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HomeMy WebLinkAboutFebruary 22, 2000 Agenda AGENDA CITY OF DENTON CITY COUNCIL February 22, 2000 Agendaltem --'-- , ....... After determining that a quorum is present and convening in an Open Meeting, the City Council will convene in a Closed Meeting of the City of Denton City Council on Tuesday, February 22, 2000 at 5:15 p.m. in the City of Denton Council Work Session Room, Denton City Hall, at 215 East McKinney, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5:15 p.m. and will convene at the time listed below for its regular or special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below. 1. Closed Meeting mo Personnel Matters- Under TEX. GOV'T. CODE Section 551.074 1. Evaluation of Municipal Judge 2. Evaluation of City Attorney 3. Evaluation of City Manager ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOV'T. CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071-551.086 OF THE OPEN MEETINGS ACT. Work Session of the City of Denton City Council on Tuesday, February 22, 2000 at 6:30 p.m. in the Council Work Session Room in City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and formal City action. At a Work Session, the City Council generally receives informal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak ceases when the Mayor announces the session is being closed to public input. Although Work Sessions are public meetings, and citizens have a legal right to attend, they are not public hearings, so citizens are not allowed to participate in the session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Should the Council direct the matter be placed on a regular meeting agenda, the staff will generally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this City of Denton City Council Agenda February 22, 2000 Page 2 procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. Receive a staff report, and hold a discussion regarding a group counseling program for couples to be presented by the Police Department's Family Services Coordinator. Receive a report and give staff direction regarding use of volunteers by the City of Denton. Receive a report, hold a discussion, and give staff direction regarding the City of Denton Tax Abatement Policy. 4. Receive an update on Region C Water Planning activities for North Central Texas. Receive a report, hold a discussion, and give staff direction concerning Intellisys Streaming Media System that will enable Intemet broadcasts of council meetings. Hold a discussion and provide staff direction regarding odor abatement at the Wastewater Treatment Plant. Receive a report, hold a discussion, and give staff direction regarding the draft Interim Nonresidential Standards Ordinance. Receive a report, hold a discussion, and give staff direction regarding Open Space Conservation options. Following the completion of the Work Session, the Council will convene into a Special Called Session to consider the following: Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 6, 2000, and, ifa runoff election is required, on June 3, 2000 for the purpose of electing council members to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, Texas; designating voting places; appointing election officials; providing for early voting; providing for bilingual notice of the election; ordering that an electronic voting system be used; and providing for an effective date. Consider the following request for relief from the provisions of Ordinace99-474, establishing moratoria to apply to certain specified development applications: a. Oaktree Plaza, southeast comer of Loop 288 and Spencer Road - 6.632 acres zoned C(c). b. Lillian Miller Parkway at Southridge Boulevard, 4.3 acres zoned PD-87 (single-family). c. Wind Jarraner, LTD., Lakes of Sundown Ranch (Unicorn Lake), 133 acres zoned PD- 20. d. Kerestine property, northwest comer of Woodrow Lane and Morse Street - 0.6+ acres zoned LI. City of Denton City Council Agenda Febmary 22, 2000 Page 3 o Consider adoption of an ordinance suspending TXU Electric Company's Tariff Filing Pursuant to Substantive Rule 25.241 requesting revisions to 27 of its retail rates/riders for sales of electric service to its customers in the City of Denton, Texas filed on January 25, 2000, for 90 days beyond the effective date to permit the City time to study and make recommendations regarding the proposed changes; adopting declarations and findings in the preamble; providing the reasons therefore; providing a severability clause; and providing for an effective date. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,2000 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AOOllda Item / Date AGENDA DATE: DEPARTMENT: CM: February 22, 2000 / Police [h/k,~ Michael W. Jez 7~ SUBJECT Receive a staff report, and hold a discussion, regarding a group counseling program for couples to be presented by the Police Department's Family Services Coordinator. BACKGROUND The Police Department's Family Services Coordinator, Richard Godoy, LMSW, has received a significant number of requests from couples for counseling in conflict resolution since his employment in February 1997. While these couples had experienced verbal conflicts in their relationships, the conflicts had not yet escalated to the degree that the criminal statutes regarding family violence were applicable. In the majority of these cases, the couples had a voluntary desire to resolve these conflicts more effectively, but had no financial means to seek counseling in the private sector. In addition to these requests, Mr. Godoy had identified couples that routinely engaged in arguments that resulted in the request for a police response, but no follow-up intervention was performed because the incidents did not result in the filing of a criminal case. These experiences led Mr. Godoy to conclude that there existed a gap in services for couples who were experiencing such conflicts in their relationships. Mr. Godoy is currently pursuing certification as an Advanced Clinical Practitioner. The certification requirements include 100 hours of supervision by a social work professional. He approached his supervisor, Dr. Donald Granvold, University of Texas at Arlington, with this problem and Dr. Granvold believed that it merited further research. Dr. Granvold referred Mr. Godoy to Dr. Peter Lehman, a social work professor specializing in domestic violence. Dr. Lehman provided Mr. Godoy with information about a group counseling program in Canada. Mr. Godoy contacted the co-author of the program, Sandra Savage, MSW, in London, Ontario, who started the program in 1987. Ms. Savage forwarded a copy of the program curriculum to Mr. Godoy. Mr. Godoy contacted local service providers to determine the availability of such a program. Overall, he found that none existed. One of his contacts was Deborah Cosimo at The Family Place in Dallas. Ms. Cosimo holds a Master's Degree in Counseling and expressed immediate and adamant concerns about the appropriateness of a public agency, and specifically the Police Department, presenting such a program. Ms. Cosimo subsequently contacted a council member who inquired about the program and also expressed concerns. Those concerns prompted this staff report. The couples group-counseling seminar is a 10-week proactive program designed for couples who have experienced conflict in their relationship, have expressed a desire to maintain their relationship, and realize they need assistance with communication skills and conflict resolution techniques. Both parties must agree to voluntarily participate in the seminar, but couples in which one or both parties have been arrested for Class A Misdemeanor Assault involving Family Violence will not be eligible for this program. However, subjects with related Class C Misdemeanor charges would be accepted as these do not involve acts of physical violence. Couples can request acceptance into the program or be referred by the Municipal Court and police officers. Each weekly session lasts three hours. During the first half of the session, the group is divided by gender with the men's and women's groups each meeting with a counselor. The groups are then brought back together for the second half of the session. The desired result will be an increased ability to effectively communicate and resolve conflicts, thereby decreasing the likelihood that their conflicts will escalate into physical violence. Dr. Granvold, Dr. Lehman, and other prominent counseling professionals have expressed great support for this program. As stated above, there is no similar couples group program currently offered and the options for couples wanting help are limited to the private sector. The Police Department held a meeting with representatives of the Denton County Friends of the Family, an organization that the Department believes to be a partner in the prevention of family violence. Once the program was explained to them, they advised that they had received misinformation about the program. They now understand that it does not involve those persons who have been charged with Class A Assaults involving Family Violence. Instead, it involves those couples who repeatedly engage in arguments that result in a police response, but have not escalated to the degree that criminal charges regarding physical violence have been filed. They also understand that this program is designed to provide services to those people who otherwise "fall through the cracks" because the case is not referred to the criminal justice system and there are no current services available. Once the Friends of the Family representatives understood these details, they advised that the program had merit as an intervention and prevention tool. OPTIONS 1. Council can approve this proposed program and provide staff direction to move forward with its implementation. 2. Council can direct staffnot to implement this program. PRIOR ACTION/REVIEW: A written memorandum, dated August 26, 1999, was submitted to Council by Chief Matheson in response to concerns communicated by Deborah Cosimo to Council Member Cochran. A copy of that memorandum is attached for Council's review. FISCAL IMPACT This program will not require additional personnel or equipment. A minimal cost may be incurred for educational materials for the participants, but these expenditures can be absorbed into the Department's operating budget without causing undue hardship. Respectfully submitted, Gary L. Matheson Chief of Police Prepared by: wright tions Captain CITY OF DENTON, TEXAS DEPARTMENT OF POLICE WEB ADDRESS: www.cityofdenton.com Date: To: From: Re: 601 E. HICKORY STREET, SUITE E DENTON, TEXAS 76205 (940) 349-8181 (940) 349-7966 (FAX) August 26, 1999 Honorable Mayor and Members of the City Council Gary L. Matheson, Chief of Police Response to Councilman Cochran's information request The City Manager provided me with an e-mail communication from Deborah Cosimo, which had been received by Councilman Cochran, asking that I review the matter and provide a response. The e-mail concerned our Family Services Coordinator, Richard Godoy, and a proposed counseling program he was researching for possible implementation. You will find attached Mr. Godoy's reply to my request for clarifying information related to the program in question and I offer it to you for your review. Further, I would like to share with Council my view and position regarding this project proposal. As you are aware, the Denton Police Department has for the past several years encouraged innovative thinking on the part of all our employees. This philosophy has been the underlying foundation for the accomplishments we have seen in our Community Oriented Policing model. The Family Services Unit, itself, is an example of our "leading edge" innovative approach to police services. Only a few police agencies have developed and integrated into their departments an effective approach toward victim services which are inclusive of professional counseling. I am very proud of the efforts our Family Services staff has devoted toward development of new ideas. Certainly, we understand and accept differing opinions. These are the types of communication exchanges that assist us all in making the best decisions. As evidenced in Mr. Godoy's attached response, our Police Department continues to seek community input and involvement in all our initiatives and projects, as we believe it to be an extremely important ingredient of our success. Accordingly, Ms. Cosimo's position on this proposal will certainly be considered before any implementation decisions are made and I applaud her contribution toward that end. In closing, I am confident that Mr. Godoy is aware of his accountability and justification requirement related to his research in supporting the proposal, and I look forward to Council's direction on this or any other matter related to more effective police services. Chief of Police Cc: Michael W. Jez, City Manager DEAN/SOCIAL WORK I 895-1 99.~ A Tredifiun of Encellence. A Future of Opportunity. THE UNIVERSiTy OF TEXAS AT ARLINGTON 04108P P .02 Aus-ust 25, 1999 Richard G°doy~ LMSW Family Service Coordinator Denton Police Department 601 E. Hickory Suite E Denton, TX 76205 Dear Mr. Godoy: This letter is to do~umcnt my role as consultant in the development of your proposed ~roup treatment of di~u'essed couples who are at risk of domestic violence. As your proposal indicates, there is professionsl literature to support your proposed inte~ention, We have discussed the importance of screening these individuals to insure that they meet the criteria for the planned intervention. I will continue to advise you on this project in the on-going Advanced Clinical Practitioner supervision that I provide you 4 hours per month. This project has the potential to provide preventative intervention to a seriously at~-risk population who may otherwise have received no intervention until after the perpetration of violence. To this extent, it is a hishly viable and remarkably commendable proposed intervention. Sincerely, Donald K. C. rr~nvold~ Ph.D., LMSW-ACP Professor Clinical Member and Approved Supervisor American Associatiol~ for Marriage and Family Therapy SCHOOL Of SOCIAL WORK Box 19129 ~' Arlington, 1oxas 76019-0129 USA · Metro 817-273-3181 MEMORANDUM TO: MIKE COCHRAN, DENTON CITY COUNCIL FROM: DEBORAH coSIMO, MA, LPC SUBJECT: PROPOSED PROGRAM BY POLICE DEPARTMENT FAMILY SERVICES./ DATE: 08/24/99 CC: RICHARD GODOY Mr. Cochran, As per our conversation on Thursday, August 19, I am expressing deep concem about the couples counseling program proposed by Richard Godoy, MSW, social worker for the Denton Police Department. Although Mr. Godoy was reluctant to go into details of his proposal with me, he mentioned it would be a cognitive behavioral modality using conflict resolution and process to work on the issues. He reported he was supporting his work with research in the marriage and family literature. He indicated he was already doing couples counseling through the Family Services of the DPD. He stated he had contacted Denton County Friends of the Family but they were not supportive. Mr. Godoy stated that he had also contacted Duluth, pioneers in the Coordinated Community Response to domestic violence. He said they thought he was "crazy". A search Of the literature regarding couples counseling reveals the great controversy in the field OVer whether or not it'should be done. One frequent reason cited is that these men (who are about 90% of the perpetrators in the criminal justice literature) will not go to counseling on their own unless couples counseling is the option. A problem arises, however, in that his violence is either not addressed, or addressing his violence puts his victim at risk because it is not safe for her to discuss his abuse. After all, she is riding home with him, living in the same house, parenting the same children, and sleeping in the same bed. In fact, the Battering Intervention and Prevention Project Guidelines, approved by the Texas Department of Criminal Justice Community Justice Assistance Division and the Texas Council on Family Violence, states on page 5: Traditional couples counseling, family therapy, and mediation are deemed inappropriate as the initial or primary intervention for batterers. Approaches that see the batterer and victim/partner together are considered detrimental for the following reasons: 1. They tend to avoid fixing responsibility on the batterer and imply that the victim/partner: and/or the relationship is also to blame for the abuse; . 2. They may perpetuate the abuse by giving batterers a sense of support for their actions and' placing the victim/partner in the position of self-disclosing information that the batterer may subsequently use against her; and 3. They underestimate the real power imbalance between family members and leave victim/partners at a disadvantage. This position is supported in the current literature in the field of domestic violence, which indicates that no couples counseling should be done as the initial or primary intervention. If couples' counseling is conducted, eligibility for services is based on very specific criteria. So if couples counseling is done in domestic violence cases, what is the criteria? · If a male batterer has a history of violence with women that predates his current relationship, or if he has strong indicators of an abusive personality, then couples treatment may not be advisable. Where the female feels threatened by the male's violence potential, or where violence is still recent, couples therapy might be delayed until the man has successfully completed an anger management program and is violence flee for a lengthy Period. In general, where the violence and conflict seem specific to the present relationship, couples treatment may be more Useful alter the man has successfUlly Completed anger management. (Donald Dutton; in The Domestic Assault of Women: Psychological and Criminal Justice Perspectives, pg. 266. 1995). · Despite these concerns, some therapists recommend the cautious use of couples counseling when the safety of victims can be ensured and the man has akeady successfully participated in a batterers program for a period of several months. Edleson and Tolman (1992) outline several other specific criteria as well: no ongoing violence or psychological maltreatment, an acceptance of responsibility on the part of the perpetrator for the violence, and both partners' desire to remain together. Dutton (1988) adds an additional criterion: Perpetrators who have previously abused other victims are not candidates for couples' therapy. (Jasinski and Williams, in Parmer Violence: A Comprehensive Review of 20 Years of Research, pg. 247-248. 1998). · Generally, the purpose of couples' counseling is to solve problems that are cause by the dynamics of the marriage. With battering, the violence is most definitely not caused by marital dynamics. Battering is not about the relationship; it is about the batterer. It is not just illogical to use couples therapy as a treatment for battering, it is dangerous .... Is there ever a place for couples therapy with batterers and battered women? Yes, alter the batterer has successfully completed a rehabilitation or education program designed to stop the violence and no instances of violence have occurred either during the course of therapy, or for at least six months alter the termination of violence focused education. (Neal Jacobson and John Gottman in When Men Batter Women: New Insights into Ending Abusive Relationships, page 226-229. 1998). · As a professional specializing in the field of domestic violence offenders for the past 8 years, I do not believe Mr. Godoy's proposed program modality of c0uples counseling is appropriate for this type of offense. In fact, when I asked Mr. Godoy if there was any other crime he addressed by encouraging the victim to sit down with the perpetrator and work things out, his answer was vague. He cited the research in the area of restorative justice, a process by which a victim confronts a perpetrator. According to the Victim- Offender Reconciliation Program Information and Resource Center (VORP): · An offender who does not admit to the offense is not suitable for victim -offender mediation. If guilt has not been admitted or adjudicated, an accused is probably ill advised to mediate, out of concern for avoiding self-incrimination. From a victim's perspective, a confrontation with an accused that denies the offense and/or blames the victim, is often experienced as a re-victimization. (Marty Price in "Comparing Victim-Offender Mediation Program Models", VOMA Quarterly, Volume 6 (1), 1995). · Mediation should not take place with an offender who seems predisposed to threaten, assault or retaliate. (Marry Price in "Comparing Victim-Offender Mediation Program Models", VOMA Quarterly, Volume 6 (1), 1995). · . · It is important that properly tralned mediator-facilitators screen prospective participants to ensure that · the mediation/dialogue process only involves individuals for who it is suitable .... screening would also rule out mediation in most cases involving domestic violence. (Randolph N. Stone in American Bar Association Endorsement of: Victim-Offender Mediation/Dialogue Programs, 1994). · Violent offenses are usually mediated upon the initiation of the victim, and only alter many months (sometimes even years) of work with a specially trained and qualified mediator, collaborating the victim's therapist and/or other helping professionals. Participation must be completely voluntary, for both victim and offender. Mediators carefully screen cases and every aspect of the mediation process has the safety of the victim as its foremost concern. Only offender~ who admit their guilt, express remorse and want to make amends are candidates for mediation. (Mart~, Price in "Crime and Punishment: Can Mediation Produce Restorative Justice for Victims and Offenders?, http://www.vorp.eom). Repeatedly, the literature I reviewed indicated restorative justice is a process that takes time and much preparation for the victim. The offender must admit and take responsibility for the offense. The victim must be safe from threats and retaliation. This is not the situation in domestic violence Cases unless the criteria recommended by researchers in'the domestic violence field are followed.. During our conversation, you asked what other police agencies were doing. From the national and regional conferences I have attended over the past year, it is my understanding that any counseling conducted in police departments consisted of crisis intervention with victims, counseling when the victim wanted to drop charges, and referrals to local resources. The modality to address domestic violence currently advocated in criminal justice and social services specializing in domestic violanee intervention is the Coordinated Community Response (CCR). There is some literature in the field which I would be glad to share with you, if you are interested. CCR actually has its roots in the Community Policing concept, a model that I thought was advocated and practiced by the Denton Police Department. I have spoken with Tony Switzer, Battering Intervention and Prevention Specialist, with the Texas Council on Family Violence. He will be sending you a letter regarding information gathered by the Texas Council on the issue of couples' counseling for domestic violence offenses. Thank you for your concern in this matter. Hotmail Inbox Page 1 of 2 HO tm a il ragodoy@hotmail, com Home Hotmail Search I Shopping I' Money Peoole & Chat I Inbox Compose " Addresses Folders Options Folder: Inbox Help From: plehmann@UTARLG.UTA.EDU Save Address Block Sender To: "Richard A. Godoy" <dchmansrag$@centurytel.net> Save Address Subject: Re: proposal?? Date: Wed, 05 Jan 2000 07:43:47 -0600 (CST) MIME-Version: 1.0 Received: from utarlg.uta.edu (utarlg.uta.edU [129.107.56.16])by mail 1 .centuryinter.net (8.9.3/8.9.3) with ESMTP id HAA09713for <richmansrags@centurytel.net>; Wed, 5 Jan 2000 07:43:48 -0600 (CST) Received: from UTARLG.UTA.EDU by UTARLG.UTA.EDU (PMDF V5.1-12 #18538) id <01JKC69FVPRK000PV2@UTARLG.UTA.EDU> for richmansrags@centurytel.net; Wed, 5 Jan 2000 07:43:47 CST Return-Path: <PLEHMANN@UTARLG.UTA.EDU> In-reply-to: <001e01 bf572b$5b64b4c0540808ed1 @ 1 > Message-id: <Pine. PMDF.3.95.1000105074000.33518A-100000@UTARLG.UTA. EDU> X-UIDL: 70cd3el lf860b4734201f251d654ddd5 R(~ply Reply All Forward Delete Next Close hi richard; Previous thanks for the note; yes, i have looked it over; probably not as clearly as i would like, however, i think you might want to consider moving ahead in some way. i think you will find more literature supporting some of your ideas, you might want to consider meeting brian ingram; he is now in denton working, i believe, through the da's office, he haas a big interest in the field and could possibly be a local ally in case you run into oppostion, please keep me posted, regards, peter Reply Reply All Forward Delete Previous ~1 (MOve to Selected FOlder) ~ Next Close Inbox Compose Addresses Folders Options . Help Get notified when you have new Hotmail or when your friends are on-line. Send instant messages. Click here to get your FREE down dad of MSN Messenger Servicel To meet new friends at the new MSN Chat, click here. .../nextprev?di sk= 207.82.250.153_d224&login = ragodoy&f= 37888&cu rm box=ACmlVE&_l/5/00 Hotmail Inbox Ho tm a il ragodoy@hotmail, com Inbox Compose Addresses Folders . Options ·Help Folderi inbox .. Page 1 of 2 Passpo From: "Richard A. Godoy" <richmansrags@centurytel.net> Save Address Block Sender To: "Richard Godoy" <ragodoy@hotmail.com> Save Addresses Subject: Fw: Question????? Date: Thu, 11 Nov 1999 18:41:48 -0800 MIME-Version: 1.0 From richmansrags@centurytel.net Thu Nov 11 16:43:10 1999 Received: from [209.142.135.253] by hotmail.com (3.2)with ESMTP id MHotMailB9F4^DgE0022D82197B6D18E88FDgC470; Thu Nov 11 16:43:10 1999 Received: from 1 (ppp038.1d.centurytel.net [209A42.128.52])by pop.centurytel.net (8.9.3/8.9.3) with SMTP id SAA23412for <ragodoy@hotmail.com>; Thu, 11 Nov 1999 18:43:29 -0600 (CST) Previous Next Close Message-ID: <000701 bf2ca65b57e2680534808ed 1 @1 > X-Priority: 3 X-MSMaiI-Pdority: Normal X-Mailer: Microsoft Outlook Express 5.00.2314,1300 X-MIMEOLE: Produced By Microsoft MimeOLE V5,00.2314.1300 Reply Reply All Forward Delete ..... Original Message ..... From: Richard Gelles <qelles@ssw.upenn.edu> To: Richard A. Godoy <richmansraqs@centurytel.net> Sent: Thursday, November 11, 1999 3:54 PM Subject: Re: Question????? > The literature notwithstanding, there is research that shows that couples > counseling can be useful if the level of risk and violence is low and both > individuals are motivated to attend the therapy. > > Richard Gelles > > At 12:44 PM 11/11/1999 -0600, you wrote: > > Professor Gelles, My name is Richard Godoy, and I have a masters degree > >in social work from the University of Texas at Arlington. I have been > >doing research into developing a couples group counseling program for > >couples who have exhibited low levels of violence (emotional, verbal) this > >are commonly referred to as Class "C" misdemeanor offenses. I realize that > >in the literature conjoint counseling with both the batterer and victim is > >inappropriate, but that is often when the batterer has exhibited physical .../getmsg?disk=207.82.250.153_d224&login--ragodoy&f=33792&cutmbox=ACTIVE&_lang= 11 / 12/99 Hotmail Inbox > >violence. Afterall, physical violence is the offense that will get someone > >arrested. What do you think of a program where couples wi~h low levels of > >violence are given interventions. > >I envision the format as follows: The males will meet with a male therapist > >while the females would meet.with a female therapist. These groups would ... > >meet simultaneously for 1.5 hours, followed by a break, then the couples > >will be brought together for a one hour counseling session. & control, > >anger management, etc), while the women would receive interventions that > >would serve to empower them, provide resources,.and help them understand > >the cycle of abuse. The couples will meet together and interventions such > >as conflict resolution, time-outs, communication, etc would be presented. > >What are your thoughts on such a program. Any insight would be appreciated. > > In fact, I've written up a proposal outlining what I've mentioned. I hope > >to hear your response soon. Thank-you, Richard Godoy LMSW > Richard J. Gelles, PhD > Joanne and Raymond Welsh Chair > of Child Welfare and Family Violence > School of Social Work > University of Pennsylvania > 3701 Locust Walk > Philadelphia, PA 19104 > 215.573.7133 > FAX: 215.573-2099 > qelles@ssw.upenn.edu > Page 2 of 2 Reply Reply All Forward Delete Previous Next Close Selected Folder) "'~ Inbox Compose Addresses Folders Options Help IGet notified when you have new Hotrnail or when your friends are on-line. Send instant messages. Click here to get your FREE download of MSN Messenger Servicel Buy Books I Buy Music [ Cars [ Clothes I Download Music I Entertainment Free Games I Free Home Pages I PC Downloads I Travel Agent I Yellow Pages I More... Search the web: [' I ~ © 1999 Microsoft Corporation. AIl rights reserved. Terms of Service Pdvacy Statement .../getmsg?disk=207.82.250.153_d224&login--ragodoy&f=33792&curmbox=ACTIVE&_lang= 11/12/99 Hotmail Inbox Page 1 of 2 HotmaiF Hotmail ragodoy@hotmail, com Passp_o Inbox · ..Compose Addresses Folders . Options Help · Folder: Inbox From: "Richard A. Godoy" <richmansrags@centurytel.net> Save Address Block Sender To: "Richard Godoy" <ragodoy@hotmail.com> Save Addresses Subject: Fw: question???? Date: Thu, 11 Nov 1999 21:55:51 -0600 MIME-Version: 1.0 From richmansrags@centurytel.net Thu Nov 11 20:04:41 1999 Received: from [209.142.136.253] by hotmail.com (3.2) with ESMTP id MHotMaiIB9F4DB4500A8D820F3D1D18E88FDDB450; Thu Nov 11 19:57:58 1999 Received: from 1 (ppp116.1d.centurytel.net [209.142.128.130])by pop.centurytel.net (8.9.3/8.9.3) with SMTP id VAA17275for <ragodoy@hotmail.com>; Thu, 11 Nov 1999 21:57:32 -0600 (CST) Message-ID: <001301 bf2ccl Sd0c45020582808ed1 @1 > X-Priority: 3 X-MSMaiI-Priority: Normal X-Mailer: Microsoft Outlook Express 5.00.2314.1300 X-MimeOLE: Produced By Microsoft MimeOLE V5.00.2314.1300 Reply Reply All Forward Delete Previous Next Close ..... Original Message ..... From: Dr. Donald G. Dutton To: Richard A. Godoy Sent: Thursday, November 11, 1999 7:09 PM Subject: Re: question???? I think that you have to first assesss the level of abuse perpetrated by each member of the couple. You have to consider safety issues, but if they don't seem relevant- a couples assseretivness/communieation program seems potemtially helpful Don Dutton. "Richard A. Godoy" wrote: Professor Dutton,My name is Richard Godoy, and I have a masters degree in social work from the University of Texas at Arlington. I have been doing research into developing a couples group counseling program for couples who have exhibited low levels of violence (emotiOnal, verbal) this are commonly referred to as Class "C" misdemeanor offenses. I realize that in most of the family violence literature, conjoint counseling with both the batterer and victim is inappropriate, but that is often when the batterer has exhibited physical violence. After, physical violence is the offense that will get someone arrested. What do you think of a program where couples with low levels of violence are given interventions. I envision the format as follows:The males will meet with a male therapist while the females would meet with a female therapist. These groups would meet simultaneously for 1.5 hours, followed by a break, then the couples will be brought together for a one hour counseling session. & control, anger management, etc), while the women would receive interventions that would serve to empower them, provide resources, and help them understand the cycle of abuse. The couples will meet together and interventions such as conflict resolution, time-outs, communication, etc would be presented. What are your thoughts on such a program. Any insight would be appreciated. In fact, I've written up a proposal outlining what I've mentioned. I hope to hear your response soon. Thank-you,Richard Godoy LMSW .../getmsg?disk=207.82.250.153_d224&10gin=ragodoy&f=-33792&curmbox=ACTIVE&_lang= 11/12/99 REFERENCES Taken directly From the Following Sources: Bandura, A. (1977b). Social Learning Theory. Englewood Cliffs, N3: Prentice-Hall. Baucom, D. H. & Epstein, N. (1990). Cognitive BehaViOral Martial TheraPY.' NeW ' York: Brunner/Mazel. Bertcher, H..1. & Maple, F. F. (1996). Creating Groups. Sage Publications. Dutton, D. G., Starzomski, A. & Ryan, L. (1996). AnteCedents of Abusive Personality and Abusive Behavior in Wife Assaulters. 3ournal of Family Violence, 1,1: 113-132.) Dutton, M. A. (1992). (1992). Empowering and Healing the Battered Woman: A Model for Assessment and Intervention, Springer, New York. Fincham, F. D., Fernandes, L. O. L., & Humphreys, K. (1993). Communicating in Relationships-A Guide for Couples and Professionals. Research Press. Granvold, D. I~. (1988). Treating Marital Couples in Conflict and Transitions. In .1. S. McNeil & S. E. Weinstein (Eds.), InnOvatiOns in' Health Care Practice (pp.68- 90). Silver Spring, MD: National Association of Social Worl~ers. Granvold, D. K. & .1ordan, C. (1994). The CogniUve-Behavioral Treatment of Marital Distress. In D.K. Granvold (Ed.). Cognitive and Behavioral Treatment Hethods and Applications (pp. 174-201). Pacific Grove, CA: Brooks/Cole. Granvold, D. K. & Wodarski, .1.S. (1994). Cognitive and Behavioral Treatment: Clinical Issues, transfer of training and relapse prevention. In D.K. Granvold (Ed.), Cognitive and behavioral treatment: Methods and applications (pp.353- 375). Pacific Grove, CA: Brooks/Cole. Granvold, D. K. Brief CogniUve-Behavioral Couples Therapy. In Press Crisis Intervention and Time Limited Treatment, 4, (1). Granvold, D. K. (1983). Structured Separation for Marital Treatment and Decision-Making..1ournal of Narital and Family Therapy, 9, 403-412. Margolin, G. (1987). Marital Therapy: A Cognitive-BehavioraI-Affective Approach. In N. S..lacobson (Ed.), Psychotherapists in Clinical Practice. New York: Guilford Press. Margolin, G. (1981). Behavior Exchange in happy and unhappy marriage: A family cycle perspective. Behavior Therapy. 12, 329-343. Margolin, G., Burman, B., .lohn, R. S., & O'Brien, M. (1990). Domestic Conflict :~ndex. University of Southern California. . '... · Margolin, G., .lohn, R. S. & Foo, L. (1998). :Interactive and Unique Risk Factors. for Husbands' Emotional and Physical Abuse of Their Wives..lournal of Family Violence, 13, 4. 315-3qq. Margolin, G,. & Burmah, B. (1993). Wife abuse versus marital Violence: Different Terminologies, Explanations, and Solutions. Clinical Psychological Review. 13: 59- 74. * Savage, S. (1987). Group Treatment for Abusive Men and their Partners: A Family Service Approach. London, Ontario. Snyder, D. K. (1979). Multidimensional Assessment of Marital Satisfaction. Journal of Marriage and Family, 41, 813-823. * The Couples COunseling GrouP Seminar material is taken and adapted from the program for Abusive Men and their Partners bY Sandra Savage MSSW. Permission was given by the author to revise and adapt the program to meet the needs of the clients in our community. AGENDA INFORMATION SHEET Agenda Item ~ ~,_, AGENDA DATE: DEPARTMENT: CM~CM/ACM: February 22, 2000 City Manager's Office /~ / Michael W. Jez, City Manage~lr'q SUBJECT: Receive a report and give staff direction regarding use of volunteers by the City of Denton. BACKGROUND: Council Member Mike Cochran requested information on the use of volunteers in the City of Denton. The City of Denton uses volunteers to help in its delivery of services. Volunteers are classified in different ways: internships, established community programs, community services hours for probation, and citizen involvement. Internships are non-paid internships that students receive course or educational credit for working in their field of study. The city also has several established citizen community programs that are lead by individual departments. In working with the municipal court, there are several individuals that are required to fulfill community service hours. Many departments use these individuals to complete and assist in tasks. The departments coordinating the volunteers often have formal policies and procedures, but some do not. Samples of the formal policies from Parks, Library, Human Resources, and Police are attached. The city benefits greatly from the use of volunteers, they provide the opportunity for staff members to focus on other tasks while the volunteers are assisting and complete routine or less complicated tasks. This process also allows for better efficiency of resources. Volunteer services included but are not limited to general clerical duties, assistance in set-up and monitoring special events, citizen communication, and staff support. In 1999, the city used over 43,584 volunteer hours. The cost savings for these hours total over $383,433.00. The cost savings is measured by using the entry-level pay of a staff member that would be completing the job. For example, a volunteer assigned to clerical operations would be paid $9.01/hour (entry level receptionist). OPTIONS: N/A Febmary 22, 2000 Volunteer Information Page 2 PRIOR ACTION/REVIEW (Council, Boards, Commission): None. FISCAL INFORMATION: Attached chart. Prepared by: Rodney/Mitchell Management Assistant Respectfully submitted: Director, Public Information and Management Volunteer Information Department: Technology Services Contact: Bobbie Cargile, Information Services Manager Information: In the last year Technology Services has had 2 (two) interns from the International School of Business College. Each intern worked 120 hours without pay to get his or her networking license. At the end of the internship we hired 1 (one) of the interns for $10.53 an hour. So while they were interning the city saved $2,527.20 in temp salaries. I used the interns in the Networking Division of Technology Services. They performed a wide variety of duties to include PC inventory, imaging PC's, installing PC's at user sites, working on PC problems as well as networking switches, routers, and wiring. I will need to acquire a couple more interns when our PC lease ends in May to help roll out the new PC's. Right now I do not have a policy because using interns is like using temps. If they don't work out, you send them back for replacements. Volunteer Information Department: Solid Waste Landfill Contact: David Dugger, Lanfill Manager Information: Community Service Personnel Man Hours Onsite January-December, 1999 Jan. 400 July 320 Feb. 250 Aug. 320 Mar. 230 Sep. 400 Apr. 400 Oct. 400 May 480 Nov. 300 Jun. 360 Dec. 300 TOTAL 4,160 hrs. $9.01 (Maint. Worker) times 4,160 hrs. Equals $37,481.60 saved Maintenance Worker I = 2080 hours per year Volunteer Information Department: Airport Contact: Mark Nelson, Manager Information: Attached is a breakdown of cost savings for two "activities" utilizing volunteer help. We plan to implement the same resources during FY 00. At this time we do not have any policies or procedures in place other than NOT participating in the JTPA program. Community Service Hours: Estimated savings ($8.00/hr) $1,600 Denton Air Fair Volunteers: Estimated savings ($10.00/hr) $7,800 TOTAL SAVINGS: $9,400 Volunteer Information Department: Parks and Recreation (Parks Foundation) Contact: Ed Hodney Director Information: Parks Foundation, we estimate 550 hours per year from the 10 members. They have also directed approx $75,000 per year toward parks and rec programs. Volunteer Information Department: Risk Management Contact: Christina Scott, Health Benefits Administrator Information: Under Finance/Risk Management dealing with the insurance benefits for employees, I have around 4 volunteers assist me each year. Each volunteer only works a total of 40 hours and they are referred by the International Business Schools. The volunteers work for the City at no charge, and in return, we provide the work experience, answer a questionnaire regarding the volunteer's work habits and provide a reference letter. Utilizing these volunteers saves the city money at the cost of clerical staff (40 hours x 9.01 per hour = $360.40 for each volunteer plus taxes, benefits and equipment costs), which is probably over $1,400 a year. There are no policies, brochures or manuals in dealing with these volunteer workers. The tasks that are generally performed by these individuals are as follows: 1. Verification of premium bills. 2. Preparation of microfiche records. 3. Paper shredding of confidential data. 4. Alphabetical filing. 5. Assist in preparation of communication materials to be sent to employees. 6. Special projects. 7. Other miscellaneous clerical duties Volunteer Information Department: Fire Contact: Ross Chadwick, Fire Chief Information: We use one volunteer who works about 4 hours per week from RSVP. He files and assists the clerical staff. This usually amounts to about 200 hours per year, which saves us clerical time. I would estimate the annual cost savings for this person to be a minimum of $2,000. We use members of FireCATS (graduates of our Citizens Fire Academy) who staff our rehab vehicle. They pick it up from the fire station, drive it to the emergency scene and then staff it during the emergency. Usually when we have a major incident we will get at least 4 FireCATS to respond. This probably amounts to 2 incidents per month for four hours each for a total of 384 hours. In the past we usually paid overtime for one firefighter to bring the rehab unit to the scene and that person then helped with crews assisted by on-scene firefighters. Having the FireCATS do this function frees up all the firefighters to take care of the emergency with the support from these volunteers. The cost savings to the Fire Department is approximately $4,000 per year. We also use FireCATS as part of our Victim's Assistance program. They assist a Battalion Chief in addressing the needs of victims of fire. This function has been used about three times per month for two volunteers for about three hours each time for an estimated total of 216 hours annually. There are no actual cost savings but the assistance the volunteers give make this function much more effective. In addition the volunteers have raised over $4,000 in donations this year for support of the victim's support program. We purchased a $30,000 fire safety house with donations from the community and especially businesses, which were solicited by volunteers. Volunteer Information Department: Demon Municipal Utilities Contact: Velma Gray, Public Information Specialist Information: Attached sheet. Volunteer Information Department: Parks and Recreation Contact: Ed Hodney, Director Information: The Leisure Services Division had a total of 422 volunteers (community service and regular volunteers combined) for a cost savings of $263,219 in a 12 month period. Attached is a volunteer annual. 35,256 hours ~ $7.26/hr 85.9 hours/volunteer While volunteers are under the direct supervision of the person in charge of their assigned area, the Volunteer Coordinator has the responsibility for the entire volunteer program functioning in the Senior Center proper, and therefore makes recommendations to Center Supervisor to judge urgent priorities. If you are asked to change your work assignment, we hope you will do so graciously, for all things have been considered before asking you to do so. The Volunteer Coordinator is your representative on the Senior Center staff and is vitally interested in your satisfaction as a volunteer. Please offer her any information and/or suggestions for improving your job assignment(s). Any problems that may arise concerning your volunteer service in the Center, should it be a personal problem, concerns with Center policy, or your job satisfaction, should be brought to the attention of the Volunteer Coordinator. This is the most important avenue for constantly improving the service in the Center. Code of Ethics As a volunteer, I realize that I am subject to a code of ethics similar to that which binds the professionals in the field in which I work. *I agree to serve without pay, and will adhere to the same high standards as the paid staff. *I expect to be accountable for the work I am given. *I will hold as confidential all information entrusted to me as a part of my duties as a volunteer. *I will take to my work an attitude of interest, open mindedness, and trainability. *I will respect the staff working in the facility, and will emulate their professional attitude. *I will adhere to the roles and regulations of the Denton Senior Center to the best of my ability. Signature Date Requirements before Placement 1. Complete application and interview. 2. Code of Ethics read and signed 3. Mandatory Orientation to the Center. 4. Read and understand Volunteer Manual. Ask questions for clarification. Expectations · SMILE! · Volunteers should be good listeners. · Volunteers are here to serve our visitors. · Use eye contact when interacting with visitors. · Introduce yourself when appropriate. · Learn to use the visitor's last name when addressing them. · Recognize and acknowledge visitors immediately. · Keep work area neat. · Always provide clear and helpful directions. · Personally escort visitors when possible. · Don't ignore guests who must wait for service. Frequently inform them that you have not forgotten about them and you are monitoring the situation. Take a "can do" approach to problems. · Never indicate that the location requested by a guest is unfamiliar...reply should be "Let me locate that office for you"...go ask if needed. · If in doubt about complying with a visitor's request, ask the person in charge first. Report any unusual requests, complaints, conversations, or situations to the Volunteer Coordinator and/or the staff. · Go out of your way to provide the extra touch. · Be confident, relax, and genuine. · Each member of the Senior Center really cares about the welfare of each visitor. He or she is sensitive to their needs and desires and tries to keep them comfortable and happy. · Each volunteer is expected to learn standard procedures and follow them. · Volunteers work together as a team, respecting each other, understanding each other's strengths and weaknesses, and not criticizing unjustly. · Ambition and attention to details are important characteristics of a volunteer. He or she is not afraid of hard work, completes duties promptly, and tries to do "the little things" that are often overlooked. · Volunteers are willing to learn - through inservice programs and spontaneous situations - and are flexible and willing to try new procedures. General Rules Sign ln, Sign Out, and Hourly Records: Volunteers are required to sign in and sign out in the Volunteer Log Book located at the front desk. College student volunteers are required to sign in and sign out in the Volunteer Time Sheet located at Office Coordinator's desk. This should be the first and last thing a volunteer does each time he/she reports to assignment. Service awards are presented according to these hours. A permanent record of service hours is maintained and updated monthly in the volunteer office. Monthly hours are to be totaled by the volunteer. Name Badges: The Senior Center will supply the Volunteer with the appropriate name badge, which is to be wom at all times while in the Senior Center. Attendance: It is appreciated when a volunteer attempts to secure a replacement for his/her absence. It is understandable that there may be situations that prohibit a volunteer for working on his/her assigned day. For this reason, all volunteers are asked to notify the Volunteer Coordinator of their upcoming absence. This will allow the Volunteer Coordinator to plan for a replacement and excuse the volunteer's absence. Money and Tips: Volunteers may not accept tips and gratuities for their service. Personal Business: Volunteers may not sell items for personal profit while on duty. Valuables: The Senior Center cannot be responsible for valuable(s) while on assignment. If possible lock your valuables in your trunk, and bring as little as possible into the Center. 1 General Rules Security: Suspicious incidents or individuals should be reported to the supervisor in the volunteer's assigned area. In making a report, gather as much information about the occurrence as possible, such as description of person(s) involved and specific behavior. Each staff member in the Senior Center, including volunteers, is responsible for maintaining a safe and secure environment. Accidents or Injuries On The Job: All accidents or injuries that involve the volunteer, either as a witness or as the injured, must be reported to the Volunteer Coordinator or any the staff immediately --regardless of how minor it may seem. Safety: Volunteers do not have hazardous assignments, however, always follow be careful to assure safety to yourself and others. Avoid poor safety attitudes: Forgetfulness Ignorance Laziness Over confidence Inform your supervisor of hazards and recommend how to eliminate them or improve safety performance. Maintain cleanness and good personal habits. Compliance with safety requirements is a volunteer requirement as well. Non-compliance is a cause for removal from the task schedule. Know what to do in an emergency. 2GeneralRules Qualification The Denton Senior Center Volunteer Service is open to individuals 16 years of age and older, who agree to work within the established framework of the Volunteer Program as set forth by the Senior Center. Senior Volunteers: · Service oriented · Provide own transportation to the Senior Center · Be reachable by phone · Be responsible for completing assigned tasks · Be flexible College Student Volunteers: · Be responsible for completing assigned tasks · Have whtten workable goals · Service oriented · Be reachable by phone · Provide own transportation to the Senior Center · As flexible as possible The Denton Senior Center does not discriminate against ethnicity, race, culture, gender, socio-economic status, religion, and physical disability. Job Descriptions Volunteer Coordinator: Established work schedule. · Responsible for management of volunteer staff: -- interview volunteers -- job assignments -- volunteer records · Assist staff as needed. · Attend weekly staffmeetings. · Special events assistant coordination. · Computer literate. · Maintain list things of volunteer projects on board. Kitchen Kitchen Coordinator · Keep the kitchen straight, organized, clean, and sanitary (including cabinets, pantries, and the ice machine room). · Keep running inventory on plates, plastic wares, napkins, cups, coffees, creamers, etc. · Keep all the drawers organized. · Coordinate with staff before special events. · Launder linens is needed. · Monitor the freezer and the refrigerator clean and organized. · Monitor the freshness of foods. · Is responsible for recruiting two to three helpers for special events. Library & Book Review Committee 1) Library committee members are responsible for: · Sorting and labeling books. · Recycling books on the book shelves. · Keeping books on the shelves. · Reading collections. 2) Book Review committee members are responsible for: · Sending out letters to retirement centers. · Sending out announcements. · Preparing refreshments before the event. · Cleaning up after the event. 1 Job Descriptions Office Coordinator: · Newsletters assistant: new/renewals, birthday list, Calendar Page, Highlights, and mailing list · Responsible for sending cards: birthday, get well, and sympathy. · Record hours for RSVP. · Is responsible for all of the volunteer work at the front desk. · Monthly volunteer hours calculation: Supervisor and RSVP. · Update Building Usage Book. · Front desk receptionist scheduling. · Maintain general information list. Front Desk: · Answer phones, transfer calls, take messages, and locate participants for emergency calls. · Greet and assist participants at desk. · Welcome new visitors and arrange for tour of buildings. · Complimentary newsletters for all visitors. · Maintain newsletters subscriptions. · Enroll and receipt participants. · Operate copy machine as needed. · Distribute games as requested. · Maintain daily lunch list. · Record hourly count of participants. · Count participants in special activities. · General receptionist duties. · Computer registration. Wood Shop: · Read and sign the safety manual before using the Wood Shop. · Complete supervisor training. · Make sure no one can use the machine without supervisor. · Keep track of dues. · Cleanliness and orderliness of shop. · Empty trash as needed. · Keep door locked when not in use. 2 Job Descriptions Program Committee: · Submit ideas for upcoming trips, seminars, classes, and special events. · Format the whole activities in the Center. · Attend monthly meetings. Dance Committee: · Prepare refreshments. · Decorate the Multipurpose Room for special events. · Decide dance for special events. · Attend monthly meetings. Exercise Group 1) Stretch&Step · Leading seniors on Tuesday and Thursday at 11:00am in soft aerobic. · Provide appropriate musical accompaniment and necessary equipment. Be responsible for upkeep and storage of the same. · 30-35 minutes limit for the exercise. 2) Stretch & Tone · Leading seniors on Monday, Wednesday, and Friday at 11:00am in stretching exercise. · Provide appropriate musical accompaniment and necessary equipment. Be responsible of upkeep and storage of the same. · 30-35 minutes limit for the exercise. Band: · Attend rehearsals. · Attend all performances. · Pull walls as needed. · Arrange chairs. · Assist director as needed. · Set up equipment before the performance. · pack up equipment after the performance. 3 Job Descriptions Chorus & Bell Choir: Attend rehearsals. · Attend all performances. · Pull walls as needed. · Arrange chairs. · Assist director as needed. Country Store Committee: · Chairperson - in charge meetings. · Secretary - keep records of the meetings. · Advisory - provide suggestion and input. · Center's Financials - ulpdate the center's finance. (?) · Financial Report - in charge actual money. (?) · Book Keeping - record all the consignor's in and out in the Consignor's Record Book. · Card Workshop Supervisor (recycle greeting cards) - buy supplies and recruit volunteer assistance. · Store Display - decorate the store. · Inventory - monthly inventory update. · Store Volunteers - keep track the hours volunteers work and turn in to RSVP to get credits for the hours. · Individual Volunteers -- sell the merchandise -- do book keeping -- bring in merchandise from consignors TTT Sale Committee: · Before the sale -- distribute flyers -- sort every item that comes in -- price every item that comes in · During the sale -- get the items out -- display for the customers -- do cashier work -- straighten the tables -- keep in order -- direct people to the cashier · After the sale ~~ cleanup 4 Job Descriptions Safety & Emergency Procedures Body Mechanics: Volunteers should practice proper body mechanics, which means using the body safely and effectively without excess stress, fatigue, or risk of injury. Some of the key concepts are listed here: Remember do not get too tired! --Move slowly and carefully, avoid sudden quick movements. --Use a wide base of support - stand with feet apart during lifting. --Bend with the legs when lifting objects. --Avoid combining movements (bending/twisting or lifting/twisting). --Pivot, do not twist. Move your feet the direction you want to go rather than twisting at the waist. --Never hurry or walk backwards! --Watch for pieces of furniture left in passageways and items dropped on the floor. --Beware of wet spots on the floor and wipe up when found. --Feel responsible for removing hazards. If the Fire Alarm Goes Off'. · Stay calm. Do not ever run or yell "fire". · The visitors will look to you for reassurance so you must remain calm. · All visitors must leave the Center through the nearest outside exit door. Exit procedures are posted on prominent walls. If You Discover A Fire Remember the Following: R C A F RESCUE any person in the immediate area of the fire. CONFINE the fire by closing the door to the area. ALERT others by pulling the fire alarm. FIGHT the fire if it is within your ability to do so. If There Is A Tornado Alert: · Assist the staff in moving all visitors into the inner hallways. · Close the doors to all rooms. · Engage visitors in an activity (songs, quizmasters...). · Remain calm - the residents will get upset if you seem anxious. Volunteer Benefits An annual appreciation and recognition event is scheduled and throughout the year Volunteers are remembered in various and different ways. Termination of Service A volunteer may be asked not to return if her or his actions conflict with the philosophy and guidelines of the Volunteer Service and the mission of Denton Senior Center. Such actions may include, but are not limited to the following: Discourtesy to visitors or staff members Violation of departmental safety roles Neglect of duties or refusal to perform expected duties Disregard for departmental policies and procedures Inability to work cooperatively with others Excessive unreported absences RECEPTIONIST TRAINING LIST APRIL 1994 Please be sure to check of each of the following items when you are training anew receptionist: Proper greeting for the telephone Telephone system (transfer, hold, voice mail) Phone messages (complete information) Put out pink attendance sheet Post attendance in the log book Hourly count (Complete attendance for activities) Registration procedures for fee based and free activities Writing a receipt (save voided receipts) Endorse all city of Denton Checks Difference between city and Advisory Board receipts Make sure there are two days lunch lists on the clip board Check the lunch list for duplications WELCOME EVERYONE THAT COMES INTO THE CENTER Make copies Resource books available to answer questions Attach the money or check to the receipt or place it in a marked envelope Help keep the desk area and desk top neat and organized Ask new participants to fill out an orange card Find someone to give visitors a tour and orientation Post your volunteer hours Monitor coffee pot and alert staff when it is low Emergency procedures (9-911) Promote special events and projects (quilt tickets, ect.) Lunch list stays at the desck until 11 am Get name and address from people who donate items Remind staff members to go over the day with you first thing HAVE FUN AND BE'POSITIVE (You are our first impression) Volunteer Information Department: Library Services Contact: Jill Saltsman, Library Assistant III Information: Attached information. T E X A S DENTON PUBLIC LIBRARIES 502 Oakland St., Denton, TX 76201 940-349-8566 Fax 940-349-8260 www. dentonlibrary, com MEMORANDUM TO: FROM: DATE: SUBJECT: Rodney Mitche~ City Volunteer efforts Department: Volunteer Hours for FY Year to Date 99/00: Estimated cost savings: Volunteer Hours for FY 98/99: Estimated cost savings: Denton Public Library 502 Oakland 558.90 $4,499.15 (based on $8.05 per hr., library clerk rate) 2754.85 (includes volunteer hours fi:om all departments at the Ma'm library, including Community Service hours) $22,176.54 (based on $8.05 per hr.) Attached, please fred various forms and brochures we use during the volunteer process. If you need further assistance or information, please contact me at 7737. VOLUNTEER REGISTRATION FORM NAME PHONE NO ADDRESS EDUCATION POSITION DESIRED AVAILABLE TIME VOLUNTEER EXPERIENCE (if any) QUALIFICATIONS OF SPECIALTALENTS OR INTERESTS GUIDELINES FOR COMMUNITY SERVICE All community service candidates are interviewed to determine their ability to perform specific tasks and to determine whether their general attitude will be compatible to the library's needs. The library reserves the right to refuse acceptance of any person we do not believe will benefit from serving their hours at the public library. As a community service worker at the public library you are expected to strictly follow these guidelines as you complete your community service hours. Failure to follow these guidelines may result in immediate termination of your community service. In addition, your paperwork will be sent back to the agency you are under, along with a letter stating the reason for your termination. 1. DRESS CODE: No jeans are allowed No T-shirts without collars are allowed, shirts must be tucked into your trousers. No sleeveless shirts or blouses are allowed. No barefeet, stockings or socks must be worn with shoes No sandals are allowed No hats are allowed No shorts are allowed No headphones SIGNING IN AND OUT UPON ARRIVAL AND UPON LEAVING THE LIBRARY: When you arrive please come to Circulation and ask a staffperson to sign you in. Please try to arrive on the hour. If you do not you will need to stay for at least 1 hour and will be given an hour from the exact time you arrive, for instance if you arrive at 6:10 pm, you would need to stay until 7:10 to receive credit for one full hour. It is preferred that you set a schedule to work and you must work a minimum of four hours each week. If you have free time and would like to work extra hours in a given week, we ask that you call us at (940) 349-7737 for the Main, and (940) 349-8251 for the South Branch, before you come in and check with the Circulation staff to see if we have work for you to do at that time you are wanting to come in. If we do not have any task that needs to be done you would have to wait until your scheduled time. MISSING YOUR SCHEDULED WORK TIME: You are responsible for notifying a supervisor if you are going to miss your scheduled work time. You must notify a supervisor if you are going to miss the week entirely due to vacation or illness or other unforeseen circumstances. IF YOU DO NOT MAINTAIN CONTACT FOR FOUR WEEKS IN A ROW , IT WILL RESULT IN IMMEDIATE TERMINATION AND YOUR PAPERWORK WILL BE RETURNED TO YOUR PROBATION OFFICER STATING THE REASON FOR DISMISSAL. MAIN LIBRARY HOURS: SUN. 1-5, M,WED,FRI,SAT 9-6; TUES., THURS. 9AM TO 9PM, SUN. 1-5 SOUTH BRANCH HOURS: MON., WED. 12-9, TUES., THURS.,FRI.,SAT. 9-6, SUN. 1-5 Community Service signature Date Date Authorized signature CSguideline.doc 01/26/00 JS QUALIFICATIONS OF A VOLUNTEER Denton's Outstanding Volunteer Effort is open to all men and women from fourteen years of age who wish to offer their time, energy, and skills on a regular basis for a short or long term. To be a volunteer it is necessary to have adesire to serve others, to be cooperative, to be friendly, to be willing to learn new skills, to be willing to help. A volunteer must have a professionla attitude and a helpful, gracious manner. A volunteer should enjoy working in a library atmosphere, be able to alphabetize materials readily, follow directions, work indepen dently, and relate effectively with the staff. VOLUNTEER INTEREST AND HOBBY CHECKLIST This information will be used to assist the Volunteer Coordinator in placing volunteers. No [ have done this I would like to do tl~ I mi~l~ like. m do Ihi~ Conducting tou~ Speaking to groups Printing (handwriting or calligraphy) Taking responsibility bieeting new people Stu{fing envelopes Using math Typing or word processing Making flannelgrapks for storyhours Artwork (posters, displays) Teaching others Making decisions Role-playing (acting) Storytelling from memory Reading stories aloud Puppeteering Working with machines (film projectors, etc.) Data entry Assisting with craft programs Organizing a meeting Playing an instrument for a group Participating in group activities (decorating, clean-up, etc.) Filing Shelving books Writing reports, speeches, etc. Dusting, cleaning Custodial & maintenance work Job with public contact Helping others (one-to-one) Repairing books Receptionist Fu nd .raising/O ran tsmanship/$peciai events Name: Address: .................................................................... Zip Code: Phone Number: Home _ Work Birthday (optional Desir'ed Library toc~-,tion: Desired Work Schedule: Day(s) Hours Education: Employment experience (describe briefly Person to Contact in case of emergency: Home phone: Have you done volunteer wor. k before? Work phone: If yes, what type? How did you hear about, the L'ibra.r¥'s voiunt, eer program? Additionai relevant skills/experience __._Pl'evJ. ous library work Typing/word processing ...... Storytelling ..... Data processing/computer work Knowledge of A-V equipmeng Arts and crafts ability _._Krtowledge of foreign languaCe; if yes, ~$hJ. ch one(s): .... Other specia] skills/experience: If you have any questions about our volunteer program, please call the Information number, 54F6~-8565. Thank you for your interest! For Libra. tv Use Onlx Wor~ Schedule: Dat,~ Inactive: Placement Location: Date Started: Resigned: ATTENDANCE A minimum of three (3) hours per week is suggested for volunteers. More hours may be contributed according to the individual volunteer. At least two con- secutive hours are necessary to accomplish most assignments. Volunteers set their own hours in accordance with the supervisor of their department. Volunteers are urged to be dependable and responsible. Like regular staff they are helping the public. ETHICS Volunteers are sometimes entrust ed with information considered confidential. Any such information should not be shared with family or friends. Patrons' re- quests for materials are their personal business, not the Library's, not the volunteer's. Gossiping on the job is discouraged. Do not discuSs personal matters with patrons or chat excessively with staff or other volunteeers. Ail library property(books, recordings, tapes, etc.) must be checked out on a library card. DRESS It is suggested that jeans, sweatshirts, tee shirts, and tennis shoes not be worn. Decisions concerning attire are subject to the discretion of the Library Director. Name tags should always be worn. This is one way to promote community awareness about our greatest asset, you, the volunteer. TELEPHONE While on duty, please limit personal telephone calls. There is a phone just outside at the front of the building which may be used for ong-distance calls, if necessary. Long distance telephoning from a library instrument is prohibited. VACATION ~lease notify your superivisor when you plan ~o be away. This enables ~he Library to find a substitute or to delay a project. INCLEMENT WEATHER INCLEMENT WEATHER CLOSING The Library, as a part of the municipal system, provides necessary services despite inclement weather conditions. The Library closes only if other city offices do. No volunteer is expected to work during inclement weather. HOLIDAYS Legal holidays taken by the Library vary from year to year. Holiday Hours Will Be Posted Before Each Closing. The monthly time sheets indicate holidays and Sundays. PERSONAL BELONGINGS Please do not bring valuables to the Library. Keep your belongings to a minimum since there is no locker space available. SMOKING SMOKING IS NOT PERMITTED ANYWHERE IN THE LIBRARY. EMILY FOWLER PUBLIC LIBRARY VOLUNTEER POSITION DESCRIPTION TITLE/POSITION: Adult Services/Reference Volunteer DESCRIPTION OF POSITION: Data input of DRC indexes SAMPLE OF ACTIVITIES: 1. Enter into WanK files birth, death, ~room and bride slips 2. Check printout of files for errors 3. Correct errors in files e TIME: WORK LOCATION: Length of commitment: Estimated total hours: Schedul ing: Flexible X 'Adult Services area __ On-going X Limited duration One-time Established QUALIFICATIONS SOUGHT: Accurate typin8 Prefer experience with data entry e BENEFITS: 1. e SUPERVISED BY: Linda Touraine/Reference Librarian EMILY FOWLER PUBLIC LIBRARY VOLUNTEER POSITION DESCRIPTION TITLE/POSITION: Technical ProcessinK Volunteer DESCRIPTION OF POSITION.' ReprocessinK binderv books SAMPLE OF ACTIVITIES: Type new spine labels and attach to books returned from bindery Type and attach new pockets to books returned from bindery Reattach book covers to books e TIME: Length of commitment: Estimated total hours: Scheduling: X Flexible WORK LOCATION: QUALIFICATIONS SOUGHT: 1. Able to type __ On-going X Limited duration One-time Established Technical Processing area 2. Able to work with little direct supervision once trained 3. e BENEFITS: 1. SUPERVISED EMILY FOWLER PUBLIC LIBRARY VOLUNTEER POSITION DESCRIPTION TITLE/POSITION: T~hn{..1 p ...... ~.o Ve!unteer DESCRIPTION OF POSITION: Book Repair SAMPLE OF ACTIVITIES: 1. Glue in text blocks that have pulled out of binding 2. Glue in pages that have pulled out of binding e TIME: Length of commitment: Estimated total hours: Scheduling: X Flexible WORK LOCATION: X On-going Limited duration One-time Established Tecnical Processing area in back of building QUALIFICATIONS SOUGHT: 1. Patience Good with hands 2. Able to work with little direct supervision once trained 3. BENEFITS: 1. Materials waitinK can be put out for patrons to use 2. SUPERVISED BY: -Brucc llcrg-61e/Erik Lucas TITLE/POSITION: EMILY FOWLER PUBLIC LIBRARY VOLUNTEER POSITION DESCRIPTION Technical Processing Volunteer DESCRIPTION OF POSITION: Filing SAMPLE OF ACTIVITIES: 1. File shelf list cards in shelf list by call number 2. e TIME: Length of commitment: X On-going Estimated total hours: Scheduling: X Flexible Established WORK LOCATION: Technical Processin~ area QUALIFICATIONS SOUGHT: 1, Patience Limited duration One-time Able to alphabetize and put numbers in order e BENEFITS: 1. SUPERVISED BY: ~J~_~.~ /~ ~Uc_~ EMILY FOWLER PUBLIC LIBRARY VOLUNTEER POSITION DESCRIPTION TITLE/POSITION: Technical ProcessinK Volunteer DESCRIPTION OF POSITION: Check deletions SAMPLE OF ACTIVITIES: 1. Check items marked for deletion a~ainst computer records 2. t TIME: Length of commitment: X On-going Estimated total hours: Scheduling: X Flexible Established WORK LOCATION: Technical Processin~ area QUALIFICATIONS SOUGHT: 1. Patience Limited duration One-time 2. Willing to work with computer terminals e BENEFITS: 1. SUPERVISED BY: \~'~f~ l~c~ EMILY FOWLER PUBLIC LIBRARY VOLUNTEER POSITION DESCRIPTION TITLE/POSITION: Technical Processin$ Volunteer DESGRIPTION OF POSITION: Paperback book processin8 SAMPLE OF AGTIVITIES: Prepare donated paperback books for circulation Enter paperback books onto computer terminal e TIME: Length of commitment: X On-going Estimated total hours: Scheduling: X Flexible Established WORK LOCATION: Technical ProcessinK area QUALIFICATIONS SOUGHT: 1. Willin8 to work with computer terminals Limited duration One-time Able to work with little direct supervision once trained BENEFITS: 1. EMILY FOWLER PUBLIC LIBRARY VOLUNTEER POSITION DESCRIPTION TITLE/POSITION: Adult Services/Reference Volunteer DESCRIPTION OF POSITION: Index DRC article headlines from microfilm copies SAMPLE OF ACTIVITIES: 1. Write index slip for each headline dealing with Denton City or County 2. e e TIME: Length of commitment: Estimated total hours: Scheduling: X Flexible WORK LOCATION: X On-going Limited duration One-time Established Adult Services area QUALIFICATIONS SOUGHT: 1. Attention to detail 2. Good eyesight 3 · Patience BENEFITS: 1. SUPERVISED BY: Linda Touraine/Reference Librarian EMILY FOWLER PUBLIC LIBRARY VOLUNTEER POSITION DESCRIPTION TITLE/POSITION: Adult Services/Reference Volunteer DESCRIPTION OF POSITION: Put DRC index slips into order SAMPLE OF ACTIVITIES: Separate slips by decade into births~ deaths~ grooms and brides Alphabetize each catesory TIME: Length of commitment: Estimated total hours: Scheduling: x Flexible WORK LOCATION: __ On-going X Limited duration One-time Established Adult Services area @UALIFICATIONS SOUGHT 1 · Patience 2. Attention to detail BENEFITS: 1. e SUPERVISED BY: Linda Touraine/Reference Librarian EMILY FOWLER PUBLIC LIBRARY VOLUNTEER POSITION DESCRIPTION TITLE/POSITION: Adult Services Volunteer DESCRIPTION OF POSITION: Video series title list preparation SAMPLE OF ACTIVITIES: 1. Compile a list of the titles in each series in the video collection 2. o TIME: Length of commitment: Estimated total hours: Scheduling: X Flexible WORK LOCATION: On-going X Limited duration Established Adult Services area One-time QUALIFICATIONS SOUGHT: 1. Attention to detail Ability to type BENEFITS: 1. SUPERVISED BY: EMILY FOWLER PUBLIC LIBRARY VOLUNTEER POSITION DESCRIPTION TITLE/POSITION: Adult Services/Reference Volunteer DESCRIPTION OF POSITION: SAMPLE OF ACTIVITIES: 1. 2. 3. Computerize microfilm holdings Assign computer item numbers to microfilm holdings Enter microfilm onto computer holdings TIME: Length of commitment: On-going Estimated total hours: Scheduling: X Flexible Established WORK LOCATION: Technical Processin~ area QUALIFICATIONS SOUGHT: 1. Attention to detail Limited duration X One-time 2. Willing to work with computer terminals e BENEFITS: 1. SUPERVISED BY: ~ ~ l~C~%~ EMILY FOWLER PUBLIC LIBRARY VOLUNTEER POSITION DESCRIPTION TITLE/POSITION: Adult Services/Reference Volunteer DESCRIPTION OF POSITION: Computerize microfiche holdinKs SAMPLE OF ACTIVITIES: 1. Assign computer item number to each volume of microfiche 2. Enter microfiche onto computer holdings TIME: Length of commitment: Estimated total hours: Scheduling: x Flexible WORK LOCATION: QUALIFICATIONS SOUGHT: 1. Attention to detail On-going Limited duration X One-time Established Technical ProcessinK area 2. Willing to work with computer terminals BENEFITS: 1. SUPERVISED BY: ~ f~'l< l~ Memorandum To: Rodney Mitchell From: Martha Edmundson, Coordinator of Youth Services Denton Public Library January 26, 2000 Youth Services Volunteer Program Information Date: Subject: The Youth Services Department utilizes three types of volunteers, as follows: 1. Teen Volunteers - For more than 10 years we have sponsored a teen volunteer program during the summer months. We have about 10 to 15 teens who work most of the summer shelving books. 2. Teen Community Service Volunteers - We have started this program recently with Teen Court and Juvenile Probation. This program runs all year. We typically have 3 -4 teens working at any time. 3. Adult Community Service Volunteers - Occasionally, we request help from the Adult Community Service Volunteers that are already working their hours in the Library Circulation Department. Last year, we reported 467 volunteer hours. These hours represent the kind of work performed by a library clerk at $8.05 per hour. Upcoming Initiatives: We are working on new guidelines for teen volunteers, especially those coming from the courts. We will also sponsor another teen volunteer program this summer. Attachments: Teen Volunteer Brochure/application form Community Service Guidelines Do You Want To Look Good... On college applications? On your resume? To potential employers? Volunteer work gets you noticed!!! Volunteer at the Library This Summer! I)I(NI'f)N PtlBLIC LIBRARY SYSTEM TI!EN VOLLJNTEER APPLICATION Name: Street Address: Phone: School: Birhdate: City: Age: Zip: Club affiliations/Hobbies/Talents: Why are you interested in becoming a summer volunteer7 Indicate your first, second and third choices of work sites: in Jr./Teen in Children's __ at the Branch Name of parent/Guardian to contact in case of emergency: Phone: Relationship: Students must have completed 7th grade to be eligible to apply. Volunteer applicants must be interviewed. During the interview, explanations will be given regarding expected conduct, dress requirements, and other information concerning performance. Duties of the first-time volunteers include shelving and shelf-reading. First-time volunteers will receive individual training. Duties of second and third year volunteers include shelving, wearing animal suits, and helping with programs. The volunteers will help tbr an eight-week period from the first week in June to the last full week in July. The number of hours worked is usually three hours a week. Applications must be returned by Ma)' 24. We will contact the volunteer to set up an interview. For more information call: Jr./Teen: 566-8:567, Childrc-n's: 566-8568. or the South Branch: 566-8251. Signature of Parent/Guardian Denton Public Library System Emily Fowler Central Library 502 Oakland 349-8567 South Branch Library 3228 Teasley Lane 349-8251 GUIDELINES FOR COMMUNITY SERVICE All community service candidates are interviewed to determine their ability to perform specific tasks and to determine whether their general attitude will be compatible to the library's needs. The library reserves the right to refuse acceptance of any person we do not believe will benefit from serving their hours at the public library. As a community service volunteer at the public library you are expected to strictly follow these guidelines as you complete your hours. Failure to follow these guidelines may result in immediate termination. Your paperwork will be sent back to the agency you are under, along with a letter stating the reason for your termination. 1. DRESS CODE: No jeans are allowed No T-shirts without collars are allowed, shirts must be tucked into your trousers. No sleeveless shirts or blouses are allowed. No barefeet or sandals, stockings or socks must be worn with shoes. No hats are allowed No shorts are allowed ~ No headphones SIGNING IN AND OUT UPON ARRIVAL AND UPON LEAVING THE LIBRARY: When you arrive come to Circulation and ask a staffperson to sign you in. Please try to arrive on the hour. If you do not, you will need to stay for at least one hour and will be given an hour from the exact time you arrive, for instance if you arrive at 6:10 p.m., you wold need to stay until 7:10 to receive credit for one full hour. B. It is preferred that you set a schedule to work and you must work a minimum of four hours each week. If you have free time and would like to work extra hours call for approval. · (940) 349-7737 for the Central Library, and speak to a member of the circulation staff. · (940) 349-8251 for the South Branch ask for Rita or Laura. The availability of extra hours will depend on the workload and the number of community service volunteers already on the schedule for that day. MISSING YOUR SCHEDULED WORK TIME: You are responsible for notifying a supervisor if you are going to miss your scheduled work time. You must notify a supervisor if you are going to miss the week entirely due to vacation or illness or other unforeseen circumstances. If you do not work at least one four hour shift per month, your paperwork will be returned to your probation officer stating the reason for dismissal. MAIN LIBRARY HOURS: MON, WED, Fill, SAT, 9-6; TUES, THURS, 9AM TO 9PM; SUN, 1-5 SOUTH BRANCH HOURS: MON, WED, 12-9; TUES, THURS, FRI, SAT, 9-6; SUN, 1-5 Community Service signature Authorized signature CSGuidlines IV.doc 10/08/99 JS Date Date Volunteer Information Department: Human Resources Contact: Davina Jones, Human Resources Generalist I Information: Human Resources works with DISD's Project Lift. The students sort/alphabetize paper for us. They work approximately 522hrs/per year and the cost savings for us is about $3,841.92. The students work about 1 hour for 4 -5 days. They sometimes come during the entire semester, and sometimes that only come every other semester. Attached is a brochure on Project Lift. B1/27/2B00 12:~§ PAGE: 03 1~l-2?-I)l)~ 15:26 CITY OF DENTON HUMAN RESOURCF-5 ID=94.(9~4.98~,~8 0~./27/21~08 ~2;3~ 9493815~49 ~ PA~ 84 Cooperative work-Study Progr '.: -uia , es .,. ,~;:~.~..:~..~. =. ..... Purpose The programs underlying philosophy is Nat the best'way for ........ theSe students to prepare for future employment is to build .................. Successful work experiences while enrolled in high school. 1. Helping' students earn a high school diplom;~ 2. Teaching student~ academic ~oncepts related to employmenL Teaching sociaJ skil v~i~h axe prerequisites to successful ...empio ,yment and cammun~ adjustment. 4. Assisting in the development of a po~tive sei:f~.oncept. 5.- Teaching functional skills students Will need to achieve maximum independence. " · ' t ;~hi~ve maximum benefit fmm. servic~s, -6. Assisting studen s . . provided by the sta~ rehabdit~tion ~gency? .d. other soc~a~ services or educational agencies attar gmc~u~uon. This program is designed to assiet students in becoming tax-paying citizens. 15:26 01./27/'2800 12-' ;95 CITY OF DENTON HUMAN REBOURCEB P.195 05 PRO,JECT L I F T (LOGICALLY IMPLEMENTING FUNCTIONAL TRAINtNG) PURPOSE: To provide students ~vith disabilities an opportunity to acquire skills that may lead to competitive employment. Project L I F T is designed to make more smooth the transition from school to the reel world. It provides clarity for a poteatially gray area. Participants =re exposed to comprehensive training in a variety of work envlr~nments. GUIDELINES: Participants of Project L I F T must satisfy the following prerequisites: ' currently receiving sl3ecial education services ' attending senior high school * completion of career exploration and pre-employment * successful Completion of a campus-based training assignment QUALIFICATIONS: Project L I F T is viewed as a successful program for students, because of the progressive steps established to ~rovide pa~clpants a firm foundation on which to build, their vocational options. The overall curriculum available .for these s.t~dent= has been desicjned to support Such a founcletiono When these p~escriptive steps are followed, =uccess is obtained for the students. All first year students enroll in both pre-employment anci career exploration, in addition to the core coumes (math, English, science and social stud[es) as well as two elective courses. A campus-13ased training assignment may be implemented the second semester of the first year. When the student begins the second year of high school, his or her first semester of that year is similar to the previous ye=r. Dudng the second semester, a campL~s-based training assignment is available. Depending on the sue=ess of this assignment, as evidenced by mastery of .objectfves end other factors, the student is then eligible for an off campus community training assignment. The off campus training begins no earlier than the second Six.weeks of the student's third year of high school. This option continues to be available for . students through graduation. Efforts to assist the student in securing paid employment are on*going. ~L-27-99 ~2:~2 RECEXVED FROM:~9~15~42 ~1-2T-00~ 15:27 CITY OF DENTON HUMAN RESOURCEB 0~./27/2000 12:35 940381504~ DENTON iNDEPENDENT $C'00I-:- DISTRICT COMMUNITY-BASED VOCATIONAL INSTRUCTIONAL PROJECT t. ! F T LOGiCaLLY IMPLEMENTING FUNCTIONAL TRAINING DISTRICT/BUSiNESS AGREEMENT This business known as agrees to provide a vocational training site for Students enrolled in Denton ISD's Project L 1 F T training program. The district agrees to provide supervision for the student trainee. Both the district and the cc,,opera, ting business are aware that this agreement is non-binding and may be termine, ted by either party at anytime. The co-operating business is not obligated to offer employment to 1he trainee at the end of his or her training session. The student trainee will not be allowed to train on any job description for more than 120 clock hou_rs. it ia understood that neither the student tr;~inee nor the student's vocational trainer .. are to be considered employees of the co-operating business. · This business also understands the student's training is a part of his or her school program and that the busine=s ca.r~rtot be held liable for accidents that may occur at the training site. BuSiness Representative's Signature Date Schoo'l' 'Rel~-~esen'~ativ~'s Signature Date 81-27-~ 12:~ R~CEIV~D FROM:94B~15849 P.8S Volunteer Information Department: Police Contact: Joanie Housewright, Police Captain Information: Attached information. POLICE RESERVE FORCE The City of Denton maintains, through Council Resolution, a Police Reserve Force. This group consists of State-certified reserve police officers who perform patrol and special event functions that relieve regular, full-time police officers of those duties. In 1999, the Reserve Force provided the following services. Hours worked = 1,271 Projected savings = (1,271)($18.25/hour) = $23,195.75 (Savings calculated using base hourly wage of one-year police officer.) The Reserve Force receives compensation for some special events they work directly from the special event sponsor. While the Department assists in the maintenance of the Reserve vehicles, the Reserve Officers provide for their own training and equipment. The latest Reserve Force Resolution and Reserve Officer Application are attached. F:~shared~depfiLGL\Our Documentz'vRcsolutions\99~Rescrvc Police Appointments.doc RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE APPOINTMENT OF THE RESERVE POLICE OFFICERS LISTED IN THE RESOLUTION .... · . WHEREAS, Section 341.012 of the Texas Local Government Code requires that the City Council approve persons appointed to the Police Reserve Force before those persons may carry a weapon or otherwise act as a peace officer; and WHEREAS, the City Council deems it to be in the best interests of the public safety and security of the citizens of Denton to authorize members of the Police Reserve Force to exercise the full authority allowed by statute; NOw THEREFORE, THE CITY CouNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. The following members of the Police Reserve Fome are hereby approved: Robert Beadle Charles Beavers Art Behrens Mark Courspn Ron Hull Mike Hupp Kevin Vice Chuck Kull Paul Leslie Byron PiechoWski Mike Quintero Ron Keaton Shawn Fuller Mitch Manning SECTION H. The members of the Police Reserve Fome approved in Section I may carry weapons only when authorized by the Chief of Police and when discharging official duties as duly constituted peace officers. SECTION IH. This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the ~ day of ,1999. JACK MILLER, MAYOR Reserve .Application PERSONAL HISTORY STATEMENT APPLICANT HOME PHONE ( BUSINESS PHONE ( WORK HOURS Revised 04-98 INSTRUCTIONS READ T~tESE INSTRUCTIONS CAREFULLY BEFORE PROCEEDING!! These instructions are provided as a guide to assist yOu in properly· completing your Personal History Statement. It is essential that the information be accurate in all respects. It will be used as the basis for a background investigation that will determine your eligibility for employment. Your Personal History Statement must be hand-printed and filled out by you' personally. DO NOT type or have anyone else fill out this form for you. Answer all questions to the best of your ability. ., 2. If a question is not applicable to you, enter N/A in the space provided. Avoid errors by reading the directimis carefully before making any entries on the form. Be sure your information is correct and in proper sequence before you begin. '5. You are resp, onsible for obtaining correct information and addresses. If you are not sure of any address, check it by personal verification. Your local library may have a directory service or copies of local telephone directories. If there is insufficient space on the form for you tO include all information required, attach extra sheets to the Personal History Statement. Be sure to reference the relevant section before you continue your answer. Attach copies of all diplomas, DD-214's, certificates and transcripts to the back of this form. An accurate and complete fornx will help eXpedite your application. On the other hand,' ANY OMISSIONS OR FALSIFICATIONS CAN RESULT IN' DISQUAIJlrlCATION OF YOUR APPLICATION! FAILURE TO COMPLETE THIS FORM WITH Al,I, INFORMATION AND BLANKS lq'Il,LED IN CAN TERMINATE YOUR APPLICATION!. APPLICANT IDENTIFICATION - Information provided in this section is for the purpose of identification and notification. Last ADDRESS: First Middle Street City State Zip Code HOME PHONE ( ). WORK PHONE( ). OTHER CONTACT NUMBER, such as pager, mobile phone, etc. ( ') DATE OF BIRTH: ' PLACE OF BIRTH: ARE YOU A U.S. CITIZEN: YES NO SOCIAL SECURITY #: DRIVER LICENSE NUMBER: STATE: TYPE: NIcKNAME(S), MAIDEN NAME OR ANY OTHER NAMES BY WHICH YOU HAVE BEEN KNOWN: TATTOOS, OR OTHER DISTINGUISHING MARKS ( List what they are and where they are located RESIDENCES - List all addresses where you have lived during the past 10 Fears, beginning with present address. List date by month and year. Attach an extra Copy of page 4 if necessary. DATES: FROM: TO: COMPLETE ADDRESS ~a~et Number 8trot Name City State Zip Apl, ~1~ N~m~ ~ N~P~ Was a l~e si~ed? Yes ~No~o was on the lease? DATES: FROM: TO: COMPLETE ADDRESS ~ Numb~ 8tr~. Name City Apt ~r~lex Nan~ Laadlo~l N~-PE# W~ a l~se si~ed? Yes No ~o was 0n the lease? ****************************************************************************** DA~S: ~OM: TO: CO~LE~ ~D~SS · u'eet Numbe* 8a-e~t Nam~ C~ty 8tare Z~ Apt ~mplax Nam~ Lan~lo~l Na,,~Ph.# Was a lease signed? Yes No Who was on the lease? DATES: FROM: TO: COMPLETE ADDRESS Stxeet Name City State Street Number ~ Apt. complex Nama l.~udlord N~ae-Pb.# # Was a lease signed? Yes No Who was on the lease? ****************************************************************************** DATES: FROM: TO: COMPLETE ADDRESS Street Number Street Name City State Z~p Apt. complex Nam~ Landlo.l Name-Ph.# ' Was a lease signed? Yes No Who was on the lease? DATES: FROM: TO: COMPLETE ADDRESS ~Numb~r Strut Namo C/ty State Z¥ ' AI~ complex Name Lamllo~l Nam~-Ph.# Was a lease signed? Yes No Who was on the lease? ****************************************************************************** 4 WORK HISTORY - Beginnine with your current or most recent lob, list all employment sinc~ the age of 16, including part-time, temporary or seasonal employment. Include all periods ofunemplovme~iL List dates by month and-year. Failure to list any jobs may terminate your application. Attach extra copies of these sheets if necessary. FROM: TO: EMPLOYER: ADDRESS: PHONE:( ) JOB TITLE: DUTIES: SUPERVISOR: REASON FOR LEAVING: WORK SCHEDULE: CO-WORKER: SALARY: Beginning: Ending: FROM: TO: ADDRESS: EMPLOYER: PHONE:( ), DUTIES: lOB TITLE: SUPERVISOR: REASON FOR LEAVING: WORK SCHEDULE: CO-WORKER: SALARY: Beginning: Ending: FROM: TO: ADDRESS: ~ EMPLOYER: PHONE:( ). DUTIES: JOB TITLE: SUPERVISOR: REASON FOR LEAVING: WORK SCHEDULE: CO-WORKER: SALARY: Beginning: FROM: TO: ADDRESS: EMPLOYER: · PHONE:( ). DUTIES: JOB TITLE: SUPERVISOR: REASON FOR LEAVING: WORK SCHEDULE: FROM:. TO: ADDRESS: CO-WORKER: SALARY: Beginning: EMPLOYER: PHONE:( ) DUTIES: JOB TITLE: SUPERVISOR; . REASON F0,~[ LI~AVIN6: woRK SCI-tt DUL : CO-WORKER: FROM: TO: ADDRESS: PHONE:( ). DUTIES: SOPERVISOR: ' REASON FOR LEAVING: WORK SCHEDULE: FROM:. TO: ADDRESS: EMPLOYER: JOB TITLE: FROM: ADDRESS: PHONE:( ). DUTIES: SUPERVISOR: PHONE:( ) DUTIES: SUPERVISOR: REASON FOR LEAVING: WORK SCHEDULE: CO-WORKER: SALAKY: Beginning:. FROM: TO: ADDRESS: PHONE:( ) DUTIES: SUPERVISOR: REASON FOR LEAVING: WORK SCHEDULE: · TO: CO-WORKER: SALAKY: Beginning: EMPLOYER: JOB TITLE: REASON FOR LEAVING: WORK SCHEDULE: FROM: TO: ADDRESS: CO-WORKER: SALAKY: Beginning: Ending: PHONE:( ). DUTIES: SUPERVISOR: REASON FOR LEAVING: WORK SCHEDULE: CO-WORKER: SALARY: Beginning: Ending: FROM: TO: ADDRESS: PHONE:( ) DUTIES: SUPERVISOR:  EoASDN FOR LEAVING: RK S~CHEDULE: EMPLOYER: JOB' TITLE: EMPLOYER: JOB TITLE: CO-WORKER: SALARY: Bo~nning:. 6 EMPLOYER: JOB TITLE: EMPLOYER: JOB TITLE: SALARY: Beginning:. CO-WORKER: MILITARY RECORD Are You Registered With the Dralt Board: YES ~ If yes, list Selective Service number Have you ever served with the Armed Forces: YES If you have not been in the military, skip this section. To Date of Service: From Military Service #: Location of Discharge: Are you currently on: Active Reserve NO FEMALE · · NO National Guard DiSPOSI~TION Branch Rank at Discharge: Type of Discharge: In-Active Reserve Were you ever disciplined while in the Military? __ YES NO · (Include Court-Martial, Captain's Masts, ComPany Punishment, etc.) CHARGE AGENCY DATE If you received a discharge other than honorable, give complete details: EDUCATIONAL HISTORY HIGH SCHOOL ~TTENDED COLLEGES or CITY & UNIVERSITIES ;TATE DATES ATTENDED GRADUATED CITY & STATE FROM TO YES NO DATES TOTAL MAJOR DEGREE ATTENDED HRS /MINOR RECEIVED List other schools at~ended (academy, trade, vocational, business, etc.). Give name and address of school, dates attended, course of study, certificate and any other pertinent information. Have you ever been suspended from any high school, college, university, business, or vocational schools? YES NO If yes, explain: SPECIAL QUALIFICATIONS & SKILLS: Listany other special skills or qualifications you may possess: List any special licenses you hold such as pilot, radio operator, scuba, etc., showing license authority, original date of issue and date of expiration. If you are fluent in a foreign language, indicate in each area your degree of fluency (excellent, good, fair). LANGUAGE READING SPEAKING UNDERSTANDING WRITING ARRESTS, DETENTION AND LITIGATION Have you ever been arrested for DWI or DUID? YES NO If yes, give detail: Have you ever been detained, but not arrested, by police for any reason? __ YES __ NO Ir'yes, give details: OTHER THAN THE ABOVE, have you ever been arrested, detained by police or summoned into court? YES NO If yes, list all detentions and summons below, including traffic WalTants. OFFENSE CHARGED POLICE AGENCY ,CITY, STATE DATE DISPOSITION Have you ever been a party in a civil litigation? YES NO TRAFFIC RECORD Has your driver's license even been suspended or revoked? locations and reasons: YES NO If yes, give dates, With what company do you carry auto insurance? List ALL traffic ~ta'tions you have received, excluding parking tickets. INCLUDE CITATIONS FOR WHICH YOU HAVE TAKEN DEFENSIVE DRIVING .. MONTH/YEAR CHARGE CITY & STATE DISPOSITION .I. List any traffic accidents in which you have been involved including dates and locatiom 'city and state, and describe wlaat happened. · Have you ever held a driver's license in any other state: YES __ NO State: DL# Date: Type: State: DL# . Date: Type:__ 10 MARITAL & FAMILY INFORMATION Status: Single · Married Current, if applicable: Name of Spouse/Fiancee: Home Address: Work Address: Work Schedule: Separated Engaged Divorced Widowed__ Date of Birth Home Phone: Work Phone: If married: Date: Maiden Name: Previous marriage, if applicable: Separated Divorced Date of Marriage: 'Date of Order/Decree Ex-spouse's Name: Present Address: (list all previous spouses) Widowed Annulled City & State: Court & State Where Issued Maiden name Phone: home work Do you pay child support: YES NO List all children related to you or your spouse (natural, stepchildren, adopted and foster children): DATE SUPPORTED NAME RELATION OF BIRTH ADDRESS BY WHOM List all other dependents: NAME ADDRESs RELATI_ ON 11 List other relatives in the following order: sisters. If decease, d, .so indicate. NAME ADDRESS Father, Mother (include malden name), brothers and PHONE# RELATION AGE FINANCIAL Your monthly salary? Other monthly income - describe: "Your spouse's monthly salary? Do you own any real estate7 YES__ Location: NO Loc~ion: Do you own any bonds? YES Do you own any corporate stock?YES Do you have a bank account? YES NO Value: NO Value: NO List AIL Savings Average Balance Name and Address of Bank Value: Value: List ALL Checking Average Balance Name and Address of Bank 12 Have you ever been delinquent on payments of any loans / charge accounts? YES ~ : NO Have you ever fried for or declared bankruptcy? ' YES NO ~ Have any of your bills ever been turned over to a collection agency? YES ~ NO ~ Have you'ever had purchased goods repossessed? YES NO __ Have your wages ever been garnished? YES ~ NO __ Have you ever been delinquent on income or other tax payments? YES __ NO __ Have you ever had a cheek returned for insufficient funds? YES __ NO __ If yes to any of the above questions, please explain: Please list all of your financial liabilities (charge accounts, rent, mortgage, ear payments, etc.) Name, Address, Reason for Debt, Account Total Monthly Phone of Creditor or item Purchased Number Balance Payment PERSONAL DECLARATIONS 1) Have you eve[u~ed any illegal drag or a drug not prescribed by your physician? YES. NO 2) Have you ever furnished drags or narcotics to anyone? 3) Have you ever sold drugs or narcotics to anyone? YES NO YES NO 4) Have you ever bought drugs or narcotics? YES NO If yes to any of the above questions, explain in detail; include dates, number of ti .m, es used and types of drugs. If it became necessary to take a human life in the course of your duties as a police officer, could you? YES NO __ If no, explain. Do you have a life style that would prevent you from fully perforating the duties of a police officer, including working on weekends or on evening/night shifts7 YES __ NO If yes, explain. ·14 Have you ever m~d6 application for employment with this or any other law enforcemem or related · agency? YES. NO . If yes, list ALL agencies, dates and status of application. AGENCY DATE STATUS Are there any incidents in your life or details not mentioned herein which may influence this Department's evaluation of your application for employment as a police officer* YES ~ NO__ If yes, explain. 15 REFERENCES'~ List five persons who knOw you well enough to provide current information about you. DO NOT list relatives, fort,er employers, supe~isors or anyone listed previously in this statement. Include people that see you regularly in social' settings, not friends of your parents. NAME ADDRESS HOME PHONE( ). BUSINESS NAME BUSINESS ADDRESS HOURS OF WORK NAME ADDRESS BUSINESS NAME BUSINESS ADDRESS HOURS OF WORK WORK PHONE (~). NAME ADDRESS BUSINESS NAME BUSINESS ADDRESS HOURS OF WORK HOME PHONE( ) WORK PHONE ( ) HOME PHONE( ) WORK PHONE ( ). NAME ADDRESS BUSINESS NAME BUSINESS ADDRESS HOURS OF WORK HOME PHONE( ). WORK PHONE (~) NAME ADDRESS HOME PHONE( ) BUSINESS NAME BUSINESS ADDRESS HOURS OF WORK WORK PHONE ( ) 16 List neighbors that live on both sides of your current residence and previous or pem~anent residence. If you don't know your neighbors,.meet them. Ifa house or apartment is empty, make a.notation. This section must be complete. ' NAME ADDRESS HOME PHONE( ) BUSINESS NAME BUSINESS ADDRESS HOURS OF WORK WORK PHONE ( ') NAME ADDRESS HOME PHONE( ) BUSINESS NAME BUSINESS ADDRESS HOURS OF WORK NAME ADDRESS WORK PHONE ( ) . HOME PHONE( ). BUSINESS NAME BUSINESS ADDRESS HOURS OF WORK WORK PHONE ( ). NAME ADDRESS HOME PHONE( ) BUSINESS NAME BUSINESS ADDRESS HOURS OF WORK WORK PHONE ( ) NAME ADDRESS HOME PHONE( BUSINESS NAME BUSINESS ADDRESS HOURS OF WORK WORK PHONE 17 In your own words: explain why you want to work for the Denton Police Department. (minimum :100 words) AGREEMENT I hereby certify that there are no misrepresentations, omissions or falsifications in the foregoing statements and answers. I am fully aware that any such misrepresentations, omissions or falsifications can be grounds for immediate rejection or termination of employment. SIGNATURE OF APPLICANT DATE Release for Credit Report Procurement Date: I, .. do hereby authorize the Personnel and Training Section of the City of Denton Police Department to receive my credit reports from Experian (formerly TRW) for the purpose of employment insight. Applicant's Printed Name Applicant's Signature Social Security # Note to applicant: A copy of your credit report is an essential part of the background investigation to determine financial responsibility. Failure to sign this release is cause for disqualification from the hiring process. If you have any questions regarding this document, please contact the Personnel and Training Section of the Denton Police Department. DENTON POLICE DEPARTMENT AUTHORIZATION FOR RELEASE OF PERSONAL INFORMATION I, do hereby authorize a review of and full disclosure of all records concerning myself to any duly authorized agent of the City of Denton Police Department, whether the said records are of a public, private, or confidential nature. The intent of this authorization is to give my Consent for full and complete disclosure of.' the records of educational institutions; financial or credit institutions, including records of loans, the records of commercial or retail credit agencies (including credit reports and/or ratings); and other financial statements and records wherever filed; employment and pre-employntent records, including background reports, efficiency ratings, complaints, grievances, and disciplinary actions filed by or against me and the records and recollections of attorneys at law, or of other counsel, whether representing me or another person in any case, either criminal or civil, in which I presently have, or have had an interest. I understand that any information obtained by a personal history background investigation, which is developed directly, or indirectly, in whole or in part, upon this release authorization will be considered in determining my suitability for employment by the City of Denton Police Department. , I also certify that any person(s) and governmental entit(y)(ies) who may furnish such information concerning me shall not be held accountable for giving this information; and I hereby release, indemnify, and hold harnfless said person(s) and governmental ent~t(y)0es) from any and ail liability which may be incurred as a result of furnishing such information. I also release and hold harmless the City of Denton from any claim or demand related to the City of Denton obtaining and/or considering any such information. I also authorize the release of my name and full disclosure of all records concerning myself to verify past and future applications with other law enforcement agencies. A photOcopy of this release form will be valid as an original thereof, even though said photocopy does not contain an original writing of my signature. Applicant's Printed Name (Include maiden .omo) Witness Date Signature (including maiden name) Social Security it: Phone: Address: 2O Pre-Offer VOLUNTEERS IN POLICING With the implementation of the Department's Strategic Plan in 1995, the Department began its formal Volunteers in Policing Program. This program formalized the process by which citizens and interns made application to volunteer and the way in which they were utilized. The two primary areas of use are in the Records Section and interns from the local universities. RECORDS SECTION The Records Section has enjoyed the services of two RSVP volunteers for several years. These volunteers provide services to the public, make copies, file reports, and perform a myriad of other tasks that help free the regular, full-time Records Technicians to perform more technical data entry. Hours worked = 578.75($10.09/hour) = $5,839.59 Projected savings = (578.75)($10.09/hour) = $5,839.59 (Savings calculated at base hourly rate of entry-level Records Technician, not including benefits.) INTERNS In the past, the Department has routinely provided internship opportunities for criminal justice majors from both UNT and TWU. In 1999, the Department provided practicum opportunities for three TWU students majoring in Social Work and Family Science. These interns worked with our Family Services Coordinator to gain counseling and intervention experience. Hours worked = 400 Projected Savings = (400)($15.88) = $6,352 (Projected savings calculated at the base hourly wage of an entry-level Family Services Coordinater. This estimate should probably be considered high since the interns must be supervised.) FUTURE PLANS The Department is implementing a Child Identification program and will use volunteers to assist in its administration. This program requires that a digital photograph of the child be taken and then inserted into a document in Microsoft Word that will include the child's name and other identifying information. The document is then saved on a disk and the disk is given to parents. If the child is missing, the parents can give the disk to the responding police officer who can then use it to distribute the information to other law enforcement agencies and the media. Since there will be no charge for the service, volunteers will play an integral role in reducing costs associated with this program. VOLUNTEERS IN POLICING INFORMATION PACKET AND HANDBOOK, PRACTICUM CURICULUM, AND CHILD ID TEMPLATE ATTACHED. Volunteers In Policing Information Packet Denton Police Department Application' Process o 10. 