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HomeMy WebLinkAboutMay 23, 2000 Agenda Aoenda No ~ - ~'~/7~,,, AGENDA ~-' Agenda Item I CITY OF DENTON CITY COUNCIL 0ate May 23, 2000 - After determining that a quorum is present and convemng in an Open Meeting, the City Council of the City of Demon, Texas will convene in a Closed Meeting on Tuesday, May 23, 2000 at 5 15 p m m the City of Denton Council Work Session Room, Demon City Hall, at 215 East McKtnney, Denton, Texas to consider spemfic items when these items are hsted below under the Closed Meeting section of this agenda When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5 15 p m land will convene at the time listed below for its regular or specml called meeting The City Cotmcfl reserves the right to adjourn ~mo a Closed Meeting on any ~tem on its Open Meeting agenda consistent w~th Chapter 551 of the Texas Government Code, as amended, as set forth below 1 Closed Meeting [**Before the Denton City Council may dehberate, vote, or take final action on each of the agenda ~tems posted as a competmve matter in a Closed Meeting under the prows~ons of TEX GOV'T CODE Section 551 086(c), the C,ty Council must first make a good froth determination, by majority vote of its members, that the particular agenda ~tem ~s a competitive matter that satisfies the reqmrements of Section 551 086(b)(3) The vote shall be taken dunng the Closed Meeting and shall be included m the certified agenda of the Closed Meeting If the C~ty Council fails to determine by a majority vote that the particular agenda ~tem satmfies the reqmrements of Section 551 086(b)(3), the Ctty Council may not dehberate or take any further action on that agenda ~tem ~n the Closed Meeting ] A Dehberatlons Regarding Certmn Public Power Utilities Competitive Matters --- Under TEX GOV'T CODE Section 551 086 ** Deliberations Concerning Real Property --- Under TEX GOV'T CODE Section 551 072 (1) Receive information from Staff, dmcuss, dehberate, consider, and provide Staff with direction respecting the valuation of, and the possible sale, transfer, assignment, or other divestiture of real property pertmnmg to the Ctty of Demon's electric utility system, Including, w~thout hmltat~on the G~bbons Creek generation facility located in Grimes County, Texas, the Spencer generation facflaty located on Spencer Road an Demon County, Texas, the two hydroelectric facilities located m Demon County, Texas, and other components of the City's electric generation assets B Dehberatlons Regarding Certmn Pubhc Power Utthtles Competitive Matters --- Under TEX GOV'T CODE Section 551 086 ** Consultation With Attorney --- Under TEX GOV'T CODE Section 551 071 (1) Receive information fi-om Staff respecting competmve electric certification and regulatory ~ssues in pending proceedings, and issues relating to Denton Munimpal Electric ("DME') regulatory strategy, discuss, deliberate, consider, and provide Staff with direction on such issues Conduct a consultation with the C~ty's attorneys m order to obtain the adwce and recommendations of the City's attorneys concerning the above-referenced issues, where to discuss such issues and matters tn a pubhe meeting would conflict with the attorneys' duties and professional ! City of D~nton City Council Agenda May 23, 2000 Page 2 responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct C Dehberatlons Regardtng Real Property - Under TEX GOV'T CODE Section 551 072 (1) Consider real property acqmslt~on ~ncluding real property value for U S Highway 77 (North Elm Street) from U S Highway 380 (University Drive) northward to Interstate H~ghway 35, in the Ctty of Denton, Texas ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH THE PROVISIONS OF SECTION 551 086 OF THE TEXAS GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX GOV'T CODE, SECTIONS 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 SECTIONS 551 071-551 086 OF THE TEXAS OPEN MEETINGS ACT Work Session of the City of Denton City Council on May 23, 2000 at 6 00 p m in the Work Session Room at City Hall, 215 E McK~nney Street, Denton, Texas at which the following ~tems will be considered NOTE A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose of giving staff direction into whether or not such matters should be placed on a future regular or spemal meeting of the Council for citizen ~nput, City Council deliberation and formal City action At a Work Session, the City Council generally receives ~nformal and preliminary reports and information from City staff, officmls, members of City committees, and the ~ndiwdual or organization proposing councd action, if ~nwted by City Councd or City Manager to participate in the session Participation by individuals and members of organtzatlons invited to speak ceases when the Mayor announces the sesmon is being closed to public ~nput Although Work Sessions are public meettngs, and citizens have a legal right to attend, they are not pubhc heartngs, so citizens are not allowed to participate in the session unless lnmted to do so by the Mayor Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored Should the Council direct the matter be placed on a regular meeting agenda, the staff wall generally prepare a final report defining the proposed action, which wdl be made avmlable to all mtlzens prior to the regular meeting at which citizen input is sought The purpose of th~s procedure is to allow citizens attendang the regular meeting the opportumty to hear the views of their fellow c~t~zens without having to attend two meetings 1 Receive a presentation from Dlversffied Utility Consultants, Inc regarding Electric Utility Rate Design ! City of D~nton City Council Agenda May 23, 2000 Page 3 2 Receive a report, hold a discussion, and give staff direction regarding the third in a series of reports prepared In response to the Teasley Lane Corridor Traffic Study (The first two Council discussions held regarding this topic took place on February 8, 2000 and April 11, 2000 ) 3 Receive a report, hold a discussion, and give staff direction regarding the proposed "Arena Site" located west of Sherman Dr approximately 3,600' north of Loop 288 4 Receive a report, hold a discussion, and give staff direction regarding the proposed preparation and enactment of a Site Design Standards and Environmental Standards Overlay Ordinance 5 Receive a report, hold a discussion, and give staff direction regarding proposed development of mineral rights located on the Denton Munlmpal Airport 6 Receive a report, hold a discussion, and give staff direction concerning the placement of a 200-foot buoy protection barrier for the City of Denton's raw water intake located on Lake Lew~svflle 7 Consider appointments to City Council committees 8 Receive a report, hold a discussion, and give staff direction regarding a paperless agenda 9 Receive a report and hold a discussion on the relocation of the County Line Road Bridge to Fred Moore Park 10 Receive a report, hold a discussion, and give staff' direction concerning a sales tax exemption sought by the Robson Development that would exempt state tax on all tangible property used to construct the Robson wastewater treatment plant Follovang the completion of the Work Session, the Council will convene into a Special Called Session to consider the following 1 Hold the second of two pubhc hearings to consider the proposed involuntary annexation of approximately 250 acres generally located west of Sherman Dr approximately 3,600' north of Loop 288 in the extraterritorial jurisdiction of the City of Denton, Texas The zomng at the time of the annexation will be Agricultural (A) (A-99, Sherman Road Arena Site) 2 Consider a motion to authorize the holding of a City Council meeting outside of City Hall City of D~nton C~ty Council Agenda May 23, 2000 Page 4 CERTIFICATE I certify that the above not~ce of meeting was posted on the bulletin board at the C~ty Hall of the City of Denton, Texas, on the .day of ., 2000 at o'clock (am ) (pm) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS 1N 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 INFO~ATION SHEET AGENDA DATE May 23, 2000 DEPARTMENT Electro Utility How~d M~m, 349-8232~ ACM SUBJECT Receive a presentation from D~versffied Utility Consulters, Inc mg~d~ng Electric Utlhty Rate Design BACKGROUND Th~s ~s ~e second m a series of sever~ educat~on~ progr~s designed to promde the C~ty Co~cfl ~th a be~er ~derst~d~ng of ~e concepts ~d ~ssues related to rate design Th~s presentation will provide the Co~ml w~ the necess~y tools to evaluate ~d m~e dec,stuns reg~dmg elec~c rates in a deregulated m~ket OPTIONS. None ~CO~MENDATIONS None Respectfully submitted Sh~on Mays, D~re~o~ Elecmc Utility RATE DESIGN FOR AN INDUSTRY PREPARING FOR DEREGULATION Historically, electric service was provided to customers in Texas by vertically integrated electric utility companies regulated by Texas cities and the Public Utility Commission of Texas ("PUCT" or "Commission") In 1999, the Legislature of the State of Texas identified a public interest in restructuring the State's electric industry into a competitive electrical market and enacted changes to the Texas Utilities Code to effectuate these changes As a result, beginning January 1, 2002, each investor-owned utility in Texas will be separated or "unbundled" into at least three companies The companies Include a regulated transmission and d~str~butlon utlllty, an unregulated power generation company, and an unregulated Retail Electric Provider (REP) Municipal utilities are also impacted by the deregulatIon statute regardless as to whether that municipal utility elects to opt-in to the competitive arena Competition in Texas will impact growth in service areas, economic development, and attracting or maintaining high load factor load Preparing for Deregulation To prepare for deregulation three key issues need to be examined First, identifying the services that will be sold in the market Second, identifying how the potential competitors are pricing such services in the market place Third, identifying the market place of consumers Based on Senate Bill 7, the bundled electric service w~ll now be provided on an unbundled basis Thus, a municipal utility preparing for deregulation should consider the competitive implications of unbundllng A utility whether municipal, cooperative, or investor-owned can sell and market services on an unbundled basks Such unbundllng typically ~ncludes charges for distribution, transmission, generation, and customer related services Customer related services can be unbundled or rolled into the distribution service charge The net result of providing unbundled services is to present the consumer with a wires company or service (transmission and distribution) that provides for the power delivery from the source of power to the customer location The generation company or service provides the customer a marketplace to purchase energy requirements These transmission, distribution, and generation services are the basic services customers need to satisfy energy demands and requirements Further, unbundllng into customer billing, meter service, and firm or unflrm power options from the generating source can be employed to enhance competItIve advantage and customer choice On or about March 31, 2000 investor-owned utilities ~n Texas filed proposed unbundl~ng and pricing tariffs with the PUCT to be effective on January 1, 2002 Included in Attachment 1 are tariffs for unbundled services for three utility providers an Texas Each utalaty proposes to unbundle and price services in a different manner For example, Central Power & L~ght Company proposes to bill customers on a Kw demand bas~s rather than the h~stor~cal Kwh basas Further, CP&L unbundles and charges separately for metering, customer, and use of the distribution system Entergy Gulf States unbundles dastr~butlon charges by primary and secondary service (See Attachment 2) Thus, class of customer (res~dentlal versus commercial) as no longer relevant for billing, rather voltage level determines price ~n th~s unbundllng scenario Rellant Energy-HL&P unbundles in a more traditional manner an that customer class and b~lllng methods are preserved for the varlous categories of service Included in Attachment 3 are examples of HL&P's proposed tariffs Thus, any rate design must recognize competitor service offering and prlclng methods Attachment I shows three different approaches in dealing wlth unbundled electric service The third key issue is the ~dentlflcatlon of the customer base for whom unbundled services will be provided It is important that the unbundled servaces and rates meet customer needs For example, the residential customer class ~s a rather homogenous class in terms of electrlclty purchases Consumption ~n the class will vary on home s~ze and the number of electric consuming appliances Attachment 4 ~s a typical list of appliances-and average Kwh consumption Analys~s of class load proflles and appliance saturation levels can assist in developing rate setting strategies such as blocking (~nverted or declining)or tame of day pricing strategies Such prlclng can be employed with various unbundled components to meet competitive pressures An example of an unbundled flat rate for a residential and l~ght~ng ~n Denton customer is provided an the followang table TABLE I UNBUNDLED RATES EXAMPLE Current Distribution/ Residentml Rates Transmlssmn Generation Facflmes Charge $7 70 Kwh Charge $0 0167 $0 0552 ! Schedule LS LSA 100W So&urn Vapor $4 90 $3 81 $1 09 LSB 250W Sodium Vapor $6 95 $5 40 $1 55 LSC 400W Sodmm Vapor $8 75 $6 80 $1 95 Schedule LM LMA 175W Mercury Vapor $5 65 $4 39 $1 26 LMB 250W Mercury Vapor $6 70 $5 20 $1 50 LMC 400W Mercury Vapor $8 50 $6 60 $1 90 LMD 1000W Mercury Vapor $15 45 $12 00 $3 45 Schedule LT kWh Charge (S/kWh) All kWh $0 0530 $0 0412 $0 0118 Schedule LO kwh Charge (S/kWh) LS 1 250W Sodsum Vapor $0 0530 $0 0412 $0 0118 LS2 400W Sodxum Vapor $0 0530 $0 0412 $0 0118 LMI 400W Sodmm Vapor $0 0530 $0 0412 $0 0118 LM2 400W Sodium Vapor $0 0530 $0 0412 $0 0118 In conclusion, rate design mn preparatxon for a competxt~ve market requires development of services that will be sold, knowledge of competitors servmce and prmcxng optxons, and awareness of customer needs 5 ATTACHMENT 1 CENTRAL POWER & LIGHT COMPANY 00[)01 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Section 3 Sheet I Page I of l Secnon Title Rate Schedules and Raders for Dismbuuon Service Revlmon Original Effective Date January l, 2002 Secondary Re$identml Servtce Tins schedule Is avmlable for electric connection to a residential Dwelling Umt (individually metered private dwellings, individually metered Apartments, private rooming houses or duplexes served through one Meter) mdiv~dual Meter mstallatlons to non-residential service, This schedule IS not flvallable for mcluchng but not hrmted to water wells, electric gates, barns, garages, boat docks, swimming pools and individual hotel or motel rooms Company will supply single-phase service at a standard secondary voltage of 120/240 at a single delivery point Three-phase service may be provided to a residence with permanently lustalled motor loads (in the residence and in regular use) wluch qualify according to Section 4 4 9 of the Service Rules and Regulations Metenng Service Charge $ 2 58 per Customer $ 2 62 per Customer Customer Service Charge Use of System Charge Distnbut~on System $1 67 per Billing KW DETERMINATION OF BII,IJNG DEMAND The Customer's demand value will be determined based upon Customer's metered KWH usage converted into KW based upon the non-comcldental load profile developed for residential Customers Billing KW will be the monthly max,m~xm created KW, but not less than the KW estabhshed during the most recent eleven months See Section 4 4 8 for information on the load profiles used to develop billing determinants TERMS AND CONDITIONS Connection will be furnished under Company's Service Rules and Regulations, Section 4 4 2 RIDER APPLICABILITY The above rate Is subject to the provlmons of Section 3, Sheets 10 through 17 OOO02 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY' SERVICE ApplWable EnUm System Secuon 3 Sheet 2 Page I of 2 Section T~tle Rate Schedules and Raders for D~stnbutmn Servme Rewsion Original Effective Date January 1, 2002 Secondary General Servme Tlus schedule Is available for general, non-resldentml electric connecuon service supplied at one Point of Delivery and measured by one Meter service at any one standard secondary voltage Compmly will supply single or available from the Company's Distribution System at the Point of Delivery Refer to Company's Service Rules and Regulataons, Secuon445 for addittonal voltage reformation Metenng Senate Charge $ 7 30 per Customer Customer Servme Charge $ 3 00 per Customer Use of System Charge Dls~nbuUon System $ 2 93 per Billing KW DETERMINATION OF BII,L1NG DEMAND When demand iS not measured The Customer's monthly demand value will be determined based upon Customer's metered KWH usage converted into KW based upon the non-coincidental load profile devaloped for general serwce Customers The Customer's monthly Bflhng Demand will be the monthly maxmmm created demand but not less than the maxamum created demand established during the most recent eleven months See Sectaon 448 for mformauon on the load pwfiles used to develop btl!mg detcmanants When~demand Is measured, The Customer's Billing Demand roll be the non-coinczdental KW load estabhshed by Customer dunng thc period of mammum use dunng the month but not less than the maximum KW load established dunng the most recent eleven months In case the Customer has a baghly fluctuating load, provmons may be made for measunng the KW over a shorter interval or for use of Customer's Connected Load, instead of measured KW, to determine the Customer's maxxmum KW for bflhng purposes 00003 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Section 3 Sheet 2 Page2 of 2 Section Title Rate Schedules and Raders for Distribution Service Revision Original Effective Date January l, 2002 l Ifa Retail Customer has a permanent, operatwnal change m load which vail significantly , lower his demand, and Customer notifies the Company of such change, the Co_mpany can, at its option, make adjustments to Billing Demand , ] TERMS AND CONDITIONS Connection vail be furmshed under Company's Service Rules and Regulations, ,_] Section 4 4 2 RIDER APPLICABILITY The above rate ~s subject to the provisions of Section 3, Sheets 10 through 17 .l .1 00004 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Section 3 Sheet 3 Page 1 of 2 Section Title Rate Schedules and Puders for Dmtnbuuon Service Revision Onglnal Effective Date January I, 2002 Secondary Unmetered Service Ttus schedule ,s available for non-res, dentlal elecme connection service for Customer- owned outdoor lighting systems, roadway sign l,ghtmg, traffic control signals, and flaslung or t~med traffic signals where all faciht~es are owned and mmntmned by the Customer and when the service conductors are the only facflmes needed to complete the electric connecUon Any faclhties reqmred m addition to the servme conductors will be assessed m accordance with the Facthtaes Extensmn Policy, Sectaon 4 4 1 of the Company's Service Rules and Regulauons Tlus schedule may also be avmlable, at the Company's sole discretion, for situations when metenng equipment may be subject to vandalism, for public safety, or assthetac masons, and when the Customer's electric load can be reasonably estimated or predicted from the nameplate of the installed eqmpment The Company and Customer must agree on an estunate of constant monthly KW to be used for billing purposes The Company may require estimated loads of over five (5) KW to be metered Service will be supphed only at single phase, 60 hertz, and will be supplied at one of the Company's standard secondary voltages Refer to Sectaon 4 4 5 of the Company's Service Rules and Regulations for addmonal voltage information Customer Service Charge $3 00 per Point of Connection Use of System Charge Dmtnbution System $2 93 per Bfllmg KW The monthly KW for bdhng purposes will be constant as agreed to by the Company and Customer until such time as adchtlonal Points of Dehvery and or hghtmg facilities are Installed The Company will require a contract for electnc connection for service provided under this schedule The contract for electric connection will hst the locations of each point of service, the Connected Load and the total KW to be used for billing Written request will be reqmred in advance of any addmons, delenons, or changes in the Connected Load served under this schedule 00005 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Section 3 Sheet 3 Page 2 of 2 Section Title Rate Schedules and Pdders for Distribution Service Revision Original Effective Date January 1, 2002 DETERMINATION OF KILOWATT (KW) The KW for the Customer's electric load will be the total KW as detenmned fwm the manufacturer's rated input wattage of the electric load or by mulUplymg the manufacturer's rated amperage Umes the rated voltage In the event that manufacturer's data cannot be supplied, the Company, at the Customer's expense, will test the load to determine the KW for btlhng purposes For signal hghtmg Customers, the monthly KW for billing purposes vail be the effecUve signal demand in nominal watts raung (thsregardmg Incidental control accessones, overlaps and dark penods dunng changes of the signals, and dark periods of flaslung signals) multiplied by 105 pement and divided by 1,000 The same value will be used each month for bflhng purposes unless adthuonal equipment is installed INSTALLATION OF CUSTOMER'S EOUIPMENT The Point of Delivery must be agreed to by the Company, and any installation of equipment by the Customer must comply vath the Company's Service Rules and Regulations, Section 4 TERMS AND CONDITIONS Ttus Service will be furmsbed under the Company's Service Rules and Regulations, SecUon 4 RIDER APPLICABILITY The above rote is subject to the provisions of Section 3, Sheets 10 through 17 O000G CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Section 3 Sheet 4 Page 1 of 2 Section Title Rate Schedules and Raders for Distribution Service Revision Original Effectave Date January 1, 2002 Primary Service This schedule is avmlable for electric Delivery Service connected at one Point of Delivery and measured by one Meter The electric connection furnished will be three phase, 60 hertz, at one of the Company's standard primary voltages Refer to Section 4 4 5 of the Company's Service Rules and Regulations for addmonal voltage reformation Service vail normally be metered at the service voltage For more information, refer to the Metenng Iustallat~on and Meter Testang Policy, Section 4 4 4 of the Company's Service Rules and Regulauous Metenng Service Charge $ 95 43 per Customer Customer Service Charge $140 23 per Customer Use of System Charge Distribution System $1 56 per Billing KW DETERMINATION OF BILLING DEMAND The Customer's Billing Demand vail be the non-coincidental KW load established by Customer dunng the 1S-minute period of mammum use dunng the month but not less than the maxunum KW load estabhshed during the most recent eleven months In case the Customer has a lughly fluctuating load, prov~slons may be made for measunng the KW over a shorter interval or for use of Customer's Connected Load, mate. ad of measured KWs, to determine the Customer's maximum KW for billing purposes Ifa Retml Customer has a permanent, operational change in load wluch will s~gmficantly lower his demand, and Customer notffies the Company of such change, the Company can, at Its option, make adjustments to Billing Demand 00007 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Section 3 Sheet 4 Page 2 of 2 Section Title Rate Schedules and Riders for Distribution Service Revision Original Effective Date January 1, 2002 POWER FACTOR CLAUSE The Company reserves the right to make tests from t~me to t~me to determine the Power Factor of the Customer's installation Should the average lagging Power Factor dunng the month be below 95%, Customer's measured demand will be increased for billing purposes by 0 4% for each 1% by wluch the average lagging Power Factor is below 95% TERMS AND CONDITIONS Connact~on will be furmshed under Company's Service Rules and Regulations, SecUon 4 4.2. RIDER APPLICABILITY Thc above rate is subject to the provis~ons Section 3, Sheets 10 through 17 00008 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Appl,cable Entire System Section 3 Sheet 5 Page I o£1 Section Title Rate Schedules and Raders for Distribution Service Revision Original Effective Date January 1,2002 Tl'ltnsml$$1on Service AVAILABILITY TI-ns schedule Is avmlable for electric Dehvery Service connected at one Point of Dehvery and measured by one Meter TYPE Connection v~ll be supphed at three phase, 60 hertz, and at standard trarlSmlSslon voltage wath any ad&taonal transformation necessar7 supplied by the Customer Refer to Sectaon 4 4 2 of the Company's Service Rules and Regulauons Servme wall normally be metered at the service voltage For more lnformauon, refer to the Metenng Installataon and Meter Testing Policy, Section 4 4 4 of the Company's Service Rules and Regulauons MONTHLY RATE Metenng Servme Charge $1,262 per Customer Customer Service Charge $ 4,205 20 per Customer DETERMINATION OF BILLING DEMAND FOR CTC AND TC CHARGES The Customer's Billing Demand wall be the non-coincidental KW load established by Customer during the 15-minute period of maximum use dunng the month but not less than the mammum KW load established dunng the most recent eleven months In ease the Customer has a lughly fluctuating load, prowsions may be made for measunng the KW over a shorter interval or for use of Customer's Connected Load, lastead of measured KW, to determine the Customer's maxunum KW for billing purposes Ifa Retml Customer has a opemuonal change in load wtuch wall significantly permanent, lower bas demand, and Customer noufies the Company of such change, the Company can, at Its option, make adjustments to Billing Demand RIDER APPLICABILITY The above rote IS subject to the proms,ons of Section 3, Sheets 10 through 17 00009 CENTRAL POWER AND LIGHT COMPANy TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Section 3 Sheet 6 Page I of 3 Section Title Rate Schedules and Raders for Dlstnbuuon Service Revision Onglnal Effective Date January l, 2002 Munietpal Street Lighting Service AVAILABILITY Th~s schedule is avmlable only to mumc~pallties, government agencies, colleges, umvers~ties and eleemosynary msUtutlons for service to Company-owned and mamtmned street lighting fixtures installed upon request for the purpose of illuminating public streets, lughways, parhng lots and campuses Service will be provaded by means of Company-owned and mmntamed lamps installed on overhead fixtures supported by poles m Company's existing distribution system Costs for added wood poles or ornamental standards conforming to standard specifications and mutually satisfactory to both the Customer and the Company will be reimbursed to the Company by non-refundable payment and Customer will not acqmre any title m smd facfllues by reason of payment Lamps may be supplied from either senes or multiple systems and from overhead ciremt at the opuon of the Company The Customer agrees to provide, at no cost to the Company, all reqmred right-of-way together with tree trimming penmts for Installation of the system and any permit necessary to allow the Company the right to use highway, parkway, and street nght-of-wny for mmntenance of the system Semee to mercury vapor lamps and incandescent lamps is available to existing semee only Mercury vapor and mean&scent lamps will be elused to new installations, service will eontmue to be provided until those fixtures fall or serwee is otherwise terminated Customer Semee Charge $3 00 per account Use of System Charge Dlstnbuuon System $2 93 per KW FaclllUeS Charge See chart O00I_O CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTR/C DELIVERY SERVICE Apphcable Eat;re System Section 3 Sheet 6 Page 2 of 3 Section Tffie Rate Schedules and Raders for D~stnbution Service Revts~on Original Effective Date January 1, 2002 DETERMINATION OF KILOWATT (KW) The monthly KW, for billing purposes, will be the rated bulb watts mult~phed by 105 per cent and d~vlded by 1,000 D~crlptlon Code KWH Monthly Watt~ Monthly KW Facthtles Mercu~J Vapor 100 Watt MA0 40 105 0 11 $4 27 175 Watt MA2 75 184 0 18 $? 33 400 Waft MA6 145 420 0 42 $8 99 I000 Watt MA8 365 1,050 I 05 $18 20 Twin 400 Watt ME6 290 840 0 84 $18 90 Metal Halide 175 Watt HD0 75 180 0 18 250 Watt HD2 105 210 0 21 $11 44 175 Watt Post Top HF2 75 180 0 18 $19 98 400 Watt HA4 155 420 0 42 $ I 1 06 Twin 250 Watt HE2 210 530 0 53 $13 54 310 840 0 84 $2o o4 Twin 40O Watt HE4 High Pressure Sodium 70 Watt SA0 35 74 0 07 $5 64 100 Watt SA2 39 105 0 11 $5 57 150 Watt SA4 70 158 0 16 250 Watt SA6 105 263 0 26 $9 39 400 Watt SA8 165 420 0 42 $27 05 Twin 150 Watt SFA 140 320 0 32 $14 88 Twin 250 Watt SE6 210 530 0 53 $19 72 Twin 400 Watt SE8 330 840 0 84 $45 68 Sodium 100 Watt Post Top SG2 39 110 0 I1 $1828 TERMS AND CONDITIONS Th;s Service will be fum~shed under the Company's Service Rules and Regulauons, Section 4 The Company will furnish to the Customer, street hght facilities for the operation from dusk to dawn of street hghts served under th~s tariff CENTRAL POWER AND LIGHT COMPANy TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Section 3 Sheet 6 Page 3 of 3 Sectwn Title Rate Schedules and Raders for Distribution Service Revision Original Effective Date .Ianuav/l, 2002 In the case where the hghtmg service is provided utflizang underground clmult(s), the Customer will provide all trenclung and back-filhng necessary for the ~nstallation of the circuit(s) - The Company vail, upon request of Customer, relocate, remove, or change any of its faclhties used tn rendenng service hereunder insofar as it may be praettcal and permissible, or vail render service under any other street hghung senace rate offered by the Company prowded Customer pays to Company, prior to the t~me such change ~s made or such different street hghUng servme is rendered, all costs incurred by Company m malting the change, including costs ofeqtupment facflitaes rendered or unusable If an outage ora street light occurs, Customer shall notify the Company promptly of such outage and Company wall be allowed five worhng days after such outage has been reported m wlueh to restore the lamp to service In the event that a lighting service Is being provided m an area where ~t ~s subjected to vandalism, the Customer vall be responsible for reimbursing the Company for all costs of malntmmng the hght(s), and if the vandalism ~s severe enough, in the Company's sole opmaon, hghung service under tlus tariff may be refused or terminated RIDER APPLICABILITY The above schedule is subject to the provisions of Section 3, Sheets 10 through 17 O00t2 CENTRAL. POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Section 3 Sheet 7 Page I of 3 Section T~tle Rate Schedules and R~ders for D~stnbutlon Service Rev~slon Original Effective Date January I, 2002 Non-Roadway Lightmg Service This schedule is for private hghtmg systems owned and operated by the Compan; and is only avmlable to eun~ntly installed facilities The Company roll own, and operate complete lummmre routs of approved design w~th an automatic control device for lights to bum from dusk until dawn no cost to Company, tree tnnumng penmts for The Customer agrees to provide, at the mmntenance of the system The facilities Installed by the Company will temmn the property of the Company The Non-Roadway Lighting Tariff is closed to new service as of'September, 2000 Use of System Charge Distribution System $2 93 per Billing KW Facthtms Charge See chart 00013 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Section 3 Sheet 7 Page2 of 3 Section Title Rate Schedules and lhders for Distribution Service Revision Original Effective Date January 1, 2002 DETERMINATION OF KILOWATT (KW} The monthly KW, for billing purposes, will be the rated bulb watts multiplied by 105 per cent and divided by 1,000 Description Code ~ Monthly Watts Monthly KW Facilities Price ' Mercury Vapor 175 Watt 715 75 184 0 18 $4 77 400 Watt 705 145 400 0 40 $4 56 Metal Halide 250 Watt 525 105 260 0 26 $7 ss 400 Watt 545 155 420 0 42 Ss 26 1000 Watt w/6x7 NBP 565 367 1,050 I 05 $12 27 1000 Watt~w/3x3 NBP 575 367 1,050 1 05 $12 27 High Pressure Sodium 100 Watt 785/ 39 105 0 10 $6 o2 745 150 Watt 775 70 158 0 15 $6 95 250 Wat/ 725 105 250 0 25 $8 75 Sodium Vapor I00 Watt 505 39 110 0 11 $7 l0 250 Watt 515 105 260 0 26 $7 40 535 155 420 0 42 $8 16 4OO Watt 1000 Watt 555 367 1,050 1 05 $12 27 TERMS AND CONDITIONS Ttus Serrate will be funnshed under the Company's Serrate Rules and RegulaUons, SecUon 4 The Company w~ll furmsh to the Customer, hghtang faclht~es for the operation from dusk to dawn for hghts served under this tariff The Customer shall notify the Company promptly of any outage in lighting facilities The Company w~ll be responsible for minor maintenance of the lumlna~re umt In the event that a lummaire unit were to require major maintenance or replacement to maintain service after September 2000, any new investment would be at the sole discretion of the Company 00014 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Section 3 Sheet 7 Page 3 of 3 Section Title Rate Schedules and Raders for Distribution Service Revision Original Effective Date January 1,2002 In the event that a lighting service is being provided m an area where It is subjected to vandahsm, the Customer wall be responsible for reimbursing the Company for all costs of mamtmmng the hght(s), and if the vandalism Is severe enough, ua the Compan}7's sole opunon, hghUng service under this tsnffmay be refused or tenmnated RIDER APPLICABILITY The above schedule Is subject to the prov~sions of Seetmn 3, Sheets 10 through 17 I O00t$ CENTRAL POWER AND LIGHT COMPANY TAR.IFF FOR ELECTRIC DELIVERY SERVICE Apphcable Enure System Secnon 3 Sheet 8 Page 1 of 7 Sect,on T~tle Rate Schedules and Raders for Dxstnbut~on Servtce Rev,mon Original Effecuve Date January 1,2002 M~seellaneous Serviee Fees SYSTEM MISCELLANEOUS SERVICE FEES ~ m a one-ume charge for each REP that registers w~th the Company to sell electricity to customers betng provided electric connecUon service by the Company REP Setup Fee $275 00, excl,,d,_ng !eg~! fees Connect Fees The Connect Fee ~s charged to the REP for estabhslung each new electric connection servlco to an account, including temporary service, as requested by the REP After receipt of adequate notification (two working days to complete), connects are performed dunng normal business hours (8 00 a m - $ O0 p m, Monday through Friday, excluding hohdays) and the appropriate routine Connect Fee Is charged If a REP requests that the connect be completed voth less than adequate nouce, the appropriate .~ roll be charged A request for a Priority Connect may option eousmact~on m reqmred, depending on the amount of eoustrucuon not be an when needed to make the connection Requests for electric conneeuon where coustruetlon m required may reqmre an additional charge for the necessary construction Connect Pnonty Connect Self-contained Meter $25 00 $40 00 CT Meter $170 O0 $300 00 The Pmoritv D~seonneet Fee Is charged when a REP requests that the electric connection be terminated on a priority bas~s (leos than two working days to complete) at a locauon where the REP m accountable for senqce, or when the Company employee cannot ~hsconnect serwce on the first tnp because of the demal of access, threat of bodily injury, or other cause When repeat ~lps are reqmred, a fee will be charged for each trip other than the first non-priority trip The fee will not be charged if the Company ts given two workang days to disconnect the service and the disconnect can be performed dunng normal business hours (8 00 am - $ 00 p m, Monday th. rough Friday, excluding holidays) Self-Contained Meter $30 00 Subsurface Box $80 00 PolefMe!enng Eqmpment $70 00 00016 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Apphcable Entire System Section 3 Sheet 8 Page 2 of 7 Section Tule Rate Schedules and Pdders for Dtstnbut,on Service Revision Original Effective Date January 1,2002 The Service Reconneetlon Fee is charged when a REP makes a request to restore elecmc connection service to the same account within 10 days after the REP had ordered disconnection If one full workang day's notice is g~ven by the REP to perform the recormectaon, the Routine Reconnect Fee wtll be charged If less than one full workang day's notice is given by the REP to perform the reconnecuon, the Priority Recounection Fee will be charged Routane Reconnect Priority Reconnect Self Contained Meter $25 00 $45 00 Pole or Subsurface Box $60 00 $100 00 CT Meter $$0 00 sg0 00 The Dls~)atched Order Fee is charged to the REP to recover the costs of prepanng and dlspatcbang an order to connect or disconnect an account where the REP cancels the request prior to the work being performed The fee vail be charged if the order has been dispatched, even If the service techmclan did not arnve at the work location or perform any of the requested work The Routine D~spatched Order Fee vall be charged for d~spatches occumng dunng normal business hours (g 00 a m - 5 00 p m, Monday through Friday, excluding holidays, and a Pnontv Dispatched Order Fee vail be charged for dispatches occurring at any other tnne Routine Order Pnonty Order Self-Contained Meter $25 00 $60 00 CT Meter $55 00 $90 00 The Service Conductors Temporary Removal Fee is charged for self-contmned metered services, when actlvmes such as rebmldmg the Meter Iccp, reroofmg a house, or ptacmg new siding on a building, that for safety reasons would cause a request for the temporary removal of the semace conductors If the request for temporary removal of service conductors is made giving two full working days to schedule in advance of the reqmred work, and the work can be performed dunng normal working hours (including re¢onnectlon), the service will be performed free of charge once every five (5) years the per Point of Delivery If the request is made more frequently than once every five years, or made as a priority Onclu&ng the reconnect~on of the service conductors), a Service Conductors Temporary Removal Fee vail be charged based on the hourly rate t~mes the estimated hours required to perform the work 00017 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Apphcabl¢ Entire System Section 3 Sheet 8 Page 3 of 7 Section Title Rate Schedules and P~ders for Distribution Service Revision Original Effective Date January 1,2002 Tempora~ removal of the service conductors at locations utlhzang CT metering must be coordinated w~th the Company and a Temporary Service Removal Fee wdl be charged based on the estimated number of hours reqmred to perform the work Service Conductors Temporary Removal Fees Hourly Fees CSR/TSR $20 89 per hour Service/Meter Tech $54 63 per hour Supervisor $43 17 per hour The Service Call Fee Is charged each tune a Company employee Is dispatched to Customer's premises at the request of the Customer or REP to Investigate what the Customer or REP believes to be a servme problem but it ~s determined that the problem, or peroetved problem, was not the fault of thc Company's equipment or system During Business Hours After Business Hours Service Call Fee $70 00 $125 00 The Temporary Serwce Fee Is charged to a Customer when requested by the Customer, or to the REP when it makes a request on behalf ora Customer The Temporary Service Fee is charged when any constructaon is required to make the electric service connection to provide temporary servtce If no facilities are reqmred to be installed and/or removed in providing flus service, then only the appropriate Connect Fee (Routine or Pnonty) will be charged The fee covers all costs of Installation and removal of faelht:es necessary to provide the temporary ~er~ce and Is charged m addmon to the Connect Fee The Tempora~ Serwee Fee Is payable m advance when the fee rs to be billed directly to a Customer Service provided and removed dunng normal $230 00 busme~ hours, only serwce conductors and self- contained Meter xustalled All Others Estimated cost for work order request at then-current costs The Under,round Faclhtles Location Fe~ will be charged to the person or enttty makang a priority request (less than two working days notice) for underground famhties to be located and marked Requests rece:ved through Texas One Call with the 00018 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Secuon 3 Sheet 8 Page 4 of 7 ~ SectiOn T~tle Rate Schedules and Riders for D~stnbut~on Service Revision Original Effective Date January 1, 2002 appropriate lead ttme wall not be charged The Underground Facflmes Locauon Fee is an hourly rote fee times the hours reqmred to complete the request Business Hours Ovemme I Underground Facdtues $65 00/hr $85 00/hr Locatton Fee · ] The Sneelal Meter Readin~ Fee Is charged when a REP requests that a Meter be re-read to verify the accuracy of the Company's rouUne Meter reading, or requests that a speetal ] reading be taken between normal Meter reading cycles Special Meter readings wall be performed only dunng normal business hours (8 00 a.m - 5 00 p m, Monday through Friday, excluding holidays) The Special Meter Reading Fee will not be charged for a re-read tf the new reading tndtcates that the original reading was m error Special Meter Reading Fee $15 00 The Meter Test Fee wtll be charged for each Meter tested by request other than tests conducted under the frequency gmdehnes spemfied by PUCT Substanuve Rules for Meter tests at no cost to Customer If the results of a test mdtcate the Meter accuracy to " be outside the tolerance hmtts specified by the PUCT, the Meter Test Fee wall be waived Meter Test Fee Self-Contmned Meter $90 00 CT Meter $260 00 The Denial of Access to Meter Fee will be charged to the REP each month that tts ] Customer demes the Company access to Company's Meter located on the Customer's property When the Company is demed access, it wll esumate the Meter readings for that month and bill the REP for electric counecUon sermce based on the asUmated readtngs In addtuon to the sermce charges based on the esumated readings, the REP will be billed the Demal of Access to Meter Fee After two cousecuUve months of bemg billed flus fee, or upon the REP's refusal to pay the fee, the Company will terminate cormectlon service (w~th proper notice) until access ts granted on a permanent electric basis Dental of Access to Meter Fee $65 00 The Broken Meter Seal Fee will be charged any ttme there ts an unauthorized breakage of the Meter seal, regardless If~t Is for unauthorized reconnectton of service, unauthorized J 000 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Apphcable Entire System Section 3 Sheet 8 Page 5 of 7 Sectmn T~tle Rate Schedules and P~ders for D~stnbut~on Service Revision Original Effective Date January 1, 2002 access into the Meter enclosure, or for reasons not ~dentlfiable Additional charges for any cost of repmrs or replacement of damaged facflltaes, mstalhng protective equipment, or relocation of Meter wall also be charged ff such is required Broken Meter Seal Fee $55 O0 The Meter Tamnerlng Ieee and the Broken Meter Seal Fee wall be charged any tame there as unauthorized access into the Meter enclosure and there ~s evidence of current diversion, Meter tampanng, or other delabetate act(s) conmbuting to theft of service The Meter Tamparmg Fee wall be based on actual tune reqmred and wall be billed according to established hourly rates In addgaon to the Meter Tampenng Fee, charges wall be assessed based on an estamate of the difference between Meter readings dunng the esumated duration of the theft of servaee and what the Meter should have actually registered / Also, charges for any cost of repmrs or replacement of damaged facfliues, massing or destroyed Meter, installation of protective equipment, or relocauon of Meter wall also be charged afsuch is required Meter Tamparmg Fee Actual time required times hourly rates The Returned Cheek Fee as charged for each check returned unpmd by a financial lnstlRltlon to the Company Returned Check Fee $25 00 The Non-Standard Communication Fee is charged each tune a REP communicates in a manner other than the otharwlse agreed-to standard commumeation method Non-Standard Communication Fee Hourly Fees 46 per hour Clerk $22 .An~!yst $34 76 per hour Supervisor $43 16 per hour Other Fees Computer Supphes $5 00 per diskette Copying, handhng and mmhng paper report $15 00 per report 00020 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Apphcable Enure System I Section 3 Sheet 8 Page 6 of 7 ~ Section T~tle Rate Schedules and Raders for D~stnbut~on Servme Revision Original Effective Date Janua~ 1, 2002 DISCRETIONARY' MISCELLANEOUS SERVICE FEES The Co m Fee vail be charged on a per page or per diskette basis depending on the requirements of each request and must be pa~d m advance of the copyln~ being performed Tlus service Is only for documents and data exlsttng w~tlun the Company at the time of the request and that Is avmlable for pubhc distnbuuon Copying Fee $0 10 Per page copied $5 00 Per 3 5 meh thskette $0 25 Per page scanned for eleetrome file J 5" I l" X text only) The Facilities Rel0¢aflon Fee vnll be charged to a Customer, a third party, or the Customer's authonzed representative, requesting the temporary or permanent relocation of any of the Company's facflttles The fee will be the esUmated cost to the Company to perform the requested faeihttes relocation and must be pad m advance of the work being performed I Facilities Relocation Fee Estimated cost to perform the requested ~ relocation of facilities, calculated for each specffic work request at then-current costs The Sneelal Meterine and Non-Standard Metenng Reports Fcc will be charged for J metenng non-standard metenng reports that we m addition to what is special and/or reqmred for the Company to bill the REP for service The requested product or service, if the Company agrees to provide lt~ must be appmpnate for an electric utlllty to provide and not be prohibited under the PUCT's compeut~ve energy services restnct~ous Tlus fee will be charged monthly to the REP and will be based on the est~mzted recumng monthly j costs plus estimated monthly ma/ntanance on any special eqmpment required for , pro,oding the requested service This-monthly fee vall be charged In addlUon to any installation costs for the special metering eqmpment requested .J Special Metenng and Non-Standard $30 00 per account or report per month Metenng Reports Fee plus the estimated monthly j mmntenance cost for special metenng (ffany), calculated using current data at the t~me of ~nstmcuon, plus the cost of spemfic equipment requested 00021 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Apphcable Enure System Secuon 3 Sheet 8 Page 7 of 7 Secuon T~tle Rate Schedules and R~ders for Dlsmbuuon Serv,ce Revision Original Effective Date January I, 2002 A Snecial Products/Services Fee v~ll be charged when products and/or semces requested are appropriate for an electric uuhty to provide and are not prohibited by the PUCT The full spectrum of such potentml products and/or servmes either may.not be antlc~pated at this time or may not occur regularly enough to warrant a specific fee For each of these quahfy~ng products and/or services provided by the Company, the Special Products/Setvmes Fee will be charged based on the esumated cost (current cost at ~s provided) to provide the requested product and/or service the time the product/service Speetal Products/Services Fee EsUrnated Cost The Snecial Billin~, Services Fe~'-* will be charged monthly to the REP as appropriate for providing any requested speeml bflhng analyms or bHhng reports that are ~n addition to the Company's standard analys~s and reports required to bill the REP Such requests may include servieas such as dupheate bflhng, special account aggregation reports, or specml account consohdauon repons Specml Bflhng Services Fees Hourly Fees Clerk $22 46 per hour Btlhng Analyst $34 76 per hour Super~sor $43 17 per hour Other Fees Computer Supphes $5 O0 per &skette Copying, handhng, and marling $15 00 per report paper report The Account Hi~torv Fee ns an hourly rate fee charged to the Customer or Customer's authonzed representative (the requester) to complete each request for account histor~ except requests for mformaUon that ~s reqmred to be pm,aded at no cost by the PUCT's Substantive Rules Account History Fee Labor $20 00 per hour clerical t~me Each diskette $5 O0 Per page cop~ed $0 10 Per page scanned $0 25 Postage and handhng $0 75 00022 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Apphcable Entire System Sectmn 3 Sheet 9 Page 1 of' 1 Section T~tle Rate Schedules and Puders for D~stnbut~on Service Revision Original Effective Date January 1, 2002 Retail Electric Switehovers AVAILABILITY A request to sw~tch service of a consuming famhty to another m~l~ty that has the right to serve the famhty shall be handled pursuant to PUCT Subet R 25 27, a copy of wtuch w~ll be provided upon request RATE Base Charge $200 00 Base Charge Adder $I00 00 STRANDED COST RECOVERY In multiply c¢~ficated areas, a Rctml Customer may not avoid stranded cost recovery charges by - sw~tolung to another electric utility, electric cooperative, or mummpally-owned uttl~ty after May m a muluply service area that requested to sw~tch providers on 1, 1999 A Customer cemficated or before May 1, 1999, or was not taking service from an electric utthty on May 1, 1999, and does not do so after that date ~s not responsible for paying retml stranded costs of that ut~hty 00023 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Apphcable Entire System Section 3 Sheet 10 Page I of 12 Secuon T~tle Rate Schedules and Raders for D~stnbuuon Service Revision Original Effecuve Date January 1, 2002 Competition Transmon Charge Rates - Schedule CTC DEFINITIONS For the purposes oftlus schedule the follovang terms shall have the follovang meanings Company - The CSW Energy Delivery Company providing Delivery Service ~n the existing serwce area of Central Power and L~ght Company, and its successors and assigns that provide transrmsston or distnbutton sexnnce dtrcmtly to Customers taking service at facd~ties, premises, or loads located within the St~'vic~ Axea. Competition Transaction Charges - non-bypassable charges computed on the basis of mdiv~dual end-use Retml Customer consumption, except for CTCs applicable to NESG for wluch charges are based on the output of the on-site generation (a) For Retail Customers of the Company, the CTCs provided for in this rote schedule are a component of the bundled Company rates under wluch the customer takes service to the prior unbuudlmg oftransmms~on and distribution rates specified by PURA § 39 201 (b) For Retail Customers who are not Retatl Customers of Company, but whose facilities, premises, and loads are subject to CTCs btlled and collected pursuant to the CTC under this schedule, and for Retail Customers of the Company who take service after transmission and dlstnbution rates have been unbundled, the CTC Rates shall constitute a separate charge (c) The assessment of CTCs shall be separately identified on each Customer's bill Non-Eligible Self-Generation (NESG) - new on-site generation as defined In PURA § 39 252CO) wbach materially reduces or reduced customer loach on the Company's transrmssion and dmtnbut~on system, unless excluded under PURA § 39 262(k) and any roles subsequently adopted by the Comm)n~lO~l pursuant thereto Retail Electric Provider (REP) - the entity wbach, w~th the advent of customer choice, vail serve the (:ustomer's energy needs, and vail remit to the Servicer the Translt~on Charges billed ~n accordance w~th this schedule Service Area - the Company's certificated service area as it existed on May 1, 1999 00024 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Apphcable Entire System Section 3 Sheet I0 Page 2 of 12 Section Tttle Rate Schedules and P, aders for D~stnbuuon Service Revision Original EffecUve Date January 1, 2002 APPLICABILITY Ttus schedule sets out the rotes, terms and conditions under which CTCs shall be_billed and collected by the Company, and any REPs Th~s schedule ~s apphcable to energy consumption and demands of Retml Customers takang transrmss~on and/or thstnbutwn service from the Company and to the facthtles, prermses and loads of such retail customers Th~s schedule also applies to 1 Retml Customers tahng service at facfl~taes, premises, or loads located w~thm the Service Area who are not presently receiving transnuss~on and/or d~stnbut~on service from the Company, but whose present faeflmes, premises, or loads received Ixansnusslon and/or d~slnbutaon service from CPL or the Company at any time on or after May 1, 1999 when a request to change service to another uuhty was not pending 2 Retml customers located w~thn the Service Area and prior Retml Customers of the Company or CPL who are served by new NESG 3 Pubhc Rctml Customers located Wlttun the Servwe Area who purchase power from the General Land Office under PUPA § 35 102 This schedule does not apply to the facilities, and loads premises, of Customers described above who are not taking retail serwce from the Company pursuant to the Commission Order m Docket No 20292 Individual end-use Customers are responsible for paying CTCs balled to them m accordance with the terms of flus schedule. Payment Is to be made to the enuty that bills the Customer, wtuch enttty may be thc Company, a REP, or an entity designated to collect CTCs m place of the REP Thc REP or entity designated to collect CTCs m place of the REP will pay the CTCs to the Company TERM Th~s schedule shall remmn ~n effect until CTCs have been collected and remitted to the Company However, ~n no event shall the CTCs provided for ~n th~s schedule be billed for service provided after 15 years from Dehnquenc~es and end of period bflhngs may -2- 00025 CENTRAL POWER AND LIGHT COMPANY TARIFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Secuon 3 Sheet I0 Page 3 of 12 Section Title Rate Schedules and Raders for Dlstnbution Service Revision Original Effective Date January 1, 2002 be collected after such period Thzs schedule is Irrevocable and non-bypassable for the full term dunng which It applies RATE CLASSES For the purposes of bllhng CTCs, each retail end-use Customer shall be designated as a Customer In one of the follow~ng six customer classes A new Customer shall be assigned to the appropnate Customer class based on-anUclpated usage charactensucs Residential - Tlus service 1s apphcable to Customers conslstlng of individual private dwelhngs and mdw~dually metered Apartments In addition, security or flood lighting services provided on a residential Customer's prenuses shall be included in this rate class Commereml and Small Industrial - Energy - 'Flus service is applicable to non-residential Customers (I) w~th annual maximum measured demands less than 12,500 KVA and (2) whose current rate class for the purpose of transmission and distribution usage is billed w~thout any demand charges In addiuon, security or flood lighting semces provided on apphcable end-use Customer's premises shall be included ra flus rate class Commercial and Small Industrial * Demand o Tins service Is applicable to non-residential Customers (I) math annual maximum measured demands less than 12.500 kVa and (2) whose current rate class for the purpose of transnuss~on and d~stnbutlon usage requires a demand meter Large Industrial - Firm - Tlus service is applicable to non-residential Customers taking nonqntermpuble service vath annual mammum measured demands equal to 12,500 KVA or more whose service is provided to the entire premises at not less than 60,000 volts Standby = Firm = 'flus sermce is applicable to non-residential customers taking non- mtermpttble standby sermce when such sermce may be substituted, either chrecfly or indirectly, for customer-owned and operated power producuon equipment Standby. Non-Firm - This servme Is applicable to non-residential customers whose servxce Is provaded to the entire premises at not less than 60,000 volts who are tal~ng as-avmlable standby semee when such service may be substituted, either directly or indirectly, for customer-owned and operated power produeuon equipment not held primarily for emergency use Large Industrial - Non-firm - This service is applicable to non-residential Customers taking lnterrupt~ble service with annual maximum measured demands equal to 12,500 KVA or more -3- 00026 CENTRAL POWER AND LIGHT COMPANY TAPdFF FOR ELECTRIC DELIVERY SERVICE Applicable Entire System Section 3 Sheet 10 Page 4 of 12 Section Title Rate Schedules and Raders for Dmtnbut~on Service Revision Original Effective Date January 1, 2002 whose service is provided to the entire premises at not less than 60,000 volts In addition, this service Is applicable to Customers whose service is provided to the entire premises at not less than 60,000 volts and who have self-generation capability equal to or greater than 25,000 KW and who purchase a mlmmum of' 25,000 KW as Standby - Firm service for that por~on of the customer's load which displaces, m total or in part, the customer's self-generating capability Municipal and Cotton Gin - Tins service is apphcable to mumcipaliues, other utilities, and other public agencies for Electric Service for the operation of water supply, sewage, and/or drmnage systems serving the general public supplied at one Point of Delivery and measured by one Meter In addmon, thls service is applicable to political subdivisions and eleemosynary insututlons for traffic lighting, flood hghtmg and sweet lighting service on public streets and lughways, in public areas, and upon the grounds of public schoolyard or educational restitutions not orgamzed for profit This service Is further applicable to all Electric Service other than lighting service furnished to cotton gins REGULATORY ASSET ALLOCATION FACTORS The following Regulatory Asset Allocation Factors (RAAF) to be used in the calculation of the CTC Rates are calculated using the methods approved by the Conumssion in The RAAFs shall be the percentage of cost responsibility for each CTC customer class Comoetltion Transnqon Charge Class RAAF Residential 37 0664% Commercial and Small Industrial- Energy 21 5756% Commercial and Small Indusmal - Demand 26 9570% Large Industrial - Firm 4 4891% Large Industnal- Non-Finn 5 5190% Standby - Fu'm I 4227% Standby - Non-Fu'm 0 3844% Mumclpal and Cotton Gin 2 5858% DETERMINATION OF CTC RATES CTC rates vail be adjusted no less frequently than annually in order to ensure that the expected collection of CTCs is adequate to The CTC Rates shall be computed by multiplying the R.AAFs set forth above times the Periodic Billing Requirement (BR) for the projected CTC period, and dividing such amount by the billing units of the CTC Customer class, as shown in the following formula " -4- 00027 ATTACHMENT 2 ENTERGY GULF STATES 0002~ ] ENTERGY TEXAS DISTRIBUTION COMPANY, INC. ] TARIFF FOR ELECTRIC ] DISTRIBUTION SERVICE -J 00029 .