HomeMy WebLinkAboutOctober 10, 2000 Agenda AGENDA
CITY OF DENTON CITY COUNCIL ,~§01Ui8 item . "-7', _ -
October 10, 2000
A~er detemmmg ~at a quo~ ~s present ~d convemng m ~ Open Meeting, ~e C~ty Council
roll convene m a Closed Meeting of ~e C~ty of Denton C~ty Co.cd on Tuesday, October 10,
2000 at 5~15 p m ~n ~e C~ty of Denton Co~ml Work Sessxon Room, Denton C~ty H~I, at 215
E~t Mc~ey, Denton, Texas to consider specific ~tems when these ~tems ~e hsted below
~der th~Closed Meeting sec~on of ~s agenda ~en ~tems for cons~deration ~e not hsted
~der I Closed Meeting section of ~e agenda, the C~ Co.cd will not conduct a Closed
Meeting at 5 15 p m ~d will convene at the t~me hsted below for ~ts regul~ or specml c~led
meeting rhe C~ty Co~cfl rescues ~e right to adjourn ~nto a Closed Meeting on ~y ~tem on ~ts
Open Me~ ~tmg agenda consistent ruth Chapter 551 of ~e Texas Gove~ent Code, ~ mended,
as set fo~ below
Work Scs ~on of ~e C~ of Demon Ct~ Co~ml on Tuesday, October 10, 2000 at 6 00 p m m
· e Co~{ fl Work Session Room m Clly Hall, 215 E McK~ey S~eet, Denton, Texas at whmh
the follo~ mg ~tems will be considered
NOTE A Work Session ~s used to explore maRers of ~nterest to one or more C~ty Councd
Members or ~e C~ty M~ager for ~e p~ose of g~wng s~f &rect~on ~nto whether or not such
ma~ers sl toffid be placed on a ~e re~l~ or specl~ meeting of ~e Co~cd for c~t~zen mput,
C~ty Corn tcfl deliberation ~d fom~ C~ty action At a Work Session, the C~ty Co~ml gener~ly
receives tfom~ ~d prehmm~ repo~s ~d mfo~at~on ~om C~ty staff, offic~s, membe~ of
C~ty corn mRees, ~d the m&v~du~ or orgmzat~on propomng councd action, ff mwted by C~ty
Councd ~ r C~ty M~ager to p~m~pate ~n ~e sesmon Pmm~pat~on by ~n&wduals ~d members
of org~:~:at~ons mwted to spe~ ceases when ~e Mayor ~o~ces ~e session ~s being closed to
pubhc input Although Work Sesmons ~e pubhc meetings, ~d c~t~zens have a legal right to
intend, they ~e not pubhc heanngs, so mt~ns ~e not allowed to pmm~pate m the session
~less m~ted to do so by ~e Mayor ~y c~t~zen may supply to ~e C~ty Co.cfi, prior to the
beg~m~ of the sesmon, a ~Ren repo~ reg~d~ng ~e mt~zen's op~mon on the ma~er bemg
explore~ Should ~e Co~cfl &feet ~e maRer be placed on a regul~ meeting agenda, the stuff
wall gene~ly prep~e a fin~ repoa defimng ~e proposed action, whmh wdl be made avmlable
to all mt~ ~ens prior to ~e regul~ meeting at which c~t~zen ~nput ~s sought ~e pu¢ose of th~s
proced~ ~s to allow cmzens aaendmg the regul~ meeting the oppoaumty to he~ the wews of
their felk w c~t~zens wx~out hawng to attend two meetings
1 R ~ce~ve a repoa, hold a &scusmon, ~d g~ve s~ff dxrect~on concerning the c~ng of a
c~ ,needled h~dg~ ~n a c~ty building or pomon of a cxty bmldmg, a con&t~on of ~e use
of c~ty buildings, prow&ng for a severabd~ty clause, ~d prow&ng for ~ effective dine
2 Receive a repo~, hold a &scuss~on, ~d give staff dlrect~on concerning the ~dergro~d
conversion of overhead Denton M~xmpal Elecmc famht~es ~d ~e remmmng poles
b~mg used by other ~chxsed md~t~es
3 ~ecelve a repo~, hold a &scusmon, ~d g~ve
direction
reg~dlng
recycling
related
I~SUeS
4 ~ece~ve a repo~ ~d hold a &scusmon concerning a wholesale w~tewater ~emment
~+~ces conUact ~ ~e Ct~ of Argyle ~d ~ lnterlocal cooperation agreement by ~d
be~een ~e C~ of Demon, Texas ~d ~e City of ~gyle, Tex~ pe~almng to the
c~ns~ctmn ~d ms~lm~on of ~e ~avey~d Brach gravity flow wastewater mmn
City of Denton C~ty Councxl Agenda
October 10, 2000
Page 2
5 Receive a report, hold a d~scuss~on, and g~ve staff d~rectlon concermng the payment for
utility infrastructure services provided to residential and commercml development
6 Receive an update and make a recommendation for approval of the Water D~stnbut~on
and Wastewater Collection System Master Plan options and recommendations prepared
by Alan Plummet and Associates, Inc and Apphed Geographm Technologies, Inc
7 Receive a report, hold a d~scuss~on, and give staff d~rect~on regarding utd~ty bdhng
8 Receive a report, hold a d~scuss~on, and g~ve staff d~rect~on regarding an update on LINK
bus routes
9 Receive a report, hold a d~scuss~on, and g~ve staff d~rectlon regarding the draft
Development Code
CERTIFICATE
I certify that the above notme of meeting was posted on the bulletin board at the C~ty Hall of the
C~ty of Denton, Texas, on the dayof ,2000 at o'clock (a m )
(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 IN ADVANCE OF THE SCHEDULED
MEETING PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE
AGENDA INFORMATION SHEET
AGENDA DATE' October 10, 2000
DEPARTMENT' Library System
ACM Kathy DuBose ~
SUBJECT
Receive a report, hold a d~scuss~on, and give staff dlrect~on concerning the carrying of a
concealed handgun ~n a city building or port,on of a city building, a condition of the use
of e~ty btuld~ngs, providing for a severablhty clause, and prowd~ng for an effective date
~BAC G~UND
Since January 2000, the hbrary system on two separate occasions, has had individuals
enter the Emily Fowler L~brary openly &splaying firearms which they camed on their
person After d~scussmg the s]tuatwn w~th Pohce Chief, Gary Matheson, I have had to
institute a procedure for staff to follow ~n s~mflar c~rcumstances If such an event occurs,
all staff have been ~nstructed to call the pohce ~mmedmtely It is a§mnst the law for
anyone but a law enforcement officer to carry a handgun m open wew of the pubhc
except on their own property Deal~n§ with th~s problem raised the ~ssue of concealed
handguns in C~ty bmldmgs
In December 1995, the C~ty Council discussed authorizing the C*ty Manager to proscribe
written r~les and re§ulat~ons proh~blt~ng the can'ymg of a concealed handgun in a C~ty
building or facility These rules and regulations would have g~ven the City the aathonty
to d~splay s~gns erected at the entrances to municipal premises posting not~ce of the
prohibit,on The Council at that t~me &d not enact such an ordinance
After talking with the c~t~es of Carrollton and R~chardson who prohibit caffymg
concealed handg~ms m c~ty facilities as well as the Texas Attorney General's Office, I
have determined the necessary language for s~gnage at facthty entrances I have also
asked our legal department to rewew the steps necessary to enact such a prohibition The
first step reqmres that C~ty Council adopt an ordinance (see attached) creating a rule
prohibiting the carrying of a concealed handgun in a city bufldtng The second
reqmrement as stated ~n the ordinance is that approprmte s~gnage must be posted to
prowde not~ce to carry out the prohibition I have also attached an example of the
reqmred s~gnage
STAFF RECOMMENDATION.
Staff recommends that the Council request that an ordinance as a measure to declare that
handguns may not be earned in C~ty facilities be brought back for adoptmn
Respectfully submitted
D~rector of Library Services
Attachments
ORDINANCE NO
AN ORDINANCB OF THB CITY OF DENTON, TEXAS CREATING A RULB PROHIBITING
THB CARRYING OF A CONCBALED HANDGUN IN A CITY BUll.DING OR PORTION OF
A CITY BIJW.r)ING, MAKING COMPLIANCF~ WITH THE RUL]~ PROHIBrrING THB
CARRYING OF A CONCBALBD HANDGUN IN A CITY BUILDING OR PORTION OF A
CITY BIJW.DING, A CONDITION OF THE USE OF CITY BI31.DINGS, PROVIDING FOR A
SEVERABIL1TY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATB
WHEREAS, the City Council, with a v~ew towards the prevention ofcnme, has detemnned
b~vv ~c~once~.ed .han. di~.. ,should not be .c~ed ,- City buildings or pomons of City bulldml/s, even
y mose mmv~ouats wire .censes ]~ pursuant to Ar~cle 4413(29ee), Revised Statutes, and
~, the City Colmcfl has also detem~,ned that the cau'ymg of concenled h.ndguns
m City bmldin~ may pose a risk to the safe and orderly use of City bmldm~ and facih~es, and
~, the City Couned desues to estabhsh a rule prevenUul~ certain
mcludml~ mihwduals with a hcense pursuant to At,cie 4413 (29ee), Revised Statutes fi'om canymg
concealed handtpms in City bmlchn~; NOW THt/RBFORB,
TIiB COUNCIL OF THB CITY OF DENTON, TEXAS HBRBBY ORDAINS
.ql~.~Tlo~,l ! Persons, including but not limited to mchviduals hcensed to cany a concealed
handgun,pursuant to Article 4413(29ee), Revised Statues, shall be proinbited lk)m canym~ on or
about their person a concealed hand~n whle un a City bmldmg or a pomon ofi~ City burl,t,-s
.q~t'w'l~w Il The prolubii~on from carrym~ a concealed hand~uu wlule m a City btuldm~
or a pomon ora City bulldm~ shall not apply to persons
1) in the actual chschar~e oflms/her official duUes as a member of the armed forces or
state mlhtary forces as defined by Sact~on 431 001, Government Code, or as a
lpiard employed by a penal msutu~on, or
2) a peace officer, other than a person cormmssloned by the Texas State Board of
Pharmacy
.q~TIC~N UI Compliance with the above prolnbmon from carrying a concealed hand~un
,s a concht~on of the use of City buflihn~s or pomons of City btuldm~s
· ~RCTION IV, The City Manager or his designate is dtrected to post appropriate signa~e
and to pm,ado such other notices m accordance with Section 30 05 of the Texas Penal Code (the
Cnmmal Trespass Law) to carry out the above prohlbmon
sl~c~c~ V, The City Manager or lus designate is authorized to take all steps reasonable
and nooessary to deny entry or continued presence m City btuldmgs to any and all md~wduals m
wolatton of the above prolubmon including proseention of such v~olator~ for the offense ofcl*~rmns]
trespass
,~C!TICIN' VI, Tlus ordmauce does not m any way hmlt the power the City M~n~$er may
have to regulate the use of City propen'y or faclhUes
~I'~TIC~I~I VII If any section, subsection, paragraph, sentence, clause, phrase or word In
tlus onimance, or application thereof to any person or cu'cumstence Is held mvahd by any coui~ of
competent junsdiotion, suoh holding shall not affect the vahchty of the remmmng pomons of th~s
ordmauce, and that City Counc~l of the City of Denton, Texas hereby declares it would have
enacted such remaining pomons despite any such mvahdity
.~t"~TIC~'~I ~ Tins oramAnce .shs]l become effective ~mmediately upon ~ts passage and
PASSED AND APPROVED tins the day of ,2000
EULINE BROCK, MAYOR
ATTEST
.1ENNIFER WALTF_.~S, C1TY SECRETARY
BY
APPROVED AS TO LEGAL FORM
Aoenda item
AGENDA INFORMATION SHEET Date /ff//O/~7
AGENDA DATE October 10~, 2000
DEPARTMENT Electric
ACM Howard Martin, 349-8232
SUBJECT.
Receive a report, hold a discussion, and g~ve staff direction concerning the underground
conversion of overhead Denton Municipal Electric facilities and the remmmng poles bmng used
by other franchised utilities
BACKGROUND
As seen in Exlub]t I, Denton Mummpal Electric has converted many overhead electric lines to
underground famht~es dating back to 1994 These conversions were lnmated to help beautify the
City of Denton entryways and thoroughfares In most instances, other franchised utflmes have
remained on abandoned DME poles According to original Pole Use Agreements, an attaching
utility has the option of removing their faclhtles from the abandoned pole or purchasing the pole
for depreciated costs S~nce the poles only have a (20) year depreciated life span, the poles have
no billable value and there is no ~ncent~ve for the telephone company or cable company to spend
money to bury their cables
OPTIONS
1 Adopt a new Pole Attachment Agreement for franchised utilities attaching to DME poles
2 Maintain current conditions
RECOMMENDATIONS
Staff recommends approval of a new Pole Attachment Agreement pending review by C~ty legal
staff
Respectfully submitted
Sharon Mays
Electric Utility D~rector
Prepa'~rc~by /I ?
R~y~//~e'11s - -
Asslst~t Director
Exhibit I DME Conversions
Exhibit II Agreements
Exhibit III Draft Pole Attachment Agreement
Exhibit I - Denton Municipal Electnc Convers,ons
Description Utihty Date
Interstate
135-E - Chli~'s to Luby's GTE 94
I 35-E - Tia's to Luby's Charter 94
C'ty Thoroughfares
Bell - M~ngo to Withers GTE 95
Bell Place - McK~nney to Mingo GTE 95
Bell - McK~nney to Hickory Charter 97
Bell - McKmney to Hickory GTE 97
McKinney - Bell to Rail Road Tracks Charter 97
McK~nney - Bell to Rail Road Tracks GTE 97
McK~nney - New Courthouse to Ja~l GTE 98
West of Denton Community Hcap~tal GTE 99
Industrial - Bell to H~ckory Charter 99
Industrial - Bell to Hickory GTE 99
Mulberry - Industrial to Bell Charter 99
Mulberry - Industrial to Bell GTE 99
Elm - Mulberry to Sycamore Charter 99
Elm - Mulberry to Sycamore GTE 99
North Locust - Heritage to Hercules GTE 99
North Locust -Hentage to Hercules Charter 99
Tessley Lane - Wind River Lane to Ryan Road GTE 00
Teasley Lane - Wind R~ver Lane to Ryan Road Charter O0
I $5 East - Brinker to Loop 288 GTE 00
Crossings
Crossing Teasley Lane & Indian R~dge (span) Charter 94
Crossing Woodrow at Animal Shelter (p~pe) GTE 89
Crossing Woodrow at Golden Triangle Gymnast GTE 89
Crossing Woodrow at M & M Printing (pipe) GTE 89
Crossing Woodrow at Shady Oaks (pipe) GTE 89
Crossing Woodrow at Turbo (pipe) GTE 89
Crossing Woodrow at Warehouses (p~pe) GTE 89
Single Pole Structures
Teasley Lane & Londonderry (serwce drop Fred W TiIl~s, DDS) GTE 94
Bell and Withers Charter 95
Tessley Lane - South of Londonderry GTE 96
North Elm & Umversity GTE 98
Future
University Dr~ve - Carroll Blvd - Loop 288 Charter 01
Unwers~ty Drive - Carroll Blvd - Loop 288 GTE 01
South Locust - Collins to Pralne GTE 01
Exhibit II - Agreements
General Telephone Company
Pole Attachment Agreement
Signed - July 25, 1967
Amended - January 29, 1980
Amended - January 21, 1997
Term - Untal terminated
Franetuse Agreement
Signed - November 19, 1996
Term - Five (5) years
Charter Communications
Pole Attachment Agreement Sagned - May 7, 1979
Term - Five (5) years or until terrmnated
Franctuse Agreement
Sag, ned - November 15, 1988
Term - Fifteen (15) years
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
TPPA MODEL LICENSING AGREEMENT
FOR
COMMUNICATIONS ATTACHMENTS TO UTILITY FACILITIES
This Lmens~ng Agreement (hereinafter, the "Agreement") dated , ~s made by and
between [insert name of Utility] (hereinafter called "Utdlty"), Iff apphcable a
mume~pal or cooperative] corporatmn of the State of Texas, and (hereinafter
called "Licensee")
RECITALS
A Lmensee proposes to install new, or mmntmn ex,sting, cables, w~res and
assocmted eqmpment on Utd~ty's Poles and within portmns of Utthty's
Conduit System to prowde Commumcat~ons Services
B SubJect m all instances to considerations of Utihty's service requirements
including considerations of capacity, safety, rehab~hty, and generally
applicable engineering purposes, Utthty is wdhng, when ~t may lawfully do
so, to ~ssue one or more Permits authorizing the placement or installation of
Licensee's Attachments on Utlhty's Poles, or within Ut~hty's Condmt System
provided Utility shall have the absolute right to refuse to issue any Permit
hereunder whenever Utility determines consistent with applicable law that the
~ssuance of such Permit ~s not possible because of insufficient capacity or for
reasons of safety, rehablhty and generally applicable engxneenng purposes
[Note' The following Recitals may be used where the L~censee and Utility have
an cx~stmg pole attachment agreement]
C On , 19__, Utility and Licensee entered into a [insert name of
agreement] (the "19__ Agreement")
D By registered letter dated , Utility gave notice to Licensee that
Licensor was terminating the 200_ Agreement effective
E The partaes intend that this Agreement replace the 200_ Agreement on ~ts
termlnauon
1 4
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
AGREEMENT
In consideration of the promises, the mutual covenants, and the terms and the
cond~tmns contmned ~n this Agreement, the parties mutually agree as follows
I DEFINITIONS
For the purposes of this Agreement, the following terms shall have the £ollowmg
meanings
A Assigned Space means space on Ut~bty's Poles or within Utd~ty's Conduit
System that can be used, as defined by the Apphcable Standards, for the
attachment or placement of wires, cables and assocmted eqmpment for the
provision of Communications Service or electric service The neutral zone or
safety space ~s considered Assigned Space
B Attaching Entity means any pubhc or private entity that attaches to Ut~hty's
Poles or within the Utlhty's Conduit System to provtde Commumcat~ons
Service
C Attachment means each aerial cable together w~th ~ts associated messenger
cable, guy w~re, anchors, and associated hardware, and each amplifier,
repeater, receiver, appliance or other device or p~ece of eqmpment affixed to a
Utility Pole or w~thm the Utlhty's Condmt System utilized to provide
Communications Service, provided, however, that overlashlng an ex~st~ng
Attachment shall not be counted as a separate Attachment for calculation of
rates ff the same entity owns the overlashed cable and the new cable Th~s
definition shall not apply to commumcat~ons w~res or famht~es installed by the
Utility for ~ts own internal commumcat~ons reqmrements or to prowde energy
~nformatlon servmes such as automatm meter reading [Note Individual
utditles should determine whether the broad scope of this definition raises
any specific engineering or operational issues for them Utilities may
want to modify this defimtlon to remove the reference to amplifiers,
repeaters, apphances or other devices, or may want to add specific
language to address the placement of such facilities through the
permitting process.]
D Apphcable Standards means all applicable englneenng and safety standards
govermng the installation, mmntenance and operation of facdmes and the
performance of all work in or around electric Utility Fac~ht~es and includes the
National Electric Safety Code ("NESC"), the Natmnal Electrical Code
("NEC"), the Texas Health & Safety Code, Chapter 752 (Vernon 1992) and any
subsequent amendments wluch relate to the mmntenance of proper clearances
2 5
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
and related safety ~ssues, the regulations of the Occupational Safety and Health
Act ("OSHA") and/or other reasonable requirements of Utd~ty
E Cable Service means the provision of one-way transmission to subscribers of
video programming, or other programming service, and subscriber
interaction, ~f any, whmh is required for the selection or use of such video
programming or other programming service by a cable system, unless
otherwise required under applicable federal law such term shall not include
the provision of cable modem service for Internet and other data apphcatlons
by a cable system
F Common Space means space on Utlhty's Poles or within the Utdlty's
Condmt System that ~s not used for the placement of w~res or cables but whmh
jointly benefits all users of the Poles or Conduit System by supporting the
underlying structure
(t) For Poles ~ts shall mclude that portion of the Pole beneath ground level
up to the lowest place on the Pole at which a telecommunications
clrcmt may be attached,
(2) For Conduit Systems it shall include any mmntenance or emergency
space that is generally avadable, and encasement and rmnforcement
materials
G Communications Serwce means the provision of Telecommunications
Service or Cable Servace over wire or cable facilities utd~zlng Attachments to
Ut~hty's Poles or portions ofUtlhty's Condmt System
H Condmt System means Utthty's Conduit, Innerduct, manholes, vaults, risers,
pull-boxes and trenches
I Innerduct means flemble conduit Installed inside a larger rigid conduit for the
placement of fiber optm cable
J Jomt User means any governmental body, or other entity, ~ncludlng other
pubhc utilities which owns poles that are jointly used by Utility and to whmh
Utfuty has extended, or in the future shall extend, privileges to jointly use
Utfl~ty's Poles
K L~censee's Affihates means an entity owned or controlled by or under
common control with Licensee
L L~censee's Commumcat~ons Fatalities means all Attachments, ~ncludmg but
not hm~ted to cables, equipment and all associated eqmpment required to
3 6
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
physically place or install such wires or cables, owned and/or utilized by the
Licensee which attach to Utlhty's Poles or are placed w~thln Ut~hty's Conduit
System
M Make-Ready Work means all work, as reasonably determined by Utdlty,
required to accommodate the Licensee's Commumcatlons Facilities and/or to
comply w~th all Apphcable Standards Such work ~ncludes, but is not hm~ted
to, rearrangement and/or transfer of existing Attachments, inspections,
englneenng work, permitting work, tree trlmmtng, Pole strengthemng,
Conduit clearing and construction
N Occupancy means the use or specific reservation of space for Attachments on
the same Utdlty Pole or within the Condmt System
0 Other Licensee means a Jmnt User or any entity, other than the Lmensee, to
which Utility has extended, or ~n the future extends, a hcense to attach facthtles
to Ulallty's Poles or wltlun the Utthty's Conduit System
P Pedestals means above ground housings, usually constructed of metal, whmh
are used to enclose a cable splice and/or provide a service w~m connection
point
Q Pole means a pole owned by Utility used for the d~stnbut~on of less than 60
kv of electricity that is capable of supporting Attachments for
Commumcatlons Servmes, and does not ~nclude hght stands or brackets
affixed to such poles
R Permit means written authorization of Utd~ty for L~censee to make, or
maintain, Attachments to specffic Poles or place Attachments w~th~n a
specffic port~on of the Utfl~ty's Condmt System pursuant to the reqmrements
of the Agreement
S Pre-Permit Survey means all work or operations required by Apphcable
Standards or Utlhty to determine the Make-Ready Work necessary to
accommodate Licensee's Communications Facthtles on a Pole or within a
portion of the Utlhty's Condmt System Such work ~ncludes, but ~s not
hmlted to, field ~nspection, loading calculatmns and administrative
processing
T Reserved Space means designated space on a pole or w~th~n a port~on of
Condmt System that the Ut~hty has reserved for its core electric utility servme,
pursuant to a development plan that reasonably and specifically projects a
need for that space for the provision of core electric servme, ~nclud~ng mowng
the neutral as part of converting phases Such reservation may ~nclude space
4 7
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
for the future attachment of internal communications hnes owned by the
Utlhty, or hanging a transformer
U R~ser means metallic or plastic encasement matermls placed on vertically on
the Pole to grade and protect commumcat~ons wires and cables
V Service Drop means the last span that ~s installed to prowde service to an
md~mdual customer(s)
W Tag means to place d~stmct markers on w~res and cables, coded by color or
other means spemfied by Utd~ty, that wall readily ~dentffy the type of
Attachment and its owner
X Telecommunications Service means the offenng of telecommuarcat~ons for a
fee directly to the pubhc, or to such classes of users as to be effectively
avmlable d~rectly to the public, regardless of the faclhtles used
Y Utlhty Famhtles means all personal property and real property owned or
controlled by Utility, ~ncludmg Poles and Condmt System
II SCOPE OF AGREEMENT
A Subject to the prows~ons of th~s Agreement, Utd~ty hereby grants L~censee a
revocable, unasslgnable, and nonexcluslve hcense authorizing L~censee to
install and mmntarn Attachments to Ut~hty's d~stnbut~on Poles and w~th~n
Utthty's Condmt System
B Licensee and Utility agree to be bound by all provisions of th~s Agreement
and of the Permit(s) ~ssued pursuant to th~s Agreement
C The parties agree that Utdtty w~ll ~ssue a Permit(s) to L~censee only when
Utility determines, ~n its sole judgment, that 0) it has suffiment capacity to
accommodate the requested Attachments, (n) Licensee meets all reqmrements
set forth ~n this Agreement, and (m) such Permit(s) comply with all
Apphcable Standards The parties further agree that any access to Utd~ty's
Poles or Condart System made avmlable to Licensee pursuant to th~s
Agreement ~s to Utlhty's reserve capamty, which may be reclmmed by Utlhty
for future electric servme use, ~nclud~ng the attachment of commumcatlons
lines for ~nternal Utility operational reqmrements
5 8
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
D No use, however lengthy, of any of Utlhty's Facilities, and no payment of any
fees or charges required under this Agreement, shall create or vest in Licensee
any easements or other ownership or property rights of any nature in any
portion of such Fac~htles After ~ssuance of any Permit, Licensee shall be and
remain a mere licensee Neither this Agreement, nor any Permtt granted under
this Agreement, shall constitute an assignment of any of Utdity's rights to the
Utlhty Facilities
E Nothing in th~s Agreement shall be construed as granting Licensee any right to
attach Licensee's Commumcatlons Fac~htles to any specific Pole or port~on of
Conduit System or to compel Utlhty to grant L~censee the right to attach to
any specific Pole or portion of Conduit System
F Licensee is obligated to obtmn all necessary certification, permitting, and
franchising from Federal, state and local authorities prior to making any
Attachments
G The part,es agree that this Agreement does not in any way limit Utdlty's right
to locate, operate and mmntaln ~ts Poles and Conduit System in the manner
that it believes will best enable it to fulfill its own service reqmrements
H Nothing in th~s Agreement shall be construed to require Utlhty to install or
retain any Pole or portion of Conduit System for use by the Licensee when
such Pole or Conduit System is not needed for Utlhty's own servme
requirements
I Nothing in this Agreement shall limit, restrict, or prohibit Utility from
fulfilling any agreement or arrangement regarding Poles or Conduit System
into which Ut~hty has previously entered, or may enter in the future, with Joint
Users and Others Licensees not parties to th~s Agreement
J This Agreement shall only apply to Poles associated with the distribution of
electric power and not to any Utlhty facllmes associated with the generation
or transmission of electric power
K Nothing ~n this Agreement shall be construed to require Utlhty to allow
Licensee to use Utlhty's Poles or Conduit System after the termination of this
Agreement
L Licensee agrees that this Agreement is hm~ted to the uses specifically stated
above ~n the Recitals and any other use shall be considered a breach of this
Agreement
6 0
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
M Licensee agrees that this Agreement is the result of free negot~atlons between
Licensee and Utthty and the rates, terms and conditions embodied by the
Agreement are just and reasonable
III FEES AND CHARGES
A Licensee shall pay to Utility the fees and charges specified in Appendax A and
shall comply w~th the terms and conditions specified in Appendix A
B Irrespective of the date on which an Attachment is actually made, all fees shall
be calculated and payable for the entire year m which a Permit for such
Attachment is issued under this Agreement
C Utility shall lnvotce L~censee for the payments annually L~censee shall pay
each such invoice within thirty (30) days after Licensee's receipt thereof
D Licensee shall submit annually to Utlhty an ~nventory listing the number of
Poles and/or linear feet of Conduit to which ~t has Attachments and the
locations of all such Attachments This tnventory shall be effective from
January 1 of each year and shall be submatted to Utility no later than February
1 of each year Utlhty reserves the right to compare the information contmned
on the inventory to any actual field inspection or survey Any Attachments
not adentffied in such inventory shall be billed at three t~mes the current annual
rate In the event that Licensee fmls to submit an inventory, L~censee shall
pay Utthty, in addition to the current annual rates, all costs associated with
Utlhty's performance of an inventory of Licensee's Attachments
E If Utlhty does not receive any fee or other amount owed within thirty (30)
days after ~t becomes due, Licensee, upon receipt of ten (10) days written
notice, shall pay Interest to Utlhty, compounded daily from the date due until
the date paid, at the maximum rate permitted by applicable law
F Utility may make changes to the Fees and Charges set forth in Appendix A
upon at least sixty (60) days prior written notice to Licensee Notwithstanding
any other provision of this Agreement, Licensee may terminate this
Agreement at the end of such notice period ~f the change in Fees and Charges
is not acceptable to the Lmensee by g~mng the Utility written notme of its
elect~on to terminate th~s Agreement at least ten (10) days prior to the end of
the 60-day notme period All fees contmned ~n Appendax A are in effect and
payable until adjusted
G Licensee will be responsible for payment to Utility of all Make-Ready Work
required to accommodate Lmensee's Communmatlons Factht~es
7
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
H Licensee shall pay in advance all costs, including but not hmited to
administrative and Make-Ready Work expenses, in cormect~on w~th the initial
installation or rearrangement of Lmensee's Communications Facilities
pursuant to the procedures set forth m ARTICLES VI and VII below
I Licensee shall not use risers on Poles without Utihty's express prior written
permission On all Poles on which there are electric air switches or risers,
Licensee shall mstall its Attachments to such Poles using stand-off brackets
approved by Utility
J Wherever this Agreement requires Licensee to pay for work done or
contracted by Utility, the charge for such work shall include all reasonable
material, labor, engineering and administrative costs and applicable
overheads Utility shall bill its services based upon actual costs, and such
costs will be determined ~n accordance w~th Utihty's cost accounUng systems
used for recording capital and expense activities
K Wherever this Agreement requires estimated expenses to be prod prior to the
undertaking of an act~wty and the actual cost of activity exceeds the
estimated cost, Licensee agrees to pay Utility for the difference in cost To
the extent that the actual cost of the actlwty is less than the estimated cost,
Utility agrees to refund to Licensee the difference in cost
L Nonpayment of any amount due under tins Agreement beyond mnety (90)
days shall constitute a default of this Agreement
IV. SPECIFICATIONS
A When a Permit is issued pursuant to tins Agreement, Licensee's
Commtmlcatlons Facilities shall be installed and mmntalned in accordance
with the reqmrements and specifications of Appendix C-E, including the
electrical design and physical design specifications apphcable to Utfllty's
Condmt System All of Licensee's Communications Facilities must comply
with all Applicable Standards ~ncludlng the then current editions of the NEC,
the NESC and the Texas Health & Safety Code, Chapter 752 (Vernon 1992)
and any subsequent amendments winch relate to the maintenance of proper
clearances and related safety issues, each of which is Incorporated by reference
m this Agreement, with the rules and regulations of the OSHA, and with any
lawful rules or orders now in effect or hereafter issued by Utlhty or other
authority having jurisdiction over the premises
B Licensee agrees to Tag all of its Communications Facilities as specified in
Appendix C
8 11
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
C Licensee shall be responsible for the installation and maintenance of ItS
Communications Facilities Licensee shall, at its own expense, make and
malntmn its Attachments in safe condition and good repair, in a manner
suitable to Utility Notwithstanding the foregoing, because of the inherent
dangers in working in and around Utility Conduit, the parties agree that Utility
or its designated contractors shall perform all actual underground work
D Licensee shall not allow ItS Communications Facilities to impair the ability of
Utility or any third party to use Utdity's Poles or Conduit System, nor shall
Licensee allow its Communications Faclhtles to interfere with the operation of
any Utlhty Facilities
E If Licensee's Communications Facilities, or any part thereof, are installed,
used, or mmntmned in violation of this Agreement, and Licensee has not
corrected the violation(s) within thirty (30) calendar days from receipt of
written notice of the violation(s) from Utility, Utlhty may at ~ts own option
terminate the correct said conditions Utility will attempt to notify L~censee in
writing prior to performing such work whenever practicable When Utthty
reasonably believes, however, that such violation(s) pose an ~mmedlate threat
to the safety of any person, interfere with the performance of Utthty's
service obhgatlons, or pose an immediate threat to the physmal Integrity of
Utlhty's Faclhtles, Utthty may perform such work and/or take such action as
it deems necessary without first g~vlng written notice to the Licensee As
soon as practicable thereafter, Utility will adwse L~censee ~n writing of the
work performed or the actmn taken Licensee shall be responsible for paying
Utility for all costs Utdlty incurred taking action under this subsection
Notwithstanding the above, failure of the Licensee to timely cure a violation
shall constitute grounds for the Utility to terminate either the entire Agreement
or ln&vldual Permits
F Utlhty's service restoration requirements shall take precedence over any and
all work operations of the Lmensee on Utlhty's Poles or w~thln Utlhty's
Conduit System
O If the Lmensee does not exercise any access nght granted pursuant to this
Agreement and applicable permit within ninety (90) days of the effective date
of such right and any extension thereof, Utlhty may use the space scheduled
for Licensee's Attachment In such instances, Utility shall endeavor to make
other space available to Licensee, upon written request, as soon as reasonably
possible
9 12
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
V PRIVATE AND REGULATORY COMPLIANCE
A Licensee shall be responsible for obtaining from the appropriate public and/or
private authority or other appropriate persons any required authorization to
construct, operate and/or mmntam its Communications Facilities on public
and/or private property before it occupies any portion of Utthty's Poles or
Conduit System Utthty retmns the right to reqmre evidence that appropriate
authorization has been obtmned before any Permit is issued to Licensee
Licensee's obligations under th~s ARTICLE include, but are not limited to, its
obligation to obtain all necessary approvals to occupy pubhc/pnvate rights-of-
way and to pay all costs associated therewith Licensee shall defend,
indemnify and reimburse Utility for all loss and expense, including reasonable
attorneys' fees, that Utility may incur as a result of clmms by governmental
bodies, owners o£ private property, or other persons, that Licensee does not
have sufficient rights or authority to attach Licensee's Communications
Facilities on Utthty's Poles or with Utdlty's Conduit System
B Licensee's Communications Facilities must at all times serve a lawful
purpose, and the use of such Facilities must comply with all applicable local,
state and federal laws
C No license granted under this Agreement shall extend to any Pole or portion of
Conduit System on or within which the attachment of Licensee's
Communications Facilities would result in a forfeiture of Utthty's rights If
Licensee's Communlcataons Facilities would cause such a forfeiture, Licensee
shall promptly remove its Faclht~es upon receipt of written notice from the
Utility Utility will perform such removal at Licensee's expense after the
expiration of s~xty (60) calendar days from Licensee's receipt of the written
notice
D Consent by Utility to the constrnc'aon or mmntenance of any Attachments of
Licensee shall not be deemed to be an acknowledgment that Licensee has the
necessary authority to construct or maintain any such Attachments
VI APPLICATION FOR PERMIT PROCEDURES
A Licensee shall not install any Attachments on any Pole or w~thln any portion
of the Condmt System without first applying for and obtatmng a Permit
pursuant to the applicable reqmrements of Appendix C-E If Licensee already
has Attachment(s) on Poles or vathm the Conduit System on the effective date
of this Agreement, it shall within six (6) months apply for a Permit pursuant to
the applicable requirements of Appendix B for all such Attachments
Attachments to or rights to occupy other Utility Fac~htles will only be allowed
upon the execution of a separate Rader and/or a separate form of Agreement
pursuant to applicable permitting
10
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
B Consistent w~th apphcable law, the overlash~ng of an emstlng Attachment by a
non-affihated third-party ~s considered a separate Attachment requmng a
separate Agreement and prior authorization through the Permitting process
Absent such prior authorization, third-party overlashlng constitutes an
unauthorized Attachment
C Consistent with apphcable law, L~censees seeking to overlash their own
Commumcat~ons Faciht~es are not considered a separate Attachment and are
therefore not reqmred to obtain prior Permitting approval but are required to
prowde the Utility w~th prior notification of such overlash~ng and are reqarred
to have a registered engineer certify that the overlash~ng can be accomphshed
m comphance with the standards identified ~n ARTICLE IV, Paragraph A
[We recognize that the Committee d~scussed modifying this requirement
in order to treat any overlashing as a separate attachment
Unfortunately, th~s provision IS required under the FCC's Rules (and
therefore under Texas law) ]
D As part of the Permit apphcat~on process, a professional engineer must
conduct a Pre-Permit Survey and certify that L~censee's Commumcat~ons
Facilities can be ~nstalled on the ~dent~fied Poles and/or portions of the
Condu~t System m compliance the standards identified tn ARTICLE IV,
Paragraph A The professional engineer's experience must include similar
work on electric utflgy systems
E Upon recexpt of a properly executed Apphcat~on, mclud~ng certified Pre-
Permit Survey, Utility will rewew the Permit Apphcat~ons w~thm a reasonable
period of t~me, and d~scuss any ~ssues w~th L~censee, including unusual
engineenng or Make-Ready reqmrements assocmted with the Apphcatton
Utahty acceptance of the submitted design documents does not reheve the
professional engineer and L~eensee of full responsibility for any errors and/or
omissions in the englneenng analys~s
F If Make-Ready Work is required to accommodate L~censee's Attachments,
Utality or ~ts contractors shall perform such work pursuant to Article VII
G If the Utility receives Permit Apphcat~ons for the same Pole or portion of
Condmt System from two or more L~censees within one hundred and twenty
(120) days of one another, and accommodating their respective requests would
require replacement or modification of the Pole or Conduit or rearrangements
of existing Attachments, Utihty shall follow the procedures of Article IX
H Upon completion of Make-Ready Work Utility shall request payment of
actual costs of such Work
11 ~4
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
I After receipt of payment for any necessary Make-ready Work, Utthty will sign
and return the Apphcataon Permxt which shall serve as authorization for
Licensee to make ~ts Attachment(s)
VII. MAKE-READY WORK/INSTALLATION
A In the event Utflaty determines that at can accommodate Licensee's request for
Attachments, it will upon request adwse Lmensee of any emmated Make-
Ready Work charges necessary to accommodate the Attachment
B Upon completion Lmensee shall pay Utthty's actual cost of Make-Ready
Work Utdlty at ats d~scretlon may require payment in advance based upon
the estimated cost of Make-Ready Work
C The partaes agree that unless specifically determined otherwise as part of the
individual Permit grant, all Make-Ready Work shall be performed only by
Utility or a contractor authorized by Utility to perform such work
D In performing all Make-Ready Work to accommodate Licensee's
Communlcataons Faclhties, Utahty wall endeavor to include such work in its
normal work schedule In the event Licensee requests that the Make-Ready
Work be performed on a priority basis or outside of Utdlty's normal work
hours, Licensee agrees to pay any resulting increased costs Nothing herein is
mtended, however, to require performance of L~censee's work before other
scheduled work
F Before commencing any mstallalaon or removal of its Communications
Facahties on Utdxty's Poles, Licensee must notify obtain Utlhty's approval
through the Permitting process of Lmensee's plans for ~nstallatlon or removal,
including the name of the party performing such work and the date(s) and
time(s) dunng which such work will be completed All such work ~s subject to
the insurance reqmrements of Article XVIII
12 15
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
G Licensee shall coordinate with Utility on all installation or removal of
Lmensee's Communications Facilities to, from or within Utdlty's Conduit
System, with all actual underground work performed by Utility or its
designated contractors L~censee shall provide a representative who shall be
present at all Utility installation or removal of Licensee's Communications
Facilities within the Conduit System Licensee's representative shall be
knowledgeable and experienced in underground communications work and
shall be authorized by Lmensee to answer questions and make decisions on
Licensee's behalf regarding problems and questions that occur during
Utdlty's work on Licensee's underground Communications Facilities
Licensee shall furnish its representative at Licensee's own expense All such
work on the part of Utlhty and ~ts contractors and L~censee's staff,s subject to
the insurance requirements of Article XVIII
H All of L~censee's installation, removal and maintenance work shall be
performed at Licensee's sole cost and expense, m a good and workmanhke
manner, and must not adversely or materially affect the structural integrity of
Utdlty's Poles, Condmt System or other Utdlty Factht~es or any other
facilities or equipment attached thereto
I All of Licensee's installation, removal and maintenance work performed on
Utdity's Poles, Condmt System or ~n the wc~mty of other Utthty Facd~Ues,
e~ther by ~ts own employees or contractors, shall be ~n compliance with all
applicable regulations specified ~n ARTICLE IV, Paragraph A Licensee shall
assure that any person installing, ma~nta~mng, or removing ~ts Faclhtles be
duly qualffied and famdlar with the regulations spemfied ~n ARTICLE IV,
Paragraph A and the provlsmns of ARTICLE XVII
J In the event that L~censee's Permit requests for Attachments are approved and
L~censee agrees to have Utd~ty commence work and steps are actually taken
by Utd~ty to perform any necessary englneenng, admlmstrat~ve, and Make-
Ready work and L~censee thereafter cancels, causing the job not to be done or
completed, Licensee shall reimburse Utdlty for the Actual Costs ~ncurred by
Utility
VIII TRANSFERS OF COMMUNICATIONS FACILITIES
13 16
PI~JVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT
INFORMATION
A If Ut~hty determines that a transfer of Licensee's Communications Facilities is
necessary, Licensee agrees to allow such transfer In such instances, Utility will
at its option either perform the transfer using its own personnel, or contractors or
require Licensee to perform such transfer at its own expense w~thm sixty (60)
days after receiving notice from Utility If Licensee fails to perform such transfer
in a timely manner it wall be subject to liquidated damages on a per Pole, per day
of unexcused delay, in the amount specified m Appendix A In addition, Licensee
shall be responsible for all costs if the Utility or its comractors perform the
transfer or are required to come back to a Pole as a result o£ Licensee's failure to
take timely action Utlhty shall not be liable for damage to Licensee's Famht~es
except to the extent provided in Article XVI Section A
B If Utility performs the transfer(s) it will bill the Licensee for actual costs,
including admlmstratlve costs, plus any associated damages as specified above if
Licensee failed to timely transfer Licensee shall reimburse Utility within thirty
(30) days of the receipt of the invoice
IX FACILITY MODIFICATIONS AND/OR REPLACEMENTS
A In the event that any Pole or portion of Conduit System to which Licensee
desires to make Attachments ~s inadequate to support or accommodate the
additional facilities in accordance with all Applicable Specifications, Utility wilt
notify Licensee of the changes necessary to provide adequate space to
accommodate the Attachment Licensee shall pay to Utility the actual cost of
making the changes Utility may in its discretion require advance payment
B If Ut~hty receives Permit Applications for the same Pole or portion of Conduit
System from two or more Licensees within one hundred and twenty (120) days
of one another, and accommodating their respective requests would require
replacement or modification of the Pole or Conduit or rearrangements of existing
Attachments, Utility will allocate among them equitably the applicable costs
associated with such replacement or rearrangement With respect to Conduit,
Utility may require Licensee to install Innerduct in order to accommodate
multiple or subsequent Attachment requests
C Any strengthening, reinforcing or stabilizing of Poles, including the use of
guying, to accommodate Licensee's Attachments shall be provided by and at the
expense of Licensee and to the satisfaction of the Utility as specified in
Appendix F
D If in rearranging existing Attachments on a Pole to accommodate Licensee's
Attachments, or if in replacing a Pole to accommodate such Attachments, it
would become necessary to cut or trim one or more trees to clear the new
location of Utlhty's cables or wires, to the extent not otherwise accounted for in
the capital or mmntenance costs of the pole, the cost of such tree cutting or
trimming shall be included in the costs to be paid by Licensee under this
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
ARTICLE Dunng storm restoration, tree removal costs will be shared equally
among all Attaching Ent~t~es
E The costs for any rearrangement, relocation and removal of Lmensees'
Commumcatlons Factht, es or the replacement of a Pole or port,on of Condmt
System shall be allocated to Utd~ty or L~censee or other Attaching Entity on the
following bas~s
1 If any Entity, ~ncludmg the Utxhty ~tself seeks to make an addmonal
Attachment or modify an cresting Attachment, and such action requires
the rearrangement, relocation or removal of ex~stlng Facd~t,es or the
replacement of a Pole or portion of Condmt, the Ennty requesting the
addmonal or modified Attachment shall bear the entire cost of
rearrangement, relocation and/or removal of the existing Commumcat~ons
and other Facthtles on the Pole or w~th~n the Condmt, as well as the costs
of any new pole or section of Conduit reqmred Except that the Unl,ty
shall not be responsible for relocation and/or rearrangement costs ~n
~nstances where ~t ~s reclmmlng reserved space
2 In all other cases, where the rearrangement, relocation and/or removal of
Fac~ht~es are reqmred by an event that ~s ~ndependent of any particular
party the Utility shall allocate the costs of any rearrangement, relocation
and removal of Attachments eqmtably among all the Attaching Entrees
3 If Utdlty ~ntends to modify or alter a Pole or portion of ~ts Condmt
System, it shall provide Lmensee w~th s~xty (60) days written notfficatton
prior to making the proposed modfficaUon or alteration ~n order to prowde
Licensee a reasonable opportunity to modify or add to ~ts existing
Attachment The notfficat~on reqmrement ofth~s section shall not apply to
routine mmntenance or emergency s~tuat~ons If the Licensee adds to or
modffies ~ts Commumcat~ons Fac,ht,es after such notme, the L,censee
shall bear the proportionate costs ~ncurred by Utlhty, as reasonably
determined by Utility, ~n making the space on the Poles or w~thln the
Condmt System accessible to Lmensee
F No prows~on of this Agreement shall be construed to reqmre Utthty to relocate ~ts
Attachments for the benefit of Lmensee
15 18
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
X ABANDONMENT, CHANGE-OUT AND REMOVAL OF
UTILITY FACILITIES
A If Utility desires at any time to abandon, replace, or relocate any Utility Facfltues
to which Licensee's Commumcatlons Facilities are attached, it shall give Licensee
notice in writing to that effect at least s~xty (60) days prior to the date on which it
intends to abandon, replace, or relocate such Utlhty Facilities If, following the
expiration of smd period, Licensee has not yet removed and/or transferred all of
its Communications Facilities therefrom and has not entered into an agreement to
purchase the Utility Facflmes pursuant to Paragraph B of th~s ARTICLE, Utility
shall have the right, to the extent consistent w~th apphcable law, to remove and/or
transfer such Facilities at Licensee's expense
B Should Utility desire to abandon any Utility Facilities, Utility may at its sole
discretion grant Licensee the option of purchasing smd Facilities at the then
present book value of such assets Licensee must notify Utility in writing within
ten (10) days of the date of Utfl~ty's notice of abandonment that L~censee desires
to purchase the abandoned Facfltues Thereafter, Licensee must also secure and
deliver proof of all necessary govemmental approvals allowing L~censee to
independently own and access such Facilities Should L~censee fall to secure the
necessary governmental approvals, or should Utility and L~censee fail to enter into
an agreement for Licensee to purchase Utfllty's Facfltues prior to the end of the
thirty (30) days, Licensee must remove its attachments as required under
Paragraph A of this ARTICLE
C Upon receipt of not less than thirty (30) days' prior written notice from Utility to
Licensee that any Utility Fa¢fllues must be removed by reason of any Federal,
State, County, Municipal or other governmental requirement, ~ncludlng, but not
limited, to underground conversion, or the requirement of a property owner, the
license covering the use of said Utility Facilities shall terminate and Licensee's
Commumcatlons Facilities shall be removed promptly from the affected Utility
Facilities If Licensee fails to remove its CommumcaUons Facilities from such
Utility Facilities, Utility shall have the right to remove such facilities at
Licensee's expense
D Notwithstanding any other remedy, Utility is entitled to receive from Licensee
liquidated damages in the amount specified in Appendix A, for each day that
Licensee falls to remove its Commumcatxons Facilities as required under
Paragraph A and C of this ARTICLE Th~s provision for assessment ofhqmdated
damages is intended to be separate and apart from Utfllty's right to enforce the
provisions of any performance bond required under this Agreement and is
intended to be in addition to any other remedies Utility may have By executmg
this Agreement, Licensee acknowledges that the amounts of actual damages for ~ts
failure to remove its Communications Facilities will be difficult or ~mpossible to
ascertain, that the damages set forth m this Paragraph are a reasonable
16 19
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
approxamation of actual damages, and that thas Paragraph is intended to provade
compensation to Utlhty
XI REMOVAL OF COMMUNICATIONS FACILITIES
A At the exparataon or other termanatlon of thas Lacense Agreement or tndlvadual
Permit(s), Lacensee shall remove its Commumcatmns FacthUes from the affected
Poles and porttons of Conduit System at ats own expense If Licensee fads to
remove such facthttes wtthm stxty (60) days of exparatlon or termanat~on, Utahty
shall have the right, to the extent conststent w~th apphcable law, to remove such
facthtles at Ltcensee's expense
B If Texas or federal law prevents the removal of Licensee's Communlcataons
Facdtttes upon termtnataon of the Lmense, Utahty as entttled to receive from
Licensee hquldated damages m the amount specafied ~n Appendax A Such
damages shall be amposed for each day that Lmensee is an non-comphance Thas
promsaon for assessment of hqmdated damages as antended to be separate and
apart from Utdaty's right to enforce the provlsaons any performance bond reqmred
under thas Agreement and as intended to be an addatmn to any other remedaes
Utthty may have By executtng ttus Agreement, Lacensee acknowledges that the
amounts of actual damages for tts failure to remove ats Commumcat~ons Facdmes
wall be dafficult or ampossible to ascertmn, that the damages set forth an thas
Paragraph are a reasonable approxamat~on of actual damages, and that th~s
Paragraph ts antended to provide compensataon to Utthty
XII TERMINATION OF PERMITS
A Any Permtt issued pursuant to this Agreement shall automatmally termtnate when
Licensee ceases to have authority to construct and operate tts Commumcataons
Facthttes on pubhc or pnvate property at the locatton of the particular Pole or
portaon of Condmt covered by the Permat
B If after ninety (90) days from the issuance of a Permat, Lacensee has not attached
ats Communlcatmns Facilities, and there as no evidence of ongoing constructaon,
Utthty reserves the right to cancel smd Permtt upon thirty (30) days written notme
to Licensee
C Lmensee may at any tame surrender any Permit for Attachment and remove tts
Commumcatlons Faclhtaes from the affected Pole(s) or portmns of Condmt and
shall ammedlately gave Utahty written notace of such removal No refund of any
fees or costs will be made upon removal If Lacensee surrenders such Permat
pursuant to the provasaons of this ARTICLE, but fmls to remove its Attachments
from Utahty's Poles or Conduit System wathln thirty (30) days thereafter, Utthty
shall have the right to remove Lmensee's Attachments at Ltcensee's expense
17 20
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
XIII. INSPECTION OF LICENSEE'S FACILITIES
A Utihty reserves the right to make inspections of Licensee's Communications
Faclhtles at any time, utilizing its own employees or contractors,, and Licensee
shall reimburse Utility for the actual expense of such inspections, provided,
however, that utility shall not charge Licensee for the costs of inspection of
Utihty's own facilities that are unrelated to Licensee's Attachments Except
under extraorchnary circumstances, Utility will undertake such inspections no
more than once a year
B Utility will give Licensee reasonable advance written notice of such inspections,
except in those instances where safety considerations justify the need for such
inspection without the delay of waiting until written notice has been received
C Licensee agrees to bring its Attachments into full compliance with this Agreement
in the event that any lnspectnon results in a finding by Utility that Licensee xs not
in compliance with this Agreement within thirty (30) days of receipt of notice In
addition to inspecting Attachments in order to ensure that they are consistent with
the Applicable Standards, Utility will also identify any and all unauthorized
Attachments and may utilize Licensee's annual inventory to assist in this process
D The making of periodic inspections, or the failure to do so, shall not operate to
impose upon Utility any liability of any kind whatsoever or relieve Licensee of
any responsibility, obligations or hablhty whether assumed under this Agreement
or otherwise existing [While this provision is somewhat redundant to Article
XXI relating to "Failure to Enforce," it is nevertheless a good idea to have an
explicit statement such as the one above in instances where the utility is
talang on an inspection role.]