11. Potential volunteer contacts Volunteer Coordinator (usually by telephone) to ask about program. A discussion is held to determine if (a) volunteer may have something to offer and (b) police department has an opening for which volunteer may be suited. If it appears there may be an appropriate opening, an application is sent, along with a disqualifier sheet. Volunteer completes application, signs disqualifier sheet, and returns them to Volunteer Coordinator. A criminal history is completed by the Records Department and references are checked by the Volunteer Coordinator. If everything checks out fine, a screening interview is scheduled with the potential volunteer. At that time, the volunteer is also finger printed and his/her picture is taken for a future I.D. The interview should result in determining (a) volunteer is better suited for another agency and a referral is made or (b) volunteer is suited for the department, the potential work area is identified, a job description is given to the candidate, and an interview is scheduled with the appropriate supervisor. The volunteer is interviewed by the potential supervisor. The supervisor (a) finds the candidate unsuitable and the Volunteer Coordinator meets with the candidate to discuss other possibilities or (b) finds the candidate suitable. If the candidate agrees, she/he signs a work agreement, orientation is conducted, and the volunteer is given the handbook. If training (other than on-the-job) is required, it is scheduled. An approval form, with the volunteer application attached, is dated and signed by the Volunteer Coordinator and sent to the Support Services Commander for signature. The volunteer is added to the mailing list, put on the birthday calendar, and given a picture I.D. and parking permit. The Chief sends the volunteer a welcome letter and the volunteer is now a Volunteer in Policing. AAA0318D - 1 - Recruitment Recruiting is done primarily by word of mouth and referrals from the RSVP and the City Volunteer Coordinator. In addition, PSA's are occasionally sent to print and electronic media. We also get feature stories about the V.I.P. program in the newspapers periodically. The Citizens' Police Academy is another source of volunteers. Positions Each volunteer receives a written job description. A summary of available positions is included in this packet. Forms Several of the forms used are included and should be self-explanatory. Records Record keeping is computerized. The software was designed by a city computer programmer. Handbook Pertinent information from the volunteer handbook is included with this packet. We also provide supervisors with a handbook with similar information. AAA0318D - 2 - VolUnteers In Policing Denton Police Department Volunteer Positions ALARM COORDINATOR ASSISTANT: Volunteer will provide Alarm Coordinator with clerical assistance in ,implementing the new alarm ordinance. COPS OFFICE ASSISTANT: Volunteers will assist Beat Police Officers in working on community projects, COPS projects, and school-based prevention programs, as well as provide clerical assistance. CRIMI*~ ANALYSIS INTERN: Volunteer will assist Crime Analyst with various statistical reviews/reports. FINGERPRINT TECHNICIAN: Volunteer will do the non-criminal fingerprinting for the department. WARRANT DETAIL ADMINISTRATIVE ASSISTANT: Volunteer will process and organize incoming and outgoing criminal warrants. INTERNS: Various internships are available each semester, depending on need. DUTY OFFICER: Volunteer will assist and direct citizens in the front lobby who desire police services. NEWSLETTER EDITOR (NW): Volunteer will assist east/west side in publishing a newsletter for community oriented policing services. PAWN DETAIL ASSISTANT: Volunteer will maintain pawn file and assist investigative assistant with mall and files. RECORDS ASSISTANT: Volunteer will do filing, prepping and microfilming records, processing mail, posting dispositions, data entry and other records functions. INVESTIGATIONS ASSISTANT: Volunteer will assist C.I.D. in various areas as needed such as forgery. SPECIAl. PROJECT ASSISTANT: Volunteer will assist the east/west side lieutenants with special projects, such as National Night Out, and other COPS projects. AA. A0318D Volunteers In Policing Denton Police Department COMMUNITY OFFICE RECEPTIONIST: Volunteer will answer phones, greet visitors, and take messages at community offices. TOUR GUIDES: Volunteer will conduct tours of the Police Department on a weekly basis. VICTIM ASSISTANCE VOLUNTEER: Volunteer will provide support to victims of crime (usually at the scene) upon request of investigating officer; could assist them during trials. AAA0318D 'Volunteers In Policing Denton Police Department Volunteer Request Form Today's Date Division ' Requesting Supervisor Job Title Purpose of Job Description of Duties Qualifications Required Training Required Time Commitment (Hours, days, short term, long term, etc.) Other Comments/Notes Signature of Division Commander AAA0318D Page 1 of 2 Volunteers In Policing Denton Police Department Name: Volunteer Application Address: Last First Middle Number Street City Zip Date of Birth: Soo. Sec. No. Married: [] Yes [] No (Optional) Texas Driver's License No. and Expiration Date: Is this license currently Valid: [] Yes [] No Do you have transportation: Home Phone No.: Work Phone No. Please list and explain any other names you have used: . List any languages, other than English, which you speak fluently: List any special skills, training, interests or hobbies that you have that may be useful to the Police Department: Educational background: High School Diploma/GED: [] Yes [] No Name of College. Dates attended Degree received Volunteer experience: Days available for volunteer work (circle): Su M Preferred hourS per day: to Tu W Th F Sa Work experience (most recent first): 1. 2. 3. Page 2 of 2 AAA031 gD Volunteers In Policing Denton Police Department I heard about the V.I.P. program through: Have you ever used or tried any narcotic drugs (includes marijuana) without a doctor's prescription7 I-lYes [--] No Have you ever committed a felony or misdemeanor? [] Yes [] No Have you ever been arrested and/or convicted of a felony or misdemeanor? [] Yes [] No Is there anything in your past which might disqualify you from functioning as a volunteer for the Denton Police Department? [] Yes [] No If yes, describe briefly: List two personal references other than family: In ease of an emergency, please contact: Name Relationship to Volunteer Phone Do you have medical insurance? [] Yes [] No Name company: Policy No. As a volunteer for a position with the Denton Police Department, I am willing to furnish information for use in determining my qualifications. In this connection, I authorize release of any and all information that you may have concerning me, including information of a confidential or privileged nature. I hereby release you, your organization, or others from liability or damage which may result from furnishing the information requested. I understand that for security reasons a basic clearance check will be conducted and I will be finger printed. Further background information will be requested only if a specific volunteer assignment calls for a full security check. I understand that falsifying statements on this application or during the interview process is cause for my immediate dismissal from the volunteer program. Signature: Date: AAA031 gD Volunteers In Policing Denton Police Department Automatic Disqualifiers The City of Denton Police Department will automatically disqualify any individual who has at any time: 1. Been convicted of a felony or any offense that would be a felony if committed in Texas. 2. Used ("tried") marijuana in the past six months or used marijuana other than for experimentation. 3. Sold marijuana. 4. Used ("tried") any dangerous drugs or narcotics including cocaine, crack, heroin, LSD, etc. 5. Sold narcotics or dangerous drugs. 6. Been dishonorably discharged from the United States armed forces. 7. Had a pattern of abusing prescription medication. 8. Had excessive traffic violations within the past three years. 9. Been previously employed as a law enforcement agent and since has committed or violated federal, state or city laws pertaining to criminal activity. 10. Lied during any state of the hiring process. 11. Falsified his or her questionnaire or application. Discretionary Disqualifiers The following disqualifiers may, upon review by the Denton Police Department, make you ineligible for Volunteers In Policing: 1. A physical or mental disability that would substantially impair an individual's ability to perform his/her duties. 2. Alcohol mis-use and/or abuse. 3. Unlawful sexual conduct. 4. Excessive traffic violations. 5. Commission of a felony. 6. Any discharge from the U.S. armed forces other than an honorable discharge. 7. Debts - a demonstrated unwillingness to honor fiscal contracts or just debts. 8. Any other conduct or pattern of conduct that would tend to disrupt, diminish, or otherwise jeopardize public trust in the law enforcement profession. I have read and understand the above disqualifiers. Applicant's signature Date AAA0318D Volunteers In Policing Denton Police Department Work Agreement Form agrees to give. hours every, as a (job descrlption) I understand that I will be considered a staff member, and will be expected to assume the responsibilities as listed in my job description. I also understand that I will: 1. Be punctual and reliable. 2. Notify my supervisor as soon as possible if delayed or unable to keep my schedule. 3. Keep all client data confidential. (Names and addresses of victims and/or persons investigated are not to be discussed outside the police department. To do so is a felony and would constitute reason for prosecution and dismissal from the program.) 4. Ask the staff when I have any questions. 5. Make suggestions. 6. Take no enforcement action, but will call a sworn officer. In return, the Denton Police Department agrees to: 1. Provide volunteer with an orientation course as well as adequate job training. 2. Provide adequate space, working conditions and privileges given to the paid staff. 3. Review volunteer performance on a regular basis, keep account of volunteer hours, and provide a letter of recommendation when requested. Volunteer's Signature: V.I.P. Coordinator: Date: Date: AAA031gD Volunteers In Policing Denton Police Department Evaluation of Volunteer Volunteer's Name: Volunteer's Position: Date: Evaluated by: EVALUATION SCALE: Evaluation Period: I 2 3 4 Unsatisfactory Satisfactory Very Good Excellent Superior Reports for assignments/meetings as scheduled In unable to report, calls supervisor promptly Arrives promptly for scheduled assignments/meetings Relates well to staff, citizens, and other volunteers Displays courtesy, tact, and patience Understands objectives and assignments Performs assignments effectively Attempts to learn from opportunities available Expresses opinions and disagreements in mature manner Accepts supervision in a positive fashion Respects confidentiality OVERALL PERFORMANCE (check all that apply): Superior job, exceeded expectations Excellent job, met expectations Could benefit from further training or assistance Major strengths: Developmental needs: Additional comments (use reverse side if needed): AAA031gD Volunteers In Policing Denton Police Department Program Evaluation Volunteer's Name: Date: Cheek appropriate evaluation: [] 3 Month [] Annual Please circle the answer that best fits your situation. To what extent do you understand what you are supposed to do and what your duties are? a. Poor understanding b. Fair understanding c. Clear understanding Do you find the work assigned to you interesting? a. Rarely b. Sometimes e. Often 3. Do you find the work assigned to you challenging? a. Rarely " b. Sometimes c. Often In general, how do you feel about the workload expected by your supervisor? a. I would like more work to do b. The amount of work expected is reasonable c. The amount of work expected is somewhat too great d. The amount of work expected is far too great When you need help on a difficult problem, how likely are you to get the help you need? I get: a. Very little help b. Fairly good help c. All the help I need When you are given new duties and responsibilities how well are they explained? a. Well explained b. Adequately explained e. Partially explained d. Not satisfactory explained Are you encouraged to offer ideas and suggestions for new and better ways of doing things? a. Rarely b. Sometimes e. Often Page 1 of 2 AAA0318D Volunteers In Policing Denton Police Department 10. How do you feel about the staff-volunteer interaction in the police department? a. Excellent b. Good c. Fair d. Poor Do you feel that your services were valued? a. Services were taken for granted b. Received little feedback on services e. Received satisfactory feedback on services d. Services were adequately valued Would you like more or less responsibilities? a. More responsibilities b. Less responsibilities c. Same 11. What did you like most about your assignment? Least? 12. Please list any existing or non-existing projects you have noticed or thought about that you would like to work on 13. How could the V.I.P. Coordinator or your supervisor better assist you (or other volunteers) in performing more effectively? 14. Please tell us if there is any way that we can improve the V.I.P. program. (Use another sheet of paper if necessary.) Thank you for you evaluation and your participation in the V.I.P. program. AAA031gD Page 2 of 2 Volunteers In Policing Volunteer Handbook Denton Police Department CITY OF DENTON, TEXAS DEPARTMENT OF POLICE Dear Volunteer, Welcome to the Denton Police Department's Volunteers in Policing program. As a volunteer, you provide a service to our city that is invaluable. It is gratifying to know that we can count on your expertise and assistance in meeting the needs of the public. We are pleased you chose to become an active member Of this exciting and rewarding program. Again, welcome to the program. You are a very important person--you are a V.I.P.! Sincerely, Mike Jez Chief of Police wp AAA03172 601 E. HICKORY STREET SUITE E DUTY OFFICER (817) 566-8181 DENTON, TEXAS 76205 FAX (817) 383-7966 The Mission The mission of the Denton Police Department is to positively impact the quality of life throughout the community. To achieve these ends, the department is committed to forming practical partnerships with the citizenry, which includes a mutual goal setting process aimed at resolving problems, reducing fear, preserving the peace, and enforcing the law, thereby providing a safe environment for all citizens. The Vision The Denton Police Department's goal is to provide a system of delivering police services to neighborhoods based on three basic elements: · Consultation · Adaptation · Mobilization This system of service is termed Community Oriented Policing Services (C.O.P.S.). This system is one where every member of the department takes personal pride and ownership in the mission of the department. Members of the department should collectively internalize and rationalize the mission statement. We see an organization that projects a positive attitude. We strive to achieve a reputation as a progressive and innovative organization. We want our C.O.P.S. to be a model for any other organizations that wish to adopt its philosophies and strategies. C.O.P.S. must structure service delivery in a way that reinforces the strengths of the city's neighborhoods. C.O.P.S. involves the community in ail policing activities that directly impact the quality of community life. In order to accomplish this, we must develop a positive relationship between citizens and police that promotes ownership of neighborhoods. In our C.O.P.S., line officers are the link between citizens and the management of the organization. Line officers create opportunities and situations to talk to average law abiding citizens who are neither victims, nor perpetrators. Through these activities, line officers collect information about what the citizens want in the way of police service in their respective neighborhoods. We must integrate all line officers into the consultation process because they routinely communicate with citizens regardless of their division assignment. -1- AAA0317Z In days of shrinking budgets and financial crisis, we must manage resources in a careful and effective manner. As a progressive organization, we seek employee input into matters which impact job satisfaction and effectiveness. Above all other things we are an organization committed to preserving and advancing constitutional values and rights of individuals. We shall endeavor to maintain the highest levels of integrity and professionalism in all actions. Introduction As a V.I.P. member, you will soon realize the many responsibilities which accompany working in a police agency. Sworn personnel, civilian staff members and police volunteers all must work together to uphold the high standards of the police profession. By doing so, our Department will continue to maintain its reputation of competence, credibility, and trust among the community. As a volunteer within the Department, you will have the opportunity to contribute to the overall quality of service to the community. It is important that you be aware of the image of the Department you are creating when you are in contact with the public. The citizens have a right to expect only the best from their police force. As a Police Department representative, you are asked to make a commitment to providing your best service to the Department and to the community. Read through the following pages to become better acquainted with the Denton Police Department's V.I.P. program. This informative guide explains program rules, volunteers' rights, tax information, etc. and will serve as reference for you during the time you are a V.I.P. History Volunteers have been active in the Denton Police Department for many years. However, volunteers were small in number, job positions were limited, and there wasn't an organized volunteer program. In 1994, it was decided that a volunteer program should be organized to more effectively involve volunteers within the Police Department. Volunteers In Policing has become affectionately known as the V.I.P. program. The Denton Police Department conducted intensive research on existing volunteer programs before developing the V.I.P. program. Several local volunteer agencies, and police departments in other states were contacted. Information garnered from these AAA03172 2 agencies, various reference materials, and an in-house committee were utilized to plan and implement the current V.I.P. program. Volunteers are an important asset to the Denton Police Department. Mission Statement The mission of Volunteers in Policing is to enhance and expand the services that Denton Police Department provides to the citizens of Denton. Volunteers in Policing Coordinator The Coordinator of the V.I.P. program is responsible for recruiting, screening, and providing orientation to volunteers and serves as your contact within the Police Department's V.I.P. program. If any problems, questions, or concerns arise involving your position or anything other than your actual job duties, please feel free to see the coordinator at anytime. You should also feel free to see the coordinator to receive information on upcoming volunteer activities or just to visit. The coordinator can be contacted by calling 383-7996 from outside phones or by dialing 7996 from city phOnes. V.I.P.'s are first responsible to their immediate supervisor. This person is usually a supervisor in the division to which you have been assigned and will be available to you anytime you are on duty. Your supervisor is also responsible for your training and evaluation. If you have any questions concerning your job duties or schedule, you should see your supervisor. After you have been in your job position for three months, the supervisor will schedule an evaluation conference to ensure you have been placed properly and your needs are being met. Following the three-month conference, additional conferences will be scheduled on a regular basis or by your request. If there is a problem with your placement, do not wait for a scheduled conference, but see your supervisor first. If the problem is not resolved, see the coordinator. Your V.I.P. experience should be a success for both you and the Police Department. Please remember, the V.I.P. Coordinator appreciates your suggestions and your assistance to the Police Department. You are welcome to stop in the office anytime to get to know the coordinator as well as other volunteers, and share your ideas and suggestions. *' AAA031T2 - 3 - Denton Police Department Mission Statement The mission of the Denton Police Department is to positively impact the quality of life throughout the community. To achieve these ends, the department is committed to forming practical partnerships with the citizenry, which includes a mutual goal setting process aimed at resolving problems, reducing fear, preserving the peace, and enforcing the law; thereby providing a safe environment for all citizens. Rights of Volunteers Volunteers are a valuable resource to Police Department staff members and deserve to be recognized. All volunteers have the right to be: 1. Assigned to tasks which are suitable to their experience, education, and preference; 2. Trained properly for assumption of responsibilities, and provided with continuous education aimed at improving skills; 3. Involved by making suggestions and assisting in planning; 4. Treated with respect; 5. Treated to a positive, pleasant experience within the Denton Police Department. Safety Regulations DO NOT, under any circumstances take any enforcement action: SWORN OFFICER! NO form of weapon will EVER be carried or employed. NEVER enter a hazardous situation: CALL A SWORN OFFICER! CALL A A,~A.03172 - 4 - Volunteer Identification You will be issued an identification badge by a V.I.P. Coordinator. All volunteers are required to display their V.I.P. identification badge while on duty or in a Department facility. If you should forget your badge at home, you will need to pick up a visitor badge at the front desk when reporting to work. The V.I.P. badge is not to be used for general identification purposes, such as check cashing privileges, or to gain favorable treatment or gratuities. Any violation of this provision, or any misuse of the V.I.P. badge will be grounds for dismissal from the V.I.P. program. Time Sheets You will be asked by your immediate supervisor to fill out a time sheet. Your supervisor will then send this on to a V.I.P. coordinator on a monthly basis. Confidentiality "Any person who releases or procures the release of information held by the criminal identification section...is guilty of a misdemeanor." --Texas Department of Public Safety Criminal Identification Section Administrative rules and regulations. The release of criminal information to the public might also be considered a FELONY! The citizens of Denton have a right to privacy. Any and all information pertaining to police records, or other clearance level material is to be kept strictly confidential. Anyone in violation of this provision will not only be terminated as a V.I.P., but will also be prosecuted. Parking Volunteers should park in the employee parking lot adjacent to the police building. A parking permit will be issued by a V.I.P. Coordinator. This permit should be displayed in your vehicle. AAA03172 General Rules and Regulations 1. Volunteers will keep to their assigned schedule unless previous arrangements have been made with immediate supervisors, or in case of illness. 2. Volunteers will attend orientation and training sessions as scheduled, and will undertake continuing education when provided by the Department. 3. Volunteers will respect the function of the Department's paid staff and contribute fully to maintaining a smooth working relationship between paid staff and volunteers. 4. Volunteers will carry out assignments in good spirit and will seek the assistance of a V.I.P. Coordinator or immediate supervisor when necessary. 5. Volunteers will consult with their supervisor before assuming any new responsibilities affecting the Department. 6. Volunteers will respect and accept the Department's right to dismiss any volunteer for such reasons as poor performance, poor attendance, unwillingness to accept direction, etc. 7. Volunteers will notify the V.I.P. Coordinator in writing at least two weeks in advance of resignation or to request a leave of absence surpassing one month. 8. Volunteers will exercise caution when acting on the Department's behalf. 9. Volunteers may take one fifteen minute coffee break per four hour shift. Breaks should be scheduled with your immediate supervisor. 10. Volunteers will not report for duty or be on duty while under the influence of alcohol or drugs. The odor of an alcoholic beverage shall be considered presumptive evidence. 11. Volunteers will need to discuss rescheduling arrangements with their supervisor when taking medication which may cause drowsiness or which in any way hamper the normal work assignment. AAA03172 - 6 - Transfer Request If you are placed into a position where you are not comfortable or have other problems serving in your assigned job position, you should see the V.I.P. Coordinator immediately. If there is a conflict with your job duties, immediate supervisor, co-workers, schedule, or the job position itself, transfer is justified. We encourage that any problems be resolved, and the V.I.P. program will take measures to do so. However, if problems cannot be resolved, a transfer will be approved. If you wish to transfer from your job position due to boredom or simply to try something new, please feel free to do so. The V.I.P. program encourages its members to learn as much about the Police Department as possible by working in different areas. The only stipulation in transferring for this reason is that you remain in each assigned position for a minimum of three months. This restriction is due to the time it takes for immediate supervisors to train each volunteer. Also, be sure to check the "Time Commitment" on a job description prior to accepting the position; some jobs require as much as a one year commitment due to extensive training, or the need for year-round occupation of the position. Self initiated transfers should follow this procedure: 1. Obtain a copy of the "Transfer Request Form." 2. Return the form to the V.I.P. Coordinator, who will notify your present supervisor of the transfer (feel free to notify them yourself). 3. You will be interviewed by the V.I.P. Coordinator. 4. You will then be interviewed by your supervisor. 5. If all is successful, you and your new supervisor will agree on a schedule. 6. The job transfer will be effective immediately. 7. You will have an interview with your supervisor three months after your placement, then the regular V.I.P. evaluation schedule will be resumed. The V.I.P. program wants you to have a positive experience in every job position you assume at the Denton Police Department. Awards and Recognition V.I.P. members are important to the Denton Police Department and the City of Denton. Consequently, you will be invited to the city volunteer recognition events. Recognition will be given for special service and hours of service at these events and throughout the year. AAA031?2 - 7 - Evaluations You immediate supervisor will be asked to complete a "Volunteer Evaluation Form" prior to each conference between you and your supervisor. The purpose of this evaluation is to ensure your proper placement within the Department, provide a record of your volunteer service to be used for awards or recommendations letters, and to discuss your strengths and weaknesses concerning your job position. As a member of the V.I.P. program, we would like you to provide feedback on the program and its functions. You will be asked to complete a "Program Evaluation" form at each conference. This form will be sent to the V.I.P. Coordinator. The purpose of the form is to solicit your input to help us improve the V.I.P. program. Upon your leaving the V.I.P. program for whatever reason, you will be asked to complete a "Confidential Exit Report." Feel free to answer this form honestly as your comments will assist us in improving the V.I.P. program. We appreciate your participation in the evaluation process. If you have any concerns relating to any part of this process, please see the V.I.P. Coordinator. ,Reasons for Immediate Dismissal 1. Falsifying statements on V.I.P. application or during the interview process. 2. Misusing your V.I.P. identification badge. 3. Reporting for work while under the influence of alcohol or drugs. 4. Releasing secured information to the public. Violation of this provision will result in prosecution! 5. Committing a misdemeanor or felony at anytime during V.I.P. tenure. AAA03172 - 8 - DENTON POLICE DEPARTMENT FAMILY SERVICES UNIT PRACTICUM STUDENT'S IN-HOUSE POLICIES AND PROCEDURES All practicum students will abide by the Denton Police Department Internship contract and the in-house policies of the Denton Police Department. Each student will have access to a copy of the Policies and Procedures Manual and will be held responsible for the information contained therein. Each student must sign and return a practicum student/agency contract form. INSURANCE All students wanting to complete a practicum at the Denton Police Department must have their own malpractice insurance coverage. They must register this information, including a copy of their current paid receipt or canceled for insurance at the beginning of their placement prior to the assignment of any cases. SUPERVISION Students will have one hour of individual supervision each week and are expected to supply their supervisor with comprehensive case activity of their work for these sessions. Contingent upon interns schedules and the number of interns available each semester, there may be a weekly group Supervision time scheduled, PERSONAL PROBLEMS It is the responsibility of students to inform the Family Services Coordinator of any difficulty which might interfere with their ability to work effectively within the department. This includes personable problems as well as problems with department policy. CONFIDENTIALITY All students will respect their clients~ rights and abide by the law and the ethics of the Social Work profession in regard to client confidentiality. Information concerning clients cannot be communicated unless a release of information form has been signed. All information used for practicum class presentations must be disguised. All requests for release of information will be used strictly for . therapeutic reasons and will be used in a professional manner. Policies and Procedures Page 2 ETHICS All students participating in a field placement with the Denton Police Department's Family Services Unit will abide by the NASW Code of Ethics. Students may not refer clients to their own private therapist nor refer them to another private practice without the permission of the Family Services Coordinator. Students may not hand out their private practice or personal business cards or brochures to any client for any reason. Any communication the client wishes to make with the student intern must be approved by the Family Services Coordinator. APPEARANCE All practicum students are expected to maintain a professional appearance as detailed in the General Orders Manual. Jeans, athletic shoes, and sweat suits are not acceptable attire. FAILURE TO COMPLY WITH THESE .POLICIES WILL BE GROUNDS FOR IMMEDIATE TERMINATION OF THE STUDENTS PRACTICUM STATUS. CLIENT FILES/CLIENT INFORMATION NO client file, offense report, or any type of information may be removed from the agency for any reason without the approval of the Family Services Coordinator. This includes copies of any offense or arrest report. No information regarding any client may be shared with anyone outside the Denton Police Department for any reason without the permission of the Family Services Coordinator. The only exception to this sharing of information policy is the University practicum supervision classroom. ACQUISITION OF FILES It is the student's responsibility to ensure that all files and logs are returned to their original location and that all information the student documehts with them is accurate. Policies and Procedures Page 3 MESSAGES Students must provide the Denton Police Department Family Services Unit with telephone numbers where emergency messages may be relayed. It is not advisable for students to give clients their home or work telephone number. CRISIS ALERT Students must inform the Family Services Coordinator concerning the following client problems: suicidal ideation, homicidal ideation, drug or alcohol abuse, child abuse, psychosis, or severe depression. SITE VISITS In the event of a planned site visit by the student's university Field Placement Instructor, the Family Services Coordinator at the Denton Police Department should be notified in advance. DENTON POLICE DEPARTMENT FAMILY SERVICES PRACTICUM REQUIREMENTS Practicum students are expected to remain at'the Denton Police Deportment as directed by their university Field Placement Instructor. No more than one consecutive week per semester should be planned for time off. All requests for time off need to be submitted in writing to the Family Services Coordinator at least two weeks in advance. PRACTICUM STUDENT/AGENCY POLICY I, the undersigned, have read and understand the above outlined Practicum Student's In-House Policies and Procedures. I agree to abide by the Denton Police Department Internship contract and the General Orders Policies of the Denton Police Department. Student Intern's Signature · Date Student Intern Supervisor Signature Date Child ID Templet Insert Picture Here Full Name: Address: Parent's Names: Address if different: Date of Birth: Height: Weight: Nickname: City/State: Phone: Age~ Race: White Sex:Male Eye Color:Brown Hair Color: Red Glasses:No Style: N/A Teeth:Normal Build: Large Hand Use:Right Identifying Marks/Scars: Medical Condition: School Attended: Length: Short Speech:Normal Grade Kindergarten CITIZEN'S POLICE ACADEMY ALUMNI ASSOCIATION The Police Department presents the Citizen's Police Academy (CPA) twice each year. Graduates of the CPA are encouraged to join the CPA Alumni Association, a group that provides donations of both time and money for the benefit of the Police Department. Specific volunteer activities by CPA Alumni include: Heat Registration = approximately 128 hours/year CPA registration and ID's = approximately 36 hours/year Babysitting Program -- unknown hours (CPA Alumni respond to the Police Department to sit with children whose parents have either been an'ested or have not been located. This service allows the officers to return to the street rather than waiting with the child until someone can take custody.) Duty Desk = unknown hours (CPA Alumni have routinely worked at the duty desk in the Police Lobby to provide additional personnel. They greet citizens who walk in, answer the non-emergency line and enter calls for service into the computer- dispatch system.) Practical Training Exercises = unknown hours (CPA Alumni have routinely volunteered to portray subjects in practical training exercises during the field training of police officers and the Department's bicycle certification course.) Projected Savings = unknown VOLUNTEER DISABLED PARKING ENFORCMENT PROGRAM State law provides for the authorization of civilians to enforce handicapped parking regulations. In 1999, the City Council passed an ordinance authorizing the Chief of Police to authorize citizens for the purpose of handicapped parking enforcement. Eleven volunteers successfully completed the required four hour classroom training, took an oath of office, and participated in several hours of field training with the Department's Civilian Parking Enforcement Officer. The results to date are as follows: Hours worked = 112 Citations issued = 88 Citations Paid = 18 ~ $250 = $1,840 Citations dismissed for proof of disability = 48 Citations outstanding = 22 Projected savings = (112 hours) (8.05/hr) = $901.60 Volunteers use their own vehicles and gasoline. Projected savings is based solely on the base hourly wage of an entry-level Civilian Parking Officer and does not include savings associated with vehicles, equipment or other supplies. Volunteer application, oath of office, indemnity form, training curriculum and related newspaper articles are attached. Future Plans: The Department is accepting applications for the second training class to be held this Spring in order to expand the volunteer base and, therefore, increase patrol and enforcement action. Citizen Volunteer Disabled Parking Enforcement The Mission of the Denton Police Department is to positively impact the quality of life throughout the community. To achieve these ends, the department is committed to forming practical partnerships with the citizenry, which includes a mutual goal setting process aimed at resolving problems, reducing fear, preserving the peace, and enforcing the law; thereby, providing a safe environment for all citizens. The Volunteer Disabled Parking Program is consistent with this mission. This program provides an excellent opportunity for citizens to take an active role in addressing identified community problems, specifically the violation of disabled parking laws. The use of parking spaces designed and designated for disabled individuals by those not authorized hinders access to facilities and businesses for those who are disabled and, therefore, adversely impacts the quality of life for those individuals. Both State law and the City of Denton Code of Ordinances provide for the designation of disabled parking places and penalties for persons who park motor vehicles in disabled parking spaces when such vehicles do not display a special device or a disabled person identification card. However, Police Department staffing is insufficient to consistently target the enforcement of these laws and, without enforcement, the laws are not effective. On June 15, 1999, the Denton City Council passed ordinance number 99-215 authorizing the Chief of Police to appoint qualified persons to enforce the disabled parking laws in the City of Denton, and file charges for violations of the disabled parking laws. The Department is currently developing a program to implement the new city ordinance. The Department is looking at starting the volunteer parking enforcement program on October 1, 1999. Application Volunteer Requirements Citizen Application For Volunteer Disabled Parking Enforcement The following information is needed and must be considered when volunteering for Disabled Parking Enforcement Full Name: Home Address: City: Date of Birth: Driver's License #: Social Security #: Home Phone #: Present Employer: Work Phone #: ZIP: What hours would you be available to work? Mon.-Fri.: Sat.-Sun.: Will you be available to testify in court ifa violation is contested? I certify that all information contained on this application is tree and correct, there are no misrepresentations, omissions or falsifications. I further understand that the Denton Police Department will be conducting a background review that may include, but will not be limited to, any criminal history. Applicant Signature: Remm this application to: Denton Police Department, Attention: Jim Bryan 601 E. Hickory, Suite E, Denton, TX 76205 Date: Job Description Disabled-Parking Enforcement Volunteer General Description: Voluntary performance of tasks related to the enforcement of disabled-parking spaces within the City of Denton. Examples of Tasks: Issue parking citations to unauthorized vehicles parked in spaces designated for the disabled. Answer citizen questions and provide assistance concerning authorized use of parking spaces designated for the disabled. Testify in court when necessary. MINIMUM ENTRY REQUIREMENTS: Education and Experience: High School graduation or GED Knowledge and Skill: Knowledge/skill in understanding and applying disabled-parking laws. Skill in communicating effectively with individuals. Physical Requirements: Tasks involve bending, reaching, and walking. Capable of identifying and appropriately marked disabled parking space. Capable of identifying a vehicle that is eligible to park in a designated disabled-parking space. Writing correct and legible citations. Capable of placing a citation on the windshield of a vehicle in a place that it will not fall off. Capable of effectively communicating with citizens. Other Requirements: -Be at least 18 years old -Provide own transportation -Provide proof of Automobile Insurance -Provide proof of U.S. Citizenship -Available to attend and communicate in Court hearings as scheduled by Municipal Court -Sign a Release and Indemnification Agreement -Hold a valid Texas Driver's License A person must meet the following requirements to be considered for appointment: Be a United States Citizen of good moral character who has not been convicted of a felony; and (2) Attend and successfully complete a training program developed by the City of Denton Police Department. A volunteer may not be a Peace Officer and has no authority other than the authority applicable to any citizen to enforce the law and may not carry a weapon while performing duties. Volunteers may not be compensated for performing duties of disabled parking enforcement. The City of Denton or the State of Texas cannot indemnify volunteers for injury or property damage a volunteer sustains in performing duties under this appointment. Volunteers will attend a 4 hour training session before being duly authorized to participate in the Volunteer Disabled Parking program. This training will consist of I. Disabled Parking Laws. A.What is a legally marked parking space? B. What is a legally marked vehicle? C. What constitutes a violation? II. Police Department policy about parking violations III. How to write a parking citation. IV. How to testify in court. V. How to handle conflict. VI. Parking program procedures The Denton Police Department will provide volunteers a polo type shirt to be worn when performing disabled parking enforcement duties. Volunteers will be required to work a minimum of 12 hours per three month quarter. Failure to work the minimum number of hours will result in being removed from the program. A mandatory meeting for Disabled Parking Volunteers will be held once per quarter. Two (2) unexcused absences during a twelve (12) month period will result in removal from the program. OATH OF OFFICE In the name and by the authority of The State of Texas, I, , do solemnly swear or affirm, that I will faithfully execute the duties of Disabled Parking Enforcement Volunteer for the City of Denton, County of Denton, Texas, and will, to the best of my ability, preserve, protect and defend the Constitution and Laws 6fthe United States and of the State of Texas, so help me God. .. ,. This instrument was acknowledged before me on by Affiant Notary Public My commission expires: CITY OF DENTON RELEASE AND INDEMNIFICATION THE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: I am over the age of 18 years of age and, have upon my own free will, requested to be a Volunteer Disabled Parking Enforcement Officer. I fully understand the dangers of working as a volunteer parking enforcement officer and accept that I may be subjected to such dangers myself and that there is an assumption of all such risks by me entering into this release and indemnification and by participating in the Volunteer Disabled Parking Enforcement Program by the work as a volunteer disabled parking enforcement officer. I, , in consideration of being allowed to participate in the Volunteer Parking Enfomement Program by the Denton Police Department voluntarily and knowingly execute this release and indemnification with the express intention of effecting the extinguishment of any and all claims against the Denton Police Department and/or the City, its officers, employees, agents, successors, assigns, sponsors and volunteers assisting in City activities, which may result from the agreement as herein designated above. I, with the intention of binding myself, my heirs, executors, administrators, and assigns, do hereby expressly release and discharge, all claims, demands, actions, judgments, and executions which I ever had, or now have or may have, or which my heirs, executors, administrators, or assigns may have, or claim to have, against the Denton Police Department and/or the City and/or its agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, caused by or arising out of, that sequence of events which occur from the agreement as herein designated above, or which may arise directly or indirectly from the performance of or created by or arising out of my participation in the Volunteer Disabled Parking Enforcement Program or this indemnity agreement AND INCLUDING, WITHOUT LIMITATION, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN pART FROM THE NEGLIGENCE OF THE DENTON POLICE DEPARTMENT AND/ORTHE CITY, ITS EMPLOYEES, AGENTS, OFFICERS, SUCCESSORS, ASSIGNS, SPONSORS, AND VOLUNTEERS. Furthermore, I agree to indemnify and hold harmless the Denton Police Department and/or the City and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages I may suffer as a result of claims, demands, costs, or judgments against the Denton Police Department and/or the City and/or its officers, agents, servants, or employees, created by, or arising out of the agreement herein designated above and from my participation in the Volunteer Disabled Parking Enforcement Program. If the Denton Police Department and/or the City and/or its agents, officers, servants, employees, successors, assigns, sponsors, or volunteers in the enforcement of any part of this indemnity agreement, shall incur necessary expenses, or become obligated to pay attorney's fees or court costs, I agree to reimburse the Denton Police Department and/or the City and/or its agents, officers, servants, employees, successors, assigns, sponsors, or volunteers for such expenses, attorney's fees, or court costs within thirty days after receiving written notice from the Denton Police Department an/or the City and/or its agents, servants, employees, successors, officers, sponsors, assigns, or volunteers of the incurring of such expenses, costs, or obligations. Additionally, I shall fully defend, protect, indemnify, and hold harmless the Denton Police Department and/or the City and/or its agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the Denton Police Department and/or the City and/or its agents, officers, servants, or employees, including, withofit limitation, personal injuries and death in connection therewith which may be made or asserted by myself, my agents, my successors, my assigns, or any third parties on account of, arising out of, or in any"v¢ay incidental to or in connection with the performance of this agreement and from my participation in the~Volunteer Disabled Enforcement Program, INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE DENTON POLICE DEPARTMENT AND/OR THE CITY AND/OR THE PARTIES TO THIS AGREEMENT. IT IS UNDERSTOOD A_ND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE VOLUNTEER PARKING ENFORCEMENT OFFICER TO INDEMNIFY AND PROTECT THE DENTON POLICE DEPARTMENT AND/OR THE CITY AND/OR ITS AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE DENTON POLICE DEPARTMENT AND/OR THE CITY AND/OR ITS AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. I further authorize the Denton police officer or other City employee or agent supervising this activity to secure medical care for me in the event of injury. I promise to assume liability for payment, and hold harmless the City, its 'officers, employees, sponsors, volunteers, or agents, of medical expenses arising from said medical care for. said injury. I hereby give the City the right to photograph, televise, film, and sound record my acts, appearances, and utterances of me and to use any descriptive wdrds or names, including my name in conjunction therewith and without limit as to the time, to produce and reproduce the same or any part thereof by any method, and to use for any purpose which the City deems proper. All such photographs, teletapes, films, and sound recordings shall be the exclusive property of the City, and I hereby relinquish all rights, title, and interest therein. I, the undersigned, have read this release and indemnification and understand all its terms. I execute it voluntarily and with full knowledge of its significance. SIGNED THIS THE __ day of Signature: Printed Name: Address: Telephone: THE STATE OF TEXAS COUNTY OF DENTON BEFORE ME the undersigned authority, a Notary Public in and for said State of Texas, on this day personally appeared , known to me to be the person who signed and executed the foregoing instrument, and acknowledged to me that this instrument was executed for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of ,191 [SEAL] FSshared\dept\LGL\Our DocumentsXFORMS\RELEASEXPolice Rider Release.doc Notary Public in and for the State of Texas , My Commission Expires: DENTON POLICE DEPARTMENT VOLUNTEER HANDICAPPED PARKING ENFORCEMENT TRAINING PROGRAM Monday. September 27~ 1999 1. Welcome - Joanie Housewright 2. History of the Program - Joanie Housewright 3. Program Administration and Operation - Joanie Housewright 4. Legal Aspects of Handicapped Parking - Stephanie Berry Tuesda¥~ September 28, 1999 1. Completing a Citation - Stephanie Berry 2. Conflict Avoidance and Resolution- Joanie Housewright 3. Court Testimony - Stephanie Berry 4. Practical Exemises 5. Presentation of Certificates 6. Oath of Office ' SUBTITLE H. PARKING, TOWING, MD STORAGE OF VEHICLES CHAPTER 681. PRIVILEGED PARKING Sec. 681.001. Definitions. In this chapter: (1) ,,Department" means the Texas Department of Transportation. (2) "Disability" means a condition in Which a person has: (A) mobility problems that substantially impair the person's ability to ambulate; (B) visual acuity of 20/200 or less in the better eye with correcting lenses?or (C) visual acuity of more than 20/200 but with a limited field of vision in which the widest diameter of the visual field subtends an angle of 20 degrees or,less. (3) "Disabled parking placard" means a placard issued under Section 681.002. (4) "International symbol of access" means the symbol adopted by Rehabilitation International in 1969 at its Eleventh World Congress on Rehabilitation of the Disabled. (5) "Mobility problem that substantially impairs a person's ability to arabulate" means that the person: (A) cannot walk 200 feet without stopping to rest; (B) cannot walk without the use of or assistance from an assistance device, including a brace, a cane, a crutch, another person, or a prosthetic device; (C) cannot ambulate without a wheelchair or similar device; ~ (D) is restricted by lung disease to the extent that the person's forced respiratory expiratory volume for one second, measured by spirometry, is less than one liter, or the arterial oxygen tension is less than~60 millimeters of mercury on room air at rest; (E) uses portable oxygen; (F) has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; (G) is severely limited in the ability to walk because of an arthritic, neurological, or orthopedic condition; or (H) has another debilitating condition that, in the opinion of a physician licensed to practice medicine in this state, limits or impairs the person's ability to walk. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.156(a), eff. Sept. 1, 1997. Sec. 681.002. Disabled Parking Placard. (a) The department shall provide for the issuance of a disabled parking placard to a person with a disability. (b) A disabled parking placard must be two-sided and hooked and include on each side: (1) the international symbol of access, which must be at least three inches in height, be centered on the placard, and be: ~ (A) white on a blue shield for a placard issued to a person with a permanent disablIity; or (B) white on a red shield for ~ placard issued to a person with a temporary disability; (2) an identification number; (3) an expiration date; and (4) the seal or other identification of the department. (c) The department shall furnish the disabled parking placards to each county assessor-colleCtor. (d) A disabled parking placard must bear a hologram designed to prevent the reproduction of the placard or the production of a counterfeit placard. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1353, Sec. 1, eff. Sept. 1, 1997. Sec. 681.003. Parking Placard Application. (a) An owner of a motor vehicle'regularly operated by or for the transportation of a person with a disability may apply for a disabled parking placard. ~ (b) An application for a disabled parking placard must be: (1) on a form furnished by the department; (2) submitted to the county assessor-collector of the county in which the person with the disability resides; and (3) accompanied by a fee of (c) The first application must be accompanied by a notarized written statement or written prescription of a physician licensed to practice medicine in this state certifying and providing evidence acceptable to the department that the person making the application or on whose behalf the application is made is legally blind or has a mobility problem that substantially impairs the person's ability to ambulate. The statement or prescription must include a certification of whether the disability is temporary or permanent. The department shall determine a person's eligibility based on evidence provided by the applicant establishing legal blindness or mobility impairment. (d) Information concerning the name or address of a person to whom a disabled parking placard is issued or in whose behalf a disabled parking placard is issued is confidential and not subject to disclosure under Chapter 552, Government Code. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.156(b); Acts 1997, 75th Leg., ch. 1353, S~c. 2, eff. Sept. 1, 1997. ~Sec. 681.0031. Applicant's Driver's. ~icense or Personal Identification Card Number. (a) The applicant shall include on the application the applicant's driver's license number or the number of a personal identification card issued to the' applicant under Chapter 521. The department shall provide for this information in prescribing the application form. (b) The county assessor-collector shall record the number on any disabled parking placard issued to the applicant. Added by Acts 1997, 75th Leg., ch. 1353, Sec. 3, eff. Sept. 1, 1997. Sec. 681.004. Issuance of Parking Placard; Expiration. (a) A person with a permanent disability may receive: (1) two disabled parking placards, if the person does not receive a set of special license plates under Section 502.253; or (2) one disabled parking placard, if the person receives a set of special license plates under. Section 502.253. (b) A person with a temporary disability may receive two disabled parking placards. (c) A disabled parking placard issued to a person with a permanent disability is valid for a period of four years and shall be replaced or renewed on request of the person to whom the initial card was issued without presentation of evidence of (d) A disabled parking placard issued to a person with a temporary disability expires after the period set by the department and may be renewed at the end of that period if the disability remains as evidenced by a p~ysicia~'s statement or prescription submitted as required for a first application under Section 681.003(c) · Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, ?5th Leg., ch. 1353, Sec. 4, elf. Sept. 1, 1997. Sec. 681.005. Duties of County Assessor-Collector. Each county assessor-collector shall send to the department: (1) each fee collected under Section 681.003, to be deposited in the state highway fund to defray the cost of providing the disabled parking placard; and (2) a copy of each application for a disabled parking placard. ,Acts 1995, 74th Leg., ch. 165,. Sec. 1, eff. Sept. 1, 1995. Sec. 681.006. Parking Privileges: .Persons with Disabilities. (a) A vehicle may be parked for an u~limited period in a parking space or area that is designated specifically for persons with physical disabilities if: (1) the vehicle is being operated by or for the transportation of a person with a disability; and (2) there are: (A) displayed on the vehicle special license plates issued under Section 502.253; or (B) placed on the rearview mirror of the vehicle's front windshield a disabled parking placard. (b) The owner of a vehicle is exempt from the payment of a fee or penalty imposed by a governmental unit for parking at a meter, in a parking garage or lot, or in a space with a limitation on the length of time for parking if: (1) the vehicle is b~ing operated by or for the transportation of a person with a disability; and (2) there are: (A) displayed on the vehicle special license plates issued under Section 502.253; or (D) placed on the rearview mirror of the vehicle's front windshield a disabled parking placard. (C) The exemption provided by Sub~e~tion (b) does not apply to a fee or penalty: (1) imposed by a branch of the United States government; or (2) imposed by a governmental unit for parking at a meter, in a parking garage or lot, or in a space located within the boundaries of a municipal airport. (d) This section does not permit a vehicle to be parked at a time when or a place where parking is prohibited. (e) Nothing in this code shall be interpreted as exempting any owner or operator of a vehicle from payment of fees or penalties imposed by a governmental unit for parking at a meter, in a parking garage or lot, or in a space located within the boundaries of a municipal airport. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.156(c), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 804, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1353, Sec. 5, eff. Sept. 1, ~1997. ~ Sec. 681.007. Parking Privileges: Symbol of Access. Vehicles Displaying International A vehicle may be parked and is exempt.from t~e payment of a fee or penalty in the same manner as a vehicle that has displayed on the vehicle special license plates issued under Section 502.253 or a disabled parking placard as provided by Section 681.006 if there is displayed on the vehicle a license plate or placard that: (1) bears the international symbol of access; and (2) is issued by a state or by a state or province of a foreign country to the owner or operator of the vehicle for the transportation of a person with a disability. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 681.008. Parking Privileges: Veterans With Disabilities; Congressional Medal of Honor Recipients. A vehicle on which license plates issued under Section 502.254 or 502.255 are displayed is ~xempt from the payment of a parking fee, including a fee collected through a parking meter, charged by a governmental authority other than a branch of the federal government, when being operated by or f~r the transportation of: (1) the person who registered the vehidle under Section 502.254(a) or 502.255; or (Z) a person described in Section 502.254(b) if the vehicle is registered under that subsection. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 681.009. Designation of Parking Spaces by Political Subdivision or Private Property Owner. (a) A political subdivision or a perspn who owns or controls property used for parking may designate one or'more parking spaces or a parking area for the exclusive use of vehicles transporting persons with disabilities. (b) A political subdivision must designate a parking space or area by conforming to the standards and specifications adopted by the commissioner of licensing and regulation under Section 5(c), Article 9102, Revised Statutes, relating to the identification and dimensions of parking spaces for persons with disabilities. A person who owns or controls private property used for parking may designate a parking space or area without conforming to those standards and specifications, unless required to conform by law. (c) A political subdivision may require a private property owner or a person who controls property used for parking: (1) to designate one or,more parking spaces or a parking area for the exclusive use of vehicles transporting persons with disabilities; or (2) to conform to the standards and specifications referred to in Subsection (b) when designat'ing.a parking space or area for persons with disabilities. (d) The department shall provide at cost a design and stencil for use by a political subdivision or person who owns or controls property used for parking to designate spaces as provided by this section. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Sec. 681.010. Enforcement. (a) A peace officer or a person designated by a political subdivision to enforce parking regulations may file a charge against a person who commits an offense under this chapter at a parking space or area designated as provided by Section 681.009. (b) A security officer commissioned under the Private Investigators and Private Security Agencies Act (Article 4413(29bb), Vernon's Texas civil Statutes) and employed by the owner of private property may file a charge against a person who commits an offense under thi{ chapter at a parking space or area designated by the owner of the property as provided by Section 681.009. Acts 1995, 74th Leg., ch. 165, Sec. 1, elf. Sept. 1, 1995. Sec. 681.0101. Enforcement by Certain Appointed Persons. (a) A political subdivision may appoint a person to have authority to file a charge against a person who commits an offense under this chapter. ~ (b) A person appointed under this section must: (1) be a United States citizen of' good moral character who has not been convicted of a felony; · ~ (2) take and subscribe to an oath of office that the political subdivision prescribes; and (3) successfully complete a training program of at least four hours in length developed by the political subdivision. (c) A person appointed under this section: (1) is not a peace officer; (2) has no authority other than the authority applicable to a citizen to enforce a law other than this chapter; and (3) may not carry a weapon while performing duties under this section. (d) A person appointed under this section is not entitled to compensation for performing ~uties under this section or to indemnification from the political subdivision or the state for injury or property damage the person sustains or liability the person incurs in performing duties u~de~ this section. (e) The political subdivision and the-state are not liable for any damage arising from an act or omission of a person appointed under Subsection (a) in performing duties under this section. Added by Acts 1997, 75th Leg., ch. 165, Sec. 30.156(d), elf. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1353, Sec. 6, elf. Sept. 1, 1997. Sec. 681.011. Offenses; Presumption. See, also, italicized material following text of this section (a) A person commits an offense if: (1) the person parks a vehicle on which are displayed license plates issued under Section 502.253 or a disabled parking placard in a parking space or area designated specifically for persons with disabilities by: (A) a politica~ subdivision; or (B) a person who owns Qr controls private property used for parking as to which a political subdivision has provided for the application of this section under Subsection (f); (2) the person does not have a disability; and (3) the person is not transporting a person with a disability. ~ (b) A person commits an offense if the person parks a vehicle on which license plates issued under SeQtion 502.253 are not displayed and a disabled parking placard is not displayed in a parking space or area designated speci£ically ~or individuals with disabilities by: (1) a political subdivision; or (2) a person who owns or controls private property used for parking as to which a political subdivision has provided for the application of this section under Subsection (f). (c) A person commits an offense if the person parks a vehicle so that the vehicle blocks an architectural improvement designed to aid persons with disabilities, including an access or curb ramp. (d) A person commits an offense if the person lends a disabled parking placard issued to the person to a person who uses the ~placard in violation of this section. (e) In a prosecution under this section, it is presumed that the registered owner of the ~otor vehicle is the person who parked the vehicle at the ti~e and place the offense occurred. (f) A political subdivision may p~o~ide that this section applies to a parking space or area for persons with disabilities on private property that is designated'in compliance with the identification requirements referred to in Section 681.009(b) · (g) Except as provided by Subsections (h)-(k), an offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $200. (h) If it is shown on the trial of an offense under this section that the person has been previously convicted one time of an offense under this section, the offense is punishable by a fine of not less than $200 or more than $300. (i) If it is shown on the trial of an offense under this section that the person has been previously convicted two times of an offense under this section, the offense is punishable by a fine of not less than $300 or more than $400. (j) If it is shown on the trial of an offense under this section that the person has been previously convicted three times of an offense under this section, the offense is punishable by a fine of not less than $400 or more than $500. (k) If it is shown on the trial o~'a~ offense under this section that the person has been previously convicted four times of an offense under this section, the 6ffense~i~ punishable by a fine of $500. (1) If a justice of the peace or a judge requires a person convicted of an offense under this section to perform community service, the justice or judg~may not require the person to work more than 100 hours. Acts 1995, 74th Leg., ch. 165, Sec. 1, ~ff. Sept. 1, 1995. Amended by Acts 1997 75th Leg., ch. 165, Sec. 30.156(e), eff. Sept. 1, 1997. Sec. 681.012. Seizure and Revocation of Placard. (a) A law enforcement officer who believes that an offense under Section 681.011(a) or (d) has occurred in the officer's presence shall seize any disabled parking placard involved in the offense. Not later than 48 hours after the seizure, the officer shall determine whether probable cause existed to believe that the offense was committed. If the officer does not find that probable cause existed, the officer shall promptly return each placard to the person from whom it was seized. If the officer finds that probable cause existed, the officer, not later than the fifth day after the date of the seizure, shall submit each seized placard to the department. (b) On submission to the department under Subsection (a), a placard is revoked. On request of the person from whom the placard was seized, the department shall conduct a hearing and determine whether the revocation should continue or the placard should be returned to the person ~nd the revocation rescinded. Added by Acts 1997, 75th Leg., ch. 1353~ Sec. 7, eff. Sept. 1, 1997 ' ~ FREQUENTLY ASKED QUESTIONS REGARDING PARKING FOR PEOPLE WITH DISABILITIES Q: Who qt,:tlilies for accessible parking registration? A: A person qualifies for a parking placard or license plate with any of the following permanent or temporary disabilities: * People who are legally blind * People who use devices to assist mobility, such as wheelchairs, canes or prostheses * People with lung disease or people who use portable oxygen * People with serious cardiac conditions * People with arthritis or neurolo.gical or orthopedic impairments that limit walking * People with other debilitating conditions that impair walking A new Texas law also allows residential fa'ciiiti-es that serve people with disabilities to apply for parking placards for vans that transport their residents with disabilities. (SB 21) Q: What are the different types of placards? A: In the pa~;t, blue placards were reserved for people with permanent disabilities and red placards wcrc reserved roi' people with temporary disabilities. However, a new Texas law that takes effect .September 1, 1999, provides that blue placards are reserved for people who use devices to assist mobility, such as wheelchairs, walkers, and canes. All other individuals will receive a red placard. People with temporary disabilities will still be able to obtain temporary red placards. Temporary placards expire after six months. (HB 1032) Q: How will this new law chaage the way people park? Businesses x', ho perform new construction or alteration after September 1, 1999, will be required to reserve o, ~.~'-half of their accessible spaces for the exclusive use of people who use blue placards. Omcr businesses may assign such parking on a voluntary basis. People with blue placards can park in either blue-Flacard or red-placard spaces. It is a violation for people with red placards or disabled license plates to park in spaces designated for people with blue placards. If the business has not reserved parking spaces,for people with blue placards, people using any colored parking placard may park in any space. (HB 1032) Q: How do i get a parkin~ placard? A: Submit '1 cxas Department of TXransportation Form VTR-214 to your county tax office. The form is available online at iip://ftp.dot.state.tx.us/pub/txdot-info/vtr/vtr-214.pdf in Adobe Acrobat format. This form must either be signed by a physician and must either be notarized by the physician or be accompanied by a prescription from the physician. Under a new Texas law, the physician signing the tbrm must be licensed 'in TexaS, New Mexico, Oklahoma, Arkansas, or Louisiana. t'hysicians liccnsed in other states may not approve placard applications unless they are employees of the Veterans Administration. (SB 132) Q: Are thc:'~' special rules for veterans with disabilities? People who i,ave a 60% \?..\ service-connected disability, or who are surviving spouses of a veteran with such a disability rating, may obtain "disabled veteran" license plates from the Texas Departmcm ,,fTransportation for $3. A new Texas law allows people with these license plates to park in accessible parking spaces without obtaining a placard, if that vehicle is actually transporting the veteran with a disability. (HB 1070) Q: What is the lee for a placard or license plate? A: The icc is $5 for each placard requested. There is no additional fee for a license plate, unless the purchaser buys a personalized? other special license plate. Q: How many placards and plates can one person get? A: An applicant may apply for up to two placards. People who apply for license plates may receive only one placard. An individual may receive additional license plates for each vehicle they own tibet are modified to accommodate a disability. A person with a temporary disability may not apl~ly for license plates. Q: How Im~,. is the pa,'king registration valid? A: A placard {bra permanent disability is valid for 4 years. A placard for a temporary disability expires alicr Ax months, but the placard should be discarded if the temporary disability ends before that time. License plates are valid as long as the person owns the vehicle, but plates are usually reissued after eight years. Plates should be removed from the vehicle when it is sold. Drivers must lill out a new Form VTR-214 each time a placard or license plate needs to be reissued. A new Texas law enlarges the date of expiration to make it easier for police and volunteer parking enforcers to ticket vehicles with expired placards. The new law also requires tax offices t,) punch holes in the sides of the placards to indicate the date of expiration. (HB 1032) Q: Can thc parking placard be used in any car, or only in a car owned by a person svith a disability? A: The place',rd can be removed and displayed in any vehicle used for transportation of a person with a disabi!itv, ex'eh if theY do not own a car. It is a violation of Texas lax,,' for a person with a disability t~, i:nd thc placa~'d to a person without a disability, and it is a violation of Texas law for a person' xxii~ .out a disability to use a placard unless they,are transporting a person with a disability. Q: What is the penalty for people who park in accessible parking spaces or misuse parking placards or liceuse plates? A: A new Texas law (HB 1032) raises the fines for accessible parking violations and placard abuse as lbllows: Fines bclbre 9/1/99 Fines after 9/1/99 First offens,' SI 0()-S2(~0 Second ol'lL'l:~;eS200-S31)0 Third offend:,' $300 Fourth o t'fc~t:;c$400 Fifth offense $500 $250-$500 $300-$600 $300-$600 $500-$1000, plus20-50 hours ofcommunity sen'ice $1000, plus50 hours ofcommunityservice Q: What is the charge for replacing a lost or stolen placard? A: Texas c,~.:nties do not issue replacement Or duplicate placards. To obtain a new placard, persons rl'iust ~-eapply to their local county tax assessor office and pay the $5.00 fee. Q: Is my'l c~as parking placard recognized in other states? A: Texas ha:, reciprocity with all 50 states. Texans can use their placards or license plates to park in other' states, and out-of-state visitors can use their placards or license plates in Texas. Q. Where shoukl 1 display my parking placard? A. When p:u'ked, the placard should hang from the rearview mirror. In cars without rearciew mirrors, thc l~lacard should be placed on the center of the dashboard. However, the placard should not b~. placed on thc rearview mirror while driving, as it may tend to block the sight of the driver. Q: Can Ibc charged for parking when I use my parking placard? A: Yes, exes:pt at parking meters. Texas law allows businesses and airports to charge all individuals for parking. A new T~exas law allows government entities to charge for parking in public pm'king lots or parking garages, unless the government entity specifically passes an ordinance allowing for frec parking in such lots or garages. This law also allows law enforcemcn', ,~fficers to ticlcet people without di'sabilities who display parking placards at parking meters and d:., not l~ay to l~:tl'l<.. (HB 1032) , ,. DENTON POLICE DEPARTMENT VOLUNTEER HANDICAP PARKING ENFORCEMENT CONFLICT AVOIDANCE AND RESOLUTION Vehicle Operation - Obey all traffic laws. Appropriate Attire a. Comfortable, neat, and clean b. No T-shirts with advertisements that would reflect poorly on the Department 3. Violator Contact- a. Courteous - Yes ma'am; No sir. b. Remain calm and in control. c. Identify self- especial]'y ifreq,uested. d. Always begin with "you"- i.e. "you are'being issued a citation for...;" e. Do not engage in an argument. f. Refer violators to Municipal Court for information regarding disposition. g. Refer complaints to Lt. Summers at the Police Department. h. Back out of the situation a.s.a.p. i. Call 9-1;1 if needed. EQUIPMENT INSTRUCTIONS LOCKER COMBINATION - 19-27-13 1. Turn dial three complete rotations to the right. 2. Continue right to 19. 3. Turn dial one complete rotation to the left, past 19, to 27. 4. Turn dial right to 13. CAMERA 1. Looking at the back of the camera, push down on the long button on the left. The back should pop open to load film. 2. Open the back. Place film in the right side. 3. Pull film across back to the left edge and insure it is on the "track." 4. Close back. ', . 5. Push long button beside display to the line between the circle and the flower. Film is then advanced automatically to the first picture and the display should show "1 ." 6. The red button on top takes the picture. "Zoom"~button is also on top. 7. When the roll is done, the camera will automatically rewind the film. 8. Open the back and place the film in the envelope. 9. Give envelope to the Duty Officer and ask them to place it into evidence for you. TELEPHONE You must hold the power button down for several seconds before the phone will come on. Dial 9-1-1. PARKIN iG PATROL · ,. ozrroN ~cow.cnaomcu~/~ City of DenWn Municipal Prosecutor Stephanie Berry and an show off the sign that will be used by volunteers Denton Police Department Business Coordinator Jim Bry- catch people using ha~_dicap parking spots illegally. ,VOlunteers to protect privilege Staff'Wrfler "Handicapped parking" sign not- withstanding, the car pulls iato, the parking space close W the building and an obviously able-bodied driver hops out, gives one furtive look around and marches into the mall. Your blood boils as you think of someone ~in a wheelchair who now may have to park in the hinterlands of mall parking because of this inconsiderate lawbreaker who Stole the designated space. You'd like to see justice done here. Well, you can. A recently approved city ordinance makes itpossible for Denton police to develop a volunteer disabled-parking enforcement patrol. Ordinary resi- dents --.with, four hours training -- will be able to patrol the city on the lookout for' cars without handicapped parking placards or disabled-designat- ed license plates that are parked in the reserved spaces: Officer giro Bryan, who is in charge of implementing the program, said he hopes t9 ~..:~reSt volpntee, rs in pairs, since th~ ~Ogr~m is set up for part- ners to work the enforceme,nt pro- gram. After the trainingsession, the new enforcement volunteers will put special magnetic signs on their own vehicles, don orange, vests, pick up their ticket books and go to work. "We hope to begin Oct. 1," Officer Bryan said. "We'll.hold the training program in .September, and we need a minimum of four volunteers to start. Then we~l build up from there." City attorney Stephanie Berry will teach the classes, which will inform the volunteers about what constitutes See PARKING/I 4& parking patrol started By Donna Fielder Staff Writer The home is rich with vi- brant color, aglow with Orien- tal rugs on the floor and paint- ings covering every wall. Bruce Briggs, former airline pilot, helicopter flight trainer, hunter and fisherman, sits amid the luxury of a lifetime's worth of mementos with soft, classical music as a backdrop, and he, beams with satisfac- tion. It's not the life he led or the valuables he collected that brought on the bout of pride. It's about a good venture he's seen well begun, and now he's trying to widen its im- pact. Nearly two years ago, Mr. Briggs mailed a letter to May- or Jack Miller suggesting that Denton take up a program other cities had tried. He would be a volunteer, he said, ' if the city would implement a See BRIGGS/S& ENFORCER Bruce Brigg$ helped begin a . r~ZNrON ~com).c~o=c,~/e~oN volunteer,disabled-parking enforcement patrol in Denton. Briggs lumbUs, Ohio, and graduated from Ohio State University with a degree in.industrial de- From/IA ,:. , i sign, which wfis part of the art volunteer disabled~pa~Mng dePartment. It Was there he enforcement patrol, met Margaret, and they have sha~ed a love .of art all their It toOk research and a new city ordinance t° make it ha~ pen. But now Mr. Briggs is one of 1Yvolunteers who don 47 years of marriage. It is her Work and the paint. ings of friends that enriches orange' vests, pUt magnetic the ambience of their home. signs on their vehicles and He was in the ROTC at the drive Den~on's street~ in .university and Was commis- search of ablb-bodied drivers' . sioned into the Army after who steal .parking spaces re, served for the disabled. The city' needs' more Such volunteers, 'and another train- ing program.will begin soon. Anyone .interested in volun- teering should call Officer Jim Bryan at (940) 349-8160. Mr. Briggs' wife, Margaret, has osteoporosis and walks with a cane. He has arthritis, and it's hard for either of them to walk long distances. It made them aware of the need for disabled-park~n'g space;'he said, and angry that so many l~eople abused it.. "We would get frustratbd in finding Unauthorized vehicles in handicapped.parking plac- es, he said. I wanted to do something about it." The Volunteers work in pairs. Most' 'are graduates Of an intensive program called the Citizen~' Police Academy, and all have completed a four- hour course that taught them how to write citations and how to avoid confrontations with angry drivers who receive them. Last week, Mr. Briggs sat through a'municipal court tri- al that involved the first chal-~ lenge to the program. The driver had not actually parked inside the space but Ifad parked incorrectly so that the sp~ce was blocked and coUld not be u~ed by a disabled driv- er. The v~lunteers take photo- graphs of every violation and fully document the offense. When the judge saw 'the evi- dence, he uPheld the ticket. "People in vans must have. extra room to get in and out," he said. "It upsets me to see someone encroaching on the parking spaces. As' I've gotten older, th~Se things haV6, b~- come very m~, portant to graduation. After three years on the .-ground, he went to flight school and so set his life's ca- . reer..For five years after he. mustered out of the Army. he taught helicopter pilots at Southern Airways of Texas in Mineral Wells. He was teach- ing men -- Americans and Vietnamese -- who became helicopter pilots in Vietnam. The Vietnamese were spe, cial challenges because most of them had never even driven a car, he said. But he devel- oped strong friendships with ,some of them and wonders where they are now. In 1994, he bought 'one of' the helicopters he'd used at the trainine seboo~ ;~nd had it restored to the military Colors as a keepsake of that time in his life and in t]~e history of his country. He joined An,erican Airlines in 1965 and, as a captain, flew the 727, the ,707, the 747, the DC,9 and the 767. He retired flying the DC-10. in 199L he said. He has a medical condi- tion that precludes taking the controls of an airplane, but it has always .been his great love. "After my wife, of course," he said. He loved to hunt and fish, and his best trophies reside in an office his computei' shares with Margaret's easel. He still loves to go four.wheeling with a friend in the sand dunes of Nevada and California every year. He and Margaret have three sons, and in the 'end, it is them and their ',families that give him the .most satisfaction. "Flying was my career -- and my life," he s_.aid. "N6w, AGENDA INFORMATION SHEET Agenda No. Agenda Item Date AGENDA DATE: DEPARTMENT: ACM: February 22, 2000 Economic Development Department David Hill, Assistant City Manager, Development Services SUBJECT Receive a report, hold a discussion and give staff direction regarding the City of Denton Tax Abatement Policy. BACKGROUND At the November 9, 1999 City Council meeting, Council asked that the Joint Tax Abatement Committee draft a new tax abatement policy for Council consideration, as the current policy would expire on January 27, 2000. The Committee previously submitted a proposal in September of 1998 which included comments and suggestions from all three taxing entities. At that time, adoption ora new policy required a super-majority vote, and the proposal was defeated 5 to 2. The document provided in this backup is very similar to the September proposal. All changes have been highlighted for your review. The major recommended changes are: Valuation Threshold: The Committee recommends that the minimum valuation threshold remain at $5 million. The September 1998 draft proposed a $10 million threshold. However, after further consideration, the Committee contends that: (1) a $5 million increase in valuation is a significant amount to be added to our tax base, (2) since the ! 25% multiplier is no longer recommended for existing businesses, the $5 million threshold is more reasonable; and (3) the Committee believes the $5 million threshold would promote the location of targeted small businesses (our niche industries). Competition with existing businesses: The Committee recommends that abatement be considered of all qualified businesses. In the September proposal, a qualifier had been added eliminating projects that are in direct competition with existing businesses. The economic development partnership is charged with marketing to certain target industries, for example, pharmaceutical companies. With a competition exclusion clause, an abatement could only be considered for the first pharmaceutical company to locate in Denton and would limit the City's ability to continue to market to that particular target industry. -1- Flexibility: The proposed policy allows for a great deal of flexibility in the percentage of abatement granted. The policy has a 15% to 25% base percentage and allows for additional increments of 5% abatement. The highest possible percentage allowed is 50% with the longest term still set at 10 years. Electric Service: The policy requires the applicant to purchase power from Denton Municipal Electric (if located in an area in which DME is certified). Format: Much of the application information has been removed from the original tax abatement policy document and included in the formal tax abatement application. The application also includes information not previously requested, such as: · List of any other incentives being considered for the project · List of any environmental permits required by the project · Record of compliance to all environmental regulations · Description of any offsite infrastructure requirements ESTIMATED SCHEDULE OF PROJECT If adopted, the tax abatement policy would be in effect for two years. The policy could be amended with a super-majority vote by City Council prior to its two-year life. PRIOR ACTION/REVIEW The Joint Tax Abatement Committee recommends approval of the attached policy. FISCAL INFORMATION None EXHIBITS Exhibit A - Proposed Tax Abatement Policy Exhibit B - Expired Tax Abatement Policy Respectfully submitted: Linda Ratliff, Director ~ ~ Economic Development Deparhnent -2- Exhibit A DENTON POLICY FoR TAX ABATEMENT L GENERAL PURPOSE AND OBJECTIVES The City of Denton (City) and the Denton Independent School District (DISD) are committed to the promotion of high quality development in all parts of the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these ol:jecfives are generally served by the enhancement and expansion of the local economy, the City and DISD will, on a case-by-case basis, give consideration to providing tax abatement as a stimulus for economic development in Denton. It is the policy of the City and DISD that said consideration will be provided in accordance with the procedures and criteria outlined in this document. Nothing herein shall imply or suggest that the City or DISD are under any obligation to provide tax abatement to any applicant. Denton County ad valorem taxes also may be abated; however, applications will be considered separately under the guidelines of the Denton County tax abatement policy. All applicants shall be considered on a case-by-case basis. Abatements will be considered only as inducements to generate development that otherwise would not occur. Abatements will not be considered if construction of a project already has begun n, ..... ~..,~, ,.~..~, ~ .... ;,~,~o,~ ;c ,~ ...... ~4~. Tax abatements, as described in this policy, will be available for new and/or existing facilities and structures and for businesses wanting to locate, expand or modernize basic industries, corporate office headq-arters or distribution centers, except as this policy may be limited for property described in Section S:\TAX ABATEMEN'I~TAX ABATEMENT POLICY 2000 - PROPOSED.do~ 312.21 l(a) of the Texas Property Tax Code (Vemons Texas Civil Statutes Annotated, hereinafter referred to as "Tax Code.") IL JOINT TAX ABATEMENT COMMITTEE Requests for tax abatement shall be reviewed by the Joint Committee on Tax Abatement, said Committee being comprised of two elected officials each from the City, the DISD and Denton County. One additional staff person 15om each jurisdiction shall be appointed to serve as a nonvoting, ex officio member of the committee. The Joint Committee on Tax Abatement serves as a recommending body to the taxing entities regarding whether economic development incentives should be offered in each individual case. Its recommendation shall be based upon an evaluation of information submitted in the tax abatement application and any additional information requested by the Committee or presented to the Committee. The Tax Abatement Application is presented as Exhibit A of this policy. All meetings of the Joint Committee shall be held in compliance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Ill. VALUE OF INCENTIVES The criteria outlined in the Application will be used by the Joint Committee on Tax Abatement in determining whether or not it is in the best interests of the affected taxing entities to recommend that tax abatement be offered to a particular project. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community as described in the Denton Comprehensive Plan, as well as the relative impact of the project. New, expanding and modernizing businesses may be considered for abatement if the minimum threshold, as described in Table 1 below, is met. $:\TAX ABATEMENT~TAX ABATEMENT POLICY 2000 - PROPOSED.doc Once a detei-aiination has been made that tax abatement should be offered, the value and term of the abatement may be deteiufined by referencing the following table: TABLE 1: Establishes a fiamework for considering the length of abatement according to assessed real property value of improvements and of tangible personal property located on the real property. VALUE OF STRUCTURE AND PERSONAL PROPERTY YEARS OF PERCENTAGE OF IN Mil ,LION DOLLARS ABATEMENT ABATEMENT 100 10 15- 25% 80 9 15- 25% 65 8 15- 25% 50 7 15- 25% 35 6 15- 25% 20 5 15- 25% 15 4 15-25% 10 3 15- 25% _5 2 15-25% To qualify, companies must meet the minimum threshold of the policy in the first 24 months from the execution of the agreement or as specified in the tax abatement agreement. If upon initial application a project qualifies for tax abatement under the guidelines set forth in this policy, the taxing entities may consider granting an additional 5% abatement for each one of the following factors provided, however, that the total tax abatement does not exceed 50% annually or for a period of more than ten years. No applicant may receive credit for more than five of the following factors: · The project will occupy a building that has been vacant for at least two years; · The project will create high-skilled, high-paying jobs as documented by the applicant. (A breakdown of number of jobs per job classification and entrv level wage per classification will be 5 S:\TAX ABAI~EMENT~TAX ABATEMENT POLICY 2000 - PROPOSED.do~ used to determine eligibility); · The project will involve a significant relationship l~'~a'~.~.~r~2p with one of the two nniversities in Denton; · At least 25% of the new jobs created by the prqiect will be filled by Denton residents; · The project will provide knowledge-based jobs (at least 25 percent of jobs require college bachelors degree at entry level); · The project will donate significant public art to the community. (To qualify, donation must be approved by Greater Denton Arts Council and City Council); · The project will donate significant materials/equipment to the public schools (To qualify, donation must be approved by DISD and City Council.); · The project will create improvements to the Denton Central Business District; · The project will result in the formation of a business park; · The project is an international or national headquarters facility. The total tax abatement may not exceed 50% annually for ten years. All abatements are subject to final approval of the City Council and DISD Board of Trustees, or the County Commissioner's Court. Even though a project may meet the criteria as set forth in this policy, an application may be denied at the discretion of the City Council and/or DISD Board of Trustees. State law prohibits tax abatement on any portion of the land value of the project. The thresholds as described in Table 1 are considered guidelines for establishing the Tax Abatement Agreement terms. However, the City and DISD may detei-i~fine that a lower or higher percentage and/or a shorter or longer term of abatement may be more appropriate for an individual project. If abatement is approved, the City and DISD may consider applying all or a portion of the abatement 6 S:\TAX ABATEMENTxTAX ABATEMENT POLICY 2000 - PROPOSED.doc in the first year or during any shorter period within the term of the tax abatement agreement. For example, an approved abatement of 25 percent for four years may be applied as 100 percent abatement for one year. To receive tax abatement from the City, the owner of the project must enter into a contract with Denton Municipal Electric Utilities to provide electric service for a period of not less than five years and maintain performance of contractual obligations for the full period of the eontmet, unless located in an area in which the Denton Municipal Electric Utilities is not certified to serve. Electric Utilities, this requirement may be waived. lYe Upon recommendation of Denton Municipal Preliminary. Application PROCEDURAL GUIDELINES Any person, organization or corporation desiring that the City or DISD consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that either the City or DISD is under any obligation to provide tax abatement to any applicant. A. Applicant shall complete the attached "Application for Tax Abatement." B. Applicant shall prepare a map or other documents showiagth~providing the following: · precise location of the property and all roadways within 500 feet of the site · existing uses and conditions of real property · proposed improvements and uses · any proposed changes in zoning, ~ r~ n .... ~ ....., m ........ ~. .... .aA zoning · compatibility with the Denton Comprehensive Plan and applicable building code~ and City ordinances. C. If *~ .... '"~' :~ ~"'~'~ by -'~ .... .a ~. .... .ao ~ complete legal description shall be 7 S:\TAX ABATEMEN'ISTAX ABATEMENT POLICY 2000 - PROPOSED.doe provided. Applicant shall comPlete all forms and information detailed in the Application and submit all information to the City Manager, City of Denton, 215 E. McKinney, Denton, TX 76201. D. All infom-~ation in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. E. The application will be distributed to the appropriate City and DISD departments for internal review and comments. Additional information may be requested as needed. F. Copies of the complete application package and staff comments will be provided to the Joint Committee on Tax Abatement. G. Fiscal agents of the City, DISD and County will review the application for comments and recommendation. Additional information may be requested as needed. Consideration of the Application H. The Joint Committee on Tax Abatement will consider the application at a regular or called meeting(s). Additional information may be requested as needed. I. The recommendation of the Joint Committee on Tax Abatement will be forwarded, with all relevant materials, to the chief administrative officer of each taxing entity. J. If the City Council of Denton decides to grant a tax abatement, it shall call a public hearing to consider establishment of a tax reinvestment zone in accordance with Section 312.201 of the Tax Code and meeting one or more of the criteria of Section 312.202 of the Tax Code. K. The City Council of Denton shall hold the public hearing and determine whether the project is "feasible and practical and would be of benefit to the land to be included in the zone and municipality in accordance with Section 312.201." Special consideration shall be given to S:\TAX ABATEMENTxTAX ABATEMENT POLICY 2000 - PROPOSED.do~ policies noted in the 13~ntnn r'~ .... I .... ff'~nmr~r~h~neiv~ Plan ,,- when designating a tax reinvestment zone. L. The City Council of Denton may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial tax abatement zone. M. The City Council may consider adoption of an ordinance or resolution approving the tei-ais and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the commitments of the applicant, including all the t~.