HomeMy WebLinkAboutJune 21, 2011 AgendaAGENDA
CITY OF DENTON CITY COUNCIL
June 211, ?O11
After deterinining that a quoniin is present, the City Council of the City of Denton, Texas will
convene in a Worlc Session on Tuesday, June ? 1, 21011 at 3:00 p.m. in the Council Worlc Session
Room at City Hall, 2115 E. McILiiuiey Street, Denton, TeYas at wluch the following items will be
considered:
WORIL SESSION
L Citizen Coininents on Consent Agenda Iteins
Tlus section of the agenda allows citizens to speak on Consent Agenda Items oiily. Each
spealcer will be given a total of three (3) minutes to address any items he/she wishes that
are listed on the Consent Agenda. A Request to Spealc Card should be coinpleted and
returned to the City Secretary before Council considers this itein.
Requests for clarification of agenda items listed on the agenda for June 211, 2011.
3. Receive a report, hold a discussion and give staff direction regarding redistricting of city
council districts as a result of the 20 10 census.
4. Receive a report, hold a discussion and give staff direction regarding the outcoine of the
2011 State Le(yislative Pro~ram of the City of Denton durin~ the 82"d Texas Le~islat~ire,
including future legislative issues and strategies.
5. Receive a report, hold a discussion and give staff direction regarding Board and
Commission nominations, ad hoc committee nominations, and council committee
nominations.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific iteins when these iteins are listed below under the Closed Meeting
section of tlus 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 and will convene at
the time listed below for its regular or special called meetintly. 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 GOVERNIVMENT CODE, as amended, as set forth below.
CLOSED MEETING
L Closed Meeting:
A. Certain Public Power Utilities Coinpetitive Matters - Under Texas Governinent
Code Section 551.086; Consultation with Attorneys - Under Texas Governinent
Code Section 551.071.
1. Receive a status report and further presentation from staff regarding public
power competitive and financial matters re~ardin~ the possible
constniction and installation of a state-of-the-art coinbined heat and power
(CHP) tri-generation station for the City to be located in the industrial
district in the City of Denton, Texas; discuss deliberate, consider and
City of Denton City Council Agenda
June 211, ?O11
Page ?
provide staff with direction regarding saine. Receive a briefing froin and a
further consultation with the City's attorneys regarding legal issues
conceriung the possible constniction and installation of a combined heat
and power (CHP) tri-generation station for the City in the industrial
district in the City of Denton, Texas; and discuss, deliberate and provide
the City's attorneys with direction and any recommendations regarding
such legal matter. A public discussion of tlus legal matter would conflict
with the duty of the City's Attorneys to the City Council under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas.
B. Deliberations regarding consultation with the City Attorney - Under TeYas
Governinent Code Section 551.071, Deliberations regarding Econoinic
Developinent Negotiations - Under Texas Governinent Code Section 551.087.
1. Receive a report and hold a discussion regarding legal issues on matters in
which the duty of the attorney to the governinental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with the provisions of the TeYas Open Meetings Act,
Chapter 551 of the TeYas Goveriunent Code. Also hold a discussion
regarding granting econoinic developinent incentives to a property owner
for the purpose of developing an industrial parlc in the industrially zoned
area north of Airport Road and west of I-35. Tlus discussion shall include
commercial and financial iiiformation the City Council has received from
the property owner which the City Council seelcs to have develop in or
near the territory of the city, and with which the City Council is
conducting economic development negotiations; including the offer of
financial or other incentives
2. Receive a report and hold a discussion regarding legal issues on matters in
wluch the duty of the attorney to the goveriunental body under the TeYas
Disciplinary Rules of Professional Conduct of the State Bar of TeYas
clearly conflicts with the provisions of the Texas Open Meetings Act,
Chapter 551 of the Texas Government Code. Also hold a discussion
regarding granting economic development incentives to a property owner
for the purpose of redeveloping a maj or retail facility in the City of
Denton, located at Loop 288 and I-35E. This discussion shall include
commercial and financial information the City Council has received from
the property owner wluch the City Council seelcs to have the property
redeveloped in or near the territory of the city, and with wluch the City
Council is conductint', economic development netlyotiations; includin"; the
offer of financial or other incentives.
3. Receive a report and hold a discussion regarding legal issues on matters in
which the duty of the attorney to the governinental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of TeYas
clearly conflicts with the provisions of the Texas Open Meetings Act,
Chapter 551 of the TeYas Goveriunent Code. Also hold a discussion
regarding granting economic development incentives for the purpose of
developing locating a light manufacturing/asseinbly facility on Loop 288
City of Denton City Council Agenda
June 211, ?O11
Page 3
and Russell Newman Blvd. This discussion shall include commercial and
financial iiiformation the City Council has received from the property
owner which the City Council seelcs to have the coinpany locate, stay, or
eYpand in or near the territory of the city, and with wluch the City Council
is conducting economic development negotiations; including the offer of
financial or other incentives.
C. Deliberations regarding Personnel Matters - Under Texas Governinent Code
Section 551.074.
Deliberate and discuss the appointment and duties of public officers to
boards or coininissions exercising discretionary or nile inalcing power as
opposed to purely advisory powers, which includes without limitation the
Health and Building Standards Commission, the Historic Landmarlc
Coininission, the Planning and Zoning Coininission, and the Zoning Board
of Adjustment.
D. Consultation with Attorneys - Under TeYas Goveriunent Code Section 551.071.
Consult with, and provide direction to, the City's attorneys regarding legal
issues associated with revisions to the City's pretreatinent prograin
regulating discharges into the City's saiutary wastewater systein, where a
public discussion of these legal matters would conflict with the duty of the
City's attorneys to the City Council of the City of Denton and the City of
Denton under the TeYas Disciplinary Rules of Professional Conduct of the
State Bar of Texas.
2. Consult with and provide direction to, the City's attorneys regarding legal
issues associated with the re-districting process of City Council district
boundaries as a result of the 2010 census, where a public discussion of
these legal matters would conflict with the duty of the City's attorneys to
the City Council of the City of Denton and the City of Denton under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of
TeYas.
E. Deliberations regarding Real Property - Under TeYas Goveriunent Code Section
551.072; Consultation with Attorneys - Under Texas Governinent Code Section
551.071.
Discuss, deliberate, and receive iiiformation from staff and provide staff
with direction pertainint', to the acquisition or the condemnation of a fee
simple tract, a temporary constniction easement tract, and a public utility
easement tract for the Maylull Road Wideiung and linprovements proj ect,
affecting real property tract in the M. Forrest Survey, Abstract No. 417, in
the City and County of Denton, TeYas. Consultation with the City's
attorneys regarding legal issues associated with the acquisition or
condemnation of the tracts referenced above where a public discussion of
these legal inatters would conflict with the duty of the City's attorneys to
the Denton City Council under the TeYas Rules of Disciplinary Conduct of
the State Bar of Texas, or would jeopardize the City's legal position in any
admiiustrative proceedings or potential litigation.
City of Denton City Council Agenda
June 211, ?O11
Page 4
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED 1N A
CLOSED MEETING WILL ONLY BE TAILEN 1N AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVERNIVMENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAILEN IN THE CLOSED
MEETING IN ACCORDANCE WITH THE PROVISIONS OF §551.086 OF THE TEXAS
GOVERNIVIENT CODE (THE `PUBLIC POWER EXCEPTION'). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOLJRN 1NT0 A CLOSED MEETING OR EXECUTIVE
SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, §551.001, ET SEO. (THE TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION §551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
Regular Meeting of the City of Denton City Council at 6:30 p.m. in the Council Chainbers at
City Hall, 215 E. McILinney Street, Denton, Texas at which the following iteins will be
considered:
REGULAR MEETING
1. PLEDGE OF ALLEGIANCE
A. U. S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one state under God, one and
indivisible."
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
1. Presentation of the Heart and Strolce Healthy City Award from the TeYas
Council on Cardiovascular Disease and Strolce.
2. Presentation of Top 100 Fleet Award.
3. CONSENT AGENDA
Each of these iteins is recoininended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or lus designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda Items A- J). Tlus listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no iteins are pulled, Consent Agenda Iteins A- J below will be approved with one inotion. If
items are pulled for separate discussion, they may be considered as the first items following
approval of the C onsent Agenda.
City of Denton City Council Agenda
June 211, ?O11
Page 5
A. Consider approval of a resolution noininating a ineinber to the Board of Managers
of the Denco Area 9-1-1 District; and declaring an effective date.
B. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas, approving a grant application froin Brandon Martino froin the Downtown
liicentive Grant Program not to eYCeed $15,000; and providing for an effective
date. The Economic Development Partnerslup Board recommends approval
(7-0).
C. Consider adoption of an ordinance of the City Council of the City of Denton,
TeYas, approving a grant application from Joe Northern from the Downtown
Incentive Grant Prograin not to exceed $5,000; and providing for an effective
date. The Econoinic Developinent Partnership Board recoininends denial (7-0).
D. Consider approval of a resolution of the City of Denton, TeYas approving the
creation of a mural as a public art project; pursuant to the City of Denton Public
Art policy approved by Ordinance 2006-105, and funded with Hotel Tax revenues
previously authorized and encumbered for eYpenditure to such purposes; and
declaring an effective date. The Parlcs, Recreation and Beautification Board
recoininends approval (6-0).
E. Consider adoption of an ordinance authorizing a Professional Services Agreement
for Appraisal Services and ROW Acquisition Services by and between AR/WS
Texas LP, and the City of Denton for services regarding the procurement and
delivery of land rights for the Denton Municipal Electric 691cV ILings Row to
Spencer Transmission Line Upgrade Project (Phase II); in a not-to-eYCeed amount
of $381,800.00. The Public Utilities Board recommends approval (4-0).
F. Consider adoption of an ordinance of the City of Denton, Texas, ainending Article
V, entitled "Direct and liidirect Discharge into Saiutary Wastewater Systein" of
Chapter 26, "Utilities", of the Code of Ordinances of the City of Denton, TeYas,
related to discharge into the sanitary wastewater system; providing the purpose
and scope of the ordinance; providing definitions; providing for adininistration of
program; providing procedures for abatement of violations; providing for
penalties; providing for determination of the character and concentration of
wastewater; providint', for approval of plans, issuance of permits and certification
of final inspections; providint', for inspections; providint', rights of access to
industrial user records; providing for right of entry to users' property; providing
affirmative defenses; providing for bypass; providing for public participation;
requiring connection to the sanitary sewer; providing for the prohibition of dry
closets; providing for the constniction of sanitary sewers and connections;
providing for owner responsibility for maintenance of saiutary sewer service
lines; requiring compliance with building regulations; prolubiting certain
discharges into the publicly owned treatment works; providing for specific
pollutant limitations; prohibitin~ discharge of waters not containin~ wastewater to
the wastewater system; prolubiting discharge of polluted water to any storm sewer
or natural outlet; providing for the installation of traps regarding certain
discharges; requiring perinits of wastewater discharges froin transport tniclcs;
requiring permits for significant industrial users to connect to the wastewater
City of Denton City Council Agenda
June 211, ?O11
Page 6
system; providing procedures for obtaining permits; providing for suspension or
revocation of permits and the effect thereof; providing for reinstatement of
suspended or revolced permits; requiring necessary pretreatment of wastewater by
significant industrial users; requirint', control manholes; providing for a surchart"e
for abnormal strength wastewater; providing for the effect of the united states
code of federal regulations; providing a savings clause; providing a misdemeanor
penalty not to eYCeed $2,000 per day for violations of tlus ordinance; providing a
civil penalty not to exceed $5,000 per day for violations of this ordinance,
together with other designated legal and equitable remedies that are available to
the city; and providing for an effective date. The Public Utilities Board
recommends approval (4-0).
G. Consider approval of a resolution of the City Council of the City of Denton,
TeYas, committing to the continuation of adequate funding for implementation of
the City of Denton Enviroiunental Protection Agency approved pretreatment
prograin; and providing an effective date. The Public Utilities Board recoininends
approval (4-0).
H. Consider approval of a resolution of the City of Denton to designate the Loop 288
project west of IH-35 (from IH-35 to IH-35W) to the State Highway Systein; and
providing an effective date.
L Consider approval of a resolution re-appointing a member to the Board of
Directors of the Texas Municipal Power Agency, a Joint Powers Agency,
representing the City of Denton, Texas; and declaring an effective date.
J. Consider approval of the minutes of:
May 17, 2011
May 24, 2011
June 6, 20 11
4. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval of a resolution nominating a representative to the Board of
Directors of the Denton Central Appraisal District; and declaring an effective
date.
B. Consider a request for an eYCeption to the Noise Ordinance for the hours of
operation for the purpose of an event with live music on Saturday, July 9, 2011, at
1000 Myrtle Street. The exception is requested for extension of the hours of
operation for amplified sound from 10:00 p.m. to midnight. The level of sound is
to remain at the allowable 70 decibels. Staff recommends deiual of the eYCeption
to the Noise Ordinance based on the number of noise complaints received by the
Denton Police Departinent, in connection with this address, since March 1, 2011.
5. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or recitation
City of Denton City Council Agenda
June 21, 2011
Page 7
of policy, or accept a proposal to place the matter on the agenda for an upcoming
meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of 2011 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE 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
AGENDA DATE.,: June 21, 2011
DEPARTMENT: Legal Department
CM/DCM/ACM: Anita Burgess, City Attorney
SUBJECT: Receive a report, hold a discussion, and give staff direction regarding redistricting
plans for the City of Denton City Council districts as a result of the 2010 census.
BACKGROUND: On April 1.9, 2011, the law firm of Bickerstaff Heath Delgado Acosta LLP
presented their initial assessment for redistricting in consideration of the 2010 Census data.
Their conclusion was that a population imbalance exists which will require redistricting of the
City Councilmember districts. Since the presentation of the initial assessment, draft plans have
been prepared for the Council's consideration, copies of which are attached. Robert Heath, a
partner of the law firm, will be giving a presentation to the Council concerning the draft plans,
and staff seeks Council's input and direction regarding the plans.
Per request of the Council, we have prepared a Five-Year American Community Survey Chart
showing citizen population data for the City.
Respectfully submitted,
A 11A i . (.,rt ti a
Anita Burgess, City Attorney
Attachments:
L Draft Plans A and B for City Council Districts.
2. Current Council Districts map.
3. Five-Year American Community Survey Chart.
SALegal\Our DOCUmentsNiscellaneousA 1\062111 AIS Redistricting Work session ttem.doc
City of Denton
Draft Plan A
Summary 2010 Census Total and Voting Age Population
District
Persons
Deviation
Hispanic %
of Total
Population
Non-Hispanic
Anglo %
of Total
Population
Non-Hispanic
Black %
of Total
Population
Non-Hispanic
Asian %
of Total
Population
Non-Hispanic
Other %
of Total
Population
1
29,521
3.78%
29.65%
47.68%
16.47%
3.19%
3.02%
2
26,923
-5.35%
20.57%
67.77%
7.23%
1.70%
2.72%
3
27,699
-2.62%
15.94%
65.71%
8.44%
7.31%
2.63%
4
29,637
4.19%
18.40%
67.40%
7.54%
3.92%
2.75%
Totals
113,780
1 1
21.23%
61.96%
10.01%
4.03%
2.79%
Ideal Size = 113,780 / 4 = 28,445 per district.
Total Maximum Deviation = 4.19% - (-5.35%) = 9.54%
Some percentages may be subject to rounding error.
District
Total VAP*
Hispanic %
of Total VAP
Non-Hispanic
Anglo /o
of Total VAP
Non-Hispanic
Black /o
of Total VAP
Non-Hispanic
Asian /o
of Total VAP
Non-Hispanic
Other /o
of Total VAP
1
23,124
24.93%
52.11%
16.80%
3.55%
2.60%
2
20,954
17.00%
72.33%
6.73%
1.80%
2.14%
3
24,570
14.14%
67.39%
8.75%
7.25%
2.47%
4
21,819
15.78%
71.05%
7.08%
3.97%
2.12%
Totals
90,467
17.96%
65.51%
9.94%
4.25%
2.34%
*Voting Age Population
Some percentages may be subject to rounding error.
6/12/2011
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Draft Plan B
Summary 2010 Census Total and Voting Age Population
DIStCICt
Persons
Deviation
Hispanic %
of Total
Population
Non-Hispanic
Anglo %
of Total
Population
Non-Hispanic
Black %
of Total
Population
Non-Hispanic
Asian %
of Total
Population
Non-Hispanic
Other %
of Total
Population
1
27,448
-3.51%
30.57%
46.28%
17.08%
3.04%
3.03%
2
27,165
-4.50%
20.97%
66.88%
7.53%
1.87%
2.77%
3
29,540
3.85%
15.64%
66.55%
8.18%
7.05%
2.60%
4
29,627
4.16%
18.41%
67.39%
7.55%
192%
2.75%
Totals
113,780
21.23%
61.96%
10.01%
4.03%
2.79%
Ideal Size = 113,780 / 4 = 28,445 per district.
Total Maximum Deviation = 4.16% - (4.5%) = 8.66%
Some percentages may be subject to rounding error.
District
Total VAP*
Hispanic %
of Total VAP
Non-Hispanic
Anglo %
of Total VAP
Non-Hispanic
Black %
of Total VAP
Non-Hispanic
Asian %
of Total VAP
Non-Hispanic
Other %
of Total VAP
1
21,584
25.61%
50.96%
17.39%
3.43%
2.60%
2
20,799
17.47%
71.32%
7.09%
1.92%
2.19%
3
26,271
13.86%
68.28%
8.44%
7.00%
2.43%
4
21,813
15.79%
71.04%
7.08%
3.97%
2.12%
Totals
90,467
17.96%
65.51%
9.94%
4.25%
2.34%
*Voting Age Population
Some percentages may be subject to rounding error.
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AGENDA INFORMATION SHEET
AGENDA DATE: June 21, 2011
DEPARTMENT: General Government
CM/DCM/ACM: George Campbell, City Manager
SUBJECT:
Receive a report, hold a discussion and give staff direction regarding the outcome of the 2011
State Legislative Program of the City of Denton during the 82nd Texas Legislature, including
future legislative issues and strategies.
BACKGROUND:
The City of Denton compiled its key legislative issues into the 2011 State Legislative Program
for the 82nd Session of the Texas Legislature. This Program was adopted by City Council on
December 7, 2010. The Program consists of issues anticipated to be considered by the Texas
Legislature, primarily related to state initiatives that impact city finances, development and land
use, rights-of-way, regional transportation, utility, and public safety issues.
The 82nd Texas Legislature faced such a massive, unprecedented budget deficit - some $27
billion - that making cuts and passing a balanced budget took nearly all its energy. How to
apportion those cuts across school districts - and other important issues like congressional
redistricting and hurricane insurance - got postponed until the last moment and simply died. As
a result, the Governor called a special session the very next day after sine die. That special
session is underway as of the preparation of this report.
The Important Numbers
In the 2011 session, lawmakers filed fewer bills than in previous sessions. All told, 6,303 bills
and proposed constitutional amendments were filed. Compare that to 7,609 bills in 2009, a
decrease of more than 20 percent. Even with that decrease, the volume of bills that could affect
city authority was massive. At one point we were tracking about 800 bills that could have had
some impact to Denton. Also, in 2009, lawmakers passed 19.3 percent of bills filed, but this year,
22.4 percent made the cut. So, while fewer bills were filed this session, percentage-wise more
bills passed. For city-related bills, the success rate was slightly higher than last session: roughly
11 percent. That sometimes means bad news for cities, since the lion's share of the city-related
bills would have harmed municipal authority in some way. In this session, however, cities
remained relatively unscathed.
Total Bills
Total Bills
City-Related Bills
City-Related
ear
Introduced*
Passed
Introduced
Bills Passed
F1993114,56o 1,o89 8oo+ 140+
F1995115,147 F1, 101 118oo+ 140+
ADA/EOE/ADEA www.citvofdenton.com JDD 800-735-2989)
6/16/11 82nd Legislature and Denton's Legislative Program Page 2 of 5
F1997115,741 1,100+ 130+
[1,502
~1
11999 5908 1,638 1,230+ 130+
F2O01]15,712 F1,621 1,200+ 150+
F2OO3115,754 1,403 1,200+ 110+
F2OO5115,369 F1,397 1,200+ 105+
F 007 6,374 1495 1,200+ 120+
F2O09]17,6og 1,468 1,500+ 120+
F011 6,303 1,410 1,500+ 160+
*Includes bills and proposed Constitutional amendments; regular session only.
SOURCE: Texas Municipal League (June 2011)
Positive Legislative Outcomes for Denton
Overall cities had a very successful session in what proved to be a very turbulent session. As
anticipated cities once again faced the very real threat of having local budgeting authority eroded by
introduction of appraisal and revenue cap measures. Denton worked with the overall "local
government" team to successfully oppose these measures. Proposals that would have negatively
impacted the ability of cities to manage and set their budgets were defeated. It appears our message
relating to the harm that these measures can produce at the local level are beginning to resonate with
elected officials in Austin. Despite this success, proponents of "revenue caps" in particular have
vowed to continue to push for these changes.
Overall, the City of Denton pushed two proactive measures - authority for comprehensive development
agreement ("CDA") relating to the I-35E expansion project, and a bracketed bill providing authority
for Denton Municipal Electric to sell natural gas from a combined heating and power facility. I am
happy to report we were successful in achieving both of these measures, as discussed below.
How Did Denton Fare?
Understanding how cities fared this recent regular session begins and ends with the state budget. What
relatively little (compared to nearly every other state) funding Texas cities receive from the state, a bit
over $200 million per year, was cut by approximately 35 percent. Below is a more detailed description
of the reduction in state funding to cities in the next biennium. For Denton, the most significant impact
is an approximate $153,094 reduction in Mixed Beverage Tax revenue and $45,375 reduction in our
library budget due to the Library Resource Sharing and Local Library Aid cuts. The elimination of this
funding will be devastating to many public libraries in Texas, as the funding from the state helps local
municipal governments offset operation and maintenance costs to provide library services to their
communities. Since the inception of the Loan Star Libraries Grant Program in FY 2005, the Denton
Public Library has received approximately $242,245 over the seven years of the program, and $45,375
in FY 2011.The rest of the cuts are more missed opportunities for Denton to apply for these state
grants, but will not have a direct impact to our budget.
ADA/EOE/ADEA www.citvoflenton.com JDD 800-735-2989)
6/16/11 82`1 Legislature and Denton's Legislative Program Page 3 of 5
Denton also worked with other cities and counties to achieve a proactive amendment to the state fiscal
matters bill both during the regular and special sessions that will restore current level funding within
the state mixed beverage tax allocation for the next budget cycle.
H.B. 1 State Budget
Budget Item
CCR HBl
2010-2011 appropriated
Change
Mixed Beverage Tax
246,020,807
261,255,000
-52,000,000
Library Resource
Sharing
14,534,904
24,594,393
-10,059,489
Local Library Aid
9,720,097
29,684,263
-19,964,166
Local Parks Grants
881,460
36,212,430
-35,330,970
Major Events Tru st
Fund
0
25,000,000
-25,000,000
Automobile Theft
Prevention
29,823,740
15,214,355
14,609,385
TCEQ Solid Waste
Grants 15,806,890 27,674,640 -5,933,879
-133,679,119
While these cuts are painful, so much attention was focused on the budget that legislators either had
little desire to pass otherwise harmful city legislation, or else they felt that the budget cuts were enough
punishment to mete out for one biennium. Either way, the fact remains: cities dodged most of the
harmful bills thrown our way.
Harmful Legislation Avoided
For example, no bills passed that would have imposed harmful revenue caps or appraisal caps, though
many such bills were filed. Further, the heavy budget deficit made this the ideal session for the state
to raise the $82 state traffic tax on municipal court convictions, yet that didn't happen either. No
seriously harmful statewide land use bills passed, although a significant eminent domain reform bill
did pass (see S.B. 18 info below), but for the most part the language in this bill was agreed to by cities.
Other harmful legislation relating to tree mitigation, digital billboards, and sales tax on off-road
vehicles died as well. Unfortunately, many these issues will probably be back.
A bill relating to election dates, S.B. 100, could affect our May city election date. The bill preserves
the May election date for cities in all years, but compressed primary deadlines during even-numbered
years may make cooperation with county election officials difficult, by not requiring them to contract
with cities on even numbered years for use of the electronic voting machines. However, preliminary
ADA/EOE/ADEA www.city4denton.com JDD 800-735-2989)
6/16/11 82`1 Legislature and Denton's Legislative Program Page 4 of 5
discussion with the Denton County Elections Office appears that this will not be a problem in Denton
County. So, it seems we may not have to move our city election date from May to November. There
has been some discussion that this measure is being considered for veto or amendment during the
current special session.
The governor made eminent domain an emergency item and ultimately S.B. 18 (Estes/Geren) was
enacted. S.B. 18 was the culmination of three sessions worth of negotiations and efforts by
stakeholders to achieve a bill that just about everyone (including most cities) signed off on. The bill
requires entities to show a strong "public purpose" when using eminent domain. It also adds a number
of landowner protections and safeguards. However, the anticipated impact on cities is expected to be
minimal because the authorized uses cover the most likely areas cities are expected to use this
authority. The bill does require all entities with eminent domain power to provide a letter to the
Comptroller by December 31, 2012 identifying their authority to use eminent domain power or such
authority will expire (TML is working on a draft letter for cities to utilize with regards to this
requirement). This bill takes effect September 1, 2011.
Transportation
The Texas Department of Transportation (TxDOT) Sunset Bill, HB 1420, that passed had an
amendment on it that allowed comprehensive development agreement (CDA) authority to TxDOT on a
handful of projects. CDA's, also commonly referred to as public-private-partnerships, allow
transportation projects to be built sooner through the availability of private equity. Fortunately, the I-35
E widening project was one of those projects, so TxDOT can begin to prepare this project for CDA
contracting. Consistent with past sessions the ability to use CDA authority generated a great deal of
debate and a number of projects that sought CDA authority were not ultimately granted that ability.
Also, the state budget included a vital appropriation that will allow Texas to tap into the remaining $3
billion of Proposition 12 bonds that were approved by the public in 2007. TxDOT also received an
appropriation to continue its efforts to develop and implement a State Rail Plan. Other legislation
improved the flexibility of Transportation Reinvestment Zones (TRZs) for cities and counties.
The Denton County Transportation Authority (DCTA) passed a bill, SB 1422, which will allow them
to enforce their fares. It also allows DCTA to work with cities in Denton County that want to join
DCTA, but do not have the one-half sales tax available to join. These cities will be able to create a type
of TRZ and dedicate those funds to DCTA. These TRZ's can only be used in those cities that are not
currently paying members of DCTA.
Denton Municipal Electric
This year, public power faced the most challenging session of the Texas Legislature that we have seen
in over a decade. However, the outcome was positive and local control was preserved for publicly
owned electric providers and a number of negative legislative proposals were defeated. As previously
noted, Denton Municipal Electric was successful in the passage of a bill, SB 1230, that will allow them
to sell natural gas to industrial customers in an industrially zoned area near the Denton Airport. DME
is investigating the cost-effectiveness of a CUP facility within Denton that has the potential to attract
major industrial customers which in turn will drive positive economic development, create jobs, and
expand the tax base. The Denton Legislative Delegation, specifically Sen. Estes and Rep. Crownover,
did a wonderful job of bringing the stakeholders to the table to address issues raised by the private
ADA/EOE/ADEA www.city4denton.com JDD 800-735-2989)
6/16/11 82`1 Legislature and Denton's Legislative Program Page 5 of 5
sector stakeholders. In the end our bill authors were able to produce a bill that accomplished our goals
while also addressing all of the concerns raised by industry.
Additionally, DME was successful in defeating a number of detrimental proposals that would have
mandated electric discounts for certain customers, such as public schools and universities, opened
Municipally Owned Utilities (MOUs) up to electric competition, and required specific levels of certain
types of renewable power generation. Finally, DME worked to keep negative provisions from being
included in the PUC Sunset legislation. Ultimately, the PUC Sunset bill failed to pass for the second
consecutive session, so it will be on the next session's agenda to try a third time to pass a sunset bill on
this important state agency. Failure of the PUC Sunset bill ensures that the interim and next session
will include an active debate on utility issues.
Special Session
Due to the failure of the Legislature to pass the state fiscal matters bill in the closing days and hours of
the regular session, the Governor was forced to immediately call the Legislature into a special session.
The fiscal matters bill was imperative because the budget passed by the Legislature does not balance
without the passage of some of the key measures contained in the proposal. Cities have been
monitoring the activities and participating when the opportunity or need arises, such as seeking the
beneficial mixed beverage tax amendment. In addition to the fiscal matters and public education
related reforms, the Governor also included "sanctuary cities" within the call and that legislation (SB
9) is expected to pass.
Vetoed Legislation
The governor has until June 19, 2011 to sign bills, veto them, or let them become law without his
signature. As of the preparation of this report, the governor has vetoed only one bill (HB 2403 the
"Amazon Bill"). This bill would have required the remittance of state and local sales taxes if online
retailers maintained distribution centers within Texas. We expect to be able to update you with other
vetoes on the date of the presentation since they will likely occur closer to the deadline.
RECOMMENDATION
Continue to work with Texas Municipal League, our legislative consultants, and other cities in
monitoring proposed legislation in Special Called Sessions. Also, participate in legislative interim
hearings and studies in preparation for the 83rd Texas Legislative Session.
PRIOR ACTION/REVIEW (Council, Boards, Commission):
None
FISCAL INFORMATION:
None
Respectfully submitted:
-~L C-,
John Cabrales Jr.
Public Information/Intergovernmental Relations Officer
ADA/EOE/ADEA www.cityofdenton.com (TDD 800-735-2989)
AGENDA INFORMATION SHEET
AGENDA DATE: June 21, 2011
DEPARTMENT: City Manager's Office
CM: George Campbell, City Manager
SUBJECT
Receive a report, hold a discussion and give staff direction regarding Board and
Commission nominations, ad hoc committee nominations, and council committee
nominations.
BACKGROUND
Any nominations submitted to the City Secretary for consideration during the Work
Session will be distributed to Council prior to the Work Session on June 21st As noted
on the agenda, Council may adjourn into Closed Session to discuss the appointment and
duties of public officers to boards or commissions exercising discretionary or rile making
power which includes without limitation the Health and Building Standards Commission,
Historic Landmark Commission, Planning and Zoning Commission, and the Zoning
Board of Adjustment.
In addition, Council Committee appointments are posted for consideration. The Planning
Department has indicated that the Development Code Review Committee is no longer
active and suggests that it be deleted as a permanent standing committee. Attached is a
list of current committee assignments with Council Member Roden's name substituted
for former Council Member Heggins. Council Member Roden has expressed an interest
in the Mobility Committee, Committee on the Environment, Audit/Finance Committee,
Community Justice Council, Convention and Visitors Bureau and the Property
Maintenance Code Committee.
The City Manager will submit a separate memorandum regarding the potential
membership of an advisory group for development of the Phase 11 gas well ordinance
amendments as soon as it is completed.
If you require any further information, please let me know.
Respectfully submitted:
Jennifer Walters
City Secretary
COUNCIL COMMITTEE ASSIGNMENTS
2010-2011
COMMITTEE
MEMBERS
Agenda
Burroughs`
Kamp
Airport Committee
Engelbrecht`
Kamp
Watts
Audit/Finance
King
Watts`
Burroughs
Council Appointee Performance Review
Engelbrecht`
Roden
Burroughs
Mobility
Kamp`
Burroughs
Gregory
Environment
Watts
Kamp`
Gregory
Ethics
Engelbrecht
Roden
No chair-has not met for several years
Gregory
Hotel Occupancy Tax
Gregory
Watts
Kamp`
EXTE
RNAL
Community Justice
Roden
Convention and Visitors Bureau
Kamp
Roden
Kin
Dallas Regional Mobility Coalition
Kamp
Lake Ray Roberts P&Z
Engelbrecht
North Texas Commission
Burroughs
Regional Transportation Council
Kamp
Tarrant Regional Transportation
Coalition
Gregory
Texas Municipal Power Agency
Watts
AD
HOC
Development Code Review
King
Burroughs
No chair at this time-no longer meeting
Engelbrecht
Property Maintenance Code Committee
Roden
Watts`
Kin
AGENDA INFORMATION SHEET
AGENDA DATE: June 21, 2011
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider approval of a Resolution nominating a member to the Board of Managers of the
Denco Area 9-1-1 District; and declaring an effective date.
BACKGROUND
The Denco Area 9-1-1 District, created in 1987, is governed by a board of managers.
The board is appointed by the county, participating cities and the Denton County Fire
Chief s Association. Board members serve staggered two-year terms and are eligible for
reappointment. The Emergency Telephone Number Act states:
"the board shall manage, control and administer the district. The board
may adopt rules for the operation of the district. "
On May 9, 2011, Denco Area 9-1-1 sent a memo (attached) requesting nominations to
serve on the Board of Managers, which was provided to Council May 27, 2011, as an
Informal Staff Report.
Last year, the City nominated Harlan Jefferson to serve another term on the Board. This
year, the term of, Olive Stephens, Town of Shady Shores, expires on September 30, 2011.
Ms. Stephens has expressed her desire to serve another term if appointed. The City has
nominated Ms. Stephens to serve on the board since 1987.
The current Board of Managers is comprised of the following individuals:
Board Member
Jack Miller, Chair
Mayor Olive Stephens, Vice Chair
Chief Lonnie Tatum, Secretary
Harlan Jefferson
Bill Lawrence
Keith Stephens
Appointed By Term Expires
Denton County Commissioners Court 9/30/2012
Denton County Participating City 9/30/2011
Denton County Fire Chiefs Association 9/30/2011
Denton County Participating City 9/30/2012
Denton Countv Commissioners Court 9/30/2012
Largest Telephone Service Provider Rep. Non-voting
Agenda Information Sheet
June 21, 2011
Page 2
RECOMMENDATION
Staff recommends nomination of Ms. Olive Stephens since she has expressed a desire to
serve another term.
ESTIMATED SCHEDULE OF PROJECT
Nominations are due to Denco on or before July 15, 2011. On July 18, 2011, the District
will send copies of nominations to each city for consideration, requesting the city to vote
for one of the nominees. The Denco Board of Managers will count the votes from the
responding cities. The candidate with the most votes will be the municipalities'
representative to the Denco Area 9-1-1 District Board of Managers for the two-year term
beginning October 1, 2011.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Ms. Stephens has served on the Board since 1987.
FISCAL INFORMATION
This resolution has no fiscal impact.
EXHIBITS
Memo from Denco
Resolution
Respectfully submitted:
4 5~~
Bryan Langley
Chief Financial Officer
E 6 II
Denco Area 9-1 -1 District
1075 Princeton Street Lewisville, TX 75067 = Mailing: PO BOX 293058 Lewisville, TX 75029-3058
Phone. 972-221-0911 Fax: 972-420-0709
TO: Denco Area 9-1-1 District Participating Jurisdictions
FROM: Mark Payne, Executive Director
DATE: May 9, 2011
RE: Appointment to the Denco Area 9-1-1 District Board of Managers
Chapter 772, Texas Health and Safety Code, provides for the Denco Area 9-1-1 District Board of
Managers to have "two members appointed jointly by all the participating municipalities located in whole
or part of the district". The enclosed resolution, approved by the district's board of managers
February 4, 1999, explains the procedure for appointing municipalities' representative to the board of
managers.
Each year the term of one of the two members appointed by participating municipalities expires. This
year, the term of Olive Stephens (mayor, Town of Shady Shores 1973 - 2011), expires September 30,
2011. Members are eligible for consecutive terms. Ms. Stephens has expressed her desire to serve
another term, if appointed. Enclosed is Ms. Stephens r6sum6 and a list of the current board members.
In order to coordinate the appointment among 34 participating municipalities, the district requests the
following actions by the governing bodies of each city/town:
1. If your city/town would like to nominate a candidate to represent the municipalities on the
Denco Board of Managers, please send a letter of nomination and/or r6sum6 of the
candidate to the Denco Area 9-1-1 District office. Nominations must reach the Denco
Area 9-1-1 District on or before July 15, 2011. No nominations shall be considered after
that date.
2. On July 18, 2011, the district will send copies of nominations to each city/town for
consideration, requesting the city/town to vote for one of the nominees.
3. At its regular meeting on September 8, 2011, the Denco Board of Managers will count the
votes from responding cities. The candidate with the most votes will be the municipalities'
representative to the Denco Area 9-1-1 District Board of Managers for the two-year term
beginning October 1, 2011.
Please mail nominations and r6sum6s to the Denco Area 9-1-1 District, P.O. Box 293058, Lewisville,
TX 75029-3058. You may also email your response to Carla Flowers at dowers Adenco.org.
If you have any questions, please do not hesitate to call me at 972-221-0911.
Thank you for your support of the Denco Area 9-1-1 District.
c: Denco Area 9-1-1 District Board of Managers
Enclosures
www.denco.org
DENCO AREA 9-1-1 DISTRICT
RESOLUTION
DEFINING PROCEDURE FOR APPOINTMENT OF PARTICIPATING
MUNICIPALITIES' REPRESENTATIVE TO THE DISTRICT BOARD OF MANAGERS.
WHEREAS, Chapter 772, Texas Health and Safety Code provides for the Denco Area 9-1-1 District
Board of Managers to have "two members appointed jointly by all the participating municipalities
located in whole or part of the district."; and
WHEREAS, each member serves a term of two years beginning on October 1 St of the year member is
appointed; and
WHEREAS, one member representing participating municipalities is appointed each year.
NOW, THEREFORE BE IT RESOLVED BY THE DENCO AREA 9-1-1 DISTRICT BOARD OF
MANAGERS:
The procedure for participating municipalities to appoint a representative to the Denco Area 9-1-1
District Board of Managers shall be the following:
3.
4.
Prior to May 15th of each year, the executive director shall send a written notice to the
mayor of each participating municipality advising that nominations are open for one of the
municipal representatives to the Denco Area 9-1-1 District Board of Managers until July
15th of that same year. The notice shall advise the mayors that, for a nomination to be
considered, written notification of council action must be received at the Denco office
prior to 5:00 p.m. on July 15th of that year. No nominations shall be considered after that
time.
On July 16'h of each year, the executive director shall send written notice to the mayor of
each participating municipality providing the slate of nominees to be considered for
appointment to the Denco Area 9-1-1 District Board of Managers for the term beginning
October 1St. The notice shall advise the mayor that the city council shall vote, by
resolution from such city, for one of the nominees. Written notice of the council's
selection must be received at the district office by 5.00 p.m. on September 15th. No
notice will be accepted after that time.
The one nominee with the most votes received by the deadline will be the municipality
representative appointed for the two-year term beginning October 1St
If there is a tie between two candidates with the most votes, a runoff election will be held
immediately with the candidate receiving the most votes serving the remainder of the
term. The incumbent representative shall serve in that position,until replaced.
APPROVED and ADOPTED on this 4th day of Februa
of Managers
Secretary, Board of 'Managers
Olive Stephens
101 Lakeshore Road
Shady Shores, Texas 76205
April 2011
a Owned and operated a Ceramic Mold Business: 1965 through 1985
® Denton County Extension Service: 23 years- Held all offices on county level and served as
District Director on the state level. (The name of this organization has been changed to
Extension Homemakers Association.)
a Board of Directors American Cancer Society: Served 20 years
a Board of Directors United Way: Served 20 years
a Denton County Historical Commission: Member 16 years
a Lake Cities Chamber of Commerce: Member since 1974
® Denton county Transportation Plan Project /Lewisville Lake Toll bridge planning committee:
Served as Secretary of the board and served on the subcommittee.
a Member of Denton County Mayor's Association: since 1979
a Served on Committee to Organize the Lake Cities Library - 1975
a Served on the Committee for 9-1-1 Services -1989
® Currently Serving on the Denco Area 9-1-1 Board : 1990-present
a Town of Shady Shores Town Council 1963 through 1973
0 Town of Shady Shores, Mayor: Elected 1973- Currently serving 38a' year
ernco Area -1-1 District or of Managers
Y11
Jack Miller, Chairman
® Appointed by Denton County Commissioners Court
® Member since October 2000
® Term expires September 2012
® Former mayor and council member of Denton
® Self-employed as a human resource manager
Mayor Olive Stephens, Vice Chair
® Appointed by member cities in Denton County
® Member since 1987
® Term expires September 2011
® Mayor, Town of Shady Shores
Chief Lonnie Tatum, Secretary
® Appointed by Denton County Fire Chief's Association
® Member since May 2004
® Term expires September 2011
is Fire Chief, City of Highland Village
Harlan Jefferson
® Appointed by member cities in Denton County
® Member since November 1998
® Term expires September 2012
® Town Manager, Town of Flower Mound
Bill Lawrence
® Appointed by Denton County Commissioners Court
® Member since October 2006
® Term expires September 2012
® Former Mayor of Highland Village
® Businessman, Highland Village
Keith Stephens
is Non-voting member appointed by largest telephone company (Verizon)
® Member since 2004
® Serves until replaced by telephone company
® Manager, Region Network Reliability, Verizon
All voting members serve two-year terms and are eligible for re-appointment.
S:AAdmin\Board of Managers\Board of l`/ianagers General Information\Denco Board Roster FY2011.doc
Council Resolution No.
A RESOLUTION NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF
THE DENCO AREA 9-1-1 DISTRICT.
WHEREAS, Section 772, Health and Safety Code, provides that two voting members of
the Board of Managers of an Emergency Communications District shall be appointed
jointly by all cities and towns lying wholly or partly within the District;
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY / TOWN OF
TEXAS:
Section 1
The City / Town of hereby
nominates
as a member of the Board of
Managers for the Denco Area 9-1-1 Emergency Communication District.
Section 2
That this resolution shall become effective immediately upon its passage and approval.
PASSED AND APPROVED this the
day of
, 2011.
Mayor
City / Town of
ATTEST:
City / Town Secretary
APPROVED AS TO FORM:
City / Town Attorney
s:Alegal\our documents\resolutions\11\2011 - 911 nominate member.doc
RESOLUTION NO.
A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE
DENCO AREA 9-1-1 DISTRICT; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the term of office of Olive Stephens, Town of Shady Shores, a member of the
Board of Managers of the Denco 9-1-1 District, will expire on September 30, 2011; and
WHEREAS, Section 772.306(c)(2) of the Health and Safety Code (V.A.C.S.) provides that
two voting members of the Board of Managers of an Emergency Communication District shall be
appointed jointly by participating municipalities located in whole or in part in the District; and
WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City of Denton, Texas hereby nominates Olive Stephens as a member to
the Board of Managers for the Denco Area 9-1-1 Emergency Communication District of Denton
County for a two-year term to commence October 1, 2011.
SECTION 2. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE: June 21, 2011
DEPARTMENT: Economic Development
All
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a
grant application from Brandon Martino from the Downtown Incentive Grant Program not to
exceed $15,000; and providing for an effective date. (The Economic Development Partnership
Board recommends approval 7-0.)
BACKGROUND
City Council approved the Downtown Incentive Reimbursement Grant Program on April 3,
2007. The 2010-11 program received $50,000 from the General Fund. To date, $40,000 has
been granted by City Council for 2010-11, leaving a balance of $10,000. Awarding this $15,000
grant request will exceed the existing balance. In the past, City Council indicated they would
consider eligible projects that exceeded the allotted annual $50,000, if additional funds could be
identified. There is a balance of $27,935 from unawarded Downtown Incentive Reimbursement
Grants from fiscal year 2009-2010. If Council deems appropriate, these funds could be used for
projects during FY 2010-2011.