XIV UNAUTHORIZED OCCUPANCY OR ACCESS
A If any of Licensee's Communications Faclhtles, including overlashing by a third-
party, are found occupying any portion of any of Utlllty's Poles or Conduit
System for which no Permit has been issued and remains in effect, Utihty, without
prejudice to its other rights or remedies under this Agreement, may terminate this
Agreement, assess an Unauthorized Access Fee (as specified in Appendix A) and
remove Licensee's Commumcations Facilities at Licensee's expense
B No act or fmlure to act by Utlhty with regard to smd unauthorized use shall be
deemed as ratification of the unauthorized use and if any license or Permit should
be subsequently issued, smd license or Permit shall not operate retroactively or
constitute a waiver by Utility of any of its rights or privileges under tlus
Agreement or otherwse, provided, however, that Licensee shall be subject to all
liabilities, obligations and responsibilities of this Agreement In regards to smd
unauthonzed use from its inception
18 21
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
XV. SURETY
A Lmensee agrees to obtain, submit to Utility, and keep in effect a surety bond in the
greater of the following two amounts (1) $25,000, or (2) one (1) year's estimated
total Connection Fees and Application Fees The bond must be subrmtted to Utthty
v~thin thirty (30) days of the Effective Date of this agreement The bond must be
renewed and submitted annually to Utihty on or before the thirty (30) days before
the anmversary date of this Agreement is effect, and the term of each renewal of the
bond must be for a period of one year The bond must be In the form and ~ssued by
a surety satisfactory to Utlhty The surety bond must guarantee payment of all sums
that may become due to Utlhty under this Agreement, including, but not limited to,
the removal of Lmensee's Facilities upon termination of ~ts Attachment rights under
th~s Agreement Licensee agrees to maintain the surety bond ~n full force and effect
dunng the entire term of this Agreement and until UtIhty is reimbursed for all costs
and expenses incurred as a result of removing Licensee's Facflmes upon termination
of L~censee's Attachment rights under this Agreement Utility may require a
change in the amount of the bond upon thirty (30) calendar days written notice to
L~censee, and Licensee agrees to provide a surety bond an such new amount The
amount of the bond or financml security does not operate as a limitanon upon
obligations of the Lmensee under thts Agreement
B Utility holds the right to require, at its sole discretion, for the Licensee to furnish
Advance Payment for each Attachment in the amount of the yearly attachment
rate as specffied in Appendix A plus any estimated Make-Ready Work expenses
XVI LIABILITY AND DAMAGES
A Utility reserves to itself the right to maintain and operate it Poles and Conduit
System ~n such manner as v~ll best enable it to fulfill its own service
requirements Utahty shall exercxse reasonable precaution to avoid damaging
Lmensee's Commumcattons Facilities and shall make an immediate report to the
Licensee of the occurrence of any such damage caused by its employees, agents or
contractors Subject to ARTICLE XVI, Paragraph C, Utthty agrees to reimburse
the L~censee for all reasonable costs incurred by the Licensee for the physical
repmr of such famlmes damaged by the neghgence of Utthty, provided, however,
that Utility shall not be liable to Licensee for any interruption of Licensee's
service or for interference with the operation of L~censee's Communications
Faclht~es Utility shall not be hable to Licensee for any specml, indirect, punitive,
or consequentml damages or any fines and penalnes arising ~n any manner
whatsoever, including, but not hmlted to, Utlhty's negligence, out of the use of
Utlhty's Poles or Condart System or Utility's actions or omissions in regards
thereto
B Unless resulting solely from the intentional acts of Utihty, including its agents,
employees, servants or contractors, Licensee shall defend, indemnify and hold
harmless Utihty and all associated, affiliated, allied and subsidiary entities of
19 22
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
Utthty, whether existing now or in the future, and their respective officials,
officers, departments, agencies, counties, boards, representatives, employees,
agents, contractors and attorneys agtunst any and all liability, claims, costs,
damages, fines, taxes, special charges by others, penaltaes, punitive damages,
expenses, demands, lawsuits or d~sputes (Including reasonable attorney fees of
counsel selected by Utlhty and all other costs and expenses of litigation) arising ~n
any way from any of the following
1 Any acts or omissions from the construction, maintenance, use or
operation of Licensee's Communications Facilities, lnclud~ng, but
not hmlted to, claims and demands for damages or loss from
intellectual property lnfnngement, for libel and slander, for
trespass, for unauthorized use of television or radio broadcast
programs and other program material and for infringement of
patents w~th respect to the manufacture, use and operation of
Licensee's Commumcatlons Facilmes on Utlhty's Poles, Conduit
System or otherwise,
2 Any work performed by Utthty that was necessitated by the
Installation, maintenance, presence, use or removal of Licensee's
Communications Faclhties or from any work this Agreement
authorizes Utlhty to perform on Licensee's behalf,
3 Any damage to property, injury to or death of any persons,
including payments made by Utility under any Workmen's
Compensation Laws or under any plan for employees' disabihty
and death benefits, arising out of the erection, mmntenance, repmr,
presence, use, relocation, transfer or removal of Licensee's
Communications Fac~htles or the proximity of Licensee's
Communications Facilmes to the Utlhty's FacdiUes or the property
of any other Attaching Entity, or by any act or omission of
Licensee on or ~n the vicinity of Utihty's Poles or Conduit System,
4 Any property damage, injury or death arising out of the
performance or nonperformance of any work or obhgatmn
undertaken by Licensee pursuant to this Agreement,
5 Any occurrence related to the erection, maintenance, repair,
presence, use, relocation, transfer or removal of Licensee's
Communications Faciht~es, including habllit~es incurred as a result
of violation of any law, role, or regulation of the Umted States,
State of Texas or any other governmental entity or admlnistrat~ve
agency, or
6 A violation of any state or federal law arising out of the erection,
~nstallatmn, construction, mmntenance, repair, presence or use,
20 2 3
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
relocation, transfer or removal of L~censee's Communicat~ons
Facthtles or the prommlty of L~censee's Commumcat~ons
Facthtles to Utthty's Factht~es or the property of any Attaching
Entity, or by any act or omission of Lmensee on or in the wc~mty
of Utfl~ty's Poles or Condmt System, whether such wolat~on ~s the
result of a wolat~on of a statute by Utility or the Licensee solely or
any joint violation thereof
C No prows~on of th~s Agreement ~s ~ntended, or shall be construed, to be a wmver
for any purpose by Utility of the provisions of Texas law hmlt~ng mumc~pal
habthty No lndemmficatmn provision contained ~n th~s Agreement under which
L~censee ~ndemmfies Utility shall be construed m any way to hmlt any other
~ndemmficatlon provision contmned ~n this Agreement
XVII DUTIES, RESPONSIBILITIES, AND EXCULPATION
A Licensee acknowledges and agrees that Uuhty does not warrant the condition or
safety of Utthty's Poles or Conduit System, or the premises surrounding the
Poles and/or Conduit System, and LICENSEE HEREBY ASSUMES ALL
RISKS OF ANY DAMAGE, INJURY OR LOSS OF ANY NATURE
WHATSOEVER CAUSED BY OR IN CONNECTION WITH THE USE
OF THE POLES, CONDUIT SYSTEM AND ASSOCIATED FACILITIES
AND EQUIPMENT ON, WITHIN, OR SURROUNDING THE POLES
AND CONDUIT SYSTEM
B By executing th~s Agreement, Licensee warrants that ~t has acqumnted, or will
fully acqumnt, ~tself and its employees and/or contractors and agents w~th the
conditions relating to the work that L~censee will undertake under this Agreement
and that ~t fully understands or will acquaint itself w~th the factht~es, d~fficultles,
and restrictions attending the execution of such work
C UTILITY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH
REGARD TO UTILITY'S POLES OR CONDUIT SYSTEM, ALL OF
WHICH ARE HEREBY DISCLAIMED, AND EXPRESSLY DISCLAIMS
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE
D Lmensee acknowledges that Utthty does not warrant that all Poles or all portmns
of the Conduit System are properly labeled, and agrees that Utility ~s not hable for
any ~njunes or damages caused by or ~n connectmn with m~ss~ng labels or
otherwise improperly labeled Poles or pomons of the Condmt System, Lmensee
further agrees to ~mmedmtely notify Utthty ff labels or tags are m~ss~ng or
other~ase ~mproper
E The part~es further understand and agree that ~n the performance of work under
th~s Agreement, Licensee and its agents, servants, employees, contractors and
21 24
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
subcontractors will work near electrically energized lines, transformers, or other
equipment of Utthty, and it is the intention that energy there~n will not be
interrupted during the continuance of this Agreement, except in an emergency
endangering life, grave personal injury, or property Licensee shall ensure that its
employees, servants, agents, contractors and subcontractors have the necessary
qualifications, skill, knowledge, tralmng, and experience to protect themselves,
their fellow employees, employees of Utthty, and the general public, from harm
or injury while performing work permitted pursuant to this Agreement In
addition, Licensee shall fummh its employees, servants, agents, contractors and
subcontractors competent supervision and sufficient and adequate tools and
equipment for thexr work to be performed ~n a safe manner Licensee agrees that
in emergency situations in which it may be necessary to de-energize any part of
Utlhty's equipment, Licensee shall ensure that work is suspended until the
equipment has been de-energized and that no such work is conducted unless and
until the equipment ~s made safe
F In the event Utility de-energizes any equipment or line at Licensee's request and
for ~ts benefit and convenience in performing a particular segment of any work,
Licensee shall reimburse Utility in full for all costs and expenses incurred in order
to comply with Licensee's request for de-energlzatlon of any equipment or hne
In the event that Licensee shall cause an interruption of service by damaging or
interfering with any equipment of Utility, Licensee at ~ts expense shall
immediately do all things reasonable to avoid injury or damages, direct and
lnmdental, resulting therefrom and shall notify Ut~hty immediately
G Licensee further warrants that it ~s apprised of, conscious of, and understands the
imminent dangers (iNCLUDING SERIOUS BODILY INJURY OR DEATH
FROM ELECTROCUTION) inherent in the work necessary to make installations
on Utthty's Poles and in or around Utthty's Conduit System by Licensee's
employees, servants, agents, contractors or subcontractors, and accepts it as its
duty and sole responslblhty to notify and inform Licensee's employees, servants,
agents, contractors or subcontractors of such dangers, and to keep them informed
regarding same
XVIII. INSURANCE
[Each Utility Should Review The Insurance Requirements With Its Risk Manager
or Insurance Consultant]
A At all times dunng the term of this Agreement, Licensee shall keep in force and
effect all insurance policies as described below
1 Worker's Compensation and Employers' Liability Insurance Statutory
worker's compensation benefits and employers' liability insurance with a
hmit of hablhty no less than $1,000,000 each accident This pohcy shall
be endorsed to ~nclude a waiver of subrogation in favor of Utthty
22 2 5
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
Licensee shall require subcontractors and others not protected under its
insurance to obtain and maintain such insurance
2 Commercial General Liability Insurance Policy will be written to provide
coverage for, but not limited to, the following premises and operations,
products and completed operations, personal injury, blanket contractual
coverage, broad form property damage, independent contractor's coverage
and coverage for property damage from perils of explosion, collapse or
damage to underground utilities (commonly known as XCU coverage)
Limits of liability not less than $1,000,000 general aggregate, $1,000,000
products/completed operations aggregate, $1,000,000 personal injury,
$1,000,000 each occurrence
3 Automobile Liability Insurance Business automobile policy covering all
owned, hired and non-owned private passenger autos and commerctal
vehicles Limits of liability not less than $1,000,000 each occurrence,
$1,000,000 aggregate
4 Umbrella Liability Insurance Coverage to be in excess of employers'
liability, commercial general habd~ty, and automobile habd~ty ~nsurance
required above Limits of liability not less than $4,000,000 each
occurrence, $4,000,000 aggregate
5 Property Insurance Each party will be responsible for mmntamlng
property insurance on its own facthtles, burldmgs and other ~mprovements,
including all eqmpment, fixtures, and utility structures, fencing, or support
systems that may be placed on, within, or around Utdlty's Facilities to
fully protect against hazards of fire, vandalism and malicious mischief,
and such other perils as are covered by pohcies of insurance commonly
referred to and known as "extended coverage" insurance or selfqnsure
such exposures
B The insurer must be approved by Utility or authorized to do business under the
laws of the State of Texas and have an "A" or better rating in Best's Guide Such
insurance will be primary All contractors and all of their subcontractors who
perform work on behalf of Licensee shall carry, in full force and effect, worker's
compensation, comprehensive public liability and automobile liability insurance
coverages of the type that Licensee is required to obtmn under this ARTICLE
with the same limits
C Prior to the execution of this Agreement and prior to each insurance policy
expiration date dunng the term of this Agreement, Licensee will furnish Utility
with a Certificate of Insurance and upon request, certified copies of the reqmred
insurance policies Utility may recover ~nsurance consultant expenses for review
of Certificate of Insurance The Certificate shall reference this Agreement and
worker's compensation and property insurance wmvers of subrogation required by
23 2 6
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
this Agreement Utility shall be given thirty (30) days advance notice of
cancellation or nonrenewal of insurance during the term of this Agreement
Utility, its council, boards, commissions, agencies, officers, employees and
representatives (collectively, "Additional Insureds") shall be named as Additional
Insureds under all of the policies, except worker's compensation, which shall be
so stated on the Certificate of Insurance All policies, other than worker's
compensation, shall be written on an occurrence and not on a claims-made basis
All policies may be written with deductibles, not to exceed $100,000 Licensee
shall defend, indemnify and hold harmless Utility and Additional Insureds from
and against payment of any deductible and payment of any premium on any
policy required under this ARTICLE
D The limits of liability set out in this ARTICLE may be increased or decreased by
mutual consent of the parties, which consent will not be unreasonably withheld by
either party, in the event of any factors or occurrences, including substantial
increases in the level of jury verdicts or judgments or the passage of state, federal
or other governmental compensation plans, or laws which would materially
increase or decrease Utlhty's or Licensee's exposure to risk
E No policies of insurance required to be obtained by Licensee or its contractors or
subcontractors shall contmn provisions (1) that exclude coverage of liability
assumed by this Agreement with Utility except as to infringement of patents or
copyrights or for libel and slander in program material, (2) that exclude coverage
of liability arising from excavating, collapse, or underground work, (3) that
exclude coverage for injuries to Utdlty's employees or agents, (4) that exclude
coverage of liability for mjunes or damages caused by Licensee's contractors or
contractor's employees, servants or agents, or (5) that contain a standard form
pollution exclusion or exclude clmms or suits that arise from the effects of
electromagnetic fields or radiation (to the extent such coverage cannot be obtained
through CGLI, Licensee shall obtmn equivalent insurance to insure the property
agmnst environmental hazards) This list of prohibited provisions shall not be
interpreted as exclusive
F Licensee shall be fully responsible for any deductible or self-insured retention
amounts contmned in its insurance program or for any deficiencies in the amounts
of insurance matntmned
XIX AUTHORIZATION NOT EXCLUSIVE
Utility shall have the right to grant, renew and extend rights and privileges to others not
party to th~s Agreement, by contract or otherwise, to use Utlhty Facdmes covered by
this Agreement Such rights shall not interfere with the rights granted to Licensee by the
specific Permits ~ssued pursuant to this Agreement
24 2 7
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
XX NON-ASSIGNMENTS OF RIGHTS
A Th~s Lmense Agreement and associated Permtts are not asstgnable or transferable
B In the event Ltcensee sells, asstgns or transfers tts assets and the new enttty seeks
to mmntmn the assomated Commtmmattons Facdtttes on Poles or w~th~n the
Condmt System, the new entity w~ll be reqmred to enter tnto a new Pole
Attachment Lmense Agreement wtth Utdtty Upon written notfficatmn, Utthty
w~ll use tts reasonable best efforts to negottate a new Lmense Agreement
B Wtthout Utthty's prior written consent, Lmensee shall not sub-hcense to a thtrd
party, including but not hm~ted to allowtng thtrd parttes to place Attachments on
or wtthtn Ut~hty's Poles or Condmt System, dtrectly or through overlashtng, or to
place Attachments for the benefit of such third parttes on Utthty's Poles or w~th~n
Utthty's Condmt System Any such actton shall constttute a material breach of
th~s Agreement
XXI. FAILURE TO ENFORCE
Fmlure of Utthty or Ltcensee to take actton to enforce comphance wtth any of the terms
or condtttons of th~s Agreement or to gtve nottce or declare thts Agreement or any
authonzatton granted hereunder termmated shall not constttute a watver or
rehnqmshment of any term or condttton of thts Agreement, but the same shall be and
remmn at all t~mes tn full force and effect
XXII TERMINATION OF AGREEMENT
A Notwithstanding Ut~hty's rights under ARTICLE XII, Utdtty shall have the right
to termtnate th~s entire Agreement, or any Permit ~ssued hereunder, whenever
Lmensee ~s ~n default of any term or condtt~on of thru Agreement, tncludtng but
not hmtted to the followmg c~rcumstances
1 Construction, operation or maintenance of Lmensee's Commumcattons
Famht~es tn wolat~on of law or ~n atd of any unlawful act or undertaktng,
or
2 Constructton, operatton or mmntenance of L~censee's Communtcattons
Facilities after any authonzatmn reqmred of the Lmensee has lawfully
been dented or revoked by any governmental or private authority or
wolatmn of any other agreement wtth the mumctpahty, or
3 Construction, operation or matntenance of Lmensee's Commumcatmns
Famhttes wtthout the ~nsurance coverage reqmred under ARTICLE XVIII
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PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
B Utility wall notify Licensee ~n wnt~ng w~thln ten (10) days of any con&non(s)
apphcable to Paragraph A above L~censee shall take ~mmedmte correctxve acUon
to ehm~nate any such condmon(s) w~thln ten (10) days and shall confirm ~n
wnung to Uuhty that the c~ted condmon(s) has (have) ceased or been corrected
If Licensee fails to discontinue or correct such condmon(s) and/or farls to g~ve the
reqmred confirmatxon, Unhty may ~mmedmtely terminate th~s Agreement In the
event of termination of th~s Agreement or any of Lxcensee's rights, pnwleges or
authonzatmns hereunder, Uuhty may seek removal of Lmensee's
Commumcat~ons Facflmes pursuant to the terms of Article XI, prowded, that
L~censee shall be hable for and pay all fees and Charges pursuant to terms of th~s
Agreement to Utility tmtfl Lmensee's CommumcaUons Facflmes are actually
removed
XXIII TERM OF AGREEMENT
A Th~s Agreement shall become effecUve upon ~ts execuUon and, if not terminated
in accordance wxth other prowslons of this Agreement, shall contxnue ~n effect for
a term of three (3) years E~ther party may tenmnate th~s Agreement at the end of
the three (3) year term by g~vmg to the other party written noUce of an ~ntent~on to
terminate the Agreement at least s~x (6) months prior to the end of the smd term
Upon fmlure to give such notice, th~s Agreement shall automatically continue ~n
force until terminated by e~ther party after s~x (6) months written nonce
B Even after the termmaUon of th~s Agreement, Lmensee's respons~bfiay and
lndemmty obhgaUons shall conunue with respect to any clmms or demands
related to Lmensee's Communications Facdmes as prowded for ~n ARTICLE
XVI
XKIV AMENDING AGREEMENT
Notwithstanding other provisions of th~s Agreement, the terms and conditions of th~s
Agreement shall not be amended, changed or altered except ~n wrmng and with
approval by anthonzed representatives of both pames
XXV NOTICES
Wherever m th~s Agreement not,ce ~s reqmred to be given by either party to the other,
such nouce shall be in wrmng and shall be effecuve when personally delivered to, or
when mmled by certffied marl, return receipt requested, wah postage prepmd and,
except where specifically prowded for elsewhere, properly addressed as follows
If to Utthty, at
IftoLmensee, at
26 2 9
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
or to such other address as either party may, from time to time, give the other party in
writing
XXVI ENTIRE AGREEMENT
This Agreement supersedes all previous agreements, whether written or oral, between
Utility and Licensee for placement and mmntenance of Licensee's Communications
Facilities on Utlhty's Poles or within Utihty's Conduit System within the geographical
operating area covered by this Agreement, and there are no other provisions, terms or
conditions to this Agreement except as expressed herein
XXVII. SEVERABILITY
If any provision or portion thereof of this Agreement is or becomes invalid under any
applicable statute or rule of law, and such invalidity does not materially alter the essence
of the Agreement to either party, such provision shall not render unenforceable this
entire Agreement but rather it is the intent of the parties that the Agreement be
administered as if not containing the invalid provision
XXVIII. GOVERNING LAW
The validity, performance and all matters relating to the effect of this Agreement and any
amendment hereto shall be governed by the laws (without reference to choice of law) of
the State of Texas
XXIX INCORPORATION OF RECITALS AND APPENDICES
The Recitals stated above and all appendices to the Agreement are incorporated into and
constitute part oftl~s Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
on the day and year first written above
WITNESS [Utility Name]
BY
TITLE
27 3 o
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
WITNESS
(LICENSEE)
BY
TITLE
28 3 1
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
APPENDIX A
ATTACHMENT FEES AND CHARGES
Effective Date / /
Pre-Permit Survey Fee
(Actual costs or by L~censee)
Make-Ready Charges
(Actual costs)
Annual Pole Attachment Fee
(Mult~phed per pole)
Annual Condmt Attachment Fee
(Mult~phed per hnear foot)
Inspection Fee
(Actual costs)
Unauthorized Attachment Penalty Fee
(3 x annual attachment fee, per occurrence)
Failure To Tag Penalty
(1/4 the annual attachment fee, per occurrence)
Failure to move/remove fac~lmes penalty
(1/4 annual rate per day, per pole/hnear foot of condu~t)
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PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
APPENDIX B
POLE ATTACHMENT APPLICATION PROCESS
The following procedure ]s to be followed by all Licensees seeking to make new
attachments on Utlhty's poles Note, no entity may make any attachments to Utlhty's
poles without having first emered Into a binthng Pole License Agreement
1 A Licensee seeking to make new attachment(s) shall obtain a Permit Application
from the Utlhty (attached)
2 Licensee shall have a professional engineer complete a Pre-Permit Survey which
will review the design of the proposed attachment(s) to determine the feasibility
of the request and identify any necessary make ready-work to accommodate the
attachment(s) Attached to this Appendix is a mimmum design review
]n£ormation and a worksheet establishing the minimum specifications that the
proposed attachment must meet
3 L~censee shall submit the completed Permit Application Including a copy of the
Pre-Permit Survey design calculations and recommendations on make-ready
work The engineenng analysis must be signed and sealed by the professional
engineer
4 The Utthty will review the engmeer's recommendations and thscuss any Issues
with the Licensee
5 Utility will complete the make-ready work according to the terms of the
Agreement
6 Ut~hty will sign and return the Apphcatlon Permit authorizing the Licensee to
make its attachment(s)
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PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
APPENDIX C
APPLICATION FOR PERMIT
Application Date /
To [Insert Address of Permlttlng Department]
Desire to Attach to Poles
Desire to Vacate Poles
Narrative Description of proposed activity
In accordance with the terms and conditions of the License Agreement dated
__, apphcatlon is hereby made for a permit to occupy/and or vacate the poles
in the locations detailed on the attached F~eld Data Sheets and Map Designs and
pursuant to the attached "Minimum Design Review Information"
Licensee has attached a Pre-Permit Survey that has been certified by a
professional engtneer experienced with electric utility facilities The engineer's
name and registration number is , Reg#
Licensee
Contact Person Signature
Title
Telephone No
Permission is hereby granted to Licensee to attach and/or vacate poles listed on
the attached Field Data Sheets, subject to payment of the necessary Make-Ready
Work charges attached
Date
Utility
Approved By. Signature
Title Date /__ /
Telephone No
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PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
APPENDIX D
SPECIFICATIONS FOR LICENSEE'S ATTACHMENTS
0 OVERHEAD UTILITY POLES
The following engmeenng and construction practices will be followed by L~censee
when malang Attachments to Utility Poles
A All attachments shall be made in accordance with the Applicable Standards as
defined in I Definitions
B Clearances
1 Attachment and Cable Clearances Licensee's Attachments on Utility Poles,
mcluthng metal attachment clamps and bolts, metal cross arm supports, bolts
and other equipment, must be attached so as to mmntmn the minimum
separations specified m the National Electrical Safety Code (NESC) and in
drawings and specifications Utthty may from time to time furnish Licensee
(See Drawings T1-TS)
2 Service Drop Clearance The parallel mnnmum separation between Licensee's
service drops and telephone service drops shall be twelve (12) inches, and the
crossover separation between the drops shall be twenty-four (24) inches (See
Drawing T6)
3 Sag and Mid-Span Clearances Licensee will be particularly careful to leave
proper sag in its lines and cables and shall observe the estabhshed sag of power
hne conductors and other cables so that minimum clearances are (a) achieved at
poles located on both ends of the span, and (b) retained throughout the span At
mid-span, a mlmmum of 12" of separation must be mmntmned between any
other cables At the pole support, a 12" separation must be maintained between
Licensee and any other connection (See Drawing T7)
4 Service Clearances A four-inch (4") separation shall be maintained between
Utthty's service cable and/or any Other Licensee's facilities located on the
customers private property in accordance with the National Electrical Code
(NEC)
5 Vertical Runs on Poles All ve~cal runs on poles, including those for power
feed for TV amplifiers, shall be placed on the quarter faces of the pole and shall
be covered by a riser guard wth a two-inch (2") clearance in any direction from
cable, bolts clamps, metal supports and other equipment Secondary cable
providing service to street lights may be covered with non-metalhc conduit to
allow mlmmum clearances to commumcatlon cables as permitted in the NESC
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PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
6 Chmb~ng Space A clear climbing space must be mmntmned at all t~mes on the
face of the pole All Attachments must be placed as to allow and mmntmn a
clear and proper chmb~ng space on the face of the Utlhty Pole Licensee's cable
Attachments shall be placed on the same s~de of the pole as other
communications cable In general, all other Attachments and vertical runs
should be placed on pole quarter faces (See Drawings T9-T10)
C Down Guys and Anchors
1 Lmensee shall be responstble for procuring and ~nstalhng all anchors and guy
w~res to support the addmonal stress placed on the Utlhty's poles by Lmensee's
Attachments
2 Anchors and guy w~ms must be set on each Utility pole where them ~s a mm or
angle and on all dead-end utthty poles
3 L~censee may not place guy w~res on the anchors of the Utility or Third Party
User w~thout the anchor owner's prior written consent
4 No Attachment may be installed on a Utlhty pole until all reqmmd guys and
anchors are ~nstalled, nor may any Attachment be modified or relocated ~n such
a way as will materially ~ncrease the stress or loading on Utility poles until all
required guys and anchors are ~nstalled
5 Lmensee's down guys shall not be bonded to ground or neutral w~res of the
Utthty's Pole and shall not provide a current path to ground from the pole
ground or power system neutral
D Certification of Lmensee's Design
1 The Licensee's appllcat~on for attachment to Utfllty's poles must be signed and
sealed by a registered Professional Engineer, certifying that the attaching
company's aerial cable design fully comphes w~th the NESC and the Utthty's
Construction Standards
2 Tlus certfficat~on shall include the confirmation that the design is m accordance
w~th pole strength reqmmments of the NESC, taking into account the effects of
the Utfllty's facflmes and other Tturd Party facilities that may be ~nstalled on the
poles
E Miscellaneous Reqmrements
1 Cable Bonding Licensee's messenger cable shall be bonded to Utthty's
pole ground w~re at each pole that has a ground mm
2 Customer Premises Lmensee's servme drop ~nto customer premises shall
be protected as mqmred by the most current edition of the NEC
33
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
3 Telecomrnumcatlon Cables All telecommumcatlon cables not owned by
Utility shall be attached wnkan the communication space that is located 40
inches below the Utlhty neutral or the lowest Utdlty-owned effectively
grounded messenger wtuch can include Utility figure eight communication
cable or Utlhty fiber optic cable (See Drawings TI, T2, T5, T6, T7)
4 Raser Installations All Licensee's riser installations shall be placed on
metal stand-offbrackets (See Drawing TS)
5 Identification All Licensee's Facilities, including all cable, shall be
identified wtth a band type marker or other identification acceptable to
Utility at each Attachment The marker must identify the Licensee and must
contmn Licensee's emergency phone number (See Drawing T8)
6 Safety Zone No mounting brackets are permitted In the safety zone The
safety zone between communication facilities and supply facilities on the
same pole extends horizontally out to the boundaries of the climbing space
and working space The safety zone is measured vertically from the level of
the closest surface of the communication facility to the level of the closest
surface of the supply facdlty The required clearance of the safety zone is
measured vertically between the levels of the equipment involved Stand off
bracket installation will not be allowed to meet the 40" clearance
requirement (See Drawings T9-T10)
F Utility Construc'aon Standards
1 Refer to the attached Utility Construction Standards, or obtain the
applicable construction standards from the Utility in accordance with the
affected Utthty's requirements
2 Apply the Utlhty Construction Standards in coordination of the applicable
NESC, NEC or Texas Statute code reqmrements
UNDERGROUND UTILITY CONDUIT SYSTEMS
The following engmeenng and construction practices will be followed by Licensee when
makang Attachments wittun the Utihty's condmt system
A Electrical Design Specifications For Conduit (See Drawtngs T13, T14 and T15)
1 Cables with an outer metallic sheath shall be bonded at each manhole by
Utility No Communications Facilities of Licensees shall be permitted in
Utthty's Conduit System if such Communications Facilities causes electrical
interference to any Utility Facihties Licensee's power supplies will not be
permitted in Utlhty's Conduit System
34 3 7
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
2 Licensee's Communications Facilities shall not be designed to use the earth as the
sole conductor for any part of Licensee's circuits
3 Separation of communication and electrical conductors shall be as stipulated
in the NESC
4 Licensee shall not circumvent Utihty's corrosion mmgatlon measures
5 Licensee's cable shall be compatible with Utilities Facilities so as not to
damage any Facilities of Utility by corrosmn or otherwise Licensee shall be
hable to Utlhty for any damages occasioned by such corrosion or otherwise
B Physical Design Specifications
1 Licensee's cables bound or wrapped with cloth or having any kind of fibrous
covering or impregnated with an adhesive material shall not be permitted In
Utthty's Condmt System
2 Splices and terminations In Licensee's underground cables shall be located
only in termination boxes installed by Licensee in a location external to
Utthty's Conduit System Splices, termination boxes and associated
equipment shall not be allowed in Utihty's manholes or any other part of
Utdity's Conduit System Licensee shall make these splices and
terminations
3 Installation of a small coil of fiber optm cable, approximately 10 feet in length
of coil or smaller, ~n a Utility manhole will be allowed at Utthty's sole
dlscretlon
4 The purpose of this cable coil is to provide excess cable for slack requirements
and emergencies The cable coil shall not be used for splices, terminations or
installation of a termination box
5 Cable coils, if allowed by Utlhty, will be ~nstalled by Utlhty at Licensee's
expense Cable cod location inside the manhole will be determined by Utlhty
6 The maximum permissible diameter of any cable and/or Innerduct and the
number of cables and/or Innerduct to be placed in any of Utihty's conduits
shall be determined by Utility based upon the size and shape of the conduits
and the size of the existing cable in the conduit Licensee's cable and/or
Innerduct installed for L~censee's use will not be permitted in any ducthne
where less than two vacant conduits remmn after the installation of Licensee's
cable and/or Innerduct installed for Licensee's use
35 38
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
C Connection Of Licensee's Condmt
Any section of conduit owned by a party other than Utility which connects with
Utihty's manhole or transformer vault shall be installed by Utility at Licensee's
expense The maximum length of such conduit shall not exceed five (5) feet and
shall be malntmned at Licensee's expense
D Work Rules
1 Utlllty's manholes or transformer vaults shall not be opened or
tampered with by an employee, agent or contractor of L~censee
2 No employee, agent or contractor of Licensee shall enter or work
in any of Utlhty's manholes or transformer vaults
3 Clearing obstructions, repairs, dig-ups and any other work required
to make a conduit usable for the initial placing of Licensee's cable
or Innerduct installed for Licensee's use shall be done by Utlhty at
Licensee's expense
4 Utility shall place, remove, change, and maintain all cable in
Utlhty's Conduit System with materials supplied by Licensee,
approved by Utility and dehvered in a timely manner to the
location designated by Utility
5 Utility and L~censee's cable shall be permanently ldentffied by tags
at each manhole or other access opening in the Conduit System
Tags shall be of a type and wording satisfactory to Utility All cost
of this identification shall be at Licensee's expense
6 Where manholes or transformer vaults must be pumped in order to
allow work operations to proceed, pumping shall be done by
Utility at Licensee's expense
8 Any leak detection liquid or device used by Licensee's agents,
employees or contractors shall be of a type approved in writing by
Utility
9 When Lmensee, its agents, employees or contractors are working
around any part of Utthty's Conduit System located in the streets,
alleys, tughways, or other public rights-of-way or easements
granted to Utahty, the protection of persons and property shall be
provided by Lmensee m an adequate and satisfactory manner,
36 3 9
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
L~censee shall be solely responsible for providing adequate
barricades, warning lights, traffic cones, danger s~gns and other
similar devices to protect all traffic, persons and property around
the work area from danger
10 Utd~ty's authorized representative shall have the authority to
terminate L~censee's work operations around Utthty's manholes or
transformer vaults if, ~n the sole d~scretmn of Utd~ty's authorized
representative, any hazardous cond~uon arises or any unsafe
practice ~s being followed by L~censee's agents, employees or
contractors Smd d~scret~on shall not be unreasonably executed
37 4 0
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
APPENDIX E
DRAWINGS
38 41
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
APPENDIX F
DISTRIBUTION LINE
MINIMUM DESIGN REVIEW INFORMATION
AND SUGGESTED WORKSHEET
The following information is prowded, and corresponding reformation must be submttted
with each apphcatlon for pole attachments on the power company system The Utility
may d~rect that ccrtam attachments do not require the submittal of Destgn Rewew
In£ormat~on These attachments are noted at the end of this section
Each application must include a report from a professional engineer registered to
practice In the state of Texas and experienced in electric utility system design. This
report must clearly identify the proposed construction and must verify that the
attachments proposed will maintain the power company's compliance with NESC
Class B construction for the loadmg district as outlined in the NESC Section 25
The Utility may or may not require that all of the following information be
submitted at the time of the application The apphcant shall performed all required
calculations and be ready to provide the detailed Information below within a two (2)
week notice Applicant shall keep copies of the engineering data available for a
period of 20 years
In determining compliance, the follov~ng minimum conditions shall be used m the
calculations for pole strength
1 All single phase hnes shall be assumed to have been reconductorcd to 4/0 AWG
ACSR (code name Penguin) conductor for both phase and neutral (If the Utlhty
standard s~ze conductor ~s larger, enter the larger s~ze here) If a larger conductor
size exists, the larger size shall be used m the calculations
2 All three phase hnes shall be assumed to have been reconductorcd to 4/0 AWG
ACSP. (code name Pengum) conductor for three (3) phases and neutral (If the
Ut~ltty standard size conductor is larger, enter the larger stze here) If existing
conductors are larger than 4/0 AWG ACSR, the larger size shall be used m the
calculations
3 All pole hnes shall assume a secondary/service conductor, installed from pole to
pole of #4/0 AWG triplex cable, with a messenger
4 For pole strength calculations, all poles shall be as they actually ex~st, or be
considered Class 4 for calculations
5 All hne angles or dead ends shall be guyed and anchored Transverse pole
strength shall not be assigned to attaching pole users for hne angles
39 4 2
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
6 Points of attachment shall be as they actually ernst on the poles
7 Any Ut~hty approved joint anchors shall utilize guy ~nsulators
Lessee shall comply w~th any Utd~ty safety factors m their designs The engineer
requesting an attachment shall prowde for each project the following confirmations
Reqmred permits that have been obtained
__ (y/n) U S Corp of Engineers
__ (y/n) H~ghway - state, county, mty
(y/n) Railroad
__ (y/n) Local zomng boards, town boards, etc
__ (y/n) Joint use permits, ~f required
__ (y/n) Notffied other pole users of contacts or crossings
Confirm that you have
__ (y/n) Obtained appropriate franchise(s)
(y/n) Obtmned pole/anchor easements from land owners
__ (y/n) Obtatned crossing and overhang permxts
__ (y/n) Obtained penmt to survey R/W
__ (y/n) Completed Texas Dept ofTransportaUon reqmremems
(y/n) Placed permit number on plans
__ (y/n) Called D~ggers Hothne or eqmvalem servxce
__ (y/n) Included sag/tension data on proposed cable
Calculations are based upon (yr) edmon of the NESC and (yr) edmons
of the Texas State reqmrements
It ~s the L~censee's respons~bflW to obtain all necessary permas and provide the Utthty
w~th a copy of each
The engineer requesting an attachment shall provide for each pole(s) to which an
attachment ~s requested the following ~nformaUon
Project ID
Pole number 0f pole tag m~ss~ng contact Uuhty)
Pole class (ex,sung - ~ e, 4, 3, 2 )
Pole s~ze .(ex~st~ng- ~ e, 35, 40 )
Pole type (Southern Yellow Pine, Douglas Fir, )
Pole fore span __ (feet)
Pole back span (feet)
Calculated bending moment at ground level (ft-lbs)
40 4 3
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
Ex~stmg
Power phase cond qty of AWG ~ __ feet AGL
Power neutral cond qty of AWG ~ __ feet AGL