~s required by Section 312.205 of the Tax Code and such other tei-Jiis and conditions as the City Council may require. Should the commitments subsequently not be satisfied, the tax abatement shall be null and void (unless the tax abatement agreement provides for a recapture of the property tax revenue lost proportionate to a partial failure to meet the minimum thresholds set forth in the agreement) and all abated taxes shall be paid immediately to the City of Denton and all other taxing jurisdictions participating in the tax abatement agreement. Provisions to this effect shall be incorporated into the agreement. N. The governing bodies of Denton County and DISD may consider ratification of and participation in the tax abatement agreement between the City of Denton and the applicant. O. The City and DISD reserve the authority to enter into tax abatement agreements at differing percentages and/or t~ii,~s as set forth in the guidelines of this policy, consistent with the requirements of the Tax Code. Any tax abatement agreement will address various issues, including but not limited to, the following: 1. General description of the project; 9 S:\TAX ABATEMENT~TAX ABATEMENT POLICY 2000 - PROPOSED.do~ 2. Amount of the tax abatement and percent of value to be abated each year; 3. Method of calculating the value of the abatement; 4. Duration of the abatement, including commencement date and temfination date; 5. Legal description of the property; 6. Kind, number, location and timetable of planned improvements; 7. Specific terms and conditions to be met by applicant; 8. The proposed use of the facility and nature of construction; 9. Contractual obligations in the event of default, violation of temis or conditions, delinquent taxes, recapture, administxation and assignment. Annual Evaluation Upon completion of construction, the Joint Committee on Tax Abatement shall receive from the City Manager an annual evaluation of each abatement to insure compliance with the agreement and to report possible violations of the agreement to the taxing entities. After new tax base numbers are received in July of each year, the City Manager and his staff will have mety (90) days to review and prepare a breakdown of those figures. Transfer or Assignment A contract for tax abatement may be transferred or assigned by the original applicant to a new owner upon approval by the various taxing jurisdictions after such a recommendation is made by the Joint Committee on Tax Abatement. l0 S:\TAX ABATEMENTxTAX ABATEMENT POLICY 2000 - PROPOSED.doc EXHIBIT A The City of Denton Tax Abatement Application About the Application... The Tax Abatement Application provides the City with specific information on the project. The information requested in the Application is designed to address the criteria developed within the City of Denton's Tax Abatement Policy. The information serves as the basis for fiscal analysis and overall project evaluation. This evaluation is provided to Council Members and serves as a source document during City Council deliberations. The Application And The Agreement... Specific information from the Application (like value of new investment and employment commitments) is incorporated into the Abatement Agreement. In fact, the Application is an attachment to the Agreement. Since the agreement is a binding contract, it is important that each question on the application be answered in full and as realistically as possible. Simply put, the application is part of the process from start to finish so you'll want to make sure you're comfortable with the contents. When Is The Application Final? The answer to this question is very simple: When you tell us, "It's final." It is not uncommon for a property owner(s) to submit numerous Applications as drafts for informational and evaluative purposes only. As conversations continue, the property owner will submit a finalized version of the Application that includes all of the commitments agreed to during the discussions. What About Confidentiality? Section 312.003 of the Texas Tax Code makes confidential information provided to the City as a part of this application that describes the specific processes or business activities to be conducted or the equipment or other property to be located on the property. This information is not subject to public disclosure until the tax abatement agreement is executed. Section 522.131 .of the Texas Government Code (Texas Public Information Ac0 makes confidential information which relates to economic development negotiations between the City and a business prospect that the City seeks to have locate, stay or expand in or near the territory of the City. The information must relate to a trade secret of the business prospect, commercial or financial information which the business prospect can demonstrate based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained or information about a financial or other incentive being offered to the business prospect by the City or by another person. Information about a financial or other incentive being offered to the business prospect is required to be disclosed when an agreement is made with a business prospect. The City is subject to disclosing most records and documents upon request under the Public Information Act. Accordingly, please dearly indicate and mark any information you consider proprietary. This would include anything in your application which you consider a trade secret, commercial or financial infor,i~nfinn which you Call demonntrate by specific fact~_l_a! evidence that would cause substantial competitive harm if disclosed, information which describes the specific processes or business activities to be conducted or the equipment or other property for which the tax abatement is Sonooht~ any financial Or other incentive you may be fJeekin~ from the City or any other information you deem to be confidential under the law. Who is Authorized To Sign the Application .9 Because the Application itself is non-binding, the person signing need not be the property owner or even an individual duly authorized to sign on behalf of the property owner. However. if an Agreement is reached, the Application will be an attachment to the Agreement and its contents will be binding through the authorized S:\TAX ABATEMENT~TAX ABATEMENT POLICY 2000 - PROPOSED.doc DENTON POLICY FOR TAX ABATEMENT I. GENERAL PURPOSE AND OBJECTIVES The City of Denton (City), the Denton Independent School District (DISD) and Denton County are committed to the promotion of high quality development in all parts of the city and to an ongoing improvement in the quality of life for its citizens. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Denton, DISD, and Denton County, will on a ease-by-case basis, give consideration to providing tax abatement as a stimulation for economic development in Denton. It is the policy of the City and DISD that said consideration will be provided in accordance with the procedures and criteria outlined ll~this document. Nothing herein shall imply or sugl~est that the City, DISD or Denton County are under any obli~ration to provide tax abatement to any applicant. All applicants shall be considered on a case-by-case basis. Tax inducements, as described in this policy, will be considered for new, expanding and modernizing basic industries, corporate office headquarters and distribution centers. II. CRITERIA Any request for a tax abatement shall be reviewed by the Joint Cornmittee on Tax Abatement, said Committee beinl~ comprised of two elected officials from each of the taxing entities involved. One additional staff person from each jurisdiction shall be appointed to serve as a nonvoting, ex officio member of the cov~mittee. The Joint Committee on Tax Abatement serves as a recommendini~ body to the taxinl~ entities rel~ardin~ whether economic development incentives should be offered in each individual case. Their recommendation shall be based upon an evaluation of the followin[~ criteria which each applicant will be requested to address in narrative format: 12 History and Philosophy of the firm: a) Nature of products and geographic penetration. b) Financial statements for past five years or life of firm whichever is shorter. c) Chronology of plant openings, closings, & relocations over past 15 yeare. d) Record of mergers and financial restlmcturing during last five yeare. e) and tr~fing provided for handicapped and Record of employment chronically unemployed. Project Specifications: a) Provide plat of project including all roadways, land use and zoning within 500 feet of site. Legal description of site la required. b) Is the project a relocation or new faci.'.ity to expand operations. If relocation, g/ve current location. c) Project investment in real and personal property at the above site for each of the next ten years. d) Project permanent employment for next ten years resulting from the new investment. Indicate number of jobs that will be filled by people from outside the metroplex; Include estimated averag~ An~nual s~iAry on new jobs. e) What is the total ourrent payroll and the projected payroll when project is completed. f) Describe employment training requirements inclurlini~ provisions for training handicapped and chronically unemployed if applicable. g) Project utility (gas, electricity, water, etc. ) usage for each of next ten 'years. h) Estimate the infrastructure (streets, sewer, water, etc. ) requirements necessary' to operate the new facility. i) Esthnate the annual operating budget for next ten years. j) Will the occupants of the project be owner or lessees? If lessees, are occupancy commitments already existing? k) Give the name, address, and telephone number of contact person. The community impact of the project: a) Project the value of real and personal property that will be added to the tax rolls. 13 III. b) Using current rates estimate the additional taxes that w/l! be directly generated by the project without considering any proposed abatement for each of the affected taxing entities for each of the next ten years. c) For each taxing entity indicate the amount of tax abatement requested for each of next ten years. d) Estimate the increase in investment in other local businesses resulting from the project for the next ten years. e) Estimate the increased housing needs in the area resulting from the project for ten years. f) Estimate the increase in the tax rolls for each taxing entity for the next ten years. g) Estimate the infrastructure construction that would be required because of the growth resulting indirectly from the project. h) Provide the specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting entity. i) Estimate the increase in students by grade level resulting from the project including the multiplier effect (indirect growth) for the next ten years. Show the increase for each impacted school district. j) Provide description of any historically si~nificant area included within the project's area. If any, give detail of how the historically significant area will be preserved. k) Provide information of any detrimental effect on existing businesses, recreational areas, and residential area. 1) Provide details of any benefit to an area of the community targeted for revitalization/redevelopment. VALUE OF INCENTIVES The criteria outlined in Section II will be used by the Joint Committee on Tax Abatement in determining whether or not it is in the best interests of the affected taxing entities to recommend that tax abatement be offered to a particular facility. Specific considerations will include the degree to which the individual project furthers the goals and objectives of the community, as well as the relative impact of the project. New, expanding and modernizing businesses will be eligible for abatement if the minimum threshold, as described below, is met. 14 Once a determination has been made that a tax abatement should be offered, the value and term of the abatement will be determined by referencing the lo,owing table: TABLE 1: Establishes maximum length of abatement according to assessed real property value of improvements and personal property. MAXIMUM MAXIMUM VALUE OF STRUCTURE YEARS OF PERCENTAGE OF AND PERSONAL PROPERTY ABATEMENT ABATEMENT 100 10 25% 80 9 25% 65 8 25% 50 7 25% 35 6 25% 20 5 25% 15 4 25% 10 3 25% 5 2 25% If an existing business is located w/thin the boundaries of the participating jurisdictions and decides to expand or relocate w/thin such boundaries, the actual value of the structure shall be multiplied by 125% prior to utilizing Table 1. If the expanding or relocating business is abandoning any property or improvements w/thin the jurisdictions, the value of this abandoned property shall be subtracted from the new value figure prior to multiplying the value by 125%. The tax abatement shall not apply to any portion of the land value of the project. Applicants agreeing to extend infrastructure improvements (streets and utilities) to improve other industrial sites which can be marketed by the ChAmber of Commerce Economic Development Director may be eligible for a greater tax benefit than those described above by utilizing tax increment financing procedures. The offering of such an inducement will be evaluated on a case-by-case basis dependent upon the applicant's ability to make available improved industrial sites. 15 preliminary Application IV. PROCEDURAL GUIDELINES Any person, organization or corporation desiring that the City or DISD consider providing tax abatement to encourage location or expansion of facilities within the limits of the jurisdictions shall be required to comply with the following procedural gu/delines. Nothing within these guidelines shall imply or sugKest that either the City, or DISD, is under any obligation to provide tax abatement to any applicant. A. Applicant shall complete the attached "Application for Tax Abatement., B. ApplicaNt shall address all criteria outlined in Section II above in narrative form. C. Applicant shall prepare a map showing the precise location of the property and all roadways within 500 feet of the site. D. If the property is described b.y metes and bounds, a complete .legal description shnl! be provided. E. Applicant shall complete all forms and information detailed in items A through D above and submit them to the City Manager, City of Denton, 215 E. McKinney, Denton, TX 76201. Application Review Steps F. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. G. The application will be distributed to the appropriate City and DISD departments for inter,hi review and comments. Additio~__nl~ information may be requested as needed. H. Copies of the complete application package and stdf comments will be provided to the Joint Committee on Tax Abatement. Consideration of the Application I. The Joint Committee on Tax Abatement will consider the application at a regular or called meeting(s). Additional information may be requested as needed. J. The recommendation of the Joint Committee on Tax Abatement will be forwarded, with all relevant materials, to the chief administrative office of each taxing entity. K. The City Council of Denton may consider a resolution calling a public hearing to consider establishment of a tax reinvestment zone. L. The City Council of Denton may hold the public hearing and determine whether the project is "feasible and practical a~nd would be of benefit to the land to be included in the zone and municipality." Spect_A! consideration shall be given to policies noted in the Denton Development Plan when designating a tax reinvestment zone. M. The City Council of Denton may consider adoption of an ordinance designating the area described in the legal description of the proposed project as a commercial/industrial tax abatement zone. N. The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the tax abatement and the c°mmitments of the appticant. Should the commitments subsequently not be satisfied, the tax abatement shall be null _snd void, and all abated taxes shall be paid immediately to the City of Denton and all other taxing jurisdictions participating in the tax abatement agreement. Previsions to this effect shall be incorporated into the agreement. O. The ~ove~nlng bodies of the va~,iouz taxing entities may aonsider ratification of and participation in the tax abatement agreement between the City of Denton and the applicant. 17 Any limited to, 1. 2. 3. 4. 6. 7. 8. 9. 'tax abatement agreement will address various issues, including, but not the following: General description of the project; Amount of the tax abatement and percent of value to be abated each year; Method of calculating the value of the abatement; Duration of the abatement, including commencement date and termination date; Legal description of the property; Kind, number, location _~nd timetable of planned improvements; Specific terms and conditions to be met by applicant; The p~oposed use of the ~acility and nature of ~.onstruction; ContraCtual obligations in the event of default, violation of terms or conditions, delinquent taxes, recapture, administration and assiKnment. Anl~-~! V. valuation Upon completion of construc*.ion, the Joint Committee on Tax Abatement shall annually evaluate each facility receivin~ abatement to insure compliance with the aK~ement and ~eport possible violations of the a~t'eement to the taxtni~ entities. Tr~n=fer or Asaizn~ent A contract for tax abatement may be transferred or assigned by the original applicant to a new owner upon the approval of the various taxini~ jurisdictions after such a recommendation is made by the Joint Committee on Tax Abatement~ A~PENDIX A De~inltion~ A. "Abatement" means the full or partial exemption for ad valorem taxes of eligible p~operties in a reinvestment zone designated as such for economic development purposes. B. "Ago'cement" means a contractual agreement between a property owner and a taxing jurisdiction for the purpose of tax abatement. C. "Basic indtmtries" are defined in the Denton Development plan as those which produce ~oods or services at least 51% of which al~ directed to serve people outside of the City of Denton and are listed in the Standa~i Industrial Classification (SIC) of the Department of Commerce, except for groups 52-59 under retail trade. · D. "Expansion" means the addition of buildings, structures, fixed machinery, or equipment for the purpose of increasing production capaaity. E. "Facility" means property improVements completed or in the process of construction which together comprise an integral whole. F. "Joint Committee on Tax Abatement" is a group of representatives from Denton. County, the City of Denton, and the Denton Independent School District formed to study and evaluate any proposal regarding the offering of tax abatements within the community. The Committee will consist of two elected representatives from each governmental entity and one staff member from each entity. The staff members shall serve as nonvoting, ex officio members. G. "Modernization" means the roplaeement and upgradin~ of existing facilitiea which inov~a~es the productive input o~. output, updates the technology, o~. substantially lowers the unit cost of operation, and extends the econoufic Life of the facility. Modernization may result from the construction, alteration, ~r 19 installation of buildings, structures, fixed machinery, or equipment, it shall not be for the purpose of reconditioning, refurbishing, repairing, or ¢ompletio~ of deferred maintenance. "New facility" means a property previously undeveloped which is placed into service by means other than expansion or modernization. "Rainvestment Zone" is an area designated as such for the purpose of tax abatement as authorized by Subehapter B, Municipal Tax Abatement, Title 3, Local Taxation, Vernon's Texas Codes Annotated. ~Tax increment flnancin~ is the use of some or all of increased property tax revenue resulting from the rodevelopment of an area to finance development-related costs in that district. Tax in*'..Vement financing divides tax revenue from the area into two categories. Taxes on the predevelopment value of the tax base (the tax increment base) ale kept by each taxing body, wh~!e some or all of the taxes from the increased value of property resulting from redevelopment (the tax increment) are deposited by each jurisdiction in a tax increment fund. Money in the tax increment fund is used to repay TIF-backed bonds that are issued to fjnAuce public improvements in the redevelopment area. 20 APPLICATION FOR TAX ABAT]~q~T 1. Property Owner Mailin~ Add~ess Telephone Number 2. Property Owner's Representative Mailing Address Telephone Number 3. Property Address Property LeLml Description (Provide attachments ff by metes and bounds) 4. Located within: City of Denton D.I.S.D Denton County 5. Description of Project: 6. Date projected for occupancy of project/initiation Of operations: Narrative response to ~riteria questions in Section II attached. Yes No Comments: TAAPLI Agenda Agenda Item '7_ Date_ -"~/~n./~0 , AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: February 22, 2000 Utility Administration Howard Martin, 349-8232 SUBJECT: Receive an update on Region C water planning activities for North Central Texas BACKGROUND: In 1997, the 75th Texas Legislature passed Senate Bill 1, legislation designed to address Texas water issues. With the passage of Senate Bill 1, the legislature put in place a grassroots regional planning process to plan for the water needs of all Texans for the next 50 years. To implement this planning process, the Texas Water Development Board created 16 regional water planning groups within the state. North Central Texas, one of the 16 regional planning areas, has been designated Region C. Region C covers part of all of 16 counties and includes the Dallas-Fort Worth Metroplex. The regional water planning process is an ongoing program. The initial plan will be completed in the year 2000. In the year 2001, work on a revised and updated plan wilt be initiated. This continuing planning process will develop revised plans, where appropriate, based on more current data; address concerns that could not be adequately evaluated because key technical data was not available. GOALS The Regional Water Planning Group has adopted the following goals: Develop a plan that will provide sufficient water to meet realistic estimates of demand in a timely manner. Develop an effective continuing planning process to maintain reliable estimates of supply, realistic estimates of demand, and identification of appropriate programs and facilities to meet the water supply needs of Region C. Provide for the water supply needs of Region C in a manner that supports the continued economic strength of both Region C and the state as a whole. Develop a water supply plan that recognizes the economic, environmental, and cultural importance of natural resources and provides for the maintenance of those resources. Provide a water supply plan that addresses the water supply needs of small cities and rural areas, as well as metropolitan areas. Provide a water supply plan that allows for sustainable groundwater use in areas where groundwater is an essential component of the water supply. ISSUES AND CONCERNS The phase of identifying problems is being completed now. The major findings are summarized below. The next phase of the process will identify alternative solutions to identified problems, to the extent feasible, by the deadline for the initial plan, December 2000. SUPPLY NEEDS The projected water needs for Region C in 2050 is approximately 2.5 million acre-feet per year. Currently available resources provide approximately 1.8 million acre-feet per year. Some major water suppliers are projected to need additional water supplies within 10 years. The timing of water supply needs varies significantly among the major water purveyors. This complicates the scheduling and funding of regional water supply projects. Reuse of treated wastewater is a key component of existing plans to meet water needs in Region C. There are regulatop~, technical, and public perception issues that need to be investigated in order to determine the extent to which reuse can meet water supply needs. Groundwater resources are being overdrafted in Cooke, Denton, Grayson, Tarrant, and Parker Counties. The reliability of groundwater supplies in Wise and Henderson Counties is uncertain. Some small towns are on groundwater supplies of unknown capacity, and many of these towns do not have an alternative source of supply. Rural areas are experiencing significant growth, which is creating water supply demands that are difficult for rural water systems to meet. ENVIRONMENTAL CONCERNS Proposed reservoirs and major new diversions from streams must provide releases or bypasses that are adequate to maintain instream aquatic habitats and protect against violations of water quality standards. There are certain environmental concerns that must be addressed as major new reservoirs are developed. These concerns include loss of bottomland hardwood and wetland habitats, inundation of lignite resources, and inUndation of prime farmland. Major construction projects will have to address potential impacts on threatened and endangered species and on riparian or wetland-dependent species. The Texas Parks and Wildlife Department has identified 28 species in these categories that may reside in or migrate through Region C. WATER SUPPLY QUALITY ISSUES It has not been determined whether water from Lake Texoma could be treated for an acceptable cost to levels expected by municipal and industrial consumers in the Metroplex; or whether, alternatively, the Red River Chloride Control Project will improve the water quality sufficiently to enhance the use of Lake Texoma for municipal and industrial purposes. Due to natural conditions, some existing surface water supplies exceed possible future drinking water criteria for arsenic. Treatment to remove arsenic is difficult and expensive using existing technologies. Water quality of some groundwater supplies ahs deteriorated as overpumping has lowered groundwater tables in parts of Region C. Some groundwater supplies exceed existing or proposed primary or secondary drinking water criteria for arsenic, radon, fluoride, nitrate, chloride, sulfate, total dissolved solids, iron, or manganese. REGULATORY ISSUES Current regulatory requirements may limit the extent to which reuse can meet water supply needs. Permitting and construction of a major reservoir will probably require approximately 20-30 years. Many of the promising altematives for future water supplies for Region C will require approval ofinterbasin transfers. SOCIO-ECONOMIC ISSUES Water purveyors, recreational interests, and hydropower generators place competing demands on reservoir waters in storage, and demands are increasing in all of these sectors. Securing water resources in East Texas for transfer to Region C will require development of an arrangement that is beneficial to both regions and meets the socio-economic objectives of each. Conservation programs to limit or reduce water demand will be an important component of plans to meet future water demand. Achieving the conservation goals may require strong local programs. Respectfully submitted: Howard Martin, AsSstant City Manager / Utilities 4 5 CD 0 CD mm uo!~lndO~[ mmm mm m m m m 0 lB I I Il Im Oaa~l-O.~aV) aSfl ~o~gfiA 8 g il uol~lndocl 13 uop,~lndOd (;eet-e.~oe) esr1 0 Z (leel eloe) esl1 ~ele$ (pod6) esr .~ele/~ Figure 1 - Region C and Outside Water Supplies map located in City Secretary's Exhibit File AGENDAINFORMATION SHEET AGENDA DATE: DEPARTMENT: ACM: February 22, 2000 Technology Services Questions concerning this item may be directed to Alex Pettit at 349-8595. Kathy DuBose, Fiscal and Municipal Services SUBJECT: Receive a report, hold a discussion, and give staff direction concerning Intellisys Streaming Media System. BACKGROUND: Early in 1999, management recognized thru providing the ability to view city council meetings over the internet would provide the citizenry with the ability to access City of Denton City Council and/or Planning and Zoning Commission meetings from anywhere. Additionally, this simultaneous broadcast would need to be available to low bandwidth connections (below 1 mb/s) as well as high bandwidth (1 mb/s or faster), necessitating multiple video formats. Substantial research and analysis confirmed the need of a sealable multimedia delivery system that serves the gamut of real world endpoints easy to use and administer. This system is a culmination of this effort toward deriving solutions for the current and future needs of the City of Denton. Further exploration and discussion of this ability identified some other features to the core service of simultaneous broadcasting of the meetings. The ability to view them on demand (to view a meeting from last month today) would have great value. To have the quality of the picture be of acceptable quality if a citizen is viewing a council meeting from a City of Denton library pc, senior center pc, at a recreation center, or from any public building. Finally, to be able to request the video segments when a specific issue was discussed and sort them in chronological order to simplify the review of how an issue went from beginning to end would be of great benefit. This, then, is what this solution is designed to address. The system could be used to catalogue and reproduce any or all of the material broadcast through Channel 26, to capture distance learning sessions, or any other audio/video traffic deemed valuable and desirable to retain and reproduce. PRIOR ACTION/REVIEW: At the Council Meeting on January 18, 2000, the Council requested that this item be brought back for a Work Session report. FISCAL INFORMATION: The system cost of $170,279 is available in the Technology Fund. EXHIBITS: 1. Attachment Respectfully submitted: Director of Technology Services Scalable Multimedia System Implementation Intellisys Group was selected to help provide a streaming media system, to include equipment and materials, submittals, testing, training and warranty. Installation includes engineering, labor and hardware for display, audio, video, control systems and related equipment rack, equipment mounting, plates, panels, connectors, and cables. Scope of Work: Installation of Analog Distribution and Source Switching System--The first order of business is to install a analog audio/video distribution and switching system and equipment rack in the city Council Chambers video control room. A single distribution amplifier will be inserted into the signal path directly in front of the existing Cable Television head end modulator. The signal will be distributed and routed back to the Cable TV head end as well as a new matrix switcher. The audio/visual matrix switcher will be the selection point for all sources that feed the encoding stations. Analog signals from up to 7 other sources may be routed through this switcher in the future (VTR, VHS, Beta, DVD, Other Live Feeds). If other analog audio/video sources (in addition to the existing Cable Television feed) are desirable and available for dedicated use within this single equipment rack space at time of installation, Intellisys Group will provide connections from this additional equipment to the matrix switcher. This capability will be useful for routing audio/video sources (other than the live Cable TV feed) for encoding off line for storage and retrieval on demand. If additional sources or distribution equipment are purchased from Intellisys Group for this purpose before installation commences, these sources will be incorporated into the system with no additional labor charges. Installation of Live Mpeg Streaming Center--A live MPEG streaming device will be installed in the same vertical rack space as the matrix switcher. The MPEG streaming device will take one of the analog audio/video outputs from the matrix switcher as an input signal. The MPEG encoding device will output an MPEG stream over a single 100T connection to be provided by customer. Installation of QuickTime Encoding Center--A live QuickTime Streaming computer will be installed in the same vertical rack space as the matrix switcher. The QuickTime streaming device will take one of the analog audio/video outputs from the matrix switcher as an input signal. The QuickTime device will output a QuickTime stream over a single 100T connection to be provided by customer. Installation of REAL G2 Encodin~ Center--An NT Server with REAL G2 encoding hardware and software will be installed in the same vertical rack space as the matrix switcher. The REAL G2 streaming device will take one of the analog audio/video outputs from the matrix switcher as an input signal. The REAL G2 device will output a I~AL 02 ~tr~am over a single 100T connection to be provided by customer. Installation of Monitor and Switching--A single rack mount monitor and 2 keyboard/mouse trays will be provided for installation in the same rack space as the Encoding devices. The monitor will be capable of switching between the two computer sources. Installation of SGI Origin200 Server Hardware One SGI Origin 200 server with 256mb of RAM, 2 processors and 100G of disk space will be installed in either the same rack as the matrix video switcher or rack space in computer server room to be supplied by customer. Installation of Media Base Software Media Base software will be installed on the SGI Origin 200 server. The Media Base will enable the capture of live digital video streams to file or distribution over enabled networks provided by customer. The platform will serve 100 simultaneous Intranct, Extranet, WAN, and LAN clients. Licensing for more client connections is available from Intellisys Group at an additional charge at the time of installation without added installation costs. Installation REAL Server Software .REAL Video Server software will be installed on the SGI Origin 200 server. This 100-seat server license will enable G2 streams to be served from the SGI Media Base platform to 100 simultaneous client connections. Trainine--The City of Denton will be trained by Intellisys Group and it's designated training resources on the SCI Origin 200 platform, Media Base, G2 Encoding and REAL Server, QuickTime encoding and MPEG encoding machines. An advanced level of UNIS, Macintosh, NT and Networking proficiency will be assumed. Each device has it's own personality and technical requirements, which will be addressed in the training. Assistance Intellisys Group will provide customization services to the Media Base platform. A single Graphic Logo of the customers choosing will be added to the dynamic web pages of the Media Base plaffoim to personalize the web pages for an enhanced client experience. Intellisys Group will provide the City of Denton assistance in the development of a log file export routine. The City of Denton will be responsible for any and all third party costs associated with the development of such a routine. City of Denton will Provide: Space for Equipment and Rack Space The City of Denton will provide a space within the City Council Chambers Video Control room for the installation of rack equipment. The space will have at least 2' of clearance to any surface of the rack for workspace and ventilation. Other equipment rack space for SGI Origin 200 equipment will be supplied by the customer in a location deemed appropriate by the client due to the critical operations and support of the equipment. Environmental Control at Equipment Location All equipment locations provided by the client should be environmentally and physically secure for the operation of electronic equipment. Climate control, ventilation and security should be provided for the space where any and all equipment is housed on a 24 hour 7 day a week basis. All spaces should be free of humidity, dust, and other environmental concerns that affect the operation of sensitive electronic equipment. Power--All equipment must receive clean power with dedicated ground and ample isolation from mechanical devices. UPS is a desirable option. Intellisys Group can provide UPS units at an additional cost. Suitable Network Connections--Network connections will be provided by the customer for all installed equipment. The connections should be switched Ethernet auto sensing ports of 10/100T or better. Intellisys Group can provide network equipment and cabling at an additional cost for a total end to end solution and ensured quality of service to the equipment location. Guaranteed Network Quality of Service The City of Denton is responsible for providing an ideal network and end to end quality of service for all network segments enabled for distributed media. The City of Denton is responsible for all costs associated with updating or upgrading network hardware to ensure multimedia traffic capability. Intellisys Group can provide network equipment support, updates and upgrades to guarantee these capabilities at an additional cost. End to End Network Technical Knowledge and Configuration Support Network capability and knowledge is paramount to the success of this project. The City of Denton will provide network experts and labor with comprehensive network skills and knowledge base for this network and any attached network segments including, but not limited to, WAN, LAN, MAN, HAN, Extranet, Intranet and any other attached network. These experts should have complete command of the network equipment from end to end. Intellisys Group can provide these experts on an ongoing basis at an additional cost. Extensive Network Diagram and Documentation--The City of Denton will provide Intellisys Group all documentation to support existing and future network structures. These documents will describe and document the network architecture, structure, equipment and operations in detail. If this documentation is not available, Intellisys Group can provide a service to compile this information at an additional cost. Extensive Computer Platform support and Maintenance Labor--The City of Denton will provide expert labor to maintain and support the installed equipment. This expert labor will be proficient in the operations and maintenance of NT, Macintosh, UNIX, Telnet, HTML, WEB Server and Network Equipment. These experts will be trained comprehensively on the operation of-the installed equipment. Intellisys Group can provide a service to staff and support these systems at an additional cost. Multimedia Content--The City of Denton will provide any and all content for distribution by this system. The City of Denton assumes all liability for the capture, storage, distribution and issuance of content from thc system. Agenda No, Agenda item AGENDA INFORMATION SHEET AGENDA DATE: February 22, 2000 DEPARTMENT: Utility Administration ACM: Howard Martin SUBJECT: Hold a discussion and provide staff direction regarding odor abatement at the Wastcwater Treatment Plant. At the February 1, 2000 City Council Meeting, Council Member Young asked that this item be placed on a City Council Work Session for discussion. BACKGROUND: The City of Denton Water Reclamation Division prides itself in being a leader in the state in all areas associated with the treatment of wastewater. We take any complaints associated with this facility very seriously, and we thoroughly investigate any complaint. We received an odor complaint from Mr. Lawrence on December 24, 1999. Plant staff met with Mr. Lawrence to gather information on the nature of his complaint. He was given phone numbers of plant staff so he could call directly and infomi staff of any odor problems he was detecting. Two weeks later, we received copies of e-mail that he had sent to Council. Since that time someone called and filed a compliant with TNRCC. The TNRCC inspector visited the site on February 8, 2000 to check the complaint. TNRCC has established criteria for odor problems. The criteria range from 1 to 5, with one indicating almost no detectable odor. On the day the TNRCC inspector visited our site, she ranked the odor at our facility at most a "faint 2" near the compost operation. This is well below the level of concern, and odors on site can be significantly greater than detected during the inspector's visit without being a cause for concern. She stated that odors off our property were below the criteria and further stated that she "saw no reason for odor concerns off our property". At Council's request it may be possible to arrange for the inspector to attend a City Council meeting and further discuss her visit and findings. Her official written report will not be available until after March 8, 2000. We are constantly working to minimize odors that might come from the plant site through operational control measures, procurement of additional buffer areas around the facility, or experimentation with new odor control measures. The Water Reclamation Plant was constructed in 1965. At that time, predominantly rural areas surrounded the plant. Since that time, developments have located in close proximity to the plant. In the 1980's a number of homes were constructed to the north of the plant including that belonging to Mr. Lawrence. It is possible that as increased development occurs near the plant and as the size of the Water Reclamation Plant continues to grow that the frequency of odor complaints may rise, even though odor control measures are incorporated into plant expansions. The Wastewater Treatment Plant is currently in the preliminary design phase for expansion from 15 MGD to 21 MGD. We have requested that the engineering firm conducting the preliminary design investigate odor control measures associated with the plant processes. We will be receiving information in the form of a technical memorandum from Camp Dresser & McKee. In addition to this engineering study, we have taken the following steps to address odor issues: 1. We have increased the wood chip to biosolid ratio. We contacted Global Odor Control Technologies and other companies utilizing essential oils as odor control strategy. A survey of odor control techniques being utilized by other cities is being conducted. An experimental composting project utilizing lime stabilization of biosolids prior to composting is underway. 5. We are documenting wind direction and nature of odor complaints. 6. We will be visiting several in vessel composting operations. 7. Staff is working with the University of North Texas on odor control research. Plant staff will continue to document the nature of odor complaints to verify their source. There are several facilities located in this area that have the potential of generating odors. The complete elimination of odor from the composting facility would not guarantee an elimination of odor complaints. We will bring back a report to council when the data collection phase of this project is complete. Options Staff will develop a more comprehensive report on odor control options at the Pecan Creek Water Reclamation Plant. Recommendation: Operations staff will continue to optimize facility performance to minimize odor and improve odor control techniques. Estimated Schedule of Project On going Prior Action/Review (Council, Boards, Commissions) None Fiscal Information Not available at this time Bid Information N/A Respectfully submitted: ~s°~s~tMc~t ~nI~l~anag; U~' litie~ Prepared by: Ji~J Cou[er Assistant Director of Wastewater Utilities AGENDA DATE: DEPARTMENT: CM/I)CM/ACM: AGENDA INFORMATION SHEET February 22nd, 2000 Planning & Developme~nt~/~ _ Dave Hill, 349-8314,~~ 0a, e SUBJECT Receive a report, hold a discussion, and give staff direction regarding the draft Interim Nonresidential Standards Ordinance. BACKGROUND The draft Interim Nonresidential Standards Ordinance is scheduled for work session discussion on February 22ha. The draft ordinance has been reviewed during two meetings sponsored by the Denton Chamber of Commerce, and a summary of comments, proposed staff revisions, and revision options is provided in Attachment 1. Pending Council comments on February 22nd and P&Z comments on February 23rd, staff will revise the draft ordinance in preparation for the March 2nd joint City Council / P&Z public hearing, after which ordinance adoption may be considered. The ordinance was opposed in general by those who attended the Chamber of Commerce meetings. If approved, several revision were requested as noted in the attached ordinance. Three major issues have emerged that are discussed in detail below: Issue #1: Multiple-Lot Platting During the first Chamber / City Staff meeting, a question was asked regarding the ability of a developer to subdivide and plat an entire site without preparing Project Plans for all land parcels. In reviewing the ordinance, staff found that only a parcel with an approved Project Plan may be platted. This prevents the sale of parcels to individuals that may want to pursue Project Plan approval on their own, and will discourage proper master planning for utilities and other infrastructure. Staff proposes to allow platting consistent with an approved Zoning Plan. Zoning Plans will have to contain lot dimension information to facilitate this change. Project Plans can then be approved prior to building permit issuance. The chart below illustrates the change form a linear process to a more flexible dual track process: Linear Process (Current Draft) ZONING I PROJECT PLAN PLAN PRELIMINARY PLAT FINAL PLAT BUILDING PER31IT Dual Track Process (Proposed) Issue #2: Environmentally Sensitive Areas (ESA's) ESA's were discussed at length during the Chamber meetings. In the Interim Residential Regulations, ESA's must be preserved, and limited density transfer is provided to compensate the property owner for the loss of potentially developable residential land. In the case of the nonresidential ordinance, however, there is no provision made available to compensate for the loss of nonresidential development potential. Instead, ESA's must be ... "preserved to thc fullest extent possible." This has been criticized as ambiguous and potentially capable of amounting to a land taking without due compensation. Developers are also concerned that the review process could result in forced dedication of ESA's as a condition of zoning. Further legal research is being conducted regarding this issue and will be made available to Council on February 22na. Issue//3: Architectural Design & Review The issue of architectural review was discussed during the Chamber meetings on two levels. From a broad standpoint, Council was asked to drop the idea of architectural review altogether. Council will have to decide if this policy issue should be discussed again. Specific comments were made as indicated in the attached ordinance. Staff has agreed on several occasions that the architectural and some of the other design standards are broad-based and flexible to allow evaluation of different building types that may vary considerably. Comments were received that indicated that the design standards should much more specific to reduce uncertainty during Council review. S~aff agrees that specific design standards are preferable, and has indicated that the Code Rewrite has will work toward several categories of specific design standards. Another issue raised was that of the format of architectural design review information. The current draft ordinance requires an architectural elevation drawing for all structures to be located on the property. Two other options were discussed, and may have some merit: 1. If the architectural information approved as part of a Project Plan is consistently applied to remaining phases of the property, staff could be authorized to issue building permits without each and every building design having to be approved by Council; or 2. If the property owner is willing to submit a written set of performance standards for Project Plan review and approval, actual elevation drawings and structure-specific information might not be necessary. Staff will pursue either of the options if instructed to do so by Council. OPTIONS 1. Make no revisions. 2. Revise the ordinance as appropriate in response to Chamber or staff comments. 3. Postpone the draft ordinance review process to a later date. RECOMMENDATION Several revisions should be made to the draft ordinance. The Project Plan requirement should not interfere with platting, provided the approved Zoning Plan contains enough information regarding lot size. The ESA and architectural review issues are the most significant outstanding issues, and will not be resolved without compromise. ESTIMATED PROJECT SCHEDULE Tuesday, February 22na City Council work session Wednesday, February 23rd P&Z work session Thursday, March 2nd Joint Council / P&Z public hearing; P&Z makes recommendation; Council considers ordinance adoption PRIOR ACTION/REVIEW December 14th, 1999 December 14th, 1999 January 4th, 2000 January 11th, 2000 January 25th, 2000 January 26th, 2000 February 8th, 2000 February 14th', 2000 February 15th, 2000 February 16th, 2000 City Council work session review GR & C moratorium ordinance adopted (Ordinance No. 99-474) GR & C moratorium ordinance amended (Ordinance No. 2000-017) City Council work session review City Council work session P&Z work session Joint City Council / P&Z public hearing Chamber Committee / City Staff Meeting Council adoption of ordinance to conduct March 2nd joint public hearing Chamber of Commerce-sponsored open meeting FISCAL INFORMATION A higher level of analysis will be required to meet Zoning Plan and Project Plan review requirements than has been required in the past. The ordinance, if adopted, will create higher application preparation costs. The cost of staff review and increased processing time will also rise. If the higher costs result in better planning and more efficient design, as is the intent of the ordinance, the increased upfront costs will be offset by longer term savings once the development is built. ATTACHMENTS 1. Draft Ordinance: Edit Copy 2. Attendee List: Chamber of Commerce Meeting, February 16th, 2000 Assistant City Manager, Development Services 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ~3 44 C:'~VIy Doeuments\Ordiniances~Comp Plian lmplementnfion~Int Regs - Nonresidentiaal\Driaft #6 Int Nonres Stndrds Ord - Edit Copy 22feb00.docC=?.~y EDITING COMMENTS This document has been prepared in response to meetings held on February 14th and 16th, 2000, at the Denton Chamber of Commerce. A Chamber of Commerce committee has indicated that it does not support adoption of the Interim Nonresidential Ordinance. However, ff adopted, the Chamber committee and other meeting attendees offered several revision recommendations that are noted using editing comments in this draft version of the ordinance. Revisions supported by city staff are noted using strikethrough text for recommended deletions, and additions are noted in bold text. Any revisions or comments shaded in gray were added after the February 16th Chamber meeting. Options noted for Council consideration are identified under the heading of "CHAMBER RECOMMENDATION." Review of the ordinance will continue as per the following schedule: · Tuesday, February 22"d, at 6:30 PM - City Council work session; · Wednesday February 23rd, at 6:00 PM - Planning & Zoning Commi.~sion work session; · Thursday, March 2"a, at 6:00 PM - Joint City Council / Planning & Zoning Commission public hearing and possible ordinance adoption. All City Council and Planning & Zoning Commission meetings will be held in the Council Chambers at City Hall on McKinney Street, and are open to the public. ORDINANCE NO. Attachment #1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND CERTAIN SPECIFIED NONRESIDENTIAL DEVELOPMENT APPLICATIONS PENDING ADOPTION OF A REVISED DEVELOPMENT CODE; PROVIDING FOR ADMINISTRATION OF SUCH STANDARDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Denton has enacted by Ordinance No. 99-439 a new Comprehensive Plan for the City of Denton on December 7, 1999, and superceding the Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to the location and intensity of retail and commercial land uses; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and Page 1 of 21 ,,~_~ ~ ^~, lo .3 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 ) 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 88 C:~My Documents\Ordinances\Comp Plan Implementafion~Int Regs - Nonresidential~Draft/46 Int Nonres Stndrds Ord - Edit Copy 22feb00.docC:?-~-y WHEREAS, it appears that substantial applications for approval of nonresidential developments are likely to occur in the intervening time period; and WHEREAS, it further appears that approval of such development applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, the City of Denton has enacted Ordinance 99-474~ Ordinance 2000-0172 ~~ estabhshmg~ amendmg~ a moratorium pending the adoption of interim standards for applying the policies of the comprehensive plan for certain specified commercial development applications; and WHEREAS, Chapter 219 of the Texas Local Government Code authorizes municipalities to enact regulations defining the consistency between comprehensive plan proposals and development regulations; and WHEREAS, a joint public hearing between City Council and the Planning and Zoning Commission was held on February 8, 2000; and WHEREAS, the City is desirous of allowing property owners to proceed with development applications for nonresidential uses pending the adoption of permanent revisions to the Land Development Code, subject to interim standards that safeguard the health, safety and general welfare of the community; and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: Section I. Interim Development Regulations. The following provisions hereby are incorporated as interim development standards pending the adoption of permanent revisions to the City's Code of Ordinances that implement the policies, goals and strategies contained in the adopted Comprehensive Plan concerning nonresidential land uses. Pending adoption of such permanent revisions, these interim development regulations shall supersede conflicting provisions of the City Code of Ordinances, including in particular and without limitation Chapter 34, Subdivisions, and Chapter 35, Zoning, and shall read as follows: Page 2 of 21 Page I cf I $ 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 C:\My Documents\Ordinances\Comp Plan Implementafion~Int Regs - Nonresidenfial~raft #6 lnt Nonres Stndrds Ord- Edit Copy 22feb00.docC:?.{y SECTIONA. GENERAL PROVISIONS 1. Intent and Purposes. It is the intent and purpose of these regulations: to facilitate proper and detailed evaluation of nonresidential zoning and rezoning applications within city limits in order to render such applications consistent with the policies, goals and strategies concerning land use, land use intensity, and related growth management objectives set forth in the newly adopted Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35 and other applicable provisions of the City's Code of Ordinances (which changes hereinafter collectively are referred to as the "Development Code") that implement such policies, goals and strategies; bo to facilitate proper and detailed evaluation of nonresidential preliminary and final plat applications within city limits in order to render such applications, to the extent allowed by law, consistent with the policies, goals and strategies concerning land use, land use intensity, and related growth management objectives set forth in the newly adopted Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35 and other applicable provisions of the City's Code of Ordinances (which changes hereinafter collectively are referred to as the "Development Code") that implement such policies, goals and strategies; Co to permit property owners to submit applications for nonresidential development during such interim period, in order to receive preliminary or fmal approval f~om the City for such projects, subject to limitations herein set forth; and do to integrate the limitations and standards herein imposed with the City's existing development regulations governing retail and commercial land uses during the pendency of this ordinance. 2. Apolicabilitv. These interim regulations apply to the following types of nonresidential development applications. Requirements of this ordinance vary according to the type of application submitted for approval: Standards for zoning plans and project plans apply to the following types of development applications and must be satisfied prior to approval of such applications. Standards for zoning plans and project plans apply to the following types of development applications. Standards for zoning plans must be satisfied prior to approval of such applications. Standards for project plans may be satisfied at the same time or may be deferred, ':.';.~h C:.b' Co".~ncil approval at the property owner's Page 3 of 21 Pag~ ! c,f !g .3 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 176 C:~VIy Documents\Ordinances\Comp Plan Implementafion~lnt Regs - NonresidenfiaBDraft #6 Iht Nonres Stndrds Ord - Edit Copy 22feb00.do¢C:~.!y discretion, for satisfaction at a later time, but no later than prior to or contemporaneous with p~:w~t:~:~4....-,~..u~.:~,~.~9~m~ ...... ~ approval: Chamber Recommendation: Project Plans have to be approved before platting. If this sequence interferes with development of multi-phase projects, particularly if utility connections are hampered by inability to plat the entire site, then revisions should be made. (1) an application to amend the City's zoning map to a nonresidential zoning district classification provided for in the existing City Code of Ordinances, including a Planned Development District containing nonresidential land use classifications; (2) an application to amend a Concept Plan or Development Plan containing nonresidential land use classifications.in an existing Planned Development District, (3) an application to amend a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, where the proposed changes to the detailed plan involve land use, lot size, lot dimensions, lot coverage, or building size; or (4) an application to approve a zoning application proposing nonresidential land use classifications accompanying an annexation agreement; bo Standards for project plans apply to the following types of development applications and must be satisfied prior to approval of such applications: (1) an application to approve a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, in which a Concept Plan or Development Plan was approved for the property and which does not propose changes to such Concept plan or Development plan; (2) an application to amend a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, in which a Concept Plan or Development Plan was approved for the property and which does not propose changes that involve land use, lot size, lot dimensions, lot coverage, or building size; or (3) an application to approve development on undeveloped land involving an existing nonresidential zoning district; or (4) an application to replat land within an existing nonresidential zoning Page 4 of 21 Page. ! c. flg 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 C:\My Document~\Ordinances\Comp Plan lmplementafion~lnt Regs - Nonresidential~Draft 06 gut Nonres Stndrds Ord- Edit Copy 22feb00.docC:~?.y De_~umzn'.z\C'r~_:.n~-.:::~.C~mpp!a::!rz~'emcnta~n~ntp.:g: 5!~,-_-e:~dcn~a!~&~-a.~.~.~Skn:,x!:r~-::~_'c:.~:~ C~Ep.c:.{::en:!5fe~Og.d. district, that increases the intensity of proposed land uses, through increases in building size, lot coverage, or traffic generation. All new and pending nonresidential Planned Development Detailed Plan, preliminary plat or f'mal plat applications that are not required to submit a Zoning Plan as per Section A.2.a., shall be evaluated for Comprehensive Plan Consistency, subject to the standards and limitations as herein set forth. do Any application to amend a Concept Plan, Development Plan or Detailed Plan in a Planned Development District(s) must include all contiguous, undeveloped land in unified ownership within such District(s), and all such land is subject to the requirements of this ordinance. Exemptions. This ordinance does not apply to: a. any nonresidential development application accepted for filing prior to December 15, 1999 for which Concept Plan, Development Plan, or Detailed Plan approval occurred on or after April 7, 1998; or b. any final plat that has been approved: CHAMBER RECOMMENDATION: any property located within the Central Business District should also be exempt. Duration. This ordinance shall remain in effect until such time as the City enacts its Development Code, as reflected in Section 1.2.a, to implement the policies, goals and strategies concerning nonresidential land uses and related growth management objectives set forth in the newly adopted Comprehensive Plan. Effect on Other Regulations. It is the intent of this ordinance that the standards set forth herein supercede any conflicting standards under existing development regulations that apply to the development application. It is the further intent of this ordinance that provisions of existing development regulations not in conflict with provisions of this ordinance remain in effect and that such provisions apply with full force and effect to the development authorized under this ordinance. Page 5 of 21 Page I c,f l°,g, .1 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 2o4 C:~!Vly Documents\Ordinances\Comp Plan lmplementafion~Int Regs - Nonresidenfial~Draft #6 Iht Nonres Stndrds Ord - Edit Copy 22 feb00.docC:X~.~.y SECTION B. DEFINITIONS. For purposes of this ordinance, the following terms are defined to mean: Accepted_forfiline means the status of a development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinances. In addition, a development application shall not be considered accepted for filing if there is a condition precedent to the filing that has not been fulfilled. Ci~ means the City of Denton, Texas. Communi~ Activity Center means the area def'med and described in the Ci~ of Denton Comprehensive Plan. Concept plan means a general concept plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Development application means the application form and all accompanying documents and exhibits required of the applicant by the City for development review purposes and includes any of the following applications for nonresidential uses: zonings, rezonings, planned developments, concept plans, detailed plans, development plans, preliminary and final plats. Development plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Director means the Director of Planning and Development or his designate. Downtown Universit~ Core District means the area defmed and described in the City of Denton Comprehensive Plan. DRC means the city's Development Review Committee. Envtronmentall~, Senstttve Areas (ESAs) m~ ~~~~~l~ ~ ,~ ~,~~~ :~ ~ ~-;~~ that is shown on the City of Denton Environmentally Sensitive A~~ mcludes,, ~;;'~¢~h~2~i~*v~x~ flcmclwav flnndnlnin frinoe riparian area, wetlands, ponds, lakes, rivers, and upland wooded habitat areas., ~-~ * ...... ~.~ ,~, ..... ~ ~o/_ ~ Finalplat means a final plat as defined in Section 34-11 and as provided for in Section 34-15 Page 6 of 21 Page I ~fl~ 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 C:\My l)ocuments\Ordinances\Comp Plan Implementation~Int Regs - Nonresidential'al)raft//6 tnt Nom'es Smdrds Ord- Edit Copy 22feb00.docC:~.{y Dc. cumcntz\C~2.~:.nz.':zz:~,Cem~. Pla.*: !.-zp!zmzntaticnxLnt P. zgz Ncn~z~c=t~z!xLZ'm.-~ #5 ~t Nc.-~-z: E~-'~: ~ Cz.~2 P.z:'.:z~cn: of the Code of Ordinances of the City. Floodplain means the area designated as subject to flooding from the base flood (one-hundred- year flood) on the flood insurance rate map. The floodplain includes the floodway. Floodway means a river, channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (one-hundred-year flood) discharge without cumulatively increasing the water surface elevation any point more than one (1) foot above that of the pre-floodway condition, including those designated on the flood insurance rate map. FloodwaF fringe means the area located within the floodpla'm and outside the floodway. Neighborhood Center means the area defined and described in the City of Denton Comprehensive Plan. Nonresidential, nonresidential zoning district or nonresidential uses means any land use that is not a multi-family dwelling, two-family dwelling, one-family dwelling, attached, and one- family dwelling, detached uses. This def'mition includes all land uses listed in Section 35-77 of the City of Denton Code except all uses listed under "B. Primar~ Residential Uses" and "J. Agricultural Type Uses - Farm or Ranch." Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City. Prelimina~_plat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordinances of the City. Property owner means an all inclusive term denoting the person with primary responsibility toward the city to see that these development rules and regulations and the ord'mances of the city are complied with. The term includes person, firm, corporation, partnership or agent, attomey- in-fact, manager or director, developer. Such term as used in this chapter always includes one (1) or more of the persons enumerated in this section who own all or any part of the land which is contemplated to be developed. Quah?Jed masons_product means brick, stone, stucco or masonry material that replicates brick, stone or stucco. Regional Activity Center means the area defined and described in the City of Denton Comprehensive Plan. Re~oning means an application for amendment, supplement or change to zoning as provided for Page 7 of 21 Page I cf 1 g 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 >>2 C:~My Document~\Ordinances\Comp Plan lmplementafionHnt Regs - Nonresidential[Draft #6 lnt Nonres Stndrd* Ord - Edit Copy 22feb00.docC:X~.s.y in Section 35-7 of the Code of Ordinances of the City and includes an application to amend or approve a concept plan, development plan or detailed plan. Street tree means a tree that is listed on the city's list of eligible street trees adjacent to a public right-of-way. Zoning means an application for the first zoning classification and land use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City the establishment of a planned development and approval of a concept plan, development plan or detailed plan. Zoning approval means the adoption of an ordinance approval zoning or rezoning and includes approval of a concept plan, development plan or detailed plan. Zonin~ ma, means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City. SECTION C. ZONING PLANS 1. Zoning Plan Requirements. Every nonresidential development application identified in Section A.2.a shall be accompanied by a zoning plan. The zoning plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the nonresidential development application, based upon the standards set forth in this section; provided that all other standards applicable to the nonresidential development application have been met. If the development application already contains the information and documents set forth in this section, then such application may be treated as a zoning plan and shall be evaluated under the standards in this section. If the application is approved or approved with conditions, the zoning plan shall be incorporated as a part of the approval. A zoning plan shall contain the following: a. Project name, vicinity map, scale, north arrow, and date. location ~~ of proposed land uses for the property to be developed for nonresidential land use and any contiguous property in unified ownership. ~ Page 8 of 21 Page, I cf l°g 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 C:~aMy DocumentsXOrdinances\Comp Plan Implementntionklnt Regs - Nonresidenfial~Draft ~6 Iht Nonres Stndrds Ord- Edit Copy 22feb00.docC:~.~y eo Any reservations or dedications proposed. Location of all Environmentally Sensitive Areas, including any field inspection information that provides more detail for clarification purposes, and an indication of any planned mitigation to changes to natural features. All open space to be preserved consistent with standards set forth in this ordinance. An assessment of public facilities, demonstrating the adequacy of or provision for public facilities serving the proposed development. Proposed compatibility measures to be incorporated into the project design, including adjacent density, building materials, or buffering and screening from adjacent uses. Zoning designations adjacent to the proposed development. The proposed method, connection, provider, and location of: (1) The proposed water system. (2) The proposed wastewater system. (3) The proposed method of drainage of the property. (4) The proposed method of erosion and sedimentation control. Location of drainage ways, environmentally sensitive areas, or public utility easements in and adjacent to the proposed development. Location and size of existing utilities along or within any easement. Limits of 100-year floodplain and floodway. A Traffic Impact Analysis shall be required for any proposed site development that can be reasonably expected to generate more than 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trip ends during a single hour. Vehicular linkages, if any, to adjacent properties in accordance with access management principles. Drainage Study, to the extent needed to determine land areas subject to dedication or reservation for drainage purposes. Water and Wastewater Demand Calculations~ to the extent needed to determine that adequate water and wastewater services are available to serve the property. Location of existing utilities. Any other information deemed necessary by the Director to analyze the project. Standards Applicable to Zoning Plans. a. Nature of Standards The standards contained in this section governing zoning plans are minimum standards. These interim development regulations are not intended to limit the Page 9 of 21 r~ ~ , ~c, o C:~VIy Documents\Ordinances\Comp Plan lmplementafionHnt Regs - Nonresidential\Draft #6 iht Nonres Smdrds Ord - Edit Copy 22feb00.docC:~?.y / 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 440 be discretion of the City Council to deny a nonresidential development application that achieves the minimum standards contained in this section, or to condition the application based upon overall considerations of health, safety and general welfare. Comprehensive Plan Consistency Standards. (1) Land Use Plan and Land Use Intensity. Zoning plans for nonresidential uses must demonstrate consistency with .the standards set forth in the comprehensive plan, including the land use plan and district designations. (2) Environmentally Sensitive Areas. Environmentally Sensitive Areas (ESAs) shall be indicated on the Zoning Plan and preserved to the fullest extent possible. Zoning Plan applications shall indicate the extent to which ESAs have been preserved, alternatives that have been evaluated to avoid detrimental impacts, and proposed methods to mitigate disturbances deemed unavoidable. (3) COmpatibility Standards. Zoning plans must demonstrate that the proposed development is compatible with the existing and planned adjoining uses and the character of the area in which the project is located, as per the following standards:: (a) Masonry. If50% of the structures located within 500 feet of the boundary of the project have at least 50% of all elevations (excluding windows and doors) comprised of qualified masonry products, then all structures within the project should have elevations comprised of no less than 75% qualified masonry products. Chamber Recommendation: Masonry inventory for structures should only encompass 200 feet (rather than within 500 feet); and the percentage of masonry required should reflect percentage of existing masonry (rather than additional 25%) (h) Landscaping and Screening. LandScaping and screening shall be used to ensure compatibility with adjoining uses according to the following standards: Page 10 of 21 Page 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 C:kMy Documents\Ordinances\Comp Plan lmplementafionUlnt Regs - Nonresidential~)raft #6 iht Nonres Stndrds Ord- Edit Copy 22feb00.docCP3.~.y (1) For existing single-family residential land uses adjacent to proposed nonresidential development: i. Minimum bufferyard width of 20 feet: ii. Minimum number of canopy trees equal to 1 per 15 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 2 for each canopy tree. (2) For existing multi-family residential land uses adjacent to proposed nonresidential development: i. Minimum buffet'yard width of 15 feet: ii. Minimum number of canopy trees equal to 1 per 20 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 1½ for each canopy tree. (3) ~o~t~x For existing nonresidential land uses considered to be lower in land use intensity adjacent to proposed nonresidential development considered to be higher in land use intensity: i. Minimum bufferyard width of 10 feet: ii. Minimum number of canopy trees equal to 1 per 25 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 1 for each canopy tree. Chamber Recommendation: If nonresidential project is developed adjacent to undeveloped property, bufferyard should either be required of the adjacent property when it develops, or should not be required at afl. Berms or fences should be allowed to reduce bufferyard width or number of required trees. Minimum tree size at installation should be reexamined. (4) Adequate Public Facilities (a) The land proposed for development must be served adequately by essential public facilities and services. No development application subject to these interim development regulations may be approved unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities, drainage facilities and transportation facilities which are necessary to serve the development proposed, whether or not such facilities are to be located within the property being developed or offsite. Page 11 of 21 Page ~5 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 ~28 C:~Vly Documents\Ordinances\Comp Plan Implementation\Iht Regs - Nonresidenfial~Draft #6 Iht Nantes Stndrds Ord- Edit Copy 22feb00.docC:~.~-y (1) (2) Proposed public improvements shall conform to and be properly related to the City's subdivision regulations, applicable master plans and capital improvement plans. The City may require the phasing of development or improvements in order to maintain current levels of service for existing public services and facilities or for other reasons based upon maintaining the health, safety and general welfare. SECTION D. PROJECT PLANS 1. Project Plan Requirements. Every nonresidential development application identified in Section A.2.b and which is not exempt under Section A.3 shall be accompanied by a project plan. In addition, every development application identified in Section A.2.a which deferred satisfaction of project plan requirements at the time of approval of the zoning plan must receive project plan approval prior to or contemporaneous with preliminary plat approval. The project plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the nonresidential development application, based upon the standards set forth in this section; provided that all other standards applicable to the nonresidential development application have been met. If the development application already contains the infonc, ation and documents set forth in this section, then such application may be treated as a project plan and shall be evaluated under the standards in this section. If the application is approved or approved with conditions, the project plan shall be incorporated as a part of the approval. A project plan shall contain the following: mAll of the information contained in a zoning plan b. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development, right-of-way, pavement widths, sidewalks, and bikeways. c. Lot layout with dimensions for all lot lines and lot area. d. Location and use of all proposed and existing buildings, driveways, fences and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. e. Area calculations: (1) The total area in the development. (2) The gross floor area of all existing and proposed strucures. Page 12 of 21 Pagz: cf !E 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 C:LMy Documents\Ordinances\Comp Plan Implementafion~lnt Regs - NonresidenfialLDraft #6 lnt Nonres Stndrds Ord - Edit Copy 22feb00.docC:~-My (3) Area and percentage of the total project area coverage by: i. Structures. ii. Streets, roads, and alleys. iii. Sidewalks. iv. Recreation areas. v. Landscaping. vi. The total area covered by tree canopy at maturity of the trees. vii. Parking areas. Location and size of all existing and proposed public utilities in and adjacent to the proposed development with the locations shown off (1) Water lines and diameters. (2) Sewers, manholes and cleanouts. (3) Storm drains and catch basins. (4) Fire hydrants. (5) Access, location, and screening ofa!l dumpsters. (6) Location and size of all public utility easements. Location, size, and use of contemplated and existing public areas within the proposed development. A topographic map of the site at a two-foot contour interval. Location of all parking areas and all parking spaces, ingress and egress on the site, and on-site circulation. Use designations for all areas not covered by buildings, parking, or landscaping. mo A landscape plan showing in detail the location, type, and size of the proposed landscaping and plantings, and all calculations necessary to indicate compliance with Chapter 31 of the Code of Ordinances, The elevations, surface area in sq. ft., illumination type, height, and construction (material and style), and locations of all proposed signs for the development. The typical architectural elevations for all structures proposed within the Project Plan area. All project plans shall indicate the material, ce!er, m windows, doors, and other design features of proposed structures, including all visible mechanical equipment, such as for heating and cooling. Elevations shall be submitted drawn to scale of one (1) inch equals ten (10) feet or greater. CHAMBER RECOMMENDATION: The requirement for architectural information is not needed. The City Council should not be able to dictate building design to the property owner. Page 13 of 21 Page ! ,~f ig C:~My Documen~Ordinances\Comp Plan lmp/ementafion~lnt Regs - Nonresldenfial~Drafl #6 Iht Nonres Smdrds Ord - Edit Copy 22feb00.docC:?.~.y 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 o. Any other information deemed necessary to analyze the project. Project Plan Standards. Minimum Project Plan Standards The following minimum standards of project design shall be addressed in the project plan: CHAMBER RECOMMENDATION: In general, the Project Plan standards are not supported. Discretion to review visual quality and the appropriateness of design is subjective and adds uncertainty to the review process. A property owner should be able to control site and building design. (1) (2) (3) Underground Utilities - All developments must provide for underground utility installation, excepting electrical main sub-station feeders. Interconnected streets - Where applicable, all streets must connect to other streets at both ends, or provide for the future connection when adjacent to undeveloped property. Architecture - Architectural design should be appropriate for the use and location of the proposed land use. Building orientation should be toward the street, with prominent major entrances designed to be attractive and functional also facing the street. Building scale should be compatible with nearby structures in te~ms of height, mass, and bulk. Mechanical equipment or storage areas should not be visible from the street. Facades should incorporate windows, offsets, jogs, or other distinctive changes to avoid visual monotony. Where appropriate, roofs, alcoves, porticoes, and/or awnings should be used for pedestrian climate protection. Building materials should be appropriate for the use and location of the development. CHAMBER RECOMMENDATION: Council does not have the expertise to review architectural design, and should refrain from so doing. (4) Garage door orientation and setbacks - Garage doors should not face any adjacent street frontages, except alleys. Where site limitations preclude the opporttmity to orient garage doom away from the street, other design measures should be employed to screen or minimize visibility f~om public rights-of-way. CHAMBER RECOMMENDATION: This concept marks a return to the "Corridors" Ordinance, and should not be included in the ordinance. Page 14 of 21 Pagz i of Ig 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 6~.~. 645 646 647 648 649 65O 651 652 653 654 655 656 657 658 659 660 C:~My Documents\Ordinances\Comp Plan lmplementation~1nt Rags - Nonresidential\Draft #6 lnt Nonres Stndrds Ord - Edit Copy 22feb00.docC:?.fy (5) (6) (7) Access management principles should be employed to minimize traffic flow disruptions on collector and arterial streets. Street trees - One (1) street tree per 50 linear feet of lot boundary adjacent to a street. Pedestrian Circulation and Linkages - The Project Plan should provide safe and convenient pedestrian circulation appropriate to the proposed land use. Pedestrian linkages to adjacent properties should be facilitated in appropriate locations. CHAMBER RECOMMENDATION: This provision is ambiguous and could be interpreted in many different ways. It should be deleted. (8) Parking Visibility - Parking areas should be screened from public rights- of-way to the extent possible. When visible from public rights-of-way, parking areas should be organized in smaller sub-lots to avoid large, uninterrupted expanses of pavement. (9) Lighting - Lighting shall be designed in a manner that will not shine upward, minimizing the diffusion of light into the atmosphere, and shall not shine on adjacent properties. (10) Traffic calming devices - Approved traffic calming devices should incorporated into the street patterns where appropriate. (11) Fences - Fencing should be treated as a design element, and be visually appropriate for its proposed location. Attention should be paid to details such as use of qualified masonry products and design features as accent columns, articulation, or caps. If used along an arterial and collector streets, consideration should be given to openings in fences to provide visual entry into the project area. The use of berms is encouraged. (12) Landscaped area or art - Landscaped features such as fountains, gardens, or other features that enhance the project are encouraged. Art such as monuments or other sculptural objects that enhance the project may also be considered. Such elements should be visible and/or accessible to the public. (13) Transit facilities - the provision of bus turn-outs and covered seating areas for bus riders should be considered, depending on site location, levels of activity, and type of site visitation. SECTION E. COMPREHENSIVE PLAN CONSISTENCY 1. Requirements. Every nonresidential development application identified in Section A.2.b or Section A.2.c, which does not require the submittal of a Zoning Plan pursuant to Section C, and which is not exempt under Section A.3, shall be subject to a Page 15 of 21 Page I cf Ig 1 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 C:~VIy Documents\Ordinances\Comp Plan lmplementafion~lnt Regs - Nonresidenfial~Draft//6 Iht Nonres Stndrds Ord - Edit Copy 22feb00.docC:~.{7 separate evaluation of Comprehensive Plan Consistency. No such development application shall be accepted for filing until the requirements of this Section E have been satisfied. Such development applications shall be considered incomplete until such requirements are satisfied. a. New Applications Prior to filing a nonresidential development application consisting of a Planned Development Detailed Plan, preliminary plat, or £mal plat that is not subject to Section C - Zoning Plan requirements, a petition shall be submitted to the Director of Planning and Development requesting an evaluation of Comprehensive Plan Consistency. Upon making a finding of consistency, the Director shall in writing notify the petitioner that the development application shall be reviewed in accordance with regularly scheduled procedures. Upon making a fmding of inconsistency, the Director shall place the application on the next available City Council agenda, whereupon the City Council shall determine if a rezoning petition will be initiated on behalf of the City. If a rezoning petition is not initiated, the petitioner shall be notified in writing that the development application review process will be resumed in accordance with regularly scheduled procedures. In such case the development application will be accepted for filing. b. Pending Applications Pending Planned Development Detailed Plans, preliminary plats, or final plats that have been filed before the effective date of this ordinance, and are not subject to Section C - Zoning Plan requirements, must be evaluated for Comprehensive Plan Consistency before any further processing of the application is allowed. The Director of Planning and Development shall prepare an evaluation of Comprehensive Plan Consistency for each individual application within thirty (30) days of the effective date of this ordinance. Upon making a finding of consistency, the Director shall in writing notify the petitioner that the development application shall be reviewed in accordance with regularly scheduled procedures. Upon making a fmding of inconsistency, the Director shall place the application on the next available City Council agenda. The City Attorney shall prepare a determination and advise the City Council of the status of vested rights with respect to the application. The City Council shall then determine if a rezoning petition will be initiated on behalf of the City. If a rezoning petition is not initiated, the petitioner shall be notified in writing that the development application review process will be resumed in accordance with regularly scheduled procedures. Page 16 of 21 Page ! of 18 C:~My Documents\Ordinances\Comp Plan Implementatlon~lnt Regs - NonresidentiaBDraft #6 Int Nonres Stndrds Oral - Edit Copy 22feb00.docC:~.¥.y 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 SECTION F. PROCEDURES 1. Application requirements. No development application subject to these interim development regulations shall be approved without submission and approval of a zoning plan or a project plan, as provided herein, consistent with the standards in this ordinance. If the application is approved, the approved zoning plan or project plan shall be incorporated as an element of the approval. 2. Processing of and decision on plans. (a) Zoning Plans Zoning plans shall be processed and decided by the City Council in accordance with the same procedures designated in existing development regulations for processing and decision set forth in Section 35-7 of the City Code of Ordinances. (b) Project Plans Project plan applications may be submitted, reviewed, and decided by City Council concurrently with Zoning plan applications or as independently reviewed development applications. Review and decision on Project plan applications shall be made by City Council, upon notice to residents of property located within 500 feet of the Project plan property, in accordance with established Courtesy Notice procedures. CHAMBER RECOMMENDATION: If a Zoning Plan contains several parcels to be developed in a similar manner, Council should review and approve the first Project Plan, and staff could approve subsequent Project Plans that follow the same design characteristics. (c) Comprehensive Plan Consistency Comprehensive Plan Consistency evaluations shall be conducted by the Planning and Development Deparmaent, and the Director of Planning and Development shall make an administrative detemdnation of consistency in accordance with Section E. Should the Director make a determination that requires referral to City Council for further consideration due to Comprehensive Plan inconsistency, the City Council shall decide by simple majority whether to allow the development application to be Page 17 of 21 Pagc I cf I°-, 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 C:~VIy Documents\Ordinances\Comp Plan Implementafion~Int Regs - Nonresidenfinl~Draft 86 Iht Nantes Stndrds Ord - Edit Copy 22feb00.do¢C:~-~.7 accepted for filing and/or continue the review process as regularly scheduled, or whether to initiate a rezoning of the subject property determined to be inconsistent. 3. Decision on application. The City Council shall determine whether to approve, approve conditionally or deny the development application based upon its decision on the zoning plan or project plan in accordance with the standards in these interim development regulations and pursuant to the discretion vested in it by state law and city charter. 3. Project timing ao The property owner may elect to reserve portions of the property for future nonresidential development for development approval after the adoption of the City's Development Code. Such tracts shall be clearly indicated on the zoning plan. bo The City Council may modify or condition zoning plan approval on the reservation of portions of the proposed development until the City has adopted the Development Code that implements the policies, goals and strategies concerning residential land use, and related growth management, housing and open space objectives set forth in the newly adopted Comprehensive Plan. 5. Relief requests ao The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Council in conjunction with action on the project plan and development application. bo The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the nonresidential development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. Co In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (1) whether granting relief from the nonresidential standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the Page 18 of 21 Page I c,f Ig C:~aMy Documents\Ordinances\Comp Plan Implementation~Int Regs - Nomeesidential~Draft #6 Iht Nonres Stadrds Ord- Edit Copy 22feb00.docC:~Ay 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 8O4 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 823 824 825 826 827 (2) provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (3) the suitability of the proposed nonresidential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (4) the impact of the proposed nonresidential use on the transportation and other public facilities systems affected by the development; (5) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the surrounding properties; (6) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; the total expenditures made in connection with the proposed nonresidential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (7) any fees reasonably paid in connection with the proposed use; and (8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. d. The City Council may take the following actions: (1) deny the relief request; (2) grant the relief request; or (3) grant the relief request subject to conditions consistent with the criteria set forth in this section. 6. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. Section II. Environmentally Sensitive Areas Map. Thc Environmentally Sensitive Areas Map, attached hereto to Exhibit A, is hereby incorporated into this ordinance, and shall be used to evaluate development applications as stipulated in all references to Page 19 of 21 Pa?,: I :~f ig 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 850 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 C:\My Documents\Ordinances\Comp Plan lmplementation~lnt R~g$ - NonresidenfiaBDraft #6 Iht Nonres Stndrds Ord- Edit Copy 22feb00.docC:~?.y Environmentally Sensitive Areas. Section III. Amendment of Chapter 34 Section 34-13 of the Code of Ordinances is hereby amended to add the following paragraph (d): (d) No plat shall be accepted for filing until the zoning of the property has met Comprehensive Plan consistency requirements if such consistency requirements are required by the City of Denton's Interim Nonresidential Development Regulations, adopted by Ordinance No. Section IV. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. . Section V. Recission of Moratorium Council December 14, Ordinance 99-474, adopted by the City o~~ adopted by City Council on January 4, 2000, ~ shall be rescinded and repealed on the effective date of this ordinance, except as follows: The moratorium shall be extended beyond the original expiration date and shall continue for all pending development applications which are subject to the Comprehensive Plan consistency requirements as provided in Section E.b. The moratorium for such development applications shall continue until such time as the requirements of Section E are satisfied. Section VI. Effective Date. This ordinance shall become effective upon the date of its passage and approval. Page 20 of 21 Pr. ge ! ~,f 1 ~ 868 869 870 871 872 873 874 875 876 877 878 879 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 C:LMy Documents\Ordinances\Comp Plan Implementafionklnt Regs - Nonresidenfial~Draft #6 lnt Nonres Smdrds Ord- Edit Copy 22feb00.docC:X~.(y Section VII. Savings Clause. Save and except provisions hereby amended or superseded, all remaining sections, sentences and paragraphs of the Code of Ordinances of the City of Denton shall remain in full force and effect. PASSED AND APPROVED this the __ day offS, 2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY BY: Page 21 of 21 Page ! cf l°g ~..~: AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM/DCM/ACM: February 22nd, 2000 Planning & Development/. Dave Hill, 349-8314 SUBJECT Receive a report, hold a discussion, and give staff direction regarding Open Space Conservation options. BACKGROUND Council Member Kristoferson requested that a work session agenda item be scheduled to discuss open space conservation options. Specific reference was made to a booklet entitled "Conservation Options: A Landowner's Guide ", which was originally published by the Land Trust Alliance in 1993. A copy of the booklet is attached for Council review (Attachment 1). On Saturday, February 12th, 2000, several city staff and Council Members attended a one-day conference was held in Flower Mound that addressed open conservation issues. Some of the materials received during the conference are also provided for Council review (Attachment 2). Open space conservation is an objective that can be interpreted in several ways. Historically, the term has been used to describe efforts to preserve rural character, and may involve private landowners, government, and/or not-for-profit organizations. Many programs encourage the use of an implementation tool called a "conservation easement", which allows development rights to be voluntarily relinquished without surrendering ownership or other non-development rights to the land. For example, a private property owner could donate a conservation easement by legal instrument to a land trust (or other entity) and enjoy significant tax benefits, and at the same time could reserve the right to farm the land, or to build one or two more houses. Community commitment to open space conservation depends on the goals of its citizens. In the City of Denton 1999 Comprehensive Plan, there is a strong commitment to the provision of urban open space, preservation of floodplains, and preservation of environmentally sensitive lands such as habitat areas. However, during the numerous meetings held to discuss the Planning Policies, Alternative Development Scenarios, the Growth Management Strategy, and the Plan itself, very little discussion emerged regarding the preservation or conservation of rural character. This may be due to the fact that most of the land to the east, north, and west is undeveloped and used for farming or ranching, and that there is no perceived threat to these lands. This issue may become more important to Denton's citizens in the future as urban growth advances northward. OPTIONS Staff has scheduled this agenda item and provided the attached informational material at Council's request. RECOMMENDATION Council should determine the extent to which further work on Open Space Conservation options is to be pursued. ESTIMATED PROJECT SCHEDULE This is the first Council discussion of Open Space Conservation options. PRIOR ACTION/REVIEW None. FISCAL INFORMATION The information provided in the attachments describes the tax benefits available to private property owners right now without any local governmental involvement. ATTACHMENTS Attachment 1: Conservation Options: A Landowner's Guide Attachment 2: Selected Materials from February 12th, 2000 Flower Mound Conference Respectfully s~~ Assistant City Manager, Development Services C;:) C) --,I ~ 0 0 ~ O= : ;> 8 8 .g 0 z 0 Conservation Development... The Next Texas Frontier February 12, 2000 Flower Mound, Texas Carolyn A. Scheffer Texas Land Trust Council Texas Parks and Wildlife 4200 Smith School Road Austin, Texas 78744 (512) 389-4779 carolyn.scheffer~tpwd.state.txc.us Table of Contents 1. The Land Trust Movement In Texas 2. The Texas Land Trust Council 3. The National Land Trust Alliance And the 1998 National Land Trust Census The Land Trust Movement in Texas What Is a Land Trust? Land trusts are local, state, or national organizations directly involved in protecting land for its natural, recreational, scenic historical or productive value. The 1983 Texas Uniform Conservation Easement Act defines "land trust" by describing the holder of a conservation easement as a governmental body empowered to hold an interest in real property (example: Texas Parks and Wildlife holds conservation easements) or a charitable corporation, charitable associations, or charitable trust. By this Act the holder i.e., land trust is empowered to retain or protect the natural, scenic, or open-space values or real property; assure the availability of real property for agricultural, forests, recreational, or open-space use; protect natural resources; maintain or enhance air or water quality; or preserve the historical, architectural, archeological, or cultural aspects of real property. Land trusts are not "trusts" in the legal sense, and may also be called "conservancies," foundations," "watershed associations" and other mission descriptive names. Most land trusts are private, nonprofit corporations. They are distinguished by their first-hand involvement in land transactions or management. This involvement takes many forms: some purchase or accept donations of land or of conservation easements; some manage land owned by others or advise landowners on how to preserve their land. Some land trusts help negotiate conservation transactions in which they play no other role. Land trusts can be found working with governmental agencies or other nonprofits acquiring or managing lands, researching open space needs and priorities, and assisting in the development of open and green space plans. Land trusts have different conservation objectives: some work in specific geographic areas or watersheds; others are statewide; while others may concentrate on protecting distinct natural or cultural features of the landscape. Some land trusts are organized to protect a single piece of property; however most land trusts have larger land protection goals. Resources protected by land trusts include forests, prairies, urban parks and open space, wellheads and ground water supplies, farms, ranch and range lands, river corridors, scenic vistas, historic facades, archeological sites, hiking trails, and wildlife habitat. Most land trusts are characterized by their volunteer leadership and support even if they also have a professional staff. Land trusts often serve as an uniting force in a community or region -- bringing together a wide range of people and skills -- landowners, planners, developers, naturalists, community leaders, farmers, hunters, professional advisors, and others concerned about land conservation and the special needs of their areas. Land trusts have certain advantages as a mechanism for protecting land. They can hold and manage lands and other assets as a corporation. As private organizations, they can be more flexible and creative and can generally act more quickly than governments. Landowner negotiations can be done more quickly and discreetly. Their nonprofit status can bring a variety. of tax benefits. Land, conservation easements or money donations may qualify donors for income, estate, or gift tax savings. Their nonprofit status has an advantage when raising funds locally and through area and statewide foundations. Land trusts are exempt from federal and state income taxes, and sometimes from local property and real estate transfer taxes. However, some local land trusts have opted to pay local property taxes to maintain the good will of the community or counties in which they operate. The land trust's community or regional orientation is helpful in selecting and negotiating transactions. They are familiar with the local landscape and may have good working relationships with landowners and funders. Texas Land Trusts -- The Beginnings The Texas Chapter of the Nature Conservancy was initiated in the 1960s by a handful of volunteers. The Chapter's first purchase was the Attwater's Prairie Chicken National Wildlife Refuge in Colorado County. Today, The Nature Conservancy of Texas employs a professional staff of over 65, and has conserved over 365,400 acres of ecologically unique lands through acquisition. The 60's through the late 80% saw moderate growth in the number of land trusts on the Texas landscape with the addition of: the Texas Audubon Society, Natural Area Preservation Association, Native Prairies Association, Wetland Habitat Alliance of Texas, connemara Conservancy, Texas Cave Management Association and the Valley Land Fund. A number of national organizations began to scope the need and feasibility of opening Texas offices; including the Conservation Fund, the Trust for Public Land, Ducks Unlimited and The Archeological Conservancy. All now have a presence in Texas. The 1990's in Texas The 90's have seen the land trust movement gain momentum. From these initial organizations, the number has grown to 34. See Appendix A - Texas Nonprofit Land Trusts. These thirty- four organizations are in various stages of growth. Some are the children of long term conservation and environmental organizations -- Bayou Preservation Association of Houston, birthed the Bayou Land Conservancy, which then separated from the parent organization and became Legacy land Trust. Others originated as a response to regional land protection needs -- Hill Country Land Trust, Katy Prairie Conservancy, and the Valley Land Fund. Some are organized on a county basis -- Bexar Land Trust and Cradle of Texas Conservancy in Brazoria County. The Natural Area Preservation Association and the Native Prairies Association serve the entire state. The Cibolo Conservancy and the Wimbefley Valley Watershed Association are focused on watershed protection in their respective service areas. Another national organization, which recently opened a Texas office, is the American Fasmland Trust. Urban parks and the provision of recreation opportunities is the aim of the Texas Parks and Recreation Foundation, while the National Trust for Historic Preservation seeks to protect historic homes. One benchmark of the movement is that a number of land trusts have moved from all-volunteer organizations to hiring staff. Generally the organization hires an executive director and possibly an outreach and education coordinator. Additional staff may include a development officer, a land manager, an attorney or land use planner. An August 1999 survey of twenty-two Texas land trust organizations shows 121,119 acres of land protected by conservation easements. These same organizations own 188,667 acres in fee simple and protect another 393,000 acres through various conservation methods. Thc Texas Land Trust Council In 1997, a group of people representing land trusts and other conservation organizations in Texas began to meet on a regular basis. Their purpose was to assist land trusts with their conservation endeavors by serving as an educator, technical and informational advisor and leader for the states' land trusts. Encouraged by Texas Parks and Wildlife the group formalized itself by creating the Texas Land Trust Council. The mission of the Council is to promote and sustain the conservation efforts of Texas' land trusts. The Texas Land Trust Council hopes to be a source of support for local land trusts and a network of people and organizations statewide. The Council represents a broad spectrum of land trusts, conservation organizations, consultants and individuals working to preserve today's land for tomorrow. The Texas Land Trust Council provides technical and educational "know how" to all land trusts and anyone interested in land conservation. Members of the Council are counseled to adopt the national Land Trust Alliance's Standards and Practices to insure responsible, ethical, .and effective operation of their land trusts. These Standards and Practices have been adopted by land trusts nationwide and help land trusts address real issues and dilemmas effecting their organizations. Much progress has been accomplished in the arena of land conservation and land trusts but much more work needs to be done. The Texas Land Trust Council provides a perfect conduit for continuing these efforts while fostering the growth of stable and healthy land trusts. The Council is currently comprised of a thirteen-member board and is staffed through an agreement with Texas Parks and Wildlife that provides a Council Coordinator and administrative support. The address for the Texas Land Trust Council: Texas Land Trust Council At Texas Parks and Wildlife 4200 Smith School Rd. Austin, TX 78744 512/389-4779; fax 4469 carolgn.scheffer~tpwd.state.tx.us The National Land Trust Alliance and the 1998 National Land Trust Census As the leader of America's voluntary land conservation movement, the Land Trust Alliance (LTA) devotes its energy and resources to providing communities with the tools, training, and inspiration needed to protect open spaces. · LTA created, and encourages broad adoption of, uniform Standards and Practices for efficient and ethical operation of nonprofit land conservation organizations. · LTA is the single best source of technical information, training, publications, and public policy advocacy for the burgeoning land trust movement. The Land Trust Alliance answers more than 3,000 individual requests for information each year, and publishes the nation's most complete library of texts and guides about private land protection. · In addition to its experienced Washington, DC headquarters staff, LTA has a growing regional network, including offices in Grand Junction, CO, Saratoga Springs, NY, and Seattle, WA, to offer regional assistance for land protection. · LTA provides regional grants in New York state, the Northwest, the Southwest, and the Great Lakes region to help emerging land trusts grow into strong and effective organizations. · Holds the nation's largest national conference dedicated solely to land protection issues, a unique forum for exchange of ideas, techniques and inspiration. · Provides a spate of training programs to enhance professionalism and discussion of the most pressing land conservation issues. · Offers low-cost liability insurance to land trusts. The 1998 National Land Trust Census conducted by the Land Trust Alliance, shows the growth in the number of land trusts in the country and the tremendous increase in acres protected by nonprofit organizations. See Appendix B - 1990s Bring Surge in Land Conservation As Regional, Local Land Trusts Attract l. Million Supporters. Additional data can be accessed through the Land Trust Alliance Website www.lta.org PRESERVING FAMILY LANDS: LANDOWNER OPTIONS by Stephen J. Small Law Office of Stephen J. Small, Esq., P.C. Boston, ~V~assachusetts Hosted by the Town of Flower Mound, Texas Circle R Ranch Flower Mound, Texas February 12, 2000 ~2000 by Stephen J.. Small, Esq. All rights reserved THE LANDOWNER'S QUIZ What do you think the combined federal and state estate tax will be on your estate? Fill in the information below. 