~' EGSI UCOS Filing 63-1 TARIFF FOR ELECTRIC DISTRIBUTION SERVICE TABLE OF CONTENTS j Secbon Description of Utlhty Operation I C~bes and Commumbes Served II ~] Rate Schedules III j Rules and Regulabons IV .I ] 1 'J 00030 J EGSI UCOS Filing 63-2 ENTERGY TEXAS Sheet No 1 DISTRIBUTION COMPANY, INC Effective Date Proposed January 1, 2002 Electric Olstnbubon Service Revlsmn No 0 Supersedes New Schedule DESCRIPTION OF UTILITY OPERATION Schedule Consists of One Sheet Entergy Texas Disthbution Company, Inc ~s engaged pnnc~pally in the business of dlstnbut~ng electnc energy in Southeastern Texas, pnnc~pally ~n the coastal area and including the c~fles of Beaumont, Port Arthur, Orange and Conroe The Company's electric dls~butlon system is interconnected with other ubl~es, and these interconnecbons am maintained for the dtsthbutlt3n of power The Compeny's service area Is a major producer of o~1, gas. sulfur, ml~ned products, chemicals, petrochemicals, steel products, and oil tools, along vnth related manu~actunng, processing and sorvlclng activities Paper. cement, building materials cotton, nce, and cattle are also tmportant products of the sol'vice area It is characterized by a favorable year-round ciimata and ready access to air, land and water transporta~on The a~ounl~ng records of the Company are maintained in accordance with the Umform System of Accounts as prescribed by the Federal Energy Regulatory Commission and adopted by the Public UlJIIty Comisston of Texas 00031 EGSI UCOS Filing 63-3 SECTION II CITIES AND COMMUNITIES SERVED ENTERGY TEXAS Sheet No I DISTRIBUTION COMPANY, INC Effective Date Proposed January 1 2002 Electric D~stnbutlon Service Rews~on No 0 Supersedes New CITIES AND COMMUNITIES SERVED Schedule Conststs of One Sheet COMMUNITY COUNTY COMMUNITY COUNTY Ames Liberty Gause M~lam Anahuac Chambers GIIchnst Galveston Anderson Grimes Glendale Tnn~ Ballvllle Orange Grayburg Hardin Batson Hardin Griffing Park Jefferson Beach Montgomery Groves Jefferson Beaumont Jefferson Groveton Trinity Bedies Gnmos Hammond Robertson Bevtl Oaks Jeffemon Hamshire Jefferson Bon Wlar Newton Hanksmer Chambers Bremond Roberteon Hardin hberty Bridge City Orange H~gh Island Galvesto~ Caldwell Budeson Hdlister Tyler Calvert Roberteon Houston Harris Camden Polk Hull L~berty Caplan Galveston Huntsville Walker Carmona Polk Iola Grimes Chateau Woods Montgomery Kosse Lzmestona Cheek Jefferson Kountze Hardin ChinaChester Jefferson Tyler Lakevlew Jefferson Leggett Polk Cleveland Uberty Liberty Liberty Colmesnell Tyler Lumberton Hardin Conroe Montgomery Lyons Burleson Corrigan Polk Madisonville Madison Cottonwood Madison Mauricevdle Orange Crystal Beach Galveston Midway Madison Cut & Shoot Montgomery Monroe C~ Chambers Dayton Uberty Montgomery Montgomery Dmsetta Liberty Moscow Polk Deanvllle Budeson Moss Bluff Chambers Devers Liberty Mount Tabor Madison Dobbin Montgomery Mum;urd Robettson Doueette Tyler Navasota Grimes Nederland Jefferson o Easterly Robertson Eestgate Uberty New Baden Robertson Echo Orange New Canay Montgomery Evadale Jasper New Tabor Burleson Fannett Jefferson New Waverly Walker Franidln Robedson Nome Jefferson (Continued on reverse s~de) 00032 EGSI UCOS Filing -63-4 COMMUNITY COUNTY COMMUNITY COUNT'Y' Normangee Leon Sabine Pass Jefferson NorU3 Cleveland Liberty Saratoga Hardin North Zulch Madison Shenandoah Montgmery Oak Island Chambem Shepherd San Jacmto Oak Ridge North Montgomery Shits Grimes Oilfield Montgomery Silsbee Hardin Orange Orange Singleton Grimes Omngefield Orange Sm~ Point Chambers - Panorama Village Montgomery Somerville Burieson Patton Village Mon~gomary Sour Lake Hardin Pear Ridge Jefferson Splendors Montgomery Pine Forest Orange Spurger Tyler PJnehurst Orange Stowell Chambers Pinewood Hardin Todd Mission Grimes Plantan~llle Grimes Tflnlty Trinity Plum Grove liberty Urbana San Jaclnto Port Arthur Jefferson Valley Junction Robertson Port Bolivar GaNoston Vidor Orange Porter Montgomery Village Mills Hardin Porter Heights Montgomao/ Wailisvllle Chambers Port Neches'/ Jefferson Warren Tyler Raywood Uberty Washington Washington Richards Grimes Westchester Hams Riverside Walker West Orange Orange Roans Pralde Gdmes Willis Montgomery Rollover Galveston Wildwood Hard~n & Tyler Roman Forest Montgomery Winnle Chambers Romayor Uberty Woodbmnch Montgomery Rose City Orange Weodleke Trin~ Rose Hill Acres Hardin Woodlands Montgomery Rural Ama Brazoa Woodloch Montgomery Rural Area Falls Woodville Tyler Rural Area Orange CITIES AND COMMUNITIES SERVED 00033 EGSI UCOS Filing 63-5 SECTION III RATE SCHEDULES ENTERGY TEXAS Sheet No 1 DISTRIBUTION COMPANY, INC Effecbve Date Proposed January 1 2002 Electric Dlstnbut~on Service Revision 0 Supersedes New Index INDEX TO RATE SCHEDULES Schedule Consists of' One Sheet Schedule Description Page N~._ DSS Distribution System Service 1-3 RLS Roadway Lighting SenSe 4-6 NRLS Non-Roadway Lighting Service 7-10 PLS Premium Lighting Sewlce 11-13 NUS NewAJnbundled Sen4ces Plan 14-15 MDS Miscellaneous Discretionary Service Charges 16-17 CTC Compet~on TranslUon Charge 18-19 NDC Nuclear Decommissioning Charge 20-21 SBFF System Benefit Fund Fee 22 OAM Optional Advanced Metering 23-24 (; IPODG [nterconnection and Parallel Operation of Dlslflbuted Generation 25-36 AFC Additional Facil~es Charge (closed to new business) 37 0003,t EGSI UCOS Ftl~ng 63-6 SECTION III RATE SCHEDULES Page 1 ENTERGY TEXAS Sheet No 2 DISTRIBUTION COMPANY, INC Effective Date Proposed January 1 2002 Electric D~stnbut~on Service Rewsion 0 Supersedes New Schedule SCHEDULE DSS Schedule Consists of' Two Sheets DISTRIBUTION SYSTEM SERVICE I APPLICABILITY This Schedule and the charges herein are appl~cebla to all Retail Electhc Providers I regular terms and cond~ons of the Company for electric distribubon ('REPs') under the service provided to all locations of the REPs' Customers within the Company's service territor/ I II MONTHLY BILL ,~ Single Three L~ght~ng/ Deliver/Voltage Billtog Item Phase Phase Unmetered Secondar/(Less than Location Charge $12 90 $39 59 $8 06 I 2 4 kV) Energy Charge Per Billing kWh 1 9t31~ 1 9131¢ 1 9131~ Pdmar/(2 4 kV or Location Charge $141 90 $392 81 N/A greater but less than Demand Charge ' 69 kY) Per Billing kW $3 3t8 $3 318 NIA t Transmission (69 kV Location Charge N/A $2,521 72 N/A and greater) i Deliver/Voltage mfem to the voltage at which the service Is delivered ' The minimum monthly charge for all Deliver/Voltages for Single Phase or Three Phase service Is the Location Charge ~j The Ughting/Unmetered Service Locetion Charge above will apply only when no other Location Charge applies at the same location J The Monthly Bill vail also Include charges pumuant to ali other schedules under which service Is provided at the Ionatlo~and~ll applicabte~a.~ · III ~ ,~.DETERMINA~IONa3ruB 'II~$N(3~UNIT~3FOR~=TERED SERVICE Billing kwh ~hall ha all measured kWh consumption at the location dunng the billing month, subje<:t to the metering edjustmente desc~bed in Section VIII below The Billing kW will be the location's maximum measured 30-minute demand of the current blihng J month, subject to the metering adjustments described In Section VIII below Where service Is of ex~en~ly fluctuating or Intermittent type, Company may specify shorter Intervals of demand measurement than 30-minute Intervals ,1 I (Continued on reverse side) " 00[]35 .~ -EGS! UCOS Filing - ---~3-?- Page 2 IV BIMONTHLY ME i ~-R READING At the Company's option, meters at Secondary Dehvery Voltage Iocabons may be read bimonthly, and bills may be rendered bimonthly or monthly w~th an estimated Interim bdl A bimonthly bill will be rendered and will be computed by doubhng the Locabon Charge and applying all energy based charges to the energy registered between such b~monthly readings When this provision Is uhlized for a location, the energy so determined shall be used for all other rote schedules applicable fo the same locabon V, DETERMINATION OF ENERGY REQUIREMENT FOR UNMETERED SERVICES A. At the time the REP conbacte for eawlce under this Schedule, the REP shall provide Company with a written Inventory of all equipment at each location which shall include the typa and nameplate rating for each piece of equipmenL The billing energy for each location will be determined by the Company's eedmatJon of the kW and kwh usage based on the type, rating, and quantity of the equipment at that Ionalbn from the invanto~ provided by the REP The estimated kW demand used for estimation of the KWh usage shall not be less than ten percent of the elect~'tcal capeclty required to serve the location B The REP will update its Inventory by Informing the Company In wntfng of changes .- in type, rating, and/or quan§ty of equipment at each location as such changes ~occur, and billings will be adjusted accordingly Add~tionally, no later than the anniversary date on which tho REP Is provided service at each location under this Schedule, the REP shall provide an updated Inventory of all equipment at each location Further, upon Company's request, the REP shall provide an updated Invanto~y of all equipment at each location C Company may, at Its discretion, test meter the load of various types and ratings of Inventoried equipment to the extent naceseary to verify the estimated kwh usage used for billing puq~oeas W'nare dictated by such test motoring, Company will make prospective adjustments In estimated usage for subsequent bdhngs, however, Company shall be under no obligation to test meter the load of Inventoried equipment and Company's derision not to test meter the load of such equipment shall not release the REP from Ihe obligation to provide to Company an accurate inventory of the types, ratings, and quan~es of eqmpment upon which billing Is baaed, and to update such Iovento¢/ D Company shall endeavor to Inspect the equipment at each point of son,ice annually as close to the anniversaxy,,date of ,the acontract~as. Is practical and make prospective adJusthlants-sln,~bllllng~asaindlsatod .~by .~such~inspacttons;~ however, Company shall be unde~no~obllgalion~to~x~nduct~Jobt~lnspectiona-forthe purpose '~ suchm!esPeO§onst, shall~'tot~retease~lhe*REP-.norn the obligation to provide to CO~ '4he~a~ngs, and quanbties of equipment upon ~,dllch blBng Is based, and to update such inventory as required heroin F_ ~ As thla~earvlce ts unmetered, the REP agmea to pay amounts billed In accordance with lhe cunent Inventory, regardless of wbelber any of the inventoried equipment was electrically operable during the period in question and regardless of the cause o! such equipment's failure to operate SCHEDULE DSS (ConUnued on next page) I~.G$! UCO$ Fding 63-8 ,;:.c~, i ~v~ .i ~ I ~- ~..,Mr'tJU&_Cb Page 3 ENTERGY TEXAS Sheet No 3 DISTRIBUTION COMPANY. INC Effective Date Proposed January 1. 2002 Electric D~stnbuhon Service Rews~on 0 Supersedes New Schedule SCHEDULE DSS (Cont) Schedule Consists of Two Sheets DISTRIBUTION SYSTEM SERVICE Vl. PHASE AND VOLTAGE OF SERVICE '" The Company will provide service at the phase and Del;very Voltage available at the Point of Common Coupling (as defined In the Company's Distnbutk)n Service Standard Terms and Conditions) VIII METERING ADJUSTMENT When service is metered at a voltage higher than the Delivery Voltage, metered quanti~s will be reduced by 1 $% for each transformation step to the Delwery Voltage When sen/ice Is metered at a voltage lower than the Delivery Voltage, metered quantities will be Increased by 1 5% for each tmnsformabon step to the Delivery Voltage IX AMOUNT DUE AND PAYMENT The Monthly Bill due for a location billed pursuant to th~s Schedule vnil be billed to the REP pursuant to the Company's Distribution Serv~,e Standard Terms and Conditions SCHEDULE DSS 0003 7 EGSI UCOS Flhng 63-9 SECTION III RATE SCHEDULES Page ENTERGY TEXAS Sheet No 4 DISTRIBUTION COMPANY, INC Effective Date Proposed January 1, 2002 Electflc D~stnbut~on Service Rev~mon 0 Supersedes New Schedule SCHEDULE RLS Schedule Consists of' Two Sheets ROADWAY LIGHTING SERVICE APPLICABILITY Th~s Schedule ~s apphcable under the regular terms and cond~bons of the Company, for service to all electhc distribution locations for Roadway Lighting systems for the lighting of pubhc streets, roads, and thoroughfares where facilities of adequate capacity and suitable voltage are available II AVAILABILrFY This Schedule is available only to Retail Elecfl~ Providers ('REPs') · J III TYPE OF SERVICE Lights w,II bum from dusk to dawn for approx~mstely 4,000 hours per year The lighting facihbes tnstalled wdl be Company*s standard approved facilities for the perUcular application The facilities provided in exchange for the rates In Section IV below are specified In Section V below IV MONTHLY CHARGE Rate Groups A and B Lamp/Fixture Type Lamp Monthly Rate Per Lamp Wattage kwh Groups A Group B i H~gh Pressure Sodium/Cobra 100 38 3 $4 08 $2 54 High Pressure Sodium/Cobra 250 100 0 $7 09 $4 29 High Pressure Sodium/Cobra 400 150 0 $8 71 $5 81 The Monthly Charge will also Inciude charges pursuant to all other schedules under which service is provided at the location plus all app~Icabte taxes ?.j V GENERAL PROVISIONS A. The charges shown under "Rate Group A' Inciudedhednstalleflcm, ~nalntenance and comml by me Company~~-,~~p~monnted factil~es~otherttmn~he~,~t~ight~xlum~be~EP~lfl be required to mare n lump sum,'Tmymentcln edvanca,~besed upon the estimated installed cost of BII facdRles excluding the fixture (Continued on reverse side) 00038 ' EGSI UCOS Fd~ng 63-10 Page 5 B Under "Rate Group B" all street hghbng equipment, poles, lum~na~res, and overhead c~muits or underground cables are provided by the REP in accordance w~th Company standards The charges shown under "Rate Group B" are applicable when the Company furnishes Secondary Delivery Voltage and maintains the system to the extent of replacing burned-out lamps, cleaning outer globes, making patrols and Inspac~ons, and maintaining control sw~tches at each point of delivery Any other maintenance, installatmns, replacements, or removals shall be done only upon written request and at the expense of the REP Rate Group B is also applicable wham Company installs nonstandard facilities.and charges the REP a lump-sum payment to cover the total of all such costa, including the fixture C Extraordinary costs that may be Incurred because of the request of the REP, such as the cenvemlon of Mercury Vapor Roadway Lights to High Pressure Sodium Roadway Lights, shall be paid by the REP In advance VI CONVERSION OF MERCURY VAPOR ROADWAY UGHTS TO HIGH PRESSURE SODIUM ROADWAY UGHT8 When a REP requests the conversion of Mercury Vapor Roadway Lights to High Pressure Sodium Roadway Lights the REP will be credited w~h the salvage value of the existing IlghL VII SERVICE CLOSED TO NEW' BUSINESS A. MONTHLY CHARGE Rata Groups D & E Lamp Monthly Type Wattage kwh Rate Per Lamp Group D Group E Incandescent 202* 67 3 ' $3 95 ' - Incandescent 405* 135 0 $5 74 - Mercury Vapor 100' 42 4 $3 41 - Mercury Vapor 175' 70 0 $4 09 - Mercury Vapor 250 97 3 $5 63 - Merou~/Vapor 400 153 5 $7 34 $ 5 08 Mersury Vapor 1,000 367 3 - $10 78 °Replecemant of burned out bulbs will continue for these I~ghts However, when Ex'tums and/or hallesta must be replaced...they will be reptaced with 10OW, High P -re~-~-um~,~3dlurlTd~'ltlresmr,-~at~-lhe<.Company, a option, 175W, Mercury Vapor B GENERAL PROVISIONS The charges shown under "Rate Group D" Include the ownership costs and coatrol by the Company of existing standard slreet light fixtures and lamps mounted on existing standard wood poles SCHEDULE RLS (co.G~ued on next page) 00039 EGSI UCOS Fihng 63-11 SECTION III RATE SCHEDULES Page 6 ENTERGY TEXAS Sheet No 5 DISTRIBUTION COMPANY, INC Effecbve Date Proposed January 1 2002 Electric D~stribution Service Rews~on 0 Supersedes New Schedule SCHEDULE RLS (ConL) Schedule Consists of* Two Sheets ROADWAY LIGHTING SERVICE -. Under "Rate Group E" all street lighting eqmpmenl, poles, lumleaires, and overhead circuits or underground cables are provided by the REP The charges shown under "Rata Group E" are applicable when the Company furnishes Secondary DelNery Voltage and maintains systam to the extent of replacing burned-out lamps, cleaning outer globes, making patrols and Inspecpons, and maintaining control switches at each point of dehvery Any other maintanance, installations, replacements, or removals, shall be done only upon wdtten request and at the expense of the REP Company is furnishing underground serv;ce to metal or concreta poles Where the in areas other than residential subdivisions and the REP is paying a monthly charge based on the Installed cost of such facil~es plus the charge under Rate Group E, such monthly charge w~ll be based on original investment, plus current costa for operations, maintanance and capital costs VIII AMOUNT DUE AND PAYMENT Any Monthly Charges due for a location billed pursuant to this Schedule will be billed to the REP pursuant to the Company's Distribution Service Standard Terms and Cond~bons, and shall include all applicable taxes SCHEDULE RLS 00()~0 EGSI UCOS Fflzng 63-12 oc;~..llc/N III KATE SCHEDULES Page ENTERGY TEXAS Sheet No 6 DISTRIBUTION COMPANY, INC Effecbve Date Proposed January 1 2002 Electric DIstnbut~on Service Rews~on 0 Supersedes New Schedule SCHEDULE NRLS Schedule Consists of- Two Sheets NON-ROADWAY LIGHTING SERVICE APPLICABILITY .. This Schedule is applicable under He regular terms and condlbons of the Company to service to all electric distribution locations where fac~l~Jes of adequate capac~ly and suitable voltage are available II AVAILABILITY This Schedula is available only to Retail Electhc Providers ('REPs') J III TYPE OF 8ERVICE Unmetered lighting service from dusk to dawn every night, approximately 4 000 hours per J year, served from Company's existing overhead and wood pole d~sbibu~on system under the provisions specified in Section VI below The I~hflng lac~llties ~nstalled w~ll be Company's standard approved facilities for the pert~cular appl~cabon The fac~hbes provMed In exchange for the rates In Section IV below are specified in Section VI below J IV MONTHLY CHARGE .~ Lamp Monthly Rate " ~ Wa(ta~e .kWh _Per Lamp _Security Ughts High Preseum-Sodlum I Open 100 38 3 $2 80 Mercury Vapor / Open 175 700 $1 96 High Pressure Sodium / Flood 1 O0 38 3 $3 45 High Pmseure Sodium / Floed 400 1500 $380 f High Pmesure Sodium I Flood 1,000 367 3 $5 44 Mercup/Valx3r I Flood 400 153 5 $2 97 ~ Mercup/Vapor I Flo<x:l 1,000 387 3 $3 98 Metal Halide / Flood 1,000 367 3 $6 50 Ttte Mon~ly Charge wfll-alsP ~cllJde,charges.purssant toall other schedules under which ~ service isprovided at ~tte Iocati~ plus:allapl~cable taxes (Cont'nued on reverse side) 0004~ EGSI U OS F~lmg ~ Page 8 OTHER LIGHTING SERVICE FEES A Installation Lamp Lamp / Fixture Type Wattage Installabon Security Lights High Pressure Sodium I Open 100 $ 41 00 Mercury Vapor / Open 175 $ 40 00 - ' Flesd Ughte High Pressure Sodium I Flood 100 $ 75 00 High Pressure Sodium I Flood 400 $ 89 00 High Pressure Sodium I Flood 1,000 $148 00 Mercury Vaporl Flood 400 $ 91 00 Memury Vapor I Flood 1,000 $133 00 Metal Halide I Flood 1,000 $138 00 B Turn-On or Turn-Off Upon request of the REP the Company will tum-on or turn-off a hghbng / Installation The Company will charge $37 00 for a turn-on or turn-off of the lighting facility C Removal Upon request of the REP the Company will remove a lighting installation The Company will charge $53 00 for the removal of a lighting mstalla~n GENERAL PROVISIONS For the rotes bt Section IV above, the Company will Install, own and maintain the required facilities mounted on an ex[sUng wood pole or other existing support approved by the Company The REP shall pay in advance the non-refundable mstallabon fee shown m 8e~ffion V above When additional facilities not provided for in the charges m Sectmn IV are required, the REP will pay, In advance of installation, the Company"s cost to install such facilities plus the non-refundable Installation fee in Section V above The Company will replace burned-out lamps and othenvlse, maintain the equipment during L~gu)ar daytlme~ v~hours as soon as pmctlcel following not,cation by the ~~e?Comp~?y~vtll turn-on, tum-off or remove a lighting fac~hty The~lppropflate~feesdn~Seclto~V above will then apply and the REP wdl be bdled accordingly SCHEDULE NRLS (Continued on next page) ~ 00()4~ ! EGSI UCOS Fding 63-14 ENTERGY TEXAS Sheet No 7 DISTRIBUTION COMPANY, INC Effective Date Proposed JanuaPf 1, 2002 Electric D~stnbut~on Sen/me Revts~on 0 Supersedes New Schedule SCHEDULE NRLS (Cont) Schedule Consists of' Two Sheets NON-ROADWAY LIGHTING SERVICE VII SUBDIVISION LIGHTING (NON-MUNICIPAL, NON-GOVERNMENTAL) A. MONTHLY CHARGE Lamp Monthly Rate Lamp Type Wattage kWh Per Lamp High Pressure Sodium 100 g 6 $0 70 B GENERAL PROVISIONS J Subdivision lighting selvice under this Section is available to a REP under the regular terms and cond~ons of the Company in subdivisions where sen/me is i being pmvldad to locations under Schedule DSS, Distnbut]on System Sen/ice Such subdivision must contain four or more locations (or potential locations) par light. Company vail furnish, install, maintain and supply overhead sennce to I~ghta on existing wood poles spaced approximately 200 feet apa~ Where add~onal facilities are required, the REP will pay, in advance of installation, the estimated cost of such facilities The Monthly Bill under ,.qchedule DSS for the affected locations vail Include an additional Monthly Charge as shovm in Section VII A. above for each such location Such Monthly Charge wIJI also Include charges pursuant to all other schedules under which service Is provided at the location plus all applicable . j If the REP contracts to pay for strestilghting under Schedule RLS, Roadway Lighting Service to replace the 6en~ioe being provided under this section, the charges being applied under this section will terminate for the affected locations Vlti. CONVERSION OF 8E. OURITY~.UGHTS.TO'F. LOOD UGNTS Upon the request of the4REP;*,the Gompany.v/ill~'spiace an e3dsting Security Ught vath a Flood Light. The REP wa,pay in advance-the Installatmn Fee,shown above for the new light ._~__~ t~e salvage value of the existing tighL (Conbnued on reverse side) 0004.' ~ EGSI UCOS Filing 63-15 Page 10 IX SERVICE CLOSED TO NEW BUSINESS A MONTHLY CHARGE Lamp Monthly Rate Lamp Type Wattage kWh Per Lamp Mercury Vapor "Secod[y Light" 400 153 5 $2 72 The Monthly Charge will also Include charges pursuant to all other schedules under which service Is provided at the Iocabon plus all applicable taxes B GENERAL PROVISIONS J For the rote set forth above, the Company wll own and maintain ex~sttng facilities at its own cost and expense, mounted on an existing wood pole or other s~pport 1 approved by Company Company will replace burned-out lamps and otherwise maintain the equipment dudng regular daytime working hours as soon as practical following nobficatton by Customer SERVICE CLOSED TO NEW BUSINESS MONTHLY CHARGE Lamp Monthly Rate Laml~ 'l~/oe Wattage kwh Per Lamp Mercury Vapor 100 10 6 $0 50 Mercury Vapor 175 17 5 $0 49 . ~ The Monthly Charge will also include charges pursuant to all other schedules under which sea, Ice Is provided attha location plus all applicable taxes ~ B GENERAL PROVISION8 This sewlce applies to locations In subdMslons containing wood street hghhng standards and in subdivisions contaIning aluminum or concrete standards Where the Company has received a c0nlrlbuflon coveting the higher costs of aluminum or concrete standards relative to wood standards Replacement of burned out bulbs will continue for these lights However, when _fixtures a~_d/o[., bsllas.ts, ~n~,,,t ~be,repla~l, they..w[1,J ~b~_..~?pla~sed ~l,?th 1,.O0W, High ~'ressure uo~um'~axtor~tthe'~Z~mpar~i~.SW,.l~Marc~ry Vapor Xl '~ A MO U NT4D tl Biill~ ~m.A'Y~ENTa~ ~ , Any Monthly Charges due for a location billed pursuant to this Schedule wdl be billed to the REP purspant to the Company's DisVibuflon Service Standard Terms and Conditions, and shall include all applicable taxes SCHEDULE NRLS 00044 I EGSI UCOS Fihng 63-16 ENTERGY TEXAS Sheet No 8 DISTRIBUTION COMPANY, INC Effecbve Date Proposed January 1, 2002 Electoc D~stnbubon Service Revimon No 0 Supersedes New Schedule k SCHEDULE PLS Schedule Consists of' One Sheet Plus Attachment A PREMIUM LIGHTING SERVICE AVAILABILITY Schedule PLS is available under the cond~llons spac~tied herein for service to Retml ~ Electric Providers (REPs) contracting for I~hbng services from factlRies supplied by Company where faclliltos of adequate capacity and suitable voltage for the eervice are ~ available and service la token under the Company's regular terms and cond~tlens J I1 TYPE OF $ERVlCE J Servk:~e provided under this Schedule PLS are unmetored lighting servicee served from .~ Company's existing dis~butlon system that Company agrees to provide The b/pas of services provided under this Schedule PLS, along with the Net Monthly Charge, are specified In Attochment A to this Schedule J III NET MONTHLY BILL The Net Monthly Bill shall be the total of the Net Monthly Charge and AdJustments, as defined below ] A. Net Monthly Charge A revenue requirement will be developed for each lighting service served under this torlff The revenue requirement will include, but not be limited to, the total cost J Install, obemta, maintoin and recover an allowed tatum for this service over its expeoted useful life A monthly charge well be developed that vail recover the above- mentioned revenue requirement over its expected useful life This monthly charge may be further adjusted to be consistent w~th the monthly charge of the Company's existing lighting services that is deemed to be related in the b/pa of service which it provides The resulting charge (the 'Net Monthly Charge') for a pa~cular lighting service covered under this torlff shall be available for any REP wanbng the same J padJoJlar service B Monthly kwh Determination J mo~thly&'Wh~ll bems..spaclfied in Attachment A and determined based upon The Imputed bum beum for the installed toclln'y ~ ' (Conbnued on reverse s~de) " 00045 EGSI UCOS Fihng 63-17 Page 12 IV REGULATORY APPROVAL PROCESS The Company may pmwde a new hghtmg service under th~s Schedule PLS by fihng of a revision to Attachment A to this Schedule along wdh supporbng documentabon and workpapers under appropnate regulatory protecbve orders w~th the PUCT Such new sec'ica o~fering shall be effecWe mnety (90) days from the date of fihng, or on the proposed effecbve date unless suspended by the PUCT If suspended by the PUCT, the PUCT will have sixty (60) days following the filing to render a decision on the filing V GENERAL PROVISIONS '-. Company will install, own, and maintain the facil~lies provided under this Schedule PLS Company will service and maintain the faalltles dudng regular daytime woddng hours If the Company shall at any lima or limes be prevented from delivering this I~ghling sennce by forces beyond Its control, the Company will not be held liable for any damages that might occur due fo the lack of delivery If Company experiences excessive lamp reptacemanta or maintenance expense because of vandalism or other causes beyond its control, it resewes the dght to disconbnue the serv~ca Vl PAYMENT All charges will be billed monthly to the REP CONTRACT PERIOD The contract between the Company and the REP shall be for a minimum peded of one year and, at Company's option, may be longer to justify the investment in facilities provided under this Schedule PLS SCHEDULE PLS 00046 EGSI UCOS Ffitng 63-18 Page 13 ATTACHMENTATO SCHEDULE PLS SER~CES OFFERED .Descnpt on Monthly Net Monthly kwh Charge J SCHEDULE PLS 0004 / EGSI UCOS Fflmg 63-19 SECTION III I:~TE SCHEDULES Page 14 ENTERGY TEXAS Sheet No 9 DISTRIBUTION COMPANY, INC Effectn/e Date Proposed Janua,'y 1 2002 Electnc D~stnbut~on Serv~_.e Revision No 0 Supersedes New Schedule SCHEDULE NUS Schedule Consists of One Sheet NEWIUNBUNDLED SERVICES PLAN I APPLICATION __ This NewlUnbundled Services Plan ('Plan') Schedule NUS ('Schedule') defines the procedures to add, unbundle, and eliminate discmfionary sennces II DEFINmON$ System services are as defined in PUC Suas? R 25 341 ('System Sen'ices') Discretionary services are as defined in P U C Suns1' R 25 341 ('D~sc~stiona~7 Services') IlL NEW SERVlCEE~/UNBUNDMNG~/EUMINATIO NS A. Gensml The Compar~y may add, unbundle or eliminate Discretionary Sen'ices in accordance w~th the provisions of this Schedule, so long as the Parameters specified in Section IV are satisfied The review process for any filings of pmposad additions, reclassifications, or eliminations hereunder is as specified In Sectmn V Described below are the spac~fic types of filings that can be made under th~s Plan B New Services The Company may provide a new Discretionary Service (a 'New Service') Such event shall be reflected, as appropnate, by creation of, or revision of, Company rate schedule(s) C Unbundlings The Company may unbundle, as a D~ecretlonary Se~ce, a service or actwRy previously provided as part of System Service (an 'Unbundled Service') Such event shall be reflected, as appropriate, by oreation of, or revision of, Rate Schedule(s) D Eliminations The Company'mlay~csase~to, offer:~acsewice.-or-activtty prevlousty-provided as a Disca-ea3narye~enace~(an:~Elimlnsted Sewlce') Such event shall be reflected, as approlxlate~by~mely~llmlnatton of, or revision of, Rate Schedule(s) PARAMETER8 FOR NEW 8ERVICE8/UNBUNDLINGS/EUMINATIONS IV A.The price of a New Service or an Unbundled Service shell be based on embedded costs to provide such New Service or Unbundled Serv;ce B A New Service or Unbundled Service effenng shall be voluntary to REPs (Continued on reverse side) 000 8 ~GSI-U--COS F~hng 63-20 Page 15 A New Service or Unbundled Serv~.,e offenng shall be made available to all s~m~larly situated REPs An Ehmmated Service must be shown to have a lack of an appropriate level of market demand or must be shown to be compet]tn/e REVIL=W AND APPROVAL PROCESS Filings of proposed New Sen, Ice(s), Unbundled Sen'me(s) or Eliminated Senqce(s) (a "Plan Filing') shall be mede ninety (90) days In advance of the proposed effective Company shall provide to the Staff of the Commlssmn ('Staff") suppor~ng documentatmn and workpapers to prove that the Pammetem am satisfied A Plan Filing w~ll be considered approved ninety (90) days after the filing date unless, within such ninety (90) days, a party requests and the Commission approves that the Plan Filing be docketed If so docketed, the Iradi~onal suspension period for tariff review will apply SCHEDULE NUS 000 9 EGSI UCOS F~ling 63-21 SECTION III RATE SCHEDULES Page 16 ENTERGY TEXAS Sheet No 10 DISTRIBUTION COMPANY, INC Effecbve Date Proposed January 1 2002 Electric D~stnbubon Service Rews~on No 0 Supersedes New Schedule SCHEDULE MDS Schedule Consists of' One Sheet MISCELLANEOUS DISCRETIONARY SERVICE CHARGES APPLICABILITY Charges shall be assessed to Retail Ele~ric Providers ("REPs') In accordance wilh the provisions and prices herein for the actNities and services listed below II AVAILABILITY This schedule is available to all REPs III DESCRIPTIONS Connection A charge of eleven dollars ($11) per event will be assessed for those services provided in order to connect a REP's Customer's new Point of Common Coupling (as defined in the Company's Distribution Service Standard Terms and Conditions) to the Company's electric d;stnbution system or to make coonecUon changes to a REP's Customer's existing Point of Common Company's electric distflbubon system Coupling to the Reconnecflon During Normal Business Hours A charge of twenty-three dollars ($23) per event will be assessed for those sewlces provided in order to reconnect a REP's Customer's Point of Common Coupling to the Company's elec~c distribution system dunng normal business hours where service has been temlinated er suspended Service will not be reconnects, ed until the total amount of any funds due the Company plus the above charge(s) have been paid Normal business hours ars de§ned as 8 00 a m - 5 00 p m Monday through Friday, excluding holidays Reconnecflons After Normal Business Hours A charge of fifty-sevan dollars ($57) per event will be assessed for those services provided in order to reconnect a REP's Customer's Point of Common Coupling to the Company's electric d~strtbution system aRer normal business hours-where sswlce has been*terminated or suspended 8ew~ce will not be recemmcted~unfll~he'~c~al~rnou~=an~;'u, __~_ue.~the Company4dus the above c~$)~have~l~onnald~usinos~,oum~am~lefined~us-8.00 ant - 5 00 p nt Monday4hrough~,dda~lng:hoiklays Trip Fee for Attempted Disconnects end Reconnects A charge of seven dollars ($7) will be assessed when Company is reqmrsd to dlspatcfl an employee to a REP's Customer's location dudng normal business hours for disconnection or reconnacflon of disb-ibut~n service, but is unable to complete the requested work due to c~rcumstances w~thin the REP's Customer's control Normal business hours are defined as 8 a m - 5 p m Monday through Friday. excluding hohdays (Continued on reverse side) 00050 EGSI UCOS Ffimg 63-22 Page 17 Other Trip Fee A charge of fody-seven dollars ($47) will be assessed when the Company ~s required to dispatch an employee where the problem is on the REP's Customer's side of the Point of Common Coupling or the job cannot be completed due to circumstances w~thm the REP s Customer's conb'ol This includes, but is not limited to, the following cond~bons (1) any bme the problem is on the Company's side of the Point job requlrss a bucket truck and lineman and the of Common Coupling, but the Job cannot be completed due to circumstances w~th~n the REP's Customer's control, (2) any time the job is in response to a 'hghts out' call and the problem ~s determined by the Company employee to be on the REP's Customer's side of the Point of Common Coupling, (3) when any contractor or employee is dispatched during hours oth_er than normal bussnese hours and the job cannot be completed due to circumstances within the REP's Customer's control The charge ~or condition 2 above does not apply when the outage Is occurring at more than one delivery point on that particular transformer or feeder The charge does not apply when the Company dispatches an employee to perform a disconnect or reconnect of service during normal business hours Normal bualnese hours are defined as 8 a m - 5 p m Monday through Friday, excluding holidays Temporary Metered 8ewlce Conne,~on A obarge for temporary service conne<~lon and meter Installation be assessed where distribubon lines are readily avaliabla and the Installation of additional poles and lines Is not necessary to provide aewlco to the REP's Customer, as follows · Forty-five dollars ($45) on each occasion for overhead service · Seventy-five dollars ($75) on each occasion for underground service W~ere distribution lines ars not readily available, or where additional poles or lines are necessary, charges will be derived based upon the Company's Temporary Service to Customers fi'om the Company's ~ution Facilities policy Meter Test at Customer Request Meter testa will be performed at the request of the REP If the meter test detarmlnss the meter is accurate, then the following charges Will be assessed ·Sevanty-eeven dollars ($77) for self-contained metare · Ninety-five dollars ($95) for transformer, rated metare Planned Maintenance of Dla~butlon Equipment After Normal Business Hours Planned maintenance.of. Compal~-'~~ulpment..is~o~nl~lly.~compteted dunng .no ..p,. to ""~u "'~uu""~lU -Tlon'nal business'hours The charge for providing re. ere ,~m,r,r,r,r,r,r,r,~. en~i.' .r0ds,comr.~,-~uor.~.<~;'~abor and equipment to perform melntananca, a coarge~ln"not~De generically estlmeted Payment for this service Will be mede by the REP m advance,of the wo~ and 'Mil be based on estimated costs Non'nal business hours are defined as 8 00 a m - 5~ 00 p m Monday through Friday, excluding holidays Re. read Meter or Off-Cycle Meter Read A charge of ten dollars ($10) WIll be assessed when the Company is requested to re-read a meter or read a meter at times other than the normal metanng reading cycle 'SCHEDULE MDS O00s1 lng 63-23 SECTION Ill RATE SCHEDULES Page 18 ENTERGY TEXAS f Sheet No 11 DISTRIBUTION COMPANY, INC / Effective Date Proposed January 1, 2002 Eleclrlc Distribution Service Revision 0 Supersedes New Schedule SCHEDULE CTC Schedule Consists of One Sheet COMPETITION TRANSITION CHARGE I APPLICABILITY -.. This Schedule and the charges hareln are applicable to all Retell Electr~ Providers (*REPs") under the regular terms and conditions of lhe Company for all locations of the REPs' Customers wl~in the Company*s sewlce terflto~ The app~abte Monthly Charge(s) In Section II below shall bo applied to service locations of REPs' Cuslomem based on lho asso~ated Company rate schedule(s) ('Pre-ROA Schedule(s)") that were In effect Immediately prior to the date locations were permitted to choose their provider of oidctrl~l~ supply under retail open access (*ROA Date"), as provided below A. If the asn~e Iocalion existed and was being sewed as of ROA. tho applicable Monthly Charge(s) shall be based on tho Pre*ROA Schedule(s) under which servica was historically provided to such location B If tho ast~/~e location did not exist as of ROA, the appllceble Monthly Charge(s) shall be based orl lbo Pre-ROA Schedule(s), excluding SSTS and IS schedules, under which service would have been provided C If the aswlca ideation existed bet was not being sewed as of ROA, the applicable Monthly Charge(s) shall be based on the Pre-ROA 6chedule($) that would have applied to tho service location based on the most recant historical application prior to ROA. D Where tho servlca location's uffilzatlon and purpose changes after ROA such that the utilization and purpose is materially diffarant than it was on that date, the Pm- ROA Schedule(s) that would have applied to tho service location's new utilization ,.. and purpose shall apply II MONTHLY CHAR, GE '-' Rate,Schedule .A. ,~fh,. t_~ ~-~ ! Cbe/Ee . ~..,~.~ ~.~..~.~~_. _ Wce Ail Blll~g kWh 1 863 Mllls/kVVh - ~lJMS,,'~r~t~sd 8ervlcas All Billing kWh 1 863 Mills/kWh ~' TBS, Muhi~oal Traf~ Signal Service All Billing kWh I 863 Mills/kWh L G$, General Set.ice Ail Billing kwh 1 742 M~lls~Wh GS-TOD, General Service Ail Billing kWh 1 742 M~lls/kWh LG8, Large General Service Ail Biqing kWh 1.254 MlllsJkVVh LGB-TOD, General Service Ail BillIng kWh 1.254 Mills/kWh (Conbnued on reverse side) 00052 EGSI UCOS Filing 63-2.4 Page 19 Rate Schedule I Applies lo Charge LIPS, Large Indus~al Power Service All B~lhng kWh 1 071 Mills/kWh LIPS-TOD, Large Industrial Power Servme All B~lhng kWh 1 071 M~lls/kWh SSTS, Supplemental Shod Term Service Ail Billing kWh 0 385 Mdls/kVVh IS, Interrupflble Service Ail Bdling kwh 0 729 Mills/kWh RLU, Residential Street Lighting Services Ail Billing kWh 0 995 Mills/kWh o SHL, Street and Highway Lighting Service Ail B~ll~ng kWh 0 995 Mills/kWh ' ALS, Area Lighting Sen/me All Billing kWh 0 995 Mills/kWh LS-E, lighting Service To Existing Installations Only Ail Billing kWh 0 995 Mills/kWh SMS Standby and Maintenance Service Contra=ted Standby 8andce kW Cma'acted kW 8 5~W Standby and Maintenance Service kWh Ail Billing kWh 1 071 MilisJkWh IV BILLING KWH AND METERING ADJUSTMENT Billing kWh shall be all measured kWh consumption at the Iocaaon during the billing month, subject to the metering edjuslmente described below When sentlce Is metered al a voltage higher than the voltage at which the sewlce ts delNered ('Delivery Voltege"). metered quantiUes will be reduced by I 5% for each transformation step to the Delivery Valtage When sewlce is metered at a voltage lower than the Delivepj Voltege. metered quantifies will be Increased by 1 5% for each transformation step to the Delivery Voltage V AMOUNT DUE AND PAYMENT The Monthly Charge due for a location billed pursuant lo this Schedule will be billed te the REP pursuant to the Company's Distribution Sewlc, e Standard Terms and Conditions, and shall inciude all applicable taxes SCHEDULE CTC 00053 EGSI UCOS Fd~ng 63-25 ~l::bllUl~l III t'(AII'' bl.,,fll:l. JULl::,~ Page20 ENTERGY TEXAS ! Sheet No 12 DISTRIBUTION COMPANY, INC E~fective Date Proposed January 1, 2002 Electric D~stribution Serwce Revision 0 Supersedes New Schedule SCHEDULE NDC Schedule Consists of' One Sheet NUCLEAR DECOMMISSIONING CHARGE APPLICABILITY This Schedule and One charges herein am applicable to all Retail Electric Prova:lers ('REPs') under the regular terms and cond~Oons of the Company for all locations of the REPs' Customers within the Company's sen4ce territory The appl~cabte Monthly Charge(s) In Section II below shall be applied to sen4ce locations of REPs' Customers based on the associated Company rate schedule(s) ('Pre-ROA Schedule(s)') that were In effect Immediately prior te the date locations were permitted to choose their provider of electricity supply under retell open access ("ROA Date'), as provided below A. If the sewice IocaUon exteted and was being served as of ROA, the applicable Monthly Charge(s) shall be based on the Pre-ROA Schedule(s) under which service was historically provided to such location B If the service location did not exist as of ROA, the applicable Monthly Charge(s) shall be based on the Pre-ROA Schedule(s), exbludlng SSTS and IS schedules, under which service would have been provided C If the service location existed but was not being served as of ROA, the applicable Monthly Charge(e) shall be based on the Pre-ROA Schedule(s) that would have applied to the service location based on the most recent historical application prior to ROA. D Where the service location's ublization and purpose changes alter ROA such that the util~zalJon and purpose is materially different than it was on that date, the Pre. ROA Schedule(s) that would have applied to the service location's new utilization and purpose shall apply MONTHLY CHARGE Rate Schedule ! Applies to Cha~e RS, Residential ~en4ce AII,BI~ 0 325,Mills/kWh R~.TOD;~Residential~en4ce All Billing kwh 0 325 Mills/kWh SGS. Small General Service Ail Bdling kW'n 0 345 Mills/kWh UMS, Unmatered Sen4ces All Billing kwh 0 345 Mills/kWh TSS, Munldpal Traffic 8~gnal Service Ail Bilhng 16Nh 0 345 Malls/kWh GS, General Service All Billing kwh 0 265 M~lls/kWh GS-TOO, General Service Ail Billing kwh 0 265 Mills;kWh LGS, Large General Smvlce Ail Bdhng kWh 0 198 Malls/kWh LGS-TOO, General Service All Billing kwh 0 198 Malls/kWh (Continued on reverse side) 000$z] IJ(]OS F~lmg 63-26 Page Rate Schedule Apphes to Charge LIPS, Large Industrial Power Service All Bilhng kWh 0 160 MdlsJkVVh LIPS-TOD, Large Industrial Power Service All Bdhng kWh 0 160 M~lls/kWh SSTS, Supplemental Short Term Service All BIIhng kWh 0 160 Mills/kWh IS, Intermpbble Servme All Bdhng kwh 0 221 Mills/kWh RLU, Residential Street Lighting Services All Billing kwh 0 163 Mills/kWh SHL, Street and Highway Lighting Service Ail Billing kwh 0 163 Mdls/kV~ ALS, Area IJghting Service All Bdling kwh 0 163 Mills/kWh LS-E, Lighting Servlce To Existing Installations Only All Billing kwh 0 163 MIIls/k4/Vh SMS Standby and Maintenance Service Ail Billing kwh 0 160 Mills/kWh 'BILLING KWH AND METERING ADdUSTMENT Billing kwh shall be all measured kWh consumption at the Io~tlon dudng the billing month, subject to the metering adJuslmenta described below When service is metered at a voltage higher than the voltage at which the service is delivered ('Deliveq~ Voltage"). metered quantitfes ~11 be reduced by 1 5% for each transformation step to the Delwe~y ~VuOa~lt~ee_ ..~W~,, ~_ ,se_rvlce is .m. ere. _r~l~.ate volta.ge I~.er than the Delively Voltage, metamd ,~ uu=a wm u~ ~ncrease~ Dy 1 5% ~or each Iransrorma~on step to the Dellvmy Voltage AMOUNT DUE AND PAYMENT The Monthly Charge due for a Iocetion billed pursuant to this Schedule will be billed to the REP pursuant to the Company's DIs~bution Se~ce Standard Terms and Conditions, and shall Inctude all applicable taxes SCHEDULE NDC 00055 EGSI UCOS Fdmg 63-27 omc. I lul~l Ill t~A I I~ SCHEDULES Page 22 ENTERGY TEXAS Sheet No 13 DISTRIBUTION COMPANY, INC Effecbve Date Proposed January I 2002 Electric Dmstnbut~on Service Rews~oe 0 Supersedes New Schedule SCHEDULE SBFF Schedule Consists of' One Sheets SYSTEM BENEFIT FUND FEE I APPLICABILITY _.. This Schedule and the charges herein are applicable to all Retail Electric Providers ('REPs') under the regular terms and conditions of the Company for all Iocabons of the REPs' Customers w~hin the Company's service territory II MONTHLY CHARGE Rata Schedule Applies to Charge J Ail Rate Schedules All Billing kWh 0 5 Mills/kWh III BILENG KWH AND M= I ~-RING ADJUSTMENT I BIl~ng kWh shall be all measured kWh consumpbon at the Ioca6on dueng the billing month, subject to the metering adjustments described below When service is metared at a voltage h~gher than the voltage at which the service is delivered ('Del~very Voltage'), I metered quantifies vail be reduced by 1 5% for each tmnsfcrmation to the step Delivery Voltage When service is metered at a voltage lower than the Delrvery Voltage, metered quant~tiea will be Increased by 1 5% for each transfom'mtlen stap to the Delivery Voltage .j IV AMOUNT DUE AND PAYMENT The Monthly Charge due for a location b~lled pursuant to this Schedule will be billed to the REP pursuant to the Company's Dlel~bufion Service Standard Terms And conddlons, and shall Include all applicable taxes 00056 EGSI UCOS Filing 63-28 ENTERGY TEXAS Sheet No 14 DISTRIBUTION COMPANY, INC Effective Date Proposed January I 2002 Electric Dlstrlbu~on Service Revision No 0 Supersedes New Schedule SCHEDULE OAM Schedule Consists of One Sheet OP~ONAL ADVANCED METERING APPMCABILITY Charges shall be assessed to Retail Electric Providers ("REPs') In accordance w~h the provlslone here~n for the actwities and san/ices descnbed below II AVAILABILITY This schedule Is available to all REPS III, DESCRIPTION OF SERVICE When the REP the Installation of advanced requests metering equipment, the Company will Install one of the types of advanced metering equipment options ava;labia from the Company Advanced metering Is metedng that has functionality beyond that required by thee Company to bill distribution charges The advanced metering options the Company provides will be limited to equipment Ute Company maintains ~n inventory anc~ fo~ wthch the Company has the required infrastructure to support data collection Current advanced metering options are available from the Field Metering Supenqsor at 409-785- 2232 The optional advanced metering offered w~ll change over time based on availability If the REP requests meteflng equipment to be installed that is not in the Company's current Inventory of advanced metering, the Company will make reasonable efforts to acquire and Install the equipment. The costs of the advanced metering will be borne by the REP The REP or the REP's Customer may have read-only access to advanced metenng w~th remote Interrogation to parl'orm data collection If the Company does not have the required reading capability (hardware or soRv/are) to support data collection for purposes of calculating distnbut~on b~lling determinants, the Company w~ll add the necessary capabilities The costs to add reading capabilities will be borne by the REP IV. REP'S RESPONSIBILITY The REP will an'ange~for.,eccaes.by.a~..,ompany~,porsonnel to the-REP's Custerner's Premlae~and~theaadvanced=aletering]~during~-Ttormal~.buelness.houm, 8a m - 5p m Molldayathro~Jgh-,Friday,,exctedlng!hotidays,~for the purposes of maintenance, testing and reading/cotiecflllg~sage~nformation required for the Company to bill distribution charges metenng ',,nth optional remote Interrogabon, then the REP ~s If the REP advanced responsible for providing a standard rocca grade phone I~ne to the advanced meter The Company will not be responsible for any monthly phone charges, maintenance or other costs In providing the phone line to the advanced meter In some cases the phone line may be shared with other applications subject to the Company's approval If the Company prov~les a read-only access opbon to advanced metenng and the REP elects to have read only access to remote/y interrogate the advanced meter, then rt w~li be (Conbnued on reverse side) 00C)57 EG$][ [JCOS Filing 63-29 the REP s responsibll~'y to procure software, related computer equipment or any other matenals necessaP/to remotely communicate and retrieve informabon from the advanced meter V DETERMINATION OF COST The cost of advanced metenng w~ll be based on ~ncremental cost The ~nc.'emental cost of advanced metenng is any estimated labor charges wRh overheads plus the positive difference between the cost of the advanced rnetenng (~ncluding required reading capability (hardware or software) to support data collection) and the cost of the standard metering VI PAYMENT Payment for the cost of advanced metering will be due prior to the ~nstallation of the advanced metering by the REP ' SCHEDULE OAM EGSI UCOS Fd~ng 63-30 ENTERGY TEXAS Sheet No 15 DISTRIBUTION COMPANY, INC Effectn/e Date Proposed Janua~/1 2002 Electric DIstnbu~on Service Rewsion 0 Supersedes New Schedule ~ SCHEDULE IPODG Schedule Consists of' Two Sheets Plus Exhibit A t and Attachments A & B INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION I AVAILABILFrY "- Company shall interconnect dl$~buted generation as described in P U C SubsL R 25 211 and 25212 pursuant to the terms of the Agreement for Interconnecbon and Parallel OparalJon of Distributed Ganeralfon which Is Incorporated herein as Attachment J II APPLICATION FOR INTERCONNEGTION J A person seeking Interconnac. lion and parallel operation of distributed generabon vath Company must complete and submit the AppllcalJon for Interconnecflon and Parallel Operation of Distributed Geneml~'t with Ihs Utility System, which is incorporated here~n as Attachment B I III PRE4NTERCONNECTION STUDIES Pre-lntemonnec~len studies may be required and Conducted by Company or by the Company's authorized agenL The definitions of these studies, the fees therefor and applicability are listed below 1. Definitions A. Service Study An on-site analysis used to determine the interconneebon requirements and the system voltage for prcwlding pamllet service to a customer with dls~butnd generalJon (DG) It may vary In scope, but it results in the minlmum information for attaching a small DG unit at a partmular Iocabon on the disbibuflon system or results In ldentJ~ng the necessity of fu~her studies for a larger unlL B. Coordlnsflon Study' An engineering analysis that determines whether the presence of the D(3 unit at a parl~uler Iocaben would Interfere with the protecave fusing and relaying on the dlstdbuflon~kystem and,includes~an.analysts of the DG con~tbutJon ~o power flow, VAr flow,,~avallabte~mlt..ctgmnt,~effects on s~tched (Continued on reverse s~e) E SI U d~ng Page 26 C Utility System Impact Study ^ number of different engmeenng studies that, at a minimum, model the distdbotlon system with the proposed DG in place The modeling must determine whether the feeder will be able to support the DG unit w~thout introducing reliabihty problems or ~nterTupbons m serwce to other customers The study must also include a transient analys~s to deten'n~ne the potential for stability problems If the model and transient studies indicate that power, under e~ther normal or abnormal conditions, can flow back to the substabon and/or onto the transmission gdd, then these same studies are also required for the transmission system. 2. Fees '- A Service study: A one-time fee 0f$225 B. Coordination study= An hourly fee of $240 C.Utility ~/stem Imp-ct study: May be conducted by Company Internal resources or by consulting engineering firms at ccat plus 6% 3. Fee Applicability A. No fee Is charged for any pre-certified (according to PUCT definition) DG un~ up to 500 kW that expo~ts not more than 15% of the total load on a s~ngle radial feeder ,=nd conl]tbutes not more than 25% of the maximum potenbal short-c~rcmt current on a single radial feeder B. No fee IS charged for any pre-certified (according to PUCT defimtion) distributed Inverter based generation unit up to 20 kW connected to a distribubon network C, For any pre-certified DG unit up to 600 kW that exceeds the limits defined ~n A above, or any pre-certified DG unit above 500 kW, the above fees apply as required for any pre-lntercoflnecflon studies required by the Company D. For any non-certil'~l DG unit, the above fees apply as required for any pre-- Intemonnas~ion similes required by Ihe Company E. The above fees apply for any pre.lnterconnection studies required by the Company for I~ltemonnection of DG to either radial feeders or dlstnbubon netwod<s IV, TERMS AND~CONDmoI~ OF. SERVICE~ pro~ded~ire~cOlltainedflll~.U.C~8ubst.~R.' 25.211 and~25212, which are incoq~orated hereln'~oY'fefonalce,~llld,'fll~ther.'a~greement'for Intemonnectton and Parallel Operation of Dislfl'otited..Gef~erat~l~ which is Inoorporafed herein The rules are subject to change from time to time as detemlioed by the Commission Such changes shall be automatically applicable hereto based upon the effective date of any Commission order or mia amendment. SCHEDULE IPODG (Conhnued on next page) 00060 EGSI UCOS Flhng 63-32 SECTION Ill RATE SCHEDULES Page 27 ENTERGY TEXAS Sheet No 16 DISTRIBUTION COMPANY, INC Effective Date Proposed January I 2002 Electric D~stnbut~on Serwce Rews~on 0 Supersedes New Schedule SCHEDULE IPODG (Cont) Schedule Consists of Two Sheets Plus Exhibit A and Attachments A & B INTERCONNECTION AND PARALLEL OPERATION OF DISTRIBUTED GENERATION V RELATED TARIFFED SERVICES Off,er services as descnbed below may be prowded as requested by the customer pursuant to negobabons and agreement by the customer and Company and may be subject to approval by the Commission Standby and Maintenance ~e~vlce' Applicable and available to the requirements at the s~te of the DG and only to customers who have their own generation equipment and who contract for Standby and Maintenance Service pursuant to Schedule SMS, Standby and · Maintenance Service Sen~.e under Schedule SMS w~ll be available only unbl January 1, 2002 ~ t Supplemental Servlee Applmable and available to the requirements at the site of the DG and only to customers who have their own generation equipment but who also require 1 firm power servme m add~on to service prowded under Schedule SMS, Standby and Maintenance Service Supplemental Service may be provided under any of the Company's rate schedules applicable to customer's requirements at the site of the DG only Service under any such rote schedules w~ll be available only until January 1, 2002 SCHEDULE [PODG O006J. EGSI UCOS Fflmg 63-33 Page 28 EXHIBIT A LIST OF FACILITY SCHEDULES AND POINTS OF INTERCONNECTION Facility Schedule No Name ofPomtoflnterconnecbon [insert Facility Schedule number and name for each Point of Interconnaction] J ' 00062. EGSI UCOS Fdmg 63-~4 ATTACHMENT 3 RELIANT ENERGY HL&P 00063 Section IV-Rate Schedules Sheet No D01 R. es~denual Ser~ce - RS Page 1 of 3 RELIANT ENERGY I-II~P Apphcable Entwe Service Area I-[L~P X~C~X RESIDENTIAL SERVICE - RS AVAH,A~BH JTY Elec~_c Power Dehvery Servzce la available at all points where factht:es of adequate ° capac:ty and suitable voltage are adjacent to the prermses to be served Where adequate capacity or service of the type dem'ed by the Reta~l Customer Is not adjacent to the premases to be served, edch~onal coiiK~t arrangements may be requtred pnor to ser~¢e being furmshed Kehant Ener~, ~ ~ or~y prowde for the dehvery of elect~c power Re.ti Cu~tom~ s electric power must be prowded by the Retail Customer's REP m accordaace vath Apphcable Legal Authorities and the Company's Tariff APPLICATION Th~ tanffis apphcable to Electric Power Dehvery Sennce for electnc power prowded by the Retml Cu~omer's RFP and reqmred for re~dent~al purposes m mdlwdual pnvate dwelhngs and m mdivldually metered apartments when such electnc power is dehvered to one Point of Dehve~ and measured through one Meter Where two to four fanuly or housekeeping umts are served through one Meter, the lolowatt-hour steps m the variable charge aad the fixed charge wxll be mult~phed by the number ofumt~ for b~mg purposes Where more than four fanuly umts or apartments are served through one Meter, b~hng vail be under the apphcable general service or commercial rate ~hedule This tanffis not apphcable to electn¢ power dehvery service prowded for electn¢ power supphed by Retad Customer's R~ for Temporary or Resale purposes I~ tlus rate schedule ~ taken for olectn¢ power dehvery service for electnc power supphed by ll~ml Customers REP for Standby or other mterauttent propose, Company m~y, at ItS sole d~screaon, reqture the Retml Customer to make ~dchuo~l coah~mal arra~gem~s and/or require arldmonal metering TYPE OF SERVICI~ Electric Power Dellvery v~l be ~g!e or three-phase, 60 hertz, 120/240 volts altemarmg current, as de~:n~d in the Company's Serwce Standards Set.ce ~ be metered using Company's ~ldard w~tt-hour meter provided for th~s type ser~nce Any other metemg option(s) ~ be provided at an additional charge Rev~slonNumber Onguml Effective 1~1-2002 ~822 Figure .INP-3 000~ Sec-non IV-Rate Schedules Sheet No D01 Res~denual Semce -ILS Page 2 of 3 RELIANT ENERGY ~ Apphcable Entare Servme Area HL&P XXXX MONT~.Y BII The monthly bill shall be the sum of the nonbypassable dehvery charges calculated under (1) through (4) below, less any apphcable erecht stated tn (5) below ( 1 ) Trarmmtsmon amtDl, irdmtton Utthty charges (a) Freed Charge $3 73 per month. gadmonal~Charge $3 35 per month for Cu~omer~ vnth tzne-of. day-metenng with two re~ter~ (e) Vmable kWh Charge $0 009785 per kWh for the Ilm 250 kWh, plus $0 029182 p~r kWh for all add~onal kWh that kwh tlsa~e 111 ~cess of' 800 kWh m the bfih~g months of November through April will be billed at $0 017693 per kWk (d)Tnmsm.,~on Cost Charge An amount determined m accordance with Rider TCRF (2) ~m Ben,fit Fw~dFee An amount &~enmned m accordance w~th Rider SBF (3) C°mt~tltwnTran~t~onCharge An amount determined m accordance with Rider CTC (4) Trar~t~on Charge An amount determined m accordanc~ vath Schedule TC and the F'man~ng Order in Dooket No 21665 (5) Municipal Account Frarwk~ Credit Acreditequaltotheamountoffranchisefees included tn the Transmission and D~ribu~on Utfl~ Charges will be appbed to that,,, m,~ipahty,~md~vho ,hav~ ~ned an approprme Franchise Unless otherwise pro~nded by speolal arrangement, the mvolce for semce under this rate schedule vail be es promded for tn the Semce Poales and Ragulal~ons tn the Company's Tariff Rcwslon Number Original Effective I-I-2002 O00g$ Figure JNP-3 1823 Section IV-Ra~e Schedules Sheet No D01 Res~denual Sermce- RS Page 3 of 3 RELIANT ENERGY HL~P Apphcable Enure Serwce Area HI~P CONTRACT PERIOD Electnc Power Dehvery Service under flus rate schedule ~s avu,lubl¢ open order (month tO month) unless a specual condmon requires a wntten contract NOTICE Ek~.i.¢ Power Dchver7 Ser~nc~ fi~rm~hed under fins rate ~¢hedule ~ mbj~ to tho Semce Rules and Kegulauons m the Company's Tanff Revision Number Original Effective 1-1-2002 1824 l~gure ~NP.3 00066 Section IV- Rate Schedules Sheet No D02 lvfiscellaneous General Serwce - MGS Page 1 of 4 RELIANT ENERGY I-H~P Apphcable Entire Service Area I-IL~P XXXX iYIISCELLANEOUS GENERAL SERVICE - I~GS AVA, H,~BH ,r 1¥' Electric power dehvery senace I$ available at ail points where faca]mes of adequate capac~'y and the required phase and suitable voltage are adjacellt to the premises to be served Where adequate capac~y or service o£the type desired by the Retail Customer is not adjacent to the premises to be served, addmonal contract arrangements may be reqmred prior to service being funushed l~li~nt Energb' ~ will only provide for the dehvery of elecmc power Retad Customer's elecmc power must be pro,aded by the Retml Customer's REP m accordance vnth Applicable Legal Authorities and the Company's Tanff APPLICATION Tbs tanfl~ls apphcable to Electric Power Dehvery Service for electric power prowded by the Retail Customer's ~ and required for commercial or industrial purposes supphed at one prenuses through one Point o£Dehvery and measured through one Meter Ttus rate is not apphcable to indlv~dual pnvate dwellings or m mdivld-~tly metered apa~huents Tins rate schedule Is apphcable only to Retail Customers vath peak demand of 1,000 kVa or less, as measured ut the fifteen minute penod of htghest demand since 1/1/2000, and that otherwise qualify under this rate If tbas rate schedule is taken for electric power delivery set.ce for elecuic power supphed by Retail Customers REP for Standby, Supplementary or other unemuttent poi'pose, Company may, as its sole a,screuon, requtre the Retad Customer to execute an Agreement for Intermittent Use Tlas rate schedule is apphcable to eleetnc power dehvery serwce pro,aded for electric power supphed by Retatl Customer's REP for Temporary service sub.~ect to prov,.~ons of Serwce Extension Pohcy The elecmc power dehvered may not be re-metered or mb-metered by the Petal Customer for resale except pursuant to lawful sub- metenng reg,,!~ons of Apphcable Legal AnthonUes Retsil Customers previous metered ~-~- ge under this or any other rate schedule will be used, as needed, ut dcterm,,~mg the Monthly Bill. TYPE OF SERVICE Smgle.,or~hree,pbs~e, 60 hertz-and at one of the Company's standard servace voltages as descn'oed in the Company's Serwce Standards MONT~,Y BILL The monthly bill shall be the sum of' the nonbypassable dehvery charges calculated under (1) through (5) below or the calculauon made under (6) below, whichever is higher Revas~on Number Original Effecuve 1-1-2002 00067 Figure .FNP-3 1825 Secuon IV- P~te Schedules Miscellaneous General Service - MGS Sheet No D02 Page 2 of 4 KELIANT EN'EKGY HL&P Apphcable Entire Service Area HL&P XXXX (1) Trctnsmtsston andDtstrtbutton Utthty charges (a) Freed Charge $7 78 per month (b) Variable Demand Charge $1 06 per kVa for each Billing kVa over 10 kVa~ (¢) Variable kWh Charge During the bdlmg months of May through October, $0 021043 per kWh for the first 1250 kWh or for 125 kWh p~r kVa of Billing kVa, wtnchever ~s greater;, or Dunng the bdlmg months of November through April, $0 020447 per kWh for the first 1250 kWh or for 125 kWh per kVa of Billing kVa, wluchever is greater, plus $0 015185 per kwh for the next 1700 kwh or for 170 kWh per kVa of Billing kVa, wbachever ~s greater, plus $0 002537 per kWh for all adchUonal kWh (d) Trans~ssion Cost Charge An amount determined m accordance vnth Rider TCRF (2) System 2~enefit FundFee An amount determined m accordance w~th Rider SBF (3) Competition Transtnon Charge An amount determined tn accordance vnth Rader CTC (4) Transmon Charge An amount determined m accordance ~th Schedule TC (5) Muntctpal Account Frtmchise Credtt A cretht equal to the amount of francbaze fees included m the Trausrmas,on and D~stn"otmon Utflny Charges w..ll be apphed to mumcapal a mumcipal francluse fee upon the Company based on the kWh dehvered vnthm that mumtapahty and who have s~gned an appropriate Franclns~ Agreement (6) MintrmanBtll The rranmaum btll shall be the F~xed Chargem(1)(a) above unless expense, mves~nent, and/or speeml semee arrangement to serve Retail Customer reqtures a special guarantee or payment Rews~un Number Ongmal Effective 1-1-2002 0 1826 Fagure JNP-3 SecUon IV- Rate Schedules Sheet No D02 lvftscellaneous General Sermce- MGS Page 3 of 4 RELIANT ENERGy I-I:L&P Apphcable Entire Service Area HL&P XXXX DETERMINATION OF BII ~1 JNG KVA FOR RETAlq'. CUSTOIV[ERS DETERMINED TO HAVE IN'r~RI~'rr~'.NT USE For Retail Custom~s w~th mterrmtt~ut use, the Bflhng kVa apphcable to the Monthly Bill shall be the higher of the Monthly kVa for the current bffimg month or 70% of the laghest monthly kVa estabhshcd m the 12 months ending with and including the current bdlmg month The Monthly kYa shall be the average kVa supphed during the 15 minute period of maxmmm use dunng the month th~n being billed as determined from meter readings DETERMINATION OF BrL~.