Applicant: Brandon Martino Denton, Texas
Mr. Martino is the owner of 217 E. Hickory Street; the building has been leased to Martha
Jensen, who plans to open a second franchise of Mellow Mushroom Pizza. Her first store is in
Fort Worth, near Texas Christian University. Mr. Martino's request is for facade improvements,
awnings and utility upgrades.
This building is located on E. Hickory between Travelstead and Cellar 22. Most recently, the
building was leased to Garbage King.
ESTIMATED SCHEUDLE FOR PROJECT
The project should be completed by spring of 2012.
PRIOR ACTION/REVIEW
On April 4, 2011 the Downtown Task Force reviewed the grant application and recommended a
grant in the amount of $15,000 for facade improvements and impact fees. The motion was
approved 10-0.
Agenda Information Sheet
June 21, 2011
Page 2
FISCAL INFORMATION
The total cost of the project is $700,000. A $15,000 grant represents a return on investment of
$1:$45.
EXHIBITS
Grant application
Ordinance
Agreement
Respectfully submitted
Julie Glover
Economic Development Program Administrator
llcodadldepartmentsllegahour documentslordinances\l 11217 e. hickory ramarson, Ilc ord.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING A GRANT APPLICATION FROM BRANDON MARTINO FROM THE
DOWNTOWN INCENTIVE GRANT PROGRAM NOT TO EXCEED $15,000; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 3, 2007, the City Council approved a Downtown Incentive
Reimbursement Program by Ordinance No. 2007-072; and
WHEREAS, Brandon Martino applied for a $15,000 grant; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby approves the request from
Brandon Martino for $15,000 from the Downtown Incentive Reimbursement Grant Program.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City, including the expenditure
of funds as provided in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
s:leconomicdevelopmentlincentivesldowntown grantagreementsl311 e. hickorylagreement original. doc
DOWNTOWN REIMBURSEMENT GRANT INCENTIVE AGREEMENT
This Downtown Reinvestment Grant Incentive Agreement (the "Agreement") is entered
into by and between the City of Denton, Texas (the "City"), duly acting herein by and through its
Mayor, and Brandon Martino, Owner of Vibe Investments, a Limited Liability Corporation (the
"Owner"), duly authorized to do business and in good standing in the State of Texas, duly acting
herein by and through its authorized officer.
WHEREAS, the City has adopted a resolution which provides that it elects to be eligible
to participate in downtown reinvestment grant incentives and has adopted guidelines and criteria
governing downtown reinvestment grant incentive agreements known as the Denton Downtown
Reinvestment Grant Incentive Program; and
WHEREAS, on the 3rd day of April, 2007, the City Council of Denton, Texas (the "City
Council") adopted the Denton Downtown Incentive Reimbursement Program (the "Program"), a
copy of which is on file in the City of Denton Economic Development Office and which is in-
corporated herein by reference; and
WHEREAS, the Denton Downtown Incentive Reimbursement Program Policy consti-
tutes appropriate "guidelines and criteria" governing downtown reinvestment grant incentive
agreements to be entered into by the City; and
WHEREAS, Owner will be the owner, as of the Effective Date (as hereinafter defined),
which status is a condition precedent, of certain real property, more particularly described in Ex-
hibit "A" attached hereto and incorporated herein by reference and made a part of this Agree-
ment for all purposes (the "Premises") as of the Effective Date; and
WHEREAS, on the 21St day of February, 2011, Owner submitted an application for rein-
vestment with various attachments to the City concerning the contemplated use of the Premises
(the "Application"), which is attached hereto and incorporated herein by reference as Exhibit
`B"• and
WHEREAS, the City Council finds that the contemplated use of the Premises, the Con-
templated Improvements (as hereinafter defined) to the Premises as set forth in this Agreement,
and the other terms hereof are consistent with encouraging development in accordance with the
purposes and are in compliance with the Ordinance and Program and similar guidelines and cri-
teria adopted by the City and all applicable law;
NOW, THEREFORE, the City and Owner for and in consideration of the premises and
the promises contained herein do hereby contract, covenant, and agree as follows:
1.
TERMS AND CONDITIONS OF REIMBURSEMENT
s:leconomic developmentlincentivesldowntown grant agreementOl l e. hickorylagreement original. doc
A. In consideration of and subject to the Owner meeting all the terms and conditions
of reimbursement set forth herein, the City hereby grants the following reimbursement:
I. A reimbursement in an amount not to exceed $6,500 attributable to new
capital investments, as hereinafter described, being constructed on the Premises.
B. A condition of the Reimbursement is that, by May 3, 2012 (subject to force maje-
ure delays not to exceed 180 days), a capital investment in the form of awnings and impact fees
as described in Exhibit "B" be constructed on the Premises. For the purposes of this paragraph,
the term "force majeure" shall mean any circumstance or any condition beyond the control of
Owner, as set forth in Section XXI "Force Majeure" which makes it impossible to meet the
above-mentioned thresholds.
C. The term "capital investment" is defined as the construction, renovation and
equipping of awnings, utility upgrades, fagade and entryway work, as described in Exhibit "C"
(the "Improvements on the Premises", the "Contemplated Improvements" or "Improvements") to
include costs related to the construction of the Improvements on the Premises.
D. A condition of the Reimbursement is that the Contemplated Improvements be
constructed and the Premises be used substantially in accordance with the description of the
project set forth in Exhibit "B".
E. Owner agrees to comply with all the terms and conditions set forth in this Agree-
ment.
II.
CONDITION OF REIMBURSEMENT
A. At the time of the award of the Reimbursement, all ad valorem real property taxes
with respect to said property owned within the City shall be current.
B. Prior to the award of the Reimbursement, Owner shall have constructed the Capi-
tal Improvements as specified in Exhibit "B".
III.
RECORDS AND EVALUATION OF PROJECT
A. The Owner shall provide access and authorize inspection of the Premises by City
employees and allow sufficient inspection of financial information related to construction of the
Improvements to insure that the Improvements are made and the thresholds are met according to
the specifications and conditions of this Agreement. Such inspections shall be done in a way that
will not interfere with Owner's business operations-
Page 2
saeconomic developmentkincentiweskdowntown grantagreements1311 e. hickorylagreement original.doc
IV.
GENERAL PROVISIONS
A. The City has determined that it has adopted guidelines and criteria for the Down-
town Reimbursement Grant Incentive Program agreements for the City to allow it to enter into
this Agreement containing the terms set forth herein.
B. The City has determined that procedures followed by the City conform to the re-
quirements of the Code and the Policy, and have been and will be undertaken in coordination
with Owner's corporate, public employee, and business relations requirements.
C. Neither the Premises nor any of the Improvements covered by this Agreement are
owned or leased by any member of the City Council, any member of the City Planning and Zon-
ing Commission of the City, or any member of the governing body of any taxing units joining in
or adopting this Agreement.
D. In the event of any conflict between the City zoning ordinances, or other City or-
dinances or regulations, and this Agreement, such ordinances or regulations shall control.
V.
NOTICE
All notices called for or required by this Agreement shall be addressed to the following,
or such other party or address as either party designated in writing, by certified mail postage pre-
pare, by hand delivery or via facsimile:
OWNER: CITY:
Brandon Martino George C. Campbell, City Manager
Vibe Investments, LLC City of Denton
101 N. Austin Street 215 East McKinney
Denton, Texas 76201 Denton, Texas 76201
Fax No. 940.349.8596
VI.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by the City Council by passage of an enabling ordinance
at its meeting on the 3rd day of May, 2011, authorizing the Mayor to execute this Agreement on
behalf of the City, a copy of which is attached hereto and incorporated herein by reference as
Exhibit "D".
Page 3
sAcconomic developmentlincentivesldowntown grant agreementO l E e. hiukorylagreement originai.doc
VII.
SEVERABIILTY
In the event any section, subsection, paragraph, sentence, phrase or word is held invalid,
illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and
shall be read as if the parties intended at all times to delete said invalid section, subsection, para-
graph, sentence, phrase, or word. In the event that (i) the term of the Reimbursement with re-
spect to any property is longer than allowed by law, or (ii) the Reimbursement applies to a
broader classification of property than is allowed by law, then the Reimbursement shall be valid
with respect to the classification of property abated hereunder, and the portion of the ten-n, that is
allowed by law.
VIII.
OWNER STANDING
Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any
litigation questioning or challenging the validity of this Agreement or any of the underlying or-
dinances, resolutions, or City Council actions authorizing same and Owner shall be entitled to
intervene in said litigation.
IX.
APPLICABLE LAW
This Agreement shall be construed under the laws of the State of Texas and is fully per-
formable in Denton County, Texas. Venue for any action under this Agreement shall be in Den-
ton County,
X.
ENTIRE AGREEMENT
This instrtarnent with the attached exhibits contains the entire agreement between the par-
ties with respect to the transaction contemplated in this Agreement.
XI.
BINDING
This Agreement shall be binding on the parties and the respective successors, assigns,
heirs, and legal representatives.
XII.
COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an orig-
inal, but all of which together shall constitute one and the same instrument.
Page 4
saeconomic develapmentlincentivesldowntown grant agreementsl311 e. hickory%greement original.doc
XIII.
SECTION AND OTHER HEADINGS
Section or other headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement.
XIV.
NO JOINT VENTURE
Nothing contained in this Agreement is intended by the parties to create a partnership or
joint venture between the parties, and any implication to the contrary is hereby disavowed.
XX.
AMENDMENT
This Agreement may be modified by the parties hereto to include other provisions which
could have originally been included in this Agreement or to delete provisions that were not orig-
inally necessary to this Agreement.
XXI.
FORCE MAJEURE
If, because of flood, fire, explosions, civil disturbances, strikes, war, acts of God, or other
causes beyond the control of either Party, either Party is not able to perform any or all of its obli-
gations under this Agreement, then the respective Party's obligations hereunder shall be sus-
pended during such period but for no longer than such period of time when the party is unable to
perform.
This Agreement is executed to be effective 30 days after the executed date of the
day of 2011, (the "Effective Date"} by duly authorized officials of the City
and Owner.
PASSED AND APPROVED this the day of )2011.
CITY OF DENTON
GEORGE C. CAMPBELL, CITY MANAGER
Page 5
sacconomic deve[opmenAincentiveAdowntown grant agreementO 11 e. hickorylagreement original.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
BRANDON MARTINO, OWNER,
VIBE INVESTMENTS, LLC
ATTEST:
BY.
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 George C. Campbell, City Manager for the City of Denton, 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 , 2011.
Notary Public in and for the
State of Texas
My Commission Expires:
Page 6
saeconotnic developmen6incentivesWowntown grant agreements1311 c. hickorylagreement original.doc
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 Brandon Martino, owner of Vibe Investments, LLC, 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 I '`day of~ , 2011.
A*e~IN
CHRISTINA DAVIS
Notary Publ1C, Slate of Texas
4 My Commission Expires
'~h l$FFty~ October 21, 2013
Notary Pu is in and for the
State of
My Commission Expires:
Page 7
Exhibit A
Legal description 217 E. Hickory
Al 184a H. Cisco, Tr 1.09, .1606 Acres, Old Dcad Tr 33
Exhibit B
DOWNTOWN INCENTIVE REIMBURSEMENT GRANT
PROGRAM APPLICATION
Please return completed with necessary attachments and signature to Downtown Development office, 215 E.
McKinney no later than 5 p.m. on the Monday prior to the 1" Wednesday of each month. If you have any
application questions, please contact the Downtown Project Coordinator at 940-349-7731. 11 you have any
building or sign permitthistoric preservation questions, please contact the historic Preservation COcer at
940-349-7732.
• Applicant Name ~doyl C4-+10 _ Date J "2D
♦ Business Name %rA&_r'(b'
• Mailing Addresss l o k V). LN r~ CIA. l3ttlh -+(A_L01
♦ Contact Phone t `I ' 1 ` S'?- B Email Address bMO d= _ dp t'! of
♦ Building Owner (ifdiffereat from applicant)
+ Historical/Current Building Name
♦ Physical Building Address 2=1a 1, ffit-k-I'M4
♦ T c of Work; (check all that apply)
/Fagade Rehabilitation -"'Fagade - Paint-only Awnings
_11signage _ZImpact Fee ! Utility
Upgrade
• Details of Planned Improvements for Downtown Incentive Reimbursement Grant:
(attach additional paper if necessary)
List Contractor/Project architect Proposals and Total Amounts (please altach original proposals):
1. Unle, (-'ra c.t I oz~ 0(X>
2.
+ TOTAL COST OF PROPOSED PROJECT: 0
♦ AMOUNT OF GRANT REQUMED (50% OF TOTAL COST ABOVE): 4 5
♦ Con lcte bud et detail form attached on page 13
Attach with all repired color samples ofpaint, awning/canopy, sign design, etc., as well as
pl►ntographs of budditrg's exterior facade, roof and foundation.
2q-
Applicant's Signature
Datae
if
10 of 12
S:lhrew:vr AbgMi~powntown Incerui~r cram irop~n wgdic.liuadee
HOW WILL THIS PROJECT BENEFIT DOWNTOVITI DENTON?
Y
4-0 b.]
BUDGET DETAIL ~ee- cttk,
PROJECT EXPEND iTE RES CITY FUNDS REQETESTED APPLICAN'T'S FUNDS -TOTAL
FACADE REHAB
AWNINGS/SIGNS
IMPACT FEES
UTILITY UPGRADES
TOTALS
ATTACH EXACT COLOR SAMPLES, MODEL NUMBERS (WINDOWS, DOORS, EX.), PHO'IOS AND/OR SKETCHES OF WORK
TO BE COMPLETED. PLEASE INCLUDE AS MUCH DETAIL AS POSSIBLE.
11 of 12
S"'"Mrtk p p'WV 'Dowmown IOOMile Pro11. Allk li du
DQWNTOWN INCENTIVE REIMBURSEMENT GRANT
AGREEMENT FORM
Please return completed with necessary attachments and signature to Downtown Development office, 215 E.
McKinney no later than 5 p.tn, on the Monday prior to the 1 x Wednesday of each month. If you have any
application questions, please contact the Downtown Project Coordinator at 940,349-7731, if you have any
building or sign permit/historic preservation questions, please contact the Historic Preservation Officer at
940-349-7732.
I have met with the Downtown Project Coordinator, and I fully understand the Downtown Incentive
Reimbursement Grant Procedures and Details established by the Denton City Council. I intend to use this
grant program for the aforementioned renovation projects to. forward the efforts of revitalization and
historic preservation of Denton's historic downtown. I have not received, nor will I receive insurance
monies for this revitalization project.
I have read the Downtown Incentive Reimbursement Grant Application Procedures including the
Downtown Incentive Reimbursement Grant Details.
I understand that if I am awarded a Downtown Incentive Reimbursement Grant by the Denton City
Council, any deviation from the approved project may result in the partial or total withdrawal of the
Downtown Incentive Reimbursement Grant. If I am awarded a reimbursement grant for fagade, awning
or sign work and the facade, sign or awning is altered for any reason within one (1) year from
construction, I may be required to reimburse the City of Denton immediately for the full amount of the
Downtown Incentive Reimbursement Grant.
Business/Qrganiz den Name
Applicant's Signature
J~Air C/02.7
Printed Name
/1/jc~s- i as, - 2,Z>,( 1
Date
Building Owner's Signature (if diereni from applicant) Printed Name Date
DTTF Signature (obtain signature at DTTF meeting) Recom wenda ion Date
EDPB Signature (obtain signature at EDPB meeting) Recommendation Date
12 of 12
.lh-ftti~cnw
vr.g.„,wPrFaricadec
Exhibit C
Cost for street improvements 217 East Hickory, Denton, Texas
CITY FEES
Water tap 2"
2500.00
Firewater tap 6"
3100.00
Sewer tap
2110.00
Water impact fee
27,200.00
Sewer impact fee
13,600.00
Total
48,600.00
CONSTRUCTION COST
Demo.
2350.00
Saw cut and removal of concrete
3500.00
Replace cont. Curb
1080.00
New walks
2475.00
Relocate downspouts under paving
825.00
Point masonry
1500.00
Paint
500.00
Lights and electrical
2100.00
Canopy
2640.00
Storefront
26,250.00
Sub total
43,220.00
Profit/O'head
6483.00
Total
49,703.00
AGENDA INFORMATION SHEET
AGENDA DATE: June 21, 2011
DEPARTMENT: Economic Development
ACM: Jon Fortune
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a
grant application from Joe Northern from the Downtown Incentive Grant Program not to exceed
$5,000; and providing for an effective date. (The Economic Development Partnership Board
recommends denial 7-0.)
BACKGROUND
City Council approved the Downtown Incentive Reimbursement Grant Program on April 3,
2007. The 2010-11 program received $50,000 from the General Fund. To date, $40,000 has
been granted by City Council for 2010-11. The Economic Development Partnership Board has
recommended an additional $15,000, which, if approved, leaves the fund at a negative $5,000.
In the past, City Council indicated they would consider eligible projects that exceeded the
allotted annual $50,000, if additional funds could be identified. There is a balance of $27,935
from unawarded Downtown Incentive Reimbursement Grants from fiscal year 2009-2010. If
Council deems appropriate, these funds could be used for projects during FY 2010-2011
Applicant: Joe Northern Flower Mound, Texas
Mr. Northern is the owner of 207 N. Bell Avenue. The Economic Development Partnership
Board and City Council previously approved a grant request for this same building, for the
restaurant owner, Sam Solomon, in the amount of $1,500 for awnings. Mr. Northern's request is
for facade improvements and utility upgrades.
This is the small yellow house located on the southern edge of the Denton Center for Visual Arts.
Until a few years ago, this building served as the office for the Greater Denton Arts Council;
most recently, it was a bail bonds office. When completed, it will house a seafood restaurant,
Hoochie's.
ESTIMATED SCHEUDLE FOR PROJECT
The project should be completed by the end of 2011.
Agenda Information Sheet
June 21, 2011
Page 2
PRIOR ACTION/REVIEW
On April 4, 2011 the Downtown Task Force reviewed the grant application and recommended a
grant in the amount of $5,000 for facade improvements and impact fees. The motion was
approved 6-3-1. On May 10, 2011, the Economic Development Partnership Board reviewed the
grant application. A motion was made and seconded to approve the grant; the motion failed 0-7.
FISCAL INFORMATION
The total cost of the project is $70,000. A $5,000 grant represents a return on investment of
$1:$14.
EXHIBITS
Grant application
Ordinance
Agreement
Respectfully submitted
Julie Glover
Economic Development Program Administrator
Ilcodadldcpa=entsllegahour documentslordinances1111207 n. bell joe northem orddoc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING A GRANT APPLICATION FROM JOE NORTHERN FROM THE
DOWNTOWN INCENTIVE GRANT PROGRAM NOT TO EXCEED $5,000; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on April 3, 2007, the City Council approved a Downtown Incentive
Reimbursement Program by Ordinance No. 2007-072; and
WHEREAS, Joe Northern applied for a $5,000 grant; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council of the City of Denton hereby approves the request from Joe
Northern for $5,000 from the Downtown Incentive Reimbursement Grant Program.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Agreement and to carry out the duties and responsibilities of the City, including the expenditure
of funds as provided in the Agreement.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
3
BY:
s:leconomic developmentlincentivesldowntown grant agreements1207 n, bell - building1207 bell agreement original. doc
DOWNTOWN REIMBURSEMENT GRANT INCENTIVE AGREEMENT
This Downtown Reinvestment Grant Incentive Agreement (the "Agreement") is entered
into by and between the City of Denton, Texas (the "City"), duly acting herein by and through its
Mayor, and Joe Northern, representing transit Center Investments, LLC (the "Grantee"), duly
authorized to do business and in good standing in the State of Texas, duly acting herein by and
through its authorized officer.
WHEREAS, the City has adopted a resolution which provides that it elects to be eligible
to participate in downtown reinvestment grant incentives and has adopted guidelines and criteria
governing downtown reinvestment grant incentive agreements known as the Denton Downtown
Reinvestment Grant Incentive Program; and
WHEREAS, on the 3rd day of April, 2007, the City Council of Denton, Texas (the "City
Council") adopted the Denton Downtown Incentive Reimbursement Program (the "Program"), a
copy of which is on file in the City of Denton Economic Development Office and which is in-
corporated herein by reference; and
WHEREAS, the Denton Downtown Incentive Reimbursement Program Policy consti-
tutes appropriate "guidelines and criteria" governing downtown reinvestment grant incentive
agreements to be entered into by the City; and
WHEREAS, Grantee will be the Owner, as of the Effective Date (as hereinafter defined),
which status is a condition precedent, of certain real property, more particularly described in Ex-
hibit "A" attached hereto and incorporated herein by reference and made a part of this Agree-
ment for all purposes (the "Premises") as of the Effective Date; and
WHEREAS, on the 3rd day of March, 2011, Owner submitted an application for rein-
vestment with various attachments to the City concerning the contemplated use of the Premises
(the "Application"), which is attached hereto and incorporated herein by reference as Exhibit
"B"• and
WHEREAS, the City Council fmds that the contemplated use of the Premises, the Con-
templated Improvements (as hereinafter defined) to the Premises as set forth in this Agreement,
and the other terms hereof are consistent with encouraging development in accordance with the
purposes and are in compliance with the Ordinance and Program and similar guidelines and cri-
teria adopted by the City and all applicable law;
NOW, THEREFORE, the City and Owner for and in consideration of the premises and
the promises contained herein do hereby contract, covenant, and agree as follows:
I.
saeconomic development%incentivesldowntown grantagreements1207 n. bell - building1207 bell agreement original. doc
TERMS AND CONDITIONS OF REIMBURSEMENT
A. In consideration of and subject to the Owner meeting all the terms and conditions
of reimbursement set forth herein, the City hereby grants the following reimbursement:
1. A reimbursement in an amount not to exceed $5,000 attributable to new
capital investments, as hereinafter described, being constructed on the Premises.
B. A condition of the Reimbursement is that, by June 21St , 2012 (subject to force
majeure delays not to exceed 180 days), a capital investment in the form of facade work and
utility upgrades, as described in Exhibit "B" be constructed on the Premises. For the purposes of
this paragraph, the term "force majeure" shall mean any circumstance or any condition beyond
the control of Owner, as set forth in Section XXI "Force Majeure" which makes it impossible to
meet the above-mentioned thresholds.
C. The term "capital investment" is defined as the construction, renovation and
equipping of facade work and utility upgrades, as described in Exhibit "C" (the "Improvements
on the Premises", the "Contemplated Improvements" or "Improvements") to include costs re-
lated to the construction of the Improvements on the Premises.
D. A condition of the Reimbursement is that the Contemplated Improvements be
constructed and the Premises be used substantially in accordance with the description of the
project set forth in Exhibit "B".
E. Owner agrees to comply with all the terms and conditions set forth in this Agree-
ment.
II.
CONDITION OF REIMBURSEMENT
A. At the time of the award of the Reimbursement, all ad valorem real property taxes
with respect to said property owned within the City shall be current.
B. Prior to the award of the Reimbursement, Grantee shall have constructed the Cap-
ital Improvements as specified in Exhibit "B".
III.
RECORDS AND EVALUATION OF PROJECT
A. The Owner shall provide access and authorize inspection of the Premises by City
employees and allow sufficient inspection of financial information related to construction of the
Improvements to insure that the Improvements are made and the thresholds are met according to
the specifications and conditions of this Agreement. Such inspections shall be done in a way that
will not interfere with Owner's business operations.
Page 2
saeconomic developmentlincentivesldowntown grant agreements1207 n. bell - building1207 bell agreement Orlglnal.doc
IV.
GENERAL PROVISIONS
A. The City has determined that it has adopted guidelines and criteria for the Down-
town Reimbursement Grant Incentive Program agreements for the City to allow it to enter into
this Agreement containing the terms set forth herein.
B. The City has determined that procedures followed by the City conform to the re-
quirements of the Code and the Policy, and have been and will be undertaken in coordination
with Owner's corporate, public employee, and business relations requirements.
C. Neither the Premises nor any of the Improvements covered by this Agreement are
owned or leased by any member of the City Council, any member of the City Planning and Zon-
ing Commission of the City, or any member of the governing body of any taxing units joining in
or adopting this Agreement.
D. In the event of any conflict between the City zoning ordinances, or other City or-
dinances or regulations, and this Agreement, such ordinances or regulations shall control.
V.
NOTICE
All notices called for or required by this Agreement shall be addressed to the following,
or such other party or address as either party designated in writing, by certified mail postage pre-
pare, by hand delivery or via facsimile:
GRANTEE: CITY:
Joe Northern George C. Campbell, City Manager
4601 Portsmouth Ct. City of Denton
Flower Mound, TX 75022 215 East McKinney
Denton, Texas 76201
Fax No. 940.349.8596
VI.
CITY COUNCIL AUTHORIZATION
This Agreement was authorized by the City Council by passage of an enabling ordinance
at its meeting on the 21St day of June, 2011, authorizing the Mayor to execute this Agreement on
behalf of the City, a copy of which is attached hereto and incorporated herein by reference as
Exhibit "D".
Page 3
s:leconomic developmenAincentivesldowntown grant agreements1207 n. bell - building1207 bell agreement orlglnal.doc
VII.
SEVERABIILTY
In the event any section, subsection, paragraph, sentence, phrase or word is held invalid,
illegal or unconstitutional, the balance of this Agreement shall stand, shall be enforceable and
shall be read as if the parties intended at all times to delete said invalid section, subsection, para-
graph, sentence, phrase, or word. In the event that (i) the term of the Reimbursement with re-
spect to any property is longer than allowed by law, or (ii) the Reimbursement applies to a
broader classification of property than is allowed by law, then the Reimbursement shall be valid
with respect to the classification of property abated hereunder, and the portion of the term, that is
allowed by law.
VIII.
OWNER STANDING
Owner, as a party to this Agreement, shall be deemed a proper and necessary party in any
litigation questioning or challenging the validity of this Agreement or any of the underlying or-
dinances, resolutions, or City Council actions authorizing same and Grantee shall be entitled to
intervene in said litigation.
IX.
APPLICABLE LAW
This Agreement shall be construed under the laws of the State of Texas and is fully per-
formable in Denton County, Texas. Venue for any action under this Agreement shall be in Den-
ton County,
X.
ENTIRE AGREEMENT
This instrument with the attached exhibits contains the entire agreement between the par-
ties with respect to the transaction contemplated in this Agreement.
XI.
BINDING
This Agreement shall be binding on the parties and the respective successors, assigns,
heirs, and legal representatives.
XII.
COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an orig-
inal, but all of which together shall constitute one and the same instrument.
Page 4
saeconomic developmentlincentivesldowntown grantagreements1207 n. bell - building1207 bell agreement Original. doe
XIII.
SECTION AND OTHER HEADINGS
Section or other headings contained in this Agreement are for reference purposes only
and shall not affect in any way the meaning or interpretation of this Agreement.
XIV.
NO JOINT VENTURE
Nothing contained in this Agreement is intended by the parties to create a partnership or
joint venture between the parties, and any implication to the contrary is hereby disavowed.
XX.
AMENDMENT
This Agreement may be modified by the parties hereto to include other provisions which
could have originally been included in this Agreement or to delete provisions that were not orig-
inally necessary to this Agreement.
XXI.
FORCE MAJEURE
If, because of flood, fire, explosions, civil disturbances, strikes, war, acts of God, or other
causes beyond the control of either Party, either Parry is not able to perform any or all of its obli-
gations under this Agreement, then the respective Party's obligations hereunder shall be sus-
pended during such period but for no longer than such period of time when the party is unable to
perform.
This Agreement is executed to be effective 30 days after the executed date of the
day of , 2011, (the "Effective Date") by duly authorized officials of the City
and Owner.
PASSED AND APPROVED this the day of 32011.
CITY OF DENTON
GEORGE C. CAMPBELL, CITY MANAGER
Page 5
saeconomic developmenNncentivesWowntown grant agreements1207 n. bell - building1207 bell agreement orlglnal.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
JOE N/ORTHERN, OWNER
ATTEST:
BY:
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 George C. Campbell, City Manager for the City of Denton, 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 , 2011.
Notary Public in and for the
State of Texas
My Commission Expires: _
Page 6
s:leconomic developmentlincentivesldowntown grantagreements1207 n. bell - building1207 bell agreement Original. doe
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 Joe Northern, Owner, 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 c ~ _Mday of 2011.
pp%Iy P4LINDA A. HOLLEY
ic. State of Texas
ission Expires
ber 13ai 20~
otariPublic in and for the
State of e 1 -Y
My Commission Expires:
Page 7
Exhibit A
LEGAL DESCRIPTION
207 N. Bell
The Arts Council Blk 1 Lot 1
Exhibit B
DOWNTOWN INCENTIVE REIMBURSEMENT GRANT
PROGRAM APPLICATION
Please return completed with necessary attachments and signature to Downtown Development office, 215 E.
McKinney no later than 5 p.m. on the Monday prior to the 1" Wednesday of each month. If you have any
application questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any
building or sign permit/historic preservation questions, please contact the Historic Preservation Officer at
940-349-7732.
♦ Applicant Name Date 3
♦ Business Name
♦
Mailing Address / k fl~ 151111-114
Contact Phone 2- ~ ~ brv Email
Building Owner (if different fram applicant)
Historical/Current Building Name %
L
♦ Physical Building Address k ~:;,10 -7 A-! - 1i
of Work (check all that apply)
♦ Type
Parade Rehabilitation
~Sr 1 G~
Facade - Paint-only Awnings
-Signage _ ]Impact Fee V Utility Upgrade
♦ Details of Planned Improvements for Downtown Incentive Reimbursement Grant:
attach additional paper if neces&ar )
List Contractor/Project architect Proposals and Total Amounts (please attach original proposals):
I.
2.
♦ TOTAL COST OF PROPOSED PRO.IEC
♦ AmoUNT OF GRAINT REQUESTED (50% OF TOTAL COST ABOVE): 72-,[r s -o - 42- Attach with all r color samples of paint, ing/canopy, sign design, etc., as well as photographs of
building's erior fa de, roof an a n.
in~►is~~C~iDate
D
f ~a
7
10 of 11
S Uncentive Program\Downtown Incentive Grant Program Applieation.doc
DOWNTOWN INCENTIVE REIMBURSEMENT GRANT
AGREEMENT FORM
Please return completed with necessary attachments and signature to Downtown Development office, 215 E.
McKinney no later than 5 p.m. on the Monday prior to the l~` Wednesday of each month. If you have any
application questions, please contact the Downtown Project Coordinator at 940-349-7731. If you have any
building or sign permitthistoric preservation questions, please contact the Historic Preservation Officer at
940-349-7732.
I have met with the Downtown Project Coordinator, and I fully understand the Downtown Incentive
Reimbursement Grant Procedures and Details established by the Denton City Council. I intend to use this
grant program for the aforementioned renovation projects to forward the efforts of revitalization and
historic preservation of Demon's historic downtown. I have not received, nor will I receive insurance
monies for this revitalization project.
I have read the Downtown Incentive Reimbursement Grant Application Procedures including the
Downtown Incentive Reimbursement Grant Details.
I understand that if I am awarded a Downtown Incentive Reimbursement Grant by the Denton City
Council, any deviation from the approved project may result in the partial or total withdrawal of the
Downtown Incentive Reimbursement Grant. If I am awarded a reimbursement grant for facade, awning
or sign work and the fagade, sign or awning is altered for any reason within one (1) year from
construction, I may be required to reimburse the City of Denton immediately for the full amount of the
Downtown Incentive Reimbursement Grant.
station Na '
store Printed Name
Date
Date
's Signatdrie (if different from applicant) Printed Name
DTTF Signature (obtain signature atDTTF meeting) Recommendation Date
EDPB Signature (obtain signature at EDPB meeting) Recommendation Date
11 of 11
S:Un"mwe Progmmn Doccmtoxm Incentive GrW Program AppfinWndoc
_l
,.I
I
HOW WILL THIS PROJECT BENEFIT DOWNTOWN DENTON?
SiE
BUDGET DETAIL t ch 4,,, ~ e ('T vi 1 ri. ~LIV V~v r
PROJECT EXPENDITURES
CITY FUNDS REQUESTED
APPLICANT'S FUNDS
TOTAL
FACADE REHAB
~l ®
`
J 05'
l
/
AWNINGS/SIGNS
IMPACTFEES
IJ"TILTI"S' UPGRADES
/ 2- Z
2- ZS, 5 -0
J3 z- YS-1
TOTALS
ATTACH EXACT COLOR SAMPLES, MODEL NUMBERS (WINDOWS, DOORS, ETC.), PHOTOS AND/OR SKETCHES OF WORK
TO BE COMPLETED. PLEASE INCLUDE AS MUCH DETAIL AS POSSIBLE.
11 of 12
&'Immytive Progr=Zomtow Ince tiv Grit Program ApplicaWn&c
The yellow house at 213 E. Mulberry previously housed a bail bond company. We are proposing to
renovate the house to allow a Hoochie`s Seafood Restaurant. In addition to this property being adjacent
to the Downtown Transit Center, it is also the gateway to the Hickory Street Arts Corridor, and we feel
that a renovated building, in conjunction with an upgrade to a restaurant use would improve the overall
appearance/attractiveness of the area. It will also provide an additional dining option for the burgeoning
downtown area.
862602
PURCHASE ORDER
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Date-
Janus 17, 210 11
Sub j ect:
J 04 B :1 Ave- enton T Remo del i d
Hoopes
°304 B ell Ave. Denton TX
Remodel Bid
1. st&U 20 mp single phase ser ce.
3. Install 14 olt 50anV plug for kettle.
3. Instafl -140volt supply for the walk in freezer.
4. Install 6 outdoor floodlights..
5. IhsW -14 oft pav er for vent hood system..
6. Inst 1 1-2 olt kitchen outlets.
7. Install poorer and install 6 ceiling Ems.
S. Install 2 -240v41t lines fbr heaters on deck-
9 , Install power for outsi .e sign on time clock.
10. Inshi1l lights and plugs on deck.
11. Remove all eiectricity from waUs to he removed.
11 Install. lights in new ceiling ' 'I dining room..
*ALL WORK WILL BE INSPECTED BY THE CITY OF DEN TON*
TOTAL PRICE 11,421. DO
(Price includes Parts, Labor and Tax)
Tlmnk You,
J ohnny Day
214-686-2348
r
RICHARD WRIGHT
C-ON CTO
Reference: 207 Forth Bell
Dentory Texas
PHASE I
TE ? NO. 1: LEENJEL STRUCTURE
Adjust and reinforce existing piers and
beams as required to support and level
struc:cure 600.00
ITEM NO. 2 DEMO
Demo galls and ceilings as proposed in
drawings. Haul trash. 2000.00
PHASE 11
ITEM NO. 3: ROUGH--IN, FRAMING
`deconstruct interior 'rough frame) structure
as proposed.
Labor 4000,00
Material-- 1500.00
ITEM NO. 4: ELECTRICAL
Rough--in as proposed by Johnnv Day 11~ 5 7C. ~t~
ITEM, NO. w : PLUMBING
Rough-;.n plumbing as proposed
ITEM NO, 6: HVAC
Rough-in FVAC ',1ni-- to boss.- ex-sting :.apac.it, 4000 orj
IT EM NO. : 1Xe.33ULAT?,,)N
Instal (Closed Ceil ) foam in staid and z:aa Ler•
cavities. [To be determined based on exposed
areas.I E t.: 3500.00
PHASE III
ITEM NO. 8: FINISH WALL AND CEILING
[To be determined.]
(A)
Walls
(B)
Textures
(C)
Paint
(D)
Trim
ITEM NO. 9: FINISH FLOORS
[To be determined.]
(A) Tile
(B) Wood
(C) Vinyl
ITEM NO. 10: FINISH ELECTRICAL
Plumbing and HVAC - [To be determined.]
ITEM NO. 11: DECK
Construct deck area (Approximately 1300 s.f.) as
proposed. Construct ramp for access. Construct
deck for refrigerated unit.
Labor 4500.00
Materials 4500.00
ITEM NO. 12: DECK COVER
(A) Structure
(B) Type of Cover
[To be determined.]
ITEM NO. 13: CONTRACTOR FEE
-2~fl Percent
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Jim Robertson Construction
214 707 0684
Bid on building located at 207 N. Bell Avenue, Denton Tx.
03/20/2011
1. Remove all interior walls., reinforce all load bearing areas. Provide dumpster
$2,000.00
2. General construction for building out interior, to include moving bathrooms , build
out service and salsa bars, restructuring all ceiling/ wall areas as necessary to include
materials and labor.
$11,000.00
3. Replace/Repair damaged exterior components (Facade) to include entrance ramp,
damaged wood,
lattice, synthetic turf, doors and frames.
$9,000,00
3a. Complete construction of North and West facing decks to include labor and materials
$10,000.00
Total Facade Cost $19,000.00
4. Replace windows
$3500.00
5. Roof replacement (if necessary)
$12,500.00
6. Foundation repair
$3,000.00
7. Repaint Exterior
$3000.00
TOTALS $53,000.00 including materials, labor, and taxes
Terms: 50% prior to start, and 50% at completion. Bid good for 30 days from March 20,
2011
*Although demo may begin anytime, interior and deck construction cannot begin until foundation
work is complete
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AGENDA INFORMATION SHEET
AGENDA DATE: June 21, 2011
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Consider approval of a resolution of the City of Denton, Texas approving the creation of a mural
as a public art project; pursuant to the City of Denton Public Art policy approved by Ordinance
2006-105, and funded with Hotel Tax revenues previously authorized and encumbered for
expenditure to such purposes; and declaring an effective date. The Parks, Recreation and
Beautification Board recommend approval with a vote of 6-0.
BACKGROUND
The public art project will consist of a mural to be painted on an exterior stucco wall,
approximately 12' tall x 22' wide. The mural will be reflective of the dynamic city of Denton
and its cultural heritage. The mural will be painted and durable and, with proper maintenance,
will wear well over time.
Local artists Rusty and Bailey Chapman (sisters) and Ryan Gaker are being recommended to paint
the mural. The three local artists are recent graduates of the University of North Texas. Their vision
statement for this piece is "where ever a train stops, a town grows". The mural will integrate
Denton's past with the future by creating a window into Denton's past with a scene of the old
train depot.
The mural is to be located on the east side of the Center for Visual Arts Building and visible to
individuals using the city's new intermodal center. The Public Art Policy requires that City
owned public art be located on City property. The City owns the Center for Visual Arts building
and leases it to the Greater Denton Art Council.
RECOMMENDATION
Staff recommends City Council approve the Parks, Recreation and Beautification Board's
support of the Public Art Committees' recommendation for a historic outdoor mural on the east
side of the Center for the Visual Arts.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Public Art Committee made recommendation of artist on May 12, 2011 with a vote of 6-0.
Parks, Recreation and Beautification Board made recommendation of the concept on June 6,
2011 with a vote of 6-0.
FISCAL INFORMATION
The mural will cost $19,500 and is budgeted in HOT Funds for Public Art.
Agenda Information Sheet
2011 Public Art Project - Center for Visual Arts Building Mural
June 21, 2011
Page 2
EXHIBITS
1. Public Art Committee Meeting Minutes of May 19, 2011
2. Parks, Recreation and Beautification Board Meeting Minutes of June 6, 2011
3. Resolution
Respectfully submitted:
&'Mat.-
Emerson Vorel
Director
Submitted by:
tllll~
Janie McLeod
Community Events Coordinator
Public Art Committee Minutes
May 19, 2011
Members present Robyn Lee, Carol Collins, Joy Siegmund, Carol Phillips, Jo Williams and Justin
Rouhier. Members absent: Jack Davis and Billie Mohair. Ex Officio present: Margaret Chalfant.
Staff present: Janie McLeod. Guests: Karla Morton.
Chair Jo Williams called the meeting to order at 4:20 p.m. Williams introduced Karla K. Morton as
a guest to the meeting and the author of the poems being reviewed.
APPROVAL OF MINUTES OF MARCH 10, 2011. The minutes were approved by a motion
made by Siegmund and seconded by Collins. The vote was 6-0.
ACTION ITEMS
Approve the Artist for the Mural - Williams reported that there eight applications submitted for the
mural on the side of the Visual Arts Center. The subcommittee recommended local artists Rusty
and Bailey Chapman (sisters) and Ryan Gaker to paint the mural. The three local artists are recent
graduates of UNT. Their vision statement for this piece is "Where ever a train stops, a town
grows". The mural will integrate Denton's past with the new future by creating a window into
Denton's past with a scene of the old train depot. The mural will be an optical illusion and draw
the observer into the scene so that they will feel lil.e they are a part of historical Denton.
A motion was made by Siegmund and seconded by Phillips to recommend Rusty and Bailey
Chapman and Ryan Gaker to paint the historic mural on the side of the Center for the Visual Arts
building. The motion was approved by a vote of 6-0.
Selection of Artists for the Illustrate(l Poems - Williams reported that there had been 21
applications submitted and 17 Nyere bein,, recommended to the Committee.
The subcomnuttee had paired artists to a poem based on the sample works the artists had submitted.
Each artist will be assigned a poem and create a new art piece to illustration their poem(s). Samples
of each artist's works were rev -dewed by the Committee as Ms. Morton read the poem that was being
recommended to go with that artist.
The artists selected are: Deanna Wood, David Blow, Lynne Richards, Earnest Benton, Tom Judd,
Naomi Adams, Diane Waller-Gladney, Dawn Swepston, Seraluna Sanchez, Scott Wright, Fran
Shurtleff, Teri Muse, Lvnn Cox, Owen Richards, Taylor McClure, Tom Norris and Christie Wood.
Williams will contact each of the artists and assign a poem to them.
Lee made a motion to accept the subcommittees' recommendation of the artists and Phillips
seconded the motion. The motion was approved by a vote of 6-0.
The selection of the illustrated poems will be reviewed by the Public Art Committee during the July
meeting and then by the Parks Board before the final works are presented to City Council.
There not being any further business, the meeting was adjourned at 5:20 p.m.
DRAFT
Parks, Recreation and Beautification Board
Minutes
June 6, 2011
Civic Center Communitv Room
Members present: Carol Brantley, Vicki Byrd, Alex Lieban, Derrick Murray, Janet Shelton, Jennifer Wages
Members absent: Dave Rov,-lev
Staff present: Emerson Vorel, Jim Mays, MaiN- Aukennan, Janie McLeod
REGULAR MEETING
1. CALL TO ORDER - Murray, Park Board Chairperson called the meeting to order at 6:02 p.m.
2. APPROVAL OF MINUTES OF May 2, 2011 MEETING: Shelton made a motion to approve the
minutes ask itten, Lieban seconded and the motion carried vdth a vote of 6-0.
3. AWARDS AND RECOGNITIONS:
None
4. ACTION ITEMS:
A. Public Art Project: Select Artists for the Mural at the Visual Arts Center - McLeod showed the
artists' proposal for the mural to be painted on the east wall of the Visual Arts Center, facing
the new train station. She explained that the artists will meet with the Public Art Committee
on June 9, 2011, to finalize the drawing. Their concept was as if you were riding on a train
and looking out a window at the old train station, but the committee has asked that the
window frame around the drawing be removed.
Questions concerning maintenance were discussed. The medium being used is external paint
with a 20 to 30 year life expectancy. Vorel assured the Board that funds will be set aside to
keep the mural attractive.
Questions regarding graffiti were addressed by Mays, whose Park Maintenance group
handles graffiti at other City locations so they have a variety of products to remove the
graffiti without harming the underlay.