Power sec cond qty of AWG ~ __ feet AGL
Telco #1 cables __ qty of__ d~a ~ __ feet AGL
CATV #2 cables __ qty of tha ~ __ feet AGL
User #3 cables __ qty of__ d~a ~ __ feet AGL
User #4 cables __ qty of__ dla ~ __ feet AGL
User #5 cables __ qty of__ dla ~ __ feet AGL
User #6 cables __ qty of__ d~a ~ __ feet AGL
Proposed
Proposed cables qty of__ d~a ~ __ feet AGL
Proposed cables qty of__ d~a ~ __ feet AGL
AGL = Above ground level
The minimum vertical clearance under all loading conditions for the proposed cable and
ground level on each conductor span shall be stated above Variations m topography
resulting ~n ground elevation changes shall be considered when stating the minimum
vertical clearance
Calculated bending moment at ground level (R-lbs)
Pole breaking bending moment at ground level (R-lbs)
Calculated transverse safety factor . (ratio)
Proposed loading data (provide similar data for each cable proposed)
A Weight data (cable and messenger)
1) Vertical weight, bare SV = __ #/ft
B Tension data (final tensions on messenger) 1) NESC maximum load for area ofconst __ lbs
2) 60°F, NO wind __ lbs
41 44
PRIVILEGED AND CONIDENTIAL ATTORNEY-CLIENT INFORMATION
The engineer requesting an attachment shall prowde for each cable transverse guy, or
dead end to whmh guys and/or anchors are attached, the following ~nformat~on
Pole number
Calculated cable messenger tension under NESC maximum loa&ng con&t~ons
(lbs)
If connection ~s
A dead end, ~s ~t a s~ngle or doubler (S, D)
A change m tension, what is changer (lbs)
A hne angle, what ~s angle change9 (degrees)
For each dead end
Pmnt of attachment for guy hook (feet AGL)
Anchor distance from pole (feet)
Calculated guy tension (lbs)
Rated guy working strength (lbs)
For each change m tension
Pmnt of attachment for guy hook (feet AGL)
Anchor &stance from pole (feet)
Calculated guy tension (lbs)
Rated guy working strength (lbs)
For each hne angle
Point of attachment for guy hook (feet AGL)
Anchor &stance from pole (feet)
Calculated guy tension (lbs)
Rated guy working strength (lbs)
For each anchor
Anchor d~stance to nearest anchor (feet)
Calculated anchor tensmn (lbs)
Rated anchor strength (lbs)
Soft composition
(sandy, loam, clay, rock)
42 4 5
~,genda Item
AGENDA INFORMATION SHEET Oat~
AGENDA DATE October 10, 2000
DEPARTMENT' Solid Waste
CM/DCNUACM Howard Martin, ext 8232
SUBJECT'
Receive a report, hold a thscusslon, and give staff direction regarding recycling related issues
BACKGROUND
Sarce 1995 when the Recychng D~vlslon was created, the Commercial D~wslon supplemented
the Recychng Division's operatmnal needs as necessary w~th personnel and vehicles As a result,
the Recycling D~vlslon was able to expand the community's recychng opportunities through the
expansion and addition of recychng drop-off sites In order, to meet the ~ncreas~ng demand for
both the City's commercml solid waste collection and recychng serwces, the Commercial
D~VlSlOn's and Recycling Dlvlmon's field personnel were integrated m 1999 Although th~s
tntegratlon facilitated the deployment of both divisions' resources to max~nnze service dehvery
effimency, those resources proved mcreamngly inadequate to meet the commumty's burgeoning
commermal and recycling needs
To properly service the City's 58 recychng sites ~n 1999 as well as to assist with special projects
such as the annual Jazz Festival and the City's sem~-annual Household Hazardous Waste
collection events reqmred the commitment of the Recychng Division's 4,160 regular man hours
plus 617 overtime hours In addmon, the Commercial D~wslon prowded 3,810 hours of
assistance to the Recycling Division to complete ~ts tasks during the year Together, the
Commercial and Recychng Dlwslons committed 8,654 hours to completion of the C~ty's
recychng services during 1999, the eqarvalent of 4 2 worker years
Because Denton's prodigious growth w~ll continue to increase the demand for Commercml
services, the Commercial Division wall not be able to sustain ~ts assistance to the Recychng
D~v~s~on As a result the Recycling Dlwslon's FY 2001 Operating Budget will add two full t~me
drivers which would increase the number of the Division's drivers to three w~th a Senior Crew
Leader as a working supervisor Th~s increase m personnel should ehmlnate the need for
recychng asmstance from the Commercial D~ws~on and could reduce the Recycling D~vlslon's
overtime expenditure These additional resources, in combination w~th the recychng servtce
dehvery adjustments c~ted below, should enable the Division to nnmmlze serwce dehvery
xntermpt~ons in FY 2001 and to sustain its current dlvers~on rate
Among the D~vtslon's proposed service dehvery adjustments, three have already been
~mplemented 1) at the request of the Parks and Recreatmn Department, the North Lakes
Recychng Center was moved on September 1 from its former location at the west end of the Park
to the east end of the Park opposite H~nkle Drive, 2) on September 1, clear, brown, and colored
glass collections were consolidated at the City's Landfill, 3) due to ~ts low utfuzatmn and a high
rate of glass contamination, the Center on Edwards St near the UNT campus was discontinued
on August 1, 2000
The decision to consolidate glass collections at the Landfill was based on several factors The
City uses either dumpsters or multi bins (that also have compartments for metals cans) to collect
glass recyclables The use of dumpsters or multi bins at a particular center is dictated by the
capacity of a center's ergonomics to accommodate a particular type of contmner as well as the
amount of glass recyclables usually deposited at that center As a result, the majority of drop off
centers that accept glass are provided with dumpsters each of which must be transported by a
contmner truck from its drop off center to the Landfill At the Landfill the dumpster is off loaded
to a 20 yard open top container whmh, when filled, as transported to market in Dallas Of course,
muln b~ns that accept glass (as well as metals) must also be transported to market when filled to
capacity, but they can be transported m the mult~ bm w~th their aluminum and steel can contents
However, the transport of mdivldual glass dumpsters from their respective centers to the landfill
for aggregauon in an open top contmner ~s labor and eqmpment intensive as is the eventual
transport to market of the open top filled with glass Until the economics of glass recycling
became prolubmve ~n 1998, Fulton's Recycling on Ft Worth Dr accepted the C~ty's glass
However, since then, the C~ty has been forced to transport its glass to market an Dallas Also,
since then, the City has seen a dramatic decrease in glass recychng and an increase m its
contamlnatlon
Although the price of glass has rarely exceeded $0 015 per pound, for most of the past year it has
hovered at $0 0025 per pound for clear and brown glass only, vendors do not pay for colored
glass In addition, glass compacts m the Landfill at 1,500-1,800 lbs per cubic yard wtnle paper
compacts In the Landfill at only 500-600 lbs per cubic yard By comparison, the potential
Landfill space sayings of diverted paper ~s three times that of glass Overall, the small amount of
revenue generated by glass recycling, its d~sproportlonate consumption of Department resources,
and its residual effect upon landfill space savmgs does not compare favorably w~th the
Department's opportunity to tnvest its resources in paper and other recyclables However m
order to accommodate those citizens who still wish to recycle glass, the Department has located
dumpsters for clear, brown, and colored glass at the City's Landfill Although this Center
currently accepts only glass and used oil and filters, by late October flus Center will accept
additional materials such as paper, cardboard, aluminum and steel cans, textiles, and, possibly,
plastic
To maxlrmze effiment and consistent service dehvery w~tlun its resources, the Recychng
Division is eonsldenng the following addttmnal recyclmg servme dehvery adjustments 1)
discontmumg all inside collectmns of paper and aluminum recyclables from City office
bmld~ngs City personnel would be required to deposit their recyclables m centrally located
recychng containers located on the outside of their respective office bmldmgs for collection by
recychng crews, 2) chscontmue the Ft Worth Dr Recychng Center Tbas center ~s located on
private property adjacent to Ft Worth Dr Its location attracts considerable litter from passing
vetucles and illegal dumpmg Because the new owners on wluch the Center is located are more
concerned about the Center's appearance than the previous owners were, the Department ~s
~nvestlng considerable resources to mamtmn the Center's appearance
2
The foregoing additional servme dehvery adjustments are only proposals at this time Their
implementation has been postponed until the Dlws~on is able to examine the Impact that those
changes already underway will have on servme delivery and ff the addlt~onal proposed changes
are, in fact, necessary
When consldenng all of ~ts recycling service delivery adjustments, the Department examined
assocmted oppormmty costs (the fiscal costs attnbnted to ~nvesting ~ts resources in collecting
dafferent types of recyclables) and the effect upon the landfill d~version rate It has been the
Department's consistent experience that, when gaven a choice, ~ts hm~ted resources are best
invested m the collection and marketing of non-glass recyclables, particularly paper The
Department also considered ~ts near- term service delivery needs For example, the Department
recently received a grant through the North Central Texas Council of Governments to construct a
Reuse Famhty at the Landfill This Facility should be operating by this summer and will reqmre
staffing by the Reeychng D~vis~on In addition, the D~vas~on may be asked to assume the
curbs~de collection of apphances now performed by the Resldentml and Commercial DlVlS~Ons
OPTIONS:
1 Contmue those recyehng dehvery service adjustments akeady ~mplemented and proceed with
examination of the need for further proposed adjustments
2 Modify those recyelmg service dehvery adjustments akeady ~mplemented in order to
possibly restore all or part of those adjustments
RECOMMENDATION.
Staff recommends that the Department continue to ~mplement those recychng servme dehvery
adjustments already underway and that ~t monitor the need to implement any further adjustments
ESTIMATED SCHEDULE OF PROJECT:
Not applicable
PRIOR ACTION/REVIEW (Council Boards, Commission)
The proposed reeyehng servme delivery adjustments were thoroughly d~scussed w~th the Public
Utilities Board dunng the FY 2001 budget preparation process
FISCAL INFORMATION'
Both clear glass and brown glass are currently generating $0 0025 per pound while colored glass
does not generate any revenue Given this price structure as well as the mcreasmg glass
contamination rate, glass collections are annually generating less than $300 By contrast, the cost
to transport just one open top container filled w~th glass to and from market costs a mrmmum of
$180 while the collection of glass dumpsters from their various Centers for transport to the
Landfill can cost as much as $400 weekly
3
BID INFORMATION.
Not apphcable
MAP
Not appheable
ATTACHMENTS'
Exhibit I - FY 1999 Landfill Avoided Costs for Rccyclablcs
Exhibit II - Recycling Proforma
Respectfully submitted
Charles Watk~ns
Sohd Waste Director
Recycling Proforma FY 2001
($ x 1,000)
Revenues.
Product Revenue $ 70
Residential Funding (422)
Commercial Funding (52)
Interest Income 10
Subtotal Revenue $ 80
Expenses:
Operating Expenses $ 524
Nonoperabng Expenses 7
F~xed Assets 23
Subtotal Expenses $ 554
Cash Net Income ¢ (474)
5
FY 1999 Landfill Avoided Cost for Recyclables
Recyclable Tonnages Collected
Product Tons Collected
Yard Waste 8,655
White Paper / Newspaper 1,777
Cardboard 139
Aluminum / Steel 101
Glass 58
Appliances 115
Textiles 48
Total Tons 10,893
Avoided Cost per Ton $ 15 75
Recyclable Product Avoided Cost $ 171,566
Aoenda No
Agenda Item
Date_
AGENDA INFORMATION SHEET
AGENDA DATE: October I0, 2000
DEPARTMENT. Water Utilities
ACM. Howard Martin, 349-8232
SUBJECT:
1LECEY~E A REPORT AND HOLD A DISCUSSION CONCERNING A WHOLESALE
WASTEWATER TREATMENT SERVICES CONTRACT WITH THE CITY OF ARGYLE
AND AN INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY
OF DENTON, TEXAS AND THE CITY OF ARGYLE, TEXAS PERTAINING TO THE
CONSTRUCTION AND INSTALLATION OF THE GRAVEYARD BRANCH GRAVITY
FLOW WASTEWATER MAIN
BACKGROUND'
The C~ty of Denton currently provides wastewater treatment services to the City of Argyle
through an ~ntenm wholesale wastewater treatment contract w~th the Upper Tnmty Regional
Water D~stnct (UTRWD) Th~s contract wQ1 expire December 31, 2000 Staf£d~scussmns
between the City of Denton, C~ty of Argyle, and UTRWD have determined that ~t ~s appropriate
to execute a new wholesale wastewater treatment servmes contract threctly between the C~ty o£
Denton and the C~ty of Argyle Exhibit I prowdes a dral~ of the new wholesale wastewater
services contract
The new draft contract contains the same basra provm~ons that ex~st ~n the current contract with
one major exception The major change is to include the reqmrement that wastewater impact
fees be collected from the C~ty of Argyle ~n accordance w~th Denton's ~mpact fee orthnance
Under the prowmons of the draft contract (Section 23), the City &Argyle agrees to pay Denton a
wastewater Impact fee for each new or ups~zed connection wtth~n Argyle's servme area served
by the Denton system We wall need to amend the Impact Fee Ordinance to prowde for the
collection of~mpact fees from wholesale customers Due to the fact that Argyle has 320 SFE of
ex~stmg unused capamty m thmr hftstatlon and force main, ~mpact fees wall not be collected untd
560 SFE's are connected to the Denton system
The C~ty of Denton and City of Argyle are also m the process of developing an mterlocal
cooperation agreement regarthng cost part~mpat~on as well as construction and installation of the
Graveyard Branch wastewater hne project Extublt II prowdes a draft of the ~nterlocal
cooperatmn agreement Ttus new line will extend generally along the graveyard branch channel
ahgnment from Crawford Road m Argyle to Denton's Hickory Creek wastewater ~nterceptor
Under the prowmons of tYas draft agreement, the cost shares for each c~ty are based on the
projected use of the line flow eapamty Argyle's capacity share ofth~s hne will be 1600 SFEs
Using tlus formula, the City of Argyle will pay approximately 20% of the total cost of the line
Based on the current $3 594 million estimated cost of the Graveyard Branch line, Argyle's share
will be approximately $709,000 Denton sold Wastewater revenue bonds earlier th~s year to
finance the new llne, and Argyle will reimburse Denton for Argyle's share of the debt service
cost In addition to Argyle's share, the current owner of the Huffines' property will also pay an
agreed to amount of $1,078,000 as part of the Huffines' settlement for the participation in the
Graveyard Branch wastewater line
RECOMMENDATIONS:
None at this time When both the wholesale wastewater treatment contract and lnterlocal
cooperation agreement are finalized, Staff wall submit the documents to the City Councd for
final approval
PRIOR ACTION/REVIEW (Counell~ Boards, Commission)'
Both of these issues have been discussed with the Public Utdmes Board and City Council on
previous occasions
FISCAL II~IFORMATION.
The Graveyard Branch wastewater line project cost shares are estimated as of October 4, 2000,
but subject to further change, as follows
Denton Share $1,807,000
Argyle Share 709,000
Settlement Agreement Share 1,078,000
Total Project Cost $3,594,000
Respectfully submitted
Howard Martin
ACM/Ut~htles
Prepared by
J~m Coulter
D~rector of Water Utthtles
Exhibit I Draft Wholesale Wastewater Services Treatment Contract wxth City of Argyle
Exlublt II Drall Graveyard Branch Interlocal Cooperation Agreement w~th City of Argyle
2
9~28~00 DRAFT
WHOLESALE WASTEWATER TREATMENT SERVICES CONTRACT
BETWEEN THE CITY OF DENTON, TEXAS
AND THE CITY OF ARGYLE
STATE OF TEXAS §
COUNTY OF DENTON §
Th~s contract made between the City of Denton, Texas, a munic~pal corporabon, acbng here~n
by and through ~ts C~ty Manager, M~ke Jez, who ~s duly authorized so to act, hereinafter referred
to as "Denton," and the C~ty of Argyle, acting here~n by and through ~ts Mayor Yvonne Jenkins,
who ~s duly authorized to act, hereinafter referred to as "Argyle"
WHEREAS, Denton owns and operates a wastewater collection, treatment, and d~sposal
system ~n Denton County, Texas, and of their respecbve systems, both Denton and the City of
Argyle desire to avoid duphcabon of services through coordination for the collection, treatment,
and reclamation of the wastewater, and
WHEREAS, Denton and Argyle desire to enter ~nto an agreement for Denton to treat
wastewater on a wholesale bas~s for Argyle, and
WHEREAS, the pubhc health, welfare, and safety of the residents of Denton and Argyle require
the development of adequate systems of sewage collection and d~sposal, the el~mtnabon of
water pollution, and the preservabon of the water resources of the area, and
WHEREAS, Denton and Argyle are required to comply w~th standards and treatment methods
for wastewater as set forth In federal, state and local, laws and regulabons and permits, and,
WHEREAS, Denton and Argyle have an ~nterest ~n maintaining and restonng the chemical,
physical, and b~ologlcal ~ntegnty of waters and water resources, especially those betng used by
Denton and Argyle, and ~nsunng the reduction of pollution tn sa~d waters and water resources,
and planning the use, development, restorabon, preservation and enhancement of sa~d waters
and water resources, and
3
EXHIBIT I
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Wholesale ~ Treatment Services Contract between City of Denton and the C~ty of Argyle
Page 2 of,t4 $3
WHEREAS, Argyle desires to contract for wastewater treatment service on behalf of Customers
of Argyle, and Denton desires to prowde rag~onal wastewater treatment service on a wholesale
bas~s to Argyle, and
WHEREAS, the C~ty of Argyle's enabling statute authonzes Denton and Argyle to enter ~nto th~s
Contract
NOW, THERFORE, Denton and Argyle, ~n consideration of the terms, covenants, and
cond~bons heraln contained, hereby agree as follows
AGREEMENT
Adoption of Preamble All matters stated ~n the preamble of th~s Contract are true and
correct and are hereby ~ncorporated into the body of th~s Contract as though fully set forth ~n
their enhrety here~n
1 0 Definitions When used ~n th~s Contract, these terms shall be defined as follows
1 0'1 Act or "the Act" The Federal Water Pollubon Control Act, also known as the Clean
Water Act ("CWA"), as amended (33 U S C 1251, et seq )
1 02 Biochemical Oxygen Demand (BOD) The quantity of oxygen ublized ~n the
biochemical oxidation of organic matter specified by procedure ~n Standard Methods, and
results expressed ~n terms of weight and concentration (m~ll~grams per I~ter (mg/I))
1 03 Ca,libratlon Venficat~on of meter accuracy ubl~z~ng standard primary dewce procedures
and cahbrat~on s~gnals and/or a separate flow measurement ~nstrument
1 04 CaPital Improvements Any of the following fac~t~bes which provide utlhty serwces and
benefits common to all wholesale and retail Customers, and that have a I~fe expectancy of one
or more years located w~th~n the junsd~cbonal hm~ts of Denton or the C~ty of Argyle wastewater
treatment facilities, metenng and sampling fac~l~bes, control systems and appurtenances, all
major collectors and interceptors that are ten ~nches (-I~t2") and greater m d~ameter and hft
stations associated therewith,
4
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1 05 Categorical Industrial User (ClU) An ~ndustnal user that ~s subject to Categorical
Pretreatment Standards according to 40 CFR Secbon 403 6 and 40 CFR Chapter I, subchapter
N, which are technology-based standards developed by EPA sethng ~ndustry-spec~flc effluent
I~m~ts
I 06 ArCl¥1e Depending on context, may refer to the C~ty of Argyle or to Argyle's Customer
or other Customers of Argyle being provided service pursuant to th~s Contract
1 07 Ar_q¥1e Svstem The facilities of Argyle used for pretreatment, collection, and
transportabon of Wastewater to the Point of Entry ~nto Denton's system
1 08 Delivery Facil,tles All fac~l~bes necessary for the transmission ofwastewater from the
C~ty of Argyle System to the Denton System that are on the C~ty of Argyle's side of the Point of
Entry that are constructed specifically to allow Denton to serve Argyle
1 09 Director The Denton Water/Wastewater Ubl~bes D~rector or the designee
1 10 Direct Cost Costs d~rectly assignable to the wholesale customer
1 11 DomestlcAccounts S~ngle family and res~denbal duplex dwellings served by one
water meter Th~s defin~bon ~s used only in the context of determining b~ll[ng on a per-
connecbon bas~s
1 12 Denton Expense Expenses ~ncurred by Denton related to wholesale wastewater
service, such expenses to be allocated as a System Cost ~n future cost-of-service studies
1 13 Denton System Denton's wastewater collection and treatment system, ~nclud~ng the
Point of Entry prowded for here~n
1 14 Argyle Representative Mayor of the C~ty of Argyle or designee
1 15 Facility Expansion The expansion of the capacity of an ex,sting facility that serves
the same funcbon as an otherwise necessary new Capital Improvement, ~n order that the
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ex~sbng facility may serve new or expanded development The term does not ~nclude the repair,
maintenance, modern~zabon, or an expansion of an ex~sbng fac~hty to better serve ex~sbng
development
1 16 Gerleral Benefit Capital Facilities Wastewater facilities that prowde ut~hty services
and benefits common to both Denton retail and Denton wholesale Customers, including
wastewater treatment fac~l~bes, metering and samphng fac~llbes, control systems and
appurtenances, and all collectors and ~ntemeptors that are ten ~nches (AtO 12") and greater ~n
d~ameter
1 17 Indirect Discharge The d~scharge or the ;ntroducbon of ~ndustr~al wastes from any
source regulated under Secbon 307(b) or (c) of the Act, (33 U S C 1317), into the Denton
System (~nclud~ng holding tank waste d~scharged ~nto the system)
1 18 Industrial User A source of Indirect D~scharge, which does not constitute a "d~scharge
of pollutants" under regulat;ons, ;ssued pursuant to Section 402, of the Act, (33 U S C 1342)
1 19 Industrial Wastes All water-borne sohds, hqu~ds or gaseous substances resulting from
~ndustr~at, manufactunng or food processing operabons, or from the development of a natural
resource, or any m~xture of these w~th water or domest;c sewage
1 20 Infiltration Water that has m~grated from the ground ~nto the wastewater system
1 21 Inflow Water, other than wastewater that enters a sewerage system (~nclud~ng sewer
service connections) from sources such as, but not I~m~ted to, roof drains, cellar drains, yard
drains, area drains, dra;ns from spnngs and swampy areas, manhole covers, cross connections
between storm sewers and samtary catch bas~ns, cooling towers, storm waters, surface runoff,
street wash waters or drainage Inflow does not include, and is d~sbngu~shed from infiltrabon
water
1 22 Liquid Waste The water-borne sol~ds, I~qulds, and gaseous substances derived from
certain sources including, but not hm~ted to, a grease trap, sepbc tank, chemical to~let waste and
sand trap waste
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1 23 Metering and Sampl,ng Facility The meter, meter vault, and all metenng and
telemetry equipment required to measure and/or sample wastewater flows of the C~ty of Argyle
at Point of Entry(s) or ~nto Denton's System
1 24 Non-domestic Account Commercial, ~ndustnal, mult~fam~ly or other accounts that are
not considered Domestic Accounts Th~s def[n~bon is used only ~n the context of determining
b~lhng on a per-connection bas~s
1 25 Non-Metered Area Areas w~th~n the C~ty of Argyle's certificated boundaries that
generate wastewater that do not drain ~nto a part of the C~ty of Argyle system for which
wastewater flow is measured by an approved metering and samphng fac~hty
1 26 Non-Categorical Industrial User (lU) Any non-domesbc Industrial User, other than a
CIU, which ~ntroduces Wastewater ~nto a pubhcly owned treatment works (POTW)
1 27 Point of Entry The metenng faclhty, the point of connection to the Denton System
1 28 Pretreatment The reduction of the amount of pollutants, the ehmmabon of pollutants,
or the alterabon of the nature of pollutant properties ~n wastewater to a less harmful state prior
to or ~n lieu of discharging or otherwise ~ntroduc~ng such pollutants ~nto a Publicly Owned
Treatment Works Physical, chemical or b~olog~cal processes can obtain the reduction or
alterabon, or process changes by other means, except as prohibited by 40 CFR Section
403 6(d)
1 29 Pretreatment Requirements Pollutant concentrabon d~scharge hm~tat~on and reporbng
requirements sbpulated ~n Denton's Sewer Use Ordinance No 93-112 and any amendments
thereto, Argyle's ordinance, and Federal Pretreatment Standards promulgated by the U S
Environmental Protection Agency
1 30 Significant Industrial User (SIU) Any ~ndustry, which d~scharges ~ndustnal wastes,
d~rectly or indirectly ~nto the C~ty of Argyle's System and/or Denton's System
D~scharges 25,000 gallons per day or more of regulated ~ndustnal wastewater
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Is subject to the Nabonal Pretreatment Standards or Categoncal Standards of the U S
Enwronmental Protection Agency, or,
· Has a reasonable potential, ~n the opinion of the D~rector, to adversely affect the Denton
System due to d~scharge of wastewater w~th abnormally h~gh strength or conta~mng
hmlted or prohibited substances
1 31 Standard Methods Those testing or analys~s procedures as prescribed ~n the current
ed~bon of "Standard Methods for Exam~nabon of Water and Wastewater," published by the
Amencan Pubhc Health Association and/or the U S Enwronmental Protection Agency "Manual
of Methodologies for the Exam~nabon of Water and Wastewater," or w~ll otherwise comply w~th
procedures specified m state and federal d~scharge permits held by Denton
1 32 System Costs Operabng expenses and capital related costs ~ncurred by Denton m the
provision of wastewater collection and treatment service to the wholesale class of wastewater
customers Such costs are to be ~dentlfied by Denton as a component of the annual cost of
prowd~ng wholesale wastewater treatment service
1 33 Total Suspended Sollds (TSS) Sohds, measured ~n mg/I, that either float on the
surface of, or are in suspension ~n, water, wastewater or other hquldS, and which are largely
removable by a laboratory filtration device
1 34 Wastewater All hqu~d or water-carned waste products from whatever source derived,
whether treated or untreated, which are d~scharged into or permitted to enter ~nto the Denton
System The words "wastewater" and "sewage" are ~nterchangeable
1 35 Wastewater System Impact Fee A capital contribution or recouping of the costs of
General Benefit fac~htles, capital ~mprovements or Fac~hty Expansion necessitated by and
attributable to new growth and development, and/or expanded growth and development of
ex~sbng Customers
2 0 Connection to the Denton System
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Page 7 of 34 33
2 1 Denton hereby grants to Argyle, upon compliance w~th the terms and conditions
contained here;n, permission to connect Argyle Systems to the Denton System The C~ty of
Argyle shall delwer and d~scharge wastewater into the Denton System, and, Denton shall
transport, treat, and dispose of the wastewater received from the C~ty of Argyle, m accordance
w~th th~s Contract The C~ty of Argyle shall provide all hnes, hft stat;ons, and assoc;ated fac~hbes
and shall acquire all property, interests, I~censes, and perm;ts that are necessary to collect and
transport Wastewater from the C~ty of Argyle to the Denton System
2 2 It shall be the sole respons~blhty of the C~ty of Argyle to convey and dehver the
Wastewater to the Point or Points of Entry approved by Denton and designated ~n Exhibit IV
Denton agrees to accept all Wastewater from Argyle at the Point(s) of Entry as designated on
Exhibit IV, attached hereto and ~ncorporated herein, and at such add~bonal Points of Entry as
may later be mutually agreed upon by the Director for Denton and the (Argyle Representabve)
A Point of Entry may be changed, or additional Points of Entry added upon sa~d mutual
agreement, which agreement shall be ~nd~cated by amendment of Exhibit IV, s~gned by the
D~rector The C~ty of Argyle shall pay for Denton's capital operational and administrative costs
recurred due to any change ~n the location of a Point of Entry, ~f the change was requested by
the C~ty of Argyle, or necessitated by the C~ty of Argyle d~scharge charactensbcs
2 3 The cost of all Dehvery Facilities necessary to convey Wastewater to the designated
Points of Entry, whether shown on Exhibit "IV" or mutually agreed upon at a later date, together
w~th the cost of connection of the C~ty of Argyle System to the Denton System with the
exception of metering and samphng faclhbes, shall be borne by the C~ty of Argyle
2 4 Unless mutually agreed to ~n wribng by Denton and Argyle, Argyle shall be responsible
for the design, contracting, construction and financing of Dehvery Fac~ht~es and acqu~s~bon of
any necessary nghts-of-way and easements for such fac~hbes Ail designs, matenals and
specifications shall conform to Denton's requirements as a m~mmum Plans and spec~ficabons
for Delivery Fac~ht~es, which connect to the Denton System, shall be submitted to the D~rector
for wntten approval No construcbon shall beg~n until such approval has been given Argyle
agrees that Denton has the right to make penod~c mspecbons dunng the construction phase of
the Dehvery Facilities Final acceptance of such fac~ht~es from the point of connection up to and
including the metenng and samphng point ~s subJect to the ~nspecbon and wntten approval of the
C~ty of Denton Wastewater Director, or h~s designee
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Page 8 of 34 33
2 5 To facilitate adequate five-year planning for the transportation and treatment of
wastewater, Denton w~ll require that the following approval process be utilized when large
volume contnbutors are anticipated to be added to the system Denton w~ll require that a five-
year planning document revised annually that details proJected increases ~n wastewater flow to
the Denton System be submitted to the Director for incorporabon into the Denton planning
document The C~ty of Argyle's planning document w~ll be submitted annually by November 1
Argyle agrees not to provide service to, or contract or subcontract with, any new single retail
customer (or any customer located outside the boundaries of the C~ty of Argyle) whose need for
Wastewater service would exceed !00,000 25,000 gallons per day (gpd) add~bonal treatment
requirements without prior wntten approval by the C~ty of Denton D~rector
2 6 Facilities within Denton CCN P~pellnes and other fac~hbes constructed by or for the
C~ty of Argyle for the purposes of carrying out th~s Contract which are located w~th~n an area for
which Denton holds a certificate of public convenience and necessity to prowde sewer utlhty
service, shall comply with standards and specifications approved by Denton For such p~pehnes
and fac~hbes, Denton may require that the improvements be oversized pursuant to a separate
parbc~pabon agreement w~th the C~ty of Argyle Denton shall have the right to approve the
Iocabon of any such oversized faclhbes Upon complebon of an oversized hne and payment by
Denton of its partlc~pahng share, the C~ty of Argyle shall transfer to Denton the ownership of the
oversized I~ne and associated easements and property ~nterests
2 7 Service Requirements The parbes acknowledge and agree that th~s Contract sets
forth the terms and cond~bons upon which Denton w~ll prowde wastewater treatment services for
wastewater from the area wlthtn the boundanes of the C~ty of Argyle To facilitate the prows~on
of th~s serwce by Denton, the C~ty of Argyle has provided an Esbmate of Service Requirements
set forth ~n EXHIBIT "__", which ~s attached hereto and made a part hereof for all purposes and
shall prowde updated Esbmates of Service Requirements no less often than once each year on
November 1 If the total service requirements under th~s Contract exceed an average da~ly flow
greater than __ m~ihon gallons per day or a 2-hour peak flow of m~lhon gallons per
day, the C~ty of Argyle must provide a written request for the service, and Denton must evaluate
the dehvery system for the transportabon of the wastewater to the point of entry
3 0 Maintenance of Denton and Customer Systems
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Page 9 of 34 33 I
3 1 Argyle agrees to maintain ~ts system ~n good condition and to make repairs ~n a bmely
manner and to require ~ts customers to so maintain and repair their respective systems Denton
shall have the nght to refuse to accept Wastewater for treatment ~f Argyle's System ~s not being
maintained to generally accepted standards Denton shall not have any responsibility or hab~hty
now or ever for the operation of the City of Argyle's System, except agreed to ~n writing by the
parbes hereto
3 2 Denton agrees to maintain ~ts system ~n good cond~bon and to make repairs in a t~mely
manner Argyle shall not have any responsibility or hab~l~ty now or ever for the operation of the
Denton System, except as otherwise provided here~n
4 0 Meterin~l and Samphng Facilities
4 1 Beginning on the effecbve date of th~s Contract, Denton shall have the exclusive nght to
operate and maintain Argyle metering and samphng fac~l~bes at ex~st~ng and all future Points of
Entry, and Denton shall become solely responsible for the operabon and maintenance
associated w~th these system cost fac;I;t~es Argyle shall have access to the metenng facilities
for ~nspection purposes only Argyle shall not adjust or calibrate the meter and w~ll continuously
provide a mute of ;ngress and egress to sa~d metenng and samphng facilities for Denton
Denton shall have the d~scret~on to construct ~mprovements, expansions, and replacements to
sa~d facilities as a System Cost, subject to rewew by Argyle of all proposed construcbon,
expansion, and replacement plans Argyle will also grant and prowde to Denton such permits or
easements as are necessary for the continuous operation and maintenance of all metenng and
samphng fac~i~ties All such costs ~ncurred by Denton for operation, maintenance, construction,
expansion, and replacement of Argyle metenng and sampling fac~ht~es shall be considered
System Costs
4 2 Unless otherwise agreed to by both part~es m wnbng, Denton shall have the opbon to
construct Argyle metering and samphng facilities not currently ~n existence All construchon
costs, ~ncludmg, but not hm~ted to, s~te acquisition and preparation, design and eng~neenng,
construction, and equipment for such fac~htles, together w~th the costs of necessary easements
and rights-of-way, shall be System Costs, including all necessary mod~ficabons to accommodate
a complete ~nstallabon sabsfactory to Denton If Argyle constructs new metering and samphng
11
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Page 10 of 34 33 I
facd~bes, Argyle may e~ther transfer ownership of such newly constructed facd~t~es, together w~th
all necessary access easements and rights-of-way, to Denton ~n a form satisfactory to Denton or
may grant Denton the right of ~ngress and egress to such fac~hbes, together with the authonty to
operate and maintain the facd~t~es as specified ~n Section 5 1, within s~xty (60) days of such
complebon Thereafter, Denton shall operate, maintain and replace the facd~tles as a System
Cost and treat any ownership transfer as a contnbubon for rate purposes, but same shall not be
~nd~cabve of equity ownership
4 3 Expenses ~ncurred by Denton for the operabon and maintenance of Argyle metenng and
samphng faclht~es shall be System Costs and shall ~nclude, but not necessarily be hm~ted to, the
following
A Cost of electnc~ty at the facd~ty
B Cost of the ~nstallabon of the telemetry service at the facd~ty and to the control center
and cost of monthly lease charge for the telephone hne
C Cost of cahbrabon
D Cost of parts, materials and supphes required for repairs, cahbrabons and upgrading
of the faclht~es
E Labor cost plus fnnge benefits and ~nd~rect costs for repairs, cahbrabons and
upgrading of the facd~bes
F Maintenance of ~ngress and egress and meter facd~ty s~te
G Meter reading costs
4 4 Replacement of Metenng and Sampling Facd~bes or components thereof as may be
occasioned by obsolescence due to age, excessive maintenance, growth or other reasons as
determined by the D~rector shall be a System Cost
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4 5 The C~ty of Argyle shall construct, ~nstall, and maintain for each Point of Entry a control
manhole to allow Denton to monitor Wastewater received from Argyle Control manholes shall
be located and constructed ~n accordance w~th spec~flcabons approved by Denton, to allow
Denton to have unrestricted access at all reasonable bmes Upon completion, the control
manholes shall become the property of Denton and shall be matnta;ned and repaired by
Denton
4 6 Upon expiration or term~nabon of th~s Contract, Denton shall transfer to Customer the
ownership of any property easements, metering and sampling fac~l~bes and rights-of-way
conveyed to Denton pursuant to the terms of th~s Secbon 5 In the event the contract ~s
transferred to another entity and Denton continues to treat wastewater from the C~ty of Argyle
ownership of the aforementioned ~tems shall remain w~th Denton
5 0 R~.qhts-of-Way
Argyle shall grant, w~thout charge to Denton, such easements and nghts-of-way along public
h~ghways or other property owned by Argyle, as requested by Denton, ~n order to construct or
maintain mains or facilities w~thm the boundary I~m~ts of Argyle to convey Wastewater dehvered
to the Points of Entry [Upon nobce from Argyle and at Denton Expense, Denton w~ll move such
wastewater mains or faclht~es located ~n such street nght-of-way, or other property owned by
Customer when reasonably necessary to the performance of essenhal governmental duties by
Customer ] Upon not~ce from Denton and at Customer's expense, Customer will move such
wastewater mains or fac~hbes when located m such street nghts-of-way or other property owned
by Denton when reasonably necessary to the performance of essenbal governmental duties by
Denton All work done on behalf of Denton under th~s paragraph w~ll be performed ~n
accordance w~th specifications equal to those applying to work of a s~m~lar nature performed
within Denton The part~es hereto (and applicable Customers of the C~ty of Argyle) w~ll be
raqu~red to restore the other's property to a condition equal to ~ts ong~nal condition, unless
otherwise mutually agreed ~n wnbng Denton and Argyle agree to coordinate their location of
the mains and/or facilities m the other's easements and nghts-of-way m order to prevent future
confhcts ~nsofar as reasonably pracbcable
6 0 Metering and Sampling
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6 1 All flow d~scharged into the Denton System by Argyle shall be metered, unless
specifically agreed to by both parbes ~n wnbng Should both part,es agree ~n wnbng that
metenng ~s not possible, the agreed upon method for determining the volume shall ~nclude an
adjustment for ~nflltrabon and inflow
6 2 If, ~n the judgement of the D~rector, the sewage generated w~th~n one or more areas of
the C~ty of Argyle cannot be accurately measured by an approved type of metenng station, then
the charge for samtary sewer service within that drainage area will be made on a per-connecbon
bas~s In such cases, the volume of sewage for b~ll~ng purposes will be determined by adding
the product derived from mulbply~ng the number of Domestic Accounts w~th~n the area t~mes the
average gallons of Wastewater flow per Domesbc Account w~thm the metered area, plus the
estimated Wastewater flow for Non-domestic Accounts based on an agreed upon percentage of
metered water consumpbon The total volume so derived each month wHI be used for
calculating the total sewer charges due each month for that drainage area and such charges w~ll
be added to other charges, ~f any, based on metered connecbons For all such non-metered
areas, Argyle w~ll be responsible for providing data each month on the number of Domesbc
Accounts and the metered water volume of all Non-domestic Accounts Argyle w~ll prowde th~s
data to Denton no later than the 5~h of each calendar month Alternatively, the Director and
Argyle Representabve may agree m wnt~ng to a non-metered system for such areas, based on
water usage for the area dunng the three winter months of December, January, and February
6 3 Argyle shall have access to the metenng and samphng fac~ht~es at all reasonable bmes,
prowded however that any reading, cahbrabon, or adjustment to such metering equipment shall
be done by employees or agents of Denton, or other mutually approved third party Cahbrabon
agent, ~n the presence of representabves of Argyle and Denton, ~f so requested by Argyle
Not~flcabon of any proposed tests shall be prowded to the C~ty of Argyle at least seventy-two
(72) hours prior to such test being conducted
6 4 All readings of meters w~ll be entered ~n ~nk upon bound journals maintained by Denton
Argyle shall have access to such records dunng reasonable bus~ness hours and shall be
furmshed w~th monthly totahzer readings for each Point of Entry metenng and sampling fac~hty
6 5 Denton shall cahbrate and routinely service the meters at least once dunng each six- (6)
month penod Cop~es of the results of such Cahbrat~on and all related ~nformabon shall be
~4
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Page '13 of 34 33 I
provided to Argyle Denton shall not~fy the C~ty of Argyle at least seventy-two (72) hours ~n
advance of the date and t~me for any Calibration, and Argyle may observe ~f so desired
6 6 Upon any Cahbrabon, if ~t ~s determined that the accuracy envelope of such meter ~s
found to be lower than mnety-flve percent (95%) or h~gher than one hundred five percent
(105%) expressed as a percentage of the full scale of the meter, the reg~strabon of the flow (and
bdhngs related thereto) as determined by such defective meter shall be corrected for a period
extending back to the t~me such ~naccuracy began If such t~me ~s ascertainable, or, ~f such bme