~IG KVA FOR RET.~rL CUSTOI~IERS OT~r~.R 'rflAN THOSE WITH n~-r ~:RM1TTENT USE For Ketatl Customers other than those with mternuttent use, tho Bffimg kVa apphcable to the Monthly Bill sltall be the Monthly kVa for the current blllmg month The Monthly kVa shall be the average kVa supphed during the 15 nunute period of maxunurn use during the month then being b,lled as determined from meter readings ADJUSTMENT TO ~ VARIABLE DEMAND CHARGE If data to determine the Billing kVa as defined m flus rate schedule becomes no longer avatlable, the Company vail determine a Convermon Factor wtuch will be used as an AdJustment to thc Variable Demand Charge The Convermon Factor will apply to umt pnces per kVa such that' wheri apphed to the new demand measurement, the revenue denved bythe Company under the Variable Demand Charge, and any other billing component affected by such lack of avatlahhty ofkVa data, shall be unaffected by such lack of data Tlus adjushiient may become necessa~ because of changes m metenng capab~hues, such as, meters that record and/or measure kW vath no ab~ty to deta's~me kVa or meters whch meter data tn intervals other than 15 minutes Tbs adjustment also may become necessary due to changes m rules, laws, procedures or other chrecuves wluch nught &crate or recommend that electric power, electric power related transact~ons,~ wn-e charges, nonbyp~ble charges and/or , other transa~oas messure.dem,ndan a way-th~__~,~mcon.~ent wath the de6n,~ons and pro~:lures~v~l m the Company's T~xiff~ The edJu~huent to Variable Demand Charge m applwablomot.onlym the instances enumerated above but also for any and all other changes m demand~ietem'ana~on v,'tuch would prevent the Company from obtaining the necessary data to determine the kVa quantmes defined m flus rate schedule The Conversion Factor shall render the Company revenue neutral to any change m demand detemunauon as descn'oed above Rewmon Number Original Effective 1-1-2002 00069 F~gure JNP-3 1827 Secuon IV- Rate Schedules Sheet No D02 l~fiscellaneous General Service - MOS Page 4 of 4 RELIANT EiN-EKGY HL&P Apphcable Emote Service Area HL&P XXXX PAYMENT Unless othervnse prowded by special arrangement, the invoice for sepnce under tbs rate schedule w~U be as provided for m the Serwce Pules and Kegulauons m the Company's- Tariff CoN'rRACT PERIOD Electric Power Dehv~'y Sennc. e u.ae~ tins rat~ ~:,hedule ~s avatlable open order (month to month) unless a ~en:aal c~ndmon reqtur~ a written contract ~ Customer must pro,nde at least 30 days advan~ not~c~ to Company of cancellauon of sennce under tins rate schedule NOTICE flus rate schedule Is subject to the Sennce Electric Power Dehve~y Service furmshed under Rules and Regulations m the Company's Tariff Kev~suon Number Original Effecuve 1-1-2002 000/0 18 2 8 F~gure J'NP-3 SecUon IV-Pate Schedules Sheet No L~ge General Service - LOS Page 1 of RELIANT ENERGY HL&P Apphcable Entire Set. ce Area HL&P X2XXX LARGE GENERAL SERVICE - LGS AVAILA.BIX,ITY Electric power dehvery service ~s ~vafi~ble at all points where factht~es of adequate capacity and the requtred p~.~ and statable voltage are adjacent to the premises to be served. Whe~ adequa~ capacity or scrvlce of the typ~ deslred by the l~taxl Customer ~s no~ adjacent to the pr~m~s to be served, addit~onnl contract arrangements may be required prior to scmce being funushod Rehant Energy HL&P will only provide for the dehvery of eleotnc pov~r. Relml Customer's eleelmc power must be provided by the Retml Customer's REP in accordance vath Apphcable Legal Authonues the Company's Tariff APPLICATION Tim rato schednle ~s appheable to Elaine Power Dchver7 Service for elaine power promded by' the ~ Customer's REP mad mqutred for ¢ommerelal or industrial purposes supphexl at oho prem~ through one Point of Dehver7 and measured through one Meter This rate schednlo ,-~ appheable only to Remfl Customers vath peak demand of 1,000 kVa or less, as measured m the fitk-en m,nule period oflughest demand since 1/1/2000, and thai othei-~rise qualify under th~ rate Ifth~ rate schedule m taken for elecm¢ power dehvery servxce for eleemo power supphed by ]?amul Customer's REP for Standby, Supplemenlary or other mterxmttent ptupose, Company may, at ~ts sole dxsoretaon, require the ~ Customer to execute an Agreement for Intermittent Use Th~s rate schedule ~s applicable to power dehvery scr~ce pro~aded for eleel~c power supphod by Retail Customer's ~ for Temporary service subject to the provisions of the Service Extenmon Pohey The electnc power delivered may not be re~mete~l or sub- metered by the Retail Customer for resale except pu~am~t to lawful sub-metering regulalxons of Applicable Legal Authonlxe~ Retml Cttstomefs previous metered ttsage under th,~ or any other rate schedule vall be used, asneeded.~x detenmmng the Montl~ly Bill IfR~Illl ~er ]las't~mi~a~ Sel-Vlce ~ this rate schedule at ally nme dm'rog th~ preceding twelve months, then the Annual On-Peak kVa to be used mmally for billing purposes vall be the h, ghest On-Peak kVa estabhshed m the twelve months ending wxth and m¢lndmg the oun'~t bfll,ng month even lhollgh service may have beeI1 taken under another rate schedule Rexas,on N.mber On. ha! Effective 1-I-2002 0 0 fJ 7_I Figure .INP-3 1829 Secuon IV-Rate Schedules Sheet No D03 Large General Scrvme - LOS Page 2 of 5 RELIANT ENERGY I-IL&P Apphcable Enttre Servme Area I-IL&P XXXX TYPE OF SERVICE Three phase, 60 hertz alternating current and at one of the Company's standard service voltages as dascnbed tn the Company's Servtce Standards MONTm.Y BILL The monfl~ly bill nhnll be the ~ of th~ nonbypassable dehvery ctmrges caic~!vaed under (1) through (5) below or the caic-!~ons m-de under (6) below, wlnchever ~s higher (1) Transm~stonerndD~tribunon UalttyCharges (a) F~xed Charge $261 52 per month. (b) Vamble Demand Charges Primary kVa Charge $780 winch includes 400 Pmnary kVa plus $1 95 per kVa for all adch~aonal P~mm3r kVa Secondary kVa Charge $0 70 per kVa for all Scconda~ kVa (c) Variable kwh Chin-ge $0 012329 per kwh for the first 295 kWh per Primary kVa plus $0 001550 adchuonal per kwh for all kwh. (d) Charge: An amount det~,,,med m aecora~ce wrth Pader Trnnnm~ nslon Cost TCRF (2) b~stem Benefit Fund Fee An ~mount ~ m acco~ce ~r~th Pacler SBF (3) Compeatton Transtt~on Charge An amount detarmmed m accorannce w~th Pader CTC (4)Transttton Charge An amount determined m accordance v~th Schedule TC (5) MuntctpalAccount Franchtse Credtt A credit equal to the amount of franchise fees included m the Transnussmn and D~stnbutmn Ut~hty Charges vnll be apphed to mume~pal accounts reeexvmg servme vathm the incorporated hm~ts Revision Number On. ual Effectxve 1-1 =2002 ~ 830 F~gure JNP-3 Secuon IV-Rate Schedules Sheet No D03 Large General Servace - LGS Page 3 of 5 RELIANT ENERGY HL&P Apphcable Entire Service Area HL&P XXXX of such mumc~pahty which unposes a mumc~pal franctuse fee upon the revenues receaved by Company w~thtu that mumc~pahty and who have s~gned an appropriate Frandnse Agreement (6] M:ntmwn B:ll The m,n,m~un bill will be the sum of the l~m~ry kVa Charge apphcable to the current month in ( I )Co) above, plus the monthly Fixed Charge in ( 1 )(a) above, plus any required (2) through (5) above, unless expense, investment, and/or special serwce arrangement to serve Retail Customer requn'es a special guarantee or payment. DEFINITION OF ON-PEAK HOURS AND OFF-PEAK HOURS Company's On-Peak hours, for the purposes ofth,~ rate schedule, are designated as belllg from 8 am. to 10 p.m. each Monday through Friday starting on May 15 and conunumg through Ootober 15 each year Labor Day and Independence Day (July 4) shall no! be considered On-Peak. If July 4 occurs on Stmday then the followmg Monday sh~!! not be conszdered On-Peak. The Company's On-Peak hours may be changed from tune to tune and Retail Customer will be notnfied 12 months pnor to such change becoming effective Company's Off-Peak hours, for the purposes of th,~ rate schedule, are all hours of the year not das~ted as On-Peak hours DEFINITION OF ON-PEAK KVA~ ANNUAL ON-PEAK KVA AND OFF-PEAK K'VA The terms 'On-Peak kVa', 'Annual On-Peak kVa' and ~Off-Peak kVa" shall be defined as follows (1) On-Peak kVa ~s the aver/~e kVa supphed dunn~ the four fifle~ minute peno& of m~m~Im tlse d~m~_.~ the On-Peak hotu'~ or'the month b111m5 (12) ,~,nn],lal On-Peak k:Va IS the hll~clesl OI1-Pealc kVa esta~hshed In the I~ months endm~ ~ and ac]lnrlm~ tile cm'renl b~11ml month. For bfllml p~ses, Retail Customer's .Annual On-Peak kVa sh~]! not be less than 400 kV~ (3) O~-Peak kVa is the average kYa supphed during the four fi_eceen rmmlte periods o£mRxlillttm use durmg the Off-?eak hours of the billing moDth~ ] Kev~sionNumber On~n~! Effective 1-1-2002 00073 Figure JNP-3 1831 Secuon IV-Rate Schedules Sheet No D03 Large General Service - LOS Page 4 of 5 RELIANT ElqERGY HL&P Apphcable Enure Service Area HL&P XXXX DETERlVlINATION OF PRIMARY K'VA AND SECONDARY KVA TO BE USED IN CALCULATING THE BILL The Pnma~y kVa and the Secondary kVa to be used m calculalmg the Monthly Bill shall- be detcJ!mned in accordance with the following provlslons (1) Ifthe Off-Peak kVa Is equal to or less than the Annual On-Peak kVa, the b, ghest of the following will be billed as Primary kVa (a) The On-Peak kVa, Co) The Off-Peak kVa, (c) On-Peak kVa, or 85% of the (d) 400 kVa. (2) If the Off-Peak kVa m l~.eata- than the Annual on. Peak kVa, then Annual on. Peak kVa, but not less than 400 kVa, wdl be billed as l~ma~ kVa and the excess of the Off-Peak kVa over the Annual On-Peak kVa will be billed as Secondary kV~. The above provmon (2) ~s not applicable to either (a) new Reml Customers -- taking service for the first me dunng the penod starting October 16 and continuing through May 14 or Co) for casting ~ Customers operalmg new fac~hties dunng such period Under such cucum~auces, unless the Annual On- Peak kVa has been determ,,~ed by mutual agreement, the Off-Peak kVa will be billed as Primary kVa until the following May 15 AD.1USTMENT TO VARIAB~.~. DEMAND CHARGE If data to dete~me the P~m~-y kVa and Seconda~ kVa as defined m fins xate schedule becomes no longer available, the Company ,roll dctermmo- a Convemon Factor wtuch will be used as an Adjustment to the Variable Demand Charge The Conve~mon Factor will apply to umt prices per kVa such that when_apphed to the new dem~d Charge, and any other bdl,.~ component affected by such lack of avm!sblhty ofkVa a~.~. be tm~w~:l by such lack of data. Tbs adjustment may become necessary because of changes m metenng capab~h~es, such as, mete~ that record and/or measure kW with no ability to dete~me kVa or meters wluch meter data m intervals other than 15 minutes Tius adju~tmeat also m~y become necessa~, due to changes m rules, laws, procedures or other d~rect~ves wiuch nught chctate or recommend that power, power related wansact~ons, wire charges, nonbypassable charges and/or other Wansacuoas measure dernaud m a way that ~s mcons~sten! with the defimuons and procedures stated m the Company's Tariff The Kcv~sxonNumber Origins! EffecUve 1-I-2002 ~ 832 Figure J-NP-3 Section IV-Rate Schedules Sheet No DOS Large G=neral Service - LGS Page $ of 5 RBLIANT HNBR. GY HJ.~P Appl,cable EnUre Ser~ce Area HL&P XXXX ad.~usunent to Variable Demand Charge ~s apphcabl¢ not only m the instances enumerated above but also for any and all other changes m demand determmaUon wtuch would prevent the Company fxom obtmnmg the necessary data to determine the kVa quantitxes defined m th~s rat~ schedule The Conversion Factor ~h._ll x~'nder the Company revenue neutral to any change m demand determma~on as described above PAY/VI~NT Uule~s otherwlse provided by specml arrangement, the invoice for service under tkts raIe schedule will be as pro-,uded for m the Semce Rules and Resulanons the Company's Tariff. CONTRACjI' PERIOD If a Retail Customer's premises ~s provided semce under t~ rate schedule, that premises must ~ service hereunder for not le~s t~.,~ twelve comecuuve months before (0 service can be switched to another apphcable rate schedule, ff any, or (u) semce under th~s ra~e can be cancelled by the Ret~l Customer R.etatl Customer must provide at least 60 days advanced wnl~en noUce to Company of cancellauon. NOTICE Eleotnc Power Dehvery Service funnshed under tius rale schedule is subject to the Service Rules and Regulations m the Company's Tariff Revxslon Number On.hal Effective 1-1-2002 0 0 0 7 ~ Figure .[NP-3 18 ~ 3 Section IV-Kate Schedules Sheet No D04 Commercml Serrate I - CS-I Page 1 of 5 RELIANT ENERGY Apphcable Enure Sermce Area HL&P XXXX COIVI/VlERCIAL SERVICE I - CS-I AVArL&BIIYrY Electnc power dehvery set. ce is avmlable at all points where faahues of adequate- capacity and the requu'ed phase and suitable voltage are adjacent to the prenuses to be served Where adequate capaaty or servtce of the type desmed by the Retail Customer is not adjacent to the premises to be served, addluonal contract anangements may be requmed pnor to service bentg furmshed Rehant Energy ItL&P will only provide for the dchvery of electric power Retail Customer's electnc power must be provided by the Rotad Customer's REP tn accordance w~th Apphcable Legal Authon~es and the Company's Tariff APPLICATION Tlus rate schedule is apphcable to Electric Power Dehvery Serv~co for ele~w power pro-oded by the Retail Customer's REP and reqmred for commeraal or industrial purposes supphed at one premises through one Point of Dehvery and measured through one Meter Ttus rate schedule ~s apphcable only to Retail Customers wnh peak demand greater than 1,000 kVa as measured m the fi/teen rnmute period ofhghest demand since I/I/2000 and that othemase quahfy under this rate If tbs rate schedule taken for elecmc power dehve~ set.ce for electric power supphed by Retail Customeff$ REP for Standby, Supplementary or other intermittent purpose, Company may, at its sole reqmre exeane an Agreement Imerrmttant Use discretion, the Retail Customer to for Tins rate,schedule ~s apphcable to electric power dehvery ser~nce provtded for electric power supphed by Retail Customer's REP for Temporary set.ce subject to the provmons Company's Tariff The elecmc power dehvered may not be re-metered or sub- of'the metered by the Retail Customer for resale except pursuant to lawful sub-metering regulanons of a regulatory authority ruth junsdtmon. If Retail (hlstomer has t~aaullated an agreement for servlce ,ruder. this l~te-~tt.l~, at ally tune dunng the precechng twelve months, then the 2,,--,~! On-Peal~Va_~w~be,used mmnlly for billing purposes wtll be the h,~hest On-Peak kVa~estabh~hed m the twelve months ending wnh and including the current l~ll.~g month even though seance may have been taken under another rate schedule Reml Customers premous metered usage under flus or any other rate schedule will be used, as needed, m detenranmg the Monthly TYPE OF SERVICE Three phase, 60 hertz alternating current and at one of the Company's standard dlsmbuuon serwce voltages as described tn the Company's Scmce Standards Ttus rate schedule ~s not available to Ketad Customers served at transrmsston voltages RevmonNumber Original EffecUve 1-I-2002 1834 F~gure JNP-3 0 0 0 7 6 Section IV-Rate Schedules Sheet No D04 Commec~al S~ne~ I - CS-I Page 2 of 5 R.ELIANT HN'ER. GY HL&P Appheable g-nm'e Serwee Area HL&P MONTnff.Y BH.T, The monthly bill shall be the sum of the nonbypassable dehvery charges calculated under (I) through (5) below or the calculations made under (6) below, wMchever ~s h~gh_er (I) Transmission andDlstrtbutton Utthty Charges (a) F~xed Charge $172 21 per month (b) Variable Demand Charges Primary kVa Charge $4,369 00 which includes 850 Pnmary kVa plus $5 14 per kVa for all addmonal Primary kVa Secondary kVa Charge $0 73 per kVa for all Secondary kVa (c) Tran,simsslon Cost Charge An amount determined m accordance vath Rider TCRF (2) ,gy~tem Ben~fit FuztdFee Aa amount determined m aceordaace w~th Pader SBF (3)Compet/t/on Transttton ~ An amount deC~rmmed tn ar.~rdance vnth Pad~r CTC (4) Transttton Charge An mount d~t~rmm~d m aecordane~ w~th Schedule (5) MuntcttactlAccount Franah~e Credtt A er~:ht equal to the amount of f~ included m the Tran*~mun and D~tnbtmun Utdrty Charges ~ b~ apphed to muni~apal accounts r~e~avmg $¢rwe¢ wMun the incorporated lm~t$ of by Company wRMn that mum~pahty and who have agned an approprmte Franc~ Agr~m~ (6) Minimum Btll The mmmaum bill w~l be the sum oft,he Primary kVa Charge appheable to the currant month m (1)Co) above, plus the monthly F~xed Charge tn (1)(a) above, plus any charges reqmred under (2) through (5) above, unless expense, mvesuuent, and/or special servace arrangement to serve Retail Customer requires a specaal guarantee or payment RevismnNumber Ongmal Effeonve 1-I-2002 DOD F~gure JNP-3 183 S Section IV-Rate Schedules Sheet No D04 Commercial Sermce I - CS-I Page :3 of 5 RELIANT ENERGY HL&P Apphcable Enttre Seance Area HL&P XXXX DEFINITION OF ON-PEAK lq'OURS AND OFF-PEAK ttOURS Company's On-Peak hours, for the purposes offs rate schedule, are destgnated as being. from 8 a m to 10 p rn. each Monday through Friday starting on May 15 and continuing through October 15 each year Labor Day and Independence Day (July 4) ,hall not be considered On-Peak If July 4 occurs on Sunday then the follovang Monday shall not be considered On-Peak The Company's On-Peak hours may be changed from time to tune and Retail Customer w.ll be notified 12 months pnor to such change becoming effective Company's Off-Peak hours, for the purposes oftl~s rate schedule, are all hours of the year not despised as On-Peak hours DEFINllXON OF ON-PEAK I{'VA~ A..NlqUAL ON-PEAK KVA AND OFF-PEAK Il'VA The terms "On-Peak kVa", 'Annual On-Peak kVa" and "Off-Peak kVa~ shall be defined a~ follows (i) On-Peak kVa is the average kVa supphed during the four fifteen minute periods of mammum use dunng the On-Peak hours of the billing month (2) Annual On-Peak kVa is the lnghest On-Peak kVa established m the 12 months ending vath and mcluchng the current billing month. For billing purposes, Retatl Customeffs Annual On-Peak kVa shall not be less than 850 kV~ (3) Off-Peak kVa is the average kVa supphed during the four fffieen minute periods of maxurium use dunng the Off-Peak hours of the b,lh.g month DETERMINATION OF PRIMARY KVA ~ SECONDARY KVA TO BE USED IN CALCULATING ~ Bw.I. The Pnmary kVa and the Secontt~ kVa toJ~e used in calo,l~'mg the Monthly Bill shall be determined m accordance wrth the follow,.ng provimons (1) If the Off-Peak kVa ~s equal to or less than the Annual On-Peak kVa, the highest of the follow,rig vall be billed as Primary kVa (a) The On-Peak kVa, Co) The Off-Peak kVa, (c) 85% of the Annual On-Peak kVa, or (d) 850 kV~. Rewslon Number Ongmal Effecuve 1-1-2002 1836 Figure JN'P.3 Section IV-Rate Schedules Sheet No D04 Commercial Semace I - CS-I Page 4 of 5 ~ RELIANT ENERGY I-N_~P Applicable Entire Semace Area HL~P XXXX (2) If the Off-Peak kVa ~s greater than the Annual On-Peak kVa. then Annual On-Peak kVa. but not less t~, 850 kVa. will be b~lled as Pnmary kVa and the excess of the Off-Peak kVa over the Annual On-Peak kVa will be b~lled as Secondary kV~ The above prov~on (2) ~s not apphcable to eather (a) new Retail Customers t~kang serwce for the fir~ t~me during the period starung October 16 and conunumg through May 14 or (b) for exls~mg P~ta[l Customers opera~mg new fa~htms dunng such period. Under such clrc~m~uces, unless the Anmml On-Peak kVa has been determined by mutual agreement, the O~-Peak kVa wdl be billed a~ Pranary kVa un~ the following May 15 AD~-USTM~NT TO VARIABLE DEMAND CHARGE If data to deteau~ne the Pmnaxy kVa and Secondary kVa as defined m flus ra~e schedule becomes no longer available, the Company w~l de~enmue a Conversion Favor wtuch ~ be used as au Adsustment to the Variable Demand Charge The Conversion Factor vall apply to umt prices per kVa such that when apphed to the new demand measurement, the revenue delved by the Company under the Vm..able Demand Charge, and any other b~lhng component a~ected by such lack of avadab~y ofkVa data, shall be unaff~ by such lack of data. Tlus adjustment may become nece~ary because of changes m metenng capabdmes, such as, meters that record and/or measure kW w~th no ab~tty to determine kVa or meters wluch meter data m intervals other than 15 mmntes Tlus adjus~.ment also may become necessary due to changes m roles, laws, procedures or other dn~mves wi-ach nnght chctate or recommend th~ electric power, electric power related transacuons, w~re charges, nonbypaszable charges and/or other ~ons measure demand ut a way that ~s mconzlatent ~th the definitions and procedures ~ m the Company's Tariff The adjustment to Varmble ~ Charge ~ apphcable not only m the mstanc~ er~am~.ed above but ~ for any and all other cb~%oes m demz~d determed.on whmh would · prevent the Corapauy from obl~ the ner~_-_~_~] data to determine the kVa quanuues The Conversion Factor shall render the Company revenue neuu'al to any change m demand determination as deacr~"oed above Revmon Number Ongmal Effecuve 1-1-2002 0 0 0 7 9 Figure 3'NP-3 1837 Section IV-Rate Schedules Sheet No D04 Commercml Sevace I - CS-I Page 5 of 5 RELIANT ENERGY HI_&P Apphcable Entire Serrate Area HL&P XXXX PAY'M~NT Unless otherwme promded by specml arrangement, the mvmce for semce under flus rate schedule wall be as prowded for m the Servme Rules and Regula~ons m the - Company's Tariff CONTRACT PERIOD If a Retad Customer's prem~es m pro~ded sevnc~ under ~ rate schedule, tha~ premmes mus~ mice service hereunder for no~ less than twelve months before (i) service can be swnched to anothe~ apphcable ra~e schedule, ff anT, or (h)serwce under th~s rate ~s cancelled by the P. etad Customer Retail Customer must pro.de at least 60 days advanced written noUce to Company of c~nc~llauon of semce under flus rate schedule NOTICE Electric Power Dehvery Set.ce furmshed under tlus rate schedule ,~ subject to the Service Rules and Regula~ons m the Company's Tar~ Revision Number Ongmal EffecUve 1-1-2002 000<~ 0 1838 Figure JNP-3 Section IV-Rate Schedules Sheet No D05 Commercial Service II - CS-H Page I of 5 RELIANT ENEP, GY HL&P Apphcable Entire Service Area HL&PXXXX COMMERCIAL SERVICE II - CS-II AVAIl.ABILITY Ele~tnc power delivezy sennce ~s avzd~N¢ at all points where fa~dme~ of adequate capacity and the requn'ed phase and statable voltage are adjacent to the prem,ses to be served. Where adequate c, apa~ty or serace of the type desired by the Retad customer m not adjacent to the ptem,ees to be served, _.a,~,~Uonal contract arrangements m~y be required prior to service bern& furnished P~himt Encore, HL&P v~ll only pro,nde for the cl~ of~ power. ~ Customer's electric power must be provKled by the ~ Ketml Customer's KEP m accora~.ce w~th Apph~ble Legal Authorities and the Company's TariK APPLICATION Tlus ra~ schedule ~s apphcable to Electnc Power Dehver), S~ce for energy provided by ,the P, ee,~! ~ustomer's REP aud reqmred for commercml or mdustnal purposes supphed at one locaaon and measured tbro. gb one meter when the Retail customer owns, operates, and m.,-t.,-s an faciht~es (except metsnng eqmpment) necessary to ~ceive three-ph-~, 60 hertz alternating cur~nt serwce al 60,000 volts or tngher Tins rate schedule is apphcable only to customers vath peak dem,.d greater ~h.. 1,000 kVa as measured m the fifteen r.,.ute period of lnghest dem..a since 1/1/2000, and that otben~e qualify under tb,s mle The en~gy dehvered may not be ~e-metered or sub-metered by the Retml customer for resale or shanng except purs,,~-t to lawful sub-metenng regulations of a regulator, aulhonty with junschct~oa. If this rate ~s taken for elecmc power dehvery service for electric power supplied by Retail Customers REP for Standby, Supplementary or other mtermit~mt purpose, Company may. at ,ts sole chscret~on, reqtttre the P. etsd Customer pr~viousaxel~red~~ or:any~he~aIe~.bedule vall be:ased, as needed, m Three-phase, 60 hertz altemalmg current, from 60,000 volts or higher overhead lines which have been made available for this senace MON'IU~.Y Brr The monthly b, ll ~h~ll be the sum of the nonbypassable dehvery charges calculated under (1) through (:5) below or the calculaUon made under (6) below, wlnchevcr ~s higher 00081 Rews~onN,,mber' Ong~n-! FigureJ'NP-3 Effective 1-I-200~839 Section IV-Rate Schedules Sheet No D05 Commercial Sermce II - CS-I/ Page 2 of 5 RELIANT ENERGY I-IL~P Apphcable Entre Servm¢ Area HL&PXXXX (1) Transmtsston and Dtstrtbunon Utthty Charges (a) Freed Om.,-ge $1,376 40 p~ month. . Co) Variable D.mand Charge Primary kVa Charge $1,314 O0 wlada melud~ 900 Pr,mn,y kVa. plus $1 46 per kVa for all adchuo~a! Pmn~ry kVa Secondary kVa Charge $0 24 per kVa for all Secondary kVa (c)Transmasslon Cost Charge An mount deter~,-ed m accordance w~th Pdder TCRF (2) ~ystem Benefit Fund Fee Aa mount de~a'm,ned m accordance w~th Rader SBF (3) Cornpetttton Transttton Charge An mount det~rm,~ed m accordance Rider CTC (4) Transition Charge An amount d~termmed tn accordance w~th Schedule TC (5) M'untctpa/Franch/se Fee Aa nmouat deterrnmed m accordance vflth Pdder IvlFF for Retad Customers located m a mumoq~hty, whch collected a 2% or 4% fxancluse f~ before January 1, 2002 (6) M'mtmum Btll The mln,rml~ ~ _,~ha!! be~be~ma-oftbe~Vlmab!e._r~.~n.tt~c~h .nrg~l~hcable to the curre~t*month~t~(1)'(b)~nbovwplus the mor~n!y~Fixed Chnvge In (1) (a) above."plus:may~aou~:x~fi~ uad,r (2) through (5) above., ual~$ exp~e, investment, .~/or sp~oml somace nrrangament to serve Retad customer requtres a spectal guarantee or payment. HOURS AND OFF-PEAK HOURS DEFINITION OF ON-PEAK Company's On-Peak hours, for the purposes of tins rate schedule, are designated as of the flare hereof as being from 8 a:m, to 10 p m each Monday through Fnday stamn$ on May 15 and cont~mgg through October 15 each year Labor Day and Independence Day (July 4) shall not be conmdered On-Peak. If July 4 occurs on Sunday then the following 000 g2 R~[~[~n Number Original Figure JNP.3 Effective 1-1-2002 Secuon W-Rate Schedules Sheet No D05 Commercial Semce II - CS-II Page 3 of 5 RELIANT ENERGY I-IL&P Apphcabl¢ Entre Semce Area HL&PXXXX Monday shall not be considered On-Peak. The Company's On-Peak hours may be Cbl~lge. x:i fl'om t~me to time and Retail customer will be notfliexi 12 months prior to. such change becom!~g effective Company*s Off-Peak hour~, for the purposes of this rate schedule, are all hours of the year not des~*~d as On-Peak hours DEFINITION OF ON-PEAK KVA~ CONTRACT KVA AND OFF-PEAK KVA The ~.~ms "On-Peak kVa," "Contract kVa" and kVa" defined follows ~ the average kVa supphed during the four fifteen minute (1) On-Peak kVa periods ofms~mmn use during the On-Peak hours of the billing month. (2) Contract kVa, m the lu~hest On Peak kVa estabhshed by Reml Customer for service ending w~th and including the current bdlmg month. The contract kVa may not be reduced unless agreed ~o m wntmg by Company (3) OffPeak kVa ~ the average kVa supphed during flae four ~ m,-ute periods of ms~unum use dunng the Off-Peak hours of the b, ll,ug month DETERMINATION OF PRIIHA.RY K'VA AND SECONDARY KVA TO BE USED IN CALCULATING ~ MONTi~,Y BILL ThO l~msry kVa and the Secondary kVa to be used m calculating the Monthly Ball be dem~med ua accordance with the following provmon~. (I) If the OffPeak kVa ~ equal tx~or le~ thru the On peek kVa, the highest of the following will be~bdled a~ l~-~-,y kV,- (a) The On Peak kVa; Co) 90% of the Conmaet kVa; or (c) 900 kV~. (2) If the OffPeak kVa ~s greater thsn the On Peak kVa but equal to or less than the Contract kVa, the hghest of the following vall be balled as l%m~ry kVa (a) The OffPeak kVa, Co) 90% of the Conwaet kVa, or (e) 900 kV~ 00083 Rev~smn Number Original Figure J'NP-3 EffecUve 1-1-200~B4~ Section IV-Rate Schedules Commercial Service Il . CS-II Sheet No D05 Page 4 of 5 RELIANT ENERGY tiL&p Applicable EnUre Serv'lee Area ffL&PXXXX (3) hethe OffPeak kVa ~s greater than the Conixact kV~, the Contract kVa vail be billed as Pnm,_,-y kVa and the excess of the Off Peak kVa over the Contract kVa vall be billed as Secondary kVm The amount of OffPeak IcVa billed as Secondary k Va may be Imuted by Company, m wi~ch case all addl/lonnl excess Secondary kVa shall be billed as Pr~_,y kVa (4) The above prov~ion number (~) ~s not apphcable to (a) new "~ "~ ~ c, onuaumg tl~ou~h May 14 g n Uader such cur~m~unee, the OffPeak kVa will be billed as Pr~m~_,y kVa ~ the following May 15 AD,IUSTM~NT TO VARIABLE DEMAND CHARGE Ifda~a to d~mme the l~m _~y kV~ and Secondary kVa as defiaed m t~ rae schedule becomes no lon~ avaflable,-~he Company will deiemune a Conversion Factor which ~ be used as aa Adjustment to [he Vanable Demsnd Charge The Conversion Factor vall apply to umt prices per kVa sueh that when apphed to the new demand measurement, the revanue derived by the Company under the Variable Demand Charge, and any other bflhi!g component affec~i by such lack of av~lablhty ofkVa da~ shall be un~ffe~xi by such la~ of clara. Tins adjustment m.y become necessary because of d:mn~as m metering capahihlaes, such as, meters lhat record and/or measure kW vath no abflily . _ _t rswhichm rdatainim rvalsoth r ,. lSm,-, s .. to.d er ne or vccome n~cessary due to chan~es m m~ '----- . ~ms anjus~ment also may ...... , ~ws, proceaures or other d~rect~ves which lille:it dictate or recomm~:t t.~ power, power related traneac~ons, vare charges, nonbypassable char~es and/or other lramac~ous measure demand m a way tha~ ~s mconm.stant w~th the defin/tions and prooedures staIed m the Company's Tanff' The adjustment to Variable Dems~d Charge is applicable not only m the mslances enumer~_ __~_ above bul: aiso for any and all other cha~es mdema~m~on whlch would preyer the Company from~ob~ahin~.~the~~det~,.,..; the quantraes defined in thisa, ate.~sohedule, kVa The~Convers~on~Factor~h~!!~ran~the Company revenue neniral to any change demand determ~-~i'on as dascr/bed above m j PAYIVIENT Unless otherwise provided by special arrangement, the mvowe for service under th~s rate schedule will be as provided for m the Service Rules and Regulanons m the Company's Tariff , ae ¼o 00084 Figure .INP.3 Effeeuve I-I-2002 Secuon IV-Rate Schedules Sheet No D05 Commerce. al Service II - CS-II Page 5 of 5 RELIANT ENERGY HL&P Apphcable Entire .qervme Area HL&PXXXX lVIETERING The Company may install remote metenng eqtupmcnt to obtain mformanon wtth wluch to determine the amount oftbe monthly bill Retad Customer may have mcterm$ nutnm~ants installed to check the service supphed under thru schedule m accordance v~th the provuions of the Tariff The Company may at ~ts option measure servme on the low voltage s~de of the P. mml Customers tr--~om~ers m w~ch event the kVa and kwh recorded by the Company's me~o~ iustnunems ~ be adjusted to compeasate for transformer losses on the basus of dam fumisbed by the m.-ufacturer of the Retml Customer's transformers When the mauufacmm'is uzmble to supply the necessary ~l.ta the ad3ustment ~ be ba~ed on tests conducted by the Company on the Rcmfl Customers transformers CONTRAC~ PF.,RIOD If a Retatl Customer's premises is provided service under flus rate schedule, that i prem ~s must take service hereunder for not less than twelve consectmve months before service can be switched to another apphcable rate schedule, ff any, or service under this rate can be cancelled by the Retail Customer Retail Customer must provide at least 60 days advanced written notice to Company of cancellat~un. NOTICE Eleffalc Power Dehvery Ser~ce furmshed under this rate schedule is subject to the Serwce Rules and Regulauons m the Company's Tariff '- 00085 Revision Number Original Figure JNP-3 Effecuve 1-1-200~843 Sec~on IV-E. ate Schedules Sheet No D06 M~scellaneous Charges- MC Page 1 of 3 ~L~ ~RGY ~ Apph~ble Entre Se~ce ~ ~ ~ IVIISCET.I,A.N~OUS CHARGES- MC lVhscellaneous Charges are m addiUon to all other charges specufied m the Company's Tariff for Electnc Power Dehvery Serwca that may be apphcable to the Retail Customer's premises The service charges reflected In items M 1 through M 8 apply to R. emdenual and Miscellaneous C~eneral Servtce Retail Customers only The remalmng ~tems are not restricted to any parucular Retail Customer or rate class unless so specified Unless othervase promded by specual arrangement, the invoice for semce under th~s rate schedule will be as prowded for ~n the Serwce Rules and Kegulations in the Company's Tariff Item ~ Charge M 1 R~..onn~aon Charge - Standard $ 8 00 App~hcable to any semca that has been disconnected for nonpayment and the ~estabhshment of service ~s scheduled to be completed vattun 24 hours of receipt o£noulicat~on M 2 Keconnect~on Charge - Same Day $15 00 Applicable to any service that has been disconnected for nonpaymem and the reestablishment of service is scheduled at Retail Customer's convemence on the same day of receipt of notification M 3 DiscomiecUon Charge $ 8 50 Apphcable to any service that must be disconnected for nonpayment or whose delivery semca at tlus semca address is being terminated for other reasons M.4 Connection Charge $ 8 O0 Apphcable to connecuon of se~ce for a pr~ses where there 15 an exlstm~meter IVL5 Coaneotlon Charge $ 25 55 Apphcable to connection of serwce for a premises where a meter ~nstallauon is reqtured P, ev~sionNumber Ong~nal Effective I-1-2002 1844 F,~.re/NP-3 0 Section IV-Rate Schedules Sheet No D06 M~scellaneous Charges- MC Page 2 of 3 RELIANT ENERGY ~ Apphcable Enure Serwce Area HL&P XXXX Item ~ Charge M 6 Meter Test Charge $15 00 Apphc. able to any Ret~l Customer or Retml Customer's REP that requests the Company to test the accuracy of Company's metenng eqmpment and such test mdwates that the meter ~s reg~stenng energy usage v~tlun the standards established by the American Nauonal Standards Inmm~ M 7 l~*turned Che~k Charge $ I0 50 Applicable to any Rotml Customer or REP whose check Is returned by a bank or other financtal lnsmuuon as not payable M 8 Special Meter Reachng Charge $ 8 00 Apphcable to any request for a meter to be read on a date other than the normally scheduled meter reading date Such charge would apply to a ohange m the Retad Customer's REP at a Brae other than the normal meter read date or a meter re-read requested by the Reml Customer or Retail Customer's RF_2 Tlus charge will be wa_wed ff ~ zs deterunned that any requested re-read lnchcates the meter was previously nusread M 9 S~reet Light Removal Charge (served overhead) $ 50 00 Apphcable to any requests for the Company to remove an existang street light served from overhead conductors Nl. 10 Street Lil~ht Removal Charge (served under~-ound) $ 225 00 Apphcable to any requests for the Company to remove an ex~st~ng street hght served from underground conductors lyf. 11 Inside Trouble Sennce Outage Charge $15 00 Applicable to any outage reported by a REP that, upon investigation by tho Company, is detemuned to be a problem on the Retad Customer's s~de of the meter Rev~smn Number Original Effective 1-1-2002 00087 Figure JNP-3 1845 Section IV-Rate Schedules Sheet No D06 lVhscellaneous Chargez- MC Page 3 of 3 RELIANT ENERGY HL~ Apphcable Enure Serrate Area IqL&P XXXX Item Descnni~on Charge M 12 Advanced Billing Meier Installation Charge (see charges below*) Applicable to Rate Schedules CS-I and CS-II for the mstallataon of an advanced meter for bflhng at Ret~l Customer's or REP's request *$216 O0 plus the incremental cost between a standard meter for the speouqed installation and the advanced meter funot~onal~;y requested, plus ad&Uonal charges for semces related to advanced capabilities as appropriate M 13 Advanced Non-Billing Meier Installatmn Charge (see charges below *) Applicable to Rate Schedules RS, MG$, LGS, CS-I, and CS-II for the mstallataon of an advanced meter for non-bflhng purposes at Retail Customer's or REP's request *$21600 plus adchtlonal charges for servaces related to advanced eapabllltaes as appropnate, Retail Customer/REP shall provide the advanced meter which must meet the Company's meter standards M 14 URD By-Pass Cable Iustallai~on Charge $ 95 00 Appheable to any Residential P. etall Customer or Retml Customer's REP that requests the Company to install a temporaty, above-ground by-pass cable in order to continue electric service while Retail Customer-owned URD faeflmes are being repaired or replaced M 15 Miscellaneous Company will cha~e for miscellaneous semces preformed at the request ora Retml Customer or Re~l Customer's REP, an amount ~c~ent to recover the Company's cos~ or an eng~neenng es~mate thereof Rev~sxon Number Original Effecuve 1-1-2002 846 Figure JNP.3 0 0 0 ~ ~ Attachment 4 00089 AGENDA INFORMATION SHEET Date AGENDA DATE' May 23, 2000 DEPARTMENT Engmeenng & Transpo~at~o~ CM/DCM/ACM Dave H~ll, 349-8314~ ~.,4~ SUBJECT Receive a report, hold a chscusslon, and give staff direction regarchng the third in a series of reports prepared in response to the Teasley Lane Comdor Traffic Study (The first two Council chscusslons held regarding flus topic took place on February 8, 2000 and April 11, 2000 ) BACKGROUND A revised Teasley Lane Comdor Study is attached (Exlub~t 1) that supplemems ]nformatson prowded to Council members in recent months Danme Cummings of C & P Engmeenng and City Transportation & Engmeenng D~rector Jerry Clark w~ll present the new mformat~on contmned m the final report During the February 8~ and April 11t~ work sessions, Cxty Council considered several options avmlable to address the impacts of new developmem on the Teasley Lane (FM 2181) Comdor, and reached several conclusions Staffresponses to the issues hsted, along with a summary of ongoing work m each of these areas ~s provided below A funding strategy should be developed to expedite the w]denmg of Teasley Lane from two to SlX lanes. Current status C~ty staffhas met vath Texas Department of Transportation (TXDOT) and Denton County representa'aves to chscuss funding options worth of consideration for Teasley Lane The consensus among the transportation officials is that priority status be assigned to the section of Teasley Lane from L~lhan Miller Parkway to H~ckory Creek Road, w~th the intent to w~den flus sectson from 2 to 6 lanes The prehnunary cost esttmate of the project ~s as follows Environmental Assessment & Design Schematacs $ 340,000 Plans, Specifications & Engineering > $ 750,000 Mayamum Paght-of Way Acqtusltson $2 nulhon Construction $7 m~lhon Typically, TXDOT pays for the entire cost of farm-to-market road ~mprovements, however, tlus would also requtre a considerable delay in project construction if the city were to wmt until the roadway needs competed favorably against other TXDOT roadway projects The scenario contemplated at flus tune ~s to use local part~cxpat~on, on the part of both the c~ty and the county, to accelerate the unprovement schedule for FM 2181 Th~s approach ~s consistent w~th the Comprehensive Plan, wbach lnchcates that Denton may have to take a more aggressive role in regional transportation improvements if local expectations of quahty ofhfe are to be fulfilled Specific steps recommended include 1 Expedite the Environmental Assessment and Design Schematics work for the entare section of FM 2181 from Ldllan Miller Parkway to the 1-35E Swasber Road interchange, wbach has already been funded through city and county CIP bond funds 2 Expechte the Plans, Specifications & Englneenng (PS&E) work, to be paid by the county and the city using CIP bond funds The cost of consultant work for this stage is being determined and should be available soon The level of city / county participation wall then be determined County officials have already indicated a walhngness to program appmxtmately $750,000 of available bond funds toward the PS&E costs 3 Once ROW needs are ~dentlfied, the city and/or county wall apply to participate m the federal 90% / 10% ROW reimbursement program The reimbursement of 90% of up to a maximum of $2 milhon in ROW acqarsmon costs could result in as much as a $1 8 mllhon benefit If subchwsion and platting activities mqutre the dedication of needed ROW, acqms~tion costs wall decrease proportionally A ROW wadth of 120 feet is needed to meet TXDO standards, increased to 140 feet wade watlun 250 feet of major intersections Any funds reimbursed for ROW acqulsmon would be reallocated toward roadway construction costs ROW acqmsmon can be a slgmficant factor m project delays - the strategy to expethte Teasley Lane improvements should include efforts to partner wath property owners and developers to secure needed ROW lands as qmckly as possible 4 TXDOT should be asked to commit $3 5 mllhon (50% of construction cost) toward the project, wath the city and county to pay the remalmng $3 5 milhon Dunng recent discussions, county officials have indicated that up to $1 3 million In discretionary CIP bond funds is available to support the expansion of Teasley from L~lhan Miller to Hickory Creek Road City staffhas not yet identified a potential funding source to make up the $2 2 mdhon chfference, although a future CIP bond issue may be the most readily apparent alternative The remaining section of FM 2181, from Hickory Creek Road south to the Swasher Road mtemhange at 1-35E m Corinth should be g~ven priority status in upcoming city and county bond programs During recent dlseusmons wath TXDOT and Denton County representatives, city staffhas also learned that the stam. s of FM 2499 may change FM 2499 ~s intended to be a major Denton County connection to DFW Airport, extandmg from the 1-35E / State School Road interchange, intersecting FM 2181 in Connth, and extending south across Lewlsvdle Lake The section of FM 2499 intended to cross Lewasvllle Lake has encountered delays in securing environmental clearances As a result, the consensus at this time is that FM 2499 from State School Road to FM 2181 will likely move up in priority, and could be constructed before the projected 2010 date assumed m the traffic study A fundmg strategy should be developed to ensure that roadways feeding into Teasley Lane are of adequate capac,ty to handle projected travel demand Current status The expansion of Teasley Lane has been the focus of staff thus far Each road that feeds into Teasley Lane has lnchvldual charactenmcs that require different maprovement strategies In areas where property has not yet been platted, such as Robinson Road, ROW dedication and roadway constmctaon mqmred to satisfy perimeter road paving requlremants will serve to meet increased travel demand In other areas, where development has already occurred, ROW acqmslt~on and roadway expansion wall reqmre city funding Staff recommends that a separate strategy for each of the feeder roads be prepared and prioritized watlun the next few months, to be presented to Councd for rev, ew and comment An alnendment to the Denton Mob~hty Plan - Roadway Component should be prepared for Council review, propaslng to add a collector street connection to State School Road from Ranchman Street Current status An amendment to the City of Denton Mobility Plan will be prepared, adchng the "State School Connector" as shown in the traffic study Tins connector provides an important link to the Teaslcy Area from State School Road for northbound motorists that currently use the 1-35E / Lllhan Miller intersection to remm to the Teasley Area The review process for amendments to the Mobility Plan entmls a Planning & Zomng Commission public beanng and recommendation, and a Council public heanng and recommendatmn This process should bc started in June 2000 and completed by August 2000 A meeting with Teasley Comdor property owners and developers should be held to provide current mformation regarding the traffic study, and to determine the extent to which pubhc / private parmerships can be forged to handle potential transportation problems m a cooperative fashion. Current status A meeting was held on Thursday, May 18th, wath Teasley Comdor property owners and developers A summary of meeting comments is attached as Exhibit B An '!Adequate Pubhc Facthties" ordinance should be considered to establish transportation concurrency principles that would better match roadway capacity to travel demand. Other measures, such as transportation impact fees, should also be evaluated as possible impact mitigation options Current status Staffmembers from the Legal, Englneermg& Transportatlon, andPlanmng& Development Departments have been (hscusslng the aspects of an Adequate Public Facilities Ordinance qmte extensively m the past month The Legal Department is prepanng an assessment of the legal issues revolved, and wall pmwde a prehrmnary analysis of its findings separately Staff beheves that transportaUon impact fees are hmlted as an altemaUve solution, and that further evaluation will reqmre slgmficant nme and resources Permanent traffic counters should be mstalled at strategic locations throughout the Teasley Study Area to allow constant monitoring and measurement of traffic volumes as growth continues to add new vehicle trips Current stares Funding has been found to pay for the traffic counters, and the purchase and installation ofnecessary eqmpment will take place by the end of July 2000 The counters wall enable staffto mmntain contanuous data regarding traffic volumes at eight different pmnts in the Teasley Study Area Level of Service (LOS) standards wall be used on two levels For the lmenm period when roadway improvements have not reached the point of full Moblhty Plan capacity, a "tolerable" standard has been established as an LOS E for no mom than 120 continuous minutes, or an LOS F for no more than 60 continuous minutes Once full Mobility Plan capacity has been reached, an acceptable standard will be LOS D Current Status These measures will be used as thresholds to determine how to address traffic problems, either through adequate pubhc facllmes reqmrements, or through other regulatory means Staffrecommends that these standards also be used w~tlnn the context of existing regulations as appropriate An evaluation of potential Community Act~vlty Centers that could be located centrally withm the Teasley Area should be conducted The Commumty Activity Centers provide substantial benefits; they attract 75 percent of the internal trips that would otherwise be destined for the 1-35E retail centers located at Llllmn Mffier and Swisher. Current status Planmng & Development and Englnecnng & Transportation staffw~ll prepare a prehmlnary recommendation regarding the location of new Commumty Mixed Use Centers w~ttun the Teasley Study Area, as noted ~n the traffic study If the proposed location of any new centers are favorably received, Council could consider an amendment to the Comprehensive Plan that would acknowledge the ad&t~ons OPTIONS Many options are stall available uath respect to potentaal strategies and actions Staff asks that Council be prepared to provide feedback vath regard to the mformat~on prowded in th~s report RECOMMENDATION Staff recommendations are included m the body of t!ns report ESTIMATED PROJECT SCHEDULE Project schedule mformatton is prov:ded above PRIOR ACTION/REVIEW The first review of the Teasley Lane Comdor Study occurred on February 8, 2000 The second work session rhscusslon conducted by Council regarding this topic was held on April 11,2000 FISCAL INFORMATION Prelamnary cost esumates for ROW acquisition and roadway construction are included in the revised traffic study ATTACHMENTS Exl-ublt #1 Revised Teasley Lane Comdor Traffic Study Exhibit #2 Summary of May 18th Teasley Comdor Property Owners / Developers Meeting Videotape recordings of traffic activity observed on several heavily traveled roadways in Demon are belng.~ prepared by staff to assist m LOS chscusslons Staffmtends to have the tape ready for viewing on May23'u Teasley Lane Comdor Traffic Study Prepared By C & P Englneenng, Ltd 3501 FM 2181, Suite 230 Connth, Texas 76205 Assistant City Manager, Development Services EXHIBIT # 1 TEASLEY LANE CORRIDOR STUDY FINAL REPORT Prepared for CITY OF DENTON May 9, 2000 Prepared by C&P Engineering, Ltd. 3501 F.M. 2181 · Suite 230 · Co,nth, Texas 76205 · (940)270-0602 TEASLEY LANE CORRIDOR STUDY CITY OF DENTON PURPOSE OF STUDY The purpose of tbaa study ts to address the traffic tmpact of future developments along the Teasley Lane Comdor dunng the projected 16 year braid out period of 2000 ~ 2016 Tbas comdor includes the influence area affectmg two spectfic street segments Teasley Lane from IH 35E on the north to the Corinth city hrmt on the east, and L~an Miller from IH 35E on the north to Teasley Lane on the south Ftgure 1 has been developed to deptct the influence area that will create the future traffic tmpact on the streets and roads tn the Teasley Comdor Tlus area was tdenttfied by the Ctty's Planmng Department m a document enttfled "The South Denton Project" Page 1 THE SOUTH DENTON STUDY AREA The study area contains approxm~ately 3,207 acres and includes a variety of land uses Table 1 has been prepared to summarize the various land uses as well as the assumed density of development for each use The table also includes the ITE (Institute of Transportation Ensmeers) code associated wath each land use ITE data wdl be utd~l to detemune the trip ends calculated to be generated by the South Denton area It should be noted that the land areas presented m Table 1 include approximately 545 acres that are already budt out and occupied The mapact of these 545 acres was accounted for as being part of the eyastmg traffic patterns m the study area The residential land uses in Table 1 account for 93 4% of the total acreage that makes up the South Denton area The majority of the residents that wall hve in ttus study area wall have no nearby work or shopping destinations, but wdl be required to travel sigmficant distances to satisfy these needs Most of the retail zomng roll occur in Umcorn Lake which is located in close proyanmy to IH 35E As a result, much of its trip attraction wall be from the IH 35 comdor TABLE 1 Trip Generation Data LAND USE ,, ITE, CODE , ] UNITS I QUANTJrrY' Residential 210 smgle farmly homes 8,600 umts (2,768 acres) Residential 220 multt-fanuly apartments 1,030 umts (69 acres) Residential 250 retirement commumty 1,170 umts ( 157, acres) Day Care 565 square feet of gross floor area 20,000 s f (2 acres) General Office 710 square feet of gross floor area 185,130 s f (17 acres) Commercial 820 square feet of gross floor area 969,210 s f (89 acres) (for retail and light industrial) CIv~c Uses N/A acres 85 acres (85 ,acres) CommumcaUon N/A towers 1 tower Tower (20 acre, s) Pale 3 STUDY ASSUMPTIONS AND DATA The completion oftbas study revolved a cooperatave effort between the Consultant and the City's staff ~n terms of developing appropriate assumptions resarding several traffic and land use related issues m the corridor Much of tlus lnfonnatinn was developed by the Planmng Department and was included m "The South Denton Project" document The key assumptions and data used ~n tlus study have been listed below 1 All undeveloped agnculturally zoned or unzoned property m the study area is assumed to be converted to single-family resident~al development at an average gross density of 3 5 dwelling umts per acre 2 The annual population growth rate for the study period is assumed to be about 4 percent per year, corresponding to the Comprehensive Plan population estmmtes 3 Traffic travehng through the study area is assumed to increase at a rate of 4 percent per year 4 Commercially zoned sites were assumed to develop w~th a floor to area ratio of 0 25 1 5 Two connector streets were assumed to be constructed an east/west connector to tie Teasley Lane with State School Road (year 2004), and a north/south connector to tie Wind Raver vath the east/west connector (year 2004) See F~gure 2 6 Two 10 acre Commumty Actixaty Centers were assumed to be ~ncluded in the study area - construction to occur m 2004 with their full ~mpact shown ~n the 2006 traffic projections Two Centers were selected because it was assumed that two would be needed to proxade an adequate level of retail services to tlus area The assumed general location of the Centers has been shown on Figure 2 Tlus area was selected because of its central location vatban the study area and because ttus location was assumed to be able to attract retad customers from the entire study area 7 For the 2000 - 2006 period btuldmg pernuts were assumed to be ~ssued only for those developments that have received final plat approval Page 4 8 The year 2006 was chosen as the break point because ~t was assumed that 2006 was the earliest date that Teaaley (FM 2181) Lane could be expanded 9 The 4% growth m through traffic was assumed to be constant throughout the study period 10 The extension of I-hekory Creek from its intersection w~th Teasley Lane east to mterseet w~th the future FM 2499 roadway was assumed to be completed by the year 2005 Tlus project will be private developer funded 11 FM 2499 was assumed to be constructed by the year 2010 12 The absorption rate for the 2006 - 2016 period was assumed as follows 8% in the first year, 7% m the second year, 6% in the tturd year, and 4% thereafter Based on these assumed absorption rates, the total build out of the South Denton area was calculated to occur by the year 2016 , I The C~ty's Comprehensive Plan estimates a city-wide population increase of approyamately 33,000 from 1999 through 2008 2 C~ty-wide, dunng 1998 and 1999, s~ngle-famfly building pernuts were issued at an average rate of 70 per month, or 840 per year Multl-fanuly building pernuts were issued at an average rate of 42 umts per month, or 504 per year Tbas represents an annual growth rate of approyamately 4 percent per year for the city as a whole Page SCHOOL AREAS Concern has been expressed regarding the impact of school related traffic on the South Denton area street system - especially as it relates to school related trips that originate m the City of Corinth Figure 2 has been prepared to depict the relative locations of the existing and assumed schools that may influence the South Denton area Estimates of the level of influence on Denton schools have suggested the following percentages of Connth students at schools m the South Denton area MoMath Middle School 30% Houston Elementary School 50% McNalr Elementary School 90% Veincular school related traffic from Connth has a defimte unpact on Denton streets especially m the morning commuter peak period Studies have shown that the pealong charactenstms around schools are drfferent m two ways from peak period conditions that would typically be encountered on the way to work each morning 1 School area peak period traffic volumes are two to three time higher than the typical peak period volumes on non-school area streets 2 The time period dunng which the school peak period occurs is typically 20 minutes m length winle the typical non-school area peak period duration is 60 minutes A number of new schools have been planned for construction m the City of Connth Tins is a direct result of the slgmficant population growth in both Connth and Denton These new schools w~ll certmnly relieve the Connth school related traffic unpact on Denton streets However, the decline m the Connth population in Denton schools will be simply replaced by an increase in students from the South Denton area In completing this corridor study we have interpreted tins sinR in the school populations in the following manner The peak period traffic patterns will show a change from a definitive orientation to and from the southeast to a more centralized local area pattern The overall da~ly traffic volumes and patterns w~ll not reflect as sigmficant a change as will tbe peak periods Tins Is due to the influence of other major components of the typical traffic stream the home to work traffic, the work to home traffic, and the retail/commercial traffc generated by the projected 10,800 residential umts in the South Denton area Page 6 McMATH MS HOBSON ~OUS~ON ES l OEN£RAL AR£A FOR LOCATION OF ACTIVITY RYAN / I / ROBINSON I j ~s I I CREEK I I McNAIR ~:: \~ ~ AREA SCHOOLS HS/ES m\ FUTURE STREETS SCHOOL LOCATIONS TEASLEY LANE CORRIDOR STUDY DENTON, TEXAS TEASLEY (FM2181) FIGURE 2 Page 7 EXISTING CONDITIONS A number of traffic related data collection efforts was undertaken to estabhsh the existmg conditions for this study These efforts resulted in the collection of the following reformation t The Consultant collected peak hour turmng movement counts In November and December 1998 at eight key intersection locations w~thin and adjacent to the South Denton area These locations have been identified m Figure 3 and the count summary sheets have been included m a separate attachment to this report 2 The City collected 24-hour traffic counts in March 2000 at 12 locations in the study area Figure 4 ha~ been prepared to depict these dmly traffic volumes This 24-hour data was recorded by 60 minute periods and the computer pnnt out for each location has been included in a separate attachment to this report 3 Field data wth regard to the number of traffc lanes on the major streets in the study area and the locations oftraffc signal installations was collected by the Consultant This data has been recorded on Figures 5 and 6 4 A license plate survey was conducted in February 1999 for the South Denton area In tins effort the heense plate numbers of all traffic entenng and exiting the study area were recorded dunng the mormng peak period of 6 45 - 8 45 am and dunng the afternoon peak period of 4 30 - 6 30 pm The purpose of the hcense plate survey was to collect data that would allow the Consultant to quantify the amount of "through" traffic in the study area In other words, the amount of the traffic that passes through the area - it has no origin or destination w~thln the area This mformat~on was determined for traffic entenng and exiting the South Denton study area as follows along Ldhan Miller on the north, along Teasley Lane on the north, along Ryan Road on the west, along I-hckory Creek Road on the west, along Robinson Road on the east, and along Teasley lane on the south The results of the license plate survey have been depicted on Figures C1 - C6 and Figures D1 - D6 which have been recorded ~n a separate attachment to this report A table has also been included in a following section (Analys~s of Traffic Stream Components) of this report that summarizes the "through" traffic results Page 8 HOBSON RYAN ROBINSON PEAK HOUR COUNT LOCATIONS TEASLEY LANE CORRIDOR STUDY DENTON, TEXAS ~ TEASLEY (FM2181) I~ iI~ ~II~~~l'~ ~lll~ll~iI. FIGURE 3 803~ Page g 182 3550 7397 ""~-- HOBSON ~ 572 4254 5190 2039 RYAN 2063 2171 l ~ 1879 ROBINSON  1720 CREEK LEGEND 1736 YEAR 2000 I 24-HR VOLUME 8422 MARCH 2000 24-HOUR TRAFFIC VOLUMES TEASLEY LANE CORRIDOR STUDY DENTON, TEXAS TEASLEY (FM2181) Po9e 10 4D 4D 4U HOBSON~ 2U 4D TRANSITION AT BENT OAKS 0 0 2U2U RYAN ~_ 2U TRANSITION AT ROBINSON CORINTH CITY LIMIT 2U 2U CREEK 2U 2 LANE UNDIVIDED 4U 4 LANE UNDIVIDED 4D 4 LANE DIVIDED 6D 6 LANE DIVIDED 2u EXISTING STREET SECTIONS TEASLEY LANE CORRIDOR STUDY DENTON, TEXAS TEASLEY (FM2181) ~1~ ~~~,, ~11~. FIGURE 5 805~~' Poge 11 HOBSON RYAN ROBINSON ~.