The mural project will be presented to City Council for their recommendation on June 21,
2011. The train station is scheduled to open on June 18.
MOTION: Shelton made the motion to recommend the artists' proposed mural with the
removal of the window portion as suggested by the Public Art Committee. Wages seconded
the motion and it carried with a vote of 6-0.
5. DISCUSSION ITEMS:
A. Update on PARD items/Issues - Vorel informed the group that this -,-,-as really just a follov,- up to
some items that had been brought before them. The first item, Bicycle Polo, was featured in the May
2011 issue of the Parks and Recreation magazine and Vorel thanked the Board for helping Denton be
on the cutting edge of this rising sport. Lieban asked if a tournament was interested in coming to
Denton for this sport, could we accommodate them. Mays shared several different ways and
locations that could be modified to accommodate a tournament, should we be approached.
The second item, Alcohol at North Lakes Parks, which the Board recommended approval of at
the May 2, 2011 meeting, was well received by Council at a work session and will be placed
on a consent agenda soon.
The last item, pertaining to Summer Camps, was just to let the Board la1ow that our summer
camp registration was been very good this year, in fact, Denia camps are about full.
One other item discussed was the Aquatics attendance. The number of admissions has been
very high, which is typical at the start of the summer. As the temperatures rise the attendance
tends to taper off, particularly after the 4th of July
6. OTHER BUSINESS: Vorel announced that Bob Tickner, who generally gives this report, is
planning to retire at the end of September and is taking Mondays and Fridays off until then.
A. Parks Department Projects Status Report
Mays updated the Board on various projects on the list, including:
Neighborhood Park Design - Wheeler Ridge Park - This project is about 40% complete.
Community Development Block Grant Projects for Parks - MLK Recreation Center - The
upgrades to the ADA accessible parking area will not begin until after Juneteenth, June 17-18.
McKamy-Evers-Cooper Creek Trail Bridge - The Parks Department is working with
Allison Engineering on this project and we are now ready to take the plans to the DRC for
review. Constriction will not take place until late summer, early fall for this project. Vorel
said that when the supports are being placed the bridge will not be far behind. Vorel also
told the Board what the plan for the sidewalks/trail would be and how it will connect to
existing trails, the elementary school, and Evers Park.
North Lakes Park Softball Complex Playground - Mays stated that the perimeter barrier is
now being poured at this project.
Loop 288 Landscaping Project - The Board had several comments on the condition of the
medians. The weeds are high and some of the trees and plants look like they are dying or at
least not thriving. Mays explained that the project is still in the hands of the contractor and it
is their responsibility to deliver the project with viable plants. They will be replacing plants
that are dead. This is not a City of Denton project but belongs to TXDOT.
B. Public Art Committee Meeting Minutes Draft - The Board discussed the mural earlier in
the meeting.
7. FUTURE AGENDA ITEMS:
Murray invited the Board to what will be the last football game to be played at the old Fouts Field
at the University of North Texas. The game is this Saturday, June 11, at 2 p.m. for the 8th annual
GMG.com Bowl Flag Football Game benefiting the Andrew Smith Memorial Scholarship Fund.
With no further items on the agenda, Murray asked for a motion to adjourn the meeting. Brantley
made the motion to adjourn, Shelton seconded and the meeting was adjourned at 638 p.m.
salegailour documentslresolutions1111public art resolution murat.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE CREATION OF
A MURAL AS A PUBLIC ART PROJECT; PURSUANT TO THE CITY OF DENTON
PUBLIC ART POLICY APPROVED BY ORDINANCE 2006-105, AND FUNDED WITH
HOTEL TAX REVENUES PREVIOUSLY AUTHORIZED AND ENCUMBERED FOR
EXPENDITURE TO SUCH PURPOSES; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, pursuant to the Public Art Policy of the City of Denton, Texas, enacted
pursuant to Ordinance 2006-105, the City Council has previously committed to the public
purpose of promoting the artistic and cultural heritage, uniqueness and well-being of Denton,
both as a community and as a destination, by declaring its intention to develop, acquire, promote
and conspicuously display public art, upon the recommendation and endorsement of the Parks,
Recreation and Beautification Board of the City of Denton, Texas; and
WHEREAS, the Parks, Recreation and Beautification Board of the City of Denton, Texas
has reviewed and recommended the funding and creation of a mural capturing the history and
cultural heritage of Denton, and
WHEREAS, Section 351.101(a)(4) of the Texas Tax Code authorizes and encourages the
promotion of tourism and the convention and hotel industry, through the expenditure of hotel
occupancy taxes in support of "the encouragement, promotion, improvement, and application of
the arts, including folk art, painting, sculpture, photography, graphic and craft arts, .
and other arts related to the presentation, performance, execution, and exhibition of these major
art forms"; and
WHEREAS, the proposed local art will be conspicuously displayed in a manner and
location readily observable to individuals arriving in Denton as passengers of the "A-Train",
where it will serve as an attraction to visitors and tourists alike, to enjoy and experience the
unique artistic and cultural blessings of Denton, Texas; and
WHEREAS, the City Council finds that all of the above-referenced policies, public
purposes, and statutory requirements are satisfied and well-served by the approval of the
recommended proposal; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. Predicated upon the findings and the recommendations set forth in the
above recitals, the Council of the City of Denton, Texas does hereby approve the recommended
proposal to fund with hotel tax revenues previously encumbered for that purpose, the creation
and display of a mural as a public art project, to be created around the theme of capturing the
dynamic history and cultural heritage of Denton, Texas.
SECTION 2. This Resolution shall become effective immediately upon it passage and
approval.
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AGENDA INFORMATION SHEET
AGENDA DATE: June 21, 2011
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232
SUBJECT
Consider recommending approval of a Professional Services Agreement for Appraisal Services
and ROW Acquisition Services by and between AR/WS Texas LP, and the City of Denton for
services regarding the procurement and delivery of land rights for the Denton Municipal Electric
69kV Kings Row to Spencer Transmission Line Upgrade Project (Phase II); in a not-to-exceed
amount of $381,800.00. The Public Utility Board recommended approval (4-0).
BACKGROUND
Denton Municipal Electric has a project underway consisting of the rebuild of two existing 69kV
electric transmission lines, in the northeast quadrant of the city. The existing electric
transmission lines occupy an approximate thirty foot wide easement corridor that begins at the
Spencer Substation, goes north to the Kings Row Substation, then westerly to the Denton North
Interchange (west side North Locust Street at Hercules Street). Reconstruction is required to
replace aging facilities and to increase the capacity to 138kV. Also, the existing wooden poles,
having ostensibly reached the end of their useful service lives, will be replaced with steel poles,
of similar class to that of recent DME system upgrade projects.
The original easement footprint, established in the early 1960's, conformed to the rural nature of
the affected land tracts of that period. Presently, the proliferation of urbanized development
activity and encroachments along and within the easement corridor has made it increasingly
difficult to operate and maintain the existing electric facilities. Current practice indicates that an
easement width of seventy-five feet (75') is the optimal minimum width to accommodate electric
power transmission infrastructure, operations, and maintenance.
Phase I of the Project consists of a segment from the Spencer Substation to East McKinney
Street. The Real Estate Division staff is currently tasked with acquiring all necessary land rights
for Phase I.
Phase II of the Project consists of a segment from East McKinney Street, north to US Hwy 380,
affecting approximately thirty-five (35) distinct property tracts.
Phase III of the Project consists of a segment from US HWY 380, north to a relocated new Kings
Row Substation tract.
The final Project segment, Phase IV, will traverse westerly from the new King's Row Substation
tract, for the most part along Hercules Street, to the Denton North Interchange.
Presently, the Real Estate Division does not have staffing on hand to meet the Project delivery
timing expectations for Phases II, III and IV. It is necessary to supplement the ongoing land
rights procurement efforts with external resources. In February 2011, Real Estate staff requested
proposals from two recommended firms in respect to providing land appraisal services and
procurement of land rights services for Phase II of the Project.
Universal Land Services and ARMS Texas LP both provided group presentations to the staff
project team, and written proposals in respect to Phase II project criteria. Staff has evaluated the
proposals, and recommends that ARMS Texas LP provide the professional services needed to
effectuate Phase II of the Project. The subject fees for these services are comparable to similar
services the City has procured in the past for other projects, and are consistent with the industry.
ARMS Texas LP's staff members are highly skilled real estate professionals with an extensive
background in successful utility driven projects. They also have an excellent track record in
representing the interests of their clients while providing exemplary land procurement services.
The general routing for both Phases III and IV have been determined by DME, and design
elements will be finalized when the ultimate right of way alignment is realized. The staff project
team will be bringing forward recommendation(s) in respect to the engagement of a land
appraisal/land rights procurement firm(s) to complete the work necessary for those Project
segments.
The land appraisal work and to a greater extent, land rights negotiations and procurement is a
very specialized area. The people employed by this type of firm are directly representing the
position and interests of their client (in this case the City), within the living rooms and businesses
of those property owners affected by the Project. The project team was particularly diligent to
make certain that the recommended firm for the work have a seasoned staff on hand, with a
proven ability to successfully carry-out objectives for similar projects. ARMS Texas LP came
highly recommended and additional follow-up with former clients echoed those sentiments.
Although based in Abilene, Texas, they have project teams deployed all over North Texas, one
of their most recent projects being a segment of F.M. 2181 widening (Swisher Road) for Texas
Department of Transportation.
OPTIONS
1. Recommend approval of the contract.
2. Decline to recommend approval of the contract.
RECOMMENDATION
Staff recommends approval of the contract.
PRINCIPAL PLACE OF BUSINESS
1500 Industrial Blvd., Suite 230, Abilene, Texas 79602
ESTIMATED SCHEDULE OF DELIVERY
Delivery of land rights procurement and appraisal services is to be utilized immediately.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
June 13, 2011 - The Public Utility Board recommended approval (4-0).
FISCAL INFORMATION
Funding for the subject services are to be provided from the individual project account.
BID INFORMATION
Not applicable
EXHIBITS
1. Ordinance
2. Professional Services Agreement
3. Vicinity Map
4. PUB Minutes
Respectfully submitted,
Phillip Williams
General Manager
Electric Administration
Denton Municipal Electric
Prepared by:
Pamela England
Real Estate Specialist
salegallour documentslordinancesll Ilar-ws texas ordinance.doc
ORDINANCE NO.2011-
AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR
APPRAISAL SERVICES AND ROW ACQUISITION SERVICES BY AND BETWEEN
AR/WS TEXAS LP, AND THE CITY OF DENTON FOR SERVICES REGARDING THE
PROCUREMENT AND DELIVERY OF LAND RIGHTS FOR THE DENTON MUNICIPAL
ELECTRIC 69KV KINGS ROW TO SPENCER TRANSMISSION LINE UPGRADE
PROJECT (PHASE 11); IN AN AMOUNT NOT-TO-EXCEED $381,800.00; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council deems that it is in the public interest to engage AR/WS
Texas LP, (AR/WS), to provide appraisal services and ROW acquisition services for the 69kV
Kings Row to Spencer Transmission Line Upgrade Project; and
WHEREAS, City Staff has determined that AR/WS is competent and that the fees under
the Professional Services Agreement" (hereafter `Agreement") are fair and reasonable, and are
consistent with and not higher than the recommended practices and fees published by the
applicable associations applicable to AR/WS's profession, and that such fees do not exceed the
maximum provided by law; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-referenced professional services, and that limited City staff cannot adequately
perform the highly specialized services and tasks with respect to the 69kV Kings Row To
Spencer Transmission Line Upgrade Project with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act." generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is authorized to execute the "Professional Services
Agreement for Appraisal Services and ROW Acquisition Services" which is attached hereto as
Exhibit "A," providing for professional services by and between the City of Denton, Texas and
AR/WS Texas LP, in an amount not-to-exceed $318,800.00; the Agreement is hereby approved
and the expenditure of funds therefore is hereby authorized in accordance with said Agreement.
The total purchase order amount will therefore be $318,800.00
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
Page 1
salegkour documentslordinancesll har-ws texas ordinance.doc
PASSED AND APPROVED this the - day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Page 2
STATE OF TEXAS §
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
FOR LAND APPRAISAL SERVICES AND LAND RIGHTS ACQUISITION SERVICES
RELATING TO THE DENTON MUNICIPAL ELECTRIC 69KV KINGS ROW TO
SPENCER TRANSMISSION LINE UPGRADE PROJECT (PHASE II).
THIS AGREEMENT is made and entered into as of the 22nd day of June, 2011, by and
between the City of Denton, Texas, a Texas municipal corporation, with its principal office at
215 East McKinney Street, Denton, Texas 76201, hereinafter called "CITY"; and AR/WS Texas
LP, with its offices at 1500 Industrial Blvd., Suite 230, Abilene, Texas 79602, hereinafter called
"CONSULTANT"; the CITY and CONSULTANT are acting herein, by and through their duly-
authorized officials and representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained,
the parties hereto do mutually AGREE as follows:
ARTICLE I
ENGAGEMENT OF CONSULTANT
The CITY hereby contracts with the CONSULTANT, as an independent contractor; and
the CONSULTANT hereby agrees to perform the services herein in connection with the Project
as stated in the sections to follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of Texas. The professional services
to be performed by CONSULTANT are in connection with the following described project
(hereinafter referred to as the "Project") and further detailed in Article II listed below:
The project shall include without limitation, land appraisal services and land rights
acquisition services that are necessary, as described in the CONSULTANT'S Proposal to
CITY dated June 1, 2011, outlined in Exhibit "A" attached hereto and incorporated
herewith by reference, to assist the CITY in acquiring the easements necessary for the
Denton Municipal Electric 69kV Kings Row to Spencer Transmission Line Upgrade
Project (Phase II); from East McKinney Street north to U.S. Hwy 380„ within the City of
Denton, Texas ("Project").
ARTICLE H
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a professional manner:
A. The CONSULTANT shall perform all those Basic Services as necessary, and as
described in the CONSULTANT'S "Statement of Work", which is attached hereto and
incorporated herewith by reference as Exhibit "A", and "Fee Schedule," which is
attached hereto and incorporated herewith by reference as Exhibit "B".
B. If there is any conflict between the terms of this Agreement and the Exhibit attached to
this Agreement, the terms and conditions of this Agreement will control over the terms
and conditions of the attached Exhibits.
C. CONSULTANT shall keep CITY informed with a defined reporting system, and by
personal meetings. All lines of communication shall remain open with both the CITY and
the affected property owners.
D. CONSULTANT shall be available for any unexpected issues that may arise after the
completion of the contract requirements and statement of work.
ARTICLE III
ADDITIONAL SERVICES
Additional services to be performed by the CONSULTANT, if authorized by the CITY in
writing, which are not included in the above-described Basic Services, are described as follows:
A. Assisting CITY or contractor in the defense or prosecution of litigation in connection
with or in addition to those services contemplated by this Agreement. Such services, if
any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective
parties outside of and in addition to this Agreement.
B. Any additional services not included in Basic Services.
ARTICLE IV
DURATION OF AGREEMENT
and
COMPLETION OF SERVICES
This Agreement shall become effective upon execution of this Agreement by the CITY
and the CONSULTANT and upon the issuance of a notice to proceed by the CITY, and shall
remain in effect thru July 1, 2012, or until successful completion of the Project, including
Additional Services, if any, and any required extensions approved by the CITY, and acceptance
by the CITY has been achieved. This Agreement may be sooner terminated in accordance with
the provisions hereof. Time is of the essence in this Agreement. CONSULTANT's work shall
be completed no later than July 1, 2012. The CONSULTANT shall make all reasonable efforts to
complete the services set forth herein as expeditiously as possible and to meet the schedule
established by the CITY, acting through its City Manager or his designee.
ARTICLE V
COMPENSATION
A. COMPENSATION TERMS:
I. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in
employment of others in outside firms for services.
2
2. "Direct Non-Labor Expense" is defined as that expense for any assignment
incurred by the CONSULTANT for supplies, transportation, travel,
communications, subsistence, and lodging away from home, and similar
incidental expenses in connection with that assignment.
B. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by the CONSULTANT herein, the CITY agrees to pay a total fee, including
reimbursement for direct non-labor expenses, not to exceed Three Hundred Eighty-One
Thousand Eight Hundred Dollars and No/100 ($381,800.0")
Partial payments to the CONSULTANT will be made on the basis of detailed monthly
statements rendered to and approved by the CITY through its City Manager or his
designee; however, under no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement is rendered. The CITY
may withhold the final five percent (S%) of the contract amount until satisfactory
completion of the Project.
Nothing contained in this Article shall require the CITY to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which is
not submitted in compliance with the terms of this Agreement. The CITY shall not be
required to make any payments to the CONSULTANT when the CONSULTANT is in
default under this Agreement.
It is specifically understood and agreed that the CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would require additional
payments by the CITY for any charge, expense, or reimbursement above the maximum
not to exceed fee as stated, without first having obtained written authorization from the
CITY. The CONSULTANT shall not proceed to perform the services listed in Article III
"Additional Services," without obtaining prior written authorization from the CITY.
C. ADDITIONAL SERVICES: For additional services authorized in writing by the CITY
in Article III hereinabove, the CONSULTANT, as stipulated in CONSULTANT'S
"Pricing and Fees" to the CITY, attached hereto and incorporated herewith by reference
as Exhibit "A", shall submit invoices for additional services and such invoices shall be
due and payable upon submission by the CONSULTANT with CONSULTANT's regular
monthly statement as provided for hereinabove. Statements shall not be submitted more
frequently than monthly.
D. PAYMENT: If the CITY fails to make payments due the CONSULTANT for services
and expenses within thirty (30) days after receipt of the CONSULTANT's undisputed
statement thereof, the amounts due the CONSULTANT will be increased by the rate of
one percent (1%) per month, from and after the said thirtieth (30t`) day, and, in addition,
the CONSULTANT may, after giving seven (7) days written notice to the CITY, suspend
services under this Agreement until the CONSULTANT has been paid in full all amounts
due for services, expenses, and charges, provided, however, nothing herein shall require
the CITY to pay the late charge of one percent (1%) set forth herein if the CITY
reasonably determines that the work is unsatisfactory, in accordance with this Article V,
"Compensation."
3
E. CITY and CONSULTANT recognize that the scope of services and compensation under
this Agreement are predicated upon (i) current audit requirements imposed by laws,
regulations and professional standards relating to such services; (ii) expectations of
reasonable cooperation with CONSULTANT by CITY pursuant to this Agreement; and
(iii) the absence of any irregularities or circumstances which might necessitate the
extension of audit services beyond the normal scope of auditing services.
F. Should (i) irregularities; (ii) the absence of such reasonable cooperation; (iii) increase in
the level of services required under applicable laws, regulations or professional standards;
or (iv) other unforeseen conditions be encountered which might necessitate the extension
of auditing work beyond the scope of normal auditing procedures, CONSULTANT
agrees to advise CITY promptly in writing of the circumstances and to request an
equitable adjustment in the maximum fee before significant additional time is incurred by
CONSULTANT. Any such requests for adjustments shall be in writing and shall contain
an explanation of why the adjustments are necessary.
G. CITY and CONSULTANT agree to negotiate in good faith to determine any equitable
adjustment in the maximum fee, or fees for requested additional services. Should the
CITY and the CONSULTANT be unable to agree upon an equitable adjustment within
fourteen (14) days of a written request, or such other time period as agreed upon in
writing by the CITY and the CONSULTANT, either party may, notwithstanding any
other provision in this Agreement, terminate this Agreement upon thirty (30) days written
notice to the other party. CITY shall be liable for time and expenses actually incurred by
CONSULTANT except for any such additional time and expense which has been
incurred as a result of the circumstances necessitating the adjustment.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence in discovering and
promptly reporting to the CITY any defects or deficiencies in the work of the CONSULTANT or
any subcontractors or subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and CONSULTANT's
subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and
shall become the property of the CITY upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The documents prepared and
furnished by the CONSULTANT are intended only to be applicable to this Project, and CITY's
use of these documents in other projects shall be at CITY's sole risk and expense. In the event
the CITY uses any of the information or materials developed pursuant to this Agreement in
another project or for other purposes than specified herein, CONSULTANT is released from any
and all liability relating to their use in that project.
4
ARTICLE VIII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to CITY as an independent contractor, not as an
employee of the CITY. CONSULTANT shall not have or claim any right arising from employee
status.
ARTICLE IX
INDEMNITY AGREEMENT
CONSULTANT shall indemnify and save and hold harmless the CITY and its officers, agents,
and employees from and against any and all liability, claims, demands, damages, losses and
expenses, including but not limited to court costs and reasonable attorney fees incurred by the
CITY in each case solely for injury, death and physical damages to real or tangible personal
property to the extent resulting from the negligent acts or omissions of the CONSULTANT or its
officers, partners, agents, or employees in the execution, operation, or performance of this
Agreement; except that the indemnity provided for in this Section shall not apply to any liability
resulting from the sole negligence of CITY, its officers, agents, employees or separate
contractors, and in the event of joint and concurrent negligence of both CONSULTANT and
CITY, responsibility, if any, shall be apportioned comparatively in accordance with the laws of
the State of Texas.
As a condition to the foregoing indemnity obligation, CITY shall provide CONSULTANT with
prompt notice of any claim for which indemnification shall be sought hereunder and shall
cooperate in all reasonable respects with CONSULTANT in connection with any such claim.
CONSULTANT shall be entitled to control the handling of any such claim, with full disclosure
of any and all claims, and actions taken thereunder, to the CITY; and CONSULTANT shall be
entitled to defend or settle any such claim, in its sole discretion, with counsel of its own
choosing.
Nothing in this agreement shall be construed to create a liability to any person who is not a party
to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE X
INSURANCE
Without limiting any of the other obligations or liabilities of the CONSULTANT, the
CONSULTANT shall provide and maintain during the performance of the Services under this
Agreement, and until the contracted work has been completed and accepted by the City of
Denton, the minimum insurance coverage as indicated hereinafter.
1. During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in
the State of Texas by the State Insurance Commission or any successor agency that has a
rating with Best Rate Carriers of at least an A- or above:
2. Comprehensive General Liability Insurance with bodily injury and property damage
limits of not less than $2,000,000 for each occurrence and not less than $2,000,000 in the
aggregate.
3. Automobile Liability Insurance with combined single limit bodily injury and property
damage of not less than $1,000,000 for each accident.
4. Consultant shall purchase and maintain Worker's Compensation insurance which, in
addition to meeting the minimum statutory requirements for issuance of such insurance,
has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each
employee, and a $500,000 policy limit for occupational disease. The City need not be
named as an "Additional Insured" but the insurer shall agree to waive all rights of
subrogation against the City, its officials, agents, employees and volunteers for any work
performed for the City by the Named Insured. For building or construction projects, the
Consultant shall comply with the provisions in accordance with §406.096 of the Texas
Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission
(TWCC).
5. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
6. The CONSULTANT shall furnish insurance certificates or insurance policies at the
CITY's request to evidence such coverage's. Except for workers compensation,
employer's liability, and professional liability policies, the above insurance policies shall
name the CITY as an additional insured on all such policies. Such insurance shall not be
canceled or the coverage reduced without thirty (30) days' prior written notice (ten (10)
days if for premium nonpayment) to CITY and CONSULTANT. In such event, the
CONSULTANT shall, prior to the effective date of the change or cancellation, serve
substitute policies furnishing the same coverage.
Cancellation: City requires thirty (30) day written notice should any of the policies
described on the certificate be cancelled or materially changed before the expiration
date.
ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Agreement by submitting the
dispute to arbitration or other means of alternate dispute resolution, such as mediation. No
arbitration or alternate dispute resolution arising out of or relating to this Agreement, involving
one party's disagreement may include the other party to the disagreement without the other's
approval.
6
ARTICLE XII
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving thirty (30) days advance written notice to the other party.
B. This agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Agreement. No such termination
will be effected unless the other party is given (1) written notice (delivered by certified
mail, return receipt requested) of intent to terminate and setting forth the reasons
specifying the nonperformance , and not less than thirty (30) days to cure the failure, and
(2) an opportunity for consultation with the terminating party prior to termination.
C. If the agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to the CITY within thirty (30) days after the date of termination. The
CITY shall pay CONSULTANT for all services rendered and performed to the
reasonable satisfaction of CITY and for reimbursable expenses incurred prior to the date
of termination in accordance with the terms of this Agreement. Should the CITY
subsequently contract with a new CONSULTANT for the continuation of services on the
audit engagement, CONSULTANT shall reasonably cooperate in providing information
in accordance with, and to the extent required by, applicable professional standards and
subject to the terms of this Agreement. The CONSULTANT shall turn over all
documents prepared or furnished by CONSULTANT for delivery to CITY pursuant to
this Agreement to the CITY on or before date of termination, provided that prior thereto,
with respect to the documents such as working papers which are merely drafts and not
necessarily appropriate for CITY's use or reliance, the parties shall negotiate in good
faith a non-disclosure agreement and/or release in a form satisfactory to both parties.
CONSULTANT may maintain copies of such documents for file documentation.
ARTICLE XIII
SUBCONTRACTING
Neither this Agreement, nor the services to be provided hereunder may be assigned or
subcontracted without prior written approval of CITY.
ARTICLE XIV
RETENTION OF AND ACCESS TO RECORDS
CONSULTANT agrees that CITY shall, until the expiration of five (5) years after the final
payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers, and records of the CONSULTANT involving
transactions relating to this Agreement. CONSULTANT agrees that CITY shall have
access during normal working hours to all necessary CONSULTANT facilities and shall
be provided adequate and appropriate working space in order to conduct audits in
compliance with this section. CITY shall give CONSULTANT reasonable advance
notice of intended audits.
7
ARTICLE XV
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the CITY shall not constitute, nor be deemed a release of the responsibility
and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and
subconsultants for the accuracy and competency of their work; nor shall such approval be
deemed to be an assumption of such responsibility by the CITY for any defect in the work
prepared by the CONSULTANT, its employees, associates, agents, subcontractors and
subconsultants.
ARTICLE XVI
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the addresses shown below, certified mail, return receipt requested, unless
otherwise specified herein:
To CONSULTANT:
Charles M. Davis, R/W-RAC
Texas AR/WS Texas, LP
1500 Industrial Blvd., Suite 230
Abilene, Texas 79602
To CITY:
City of Denton
George C. Campbell, City Manager
City of Denton, Texas
215 East McKinney Street
Denton, Texas 76201
With Copies To:
Larry Castellanos, SR/WA
Associated Right of Way Services, Inc.
2300 Contra Costa Blvd., Suite 525
Pleasant Hill, California 94523
With Copies To:
City of Denton
Paul Williamson
Manager, Real Estate and Capital Support
901-A Texas Street, 2nd Floor
Denton, TX 76209
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days after the date of mailing.
ARTICLE XVII
ENTIRE AGREEMENT
This Agreement, consisting of twelve (12) pages, Exhibits A & B, and Attachment A,
constitutes the complete and final expression of the Agreement of the parties, and is intended as
a complete and exclusive statement of the terms of their agreements, and supersedes all prior
contemporaneous offers, promises, representations, negotiations, discussions, communications,
understandings, and agreements which may have been made in connection with the subject
matter of this Agreement.
8
ARTICLE XVIII
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
ARTICLE XIX
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, and local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
hereinafter be amended.
ARTICLE XX
EMPLOYMENT PRACTICES / DISCRIMINATION PROHIBITED
In performing the services required hereunder, CONSULTANT shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap. CONSULTANT agrees that in connection with the services to be provided to CITY
hereunder that it will comply with all applicable laws and regulations regarding employment
discrimination applicable to CONSULTANT.
ARTICLE XXI
PERSONNEL / CONFLICTS OF INTEREST
A. CONSULTANT represents that it has or will secure at its own expense all professional
and support personnel required to perform all the services required under this Agreement.
Such personnel shall not be employees or officers of, nor have any contractual relations
with CITY. CONSULTANT shall inform the CITY of any conflict of interest under the
professional standards of the International Right of Way Association that may be
discovered or arise during the term of this Agreement.
B. All services required hereunder will be performed by CONSULTANT. All personnel
engaged in work shall have the necessary skills and experience, and shall be authorized
and permitted under state and local laws to perform such services.
ARTICLE XXII
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement, and shall not
transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without
the prior written consent of the CITY.
9
ARTICLE XXIII
MODIFICATION OR AMENDMENT
No waiver or modification of this Agreement or of any covenant, condition or limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith
and no evidence of any waiver or modification shall be offered or received in evidence in any
proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly
executed; and, the parties further agree that the provisions of this section will not be waived
unless as herein set forth.
No amendment of this Agreement shall be valid unless in writing and signed by both parties.
ARTICLE XXIV
FORCE MAJEURE
Notwithstanding any other provision in this Agreement, CONSULTANT shall not be liable or
held responsible for any failure to perform or delays in performing its obligations under this
Agreement, including but not limited to, the completion of the audit and issuance of its report
thereon, which result from circumstances or causes beyond CONSULTANT's reasonable
control, including, without limitation, acts or omissions or the failure to cooperate pursuant to
this Agreement by CITY (including, without limitation, entities or individuals under its control,
or any of their respective officers, directors, employees, other personnel and agents), fire or
casualty, act of God, strike or labor disputes, war or other violence, or any law, order or
requirement of any governmental agency or authority.
ARTICLE XXV
MISCELLANEOUS
A. The following Exhibits are attached to, incorporated herewith by reference, and made a
part of this Agreement:
Exhibit A: Proposal for City of Denton Transmission Line Project from
CONSULTANT to CITY dated June 1, 2011.
Exhibit B: Fee Schedule from CONSULTANT to CITY.
B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas.
C. For the purpose of this Agreement, the key persons who will perform most of the work
hereunder shall be Charles M. Davis. However, nothing herein shall limit
CONSULTANT from using other qualified and competent members of its firm to
perform the services required herein.
D. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, and efficient manner and in accordance with
10
the provisions hereof. In accomplishing the projects, CONSULTANT shall take such
steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the CITY.
E. The CITY shall assist the CONSULTANT by placing at the CONSULTANT's disposal
all available information pertinent to the Project, including previous reports, any other
data relative to the Project, and arranging for the access thereto, and make all provisions
for the CONSULTANT to enter in or upon public and private property as required for the
CONSULTANT to perform services under this Agreement.
F. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
ARTICLE XXVI
RIGHT TO AUDIT
The CITY shall have the right to audit and make copies of the books, records and computations
pertaining to this agreement. The CONSULTANT shall retain such books, records, documents
and other evidence pertaining to this Agreement during the contract period and five years
thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case
records shall be kept until all audit tasks are completed and resolved. These books, records,
documents and other evidence shall be available, within ten (10) business days of written
request. Further, the CONSULTANT shall also require all Subcontractors, material suppliers,
and other payees to retain all books, records, documents and other evidence pertaining to this
agreement, and to allow the CITY similar access to those documents. All books and records will
be made available within a 50 mile radius of the City of Denton. The cost of the audit will be
borne by the CITY unless the audit reveals an overpayment of 1% or greater. If an overpayment
of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be
borne by the CONSULTANT which must be payable within five business days of receipt of an
invoice.
Failure to comply with the provisions of this section shall be a material breach of this contract
and shall constitute, in the CITY'S sole discretion, grounds for termination thereof. Each of the
terms "books", "records", "documents" and "other evidence", as used above, shall be construed
to include drafts and electronic files, even if such drafts or electronic files are subsequently used
to generate or prepare a final printed document.
IN WITNESS HEREOF, CITY and CONSULTANT have hereby executed this
Agreement in four (4) original counterparts; the CITY acting by and through its duly-authorized
Purchasing Agent; and the CONSULTANT acting by and through its duly-authorized,
undersigned officer, on this the day of a 2011.
I1
"CITY"
CITY OF DENTON, TEXAS
A Municipal Corporation
By:
George C. Campbell, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
"CONSULTANT"
AR/WS TEXAS, LP
By
Larry C stellanos, General Partner
ATTEST:
12
r--=XHJIBiT AOl
I QF 12-
T E X A S LP
Ms. Pamela England.
City of Denton
Real Estate and Capital Support
901-A Texas Street, Second Floor
Denton, Texas 76209
June 1, 2011
PO Box 5848'
Abilene, Texas 79608
325.572.5540 phone
325.672.5549 fax
In Re: Proposal for the City of Denton Phase 11 of the 69KV Kings ROW To Spencer Transmission Line
Re-build Project/ McKinney Street North To U.S. Hwy 380
Dear Mrs. England:
Our firm is excited about the prospect of providing services for the acquisition of easement rights for the
referenced project. To,that endure have developed a statement of work, fee schedule and a time-line
to complete our services. As you requested, all Of our pricing is on a unit pricing basis. 'The scope of
work is fairly comprehensive and should include all required services up to the point that
condemnations (if any) are to be filed. We have also included an hourly rate schedule to cover any
additional services that may be requested that extend beyond what is contemplated under this scope of
services.
"Enclosed you will find the following:
• Statement of Work (Identifies services to be provided by AR/WS)
• Fee Schedule (Identifies cost per parcel and iotal not to exceed costs)
Fee Schedule - Payment Milestones
• Hourly Rate Schedule (For additional services as may be required).
• Project Time-fine
• Statement of Qualifications
Once you have reviewed the information provided, we will be happy to meet.with you and the team to'
refine the schedule and scope of work, Jn the interim, if you have any questions, please feel free to call.
Verytruly yours,
Charles M. Davis
CM D:
.Enclosures
Statement of Work
SERVICE REQUIREMENTS OF THE. PROVIDER: Services shall include, but are not limited to the
following activities:
Project Administration
I Project Field Office
Z.. Provider's primary office is Located 'in Abilene, TX
2. Open during normal city work hours .
3. Personnel available to'answer questions
4. Primary files will be maintained'by Provider and available to City.
Personnel
5. At 'least one office staff member of the Provider is required to be a
'current commissioned notary public.
Ii Overhead Costs
All Administrative costs including salaries; travel, employee benefits,
telephone,- equipment, supplies, etc. are included in the. fees for
services
'Communication
1. Provide monthly summaries of, project expenses including amounts
'authorized,. amounts paid and budget forecasting or with an
increased frequency as required by-the City.
2. Maintain current status reports of all parcel and project activities
and provide weekly status reports to the City in a form approved
3. Provide schedule of all areas of work indicating anticipated start and
end dates.
4. Participate in project , review meetings at dates and -times*
determined by City.
5. Prepare initial property owner contact list. for use by the City in
-distribution of Provider introduction letters or : as determined
necessary..
IV File Management
S. Primary project and parcel files will be .kept in the Provider's Office.
Prepare invoices utilizing City standard payment submission forms
with supporting documentation.
2. Maintain records of all payments including, but not limited to, check
number, amount, date paid, etc.
3. Maintain copies of all correspondence and contacts with property
owners.
V Title and Closing Services
Z. Secure preliminary title commitment or preliminary title search, and
5-year'sales data frorn.Title Company that will be providing title
insurance.
2. The charges from the, Title Company for the preliminary title
commitments will be billed to the City and are not included in the
provider's negotiated fee schedule
I Secure title commitment updates in accordance with insurance
rules 'and requirements 'for parcel payment. submissions. The
charges from the Title Company for the update of the title
commitment will be paid by the City in the Provider's negotiated fee
schedule.
4. Secure title insurance for all parcels 'acquired, insuring acceptable
title to the City. Written approval by the City required-for any
exception. The charges from the Title Company-for the title
insurance will be paid by the- City and is not included in the
Provider's negotiated fee schedule.
5. The curative services necessary-to provide clear title to the City is
the responsibility' of the Provider and. is in-the negotiated fee. .
schedule for this service. Note:. The Provider's curative services do:
not include costs/expenses'that qualify, as payment of in
expenses to transfer real property to the City.
6. The .Provider has the responsibility of -direct contact with the Title
Company to obtain an updated title commitment along with other
forms and certified copy of the instrument of conveyance necessary
when requesting the Parcel Payment from the City.
7. The Provider provides closing services in conjunction with the Title : _
Company and will be required to attend closings.'
S. Any fee related to obtaining certified court documents,and fees for
recording same which are not collected at the closing of the parcel
shall be direct pass through fees at the.exact cost supported by the
county court house receipts. No administrative fee, management
fee, service fee or profit to the Provider will be paid.
9.. Provider shall cause. the recordation of 'all original instruments
immediately after closing at the respective County Clerk's Office,
except for donations' which must be forwarded to the City for
acceptance prior~to recording. The cost of the recording fees and
fling fees are paid by City and 'are not included in the Provider's
negotiated fee schedule.
V1
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Appraisal Impact Study
1. The appraiser, ' with assistance from the -client,' will identify
appropriate single family residential subdivisions'to include in the
Impact Study. The study subdivisions will each be traversed by
existing transmission lines.'. The parameter of our search for sales
will be. Denton County.
2. 'The. appraiser will obtain- all recent comparable residential sales .
within the various study subdivisions.
3. Pertinent information about each sale will be entered into sales
fo rms.
4. 'All of the comparable sales will be identified and labeled on the
subdivision plat maps.
5. An Excel spreadsheet 'will be created for'each subdivision in the
study and will array the market data.
6: The appraiser will analyze the data within each subdivision:. Paired
sales analysis and other techniques will be used in the analysis.
7. The results.of the impact Study will include market evidence of the
possible impact, if any, of the proposed transmission. line on
property values.
Appraisal Market study
1. Research the surrounding project area for comparable land sales
(both commercial and residential) and improved residential sales.
2. Pertinent information about each comparable sale will be written
up on sale forms.
.3. The comparable sales will be inspected and photographed.
.4. The market data will be labeled on maps and summarized in Excel
spreadsheets.
.5_ The Market Study will form the basis of valuation for the subject
properties.
Vlll Initial Appraisal
I. Appraisal services will be provided by Kevin Angel, MAI with AR/WS
Appraisaf, LP.
.2. Initial Appraisal Services will commence once'the majority of the
survey plats. are complete and - available to the appraiser with
assurance that the balance of the survey plats will be complete
within 10 working days.
3. Contact property owners or their designated representative to offer
the opportunity to .accompany the appraiser on the appraiser's
inspection of the subject property, Maintain record of contact in
file.
4.
4. Prepare complete appraisal report for each parcel to be acquired .
utilizing forms and formats approved by the City. These reports shall
conform to City policies and procedures along with the' Uniform
.Standards of Professional Appraisal Practice (USPAP) as
promulgated by the Appraisal Foundation.
5. As necessary, prepare . written notification to the. City of any
environmental concerns associated with the right of way to be
acquired, which could require environmental re-mediation.
6. All. completed appraisals will be administratively reviewed by the
City and recommended for approval by the City Manager or assigns.
a. Processing invoices for appraisal, services Will not be delayed
for the purpose of the completion of the City's.•
administrative review.
7.- As necessary, . the appraiser will coordinate with the review
appraiser regarding revisions, comments, or additional information
that may be required.
IX Introductory Letters
1. Prepare and send the introductory letter to landowners impacted'
by the project. Introductory letters will include a description of the
project, Landowner Bill of Rights and a Survey Permission form.
. 2. Letters will be pre-approved bythe City.
3. Letter will be sent,either certified mail or Federal Express_
X 'Survey Permission
1. Provider will secure permission to conduct a civil survey on all
parcels impacted by the project.
2. Provider will secure permission to conduct geotechnical survey on
specific paicels'identified by the City..
3. Survey permission will be secured from in written form on a format.
acceptable and pre-approved by the City.
4. Should survey permission be denied, provider will submit necessary
information to City necessary to support legal efforts to gain legal
access.
Xl Negotiation Services
1. Analyze preliminary title report. to determine potential title
problems, propose and inform City of methods to cure title
deficiencies. .
2. Analyze appraisal and appraisal review reports and ?confirm the
City's approved value prior to making offer for each parcel.
3. Prepare the . initial offer letter, memorandum of agreement;
instruments of conveyance, and any other documents required or
requested by the City an applicable City forms.
~J .
4. Contact each property owner or owner's designated. representative,
to present the written offer. in person (when practical) and deliver
appraisal report and required brochures. Maintain follow-up
contacts and secure the necessary instruments upon acceptance of
the offer for the closing. If circumstances do not allow the Provider
to contact each property owner or owner's ' designated
representative to present the documents in person, the City must
be contacted for instructions. -
S: Provide a copy of the appraisal' report for -the subject property
exclusively to the property owner or authorized representative: at
the time of the offer. Maintain original signed receipt of appraisal
for billing purposes.
6. Respond-to property owner inquiries verbally and in writing within
two (2) business days.
7. Prepare a separate negotiator.contact report for each parcel.
8: All original project and parcel file documents must'be kept in the
Provider office. Maintain parcel files. df original documentation
related to the purchase of the real property or property interests.
9. Advise property owner of the Administrative Settlement process.
"transmit to the City any written counter offerfrom property owners
including supporting d-dcumentation, and Provider recommendation
with regard to Administrative Settlements in accordance with City .
policy and procedures.
10. Prepare and deliver final offer letter, documents of conveyance as
necessary'..
11. Appear and provide Expert Witness testimony as a Provider when
requested.
12. Securing a Right of Entry or Possession and Use Agreement is part of
general Negotiation Services. -
X1! Relocation Service's (if applicable as determined by the City)
1.. Notify all property owners and potential displacees of eligibility for
relocation assistance .and provide them with information about
relocation assistance at time of initial contact.
2. Locate, evaluate, and - maintain files on comparable available
housing to complete forms required by the City.
3. Calculate replacement housing supplement benefits as agreed upon
by the City.
4. Compute . and submit 'the request 'for relocation housing/rental :
supplement to the City on appropriate forms with photos attached.
5. Provide 90=day notice to vacate simultaneous with the delivery of'
relocation benefits package.
6.. Provide 30-day notice once property has been acquired.
7. Notify the City Office immediately if displacee does not move after
30-day notice expires.
8. .Perform-a decent, safe, and sanitary inspection of the replacement
housing in accordance with City policy.
9. Request moving estimates from moving companies as needed.
10: Coordinate moves with displaced homeowners and with moving
companies'in accordance with City procedures.
11. Maintain relocation contact logs.
12. Attend closings on replacement property if requested by any party
involved, and assure supplemental payment is properly distributed.
13. Process and compute increased interest payments as required.
14. Prepare all relocation payment claim submissions for all displacees
on parcel.
15. Deliver payment in accordance with City guidelines.
X111 Condemnation Support Services (Pre-Hearing Support)
1. Upon receipt of a copy of the final offer, request an updated title
commitment for Eminent Domain from the title Company.
2: Use the information from the .Title Commitment to join all
interested parties on forms. ("Condemnation Form") acceptable to
the City and its attorney. Spouses of owners must be joined.
3. Upon completion of the Condemnation Form,. prepare a packet
containing 2. copies each of the following documents:
Condemnation Form, Commitment, Negotiator's Reports, Appraisal
Acknowledgment, signed and.sealed property description; and plat,
Final Offer Letter, any correspondence from the land owner or
representatives, one original copy of 'the appraisal report, ahd any
.real property records which are relevant to any unbsiral joinder or
service issue. Submit packet to the City.
7
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FEE SCHEDULE- PAYMENT MILESTONES:
Fee for Introductory Letter - $150 per parcel
Payment made on per parcel basis
$950 payment upon delivery of introductory letter to landowners
Fee for Title and Closing Service-$1,050 per parcel
Payment made on per parcel basis
$100 payment milestone paid upon securing initial title commitment or securing
update title commitment.