1. My net worth, not including the value of my real estate, is 2. The value of my real estate is 3. Therefore, the total value of my estate is If my estate is fully taxable, I think the combined federal and state estate tax will be roughly . (If you don't know the answer, or after you have filled in the blank, turn to the .next page for the Estate Tax tables.) 5. In order to pay this tax, my heirs will have to COMBINED FEDERAL AND STATE ESTATE TAX Amount of Your Taxable Estate Total Federal and State Estate Tax* $1,000,000 $125,250 $1,500,000 $335,250 $2,000,000 $560,250 $2,500,000 $805,250 $5,000,000 $2,170,250 $10,000,000 $4,920,250 *Most states PRESERVING FAMILY LANDS: LANDOWNER OPTIONS by Stephen J. Small, Esq. PLANNING FOR THE LANDOWNER Ao Historically, goal of estate planning has been to put the client's affairs in order. Bo Beyond that, biggest problem: how to get the family's business through the estate tax, intact, and into the hands of the next generation. Example: valuable family business - what happens when clients visit advisor. Example: valuable family land - What happens when clients visit advisor. Landowners are asking for the same planning attention and creative energy by professionals as business owners are receiving - and landowners are not getting it!! 4. Understanding the process: how do you get the family to agree?? What are some of the things the attorney needs to know about to be able to help the family reach agreement (this is not intended to be an all-inclusive list): See, generally, Small, The Federal Tax Law of Conservation Easements (Land Trust Alliance, 1986), for annotated commentary on the Income Tax Regulations on easement donations and for a discussion of some of the tax considerations associated with easement donations. See also Preserving Family Lands (Book I), third edition, Landowner Planning Center, 1998; Preserving Family Lands: Book II - More Planning Strategies for the Future, Landowner Planning Center, 1997. G:~DOCS\OUTLINES~PFL_ST00.do¢ Co eo f. g. h. i. The estate and girl tax rules, especially with respect to transfers that are not subject to transfer tax Conservation and preservation easements, including qualification under the tax rules, valuation, donee organization rules, all related issues The income tax deduction limitation rules, including the substantiation requirements The new estate tax rules for certain land subject to conservation easements' Bargain sales Tax-free swaps of real estate and interests in real estate Certain estate tax valuation rules Generation-skipping tax rules Choice of entity issues: How is a corporation taxed? Who has decision- making authority? What if more than one person wants decision-making authority? ii. How is a partnership taxed? Who has decision- making authority? What if more than one person wants decision-making authority? in. How is an S corporation taxed? Who has decision- making authority? What if more than one person wants decision-making authority? iv. What are the restrictions on eligibility for shareholders of an S corporation? V° What is a "Limited Liability Company"? Is it better than a partnership? vi. What is a "family trust"? How is a trust governed? Taxed? -2- II. jo ro vii. What are the potential planning problems for tenants in common (undivided interests)? Valuation discounts So-called private foundations and other non-public and non-private tax-exempt entities, including, for example, charitable trusts and "supporting organizations" Charitable remainder trusts and related vehicles Taxation of life insm'ance Hazardous waste liability issues Water rights law Mineral rights law State law, real estate law, land use controls, zoning, state and local taxation of real estate Conununity property law FEDERAL ESTATE AND GIFT TAX "PRIMER" A. Introduction to concepts; most people never ever had to worry about this before. B. General rule: all transfers of wealth are subject to gift tax or estate tax C. Exceptions 1. $10,000/$20,000 2. Between spouses 3. Charitable 4. So-called "$600,000 exclusion" (now $675,000) may apply, increasing by gradual steps to $1,000,000 5. Examples -3- New §203 l(c) (see later in this outline) Most people historically have not used any of the "$600,000 exclusion" during lifetime. JWROS: a trap for spouses III. DONATION OF A CONSERVATION EASEMENT: AN OVERVIEW B. C. D. Eo General discussion; must be perpetual; see definition. Remember, you still own your property if you donate an easement. Public access is generally not a requirement. Flexibility: each property owner is unique, each piece of land is unique, and each easement must be unique. 1. When you think about a conservation easement, you have to thi~k about how it relates to a particular piece of property. 2. Mississippi example; compare with "Wilderness Area" 3. Island example (size of the property is not important) 4. Historic property example 5. Ranch example 6. For each piece of land, consider income-producing uses, compatible with the protection of the conservation values of the property. 7. Cuts across social, geographic, economic, and political lines 8. Landowners don't like to be told what to do with their real estate Estate tax benefits: lower the value of the property; avoid the forced sale of the property to pay estate taxes. t. Run the numbers!! Don't assume anything!! See Chapter 7 of Preserving Family Lands, "Cash Sale Compared to Good Planning." -4- 2. Give up value but gain control 3. Keep value in remm F. Income tax deduction Valuation of conservation easements: generally (though not always) using the "before and after" test. Limitation on benefits from a gift of property to charity: generally deductible up to 30% of adjusted gross income ("AGI"). Five-year cmTyforward. (A gift of cash is deductible up to 50% of AGI.) Possible election to take deduction up to 50% of AGI, without deducting any appreciation. Example: Jol'nl and Mary have adjusted gross income of $100,000. They give land with a value of $100,000 to charity. They can deduct $30,000 of the gift (30% times $100,000) in the first year, with a five-year carryforward of the $70,000 that's left. Any undeducted "value" remaining after six years disappears into thin air. 4. Most easements not driven by income tax benefits. 5. Run the numbers!! G. Lower property tax 1. Up to local assessors (or state statute), not federal tax law State and local considerations; state statutory issues. Various states have enacted legislation or are considering legislation that would lower the property tax assessment on property subject to conservation easements. 3. Watch out for "revenue base" mentality. 4. Special use assessment considerations and misconceptions H. Do the economic analysis IV. "QUALIFIED CONSERVATION CONTRIBUTIONS" UNDER §170(h) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND THE REGULATIONS THEREUNDER (THE "CODE") A. What donations qualify for deduction 1. "Qualified real property interest" a. Easement (the regulations say, "an easement or other interest in real property that under state law has attributes similar to an easement") b. Remainder interest in real property c. Donation ora fee interest with reservation by donor of subsurface mineral rights 2. Donated to a "qualified conservation organization" a. Charitable organization or governmental unit b. Generally must be in the conservation or historic preservation field c. Not a "private foundation" 3. "For conservation purposes" a. Public outdoor recreation and education; must be for the "substas~tial and regular use of the general public or the community." b. Protection of a significant habitat or ecosystem, including "buffer zones." c. Preservation of historic property, generally requiring classification as a National Register property by the National Park Service but also including "historically important land areas" of independent significance (such as an archaeological site or Civil War battlefield). d. Preservation of open space, either i. Pursuant to a clearly delineated governmental policy and will yield a significant public benefit, or -6- Other 1. 2. o ii. For the scenic enjoyment of the general public and will yield a significant public benefit. eo Note that the average value per acre of farmland in the U.S. was roughly $100 in 1960 and $800 in 1996. requirements Enforceable in perpetuity. Donors should be advised that an easement gift is not deductible (because it is not enforceable in perpetuity) until the easement is recorded. Run the title early In the case of the donation of an easement on property subject to a mortgage, no deduction will be allowed unless the mortgagee subordinates its rights in the property to the right of the qualified organization to enforce the conservation purposes of the gift in perpetuity. Note what this requirement means. It does not mean the mortgagee can't recover the full amount of the cash due in the event of a foreclosure. It means that in the event of a foreclosure and a subsequent resale of the property, the easement must remain in effect as a recorded restriction on what can be done with the property. b. New territory for lenders. Public access is generally not a condition of the gift. Numerous approaches for reserved rights, including reserved residential development rights and potential charitable and/or commercial activities. Valuation Long-standing rule: value of an easement equals the fair market value of the unencumbered property (before the easement) minus the fair market value of the encumbered property (but see Regulations). -7- o bo If the easement covers a portion of the contiguous property owned by the donor and the donor's family, the value of the easement is equal to the value of the entire contiguous portion before the easement minus the value of the entire contiguous portion after the easement. Substantiation bo do A taxpayer who claims a value in excess of $5,000 for a charitable gift must have a "qualified appraisal" supporting the claimed value. The taxpayer must file with his or her tax return IRS Form 8283, "Noncash Charitable Contributions." Form 8283 requires an acknowledgment by the donee organization. If the donee organization disposes of the property within two years, the organization must file with the IRS Form 8282, "Donee Information Return," and must provide the taxpayer with a copy. A "qualified appraisal" must include, among other things, a description of the property, the method of valuation used to determine the fair market value of the property, certain information about the appraiser, and a description of the fee arrangement between the donor and the appraiser. The "qualified appraisal" must be done by a "qualified appraiser." The appraisal cannot be completed more than sixty days prior to the date of the gift. The appraisal must be completed no later than the due date (including extensions) for the federal tax return for the year in which the gift was made. Failure to comply with the appraisal requirements will mean that the deduction will not be allowed. Other federal tax issues 1. Harry Investor a. Harry proposes donating to the town a conservation o ° easement if the town approves his application for a new subdivision. bo Quid pro quo trap: Harry's "deal" is not a gift, and no deduction is allowable. This not just "conservation" law, it is pm~ of the tmderlying law of charitable contributions. Co I__f Harry can get by the quid pro quo hurdle, it is still arguable (though not at all certain) that his deduction will be limited to his "basis" (or cost) of the donated property. Allocation of basis to easement, with resulting lower basis in retained interest. Holding period issues. Deductibility of corporate gifts limited to 10% of corporation's taxable income, with 5-year carryforward of the balance. "Restricted" gifts: a potential trap. See Rev. Rul. 85-99, 1985-2 C.B. 83. The carryforward of the charitable income tax dednction is available only to the person who made the contribution. OTHER TAX INCENTIVES POTENTIALLY HELPFUL FOR LANDOWNERS -- A VERY BRIEF OVERVIEW A. Bargain sale 1. John and Mary paid $200,000 for their scenic property, mad it is now worth $800,000. 2. They "just want to get their money out," so they sell it to a tax- exempt conservation organization for $200,000. 3. Surprising tax results: a. Basis is allocated between the "sale" portion and the "gift" portion. b. The amount realized ($200,000) is 25% of the fair market value ($800,000); 25% of the basis is allocated to the "sale" -9- portion and 75% of the basis is allocated to the "gift" portion. Gain is $150,000 ($200,000 minus $50,000 allocated basis); gift is $600,000. Gift of a remainder interest 1. After life estate or term of years Can be a gift of a personal residence or farm under § 170(f)(3)(B)(i), not subject to "conservation purposes" test of §170(h). Can be a gift of any real property, for conservation purposes, under § 170(h). a. Never trust an unrestricted piece of property. Consider donation of easement to one organization and remainder to another organization. Maximizes tax benefit; minimizes confusion; ensures protection of the property (remainder gift, under this scenario, can be given to non- conservation organization); avoids any possible "merger" issues. See, The Federal Tax Law of Conservation Easements, Appendix E. Valuation of gift depends on actuarial tables based on interest rates that may now be redetermined monthly. a. Not very favorable income tax results bo The income tax deduction, using recent IRS tables, for the gift of a remainder interest in property worth $5,000,000, husband age 65 and wife age 62, is $1,180,950. c. The estate tax result is, of course, much more significant: the property is not included in the estate. Testamentm'y gift (by will) Estate tax deduction allowed for a testamentary gift of an easement. 2. Almost no law on easement donations by wills. -10- Eo Recommendation: for the highest level of certainty, to the extent possible the actual language of the deed of easement should be incmporated into the will. Examples of when this may be useful; a very unden'ated planning tool. Special use valuation for farmland and ranchland (§2032A) Grossly misunderstood (ask the family's attorney for estate tax projections). This Code section is fraught with traps and landowners must pay very careful attention to all of the requirements 3. Run the nmnbers! ! Tax-free swaps of real estate and interests in real estate VI. ESTATE TAX TREATMENT OF CERTAIN LAND SUBJECT TO A "QUALIFIED CONSERVATION EASEMENT" (§2031(c)) A. Background 1990 bill: land subject to a conservation easement shall be exempt from estate tax. 1997 law (effective for decedents dying beginning in 1998): if you die owning land subject to a conservation easement, and if you meet the geographic, holding period, and activity limitations, up to 40% of the land value can be excluded from the gross estate. Note at the outset that the easement must have met the requirements of § 170(h) for the estate to be eligible for §2031(c). b) Example: Mr. Able owns land worth $2,000,000. In 1998, he donates a qualifying conservation easement that reduces the value of his land to $1,000,000. He dies in 2003. The land is valued in his estate at $1,000,000. His executor elects to take the §203 l(c) exclusion; 40% of the $1,000,000 land value is excluded from Mr. Able's estate; -11- $600,000 of land value is subject to estate tax. Message to landowners and the professional planning community: this is a very important new tax code provision. There are questions about how it works but there is a lot that we do know about how it works. See L. Timothy Lindstrom and Stephen J. Small, "New Estate Tax Relief for Land Under Conservation Easement," Tax Notes, March 2, 1998, pp. 1171- I 184. Limit~ions Exclusion was capped at $ 100,000 in 1998, increasing by $100,000 each year up to $500,000 in 2002 and thereafter. If the planning is done correctly, the estates of both spouses can be eligible for the §2031 (c) exclusion. b) The §203 l(c) exclusion may be combined with other estate tax provisions that can benefit land-based businesses. Land must be within a 25-mile radius of a national park, wilderness area, or Metropolitan Statistical Area, or within 10 miles of an Urban National Forest. The national park or wilderness area rule states that such land is eligible for §2031 (c) unless the Secretary of the Treasury determines that such land is "not under significant development pressure." b) Based on a strict interpretation of that rule, such a determination could conceivably be made during an audit of the estate tax return claiming the §2031 (c) exclusion. Easement must have been donated and must have met the requirements of § 170(h), although easements solely to protect lfistoric assets are not eligible. The exclusion of historic property is an early drafting eh'or that became law. b) This rule can be avoided in the case of many historic properties by taking care to craft a conservation easement that also meets one or more of the other conservation purposes tests under § 170(h). 12- o Land must have been owned by the decedent or a member of the decedent's family for at least three years prior to the decedent's death. The easement must have been donated by the decedent or a member of the decedent's family (or by the executor of the decedent's estate or a trustee of a trust holding the subject property). b) Mr. Able donates a conservation easement in 1998 and dies in 2003. He leaves his land to his daughter Sally. His estate is eligible for the §203 l(c) exclusion. Sally dies in 2028. She leaves the land to her daughter. Sally's estate is eligible for the §2031 (c) exclusion. Etc. "Retained development rights" can be extinguished after the death of the decedent. Some landowners and/or donee organizations prefer leaving potential future house lot sites outside of the tract of land to be encumbered by a conservation easement. The ability to retain or extinguish those 'rights may make it prudent to include them under the easement. b) This can provide a very important "second look," for economic, land protection, and estate planning purposes, after the landowner's death. c) If the extinguishment of the development rights takes the form of a conservation easement that meets the requirements of § 170(h), the heirs may be entitled to an income tax deduction (although see new §2031 (c)(9)). The easement must prohibit all but "de minimis" commercial recreational use of the land. Much remains to be learned about this rule. What about a dude ranch? A summer camp? A wilderness resort? b) The conference committee report notes that "de minimis commercial recreational activity that is consistent with the conservation purpose, such as the granting of hunting and fishing licenses, will not cause the property to fail under this provision." -13- c) If possible, consider using one easement on a portion of the property where commercial recreational activities are non- existent or clearly de minimis and another easement where such income-producing activities occur. d) It is understood that the executor can donate a post-mortem easement amendment in order to eliminate otherwise prohibited commercial recreational activities and therefore allow the estate to be eligible for §203 l(c). Note, however, the complex and difficult state law and other issues that arise in connection with post-mortem charitable gifts. Those issues are beyond the scope of this outline, except as noted in D below. Pm amount of land value equal to the amount of any mortgage on the property will not be eligible for the exclusion. To the extent of the exclusion land will receive a "carryover basis," rather than a "stepped-up basis" at the decedent's death. In the vast majority of cases when an estate is eligible for the §2031 (c) exclusion it will make sense to make the election. Obviously, if the taxable estate is below the unified credit threshold the election will not be necessary or warranted. b) The methodology for making the basis calculations does not appear to involve a simple dollar-for-dollar tradeoff. c) Mr. Able owns land with a fair market value of $2,000,000 and a basis of $200,000. In 1998 he donates a qualifying conservation easement that reduces the value of his land to $1,000,000. Under Reg. §l.170A-14(h)(3)(iii), the basis of the easement is $100,000 and the basis of the land is reduced to $100,000. He dies in 2003; the land is valued in his estate at $1,000,000. His executor elects to take the §2031 (c) exclusion and $400,000 of the land value (40% of $1,000,000) is excluded from his estate. That portion of the land not subject to the exclusion (60%) will receive a stepped-up basis; the portion of the land subject to the exclusion (40%) will receive a carryover basis. Accordingly, the basis of the land in the hands of his heirs is $40,000 (40% orS100,000) plus $600,000 (60% of $1,000,000), or $640,000. - 14- o 10. ll. The 40% exclusion will be reduced by two percentage points for each percentage point by which the easement fails to reduce the value of the property by at least 30%. The 30% determination is made as of the date of death. The exclusion may apply when land is owaaed by a family partnership, corporation, or trust as long as the decedent owned at least a 30% interest in the entity at the time of death. This can provide an important "second look" for the family that uses a land-owning limited partnership (for example) as a vehicle in an extensive lifetime giving program. When the 30% ownership threshold is reached the family can reassess whether to stop gifting and retain eligibility for §2031 (c) or to continue gifting without reliance on the exclusion. b) In this connection, note that the exclusion provided by §2031(C) does not apply to the gift tax. It is understood that new §2031 (c), as included in the Taxpayer Relief Act, was intended to allow a "post~mortem" easement donation that was deductible under §2055(f) and made the estate eligible for the §2031 (c) exclusion. a) It is now clear this is how the statute works. See Section 6007(g), a technical amendment to the Internal Revenue Service Restructuring and Reform Act of 1998, adding new §2031(c)(9). b) Example: Mr. Able owns land worth $2,000,000. He dies in 2003 without having donated an easement during his lifetime or by will. His estate donates a conservation easement that lowers the value of his land to $1,000,000. The land is valued in his estate at $2,000,000; the estate is entitled to a $1,000,000 deduction under §2055(f). His executor elects to take advantage of the §2031 (c) exclusion; 40% of the $1,000,000 remaining land value is excluded from Mr. Able's estate; $600,000 of land value is subject to estate tax. c) The post-mortem easement must be recorded (and the election made) by the due date, including extensions, for the estate tax return (§2031 (c)(6)). 15- Do d) In many situations this will be a critical and important post- mortem tool but because of the complexity and uncertainty of post-mortem planning issues (see below) landowners and their advisors should not plan to rely on this provision in the post-mortem period. General Observations Every single easement must now take into account the rules of §2031 (c) as part of the planning process. Every single family lands planning situation must now take into account the rules of §203 l(c). Language should be included in every landoWner's will authorizing the donation of a post-mortem conservation easement. Every single recorded easement should be reviewed with §2031 (c) eligibility in mind if the land is still owned by the same family that donated the easement. Planning immediately after the death of many landowners will now become more complex, difficult, expensive, possibly highly beneficial, and absolutely necessary; see below. Post-Mortem §2031 (c) Planning Checklist Have an accurate appraisal of the subject property, the value of structures, the value of any reserved development rights, and the value of an easement 2. Understand and resolve any state law issues 3. Understand and resolve any family issues 4. Reach agreement with the easement holder or donee 5. Run all the numbers Perhaps record an easement or an "Agreement to Extinguish" or an easement amendment 7. Have a final qualified appraisal in hand -16- 8. File the §2031 (c) election VII. CONCLUSION 17- TgVO BOOKS FOR LANDOWNERS, THEIR FAMILIES, AD VISORS, LAND TRUSTS, AND OTHERS Please visit us on the world wide web at: www.stevesmall.com PRESERVING FAMILY LANDS (now retitled PRESERVING FAMILY LANDS: BOOK I) -- ESSENTIAL TAX STRATEGIES FOR THE LANDOWNER (THIRD EDITION, REVISED IN 1998) PRESERVING FAMILY LANDS is the original landowner's introduction to basic tax issues and other considerations. The message of PRESERVING FAMILY LANDS is simple: if you have land you love, you may have an estate tax problem. The land may have become so valuable it may have to be sold to pay the estate tax. This is the updated third edition of this important book, now retitled PRESERVING FAMILY LANDS: BOOK I and revised in 1998 to include the new estate tax provisions and land protection incentives included in the Taxpayer Relief Act of 1997. In addition to this new material, PRESERVING FAMILY LANDS still includes: an introduction to conservation easements an introduction to the income and estate tax benefits available for donations of conservation easements and the estate and gift tax rules gifts by will and gifts &remainder interests appraisal issues and information about potential donee organizations what you need to know to get started If you haven't read PRESERVING FAMILY LANDS you should. It's the first book in the series. LSO 21 VAILABLE PRESERVING FAMILY LANDS: BOOK II -- MORE PLANNING STRATEGIES FOR THE FUTURE PRESERVING FAMILY LANDS: BOOK II takes the planning process a giant step further. PRESERVING FAMILY LANDS: BOOK II - MORE PLANNING STRATEGIES FOR THE FUTURE lays out for landowners and flaeh' families a wide range of tools to help save land and taxes. This book is not a "revision" or an "update" of PRESERVING FAMILY LANDS: BOOK I; this book goes beyond the material in "Book I" and includes a range of advanced planning issues and techniques. Here are a few of the things you will learn in PRESERVING FAMILY LANDS: BOOK II: how the basic estate and gift tax rules work more about conservation easements why you should never never never put family land in a corporation basic rules about partnerships and trusts when charitable remainder trusts, private foundations, and life insurance may be useful planning tools for landowners (and others) how the planning process can work successfully for complex family lands situations what every landowner should know about succession planning for family lands If you want to learn more about land-saving m~d tax-saving strategies, you will want PRESERVING FAMII,Y LANDS: BOOK II. If you want to learn more about how to protect land and keep it intact for the next generation of owners, you will want PRESERVING FAMILY LANDS: BOOK II. Ordering information is on the next page OR DER FORM Please visit us on the world wide web at-www, stevesmall, corn You can order PRESERVING FAMILY LANDS: BOOK I and PRESERVING FAMILY LANDS: BOOK II as follows: INDIVIDUAL COPY RATES For individual orders of PRESERVING FAMILY LANDS: BOOK I or PRESERVING FAMILY LANDS: BOOK II the cost is $14.95 per copy, including postage and handling. BULK ORDER RATES For bulk orders of PRESERVING FAMILY LANDS: BOOK I and PRESERVING FAMILY LANDS: BOOK II the cost is: $6.00 per copy for orders of 30 or more of the same book, plus shipping and handling costs. $5.00 per copy for orders of 100 or more of the same boole, plus shipping and handling costs. Add to TOTAL bulk order for shipping and handling costs: $35.00 for 30-50 books $45.00 for 51-99 books $55.00 for 100-150 books $65.00 for 151-200 books Call 617-357-1644 for shipping cost for more than 200 books. Note that shipping and handling costs apply to total number of books ordered. If you order 30 of each book, for example, total shipping and handling is $45.00 for 60 books. [~] I would liketo order at per copy. [~ I would liketo order at per copy. copies of PRESERVING FAMILY LANDS: BOOK I Total: copies of PRESERVING FAMILY LANDS: BOOK II Shipping and handling charges (bulk orders only) 5% MA Sales Tax (for orders shipped to Massachusetts addresses) Total: TOTAL DUE: NAME: AFFILIATION (if any): ADDRESS: If you are ordering more than ten (10) books, please use a street address, since we ship by UPS and UPS will not deliver to a post office box. Massachusetts residents include 5% sales tax. YOUR CHECK MUST ACCOMPANY YOUR ORDER. Please make out your check to "PRESERVING FAMILY LANDS" and mail to: PRESERVING FAMILY LANDS P.O. BOX 2242 BOSTON, MA 02107 1/20/2000 Prices may be subject to change I. R. C. §170(h) Qualified conservation contribution (1) In general For purposes of subsection (f)(3)(B)(iii), the term "qualified conservation contribution" means a contribution -- (A) of a qualified real property interest, (B) to a qualified organization, (C) exclusively for conservation purposes. (2) Qualified real property interest For purposes of this subsection, the term "qualified real property interest" means any of the following interests in real property: (A) the entire interest of the donor other than a qualified mineral interest, (B) a remainder interest, and (C) a restriction (granted in perpetuity) on the use which may be made of the real property. (3) Qualified organization For purposes &paragraph (1), the term "qualified organization" means an organization which - (A) is described in clause (v) or (vi) of subsection (b)(1)(A), or (B) is described in section 501(c)(3) and- (i) meets the requirements of section 509(a)(2), or (ii) meets the requirements of section 509(a)(3) and is controlled by an organization described in subparagraph (A) or in clause (i) of this subparagraph. (4) Conservation purpose defined (A) In general For purposes of this subsection, the term "conservation purpose" means -- (i) the preservation of land areas for outdoor recreation by, or the education of, the general public, (ii) the protection of a relatively natural habitat of fish, wildlife, or plants, or similar ecosystem, (iii) the preservation of open space (including farmland and forest land) where such preservation is - (I) for the scenic enjoyment of the general public, or (II) pursuant to a clearly delineated Federal, State, or local governmental conservation policy, and will yield a significant public benefit, or (iv) the preservation of an historically important land area or a certified historic structure. 03) Certified historic structure For purposes of subparagraph (A)(iv), the term "certified historic structure" means any building, structure, or land area which-- (i) is listed in the National Register, or (ii) is located in a registered historic district (as defined in section 47(c)(3)(B)) and is certified by the Secretary of the Interior to the Secretary as being of historic significance to the district. A building, structure, or land area satisfies the preceding sentence if it satisfies such sentence either at the time of the transfer or on the due date (including extensions) for filing the. transferor's return under this chapter for the taxable year in which the transfer is made. (5) Exclusively for conservation purposes For purposes of this subsection-- (A) Conservation purpose must be protected A contribution shall not be treated as exclusively for conservation purposes unless the conservation purpose is protected in perpetuity. (B) No surface mining permitted (i) In general Except as provided in clause (ii), in the case ora contribution of any interest where there is a retention of a qualified mineral interest, subparagraph (A) shall not be treated as met if at any time there may be extraction or removal of minerals by any surface mining method. (ii) Special rule With respect to any contribution of property in which the ownership of the surface estate and mineral interests were separated, subparagraph (A) shall be treated as met if the probability of surface mining occurring on such property is so remote as to be negligible. (6) Qualified mineral interest For purposes of this subsection, the term "qualified mineral interest" means- (A) subsurface oil, gas, or other minerals, and (B) the right to access to such minerals. E:~S J S L AWOFFIC~DO CS~vll SC'~ ection 1 ?O(h).dol: APPENDIX J Treas. Reg. § 1.170A-14 § 1.170A-14 mes~ng of section 165(gX2) of the Code) which are not publicly traxied securities as defined in pars~ph (e)('/)(lv} of th~ section. . (vt) NonpubZ~,lV ~raded stocic The term "nonpublicly traded stock "mea~s s. ny st~ck of a corporation (evidence by a stock certificate) which is not a publicly traded security. The term stock does not Include a deben- ture or any other evidence of Indebt- edness. (68A SL~L 58. 26 U.&C. l?0~&)(l): 95 St~t. 693. 26 U.$.C. 6050L; 68A S~. giT. 26 U.S.C. 7805; sec. 155 of the Tax Reform Act of 1984, Pub. I, 98-36.9, 96 8L~t.. 691) iT.D. 8003, 49 FR $0559, Dec. 31. 1984] '~ I.I?0A-14 Qualified conservation contd, butions. ia) Qu~li/ieg cor~servation contribu- tion~. A deduction under section 1'/0 ts generally not, allowed for a charitable contribution of ~ny interest, in proper. ty that consists of le~s than the donor's entire Interest in the property other tha~ certain transfers in trust (see § LI?0A-$ relating to charitable contributions In trust and § LI?0A-? relating to contributions not. in trctst of part/al interests in property). How- ever. a deduction may be allowed under section 1T0if)(3)iB)(lli) for the value of a qualified conservation con- tribution if the requirements of th/s section are met. A qualified conserva- tion contribution L~ the contribution of a qualified real property interest to a qualified organization exclnsively for conservation purposes. To be eligible for a deduction under this section, the conservation purpose must be ed tn perpetuity. (b) Qualified rea! propertV interest-- (1) Entire interest o/ donor ot~er than qualifieil rr~irtera~ irttcre$C (i) The entire interest of the donor or,her than a qualified mineral interest, is a qu~li. fled real property Interest,. A qualified mineral interest, is t. he donor's in subsurface oil, ga~. or other miner- ~ls and the right of zcce~s to such minerals. iii) A real property Interest shall not be treated ss an eric,ire int,erest other th~n a qu~Ilfied rnlner~i Interest by reason of section l?0(h)i2)iA) and this paragraph ih)il) If the property in which the donor's interest` exists 242 26 C~R Ch. I (4-1..87 Edition) d/v/dod prior to the contribution in order to enable the donor to rets~n control of more than a qualified min. eral Interest, or to reduce the resJ property Interest, donated. See Tress. ury regulations § 1.170A-7(a)(2)(l). An entire Interest in real property may consist oi an undivided Interest in the property. But see section and the regulations thereunder (relat. lng to .the requirement that the con- servation purpose whlch is the subject of the donation must be protected in perpetuity). Minor interests, such rights.of-way, that will not. interfere with the 'conservation purposes of the donation, may be transferred prior to the conservat.lon contribution without affecting the treatment of a property interest ss a qualified real property In. terest under this paxagraph (b)(1), (2) Perpetual cor~ervation restric. t~on. A perpetual conservation restric. tlon iz a qualitled real properly Inter- est. A "perpetual conservation restrlc- Uon" isa restriction granted in perpe. tulty on the uz~. which may be m~de of real property--Including, a=u easement or other interest, in real property that under state l~w hss attributes sfmilar to an e~sement (e.g., a restrictive coy. en~nt or equitable servitude). For pur- peses of this section, the terms "e~e- ment", "conservation restriction", and "perpetual conservation restriction" have the same meaning. The de~inl- tion of "perpetual conservation restric- tlon" under this paragraph (b)(2) not Intended to preclude the deduct. Ibility of a donation of affirmative rights to use a l~nd or water area under § l.l'/0A-13(d)(2). Any rights served by the donor In the donation of a perpetual conservation restriction must conform t,o t,he requirements of this sec:ion. See e.~., p~r~gr~ph (d}(4)(ii), (d)(5)(i), (e)¢3), and (g)(4) of this section. (c) Qualified Or~anization--(l) E!i~i. ble donee. To be considered an eligible donee under t,hls section, an organiza- tion must be a qu~lified org~niz~tion, h~ve a corrunttmen~ to protect the con. servation purposes of the donation, and h~ve the resources to enforce the restrictions. A conservation group or. ganized or oper~t,ed primarily or sub- sLa. nt. izlly for one of the conservation purposes specified In sec:ion Reprinted from The Conservation Easement Handbook with permission of the Land Trust Alliance. APPENDIX J Treas. Reg. § 1.170A-14 Infernal Revenue Service, Treasury 170(h)C4)CA) will be considered to have the commitment required by the pre- ceding sentence. A qualified organiza- tion need not set aside funds to eh- force the restrictions that are the sub- Ject of the contribution. For purposes of this section, the term "qualified or- ganl~ation" mea~s: (I) A governmental unit described in section I70(b)(1)iA)(v); (ii) An organization described in sec. tion l?0(b)il)(A)ivl); (iii) A charitable organization de- scribed in section 501(c)(3) that meets the public support test of section 509(a)(2); (iv) A chariteble organization de- scribed in section 501(c)(3) that meets the requirements of section and is ~ontrolled by an organization described in paragraphs (c)(l) (1), (ii). or (iii) of this section. (2) Tran. sfers by donee. A deduction shall be allowed for a contribution under this section only it' in the instru- ment of conveyance the donor prohib- Its the donee from subsequently trans. letting the easement (or, in the case of a remainder interest or the reservation of a qualified mineral Interest, .the property), whether or not for consider. atlon, unless the donee organization. as a condition of the subsequent trans- fer, requires that the cor~servation purposes which the contribution was originally intended to advance contin- ue to be carried out. Moreover, subse- quent transfers must be restricted to organizations qualifying, at the time of the subsequent, transfer, as an eligi- ble donee under paragraph (c)(1) of this section. When a later unexpected change in the conditions surrounding the property that is the subject of a donation under paragraph IbX1). (2), or (3) of this section m~kez impossible or Impractical the continued' use of the property for conservation pur- poses, the requirement of this para- gTaph will be met if the property is sold or exchanged and any proceeds are used by the donee organization in a manner consistent with the conser- vation purposes of the original contri- bution. In the case of s donation under paragraph lb)(3) of this section to which the preceding sentence ap- plies, see also paragraph (g)($)(lD of this section. § 1.170A-14 id) Con~er~tion ~urpo~--(1) In genera/. For purposes of section 170ih) and this section, the term "conserva- tion purposes" mea~s-- il) The preservation of land areas for outdoor recreation by, or the edu. cation of, the general public, within the meantr~ of paragraph id)(2) of this ~ectlon0 '- (ii) The protection of a relatively natural habitat of fish. wildlife, or plants, or similar ecosystem, within the meaning of paragraph id)(3) of this section. (fid The preservation of certain open . space (including farmland and forest land) within the meaning of para. graph id)(4) of this section, or (iv) The preservation of a historical. ly important land area.or a certified historic structure, within the meaning of paragraph id)iS) of this section. (2) ~Recrealton or educalion--(l) [n ~ener~2. The donation of a qualified real property interest to preserve la, nd areas for the outdoor recreation of the general public or for the education of the general public will meet the con- servatlon purposes test of this section. Thus. conservation purposes would in- clude, for example, the preservation of a water area for the use of the public for boating or fishing, or a nature or hiking trail for the use of the public. (ii) Access. The preservation of land areas for recreation or education will not meet the test of this section unless the recreation or education is for the substantial and regular use of the gen- eral public. · (3) Proteclion o! environmental .~ystem--(l) In genero2. The donation of a qualified real property interest to protect; a significant relatively natural habitat in which a fish. wildlife, or plant community, or similar ecosystem normally lives will meet the conserva- tion purposes test of this section. The fact that the habitat or environment has been altered to some extent by human activity will not result in a de. duct. ion being denied under this sec- tion Lf the fish, wildlife, or plants con- tinue to exist there In a relatively nat- ural state. For example, the preserva. tion of a lake formed by a man-made dam or a salt pond formed by a man. made dike would meet the conserva- tion purposes test if the lake or pond 243 APPENDIX J Treas. Reg. § 1.170A-14 § 1.170A-14 were a nature feeding area for a wild. life community that included rare, en- dangered, or threatened native species. CID Significant habitat or ecosl~ste~ Significant habitats ~nd ecosystems include, but axe not limited to, habi. tats for rare, endangered, or threat- ened species of animal, fish, or plants; natural areas that represent high quality examples of a terrestrial com- munity or aquatic community, such as islancis that are undeveloped or not in. teusely developed where the coastal ecosystem is relatively intact; and nat- ural areas which are included in. or which contribute to, the ecological via- bility of a local, state, or national park, nature preserve, wildlife refuge, wilderness area. or other similar con- servation area. (iii) Accel3. r.lmltations on public access to property that is the subject of a donation under this paragraph (d)(3) shall not render the donation nondeductible. For example, a reztric. tion on all public access to the habitat of a threatened native animal species protected by a donation under this paragraph (d)(3) would not cause the donation to be nondeductible. (4) Preservation o/open space--(i) In peri. rat The donation of a qualified real property interest to preserve open space (including farmland and forest land) will meet the conservation pur- poses test of this section if such pres- ervation is-- (A) Pursuant to a clearly delineated Federal. state, or local governmental conservation policy Lnd will yield a significant public benefit, or (B) For the scenic enjoyment of the general public and will yield a sight/l- cant public benefit. An open space easement donated on or after December 18. 1980, must meet the requirements of section iT0(h) in order to be deductible. (ii) Scenic enjoyrr~ent--(A) Factors. A contribution made for the pr6serva- tion of open space may be for the scenic enjoyment of the general public. Preservation of land may be for the scenic enjoyment of the gener- al public if development of the proper. ty would impair the scenic character of the local rural or urban landscape or would interfere with a scenic vano. rams that can be enjoyed from a park, 26 CJ:R Ch. I (4-1-87 Edition) nature preserve, road. waterbody. trail, or historic structure or land area, and such area or transportation way is open to. or utilized by. the public. "Scenic enjoyment"' will be evaluated by considering all Pertinent facts and circurastances germane to the contrl. bution. Regional variations in tepogra. phy, geology, biology, and cultural and economic conditions require flexibility in the application of this test, but do not lessen the burden on.the taxpayer to demonstrate the scenic characteris- ties of a donation under this para. graph. The application of a particular objective factor to help define a view as "scenic" in one setting may in fact be entirely Inappropriate in another setting. Among the factors to be con. sidered are: Il) The compatibility of the land use with other land in the vicinity; (J) The degree of contrast and varte. ty provided by the visual scene; (3) The openne.~ o! the land (which would be a more signific~nt factor in an urban or densely populated setting or in a heavily wooded area); (4) Relief from urban closeness; ($) The harmonious variety of shapes and textures; ($) The degree to which the land use maintains the scala and character of the urban landscape to preserve open space, visual enjoyment, and sunlight for the surrounding ~rea; (7) The consistency of the proposed scenic view with a methodical state scenic identification program, such as a state landscape inventory; and (8) The consistency of the proposed scenic view with a regional or local landscape inventory made pursuant to a sufficiently r/gorous review process. especially If the donation is endorsed by an appropriate state or local gov- ernmental agency. (pt) Access. To satisfy the require- ment of scenic enjoyment by the gen- eral public, visuaJ (rather than physi- cal) acce~ to or across the property by the general public is sufficient. Under the tetras of an open space easement on scenic property, the entire property need not be vizlble to the public for a donation to qualify.under this section, although the public benefit from the donation may be insufficient to qual- ify for a deduction if onJy a small pot- 'APPENDIX J Treas. Reg. § 1.170A-14 Infernal Revenue Service, Treasury tion of the property is visible to the pubUc. (UD G~,*rum~'nb:~ coraer~atton pol/cy--(A) ./*~ 0ew. eral, The require- ment that the preservation of open space be pursuant to a clearly delln. eared Federal, state, or local .govern. mental policy is Intended to protect the types of property identified by representatives of the general public ms worthy of preservation or conserva- tion. A general declaration of conser- vation goals by a single official or leg- islative body is not sufficient. Howev- er, a governmental conservation policy need not be a certification program that identifies particular lots or small parcels of Individually owned proper. ry. This requirement will be met. by donations that further a specific, lden. ti fled conservation proJect~ such as the preservation of land within a state or local landmark district that is locally recognized as being significant to that district; the preservation of a wild or scenic river, the preservation of farm. land pursuant to a state program for flood prevention and control; or the protection of the scenic, ecological, or historic character of land that is con- tiguouz to, or an integral part of, the surroundings of existing recreation or conservation sites. For example, the donation of a perpetual conservation restriction to a qualified organization pursuant to a formal resolution or cer- tification by a local governmental agency establlshed under state law specifically identifying the subject property a~ worthy of protection for conservation purposes will meet the requirement of this paragraph. A pro- gram need not be funded to satisfy this requirement, but the prograph must involve a significsmt commitment by the government with re~pect to the cortservatlon project. For example, a governmental program according pref- erential tax a~essment or preferential zoning for certain property deemed worthy of protection for conservation purposes would constitute ~ signifi. cant commitment by the government. lB) ~r//ecl o/ acceptance by govern. mental agency. Acceptance of an ease- ment by an agency of the Federal Croverru, nent or by an agency of · slate or local government (or by a commis- sion, authority, or similar body duly § 1.170A-14 constituted by the state or local gov- ernment and acting on behsM of the state or local government) tends to es- tablish the requisite clearly delineated governmental policy, although such acceptance, without more, is not suffi- cient. The more rigorous the review process by the governmental ~gency, the more the acceptance of the ease- ment tends to establish the requLsite cleaxly delineated governmental policy. For example, In a state where the legislature has established an En- vironmental Trust to accept gifts to the state which meet certain conserva. tion purposes and to submit the gifts to a review that requires the approval of the state's highest officials, accept. ance of a gift by the Trust tends to es- tablish the requisite clearly delineated governmental policy. However, ff the Trust merely accepts such gifts with- out a review procesa, the requisite clearly delineated governmental policy is not established. lC) Acce~. A limitation on public access to property subject to a dona- tion under this paragraph (d)(4)(lli) shall not render the deduction nonde. ducUble unless the conservation put. pose of the donation would be under. mined or frustrated without public access. For example, a donation pursu. ant to a governmental policy to pro. tect the scenic character of land nesx a river requh-es visual access to the same extent as would a donation under paragraph (d)(4)(tI) of thks sec- tion. (iv) $i~nificanl public beney~l-.(A) Factors. All contributions m~de for the pre.~ervation of open space must yield a si~/icant public benefit. Public benefit wiU be evaluated by considering all pertinent facts and clr- curastances germane to the contribu- tion. Factors germane to the evalua- tion of public benefit from one contri- bution may be Irrelevant in determin. tng public benefit from another contr/. butlon. No single factor will nece.~ari- ly be determinative. Among the fac. tors to be considered are: (I) The uniqueness of the property to the area; (2) The intensity of land develop. rnent in the vicinity of thc property (both existing development and fore- seeable trenc~ of development); 245 APPENDIX J Treas. Reg. § 1.170A-14 § 1.170A-14 (3) The consistency of the proposed open sp~e ~e with pubic pro~ (whether ~ede~. s~ or l~) for ~atlon ~ the re,on. ~cl~ pro~m~ for ou~oor r~rea~lo~ Satlon or wa~r supply pro~tlon. w&~r qu~l[y ma~--n~ or en- hancement, flood prevention ~d con. trol, erosion ~ntrol, shoreline pro~. tion, ~d pro~ctlon of land ~e~ cluded in, or rela~d ~. a ~ove~ent approved m~r pl~ or land m~a~e. ment are~ (4) The co~tency of the proposed open sp~e ~e with ex.tinE private co~e~atlon progra~ In the area, evidenced by other l~d, pro~d by e~ement or fee o~emhip by or~anl. ~tlo~ referred ~ In In close proximity ~ the property; (5) The likelihood that development of the properly would lead ~ or con- tribute ~ degradaMon of the scenic, natural, or h~ric char~ter of the are~ (6) The opportunRy for the generM public to use the proper[~ or ~ appre- cla~ 1~ scenic values; (?) The lmpo~ce of the property in preserving a lo~l or regional land- . s~pe or resource that attr~ ~urbm or co~erce ~ the area; (~) The Hk~llhood that the donee will ~qutre equally desirable and valu. able substltu~ prope~y or probity right; (9) The cost ~ the donee of enforc.. lng the ~ of the co~e~atlon re- striction; (10) The ~pulatlon de~l~y ~ the area of the prope~y; ~d (11) The co~ncy of the propped open sp~e ~e with a leg~latlvely m~da~d pro~ ldenMfylng p~. Mcul~ parce~ of l~d for future pro. ~ctlon. lB) fll~ir~lio~. The prese~atlon of ~ ordinary tract of land would not In and of l~elf yield a si~ific~t public benefit, but the prese~atlon of ordinary land are~ in conJ~ctlon with other f~c~m that demo~tr~ sl~ific~t public benefit or the pres- e~aMon of a Unique land area for public employment would yield a sig- nificant public benefit. For example, the prese~atlon of a v~t do~te~ lot would no~ by l~elf yield a sl~/fl- ~t public benefit, but the prese~a. 26 C~:R Ch. I (4-1-87 Edition) Lion of the downtown lot as a public garden would, absent countervailing factors, yield a sli~lficant public bene- fit. The followin~ are other examples of contributions which would, al~ent countervailing factors, yield a signifi- cant public beneflt~ The preservation of farmland pursuant to a state pro- gram for flood prevention and control; the preservation of a /tnlque natural land formation for the enjoyment of the general public; the Preservation of woodland along a public highway pur- suant to a government program to pre- serve the appearance of the area so as to maintain the scenic view from the highway; and the preservatlon of a stretch of undeveloped property locat- ed between a public highway and the ocean in order to maintain the scenic ocean view from the highway. (v) I. imitatiora A deduction will not be allowed for the preservation of open space under section l?0(h)(4)(A)(iil), if the terms of the easement permit a degree of intrusion or future development that would interfere with the essential sCenic quality of the land or with the govern- mental cortservation policy that is being furthered by the donation. § I.I?0A-14(eX2} for rules relating to incor~lstent U~e. (vi) Relatton~Aip oY' requirem~nfj~. lA) Clearly delineated gover~menlal policy and ~tgntficont public bene./it. Althouth the requirements of "clearly delineated governmental policy" ~nd "significant public benefit" mu~t be met independently, for purposes this section the two requirements may also be related. The more specific the governmental policy with respect to the particular site to be protected, the more likely the governmental deci~ion, by itself, will tend to establish the sig- nificant public benefit associated with the donation. For example, while a statute in State X permitting prefer. entlal a.~e~sment, for farmland Is. by definition, governmental policy, It is distinguishable from a state statute. accompanied by appropriations, naming the X River as a valuable re- source and articulating the legislative policy that the X River and the rela- tively natural .quality of its surround- int be protected. On these facts, an open space easement on farmland in 246 APPENDIX J Treas. Reg. § 1.170A-14 Infernal Revenue Se~lce, Treasury Sta~ X would have to demonstrate additional factor~ to establish °'signifl- cax~t public benefit." The specificity of the legislative ma~qdate to protect the X River, however, would by itself tend to establish the signific~nt public ben- efit a.~oclated with an open space easement on i~nd fronting the X River, lB) Scenic enjoyment and signift. cant public benefit, With respect to the relationship between the require. ment~ of "scenic enjoyment" and niftcgnt public benefit," since the de- grees of scenic enjoyment offered by a variety of open space easements are subjective and not as easily delineated a~ are increasingly specific levels of governmental policy, the significant public benefit of preserving a scenic view must be independently estab. lished in all cases. (C) Donations may satisfy more than one Mst, In some ca, es, open space easements may be both for scenic enjoyment ~nd pursuant to clearly delineated governmental policy. For example, the preservation of a particular scenic view identified part of a scenic landscape inventory by a rigorous governmental review proc- ear will meet the tests of both para. graphs (d)(4)(l)iA) and (d)i4)ii)iB) of this section. (5) Historic preservation--ii) In gen. eraL The donation of a qualified real property interest to preserve ga his- torically important lgnd area or a cer- tified historic structure will meet the con~erv~tt.on purposes test of this sec- tion. When restrictions to preserve a building or land area within a tered historic district permit future development on the site, a deduction will be allowed under this section only l.f the terms of the restrictions require that such development conform with appropriate local, state, or Federal standard~ for construction or rehabili- tation within the district. See also, § 1.170A-14(h)(3)(II). iii) Hi3torically important land area. The term "historically important land area" includes: iA) An independently land area including any related histor- ic resources (for example, an archae- ological site or a Civil War battlelield with r~lat~d raonum~nt~, brtdg¢~, § 1.170A-14 nons, or houses) that meets the Na- tional l~egister Criteria for Evaluation in 36 CFR 60.4 (Pub. L. 89-665, 80 Stat. 915); (B) Any land area within a relrls- feted historic district including any bullding~ on the land area that can reasonably be considered a~ contribut- ing to the significance of the district; and CC) Any land area (including related historic resources) adjacent to a prop- erty listed individually In the National Register of Historic Places (but not within a registered historic district) In a case where the Physical or inviron- mental features of the land area con- tribute to the historic or cultural In- tegrity of the property. (iii) Certified hi~toric structure. The term "certified historic structure," for purposes of this section, means any building, structure or land area which (A) Listed In the National Register, or (B) Located in a registered historic district (a~ defined in section 48(g)i3)(B)) and is certified by the Secretaxy of tl..~ Interior ('pursuant to 36 Ci:~R 67.4) to the Secretary of the Treasury as being of historic signlfl~ canoe to the district. A "structure" 'for purposes of this tion means any structure, whether or not it is deprectable. Accordingly ease- ment~ on private residences may qual. ify under this section. In addition, a structure wo.uld be considered to be a certLfled historic structure t~ it Were certified either at the time the tra2~- (er was made or i~t the due date (in. cludlng extensions) for filing the donor's return for the taxable yeax in which the contribution wgs made. (iv) Access. iA) In order for a cor~er- ration contribution described in sec. tlon l?0(h)i4)iA)iiv) and this para. graph id)iS) to be deductible, some visual public accear to the donated property is required. In the c~e of ga histerical]y important land area, the entire property need not be visible to the public for a donation to qualify under this section. However, the public benefit from the donation may be insufficient to qualify for a deduc- tion If only a small portion of the 247 APPENDIX J Treas. Reg. § 1.170A-14 ~ 1.170A-14 proper~y Ks so visible. Where the hLs- toric l~nd area or certified historic structure which is the subject of the donation Is not vKslble from a public way (~g., the structure is hidden from view by a wall or shrubbery, the struo ture is t~o far from the public way. or interior characteristics and features of the structure are the subject of the e~sement), the terms of the e~sement must be such that the general public is given the opportunity .on a regular basis to view the characteristics ~nd features of the property which are preserved by the e~sement to the extent consistent with the nature and condition of the property. (B) Factors to be considered In de. refraining the type and amount of public access required under para. ~aph (d)(5)(Iv)(A) of this section in- clude the historical significance of the donated property, the nature of the features that are the subject ot the e~sement, the remoteness or accessi- bility of the site of the donated prop- erty. the possibility of physical ha.z- ards to the public vLsitlng the property (for example, an unoccupied structure in a dilapidated condition), the extent to which public access would be a~ un- reasonable intrusion on any privacy interests of individuals living on the property, the degree to which public access would impair the preservation Interests which are the subject of the donation, and the availability of op- portunities /or the public to view the property by means other tha~ v/slLs to the site. lC) The a~notmt of access afforded the public by the donation of an e~se- ment shall be determined with refer- ence to the amount of access permit. ted by the terms of the e~ement which are established by the donor, rather than the amount of access actu- ally provided by the donee organ/za. tion. Rowever, if the donor Is aw~tre of a. ny facts indicating that the amount of access that the donee organization will provide Is significantly less than the amount of access permitted under the terms 'of the e~sement, then the amount of access afforded the public shall be determined with reference to this le.s~er amount. (v) Exampie~. The provisions of paragraph (d)iS)(iv) of this section 26 CFR Ch. I (4-1-87 Edition) may be illustrated by the following ex. amples: £zam~l~ (1). A ~nd hl~ f~mlly live In hou~ ~ ~ ~ifled hls~rlc d~tdct ~ the In~rlor. hM ~hl~ctu~ [eatur~ repre. ~ntlng civic Vlc~rl~ ~rl~ ~hl~. ture. A dona~ ~ ex,flor ~nd In,riot eMement on the pro~rty ~ ~ qualified or. g~l~tlon but continues ~ live In the hou~ with his i~lly. A'~ hou~ ~ surrounded by · high s~ne wall which O~Ur~ the pub. llc's view oi I: from the street. ~uant the :e~ of the e~ement, the house may ~ opened ~ the public from 10:00 a.m. 4:~ p.m. on one Sunday In M~y ~d one Sunday In November e~h Year for ho~e ~d garden ~u~. These tou~ ~re ~ under the su~e~lon of the donee and o~en ~ membe~ of the general public p~yment of · small fee. In addlUon, under the ~rms of the e~ement, the donee orga. ni~tlon ~ siren the right ~ pho~graph the interior and ex,flor of the ho~ and distribute ~uch Photographs ~ mag~ln~. newslet~, or other ~ubllcly ~vaIlable Vu~ Ilotlo~. The ~ of the e~ement also pe~R ~ ~fllla:ed with edu~t/on~ organ~tio~, profe~ion~l arch[t~tu~l ~iatlo~. ~d hh~rlcal s~ietl~ ~ m~e ~ ap~in~men~ through the donee ~tlon to study the prope~y. The donor not ~ware of ~y f~ indicating that public ~cce~ ~ ~ provided by the donee or- g~tlon will ~ si~lflc~tly 1~ that ~lt:ed by the te~ of the e~e. ment. The ~ op~rtunlUes for ~ubllc v~t~ ~r year. when combined wRh :he ~billty the zene~ public ~ view the archi~tu~l ch~racter~U~ ~d /ea:ur~ that ~e the subject of the e~ement through ~a~hs. the op~rtunRy for ~hol~]y ~tudy of the ~ro~rty. ~d the f~t that the ho~ 5 used ~ ~ ~u~l~ resident, will enable the donation ~ ~t~iy the requirement of public ho~e built In the 1840's ~d 1~ on pro~rty that ~ ~J~ent W ~ Civil W~ b~t- Uefield. Durins the Civil W~r the ho~ w~ used M qu~r~ ior Union troops. The battlefield ~ vlsl~d ye~ round by the general public. The condition of the i~ho~e ~ such :~a: the ~fety o~ v~]~ will not ~ jeo~ard~d ~d o~nlng l: ~ the public wilt no: r~ult In sl~lfl~nC deterlo. r~Uon. The f~ho~e IS not visible from the battlefield or ~y ~ubllc way. It 5 stble only by way of a private ro~ o~ed by B. B dona~s & ~e~aUon e~ement on the f~ho~ ~ a qualified org~l~tlon. The ~ of the e~ement provide :h&~ :he donee org~tlon may open the pro~rt~ (via g's road) ~ the gene~l public on iour w~ken~ e~h year from 8:~0 a.m. ~ APPENDIX J Treas. Reg. § 1.170A-14 Infernal Revenue Ser~[ce, Treasury P.m. The donation doe~ not meet, the public ~ requirement because the f~ho~ ~ ~fe. un~upled, ~d e~Jly ~Jble the ~ene~ public who have ~me sl~ ~ v~lt Civil W~ h~c l~d ~e~ (and re~a~d r~ur~L but ~ll o~n ~ the pubUc on four w~ken~ e~h year. However. the donation would meet the ~ubl[c a~ requirement If the ~ of the e~ement ~rmlt~d the donee org~. Uon ~ o~en the pro~rty ~ the public every other weekend during the ye~ ~d the donor Is not aware of ~y ~ indl~t- lng that the donee organi~lon will provide · igniflcan~ly le~ a~e~ th~ tha~ ~d. ~o~e~. (1) ~n ~enera[ To meet the re- qulremen~ of this section, a donation must be exclusively for co~e~aUon ~ur~oses. See paragrap~ lc)(1) (g)(1) through (g)i6)(iD of th~ section. A deducUon will not be denied under this section when inciden~l benefit inures to the donor merely ~ a result of co~e~aUon re~trictlo~ limiting the uses to which the donor's 9roperty may be put. (2) fnco~len~ ~a Except ~ pro- vided in paragraph (e)(4) of thM sec- tion. a deducUon will not be allowed the contribution would ~complish one of the enumera~d co~e~Uon poses but would pe~lt dest~cUon of other si~lficant conse~Uon inter- es~. ~or example, the prese~aUon of fa~land pu~uant to a Eta~ progr~ for flood prevention and control would not qualify under ~ara~aph id)(4) of th~ ~tlon If under the ~ of the contribution a sl~ificant naturally cutting ecosystem could be ~lured or destroyed by the ~e of ~sgfcfd~ the oqe~tion of the f~. However, th~ requirement ~ no~ in~nded ~rohlbit ~es of the pro~e~y, such · elective timber ha~esting or sel~tive fa~lng if, under the circu~c~, those u~es do not impair si~lfic~ conse~atfon In.rest. (3) fnco~n~ ~e pe~it~ A use that M destructive of conse~atlon ~res~ will be pe~lt~d only if such use M nece~ary for the ~ro~ctlon of the co~e~aUon ln~re~ that are the · ubJect of the contribution. For exam. pie, a deduction for the donation of e~ement ~ pr~e~e an archacolo~. ~I si~ that ~ listed on the National Register of Historic PI~ will not dl~llowed If st~ ex~vation co~is~nt § 1.170A-14 with sound archaeolog/cal practices may impair a scenic view ol which the land [Sa part. A donor may continue a pre-ex[sUng Use of the property that does not conflict wRh the conservation purposes of the gift. if) Examp~e~. The provisions of thM section relating to cor~ervation pur- poses may be illustrated by the follow- ing examples. Example (1). State S contains many large tract forests that are desirable recreation and scenic area~ for the general public. The forest~' scenic values attract millions of people to the Sta~e. However. due to the crea~ing intensity of land development In State S. the continued existence of forest. land parcels greater than 45 acres ts threat- ened. J grants a perpetual easement on a lO0-acre parcel of forestland that Is part of one of the State's scenic areas to a qualify- Ins organization. The easement lmposas re- strictions on the use of the parcel for the Purpose of maintaining Its scenic values. The restrictions include a requirement that the parcel be maintained forever as open space devoted excluMvel~ to conservation purpose~ and wildlife protection, and that there be no commercial, industrial, residen- tial, or other development use of such parcel. The law of ~tate S reco~nL~ a lim- ited public right to enter private land, par. · tlcularly for recreational pursuits, unle.~ such la~d is Pusted or the landowner ob. Jects. The easement specifically restricts the landowner from posting the parcel, or from obSecting, thereby malntaintng public access to the parcel according to the custom of the State. J's parcel provides the oppo/"tunlty for the public to enjoy the t~e of the prop. erty and appreciate Its scenic values. Ac-- cordingly, J's donation qualifies for a deduc- tion under thtz section. ~xample ¢2). A qualified conservation or- gan/zatlon own~ Oreenacre in fee ~ a nature preserve. Oreenacre contsJns a high qualtty example of & ta~l grass prairie eco- system. ~xma~re, an operath-~ farm, ad. Joins Orecn~cre a~d ~ a compatible buffer to the nature preserve. Conversion of 1;~r- matte to a more in~n~e use, such ~ a hous. tng development, would adve~oely affect the continued use of Oreenacre as a nature pre. serve because of human traffic generated by the development. The owner of Farmacre donates an e~sement preventing any future development on Fan'nacre to the qualified conservation organization for conservation purposes. Normal agricultural uses will be allowed on Faxmacra. Accordingly, the do. nation qusltfles for a deduction under this section. ~z,zrnp~c (3). H ov~ Oreenacre, a g00- acre parcel of woodland, rolling pasture, and 249 APPENDIX J Treas. Reg. § 1.170A-id § i.170A-14 orcha~d~ on the cre~t of · mo~mtaJ~l. ~ of Gre~n~r~ I~ cle~ly ~fble f~m ~ n~lofl~l p~ ~ of ~he ~rfc~ e~o~e, sfon of 40-ute t~. ~ w~h~ ~ donl~ ~enle e~emen~ on G~een~re ~ ~ qu~lfy. ~re In~ 90-~re p~r~ wl~h no more one slnGle-f~ll~ home ~llow~ble on e~h p~rcel. R~dom bulldln~ on t~e prope~y, e~en ~ HL~Ie ~ one ho~e for e~c~ ~0 would destroy the ~enfc c~c~er of the view. Accordingly, no deducUon would ~ ~. low,hie under this sectJofl. · z~mp~e (~L ~ume the ~e ~ M ~mp~e (~), excel: that not iH of Green- acre ~ visible ~rom the p~rk and :he d~d eMemen: ~]o~s for Ifmf~d cl~:et develop- ment o~ no more th~n ;lye nlne-~re (with ;our houses on each cl~:er) In ~re~ fener~]y no: v~lble ~tom the Uon~] p~rk end subJ~t ~ site ~d bufMlnr ~lan ~prov~l by the donee orglfl~tlon order ~ prese~e the ~enfc v~ew ~rom p~rk. The donor ~d the donee hsve ~denUHed sites where Ifml~d cl~r devel- . opment would not ~ v~fb~e ~rom the or wou ~ not impair the view. O~e~ of homes In :he cluste~ will fiG: h~ve ~y rfgh~ ~f:h respect ~ the surroundfnf Oreefl~ete pro~y th&: ~e no: ~2so · ble to the general public. A~ordJn~ly. the donaUon qu~Jfff~ ~Or I deduction ~det this section. ~m;~e (5). Zn order ~ pro~: 8~ ~eclfnfng open s~e :h~t ~ ~ul~d ~or s~f. cultur~ ~e From fncte~fnf development Pre,ute that hM led ~ i m~rked d~Hne In such open space, the ~laLure of 8~ 8 P~ · s~tute ~utho~n~ the purchMe o~ "~icultu~ l~d development right" on o~n ~reage. A~rlcultu~ l~d develop. merit rlehM ~llow the 8~ ~ Pl~ce tur~ prese~tton rest~etlo~ on l~d desl~. n~d ~ wo~hy of pro~tlon ~ order ~ pr~e~e o~n sp~e ~d f~ ~our~. ~. ricultu~l prese~Uon r~t~c:~o~ or limit co~t~cUon or Pl~ment of build. Ings except those ~ed for ~cultur~l put. pose~ or dwellings ~d for f~fly living by the f~rmer and h~ f~lly ~d employees: remowl of mlner~l su~nc~ In m~er th~: ~dversely eff~ the l~nd's ricultur~l Po~nUal; or ot~er ~ deCrlmen. t~l ~ re,hUGh of :he land for use. Money hM ~en ~pproprf~d for this progr~ ~d some l~do~em have ~ sold their "agrlcultu~l J~d development right" ~ $~ 8. ~ o~ ~d opera.s a amPI dairy f~ In S~ $ l~a~d In ~ ~ea d~i~a~d by the ~alature ~ worthy of pro~tion. ~ d~ire$ ~ ~re~e hM fa~ for a~lcultur~ purposes in ~. tufty. Rather th~ ~lllng ~he development righ~ ~ 8~ 8, ~ ~ ~ a qualified or. 25O L~Lnl~ion L~ ~c~t~ Pr~tlon s~ctlon on h~ p~y M the fo~ of ~, h~ hef~ ~d ~f~ the Utht m~age the f~ eo~5~nt ~th ~und fleultu~ ~d m~agement P~U~. The preae~tlon of K'$ l~d ~ PU~u~t ele~rly.detlnea~d goVe~en~ ~lley of Pr~e~tng o~n sP~e available for rural ~e, ~d will yield ~ sl~lflc~t public ~nefP by preaching open space agal~t In- eye.lng development pre.urea. (g} E~orceab~e in Pe~elaiiy._( 1 ) In genera. In the e~e of any donation under this s~Uon, any interest In the property reamed by the donor (and the donor's suece~or$ In Interest) must be subJee~ to legally enforceable reatrlctio~ (for example, by records. ~ion In the land reeor~ of the Jurtsdle. tlon tn which the property la located) that will prevent uses of the re~lned Interest inco~latent with the eo~er. vaUon purposes of the don~Uon. the e~e of a eontrlbuUon of a rem~ln- der ~terest, the contribution will not qualify if the tenant, whether they · are tenan~ for life or a ~ of yea~, ~n use the property in a manner that diminishes the eonse~aUon values which are intended to be protected by the contribu Uon. (2) Protection o/ a eo~e~iton ~ur. pose in c~e o/ donation o/ pro~erl~ $~b~eci to e mortgage. In the ~e of conae~atlon eon:ribuUo~ made afar February la, la86. no deduelon will be ~ft~d under ih5 section for ~ M. ~reat In proper~y whfeh ~ aubJ~t to a mo~gage ~e~ the mortgagee aubor. dln~t~ 1~ rlghM ~ the pro~y the right of the qualified organ~tlon ~ e~orce the Co~e~atlon purpoae~ of the gift In perpetuity. Pot eo~e~a- tlon contribuUo~ m~de prior ~ Feb. rusty 14, 1~88, the requirement of sec. tion 170 (h)(S)(A) ~ satisfied in the e~e of mortgaged property (with re- spect ~ which the mortgagee h~ not subord~ated 1~ right) only ff the donor can demo~trate that the con- ae~atlon purpose ~ protected ~ per- ~tuity without subordination of the mortgagee's rlgh~. ia} ~emole /ulure even& A deduction ~hall not ~ disallowed under section lTO(f)(a)iB}(ilD and th~ merely became the interest which P~ea ~, or 5 vested in, the donee or. APPENDIX J Treas. Reg. § 1.170A-14 Infernal Revenu4 Service, Treasury ganization may be defeated by the per- formance of some act or the happen- tng of some event, ff on the date of the gift it appears that the po~lbllity that such act or event will occur is so remote as to be negillrlble. See para. graph (el of J I.I?0A-I. For example, a state's statutory requirement that use restrictions must be rerecorded every 30 year~ to remain enforceable shall not, by Itself, render an easement non- perpetual. (4) ~efenlion of qualified mineral interest--H) In genera/. Except as oth- erwise provided in paragraph (g)(4)(li) of this section, the requirements of this section are not met and no deduc- 'tlon shall be allowed in the case of a contribution of any Interest when there Is a retention by any person ol a qualified mineral interest (as defined in paragraph cb)(l)(i) of this section) It' at any time there may be extrac. tlons or removal of minerals by any surface mining method. Moreover, in the case of a qualified mineral Interest gift, the requirement that the conser. ration purposes be protected In perpe- tuity is not satisfied If any method of mining that is inconsistent w.-:h the particular conservation purposes of a contribution is permitted at any time. See also § l.l?0A-14(e)(2). However. a deduction under this section will not be denied in the case of certain meth. ods of mining that may have limited, localized Iml~act on the real property but that are not irremediably destruc. tire of significant conservation inter. ests. For exaxnple, a deduction will not be denied in a case where production facilities are concealed or compatible with existing topography and land- scape and when surface alteration L~ to be restored to t~s original state. iii) Exception for qualified conserva. tion contribution~ after July 1984..IA) A contribution made after July 18, 1984, of a qualified real property inter. est described in section 1-70(h)¢21(A) shall not be disqualified under the first sentence of paragraph (g)(4)(I) of this section if the following require- ments are satisfied. (1) The ownership of the surface estate and mineral interest were sepa- rated before June 13, .1976, and remain so separated up to and including the time of the contribution, § 1.170A-14 (2) The present owner of the m~ner- al interest is not a person whose rela- tionship to the Owner of the surface estate is described at the time of the contribution'in section 267(b) or sec. tion '/0'/(b), and (3) The probability of extraction or removal of minerals by any surface mining method is so remote as to be negligible. Whether the probability of extraction or removal of mineraLs by surface mining is so remote az to be negligible Is a question of fact and is to be made on a case by case baals. Relevant fac- tots to be considered in determining if the probability of extraction or remov- al of minerals by surface mining Is so remote az to be negligible include: Ge- ological, geophysical or economic data showing the absence of mineral re- serves on the property, or the lack of cow. rnercial feasibility at the time of the contribution of surface mining the mineral interest. (B) If the ownership of the surface estate and mineral interest first became separated after June 12, 1976. no deduction is permitted for a contrl. bution under this section unler~ sur. face mining on the property is com- pletely prohibited. (iii) Examples. The provisions of paragraph (g)(4)(i) and (ii) of this sec. tton may be illustrated by the iollow. lng examples: Ezampl~ (11 Kownz 5,000 acres of bot- tomland hardwood property along a major watershed system in the southern pa~t of the United scares. Agencies within the De. partment of the Interior have determined that southern bottomland h~rdweods ~re a rapidly diminishing resource ~nd a critical ecesystem in the south because of the in- tense pressure to cut the trees and convert the land to a~'icultural use. These agencies have further determined (and have indicat. ed in correspondence with K) that bottom. land hardwoocLs provide a superb habitat for numerous species and play a~l important role in controlling floods and purifying rivers. K donates to a qualified organization hLs entire interest In this property other than his Interest In the g~s a~d oil deposits that have been identified under K's proper. ry. K covenant~ and c~n ensure that, al. though drilling for gas and oil on the prop- erty tn~y have some temporary localized Impact on the real property, the drilling will not interfere with the overall cor~ervatlon purpose of the gift, whlch"is to protect the 251 APPENDIX J Treas. Reg. § 1.170A-14 § 1.170A-14 unique bottom~=~d hardwood ecosystem. Accordingly, the donation qualifies for a duc~on ~der t~ ~tfom $zam~ (2). ~e the ~e f~ ~ ex.pie fl). ex.pt that ~ 1979. K ~1~ the In ~ ~'~-len~h t~tion, subJ~t ~ r~orded prohibition on the remov~ of ~y m~e~ by ~y surf~ m~Mg meth~ ~d a r~rd~ p~hlbltlon ~al~t ~y ~c~lque that will h~ the ~t~ml~d hardw~ ~ys~m. M~r the ~le ~ A, dona~ a qu~lfle~ rem pro~y ~r~t a quallfl~ o~tlon ~ proof the ~ml~d h~dw~ ~ozyz~m. ~lnce at the time of the t~fer, zurf~e rain{nC and ~y min~g ~lque that ~11 h~ the ~ml~d h~dw~ ~ys~m are compleX. ly prohibit, the donation quaHfi~ for deduction under th~ ~tlon. (5) P~Mct~on of co~e~atgon ~ur. po~e w~re t~paFer re~e~e~ certain ~gh~. (D Docu~ntaffo~ In the ~e of a donation made afar February 13, 1986, of ~y qualified re~ prope~y In- ~r~t when the donor rese~ rlgh~ the exercMe of which may Impair the co~e~ation in~res~ ~oc~amd with the prope~y, for a deduction ~ ~ M. lowable under th~ section the donor m~t make available ~ the donee, prior ~ the time the donation ~ d~umen~tlon sufficient ~ the condition of the pro~rty at the time of the gift. Such d~umentatlon ~ desired ~ pro.ct the ~r~ ~la~d with the property, which ~though proceed In perpetul. ty by the e~ement, could be adve~ely aff~ by the exerc~ of the re- ze~ right. Such d~umen~tion may ~clude: iA) ~e appropria~ s~ey from the U~d ~ ~eologi~ ~u~ey. show~g the pro~rty line ~d other ~ntl~o~ or he.by protec~d are~; . (B) A map of the area ~a~ ~ ~le showing all existing m~-made ~. provemen~ or Mcu~o~ (such ~ roa~. buildings, fences, or ~avel reception ~d ldentffl~tlon of flora ~d fa~ (including, for ex.pie, rare sp~ l~atio~, ~[mal breed~g ~d ro~tlng are~, ~d relation rou~), l~d ~e h~ry (including pr~ent ~es ~d recent p~ disturb- ~c~). ~d d~tlnct natu~ featur~ (such ~ large trees ~d ~uatlc are~); (G) ~ aerlM pho~aph of the prope~y ~t an appropria~ z~le ~ken 26 CFR Ch. I (4-1-87 Edition) aa close as po~tble to the da~ the do- nation is made; and (D) On.~lta photographs t~ken at ap- propriate locations on the property. If the ternu of the donation contain re- strictions with regard to a particular natural resource to be protected, such as water quality or air quality, the condition of the resource at or near the time of the gift must be estab- lished. The documentation, Including the maps and photographs, must be accompanied by a statement signed by the donor and a representative of the donee clearly referencing the docu. mentation and in substance saying "ThLS natural resources inventory is an accurate representation of [the protected property] at the time of the (11) Oonee'~ right to in~peciion and legal remedies. In the ca~e of any do. nat[on referred to in paragraph lC)iS)if) of this section, the donor must agree to notify the donee, in writing, be/ore exercising any reserved right, ~/~. the right '~o extract certain minerals which may have an adverse Impact on the conservation interests. ~-~oclated with the qualified real property interest. The terms of the do- nation must provide a right oi the donee to enter the property at reason. able times for the purpose nf inspect. lng the property to determine ii there is compliance with the terms of the donation. Additionally, the terms oi the donation must provide a right of the donee to enforce the co/~ervation re, frictions by appropriate legal pro- ceeding~, including but not limited to, the right to require the restoration of the property to Its condition at the time of the donation. (6) Extin~uizhmenL' il) In general. If a subsequent unexpected change in the conditions surrounding the prop- erty that ls the subject of a donation under this paragraph can make lmpos. sfble or Impractical the continued use oi the property tot conservation put. poses, the conservation purpose can nonetheless be treated a~ protected in perpetuity if the restrictions are extin. gulshed by Judicial proceed/nc and all ol the donee'a proceed~ (determined under paragraph (g)(6)(ll) of this see- tion) irom a subsequent sale or ex- change oi the property are used by 252 APPENDIX J Treas. Reg. § 1.170A-14 Infernal Revenue Service,Treasury the donee organization in a manner consistent with the conservation pose~ of the original contribution. (ID Pr~ceea~. In case of a donation made after February 13. 1986, for a de- duction to be allowed under this see. tion, at the time of the gift the donor must agree that the donation of the perpetual conservation r~tr/ctlon gives rise to a property right, h-nmedl. ately vested in the donee organ/zatlon, with a. fair market value that is at least equal to the proportionate value that the perpetual conservation re- striction at the time of the gift, bears to the value of the property as a whole at that time. See § l.l?0A-14ih)(3)(lii) relating to the allocation of basis. For purposes of this paragraph that proportionate value of the donee's property rlght~ shall remain constant. Accordingly. when a change In conditlonz give rise to the extin- guishment of a perpetual conservation restriction under paragraph of this section, the donee organization, on a subsequent sale, exchange, or in. voluntary conversion of the subject property, must be entitled to a portion of the proceeds at least equal to that proportionate value of the perpetual conservation restr/ction, unle~ state law provide~ that the donor is entitled to the full proceeds from the conver- sion without-regard to the terms of the prior perpetual conservation re- striction. (h) Fa/uation--(1) Entire interest o/ donor other than qualified mineral in. terest. The value of the contribution under section I'/0 in the case of a con. trtbutlon of a taxpayer's entire inter. est in property other than a qualified mineral interest is the fair market value of the surface rightz in the prop- erty contributed. The value of the con- tribution shall be computed udthout regard to the mineral rights. See para. graph (h)(4), example (1), of this sec. tlon. (2) ~emainder inlerest in real prop. erty. In the case of a contribution of any remainder interest in real proper- ty, section l?0(fl(4) provides that in determining the value of such interest for purposes of section I?0, deprecia. tlon and depletion of such property shall be taken into account. See § I.I?0A-12. In the -~se of the contri. ~ 1.170A-14 button of a remainder interest for con. servatlon Purposes, the current fair market value of the property Ca.ain, t which the l/mltatior~ of ! 1,170A-12 are applt~} m~t ~ke ~ ~o~t ~Y pre~x~tlng or ly r~orded ~gh~ limiting, for co.er. ration ~u~s, the ~e ~ which the · ubJeet ~rope~y may be ~ut. (~) ~e~el~ co~e~alion re~t~c. lion--iD In gener~ The value of the contribution under section I~0 tn the ~e of a chaH~ble contribution of a Ve~etual co~e~atlon restrict/on the fair market value of the ~etual co~e~ation restriction at the time of the contribution. ~ee ! 1.1~0A-Tic). If there 5 a subs~tlal re.rd of sales of e~emen~ compa~ble to the donated e~ement (such ~ ~u~ch~es pu~u~t to a ~ove~en~l ~ro~am), the fair market value of the donated e~ement is b~ed on the sale~ ~rlces of such comparable e~emen~. If no subs~. tl~ record of market-~l~e sale~ available ~ use ~ a meaningful or valid compa~on, ~ a ~ene~l rule /but not nece~arfly In all ~es) the fair market value of a ~erpetu~ con. se~atlon r~rlctlon ~ equal ~ the difference between the fair market V~ue of the ~rope~y It encumbe~ ~fore the ~tin~ of the restriction ~d the fair market wlue of the en- cumbered ~rope~y ~r the ~tin~ of the re~t~ction. The amount of the deduction ~ the c~e of ~ ch~ltable contribution of a Pe~etu~ tion restriction coverM~ a portion the contl~o~ ~ro~y o~ed by a donor ~d the donor's f~lly (~ de- fied ~ s~tlon 26~ic)(I)) h the differ. ence between the fair m~ket value of the entire contt~o~ parcel of pro,er. ty ~fore ~d afar the ~antin~ of the r~trictlom If the ~antin~ of a peter- ual co~e~atlon restriction afar ~. uary 14, ,1~8t, h~ the eff~t of ln- cre~in~ t~e value of any o~her prop- e~y o~ed by the donor or a related pe~on, the ~ount of the deduction for the co~e~ation contribution shall ~ reduced by the amount of the cre~e In the value of the other prop- erty, whether or not such ~roperty contt~ous. If. ~ a result of the dona- tion of a pe~etual co~ervation strtction, the donor or a related person r~elv~, or can ~e~onably expect to 253 APPENDIX J Treas. Reg. § 1.170A-14 ~ 1.170A-14 receive, financial or economic benefits that are greater than those that will Inure to the general public from the transfer, no deduction is allowable under this section. However, If ~he donor or a related person receives, or can reasonably expect to receive, a naiaclal or economic benefit that is substantial, but it is clearly shown that the benefit is less than the amount of the transfer, then a deduc- tion under this section is allowable for the exceas of the amount trm~ferred over the amount of the fln~nc/al or economic benefit received or res.son- ably expected to be received by the donor or the related person. For pur- poses of this paragraph (h)(3)¢(1), re- lated person shall have the same meaning as in either section 267(b) or section ?0?ih). (See example (10) of paragraph (h)(4) of this section.) (ll) Fair market voJue o/ property before and afler restriction. If before and after valuation is used, the fair market value of the property before contribution of the conservation re- striction must t~ke into account not only the current use of the property but also a~u objective assessment of how immediate or remote the likeli- hood Is that the property, aksent the restriction, would in fa~t be developed, as well as any effect from zonln/., con. servatlon, or historic preservation laws that already restrict the property's po- tential highest and beat use. Further, there may be instances where the ~rant of .a conservation re, traction may have no material effect on the value of the property or may In fact serve to enhance, rather than reduce, the value of property. In such in- stances no deduction would be allow. able. In the ca~e of a cOnservation re- striction that allows for any develop. men/;, however limited, on the proper- ty to be protected, the fair maker value of the property al'ret contribu- tion of the restriction must take into account the effect of the development. In the cese of a conservation easement such as an easement on a certified his- toric structure, the fair market value of the property after contribution of the restriction must take into account the amot~nt of acce.~ permitted by the terms of the easement. Additionally, if before and after valuation is used, an 26 C.CR Ch. I (4-I-87 appraisal of the property a~ter contrt. buUon of the restriction must te~e into account the effect of restrictions that wffi result In a reduction of the potential fair market value represent. ed by highest and best use but will, nevertheless, permit Uses of the prop- erty that will Increase Its fair market value above that represented by the property's current use. The value of a perpetual conservation restriction shall not be reduced by reason of the existence of restrictions on transfer designed solely to ensure that the con. servatlon restriction will be dedicated to conservation purposes. See § IA?0R-II all) Allocation o! t[msts. In the case of the donation of a qualified real property interest for c&nservatlon put. poses, the basis of the property re- tamed by the donor must be adjusted by the elimination of that part of the total basis of the property that Is . properly allocable to the qualified real property Interest granted. The amount of the basis that is allocable to the qualified real property lnter~t shall bear the same ratio to the tOtal basis of the property as the fair market value of the qualified real property in. retest bears to the fair market value of the property before the graatfng of the qualified real property interest. When a taxpayer donates to a qualify- lng conservation organization an ease. ment on a structure with respect to which deductions are taken for depre. clarion, the reduction required by this Paragraph (h)($l¢il) in the basis of the property retained by the taxpayer must be allocated between the struc- ture and the underlying land. (4) Examples. The provisions of this section may be illustrated by the fol. lowing examples. In examples illus. trating the value or deductlbllity of donations, the ·pplicable re~trlcUona and limitations of § 1.170A-4, with re- spect to reduction in amount of chart. table contributions of certain appreci- ated property, and § I.l?0A-8, with re. spect to limitations on charitable de. ducUons by lndlviduais, must also be taken into a~Count, £z·rnp/e IlL A oa'n~ Ooldacre. · property adjacent to a slate park. A wanLs to donate C-olda~re to the ~late to be U~ed as part, of 254 APPENDIX J Treas. Reg. § 1.170A-14 Internal Revenue Service, Treasury the p~rk. but A want~ to reserve a qu~.ffled miner~ Interest In the property, to exploit currently and to de,.dze at death. The fair market value of the surface fights In Gol- dacre M 5200,000 and the f~h' market value of the mIneral rights in 5100.000. In order to ensure that the quality of the park will not be de~r~led, restrictions must be Imposed on the right' to extr~t the minerals that reduce the fair market value of the mineral rights to 580,000. Under thI- section, the value of the contribution Iz 5200,000 (the value of the surface rights}. £zamp/e (2). In 1984 B. who Is $2, donates a remainder interest In Greenacre to a qualifying orga.'~zatlon for cor~ervatlon purposes. Greenacre Iza tract of 200 acres of undeveloped woodland that M valued at $200,000 at Its highest and be~t use. Under J 1.170A-12(b}, the value of a remainder In- terest In real property followIng one life determined under J 25.2512-$ of the Gift Tax Hegulatlonz. (.~ee J 25.2512-9 with re. spect to the valuation of annuities, life tater, terms for yearn, remainders, and re- versions trartsferred after December 31, 1970 ~nd before December 1, 1983. With re- spect to the valuation of ~nultJes, life e~- tales, tern~ for years, remainders, a~d re. versions tra~zferrecl before Sanuary 1. lgTl. see T.D. 6334, 23 FI~ 8904, November 1958, az amended by T.D. '/079, 35 ~ 18454, December 4, Ig?01. Accurdingly. the ',alue of the remainder Interest. s.nd thu~ the ·mount eligible for an Income ~ax deduction under .,,action l?0(f). Is $55.995 ($200.000x.27998). Example (3). A.~ume the aurae facts ~z In example (2). except that Greenacre iz B's 200-acre estate with a home built during the colonial period. 8oma of the acreage around the home Iz cleared: the balance of Green. acre. except for acce~ roads. Iz wooded and undeveloped. See section However, B would like Greenacre to be maintained in Its current state if tar hfs death, zo he donates a remainder interest in Greenacre to a qualifying organization for conservation purposes pur~unt to section 170 (IX3I(B)(IIi) and (h)(2~tB). At the time of the gift the land h~z a value of 5200.000 and the house h~ a value of $100.000. The value of the remainder Interest. and thus the amount eligible for an Income '~x de. duction under section 170¢f). is computed pursuant to § 1.170A-12. See J 1.170A- 12¢b)(3). Example (~)..&~zume the same facts az In ex~.mple (2). except that at age 62 iv. stead of donating a remainder Interest B donates an easement in Greenacre to a qualifying o-ga. nization for cor~ervatlon purposes. The fair market value o~ Greenacre after the dona. Lion l~ reduced to Stl0.000. Accordingly. the value of the easement, and thus the amount eligible for a deduction under section la $90.000 ($200.000 lezz $110.0001. ~ 1.170A-14 £zumple ($). Assume the Z~me facts az in ex.pla (4). ~d ~e that th~ l~r, aL ~e 65. B d~ld~ ~ dona~ a re- tarder ~r~t ~ Granite ~ a qu~ify. lng o~t~on for ~atlon pu~. ~cre~lng ~ ~ valu~ ~ the ~re$ have ~iz~ the f~r market V~ue of ~re (sublet ~ the e~ement} ~ $130.~. A~ordingly. She v~lue of the remainder ln- ~rezt, and ,~ the ~ount eligible for deduction under s~t~on 170(fi, ~ 541,639 (5130,000 g.32030~. Example iS}. ~ume the ~e f~ ~ In er~ple (2~, except that a~ the time of the donation of a rema~der In.rest In ~reen- acre. B also dona~ ~ e~ement ~ a differ- eot qualifying org~Uon for co~e~Uon purposes. B~ed on ~ll the f~ ~d c~rcum. s~cez, the v~ue of the e~ement ~ de~r- mined to be $100,0~. Therefore, the value of the prope~y ~r the e~ement $100,000 ~d the value of the remainder In. rarest, ~d th~ the ~ount eligible for ductlon under ~ction l~0(f), ~ 527.998 ($100,000 x ~te confining a ho~e built dur~g the colonial pe~. At l~ highest and ~t ~, for home development, the fair market v~ue pi ~reen~re ~ 5300,000. C dona~ ~ e~ement {~ main~ln the house and Green ~re ~ ~he~r current ~} ~ a org~t~on for co~e~aUon Pu~s~. ~e fair market value of ~reen~re afar the nation ~ r~ucod ~ $125,0~. Accordingly. the wlue of the ~ement ~d the ~o~t eH~ble for · doduct~on ~der s~t~on 170(f} ~ $175.000 ~$300,000 I~ $125,~0~. Example (~. ~ume the ~e f~ ~ In ex--pla (7} ~d ~e that three ye~ later, ~ decides to dona~ ~ remainder ~r- est ~ Green~re ~ a qualifying org~. tiao for co~e~ation pu~ Inc~ing real ~te valu~ ~ the area have ~d the fair market, value of ~r~n~re ~ $180.000. ~ume that ~e of the ~r- ~ual e~ement ~rohib{t~g ~y develop. ment of the land. the wlue of the ho~ ~ $120.