~g LEGEND ~' · EXISTING SIGNALS '"'(~EK ) 0 FUTURE SIGNALS TRAFFIC SIGNAL LOCATIONS TEASLEY LANE CORRIDOR STUDY DENTON, TEXAS TEASLEY (gM2181) 8050 Pege 12 PROGRAMMED CAPITAL IMPROVEMENTS A number of capital improvements are planned for the general study area These improvement projects vary as to size and scope as well as to the level of impact they will have on the traffic volumes and patterns on the exastm8 South Denton area street system These capital improvement projects have been listed below along with their scheduled/estimated construction dates 1 Wind Paver Extension The extension of Wind l~ver from its intersection wtth Teasley/Ldhan Mdler east to intersect with the southbound IH 35E frontage road was accomplished during 1999 This project has created an alternative route for area residents that seek to travel southbound on IH 35E and want to bypass the IH 35E and Loop 288/Ldhan Mallet interchange 2 IH 35E Ramp Reversals The erastmg ramp configuration at IH 35E and Loop 288/Ldhan Ivhller is estxmated to be reconstructed by the year 2003 This improvement should reduce the traffic volumes on both Lflhan Miller and Teasley Lane through the South Denton area, but its most slgmflcant impact will be to maprove traffic operations and safety at the interchange itself 3 I-hckory Creek Expansion Tins project will result xn the widemng of I-hckory Creek Road from a two lane to a four lane cross section The project will extend from FM 1830 to FM 2181 and Is scheduled to be completed by the year 2002 Tins will be a City/County funded project and will prowde increased capacity for area motorists travehng along I-hckory Creek between the hrmts of this project 4 FM 2499 Tins project will result an the construction of a major arterial road from the south over Lake Lewis~alle that will intersect IH 35E at the State School/Mayhill Road interchange This project has been estimated to be constructed by the year 2010 This project will allow residents east of Teasley Lane an alternative to access IH 35E other than using the existing route of Teasley Lane/Lflhan Miller The City's current Mobility Plan depicts the projected road system including these four projects that affect the South Denton area Page 13 INITIAL SOUTH DENTON AREA GROWTH In this section of the report we have responded to concerns expressed by City staffthat the nut,al traffic growth m the South Denton area may have been qmte slgraficant We determined that the mmal growth that has prectp~tated the concerns regarding the South Denton area began m 1997 In order to quant~ the uut~al growth, we obtained the city's 1997 count map and compared that count data with corresponding count data that was collected in 1998 Table 2 has been prepared to summarize the results oftlus comparison TABLE 2 Initial Growth Evaluatson LOCATION 1997 1998 % COUNTS COUNTS GROWTH Lflhan M~Her 12,672 vpd 14,668 vpd 15 6% IH 35 - Southndge Teasley 6,433 vpd 9,923 vpd 54 3% Londonderry - Hobson Teasley 7,983 vpd 9,561 vpd 19 8 % Hobson - Lflhan Miller Teasley 3,471 vpd 7,510 vpd 116 4 % Lflhan Miller - Robinson TOTAL 30,559 vpd 41,662 vpd 36 3% As can be seen, the traffic growth over the South Demon area was s~gmflcant - especmlly on Teasley Lane south of Lflhan Mailer Our assumption for ttus study was an average annual growth rate of four percent, but dunng the 1997 to 1998 period the growth rate averaged apprordmately 36% It should be noted that dunng 1997 to 1998 there were very few new residential umts completed m the study area Most of the new housing did not come on hne until late ~n 1998 As a result, the average 36% growth ~n the South Denton area traffic during that t~me permd may be due to the influence of the Corinth related growth as well as the growth in Denton jobs and retail sales Page 14 TRIP GENERATION AND DISTRIBUTION Emmated vehicle mp ends to and f~om the study area were calculated utdmng trip generation rates and characterizes collected and compded by the Institute of Transportation Ensmeers (ITE) Tables 3 and 4 have been prepared to summarize the associated trip generatmn data and the calculated trips that are anticipated to be generated by the South Denton study area as dep~eted m F~gure 1 Table 3 reflects the land use and trip generation data for the development of the Teasley Lane Comdor study dunng the SlX year period of 2000 - 2006 Only those propemes that have received final plat approval but have yet to be developed are included m this table TABLE 3 Calculated Trip Ends Year 2000 - 2006 Period LAND ADT AM PEAK HOUR PM PEAK HOUR. IN (rich) [ OUT (vph) IN (vph) [ OUT (vph) S F Residential 20,432 400 t,201 1,380 776 (2,135 umts) M F Residential 0 0 0 0 0 (0 umts) Mobile Home Park 1,106 19 73 80 49 (230 umts) Retirement Commumty 0 0 0 0 0 (0 umts) Day Care 0 0 0 0 0 (0 sf) General Office 2,038 254 35 47 229 (185,130s f) General Retail 1,402 21 13 59 64 (32,670 s f) Total 24~978 694 1 ~322 1 ~566 1 ~ 118 ADT = average dtuly trips, vpd = vetucles per day, vph = vebacles per hour, m = velucles entenng the s~te, out = velucles crating the s~te, and s f = square feet Page Table 4 reflects the land use and trip generauon data for the development of the Teasley Lane Comdor study dunng the I0 year period of 2006 - 2016 Th~s 10 year development period includes all remmmng propemes that were not ~ncluded m Table 3 TABLE 4 Calculated Trip Ends Year 2006 - Year 2016 LA-ND ADT AM PEAK HOUK PM PEAK HOUR ( oh> (vph) { OUT (,.oh) S F Residential 49,334 967 2,900 3,332 1,874 (5~ 155 umts) MF Res~denttal 7,188 88 465 450 222 (1,084 umts) Mobde Home Park 0 0 0 0 0 (0 umts) ~ Retirement Commumty 3,160 90 109 177 139 (1,170 umts) Day Care 1,586 135 119 124 140 (20,000 s f) General Office 0 0 0 0 0 (o sf) General Retml 39,728 582 372 1,662 1,800 (925,650 s f) Total 100~996 1,862 3,965 5,745 4~175 ADT = average dmly tnps, vpd = vebacles per day, vph = velucles per hour, m = velucles entenng the site, out = velucles eyatmg the s~te, and s f = square feet The trip ends m Tables 3 and 4 were &smbuted to and fi.om the study s~te based on the s~te's location w~th respect to area development, nearby streets and roadways, and eyastmg traffic patterns It should be noted that the actual number of trips d~stnbuted was adjusted (by an average of 9 6%) to account for two types of trips short internal raps between res~denual umts and retail s~tes that do not reach any of the major study streets, and work related trips that mclude a stop at a retml s~te on the way to or ~rom work Page 16 PROJECTED TRA~TIC VOLUMES In order to conduct our analyses of the study area's traffic impact on the streets and roads serving the South Denton area, the Consultant developed projected traffic volumes As prevtously stated, based on assumed absorption rates the total braid out of the South Denton area was calculated to occur by the year 2016 This study addressed the 16 year period of 2000 - 2016 and as such traffic volume projections were developed for each two year period dunng that 16 year study period F~gures 7 through 11 have been developed to depict the projected traffic volumes along the major streets w~thln the South Denton study area for the 10 year period of 2000 - 2010 Tlus first analysis of the projected traffic volumes was concerned wath the traffic impact on the Comdor w~thout FM 2499 The next section of this report analyzes the traffic ~mpact on the Corridor with FM 2499 and therefore deals w~th the slx year period 2010 - 2016 Three p~eces ofmfomuttton are provaded for each street the projected traffic volume for that design year, the eyastmg street cross section, and the street cross section recommended to support the projected volume These projected volumes consist of three components the 2000 traffic volume (base tra~c) for that street, the through traffic volume (background traffic) as deternuned from the hcense plate survey, and the trip ends generated by the South Denton area (site traffic m Tables 3 and 4) and distributed along the streets watlun the study area In order to account for the average annual growth m traffic due to the growth in the county's population, the through traffic volumes were increased by an annual growth rate of 4 0% Page 17 20,500 15,000 4D/4D 17 300 4D/4D HOBSON~I~, T 1,500 8 550 4u/4u 2U/2U 14,100 4D/4D g 15 350 m 5,150 2u/2ua~l~ 4 850 RYAN 2u/2u ROBINSON 10,350 2U/2U ~ ,,~,250 LEGEND u/2u EEK I 24-HR VOLUME ~ 9 400 2U/4U I L--NEEDED STREET SECTION EXISTING STREET SECTION YEAR 2002 PROJECTIONS TEASLEY LANE CORRIDOR STUDY 9 250 DENTON, TEXAS 2u/2u ~ TEASLEY (FM2181) I~ ~ p j~J~~e' ~1111~1~'' FIGURE 7 Page 18 21,650 14.200 4D/4D 1~050 4D/4D HOBSON 2 300 9,300 15,700 4U/4U 2U/2U 4D/4D 17,700 ~ ~,ooo -- 6,100 2U/2Ul 5,750 RYAN 2U/2U ROBINSON 12,700 · 2U/4D ~ j~,050 ~ U/2U CREEK I 24-HR VOLUME W 9,400 2U/4U J [--NEEOEO STREET SECTION EXISTING STREET SECTION YEAR 2004 PROJECTIONS TEASLEY LANE CORRIDOR STUDY ~1,500 DENTON, TEXAS I~"2u/4D ~._ TEASLEY (FM2181) 805BFog8 20,350 12,850 4D/4D 15 550 4D/4D HOBSON,,~. T 2,450 9 900 4U/4U 15,950 2U/2U 4D/4D 18,550 2,000 -/2U 11,000 2U/4DJ~ 7,150 RYAN 2U/2U ROBINSON 14,600 ..~~ 1~0,050 U/2U LEGEND ~ 9,400 2u/4u I I NEEDED STREET SECTION EXISTING STREET SECTION YEAR 2006 PROJECTIONS TEASLEY LANE CORRIDOR STUDY 13,95o DENTON, TEXAS ;2U/4D ~.~ TEASLEY (FM2181) IiI ~j~j~JJJ~j~J~, ~,jllIl~. FIGURE g 8OE~*~ Poge 20 21,950 14,450 17,750 40/4D HOBSON,~, T 3,800 11 050 4U/4U 2U/4U 18,200 2%950 4D/4D 3,550 -/2U 13,100 2U/4D'~ 8,700 RYAN 2U/2U ROBINSON 18,000 ~ lal~1'950 LEGEND U/,~D EEK [ 24-HR VOLUME ~ 9 400 2u/4u I I NEEDED STREET SECTION EXISTING STREET SECTION YEAR 2008 PROJECTIONS TEASLEY LANE CORRIDOR STUDY 16,7oo DENTON, TEXAS J~2u/4D ~.. TEASLEY (FM2181) 8O P(3ge 21 23,700 16,250 4D/4D 19 950 HOBSON,~I~ 4D/4D ~ 12'300T 5,350 2U/4U 20,600 25,700 4U/4U 5,250 -/2u 15,450 2U/4D,.L 10,350 RYAN 2U/4U ROBINSON 21 800 · 2U/6D · LEGEND 14100 ,~/~ 2U/4D r 24-HR VOLUME CREEK 9,400 ~ 2u/4u I I NEEDED STREET SECTION EXISTING STREET SECTION / YEAR 2010 PROJECTIONS 1 TEASLEY LANE CORRIDOR STUDY L 19 750 DENTON, TEXAS I-'-.-,..L,.z'U/4D TEASLEY (FM2181) I' IBII'C~I:IrB~it, Z~C~, b'l"O. ,',CURE 805~ Poge 22 IMPACT OF FM 2499 ON THE TEASLEY LANE CORRIDOR The capital ~mprovements d~scussed m a prevmus section are needed ~mprovements and voll be constructed at varying points in the future However, the FM 2499 project has a s~gmficant amount ofuncert~unty w~th regard to ~ts eonstructmn date In th~s study we have assumed that it would be constructed m the year 2010 S~nce tlus ~s a very important as well as polmcal project, the construction date could occur well beyond or well before the budd out of the study area As a result, we have developed Figures 12 - 15 m order to illustrate the projected impact of FM 2499 on the study area streets assunung a year 2010 construction completion date for FM 2499 We have ~denttfied three key components of the study area traffic stream that would utd~ze FM 2499 1 The first component would be the South Denton area traffic located m the area bounded by IH 35 on the north, State School Road on the east, Teasley Lane on the west, and the City of Corinth on the south Tlus would be the most likely source to use FM 2499 However, since the alignment oftlus road ~s on the very east edge of the South Denton area, some of the study area traffic would still seek to utd~ze Teasley Lane 2 The second component would be the background traffic that passes through the South Denton area Our analysis assumed that approyamately 50% of the possible north/south through traffic would ut~hze FM 2499 3 The thtrd component would include those motorists that would seek a less congested north/south route hke FM 2499 rather than face the congested traffic operations along Ldhan Miller and Teasley Lane As traffic volumes steadily increase and the abd~ty of the street system to carry and move the vehicular traffic decreases, there vail be a greater tendency for mctonsts to seek nearby less congested routes Th~s wdl become very evident when capacity levels exceed the C~ty's estabhshed acceptable level of sermce "D" Our analysis of the traffic data ~n Tables 3 and 4 md~cated that the construction of FM 2499 would result m a reduetmn of the projected traffic volumes on Ldhan Mdler/Teasley Lane between IH 35 and the Connth C~ty L~rmt by 15 - 20% Th~s reduet~on would result ~n a s~gmfieant improvement ~n the serwce levels on the streets and roads w~ttun the study area Page 23 22,500 15,450 49/49 16,950 HOBSON,~i, 40/49 ~ 12 300T 5,350 19,550 49/49 2U/49 20,550 ~ 40/49 o 5 250 % -/2u 15,450 2U/4D'~,, 10 350 RYAN 2U/4U ROBINSON 2 500 -\4u 18,550 14,100 29/49 LEGEND E 2U/49 K [ 24-HR VOLUME  9 400 29/49 I I NEEDED STREET SECTION EXISTING STREET SECTION 17 800 2u/49 YEAR 2010 PROJECTIONS TEASLEY LANE CORRIDOR STUDY DENTON, TEXAS TEASLEY (FM2181) Poge 24 24 650 17,550 4D/4D 19,400 4D/4D HOBSON,~i~ 13 900T 7,400 4u/4u 2U/4U 22,550 24 500 J 40/60 3 550 -/2u 18,550 2U/4D~L 13 800 RYAN 2U/4D 000 ROBINSON 22,800 16,950 2U/60 3 500 LEGEND EEK I 24-HR VOLUME  9 400 2U/4U I L NEEDED STREET SECTION EXISTING STREET SECTION 21 550 YEAR 2012 PROJECTIONS TEASLEY LANE CORRIDOR STUDY DENTON, TEXAS TEASLEY (FM2181) ~I ~~~~l'w ~,llliI~lI. FIGURE 13 8058 Poge 25 26,800 19,700 4D/4D 21 950 4D/5D HOBSON,~,, 15 550T 9,450 · 4u/4u 2U/4U 25,550 28,450 4D/6D 9 800 % -/2u 21,650 2U/4D,~L 16 250 RYAN 2U/4D 55o0 ROe~NSON 27,050 19,800 2U/6D 5 000 LEGEND ~EK ~2U/4B i 24-HR VOLUME '~ ~ 9,4001 2u/4u I L--NEEDED STREET SECTION EXISTING STREET SECTION 24,950 2U/6D YEAR 2014 PROJECTIONS TEASLEY LANE CORRIDOR STUDY DENTON, TEXAS TEASLEY (FM2181) 8058' Page 26 29,000 21,900 4D/69 24,500 HOBSON,~ 4D/SD ~x~ 17'200T 11 500 4u/4u 2U/4U 28,600 32,450 ~ 49/6D 0 12,100 % -/~u 24,800 2U/6D~ml~ 18,700 RYAN 2U/4D 000 ROBINSON -/4D 31,350 22,650 2U/6D 7 000 LEGEND "'~,~ ? ,~ 2U/4D ",-(,,~EEK I 24-HR VOLUME '~ ~ 9,400 2U/4U I NEEDED STREET SECTION EXISTING STREET SECTION 28,550 2U/6D YEAR 2016 PROJECTIONS TEASLEY LANE CORRIDOR STUDY DENTON, TEXAS TEASLEY (FM2181) 8058f. Po§e 27 ANALYSIS OF TRAFFIC STREAM COMPONENTS For tins report we have prepared Table $ to summarize the three basra components of the traffic volumes and projectmns that have been prepared for tins study The three components have been prevtously ~dent~fled m tins report and are described as follows "B0ze" - These values represent the ex~stmg local traffic that was counted m our traffic counts m 2000 They were derived by removing the "thru" traffic volumes (obtained tn the hceese plate surveys) from the 2000 counts "Tin'u" - These values are indicated m red and represent the through traffic volumes obtained m the hcense plate surveys When added to thc '`base" values the results equal the ex~stmg 2000 volumes "Dev" - These values represent the new development traffic expected to be generated by thc assumed development m the South Denton Area When added to the "base" and "thru" traffic values, the results equal the projected volumes These three values as well as their percentage of the total traffic (represented m the table by the "all" value) have been included m Table 5 Due to the s~ze of the table that would be rcqmred to present tins data we have instead selected a representative sample of the 16 year period Tins sample should be of sufficient s~ze to see the growth trends of the three traffic stream components As can be seen m the table, the "thru" traffic volumes m the ex~stmg (2000) conditions represent a slgntficant percentage of the total traffic As the South Denton area develops over the 16 year study period, the percentage of the "thru" traffic slgmficantly decreases m most cases while the percentage of the "development" traffic stgmflcantly increases m all cases A rexqew of the table will reveal a dtscont~nmty in the traffic volumes beginning tn the year 2006 It was at tlus point that the tmpact of the two State School Road connector streets and the two actiwty centers was tntroduced mto the analys~s In order to simulate the resulting change tn the erastmg traffic patterns, we had to assume new "base", "thru", and "dev" values - thus the discontinuity m the traffic volume projections A sumlar dtscontmmty ts also noted m the year 2010 due to the ~mpact of FM 2499 Page 28 Page 29 Page 30 Page 31 FINAL OBSERVATIONS Based on the results of our analyses and the findings presented in Figures 7 - 15, we have developed observatmons regarding potential mtersectmon turn lane requirements as well as street and roadway lane needs Table 6 has been developed to present the operatmonal senace level of the key streets mn the study area based on the city's capmtal unprovement strate~ The table sununanzes each street/roadway segment with mrs projected cross sectmon based on the cmty's current capmtal mmprovements constructmn estunates for the 2000 - 2016 period Table 6 also includes the "level ofservxce" assocmted with each street over the 16 year study period Levels of servxce be~n v~th "A" which suggests hght, free flowing traffic with neghg~ble mterruptmons and proceed to "F" which suggests heavy, nearly stopped traffic with many mterruptmons Typmcally the desmrable levels of servtce are "A" through "D" with "E" and "F" being undesmrable We have attached a detaded descnptmon of the stax possmble levels of serwce as well as a figure that illustrates the level of traffic congestmon and vehicular densmty assocmated with each service level As urbamzatmon from the Dallas metroplex area creeps northward towards Denton, cmtmzens of this area are going to gradually experience more and more 'brag cmty type traffic congestmon problems on the Cmty's streets The '~B" and "C" levels of service that were typmcally the norm mn the past are going to be replaced with "D", "E", and even "F" sepaee levels mn the future The need to address these future traffic congestion problems ms real and should not be numnuzed or mgnored It should akso be noted that the levels of serwce presented mn flus report reflect the traffic operatmons that are pr0jeeted to occur dunng the peak periods ofoperatmon on each street and road These peak periods will typmcally last for one to two hours dunng the mormng and evemng commuter tune penods The servmce levels dunng the non-peak periods are expected to occur at acceptable levels A review of Table 6 suggests that an aggressmve approach to the funding of street mmprovements for the South Denton study area may be needed If the Cmty of Denton eontmnues to grow as has been suggested in the South Denton Project report prepared by the Cmty's Planning Department and then expanded upon m this study, then major street widening ~mprovements will be necessary over the next ten years Also for your mformatmon we have attached a table that summarizes street capacmtmes and themr eorresponflmg levels of serwce This was the table used to deternune the serwee levels expressed m tlus study The values ~n the table were determined through an mterpolauon of values mehided m a Texas Department of Transportation table that was presented to the North Central Texas Council of Governments Page 32 TABLE 6 lane Needs Based on Capital Improvement Strategy STREET ~ h'E~DS ~D ~V~L OF s.~vtc~ L~m ~ 4D 4D 4D 4D 4D 4D 4D ~D 5D ~ 35 - Te~l~ "A .... B .... C .... A .... B/C .... B .... C~ .... B/C" "D" T~I~ 4D 4D 4D 4D 6D 6D 6D 6D 6D ~ 35 - ~ad~ "C .... D .... E .... D .... A .... A .... B .... C .... D" T~I~ 4D 4D 4D 4D 4D 4D 4D 4D 6D ~ondond~ - Hobs~ "A .... A .... A .... A .... A' "A .... B .... C~ .... A' Tg~l~ 4D 4D 4D 4D 4D 4D 6D 6D 6D ~ Hobson - L~ ~ "A" "A" "A" "A .... C .... D" "A .... B .... C~" Ta~I~ 2U 2U 2U 6D 6D 6D 6D 6D 6D L~ ~ - Rob~ "D~ .... F .... F .... A .... A .... A .... B .... C~ .... E" Teasl~ 2U 2U 2U 6D 6D 6D 6D 6D 6D Robin - ~ok~ Cmk "B .... D~ .... F .... A .... A .... A .... A .... C .... D~" To~l~ 2U 2U 2U 6D 6D 6D 6D 6D 6D ~¢ko~ C~ - C~W Lint "A .... C~ .... F" "A .... A .... A" "A" "B" "D" Hob~n 2U 2U 2U 2U 4U 4U 4U 4U 4U Co~ Club - T~I~ "B .... C .... B .... B .... A' "A" "B/C .... C~ .... D~" Wind ~v~r 4U 4U 4U 4U 4U 4U 4U 4U 4U To~I~ - ~ 35 "A .... A .... A" "A .... A .... A .... A" "A .... A" Ry~ 2U 2U 2U 4D 4D 4D 4D 4D 6D Co~ Club - To~I~ "A .... A" "A" "A" "A "A' "C .... D~ .... B" Robson 2U 2U 2U 2U 2U 4D 4D 4D 4D Toasl~ - H~d "A .... A" "A" "A .... C "A .... A' "B .... C" ~ko~ Creek 2U 2U 4D 4D 4D 4D 4D 4D 4D C~ Lint - To$1~ "A .... A" "A .... A A' "A .... B .... C~ .... D~" FM 2499 ........ 4D 4D 4D 4D ~ 35 - FM 2181 "A .... A .... A .... A" ~oko~ C~vk ...... 4U 4U 4U 4U 4U 4U Te~I~ - ~ 2499 "A" "A "A" "A" "A" "A" S~tc S¢h~l Co~tor .... 2U 2U 2U 2U 2U 2U 4U ~nnehman - 8~t~ Soh~l "A .... A .... A .... A' "A' "C~ .... A" Page 33 The C~ty should be aware that w~demng projects on Ldhan Ivhller will reqmre the attainment of addmonal right-of-way because the erastmg nght-of-way ~s only 80 feet Future sectmns of Lflhan Miller may reqmre a six lane d~v~ded cross section The m~mmum right-of-way w~dth for such a section ~s 93 feet wtule the desired w~dth ~s 102 feet Ex~stmg sates will lose parlang and/or pomons of their sade yards vath sagmficant screemng walls possably required However, the City has done well on several of the streets m thas area and has designed and constructed them to satisfy the antm~pated growth for many years to come These streets are lasted below Wind River between Ldhan Miller and IH 35 will be able to adequately serve the City's trafe demands m ~ts present condmon for the next 15 years ~fnot indefimtely Teasley Lane between Londonderry and Hobson wdl be able to adequately serve the C~ty's traffic demands m its present condmon for the next 12 years Teasley Lane between Hobson and Lflhan Miller will be able to adequately serve the C~ty's traffic demands ~n ~ts present condmon for the next l0 years F~gure 16 depicts the potential turn lane reqmrement needs at the key ~ntersectaons w~tlun the South Denton area These lane needs will be h~ghly dependent on the development of adjacent and nearby land parcels Because of tins ~t ~s d~fficult to ~dentffy a forecast year by which the antersection lane needs should be ~mptemented The Caty should continue to rexaew and evaluate each development sate ~n thas area for ars ampact on nearby intersect~ons Comanued developer pamc~patmn should be sought ~n the construction of needed intersection tmprovements In th~s manner the ultimate ~ntersectaon lane reqmrements will be accomphshed m a manner consistent wath the traffic ampact at that point m t~me Page 34 INSET "A" INSET "B" SEE INSET "B"--~ INSET "A" HOBSON RYAN ~ POTENTIAL TURN LANE NEEDS TEASLEY LANE CORRIDOR STUDY DENTON, TEXAS ~ TEASLEY (FM2181) & JJ ~ll~OZ3r~3:~O, :J"J'~'8058'rIGU"E~.~6 Page 35 LEVEL OF SERVICE (LOS) EVALUATION Congestion and the resulting delay to motorists typ,cally occurs during the AM and PM peak travel periods These two periods are assoctated wath the home-to-work and work-to-home trips and In the City of Denton they typically occur m the morning during the one hour period of 7 - 8 AM and In the afternoon dunng the two hour period of 4 30 - 6 30 PM The remaimng 21 hours of the day are referred to as off-peak travel periods Dunng the periods of peak travel demand, motorists m metropohtan areas such as eyast in the Dallas- Fort Worth area have learned to expect congested traffic flow and delay on major roadways and streets During these peak periods traffic operations v~ll typically occur at less than acceptable sennce levels - LOS "E" or "F" These peak penods may function at an acceptable serwce level for a portton of their time, but due to traffic volume fluctuations, a portion of the peak period may also occur at an unacceptable level Conversely, dunng the off-peak travel penods motorists have learned to expect uncongested traffic flow and smoother and less interrupted vehicular trips Dunng these off-peak periods traffic operations w~ll typically occur at acceptable service levels - LOS "A" through "D" Ttu's acceptance of specific service levels associated with off-peak and peak period travel demands has become the norm As a result, orgamzat~ons such as TXDOT and NCTCOG develop their traffic control and traffic management strategies and guidehnes around flus concept A key que~on raised was how to momtor the results ofth~s study, that ~s, how do we know ~ftraffic growth ~n the study area is occurring as we have projected If it ~s growing less quickly than anticipated, the City can then choose to delay specific capital improvements or expefl~te development m the area On the other hand, ~fthe growth ~s oecurnng more rapidly than anticipated, the City can then choose to slow down development or expedite implementation of the appropriate capital ~mprovements We have developed a general methodology that we believe will accomplish th~s goal I Estabhsh eight permanent count stations m the Teasley Lane study area 2 Compare the count data on a monthly bas~s w~th the traffic projections developed in this study 3 AdJust the timang of the capital improvements or modify the regulatory strategy as necessary according to the results of the comparison Page 36 We recognuze that a multitude of variables erast in attempting not only to momtor the results of tins study, but also to determine the tmungs, priorities, and mechanisms of the funding of related capital maprovements As a result, it is possible and qmte probable that some streets wll operate at or above acceptable service levels for extended per/ods of time while capital ~mprovements are programed and ultwnately constructed With tins m mind we suggest that the City also momtor the length of the peak per/ods that occur at or above a level ofserv~ce "E" Iftrafc counts consistently indicate a per/od of level of se~ce "E" that occurs for a continuous 120 nunutes or a per/od of level of service "F" that occurs for a continuous 60 n'unutes, then special steps should be taken to amehorate the problem These steps could take the form of traffic management techmques, mass transit, fast traclung of geometric improvements, etc We believe that the referenced 120 and 60 nunute periods are consistent vath what is typically being expenenced by area motor/sts on major streets and Inghways When vetucular delays begin to exceed the expected norm, the d~ssat~sfact~on of motorists increases and their pattence becomes even more tested such that the safety of the driving envaronment Is slgmficantly threatened As an example of tlus phenomenon we have prepared Figure 17 Tins exinblt is a grapincal presentatlonlofthe 24--hour trafc volumes collected on the two lane section of Teasley Lane between Ltlhan Miller and Robinson As can be seen, the total amount of time that traffic volumes exceed the LOS "D" line is approx/mately 120 nunutes from 2 45 - 3 15 pm (30 minutes) and from 4 45 - 6 15 pm (90 nunutes) We should point out that the context wtinn winch we are descninng the peak period data, the levels of serwce, and the monltonng of the study results is one of vehmular volumes only The congestion, the delays, and the d~ssatlsfaction is predicated on a lack of capacity and not on incident situations In other words, we do not beheve that congestion due to stalled veincles, accidents, objects In the roadway, or street/roadway construction should be justification for implementing a capital ~mprovement project If congestion and delay due to ~nctdent situations Is a common occurrence at a location that has adequate capacity, then specific action should be taken to address the problem that IS causing the incident s~tuatlon It is our beh~fthat the ideas suggested m tins document be maplemented or utilized on an interim basis until the capital tmprovement strategnes developed as a result of the Teasley Lane Corridor study have been put rotc place When tins occurs, motorists in the South Denton area should experience excellent traffic operations with mimmal congestion and delay Page 37 .moll Jed Sel~lqeA F~gure 17 Page 38 CLOSING C&P Engmeenng, Ltd has conducted a comprehensive traffic study to assess the future infrastructure needs w~th regard to the major streets and roads w~tlun the South Denton area Based on the results of our study Table 6 has been developed to ~dentify the operational senace levels based on the city's current capital improvement strate~,y A renew of Tables 3, 4, and $ indicates that by the end of the 16 year study period the development traffic w~ll constitute the major port~on of the typical traffic stream w~ttun the study area To address the infrastructure needs summarized m Table 6, especially on the state's facd~ty Teasley Lane, w~ll requtre new and aggressive funding mechamsms It ~s ~mperative that the City estabhsh the process to create these funding mecharasms as qmcldy as possible m order to implement the Table 6 lane needs m a timely manner With the appropriate process m place the City's growth can be maintained rather than halted or stagnated and traffic flow throughout the South Denton area can be prowded m a manner acceptable to Denton residents Page 39 HOBSON RYAN ROBINSON PERMANENT COUNT STATIONS TEASLEY LANE CORRIDOR STUDY DENTON, TEXAS TEASLEY (FM2181) A-1 Page 41 $ 427,000 680,400 LEGEND I, CONSTRUCTION COST XXXX I XX -- STREET CROSS SECTION XXXX ROW COST $ 1,594,000 $ 613,500 HOBSON $ 34407001 2U $ 1423,200 4U $ 65,200 $ 985,700 6D UNKNOWN $ 483,400 o $ 4,217,300 $ 579 600 I 4U $ 1,366,500 N/A 5,755,900 $$ 1,435,000 4D RYAN $ 1 984 500 N/A ROBINSON $ 5,966,900 $ 2,496,600 6/~D $ 242,800 J 4D $ 577,000 CREEK NOTE ALL COSTS ARE ~ ~4D BASED ON THE YEAR 2000 VALUES 993,100 s 4,4s6,000/I , COST ESTIMATES $ 832,000/""'°DJ N/A TEASLEYDENToN,LANE CORRIDORTExAS STUDY L ~ .~. TEASLEY (FM2181) Page 42 LEGENO i CONSTRUCTION COST XXXX J XX STREET CROSS SECTION XXXX I ROW COST HOBSON $4,217,300 $ 1,366,500 RYAN ROBINSON / $ 2 496 600,,,~n CREEK 577 000 NOTE ALL COSTS ARE BASED ON THE YEAR 2000 VALUES COST ESTIMATES TEASLEY LANE CORRIDOR STUDY DENTON, TEXAS TEASLEY (FM2181) Page 43 Teasley (I-35 to Londonderry Lane) PRELIMINARY RIGHT-OF-WAY ESTIMATE IParcel#1 8ubdlvi,ionIProp r-o-wlAcclulsition*I AreaI$/sq PurchaseS I TotalCost ] P-I 120-foot $ 20 000 00 3375 15 $ 50,625 00 $ 70,625 00 P-2 120-foot $2000000 1125 15 $ 16,87500 $ 36,87500 P-3 120-foot $2000000 6000 15 $ 90,00000 $ 110,00000 P-4 120-foot $ 20 000 00 3750 13 $ 48,750 00 $ 68,750 00 P-5 120-foot $ 20 000 00 1875 13 $ 24,375 00 $ 44,375 00 P-6 120-foot $ 20 000 00 1875 10 $ 18,750 00 $ 38,750 00 P-7 120-foot $ 20 000 00 3000 15 $ 45,000 00 $ 65,000 00 P-8 120-foot $2000000 8750 13 $ 87,75000 $ 107,75000 P-9 120-foot $ 20,000 00 5250 13 $ 68,250 00 $ 88,250 00 P-10 120-foot $ 20,000 00 3000 10 $ 30,000 00 $ 50,000 00 I Total Acquisition for Section $ 680,375 00 I P~ge 44 Taasley (Londonderry Lane to Hobson Lane) PRELIMINARY RIGHT-OF-WAY ESTIMATE IParcel#1 SubdMs~onIProp r-o-wlAcqu~s~on*I Area IS/sq ttI PurchasesI TotalCostI P-1 120-foot $13,000 00 1500 8 $ 12,000 00 $ 25,000 00 P-2 Park 120-foot $10,000 00 63000 3 $ 189,000 00 $ 199,000 00 P-3 120-foot $10,000 00 15000 3 $ 45,000 (30 $ 55,000 00 P-4 120-foot $10,000 00 3750 8 $ 30,000 (30 $ 40,000 00 P-5 120-foot $10,000 00 4500 8 $ 36,000 00 $ 46,000 00 P-6 120-foot $10,000 00 31500 3 $ 94,500 00 $ 104,500 00 P-7 120-foot $10,000 00 12375 5 $ 61,875 00 $ 71,875 00 P-8 120-foot $10,000 00 6375 3 $ 19,125 00 $ 29,125 00 P-9 120-foot $10,000 00 11000 3 $ 33,000 00 $ 43,000 00 I Total Acquisition for Section $ 613,500 00 I Page 45 Teasley (Hobson Lane to Lilllan Miller) PRELIMINARY RIGHT-OF-WAY ESTIMATE IParce~#ISu~d~,,onIProp r-o-wlAcqulsltion*I Area IS/scl "1 PurchaseS I TotalCost I P-1 120-foot $10,00000 1500 5 $ 7,50000 $ 17,50000 P-2 120-foot $10,000 00 12375 5 $ 61,875 00 $ 71,875 00 P-3 120-foot $10,000 00 7000 5 $ 35,000 00 $ 45,000 00 P-4 120-foot $10,000 00 10500 5 $ 52,500 00 $ 62,500 00 P-5 120-foot $13,000 00 7875 10 $ 78,750 00 $ 91,750 00 P-6 120-foot $10,000 00 8000 3 $ 24,000 00 $ 34,000 00 P-7 120-foot $10,00000 7000 3 $ 21,00000 $ 31,00000 P-8 120-foot $10,000 00 2250 3 $ 6,750 00 $ 16,750 00 P-9 120-foot $10,000 00 3750 3 $ 11,250 00 $ 21,250 00 P-10 120-foot $13,000 00 7875 10 $ 78,750 00 $ 91,750 00 I Total Acquisition for Section $ 483,375 00 I Page 46 Teasley (Lilllan Miller to Robinson Road) PRELIMINARY RIGHT-OF-WAY ESTIMATE IParcel#l SubdM.lon IProp r-o-wlAcquimt~on*I Area IS/sq flI PurchaseSI TotalCost P-1 120-foot $ 20,000 O0 10500 10 $ 105,000 O0 $ 125,000 O0 P-2 120-foot $10,000 O0 3375 3 $ 10,125 O0 $ 20,125 O0 P-3 120-foot $10,000 O0 4250 5 $ 21,250 O0 $ 31,250 O0 P-4 120-foot $10,000 O0 1000 5 $ 5,000 O0 $ 15,000 O0 P-5 120-foot $10,000 O0 13500 5 $ 67,500 O0 $ 77,500 O0 P-6 120-foot $10,000 O0 1875 5 $ 9,375 O0 $ 19,375 O0 P-7 120-foot $10,000 O0 1875 5 $ 9,375 O0 $ 19,375 O0 P-,8 120-foot $10,000 O0 1800 5 $ 9,000 O0 $ 19,000 O0 P-9 120-foot $10,00000 22500 7 $ 157,50000 $ 167,50000 P-lO 120-foot $10,000 O0 3000 10 $ 30,000 O0 $ 40,000 O0 P-11 120-foot $10,00000 13500 10 $ 135,00000 $ 145,00000 P-12 120-foot $10,000 O0 3375 5 $ 16,875 O0 $ 26,875 O0 P-13 120-foot $10,00000 18000 10 $ 180,00000 $ 190,00000 P-14 120-foot $10,000 O0 10500 5 $ 52,500 O0 $ 62,500 O0 P-15 120-foot $10,00000 11000 8 $ 88,00000 $ 98,00000 P-16 120-foot $10,00000 17000 8 $ 136,00000 $ 146,00000 P-17 120-foot $10,000 00 5000 8 $ 40,000 00 $ 50,000 00 P-18 120-foot $10,000 00 2000 8 $ 16,000 00 $ 26,000 00 P-19 120-foot $10,000 00 2500 8 $ 20,000 00 $ 30,000 00 P-20 120-foot $10,000 00 6000 8 $ 48,000 00 $ 58,000 00 I Total Acquisit~on for Section $1,366,500 00 Page 47 Teasley (Robinson Road to Hickory Creek Road) PRELIMINARY RIGHT-OF-WAY ESTIMATE IParcel#] ,Subdivision IProp r-o-wlAcqulsit,on*[ Area I$/sq flI PurchasesI TotalCost I P-1 120-foot $10,000 00 16500 4 $ 66,000 00 $ 76,000 00 P-2 120-foot $10,000 00 16500 4 $ 66,000 00 $ 76,000 00 P-3 120-foot $10,000 00 31500 4 $ 126,000 00 $ 136,000 00 P-4 120-foot $10,000 00 11250 4 $ 45,000 00 $ 55,000 00 P-5 120-foot $10,000 00 4500 4 $ 18,000 00 $ 28,000 00 P-6 120-foot $10,000 00 3000 4 $ 12,000 00 $ 22,000 00 P-7 120-foot $10,000 00 43500 4 $ 174,000 00 $ 184,000 00 I Total Acqumit~on for Section $ 577,000 00 I Page 48 Teasley (Hickory Creek Road to City Limits) PRELIMINARY RIGHT-OF-WAY ESTIMATE IParcel#1 :Subdivision IProp r-o-wlAcquis~tton*] Area I$/sq ftI PurchasesI TotalCost P-1 120-foot $10,000 O0 8250 4 $ 33,000 O0 $ 43,000 O0 P-2 120-foot $10,000 O0 6000 4 $ 24,000 O0 $ 34,000 O0 P-3 120-foot $ 0 0 $ P-4 120-foot $10,00000 11000 4 $ 44,00000 $ 54,00000 P-5 120-foot $10,000 O0 4000 4 $ 16,000 O0 $ 26,000 O0 P-6 120-foot $10,00000 3000 4 $ 12,00000 $ 22,00000 P-7 120-foot $10,000 00 9500 4 $ 38,000 00 $ 48,000 00 P-8 120-foot $10,000 00 7000 4 $ 28,000 00 $ 38,000 00 P-9 120-foot $10,000 00 1000 4 $ 4,000 00 $ 14,000 00 P-10 120-foot $10,000 00 1000 4 $ 4,000 00 $ 14,000 00 P-11 120-foot $10,000 00 2000 4 $ 8,000 00 $ 18,000 00 P-12 120-foot $10,000 00 2000 4 $ 8.000 00 $ 18,000 00 P-13 120-foot $10,000 00 3000 4 $ 12.000 00 $ 22,000 00 P-14 120-foot $10,000 00 1500 4 $ 6,000 00 $ 16,000 00 P-15 120-foot $10,000 00 4500 4 $ 18,000 00 $ 28,000 00 P-16 120-foot $10,000 00 3500 4 $ 14,000 00 $ 24,000 00 P-17 120-foot $10,000 00 11000 7 $ 77,000 00 $ 87,000 00 P-18 120-foot $10,000 00 14000 4 $ 56,000 00 $ 66,000 00 P-19 120-foot $10,000 00 10000 4 $ 40,000 00 $ 50,000 00 P-2D 120-foot $10,000 00 4000 4 $ 18,000 00 $ 26,000 00 P-21 120-foot $10.000 00 3500 4 $ 14,000 00 $ 24,000 00 P-22 120-foot $10,000 00 3500 4 $ 14,000 00 $ 24,000 00 P-23 120-foot $10,000 00 13500 4 $ 54,000 00 $ 64,000 00 P-24 120-foot $10,000 00 6500 4 $ 26,000 00 $ 36,000 00 P-25 120-foot $10,000 00 6500 4 $ 26,000 00 $ 36,000 00 ~ Total Acquisit~on for Section $ 832,000 00 Page 49 Hobson Lane PRELIMINARY RIGHT-OF-WAY ESTIMATE IPa ,#1 su,~,,.,..~,. IProp r-o-wlAcqu,sit,on*I Area I$/sq flI PurchasesI TotalCostI P-1 Monte~lto 80-foot $ 0 3 $ $ P-2 80-foot $ 0 2 $ $ P-3 Tdnlty Addition 80-foot $ 0 3 $ $ P-4 80-foot $ 0 2 $ $ P-5 Forestridge 80-foot $ 0 3 $ $ P-6 80-foot $ 0 2 $ $ P-7 80-foot $10,000 00 6600 2 $ 13,200 00 $ 23,200 00 P-8 80-foot $10,000 00 6700 2 $ 13,400 00 $ 23,400 00 P-9 80-foot $10,000 00 4300 2 $ 8,600 00 $ 18,600 00 P-10 Davis Oaks 80-foot $ 0 3 $ $ $ 80,000 00 [ Total Acquisition for Hobson $ 65,200 00 [ J P~ge 50 Ryan Road PRELIMINARY RIGHT-OF-WAY ESTIMATE IParcel#1 Subd vision IProp r-o-wlAcqu,s,t,on*I Area I$/sq ftl PurchaseSI TotalCost I P-1 Lakewood ~=onvenlence 120' $10,000 00 7400 3 $ 22,200 00 $ 32,200 00 P-2 120' $10,000 00 15600 2 $ 31,200 00 $ 41,200 00 P-3 Hickory Creek Heights 120' $10,000 00 10000 3 $ 30,000 00 $ 40.000 00 P-4 Denton West M H P 120' $10,000 00 31800 3 $ 95,400 00 $ 105,400 00 P-5 120' $10,000 00 9000 2 $ 18,000 00 $ 28,000 00 P-6 120' $10,000 00 22500 2 $ 45,000 00 $ 55.000 00 P-7 120' $10,000 00 6300 2 $ 12,800 00 $ 22.800 00 P-8 120' $10,000 00 10200 2 $ 20,400 00 $ 30,400 00 P-9 Good Saman~tan 120' $ 0 3 $ $ P-10 Ridgemont 120' $10,000 00 17325 3 $ 51,975 00 $ 61,975 00 P-11 Montecito Del Sur 120' $10,000 00 23100 3 $ 69,300 00 $ 79.300 00 P-12 120' $10,000 00 16500 2 $ 33,000 00 $ 43.000 00 P-13 120' $10,000 00 24900 2 $ 49,800 00 $ 59.800 00 P-14 120' $10,000 00 39000 2 $ 78,000 00 $ 88,000 00 P-15 120' $10.00000 10500 2 $ 21,00000 $ 31,000 00 P-16 120' $10.000 00 4500 2 $ 9,000 00 $ 19.000 00 P-17 120' $10,000 00 4500 2 $ 9,000 00 $ 19.000 00 P-18 120' $10,000 00 12900 2 $ 25,800 00 $ 35,800 00 P-19 Thistle H~II 120' $10,000 00 17600 3 $ 52,800 00 $ 62,800 00 P-2Cl, 120' $10,000 00 5000 2 $ 12,000 00 $ 22,000 00 P-21 Forestrtdge 120' $10,000 00 13000 3 $ 39,000 00 $ 49,000 00 P-22 120' $10,000 00 18000 2 $ 36,000 00 $ 46,000 00 P-23 120' $10,000 00 30900 2 $ 61,800 00 $ 71,800 00 P-24 120' $10,000 00 4200 2 $ 8,400 00 $ 18,400 00 P-25 120' $10,000 00 4200 2 $ 8,400 00 $ 18,400 00 P-26 120' $10,000 00 7500 2 $ 15,000 00 $ 25.000 00 P-27 120' $10,000 00 9600 2 $ 19,200 00 $ 29,200 00 P-28 120' $10,000 00 7200 2 $ 14,400 00 $ 24,400 00 P-29 120' $10,000 00 6000 2 $ 12,000 00 $ 22,000 00 P-30 120' $10,000 00 19200 2 $ 38,400 00 $ 48,400 00 P-31 120' $10,000 00 6000 2 $ 12,000 00 $ 22,000 00 P-32 120' $10,000 00 6900 2 $ 13,800 00 $ 23,800 00 P-33 120' $10,000 00 12900 2 $ 25,800 00 $ 35,800 00 P-34 120' $10,000 00 9000 2 $ 18,000 00 $ 28,000 00 P-35 120' $10,000 00 2250 2 $ 4,500 00 $ 14,500 00 P-36 120' $10,000 00 15600 2 $ 31,200 00 $ 41.200 00 P-37 120' $10,000 00 15300 2 $ 30,600 00 $ 40,600 00 Total Acqum~t~on for Ryan Road $1,434,975 00 I Page 51 Robinson Road PRELIMINARY RIGHT-OF-WAY ESTIMATE IParcel#I SubdMa~on IProp r-o-wlAcqu,a,t,on*I Area I$/sq flI PurchasesI TotalCostI P-1 Lakewood M H P 80-foot $ 0 3 $ $ P-2 Wheeler Ridge 80-foot $ 0 3 $ $ P-3 80-foot $10,00000 5000 2 $ 10,00000 $ 20,00000 P-4 80-foot $10,000 00 9000 2 $ 18,000 00 $ 28,000 00 P-5 80-foot $10,00000 4000 2 $ 8,00000 $ 18,00000 P-6 80-foot $10,000 00 2000 2 $ 4,000 00 $ 14,000 00 P-7 80-foot $10,00000 5000 2 $ 10,00000 $ 20,00000 P-8 80-foot $10,000 00 5000 2 $ 10,000 00 $ 20,000 00 P-9 Oakmont II 80-foot $ 0 3 $ $ I Total Acquisition for Robinson $ 120,000 00 I Page 52 Hickory Creek Road PRELIMINARY RIGHT-OF-WAY ESTIMATE IParce #I ~ulxlivl~!on IProp r-o-wlAcclu,slt,on*I Area IS/scI ffl Purchases I TotalCost I P-1 90-foot $10,000 00 12300 2 $ 24,600 00 $ 34,800 00 P-2 90-foot $10,000 00 21300 2 $ 42,600 00 $ 52,500 00 P-3 90-foot $10,00000 10050 2 $ 20,10000 $ 30,10000 P-4 90-foot $10,000 00 750 2 $ 1,500 00 $ 11,500 oo P-8 Hickory Creek Ranch 90-foot $ 0 3 $ $ P-8 Chaucer Estates 90-foot $ 0 3 $ $ P-7 River Oaks 90-foot $ 0 3 $ $ P-8 Oaks of Monteclto 90-foot $ 0 3 $ $ - P-9 McNalr Elementary 90-foot $ 0 3 $ $ P-10 Ryan Ranch 90-foot $ 0 3 $ $ - P-11 90-foot $ 0 2 $ $ P-12 90-foot $ 0 2 $ $ P-13 90-foot $ 0 2 $ $ - P-14 90-foot $10,000 00 4200 2 $ 8,400 00 $ 18,400 00 P-15 90-foot $10,000 00 3450 2 $ 6,900 00 $ 16,900 00 P-16 90-foot $10.000 00 2550 2 $ 5,100 00 $ 15,100 00 P-17 90-foot $10.00000 3900 2 $ 7,80000 $ 17,80000 P-18 90-foot $10,000 00 6600 2 $ 13,200 00 $ 23,200 00 P-19 90-foot $10.000 00 6300 2 $ 12,600 00 $ 22,800 00 Page 53 RIGHT-OF-WAY SUMMARY Total Am ulsltlon for Teesley (I-35 to Londondem/Lane) [ $ 680,375 00 J Total AC( ulsltlco for Teesley (Londonderry Lane to Hobson Lane) [ $ 613,500 00..I Total Ac( ulsltlon for Teealey (Hobson Lane to UIIlan Miller) { $ 483,375 00..I Total Ac~ ualtlon for Teesley (LIIIlan M~ller to Robinson Road) [ $1,366,500 00 J Total Ae.z ulaitlon for Toasley (Robinson Road to Hickory Creek Road) [ $ 577,000 00 J Total AOX usition for Teasley (Hickory Creek Road to City Limits) I $ 832,000 00 I Total Acc ulsition for Hobeen Lane I $ 65,200 00 I Total Acquialtion for Ryan Road I $1,434,975 00 I Total Acquisition for Robinson Road L $ 120,000 oo J ,, Total Acquisition for Hickory Creek Road I $ 242,800 00 I Total Right-of-Way Acquisition Cost I $6,415,725 00 I *Acquisition costs consist of Survey, Appraisal, Negotiation & a 30% chance of Condemnation Page 54 ~ LEVEL OF SERVICE GENERAL DESCRIPTIONS LOS DESCRIPTION A and B No delays at tntersect~ons w~th smooth progression of traffic Uncongested operations, at mgnahzed intersections all velucles clear ~n a tangle mgnal cycle C Moderate delays at intersections w~th satisfactory to good progresmon of traffic L~ght congestion, occamonal back-ups on critical approaches D 40 percent probability of delays of one cycle or more at every slgnahzed intersection No progresmon of traffic along the roadway vath 90 percent probablhty of being mgmfic~ntly stopped at every intersection experiencing "D" con&t~on S~gnflicant congestion on critical approaches, but mtersectmn functional Vehicles required to wmt through more than one cycle dunng short peaks at mgnahzed intersections No long standzng lines formed E Heavy traffic flow condmon Delays of two or more cycles probable at mgnahzed intersections No progresmon 100 percent probabxhty of being s~gmflcantly stopped at intersection Llwat of stable flow Blockage of mgnahzed mtersecttons may occur ff traffic signal does not proxade for protected turmng movements F Unstable traffic flow Heaw congestion Traffic moves m forced flow condition Three of more cycles required to pass through mgnahzed intersections Total breakdown w~th stop-and-go operation Page 55 3 10 FI~EEW&Y$ lllu~tranon $ 5 LOS A lll~xtratlon 3 8 LOS D Illustration 3-6 LOS B lllu~tranon 3 9 LOS E ltltlstratton 3 7 LOS C llht~tratlon 3 10 LOS F October 1994 Page 56 RECOMMENDED MAXIMUM ADT VOLUMES BY FACILITY AND BY LEVEL OF SERVICE CLASS LOS A LOS B LOS C LOS D LOS E LOS F Urban Freeways 4-lane I 44~000 48~400 52~800 58,600 I 64,400 I 70,200 6-lane 66~000 72r600 79~200 87~900 96~800 I 105~300 8-ane 88~000 g6~800 105~600 117~200 128,800 140~400 Urban Divided Streets 4-lane 16~100 17~600 I 19~100 21,050 23~000 24,950 6-1an$ 23~500 25~700 I 27~900 30,450 33~000 35~550 8-lane 29~400 32~150 34~900 38~450 42~000 45~550 Urban Undivided Streets 2-lane I 7~700 8~400 I 9,100 10,050 11,000 11~950 4-lane I 12~600 13~750 I 14~900 16~450 18~000 19~550 6-lane 19~800 21,650 23~500 25,900 28~300 30~700 Rural Freeways 4-lane 20,800 I 26,200 31,000 36,800 142,000 47,200 6-1an~ 31 ~200 39~300 47~400 55,200 63~000 70,800 Rural D~(~ded H~ghways 4-lane I 15~800 17~950 34r200 20r100 6-lane I 23~400 261600 I 29~800 I 24,800 36,600 I 29~500 43~400 50~200 Rural Uqdivided Highways Rolling Terrain 2-lane I 2,200 I 3,000 I 3,800 I 6,900 I 10,000 r 43,1oo Level Terrain 2-lane I 3,200 4,250[5,300 9,400 13,500 17,600 4-lane 9,500 11,250 13~000 15,300 17 600 19,900 6-lane 15,000 17,250 19,500 23,300 27,100 30,900 The figures above were ~nterpolated from a Texas Department of Transportation document presented to the NCTCOG Page 57 JnOH J~d ~lOlqs^ Page 58 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ====== ........ ======= [ Report #1 DATE/TIME/VOLUME Report ]===========: ..... Survey #: 38 Begin: 03/21/00 09:00 End: 03/22/00 09:00 Route: Lillian Miller Lane: 1-35 Hours : 24 hfs Lo¢/Sta Oper: AdJF: 1.000 Period: 60 min Dir: N/B, S of, Posted: mph Raw Count: 8422 Counter:L AADT Factor: 1.00 AADT Count: 8422 Day Date Time Count Tue 03/21/00 09:00 520 Tue 03/21/00 10:00 470 Tue 03/21/00 11:00 520 Tue 03/21/00 12:00 587 Tue 03/21/00 13:00 570 Tue 03/21/00 14:00 473 Tue 03/21/00 15:00 560 Tue 03/21/00 16:00 634 Tue 03/21/00 17:00 676 Tue 03/21/00 18:00 664 Tue 03/21/00 19:00 396 Tue 03/21/00 20:00 232 Tue 03/21/00 21:00 159 Tue 03/21/00 22:00 100 Tue 03/21/00 23:00 39 Wed 03/22/00 00:00 24 Wed 03/22/00 01:00 15 Wed 03/22/00 02:00 13 Wed 03/22/00 03:00 11 Wed 03/22/00 04:00 12 Wed 03/22/00 05:00 106 Wed 03/22/00 06:00 337 Wed 03/22/00 07:00 683 Wed 03/22/00 08:00 621 * Page 1 * Page 59 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ===================== [ Report #1 DATE/TIME/VOLUME Report ]=====~======= ....... Survey #: 39 Begin: 03/21/00 09:00 End: 03/22/00 09'00 Route: Lilllan Miller Lene: 1-35 Hours : 24 hfs Loc/Sta Oper: AdJF: 1.000 Perlod: 60 min Dir: S/B, S of, Posted: mph Raw Count: 6637 Counter:E AADT Factor: 1.00 AADT Count: 6637 Day Date Time Count Tue 03/21/00 09:00 283 Tue 03/21/00 10:00 297 Tue 03/21/00 11:00 385 Tue 03/21/00 12:00 439 Tue 03/21/00 13:00 519 Tue 03/21/00 14:00 495 Tue 03/21/00 15:00 434 Tue 03/21/00 16:00 526 Tue 03/21/00 17:00 579 Tue 03/21/00 18:00 546 Tue 03/21/00 19:00 488 Tue 03/21/00 20:00 338 Tue 03/21/00 21:00 334 Tue 03/21/00 22:00 147 Tue 03/21/00 23:00 74 Wed 03/22/00 00:00 45 Wed 03/22/00 01:00 8 Wed 03/22/00 02:00 20 Wed 03/22/00 03:00 11 Wed 03/22/00 04:00 13 Wed 03/22/00 05:00 22 Wed 03/22/00 06:00 105 Wed 03/22/00 07:00 251 Wed 03/22/00 08:00 278 * Page 1 * Page 60 Page 61 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ===================== [ Report #1 DATE/TIME/VOLUME Report ] ..... ======= ........ Survey #: 22 Begin: 03/01/00 14:00 End: 03/02/00 14:00 Route: Teasley Lane: 1-35 Hours : 24 hfs Loc/Sta Oper: AdJF: 1.000 Period: 60 min Dir: N/B, S of, Posted: mph Raw Count: 9725 Counter:F AADT Factor: 1.00 AADT Count: 9725 Day Date Time Count Wed 03/01/00 14:00 557 Wed 03/01/00 15:00 830 Wed 03/01/00 16:00 872 Wed 03/01/00 17:00 943 Wed 03/01/00 18:00 802 Wed 03/01/00 19:00 501 Wed 03/01/00 20:00 362 Wed 03/01/00 21:00 273 Wed 03/01/00 22:00 206 Wed 03/01/00 23:00 125 Thu 03/02/00 00:00 66 Thu 03/02/00 01:00 62 03/02/00 02:00 47 Thu 03/02/00 03:00 20 Thu 03/02/00 04:00 32 Thu 03/02/00 05:00 124 Thu 03/02/00 06:00 392 Thu 03/02/00 07:00 933 Thu 03/02/00 08:00 633 Thu 03/02/00 09:00 317 Thu 03/02/00 10:00 320 Thu 03/02/00 11:00 381 03/02/00 12:00 514 Thu 03/02/00 13:00 413 * Page 1 * Page 62 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ............. ======= [ Report #1 DATE/TIME/VOLUME Report ] ..... = ...... = ....... Survey #: 21 Begin: 03/01/00 14:00 End: 03/02/00 14:00 Route: Teasley Lane: 1-35 Hours : 24 hfs Loc/Sta Oper: AdJF: 1.000 Period: 60 min Dir: S/B, S of, Posted: mph Raw Count: 9648 Counter:E AADT Factor: 1.00 AADT Count: 9648 ================================================================================ Day Date Time Count ================================================================================ Wad 03/01/00 14:00 617 Wed 03/01/00 15:00 808 Wed 03/01/00 16:00 928 Wed 03/01/00 17:00 907 Wed 03/01/00 18:00 719 Wed 03/01/00 19:00 469 Wed 03/01/00 20:00 447 Wed 03/01/00 21:00 342 Wed 03/01/00 22:00 290 Wed 03/01/00 23:00 212 Thu 03/02/00 00:00 89 Thu 03/02/00 01:00 67 Thu 03/02/00 02:00 44 Thu 03/02/00 03:00 26 Thu 03/02/00 04:00 47 Thu 03/02/00 05:00 74 Thu 03/02/00 06:00 254 Thu 03/02/00 07:00 526 Thu 03/02/00 08:00 413 Thu 03/02/00 09:00 375 Thu 03/02/00 10:00 404 Thu 03/02/00 11:00 530 Thu 03/02/00 12:00 522 Thu 03/02/00 13:00 538 * Page 1 * Page 63 JnOH ,ed Page 64 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ===================== [ Report $1 DATE/TIME/VOLUME Report ]============== ...... Survey #: 23 Begin: 03/01/00 14:00 End: 03/02/00 14 00 Route: Teasley Lane: Hobson Hours : 24 hrs Loc/Sta Oper: AdJF: 1.000 Period: 60 min Dir: S/B, N of, Posted: mph Raw Count: 7397 Counter:A AADT Factor: 1.00 AADT Count: 7397 ================================================================================ Day Date Time Count ================================================================================ Wed 03/01/00 14:00 469 Wed 03/01/00 15:00 599 Wed 03/01/00 16:00 670 Wed 03/01/00 17:00 798 Wed 03/01/00 18:00 699 Wed 03/01/00 19:00 441 Wed 03/01/00 20:00 335 Wed 03/01/00 21:00 251 Wed 03/01/00 22:00 135 Wed 03/01/00 23:00 69 Thu 03/02/00 00:00 33 Thu 03/02/00 01:00 24 Thu 03/02/00 02:00 17 Thu 03/02/00 03:00 19 Thu 03/02/00 04:00 22 Thu 03/02/00 05:00 19 Thu 03/02/00 06:00 129 Thu 03/02/00 07:00 435 Thu 03/02/00 08:00 411 Thu 03/02/00 09:00 269 Thu 03/02/00 10:00 306 Thu 03/02/00 11:00 373 Thu 03/02/00 12:00 449 Thu 03/02/00 13:00 425 * Page 1 * Page 65 NU-METRICS CDM FRAME STUDY -- CDM Version 2 2 11/20/98 ...... === ..... [ Report #1 DATE/TIME/VOLUME Report ] ........... Survey #. Cl Begin 11/18/98 10:00 End: 11/19/98 10 00 Route. Teasley Lane: Hobson Hours : 24 hrs Loc/Sta Oper: Ad]F: 1.000 Period 60 mln Direct N/B,N of, Posted' mph Raw Count: 4594 Counter:C AADT Factor: 1.00 AADT Count: 4594 Day Date Time Count Wed 11/18/98 10:00 194 Wed 11/18/98 11:00 200 Wed 11/18/98 12:00 256 Wed 11/18/98 13:00 242 Wed 11/18/98 14:00 335 Wed 11/18/98 15:00 355 Wed 11/18/98 16-00 376 Wed 11/18/98 17:00 422 Wed 11/18/98 18:00 351 Wed 11/18/98 19:00 273 Wed 11/18/98 20:00 179 Wed 11/18/98 21:00 119 Wed 11/18/98 22:00 46 Wed 11/18/98 23:00 12 Thu 11/19/98 00-00 16 Thu 11/19/98 01:00 13 Thu 11/19/98 02:00 4 Thu 11/19/98 03:00 2 Thu 11/19/98 04:00 3 Thu 11/19/98 05:00 29 Thu 11/19/98 06:00 201 Thu 11/19/98 07:00 453 Thu 11/19/98 08:00 291 Thu 11/19/98 09:00 222 * Page 1 * Page 66 Page 67 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ======= ....... = ...... [ Report #1 DATE/TIME/VOLUME Report ]========== .......... Survey #: 27 Begin: 03/01/00 14:00 End: 03/02/00 14:00 Route: Teasley Lane: Pennsylvan Hours : 24 hfs Loc/Sta Oper: AdJF: 1.000 Period: 60 Dir: W/B, E of, Posted: mph Raw Count: 7397 Counter:G AADT Factor: 1.00 AADT Count: 7397 ================================================================================ Day Date Time Count Wed 03/01/00 14:00 449 Wed 03/01/00 15:00 634 Wed 03/01/00 16:00 594 Wed 03/01/00 17:00 733 Wed 03/01/00 18:00 606 Wed 03/01/00 19:00 447 Wed 03/01/00 20:00 283 Wed 03/01/00 21:00 196 Wed 03/01/00 22:00 122 Wed 03/01/00 23:00 55 Thu 03/02/00 00:00 28 Thu 03/02/00 01:00 13 Thu 03/02/00 02:00 9 Thu 03/02/00 03:00 8 Thu 03/02/00 04:00 12 Thu 03/02/00 05:00 49 Thu 03/02/00 06:00 201 03/02/00 07:00 619 Thu 03/02/00 08:00 452 Thu 03/02/00 09:00 376 Thu 03/02/00 10:00 302 Thu 03/02/00 11:00 368 Thu 03/02/00 12:00 426 Thu 03/02/00 13:00 415 * Page 1 * Page 68 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ======= ....... ~====== [ Report #1 DATE/TIME/VOLUME Report ]============== .... Survey #: 28 Begin: 03/01/00 14:00 End: 03/02/00 14:00 Route: Teasley Lane: Pennsylvan Hours : 24 hrs Loc/eta Oper: AdjF: 1.000 Period: 60 min Dir: E/B, E of, Posted: mph Raw Count: 5190 Counter:D AADT Factor: 1.00 AADT Count: 5190 ================================================================================ Day Date Time Count Wed 03/01/00 14:00 335 Wed 03/01/00 15:00 269 Wed 03/01/00 16:00 407 Wed 03/01/00 17:00 504 Wed 03/01/00 18:00 471 Wed 03/01/00 19:00 240 Wed 03/01/00 20:00 207 Wed 03/01/00 21:00 140 Wed 03/01/00 22:00 75 Wed 03/01/00 23:00 34 Thu 03/02/00 00:00 22 Thu 03/02/00 01:00 11 Thu 03/02/00 02:00 9 Thu 03/02/00 03:00 15 Thu 03/02/00 04:00 19 Thu 03/02/00 05:00 33 Thu 03/02/00 06:00 160 Thu 03/02/00 07:00 505 Thu 03/02/00 08:00 308 Thu 03/02/00 09:00 234 Thu 03/02/00 10:00 262 Thu 03/02/00 11:00 322 Thu 03/02/00 12:00 308 Thu 03/02/00 13:00 300 * Page 1 * Page 69 Page 70 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ===================== [ Report #1 DATE/TIME/VOLUME Report ]================ Survey #: 32 Begin: 03/08/00 10:00 End: 03/09/00 10:00 Route: Teasley Lane: Ryan Hours : 24 hfs Loc/Sta Oper: AdJF. 1.000 Period: 60 min Dir: N/B, N of, Posted: mph Raw Count: 6366 Counter:K AADT Factor: 1.00 AADT Count: 6366 ================================================================================ Day Date Time Count ========================================================================= Thu 03/08/00 10:00 402 Thu 03/08/00 11:00 397 Thu 03/08/00 12:00 421 Thu 03/08/00 13:00 377 Thu 03/08/00 14:00 443 Thu 03/08/00 15:00 542 Thu 03/08/00 16:00 460 Thu 03/08/00 17:00 531 Thu 03/08/00 18:00 453 Thu 03/08/00 19:00 275 Thu 03/08/00 20:00 179 Thu 03/08/00 21:00 155 Thu 03/08/00 22:00 108 Thu 03/08/00 23:00 49 Fri 03/09/00 00:00 25 Fri 03/09/00 01:00 15 Fri 03/09/00 02:00 15 Fri 03/09/00 03:00 15 Fri 03/09/00 04:00 15 Fri 03/09/00 05:00 69 Fri 03/09/00 06:00 194 Fri 03/09/00 07:00 491 Fri 03/09/00 08:00 413 Fri 03/09/00 09:00 322 * Page 1 * Page 71 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ........... ========= [ Report #1 DATE/TIME/VOLUME Report ]========== ....... Survey #: 35 Begin: 03/08/00 10:00 End: 03/09/00 10:00 Route: Teasley Lane: Ryan Hours : 24 hfs Loc/Sta Oper: AdjF: 1.000 Period: 60 min Dir: S/B, N of, Posted: mph Raw Count: 6621 Counter:G AADT Factor: 1.00 AADT Count: 6621 Day Date Time Count Thu 03/08/00 10:00 338 Thu 03/08/00 11:00 351 Thu 03/08/00 12:00 406 Thu 03/08/00 13:00 465 Thu 03/08/00 14:00 491 Thu 03/08/00 15:00 478 Thu 03/08/00 16:00 441 Thu 03/08/00 17:00 505 Thu 03/08/00 18:00 589 Thu 03/08/00 19:00 505 Thu 03/08/00 20:00 383 Thu 03/08/00 21:00 286 Thu 03/08/00 22:00 257 Thu 03/08/00 23:00 136 Fri 03/09/00 00:00 84 Fri 03/09/00 01:00 43 Fri 03/09/00 02:00 18 Fri 03/09/00 03:00 18 Fri 03/09/00 04:00 10 Fri 03/09/00 05:00 24 Fri 03/09/00 06:00 41 Fri 03/09/00 07:00 127 Fri 03/09/00 08:00 290 Frl 03/09/00 09:00 335 * Page 1 * Page 72 Page 73 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ===================== [ Report #1 DATE/TIME/VOLUME Report Survey #: 2D Begin: 03/08/00 11:00 End: 03/09/00 11:00 Route: Teasley Lane: Hickory Cr Hours : 24 hfs Loc/Sta Oper: AdJF: 1.000 Period: 60 min Dir: N/B, N of, Posted: mph Raw Count: 4060 Counter:C AADT Factor: 1.00 AADT Count: 4060 Day Date Time Count ===================================================== ::::::::::::::::::::: Thu 03/08/00 11:00 210 Thu 03/08/00 12:00 209 Thu 03/08/00 13:00 233 Thu 03/08/00 14:00 330 Thu 03/08/00 15:00 371 Thu 03/08/00 16:00 409 Thu 03/08/00 17:00 391 Thu 03/08/00 18:00 288 Thu 03/08/00 19:00 143 Thu 03/08/00 20:00 109 Thu 03/08/00 21:00 97 Thu 03/08/00 22:00 51 Thu 03/08/00 23:00 23 Fri 03/09/00 00:00 9 Fri 03/09/00 01:00 10 Fri 03/09/00 02:00 7 Fri 03/09/00 03:00 8 Fri 03/09/00 04:00 12 Fri 03/09/00 05:00 52 Fri 03/09/00 06:00 148 Fri 03/09/00 07:00 380 Fri 03/09/00 08:00 226 Fri 03/09/00 09:00 185 Fri 03/09/00 10:00 159 * Page 1 * Page 74 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 -==== .... ============ [ Report #1 DATE/TIME/VOLUME Report ] ..... ======= ........ Survey #: 2C Begin: 03/08/00 11:00 End: 03/09/00 11 O0 Route: Teasley Lane: Hickory Cr Hours : 24 hfs Loc/Sta Oper: AdjF: 1.000 Period: 60 min Dir: S/B, N of, Posted: mph Raw Count: 3919 Counter:G AADT Factor: 1.00 AADT count: 3919 Day Date Time Count Thu 03/08/00 11:00 231 Thu 03/08/00 12:00 232 Thu 03/08/00 13:00 242 Thu 03/08/00 14:00 272 Thu 03/08/00 15:00 281 Thu 03/08/00 16:00 230 Thu 03/08/00 17:00 269 Thu 03/08/00 18:00 233 Thu 03/08/00 19:00 183 Thu 03/08/00 20:00 149 Thu 03/08/00 21:00 94 Thu 03/08/00 22:00 61 Thu 03/08/00 23:00 22 Frl 03/09/00 00:00 19 Fri 03/09/00 01:00 6 Fri 03/09/00 02:00 8 Frl 03/09/00 03:00 14 Frt 03/09/00 04:00 42 Fri 03/09/00 05:00 90 Fri 03/09/00 06:00 300 Fri 03/09/00 07:00 403 Fri 03/09/00 08:00 228 Fri 03/09/00 09:00 158 Fri 03/09/00 10:00 152 * Page 1 * Page 75 Page 76 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 .... ==========~====== [ Report #1 DATE/TIME/VOLUME Report ] Survey #: 2F Begin: 03/08/00 11:00 End: 03/09/00 11.00 Route: Teasley Lane: Hickory Cr Hours : 24 hfs Loc/Sta Oper: AdJF: 1.000 Period: 60 min Dir: W/B, S of, Posted: mph Raw Count: 3625 Counter:D AADT Factor: 1.00 AADT Count: 3625 ================================================================================ Day Date T1me Count Thu 03/08/00 11:00 185 Thu 03/08/00 12:00 213 Thu 03/08/00 13:00 203 Thu 03/08/00 14:00 251 Thu 03/08/00 15:00 253 Thu 03/08/00 16:00 341 Thu 03/08/00 17:00 368 Thu 03/08/00 18:00 298 Thu 03/08/00 19:00 195 Thu 03/08/00 20:00 122 Thu 03/08/00 21:00 113 Thu 03/08/00 22:00 63 Thu 03/08/00 23:00 33 Fri 03/09/00 00:00 21 Fri 03/09/00 01:00 14 Frl 03/09/00 02:00 12 Fri 03/09/00 03:00 11 Fri 03/09/00 04:00 10 Fri 03/09/00 05:00 35 Fri 03/09/00 06:00 106 Fri 03/09/00 07:00 301 Frl 03/09/00 08:00 191 Fri 03/09/00 09:00 167 Frl 03/09/00 10:00 119 * Page 1 * Page 77 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ===================== [ Report #1 DATE/TIME/VOLUME Report ]=============== Survey #: 30 Begin: 03/08/00 11:00 End: 03/09/00 11:00 Route: Teasley Lane: Hickory Cr Hours : 24 hrs Loc/Sta Oper: AdJF: 1.000 Period: 60 min Dir: E/B, S of, Posted: mph Raw Count: 3428 Counter:E AADT Factor: 1.00 AADT Count: 3428 Day Date Time Count Thu 03/08/00 11:00 221 Thu 03/08/00 12:00 176 Thu 03/08/00 13:00 190 Thu 03/08/00 14:00 176 Thu 03/08/00 15:00 260 Thu 03/08/00 16:00 244 Thu 03/08/00 17:00 284 Thu 03/08/00 18:00 263 Thu 03/08/00 19:00 158 Thu 03/08/00 20:00 100 Thu 03/08/00 21:00 74 Thu 03/08/00 22:00 37 Thu 03/08/00 23:00 20 Fri 03/09/00 00:00 12 Fri 03/09/00 01:00 4 Fri 03/09/00 02:00 5 Frl 03/09/00 03:00 5 Fri 03/09/00 04:00 21 Fri 03/09/00 05:00 69 Frl 03/09/00 06:00 236 Fri 03/09/00 07:00 292 Frl 03/09/00 08:00 248 Fri 03/09/00 09:00 179 Frl 03/09/00 10:00 154 * Page 1 * Page 78 Page 79 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ========== .... ======= [ Report #1 DATE/TIME/VOLUME Report ] ......... == ......... Survey #: 25 Begin: 03/01/00 14:00 End: 03/02/00 14:00 Route: Hobson Lane: Teasley Hours : 24 hfs Loc/Sta Oper: AdJF: 1.000 Period: 60 min Dir: W/B, W of, Posted: mph Raw Count: 3550 Counter:H AADT Factor: 1.00 AADT Count: 3550 =========================================================================== Day Date Time Count Wed 03/01/00 14:00 223 Wed 03/01/00 15:00 306 Wed 03/01/00 16:00 333 Wed 03/01/00 17:00 380 Wed 03/01/00 18:00 338 Wed 03/01/00 19:00 251 Wed 03/01/00 20:00 185 Wed 03/01/00 21:00 117 Wed 03/01/00 22:00 67 Wed 03/01/00 23:00 23 Thu 03/02/00 00:00 9 Thu 03/02/00 01:00 7 Thu 03/02/00 02:00 2 Thu 03/02/00 03:00 2 Thu 03/02/00 04:00 4 Thu 03/02/00 05:00 9 Thu 03/02/00 06:00 63 Thu 03/02/00 07:00 155 Thu 03/02/00 08:00 176 Thu 03/02/00 09:00 148 Thu 03/02/00 10:00 121 Thu 03/02/00 11:00 197 Thu 03/02/00 12:00 210 Thu 03/02/00 13:00 224 * Page 1 * Page 80 NU-METRICS CDM FP~%ME STUDY -- CDM Version 2.2 03/27/00 ===================== [ Report $1 DATE/TIME/VOLUME Report ] ..... = ..... = Survey #: 26 Begin: 03/01/00 14:00 End: 03/02/00 14:00 Route: Hobson Lane: Teasley Hours : 24 hfs Loc/Sta Oper: AdjF: 1.000 Period: 60 min Dir: E/B, W of, Posted: mph Raw Count: 4254 Counter:L AADT Factor: 1.00 AADT Count: 4254 Day Date Time Count Wed 03/01/00 14:00 287 Wed 03/01/00 15:00 296 Wed 03/01/00 16:00 346 Wed 03/01/00 17:00 407 Wed 03/01/00 18:00 364 Wed 03/01/00 19:00 221 Wed 03/01/00 20:00 143 Wed 03/01/00 21:00 88 Wed 03/01/00 22:00 37 Wed 03/01/00 23:00 24 Thu 03/02/00 00:00 8 Thu 03/02/00 01:00 6 Thu 03/02/00 02:00 5 Thu 03/02/00 03:00 1 Thu 03/02/00 04:00 8 Thu 03/02/00 05:00 36 Thu 03/02/00 06:00 139 Thu 03/02/00 07:00 388 Thu 03/02/00 08:00 336 Thu 03/02/00 09:00 216 Thu 03/02/00 10:00 188 Thu 03/02/00 11:00 249 Thu 03/02/00 12:00 215 Thu 03/02/00 13:00 246 * Page I * Page 81 Page 82 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ===================== [ Report #1 DATE/TIME/VOLUME Report ]========= ........... Survey #: F Begin: 03/01/00 10:00 End: 03/02/00 10:00 Route: Windriver Lane: Teasley Hours : 24 hfs Loc/Sta Oper: Ad]F: 1.000 Period: 60 min Dir: W/B, E of, Posted: mph Raw Count: 152 Counter:K AADT Factor: 1.00 AADT Count: 152 ========================================================================== Day Date Time Count Thu 03/01/00 10:00 3 Thu 03/01/00 11:00 9 Thu 03/01/00 12:00 12 Thu 03/01/00 13:00 11 Thu 03/01/00 14:00 14 Thu 03/01/00 15:00 15 Thu 03/01/00 16:00 18 Thu 03/01/00 17:00 24 Thu 03/01/00 18:00 15 Thu 03/01/00 19:00 7 Thu 03/01/00 20:00 2 Thu 03/01/00 21:00 3 Thu 03/01/00 22:00 0 Thu 03/01/00 23:00 2 Fri 03/02/00 00:00 0 Fri 03/02/00 01:00 0 Fri 03/02/00 02:00 0 Fri 03/02/00 03:00 0 Fri 03/02/00 04:00 0 Fri 03/02/00 05:00 0 Fri 03/02/00 06:00 Fri 03/02/00 07:00 2 03/02/00 08:00 10 Fri 03/02/00 09:00 4 * Page 1 * Page 83 NU-METRICS CDM FP~%ME STUDY -- CDM Version 2.2 03/27/00 === ........... ======= [ Report #1 DATE/TIME/VOLUME Report ]============ ........ Survey #: 13 Begin: 03/01/00 10:00 End: 03/02/00 10.00 Route: Windriver Lane: Teasley Hours : 24 hfs Loc/Sta Oper: AdJF: 1.000 Period: 60 min Dir: E/B, E of, Posted: mph Raw Count: 572 Counter:L AADT Factor: 1.00 AADT Count: 572 Day Date Time Count Thu 03/01/00 10:00 41 Thu 03/01/00 11:00 31 Thu 03/01/00 12:00 39 Thu 03/01/00 13:00 34 Thu 03/01/00 14:00 32 Thu 03/01/00 15:00 39 Thu 03/01/00 16:00 36 Thu 03/01/00 17:00 34 Thu 03/01/00 18:00 28 Thu 03/01/00 19:00 19 Thu 03/01/00 20:00 5 Thu 03/01/00 21:00 7 Thu 03/01/00 22:00 9 Thu 03/01/00 23:00 5 Fri 03/02/00 00:00 1 Fri 03/02/00 01:00 0 Fri 03/02/00 02:00 0 Fri 03/02/00 03:00 2 Fri 03/02/00 04:00 1 Fri 03/02/00 05:00 10 Fri 03/02/00 06:00 34 Fri 03/02/00 07:00 56 Fri 03/02/00 08:00 68 Fri 03/02/00 09:00 41 * Page 1 * Page 84 Page 85 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ===================== [ Report #1 DATE/TIME/VOLUME Report ] ..... ========= ...... Survey #: 34 Begin: 03/08/00 11:00 End: 03/09/00 11'00 Route: Ryan Lane: Teasley Hours : 24 hfs Loc/Sta Oper: AdjF: 1.000 Period: 60 min Dir: E/B, W of, Posted: mph Raw Count: 2172 Counter:I AADT Factor: 1.00 AADT Count: 2172 ================================================================================ Day Date Time Count Thu 03/08/00 11:00 133 Thu 03/08/00 12:00 132 Thu 03/08/00 13:00 119 Thu 03/08/00 14:00 106 Thu 03/08/00 15:00 155 Thu 03/08/00 16:00 169 Thu 03/08/00 17:00 184 Thu 03/08/00 18:00 169 Thu 03/08/00 19:00 87 Thu 03/08/00 20:00 72 Thu 03/08/00 21:00 55 Thu 03/08/00 22:00 31 Thu 03/08/00 23:00 23 Fri 03/09/00 00:00 7 Fri 03/09/00 01:00 5 Fri 03/09/00 02:00 4 Fri 03/09/00 03:00 5 Fri 03/09/00 04:00 10 Frl 03/09/00 05:00 31 Fri 03/09/00 06:00 112 Fri 03/09/00 07:00 196 Fri 03/09/00 08:00 171 Frl 03/09/00 09:00 119 Fri 03/09/00 10:00 77 * Page 1 * Page 86 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ===================== [ Report #1 DATE/TIME/VOLUME Report ]===== Survey #: 33 Begin: 03/08/00 11:00 End: 03/09/00 11:00 Route: Ryan Lane: Teasley Hours : 24 hfs Loc/Sta Oper: AdJF: 1.000 Period: 60 min Dir: W/B, W of, Posted: mph Raw Count: 2039 Counter:H AADT Factor: 1.00 AADT Count: 2039 Day Date Tlme Count Thu 03/08/00 11:00 110 Thu 03/08/00 12:00 120 Thu 03/08/00 13:00 108 Thu 03/08/00 14:00 120 Thu 03/08/00 15:00 164 Thu 03/08/00 16:00 153 Thu 03/08/00 17:00 293 Thu 03/08/00 18:00 162 Thu 03/08/00 19:00 116 Thu 03/08/00 20:00 88 Thu 03/08/00 21:00 66 Thu 03/08/00 22:00 36 Thu 03/08/00 23:00 23 Fri 03/09/00 00:00 7 Fri 03/09/00 01:00 10 Fri 03/09/00 02:00 2 Fri 03/09/00 03:00 6 Fri 03/09/00 04:00 5 Frl 03/09/00 05:00 17 Fri 03/09/00 06:00 44 Fri 03/09/00 07:00 100 Fri 03/09/00 08:00 103 Fri 03/09/00 09:00 108 Fri 03/09/00 10:00 78 * Page 1 * Page 87 · ~noH .led sel:~lqaA Page 88 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ===================== [ Report #1 DATE/TIME/VOLUME Report ]============ ........ Survey #: 2B Begin: 03/08/00 11:00 End: 03/09/00 11:00 Route: Robinson Lane: Teasley Hours : 24 hfs Loc/Sta Oper: AdJF: 1.000 Period: 60 min Dir: W/B, E of, Posted: mph Raw Count: 2063 Counter:L AADT Factor: 1.00 AADT Count: 2063 ============================================================================ Day Date Time Count ================================================================================ Thu 03/08/00 11:00 100 Thu 03/08/00 12:00 127 Thu 03/08/00 13:00 85 Thu 03/08/00 14:00 169 Thu 03/08/00 15:00 139 Thu 03/08/00 16:00 193 Thu 03/08/00 17:00 254 Thu 03/08/00 18:00 158 Thu 03/08/00 19:00 92 Thu 03/08/00 20:00 52 Thu 03/08/00 21:00 38 Thu 03/08/00 22:00 39 Thu 03/08/00 23:00 15 Fri 03/09/00 00:00 7 Fri 03/09/00 01:00 2 Fri 03/09/00 02:00 4 Fri 03/09/00 03:00 8 Fri 03/09/00 04:00 6 Fri 03/09/00 05:00 20 Fri 03/09/00 06:00 65 Fri 03/09/00 07:00 196 Fri 03/09/00 08:00 122 Fri 03/09/00 09:00 90 Fri 03/09/00 10:00 82 * Page 1 * Page 89 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ===================== [ Report #1 DATE/TIME/VOLUME Report ]====== .... === ....... Survey #: 2A Begin: 03/08/00 11:00 End: 03/09/00 11:00 Route: Robinson Lane: Teasley Hours : 24 hfs Loc/Sta Oper: AdJF: 1.000 Period: 60 min Dir: E/B, E of, Posted: mph Raw Count: 1879 Counter:F AADT Factor: 1.00 AADT Count: 1879 Day Date Time Count Thu 03/08/00 11:00 74 Thu 03/08/00 12:00 108 Thu 03/08/00 13:00 106 Thu 03/08/00 14:00 115 Thu 03/08/00 15:00 160 Thu 03/08/00 16:00 148 Thu 03/08/00 17:00 220 Thu 03/08/00 18:00 145 Thu 03/08/00 19:00 90 Thu 03/08/00 20:00 58 Thu 03/08/00 21:00 57 Thu 03/08/00 22:00 32 Thu 03/08/00 23:00 13 Fri 03/09/00 00:00 7 Fri 03/09/00 01:00 4 Fri 03/09/00 02:00 3 Fri 03/09/00 03:00 4 Fri 03/09/00 04:00 7 Fri 03/09/00 05:00 24 Fri 03/09/00 06:00 72 Fri 03/09/00 07:00 153 Fri 03/09/00 08:00 143 Fri 03/09/00 09:00 88 Fri 03/09/00 10:00 48 * Page 1 * Page 90 Page 91 NU-METRICS CDM FRAME STUDY -- CDM Version 2.2 03/27/00 ========= ..... =~===== [ Report #1 DATE/TIME/VOLUME Report ::::::::::::::::::::: Survey #: 37 Begin: 03/21/00 09:00 End: 03/22/00 09:00 Route: Hickory creek Lane: Teasley Hours : 24 hfs Loc/Sta Oper: AdJF: 1.000 Period: 60 min Dir: E/B, W of, Posted: mph Raw Count: 1736 Counter:C AADT Factor: 1.00 AADT Count: 1736 Day Date Time Count Tue 03/21/00 09:00 83 Tue 03/21/00 10:00 100 Tue 03/21/00 11:00 102 Tue 03/21/00 12:00 121 Tue 03/21/00 13:00 121 Tue 03/21/00 14:00 149 Tue 03/21/00 15:00 216 Tue 03/21/00 16:00 149 Tue 03/21/00 17:00 104 Tue 03/21/00 18:00 75 Tue 03/21/00 19:00 26 Tue 03/21/00 20:00 18 Tue 03/21/00 21:00 13 Tue 03/21/00 22:00 16 Tue 03/21/00 23:00 7 Wed 03/22/00 00:00 2 Wed 03/22/00 01:00 4 Wed 03/22/00 02:00 0 Wed 03/22/00 03:00 2 Wed 03/22/00 04:00 3 Wed 03/22/00 05:00 15 Wed 03/22/00 06:00 53 Wed 03/22/00 07:00 229 Wed 03/22/00 08:00 128 * Page 1 * Page 92 EXHIBIT 2 A meeting was held on May 18, 2000, with property owners and developers within the Teasley Lane Comdor Traffic Study area Attached is the sign-in sheet for the meeting Of the people m attendance, there was general d~scussion regardang the study, the assumptions and reformation contained m the document There was also questions regarding the next step in the process and how they could make thew concerns and opinions known to City Council Specifically, there was a question whether or not the staff was recommending a moratormm There were no other chrect comments that were made on the study to report SIGN IN SHEET NAME BUSINESS PHONE NUMBER Agenda No ~ AGENDA INFORMATION SHEET ~1~~ AGENDA DATE: May 23, 2000 DEPARTMENT: Planning Department CM/DCM/ACM: David Hdl, 349-8314 SUBJECT - A-99 (Sherman Road Arena Stte) Receive a report, hold a chscusslun, and gnve staff dxrectlon regarding the proposed "Arena Site" located west of Sherman Dr approximately 3,600' north of Loop BACKGROUND At the first public heanng (May 16, 2000) regarding the annexation of the subject site, the developers requestted that the annexation be delayed and that they have the opportunity to discuss their developmermt proposal m detml City Councd darected staffto add flus item to the May 23rd work session As this development is proposed to be financed through a County Development District, mformat~on regardang such districts is attached to this report Please refer to the second public hearing staff report on the annexation for any adrhtional reformation ATTACHMENTS 1 Information on County Development Districts Respectfully submitted Director of Planning and Development Prepared by Assistant Director of Planning and Development ATTACHMENT 1 County Development Dlstr~cts We have attached the section on County Development Districts from the Attorney General's Handbook on Economtc Development Laws for Texas Ctttes for your revtew The tnformatlon below summarizes the attachment The Commissioners Court of any Texas County with a population of 400,000 or less may create County Development Districts (CDDs) upon petttlon of the owners of all the land wtthtn the CDD No ctty consent ts reqmred If the petlttoners persuade the Commissioners Court that the CDD wtll "serve the public purpose of attracttng visitors and totmsts to the county," the Commissioners Court creates the CDD after a hearing, and appoints five temporary dtrectors The Temporary Board of Directors calls an election wtthln the boundaries of the CDD for the confirmation of the creatton of the CDD and the lmposttton of a sales tax up to one- half of one cent A CDD wtthm the Ctty of Denton or its ETJ could ~mpose the maxtmum of one-half cent If the elect~on passes, the members of the Board of Directors become permanent d~rectors and serve four-year, staggered terms The dtrectors recetve no compensatton and must be quahfied voters within the county tn whmh the CDD is located A County Development D~stnct has the followmg powers 1 The power to acqmre and d~spose of proJects (Staff has attached statutory defimt~ons of"project" and "cost") 2 The power to prowde for general promotion and tourtst advertmtng of the dtstnct and tts vicinity and to conduct a marketing program to vts~tors 3 The powers ofa mummpal management d~strlct created under Chapter 375, Local Government Code (We have attached an excerpt from the Office of the Attorney General's Handbook on Economic Development Laws for Texas Ctttes for a more comprehenmve understanding of the powers ofa mtm~c~pal management dtstrlct ) 4 All of the other powers, authority, rights and duttes which will permit accomplishment of the purposes for whtch the d~stnct was created 5 The CDD may exercise the right ofemtnent dommn tfthe CDD ts not located within the boundartes of a munlctpal~ty 6 The CDD may tmpose a hotel occupancy tax not to exceed seven percent (7%) on a hotel room located wtthm a CDD but outside a munmtpahty 7 The CDD may tssue bonds and pledge the sales and use tax and other revenues avmlable to the CDD The bonds may be tssued to pay all or part of the cost of a project, to pay admmtstrat~ve and operating expenses, to create reserve funds for the bonds, and to pay all ~ssuance costs of the bonds In addtt~on, the CDD is authorized to borrow money for any corporate purpose The CDD's sales and use tax may not cause the combined rate of all local sales and use taxes wtthln the CDD to exceed two percent (2%) Ifa munmtpahty adds a sales and use tax to the territory within a CDD, which would cause the combined sales and use tax to exceed two percent (2%), then the CDD's tax ~s reduced so that the combxned tax will equal two percent (2%) However, to the extent that the CDD has pledged ~ts sales and use tax to the repayment of bonds, then the mtmlc~pahty must pay the CDD the amount the CDD would have collected prior to the xmpos~t~on of the mumcxpallty's sales and use tax These payments continue until the bonds of the CDD are paxd Texas Instruments Count. Development D~str~et In 1996, a County Development D~stnct was formed on the Texas Instruments property as part of a comprehensive ~ncent~ve package developed for Dell Computers The C~ty of Denton, Denton Independent School D~stnct and Denton County all participated ~n the negotxat~ons Ultxmately, Dell Computers d~d not locate ~n Denton, and the development d~stnct mcentxves have never been utilized However, the CDD xs still xn place The CDD would have enabled Dell to add an addmonal one-half cent ~n sales tax to the goods sold wxthm the dxstnct to their Texas customers The company had planned to locate thexr sales d~wsxon m the bmldmg A portxon of the sales tax revenue would have gone back to the company as an ~ncent~ve Dell would have dedxcated part of the building as a computer museum or some other type of tourist attraction m order to meet the CDD reqmrement for tourism-related projects II. AJterflatJve Tax In#i~tivim ~r ~ DevdOlHnent County Development District Tax The Texas Legislature has recoimzed that it is sometimes advanteSeous to pursue econormc development at the county level The County Development Dlslnct Act pro.des counties that have a population of less than 400,000 w~th a means to generate sales tax funds for local econoimc development and tounsm-related pro. lects To date, three counties (Denton, Wghamson, and Kaufmann) are either m the process of forming or have formed county development districts. Such chstncts are uutiated by a petition of landowners m the proposed distnct Upon approval of the petition by the county, an elect~on ~s called to gain the voters' consent to the creation of the chsmct and to the levy of a sales tax to fund district projects A county development chstnct rosy acqmre or dispose of the same sorts of projects and pay the same sorts of costs as a 4B econormc development corporation The statutes governing the creation and admu~a~uon of county development chstncts are found m Chapter 393 of the Texas Local Oovemment Code :189 Power8 and Duties of a County Development District A county development chstnct has broad authonty to establish projects related to econormc development and promotion of tourism m the chstnct Unlhke econormc development corporations, winch are ~ltlmately overseen by the city or county's govermng body, Texas law does not reqmre a county development chstnct to get approval from the county before ~t cormmts to various projects or expenditures The district has the following general powers and duues · Expenditure of Tax Pro~OOgS. If a sales and use tax was approved by the voters m the district and is being collected, the district can use the tax for the purposes for wluch the district was created, and to pay bonds issued by the chstnct~°, · Power of the Count}, ~o Adopt a Hotel O~upaney Tax and of the District m Expend Hotel Oe(::upanL~ Tax Revenue. A coun~t~ comnussloners court may unpose a hotel occupancy tax of up to seven percent w~thm the boundenes of a county development dlsll'lCt :191 The tlLX Can only be Imposed outslde of the city lurers Such a tax would be collected by the hotel operators and renutted to the county Within I 0 days of its receipt of such tax proceeds, the county must reImt the proceeds to the development chsmct Such Office of the Attorney ~eneraJ -- 4 II. Alternative Tax Initiatives For Looal Development hotel tax money may be used by a county development dismct for any purpose for which the district may use its sales tax proceeds, · Abllit~ to Pursue Section 4B Projects. The district may aCCIUL~ and dispose of projects consistent wlth the purp'ose of the dismct The defimuon of'~)roject" m tlus chapter refers to the same types of projects avadable to Section 4B economic development corporaUons under the Development CorpomUon Act of 1979 ~ Such projects could include athletic facilities, tourism and entertainment facilities, certain affordable housing projects, parks and certain public facility and public space Improvements, unprovements related to commercial businesses, and related transportation and infrastructure unprovements, · Limited Applleation of Competitive Bidding Laws. Competiuve bidding provisions apply to county development dismct contracts,~ unless the contract is with a governmental entity or a nonprofit corporation created under the Development Corporation Act of 1979 (4A and 4B econonuc development corporations)2~, · Abill~ to Exeroise Powers of Munioipai Management District. The district has and may exercise all powers and nghts of a mumcipal msnssement district under Chapter 375 of the Texas Local Government Code29s unless such a power or right would be inconsistent w~th Chapter 383 of the Local Govemmant Code, · Umited ~minent Domain Power. A dlsmct located outside of a mumcipallty may exercise the power Of eminent domain to acquire land or interests in land for water or sewer purposes29~; · Hnanolai Transaction Powers. The dismct may disburse money by check, draft, order or other msmanent Disbursement requires the signature of three board directors unless the board has adopted an agreement that the signature of a specific employee or other officer Is sufficiant2w, · Ability to Sue or be Sued. The dismct may sue or be sued m the name of the district ui any court m the state~gs, and · AbilitT to Borrow. The district can borrow money for purposes related to the dismct's functions ~ The directors may pay all necessary costs and expenses that were Incurred m the crenUon and orgamzaUon of the district The district can also pay the cost related to the district's investigation Office of the Attorney (leneraJ -- 5 II. Mternative Tax Initialives For Lm~ Gevdopment of and planning for district projects, the cost of an engineer's report, project design fees, legal fees and other necessary expenses 800 Pursuant to Local Government Code SecUon 383 083 (4), the district can use the same defimtion of what is a penmsslble "cost" that is used by SecUon 4B development corporaUons If a dlstnct decides to Issue bonds, the bonds can be used to defray all or pan of the costs of the dlstnct's projects ~0~ To pay the pnnclpal and interest on the bonds, the chsmct may use its sales tax revenue, designated project revenues, or any grants, donations or other funds ~0~ Bond proceeds can be used by the district to pay interest on the bonds dunng the acqmsmun or constm~on of a project, to pay adrmmstmtave and operating expenses of a project, to create a reserve to repay the bonds, and to pay all expenses that were recurred dunng the issuance, sale and delivery of the bonds Eligibility and Procedure m Create a County Development District A county development dlsmct can only be created m a county w~th a population of less than 400,000 z0~ Also, a county development district sales tax can not be unposed if the combined sales tax rate m any part of the proposed district would exceed the two percent statutory cap for local sales tax 30~ A county can not untlate a county development dlstnct on its own motion Rather, a dismct must be requested by a petmon filed vath the county conumss~oners court of the county m wluch all of the land m the proposed dismct is located The petmon must include a "sworn statement" by all of the landowners mdicalmg consent to the creaUon of the proposed distnct ~0~ The peUUon must also meet the follovang requirements (1) ,D, es ,cnbe tl}e bo~u~.,denes of the proposed dis ,t~ct by mete.s ,and bounds or by lot and mocl~ numeer llmere is a recoraeo map or plat survey oime area, (2) Include the name of the district, wluch ,must include the name of the county followed by "Development District No ~ , (3) Name five persons who will serve on a temporary board of directors, (4) State the general .nature of work to be done and pro,ode a current estunate of the cost of the project, and (5) State the necessity and feas~bflitv of the provmed district and indicate wheiher the district vall rake actions that valI attract ~hsfiors and tourists to the county JuT Once a penilon requesting the creauon of the distnct is subrmtted to the county cornnusswners court, a public heanng must be scheduled to allow testimony for or against thc proposed distnct ~o8 The Office of the Attorney Genera] II Altemath~e Tax Initlati~s For LooaJ Development date, time and place of th~s hearing must be set by the county w~thm sixty days of the county's recetpt of the petiilon 30~ The county must also publish notice of the heanng m a newspaper of general cu'oulanon m the county no later than thirty days before the heanngTM Addlt~onally, noUce of the hearing must be marled to all of the landowners m the proposed &strict and to the developer of the project TM Finally, noUce ofthe~hleetmg must be pwperly posted m the county courthouse 72 hours in advance m compliance vath the Texas Open MeeUngs Act ~2 At thc requm~d public heanng, the comnussioners court must examine the sufficiency of the peuuon requesting creanon ofthe development chstnct?13 Also, any interested person who w~shes to speak about the sufficiency of the petitlan or about whether the thstnct should be created must be allowed to do so Lastly, m conducting the required pubhc hearing, the comnussioners court should comply w~th all the requirements of the Texas Open Meetings Act 3~4 After the reqmred public heanng, the cormmss~oners court must make two findings regarding the potmon First, ~t must determine whether the petiUon meets statutory reqmrements Second, the commissioners court must find that the &slrict and its proposed projects would be feasible, necessary, and likely to promote tourism or econonuc development m the county ~s If the county conumssloners court grants the petit~on, the order ereatmg the chstnet may reqture the petitioners to pay for the costs of pubhshmg noUce for the reqmred public heanng, the costs of conducting the heanng, and the costs of conducting the confirmanon and sales tax elect~on If the comm~ssioners court finds that the peuuon does not meet statutory reqmrements, ~t must enter an order denying the peUUon The peUUon must also be demed if the comrmssioners court finds that the creanon of the chstnet and the proposed project is not feasible and necessary and would not serve the purpose of attracting v~sltors and tourists to the county Initiatlnl an Election to Adopt a County Development District If the comrmssloners court finds that the petmon meets statutory reqmrements and that the dismct would promote the reqmred public purposes, it must approve the peuuon and appoint five temporary chre~ors to the board for the proposed chsinet ~6 This temporary board then must call an election on the creation of the district and the adopuon of a sales, tax to fund thstnct projects ~? The pemusslble rates for a local sales tax under flus anthonly are one-fourth of one percent, three- e~ghths of one percent, or one-haft of one percent 3~s In no case may the sales tax be unposad if the combined, local sales tax rate m any part of the chstnct would exceed the two percent statutory cap Offloe of the AXorney General -- 7. II. Alternative Tax Initi~ For Lo~d Development for local sales tax 3,9 The order callmg for an elecUon on the d,smct and on the unposiUon of a sales tax to fund district projects (a combined proposmon) must include the following information (l) the nature of the election, including the pmposmon that is to appear on the ballot, (2) the date of the election, (3) the hours dunng wluch the polls w~ll be open, (4) the locauon of the polling places, and (5) the proposed rote of the sales and use tax for the distnct 320 The temporary chrectors of the development district must publish a substanUal copy of the election order for two consecutive weeks In a newspaper vath general clrculaUon m the county 32, The first notice must be published prior to the 14~h day before the election 32~ The nouce must also mciude the wordIng of all the ballot proposluous The entire not, ce must generally be provaded both In English and in Spamsh 3,, The ciect~on ballot must give the voters the opportumty to approve or reject the proposed development dismct The ballot must use the following wording "The creation of County Development Dmnct No. and the adoption of a proposed local sales and use tax rate of (the rate specified m the election order) to be used for the promotion and development of tourism.'s24 Conducting an Election to Approve a County Development District When the board of a county development chstnct orders an election for the levy of a sales tax, it must follow all applicable requirements for special elccUons contained in the Texas Election Code, the County Sales and Use Tax Act (Chapter 323 of the Texas Tax Code), and any other Texas statutes regarding elections Notably, the follovang requirements must be met I Potential Dates for the Election The election must be held on aumform elect~on date, as provided by Chapter 41 of the Election Code These dates include a) the third Saturday in January, '" b) the first Saturday In May, c) the second Saturday in August, d) the first Tuesday after the first Monday in November 3= Olflce o! the Attorney General -- 8 II. Allermllive Tax Inltlatlvim For Loeat Development 2 Time Frame for Ordenng the Election. The county should order the election at least 45 days prior to the date oftbe election Section 383 of the Local Government Code does not address how far m advance the election must be ordered by the board m Nonetheless, It is advisable to provide at least 451days' notice, smce this m the mqmremant applicable to most other special elecUons m Texas 32? Providing 45 days' nouo~ also allows ume to comply with other Election Code requirements, such as early voting Additionally, the special electron must be subnutiad for "preclearance" to the U S Depar~ent of Justice 3 Prohibition Against Eiect~oneering. The board is prohibited from expending public funds or pubhc resources to influence the results of an election, commonly referred to as "electioneenng A board may publish fact sheets to reform the pubhc of the applicable stausucs and proposed plans for the use, of the tax However, board stationery, funds, and staff (dunng the work day) may not be used to urge the public to vote one way or the other Ackhtlonally, m certain cases a court may find that a city has "made a contract" with the voters to use money for a specffic purpose ff the city has mchcated to the voters, through reformational materials or by other means, that the money would be used for that purpose 329 Therefore, a city will warn to be~careful not to represent that money from the development chstnct sales tax will be used for a pamcular project unless the city intends to be legally himted by that representauon 4 Other Procedural Requirements The board must follow all other procedural reqmremants under the Election Code for special elections For further mformauon about the requirements contained in the Elect~on Code, contact the Secretary of State's Office, Blectlons Division. at (800) 252-8683 For more mformaUon about the prohibmen against expenditure of public funds to influence the results of an election, contact the Texas Bthics Commission at (800) 325-8506 Reporting Results of a County Development District Election Thc Election Code requu*cs that, no earher than the third33° day and no later than thc sLxth day~3: after an election, the board of the county development &strict must canvass the ballots and enter the resohiuon declaring the results of the election into the minutes of a meeung The resohiuon must include the following 3~2 , 1 The date of the alectlon, 2 The proposition on which the vote was held. Oflloe of the Attorney Genersl -- 9. ~ II Altelmaliv~ TLx InilblUve8 For Lo(~d Oevelopmem 3 The total number of votes cast for and against the proposmon, and 4 The number of votes by wluch the proposmon was approved If a majority of the votes cast ere m favor of the chstnct, the temporary board enters m its minutes an order appmvmg the chstnct and the adopuon of the applicable sales tax ~3~ The board must send a cemfied copy of the minute order by cemfied or registered mstl to the comnussioners court, to the State Comptroller, and to any other tatung entity with .Iunsdiction over the property wrdun the district 3~ The minute order must also contain certain mformauon about the election as reqmred by Secuon 383 034 of the Texas Local Government Code If adopted, the sales tax would apply to the retml sale of all sales taxable items within the dismct As noted above, the board must, by cemfied or registered mad, send the State Comptroller a certffied copy of the order creating the chslnct and approving the sales tax ~6 With that certified copy of the order, the board must also send the Comptroller a map of the d~stnct clearly showmg the distnct's boundanes After receiving the documents, the Comptroller has 30 days to notify the board that the Comptroller's Office will adrmmster the tax If, on the other hand, the voters reject creation of the distnct and adopuon of the sales tax, the boerd must declare the proposiuon defeated and enter the result m its minutes ~37 The board must then send a cemfied copy of the minute order by certified or relpstered mad to the comm~ssioners court, to the State Compiroller, and to any other tatung enUty with junsd~cuon over the property within the chsmct ~* The minute order must also contain certain mformauon about the election as reqmred by Section 383 034 ofthe Texas Local Government Code Unlhke econormc development corporations, which must wait one yeer between holding certain elections, the board of a county development dlsmct may call for another election at any tune if the sales tax electron should f.,i Effective Date of County Development District Sales Tax The change m the sales mx rote becomes effective on the October 1N after one full calendar quarter after notice of the election has been provided to the State Comptroller 3~o For example, if the Comptroller received nouce of the elecuon on March 1, 1998, the effecUve date of the d~stnct's sales tax would be October 1, 1998 However, If the notice was received on August 31, 1998, the tax rote would not become effective until October I, 1999 to allow the expu-auon of at least one full calendar quarter from the date of the not~ce The new tax rate applies to purchases on or after the effective date as provided under Section 323 102 (a) of the Tax Code omoe of the Attonley ~eneraJ -- I 10. II. ~lten~ive T~x In#i~ives For ~ Developmem Allocation of the 8ales Tax Proceeds by the Comptroller Once the sal~s tax ~s effective, the Comptroller remits the proceeds to the county vath its other local sales tax proceeds Tim County Sales a~d Use Tax Act (Chapter 323 of the Tax Code) governs the nnposlUon, computauon, admunstraUon, and use of the tax, except where It is inconsistent with the County Development Dlstnct Act 34~ The county, upon receivmg its local sales tax allotment from the Comptroller, must rermt any sales tax for the county development chstrict to the development chslnct's board of directors responsible for aclmmlstermg the mx 342 Hmitations on District Sales Tax Rates A county development dislnct may levy a sales tax only if the combined sales tax rate m any part of file proposed dlslrlct would not exceed the two percent statutory cap for local sales tax 343 Other factors also may mflueuce the rate at wtuch a development district can Impose a sales tax For example, if the city m wluch a chsmct Is located nnposes or increases its sales tax rate, the county development district's mx rate is automaucally reduced to stay below the two percent cap TM If a city annexes a district and this results m the combined local sales u~x climbing over two percent, the chsmct's tax rate ~s also reduced to stay under the local sales tax lurat ~ In either circumstance, the city must reunburse the development chstnct the difference m the amount of taxes the dismct would have collected before the tax rate was reduced and the amount the chstnct is able to charge after the reduction ~6 The city has 10 days to reimburse the development district after the city receives its funds flora the State Comptroller, and the city must reunburse the chstnct as long as the dismct has outstanchng bonds to pay ~? Power of the District to Decrease or Abolish the County Development District 8ales Tax In eddmon to the automauc sales tax reductions chscussed above, a county development chstnct may decrease or abolish its sales tax m two ways First, the chstnct's board, on its own moUon, may vote to decrease or abolish the tax 348 Alternatively, the board may call for an election to increase, decrease, or abohsh the tax 349 The elecUon must be conducted ~smg the same procedures that were followed for the ereauon oftha tax 3s0 The ballots must read as follows Offioe of the Attorney General II. Alternati~e Tax Initiatives For Local Development To Decrease the Tax "The decrease m the local sales and use tax rat of (name of chstnct) to (percentage) to be used for the promotion and development of touilsm," or To Abolish the Tax "The abolmon of the chstnct sales and use tax used for the promotion and development of tourism ,,35] There is no statutory authonzatlon for a votar-untiated petiUon to decrease or abolish the tax An election on these msuas m called at the discretion of the county development dismct board of directors Board of Directors of a County Development District The operauon of the county development dlstnct m managed by its board of chrectors Upon voter approval of the district, the temporary board of chrectors automaUcally becomes the dismct's permanent board of &rectors ~s2 To be qualified to serve on the board, a chrector must be at least 21 years of age, a resident and citizen of Texas, and must be a registered voter in the county m wluch the chstnct is located 353 Addmonally, a developer ofpropen'y w~thm the chsmct, as well as certain relatives, employees, and independent contractors of that developer, may also be chsquahfied from serving on the board 3J4 The dLrectors of a county development &since serve staggered terms of four years, voth two or three board position terms explnng on September I of every other year3s~ Each chrector, whether temporary or permanent, must execute a bond in the amount of $10,000 and take the oath of office required for public officers under the Texas Constitution ~6 Temporary and permanent board members are not enutled to compensation for thenc service The board members, however, may be reimbursed,by the district for their actual expenses 3~? A quorum of the board consists of three members 3~8 Once the d~rectors have taken their oaths of office, the board votes to elect a president, a vice president, a secretary, and any other officer the board considers necessary 359 The board president presides at all meetmss, w~th the wce president fulfilling this duty in the absence of the president 3~o Regular meetmgs are held to conduct the business of the district,36] w~th noUce of the meetings posted m accordance w~th the Texas Open Meeungs Act at an accessible place m the chstnct 36~ The county clerk also must post a copy of the noucc m the county courthouse 3o The board is required to establish a district office in the county in which the district is located 3~ The board has control over. the management of the &smct, and has the authonty to employ any person or any company that the board deems necessary to conduct distnct business,36~ so long as that employment or appointment does not wolate other provisions of law 3~6 Office of the Attorney General -- 1 2. II. Altertmlive Tax Inith~tives For Local Development The board of dL~ctors may vote to adopt bylaws to govern the affmrs of the board 3~? Any director who has an interest m a contract with the chstnct, or who is employed by a company which has a financial interest must thsclose tins interest to the board An interested board member can neither discuss nor vote on acceptance of such a contract?s A contract entered rote w~thout disclosure of a chrector's financial interest is invalid~ The County Development District Act does not specify whether a contract would be invalidated if a board member w~th an interest m the contract chsclosed that interest,to the board but then proceeded to discuss or vote on the contract Replacements to the board are made by appointment of the county commissioners court 37o If a majority of the other board &rectors peUtaon the court for removal of a board member, the comrmsmoners court may remove a director after nottce and a heanng 37~ There is no statutory authonty for the conunlssloners court to remove a director except pursuant to a request by a majonty of the eyastmg board members Approval of an Expansion or Decrease in the Area of the District The board of duectors for the chsmct can ask the county commissioners court to add or exclude land from the dismct ~u An interested landowner may also ask the comrmssioners court to approve such a change 373 It IS then within the d~scretion of the county commissioners court whether to approve the proposed expansion or decrease in the area. Any such approval must be by a unanunous vote of approval by the comrmssloners court ~74 There is no statutory reqmremcnt for a public vote to either increase or decrease thc size of the chstnct The size of the district, however, can only be expanded or reduced prior to the lssuanee of any bonds 375 Dissolution of a County Development District There are three ways m which a county development dlsmct can be chssolved Fn'st, if a majority of the chsmct dLrectors detemunes that the proposed project cannot be accomplished, the board can ask the cormmsmoners court to dissolve the dlstnct 3?6 The chssoluUon of the district can then be accomplished only by a unammous vote of the comrmssloners cou~ after noUce and a public heenng ~s provided, as requtred under SecUon 383 024 of the Local Government Code 3w At the public hearing, the comml~lOllerS court must determine whether it is m the best interests of the county and the d~stnct landowners to thssolve the chstnct ~?s If the cormmssioners court unmumously finds dissolution Is m the best interest of the county, the f'mdmg is entered m the court records, and all funds and property of the chstnct are mmsferred to the comnussioners court 3~ This method for chssolutlon is only avmlable if the d~i~t has not yet ~ssued any bonds 33o Office of the Attorney General -- ~_ 3 II, ARerflative Tax Iniflath~ For ~ DEmelopment Second, if a majority of the board finds that all xssued bonds and debts have been prod end the purposes of the dismct have been completed, the board may ask the cormmssloners court to chssolve the dismct 3s~ Again, the cornnussioners court may only chssolve the dlstnct by unenunous vote after notice and a public heann$ as reqmred under Section 383 024 of the Local Government Code ~sz At the public hearing, the comnuss~oners court must detemune whether It ~s m the best interests of the county end the d~sinct landowners to dissolve the district ~u Iftha commissioners court unanunously finds chssoluUon ~s m the best interest of the county, the finding Is entered m the court records, and all funds and proper~ of the dismct are transferred to the comnmsioners court TM Finally, a dlslnct can be d~ssolved by agreement vath the governing body of a mumcipahty ~f the d~stnct is located wholly within or Is wholly annexed by the clty~n This form of chssohmon requires the dxstnct to turn over to the c~ty all money, property, and other assets of the district In turn, the city ~s requtred to assume all contracts, debts, bonds, and other obhgauons of the dlsmct TM If such an agreement Is made to dissolve the district, the taxes lev~ed by the chsmct end at the same tune the dtsmct ~s dissolved There :s no prowsion for chssoluuon of the dismct purs~snt to a petmon and/or election of the landowners However, the distnct board of detectors, as discussed earher, can order an election to be held on the abolition or reduction of the sales tax that funds chsmct projects If the voters approve a reducUon or abolmon of the sales tax for the chstnct, the chstnct could conceivably continue, but ~t would have to operate vath reduced or no sales tax revenue Office of the ARomeY General - 14 ~ VII. Eeonomlo Development Through Infrastruetural Improvements Municipal Management Districts Municipal management dlstncts are a relatively new statutory velucle that allows commercial property owners to enhance a defined bosmess area. The chstncts, also called downtown management districts, are created witlun an existing commeroml area to finance faclhtias, infrastructure, and semces beyond those already provided by mdivldunl property owners or by the mumcipahty. The unprovements may be paid for by a combmaUon of self-unposed property taxes, speelal assessments, and unpact fees, or by other char~es a~dnst property owners vathm the chsmct The creation of such a dlsmct does not relieve a city f~om prowdu~ basic serwces to an area included within the dlslrlct A chsmct is created to supplement, not to supplant, thc mumclpal serwces avmlable to the area A number of Texas clues have used municipal management chslnc~s to provide much-needed funding to enhance the economic wmhty of the business centers w~tlun the mumclpallty The statutes governing mumclpal management chstncts are located m Chapter 375 of the Local ~3ovemment Code. An area is ehglble for designation as a mumclpal management ~hsmct if it is devoted primarily to commercial development or business activity s~ A chsmct may mcluds the exiralemtonal jurlsdic~on ora c~ty, ~fthe clty has a population of at least 25,000 and if the area has an assessed valuation o£ $500 million or more accordmE to the apprmsal chsmct A mumclpal management chstnct ~s considered a governmental agency and a polmcal subd~wszon of the state The creauon of a Mumclpal MsnsSement District w~thm an ehglble commercial area basically mvolves five steps. Step 1. lhe owners o~ a majority o! the assessed value o! the real proper~y in the proposed district, or 50 persons who own real property in the proposed district, must sign a petition asking for the creation of a district,ssa Tins penUon must include the proposed chstnct boundanes, purposes, general nature of the projects or serwces to be undertaken by the district, the estimated cost of the proposed work, the names of the proposed directors (noting the chrectors' experience and length ofmiUal service) The peUtion must also include a copy of a resolution that was adopted by the govermng body of the Clty In support of the &stnct The name of the chsmct must start with a general descnpuon of the location of the chsmct followed by the term "Management District" The descnption of the boundary of thc proposed distnct must be by metes and bounds or by lot and block number (If there Is a recorded map or plat and survey of the area) All of these documents, along with the petition requesting creation of the chst~ct, must be subnutted to the Texas Natural Resources Conservation Comrmsslon for approval of the district 15 Office o~ ~he Attorney ~eneml -- F VII. IEeonomio Development lhn)agb Infra~reJ Improvement~ Step 2. The Texas Natural Resources Conservation Commission (TNRCC) or a person authorized by the TNRCC sets a date, time, and place for a public hearing to coasider the petition?4 The TNRCC must pubhsh noUce of the heermg once a week for two consecutive weeks m a newspaper of general cmculauon m the mumclpahty m wluch the chstnct is to be located s3~ The first pubhcauon must occur not later than the 31st day before the date on wluch the hearing will be held Upon request, the TNRCC must also mml the county and the mumclpalxty the aforementioued no~ce A municipality may make such a request to the TNRCC m January of each year to receive these nouces by mml Step 3. The petitioner has a dutT' to send by certified mall a notice of the public hearinl~ to each property owner in the proposed district who did not sign the petition. The notice must be sent at least 30 days prior to the hearing,sae The notice must include all of the mformaUon noted in the second step Step 4. The TNRCC must hold the public hearing and consider the need for the district and the sufficiency of the underlying documentation?? At the heanng, the TNRCC examines the petiuon and hears testunony from any interested person on the suffic, ency of the pe~tion, whether the chstnct zs feas]ble and necessary, and whether the thsmct would be a benefit to all orlust part of the land to be included The avaflabihty of comparable serwces from other systems and the reasonableness of the proposed projects and serwces are factors to be cons,dered by the TNRCC If the TNRCC finds that the dmmct zs feasible, necessary, and a publ,c benefit, the TNRCC orders that find,ng, grants the pet,uon, and appoints the untmi board of du-ectors s3s The unUal board of chrectors is composed of at least nme but not more than 30 du'ectors who serve staggered terms of two or four years ~39 To be qualified to serve as a director, a person must fit one of the follovong characteristics own property w~thm the d,stnct, own stock of a corporate entity w~thm the chsmct, be the beneficiary ora mint that owns property m the chsmct, be an agent, employee or ~umt of any of the aforemenuoned entities, or be a resident of the d~smct ~o Step 5. Upon approval o! the petition by ~NRCC, the municipal management district board appoints its officers,s4~ Each of the appointed officers must execute a bond of $I0,000 and take a written and oral oath of office ~ Once qualified, the board members themselves must elect a president, a wce-pres~dent, a secretary, and any other officers the board considers necessary One-half of the number of threctors Office of the Attom~ General Vii. Eeenomle Oevelopment Through Infrastruotural Improvements constitutes a quorum, and a concurrence of a majority of a quorum of chrectors is reqmred for any official action of the district 545 Thc imtaal and succeeding board of chrectors recommend to the governing body of the city persons to serve on subsequent boards s~ Appomlmenls to the board must be occupied by persons w~th experience m one of the areas outlmed by Section 375 064 of the Local Government Code The cxty's goq'ermng body shall approve or chsapprove the chrectors recommended by the board. Board members may serve successive terms A &rector may be removed by the governing body of the city after a pubh¢ haanng for rmsconduct or by peution of the board of directors for fmlure to carry out duues s4s A vacancy is filled by the remaining members of the board for the unexpired term ~ Directors serve w~thout compensaUon but are entitled to relmborsement for actual expenses 54~ A chrector generally may not vote on matters that affect property owned by the director or that affect the dmector's employer us RiGhts and Powers of the District To accomplish its purposes, the chs~ct may employ the nights granted to polmcal sub&wsions under ArUcle 16, SecUon 59, of the Texas Consutuuon (powers of a conservauon and reclamauon chstnct), including those confen, ed by Chapter 54 of the Water Code (powers of a mumcipal uUhty &strict), and the powers under Article 3, Section 52, of the Texas Constttution (powers of a road chstnct and the power to levy property taxes) 549 · Specifically, the district has the power to levy an ad valorem property tax for water, wastewater, drainage, road, or mass transxt unprovements that are located ms,de and outside of the chstnct ss0 A district may also levy unpact fees pursuant to the state unpact fee act (Chapter 395 of the Local Government Code) s~ To authorize the levy of property taxes, mapact fees, or to propose the issuance of bonds, the board must obtain the written consent of at least two-thirds of the number of dn'ectors of the district.552 A district may, under ceraun circumstances, levy specxal assessments agan~ thc benefitted property uathln the district.555 Spoc~al assessments may be used to pay for all or part of the construcuon or mmntenanee of the following types of improvements landscaping, hghtmg, sl~on~, streets and walk-ways, drainage, solid waste, water, sewer, power facilities, parks, lustonc areas, works of art, parking facflmes, transit systems, and other smular nnpmvements The assessments may also fund supplemental services for advemsmg, econormc development, bnsmess recrmtment~ pmmoUon of health and saturation, pubhc safety, traffic control, recreaUpn, and cultural enhancement In order to use special assessments to finance a project or service, the distnct mus~ first receive a petmon to make such improvemants, signed by the owners of 50 percent or more of the assessed value of the property m the dlsllact, or signed by the owners of 50 percent or more of the surface mca Oflioe of the Attorney Oeneral -- I 1 7. VII Economic Development ThrouGh Infrlmtruelural Improvements of the chsmct ss4 The area to be assessed may be the enure dislnct or any part of the district~ss Before levying a special assessment, the district must prowde nouce of a bearing on the proposed unprovements and the proposed method of assessment sss The nouce must be pubhshed at least 30 days before the hearing and must be sent by cortlfied mall to the owners subJect to the assessment at least 30 days before the heanng The cost of the unprovements shall be appomuned by any reasonable assessment plan that_ bases the assessment on the special benefits that accrue to the property because of the Improvement or service ss? Governmental enUues may contract unth the district to provide for the payment of assessments on publicly owned property~ss Certain reslclanUal propomes are exempt from assessments and unpact fees as defined by Secuon 375 161 of the Local Government Code A chsmct may recur habflmes, borrow money, issue bonds and notes, purchase, sell, or receive real and personal property ss9 The board may call a bond election on the written petmon of the owners of 50 percent of the assessed value of the property m the disu~ct or by a petmon of ownem of at least 50 percent of the surface area of the dismct ~o The approval of the governing body of the city must also be obtained to issue bonds for an Improvement project m Additionally, Ifa project revolves the right-of-way of streets or the use of city land or easements, the distnct must receive the city's approval before undertaking such a project A district may own and operate facflmes mmde or outside of the &strict, and may enter rotc contracts for joint use of chstnct facflmas ~62 It may charge rents or fees for use of constructed unprovements owned or operated by the dismct The dismct may hire employees and consultants and do all things necessary to carry out the purposes of the district, except that a district may not exercise the powers of eminent dornam z6~ A district has an obligation to attempt to stunulate the growth of disadvantaged businesses w. slde Its boimdanes by encouraging participation of these businesses dunng procurement and other district actlwties ~ The district is subject to ¢ompetmve bidding reqmrements as clescnbed by Section 375 221 of the Local Government Code. Although this is not addressed m the Implementing legislation, a dismct because of ~ts status as a governmental body would also be subject to the Open Meetmss Act and the Open Records Act 5~ Finally, the disWict may be dissolved upon a vote oftbe board of directors or upon a peution of the owners of 75 percent oftbe assessed value of the property w~tlun the district or by petition of the owners of 75 percent of the surface area of the dismct 5~ Additionally, the district, by ordinance of the clty, may be dissolved pursuant to a vote of two-tturds of the governing body of the city~7 In this circumstance, the city succeeds to the assets and habfllues of the district The district may be dissolved, however, only after any remamm$ bonded mdeb{.ffdueas has been paid or assumed by the mumclpallty z~s Office of the Attorney 6enerai -- ~ .7. 8. AGENDA INFORMATION SHEET AGENDA DATE: May 23rd, 2000 DEPARTMENT: Planning & Development Department CMfDCM/ACM: David Hill, 349-8~14~ SUBJECT: Receive a report, hold a discussion, and give staff direction regarding the proposed preparation and enactment of a S~te Design Standards and Environmemal Standards Overlay Ordinance BACKGROUND: On April 25th, the City Council instructed staff to proceed with a schedule to implement elements of the proposed Development Code intended to replace the Interim Ordinances Site Design Standards and Environmental Protection and Management Standards are the two Development Code elements that are proposed to replace the Interim Ordinances The consultants, Fragonese Calthorpe Associates in conjunction w~th staff have drafted these Development Code secUons The overall intent of the new Development Code is to provide regulatxons that implement the Comprehensive Plan and are based on its guiding principals (Attachment A) John Fragonese will be present at the workshop to review the proposed documents and discuss lmplemantat~on options Attachment B is the Site Design section of the DeveloPment Code vnth a staff summary Attachment C includes a staff summary of the Environmental Protection and Management Section NOTE Staff is anticipating having the Enwronmental Protection and Management Standards for the City Council to hand out on Tuesday,, pending legal review The Code Comnuttee was appointed in September 1999 for the express purpose of reviewing the consultant and the staff produced chapters of the new Development Code The Committee has reached consensus on these standards and is satisfied flus code has no major issues that were left unresolved (Attached is a letter from the Code Committee chair, Dave Neal, Ph D with their response regarding the Site Design Standards - Attachment B) However, the committee did want to see how this section would be integrated with the remainder of the code Further, some members were uncomfortable with ~mplemantang sections of the code on an interim basis without having reviewed the enUre document At their May 11th meeting, the Committee was scheduled to conclude their review of a single-family addition to the Site Design Standards and review additional reformation requested regarding habitat issues in the Environmental Protection and Management Standards Because there was no quorum at tins meeting, the Committee could take no action The Committee ts now scheduled to discuss the addttlonal smgle-famaly standards and conclude their review of the environmental section at their Thursday, May 25th meetang The Planmng and Zomng Commission have had briefings on the progress of the Code Committee, including the draflang of these two elements The Commission held a workshop on May 11th, and have another workshop scheduled for May 24th, 2000 to discuss tins item Two meetings have been held with the Chamber of Commerce and another meeting is scheduled for May 23'a, 2000 No general review by the public has been made, although meetings are scheduled for June prior to holding Public Hearings at the Planmng and Zomng Commission and City Council meetings OFrIONS: · Direct staff to move forward in preparing the Overlay Ordinance based on the proposed schedule · Direct staffto prepare an alternative review and Implementation schedule RECOMMENDATIONS: The intention IS to adopt the Site Design and Environmental Protection and Management Standards as a set of overlay regulations to operate in conjunction with exastlng regulations The site design and environmentally sensitive area standards, combined with adequate public facthttes reqmrements, could replace the interim ordinances currently in effect In order to properly effect this proposal of adopting the Site Design and Environmental Protection and Management Standards over our current zomng code, we will have to overcome the following issues · Property owner notification - this process wdl have to be done twnce, once for the properties impacted by the overlays and then again for the zomng map · Applicability - when and what projects are affected · Process and Procedure - new sections will need to supplement elements not currently included in our codes · Matching these codes to relate to current zomng districts ESTIMATED PROJECT SCHEDULE; On April 25~, 2000, the C~ty Counc:l elected to beg~n a formal review process for a port~on of the new development code by the Planmng and Zomng Commission, the C~ty Council and the pubhc for future adoption A schedule was approved by the C~ty Council on April 25th, 2000 for ~mplementat~on of the Site Design and Environmental Protection and Management overlay ordinance Staff has revised th~s schedule to include an ad&t~onal work session and to allow for additional legal review Revised Schedule FISCAL INFORMATION: In August of 1999, the c~ty contracted w~th Fragonese Calthorpe Assocmtes for $262,575 to ~nclude serrates related to the new development code ATTACHMENTS: · Attachment A Gm&ng Pnnc~pals · Attachment B S~te Des:gn Standards · Attachment C Environmental Protection and Management Standards Respectfully submttted Douglas S Powell, AICP D~rector of Planmng & Development Prepared by Comprehensive Planmng Manager C/nmcbeth/CC AIS Development Code 5-24-00 Attachment A: Guiding Principals The new codes tie &rectly to and meet the pnnc~pals and goals expressed ~n The Denton Plan Tho,se pnnc~pals were summarized and agreed to by the Code Committee to lead them through the development code process Addmonally, a variety of pubhc outreach methods were used such as Focus Croups, Telephone Surveys and V~sual Quahty Survey to further define commumty feehngs about design, growth, arciutecture, environmental ~ssues, open space and many other issues The results of these surveys were dehvered to you for your ~nformat~on and use on Friday, May 12~, 2000 GUIDING PRINCIPLE: PROVIDE FOR A PAIR, PREDICTABLE, AND INCLUSIVE PLANNING APPROVAL PROCESS. · Use the Comprehensive plan as 8mdc for all dects~ons · D~velop clear and obJeCtive standards · Delegate routine dec~sion-makmg · Reserve Planmng and Zomng Conumssion and Mayor and Council decis~ons for s~gmficant pohcy matters · Provide sufficient notice, and a fair and tmpamal hearing · Provide for a dec~sion-making process that is of a known, limited duration with hmlted oppon'umties for appeals · Provide for a hearing upon request by any stakeholder GUII~ING PRINCIPLE: TO PRESERVE EXISTING NEIGHBORHOODS RETAINING THE FEELING OF 'HOME' EXPERIENCED BY RESIDENTS OF DENTON Protect ex~stm8 trees and open space · Reduce the feeling of"crowdxng" m new developments · FOcus new growth toward developed but undemtthzed areas to help w~th the preservation of open space · Uge poheies to control the location of new growth · D~ree~ m~xed-use development to areas of new development · Only allow commercial acuwty that serves a small market area, such as grocery stores and servwe uses, In existing neighborhoods GUiDiNG PRINCIPLE TO ASSURE QUALITY DEVELOPMENT THAT FITS IN WITH THE CHARACTER OF DENTON · Adopt S~te Design standards to ensure bagh quahty · Adopt performance-zomng standards for rmxed-use development · Ensure that future development preserves trees · Require planting new trees sufficient to maintain the ~mage of a "treed" c~ty GUIDING PRINCIPLE: CREATE A TRANSPORTATION NETWORK THAT PROVIDES FOR EPPICIENT MOBILITY 5 · Encourage mixed-use development in an environment that will encourage trip reduction · Focus development to areas that can akeady be served by transit and roadways · Ensure that zomng codes do not lunder redevalopment · Focus on downtown as the primary activity center for Denton · Create a long-range transportation plan that matches new growth to the transportation network · Adopt street design standards to ensure viable walkable areas · Encourage alternative modes of travel, mcludmg bus, bicycle and wallang GUIDING PRINCIPLE. FOCUS NEW DEVELOPMENT TO ACTIVITY CENTERS TO CURB STRIP DEVELOPMENT AND URBAN SPRAWL · Implement mixed use zomng for acUvtty centers · Encourage a max of uses in new residential developments · Encourage multi-family housing, with proper use of open space in both activity centers and new neighborhoods GUIDING PRINCIPLE: PROTECT THE NATURAL ENVIRONMENT AND EXISTING OPEN SPACE · Create enforceable protective measures for significant stands of trees and outstanding individual specimens · Prohibit or generally limit development in floodphuns, wetlands, and riparian areas · Require setting aside of open space in areas of new development GUIDING PRINCIPLE ENSURE THAT INFRASTRUCTURE IS CAPABLE OF ACCOMMODATING DEVELOPMENT PRIOR TO THE DEVELOPMENT OCCURRING · Using infrastructure master plans to develop expectations of adequate levels of pubhc services · In areas where urban services are provided, moderate density development can be accommodated · In areas where services are not available, low-density development wll be necessary, using septic systems and wells · Provide for a mm of housing types m new developments in the city to meet the demands of a population that is diverse in age, income, and housing preference · Encourage redevelopment in activity centers that can create more affordable housing GUIDING PRINCIPLE' PROVIDE HIGH QUALITY HOUSING THAT ENSURES INDIVIDUAL CHOICE AND IS ACCESSIBLE TO ALL · Ensure new developments are reclusive of vaned housing styles and sizes · Encourage redevelopment ~n acUvity centers that to ensure that houmn8 choices erdst · Ensure that the full range of housing types to meet the demands and preferences of the exlsung and future residents of Denton can be built in Denton ATTACHMENT B ~ March 13, 2000 M~nb~'s Cecile C.~on, Cc-Ck~ Debr~ Dmyo~h To the Mayor and City Counc,1, Doug J~n ~gelbrecht As chmr of the Code Committee, it is w,th great pleasure that I pass on to the City Counol this peg~Fox reviewed draft of the S,te Design Standards The Committee worked through th~s process ddigently D~le ~ and is proud of the resulting Site Design Standards astached for your review Jan I~'kp,m& Jo~ poole The Committee had ,4,verse opa'uons, values, and expemse going into this review Tbs has ~adRedmon ~ Karm~Reldy resulted m a document that ~s accepted by the Comrmttee as one that wRl serve our city with h~gher ~ ~ ~ s~te design standards, that are dear and object~ve and meet the values of the commumty as a whole ~ ~ ~ ~ob ih&on The Committee had a high degree of consensus on the issues and on very few occasions the ~ ~ , ~ ~ committee could not come to full agreement Code Committee members who have a minority Consultant op~mon on those issues, not conmtent with the Committee as a whole, may send forward a memo Fregonese C~khoq~e during th,s process for your review Although the Site Design Standards passed through the Assoo~.~ % Cornnuttee, the Committee will do a broad-brush review of the Development Code as a whole for John Frego?, undormny and consistency of the whole ~ st.df Liason Doug Powel~ Dm:cwr The Site Design Standards maplement the adopted Comprehensive Plan and clardy many of the Depam~t~; questions thc commumty has had as a whole through the Comprehensive Plan process That is, how ~- ~ do we increase our quality of hfe, the way structures are sited, the materials and landscaping on a given ~ Formed pro~ect In other words, resoluuon of the many issues City Council and the Planning and Zoning Atgu~ 24', mg~ Comtmssion de~l with on a case by case basts today This poruon of the code provides uniformity of ~ t~ apphcauon and reqmremants for all projects The Cormmttee is moving forward into other areas of the Development Code process and look forward to reviewing the various aspects of the code This code will merge into a uniform development code that is user friendly and that makes the process easy for developments that meet or e~ceed these requirements and makes is hard for those who do not I am av~able to the City Counal should they reqmre my presence during the review of the Site ~ ~ Design Standsrds Best Regards, David Neal, IJh.D, Ch~ Code Committee ~ Code Committee Members, Plarmmg & Zoning Commission, City Managers Office, Planning ~C~,I-I~W~ Staff, Fregnnese Calthorpe Assocmtes Pb.