$400 payment milestone paid upon submission of acceptable, paym=ent package
or issuances of final offer letter:
$400 payment milestone paid upon attending closing.
$150 payment milestone paid upon issuance of title policy or alternative method
acceptable by the City (i.e., Attorneys Certificate).
Fees charged by the selected title company for title commitments, escrow and
closing services, and title insurances are not included in the above fees. Direct
title company services fees will either be billed directly to the City or treated as a
pass-through cost with no mark-up.
Fee for Survey Permission.- $450 per parcel
Payment made on per parcel basis
$450 payment milestone upon securing civil-survey permission from ISridowner
or tenant.
$450 payment milestone upon securing geotechnical survey permission from
landowner or tenant.
$450 payment milestone upon providing necessary information to City necessary
to support legal efforts to gain legal access to conduct civil andlor geotechnical
survey.
Fee for Appraisal Impact Study
$18,000 payment milestone paid upon delivery of complete and acceptable
Appraisal Impact Study.
Fee for Appraisal Market Study
$12,000 payment milestone paid upon delivery of complete and acceptable
'Appraisal Market. Study.
Fee for Initial Appraisal Services
Payment made on per.parcel basis -See Attached Fees
Payment. milestone paid upon delivery of complete and acceptable Appraisal
Report.
Fee for Negotiation/Condemnation Support Service - $3,900 per parcel
Payment made on per parcel basis
;$1,200 payment milestone paid upon presentation of initial offer.
$9,500 payment milestone paid upon presentatfon of final offer with Cit
concurrence or acceptable payment submission with clear title or confirmation
that title will be clear by receipt of payment.
$1,200 payment milestone paid upon the completed closing of the parcel or
delivery of Condemnation Form acceptable to the City and its attorney.: .
Fee for Residential Relocation Assistance Service - $5,500 per parcel
,Payment made on per Displacee basis
$2,000 payment rilestone paid upon;:
Submitting completed moving plan and proof of providing relocation
benefits packageldocurnentation of preliminary contact with Dispfacee
which must include the Dispiacee name and certificate of eligibility. A
photo identification of the Displaces is not necessary.
Delivery of computation, submittal and approval of replacement housing
supplement to City.
$2,000 payment milestone. paid upon
:Submitting memorandum to City reporting the actual date the Displacee
vacated parcel. This assumes the replacement housing has been
acquired and the move was monitored.
$1,560 payment milestone paid upon;
Transmittal of memorandum to the City stating that-all relocation
assistance has been completed.
Submittal of completed fife to City with documents filed by date of
acfivlty. Completed fie documents must contain all contacts with the
Displacee, completed claim forms, copies of all payment submissions for
relocation assistance, and signed form (in checklist format, as directed
by the City) by displacee'verifying move is completed and all benefits
have been explained to them.
10
City Of Denton
Hourly Rates for Services
Acduisition Personnel
Hourly Rate . .
-Principal/Partner
$ 125.00
Project Manager
$ 85.00
Agent
$ 50.00
Admin. Support
$ 40.00
Appraisal Personnel
Principal
$ 175.00
MAl
$ 150.00
Certified Appraiser
$ 125.00
.Staff Appraiser.
$ 95.00
Automobile Mileage.
$ 0.51 per mile/current IRS rate
Miscellaneous Expense
Cost
-The above hourly rates are incl
usive of all employee cost
including food and lodging.
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ATTACHMENT A
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other erson doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a
Date Received
person who has a business relationship as defined by Section 176.001(1-a) with a local governmental
entity and the person meets requirements under Section 176.006(a),
By law this questionnaire must be filed with the records administrator of the local government entity
not later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.606, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local Government
Code. An offense under this section is a Class C misdemeanor.
Name of person who has a business relationship with local governmental entity.
A f: WS ! ,c 4 LP
z
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7ih business
day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, 8, C & D), must be completed for each officer with whom the filer has an employment or other business
relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CID as necessary.
A Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the
filer of the questionnaire?
0 Yes 0 No
S. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the
local government officer named in this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer
serves as an officer or director, or holds an ownership of 10 percent or more?
0 Yes = No
D. Describe each affiliation or business relationship. oil
4
Signature of person doing business with the governmental entity Date
Adopted OSWM007
PAGE 33 OF BID #4672
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ScMffMcc W the Denton Munidpol Electric OW Igngs Row lo Spwww Transmission Une Upgrade Project
VICINITY MAP
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
June 13, 2011
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
then present, the Chair of the Public Utilities Board convened into an open meeting on Monday,
June 13, 2011 at 9:47 a.m. in the Service Center Training Room, City of Denton Service Center,
901-A Texas Street, Denton, Texas.
Present: Chair Dick Smith, Barbara Russell, Bill Grubbs (arrived at 9:45), and John Baines
Absent: Vice Chair Bill Cheek, Phil Gallivan, and Randy Robinson
Ex Officio Member:
George Campbell, City Manager
Howard Martin, ACM Utilities
OPEN MEETING:
CONSENT AGENDA:
1) Consider a recommendation of an approval of a Professional Services Agreement for
Appraisal Services and ROW Acquisition Services by and between AR/WS Texas LP, and
the City of Denton for services regarding the procurement and delivery of land rights for the
Denton Municipal Electric 69kV Kings Row to Spencer Transmission Line Upgrade Project
(Phase I1); in a not-to-exceed amount of $381,800.
Board Member Russell moved to approve item I with a second from Board Member
Baines. The motion was approved by a 4-0 vote.
Adjourned at 10:37am
AGENDA INFORMATION SHEET
AGENDA DATE: June 21, 2011
DEPARTMENT: Utilities Administration
ACM: Howard Martin, 349-8232
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, amending Article V, entitled
"Direct and Indirect Discharge into Sanitary Wastewater System" of Chapter 26, "Utilities", of
the Code of Ordinances of the City of Denton, Texas, related to discharge into the sanitary
wastewater system; providing the purpose and scope of the ordinance; providing definitions;
providing for administration of program; providing procedures for abatement of violations;
providing for penalties; providing for determination of the character and concentration of
wastewater; providing for approval of plans, issuance of permits and certification of final
inspections; providing for inspections; providing rights of access to industrial user records;
providing for right of entry to users' property; providing affirmative defenses; providing for
bypass; providing for public participation; requiring connection to the sanitary sewer; providing
for the prohibition of dry closets; providing for the constriction of sanitary sewers and
connections; providing for owner responsibility for maintenance of sanitary sewer service lines;
requiring compliance with building regulations; prohibiting certain discharges into the publicly
owned treatment works; providing for specific pollutant limitations; prohibiting discharge of
waters not containing wastewater to the wastewater system; prohibiting discharge of polluted
water to any storm sewer or natural outlet; providing for the installation of traps regarding
certain discharges; requiring permits of wastewater discharges from transport tricks; requiring
permits for significant industrial users to connect to the wastewater system; providing procedures
for obtaining permits; providing for suspension or revocation of permits and the effect thereof,
providing for reinstatement of suspended or revoked permits; requiring necessary pretreatment of
wastewater by significant industrial users; requiring control manholes; providing for a surcharge
for abnormal strength wastewater; providing for the effect of the United States Code of Federal
Regulations; providing a savings clause; providing a misdemeanor penalty not to exceed $2,000
per day for violations of this ordinance; providing a civil penalty not to exceed $5,000 per day
for violations of this ordinance, together with other designated legal and equitable remedies that
are available to the City; and providing an effective date. The Public Utilities Board recommends
approval (4-0).
Consider approval of a resolution of the City Council of the City of Denton, Texas committing to
the continuation of adequate funding for implementation of the City of Denton Environmental
Protection Agency approved pretreatment program; and providing an effective date. The Public
Utilities Board recommends approval (4-0).
BACKGROUND
The Industrial Pretreatment Program regulates industrial wastewater discharges to the collection
system and ultimately to the City's Wastewater Treatment Plant. The City of Denton originally
developed the Industrial Pretreatment Program in 1983 in accordance with 40 CFR 403, General
Pretreatment Regulations and Texas Pollutant Discharge Elimination System (TPDES) Permit
WQ0010027003 for the Pecan Creek Water Reclamation Plant (PCWRP). Modifications to
ordinance, as well as the discharge limits placed on industries must be periodically evaluated in
response to changes in plant loading rates and changes in the regulatory requirements. This
process of evaluation, modifications, and adoption of modifications via ordinance is collectively
referred to as a "Pretreatment Substantial Modification". Pretreatment Substantial
Modifications are also required to include a resolution ensuring "continuation of adequate
funding for implementation of the United States Environmental Protection Agency approved
pretreatment program" (see Exhibit 4). Periodic evaluation of the Pretreatment Program
ensures adequate removal of pollutants from the waste stream prior to discharge into the
collection system and subsequently to the wastewater treatment plant.
The City submitted documentation and system information for the current pretreatment
modification to the Texas Commission on Environmental Quality (TCEQ) in July 2007.
Additional documentation was sent to the TCEQ in November 2007. The City received
comments back from the TCEQ in December 2009. Final responses were submitted to the
TCEQ on May 24, 2010. Staff received notice from the TCEQ in July 2, 2010 that the responses
had been accepted. Additional review for the legal components of the responses and the
potential impacts of new United States Environmental Protection Agency (USEPA) streamlining
riles has been ongoing since this date. It is important to note that the submittal timeframe for
the pretreatment substantial modification also coincided with the renewal of the TPDES permit
for the PCWRP.
Once approved by the City, the ordinance modification and supporting documentation will be
sent back to the TCEQ for final approval. After receipt and approval of this information, the
TCEQ will release the TPDES permit for the PCWRP. This will also start a 12-month timeline
for an additional substation modification to the program as part of the required pretreatment
streamlining process.
FISCAL SUMMARY
The pretreatment program is currently funded by fees from the wastewater utility. The
substantial modification ordinance must be accompanied by a funding resolution that ensures
that funding is in place to support the program. The funding resolution must be approved along
with the ordinance (Exhibit 4). This resolution does not represent a change in the current
proposed budget though staff is currently reviewing all pretreatment rates as part of the current
budget cycles. Staff will present all proposed rate changes to the Public Utility Board for
approval.
OPTIONS
1. Recommend approval of the ordinance for substantial modification of pretreatment program as
submitted, including the continued funding resolution.
2. Request TCEQ to consider changes to the substantial modification ordinance. If this option is
chosen, the TCEQ must review and approve all changes, which will likely result in delays for the
issuance of the PCWRP permit.
RECOMMENDATION
Staff recommends Option 1.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This item was presented at the June 13, 2011 Public Utilities Board meeting. The Public Utilities
Board recommends approval (4-0).
A public meeting was held on June 16, 2011.
EXHIBITS
1. Pretreatment Program Ordinance Modification Presentation as given to Public Utilities Board
2. Attorney' Statement
3. Pretreatment Program Ordinance markup
4. Pretreatment Program Funding Resolution
5. Final Pretreatment Program Ordinance
6. Public Utilities Board Meeting minutes
Respectfully submitted:
w
Kenneth Banks,
Director Environmental Services and Sustainability
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E
October 15, 2010
Ms. Jaya Zyman-Ponebshek
Storm Water & Pretreatment Team Leader
Wastewater Permitting Section
Water Quality Division
MC-148
P.O. Box 13087
Austin, TX 78711-3087
RE: Legal Authority - The City of Denton, Texas - Pretreatment Program
Dear Ms. Ponebshelc:
I am an in-house attorney for the City of Denton, Texas and the following statement is
submitted pursuant to the requirements contained in the Code of Federal Regulations (CFR)
section 403.9(b)(1) regarding the legal authority for the City of Denton to implement the City of
Denton's Pretreatment Program.
It is my opinion that the City of Denton, Texas has adequate authority to carry out the
program described in 40 CFR Section 403.8, based on the authority granted to it by: Texas
Administrative Code, Title 30 §315.1; Texas Water Code, Title 2, Chapter 26; and Ordinance
No. 93-112 of the City of Denton, Texas.
The following references to the legal authority requirements of 40 CFR 403.8(f)(1) are
correlated with appropriate sections of the City of Denton Ordinance which provide the required
authority. Where the authority is not apparent from a reading of the Ordinance provision, an
explanation is provided.
General - Section 26-152 of the City of Denton Ordinance provides that all connections
of lateral or other sewer lines to the sewerage system of the service area shall be made subject to
such terms and conditions as the City of Denton may prescribe. Pursuant to this authority the
City of Denton City Council has adopted its Ordinance No. 93-112, setting forth the terms and
conditions upon which industrial users may connect to the system.
40 CFR 403.8(f)(1)(i) - New contributions to the public sewerage system may not be
made without an industrial user first obtaining a Sewer Use Permit (Section 26-201(a)) which
may contain various prohibitions and conditions (Sections 26-186, 26-187, and 26-202(c)).
Existing industrial users (those connected to the system prior to the effective date of the City of
Denton Ordinance shall be required by the Assistant City Manager of Utilities to obtain an
Industrial/Commercial Wastewater Discharge Permit (Section 26-201(b)). If there has been an
increase or change in an industrial user's contribution to the system, the discharger is required to
reapply for a permit to cover those changes (Section 26-202(f)(16)), and the Assistant City
Manager of Utilities may change the conditions of any industrial/commercial wastewater
discharge permit as circumstances may require (Section 26-202(f)(16)(ii).
40 CFR 403.8(f)(1)(ii) - In order to require compliance with applicable Pretreatment
Standards, the City of Denton must be able to require compliance with EPA's listed general
prohibitions (403.5(a)), specific prohibitions (403.5(b)), local limits developed to implement the
general and specific standards (403.6) and specific standards (403.6). Section 26-186(a) of the
Ordinance prohibits any discharge to a sewer which will result in a nuisance, or contamination or
pollution of receiving waters. Section 26-152 prohibits conditions which violate any statute, rile,
regulations or ordinance of any public agency (including EPA). Section 26-186(b) prohibits
those discharges prohibited by EPA regulations. These three sections empower the City of
Denton to enforce the general and specific prohibitions contained in 40 CFR 403.5(a) and (b).
When local discharge limits are developed pursuant to 403.5(c) and (d), they may be imposed by
the Assistant City Manager of Utilities as a permit condition pursuant to Ordinance Section 26-
187(a). National categorical pretreatment standards may also be imposed as a permit condition
per Ordinance Section 26-187(g), which empowers the Assistant City Manager of Utilities to
regulate discharges regulated by EPA.
40 CFR 403.8(f)(1)(iii) - The City of Denton has control via a permit system authorized
by Ordinance Section 26-201(a).
40 CFR 403.8(f)(1)(iv)(A) - The City of Denton Assistant City Manager of Utilities may,
to remedy or avoid a violation of the ordinance or industrial/commercial wastewater discharge
permit, require a user to develop a compliance schedule for installation of control technology
under Ordinance Section 26-155(a)(2)(i). Additionally, the Assistant City Manager of Utilities
may require a compliance schedule as part of the required information under Ordinance Section
26-202(f)((1)(vii) as a condition of obtaining a permit.
40 CFR 403.8(f)(1)(iv)(B) - The City of Denton Assistant City Manager of Utilities may
require a user to submit all notices and self-monitoring reports required by EPA regulations
through authority granted in Ordinance Sections 26-202(f)(1) through (17).
40 CFR 403.8(f)(1)(v) - The City of Denton Assistant City Manager of Utilities may
carry out inspection, surveillance and monitoring procedures under authority granted in
Ordinance Section 26-159, Section 26-160, and Section 26-161.
40 CFR 403.8(f)(1)(vi)(A) - The City of Denton may seek remedies for noncompliance
with pretreatment standards and requirements. As a matter of general law, the City of Denton
may seek injunctive relief for noncompliance since any such noncompliance might result in
irreparable harm to the treatment plant, to the health and safety of plant workers, and to the
environment; and since damages at law would not be an adequate remedy. The Ordinance
Section 26-156(a) and Section III provide that intentional violation of the ordinance is a
misdemeanor which is punishable by a fine not to exceed $2,000 per day, per violation.
Additionally, a civil liability is imposed by Ordinance Section 26-156(b) for intentional or
negligent violation of the City of Denton requirements relating to (1) pretreatment of industrial
waste which would otherwise be detrimental to the treatment works or its operation, and (2) the
prevention of entry of such waste into the collection system or treatment works. The civil
liability may equal a sum not to exceed $5,000 per day, per violation as provided by state statute,
Texas Local Government Code 54.017(b).
40 CFR 403.8(f)(1)(vi)(B) - The City of Denton Assistant City Manager of Utilities may,
under Ordinance Section 26-155(e)(1), temporarily suspend a Sewer Use Permit or impose
temporary restrictions on discharges where continued discharges would jeopardize the ability of
the treatment system to meet water quality standards, threaten damage to the sewerage system, or
cause a nuisance or an unsafe condition to occur. Ordinance Section 26-155(e)(2) requires
compliance with restrictions or cessation of discharges at the effective time of such action.
40 CFR 403.8(f)(1)(vii) - Confidentiality requirements are provided for in Ordinance
Section 26-160(c).
As stated above, the City of Denton will implement the requirements of its pretreatment
program and apply pretreatment standards to individual industrial users through use of a sewer
use permit system, and by direct enforcement of its sewer use ordinance. A description of the
exact procedures to be used in implementing the pretreatment program is provided in the
Pretreatment Program Procedures portion of the City of Denton's Pretreatment Program.
The City of Denton intends to ensure compliance with pretreatment standards and
requirements through an inspection and sampling program authorized under Section 26-161 of
the Ordinance, which would allow for the determination of noncompliance with discharge
limitations and requirements independent of information supplied by the industrial user. The
inspection and sampling program is described in the Pretreatment Program Procedures portion of
the City of Denton's Pretreatment Program.
Those violating permit conditions will be ordered to "Cease and Desist" (Ordinance
Section 26-155(a)(2)(ii),) and are subject to having service terminated (Section 26-155(d)) and
their permit revoked (Section 26-203(b)). The City of Denton is prepared to take court action
where necessary to enforce compliance with its orders, permits and ordinance.
Very truly yours,
The City of Denton, Texas
A Texas Municipal Corporation
By:
Michael S. Copeland, Utility Attorney
ARTICLE V. INDIRECT DISCHARGE INTO SANITARY WASTEWATER SYSTEM"
"Editor's note: Ord. No. 93-112, § I, adopted June 15, 1993, repealed former Art. V, relative to direct and
indirect discharge into the sanitary wastewater system, and enacted a new Art. V to read as herein set
out. The provisions of former Art. V derived from Code 1966, 25-130--25-138, 25-150--25-155, 25-
160--25-165, 25-170--25-177.
DIVISION 1. GENERALLY
Sec. 26-151. Purpose.
This ordinance sets forth uniform requirements for users of the Publicly Owned Treatment
Works for the City of Denton and enables the city to comply with all applicable State and Federal laws,
including the Clean Water Act (33 United States Code § 1251 et seq.} and the General Pretreatment
ReEulations (40 Code of Federal ReEulations Part 403).
The objectives of this ordinance are:
(Ord. No. 93-112, § I, 6-15-93)
Sec. 26-152. Scope.
This article shall apply to the 4 ~ discharge of all water-carried wastes in the city
and shall, among other things, provide for the regulation of sewer construction in areas within the
jurisdiction of the city, the approval of plans for sewer construction, the quantity and quality of
wastewater discharged, the degree of wastewater pretreatment required, the issuance of
industrial/commercial wastewater discharge permits and of other miscellaneous permits.
(a) Industrial users within thejurisdiction of this ordinance shall comply with all Federal General
Pretreatment regulations and with those Federal Categorical Pretreatment Standards
applicable to each. (Title 40, Chapter I, Subchapter N, parts 403--471).
Comment [COD1]: This conflicts with the
Federal definition of direct. I removed the
definition for direct and changed the definition of
indirect discharge to include all discharges into the
POTW, which is consistent with EPA.
Page 1 of 37
(b) Industrial users within the jurisdiction of this ordinance shall comply with all applicable
sections of Chapter 26 of the Texas Water Code.
(Ord. No. 93-112, § I, 6-15-93)
Page 2 of 37
i
Sec. 26-153. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Abnormal strength wastewater means any wastewater having a suspended solids, BOD, COD,
chlorine demand or total phosphate concentration in excess of that found in normal strength
wastewater.
Act means Public Law 92-500, as amended, 33 U.S.C. 1251 et seq. as enacted by the United
States Congress and known as the Federal Water Pollution Control Act or Clean Water Act
~ pproval outhoritylmeans the regional administrator of the EPA, or the director of a state Comment [COD2]: Changed to includeTCE4
agency delegated to act on the EPA's behalf with an approved pre-treatment program (eg_director of
TCEQ).
Approved methods means analysis performed in accordance with 40 CFR 136, "Guidelines
Establishing Test Procedures for the Analysis of Pollutants under the Clean Water Act" and amendments,
or with any other test procedures approved by EPA.
Authorized representative of the users means:
1) If the user is a corporation:
a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a
principal business function, or any other person who performs similar policy or decision-
making functions for the corporation; or
b. The manager of one or more manufacturing production, or operation facilities
employing more than two hundred fifty (250) persons or having gross annual sales or
expenditures exceeding twenty-five million dollars ($25,000,000.00) (in second-quarter
1980 dollars), if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
2) If the user is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
3) If the user is a federal, state or local governmental facility: a director or highest official
appointed or designated to oversee the operation and performance of the activities of the
government facility, or their designee.
4) The individuals described in paragraphs (1) through (3), above, may designate another
authorized representative if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to the City of Denton.
Page 3 of 37
BOD means the quantity of oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milligrams
per liter.
Building means any structure used or intended for supporting or sheltering any use or
occupancy.
Building drain means that part of the piping of a building drainage system which receives the
discharge of all soil, waste and other drainage from inside the structure and conveys the drainage to the
building service line outside the foundation wall of such building.
Categorical pretreatment standard means any regulation containing pollutant discharge limits
applicable to a specific category of users as promulgated by the EPA in accordance with section 307(b)
and (c) of the Act. (33 U.S.C. § 1317) (40 CFR Chapter I, Subchapter N, Parts 405--471).
Chlorine demand means the difference between the amount of chlorine added to water,
wastewater or industrial wastes and the amount of residual chlorine remaining at the end of a twenty-
minute contact period.
COD, denoting chemical oxygen demand, means the measure of the oxygen equivalent of that
portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant.
Committee means the environmental appeals committee.
Composite sample means sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples. The sample may be composited either as a time composite
sample; composed of discrete sample aliquots collected in one container at constant time intervals
providing representative samples irrespective of stream flow; or as a flow proportional composite
sample: collected either as a constant sample volume at time intervals proportional to stream flow, or
collected by increasing the volume of each aliquot as the flow increases while maintaining a constant
time interval between the aliquots.
utilities.
Control authority means the City of Denton acting by and through its assistant city manager-
Control manhole means an opening giving access to a service line at some point before the
service line discharges to the wastewater system.
Cooling water means the water discharged from any system of condensation such as air
conditioning, cooling or refrigeration.
ns the discharge of a pollutant measured during a calendar day or any 24-
hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with
limitations expressed in units of mass, the "daily discharge" is calculated as the total mass of the
pollutant discharged over the day. For pollutants with limitations expressed in other units of
measurement, the "daily discharge" is calculated as the average measurement of the
pollutant over the day.
Comment [COD3]: Consistent with definition in
Part 122.2. Added in order to clarifythe required
additions of Daily Average Limit and Monthly
Average Limit.
Page 4 of 37
Daily Maximum Limit lmeans the maximum allowable discharge limit of a pollutant during a Comment [COD4]: Required change-
calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the consistent with Part 122.2
total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average measurement of the pollutant
concentration derived from all measurements taken that day.
EPA means the United States Environmental Protection Agency or its successor agencies.
Assistant city manager- utilities means the chief executive officer of the utilities department of
the city or his authorized deputy, agent or representative.
of time.
Flow rate means the quantity of wastewater that flows past a particular point in a certain period
Grab sample means a sample which is taken from a wastestream without regard to the flow in
the wastestream and over a period of time not to exceed fifteen (15) minutes.
Indirect Discharge or Discharge means the introduction of pollutants into the POTW from any
nondomestic source.
Industrial/commercial user means any non-domestic source discharging pollutants to the City of
Denton POTW which is not a significant industrial user.
Industrial/commercial wastewater discharge permit, referred to in this article as
"industrial/commercial discharge permit," means a permit required of a significant industrial user to
deposit or discharge waste into any wastewater system under jurisdiction of the city.
Industrial/commercial wastewater surcharge means a charge, as set forth in this Code, levied on
industrial/commercial users of the sewage treatment works for the additional costs of treating
wastewater discharges of abnormal strength wastewater.
Interfere means inhibition or disruption of the wastewater system which contributes to a
violation of any requirement of this article.
Interference means a discharge, which alone or in conjunction with a discharge or discharges
from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge
Page 5 of 37
Comment [CODS]: Consistent with EPA
definition.
processes, use or disposal; and therefore, is a cause of a violation of the City of Denton's NP DES permit
or of the prevention of sewage sludge use or disposal in compliance with any of the following
statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local
regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to
as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air
Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
May means that the possibility or likelihood of response exists; discretionary action.
mg11 means milligrams per liter.
Monthly Averape Limitlmeans the highest allowable average of "daily discharges" over a Comment [CODE]: Required addition
calendar month, calculated as the sum of all "daily discharges" measured during a calendar month
divided by the number of "daily discharges" measured during that month.
Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water
or groundwater.
INew source meansl: Comment [COD7]: Required addition
(1) Any building, structure, facility, or installation from which there is (or may be) a discharge
of pollutants, the construction of which commenced after the publication of proposed
pretreatment standards under Section 307(c) of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance with that section,
provided that:
a. The building, structure, facility, or installation is constructed on a site at which no other
source if [is] located; or
b. The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at' an existing source; or
c. The production or wastewater generating processes of the building, structure, facility,
or installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the existing source, should
be considered.
(2) Construction on a site at which an existing source is located results in a modification rather
than a new source if the construction does not create a new building, structure, facility, or
installation meeting the criteria of section (1)(b) or (c) above but otherwise alters, replaces,
or adds to existing process or production equipment.
(3) Construction of a new source as defined under this paragraph has commenced if the owner
or operator has:
a. Begun, or caused to begin, as part of a continuous onsite construction program:
Page 6 of 37
i. Any placement, assembly, or installation of facilities or equipment; or
ii. Significant site preparation work including clearing, excavation, or removal of
existing buildings, structures, or facilities which is necessary for the placement,
assembly, or installation of new source', facilities or equipment; or
b. Entered into a binding contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation within aL reasonable time. Options to
purchase or contracts which can be terminated -or modified without substantial loss,
and contracts for feasibility, engineering=and design studies do not constitute a
contractual obligation under this paragraph.
Normal strength wastewater means wastewater which, when analyzed by the city, shows by
weight a daily average of not more than two thousand eighty-five (2,085) pounds per million gallons
(two hundred fifty (250) milligrams per liter) of suspended solids and two thousand eighty-five (2,085)
pounds per million gallons (two hundred fifty (250) milligrams per liter) of BOD and two thousand
eighty-five (2,085) pounds per million gallons (two hundred fifty (250) milligrams per liter) of COD and
not more than seventy-five and one-tenth (75.1) pounds per million gallons (nine (9) milligrams per liter)
of chlorine demand and forty-one and seven-tenths (41.7) pounds per million gallons (five (5) milligrams
per liter) of phosphorus and which is otherwise acceptable into a public sewer under the terms of this
article.
NPDES permit means the National Pollution Discharge Elimination System (NPDE'S) permit as
issued pursuant to section 402 of the Act (33 U.S.C. 1342).
Objectionable waste means any wastewater that can harm the sewers, wastewater treatment
process or equipment, have an adverse effect on the receiving stream or otherwise endanger life, health
or property or constitute a nuisance.
Pass through means a discharge which exits the POTW into waters of the United States in
quantities or concentrations which, alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the City of Denton's NPDES permit, including an
increase in the magnitude or duration of a violation.
Person means any individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity or any other legal entity, or their
legal representatives, agents or assigns. The masculine gender shall include the feminine and the
singular shall include the plural except as otherwise indicated by the context.
pH means the degree of acidity or alkalinity of a solution, expressed as the logarithm of the
reciprocal of the hydrogen ion concentration in gram equivalents per liter of solution.
Point of discharge means any discernible, confined and discrete conveyance or vessel from
which wastewater may be discharged into a public waterway or public wastewater system.
Polluted water means any water, liquid or gaseous waste containing any of the following:
soluble or insoluble substances of an organic or inorganic nature; settleable solids that may form sludge
deposits; grease and oils; floating solids which may cause unsightly appearance; color; phenols and
Page 7 of 37
other substances to an extent which would impart any taste or odor to the receiving stream; and toxic
or poisonous substances in suspension, colloidal state, solution or gases.
POTW (publicly owned treatment works) means a treatment works as defined by, Section 212 of
the Act through which the City of Denton wastewater is collected, stored, treated, recycled or
reclaimed. This definition includes all sanitary sewers that convey wastewater to the contracted POTW
treatment plants. For the purposes of this chapter, 'POTW" shall also include any sewers that convey
wastewater to the POTW from persons outside the city who are, by contract or agreement with the city,
and users of the city's wastewater collection system. The term also means the municipality as defined in
Section 502(4) of the Act which has jurisdiction over the indirect discharges to and the discharges from
such a treatment works.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or
the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such
pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or
biological processes; by process changes; or by other means, except by diluting the concentration of the
pollutants unless allowed by an applicable pretreatment standard.
Pretreatment standard, or National pretreatment standard or ^*m * 4 ri~
standard: Any regulation containing pollutant discharge limits promulgated by the EPA in accordance
with Section 307(b) and (c) of the Act, which applies to users. This term includes:
(1) Discharge prohibitions and local limits established pursuant to 40 CFR 403.5; and
(2) Categorical pretreatment standards established pursuant to 40 CFR 403.6.
Privy means an outhouse or similar type small building used as a toilet where wastes are either
buried on site or collected and disposed of elsewhere.
Public nuisance means all sewage, human excreta, wastewater, or other organic wastes
deposited, stored, discharged or exposed in such a way as to be a potential instrument or medium in the
transmission of disease to or between any person or persons.
Sanitary sewer means a sewer intended to receive domestic wastewater and admissible
industrial/commercial wastewater, but to which stormwater, surface water and groundwaters are not
intentionally admitted.
Septic tank means any covered watertight tank not connected to the wastewater system and
which is designed for the treatment of wastewater.
Service line means that part of the horizontal piping of the building drainage system beginning at
the outside foundation wall and terminating at its connection with the wastewater system.
Sewage means water which contains, or which has been in contact with organic and inorganic
contaminants such as human or animal wastes, vegetable matter, cooking fats and greases, laundry and
dishwashing detergents, and other chemical compounds and waste products.
Sewer means a pipe or conduit for carrying wastewater.
Page 8 of 37
Sewersystem means all facilities which are owned by the city for collecting, carrying, treating
and disposing of wastewater.
Shall means the obligation or necessity to respond; mandatory action.
pipnificant industrial user
(1) A user subject to categorical pretreatment standards; or
(2) A userthat:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the
POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater),
(b) Contributes a process wastestream which makes up five percent or more of
the average dry weather hydraulic or organic capacity of the POTW treatment
plant; or
(c) Is designated as such by the city on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in subsection (2) has no reasonable
potential for adversely affecting the POTW's operation or for violating any pretreatment
standard or requirement, the city may at any time, on its own initiative Or In response t0
a petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6)_
determine that such user should not be considered a significant industrial
user.
(;halpteF 1,
Significant noncompliance means:
(1) Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six (66) percent or more of all of the measurements taken during a six-month
period exceed (by any magnitude) the daily maximum limit or the average limit for
the same pollutant parameter;
Comment [COD8]: Required revision. It is now
consistent with EPA.
Page 9 of 37
(2) Technical review criteria (TRC) violations, defined here as those in which thirty-
three (33) percent or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product of the
daily maximum limit or the average limit multiplied by the applicable TRC;
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-
term average) that the City of Denton determines has caused, alone or in
combination with other discharges, interference or pass through (including
endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare or to the environment or has resulted in the POTW s exercise of its
emergency authority under provisions of the City of Denton Code of Ordinance to
halt or prevent such a discharge;
(5) Failure to meet, within ninety (90) days after the scheduled date, a compliance
schedule milestone contained in a local control mechanism or enforcement order
to starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within thirty (30) days after the due date, required reports such
as baseline monitoring reports, ninety-day compliance reports, periodic self-
monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations which the City of Denton determines will
adversely affect the operation or implementation of the local pretreatment
program.
Slug means any discharge of wastewater concentration of any given constituent or in quantity of
flow for any period longer than fifteen (15) minutes, more than five (5) times the average twenty-four-
hour concentration or flow of normal operations of the user in question.
Slug load means any pollutant discharge at a flow rate or concentration which could cause a
violation of the specific prohibitions under section 26-187 or 40 CFR 403.5(b) to 403.12(f).
Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of the President of the United States, Office of
Management and Budget, 1972, or latest edition.
Standard methods means the latest edition of Standard Methods for the Examination of Water
and Wastewater, prepared and published jointly by the American Public Health Association, American
Water Works Association and the Water Pollution Control Federation.
Storm drain orstorm sewer means a public drainage pipe which carries stormwater and surface
waters and drainage, but is not intended to carry wastewater other than unpolluted cooling water.
Stormwater means rainfall or any other form of excess water which is derived from
precipitation.
Page 10 of 37
Suspended solids means solids that either float on the surface of or are in suspension in water,
wastewater or other liquids and which are removable by acceptable laboratory procedures-' as set forth
in standard methods.
Total dissolved solids means the material left in the vessel after evaporation of a sample and its
subsequent drying in an oven at a defined temperature.
Toxicsubstance means any substance, whether gaseous, liquid or solid, which, when discharged
to the sanitary sewer in sufficient concentrations, as determined by the executive assistant city manager
- utilities, may be hazardous to sewer maintenance and personnel, tend to interfere with any
wastewater treatment process or to constitute a hazard to human beings or animals or to inhibit aquatic
life or to create a hazard to recreation in the receiving waters of the effluent from a wastewater
treatment plant.
Transport truck discharge (TTD) permit shall mean a permit to deposit or discharge septic tank,
cesspool or seepage pit wastes into the wastewater system.
Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable
wastes or other harmful substances from wastewater before entering the wastewater system.
User charge means a charge levied on users of the wastewater system for the capital cost, as
well as the operation and maintenance of such works, as set forth in this Code.
Waste means rejected, unutilized or superfluous substances in liquid, gaseous or solid form
resulting from domestic, agricultural or industrial activities.
Wastewater means the water-carried wastes which are discharged into the wastewater system.
Water closet means a compartment or room equipped with a toilet that is properly connected
to the sanitary sewer and has the means for mechanical discharge.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01; Ord. No. 2006-025, § 2, 1-17-06)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 26-154. Administration.
Except as otherwise provided, the assistant city manager - utilities shall administer the
provisions of this article.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-155. Procedures for abatement of violations.
("dministratlve Enforcement Remedied.
(1) Notice of Violation. When the assistant city manager - utilities finds that a user has
violated, or continues to violate, any provision of this chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or requirement, the
assistant city manager - utilities may serve upon that user a written notice of violation.
Within the timeframe specified in this notice, which is usually but not always ten days, an
Comment [COD9]: This section was modified to
more closely reflect EPA Guidance as required. I
also modified a few of the other provisions in this
section for consistency.
Page 11 of 37
explanation of the violation and a plan for the satisfactorv correction and prevention
thereof. to include suecific reauired actions. shall be submitted bv the user to the assistant
citv mana2er utilities. Submission of this ulan in no wav relieves the user of liabilitv for anv
violations occurrinE before or after receiot of the notice of violation. NothinE in this section
shall limit the authoritv of the assistant citv mana2er utilities to tal<e anv action. includinz
emerEencv actions or anv other enforcement action. without first issuinE a notice of
violation.411„t;-- t!,_ p--l5f2'1T EITy -all~ges" L'T'IIT'c~ I12-~ ~J`+`...j..`;J
#P_-t er.'d p~_rsFr. .".u~ vier.'d pr_-visiFr. --#t.".i-- urt:~:~_ --r t~ut ~4 er ✓:~I:-t:F:-, i-- ir.sr
r-a'J, ir, a~,;,,t;~, t~_ ar,,o ~_t~~sr -r.e:,./ Fr~.,,;,~;,
_r ;r, `!aas,
~r`!~!e, iss4e a rcc,-, ~4 r EJ;• c~Il~b ~Lat -1. ✓i~~a~~~.. ~~e ~~rr~~_~' ~r s~~-'
~r,•' s"all s`ate,
T~.~ ~at;°~ ~f`.",~ ;~~lat!~r, a~~,,~e ~°~,!~i~~s ~ft~.,s ar`ie!e ~vr~~,",'a~"e~r, ✓i~la`~~';
~2A'F:° t~ut must rs t-- --r F1_2ts tl°~_ ,'iFl2tiF:°i
TLe a=_u:°e v°iitLir. v°iL:~_l_ `~_e ✓i~lati~:° :-use Le e~•';
A p-_rE-_r t-- r.I-.--:n t'_,s r.Ft•:-_s F+a~ is :n:d e~ p-_ul f°--in th~_
_..__ur,,alslseals z., -itte~_
_ssis`ar,` e!t,r ma~ag~sr Lt!lit!es ar, aFp~_al ar,<_, lil,re vtitrir, (11) sf `.",e s`
n fe>!,:rs t-- r.it~ t~E i°Ft:--s Fr.•' t-- `i!_ u
~FF ~al ~a,o ~~.iri..ati~~ ~f v°ta~`~~•✓at~° ~ ~°;~e~.
Ef r,a`;eE Er-'er. nr,r ~ 21,' ~°~'~r ar`ie!e sLall ~r, •v°tr;tir,o
:r. p--_rsF~~ r,r --r °nail a- tl„ -r ~f`h~
~rrGa`e•~ret~~ ~•,r;`~~n a at~~_r rs~ ,E ta L~_ far sGsI° vial2tis~r.
(2) Adrninistrntive Orders.
i. Comalinnce Orders. When the assistant citv mana2er utilities finds that a user has
violated. or continues to violate. anv orovision of this chaoter. a wastewater discharEe
permit or order issued hereunder, or anv other pretreatment standard or reauirement, the
citv manaRer utilities mav issue an order to the user resuonsible for the discharRe directinR
that the user come into compliance within a specified time. If the user does not come into
comuliance within the time urovided. sewer service mav be discontinued unless adeauate
treatment facilities. devices. or other related aoourtenances are installed and orooerlv
ouerated. Comuliance orders also mav contain other reauirements to address the
noncomoliance. includinE additional self monitorinE and manaEement oractices desiEned to
minimize the amount of uollutants discharEed to the sewer. A comuliance order mav not
extend the deadline for comoliance established for a oretreatment standard or
reauirement. nor does a comuliance order relieve the user of liabilitv for anv violation.
includin2 anv continuin2 violation. Issuance of a comuliance order shall not be a bar a2ainst.
or a urereauisite for. tal<inE anv other action aEainst the user.
Page 12 of 37
ii. Cease and Desist Orders. When the assistant city manager - utilities finds that a user
has violated, or continues to violate, any provision of this chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or requirement, or
that the user's past violations are likely to recur, the assistant city manager - utilities may
issue an order to the user directing it to cease and desist all such violations and directing the
userto:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to
properly address a continuing or threatened violation, including halting operations and/or
terminating the discharge.
(b) Service ofnotice or order. Any notice or order issued under this article shall be in writing and
served in person or by registered or certified mail on the record user or users of the
wastewater system or other persons determined to be responsible for such violation.
Issuance of a cease and desist order shall not be a bar aEainst. or a orereouisite for. takinE
any other action against the user.
Appeals. Any person may appeal i"e ~~an order of the assistant city manager -
utilities by filing a written notice of appeal with the assistant city manager - utilities on
forms provided by the Utilities Administration Office. Such notice of appeal shall be filed
within (10) days of service of the order.
-Termination of service. If no timely appeal is filed, the assistant city manager - utilities
may, if a violation is continuing or reoccurring or may reoccur, terminate wastewater service
to the person ordered to correct or abate such violation if such violation has not been
corrected or abated within the time specified in such order.
Emergency suspension of service.
(1) Suspension. The assistant city manager- utilities may, without prior notice, suspend
water service, sanitary sewer service and/or storm sewer access to a user or to a person
discharging to the sanitary sewer or storm sewer when such suspension is necessary in
the opinion of the assistant city manager - utilities to stop an actual or threatened
discharge which:
I. Presents or may present imminent substantial danger to the environment or to
provided by the health or welfare of persons;
ii. Presents or may present imminent substantial danger to the POTW, storm sewer or
waters of the state; or
iii. Will cause pass through or interference of the POTW.
Page 13 of 37
(2) Notice of suspension. As soon as is practicable after the suspension of service, the
assistant city manager - utilities shall notify the user or the person discharging to the
wastewater or storm sewer of the suspension, and order such person to cease the
discharge immediately.
(3) Othersteps. If a person fails to comply with a notice or++ order issued under subsection
(;~a), the assistant city manager - utilities shall take such steps as it deems necessary to
prevent or minimize damage to the storm sewer, POTW or waters of the state, or to
minimize danger to persons. Such steps may include immediate severance of a person's
sanitary sewer connection.
(4) Reinstating service. The assistant city manager - utilities shall reinstate suspended
services to the wastewater user or to the person discharging to the storm sewer:
i. Upon proof by such person that the non-complying discharge has been eliminated;
ii. Upon payment by such person of its outstanding water, sewer and stormwater
utility charges;
iii. Upon payment by such person of all costs incurred by the city in responding to the
discharge or threatened discharge; and
iv. Upon payment by such person of all costs incurred by the city in reconnecting
service.
(5) Written statement. Within five (5) days of the day of suspension of services, the
wastewater user or the person discharging to the storm sewer shall submit to the
assistant city manager - utilities a detailed written statement describing the cause of the
discharge and the measures taken to prevent any future occurrence.
(6) Right to hearing. A person whose service has been suspended under this section may
apply to the department which suspended service for a hearing on the issue of the
suspension. The hearing shall be conducted in accordance with subsection (f) of this
section.-
Hearing and determination.
(1) An environmental appeals committee is hereby established and authorized to hear and
decide appeals from any order issued by the assistant city manager - utilities pursuant to
this article. The committee shall be composed of three (3) members appointed by the
city manager. No individual appointed to the committee shall be employed in the chain
of command of the assistant city manager - utilities.
(2) The committee may call and hold hearings, administer oaths, receive evidence at the
hearing, and make findings of fact and decisions with respect to administering its
powers in this chapter.
(3) Upon the hearing, the committee shall determine if there is substantial evidence to
support the assistant city manager - utilities determination and order. The decision of
the committee shall be in writing and contain findings of fact. If the committee,
Page 14 of 37
determines that there is substantial evidence to support the determination and order of
the assistant city manager- utilities, the committee shall, in addition to its decision,
issue an order:
a. Requiring discontinuance of such violation or condition;
b. Requiring compliance with any requirement to correct or prevent any condition or
violation; or
c. Suspending or revoking any permit issued under this article.
(4) In any decision and order issued by the committee, the order shall specify the time in
which the compliance with the order must be taken. A copy of the decision and order
shall be delivered to the appellant or person to whom the order is directed in person or
sent to him by registered or certified mail.