~s not ascertainable, then for a period extending back one-half (1/2) of the t~me elapsed s~nce
the date of the last cal~brabon, but ~n no event further back than a period of s~x (6) months
6 7 If additional meter Cahbrat~ons are requested by the C~ty of Argyle over the normal
Calibration frequency, then the following payment procedure wdl be used Corrections to meter
Calibrations that are ~ns~de the plus or m~nus 5% range w~ll be pa~d for by the C~ty of Argyle and
wdl be added to the C~ty of Argyle's next monthly bdl for receipt of payment Corrections outside
the plus or m~nus 5% range wdl be pa~d by Denton
6 8 If any meter used to determine volume from the C~ty of Argyle ~s out of service or out of
repair so that the amount of Wastewater delivered through the penod cannot be ascertained or
computed, within five percent (5%) accuracy, Wastewater volume shall be estimated and
agreed upon by the part~es hereto upon the bas~s of the best data available If a meter ~s
determined to be reading inaccurately by more than five percent (5%), a correct~on to the bdhng
shall be made as follows
(a) Take the number of gallons measured by the meter for a period extending
back ~ of the brae elapsed s~nce the date of the last cal~brabon of the meter
(b) Multiply that amount by the percentage of ~naccuracy to obtain the total
number of gallons not properly registered,
(c) Multiply the gallons by the applicable rate dunng the t~me of the ~naccuracy to
get the amount to be debited or credited, as appropriate
If a meter completely fails, a correction shall be made by using the average of the gallons of
wastewater bdled for the prior three months, or some other mutually agreeable method, to
obtain a dady average, which shall be apphed to the days for which the meter was not working
~5
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Page 14 of 34 33
In the event that the parhes hereto cannot agree on the esbmate of Wastewater volume
dehvered, agreement on the flow volume w~ll be determined by a committee composed of the
D~rector (or h~s designee) the C~ty of Argyle Representative (or h~s designee) and a third person
to be mutually agreed upon and the cost of the reconcrhabon process w~ll be equally shared
Any ad.!ustments in b~lhng prowded ;n th;s Section, whether a credit or debit, may be sabsfied
~mmedlately or may be made ~n equal ~nstallments over the bme equal to the bme for which the
failure or inaccuracy was calculated
6 9 Denton shall obtain samples three (3) times per year to determine the quality of the
wastewater for b~ll[ng for the extra strength of the wastewater Each set of samples w~ll apply to
a four-month period for bllhng purposes These samples shall be obtained at the designated
metenng and samphng faclhbes or other mutually agreed upon sampling points for the purposes
of b~lhng for the strength of the wastewater To determine the quahty of the wastewater for each
of the three (3) samphng periods, Denton shall collect twenty-four (24) hour flow-weighted
composite samples for five (5) consecubve days In case of a malfunction of the sampling
equipment for whatever reason for one or more days, add~bonal days shall be added to obtain
five (5) samples The five (5) samples will be averaged to determine the wastewater strength
for b~ll[ng purposes Unless the BOD or TSS exceeds 250 mg/I, no fee for extra strength shall
be applicable or charged Denton w~ll prowde Argyle w~th a minimum of seven (7) day advance
notlficat~on of ~ntent to sample If, at the request of Argyle or at the request of the D~rector, more
extensive momtonng ~s desired, such add~bonal momtonng shall be pa~d for by the party making
the request and shall be done ~n comphance w~th Secbon 7 If Argyle requests such additional
momtonng, Denton shall ~nvo~ce Argyle for the operabonal and adm[mstratlve costs and
payment shall be made w~thm (30) thirty days after receipt of ~nvo~ce
The not~ficabon required in th~s section shall ~nclude the planned dates, bmes, and Iocabons(s)
of samphng Denton shall analyze the samples collected ~n accordance w~th Standard Methods
Argyle may be present dunng the Initial set-up of samphng equipment and at the bme of p~ck up
for each twenty-four (24) hour composite sample Denton agrees, ~f requested, to split said
wastewater samples w~th Argyle for ~ndependent analyses
6 10 If, m the opinion of the D~rector, compliance momtonng ~s required, the D~rector may
order that additional momtonng be performed w~th or without prior nobce to Argyle Sa~d
comphance momtonng ~s to be m add~bon to the penod~c samphng set forth ~n Sechon 7 9 All
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~nformatlon obtained because of such comphance mon~tonng shall be prowded to the Qty of
Argyle upon request Denton wdl prowde not~ce of the results of such compliance momtonng to
Argyle w~th~n a reasonable t~me thereafter
6 11 Costs ~ncurred by Denton under th~s Secbon 7 w~ll be considered a System Cost
7 0 Rates and Charges
7 1 Wholesale wastewater rates wdl be based upon generally accepted cost-of-serv~ce rate
methodologies developed by ~ndependent ubhty rate consultants as descnbed here~n The
D~rector shall select the ~ndependent utility rate consultant The cost of such studies will be a
D~rect System Cost All cost-of-serv~ce studies shall be conducted ubhz~ng the utd~ty cost bas~s
of determining revenue requirements applicable to the wholesale ~ Wastewater class
The last rate study was completed dunng 1999 by Reed-Stowe consultants Rate studies by an
~ndependent utd~ty rate consultant wdl be conducted at least every five (5) to six (6) years
Internal rate rewews will be conducted annually, based on consultant rate study methodology, to
rewew rates and charges to recover allocated costs The C~ty of Argyle shall have access to all
data used to calculate the proposed rate to be charged, and the City of Argyle will be provided
at least 60 days advance notice w~th opportunity to rewew and comment on any proposed rate
changes
7 2 The cost-of-service for the wholesale class shall ~nclude allocated reasonable and
necessary operation and maintenance expense, depreciation expenses, administrative
expenses, ~,qd a fair and reasonable return on allocated capital facd~t~es, and street rental fee
To determine the allocation ~nclud~ng ~nflow and ~nflltrat~on of costs to the C~ty of Argyle, the
following factors shall be considered total volume, rate of flow, wastewater quahty, metenng,
and Argyle related costs such as accounbng, bdl~ng, and momtonng and Argyle service
Capital-related costs consist of depreciation expenses and return on the original cost rate base
Deprec~abon expense wdl be based upon the original cost of all capital facd~t~es, both ~nvested
and contributed capital, which facd~bes are expected to be replaced by Denton at a future date
~n order to maintain service Costs to transport the wastewater wdl be based on ~nterceptor Itnes
ten ~nches (10") ~n d~ameter and greater A street rental fee equal to four percent (4%) of total
operation and maintenance costs w~ll also be charged On a penod~c bas~s as determined by
the D~rector, the depreciation rates on all General Benefit Capital Facd~t~es shall be stud~ed, and
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new salvage values, useful I~ves, and annual rates of deprec~abon shall be developed from such
studies The "net-book" rate base shall consist of all allocated capital fac~l~bes, net of
accumulated depreciation and less contributions to the Denton System, and shall ~nclude
construction work ~n progress, a reasonable allowance for working capital, and a reasonable
~nventory of matenals and supphes necessary for the efficient operation of the Denton System
Working capital shall be based on one e~ghth (45 days) of annual operabon and maintenance
costs Records of the ong~nal cost, the accumulated deprec~abon on all capital fac~hbes, and
contnbubons to the Denton System shall be ma~nta;ned ;n the Denton fixed asset tracking
system These records shall be available for ~nspect~on at the Denton Utlhtles financial
Department dunng reasonable bus~ness hours upon request by Argyle
7 3 Denton shall be allowed an adequate opportunity to earn a reasonable return on ~ts
investment The rate of return shall be sufficient to assure confidence m the financial
soundness of the ubhty, adequate to maintain and support ~ts credit, enable ~t to raise the money
necessary for the proper d~scharge of ~ts pubhc dubes, and shall be equal to the weighted
average ~mbedded rate of interest on all outstanding wastewater system revenue bonds plus
one-and-one-half percent (1 5%)
74 Every five (5) to s~x (6) years, a detailed wholesale revenue requirement shall be
developed on an actual h~storlcal cost, test-year bas~s, allowing for reasonable and necessary
expenses of prowd~ng such wastewater service, and allowing for known and measurable
changes ~n costs Such changes shall allow the spreading of non-recurnng expenses over an
appropnate benefit penod The first test year occurred October 1, 1997, through September 30,
1998, when Reed/Stowe consultants performed an ~ndependent ut,hty rate study for the first two
(2) calendar quarters of F Y 1998 On a five (5) to six (6) year cycle thereafter, a complete,
detailed rate study w~ll be performed w~th the same methodology used in the previous rate study
by an ~ndependent ut~hty rate consultant Thereafter, changes ~n the methodology w~ll be
allowed ~f recommended by the independent consultant In the ~ntenm between complete
detailed rate studies, wholesale wastewater rates shall be adjusted by Denton using the same
methodology adopted at the same t~me of the last complete detailed rate study ut,hz~ng the
actual operating data for the twelve month penod ending September 30th of the prior year,
adjusted for known and measurable changes in cost data which may have occurred s~nce the
last audited statement
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7 5 The in~tial rates for th~s Contract shall be those adopted by the Denton C~ty Councd ~n
Ordinance 99-296- 2000-295 finalized ~n September !999 2000, effecbve October 1, !999
2000, as follows
Volume Charge $2 00 per 1000 gallons
BOD Strength Charges $0 004228 mg/I of BOD above 250 mg/I
TSS Strength Charges $0 002317 mg/I of TSS above 250 mg/I
Facd~ty Charges $180 00/30 days
Sampling Charge $35 00
Analys;s Charge $15 00
See Appendix A for a complete breakdown of charges
7 6 Amendment of Rate
The rate charged the C~ty of Argyle shall ~ncrease or decrease ~n accordance w~th any
amendment to the Rate Schedule applicable to the C~ty of Argyle, as approved by ordinance of
the C~ty Councd of Denton At least ~ sixty (9~ 60) days pnor to the effecbve date of any
proposed amendment of the rate charged to Argyle, Denton shall send wntten nobce of the
proposed rate amendment to the C~ty of Argyle If Denton fads to g~ve written notme at least
~ sixty (~ 60) days prior to the effective date of the amended rate, the amended rate
shall become effective, as ~t applies to the C~ty of Argyle, on the ~ s~xty -first (~- 61) day
after the written nobce is sent
7 7 Denton shall render bdls for Wastewater treatment and d~sposal service to Argyle
monthly All such bdls shall be due and payable by Argyle not more than thirty (30) days from
the b~lhng date The bdls w~ll show current charges, as well as past-due charges Current
charges shall be the amount due for Wastewater coilecbon, treatment and disposal service
provided since the pnor bdl~ng penod Past-due charges shall be the total amount unpaid from
all prior bdhngs as of the current bdl~ng date Payments received shall first be applied to the
past due charges, ~f any, and thereafter to the current charges For late payments, a finance
charge of ten percent (10%) per annum may be calculated from the date when the payment was
due unbl paid
7 8 If Argyle d~sputes a bdl and is unable to resolve the difference informally, Argyle shall
nobly the D~rector m wnbng D~spute of a bdl ~s not grounds for nonpayment If Argyle at any
time d~sputes the amount to be pa~d to Denton, Argyle should nonetheless promptly make such
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payment, but, ~f ~t ~s subsequently determined by agreement or court decision that such d~sputed
payment should have been less, or more, Denton shall promptly correct the charges All such
amounts due and owing to Denton by Argyle, or due and owing to Argyle by Denton, shall be
pa~d plus ten (10%) percent per annum from the date when due unt~t pa~d
7 9 The part~es agree that services obtained pursuant to th~s Contract are essential and
necessary to the operation of Argyle's wastewater facd~t~es, and that all payments made by
Argyle shall constitute reasonable and necessary operating expenses of wastewater systems
w~th~n the meaning of Artmle 1113, Vernon's Annotated Texas Statutes, w~th the effect that the
obhgat~on to make such payments shall have priority over any obhgat~on to make any payments
from such revenue w~th respect to all bonds or other debt obhgat~ons heretofore or hereafter
~ssued by Argyle
7 10 Argyle agrees, throughout the term of th~s Contract, to fix and collect such rates and
charges for wastewater servme ~n ~ts system as wdl produce revenues ~n an amount equal to at
least
(I) All of operation and maintenance expenses of such system, ~ncludlng specifically Its
payments under th~s Contract
(Il) All other amounts as required by law and the provisions of the ordinances or
resolutions authorizing ~ts revenue bonds or other obligations now or hereafter
outstanding, including the amounts required to pay all pnnclpal of and interest on
such bonds and other obhgat~ons
8 0 Argyle Concerns and Disputes
8 1 Argyle shall not~fy the D~rector regarding any concern or d~spute related to the wholesale
Customer volumes bdled and/or wholesale rates charged Denton shall prowde explanations
and/or documentation which outlines the processes used by Denton ~n order for Argyle Ne d to
fully understand how the monthly volumes and bdhngs were determined and/or wholesale rates
were calculated
8 2 If Argyle d~sputes the monthly bdhng and/or rates, Argyle must continue to make prompt
monthly payments as required by th~s Contract If, after a thorough rewew, Argyle's concern or
d~spute ~s determined to have ment and justification, the area of concern or d~spute shall be
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promptly adjusted and corrected Unless otherwise specified ~n th~s Contract, the determ~nabon
or settlement m areas of d~spute wdl generally be judged against standard practmes used ~n the
wastewater treatment and collecbon ~ndustry, whde cons~denng fairness to both part~es The
fi .......... C ...................... If agreement cannot be reached then third
party arbitration may be necessary Procedures for third arbitration are set firth in
section 25 6
9 0 Industrtal Connection and Monttorlng
9 1 Argyle agrees that ~t will not permit any S~gnlficant Industrial User within ~ts junsd~cbon to
connect directly or indirectly either to its system without at least thirty (30) days prior written
not~flcabon to the D~rector of such ~ntent to connect Argyle shall prowde the Director with such
~nformat~on pertaining to volume and compos~bon of expected flow as may be requested After
a review of the submitted data, the D~rector has the right to refuse the permit only ~f m-such SIU
would cause Wastewater discharged by the City of Argyle at the Point of Entry to be in woiabon
of this Contract
9 2 Argyle agrees to conduct any and all mon~tonng, sampling and ~nspectlon of Argyle
System and Industnal Users as necessary to ~nsure that ~ndustnal waste introduced ~nto the C~ty
of Argyle System meets the quality standards set out ~n Secbon 12 2 hereof Upon request to
Argyle, a representative of Denton will be permitted to observe Argyle's collecbon of samples
from Industnal Users, and Argyle agrees to furnish Denton separate duplicate samples for
~ndependent testing, and, upon request, to provide the D~rector sample analysis results and
Pretreatment records
9 3 Argyle agrees that Denton shall have the nght to sample wastewater at all Points of
Entry and such other Iocabons as may be mutually agreed to ~n wnbng by both part~es for the
purpose of determining the volume and quahty of wastewater entenng the Denton System
Argyle agrees to d~sconnect from ~ts system any Industrial User found to be ~n wolabon of
allowable d~scharges or who refuses access to ~ts facd~bes for the purpose of samphng
wastewater being d~scharged ~nto the City of Argyle System, provided, however, that sa~d
d~sconnected Industnal User shall be afforded the same nghts and pnwleges of appeal as
Industnal Users operebng w~th~n Denton's junsdlcbon Prowded, however, Denton may not
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require such Industnal User to d~sconnect from Argyle's System ;f the quahty of the wastewater
delivered to the Point of Entry ~s ~n comphance w~th th~s Contract
9 4 Follow~ng reasonable nobce to the C~ty of Argyle by Denton, Denton may enter Argyle's
junsd~ct~on ~f Denton determines that quesbonable d~scharges or prohibited d~scharges are
entenng the Denton System through the Point of Entry Argyle agrees to ass;st Denton and to
coordinate w~th ;ts Customers m locating and el[m~nabng such prohibited d~scharges w~th~n
Argyle System
9 5 The D~rector shall send wntten notice to the C~ty of Argyle ~f ~t ~s determined that a
Customer is falhng to provide a satisfactory Pretreatment program or a d~scharge by the C~ty of
Argyle ~s ~n wolabon of the SUO or th~s Contract The not~ce shall conta;n the following
(a) the nature and descnptton of the wolat~on,
(b) the prows~on of the SUO or of th~s Contract being wolated,
(c) the correcbve acbon that must be taken, and
(d) the bme ~n which the correcbve acbon must be taken
Denton and Argyle shall cooperate to determine the source of any wastewater discharge
v~olat~on and agree to cooperate ~n remedying the v~olabon, but, Argyle shall be responsible for
~nsur~ng that the wolat~on is properly and timely corrected Argyle's failure to take reasonable
efforts to have the wolabon corrected m the t~me specified shall be a breach of this Contract for
which Denton may terminate service to the particular Customer where~n the offending v~olatlon
~s taking place
10 0 Wastewater Quality
10 1 Argyle agrees that ~t shall enact operabng policies and enforce an ordinance governing
~ndustnal waste that are at least as stnngent as the prows~ons of the current Denton Sewer Use
Ordinance No 93-112 (SUO) (Exhibit V)
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102 The part~es recognize that federal and state laws and regulabons concerning
Wastewater treatment and d~scharges may periodically change dunng the term of th~s Contract,
requ~nng rews~ons ~n the SUO It ~s the ~ntent of th~s Contract that the SUO be rewewed
penod~cally by Denton and rewsed ~n accordance w~th the latest laws and regulabons of federal
and state agencies hawng junsd~ctlon over wastewater treatment and d~scharges Argyle
agrees, upon reasonable not~ce, to enact and enforce ordinances or any amendments to the
SUO, or any future ordinances relabng to ~ndustnal d~scharges, proh~bited or controlled wastes
or Pretreatment Requirements
10 3 Denton shall give wntten notice to Argyle at least ninety (90) days prior to conslderabon
by the Denton C~ty Council of any amendment of the SUO that amends a provision of the SUO
that apphes to th~s Contract or that adds a new prows~on to the SUO that Denton ~s required to
apply to wastewater received by Denton under th~s Contract
10 4 Argyle shall be responsible for g~wng nobce of the proposed amendment to any of its
Customers affected by the amendment Upon the effecbve date of the amendment to the SUO,
~t shall be considered an amendment to th~s Contract and shall be attached to Exhibit V,
showing the amendment made Fadure of Denton to g~ve the notice required here~n shall not,
however, reheve the C~ty of Argyle or any Customer from the respons~bd~ty of complying w~th the
amendment as of the date it becomes effective Argyle shall adopt and enforce such proposed
ordinances or amendments as soon as reasonably practicable after the effective date of the
Denton ordinance or amendment
10 5 Argyle agrees that the quality of the wastewater d~scharged ~nto the Denton System shall
be equal to or better than the quality standards established by Denton Ordinance No 93-112, or
any amendment thereto adopted pursuant to Section 12 1
10 6 Argyle shall require all S~gntficant Industrial Users w~th~n ~ts junsdlcbon that ulbmately
d~scharge ~nto the Denton System to apply for and obtain a permit from Argyle allowing such
d~scharge Such permit shall require Industnal Users to abate prohibited substances from their
d~scharge as a cond~bon to d~scharg~ng wastewater ~nto the Argyle System The permit
apphcabon shall contain, as a m~n~mum, the following
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1 Name and address of d~scharger
2 Agent for d~scharger
3 Type of ~ndustry
4 Products produced or services rendered
5 Chemicals being stored and/or used
6 Anticipated dady wastewater flow rates
Argyle shall prowde Denton a copy of such application and permit, ~f ~ssued, w~th~n fourteen (14)
days after ~ssuance
11 0 T~tle to and Liability for Damages and Respons~bd~ty for Treatment and D~sposal
of Wastewater
L~abd~ty for damages arising from the transportation, delwery, reception, treatment, and/or
d~sposal of all wastewater d~scharged ~nto the Denton System hereunder shall remain w,th
Argyle to the Point of Entry, and upon pass~ng through Point of Entry, t~tle to such wastewater
and habd~ty for such damages shall pass to Denton As between Denton and Argyle, each party
agrees to ~ndemn~fy the other to the extent permitted by law and to save and hold the other
party harmless from any and all claims, demands, causes of action, damages, losses, costs,
fines, and expenses, ~ncludlng reasonable attorney's fees, which may arise or be asserted by
anyone at any t~me on account of the transportation, dehvery, reception, treatment, and/or
d~sposal whde t~tle to the wastewater ~s ~n such party, or on account of a prohibited d~scharge by
the C~ty of Argyle Denton has the respons~bd~ty for the proper reception, transportation,
treatment and d~sposal of all wastewater d~scharged ~nto the Denton System, but not for
prohibited d~scharges by any party at any Point of Entry Denton may, after treatment of such
wastewater, reclaim, use or sell the water, sludge or any other product for reuse Wastewater
entenng the Denton system becomes the property of Denton
12 0 Infiltration and Inflow
Argyle agrees that ~t has an obhgat~on to prevent ~nflltrat~on and ~nflow ~nto ~ts system and then
~nto the Denton System Argyle further agrees that all sewer connections w~th~n ~ts junsd~ct~on,
which ultimately enter the Denton System, w~ll be constructed ~n accordance w~th applicable
specifications and standards at least equal to those of the Denton System Further, Argyle
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covenants and agrees to maintain stnct supervision and maintenance of ~ts system to
reasonably prevent connecbons through which surface drainage can enter the Denton System
Argyle shall not make, nor shall ~t permit to be made, any connection, which w~ll contribute storm
water run-off from rainwater, spouts, drainage areas, streets, gutter dra~n or other source of
rainwater into Argyle's System
I3 0 Assistance
13 1 In the event, Argyle requests assistance w~th its system, Denton may, at ~ts opbon, assist
Argyle Argyle agrees to pay Denton ~ts actual costs ~ncurred, ~nclud~ng, but not limited to,
admm~stratlon, labor and material expended Nothing herein shall be construed to require
Denton to assist Argyle Such costs wdl be ~nvo~ced to Argyle and payment made w~th~n thirty
(30) days after receipt of invoice Should the C~ty of Argyle request a long term Operations and
Maintenance Contract for ~ts system, then a separate contract can be prepared
13 2 In the event, Denton requests assistance w~th ~ts system, Argyle may, at ~ts opbon, assist
Denton Denton agrees to pay Argyle Its actual costs ~ncurred, ~nclud~ng, but not hm~ted to,
admlnmtration, labor and material expended Nothing herein shall be construed to require
Argyle to assist Denton Such costs w~ll be invoiced to Denton and payment made w~th~n thirty
(30) days after receipt of invoice
14 0 Pretreatment Program
If requested by Argyle, Denton will enter ~nto a separate contract w~th Argyle, or directly w~th a
parbcular Customer, to develop and/or administer a local Pretreatment service program for such
Customer on a cost reimbursement basis
15 0 Repo~s and Records
If requested by the D~rector, Argyle, shall provide the following data on an annual bas~s
A Actual number of Customer accounts d~schargmg ~nto the C~ty of Argyle System,
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B Class~ficabon of Domestic and Non-domestic Accounts w~th~n ~ts service area by number
and percentage of accounts d~scharg~ng ~nto the Argyle System
C Add~bonal data which may assist Denton and/or Argyle m developing methodology for
cost of service studies, planmng studies for analyzing federal grants, and wholesale
system Impact Fees, prowded, however that Denton shall not request data that w~ll
require Argyle to ~ncur unreasonable expenses ~n providing such data
160 Notices
Any nobce, communication, request, reply or advice here~n provided or permitted to be g~ven,
made or accepted by e~ther party to the other party must be in wnbng to
City of Denton C~ty Manager
C~ty of Denton
215 E McK~nney
Denton, Texas 76201
Argyle Mayor
C~ty of Argyle
506 N Hwy 377
Argyle, Texas 76226
The part~es hereto shall provide not~ce ~n wnbng of any change that may occur ~n their
respective addresses from bme to t~me
17 0 Inspection and Audit
Complete records and accounts required by each party hereto shall be kept for a per~od of five
(5) years Each party shall at all times, upon nohce, have the r~ght at reasonable bmes to
examine and ~nspect sa~d records and accounts dunng normal business hours, and further, ~f
required by any law, rule or regulation, make sa~d records and accounts available to federal
and/or state auditors
Whenever, under the terms of th~s agreement, Denton ~s permitted to give ~ts written consent or
approval, Denton, ~n ~ts d~screbon, may g~ve or may refuse such wntten consent or approval
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Page 25 of 34 33
and, ~f g~ven, may restrict, hm~t or condition such consent or approval m any manner ~t shall
deem adwsable, however, consent wdl not be unreasonably w~thheld
180 Waiver, Remedy, Severabdlty
18 1 No waiver by e~ther party hereto of any term or condition of th~s Contract shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition
182 In addition to any other remedy as may be provided by law, th~s Contract shall be
specifically enforceable by the part~es hereto Venue for any action shall be ~n Denton County,
Texas
18 3 It ~s agreed that, m the event any term or provision here~n contained ~s held to be ~nvahd
by any court of competent jurisdiction, the ~nvahd~ty of such term or prows~on shall m no way
affect any other term or provision contained here~n, further, th~s Contract shall then conbnue ~n
full force and effect as ~f such ~nvahd term or prows~on had not been contained here~n
190 Ownership and Liability
191 Except as expressly provided here~n, th~s Contract shall not be construed to create any
type of joint or equity ownership of any property, any partnership or joint venture, nor create any
other property nghts or habd~bes Argyle payments (whether past, present, or future) w~ll not be
construed as granting to Argyle any part~al ownership of, prepaid capacity ~n, or equity ~n the
Denton System Prowded however, Argyle shall have the conbnu~ng nght to receive the
services prewded for here~n under the terms of th~s Contract
192 Contracts made and entered ~nto by e~ther Argyle or Denton for the construcbon,
reconstruction or repair of any Delivery Facd~ty shall ~nclude the requirement that the
~ndependent contractor(s) must provide adequate insurance protecting both the City of Argyle
and Denton as ~nsured Such contract must also provide that the ~ndependent contractor(s)
covenant to ~ndemn~fy, hold harmless and defend both the C~ty of Argyle and Denton against
any and all su~ts or claims for damages of any nature ans~ng out of the performance of such
contract
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20 0 Compliancewlth Permit Conditions
Argyle acknowledges that Denton ~s the holder of d~scharge permits ~ssued by the Un~ted States
and the State of Texas Argyle agrees that ~t will comply w~th all permit condlbons ~n any way
relating to its collection system and any d~scharge ~nto the Denton System Argyle agrees that
~n the event, a fine ~s assessed against Denton for any v~olat~on of any permit cond~bon, and the
wolabon ~s attnbutable to any act of omission or commission by Argyle, sa~d Argyle w~ll
~ndemn~fy Denton and pay to Denton the amount of such fine If such fine ~s not attnbutable to
Argyle, such fine shall be pa~d by Denton
21 0 Term of Contract/Effective Date
The term of th~s Contract shall be for twenty (20) years w~th the provision for two (2) 10-year
term extensions based on mutual agreement from the date first stated above and thereafter
shall be subJect to re-negobatlon between the parbes hereto Any party elect,rig to terminate
this contract must provide the other party with five (5) years notice
22 0 Force Maleure
No party hereto shall be considered to be in default ~n the performance of any of the obhgat~ons
hereunder (other than obhgabons of either party to pay costs and expenses), if such failure of
performance shall be due to an uncontrollable force beyond the control of the part~es, ~ncludlng
but not hmited to failure of faclhbes, flood, earthquake, tornado, storm, fire, hghtn~ng, ep~demm,
war, not, ciwl disturbance or d~sobed~ence, labor d~spute, and action or non-action by a failure to
obtain the necessary authonzabons and approvals from any governmental agency or authonty
or the electorate, labor or material shortage, sabotage, or restraint by a court order or pubhc
authority, which by the exercise of due diligence and foresight such party could not have
reasonably been expected to avoid and which by exercise of due d~l~gence ~t shall be unable to
overcome E~ther party rendered unable to fulfill any such obligation shall exercise due
d~t~gence to remove such ~nab~l~ty w~th all reasonable d~spatch
In the event the proper operation of the Denton System, as a result of the above, requires
Denton to temporarily interrupt all or part of the services to Argyle, no claims for damage shall
28
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be made by Argyle against Denton Denton wdl exercise ~ts best efforts to ~nsure that such
~nterrupt~ons wdl not adversely affect the health and welfare of Argyle's residents In the event
the proper operabon of Argyle System, as a result of the above, requires Argyle to temporarily
~nterrupt, reduce or ~ncrease flow to the Denton System, no claims shall be made by Denton
against Argyle
23 0 Wastewater Impact Fees
The Denton C~ty Councd has adopted "impact Fees" by amending Chapter 26 "Utd~t~es" Of the
Code of Ordinances ORDINANCE No 98-301 prowd~ng for the Assessment of Such "Impact
Fees"
23 1 On a quarterly basis, Argyle agrees to pay to Denton a Wastewater System Impact Fee
for each new or enlarged connecbon for Wastewater service made w~th~n Argyle's service area
served by the General Benefit Capital Facdlt~es of the Denton System Argyle agrees to place
quarterly ~mpact fees received ~n an ~nterest bearing account and remit to Denton on a quarterly
basis the impact fees plus ~nterest earned The Wastewater System Impact Fee to the C~ty of
Argyle for each such connection shall be based upon the s~ze of water meter and shall be equal
to the Wastewater System Impact Fee collected for the same s~ze water meter made w~thln the
retad service area of Denton, except as prowded ~n subparagraph 26 6 of th~s Section Water
meters ~nstalled solely for ~rngabon purposes shall not be assessed a wastewater Impact Fee
The calculabon of the Wastewater System Impact Fee shall be consistent w~th all apphcable
state and federal regulations, ~nclud~ng Chapter 395, Texas Local Government Code, or any
amendment or successor statute It shall ~nclude only those costs associated w~th wastewater
system capital expansions and capital improvements ~dent~fled by Ordinance No 98-301 or
amendments of said Ordinance, necessary to prowde service to new growth and development,
and/or expanded growth and development of ex~st~ng Customers Nothing w~th~n th~s Contract
shall be deemed to prevent e~ther Denton or Argyle from charging their own retad Customers an
~mpact fee ~n excess of the wastewater system Impact Fee prowded for here~n
23 2 Denton agrees that all mon~es for Impact Fees remitted to ~t pursuant to th~s section
be placed ~n a separate interest beanng account to pay only for the cost of constructing capital
~mprovements or fac~hty expansions for the wastewater system as permitted by Chapter 395,
Texas Local Government Code, or any amendment thereto, or by any successor statute thereto,
29
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Wholesale INW Treatment Services Contract between City of Denton and the City of Argyle
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and wdl not be used for operabon and maintenance expenses Once expended on cap,tal
projects, such funds and all interest earned thereon w~lt be considered a "contribution" for rate
setting purposes and shall not be included in the rate base for wholesale service or return on
investment calculation purposes Depreciation expense will be based on the original cost of all
capital facd~t~es both ~nvested and contributed capital, which fac~l~bes are expected to be
replaced by Denton at a future date ~n order to maintain service
23 3 Argyle shall provide to Denton such ~nformatlon that relates to the making of new and/or
~ upsized connecbons within ~ts jurisdiction as may be requested by the Director,
~ncludlng but not limited to budding permits, w~th each quarterly payment required ~n this
Secbon
23 4 Neither Denton nor Argyle shall waive any ~mpact fee due from a retail Customer for a
new or ~ upslzed connecbon to ~ts respective system w~thln ~ts junsd~cbon However,
either Denton or Argyle may pay such ~mpact fee from other sources into the fund required for
paying for the capital ~mprovements
23 5 Denton agrees that only those capital ~mprovements related to the wastewater system
~denbfled ~n Ordinance 98-301 or amendments of sa~d ordinance, shall be included ~n the capital
~mprovements plan for the purpose of determining Wastewater System Impact Fee, prowded,
however, Denton may include other capital improvements for the purpose of determining ~mpact
fees to ~ts own retad Customers
23 6 Prior to the adoption of any land use assumptions, capital improvements, or Impact
Fees, the City of Argyle shall be furnished a copy of the proposed land use assumpbons, capital
~mprovement plan or proposed Impact Fee at least 30 days prior to any scheduled heanng
thereon Any rewsed Impact Fee adopted pursuant to such updated capital improvements plan
shall not take effect for a period of at least n~nety (90) days after adoption by Denton
24 0 Termination
24 1 This Contract ~s not ~ntended to specify an exclusive remedy for any default, but all such
other remedies (other than term~nabon) existing at law or m equity may be availed of by either
party and shall be cumulative Recognizing, however, that the fadure of e~ther party to perform
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cannot be adequately compensated ~n money damages alone, both parties agree that ~n the
event of any default on ~ts part, the other shall have available to ~t the equitable remedy of
mandamus and specific performance ~n add~bon to any other legal or equitable remedies (other
than termination) which may be available The remedy of termination for default precluded by
th~s paragraph does not ~nclude and does not prohibit Denton from terminating th~s Contract for
failure to remedy a wolabon under Secbons 10 or 12, or for the failure of the C~ty of Argyle to
pay for the services received
24 2 Also th~s agreement may be terminated ~n whole or ~n part by the mutual consent of the
governing bodies of the C~ty of Argyle and the City of Denton Notwithstanding anything
contained herein to the contrary, any matenal breach (a wolat~on of Secbon 10 or 12) by e~ther
party hereto to perform any of the duties or the obl~gabons assumed by such party hereunder or
to faithfully keep and perform any of the substantive terms, cond~bons and provisions hereof
shall be cause for termination of th~s Contract by the other party ~n the manner set forth ~n th~s
Section
24 3 For failure to pay for services rendered ~n accordance w~th th~s Contract, Denton may
terminate this Contract thirty (30) days following the date nobce of nonpayment ~s sent unless
payment ~s made by the C~ty of Argyle w~th~n that time
24 4 The terms and procedures set forth ~n Sections 24 2 and 24 3, while referring pnmanly to
Denton, shall be equally applicable to Argyle Denton shall dehver to Argyle n~nety (90) days
pnor wntten not~ce of ~ts ~ntenbon to so terminate th~s Contract ~f Argyle fa~ls to cure or adjust
such material breach, ~ncludmg ~n such nobce a reasonable descnpbon of the breach In the
event Argyle does not agree that it ~s ~n such breach, default or failure, Argyle may respond ~n
wnbng for Denton's further rewew, or, in the alternabve Argyle may respond w~th a plan of acbon
for Denton's approval, which approval will not be unreasonably den~ed Denton shall adwse the
City of Argyle ~n writing ~mmedlately upon acceptance of the cure of any such breach If within
sa~d n~nety (90) days of Argyle shall fall or refuse to cure such breach to the sabsfacbon of
Denton, then and in such event, Denton shall have the nght w~th s~x months advance written
additional nobce to Argyle and w~thout any I~ab~hty whatsoever on the part of Denton, to declare
th~s Contract terminated In the event of term~nabon of this Contract, all rights, powers, and
privileges of Argyle hereunder shall cease and terminate, and Argyle shall make no claim of any
kind whatsoever against Denton, ~ts agents or reepresentat~ves, by reason of such termlnabon or
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Wholesale wW Treatment Services Contract between City of Denton and the City of Argyle
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any act ;nc;dent thereto, provided Denton acted reasonably and such termination was not
unreasonable, arbitrary or capnc~ous The following breach, default or failure to perform a duty
or obhgabon shall be considered a matenat breach
a Failure to adopt and enforce any ordinance required to be adopted and enforced
here~n, or ~f by a Customer of Argyle, failure of Argyle to take reasonable steps to
obtain such action by Customer
b Failure to make any payment of any b~ll, charge or fee as prowded for ~n th~s
Contract
c Making any connecbon to the Denton system at any point except as prowded ~n
Secbon 2 2 hereof
d Failure to prowde Denton ~ngress and egress for purposes of samphng and
operabon and maintenance of any metenng or any samphng facility
e Failure to provide Denton w~th nghts-of-way as required here~n
f Failure to permit any sampling of Wastewater as provided for here~n
g Failure to d~sconnect ~ndustnal users of Argyle pursuant to th~s Contract
h Failure to maintain the quahty of d~scharge as required tn th~s Contract
Failure of Argyle to comply w~th Section 10 hereof
Failure of Argyle to comply w~th Secbon 23 hereof
k Failure of Denton to prowde the services required by th~s Contract or to carry out
~ts duties and responsibilities under th~s Contract
24 5 In case of any other nonmaterial breach, default, or failure to perform duties under th~s
Contract, Denton shall deliver to Argyle s~xty- (60) day's advance wntten nobce of such breach
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In the event Argyle does not agree that ~t ~s ~n such breach, default or failure, Argyle may
respond ~n writing for Denton's further rewew, or ~n the alternabve Argyle may respond w~th a
plan of acbon for Denton's approval, which approval wdl not be unreasonably den~ed If Argyle
fa~ls to cure such breach, default, or fadure according to such plan, then Denton may g~ve Argyle
written not,ce of such fadure to cure and may surcharge Argyle up to two hundred fifty dollars
($250 00) per day beginning on the 61't day after date set forth m the plan and continuing untd
such bme Argyle cures such nonmaterial breach or default
24 6 Any fadure by Denton to terminate th~s Contract or the acceptance by Denton of any
benefits under th~s Contract for any period of t~me after such mater~al breach, default, or failure
by Argyle, shall not be determined to be a waiver by Denton of any rights to terminate th~s
Contract for any subsequent matenal breach, default, or fadure
24 7 Any fadure by Argyle to so terminate th~s Contract, or the acceptance by Argyle of any
benefits under th~s Contract, for any period of brae after such breach, default, or fadure by
Denton shall not be determined to be a waiver by Argyle of any rights to terminate th~s Contract
for any subsequent material breach, default or fadure
25 0 Miscellaneous
25 1 This Contract ~s subject to all apphcable federal and state laws and any apphcable
permits, ordinances, or amendments adopted pursuant to Secbon 10 0 and any rules, orders, or
regulations of any state or federal governmental authority hawng or asserting jurisdiction
Nothing contained here~n shall be construed as a waiver of any right by either party to question
or contest any such law, ordinance, order, rule or regulation in any forum hawng jurisdiction
25 2 The part~es hereto agree to make any changes ~n th~s Contract made necessary by any
amendment or rews~on to state or federal regulations
25 3 Upon prior nobce by Denton, any duly authonzed employee of Denton beanng proper
credentials and ~dent~ficat~on shall not~fy Argyle of need for access to any premises located
w~thln Argyle's boundanes limits or served by Argyle for the purpose of ~nspecbons and
observation, measurement, sampling and testing and/or aud~bng, m accordance w~th the
provisions of th~s Contract Argyle may elect to accompany the Denton representative To the