-,.g & DC~elopmem ni North Ehn 5tr~ ATTACHMENT Site Design Standards Denton, Te:ms 76201 7 Attachment B' Site Des~,n Standards The Site Design Standards are intended as an overlay that applies to a variety of areas regardless of zomng Provisions for specific standards may be by types of development The standards vary by zone / use, and by whether the area is a Ingh pedestrian activity area or the area is auto-dominated The standards affect developments pernutted by right in the zone, and the review process is proposed to be StaffPermlt review The intent is to provide clear and objective standards that will produce developments that meet rmmmum design standards Alternative design standards will be required to be presented to the Planning and Zomng Commission In addit:on, a decision on the stafflevel can be appealed to the Planmng and Zoning Commission The tools used for the S~te Design Standards are broken down into a mamx, winch shows the tool used and where it applies '~s Street trees reqmred adjacent to streets at regular intervals - Tins reqmrement usually for a ce~tmn size tree to be planted along the street, sometimes in the public right ct way, at 30 foot intervals, or a 30 foot average interval A tree list is used to ensure compatlinhty with the street environment (e g, rooting habits, fruit, leaf drop, disease resistance, etc ) · Tree canopy landscaping to include retention of ex,sting trees or planting that wdl provide a canopy cover cfa certmn percentage with a set amount of time (e g, 10 to 20 years) A tree list is used and given canopy w~dth ~s standard~zed based on the size ct tree planted or retmned · Minimum landscaped area requirements (based on percent of lot area) This requires that a minimum percentage of the lot be landscaped (e g, 15% of the area) · Maximum front-yard setback to bnng building closer to the street - provides a "street wall" similar to a residential single family neighborhood (as in the ease of multi family) and downtown street~ in the case of commercial development · Mimmum open space requirements for new developments This requires percentage of the site to be developed as open space Tins counts as landscaped area · Parking not located between structure and street This prevents or hm~ts the "sea c parking" This configuration is much desired by many kinds of large-scale commercial development Some compromises are possible · Porches (residential) or canopies (enmmerelal) - reqmres areintectural identification of entries · Garage setback fi.om the rest of the building - prevents "snout houses" - narrow frontage towahouses or apartments that have a continuous wall of garages in the front · Maximum percent a garage can occupy a front fagade Helps with the same problem, above Height dtverslty groups of adjacent buildings should vary in height Tins is standard designed for a downtown or mmn street area w~th common wall buildings helps prevent a monohtinc appearance · Architectural standards in regard to materials and ornamentation This is usually reserved for downtown, moan streets, and historic districts, but some communities also restnet the use of metal bmldm~s and unadorned concrete block buildings as well · Sen_se of entry moan entrance is readily apparent by being arcintecturally prominent Tlus is often used in districts that try to emphasize a pedestnan friendly environment · Fagade shifts the front faeeade of a long building should not be an unbroken plane Used both m moan street environments and to improve '°oig box" and mall store designs · Openings and windows to add visual interest and break up blank walls Used a~ time a blanlt wall facin[~ a street or sidewalk is not desired · Horizontal rhythms prormnent horizontal lines at sirmlar levels moantoaned along th~ street frontage Primarily a main street or historic district feature, it is intended tc ~ a traditional floor and c Restricted spacing of auto access (curbcuts) across sidewalks Used where sidewalk is intended for heavy pedesman use · Prohibiting or regulating drive-in facilities These set minimum standards operation of dnveups, and sometimes banmng them (or heavy use dnveups, such as ~ from mare streets~ downtowns~ and Instonc districts · Direct pedestrian access from street to building Commonly used in fluendl¥ districts to ensure a complete pedestrian environment CITY OF DENTON SITE DESIGN STANDARDS DRAFT FRIDAY, MAY 19TH, 2000 ATTACHMENT 'B' TO THE CITY COUNCIL Fregonese {~al~o. rpe /-~ssoclates Re~nal and urban Piann,n$ Chapter XXX SITE DESIGN AND USE STANDARDS Sections 35 25 010 Purpose and Intent 35 25 020 Apphcat~on 35 25 030 Procedure 35 25 040 Plans Required 35 25 045 Traffic Impact Analys~s 35 25 050 Criteria for Approval 35 25 060 S~te Design Standards 35 25 070 Power to Amend Plans 35 25 090 S~te Use Standards 35 25 100 Dr~ve Through Uses 35 25 110 L~ght and Glare Performance Standards 35 25 120 Landscaping Maintenance 35 25 130 Goal Rewew Option 35 25 010 Purpose and Intent The purpose and intent of th~s Section is to regulate the manner m which land ~n the City of Denton is used and developed, to mlmm~ze adverse effects on surrounding property owners or the general pub hc, and ensure that h~gh quality development ~s maintained throughout the com mumty $5 25 020 ADphcat~on The standards of th~s chapter shall apply to A Any structure that contains two or more dwelhng umts B Development which ~ncludes a structure of greater than 1,000 square feet m any "C" or "E" zone C Any ~ncrease ~n an ex~st~ng use ~n any "C" or "E" zone that ~s greater than 10% of the existing budding square footage D Any development ~n an "1" zone which is wRhln 500 feet of a designated corridor m the official Street Plan Map ~ncorporated ~n Section 9 3, Official Maps, or w~th~n 500 feet of any "R" zone as measured from the zone boundary E Any subdlws~on of land that contains more than 10 lots, or covers more than 2 acres, or contains attached single famdy umts, or creates lots of less than 10,000 square feet F The creation or expansion of a parking lot ~n any zone C~ty of Denton Development Ordinance S~te Design Standards - Draft #5 Pac, e 2 May 19th 2000 The 5~te Design Standards are intended to ~mprove the design m the commu- mty, and to ensure it is more attractive, and pedestrian friendly Tt sets site design ~tandards that include building placement, landscaping, buffers and screening, end some basic architectural components Th,s is a new procedure Today, many of these permits would be ,ssued with- out any of these standards applied ]:t ~s intended to implement many of the ~uld,ng Principles, especially those regarding appearance, multi modal modes of travel,land neighborhood compat,bdlty There are s~gn~flcant new requ,re- ments to both preserve and plant trees Th~s code section ,s intended to apply to all developments except for minor structures The code uses the new nomenclature, where any zone where sales and serv,ce are prtmardy allowed ~s a "C" zone (commercial), off,ce and hght industrial are "E" zones (employment), and manufacturing is an "~[" zone (industrial) This wdl be replaced by the final zoning code designations for Denton ]:ndustr~ol zones are only affected for that part that ~s wowed from a major road (destgnated corridors - see section on corridors at the end of this docu- ment), or from the per,meter of a residential zone Only those portions within the 500 foot zone need comply with the code 51to Design Standards - Commentary and illustrat~ons Page 3 35 25 030 Procedure A A S~te Rewew Permit ~s required for any development that ~s required to meet the requirements of th~s chapter, as defined m Section 35 25 020 B The Staff Permit Procedure (as defined in Chapter XXX, Procedures), wdl be used to process a request for a S~te Rewew Permit, as follows ! W~th~n 10 working days after receipt of a complete apphcat~on, a con ference shall be held between the apphcant and the D~rector of Plan rang and Development or the d~rector's designee rewewm8 the re quested planning action W~th~n 5 days following such conference, the D~rector of Planning and Development shall Issue a written dec,sion to the apphcant, which shall be final 2 If a request for an administrative hearing ~s received from the apphcant w~th~n 5 bus~ness days of the D~rector's decision, an appeal hearing shall be scheduled for the next regularly scheduled heanng calendar before the Planning and Zoning Commission, allowing an adequate no t~ce per~od, subject to all the requirements of a Conditional Use Proce dure, except that the not~ce procedure shall be the same as for a Staff Permit C Pubhc not~ce shall be given as follows Every s~te rewew made pursuant to th~s code shall be entered ~n a Registry avadable to the pubhc ~n the Planning and Development Department, setting forth 1 The location of property affected, by street address, tax map number or other easdy understood geographic reference to the subject prop erty, 2 The date of the hearing or conference, and the date dec,sion wdl be fl nal, 3 A description of the decision to be made D A copy of the apphcat~on, all documents and ewdence rehed upon by the ap phcant and apphcable criteria wdl be made avadable for inspection at no cost and cop~es wdl be prowded at reasonable cost 35 25 040 Plans Reau~red The following mformat~on shall be required for all developments requiring a S~te Review Permit It may be submitted ~n one or several maps and written mate r~al, as deemed appropriate by the Planning and Development D~rector Ctty of Denton Development Ordinance S~te Design Standards - Draft #5 Pa~,e 4 May 19th 2000 XXX 030 The procedure recommended ~s n Staff Permit - this would allow a 20 day processing time for most permitted uses ]~t could be appealed to the Type ]~V decision maker XXX 040 The very specific requirements are mtended to work w~th the proce- dures section This gives the staff a check hst for a complete apphcat~on be- fore the tlmeframes contained in the Development Ordinance beg~n running The information required is to ensure a complete picture of the following Ex- isting conditions, avmlabdlty of serwces, and the proposed new development 5~te Design Standards - Commentary and illustrat~ons Page 5 A A s~te plan conta~mng the following I Project name 2 Wcmlty map 3 Scale, no less than i ~nch equals 50 feet 4 North arrow 5 Date 6 Street names and locations of all ex~st~ng and proposed streets within or on the boundary of the proposed development, pavement widths, s~dewalks, and b~keways 7 Lot layout with dlmensmns for all lot lines 8 Zomng des~gnatmns of the proposed development 9 Zoning designations adjacent to the proposed development 10 Location and use of all proposed and ex, sting braidings, fences and structures w~th~n the proposed development and within 200 feet of the proposed development, including any right of way or pubhc ut~l ~ty easements Indmate which braidings are to remain and whmh are to be removed 11 Location and s~ze of all ex,sting and proposed public uBhtms ~n and adjacent to the proposed development with the locations shown of a Water hnes and dmmeters b Sewers, manholes and cleanouts c Storm drmns and ~nlets d Electric and gas e Telecommumcat~on 12 The proposed location of a Connection to the C~ty water system b Connection to the C~ty sewer system c The proposed method of drainage of the s~te d The proposed method of erosion and sed~mentatmn control City of Denton Development Ordinance S~te Design Standards - Draft #5 Page 6 May 19th 2000 benton has an excellent data base such as topographic maps, GI$ data, and re- cent dig,tal aerial photography that can prowde much of the base data 5~te Design 5tandards - Commentary and dlustrat,ons Page 7 13 Location of drainage ways, environmentally sensitive areas, or pub hc utility easements In and adjacent to the proposed development as required under Chapter XX, Enwronmental Protection and Man agement 14 Location, size and use of contemplated and ex~st~ng pubhc areas within the proposed development 15 F~re hydrants proposed to be located within the s~te 16 A topographic map of the site and the area adjacent within 200 feet at a contour ~nterval of no more than 2 feet 17 Location of all parking areas and all parking spaces, ingress and egress on the s~te, and on s~te circulation 18 Use designations for all areas not covered by buildings, parking, or landscaping 19 Locations of all significant landscape features ~ncludlng, but not hmlted to, any ex~stmg healthy trees of a cahber greater than s~x (6) ~nches, and generally forested areas, and creeks, wetlands, 100 year floodplains, or ponds existing on the site and 50 feet outside of the s~te boundary Indicate any planned modifications to a natural feature 20 A landscape plan showing ~n detail the location, type, and s~ze the proposed landscaping and plantings 21 The elevations ,surface area ~n square feet, illumination type, height, and construction (material and style), and locations of all proposed signs for the development 22 Architectural elevations for all buildings proposed on the property Such plans shall ~nd~cate the material, color, texture, windows, doors, and other design features of the building, ~nclud~ng all ws~ ble mechanical equipment, such as for heating and coohng Eleva tlons shall be submitted drawn to scale of one (1) inch equals ten (10) feet or greater or a comparable scale In the case of subdlw s~ons which contain attached umts or lots less than 10,000 square feet, plans for homes which may be built on lots may be submitted w~thout specifying which lot the umt ~s to be located on, however, building envelopes on the lot must be sufficient to accommodate the umts planned for the lots In lieu of plans, the subdlws~on may Clty of Denton Development Ordinance S~te Design Standards - Draft #5 PaRe 8 May 19th 2000 XXX 040 (A) 20 The landscape plan ~s used both for ensuring the landscaping ~s installed but also mmntmned (See sectmn XXX 120) 5,9ns and architectural drawings are also requmed 5~te Destgn Standards - Commentary and dlustrat~ons Page adopt design standards as part of the covenants of the development that wdl assure comphance w~th these regulations 23 A written summary showing the following a For commercial and ~ndustnal developments The total area contained ~n the area proposed to be de veloped The area and percentage of the lot covered by struc tures The area and percentage of the lot covered by other ~m pervious surfaces The total number of parking spaces v The total area of all landscaped open space areas w The total area covered by tree canopy at maturity of the trees b For residential developments The total gross area ~n the development The number of dwelling umts ~n the development Onclude the un~ts by the number of bedrooms ~n each un~t, e g, ten (10) one (1) bedroom, 25 two bedroom, etc) Area and percentage of lot coverage by aa Structures bb Streets, roads, and alleys cc Sidewalks dd Recreation areas ee Landscaping ff The total area covered by tree canopy at maturity of the trees gg Parking areas hh Imperwous surfaces 35 25 045 Traffic Impact Analys~s A Transportation Impact Analys~s shall be required for any proposed s~te de velopment that can be reasonably expected to generate more than 1,000 vehicle tr~p ends during a s~ngle day and/or more than I00 vehicle tr~p C~ty of Denton Development Ordinance Site Design Standards - Drat~ #5 PaRe 10 May 19th 2000 These summarms contain ,nformation used to determ,ne compliance with th~s and other sections of the code XXX 045 The traffic ~mpact analysis ~s required for medium s~zed to large proj- ects - for example, a 100,000 square foot shopping center, or a 150 unit apart- ment complex This analys,s would allow for the appropriate traffic controls to be placed when development occurred Th~s is essential m determ,n~ng traffic capacity Site Design Standards - Commentary and ,llustratlons Page 11 ends dunng a s~ngle hour B The Transportation Impact Analys~s shall be developed in accordance w~th the official City of Denton Transportation Criteria Manual 35 25 050 Criteria for Approval The following criteria shall be used to approve or deny a s~te plan A All apphcable City of Denton ordinances have been met and will be met by the proposed development B All requirements of the S~te Design Chapter have been met C That adequate capacity of pubhc or private facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate pubhc fac~htms for transportation can and will be provided to and through the subject property Adequacy can be deter m~ned based on the ~nfrastructure standards estabhshed by the C~ty of Denton and Denton County 35 25 060 S~te Design Standards The following S~te Design Standards must be met A. Landscaping and Tree Canopy Requirements I The following percentages of Landscaping and Tree Canopy are re qulred for all properties which require a Site Review Permit DlSblct Sub-D~stnct ~ Landsca~ng ~ Tree C, ano~v. _ Cover Rural RD 5 50% 50% RC 45% 55% Existing Neighborhoods / Inflll Compatlb~hty NR 2 45% 55% NR 3 40% 55% NR 6 40% 55% NR 15 40% 55% NR 30 25% 40% Neighborhood Centers NCR 2 50% 55% NCR 4 45% 55% NCR 6 40% 55% NCR 15 40% 55% NC M U 20% 35% City of Denton Development Ordinance S~te Design Standards - Draft #5 PaRe 12 May 19th 2000 XXX 050 The criteria for approval is very objective, requiring compliance with all other codes of the c,ty (e g, erosion and sedimentation control, zoning setbacks, otc ) Criteria ¢, whde short, is a critical pert in assessing development impacts on infrastructure, XXX 060 The percentage landscaping requirement is a performance based stan- dard - ~t ~s very flex~ble on how it is applied to a spec,f~c property Areas of t~ve landscaping left and maintained in a healthy state can count The tree canopy performance standard ~s somewhat new ]:t is 1§% greater than the landscaping requirement Zt provides an mcent,ve to preserve large native trees The illus- tration below shows a commercial application that meets th~s standard - 1§% land- scaping, 30% tree canopy NOTE The zone categories under 3§-2§ 060 represent the new companion zon- ing d~str~cts which relate directly to the adopted benton Plan and Land Use Plan designations 51to I~es,gn Standards - Commentary and dlustrat~ons Poge 13 D~strlct Sub District % Landscaping % Tree Canopy Cover Downtown Umvers~ty Core DR i 30% 45% DR 2 10% 25% DC N 10% 20% DC G None None Commumty M~xed Use Centers CC G 1§% 30% CE i 15% 30% Regional M~xed Use Centers RCR I 30% 45% RCR 2 15% 30% RCC N 10% 20% RGC D 15% 30% Employment Centers EC C 15% 30% ECI 15% 30% Industrial Centers lC E 10% 20% I C G 10% 20% 2 Landscaped areas ~nclude all areas that are planted Areas that are retained ~n a natural state may be included, if they are com prised of native or non ~nvas~ve specms, and are maintained In a weed free cond~hon Understory plants that grow naturally ~n these areas and which are generally comprised of native specie are not considered weeds These areas should be kept ~n their natural state 3 Tree canopy ~s measured by compuhngthe area that the mature canopy wdl encompass, based on the standard tree list, the Mature canopies shall be eshmated for exlsbng trees on s~te Any tree not on the City of Denton hst shall be estimated by use of standard landscaping references 4 Landscaping m the adjacent public right of way may be counted to ward meeting the overall landscaping requirements of thru Code 5 These percentages are the m~mmum required At bmes, more land scap~ng or tree canopy will be required to meet the needs of other sections of the Site Rewew Ordinance, such as screemng of parking areas, landscaping of setback areas, and providing usable outdoor space In general, all areas, which are not used for budding or park lng areas, are required to be landscaped, and where adequate room exists, all landscaped areas are required to contmn trees S~te Design Standards - Drat~//5 Pa~,e 14 May 19th 2000 C The sIngle fam,ly standards are assumed to be more pedestrIan friendly The following project shows the basic requ,rements - buddings facing the street, porches and balco- nms, architectural detml, personal open space, h~dden serwce and ga- rage entr~es 5,te Design Standards - Commentary and dlustrat~ons Page 15 C. ResidentIal (S~ngle Famdy) Development Standards I Any subdlws~on of land greater than two acres and that contains lots of less than 10,000 square feet, or a subdivision that contains attached housing, ~s required to file a concurrent s~te rewew at the time of subd~wslon 2 Design Standards for lots ~n the residential zones that are located on lots of less than 10,000 square feet, or any attached houses ~n any zone are as fol lows 3 Buddings shall utilize at least two of the following design features to prowde wsual rehef along the front of the residence a Dormers b Gables c Recessed entries d Covered front porches e Cupolas f Pdlars or Posts g Bay window (mm 24" projecbon) 2 The garage frontage shall not occupy more than 40% of the total budd lng frontage Th~s measurement does not apply to garages facing an alley or courtyard entrance Any garage may not extend beyond the house front Garages that are at least 30 feet behind the house front may exceed the 40% frontage m~nlmum 3 No adjacent homes may be of the same design and floorplan 4 Walls which face a street other than an alley must contain at least 25% of the wall space ~n w~ndows or doors 5 Primary entries shall be accessed d~rectly from the pubhc street and s~dewalk 6 W~ndows shall be prowded with Trim W~ndows shall not be flush with exterior wall treatment W~ndows shall be prowded w~th an archltec tural surround at the jamb 7 Flat roofs are not permitted 8 Exterior flmshes shall be primarily horizontal wood or wood product s~d~ng or masonry 9 Each umt, whether attached or detached, must be budt on a lot that ~s at least the square footage of the umt constructed on the lot The lot C~ty of Denton Development Ordinance Site Design Standards - Draft #5 Pmze 16 May 19th 2000 Architectural detml Garage frontage not on the street Street trees and sIdewalks Pedes?rlan frmndly Windows, entrances, crud budd-to hnes Open Space and Green ~locks and l connect~wty 5~te Design 5tandards - Commentary and dlustrat~ons Page 17 must be at least 150% of the footprint of the umt constructed on the lot :tO Block S~ze A project may not contain a block of greater than three acres Projects larger than four acres shall develop a pubhc street sys tern that creates blocks of three acres or less 11 At least 75% of the front yard frontage shall have buddings w~th~n twenty (20) feet of the front property line Stmrs and porches can ex tend ~nto setback up to 10 feet as long as they do not affect the budd to hne 12 Five percent of the land area that ~s non constrmned open space wdl be designed ~nto a green, plaza, or a combination of planned open space ormnted to the neighborhood C. RM1 and RM2 (Multi Family) Development Standards i Orientation reqmrements for all Mult~ Famdy Developments, except in pedestrian zones a At least 50% of the front yard frontage shall have buddings within 30 feet of the front property line b Buddings that are located w~thm 30 feet of property line adjacent to a front yard shall have at least 25% of the wall facing the street in w~ndow or door areas c Parking areas shall not be located between buddings and the street 2 Block S~ze A project may not contain a block of greater than 3 acres Projects larger than three acres shall develop a pubhc or private street system that creates blocks of three acres or less 4 Private Streets shall be required to contain sidewalks and street trees, but pubhc street setbacks shall not apply 5 Streetscape a One street tree for each 30 feet of frontage, chosen from the C~ty of Denton Parking Lot and Street tree hst, shall be placed on that por t~on of the project adjacent to the street Where appropriate, these street trees may be placed ~n the pubhc right of way b Th~s street tree reqmrement is required for private ~nternal streets as well as pubhc streets c Front yard landscaping shall contain a m~xture of ground cover, C~ty of Denton Development Ordinance Site Design Standards - Dmttr #5 Paee 18 May 19th 2000 The multi family stan- dards differentiate between projects on arterials (more auto oriented) and other streets, assumed to be mor~ pedestrian friendly The follow- mg townhouse project shows the basic re- qumements- burial,rigs facing the street, porches and balconies, open space and rec- reational area, land- scaping and tree can- opy Block sizes are limited ~-~ ' , ,,v,ty ,o streets and and to reduce the multi-family com- the scale to a residen- tial level and reduces traffic ~mpacts 5~te bes,gn 5tandards - Commentary and dlustrat~ons Page shrubs, and trees P~ne straw, bark chips, gramte ch~ps, gravel and other s~m~lar ground cover may not be a major component of the mature landscaping 6 Landscaping a Landscaping shall be designed so that 80% landscaping coy erage occurs w~thm 5 years b Landscaping design shall include a variety of deciduous and evergreen trees and shrubs and flowering plant specms well adapted to the local climate c Existing healthy trees on the s~te of greater than 6 ~nch DBH are ~ncorporated ~nto the reqmred landscaping of the s~te d Landscaped areas of at least 10 feet In width shall buffer braidings adjacent to pubhc or private streets e Parking areas shall be shaded by large broadleaf canopied trees and shall be adequately screened and buffered from ad jacent uses Trees shall be selected from the City of Denton Parking Lot and Street Tree List 7 Open Space a A groundcover area equal to at least 8% of the lot area shall be dedmated to open space for recreation for use by the ten ants of the development Mixed use developments of greater than (35) umts per acre shall be exempt from this require ment b Areas covered by shrubs, p~ne straw, bark mulch and other ground covers whmh do not provide a statable surface for hu man use may not be counted toward th~s reqmrement c Decks, patios, and s~mllar areas are ehg~ble for up to 5 per cent of the reqmred open space criteria d Play areas for children are required for projects of greater than 20 units that are not designed as age hm~ted or student housing 8 Specml Standards for Large Scale Mult~ Family Developments (greater than 30 units) The same exterior design may not be used for more than 30 units ~n a project A variety of compatible exterior materials' use and type, braiding styles, massing, composition, and prominent architectural features, such as door and window opemngs, porches, roofhnes, should be used C~ty of Denton Development Ordinance S~te Design Standards - Drat~ #5 Paee 20 May 19th 2000 The~ goal of paragraph is to ensure that large projects use a variety of designs Paragraph 2 (block s~ze) wllllalso ensure that large pro~lects develop an inter- hal ~streetscape", rather than designs around the parking lots This helps bul!d a neighborhood qual- ity,in higher density proj- ects mm m Typical view of Townhouse Design that meet 5rote Design Standards - Commenta~ and illustrat~ons Page 9 Colors a Colors are not hm~ted, prowded they are not of day 81o, lum~ nescent, ~ndescent, neon, or s~mflar types W~ndows shall be prowded w~th trim Windows shall not be flush w~th exterior wall treatment W~ndows shall be prowded w~th an arch~tec rural surround at the jamb b Fronts and street s~des of buildings ws~ble from the pubhc r~ght of way shall be non reflective and shall be of brick, stucco, hardy board, architectural grade stone, naturally ox~ d~z~ng steel and/or natural wood All other surfaces shall be non reflective Secondary budding materials may ~nclude cop per, brass, and wrousht ~ron m their natural state and exposed metal painted, stained or anodized c Glass Use of glass for d~splays and to allow v~sual access to ~ntenor space ~s permitted Large expanses of unbroken glass surfaces are d~scouraged d Metal Roofs Metal roofs are permitted prowded that they do not produce glare and that they are painted White, yellow, or sdver colors are prohibited 10 Additional Standards for Mult~ Family Developments Located w~th~n a Mapped Pedestrian Area Mult~ Famdy developments w~th~n mapped Pedestrian Areas shall, ~n addition to complying to the basic S~te Design Standards as outlined ~n 35 25 060 B 6,6 and 8 shall conform to the follow mg standards a At least 75% of the front yard frontage shall have buildings w~th~n 20 feet of the front property hne Stairs and porches can extend into the setback as long as they do not affect the build to hne b Buddings that are located within 30 feet of property hne adja- cent to a front yard shall have at least 40% of the ground story wall facing the street ~n w~ndow or door areas c Parking areas shall not be located between buildings and the street d Buildings shall be d~rectly accessed from the street and the sidewalk e Ground floor pedestrian entrances must be oriented toward the street C~ty of Denton Development Ordinance S~te Design Standards - Draft//5 Pate 22 May 19th 2000 Th~s example of a mult~-famdy development depicts many of the features de- smed ih a pedestr,an area Notice the prominent front entryways, the facade sh~ftslthat separate each unit, the street trees, and the lack of driveways 5ire Design Standards - Commentary and dlustrat~ons Page 23 f Ground floor pedestrian entrances shall be accompamed by a porch g Garages may occupy no more than 40% of the total budding frontage Th~s measurement does not apply to garages facing an alley or courtyard entrance Any garage may not extend beyond the house front Garages that are at least 30 feet behind the house front may exceed the 40% frontage m~mmum h The same extermr design may not be used for more than 10 umts ~n a project A variety of compatible exterior materials' use and type, building styles, massing, compos~bon, and prominent architectural features, such as door and window openings, porches, roofhnes, should be used C. Design Standards for "E" zones, affected areas of the "1" zone, and "C" zones other than those m a pedestrian zone. 1 On~bon and Scale a Braidings shall have their primary orientation toward the street rather than the parking area Pubhc s~dewalks shall be prowded adjacent to a pubhc street along the street frontage b Trash storage areas, mechamcal eqmpment, and s~mdar areas are not permitted to be v~s~ble from the street, or are permitted between the building and the street c Buddings that are open to the pubhc and are w~th~n 30 feet of the street shall have an entrance for pedestrians from the street to the budding mtermr Th~s entrance shall be designed to be at tractive and functional, be a d~sbnct~ve and prominent element of the architectural design, and shall be open to the pubhc dur ~ng all bus~ness hours d These reqmrements may be waived if the budding ~s not ac cessed by pedestrians, such as warehouses and industrial build ~ngs w~thout attached offices, and automobve service uses such as serwce stations and t~re stores 2 Streetscape a One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street b Landscaping shall be designed so that 80% coverage occurs af ter 5 years c Buddings adjacent to streets shall be buffered by landscaped ar eas at least :10 feet m width Outdoor storage areas shall be City of Denton Development Ordinance S~te Design Standards - DraR #5 Pa~,e 24 May 19th 2000 Typ~cc I wew of Apartment bes,gn that meet C These standards apply to the new "E" zone, which ~s s~mllar to office/ mst~tut,onal and hght manufacturing zone, the edges of ~ndustr~al areas, and the more auto oriented commercial areas, as well as Commercial Zones through- out the City Site bes,gn Standards - Commentary and dlustratlons Poge 25 screened from wew from adjacent pubhc r~ghts of way, except m "1" zones Loading facd~t~es shall be screened and buffered when adjacent to residentially zoned land and pubhc streets d Landscaping design shall ~nclude a variety of deciduous and ev ergreen trees and shrubs and flowering plant species well adapted to the local chmate e Ex~stmg healthy trees on the s~te of greater than 6" cahper DBH are incorporated into the reqmred landscaping of the s~te f Landscaped areas of at least 10 feet ~n width shall buffer budd ~ngs adjacent to streets 3 Parking a Parking areas shall be located behind buddings or on one or both s~des b Parking areas shall be shaded by large broadleaf canopied trees and shall be adequately screened and buffered from adjacent uses Trees shall be selected from the City of Denton Parking Lot and Street Tree List 4 Building Materials A variety of compatible exterior materials' use and type, budding styles, massing, composition, and prominent architectural features, such as door and w~ndow opemngs, porches, roofhnes, shall be used a Colors are not hm~ted, prowded they are not of day glo, lumlnes cent, ~ndescent, neon, or similar types W~ndows shall be pro wded w~th trim Windows shall not be flush with exterior wall treatment Windows shall be prowded with an architectural sur round at the jamb b Fronts and street s~des of buddings ws~ble from the pubhc right of way shall be non reflective and shall be of brink, stucco, deco rat~ve concrete block, hardy board, architectural grade stone, naturally oxidizing steel and/or natural wood All other surfaces shall be non reflective Secondary budding materials may ~n clude copper, brass, and wrought iron in their natural state and exposed metal painted, stained or anodized c Glass Use of glass for d~splays and to allow wsual access to ~n tenor space ~s permitted Large expanses of unbroken glass sur faces are d~scouraged d Metal Roofs Metal roofs are permitted prowded that they do not produce glare and that they are painted White, yellow, or silver C~ty of Denton Development Ordinance S~te Demgn Standards - Draft #5 Pa~,e 26 May 19th 2000 This commerclol development, while not in a pedestrian friendly area, has utilized many fe=tures of good pedestrian de- sign Parking has been move to the side of the building En- trances are oriented toward the street and sidewalk, and ~re prominent ~e~tures of the ~chltecture The budding height vorms throughout the development The front of the budding is close to the street, ond shede trees ore ~lso o prominent fe=ture Site Design 5tnndords - Commentary and dlustrat~ons Page 27 colors are prohibited D Development Standards for "C" zones ~n a mapped pedestrmn zone i Orientation and Scale a Buddings shall have their primary orientation toward the street rather than the parking area Th~s primary entrance must be readdy apparent as a prominent architectural com ponent b Any wall which ~s w~thm 30 feet of the mare street, plaza or other pubhc open space shall contain at least 50% of the wall area facing the street in d~splay areas, windows, or doorways Wmdowe must allow wews into working areas or lobbies, pe destr~an entrances or d~splay areas Walls facing s~de streets must contain at least 25% of the wall space m wmdowe, d~s play areas, or doors Blank walls w~thm 30 feet of the street are prohibited Up to 40% of the length of the budding pe r~meter can be exempted from th~s standard ~f oriented to ward loading or serwce area c Buddings shall ~ncorporate arcades, roofs, alcoves, porhcoes and awnings that protect pedestrians from the rain and sun d At least 60% of the street frontage shall have buddings w~thm 10 feet of the front property hne e Trash storage areas, mechamcal equipment, and s~mdar ar eas are not permitted to be ws~ble from the street, or are per m~tted between the budding and the street f Buddings that are open to the pubhc and are w~thm 30 feet of the street shall have an entrance for pedestrians from the street to the budding ~nter~or Th~s entrance shall be de s~gned to be attractive and functional, be a d~stmct~ve and prominent element of the architectural design, and shall be open to the pubhc dunng all business hours g Developments shall have a m~n~mum Floor Area Ratio of 4 Plazas and pedestrian areas shall count as floor area for the purpose of meehng the mlmmum floor area ratio h Budding frontages greater than 100 feet ~n length shall have offsets, jogs, or other d~st~nct~ve changes m the budding fa (;ade Buddings shall ~ncorporate hght~ng and changes ~n mass, sur face or flmsh to g~ve emphas~s to entrances Buddings shall incorporate arcades, roofs, alcoves, porhcoes and awnings that protect pedestrians from the ram and sun City of Denton Development Ordinance Site Design Standards - Draft #5 Pa~,e 28 May 19th 2000 This ~s o conceptual development that would m~t the standards - Auto oriented, but at- trachve, w~th land- scaping, and archi- tecture dom,hate from the street- scape There ~s con- nect~wty w~th adja- cent parcels, so peo- de don't have to use the after,al for short local tr~ps Some projects that meet th~s standard are on th~s page V,deo 5totes often occupy the front pads when a streetscape Is requmed $~te Design Standards - Commentary and dlustrat~ons Pa~e 29 2 Streetscape a One street tree chosen from the street tree hst shall be placed for each 30 feet of frontage for that portion of the development fronting the street b Hardscape (pawng material) shall be utd~zed to designate "people" areas Sample materials could be umt masonry, scored and colored concrete, grasscrete, or combinations of the above c A budding shall be setback not more than 20 feet from a pubhc s~dewalk unless the area is used for pedestrian act~wt~es such as plazas or outside eating areas Buddings adjacent to streets shall be buffered by landscaped areas at least 10 feet m w~dth d Outdoor storage areas shall be screened from v~ew from adja cent pubhc rights of way, except m "l" zones Loading facd~t~es shall be screened and buffered when adjacent to residentially zoned land d Landscaping design shall include a variety of deciduous and ev ergreen trees and shrubs and flowering plant species well adapted to the local chmate e Where feasible, ex~stmg healthy trees on the s~te of greater than 6" cahper DBH are incorporated into the required land scapmg of the s~te 3 Parking and On site Circulation a Parking areas shall be located behind buddings or on one or both sides b Parking areas shall be shaded by large broadleaf canopied trees and shall be adequately screened and buffered from adja cent uses Trees shall be selected from the C~ty of Denton Parking Lot and Street Tree L~st c Protected, raised walkways shall be installed through parking areas of 50 or more spaces or more than 100 feet in average width or depth d Parking lots w~th 50 spaces or more shall be d~wded ~nto sepa rate areas and divided by landscaped areas or walkways at least 10 feet in width, or by a budding or group of buddings e Use of permeable joint pavers, permeable concrete paver umts, grass block pavers, or s~mdar pavers are required when parking spaces exceed the city standard for quantity of parking spaces on a project, Pavers, the method of installat~on, the joint area, C~ty of Denton Development Ordinance Site Design Standards - DraR #5 PaRe 30 May 19th 2000 These bu,ld~ngs use en- trances facmg the street along with a greater num- ber of~ w,ndows to present themselves as part of the Main 5treat pedestrian envmonrnent Main 5treat standards are required ,n Community and Regional Centers and ,n the bowntown/Unwers~ty Core, and m any m mixed use zones that may be tabhshed elsewhere ~[t requires a good deal of pedestrian friendly design, such as ,s found on a trad~tmnal main street More budding front- age requmed on the street, more windows and doors on the front, andmany of the features found m a traditional mmn street or small town Large modern structures can be built to these standards, but they wdl create an environment that wdl encourage walking, and will be more compatible w~th nearby residential I,v,ng. 5,re Design 5tandards - Commentary and dlustratlons Page 31 and the percentage of void space ~n an open graded aggregate base must be no less than 40 percent perwous to water or 120 minutes per ~nch of absorption, whichever is greater absorp Bon f Developments of one acre or more must provide a pedestrmn c~rculat~on plan for the site Pedestrmn walkways shall be d~ rectly hnked to entrances and the internal circulation of the braiding g Connections shall be made when feasible to any streets adja cent to the property and to any pedestrian famhtles that con nect w~th the property 4 Buffering and Screemng a Landscape buffers and screemng shall be located between m compatible uses on an adjacent lot Those buffers can consist of e~ther plant materml or braiding matermls and must be com pat~ble w~th proposed braidings b Parking lots shall be buffered from the ma~n street, cross streets and screened from res~dentmlly zoned land c Buffering and screening will comply with Chapter XXX, "Buffering and Screemng Standards" 5 Lighting Lighting shall include adequate hghts so that pedestrian areas are ~llum~nated with at least one half foot candle of illumination L~ght may not directly illuminate property beyond the development, ex cept for the pubhc right of way 6 Braiding Materials A variety of compatible exterior matermls' use and type, braiding styles, massing, composition, and prominent architectural fea tures, such as door and w~ndow opemngs, porches, roofhnes, shall be used a colors are not limited, prowded they are not of day glo, luml nescent, ~r~descent, neon, or s~m~lar types Windows shall be prowded with tr~m W~ndows shall not be flush w~th exterior wall treatment W~ndows shall be prowded with an archltec tural surround at the jamb b Fronts and street sides of buildings ws~ble from the public right City of Denton Development Ordmance S~te Design Standards - Draf~ #5 Page 32 May 19th 2000 Examples of projects that meet the standards A smoll inexpensive commercial building A mixed use off,ce ond apart- built from concrete ment development Most residences converted ?o of- ~~ ~._ ~.~.~~.~ rices meet the standards This pew medical center ~ncludes a n~ce A newer m~xed use budding w~th tra- ditional Main 5treat appeal pedestrian area 51to Design Standards - Commentary and dlustrat,ons Page 33 of way shall be non reflective and shall be of brick, stucco, decorative concrete block, hardy board, architectural grade stone, naturally oxidizing steel and/or natural wood All other surfaces shall be non reflective Secondary braiding materials may ~nclude copper, brass, and wrought iron In their natural state and exposed metal painted, stained or anodized c Glass Use of glass for d~splays and to allow wsual access to interior space ~s permitted Large expanses of unbroken glass surfaces are d~scouraged Buddings may not ~ncorporate glass for more than 70% of the budding skin d Metal Roofs Metal roofs are permitted prowded that they do not produce glare and that they are painted White, yellow, or silver colors are prohibited e Buddings shall include changes in rehef such as columns, cot races, bases, fenestrahon, and fluted masonry, for at least 15% of the exterior wall area 7 Transit AmemBes Transit amemhes, bus shelters, pullouts and shall be required ~n accordance w~th the C~ty of Denton Transportahon Cr~term Man ual E.. Add~bonal Standards for Large Scale Developments Developments (1) ~nvolvlng a gross floor area ~n excess of 40,000 square feet, and (2) located ~n a Neighborhood, Commumty or Re g~onal M~xed Use Center D~strmts, or ~n the Downtown Umvers~ty Core D~strmt shall, ~n add~hon to comply~ngto the basra S~te Design Stan dards contained ~n paragraph (D), conform to the following standards 1 Or~entatmn and Scale a Developments shall d~wde large budding masses into heights and s~zes that relate to human scale by incorporat mg changes ~n budding mass or direction, sheltering roofs, a d~st~nct pattern of d~v~s~ons on surfaces, w~ndows, trees, and small scale hghtmg b No new buddings or contiguous groups of buddings shall exceed a combined contiguous budding length of 300 feet c All on s~te c~rculahon systems shall ~ncorporate a street scape, which includes curbs, s~dewalks, pedestrian scale C~B' of Danton Development Ordmance S~te Design Standards - Drat~ #5 Page 34 May 19th 2000 Conceptual mfdl that meet the standards, and an example of compatible budd- ings A copy store in Denton A hardware store on a mmn street, and a simple offtce braid- lng, New m~xed use buddings with the traditional Ma,n 5treat architecture S~te Design Standards - Commentary and ~llustratlons Page 35 light standards, and street trees 2 Pubhc Spaces a One square foot of plaza or pubhc space shall be required for every 10 square feet of gross floor area b Plazas or pubhc spaces shall incorporate at least 3 of the 5 following elements ~ S~tt~ng space - at least one s~ttmg space for each 250 square feet shall be ~ncluded m the plaza Seating shall be a mm~mum of 16 roches m height and 30 ~nches m w~dth Ledge benches shall have a mm~mum depth of 30 roches HA m~xture of areas that provide both sunhght and shade H~ Trees ~n proporhon to the space at a mm~mum of i tree per 800 square feet, at least 2 ~nches ~n (DBH) d~ameter at breast height when planted ~vWater features or pubhc art v Outdoor eating areas or food vendors 3 Transit Amen~hes Transit amen~hes, bus shelters, pullouts shall be required in ac cordance w~th the C~ty of Denton Transportation Criteria Manual F. ParkIng Lot Landscaping and Screening Standards All parking lots, which for purposes of th~s sechon, include areas of ve h~cle maneuvering, parking, and loading, shall be landscaped and screened as follows 1 Screening at Required Yards a Parking abutting a required landscaped front or exterior yard shall ~ncorporate a s~ght obscuring hedge screen into the re quoted landscaped yard b The screen shall grow to be at least 36 inches h~gher than the f~n~shed grade of the parking area, except for required v~s~on clearance areas c The screen height may be achieved by a combination of earth mounding and plant matermls, developed to the standards contained ~n Chapter XXX, "Screening and Buffering Stan dards" C~ty of Denton Development Ordinance Site Design Standards - Draft #5 Pa~e 36 May 19th 2000 The special standards m E are intended to address the larger scale mixed use projects, and the,r special challenges of scale and mass These standards apply to the ¢ommumty, P. eglonal, and Downtown M~xed Use Distr~cts Th~$ ~s an ~mportant section for multi-modal environ- ments This section standardizes common access and dr~ve- way and street spacing These are similar de- sign standards devel- oped by Peter Calt- horpe that would meet the proposed standards These are similar design standards developed by Peterl ¢althorpe that would meet the proposed standards 5Ire Design Standards - Commentary and illustrations Page 37 2 Screening Abutting Property Lines A screen developed to the standards contained m Chapter XXX, "Screemng and Buffering Standards" shall be reqmred when parking abuts a property hne Where a buffer between zones ~s reqmred, the screening shall be ~ncorporated into the reqmred buffer strip, and wdl not be an additional reqmrement 3 Landscape Standards a Parking lot landscaping shall consist of a minimum of 7% of the total parking area plus a ratio of 1 tree for each seven parking spaces to create a canopy effect b The tree species shall be an appropriate large canopmd shade tree and shall be selected from the C~ty of Denton Parking Lot and Street tree hst to avoid root damage to pave merit and ubht~es c The landscaped area shall be planted w~th shrubs and/or hv mg groundcover to assure 80% coverage w~th~n 5 years Landscaped areas shall be evenly distributed throughout the parking area and parking per~meter at the reqmred ratm 4 Residential Screemng Parking areas adjacent to res~dentml dwelhngs shall be set back at least 8 feet from the budding, and shall provide at least a 6 foot s~ght obscuring fence placed on the property hne, con structed of solid wood and/or masonry, with landscaping placed between the screemng fence and the use 5 Other Screemng Other screemng and buffering shall be provided as follows a Refuse Container Screen Refuse containers or d~sposal areas shall be screened from view by placement of a sohd wood fence or masonry wall from five to e~ght feet ~n height All ref use matermls shall be contained w~thm the refuse area b Serwce Corridor Screen When adjacent to res~dentml uses, commercml and ~ndustnal serwce corridors shall be screened S~tlng and design of such service areas shall re duce the adverse effects of no~se, odor and wsual clutter upon C~ty of Denton Development Ordinance S~te Design Standards - Draft #5 Pa~,e 38 May 19th 2000 Examples of Projects that meet the standards Downtown Denton build- rags meet the standards for the most part, but the standards enws,on ~ore street trees This redevelopment of a furniture store into a popular neighborhood grocery store,shows how a plain building can be made pedestrian frmndly and attractive with the correct entrances, pamt, and street trees Parking is across the street to the left Very h~gh b~ke and pedestrian use 5ire Design Standards - Commentary and dlustrat~ons Pa~e 39 adjacent residential uses c Light and Glare Screen Arhflclal hght~ng shall be so arranged and constructed as to not produce direct ~llummat~on on adja cent res~dentml properties G, Street Tree Standards All development fronting on pubhc or private streets shall be required to plant street trees in accordance with the following standards and chosen from the recommended hst of street trees adopted by the City of Denton I Locatmn for Street Trees Street trees shall be located behind the s~dewalk except in cases where there is a designated planting str~p in the right of way, or the sidewalk ~s greater than 8 feet w~de and designed to accept trees ~n tree wells Street trees shall include ~mgat~on, root barrmrs, and generally conform to the standard estabhshed by the C~ty of Denton Planning Department 2 Spacing, Placement, and Prumng of Street Trees All tree spacing may be made subject to special s~te cond~hons, whmh may, for reasons such as safety, affect the dec,sion Any such proposed special condition shall be subject to the Director of Plan rang and Development review and approval The placement, spac ~ng, and prumng of street trees shall be as follows a Street trees shall be placed at the rate of one tree for every 30 feet of street frontage b Trees shall not be planted closer than 25 feet from the curb hne of ~ntersect~ons of streets or alleys, and not closer than 10 feet from private driveways (measured at the back edge of the s~de walk), fire hydrants, or utlhty poles c Street trees shall not be planted closer than 20 feet to hght stan dards Except for public safety, no new hght standard location shall be positioned closer than 10 feet to any ex~st~ng street tree, and preferably such locations w~ll be at least 20 feet d~stant d Trees shall not be planted closer than 3 feet from the back of the curb except at ~ntersect~ons where ~t shall be 5 feet from the back of curb, m a curb return area e Where there are overhead power hnes, tree species are to be cho sen that w~ll not ~nterfere with those lines City of Denton Development Ordinance Site Design Standards - Draft #5 PaRe 40 May 19th 2000 The street tree section is intended to provide a consistent policy for the plant- ing of t~ees in and near streets The placement is controlled by the corridor type and the specific plans for the corridor Trees planted with proper set- backs enhance the pedestrian environment w,thout ~mpactlng the function of the roadway 5~dewalk cuts must be of sufficient size to promote tree health These are intended to ensure that trees do not become a safety hazard 5ire Design Standards - Commentary and dlustratlons Page 4! f Trees shall not be planted within 3 feet of any permanent hard surface, pawng or walkway Sidewalk cuts ~n concrete for trees shall be 10 square feet, however, larger variances shall be considered for p~pes and roots Larger cuts for roots are encouraged because they allow additional air and water into the root system and add to the health of the tree Space be tween the tree and hard surface may be covered by permeable non permanent hard surfaces such as grates, brinks on sand, or paver blocks g Trees, as they grow, shall be pruned to provide at least 8 vert~ cai feet of clearance above s~dewalks and 12 vertical feet of clearance above street and roadway surfaces The prumng and mmntenance of trees shall be in accordance w~th the Landscaping Cr~term Manual h Existing trees may be used as street trees if there will be no damage from the development which w~ll k~ll or weaken he tree S~dewalks of varmble width and elevatmn meeting the Texas Accesslblhty Standards may be utlhzed to save existing street trees, subject to approval by the Director of Planning and Development 3 Replacement of Street Trees Ex~st~ng street trees removed by development projects shall be replaced by the developer with those from the approved street tree hst The replacement trees shall be of the s~ze and specie similar to the original trees and subject to approval by the Direc tor of Planmng and Development City of Denton Development Ordinance S~te Design Standards - Dm~ #5 Pa~e 42 May 19th 2000 Site bes,gn Standards - Commentary and dlustrat~ons Page 43 35-25 070 Power to Amend Plans When approwng an apphcatlon for a s~te demgn and use, the heanng authority des- ignated by this ordinance may ~nclude any or all of the following conditions ~f the heanng authority finds ~t necessary to meet the intent and purpose and the criteria for approval of th~s ordinance A Require the value of the landscaping to be above two (2%) percent, but not greater than five (5%) percent of the total project costs as determined from the building permit valuation B Reqmre such modifications m the landscaping plan as will ensure proper screening and aesthetic appearance C Reqmre planbngs and ground cover to be predominant, not accessory, to other inorganic or dead orgamc ground cover D Require the retention of ex~stmg trees, rocks, water ponds or courses and other natural features E Require the modification or rewslon of the placement, demgn or remodehng of structures, s~gns, accessory buildings, etc, to be consistent w~th the Stan- dards F Require the type and placement or shielding of hghts for outdoor clrculabon and parking G Require new developments which produce more than 1,000 vehicle tnps per day to prowde traffic m~tlgabon by means of traffic mgnals, traffic controls and turmng ~slands, landscaping, or any other means necessary to insure the wabfllty, safety and mtegnty of the major street as a through corridor, based on the results of the Traffic Impact Assessment H Require pedestnan access, separate pedestnan accessways, s~dewalks and protecbon from rain in new developments Require developments to prowde access to improved C~ty of Denton streets and, where possible, prowde access to the lower order street rather than a major collector or arterial street 35-25.090 Site Use Standards A Access, Park;n.q and C~rculabon Standards 1 Controlled access Prior to d~ws~on of property ~n a commercial site rewew controlled ac- S~te Design Standards - Draft #5 Pave 44 May 19th 2000 XXX 070 These powers are delegated to the Director of Planning & Develop- ment Tl~ey both give explicit power to amend appl,catlons and limit that power to make moclifmatmns Th,s ,s important when delegating authority XXX 090 This section standardizes common access, driveway and street spac- ing Site Design Standards - Commentary and illustrations Page 45 cess standards shall be apphed and, ~f necessary, cross easements shall be reqmred so that access to all properties created by the subd~- WSlOn and adjacent properties can be made from one (1) or more points 2 Access points shall be limited ~n accordance with the City of Denton Transportation Cntena Manual 3 Pedestrian access All buildings shall prowde pedestnan access from the street to the budding frontage m at least one (1) location Such pedestrian access shall m~nlmlze conflicts w~th automobiles by such means as sidewalks 4 Access Reqmrements for Multi-family and Mixed Use Developments All mulb-famdy developments which wdl have automobde trip genera- bon in excess of two hundred fifty (250) vehicle tnps per day shall pro- wde at least two (2) driveway access points to the development except when a mulb-famlly development has sole access to an arterial street Trip generabon shall be determined by the methods estabhshed by the Institute of Transportation Engineers 35-25 100 Dr,ye-Through Uses Any estabhshment which by design, physical faclhtles, service, or by packing proce- dures encourages or permds customers to receive services, obtain goods, or be en- tertained while remaining in their motor vehicles Approvals of drive-through uses shall be subject to the following criteria 1 The apphcants must demonstrate that the average wa~t~ng bme ~n hne for each vehicle wdl not exceed five (5) minutes Fadure to maintain th~s average wa~tmg t~me may be grounds for revocation of the ap- proval 2 All facilities prowd~ng drive-up service shall prowde at least two (2) designated parking spaces immed~ately beyond the service window or provide other satisfactory methods to allow customers requiring exces- sive wmtlng t~me to receive service while parked 3 All dnve-up uses shall provide a means of egress for vehicular cus- tomers who w~sh to leave the waiting hne 4 The grade of the stacking area to the drive-up shall be within 5% of Cfly of Denton Development Ordinance S~te Destgn Standards - Draft #5 PaRe 46 May 19th 2000 Th~s ~s an ,mportant section for multi-modal environment Th~s p~events large mult,-farmly projects from developing off a dead-end dr~ve- way These standards were developed m o process that ~ncluded ,ndustry represen- tatives and represent what users of dr~ve-up uses consider respons,ble dr~ve- through standards Site Design Standards - Commentary and dlustratlons Page 47 level 5 Estabhshments hawng drive-ups shall pmwde stacking area in accor- dance with the C~ty of Denton Transportation Criteria Manual to ensure that pubhc right-of-way are not obstructed 6 The sound level of commumcabons systems shall not exceed fifty-five (55) decibels at the property line and shall otherwise comply with the City of Denton Municipal Code regarding sound levels 7 Drive Up uses for restaurant use are not permitted ~n the Downtown/ Umvers~ty area or any mapped pedestrian area 8 Menu boards shall be screened from pubhc wew 35-25 110 LIflht and Glare Performance Standards There shall be no direct ~llum~nabon of any residential zone from any other residential use, Commercial, Employment, or Industrial zone Artificial hght~ng shall be so ar- ranged and constructed as to not be d~rected ~n such a manner as will detenorate the view of the mght sky 35-25 120 Landscaping Maintenance A All landscaped areas must be ma~nta;ned ~n a weed-free condition B All landscaped areas reeqmmd by th~s Chapter must be maintained according to the approved landscaping plans C All landscaped areas ~n right of ways or within the 25 foot v~slblhty triangle shall be maintained so as not to create vlslb~hty problems Solid vegetation shall be 2 feet in height or less, and large shrubs or tree canopies are to be at least 8 feet above the ground 35-25 130 Goal Rewew Option A In the event an apphcant proposes a development that meets or exceeds the design objectives, where the ~nnovat~on doesn't lend to clear ~nterpretat~on of the standards detailed ~n 35-25 060, he or she has the option to address the de- sign criteria through a flexible discretionary process ut~hzmg the official "Goal Rewew Opbon" with the Planmng and Zomng Commission B If the apphcant chooses to ut~hze the Goal Rewew Opbon, he or she will forfeit the right to the clear and objective standards descnbed in th~s chapter, includ~ng any specified decision making t~mehnes C~ty of Denton Development Ordinance S~te Design Standards - Draft #5 PaRe 48 May 19th 2000 Th~s ~s the same as the current language used for cond,t~ons placed on projects regarding light and glare Th~s ~s~ similar and standard language for landscape mmntenance The Land- scape Cr,ter,a Manual will ,llustrate many of these requirements A smal,I but important sectmn, ~t allows the C~ty to take act,on through the zon- ing code enforcement prov,slons (relatively ~nexpens,ve) to ensure landscap,ng mmntenance and appearance is kept up m multi family and commercial projects Th~s option was prepared for alternative plans Whether ~t ~s landscape plan al- ternative to the standard ~n the pramm areas to innovative architecture and materials 5~te Design Standards - Commentary and dlustrat~ons Page C If the applicant chooses to utlhze the Goal Review Opbon the Planmng and Zomng Commission will allow the development to progress only after a pub- lic heanng where the Commission agrees by majority vote, that the project wdl be completed as described, and, D The project complies w~th all other reqmrements of this chapter, and, E The project comphes w~th the standards ~n secbon 35-25 060 A Landscaping and Tree Canopy Requirements, and, F When completed, the project wdl comply with the goals and objectives of 35- 25 130 G G The goals and objecbves which must be met, and by which the proposal wdl be judged are 1 Preserve Ex~stmfl Ne~,qhborhoods a Protect ex~st~ng trees and open space b Scale commercial activity to serve small market areas ~n ex, sting neighborhoods c Createwalkable environments 2 Assure Quahty Development that fits ~n wdh the character of Denton a New development must be of h~gh quahty b Ensure the preservatmn of trees c Architectural dlversdy ~s ~mportant in Denton d Ensure development to human scale e Braidings must fit w~th the streetscape of the s~te 3 Focus new development to act~wty centers to curb stnp development and urban sprawl a Implement Mixed use for act~vdy centers b Encourage Multl-famdy housing with proper use of open space c Encourage pedestrian onentabon of new developments d Promote developments that attract non-auto travel 4 Ensure that ~nfrastructure ~s capable of accommodatmfl development prior to the development occurnn,q a Ensure adequate pubhc faclht~es are available b Encourage redevelopment to take advantage of underut~hzed fa- cd,ties 5 Prowde h~,qh quality hous~n,q that ensures ~nd~wdual choice and ~s ac- cessible to all City of Denton Development Ordinance Site Design Standards - Draft #5 Paae 50 May 19th 2000 These goals match the pmnc~ples w,thm The Denton Plan and prowde for a bur- den of proof for both the development and for approval/den~al of the project should the project meet or not meet all of these goals 51re Design Standards - Commentary and ,llustratmns Page 5! b Encourage redevelopment ~n activity centers c A full range of housing types w~ll meet the demands and prefer- ences of Denton residents Ctty of Denton Development Ordmence Site Design Standards - Draft #5 Pac, e 52 May 19th 2000 Attachment C: Environmental Protection and Management Standards The Environmental Prote~on and Management Standards are intended as an overlay that applies cltyvade regardless of zomng The standards affect all properties that are undeveloped or that have a certain percentage of redevelopment proposed The revaew process is proposed to be the Staff Permit review, with the applicant providing dehneatlon of these areas as part of their apphcatlon Should they disagree with staff assessment of the propeIty's environmentally sensitive area dctenmnatlon or should they require permits outside the purview of the city (e g Corp of Engineers and EPA processes), It vail require additional evidence Again, a decision at the staff level can be appealed to the Planmag and Zomng Commission The categones used to designate environmentally sensitive areas (ESAs), and the protection tool proposed known as density transfers for residential uses are described below Implementing these standards for non-residential uses has not yet been resolved but may include a floor area ratio (FA~) transfer or other mechamsm to allesaate floor area losses on non-residential projects where significant environmental impacts exist EN¥~RONMENTAL