(5) Should the appellant fail to comply with the order of the committee within the time
specified therein, if any, the assistant city manager- utilities, in addition to any other
remedy provided for in this article, may terminate sewer service to the appellant.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-156. Penalties.
(a) A person who violates any provision of this article shall, upon conviction by the municipal
court, be punished as provided in section 1-12 of the "General Provisions" chapter of this
Code.
(b) The city attorney is authorized to commence an action for appropriate legal or equitable
relief in a court of competent jurisdiction. Such relief may include:
(1) An injunction to prevent a violation of this chapter;
(2) Recovery for damages to the POTW or storm sewer resulting from a violation of this
chapter;
(3) Recovery for expenses incurred by the city in responding to a violation of this chapter;
(4) A daily civil fine of up to the maximum provided by Texas Local Government Code
54.017 (b) for a violation of sections 26-151 through 26-208; and
L~LAII other damages, costs and remedies to which the city may be entitled.
(Ord. No. 93-112, § I, 6-15-93)
Sec. 26-157. Determining the character and concentration of wastewater.
(a) The wastewater discharged or deposited into the wastewater system shall be subject to periodic
inspection and sampling as often as may be deemed necessary by the assistant city manager -
utilities. Sampling shall be conducted according to customarily accepted methods, reflecting the
Page 15 of 37
effect of constituents upon the wastewater system and determining the existence of hazards to
health, life, limb and property.
(1) Except as indicated in section 26-157(a) subsection (2) below, the user must collect
wastewater samples using flow proportional composite collection techniques. In the
event flow proportional sampling is infeasible, the assistant city manager - utilities may
authorize the use of time proportional sampling or a minimum of four (4) grab samples
where the user demonstrates that this will provide a representative sample of the
effluent being discharged. In addition, grab samples may be required to show
compliance with instantaneous discharge limits.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
(b) The examination and analyses of the characteristics of waters and wastes required by this article
shall be:
(1) Conducted in accordance with Section 304(h) of the Clean Water Act; 40 CFR Part 136
and amendments thereto; or any techniques approved by EPA; and
(2) Determined from suitable samples taken at the control manhole provided or other
control points authorized by the city.
(c) The determination of the character and concentration of wastewater shall be made by the
assistant city manager - utilities at such times and on such schedules as may be established by
the assistant city manager- utilities.
(d) Any person determined to be discharging wastewater in violation of this article shall
compensate the city for the cost of sampling and monitoring the discharges until such time as
the discharged wastewater is in compliance with this article. The assistant city, manager-
utilities shall determine the number of samples and the frequency of sampling necessary to
maintain surveillance of the discharges.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
~ec. 26-158. Approval of plans, issuance of permits and certification of final inspectionl.
(a) Wastewater system work permit required. It shall be unlawful for any user of the wastewater
system to construct, reconstruct, modify, enlarge or alter any equipment, device, machinery,
apparatus or facility or system or component thereof which is used or is intended to be used to
treat, process, measure or convey any wastewater which is or will be discharged into the
wastewater system without first obtaining a wastewater system work permit from the assistant
city manager - utilities.
(b) Requirements for permit. A wastewater system work permit shall be issued when all plans,
drawings and specifications are submitted in such detail as the assistant city manager - utilities
may require and the assistant city manager - utilities has determined that the work to be done
will result in adequate treatment, processing, measuring and conveyance of the; wastewater
discharged into the wastewater system in accordance with the provisions of this article.
Comment [COD10]: We would like to omit this
section for purposes of the approved pretreatment
program.
Page 16 of 37
(c) Certificate of final inspection upon completion.
(1) Upon completion of the work to be done under the wastewater system work permit,
the assistant city manager- utilities shall inspect the work and, if done in accordance
with the permit, the executive assistant city manager - utilities shall issue a certificate of
final inspection to the permit holder.
(2) If the completed work does not comply with the plans and specifications submitted for
which the permit was issued, the assistant city manager - utilities shall require such
correction as necessary before a certificate of inspection is issued.
(3) No person receiving a wastewater system work permit shall utilize or make use of any
equipment, device, machinery, apparatus or facility covered by the permit until a
certificate of final inspection is issued in accordance with this article.
(d) Right to inspect. No person shall refuse the assistant city manager - utilities: the right to inspect
any work done or required to be done under this article.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-159. Inspections.
Representatives of the city, the EPA, the Texas Commission on Environmental Quality and the
state health department or any successor agency bearing proper credentials and identification shall be
permitted to enter upon the premises of industrial users for the purpose of inspection, observation, flow
measurement, sampling and testing of the wastewater system or any wastewater discharged into the
wastewater system or examination of any records, files and operational activities associated with the
industrial pretreatment program and generation of hazardous waste and discharges into the
environment._Jfhe city will, at a minimum, inspect all Significant Industrial Users once per year
(Ord. No. 93-112, § I, 6-15-93)
Sec. 26-160. Access to industrial user records
(a) The assistant city manager - utilities shall have access to, and the right to inspect and copy, any
and all industrial user records (documents, memorandums, reports, correspondence, and any
and all summaries thereof) which pertain to that industry's discharge to the POTW, disposal
and/or generation of hazardous waste and discharges into the environment.
(b) The industrial user shall be required to retain records of all information resulting from any
monitoring, sampling analyses, or reporting activity required by these regulations for a
minimum of five (5) years. This period of retention shall be extended during the course of any
unresolved litigation regarding the industrial user or POTW or when requested by the assistant
city manager - utilities.
(c) The constituents and characteristics of wastewater discharged by an industrial user shall not be
considered confidential and shall be available to the public without restriction.
Other information obtained from documents, memorandum, reports, correspondence,
questionnaires, permit applications, permits, monitoring programs and inspections shall be
Comment [COD11]: Added per TCEQ
requirement.
Page 17 of 37
available to the public without restriction unless the user specifically requests, in writing, at the
time the information is to be obtained by the assistant city manager - utilities, that the
information is to be considered confidential. Information submitted to the assistant city
manager - utilities by the industrial user shall be stamped "confidential information" on each
page containing such information that the industrial user wishes to be held confidential. If a
claim of confidentiality is asserted, and a records request is received from the public, the
assistant city manager - utilities in consultation with the city attorney shall determine if such
information is protected by law from disclosure under either the Texas Open Records Act or 40;
CFR Part 2 (Public Information). If the industrial user does not claim the information as
confidential at the time the information is obtained by the assistant city manager - utilities, it
will be available to the public without further notice.
(d) All non-domestic users shall furnish, upon request, to the city, information needed to develop a
systematic program according to the pretreatment standards or requirements. The information
must be available to the assistant city manager - utilities for inspection and reproduction.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-161. (Right of
The assistant city manager - utilities shall have the right to enter the premises of any User to determine
whether the User is complying with all requirements of this ordinance and any individual wastewater
discharge permit or order issued hereunder. Users shall allow the assistant city manager - utilities ready
access to all parts of the premises for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
(a) Where a User has security measures in force which require proper identification and clearance
before entry into its premises, the User shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the assistant city manager - utilities
shall be permitted to enter without delay for the purposes of performing specific
responsibilities.
(b) The assistant city manager -utilities shall have the right to set up on the User's property, or
require installation of, such devices as are necessary to conduct sampling and/or metering of
the User's operations.
The assistant city manager - utilities may require the User to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be maintained at all times in
a safe and proper operating condition by the User at its own expense. All devices used to
measure wastewater flow and quality shall be calibrated [insert desired frequency] to ensure
their accuracy.
(d) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the User at the written or verbal request of the
assistant city manager - utilities and shall not be replaced. The costs of clearing such access shall
be born by the User.
Comment [COD12]: This section was changed
to comply with the requirements to add language to
address the right to inspection once per year and
sample twice per year as required.
Page 18 of 37
(e) Unreasonable delays in allowing the assistant city manager- utilities access to the User's
premises shall be a violation of this ordinance.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec-,.26-162 Affirmative defense to discharge violations
ACT OF GOD. If a person can establish that an event that would otherwise be a violation of a statute
within the commission's jurisdiction or a rule adopted or an order or a permit issued under such a
statute was caused solely by an act of God, war, strike, riot, or other catastrophe, the event is not a
violation of that statute, rule, order, or permit.
Sec. 26-163 Bypassl
(a) For the purposes of this section:
(1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's
treatment facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the
treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
(b) A user may allow any bypass to occur which does not cause pretreatment standards or
requirements to be violated, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of paragraphs C. and D. of this section.
(c) Bypass Notification
(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the
assistant manager - utilities. at least ten davs before the date of the bvpass. if possible.
(2) A user shall submit oral notice to the assistant manager - utilities of an unanticipated bypass
that exceeds applicable pretreatment standards within 24 hours from the time it becomes
aware of the bypass. A written submission shall also be provided within five days of the
time the user becomes aware of the bypass. The written submission shall contain a
Comment [COD13]: This was added as required
for compliance with TWC. There is a separate
affirmative defense in the Federal Code called Upset
that the State did not adopt. I have seen some
ordinances break these out specifying which court
will allow which provision. Would you like me to
add thatthe Upset provision can be used in Federal
court?
Comment [COD14]: Added as per requirement
by TCEQ.
Page 19 of 37
description of the bypass and its cause; the duration of the bypass, including exact dates
and times, and, if the bypass has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
bypass. The assistant manager - utilities may waive the written report on a case-by case
basis ifthe oral report has been received within 24 hours.
(d) Bypass
(1) Bypass is prohibited, and the assistant manager - utilities may take an enforcement action
against a user for a bypass, unless
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
(ii) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate bacl<-up
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(iii) The user submitted notices as required under paragraph C. of this section.
(2) The assistant manager - utilities may approve an anticipated bypass, after considering its
adverse effects, if the assistant manager - utilities determines that it will meet the three
conditions listed in paragraph (d)(1) of this section.
pec 26-164 Public participation) Comment [COD15]: Added as required by
l TCEQ. Definition for SNC is in Sec. 26-153.
The assistant city manager - utilities shall publish annually, in the largest daily newspaper published in
the municipality where the POTW is located, a list of the users which, during the previous 12 months,
were in significant noncompliance with applicable pretreatment standards and requirements.
Secs. 26-165 to 26-170. Reserved.
DIVISION 2. SANITARY FACILITIES REQUIRED
Sec. 26-171. Connections requ
(a) Any owner or occupant of every building where such building is within one hundred (100) feet
of any city sanitary sewer and is utilized as a dwelling or residential unit shall construct or cause
to be constructed a suitable water closet upon such property and shall connect or cause the
water closet to be connected with the sanitary sewer in accordance with all ordinances of the
city regulating such construction and shall, within thirty (30) days after written notice to do so
from the assistant city manager- utilities, abate and cease to use any septic system, dry closet or
privy upon such premises.
(b) Any owner or occupant of every building where such building is within three hundred (300) feet
of any city sanitary sewer and is utilized as a business or commercial establishment discharging
wastewater exceeding the limits established by this article shall construct or cause to be
Comment [COD16]: We would like to omit this
section for purposes of the approved pretreatment
program.
Page 20 of 37
constructed a suitable water closet upon such property and shall connect or cause the water
closet to be connected with the sanitary sewer in accordance with all ordinances of the city
regulating such construction and shall, within thirty (30) days after written notice to do so from
the assistant city manager - utilities, abate and cease to use any septic system, dry closet or
privy upon such premises.
(c) The owner or occupant of any such property shall keep and maintain such water closet and all
connections in good condition and free from any obstructions.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-172. Reserved.
Editor's note: Ord. No. 2006-025, § 3, adopted January 17, 2006, repealed § 26-172, which pertained to
septic systems and derived from Ord. No. 93-112, § I, 6-15-93.
Sec. 26-173. Dry closets prohibitedl.
It shall be unlawful for any person to build, use or maintain any privy or dry closet on any lot or
land within the corporate limits of the city, except for portable sanitary privies utilized temporarily.
(Ord. No. 93-112, § I, 6-15-93)
Sec. 26-174. Construction of sanitary sewers and connectionsl.
The construction of sanitary sewers and connections thereto shall be as provided in the
ordinances of the city.
(Ord. No. 93-112, § I, 6-15-93)
Sec. 26-175. Owner responsible for maintenance of sanitary sewer service lines.
The city shall not be responsible for the maintenance of any building drains or service lines, and
such maintenance shall be the responsibility and duty of the owner of the premises serviced by any such
service line.
(Ord. No. 93-112, § I, 6-15-93)
Sec. 26-176. Compliance with building regulations required.
Sanitary sewer service shall not be furnished to any premises where the plumbing thereof has
not been installed in accordance with the building regulations or any other provisions as provided in the
ordinances of the city.
(Ord. No. 93-112, § I, 6-15-93)
Sec. 26-177. Reserved.
Editor's note: Ordinance 2006-025, § 4, adopted January 17, 2006, repealed § 26-177, which pertained
to abatement of nuisances and derived from Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001,200, § 1, 5-15-
01.
Page 21 of 37
Comment [COD 17]: We would like to omit this
section for purposes of the approved pretreatment
program.
Comment [COD 18]: We would like to omit this
section for purposes of the approved pretreatment
program.
Secs. 26-178--26-185. Reserved.
DIVISION 3. USE OF PUBLIC SEWERS
Sec. 26-186. Discharge prohibitions.
(a) It shall be unlawful for any person to discharge or cause to be discharged into the POTW or into
a natural outlet materials, waters or wastewater, if such substances may cause pass through or
interference or have an adverse effect on the environment or may otherwise endanger life,
health or property or constitute a public nuisance, including oxygen-demanding pollutants (BOD,
etc.). In determining the acceptability of substances for discharge into the wastewater system,
the assistant city manager- utilities shall give consideration to such factors as the quantities of
subject substances in relation to flows and velocities in the wastewater system, materials of
which the wastewater system is constructed, nature of the wastewater treatment process,
capacity of the wastewater treatment plant, degree of treatability of the substances in the
wastewater treatment plant and such other factors which may be pertinent to such evaluation.
(b) No person shall discharge into public sewers:
(1) Any liquids, solids or gases, including but not limited to gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes peroxides, chlorates,
perchlorates, bromates, carbides, hydrides, sulfides or any other, substances which are a
fire or other hazard to the system, which by reason of their nature or quantity are or may
be sufficient either alone or by interaction with other substances to cause fires, explosions
or be injurious in any other way to the facilities or operation of the wastewater system
including wastestreams with a closed-cup flash point of less than one hundred forty (140)
degrees Fahrenheit [sixty (60) degrees Celsius] using the test methods specified in 40 CFR
261.21.
(2) Any substance which causes two (2) successive readings on an explosion hazard meter to
be more than five (5) percent or any single reading over ten (10) percent of the lower
explosive limit (LEL) of the meter as measured at the point where the wastewater is
discharged into the wastewater system.
(3) Any wastewater having a pH less than five (5), greater than twelve point five (12.5) or any
wastewater having any other corrosive property capable of causing damage or hazard to
the wastewater system or any person.
(4) Any wastewater containing toxic substances in sufficient quantity that may, either singly
or by interaction with other substances, injure or cause interference with any wastewater
treatment process, constitute a hazard to humans or animals, create a toxic effect in the
effluent waters of the wastewater system or exceed the limitation set forth in the
categorical pretreatment standards. A toxic substance shall include but not be limited to
any substance identified pursuant to Section 307(a) of the Act.
(5) Any substance discharged into the wastewater system, such as residues, sludges or scums,
which causes interference with the reclamation process or any substance which causes
the wastewater system to be in noncompliance with sludge use or disposal guidelines or
regulations developed under Section 405 of the Act or any guidelines or regulations
Page 22 of 37
affecting sludge use or disposal promulgated pursuant to the Solid Waste Disposal Act, the
Clean Air Act and the Toxic Substances Control Act, as amended by the U.S. Congress.
(6) Any liquid or vapor having a temperature higher than one hundred fifty degrees
Fahrenheit (150°F) sixty-five degrees Celsius (65°F). If, in the opinion of the assistant city
manager - utilities, lower temperatures of such wastewater could harm either the
wastewater system, wastewater treatment process, equipment or have an adverse effect
on the receiving stream or could otherwise endanger life, health or property or constitute
a public nuisance, then the assistant city manager - utilities may prohibit such discharges.
In no case wastewater which causes the temperature at the introduction into the
treatment plant to exceed one hundred and four degrees Fahrenheit (104°F) forty degrees
Celsius(40°C).
(7) Any wastewater containing fats, wax, grease or oils, whether emulsified or not, in excess
of two hundred (200) mg/I or containing substances which may solidify or become viscous
at temperatures between thirty-two degrees Fahrenheit (32°F) zero degrees Celsius (0°C)
and one hundred fifty degrees Fahrenheit (150°F) sixty-five degrees Celsius (65°C) and
which might cause obstruction of flow in the POTW resulting in interference.
(8) The assistant city manager - utilities may reject any waste which does not meet the
requirements of this ordinance. The assistant city manager - utilities may require any
information from an industrial user necessary to determine the characteristics of the
user's wastewater discharge prior to the commencement of such discharge to the POTW.
The assistant city manager- utilities may deny or condition new, increased or changed
contributions.
(9) Petroleum oil, non biodegradable cutting oil, or products of mineral oil origin, in amounts
that will cause interference or pass through.
(10) Trucked or hauled pollutants, except at discharge points designated by the assistant city
manager - utilities.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-187. Specific pollutant limitations.
It shall be unlawful for any person to discharge into the wastewater system, unless such discharge is
allowed under the provisions of section 26-208, any of the following:
(a) The following pollutant limits apply at the point where the wastewater is discharged to the
POTW and are established to protect against Pass Through and Interference. No person shall
discharge wastewater containing in excess of the following Daily Maximum Limits.A
TABLE INSET:
DAILY MAXIMUM DISCHARGE LIMITS (mg/1)
POLLUTANTS Composite Values
Page 23 of 37
Aluminum
137.45
Arsenic
0.12
Cadmium
4.190.08
Chromium
352.19
Chromium (VI)
0.66
Copper
3.50.84
Cyanide
4-940.36
Lead
0.51
Mercury
4-999-70.0006
Molybdenum
1.18
Nickel
1.10
Selenium
0.09
Silver
0.13-A
Zinc
30.96
All concentrations for pollutants are for "total" values unless otherwise indicated.
(b) Other metals not listed in subsection (1) of this section which will, in the opinion of the assistant
city manager - utilities, damage the wastewater system or interfere with the treatment process;
(c) Toxic organics found in quantifiable concentration greater than 0.01 mg/I (10 ppb) shall not
total more than 2.13 mg/I for any discharge. Any organic compound considered toxic by the
assistant city manager - utilities and reasonably expected to be found in the industrial user's
discharge may be included in the calculations of total toxic organics if detected in any industry's
discharge in quantifiable concentration greater than 0.01 mg/I;
(d) Any radioactive wastes or isotopes into the public wastewater system without permission of the
city;
(e) Quantities of flow, concentrations or both which constitute a slug;
(f) Materials or substances which cause:
(1) Concentrations of suspended solids or BOD in excess of two hundred fifty (250) mg/I;
(2) Concentrations of phosphorous exceeding five (5) mg/I;
(3) Discolorations, such as but not limited to dye waters and vegetable tanning solution.
(g) National categorical pretreatment standards. The categorical pretreatment standards found at
40 CFR Chapter I, Subchapter N, Pao Seam gleetFie PeweF GeReFatie Pa Ft ° 24
C,n„ h,n, n t 464 Rd 469, (;9ppeF C g - , are hereby incorporated.
(h) Waters contaminated by petroleum fuel or petroleum substances according the following
effluent limitations (TPDES GENERAL PERMIT NO. TXG 830000; under provisions of Section 402
of the Clean Water Act and Chapter 26 of the Texas Water Code):
DAILY MAXIMUM DISCHARGE LIMITS (mg/1)
POLLUTANTS Composite Values
Page 24 of 37
Total Petroleum Hydrocarbons
15
Total Lead
0.10
Benzene
0.005
Total BTEX
0.10
Polynuclear Aromatic Hydrocarbons (PAH)
0.01
MTBE
0.24
NOTES:
1. TPH must be analyzed using Texas method 1005.
2. BTEX shall be measured as the sum of benzene, toluene, ethylbenzene, and total xylenes (EPA
Method 8260 B).
3. PAH shall be measured as the sum of acenapthene, acenapthylene, anthracene, benzo(a)anthrace ne,
benzo(b)fluoranthene, benzo(I<)fluoranthene, benzo(ghi)perylene, benzo(a)pyrene, chrysene,
dibenzo(a,h)anthracene, fluoranthene, fluorine, indeno(1,2,3-cd)pyre ne, naphthalene, phenanthrene,
and pyrene.
4. MTBE is methyl tert-butyl ether.
jhe pollutant limits in (2) through (8) of this section will be applied to Industrial/Commercial Users
through inclusion in an Industrial/commercial wastewater discharge permit when the assistant city
manager- utilities determines that the pollutant(s) is reasonably expected to be present in the
Industrial/Commercial User's Indirect Discharge.)
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-188. Discharge of waters not containing wastewater.
(a) It shall be unlawful for any person to discharge unpolluted waters into the wastewater
system. Except with the approval of the assistant city manager - utilities or as otherwise
provided in this article, no stormwater connection from any building or yard nor any drain
from any catchbasin, lake, swamp, or pond nor any outlet for surface water, stormwater or
groundwater of any kind shall be connected to the wastewater system.
(b) Within any area served by a separate sanitary sewer and a storm sewer, no stormwater shall
be allowed to enter the sanitary sewer from waste or vent pipes of any building. Within any
such area no downspout, roof leaders, gutters, other pipes or drains such as channels which
may at any time carry stormwater, surface drainage derived from hydraulic pressure or from
well points or lake water shall be connected with any sanitary sewer.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-189. Discharge to a natural outlet.
It shall be unlawful for any person to discharge polluted water to any storm sewer or natural
outlet within the area served by the city, except where suitable treatment has been provided in
Comment [COD19]: This statement was added
to satisfy TCEQ's requirement to specify when BPJ
limits will be applied.
Page 25 of 37
accordance with the provisions of this article and except where a Federal National Pollutant Discharge
Elimination Systems (NPDES) permit has been duly issued and is currently valid for such discharge. A
valid copy of such a permit and any modifications thereof must be filed with the assistant city manager -
utilities.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-190. Wastewater discharges requiring tra
All persons discharging oil, grease, and flammable wastes or other harmful substances in
amounts that, in the opinion of the assistant city manager - utilities, will impede or stop the flow in the
wastewater system shall install a trap before the point of discharge into the wastewater system. Any
person responsible for discharges requiring a trap shall, at his own expense and as required by the city:
(a) Provide equipment and facilities of a type and capacity approved by the city;
(b) Locate the trap in a manner that provides ready and easy accessibility for cleaning and
inspection; and
(c) Maintain the trap in effective operating condition.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-191. Wastewater discharge from transport
(a) Permit required. All persons owning or operating a vacuum truck, cesspool pump truck,
liquid wastewater transport truck or other vehicle shall not discharge or unload any septic
tank, seepage pit, interceptor or cesspool contents from such vehicle without first having
received a valid transport truck discharge (TTD) permit.
(b) Permit fee. TTD permits shall be issued by the assistant city manager - utilities upon proper
application and payment of a fee established by the city council and on file in the office of
the city secretary. All TTD permits shall be valid for one (1) year.
(c) Unloading or discharge of waste or wastewater. It shall be unlawful for any person holding a
TTD permit to unload or discharge any waste or wastewater except in a manr7er and at a
place as specified by the assistant city manager - utilities. Before discharging under a TTD
permit, the assistant city manager - utilities may require the person holding such permit to
furnish a sample of the contents of the material to be discharged as a prerequisite to
discharging into the wastewater system. The assistant city manager - utilities may refuse
permission to discharge abnormal strength wastewater into the wastewater system.
(d) Rates for discharge. Any person discharging or unloading normal strength wastewater under
a TTD permit into the wastewater system shall be charged at the regular commercial sewer
rates. Any person discharging abnormal strength wastewater under a TTD permit into the
wastewater system shall be charged an industrial/commercial surcharge rate.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Secs. 26-192--26-200. Reserved.
Comment [COD 20]: We would like to omit this
section for purposes of the approved pretreatment
program.
Comment [COD 21]: We would like to omit this
section for purposes of the approved pretreatment
program.
Page 26 of 37
DIVISION 4. INDUSTRIAL OR COMMERCIAL WASTEWATER DISCHARGE
Sec. 26-201. Permit--Required.
(a) It shall be unlawful for any significant industrial user to connect to the wastewater system or
to discharge wastewater to the wastewater system without first obtaining an
industrial/commercial wastewater discharge permit from the assistant city manager -
utilities.
(b) All significant industrial users discharging wastewater dweetly 8 Rdweet into the
wastewater system prior to the effective date of the ordinance from which this article is
derived may continue that discharge one hundred eighty (180) days after such effective
date. Prior to the expiration of the one-hundred-eighty-day period, the significant industrial
user shall apply for an industrial/commercial wastewater discharge permit from the
assistant city manager - utilities.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Cross references: Licenses, permits and business regulations generally, Ch. 16.
Sec. 26-202. Same--Procedure for obtaining.
(a) Application. Significant industrial users required to obtain an industrial/commercial
wastewater discharge permit shall complete and file with the city an application' in the form
prescribed by the city and accompanied by a fee established by the city council and on file in
the office of the city secretary. New significant industrial users shall apply at least ninety
(90) days prior to connecting to or contributing to the wastewater system for an
industrial/commercial wastewater discharge permit. In support of the application, the
significant industrial user shall submit the following information:
(1) All information required by (f)(1) of this section.
(2) Name, address, and location, if different from the address;
(3) SIC number according to the Standard Industrial Classification Manual, Bureau of
the Budget, 1972, as amended;
(4) Wastewater constituents and characteristics, including but not limited to those
mentioned in this article as determined by a reliable analytical laboratory;
sampling and analysis shall be performed in accordance with procedures
established by the EPA pursuant to the Act and contained in 40 CFR, Part 136, as
amended;
(5) Time and duration of contribution;
(6) Average daily wastewater flow rates, including daily, monthly and seasonal
variations, if any;
Page 27 of 37
(7) Site plans, floor plans, mechanical and plumbing plans and details to show all
service lines, sewer connections and appurtenances by size, location and
elevation;
(8) Description of activities, facilities and plant processes on the premises, including
all materials which are or could be discharged;
(9) Where known, the nature and concentration of any pollutants in the discharge
which are limited by any city law or regulation or by the state or categorical
pretreatment standards and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis;
(10) If additional pretreatment and/or operation and maintenance will be required to
meet the categorical pretreatment standards, the shortest schedule by which the
significant industrial user will provide such additional pretreatment. The
completion date in this schedule shall not be later than the compliance date
established for the applicable categorical pretreatment standard. The following
conditions shall apply to this schedule:
The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the significant
industrial user to meet the applicable categorical pretreatment standards,
e.g., hiring an engineer, completing preliminary plans, completing final plans,
executing contract for major components, commencing construction, etc.
No increment referred to in subsection (a)(10)a. of this section shall exceed
nine (9) months.
iii. Not later than fourteen (14) days following each date in the schedule and the
final date for compliance, the significant industrial user shall submit a progress
report to the assistant city manager - utilities including, as a minimum,
whether or not it complied with the increment of progress to be met on such
date and, if not, the date on which it expects to comply with this increment of
progress, the reason for delay and the steps being taken by the significant
industrial user to return the construction to the schedule established. In no
event shall more than nine (9) months elapse between such progress reports
to the assistant city manager - utilities.
(11) Each product produced by type, amount, processor processes and rate of
production;
(12) Type and amount of raw materials processed, average and maximum per day;
(13) Number and type of employees and hours of operation of the plant and proposed
or actual hours of operation of the pretreatment system;
(14) Any other information as may be deemed by the city to be necessary to evaluate
the permit application.
Page 28 of 37
(b) Modifications. Within nine (9) months of the promulgation of a categorical pretreatment
standard, the industrial/commercial wastewater discharge permit of significant industrial
users subject to such standards shall be revised to require compliance with such standard
within the timeframe prescribed by such standard. Where a significant industrial user
subject to a categorical pretreatment standard has not previously submitted an application
for an industrial/commercial wastewater discharge permit, the significant industrial user
shall apply for an industrial/commercial wastewater discharge permit within one hundred
eighty (180) days after the promulgation of the applicable categorical pretreatment
standard. In addition, the significant industrial/commercial user with an existing
industrial/commercial wastewater discharge permit shall submit to the assistant city
manager - utilities, within one hundred eighty (180) days after the promulgation of an
applicable categorical pretreatment standard, the information required by subsections (a)(8)
and (a)(9) of this section.
(c) Conditions. Industrial/commercial wastewater discharge permits shall be expressly subject
to all provisions of this article and all other applicable regulations, significant industrial user
charges and fees established by this Code. Permits shall contain the following:
(1) The unit charge or schedule of significant industrial user charges and fees for the
wastewater to be discharged to the wastewater system;
(2) Limits on the average and maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements for flow
regulations and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types and standards for tests and reporting schedule;
(6) Compliance schedules;
(7) Requirements for submission of technical reports or discharge reports;
(8) Requirements for maintaining and retaining plant records relating to wastewater
discharge as specified by the city and affording city access thereto;
(9) Requirements for notification of the city of any new introduction of wastewater
constituents or any substantial change in the volume or character of the, wastewater
constituents being introduced into the wastewater system;
(10) Requirements for notification of slug discharges;
(11) Other conditions as deemed appropriate by the city to ensure compliance with this
article and requirements of 40 CFR 403.8(f).
(d) Duration. Permits shall be issued for a specified time period not to exceed three (3) years. A
permit may be issued for a period less than one (1) year or may be stated to expire on a
specified date. The significant industrial user shall apply for permit reissuance a minimum of
Page 29 of 37
sixty (60) days prior to the expiration of the significant industrial user's existing permit. The
terms and conditions of the permit maybe subject to modification by the city during the
term of the permit. The significant industrial user shall be informed of any proposed
changes in his permit at least thirty (30) days prior to the effective date of change.
(e) Transfer. Industrial/commercial wastewater discharge permits are issued to a specified
significant industrial user for a specific operation and a copy of the permit will be provided
to a new owner in the event of an approved permit transfer, according to 40 CFR
4018(f)(1)(iii)(13) and with the approval of the assistant city manager - utilities. Any
succeeding owner or significant industrial user shall also comply with the terms and
conditions of the existing permit.
(f) Reporting requirements for permittee. The permittee shall submit the following reports:
(1) All significant industrial users, including new sources, that are subject to categorical
pretreatment standards must submit baseline monitoring reports (BMRs) to the
assistant city manager - utilities in accordance with 40 CFR 403.12(b).
i. Identifying information. The name and address of the facility, including the
name of the operator and owner.
ii. Environmental permits. A list of any environmental control permits held by or
for the facility.
iii. Description of operations. A brief description of the nature, average rate of
production, and standard industrial classifications of the operations) carried out
by such user. This description should include a schematic process diagram which
indicates points of discharge to the POTW from the regulated processes.
iv. Flow measurement. Information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from regulated process
streams and other streams, as necessary to allow use of the combined
wastestream formula set out in 40 CFR 403.6(e).
v. Measurement of pollutants.
1. The categorical pretreatment standards applicable to each regulated
process.
2. The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by
assistant city manager - utilities of regulated pollutants in the discharge
from each regulated process. Instantaneous, daily maximum, and long-
term average concentrations or mass, where required, shall be
reported. The sample shall be representative of daily operations and
shall be analyzed in accordance with procedures set out in section 26-
157(b) of this article.
Page 30 of 37
3. Sampling must be performed in accordance with procedures set out in
section 26-157(a)(1) and (2) of this ordinance.
vi. Certification. A statement, reviewed by the user's authorized representative and
certified by a qualified professional, indicating whether pretreatment standards
are being met on a consistent basis, and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required to meet
the pretreatment standards and requirements.
vii. Compliance schedule. If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the user will
provide such additional pretreatment and/or O&M. The completion date in this
schedule shall not be later than the compliance date established for the
applicable pretreatment standard. A compliance schedule shall contain:
1. Progress increments in the form of dates for the commencement and
completion of major events leading to the construction and operation of
additional pretreatment required for the user to meet the applicable
pretreatment standards (such events include, but are not limited to,
hiring an engineer, completing preliminary and final plans, executing
contracts for major components, commencing and completing
construction and beginning and conducting routine operations);
2. No increments referred to above shall exceed nine (9) months;
3. The user shall submit a progress report to the assistant city manager -
utilities no later than fourteen (14) days following each date in the
schedule and the final date of compliance including, as a minimum,
whether or not it complied with the increment of progress, the reason
for any delay, and, if appropriate, the steps being taken by the user to
return to the established schedule; and
4. In no event shall more than nine (9) months elapse between such
progress report to the assistant city manager - utilities.
viii. Signature and certification. All baseline monitoring reports must be signed and
certified in accordance with section 26-202(f)(14) of this article.
(2) Within ninety (90) days following the commencement of the contribution of
wastewater into the POTW, any significant industrial user classified as a regulated
categorical standard industry, and therefore subject to Federal Categorical
Pretreatment Standards, shall submit to the assistant city manager - utilities a ninety-
day compliance report in accordance with 40 CFR 403.12(d).
(3) Significant industrial users not classified as categorical standard industries may, at the
discretion of the assistant city manager - utilities, be required to submit a baseline
monitoring report and/or a ninety-day compliance report.
Page 31 of 37
(4) Regulated categorical standard industries subject to a pretreatment standard, after
the compliance date of such pretreatment standard or, in the case of new sources,
after commencement of the discharge to the POTW, shall submit a semi-annual
compliance report to the assistant city manager - utilities in accordance with 40 CFR
401-12(e).
(5) Significant 8 ^ ~industrial users, not subject to federal categorical
limitations, may be required to submit a semi-annual compliance report to the
assistant city manager - utilities in accordance with 40 CFR 403.12(h).
(6) Semi-annual compliance reports required under subsection (f)(4) and (5) of this
section shall be based on sampling and analytical data collected during the period
covered by the report by both the assistant city manager - utilities and the industrial
user if self-monitoring is performed. Sampling and analytical data shall be
representative of the conditions occurring during the reporting period.
(y) QtegeFieal ,,,dust.,^ Significant Industrial Users shall perform self-monitoring
sampling and analysis of the regulated process wastestreamllat a minimum
frequency stipulated by the was-tewateF el sseh r of once during each semi-
annual compliance reporting period:, unless the Control Authority performs the Comment [COD22]: Changed per TCEQ
required sampling in lieu of the industrial user pursuant to 40 CFR 403.12(8) and 40 l requirement. This is more in line with Part403.
CFR Part 403.12(h).
i. de
Self-monitoring samples shall be collected, preserved and analyzed in accordance with
approved methods.
For each self-monitoring samples, the industrial user shall submit an industrial
self-monitoring sampling report which shall include:
i. The date, exact place, sampling method, preservation method, times of
sampling and the name(s) of the person(s) taking the samples;
ii. The dates the analyses were performed;
iii. The analytical techniques/method used; and
iv. The results of the analyses.
For categorical industries, at least once during each semi-annual compliance
reporting period, self-monitoring samples shall be analyzed for all federally regulated
parameters.
If self-monitoring indicates a violation, the industrial user shall notify the
assistant city manager - utilities within twenty-four (24) hours of receiving the results.
The industrial user shall also repeat the sampling and analysis and submit the results
of the repeat analysis within thirty (30) days after becoming aware of the violation.
Page 32 of 37
For industrial users required to self-monitor each month, the next month's self-
monitoring may be used as the repeat sampling so long as the sample is analyzed for
the violating parameter and the thirty-day submission deadline is observed.
_AII compliance reports, self-monitoring sampling reports and applications for
industrial/commercial wastewater discharge permits must be signed by an authorized
official of the industrial user in accordance with 40 CFR Part 403.12(1). The authorized
official may designate a representative, in writing, to the assistant city manager -
utilities. The authorization must specify either an individual or a position having
responsibility for the overall operation of the facility from which the industrial
discharge originates, or having overall responsibility for environmental matters for the
industrial user. If the authorization becomes invalid because of changes in
responsibilities or personnel, a new written authorization must be submitted to the
assistant city manager - utilities prior to or along with any report being signed and
submitted by the new representative.
All compliance reports, self-monitoring sampling reports and applications for
industrial/commercial wastewater discharge permits must include the statement:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervised in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the
best of my knowledge and belief, true, accurate and complete. I am aware that there
are significant penalties for submitting false information including the possibility of
fine and imprisonment."
" _AII industrial users shall notify the POTW immediately of all discharges that
could cause problems to the POTW, including any slug loadings by the industrial user.
L An industrial user shall notify the assistant city manager - utilities, the EPA regional
waste management division director, and the state hazardous waste authorities, in
writing, of any discharge into the POTW of a substance, which, if otherwise disposed
of, would be a hazardous waste under 40 CFR Part 261, in accordance with 40 CFR
403.12 (p)
Each user must notify the Assistant City Manager- Utilities of any planned changes to
the user's operations or system which might alter the nature, quality, or volume of its
wastewater at least 90 (ninety) days before the change.
i. The Assistant City Manager- Utilities may require the user to submit such
information as may be deemed necessary to evaluate the changed
condition, including the submission of a wastewater discharge permit
application.
ii. The Assistant City Manager- Utilities may issue an industrial/commercial
wastewater discharge permit or modify an existing permit in response to
changed conditions or anticipated changed conditions.
Page 33 of 37
For purposes of this requirement, significant changes include, but are not
limited to, flow increases of 20% or greater, the discharge of any previously
unreported pollutants, changes or additions in process(es) which generate
wastewater, or changes to pretreatment facilities.
The reports and other documents required to be submitted or maintained
under this section shall be subject to:
i. The provisions of 18 U.S.C. Section 1001 relating to fraud and false
statements;
ii. The provisions of Sections 309(c)(4) of the Act, as amended, governing false
statements, representation, or certification;
iii. The provisions of Section 309(c)(6) of the Act regarding responsible
corporate offices; and
iv. The applicable provisions of this ordinance.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-203. Same--Suspension or revocation.
(a) Permit not a vested right. A permit issued under this article does not become a vested right
in the person holding the permit.
(b) Grounds for suspension orrevocation. A permit issued under this article may be revoked or
suspended upon any of the following grounds:
(1) The permittee has or is violating one (1) or more provisions of this article;
(2) The permittee has failed or is failing to comply with one (1) or more conditions of
a permit;
(3) There is a change in conditions which requires elimination or modification of the
discharge covered by a permit;
(4) Revocation or suspension is necessary in order to prevent harm or damage to the
wastewater system or treatment process or is necessary to protect the health or
welfare of persons, animals or property;
(5) The permit was obtained by misrepresentation or failure to disclose all relevant
facts.
(c) Procedure for suspension orrevocation. The assistant city manager- utilities may issue an
order suspending or revoking a permit issued under this article upon the grounds specified
in this article. Such order shall state the grounds therefore and shall be served upon the
permittee in person or by certified or registered mail. Such order of suspension or
revocation shall become effective after five (5) days from the date of service, unless the
Page 34 of 37
permittee within such five-day period files an appeal and filing fee in accordance with
section 26-155 of this article.
(d) Procedure f o r appeals from order o f revocation or suspension. Appeals from the order of the
assistant city manager - utilities suspending or revoking a permit shall be processed and
heard in accordance with procedures for other appeals as set forth in section 26-155.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-204. Same--Effect of suspension or revocation.
Any permittee who receives an order from the assistant city manager - utilities revoking or
suspending a permit required under this article shall discontinue any discharge covered by the permit
after five (5) days from notice of such order, unless within such five-day period the permittee appeals
such order to the environmental appeals committee. Any permittee who has been notified by the
assistant city manager - utilities of a suspension or revocation of a permit and does not appeal such
order or any permittee who has been notified of the order of the committee, after a hearing, of the
revocation or suspension of a permit and who continues a discharge covered by a permit after the
effective date of the revocation or suspension of the permit may have sewer service terminated by the
assistant city manager - utilities.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-205. Same--Reinstatement of suspended or revoked permit.
(a) The assistant city manager- utilities shall reinstate a suspended industrial/commercial
wastewater discharge permit upon satisfactory proof to the assistant city manager - utilities
of corrective action of the permittee of the conditions or discharge for which the permit was
suspended.
(b) A user whose industrial/commercial wastewater discharge permit has been revoked must,
apply for a new permit and comply with all provisions and conditions required as though a
permit had not been issued for such user.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-206. Pretreatment of industrial wastewater.
Significant industrial users shall provide necessary wastewater treatment as required to comply
with this article and the categorical pretreatment regulations. All wastewater treatment and treatment
systems shall be provided, operated and maintained at the user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be submitted to the assistant city manager -
utilities for review before construction of such facilities. The review of such plans and operating
procedures will in no way relieve the user from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the assistant city manager - utilities under the provisions of this
article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the city prior to the user's initiation of the changes. All records relating to
Page 35 of 37
compliance with the categorical pretreatment standards shall be made available to officials of the
Environmental Protection agency or city upon request.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-207. Control manhole.
As a prerequisite to receiving an industrial/commercial wastewater discharge permit, the
assistant city manager - utilities may, when necessary to monitor wastewater discharged into the
wastewater system, require a significant industrial user to install a suitable control manhole together
with such meters, equipment and appurtenances as deemed necessary by the assistant city manager
utilities in order to adequately sample and measure such wastewater. All required control manholes
shall be located so as to permit unrestricted access by the assistant city manager- utilities.
(Ord. No. 93-112, § I, 6-15-93; Ord. No. 2001-200, § 1, 5-15-01)
Sec. 26-208. Industrial/commercial wastewater surcharge.
If abnormal strength wastewater is acceptable for discharge into the wastewater system under
the provisions set forth in the industrial/commercial wastewater discharge permit, an
industrial/commercial wastewater surcharge shall be added to the base charge to cover the additional
cost of treating abnormal strength wastewater. Such surcharge shall be calculated as follows:
Cu = Vu [(Bu - 250) B + (Su - 250) S)]
Where:
Cu is the surcharge for user X.
Vu is the billing volume for user X.
Bu is the tested BOD level for user X or two hundred fifty (250) mg/1, whichever is
greater.
B is the unit cost factor for treating one (1) unit- of BOD per one thousand (1,000)
gallons.
Su is the tested SS level for user X or two hundred fifty (250) mg/I, whichever is greater.
S is the unit cost factor for treating one (1) unit of SS per one thousand (1,000) gallons.
(Ord. No. 93-112, § I, 6-15-93)
Sec. 26-209. Code of Federal Regulations (CFR) as amended.
The terms and provisions set forth in this chapter referencing and/or incorporating provisions
contained in the Code of Federal Regulations (CFR) are intended to adopt such sections to the CFR as
they exist at the time of passage of this ordinance and as the CFR may be subsequently amended.
(Ord. No. 93-112, § I, 6-15-93)
Page 36 of 37
SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such
remaining portion despite any such invalidity.
SECTION III. That any person who shall violate any provision of this ordinance, or fails to comply
therewith or with any requirements thereof, or a permit or certificate issued thereunder, shall be guilty
of a misdemeanor punishable by a fine not exceeding a daily fine of up to the maximum provided by
Texas Local Government Code 54.017 (b). Each such person shall be deemed guilty of a separate
offense for each and every day or portion thereof during which any violation of this ordinance is
committed, or continued, and upon conviction of any such violations such person shall be punished
within the limits above.
SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage,
and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in
the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of
the date of its passage.