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Wholeeale WW Treatment Services Contract between City of Denton and the City of Argyle
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extent permitted by law, Denton agrees to ~ndemn~fy Argyle for any damage or any ~njury to
person or property caused by the neghgence of such duly authorized employee while such
employee ~s m the course and scope of h~s employment
25 4 In each ~nstance herein where reference ~s made to a federal or state regulabon, ~t ~s the
retention of the part,es that, at any g~ven bme the current federal or state regulabon shall apply
If a pubhcat~on or reference work referred to here~n ~s d~scont~nued or ceases to be the generally
accepted work in its field, or ~f cond~bons change, or new methods or processes are
implemented by Denton, new standards shall be adopted which are ~n compliance w~th state
and federal laws and any valid rules and regulabons pursuant thereto
25 5 Section headings ~n th~s Contract are for convenience only and do not accurately or
completely descnbe the contents of any Section Such headings are not to be construed as a
part of th~s Contract or ~n any way defimng, I~m~t~ng or amplifying the prows~ons hereof
25 6 Whenever any d~sputed matter here~n ~s to be specifically determined by the use of an
arbitrator, the following procedure ~s to be followed The party requesbng that the d~spute be
settled by arbitration shall serve on the other party a request ~n wnbng that such matter be
handled by arbitration Argyle Representabve and D~rector shall mutually agree ~n writing on the
select~on of an ~mpart~al arbitrator Such agreement shall be made w~thm ten (10) days from the
date that the request for arbitration ~s received If agreement ~s not reached on the select~on of
the ~mpart,al arbitrator on or before the tenth (10th) day after the date that nobce ~s received, the
D~rector shall ~mmedlately request a I~st of seven qualified neutral arbitrators on the hst If they
do not agree w~th~n five (5) working days after the receipt of the hst, Argyle Representative and
D~rector shall alternate striking a name from the I~st and the name remaining shall be the
~mpart~al arbitrator Argyle Representabve and D~rector shall mutually agree on a date for the
arb~trabon heanng The decision of the arbitrator shall be final, and judgement may be entered
upon ~t ~n accordance w~th applicable law ~n any court hawng junsd~ct~on thereof
25 7 Denton shall have the right to assign th~s Contract to the Upper Tnn~ty Regional Water
D~stnct w~th the prior wntten consent of the C~ty of Argyle to any rews~ons or changes to th~s
Contract, which shall not be unreasonably w~thheld
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IN WITNESS WHEREOF, the part~es hereto have caused th~s agreement Contract to be
executed by their respecbve officer's thereunto duly authorized
ATTEST CITY Of DENTON
C~ty Secretary City Manager
APPROVED AS TO FORM AND LEGALITY
C~ty Attorney
ATTEST CITY OF ARGYLE
City Secretary Major
APPROVED AS TO FORM AND LEGALITY
General Counsel
35
10/6/00 1.40 P M DRAFT/mst
THE STATE OF TEXAS §
COUNTY OF DENTON §
INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF
DENTON, TEXAS AND THE CITY OF ARGYLE, TEXAS PERTAINING TO THE
CONSTRUCTION, INSTALLATION, AND COST PARTICIPATION OF THE
GRAVEYARD BRANCH GRAVITY FLOW WASTEWATER MAIN
THIS AGREEMENT is made and entered into by and between the City of Denton,
Texas, a Texas municipal corporation (hereafter "Denton"), whose principal offices are located
at 215 East Meghnney Avenue, Denton, Texas 76201, and the City of Argyle, Texas, a Texas
municipal corporation (hereai~er "Argyle"), whose pnnmpal offices are located at 506 Highway
377 North, Argyle, Texas 76226, each organized and existing under the laws of the State of
Texas, and acting by and through the anthonty of their respective govemmg bodies and officials,
and
WHEREAS, Denton and Argyle are local governmental entities, both of whom have thc
anthonty to perform the activities set forth in this Agreement individually, and who mutually
desire to enter into an lnterlocal cooperation agreement, as provided for in Chapter 791 of the
Texas Government Code (Vernon 1994) in order to maximize the benefits to the mtizens of
Denton and Argyle to be derived from each taxpayer and/or ratepayer dollar expended, and
WHEREAS, Denton has planned, and intends to construct and install a wastewater
transmission line that is located in Denton and Argyle, in Denton County, Texas, in order to
provide wastewater infrastructure to existing and future developments, which line is called the
"Graveyard Branch Gravity Flow Wastewater M~un" (hereafter the "GB Line"), and this ProJect
~s called the "Graveyard Branch Wastewater Main ProJect (hereafter the "ProJect"), and whmh
GB Line shall extend generally along the Graveyard Branch channel alignment from Crawford
Road in Argyle to Denton's Hickory Creek Wastewater Interceptor, and
WHEREAS, Denton and Argyle, each in accordance with its respective ordinances,
desire to jointly implement the ProJect and jointly participate in the cost of constructing and
lnstalhng the GB Line ProJect, for the purpose of providing facilities to adequately receive,
transport, treat, and dispose ofwastewater, and
WHEREAS, Denton has been and is wllhng to accept the responsibility of providing
~mproved wastewater treatment and services to entltmS located outside of its corporate limits to
protect water quality and develop reuse potential, and Denton and Argyle intend to enter into a
separate contract entitled "Wholesale Wastewater Treatment Services Contract Between the City
of Denton, Texas and the City of Argyle," (hereafter the "Contract") wherein Argyle desires to
obttun wastewater treatment service on behalf of its customers, and Denton shall provide Argyle
with regional wastewater treatment service on a wholesale basis, and
WHEREAS, Denton and Argyle desire to pool their respective financial resources to
avoid unnecessary or duphmtous costs and expenses, intend to coordinate the collection,
treatment, and reclamation of wastewater, and intend to attain mutual advantage and benefit by
EXHIBIT II
acinevlng economies of scale, resulting m savings to the taxpayers and ratepayers of Denton and
Argyle, and
WI+IEREAS, Denton and Argyle, by tins Interlocal Cooperation Agreement (hereai~er
the "Agreement") express their mutual understanding that the relat~onsinp to be created by
implementation of Agreement is that of two local governmental entlt~es sharing the cost
partlc~patlon of the GB Line, and there is a vahd governmental purpose served by tins
Agreement by Denton and Argyle to provide for construction and installation of the GB Line,
and
WHEREAS, Denton and Argyle represent that all payments made in connection with
governmental functions provided for by tins Agreement, shall be made from revenues available
to Argyle in accordance w~th the prowslons of Section 791 011(d)(3) of the Texas Government
Code, and that the payments received by Denton hereunder are adequate and fairly compensate
Denton for the services, functions, or activities performed, in accordance with the provisions of
Section 791 01 l(e) of the Texas Government Code, and
WttEREAS, the Interlocal Cooperation Act, now contained m Chapter 791 of the Texas
Government Code (Vernon 1994), anthonzes Denton and Argyle to enter into this Agreement for
the purpose of acinewng the governmental functions and providing the services, functions, or
activities represented by this collectave, cooperative undertaking, and
NOW, TItEREI~ORE, Denton and Argyle, for and in conslderaUon of the premises and
the mutual pronuses and covenants set forth m tins Inteflocal Cooperation Agreement, and
pursuant to the authority granted by the respective governing bodaes of each of the parties hereto,
m accordance with S ectxon 791 01 l(d)(1) of the Texas Government Code, do hereby AGREE as
follows
I
ADOPTION OF PREAMBLE
All matters and recitations stated m the preamble of this Agreement are true and correct and are
hereby incorporated by reference into the provisions of tins Agreement for all purposes pertinent
II
DEFINITION OF TERMS
In addition to the definitions stated m the preamble hereof, the terms and expressions as
hereinafter used m this Agreement, unless the context clearly indicates otherwise, shall have the
following mearnngs
(a) "Average Day Wastewater Flow" means the daily average flow rate computed by
dividing the total quantity of wastewater flow generated over a calendar year
d~vlded by 365 days per year
(b) "Project" means the Graveyard Branch Wastewater Mare Project
2
S \Our Doeuments\Contraots\00~,rsyle Inteflocal Cooperation Agreement Graveyard Branch Wastewater Line 10 00 D#3 doc
(c) "Bonds" as used herean, means the assuance of debt, ancludlng pnnclpal and
anterest, by Denton for the purpose of financing the Project
(d) "Interest Factor" as used hereto, means the rate utd~zed hereto which consists of
Denton's average ~nterest cost prod to retire the issuance of debt pertmmng to the
ProJect
(e) "Force Mare Project" means an exast~ng Argyle owned sax (6)qnch d~ameter
p~pellne that can transport wastewater under pressure from Argyle to Denton's
Hickory Creek Wastewater Interceptor For purposes of this Agreement, the
Force Main ProJect has a capamty of 560 LUEs
(f) "LUE" means hvmg umt eqmvalent On a dally average bas~s, one (I) LUE
generates 320 gallons per day (GPD) ofwastewater flow
(g) "Maxamum Day Flow Rate" means the expected maxamum wastewater quantaty
generated over a 24-hour day For purposes of this Agreement, the maximum day
flow rate equals to the average day flow rate t~mes two (2)
(h) "Peak Hourly Flow Rate" means the expected maximum wastewater quantity that
could occur m any g~ven 60-m~nute penod For purposes of this Agreement, the
peak hourly flow rate equals to the average day flow tames four (4)
0) "Project Costs" means all capital, construction, planmng, englneenng, surveying,
easement/right-of-way acqms~t~on, financing, and other typical costs associated
w~th the lmplementataon of the ProJect, including wathout hm~tatlon, the bond
tssuance costs, bond insurance premiums, underwnter's dascount, deposits to the
deposat reserve fund, and other related costs recurred by Denton ~n conjunctaon
w~th the ~ssuance of the bonds pertaimng to the ProJect
(j) "Partaes" means Denton and Argyle referred to collectavely
HI
TERMS AND PROVISIONS OF THE AGREEMENT
1 Denton shall desagn, install, and construct the Graveyard Branch Wastewater Main
ProJect winch mcludes, but ~s not limited to, approximately 20,000 hnear feet of 15-1nch, 21~
~nch, 24-1nth, 30qnch, and 36qnch dmmeter sewer pape, along wath all necessary appurtenances
thereto (including, wathout hmatation, metenng statmn, manholes, etc ), as generally shown on
Exhlbat I, attached hereto and ancorporated hereto by reference The ProJect shall commence at
the current downstream terminus of an exast~ng sewer mmn located lmmedmtely upstream of
Argyle's L~ft Station No 1 (termed the "Poant of Beginning") The ProJect shall terminate at
Denton's emstang Hickory Creek Wastewater Interceptor Mmn (termed the "End-Pmnt")
2 The Part, es agree that the ProJect at ats End-Poant w~th Denton's H~ckory Creek
3
S \Our Documents\Contracts\00k4.rgyl¢ Intcdocal Cooperation Agreement Graveyard Branch Wastcwater Line 10 00 D#3 doc
Wastewater Interceptor Mmn shall have a capacity of conveying 11 298 mfihon gallons per day
[subject to final verification and determmataon and is estimated at this t~me] (MGD) of
wastewater flow For purposes of ttus Agreement, the Part~es further agree that they shall each
have the following average day, maximum day, peak hourly flow capacities, and LUE capacity
[the following capacity rates of flow are subject to final verfficat~on and determination and
are estimated at th~s t~me]
CITY AVERAGE MAXIMUM PEAK HOUR LUE
DAY FLOW DAY PLOW PLOW CAPACITY
CAPACITY CAPACITY CAPACITY
(MGD) 0ViGD) (MGD)
Argyle 0 512 1.024 2 048 1,600
Denton 2.313 4.625 9.250 7,228
TOTAL 2 985 5 965 11 939 8,828
3 Prior to the begmmng of construction of the GB L~ne ProJect, Denton shall obtmn,
as part of the ProJect Cost, all necessary permits, hcenses and easements The easements, deeds,
plats, and other documents so obtmned by Denton shall be rewewed and approved as to form and
substance by Argyle prior to the begmmng of construction If Denton is unable to acqmm any
needed easements, Denton shall prowde Argyle w~th ~nformat~on and any requested
documentation of ~ts efforts to obtam such easements, mclud~ng ewdence of the negotiations and
offers made to the affected property owners Any easements for the GB L~ne Project obtmned by
Denton w~ttun the C~ty of Argyle shall be assigned to Argyle, xf easements are not already
acqmred m Argyle's name, pnor to acceptance of the GB L~ne ProJect
4 Argyle's share of the Project Costs for the GB Lme ProJect [Denton Staff ~s
currently evaluating the precise allocations and the Project Cost methodology as between
the various parties involved m the Projectl shall be based on Argyle's eqmvalent percent
capacity share (computed as 1,600 LUEs divided by the agreed LUE capacity for each plpehne
segment times 100) for each of the following ProJect segments t~mes the total Project Costs for
each segment
a Segment One - Commenmng at the Point of Beg~nmng located at the
manhole at Station 192+98 39, and ending ~mmedlately upstream from the manhole at Station
168+00, as shown ~n Exhibit I attached hereto and incorporated by reference herewith, and
further as shown on the plans accepted by the Part,es prepared by Halff &Assoctates, dated
Septembor 14, 2000 Segment One shall contmn ProJect xmprovements (e g, sewer mmns,
metenng station, manholes) that are exclumvely use and useful to Argyle Segment One shall be
solely owned by Argyle
b Segment Two - Commenmng at the manhole at Statmn 168+00 0 e,
where Argyle's station ~s located), to the Hickory Creek Interceptor L~ne also as shown m
Exhibit I
4
S \Our Doeuments\Contracts\00~Argyle-lnterlocal Cooperatmn Agreement Graveyard Branch Wastewatcr Linc 10 00 D#3 doc
5 Denton's share of the ProJect Costs shall be computed as the chfference between the
total ProJect Costs and Argyle's allocable Project Costs Each party's respective share of the
ProJect Costs shall be based upon final andtted numbers for each ProJect segment
6 By way of example, Argyle's port,on of the ProJect Costs for the GB L~ne Project ~s
currently estimated and projected to be $642,284 00 (termed the "Pnnc~pal Component
Amount"), as computed by the procedure and methodology as set forth ~n the "Contract Payment
Schedule" winch ~s marked Exinint II, and ~s attached hereto and ~ncorporated herewith by
reference The Pnnc~pal Component shall include Argyle's allocable capital cost for the GB
Ltne ProJect plus Argyle's allocable portaon of the other ProJect Costs, as defined m paragraph
I 0 ) here~nabove, also including, w~thout hm~tat~on, any ~nterest accnung on the Bonds dunng
the construction phase of the ProJect Argyle shall also pay ~ts allocable pomon of such other
and further costs and expenses, ff any, assessed by Denton to Argyle that are reasonably ~ncurred
and are assocmted w~th the construction and installation of the GB L~ne ProJect, that are mutually
agreeable between the Panes
7 The Pnnmpal Component Amount plus the total Interest Factor amount 0 e, the
cumulative annual interest amortized over a payout period of twenty (20) years based upon
financing the Pnnc~pal Component Amount at the Interest Factor) computed over twenty (20)
years at Denton's Interest Factor, which ~s 5 61% per annum, and winch shall be termed the
"Repayment Amount By way of example, the Repayment Amount on a projected Pnnmpal
Component Amount of $642,284 00 ~s $1,076,706 44 as computed and set forth ~n Exinint II
attached hereto and incorporated herewith by reference
8 Argyle shall pay Denton the Repayment Amount ~n contractual payments m
accordance w~th following prows~ons and factors, and as shown as the "Contract Payment
Schedule" attached hereto as Exh~int II
a Argyle will pay 1/40 of the product of Argyle's allocable percentage share
of ProJect Costs times the combined total of Pnnc~pal Component Amount
and the Interest Factor amount pomon of each payment respecting total
ProJect Costs ~n level payments, due and payable on January 1 and July 1
of each calendar year for a period of twenty (20) successive years, w~th the
first such payment, such payments being hereinafter referred to as the
"Contractual Payments," w~th the first such Contractual Payment being
payable from Argyle to Denton on January 1, 2001, and
b The Interest Factor Amount utthzed over the twenty (20) year Contract
Payment Schedule to determine the amount of the level Contractual
Payments, shall be that interest rate prod by Denton on the Bonds msued
by Denton used to finance the ProJect, winch is the rate of 5 61% per
annum
c For purposes of determunng the level Contract Payment amount due
hereunder, the Pnnc~pal Component Amount shall be based and amortized
on a standard twenty (20) year debt amomzatmn schedule and upon the
dechmng balance method (applying the Interest Factor amount) respecting
5
S \Our Doeuments\Contract~00kArgyl¢ Interlocal Cooperauon Agreement Graveyard Branch Waatewater Line 10 00 D#3 doc
the detenmnat~on of the Contract Payoff Balance ~n the event that
Argyle's contractual oblagat~ons to Denton hereunder are prepaad as
permitted by the prowsaons of paragraph IH 9 here~nbelow
d Provaded however, Argyle reserves the right to prepay ats contractual
obhgat~ons arising hereunder to Denton, w~thout penalty, at any tame after
the fifth anniversary date of the execution date of thas Agreement The
Contract Payoff Balance shall be determined at the t~me of the
prepayment, as ff the Contract Payment Schedule attached hereto as
Exhibit II, were a mortgage debt being prepmd In the event of
prepayment, Argyle shall be responsible only for the Interest Factor
amount calculated to the date of prepayment, and shall not be responsible
for the payment of any further sums hereunder to Denton, other than the
remalmng, unpatd Pnncapal Component Amount
9 To determme the actual ProJect Costs of the GB L~ne, Argyle shall have the right
to ~nspect any and all records of Denton, ~ts agents, employees, contractors or subcontractors,
and shall have the right to requare Denton to submit any necessary ~nfonnataon, documents,
anvmces, receipts or other records to verify the final audited ProJect Cost of the GB Line ProJect
10 Argyle wall dehver wastewater to the Denton wastewater system at one or both of
the following "Pomts of Entry"
a To the GB Lane Project at the terminus of Segment One, as defined ~n
Paragraph III 4 a heremabove
b To the Hackory Creek Interceptor Mmn at the poant where Argyle currently
d~scharges wastewater from ats Force Main
11 Under th~s Agreement Denton agrees to reeeave wastewater from Argyle
totahng no more than 1,600 LUE capacity wa the GB Line ProJect The Partaes agree that
Argyle's contractual right respecting the foregoing amount of capamty shall survive the payment
and/or prepayment of thas Agreement, and ~s a contractual property right owned by Argyle that
survives the term of ttus Agreement
12 Argyle will pay 100 percent of the cost to construct wastewater metenng
stations, meeting Denton criteria, to measure the quantity and rate of wastewater being dehvered
at each Pmnt of Entry to the Denton wastewater system Upon construction and completion of
the metenng stations, Denton shall own and operate these famht~es Denton shall calibrate these
facilities w~th regard to flow measurements at least once a year, or more often af reqmred The
cost of cahbratmn of these facflmes shall be borne by Argyle as part of the O&M costs set forth
an paragraph III 13 If the wastewater metering stataon that measures Argyle's wastewater flows
being conveyed through the GB Line ProJect as located at a poant other than at the downstream
terminus of Segment One as defined m paragraph III 4 a above, then Argyle and Denton shall
develop and agree on a procedure and methodology to estimate the monthly wastewater flows
that Argyle may contribute now or m the future into that portion of Segment One that is located
downstream of the metenng station Altemat~vely, Argyle and Denton may jointly agree that
any Argyle wastewater contnbutxons to Segment One downstream of the wastewater meter may
be sub-metered by future Argyle customers
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13 Argyle shall pay Denton O&M and other operational costs as shall be determtned
and to be set forth m a separate wastewater treatment services contract to be entered into m the
near-term by and between the Part, es
14 Under th~s Agreement, Argyle ~s purchasing and acqumng a contractual right and
interest in and to the equivalent of 1,600 living unit equivalents (LUE) of wastewater service
capacity within the GB Line ProJect and shall have an exclusive right to retain such capacity
This contractual nght and ~nterest m and to such capamty shall survive the term of tlus
Agreement unless otherwise lawfully terminated Argyle reserves the right to sell, trade,
transfer, or assign to any other entity all or a part of its 1,600 LUE capacity m the GB Line
ProJect, provided that such transfer in capacity ownerslup meets the following four (4)
conthtlons
a Only wastewater, as defined m Denton's Sewer Use Ordinance, is delivered
to the Denton wastewater system, and
b Wastewater can only be dehvered at either or both of the two points of entry
described in paragraph III 10 here~nabove, and
c Quantity and rate ofwastewater delivery shall not exceed those specified m
paragraph IH 2, above, and
d Denton provides written approval for any such transfer or assignment of
Argyle's ownership m the contractual rights and wastewater capacity rights
acquired pursuant to tlus Agreement Denton agrees that it shall not
unreasonably withhold ~ts approval of any such transfer or assignment, if the
proposed transfer or assignment does not violate the intent or sprat of this
Agreement
15 This Agreement may be terminated by Argyle at any time after the
anmversary date of the execution of tfus Agreement by Argyle paying and/or pre-paying the total
amount due and owmng Denton as determined by paragraphs III 7 and III 8 heremabove, and as
set forth m Exhibit II attached hereto In the event of such termination, Argyle's rights and
interests respecting the 1,600 LUE of wastewater capacity, as described m paragraph III 14
herelnabove, shall survive and shall not be terminated
16 If Denton does not begin construction of the ProJect within twelve (12) months
from the date of execution of ttus Agreement, Argyle shall have the option to terminate ttus
Agreement, upon tlurty (30) days written notice dehvered to Denton, and after tendenng any and
all payments to Denton as reqmred by Exhibit II hereto, wluch are then accrued, due and owing
17 Dunng the GB Line ProJect design and construction phases, Argyle and Denton
shall hold constmctton meetings at least once per month, and more often, as may be necessary
and appropriate, m order to coordinate their act~mtles on the Project
18 This Agreement embodies the entire agreement of the part,es hereto and there are
no promises, terms, conrhtlons, understandings, or obhgatlons other than those contarned or
7
S \Our Docurnent~XContractsX00kArgyle Interloeal Cooperation Agreement Graveyard Branch Wastewater Line 10 00 D#3 dec
~ncorporated herein TI'ns Agreement shall supersede all previous cornmumcat~ons,
representations or agreements, whether verbal or written, between the parties hereto w~th respect
to the subject matter of tins Agreement
19 This Agreement ~s subject to modfficat~on, wmver, amendment, addition, or
deletion, only by means of a written document duly executed by both of the Part~es hereto
20 Th~s Agreement shall not be assigned by Denton w~thout the express written
consent of Argyle, which consent shall not be unreasonably be w~thheld
21 Any and all stats for any breach of thru Agreement, or any other stat pertmmng to
or arising out of flus Agreement, shall be brought m a court of competent junsdmtaon m Denton
County, Texas Ttus Agreement shall be governed by and construed in accordance with the laws
of the State of Texas
22 The paragraph headings contmned m th~s Agreement are for convemence only
and shall m no way enlarge or hnut the scope or meaning of the various and several paragraphs
hereof
23 Both of the Parties hereto have actively partm~pated ~n the negotiation and
preparation of this Agreement and the Exhibits attached hereto, and the Parties accordingly agree
that this Agreement shall not be construed e~ther more or less strictly agamst or for either party
hereto
IV
EFFECTIVE DATE AND TERM
1 Ttus Agreement shall become effective as of the date of execution hereof by both
Part~es, following the approval of their respecting governing bodaes
2 Tlus Agreement shall contmue m force from the effective date hereof at least until
all Bonds, mcluchng any Bonds ~ssued to refund same, shall have been prod ~n full, shall continue
until all sums due and owmg from Argyle to Denton hereunder are prod and satisfied, and shall
further remaan m force thereafter throughout the useful hfe and the operation of the System
V
MUTUAL HOLD HARMLESS COVENANT
1 To the extent allowed by the Constitution and statutes of the State of Texas, and
without wanvmg any lmmumty or limitation as to habthty, Argyle agrees to and shall mdemmfy
and hold harmless Denton, ~ts offimals, officers, agents, employees, and attorneys from and
agtunst any and all claims, damages, causes of action, lawsuits, and reasonable attorney's fees
and costs of court, for injury or death of any person, or for damages to any property, real,
personal, or m~xed, arising out of or m connection with the construction, ~nstallat~on, and
operataon of the GB Line, where the ~njury or death or property damage is caused by the
negligence of Argyle, ~ts officials, officers, agents, employees, and attorneys, except that Argyle
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assumes no hablhty for the sole negligent acts of Denton, its officials, agents, employees, and
attorneys
2 To the extent allowed by the Constitution and statutes of the State of Texas, and
w~thout wmwng any lmmumty or hm~tatlon as to liability, Denton agrees to and shall mdemmfy
and hold harmless Argyle, its officials, officers, agents, employees, and attorneys t~om and
agmnst any and all clmms, damages, causes of action, lawsuits, and reasonable attorney's fees
and costs of court, for injury or death of any person, or for damages to any property, real,
personal, or mixed, arising out of or m connection with the construction, installation, and
operation of the GB Line, where the injury or death or property damage is caused by the
neghgence of Denton, its officials, officers, agents, employees, and attorneys, except that Denton
assumes no liability for the sole neghgent acts of Argyle, its officials, agents, employees, and
attorneys
VI
CONTINUITY OF SERVICE AND FORCE MAJEURE
1 Denton shall use reasonable diligence to prowde Argyle with the use of a fully-
functional GB Line and constant and umntermpted wastewater transmission service under flus
Agreement However, the Part,es agree that Denton shall not be hable for any damages, costs, or
losses, ~f such wastewater transmission hne and transmission service should fml, or be
interrupted, become defective, or be reduced by an Act of God, a catastrophic disaster, action of
the elements, a senous flooding condition, accidents, strikes, labor problems, the breakdown of
eqmpment, arising out of a lawful of a governmental authority having junschctlon over the GB
L~ne and the Parties, or for any other cause beyond the reasonable control of Denton
2 Following any such event as set forth in paragraph VI 1 heremabove, Denton
shall use ~ts best commercially reasonable efforts to promptly restore wastewater transmission
service to Argyle, after first, however, consldenng the pertinent public health and safety ~ssues
affecting and ~mpactmg upon the c~tlzens of Denton
3 The Parties agree that m no event shall Denton be liable ~n consequential damages
to Argyle hereunder for any interruption of service or upon a force majeure event, as set forth in
th~s paragraph VI
VII
NOTICE PROVISIONS
1 Any notice, request or other commumcat~on made by either party pursuant to this
Agreement shall be given ~n writing and shall be deemed to have been g~ven by either party to
the other party at the addresses shown below upon any of the following dates
a The date of notice by telecopy or other s~mllar telecommumcattons, the receipt of
which is eon_timed promptly ~n wntmg by the remplent,
b Three business days after the date of the mmhng thereof by U S Mml, postage
9
S \Our Documents\Contracts\00~Argylo lnterlocal Cooperation Agreement Graveyard Branch Wastewater Line 10 00 D#3 doc
prepmd, as shown by the post office recexpt ~f mmled to the other party hereto by means of
registered or certffied mall, return receipt requested,
c The date of actual receipt of notme by the other party hereto, ff not prowded
pursuant to V 1 a or V 1 b heremabove
2 The addresses of the Part,es for the purpose of providing the other party notxces
under tins Agreement shall be as follows, unless written notification of a change of address ~s
provided by e~ther or both Parties to th~s Agreement
C~ty Manager
City of Denton, Texas
215 East McKmney Street
Denton, Texas 76201
Mayor
C~ty of Argyle, Texas
P O Box 609
Argyle, Texas 76226-0609
VIII
MEDIATION AND ALTERNATE DISPUTE RESOLUTION
The Part,es agree that ff any d~spute arises under tins Agreement, that they will, ~n good
faith, attempt to resolve such thspute in a reasonable and expedient manner The Parties
recogmze that they should consider strongly setthng any such d~spute by submitting the d~spute
to medmtmn or some other form of d~spute resolution No medlatmn or other form of alternate
d~spute resolution act~mty arising out of, or relating to flus Agreement, may be required or fomed
by one party upon the other party, w~thout the Part, es' mutual agreement In the event that the
Part,es agree that medmt~on or some other form of alternate dispute resolution ~s appropriate,
then they hereby agree to expechte such mediation or other alternate thspute resolution act~wty,
and further agree to each be responsible for one-half of all mediation or other alternate chspute
resolution activity fees and expenses incurred
IX
SEVERABILITY
If any clause, prowmon or paragraph of flus Agreement should be held illegal or mvahd
by any court, the mvahd~ty of such clause, provision or paragraph shall not affect any of the
remalmng clauses, prows~ons or paragraphs hereof, and this Agreement shall be construed and
enforced as ~f such illegal or mvahd clause, prows~on or paragraph had not been contained
hereto In the event that any agreement or obhgatmn contained m th~s Agreement should be held
to be ~n wolat~on of apphcable law, then such agreement or obhgat~on shall be deemed to be the
agreement or obhgat~on of the Partms, to the full extent permitted by law
10
S \Our DoeumontsXContractsX00~.rgyle Interlocal Cooperation Agreement Graveyard Branch Wastewater Line 10 001~3 doc
IN WITNESS WHEREOF, the Parties have executed flus Agreement in duphcate
original counterparts by and through the duly-authorized officials and officers of Denton and
Argyle, on ttus the day of ., 2000
"DENTON"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
By
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By
CITY OF ARGYLE
A Texas Mumclpal Corporation
By
YVONNE A JENKINS, MAYOR
11
S \Our Documents\Contracts\00~Argyle lnterlocal Cooperation Agreement Graveyard Branch Wastewater Line 10 00 D#3 doc
ATTEST
DEBBIE E MILLICAN, CITY SECRETARY
By
APPROVED AS TO LEGAL FORM
TIFFANY L HAERTLING, CITY ATTORNEY
By
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S \Our Documents\Contracts\00~Argyl¢-Interlocal Cooporat~on Agreement Graveyard Branch Wastewatcr Line 10 00 D#3 doc
CONTRACT PA YMENT SCHEDULE
Stsrt Date
Annual
Pmnt $~rt of Intersst Bchsdulad Actual 8chsdulod
# Period Rate Balance Balance Payment Interest Portion Principal Portion
1 01/01 5 61% 642,284 O0 042,284 O0 (26,917 66)I (18 016 07) (8,901 59)
2 07/01 5 61% 633,382 41 633,382 41 i26,917 66)I i17,766 38i (9 151 28)
3 01/02 5 61% 624,231 12 624,231 12 (26,917 66) (17,509 68) (9 407 98
4 07/02 5 61% 614,823 14 614,823 14 (26,917 66) (17 245 79) (9,671 87)
5 01/03 5 61% 605,151 27 605,151 27 (26,917 66) (16 974 49) (9,943 17)
6 07/03 5 61% 595,208 10 595,208 10 (26,917 66) (16,695 59) (10,222 07]
7 01/04 5 61% 584,986 03 584,986 03 (26,917 66) (16 408 86) (10 508 801
8 07/04 5 61% 574,477 23 574,477 23 (26 917 66) (16 114 09) (10 803 571
9 01/05 5 61% 563,673 65 563,673 65 (26,917 66) (15,811 05) (11,106 62)
10 07~05 551% 552,56704 552,56704 (26,91766) (15 499 51) (11,41816)
11 01/06 5 81% 541,148 88 541,148 88 (26,917 66) (15,179 23) (11 738 43)
12 07/00 5 61% 529,410 45 529,410 45 (26 917 66) (14 849 96) (12 067 70)
13 01/07 5 61% 517 342 75 517,342 75 (26 917 66) (14 511 46) (12 406 20)
14 07/07 5 61% 504,936 55 504,936 55 (26,917 66) (14,163 47) (12,754 19)
15 01/0~ 5 61% 492,182 36 492,182 36 (26,917 66 (13 805 72) (13 111 95)
16 07~08 5 61% 479,070 41 479,070 41 (26 917 66) (13 437 93) (13 479 74)
17 01/09 5 61% 465,590 68 465,590 68 (25 917 66 (13,059 82 (13,857 84)
18 07/09 5 81% 451,732 84 451 732 84 (26,917 66) (12 671 11 ] (14,246 56)
19 01/10 5 61% 437,486 28 437,486 28 (26 917 66 (12 271 491 (14 646 17)
20 07/10 5 61% 422,840 11 422,840 11 (26,917 66) (11,860 671 (15,057 00)
21 01/11 5 61% 407,783 11 407,783 tl (26 917 66 (11 438 32) (15 479 34)
22 07/11 5 61% 392 303 77 392,303 77 (26,917 661 (11,004 12) (15 913 54)
23 01/12 5 61% 376,390 23 376~3g0 23 (26,g17 6~ (10,557 75) (16 359 92
24 07/12 5 61% 360,030 31 360,030 31 (26 917 66] (10 098 85) (16,818 81
25 01/13 5 61% 343,211 50 343,211 50 (26 917 66) (9 627 08) (17,290 58
26 07/13 5 61% 325 920 92 325,920 93 (26,917 66) (9,142 08) (17 775 58
27 01/14 5 61% 308,145 35 308,145 35 (26,917 66) (8,643 48 (18,274 18
28 07/14 561% 289871 16 289,871 16 (26,91766) (8,13089) (18,78678]
29 01/15 5 61% 271,084 39 271,084 39 (26 917 66) (7 603 92) (19 313 74
30 07/15 5 61% 251,770 64 251 770 64 (26,917 66) (7,062 17) (19,855 49)
31 01116 5 61% 231 915 15 231,915 15 (26 917 66) (6 505 22) (20 412 44)
32 07/16 5 61% 211,502 71 211,502 71 (26 917 66) (5 932 65) (20 985 01 )
33 01117 5 61% 190,517 70 190 517 70 (26,917 66) (5 344 02) (21,573 64)
34 07/17 5 61% 168,944 06 168 944 06 (26,917 66) (4,738 88) (22,178 78)
35 01/1~ 5 61% 146 765 28 146 765 28 (26,917 66) (4 116 77) (22,800 90)
36 07/18 5 61% 123,964 38 123 964 38 (26,917 66) (3 477 20) (23,440 46)
37 01/19 5 61% 100 523 92 100 523 92 (26 917 66) (2,819 70) (24,097 97
38 07/19 5 61% 76,425 96 76,425 96 (26,917 66) (2 143 751 (24,778 91)
39 01/20 5 61% 51,652 04 51,652 04 (26,917 66) (1,448 841 (25,468 82)
40 07120 5 61% 26 183 22 26,183 22 (26 917 66) (734 44) (26,183 22)
($1 076 706 44 ($434 422 44 ($642 284 O0
ARGYLE PAYMENT SCHEDULE - 5 61% INTEREST RATE
Scheduled Principal
Payment Interest Portion Port~on Interest Principal
26,917 66) 18,016 07 8,901 59)
26,917 66) 17,766 38 9,151 28) (35,782 44) (18,052 88)
26,917 66) 17,509 68 9,407 98)
26,917 66) 17,245 79 9,671 87) (34,755 47) (19,079 85)
26,917 66) 16,974 49 9,943 17)
26,917 66) 16,695 59 10,222 07) (33,670 08) (20,165 24)
26,917 66) 16,408 86 10,508 80)
26,917 66) 16,114 0g 10,803 57) (32,522 94) (21,312 38)
26,91766) 15,811 05) 11,10662)
26,917 66) 15,499 51) 11,418 16) (31,310 55) (22,524 77)
26,917 66) 15,179 23) 11,738 43)
-)6,917 66) 14,849 96) 12,067 70) (30,029 19) (23,806 13)
.)6,917 66) 14,511 46) 12,406 20)
.)6,917 66) 14,163 47) 12,754 19) (28,674 93) (25,160 39)
Z6,917 66) 13,80572) 13,111 95)
:)6,917 66) 13,437 93) 13,479 74) (27,243 64) (26,591 68)
:)6,917 66) 13,059 82) 13,857 84)
26,917 66) 12,671 11) 14,246 56) (25,730 92) (28,104 40)
:'6,917 66) 12,271 49) 14,646 17)
26,917 66) 11,860 67) 15,057 00) (24,132 16) (29,703 17)
26,917 66) 11,438 32) 15,479 34)
26,917 66) 11,004 12) 15,913 54) (22,442 44) (31,392 88)
26,917 66) 10,557 75) 16,359 92)
26,917 66) 10,098 85) 16,818 81 ) (20,656 60) (33,178 73)
26,917 66) (9,627 08) 17,290 58)
26,917 66) (9,142 08) 17,775 58) (18,769 16) (35,066 16)
26,917 66) (8,643 48) 18,274 18)
26,917 66) (8,130 89) 18,786 78) (16,774 36) (37,060 96)
26,917 66) (7,603 92) 19,313 74)
26,917 66) (7,062 17) 19,855 49) (14,666 08) (39,169 24)
26,917 66) (6,505 22) 20,412 44)
.)6,917 66) (5,932 65) 20,985 01) (12,437 87) (41,397 45)
.)6,917 66) (5,344 02) 21,573 64)
:)6,917 66) (4,738 88) 22,178 78) (10,082 90) (43,752 42)
:)6,917 66) (4,116 77) 22,800 90)
:)6,917 66) (3,477 20) 23,440 46) (7,593 97) (46,241 36)
26,917 66) (2,819 70) 24,097 97)
26,917 66) (2,143 75) 24,773 91) (4,963 44) (48,871 88)
26,917 66) (1,448 84) 25,468 82)
26,917 66) (734 44) 26,183 22) (2,183 28) (51,652 04)
,076,706 44) (434,422 44) 642,284 00) (434,422 44) 1642,284 00)
ARGYLE DEBT PREPAYMENT - NORMAL PAYMENT SCHEDULE
($642,284 Cost Share on Project)
5 61% Bond Rate 5 75% Investment Rate
FIRST 5 YEARS OF DEBT PAYMENTS
Principal Interest Total Principal
Year ~ payments Payments B~lance
642,284
I 18,053 35,782 53,835 624,231
2 19,080 34,755 53,835 605,151
3 20,165 33,670 53,835 584,986
4 21,312 32,523 53,835 563,674
5 22.525 31.310 53.835 541,149
Total $ 101,135 $ 168,040 $ 269,175
NEXT 15 YEARS OF DEBT PAYMENTS
Investment Interest Available Total End~ng
Year Balance ~ B~[ance Paymen~ Balance
6 541,149 30,212 571,361 53,835 517,526
7 517,526 28,854 546,380 53,835 492,545
8 492,545 27,418 519,963 53,835 466 128
9 466,128 25,899 492 027 53,835 438,192
10 438,192 24,292 462,484 53,835 408,649
11 408,649 22,594 431,243 53 835 377,408
12 377,408 20,797 398,205 53,835 344,370
13 344,370 18,898 363,268 53,835 309,433
14 309,433 16,889 326,322 53,835 272,487
15 272,487 14,764 287,251 53,835 233,416
16 233,416 12,518 245,934 53,835 192,099
17 192,099 10,142 202,241 53,835 148,406
18 148,406 7,630 156,035 53,835 102,200
19 102,200 4,973 107,173 53,835 53,338
20 53,338 2,163 55,501 53.835 1,666
807,525
I/I/A'fER 901-A Texas Street Denton, TX 76209 (940) 349-8452 Fax (940) 349-7334
Graveyard Branch Interceptor Cost Allocation
S J Lewis Contractors bid
Base bid $2,341,000
Alternate bid $1,474,144
Base bid ~s for the entire project from Argyle existing lift station to tie in with H~ckory Creek
Interceptor
Alternate bid is for 18qnch sewer lme to serve only Huffines property
Based on the S J Lewis Constrnctmn bid the construction costs are distributed as follows (as
presented to City of Argyle on Wednesday m the spreadsheet)
Huffines Share $1,474,144
Argyle Share $419,478
Denton Share $447,510
Beside the construction costs above, the englneenng and easement aeqmmtlon costs have to be
allocated These costs are as follows
Engmeenng (Halff Associates) $294,000
Engmeenng (E&T and Water/WW) $27,905
Total $321,905
Argyle cost share for 15-1nch sewer line from the Argyle lift station to the metenng station is as
follows
Total Line Length = 16,669 + 2,570 = 19,239 ft
Engmeenng cost per foot = $321,905 / 19,239 = $16 73 per ft
Easement cost per foot = $300,000/19239 = $15 59/lf
Argyle cost share up to meter = 2,570 x $16 73+2,570x $15 59=$42,996+$40,066
= $83,062
Englneenng cost remmmng to be shared = $321,905 - $42,996 = $278,909
Easement cost remmmng to be shared = $300,000-$40,066=$259,934
Cost share for line segment downstream of the metenng station is based on engmeenng costs for
construction (Use 6% for engmeenng, 4% for survey, 2 5% for construction services, Total
12 5%) The remaining easement cost of $259,934 will be split equally ~n three parts which
amounts to $86,645
Eng~neenng Cost Share is as follows
Huffines Cost Share $1,474,144 x 0 125 = $184,268
Remmmng Engmeenng Cost for Argyle and Denton = $278,909 - $184,268=$94,641
Argyle Share = $94,641 x 11 17% = $10,576'
Denton Share = $94,641 - 10,576 = $84,0653
Total Cost allocation mcludmg construction, engmeenng and easement ~s then as follows
Huffines $1,474,144 + 184,268+86,645 = $1,745,057
Argyle $419,478 + 83,062 + 105,576+86,645=$599,761
Denton $447,510+ 84,065+86,645=$618,220
* Percent share is derived as below
Oversize Argyle Cost - $20,006+36,294 =$56,300
Oversize Denton Cost - =$447,510
$503,810
Argyle percent share = 56,300/503,810 =11 17%
Denton percent share = 100-11 17 = 88 83%
Agenda Item
Oa,e
AGENDA INFORMATION SHEET
AGENDA, DATE' October 10, 2000
DEPARTMENT' W/WW Utihty
ACM. Howard Martin, 349-8232
Sublect
Receive a report, hold a discussion and g~vc staff d~rectlon concermng the payment for ut~hty
~nfrastructure services prowded to residential and commercial development
Background:
Each year the Water and Wastewater Departxnent receives numerous requests from various
customers and reszdentml developers to waive water and wastewatcr impact fees, tap fees and/or
meter loop fees The Ctty Counml recently received a report by staff and discussed rewslons to
the ~mpact fee ordmance that would be more ~nclusxve o£ entzt~es that have requested and
received variances to the payment of ~mpact fees
th
At the September 2(~ meeting of the Denton City Councd a clttzen report was received from Mr
Roosevelt Waslungton requesting that the wastewater tap fee and water hne relocatmn fee be
wazved for houszng development at 523 Ruth Street Counctl requested that flus ~ssue be brought
to a work sessmn for dzscussmn In flus case, Mr Waslungton was developing adjacent lots (2
homes) that had been prewously serviced by only one water and one wastewater tap Hzs request
for a £ee variance was demed by the Ut~hty Department but the water hnc was relocated and the
wastewater tap completed so that the constructmn schedule for these t~vo restdences would not
be negatively tmpacted Mr Wasl~ngton was told that thc "ccrtzficate of occupancy" (CO)
would be w~thheld untzl flus zssue could be revtewed by the Denton C~ty Councd
Thc Counml's pohcy demsmn concermng Mr Washmgton's request for a waiver of the tap and
hn¢ relocatmn fees wxll determme the condztmns and criteria utdlzed xn deahng wxth future
requests of flus type
Options
1) Continue the current pohcy requmng all development to pay tap, meter and hne
relocatmn fees
2) Estabhsh criteria that certmn types of development may be exempt from payxng tap,
meter and hne relocation fees
3) Dlscont~nue the collection of tap, meter and hne relocation fees and recover the cost of
service through water and wastewater rates
4) Prowde a payment wawer to Mr Washxngton for the 523 Ruth Street
RECOMMENDATION.