PROTECTION CATEGORIES Physl0al environmental areas are divided into four distmcUve categories These categories are indicated on a map that vail be adopted along with the re~ulations The four areas also determm~ constraints to building and any land disturbing activity The categories are summa~zed as follows Ripnnan Areas: Lands Immediately adjacent to a stream are considered nparmn areas Thes0 are the highest priority areas for protecUon For streams that flow year round (drmnmg greater than one square mi]e), this area will be designated as all land within ]00 feet of the stream centerhne For ephemeral streams, or those that contmn water only during certain months (less than one square mile), the buffer vail narrow to 50 feet from the centerhne Area~ identified through the Army Co~p of Engineers 404 permit process are also included m this category Water Related Habitat: The vegntaUon and habitat near active waterways has much natural value These areas help retain Denton's character, provide needed habitat for animals specific to these kinds of environments, and these often-shaded areas help to prevent high temp0ratures that conmbute to poor mr and water quality These areas are important habitat areas, that extend beyond the nparmn area protection, and are oi~en floodplain or wetlands associated vath a river or stream These areas would have riparian area protection extended across the habitat area, beyond the 100-font buffer Areas identified through the Army Corp of En~neers 404 pernut process are also included in this category ~0 As m riparian areas, within these areas clearing of' natural vegetation shall be kept to a minimum No more than 10% w~tlun any individual parcel may be cleared Moreover, often there wall be some nutlgation reqmrements, such as replanting o£native species Undeveloped Floodplain. Land that lies within the 100-year floodplain and is currently undeveloped, will whenever possible remain m its current state S~mtlar to Riparian Areas, new development w~ll be prolub~ted However, these could be locations for parks, roads, paths etc, and if the floodplains are not npanarb could even be used as parking lots or storage areas Filling of these undeveloped floodplains would be protublted, this will retain the floodplain's natural flood storage capacity Withm these areas, generally no new development w~ll be allowed Exceptions would be when a parcel falls completely within the protection area, or for pubh¢ items like paths, roads and utilities In addition, m these areas, a natural treed vegetated buffer would be required to be maintained On larger lots, up to 10% of the buffer may be disturbed for private yard features such as storage sheds, gardens, trmls, clearings, and the like Upland Habatat Not related to any waterways, Denton has areas that contmn healthy stands of native plants Among these are many unique stands of trees, associated with ~mportant local ecological habitats These stands of trees are important to Denton Many of these ~mportant habitats have been destroyed through the years and are unrecoverable They serve many ot'the same functions as the water related habitat, but would have a 50% tree canopy habitat conservation standard Clustering of' development m these areas would be reqmred Clear and objective criteria will be established for perrmssible impacts to be determmed during an environmental impact rewew DENSITY TRANSFERS Density transfers are an effective tool for ensuring new developments protect environmental features and preserve private property rights The code includes a density transfer to be given by right for all land that is protected under tlus section of' the development code Some communities do not extend this provision to land that is "obviously" unbutldable, such as wetlands Experience has shown however, that v~th greater incentive to transfer density, the ESAs fare better Because the ESA is an overlay to the zoning, transfers of density are at a rate of' the underlying zomng and must not exceed any of the code criteria for transfers The code specifies the following cnterm for density transfers · Transfers from unbmldable areas to bmldable areas ora site · Designated FEIvlA floodways may not count toward density transfers · Density can not transfer from one ownership to another · Density may only transfer w~thm the lots under the same ownership · Density may not exceed twice that allowed In the tmderlying zomng (e g - 10 gross acres w~th 50% or 5 acres m undevelopable ESAs, underlying zomng ~s 3 umts an acre, · the net bufidable s~te, minus ESAs may not contmn more than 6 umts an acre or a mayamum total of 30 umts on the developable s~te area ) Note that flus maxamum density ~s the same as would have been allowed had fill or excavation destroyed these ESA · The undevelopable ESA must be placed m a separate lot(s), e~ther dedicated to the city, a non-profit land trust or conservatxon easement Tlus undeveloped ESA may never be developed ELI F P OVISIONS In any ease, the construction of one single-family home Is allowed at the rate of one home for every 2 acres or the underlying zomng, wluchever is the lower density Location of structures is controlled by construction only in the least sens~tive area of the lot hawng the smallest amount of intrusion Into the ESA Agenda Item /~,/,~'~', ~5- Date O'*-/,~,,~/Z~. AGENDA ~FO~ATION SHEET / ' AGENDA DATE May 23, 2000 DEPARTMENT Economic Development ACM Dave Hill, Development Serwces SUBJECT Receive a report, hold a d~scuss~on, and g~ve staff d~rect~on regarding proposed development of mineral rights located on the Denton Mtmm~pal Atrport BACKGROUND M~tchell Energy Corporation, Decatur, Texas, has located a formanon of natural gas approximately 10,000 feet below the surface and beheves th~s formation ~s present under the southwestern part of Denton County Mr James D~xon, M~tchell Energy, has approached A~rport Staff and requested that the C~ty of Denton consider entenng ~nto an agreement to sell the natural gas rights to M~tehell Energy M~tchell Energy has entered ~nto a s~rmlar agreement w~th the Cole Trust to develop mmeral rights on Cole property south and west of the A~rport Prehmmary research by A~rport Staff concludes that th~s operation will not v~olate any local zomng restrictions or any Federal Awat~on Adm~mstratmn (FAA) regulations A formal proposal will need to be subrmtted to the FAA so that they may study and recommend safety reqmmments for the temporary dnlhng eqmpment and the permanent s~te To reduce the ~mpact that dnlhng act~wt~es would have on mrport operations, M~tchell Energy ~s proposing to use horizontal dnlhng Th~s techmque would greatly reduce the number of wells necessary to extract the product Traditional, vertmal, dnlhng reqmres one wellhead per fifty (50) acres, whereas the proposed horizontal dnlhng wall reqmre five (5) wellheads for approximately 450 acres Prehm~nary rewew of the proposed well s~tes mdmates the permanent wellheads would not undermine the safety of mrport operanons nor would the structures reduce the overall effimency of the mrport master plan However, the eqmpment necessary to drdl the wells could create a fhght safety hazard as the dnlhng rigs would be approximately 150 to 180 feet tall The drfihng rigs would be approprmtely marked for daytime operations and could also be lowered at mght to reduce the ~mpact on fl~ght safety Agmn, the FAA would need to review and approve any proposal M~tchell Energy wall reqmre a parcel of property 300 feet by 700 feet, approximately five (5) acres, to be avmlable throughout the term of the contract Th~s wall be used for staging eqmpment during the dnlhng process and during normal routine mmntenance of the wells The pump pad would be located In the m~ddle of th~s parcel and measure ten (10) feet by ten (10) feet The wellhead would be slx (6) feet by s~x (6) feet wtth an approximate hmght of four (4) 1 feet The five (5) acre parcel would be leased in addition to the separate contract for the mineral rights Staff is requesting Council's dlrectaon If it is determined that mineral extraction will be beneficial to the overall operation of the Airport and C~ty, Staff would begin formal negotiations on a long-term agreement with Mitchell Energy to develop potentml mineral rights on Airport property Staff would then return to Counml at a later date with a finalized agreement for consideration ESTIMATED SCHEDULE OF PROJECT Mitchell Energy would be required to drill one well every eighteen (18) months until all five (5) of the proposed wells have been drilled The t~mehne would begin one week after the approval of the agreement, prowded the FAA study has been returned PRIOR ACTION/REVIEW The C~ty Attorney's Office has mwewed and approved this draft agreement A~rport Adwsory Board and Staff recommend the approval of the entenng into this agreement FISCAL INFORMATION M~tchell Energy has ~mtlally offered a one-time payment of $50 00 per acre for the right to develop Airport mineral rights, to be pa~d at the time each well is drilled - a potential revenue of $22,500 In addition, the City would receive three-sixteenths (3/16) of the royalties on the production of the wells Mitchell Energy is estimating the City's 3/16 royalties would average $50,000 and could be as high as $80,000 per year for the 20-year hfe of the wells Over the 20- year life of the wells, the City could see revenues between $1 mllhon and $1 6 mllhon EXHIBITS Draft Agreement S~te Map Respectfully submitted Llnda Rathff, D~rector - ~7 Economm Development Department Prepared by Mark Nelson A~rport Manager 2 OIL, GAS AND MINERAL LEASE THIS AGREEMENT made this day of , between whose address is , as Lessor (whether one or more) and MITCHELL ENERGY CORPORATION whose address ts P O Box 118 Decatur Texas 76234 as Lessee WITNESSETH Lessor in cons~derabon of Ten and 00/100 Dollars ($10 00) in hand paid of the royaraes herein provided and of the agreements of Lessee herein contained and subject to t~e Uraitations of paragraph 14 hereof hereby grants leases and ~ats exclusively unto Lessee for the purpose oflnvesflgaflng exploflng prospecang ddliing and mining for and producing ail gas and all other minerals produced in association therewtih c, ondu~ng exploration geologic and geophysisai surveys by seismograph, core test, grayly and magnetic methods Injecting gas, water and other fluids into subsurface strata laying pipailnes building roads tanks telephone lines and other structures thereon, to produce save take care of treat, transport, and own said products, the failovang descebed land in DENTON CQUNTY TEXAS, towd' 2 SubJect to the other provisions herein contained this lease shall be for a term of .-- from this date (called pflrnaP/ term') and a~ long thereafter as oil or gas or other m~nerais rs produced from said land or land vath which said land is pooled hereunder 3 As royalty Lessee covenants end agrees (a} To deliver to the credit of Lessor In the p~pailnes to which Lessee may connect its wells, the equal 3/16ths part of all oli produced and saved by Lessee from said land or from flme to f~me at the option of Lessee to pay Lessor the markat value of such 3/16the part of such ei~ at the mis as of the day it is run to the p~peiine or storage tanks, Lassom Interest, In either case to bear 3/16the of the cost of treating such oil to render it markatable I~peline od (b) to pay Lessor for gas and ceslngheed gas produced from said land (1) when sold by Lasses, 3/16the of the amount malted by Lessee. computed at the mouth of the w~, or (2) when used by Lessee off said land or In the manufacture of gasoline or other products, 3/16the of the amount realteed from the sale of gasoline or other products extracted therefrom and 3/laths of the amount reatized from the sale of residue gas after dedu~ng the amount used for plant fuel and/or compresalon (c) to pay Lessor on alt other minerals mined and marketed or utii~ed by Lessee from sa~d land, 3/16the part either In kind or value at the wcil or mine at Lessee s aieciton If. at the explraben of the pnmaly term or at any time or times thereafter there ~s any wail on said land or on lands with which sa~d land or any po~on thereof has been paoled, cepaMe of producing oil or gas and ail such wells am chut-in then ~, and only # chuHn roya~as are pad as provrded below this lease shall continue in rome as though operations were being conducted on said land for so long as said wells are shut~n and therealter th~ lease may be continued In force as ¢' no chutqn had oceurred Lesase covenants and agrees to use reasonable diligence to produce, ~l~e, or markst the m[nereb capable of being produced from sa~d wells, but ~n the exem~se of such diligence, Lessee shall not pa redu~red to ~nsteU or furnish tecl~es other than wall facilises and ordinary lease facil~es of itow ilne~ separatom, and lease tanks andshailnotberequ~redtoaet~elabortroubteortomarkatgasupon unraasonableterms [f ataeytimeaftertheexp[raflonofthe p~mary term, all such WOES are shut in for a pencd of nlnaty consecutive days and during such time there are no operations on said ~and, or lands pooled therewith then at or before the exp~reben cf sad ninety day panod Lasase shall pay or tender, by check or draft ofLeasea asroyal[y, asumequaitoonedoilar($1 00)foreechaoraofisndthencoveredheredy Leaseechaiimakel~kepaymente or tondem at or before the end of each anniversary of the expiration of said ninety day periods if upon such anniversary this lease is being continued ~n force soisly by m~son of the provisions of this paragraph Each such payment or tonpar shell pa mede to the parkse who at the ~me of payment would be anted to receNe the reya~as which would be paid under th~s isaac ~f the wells were producing a~d may be deposited [n the _ Bank at or [ts euccessom whiohshcilcontinueasthedepc~atone~ regardlessatchangealntheownemhlpatshut In reyalty If at any time the Lsssee pays or tenders shut~n royalty two or mom parbas am or claim to be, entlited to receive same Lo.cee may m ileu of any other method of payment hereto provided, pay or tender shut in reya~ in the manner above apacn~ed either jctntJy to such parties or separately to each in accordance w~th their respanfive ownemh[pa thereof as Lessee may elect. Any payment hereunder may be made by check or dreft of Lessee deposed [n the mall or daiNered to the party ended to recerve payment or to a depositoly bank provided for above on or before the last date for payment, Nath~ng hereto shall impair Lessee sitght to release as provided [n paragraph 4 hereof In the event of asslgnmant of th~ lease In whole or in part ilabilEy for payment of shut in roya~as hereunder shall rest exclusively on the then owners ef this lease, severally ss to anraags owned by each 4 if at the expiration of the primely term oil or gas is not being produced on said land. or from the land pooled therewith but Lessee ~s then engaged in drilling or reworldng obemitons thereon, or shall have completed a dry hole thereon vathln 80 days prior to the end of the pnmary term, t~us lease shall remain in force so long as oporatlons on ~d well or for dnilmg or reworldng of any edditJonal well are conducted with no cessaifon of more than 60 oonsecu~ve days and if they result in the production of oil or gas so long thereeitera~oilergasisproducedfromsaidlsod, orfromlandpooledtherawith if aftertheexplraitonoftheprimerytermofthistease and after o~ or gas is produced from said land, or from land pooled therewith the production thereof should cease from any cause th~s lease chall not terminate if Lessee restores produ~on or commences operations for drilling or reworking within B0 days after the cessation of such production but ch~ remain in force and effect so long as such oparaifons are prosecuted with no co.salton at more than 60 consecutve days and if they result In the produc~on of o~ or gas so long thereafter as oil or gas is produced from said land or from land pooled there.'~th Lessee may at any brae exsoute and dci~ver to Lassor or place of record a reissue or rsteases covechg any pa~on or porEsns of the above described premises and thereby surrender this lease as to such po~on or pomona and be raiisved of all obilgahons aa to the eerasge surrendered 5 Lessee shall have the nght at any flme duitng, or w~thln six months after the expiration of this lease to remove all property and f=tures placed by Lessee on said isnd including the fight to draw and remove ell casing When redulred by Lessor L~see will bu~/ all plpaiine~ below ordinary plow depth, and no wail shall be dnlled w~thm two hundred (200) feet of any reaidence or barn now on said land w~out Lessor's consent. 6 The prowsions hereof shall extend to the helm, successors and assigns of isasor and lessee but no change or d~vlalon in ownership of the tend or reyalEs~ however accomplished shell operate to enlarge the obilgaitone or dlrnlnish the itghta of Lessee and no change or d~wsmn in such ownership shall be binding on L~see until thirty (30} days after Lessee shall have been furnished by reg.'toted U S Mall at Lessee s principa place of beane~ with a certified copy of recorded instrument or instruments evidencing same In the event of assignment hereof in whole or In pa~. llabdKy for breach of any obl~gaben hereunder shall r~t exclusively upon the owner of th~s lease or of a pori~on thereof who commits such breach If aix or more parbes become entitled to royalty hereunder Lessee may w~hold payment thereof unless and until furnished with a recorpable [nsfrumeat executed by all such pa~es de~gnating an agent to receive payment for all 7 If after the e~ir~on of the pnmary term Lessor cons[pare that operations are not at any time being conducted in compliance ~ this ~e. Lo.or shall no~y Lessee In va~ng of the facts reled upon as consatu~ng a breach hereof, and Lasses, it in datauti, cheil have stx[y (60) days after receipt of such notice in whish to commence the compliance wtth the obligations imposed by 'artue of th~s instrument, 8 Lessee at its opiton may discharge any tax, mortgage or other ilsn upon sad land, e~her in whole or in part, and in event Leases does so, it shall be aubrogated to such lien with nght to enforce same and apply royar~as accruing hereunder toward satisfying same if =agrasd that Ifthis isase covers a lass Interest in the oil er gas In all or any part of said land than the entire and undr~ided fee ample estate (whether Lassor'a interest Is herein specked or not), or no interest therein, then the raya~as on such oll or gas, and other monies accruing from any pert as to which this lease corem [ess than such full interest shall be paid only in the pmporbon whtch the 4 Jhtersstther~n Eeny covered bythis lease, bearsto thewhola and und~ded foes~mple estatather~n Afiroysityinterest covered by this laase (whst;ler or not owced by Lessor) shall be pa~d out of the royalty heroin pro~aded Shoula any one or mom A the parbss named above as Lesedrs fail to execute this lea~e, ~ shall nevertheless bo binding upon the party or pa~es executing the same g Should Lessee be prevented from complying w~ any express or implied covenant of this lease from conducbng d/liling or reworkJng operetiens thereon or from producing any eli or gas therefrom by reason of secrecy of or Inability to obtain or to use equipment or matedsl, or by opareiton of force majeure and Federal or State law or any order, rule or regulation of governmental authority, then whirs es prevented, Lessee's ob~ga~on to comply w~ such covenant shall pa suspended, and Levee shall not be liable in damegss for fallurs to comp~ therevath and this lease shall pa astended while and so long as Leases is prevented by any such cause from conducing dr~ng or reworpJng oparafions on or from producing eli or gas from the lease premises and the time while Lessee is en prevented shall not be counted against Lessee, anything tn this lease to the cont~a~/notwithstanding 10 Lessee agrees, that within n~nsty (90) days from completion of any operations on any pORtiOn of the leased promises to restorethesurlaceofaschpadionofthelesesdpremlaes to~mongmalcendisonasneariyasreasonablypo~s4ble InaddgJon Lasene agrees to pay to Lessor the sum of $1,000 00 for any and all surface damages, for each time a Odlitng Pad is utilized for d~lhn9 promptly after they occur 11 Lessee may not use any surface or subsurface water w~hout Lessor'a consent* 12 Noti~ti~stand~ng any~lng contained herein to the contra~/there vrp be no pooling of th~s lease without the prior expreSs wtitren consent of Lessor 13 (a) Nstwi~stend[nganythlngcontsinedherain to the contrary if Lessee m engagedln the aotuaid~liling of awA on thelands covered by thru tease or on lands pooled therewith at the end of the Primary Term or ~ w~ln 60 days pnor to the end of the Prima~y Term Lessee has complsted Or abandoned a ~ on the isnbs covered by this [ease or on lands pooled therewith this lease wtll roman in force for so tong as dnlitng operations are conducted on a continuous baas For the purposes of thrs Section drping operations ~ be conaldereq to be conducted on the lands covered by this lease, or on lands pooled therewflh on a continuous basis for so tong as no more than 180 days elapse between the complefion or abandonment of one well and the commencement of actual drilling operations on the next wA (and so long as A we~wh~ch am commenced are dit!ted, and completed and/or abandoned, dihgenby and without unmasenable delay} (b) Upon the ex,ration of the pnma~ term or the cessation of said continuous dcihng oparaboas whichever is the later date operations on or pmdu~on from this [ease will maintain this lease in fome only as to the following (t) W'~ regarp to each pooled un~ established on which there m ~ocatsd a well (whether such well is on the lands covered by this lease or on other lands includsd in such un~) which Is then precluding oil and/or gas in paying quant~den or capable of producing ~n paying quan~es but shut-in lasses shall retain all depths from the surface down to a depth which hi the strabgraphto equivalent of a depth of 50 feet below the total depth dn]leq in such we~ underlying that posen of the lands covered by this lease and Included In such unit; (~) W~ regard to each well located on the lands covered by this lease and not w~htn a pooled unit. which wAllis then producing In paytng cluantiflas or capable of producing In paying quan~es but shut-th Lessee shall retain all depths from the surface down to a depth which is the atretigraphie equivalent of a depth of 50 feet below the total depth drped In such wA underlying a tract composed of forty (40) acres and ell0 The acreage associated with each Dnlling Pad (defined herblnbaiow) on which them am then operations or production (o) Each separate porfien (a separate portion being the posen atthbutable in accordance with Subsections (I) and (il) above to a pa~dcular wA) of the Leased Promises as which the lease remains tn tome pursuant to this Section 13 shall be hereinafter referred to a~ a 'Perpatoated Tract' Lessee shall tre for record in Denton County Texas on or before a date which is nmaty (90) days after the end of the Pdma~ Term or the end of continuous dh[ling as here~nabove defined Whisbever be the later date a raleese of the lands and dept~s as to whish th~ lease has terminated pursuant to this Section 13 which release shall con~n a description (including depth limrla'~o ns) of each Perpetuated Tract; the parties recognise that the tr~ng of such release is a m~n~tertol matter and that, though Lessee is ob~gste~ to fila such release the terminafion provided for above shall occur and be valid regardless of whether such rblease is tiled In the event that Lessee shall frp to prepare and ~e the release provut ed for above w~[n the time provided for above, Lessor sheU have the right to file such instrument. From and after the date on wblch the termination contemplated in this SeXton occurs it shaft be considered that each Perpetuated Tro~ct ~ subject to a separate lease on the terms and prowedons contained in this tease so that preduAon and/or cparobena on one Perpetuated Tract w~l not maintain this lease in force as to any ether Perpetuated Tract. Nothing In this section shall be construed es causing this lease to be maintained in force E this lease would not have been maintained in force bylts terms and prov~ona the purpose of this tre~on being to prowde for the termination of this lease as to certain lands and depths covered by thru lease as to which in the absence of this Semen this lease m~ght be maintained in force under its other terms and prov~ons Notwithstanding anything herein which appears to the contrary Levee shall have the conshu~ng duty to develop and explore the Perpetuated Tracts aa weald a prudent operator and the conshurng nght to use the subsurface of the lands which terminated pumuant to the terms of this Secbon for the purpose of opersitng maintsln[ng and developing the Perpetuated Tracts 14 (a) Attached hereto as F_~ _ is a I~st daslgnabng the location of five (5) acre tracts (Drilling Fads) located on thalandscovereqbyUflsluses LeeseemayusethesurfeceofeachsuchDrplngPadford/lliing recompl~ng reworidng producing, and A other operations and a~v~es relating to drilling producing and markebng produ~on from ell and/or gas was located on such Drilling Pad Such plat alan designates easement stnps Lassos may use for Ingress end egraus to each Drtlllng Pad (including for Iooashg plpallnas to fransbort pmdu~on from wells on such Drping Pad) (b) Leges egress that no mom then two (2) acr~ of each Dfilling Pad vail be used for the normal daily pmduc'dsn operations However ]tisunderstoodandagresd, thatifatenytime whetherbsforeor afterthe pa~alterralnation proviaon prev}dedforln Section 13 takes effect, addisonal drilling operations, or any other operations which are not normal daily produ~on oparabona are necessary or dsarable in Lesses's sole discretion on a Dnlllng Pad, Lessee shall be snttded fo use of the entire five (5) acre Drilling Pad (c) Except for the D~ng Pads and the de~gnsted easement st~ps for Ingrs~s and egress thereto, all of which are designated on the plat atteched es Exhibit '_ the surface of the other lands covered by thru lease shall not be used by Lessen for any reason vathout Leesofe consent even though Lessee may claim tights of use through other pst'dss (d) Subject to Sec/don 13, Levee retains full nghts under this Lease (i) to explore the leased lands and (Il) to d/dl or othen~nse operate under, and produce from any pomona of the subsurface of the leased lands as to which this lease remains in fome from wails tocerad on the surface tocait one of the Ddlllng Peds No provision hereof shall restitct Lessee s tight to locate wails on lands pooled with the leased lands (e) Lessor, its successors and asa[gna agree as to the Dnlling Fads and Easement strips shown on Exhllat -- that no homes or other structures will be built thereon, and that no acted es wli bo condusted on the leased lands which might interfere wsh Lessce's rights hereunder (t~ The parpes hereto recognize that Exh[bE _ as attached hereto is a prellm[na~y plat and that, though it depicts the ~ntsnded isca~or.s of the Dr~ng Pads and de~gnated easement stnps a more definitive survey is deesabla Wghin 120 days following execution of this lease the Drilling Pads, and deaignsted easement stops will be suweysd (by Lessee at Lessee s expense) by a registered public surveyor and a copy the surveyor's plat and tiaid notes ~ll be pro~ded to Lessor No oparabone by Lessee shaft enmmenceunb]Lesesrhasravlawedaedapproved theplateaed§eldnotes andLesenehasprovidedLessorwithanexecutedlense amendment substituting an appropriate Exhibit -- Incorporashg such plats and tield notes for Exhibit'__ attached hereto and an executed recordabla memorandum which shows all such information and Indicates Lsssee's surface use is resthuted to such Drping padsanddesignsteqeacementstr[pa Atauchitmees Leaseebeg[nsperformingnormaldallyprodu~onoparaitons L~eesbell eblaJn (st Lessees e~ense) a similar survey of the 2 acres referenced tn paragraph 14(b) above and provide it (and a similar executed recordable memorandum) to Lessor 15 The Lessor and Lessee agree to withhold thru lease from record, however, this Lease will be tdent~eq In a Memorandum of eli, Gas and Mineral Lease that is being executed contemporaneously herew~h and will be tred in the Denton count~ records 18 L~ese egress to Indsmn!fy and hdid Lessor (for the purpuses of the Secbon below the term Lessor shall indiude enY parsons or en~es owned or controlieq by or affiliated with Lessor) the directors officers, partners employees and agents of Lemmr and/or such persons or en~ss harmless from and against, and reimburse Lesenr with respect to any and all claims losses, damages liabll~es, actions or causes of a~on Judgments, penalties ~ and e~panses (Inc~ed~ng attomey~ fee~ and court costs) of any kind or character covered hereby Such Inbemnification shall app{y to eeoh inpemn~ed party regardless of whether the subJect of the Indemnriioabon arises in whale or in pert out of the negligence of the Indemn~[ed pe~ however, such indemnity shall not apply to the extent that the subject of the indemn~oaiton anses aniely out of the gross negligence or willful misconduct of the indemnified party 17 Should Lessee receive any compenea'aon (direct or indirect) that ~s attributable to produciton from the leased premises i~lclu~ng without ,mitaiton, any con~lder~on received (A) in the form of take-or pay or similar peymants (B) in estit emant of e take-or pay Esbllity under a production sales agreement, of (C) In payment for a buyout (in whole or in part) or buydown (In whole or In pe~t) of spredualioneslesagreemest, or(D)ponusesorpremiums LeseorshalibeenWedto~sroyaityshareofsuchcompeessf~on Royalty payments hereunder shall be free of all pre-predu~on production and post production charges costs and expenses other than as specifically provided In Seo~on 3 t8 This leese le made w~thout represantafaan or warrenty of any kind (including wffhout any warranty of We) express implied or cthelv,~e f~l~er or d~epese of all or any po~on of its rights, Wes or interests under or ral~ng to this lease wthout first securing the eases where Leesee wishes to mortgage ~ Interests or to transfer We to its interests to its mortgagee in lieu of or pursuant to foreclosure of a mortgage of Its interests or to dispose of its interests by merger, reorganization consolidaiton or by sale of all or eubatanita~ M of Es Oli and Ges assets to any party, or by transfer of its Interests to a subs~d~aly or parent company or to a subsidiary provided that notwlit~tandlng any assignment hereof by Lessee or any succe~or or assign of Lessee the assigning perty shall con,hue to be responalble for Leesee's obllgabons hereunder (along wffh the party recer~ng such assignment), unless such assignment ~s e~ consented to by Lesanr and Lessor e~pmss~y relieves such assigning party from some or all obligations In which case Lessee shall, as to obliga'~ons for which It Is expressly relieved thereafter be responsible only for obligations which arise out of operal~ons or 19 Notwithstanding anything In this lease which m~ght appear to the contra~ this lease covers only oli gas and substances therewith) no other minerals or subetencee are covered hereby pipeline meets with Le~es s approval and specli~'aons and is at Lesso~e full coat and expense Addlbonaliy Lessor agrees to assu me any and al~ I[ablJity arialng from the m-location of any of Lessess pipelines when such relocation was so requested by Lessor righL However, it Is unrieratood and agreed that Ifa well is shut In at Leesee's sale election the nght to maintain the lease by shut in forwhishshut-lnpeyrnentswereublizedesamesneofmalntanance Ifawelhsshut-inforreaecnsbeyondthecontrolofLessee the I~mlteitons imposed in this paragraph shall be Inapplica~e iN WITNESS WHEREOF, this instrument is executed on the date tirst above wnttan STATE OF TEXAS § COUNTY OF DENTON § This Insfrtzment was ac~owiedged before me this the day of. by NOTARY PUBLIC STATE OF TEXAS SITE MAP / Proposed well sltes~l AGENDA INFORMATION SHEET AGENDA DATE' May 23, 2000 DEPARTMENT: Utllaty Admamstrataon ACM: Howard Martan, Assastant C~ty Manager/Utllataes ~ SUBJECT Receave a report, hold a discussaon, and gave staff darect~on concermng the placement of a 200-foot buoy proteetaon bamer for the Caty of Denton's raw water retake located on Lake Lewasvalle BACKGROUND In the Caty Couneal Backup dated May 12, 2000, a Memorandum responding to Mr Ed Soph's concerns regarding potantaal Methyl Tertiary Butyl Ether (MTBE) contamanataon at Lake Lew~svalle was included an the C~ty Council Packets (See Attachment #1 ) As discussed an that Memorandum, the C~ty had arranged w~th both the Texas Natural Resources Conservation Commassaon (TNRCC) and the U S Army Corps of Engineers (Corps) to enforce a 200-foot barrier around the City's ~ntake at Lake Lewxsvalle Because of unusually low lake levels, this barrier wall effectively close the cove to boat traffic Though the details of the closang had not been finahzed nor a press release arranged, the Fort Worth Star Telegram's enwronmental reporter notafied staff that a story about the cove closang would run an the May 16th editaon of the paper Staff ~mmedmtely researched affected property owners (see Attachment #2) and hand-dehvered letters to the five local property owners on May 15th Owners hwng out of town or out of state receaved a letter wa mai1 (See Attachment #3 ) Three of the five local property owners available when the letters were dehvered supported the C~ty's efforts to protect ~ts water supply Tuesday mormng, May 16th, Channel 4, soon followed by Channels 5 and 8, requested interviews w~th the Caty regardmg the cove closing Radio and pnnted media also covered the story (Please see a list of the media coverage (Attachment #4) and copaes of the newspaper artacles (Attachment #5) A wdeo of the telews~on coverage wall be available for viewing at the May 23ra Caty Councal Meetang ) Staff dad not receive any negative phone calls eoncemang the press coverage of the cove closing The buoy system wall be anchored on the shore closest to the C~ty's ~ntake and extend 200 feet past the Caty's lower ~ntake, to wathm about l0 feet of the opposate shoreline Each buoy is a large, orange ball and will be connected to the next buoy by cable The cable will be covered with large yellow PVC pipe, presenting a solid bamer across the water Staff believes that this system wall be eas~er for boats to see, reducing the potential for boating accidents Water Utlhtles has extended ars contract with the Umverslty of North Texas to continue sampling water quality at Lake Lewlsvllle and partacularly at the City's intake Assuming motorboats do not slip around the buoy system, Staff beheves that the level of MTBE detected in the cove this Memorial Day weekend will be noticeably lower than the MTBE levels detected last year when boats were permitted to raf~ together in the cove Pending Council's consensus on the proposed action, a press release will be issued and the buoy system will be constructed to comply with the TNRCC 200 foot requirement ESTIMATED SCHEDULE OF PROJECT Buoys will be placed across the cove before Memorial Day weekend PRIOR ACTION/REVIEW Staff provzded City Council w~th background mformatlon in a Memorandum dated May 12, 2000 (See Attachment #1 ) FISCAL INFORMATION The cost of the buoy system is approximately $16,800 (This cost is for materials only Utility staff will install the buoy system ) Respect lly submitted Envlrhlll~fftal Comphance Manager Attachment 1 May 12, 2000, City Council Memorandum Attachment 2 List of Affected Property Owners Attachment 3 Letter to Affected Property Owners Attachment 4 List of Media Coverage for May 16, 2000 Attachment 5 Cop~es of Related News Articles Exhlb~tI V~deoofTelevls~oncoverage fromMay 16,2000, wfll be avaflable for v~ewmg at the May 23, 2000, Caty Council Meeting Utility Administration*215 E McKmney Street*Denton, Texas, 76201 Telephone (940) 349-8230eFAX (940) 349-8120 MEMORANDUM TO MAYOR AND MEMBERS OF THE CITY COUNCIL FROM Juhe Smith, Environmental Compliance Manager DATE 12 May 2000 SUBJECT Party Cove Closing on Lake Lewlsvflle At the April 18, 2000, City Council meeting, Ed Soph presented a cmzen's report concerning potential MTBE contamination m Lake Lewlsvflle (Lake) and related concerns for water quahty Council Member Carl Young followed w~th a request for staff to respond to the issues rased by Mr Soph Staff will fully discuss these ~ssues with the C~ty Council at the May 23~d Work Session A brief outhne of current staff mltlatlves follows As you know, the Caty of Denton's intake for dnnklng water is located on the Hickory Creek Branch of the Lake, west of the 1-35E crossing Because this cove ~s a popular boat rafting and party location, the City of Denton has experienced ~ncreas~ng levels of Methyl Tertiary Butyl Ether (MTBE) at its intake over the last three to four years For the past several months, the C~ty has been working with the U S Army Corps of Engineers (Corps) to determine the best method to protect water quality at its intake The Corps arranged a meeting to d~scuss the alternatives with all the affected parties this week The Corps, along with City staff, met with the Texas Natural Resources Conservation Conmusslon (TNRCC), Mayor Jam Clarke and staff of the town of Hackory Creek, Denton County Commissioner Krueger, and the Denton County ShenWs Department TNRCC requires the City malntmn a 200-foot barrier around its ~ntake structure Because water quality had not been negatively ~mpacted and because such a barner would make it d~fficult - and, if lake levels are low enough, Impossible - for homeowners to access their property past the ~ntake structure, the City has not tustoncally mmntmned this buffer (TNRCC has some flexibility w~th respect to enforcement of this regulation based on actual water quality ) Because of the MTBE contamination concern, however, the City has no choice but to comply with the TNRCC regulations A buoy system will be installed before Memorial Day weekend Because of the extremely low level of the Lake, the buoy system will effectively cut off the entire cove to boat traffic (The 3 ATTACHMENT1 cove constitutes 23 acres of the 29,000-acre Lake ) Once the Lake returns to normal levels, the C~ty of Denton, w~th TNRCC's approval, will make attempts to accommodate homeowners by permitting some type of resmcted use m the cove The details of how such an area would be marked aad then enforced will be worked out between the Corps, the C~ty of Denton, the Town of H~ckory Creek, and Denton County Because th~s process is pohtmally cumbersome (annexing out ~nto the Lake by Hickory Creek will be necessary, for example), and barnng an unprecedented rainfall th~s summer, the cove will remaan closed to boat traffic for the summer months Th~s wll allow the C~ty of Denton an opportunity to sample the water quahty of the cove, partacularly at tts intake, for an enttre summer wzthout boats and compare those results to the summer of 1999 wtth boats A letter to the affected homeowners of Hmkory Creek and a general press release are currently being prepared for pubhcat~on next week May 15, 2000 Crenshaw, Larry D Jr & Shenlynn 2328 Stone Glen Ln Carrollton, TX 75007-2003 Paneenp~nart, Vlrpobe & Jakrapobe 1200 Thompson Ranch Rd W~mberley, TX 78676-6128 Bas~nsk~, Wdham V P O Box 1319 Lake Dallas, TX 75065-1319 Thomas, Dale & C~ndy 1086 Hmkory Creek Rd P O Box 1450 Lake Dallas, TX 75065 WW Investments, LLP P O Box 167853 Irving, TX 75016-7853 Standard Pamfic of Texas 5525 N McArthurBlvd Ste 580 Irving, TX 75038-2652 P~nder, Dawd PJ Trust Martin Chfford R TR P O Box 2299 Gilbert, AZ 85299 Mantn, Suhas 3608 Granada Trml Denton, TX 76205-8404 Hickory Creek Der P/S 5001 Spnng Valley Rd #1100W Dallas, TX 75244-3950 Coley, James J Jr 909 Brittany Dr Denton, TX 76201-3568 ATTACHMENT 2 Russell, Wllham R & Cyma B 6132 Hlghgate Ln DallaS, TX 75214-2154 Mlloser, Mmhael P 6 Hfllwew Ct Lake Dallas, TX 75065-2937 McColpm, Pat & Sherry 3653 BnargroveLn Apt 516 Dallas, TX 75287-6128 Utility Administrationo215 E McKmney StreeteDenton, Texas, 76201 Telephone (940) 349-8230oFAX (940) 349-8120 15 May 2000 Address Dear As you know, Lake Lewlsville supphes dnnkang water for the C~t~es of Denton and Dallas The Intake structure for the City of Denton is located on the Hmkory Creek Branch of the Lake, west of the 1-35E crossing The 1957 structure ~s in a 23-acre Pump Station Slough Cove that, over the last three to four years, has become a popular boating cove Known more commonly as the "Party Cove," flus area experiences over 100 boats rafting together, motors running, dunng summer weekonds Over the last few years as the cove has become increasingly popular, the C~ty of Denton has become concemed about the levels of Methyl Tertiary Butyl Ether (MTBEs) at its ~ntake structure The City of Denton, m conjunction with the University of North Texas, has been samphng Lake Lewiswlle for MTBEs and other pollutants since the summer of 1998 The data indicates an increase In MTBE levels dunng weekends m the summer, especially holiday weekends Samples taken at other t~mes of the year and at other locations on the Lake indicate non- detectable amounts of MTBE or extremely low amounts Because of the City's need to protect the water quahty of the cove, C~ty staff ~s recommending extension of a buoy system 200 feet from its water intake before Memorial Day weekend The 7 ATTACHMENT 3 Texas N~tural Resources Conservation Commission (TNRCC) requires the 200-foot buffer, though some flexibility as built into the regulations to accommodate site-specific issues The City historically has not mmntatned a 200-foot buffer in order to insure access for property owners in the cove However, because of the significantly increased boating traffic and its potential tn negatively impact the water quality of the cove, the City is compelled to take actmns that will protect the dnnkmg water of their mtizens Because the proposed buoy system will effectively cut off the entire cove to boat traffic due to the unusually low lake levels, the City of Denton and its partners are working toward a permanent solution that would allow limited access to the cove, includmg access for property owners The City of Denton has been working with the U S Army Corps of Engineers (Corps), the TNR¢C, the town of Hickory Creek, Denton County, and the Denton County Sheriff's Department to resolve the issue We will keep property owners apprised of the progress towards a resolution If you have any questions, please contact Irdersten Dleterle, Utilities Pubhc Commumcatlons Coordinator, at (940) 349~8449 Sincerely, Howard Martin Assistant Clty Manager for Utlhtles 8 From Kiersten Dieterle To John Cabrales, Juice Smith, Kathy Gault, Randy Markham, Sheree Turner, T~m F~sher Date 5/17/00 9 52AM Subject cove media update as of Wednesday mormng Update as of 9 00 Wednesday, May 17 Tuesday morning coverage ~ncluded paper - Fort Worth Star - have copy TV - Channel 5 - not posted on web TV - Channel 8 - posted on web TV - Channel 4 - posted on web Radio - local coverage on NPR and a smattering of radio coverage on other stations Tuesday aftemoon and evening coverage - Channel 4 with Dan (3odw~n - story 12 00 noon and update at 6 00 pm - have tape Channel 5 with Ken Kalthoff - small story at 4 00 pm and ma~n story at 6 00 pm - have 6 00 tape Channel 8 with Don Wall - lead ~n at 5 00 and main story was at 6 - have tape Denton Record-Chronicle - article in Tuesday's paper - have copy We made the e-mall c~rau~t from TAWWA so we need to keep ~n mind that we m~ght get quesbons from around the state Please make sura you keep me posted ~f any med~a contacts you d~ractly Wednesday Lew~swlle Leader - w~ll get copy Dallas Morning News - have copy Thera was nothing on TV news about the cove th~s mormng We ara on channel 8 and channel 4 web sites today though NOTE Channel 11 has not called or covered the story K~ersten ATTACHMENT 4 ATTACHMENT 5 05/18/00 14 43 ~9403497334 UTILITIES ~001/001 Agendaltem /___~S//'7 Date ~'-~/~/0,~:~ _ AGENDA INFORMATION SHEET ~ ' AGENDA DATE. May 23, 2000 DEPARTMENT: CAty Manager's Office MAke Jez (~ CM' SUBJECT Consider appo~ntmems to City Council eommAttees BACKGROUND Mayor Brock has requested that thAs Atem be considered at thc May 23 Work Session as the Courted Planning Session is later th~s year Members of the CAty Council serve on designated standing commAttees to afford pohcy guidance and dArectlon to the staff The committee assignments are reviewed annually by the C~ty Cotmcd to allow the opporttmAty to make adjustments if necessary Respectfully submAtted ~hael N~r Jez City ManAger Prepared by CITY COUNCIL COMMITTEES CURRENT PROPOSED AGENDA COMMITTEE Mayor Brock (Permanent member) Mayor Brock (Permanent member) Mayor Pm Tern Beasley City Manager (Permanent member) C~ty Manager (Permanent member) AUDIT COMMITTEE Mayor Brock Mayor Brock (Permanent member) Council Member Burroughs Councd Member Durrance INVESTMENT POLICY COMMITTEE Mayor Brock Mayor Brock (Permanent member) Council Member Knstoferson MUNICIPAL COURT ADVISORY COMMITTEE Councd Member Durrance Council Member Knstoferson Council Member Young VISION COLLABORATIVE Counml Member Burroughs LALOR'FUND COMMITTEE Mayor Pro Tem Beasley Council Member Cochran Councd Member Young COMMUNITY JUSTICE COUNCIL Council Member Durrance LAKE RAY ROBERTS P & Z Mayor Pro Tern Beasley CONVENTION & VISITORS BUREAU Mayor Pro Tem Beasley JOINT TAX ABATEMENT COMMITTEE Council Member Bmroughs Council Member Durrance ENVIRONMENTAL COMMITTEE Mayor Pro Tem Beasley Council Member Knstoferson Council Member Cochran CITY COUNCIL COMMITTEES CURRENT PROPOSED DALLAS REGIONAL MOBILITY COALITION Mayor Brock REGIONAL TRANSPORTATION COUNCIL Council Member Burroughs WESTERN METROPLEX MOBILITY COALITION Cotmcd Member Burroughs Agenda No ~0- O~/~ AGENDA INFORMATION SHEET Agenda Item , /-~ ~ ~ AGENDA DATE. May 23, 2000 DEPARTMENT: City Manager's Office CM Mike Jez SUBJECT Receive a report, hold a discussion and g~ve staff direction regarding a paperless agenda BACKGROUND Council Member Durrance asked that this ~tem be placed on the Work Session for an update on where the C~ty was in thru process In March, a committee was formed to study the agenda process and determine the best way to proceed w~th a paperless agenda The goal statement designed by the Committee ~s to "develop an efficient and affordable agenda process, to provide digital tnformat~on without extending submission deadlines or adding additional work for the orgamzatlon" The Committee dec~ded that the C~ty Secretary and a representative from Technology Services would ~nterv~ew the major contributors of the agenda to develop an overall work flow chart That chart would be used to evaluate the current agenda process and to assist m formulating the best method to mass-produce a paperless agenda To date, three of the s~x major contributors have been ~nterv~ewed ESTIMATED SCHEDULE OF PROJECT It ~s estimated that the ~nterwews with the major contributors will be completed w~thln the next three weeks with another two to three weeks to complete the charting of the agenda process The committee would then evaluate the work flow chart to determine a process to begin a paperless agenda That process, once dec~ded, would have to be tested over a number of weeks to ensure that a quality product was being sent out to Council RECOMMENDATION Staff requests that Council make a determination on whether or not ~t desires to have a papefless agenda rather than a paper agenda It is felt that if the majority of the Counml decides that a paperless agenda ~s preferred, only one type of agenda be produced rather than a combination of paper and paperless agendas ~n order to meet the goal statement's objective of not adding additional work for the organization Respectfully submitted Sez[ I City Manag~ Prepared by ~ty'lS~; r~etaltar~rs- Agenda No Agenda item Date AGENDA INFORMATION SHEET AGENDA DATE May 23, 2000 DEPARTMENT Utlhty Admunstrat~on ACM. Howard Martin, 349-8232 ~ SUBJECT Receive a report and hold a d~scusmon on the relocatmn of the County Line Road Bridge to Fred Moore Park BACKGROUND City staff has been moving forward with the relocation of thc h~storlc bridge to Fred Moore Park Staff took the Bridge Relocation ProJect bid information to the morning Pubhc Utilities Board meeting on 5/01/00 (Exhibit I) The Board approved b~d # 2496 for the relocation of the bridge That afternoon, staff met w~th representatives from Denton County and TXDOT to d~scuss the project At that time, we learned that the County was not gmng to close the bridge early Issues with residents along County Line Road and the ~nconveniences that the extended road closure would cause were rated as the reasons that they would not be able to close the road early Commissioner Carter apologized for the inconveniences that th~s dec~mon placed on the C~ty He requested that the County, TXDOT, and the C~ty work together to create a timeline that would ensure that the bridge would be in place for Juneteenth 2001 City staff wall work with the County and TXDOT to develop thts t~mehne Knowing the bridge will not be available to be moved, according to the original schedule, ~t would be ~nappropnate to bnng the bid ~nformat~on to C~ty Council for approval Our current plan ~s to disqualify all bids and bnng this issue back to Councd when a new schedule ~s estabhshed One ~ssue that we wanted to bnng to the Counml is the question of SUltabihty of th~s bridge ~n the park While the consensus ~ndlcates the need for a bridge at this location, we have heard from some m the neighborhood, and staff agrees that th~s partmular bridge may look out of place at this particular location We have discussed th~s ~ssue with Parks and Recreation, and they also agree that the County L~ne Bridge at flus particular s~ght would be an imposing structure Parks has programmed $250,000 for Trails and L~nkages in the CIP for 2001, with part of those funds allocated for a path in Fred Moore Park If desired, some of the funds could be allocated for a new pedestrian bridge at Fred Moore Park The Parks and Recreation Department will assist in finding a more statable location for the County Line Road Bridge ~f the new bridge option ~s selected W~th Counml approval, staff would like to consult w~th the neighborhood to determine which option they would prefer In e~ther case, we can have a bridge in the park for Juneteenth 2001 OPTIONS: Continue to work on the bridge relocation project Investigate the possibility o f constructing a new bridge at the s~t¢ RECOMMENDATIONS' Now that the poss~b~hty of funding a new bridge exists, staff recommends consulting with the neighborhood ¢oneermng the optaons PRIOR ACTION/REVllr, W (Couneih Boards~ Commiss~ons). Staff tookIthe Bridge Reloeatmn Project bid mformatmn to the Pubh¢ Utilities Board on 5/01/00 FISCAL INFORMATION: Funding for the bridge reloeatmn project ~s available from the Hotel/Motel occupancy tax Funding for a new bridge would be available from Parks through the Trails and Linkages CIP m FY2001 BID INFORMATION: There were a total of 3 b~ds on th~s project B~ds ranged from a low of $131,000 to a h~gh of $142,800 MAP. Map of County Line Road and Fred Moore Park Respectfully submitted Howard Martin, a,~vatot~ t es Prepared by Assistant Director Wastewater Utflmes Exhibit I May 1, 2000, Pubhc Utilities Board Agenda Item PUB AGENDA ITEM NO. DATE PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET AGENDA DATE May 1, 2000 DEPARTMENT Utlhty Adm~mstratlon ACM: Howard Mart~n, 349-823~C'' SUBJECT Consider approval ofind # 2496 for the relocation of an Instonc bridge from County Line Road to Fred Moore Park In 1998 Work on the PEC-4 drainage improvement project was ~mtlated Tins project was designed to reduce flooding potential from Bell Avenue to Woodrow Lane along PEC-4 Dunng tins project a pedestrian bridge winch crossed the channel at Fred Moore Park was removed to make rooro for channel lmproveroants Budget shortfalls on the project prevented replacing the pedestrian bridge at that time Through the efforts of a number of c~t~zens, a project to replace the pedestrian bridge with an historic bridge from County Line Road was developed The bridge at County Line Road is scheduled to be replaced with a new bnd§e The bridge is located approximately ½ rolle south of the intersection of County Line Road and US 380 (Exinint I) Originally, the TXDOT replacement of the County Line Bridge would have commenced in the Spnng of I2000 Workload issues at TXDOT prevented completlon of englneenng plans for the Spnng 2000 start date The new TXDOT schedule indicates a Winter 2001 start date Working under the original TXDOT schedule the goal was to have the bridge in place for the Juneteenth celebration, June 2000 Once the TXDOT schedule slipped, plans were made to replace the bridge in 2001 In the meantime, citizens convinced the County to close the bridge early mahng the bndg~ available for relocation Tins increased the pressure to get the bridge relocated for the Summer 0f 2000 We are currently worhng under a schedule winch indicates project completion m late August, 2000 (Exinint H) The County has agreed to prowde road closure upon notification from the contractor performing the relocation (Exhibit III) The Drainage Division and Teague Nail & Perkins Engmeenng prepared bid specifications and engineenng plans for the project The project was advertised for bid on April 3, 2000 Bid opemng for tlus project was April 25, 2000 There were a total of three bids for the project The low bid w~s subroltted by Seneca Contracting Corporation, P O Box 1470, 25113 E McICtnney, Denton, Texas 74202-1470 (Exinb~t IV) OPTIONS: RECOMMENDATIONS: Staff recommends the approval of the low bid from Seneca Construction ~n an amount not to exceed $131,000 PRIOR ACTION/REVIEW ¢Couneil. Boards. CommlssionsL Thru relocation project has been dmcussed at Council on numerous occamons FISCAL INFORMATION: Funding for tbas project is available from the Hotel/Motel occupancy tax The total dollar budget amount for thru project is $116,800 The additional $14,200 will come from cost savings from the Kang's Row Detention Pond NFO ' There were a total of 3 b~ds on the project Bids ranged from a low of $131,000 to a h~gh of $142,800 MAP: Map of County Line Road and Fred Moore Park J~r~Coulter Asmstant Director Wastewater Utilities Extub~t I Map of County L~ne Road & Fred Moore Park [ Extublt II ProJect Schedule Exhibit III Letter from Denton County Exhibit IV B~d Tabulation Sheet 2 CITY OF DENTON MUNICIPAL UTILITIES · 901-A TEXAS STREET · DENTON TEXAS 76201 Memo To: M~chael Jez, C~y Manager Through: Howard Marbn, Assistant C~ Manager From: J~m Coulter, Assistant D~rector Wastewater Uhht~es Date~ 03/28/00 Historic Bridge Relocation Project The following ~s the sequence of events for the relocation of the h~stonc bridge located at County Line Road to Fred Moore Park The t~me schedule prowded for th~s project ~s an estimate The potential for delays w~th th~s type of project xs much h~gher than a project xnvolvmg new construction The current plan ~s to allow the contractor 60 workdays for completion of the project 1 Eng~neenng Plans Complete 2 B~d Specifications Complete 3 B~d Advertisement April 3 & 10, 2000 4 B~d Opemng April 25, 2000 5 County Schedule Approval9 April 25, 20009 6 Backup for Pubhc Utility Board April 26, 2000 7 Pubhc Utility Board Approval May 1, 2000 8 Backup for C~ty Council May 1, 2000 9 C[ty Council Approval May 16, 2000 10 Constructxon Contract Approval May 26, 2000 11 Not~ficataon to Proceed May 31, 2000 "Dedicated tO Qualify Service" E X H I B I T I I 12 Construction Mobd~zatlon June 1, 2000 13 Bridge Relocation for Renovation 14 Sandblasting Lead Abatement 15 Structural Repmrs 16 Bridge P~er and Abutment Work 17 Pmnt Coating System 18 T~mber Replacement 19 Bridge Placement 20 Bridge Cemficat~on August 24, 2000 We will provide a copy of this schedule to the County Comnuss~oners Court I have a call into Cornnuss~oner Carter and Mr Jack Wagner to see what their t~me hne for the County approval process would ~nclude As soon as I hear what their process is I will include ~t m tlus schedule If you have any questions concerning th~s project, please contact J~m Coulter at (940) 349-7194 Sincerely, J~m Coulter Assistant D~rector Wastewater Ut~lmes CENTRALIZED ROAD & BRIDGE/VEHICLE MAINTENANCE Aprd 4, 2000 Mi' Jim Coulter, Asmtant D~eetor Wastcwatcr l~.ngineering C~ty of D~tou 901.A Texan Street Denton, TeXas 76201 Dear Mr Coulter In support of thc City o£Denton project to relocate the Count~ Line Road badge over Denton Creek for usc as a pedestnnn badge tn Fred ~Vioore Park, we agree to asmt w~th road closure opernt~ons as follows · Thc Count), w~U notify as neeassazy the property owners affected by thc proposed temporntT closure o£ County l. me Road, · Thc County will provide, install and maintain all nccessaxy detour s~gna~e throughout thc duration o£tlm project, and w~ll couUnue such nl~nege ns necessa~' after tho City of Denton project ts complete, · Upon completion of the C~ty of Denton project, Ibc County wdl erect all necessa~T barriers and barricades to protect the travelm~ pubhc unul the badge is replecod- The Contractor who performs thc badge relo~auon for thc City of Denton will bo responsible for creetmg and mamtainm5 all bon'iers and berne, arias neeessaty to pwtect the travchn§ public dune§ the durauon of tho project Tho Contractor shall nottf7 Centrahzed Road &Bndie two weeks pnor to closurc of the roadway, and tlurty days prior to complctzon of the project m order to allow ume for the County to mobdt,~e as outlined,above Feel fzee to contact mc dyou have any quesUons Jack Wagner, Director 306 N Loop 288, Suite 115, Dentan, Tot. as '/6201 phone 940-565-8698 fax 940-$6~-5620 I=:XHIE31T III TOTAL P 82 D BID NO 2496 PO NO BID TABULATION SHEET MOORE PARK PEDESTRIAN BRIDGE i~M , DESCRIPTION QUANTITY Contmctom Warranties and 1 1 Understanding 1,I LS $ ~,~OO ° $ j,.- Umt Pdca in Words ,,c';~Oc 2 and Relocate Existing Truss I LS Unit Pdca In Words 3 Structural Steel Repairs I LS Unit Pdca In Words 4 Timber Deck Replacement 1 LS Umt Price ~n Words 5 Bndge Painting/Sandblasting 1 LS ,OO in Words 6 24" Drilled Piers 90 LF Unit Price in Words Approach 7 Slabs LS d~x.) ~O:73 In Words 8 Wooden Handrail 1 LS Umt Pdca in Words ~-- 9 Mobilization 1 LS cc Unit Price in 10 Traffic Control Plan 1 LS Od~J Unit Pdca in Words 11 Sediment Control Plan 1 LS Unit Pnce ~n TOTAL BID $ P-3 /~n~ cMM~ fm-Ilbar piMmmed and mlteneb fummnea m me mnmrnm" 'w ~"~ mmpMmi a~ ~ In Km~lenm w~h Ihe plem and Kee~r~iene. ~O the im~l~km M me En~neer. The undmldgned a~fllm8 thld the bid prteee c~.ntnined In this W have been Unit and lump-sum plkam ~ .l~,~m ha' mm~h ~ limed In thl~ IX'QpONd, at'tall Re~4pt i~ mMItowlm]ged of ffm fgllm~ng Addend~ (If non It receh~, wflt~ NONE ~ the Addendum No. t /"/' Addendum No. 2 P-4R BID NO 2496 PO NO BID TABULATION SHEET FRED MOORE PARK PEDESTRIAN BRIDGE ITEMI' DESCRIPTION QUANTITY I UNIT I UNIT PRICE ! TOTAL 1 ContractorSunderstandingWarranties and 1 LS Remove and Relocate Ex~stlng Truss 4 ITimber Deck Replacement 1 lES 7 sC°n~eteabs ~utmen~ and Approa~ 1 ] LS $ I ISedlment Control Plan 1 ILS TOTAL BID $~~ P-3 P-4R BID NO 2496 PO NO BID TABULATION SHEET FRED MOORE PARK PEDESTRIAN BRIDGE ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 Contractors Warrant~es and Understanding I $ Unit Price ~n Words ~.Jo 2 nd Relocate Ex~stmg Truss 1 LS o oo'-- Unit Pdce in Words ~'~ ~T¥ 3 Structural Steel Repairs 1 UnR Pdce in Words ~ 4 Timber Deck Replacement 1 UnltPrlcelnWords T'~I~'TEE, "~OU~A'.O ~OC-C~tn. 4 ~ /VO CevT£ 5 t~ng 1 LS Umt Pnca ~n Words 6 24" Drilled P~ers 90 I oo Unit Pnce in Words O~t~ ~u 7 Cor, c~e[e Abutmen~ and Approach 8 Handrail 1 LS Un~tPn~inWords ~ ~ ~ ~o~)~ ~ ~O C~T~ 9 Mobd~zat~on 1 Unit Pr~ ~n Words ~ VE ~ ~O 10 Traffic Control Plan 1 Unit Pn~ ~n Words :IUE 11 ~ontrol Plan 1 LS o ~n~tPri~nWords ~<~ q~o[ TOTAL BID P-3 In the event of the award of a contract to the undersigned, the undersigned will furmsh a performance bond and a payment bond for the full amount of the contract, to secure proper comphance w~th the terms and prowslons of the contract, to ~nsure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furmshed m the fulfillment of the contract It ~s understood that the work proposed to be done shall be accepted, when fully completed,and fimshed ~n accordance with the plans and specifications, to the sabsfact~on of the Engineer The undersigned certifies that the b~d pnces contained ~n th~s proposal have been carefully checked and are submitted as correct and final Umt and lump-sum prices as shown for each ~tem hsted ~n th~s proposal, shall control over extensions CONTRACTOR SE. I~EC~ C.o~r'~'t ~r~.