PASSED AND APPROVED this the __day of___, 204910.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS CITY ATTORNEY
Formatted: Font color: White
Page 37 of 37
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RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
COMMITTING TO THE CONTINUATION OF ADEQUATE FUNDING FOR
IMPLEMENTATION OF THE CITY OF DENTON ENVIRONMENTAL PROTECTION
AGENCY APPROVED PRETREATMENT PROGRAM; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Code of Federal Regulations requires that the publicly owned treatment
works have sufficient resources and qualified personnel to carry out the authority and procedures
of the Pretreatment Program; and
WHEREAS, the City of Denton TPDES permit number WQ0010027003, Section
"Contributing Industries and Pretreatment Requirements," requires control of pollutants
contributed by industries; and
WHEREAS, the City of Denton City Council acknowledges that continued funding is
necessary to implement the Pretreatment Program to meet the requirements of federal regulations
and the TPDES permit; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City of Denton shall continue to provide adequate funding to
implement the City of Denton Pretreatment Program referenced above.
SECTION 2. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE V, ENTITLED "DIRECT AND
INDIRECT DISCHARGE INTO SANITARY WASTEWATER SYSTEM" OF CHAPTER 26, "UTILITIES", OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATED TO DISCHARGE INTO THE SANITARY
WASTEWATER SYSTEM; PROVIDING THE PURPOSE AND SCOPE OF THE ORDINANCE; PROVIDING
DEFINITIONS; PROVIDING FOR ADMINISTRATION OF PROGRAM; PROVIDING PROCEDURES FOR
ABATEMENT OF VIOLATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR DETERMINATION OF THE
CHARACTER AND CONCENTRATION OF WASTEWATER; PROVIDING FOR APPROVAL OF PLANS, ISSUANCE
OF PERMITS AND CERTIFICATION OF FINAL INSPECTIONS; PROVIDING FOR INSPECTIONS; PROVIDING
RIGHTS OF ACCESS TO INDUSTRIAL USER RECORDS; PROVIDING FOR RIGHT OF ENTRY TO USERS'
PROPERTY; PROVIDING AFFIRMATIVE DEFENSES; PROVIDING FOR BYPASS; PROVIDING FOR PUBLIC
PARTICIPATION; REQUIRING CONNECTION TO THE SANITARY SEWER; PROVIDING FOR THE PROHIBITION
OF DRY CLOSETS; PROVIDING FOR THE CONSTRUCTION OF SANITARY SEWERS AND CONNECTIONS;
PROVIDING FOR OWNER RESPONSIBILITY FOR MAINTENANCE OF SANITARY SEWER SERVICE LINES;
REQUIRING COMPLIANCE WITH BUILDING REGULATIONS; PROHIBITING CERTAIN DISCHARGES INTO THE
PUBLICLY OWNED TREATMENT WORKS; PROVIDING FOR SPECIFIC POLLUTANT LIMITATIONS;
PROHIBITING DISCHARGE OF WATERS NOT CONTAINING WASTEWATER TO THE WASTEWATER SYSTEM;
PROHIBITING DISCHARGE OF POLLUTED WATER TO ANY STORM SEWER OR NATURAL OUTLET;
PROVIDING FOR THE INSTALLATION OF TRAPS REGARDING CERTAIN DISCHARGES; REQUIRING PERMITS
OF WASTEWATER DISCHARGES FROM TRANSPORT TRUCKS; REQUIRING PERMITS FOR SIGNIFICANT
INDUSTRIAL USERS TO CONNECT TO THE WASTEWATER SYSTEM; PROVIDING PROCEDURES FOR
OBTAINING PERMITS; PROVIDING FOR SUSPENSION OR REVOCATION OF PERMITS AND THE EFFECT
THEREOF; PROVIDING FOR REINSTATEMENT OF SUSPENDED OR REVOKED PERMITS; REQUIRING
NECESSARY PRETREATMENT OF WASTEWATER BY SIGNIFICANT INDUSTRIAL USERS; REQUIRING
CONTROL MANHOLES; PROVIDING FOR A SURCHARGE FOR ABNORMAL STRENGTH WASTEWATER;
PROVIDING FOR THE EFFECT OF THE UNITED STATES CODE OF FEDERAL REGULATIONS; PROVIDING A
SAVINGS CLAUSE; PROVIDING A MISDEMEANOR PENALTY NOT TO EXCEED $2,000 PER DAY FOR
VIOLATIONS OF THIS ORDINANCE; PROVIDING A CIVIL PENALTY NOT TO EXCEED $5,000 PER DAY FOR
VIOLATIONS OF THIS ORDINANCE, TOGETHER WITH OTHER DESIGNATED LEGAL AND EQUITABLE
REMEDIES THAT ARE AVAILABLE TO THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the regulations of the City of Denton ("City") relating to the discharge of wastewater
to the publicly owned treatment works as prescribed in Article V of Chapter 26 of the Code of
Ordinances, are in need of amendment for consistency with the pending TPDES permit (herein so called)
contemplated to be issued to the City by the Texas Commission on Environmental Quality ("TCEQ"), in
the near future;
WHEREAS, the TCEQ has reviewed the City's regulations in conjunction with their review of the
City's request for the TPDES permit and has required certain amendments to Article V of Chapter 26 of
the Code of Ordinances;
WHEREAS, the City has held a public meeting on June 16, 2011, relating to the revisions of
Article V, "Direct and Indirect Discharge into Sanitary Wastewater System", of Chapter 26, "Utilities", of
the Code of Ordinances of the City of Denton;
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WHEREAS, the City Council of the City of Denton finds the proposed amendments to Article V of
Chapter 26 of the Code of Ordinances to be in the best interest of the citizens of the City of Denton,
Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Sections 26-151 through 26-209, Article V, "Direct and Indirect Discharge in
the Sanitary Sewer System", Chapter 26 "Utilities", of the Code of Ordinances, City of Denton, Texas, are
hereby amended to read as follows:
ARTICLE V. INDIRECT DISCHARGE INTO SANITARY WASTEWATER SYSTEM*
DIVISION 1. GENERALLY
Sec. 26-151. Purpose.
This ordinance sets forth uniform requirements for users of the Publicly Owned Treatment
Works for the City of Denton and enables the city to comply with all applicable State and Federal laws,
including the Clean Water Act (33 United States Code § 1251 et seq.) and the General Pretreatment
Regulations (40 Code of Federal Regulations Part 403).
The objectives of this ordinance are:
(a) To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will
interfere with its operation;
(b) To prevent the introduction of pollutants into the Publicly Owned Treatment Works that will
pass through the Publicly Owned Treatment Works, inadequately treated, into receiving
waters, or otherwise be incompatible with the Publicly Owned Treatment Works;
(c) To protect both Publicly Owned Treatment Works personnel who may be affected by
wastewater and sludge in the course of their employment and the general public;
(d) To promote reuse and recycling of industrial wastewater and sludge from the Publicly
Owned Treatment Works;
(e) To enable the City of Denton to comply with its National Pollutant Discharge Elimination
System permit conditions, sludge use and disposal requirements, and any other Federal or
State laws to which the Publicly Owned Treatment Works is subject.
Sec. 26-152. Scope.
This article shall apply to the discharge of all water-carried wastes in the city and shall, among
other things, provide for the regulation of sewer construction in areas within the jurisdiction of the city,
the approval of plans for sewer construction, the quantity and quality of wastewater discharged, the
degree of wastewater pretreatment required, the issuance of industrial/commercial wastewater
discharge permits and of other miscellaneous permits.
(a) Industrial users within the jurisdiction of this ordinance shall comply with all Federal General
Pretreatment regulations and with those Federal Categorical Pretreatment Standards
applicable to each. (Title 40, Chapter I, Subchapter N, parts 403-471).
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(b) Industrial users within the jurisdiction of this ordinance shall comply with all applicable
sections of Chapter 26 of the Texas Water Code.
Sec. 26-153. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Abnormal strength wastewater means any wastewater having a suspended solids, BOD, COD,
chlorine demand or total phosphate concentration in excess of that found in normal strength
wastewater.
Act means Public Law 92-500, as amended, 33 U.S.C. 1251 et seq. as enacted by the United
States Congress and known as the Federal Water Pollution Control Act or Clean Water Act.
Approval authority means the regional administrator of the EPA, or the director of a state
agency delegated to act on the EPA's behalf with an approved pre-treatment program (eg, director of
TCEQ).
Approved methods means analysis performed in accordance with 40 CFR 136, "Guidelines
Establishing Test Procedures for the Analysis of Pollutants under the Clean Water Act" and amendments,
or with any other test procedures approved by EPA.
Authorized representative of the users means:
1) If the user is a corporation:
a. The president, secretary, treasurer, or a vice-president of the corporation in charge of a
principal business function, or any other person who performs similar policy or decision-
making functions for the corporation; or
b. The manager of one or more manufacturing production, or operation facilities
employing more than two hundred fifty (250) persons or having gross annual sales or
expenditures exceeding twenty-five million dollars ($25,000,000.00) (in second-quarter
1980 dollars), if authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
2) If the user is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
3) If the user is a federal, state or local governmental facility: a director or highest official
appointed or designated to oversee the operation and performance of the activities of the
government facility, or their designee.
4) The individuals described in paragraphs (1) through (3), above, may designate another
authorized representative if the authorization is in writing, the authorization specifies the
individual or position responsible for the overall operation of the facility from which the
discharge originates or having overall responsibility for environmental matters for the
company, and the written authorization is submitted to the City of Denton.
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BOD means the quantity of oxygen utilized in the biochemical oxidation of organic matter under
standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milligrams
per liter.
Building means any structure used or intended for supporting or sheltering any use or
occupancy.
Building drain means that part of the piping of a building drainage system which receives the
discharge of all soil, waste and other drainage from inside the structure and conveys the drainage to the
building service line outside the foundation wall of such building.
Categorical pretreatment standard means any regulation containing pollutant discharge limits
applicable to a specific category of users as promulgated by the EPA in accordance with section 307(b)
and (c) of the Act. (33 U.S.C. § 1317) (40 CFR Chapter I, Subchapter N, Parts 405--471).
Chlorine demand means the difference between the amount of chlorine added to water,
wastewater or industrial wastes and the amount of residual chlorine remaining at the end of a twenty-
minute contact period.
COD, denoting chemical oxygen demand, means the measure of the oxygen equivalent of that
portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant.
Committee means the environmental appeals committee.
Composite sample means sample that is collected over time, formed either by continuous
sampling or by mixing discrete samples. The sample may be composited either as a time composite
sample; composed of discrete sample aliquots collected in one container at constant time intervals
providing representative samples irrespective of stream flow; or as a flow proportional composite
sample: collected either as a constant sample volume at time intervals proportional to stream flow, or
collected by increasing the volume of each aliquot as the.flow increases while maintaining a constant
time interval between the aliquots.
Control authority means the City of Denton acting by and through its assistant city manager -
utilities.
Control manhole means an opening giving access to a service line at some point before the
service line discharges to the wastewater system.
Cooling water means the water discharged from any system of condensation such as air
conditioning, cooling or refrigeration.
Dally discharge means the discharge of a pollutant measured during a calendar day or any 24-
hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with
limitations expressed in units of mass, the "daily discharge" is calculated as the total mass of the
pollutant discharged over the day. For pollutants with limitations expressed in other units of
measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the
day.
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Daily Maximum Limit means the maximum allowable discharge limit of a pollutant during a
calendar day. Where Daily Maximum Limits are expressed in units of mass, the daily discharge is the
total mass discharged over the course of the day. Where Daily Maximum Limits are expressed in terms
of a concentration, the daily discharge is the arithmetic average measurement of the pollutant
concentration derived from all measurements taken that day.
Domestic user means a source of the introduction of pollutants into a POTW from any source
not regulated under Section 307(b), (c), or (d) of the Act.
Dry closet means an indoor room or an outdoor privy used as a toilet, but lacking water for
conveyance of waste.
EPA means the United States Environmental Protection Agency or its successor agencies.
Assistant city manager- utilities means the chief executive officer of the utilities department of
the city or his authorized deputy, agent or representative.
Flow rate means the quantity of wastewater that flows past a particular point in a certain period
of time.
Grab sample means a sample which is taken from a wastestream without regard to the flow in
the wastestream and over a period of time not to exceed fifteen (15) minutes.
Indirect Discharge or Discharge means the introduction of pollutants into the POTW from any
nondomestic source.
Industrial/commercial user means any non-domestic source discharging pollutants to the City of
Denton POTW which is not a significant industrial user.
Industrial/commerciol wastewater discharge permit, referred to in this article as
"industrial/commercial discharge permit," means a permit required of a significant industrial user to
deposit or discharge waste into any wastewater system under jurisdiction of the city.
Industrial/commercial wastewater surcharge means a charge, as set forth in this Code, levied on
industrial/commercial users of the sewage treatment works for the additional costs of treating
wastewater discharges of abnormal strength wastewater.
Interfere means inhibition or disruption of the wastewater system which contributes to a
violation of any requirement of this article.
Interference means a discharge, which alone or in conjunction with a discharge or discharges
from other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge
processes, use or disposal; and therefore, is a cause of a violation of the City of Denton's NPDES permit
or of the prevention of sewage sludge use or disposal in compliance with any of the following
statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local
regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title 11 commonly referred to
as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state
sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air
Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
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May means that the possibility or likelihood of response exists; discretionary action.
mg/1 means milligrams per liter.
Monthly Average Limit means the highest allowable average of "daily discharges" over a
calendar month, calculated as the sum of all "daily discharges" measured during a calendar month
divided by the number of "daily discharges" measured during that month.
Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water
or groundwater.
New source means:
(1) Any building, structure, facility, or installation from which there is (or may be) a discharge
of pollutants, the construction of which commenced after the publication of proposed
pretreatment standards under Section 307(c) of the Act which will be applicable to such
source if such standards are thereafter promulgated in accordance with that section,
provided that:
a. The building, structure, facility, or installation is constructed on a site at which no other
sourceis located; or
b. The building, structure, facility, or installation totally replaces the process or production
equipment that causes the discharge of pollutants at an existing source; or
c. The production or wastewater generating processes of the building, structure, facility,
or installation are substantially independent of an existing source at the same site. In
determining whether these are substantially independent, factors such as the extent to
which the new facility is integrated with the existing plant, and the extent to which the
new facility is engaged in the same general type of activity as the existing source, should
be considered.
(2) Construction on a site at which an existing source is located results in a modification rather
than a new source if the construction does not create a new building, structure, facility, or
installation meeting the criteria of section (1)(b) or (c) above but otherwise alters, replaces,
or adds to existing process or production equipment.
(3) Construction of anew source as defined under this paragraph has commenced if the owner
or operator has:
a. Begun, or caused to begin, as part of a continuous onsite construction program:
i. Any placement, assembly, or installation of facilities or equipment; or
Significant site preparation work including clearing, excavation, or removal of
existing buildings, structures, or facilities which is necessary for the placement,
assembly, or installation of new source, facilities or equipment; or
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b. Entered into a binding contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation within a reasonable time. Options to
purchase or contracts which can be terminated or modified without substantial loss,
and contracts for feasibility, engineering, and design studies do not constitute a
contractual obligation under this paragraph.
Normal strength wastewater means wastewater which, when analyzed by the city, shows by
weight a daily average of not more than two thousand eighty-five (2,085) pounds per million gallons
(two hundred fifty (250) milligrams per liter) of suspended solids and two thousand eighty-five (2,085)
pounds per million gallons (two hundred fifty (250) milligrams per liter) of BOD and two thousand
eighty-five (2,085) pounds per million gallons (two hundred fifty (250) milligrams per liter) of COD and
not more than seventy-five and one-tenth (75.1) pounds per million gallons (nine (9) milligrams per liter)
of chlorine demand and forty-one and seven-tenths (41.7) pounds per million gallons (five (5) milligrams
per liter) of phosphorus and which is otherwise acceptable into a public sewer under the terms of this
article.
NPDES permit means the National Pollution Discharge Elimination System (NPDE'S) permit as
issued pursuant to section 402 of the Act (33 U.S.C. 1342).
Objectionable waste means any wastewater that can harm the sewers, wastewater treatment
process or equipment, have an adverse effect on the receiving stream or otherwise endanger life, health
or property or constitute a nuisance.
Pass through means a discharge which exits the POTW into waters of the United States in
quantities or concentrations which, alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the City of Denton's NPDES permit, including an
increase in the magnitude or duration of a violation.
Person means any individual, partnership, co-partnership, firm, company, corporation,
association, joint stock company, trust, estate, governmental entity or any other legal entity, or their
legal representatives, agents or assigns. The masculine gender shall include the feminine and the
singular shall include the plural except as otherwise indicated by the context.
pH means the degree of acidity or alkalinity of a solution, expressed as the logarithm of the
reciprocal of the hydrogen ion concentration in gram equivalents per liter of solution.
Point of discharge means any discernible, confined and discrete conveyance or vessel from
which wastewater may be discharged into a public waterway or public wastewater system.
Polluted water means any water, liquid or gaseous waste containing any of the following:
soluble or insoluble substances of an organic or inorganic nature; settleable solids that may form sludge
deposits; grease and oils; floating solids which may cause unsightly appearance; color; phenols and
other substances to an extent which would impart any taste or odor to the receiving stream; and toxic
or poisonous substances in suspension, colloidal state, solution or gases.
POTW (publicly owned treatment works) means a treatment works as defined by, Section 212 of
the Act through which the City of Denton wastewater is collected, stored, treated, recycled or
reclaimed. This definition includes all sanitary sewers that convey wastewater to the contracted POTW
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treatment plants. For the purposes of this chapter, "POTW" shall also include any sewers that convey
wastewater to the POTW from persons outside the city who are, by contract or agreement with the city,
and users of the city's wastewater collection system. The term also means the municipality as defined in
Section 502(4) of the Act which has jurisdiction over the indirect discharges to and the discharges from
such a treatment works.
Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or
the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such
pollutants into the POTW. This reduction or alteration can be obtained by physical, chemical, or
biological processes; by process changes; or by other means, except by diluting the concentration of the
pollutants unless allowed by an applicable pretreatment standard.
Pretreatment standard, or National pretreatment standard or standard. Any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c)
of the Act, which applies to users. This term includes:
(1) Discharge prohibitions and local limits established pursuant to 40 CFR 403.5; and
(2) Categorical pretreatment standards established pursuant to 40 CFR 403.6.
Privy means an outhouse or similar type small building used as a toilet where wastes are either
buried on site or collected and disposed of elsewhere.
Public nuisance means all sewage, human excreta, wastewater, or other organic wastes
deposited, stored, discharged or exposed in such a way as to be a potential instrument or medium in the
transmission of disease to or between any person or persons.
Sanitary sewer means a sewer intended to receive domestic wastewater and admissible
industrial/commercial wastewater, but to which stormwater, surface water and groundwaters are not
intentionally admitted.
Septic tank means any covered watertight tank not connected to the wastewater system and
which is designed for the treatment of wastewater.
Service line means that part of the horizontal piping of the building drainage system beginning at
the outside foundation wall and terminating at its connection with the wastewater system.
Sewage means water which contains, or which has been in contact with organic and inorganic
contaminants such as human or animal wastes, vegetable matter, cooking fats and greases, laundry and
dishwashing detergents, and other chemical compounds and waste products.
Sewer means a pipe or conduit for carrying wastewater.
Sewer system means all facilities which are owned by the city for collecting, carrying, treating
and disposing of wastewater.
Shall means the obligation or necessity to respond; mandatory action.
Significant industrial user.
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(1) A user subject to categorical pretreatment standards; or
(2) A user that:
(a) Discharges an average of 25,000 gpd or more of process wastewater to the
POTW (excluding sanitary, noncontact cooling, and boiler blowdown
wastewater);
(b) Contributes a process wastestream which makes up five percent or more of
the average dry weather hydraulic or organic capacity of the POTW treatment
plant; or
(c) Is designated as such by the city on the basis that it has a reasonable
potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement.
(3) Upon a finding that a user meeting the criteria in subsection (2) has no reasonable
potential for adversely affecting the POTW's operation or for violating any
pretreatment standard or requirement, the city may at any time, on its own
initiative or in response to a petition received from a user, and in accordance with
procedures in 40 CFR 403.8(f)(6), determine that such user should not be
considered a significant industrial user.
Significant noncompliance means:
(1) Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six (66) percent or more of all of the measurements taken during a six-month
period exceed (by any magnitude) the daily maximum limit or the average limit for
the same pollutant parameter;
(2) Technical review criteria (TRC) violations, defined here as those in which thirty-
three (33) percent or more of all of the measurements for each pollutant
parameter taken during a six-month period equal or exceed the product of the
daily maximum limit or the average limit multiplied by the applicable TRC;
(3) Any other violation of a pretreatment effluent limit (daily maximum or longer-
term average) that the City of Denton determines has caused, alone or in
combination with other discharges, interference or pass through (including
endangering the health of POTW personnel or the general public);
(4) Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare or to the environment or has resulted in the POTW's exercise of its
emergency authority under provisions of the City of Denton Code of Ordinance to
halt or prevent such a discharge;
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(5) Failure to meet, within ninety (90) days after the scheduled date, a compliance
schedule milestone contained in a local control mechanism or enforcement order
to starting construction, completing construction, or attaining final compliance;
(6) Failure to provide, within thirty (30) days after the due date, required reports such
as baseline monitoring reports, ninety-day compliance reports, periodic self-
monitoring reports, and reports on compliance with compliance schedules;
(7) Failure to accurately report noncompliance;
(8) Any other violation or group of violations which the City of Denton determines will
adversely affect the operation or implementation of the local pretreatment
program.
Slug means any discharge of wastewater concentration of any given constituent or in quantity of
flow for any period longer than fifteen (15) minutes, more than five (5) times the average twenty-four-
hour concentration or flow of normal operations of the user in question.
Slug load means any pollutant discharge at a flow rate or concentration which could cause a
violation of the specific prohibitions under section 26-187 or 40 CFR 403.5(b) to 403.12(f).
Standard industrial classification (SIC) means a classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of the President of the United States, Office of
Management and Budget, 1972, or latest edition.
Standard methods means the latest edition of Standard Methods for the Examination of Water
and Wastewater, prepared and published jointly by the American Public Health Association, American
Water Works Association and the Water Pollution Control Federation.
Storm drain or storm sewer means a public drainage pipe which carries stormwater and surface
waters and drainage, but is not intended to carry wastewater other than unpolluted cooling water.
Stormwater means rainfall or any other form of excess water which is derived from
precipitation.
Suspended solids means solids that either float on the surface of or are in suspension in water,
wastewater or other liquids and which are removable by acceptable laboratory procedures as set forth
in standard methods.
Total dissolved solids means the material left in the vessel after evaporation of a sample and its
subsequent drying in an oven at a defined temperature.
Toxicsubstance means any substance, whether gaseous, liquid or solid, which, when discharged
to the sanitary sewer in sufficient concentrations, as determined by the executive assistant city manager
- utilities, may be hazardous to sewer maintenance and personnel, tend to interfere with any
wastewater treatment process or to constitute a hazard to human beings or animals or to inhibit aquatic
life or to create a hazard to recreation in the receiving waters of the effluent from a wastewater
treatment plant.
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Transport truck discharge (TTD) permit shall mean a permit to deposit or discharge septic tank,
cesspool or seepage pit wastes into the wastewater system.
Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable
wastes or other harmful substances from wastewater before entering the wastewater system.
User or industrial user means a source of indirect discharge.
User charge means a charge levied on users of the wastewater system for the capital cost, as
well as the operation and maintenance of such works, as set forth in this Code.
Waste means rejected, unutilized or superfluous substances in liquid, gaseous or solid form
resulting from domestic, agricultural or industrial activities.
Wastewater means the water-carried wastes which are discharged into the wastewater system.
Water closet means a compartment or room equipped with a toilet that is properly connected
to the sanitary sewer and has the means for mechanical discharge.
Sec. 26-154. Administration.
Except as otherwise provided, the assistant city manager - utilities shall administer the
provisions of this article.
Sec. 26-155. Procedures for abatement of violations.
(a) Administrative Enforcement Remedies.
(1) Notice of Violation. When the assistant city manager - utilities finds that a user has
violated, or continues to violate, any provision of this chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or requirement, the
assistant city manager - utilities may serve upon that user a written notice of violation.
Within the timeframe specified in this notice, which is usually but not always ten days, an
explanation of the violation and a plan for the satisfactory correction and prevention
thereof, to include specific required actions, shall be submitted by the user to the assistant
city manager - utilities. Submission of this plan in no way relieves the user of liability for any
violations occurring before or after receipt of the notice of violation. Nothing in this section
shall limit the authority of the assistant city manager - utilities to take any action, including
emergency actions or any other enforcement action, without first issuing a notice of
violation.
(2) Administrative Orders.
i. Compliance Orders. When the assistant city manager - utilities finds that a user has
violated, or continues to violate, any provision of this chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or requirement, the
city manager - utilities may issue an order to the user responsible for the discharge directing
that the user come into compliance within a specified time. If the user does not come into
compliance within the time provided, sewer service may be discontinued unless adequate
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treatment facilities, devices, or other related appurtenances are installed and properly
operated. Compliance orders also may contain other requirements to address the
noncompliance, including additional self-monitoring and management practices designed to
minimize the amount of pollutants discharged to the sewer. A compliance order may not
extend the deadline for compliance established for a pretreatment standard or
requirement, nor does a compliance order relieve the user of liability for any violation,
including any continuing violation. Issuance of a compliance order shall not be a bar against,
or a prerequisite for, taking any other action against the user.
H. Cease and Desist Orders. When the assistant city manager - utilities finds that a user
has violated, or continues to violate, any provision of this chapter, a wastewater discharge
permit or order issued hereunder, or any other pretreatment standard or requirement, or
that the user's past violations are likely to recur, the assistant city manager - utilities may
issue an order to the user directing it to cease and desist all such violations and directing the
user to:
A. Immediately comply with all requirements; and
B. Take such appropriate remedial or preventive action as may be needed to properly
address a continuing or threatened violation, including halting operations and/or
terminating the discharge.
(b) Service of notice or order. Any notice or order issued under this article shall be in writing and
served in person or by registered or certified mail on the record user or users of the
wastewater system or other persons determined to be responsible for such violation.
Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking
any other action against the user.
(c) Appeals. Any person may appeal an order of the assistant city manager - utilities by filing a
written notice of appeal with the assistant city manager - utilities on forms provided by the
Utilities Administration Office. Such notice of appeal shall be filed within (10) days of service
of the order.
(d) Termination of service. If no timely appeal is filed, the assistant city manager - utilities may,
if a violation is continuing or reoccurring or may reoccur, terminate wastewater service to
the person ordered to correct or abate such violation if such violation has not been
corrected or abated within the time specified in such order.
(e) Emergency suspension of service.
(1) Suspension. The assistant city manager - utilities may, without prior notice, suspend
water service, sanitary sewer service and/or storm sewer access to a user or to a person
discharging to the sanitary sewer or storm sewer when such suspension is necessary in
the opinion of the assistant city manager - utilities to stop an actual or threatened
discharge which:
L Presents or may present imminent substantial danger to the environment or to
provided by the health or welfare of persons;
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ii. Presents or may present imminent substantial danger to the POTW, storm sewer or
waters of the state; or
iii. Will cause pass through or interference of the POTW.
(2) Notice of suspension. As soon as is practicable after the suspension of service, the
assistant city manager - utilities shall notify the user or the person discharging to the
wastewater or storm sewer of the suspension, and order such person to cease the
discharge immediately.
(3) Other steps. if a person fails to comply with a notice or order issued under subsection
(a), the assistant city manager - utilities shall take such steps as it deems necessary to
prevent or minimize damage to the storm sewer, POTW or waters of the state, or to
minimize danger to persons. Such steps may include immediate severance of a person's
sanitary sewer connection.
(4) Reinstating service. The assistant city manager - utilities shall reinstate suspended
services to the wastewater user or to the person discharging to the storm sewer:
i. Upon proof by such person that the non-complying discharge has been eliminated;
ii. Upon payment by such person of its outstanding water, sewer and stormwater
utility charges;
iii. Upon payment by such person of all costs incurred by the city in responding to the
discharge or threatened discharge; and
iv. Upon payment by such person of all costs incurred by the city in reconnecting
service.
(5) Written statement. Within five (5) days of the day of suspension of services, the
wastewater user or the person discharging to the storm sewer shall submit to the
assistant city manager - utilities a detailed written statement describing the cause of the
discharge and the measures taken to prevent any future occurrence.
(b) Right to hearing. A person whose service has been suspended under this section may
apply to the department which suspended service for a hearing on the issue of the
suspension. The hearing shall be conducted in accordance with subsection (f) of this
section.
(f) Nearing and determination.
(1) An environmental appeals committee is hereby established and authorized to hear and
decide appeals from any order issued by the assistant city manager - utilities pursuant to
this article. The committee shall be composed of three (3) members appointed by the
city manager. No individual appointed to the committee shall be employed in the chain
of command of the assistant city manager - utilities.
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(2) The committee may call and hold hearings, administer oaths, receive evidence at the
hearing, and make findings of fact and decisions with respect to administering its
powers in this chapter.
(3) Upon the hearing, the committee shall determine if there is substantial evidence to
support the assistant city manager - utilities determination and order. The decision of
the committee shall be in writing and contain findings of fact. If the committee,
determines that there is substantial evidence to support the determination and order of
the assistant city manager - utilities, the committee shall, in addition to its decision,
issue an order:
a. Requiring discontinuance of such violation or condition;
b. Requiring compliance with any requirement to correct or prevent any condition or
violation; or
c. Suspending or revoking any permit issued under this article.
(4) In any decision and order issued by the committee, the order shall specify the time in
which the compliance with the order must be taken. A copy of the decision and order
shall be delivered to the appellant or person to whom the order is directed in person or
sent to him by registered or certified mail.
(5) Should the appellant fail to comply with the order of the committee within the time
specified therein, if any, the assistant city manager - utilities, in addition to any other
remedy provided for in this article, may terminate sewer service to the appellant.
Sec. 26-156. Penalties.
(a) A person who violates any provision of this article shall, upon conviction by the municipal
court, be punished as provided in section 1-12 of the "General Provisions" chapter of this
Code.
(b) The city attorney is authorized to commence an action for appropriate legal or equitable
relief in a court of competent jurisdiction. Such relief may include:
(1) An injunction to prevent a violation of this chapter;
(2) Recovery for damages to the POTW or storm sewer resulting from a violation of this
chapter;
(3) Recovery for expenses incurred by the city in responding to a violation of this chapter;
(4) A daily civil penalty of up to the maximum provided by Texas Local Government Code
54.017 (b) for a violation of sections 26-151 through 26-208; and
(5) All other damages, costs and remedies to which the city may be entitled.
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Sec. 26-157. Determining the character and concentration of wastewater.
(a) The wastewater discharged or deposited into the wastewater system shall be subject to
periodic inspection and sampling as often as may be deemed necessary by the assistant city
manager - utilities. Sampling shall be conducted according to customarily accepted
methods, reflecting the effect of constituents upon the wastewater system and determining
the existence of hazards to health, life, limb and property.
(1) Except as indicated in section 26-157(a) subsection (2) below, the user must collect
wastewater samples using flow proportional composite collection techniques. In the
event flow proportional sampling is infeasible, the assistant city manager - utilities may
authorize the use of time proportional sampling or a minimum of four (4) grab samples
where the user demonstrates that this will provide a representative sample of the
effluent being discharged. In addition, grab samples may be required to show
compliance with instantaneous discharge limits.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
(b) The examination and analyses of the characteristics of waters and wastes required by this article
shall be:
(1) Conducted in accordance with Section 304(h) of the Clean Water Act; 40 CFR Part 136
and amendments thereto; or any techniques approved by EPA; and
(2) Determined from suitable samples taken at the control manhole provided or other
control points authorized by the city.
(c) The determination of the character and concentration of wastewater shall be made by the
assistant city manager - utilities at such times and on such schedules as may be established by
the assistant city manager - utilities.
(d) Any person determined to be discharging wastewater in violation of this article shall
compensate the city for the cost of sampling and monitoring the discharges until such time as
the discharged wastewater is in compliance with this article. The assistant city, manager -
utilities shall determine the number of samples and the frequency of sampling necessary to
maintain surveillance of the discharges.
Sec. 26-158. Approval of plans, issuance of permits and certification of final inspection.
(a) Wastewater system work permit required. It shall be unlawful for any user of the wastewater
system to construct, reconstruct, modify, enlarge or alter any equipment, device, machinery,
apparatus or facility or system or component thereof which is used or is intended to be used to
treat, process, measure or convey any wastewater which is or will be discharged into the
wastewater system without first obtaining a wastewater system work permit from the assistant
city manager - utilities.
(b) Requirements for permit. A wastewater system work permit shall be issued when all plans,
drawings and specifications are submitted in such detail as the assistant city manager - utilities
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may require and the assistant city manager - utilities has determined that the work to be done
will result in adequate treatment, processing, measuring and conveyance of the wastewater
discharged into the wastewater system in accordance with the provisions of this article.
(c) Certificate of final inspection upon completion.
(1) Upon completion of the work to be done under the wastewater system work permit,
the assistant city manager - utilities shall inspect the work and, if done in accordance
with the permit, the executive assistant city manager - utilities shall issue a certificate of
final inspection to the permit holder.
(2) If the completed work does not comply with the plans and specifications submitted for
which the permit was issued, the assistant city manager - utilities shall require such
correction as necessary before a certificate of inspection is issued.
(3) No person receiving a wastewater system work permit shall utilize or make use of any
equipment, device, machinery, apparatus or facility covered by the permit until a
certificate of final inspection is issued in accordance with this article.
(d) Right to inspect. No person shall refuse the assistant city manager - utilities the right to inspect
any work done or required to be done under this article.
Sec. 26-159. Inspections.
Representatives of the city, the EPA, the Texas Commission on Environmental Quality and the
state health department or any successor agency bearing proper credentials and identification shall be
permitted to enter upon the premises of industrial users for the purpose of inspection, observation, flow
measurement, sampling and testing of the wastewater system or any wastewater discharged into the
wastewater system or examination of any records, files and operational activities associated with the
industrial pretreatment program and generation of hazardous waste and discharges into the
environment. The city will, at a minimum, inspect all Significant Industrial Users once per year.
Sec. 26-160. Access to industrial user records
(a) The assistant city manager - utilities shall have access to, and the right to inspect and copy, any
and all industrial user records (documents, memorandums, reports, correspondence, and any
and all summaries thereof) which pertain to that industry's discharge to the POTW, disposal
and/or generation of hazardous waste and discharges into the environment.
(b) The industrial user shall be required to retain records of all information resulting from any
monitoring, sampling analyses, or reporting activity required by these regulations for a
minimum of five (5) years. This period of retention shall be extended during the course of any
unresolved litigation regarding the industrial user or POTW or when requested by the assistant
city manager- utilities.
(c) The constituents and characteristics of wastewater discharged by an industrial user shall not be
considered confidential and shall be available to the public without restriction.
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Other information obtained from documents, memorandum, reports, correspondence,
questionnaires, permit applications, permits, monitoring programs and inspections shall be
available to the public without restriction unless the user specifically requests, in writing, at the
time the information is to be obtained by the assistant city manager - utilities, that the
information is to be considered confidential. Information submitted to the assistant city
manager - utilities by the industrial user shall be stamped "confidential information" on each
page containing such information that the industrial user wishes to be held confidential. If a
claim of confidentiality is asserted, and a records request is received from the public, the
assistant city manager - utilities in consultation with the city attorney shall determine if such
information is protected by law from disclosure under either the Texas Open Records Act or 40
CFR Part 2 (Public Information). If the industrial user does not claim the information as
confidential at the time the information is obtained by the assistant city manager - utilities, it
will be available to the public without further notice.
(d) All non-domestic users shall furnish, upon request, to the city, information needed to develop a
systematic program according to the pretreatment standards or requirements. The information
must be available to the assistant city manager - utilities for inspection and reproduction.
Sec. 26-161. Right of entry.
The assistant city manager - utilities shall have the right to enter the premises of any User to determine
whether the User is complying with all requirements of this ordinance and any individual wastewater
discharge permit or order issued hereunder. Users shall allow the assistant city manager - utilities ready
access to all parts of the premises for the purposes of inspection, sampling, records examination and
copying, and the performance of any additional duties.
(a) Where a User has security measures in force which require proper identification and clearance
before entry into its premises, the User shall make necessary arrangements with its security
guards so that, upon presentation of suitable identification, the assistant city manager - utilities
shall be permitted to enter without delay for the purposes of performing specific
responsibilities.
(b) The assistant city manager - utilities shall have the right to set up on the User's property, or
require installation of, such devices as are necessary to conduct sampling and/or metering of
the User's operations.
(c) The assistant city manager - utilities may require the User to install monitoring equipment as
necessary. The facility's sampling and monitoring equipment shall be maintained at all times in
a safe and proper operating condition by the User at its own expense. All devices used to
measure wastewater flow and quality shall be calibrated at a frequency determined by the
assistant city manager-utilities to ensure their accuracy.
(d) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected
and/or sampled shall be promptly removed by the User at the written or verbal request of the
assistant city manager - utilities and shall not be replaced. The costs of clearing such access shall
be borne by the User.
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(e) Unreasonable delays in allowing the assistant city manager - utilities access to the User's
premises shall be a violation of this ordinance.
Sec. 26-162 Affirmative defense to discharge violations
If a person can establish that an event that would otherwise be a violation of article V of this chapter or
a permit issued under article V of this chapter was caused solely by an act of God, war, strike, riot, or
other catastrophe, the event is not a violation of this article V of this chapter or permit.
Sec. 26-163 Bypass
(a) For the purposes of this section:
(1) "Bypass" means the intentional diversion of wastestreams from any portion of a user's
treatment facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the
treatment facilities which causes them to become inoperable, or substantial and
permanent loss of natural resources which can reasonably be expected to occur in the
absence of a bypass. Severe property damage does not mean economic loss caused by
delays in production.
(b) A user may allow any bypass to occur which does not cause pretreatment standards or
requirements to be violated, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provision of paragraphs (c). and (d). of this
section.
(c) Bypass Notification
(1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the
assistant manager - utilities, at least ten days before the date of the bypass, if possible.
(2) A user shall submit oral notice to the assistant manager - utilities of an unanticipated bypass
that exceeds applicable pretreatment standards within 24 hours from the time it becomes
aware of the bypass. A written submission shall also be provided within five days of the
time the user becomes aware of the bypass. The written submission shall contain a
description of the bypass and its cause; the duration of the bypass, including exact dates
and times, and, if the bypass has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
bypass. The assistant manager - utilities may waive the written report on a case-by-case
basis if the oral report has been received within 24 hours.
(d) Bypass
(1) Bypass is prohibited, and the assistant manager - utilities may take an enforcement action
against a user for a bypass, unless
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
damage;
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(ii) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes, or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate back-up
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(iii) The user submitted notices as required under paragraph (c). of this section.
(2) The assistant manager - utilities may approve an anticipated bypass, after considering its
adverse effects, if the assistant manager - utilities determines that it will meet the three
conditions listed in paragraph (d)(1) of this section.
Sec 26-164 Public participation
The assistant city manager - utilities shall publish annually, in the largest daily newspaper published in
the municipality where the POTW is located, a list of the users which, during the previous 12 months,
were in significant noncompliance with applicable pretreatment standards and requirements.
Secs. 26-165 to 26-170. Reserved.
DIVISION 2. SANITARY FACILITIES REQUIRED
Sec. 26-171. Connections required.
(a) Any owner or occupant of every building where such building is within one hundred (100) feet
of any city sanitary sewer and is utilized as a dwelling or residential unit shall construct or cause
to be constructed a suitable water closet upon such property and shall connect or cause the
water closet to be connected with the sanitary sewer in accordance with all ordinances of the
city regulating such construction and shall, within thirty (30) days after written notice to do so
from the assistant city manager- utilities, abate and cease to use any septic system, dry closet or
privy upon such premises.
(b) Any owner or occupant of every building where such building is within three hundred (300) feet
of any city sanitary sewer and is utilized as a business or commercial establishment discharging
wastewater exceeding the limits established by this article shall construct or cause to be
constructed a suitable water closet upon such property and shall connect or cause the water
closet to be connected with the sanitary sewer in accordance with all ordinances of the city
regulating such construction and shall, within thirty (30) days after written notice to do so from
the assistant city manager - utilities, abate and cease to use any septic system, dry closet or
privy upon such premises.
(c) The owner or occupant of any such property shall keep and maintain such water closet and all
connections in good condition and free from any obstructions.
Sec. 26-172. Reserved.
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Sec. 26-173. Dry closets prohibited.
It shall be unlawful for any person to build, use or maintain any privy or dry closet on any lot or
land within the corporate limits of the city, except for portable sanitary privies utilized temporarily.
Sec. 26-174. Construction of sanitary sewers and connections.
The construction of sanitary sewers and connections thereto shall be as provided in the
ordinances of the city.
Sec. 26-175. Owner responsible for maintenance of sanitary sewer service lines.
The city shall not be responsible for the maintenance of any building drains or service lines, and
such maintenance shall be the responsibility and duty of the owner of the premises serviced by any such
service line.
Sec. 26-176. Compliance with building regulations required.
Sanitary sewer service shall not be furnished to any premises where the plumbing thereof has
not been installed in accordance with the building regulations or any other provisions as provided in the
ordinances of the city.
Sec. 26-177. Reserved.
Secs. 26-178--26-185. Reserved.
DIVISION 3. USE OF PUBLIC SEWERS
Sec. 26-186. Discharge prohibitions.
(a) It shall be unlawful for any person to discharge or cause to be discharged into the POTW or into
a natural outlet materials, waters or wastewater, if such substances may cause pass through or
interference or have an adverse effect on the environment or may otherwise endanger life,
health or property or constitute a public nuisance, including oxygen-demanding pollutants (BOD,
etc.). In determining the acceptability of substances for discharge into the wastewater system,
the assistant city manager - utilities shall give consideration to such factors as the quantities of
subject substances in relation to flows and velocities in the wastewater system, materials of
which the wastewater system is constructed, nature of the wastewater treatment process,
capacity of the wastewater treatment plant, degree of treatability of the substances in the
wastewater treatment plant and such other factors which may be pertinent to such evaluation.
(b) No person shall discharge into public sewers:
(1) Any liquids, solids or gases, including but not limited to gasoline, kerosene, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes peroxides, chlorates,
perchlorates, bromates, carbides, hydrides, sulfides or any other, substances which are a
fire or other hazard to the system, which by reason of their nature or quantity are or may
be sufficient either alone or by interaction with other substances to cause fires, explosions
or be injurious in any other way to the facilities or operation of the wastewater system
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including wastestreams with a closed-cup flash point of less than one hundred forty (140)
degrees Fahrenheit [sixty (60) degrees Celsius] using the test methods specified in 40 CFR
261.21.
(2) Any substance which causes two (2) successive readings on an explosion hazard meter to
be more than five (5) percent or any single reading over ten (10) percent of the lower
explosive limit (LEL) of the meter as measured at the point where the wastewater is
discharged into the wastewater system.
(3) Any wastewater having a pH less than five (5), greater than twelve point five (12.5) or any
wastewater having any other corrosive property capable of causing damage or hazard to
the wastewater system or any person.