Staff's recommendatxon ~s to mmntam the current pohcy of requmng all residential development
to pay the appropriate utlhty ~nfrastmcture fees
FISCAL INFORMATION'
The following costs have been recurred by the Water Department for the connecttons of these
two rental properties at 519 and 523 Ruth
1 ) Wastewater Tap $1,850 00
2 ) Water Service L~ne Relocates $210 00
Map
See Exhibit II
Respectfully submitted
Howard Martxn,
ACM/Utthtles
Prepared by
J~m Coulter
Dxrector, W/WW Utilities
Extnb~t I Memo to C~ty Councd Dated September 13, 2000
Exhibit II Map
2 2
WATER UTILITIES 901-A Texas Street Denton, TX 76209 (940) 34%8452 Fax (940) 349-7334
Memo
To-- Mayor and Members of the City Council
From-' J~m Coulter, D~rector Water Wastewater Utilities ~
Bate'- 9/13/00
Re: Wastewater Tap at 523 Ruth Street
In m~d July, Mr Roosevelt Washington visited the Service Center and requested
assistance from the wastewater department ~n Iocabng the wastewater service line for
523 Ruth St The Wastewater Collection Manager met Mr Washington at that address
and suggested that he have his plumbers d~g across the frontage of the property to try
and locate the service line Mr Washington was ~nformed that ~f they were unable to
find a wastewater service hne at the property, that he would have to pay for a
wastewater tap ~n the amount of $1,850 and the C~ty would make a tap for that property
Mr Washlngton's plumber found no wastewater service line on the property Mr
Washington md~cated to staff that the c~ty provided service for the properties at 519 and
523 Ruth and that they had been tied to one wastewater service hne in the past Our
plumbing code prohibits two plats bed to one service Mr Washington requested a free
wastewater service connection and I referred Mr Washington to Mr Howard Martin,
Assistant Manager for Utlht~es
The Utilities Department told Mr Washington that he would have to pay for the
connection unless he received a waiver from C~ty Council We told Mr Washington that
we would make the wastewater tap and waterhne connecbon but that we would put a
hold on the certificate of occupancy until wa received payment or until the ~ssue was
resolved by Council
3
EXHIBIT I
The follo~ng costs have been incurred by the Water Department for the connecbons of
these two rental properties at 523 Ruth
1 ) Wastewater Tap $1,850 00
2 ) Water Serwce L~ne Relocates $210 00
Mr Washington stated that these were rental properties and that he was trying to do
something for the community We feel that as a developer of property, Mr Washington
should be responsible for paying the tap and water connection fees If you have any
questions please contact me at 349-7194
JC
/~geeda Item ~'~
AGENDA INFORMATION SHEET
AGENDA DATE October 10, 2000
DEPARTMENT Utility Admlmstratlon
ACM' Howard Martin, 349-8232
SUBJECT
Receive an update and make a recommendation for approval of the Water Distribution and
Wastewater Collection System Master Plan options and recommendations prepared by Alan
Plummet and Associates, Inc and Applied Geographic Technologies, Inc
BACKGROUND
The City retained the Consultant team of Apphed Geograplucal Technologies, Inc (AGT), Alan
Plummer and Associates, Inc (APAI) and Duncan Associates to prepare the water dastnbutlon
system and wastewater collection system master plans and prepare documents related to
implementation of the impact fees for water and wastewater serrates within the City of Denton
water and wastewater Certificate of Convemence and Necessity (CCN) areas Exhibits I and II
respectively show the water and wastewater CCN areas During the ~mplementation of this
project, the City decided to ~mplement Phase I ~mpact fees for the water and wastewater
treatment plants and elevated storage tanks The Consultant team in conjunction with staff
developed cost estimates for the water and wastewater treatment plants and elevated storage
tanks, for a 10-year capital h-nprovements plan These cost estimates were prepared to serve the
populataon projection prepared by Planning Department Consultant RUST Environmental &
Int~astmcture (RUST) Based on the population forecast and cost estimates, ampaet fees for
water/wastewater treatment and elevated storage tanks were determined and implemented
RUST continued to work on the population forecast with the Planmng Department and the
population forecast was finally released m May 1999 However, the area used by the Planning
Department for population forecast dtd not match the CCN area So staff took the Planning
forecast data, and using Traffic Survey Zones (TSZ) adapted the forecast to the CCN areas
Also, a year-by-year populataon forecast was prepared through the year 2020 This forecast data
was provided to the Consultants Exbablt III shows the population forecast for the CCN areas
and also compares it with the previous population forecast prepared m 1997 by Shlmek, Jacobs
& Flnkleh, L L P
The Consultants APAI and AGT worked on the water distribution system and wastewater
collectlo~t system master plans respectively The following describes the work effort and
recommendations of the two consultants
Water Dl~tribution System Master Plan
APAI has prepared the water distribution system master plan (WSMP) using the Cybemet
Model, currently used by the City To accommodate the substantial increase m the forecast
population, the existing model was updated and expanded using a new water demand forecast A
comparison of the existing year 1997 Model vs the year 2000 Model water demands is shown
below
Demand 1997 2000
Year Condition Prol ectlon Proj ectlon
2020 Maximum Day 47 mgd 81 9 mgd
2020 Maximum Hour 74 2 mgd 129 4 mgd
To accommodate fins increase m the forecast water demands, the proposed water lines in the
1997 Model had to be upslzed and new transmission mmns were also added to the 2000 Model
Proposed pumping stations and the Roselawn Elevated Storage Tank were upslzed Exhibit IV
and V show the proposed reeommanded water system improvements through the year 2020 For
transmission lines a major change is reflected in the upmzlng of the 97 Model proposed 20qneh
line to a segment of 36 inch and a segment of 42 inch between Sherman and Bonnie Brae along
Loop 288, and the extension of a 36-tach line along Bonnie Brae from Loop 288 to the Roselawn
Elevated Storage Tank Ttus was necessary to bnng the fimshed water from the Lake Ray
Roberts Water Treatment Plant into and through the distribution system to feed and mmntmn
required pressures m the southern part of the City
Water Storage capacity required by TNRCC regulations was evaluated using the Cybemet
Model The proposed elevated and ground storage facilities recommendations based on the 2000
Model, are shown in Exlublt VI The 0 5 million gallon ground storage tank with booster station
and the 1 million gallon elevated storage tank, that will serve the southwest comdor along IH-
35W are new additions in the 2000 Model
Wastew#ter Collection System Master Plan (WWSMP)
AGT developed the wastewater collection system master plan options (WWSMP) using the
Hydro Works Model AGT developed the existing condition model for the Cooper Creek, Pecan
Creek, and the Hickory Creek Sewer basins and calibrated the model using actual flow
measurements m the sewer system The existing condmon models were prepared for dry
weather and wet weather conditions
The population forecast data provided by the Planmng Department and adapted by staff to
wastewater CCN area was then used by AGT to determine wastewater loads for the year 2020
design conditions With this population data computer models for the year 2020 for dry and wet
weather condition were developed If no improvements are made to the existing system, then for
the year 2020 wet weather conditions, the model predicts 127 overflow sites with 30 million
gallons of overflow
The Consultant has developed five options for the WWTMP to accommodate the year 2020
flows, which are summarized below
Alternative Development
Exhibit VII shows the sewer capamty deficient areas w~thm the C~ty F~ve options were
developed to accommodate the projected Year 2020 wastewater flows five options were
developed F~rst the wastewater CCN area was d~mded into two areas
· Pecan/Cooper Creek- Area "A"
· Hmkory Creek - Area "B"
The five options for the above two areas are
Options
Area "A" Area "B"
1 Tracht~onal Method lA lB
2 Force Main Direct to Pecan
Creek Water Reclamation Plant 1A 2B
3 Storage w~thln Cooper Creek Basin 3A 2B
4 Storage at Cooper Creek Lffi Station 4A 2B
5 Graveyard Branch, Force Main Direct
To Pecan Creek Water Reclamation Plant lA 5B
Option 1 - Trad~tlonal Method Areas A&B
The traditional method approach ~s to accommodate all future projected flows by ups~mng sewer
hnes, hft stations and treatment facilities to account for all incoming flows Ttus approach can
be expensive depending on the system layout and capital requirements for treatment facilities
For th~s option the following improvements to the collection system for Area A
Cooper/Pecan Basin will be required:
P~pe Diameter (tach) Length (feet)
18 1,034
21 7,055
24 15,215
27 6,914
30 2,180
33 6,363
42 180
Using the traditional approach for Area B, Hickory Creek Basra, the following
improvements will be reqmred
P~pe D~ameter (roches) Length (feet)
8 295
12 5,527
15 4,481
18 8,429
21 10,569
24 1,086
27 4,735
33 1,932
36 2,556
42 1,368
48 21,163
54 171
Also, the Cooper Creek and Hmkory Creek Lift Stat,ons w,ll be upstzed from 3 5 mgd, and 10 7
mgd capamty to 12 mgd and 47 mgd capamty respectively Exhibit VIII shows the cost for the
Areas A and B for Option 1
Option 2 - Force Moan from Hickory Creek LS to Pecan Creek Water Reclamation Plant
(PCW~)
In th~s optmn all ~mprovements ~n Area A, Cooper/Pecan Bas~ns are the same as Optmn 1
All ,mprovements m the Area B, Hmkory Creek Basin up to and ~nclud~ng the Hmkory Creek
L~ft Statmn are the same as Optmn 1 However, from the H~ckory Creek Lffi Statmn, however
the force mmn ~s ups~zed to 42 ~nches, which ehm~nates ups,z,ng of the grav~ty sewer ma~n up to
the PCWRP Costs for th~s optmn are shown ~n Exhibit IX
Opt, on 3 - Storage at Cooper Creek Lffi Statmn
In th~s optmn all ~mprovements ~n Area B are the same as Optmn 1
Instead of conveying wastewater flows ~n ups~zed p~pes, ,n Area A a 1 46 mflhon gallon storage
famhty at the Cooper Creek L~f~ StaUon s~te ~s proposed Th~s storage tank w, ll ehm~nate
overs~z~ng of the Cooper Creek Lffi Station and reduce the ups~zmg of the grawty mmn
downstream of the lffi statmn Extub~t X shows the costs for Option 3
Option 4 - Storage in Cooper Creek System
In tlus option all improvements in Area B are the same as Option 1
In Area a various storage locations for wet weather flow attenuation within the Cooper Creek
Basin were evaluated The storage site that provided optimum reduction of peak flows is located
at Old North Road and Mill Pond With tlus option the neither Cooper Creek Lift Station nor
gravity mains downstream of the storage tank will reqmre upslzlng The costs for this option are
shown in Exhibit XI
Options 5 - Lift Station at Graveyard Branch
In this option all improvements in Area A will be the same as Option I
The new Graveyard Branch Interceptor will contribute significant flows to the Hickory Creek
Interceptor By intercepting all flows from the Graveyard Branch and all flows m the Hickory
Creek Interceptor up to intersection with Graveyard Branch by construction a new lift station,
flows downstream of Graveyard Branch up to the Hickory Creek Lift Station and the gravity
system beyond will be substantially reduced The new lift station will pump directly into the
PCWRP As a result no collection system improvements within the Hickory Creek Basin
downstream of the new hfl Station will be required The costs for this option are included in
Exhibit XII
The construction of a new lift station downstream of the intersection of the Graveyard Branch
and Hickory Creek Interceptors reduces the system improvement costs in the Hickory Creek
Basin from 38 7 mllhon to 32 7 million dollars The costs included for the storage tanks in the
Cooper Creek Basin are planning level costs
OPTIONS:
The year 2020 population projections require substantial improvements within the existing
wastewater collection system to avoid overflows Five options discussed have been analyzed for
the wastewater system A storage basra feasibility either at the Cooper Creek Lift Station Site or
in the Cooper Creek Basin needs further study and analysis If the more detmled study shows
lower costs and acceptance of the storage faclhty by the commumty, it will significantly reduce
or eliminate construction of parallel lines or upsizlng of existing sewer lines within the basin
RECOMMENDATION'
Staff recommends the following
Water Distribution System Approve the Master Plan prepared by the Consultant
Wastewater Collection System Approve the Wastewater Collection System Master Plan and
Option 5 with additional evaluation of m-system storage options and associated costs
FISCAL INFORMATION.
Exhibit XIII shows a comparison of costs for option 1 through option 5 Option 5 is the lowest
cost option at $48 7 million dollars The range of costs is from $48 7 mllhon to $55 5 million
Maps:
Exhibit I
Exhibit II
ExMblt IV
Exhibit VII
Respectfully submitted
Jim Coulter, Director of Water Utilities
Prepared by
P S Arora, P E ~'-
Engineering Admlmstrator
Exhibit I - Water CCN Area
Exhibit II - Wastewater CCN Area
Exhibit III - Population Forecast
Exlublt IV - Water System Improvements Plan
Exhibit V - Recommended "EssantJal" Water Improvements
Exhibit VI - Elevated and ground storage facihtles
Extublt VII - Problem Areas Sanitary Sewer System
Exhibit VIII - Cost for Option 1 for areas A and B
Exhibit IX - Option 2 Costs
Exhibit X - Option 3 Costs
Exhibit XI - option 4 Costs
Exhibit XII - Option 5 Costs
Exhibit XIII - Cost Comparison for options 1 through 5
Denton'a CCN Boundary Map for Water Service
SANGER
Legend
area covered by City of Denton Water CCN
I Denton'~s CCN Boundary Map for Sewer Service
Legend
EXHIBIT II ~
YEAR 1997 Population 1999 Populatmn
Forecast Forecast
2000 75,000 87,746
2001 76 000 90,378
2002 77,000 93,090
2003 78,000 97,774
2004 79,000 102,631
2005 80,000 107,763
2006 82,000 113,151
2007 84,000 118,809
2008 86,000 124,749
2009 88,000 130,987
2010 90,000 134,917
2011 92,000 138,965
2012 94,000 143,134
2013 96,000 147,428
2014 98,000 151,851
2015 100,000 156,407
2016 102,000 161,099
2017 104,000 165,932
2018 106,000 170,910
2019 108,000 176,037
2020 110,000 181,318
EXHIBIT III
Ordinance
Cto of Denton
Table V-6 ProJect Classfficat~on for"Essent~al" P~pebnes
PROJECT NAME PIPELINE NUMBER OTHER IMPROVEMENTS
P 6001
P 1153
P 1106
745-1 P 690
To be constructed as development P I 110 Ryan Elevated Storage Tank
occurs on the Northeast side of PAPAI 3 Hartlee Fteld Pump Statmn 74>
Denton along Mayhdl Rd and P 1114
North et F M 426 P 1120
P 1201
P 1128
P 6022
' 826-1 p 1026B2
Provides water to a developing P [020
area et on the south side of P 1022 A
Denton presently under design
and/or constructmn to enhance P 1022 B
water pressure and supply to th~s
region of Denton
P 6034
P 1094
826 2 p 1097
Required before Projects 826 3 4 P 1099
5 and 7 to provtde water from the P 1103 Hartlee F~eld Pump Statmn 826
new water treatment plant ltwdl P-1173 Hartlee F~eld Ground Storage
prowde water to the north s~de of P 1174
Denton lncludmg the H~gh P 1175
School Elevated 9torage Tank PAPAI 12
PAPAI 13
826-3
Provides water to the Mckenna
Park Stsndplpe and Booster Pump P-APAI 14
Statmn along the west s~de of
Denton should be constructed
before Projects 826-4 5 & 7
PAPAI 17
826~4 p APAI 18
Prowdos water to the southwest PAPAI 19
s~de of Dentoffs present PAPAI 28 Rosetawn Elevated Storage Tank
development and to the proposed PAPAI 30 Umvemty Elevated Storage Tank
Roselawn Elevated Storage Tank
should ba constructed before P 103 I
Projeots826 5 &7 PIl30
P 6032
I P 1030
826 5 P-2100
Prowdes water to the south side of PAPAI 7
Denton s present development P APAI-6
should be ~onstrueted to enhance P-APAI 5
pressure and supply additional PAPAI 4
water to thts ar~a PAPAI 2
826 6 P 1107
Prowdes water to an area along
Loop 288 along the northwest
s~de of De~ton between F M 428 P 1200
and Highways 377 & 388
enhances pressures and water
supply to this mgmn of Denton
Water Dtstrtbutton System Master Plan
01/24/00 ETM [MPAI~USMPAI1FTWMPAI_FTW_~ llUserslshareldoc[651101001Water Master I
Exhibit V
Cl~y of DetltOn l
PROJECT NAME PIPELINE NUMBER OTHER IMPROVEMENTS
8~6-7 p-APAI 22
Prowdes water to the proposed P-103~
South West Ground Storage Tank P 1034 SW900 Ground Storage Tank
and Booster Pump Station
prowdes water to this area as n P 1033
develops
826 8
Provides water to a developing
area on the south s~de of Denton
presently under design and/or P 1026BI
construction to enhance water
pressure and stlpp[) to this region
of Denton
P 13la C
P-13In-B
SW900-1 P 131~ E
Provides water to a developing PAPAI 38
area on the south smile of Denton P 1315 A SW900 Booster Pnmp Station
It ts presently ~ndar design and/or PAPAI 32 SW 900 Elevated Storage Tank
construcuon to enhance water P APAI.-43
pressttre and supply to th~s region PAPAI 47
of Denton and wdl follow the PAPAI ~ 1
construction of 826 7 P APAI-4I
p APAI-42
PAPAI 44
NW900 1 P 6062
Provides xvat~r to the northwest P 1091
s~de ol Denton to enhance P 1093 High School Booster Pump Stanon
to P 94 NW 900 Elevated Storage Tank
pressures
and
provide
th~s rcgmn P-93
I~ater Distribution System Master Plan V-10
01/24/00 ETM IMpdllUSMPAl~FT}VMPAl_FT}~_~ l[Userslshareldocl6-~llOlOOIWater ~
Exhibit V Cont.
Ctty ofDenton'
Table V-3 City of Denton Proposed Storage Facilities
Service Capamty
Cybernet Loeatmn Type Level (mill gal)
Name Reference
Just south of Malls Road,
Ryan Tank T-745-Prop-745 approxtmately one halfmde off of Elevated 745 I
Mayhdl Road, near Ryan HS
Umvers~ty T-34-Prop-826 Near the ~ntersect~on of S Welch St Elevated 826 2
Tank and W H~ghland St
Just north of Roselawn Dr, west of Elevated 826 2 5
Roselawn T-826-Prop-826
Tank James St
NW-900 T-900-Prop 900 Near the ~ntersect~on of 1H35 and Elevated 900 1
Tank NW Loop 288
SW-900 T-902-Prop 900 South of FM 2449, near L~vely Rd Elevated 900 1
Tank SW
Hartlee T-2000-Hartlee Hartlee F~eld pump station Ground 826/745 6
Field
T-901-Prop
SW-900 Ground Storage SW-900 booster pump stanon Ground 900 0 5
GS SW
Table V-4 summarizes the total storage tank capacity m each pressure plane w~th respect to TNRCC
reqmrements for predmted populatmn condmons m 2020 The proposed storage fambt~es prowde
adequate capacity for both ground and elevated storage based on TNRCC reqmrements
Il
Water Dtstrtbutton System Master Plan I/'6
01/24/00 ETM iMPAllUSMPAl~FT}I4NPAl_FTW_VIIUserslshareldoc1651101001Water Master Plan Reportlwaterplan doc
Exhibit VI
Ordinance
.)
~,(~enda
Agenda Item
AGENDA INFORMATION SHEET
AGENDA DATE. October 10, 2000
DEPARTMENT: Customer Service
ACM. Howard Martin, 349-823~.'~}~
SUBJECT:
Receive a report, hold a discussion, and g~ve staff chrectmn regarding Utility Bfllmg
BACKGROUND:
Today, I would hke to address with you some of the ~ssues or questmns that may concern you
considering customer serwce Below I am addressing the issues that have been brought to my
attention and have listed the steps that we are taking to chromate the concern for the customer,
our departlnent and you as Council Members I will also be happy to answer any additional
questions that you may have dunng Tuesday's work session
I would like to say that customer service has come a long way I will not tell you that we are at
the point that we have resolved all issues There are still challenges that we must yet overcome to
be funetaomng at the expectations of our department, the e~t~zens, and you as Cotmefl Members
Our department expectations are not to bnng our level of service back, but to bnng an enhanced
service to our customer This is possible due to the enhanced system capabilities, the devotwn of
the department, and the support of Management, the Pubhc Utility Board, and Cotmefl
I think ~t ~s important that you and the clt~zans know that the ~ssues are identified, and are being
addressed The remedial plan involves actions such as quahty control reports, trmmng, process
changes, and system enhancements when necessary
Our intent ~s to proact~vely address potential errors prior to bflhng the customer As some ofthe
solutions are still m progress, I do encourage c~tlzens to call us directly if they determine their
billing may be meorreet
1 Do balls add up?
The bill print issues that created bills m which the total d~d not reflect the itemized charges has
been corrected These were corrected through bill pnnt adjustments, re-deflmtlons, or
enhancements in the work order process
2. Why are customers stdl getting multi-month btlls?
Ftrst, The backlog no longer extsts We are now enmpletmg res~denttal customer set up w~thm a
2-week t~me frame Due to ttmmg ofserwee requests, a customer may receive a first bzllmg over
30 days, but should not receive btlhng for over 60 days The exceptzons are generally a
defictencyI m eommumcatzon among the prewous customer, current customer, and/or customer
servtce Multt-month btlls that are going out currently wxll be a result of one of the followxng
· Multt-servtce provtder areas (customer not aware they need to s~gn for service
wtth multtple prowders)
· Customer dtd not sign for service
· Mtsslng mformat~on - no matebang connect/d~sconnect, meter change
mformat~on, meter read mformatzon, error m mformat~on recetved
· Customer has not obtamed necessary permzt or final mspeetzon
·Informatton menmplete on prewous reszdent
These ~ssues existed prxor to the system change and wzll contznue to extst They wzll increase
and decrease in enrrelatton to the number of new reszdenttal and commercial property and tn
relat~onslup to student mxgratzon acttwty It occurs when customer servxee ~s not notified of
transmons xn service Upon notification, we do all that zs necessary to ensure that bxlhng ts
correct for both the prevtous and current restdent Th~s tssue xs more prevalent m Denton due to
student aettvtty and our vollmgness to asstst property managers and students m servzee transztton
As we work w~th developers and property managers, they wtll decrease, but tt ts not probable
that they wtll be ehmmated Some reports that are m the design phase wzll allow us to
mvesttgate some of the acttwty that would mdtcate these eommumcat~on breakdowns Other
actxwty xs not wstble to Customer Serwee untxl one of the customers ~mtxates correspondence
Second, we have been aware of what I wtll term the "phantom meter" tssue There has been a
questton fi-om the begmmng eoneermng mzssmg meters As of August, the metering department
recezved a report from Technology Servzces that has allowed them to begin finding meters that
were not being read The metering department has m~tzated a meter mventory process that has
allowed us to tdentffy meters that we have not been btlhng Thzs again wzll result m a multt-
month btll Thts process ts so thorough that we have ~dent~fied some meters that had not been
btlhng prior to the change zn the system
3. What about other bdling errors?
The mass ~bxlhng tssues have been resolved Indzwdual bllhng ~ssues do exzst These md~vtdual
xssues are inherent to the process We can however, wzth the proper tools, ~dentzfy and correct
many of these tssues before the customer receives their bzlhng We are working on reports that
w~ll ~dentlfy many tssues such as hxgh or low bzlhng, meter wzth no btllmg, meter actxwty on an
macttve acenunt, ete Many of these reports represent tools that exzsted or are enhancements to
prior system reports
4. What has the delay in bilimg and collection cost the City?
I cannot give you an amount on flus information I have requested an aging report that is m the
design phase Ttus report will allow me to calculate this loss Meanwhile, we are proposing
some pohcy changes that will address both financing gmdelmes and the use of interest These
changes will both allow Customer Service the ablhty to assist customers and limit the City's
exposure to loss
Other Issues
Reports are the most critical phase that is incomplete at this t~me These reports are necessary to
monitor actlwty, provide e&ts to prevent and locate errors, prowde mformat~on for analysis and
rate forecasting, provide information for forecasting, and prowde reformation for revenue status
All efforts need to be directed to complete fins phase W~thout reporting, we cannot fully judge
our current status, either organizationally or departmentally
Our mtssion is Four eoal-t~rovide auahtv servtce. So how long will it take us to reach our
goal? With everyone's support, we wll not only have better sarvme than ever, but will be able to
offer more (Hams web capabilities - connects, &sconnects, payments, account reformation,
enhanced billing information - graphs, history, last payment ~nformatlon, stmunanzed customer
billing, and much more I have promised Mr Martin that I will give tum a written vision of the
future When flus is complete, I am sure he will share it with you However, I am currently still
focused on ehmmatlng the challenges at hand
If you have any questions concerning customer service, please feel free to call me
Respectfully submitted
Howard Martin
ACM/Utilities
Prepared by
S san Croft
Utilities Services Manager/Customer Service
Agenda No ~
Agendaltem ~'
AGENDA INFORMATION SHEET
AGENDA DATE: October I0, 2000
DEPARTMENT: Public Transportation
ACM: Jon Fortune, Assistant C~ty Manager
SUBJECT
Receive a report, hold a d~scusmon and give staffdlrection regarding an update on LINK
bus routes
BACKGROUND
At the September 5, 2000 City Council meeting Council Member Cochran requested an
update on the new LINK routes This report was prepared in response to that request
Timeliness of LINK Routes
As you know, a major change in route design for the Denton transit system, LINK,
oeeum'ed on June 24, 2000 with the goal of ~mprovmg service delivery by providing more
convenient and efficient bus service for the Denton public The route structure was
changed from the former one-hour loop routes to tbarty-mmute linear routes demgned to
allow passengers more frequent opportumtles to make transfers and complete their trip in
less time In some respects tho new routes have been successful in aeeomphshmg these
goals m a short time P~dersh~p has increased by approximately 250 passengers (2%) as
compared to th~s same t~me last year and trip planner surveys conducted dunng the first
two weeks of service show that the new route structure s~gmfieantly reduces passenger's
overall trip time by an average of 20 - 30 m~nutes However, we are consistently
experiencing problems keeping the routes on schedule (on-time performance) In the
transit industry, on-time performance is defined as the percentage of time vehicles depart
not before the pubhshed departure time and not more than five minutes (0 - 5 minutes)
afier the pubhshed departure t~me Using th~s as a standard to measure timeliness of
LINK route service, the City's contractor, SPAN, estimates average on-t~me performance
to be approxxmately 60% On-time surveys conducted dunng the last two weeks red,cate
performance levels ranging from a h~gh of 75% to a low of 41% whereas prior to the
route change in June 2000 the buses operated on time approximately 85% - 90% of the
time Th~s level of on-time performance must be ~mproved In order to make
improvements to service, staff proposes the following performance standards
October 10, 2000
LINK Update
Page 2 of 5
Performance Standards
Every LINK customer must receive professional, quality, and courteous servme It is
expected that every staff member, whether City or SPAN staff, meet the needs of
customers Ensunng excellent customer servme also requires lmprowng on-time
performance Staff has established a goal of reaching on-time performance, as defined
above, 90% of the time Staff beheves that these performance standards clearly establish
the expectations for the LINK system and meeting them will improve servme to
customers
Actions to Achieve Performance Standards
City staff will work with SPAN to increase training and awareness of customer care
issues, but m order to achieve these performance standards staff mcogmzes that some
changes may be necessary, including minor route adjustments It is common (and
anticipated) m the transit industry that major route changes be evaluated for a 3-6 month
period to determine if route adjustments are necessary Unfortunately, there is currently
not an adequate procedure for documenting the tlmehness of route activity Because this
reformation is critical to accurately access problem areas along the routes, strengths of
the system, and areas of poor system performance, staff will establish the necessary data
collection procedure to accurately perform these assessments To help facdltate this,
Council approved m the 2000-2001 budget an Admlmstratlve Intern position to assist the
Pubhc Transportation Manager The primary responsibility of this poslt~on will be
oversight of data collection and evaluation of performance stattstlcs Examples of the
new statistics that will be collected include
1 Random on-time performance checks (% on time, average
mn time)
2 Documentation of major delay factors (street closures,
wheel chair boarding, trains, traffic accidents, etc ), and
3 R. ldersh~p boarding counts by stop
As a result of th~s data, m the future, staff may propose some route adjustments (keeping
the same basra route structure with minor changes) to not only reach the on-time
performance standard of 90%, but to ensure that efficient service is provided that meets
customer demand
In addition to implementing new data collection procedures, staff beheves that
estabhshmg a 5-minute maximum wmtmg time for vehicles mnmng on schedule to have
to walt for transfers from late vehicles will improve on-time performance Currently, all
routes are delayed until all vehicles carrying passengers needing transfers to another route
have amved at LINK. Central In many instances late buses cause otherwise on-time
October 10, 2000
LINK'Update
Page 3 of 5
routes to depart late for successive runs creatang a domano effect that could last for
several hours By allowang vehicles to leave the transfer center no later than 5 minutes
past the scheduled departure, staff belaeves on-tame performance will substantaally
improve The following example allustrates thas satuation
Example
A passenger travelang from La Colana Apartments on Dallas Drave boards
Route 1 at 7 50 a m to go to Texas Woman's Umversaty for an 8 30 a m
appoantment This trip wall requare a transfer to Route $ at LINK Central
However, Route 1 is delayed by a traffic accadent on Dallas Drive and
arrives at LINK Central at 8 08 a m (8 - 10 m~nutes past scheduled amval
time)
Scenario 1 (current)
Route :5 along wath the other 2 routes scheduled to depart LINK Central at
8 00 a m wait for Route 1 to arnve before leavang All buses leave late at
8 10 a m The passenger going to TWU amves at 8 15 a m for the 8 30
a m appointment All vehacles complete thear routes and return late to
LINK Central around 8 35 a m or 8 40 a m
Scenario 2 (proposed)
Route 5 along with the other 2 routes wait until 8 05 a m before departing
LINK Central (0 -5 manures considered on-tame) Route 1 amves LINK
Central at 8 08 am The passenger going to TWU has massed has
eonnecnon and must walt untal 9 00 a m to transfer to Route 5 A
Demand Response, Dlal-a-Pade or other vehacle wall be called by the bus
driver to transport the passenger to has final destanatlon at TWU In the
event a vehicle as not available the passenger takes the next avaalable bus
at 9 00 am and amves at TWU between 9 05 am - 9 10 am for the
8 30 am appointment To compensate for the anconvenaence the
customer wall receive a pass good for three one-way trips
Although on-time performance is expected to increase wath thas change, there is a
potential negative ampact for passengers amvang from late buses who may miss thear
connections and could be required to walt as long as 1 hour to complete their trip
Though staff as hopeful that this wall be a rare occurrence, in the instances where a
passenger has massed their transfer, staff proposes that the driver of the late bus amtaate
the request for a Demand Response, Daal-a-Pade or other vehacle to pick-up the passenger
at LINK Central and transport them to thear final destanataon Thas should elammate their
walt at LINK Central
October 10, 2000
LINK Update
Page 4 of 5
Staff recognizes that LINK services have a value to the community, and having
established the above on-time performance standards we hope to improve our service to
the community Should staff fail to live up to this performance standard and a passenger
misses a transfer resulting in a delay, staff proposes that the passenger be g~ven a pass for
three one-way trips to compensate them for the inconvenience
Pmally staff proposes to monitor on-time performance on a weekly basis with the help of
the totem mentioned above Further updates to City Council will be prowded to report on
progress toward the new performance standard
Denton County Health Department
Another area of public concern regarding the new LINK routes is the ehmlnation of the
bus stop providing service to the Denton County Health Department (Loop 288 ~
Market Street) Currently individuals requesting transportation to the Health Department
are taken there from the closest bus stop (either McKanney ~ Cardinal or Cardinal (~
Oriole) by LINK staff via a Dial-a-Ride or Demand Response vehicle However,
beglnmng Monday, October 23, 2000 LINK service to the Health Department will be
reinstated In order to accomplish tbs minor adjustments (rerouting the bus from
Cardinal to Loop 288) will be made to Route 3 (See attached map for route changes)
Because this rerouting results ~n the elimination of two existing bus stops along the
current wute sufficient public notification is necessary to inform the ndershlp of the
change The implementation schedule is outlined below
Route 3 Revised (Implementation Schedule)
Activity Tar§et Completion Date
Revision of Maps and Preparation of Pubhc October 6, 2000
Notification
Public Notification Period October 9 - 20, 2000
Implement New Route October 23, 2000
RECOMMENDATION
1 Staff requests direction to proceed with the development of the new performance
standards as indicated above, including the establishment of a 90% on-time
performance goal
2 Additionally, staff requests direction to proceed with the ~mplementatlon of the 5-
minute maximum wa~tmg time for on-time veh~clas Implementation of this
4
October 10, 2000
LINK Update
Page $ of 5
standard will provide for immedmte improvements to the level of on-time
performance and reduce the inconvenience to our customers who are lei~ w~utmg
as a result of late performance
EX$IIBIT
Attachment I Map (Indicating changes to Route 3)
Please advise if you have questions or need additional information
Assistant City Manager
Prepared by
Veromca S Rolcn
Public Tran~portation Manager
Agenda No
AGENDA INFORMATION SHEET Agenda Item
Dat~ /
AGENDA, DATE. October 10~h, 2000
DEPARTMENT: Planmng & Developmenxt D~partment
ACM' I David Hill, 349-8350 '/7 21~.