~ Seal (Ifa Co~oration) C.O ~Po ~T to ~ BY (Autho'rlzatlon) ~ ~, ~ C~ and S~te Telephone ~' ~' ~o x /~ ~ ~3 ~, ~c/~/~-y ~E~To ~ 7~ P-4 A0enda Item AGENDA INFORMATION SHEET Oat8 ~e'7~/~:~O. AGENDA DATE May 23, 2000 DEPARTMENT Utd~ty Admlmstrat]on ACM' Howard Martin, 349-8232 ~ SUBJECT Hold a second discussion and provide staff direction concerning a sales tax exemption sought by the Robson Development that would exempt state tax on all tangible property used to construct the Robson wastewater treatment plant SUMMARY The Counml's first review of the Robson Sales Tax Exemption Agreement identified a number of issues to be addressed The Council directed staff to continue to work with Robson on the development of an acceptable Infrastructure Sales Tax Agreement However, the Council limited the staff's role in the development of the agreement to one of rewew and also lnthcated that the agreement was to include only the infrastructure required to build the wastewater treatment facility Mike Copeland has been worlang with the law finn Thompson and Knight, of Dallas Texas, that is representing Robson and has prepared the agreement M~ke Copeland has reviewed the proposed agreement and offers the attached legal opinion provided in Exhibit I It appears that most of the issues have been addressed and staff is reasonably comfortable that the agreement adequately addresses all of our legal concerns BACKGROUND The Robson Development will construct a wastewater treatment plant to serve the needs of their development Tins plant facility will be donated or dedxcated to the City of Denton to own and operate The anticipated construction cost for the ~mtlal phase of the treatment facility xs $3 million Robson is requesting a state sales tax exemption on all equipment purchased for the wastewater treatment plant Robson is seelang the City's execution of an Infrastructure Sales Tax Agreement (ISTA) in order to achieve the sales tax exemption on plant equipment Robson, in turn, would agree to mdemmfy the City against all hablhtles associated with the Cxty faclhtatxng the sales tax exemption by acceptance of the purchased equipment prior to installation and operation Page 2 Robson Sales Tax RECOMMENDATION It is the oplmon of staff that the proposed sales tax exemption proposed by Robson is lawful and represents an agreement that could be recommended with mlmmal risk to the City if revised m form to include the comments provided m Exhibit II and subject to the Council's consideration of all other relevant pohtleal, admlmstratlve and/or fiscal issues PRIOR ACTION/REVIEW The sale tax exemption was first discussed at the March 28th City Council Work Session FISCAL INFORMATION Robson estlmates that approxunately $150,000 to $250,000 could be saved with a state sales tax exemption on the equlpmant purchases Exhibit I Legal Review of Proposed Agreement Exhibit II Infrastructure Sales Tax Agreement-Draft #4 with comments Exhibit III Previous Legal Review of Original Agreement Draft Exhibits 1-3 are draft working confidential documents and will be packaged under separate cover marked confidential. ATTORNEY/CLIENT CONFIDENTIAL COMMUNICATIONS TO Mayor and Members of the Denton City Council FROM Michael S Copeland, Assistant Clty Attomey/Utlllt~es SUBJECT May 23, 2000 Council Work Session Updated Status Rewew and Legal Analysis of Proposed Infrastructure Sales Tax Agreement Proposed by Robson Denton Development, L P ("Robson") DATE May 19, 2000 CONFIDENTIALITY NOTE: This memorandum and any accompanying enclosures are intended as attorney/chent communication between the undersigned attorneys and the C~ty of Denton through its duly authorized constituents. This communication is subject to, and is protected from public disclosure by the attorney-client privilege The addressees and noted copy recipients, acting within their officml capacities on behalf of the City of Denton, are the only intended recipients You are requested to neither divulge the contents of this letter or memorandum to any other person or entity, whether within or without the organization, nor to use this reformation for personal benefit. Tbas agenda item was previously presented to the Council at ~ts March 28, 2000 Work Session At that time, the Council, among other tlungs, directed Staff and Robson to involve their respective attorneys and to work together toward aetueving further development of the infrastructure sales tax exemption transaction imt~ated and proposed by Robson m late January 2000, and bnng back to Council the result of their efforts, so that the Council could further d~scuss the ~ssues Shortly after the Mamh 28, 2000 Work Session, Robson instructed the law firm of Thompson & Kmght ("T&K") In Dallas, to work with the City Attorney's office and Staff on the sales tax exemption Issues Mr Geoff Osbom of T&K and I have been m near constant communication since the first week of April 2000 on these issues Th~s matter has progressed considerably over the last seven weeks Follovnng the March 28, 2000 Council Work Session I performed additional legal research and received valuable assistance from T&K We located two letter rulings &the State Comptroller that provide support to the vallchty of the transaction that Robson has ~n mind I performed additional legal research, namely m Sections 151 309 and 151 311 of the Texas Tax Code This legal EXHIBIT I May 19, 2000 Page 2 authonty provided me wath additional gtudance m framing and rev1slng some of the prowslons of the proposed "Infi'astructure Sales Tax Agreement" ("ISTA") Most importantly, on May 16, 2000, I obtained a favorable oral opimon/determmat~on from the State Comptroller's Office m Austin regarding the legality and the applicable parameters of the proposed ISTA transaction I spoke at some length wath Pbahp Knlsely, Tax Policy Specialist, of the Comptroller's Office He is mvolved wath the area of sales tax exemption, and was very famlhar with all the authontles I had found, meludmg the two letter oplmons previously issued by the Comptroller He stated that he was confident that this type of transaction IS lawful, provided that the agreement is drawn and structured properly, and provided that the parties revolved strictly adhere to the reqmrements of the statute and applicable regulations, particularly, the tune of donation and of mcorporatlon of the tangible personal property Into the Infrastructure Based upon my dlsensslon with Mr Kmsely, I have wholly (hsregarded the previous discussion that I had with another member of the Comptroller's staff, Mr Pachardson, on January 26, 2000 Accordingly, I revise my previous non-enmmlttal legal conclusion set forth in my memo of March 22, 2000, issued to Jim Coulter, Assistant Director of Wastewater UUhty [a copy of that memorandum ~s attached hereto as Exlubit "B" for your reference] It is now my opinion that the proposed sales tax exemption transaction proposed by Robson is lawful, provided that it is mamfested by a properly drawn ISTA, contalnmg the terms reasonably reqmred by the City's attorney, and provided that all pames to the ISTA transaction carefully admunster and momtor the ISTA and follow the agreement and apphcable law m performing the ISTA The fourth draft of the proposed ISTA is now circulating for Robson's approval The fourth draft was prepared by me, and contains additional significant recitations and modifications that appeared warranted after my telephone discussion with Mr Kmsely of the Comptroller's Office I have attached a copy of Draft #4 hereto s Exlubit "A" for your reference I apologize that tins drait bears my poorly handwritten lnterlmeatlons and addlt~ons I telecopled Draft g4 to T&K at 4 30 p m on Tuesday, May 16, 2000 I have confirmed its receipt by T&K on that date by two methods Since that time I have left voice-mini messages for Mr Osborn each day I have also spoken to has secretary ,on Wednesday and Thursday, and have left a voice-mall for her flus mormng Mr Osborn's ,secretary lndxcated that Mr Osborn had received the telecopy, was out of town, and needed to review the changes with has client So, I have heard nothing negatsve, nor positive about Draft ~4 I do, however, expect that I will hear sometlung fxom Mr Osbom m advance of the May 23, 2000 Council Work Session Robson's counsel and I have fully addressed and arrived at acceptable contractual terms for the ISTA reg0rdmg the bochly mjury, wrongful death, property loss, property damage, and bankruptcy contingencies and risks that I had previously Identified and elaborated on in my memorandum of March 22, 2000 Robson wall agree to funnsh msurance and appropnate mdemmficatlon to the May 19, 2000 Page 3 City respecting such risks and contmgancaes The Risk Manager has previously expressed to me that such insurance coverage ts adequate Draft g4 of the ISTA contans these provisions Provided that Robson ts wilhng to execute an ISTA, substantially m the form and content of Draft #4, then I do not object to the transaction on a legal basis, and wall approve such ISTA as to legal form However, my opamon and analysis are himted to the Issue of legality Previously, in my March 22, 2000 memorandum I identified several polit~cal/pohcy [other developers making snmlar requests], admlmstrat~ve [construction problems with lack of pnxaty of contract and lack of effecttve control by the City over the quality of lnfi'astructure winch the Ctty will eventually be mamtalmng and operating], fiscal issues [some amount of lost City sales tax revenue and possible Ctty expense m admlmstenng and carefully momtonng the ISTA for comphance], and others that I recommend that the Council should consider, an addttlon to the legal tssues respecting the proposed transaction requested by Robson There as also one additional matter that has surfaced on more than one occasion during the tame this ISTA transaction is being developed That as, Robson has mamfested ars interest and desire to extend the ISTA concept to streets and to water infrastructure for the Robson Commumty I am mtndful of the Council's dtrection provided Staff at the March 28, 2000 Work Session, that this transaction as llmtted to the Wastewater Treatment Plant I have accordingly put a provision in paragraph 6 of the 4* Draft of the ISTA limiting the scope of the ISTA to the Wastewater Treatment Plant faethty only I recommend that an the event the Council washes to go forward wtth the ISTA, that at persist an hmatang the scope to the Wastewater Treatment Plant, thereby reserving its options to assess the impact that pamcular transaction has upon the Clty an all areas I beheve that by the time of the Council Work Session on May 23, 2000, that I wall have a good indication about whether Robson will accept Draft ~4 of the ISTA or not I will address any questions or concerns that you have at the Work Sesston I also want to bnng to your attention that I wall be attending my daughter's Ingh school graduation in Dallas, at 7 00 p m on May 23, 2000 Immediately following the completion of the event, I will drive to Denton to attend the Council Work Session I have requested that tins item be placed near the end of your agenda for that reason I also wall brief Herb Prouty in advance an case somettung unforeseen comes up that evemng which would make my amval here later than expected Michael S Copel~ MSC/mc May 19, 2000 Page 4 Attachments (2) cc M~chael W Jez, C~ty Manager (w/attachments Herbert L Prouty, C~ty Attorney (w/attachments) Howard Martin, ACM/Utilities (w/attachments) Kathy DuBose, ACM/F~scal and Mumclpal Services (w/attachments) Max Blackburn, Pask Manager Tom Shaw, Purchasing Agent S \Our Document~Corresp~ndence~Vlemos\00~.obson Infra Sales Tax K 051900 Status Memo doc ~y of ~, 2~, by ROBSON DE~ON DE~P~, L~ ~ ~ I~.~,~ ~c~p (~bson~, ~ C~ OF a~v~ a ~ p~ oza ~ of~e ~o~t ~o~ ~.. ~on ~ ~e C~ ~o~s otDe~n ~, T~ (~ "P~, C, p~ ~o~ on for ~e W~ ~t Pl~t pm~s ~ s~ ~ ~ due on ~ t~blc ~ ~p~ ~ W ~p~vc ~ p=~p~ ~ ~1~ ~ a ~va~ ~ ~t ~ b~n ~ to ~d ~ ~ ~ by a ov~en~ ~: g ~m ~ ~ ~ m~ of ~b~cuon ~) of ~ ~a~on; (1) me job ~n~r or ~c (3) ~ ~on ~n~ ~d~ ~t ~c ~v~ ~ ~ ~ do~ ~ p~ pmpe~ to ~c gov~cn~ ~ befo~ It ~ m~oret~ m~ ~e z~ or 9138700001 DAZJ.A~ 112,1012J - l - EXHIBIT II 4/10 Robso.n. shall provide the City a ccnfflcate o~---*-: ......... ' . . and dchvery of this A-"o'"ent. -o,,,~,, ~unmce sunmmneo~ly va.th me execution ~o.oson shall mamtsin pro insurance ' , ,, ', perry wn on a balder e risk all lek' or e ~udl l~ov~d~ the Cia c~rtiflc~ . , )' appear ob~on response to the destmetlon or dn---[~omsm nu~/~,~l~v+e,~_~___t~_ ? p.me~ l~tynble tn rmntana~ ~j - as'mwaZ~T entl _ .,_.. 4. ,ty~s ae~ptan~e ~..~f, Robson should ~le a bankru~x~v should t~ ~ to c ' cy , if the City req. part/ipatcmthebankmp actionasarcsulto ',ofDonated , -~.,,~o~vu~ tv ~ccep~ ule l'ropeny and Wastewatcr Treatn~nt Plant, then Robson shall defend, mdemni~y and hold harmless the CWy agsh~_~ all out of pocket costs, including reasonable attorney's fces,~lncurrcd by the City to part/c~pats in such action. __,..._ ~ '-.--,, ...... ~Pm.'ttotncsuojectmatterhercof Thlsa,,-,. .... +ms-'- .... omy oy a wnt2n instrument executed by Robson and the City . cia - ~'V~]~SS V/HEI~OF, Robson and the CIU hy~ cxecu~l thb A~u o~ ROBSONj : ~ D~ON D~P~. ~, ~ ~8~8'/00~1 DAli. AS I I~01L1 -4 - ATTORNEY/CLIENT CONFIDENTIAL COMMUNICATIONS TO Sun Coulter, Assistant Director, Waztewater Utthty · ~ROM- 'l~6haeT$ Copeland, Asi~stant City Attorney SUBJECT Review and ,I~.p'l,An~ysls,ot~,,proposed I~rastmcto~ Sales~ax Ag~,~t ' , Proposed by Robson Denton Development, L P m January 2000 [I~FLS g000129] DATE March 22, 2000 CONFIDENTIALITY NOTE: This memorandum and any accompanying enclosures are intended as attorney/client communication between the undersigned attorneys and the City of Denton through its duly authorized constituents. This communication is subject to, and is protected from public disclosure by the attorney-client privilege. The addressees and noted copy recipients, acting within their official capacnt~es on behalf of the City of Denton, are the only intended recipients. You are requested to neither divulge the contents of this letter or memorandum to any other person or entity, whether within or without the organization, nor to use this information for personal benefit. [This memorandum revises, and is in lieu of, in substitution for, and supersedes the previous draft memorandum issued to you on January 31, 2000 regarding the foregoing subject matter. Please disregard the previous draft memorandum.] This memorandum ~s m response to the foregoing legal request that I received on January 19, 2000, wluch included a C~ty Manager pnonty demgnat~on You requested that I review the attached two- page draft "Infraslructure Sales Tax Agreement" CISTA) submitted to you by Robson Denton Development, L P ("Robson"), and to analyze and advise you of~ts legality A copy of the ISTA ~s attached for your convemence I understand that the ISTA was submitted to the C~ty by Jun Poulos, General Manager of Ut~hties ("Poulos'') of Robson, who offices m Arizona I understand that the submismon was unsohclted on the C~ty's part, and that to date, the C~ty has not encouraged or mwted the submission, or related to Poulos that ~t approves of the submitted ISTA Before prepanng flus response to your legal request, I performed the following actions and actlwt~es~ as I had never before dealt with a request of flus particular type by a developer at the Cxty of Denton, or anywhere else EXHIBIT III March 22, 2000 Page 2 I Reviewed the ISTA; 2 Researched the applicable law [including 34 Texas Admm~.~'ative Code, Section 3 291 "Contractorsf and tn pamcular, Sec~on 3 291(0, Texas Tax C~I~ 3 Lengthy telec~onference wath Mr. Poulos on January 21, 2000 to deteiiiime Robson's poslUon, des~res~ and the emstence of any t~gal opm. ion obtained by Rbbson from its attorneys on the subJect, or any other legal authority that would facihtate the City's mvrew and examination of the ISTA and the apphcable law, 4 Interviews wath City Staff potantially affected by the proposed ISTA, including the ACM Utthties, the ACM/Finance, the D~rector of Budget, the Posk Manager, the Purchasing Agent, and the Assistant Dtrector of Wastewater, tn order to detcmime their input, perceived pohcy issues, and the ultunate Lmpact of the proposed ISTA upon the C~ty fiscally, and otherwise 5 Prepare punch-hst of key points and issues raised during the teleconference voth Mr Poulos and the mtemews wath City Staff 6 Telephone conference wath Andrew Pochardson, Tax Speciahst, at the Sales Tax D~vision of the Texas State Comptroller's Office on January 26, 2000 regarding the Comptroller's present posltmn regarding the apphcabihty of 34 TAC Section 3 291 to the C~ty's fact situation and whether or not the transaction proposed by Robson would pass muster wath the Comptroller I have attached a copy of 34 Texas Adrmmstrative Code C'TAC") Sectmn 3 291 "Contractors" Tlus consists of eight pages and is the only law cited by Robson as supporting its request for the City to enter rote the proposed ISTA The partmular subsecrton urged by Mr Poulos of Robson is 34 TAC Section 3 291(0(1 through 3) Mr Ponies related to me by phone that he "found" flus Texas law I believe that he is a CPA Mr Ponies conveyed to me that Robson does not have any legal opuuon supporting the ability of Robson to lawfully proceed under that statutory provision or to enter rote the ISTA wath the City I found no applicable reported case law noted under tlus TAC provision wluch would provide me wath any chrection or legal authority The provisions of 34 TAC Section 3 291(0 are not a picture of clarity Tlus provision is the exemption from sales tax of certain tangtble personal property used to tmprove real property that will ultLmataly be dechcated to and accepted by a governmental enUty, and requtres the satisfaction of several conditions Basically, the developer must enter rote a type of contract w~th the contractor contemplated by the statutory provision The contractor then delivers the tangthle personal property to be incorporated rote the realty to be developed to the developer Then, under Robson's scenario, Robson, as developer, before incorporating the tangible personal property rote the realty, and before it is used by the contractor, the developer must donate the tangthle personal property to the City In the proposed ISTA~ Robson, the developer, expects the City to provide it wath a statement or agreement that the City wall accept the tangible personal property March 22, 2000 Page 3 Thc sales tax concept m Texas is such that the end-u/er of the, tangible personal property pays sales tax unless it IS an orgarazation or entity (such as a mutncipal 8ovemment) that ts exempt from sales Section 1S 1 309 of the ~re~aS Tax Code provtd~s in pertinent part that an otherwise taxable ~tem for state sales and use tax pml~oses IS exempted fl~m, tax If'it i~I~,~leas~I to,~ ~ or co~umed~by a~ ctty government [Section 131 309(5)I- 3~lowever, the case authonty cited under that statutory proxqstnn envisions a contract between the prune contractor and the city governmental entity, and that title of the goods (m our case, the "tangible personal property") passed from the suppher to the pm'ne contractor, and not to the governmental entity The prime contractor assumes the status of an independent contractor for purposes of sales tax exemption Sales of tangible personal property from thel suppher to Robson's contractor are not exempt, as there is no sale to the government There Is no pnwty of contract with the governmental entity, the City, which enjoys the exemption established by Section 151 309(5) of the Texas Tax Code See also, Dav& Zmimennan, Ioc v Calvert (Tex Sup Ct 1975) 519 S W 2d 106, centnran demed at 96 S Ct 54, 423 U S 832, 46 L Ed 2"a 50 In this case, the developer wants the City to sign the ISTA, or a revised/mo&fled ISTA, and dehver it to the developer so that developer's contractor can purchase thc tangible personal property to be incorporated rote thc proJect without sales tax being imposed This, of course, lowers the developer's (Robson's) cost by between $150,000 to $ 250,000, according to Mr Poulos There would be nummal fiscal impact upon the City m thc event that it entered rote thc ISTA~ ~om a city sales tax [standpoint as Mr Poulos mchcated to me that most of the tangtble personal property to be incorporated rote the project (the construction of a wastewater treatment plant end related infrastructure by Robson) will be purchased at locations outside the City, not to deprive the City of sales tax, but because most of the tangible personal properly needed for the construction arc manufactured and sold elsewhere Typically, the City constructs a wastewater treatment plant as its own proJect, and contracts (hrectly with the ,pnme contractor In that event, the contract price that the City pays to the contractor is spht intel labor and tangible personal property components The City would then issue a sales tax exemption cemficate to the contractor m the amount of the tsng~ble personal property that would be incorporated rote thc proJect Thc Ctty benefits from a lower contract price from the contractor because ,the City is clearly exempt from the state sales tax under the provisions of Section 151 309(5) of the Texas Tax Code This ts a two-party transaction, where the City enjoys pnvity of contract with the contractor, and has control of thc proJect at all trines This is a clean transaction, which undoubtedly passes muster with the State Comptroller's Office tn terms of tax exemption In the transaction proposed by Robson there are three parties tnvolved Robson, as developer, and tts contractor have a separate contract, and so does the City and Robson Robson seeks to obtain M~rch 22, 2000 Page 4 the Clty's execution of an ISTA ul order to attempt to bootstrap and achieve tax-exeinpt~on of the tangible personal property lo be later incorporatdi as infrastructure into the property to be ultimately dechcated to the ~ fur tlu~h/: ~ In Robson's relationship voth tho (~lty~ Robson intends ~ spend ~ts own inoney and construct a wastewater treaiment plant, Wluch~by pi'oposod,tigretmlent,4t,/ntenlts t0~later ttonat¢oridedicate,to~ the C~ty As I understand ~t, as a quid pro quo for Robson's contnbutxon of the wastewater treatment plant, the City vail not collect wastewater unpact fees from Robson, and vail pwwde Robson vath deferral rehef for a reasonably short period from the unposlUon of some of the City's water mapact fees, before the tune the wastewater tresiraent plant Is donated to the Cfly and dethcated for public use By fully cooperating vath Robson and reschmg an acceptable ISTA, the C~ty will save no addmonal moines The City might conceivably lose a small amount of City sales tax revenue More importantly, the City might also become ulvolved in several areas of risk, to vat 1 Tort liability respectmE personal uljury or wrongful death in the event that a person ~s injured or lolled as a result of the tangible personal property while ~t xs "owned" and/or "possessed" by the City (after Robson's donation, but before the tangible personal property ~s incorporated into the mfrasffuctore by the contractor and dechcated to the C~ty by the developer) Robson Is vailing to mdemmfy the C~ty for these types of risk, and backs that indemmty up vath a general hablhty pohcy w~th pohcy hnuts of not less than $ 3 milhon 2 Debts and clatms respecting the tangible personal property dehvered to and given to the City may also present a problein In order for the C~ty to even consider entering into an ISTA vath Robson, the agreement must prowde that the "donation" of the tangible personal property to the City is conditioned upon smd pwperty beulg transferred free of all debts, hens, and clauns, including purchase inoney debt, as well as other voluntary and involuntary hens, and the like The posslblhty of bankruptcy of Robson rinses another serious risk This risk would be the "preferential transfer" or "fraudulent transfer" trealment by a Bankruptcy Court of any transfer without adequate consideration inade dunng the one year prior to bankruptcy filing, or made even before then, ~f creditors, for value, are defrauded or have then' rights dmumshed or diluted because of the bankruptcy debtor's transfer of tangible personal property to the City by "donation" under the enrcumstances set forth ul the ISTA Any affected creditor, bankruptcy trustee, or any other party-ul-ulterest, w~thin the meaning of the Bankruptcy Code, has standing to attack such a transfer and seek to set it aside I am not sure that an agreement or an uldemmficaUon regardulg the ~ssue of bankruptcy and the adequacy of consideration supportulg the "donation' from Robson to the C~ty to cover this risk would be effectual and/or enforceable, e~ther between the parties, or v~s-i-v~s a bankruptcy estate March 22, 2000 Page 5 3 Another area of polentia~ nsk pertains to property toss and casualty claims agamat th~ City tan-gthle personal prop~.,ls complete, with a idocument being signed manifesting the City's acceptsnce, of~the,tar~ble pcrsona~ prope~rt~ from Robson, and once possession of the pipes, hnes, and other matenals has been dehvered to the property site (owned by Robson), the tanlpble personal property would remain on Robson's property until It would be installed by the contractor and ultunately dedicated to the City by Robson for public use This "gap" per/od, which could be several weeks, or conceivably, a number of months m duration, would present a risk-of-loss that the City would have to deal with In the event of theft, natural catastrophe, flood, or other casualty, the City, as holder and owner of legal title to the tsn~blc personal property would need to insure against any such loss Probably a manne floater manranco arrangement would cover tbs nsk of loss Robson would have an insurable mtarest as the owner of the realty upon which the tangible personal property is stored, pending its mstallatwn as infrastructure, at whtch later time said infrastructure would then become a part of the realty However, Robson would not own legal title to the tangible personal property "donated to" or "possessed by" the City The manne floater casualty insurance coverage referred to above would cost thc City prermum dollars Conceivably, were the City to move forward with the proposed ISTA, then perhaps the ISTA or another agreement could be entered into which would pmwde for Robson to pay the apphcable lnanrance prermums on the City's coverage dunng the "gap" penod Another posslhihty Is for the City to take dehvery of the tangible personal property on Its own grounds or prenuses, which are under its chrect control or secunty Still however, there Is the possibthty ofa nsk-of-loss m tlus scenario as well 4 There Is a reasonable pmbablhty that the State Comptroller would exanune the ISTA transaction, nught seek to attack the ISTA if it were not oerfectlv executed by Robson and its contractor, and then by Robson and the City The City does not have a great deal of control over the "separated contract" by and between Robson and the contractor The elements of 34 TAC Section 3 291(/) requtre cemphance by all three parhes to this type of transaction In the event of Robson and its contractor falling to comply adequately with the narrow exception m Section 3 291(0, the City should reasonably expect an mdemmficatlon from Robson, holding the City harmless from any loss or hahihty m the event that the State Comptroller detemunes that sales tax was properly due, and not exempted, and that the City rmght have some degree of responslbthty regarding the collection of the tax ltsel/; or perhaps m facthtatmg the avoidance of sales tax by Robson Even if the City was able to exact an mdemmfication agreement with Robson to apply to this type of further risk, its Is my assessment that It would make the City appear m a less than favorable hght vath the State Comptwller m the event the Comptroller detemuned that sales tax was m fact, due and owing March 22, 2000 Page 6 ~' ~ ~ ? As you can see, the usual Clty/Contr~tor, two. party "City project" transacUon does not revolve the If the City enters mto a modified ISTA vath Robson, It vail be subject to at least the four nsks set forth m the above-numbered paragraphs ,~ As I understand it, to date no other developer has requested the City to enter into an ISTA or smular arrangement Were the City to proceed with an ISTA voth Robson, notwithstanding legal nsks, and the' four above-noted other elements of risk, then it is poaslble that a number of other developers would somehow learn of the ISTA vebacle, as well as the City's wHhngness to enter into such an, arrangement w~th Robson It is reasonable to assume that these other developers will expect sumlar treaiment and consideration from the City for their projects At that point, It Is forseeable that the C~ty would be mvolved with a number of three-party arrangements, resulting m more contract adnumstration responsibilities, more momtonng responsibility, more nsks as identified above, as well as potentially sacrificing some degree of control over the quahty of design and quahty of tangthle personal property to be installed as the infrastructure Tlus case is adrmttedly somewhat umque m scope Robson adamantly destres to construct the wastewater treatment plant and related m.frastructure for its own development at a considerable cost There is also a chance that a request such as tlus would never surface again It is conceivable that a developer (not neceasanly Robson) rmght enter into a contract w~th its contractor for the constructmn of infrastructure to be dedicated ulUmately to the City for pubhc use, whereto the materials mcorporated into the project nught be substandard, and the City would have less degree of control over the design and installation of the infrastructure under the ISTA arrangement On January 26, 2000, I spoke by telephone w~th Andrew Pachardson, Tax Speciahst, employed by the Sales Tax Dlwsion of the State Comptroller's Office m Austin After considering the proposed ISTA transaction that I described, Mr Rachardson indicated to me that it would probably be the Comptroller's poslt~on that sales tax would be due on the proposed transaction, notw~thstanchng the prowsions of Sec~on 3 291(0 I have thus far been unable to locate any applicable legal authority that expressly legally supports the City entering mto and part~cipatmg m an ISTA transaction for the clear purpose of exempting the state and local sales tax of a developer However, because of the unportance of tune regarding the ISTA determination issue, I mwted Mr Poulos of Robson to slmphfy matters by prowdmg me w~th a clean legal opunon obtained from Robson's counsel, or some written commumcatlon ~oro the Texas State Comptroller's Office addressing the issues I told hun that I would not necessarily rely on such opnuon, but that it would be a valuable starting point for me m malong my recommendat~ous to the City I indicated that if lus corporation was going to benefit m the range of from $150,000 to $250,000 should the ISTA March 22, 2000 Page 7 velucle be successful, then shouldn't Robson prbvade the City that assistance9 Mr Poulos declined to do so That brings me to the two questions' (1) Is Robson aware of any legal basis or authority for then: clarmed entitlement to thc exempUon provided ut 34 TAC Sec 3 2917 (2) If flus proposed ISTA is lawful and viable, why doesn't Robson advocate the Issue w~th the State Comptroller's office, as it is to Robson's advantage to the sum of up to $250,000 to do so? The next questions that I beheve are relevant for your consideration are business and policy issue that I will not express my personal opuuon on (1) What Is the upside for the City entering into the proposed ISTA wth Robson9 (2) Exactly how much posturing and risk is the City pr~ared to take m order to cooperate with Robson m efforts to secure a moderate sales tax benefit for the benefit of Robson resulting from a clatmed exemption from sales tax'~ (3) Is an "I'm sorry Denton is unable/unwilling to do the present proposed ISTA transaction" response to Robson a deal-loller wRh Robson, or would it otherwise jeopardize the entue proJectq In summary, after exanunmg the law, rewewmg the ISTA, and considering the reformation available to me, and considering the totality of cucumstances that I am currently aware of respecting the proposed ISTA transactmn voth Robson, I am unable to proxqde you w~th a "clean" legal opmaon concerning the vahchty of the proposed ISTA and the application of 34 TAC Sec 3 291 to it I beheve that the appheable law does not support the validity ofRobson's assemon and proposed ISTA transaction, and that facially, the provtsions of 34 TAC Seclaon 3 291 are insufficient to vahdate the proposed sequenUal transacUons described above It is my opuuon that the proposed transaction would more than hkely not produce the tax exemptmn sought by Robson, wtule at the same tune, would subject the City to needless scrutiny or criticism by the Comptroller After completing the above analysis of the present ISTA advocated by Robson, I thscussed the transaction w~th Herb Prouty I want to pomt out that it is my behef that the door should still be open to,pursue alternatives wath Robson, considering the unportance of the Robson projoct to the City Council and the City There are probably other avenues from wbaeh to approach Robson's sales tax exemption issue, wluch benefit Robson, but probably do not revolve as much risk to the City These are March 22, 2000 Page 8 (1) There has bean no negotmtion vnth Robson's m-house or outside attorneys on the proposed ISTA issue There is some possiblhty that a transaction could be exemption/cOntrol Of de.~lgn and consffllOtlon area, wlule at the same th-ne talong into accoun~ ~h8 need ~ddress the C~y's concerns and perceived risks Ttus oplmon has hler~ly~hnalyzed Rbb~oh*slfirst, draf~ of~'hat amounts to a legal concept plan (2) Herb has pointed out to me that a possible transaction to consider is one where the City braids the wastewater treatment plant and related uffrastructure The City interfaces w~th Robson regarding the design and construction of the facilities, but the City bids the project and enters into a contract w~th the pnme conlractor who Is the successful bidder In tins transactaon, the sales tax exemption is assured under existing state law There would need to be a side agreement by and between the City and Robson that would prowde for progress payment ~annbursemant of the City by Robson dunng the design and constxuctlon penod Tlus financial obhgat~on would need to be well-secured by appropnate bonds, letters of crecht, or other methods of assurance of Robsun's payment obhgat~on to the City Last mght, the City Council approved an Interlocal Cooperation Agreement betwean the City and Denton County for road construcUon Apparently, m that agreemant, the City is reqmred to construct the road and the County is bound to pay the City The City/County transaction, m my opmaon, is probably &stmgmshable from the proposed City/County mterloeal transaction, as both the City and Robson are not subject to the prowslous of the Interloeal Cooperat~un Act (3) Of course, the sunplest alternative for the design and constructmn of the wastewater treatment plant and related mfrastrocture m the Robson development is for the City to bid and contract for bmldmg the factht~es itself, wlule working hand-m-hand vath Robson respecting design, construction, and related lSSU~ This altemat~ve calls for Robson to pay the City all water and wastewater unpact fees prowded by law In conclusion, I reiterate that there are, m addmon to the legal issues, important risk, habihty, business, fiscal, pohcy, and pohtical issues intertwined voth Robson's present ISTA request I do not, from my posit~on, note any commensurate reward or mcantlve for the City to enter into the transaction as it is now structured/proposed Should you have any questions, commants, or additional requests, please drop by or telephone me at -8158 March 22, 2000 Page 9 AGENDA INFORMATION SHEET A~lendaNo A~enda Item AGENDA DATE: May 23, 2000 DEPARTMENT: Planning Department CM/DCMIACM: David Hill, 349-8314 SUBJECT - A-99 (Sherman Road,4rena &re) Hold the second of two public hearings to consider the proposed involuntary annexation of approximately 250 acres generally located west of Sherman Dr approximately 3,600' north of Loop 288 In the extratemtonal jurlsdmtmn of the City of Denton, Texas Thc zoning at the time of the annexatmn will be Agricultural (A) BACKGROUND In accordance vath the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the ETJ when significant developments are proposed" · On February 24, 2000 the Development Review Committee reviewed a Pre-design application for a proposed development consisting of 53+ acres for a 10,000 seat arena, 1,000 animal stalls, parkang and a mulu-story hotel, 14-15 acres of commercial development, 156+ acres residential (104 lots), and 58+ acres open space · The Comprehensive Plan identifies this property to be vathm the "Neighborhood Centers" District These areas may develop in conventional patterns or may be developed m a pattern of 'neighborhood centers' The property also has 100-year floodplain on ~t Although Single,family development ~s consistent w~th the intent of the Comprehensive Plan the proposed arena, hotel and enmmerclal development is not · On March 28, 2000, City Council dtrected staff to inmate annexation procee&ngs The preliminary annexataon Service Plan has been revised for City Council and pubhe remew during the annexation process (see Attachment 4) The capacity of infrastructure such as water, waste water, streets and electric serwee and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexauon PRIOR ACTION/REVIEW The followang is a chronology of A-99, commonly known as the Sherman Road Arena Site February 24, 2000 - DRC Pre-design March 28, 2000 - City Council directs staffto initiate annexation proceedings May 16, 2000 - City Council conducts first public heanng 1 FISCAL INFORMATION None at th~s t~me ESTIMATED PROJECT SCHEDULE This ~s the second of two pubhc hearings to be conducted by the C~ty Council concermng this annexation. The schedule for pubhc heanngs ~s consistent w~th the reqmrements of State law (See Attachment 3) SUGGESTED RECOMMENDATION The Comprehensive Plan ~dentffies flus property to be w~th~n the "Neighborhood Centers" District These areas may develop ~n conventmnal patterns or may be developed ~n a pattern of 'neighborhood centers' The proposed development would be m confl~ct w~th the Comprehensive Plan and would reqmre that the plan be amended for flus property and adjacent properties The property also is ~mpacted by the locatton of a 100-year floodplain, whmh ~s designated and an enwronmentally sensitive area (ESA) The subd~ws~on regulations would apply, but the ~ntenm regulations govermng the protection of ESA's would not be m effect unless flus property ~s w~flun the c~ty hm~ts Since flus property ~s outside of the c~ty hm~ts, land use, zomng and development regulatmns and standards would not apply to the development of flus property Annexatmn of the property would ensure that such c~ty standards would be m effect as flus proposed development proceeds Staff recommends that the C~ty Council conUnue to pursue annexation of th~s property as proposed ~n the attached schedule ATTACHMENTS 1 Location Map 2 Zomng Map 3 Annexation Schedule 4 Serwce Plan 5 500 Foot Not~ce Map 6 Denton Mobility Map 7 Utthty Map 8 Property owner letter of opposmon ~lly submitted Powell, AICP D~rector of Plannmg and Development Prepared by 4; P. (chhart Assistant D~rector of Planmng and Development 2 Atachment 1 ~ Arena Development (A.99) NORTH LOCATION MAP Scale None 3 Attachment 2 ~ Arena Development (A-99) NORTH Scale None Attachment 3 A-99 (Sherman Arena) ANNEXATION SCHEDULE Apnl 30, 2000 Not~ce pubhshed ~n Denton Record-Chronicle for first pubhc heanng ~ Annexabon Study prepared and available for pubhc review ~ Service Plan prepared and available for pubhc review May 7, 2000 Notice pubhshed ~n Denton Record-Chremcle for second City Council pubhc heanng May 14, 2000 Nobce pubhshed in Denton Record-Chronicle for Planmng and Zoning Commission pubhc heanng May 16, 2000 C~ty Council conducts first pubhc heanng · Public notice must be no less than 10 days and no more than 20 days before pubhc heanng May 23, 2000 C~ty Council conducts second pubhc heanng (Special Call Mtg ) · Pubhc not~ce must be no less than 10 days and no more than 20 days before pubhc heanng May 24, 2000 Planning and Zoning Commission holds a pubhc hearing and considers making a recommendabon to the C~ty Council regarding the proposed annexation and the proposed zoning · Pubhc nobce must be no less than 10 days before pubhc heanng June 20, 2000 City Council by a four-fifths vote ~nst~tutes annexation proceedings F~rst reading of annexabon ordinance · Acbon must be more than 20 days after the second pubhc hearing but less than 40 days from the first public heanng July 1,2000 Pubhcabon of annexation ordinance in Denton Record-Chromcle · Annexation ordinance should be sent to newspaper no later than Fnday, June 23, to ensure ample preparabon time Aug 1,2000 C~ty Council by a four-fifths vote takes final action Second reading and adoption of the annexation ordinance City Council considers approval of zoning request · Council action must be more than 30 days after pubhcatlon of ordinance and less than 90 days after council ~nsbtutes annexation proceedings 5 ATTACHMEN F 4 ANNEXATION SERVICE PLAN CASE NUMBER A-99 (Sherman Road Arena) AREA 281 Acres LOCATION West Side of Sherman Drive, approximately 3600 feet north of Loop 288 Mumc~pal servmes to the s~te described above shall be furmshed by or on behalf of the C~ty of Denton, Texas, at the following levels and m accordance w~th the following schedule A Police Protection 1 Pohce serwce, ~ncludmg patrolhng, response to calls, and other routine fnnct~ons, w~ll be prowded to the property w~th~n s~xty (60) days after the effective date of the annexation using ex~st~ng personnel and eqmpment B F~re Protection 1 F~re protectmn (w~thm the hm~ts of ex~stmg hydrants) and emergency me&cai servmes will be prowded to the property wthm s~xty (60) days after the effective date of the annexatmn using ex~st~ng personnel and eqmpment C Sohd Waste Collection 1 Sohd waste collectmn servme will be provided to the property w~thm s~xty (60) days after the effective date of the annexatmn One add~tmnal residential collection truck and three new employees wall be reqmred to servme the proposed project D Water/Wastewater Facilities 1 Mmntenance of water and wastewater facd~t~es ~n the area to be annexed that are not within the servme area of another water or wastewater utility will be begm w~thm s~xty (60) days after the effective date of the annexatmn using ex~st~ng personnel and eqmpment 2 The Water D~stnbutmn System Master Plan includes a 54-tach transnnssmn hne from the proposed Lake Ray Roberts Water Treatment Plant to the Loop 288 ~ntersectmn w~th Sherman Dnve Th~s 54-meh hne along Sherman Dnve will cross the proposed armexatmn area The schedule for completion of the 54-tach water hne and the water plant ~s approximately the summer of 2002 Access prior to the year 2002 w~ll be expensive It will mvolve off-site water hne extension to the south of Loop 288 to connect to the ex~stmg water dlstnbut~on system The ~mpact of annexation and development of the subject tract can be accommodated w~th the proposed 54-tach transmission lme and the Ray Roberts Water Treatment Plant w~thout stressing the water system If the development chooses to extend off-site water hne to connect to the emstmg water d~stnbut~on system the nntml years of development nntfl the year 2002 can be accommodated ANNEXATION SERVICE PLAN (A-99) Sherman Road Arena 3 The Wastewater Collection System Master Plan includes an interceptor sewer along Mflam Creek Th~s interceptor sewer is not wathm the 5-year Capaal Improvements Plan Also this proposed interceptor sewer ~s approxamately 7,500 feet away from the proposed annexation area The viable wastewater service for the subject site will revolve construction of a hft statmn and force mmn to tie-an into the exmtmg collection system The wastewater discharge from the annexed area needs to be evaluated to determine downstream ~mpact on the exast~ng collection system E Drainage 1 Maintenance and drainage faclht~es that are contained w~thln a pubhc drainage easement m the area to be annexed will begin within s~xty (60) days after the effective date of the annexation using existing personnel and eqmpment Development of the floodplmn will be subject to Caty of Denton Subdavlsaon Regulations and Interim Development Ordinance F Roads and Streets 1 Matntenance of roads and streets, including road and street hghtang, in the area to be annexed will begin within sixty (60) days after the effective date of the annexataon using existing personnel and eqmpment G Parks and Recreation Facdatms 1 Mmntenance of parks, playgrounds, swimming pools, and other recreatmnal famhties m the area to be annexed wall beg~n w~thln sixty (60) days after the effective date of the annexation using existing personnel and equipment However, there arc no existing parks, playgrounds, swamm~ng pools, and other recreational factht~es m the area The closest park ~s Avondale Park, located at 2021 Devonshire, 1 mile south of the subject site Additional parks developed to service the proposed sate would cost $3,454 00 per acre w~th the potentml for 0 5 to 0 7 FTE ad&taonal personnel per 1,000 population served H Electric Facilities 1 As an electric utility, with an obhgat~on to serve ~n any area, ~n which they are certified by the PUC, annexation does not effect service provided I L~bCary Services 1 No additional Library services are antmapated an the general area of the annexation t~xlst~ng facilities are capable of providing immediate services to the subject sate ANNEXATION SERVICE PLAN (A-99) Sherman Road Arena J. Code Enforcement 1 Code enforcement services wall be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment K. Building Inspections and Consumer Health Services 1 Building inspections and consumer health services will be prowded upon the effective date of the annexation using existing personnel and equipment L Planning and Development Services 1 Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment The Planning and Development Department currently provides services this property by way of admmlstration of Chapter 34 of the Code of Ordinances, concerning subthvlslon and land development regulations M Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magmtudc of problems as related to comparable areas, established technical standards and professional stud]es (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be considered for CIP improvements in the upcoming CIP plan This property will be considered accorchng to the established guidelines Attachment 5 ,~ Arena Development (A-99) NORTH 500' NOTIFICATION MAP Scale None 9 Attachment 6 ~ Arena Development (A-99) NORTH DENTON MOBILITY PLAN MAP Scale None 10 ATTACHMENT 6 ~ NORTH Arena Development (A-99) UTILITIES MAP · Hydrants .... Water Line (W L ) .... Sewer Line (S. L) Scale. None ATTACHMENT 7 DONALD J. CARTER 7736 FM 428 Denton, TX 76208 May 9, 2000 To the Members of the Denton Caty Council and Denton Planmng & Zomng Commasslon I am the owner of the property subject to the proposed ~nvoluntary annexatmon and zoning (A-99) I also own the property threctly across Sherman Drive from the subject property I strongly oppose the proposed annexataon and change an zomg at the current tame Thas property as under contract to be sold to Mr Ed Pickett, Trustee, wath a closmg date of May 31, 2000 The annexataon and re-zomng of tins property prior to ~ts acqms~taon by Mr Pmkett as premature and strongly opposed by me and my wafe, L~nda Jo Carter If Mr Packer fails to close on the purchase ofthas property, we have no plans to pursue Mr Pickett's development proposal and have no desare to see our property incorporated mto the C~ty of Denton S~ncerely, ~ Donald J Carter cc Wall~am J Dahlstrom, Esq 12 NOTICE OF PUBLIC: HEARING A-99 The Planning and Zoning Commission of ~ile City ol Denton will hol(I a public hearing on Wednesday. Ma}. 24, 2000, to consider making e recommendation to City Cou]'~cil regarding the proposed ~nvolunta~ annexation and zoning of approxlmatel 250 acres eno I ePlXOxtmate 3,600' n Y 9 raly located west of Sherman Dr ly orth of Loop 288 in the extraterntonal Jurtsdic,flon of the City of Denton, Texas (ese map~ on back$1cle) The zoning at the time of the annexation will be Agrtculturn/(A) The meeting will be held et 6 00 PM in the C[ty Coun~l Chambers located ~1 Ci~! Ha;I at 215 E Mc. Kinney Street Denton, Texas ~ public hearing will start at 8'00 p m in th~ City Council Chambsre of City Hall located at 215 E McKinney Street, Denton, Texas Beoausa ~u own propel'~y wi~hfn hvo hundred (200) feet of the subject property, the Pier. ling and Zoning C¢~mlssion would lika to hear how you feel about the Z~L~~ a~d invltes you to ettend the public hearing F'lease, In order for your opinion to .,....o~.~pmn,~;~rs you from atten~#ng and pa~tlclpabng in ~he publm heenng.) You may fax tt to the ~umber looatad at the bottom, mall It to the address Below, or drop it cfi in-person Planlllng and Davalopmont Department 221 N. Elm ST' Denten, Texal 16201 Attn' Lar~y Rei~;hhart, Assistsm Planning D~,ector The zoning process includes two public hoistings designed to provide opportunities for citizen involvement and comment Prior to the public hserings, landowners within two hundred (;~00) feet of the subject Dreperty are n~fled of the zoning request by way of this rtotice The first public hearing is held before the Planning and Zoning Commies,ion The Comn-,i.,~si¢~n is informed of the peroem of msponses~n support and in opposition Second the zoning petit~0n Is forwarded to the City Council for finn/ac~iott providing the Commission recommends apl~rOvah Should the Comn'ussion recommend denial, thai petitioner may Ihen appeal the requeel to the City Cauncil If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the llite submit written opposition, then am out of seven votes of the City Council are requi,recl to approve the zoning change These forms are used to calculate the Pementage of landowner opposition. Plea~ circle one. In favor of request Neutral to request ~eque~'~ Comments. S~nature _ ~~ Prlnte~ Name, Donald'.. Car~er , -- MamngAddmss 4761 Frank Luke Dr. C~ty.$tate Zip Addison, TX 75001 Teleghone Number' . 972-7~.3-07..02 Phy~calA~13ras$ofProperbj%.~thiIlZ00f~t ~77_3.6 FM 428, Den_t_on, TX 76208 CITY OF DENTON, ' - .... " ~"L~'~ CITYHA~.L WE~T , DENTON TF. XAS ?~201 , 9403498350 · 13 AGENDA INFORMATION SHEET AGENDA DATE May 23, 2000 DEPARTMENT C~ty Manager's Office / CM M~chael W Jez, C~ty Manager/~ SUBJECT Consider a motmn to authorize the holding ora C~ty Councd meettng outside of City Hall BACKGROUND On August 5, 1997 the Council adopted Ordinance No 97-220 which allows the holding of Councd meetings outside of C~ty Hall under certmn circumstances Th~s was in accordance with Section 2 05 o£the City Charter and Sect]on 4 1 of the Rules and Procedure of the City Councd The ordinance mdmates that the Councd may hold meetings m places away from City Hall so long as the Mayor announces the location of that meeting at the City Councd meeting ~mmed~ately preceding the meeting to be changed, and a motion or simple resolution ~s approved by at least four members o£ the Councd On Wednesday, May 31, 2000, the Councd will be holding a jmnt meeting w~th the Denton Independent School D~strlct Board of Trustees at the DISD Central Servmes Bmld~ng Approval of this motion w~ll allow comphance w~th Ordinance No 97-220 Ordinance No 97-220, Section 2 05 of the Charter and Section 4 1 of the Rules and Procedure are attached for your review Respectfully submitted alters uC]ty Secretary AN ORDINANCE AUTHORIZING THE CITY COUNCIL, UNDER THE CIRCUMSTANCES SET FORTH HEREIN, TO HOLD MEETINGS OUTSIDE OF CITY HALL, VALIDATING PREV1OUS MEETINGS AND ACTIONS, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Hall or the Denton Municipal Building Is in the process of being renovated and is not available for City Council meetings during the period of renovation due to lack of appropriate space to accommodate all members of the public, lack of proper access to persons with disabilities and due to potential dangers and inconvenience to the members of tile general public during construction, and WHEREAS, the City Council from time to t~me may need to hold meetings away from City Hall to serve the public interest, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I The C~ty Council, for the period from July 1, 1997 until the Council Chambers in the City Hall at 215 East McKinney Street, are completely renovated and ready for public use shall hold all its meetings in the Police Department Conference Room, the Central Jury Room and other areas of the Denton Municipal Complex at 601 East Hickory Street, Denton, Texas, unless it directs the meetings be held in another location by ordinance or resolution SECTION II That the City Council shall hold meetings on the budget beginning at 9 00 a m on August 8 and August 15, 1997 in the Golden Eagle Suite in the University of North Texas Union Building at Prairie at Avenue A, Denton, Texas SECTION III In accordance with section 2 05 of the City Charter and section 4 I of the Rules and Procedure of the City Council, the City Council may from time to time hold joint meetings with the Denton Independent School District, workshop meetings, retreat and budget meetings and regular and special meetings in places away from City Hall that are readily accessible to all members of the public so long as the Mayor announces the location of that meeting at the meeting of the City Council immediately proceeding the meeting and, a motion or s~mple resolution is approved by at least four members of the Council, approving the meeting site All such meetings shall be held m accordance with Chapter 551 ofthe Govermnent Code SECTION 1V All previous meetings and all actions taken at those meetings held at a location,other than the City Hall at 215 East McKmney Street, including, without limitation, any joint meetings with the Denton Independent School District and the Denton Planning Commission, any workshops or retreats, are hereby affirmed, ratified and approved S_E_C_T. LQ._N~ That this ordinance shall become effectJve ~mmedmtely upon its passage and approval ~,~_._.~.__~ ///~-~ PASSED AND APPROVED this the ~ day of _ _ . , 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTOPdqEY 3 GIIARTER § 2 06 law, bat shell not l.Lcrfora wltb tbs mmmgerlal duties nnd responssbIlttles of tho c~ty mats oger Tho mayor shall Imve ~[ th. sam~ powers nnd prlvllege~ ns uny other councdmember, Including entitlement Lo vote upon ~1 mat~ers considered by tbs council, but sb~l have veto power ~q~o council shall, ns soon ns possible aRer tho mmu~ election, elec~ kern ~ts membersblp a mayor pro tern The mayor pro Lam sb~l ncr as mayer during tim absence or d,sabillty of Lbs mayor and If a va~cy occurs sb~l become mayor for tbs completion of tbs unexpired term (Ord No 79 86, ~ 2, 12 11 79, ratified 1 lB ~ee. 2 04. Vacancies In council. Where a vacancy In any place on the council sh~l occur, the vacant place sh~ be filled by a special election, and. where neces~a~, by a runoff election, in the ~ame m~ner provided in thl~ charter for the re~lar election or the cou~cilperaon B~cb speci~ electlon nhall be held on a Saturday witblu s~ty (60) days following tho creatzon of the vac~, ~d the runoff election, where necess~, ~h~l be bald on the fourteenth day ~er the preceding election, provided, however, that where a vacm~ ~b~l occur witlnn one bun~ed ~d twenty (120) days or a rewdar election, no speci~ election to fix Lbo vacancy ~hall bo ~led, unless (Oral No 7612, Ameud No 2,4576) ~ec 2 06 Meetings of the council (a) On tile second (2nd) Tuesday in April, or ns soon therenRer ns pr.ctlcnble, the council sh~ll meet ~t the city hall and the newly elected members slmll qu~ffy mtd assume the duties of office ~ bereaRer, the council sh~l mee~ re~l~ly nt such times as moy be prescribed by its rules but not less frequently titan once each ~endar month All meetl.gs of tbs council sh~l be held at the city hall unless tho codncll slmH by ordinance or resolution desi~ate ~other place (b) ~peci~ meetings sh~l be c~led by tho city secret~ upon request of the mayor, city manager, or ~ In~ority of the members of tim council (c) The city malinger sh~l attend ~[ meetings of the council nad may ~e discussiou of all nmtters coming before the council but sb~l bare no vote (etd ~o 79 86, ~ 2, 12 1~ 79, ratlHed 1 19 80) Sec, 2 0O Quorum, votl.g. (a) ~ m~orlty ofthe members oftbe council sh~l constitute u quorum for tbs of business, and the o~rmative vote of ~ m~orlty of the council sb~ll be ;tecessa~ to repe~ any ordinance or ta~e nny official ~ction 1. the nmne of the city, except as othe~lse provided m this ChirPer or by the gener~ Jaws of tho ;tats of Texas (b) The ayes and noes sh~l be t~en upon tho passogs of~l ordln~ces or resolutions mid the vote of each member shall bo recorded in tbs minutes (etd ~o 70 12, Amend ~o 3, 4 6 76; etd No 79 ~0, 6 2, 12 11 79, rntlHed ~ 19 (e) No staff member, other than a staff member having the floor, shall enter into any discussion either directly or indirect- ly without permission of the presiding officer. 3.3 Cltizens~ (a) Citizens ars welcome and invited to attend all meetings of the Council, and will be admitted to the CoUncil Chamber up to the fire safety capacity of the room. (b) All citizens will refrain from private conversations In the Chamber while the Council is in session. (c} citizens attending Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to the administrative staff. Any person making personal, impertinent, or slanderous remarks or who becomes boisterous while addressing the Council or while attending the council meeting shall be removed from the room if the Sergeant-at-Arms Is so directed by the presi- ding officer, and such person shall be barred from further audience before the CoUncil during that session of the council. (d) Unauthorized remarks from the audience, stamping of feet, applauding, whistles, yells, and similar demonstrations shall not be permitted by the presiding officer, who shall direct the Sergeant-at-Arms to remove such offenders from the room. In case the presiding officer shall fall to act, any member of the Council may move to require him or her to act to enforce the rules, and the affirmative vote of four (4) members of the council shall require the presiding officer to act. (e) No placards, banners or signs of any kind will be permitted in the CoUncil Chamber except exhibits, displays and visual aids Used t~ connection with presentations to the Council, provided that such exhibits, displays and visual aids do not disrupt the meeting. 3.4 EnforcemeDt~ The City Manager, in the absence of a designated law enforcement officer, shall act as Sergeant-at-Arms for the council, and shall furnish whatever assistance is needed to enforce the rules of decorum herein established. 3.§ Seatln~ Arran~eme~ The City Secretary, City Manager and city Attorney shall occupy the respective seats in the council chamber assigned to them by the Mayor, but any two or more members of the Council may exchange seats. / --~ 4.1 ~N_3~9~ The council shall meet at seven 'clock p.m. on the first and third Tuesday of each month or at any 5 other time. set by the council, unless postponed or canceled for valid reasons. All regular meetings of the Council will be held in the Municipal Building at 215 East McKtnney Street, or such loca- tion as the City Council may by motion, resolution or ordinance designate. 4.2 ~! Special meetings may be called by the Mayor, the City Manager, or by any three members of the Council The call for a special meeting shall be filed with the City Secre- tary in written form, and he or she shall post notice thereof as provided by law. 4.3 Workshoo Meetin~s~ Workshop meetings or work see,ions may be called using the same procedure required for special meet- ings. (See Sec. 4.2) The purpose of the workshop meeting is to discuss or explore matters of interest to the city, to meet with a City Board, Commission, or committee Members, city staff or officers of civic organizations, governing bodies or individuals specifically invited to the session by the Mayor, council or city Manager. These meetings are informational and normally, no final action shall be taken unlees the posted agenda indicates otherwise citizens or other interested persons attending the work cession will not be allowed to participate in the session unless invited to do so by the Mayor. citizens should be advised of the nature of th, work session and that their input may be received and consid- ered at a regularly scheduled council meeting where the agenda pro- vides for final actio~ to be taken on the matter. The purpose of this procedure is to allow the citizens attending the regular meeting the opportunity of hearing the views of their fellow citizens in a more formal setting. Any citizen may supply the City council a written statement or report regarding the citizen's opinion on a matter being discussed in a work session. If the Mayor invites citizens to participate in a work session, their participation will ce,ss at the point the Mayor closes the session to public input to allow the Council to give City staff direction as to needed information for the possible future meeting without distracting comment from the audience. 4.4 ~er~enov Meetin~s{ In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the city Manager or by three members of the Council, and it shall be suf- ficient if the notice is posted two hours before the meeting is convened. 4.5 Closed Meetinus{ The CoUncil may meet in a closed meeting pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, TEX. GOV'T CODE ANN. (Vernon 1994), as amended. t LAN loRLv~ LEGEND Row.shp ROW = ~2o ~OW = ~00 ROW = 95 ~OW = ~0 ROW = 80 ROW = 70 ROW = 60 U = Undefined V = Vadablo Widlhs