(4) Any wastewater containing toxic substances in sufficient quantity that may, either singly
or by interaction with other substances, injure or cause interference with any wastewater
treatment process, constitute a hazard to humans or animals, create a toxic effect in the
effluent waters of the wastewater system or exceed the limitation set forth in the
categorical pretreatment standards. A toxic substance shall include but not be limited to
any substance identified pursuant to Section 307(a) of the Act.
(5) Any substance discharged into the wastewater system, such as residues, sludges or scums,
which causes interference with the reclamation process or any substance which causes
the wastewater system to be in noncompliance with sludge use or disposal guidelines or
regulations developed under Section 405 of the Act or any guidelines or regulations
affecting sludge use or disposal promulgated pursuant to the Solid Waste Disposal Act, the
Clean Air Act and the Toxic Substances Control Act, as amended by the U.S. Congress.
(6) Any liquid or vapor having a temperature higher than one hundred fifty degrees
Fahrenheit (150°F) sixty-five degrees Celsius (65°F). If, in the opinion of the assistant city
manager - utilities, lower temperatures of such wastewater could harm either the
wastewater system, wastewater treatment process, equipment or have an adverse effect
on the receiving stream or could otherwise endanger life, health or property or constitute
a public nuisance, then the assistant city manager - utilities may prohibit such discharges.
In no case wastewater which causes the temperature at the introduction into the
treatment plant to exceed one hundred and four degrees Fahrenheit (104°F) forty degrees
Celsius(40°C).
(7) Any wastewater containing fats, wax, grease or oils, whether emulsified or not, in excess
of two hundred (200) mg/I or containing substances which may solidify or become viscous
at temperatures between thirty-two degrees Fahrenheit (32°F) zero degrees Celsius (0°C)
and one hundred fifty degrees Fahrenheit (150°F) sixty-five degrees Celsius (65°C) and
which might cause obstruction of flow in the POTW resulting in interference.
(8) The assistant city manager - utilities may reject any waste which does not meet the
requirements of this ordinance. The assistant city manager - utilities may require any
information from an industrial user necessary to determine the characteristics of the
user's wastewater discharge prior to the commencement of such discharge to the POTW.
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The assistant city manager - utilities may deny or condition new, increased or changed
contributions.
(9) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts
that will cause interference or pass through.
(10) Trucked or hauled pollutants, except at discharge points designated by the assistant city
manager - utilities.
Sec. 26-187. Specific pollutant limitations.
It shall be unlawful for any person to discharge into the wastewater system, unless such discharge is
allowed under the provisions of section 26-208, any of the following:
(a) The following pollutant limits apply at the point where the wastewater is discharged to the
POTW and are established to protect against Pass Through and Interference. No person shall
discharge wastewater containing in excess of the following Daily Maximum Limits.:
TABLE INSET:
DAILY MAXIMUM DISCHARGE LIMITS (mg/1)
POLLUTANTS
Composite Values
Aluminum
137.45
Arsenic
0.12
Cadmium
0.08
Chromium
2.19
Chromium (VI)
0.66
1
Copper
0.84
Cyanide
0.36
Lead
0.51
Mercury
0.0006
Molybdenum
1.18
Nickel
1.10
Selenium
0.09
Silver
0.13
Zinc
0.96
All concentrations for pollutants are for "total" values unless otherwise indicated.
(b) Other metals not listed in subsection (1)(a) of this section which will, in the opinion of the
assistant city manager - utilities, damage the wastewater system or interfere with the treatment
process;
(c) Toxic organics found in quantifiable concentration greater than 0.01 mg/I (10 ppb) shall not
total more than 2.13 mg/1 for any discharge. Any organic compound considered toxic by the
assistant city manager - utilities and reasonably expected to be found in the industrial user's
discharge may be included in the calculations of total toxic organics.if detected in any industry's
discharge in quantifiable concentration greater than 0.01 mg/l;
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(d) Any radioactive wastes or isotopes into the public wastewater system without permission of the
city;
(e) Quantities of flow, concentrations or both which constitute a slug;
(f) Materials or substances which cause:
(1) Concentrations of suspended solids or BOD in excess of two hundred fifty (250) mg/I;
(2) Concentrations of phosphorous exceeding five (5) mg/I;
(3) Discolorations, such as but not limited to dye waters and vegetable tanning solution.
(g) National categorical pretreatment standards. The categorical pretreatment standards found at
40 CFR Chapter I, Subchapter N are hereby incorporated.
(h) Waters contaminated by petroleum fuel or petroleum substances according to the following
effluent limitations (TPDES GENERAL PERMIT NO. TXG 830000; under provisions of Section 402
of the Clean Water Act and Chapter 26 of the Texas Water Code):
DAILY MAXIMUM DISCHARGE LIMITS (mg/1)
POLLUTANTS
Composite Values
Total Petroleum Hydrocarbons (TPH)
15
Total Lead
0.10
Benzene
0.005
Total BTEX
0.10
Polynuclear Aromatic Hydrocarbons (PAH)
0.01
MTBE
0.24
(1) The above constituents shall be measured or analyzed as follows:
(A) TPH must be analyzed using Texas method 1005.
(B) BTEX shall be measured as the sum of benzene, toluene, ethylbenzene, and total xylenes (EPA
Method 8260 B).
(C) PAH shall be measured as the sum of acenapthene, acenapthylene, anthracene,
benzo(a)anthracene, benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene,
benzo(a)pyrene, chrysene, dibenzo(a,h)anthracene, fluoranthene, fluorine, indeno(1,2,3-cd)pyre ne,
naphthalene, phenanthrene, and pyrene.
(D) MTSE, as referenced above, is methyl tert-butyl ether.
(i) The pollutant limits in (b) through (f) and (h) of this section will be applied to Industrial/Commercial
Users through inclusion in an Industrial/commercial wastewater discharge permit when the
assistant city manager - utilities determines that the pollutant(s) is reasonably expected to be
present in the Industrial/Commercial User's Indirect Discharge.
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Sec. 26-188. Discharge of waters not containing wastewater.
(a) It shall be unlawful for any person to discharge unpolluted waters into the wastewater
system. Except with the approval of the assistant city manager - utilities or as otherwise
provided in this article, no stormwater connection from any building or yard nor any drain
from any catchbasin, lake, swamp, or pond nor any outlet for surface water, stormwater or
groundwater of any kind shall be connected to the wastewater system.
(b) Within any area served by a separate sanitary sewer and a storm sewer, no stormwater shall
be allowed to enter the sanitary sewer from waste or vent pipes of any building. Within any
such area no downspout, roof leaders, gutters, other pipes or drains such as channels which
may at any time carry stormwater, surface drainage derived from hydraulic pressure or from
well points or lake water shall be connected with any sanitary sewer.
Sec. 26-189. Discharge to a natural outlet.
It shall be unlawful for any person to discharge polluted water to any storm sewer or natural
outlet within the area served by the city, except where suitable treatment has been provided in
accordance with the provisions of this article and except where a Federal National Pollutant Discharge
Elimination Systems (NPDES) permit has been duly issued and is currently valid for such discharge. A
valid copy of such a permit and any modifications thereof must be filed with the assistant city manager-
utilities.
Sec. 26-190. Wastewater discharges requiring traps.
All persons discharging oil, grease, and flammable wastes or other harmful substances in
amounts that, in the opinion of the assistant city manager - utilities, will impede or stop the flow in the
wastewater system shall install a trap before the point of discharge into the wastewater system. Any
person responsible for discharges requiring a trap shall, at his own expense and as required by the city:
(a) Provide equipment and facilities of a type and capacity approved by the city;
(b) Locate the trap in a manner that provides ready and easy accessibility for cleaning and
inspection; and
(c) Maintain the trap ineffective operating condition.
Sec. 26-191. Wastewater discharge from transport trucks.
(a) Permit required. All persons owning or operating a vacuum truck, cesspool pump truck,
liquid wastewater transport truck or other vehicle shall not discharge or unload any septic
tank, seepage pit, interceptor or cesspool contents from such vehicle without first having
received a valid transport truck discharge (TTD) permit.
(b) Permit fee. TTD permits shall be issued by the assistant city manager - utilities upon proper
application and payment of a fee established by the city council and on file in the office of
the city secretary. All TTD permits shall be valid for one (1) year.
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(c) Unloading or discharge of waste or wastewater. It shall be unlawful for any person holding a
TTD permit to unload or discharge any waste or wastewater except in a manner and at a
place as specified by the assistant city manager - utilities. Before discharging under a TTD
permit, the assistant city manager - utilities may require the person holding such permit to
furnish a sample of the contents of the material to be discharged as a prerequisite to
discharging into the wastewater system. The assistant city manager - utilities may refuse
permission to discharge abnormal strength wastewater into the wastewater system.
(d) Rates for discharge. Any person discharging or unloading normal strength wastewater under
a TTD permit into the wastewater system shall be charged at the regular commercial sewer
rates. Any person discharging abnormal strength wastewater under a TTD permit into the
wastewater system shall be charged an industrial/commercial surcharge rate.
Secs. 26-192--26-200. Reserved.
DIVISION 4. INDUSTRIAL OR COMMERCIAL WASTEWATER DISCHARGE
Sec. 26-201. Permit--Required.
(a) It shall be unlawful for any significant industrial user to connect to the wastewater system or
to discharge wastewater to the wastewater system without first obtaining an
industrial/commercial wastewater discharge permit from the assistant city manager -
utilities.
(b) All significant industrial users discharging wastewater into the wastewater system prior to
the effective date of the ordinance from which this article is derived may continue that
discharge one hundred eighty (180) days after such effective date. Prior to the expiration of
the one-hundred-eighty-day period, the significant industrial user shall apply for an
industrial/commercial wastewater discharge permit from the assistant city manager -
utilities.
Sec. 26-202. Same--Procedure for obtaining.
(a) Application. Significant industrial users required to obtain an industrial/commercial
wastewater discharge permit shall complete and file with the city an application in the form
prescribed by the city and accompanied by a fee established by the city council and on file in
the office of the city secretary. New significant industrial users shall apply at least ninety
(90) days prior to connecting to or contributing to the wastewater system for an
industrial/commercial wastewater discharge permit. In support of the application, the
significant industrial user shall submit the following information:
(1) All information required by (f)(1) of this section.
(2) Name, address, and location, if different from the address;
(3) SIC number according to the Standard Industrial Classification Manual, Bureau of
the Budget, 1972, as amended;
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(4) Wastewater constituents and characteristics, including but not limited to those
mentioned in this article as determined by a reliable analytical laboratory;
sampling and analysis shall be performed in accordance with procedures
established by the EPA pursuant to the Act and contained in 40 CFR, Part 136, as
amended;
(5) Time and duration of contribution;
(6) Average daily wastewater flow rates, including daily, monthly and seasonal
variations, if any;
(7) Site plans, floor plans, mechanical and plumbing plans and details to show all
service lines, sewer connections and appurtenances by size, location and
elevation;
(8) Description of activities, facilities and plant processes on the premises, including
all materials which are or could be discharged;
(9) Where known, the nature and concentration of any pollutants in the discharge
which are limited by any city law or regulation or by the state or categorical
pretreatment standards and a statement regarding whether or not the
pretreatment standards are being met on a consistent basis;
(10) If additional pretreatment and/or operation and maintenance will be required to
meet the categorical pretreatment standards, the shortest schedule by which the
significant industrial user will provide such additional pretreatment. The
completion date in this schedule shall not be later than the compliance date
established for the applicable categorical pretreatment standard. The following
conditions shall apply to this schedule:
I. The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the significant
industrial user to meet the applicable categorical pretreatment standards,
e.g., hiring an engineer, completing preliminary plans, completing final plans,
executing contract for major components, commencing construction.
ii. No increment referred to in subsection (a)(10)1. of this section shall exceed
nine (9) months.
iii. Not later than fourteen (14) days following each date in the schedule and the
final date for compliance, the significant industrial user shall submit a progress
report to the assistant city manager - utilities including, as a minimum,
whether or not it complied with the increment of progress to be met on such
date and, if not, the date on which it expects to comply with this increment of
progress, the reason for delay and the steps being taken by the significant
industrial user to return the construction to the schedule established. In no
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event shall more than nine (9) months elapse between such progress reports
to the assistant city manager - utilities.
(11) Each product produced by type, amount, process or processes and rate of
production;
(12) Type and amount of raw materials processed, average and maximum per day;
(13) Number and type of employees and hours of operation of the plant and proposed
or actual hours of operation of the pretreatment system;
(14) Any other information as may be deemed by the city to be necessary to evaluate
the permit application.
(b) Modifications. Within nine (9) months of the promulgation of a categorical pretreatment
standard, the industrial/commercial wastewater discharge permit of significant industrial
users subject to such standards shall be revised to require compliance with such standard
within the timeframe prescribed by such standard. Where a significant industrial user
subject to a categorical pretreatment standard has not previously submitted an application
for an industrial/commercial wastewater discharge permit, the significant industrial user
shall apply for an industrial/commercial wastewater discharge permit within one hundred
eighty (180) days after the promulgation of the applicable categorical pretreatment
standard. In addition, the significant industrial/commercial user with an existing
industrial/commercial wastewater discharge permit shall submit to the assistant city
manager - utilities, within one hundred eighty (180) days after the promulgation of an
applicable categorical pretreatment standard, the information required by subsections (a)(8)
and (a)(9) of this section.
(c) Conditions. Industrial/commercial wastewater discharge permits shall be expressly subject
to all provisions of this article and all other applicable regulations, significant industrial user
charges and fees established by this Code. Permits shall contain the following:
(1) The unit charge or schedule of significant industrial user charges and fees for the
wastewater to be discharged to the wastewater system;
(2) Limits on the average and maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements for flow
regulations and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs which may include sampling locations,
frequency of sampling, number, types and standards for tests and reporting schedule;
(6) Compliance schedules;
(7) Requirements for submission of technical reports or discharge reports;
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(8) Requirements for maintaining and retaining plant records relating to wastewater
discharge as specified by the city and affording city access thereto;
(9) Requirements for notification of the city of any new introduction of wastewater
constituents or any substantial change in the volume or character of the wastewater
constituents being introduced into the wastewater system;
(10) Requirements for notification of slug discharges;
(11) Other conditions as deemed appropriate by the city to ensure compliance with this
article and requirements of 40 CFR 403.8(f).
(d) Duration. Permits shall be issued for a specified time period not to exceed three (3) years. A
permit may be issued for a period less than one (1) year or may be stated to expire on a
specified date. The significant industrial user shall apply for permit reissuance a minimum of
sixty (60) days prior to the expiration of the significant industrial user's existing permit. The
terms and conditions of the permit may be subject to modification by the city during the
term of the permit. The significant industrial user shall be informed of any proposed
changes in his permit at least thirty (30) days prior to the effective date of change.
(e) Transfer. Wastewater discharge permits may be transferred to a new owner or operator
only if the permittee gives at least 90 days advance notice to the assistant city manager -
utilities, and the assistant city manager - utilities approves the wastewater discharge permit
transfer. The notice to assistant city manager - utilities must include a written certification
by the new owner or operator which:
(A) States that the new owner and/or operator has no immediate intent to change the facility's
operations and processes;
(B) Identifies the specific date on which the transfer is to occur; and
(C) Acknowledges full responsibility for complying with the existing wastewater discharge
permit.
Failure to provide advance notice of a transfer renders the wastewater discharge permit void as
of the date of facility transfer. A copy of the existing control mechanism will be provided to the
new owner or operator by the permittee and the Assistant City Manager- Utilities.
(f) Reporting requirements for permittee. The perm ittee shall submit the following reports:
(1) All significant industrial users, including new sources, that are subject to categorical
pretreatment standards must submit baseline monitoring reports (BMRs) to the
assistant city manager - utilities in accordance with 40 CFR 403.12(b).
L Identifying information. The name and address of the facility, including the
name of the operator and owner.
ii. Environmental permits. A list of any environmental control permits held by or
for the facility.
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iii. Description of operations. A brief description of the nature, average rate of
production, and standard industrial classifications of the operations carried out
by such user. This description should include a schematic process diagram which
indicates points of discharge to the POTW from the regulated processes.
iv. Flow measurement. Information showing the measured average daily and
maximum daily flow, in gallons per day, to the POTW from regulated process
streams and other streams, as necessary to allow use of the combined
wastestream formula set out in 40 CFR 403.6(e).
v. Measurement of pollutants.
1. The categorical pretreatment standards applicable to each regulated
process.
2. The results of sampling and analysis identifying the nature and
concentration, and/or mass, where required by the standard or by
assistant city manager - utilities of regulated pollutants in the discharge
from each regulated process. Instantaneous, daily maximum, and long-
term average concentrations or mass, where required, shall be
reported. The sample shall be representative of daily operations and
shall be analyzed in accordance with procedures set out in section 26-
157(b) of this article.
3. Sampling must be performed in accordance with procedures set out in
section 26-157(a)(1) and (2) of this ordinance.
vi. Certification. A statement, reviewed by the user's authorized representative and
certified by a qualified professional, indicating whether pretreatment standards
are being met on a consistent basis, and, if not, whether additional operation
and maintenance (O&M) and/or additional pretreatment is required to meet
the pretreatment standards and requirements.
vii. Compliance schedule. If additional pretreatment and/or O&M will be required to
meet the pretreatment standards, the shortest schedule by which the user will
provide such additional pretreatment and/or O&M. The completion date in this
schedule shall not be later than the compliance date established for the
applicable pretreatment standard. A compliance schedule shall contain:
1. Progress increments in the form of dates for the commencement and
completion of major events leading to the construction and operation of
additional pretreatment required for the user to meet the applicable
pretreatment standards (such events include, but are not limited to,
hiring an engineer, completing preliminary and final plans, executing
contracts for major components, commencing and completing
construction and beginning and conducting routine operations);
2. No increments referred to above shall exceed nine (9) months;
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3. The user shall submit a progress report to the assistant city manager -
utilities no later than fourteen (14) days following each date in the
schedule and the final date of compliance including, as a minimum,
whether or not it complied with the increment of progress, the reason
for any delay, and, if appropriate, the steps being taken by the user to
return to the established schedule; and
4. In no event shall more than nine (9) months elapse between such
progress report to the assistant city manager - utilities.
viii. Signature and certification. All baseline monitoring reports must be signed and
certified in accordance with section 26-202(f)(12) and (f)(13) of this article.
(2) Within ninety (90) days following the commencement of the contribution of
wastewater into the POTW, any significant industrial user classified as a regulated
categorical standard industry, and therefore subject to Federal Categorical
Pretreatment Standards, shall submit to the assistant city manager - utilities a ninety-
day compliance report in accordance with 40 CFR 403.12(d).
(3) Significant industrial users not classified as categorical standard industries may, at the
discretion of the assistant city manager - utilities, be required to submit a baseline
monitoring report and/or a ninety-day compliance report.
(4) Regulated categorical standard industries subject to a pretreatment standard, after
the compliance date of such pretreatment standard or, in the case of new sources,
after commencement of the discharge to the POTW, shall submit a semi-annual
compliance report to the assistant city manager - utilities in accordance with 40 CFR
403.12(e).
(5) Significant industrial users, not subject to federal categorical limitations, may be
required to submit a semi-annual compliance report to the assistant city manager -
utilities in accordance with 40 CPR 403.12(h).
(6) Semi-annual compliance reports required under subsection (f)(4) and (5) of this
section shall be based on sampling and analytical data collected during the period
covered by the report by both the assistant city manager - utilities and the industrial
user if self-monitoring is performed. Sampling and analytical data shall be
representative of the conditions occurring during the reporting period.
(7) Significant Industrial Users shall perform self-monitoring sampling and analysis of the
regulated process wastestream(s) at a minimum frequency of once during each semi-
annual compliance reporting period, unless the Control Authority performs the
required sampling in lieu of the industrial user pursuant to 40 CFR 403.12(8) and 40
CPR Part 403.12(h).
(8) Self-monitoring samples shall be collected, preserved and analyzed in accordance with
approved methods.
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(9) For each self-monitoring samples, the industrial user shall submit an industrial self-
monitoring sampling report which shall include:
i. The date, exact place, sampling method, preservation method, times of
sampling and the name(s) of the person(s) taking the samples;
ii. The dates the analyses were performed;
iii. The analytical techniques/method used; and
iv. The results of the analyses.
(10) For categorical industries, at least once during each semi-annual compliance reporting
period, self-monitoring samples shall be analyzed for all federally regulated
parameters.
(11) If self-monitoring indicates a violation, the industrial user shall notify the assistant city
manager - utilities within twenty-four (24) hours of receiving the results. The industrial
user shall also repeat the sampling and analysis and submit the results of the repeat
analysis within thirty (30) days after becoming aware of the violation. For industrial
users required to self-monitor each month, the next month's self-monitoring may be
used as the repeat sampling so long as the sample is analyzed for the violating
parameter and the thirty-day submission deadline is observed.
(12) All compliance reports, self-monitoring sampling reports and applications for
industrial/commercial wastewater discharge permits must be signed by an authorized
official of the industrial user in accordance with 40 CFR Part 403.12(1). The authorized
official may designate a representative, in writing, to the assistant city manager -
utilities. The authorization must specify either an individual or a position having
responsibility for the overall operation of the facility from which the industrial
discharge originates, or having overall responsibility for environmental matters for the
industrial user. If the authorization becomes invalid because of changes in
responsibilities or personnel, a new written authorization must be submitted to the
assistant city manager - utilities prior to or along with any report being signed and
submitted by the new representative.
(13) All compliance reports, self-monitoring sampling reports and applications for
industrial/commercial wastewater discharge permits must include the statement:
"I certify under penalty of law that this document and all attachments were prepared
under my direction or supervised in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the
best of my knowledge and belief, true, accurate and complete. I am aware that there
are significant penalties for submitting false information including the possibility of
fine and imprisonment."
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(14) All industrial users shall notify the POTW immediately of all discharges that could
cause problems to the POTW, including any slug loadings by the industrial user.
(15) An industrial user shall notify the assistant city manager - utilities, the EPA regional
waste management division director, and the state hazardous waste authorities, in
writing, of any discharge into the POTW of a substance, which, if otherwise disposed
of, would be a hazardous waste under 40 CFR Part 261, in accordance with 40 CFR
403.12 (p)
(16) Each user must notify the Assistant City Manager - Utilities of any planned changes to
the user's operations or system which might alter the nature, quality, or volume of its
wastewater at least 90 (ninety) days before the change.
The Assistant City Manager - Utilities may require the user to submit such
information as may be deemed necessary to evaluate the changed
condition, including the submission of a wastewater discharge permit
application.
ii. The Assistant City Manager - Utilities may issue an industrial/commercial
wastewater discharge permit or modify an existing permit in response to
changed conditions or anticipated changed conditions.
iii. For purposes of this requirement, significant changes include, but are not
limited to, flow increases of 20% or greater, the discharge of any previously
unreported pollutants, changes or additions in process(es) which generate
wastewater, or changes to pretreatment facilities.
(17) The reports and other documents required to be submitted or maintained under this
section shall be subject to:
i. The provisions of 18 U.S.C. Section 1001 relating to fraud and false
statements;
ii. The provisions of Sections 309(c)(4) of the Act, as amended, governing false
statements, representation, or certification;
iii. The provisions of Section 309(c)(6) of the Act regarding responsible
corporate offices; and
iv. The applicable provisions of this ordinance.
Sec. 26-203. Same--Suspension or revocation.
(a) Permit not a vested right. A permit issued under this article does not become a vested right
in the person holding the permit.
(b) Grounds for suspension or revocation. A permit issued under this article may be revoked or
suspended upon any of the following grounds:
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(1) The permittee has or is violating one (1) or more provisions of this article;
(2) The permittee has failed or is failing to comply with one (1) or more conditions of
a permit;
(3) There is a change in conditions which requires elimination or modification of the
discharge covered by a permit;
(4) Revocation or suspension is necessary in order to prevent harm or damage to the
wastewater system or treatment process or is necessary to protect the health or
welfare of persons, animals or property;
(5) The permit was obtained by misrepresentation or failure to disclose all relevant
facts.
(c) Procedure for suspension or revocation. The assistant city manager - utilities may issue an
order suspending or revoking a permit issued under this article upon the grounds specified
in this article. Such order shall state the grounds therefore and shall be served upon the
permittee in person or by certified or registered mail. Such order of suspension or
revocation shall become effective after five (5) days from the date of service, unless the
permittee within such five-day period files an appeal and filing fee in accordance with
section 26-155 of this article.
(d) Procedure for appeals from order of revocation or suspension. Appeals from the order of the
assistant city manager - utilities suspending or revoking a permit shall be processed and
heard in accordance with procedures for other appeals as set forth in section 26-155.
Sec. 26-204. Same--Effect of suspension or revocation.
Any permittee who receives an order from the assistant city manager - utilities revoking or
suspending a permit required under this article shall discontinue any discharge covered by the permit
after five (5) days from notice of such order, unless within such five-day period the permittee appeals
such order to the environmental appeals committee. Any permittee who has been notified by the
assistant city manager - utilities of a suspension or revocation of a permit and does not appeal such
order or any permittee who has been notified of the order of the committee, after a hearing, of the
revocation or suspension of a permit and who continues a discharge covered by a permit after the
effective date of the revocation or suspension of the permit may have sewer service terminated by the
assistant city manager - utilities.
Sec. 26-205. Same--Reinstatement of suspended or revoked permit.
(a) The assistant city manager - utilities shall reinstate a suspended industrial/commercial
wastewater discharge permit upon satisfactory proof to the assistant city manager - utilities
of corrective action of the permittee of the conditions or discharge for which the permit was
suspended.
(b) A user whose industrial/commercial wastewater discharge permit has been revoked must,
apply for a new permit and comply with all provisions and conditions required as though a
permit had not been issued for such user.
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Sec. 26-206. Pretreatment of industrial wastewater.
Significant industrial users shall provide necessary wastewater treatment as required to comply
with this article and the categorical pretreatment regulations. All wastewater treatment and treatment
systems shall be provided, operated and maintained at the user's expense. Detailed plans showing the
pretreatment facilities and operating procedures shall be submitted to the assistant city manager -
utilities for review before construction of such facilities. The review of such plans and operating
procedures will in no way relieve the user from the responsibility of modifying the facility as necessary
to produce an effluent acceptable to the assistant city manager - utilities under the provisions of this
article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported
to and be acceptable to the city prior to the user's initiation of the changes. All records relating to
compliance with the categorical pretreatment standards shall be made available to officials of the
Environmental Protection agency or city upon request.
Sec. 26-207. Control manhole.
As a prerequisite to receiving an industrial/commercial wastewater discharge permit, the
assistant city manager - utilities may, when necessary to monitor wastewater discharged into the
wastewater system, require a significant industrial user to install a suitable control manhole together
with such meters, equipment and appurtenances as deemed necessary by the assistant city manager-
utilities in order to adequately sample and measure such wastewater. All required control manholes
shall be located so as to permit unrestricted access by the assistant city manager- utilities.
Sec. 26-208. Industrial/commercial wastewater surcharge.
If abnormal strength wastewater is acceptable for discharge into the wastewater system under
the provisions set forth in the industrial/commercial wastewater discharge permit, an
industrial/commercial wastewater surcharge shall be added to the base charge to cover the additional
cost of treating abnormal strength wastewater. Such surcharge shall be calculated as follows:
Cu = Vu [(Bu - 250) B + (Su - 250) S))
Where:
Cu is the surcharge for user X.
Vu is the billing volume for user X.
Bu is the tested BOD level for user X or two hundred fifty (250) mg/1, whichever is
greater.
B is the unit cost factor for treating one (1) unit- of BOD per one thousand (1,000)
gallons.
Su is the tested SS level for user X or two hundred fifty (250) mg/I, whichever is greater.
S is the unit cost factor for treating one (1) unit of SS per one thousand (1,000) gallons.
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Sec. 25-209. Code of Federal Regulations (CFR) as amended.
The terms and provisions set forth in this chapter referencing and/or incorporating provisions
contained in the Code of Federal Regulations (CFR) are intended to adopt such sections to the CFR as
they exist at the time of passage of this ordinance and as the CFR may be subsequently amended.
SECTION 2. It is hereby declared to be the intention of the City Council of the City of Denton,
Texas, that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable. If
any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of
the City of Denton, Texas hereby declares it would have enacted such remaining portion despite any
such invalidity.
SECTION 3. That any person who shall violate any provision of this ordinance, or fails to comply
therewith or with any requirements thereof, or a permit or certificate issued thereunder, shall be guilty
of a misdemeanor punishable by a daily fine not to exceed two thousand dollars ($2,000) per day and
subject to a daily civil penalty not to exceed the sum of five thousand dollars $5,000) per day. Each such
person shall be deemed guilty of a separate offense for each and every day or portion thereof during
which any violation of this ordinance is committed, or continued, and upon conviction or adjudication of
any such violations such person shall be punished within the limits above.
SECTION 4. This ordinance shall become effective fourteen (14) days from the date of its
passage. The City Secretary is hereby directed to cause the caption of this ordinance to be published
twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage.
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Page 35 of 35
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DRAFT MINUTES
PUBLIC UTILITIES BOARD
June 13, 2011
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
then present, the Chair of the Public Utilities Board convened into an open meeting on Monday,
June 13, 2011 at 9:47 a.m. in the Service Center Training Room, City of Denton Service Center,
901-A Texas Street, Denton, Texas.
Present: Chair Dick Smith, Barbara Russell, Bill Grubbs (arrived at 9:45), and John Baines
Absent: Vice Chair Bill Cheek, Phil Gallivan, and Randy Robinson
Ex Officio Member:
George Campbell, City Manager
Howard Martin, ACM Utilities
OPEN MEETING:
ITEMS FOR INDIVIDUAL CONSIDERATION:
4) Receive a report and hold a discussion and recommend approval of required ordinance
modifications to the Wastewater Industrial Pretreatment Program.
David Hunter, Manager of Watershed Protection and Industrial Pretreatment, made this
presentation. Hunter started out with an overview of the pretreatment program. It was created
by the Clean Water Act, promulgated by the EPA in Section 40 Code of Federal Regulations
(CFR) Part 403. It is incorporated as a requirement of the Pecan Creek Water Reclamation
Plant's TPDES Permit. The program officially started in 1993 with a modification in 2000 and
some language in 2006. Right now we are going through another modification that staff is
asking for approval with this item.
Hunter stated that the main objectives are:
• Prevent the introduction of pollutants into a POTW that will interfere with the operation of
the POTW, including interference with its use or disposal of municipal sludge.
• Prevent the introduction of pollutants into a POTW that will pass through the treatment
works or otherwise be incompatible with such works.
• Improve opportunities to recycle and reclaim municipal and industrial wastewaters and
sludges.
Hunter stated that the elements primarily administrative are:
• Ordinance - Required to enforce and obtain remedies for IU noncompliance with applicable
pretreatment standards
• Permits - Control the contribution to the POTW by each IU
• Inspection and Sampling - To determine independently that the N is meeting all applicable
pretreatment standards
Draft Minutes of the Public Utilities Board Meeting
May 23, 2011
Page 2 of 3
1 • Technically Based Local Limits (TBLLs) - Develop and enforce local limits to provide site-
2 specific protection for a POTW and its receiving waters.
4 Hunter stated that TCEQ required City of Denton to redevelop TBLLs in the Pecan Creels Water
5 Reclamation Plant's TPDES permit issued in August 2006. On July 2, 2010 the TBLLs were
6 determined to be technically complete by TCEQ. TCEQ required the new TBLLs to be
7 incorporated into the ordinance.
8
9 Hunter then talked about the TBLLs development. Staff determines the character and volume of
10 pollutants contributed to the POTW by the existing industrial users. Staff conducts a technical
11 evaluation to determine the maximum allowable pollutant load that the plant can safely treat.
12 Staff then determines contributions from uncontrollable background sources (e.g., residential and
13 commercial). Lastly staff calculates the total amount of each pollutant that the industrial users
14 can discharge that will not cause Interference or Pass Through.
15
16 Hunter stated that some of the local limits have been proposed to change; arsenic, cadmium,
17 copper, cyanide, lead, mercury, silver and zinc. If the new limits were in place there would be
18 potential for a violation. The pretreatment program manager, Heather Goins, has been in contact
19 with our industries letting them know that the limits are changing from the State. Goins is
20 lettings them know that staff can look at their processes and see ways that we can help them
21 lower their discharges so no one is in violation.
22
23 Russell asked about the limiting factor that was on the table and Hunter explained.
24
25 Smith asked for Hunter to briefly describe how you determine that Safety Clean has a problem
26 with zinc. Hunter stated that staff has to go out as a part of their program and actually put auto
27 sampling equipment into a storm drain that discharges directly from Safety Clean from their
28 processes. That sampling is put into place for 24 hours, the samples are taken and they are given
29 to the laboratory and determine whether they are above their limit for any of the constituents.
30 Hunter stated they looked at data for the last five years. Smith then asked how often does staff
31 go out and monitor. Goins answered that federally they are required to sample a minimum of
32 one time a year; most are being monitored more than that. The sampling is done randomly.
33
34 Russell asked if this was stated mandated. Hunter answered that it was federally mandated. It
35 is required across the country primarily if your plant meets certain requirements or if your
36 community has certain demographic characteristics you will be required to have a pretreatment
37 program.
38
39 Baines asked why they are making such a drastic decrease in the limits. Hunter stated that
40 there is actually a model that they run they take all of the monitoring information and put it into a
41 model. The state looks at the processes and lets the plant know what the limits will be. It is
42 based on protection of our biosolids and our plant. A lot has to do with the fact that we increased
43 our plant from 15 MGD to 21 MGD and community growth.
44
45 Baines asked what the feedback was from the local businesses regarding any impact on
46 their conduct of business, will it impact them financially?
Draft Minutes of the Public Utilities Board Meeting
May 23, 2011
Page 3 of 3
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Hunter stated that a lot of the businesses are already changing the processes it has been ongoing
for the last decade. Goins stated that financially it will increase their cost a very insignificant
amount.
Grubbs asked about the gas well drilling and if it would impact that business. Hunter stated
that does not impact sanitary sewer at all.
Hunter went on to talk about the administrative modifications. This deals with the wording of
the ordinance. TCEQ also required updates to several narrative portions of the ordinance in
order to meet regulatory requirements; definitions have been added, enforcement procedures,
right of entry, act of God, bypass, notification of changes, and language to qualify the application
of limits based on BPJ.
Board Member Baines moved to approve item 4 with a second from Board Member
Grubbs. The motion was approved by a 4-0 vote.
Adjourned at 10:37am
AGENDA INFORMATION SHEET
AGENDA DATE: June 21, 2011
DEPARTMENT: Utilities
ACM: Howard Martin, 349-8232
SUBJECT
Consider adoption of a resolution of the City of Denton to designate the Loop 288 project west
of IH-3 5 (from IH-3 5 to IH-3 5 W) to the State Highway System; and providing an effective date.
BACKGROUND
The proposed project consists of the addition of a western portion of Loop 288 around the city of
Denton in Denton County, Texas. The proposed corridor is partially located within the corporate
boundaries of Denton and will extend from the interchange of Loop 288 at IH35 on the north
side of Denton to the intersection of FM 2449 at IH35W on the south side of Denton. The
project will connect to the existing northernmost segment of Loop 288, immediately west of
IH35, and would end at the intersection of IH35W and FM 2449. The total project length is
approximately 9.0 miles.
The proposed typical section of the initial phase of the project will consist of two 12-foot main
lanes in each direction with 10-foot shoulders. The proposed right-of-way width is 420 feet.
There are five proposed interchanges within the project limits: From north to south, the
interchanges will be at the intersections of West Loop 288 and N. Masch Branch Road, W.
University Drive (U.S. Hwy. 380), Jim Christal Road, Tom Cole Road, and John Paine Road.
Lovers Lane and FM 2449 will be re-aligned at their tie-ins to the proposed Loop 288 facility.
The Texas Department of Transportation (TxDOT) has been the primary planning entity for the
West Loop 288 project to date. In order for this project, which will eventually be a six-lane
controlled access highway, to be constricted by TxDOT the project must be part of the State
Highway System, commonly referred to as "on-system." TxDOT is governed by the five-
member Texas Transportation Commission (appointed by the governor with the advice and
consent of the Texas Senate). The Texas Transportation Commission requires that the local
jurisdictions, in this case the City of Denton and Denton County, pass resolutions supporting the
roadway and its purpose of mitigating trick traffic and congestion and increasing safety in order
for the Commission to pass a minute order to bring the new road onto the State Highway System.
OPTIONS
1. Approve the resolution supporting the extension of Loop 288 west of IH35 as an on-system
proj ect.
2. Reject the resolution.
RECOMMENDATION
Staff recommends approval of the resolution supporting the extension of Loop 288 west of IH35
as an on-system project. The approval of this resolution is an important step in the process of
having the roadway designated as part of the State Highway System so that funding for its
design, right-of-way acquisition and constriction can be programmed into the project in the
future. At the current time, the project is unfunded.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Not applicable.
FISCAL INFORMATION
Not applicable.
BID INFORMATION
Not applicable.
EXHIBITS
1. Resolution.
Respectfully submitted,
Frank G. Payne, P.E.
City Engineer
salegallour documentslresolutionsll Noop 288 & ih 35.docx
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON TO DESIGNATE THE LOOP 288 PROJECT
WEST OF IH-35 (FROM IH-35 TO IH-35W) TO THE STATE HIGHWAY SYSTEM; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, US 380 and the existing portion of East Loop 288 are at capacity with Loop
288 carrying over 25,000 vehicles daily; and
WHEREAS, due to the fact that one of the priority transportation issues for the City of
Denton at this time is the movement of traffic between IH-35 and Loop 288 on the east side of
Denton; and
WHEREAS, reducing any percentage of truck traffic from this area will increase safety;
and
WHEREAS, the construction of Loop 288 on the west is key to mitigating this situation
and relieving congestion and conflicts that currently occur in the retail areas along this roadway;
and
WHEREAS, with the Loop 288 Extension in place, trucks would have an option to use
northern Loop 288 to help east/west truck traffic and thus avoid the urbanized areas in the City
of Denton; and
WHEREAS, this facility will be designated and operate as a controlled access facility;
and
WHEREAS, establishing this connection between IH-35W and IH-35 will allow trucks to
avoid the more developed areas and congested interchanges, which will benefit both truck traffic
and local traffic; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the City of Denton supports the Loop 288 extension
west of IH-35 to be designated as on-system.
SECTION 2. The City Council of the City of Denton strongly supports and urges the
Texas Department of Transportation to act favorably in considering Loop 288 to be designated a
State Highway.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
salegaRour documentsVesolutionsll Noop 288 & ih 35.docx
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: . L
Page 2
END CONSTRUCTION
STA 522+41.00
BEGIN
CONSTf
STA 10
u.r ic.r . I[.r SU
CSJ 2250-02-013
CSJ 2250-02-014
PROJECT LOCATION
PROPOSED LOOP 288
WEST OF IH-35;FROM IH-35 TO
DENTON COUNTY
IH-35W
END CONSTRUCTION
STA 522+41.00
BEGIN
CONSTf
STA 10
u.r ic.r . I[.r SU
CSJ 2250-02-013
CSJ 2250-02-014
PROJECT LOCATION
PROPOSED LOOP 288
WEST OF IH-35;FROM IH-35 TO
DENTON COUNTY
IH-35W
AGENDA INFORMATION SHEET
AGENDA DATE: June 21, 2011
DEPARTMENT: Electric Administration
UTILITIES ACM: Howard Martin, Utilities, 349-823*'---
SUBJECT
Consider approval of a resolution re-appointing a member to the Board of Directors of Texas
Municipal Power Agency, a Joint Powers Agency representing the City of Denton, Texas; and
declaring an effective date.
BACKGROUND
Chris Watts has served as one of the two Directors appointed by the City of Denton to the Texas
Municipal Power Agency (TMPA) for the last two years. His term will expire July 18, 2011.
After careful consideration, the Council has invited Chris Watts to serve for an additional two-
year term as a Director for the City of Denton on the TMPA Board. Mr. Watts has accepted the
invitation for re-appointment. The term for which he is re-appointed will commence effective
July 18, 2011 and end on July 18, 2013. Pursuant to concurrent Ordinance No. 75-22, TMPA
requires that a resolution be passed by each member city that supports the nomination of a
Director to the TMPA Board of Directors.
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
Chris Watts was originally appointed to the TMPA Board in October 2009.
DATE SCHEDULED FOR COUNCIL APPROVAL
June 21, 2011
EXHIBITS
1. Letter from TMPA concerning Chris Watts
2. Resolution
Respectfully submitted:
Howard Martin
Assistant City Manager for Utilities
Prepared by:
Phil Williams
General Manager
Denton Municipal Electric
EXHIBIT 1
_ TF..._ CJTIES OF BRYAN,. DENTON, GARLAND & GREENVILLr.
April 1, 2011
Mr. George Campbell,. City Manager
City of Denton
21 E. McKinney
Denton, TX 76201
FEE: TMPA Board' Member Appointment
Dear Mr. Campbell:
Our records indicate that Chris Watts' terra as a Member of the Board of Directors of the Texas
Municipal Power Agency expires on July 18, 2011.
After the City Council reaches a decision on this matter, please send rule a certified resolution or
certified meeting minutes specifying the person selected to represent your City on the TMPA
Board of Directors,
Your cooperation is appreciated.
Sincerely,
Linda S. Hughey ~
Administrative Assistant
TMPA Board of Directors
Cc: Bill Cheek
Chris Watts
Phil Williams
TERMLTR
TEXAS MUN1['. IIIAR POWER AGENCY 1°3.M IBOX 7000 BRYAN, TEXAS 778 ? °7LJOU (98.6) 873°20 1 3
EXHIBIT 2
RESOLUTION NO. 2011-
A RESOLUTION RE-APPOINTING A MEMBER TO THE BOARD OF DIRECTORS OF
THE TEXAS MUNICIPAL POWER AGENCY, A JOINT POWERS AGENCY,
REPRESENTING THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the term of office of Chris Watts, City Council Member of the City of
Denton, Texas as a member of the Board of Directors of the Texas Municipal Power Agency will
expire on July 18, 2011; and
WHEREAS, the City Council of the City of Denton after due consideration has selected
Chris Watts, a Member of the Denton City Council of the City of Denton, for re-appointment for
another two-year term to the Texas Municipal Power Agency Board of Directors, both positions
he has held with distinction; and
WHEREAS, effective on July 18, 2011, the City Council hereby re-appoints Chris Watts
as a member of the Texas Municipal Power Agency Board of Directors; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. Pursuant to the terms and provisions of concurrent Ordinance No. 75-22 of
the City of Denton, Texas, Chris Watts is hereby appointed to an additional two-year term of office
as a Director representing Denton on the Board of Directors of the Texas Municipal Power Agency,
his term of office beginning on July 18, 2011 and ending on July 18, 2013.
SECTION 2. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 12011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
CITY OF DENTON CITY COUNCIL MINUTES
May 17, 2011
After determining that a quorum was present, the City Council convened in a Work Session on
Tuesday, May 17, 2011 at 3:00 p.m. in the Council Work Session Room at City Hall.
PRESENT: Council Member King, Council Member Watts, Council Member Heggins,
Council Member Gregory, Council Member Engelbrecht, Mayor Pro Tem Kamp,
Mayor Burroughs
ABSENT: None
1. Citizen Comments on Consent Agenda Items
Kristin Kromer, representing Scott Nursery, spoke on Consent Agenda Item 3C. She felt there
were some bid discrepancies regarding the landscaping bid. Her company had made an error on
their bid document and wanted to inform the Council about the bid and bid documents. There
were several items with no associated cost but some shrubs and trees were not available. The
total cost calculated on the tab sheet was incorrect.