SUBJECT
Receive a report, hold a discussion, and g~ve staff direction regarding the draft Development Code
BACKGROUND
On September 15, 2000 a work session was held by City Council to review the draft Denton
Development Code prior to releasing it for public review City Council mstmcted staff to schedule a
review of outstanding issues and the draft zoning map Attachment 1 is a listing of the outstanding
issues andla brief analysis and options for the Council's consideration
A revised copy of the Code has not been repnnted, therefore please bnng your September 15th draft to
the meeting for reference The document is being changed to reflect the contlnumg work of staff to
create a document that is easy to understand and legally defensible It is our intent to continue to work
on correcting spelling, grammar, and meonmsteneles prior to the "Public Review Draft" being pnnted
The following sections of the code that have not been reviewed by Council
1). Land Disturbing Activities Attachment 2
2) Boards, Commissions and Committees Attachment 3
3) Non-conforming Uses Attachment 4
4) Traffic & Transportation Attachment 5
5) Utflmes Attachment 6
The Land Disturbing Activities section is one that was not yet complete at the September 15 meeting
The Boards, Commissions and Committees and the Non-conforming Uses sections are new
admlmstratlve sections that have resulted in Staff continuing to work on the code The sections
represent a re-ordenng and expansion on these two issues
The other two sections are current sections of the City Code that are bemg updated and revised as part
of the adoption of a new Development Code It is anticipated that these sections, along with the
Criteria Manuals, are more technical m nature and will not be part of the pubhc review draft or
process
PRIOR 3qCTION
The process, policies, goals and strategies related to the Development Code have received review at
previous Council meetings and workshops
ESTIMATED PROJECT SCHEDULE
The project schedule, as drafted, anticipates adoption of the Development Code by January 2001
(Attachment 7)
FISCAL ~NFORMATION
In August 1999, the mty contracted w~th Fregonese Calthorpe Associates for $262,575 to ~nclude
servmes related to the new development code
OPTIONS
1 D~eet staff to move forward with the pubhc rewew schedule as proposed
2 D~ect staffto delay the project as scheduled and allow t~me for further Councd review
RECOMMENDATION
Staff recommends that Council proceed w~th the pubhc review schedule as proposed Further rewslon
and refinement of the draft Development Code ~s antmlpated as add~tlonal comments are received
ATTACI-IMENTS
1 Issue Analys~s
2 Land D~sturbmg Act~wty
3 Boards, Commissions and Committees
4 Non-conforming Uses
5 Traffic and Transportation
6 Utilities
7 Proposed Schedule
Respectfully submitted
Director of Planmng and Development
2
Attachment 1
Issue Analysis
1 Process and Procedures - Process for stte destgn revtew by staff should allow staffthe abdtty
to grant Goal Optton Revtews tn order to provtde for creattvtty, to expedtte the revtew, and to
allow for the flextbthty of mnovatton tn matertals and design
Analysis' The process for site design review could be revised to include staff approval of an
architectural design or features not hsted but that meets the intent of the Code If the
architecture proposed ~s less than the standards or not authentic architectural design, the proj eot
will be forwarded to the City Counml for review
2 Residential Design Standards - The Stte Destgn Standards do not requtre 1 O, 000 square feet
or larger restdenttal lots to comply wtth the standards, th~s ts not equttable and does not
guarantee that bmldtngs wtll be any better tn destgn and matertals than the standards
Analysis The Site Design Standards could be revised to ehm~nate this exception and require
all residential lots to comply with the standards It can be argued that the need for architectural
standards are related to lot size, the larger lots prov~dmg greater separation and set-backs that
mitigates the need for architectural standards
3 Inflll Incentives - Infill development and development on small sttes
Analysis' The Code as written does not provide incentives for developments of mfill sites
The most direct incentive to foster the development of such sites would be to reduce the cost of
development by reducing fees There are several strategies that could be used to accomplish
this goal, reductions m fees could include any one or a combination of the following
1) Variable Impact Fees could be created to provide fees on a sliding scale through mapping
of the city into zones The zones would indicate the level of infrastructure available
throughout the city as a basis for the impact fees Downtown and the surrounding areas
could have an impact fee of zero dollars to a variable fee based upon whether the utility
would reqmre improvement for the proposed use Conversely, in the outlying areas where
there is no infrastructure, fees could triple or quadruple because of the cost of extending
infrastructure
2) Elimination/Reduction of Fees related to development wltlun the Downtown Umverslty Core
Districts and reduced Fees for new development within Existing Resldentml/Infill Compatibility
Districts (these d~stncts could be based on a variable fee structure, by site size and its location
fi~m tuner city to perimeter land m the districts, 1 e mslde 11-I35 and the Loop) Fees included
could be Park Dedication fees, building permit application fees, planmng apphcatlon fees, and
rmpact fees
3) Elinunat~on/Reductlon of Park Fees related to development within the Downtown Umverslty
Core Districts and reduced Park Fees for new development within Existing Resldentml/Infill
Compat~blhty Districts (these chstncts could be based on a vanable fee structure, by site size and
~ts location from inner city to perimeter land in the rhsmcts, 1 e inside IH35 and the Loop) Park
Dedication could be elumnated m the Downtown University Corn Districts where parks are
numerous
4) i Expedlted or fast track rewew for any new or redevelopment project m the Downtown
Umvers~ty Core D~stnets and peripheral Existing Resldentml/Infill Comparability Districts ~nslde
the loop and IH35
5) ' Elimination of Traffic Impact Analys~s for any project w~tlun the Downtown Umvers~ty Core
~D~stnct
6) i Density increases within the Downtown Umvers~ty Core D~stncts of 5 percent for
developments less than 60 acres and a 3% density increase for developments over 60 acres In
the case of FAR ~ncreases, height and FAR ~ncreases of 1 additional story and 5 % FAR
mcrease
7) , Reduce parlang requirement w~ttnn the Downtown Umvers~ty Core D~stnct of 10 percent for
any use On-street parking may cotmt toward a port~on of the overall parking reqmrement
4 Ml~cd Housing Incentives - Needforprovtston oftncenttves to provide a dtverstty of housing
and costs tn a netghborhood, from Iow cost housmg to hzgher cost houszng, from single-faintly,
attached and multtfamdy houstng types
Analysis: The Code as written does not prowde ~ncent~ves or force the development of low
cost housing m new developments There are several strategms that could be used to
accomphsh flus goal, from mandating a rmxture of homes (1) to prowd~ng ~ncent~ves (2 & 3)
1) Reqmre all developments ofa certmn s~ze (100 dwelhng umts or 60 acres) to prowde 5
percent of their development with low cost housing
2) Provide for an automatic density bonus when 5 percent of the total housmg of a project ~s
m~xed w~th low cost housing The 5 percent would be a m~mmum reqmrement and a
max~mmn allowed ~n one neighborhood The density bonus would allow the number of
low cost umts to double, adding twice as many tmas after the 5 percent of the total umts ~s
calculated 0 e 100 total housing umts, 5% equals 5 umts, allowed to double density
equals 10 umts of low cost housing, and a new overall total of 105 umts for the
development )
3) Prowde for fee reductions for developments that prowde 5 percent of their development
w~th low cost housing as hsted m #3 above
Nel h orhood Protection - Protectzon of extsttng netghborhoods tn Extstmg Restdenttal/Infill
Compattbthty Dtstrtcts and the restdenttal areas wtthtn the Downtown Untverstty Cores Districts
Analy,is' The proposed Code protects adjacent exmtmg development through the reqmrement of
physmal buffers and proposed new zomng d~stncts and their uses Additional optmns are
avmlable, such as
1) R~mrement to conform to or be less than the massmg and scale of the res~dentml structures when
theI structure ~s w~thm 100 foot of the adJaCent residential zone
2) Reqmrement to prepare a ¼ mile radms analys~s of the neighborhood, md~catmg the uses, scale, and
massing generally prevalent m the neighborhood W~thm a 600 foot ra&us ~om the development
(block length), analyze the arclutecture, setbaCks, and height of structures prevalent ~n the area
However, m no case would the site design standards be less than reqmred by the code
4
6. Planned Developments - Planned Developments and Rezonmg to New Dtstrtcts Con&ttons on
PD 's
Analysis: The proposal to rezone the PD's would subject them to the new standards and
regulations provided m the Code The standards m the Code promde a mechanism for vested
rights revtew and tssue resolutton
7. Vested Rllthts - Lot stze, butldtng stze, butl&ng Permtts, buddmg footprtnt, not vested tn use,
apphcabthty, and he rzght to develop under exzstmg code were issues ratsed regar&ng prevtous
approvals
Analysis: The Legal Department has revtewed the sectmn on vested rights and have drafted a new
section (Attachment 4)
8 Cost Benefit - Cost benefits of old and new code for developers and the communtty
Analysis: To date, no analysis has been made to determine the cost associated wtth the new Code
Staff believes that there wall be cost savings for new developments that can proceed with a Staff
Permit versus the process that reqmres the rezomng of most property prior to development
9. City Meetin~ Code - Czty should meet the new code reqmrements
Analysis: The Code as drafted ts intended to apply to City projects
10 Conventional Development - Can Netghborhood Centers develop conventtonally¢
Analysis: Conventional development ts allowed for parcels of 2 acres and less The reason for
thts hrmtatton is that many conventionally destgned subdlvmtons do not meet the tntent of the site
design criteria They generally have deeper setbacks, front loading driveways, wider streets, lack
connectivity thereby increasing traffic movement on collectors and arterials, provide httle to no
common open space, have double-facing lots that back up onto perimeter streets, provide bamers
which often become unstghtly and are perceived as less walkable and safe
11. Non-conforming Uses and Structures -
Analysis: A non-conforming use, by defimtlon, is a use that is not allowed in a specific zoning
dtstnct Non-conforming structures are bmldmgs that do not meet the design reqmrements of the
new Code Because there are no current general destgn standards for bmldtngs tn the city, it
should be anticipated that many existing bmldmgs will become non-conforming under the new
Code The Code does include a provision to allow a 10% remodehng or addltton to an cresting
structure by right This hmlt could be ratsed tn order to reduce the quantity of nonconforming
structures required to meet the code, or tt could require any addlttons and remodels, lncluchng the
remmnder of the structure, to meet the bmldmg code and/or the site design standards
12 Lot sizes and sentic systems -
AnalySis: The current code allows septic systems an areas where sewer 1s not avtulable, usually in
areas of the City's ETJ The current regulations an general require a mlmmum lot size of ½ acre
for sepilC and 1 acre for septic and a well
Staff as recommending that flus lot size standards be doubled, a one acre manamum for lots having
public, water and 2 acres for those on a well Our drainage and environmental compliance
dlvasaons have often reiterated the damage these septic systems can cause to our water supply
because of the insufficiency of the soil in these septic fields and leaching areas and that the septic
systems often do not function properly, thereby causang odor and leakage problems
13 Currept Agricultural Zoning -
AnalySis: Some properties within the city limits are currently zoned agriculture These propertaes
wall be rezoned wath the new zomng code and map an conformance with the comprehensive plan
These properties WILL NOT lose their agricultural exemption should they be using the property
for that purpose Properties are taxed based upon thear use, not thear zoning The new zonang code
does not have an agriculture district The purpose of rezonlng these properties is to bnng the
zomng rote conformance with the comprehensave plan and to provide for certainty within the
community and with the property owner that the zoning of the property is what wall occur unless a
zone change is sought This will also encourage development wlthan the city limits when zoning is
set and the process for development requires a staffpermat only
14 Industrial Performance Standards -
AnalySis: The intent was not to change the current standards related to industrial uses Staff has
completed some research, but has not found ex~stang standards from a Texas city Further, the
measurement and enforcement of newer and more stnngent standards is a concern
15. Home IOccunations - What are our current regulattons, problems tend to be whether they
function as a Home Occupation
Analysis. The current zomng code defines Home Occupations as-
"Home occupation means any occupation or actavaty whach is clearly aneldental and secondary to
the usa of the premises for dwelling purposes and as not detrimental to the enjoyment of adjoamng
property A home occupation is an occupation earned on in the main structure by a member of the
occupant's family without the employment of additaonal persons and wathout the use of a sign to
advertise A home occupation specifically excludes the operataon of a carpenter's, eleetneaan's or
a palmer's shop or s~rmlar contractor's shop, an apphance, automobale or furniture repair shop or
samila~ repmr shop, a barber shop or beauty shop, storage or d~stnbutaon warehouse, a s~gn shop
and any form of on-premises merchandise activity A home occupataon also excludes a doctor's
office or similar office that depends upon substantial claent traffic to the premises"
Home loccupations may occur in the current ordinance within all d~strlcts except for Parkang and
Outdoor Amusement and Recreatmn Distncts
The new draft code is written with certain restnctaons and is in fact more demanding an many cases
then the current ordinance It restricts the area allowed to be used as a home occupataon, restricts
sale of merchandise, but allows mml order and marketmg services such as mtemet sales, it restricts
6
the operation of the home occupation to the family and allows one employee, it prohibits external
display of products, it prohibits slgnage advertising the home occupation, it prohibits the use of
certmn substances and machinery not normally used in a residence, it restricts on-street parking of
business-related vehicles nor does it allow certain types of vehicles to be parlang overnight on-
premise, it allows the sale of garden produce within Rural Districts, and defines a hst of allowed
home occupations and examples of those which are prohibited
Staff believes this code to be superior to our current code because it provides more guidance The
allowance of barber and beauty shops with one chair and two customers is an issue for some
council members and the allowance can be reduced or eliminated Massage therapists will be
changed to read Registered Massage Therapists
16 Density / Residential Mix - The density and residential mix targets as hsted tn The Denton Plan
1) Single Family density should average 3 dwelhng untts per acre cttywtde
2) Multi Famdy denstty should average l 4 dwelhng untts per acre cltywtde
3) The overall mtx between stngle famdy and multt famdy shouM be 59% stngle famdy, 41% multt
farmly
Analysis: Based on the need to adjust the proposed zomng map to the comprehensive plan targets, the
consultants and staff are recommending the following changes to the proposed zomng ordinance and
map As chscussed at the September 15 workshop, owner occupied townhomes would count as smgle
famaly homes The followmg changes are also being put forward m order to meet the development
targets of The Denton Plan
1) Lb-mt umt density to 12 umts per acre m the DR-1 zone, and 24 umts per acre in the DR-2 zone
2) Lmut density to 20 umts per acre m the RCR-1 zone and 30 umts per acre in the RCR-2 zone
3) Lurnt density in the NCR-2 zone to 1 5 umts per acre, and in the NCR-15 zone to 12 umts per
acre The NCR-15 zone should be renamed NCR-12, and residential umts lmuted to attached
smgle farmly or fee sunple townhouses, two terms that are defined m the zomng code
4) Lurnt density m the lxlR-3 zone to 3 umts par acre, the NR-6 zone to 4, the NRMU-15 zone to
12, and the NRMU to 25 The NRMU-15 zone should be renamed NRMU-12
These changes g~ve a future capacity spla of 63% single family to 37% multi family When combined
with the current number of umts m the City, the resulting spla is 60% single family and 40% multi
family The density for future umts is 3 11 dwelhng amts per acre for single family, and 13 95 for multi
farmly When added with existing densities, the cltywlde densities become
17 Mixed] Use in mixed use Districts - Provision for requiring mixed uses, only allowing residential
above the lSt floor
Analysis: The code includes Sub-Chapter 35 7 1, Mixed Use Overlay which applies to any
development within the Exlstmg Residential/Infill Compatibility Districts, the Neighborhood
Centers Districts, the Downtown University Core Districts, the Community Mixed Use Centers,
and the Regional Mixed Use Centers The intent of this overlay to these districts is to allow
flexibility and reqmre a mixture of uses within a development They are intended to provide for a
variety of uses within a given block and/or structure The intent is to avoid the typical strict
separation of uses seen with our current regulations These regulations also provide for the
protection of existing adjacent uses by shielding them from intrusions, and those directly adjacent
to more intense uses These intense uses can be relocated within the parcel away from the direct
adjacency to the residential/neighborhood uses The overlay is one means by which the code
7
provld0s for mixed use, connectlwty and walkablhty ~n the city and rexnfomes The Denton Plan
The requirement in some m~xed use districts for residential umts located above the 2nd floor of a
m~xed ,use structure ~s to promote m~xtures of uses, prowde for walkabthty, areintecture and s~te
design which emulates the walkable parts of our c~ty, and to hm~t multffamfly from developing ~n
tins particular zone m large, concentrated multlfamfly complexes
18 Code Maintenance and Performance - Prowston for adaptabthty and flextbthty of the Code for
the next 2O years Prowston for correct~on of errors and unanttc~pated adverse consequences
AnalySis: Tins Code, as w~th any code, will need to be updated as the need arises Staffdoes beheve
that tins Code is a state-of-the-art document that addresses the current planning issues m Denton and
will unplement The Denton Plan Also, Staff,s committed to continue to rewew the document to ~nsure
that all,onuss~ons and corrections are addresses prior to the adoption of the Code
19 Fence~ -Factng sides of wood fences and fence heights
Analysis: The prows~on for fences to face the dress s~de of a wood fence outward fi'om thenc property
~s typical m most development Where tbas ~s especmlly ~mportant ~s at the front yard s~de of the home
where a fence ~s visible from the sweet and when the fence wginn a s~deyard ~s adjacent to a street
Facing a fence adjacent to another smgle-farmly lot ~s not an ~ssue When a fence faces outward where
~t ~s ac~acent to another type of use and that fence ~s supphed as a buffer, ~t should face toward the
adjacent use In the case of wood fences, tins ~s an aesthetic ~ssue
Fence heights are an issue m the c~ty The use of fences over certain heights can become a wsual
obstacle and ~mpedunent to the netghborhood For additional vemcal buffenng for v~ews and no,se, use
of both a fence and vegetation ~s key
20 Bicycl~ Parking -Provtstons
Analysis: B~eyele parlang is the downtown can be changed to reflect the requtrements of the code,
especially m areas where bike paths/routes uall be established Prowdmg b~cycle parlang m non-
pedest~an zones can also be estabhshed, but perhaps at a lower threshold M~ddle school and ingh
schoollroqutrements are such because the mtent of tins section ~s to promote the use ofincycles to and
from the schools The umversmes also reqture b~cycle parlang Tins ~s especially necessary as because
ofvetucle parlang ~ssues and also t~es into our plans for incycle routes
21 Design Standards -Creattvtty and alternattves
Analysis: The design standards are a general set of criteria Should an apphcant v~sh to design their
structure m modermslae or other architectural themes, they have the abthty to do so through the Goal
Option Rewew Tins does not mean that someone who does not want to meet the standard for design
can file lesser reqturements under a goal optmn, just that ~t allows for creative and authentac arcintecture
of the same or better cahber to occur Adthlaonally, the hst in the s~te design standards requmng
arcintectural elements will include an adcinlonal ~tem Authentic arcintectural features and design
prevalent Wltinn a specific vernacular
Attachment 2
Land D~sturb~ng Activity
35 15 1 Purpose and Intent
A Promote braiding and s~te design practices that are consistent w~th the c~ty's natural
topography, so;Is and vegetative features wh~le recogmz~ng that certain factors such
as d~sease, danger of fa~hngs, proximity to ex~stmg and proposed structures and
improvements, interference with ut;hty services, and protection of scemc wews
B Preserve and enhance the city's physical character by preventing untimely and
md~scnmmate removal or destruction of trees, understory, and ground cover,
C Protect and preserve native and specimen vegetative species, ecosystems and
natural habitats and prevent damage to and unnecessary removal of vegetation during
the land development and construction process,
D PrOtect the city from sediment that hnds ~ts way into streets, storm sewers, d~tches and
streams and which may result ~n additional taxes for c~ty maintenance costs and a
reduction ~n water quahty,
E Reduce sediment accumulation in streams, lakes and rivers which reduces their
capacity and can result ~n ~ncreased flooding, impair water quahty and damage
prOperty, thus reducing ~ts use and value,
F Reduce sediment, which is a major pollutant by volume, of surface water ~n Denton
Promote sediment reduction through s~te design, grading and braiding practices in
order to protect against the degradation of aquatic orgamsms and fish, which
decreases recreational value and which promotes the growth of weeds and algae,
thus reducing the waters natural ablhty as a filter,
G Protect water resources, flood plains, enwronmental quahty, and the natural and man-
made physmal and visual quahty of the city from degradation,
H M~tlgate the effects of ~mperv~ous surface land coverage by structures and pawng that
tend to increase ambient air temperature and generate greater water runoff causing
erosion, flooding, and water pollution,
I Prevent clear-cutting and mass grading of land through s~te analys~s and s~te design
upon the natural terreln for building sites and by allowing cluster development, and
J Promote soil conservation by m~mm~z~ng natural terrain d~sturbances, thereby reducing
sedimentation, and a~r and surface water pollution
35 15 2 Approval and Permit Reqmred
No person, corporation, or other legal entity shall engage ~n removal of trees, land
clearing and grading without the reqmred approvals and permits Cleanng and grading
act~wty shall be hm~ted to dedicated pubhc rights-of-way, private streets, alleys and pubhc
easements Approval of individual braiding permits ~s reqmred for cleanng and grading
activity on lots and for the construction of structures on lots A cleanng and grading
permit is reqmred ~n the c~ty and shall comply w~th the following
A Obtaining approval of a Tree Protection Plan,
B Obtaining approval of a S~te Plan,
C Obtaining approval of a Clearing, Grading and Erosion Control Plan, ~nclud~ng hm~ts of
cleanng and grading and Development Phasing Plan,
D Obta~mng approval of a Enwronmentally Sensitive Areas Protection Plan,
E Obtaining approval of a Drainage Plan,
F Obta~mng approval of a F~nal Plat,
G Obtalmng approval of a Three-Way Contract,
H Hold a pre-construction meeting,
I Obtaining approval of all Construction Plans, and
J Approval of any other required rewews, plans, and approval requirements of this
chapter
35 15 3 Exemptions
The following shall be exempt from the provisions of this subchapter
A Grading and clearing ~n emergency s~tuat~ons ~nvolwng ~mmed~ate danger to hfe and
property or substantial f~re hazards,
B Grading of one (1) acre or less on a s,ngle lot, under one ownership, for the purpose
of construcbon, landscaping and/or associated ~mprovements for a s~ngle-fam~ly
residence to be constructed as ind~cated on the plan submitted to the building official
w~th an apphcat~on for a building permit Such exemption shall not apphcable when
the above-mentioned gred~ng act~wty would d~rectly ~nvolve enwronmentally sensitive
areas and parcels or lots where the predominant slope ~s in excess of 15 percent,
C Any non-residential act~wty where the total volume of material d~sturbed, stored,
d~sposed of or used as fill does not exceed 100 cubic yards or the area disturbed does
not exceed 1,000 square feet prewded ~t does not obstruct a water course and ~s not
located ~n an env~renmentally sensitive area
D The removal of undes~reble groundcovers, dead trees or d~seased or damaged trees
which constitute a hazard to hfe and property based upon a f~eld ~nspect~on
verification,
E Grading and cleanng practices associated w~th normal agricultural crop operations,
excluding timber cutting,
F St0ckp~hng and handhng of earth matenal associated w~th commercial quarry and
landfill operations licensed under the State
G Cemetery graves
H Tree transplanting operations as allowed by th~s chapter
35 15 4 Apphcat~ons
Permit apphcat~ons and requirements, processing of apphcat~ons, and conditions of
~ssuance are as follows
A Unless prewously approved through DRC an application for a clearing and grading
permit shall be submitted on a form provided by the c~ty Plans shall be drawn to an
appropriate scale and shall ~nclude sufhclent ~nformat~on to evaluate the enwrenmental
characteristics of the affected areas, the potential ~mpacts of the proposed grading on
and off-site, exlsbng trees and understory, steep slopes, water resources, and
measures proposed to minimize so~l erosion and off-site sedimentation The owner/
developer shall perform all cleanng, grading, drainage, construcbon, and development
~n strict accordance w~th the approved plan In addition, the following ~nformabon shall
be ~ncluded in any plan, unless approved ~n advance by the Development Rewew
Committee Chairman
1 A city apphcat~on and checkhst, s~gned by the property owner
2 An attached v~c~mty map showing the Iocabon of the s~te ~n relabonsh~p to the
surrounding area's watercourses, water bodies and other s~gmflcant geographic
features, and roads and other s~gmflcant structures
3 An ~nd~cabon of the scale used, but ~n no case less than 1 ~nch equals 50 foot
4 The name, address, and telephone number of the owner and/or developer of
the property where the land disturbing activity ~s proposed
5 Two foot contour elevations for the ex~st~ng and proposed topography
6 Major physical features of the property
7 Location and descnpbon w~th method of protecbon of all environmentally
sens~bve areas and other s~te features
8 A clear and deflmte dehneat~on and ~dentlflcat~on of all trees 6 ~nches DBH and
greater on the site and w~th~n 20 foot of the property hne where the roots of
offslte trees may be affected by the proposed development and the general
location of all understory vegetabon on the s~te
9 A dehneat~on of tree groupings, understory and ~nd~v~dual tree specie which w~ll
be preserved on the site, including techmques proposed to protect the
vegetation dunng and after all construction act~wty
10 The proposed grading or land disturbance acbwty ~nclud~ng the surface area
~nvolved, excess spoil matenal, use of borrow matenal, and specific hm~ts of
d~sturbance
11, A clear and definite dehneabon of any natural or arbflc~al water storage
detenbon areas and drainage d~tches on the s~te
12 Storm drainage system, ~nclud~ng quantities of flow and s~te conditions around
all points of surface water d~scharge from the site
13 Erosion and sedimentation control plan and prows~ons to minimize on-s~te
erosion and prevent off-site sed~mentabon, ~nclud~ng prows~ons to preserve
topsoil and hm~t d~sturbance
14, Design details for both temporary and permanent erosion control structures
15, Details of temporary and permanent stab~hzabon measures ~nclud~ng a
construction note on the plan stating
"Following ~mt~al soil d~sturbance or red~sturbance, permanent or temporary
stab~hzabon shall be completed w~thln seven days on all perimeter d~kes,
swales, d~tches, penmeter slopes, and all slopes greater than 3 honzontal to 1
vertmal (3 1), embankments of ponds, basins, and traps, and within fourteen
days on all other d~sturbed or graded areas The requirements of th~s secbon do
not apply to those areas which are shown on the plan and are currently being
used for matenal storage or for those areas on which actual construcbon
activities are currently being performed"
16, A statement noting that the contractor, developer, and owner shall request the
~nspector to ~nspect and approve work completed ~n accordance with the
approved Cleanng, Grading, Erosion and Sediment Control Plan, and ~n
accordance w~th th~s subchapter The contractor, developer, or owner shall be
required to obtain written approval by the Inspector at the stages of
development as outhned ~n th~s subchapter
17 The City Engineer or the D~rector of Planning and Development may require
any additional ~nformat~on or data deemed appropriate and/or may ~mpose such
conditions thereto as may be deemed necessary to ensure comphance w~th the
prows~ons of the S~te Design Criteria Manual, the ~ntent of th~s subchapter or
the preservation of pubhc health and safety
18, A descnptlon of, and/or spec~fmat~ons for, sediment retention structures
19 A descrlpbon of, and/or specifications for, surface runoff and erosion control
devices
20 A description of vegetation protection measures Location of required s~gnage
~ndmat~ng f~nes and warnings as ~llustrated ~n the S~te Design Criteria Manual
21, The apphcant may propose the use of any erosion and sediment control
techmques ~n a Plan prowded such techniques are proven to be as or more
effective than the equivalent practmes as contained ~n the S~te Design Criteria
Manual and/or the Drainage Criteria Manual
22 Other ~nformat~on as deemed appropriate to th~s chapter may be required ~n
~nstances related to geological hazard, shorehne protection, tree and
environmentally sensitive areas protection and project scope
B When not submitted as part of a plan the apphcant shall submit to the City, a master
work schedule showing the following informat~on
1 Proposed phasing plan
2 Proposed grading schedule, ~nclud~ng
a Schedule of rough street and ut~hty easement grading, and
b Ind~wdual lot and/or pad grading schedule
3 Proposed schedule for ~nstallat~on of all erosion and sediment control measures
~nclud~ng, but not hm~ted to, the stage of completion of erosion and sediment
control dewces and vegetative measures
4 Schedule for construction of f~nal ~mprovements, ~f any
5 Schedule for ~nstallat~on of permanent erosion and sediment control dewces
where required
C The Building Official, upon race,pt of an apphcatlon for a cleanng and grading permit,
shall confer w~th other c~ty personnel as may be appropriate, and make a decision
w~th~n 20 days from the date of submission of a completed apphcat~on, unless an
extension ~s authorized by the apphcant
D Any permit granted under th~s subchapter shall expire one year from the date of
~ssuance Upon a showing of ongoing construction act~wty, the permit may be
extended by the building offm~al for one 6-month period and for an additional fee
E Ap,proved plans shall not be amended w~thout authorization of the D~ractor
F Th~ permit may be suspended or revoked by the Building Official because of ~ncorrect
~nformat~on supphed or for any v~olat~on of the prows~ons of th~s subchapter
35 15 5 ~ Standards
All grading, ~ncluding grading that ~s exempt from the requirements for a permit, as well as
grading authorized by the Building Official pursuant to th~s subchapter shall conform to
the following standards and provisions unless otherwise recommended ~n an approved
so~l engineering, so~l geology, hydrology, or a tree protection plan where the alternate
procedures w~ll be equal or supenor ~n ach~ewng the regulations of th~s subchapter or the
S~te Design Cntena Manual In addition, the following standards and prows~ons as well
as the S~te Design Cntena Manual shall be the governing cntena for the ~ssuance or
demal, of cleanng and grading apphcat~ons under th~s subchapter
A General Regulations
1 The grading w~ll not create or contnbute to landshdes, accelerated so~l
creep, settlement and subsidence or hazards associated w~th strong ground
mobon and so~l hquefact~on,
2 The proposal shall contain reasonable prows~ons for the preservation of
natural land and water features, vegetation, drainage and other ~nd~genous
natural features of the s~te,
3 The grading w~ll not create or contribute to flooding, erosion, or ~ncreased
turbidity, s~ltat~on or other forms of pollution m a watercourse,
4 The grading shall be undertaken ~n such a manner as to preserve and
enhance the c~ty's character
5 Grading operabons shall be conducted so as to expose the smallest
practical area of soil to erosion for the least possible t~me, consistent w~th an
anticipated build-out schedule,
6 Slash shall be removed from cleared s~tes w~thm 6 months of the operations
completion date
7 The grading to be performed ~s not designed for mass s~te cleanng and
grading and/or terracing of ~nd~wdual lots The grading to be performed ~s
designed ~n a manner for ~nd~v~dual lot cleanng and grading when
construction upon the lot is permitted for the structure ~ntended
B Cuts and F~lls
The prows~ons of th~s subsection may be waived by the Building Official for m~nor
grading operations of less than 100 cubic yards and which are not ~ntended to support
structures or ~n ~nstances where the hteral ~nterpretat~on of the underlying prows~ons
would not serve the ~ntent and purposes of th~s subchapter
1 Cut slopes shall be no steeper than ~s safe for the ~ntended use Cut slopes
greater than three feet ~n height shall be no steeper than three horizontal to
one vertical foot, except where approved retaining walls are engineered and
installed and where trenches are refilled w~th matenal from the excavation,
2 The ground surface shall be prepared by remowng vegetabon, nonapproved
f~ll, and other unsuitable materials as determined by the Building Official, as
specified ~n the approved plans and where the natural slopes are f~ve and
up to f~fteen percent, by the excavation of relatively level steps ~nto the
slope, on which fill ~s to be placed Slopes ~n excess of 15 percent shall not
be built upon or graded,
3 All topsoil removed dunng ground surface preparation shall be stockpiled on
the s~te and stab~hzed w~thln fourteen (14) days,
4 F~II slopes shall not be constructed on natural slopes which are 15 percent
or greater,
]3
,5 The slopes of f~ll surfaces shall be no steeper than ~s safe for the ~ntended
use F~II slopes exceeding three feet in depth shall be no steeper than three
horizontal to one vertmal foot, except where approved reta~mng walls are
approved and ~nstalled
6 When the owner of any parcel shall raise, lower or alter the level or ex,sting
grade of a s~te by fill or excavation, they shall, at their expense
a Protect all adjo~mng property from encroachment by such f~ll or
excavation, or danger of collapse due to such excavation e~ther by the
erection of an engineered retaining wall or by sloping the sides of such
f~ll or excavation entirely w~th~n the confines of the s~te, and
b Protect all tree and vegetation root zones and canopies whose stems or
trunks are located w~th~n twenty feet outside of the property boundary
The root zones of sa~d trees shall be calculated as defined ~n th~s
chapter and shall be protected from destruction Excavation and f~ll
w~th~n the root zones of trees ~s prohibited
c Cuts and f~lls shall not compromise the ~ntent or use of ex~st~ng drainage
and ubhty easements as originally designed and approved by the c~ty
35 15 6 Plan Evaluation Cr~tena
A Priority is given to the pretect~on and wab~hty of valuable lands These lands ~nclude
floodplains, steep slopes over 15 percent, wetlands, bodies of water, forested slopes,
environmentally sensitive areas, tree stands, vegetation that attracts wlldhfe and
stab~hzes so~l, and other environmental features that may be parbcular to the site
B Roadways and ut~ht~es are located where they cause the least damage and
destruction of valuable lands
C Methods of ut~hty, roadway and lot development uses construction methods and
design that deter loss of topsoil, reduce eres~on, and reduce the quantity of cut and f~ll
D Al:~propnate footpnnt sizes and development are designed w~th the natural terrain and
dr$~nage of the s~te Erosion prevention and control measures are used, ~nclud~ng
protection of natural swales and drainage areas Severely eroded areas are
steb~hzed
E Protection of environmentally sensitive areas has been demonstrated
F M~ss cutting, f~lhng and benching or terracing of ex~st~ng slopes to create additional or
larger building s~tes are prohibited Alternative treatments, such as building the
structure w~th the slopes of the natural terra~n, ~nternal or external building retaining
wills are used, and Iow reta~mng walls on the s~te to reduce s~te grading are used
~n~tead of mass s~te grading
G Demonstrates that the project w~ll result ~n the reasonable preservation of trees
H The area ~s hm~ted by design to the area of construction and the s~te ~s left ~n ~ts
natural state otherwise dunng the course of construction
Mi Demonstrates reasonable preservation of trees and understory and that the
following cntena ~s demonstrated ~n select~on of trees to be preserved or removed
1 Proximity of the trees cnt~cal root zone or drip hne to proposed grading act~wty
2 Permanent tree protection methods are employed to protect the preserved tree
from damage where the trees critical root zone may be ~mpacted
3 Other measures have been employed, ~nclud~ng s~te design that ~mproves the
chances for tree survival
4 Temporary tree protection methods are adequately employed
14
5 Construction methods for ut~hty service to the site are used that allow protection
and preservation of additional trees, such as, tunnehng under the cnt~cal root
zone, tree walls, or tree wells
6 Ut~hty trenching activities are ~nd~cated on the plan
35 15 7 Appeal Procedure
Any person aggrieved by any action of the Building Official or Development Rewew
Committee may, w~th~n 10 days of such action, f~le a notice of appeal with the Board of
AdJustment setting forth the reasons for such an appeal The Board of Adjustment shall hear
and determine the matter and may affirm, modify or d~saffirm the adm~mstrat~ve dec,sion
w~th~n 90 days of the f~hng of not~ce of appeal The Board of Adjustment shall use the
Evaluation Criteria hsted in th~s subchapter and the Cntena Manuals of th~s Code to make
their decision
35 15 8 Build,no Code
The prov!s~ons of th~s subchapter which relate to land excavation and grading shall be
deemed to supplement corresponding prowslons of the building code Where the prows~ons
of th~s subchapter and the building code apply to the same subject matter, the provisions of
th~s subchapter shall apply, unless the prows~ons of the building code more narrowly apply to
a specific s~tuat~on, ~n which case the specific provisions of the building code shall apply
35 15 9 , Performance Bond Required
A performance bond may be required The Building Official may require bonds in such form
and amounts as may be deemed necessary to assure that the work shall be completed ~n
accordance with the permit The property owner, or other person or agent in control of the
property, ~f required, shall furmsh bonds
In heu of a surety bond, the applicant may file a cash bond or ~nstrument of credit w~th the
Building Official in an amount equal to that which would be required in the surety bond The
amount Of such bond shall not exceed the estimated cost of the total restoration work
planned
35 15 10 V~olat~ons and Penalties
Upon determination that a wolat~on of the provisions of th~s subchapter has occurred, the
building official shall w~thhold ~ssuance of the building permits or shall ~mmedlately shut down
the project from any further work or construction for the affected property until the
responsible party takes correct~ve action
Attachment 3
Boards, Conumss~ons and Comnuttees
BOARD OF ADJUSTMENT
35 18 10rflanizat~on of the Board of Adlustment
A A Board of AdJustment (Board) is estabhshed which shall consist of seven (7)
members, each to be appointed by a majonty of the C~ty Council for staggered terms
of two (2) years and may be removed for cause by the C~ty Council All members of
the Board shall serve w~thout pay Vacancies shall be filled for the unexpired term of
any member whose place becomes vacant for any cause, ~n the same manner as the
ongmal appointment was made
B The c~ty council shall appoint three (3) alternate members of the Board who shall
serve ~n the absence of one (1) or more of the regular members when requested It
shall be deemed at their appointment that they have been requested by the mayor and
C~ty Manager to fill ~n for an absent regular member whenever requested by the
D~rector The alternates shall be designated the first, second, and third alternate, and
shall serve ~n the absence of one (1) or more members Alternate members shall
serve ~n their designated numencal order For example, ~n the absence of one
member of the Board, the first alternate shall serve
C Alternate members, when appointed, shall serve for the same period as the regular
members, which ~s for a term of two (2) years Alternate members shall be subject to
removal ~n the same manner as regular members Any vacancy shall be filled ~n the
same manner as for regular members for the unexpired term
D All cases to be heard by the Board w~ll always be heard by a m~mmum number of s~x
(6) members
35 18 2 Operational Procedures
A The Board may adopt rules to govern ~ts proceedings provided, however, that such
rules are not ~ncons~stent w~th th~s subchapter or state law Meebngs of the Board
may be held at the call of the chairman or at such other t~mes as the Board may
determine and ~n accordance w~th the Open Meebngs Law~ The chairman or, ~n h~s
or her absence, the acting chairman may administer oaths and compel the attendance
of witnesses
B The Board shall keep m~nutes of ~ts proceedings, showing the vote of each member
upon each quesbon or, ~f absent or failing to vote, ~nd~cat[ng such fact, and shall keep
a record of ~ts examlnabon and other official actions, all of which shall be ~mmed~ately
filed ~n the office of the Board and shall be a public record
~ Tex Gov't Code §551 001, et seq (Vemons, 1994) as amended
16
C Appeals to the Board can be taken by any person aggneved, or by an officer,
department, or board of the mumc~pahty affected by any decision of an adm~mstrat~ve
official relative to the enforcement of this Chapter The appeal shall be taken w~thln
fifteen (15) days t~me after the decision has been rendered by the administrative
official, by f~hng w~th the admlmstrat~ve official and with the Board, a notice of appeal
specifying the grounds thereof, and upon payment of a fee in an amount determined
by the C~ty Council The admlmstrat~ve official shall forthwith transmit to the Board all
the papers constituting the records upon which the action appealed was taken from
D An appeal shall stay all proceedings ~n furtherance of the action appealed from unless
the administrative official certifies to the Board, after the notice of appeal shall have
been f~led, that ~n his or her opinion such stay w~ll cause ~mm~nent penl to hfe or
property In such case, proceedings shall not be stayed otherwise than by a
restra~mng order which may be granted by the Board or a Court of Record on
apphcat~on or not~ce to the administrative official and on due cause shown Criminal
action commenced ~n the Municipal Court of the c~ty shall not be stayed
E No appeal to the Board for the same or a related action on the same p~ece of property
shall be allowed prior to the expiration of slx (6) months from a prewous ruhng by the
Board on any appeal to such body unless other property ~n the immediate vicinity has
w~th~n the said slx (6) month period been changed or acted on by the Board or C~ty
Council so as to alter the facts and conditions upon which the prewous Board action
was based, as determined by the Board Such change of c~rcumstances shall permit
the rehearing of an appeal by the Board prior to the expiration of a slx (6) month
period, but such cond~bons shall not have any force in law to compel the Board, after a
hearing, to grant a subsequent appeal, such subsequent appeal shall be considered
entirely on its merits and the pecuhar and specific conditions related to the property on
which the appeal is brought
F At a public heanng relative to an appeal, any interested party may appear before the
Board in person or by agent or by attorney The burden of proof shall be on the
applicant to estabhsh the necessary facts to warrant favorable action of the Board on
any matter Any action granting a variance authonz~ng the ~ssuance of a building
permit or Certificate of Occupancy shall be vahd only for a penod of ninety (90) days
from such action, unless the building permit or Certificate of Occupancy ~s secured ~n
the n~nety (90) day period, In which event the action shall be permanent The Board
shall have the authority to grant a longer penod If the building permit or Certificate of
Occupancy ~s not secured within the ninety (90) day period, or within any extended
per~od granted by the Board, the action of the Board shall become void w~thout
prejudme to a subsequent appeal, and such appeal shall be subject to the same
regulations and requ~raments for heanng as specified here~n, for the ong~nal appeal
35 18 3 Action of the Board of Adlustment
A In exercising ~ts powers, the Board may, ~n conformity w~th the prews~ons of the
statutes of the state of Texas as ex~st~ng or hereafter amended, reverse or affirm,
wholly or partly, or may modify the order, requirements, dec,sion, or determination
appealed from and make order, requirement, decision or determination ~n the Board's
opinion, as ought to be made and shall have all the powers of the Building Official
]7
The Board shall have the power to ~mpose reasonable conditions to ensure
comphance and protect adjacent property
B The concurnng vote of slx (6) members of the Board shall be necessary to reverse
any order, requlrernent, decision or determination of any adm~mstratlve official, or to
dec~de ~n favor of the apphcant on any matter upon which the Board ~s required to act
under th~s ordinance or to cause any variance ~n sa~d ordinance
C Any person or persons, jointly or severally, aggneved by any decision of the Board, or
any taxpayer or any offmer, Department or Board of the C~ty of Denton may present to
a court of record a pet~bon, duly verified, setting forth that such decision ~s ~llegal, ~n
whole or ~n part, specifying the grounds of the ~llegahty Such petition shall be
presented to the court w~th~n ten (10) days after the decision of the Board ~s f~led ~n the
Board's offme
35 18 4 Notice of HearmR before the Board of Adlustment
A Not~ce of the pubhc heanng shall be g~ven ~n accordance w~th state law
35 18 5 jurisdiction of the Board of Adlustment,
A When ~n ~ts judgment, the pubhc convenience and welfare w~ll be substantially served
and the appropriate use of the ne~ghbonng property w~ll not be substantially ~njured,
the Board may, in specific cases, after public notice and public hearing, and subject to
appropriate conditions and safeguards, act upon certain items, as follows
1 Hear and dec~de an appeal that alleges error ~n an order, requirement, decision,
or determination made by an adm~mstrat~ve official ~n the enforcement of th~s
chapter,
2 Hear and dec~de special exceptions to the terms of the zoning ordinance when
the ordinance requires the Board to do so,
3 Authorize ~n spec~hc cases a variance from the terms of the zoning ordinance ~f
the variance ~s not contrary to the pubhc ~nterest and, due to special conditions,
a hteral enforcement of the ordinance would result ~n unnecessary hardship,
and so that the sprat of the zomng ordinance ~s observed and substantial justice
IS done, and
4 Hear and dec~de other matters authorized by the land development code
B Nonconforming Uses and Structures
1 To ~n~t~ate on ~ts motion or on cause presented by ~nterested property owners'
action to bring about the d~sconbnuance of a nonconforming use or structure,
2 To require the d~scont~nuance of a nonconforming use or structure under any
plan whereby the full value of the use or structure can be amortized w~th~n a
definite period of t~me, taking into consideration the general character of the
neighborhood and the necessity for all property to conform to the regulations for
nonconforming uses and structures
3 To authorize the expansion or enlargement of a nonconforming use, or the
expansion, enlargement or structural alteration to a structure conta~mng a
nonconforming use, when such an expansion, enlargement or alteration would
not tend to prolong the I~fe of the nonconforming use Upon rewew of the facts,
the Board may establish a specific period of t~me for the occupancy to revert to
a conforming use,
4 To authorize the reconstruction and occupancy of a nonconforming structure, or
a structure contalmng a nonconforming use, where such structure has been
damaged by fire or other causes to the extent of more than fifty (50) percent,
but less than the total of the replacement cost of the structure on the date of the
damage Such action by the Board of Adjustment shall have due regard for the
property rights of the person or persons affected, and shall be considered In
regard to the pubhc welfare, character of the area surrounding such structure,
and the conservation, preservabon and protecbon of property,
5 To authorize the enlargement, expansion or repair of a nonconforming structure
~n excess of fifty (50) percent of ~ts current value In such instance, current
value shall be established at the brae of apphcabon for a hearing before the
Board If such expansion or enlargement ~s approved by the Board, all
prows~ons of the d~strict m which such structure ~s located shall apply to the
new construction on the lot or parcel,
6 To authorize a change of use from one nonconforming use to another
nonconforming use, prowded that such change ~s to a use of a more restricted
classification In the event that a nonconforming use ~s changed to a
nonconforming use of a more restricted classification, the building or structure
containing such nonconforming use shall not later be reverted to the former
lower or less restricted classification The Board may establish a specific
period of t~me for the conversion of the occupancy to a conforming use Any
change of a nonconforming use consistent w~th th~s Section shall be ~n
accordance w~th the prows~ons for nonconforming uses and structures, and
7 To authorize the occupancy of an abandoned nonconforming structure Such
acbon by the Board shall have due regard for the property rights of the person
or persons affected, and shall be considered ~n regard to the pubhc welfare and
safety, character of the area surrounding such structure, and the conservation,
preservabon and protection of property
35.18 6Spemal Exceptions and Variances.
A A variance may be granted when the board finds
I That there are special c~rcumstances or conditions apply;ng to the land or
budding for which the variance ~s sought, which c~rcumstances or conditions are
peculiar to such land or budding and do not apply generally to land or buildings
~n the same zone or neighborhood, and that sa~d c~rcumstances or conditions
are such that the strict application of the prows~ons of th~s ordinance would
depr~ve the applicant of the reasonable use of such land or building, and
2 That the granting of such variance will not be detrimental to the public welfare
or injunous to the property or ~mprovements ~n such zone or neighborhood ~n
which the property ~s located, and
3 That the granting of the variance ~s necessary for the reasonable use of the
land or building and that the variance as granted by the board ~s the mlmmum
vanance that w~ll accomplish this purpose, and
4 That the I~teral enforcement and strict appl~cabon of the provisions of th~s
ordinance w~ll result ~n an unnecessary hardship ~ncons~stent w~th the general
prows~ons and ~ntent of th~s ordinance and that ~n granbng such variance the
spent of the ordinance w~ll be preserved and substanbal justice done
5 In granting any variance under the prows~ons of th~s article, the board may
designate such conditions ~n connection therewith which, ~n ~ts opinion, w~ll
secure substantially the purpose and ~ntent of this ordinance
6 The board may permit such variance of the front yard, s~de yard, rear yard, lot
w~dth, lot depth, coverage, m~n~mum setback standards and landscaping where
the I~teral enforcement of these prows~ons would result ~n an unnecessary
hardship, and where such variance ~s necessary to permit a specific parcel of
land which d~ffers from other parcels of land ~n the same d~stnct by being of
such restncted area, shape or slope that ~t cannot be developed ~n a manner
commensurate w~th the development permitted upon other parcels of land In
the same d~str~ct
7 A vanabon from the standards established by th~s ordinance shall not be
granted to relieve a self-created or personal hardship, nor for financial reason
only, nor shall such mod~flcabon be granted to permit any person a pnwlege ~n
developing a parcel of land not permitted by th~s ordinance to other parcels of
land ~n the d~strlct
B A special excepbon may be granted when the board finds that
1 The exception ~s ~n harmony w~th the ordinance,
2 The public welfare and convemence are substantially served,
3 Nelghbonng property ~s not substanbally injured,
4 Exceptions w~ll not alter essenbal character of the d~stnct and immed~ate
location, and
5 The exception w~ll not weaken the general purposes of the regulations
C In ,determ~mng ~ts finding, the board shall take into account the character and use of
ad~o~mng buildings and those ~n the v~clmty, the number of persons residing or working
~n such building or upon such land, traffic cond~bons ~n the v~c~n~ty, and conformance
of such area to the Official Zoning Map and comprehensive plan
20
D In granbng any special exception under the provisions of this ordinance, the board
may designate such condlbons ~n connection therewith which, ~n ~ts op~mon, w~ll
secure substanbally the purpose and ~ntent of th~s ordinance
E The board may, after pubhc hearing and subject to the cond~bons and safeguards
here~n contained, authorize special exceptions to th~s ordinance, hm~ted to the
following
1 The board may allow a change from one nonconforming use to another
nonconforming use when
(a) The change of the use does not prolong the life of the nonconforming
use, and
(b) The change of the use ~s to a more restrictive classification When a
nonconforming use ~s changed to a nonconforming use of a more restncbve
classification, the building or structure containing such nonconforming use shall
not later be reverted to the former lower or less restricted class~flcabon The
board may estabhsh a specific period of t~me for the conversion of the
occupancy to a conforming use
2 A person shall comply w~th all apphcable codes and ordinances when
renovating, remodehng or repa~nng a structure housing a nonconforming use
that has been approved by the board
3 A person shall not expand a nonconforming use beyond the lot on which the
use ~s located except the board may permit the person to provide off-street
parking or loading spaces on another lot
Planning and Zoning Comm,sslon
35 18 8 Organization of the Planning and Zomng Commms,on
A A planmng and zoning commission ~s estabhshed which shall consist of seven (7) real
property taxpayers, who, dunng their respecbve terms of office and for at least one year pnor
to the beginning thereof, shall be residents of the C~ty of Denton They shall be appointed by
the council for a term of two (2) years, prov;ded four (4) members shall be appointed each
odd-numbered year and three (3) members each even-numbered year The c~ty manager,
mayor, and d~rector of commumty development shall serve as ex officio members of the
commission, but shall have no vote
B None of the appointed members shall hold any other pubhc office or pos~bon ~n the c~ty
while serving on the planning and zon;ng commission The planmng and zoning commission
shall elect It s chairman from among ~ts members Seven (7) members shall serve w~thout
pay and shall adopt rules and regulations as they deem best govermng their actions,
proceedings, dehberat~ons, and the t~mes and places of meebngs
C If a vacancy occurs ~n the c~ty planmng and zomng commission the council shall
appoint a commissioner to fill such vacancy for the unexpired term
35 18 9 , Operational Procedures.