~0 ~d the v~ue of the l~d ~ $60,000. The value of the rema~der in~r- ~t, ~d thus the ~oun~ ell~ble for ~ income ~x deductinn under section 170(fi, ~ computed pu~u~nt ~ ! LiTOA-12. ~e t Example (9~. ~ o~ pro~erty with a of $20,000 ~d a fair market value of $80,000. D dana.s to a qualifying t~on an e~emen~ for co~e~atlon puppies that ~ de~e~tned under th~ section ~ have a fair m~ket value of $60,000. The amount of b~ all~ble to the e~ement ~ 515,000 ($~0.000/$80.000 = $15,000/$20.000 L Accordingly, ~he ~ of t~e ~ro~rty ~ duced to $5,000 f$20,000 min~ $15,000). Example fl0). E o~ 10 one-~re Io~ that ~e currently woo~ and parkland. The fair 255 APPENDIX J Treas. Reg. § 1.170A-14 § 1.17'1'1 ms. rket v~ue of e~ch of ~*'s lot~ ~ $15.000 ~d the ~ of e~h lot ~ $3,~. E ~ ~ ~e ~y t ~tu~ e~ment for ~n- ~tlon pu~ ~ ~ ~d m~in~ eight of t~e ~r~ ~ ~ public p~k ~d ~ strict ~y future development on eight ~. ~ g r~ult of the the v~ue o[ ~e eight ~r~ M reduc~ S1.0~ ~ ~re. ~o~ever. by pe~tu~ly ~trlcting development on th~ portion o[ the lsnd. ~ h~ e~ur~ thgt the two remaining ~re~ will glw~y$ ~ ~rdered by p~rkl~d. thu~ ~cre~g their {~ m~ket vslue $22.500 e~h. Ir the eight ~r~ represen~ ~l or ~'~ l~d. the [~lr m~rket v~lue o[ the e~ment would ~ $112.0~, ~ ~ount equgI ~ the r~lr m~rket v~ue o~ the l~d ~ore the ~ting o~ the e~ement (8x$15.000 =$120.000) mln~ the m~rket vslue o~ the encum~red l~d g~r the ~nting o~ the e~ement e~ement o~y covered ~ ~lon of the p~yer"s ¢ontl~o~ I~d, the ~ount of the deduction unde~ s~lon ~70 ~ reduced to Sgg,000 (~150.000-~53.000}, ~h~ ~, the dif- ference ~tween the f~lr m~ket v~lue of the entl~e ~t of l~d ~/ore ~d ~r ((8x~L000)+C2x ~22,500)) the ~n~e of ~he e~emenL ~zamp~ (~). ~ume the ~e f~c~ ~ ~mp~ (ZO). ~lnce the e~eme~ cove~ ~lon o~ ~'s l~d, only the b~ of ~lon ~ ~J~d. Therefore. the ~moun~ of b~ ~l~ble ~ the e~ement ~ ~22,400 ((8 x ~3.000) x ($ Z 12.000/$120.000}). Accord- ~ly. ~he b~ of ~he eight ~res encum. ~r~ b~ ~he e~ment ~ reduced ~o (S24.000-~22,4~), o~ $200 fo~ e~h ~re. The b~ls of ~he two ~em~ining ~r~ ~ not tr. f~d by ~e dan~Uon. slon~ off[~ · ~wo-s~ building ~h~t within ~ reg~r~ h~r~c d~trlc~ ~s bulldln~ ~ ~ out.ding ex--pie o[ ~ ~hl~ture wl~h a i~r m~ke~ v~ue o[ ~125,~. Rest~c~d ~ I~ curren~ ~, whioh ~ ~he hl~h~ ~d ~t ~ of the pro~y without m~ln~ ch~ges ~o the la.de, the bulldln~ ~d lot would have a l~ir m~ke~ v~ue of ~100,000. of which $80.000 would ~ Ml~ab[e ~ the buildin~ ~d $20,000 woud ~ all~ble ~ ~he loC. F'~ b~a in ~he proper~y a $50.000, of which $40,000 ~ Ml~ble ~ the building ~nd $10,000 ~ affable'to ~he loC, F's neighbor. hood h a mix of resldenUM ~d commercial ~es, ~d It ~ p~ible thai PIor another o~er) could enl~ge ~he building for more ex~lve co~e~i~l u~e. which ~ I~ high- ~ ~d ~t ~. However, th~ would quire ch~g~ ~ ehe f~ade. P would like ~ ~Hon ~ e~ment r~rict[ng ~y ch~ges ~ the f~e ~d promls[n~ ~ main~in ~he f~-~e ~ ~tulty. The donaelon would qualify for a d~uc:ion under Ch5 256 26 C~R C~. I (4-I-87 Edition) ~Y, befolre the e~ement, S125,0~0, minus the ~r m~ket V~ue of the pro~y ~r the e~me~. S1~.~). ~u~t ~ { 1.170A- liih)i3XIll), the b~ ~l[~ble ~ the ment ~ ~I0,~ ~d the h~ of the Under. lying P!~Y (building ~d lot} ~ ~duced ~ $40.0p0. ~(l} S~5slan~tatton re~uire~nL If xPayer m~es a qualified conse~a. tlon contribution ~d claims a deduc. t[on. tH~ ~xpayer must main~ln writ- ~n recbr~ of the fMr market v~lue the u~derlying proper~y before ~nd afar t~e don~elon and the co.eryc. t/on PUrpose furthered by the dona- tion ~d such info~atlon sh~ll be 's~ted In the ~x~yer's Income ~x return Ii required by the return or [~ I~truc~lo~. See also t 1.170A-13Tic) (relatin~ ~ subs~ti~lon require. men~ Ior deductio~ In exc $5,000 ',for ch.ritable contrl~io~i made agar I~14), and section 6659 (re- lating ~ addttlo~ '~ tax In ~he c~e of v~luatlon ove~tate~en~). ii) Effecti~ da~. Excepe ~ other. w~e provided In { 1.170A-14(g)(4)(ii), this section applies only to contrlbu. tlo~ m~e on or after December 18, 1980. [T.D. ~0~$. 51 ~ 1499. Jan. 14. 1986:51 ~ 5322, Feb~ 13, 1985; 51 ~ ~219, Feb. 21, 19~61 bo~d premium ~ ~mort[~b~e by the o~e~ o~ the bo~d (~ defl~ed ~n ~aph (1~ or (2) of this p~ragr~ph ~ follows: i I . (I) ~ort~tion of bond premium fa mandatoly with respeC~ to: ii) ~11~ tax-exempt bonds (the in- .rest on which is excludable from ~o~ lncdme), whether the owner is a corporation, individu~l, or other tax. Payer; ~nd (Ii) P~rtlally ~x-exempt bon~ o~ed by i corporation. (2) ~ov~i~tion of bond premium la optional, at the election of ~he taxpay. er, wl~h re s~c~ to: (D ~lly t~xable bon~, whether the o~er 5 ~, corporation, lndlviduM, or other tax; ayer; and -1- (a) General The value of the gross estate of the decedent shall be determined by including to the extent provided for in this part, the value at the time of his death of all property, real or personal, tangible or intangible, wherever situated. (b) Valuation of unlisted stock and securities In the case of stock and securities of a corporation the value of which, by reason of their not being listed on an exchange and by reason of the absence of sales thereof, cannot be determined with reference to bid and asked prices or with reference to sales prices, the value thereof shall be determined by taking into consideration, in addition to all other factors, the value of stock or securities of corporations engaged in the same or a similar line of business which are listed on an exchange. (c) Estate tax with respect to land subject to a qualified conservation easement- (l) In general- If the executor makes the election described in paragraph (6), then, except as otherwise provided in this subsection, there shall be excluded from the gross estate the lesser of-- (A) the applicable percentage of the value of land subject to a qualified conservation easement, reduced by the amount of any deduction under section 2055(0 with respect to such land, or (B) the exclusion limitation. (2) Applicable percentage- For purposes of paragraph (1), the term "applicable percentage" means 40 percent reduced (but not below zero) by 2 percentage points for each percentage point (or fraction thereof) by which the value of the qualified conservation easement is less than 30 percent of the value of the land (determined without regard to the value of such easement and reduced by the value of any retained development right (as defined in paragraph (5)). (3) Exclusion limitation~ For purposes of paragraph (1), the exclusion limitation is the limitation detemdned in accordance with the following table: In the case of estates of The exclusion decedents dying during limitation is: 199~ $100,000 1999 $200,000 Copyright 1999, Tax Analysts (February) 2000 2001 2002 or thereafter (4) Treatment of certain indebtedness- (A) In general- The exclusion provided in paragr~ debt-financed property. (B) Definitions- For purposes of this paragraph-- (i) Debt-financed property- The term "debt-financed prop¢ there is an acquisition indebte~ decedent's death. (ii) Acquisition indebtedness- The term "acquisition indebte property, the unpaid amount o: (I) the indebtedness incurn (1I) the indebtedness incun indebtedness would not ha (1II) the indebtedness incm indebtedness would not ha incurrence of such indebte~ such acquisition, and (IV) the extension, renewa (5) Treatment of retained developmen (A) In general- Paragraph (1) shall not apply to tl donor in the conveyance of a qual (B) Termination of retained devel~ If every person in being who has land executes an agreement to ext development rights (as defined in before the date for filing the retun imposed by section 2001 shall be with the return of the tax imposed form as the Secretary shall prescri -2- $300,000 $400,000 $500,000. ph (1) shall not apply to the extent that the land is rty" means any property with respect to which ness (as defined in clause (ii)) on the date of the tness" means, with respect to debt-financed '__ :d by the donor in acquiring such property, ed before the acquisition of such property if such le been incurred but for such acquisition, red after the acquisition of such property if such te been incurred but for such acquisition and the tness was reasonably foreseeable at the time of or refinancing of an acquisition indebtedness. right- te value of any development right retained by the fled conservation easement. ~pment right- in interest (whether or not in possession) in the nguish permanently some or all of any subparagraph (D)) retained by the donor on or t of the tax imposed by section 2001, then any tax 'educed accordingly. Such agreement shall be filed by section 2001. The agreement shall be in such Copyright 1999, Tax Analysts (February) -3- (C) Additional tax- Any failure to implement the agreement described in subparagraph (B) not later than the earlier of-- (i) the date which is 2 years after the date of the decedent's death, or (ii) the date of the sale of such land subject to the qualified conservation easement, shall result in the imposition of an additional tax in the amount of the tax which would have been due on the retained development rights subject to such agreement. Such additional tax shall be due and payable on the last day of the 6th month following such date. (D) Development right defined- For purposes of this paragraph, the term "development right" means any right to use the land subject to the qualified conservation easement in which such right is retained for any commercial purpose which is not subordinate to and directly supportive of the use of such land as a farm for farming purposes (within the meaning of section 2032A(e)(5)). (6) Election- The election under this subsection shall be made on or before the due date (including extensions) for filing the return of tax imposed by section 2001 and shall be made on such return. (7) Calculation of estate tax due- An executor making the election described in paragraph (6) shall, for purposes of calculating the amount of tax imposed by section 2001, include the value of any development right (as defined in paragraph (5)) retained by the donor in the conveyance of such qualified conservation easement. The computation of tax on any retained development right prescribed in this paragraph shall be done in such manner and on such forms as the Secretary shall prescribe. (8) Definitions- For purposes of this subsection-- (A) Land subject to a qualified conservation easement- The term "land subject to a qualified conservation easement" means land-- (i) which is located-- (I) in or within 25 miles of an area which, on the date of the decedent's death, is a metropolitan area (as defined by the Office of Management and Budget), (1I) in or within 25 miles of an area which, on the date of the decedent's death, is a national park or wilderness area designated as part of the National Wilderness Preservation System (unless it is determined by.the Secretary that land in or within 25 miles of such a park or wilderness area is not under Copyright 1999, Tax Analysts (February) -4- significant development pressure), or (1II) in or within 10 miles of an area which, on the date of the decedent's death, is an Urban National Forest (as designated by the Forest Service), (ii) which was owned by the decedent or a member of the decedent's family at all times during the 3-year period ending on the date of the decedent's death, and (iii) with respect to which a qualified conservation easement has been made by an individual described in subparagraph (C), as of the date of the election described in paragraph (6). (B) Qualified conservation easement- The term "qualified conservation easement" means a qualified conservation contribution (as defined in section 170(h)(1) of a qualified real property interest (as defined in section 170(h)(2)(C), except that clause (iv) of section 170(h)(4)(A) shall not apply, and the restriction on the use of such interest described in section 170(h)(2)(C) shall include a prohibition on more than a de minimis use for a commercial recreational activity. (C) Individual described- An individual is described in this subparagraph if such individual is-- (i) the decedent, (ii) a member of the decedent's family, (iii) the executor' of the decedent's estate, or (iv) the trustee ora trust the corpus of which includes the land to be subject to the qualified conservation easement. (D) Member of family- The term "member of the decedent's family" means any member of the family (as defined in section 2032A(e)(2)) of the decedent. (9) Treatment of easements granted after death In any case in which the qualified conservation easement is granted after the date of the decedent's death and on or before the due date ncluding extensions) for filing the return of tax imposed by section 2001, the deduction easement shall be allowed to the estate but onl' under chapter 1 to any person with respect to th (1 O)Application of this section to interests in ~der section 2055(0 with respect to such if no charitable deduction is allowed grant of such easement. ~rtnerships, corporations, and trusts- This section shall apply to an interest in a pax ership, corporation, or trust if at least 30 percent of the entity is owned (directly or indirectly) by the decedent, as determined under the mles described in section 2057(e)(3). Copyright 1999, Tax Analysts (February) Exchange L).5,I) TRt'ST ALLIAXc[: Understanding the IRC 2031(c) Estate Tax Provisions by Stephen J. Small, Esq. WHEN LAND PASSES FROM one generation to the next, heirs am often faced with a burdensome estate tax bt1. In many parts of the country, land has so increased in value that heirs all too often must sell the land they've inherited simply to pay the estate tax. In 1997, Congress took an important step to address this problem when it passed the "Taxpayer Relief Act," which added Section 2031(c) to the Internal Revenue Code. The provision was clari- fied and amended under the IRS Restructuring and Reform Act of 1998. Section 2031(c) pro- vides an exclusion from estate tax for certain land subject to a qualif3fing con- servation easement. Section 2031 (c)(9), added by the 1998 Act, allows an estate tax charitable deduc- tion under Section 2055(f) when a qualified consen,ation ease- ment is donated after the death of the decedent (a post-mortem donation) and before the decedent's estate tax return is filed. In simple situations, understanding Section 2031(c) can be challenging. In complex situations, some of which are dis- cussed in this ardde, understanding how to take advantage of the benefits of Section 2031(c), particularly the opportunity for a post-mortem easement donation, can be difficult. To date, there is no authority beyond the statute on the examples below. (There is no case law, and there are no IRS regulations, on 2031 (c).) I have reviewed the statute extensively and, although some may take issue with one or more of my interpretations, I hope these hypothetical examples provide some guidance on how the law applies in different situations. Example 1: A Basic Example Sue owns Diamond Farm. In 1996, Sue donates a conser- vation easement on 1,000 acres of open ]and at Diamond Farm, permitting continuing agricul- tural and ranching activities but other- wise permitting no further development and proh~iting com- mercial recreational activities. Before the donation of the easement, the land was valued at $1.5 million. The ease- ment met alt the requirements of Section 170(h) of the Code and reduced the value of the restricted land to $1 million. Sue dies in 1999. Assume the land is still worth S1 million. Assume all the requirements of Section 2031(c) are met. Analysis: Sue was entitled to a $500,000 income tax deduction when slue donated the easement and the land is valued at $1 million in her estate. Su~'s estate is eligible for the Section 2031(c) exclusion, which further reduces the value of the land to $600,000 (by excluding 40 percent of the $1 million), but the exclusion is limited to $200,000 in 1999. (The exclusion increases by $t00,000 each year until 2002, when it is capped at $500,000 for 2002 and thereafter.) IfSue's executor elects to claim the exclusion, $800,000 of land value ($1 million minus $200,000) will be subject to tax in Sue's estate. L A N D T R U S T A L L 1 ,k N C E Excha~/.~e Example 2: Easement Donated in a Will Assume the facts are the same as in Example 1, except that the easement is donated under Sue's will rather than during her lifetime. Analysis: Because the easement was not donated during Sue's lifetime, she was not entitled to an income tax deduction. The full value of the land ($1.5 million) is included in Sue's estate, the easement is effective on Sue's death, and Sue's estate receives an estate tax charitable deduction under Section 2055(0 for the $500,000 value of the easement. In effect, $1 million of land value is subject to estate tax. In addition, as in Example 1, Sue's estate is eligible for the S200,000 Section 2031(c) exclusion in 1999. Example 3: Easement with Retained Development Rights Assume the facts are the same as in Example 1 except that the easement reserved the right to build, subdivide, and convey into separate ownership two new residences on five-acre house lots on the land. Analysis: Section 2031(c) says the exclusion does not apply to the value of"retained development rights." Section 2031(c)(5) generally defines a retained development right as a commercial right that is not "subordinate to and directly supportive off the use of the land for farming purposes. The right to subdivide and convey two five-acre house lots certainly appears to be a retained development right. If Sue's heirs take no action, the value of the house lots will not be eligible for the 2031(c) exclusion and will be fully subject to estate tax (although the exclusion will apply to the remaining land value). However, Section 2031.(c)(5) also says that after the death of the landowner; the heirs can agree to extinguish any or all of the retained development rights; if they do that, the estate tax will be. recalculated as if the extinguished development rights had not been reserved in the easement in the first place. (I use "heirs" as shorthand; the statute says that "every person in being who has an interest...in the land" can agee to extinguish retained development rights.) If the heirs decide to do that, Section 2031(Q(5) says they Cabot, Vem~ont The estate tax benefits of IRC 2031(c) apply only to areas within 25 miles of a metropolitan statistical area, a national park, or a federally designated wilderness area; or within 10 miles of an urban national forest (an obscure designation of the U.S. Forest Service). The shaded areas of the map show the areas covered. The Land Trust Alliance's Public Policy Program is working with the Congress to extend 2031 (c) to conservation lands throughout the country. Representative Nancy Johnson (R-C-r) and Senator Max Baucus (D-MT) have both introduced legislation to make all parts of the United States eligible. LTA will continue to work for bipartisan action to make every landowner who wishes '(o donate a conservation easement . eligible to take advantage of IRC 2031 (c). --Russ Shay LTA Public Policy Director Cou,,'~,esy of The Nature Conservancy Fall 1999 9 Exchange LAND TRUST ALLIANCE must execute an "agreement" to extin- guish the retained development fights within nine months after the dece- dent's death (by the original due date for the estate tax return), they must file the agreement with the estate ~x return (which is due nine months after the decedent's death, unless the estate receives a sLx-month extension), and then they have two years after the dece- dent's death to extin~dsh the develot> ment fights [see box on "Exrb~oziishing Retained Devdopma~t Rights," page 11]. It is not neces, sarily poor or incor- rect plann!ng to reserve certain devel- opment rights in a conservation ease- ment, such as rile right to subdMde or the right to construct additional resi- dences. As noted above, the value of these de~,elopment rights will be fully subject to estate tax (and not eligible for the 40 percent Section 2031(c) exclusion). On the other hand, the heirs may, if they so desire, extin~fish some or all of those rights after the death of the decedent. This may pro- vide an important opportunity for heirs to take a "second look" at die valuation, tax, and other issues well after the orig- inal easement has been donated. Sunderland, Massachusetts Example 4: Commercial Recreational Activities Once more, assume the same facts as in Example 1, except the easement does not specifically prohibit commer- cial recreational activities. Analysis: Note first that for the estate to be eli~ble for the Section 2031 (c) exclu- sion under Section 2031(c)(8)(B), the easement must prohibit more than de minimis commercial recreational activ- ities. Without any formal guidance from the IRS to date, it is not always clear what is meant by de minimis com- mercial recreational activities. (Would a dude ranch exceed de minimis commer- cial recreation activity? Most likely. A summer camp for children? Most likely.) What is dear is that the easement must prohibit more than de minimis com- mercial recreational activities to be eli- gible for the benefits of Section 2031(c). In addition, it appears that commer- cial recreational activities are fights that can bc extinguished post-mortem, if the heirs agee to do so. [Again, see box on "Extinguishing Retained Development Rights," page 11.] Since it is clear that tile executor of an estate can donate a 12ost-mortem easement (more on this in Example 5), the executor of an estate can also amend an existing easement to elimi- nate commercial recreational activities that would otherwise make an estate ineligible for the Section 2031(c) exclu- sion [See Fall 1997 Exchange, page 14]. Example 5: Post-Mortem Conservation Easement Sue owns Diamond Farm. She loves Diamond Farm and has always talked about putting an easement on it, but she dies without having done so. Nor did she include an easement in her will, which leaves Diamond Farm to her two daughters. The daughters are faced with a very large estate tax bill They want to know what, if anything, they can do to protect and hold onto the farm. Analysis: Sue's daughters can agree to donate a post-mortem conservation easement on Diamond Farm. However, depending on where they live, they may have to contend with some com- plex state law issues. [See Fall 1998 Exchange '!Law Update," page 20.] Under the law of some states, if Sue dies and leaves real estate to her LAND TRUST ALLIANCE Exchange two daughters, the two daughters take title as of the date of Sue's death. In other states, if Sue dies and leaves real estate to her two daughters, the execu- tor of Sue's estate takes title. If the executor takes title, state law may make it difficult for a fiducia~, such as an executor of an estate or a trustee of a trust, to make charitable contribu- tions from the assets of the estate or the trust without either explicit author- ization in the will or trust or without court approval. To address this prob- lem, at least two states, Colorado and Virginia, recently passed legislation allowing executors and trustees to make conservation easement dona- tions under certain circumstances. Assuming Sue's daughters can deal successfully with any state law issues, once the conservation easement is donated them is an estate tax charita- ble deduction under Section 2055(0 for the value of the easement and the estate is eligible for the Section 2031(c) exclusion. This is exactly the same result as if Sue had included an ease- ment in her will [see Example 2]. Please note, however, that families should not rely on the post-mortem pm- visions to protect an important piece of family land and to address an estate tax problem. Them are simply too many things that need to happen in a short period of time to be able to count on getting it done this way. If at all possible, a landowner should go through the conservation easement process during lifetime or at least include an easement in the will. To date my office has received a number of calls from families in which a family member has recently died and left land to their children. The callers wonder whether the heirs can donate a post-mortem easement. In each case I tell them, "Talk to your s~lings and make sum they all agree." Most of the callers have called back to tell me that all of the siblings did not agee with the idea of donating an easement on the famil~,'s land. At that point, it is extremely unlikely that a post-monem easement will be possible. Extinguishing Retained Development Rights Although Section 2031(c)(5) is clear that heirs can extinguish retained develop- ment rights, nowhere does the statute or the legislative history suggest how to extinguish them. I think there may be three ways to extinguish retained development rights. Since it is already clear that heirs can amend existing easements to eliminate commercial recreational activities (as in Example 4), and can donate post-mortem conservation easements where none existed before (as in Example 5), I-think heirs can either (1) use a fairly short and simple document to amend an existing ease- ment to extinguish retained development rights, or (2) prepare a brand new (post- mortem) conservation easement that in effect accomplishes the same thing by amending and restating the entire prior recorded easement. In some cases the family may want to achieve other conservation or planning goals with an entirely new document while in other cases the simpler option of a targeted amendment may be better; the preferred alternative is likely to depend on the particular set of facts in each situation. There may be a third way to extinguish retained development rights. It may be possible to execute and record an "Extinguishment of Retained Development Rights" that identifies the prior recorded easement and clearly articulates what' rights are being terminated. There is no law on this, as with so many of the other questions raised by Section 2031(c). One experienced attorney with whom I spoke thinks this works and another is not certain; the result may depend on state law issues. In any case, an experienced advisor should be consulted whenever the mat- ter of extinguishing retained development rights comes up. --Stephen J. Small Example 6: Land Owned By a Corporation Assume the same facts as Example 1, except that Diamond Farm Corp., not Sue, owns Diamond Farm, and at her death Sue owns 60 percent of the stock of Diamond Farm Corp. To keep this as simple as possible, assume that Diamond Farm Corp:s only asset is the 1,000 acres under easement. Does the Section 2031(c) exclusion work? How? Analysis: Section 2031(c)(10) states that the benefits of Section 2031(c) are available if the decedent owned 30 per- cent or more of thc interests in a part- nership, corporation, or trust. In dm legislative history for the statute, this is referred to as a "look-through" rule. Based on the statute, this is how l believe it works: (1) the assets of Diamond Farm Corp. are valued at $1 milI~on; (2) since Sue owns 60 per- cent of the stock, assume her Diamond Farm Corp. stock is valued at $600,000 in her estate; (3) her executor elects to take the Section 2031(c) exclusion, and that reduces the estate tax value of Sue's Diamond Farm Corp. stock to $400,000 ($600,000 minus $200,000). Example 7: Reserved Development Rights on Corporate-Owned Land Under Easement Assume the same facts as in Example 6 but the easement reserves the right to cre- ate two mom house lots. (as in Example 3) and does not prohibit commercial recreational activities (as in Example 4). Analysis: Based again on the "look- through" rule, I believe the sharehold- ers of Diamond Farm Corp. can vote to extinguish the retained development rights (the right to create additional house lots), and can amend the ease- ment to eliminate the fight to carry on commercial recreational activities. Alternatively, the shareholders could treat both the subdivision rights and the commercial recreational activities as retained development rights and agee to extin~dsh them. Fall 1999 Exchange LAND TRUST ALLIANCE Some Plmming Tips 1. Landowners should donate the easement during their lifetimes. When drafting easements, landowners and land trusts should be aware of the particular Section 2031(c) rules on retained development rights (the value of which will not be eligible for the Section 2031(c) exclusion, but which can be extinguished), and the reserved right to carry on more than de minimis commercial recreational activities (which will make the easement ineligible for Section 2031(c) benefits, but which can also be extinguished or otherwise eliminated). 2. If there is no lifetime donation, the easement should be included in the landowner's will. Even on the landowner's deathbed, a codicil can be added to the will including an easement in the will. 3. As a matter of course in every situation where it might be relevant, language should be included in the landowner's will authorizirig (but not directing) the executor and/or the heirs to donate a post-mortem conservation easement. One can even have a deathbed codicil authorizing the executor and/or the heirs to donate a post-mortem conservation easement. 4. Start the planning early. --Stephen J. Small If the reserved house lot sites and the commercial recre- ational activities are eliminated, (1) the value of Diamond Farm is reduced; (2) the value of Diamond Farm Corp. stock in Sue's estate is reduced; and (3) Sue's estate is eligible for the Section 2031(c) exc]usion. If, for example, the right to carry on commercial recreational activities is eliminated but the reserved house lots are not, the valuation and calcula- tions will get a bit more complicated. This is because in that situation, the value of the reserved house lots will be included in calculating the value of Diamond Farm (and accordingly the value of the Diamond Farm Corp. stock), but the Section 2031 (c) exclusion will only apply to the value of the restricted land in the corporation, not the value of the house lots. Example 8: Post-Mortem Easement on Land Owned By a Corporation Diamond Farm Corp. owns Diamond Farm. Sue o~ms 60 percent of the stock of Diamond Farm Corp. There is no easement on Diamond Farm. Sue dies. Can a conservation easement dona- tion still quali~, for the Section 203t(c) estate tax benefits? Analysis: The only way Section 2031(c) makes sense is if Section 2031(c)(9) (the post-mortem easement donation rule) and Section 2031(c)(t0) (the look-through rule) work togeth- er. In effect, the look-through rule means that the estate tax results under Section 2031(c) should be the same whether the decedent owned the land directly or through a partner- ship, corporation, or trust. First, Diamond Farm Corp. donates a conservation ease- ment (essentially a post-mortem easement). Note that there is no Section 2055(t) estate tax char/table contribution deduc- tion because neither the decedent (Sue) nor her estate made the donation, but the effect on Sue's estate should be the same (as in Example 1). The easement reduces the value of the land, the value of the stock in Suds estate is reduced for estate tax purposes, and Sue's estate is also elig~ble for the Section 2031(c) exclusion. Note also that no income tax deduction will be available to Diamond Farm Corp. Under the rule of Section 2031(c)(9), the estate is entitled to a Section 2055(0 deduction only if no income tax charitable deduction is taken by anyone in connection with the easement donation. Example 9: A Conservation Easement By Will on Co-Owned Land Bob and Sue are co-owners of Diamond Farm. Bob and Sue ~ach 'own an undivided 50 percent interest in Diamond Farm as tenants in common. Bob dies in 1999. Bob has included in his will a conservation easement on Diamond Farm. Analysis: The easement in Bob's will is ineffective. A co- owner cannot restrict his or her undivided interest in this manner. Even if Sue agrees to the conservation easement, the easement is ineffective because Sue's agreement was not certain as of the date of Bob's death. There is no estate tax deductio~i for the donation under Bob's will. Nevertheless, Bob's heirs and Sue might still have the opportunity to take advantage of the 2031(c) benefits. [See Example 10.] Example 10: A Post-Mortem Conservation Easement on Co-Owned Land Now, assume the same facts as in Example 9, except that Bob dies this year and does not include an easement in his will. Analysis: Bob's estate and/or heirs can join with Sue in the donation of a post-mortem conservation easement on Diamond Farm. Such a post-mortem easement would quali- fy under Section 2031(c)(9). As it turns out, the ability under Section 2031(c)(9) to donate a post-mop,em easement could have the happy effect of saving Bob's (and Sue's) heirs considerable estate tax, where- as in the prior scenario [Example 9] all of Bob's good inten- tions, memorialized in the form of a conservation easement in his will on his 50 percent undivided interest, would have gone for naught. ~ Stephen J. Small has his own firm, the Law Office of Stephen J. Small, Esq., RC, in Boston, MA. He has written extensively on land conservation and tax law. His books include The Federal Tax Law of Conservation Easements, Preserving Family Lands: Book I and Preserving Family Lands: Book II. Aoe.da Item AGENDA INFORMATION SHEET AGENDA DATE: February 22, 2000 DEPARTMENT: CM: City Manager's Office Michael, Jez, City Manage~ SUBJECT Consider adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 6, 2000, and if a runoff election is required, on June 3, 2000, for the purpose of electing Councilmembers to Places 5 and 6 and electing a Mayor to Place 7 of the City Council of the City of Denton, Texas; designating voting places; appointing election officials; providing for early voting; providing for bilingual notice of the election; ordering that an electronic voting system be used; and providing for an effective date. BACKGROUND Approval of this ordinance would formally call the May 6, 2000 City Council election. The ordinance contains all of the provisions necessary to fulfill the requirements of the Texas Election Code, including election judges and alternate election judges. Rf~p~ectfully s,ubmitted: .~i~ V~i~ers ~ity Secretary ORDINANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 6, 2000, AND; IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 3, 2000, FOR THE pURPOSE OF ELECTING COUNCILMEMBERS TO PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR EARLY VOTING; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That a municipal election is ordered to be held in the City of Denton, Texas, on Saturday, May 6, 2000, such date being a uniform election date as defined in Tex. Elec. Code §41.001, as amended (the "Code"), for the purpose of electing Councilmembers for Places 5 and 6 and electing a Mayor to Place 7. In the event a runoff is required, the rtmoff election shall be held on Saturday, June 3, 2000. SECTION 2. That the polling places, which shall be open from 7:00 a.m. to 7:00 p.m, shall be as follows: 1. Voters residing in District No. 1 shall vote at: MARTIN LUTHER KING, JR. RECREATION CENTER 1300 WILSON STREET DENTON, TEXAS 2. Voters residing in District No. 2 shall vote at: FIRE STATION NO. 4 2110 SHERMAN DRIVE DENTON, TEXAS 3. Voters residing in District No. 3 shall vote at: NORTH LAKES RECREATION CENTER 2001 WEST WINDSOR DRIVE DENTON, TEXAS 4. Voters residing in District No. 4 shall vote at: DENIA PARK RECREATION CENTER 1001 PARVIN DENTON, TEXAS SECTION 3. That the election officials for the election and the runoff, if any, shall be as follows: 1. For the Central Counting Station: George Spuller, Presiding Judge; Don Alexander, Manager; and Randie Smith, Tabulation Supervisor. 2. For District No. 1: Ruby Cole, Presiding Judge and Alma Clark, Alternate Judge. 3. For District No. 2: Doris Chipman, Presiding Judge and Mary Mecay, Alternate Judge. 4. For District Nol 3: Bill Williamson, Presiding Judge and Kathy Biggs, Alternate Judge. 5. For District No. 4: Jimmie Colville, Presiding Judge and ~ Alternate Judge. 6. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election Code. 7. George Spuller shall be Presiding Judge for the Early Ballot Board. The presiding judge of the Central Counting Station and of each district are authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual assistants as required by law. The rate of pay for election judges and clerks shall be the maximum amount provided for by State law. SECTION 4. That early voting shall be conducted for the election, and the runoff election if necessary, by the Office of the City Secretary in the Municipal Building at 215 East McKinney Street in the City of Denton, Texas. The polls for early voting by personal appearance shall be open between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, commencing April 19, 2000, and ending on May 2, 2000. In addition, early voting shall be held on Saturday, April 22, 2000, between the hours of 10:00 a.m. and 3:00 p.m., at the same location as weekday early voting. SECTION 5. That the Mayor is hereby directed to provide notice of the election, and the runoff election if necessary, in accordance with Sections 4.002 and 4.003 of Texas Election Code and as required by other applicable provisions of the law, the notice to be printed in the Spanish language and the English language. SECTION 6. That an electronic voting system using optically scanned ballots, meeting the requirements of Chapter 124 of the Code, shall be used for said election. Preparation of the necessary equipment and official ballots for the election shall conform to the requirements of the Code. SECTION 7. That City Secretary is authorized to prepare the official ballot for the election and perform every act requ£red by the City Charter and laws of the State of Texas for holding elections. SECTION 8. The election officers named above shall make returns for the election in the manner required by law. The ballots that are properly marked in conformance with the provisions of the Texas Election Code for votes cast both during the period of early voting and on the date of the election shall be counted in the manner required by law. SECTION 9. That the manner of holding such election and all questions pertaining thereto shall be governed by the election laws of the State of Texas. SECTION 10. Substantial copies of this ordinance in both English and Spanish shall serveas proper notice of the election and said notice shall be: (a) published at least once in a newspaper of general circulation published within the City, not less than the thirtieth day or later than the tenth day before the election; (b) posted, not later than the twenty-first day before the'election day, at a public place in each election district that is in the jurisdiction of the city; (c) posted, not later than the twenty-first day before election day, on the bulletin board used for posfmg notices of meetings of the City Council of the City; and (d) posted, as may otherwise be required by Tex. Elec. Code §4.003 and other applicable law. SECTION 11. That the City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance with provisions of the Texas open meetings law, Tex. Gov't Code ch. 551, as amended, and that a quorum of the City Council was present. SECTION 12. That this ordinance shall become effective immediately upon its passage and approval. PRESENTED AND PASSED on the day of regular meeting of the City Council of the City of Denton, Texas, by a vote of __ nos at the regular meeting of the City Council of the City of Denton, Texas. ., 2000, at a ayes and JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY AGENDA INFORMATION SHEET Agenda No. (") ~- 01 0. Agenda Item_.~'.~ ''~ '?'- - _ n?C ' ' 0 o AGENDA DATE: DEPARTMENT: CMfl)CM/ACM: February 22, 2000 Planning & Development Dave Hill, 349-8314 '~-.~ SUBJECT Consider the following request for relief from the provisions of Ordinace99-474, establishing moratoria to apply to certain specified development applications: a. Oaktree Plaza, southeast comer of Loop 288 and Spencer Road - 6.632 acres zoned C(c). b. Lillian Miller Parkway at Southridge Boulevard, 4.3 acres zoned PD-87 (single-family). c. Wind Jammer, LTD., Lakes of Sundown Ranch (Unicom Lake) zoned PD-20. d. Kerestine property, northwest comer of Woodrow Lane and Morse Street - 0.6+ acres zoned LI. BACKGROUND Ordinance 99-474 (Exhibit A) was adopted by City Council on December 14th, 1999. This ordinance specifies certain types of general retail, and commercial development applications that are subject to moratoria intended to temporarily postpone application review and processing until interim standards are adopted. Ordinances 99-474 (Section 3) also contains provisions that allow applicants to request moratorium relief, and contains the following evaluation criteria to be used by Council: (a) whether granting relief from the moratorium jeopardizes the City's best interests in implementing Comprehensive Plan consistency criteria; (b) the suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (c) the impact of the proposed commercial use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the Comprehensive Plan consistency criteria; (f) the total expenditures made in connection with the proposed commercial development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request of relief, subject to conditions consistent with the evaluation criteria set forth in the moratorium ordinances (and referenced above). RECOMMENDATION Staff recommends that the decision of whether or not to grant the request for relief should be based on the merits of each individual application. A separate Council vote should be made for each petition. ESTIMATED PROJECT SCHEDULE If moratorium relief is granted for a petitioner, processing of the development application will resume as per established procedures and legal requirements. If moratorium relief is not granted, processing of the application will be delayed until the moratoria are lifted. PRIOR ACTION/REVIEW Four petitions were reviewed on February 15, 2000. The petitions requesting moratoria relief heard by Council included: a. 1504 - 08 N. Elm Street - approved b. 1513 N. Locust Street - approved c. 2225 E. McKinney Street - approved d. 215 First Street - approved Four petitions were reviewed on February 1, 2000. The petitions requesting moratoria relief heard by Council included: a. Ryan Road, west of Teasley - not heard due to adoption of the Interim Residential Regulations b. Ace Business Park - not heard due to there being no motion to reconsider c. Payne Storage Lockers - approved d. Aston Dallas Residential - not heard due to adoption of the Interim Residential Regulations Six petitions were reviewed on January 4th, 2000. The petitions requesting moratoria relief heard by Council included: Kwik Industries - approved Children's Lighthouse Learning Center - approved Denton Independent School District projects - exempt under Ord. # 2000-071 (1, 2, & 3) Denton Cancer Center - approved Shadow Brook Place - approved Meztler's Addition - approved Five petitions were reviewed on January 11th, 2000. The petitions requesting moratoria relief heard by Council included: ao Business Park on Teasley - approved Lakeview Ranch - approved Center Place - not approved Silver Dome and Cooper Creek - not approved Ace Business Park - not approved Four petitions were reviewed on January 18th, 2000. The petitions requesting moratoria relief heard by Council included: ao Ryan Road, west of Teasley - continued PD-1 - not approved Rudy's Bar-B-Q - approved Robson Ranch - approved FISCAL INFORMATION The petitions are being processed and brought to City Council using existing staff resources. Several petitions claim financial harm, an issue that may be evaluated by City Council. ATTACHMENTS 1. Oaktree Plaza staff report. 2. Lillian Miller Parkway at Southridge Boulevard staff report. 3. Wind Jammer, LTD., Lakes of Sundown Ranch (Unicom Lake) staff report. 4. Kerestine property staff report. pectfully submitted: Douglas S. Powell, AICP Planning & Development Director WAIVER REQUEST STAFF REPORT ATTACHMENT 1 ISub|ect: Oaktree Partnership Staff: Larry Reichhart BACKGROUND: Request for Relief to: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Submit preliminary and final plats. Southeast corner of Loop 288 and Spencer Road. (see Enclosure 1) C(c) (see Enclosure 2) 0.8+_ acres The property is not platted. The Comprehensive Plan identifies this property to be within the "Regional Mixed Use Cente¢'. This area is intended to contain the shopping, services, recreation, employment, and institutional facilities supported by and serving an entire region. Staff finds the use consistent with the intent of the Comprehensive Plan. POTENTIAL AFFECT OF INTERIM REGULATIONS: As currently drafted, this application would require the submission and approval of a project plan prior to development. CONCLUSION: If the moratorium relief request is granted the applicant will be able to begin the platting process. If the moratorium relief request is not granted platting applications will not be processed until the moratorium is rescinded or expires. ENCLOSURES: 1. Location Map 2. Zoning Map 3. Waiver Request ENCLOSURE1 Oaktree Plaza NORTH Lowe's Wal-mart SITE LOCATION MAP Scale: None ENCLOSURE 2 Oaktree Plaza NORTH .~ ~ PD LI A c~ Wal-mart U Lowe's SITE A ZONING MAP Scale: None Sharon K. Simmons Direct Dial No.: (214) 421~5700 ENCLOSURE 3 SHARON K. SIMMONS, P.C. COUNSELOR AND ATTORNEY AT LAW 1§01 SOUTH LAMARI DALLASi TEXAS 75215 P.O. BOX 224669 DALLAS, TEXAS 75222-4669 February 14, 2000 Facsimile: (214) 421-7082 Via Hand Delivery Mayor Jack Miller City of Denton 215 E. McKinney Denton, Texas 76201 Re: Commercial Development at the Southeast Corner of Loop 288 and Spencer Road in Denton, Texas, commonly known as Oaktree Plaza Dear Mayor Miller: This law firm represents Oaktree Plaza Limited Partnership ("Oaktree Partnership"), the owner of the above referenced property. I am writing, on behalf of Oaktree Partnership, to request relief from the moratorium on commercial development applications. As you are no doubt aware, the area where the Oaktree Plaza Shopping Center is located is a heavy commercial area, designated by the land use plan as a regional mixed use. The center is not adjacent to any residential neighborhood. Oaktree Partnership has completed the first phase of its commercial development at this site with the construction of a retail facility leased to Office Max. Oaktree Partnership desires to complete the center in a manner consistent with the design standards of the existing Office Max facility. We are currently in negotiations with various tenants for completion of the center. Oaktree Partnership has a vested property right to pursue its development as indicated by the attached plat of the Property. Oaktree Partnership desires to replat the Property to the plat in place immediately prior to the plat attached to this letter. Oaktree Partnership is more than willing to address whatever concerns the City of Denton might have with respect to the proposed development, and will do whatever the Denton City Council or its administrative staff might stipulate or require regarding the development of its site. Because we are approaching very critical construction deadlines with respect to our Mayor Jack Miller February 14, 2000 Page 2 proposed tenants, we do ask that you consider this request for relief from the moratorium as soon as possible. We certainly appreciate your attention to this matter. Please do not hesitate to ca~l if you have any questions or if there is anything we can do to facilitate your review of this request and our proposed development. Sharon K. Simmons S K$/c re EncJosures CC: Michael W. Jez, City Manager (via hand delivery) Herbert I_. Prouty, City Attorney (via hand delivery) Doug Powell, Director of Planning (via hand delivery) 02-11;00 O~'12PM FROM GSB/BATENHORST ?0 121442]7082//§35 ?OOUUUZ N ? a'54'26"E N 75'04'3d"E 81 .OR' % ~A,~y ~,, ~uSfli~ ,~URVgY 40,58' -- % % N 49'42'27"w a' g0.27' LO?' 2, BLOCK I 6.6'S2 A CR£S BRINKER ROAD / DENTON, LIMITED D.R.D.¢,T. LOT 4, BLOCK I W4L- MART A~D~T[O~r CAB. t. PAC~ 311 i N 89'04'55"W 83.72' c.~a. ~., ~A~E a~ 9. ROW POB LOOP 2g~ PER PLAT (MB. ~{, PACA' P,R.D.C.?'. S 69'DG'57"F 11.9,36' VA[~I Alit[ R}GH T-OF-WAY .... DEDICATION (60' MIN.) 0, t94 ACR~ 172.35' LOT 1 BLOCK 1 0,808 ACRES N 89'01',~T'w 201,3 $ 40'17'~3" W 26.5C PLACE OF ATTACHMENT 2 WAIVER REQUEST STAFF REPORT Subject: Lillian Miller at Southridge Blvd. Staff: Larry Reichhart BACKGROUND: Request for Relief to: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Submit a PD zoning application. Lillian Miller at Southridge Blvd. (see Enclosure 1) PD-87 (see Enclosure 2) 4.3 acres The property is not platted. The Comprehensive Plan identifies this property to be within the "Existing Neighborhood/infill Compatiblity" district. New development should respond to existing development with compatible land uses, pattern, and design standards. POTENTIAL AFFECT OF INTERIM REGULATIONS: As currently drafted, this application would require the submission and approval of a zoning plan and a project plan. This provision may be revised prior to ordinance adoption. CONCLUSION: If the moratorium relief request is granted the applicant will be able to begin the zoning process. If the moratorium relief request is not granted platting applications will not be processed until the moratorium is rescinded or expires. ENCLOSURES: 1. Location Map 2. Zoning Map 3. Waiver Request ENCLOSURE 1 Z-99-092 (Lillian Miller/Southridge) NORTH VICINITY MAP Agenda Date: December 15, 1999 Scale: None ENCLOSURE 2 Z-99-092 (Lillian Miller / Southridge) NORTH SITE ZONING MAP Agenda Date: December 15, 1999 12. Scale: None ENCLOSURE 3 P.O. Box 51144 · Denton, TX 76206 Office (940) 382-2206 . Fax [9401 387-9029 February 10,2000 The Council of the City of Denton 2 lS E. McKinney Denton, TX 76201 ::-. :::...:... Re: Request for Relief ..... '"::..:!]..'"': Ordinance 99474, Comm~C~ai Morato~iu.~."::% Dear Council Members:(:: .-'~ "- ....... ..-~ : :!..':' .... .,.~ ;:.]]i .....:: ..~ ~ .i: ~ :,~:.. On November. !.01~];:i999; !.:~mitted.~-.zamng.~hange ~pp~iaaii6~':<a~d pre-design conferenceaP~tiCatlon:~6 the City'Of Denton for a'~propos~l.:high~e~&Bed and Breakfam~i'~j~i'"to~"b~ const~USted On 4.2 acres lo~ate'd on I~i~iiian Mf~i~':~:Parkway at Southri:dg~:iBO.~d~:. I met '~th the..DRC on..NoVe~::!:8.th~.::..~h~.~?_~ is currently zoned:PD:~8~::fo~'~t~mched Si~gi~: ~i~yhou~g::::':'":":"::"::'::::::::::..::.::. I am re~e~tm~?~.!~f:~om the/cnir6~ c~er~l m~ato~im because of the follo~ng: '": ::::? ~"":'":':::':~']'~']']'~:~']'~']~? ~ ............... ?~.'~ ":::.'~']. ............. ~ ~ ~':~']:~'~'~'~'~'~'~']']'~'"":~ ......... ~'~:~:::~'::~ - The ::com~tm~nt I h~']'iS'~g]'f~.~.~:~:::~S ti~e se~if~'e. ~rther delays co~d cause the loss ~f':t~s long,te~m,.c~m~tment and jeopar~es the entire project, ~"' ~ ? ~ ~ ' ~ ~ ~ - My project ~11 hav~ le~ imP~ct~n t~e~ja6e~t properties than if the land was to be fUrther:~develope~"~"'~t~fl~ Z6~. :~ S~'~ficantly fewer trees ~I1 be destroyed 6n t~ hea~ly ~6d~d ~itS, th~r~ll~e ~ch l~ss n~w tr~fic created, and use of p~lic facilities ~1I be ~6~f~ ~: : ~ - As a planned development, w~ch re.res s~ssibn of a de{ailed site plan, curreat me~er~ of th~:~:~ig~o~:~l ~d~ ~n opPort~ty to renew the plans and P~o~de input at ~ ~ei~orh~od meeting. ~ - My project co~°rm~~.id~tha` Criteria~ set~ edt~i~ t~e ComprehensiVe Plan, as I understan~':'ft;: '....... ............. ': ' ............... ~; ........ ,.::: ................... :': .... · ................ '" ~:':.: ~:~:~::.::::..... ....................... ~[':: '.:: .... - ' ~ :.~[~: :.~:~::[~[~f::l~::.:..: s:..:: ' i: ': '::::~:~[~f:::~:~::~:~[[~[.L ~th'the"DRC' a'ff~i~d~I"~ti~'"~"~hv~'¢ti6~'~t~"City"Staff;'"C~fieil Me~ers, and adjacent residential property owners have been favorable, / Rick Moore / ATTACHMENT 3 WAIVER REQUEST STAFF REPORT Sub|ect: Unicorn Lake Staff: Larry Reichhart BACKGROUND: Request for Relief to: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Submit preliminary and final plats. Unicorn Lake. (see Enclosure 1) PD-20 (see Enclosure 2) 13 _ acres GR, 11+ acres LI Restricted and 16_+ acres LI The property is not platted. The Comprehensive Plan identifies this property to be within the "Regional Mixed Use Cente¢'. This area is intended to contain the shopping, services, recreation, employment, and institutional facilities supported by and serving an entire region. Staff finds the use consistent with the intent of the Comprehensive Plan. Concept Plan was approved November 3, 1998. GDP approved January 12, 2000. POTENTIAL AFFECT OF INTERIM REGULATIONS: As currently drafted, this application would be exempt from the non-residential interim regulations as identified in Section 3 (exemptions). The Concept plan for Unicorn Lake was approve after April 7, 1998. This provision may be revised prior to ordinance adoption. CONCLUSION: If the moratorium relief request is granted the applicant will be able to begin the platting process. If the moratorium relief request is not granted platting applications will not be processed until the moratorium is rescinded or expires. ENCLOSURES: 1. Location Map 2. Zoning Map 3. Waiver Request 14. i GDP-99-004 ENCLOSURE 1 (Unicorn Lake) NORTH SITE LOCATION MAP Agenda Date:Janua~ 12,2000 Scale: None 15. ENCLOSURE 2 ~ .£0'[111 - 3.Z~.9£.OON _o ,., · 16 02-17-2000 01:24pm From-HUGHES&LUCE LLP ENCLOSURE 3 T-766 P.002/00~l F-?12 HUGHES & LUCS Febp]_.a_.,~, 17, 2000 Vitracc~. L~.~_: i-h-'l Nt, mbc~ 214.1 939-.~611 cmn VIA FACSIMILE - (940) 349-8596 AND U.S. MAIL Michael Jez City Manager City of Denton, Texas Municipal Building 215 E. McK,.'~ey Deaton, Texas 76201 Re: Relief flora Mormorium Dear Mr. Jcz: I am writing on beba!fofmy el/ertL Wind Jammer, LTD., the owner of the property commonly lmown as Lakes of Sundown Ranch (Un/corn Lake). A~ you know, on December 14, 1999, the Denton City Council passed Ordinate No. 99-474 which placed a moratorium on all commercial property effective as of thc da~e of thc Ordi~_n_ce and mrmi~_a_ting on February 16, 2000. Thc moratorium was ~b.~.quently extended until March 8, 2000. This letter is to request relief ftom the moratorium__ in accordance with Section 3 of the Ordinance. Wind Jammer, LTl3. is currently in negotiations with a possible user of part of the Unicom Lake project and thc conliuu~d application of thc moratorium to Unicom Lake pu~s thosc negotiations in jeopardy. In addition, it is our position ;bat thc moramri::m d~prives Wind Jammer, LTD. of its vested property r/ght~. Thc facts which vest Wind Jammer with property rights ha Unicom Lake include, but arc not limked to, thc following: The project has been given a zoning designation of PD-20 as amended by the Lakes of Sundown l~_n_eh (Unicom Lake) Concept Plan approved by the Denton City Council on November 3, 1998; A R~-g~tcrcd L,m,t~d t.~,~bal,lry Dllrucz,J.p In~.lud]nt{ P, oh.,..,~n~[ Corporat,oa, 01Z295.00010:4991 ?00l · 17. 02-17-200~ 01:2§pm From-HUGHE$&LUCE LLP Z149396106 T-?$6 P.O03/O0~ F-T12 HuoI-W s & LUCE, Febr,_:_~_~ 17, 2000 Page 2 Wind Jammer, LTD. has invested over $640,000 on infrasm~mre improvements, includ;_~g approx~mo~ely $272,000 on ~_be construction of W'mdriver Lane and $365,000 on the region_~! detention pond; The City of Denton has invested $200,000 in the construction of Windriver Lane; and The City of Denton P!o~_-_ing and Zoning Commission approved ~be General Development Plan for Unicom Lake on Sanuary 12. 2000. These facts are not exhaustive and should not be comsm~d as waiving any additional cl~ims that Wi_~d Jammer moy have for establig.hS_~g its vested property rights in Unicom Lake. However, they are sufficient to meet the requirements of Section 3 of the Ordinance and provide ample evidence to justify the City Council's grant of the relief requested. Please place this petition on the City Council's Agenda for February 22, 2000. you for your coopmation, I look forward to hearing ~om you. cc: Very lntl,v yours, Dwight A. "!~e" Shupe David Hill (via facsimile - (940) 349-g596) Ed Snyder, Esq. (via facsimile (me~ro) - (940) 382-7923) Bob Shelton (via facsimile - (940) 536-1150) 18. 01~.9~./1~010:499170 ol 02-17-~000 01:24pm From-HUGHE$&LUCE LLP 214~$~$T05 T-?SE P.OOl/O0~ F-?le HUGHES & LUCE, .I I .... I[1" II. _/ ...LEt_ 1. NAME. Michael Jez FAX #: (940) 349-8596 COMPANY- Ci~ of Denton CONFIRM #; ( ) MACHINE: (Czrcle One) A(00) B(01) C(02) D(03) E(04) F(05) G(06) NAME David Hill COMPANY: FAX #: (940) 349-8596 CONFIRM #: ( ) MACHINE. (Circle One) A(00) fl(0D C(02) D(03) E(04) F(0$) 0(06) NAME: Ed Snyder /e'AX ~: (940) 3S.2'7923/P)z~F_~ MACHINE: (Circle One) A(00) lit01) COMPANY: CONFIRM #: ( 0(02) D{03) NAME; Bob Shelton COMPANY: MACHINE: (Circle One) A(00) B(01) C(0~) D(03) E(04) F(0S) G(06) ) E(O~) F(05) O(06) 5. NAME: COMPANY FAX #: ( ) CONFIRM #: ( ) MACHINE, (Ch-cie One} A(00) fi(OD C(02) D(03) F.(Oq) F(05) G(06} NAME- COMPANY: FAX #; ( } CONFIRM #: ~( ) MACHINE.: (Circle One) A(00) B(01) C(02) D(03) E(04) NUMBER OF PAGES II~CI.~IDING THIS PAGE: 3 F(05) G(06) FROM: Christopher C. Lewis DIRECT DIAL #: (214) 93g-~764 DATE: February 1"7? 2000 CLIENT ~: ! 2295 MATTER #: 10 Isplilel~L, ' .. INSTRUCTIONS: Please Check One: ~1 Confidential [] Rush rn Deadfiue : u.mdp, m. ~ Normal Processing flcqmng parw nb~tleO: Name: Date:. 'f~me: ~ by; IF YOU DO NOT ~CEIVE ~L PAGES, PL~SE ~ US AT Z]~3~l AS S~g AS ~SSIBLE I 717 Main ~r¢¢~, Suirc 2800 * Dallas, Texas 75201 · 214-g3g-5500 · Fax 214-g39-6100. _~ 14-g39-5849 19 ATTACHMENT WAIVER REQUEST STAFF REPORT 4 Subject: Woodrow Lane at Morse Street Staff: Larry Reichhart BACKGROUND: Request for Relief to: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Submit preliminary and final plats. Northwest corner of Woodrow Lane and Morse Street. (see Enclosure 1 ) Light Industrial (LI),(see Enclosure 2) Approximately 0.6 The property is not platted. The Comprehensive Plan identifies this property to be within the "Employment Center District. This area is intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. POTENTIAL AFFECT OF INTERIM REGULATIONS: As currently drafted, this application would not be affected by the non-residential interim regulations. Section 2b(3) (applicability) of the draft regulations refer to development on undeveloped land; the subject property is currently developed and therefor not affected by the interim regulations. This provision may be revised prior to ordinance adoption. CONCLUSION: If the moratorium relief request is granted the applicant will be able to begin the platting process by submitting a preliminary and final plat applications. If the moratorium relief request is not an application will not be processed until the moratorium is rescinded or expires. ENCLOSURES: 1. Location Map 2. Zoning Map 3. Waiver Request 20. ENCLOSURE 1 Woodrow Lane at Morse Street NORTH SITE LOCATION MAP 21. Scale: None ENCLOSURE 2 Woodrow Lane at Morse Street NORTH VV LI LI SITE ZONING MAP 22. Scale: None · . 02f15/2000 16:24 9484847952 FRA~IER OOMMER¢IAL ENCLOSURE 3 February 9, 2000 Carl Young, Sr. Council Member, District One City of Denton, Texas Dear Mr. Young, I am writing this letter to you in hopes that it ~ ¢~ed some light on what the moratorium iS doing to some of the residents of Denton, Texas. I am a m~mber of the -b~l-,,-orking family that is losing $5000.00 a month" that Mr. Colville ~pake about at the meeting las% night. I have lived in Denton, Texas for 40 yeav~. My family has h,,ed in Denton for five generations. M~' father purchased a piece of prope~' on thc COmer of WoMrow Lane and Mo~'se Street 17 years ago. He had been trying to sell it f~r eight years when he was diagnosed ~ith cancer (December. 1996). At the time, he ,va~ operating a pvlnUng company which he had owned and operated in Denton fo~' 27 years. The compaz~.v was located on the property.. My father passed away at the age of' 57 on ~nne 22, 1997. My ,,,other, Jackie McCormick, was au English t~acher at Denton and Ryan Higls School for 30 years. If you happen to *asit the school, you ~ll see that the l~ra~ has been named in her honor. On ke~ ~ed income, she.~a~ un~le ~o keep the buv~e~s aoin~ ~d a~rd ~e t~es on ~e prope~. She was forced to take an o~r &a~ ~% much less th~ the a~praised price (at &~ t~e the l~d appraised for $900,000.00). Sh~ ha~ ~igned a contract for $400,000.00 ~t'h Jack Ball, a l~al developer, She took th~ offe~- to pay off debts that my fa~he~ had acc~ed ~x a bad business deal which forced him into bank~ptq. She decided thae it was be~er ~o pa~ ~1 of ~ creditors off -- even if she would end up ~tk no profit f~om the lan~ deal. Th~ closing dat~ fo~ the ~e was Se~ember ~5, ~998. On Auau~ 20. 1998 my mo&er had a carotid ~e,~ by-~s ~ ~ preven~a~ measure to pre,ut a poss$le stroke in ~he ~re. The surge~ ~ unsuccess~ resulting in a bra~ hemon-kage that caused kef death on August 26, 1998 at the age of 58. As you can tell, I, as ~ell a~ the rest of my family, w~s forced to cope with the loss of both parents within 14 months time. Not only did I ha,~ the stress of b~ing my mothar, taking care of her afl-airs, t~ing to e~e my cMdren'~ pain, and teach cMdren all day, the September closing date was canc¢le~]. The buyer said the City wouldn't cooperate vath him, which was the loop-hole in his contracL He then, knowing how desperate we would be, offered $200,000. for the property. We couldn't take that arnount~ as it wo~fldn't pay off all of my p~xents debts. We put the property back on the market. Thirteen months later ~e received a eontrac~ from Mr. W~ham CoMII,~. The contract pt~ce would enabk all debts, taxes, and the original note to be paid off, This contrac~ was signed in D~¢ember. Then the moratorium was i~sned. We a~e now in a state of ll,~ko. The original closing date v.-as set for Deceraber 17, 1999. After the ~o~torium ~a~ 23. - ,e2/is/208e 15:~4 9484847952 FRAZIER ¢O~EROIAL PA~ 83 imposed, ~he dete was moved to March i, 2000. the date has been mc-ed inddi tely. To make matters worse, if ~hat's possible, ~-~ cannot afford to keep the property. The monthly payment on the propet~ is $1700.00. Curr~nt taxes, past due taxes, penalties accrued, interest, the original note, etc. axe cos'~ing us ap~,roxlmately $5000.00 per month: A~ Y°u can see, we have already ]os~ a tremendous a~nount of morley since my parent'_~ death~, and the moratorium is ca~ing us more loss. The original note-holder has begun foreclosure proceedings. If we are not able to close the prope~, within 45-60 days, ~,e v-ill lo~e tke property. Not only will we lose the property, all of the creditors (many of which are Dento~ te~idents) will also lose their money. We rill still be held responsible for the bills which exceed $300,000.00. We have already spent thousands trying to keep up with the cost of maintaining the property. I teach school in Argyle and ~ny husband works a~ Peterbilt. We also have four children. In other words, we don't make the money that i~ needed to kee~ the property. Please consider this when making your decision regarding the moratoriunx. It's not only the de~elopers and real estate agents thai are losing money. We axe about to lose something that my pa~ents invested in fo~ their a,~d our fiz~re. We have had a long, hard tltree yeaz~ We nee~I to a closure to the tragedy that has fallen upon ~. Please lift the moratorium and let the builders proceed. We don't h~ve several month~ to wait this out -- Our time is up. Sincerely, Cheryl Kerestine 201 Solar Way Denton, Texas 76207 94O 382 690! email ckerestlne@escll.net durango@iglobal.net P.S. 1 will be happy to meet wqth any council member of pla~xniug and zoning memi~er if needed. CC: council members Mayor of Denton ^oenda No~ ~/~-~/ff Agenda Item AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET February 22, 2000 Legal Department Herbert L. Prouty, City Attorney SUBJECT - AN ORDINANCE SUSPENDING TXU ELECTRIC COMPANY'S TARIFF FIL- ING PURSUANT TO SUBSTANTIVE RULE 25.241 REQUESTING REVISIONS TO 27 OF ITS RETAIL RATES/RIDERS FOR SALES OF ELECTRIC SERVICE TO ITS CUSTOMERS IN THE CITY OF DENTON, TEXAS FILED ON JANUARY 25, 2000, FOR 90 DAYS BE- YOND THE EFFECTIVE DATE TO PERMIT THE CITY TIME TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE PROPOSED CHANGES; ADOPTING DECLA- RATIONS AND FINDINGS IN THE PREAMBLE; PROVIDING THE REASONS THERE- FORE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND - On January 25, 2000, Steve Taylor of TXU Electric Company filed a tariff entitled, "TXU Electric Company's Tariff Filing Pursuant to Substantive Rule 25.241" which requests revisions to 27 of TXU's retail rates/riders. A copy of that tariff filing along with an explanation of the purpose of the filing sent to me by Steve Taylor is attached. TXU indicates that the tariff filing would not increase or decrease any existing charge or rate, and TXU does not anticipate any change in revenues as a result of the proposed tariff provisions. The primary pur- pose of the tariff filing, according to TXU, is to modify, close, or delete certain existing tariffs in order to facilitate the transition to a competitive retail market as of January 1, 2002, pursuant to Senate Bill 7. TXU also attached a copy of J. Michael Sherbume's testimony as further explana- tion of the tariff filing. A copy of that testimony is also attached for your information. We have sent the filing, along with Mr. Sherbume's testimony to Diversified Utility Consultants, Inc. and have also discussed this with the outside attorneys we use in evaluating such rate filings - Jim Boyle and Richard Hamala of the Lloyd, Gosselink law firm. None of the above persons have had an opportunity to fully evaluate the effect of this rate filing, but all advise that you sus- pend the rates for 90 days in order to study the effect of this filing and to attempt to get some ad- ditional information regarding same from TXU. TXU is jumping ahead somewhat by closing and eliminating tariffed services before September 1, 2000. Its filing affects a large number of services that are possibly not competitive services, including economic development service, in- terruptible service, and others. Some of the reasons for this are concerns that so many of the dif- ferent tariffs are being changed - 27, concerns about the impact of the change in rates on cus- tomer services, and the fact that we are all operating under a new law - Senate Bill 7 - in a de- regulated marketplace. We also need time to determine if the affected tariffed services are true competitive energy services under the meaning of substantive rule 25.241. Under the circum- stances, we feel that these complexities require you to take some additional time to review the rates. You may even decide that you want to hire rate consultants to review the change in tariffs in the event that a preliminary review indicates concerns with some of the changes TXU is pro- Agenda Information Sheet February 18, 2000 Page 2 posing. The suspension is consistent with your obligations under both the Texas Utilities Code and the City Charter to review all changes in rates. OPTIONS To pass the ordinance and suspend the rates for 90 days past the effective date of March 1, 2000 or until May 30, 2000 to allow additional study and possible hiring of outside consultants to review this matter. 2. Not to pass the ordinance and suspend the rates which allows the rates to go into effect on March 1, 2000. RECOMMENDATION - Staff would recommend that the Council choose option 1 and suspend the effective date of the tariff for a period of 90 days from March 1, 2000 until May 30, 2000. FISCAL IMPACT - The fiscal impact will be minimal unless the Council decides to hire con- sultants to review the rates. The cost of the use of consultants may be reimbursable in accor- dance with the requirements of the Utilities Code. Respectfully submitted, City Attorney S:\Our Doeuments~liscellaneous\00~agenda information sheet - TXI. I tariff, doc Page 2 TXU TXU Electric & Gas 100 West Mulberry Street Denton, TX 76201 Tel: 940 320 6501 Fax: 940 320 6503 January 25,2000 Mr. Mike Jez City Manager, City of Denton 215 East Mckinney St. Denton, TX 76201 Enclosed for filing please find TXU Electric Company's Tariff Filing Pursuant to Substantive Rule 25.241, requesting revisions to 27 of its retail rates/riders. The enclosed Tariff Filing is also being made with the Public Utility Commission of Texas. The enclosed Tariff Filing does not propose to either increase or decrease any existing charge or rate, and TXU Electric does not anticipate any change in revenues as a result of these proposed tariff revisions. The primary purpose of this Tariff Filing is to modify, close, or delete certain existing tariffs in order to facilitate the transition to a competitive retail market as of January 1, 2002, pursuant to Senate Bill 7 passed in the 1999 Texas Legislature. In order to fully explain the revisions proposed in this Tariff Filing, TXU Electric has included the testimony of Mr. J. Michael Sherburne. Mr. Sherburne's Exhibit JMS-D-1 summarizes the proposed tariff revisions, and his subsequent exhibits provide the proposed tariff sheets with changes noted. TXU Electric has proposed that these tariff revisions go into effect March 1, 2000, and hereby requests that the City approve this Tariff Filing effective that date. Included in the Tariff Filing, in addition to Mr. Sherburne's testimony, are clean copies of (1) the revised Table of Contents; (2) the revised Section 2.1 Cities served listing; and (3) the revised tariff pages reflecting the proposed changes. Should you have any questions concerning this filing, please give me a call. Very truly yo..~urs, Steve Taylor Receipt Acknq~ledged by: .., / Title: / Date' CITY OF DENTON LEGAL DEPT. FEB-18-O0 FRI 09:45 AM TXU FA× NO, 9403206516 P. 02 TXU Electric .Tariff Filing' January 25, 2000 In anticipation of retail competition in the electric market in Texas as a result of the passage of the 1999 electric industry restructuring law, TXU has filed a change in tariffs with the Public Utility Commission of Texas (PUC) and each original-jurisdiction municipality we serve. This filing is being made to facilitate the move to retail competition in Texas. TXU is attempting to be proactive in our efforts to prepare for the start of competition. There are four types of changes proposed: 1) Close certain retail tariffs to new customers for services deemed competitive energy services which we cannot provide after September 1, 2000 2) Close and/or modify optional retail tariffs with contract provisions that extend beyond the January '1, 2002 date of full competition or that are no longer necessary 3) Modify retail tariffs to limit contract term for basic rates to December 31, 2001, and 4) Delete retail tariffs that are no longer being utilized Competitive energy services are customer energy service business activities which are capable of being provided on a competitive basis in the retail market. Examples include: energy efficiency services, energy audits, and guard lights. The electric industry restructuring passed by the Texas Legislature in 1999 requires that on or before September 1,2000, an electric utility shall separate its regulated utility activities from its customer energy services. The PUC initiated an industry rulemaking to identify those competitive energy services. As a result, TXU Electric has identified its competitive energy services and filed a plan with the PUC on January t0, 2000 to describe how we will accomplish this separation. These changes will not impact anyone's rates. Rates were frozen effective September l, 1999 in accordance with the electric industry restructuring law Additionally, the changes proposed in this tariff filing are designed to address new customers on these rates and do not directly impact current customers receiving service under these rates. However, the issue of how to handle existing retail contracts that extend beyond January 1, 2002 is currently being discussed by the PUC. TXU Electric plans to take proactive measures to handle these contracts through negotiations. Our plan is to review each existing retail contract and renegotiate the termswith each customert~ either: ' ' "' ' '~. ~ ' 1) limit the contract term to December 31, 2001, 2) allow for contract termination by mutual agreement; or 3) allow both the customer and TXU Electric to terminate the contract with 30 days written notice, effective any time after December 31, 2001, FEB-18-O0 FRI 09:45 TXU F~ NO, i 9403208516 P, 03 TXU Electric Summary of Tariff Revisions Close Rate/Rider to new customers March 1, 2000 · ED - Economic Development Service · ET - Environmental Technology Service · GC - General Service Competitive Pricing · GCl - General Service · I - Interruptible Service · OL - Outdoor Lighting Close Rate to new customers January 1, 2001 · RLU - Residential Low Use Service . RTU ~ Residential Time:of"uSe'SerViCe, ' · RTU1 - Residential Time-of-Use Service · RTU1-M - Residential Time-of-Use Service Municipality Close Rate to new customers January 1, 2001 & Limit contract term to December 3t, 2001 · GTUC - General Service Time-of-Use Voluntary Curtailment · GTUC-M - General Service Time-of-Use Voluntary Curtailment Municipality Delete Tariff · RTP ~ Real Time Pricing · RTP-I - Real Time Pricing - Interruptible · RTP-I-1 - Real Time Pricing - Instantaneous Interruptible .ii=' FEB~is-OOFRI 09:45 RM. TXU , ~,',,. :....,FRX, NO., 9403206516 P, 04 Limit contract term to December 31, 2001 · ES - Enterprise Zone · GP - General Service Primary · GS - General Service Secondary · GTU - General Service Time-of-Use · GTU-M - General Service Time-of-Use Municipality · HV- High Voltage Service · LPP - Non-Firm Energy Purchases from Qualifying Facilities · R - Residential Service · S - Standby Service · SL - Street Lighting Service · SPP - Small Power Production · T -Tem, porary Service .., TXU ~ Electric ! Bryan St, Ste 32 L~allas, TX 75201 Tel: 214812 4821 Fax: 214 812 3221 shoulet@txu.com Stephen J. Houle Vice President January 25,2000 Mr. James Galloway, Filing Clerk Public Utility Commission of Texas 1701 N. Congress Ave. P.O. Box 13326 Austin, Texas 78711-3326 Dear Mr. Galloway: TXU Electric hereby files this its Tariff Filing Pursuant to Substantive Rule 25.241, requesting revisions to 27 of its retail rates/driers and its list of cities served. The primary purpose of this Tariff Filing is to modify, close, or delete certain existing tadffs in order to facilitate the transition to a competitive retail market as of January 1, 2002, pursuant to Senate Bill No. 7. Thus, TXU Electdc proposes herein. to: (1) close certain existing retail tariffs to new customers for services deemed competitive energy services by the Commission's proposed Substantive Rule 25.343; (2) close and/or modify optional retail tariffs with contract provisions that extend beyond the January 1, 2002, start date for full retail market competition or that are no longer necessary; (3) modify retail tariffs for basic rates to limit contract terms to December 31, 2001; and (4) delete retail tariffs that are no longer being utilized. In order to fully explain the revisions proposed in this Tariff Filing, and the reasons therefore, TXU Electric has included in this Filing the testimony of Mr. J. Michael Sherburne. Mr. Sherburne's Exhibit JMS-D-1 summarizes the tariff revisions proposed herein, and his subsequent exhibits provide the proposed tariff sheets with the notations in the right-hand margin indicating the changes made to each tariff sheet, as required by Substantive Rule 25.241(0. TXU Electric has proposed that these tariff revisions go into effect on March 1, 2000. TXU Electric is also filing a revision to Section 2.1 of the Tariff for Electric Service to reflect name changes for cities that TXU Electric currently serves. The Tariff Filing herein does not propose to either increase or decrease any existing charge or rate, and TXU Electric does not anticipate any change in revenues as a result of these proposed tariff revisions. Attached, in addition to Mr. Sherburne's testimony, are clean copies of: (1) the revised Table of Contents; (2) the revised Section 2.1 Cities served listing; and (3) the revised tariff, pages reflecting the proposed changes. Mr. James Galloway Janua~ 25,2000 Page 2 Any correspondence concerning this Filing should be sent to me at the address set out above. Thank you for your assistance. Sincerely, xc: Mr. Stephen Davis, Office of Policy Development Attachments: TESTIMONY OF J. MICHAEL SHERBURNE I I. POSITION AND QUALIFICATIONS 2 Q. PLEASE STATE YOUR NAME, BUSINESS ADDRESS, AND CURRENT EMPLOYMENT 3 POSITION. 4 A. My name is J. Michael Sherburne. My business address is 1601 Bryan Street, Dallas, .5 Texas 75201. I am the Electric Rates Manager for TXU Electric Company ('q'XU Electric" 6 or "Company"). ? Q. PLEASE DISCUSS YOUR EDUCATIONAL BACKGROUND AND PROFESSIONAL 8 QUALIFICATIONS. 9 A. I graduated from Louisiana State University in December 1979 with a Bachelor of Science l0 in Electrical Engineering. In August 1989, I received the degree of Master of Business I! Administration from the University of Dallas. I began employment with Dallas Power & ].2 Light (DP&L) in June 1980 as an Engineer, Jr, in the Research and Development Section 13 of the Distribution Department. In June 1984, I was named Section Head - Overhead and' t4 Underground Operations in the DP&L Distribution. In April 1986, I was named Senior 15 Engineer in the DP&L Distribution Design Division of the Engineering Department. In ~.6 December 1987, I was named Manager, Facilities Management for DP&L and became 1'/ responsible for the construction, operation, and maintenance of DP&L office facilities. I 1.8 continued that responsibility until February :~991, when I was named to the position of 19 Rates and Cost Analysis Manager for Texas Utilities Electric Company. In May 1999, I was 20 named to my current position of Electric Rates Manager - TXU Electric Company. 2! Q. HAVE YOU PREVIOUSLY TESTIFIED BEFORE THE PUBLIC UTILITY COMMISSION 22 OF TEXAS ("COMMISSION")? 23 A. Yes. I have testified before the Commission in Dockets Nos. 21527, 20546, 20200, 13575, 24 11735,11632, and 11037. ! II. PURPOSE OF TESTIMONY 2 Q. WHAT IS THE PURPOSE OF YOUR TESTIMONY IN THIS TARIFF FILING? 3 A. The purpose of my testimony in this tariff filing is to support the proposal of TXU Electric to: 4 (1) close certain existing retail tariffs to new customers for services deemed competitive :5 energy services by PUC Proposed Substantive Rule §25.343; (2) close and/or modify 6 optional retail tariffs with contract provisions that extend beyond the January 1, 2002, start ? date of full retail market competition or that are no longer necessary; (3) modify retail tariffs 8 for basic rates to limit contract terms to December 31, 2001; and (4) delete retail tariffs that 9 are no longer being utilized. 10 Q. PLEASE EXPLAIN WHY TXU ELECTRIC IS FILING THIS PROPOSAL AT THIS TIME. 1! A. TXU Electric proposes to modify, close, or delete certain existing retail Tariffs for Electric t2 Service to facilitate the transition to a competitive marketplace and to address the 13 potentially contentious issues surrounding contract terms with new customers. TXU Electric' 14 would like to remove these potential barriers to competition during the interim and allow for 15 a smoother transition to deregulation. A summary of this proposal is provided in Exhibit [6 JMS-D-1. 17 Q. IN ADDITION TO THE PROPOSALS CONTAINED WITHIN THIS FILING REGARDING 18 TREATMENT OF NEW CONTRACTS, HOW WILL TXU ELECTRIC HANDLE EXISTING !9 RETAIL CUSTOMER CONTRACTS WITH TERMS THAT EXTEND BEYOND JANUARY 20 1, 2002? 21 A. Although the issue of how to handle existing contracts that extend beyond January 1, 2002, 22 is currently being discussed by the PUC, TXU Electric seeks to take proactive measures to 23 handle these retail contracts bilaterally through negotiations with its customers. TXU 24 Electric plans to review each existing retail contract for electric service and renegotiate the 25 terms with each customer to either: (1) limit the contract term to December 31, 2001; (2) 26 allow for contract termination by mutual agreement; or (3) allow both the customer and the 27 Company to terminate the contract, upon 30 days written notice, any time after December [ 31, 2001, irrespective of the term of the contract. By allowing for bilateral contract 2 revisions, it is TXU Electric's desire to transition into a deregulated market in an orderly, 3 amicable manner where both customers and the Company are treated fairly. 4 Q. WILL THIS FILING IMPACT TXU ELECTRIC°S WHOLESALE POWER TARIFFS? 5 A. No. The purpose of this filing is to address issues relating only to retail tariffs due to the 6 passage of Senate Bill No. 7, which provides for retail competition. 7 III. CLOSURE OF TARIFFED SERVICE DEEMED A COMPETITIVE ENERGY SERVICE 8 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE RATE OL - OUTDOOR LIGHTING TO 0 NEW CUSTOMERS? ].0 A. TXU Electric's Rate OL is used to supply customers with unmetered outdoor lighting I] service, a service that is defined in proposed Substantive Rule §25.341(6)(J) as a 12 competitive energy service. As specified in PUC Substantive Rule §25.343(c), affected 13 utilities shall not provide competitive energy services after September 1, 2000. Because' 14 TXU Electric will be required to stop providing this service in the near future, TXU Electric ]5 proposes to close Rate OL to new customers on March 1, 2000, as indicated in Exhibit t6 JMS-D-2. ~.? Q. WHY DID TXU ELECTRIC SELECT MARCH' 1, 2000, AS THE DATE TO CLOSE THIS ! 8 RATE TO NEW CUSTOMERS? 19 A. TXU Electric currently installs an average of 900 guard/flood light fixtures per month and 20 forecasts indicate this trend will continue well into the year 2000. This would equate to the 2t installation of approximately 5400 new fixtures between March 1, 2000, and September 1, 22 2000. TXU Electric therefore desires to prevent these additional customers from signing up 23 for a service that must be discontinued by the provider in the near future. Closing the rate 24 prior to service discontinuance will allow these customers ample time to transition into the 25 practice of obtaining this service from a non-utility supplier. In addition, TXU Electric 26 desires to use .this time to focus on transitioning existing Rate OL customers without 27 complicating the matter by adding new customers during this transition period. 1 Q. 2 3 A. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 '20 21 22 23 24 25 26 27 Go Go Go WHAT EFFECT WILL THIS HAVE ON CUSTOMERS DESIRING TO RECEIVE OUTDOOR LIGHTING? Based upon various comments made during task force meetings for PUC Project Number 21083, Cost Unbundling and Separation of Utility Business Activities, Including Separation of Competitive Energy Services and Distributed Generation, there are suppliers of this service currently in existence that are ready to serve these customers. Therefore, customers will still be able to receive outdoor lighting service, it simply will not be provided by TXU Electric as a regulated utility. Closing Rate OL on March 1, 2000, effectively allows unregulated suppliers of this service to target these customers prior to September 1, 2000, thereby giving them the opportunity to increase their customer base earlier than required. HOW WILL CUSTOMERS RECEIVE OUTDOOR LIGHTING SERVICE BETWEEN MARCH 1~ 2000 AND SEPTEMBER 1, 2000? TXU Electric could provide a listing of suppliers of outdoor lighting service to customers' inquiring into outdoor lighting service. IV. CLOSURE OF TARIFFS WITH CONTRACT PROVISIONS EXTENDING BEYOND JANUARY 1 2002 A. RIDER ED - ECONOMIC DEVELOPMENT SERVICE AND RIDER ET - ENVIRONMENTAL TECHNOLOGY SERVICE WHAT ARE THE MINIMUM CONTRACT TERMS FOR RIDERS ED AND ET? The minimum contract term for Rider ED as specified in the tariff is five years plus the number of years of discounted demand charges received under this rider. The minimum contract term for Rider ET as specified in the tariff is five years. WHY WERE THE MINIMUM CONTRACT PROVISIONS ESTABLIHED AT THIS LEVEL? The minimum term of service for Rider ED was established in order to provide the proper level of demand discount necessary to stimulate economic activity without adversely affecting the cost of service to existing customers. Because the demand discount is based on the number of years until the Gompany'~ n~xt scheduled generating unit addition, the ! contract term was also based on the length of time the demand discount was in effect. 2 The minimum five-year term of service for Rider ET was established to provide a proper 3 level of demand discount to facilitate the customers' ability to finance the conversion to 4 more efficient electrical processes while also exceeding the Company's marginal cost of 5 capacity in 1994 dollars, the effective year of this tariff. 6 Q. WHY IS TXU PROPOSING TO CLOSE RIDERS ED AND ET TO NEW CUSTOMERS ON ? MARCH 1, 2000? 8 A. The minimum contract term for these tariffs would require a customer who signs up after 9 March 1, 2000, to continue receiving service under this rate well beyond the January 1, t0 2002, date of full competition. In addition, the calculation of the demand charge for these ! t riders is based on the Company's next scheduled generating unit addition, but at this time 12 the Company is planning for capacity additions (purchased power) between March 1, 2000, 13 and January 1, 2002. Thus, it would not be appropriate to offer demand discounts at a time' 14 when the Company does not have the capacity available. As a result, going forward these 15 riders will not be applicable to any customer not already receiving service under this tariff. ]6 Therefore, TXU Electric proposes to close Riders ED and ET, as indicated in Exhibit JMS- t? D-3, to: (1) avoid obligating the customer or the utility beyond the date of competition; (2) [8 avoid any confusion associated with the treatment of customer contracts signed during this ~.9 interim period; and (3) prevent an appearance of offering demand discounts when not 20 economically practical, 2 ! B. RIDER I - INTERRUPTIBLE SERVICE 22 Q. WHAT IS THE INITIAL CONTRACT TERM FOR RIDER i? ~-3 A. The initial contract term for Rider I as specified in the tariff is five years, 24 Q. WHY WAS THE CONTRACT PROVISION SET UP FOR AN INITIAL FIVE-YEAR TERM? 25 A. The initial five-year term of service was established to: (1) provide assurance that the 26 contracted load. will remain interruptible for a sufficient length of time to aid TXU Electric in 2? its capacity planning function and spinning reserve requirements; and (Z) ensure some ! reasonable level of cost recovery for the Company's facilities used to serve interruptible :Z load. 3 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE RIDER I TO NEW CUSTOMERS ON 4 MARCH 1, 2000? 5 A. First, it should be noted that the instantaneous interruptible service option of Rider I was 6 officially closed in Docket No. 11735 due to its over-subscription. For the other available ? option under Rider I, noticed interruptible service, the initial contract term would require a 8 customer who signs up after March 1, 2000, to continue receiving service under this rate 9 well beyond the January 1, 2002 date of full competition. In addition to the contract issue, a 10 provision in the tariff allows noticed interruptible customers to discontinue interruptible ! 1 service during the initial two years without penalty. Because of this provision, and thus the 12 uncertainty of the presence of the customer's interruptible load for two years following the 13 contract signing, the Company would not receive a capacity planning benefit during the' ]4 initial two years of the contract. Therefore, any contracts entered into after March 1, 2000, !5 will not afford the Company the planning benefit commensurate with the demand reduction ]6 incentives provided by the rate. Therefore, TXU Electric proposes to close this tariff, as t? indicated in Exhibit JMS-D-4, to: (1) avoid obligating the customer or the utility beyond the ]g date of competition; (2) avoid any confusion associated with the treatment of customer ]9 contracts signed during this interim period; and (3) prevent the unreasonable practice of 20 offering discounts with no benefit afforded the Company or its remaining customers. 21 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE THIS RIDER TO NEW CUSTOMERS 22 RATHER THAN MODIFY THE TERMS OF ANY NEW CONTRACTS? 23 A. As stated above, the minimum contract term was established for very specific operational 24 and economical reasons and was a major factor in the design of the tariff. Reducing the 2.5 term of the contract could potentially lead to a lack of cost recovery by the Company in :Z6 serving this type of load and the inability of TXU Electric to effectively plan and secure the t necessary capacity resources to serve projected load. Based on these reasons, TXU 2 Electric proposes to close the rate to new customers altogether. 3 Qo HOW DOES TXU ELECTRIC PROPOSE TO HANDLE EXISTING INTERRUPTIBLE 4 CONTRACTS? 5 A. In December 1999, TXU Electric gave notice of its intention to terminate all noticed and 6 instantaneous interruptible contracts on December 31, 2001, to ensure that no obligations ? exist beyond market opening. 8 C. RATE GTUC - GENERAL SERVICE TIME OF USE CURTAIl. ABLE AND 9 RATE GTUC-M - GENERAL SERVICE TIME O~' USE CURTAILABLE MUNICIPAL I0 Q. WHAT IS THE INITIAL CONTRACT TERM FOR RATE GTUC & RATE GTUC-M? ! 1 A. The initial contract term for Rate GTUC and Rate GTUC-M as specified in the tariff is three 12 years. 13 Q, WHY WAS THE CONTRACT PROVISION SET USING AN INITIAL THREE-YEAR' t4 TERM? !5 A. The initial three-year term of service was set to ensure some reasonable level of cost 16 recovery for the Company's facilities used to serve curtailable load and was designed to 17 prevent a customer from gaming the rate by' alternating service between curtailable and 18 non-curtailable tariffs depending on the time of year. Requiring a three-year term also t9 encouraged customers to invest in operational and facilities changes to maximize the 20 demand reduction incentives provided by the pricing structure. This term also allowed the 2! Company the time to adjust its planning process associated with securing the necessary 22 capacity resources to serve projected load. 23 Q, WHY IS TXU ELECTRIC PROPOSING TO CLOSE RATES GTUC AND GTUC-M TO ;Z4 NEW CUSTOMERS ON JANUARY 1,200~1 AND MODIFY THE CONTRACT TERM OF 25 THESE RATES? 26 A. Because of the.potential for customers to game the rate by signing up after the last on-peak 2? season before competition begins, thus allowing them to receive a discount with no benefit ! afforded the Company during its peak season, TXU Electric proposes to close these rates 2 on January 1, 2001, one year in advance of the start date for competition. In addition to the 3 potential for gaming the rate, the current contract terms for these tariffs would require a 4 customer who signs up after March 1, 2000 to continue receiving service under these rates 5 beyond the January 1, 2002 start of competition. Because closing the tariff effective 6 January 1, 2001 does not address the issue of contractual obligations for those customers ? who sign-up for service before the tariff is closed, TXU Electric is also modifying the term of 8 all new contracts to ensure that no obligation will exist after the January 1, 2002 start date 9 of competition. These proposals are indicated in Exhibit JMS-D-5. 10 Q. WHY DID TXU ELECTRIC SELECT JANUARY 1, 2001, AS THE PROPOSED DATE TO tl CLOSE THESE RATES INSTEAD OF MARCH 1, 2000 AS PROPOSED FOR RIDERS !2 ED, ET AND I ABOVE? !3 A. Because TXU Electric uses this curtailable load in its capacity planning for future' 14 requirements, both customers and the Company would still benefit in the short term from 15 the addition of new curtailable loads between March 1, 2000 and January 1, 2001. !6 Therefore, TXU Electric proposes to close the rates on January 1, 2001, to utilize the !7 availability of additional curtailable loads during the 2000 and 2001 peak seasons. lg E. RATE RLU - RESIDENTIAL LOW USE SERVICE, 19 RATE RTU - RESIDENTIAL TIME-OF-USE SERVICE, :20 RATE RTU1 - RESIDENTIAL TIME-OF-USE SERVICE, :2 ! AND RATE RTUI-M RESIDENTIAL TIME-OF-USE SERVICE MUNICIPALITy 22 Q. WHAT IS THE INITIAL CONTRACT TERM FOR RATES RLU, RTU, RTUl, AND RTU1- 23 M? 24 A. The initial contract term as specified in the tariff for each of these rates is one year. 25 Q. WHY WAS THE CONTRACT PROVISION SET UP FOR AN INITIAL ONE.YEAR TERM? 26 A. The one year term of service was set to assure some reasonable level of cost recovery for 27 the Company's facilities used to serve residential c;ustomors with special requirements or ! provisions, and to prevent a customer from gaming the rates by alternating between more 2 or less favorable rates depending on the time of year. 3 Q, WHY IS TXU ELECTRIC PROPOSING TO CLOSE RATES RLU, RTU, RTU1, AND 4 RTU1-M TO NEW CUSTOMERS ON JANUARY 1, 20017 5 A. The initial contract terms for these tariffs would require a customer who signs up after 6 January 1, 2001, to continue receiving service under this rate beyond the January 1, 2002, ? date of full competition. Therefore, TXU Electric proposes to close these tariffs, as 8 indicated in Exhibit JMS-D-6, to avoid obligating the customer or the utility beyond the date 9 of competition and to avoid any confusion associated with the treatment of customer 10 contracts signed during this interim period. 1! Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE THESE RATES TO NEW 12 CUSTOMERS RATHER THAN MODIFY THE TERMS OF ANY NEW CONTRACTS? 13 A. TXU Electric considered changing the contract provision to expire on December 31, 2001.' 14 However, because of the potential for customers to game the rate, TXU Electric's proposal t5 to close the rates a year in advance instead of merely altering the contract terms will t6 appropriately require the customer to experience both on-peak and off-peak pricing. 1'/ V. CLOSURE OF TARIFFS THAT ARE NO LONGER NECESSARY 18 A. RATE GC - GENERAL SERVICE COMPETITIVE PRICING AND tP RATE GCl - GENERAL SERVICE, 20 Q. WHY IS TXU PROPOSING TO CLOSE RATES GC AND GCl TO NEW CUSTOMERS 21 ON MARCH 1, 2000? 2:2 A. 'rxu Electric is planning for capacity additions (purchased power) between March 1, 2000, 23 and January 1, 2002. Because the calculation of the demand charge for these rates is 24 based on the number of years until the Company's next scheduled generating unit addition, 25 these rates will not be available to any customer not currently receiving service under these ;Z6 tariffs. Therefore, TXU Electric proposes to formally close these tariffs, as indicated in 1 Exhibit JMS-D-7 to prevent an appearance of offering demand discounts when not 2 economically practical. :3 Q. WHY IS TXU PROPOSING TO CLOSE THESE RATES RATHER THAN DELETING 4 THEM ALTOGETHER? $ A. TXU Electric currently has customers contracted to receive service under these tariffs. 'In 6 order to continue providing service to these customers pursuant to the tariffs, TXU Electric 7 cannot request their deletion. It is TXU Electric's intention to prevent new customers from 8 receiving service under these tariffs, not to require existing customers to change tariffs prior 9 to January 1, 2002. Therefore, TXU Electric is proposing to close these tariffs instead of l0 deleting them. ! ! VI. MODIFICATION OF CONTRACT TERMS FOR BASIC RATES 12 A. RATE R - RESIDENTIAL SERVICE, t3 RATE GS -GENERAL SERVICE SECONDARY, 14 RATE GP - GENERAL SERVICE PRIMARY, 1.5 RATE GTU - GENERAL SERVICE TIME-OF-USE, !6 RATE GTU-M - GENERAL SERVICE TIME-OF-USE MUNICIPALITY, !7 RATE HV - HIGH VOLTAGE SERVICE, 18 RATE S - STANDBY SEVICE, 19 RATE SL -STREET LIGHTING SERVICE, 20 RIDER ES - ENTERPRISE ZONE SERVICE, AND :~ ! RIDER T - TEMPORARY SERVICE 22 Q. WHAT CONTRACT TERM MODIFICATION IS TXU ELECTRIC PROPOSING FOR ?~3 RATES R, GS, GP, GTU, GTU-M, HV, S, SL, AND RIDERS ES AND T? 24 A. TXU Electric proposes to modify the Agreement section of Rates R, GS, GP, GTU, GTU-M, 2.5 HV, S, SL, and Riders ES and T to limit the terms on all new contracts entered into on or 26 after March 1, 2000, to December 31, 2001. !0 6 7 8 9 10 II 12 13 14 15 16 17 18 19 · 20 21 22 23 ! Q. 2 3 A. 4 5 Ao' WHY IS TXU ELECTRIC PROPOSING TO MODIFY THE CONTRACT TERMS OF RATES R, GS, GP, GTU, GTU-M, HV, S, SL, AND RIDER ES AND T? As currently written,-the contract provisions for these basic tariffs place no maximum limitation on the duration of contracts entered into for services rendered under these tariffs. Therefore, it is conceivable that a customer and TXU Electric can enter into contracts with terms that expire after the January 1, 2002 start date of competition. Although the issue of how to handle contracts that extend beyond January 1, 2002, is currently being considered by the PUC, TXU Electric seeks to take proactive measures to reduce the possibility of new contracts being entered into that might impede a customer's ability to choose suppliers after market opening. Therefore, by limiting the maximum contract terms of these rates to December 31, 2001, as indicated in Exhibit JMS-D-8, TXU Electric desires to avoid entering into new agreements that could potentially become contentious issues upon the implementation of retail competition. WHY IS TXU ELECTRIC PROPOSING TO MODIFY THE CONTRACT TERMS OF RATES R, GS, GP, GTU, GTU-M, HV, S, SL, AND RIDERS ES AND T INSTEAD OF CLOSING THE RATES TO NEW CUSTOMERS? Rates R, GS, GP, GTU, GTU-M, HV, S, SL, and Riders ES and T are TXU Electric's basic rates for electric service. In order to serve new customers during the interim period before competition, TXU Electric must maintain certain essential rates to provide service for these classes of customers. Simply modifying the contract terms does not restrict a customer's ability to receive service, does not limit the Company's ability to recover the basic cost of service, and does not create contractual obligations beyond the start date of competition. B. RATE LPP - NON-FIRM ENERGY PURCHASES FROM QUALIFYING FACILITIES AND 24 25 26 RATE SPP - SMALL POWER PRODUCTION WHAT CONTRACT TERM MODIFICATION IS TXU ELECTRIC PROPOSING FOR RATES LPP AND Spp? 11 ! A. TXU Electric proposes to modify the Agreement section of LPP and SPP to limit the terms 2 on all new contracts entered into on or after March !, 2000 to December 31, 2001. 3 Q. WHY IS TXU ELECTRIC PROPOSING TO MODIFY THE CONTRACT TERMS OF 4 RATES LPP AND SPP? 5 A. As currently written, the contract provisions for these tariffs place no maximum limitation on 6 the duration of contracts entered into for energy purchased under these tariffs. Therefore, ? it is conceivable that TXU Electric and a qualifying facility can enter into contracts with g terms that expire after January 1, 2002, thus obligating the Company to purchase energy 9 from these facilities beyond the start date of competition. Section 39.105(a) of the Utilities l0 Code prohibits a transmission or distribution utility from participating in the electricity 1 ! market, except for the purpose of buying electricity to serve its own needs. Therefore, by 12 limiting the maximum contract terms of these rates to December 31, 2001, as indicated in. 13 Exhibit JMS-D-9, TXU Electric desires to avoid entering into new agreements to purchase' !4 power that could potentially become contentious issues upon the implementation of retail t 5 competition. [6 Q. WHY IS TXU ELECTRIC PROPOSING TO MODIFY THE CONTRACT TERMS OF 17 RATES LPP AND SPP INSTEAD OF CLOSING THE RATES? 18 A. Pursuant to Substantive Rule §25.242, TXU Electric is required to have tariffs available for 19 the purchase of energy generated by qualifying facilities. Therefore, TXU Electric is not 20 permitted to request closure of Rates LPP and SPP. However, the Company desires to 21 limit the terms of any new contracts so that no prior contractual obligations to purchase :22 energy exist beyond the start date of competition, pursuant to Section 39.105(a) of the 23 Utilities Code. 24 VII. TARIFFS PROPOSED FOR DELETION 25 A. RATE RTP - REAL TIME PRICING, 26 RATE RTP-I - REAL TIME PRICING INTERRUPTIBLE, 2? AND RATE RTP-I-1 · REAL TIME PRIGING INGTANTANEOU$ INTERRUPTIBLE ! Q. WHY IS TXU PROPOSING TO DELETE RATES RTP, RTP-I, AND RTP-I-I? 2 A. TXU Electric instituted these rates on an experimental basis with an overall objective to 3 evaluate the effectiveness of real-time pricing as a resource option. There are no 4 customers Currently receiving service under any of these rates, nor are there any 5 customers in discussions with TXU Etectric who are considering taking service under these {5 rates. Since the subscription period for Rate RTP is set to expire on October 1, 2000, and ? Rates RTP-I and RTP-I-1 are currently set to expire on October 1, 2001, and September 1, 8 2000, respectively, TXU Electric does not foresee any customer investing the time and 9 resources necessary for successful implementation of these rates before the set expiration 10 dates. Therefore, TXU Electric requests to delete Rates RTP, RTP-I, and RTP-I-1 as ! ! indicated in Exhibit JMS-D-IO. !2 Q. DURING THE TIME SINCE THESE RATES WERE APPROVED, WHAT WAS THE !3 MAXIMUM NUMBER OF CUSTOMERS ON EACH OF THE RATES AT ANY ONE POINT' !4 IN TIME? !5 A. The maximum number of customers at any one point in time was zero for Rate RTP, zero 16 for Rate RTP-I and four for Rate RTP-I-1. t7 Q. WHEN WAS THE LAST DATE A CUSTOMER RECEIVED SERVICE UNDER EACH OF !8 THESE RATES? t9 A. No customer ever received service under Rates RTP and RTP-I. The last date that a 20 customer received service under Rate RTP-I-1 was May 1998. 2] Q. DOES THIS CONCLUDE YOUR TESTIMONY? 