2. Requests for clarification of agenda items listed on the agenda for May 17, 2011.
Council Member Watts asked how the selection process was handled when bids were submitted
and one of the items was not bid by a vendor.
Elton Brock, Purchasing Manager, stated that when there was an invitation to bid, the bid either
met the specifications or it did not. If one item in the bid was not bid on, then the entire bid did
not meet all of the requirements.
Council Member Watts stated if part of the bid was not complete, that bid would be excluded
unless everyone did the same.
Brock replied that there was one bid for an invitation for bid and the low bid meeting
specifications was chosen. If there was a request for proposal, there was the possibility to
negotiate but in this case, they were not able to do so.
Mayor Burroughs asked if the line item could have a local preference or was Krugerville
considered local.
Brock stated that the company selected was local to Denton. A split bid for grasses, etc. could be
done if Council desired.
Mayor Burroughs stated that he would like to go local if possible and encouraged staff to always
look for an opportunity to do so when it was efficient.
Mayor Burroughs asked about Consent Agenda Item 3A, the mitigation strategy. He questioned
if the strategy being proposed had any significant changes from prior strategies.
Mike Penaluna, Emergency Coordinator, stated that the strategies related to the Disaster
Mitigation Act of 2000. That Act stated that there were to be separate city plans but not all cities
City of Denton City Council Minutes
May 17, 2011
Page 2
had plans. The North Central Texas Council of Governments assisted in preparing a plan for the
entire County to adopt.
Council Member Heggins asked about Consent Agenda Item 3B and the associated funding.
Barbara Ross, Community Development Administrator, stated that the amount had not changed
since the initial allocation. This item would no longer require a lien on the property by the City.
Council Member Gregory noted that on Consent Agenda items it would be helpful to state what
type of funding was being used rather than account numbers. He asked what Item F would do
for the neighborhoods.
Frank Payne, City Engineer, stated that the funding source for those items was Denton County.
The project would help relieve flooding downstream from the site.
Council Member Gregory asked for the number of homes that would be taken out of the flood
plain.
Payne stated that he would find that information out for Council.
Mayor Burroughs asked if Consent Agenda Item 3E was a renewal of an existing contract or a
new contract.
Brock stated that it was a new agreement. The TIPS program allowed them to get different
contractors for playground equipment that they could not get through Buy Board. This was a
one-time purchase.
Mayor Burroughs stated that there was no period of review for this contract. He was concerned
that depending on who was purchasing equipment, they might not know to look at local
preference as opposed to using the interlocal agreements. He suggested working through this at
the end of some set time period to look at the volume of purchases on Buy Board and other
interlocal agreements to determine whether it was more beneficial than local purchases.
Bryan Langley, Chief Financial Officer, stated that staff could look at the procurement policy
and make sure it clarified how the agreements would be used and how to buy Denton.
Council Member Engelbrecht asked about Consent Agenda Item 3G and how long events could
have a permit.
Emerson Vorel, Director of Parks and Recreation, showed where the revival would be located.
The noise would be projected to the east. The sound level requested was 100 db until 10:30 for 6
days. Staff was recommending a maximum of 75 decibels based on several other similar events.
Council Member Engelbrecht asked if a record had been made of the number of complaints for
similar events.
Vorel stated that he had not but the Police Department might have such a record.
City of Denton City Council Minutes
May 17, 2011
Page 3
Mark Cunningham stated that the request was considered a special event and was allowed on the
site.
Council Member Engelbrecht asked about parking for the event.
Cunningham stated that this was a special event and was not intended for extended period of
time.
Council Member Engelbrecht asked for a report on the policy for special events in terms of
police services, EMT service, traffic control, etc.
3. Receive a report, hold a discussion and give staff direction regarding an ordinance
adopting the Denton County, Texas Local Mitigation Strategy for Natural Hazards, of
which Denton County Unincorporated and the cities of Corinth, Denton, Lewisville, and
The Colony are parties.
Mike Penaluna, Emergency Coordinator, stated that this was a Denton County local mitigation
strategy. The plan was developed with assistance from the North Central Texas Council of
Governments. The plan was a document to help reduce the impacts of natural disasters in the
City. There needed to be a plan on file in order to be eligible for non-emergency assistance
federal grants. Proposed projects were contingent upon applying and receiving federal funds to
pay for the items.
4. Receive a funding recommendation report from the Community Development Advisory
Committee (CDAC) and the Human Services Advisory Committee (HSAC). Hold a
discussion regarding the proposed 2011 Action Plan for Housing and Community
Development and give staff direction.
Barbara Ross, Community Development Administrator, stated that Steve Pogue, Human
Services Advisory Committee Chair, and Gerard Hudspeth, Community Development Advisory
Committee Chair, would be presenting the recommendations of the Committees.
Steve Pogue, Chair- Human Services Advisory Committee, stated that the agencies were faced
with tough problems. The Committee reviewed requests for social services program funding and
had developed recommendations for the use of both CDBG funds and city general fund dollars.
The Committee was recommending the award of $124,943 in CDBG funding to various
programs.
Gerard Hudspeth, Chair-Community Development Advisory Committee, presented the
recommendations from the Committee. The Committee was recommending $1,099,953 in
CDBG and HOME funding to be allocated to various projects and programs. These were federal
dollars and would not come from the General Fund.
5. Receive a report, hold a discussion and give staff direction regarding a proposed
amendment to an ordinance of the City of Denton, Texas amending Section 22-32 of the
Code of Ordinances of the City of Denton relating to the possession and consumption of
alcohol in North Lakes Park and excluding North Lakes Recreation Center and the North
City of Denton City Council Minutes
May 17, 2011
Page 4
Lakes Annex building therein; providing a severability clause, a penalty clause and an
effective date.
Emerson Vorel, Director of Parks and Recreation, stated that this ordinance was not a license to
carry a cooler and alcohol to the park and it was not permission for staff to sell alcohol at city
tournaments. This was for special events and tournaments with the process the same as at
Quakertown Park. The events would be approved by the Parks Board and Council. Security
police would be required and a TABC licensed vendor would sell the product. Staff had been
working hard at upgrading the fields and facilities at North Lakes Park to make them more
attractive to tournaments. It was one way to add to the local economy for hotel rooms for
participants in the tournament events. Consideration of alcohol at adult event tournaments would
help tournament officials to choose Denton.
Council Member Watts asked if there was a policy manual regarding these procedures.
Vorel stated that he could do a memo from him to Council detailing the procedures.
Council Member Watts stated that it might be better to have the procedures memorialized in a
policy for direction.
Consensus of the Council was to proceed as outlined by staff.
6. Receive a report, hold a discussion, and give staff direction regarding the implementation
of credit and collection procedures that were approved by the City Council on November
16, 2010.
Ethan Cox, Customer Service Manager, presented a credit and collection progress update report
as requested by Council.
Credit and Collection Background - Ordinance 2010-292 was passed in response to the recent
growth of uncollectible utility debt. He reviewed the steps since 2008 that went into the process
of developing the ordinance and the bad debt history since 2004-2005.
Objectives of the new policy - the intent of the ordinance revision was to focus on fair collection
treatment of customers based on credit/payment history and service usage; encourage delinquent
customers to make payments in a timely manner; and take preventative measures to reduce future
uncollectible debt. The ordinance revisions applied to all utilities - water, wastewater, electric
and solid waste customers.
Key elements of the policy - the key elements included the introduction of credit screening and
risk assessment, deposit requirements based on credit and usage, improved deposit refund
process, increased late fee, and implemented payment arrangement policies.
Right of entry - the right of entry portion of the ordinance was a restatement of state law which
was in effect since 1909 and was unchanged by the provision made to Ordinance 2010-292. It
was part of the ordinance since 1966 and allowed inspection of utility equipment to ensure it was
safe and in working order.
City of Denton City Council Minutes
May 17, 2011
Page 5
New customer credit issuance - previously all new customers were required to pay deposits.
Deposits now were assessed on the customer's external credit score and average billing at the
location.
Council Member Watts asked about a waiver of the deposit with the new policy.
Cox stated that a customer could receive a waiver with a letter of good standing from another
utility provider or a cosigner.
New customer breakdown - Since implementation only four months ago, 55% of new customers
had deposits waived or paid the equivalent of one month of service. Trending indicated that 60%
of new customers would be rated as "Good" or "Fair".
Council Member Watts stated that a better indicator than the use of nomenclature of titles based
on credit scores would be a letter from a previous utility company with the number of late pays
and disconnects as scores might reflect other factors.
Council Member Watts asked if new customers could pay out the deposit.
Cox replied yes and they had not heard negative comments from new customers as this process
was similar to what other types of utilities were doing.
Existing customer credit rating - Existing customers were ranked according to their payment
history in the utility billing system. Negative credit events added points and rolled off after one
year. Customers with a D-F rating were evaluated to ensure appropriate deposit coverage.
Existing customer breakdown - prior to implementation, 61% of customers maintained an "A"
rating. Since implementation, 79% of customers had paid on time every month while 7% had
been disconnected for non-payment or been delinquent on multiple invoices.
Deposits paid - since implementation 5,370 accounts had paid deposits totaling $867,418 with
the average number of deposits assessed increased by 45%. The average dollar amount of the
deposit had increased by 26%. New customers had paid approximately 3,034 deposits totaling
$457,639 with an average deposit amount of $150.84. Existing customers had paid
approximately 2,336 deposits totaling $409.779 with an average deposit amount of $175.41.
Deposit analysis by account type - Since implementation, residential deposits had increased in
quantity by 44% while commercial deposits had increased by 54%.
Mayor Burroughs suggested considering the pros and cons moving "B" to 151 when a full
review of the ordinance was done.
Cox continued with details on the late fee increase. Prior to implementation the late fee was $10
with 15% of customers delinquent each month. Since implementation, the late fee was increased
to $20 with 11% of customers delinquent each month which resulted in a 23% reduction in
delinquent accounts.
City of Denton City Council Minutes
May 17, 2011
Page 6
Disconnects for non-payment - there had been a 3% increase in disconnects since
implementation. Non-pay disconnects were affected by payment behavior and weather patterns.
The increase in March could be attributed to the end of the winter moratorium and expedited
action for D-F ratings.
Council discussed how disconnects were handled in terms of deposits, reasons for disconnect,
and deferments.
Cox presented assistance options which included deferred payment plans and arrangements and
the PLUS One program.
Mayor Burroughs questioned if there was a need to assess a set monthly amount in order to have
enough funding when needed for the assistance programs.
Summary - early results indicated that the tiered deposit stricture was being applied based on
credit/payment history and usage, deposit refunds were performed consistently, delinquency
rates had decreased and improved assistance and payment arrangements were available for
qualifying customers. The impact on uncollectible bad debt must be evaluated over the long run.
Council Member Watts stated that the issue came back to uncollectible debt associated with
utility payments.
Mayor Burroughs suggested another item for feedback. He suggested offering more than one
billing cycle with a choice of payment due date such as either at the beginning of the month or
the middle of the month. This might be accomplished with commercial/institutional customers
easier than residential at this point and especially with smart meters.
Cox stated that staff would review these changes more as time went on with the ordinance.
Council Member Gregory suggested another report at the end of 12 months and at the end of 18
months. He suggested waiting to change credit "B" rating as there might be the possibility to
return more deposits.
City Manager Campbell stated that staff would want to wait to be sure there was no unintended
consequences with such a change. An informal report could be forwarded to Council.
The Council convened in a Closed Meeting to discuss the following:
1. Closed Meeting:
A. Certain Public Power Utilities: Competitive Matters - Under Texas Government
Code Section 551.086; Consultation with Attorneys - Under Texas Government
Code Section 551.071.
1. Receive a consultation with the City's attorneys regarding legal issues
concerning the proposed Full Requirements Wholesale Electric Power
Service Agreement between the City of Denton, Texas and NRG Power
City of Denton City Council Minutes
May 17, 2011
Page 7
Marketing, LLC; and discuss, deliberate and provide the City's attorneys
with direction and any recommendations regarding such legal matter. A
public discussion of this legal matter would conflict with the duty of the
City's Attorneys to the City Council under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas. Receive a presentation, a
status report thereon, and discuss, deliberate, consider and take action on
the proposed Full Requirements Wholesale Electric Power Service
Agreement between the City of Denton, Texas and NRG Power
Marketing, LLC regarding public power competitive and financial issues
and matters regarding the purchase of a portion of the City's electrical
energy requirements and related issues; discuss deliberate, consider and
take action on the above-referenced Agreement.
B. Consultation with Attorneys - Under Texas Government Code Section 551.071.
Consult with, and provide direction to, City's attorneys on legal issues
associated with existing and potential regulation of gas well drilling and
exploration within the Denton city limits and extraterritorial jurisdiction,
specifically including, but not limited to, the following general categories,
as they may relate to such regulations:
Legal issues and strategies associated with proposed and potential
modifications to existing local regulations, as they relate to
existing, proposed and potential gas well drilling and exploration
within the Denton city limits and extraterritorial jurisdiction, as
well as limitations imposed upon the City's regulatory authority,
with regard to such issues and strategies;
b. Legal issues and strategies associated with possible preemption of
local regulatory standards relating to gas well drilling and
exploration with the Denton city limits and extraterritorial
jurisdiction, by existing, proposed and potential Federal and State
legislation, and administrative regulations; and
Legal issues and strategies associated with the imposition,
calculation and assessment of various local permitting and
inspection fees as they relate to gas well drilling and production in
the Denton city limits and extraterritorial jurisdiction.
2. Consult with, and provide direction to, City's attorneys on legal issues
associated with previous annexations of land, specifically including, but
not limited to, legal and strategic issues associated with the modification,
negotiation and enforcement of non-annexation agreements as they relate
to building on lots within plats approved prior to the execution of non-
annexation agreements, as well as more general legal and strategic issues
relating to the annexation of such area.
City of Denton City Council Minutes
May 17, 2011
Page 8
Consult with City's attorneys regarding litigation styled TransData, Inc. v.
CenterPoint Energy Houston, LLC, et al., cause number 6:10-cv-557,
currently pending in the Us District Court, Eastern District of Texas, and
possible legal issues related thereto.
4. Consult with City's attorney's regarding legal issues associated with the
referendum petition filed with the City Secretary on December 14, 2010.
Council convened in a Regular Meeting at 6:30 p.m. in the City Council Chambers.
PLEDGE OF ALLEGIANCE
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
2. PROCLAMATIONS/PRESENTATIONS
A. Proclamations/Awards
Duck Derby Day
Mayor Burroughs presented the proclamation for Duck Derby Days.
2. Civility Awareness Month
Mayor Burroughs presented the proclamation for Civility Awareness Month.
3. CONSENT AGENDA
Mayor Burroughs noted that Item G would be pulled for separate consideration.
Council Member Gregory motioned, Council Member Heggins seconded to approve the Consent
Agenda and accompanying ordinances and resolutions with the exception of Item G. On roll call
vote, Council Member King "aye", Council Member Watts "aye", Council Member Heggins
"aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem
Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Ordinance No. 2011-078
A. Consider adoption of an ordinance adopting the Denton County, Texas Local Mitigation
Strategy for Natural Hazards, of which Denton County Unincorporated and the cities of
Corinth, Denton, Lewisville, and The Colony are parties; and providing for an effective
date.
Ordinance No. 2011-079
B. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City
Manager to execute a First Amendment to the 2010-2011 Agreement Between the City
of Denton and the Fred Moore Day Nursery School ("Original Agreement"), said
Original Agreement contemplating the provision of Community Development Block
City of Denton City Council Minutes
May 17, 2011
Page 9
Grant funds for improvements to the facility at 821 Cross Timber Street, Denton County,
Texas; and providing for an effective date.
Ordinance No. 2011-080
C. Consider adoption of an ordinance accepting competitive bids and awarding a three-year
contract for Landscaping and Sod Replacement Services for various City departments;
providing for the expenditure of funds therefor; and providing an effective date (Bid
4673-Three-Year Contract for Landscaping/Sod Replacement Services awarded to the
overall lowest responsible bidder meeting specification, Classic Landscapes, Inc. in the
annual estimated amount of $110,000).
Ordinance No. 2011-081
D. Consider adoption of an ordinance awarding the purchase of Disk Storage to replace the
Storage Area Network (SAN) as awarded by the State of Texas Department of
Information Resources (DIR) through the Go DIRect Program, Contract Number DIR-
SDD-1418; providing for the expenditure of funds therefor; and providing an effective
date (File 4713-Disk Storage Purchase awarded to INX, Inc. in the amount of
$130,618.09).
Ordinance No. 2011-082
E. Consider adoption of an ordinance authorizing the City Manager to execute an Interlocal
Cooperative Purchasing Program Agreement with the Region VIII Education Service
Center through the Interlocal Purchasing System (TIPS) Program under Section 271.102
of the Local Government Code, to authorize participation in various Region VIII
Education Service Center contracts for the purchase of various goods and services;
authorizing the expenditure of funds therefor; and declaring an effective date (File 4715-
Interlocal Agreement with Region VIII Education Center Interlocal Purchasing System).
Ordinance No. 2011-083
F. Consider adoption of an ordinance accepting competitive bids and awarding a public
works contract for the constriction of a concrete lined channel, two pilot channels, an
emergency spillway, and an outlet stricture for the Strickland Jr. High Regional
Detention Pond Drainage Improvements Project; providing for the expenditure of funds
therefor; and providing an effective date (Bid 3516-awarded to the lowest responsible
bidder meeting specification, Floyd Smith Concrete, Inc. in the amount of $212,406.45).
Approved the minutes listed below.
H. Consider approval of the minutes of:
April 4, 2011
April 5, 2011
Ordinance No. 2011-084
L Consider adoption of an ordinance of the City of Denton, Texas authorizing and
approving a second extension to the "Agreement by and between the City of Denton,
Texas and Denton 288, L.P. for the provision of sanitary sewer and water facilities"
entered into by the parties on the 5th day of June, 2007; providing the City Manager with
authority to perform said second extension and to expend funds as necessary; providing
an effective date.
City of Denton City Council Minutes
May 17, 2011
Page 10
Ordinance No. 2011-085
J. Consider adoption of an ordinance approving a "Second Amendment to Professional
Services Agreement for Architect or Engineer" by and between the City of Denton,
Texas and Malcolm Pirnie, Inc. to provide engineering services for the design of the
Lake Lewisville Water Treatment Plant Rehabilitation and Process Upgrade; authorizing
the expenditure of funds therefor; and providing an effective date (providing for an
additional $964,260 for additional services on the project-aggregating $3,703,360).
Item G was considered.
Approved the noise exception listed below.
G. Consider a request for an exception to the Noise Ordinance for the purpose of
performing live music during revival/crusade event held each night, except Wednesdays,
beginning August 25 and concluding on September 13, 2011. The amplified sound
would begin at 8:00 p.m. and conclude at 10:30 p.m. The revival will be held on the
corner of University Drive and Gay Street. The event organizers are requesting an
exception to the level of decibels from 70 to 100 decibels, an extension of hours for
amplified sound from 10:00 p.m. until 10:30 p.m., and for an exception for amplified
sound on Sundays. Due to the residential neighborhood directly north of the revival site,
staff recommends approving the exception of sound on Sundays, an extension of hours
of operation, but to limit the increase in decibels to 75 decibels.
Council Member Engelbrecht asked staff to address the issue of an additional 30 minutes of time
and additional sound decibels as the event was for 18 days over a 21 day period. He questioned
if provisions had been made for the expected attendance of 130-150 people for each of the 18
days and what was the thinking that went into the process.
Emerson Vorel, Director of Parks and Recreation, stated that there were several factors what
were considered. One was the portion of the request dealing with the 100 decibels which was
too loud in close proximity to the residential areas. Staff referred back to other revival events
similar to this one which were allowed 75 decibels so that was staffs recommended level. The
second was the requested extension of hours. The timing of the event was close to the rodeo
held at the North Texas State Fair which was not too far from this property. The rodeo went
until midnight so staff was not looking for a restriction for the time for this event.
Council Member Engelbrecht asked about the decibels allowed for the Fair.
Vorel stated that the Fair was allowed 70 decibels.
Council Member Engelbrecht asked if this event could be limited to 70 decibels. This would be
in consideration of neighborhoods caught between both the Fair and this event.
Council Member Engelbrecht stated that in consideration that the event would be held in the
same time frame as the Fair and that some of the policies regarding decibels and timing were not
clear for long events he was moving to deny the request.
Motion died for lack of a second.
City of Denton City Council Minutes
May 17, 2011
Page 11
Mayor Pro Tem Kamp asked if Council could lower the decibels and shorten the hours.
City Attorney Burgess stated that Council could make adjustment but they had to be less than
what was posted.
Council Member Gregory motioned to reduce the decibels to 70 and the ending time to 10:00
p.m.
Council Member King seconded with a friendly amendment to change the time to 10:30 p.m.
Council Member Gregory agreed with the 10:30 p.m. time frame.
Council Member Gregory motioned, Council Member King seconded to approve the request
limiting the decibels to 70 and the ending time each night to 10:30 p.m. On roll call vote,
Council Member King "aye", Council Member Watts "aye", Council Member Heggins "aye",
Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro Tem Kamp
"aye", and Mayor Burroughs "aye". Motion carried unanimously.
4. ITEMS FOR INDIVIDUAL CONSIDERATION
Resolution No. R2011-014
A. Consider approval of a resolution by the City of Denton, Texas authorizing the
City Manager to sign and submit an amendment to the previously amended 2008
Action Plan for Housing and Community Development submitted in June 2008
to the U. S. Department of Housing and Community with appropriate
certifications, as authorized and required by the Housing and Community
Development Act of 1974, as amended, and the American Recovery and
Reinvestment Act; and providing for an effective date.
Barbara Ross, Community Development Administrator, stated that the resolution would amend
the 2008 Action Plan which included the CDBG R Recovery Act Funding. After completion of
the Redwood sewer project there was approximately $60,000 remaining to be expended. Staff
reviewed the applications for 2011-12 funding and talked with Parks and Recreation staff
regarding potential projects that could be completed quickly. Staff recommended to the
Community Development Advisory Committee that the following activities be funded with the
remaining CDBG-R funds plus adding $8,000 in CDBG-R administration funds for the projects:
Fred Moore electrical work, Denton Christian Preschool playground equipment repairs; MLK
and Denia Park shade screens with any funding left over moved to the Minor Repair Program.
Council Member King motioned, Council Member Engelbrecht seconded to approve the
resolution. On roll call vote, Council Member King "aye", Council Member Watts "aye",
Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Ordinance No. 2011-086
B. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a First Amendment to an agreement with Trilliant
City of Denton City Council Minutes
May 17, 2011
Page 12
Networks, Inc. for Phases 11 and III of the Advanced Metering Infrastructure
System (AMI); providing for the expenditure of funds therefor; and providing an
effective date (RFSP 4485-First Amendment to Agreement for Advanced
Metering System Infrastructure awarded to Trilliant Networks, Inc in the
estimated amount of $2,562,991 for a total estimated contract award amount of
$9,357,607).
Phil Williams, General Manager of Denton Municipal Electric, presented examples of the old
meters currently on most homes, digital meters that transmitted the information out to the reader,
and the digital meter which had two way communications to provide information at a remote
location on whether the meter was on or to do connects/disconnects. In 2008 a pilot project was
started to test the devices to make sure they did what was expected with them. Staff was asking
for approval of Phase 2 and 3 of the project which would replace the meters in next 15 months.
Mayor Burroughs noted that when testing was done on other meters of this similar type in other
cities, there were questions about the accuracy of the meters. He asked if when the city tested
the meters here, were the homes using both types of meters to see if they were getting the same
results.
Williams stated that the old meters were completely taken out. Only the communication device
was different with the new meters, not how the meter read the usage. The new meters achieved
the criteria needed to proceed with the project.
Mayor Burroughs asked if in the long term would the pressure would be off the number of
personnel to read the meters.
Williams stated that the department would be able to handle growth without having to add staff.
The personnel would become meter technicians rather than meter readers.
Mayor Burroughs asked about the service life of the new meters.
Williams stated that technology would wear out before meter would.
Council Member King motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Ordinance No. 2011-087
C. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas providing for, authorizing, and approving the execution by the City
Manager of a Full Requirements Wholesale Electric Power Service Agreement
between the City of Denton, Texas and NRG Power Marketing, LLC., a
Delaware limited liability company; approving and authorizing the acceptance
and approval by the City Manager and City Attorney of a guaranty agreement
issued by NRG Energy, Inc., a Delaware corporation for the benefit of the City;
authorizing the acceptance and approval of a letter of credit executed by NRG
Power Marketing, LLC for the benefit of the City; approving the execution of
City of Denton City Council Minutes
May 17, 2011
Page 13
such other and further related documents, including, without limitation,
certificates, assignments, licenses, directions, instruments, instructions,
confirmations and statements by the City Manager or his designee, which are
incident or related thereto, as shall be reasonably determined by the City
attorney or her designee; confirming and ratifying that the City of Denton,
Texas, its Mayor, its City Council Members, its City Manager, and its City
Attorney or her designee shall be authorized and empowered to perform such
acts and obligations as are reasonably required to consummate this transaction;
ratifying all prior actions taken by the City Council in furtherance of the
foregoing transaction; and determining that several of said documents pertain to
a "competitive electric matter" as set forth under the provisions of §§551.086
and 552.133 of the Texas Government Code, as amended; finding and
determining that Texas Government Code §252.022(a)(15) applies to said
agreement; adopting significant recitations, findings and conclusions, as are set
forth in the preamble of this ordinance; that the purchase of capacity and energy,
and other related arrangements made by the City under the terms of this Full
Requirements Wholesale Electric Power Service Agreement are in the public
welfare; authorizing the expenditure of funds therefor; providing an effective
date.
Mike Grim, Executive Manager for Power, Legislative and Regulatory Affairs, stated that his
presentation would cover the RFP preparation, selection process, benefits and recommendation.
In preparation for bid process, staff determined goals for DME that would include a cost
effective energy supply, price stability with low risk, coverage for Gibbons Creek, portfolio
diversity and reliability. Staff began developing the request for proposal in June of 2010 and
issued the request for proposal on October 13, 2010. The selection process had twelve
respondents and the top four bidders were invited to present refreshed offers. Staff then asked
for a best and final offer from the two top respondents offering the best value to the City. The
Public Utilities Board had unanimously approved the proposed contract. The benefits to the City
included (1) significant savings, (2) Gibbons Creek coverage for planned and unplanned outages,
(3) financial assurance, and (4) ability to secure time-of-use rates and economic development
rates. Staff was requesting that Council approve the ordinance authorizing the agreement.
Mayor Pro Tem Kamp asked about planned and unplanned outages and what that meant to
citizens.
Grim stated that if the plant went down, the City might have to buy off the market. This
agreement would protect the City from any kind of price spike. Unplanned outages resulted in
real time prices which the agreement would also protect against.
City Attorney Burgess stated that Council had deemed the contract to be a competitive matter
and as such, the contract would remain closed. The ordinance would be open and subject to
disclosure but not the contract.
Council Member Watts motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
City of Denton City Council Minutes
May 17, 2011
Page 14
5. PUBLIC HEARINGS
A. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas creating a new Division 3 to Chapter 26, Article III of the Denton
Code of Ordinances regulating the use and interconnection of Wind Energy
Conservation Systems (WECS) and amending Subchapter 35.5 of the Denton
Development Code regarding use restrictions for both Free-standing Monopole
Support Stricture and Building-mounted WECS. The Public Utilities Board
recommends approval of the Chapter 26 elements of the ordinance (4-0). The
Planning and Zoning Commission recommends approval of the proposed
amendments to Subchapter 35.5 of the Denton Development Code (7-0).
(DCA10-0010, Wind Energy Conservation Systems)
Ken Banks, Director of Environmental Services and Sustainability, presented the background
information on the proposal. Key components included (1) zoning limitations; (2) interconnect
requirements with DME; (3) proper permit and pay of appropriate fees; (4) location and setback
requirements; (5) sound pressure level requirements; (6) lighting restrictions/FAA compliance;
(7) aesthetics, including color, signage, blade glint/flicker and design; (8) safety issues; (9)
environmentally sensitive area regulations; (10) maintenance requirements; and (11) removal
requirements/abandonment provisions. He reviewed other cities that had ordinances and/or
otherwise allowed WECS. The Public Utilities Board had recommended approval of Chapter 26
elements and the Planning and Zoning Commission had recommended approval to Subchapter
35.5. The Council had held a prior work session on the proposal on May 3rd. Staff
recommended approval of the ordinance.
The Mayor opened public hearing.
No one spoke during the public hearing.
The Mayor closed public hearing.
Henry Kelton requested to speak regarding the item.
Council Member Gregory motioned, Council Member Engelbrecht seconded to reopen the public
hearing. On roll call vote, Council Member King "aye", Council Member Watts "aye", Council
Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye",
Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Mr. Kelton spoke against the portion of the ordinance which would limit the color of the devices.
The Mayor closed the public hearing.
Mayor Pro Tem Kamp asked staff to address the color issue.
Banks stated that the colors chosen dealt with aesthetics to provide a minimal amount of visual
problems. The ordinance provided for a consistent type of color to keep the devices the same
and not cause a visual problem.
City of Denton City Council Minutes
May 17, 2011
Page 15
Mayor Burroughs asked if there was a variance provision in the ordinance.
Banks stated that there was only a specified standard.
Jerry Drake, Deputy City Attorney, stated that if it were a zoning issue, it could go to the Zoning
Board of Adjustment for a variance. However, it was highly unlikely that a color choice would
make the land not have a reasonable use.
Mayor Burroughs suggested a provision indicating that the color could be consistent with the
property in question. A building might have color orientation that would compliment it.
Banks stated that might open a discussion on what "consistent" meant and result in a wide
variety of different colors. The intent was to have a standardization of devices.
Council Member Watts stated that right now a house could be painted any color the owner
wanted and he understood trying to make the devices blend in but personally felt it could be less
restrictive.
Council Member King felt there should be the ability to have a variety of color. He was more
concerned about having individuals participate in the program rather than restriction of color.
Council Member Gregory stated that he was not bothered by color but that the paint might be
restricted to a flat color so as to not have flicker or glint.
Council Member Engelbrecht stated that these devices were not at this time a standard item and
would attract the eye. He was not sure that it would be good to call attention to them. He also
thought companies might brand through color.
Mayor Burroughs offered the wording of "any solid flat color consistent with the property" for
Council consideration.
Council Member Heggins stated that she did not have a problem with color scheme presented.
Mayor Burroughs asked if a homeowner were unreasonably denied a reasonable color, would he
appeal to the Planning and Zoning Commission or some other board.
City Attorney Burgess stated that it could be written to appeal to the City Manager.
Mayor Pro Tem Kamp suggested including wording in the ordinance for an appeal process.
City Attorney Burgess stated that the wording could be changed to "a single color consistent
with the homeowner's property" or included wording for an appeal process to the City Manager.
Council Member Heggins motioned, Council Member Engelbrecht seconded to adopt the
ordinance as presented. On roll call vote, Council Member King "aye", Council Member Watts
"aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member
Engelbrecht "aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried
unanimously.
City of Denton City Council Minutes
May 17, 2011
Page 16
Ordinance No. 2011-089
B. Hold a public hearing and consider adoption of an ordinance of the City of
Denton, Texas, amending Subchapters 13, 20 and 23 of the Denton
Development Code to provide an exception for the installation of sidewalks
associated with estate lot subdivisions, with conditions and to provide a
definition for estate lots; providing for a penalty in the maximum amount of
$2,000.00 for violations thereof, severability and an effective date. (DCA10-
0008) The Planning and Zoning Commission recommends approval (7-0).
Mark Cunningham, Director of Planning and Development, stated that on April 5, 2011, staff
had presented the amendments to Council. At that time, Council directed staff to reconsider not
allowing a variance from the minimum one acre lot area requirement and review the '/2 mile
distance requirement associated with a public elementary and secondary school. Council also
directed staff to review the potential of adding additional street pavement to the rural/suburban
street cross section to allow pedestrians and bicyclists to utilize the street along-side vehicles.
Cunningham stated that the provision regarding the '/2 mile distance from the school had been
deleted from the proposal as well as the provision regarding not allowing for a variance.
However, the minimum lot area of one acre and the restriction that none of the lots could have
access from a street that served more than 200 total vehicle trips per day remained in the
proposal.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Mayor Pro Tem Kamp motioned, Council Member King seconded to adopt the ordinance. On
roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
6. CONCLUDING ITEMS
A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries
from the City Council or the public with specific factual information or
recitation of policy, or accept a proposal to place the matter on the agenda for an
upcoming meeting
AND
Under Section 551.0415 of the Texas Open Meetings Act, provide reports about
items of community interest regarding which no action will be taken, to include:
expressions of thanks, congratulations, or condolence; information regarding
holiday schedules; an honorary or salutary recognition of a public official, public
employee, or other citizen; a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the governing
City of Denton City Council Minutes
May 17, 2011
Page 17
body that was attended or is scheduled to be attended by a member of the
governing body or an official or employee of the municipality; or an
announcement involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
Council Member Gregory announced that May was Bike to Work Month.
Mayor Burroughs asked staff to coordinate with TWU regarding their expansion plans.
B. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
There was no continuation of Closed Meeting items.
C. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of
the Texas Open Meetings Act.
There was no official action on Closed Meeting items.
With no further business, the meeting was adjourned at 8:35 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
May 24, 2011
The City of Denton City Council convened in the Work Session Room on Tuesday, May 24,
2011 at 5:30 p.m. to attend a reception honoring City Council.
After determining that a quorum was present, the City of Denton City Council convened in a
Regular Meeting on Tuesday, May 24, 2011 at 6:30 p.m. in the Council Chambers at City Hall.
PRESENT: Council Member King, Council Member Heggins, Council Member Gregory,
Council Member Engelbrecht, Mayor Burroughs, Council Member Watts, Mayor
Pro Tem Kamp
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U. S. and
Texas flags.
Ordinance No. 2010-090
2. Consider adoption of an ordinance canvassing the returns and declaring the results of the
Regular Municipal Election to elect City Council Members to Districts 1, 2, 3, and 4 of
the City Council of the City of Denton, Texas held in the City of Denton on May 14,
2011; and providing an effective date.
Mayor Burroughs read the names of the winning candidates in District 1, Kevin Roden; District
2, Dalton Gregory, and District 4, Chris Watts. He noted that there had been a recount requested
for District 3 and the winning candidate would take office after the completion of the recount.
Council Member King motioned, Council Member Heggins seconded to adopt the ordinance.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
Mayor Burroughs presented a Certificate of Election to Council Member Roden, Council
Member Gregory and Council Member Watts.
3. Oath of Office administered to newly elected Council Members.
City Secretary Jennifer Walters administered the oath of office to Kevin Roden, District One;
Dalton Gregory, District Two; and Chris Watts, District Four.
4. Election of Mayor Pro Tempore.
Council Member Gregory motioned, Council Member King seconded to nominate Council
Member Pete Kamp for Mayor Pro Tem.
On roll call vote, Council Member King "aye", Council Member Watts "aye", Council Member
Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Pro
Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
City of Denton City Council Minutes
May 24, 2011
Page 2
5. Consider approval of Resolution of Appreciation for retiring Council Member.
Mayor Burroughs read the Resolution of Appreciation for Charlye Heggins.
Council Member King motioned, Mayor Pro Tem Kamp seconded to approve the Resolution of
Appreciation. On roll call vote, Council Member King "aye", Council Member Watts "aye",
Council Member Roden "aye", Council Member Gregory "aye", Council Member Engelbrecht
"aye", Mayor Pro Tem Kamp "aye", and Mayor Burroughs "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 7:00 p.m.
MARK A. BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
CITY OF DENTON CITY COUNCIL MINUTES
June 6, 2011
Joint Meeting of the City of Denton City Council and the Denton Independent School District
Board of Trustees on Monday, June 6, 2011 at 11:30 a.m. in the DISD Central Services Building,
1307 N. Locust St., Denton, Texas.
PRESENT: Council Member Watts, Council Member Roden, Council Member Gregory,
Council Member Engelbrecht, and Mayor Burroughs.
ABSENT: Mayor Pro Tem Kamp and Council Member King.
1. Call to order; announce quorum, introductions.
Mayor Burroughs called the Council portion of the meeting to order and announced that a
quorum was present.
2. Receive a report and hold a discussion concerning the status of the Denton County
Transportation Authority's A-train project and the proposed ribbon cutting events for the
A-train stations and Downtown Denton Transit Center.
Jim Witt, DCTA, presented the update on the A-Train project. Points of discussion included the
project components, constriction progress, vehicle procurement, A-train service launch and
opening events and the fare stricture.
3. Receive a report and hold a discussion regarding legislative activity and impact to
Denton.
City Manager Campbell presented a session overview that included the state budget impact on
the city, issues that were raised but did not pass, transportation issues, economic development,
elections, harmful initiatives that were defeated and the calling of a Special Session.
Superintendent Braswell reviewed the DISD budget process in terms of budget decisions and
cuts.
James Wilson, DISD, discussed topics that would be discussed in the Special Session including
House Bill 400 and Senate Bill 8.
4. Adjourn.
With no further business, the meeting was adjourned at 1:35 p.m.
MARK BURROUGHS
MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AGENDA INFORMATION SHEET
AGENDA DATE: June 21, 2011
DEPARTMENT: Finance
ACM: Jon Fortune
SUBJECT
Consider approval of a resolution nominating a representative to the Board of Directors of
the Denton Central Appraisal District; and declaring an effective date.
BACKGROUND
The Denton Central Appraisal District (DCAD) Board of Directors has notified the City of a
vacancy on the Board of Directors (see attached memo). Generally, the Board of Directors
are nominated and elected by taxing jurisdictions once every other year. Attached is a list of
the current board members.
Mr. Albert Picardi has submitted his resignation and the Board is requesting nominations to
fill his vacancy for a term that expires December 31, 2011. The Chief Appraiser will deliver
the nominations to the Board of Directors, and by majority vote, one of the nominees will be
selected to fill the vacancy.
Eligibilirv Guidelines:
The selection process is set forth in Section 6.03 of the Property Tax Code. This process is
not an "election" governed by the Texas Election Code. It is an independent procedure
unique to the property tax system.
An appraisal district director must reside in the appraisal district for at least two (2) years
immediately preceding the date he or she takes office. Most residents are eligible to serve as
a director. Most residents are eligible to serve as a director. An individual that is serving on
the governing body of a city, county, or school district is eligible to serve as an appraisal
district's director. An employee of a taxing unit served by the appraisal district is not eligible
to serve as a director. However, if the employee is an elected official, he or she is eligible to
serve.
Expereylce:
In considering individuals to serve as directors, taxing units should look for expertise in such
areas as accounting, finance, management, personnel administration, contracts, computers,
real estate or taxation. Historical involvement in local government activities also indicates
that someone would make an excellent Board member.
Agenda Information Sheet
June 21, 2011
Page 2
FYeynency of eetiLg,T :
The applicable statutes require the board of directors to meet not less often than once each
calendar quarter. The DCAD Board meets more often than is required by law.
FISCAL INFORMATION
There is no fiscal impact to the City of Denton.
EXHIBITS
May 18, 2011 DCAD Memo
Current list of DCAD Board of Directors
Resolution
Respectfully submitted:
Bryan Langley
Chief Financial Officer
DENTON CENTRAL APPRAISAL DISTRICT
3911 MORSE STREET, P O Box 2816
DENTON, TEXAS 76202-2816
MEMO
DATE: May 18, 2011
TO: All Taxing Jurisdictions
FROM: Denton Central Appraisal District Board of Directors
SUBJECT: Vacancy on Board of Directors
Mr. Albert Picardi has submitted his resignation on the Denton Central Appraisal District
Board of Directors. The Board of Directors is requesting nominations for a vacancy that
will complete a term expiring 12/31/11. All nominations must be submitted to the Chief
Appraiser by resolution by July 5, 2011. The Chief Appraiser will deliver the nominations
to the Board of Directors, who will select a nominee to fill the vacancy.
PHONE: (940) 566-0904 METRO: (972) 434-2602 FAX: (940) 387-4824
2010-2011
DENTON CENTRAL APPRAISAL DISTRICT
BOARD OF DIRECTORS
Rick Woolfolk Member
115 W. College St.
Denton, Texas 76201
Lee Baker Member
616 Paisley Drive
Flower Mound, Texas 75028
Charles Stafford Chairman
1903 Williamsburg Row
Denton, Texas 76209
Michael D. Roe Member
7190 Bay Hill Dr.
Frisco, Texas 75034
Ex-Officio Member
Steve Mossman Vice-Chairman
P.O. Box 90223
Denton, Texas 76202
S:ALegal\Our Documents\Kesolutions\1l\nominate central appraisal district.doc
RESOLUTION NO.
A RESOLUTION NOMINATING A REPRESENTATIVE TO THE BOARD OF DIRECTORS
OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, a vacancy exists for the Board of Directors of the Denton Central Appraisal
District; and
WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. The City of Denton, Texas hereby nominates as a
member to the Board of Directors of the Denton Central Appraisal District for the remaining
term and expiring December, 2011.
SECTION 2. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 2011.
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
AGENDA INFORMATION SHEET
AGENDA DATE: June 21, 2011
DEPARTMENT: Parks and Recreation
ACM: Fred Greene
SUBJECT
Consider a request for an exception to the Noise Ordinance for the hours of operation for the purpose
of an event with live music on Saturday, July 9, 2011, at 1000 Myrtle Street. The exception is
requested for extension of the hours of operation for amplified sound from 10:00 p.m. to midnight.
The level of sound is to remain at the allowable 70 decibels. Staff recommends denial of the
exception to the Noise Ordinance based on the number of noise complaints received by the Denton
Police Department, in connection with this address, since March 1, 2011.
BACKGROUND
This second time event will begin Saturday, at noon and conclude at midnight at a residence located
at 1000 Myrtle Street. The event location is behind a Laundromat, on the corner of Fort Worth Drive
and Carroll Boulevard, and a convenience store on the corner of Carroll Boulevard and Eagle Drive.
Staff contacted the Denton Police Departments to inquire if any noise complaints had been received
from the music event held on May 21, 2011. The Police Department did receive complaints regarding
the noise from bands playing loud music at the May 21, 2011 event. A total of five complaints
(March 5, two on March 12, April 25, and May 21, 2011) have been received by the Police
Department regarding noise from this address.
PRIOR ACTION/REVIEW (Council, Boards or Commissions)
On May 3, 2011, City Council approved the event organizers' request for an increase in hours for
amplified sound for the event held on May 21, 2011; the level of sound was approved for 70 decibels.
RECOMMENDATION
Staff recommends denial of the extension of the hours of operation from 10:00 p.m. to midnight due
to the number of complaints regarding the level of sound from 1000 Myrtle Street.
EXHIBITS
1. Letter of Request
Respectfully submitted by:
M. 06
Emerson Vorel, Director
Parks and Recreation
Prepared By:
Janie McLeod
Community Events Coordinator
06/02/2011 '1'BU 16;50 FAI ?002/002
Date sent. 06/02/2011
Dear Janie,
Hello, I am requesting a sound ordinance permit for July SP with decibel level of 70 and the event will be
held at 1000 Myrtle St. Denton, Tx. 76201 from 12:00pm to 12:00arn. We are hosting an Art and Music
show during the daytime until midnight to support local artists in Denton who's work will be displayed
at local venues.
Thank you for your time.