22 A. Yes, it does. 13 TXU Electric Summary of Tariff Revisions Exhibit JMS-D- l Page I of 1 Close Rate/Rider to new customers March 1, 2000 · ED - Economic Development Service · ET - Environmental Technology Service · GC - General Service Competitive Pricing · GC 1 - General Service · I - Interruptible Service · OL - Outdoor Lighting Close Rate to new customers January 1, 2001 · RLU - Residential Low Use Service · RTU - Residential Time-of-Use Service · RTU 1 ~ Residential Time-of-Use Service · RTU 1-M - Residential Time-of-Use Service Municipality Close Rate to new customers January 1, 2001 & Limit contract term to December 31, 2001 · GTUC - General Service Time-of-Use Voluntary Curtailment · GTUC-M - General Service Time-of-Use Voluntary Curtailment Municipality Delete Tariff · RTP - Real Time Pricing · RTP-I - Real Time Pricing - Intermptible · RTP-I-1 - Real Time Pricing - Instantaneous Interruptible Limit contract term to December 31, 2001 · ES - Enterprise Zone · GP - General Service Primary · GS - General Service Seconda~ · GTU - General Service Time-of-Use · GTU-M - General Service Time-of-Use Municipality · HV - High Voltage Service · LPP - Non-Firm Energy Purchases from Qualifying Facilities · R - Residential Service · S - Standby Service · SL - Street Lighting Service · SPP - Small Power Production · T - Temporary Service 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JMS-D-2 Page 1 of 2 Sheet: 4 Page 1 of 2 Revision: Three 3.2.4 Rate OL - Outdoor Lighting Service (CLOSED) Application Applicable to existing customers receiving service under the version of Rate OL in effect on February 29 2000, for unmetered ligi~ting service supplied exclusively to one or more outdoor lamps as specified below operating automatically from dusk to dawn. Not applicable to street lighting. Monthly Rate Guard Lights Type Watts kWh Lumens Amount Memury Vapor 175 70 7,900 $8.50 400 150 21,000 $12.90 Sodium Vapor 100 40 9,500 $8.00 200 80 22,000 $11.20 Flood Lights Type Watts KWh Lumen~ Amount Metal Halide 250 100 , 25,000 $14.80 400 160 36,000 $17.90 Sodium Vapor 100 40 9,500 $10.80 250 100 27,000 $13.80 400 160 50,000 $17.65 Extra Spans: Plus $3.40 per span of secondary line installed hereunder in excess of one span per light. Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC on amount of kwh shown above. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR on amount of kWh shown above. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills for nonresidential service customers are increased by 5% if not paid within 20 days after being rendered. Installation and Maintenance of Facilities Company will install at each lamp location one complete overhead luminaire of an approved design on an existing company-owned wood pole or on an additional 30 or 35 foot wood pole, as appropriate for the light size, at an agreed upon location at a distance not to exceed one span of line from Company's existing secondary distribution lines or from any other lamp location served hereunder. Company will maintain all facilities incidental to providing this service, including replacement of burned-out lamps. Company reserves the dght to refuse or discontinue service at locations where excessive maintenance and/or lamp replacements are, in Company's sole judgment, likely to or actually do occur. Additional charges and contract arrangements may be required if a light is installed at Customer's request at a location requiring more than one span of line 13er light, if a transformer is installed specifically to serve lights hereunder, when poles must be set by hand, and/or if unusual or excessive consb'uction costs are involved. If underground service is desired, Customer pays the difference in cost, if any, between overhead and underground service. T <~2000 TXU Electric Company Rate Schedules 19 Tariff for Electric Service TXU Electric Company Exhibit JNIS-D-2 Page 2 of 2 3.2 General Service Sheet: 4 Applicable: Entire System Page 2 of 2 Effective Date: March 1, 2000 Revision: Three Removal of Existing Facilities Company will replace existing Company-owned luminaires with any of the lighting options above or remove the existing luminaire upon request of and payment by Customer of $73.00 for eaoh luminaire to cover the labor cost of removal and Company's average unamortized investment in the existing luminaires. This charge is applicable to all replacements whether or not an agreement for electdc service is in force, outdoor lighting service is active or inactive, or a customer change has taken or is taking place. Agreement An Agreement for Electdc Service with a term of not less than one year may be required for new installations. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electdc Service. T ©2000 TXU Electric Company Rate Schedules 20 T 3.2 General Service Applicable: As Listed in Section 4.12.2 Effective Date: March 1,2000 Tariff for Electric Service TXU Electric Company Exhibit JNIS-D-3 Page 1 of 3 Sheet: 13 Page 1 of 2 Revision: First 3.2.13 Rider ED - Economic Development Service (CLOSED) Application Applicable to electric service under Rate GS, Rate GP, or Rate HV for existing electrical load of 200 kW or more receiving service under the version of Rider ED in effect on February 29, 2000, when the availability of this Rider ED was an important factor in Customer's making the decision to add new electrical load or resume service to an inactive electrical load, subject to the special conditions contained herein. The availability of this rider is at the sole discretion of Company. Applicable in conjunction with Rider ES. Not applicable in conjunction with any other dder, unless specifically provided for herein or in such rider. The provisions of General Service Rates GS, GP, or HV are modified only as shown herein. Monthly Rate In accordance with the terms of General Service Rates GS, GP, or HV, except that an Economic Development Demand Discount is applied to the Economic Development Demand according to the following schedule: Economic Development Demand Discount Schedule Number of Years Until Next c:-=?nity Addition Discount 5 50% 4 40% 3 30% 2 20% 10% 1 T Definitions The Economic Development Demand is that portion of the billing demand of the current month billing demand, as determined in accordance with the appropriate rate schedule, that is greater than the billing demand of the corresponding month in the twelve month period prior to the effective date of service under this Rider. The Economic Development Demand Discount is determined by the number of calendar years, or portions thereof, between the calendar year in which service to customer is first rendered under this Rider and the calendar year in which the next scheduled generating unit addition in Company's Integrated Resource Plan in effect at the time an Agreement for Electric Service under this Rider is signed, and will be reduced annually according to the above Economic Development Demand Discount Schedule, after which the Economic Development Demand Discount terminates. If, for example, at the time that the Agreement for Electhc Service is signed and service is first rendered under this Rider, the next scheduled generating unit addition is in the next calendar year, the customer's Economic Development Demand Discount will be 10% for one calendar year and said discount will terminate thereafter. If, for example, at the time that the Agreement for Electric Service is signed and service is first rendered under this Rider, the next scheduled generating unit addition is in the sixth subsequent calendar year, Customer's Economic Development Demand Discount will be 50% for the first calendar year, 40% for the second calendar year, 30% for the third calendar year, 20% for the fourth calendar year, 10% for the tiflh calendar year, and said discount will terminate thereafter. Inactive electrical load is load that has been inactive for 12 months or more. Special Conditions All of the following conditions must be met prior to service being rendered under this Rider. 1) Customer must furnish Compahy a notadzed affidavit and supporting information confirming that Customer had knowledge of the existen(;e of this Ride,' and an opportunity to consider its bene~Jfcs a{c least ~0 days in advance of making a decision to add the new electrical load or to resume the inactive electrical load and prior to Customer's first construction, purchase, or lease of new or additional facilities or equipment necessary to locate the business in Company's service area, that Customer considered siting its facility outside of Company's service area, and that this Rider was an important contributing factor in Customer's decision to open a new facility or expand an existing facility or resume an inactive electrical load. Rate Schedules 29.3 e2000 TXU Electric Company 3.2 General Service Applicable: As Listed in Section 4.12.2 Effective Date: March 1,2000 Tariff for Electric Service TXU Electric Company Exhibit J~IS-D-.~ Page 2 of 3 Sheet: 13 Page 2 of 2 Revision: First 2) Customer shall be required to demonstrate that the additional electrical load is accompanied by additional full-time employment within the Company's service area. For purposes of this section, full-time employment is defined as an employee who has been. or is projected to be, employed for at least 1,750 hours per year. 3) An energy efficiency analysis of the plans for the new or expanded facility must be completed prior to the installation of the additional connected load. Company Will perform such analysis or review Customer's analysis. All reasonably applicable, commercially available demand-side measures that would reduce the need for electricity or that would result in a more efficient use of electricity will be identified and explained to Customer. The requirement for this analysis will be waived only if Customer can demonstrate good cause for not having the analysis pen~om~ed, such as the use of proprietary technologies. 4) An Agreement for Electric Service has been executed. If the billing demand for 12 consecutive months is less than the billing demand of the con'esponding month in the twelve-month period pdor to the effective date of service under this Rider, Customer will no longer be eligible for service under this Rider, and billing will be accordance with the applicable General Service Rate. Agreement An Agreement for Electric Service, with a minimum term of 5 years plus the number of years of discounted demand charges received under this dder, is required. ©2000 TXU Electdc Company Rate $checlutes 29.4 3.2 General Service Applicable: As Listed in Section 4.12.2 Effective Date: March 1, 2000 Tariff for Electric Service' TXU Electric Company Exhibit J,MS-D-3 Page 3 of 3 Sheet: 14 Page 1 of 1 Revision: First T 3.2.14 Rider ET - Environmental Technology Service (CLOSED) Application Applicable to electric service under Rate GS, Rate GP, or Rate HV for an environmental technology having an electrical load of 5 kW or more receiving service under the version of Rider ET in effect on February 29, 2000. when the availability of this rider was an important contributing factor in Customer's making a decision to convert an existing process using less energy-efficient electric sources of energy or non.electrical sources of energy to a process utilizing energy-efficient electrical technology, subject to the special conditions contained herein, The availability of this dder is at the sole discretion of Company. Applicable in conjunction with Rider ES. Not applicable in conjunction with any other dder, unless specifically provided for herein or in such rider. The provisions of General Service Rates GS, GP, or'HV are modified only as shown herein. Monthly Rate In accordance with the terms of General Service Rates GS, GP, or HV, except that the Environmental Technology Demand is reduced as follows: Environmental Technology Demand Discount Contract Year Discount $5,00/kW 1 $4.00/kW 2 $3.00/kW 3 $2.00/kW 4 $1.00/kW 5 C Definitions Environmental Technology is the conversion to or installation of a new process that yields a net reduction in the amount of source BTU used, i,e., the amount of BTU required for the process must be less for the new technology process than for the replaced process, or a new process that significantly improves the quality of the environment through use of an electrical technology. The Environmental Technology Demand is the estimated maximum 15-minuta demand associated with the energy-efficient electrical technology. Special Conditions All of the following conditions must be met prior to service being rendered under this Rider: 1 ) Customer must furnish Company a notarized affidavit and supporting information confirming that Customer had knowledge of the existence of this Rider and an opportunity to consider its benefits at least 60 days in advance of making a decision to convert existing processes to environmental technologies and pdor to Customer's first construction, purchase or lease of new or additional facilities or equipment necessary to convert to environmental technologies and that this Rider was an important contributing factor in Customer's decision to convert to the environmental technology. 2) An energy efficiency analysis of the plans for the conversion to environmental technology must be completed prior to the installation of the connected load. Company will perform such analysis or review Customer's analysis. All reasonably applicable, commercially available demand-side measures that would reduce the need for electricity or that would result in a more efficient use of electricity will be identified and explained to Customer. The requirement for this analysis will be waived only if Customer can demonstrate good cause for not having the analysis performed, such as the use of proprietary technologies. 3) An Agreement for Electric Service has been executed. Agreement An Agreement for Electric Service with a minimum term of five years is required. Rate Schedules 29.5 I 'T e2000 TXU Electdc Company 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JMS-D-4 Page ! of 2 Sheet: 8 Page 1 of 2 Revision: Four 3.2.8 Rider I- Interruptible'service (CLOSED) Application Applicable to existing points of delivery receiving service under the version of Rider I in effect on February 29. 2000, in conjunction with General Service Secondary Rate GS, General Service Primary Rate GP, or High Voltage Service Rate HV to separately metered and controlled inten'uptible load at one point of delivery and measured through one meter. The availability of this rate is limited in that total system inten'uptible load served hereunder may not exceed an amount determined solely by Company based on its operating rules and standards, Instantaneous interruptible service provided hereunder is closed to new points of delivery and to new installations at existing points of delivery, including conversions of existing firm service loads. Not applicable in conjunction with any other rate schedule or rider unless specifically provided for in such rate schedules or riders, or specifically provided for in this rate schedule. The terms of the applicable rate schedule are modified only as shown herein, Monthly Rate Charge Amount Secondary Primary Transmission Customer (per point of delivery) $115.00 $115.00 $415.00 Demand Instantaneous Intarruptible $3.24 per kW $3.31 per kW $3.04 per kW Noticed Interruptible $6,48 per kW $6.48 per kW $6.08 per kW Energy 0.72 ¢ per kWh 0.59 ¢ per kWh 0.54 ¢ per kWh Demand Determination Demand for calculation of the monthly bill is the largest of: a) Current month kW; b) 80% of the contract kW; c) 80% of the annual kW; Buythrough Option - Noticed Interruptible (Experimental) This buythrough option is applicable only to noticed interruptible service. At Customer's option and after completion of necessary contract arrangements and installation of necessary metadng equipment, noticed intemJptible customer may elect to continue receiving electric service during pedods designated by Company as economic inten'uptions. Dudng such periods, Customer may, at Customer's option, pay the Company the incremental cost of providing service, in lieu of being interrupted. An additional monthly charge of $200.00 is made when Customer selects buythrough option. Customers electing the buythrough option will receive a 15 minute notioe of an economic interruption, the buythrough price, and an estimate of the duration of the economic interruption. Customer must respond within five minutes after being notified of an economic interruption. If Customer elects to buythrough, Customer shall be billed the buythrough price for each kWh used dudng the economic inten'uption period in addition to the monthly rate stated above, in lieu of being interrupted. If no response is received by Customer at the end of five minutes, Customer will either be interrupted or treated as if Customer elected to buythrough, as specified in the associated Agreement for Electdc Service. Periods designated as economic interruptions shall be credited to the interruption time limits whether or not customer is actually interrupted. Definitions Instantaneous interruptible service is interruptible load that can be interrupted without notice by means of underfrequency relays. Noticed interruptible service is interruptible load that can be interrupted with 15 minutes notice. Economic interruption is an interruption that occurs when the incremental cost to provide service to noticed interruptible customers, as Rate Schedules 25 <~2000 TXU Electdc Company Tariff for Electric Service' TXU Electric Company 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 determined solely by Company, is higher than the incremental revenue received for providing such service. Conditions of Service Exhibit JMS-D-~ Page 2 of 2 Sheet: 8 Page 2 of 2 Revision: Four Customer is required, to install, own, operate, and maintain necessary monitoring devices and interrupt-control equipment, including protective devices, On Customer's side of the point of delivery, as specified by Company. In addition, Company shall install interrupt- control equipment on Company's side of point of delivery as determined necessary by the Company to interrupt the inten'uptible load. All intemJpt-control equipment shall be under the exclusive control of the Company, and the installation and maintenanCe of such facilities shall be at the expense of the Customer. Interrupt-control equipment consists of, but is not limited to, switch gear, high-set underfrequency relays, remote control and communications equipment, timers, trip counters, and/or other devices as specified by Company. Remote control and communications equipment includes equipment necessary to provide load information to Company designated system operating centers, Company reserves the dght, but has no duty, to inspect and test all inten'upt-control equipment on Customer's side of the point of delivery, and may review Customer's maintenance records at any reasonable time. a) The Company shall install the necessary switch gear, underfrequency relays, manual controls, remote controls, monitoring devices, and related equipment as determined necessary by the Company to interrupt the intenuptible load. Such interrupting facilities shall be under the exclusive control of the Company, and the installation and maintenance of such facilities shall be at the expense of the Customer. b) An Agreement for Electdc Service will be required for an initial pedod of 5 years when service is first rendered under this dder and for subsequent pedods of 2 years thereafter, continuing until canceled by either party by wdtten notice 1 year in advance of the end of the initial pedod or any subsequent pedod. Customers initiating noticed intermptible service with experimental buythrough provision may discontinue inte?ruptible service dudng the initial two years without penalty. c) If it is determined at any time by Company that the Customer has not acted appropriately so that there can be compliance with the provisions of this rider, then the Customer will be immediately billed on the rate schedule for firm power for the pedod since service was first commenced under this dder, or for the two year pedod just pdor to such determination, whichever pedod is less. The difference between the actual bills rendered and the amount so celculated shall be adjusted each month to cover the Company's annual cost of capital, compounded monthly from such month to. date, as determined in the Company's most recent rate case by the Public Utility Commission of Texas. Such adjusted difference shall immediately become due by Customer to Company. d) Electric service to the interruptible load shall be interrupted by Company, in accordance with the provisions below, or by Customer at the request of the Company should such action be deemed necessary by Company. The Company will endeavor to provide notice some hours in advance of probable inten'uption and, if possible, a second notice of positive interruption. Typo of Service Notice Daily Limit Annual Limit Instantaneous None No longer than 12 hours in any 24 hour pedod, No longer than 400 hours dudng the 12 except during system emergencies as months ending with the current month. described below. Noticed 15 No longer than 12 hours in any 24 hour period, No longer than 700 hours dudng the 12 minutes except during system emergencies as months ending with the current month. ~l,~nribed below. Except as provided above when the buythrough option has been selected and Customer elects to buythrough an economic interruption, the only interruptions credited toward interruption time limits are those implemented by Customer at the request of Company or those initiated by activation of control equipment by Company, and those resulting from the operation of underfrequency relays installed in connection with interruptible service, Extended interruptions resulting from failure of transmission or distribution equipment are not credited toward interruption time limits. Except as provided above when the buythrough option has been selected and Customer elects to buythrough an economic interruption, interruption time is measured from the time load is actually interrupted to the time that (a) Company restores service to the load, or (b) Company's facilities are capable of restoring service to the load, whether or not Customer's facilities are capable of receiving service, or (c) Company has given permission to Customer to restore service to load, whichever is less. When buythrough option has bean selected and Customer elects to buythrough an economic interruption, the time credited toward interruption limits is measured from the time beginning 15 minutes after Company gives notice of an economic interruption and ending at the time that Customer receives notice that the economic interruption has terminated, Intarr~ptions of less than 15 minutes in duration are credited 15 minutes toward each limit. During system emergencies when Company has made public pleas to restrict electric energy usage to essential needs because of an area or statewide shortage of electric power and/or energy, interruptible Customers served hereunder may be interrupted continuously without daily limit until such emergency condition has ended. I T Rate Schedules 26 I T e2000 TXU Electric Company Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Areas Subject to PUC Odginal Jurisdiction Effective Date: March 1, 2000 Exhibit J.M~.D-5 Page I of 6 Sheet 22 Page 1 of 3 Revision: First 3.2.22 Rate GTUC - General Service Time-of-Use Voluntary Curtailable Application Pdor to midnight December 31, 2000 local Dallas, Texas time, applicable to any customer for all electric service supplied at one point of delivery and measured through one meter. Thereafter, applicable only to existing points of delivery receiving service under Rate GTUC at midnight December 31, 2000 local Dallas, Texas time. Each point of delivery is metered and billed separately, unless the Aggregate Billing Option is selected. An interval demand recorder is required prior to service being provided under this rate. The applicability of this rate is limited, on a first-come-first-served basis, to a maximum total contracted load from all Customers of 1,000 MW (i.e., a total of all Customers' Contract kW) for the Company's summer peak season of 1999 and 2,000 MW for the Company's peak season of 2000 and thereafter. Not applicable to temporary, shared, or resale service. Type of Service Single or three phase, 60 hertz, at the most available secondary, pdmary, or transmission voltage. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required prior to service being furnished, The Company may, at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tariff for Electric Service. Monthly Rate Charge Amount Secondary · Primanj Transmission (GTUC-SEC) (GTUC-PRI) (GTUC-TRAN) Customer (per point of delivery) $224.00 $225,00 $625.00 Facilities Higher of the Contract kW or Annual kW $3.47 per kW $2.74 per kW $1.08 per kW Charge Each current month kW in excess of the Contract kW $1.00 per kW $1.00 per kW $1.00 per kW (per point of delivery) Energy Pricing Pedod 4 7.38 ¢ per kWh 7.16 ¢ per kWh 7.03 ¢ per kWh Pdcing Pedod 3 3.40 ¢ per kWh 3.29 ¢ per kWh 3.23 ¢ per kWh Pricing Pedod 2 1.92 ¢ per kWh 1.86 ¢ per kWh 1.83 ¢ per kwh Pdcing Pedod 1 0.60 ¢ per kWh 0.58 ¢ per kWh 0.57 ¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the General Service-Secondary factor for GTUC- SEC, the General Service-Primary factor for GTUC-PRI, and the General Service-Transmission factor for GTUC-TRAN. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the General Service Secondary factor for GTUC-SEC, the General Service Pdmary factor for GTUC-PRI, and the High Voltage Service factor for GTUC-TRAN. Payment: Bills ara due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Curtailment Provisions Customer's load will be subject to no more than 700 hours of curtailment during the 12 months ending with the current month and no more than 12 hours in any 24 hour pedod, except when the Company has made public pleas to restrict electric energy usage to essential needs because of an area or statewide shortage of electdc power and/or energy, then the 12 hour limit no longer applies. Customer will have 15 minutes in which to voluntarily curtail all of the load at the point of delivery or, if Customer chooses not to curtail all of the load at the point of delivery, all kWh used during the curtailment period will be billed at an energy charge of 70¢ per kwh, rather than at the energy charge specified above, provided that, in the event the Customer curtails 35% or more of the total load at a point of delivery not included in the Aggregate Billing Option, or 35% or more of the total load at all points of delivery to the Customer aggregated under the Aggregate Billing Option, throughout the curtailment period, the energy charge for all kWh used during the curtailment period at such point(s) of delivery will be billed at an energy charge of 50¢ per kWh. Total load (either at a single point of delivery or all of Customer's points of delivery under the Aggregate Billing Option) is defined as the Customer's 15-minute demand recorded immediately Rate Schedules 29.19 2000 TXU F:lectdc Company Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Areas Subject to PUC Odginal Jurisdiction Effective Date: March 1, 2000 Exhibit JMS-D-5 Page 2 of 6 Sheet 22 Page 2 of 3 Revision: First prior to Customer's receipt of the notice from Company of the curtailment pedod. Curtailments will occur dudng the following conditions: ' (a) when the Company is required by the Electric Reliability Council of Texas (ERCOT) Operating Guides or the ERCOT Independent System Operator (ISO) to interrupt interrupflble loads. The curtailment period is the entire pedod during which ERCOT Operating Guides or the ERCOT ISO requires the Company to interrupt interruptible loads, beginning 15 minutes after Customer is requested to curtail load, or (b) when the Company's system load is at or above 95% of the higher °f (1) the estimated system annual peak Icad f°r th~ current calendar year or (2) the actual system peak load for the current calendar year. In the event that the actual system peak load in the calendar year exceeds the previously estimated system annual peak load for that calendar year, such actual system peak load shall become the new estimated system annual peak load beginning on the following day. The curtailment pedod is the entire period during which the Company's system load is at or above 95% of the estimated system annual peak load for the current year, beginning 15 minutes after Customer is requested to curtail load. Aggregate Billing Option An entity with multiple points of delivery receiving service under Rate GTUC may elect to receive an aggregate summary bill. Aggregate billing is available to entities that meet all of the following criteria: a) all points of delivery ara billed on the same voltage level service, b) all points of delivery are on the same billing cycle, and c) all points of delivery are under the same ownership. A one-time charge of $25 per point of delivery is made when Customer selects the Aggregate Billing option. Definitions Contract kW is the maximum kW specified in the Agreement for Electric Service. Annual kW is the highest 15-minute kW recorded at the point of delivery during the 12-month pedod ended with the current month. Current month kW is the highest 15-minute kW recorded at the point of delivery dudng the current month. Houdy System Load is TU Electdc's total system demand excluding non-firm economy energy sales. Pricing Period is the billing period determined in accordance with the followil3g and the specified hours are local Dallas, Texas, time: Pricing Pedod 4 Pdcing Pedod 3 Pdcing Pedod 2 Month Pricing Pedod 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December - March NIA N/A N/A N/A 6am-12noon N/A Ati Other Hours 6pm-10pm Apdl & October - N/A N/A N/A N/A N/A N/A All Hours November May & September N/A N/A 2pm-8pm N/A 10am-2pm 2pm-10pm All Other Hours 8pm-10pm June - August 2pm-8pm N/A 10am-2pm 2pm-10pm 8am-10am 10am-2pm All Other Hours 8pm-10pm 10pm-12 10pm-12 midnight midnight Special Conditions a) Where customer has another source of power that is connected, either electrically or mechanically, to equipment that may be operated concurrently with service provided by Company, Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer*$ and the Company's equipment and service. b) Customer must pay all costs associated with installing and maintaining.any special metering equipment and telephone charges, if required. c) An Agreement for Electric Service is required for an initial term of three years when service is first rendered under this rate and for 2000 TXU Electric Company Rate Schedules Zg,Z0 T Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Areas Subject to PUC Odginal Jurisdiction Effective Date: March 1, 2000 Exhibit JMS-D-5 Page 3 of 6 Sheet 22 Page 3 of 3 Revision: First subsequent pedods of 2 years thereafter, continuing until canceled by either party by wdtten notice I year in advance of the end of the initial pedod or any subsequent pedod. Customers that discontinue curtaitabie service under Rate GTUC dudng the term of the Agreement for Electric Service shall be charged the difference between their billings under Rate GTUC and what their billings would have been under an applicable firm service rate (either Rate HV, Rate GP, or Rate GS, depending upon the voltage level of the Customer's service) for the initial term the Customer received service under Rate GTUC, not to exceed three years, and not to exceed two years for subsequent terms, plus interest thereon at the rate applicable to undercharges established pursuant to the Commission's Substantive Rule 23.35(h); provided that, if an Agreement for Electdc Service is signed on or before October 15, 1998, the Customer may, pdor to May 31, 1999, discontinue curtailable service under Rate GTUC and change service to an otherwise applicable Company rate without penalty. d) If it is determined at any time by Company that the Customer has failed to operate and maintain communications equipment in such a manner so that there can be compliance with the provisions of this rate, then the Customer will be immediately billed on the rate schedule for firm power for the period since service was first commenced under this rate, or for the one year period just prior to such determination, whichever period is less. The difference between the actual bills rendered and the amount so calculated shall be adjusted each month to cover the Company's annual cost of capital, compounded monthly from such month to date, as determined in the Company's most recent rate case by the Public Utility Commission of Texas. Such adjusted difference shall immediately become due by Customer to Company. Agreement An Agreement for Electric Service is required. The term of all Agreements for Electric Service signed on or after March 1, 2000, shall be set to expire at midnight December 31,2001 local Dallas, Texas time. The maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load that may be carded all or part of the time by Customer's generator or pdme mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tadff for Electdc Service. Rate Schedules 29.21 2000 TXU Electdc Company 3.2 General Service Applicable: As Listed in Section 4.12.3 Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JMS-D-5 Page 4 of 6 Sheet 26 Page 1 of 3 Revision: First 3.2.26 Rate GTUC-M - General Service Time-of-Use Voluntary Curtailable - Municipality Application Pdor to midnight December 31, 2000 local Dallas, Texas time, applicable to any customer for all electdc service supplied at one point of delivery and measured through one meter. Thereafter, applicable only to existing points of delivery receiving service under Rate. GTUC- M at midnight December 31, 2000 local Dallas, Texas time. Each point of delivery is metered and billed separately, unless the Aggregate Billing Option is selected. An interval demand recorder is required pdor to service being provided under this rate. The applicability of this rate is limited, on a first-come-first-served basis, to a maximum total contracted load from all Customers of 1,000 MW (i.e., a total of all Customers' Contract kW) for the Company's summer peak season of 1999 and 2,000 MW~for the Company's peak season of 2000 and thereafter. Not applicable to temporary, shared, or resale service. Type of Service Single or three phase, 60 hertz, at the most available secondary, primary, or transmission voltage. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required pdor to service being fumished. The Company may, at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with company's Tadff for Electric Service. Monthly Rate Charge Amount Secondary Primary Transmission (GTUC-M-SEC) (GTUC-M-PRI) (GTUC-M-TRAN) Customer (per point of delivery) $224.00 $225.00 $625.00 Facilities Higher of the contract kW or Annual kW $3.47 per kW $2.74 per kW $1.08 per kW Charge Each current month kW in excess of the Contract $1.00 per kW $1.00 per kW $1.00 per kW (per point of kW delivery) Energy Pdcing Pedod 4 7.38 ¢ per kWh 7.16 ¢ per kWh 7.03 ¢ per kWh Pricing Period 3 3.40 ¢ per kWh 3.29 ¢ per kwh 3.23 ¢ per kwh Pdcing Period 2 1.92 ¢ per kWh 1.86 ¢ per kwh 1.83 ¢ per kWh Pdcing Pedod 1 0.60 ¢ per kWh 0.58 ¢ per kwh 0.57 ¢ per kwh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the General Service-Secondary factor for GTUC-M- SEC, the General Service-Primary factor for GTUC-M-PRI, and the General Service-Transmission factor for GTUC-M-TRAN. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the General Service Secondary factor for GTUC-M-SEC, the General Service Primary factor for GTUC-M-PRI, and the High Voltage Service factor for GTUC-M-TRAN. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Curtailment Provisions Customer's load will be subject to no more than 700 hours of curtailment during the 12 months ending with the current month and no more than 12 hours in any 24 hour period, except when the Company has made public pleas to restrict electdc energy usage to essential needs because of an area or statawide shortage of electric power and/or energy, then the 12 hour limit no longer applies. Customer will have 15 minutes in which to voluntarily curtail all of the load at the point of delivery or, if Customer chooses not to curtail all of the load at the point of delivery, all kwh used dudng the curtailment pedod will be billed at an energy charge of 70¢ per kWh, rather than at the energy charge specified above, provided that, in the event the Customer curtails 35% or more of the total load at a point of delivery not included in the Aggregate B#ling Option, or 35% or more of the total load at all points of delivery to the Customer aggregated under the Aggregate Billing Option, throughout the curtailment pedod, the energy charge for all kWh used dudng the curtailment period at such point(s) of delivery will be billed at an energy charge of 50¢ per kWh. Total load (either at a single point of delivery or ail of Customer's points of delivery under the Aggregate Billing Option) is defined as the Customer's 15- Rate Schedules 29.26 ! T 2000 TXU Electric Company 3.2 General Service Applicable: As Listed in Section 4.12.3 Effective Date: March 1, 2000 Tariff for Electric Service TXU ElectriC Company Exhibit JMS-D-5 Page 5 of 6 Sheet 26 Page 2 of 3 Revision: First minute demand recorded immediately pdor to Customer's receipt of the notice from Company of the curtailment pedod. Curtailments will occur during the following conditions: (a) when the Company is required by the Electric Reliability Council of Texas (ERCOT) Operating Guides or the ERCOT Independent System Operator (ISO) to interrupt interruptible loads. The curtailment period is the entire pedod dudng which ERCOT Operating Guides or the ERCOT ISO requires the Company to interrupt interruptible loads, beginning 15 minutes after Customer is requested to curtail load, or (b) when the Company's system load is at or above 95% of the higher of (1) the estimated system annual peak load for the current calendar year or (2) the actual system peak load for the current calendar year. In the event that the actual system peak load in the calendar year exceeds the previously estimated system annual peak load for that calendar year, such actual system peak load shall become the new estimated system annual peak load beginning on the following day. The curtailment pedod is the entire period dudng which the Company's system load is at or above 95% of the estimated system annual peak load for the current year, beginning 15 minutes after Customer is requested to curtail load. Aggregate Billing Option An entity with multiple points of delivery receiving service under Rate GTUC-M may elect to receive an aggregate summary bill. Aggregate billing is available to entities that meet all of the following cdteda: a) all points of delivery are billed on the same voltage level service, b) all points of delivery are on the same billing cycle, and c) all points of delivery ara under the same ownership. A one-time charge of $25 per point of delivery is made when Customer selects the Aggregate Billing option. Definitions Contract kW is the maximum kW specified in the Agreement for Electric Service, Annual kW is the highest 15-minute kW recorded at the point of delivery dudng the 12-month pedod ended with the current month. Current month kW is the highest 15-minute kW recorded at the point of delivery dudng the current month. Houdy System Load is TU Electdc's total system demand excluding non-firm economy energy sales. Pricing Pedod is the billing period determined in accordance with the followi.ng and the specified hours are local Dallas, Texas, time: Pdcing Pedod 4 Pdcing Pedod 3 Pdcing Pedod 2 Month Pricing Pedod 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December - March N/A N/A N/A N/A 6am- N/A All Other Hours 12noon 6pm-10pm Apdl & October - N/A N/A N/A N/A N/A N/A All Hours November May & September N/A N/A 2pm-8pm N/A 10am-2pm 2pm-10pm All Other Hours 8pm-10pm June - August 2pm-8pm N/A 10am-2pm 2pm-10pm 8am-10am 10am-2pm All Other Hours 8pm-10pm 10pm-12 10pm-12 midnight midnight Special Conditions a) Where customer has another source of power that is connected, either electrically or mechanically, to equipment that may be operated concurrently with service provided by Company, Customer must install and maintain, at CustomeCs expense, suoh devices as may be necessary to protect Customer's and the Company's equipment and service. b) Customer must pay all costs associated with installing and maintaining any special metering equipment and telephone 2000 TXU ElectdcCompany Rate Schedules 29.27 I T 3.2 General Service Applicable: As Listed in Section 4.12.3 Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JM~-D-$ Page 6 of 6 Sheet 26 Page 3 o[ 3 Revision: First charges, if required. c) An Agreement for Electric Service is required for an initial term of three years when service is first rendered under this rate and for subsequent periods of 2 years thereafter, continuing until canceled by either party by written notice I year in advance of the end of the initial pedod or any subsequent pedod. Customers that discontinue curtailable service under Rate GTUC-M dudng the term of the Agreement for Eleetfic Service shall be charged the difference between their billings under Rate GTUC- M and what their billings would have been under an applicable firm service rate (either Rate HV, Rate GP, or Rate GS, depending upon the voltage level of the Customer's service) for the initial term the Customer received service under Rate GTUC-M, not to exceed three years, and not to exceed two years for subsequent terms, plus interest thereon at the rate app cable to undercharges established pursuant to the Commission's Substantive RUle 23.35(h). d) If it is determined at any time by Company that the Customer has failed to operate and maintain communications equipment in such a manner so that there can be compliance with the provisions of this rate, then the Customer will be immediately billed on the rate schedule for firm power for the period since service was first commenced under this rate, or for the one year pedod just prior to such determination, whichever period is less. The difference between the actual bills rendered and the amount so calculated shall be adjusted each month to cover the Company's annual cost of capital, compounded monthly from such month to date, as determined in the Company's most recent rate case by the Public Utility Commission of Texas. Such adjusted difference shall immediately become due by Customer to Company. Agreement An Agreement for Electric Service is required. The term of all Agreements for Electric Service signed on or after March 1, 2000, shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. The maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load that may be carded all or part of the time by Customer's generator or prime mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tadff for Electdc Service. ' T C Rate Schedules 29.28 T 2000 TXU Electric Company 3.1 Residential Service Applicable: Entire System Effective Date: March 1,2000 Tariff for Electric Service TXU Electric Company Exhibit J~IS.-D-~ Page I of 6 J T 3.1.2 Rate RLU - Residential Low UseService Sheet: 2 Page 1 of 1 Revision: Three I T Application Pdor to midnight December 31, 2000 local Dallas, Texas time, applicable to any Customer for all the electric service supplied at one I C point of delivery and measured through one meter used for residential purposes in an individual private dwelling or in an individually [ metered apartment. Thereafter. applicable only to existing points of delivery receiving service under Rate RLU at midnight December 31, C 2000 local Dallas, Texas time. Not applicable to temporary, shared, or resale service. Type of Service Single, phase, 60 herlz, at 120 volts or 120/240 volts. A load limiting device will be installed between Company's meter socket and meter which will not allow current flow in excess of 15 amps at 120 volts or 10 amps at 120/240 volts. Monthly Rate Amount Charge Energy Charge On-Peak Months All kWh 6.26 ¢ per kWh Off-Peak Months All kWh 5.89 ¢ per kWh Minimum $1.00 Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Definitions On-Peak Months are the billing months of June through October. Off-Peak Months are the billing months of November through May. Agreement The term of service is for one year. if Customer terminates service on this rate, such Customer is ineligible for service under this rate for a period of one year from termination date. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tadff for Electric Service. RateSchedutes 9 J T ©2000 TXU Electdc Company 3.1 Residential Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit J,s, ISoD-6 Page 2 of 6 Sheet:3 Page 1 of 1 Revision: Three 3.1.3 Rate RTU - Residential Time-of. Use Service Application Pdor to midnight December 31, 2000 local Dallas, Texas time, applicable to any Customer for all of the electric service supplied et one point of delivery and measured through one meter used for residential purposes in an individual private dwelling or in an individually metered apartment. Thereafter, applicable only to existing points of delivery receiving service under Rate RTU at midnight December 31, 2000 local Dallas, Texas time. Not applicable to temporary, shared, or resale service. Type of Service Single, phase, 60 hertz, at 120/240 volts. Where service of the type desired by Customers is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required pdor to its being furnished. Monthly Rate Charge Amount Customer $9.00 Energy Charge On-Peak Hours 15.48 ¢ per kWh Off-Peak Hours 4.12 ¢ per kWh Minimum $9.00 Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Definitions On-peak hours are the 8 hours between 12 noon and 8 pm each weekday (Monday-Friday) except July 4 and Labor Day during the calendar months of June through September. All remaining hours are off-peak. Agreement The term of service is for one year. If Customer terminates service on this rate, said Customer is ineligible for service under this rate for a period of one year from termination date. If Customer terminates service before the end of the initial one year term of service, the final bill will include an adjustment for the amount by which billing on Residential Service Rate R exceeds the billing rendered on this rate. If service is terminated due to the Company's withdrawing this rate, the above adjustment to the final bill does not apply. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service. ©2000 TXU Electric Company Rate Schedules 10 Tariff for Electric Service TXU Electric Company 3.1 Residential Service Applicable: Areas Subject to PUC Odginal Jurisdiction Effective Date: March 1, 2000 3.1.5 Rate RTU1 - Residential Time-of-Use Service Exhibit Page 3 of 6 Sheet: 5 Page 1 of 2 Revision: First T T Application Pdor to midnight December 31, 2000 local Dallas, Texas time, applicable to all customers for all of the electhc service supl31ied at one point of delivery and measured through one meter used for residential 13urposes (which may include small amounts of commercial usage incidental to residential usage) in an individual private dwelling or in an individually metered apartment for which no specific rate is provided. Thereafter, applicable only to existing points of delivery receiving service under Rate RTU at midnight December 31, 2000 local Dallas, Texas time. A time-of-day demand meter is required pdor to service being provided under this rate. Not applicable to temporary, shared, or resale service. ¢ Type of Service Single or three phase, 60 hertz, at standard voltages as described in the Company's Tariff for Electric Service. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required pdor to service being furnished. Monthly Rate Charge Amount Customer $9.00 Facilities Charge Higher of the Contract kW or Annual kW $1.92 per kW Each current month kW in excess of the Contract $1.00 per kW kW Energy Pricing Pedod 4 13.42 ¢ per kWh PHcing Period 3 6.18 ¢ per kWh Pdcing Pedod 2 3,50 ¢ per kWh Pricing Period I 1.09 ¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the Residential Service factor. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the Residential Service factor. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Definitions Contract kW is the maximum kW specified in the Agreement for Electric Service. Annual kW is the highest 15-minute ~(W recorded at the point of delivery dudng the 12-month period ended with the current month. Current month kW is the highest 15-minute kW recorded at the point of delivery dudng the current month. e2000 TXU Electric Company Rate Schedules 11.1 T Tariff for Electric Service' TXU Electric Company 3.1 Residential Service Applicable: Areas Subject to PUC Original Jurisdiction Effective Date: March 1, 2000 Exhibit J MS-D-6 Page 4 of 6 Sheet: 5 Page 2 of 2 Revision: First Phcing Pedod is the billing pedod determined in accordance with the following and the specified hours are local Dallas, Texas, time: Pricing Period 4 Pricing Period 3 Pricing Period 2 Month Pricing Period 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December - March N/A N/A N/A N/A 6am-12noon N/A All Other Hours 6pm-10pm April & October - N/A N/A N/A N/A N/A N/A All Hours November May & September N/A N/A 2pm-Spin N/A 10am-2pm 2pm-10pm All Other Hours 8pm-10pm June - August 2pm-8pm N/A 10am-2pm 2pm-10pm 8am-10am 10am-2pm All Other Hours 8pm-10pm 10pm-12 10pm-12 midnight midnight Agreement An Agreement for Electric Service with a term of not less than one year is required. The term of all Agreements for Electric Service signed on or after March 1, 2000, shall not extend beyond midnight December 31, 2001 local Dallas, Texas time. If Customer terminates service on this rate, said Customer is ineligible for service under this rate for a period of one year from termination date. If Customer terminates service before the end of the initial one year term of service, the final bill will include an adjustment for the amo.unt by which billing on Residential Service Rate R exceeds the billing rendered on this rate. If service is terminated due to the Company's withdrawing this rate, the above adjustment to the final bill does not apply. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tadff for Electric Service. Rate Schedules 11.2 ~' e2000 TXU Electric Company Tariff fOr ElectriC Service TXU Electric Company 3.1 Residential Service Applicable: As Listed in Section 4.12.3 Effective Date: March 1, 2000 Exhibit JMS-D-6 Page 5 of 6 Sheet: 5 Page 1 of 2 Revision: First 3.1.8 Rate RTU1-M - Residential Time-of-Use Service - Municipality Application Pdor to midnight December 31, 2000 local Dallas, Texas time, applicable to all customers for all of the electric service supplied at I C one point of delivery and measured through one meter used for residential purposes (which may include small amounts of commercial usage incidental to residential usage) in an individual pdvate dwelling or in an individually metered apartment for which I no specific rate is provided. Thereafter, applicable only to existing points of delivery receiving service under Rate RTU at midnight C December 31, 2000 local Dallas, Texas time. A time-of-day demand meter is required pdor to service being provided under this rate. Not applicable to temporary, shared, or resale service. Type of Service Single or three phase, 60 hertz, at standard voltages as described in the Company's Tadff for Electdc Service. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required pdor to service being furnished. Monthly Rate Charge Customer Facilities Charge Energy Higher of the Contract kW or Annual kW Each current month kW in excess of the Contract kW Pdcing Pedod 4 Pd¢ing Pedod 3 Pricing Pedod 2 Pricing Pedod 1 Amount $9.00 $1.92 per kW $1~00 per kW 13.42 ¢ per kWh 6.18 ¢ per kWh 3.50 ¢ per kWh 1.09 ¢ per kwh Fue~ Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the Residential Service factor. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the Residential Service factor, Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter, Definitions Contract kW is the maximum kW specified in the Agreement for Electdc Service. Annuat kW is the highest 15-minute kW recorded at the point of delivery during the 12-month period ended with the current month. Current month kW is the highest 15-minute kW recorded at the point of delivery during the current month. e2000 TXU Electdc Company Rate Schedules ~ 1.5 I '[' 3.1 Residential Service Applicable: As Listed in Section 4.12,3 Effective Date: March 1, 2000 Tariff for Electric service TXU Electric Company Exhibit JNIS-D--6 Page 6 of 6 Sheet: 5 Page 2 o[ 2 Revision: First Pdcing Period is the billing pedod determined in aCcordance with the folloWing and the specified hours are local Dallas, Texas, time: Pdcing Pedod 4 Pdcing Pedod 3 Pdcing Period 2 Month Pdcing Pedod 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December - March N/A N/A N/A N/A 6am- N/A All Other Hours 12noon 6pm-10pm April & October - N/A N/A N/A N/A N/A N/A All Hours November May & September N/A N/A 2Pm-8pm N/A 10am-2pm 2pm-10pm Ail Other Hours 8pm-10pm June - August 2pm-8pm N/A 10am-2pm 2pm-10pm 8am-10am 10am-2pm All Other Hours 8pm-10pm 10pm-12 10pm-12 midnight midnight Agreement An Agreement for Electric Service with a term of not less than one year is required. The term of all Agreements for Electric Service signed on or after March 1, 2000. shall not extend beyond midnight December 31, 2001 local Dallas, Texas time. If Customer terminates service on this rate, said Customer is ineligible for service under this rate for a period of one year from termination date. If Customer terminates service before the end of the initial one year term of service, the final bill will include an adjustment for the amount by which billing on Residential Service Rate R exceeds the billing rendered on this rate.. If service is terminated due to the Company's withdrawing this rate, the above adjustment to the final bill does not apply. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tariff for Electric Service. ©2000 TXU Electdc Company Rate Schedules 11.6 I -[' 3.2 General Service Applicable: As Listed in Section 4.12.2 Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JNIS-D-7 Page 1 of 4 sheet: 12 Page 1 of 2 Revision: First 3.2.12 Rate GC -General Service Competitive Pricing (CLOSED) Application Applicable, in the event that Company has entered into an Agreement for Electric Service with respect thereto pdor to February 29, 2000, to any Customer that otherwise qualifies for service under Company's General Service Rates GS, GP, or HV for all of the electdc service supplied at one point of delivery and measured through one meter, where said customer contemplates self-generation, cessation of operations, or obtaining service from an alternate energy service supplier, and in Company's sole judgement, Customer would not be served by Company but for the pdcing provided for herein, subject to the special conditions set forth herein. Service at each point of delivery is metered and billed separately and a demand meter is required. The availability of this rate is limited to electrical loads not otherwise contractually obligated to receive electdc service from Company at the time service under this rate is scheduled to commence. The availability of this rate is at the sole discretion of Company. Not applicable to standby, resale, or shared service, or in conjunction with any rate or other service dder unless specifically provided for herein or in said rate or dder. Type of Service Single or three phase, 60 hertz, at any one of Company's available standard service voltages as required by Customer. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between Company and Customer may be required pdor to its being furnished. Company, may at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tadff for Electric Service. Monthly Rate Charge Customer (per point of delivery) Demand I Current month kW EnergyI per kWh, all kWh Each current month kW in excess of the Contract kW Amount Secondary I Pdmary $14.00 $15.00 Transmission $415.00 As specified in Agreement for Electric Service 0.54¢ per kWh $1.00 per kW I $1.00 per kW $1.00 per kW 0.72e per kwhI 0.59¢ per kwh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the appropriate factor for General Service- Secondary, General Service-Primary, or General Service-Transmission. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the appropriate factor for General Service-Secondary, General Service-Primary, or High Voltage Service, Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Definitions Current month kW is the highest 15-minuta kW recorded at the point of delivery dudng the current month. Contract kW is the maximum kW specified in the Agreement for Electric Service. e2000 TXU Electric Company Rate Schedules 2g.1 '[' 3.2 General Service Applicable: As Listed in Section 4.12.2 Effective Date: March 1, 2000 Special Conditions Tariff for Electric Service TXU Electric Company Exhibit JNIS-D-7 Page 2 of 4 Sheet: 12 Page 2 of 2 Revision: First a) The demand charge applicable to service provided under this rate shall be specified in the Agreement for Electric Service (Agreement) and is the higher of: 1 ) The demand charge necessary to enable Company to provide service to an existing or prospective toad such that the total cost of providing electdc service over the term of the Agreement is equal to or less than that of Customer's self-generation or other energy service arrangement offered by any other entity to serve such load. 2) The demand charge necessary for the net present value (NPV) of the projected incremental base rate revenue (BRR) received by Company during the term of the Agreement to be positive. The NPV is the sum of NPV1 and NPV2, as calculated below. * NPVI: Dudng the period commencing with the effective date of the Agreement and concluding in the year of the next scheduled generating unit addition in Company's integrated resource plan current at the time the Agreement is signed, the NPV of the projected incremental BRR is the sum of the projected monthly BRR discounted at Company's Weighted Average Cost of Capital as approved by the Commission in Company's most recent rate case (WACC). * NPV2: Dudng the pedod commencing in the year after the next scheduled generating unit addition in Company's integrated resource plan current at the time the Agreement is signed, and concluding at the end of the Agreement, the NPV of the incremental BRR is the sum of the monthly difference between (i) the projected BRR that would be received under the Agreement and (ii) the projected BRR that would be received under the Company's applicable general service rate effective at the time the Agreement is executed, discounted at the Company's WACC. b) The total cost of service from self-generation or another energy service supplier to an existing or prospective load will be evaluated on an NPV basis and will include all costs associated with the delivery of fifth energy service, including but not limited to the costs of any production, transmission, and/or disthbution facilities, or modifications thereto, required to serve Customer, including operating and maintenance costs, ad valorem taxes, and standby service. c) Customer must furnish Company a notarized affidavit and supporting information confirming that Customer would have obtained its energy supply fi'om either self-generation or another supplier or would have ceased operations but for the negotiated demand charge permitted by this rate, that such other energy service supply would have bean more economical to Customer than Company's applicable standard General Service Rate, or that such cessation of operations would have occurred because of the economics of the Company's applicable standard General Service Rate, and that the demand charge negotiated pursuant to this rate was necessary for customer to agree to receive electric service from Company. Agreement An Agreement for Electric Service is required. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tadff for Electric Service. e2000 TXU Electric Company Rate Schedules 29.2 T Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: City of Gainesville Effective Date: March 1, 2000 3.2.20 Rate GCl - General Service (CLOSED) Exhibit JMS-D-7 Page 3 of 4 Sheet: 20 Page 1 of 2 Revision: First Application Applicable, in the event that Company has entered into an Agreement for Electric Service with respect thereto prior to February 29, 2000, to any new or existing Customer that otherwise qualifies for service under Company's General Service Rates GS, GP, or HV for all of the electric service supplied at one point of delivery and measured through one meter, where said customer contemplates self- generation, cessation of operations, or obtaining service from an alternative energy service supplier, and in Company's sole judgment, Customer would not be served by Company but for the pdcing provided for herein, subject to the special conditions set forth herein. Service at each point of delivery is metered and billed separately and a demand meter is required. The availability of this rate is limited to electrical loads not otherwise contractually obligated to receive electdc service from Company at the time service under this rate is scheduled to commence. The availability of this rate is at the sole discretion of Company. Not applicable to standby, resale, or shared service, or in conjunction with any rate or other service dder unless specifically provided for herein or in said rate or dder. Type of Service Single or three phase, 60 hertz, at any one of Company's available standard service voltages as required by Customer, Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between Company and Customer may be required pdor to its being furnished. Company, may at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tadff for Electdc Service. Monthly Rate Charge Customer (per point of delivery) Demand I Current month kW I Each current month kW in excess of the Contract kW Energy per kWh, all kWh Amount Secondary I Primary $14.00 $15.00 Transmission $415.00 As specified in Agreement for Electric Service $1.00 per kW I $1.00 per kW $1.00 per kW 0.72¢ per kwh[ 0.59¢ per kwh 0.54¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the appropriate factor for General Service- Secondary, General Service-Primary, or General Service-Transmission. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the appropriate factor for General Service-Secondary, General Service-Primary, or High Voltage Service. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Definitions Current month kW is the highest 15-minute kW recorded at the point of delivery dudng the current month. Contract kW is the maximum kW specified in the Agreement for Electric Service. Special Conditions a) The demand charge applicable to service provided under this rate shall be specified in the Agreement for Electric Service (Agreement) and is the higher of: 1) The demand charge necessary to enable Company to provide service to an existing or prospective load such that the total cost of providing electric service over the term of the Agreement is equal to that of Customer's self-generation or other energy service arrangement offered by any other entthj to serve such load. 2) The demand charge is equal to or above the Company's marginal cost as defined in PUPA §2.001 (c) Rate Schedules 29.15 2000 TXU Electric Company 3.2 General Service Applicable; City of Gainesville Effective Date: March 1,2000 Tariff for Electric Service' TXU Electric Company Exhibit JMS-D-7 Page 4 of 4 Sheet: 20 Page 2 of 2 Revision: First b) The total cost of service from self-generation or another energy service supplier to an existing or prospective load will include all costs associated with the delivery of firm energy service, including but not limited to the costs of any production, transmission, and/or distribution facilities, or modifications thereto, required to serve Customer, including operating and maintenance costs, ad vaioram taxes, and standby service. c) Customer must furnish Company a notarized affidavit and supporting information confirming that Customer would have obtained its energy supply from either self-generation or another supplier or would have ceased operations but for the negotiated demand charge permitted by this rate, that such other energy service supply would have been more economical to Customer than Company's applicable standard General Service Rate, or that such cessation of operations would have occurred because of the economi~:s of the Company's applicable standard General Service Rate, and that the demand charge negotiated pursuant to this rate was necessary for customer to agree to receive electric service from Company. Agreement An Agreement for Electdc Service is required. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tadff for Electric Service. Rate Schedules 29.t6 T 2000 TXU Electdc Company 3.1 Residential Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit J,~IS-D-8 Page I of 18 Sheet: 1 Page 1 of 1 Revision: Three 3.1.1 Rate R - Residential Service Application Applicable to all customers for all of the electric service supplied at one point of delivery and measured through one meter used for residential purposes (which may include small amounts of commercial usage incidental to residential usage) in an individual private dwelling or in an individually metered apartment for which no specific rate is provided, Not applicable to temporary, shared or resale service. Type of Service Single or three phase, 60 hertz, at standard voltages as described in the Company's Tadff for Electric Service. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required prior to service being furnished. Monthly Rate Charge Amount Customer $6.00 Energy On-Peak Months All kWh 6.26 ¢ per kWh Off-Peak Months First 600 kwh 5.89 ¢ per kwh Ail additional kwh 4.12 ¢ per kWh Minimum $6.00 Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter, Definitions On-peak months are the billing months of June through October. Off-peak months are the billing months of November through May. Agreement An Agreement for Electric Service is required when special contract arrangements are involved. The term of the agreement shall not be less than one year if signed prior to January 1, 2001 and shall not extend beyond midnight December 31, 2001 local Dallas, Texas time if signed on or after March 1, 2000. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tadff for Electdc Service. Rate Schedules 8 T e2000 TXU Electdc Company 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JMS-D-8 Page 2 of 18 Sheet: 1 Page 1 of 2 Revision: Four 3.2.1 Rate GS - General Service Secondary Application Applicable to any Customer for all of the electric service supplied at one point of delivery and measured through one meter at secondary voltage. Each point of delivery is metered and billed separately and a demand meter is required when the expected maximum kW is 10 kW or higher, Applicable to temporary, construction power, or warning siren service in conjunction with the appropriate rider. Not applicable to resale service, shared service, or where delivery voltage is other than secondary voltage. Type of Service Single or three phase, 60 hertz, at any one of the Company's available standard secondary service voltages as required by Customer. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required prior to its being furnished. Monthly Rate Charge Customer $14.00 Demand Demand in excess of 10 kW $8.4476 per kW Each current month kW in excess of the contract kW $1.00 per kW Energy Customer without Metered First 2500 kWh 6.21 ¢ per kWh Demand All additional kWh 3.20 ¢ per kwh Customer with Metered First 2500 kwh 6.21 ¢ per kWh Demand Next 3500 kWh* 3.20 ¢ per kWh All additional kwh 0.72 ¢ per kwh *Add 170 kWh per kW of demand in e~.ce-~ of 10 kW Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Demand Determination Demand for calculation of the monthly bill is determined in accordance with the following provisions: a) Demand is the smaller of: 1) cun'ent month kW; 2) on-peak kW plus 25% of the current month kW in excess of the on-peak kW. This provision applies only if Customer has a stable, recurring, annual pattern of use, and at least one full month of actual on-peak history, or an estimate thereof, whioh is representative of such annual pattern of use. b) But is not less than the highest of: 1) 80% of on-peak kW; 2) 50% of contract kW: 3) 50% of annual kW. Rate Schedules 13 T e2000 TXU Electric Company Tariff for Electric Service TXU Electric Company Exhibit J~tS-D-8 Page 3 of 18 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Sheet: 1 Page 2 of 2 Revision: Four Definitions Current month kW is the highest 15-minute kW recorded at the point of delivery'during the current month. On-peak kW is the highest 15-minute kW recorded during the billing months of June through September in the 12-month period ended with the current month. For a customer contracting for new service, on-peak kW is the current month kW until Customer establishes such demand through on-peak use, unless, in Company's sote judgement, sufficient data exists for Company to estimate on-peak kW until Customer establishes on-peak history through actual use. Premise history may be used to estimate on-peak kW. Contract kW is the maximum kW specified in the Agreement for Elect. dc Service. Annual kW is the highest 15-minute kW recorded at the point of delivery in the 12-month period ended with the current month. Time-of-Day Option At Customer's option and after completion of necessary contract arrangements and installation of necessary metedng equipment, the on-peak kW used in determining billing demand is based upon the highest 15-minute kW recorded dudng the Company's on-peak hours in the 12-month period ended with the current month. On-peak hours are the eight hours between 12 noon and 8 pm each weekday (Monday-Friday), exc]uding July 4 and Labor Day, during the calendar months of June through September. An additional monthly charge of $10.00 is made when Customer selects time-of-day option, On-peak kW must be established by actual use dudng Company's on-peak hours before billing under time-of-day option becomes effective. Service hereunder may be commenced only on the first regularly scheduled meter reading date after June 1, July 1, or August 1 containing at least 5 on-peak days, Company reserves the dght to discontinue this option to additional customers if, in the Company's judgment, system load charectedstics no longer warrant such option. Special Conditions Where Customer has another source of power which is connected, either electrically or mechanically, to equipment which may be concurrently operated by service provided by Company, Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service. Agreement An Agreement for Electric Service is required for customers having or expected to have maximum electrical loads of 500 kw or more, when special contract arrangements are involved, and may be required for loads under 500 kW. The term of the agreement shall not be less than one year if signed prior to January 1, 2001 and shall not extend beyond midnight December 31, 2001 local Dallas, Texas time if signed on or after March 1,2000. When Customer has a source of power available, not held solely for emergency use, for which the Company's service may be substituted, either directly or indirectly, or used as a standby, supplementary, or maintenance power supply, an Agreement for Electric Service is required and the maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load which may be carded all or part of the time by Customer's generator or pdme mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tadff for Electric Service. ©2000 TXU Electdc Company Rate Schedules 14 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit Jr~tS-D*8 Page 4 of 18 Sheet: 2 Page I of 2 Revision: Two 3.2.2 Rate GP - General Service Primary Application Applicable to any Customer for all of the electric service supplied at one point of delivery and measured through one meter at primary voltage. Each point of delivery is metered and billed separately and a demand meter is required when the expected maximum kW is 10 kW or higher. Applicable to temporary or construction power in conjunction with the appropriate dder. Not applicable to resale service, shared se~/ice, network service provided in downtown areas, or where delivery voltage is other than primary voltage. Type of Service Single or three phase, 60 hertz, at any one of the Company's standard primary service voltages as is available at Customer's location and as required by Customer. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required pdor to its being furnished. Company, may at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tadff for Electric Service. Monthly Rate Charge Amount Customer $15.00 Demand Demand in excess of 10 kW $7.63 per kW Each current month kW in excess of the contract kW $1.00 per kW Energy Customer without Metered First 2500 kWh 6.21 e per kwh Demand All additional kwh 3.20 ¢ per kwh Customer with Metered First 2500 kwh 6.21 ¢ per kWh Demand Next 3500 kWh* 3.20 ¢ per kWh All additi~)nal kWh 0.59 ¢ per kwh *Add 215 kwh per kW of demand in excess of 10 kW Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Demand Determination Demand for calculation of the monthly bill is determined in accordance with the following provisions: a) Demand is the smaller of: 1) current month kW; 2) on-peak kW plus 25% of the current month kW in excess of the on-peak kW. This provision applies only if Customer has a stable, recurring, annual pattern of use, and at least one full month of actual on-peak history, or an estimate thereof, which is representative of such annual pattern of use. b) But is not lees than the higheet of: 1) 80% of on-peak kW; 2) 50% of contract kW; 3) 50% of annual kW. 2000 TXU Electric Company Rate $chedutes 15 '[' Tariff for Electric Service TXU Electric Company Exhibit J.N1S-D-8 Page $ of 15 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Definitions Current month kW is the highest 15-minute kW recorded at the point of delivery dudng the current month. On-peak kW is the highest 15-minute kW recorded dudng the billing months of June through September in the 12-month period ended with the current month. For a customer contracting for new service, on-peak kW is the current month kW until Customer establishes such demand through on-peak use, unless, in Company's sole judgement, sufficient data exists for Company to estimate on-peak kW until Customer establishes on-peak history through actual use. Premise history may be used to estimate on-peak kW. Contract kW is the maximum kW specified in the Agreement for Electric Service. Annual kW is the highest 15-minute kW recorded at the point of delivery in the 12-month period ended with the current month. Sheet: 2 Page 2 of 2 Revision: Two Time-of-Day Option At Customer's option and after completion of necessary contract arrangements and installation of necessary metering equipment, the on-peak kW used in determining billing demand is based upon the highest 15-minute kW recorded dudng the Company's on-peak hours in the 12-month pedod ended with the cun'ent month. On-peak hours are the eight hours between 12 noon and 8 pm each weekday (Monday-Friday), excluding July 4 and Labor Day, dudng the calendar months of June through September. An additional monthly charge of $10.00 is made when customer selects time-of-day option. On-peak kW must be established by actual use dudng company's on-peak hours before billing under time.of-day option becomes effective. Service hereunder may be commenced only on the first regularly scheduled meter reading date after June 1, July 1, or August 1 containing at least 5 on-peak days. Company reserves the dght to discontinue this option to additional customers if, in the company's judgment, system load characteristics no longer warrant such option. Special Conditions Where Customer has another source of power which is connected, either electrically or mechaoically, to equipment which may be concurrently operated by service provided by Company, Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service. Agreement An Agreement for Electdc Service is required for Customers having or expected to have maximum electrical loads of 500 kW or more, when special contract arrangements are involved, and may be required for loads under 500 kW. The term of the agreement shall not be less than one year if signed prior to January 1, 2001 and shall not extend beyond midnight December 31, 2001 local Dallas, Texas time if signed on or after March 1, 2000. When Customer has a source of power available, not held solely for emergency use, for which the Company's service may be substituted, either directly or indirectly, or used as a standby, supplementary, or maintenance power supply, an Agreement for Electdc Service is required and the maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load which may be carded all or part of the time by Customer's generator or pdme mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tadff for Electric Service. Rate Schedules 16 '[' 2000 TXU Electdc Company Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Areas Subject to PUC Original Jurisdiction Effective Date: March 1, 2000 3.2.21 Rate GTU - General Service Time-of-Use Exhibit jMS-D-8 Page 6 of 18 I T Sheet 21 Page. 1 of 2 Revision: First I T Application Applicable to any customer for all electdc service supplied at one point of delivery and measured through one meter. Each point of delivery is metered and billed separately, unless the Aggregate B#ling Option is selected. A time-of-day demand meter or interval recorder is required prior to service being provided under this rate. Not applicable to temporary, shared, or resale service. Type of Service Single or three phase, 80 hertz, at the most available secondary, primary, or transmission voltage. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required prior to service being furnished. The Company may, at its option, meter service on the secondar~ side of Customer's transformers and adjust for transformer losses in accordance with Company's Tariff for Electric Service. Monthly Rate Charge Amount Secondary Primary Transmission (GTU-SEC) (GTU-PRI) (GTU-TRAN) Customer (per point of delivery) $24.00 $25.00 $425.00 Facilities $3.47 per kW $2.74 per kW $1.08 per kW Charge Higher of the Contract kW or Annual kW (per point of $1.00 per kW $1.00 per kW delivery) Each current month kW in excess of the Contract kW $1.00 per kW Energy Pricing Period 4 13.42 ¢ per kWh 13.02 ¢ per kWh 12.78 ¢ per kWh Pdcing Pedod 3 6.18 ¢ per kwh 5.99 ¢ per kWh 5.88 ¢ per kWh Pdcing Period 2 3.50 ¢ per kwh 3.39 ¢ per kWh 3.33 ¢ per kwh Pdcing Period 1 1.09 e per kwh 1.06 ¢ per kWh 1.04 ¢ per kwh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the General Service-Secondary factor for GTU- SEC, the General Service-Primary factor for GTU-PRI, and the General Service-Transmission factor for GTU-TRAN. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the General Service Secondary factor for GTU-SEC, the General Service Pdmary factor for GTU-PRI, and the High Voltage Service factor for GTU-TRAN, Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Aggregate Billing Option An entity with multiple points of delivery receiving service under Rate GTU may elect to receive an aggregate summary bill. Aggregate billing is available to entities that meet all of the following criteria: a) all points of delivery are billed on the same voltage level service, b) all points of delivery are on the same billing cycle, and c) all points of delivery are under the same ownership. A one-time charge of $25 per point of delivery is made when Customer selects the Aggregate Billing option. Definitions Contract kW is the maximum kW specified in the Agreement for Electdc S~rvice. Annual kW is the highest 15-minute kW recorded at the point of delivery dudng the 12-month period ended with the current month, Rate Schedules 29.17 © 2000 TXU Electric Company Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Areas Subject to PUC Odginal Jurisdiction Effective Date: March 1,2000 Exhibit Page 7 of 18 Sheet 21 Page 2 of 2 Revision: First Current month kW is the highest 15-minute kW recorded at the point of delivery during the current monbh. Pricing Pedod is the billing period determined in accordance with the following and the specified hours are local Dallas, Texas, time: Pricing Pedod 4 Pdcing Pedod 3 Pricing Period 2 Pricing Period 1 Month Weekdays Weekends Weekdays Weekends Weekdays Weekends December - March N/A N/A N/A N/A 6am-12noon N/A All Other Hours 613m-10pm April & October - N/A N/A N/A N/A N/A N/A All Hours November May & September NIA N/A 2pm-Spm N/A 10am-2pm 2pm-10pm All Other Hours 8pm-10pm June - August 2pm-8pm N/A 10am-2pm 2pm-10pm 8am-10am 10am-2pm All Other Hours 8pm-10pm 10pm-12 10pm-12 midnight midnight Special Conditions (a) Where customer has another source of power that is connected, either electrically or mechanically, to equipment that may be operated concurrently with service provided by Company, Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service. (b) Customers may discontinue service under Rate GTU and change service to an other'?ise applicable Company rate during the first year without penalty. Agreement An Agreement for Electric Service is required. The term of all Agreements for Electric Service signed on or after March 1, 2000 shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. The maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load that may be carded all or part of the time by Customer's generator or prime mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service. T Rate Schedules 29.1 © 2000 TXU Electric Company 3.2 General Service Applicable: As Listed in Section 4.12,3 Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JtNIS-D-8 Page 8 of 18 Sheet 25 Page I of 2 Revision: First 3.2.25 Rate GTU-M - General Service Time-of-Use - Municipality Application Applicable to any customer for all electric service supplied at one point of delivery and measured through one meter. Each point of delivery is metered and billed separately unless the Aggregate Billing Option is selected. A time-of-day demand meter or interval recorder is required pdor to service being provided under this rate. Not applicable to temporary, shared, or resale service. Type of Service Single or three phase, 60 hertz, at the most available secondary, primary, or transmission voltage. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract an'angements between the Company and Customer may be required pdor to service being furnished. The'Company may, at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tadff for Electdc Service. Monthly Rate Charge Amount Secondary Primary Transmission (GTU-M-SEC) (GTU-M-PRI) (GTU-M-TRAN) Customer (per point of delivery) $24.00 $25.00 $425.00 Facilities Higher of the Contract kW or Annual kW $3.47 per kW $2.74 per kW $1.08 per kW Charge Each cun'ent month kW in excess of the Contract kW $1.00 per kW $1.00 per kW $1.00 per kW (per point of delivery) Energy Pdcing Pedod 4 13.42 ¢ per kWh 13.02 ¢ per kWh 12.78 ¢ per kWh Pricing Period 3 6;18 ¢ per kWh 5.99 ¢ per kwh 5.88 ¢ per kWh Pdcing Pedod 2 3.50 ¢ per kWh 3.39 ¢ per kWh 3.33 ¢ per kWh Pdcing Pedod 1 1.09 ¢ per kWh 1.06 ¢ per kWh 1.04 ¢ per kWh T Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the General Service-Secondary factor for GTU-M-SEC, the General Service-Primary factor for GTU-M-PRI, and the General Service-Transmission factor for GTU-M-TRAN. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the General Service Secondary factor for GTU~M-SEC, the General Service Primary factor for GTU-M-PRI, and the High Voltage Service factor for GTU-M-TRAN. Payment: Bills ara due when rendered and become pest due if not paid within 16 days thereafter. Bills ara increased by 5% if not paid within 20 days after being rendered. Aggregate Billing Option An entity with multiple points of delivery receiving service under Rate GTU-M may elect to receive an aggregate summary bill Aggregate billing is available to entities that meet all of the following criteria: a) all points of delivery are billed on the same voltage level service, b) all points of delivery are on the same billing cycle, and c) all points of delivery are under the same ownership. A one-time charge of $25 per point of delivery is made when Customer selects the Aggregate Billing option. Definitions Contract kW is the maximum kW specified in the Agreement for Electric Service. 2000 TXU Electric Company Rate Schedules 29.24 T 3.2 General Service Applicable: As Listed in Section 4.12.3 Effective Date: March 1,2000 Tariff for Electric Service TXU Electric Company Exhibit JMS-D-8 Page 9 of 18 Sheet 25 Page 2 of 2 Revision; First T Annual kW is the highest 15-minute kW recorded at the point of delivery during the 12-month pedod ended with the current month. Current month kW is the highest 15-minute kW recorded at the point of delivery during the current month. Pricing Penod is the billing pedod determined in accordance with the following and the specified hours are local Dallas, Texas, time: Pricing Pedod 4 Pdcing Period 3 Pdcing Pedod 2 Month Pricing Period 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December - March N/A N/A N/A N/A 6am- N/A All Other Hours 12noon 6pm-10pm April & October - N/A N/A NIA N/A N/A N/A All Hours November May & September N/A N/A 2pm-Spm N/A 10am-2pm 2pm-10pm All Other Hours 8pm-10pm June - August 2pm-8pm N/A 10am-2pm 2pm-10pm 8am-10am 10am-2pm All Other Hours 8pm-10pm 10pm-12 10pm-12 midnight midnight Special Conditions (a) Where customer has another source of power that is connected, either electrically or mechanically, to equipment that may be operated concurrently with service provided by Company, Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service. (b) Customers may discontinue service under Rate GTU-M and change service to an otherwise applicable Company rate dudng the first year without penalty. Agreement An Agreement for Electric Service is required, The term of all Agreements for Electric Service signed on or after March 1, 2000 shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. The maximum electhcal load specified in the Agreement for Electric Service may not be less than the sum of Customer's normat load plus the load that may be carded all or part of the time by Customer's generator or pdme mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service. Rate Schedules 29.25 2000 TXU Electdc Company 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JMS-D-8 Page I0 of 18 Sheet: 3 Page 1 of 2 Revision: Three T 3.2.3 Rate HV - High Voltage Service Application Applicable to any Customer contracting for all of the electric service supplied at one point of delivery and measured through one ~leter at transmission voltage, Applicabts to temporary service or construction power in conjunction with the appropriate dder. Not applicable to resale service, shared service, or where delivery voltage is other than transmission voltage. Type of Service Three phase, 60 hertz, at the most available transmission voltage. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required prior to its being furnished. Company may, at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tariff for Electric Service. Monthly Rate Charge Amount Customer $415.00 Demand All Demand $12.15 per kW Each current month kW in excess of $1.00 p~r kW the contract kW Energy All kWh 0.54 ¢ per kwh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in acco~ance with Rider PCR. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Demand Determination Demand for calculation of the monthly bill is determined in accordance with the following provisions: a) Demand is the smaller of: 1) current month kW; 2) on-peak kW plus 25% of the current month kW in excess of the on-peak kW. This provision applies only if Customer has a stable, recurring, annual pattern of use, and at least one full month of actual on-peak history, or an estimate thereof, which is representative of such annual pattern of use. b) But is not less than the highest of: 1) 80% of on-peak kW; 2) 50% of contract kW; 3) 50) of annual kW. Rate Schedules 17 ©2000 TXU Electric Company Tariff for Electric Service TXU Electric Company Exhibit JMS-D-8 Page 11 oflg 3.2 General Service Applicable: Entire System Effective Date; March 1, 2000 Sheet: 3 Page 2 of 2 Revision: Three Definitions Current month kW is the highest 15-minute kW recorded at the point of delivery dudng the current month. On-peak kW is the highest 15-minute kW recorded during the billing months of June through September in the 12-month pedod ended with the current month, For a Customer contracting for new service, on-peak kW is the current month kW until Customer establishes such demand through on-peak use, unless, in Coml~any's sole judgment, sufficient data exists for Company to estimate on-peak kW until Customer establishes on-peak history through actual use. Premise history may be used to estimate on-peak kW. Contract kW is the maximum kW specified in the Agreement for Electric Service. Annual kW is the highest 15-minute kW recorded at the point of delivery in the 12-month period ended with the current month. Time-of-Day Option At Customer's option and after completion of necessary contract an'angements and installation of necessary metedng equipment, the on-peak kW used in determining billing demand is based upon the highest 15-minute kW recorded dudng the Company's on-peak hours in the 12-month period ended with the current month. On-peak hours are the eight.hours between 12 noon and 8 pm each weekday (Monday-Friday), excluding July 4 and Labor Day, during the calendar months of June through September. An additional monthly charge of $10.00 is made when Customer selects time-of-day option. On-peak kW must be established by actual use during Company's on-peak hours before billing under time-of-day option becomes effective, Service hereunder may be commenced only on the first regularly scheduled meter reading date after June 1, July 1, or August 1 containing at least 5 on-peak days. Company reserves the right to discontinue this option to additional customers if, in the Company's judgment, system load characteristics no longer wamant such option. Special Conditions Where Customer has another source of power which is connected, either electrically or mechanically, to equipment which may be concurrently operated by service provided by Company, Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service. Agreement An Agreement for Electdc Service is required. The term of all Agreements for Electhc Service signed on or after March 1, 2000 shall be set to expire at midnight December 31,2001 local Dallas, Texas time. When Customer has a source of power available, not held solely for emergency use, for which the Company's service may be substituted, either directly or indirectly, or used as a standby, supplementary, or maintenance power supply, the maximum electrical load specified in the Agreement for Electdc Service may not be less than the sum of Customer's normal load plus the load which may be carried all or part of the time by Customer's generator or pdme mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electdc Service. Rate Schedules 18 [ T ~2000 TXU Electric Company 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit J MS-D-.8 Page 12 of 18 Sheet: 5 Page I of 2 Revision: First 3.2.5 Rate S - Standby Service Application Applicable for eiectdc service to quali~ing facilities for which the Company's service is used as standby maintenance or backup service supplied at one point of delivery and measured through one meter. Not applicable to temporary, shared, or resale service or to supplemental service except as specified herein. Type of Service Three phase, 60 hertz, at the most available, secondary, pdmary or transmission voltage. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required pdor to its being furnished. The Company, may at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tadff for Electdc Service. Monthly Rate Charge Amount Secondary Primary Transmission (S-SEC) (S-PRI) (S-TRAN) Customer (per point of deli'very) $39.00 $106.00 $1,420.00 Demand Backup (On-Peak) $3.05 per kW $3.05 per kW $3.04 per kW Backup (Off-Peak) $7.37 per kW $6.67 per kW $5.43 per kW Maintenance $7.37 per kW $6.67 per kW $5.43 per kW Minimum (applied to the higher of the Contract $3.85 per kW $3.15 per kW $1.90 per kW kW or Annual kW) Each current month kW in excess of the Contract $1.0p per kW $1.00 per kW $1.00 per kW kW Energy Backup (first 73 kWh per kW of demand) 0.72 ~ per kWh 0,59 ¢ per kWh 0.54 ¢ per kwh Backup (all additional kwh) 7.20 ~ per kWh 5.90 ~ per kWh 5.40 · per kWh Maintenance (all kWh) 0.72 ¢ per kWh 0.59 ¢ per kWh 0.54 ¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC using the General Service-Secondary factor for S-SEC, General Service-Primary factor for S-PRI, and General Service-Transmission factor for S-TRAN. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the General Service Secondary factor for S-SEC, the General Service Primary factor for S-PRI and the High Voltage Service factor for S-TRAN. Payment: Bills are due when rendered and become pas~ due if not paid within 16 days thereafter, Bills are increased by 5% if not paid within 20 days after being rendered. Definitions On-peak kW is the highest 15-minute kW recorded during the Company's on-peak hours of the current month. Off-peak kW is the highest 15-minute kW recorded at the point of delivery during the current month. On-peak hours are the eight hours between 12 noon and 8 p.m. each weekday (Monday-Friday), excluding July 4 and Labor Day, during the calenc~ar months of June through &aptember. Off-peak hours are all other hours. Contract kW is the maximum kW specified in the Agreement for Elec~c Service. Annual kW is the highest 15-minute kW recorded at the point of delivery in the 12-month period ended with the current month. e2000 TXU Electric Company Rate Schedules 21 "!' Tariff for Electric Service TXU Electric Company Exhibit JMS-D-8 Page 13 of 18 Sheet: 5 3.2 General Service Page 2 of 2 Applicable: Entire System Revision: First Effective Date: March 1, 2000 Supplemental service is capacity and energy supplied by the utility and used by the customer in addition to the customer's own self- generation to meet the customer's total load requirement. Backup service is capacity and energy supplied by the utility to replace the customer's generation dudng an unscheduled outage. Maintenance service is capacity and energy supplied by the utility to replace the customer's self-generation dudng scheduled outages of the customer's generation, and shall also include capacity and energy purchased by the customer to repiaca the capacity and energy normally generated by the customer's own self-generation dudng a pedod when Company, pursuant to a legally enforceable contract to purchase capacity and energy from the customer, requests a reduction in the customer's generation for economic reasons pursuant to Company's contractual dght to do so. In months where both backup and maintenance service are provided, the demand charge for maintenance service shall be applied only to the maintenance kW in excess of backup kW. Special Conditions a) Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and Company's equipment and service. b) Electric Service is available under this Rate Schedule only when the provision of such service does not impair the electric utility's ability to provide adequate service to its customers, or does not place an undue burden on the Company. c) Customer shall notify Company in writing at least 7 days in advance prior to commencing a scheduled outage. The Company shall approve such request if, in Company's sole judgment, the provision of such maintenance service does not impair the electdc ufility's ability to provide adequate service to its customers, or does not place an undue burden on the Company. d) Customers requiring supplemental service in addition to backup and maintenance service will be allowed to receive such service under this rate at one metering point if the annual load factor (calculated using annual kW) at the point of delivery does not exceed 10%. In all other cases, supplemental service shall be separately metered and billed under the applicable General Service rate. Customer shall report to Company information concerning outages of the customer's pwn self~eneration. e) Agreement An Agreement for Electric Service is required. The term of all Agreements for Electric Service signed on or after March 1, 2000 shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. The maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load which may be carded all or part of the time by Customer's generator or pdme mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electdc Service. T Rate ~chequles 22 T 92000 TXU Electric Company 3.3 Municipal Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JMS'D-8 Page 14 of 18 Sheet: 3 Page 1 of 3 Revision: Three 3.3.3 Rate SL -Street Lighting Service Application Applicable to govemmentel entities for street lighting service to areas served at retail by Company. Not applicable to temporary, shared, standby, supplementary, maintenance, or resale service. Type of Service Single or three phase, 60 hertz, at any of the Company's standard secondary or pdmary service voltages as required by Customer. Where existing distribution facilities are not adjacent to the point of delivery, additional charges and special contract arrangements between the Company and Customer may be requi~;ed prior to its being fumished. If Customer takes service at pdmary voltage, Company may at its option meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tadff for Electric Service. Monthly Rate - Unmetered Facilities Customer Charge: $25.00 Luminaire Charge, per Luminaire Rect- Post-Top Lamp Watts Lumens kWh Schedule angular A B C O Mercury Vapor 175 7,900 70 $8.40 $16.50 $3.90 $~.65 $20,45 $13.00 400 21,000 150 $12.35 $20.05 $7.30 $5.65 N.A. N.A. 1,000 63,000 370 $27.40 $36.10 $19.40 $13.90 N,A. N.A. Sodium Vapor 100 9,500 40 $7.55 $15.65 $3.00 $1,50 $20.60 $12.35 150 16,000 70 $9.50 $17.15 $4,65 $2.65 $25,65 N.A. 200 22,000 80 $10.35 $17.95 $5.10 $3.00 $26.05 N.A. 250 27,500 100 $10.90 $18.50 $5.85 $3.75 $26.55 N.A, 400 50,000 160 $15.50 $25,55 $9.25 $6.00 $38.75 N.A, 1,000 140,000 375 $30.05 $40.15 .$21.05 $14.05 $52.45 N.A, Metal Helide 175 14,000 65 $10.15 $18.30 $5.50 $2.45 $22.85 $18.15 250 25,000 100 $12.93 $22,10 $7.48 $4.05 $33.22 N.A. 400 36,000 160 $15.70 $25.85 $9,45 $5.65 $43.55 N.A. 1.000 110,000 370 $28.75 $38.85 $20.70 $13.70 $53.25 N.A. Other Incandescent' All $7.55 Wallpack 250W $17.60 Mercury Vapor* Fluorescent* $21.50 Historical $21.30 *Closed to new street lighting in-~t~-!!~fions T Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. Rate Schedules 35 T e2000 TXU Electric Company 3.3 Municipal Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JMS-D-8 Page 15 of 18 Sheet: 3 Page 2 of 3 Revision: Three Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Monthly Rate - Metered Facilities - NonCompany-Owned Applicable for electdc service supplied at one point of delivery and measured through one meter to customer owned, operated and maintained street and highway lighting and incidental safety lighting equipment which operates same hours as normal street lighting. Charge Amount Customer $15.00 Energy 3.75 ¢ per kwh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Monthly Rate - Metered Facilities - Company-Owned (Closed to new installations) Amount Charge Customer $25.00 14.00 ¢ per kwh Energy Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Definitions Schedule A applies to: Group 1 Company installed, owned, operated, and maintained street lights mounted on wood poles and served overhead. Group 2 Company installed, owned, operated, and maintained street lights mounted on wood, steel, or ornamental poles of a type normally used by Company, and served overhead or underground, and customer or developer has contributed to Company an amount equivalent to the difference between the total installed cost of such street lighting and the total installed cost of an equivalent lighting system mounted on wood poles and served overhead. Schedule B applies to: Group 1 company installed, owned, operated, and maintained street lights mounted on steel or other ornamental poles of a type normally used by company and served overhead. If the number of steel and/or other ornamental poles exceeds the number of such poles on which lights are mounted, there will be an additional charge of $5.30 per month for each such excess pole. Where two street lights with lamps of the same size are mounted on the same steel and/or other ornamental pole, Schedule B applies to one of the lights and Schedule A to the other. Group 2 Company installed, owned, operated, and maintained street lights mounted on steel or other ornamental poles of a type normally used by company and served underground, and Customer or developer has contributed to Company an amount equivalent tO the difference between the total installed cost of the underground circuits serving the street lights and the total installed cost of overhead circuits. Where two street lights with lamps of the same size are mounted on the same steel and/or other ornamental pole, Schedule B applies to one of the lights and Schedule A to the other. Rate Schedules 36 I T e2000 TXU Electric Company 3.3 Municipal Service Applicable: Entire System Effective Date: March 1,2000 Tariff for Electric Service TXU Electric Company Exhibit JNIS-D-S Page 16 of 18 Sheet: 3 Page 3 of 3 Revision: Three Schedule C* applies to: Group 1 Street lights installed for the use of Customer by Customer Or by a governmental Subdivision. All equipment replacement and maintenance is performed by Customer orthe governmental subdivision. Company provides lamp replacement service only which includes lamp and labor (unless othenvise requested in wdting by Customer). Group 2 Company owned street lights mounted on steel or other ornamental poles of a type not normally used by Company, and Customer or a developer has contributed to Company an amount equivalent to the entire construction cpst of the street lighting facilities including iuminaires and circuits. *Company operates all street lights under Schedule C (must be of a type suitable for use with the lamp sizes provided for herein) and makes all normal lamp replacements which includes lamp and labor at its expense. All other maintenance will be billed to Customer on the basis of actual costs including appropriate overhead expenses. Schedule D applies to: Customer operated and maintained street lights or where such lights are installed by a governmental subdivision for the use of Customer, and Company supplies only power and energy to Customer for the operation of the street lights, Rectangular, Post-Top and Historical apply to: Company installed, owned, operated, and maintained street lights mounted on steel or other ornamental poles of a type normally used by Company and served either overhead or underground. Conversion of Mercury Vapor Luminaires to Sodium Vapor Company will convert existing Company-owned mercury vapor luminaires to sodium vapor luminaires upon request of and payment by Customer of $73.00 for each luminaire to cover the labor cost of removal and Company's average unamortized investment in the mercury vapor luminaires. This charge is applicable to such convemions whether or not an ag[eement for electric service is in force, street light is active or inactive, or a customer change has taken or is taking place. Special Conditions For billing purposes the monthly street lighting buming hours are 333 and all connections and disconnections are assumed to have occurred at the beginning of the current month's billing pedod. Customer owned unmetered lamps other than those of the lamp sizes shown under Schedule D are billed under the metered rate and the amount of monthly energy is determined by multiplying the connected load (including ballast) by the number of burning hours. replacement occur, or Company reserves the right to discontinue service at locations where excessive maintenance and/or lamp Company may charge customer for such maintenance and/or lamp replacements. Company makes all connections and disconnections to its distribution system, Agreement An Agreement for Electric Service is required. The term of all Agreements for Electric Service signed on or after March 1, 2000 shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tadff for Electdc Service. I T J T Rate Schedules 37 T e2000 TXU Electdc Company 3.2 General Service Applicable: Entire System Effective Date: March 1,2000 Tariff for Electric Service TXU Electric Company Exhibit JMS-D-8 Page 17 of 18 Sheet: 7 Page 1 of 1 Revision: First 3.2.7 Rider ES - Enterprise Zone Service Application Applicable in conjunction with General Service Secondary Rate GS, General Service Pdmary Rate GP, and High Voltage Service Rate HV for electric service supplied at one point of delivery and measured through one meter to customers certified as a qualified business meeting the conditions of service specified herein. Not applicable in conjunction with any other riders associated with aforesaid rate schedules unless specifically provided for under such dders. The provisions of General Service Rates GS, GP, and HV are modified only as shown herein. Monthly Rate The total bill calculated according to the applicable rate schedule GS, GP or HV shall be reduced by five percent. Conditions of Service a) Customer's point of delivery must be located in an area designated as an Enterprise Zone (as defined in the Texas Enterprise Zone Act, Article 5190.7, Vemon's Texas Civil Statutes) by the Texas Department of Commerce. Customer must provide wdtten proof of such designation. b) The customer must be certified as a "Qualified Business" (as defined in the Texas Enterprise Zone Act) by the Texas Department of Commerce, Customer must provide written proof of such certification. c) Customers requesting service under this dder must demonstrate, on an annual basis, that both the Enterprise Zone designation and the Customer's certification as a Qualified Business remain valid. Customer shall immediately notify the Company in wdting of any change in such designation or certification, d) if it is determined at any time by Company that the Customer has not acted in compliance with the provision of this dder, then the Customer will be billed for electdc service under the provisions of General Service Secondary Rate G$, General Service Pdmary Rate GP, or High Voltage Service Rate HV, as appropriate, for the pedod since service was first commenced under this rider, or for the two-year period pdor to such determination, whichever period is less. The difference between the actual bills rendered and the amount so calculated shall be adjusted each month to cover the Company's annual cost of capital, compounded monthly from such month to date, as determined in the Company's most recent rate case by the Public Utilit7 Commission of Texas. Such adjusted difference shall immediately become due by Customer to Company, e) An Agreement for Electric Service is required before service is provided under this rider. The term of all Agreements for Electric Service signed on or after March 1, 2000 shall be set to expire at midnight December 31 ,.2001 local Dallas, Texas time. Rate Schedules 24 I T e2000 TXU Electhc Company 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JMS-D-8 Page 18 of 18 Sheet: 10 Page I of 1 Revision: Three 3.2.10 Rider T.- Temporary Service Application Applicable to electric service provided under Rate GS, Rate GP, or Rate HV for construction power service for any pedod of time, for other types of service when such service is to be used for less than 12 consecutive months, and for recurring seasonal service.- Not applicable in conjunction with any other rider, unless specifically provided for in such alder, or with the time-of-day option. The provisions of General Service Rates GS, GP or HV are modified only as shown herein. Monthly Rate In accordance with the terms of General Service Rates GS, GP or HV, except: a) The Monthly Rate is applied on the basis of the actual length of time service is connected, but not less than 30 days, and the minimum bill is not less than the stated Customer charge plus 10% for each bill rendered. b) A nonrefundable service charge of 10% of the amount due under Rates GS, GP or HV, excluding fuel cost pursuant to Rider FC and purchased power cost pursuant to Rider PCR. c) For recurring seasonal service customers, billing shall not exceed 12.3c/kWh, excluding customer charge, in billing months in which all kWh consumption occurs dudng off-peak hours. The installation of a time-of-day meter and an additional $10 customer charge is required for this provision to apply, Special Conditions The billing demand is in no event less than the cun'ent month kW. Customer pays, in advance, the cost of material, labor, and supplies used by the Company in installing, moving, and removing all equipment necessary to furnish service, as set forth in Miscellaneous Service Charges (Rate M). Service to be connected for a period of 3 days or less may, at Company's option, be unmetered and billed on estimated demand and kilowatt-hour usage prOvided, however, that the kilowatt-hours are based (~n not less than 50% utilization of the connected load during the service period. Agreement An Agreement for Electric Service is required for recurring seasonal service. The term of all Agreements for Electdc Service signed on or after March 1, 2000 shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. The Agreement for Electdc Service for other types of service, if required, may be for less than one year, however, may not extend beyond December 31, 2001 if signed on or after March 1, 2000. C C Rate Schedules 28 T ©2000 TXU Electric Company 3.4 Other Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JMS-D-9 Page 1 of 4 Sheet: 3 Page 1 of 2 Revision: Three 3.4.3 Rate LPP - Non-Firm Energy Purchases from Qualifying Facilities Application Applicable to purchases of nonfirm energy generated by qualifying facilities with a design capacity in excess of 100 kW (hereinafter Producer) in accordance with Substantive Rule 23,66 of the Public Utility Commission of Texas at one point of delivery and measured through one meter. Not applicable to any nonflrm energy purchase where rates, terms, or conditions differing from those required hereunder have been contracted by Company and qualifying facility. Type of Interconnection Three phase, 60 herlz, at the most available standard voltage as described in Company's Tadff for Electric Service. Monthly Rate Payable to Company by Producer lDelivery Voltage Secondary Pdmary Transmission Payable to Producer by Company ICustomer Charge $200.00 $300.00 $600.00 The monthly payment to Producer for nonfirm energy is the sum of the products of the (decremental energy price plus 0.08¢) x (kWh delivered by Producer into Company's System), adjusted for losses, for each hour of the monthly billing period. Calculations ~or determining the per kWh decremental energy price payable for nonflrm energy purchased under this rate schedule will be made after the fact on an hourly basis using the Company's economic dispatch model. All nonfirm energy purchases from qualifying facilities under this tariff will be combined into a single hourly purchase for purposes of this calculation. For the purposes of this tariff, the pdce of fuel during periods without lignite backdown will be the Company's decremental gas cost. The pdce of fuel dudng pedods with lignite backdown when ignition and flame stabilization fuel is not used will be based on the mining affiliate supplier's total operation and maintenance expense less labor for the 12 month period ending with the second month pdor to the current month. The price of fuel during periods with lignite backdown when ignition and flame stabilization fuel is used will be zero. Company will meter the kWh's delivered by the Producer into the Company's system and will adjust the metered kWh by the appropriate line loss factor for the interconnection voltage. The line loss factors used will be the same factors used in developing the Company's fuel cost tadff, Rider FC. Producer is responsible for any third party losses or transmission wheeling charges incurred in delivering energy into Company's system. Special Conditions Nonfirm energy purchases may be interrupted in case of a system or area emergency or when a hazardous condition exists if, in Company's sole judgment, the continuation of such purchases would contribute to the emergency or hazardous condition. In addition, nonfirm energy purchases may be interrupted if, in Company's sole judgment, the continuation of such purchases would impair the ability of the Company to provide reliable service to its firm customers. Producer will pay interconnection costs. Interconnection costs are the reasonable costs of connection, switching, transmission, disthbution, safety provisions, engineering, and adminisb'ative costs incurred by the Company directly related to the installation of the physical facilities and computer modifications necessary to permit interconnected operations with Producer, to the extent such costs are in excess of the corresponding costs that the Company would have incurred if it had not engaged in interconnected operations, but instead generated an equivalent amount of electric energy itself. I I I T Rate Schedules 41 ©2000 TXU Electdc Company 3.4 Other Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit JMS-D-9 Page 2 of 4 Sheet: 3 Page 2 of 2 Revision: Three T Agreement An agreement for the purchase of nonfirm energy is required. The term of all agreements signed on or after March 1, 2000 shall be set to expire no later than midnight December 31, 2001 local Dallas, Texas time. Notice This rate is subject to the orders of regulatory bodies having jurisdiction and to the provisions of Company's.Tariff for Electdc Services. Rate Schedules 42 T e2000 TXU Electdc Company 3.4 Other Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Exhibit J~iS--D-9 Page 3 of 4 Sheet: 6 Page 1 of 2 Revision: Three 3.4.6 Rate SPP - Small Power Production Application Applicable to purchases of energy generated by qualifying small power production and cogeneration facilities with a design capacity of 100 kW or less (hereinafter Producer) in accordance with Substantive Rule 23.66 of the Public Utility Commission of Texas at one point of delivery and measured through one meter as specified below. Option A is applicable to Producers operating in parallel with Company interconnecting through a single meter that measures net consumption. Option B is applicable to Producers operating in parallel with Company interconnecting through two meters; one measuring net consumption and the other measuring net production. Option C is applicable to Producers interconnecting through two meters; one measuring all consumption by the Producer and the other measuring all production by the producer. Option D is applicable to Producers using renewable resources with an aggregate design capacity of 50 kW or less interconnecting through a single meter that runs forward and backward. Type of Interconnection Single or three phase, 60 hertz, at the most available pdmary distribution voltage or, at Company's option, at standard voltages as described in the Company's Tadff for Electdc Service. Monthly Rate Payable to Company by Producer Service Option A Customer Charge $0.00 $30.00 B C $45.00 D $15.00 I T Payable to Producer by Company The monthly payment to Producer is the (average decremental energy pdce plus .08¢) X (kWh delivered by Producer into Company's system), adjusted for losses, for the monthly billing pedod. For the purposes of this tariff, the pdce of fuel dudng pedods without lignite backdown will be the company's decremental gas cost, The pdce of fuel dudng pedods with lignite backdown when ignition and flame stabilization fuel is not used will be based on the mining affiliate supplier's total operation and maintenance expense less labor for the 12 month pedod ending with the second month pdor to the current month. The pdce of fuel during pedods with lignite backdown when ignition and flame stabilization fuel is used will be zero. Company will meter the kWh's delivered by the producer into the Company's system and will adjust the metered kwh by the appropriate line loss factor for the interconnection voltage. The line loss factor used will be the same factors used in developing the Company's fuel cost tariff, Rider FC. Definitions Consumption is kW and kWh used b~' Producer for a given billing pedod and is billed in accordance with the standard rate schedule applicable to the customer class to which the Producer belongs. Production is the kwh output of the qualifying facility. Rate 5¢t~eciule5 47 ! T ~2000 TXU Electric Company 3.4 Other Applicable: Entire System Effective Date: March 1,2000 Tariff for Electric Service TXU Electric Company Exhibit J,NIS-D-9 Page 4 of 4 Sheet: 6 Page 2 of 2 Revision: Three Agreement An Agreement for Electric Service is required. The term of the agreement shall not be less than one year if signed pdor to January 1, 2001 and shall not extend beyond midnight December 31, 2001 local Dallas. Texas time if signed on or after March 1, 2000. Notice Service hereunder is Subject to the ocders of regulatory bodies having jurisdiction and to the provisions of the Company's Tadff for Electric Service. T Rate ~chedules 48 I e2000 TXU Electric Company Tariff for Electric Service TeXas Utilities Electric Company 3.2 General Service Applicable: Areas Subject to PUC Odginal Jurisdiction Effective Date: Octnher 1. 1997 3.2.16 Rate RTP -Real Time Pricing (Experimental) Exhibit JMS-D-10 Page ! of 7 Sheet: 16 Page 1 of 2 Revision: Odginal Application Applicable to up to 100 customers dudng a three-year phased subscription pedod following the effective date of this rate and continuing thereafter for three years from the date service is first rendered under this rate for all of the electric service supplied at one point of delivery and measured through one meter. Each point of delivery is metered and billed separately, and an interval demand recording meter and other load research equipment are required. This rate is offered as an optional expedmentsl rate and is limited to 100 customers. The rate is limited to 25 participants in the first year, 35 additional participants in the second year, and 40 additional participants in the third year of the subscription period. The selection of participants from among the applicants for service on this rate is at the sole discretion of Company and shall be based upon the Customer's ability to shift load in response to pdce, the Customer's demonstrated understanding of the operation of this tadff, and the Customer's agreement to coordinate its service and operations with Company in a manner that facilitates the Company's evaluation of this service. This tariff expires at midnight local Dallas, Texas, time, 3 years after the three year subscription period is completed, and is not applicable to electric service used after that date. Electric service under this rate is applicable to individual participants for a pedod not to exceed 3 years from the date service was first rendered under this rate. Not applicable to interruptible, resale, or shared service, or in conjunction with any rate or other service rider unless specifically provided for herein or in said rate or dder, or to customers having less than 12 months of interval load data. Type of Service Single or three phase, 60 hertz, at any one of Company's available standard service voltages as required by Customer. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract an'angements between Company and Customer may be required pdor to its being furnished. Monthly Rate The monthly bill will be calculated according to the following formula: Monthly Bill = CBC + RTPC + ADM, where: CBC = Customer Baseline Charge calculated using Customer Baseline Load (CBL) at the applicable standard rate schedule currently in effect but for this Rate RTP, including all applicable riders as specified in such applicable standard rate schedule. RTPC = Real Time Price Charge calculated in accordance with the following formula: RTPC = ~ [( MPSC, + NFVOM + TOC, + MFC,) x LF x ( kwh,- CBLt)] where: n -- Total number of hours in the billing period, t -- An hour in the billing period, MPSCt -- Marginal Power Supply cost per kWh in hour t as determined by the table below: MPSC Pricing Estimated Hourly System Load as MPSC (c/kWh) Pedod Percent of Estimated System Annual Peak Option A Option B Option C Option D 4 90 - 100 % 62.58 ¢ 52.74 ¢ 25.00 ~ 15.00 3 80 - 89 % 21.40 ¢ 17.34 ¢ 15.00 ¢ 10.47 2 60 - 79 % 4.20 ¢ 4.00 ¢ 3.50 ¢ 4.49 ¢ 1 0 - 59 % 0.52 ¢ 0.98 ¢ 1.75 ¢ 1.95 ¢ NFVOM = Non-fuel related Variable Operations and Maintenance Expense per kWh = 0.08¢ per kWh, TOCt = Transmission Outage Cost in hour t, which for the period of this experiment is assumed to be $0.00 per kwh, D 997 Texas Utilities Electric Company Rate Schedules 29.7 Tariff for Electric Service' Texas Utilities Electric Company 3.2 General Service Applicable: Areas Subject to PUC Original Jurisdiction Effective Date: October 1, 1997 Exhibit JMS-D-10 Page 2 of 7 Sheet: 16 Page 2 of 2 Revision: Odginal MFCt = Marginal Houdy Fuel Cost per kWh in hour t, determined by using the next increment of fuel and the heat rate of the next increment of available capacity in Company's order of generation economic dispatch, LF = Loss Factor, kWht = kWh consumption in hour t'of current billing period, CBL~ = kWh consumption in hour t of Customer Baseline Load. ADM = A monthly administrative charge to be assessed to cover additional costs associated with RTP communications and billing. ADM is equal to $250 per month. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are i'ncreased by 5% if not paid within 20 days after being rendered. Special Conditions a) Pdce Notification and Responsibility - Each day, by 4:00 p.m. local Dallas, Texas, time, a schedule of twenty-four hourly real-time prices (MPSCt + NFVOM + TOC~ + MFC~) for the following day will be electronically transmitted to the Customer. It is the Customer's sole responsibility to inform the Company of any faiiura to receive the hourly pricing data (RTP data). The Company is not responsible for a Customer's failure to act on the RTP data, regardless of whether such RTP data is actually received by the Customer by 4:00 p.m. of the preceding day. Except dudng periods of unanticipated changes in system conditions, the Company will make pdcas for Saturday through Monday available on the preceding Friday, Pricing for holidays, as specified below, may also be made available prior to the standard day-ahead price notification. b) Holidays - The following days shall be considered holidays: New Year's Day, Cood Friday, Memorial Day (observed), independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, and Christmas Day. Should any of these holidays fall on Sunday, the following Monday is considered a holiday. Similarly, should any of these days fall on Saturday, the preceding Friday is considered a holiday. o) Customer Baseline Load (CBL) -The CBL is, at Customer's option, either (1) the Customer's'actual hourly load for the billing month of the previous year corresponding to the current billing month, with any necessary adjustments to ensure that the CBL represents the appropriate day of the week in the current billing month, or (2) 12 monthly load profiles based on the most available 12 months of the Customer's actual usage pdor to sen/ice first being rendered under this rate, with the load profile for each month being determined using the average weekday houdy load profile and the average weekend hourly load profile based on the actual usage for that month, i.e., each weekday for a given month has the same hourly load profile and each weekend for a given month has the same hourly load profile; or with the load profile for each month being determined using the average on-peak houdy load profile and the average off- peak hourly load profile for each day of the week for that month, i.e., one load value for all on-peak hours for Mondays during the month and one load value for all off-peak hours for Mondays during the month, one load value for all on-peak hours for Tuesdays dudng the month and one load value for all off-peak hours for Tuesdays during the month, etc. The Company will consider adjusting the initial 12 months of the CBL to account for special (non-recurring) conditions that may have affected the Customer's load. The special conditions include, but are not limited to, the following: unusual maintenance activities; equipment testing, addition, removal, replacement, or energy efficiency upgrades; plant shutdown, outage, or partial closure; exceptional production conditions; or demand- side management investments. Customer must provide dOcumentation to substantiate any adjustment to the CBL. The Company, at its sole discretion, will determine the initial CBL, considering documentation provided by Customer. Customer and Company must agree to the CBL, or Customer is not eligible for the RTP experiment. d) On-peak hours are the eight hours between 12 noon and 8 pm each weekday (Monday - Friday), excluding July 4 and Labor Day, dudng the calendar months of June through September. e) Billing at MPSC Pricing Period 4 is limited to 150 hours per calendar year; all additional hours in MPSC Pdcing Pedod 4, if any, will be billed at MPSC Pricing Period 3. f) Pricing Periods - Daily pricing periods begin with the hour ending 0100 and end with the hour ending 2400 local Dallas, Texas, time. g) The Customer is required to pay for all costs associated with installing and maintaining any computer hardware or software and telephone charges required to provide continuous two-way communications between Customer and Company. Agreement An Agreement for Electric Service will be required for the duration of the experiment. If Customer terminates the Agreement for Electric Service pdor to the expiration of the term specified above, Customer is ineligible for service under this rate for the remainder of the experimental pedod. Upon termination, Customer has the option to return its load to the Company rate schedule under which it was previously served or any effective Company rate scheduie for which Customer is eligible, and Customer's billing history will be adjusted to reflect its load profile pdor to service first being rendered under this rate. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tariff for Electdc Service. D 997 Texas Utilities Electric Company Rate Schedules 29,8 Tariff for Electric Service Texas Utilities Electric Company 3.2 General Service Applicable: Areas Subject to Commission Original Jurisdiction Effective Date: October 1, 1997 3.2.18 Rate RTP-I - Real Time Pricing - Interruptible (Experimental) Exhibit JM~-ID- 10 Page 3 of 7 Sheet: 18 Page 1 of 3 Revision: Odginal Application Applicable to 10 Instantaneous IntemJpfible and 10 Noticed Interrupfible customers for a pedod of four years from the effective date of this rate to separately metered and controlled interrupfible load supplied at one point of delivery and measured through one meter. Each point of delivery is metered and billed separately, and an interval demand recording meter and other load research equipment are required. All of the terms of the Company's Rider I - Inter~ptible Service, except for the section of Rider I titled "Monthly Rate," apply to the service provided pursuant to this Rate RTP-I unless specifically provided for herein. Participation in the instantaneous inter~uptible service options is limited to existing instantaneous inter~uptible service customers. The MPSC billing option is only applicable to instantaneous interrupfible customers. This tadff expires at midnight local Dallas, Texas, time, 4 years after the effective date, and is not applicable to electric service used after that date. Not applicable to resale, or shared service, or in conjunction with any rate or other service dder unless specifically provided for herein or in said rate or dder. Type of Service Three phase, 60 hertz, at any one of Company's available standard service voltages as required by Customer. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract a~Tangements between Company and Customer may be required pdor to its being furnished. Monthly Rate The monthly bill will be calculated according to the following formula using, at Customer's option specified in the Agreement for Electdc Service, either a MPSC or DEMAND billing component: Monthly Bill = CC + CBC +RTPC + ADM + DEMAND, where: CC = Customer Charge as specified in Company's Rider I - Interruptible Service for the applicable service voltage. CBC = Customer Baseline Charge calculated using Customer Baseline Load (CBL) at the applicable standard interruptible rate schedule currently in effect but for this Rate RTP-I, excluding the Customer Charge but including all applicable riders as specified in such applicable standard interruptible rate schedule. For Customers choosing the DEMAND billing component, CBC equals zero. RTPC = Real Time Price Charge calculated in accordance with the following formula: RTPC = ~[(MPSC, + NFVOM + MFC,) x LF x(kWhsubt-CBL,)], where: n = Total number of hours in the billing period, t = An hour in the billing period, MPSCt = Marginal Power Supply Cost per kWh in hour t as determined by the table below and is applicable only to existing instantaneous interruptible service customers choosing the MPSC billing component. For customers choosing the DEMAND billing component, MPSCt equals zero. MPSC Pricing Estimated Houdy System Load as Percent MPSC Period of Estimated System Annual Peak C/kWh 4 90 - 100 % 29.00 ¢ 3 80 - 89 % 9.54 ¢ 2 00 - 79 % 2.20 · ~1 0 - 59 % 0.29 ¢ NFVOM = Non-fuel related Variable Operations and Maintenance Expense per kwh = 0.08¢ per kwh, D 997 Texas Utilities Electric Company Rate SGhedules 29.11 Tariff for Electric service Texas Utilities Electric Company 3.2 General Service Applicable: Areas Subject to Commission Odginal Jurisdiction Exhibit J~NIS-D-IO Page 4 of 7 Sheet: 18 Page 2 of 3 Revision: Original Effective Date: October 1, 1997 MFC~ = Marginal Hourly Fuel Cost per kWh in hour t, determined by using the next in~[=,,ent of fuel and the heat rate of the next increment of available capacity in Company's order of generation economic dispatch, LF = Loss Factor used in determining the Company's current Commission-approved fixed fuel factor for the appropriate voltage level of service, kWh~ = kWh consumption in hour t of current billing pedod, CBL~ = kWh consumption in hour t of Customer Baseline Load. At Customer's option, CBL may be set to zero for the duration of the experiment. ADM = A monthly administrative charge to be assessed to cover additional costs associated with RTP communications and billing. ADM is equal to $250 per month. DEMAND = Demand as determined by the demand determination provision multiplied by the applicable demand charge from the table below and is only applicable to customers choosing the DEMAND billing component. For customers choosing the MPSC billing component, DEMAND equals zerO. Demand Charge Voltage Level of Secondary Primary Ttai~si~;ssion Service Instantaneous $3.24 per kW $3.31 per kW $3.04 per kW Intermptible Noticed InternJptible $6.48 per kW $6.48 per kW $6.08 per kW Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Demand Determination Demand for calculation of the monthly bill is the largest of: a) Current month kW; b) 80% of the contract kW; c) 80% of the annual kW; Definitions Current month kW is the highest 15-minute kW recorded at the po nt of delivery during the current month. contract kW is the maximum kW specified in the Agreement for Elecb'ic Service. Annual kW is the highest 15-minuta kW recorded at the point of delivery in the 12-month pedod ended with the current month. Special Conditions a) Price Notification and Responsibility - Each day (Monday through Thursday, except holidays as specified below), by 4:00 p.m. local Dallas, Texas, time, a schedule of forty-eight hourly real-time prices (MPSC~ + NFVOM + MFCt) for the following two days will be electronically transmitted to the Customer. The tweoty-four hourly pdces for the immediately following day will be considered firm prices. The twenty-four hourly prices for the second following day are subject to change and are for use by Customer for planning purposes only. It is the Customer's sole responsibility to inform the Company of any failure to receive the hourty pricing data (RTP data). The Company is not responsible for a Customer's failure to act on the RTP data, regardless of whether such RTP data is acfually received by the Customer bY 4:00 p.m. of the preceding day. Except during periods of unanticipated changes in system conditions, the Company will make firm prices for Saturday through Monday available on the preceding Friday. Firm pricing for holidays, as specified below, may also be made available prior to the standard day-ahead price notification. b) Holidays - The following days are be considered holidays: New Year's Day, Good Friday, Memorial Day (observed), Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, and Christmas Day. Should any of these holidays fall on Sunday, the following Monday.is considered a holiday. Similarly, should any of these days fall on Saturday, the preceding Fdday is considered a holiday. c) Customer Baseline Load (CBL) - The CBL is, at Customer's option, either (1) the Customer's actual hourly load for the billing month of the previous year corresponding to the current billing month, with any necessary adjustments to ensure that the CBL represents the appropriate day of the week in the current billing month, or (2) 12 monthly load profiles based on the most available 12 months of the Customer's actual usage prior to service first being rendered under this rate, with the load profile for each month being determined using the average weekday hourly load profile and the average weekend hourly load profile based on the actual usage for that month, i.e., each weekday for a given month has the same hourly load profile and each weekend for a given month has the Rate ~(;hedules 29.12 ®1997 Texas Utilities Electric company D Tariff for Electric Service Texas Utilities Electric Company 3.2 General Service Applicable: Areas Subject to Commission original Jurisdiction Exhibit JMS-D-10 Page 5 of 7 Sheet: 18 Page 3 of 3 Revision: Odginal Effective Date: October 1, 1997 same houdy load profile; or with the load profile for each month being determined using the average on-peak houdy load profile and the average off-peak houdy load profile for each day of the week for that month, i.e., one load value for all on-peak hours for Mondays dudng the month and one load value for all off-peak hours for Mondays dudng the month, one load value for all on-peak hours for Tuesdays dudng the month and one load value for all off-peak hours for Tuesdays dudng the month, etc. The Company will consider adjusting the initial 12 months of the CBL to account for special (non-recurring) conditions that may have affected the Customer's load. The special conditions include, but are not limited to, the following: unusual maintenance activities; equipment testing, addition, removal, replacement, or energy efficiency upgrades; plant shutdown, outage, or partial closure; exceptional production conditions; or demand-side management investments. Customer must provide documentation to substantiate any adjustment to the CBL. The Company, at its sole discretion, will determine the initial CBL, considering documentation provided by Customer. Customer and Company must agree to the initial CBL, or Customer is not eligible for the RTP experiment. d) For customers choosing the MPSC option, billing at MPSC Pdcing Period 4 is limited to 150 hours per calendar year; all additional hours in MPSC Pricing Period 4, if any, will be billed at MPSC Pricing Period 3. e) Pdcing Pedods - Daily pdcing periods begin with the hour ending 0100 and end with the hour ending 2400 local Dallas, Texas, time. f) The Customer is required to pay for all casts associated with installing and maintaining any computer hardware or software and telephone charges required to provide continuous two-way communication between Customer and Company, g) If it is determined at any time by Company that the Customer has not acted appropriately so that there can be compliance with the provisions of this rate, then the Customer will be immediately billed on the rate schedule for firm power for the pedod since service was first commenced under this rate, or for the two-year period just pdor to such determination, which pedod is less. The difference between the actual bills rendered and the amount so calculated shall be adjusted each month to recover the Company's annual cost of capital, compounded monthly from such month to date, as determined in the Company's most recent rate case by the Public Utilib/ Commission of Texas. Such adjusted difference shall immediately become due by Customer to Company. Agreement An Agreement for Electdc S'ervice will be required for the duration of the experiment. Customer may terminate this Agreement at the. Customers discretion; however, if Customer terminates the Agreement for Electric Service pdor to the expiration of the term specified above, Customer is ineligible for service under this rate for the remainder of the expedmental period. Upon termination, Customer has the option to return its load to the Company rate schedule under which it was previously served or any effective Company rate schedule for which Customer is eligible, and, for Customers choosing the MPSC billing option, Customer's billing history will be adjusted to reflect its load profile pdor to service first being rendered under this rate. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tadff for Electdc Service. D Rate Schedules 29.13 997 Texas Utilities Electric Company 3.2 General Service Applicable: City of Midlothian Effective Date: September 1,1996 Tariff for Electric Service' Texas Utilities Electric Company Exhibit JMS-D-IO Page 6 of 7 Sheet: 17 Page 1 of 2 Revision: Odginal 3.2.17 Rate RTP-I-1 - Real Time Pricing - Instantaneous Interruptible (Experimental) Application Applicable to existing instantaneous interruptible Customers situated within the incorporated city limits of Midlothian, Texas, for four years from the effective date of this rate for all of the instantaneous inter~ptible electric service supplied at one point of delivery and measured through one meter. Each point of delivery is metered and billed separately, and an interval demand recording meter and other load research equipment are required. All of the terms of the Company's Rider I - Interruptible Service, except for the section of Rider I titled 'Monthly Rate,' that pertain to instantaneous interruptible service apply to the service provided pursuant to this Rate RTP-I-1 unless specifically provided for herein.. This tariff expires at midnight, 4 years after the effective date, and is not applicable to electric service used after that date. Not applicable to resale, or shared service, or in conjunction with any rate or other service dder unless specifically provided for herein or in said rate or dder. Type of Service Three phase, 60 hertz, at any one of Company's available standard service voltages as required by Customer. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between Company and Customer may be required pdor to its being fumished. Monthly Rate The monthly bill will be calculated according to the following formula: Monthly Bill = CC + RTPC + ADM, where: CC = Customer Charge as specified in Company's Rider I - Interrupfible Service for the applicable service voltage. RTPC = Real Time Pdce Charge calculated in accordance with the following formula: RTPC = ~-~(MPSC, + NFVOM + TOCt + MFC,) x LF x kWh,: where: n = Total number of hours in the billing period, t = An hour in the billing period, MPSC~ = Marginal Power Supply Cost per kwh in hour t as determined by the table below: MPSC Pricing Estimated Houdy System Load as Percent of MPSC Period Estimated System Annual Peak c/kWh 4 90 - 100 % 29.00 ¢ 3 80 - 89 % 9.54 ¢ 2 60 - 79 % 2.20 ¢ 1 0 - 59 % 0.29 ¢ NFVOM = Non-fuel related Variable Operations and Maintenance Expense per kWh = 0.08¢ per kWh, TOCt = Transmission Outage Cost in hour t, which for the period of this experiment will be $0.00 per kWh, MFC~ = Marginal Hourly Fuel Cost per kWh in hour t, determined by using the next increment of fuel and the heat rate of the next increment o.f available capacity in Company's order of generation economic dispatch, LF = LOSs Factor. ADM = kWht = kWh consumption in hour t of current billing pedod, A monthly administrative charge to be assessed to cover additional costs associated with RTP communications and billing. ADM is equal to $350 per month. D (c) 1998 Texas Utilities Electdc Company Rate ~chedules 29,9 3.2 General Service Applicable: City of Midlothian Effective Date: September 1,1996 Tariff for Electric Service Texas Utilities Electric Company Exhibit JNIS-D*I0 Page 7 of 7 Sheet: 17 Page 2 of 2 Revision: Odginal Payment: B s are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Special Conditions a) Pdce Notification and Responsibility - Each day (Monday through Thursday, except holidays as specified below), by 4:00 p.m. local Dallas, Texas, time, a schedule of forty-eight houdy real-time pdces (MPSC~ + NFVOM + TOCt + MFCt) for the following two days will be electronically transmitted to the Customer. The twenty-four houdy pdces for the immediately following day will be considered firm pdces. The twenty-four houdy prices for the second following day are subject to change and are for use by Customer for planning purposes only. It is the Customer's sole responsibility to inform the Company of any failure to receive the houdy pricing data (RTP data). The Company is not responsible for a Customer's failure to act on the RTP data, regardless of whether such RTP data is actually received by the Customer by 4:00 p.m. of the preceding day. Except dudng periods of unanticipated changes in system conditions, the Company will make firm prices for Saturday through Monday available on the preceding Fdday. Firm pdcing for holidays, as specified below, may also be made available pdor to the standard day-ahead price notification. b) Holidays - The following days shall be considered holidays: New Year's Day, Good Fdday, Memodal Day (observed), Independence Day, Labor Day, Thanksgiving Day, Fdday after Thanksgiving, Christmas Eve, and Christmas Day. Should any of these holidays fall on Sunday, the following Monday shall be considered a holiday. Similarly, should any of these days fall on Saturday, the preceding Friday shall be considered a holiday. c) Billing at MPSC Pdcing Period 4 is limited to 150 hours per calendar year. All additional hours in MPSC Pricing Pedod 4, if any, will be billed at MPSC Pdcing Period 3. d) Pdcing Pedods - Daily pdcing pedods begin with the hour ending 0100 and end with the hour ending 2400. e) The Customer shall be required to pay for all costs associated with installing and maintaining any computer hardware or software and telephone charges required to provide continuous two-way communication between Customer and Company. Agreement An Agreement for Electdc Service will be required for the duration of the experiment. If Customer terminates the Agreement for Electric Service pdor to the expiration of the term specified above, Customer is ineligible for service under this rate for the remainder of the experimental pedod. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tariff for E~ectdc Service. D (c) 1996 Texas Utilities Electric Company Rate ~¢hedules 29,10 ANNOTATED' COPIES OF TABLE OF CONTENTS AND SECTION 2.1 Tariff for Electric Service TXU Electric Company Contents Applicable: Entire System Effective Date: Mamh 1, 2000 Sheet: 1 Page 1 of 2 Revision: Seventeen I T Contents 1.0 Utility Operations ........................................................... 1 2,0 Cities and Counties Served .......................................... 2 2.1 Cities ....................................................................... 3 2.2 Counties ....................................................................... 5 3.0 Rate Schedules .............................................................. 6 3.1 Residential Service .......................................................... 7 3.1.1 Rate R - Residential Service .................. :. ............... 8 3.1.2 Rate RLU - Residential Low Use Service ................. 9 3.1.3 Rate RTU - Residential Time-of-Use Service ......... 10 3.1.4 Rider MER - Residential Maintenance of Effort Service (Experimental Pilot Program) ........................ 11 3.1.5 Rate RTU1 - Residential Time-of-Use Service.... 11.1 3,1.6 Rider RRD - Residential Rate Reduction ........... 11.3 3.1.7 Rider RRD - Residential Rate Reduction ............ 11.4 3.1.8 Rate RTU1-M-Residenfial Time-of-Use Service- Municipality ........................................................... 11.5 3.1.9 Rate RRE - Residential Renewable Energy Service (Experimental) .......................................... 11.7 3.2 General Service ............................................................. 12 3.2.1 Rate GS - General Service Secondary .................. 13 3.2.2 Rate GP - General Sen/ice Pdmary ....................... 15 3.2.3 Rate HV - High VoJtage Service ............................. 17 3.2.4 Rate OL - Outdoor Lighting Service (CLOSED),.,..19 3.2.5 Rate S - Standby Service ..................................... 21 3.2.6 Rate SSC-T * SSC Temporary Construction and Interim Power Service .............................................. 23 3.2.7 Rider ES - Enterprise Zone Service ....................... 24 3.2.8 Rider I - Interrupfible Service (CLOSED) ............... 25 3.2.9 Rider SI - Standby Interruptible Service ................27 3.2.10 Rider T - Temporary Service ............................... 28 3.2.11 Rider WS - Warning Siren Service .......................29 3.2,12 Rate GC - General Service Competitive Pricing (CLOSED) ................................................. 29.1 3.2.13 Rider ED - Economic Development Service (CLOSED) ........................................................ 29.3 3.2,14 Rider ET - Environmental Technology Service (CLOSED) ................................................ 29.5 3,2.15 Rider SE - State Institutions of Higher Education .............................................................. 29.6 3.2.16 Rate RTP - Real Time Pricing (Experimental).,.29.7 3.2.17 Rate RTP-I-1 - Real Time Pricing - Instantaneous Interruptible (Experimental) ................................... 29.9 3.2.18 Rate RTP-1 - Real Time Pricing - Interrupfible (Experimental) ..................................................... 29.11 3.2,19 Reserved ....................................................... 29.14 3.2.20 Rate GCl - General Service (CLOSED) ......... 29.15 3.2.21 Rate GTU - General Service Time-of-Use ...... 29.17 3.2.22 Rate GTUC - General Service Time-of-Use Voluntary Curtailment .......................................... 29.19 3.2.23 Rider GSRD - General Service Rate Reduction ............................................................ 29.22 3.2.24 Rider GSRD - General Service Rate Reduction ............................................................ 29.23 3.2.25 Rate GTU-M-General Service Time-of-Use- Municipality .............................. ; ........................... 29.24 3.2.26 Rate GTUC-M-General Service Time-of-Use Voluntary Curtailable - Municipality ....................... 29.26 3.2.27 Rider GSRE - General Service Renewable Energy (Experimental) ......................................... 29.29 3,3 Municipal Service ........................................................... 30 3.3.1' Rate MP - Municipal Pumping Service (CLOSED) ............................................................... 31 3.3.2 Rate MS - Miscellaneous Municipal Type Service (CLOSED) ................................................................. 33 3.3.3 Rate SL - Street Lighting Service ........................... 35 3.4 Other ...................................................................... 38 3.4.1 Rate EE - Economy Energy Service ....................... 39 3.4.2 Rider FC - Fuel Cost Factor ..................................40 3.4.3 Rate LPP - Non-Firm Energy Purchases from Qualifying Facilities ............... ~ ................................... 41 3,4.4 Rate M - Miscellaneous Service Charges ............... 43 3,4.5 Rider PCR - Power Cost Recovery ........................ 46 3.4.6 Rate SPP - Small Power Production ...................... 47 3.4.7 Rate TW - Firm Electric Power Transmission Wheeling Service ...................................................... 49 3.4.8 Rate '['VVC - Transmission Wheeling Service - Qualifying Facilities ................................................... 50 3.4.9 Rate WP - Wholesale Power Service ..................... 51 3.4.10 Rate WP1 - Wholesale Power Service .............. 52,1 3.4.11 Rate WPC - Wholesale Power Competitive Pricing ................................................................... 52.2 3.4.12 Rider BRR - Base Rate Refund ....................... 52.4 3.4.13 Rider FCS - Fuel Cost Surcharge ..................... 52.6 3.4.14 1993 Rider TAF o Tax Adjustment Factor Reconciliation ......................................................... 52.8 3.4.15 Rider FCS1 - Fuel Cost Surcharge .................... 52,9 3.4.16 3.4.17 3.4,18 3.4.19 3.4.20 3.4.21 3.4.22 3.4.23 Rider FCR - Fuel Cost Refund ........................ 52.11 Rider RD - Rate Reduction ............................. 52.12 Rider RD - Rate Reduction ............................. 52.13 Retail Electric Service Switchovers ................. 52.14 Reserved ........................................................ 52.15 Rate AUI - Accessible Utility Information ........ 52.16 Reserved ........................................................ 52.17 Rate GLO - General Land OfFice .....................52.20 4.0 4.1 4,2 4.3 T 4.4 Service Regulations ..................................................... 53 Contents - Service Regulations ...................................... 54 Foreword ...................................................................... 56 Definitions ...................................................................... 57 Electric Service .............................................................. 59 4.4.1 Availability of Electric Service ............................... 59 4.4.2 Method of Providing Electric Service ......................60 4,4.3 Overhead Electric Service ..................................... 60 4.4.4 Underground Electric Service ................................ 60 4.4.5 Meter ..................................................................... 61 4.5 Providing Electric Service .............................................. 63 4.5.1 Providing Electric Service ..................................... 63 4.5.2 Continuity and Quality of Electric Service ............... 63 4.5.3 Liability and Responsibility for Damage or Injury and Disclaimer of Warranties ............................ 63 4.5.4 Customer Complaints ............................................ 64 4.5.5 Location of Point of Delivery .................................. 64 4.5.6 Space Requirements ............................................. 64 4.5.7 Customer's Electrical Installation ........................... 64 4,5.8 Inspection and Approval of Customer's Electrical Installation ................................................................. 65 4.5.9 Standard Electric Service ...................................... 65 4.5.10 Nonstandard Electric Service ............................... 65 4.5.11 Extension of Electric Service ............................... 65 4.5.12 Special Contract Provisions ................................ 66 4.5.13 Charges for Providing Temporary Electric Service ..................................................................... 66 4.5.14 Installation and Maintenance of Company Facilities .................................................................... 66 4.5.15 Protection of Company's Facilities On Customer's Premises ................................................ 67 4.5.16 Admittance to Customer's Premises .................... 67 e2000 TXU Electric Company Contents Tariff for Electric Service TXU Electric Company Contents Applicable: Entire System Effective Date: March 1, 2000 4.5.17 Removal and Relocation of Company's Facilities .................... [ .............................................. 67 4.5.18 Dismantling of Company's Facilities .................... 67 4.5.19 Attachments to Company's Facilities ................... 67 4.6 Obtaining Electric Service .......................... ~ .................. 68 4.6.1 Application for Electric Service .............................. 68 4.6.2 Agreement for Electric Service .............................. 68 4.6.3 Secudty for Payment of Electric Service Bills ........ 69 4.7 Use of Electric Service .................................................. 71 4.7.1 Limitations On Use of Electdc Service ................... 71 4.7.2 Customer's Electrical Load ................................... 71 4.7.3 Tampering With Company's Meters, Equipment or Other Property ...................................................... 72 4.7.4 Unauthorized Use of Electdc Service ..................... 72 4.8 Charges For Electric Service .................................... :.._73 4.8.1 Rate Schedules For Electric Service ..................... 73 4.8.2 Billing .................................................................... 73 4.8.3 Metedng Electdc Service ...................................... 74 4.8.4 Improper Metedng of Customer's Installation in Multi-Family Dwellings .......................................... 75 4.8.5 Transfer of Electrical Load Between Points of Delivery By Primary or Transmission Voltage Customers ................................................................ 75 4.9 Discontinuance of Electric Service ................................ 76 4.9.1 Customer Discontinues Electric Service ................ 76 4.9.2 Company Discontinues Electric Service ................ 76 4.10 Interconnection with Small Power Production Facilities ................................................................ 78 4.10.1 General ............................................................... 78 4.10.2 Definitions ........................................................... 78 4.10.3 Interconnecfion Requirements ............................. 78 4.10.4 Electrical Design Requirements ........................... 79 4.10.5 Approval and Inspection ..................................... 79 4.10.6 Metedng ............................................................. 79 4.10.7 Operating and Maintenance Requirements .......... 79 4.10.8 Liability ............................................................... 80 4.11 Forms ..................................................................... 81 4.11.1 Agreement for Electric Service ............................81 4.11.2 Application for Electdc Service - Residential ........ 82 4.11.3 Applicacion Para Servicio Electrioo ..................... 83 4.11.4 Application for Electric Service -Nonresidential....84 4.11.5 Agreement for Extension, Relocation, or Removal of Company Facilities ................................ 85 4.11.6 Deferred Payment Agreement ............................. 86 4.11.7 Off Service Deferred Payment Agreement ........... 87 4.11.8 Easement and Right of Way (Form 50.3000) ....... 88 4.11.9 Easement and Right of Way (Form 50.3100) ....... 89 4.11.10 Easement and Right of Way (Form 50.3200)..... 90 4.11.11 Easement and Right of Way (Form 50.3300) ..... 91 4.11.12 Easement and Right of Way (Form 50.3400).,_92 4.11.13 Easement and Right of Way (Form 50.3500)..... 93 4,11.14 Easement and Right of Way(Form 50.3600).....94 4.11.15 Certificate of Acknowledgment for Individuals....95 4.11.16 Certificate of Acknowledgment for corporations, Associations, Churches, School Districts, Etc ........... 96 4,11.17 Grant of Easement (Vetersn's Land Board) ........ 97 4.12 Rata Administration ..................................................... 99 4.12.1 Intarest Rate for Customer Deposita, Overcharges, and Undercharges99 4.12.2 Cities in Which Rider ED, Rider ET, Rate WPC, and/or Rate GC are Applicable ............................... 100 4.12.3 Cities in Which Rate GTU-M, RTU1-M and/or GTUC-M are Applicable ..........................................103 Sheet: 1 Page 2 of 2 Revision: Seventeen <~2000 TXU Electric Company Contents 2 2.0 Cities and Counties Served Applicable: Entire System Effective Date: January 25, 2000 Tariff for Electric Service TXU Electric Company Sheet: 1 Page 1 of 2 Revision: Four 2.1 Cities Abbott Ackeriy Addison Aledo Allen Alma Alvarado Alvord Andrews Angus Anna Annetta Annetta North Annetta 8outh Annona Appleby Archer City Argyle Arlington Athens Aurora Austin Azle Balch Springs Bangs Bardwell Barn/ Bartlett Bedford Bellevue Bellmead Bells Belton Benbrook Beverly Hills Big Spring Blanket Blooming Grove Blue Mound Bonham Boyd Breckenridge Bridgeport Brownsboro Brownwood Bruceville-Eddy Buckholts Buffalo Burkbumett Burke Burleson Bynum Caddo Mills Cameron Campbell Caney City Canton Carbon Carrollton Cedar Hill Celina Centerville Chandler Chico Chireno Clarksville Clebume Coahoma · Cockrell Hill Colleyville Collinsville Colorado City Comanche Commerce Como Cool Cooper Coppell Copperas Cove Codnth Corsicana Crandall Crane Crockett Crossroads Crowley Cumby Cushing Dallas Dalworthington Gardens Dawson Dean Decatur DeLeon Denison Denton DeSoto Diboll Dodd City Dorchester Dublin Duncanville Eady Eastiand Ector Edgecliff Village I T Edgewood Edom Electra Elgin Elkhart Emhouse Enchanted Oaks Ennis Euless Eureka Eustace Everman Fairview (Collin Co.) Farmers Branch Fate Fen'is Florence Flower Mound Forest Hill Fomey Forsan Fort Worth Fdsco Frost Gainesville Gadand Garrett Georgetown Gholson Glenn Heights Godley Golinda Goodlow Gorman Graford Graham Grand Praide Grandfalls Grandview Granger Grapeland Grapevine Gun Bah'ell City Gunter Haltom City Harker Heights Hasler Heath Hebron Hendeffa Hewitt Hickory Creek Highland Park Hillsboro Holland Holliday Honey Grove Howe Hubbard Hudson Hudson Oaks Huntington Hurst Hutchins Hutto Iowa Park Irving Italy Itasca Jacksboro Jewett ©2000 TXU Electric Company Cities and Counties Served 3 2.0 Cities and Counties Served Applicable: Entire System Effective Date: January 25, 2000 Jolly Josephine Joshua Justin Kaufman Keene Keller Kemp Kennedale Kerens Killeen Knollwood Krum Lacy-Lakeview Ladonia Lake Bddgeport Lake Dallas Lake Worth I T Lakeside Lakeside City Lamesa Lancaster Latexo Lavon Leona Leroy Lindale Lindsay Lipan Little River Academy Loraine Lorena Lovelady Lowry Crossing Lucas Lufkin Mabank Malakoff Malone Mansfield Marquez Marshall Creek Maypearl McGregor McKinney McLendon-Chisholm Melissa Mertens Mesquite Midland Midlothian Milano Mildred Milford Millsap Mineral Wells Mobile City Monahans Moody Morgan's Point Resort Mount Calm Muenster · Murchison Murphy Mustang Total Number of Cities 370 Tariff for Electric Service TXU Electric Company Nacogdoches Navarro Nevada New Chapel Hill New Fairview I T Newark Neylandville Nolanville Noonday North Richland Hills I T Northlake O'Donnell · Oak Grove I T Oak Leaf Oak Point Oak Valley I T Oakwood Odessa Oglesby Ovilla Palestine Palmer Pantago Paradise Paris Parker Payne Springs Pecan Gap Pecan Hill Penelope Pflugerville Piano Pleasant Valley Ponder Post Oak Bend Pottsboro Powell Poynor Princeton Prosper Pyote Quinlan Ranger Ravenna Red Oak Reno (Lamar Co.) Reno (Parker Co.) Retreat Rhome Rice Richardson Richland Richland Hills River Oaks Roanoke Robinson Rockdale Rockwall Rogers Roscoe Rosser Round Rock Rowleff Roxton Royse City Sheet: 1 Page 2 of 2 Revision: Four Runaway Bay Sachse Sadler Saginaw Sansom Park { T Savoy Seagoville Shady Shores Sherman Snyder Southlake Southmayd Springtown St. Paul Stanton Stephenviile Streetman Sulphur Springs Sunnyvale Sunset Sweetwatar Taylor Temple Terrell The Colony Thomdale ' Thomtonvi{le Thrall Tire Tool Trinidad Trophy Club Troy Tyler University Park Valley View Van Van Alstyne Venus Waco Watauga Waxahachie Weatherford Weir Wells West Westbrook Westover Hills Westworth Vii{age { T White Settlement } T Whitehouse Wichita Falls Wicker Willow Park Wills Point Wilmer Windom Wink Wolfe City Woodway Wylie Yantis Zavalla ©2000 TXU Electric Company Cities and Counties Served 4 CLEAN COPIES OF REVISED TARIFFS Tariff for Electric Service TXU Electric Company Contents Applicable: Entire System Effective Date: March 1,2000 Sheet: 1 Page I of 2 Revision: Seventeen Contents 1.0 Utility Operations ........................................................... 1 2°0 Cities and Counties Served .......................................... 2 2.1 Cities ....................................................................... 3 2.2 Counties ....................................................................... 5 3.0 Rate Schedules .............................................................. 6 3,1 Residential Service .......................................................... 7 3.1.1 Rate R - Residential Service ................................... 8 3.1.2 Rate RLU - Residential Low Use Service ................. 9 3.1.3 Rate RTU - Residential Time-of-Use Service ......... 10 3.1.4 Rider MER- Residential Maintenance of Effort Service (Experimental Pilot Program) ........................11 3.1,5 Rate RTU1 - Residential Time-of-Use Service.... 11,1 3.1.6 Rider RRD - Residential Rate Reduction ........... 11.3 3.1.7 Rider RRD - Residential Rate Reduction ............ 11.4 3.1.8 Rate RTU1-M-Residential Time-of-Use Service- Municipality ........................................................... 11.5 3.1.9 Rate RRE - Residential Renewable Energy Service (Experimental) .......................................... 11.7 3.2 General Service ............................................................. 12 3.2,1 Rate GS - General Service Secondary .................. 13 3,2.2 Rate GP - General Service Primary ....................... 15 3.2.3 Rate HV - High Voltage Service ............................. 17 3.2.4 Rate OL - Outdoor Lighting Service (CLOSED)..... 19 3.2.5 Rate S - Standby Service ..................................... 21 3.2.6 Rate SSC-T - SSC Temporary Construction and Intedm Power Service .............................................. 23 3.2.7 Rider ES - Enterprise Zone Service ....................... 24 3.2.8 Rider I - Interruptible Service (CLOSED) ............... 25 3.2,9 Rider SI - Standby Interruptible Service ................27 3.2. I0 Rider T - Temporary Service ............................... 28 3.2.11 Rider WS - Warning Siren Service .......................29 3.2.12 Rate GC - General Service Competitive Pdcing (CLOSED) ................................................. 29.1 3.2.13 Rider ED - Economic Development Service (CLOSED) ........................................................ 29.3 3.2.14 Rider ET - Environmental Technology Service (CLOSED) ................................................ 29.5 3.2.15 Rider SE - State Institutions of Higher Education .............................................................. 29.6 3.2.19 Reserved ....................................................... 29,14 3.2,20 Rate GCl - General Service (CLOSED) ......... 29.15 3.2.21 Rate GTU - General Service Time-of-Use ...... 29.17 3.2.22 Rate GTUC - General Service Time-of-Use Voluntary Curtailment .......................................... 29.19 3.2.23 Rider GSRD - General Service Rate Reduction ............................................................ 29.22 3.2.24 Rider GSRD - General Service Rate Reduction ............................................................ 29.23 3.2.25 Rate GTU-M-General Service Time-of-Use- Municipality .......................................................... 29.24 3.2.26 Rate GTUC-M-General Service Time-of-Use Voluntary Curtailable - Municipality ....................... 29.26 3.2.27 Rider GSRE - General Service Renewable Energy (Experimental) ......................................... 29.29 3.3 Municipal Service ........................................................... 30 3.3.1, Rate MP - Municipal Pumping Service (CLOSED) ............................................................... 31 3.3.2 Rate MS - Miscellaneous Municipal Type Service (CLOSED) ................................................................. 33 3.3.3 Rate SL - Street Lighting Service ........................... 35 3.4 Other ................................................................. ~....38 3.4.1 Rate EE - Economy Energy Service ....................... 39 3,4.2 Rider FC - Fuel Cost Factor .................................. 40 3.4.3 Rate LPP - Non-Firm Energy Purchases from Qualifying Facilities ............... .. ................................... 41 3.4.4 Rate M - Miscellaneous Service Charges ............... 43 3.4.5 Rider PCR - Power Cost Recovery ........................ 46 3,4.6 Rate SPP - Small Power Production ...................... 47 3.4.7 Rate TW - Firm Electric Power Transmission Wheeling Service ...................................................... 49 3.4.8 Rate TWC - Transmission Wheeling Service - Qualifying Facilities ................................................... 50 3.4.9 Rate WP - Wholesale Power Service ..................... 51 3.4.10 RateWP1 -Wholesale Power Service .............. 52.1 3.4.11 Rate WPC - Wholesale Power Competitive Pricing ................................................................... 52.2 3.4.12 Rider BRR - Base Rate Refund ....................... 52.4 3.4.13 Rider FCS - Fuel Cost Surcharge ..................... 52.6 3.4.14 1993 Rider TAF - Tax Adjustment Factor Reconciliation ......................................................... 52.8 3.4.15 Rider FCS1 - Fuel Cost Surcharge .................... 52.9 3.4.16 Rider FCR - Fuel Cost Refund ........................ 52.11 3.4.17 Rider RD - Rate Reduction .............................52.12 3.4.18 Rider RD- Rate Reduction ............................. 52.13 3.4.19 Retail Electric Service Switchovers ................. 52.14 3.4.20 Reserved ........................................................ 52.15 3.4.21 RateAUI - Accessible Utility Information ........ 52.16 3.4.22 Reserved ........................................................ 52.17 3.4.23 Rate GLO - General Land Office ..................... 52.20 4.0 Service Regulations ..................................................... 53 4.1 Contents - Service Regulations ...................................... 54 4.2 Foreword ...................................................................... 56 4,3 Definitions ...................................................................... 57 4,4 Electric Service .............................................................. 59 4.4,1 Availability of Electric Service ............................... 59 4.4.2 Method of Providing Electric Service ...................... 60 4.4.3 Overhead Electric Service ..................................... 60 4.4,4 Underground Electric Service ................................ 60 4.4.5 Meter ..................................................................... 61 4,5 Providing Electric Service .............................................. 63 4.5.1 Providing Electric Service ..................................... 63 4.5.2 Continuity and Quality of Electric Service ............... 63 4.5.3 Liability and Responsibility for Damage or Injury and Disclaimer of Warranties ............................ 63 4.5.4 Customer Complaints ............................................ 64 4.5,5 Location of Point of Delivery .................................. 64 4.5,6 Space Requirements ............................................. 64 4.5.7 Customer's Electrical Installation ...........................64 4.5,8 Inspection and Approval of Customer's Electrical Installation ................................................................. 65 4.5.9 Standard Electric Service ...................................... 65 4.5.10 Nonstandard Electric Service ............................... 65 4.5.11 Extension of Electric Service ...............................65 4.5,12 Special Contract Provisions ................................ 66 4.5.13 Charges for Providing Temporary Electric 4.5.14 Installation and Maintenance of Company Facilities .................................................................... 66 4.5.15 Protection of Company's Facilities On Customer's Premises ................................................ 67 4.5.16 Admittance to Customer's Premises .................... 67 ©2000 TXU Electric Company Contents I Tariff for Electric Service TXU Electric Company Contents Applicable: Entire System Effective Date: March 1,2000 4.5.17 Removal and Relocation of Company's Facilities ..................... ~ ............................................. 67 4.5.18 Dismantling of Company's Facilities .................... 67 4.5.19 Attachments to Company's Facilities ................... 67 4.6 Obtaining Electric Service ............................................. 68 4.6.1 Application for Electric Service .............................. 68 4.6.2 Agreement for Electric Service ..............................68 4.6.3 Security for Payment of Electdc Service Bills ........ 69 4.7 Use of Electric Service .................................................. 71 4.7.1 Limitations On Use of Electdc Service ................... 71 4.7.2 Customer's Electrical Load ................................... 71 4.7.3 Tampering With Company's Meters, Equipment or Other Property ...................................................... 72 4.7.4 Unauthorized Use of Electric Service ..................... 72 4.8 Charges For Electric Service ..................................... ;... 73 4.8.1 Rate Schedules For Electric Service ..................... 73 4.8.2 Billing .................................................................... 73 4.8.3 Metering Electric Service ...................................... 74 4.8.4 improper Metering of Customer's Installation in Multi-Family Dwellings .......................................... 75 4.8.5 Transfer of Electrical Load Between Points of Delivery By Pdmary or Transmission Voltage Customers ................................................................ 75 4.9 Discontinuance of Electric Service ................................ 76 4.9.1 Customer Discontinues Electdc Service ................ 76 4.9.2 Company Discontinues Electric Service ................ 76 4.10 tnterconnection with Small Power Production Facilities ................................................................ 78 4.10.1 General ............................................................... 78 4.10.2 Definitions ........................................................... 78 4.10.3 Interconnection Requirements ............................. 78 4.10.4 Electrical Design Requirements ........................... 79 4.10.5 Approval and Inspection ..................................... 79 4.10.6 Metering ............................................................. 79 4.10.7 Operating and Maintenance Requirements .......... 79 4.10.8 Liability ............................................................... 80 4.11 Forms ..................................................................... 81 4.11.1 Agreement for Electric Service ............................ 81 4.11.2 Application for Electdc Service - Residential ........ 82 4.11.3 Applicacion Para Servicio Electdco ..................... 83 4.11.4 Application for Electric Service -Nonresidential....84 4.11.5 Agreement for Extension, Relocation, or Removal of Company Facilities ................................ 85 4.11.6 Deferred Payment Agreement ............................. 86 4.11.70ffService Deferred Payment Agreement ........... 87 4.11.8 Easement and Right of Way (Form 50.3000) ....... 88 4.11.9 Easement and Right of Way (Form 50.3100) ....... 89 4.11.10 Easement and Right of Way (Form 50.3200)..... 90 4.11.11 Easement and Right of Way (Form 50.3300)..... 91 4.11.12 Easement and Right of Way (Form 50.3400) ..... 92 4.11.13 Easement and Right of Way (Form 50.3500)_...93 4,11.14 Easement and Right of Way (Form 50.3600)..... 94 4.11.15 Certificate of Acknowledgment for Individuals....95 4.11.16 Certificate of Acknowledgment for Corporations, Associations, Churches, School Districts, Etc ........... 96 4.11.17 Grant of Easement (Veteran's Land Board) ........ 97 4.12 Rate Administration ..................................................... 99 4.12.1 Interest Rate for Customer Deposits, Overcharges, and Undercharges99 4.12,2 Cities in Which Rider ED, Rider ET, Rate WPC, and/or Rate GO are Applicable ............................... 100 4.12.3 Cities in Which Rate GTU-M, RTU1-M and/or GTUC-M are Applicable ..........................................103 Sheet: 1 Page 2 of 2 Revision: Seventeen e2000 TXU Electric Company Contents 2 2.0 Cities and Counties Served Applicable: Entire System Effective Date: January 25, 2000 Tariff for Electric Service TXU Electric Company Sheet: 1 Page 1 of 2 Revision: Four 2.1 Cities Abbott Ackerly Addison Aledo Allen Alma AIvarado Aivord Andrews Angus Anna Annetta Annetta North Annetta South Annona Appleby Archer City Argyle Arlington Athens Aurora Austin Azle Batch Springs Bangs Bardwell Barry Bartlett Bedford Bellevue Bellmead Bells Belton Benbrook Beverly Hills Big Spring Blanket Blooming Grove Blue Mound Bonham Boyd Breckenridge Bridgeport Brewnsboro Brownwood Bruceville-Eddy Buckholts Buffalo Burkburnett Burke Burleson Bynum Caddo Mills Cameron Campbell Caney City Canton Carbon Carrollton Cedar Hill Celina Centerville Chandler Chico Chireno Clarksville Clebume Coahoma Cockrell Hill Colleyville Collinsville Colorado City Comanche Commerce Como Cool Cooper Coppell Copperas Cove · Corinth Corsicana Crandall Crane Crockett Crossroads Crowley Cumby Cushing Dallas Dalworthington Gardens Dawson Dean Decatur DeLeon Denison Denton DeSoto Diboll Dodd City Dorchester Dublin Duncanville Eady Eastland Ecter Edgecliff Village Edgewood Edom Electra Elgin Elkhart Emhouse Enchanted Oaks Ennis Euless Eureka Eustace Everman Fairview (Collin Co.) Farmers Branch Fate Ferds Florence Flower Mound Forest Hill Fomey Forsan Fort Worth Fdsco Frost Gainesvilie Garland Garrett Georgetown Gholson Glenn Heights Godley Golinda Goodlow Gorman Graford Graham Grand Prairie Grandfalls Grandview Granger Grepeland Grapevine Gun BarreJl City Gunter Haltom City Harker Heights Haslet Heath Hebron Henrietta Hewitt Hickory Creek Highland Park Hillsboro Holland Holliday Honey Grove Howe Hubbard Hudson Hudson Oaks Huntington Hurst Hutchins Hutto Iowa Park Irving Italy Itasca Jacksboro Jewett ©2000 TXU Electdc Company Cities and Counties Served 3 Tariff for Electric Service TXU Electric Company 2.0 Cities and Counties Served Applicable: Entire System Effective Date: January 25, 2000 Sheet: 1 Page 2 of 2 Revision: Four Jolly Josephine Joshua Justin Kaufman Keene Keller Kemp Kennedale Kerens Killeen Knollwood Krum Lacy-Lakeview Ladonia Lake Bridgeport Lake Dallas Lake Worth Lakeside Lakeside City Lamesa Lancaster Latexo Lavon Leona Leroy Lindale Lindsay Lipan Little River Academy Loraine Lorena Lovelady Lowry Crossing Lucas Lufkin Mabank Malakoff Malone Mansfield Uarquez Marshall Creek Maypearl McGregor McKinney McLendon-Chisholm Melissa Mertens Mesquite Midland Midlothian Milano MiJdred Milford Millsap Mineral Wells Mobile City Monahans Moody Morgan's Point Resort Mount Calm Uuenster Murchison Murphy Mustang Nacogdoches Navarro Nevada New Chapel Hill New Fairview Newark Neylandville Nolanville Noonday North Richland Hills Northlake O'Donnell Oak Grove Oak Leaf Oak Point Oak Valley Oakwood Odessa Oglesby Ovilla Palestine Palmer Pantego Paradise Paris Parker Payne Springs Pecan Gap Pecan Hill Penelope Pflugervitle Piano Pleasant Valley Ponder Post Oak Bend Pottsboro Powell Poynor Princeton Prosper Pyote Quinlan Ranger Ravenna Red Oak Reno (Lamar Co.) Reno (Parker Co.) Retreat Rhome Rice Richardson Richland Richland Hilts River Oaks Roanoke Robinson Rockdale Rockwall Rogers Roscoe Rosser Round Rock Rowlett Roxton Royse City Runaway Bay Sachse Sadler Saginaw Sansom Park Savoy Seagoville Shady Shores Sherman Snyder Southlake Southmayd Springtown St. Paul Stanton Stephenville Streetman Sulphur Springs Sunnyvale Sunset Sweetwater Taylor Temple Terrell The Colony Thomdale Thorntonville Thrall Tira Tool Trinidad Trophy Club Trey Tyler University Park Valley View Van Van Alstyne Venus Waco Watauga Waxahachie Weatherford Weir Wells West Westbrook Westover Hills Westworth Village White Settlement Whitehouse Wichita Falls Wickett Willow Park Wills Point Wilmer Windom Wink Wolfe City Woodway Wylie Yantis Zavalla Total Number of Cities 370 ©2000 TXU Electric Company Cities and Counties Served 4 3.1 Residential Service Applicable: Entire System Effective Date: March 1,2000 Tariff for Electric Service TXU Electric Company Sheet: 1 Page 1 of 1 Revision: Three 3.1.1 Rate R - Residential Service Application Applicable to all customers for all of the electric service supplied at one point of delivery and measured through one meter used for residential purposes (which may include small amounts of commercial usage incidental to residential usage) in an individual private dwelling or in an individually metered apartment for which no specific rate is provided. Not applicable to temporary, shared or resale service. Type of Service Single or three phase, 60 hertz, at standard voltages as described in the Company's Tariff for Electric Service. Where service of the type desired by Customer is not already available at the point of delivery, additional, charges and special contract arrangements between the Company and Customer may be required prior to service being furnished. Monthly Rate Charge Amount Customer $6.00 Energy On-Peak Months All kWh 6.26 ¢ per kWh Off-Peak Months First 600 kWh 5.89 ¢ per kWh All additional kwh 4.12 ¢ per kWh Minimum $6.00 Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Definitions On-peak months are the billing months of June through October. Off-peak months are the billing months of November through May. Agreement An Agreement for Electdc Service is required when special contract arrangements are involved. The term of the agreement shall not be less than one year if signed prior to January 1,2001 and shall not extend beyond midnight December 31, 2001 local Dallas, Texas time if signed on or after March 1,2000. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tadff for Electric Service. e2000 TXU Electric Company Rate Schedules 8 Tariff for Electric Service TXU Electric Company 3.1 Residential Service Applicable: Entire System Effective Date: March 1,2000 Sheet: 2 Page I of 1 Revision: Three 3.1.2 Rate RLU - Residential Low Use Service Application Prior to midnight December 31, 2000 local Dallas, Texas time, applicable to any Customer for all the electric service supplied at one point of delivery and measured through one meter used for residential purposes in an individual pdvate dwelling or in an individually metered apartment. Thereafter, applicable only to existing points of delivery receiving service under Rate RLU at midnight December 31, 2000 local Dallas, Texas time. Not applicable to temporary, shared, or resale service. Type of Service Single, phase, 60 hertz, at 120 volts or 120/240 volts. A load limiting device will be installed between Company's meter socket and meter which will not allow current flow in excess of 15 amps at 120 volts or 10 amps at 120/240 volts. Monthly Rate Charge Amount Energy Charge On-Peak Months All kVVh 6.26 ¢ per kWh Off-Peak Months All kVVh 5.89 ¢ per kWh Minimum $1.00 Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Definitions On-Peak Months are the billing months of June through October. Off-Peak Months are the billing months of November through May. Agreement The term of service is for one year. If Customer terminates service on this rate, such Customer is ineligible for service under this rate for a period of one year from termination date. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tadff for Electric Service. Rate Schedules 9 ©2000 TXU Electric Company Tariff for Electric Service TXU Electric Company 3.1 Residential Service Applicable: Entire System Effective Date: March 1, 2000 Sheet:3 Page 1 of 1 Revision: Three 3.1.3 Rate RTU - Residential Time-of-Use Service Application Prior to midnight December 31, 2000 local Dallas, Texas time, applicable to any Customer for all of the electric service supplied at one point of delivery and measured through one meter used for residential purposes in an individual private dwelling or in an individually metered apartment. Thereafter, applicable only to existing points of delivery receiving service under Rate RTU at midnight December 31, 2000 tocal Dallas, Texas time. Not applicable to temporary, shared, or resale service. Type of Service Single, phase, 60 herlz, at 120/240 volts. Where service of the type desired by Customers is not already available at the point of delivery, additional charges and speciat contract arrangements between the Company and Customer may be required prior to its being furnished. Monthly Rate Charge Amount Customer $9.00 Energy Charge On-Peak Hours 15.48 ~ per kWh Off-Peak Hours 4.12 ¢ per kWh Minimum $9.00 Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Definitions On-peak hours are the 8 hours between 12 noon and 8 pm each weekday (Monday-Friday) except July 4 and Labor Day during the calendar months of June through September. All remaining hours are off-peak. Agreement The term of service is for one year. If Customer terminates service on this rate, said Customer is ineligible for service under this rate for a period of one year from termination date. If Customer terminates service before the end of the initial one year term of service, the final bill will include an adjustment for the amount by which billing on Residential Service Rate R exceeds the billing rendered on this rate. If service is terminated due to the Company's withdrawing this rate, the above adjustment to the final bill does not apply. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service. e2000 TXU Electric Company Rate Schedules 10 Tariff for Electric Service TXU Electric Company 3.1 Residential Service Applicable: Areas Subject to PUC OHginal Jurisdiction Effective Date: March 1, 2000 3.1.5 Rate RTU1 - Residential Time-of-Use Service Sheet: 5 Page 1 of 2 Revision: First Application Prior to midnight December 31,2000 local Dallas, Texas time, applicable to all customers for all of the electric service supplied at one point of delivery and measured through one meter used for residential purposes (which may include small amounts of commercial usage incidental to residential usage) in an individual private dwelling or in an individually metered apartment for which no specific rate is provided. Thereafter~ applicable only to existing points of delivery receiving service under Rate RTU at midnight December 31, 2000 local Dallas, Texas time. A time-of-day demand meter is required pdor to service being provided under this rate. Not applicable to temporary, shared, or resale service. Type of Service Single or three phase, 60 hertz, at standard voltages as described in the Company's Tadff for Electdc Service. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract an'angements between the Company and Customer may be required prior to service being furnished. Monthly Rate Charge Amount Customer $9.00 Facilities Charge Higher of the Contract kW or Annual kW $1,92 per kW Each current month kW in excess of the Contract $1.00 per kW kW Energy Pdcing Period 4 13.42 ¢ per kWh Pricing Pedod 3 6.18 ¢ per kWh Pdcing Period 2 3.50 ¢ per kWh Pdcing Period 1 1.09 ¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the Residential Service factor. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the Residential Service factor. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Definitions Contract kW is the maximum kW specified in the Agreement for Electric Service. Annual kW is the highest 15-minute kW recorded at the point of delivery during the 12-month period ended with the current month. Current month kW is the highest 15-minute kW recorded at the point of delivery during the current month. e2000 TXU Electric Company Rate Schedules 11.1 Tariff for Electric Service TXU Electric Company 3.1 Residential Service Applicable: Areas Subject to PUC Original Jurisdiction Effective Date: March 1,2000 Sheet: 5 Page 2 of 2 Revision: First Pricing Period is the billing pedod determined in accordance with the following and the specified hours are local Dallas, Texas, time: Pricing Period 4 Pricing Period 3 Pricing Period 2 Month Pricing Period 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December - March N/A N/A N/A N/A 6am-12noon N/A All Other Hours 6pm-10pm April & October - N/A N/A N/A N/A N/A N/A All Hours November May & September N/A N/A 2pm-8pm N/A 10am-2pm 2pm-10pm Ali Other Hours 8pm-10pm June - August 2pm-8pm N/A 10am-2pm 2pm-10pm 8am-10am 10am-2pm All Other Hours 8pm-10pm 10pm-12 10pm-12 midnight midnight Agreement An Agreement for Electdc Service with a term of not less than one year is required. The term of all Agreements for Electdc Service signed on or after March 1, 2000, shall not extend beyond midnight December 31, 2001 local Dallas, Texas time. If Customer terminates service on this rate, said Customer is ineligible for service under this rate for a period of one year from termination date. If Customer terminates service before the end of the initial one year term of service, the final bill will include an adjustment for the amount by which billing on Residential Service Rate R exceeds the billing rendered on this rate. If service is terminated due to the Company's withdrawing this rate, the above adjustment to the final bill does not apply. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tariff for Electric Service. e2000 TXU Electric Company Rate Schedules 11.2 Tariff for Electric Service TXU Electric Company 3.1 Residential Service Applicable: As Listed in Section 4,12.3 Effective Date: March 1, 2000 3.1.8 Rate RTU1-M - Residential Time-of-Use Service - Municipality Sheet: 5 Page 1 of 2 Revision: First Application Prior to midnight December 31,2000 local Dallas, Texas time, applicable to all customers for all of the electric service supplied at one point of delivery and measured through one meter used for residential purposes (which may include small amounts of commemial usage incidental to residential usage) in an individual private dwelling or in an individually metered apartment for which no specific rate is provided. Thereafter, applicable only to existing points of delivery receiving service under Rate RTU at midnight December 31, 2000 local Dallas, Texas time. A time-of-day demand meter is required pdor to service being provided under this rate. Not applicable to temporary, shared, or resale service. Type of Service Single or three phase, 60 hertz, at standard voltages as described in the Company's Tariff for Etectdc Service. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required prior to service being furnished. Monthly Rate Charge Amount Customer $9.00 Facilities Charge Higher of the Contract kW or Annual kW $1.92 per kW Each current month kW in excess of the Contract $1.00 per kW kW Energy Pricing Period 4 13,42 ¢ per kWh Pdcing Period 3 6.18 ¢ per kWh Pdcing Period 2 3.50 ¢ per kWh Pricing Period 1 1.09 ¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the Residential Service factor. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the Residential Service factor. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Definitions Contract kW is the maximum kW specified in the Agreement for Electric Service. Annual kW is the highest 15-minute kW recorded at the point of delivery during the 12-month period ended with the current month. Current month kW is the highest 15-minute kW recorded at the point of delivery during the current month. ~2000 TXU Electric Company Rate Schedules '1 '1.5 Tariff for Electric Service TXU Electric Company 3.1 Residential Service Applicable: As Listed in Section 4.12.3 Effective Date: March 1, 2000 Sheet: 5 Page 2 of 2 Revision: First Pricing Period is the billing period determined in accordance with the following and the specified hours are local Dallas, Texas, time: Pdcing Pedod 4 Pdcing Pedod 3 Pdcing Pedod 2 Month Pdcing Pedod 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December - March N/A N/A N/A N/A 6am- N/A All Other Hours . 12noon 6pm-10pm Apdl & October - N/A N/A N/A N/A N/A N/A All Hours November May & September N/A N/A 2pm-Spin N/A 10am-2pm 2pm-10pm All Other Hours 8pm-10pm June - August 2pm-8pm N/A 10am-2pm 2pm-10pm 8am-10am 10am-2pm All Other Hours 8pm-10pm 10pm-12 10pm-12 midnight midnight Agreement An Agreement for Electric Service with a term of not less than one year is required. The term of all Agreements for Electdc Service signed on or after March 1, 2000, shall not extend beyond midnight December 31, 2001 local Dallas, Texas time. If Customer terminates service on this rate, said Customer is ineligible for service under this rate for a period of one year from termination date. If Customer terminates service before the end of the initial one year term of service, the final bill will include an adjustment for the amount by which billing on Residential Service Rate R exceeds the billing rendered on this rate. If service is terminated due to the Company's withdrawing this rate, the above adjustment to the final bill does not apply. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tariff for Electric Service. e2000 TXU Electdc Company Rate Schedules ~'1 Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Sheet: 1 Page 1 of 2 Revision: Four 3.2.1 Rate GS -General Service Secondary Application Applicable to any Customer for all of the electdc service supplied at one point of delivery and measured through one meter at secondary voltage. Each point of delivery is metered and billed separately and a demand meter is required when the expected maximum kW is 10 kW or higher. Applicable to temporary, construction power, or warning siren service in conjunction with the appropriate dder. Not applicable to resale service, shared service, or where delivery voltage is other than secondary voltage. Type of Service Single or three phase, 60 hertz, at any one of the Company's available standard secondary service voltages as required by Customer. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required prior to its being furnished, Monthly Rate Charge Customer $14.00 Demand Demand in excess of 10 kW $8.4476 per kW Each current month kW in excess of the contract kW · $1.00 per kW Energy Customer without Metered First 2500 kWh 6.21 ¢ per kWh Demand All additional kWh 3.20 ¢ per kWh Customer with Metered First 2500 kWh 6.21 ¢ per kWh Demand Next 3500 kWh* 3.20 ¢ per kWh All additional kWh 0.72 ¢ per kWh · Add 170 kWh per kW of demand in excess of 10 kW Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Demand Determination Demand for calculation of the monthly bill is determined in accordance with the following provisions: a) Demand is the smaller of: 1) current month kW; 2) on-peak kW plus 25% of the current month kW in excess of the on-peak kW. This provision applies only if Customer has a stable, recurring, annual pattem of use, and at least one full month of actual on-peak history, or an estimate thereof, which is representative of such annual pattern of use. b) But is not less than the highest of: 1) 80% of on-peak kW; 2) 50% of contract kW; 3) 50% of annual kW. Rate Schedules 13 e2000 TXU Electric Company Tariff for Electric Service' TXU Electric ComPany 3.2 General Service Applicable: Entire System Effective Date: March 1,2000 Sheet: 1 Page 2 of 2 Revision: Four Definitions Current month kW is the highest 15-minute kW recorded at the point of delivery ciudng the current month. On-peak kW is the highest 15-minute kW recorded dudng the billing months of June through September in the 12-month peded ended with the current month. For a customer contracting for new service, on-peak kW is the current month kW until Customer establishes such demand through on-peak use, unless, in Company's sole judgement, sufficient data exists for Company to estimate on-peak kW until Customer establishes on-peak history through actual use. Premise history may be used to estimate on-peak kW. Contract kW is the maximum kW specified in the Agreement for Electdc Service. Annual kW is the highest 15-minute kW recorded at the point of delivery in the 12-month pedod ended with the current month. Time-of-Day Option At Customer's option and after completion of necessary contract arrangements and installation of necessary metering equipment, the on-peak kW used in determining billing demand is based upon the highest 15-minute kW recorded dudng the Company's on-peak hours in the 12-month period ended with the current month. On-peak hours are the eight-hours between 12 noon and 8 pm each weekday (Monday-Friday), excluding July 4 and Labor Day, dudng the calendar months of June through September. An additional monthly charge of $10.00 is made when Customer selects time-of-day option. On-peak kW must be established by actual use dudng Company's on-peak hours before billing under time-of-day option becomes effective. Service hereunder may be commenced only on the first regularly scheduled meter reading date after June 1, July 1, or August 1 containing at least 5 on-peak days. Company reserves the right to discontinue this option to additional customers if, in the Company's judgment, system load characteristics no longer warrant such option. Special Conditions Where Customer has another source of power which is connected, either electrically or mechanically, to equipment which may be concurrently operated by service provided by Company, Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service. Agreement An Agreement for Electric Service is required for customers having or expected to have maximum electrical loads of 500 kw or more, when special contract arrangements are involved, and may be required for loads under 500 kW. The term of the agreement shall not be less than one year if signed prior to January 1, 2001 and shall not extend beyond midnight December 31, 2001 local Dallas, Texas time if signed on or after March 1, 2000. When Customer has a source of power available, not held solely for emergency use, for which the Company's service may be substituted, either directly or indirectly, or used as a standby, supplementary, or maintenance power supply, an Agreement for Electric Service is required and the maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load which may be carried all or part of the time by Customer's generator or prime mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service. Rate 5che(Jules 14 ©2000 TXU Electdc Company 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet: 2 Page 1 of 2 Revision: Two 3.2.2 Rate GP -General Service Primary Application Applicable to any Customer for all of the electdc service supplied at one point of delivery and measured through one meter at pdmary voltage. Each point of delivery is metered and billed separately and a demand meter is required when the expected maximum kW is 10 kW or higher. Applicable to temporary or construction power in conjunction with the appropriate dder. Not applicable to resale service, shared service, network service provided in downtown areas, or where delivery voltage is other than primary voltage. Type of Service Single or three phase, 60 hertz, at any one of the Company's standard primary service voltages as is available at Customer's location and as required by Customer. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required prior to its being furnished. Company, may at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tadff for Electdc Service. Monthly Rate Charge Amount Custom er $15.00 Demand Demand in excess of 10 kW $7.63 per kW Each current month kW in excess of the contract kW $1.00 per kW Energy Customer without Metered First 2500 kWh 6.21 ¢ per kwh Demand All additional kWh 3.20 ¢ per kWh Customer with Metered First 2500 kwh 6.21 ¢ per kwh Demand Next 3500 kWh* 3.20 ¢ per kwh All additional kWh 0.59 ¢ per kWh *Add 215 kwh per kW of demand in excess of 10 kW Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Demand Determination Demand for calculation of the monthly bill is determined in accordance with the following provisions: a) Demand is the smaller of: 1) current month kW; 2) on-peak kW plus 25% of the current month kW in excess of the on-peak kW. This prows~on applies only if Customer has a stable, recurring, annual pattern of use, and at least one full month of actual on-peak history, or an estimate thereof, which is representative of such annual pattern of use. b) But is not less than the highest of: 1) 80% of on-peak kW; 2) 50% of contract kW; 3) 50% of annual kW. 2000 TXU Electric Company Rate $6hedules 15 Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Entire System Effective Date: March 1,2000 Sheet: 2 Page 2 of 2 Revision: Two Definitions Current month kW is the highest 15-minute kW recorded at the point of delivery during the current month. On-peak kW is the highest 15-minute kW recorded dudng the billing months of June through September in the 12-month pedod ended with the current month. For a customer contracting for new service, on-peak kW is the current month kW until Customer establishes such demand through on-peak use, unless, in Company's sole judgement, sufficient data exists for Company to estimate on-peak kW until Customer establishes on-peak history through actual use. Premise history may be used to estimate on-peak kW, Contract kW is the maximum kW specified in the Agreement for Electric Service. Annual kW is the highest 15-minute kW recorded at the point of delivery in the 12-month pedod ended with the current month. Time-of-Day Option At Customer's option and after completion of necessary contract arrangements and installation of necessary metedng equipment, the on-peak kW used in determining billing demand is based upon the highest 15-minute kW recorded during the Company's on-peak hours in the 12-month period ended with the current month. On-peak hours are the eight hours between 12 noon and 8 pm each weekday (Monday-Friday), excluding July 4 and Labor Day, dudng the calendar months of June through September. An additional monthly charge of $10.00 is made when customer selects time-of-day option. On-peak kW must be established by actual use during Company's on-peak hours before billing under time-of-day option becomes effective. Service hereunder may be commenced only on the first regularly scheduled meter reading date after June 1, July 1, or August 1 containing at least 5 on-peak days. Company reserves the right to discontinue this option to additional customers if, in the Company's judgment, system load characteristics no longer warrant such option. Special Conditions Where Customer has another source of power which is connected, either electrically or mechanically, to equipment which may be concurrently operated by service provided by Company, Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service. Agreement An Agreement for Electric Service is required for Customers having or expected to have maximum electrical loads of 500 kW or more, when special contract arrangements are involved, and may be required for loads under 500 kW. The term of the agreement shall not be less than one year if signed prior to January 1, 2001 and shall not extend beyond midnight December 31, 2001 local Dallas, Texas time if signed on or after March 1, 2000. When Customer has a source of power available, not held solely for emergency use, for which the Company's service may be substituted, either directly or indirectly, or used as a standby, supplementary, or maintenance power supply, an Agreement for Electric Service is required and the maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load which may be carded all or part of the time by Customer's generator or prime mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service. 2000 TXU Electric Company Rate Schedules 10 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet: 3 Page 1 of 2 Revision: Three 3.2.3 Rate HV - High Voltage Service Application Applicable to any Customer contracting for all of the electric service supplied at one point of delivery and measured through one meter at transmission voltage. Applicable to temporary service or construction power in conjunction with the appropriate rider. Not applicable to resale service, shared service, or where delivery voltage is other than transmission voltagel Type of Service Three phase, 60 hertz, at the most available transmission voltage. VVhere service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required prior to its being furnished. Company may, at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tadff for Electric Service. Monthly Rate Charge Amount Customer $415.00 Demand All Demand $12.15 per kW Each current month kW in excess of $1.00 per kW the contract kW Energy All kWh 0.54 ¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with P,ider PCP,. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Demand Determination Demand for calculation of the monthly bill is determined in accordance with the following provisions: a) b) Demand is the smaller of: 1) current month kW; 2) on-peak kW plus 25% of the currant month kW in excess of the on-peak kW. This provision applies only if Customer has a stable, recurring, annual pattern of use, and at least one full month of actual on-peak history, or an estimate thereof, which is representative of such annual pattern of use. But is not less than the highest of: 1) 80% of on-peak kW; 2) 50% of contract kW; 3) 50) of annual kW. e2000 TXU Electric Company Rate Schedules 17 Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Entire System Effective Date: March 1,2000 Sheet: 3 Page 2 of 2 Revision: Three Definitions Current month kW is the highest 15-minute kW recorded at the point of delivery during the current month. On-peak kW is the highest 15-minute kW recorded during the billing months of June through September in the 12-month period ended with the current month. For a Customer contracting for new service, on-peak kW is the current month kW until Customer establishes such demand through on-peak use, unless, in Company's sole judgment, sufficient data exists for Company to estimate on-peak kW until Customer establishes on-peak history through actual use. Premise history may be used to estimate on-peak kW. Contract kW is the maximum kW specified in the Agreement for Electdc Service. Annual kW is the highest 15-minute kW recorded at the point of delivery in the 12-month period ended with the current month. Time-of-Day Option At Customer's option and after completion of necessary contract arrangements and installation of necessary metering equipment, the on-peak kW used in determining billing demand is based upon the highest 15-minute kW recorded during the Company's on-peak hours in the 12-month pedod ended with the current month. On-peak hours are the eight hours between 12 noon and 8 pm each weekday (Monday-Friday}, excluding July 4 and Labor Day, dudng the calendar months of June through September. An additional monthly charge of $10.00 is made when Customer selects time-of-day option. On-peak kW must be established by actual use during Company's on-peak hours before billing under time-of-day option becomes effective. Service hereunder may be commenced only on the first regularly scheduled meter reading date after June 1, July 1, or August 1 containing at least 5 on-peak days. Company reserves the right to discontinue this option to additional customers if, in the Company's judgment, system load characteristics no longer warrant such option. Special Conditions Where Customer has another source of power which is connected, either electrically or mechanically, to equipment which may be concurrently operated by service provided by Company, Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service. Agreement An Agreement for Electric Service is required. The term of all Agreements for Electric Service signed on or after March 1, 2000 shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. When Customer has a source of power available, not held solely for emergency use, for which the Company's service may be substituted, either directly or indirectly, or used as a standby, supplementary, or maintenance power supply, the maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load which may be carried all or part of the time by Customer's generator or prime mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service. ©2000 TXU Electric Company Rate 5~hedule~ 18 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet: 4 Page 1 of 2 Revision: Three 3.2.4 Rate OL - Outdoor Lighting Service (CLOSED) Application Applicable to existing customers receiving service under the version of Rate OL in effect on February 29, 2000, for unmetered lighting service supplied exclusively to one or more outdoor lamps as specified below operating automatically from dusk to dawn. Not applicable to street lighting. Monthly Rate Guard Lights Type Watts kWh Lumens Amount Mercury Vapor 175 70 7,900 $8.50 400 150 21,000 $12.90 Sodium Vapor 100 40 9,500 $8.00 200 80 22,000 $11.20 Flood Lights Type Wa~s KWh Lumens Amount Metal Halide 250 100 25,000 $14.80 400 160 36,000 $17.90 Sodium Vapor 100 40 9,500 $10.80 250 100 27,000 $13.80 400 160 50,000 $17.65 Extra Spans: Plus $3.40 per span of secondary line installed hereunder in excess of one span per light, Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC on amount of kWh shown above. Power Cost: Plus an amount for pumhased power cost calculated in accordance with Rider PCR on amount of kWh shown above. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills for nonresidential service customers are increased by 5% if not paid within 20 days after being rendered. Installation and Maintenance of Facilities Company will install at each lamp location one complete overhead luminaire of an approved design on an existing Company-owned wood pole or on an additional 30 or 35 foot wood pole, as appropriate for the light size, at an agreed upon tocation at a distance not to exceed one span of line from Company's existing secondary distdbufion lines or from any other lamp location served hereunder. Company will maintain all facilities incidental to providing this service, including replacement of burned-out lamps. Company reserves the dght to refuse or discontinue service at locations where excessive maintenance and/or lamp replacements are, in Company's sole judgment, likely to or actually do occur. Additional charges and contract arrangements may be required if a light is installed at Customer's request at a location requiring more than one span of line per light, if a transformer is installed specifically to serve lights hereunder, when poles must be set by hand, and/or if unusual or excessive construction costs are involved. If underground service is desired, Customer pays the difference in cost, if any, between overhead and underground service, e2000 TXU Electric Company Rate Schedules 19 Tariff for Electric Service TXU Electric Company 3.2 General Service Sheet: 4 Applicable: Entire System Page 2 of 2 Effective Date: March 1,2000 Revision: Three Removal of Existing Facilities Company will replace existing Company-owned luminaires with any of the lighting options above or remove the existing luminaire upon request of and payment by Customer of $73.00 for each luminaire to cover the labor cost of removal and Company's average unamortized investment in the existing luminaires. This charge is applicable to all replacements whether or not an agreement for electdc service is in force, outdoor lighting service is active or inactive, or a customer change has taken or Es taking place. Agreement An Agreement for Electric Service with a term of not less than one year may be required for new installations. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tadff for Electdc Service. 92000 TXU Electric Company Rate Schedules 20 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff fOr Electric Service TXU Electric Company Sheet: 7 Page 1 of 1 Revision: First 3.2.7 Rider ES - Enterprise Zone Service Application Applicable in conjunction with General Service Secondary Rate GS, General Service Pdmary Rate GP, and High Voltage Service Rate HV for electdc service supplied at one point of delivery and measured through one meter to customers certified as a qualified business meeting the conditions of service specified herein. Not applicable in conjunction with any other riders associated with aforesaid rate schedules unless spec fical!y provided for under such dders. The provisions of General Service Rates GSj GP, and HV are modified only as shown herein. Monthly Rate The total bill calculated according to the applicable rate schedule GS, GP or HV shall be reduced by five percent. Conditions of Service a) Customer's point of delivery must be located in an area designated as an Enterprise Zone (as defined in the Texas Enterprise Zone Act, Article 5190.7, Vemon's Texas Civil Statutes) by the Texas Department of Commerce, Customer must provide written proof of such designation. b) The customer must be certified as a "Qualified Business" (as defined in the Texas Enterprise Zone Act) by the Texas Department of Commerce. Customer must provide written proof of such certification. c) Customers requesting service under this rider must demonstrate, on an annual basis, ihat both the Enterprise Zone designation and the Customer's certification as a Qualified Business remain valid. Customer shall immediately nofi~ the Company in writing of any change in such designation or certification. d) If it is determined at any time by Company that the Customer has not acted in compliance with the provision of this rider, then the Customer will be billed for eleotric service under the provisions of General Service Secondary Rate GS, General Service Primary Rate GP, or High Voltage Service Rate HV, as appropriate, for the period since service was first commenced under this rider, or for the two-year period prior to such determination, whichever period is less. The difference between the actual bills rendered and the amount so calculated shall be adjusted each month to cover the Company's annual cost of capital, compounded monthly from such month to date, as determined in the Company's most recent rate case by the Public Utility Commission of Texas. Such adjusted difference shall immediately become due by Customer to Company. e) An Agreement for Electric Service is required before service is provided under this rider. The term of all Agreements for Electric Service signed on or after March 1, 2000 shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. Rate Schedules 24 ©2000 TXU Electric Company 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service' TXU Electric Company Sheet: 8 Page 1 of 2 Revision: Four 3.2.8 Rider I - Interruptible Service (CLOSED) Application Applicable to existing points of delivePJ receiving service under the version of Rider I in effect on February 29, 2000, in conjunction with General Service Secondary Rate GS, General Service Pdmary Rate GP, or High Voltage Service Rate HV to separately metered and controlled interruptible load at one point of delivery and measured through one meter. The availability of this rate is limited in that total system interruptible load served hereunder may not exceed an amount determined solely by Company based on its operating rules and standards. Instantaneous interruptible service provided hereunder is closed to new points of delivery and to new installations at existing points of delivery, including conversions of existing firm service loads. Not applicable in conjunction with any other rate schedule or rider unless specifically provided for in such rate schedules or riders, or specifically provided for in this rate schedule. The terms of the applicable rate schedule are modified only as shown herein. Monthly Rate Charge Amount Secondary Primary Transmission Customer (per point of delivery) $115.00 $1 '15.00 $415.00 Demand Instantaneous Interruptible $3.24 per kW $3.31 per kW $3.04 per kW Noticed Interruptible $6.48 per kW $6.48 per kW $6.08 per kW Energy 0.72 ¢ per kWh 0.59 ¢ per kWh 0.54 ¢ per kWh Demand Determination Demand for calculation of the monthly bill is the largest of: a) Current month kW; b) 80% of the contract kW; c) 80% of the annual kW; Buythrough Option - Noticed Interruptible (Experimental) This buythrough option is applicable only to noticed interruptible service. At Customer's option and after completion of necessary contract arrangements and installation of necessary metering equipment, noticed interruptible customer may elect to continue receiving electric service dudng periods designated by Company as economic interruptions. Dudng such pedods, Customer may, at Customer's option, pay the Company the incremental cost of providing service, in lieu of being interrupted, An additional monthly charge of $200.00 is made when Customer selects buythraugh option. Customers electing the buythrough option will receive a 15 minute notice of an economic interruption, the buythrough price, and an estimate of the duration of the economic interruption. Customer must respond within five minutes after being notified of an economic interruption. If Customer elects to buythrough, Customer shall be billed the buythrough pdce for each kWh used during the economic interruption period in addition to the monthly rate stated above, in lieu of being interrupted. If no response is received by Customer at the end of five minutes, Customer will either be interrupted or treated as if Customer elected to buythrough, as specified in the · associated Agreement for Electric Service. Pedods designated as economic interruptions shall be credited to the interruption time limits whether or not customer is actually interrupted, Definitions Instantaneous interruptible service is interruptible load that can be interrupted without notice by means of underfrequency relays. Noticed interruptible service is interruptible load that can be interrupted with 15 minutes notice. Economic interruption is an interruption that occurs when the incremental cost to provide service to noticed interruptible customers, as e2000 TXU Electric Company Rate Schedules 25 Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Entire System Effective Date: Mamh 1, 2000 determined solely by Company, is higher than the incremental revenue received for providing such service. Sheet: 8 Page 2 of 2 Revision: Four Conditions of Service Customer is required to install, own, operate, and maintain necessary monitoring devices and interrupt-control equipment, including protective devices, on Customer's side of the point of delivery, as specified by Company. In addition, Company shall install interrupt- control equipment on Company's side of point of delivery as determined necessary by the Company to interrupt the interruptible !oad. All interrupt-control equipment shall be under the exclusive control of the Company, and the installation and maintenance of such facilities shall be at the expense of the Customer. interrupt-control equipment consists of, but is not limited to, switch gear, high-set underfrequency relays, remote control and communications equipment, timers, tdp counters, and/or other devices as specified by Company. Remote control and communications equipment includes equipment necessary to provide load information to Company designated system operating centers. Company reserves the right, but has no duty, to inspect and test all interrupt-control equipment on Customer's side of the point of delivery, and may review Customer's maintenance records at any reasonable time. a) The Company shall install the necessary switch gear, underfrequency relays, manual controls, remote controls, monitoring devices, and related equipment as determined necessary by the Company to interrupt the intemJptibie load. Such interrupting facilities shall be under the exclusive control of the Company, and the installation and maintenance of such facilities shall be at the expense of the Customer. b) An Agreement for Electdc Service will be required for an initial pedod of 5 years when service is first rendered under this dder and for subsequent periods of 2 years thereafter, continuing until canceled by either party by wdtten notice 1 year in advance of the end of the initial pedod or any subsequent pedod. Customers initiating noticed interrupfible service with experimental buythrough prevision may discontinue inte.rruptible service dudng the initial two years without penalty. c) If it is determined at any time by Company that the Customer has not acted appropriately so that there can be compliance with the provisions of this dder, then the Customer will be immediately billed on the rate schedule for firm power for the peded since service was first commenced under this dder, or for the two year pedod just prior to such determination, whichever pedod is less. The difference between the actual bills rendered and the amount so calculated shall be adjusted each month to cover the Company's annual cost of capital, compounded monthly from such month to date, as determined in the Company's most recent rate case by the Public Utility Commission of Texas. Such adjusted difference shall immediately become due by Customer to Company. d) Electric service to the inten'uptible load shall be interrupted by Company, in accordance with the provisions below, or by Customer at the request of the Company should such action be deemed necessary by Company. The Company will endeavor to provide notice some hours in advance of probable interruption and, if possible, a second notice of positive interruption. Type of Service Notice Daily Limit Annual Limit Instantaneous None No longer than 12 hours in any 24 hour period, No longer than 400 hours dudng the 12 except during system emergencies as months ending with the current month. described below. Noticed 15 No longer than 12 hours in any 24 hour period, No longer than 700 hours dudng the 12 minutes except during system emergencies as months ending with the current month. described below. Except as provided above when the buythrough option has been selected and Customer elects to buythrough an economic interruption, the only interruptions credited toward interruption time limits are those implemented by Customer at the request of Company or those initiated by activation of control equipment by Company, and those resulting from the operation of underfrequency relays installed in connection with interruptible service. Extended interruptions resulting from failure of transmission or distribution equipment are not credited toward interruption time limits. Except as provided above when the buythrough option has been selected and Customer elects to buythrough an economic interruption, interruption time is measured from the time load is actually interrupted to the time that (a) Company restores service to the load, or (b) Company's facilities are capable of restoring service to the load, whether or not Customer's facilities are capable of receiving service, or (c) Company has given permission to Customer to restore service to load, whichever is less. When buythmugh option has been selected and Customer elects to buythrough an economic interruption, the time credited toward interruption limits is measured from the time beginning 15 minutes after Company gives notice of an economic interruption and ending at the time that Customer receives notice that the economic interruption has terminated, Interruptions of less than 15 minutes in duration are credited 15 minutes toward each limit. During system emergencies when Company has made public pleas to restrict electric energy usage to essential needs because of an area or statewide shortage of electric power and/or energy, interruptible Customers served hereunder may be interrupted continuously without daily limit until such emergency condition has ended. ©2000 TXU Electric Company Rate Schedules 26 3.2 General Service Applicable: Entire System Effective Date: March 1,2000 Tariff for Electric Service TXU Electric Company Sheet: 10 Page 1 of 1 Revision: Three 3.2.10 Rider T - Temporary Service Application Applicable to electdc service provided under Rate GS, Rate GP, or Rate HV for construction power service for any period of time, for other types of service when such service is to be used for less than 12 consecutive months, and for recurring seasonal service. ' Not applicable in conjunction with any other rider, unless specifically provided for in such dder, or with the time-of-day option. The provisions of General Service Rates GS, GP or HV are modified only as shown herein. Monthly Rate In accordance with the terms of General Service Rates GS, GP or HV, except: a) The Monthly Rate is applied on the basis of the actual length of time service is connected, but not less than 30 days, and the minimum bill is not less than the stated Customer charge plus 10% for each bill rendered. b) A nonrefundable service charge of 10% of the amount due under Rates GS, GP or HV, excluding fuel cost pursuant to Rider FC and pumhased power cost pursuant to Rider PCR. c) For recurring seasonal service customers, billing shall not exceed 12.3C/kWh, excluding customer charge, in billing months in which all kWh consumption occurs dudng off-peak hours. The installation of a time-of-day meter and an additional $10 customer charge is required for this provision to apply. Special Conditions The billing demand is in no event less than the current month kW. Customer pays, in advance, the cost of material, labor, and supplies used by the Company in installing, moving, and removing all equipment necessary to furnish service, as set forth in Miscellaneous Service Charges (Rate M). Service to be connected for a pedod of 3 days or less may, at Company's option, be unmetered and billed on estimated demand and kilowatt-hour usage prOVided, however, that the kilowatt-hours are based or~ not less than 50% utilization of the connected load dudng the service period. Agreement An Agreement for Electdc Service is required for recurring seasonal service. The term of all Agreements for Electric Service signed on or after March 1, 2000 shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. The Agreement for Electdc Service for other types of service, if required, may be for less than one year, however, may not extend beyond December 31, 2001 if signed on or after March 1, 2000. e2000 TXU Electdc Company Rate Schedules 28 3.2 General Service Applicable: As Listed in Section 4.12.2 Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet: 12 Page 1 of 2 Revision: First 3.2.12 Rate GC -General Service Competitive Pricing (CLOSED) Application Applicable, in the event that Company has entered into an Agreement for Etectdc Service with respect thereto prior to February 29, 2000, to any Customer that otherwise qualifies for service under Company's General Service Rates GS, GP, or HV for all of the electdc service supplied at one point of delivery and measured through one meter, where said customer contemplates self-generation, cessation of operations, or obtaining service from an alternate energy service supplier, and in Company's sole judgement, Customer would not be served by Company but for the pricing provided for herein, subject to the special conditions set forth herein. Service at each point of delivery is metered and billed separately and a demand meter is required. The availability of this rate is limited to electrical loads not otherwise contractually obligated to receive electdc service from Company at the time service under this rate is scheduled to commence. The availability of this .rate is at the sole discretion of Company. Not applicable to standby, resale, or shared service, or in conjunction with any rate or other service dder unless specifically provided for herein or in said rate or dder. Type of Service Single or three phase, 60 hertz, at any one of Company's available standard service voltages as required by Customer. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between Company and Customer may be required pdor to its being furnished. Company, may at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tariff for Electdc Service. Monthly Rate Charge Customer (per point of deliver~) Amount Secondary I Primary I Transmission $14.00 $15.00 $415.00 Demand Current month kW As specified in Agreement for Electdc Service Each current month kW in excess of the Contract kW $1.00 per kW I $1.00 per kW $1.00 per kW Energy per kWh, all kWh 0.72¢ per kWhI 0.59¢ per kWh 0.54¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the appropriate factor for General Service- Secondary, General Service-Primary, or General Service-Transmission. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the appropriate factor for General Service-Secondary, General Service-Primary, or High Voltage Service. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Definitions Current month kW is the highest 15-minute kW recorded at the point of delivery during the current month. Contract kW is the maximum kW specified in the Agreement for Electric Service. e2000 TXU Electric Company Rate Schedules 29.1 3.2 General Service Applicable: As Listed in Section 4.12.2 Effective Date: March 1, 2000 Special Conditions Tariff for Electric Service TXU Electric Company Sheet: 12 Page 2 of 2 Revision: First a) The demand charge applicable to service provided under this rate shall be specified in the Agreement for Electric Service (Agreement) and is the higher of: 1 ) The demand charge necessary to enable Company to provide service to an existing or prospective load such that the total cost of providing electric service over the term of the Agreement is equal to or less than that of Customer's self-generation or other energy service arrangement offered by any other entity to serve such load. 2) The demand charge necessary for the net present value (NPV) of the projected incremental base rate revenue (BRR) received by Company during the term of the Agreement to be positive. The NPV is the sum of NPV1 and NPV2, as calculated below. * NPV1: During the period commencing with the effective date of the Agreement and concluding in the year of the next scheduled generating unit addition in Company's integrated resoume plan current at the time the Agreement is signed, the NPV of the projected incremental BRR is the sum of the projected monthly BRR discounted at Company's Weighted Average Cost of Capital as approved by the Commission in Company's most recent rate case (WACC). * NPV2: During the period commencing in the year after the next scheduled generating unit addition in Company's integrated resource plan current at the time the Agreement is signed, and concluding at the end of the Agreement, the NPV of the incremental BRR is the sum of the monthly difference between (i) the projected BRR that would be received under the Agreement and (ii) the projected BRR that would be received under the Company's applicable general service rate effective at the time the Agreement is executed, discounted at the Company's WACC. b) The total cost of service from self-generation or another energy service supplier to an existing or prospective load will be evaluated on an NPV basis and will include all costs associated with the delivery of firm energy service, including but not limited to the costs of any production, transmission, and/or distribution facilities, or modifications thereto, required to serve Customer, including operating and maintenance costs, ad valorem taxes, and standby service. c) Customer must furnish Company a notarized affidavit and supporting information confirming that Customer would have obtained its energy supply from either self-generation or another supplier or would have ceased operations but for the negotiated demand charge permitted by this rate, that such other energy service supply would have been more economical to Customer than Company's applicable standard General Service Rate, or that such cessation of operations would have occurred because of the economics of the Company's applicable standard General Service Rate, and that the demand charge negotiated pursuant to this rate was necessary for customer to agree to receive electric service from Company, Agreement An Agreement for Electric Service is required. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tariff for Electric Service. ©2000 TXU Eiectric Company Rate Schedules 29.2 Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: As Listed in Section 4.12.2 Effective Date: March 1, 2000 Sheet: 13 Page 1 of 2 Revision: First 3.2.13 Rider ED - Economic Development Service (CLOSED) Application Applicable to electric service under Rate GS, Rate GP, or Rate HV for existing electrical load of 200 kW or more receiving service under the version of Rider ED in effect on February 29, 2000, when the availability of this Rider ED was an important factor in Customer's making the decision to add new electrical load or resume service to an inactive electrical load, subject to the special conditions contained herein. The availability of this rider is at the sole discretion of Company. Applicable in conjunction with Rider ES. Not applicable in conjunction with any other rider, unless specifically provided for herein or in such rider. The provisions of General Service Rates GS, GP, or HV are modified only as shown herein. Monthly Rate In accordance with the terms of General Service Rates GS, GP, or HV, except that an Economic Development Demand Discount is applied to the Economic Development Demand according to the following schedule: Economic Development Demand Discount Schedule Number of Years Until Next C~_p~-ity Addition Discount 5 50% 4 40% 3 30% 2 20% 1 10% Definitions The Economic Development Demand is that portion of the billing demand of the current month billing demand, as determined in accordance with the appropriate rate schedule, that is greater than the billing demand of the corresponding month in the twelve month period prior to the effective date of service under this Rider. The Economic Development Demand Discount is determined by the number of calendar years, or portions thereof, between the calendar year in which service to customer is first rendered under this Rider and the calendar year in which the next scheduled generating unit addition in Company's Integrated Resource Plan in effect at the time an Agreement for Electdc Service under this Rider is signed, and will be reduced annualty according to the above Economic Development Demand Discount Schedule, after which the Economic Development Demand Discount terminates. If, for example, at the time that the Agreement for Electdc Service is signed and service is first rendered under this Rider, the next scheduled generating unit addition is in the next calendar year, the customer's Economic Development Demand Discount will be 10% for one calendar year and said discount will terminate thereafter. If, for example, at the time that the Agreement for Electdc Service is signed and service is first rendered under this Rider, the next scheduled generating unit addition is in the sixth subsequent calendar year, Customer's Economic Development Demand Discount will be 50% for the first calendar year, 40% for the second calendar year, 30% for the third calendar year, 20% for the foudh calendar year, 10% for the fifth calendar year, and said discount will terminate thereafter. inactive electrical load is load that has been inactive for 12 months or more. Special Conditions All of the following conditions must be met pdor to service being rendered under this Rider. 1) Customer must furnish Company a notarized affidavit and supporting information confirming that Customer had knowledge of the ~xist~nG~ of this Rider and an opportunity to consider its benefits a[ leas~ ~g days ir1 advance of making a decision to add the new electrical load or to resume the inactive electrical load and prior to Customer's first construction, purchase, or lease of new or additional facilities or equipment necessary to locate the business in Company's service area, that Customer considered siting its facility outside of Company's service area, and that this Rider was an important contributing factor in Customer's decision to open a new facility or expand an existing facility or resume an inactive electrical load. e2000 TXU Electric Company Rate Schedules 29.3 3.2 General Service Applicable: As Listed in Section 4.12.2 Effective Date: March 1, 2000 Tariff for Electric Service' TXU Electric Company Sheet: 13 Page 2 of 2 Revision: First 2) Customer shall be required to demonstrate that the additional electrical load is accompanied by additional full-time employment within the Company's service area. For purposes of this section, full-time employment is defined as an employee who has been. or is projected to be, employed for at least 1,750 hours per year. 3) An energy efficiency analysis of the plans for the new or expanded facility must be completed pdor to the installation of the additional connected load. Company will perform such analysis or review Customer's analysis. All reasonably applicable, commercially available demand-side measures that would reduce the need for electricity or that would result in a more efficient use of electricity will be identified and explained to Customer. The requirement for this analysis will be waived only if Customer can demonstrate good cause for not having the analysis performed, such as the use of prepdetary technologies, 4) An Agreement for Electric Service has been executed. If the billing demand for 12 consecutive months is less than the billing demand of the corresponding month in the twelve-month period prior to the effective date of service under this Rider, Customer will no longer be eligible for service under this Rider, and billing will be in accordance with the applicable General Service Rate. Agreement An Agreement for Electric Service, with a minimum term of 5 years plus the number of years of discounted demand charges received under this dder, is required. ©2000 TXU Electric Company Rate Schedules 29.4 3.2 General Service Applicable: As Listed in Section 4.12.2 Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet: 14 Page 1 of 1 Revision: First 3.2.14 Rider ET - Environmental Technology Service (CLOSED) Application Applicable to electric service under Rate GS, Rate GP, or Rate HV for an environmental technology having an electrical load of 5 kW or more receiving service under the version of Rider ET in effect on February 29, 2000, when the availability of this rider was an important contributing factor in Customer's making a decision to convert an existing process using less energy-efficient electric sources of energy or non-electrical soumes of energy to a process utilizing energy-efficient electrical technology, subject to the special conditions contained herein. The availability of this dder is at the sole discretion of Company. Applicable in conjunction with Rider ES. Not applicable in conjunction with any other rider, unless speciflcal}y provided for herein or in such dder. The provisions of Generel Service Rates GS, GP, or HV are modified only as shown herein. Monthly Rate In accordance with the terms of General Service Rates GS, GP, or HV, except that the Environmental Technology Demand is reduced as follows: Environmental Technology Demand Discount Contract Year Discount 1 $5.00/kW 2 $4.00/kW 3 $3.00/kW 4 $2.00/kW 5 $1.00/kW Definitions Environmental Technology is the conversion to or installation of a new process that yields a net reduction in the amount of source BTU used, i.e,, the amount of BTU required for the process must be less for the new technology process than for the replaced process, or a new process that significantly improves the quality of the environment through use of an electrical technology. The Environmental Technology Demand is the estimated maximum 15-minute demand associated with the energy-efficient electrical technology. Special Conditions All of the following conditions must be met pdor to service being rendered under this Rider: 1) Customer must furnish Company a notarized affidavit and supporting information confirming that Customer had knowledge of the existence of this Rider and an opportunity to consider its benefits at least 60 days in advance of making a decision to convert existing processes to environmental technologies and pdor to Customer's first construction, purchase or lease of new or additional facilities or equipment necessary to convert to environmental technologies and that this Rider was an important contributing factor in Customer's decision to convert to the environmental technology. 2) An energy efficiency analysis of the plans for the conversion to environmental technology must be completed pdor to the installation of the connected load. Company will perform such analysis or review Customer's analysis. All reasonably applicable, commercially available demand-side measures that would reduce the need for electricity or that would result in a more efficient use of electricity will be identified and explained to Customer. The requirement for this analysis will be waived only if Customer can demonstrate good cause for not having the analysis performed, such as the use of proprietary technologies. 3) An Agreement for Electdc Service has been executed. Agreement An Agreement for Electdc Service with a minimum term of five years is required. ®2000 TXU Electric Company Rate Schedules 29.5 Tariff for Electric Service TXU Electric Company 3,2 General Service Applicable: City of Gainesville Effective Date: March 1, 2000 3.2.20 Rate GCl - General Service (CLOSED) Sheet: 20 Page I of 2 Revision: First Application Applicable, in the event that Company has entered into an Agreement for Electdc Service with respect thereto prior to February 29, 2000, to any new or existing Customer that otherwise qualifies for service under Company's General Service Rates GS, GP, or HV for all of the electdc service supplied at one point of delivery and measured through one meter, where said customer contemplates Self- generation, cessation of operations, or obtaining service from an alternative energy service supplier, and in Company's sole judgment, Customer would not be served by Company but for the pdcing provided for herein, subject to the special conditions set forth herein. Service at each point of delivery is metered and billed separately and a demand meter is required. The availability of this rate is limited to electhcal loads not otherwise contractually obligated to receive electdc service from Company at the time service under this rate is scheduled to commence. The availability of this rate is at the sole discretion of Company. Not applicable to standby, resale, or shared service, or in conjunction with any rate or other service dder unless specifically provided for herein or in said rate or rider. Type of Service Single or three phase, 60 hertz, at any one of Company's available standard service voltages as required by Customer. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between Company and Customer may be required pdor to its being furnished. Company, may at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tadff for Electric Service. Monthly Rate Charge Customer (per point of delivery) Demand t Current month kW Energy I per kWh, all kWh Each current month kW in excess of the Contract kW Amount Secondary I Pdmary I Transmission $14.00 $15.00 $415.00 As specified in Agreement for Electdc Service I$1.00 per kW 0.54¢ per kWh $1.00perkW I $1.00perkW 0.72¢ per kWhI 0.59¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the appropriate factor for General Service- Secondary, General Service"Primary, or General Service-Transmission. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the appropriate factor for General Service-Secondary, General Service"Primary, or High Voltage Service. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Definitions Current month kW is the highest 15-minute kW recorded at the point of delivery during the current month. Contract kW is the maximum kW specified in the Agreement for Electric Service. Special Conditions a) The demand charge applicable to service provided under this rate shall be specified in the Agreement for Electdc Service (Agreement) and is the higher of: 1) The demand charge necessary to enable Company to provide service to an existing or prospective load such that the total cost of providing electric service over the term of the Agreement is equal to that of Customer's self-generation or other energy service arrangement offered by any other entity to serve such load. 2) The demand charge is equal to or above the Company's marginal cost as defined in PUPA §2.001 (c) 2000 TXU Electric Company Rate Schedules 29.15 Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: City of Gainesville Effective Date: March 1, 2000 Sheet: 20 Page 2 of 2 Revision: First b) The total cost of service from self-generation or another energy service supplier to an existing or prospective load will include all costs associated with the delivery of firm energy service, including but not limited to the costs of any production, transmission, and/or distribution facilities, or modifications thereto, required to serve Customer, including operating and maintenance costs, ad valorem taxes, and standby service. c) Customer must furnish Company a notarized affidavit and supporting information confirming that Customer would have obtained its energy supply from either self-generation or another supplier or would have ceased operations but for the negotiated demand charge permitted by this rate, that such other energy service supply would have been more economical to Customer than Company'~ applicable standard General Service Rate, or that such cessation of operations would have occurred because of the economics of the Company's applicable standard General Service Rate, and that the demand charge negotiated pursuant to this rate was necessary for customer to agree to receive electdc service from Company. Agreement An Agreement for Electric Service is required. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to Company's Tadff for Electric Service. 2000 TXU Electric Company Rate Schedules 29.16 Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Areas Subject to PUC Odginal Jurisdiction Effective Date: March 1,2000 Sheet 21 Page 1 of 2 Revision: First 3.2.21 Rate GTU - General Service Time-of-Use Application Applicable to any customer for all electdc se~ice supplied at one point of delivery and measured through one meter. Each point of delivery is metered and billed separately, unless the Aggregate Billing Option is selected. A time-of-day demand meter or interval recorder is required prior to service being provided under this rate. Not applicable to temporary, shared, or resale service. Type of Service Single or three phase, 60 hertz, at the most available secondary, primary, or transmission voltage. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required prior to service being furnished. The Company may, at its option, meter service on the secondary side e with Com an s Tadff for Electdc Serv ce. of Customer s transformers and adjust for transformer osses m accordanc P Y Monthly Rate Charge Amount Secondary Primary Transmission (GTU-SEC) (GTU-PRI) (GTU-TRAN) Customer (per point of delivery) $24.00 $25.00 $425.00 Facilities Charge Higher of the Contract kW or Annual kW $3.47 per kW $2.74 per kW $1.08 per kW (per point of $1.00 per kW delivery) Each current month kW in excess of the Contract kW $1.00 per kW $1.00 per kW Energy Pricing Period 4 13.42 = per kWh 13.02 ¢ per kWh 12.78 ¢ per kWh Pricing Period 3 6.18 ¢ per kWh 5.99 ¢ per kWh 5.88 ¢ per kWh Pricing Period 2 3.50 ¢ per kWh 3.39 ¢ per kWh 3.33 ¢ per kWh Pdcing Period 1 1.09 ¢ per kWh 1.06 ¢ per kWh 1.04 ¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the General Service-Secondary factor for GTU- SEC, the General Service-Primary factor for GTU-PRI, and the General Service-Transmission factor for GTU-TRAN. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the General Service Secondary factor for GTU-SEC. the General Service Pdmary factor for GTU-PRI, and the High Voltage Service factor for GTU-TRAN. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Aggregate Billing Option An entity with multiple points of delivery receiving service under Rate GTU may elect to receive an aggregate summary bill. Aggregate billing is available to entities that meet all of the following criteria: a) all points of delivery are billed on the same voltage level service, b) all points of delivery are on the same billing cycle, and c) all points of delivery are under the same ownership. A one-time charge of $25 per point o~ delivery is made when Customer selects the Aggregate Billing option. Definitions Contract kW is the maximum kW specified in the Agreement for Electric service. Annual kW is the highest 15-minute kW recorded at the point of delivery during the 12-month period ended with the current month. Rate Schedules 29.17 © 2000 TXU Electric Company Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Areas Subject to PUC Odginal Jurisdiction Effective Date: March 1, 2000 Sheet 21 Page 2 of 2 Revision: First Current month kW is the highest 15-minute kW recorded at the point of delivery during the current month. Pricing Period is the billing period determined in accordance with the following and the specified hours are local Dallas, Texas, time: Pdcing Pedod 4 Pdcing Period 3 Pdcing Pedod 2 Month Pricing Period 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December - March N/A N/A N/A N/A 6am-12noon N/A All Other Houm 6pm-10pm April & October - N/A N/A N/A N/A N/A N/A All Hours November May & September N/A N/A 2pm-8pm N/A 10am-2pm 2pm~10pm All Other Hours 8pm-10pm June - August 2pm-8pm N/A 10am-2pm 2pm-10pm 8am-10am 10am-2pm All Other Hours 8pm-10pm 10pm-12 10pm-12 midnight midnight Special Conditions (a) Where customer has another source of power that is connected, either electrically or mechanically, to equipment that may be operated concurrently with service provided by Company, Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service. (b) Customers may discontinue service under Rate GTU and change service to an otherwise applicable Company rate dudng the first year without penalty. Agreement An Agreement for Electric Service is required. The term of all Agreements for Electric Service signed on or after March 1, 2000 shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. The maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load that may be carried all or part of the time by Customer's generator or prime mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electdc Service. © 2000 TXU Electric Company Rate Schedules 29,18 Tariff for Electric Service' TXU Electric Company 3.2 General Service Applicable: Areas Subject to PUC Original Jurisdiction Effective Date: March 1, 2000 Sheet 22 Page. 1 of 3 Revision: First 3.2.22 Rate GTUC - General Service Time-of-Use Voluntary Curtailable Application Prior to midnight December 31, 2000 local Dallas, Texas time, applicable to any customer for ail electdc service supplied at one point of delivery and measured through one meter. Thereafter, applicable only to existing points of delivery receiving service under Rate GTUC at midnight December 31, 2000 local Dallas, Texas time. Each point of delivery is metered and billed separately, unless the Aggregate Billing Option is selected. An interval demand recorder is required pdor to service being provided under this rate. The applicability of this rate is limited, on a first-come-first-served basis, to a maximum total contracted load from all Customers of 1,000 MW (i.e., a total of all Customers' Contract kW) for the Company's summer peak season of 1999 and 2,000 MW for the Company's peak season of 2000 and thereafter. Not applicable to temporary, shared, or resale service. Type of Service Single or three phase, 60 hertz, at the most available secondary, pdmary, or transmission voltage. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required pdor to service being furnished. The Company may, at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tariff for Electdc Service. Monthly Rate Charge Amount Secondary Primary Transmission (GTUC-SEC) (GTUC-PRI) (GTUC-TRAN) Customer (per point of delivery) $224.00 $225.00 $625.00 Facilities Higher of the Contract kW or Annual kW $3.47 per kW $2.74 per kW $1.08 per kW Charge Each current month kW in excess of the Contract kW $1.00 per kW $1.00 per kW $1.00 per kW (per point of delivery) Energy Pdcing Period 4 7.38 ¢ per kWh 7.16 ¢ per kWh 7.03 ¢ per kWh Pricing Pedod 3 3.40 ¢ per kwh 3.29 ¢ per kWh 3.23 ¢ per kWh Pricing Pedod 2 1.92 ¢ per kWh 1.86 ¢ per kWh 1.83 ¢ per kWh Pdcing Pedod I 0.60 ¢ per kwh 0.58 ¢ per kWh 0.57 ¢ per kwh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the General Service-Secondary factor for GTUC- SEC, the General Service-Primary factor for GTUC-PRI, and the General Service-Transmission factor for GTUC-TRAN. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCP,, using the General Service Secondary factor for GTUC-SEC, the General Service Pdmary factor for GTUC-PRI, and the High Voltage Service factor for GTUC-TRAN. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Curtailment Provisions Customer's load will be subject to no more than 700 hours of curtailment dudng the 12 months ending with the current month and no more than 12 hours in any 24 hour period, except when the Company has made public pleas to restdct electric energy usage to essential needs because of an area or statewide shortage of electhc power and/or energy, then the 12 hour limit no longer applies. Customer will have 15 minutes in whi(~h to voluntarily curtail all of the load at the point of delivery or, if Customer chooses not to curtail alt of the toad at the point of delivery, all kVVh used dudn~l'the curtailment period will be billed at an energy charge of 70¢ per kwh, rather than at the energy charge specified above, provided that, in the event the Customer curtails 35% or more of the total load at a point of delivery not included in the Aggregate Billing Option, or 35% or more of the total load at all points of delivery to the Customer aggregated under the Aggregate Billing Option, throughout the curtailment period, the energy charge for all kWh used dudng the curtailment period at such point(s) of delivery will be billed at an energy charge of 50¢ per kWh. Total load (either at a single point of delivery or all of Customer's points of delivery under the Aggregate Billing Option) is defined as the Customer's 15-minute demand recorded immediately 2000 TXU Electric Company Rate Schedules ;~9.19 Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Areas Subject to PUC Original Jurisdiction Effective Date: March 1, 2000 Sheet 22 Page2 of 3 Revision: First prior to Customer's receipt of the notice from Company of the curtailment period. Curtailments will occur during the following conditions: la) when the Company is required by the Electric Reliability Council of Texas (ERCOT) Operating Guides or the ERCOT Independent System Operator (ISO) to interrupt interruptible loads. The curtailment pedod is the entire pedod dudng which ERCOT Operating Guides or the ERCOT ISO requires the Company to interrupt interruptibte loads, beginning 15 minutes after Customer is requested to curtail load, or lb) when the Company's system load is at or above 95% of the higher of (1) the estimated system annual peak load for the' current calendar year or (2) the actual system peak load for the current calendar year, In the event that the actual system peak load in the calendar year exceeds the previously estimated system annual peak load for that calendar year, such actual system peak load shall become the new estimated system annual peak load beginning on the following day. The curtailment pedod is the entire pedod dudng which the Company's system load is at or above 95% of the estimated system annual peak load for the current year, beginning ~15 minutes after Customer is requested to curtail load. Aggregate Billing Option An entity with multiple points of delivery receiving service under Rate GTUC may elect to receive an aggregate summary bill. Aggregate billing is available to entities that meet all of the following criteria: a) all points of delivery are billed on the same voltage level service, b) all points of delivery are on the same billing cycle, and c) all points of delivery are under the same ownership. A one-time charge of $25 per point of delivery is made when Customer selects the Aggregate Billing option. Definitions Contract kW is the maximum kW specified in the Agreement for Electric Service. Annual kW is the highest 15-minute kW recorded at the point of delivery during the 12-month pedod ended with the current month. Current month kW is the highest 15-minute kW recorded at the point of delivery dudng the current month. Hourly System Load is TU Electdc's total system demand excluding non-firm economy energy sales. Pricing Period is the billing pedod determined in accordance with the following and the specified hours are local Dallas, Texas, time: Pricing Period 4 Pricing Period 3 Pricing Period 2 Month Pricing Period 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December- March N/A N/A N/A N/A 6am-12noon N/A All Other Hours 6pm-10pm April & October - N/A N/A N/A N/A N/A N/A All Hours November May & September N/A N/A 2pm-8pm N/A 10am-2pm 2pm-10pm All Other Hours 8pm-10pm June - August 2pm-8pm N/A 10am-2pm 2pm-10pm 8am-10am 10am-2pm All Other Hours 8pm-10pm 10pm-'12 10pm-12 midnight midnight Special Conditions a) Where customer has another source of power that is connected, either electrically or mechanically, to equipment that may be operated concurrently with servic~ provided by Company, Customer must instatl and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service. b) Customer must pay all costs associated with installing and maintaining any special metering equipment and telephone charges, if required. c) An Agreement for Electric Service is required for an initial term of three years when service is first rendered under this rate and for Rate Schedules 29,20 2000 TXU Electric Company Tariff for Electric Service TXU Electric Company 3.2 General Service Applicable: Areas Subject to PUC Original Jurisdiction Effective Date: March 1,, 2000 d) Sheet 22 Page 3 of 3 Revision: First subsequent pedods of 2 years thereafter, continuing until canceled by either party by written notice 1 year in advance of the end of the initial period or any subsequent pedod. Customers that discontinue curtailable service under Rate GTUC during the term of the Agreement for Electdc Service shall be charged the difference between their billings under Rate GTUC and what their billings would have been under an applicable firm service rate (either Rate HV, Rate GP, or Rate GS, depending upon the voltage level of the Customer's service) for the initial term the Customer received service under Rate GTUC, not to exceed three years, and not to exceed two years for subsequent terms, plus interest thereon at the rate applicable to undercharges established pursuant to the Commission's Substantive Rule 23.35(h); provided that, if an Agreement for Electdc Service is signed on or before October 15, 1998, the Customer may, prior to May 31, 1999, discontinue curtailable service under Rate GTUC and change service to an otherwise applicable Company rate without penalty. if it is determined at any time by Company that the Customer has failed to operate and maintain communications equipment in such a manner so that there can be compliance with the provisions of this rate, then the Customer will be immediately billed on the rate schedule for firm power for the period since service was first commenced under this rate, or for theone year pedod just pdor to such determination, whichever pedod is less. The difference between the actual bills rendered and the amount so calculated shall be adjusted each month to cover the Company's annual cost of capital, compounded monthly from such month to date, as determined in the Company's most recent rate case by the Public Utility Commission of Texas. Such adjusted difference shall immediately become due by Customer to Company. Agreement An Agreement for Electric Service is required. The term of all Agreements for Electdc Service signed on or after March 1, 2000, shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. The maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load that may be carded all or part of the time by Customer's generator or prime mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service. Rate Schedules 29.21 2000 TXU Electdc Company 3.2 General Service Applicable: As Listed in Section 4.12.3 Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet 25 Page I of 2 Revision: First 3.2.25 Rate GTU-M - General Service Time-of-Use - Municipality Application Applicable to any customer for all electdc service supplied at one point of delivery and measured through one meter. Each point of delivery is metered and billed separately, unless the Aggregate Billing Option is selected. A time-of-day demand meter or interval recorder is required prior to service being provided under this rate. Not applicable to temporary, shared, or resale service. Type of Service Single or three phase, 60 herlz, at the most available secondary, pdmary, or transmission vottage. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required pdor to service being furnished. The Company may, at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tadff for Electric Service. Monthly Rate Charge Amount Secondary Primary Transmission (GTU-M-SEC) (GTU-M-PRI) (GTU-M-TRAN) Customer (per point of delivery) $24.00 $25.00 $425.00 Facilities Higher of the Contract kW or Annual kW $3.47 per kW $2.74 per kW $1.08 per kW Charge Each current month kW in excess of the Contract kW $1.00 per kW $1.00 per kW $1.00 per kW (per point of delivery) Energy Pdcing Pedod 4 13.42 ¢ per kWh 13.02 ¢ per kWh 12.78 ¢ per kWh Pricing Period 3 6.18 ¢ per kWh 5.99 ¢ per kWh 5.88 ¢ per kWh Pdcing Pedod 2 3.50 ¢ per kWh 3.39 ¢ per kWh 3.33 ¢ per kWh Pdcing Period 1 1.09 ¢ per kWh 1,06 ¢ per kWh 1.04 ¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the General Service-Secondary factor for GTU-M-SEC, the General Service-Primary factor for GTU-M-PRI, and the General Service-Transmission factor for GTU-M-TRAN. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the General Service Secondary factor for GTU-M-SEC, the General Service Pdmary factor for GTU-M-PRI, and the High Voltage Service factor for GTU-M-TRAN. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Aggregate Billing Option An entity with multiple points of delivery receiving service under Rate GTU-M may elect to receive an aggregate summary bill. Aggregate billing is available to entities that meet all of the following criteria: a) all points of delivery are billed on the same voltage level service, b) all points of deliv, ery are on the same billing cycle, and c) all points of delivery are under the same ownership. A one-time charge of $25 per point of delivery is made when Customer selects the Aggregate Billing option. Definitions Contract kW is the maximum kW specified in the Agreement for Electric Service. 2000 TXU Electdc Company Rate Schedules 29.24 3.2 General Service Applicable: As Listed in Section 4.12.3 Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet 25 Page 2 of 2 Revision: First Annual kW is the highest 15-minute kW recorded at the point of delivery dudng the 12-month pedod ended with the current month. Current month kW is the highest '15-minute kW recorded at the point of delivery during the current month. Pricing Pedod is the.billing pedod determined 'in accordance with the following and the specified hours are local Dallas, Texas, time: Pdcing Period 4 Pdcing Pedod 3 Pricing Pedod 2 Month Pricing Period 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December - March N/A N/A N/A N/A 6am- N/A All Other Hours 12noon 6pm-10pm April & October - N/A N/A N/A N/A N/A N/A All Hours November May & September N/A N/A 2pm-8pm N/A 10am-2pm 2pm-10pm All Other Hours 8pm-1 Opm June - August 2pm-8pm N/A 10am-2pm 2pm-10pm 8am-10am 10am-2pm All Other Hours '8pm-10pm 10pm-12 10pm-12 midnight midnight Special Conditions (a) Where customer has another source of power that is connected, either electrically or mechanically, to equipment that may be operated concurrently with service provided by Company, Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service. (b) Customers may discontinue service under Rate GTU-M and change service to an otherwise applicable Company rate dudng the first year without penalty. Agreement An Agreement for Electric Service is required. The term of all Agreements for Electdc Service signed on or after March 1, 2000 shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. The maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load that may be carried all or part of the time by Customer's generator or prime mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service. 2000 TXU Electric Company Rate Schedules 29.25 3.2 General Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet: 5 Page 1 of 2 Revision: First 3.2.5 Rate S - Standby Service Application Applicable for electdc service to qualifying facilities for which the Company's service is used as standby maintenance or backup service supplied at one point of delivery and measured through one meter. Not applicable to temporary, shared, or resale service or to supplemental service except as specified herein. Type of Service Three phase, 60 herb:, at the most available, secondary, primary or transmission voltage. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required pdor to its being furnished. The Company, may at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tadff for Electdc Service. Monthly Rate Charge Amount Secondary Primary Transmission (S-SEC) (S-PRI) ($-TRAN) Customer (per point of delivery) $39.00 $106.00 $1,420.00 Demand Backup (On-Peak) $3.05 per kW $3.05.per kW $3.04 per kW Backup (Off-Peak) $7.37 per kW $6.67 per kW $5.43 per kW Maintenance $7.37 per kW $6.67 per kW $5.43 per kW Minimum (applied to the higher of the Contract $3.85 per kW $3.15 per kW $1.90 per kW kW or Annual kW) Each current month kW in excess of the Contract $1.00 per kW $1.00 per kW $1.00 per kW kW Energy Backup (first 73 kWh per kW of demand) 0.72 ¢ per kWh 0.59 ¢ per kWh 0,54 ¢ per kWh Backup (all additional kWh) 7.20 ¢ per kWh 5.90 ¢ per kWh 5.40 ¢ per kWh Maintenance (ail kWh) 0.72 ¢ per kWh 0,59 ¢ per kWh 0.54 ¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC using the General Service-Secondary factor for S-SEC, General Service-Primary factor for S-PRI, and General Service-Transmission factor for S-Ti{AN. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR, using the General Service Secondary factor for S-SEC, the General Service Primary factor for S-PRI and the High Voltage Service factor for S-TRAN. Payment: Bills are due when randerad and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Definitions On-peak kW is the highest 15-minute kW recorded during the Company's on-peak hours of the current month. Off-peak kW is the highest 15-minute kW recorded at the point of delivery during the current month. On-peak hours are the eight hours between 12 noon and 8 p.m. each weekday (Monday-Friday), excluding July 4 and Labor Day, dudng the calendar months of June through September. off-peak houm are all other hours. Contract kW is the maximum kW specified in the Agreement for Electric Service. Annual kW is the highest 15-minute kW recorded at the point of delivery in the 12-month pedod ended with the current month. e2000 TXU Electric Company Rate Schedules 21 Tariff for Electric Service TXU Electric Company Sheet: 5 3.2 General Service Page 2 of 2 Applicable: Entire System Revision: First Effective Date: Mamh 1, 2000 Supplemental service is capacity and energy supplied by the utility and used by the customer in addition to the customer's own self- generation to meet the customer's total load requirement. Backup service is capacity and energy supplied by the utility to replace the customer's generation during an unscheduled outage. Maintenance service is capacity and energy supplied by the utility to replace the customer's self-generation during scheduled outages of the customer's generation, and shall also include capacity and energy purchased by the customer to replace the capacity and energy normally generated by the customer's own self-generation dudng a pedod when Company, pursuant to a legally enforceable contract to purchase capacity and energy from the customer, requests a reduction in the customer's generation for economic reasons pursuant to Company's contractual dght to do so. In months where both backup and maintenance service are provided, the demand charge for maintenance service shall be applied only to the maintenance kW in excess of backup kW. Special Conditions a) Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and Company's equipment and service. b) Electric Service is available under this Rate schedule only when the provision of such service does not impair the electric utility's ability to provide adequate service to its customers, or does not place an undue burden on the Company. c) Customer shall notiflJ Company in writing at least 7 days in advance prior to commencing a scheduled outage. The Company shall approve such request if, in Company's sole judgment, the provision of such maintenance service does not impair the electric utility's ability to provide adequate service to its customers, or does not place an undue burden on the Company. d) Customers requiring supplemental service in addition to backup and maintenance service will be allowed to receive such service under this rate at one metering point if the annual load factor (calculated using annual kW) at the point of delivery does not exceed 10%. In all other cases, supplemental service shall be separately metered and billed under the applicable General Service rate. e) Customer shall report to Company information concerning outages of the customer's ~wn self-generation. Agreement An Agreement for Electric Service is required. The term of all Agreements for Electdc Service signed on or after March 1, 2000 shatl be set to expire at midnight December 31, 2001 local Dallas, Texas time. The maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load which may be carded all or part of the time by Customer's generator or prime mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electdc Service. Rate Schedules 22 e2000 TXU Electric Company 3.2 General Service Applicable: As Listed in Section 4.12.3 Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet 26 Page 1 of 3 Revision: First 3.2.26 Rate GTUC-M - General Service Time-of-Use Voluntary Curtailable - Municipality Application Prior to midnight December 31, 2000 local Dallas, Texas time, applicable to any customer for all electric service supplied at one point of delivery and measured through one meter. Thereafter, applicable only to existing points of delivery receiving service under Rate .GTUC- M at midnight December 31, 2000 local Dallas, Texas time. Each point of delivery is metered and billed separately, unless the Aggregate Billing Option is selected. An interval demand recorder is required pdor to service being provided under this rate. The applicability of this rate is limited, on a first-come-first-served basis, to a maximum total contracted load from all Customers of 1,000 MW (i.e., a total of all Customers' Contract kW) for the Company's summer peak season of 1999 and 2,000 MW for the Company's peak season of 2000 and thereafter. Not applicable to temporary, shared, or resale service. Type of Service Single or three phase, 00 hertz, at the most available secondary, pdmary, or transmission voltage. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements between the Company and Customer may be required prior to service being furnished. The Company may, at its option, meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tadff for Electric Service. Monthly Rate Charge Amount Secondary Primary Transmission (GTUC-M-SEC) (GTUC-M-PRI) (GTUC-M-TRAN) Customer (per point of delivery) $224.00 $225,00 $625.00 Facilities Higher of the Contract kW or Annual kW $3.47 per kW $2.74 per kW $1.08 per kW Charge Each current month kW in excess of the Contract $1.00 per kW $1.00 per kW $1.00 per kW (per point of kW delivery) Energy Pricing Pedod 4 7.38 ¢ per kWh 7.16 ¢ per kWh 7.03 ¢ per kWh Pricing Pedod 3 3.40 ¢ per kWh 3.29 ¢ per kWh 3.23 ¢ per kWh Pricing Period 2 1.92 ¢ per kWh 1.86 ¢ per kWh 1.83 ¢ per kWh Pdcing Pedod 1 0,60 ¢ per kWh 0.58 ¢ per kWh 0.57 ¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC, using the General Service-Secondary factor for GTUC-M- SEC, the General Service-Primary factor for GTUC-M-PRI, and the General Service-Transmission factor for GTUC-M-TRAN. Power Cost: Plus an amount for pumhased power cost calculated in accordance with Rider PCR, using the General Service Secondary factor for GTUC-M-SEC, the General Service Pdmary factor for GTUC-M-PRI, and the High Voltage Service factor for GTUC-M-TRAN. Payment: Bi{is are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Curtailment Provisions Customer's load will be subject to no more than 700 hours of curtailment dudng the 12 months ending with the current month and no more than 12 hours in any 24 hour period, except when the Company has made public pleas to restdct electdc energy usage to essantial needs because of an area or statewide shortage of electric power and/or energy, then the 12 hour limit no longer applies. Customer will have 15 minutes in whibh to voluntarily curtail all of the load at the point of delivery or, if Customer chooses not to curtail all of the load at the point of delivery, all kwh used during the curtailment period will be billed at an energy charge of 70¢ per kwh, rather than at the energy charge specified above, provided that, in the event the Customer curtails 35% or more oi' the total load at a point of delivery not included in the Aggregate Billing Option, or 35% or more of the total load at all points of delivery to the Customer aggregated under the Aggregate Billing Option, throughout the curtailment period, the energy charge for all kWh used during the curtailment period at such point(s) of delivery will be billed at an energy charge of 50¢ per kWh. Total load (either at a single point of delivery or all of Customer's points of delivery under the Aggregate Billing Option) is defined as the Customer's 15- 2000 TXU Electdc Company Rate Schedules 29.26 3.2 General Service Applicable: As Listed in Section 4.12.3 Effective Date: March 1,2000 Tariff for Electric Service TXU Electric Company Sheet 26 Page 2 of. 3 Revision: First minute demand recorded immediately prior to Customer's receipt of the notice from Company of the curtailment period. Curtailments will occur during the following conditions: (a) when the Company is required by the Electric Reliability Council of Texas (ERCOT) Operating Guides or the ERCOT Independent System Operator (ISO).to interrupt interrupflble loads. The curtailment pedod is the entire pedod during which ERCOT Operating Guides or the ERCOT ISO requires the Company to interrupt interruptible loads, beginning 15 minutes after Customer is requested to curtail load, or (b) when the Company,s system load is at or above 95% of the higher of (1) the estimated system annual peak I°ad f°r th~ current calendar year or (2) the actual system peak load for the current calendar year. In the event that the actual system peak load in the calendar year exceeds the previously estimated system annual peak load for that calendar year, · such actual system peak load shall become the new estimated system annual peak load beginning on the following day. The curtailment period is the entire period dudng which the Company's system load is at or above 95% of the estimated system annual peak load for the current year, beginning 15 minutes after Customer is requested to curtail load. Aggregate Billing Option An entity with multiple points of delivery receiving service under Rate GTUC-M may elect to receive an aggregate summary bill. Aggregate billing is available to entities that meet all of the following criteria: a) all points of delivery are billed on the same voltage level service, b) all points of delivery are on the same billing cycle, and c) all points of delivery are under the same ownership. A one-time charge of $25 per point of delivery is made when Customer selects the Aggregate Billing option. Definitions Contract kW is the maximum kW specified in the Agreement for Electdc Service. Annual kW is the highest 15-minute kW recorded at the point of delivery dudng the 12~month pedod ended with the current month. Current month kW is the highest 15-minute kW recorded at the point of delivery dudng the current month. Houdy System Load is TU Electdc's total system demand excluding non-firm economy energy sales. Pricing Pedod is the billing pedod determined in accordance with the following and the specified hours ara local Dallas, Texas, time: Pdcing Period 4 Pdcing Pedod 3 Pricing Period 2 Month Pricing Period 1 Weekdays Weekends Weekdays Weekends Weekdays Weekends December - March N/A N/A NIA N/A 6am- N/A All Other Hours 12noon 6pm-10pm Apdl & October - N/A N/A N/A N/A N/A N/A All Hours November May & September N/A N/A 2pm-8pm N/A 10am-2pm 2pm-10pm All Other Hours 8pm-10pm June - August 2pm-Spm N/A 10am-2pm 2pm-10pm 8am-10am 10am-2pm All Other Hours 8pm-10pm 10pm-12 10pm-12 midnight midnight Special Conditions a) Where customer has another source of power that i~ connected, either electrically or mechanically, to equipment that may be operated concurrently with service provided by Company, Customer must install and maintain, at Customer's expense, such devices as may be necessary to protect Customer's and the Company's equipment and service. b) Customer must pay all costs associated with installing and maintaining any special metering equipment and telephone e 2000 TXU Electric Company Rate Schedules 29.27 3.2 General Service Applicable: As Listed in Section 4.12.3 Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet 26 Page 3 of 3 Revision: First charges, if required. c) An Agreement for Electdc Service is required for an initial term of three years when service is first rendered under this rate and for subsequent pedods of 2 years thereafter, continuing until canceled by either party by wdtten notice 1 year in advance of the end of the initial pedod or any subsequent period. Customers that discontinue curtailable service under Rate GTUC-M dudng the term of the Agreement for Electric Service shall be charged the difference between their billings under Rate GTUC- M and what their billings would have been under an applicable firm service rate (either Rate HV, Rate GP, or Rate GS, depending upon the voltage level of the Customer's service) for the initial term the Customer received service under Rate GTUC-M, not to exceed three years, and not to exceed two years for subsequent terms, plus interest thereon at the rate applicable to undercharges established pursuant to the Commission's Substantive Rule 23.35(h). d) If it is determined at any time by Company that the Customer has failed to operate and maintain communications equipment in such a manner so that there can be compliance with the provisions of this rate, then the Customer will be immediately billed on the rate schedule for firm power for the pedod since service was first commenced under this rate, or for the one year pedod just prior to such determination, whichever pedod is less. The difference between the actual bills rendered and the amount so calculated shall be adjusted each month to cover the Company's annual cost of capital, compounded monthly from such month to date, as determined in the Company's most recent rate case by the Public Utility Commission of Texas. Such adjusted difference shall immediately become due by Customer to Company. Agreement An Agreement for Electdc Service is required. The term of all Agreements for Electric Service signed on or after March 1, 2000, shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. The maximum electrical load specified in the Agreement for Electric Service may not be less than the sum of Customer's normal load plus the load that may be carded all or part of the time by Customer's generator or pdme mover or other source of energy. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tadff for Electdc Service. 2000 TXU Electric Company Rate Schedules 29.28 3.3 Municipal Service Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet: 3 Page 1 of 3 Revision: Three 3.3.3 Rate SL - Street Lighting Service Application Applicable to governmental entities for street lighting service to areas served at retail by Company. Not applicable to temporary, shared, standby, supplementary, maintenance, or resale service. Type of Service Single or three phase, 60 hertz, at any of the Company's standard secondary or pdmary service voltages as required by Customer. Where existing distribution facilities are not adjacent to the point of delivery, additional charges and special contract arrangements between the Company and Customer may be requi¢ed prior to its being furnished. If Customer takes service at primary voltage, Company may at its option meter service on the secondary side of Customer's transformers and adjust for transformer losses in accordance with Company's Tariff for Electric Service. Monthly Rate - Unmetered Facilities Customer Charge: $25.00 Luminaire Charge, per Luminaire Lamp Watts Lumens kWh Schedule Rect- Post-Top angular A B C D Mercury Vapor 175 7,900 70 $8.40 $16.50 $3.90 $2~65 $20.45 $13.00 400 21,000 150 $12.35 $20.05 $7.30 $5.65 N.A. N,A. 1,000 63,000 370 $27.40 $36.10 $19.40 $13.90 N.A. N.A. Sodium Vapor 100 9,500 40 $7.55 $15.65 $3.00 $1.50 $20.60 $12.35 150 16,000 70 $9.50 $17.15 $4.65 $2.65 $25.65 N.A. 200 22,000 80 $10.35 $17.95 $5.10 $3.00 $26.05 N.A. 250 27,500 100 $10.90 $18150 $5.85 $3.75 $26.55 N.A. 400 50,000 160 $15.50 $25.55 $9.25 $6.00 $38.75 N.A. 1,000 140,000 375 $30.05 $40.15 $21.05 $14,05 $52.45 N.A. Metal Halide 175 14,000 65 $10.15 $18.30 $5.50 $2.45 $22.85 $18.15 250 25.000 100 $12.93 $22.10 $7.48 $4.05 $33.22 N,A. 400 36,000 160 $15.70 $25.85 $9.45 $5.65 $43.55 N.A. 1,000 110,000 370 $28.75 $38.85 $20.70 $13.70 $53.25 N.A. Other Incandescent* All $7.55 250W $17.60 Wallpack Mercury Vapor* Fluorescent* $21.50 Historical $21.30 *Closed to new street lighting installations Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCR. e2000 TXU Electdc Company Rate Schedules 35 Tariff for Electric Service TXU Electric Company Sheet: 3 3.3 Municipal Service Page 2 of 3 Applicable: Entire System Revision: Three Effective Date: March 1,2000 Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered, Monthly Rate - Metered Facilities - NonCompany-Owned Applicable for electdc service supplied at one point of delivery and measured through one meter to customer owned, operated and maintained street and highway lighting and incidental safety lighting equipment which operates same hours as normal street lighting. Charge Amount Customer $15.00 . Energy 3.75 ¢ per kwh Fuel Cost: Plus an amount fOr fuel cost calculated in accordance with P,ider FC, Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCP.. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Monthly Rate - Metered Facilities - Company-Owned (Closed to new installations) Charge Amount Customer $25.00 Energy 14.00 ¢ per kWh Fuel Cost: Plus an amount for fuel cost calculated in accordance with Rider FC. Power Cost: Plus an amount for purchased power cost calculated in accordance with Rider PCP`. Payment: Bills are due when rendered and become past due if not paid within 16 days thereafter. Bills are increased by 5% if not paid within 20 days after being rendered. Definitions Schedule A applies to: Group 1 Company installed, owned, operated, and maintained street lights mounted on wood poles and served overhead. Group 2 Company installed, owned, operated, and maintained street lights mounted on wood, steel, or ornamental poles of a type normally used by Company, and served overhead or underground, and customer or developer has contributed to Company an amount equivalent to the difference between the total installed cost of such street lighting and the total instal/ed cost of an equivalent lighting system mounted on wood poles and served overhead. Schedule B applies to: Group 1 Company installed, owned, operated, and maintained street lights mounted on steel or other ornamental poles of a type normally used by Company and served overhead. If the number of steel and/or other ornamental poles exceeds the number of such poles on which lights are mounted, there will be an additional charge of $5.30 per month for each such excess pole. Where two street lights with lamps of the same size are mounted on the same steel and/or other ornamental pole, Schedule B applies to one of the lights and Schedule A to the other. Group 2 Company installed, owned, operated, and maintained street lights mounted on steel or other omamental poles of a type normally used by Company and served underground, and Customer or developer has contributed to Company an amount equivalent to the difference between the total installed cost of the underground circuits serving the street lights and the total installed cost of overhead circuits. Where two street lights with lamps of the same size are mounted on the same steel and/or other ornamental pole, ~chedule B applies to one of tho lights an~l ~hedu~e ^ to the other. e2000 TXU Electdc Company Rate Schedules 36 Tariff for Electric Service TXU Electric Company 3.3 Municipal Service Applicable: Entire System Effective Date: March 1, 2000 Sheet: 3 Page 3 of 3 Revision: Three Schedule C* applies to: Group 1 Street lights installed for the use of Customer by Customer or by a governmental subdivision. All equipment replacement and maintenance is performed by Customer or the governmental subdivision. Company provides lamp replacement service only.which includes lamp and labor (unless otherwise requested in writing by Customer). Group 2 Company owned street lights mounted on steel or other ornamental poles of a type not normally used by Company, and Customer or a developer has contributed to Company an amount equivalent to the entire construction c~st of the street lighting facilities including luminaires and circuits. *Company operates all street lights under Schedule C (must be of a type suitable for use with the lamp sizes provided for herein) and makes all normal lamp replacements which includes lamp and labor at its expense. All other maintenance will be billed to Customer on the basis of actual costs including appropriate overhead expenses. Schedule D applies to: Customer operated and maintained street lights or where such lights are installed by a governmental subdivision for the use of Customer, and Company supplies only power and energy to Customer for the operation of the street lights. Rectangular, Post-Top and Historical apply to: Company installed, owned, operated, and maintained street lights mounted on steel or other ornamental poles of a type normally used by Company and served either overhead or underground. Conversion of Mercury Vapor LUminaires to Sodium Vapor Company will convert existing Company-owned mercury vapor luminaires to sodium vapor luminaires upon request of and payment by Customer of $73.00 for each luminaire to cover the labor cost of removal and Company's average unamortized investment in the mercury vapor luminaires. This charge is applicable to such conversions whether or not an agreement for electric service is in force, street light is active or inactive, or a customer change has taken or is taking place. Special Conditions For billing purposes the monthly street lighting burning hours are 333 and all connections and disconnections are assumed to have occurred at the beginning of the current month's billing pedod. Customer owned unmetered lamps other than those of the lamp sizes shown under Schedule D are billed under the metered rate and the amount of monthly energy is determined by multiplying the connected load (including ballast) by the number of burning hours. Company reserves the dght to discontinue service at locations where excessive maintenance and/or lamp replacement occur, or Company may charge customer for such maintenance and/or lamp replacements. Company makes all connections and disconnections to its distdbution system. Agreement An Agreement for Electdc Service is required. The term of all Agreements for Electric Service signed on or after March 1, 2000 shall be set to expire at midnight December 31, 2001 local Dallas, Texas time. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Electric Service. e2000 TXU Electric Company Rate Schedules 37 Tariff for Electric Service TXU Electric Company 3.4 Other Applicable: Entire System Effective Date: March 1, 2000 Sheet: 3 Page 1 of 2 Revision: Three 3.4.3 Rate LPP - Non-Firm Energy Purchases from Qualifying Facilities Application Applicable to pumhases of nonfirm energy generated by qualifying facilities with a design capacity in excess of 100 kW (hereinafter Producer) in accordance with Substantive Rule 23.66 of the Public Utility Commission of Texas at one point of delivery and measured through one meter. Not applicable to any nonfirm energy purchase where rates, terms, or conditions differing from those required hereunder have been contracted by Company and qualifying facility. Type of Interconnection Three phase, 60 herlz, at the most available standard voltage as described in Company's Tariff for Electric Service. Monthly Rate Payable to Company by Producer Delivery Voltage I Customer Charge Secondary I $200.00 Primary $300.00 Transmission $600.00 Payable to Producer by Company The monthly payment to Producer for nonfirm energy is the sum of the products of the (decremental energy price plus 0.08¢) x (kWh delivered by Producer i~to Company's System), adjusted for losses, for each hour of the monthly billing period. Calculations for determining the per kWh decremental energy pdce payabl~ for nonfirm energy purchased under this rate schedule will be made after the fact on an hourly basis using the Company's economic dispatch model. All nonfirm energy purchases from qualifying facilities under this tariffwill be combined into a single hourly purchase for purposes of this calculation. For the purposes of this tariff, the price of fuel during periods without lignite backdown will be the Company's decramental gas cost. The price of fuel during periods with lignite backdown when ignition and flame stabilization fuel is not used will be based on the mining affiliate supplier's total operation and maintenance expense less labor for the 12 month period ending with the second month pdor to the current month. The price of fuel during periods with lignite backdown when ignition and flame stabilization fuel is used will be zero. Company will meter the kWh's delivered by the Producer into the Company's system and will adjust the metered kWh by the appropriate line loss factor for the interconnection voltage. The line loss factors used will be the same factors used in developing the Company's fuel cost tariff, Rider FC. Producer is responsible for any third party losses or transmission wheeling charges incurred in delivering energy into Company's system. Special Conditions Nonfirm energy purchases may be interrupted in case of a system or area emergency or when a hazardous condition exists if, in Company's sole judgment, the continuation of such purchases would contribute to the emergency or hazardous condition. In addition, nonflrm energy purchases may be intemJpted if, in Company's sole judgment, the continuation of such purchases would impair the ability of the Company to provide reliable service to its firm customers. Producer will pay interconnecfion costs. Intarconnecfion costs are the reasonable costs of connection, switching, transmission, distribution, safety provisions, engineering, and administrative costs incurred by the Company directly related to the installation of the physical facilities and computer modifications necessary to permit interconnected operations with Producer, to the extent such costs are in excess of the corresponding coats that the Company would have incurred if it had not engaged in interconnected operations, but instead generated an equivalent amount of electric energy itself. e2000 TXU Electdc Company Rate Schedules 41 3.4 Other Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet: 3 Page 2 of 2 Revision: Three Agreement An agreement for the purchase of nonfirm ene~'gy is required. The term of all agreements signed on or after March 1, 2000 shall be set to expire no later than midnight December 31, 2001 local Dallas, Texas time. Notice This rate is subject to the orders of regulatory bodies having jurisdiction and to the provisions of Company's Tariff for Electric Services. · e2000 TXU Electric Company Rate Schedules 42 3.4 Other Applicable: Entire System Effective Date: March 1, 2000 Tariff for Electric Service TXU Electric Company Sheet: 6 Page 1 of 2 Revision: Three 3.4.6 Rate SPP - Small Power Production Application Applicable to purchases of energy generated by qualifying small power production and cogeneration facilities with a design capacity of 100 kW or less (hereinafter Producer) in accordance with Substantive Rule 23.66 of the Public Utility Commission of Texas at one point of delivery and measured through one meter as specified below. Option A is applicable to Pmducera operating in parallel with Company interconnecting through a single meter that measures net consumption. Option B is applicable to Producers operating in parallel with Company interconnecting through two meters; one measuring net consumption and the other measuring net production. Option C is applicable to Producers interconnecting through two meters; one measuring all consumption by the Producer and the other measuring all production by the producer. Option D is applicable to Producers using renewable resources with an aggregate design capacity of 50 kW or less interconnecting through a single meter that runs forward and backward. Type of Interconnection Single or three phase, 60 hedz, at the most available primary distribution voltage or, at Company's option, at standard voltages as described in the Company's Tariff for Electric Service. Monthly Rate Payable to Company by Producer Service Option Customer Charge A $0.00 B $3b.00 C $~5.00 D $15.00 Payable to Producer by Company The monthly payment to Producer is the (average decremental energy price plus .08¢) X (kWh delivered by Producer into Company's system), adjusted for losses, for the monthly billing period. For the purposes of this tariff, the price of fuel during pedods without lignite backdown will be the Company's decremental gas cost. The price of fuel during periods with lignite backdown when ignition and flame stabilization fuel is not used will be based on the mining affiliate supplier's total operation and maintenance expense less labor for the 12 month period ending with the second month prior to the current month. The price of fuel during periods with lignite backdown when ignition and flame stabilization fuel is used will be zero. Company will meter the kWh's delivered by the producer into the Company's system and will adjust the metered kWh by the appropriate line loss factor for the interconnection voltage. The line loss factor used will be the same factors used in developing the Company's fuel cost tariff, Rider FC. Definitions Consumption is kW and kWh used by'Producer for a given billing period and is billed in accordance with the standard rate schedule applicable to the customer class to which ~he Producer belongs. Production is the kWh output of the qualifying facility. ©2000 TXU Electric Company Rate Schedules 47 Tariff for Electric Service TXU Electric Company 3.4 Other Applicable: Entire System Effective Date: March 1, 2000 Sheet: 6 Page 2 of 2 Revision: Three Agreement An Agreement for Electric Service is required. The term of the agreement shall not be less than one year if signed pdor to January 1, 2001 and shall not extend beyond midn ght December 31 2001 local Dallas, Texas time if signed on or after March 1, 2000. Notice Service hereunder is subject to the orders of regulatory bodies having jurisdiction and to the provisions of the Company's Tariff for Electric Service. ©2000 TXU Electdc Company Rate $checiules 48 ORDINANCE NO. AN ORDINANCE SUSPENDING TXU ELECTRIC COMPANY'S TARIFF FILING PURSUANT TO SUBSTANTIVE RULE 25.241 REQUESTING REVISIONS TO 27 OF ITS RETAIL RATES/RIDERS FOR SALES OF ELECTRIC SERVICE TO ITS CUSTOMERS IN THE CITY OF DENTON, TEXAS FILED ON JANUARY 25, 2000, FOR 90 DAYS BEYOND THE EFFECTIVE DATE TO PERMIT THE CITY TIME TO STUDY AND MAKE RECOMMENDATIONS REGARDING THE PROPOSED CHANGES; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; PROVIDING THE REASONS THEREFORE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 25, 2000, TXU Electric Company, hereinafter referred to as "TXU" filed with the City its TXU Electric Company's Tariff Filing Pursuant to Substantive Rule 25.241, requesting revisions to 27 of its retail rates/riders to modify, close, or delete certain existing tariffs effective March 1, 2000; and WHEREAS, it is reasonable for the City to review TXU's application to allow sufficient time for the City to determine how to address the company's filing; and WHEREAS, PURA Section 36.108(a)(1) grants the local regulating authority the right to suspend the effective date of proposed rate changes for up to 90 days; and WHEREAS, the City Council has determined that TXU's proposed tariff filing which would revise 27 of its retail rates and riders to its customers within the City should be suspended to a future date, to wit: to a time 90 days after the proposed effective date of March 1, 2000, for the following reasons: That the City Council of the City of Denton is charged with the duty of making a "reasonable determination" of rate base, expense, investment, and rate of return within the municipal boundaries of Denton; That Section 13.04(a) of the City Charter imposes a duty on the City Council to determine, fix, and regulate the charges, fares, or rates of all public utilities operating within the City; The City Council has not had sufficient time to analyze and study the proposed changes in tariffs and needs additional time to study, review, and make recommendations concerning the proposed changes; and That the City Council may, in order to reach a determination of the justness, reasonableness, .and propriety of such rate change, decide it will be necessary to employ rate experts to investigate and analyze such proposed rates and to advise and report to the City Council their findings concerning the proposed changes in tariffs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That, in accordance with §36.108(a)(1) of the Utilities Code (1999) and all other applicable laws, the proposed change in tariffs by TXU of the rates for electric services in the City be, and the same is hereby suspended for a period of 90 days after March 1, 2000, the date on which the schedule of proposed change in tariffs would otherwise have gone into effect, or until May 30, 2000 to permit adequate time to review and study the proposed changes. SECTION 2. That the City Manager is hereby directed to send a copy of this ordinance, which shall constitute a written statement of the City of Denton's reasons for suspending the operation of the revision of these rates, to officials of TXU. SECTION 3. That all of the declarations and findings contained in the preamble to this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. SECTION 4. That should any portion, section, or part of a section of this ordinance be declared invalid, inoperative, or void for any reason by a court of competent jurisdiction, such decision, opinion, or judgment shall in no way impair the remaining portions of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 5. That this ordinance shall take effect and be in fome from and after its passage, and it is so ordained. PASSED AND APPROVED this the __ day of ,2000. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: Page 2 HANDOUT TO COUNCIL 2/22/0 City of Denton ..Tax Abatement Application City of Denton City Manager's Office Denton, Texas 76201 (940) 349-8307 (940) 349-8596 FAX 11 1. Property Owner APPLICATION FOR TAX ABATEMENT CITY OF DENTON, TEXAS Company or Project Name Mailing Address Telephone IFax No. Contact Name Title Mailing Address Telephone Fax No. 2. Provide a chronology of plant openings, closing and relocations over the past 15 years. 3. Provide a record of mergers and financial restructuring during the past 15 years. 4. Will the occupants of the project be owner or lessee? If lessee, are occupancy commitments already existing? 5o Is the project a relocation of existing facility or a new facility to expand operations? If relocation, give current location. 12 6. If an existing Denton business, will project result in abandonment of existing facility? If so, the value of the existing facility will be subtracted from the value of the new facility to arrive at total project value. 7. Property Des~;~iption. Attach a copy of the legal description detailing property's metes and bounds · Attach map of project including all roadways, land use and zoning within 500 feet of site. 8. Current Value. Attach copy of latest property tax statement from the Denton County Central Appraisal District (include both real and personal property). 9. Increased Value/Estimated Total Cost of Project. Structures $ Site Development $ Personal Property $ Other Improvements $ ~.. 10. Indicate amount of tax abatement and number, of years requested for each taxing entity. City of Denton .. Denton Independent School District Denton County years years years List any other financial incentives this project will request/receive Estimated Freeport Exemption $ Estimated Electric Utility Industrial Development Rider $ Estimated Water/Wastewater Infrastructure Assistance $ 11. Give a brief desctilaiion of the activities to be performed at this location, including a description of products to be produced and/or services to be provided. 13 $:~TAX ABATEMEN~TAX ABATEMENT POLICY 2000 - PROPOSED.do~ 12. Project Construction Phase A. Estimate percentage of project development and construction dollars to be spent with Denton based contractors or sub-contractors. Construction costs $ Percentage local contractors B. Construction Employment Estimates: Start Date (Mo/Yr) Completion Date (Mo/Yr) No. of Construction Jobs Estimated Total Construction Payroll $ C. Describe any off-site infrastructure requirements: · Water · Wastewater · Streets ' ' · Drainage · Other 14 13. Project Operation Phase. Provide employment information for the number of years tax abatement is requested. At Project Existing Start Date At Term of Employment Information Operation (mo/yr) Abatement (if applicable) A. Total number of permanent, full-time jobs B. Employees transferred from outside Denton C. Net permanent full-time jobs (A. minus B.) D Pemantage of net jobs (C;) filled by Denton residents E. Total annual payroll for all permanent, full-time jobs (A.) · F. TYPes of jobs cre~ted. List the job titles and number of positions in each category that will be employed at the facility. Provide average wage for each category. G. Estimate annual utility usage for project: Electric $ Water $ Wastewater $ Gas $ 14. Describe any other direct benefits to the City of Denton as a result of this project (e.g., sales tax revenue or project elements identified in Tax Abatement Policy, Section III). 15 S:\T,~X ABATEMENISTAX ABATEI~TNT POLICY 2000 - PROPOSED.doe 15. Is property zoned appropriately? Yes No Crating. zoning. Zoning required for proposed project. Anticipated variances. 16. Is property platted? Yes No Will replatting be necessary Yes No 17. Discuss any environmental impacts created by the project. A. List any permits for which applicant must apPly. Applicant will be required to provide City with copies of all applications for environmental permits upon completion of application(s). B. Provide record of compliance to all environmental regulations for the past five years. 18. Provide specific detail of any businesses/residents that will be displaced and assistance that will be available from the requesting company. 19. Provide description of any historically significant area included within the project's area as determined by the Historic preservation Officer. If any, give detail of how the historically significant area will be preserved. Justification for Tax Abatement Request: Substantiate and more fully describe the justification for this request. Include the amotmt of the abatement requested and show how it will contribute to the financial viability of the project. Submit attachments if necessary. 16 20. S:~TAX ABATE/vIE2,~TAX ABATF. MENT POLICY 2000 - PROPOSED,doc 21. List _~dditional abatement factors to be considered for this project as outlined on pages 3 and 4 of the tax abatement policy. 22. Financial Information: Attach a copy of the latest audited financial statement or, in the case ora new project, a business plan. This tax abatement application is submitted with the acknowledgement that additional certified financial information may 'be required. Authorized Signature Date: 17