A The Commission may adopt rules to govern ~ts proceedings prowded, however, that
such rules are not ;nconsistent w~th th~s ord;nance or state law Meebngs of the
Commission may be held at the call of the cha;rman or at such other bmes as the
Commission may determine and ~n accordance w~th the Open Meetings Law2 The
chairman or, ~n h~s or her absence, the acbng chairman may administer oaths and
compel the attendance of w~tnesses
B The Commission shall keep m~nutes of ~ts proceedings, showing the vote of each
member upon each quesbon or, ~f absent or failing to vote, indicating such fact, and
shall keep a record of ~ts exam~nabon and other official acbons, all of which shall be
~mmed~ately filed ~n the office of the Commission and shall be a pubhc record
35 18 10 i Powers and duties of the Planmnl:l and Zomng Commission
A The planmng and zomng commission shall
(1) Make, amend, extend and add to the Denton Plan 1999-2020 for the
physical development of the c~ty
(2) Formulate and adopt regulabons govermng the platting or subdividing of
land w~th~n the c~ty The provisions of Texas Local Government Code,
Chapter 212, as amended, are adopted and made a part of th~s
subchapter and shall be controlhng on the planmng and zoning
commission
(3) Draft for the council an official map of the c~ty and recommend approval
or d~sapproval of proposed changes In sa~d map, keep such map up-to-
date so as to reflect any changes ~n the boundary or the zomng plan of
the c~ty
(4) Make and recommend plans for the clearance and rebmld~ng of any
slum d~stncts or bhghted areas w~th~n the c~ty
(5) Recommend approval or d~sapproval of proposed changes ~n the zomng
plan and ordinance of th~s c~ty and have all the power, duty and authority
of a zomng commission as prowded ~n the Texas Local Government
Code § 211 007, as amended
(6) Submit annually to the c~ty manager, not less than sixty (60) days pnor to
the beg~nmng of the budget year, a hst of recommended general
obhgatlon capital ~mprovements which ~n the op~mon of the commission
ought to be constructed dunng the forthcoming five (5) year period The
2 Tex Gov't'Code §551 001, et seq (Vernons, 1994) as amended
22
hst shall be arranged ~n order of preference, w~th recommendations as to
which projects should be constructed ~n which year, and the c~ty
manager shall forthwith furmsh a copy of such recommendabons to each
member of the council
(7) Promote pubhc interest ~n and understanding of the Denton Plan, 1999-
2020 and of planning, zomng, clearance of bhghted areas and
development of the c~ty
(8) Meet not less than once each month and keep a pubhc record of ~ts
resolubons, findings and determ~nabons
(9) Hold such pubhc hearings as ~t may deem desirable ~n the public interest
and advise the council upon such matters as the council may request ~ts
adwce
B For the accomphshment of the foregoing purposes, the planmng and zoning
commission is empowered to
(1) Require information which shall be furmshed w~th~n a reasonable bme
from the other departments of the c~ty government ~n relabon to ~ts work
(2) With~n ~ts budget apprepnabon, recommend the employment of city
planners and other consultants for such services as ~t may require
(3) Request additional assistance for special survey work of the c~ty
manager, who may at h~s d~scret~on assign to the planmng and zoning
commission employees of any adm~mstrabve department or d~rect such
department to make special studies requested by the commission
(4) In the performance of ~ts funcbons, enter upon any land and make
exam~nabons and surveys and place and maintain necessary
monuments and marks thereon
(5) Make and recommend plans for the replanmng, improvement and
redevelopment of neighborhoods or of any area or d~stnct which may be
destroyed ~n whole or ~n part or seriously damaged by fire, earthquake,
flood or d~saster
Historic Preservat,on Comm,sslon
35.18 11, Historic Commission
A There ~s hereby created a commission to be known as the h~stonc landmark
commission of the c~ty, hereinafter called the "landmark commission," composed of
n~ne (9) members appointed by the c~ty council The landmark commission shall
include at least one (1) representative from each of the following organizations or
professions
1 County historical commission,
2 The county bar association,
3 A certified pubhc accountant,
5 An owner of real property in the c~ty
B The other members of the landmark commission shall be appointed from such other
~nd~wduals and orgamzatlons as the c~ty council may in ~ts d~scretlon w~sh to consult or
consider, provide that no one (1) business or professional ~nterest shall constitute a
majority membership of the commission
C In addition to the nine (9) members appointed by the city council, the following
persons or their designees shall s~t on the landmark commission as ex
members
1 The d~rector of planning of the c~ty,
2 The building official of the city,
3 The chairman of the county h~stoncal commission
D None of the ex ofhc~o members shall have voting power, but shall assist the landmark
commission ~n its various functions
E The fact that one (1) or more representatives from five (5) f~elds of expertise may not
at any g~ven point be a member of the landmark commission, for whatever reason,
shall not affect the vahd~ty of any dec,sion or act of the commission
35.18 12 Terms~ vacanc,es.
Members of the historic landmark commission shall be appointed for two-year staggered
terms Vacancies m an unexpired term shall be f~lled by the c~ty council for the remainder of
the term
35.18 13 Meet,n;Is, quorum~ rules
The h~stonc landmark commission shall meet as often as necessary to d~spose of the
bus~ness of the commission or upon call by the commission chairman or upon pebt~on of a
s~mple majority of commission members Five (5) members present shall constitute a
quorum for the transacbon of business, and all issues shall be dec~ded by a majority of those
members present and voting, except that ~n those ~nstances where only a quorum of bye (5)
~s present at a meeting, all ~ssues shall be dec~ded by at least four (4) affirmative votes The
commission shall adopt appropriate rules and regulations for the conduct of ~ts bus~ness and
the elecbon of ~ts chairman and other officers The m~nutes of each meeting shall be f~led ~n
the off~ce of the c~ty secretary
24
35.18 141 Duties.
A The h~stonc landmark commission shall thoroughly familiarize ~tself w;th bu~ld;ngs,
structure~, s~tes, d~stncts, areas and lands w~th~n the c~ty which may be eligible for
des~gnabon as h~stor~c landmarks and shall prepare an h~stor~c landmark preservabon plan,
hereinafter referred to as the "preservation plan," which shall
(1) Establish cntena to be used in determ~mng whether certain buildings,
structures, sites, d~stncts, areas, lands and other objects should be designated
as h~storlc landmarks,
(2) Establish guidelines to be used ~n determ~nabon of whether to grant or deny
certificates of appropriateness and certificates of demol~bon or removal,
(3) Formulate a program for private and publ;c acbon which w~ll state the role of
various city agencies ;n preservation of h~stonc landmarks,
(4) Suggest sources of funds for preservabon and restorabon acbwbes and
acquisitions, to ~nclude federal sources, state sources, private and foundation
sources, as well as mumc~pal sources,
(5) Recommend to the proper agencies ~ncenbves designed to encourage historic
praservatlon
B The preservabon plan shall be presented to the c~ty planmng and zomng commission
for cons~derabon and recommendation to the c~ty counc;I for ~nclus~on ~n the
comprehensive plan of the city
C The landmark commission shall recommend to the c~ty planmng and zoning
commission ordinances designating certain bu~ld~ngs, structures, s~tes, d~str;cts, areas
and lands In the c~ty as h~stonc landmarks The landmark commission shall hold a
public hearing on all proposed ordinances and the owner of any land ~ncluded in the
proposed ordinance shall be g~ven at least ten (10) days' written not~ce of the public
heanng
D If the landmark commission finds that buildings, structures, s~tes, d~stncts, lands or
areas cannot be preserved w~thout acqu~s~bon, the landmark comm~ss;on may
recommend to the c~ty council that the fee or a lesser ~nterest of the property ;n
question be acquired by g~ft, dewce, purchase, eminent domain or otherwise, pursuant
to the Charter and state and federal law
E Where there are cond~bons under which the requ;red preservabon of an h;stonc
lar~dmark would cause undue hardship on the owner, use d~str~ct changes may be
recommended by the landmark commission
F Th~ des;gnat,on of an h~stonc landmark may be amended or removed using the same
procedure prowded ~n th~s arbcle for the ong~nal designation
G The landmark commission shall prowde ~nformabon and counsehng to owners of
designated hlstonc landmarks
H Any person making apphcat~on to have any building, structure, s~te, district, area or
land designated as an h~stonc landmark pursuant to the prows~ons of th~s artmle shall
pay to the department of planmng and commumty development a flhng fee m an
amount determined and as from brae to brae amended by ordinance by the c~ty
council, a copy of which ordinance ~s on file w~th the department
35 18 4 Notice of Hearing before the Planning and Zomng Comm,ss~on
A Notice of the pubhc heanng shall be g~ven ~n accordance w~th state law
Attachment 4
Subchapter 35.19
NONCONFORMING USES AND STRUCTURES
35 19 1 Purr)ese
No nonconforming use of land or braidings, nor any nonconforming structures shall be
enlarged, changed, altered or repaired, except ~n accordance w~th the prov~s~ons of th~s
Chapter
35 19 2 Types of Nonconformity
A Any use of land or braidings which was ~n existence and lawfully operabng on the
effective date of th~s subchapter and has s~nce been ~n regular and continuous use,
but which does not conform to the use regulabons prescnbed ~n th~s Chapter shall be
deemed a nonconforming use
B Any braiding or structure which was ~n existence and lawfully constructed and located
on the effective date of this Chapter and has s~nce been ~n regular and continuous
use, but which does not conform to the lot area, lot d~menslons, front yard, s~de yard,
rear yard, coverage, height, floor area rat~o, parking, Ioad~ng, braiding spacing,
screemng, landscaping, extenor brick or stone content or other regulations as
prescnbed ~n this Chapter shall be deemed a nonconforming braiding or structure,
except as specifically exempted by other secbons of th;s Subchapter
C Any beg~nnln~ use of land ~n the area ~n the manner that was planned for the land
before the 90'" day before the effective date of the annexation ;f
1 one or more hcenses, cerbflcates, permits, approvals, or other forms of
authorization by a governmental entity were reqmred by law for the planned use,
and
2 a completed apphcabon for the ~mt~al authonzabon was filed w~th the governmental
enbty before the date the annexation proceedings were ~nst~tuted 3
35 19 3 Nonconformlnfl Status
A A nonconforming status under the prowslons of this subchapter shall ex~st when
1 A use or structure, which does not conform to the regulations prescnbed for the
d~stnct ~n which such use or structure ~s located, was ~n existence and lawfully
constructed, located or operabng on the effecbve date of th~s Chapter and has
since been in regular and continuous use, or
2 A use or structure, which does not conform to the regulabons prescribed ~n the
d~stnct ~n which such use or structure ~s located, was ~n existence at the time of
annexation ~nto the C~ty of Denton or 90 days prior to the annexabon, a
completed apphcabon for a hcense, certificate, permit, approval or other form of
3 Tex Loc Gov't Code {}43 002(a)(2) (Vernon, 1999)
27
authorization was f~led with the governmental entity and has s~nce been ~n
regular and continuous use
35 19,4 Nonconforming Uses
A Comphance for Nonconforming Uses
1 It ~s the declared purpose of th~s Subchapter that nonconforming uses be
required to conform to these regulations having due regard for the ~nvestment
in such nonconforming uses
2 A nonconforming use may be continued subsequent to the effective date of th~s
Chapter prowded that such continuance ~s ~n accordance with the prows~ons of
this Chapter and all other applicable codes of the C~ty of Denton necessary to
ensure adequate protection and safety of adjacent property and the users and
occupants of such nonconforming use However, the nght to operate a
nonconforming use shall cease and such use shall conform to the prows~ons of
th~s Chapter under any of the following c~mumstances
a Whenever a nonconforming use ~s d~scontlnued for slx months or more
ail nonconforming nghts shall cease, and the use of the premises shall
be in conformance w~th th~s Chapter The term "d~scontlnue" shall mean
that the property or structure ~s vacant and no attempt to market the
property ~s observable on the property or from the extenor of any
structure, or that the property or structure ~s vacant and c~ty taxes owed
on the property are dehnquent The Board of Adjustment may grant a
special exception to th~s prowslon only ~f the owner can show there was
a clear ~ntent not to abandon the use even though the use was
discontinued for SlX months
b The wolatlon of any of the prows~ons of one or more of the following
categories of ordinances or reequ~rements shall cause the ~mmed~ate
termination of the nght to operate such nonconforming use
Constructing, ma~nta~mng or operating a use conducted ~n, or
associated w~th, a building or structure erected w~thout a permit
from the C~ty of Denton,
Operating a use or occupying a bu,ld~ng or structure w~thout a
vahd cerbflcate of occupancy from the C~ty of Denton,
Operating a use ~n wolat~on of a vahd certificate of occupancy,
Unlawful expansion of a nonconforming use or nonconforming
structure,
v Unlawful outside display or storage ~n required parking spaces,
V~olat~on of any of the following prows~ons of the ordinances of
the C~ty of Denton
aa Chapter 30 "Flood Procedure & Prevention" of the Denton
C~ty Code,
bb Chapter 26 Art V, "D~rect and Indirect D~scharge Into the
Samtary Wastewater System" of the Denton City Code,
cc Chapter 26 "Pollution Control" of the Denton C~ty Code,
dd Chapter 33 "Signs and Advertising Dewces" Section
"S~gn Permit Required" of the Denton C~ty Code,
ee Chapter 20 "Nuisances" Section 20-41 Abandoned
Property & Vehicles "Junked vehicles declared pubhc
nuisance, maintaining pubhc nuisance prohibited" of the
Denton C~ty Code,
ff Chapter 29 "F~re Code" of the Denton C~ty Code, or
gg The Denton Development Code
v~ It ~s the clear ~ntent of th~s subsection that nonconforming uses
that operate unlawfully shall be considered dlegal uses Illegal
uses shall not be considered nonconforming regardless of
remedial measures taken to resurrect nonconforming status
For purposes of th~s subsection, the term "wolat~on" shall mean a
final finding by a court of record that an ordinance has been
wolated
3 Whenever a nonconforming use ~s changed to a conforming use by a change ~n
zomng so as to achieve comphance w~th the prows~ons of a new or d~fferent
zomng d~stnct, or
4 Whenever a nonconforming use ~s changed to a conforming use, or
5 Whenever the structure containing a nonconforming use ~s totally destroyed,
the structure can be rebudt, and a use estabhshed, only ~n accordance w~th the
current zomng regulabons which have been apphed to the land, or
6 Whenever the structure ~n which a nonconforming use ~s housed, operated or
maintained ~s damaged by fire or other causes to the extent of more than fifty
(50) pement, but less than the total, of the replacement cost of the structure on
the date of the damage, the right to operate such nonconforming use shall
cease, except upon action of the Board of Adjustment to permit reconstruction
of such structure and continuance of the nonconforming use Such action by
the Board of Adjustment shall have due regard for the property rights of the
person or persons affected, and shall be considered ~n regard to the pubhc
welfare, character of the area surrounding such structure, and the conservation,
preservation and protection of property
7 In the event that a structure ~n which a nonconforming use ~s housed, operated
or maintained ~s partially destroyed, that ~s where damage does not exceed fifty
(50) percent of the value of the structure on the date of the damage, the
nonconforming use may be allowed to continue, and the structure may be
rebuilt upon approval of a building permit by the Budding Official
8 The nght to maintain or operate a nonconforming use may be terminated by the
Board of Adjustment ~n accordance w~th the prows~ons of th~s Subchapter Any
appeal to the termination of nonconforming rights under th~s subchapter shall
be made to d~stnct court w~th~n ten calendar days of receipt of written not~ce of
such termination by the Building Official
35 19 5 ChanRinR NonconforminR Uses
A Any nonconforming use may be changed to a conforming use, and once such
change ~s made, the use shall not thereafter be changed back to a
nonconforming use
B A change of use from one nonconforming use to another nonconforming use
may be made only upon approval of the Board of Adjustment, provided that
such change ~s to a use of a more restricted classification In the event that a
nonconforming use ~s changed to a nonconforming use of a more restncted
class~flcat;on, the bu~ld;ng or structure containing such nonconforming use shall
not later be reverted to the former lower or less restricted classification
C A nonconforming use may be expanded or enlarged only upon approval of the
Board of Adjustment
D No structural alterations, which ~nclude expansion or enlargement, are
permitted on a structure conta~mng a nonconforming use, except upon approval
by the Board of Adjustment ~n accordance w~th of th~s Chapter, unless such
alternations are specifically authonzed by th~s Subchapter
E A structure or building w~th~n a nonconforming use ~s located shall be
maintained ~n a standard code condition, or modified as required by law, to
ensure the safety and welfare of the occupants Such structure or braiding can
be remodeled w~thout approval of the Board of Adjustment provided that no
structural alterabons are made
F The lawful change of tenant or ownership of a nonconforming use or structure
shall not cause the loss of nonconforming nghts
35 19.6 Limitations on Chan.qin,;I Nonconform,nl:! Uses
A Conslderabons by the Board of Adjustment for changing a nonconforming use
shall be conbngent upon the following
1 No nonconforming use shall be changed to another nonconform;ng use
which requ~ras more off-street parking spaces or off-street Ioad;ng space
than the ong~nal nonconforming use, unless additional off-street parking
and loading space ~s prowded so as to comply w;th the requirements of
Subchapter 35 13, Parking Standards
2 No nonconforming use may be expanded or increased beyond the lot or
tract upon which such nonconforming use ~s located as of the effecbve
date of this Chapter, except to prowde off-street loading or off-street
parking space for such use
30
3 All nonconforming uses being expanded under the prows~ons of th~s
Subchapter shall comply w~th all other apphcable provisions of th~s
Chapter and the apphcable codes of the City of Denton
35 19 7 , Nonconforming Structures,
A Comphance for Nonconforming Structures
1 The declared purpose of th~s Subchapter ~s that nonconforming
structures be required to conform to these regulations hawng due regard
for the investment m such nonconforming structures However, any
s~ngle-famdy or duplex structure lawfully ex~st~ng on the effective date of
this Chapter shall be deemed a lawful structure
2 The use of a nonconforming structure may be continued subsequent to
the effective date of th~s Chapter, provided that such continuance ~s ~n
accordance w~th the prows~ons of th~s Chapter and all other apphcable
codes of the C~ty of Denton necessary to ensure adequate protection
and safety of adjacent property and the users and occupants of such
nonconforming structure However, the right to continue a
nonconforming structure shall cease and such use contained there~n
shall conform to the provmlons of this Chapter under any of the following
c~rcumstances
a Whenever the use of a nonconforming structure ~s discontinued
for s~x months or more all nonconforming rights shall cease, and
the structure shall henceforth be ~n conformance w~th th~s
Chapter The term "d~scont~nue" shall mean that the property or
structure ~s vacant and no attempt to market the property ~s
observable on the property or from the exterior of any structure, or
that the property or structure ~s vacant and c~ty taxes owned on
the property are dehnquent The Board of Adjustment may grant
a special exception to th~s prows~on only ~f the owner can show
there was a clear ~ntent not to abandon the structure even though
~t was vacant and the use contained there~n was d~scont~nued for
s~x months or more
An abandoned nonconforming structure may be occupied, only
upon approval of the Board of Adjustment ~n accordance w~th the
provisions of th~s Chapter
b Whenever a nonconforming structure ~s changed to a conforming
structure by a change ~n zomng so as to achieve compliance with
the provisions of a new or different zoning d~stnct, or
c Whenever a nonconforming structure ~s changed to a conforming
structure, or
d Whenever a nonconforming structure is totally destroyed, the
structure can be rebudt, in a use estabhshed, only in accordance
31
w~th the current zomng regulations which have been apphed to
the land, or
e Whenever a nonconforming structure ~s damaged by f~re or other
causes to the extent of more than f~fty (50) percent, but less than
the total, of the replacement cost of the structure on the date of
the damage, the right to rebuild and occupy such nonconforming
structure shall cease, except upon action of the Board of
Adjustment to permit reconstruction and occupancy of such
structure Such action by the Board of Adjustment shall have due
regard for the property rights of the person or persons affected,
and shall be considered ~n regard to the pubhc welfare, character
of the area surrounding such structure, and the conservation,
preservation and protection of property
f In the event that a nonconforming structure ~s part~ally destroyed,
that ~s where damage does not exceed f~fty (50) percent of the
value of the structure on the date of the damage, the structure
may be rebuilt upon approval of a building permit by the Building
Official The structure must be restored or reconstructured so as
to have the same approximate height and floor area that ~t had
immediately prior to the damage or destruction The property
owner has the burden of proof to estabhsh the height and floor
area of the structure ~mrned,ately prior to the damage or
destruction A restoration or reconstruction ~n wolat~on of th~s
paragraph ~mmed~ately terminates the right to operate the
nonconforming use
g The right to maintain or operate a nonconforming structure may
be terminated by the Board of Adjustment ~n accordance w~th the
prows~ons of th~s Subchapter
3 Nothing contained here~n shall be construed to prohibit the strengthening
or repair of any part of any nonconforming structure declared unsafe by
the Building Offm~al, unless such repairs exceed f~fty (50) percent of the
replacement cost of the structure In such case the nght to operate,
occupy or maintain such structure may be terminated by action of the
Board of Adjustment, and such structure shall be demohshed
35 19 8 Changln¢~ Nonconforming Structures
A' A nonconforming structure may be expanded or enlarged up to fifty (50)
percent of ~ts value, as such value ~s estabhshed at the t~me of apphcat~on for a
building permit However, all expansion or enlargement of such structure shall
be ~n cornphance w~th all apphcable regulabons of the zoning d~stnct ~n which
such structure ~s located
B A nonconforming structure may be expanded or enlarged ~n excess of f~fty (50)
percent of ~ts current value only upon approval of the Board of Adjustment In
such ~nstance, current value shall be estabhshed at the t~me of apphcat~on for a
hearing before the Board of Adjustment
If such expansion or enlargement ~s approved by action of the Board of
AdJustment, all provisions of the d~stnct ~n which such structure is located shall
apply to the entire lot or parcel upon which such structure is located, and shall
be applicable to the ex,sting structure(s) as well as any new construction on the
lot or parcel
C The lawful change to tenant or ownership of a nonconforming use of structure
shall not cause the loss of nonconforming rights
35 19 9 Amortization of Nonconformlnl:l Uses and Structures
A The Board may reequ~re the d~scontlnuance of nonconforming uses of land or
structure under any plan whereby the full value of the structure and facilities
can be amortized w~th~n a deflnRe period of t~me, taking ~nto consideration the
general character of the neighborhood and the necesmty for all property to
conform to the regulations of th~s chapter All actions to d~scont~nue a
nonconforming use of land and structure shall be taken w~th due regard for the
property rights of the persons affected when conmdered ~n the I~ght of the public
welfare and the character of the are surrounding the demgnated nonconforming
use and the conservation and preservabon of property The Board shall, from
bme to t~me, on ~ts own motion or upon cause presented by the C~ty or an
aggneved person, mqu~re ~nto the existence, conbnuabon or maintenance of
any nonconforming use w~th~n the City
B Criteria for determ~mng amorbzat~on per~od Before the board may determine
an amort~zabon period, ~t must conmder the following factors
1 The owner's capital investment ~n the structures on the property at the bme
the use became nonconforming
2 The amount of the investment realized to date and the amount remmmng, ~f
any, to be recovered dunng the amortization period
3 The I~fe expectancy of the ~nvestment
4 The existence or nonexistence of lease obl~gabons, as well as any
contingency clauses therein permitting term~nabon of such leases
5 Removal costs that are d~rectly attnbutable to the establishment of a
term~nabon date
6 Other costs and expenses that are d~rectly attnbutable to the establishment
of a termination date
C D~scont~nuabon of nonconforming uses
1 If the Board estabhshes a termination date for a nonconforming use, the use
must cease operations on that date and the owner may not operate ~t after
that date unless ~t becomes a conforming use
2 The right to operate a nonconforming use terminates ~f the nonconforming
use ~s d~sconbnued or remmns vacant for mx (6) months or more The
board may grant an exception to this provis~on only if the owner can state an
extreme c~rcumstance that demonstrates that there was not an ~ntent to
abandon the sue event though the use was d~scont~nued for mx (6) months
or more
3 A nonconforming use terminates when the structure housing the use ~s
destroyed by the ~ntent~onal act of the owner or h~s agent
(Ord No 94-078, § I, 5-3-94)
33
35 19 10 Miscellaneous Requirements.
A Construction approved prior to th~s Chapter Nothing contained herein shall
require any change ~n the plans, construcbon, or designated use of a building
legally under construction, or for which a permit for construction has been
~ssued, at the time of passage of th~s Chapter or amendments Legally under
construcbon shall mean that, at a mlmmum, the foundabon of such building is
lawfully under construcbon at the bme of passage of th~s Chapter or
amendments
B Noncompliance due to outside acbon Where a lot, tract, or parcel is occupied
by a lawful structure, and where the acquls~bon of right-of-way, by eminent
domain, ded~cabon or purchase, by a c~ty, county, state, or federal agency
creates noncompliance of the structure regarding any requirement of this
Chapter, such structure shall be deemed a lawful structure Such designation
shall apply only to noncompliance that results d~rectly from the acqu~s~t;on of
right-of-way In the event that such structure ~s part~ally or totally destroyed by
fire or other causes, the structure may be rebu;It upon approval of a building
permit by the Building Official
34
Attachment 5
WATER UTILITIES Street Denton, TX 76209 (9401 349-8452 Fax (140) 349-7334
October 5, 2000
To, Doug Powell
D~rector of Planning and Commumty Development
From T~m F~sher
Assistant D~rector of Water Ubht~es
Subject Water and Wastewater Utd~bes Subd~ws~on Code Rewnte
The following hst of changes were made to the water and wastewater ~bht~es section
of Chapter 34 of the Subdivision Code as staff recommendat~ons~ for the draft
Development Code
>, The outhne and orgamzatlon of the subd~ws~on code was modified to ~mprove
commumcatlon and to address new secbons (hke ~mpact fees)
> Some of the more detailed design cntena that were originally c0nta~ned ~n the
subd~ws~on code were removed and referral to the Water an~l Wastewater
Design Cnterla Manual and Water D~stnbubon and WastewSter Collecbon
System Master Plans was incorporated into the new Development Code
> Old adm~mstratlve approval procedures that were no longer adhered to and
considered unnecessary were streamhned For example, the old code reqmred
PUB approval for all water and sewer hne extensions greater than 600 feet
> Pro rata fees to be collected for tapping water and sewer hnes extended by the
C~ty of Denton were ehmmated and were replaced w~th refereqces to current
ordinances that reqmre ~mpact fees to be pa~d pnor to connecbor~ to mains
~> Easement dedication cntena were clanfled and restncbons for encroachments
and fencing w~th~n easements were strengthened
>, The language descnb~ng ut~hty extensions across the full frontag~ of a lot were
clarified for lots that front more than one street 0 e corner lots) ~
> F~re hydrant spacing and fire flow cntena was changed to be more compatible
w~th the prows~ons of the Umform F~re Code and the design criteria used by the
F~re Department dunng the building permit process
Criteria were added to descnbe the functional purpose of ~solat~on valves for
water mains and to define developer respons~b~ht~es for pressure maintenance
faclht~es ~nclud~ng pressure regulation valves and/or booster pumicing fac~ht~es
Information was added to descnbe the acceptance and placement cntena to be
used for accepting new wastewater lift stations that may be needled to serve a
development
Information was added to describe the evaluation criteria and approval process
for alternative water and sewer systems
The minimum d~stance cntena between a platted lot and the nearest sewer
main for approwng an on-s~te septic or aerobic treatment system was ~ncreased
from 200 ft to 500 ft
Information was added to define eng~neenng plan requirements for final plat
approval, construction and final acceptance by the City of Denton
Water & Wastewater Standards
Code Reference- Chapter 34 Subd,vmslon and Land Development Sec 34-116 Water Ubht~es Standards
Sec 34-117 Sewer Ubhty Standards
Sec 34-118 Extensions of Water and SewerlMa[ns
Sec 34-119 Alternative Water and Sewer FaC~ht~es
Sec 34-120 Utlhty Easement Reqmrements
Code Reference - Chapter 26 Ut, lit,es - Article VI Impact Fees
Sec 26-210 through 26- 231
Chapter 20 - Water and Wastewater Utility Standards
20 1 - Basic Policy
20 2 - Extens,ons of Water and Sewer Ma,ns
20 3 - Bae,c Design Standards
Reference to Design Standards Manual
Water Lines
F,rs Hydrants
Valves and Fittings
Booster Pump Stations and Pressure Regulating Valves
Sewer Lines
L,ft Stations
20 4 - Easement Requ,rsments
20 5 - Water Capacity Requ,rsments
20 6 - Sewer Capacity Requirements
20 7 - Impact Fees
20 8 - Tapping Fees
Basic Pohcy
Fee Schedule
Admimstrative Procedure
20 9 - Oversize Part,cipation by the C,ty
Basic Policy
Admin,strative Procedure
20 10 - Pro-Rata Agreements
Basic Policy
Admlnlstrat,ve Procedure
20 11 - Alternatmve Water and Sewer Fac,ht,es
Basic Pohcy
Approval Process
Individual Water Wells
Private Water Systems
Individual On-S,te Sewage D~sposal Systems
Sept,c Systems
Aerobic Treatment Systems
Wastewater Treatment Systems
20 12 - Plans and Spec,fications
Basic Requirements
Construct,on Plans
37
As Budt Drawings
20 1 - Basic Policy
Water systems shall be prowded w~th a sufficient number of outlets and shall be of sufficient
s~ze to furmsh adequate domestm water supply and to furmsh fire protecbon toI al lots and to
conform to the c~ty master water plan, the comprehensive ubhty ordinance and the standard
specifications of the city All water utd~ty standards are applicable ~n the c~tylhmlts and the
extraterntOnal junsd~cbon
Sanitary sewer facdlt~es shall be provided to service the subdw~s~on adequately and conform
to the city master sewer plan, standard specifications and the comprehensive utd~ty
ordinance of the c~ty All sewer utd~ty standards are apphcable ~n the c~ty hm~ts and the
extraterritorial junsd~cbon
20 2 - Extensions of Water and Sewer MaIns
(a) Extensions for new subd~ws~ons and other developments Extensions reqmred to
serve new subd~ws~ons and other developments shall be as follows
(1) Reqmred extensions All developments shall be required to extend across the
full w~dth of the development lot (defined by plat or lot of record) in such an
alignment that ~t can be extended to the next property m accordance w~th the
master sewer and water plans for the c~ty Properbes already served by water
and sewer shall not be reqmred to ~nstall additional facd~t~es unless
a The current lines are not of adequate capacity to serve the proposed
development, ~n which case the developer wdl be required to ~nStall adequate
facd~fles
b The current hnes are not of adequate capacity to serve the zomng of a property
that has been rezoned to a more intense use s~nce the bme of the ong~nal utd~ty
installabon
c The ~nstallat~on of water and sewer hnes ~s necessary for p~'owd~ng ubhty
service to adlacent propert;es Corner lots and/or lots fronting state and federal
h~ghway nght of ways are parbcular examples of when th~s requirement would
apply
(2) Extensions to ex~st~ng dwelhngs The d~rector of water ubht~es m~y approve an
extension of water and sewer mains to an exisbng dwelhng ~f the extension ~s
less than s~x hundred (600) feet, provided funds are available anld as allocated
~n the capital ~mprovement plan
(b) Cost pohcles for extensions to new subdlwslons and other new develq)pments Cost
pohc~es for extensions to new subdw~s~ons and other developments shall be as
follows
38
i
(1) Development mains and faclhtles Developers, ~nclud~ng ~ndlwduals,
subd~wders, and owners of mult~fam~ly dwelhngs, shall pay the actual cost of all
water and sewer ma~n extensions, hft stations or other necessary fac~ht~es
required to serve their development, ~n accordance with the clty'~ master utlhty
plan and the prowslons of th~s Code A developer may appeal a determination
of the reequ~md fac~hties to the planmng and zomng commlss~on after a
recommendation ~s made by the pubhc utlht~es board
(2) Oversized mains The c~ty may partmlpate ~n the cost of oversized water and sewer
mains, subject to fund ava~lab~hty and approval by the c~ty councilI "Oversized
mains" are defined as water mains over e~ght (8) ~nches and sewer mains over
ten (10) ~nches which are required by the c~ty for future system expansion and
are not reequ~red by the proposed development
(3) Pre rata reimbursement due developer Where offs~te water Or sewer ma~n
extensions, hft stations, force mains or other necessary water or {ewer fac~ht~es
are ~nstalled by a developer, the developer shall be entitled to re~rhbursement of
the cost of such fac~ht~es from pm rata charges pa~d by personsI connecting to
or making use of such fac~ht~es to serve their property ~n accordance w~th the
provisions of th~s secbon In no case, however, shall a developer receive
reimbursement ~n excess of the cost of the fac~ht~es
(c) Special extensions to ind~wdual smgle-fam~ly residences Where an extension of a
water or samtary sewer ma~n ~s made by the c~ty ~n order to serve a s~ngle-fam~ly
residence, the owner may contract w~th the c~ty to pay a proportionate share of such a
ma~n as follows
(1) Extension to lots w~th less than one hundred (100) feet fronbng or abutbng the
main shall be as follows
a Ma~n ~n c~ty street or easement (s~de or front of lot) shalllpay s~xty (60)
percent of the average current cost per foot, or
b Ma~n extended through adjo~mng lot shall pay one hundred (100) percent
of the average current cost per foot
(2) Extension to lots with more than one hundred (100) feet fronting ~)r abutting the
main
a Ma~n ~n c~ty street, easement or county road shall pay average current
cost per foot as follows
1 S~xty (60) percent of the f~rst one hundred (100) feet,
2 Ten (10) percent of the next two hundred (200) feet,
3 Zero percent over three hundred (300) feet
b Ma~n extended through adjo~mng lot shall pay average current cost per
foot as follows
I One hundred (100) percent of the first one hundred '(100) feet,
2 Ten (10) percent of the next two hundred (200) feet,
3 Zero percent over three hundred (300) feet
(3) No owner for which a connecbon ~s made pursuant to th~s subsection shall be
entitled to reimbursement for any future connections, and all fUture taps and
connections made by the owner shall be paid for as prowded ~n subsection (e)
of th~s section unless the extension agreement shall state otherwise
(4) Owners of tracts w~th over one hundred (100) feet of frontage, aS descnbed in
subsection (f)(2) of th~s section who may at a later date subdlwde their tract
shall be reqmred to pay pro rata for the subd~wded frontage equal to s~xty (60)
percent of the average current cost per foot, cost to be determined as of the
date of the tap request
20 3 - Basic Design Standards
All water supply, d~stnbubon, wastewater collection, and treatment systems shall be design to
comply with current standards prescribed by all state and federal laws and be ~n accordance
w~th all apphcable local ordinances
20 3 1 Reference to Design Standards Manual
The design of all water and wastewater facd~t~es necessary to serve proposed idevelopments
shall comply w~th the C~ty of Denton's Water and Samtary Sewer Design Cntena Manual
20 3 2 Water Lines
Water p~pe shall be a m~mmum of s~x-~nch nominal ~nternal d~ameter construction
Locabon of water utlhtles shall generally be ~n c~ty right-of-ways In unusual circumstances,
Iocabon may be ~n a ut~hty easement ~f approved by the water ut~ht~es department
20 3 3 Fire Hydrants
F~re hydrants shall be a maximum of s~x hundred (600) feet apart ~n residential areas and
maximum of three hundred (300) feet apart in commercial/industrial areas These are
general standards to be used for platbng purposes For known end uses at the bme of
platbng, Appendix III-B of the Uniform F~re Code shall be used F~re h~drant spacing
reqmrements for all building permits Issued on any platted lot shall comply w~th Appendix III-
B of the Umform F~re Code
20 3 4 Valves and F~ttlngs
4O
All valves, fltbngs and appurtenances shall be designed and constructed to ~he standards
estabhshed by the water ut~ht~es department as prescnbed by the C~ty of Dentcln's Water and
Sanitary Sewer Design Cntena Manual
Valves and fittings shall be provided to allow for the proper operation and maintenance of the
water d~slnbut~on system and to ~nsure water quality can be maintained to e~ach ~nd~vldual
water customer connected to the system ,
The Iocai~on of valves needs to properly consider the ab~hty of the ut~htyI to remove a
waterhnelfrom service to perform necessary repairs wh~le m~n~m~z~ng the tnterrupbon of
service to the least number of customers Th~s ~solabon of any g~ven sect~c~n of waterhne
should generally be able to be accomphshed by the closure of the least number of valves as
would generally be expected by good engineering design practices and ~tlhty industry
standards The water utlhty department reserves the right to modify design proposals to
satisfy these objecbves
20 3 5 Booster Pump Stations and Pressure Regulating Valves
Occasionally, the proper design of the water d~stnbut~on system may require the ~nstallabon
of booster pump stabons and/or pressure regulating valves to ~nsure propeqwater system
pressures are provided to the development The C~ty of Denton reserves the ~'~ght to reqmre
the developer to design and ~nstall these appurtenances as essenbal components of the
water system necessary to serve the development Any cost shanng for these improvements
by the c~ty w~ll be handled by separate contract w~th the developer on a case~by-case bas~s
and will factor in the following
1) The location of the proposed development in relabonsh~p to the existing ~water
distribution system
2) The s~ze of the development and the economic hardship that would be ~posed upon
the development by applying this requirement
3) Comphance with the city's Water D~stnbubon System Master Plan
4) The relative benefits to the development compared to the benefits to the ex~st~ng or
future ut~hty customers
5) Ava~lab~hty of funding w~thln the water department's capital improvement program
6) The ident~flcat~on of capital ~mprovement projects w~th~n the water ubhty department s
adopted five year Capital Improvements Program that would be designed to address
th~s system wide need
All contracts between the c~ty and the developer for c~ty cost participation for these
~mprovements must be approved by the Denton City Council after recommen~abon from the
Public Utlht~es Board
20 3 6 Sewer Lines
4!
All sanitary sewer ma~n lines shall be a m~n~mum of e~ght (8) ~nches, except under certain
conditions such as short lines, steep grades, etc, then a s~x-~nch hne can be al~proved by the
development rewew committee
The location of all sewer mains shall be ~n c~ty rights-of-way unless special ¢~rcumstances
ex~st, such as topography, which can be approved by the d~rector of water ubhtles for location
~n appropriate easements
M~n~mum ,grades shall be maintained m laying sewer lines to prowde a m~mmum velocity of
two (2) feet per second ~n accordance w~th the design criteria outlined ~n the C~ty of Denton's
Water and Wastewater design criteria manual
All samtary sewer mares shall be designed and installed in straight alignments both
horizontally and vertically unless trans~t~oned through a manhole unless special
c~rcumstances warrant an exception from th~s requirement The water utd~ty department
reserves the right to not grant an exemption from th~s requirement ~f ~t determines that
compliance with the criteria ~s feasible and appropriate
The maximum distance between manholes shall not exceed five hundred (500) feet unless
otherwise approved by the water utd~ty department
20 3 7 Lift Stations
On occasion, the Iocabon of the property, the topography of the surrounding area and the
Iocat;on and elevation of the nearest samtary sewer ma~n requires the installation of a I~ft
station and fome ma~n to prowde wastewater service for a proposed development The C~ty
of Denton reserves the nght to require the developer to design and ~nstall these facd~t~es as
essential components of the wastewater collecbon system necessary to serve the
development Any cost shanng for these improvements by the c~ty wdl be handled by
separate contract w~th the developer on a case-by-case bas~s and be ~n accordance w~th the
prows~ons contained w~th~n Secbon 20 9 - Oversize Participation by the C~ty
All contracts between the city and the developer for c~ty cost participation for these
~mprovements must be approved by the Denton C~ty Councd after recommendation from the
Public Utdit~es Board
The water utd~t~es department reserves the right to require the developer to locate any
proposedl I~ft station ~n a manner that would fac~htate the operation, maintenance and ulbmate
abandonment of the facdity ~n the future by grawty extension of samtary sewer mains on a
watershed basin bas~s ~n accordance w~th the C~ty's Wastewater Collecbon System Master
Plan The water utd~t~es department also reserves the right to require the developer to ~nstall
an alternat;ve gravity samtary sewer I~ne extension to m~mm~ze the number of additional I~ft
stations that must be operated and maintained by the c~ty as a result of the development
The developer has the right of appeal to th~s requirement The Planmng and Zomng
Commission shall consider this appeal after recewmg a recommendabon from the Pubhc
Utdlt~es Board
20 4 - Easement Requirements
42
All ubhtles ~n a development shall be provided in street rights-of-way except for special
c~rcumstances approved by the development rewew committee In such cases, the following
standards shall prevail
(1)^11 ut~hty easements shall be a minimum of s~xteen (16) feet unless special
circumstances warrant additional or reduced easements which can be approved by
the development rewew committee The general cntena to define m~n~mum easement
w~dths are hsted below
Indiv~dual water or sewer lines up to 24" ~n diameter 16 ft
Ind~wdual water or sewer hnes greater than 24" 20 ft
Water and sewer lines up to 24" ~n the same easement 20 ft
Water and sewer hnes greater than 24" In the same easement 25 ft
Easements along TXDOT right of ways 20 ft
(2) Lot hnes will not split easements
(3) Dead-end easements are not acceptable unless approved for special c~rcumstances
by the development rewew committee
(4) Fences w~th~n ubhty and or drainage easements are prohibited
a No fences will be allowed to be built that cross dedicated utlhty and/or drainage
easements
b Any existing fence that crosses dedicated utlhty and/or drainage easements
that confhct w~th the purpose and intent of the easement may be removed by
the C~ty at any t~me
c The C~ty ~s under no obhgabon to repair or replace any fence that ~s damaged
or removed that encroaches within a dedicated easement for the purposes of
operating, ma~nta~mng, replacing or ~nstalhng water, sewer or drainage faclhbes
w~th~n the dedicated easement
(5) Employees of the c~ty shall have the authonty to enter premises at any reasonable
t~me ~n the regular hne of duty for the purpose of ~nspect~ng, repa~nng or construcbng
any water, electric or sewer hne or any water or electnc meter, etc The landowner and
occupant are responsible for any construction acbwbes occurnng over or w~th~n any
on-s~te utility ~n a ubhty easement If ut~hty ~nspecbon or repair or reconstruction ~s
necessary, any pavement, structure or improvement damaged w~thln a dedicated
ut~hty easement, shall not be the respons~b~hty of the c~ty for any repairs, but shall be
the sole respons~b~hty of the owner The landowner assumes responslb~hty for any
and all improvements placed within a utility easement at their own risk Addlbonally,
the provisions of th~s section do not permit or supercede the hm~ts a,nd restncbons
prescribed by the cond~bons of any ex~st~ng ubhty easement for allowing i~mprovements
to be place w~th~n ut~hty easements
20 5 - Water Capacity Reqmrements
Every development shall prowde adequate water capacity for fire protecbon purposes The
procedure for determining fire flow requirements for building or porbons of buildings here
after constructed shall be ~n accordance w~th Appendix III-A of the Un~form Fire Code For
any platted lot where the end use ~s not defined, the following standards shall apply
Area GPM
One and two family dwelhngs less than 3,600 SF 1,000
Buildings other than one and two family
dwelhngs less than 3,600 SF 1,500
Med~um-~ntens~ty commercial and hght ~ndustr~al 3,000
H~gh-~ntens~ty commercial and ~ndustnal 4,000
All fire flows to be calculated w~th twenty (20) pounds residual pressures
In add~bon to the fire flow requirements specified above, the development shall prowde
adequate water capacity to sabsfy the following demand cond~bons
Peak day - Peak hour demand
Peak day - Average demand plus fire flow
The water system shall be designed ~n accordance w~th the C~ty's Water D~stn,bubon System
Master Plan and the design standards specified ~n the C~ty's Water and Sanitary Sewer
Design Criteria Manual
Special and unique exceptions to the above standards may be made by the planmng and
zomng commission after recommendabon from the pubhc ubht~es board
20 6 - Sewer Capac,ty Requ,rements
Sewer capacity required The c~ty reserves the right to prohibit any connection to the c~ty
sewer system when ~t ~s determined that a hne or the system is overloaded
The C~ty also reserves the right to prohibit any connection to the c~ty sewer sy~stem When it
is determined that the line or system has inadequate excess system capacity to serve the
sewer demand of the proposed development
The sanitary sewer system shall be designed ~n accordance with the C~tyls Wastewater
Collection System Master Plan and the design standards specified in the City's Water and
Samtary Sewer Design Cntena Manual
20 7 - Impact Fees
44
All connections to the C~ty's water d~stnbutlon and wastewater collecbon systems w~ll require
the payment of ~mpact fees ~n accordance w~th the provisions of Chapter 26 - Ubhtles of the
Code of Ordinances of the C~ty of Denton
20 8 - Tapping Fees
The water ut~ht~es department personnel shall make all connecbons to the ex~sbng water and
sewer system The fees charged to perform th~s work shall be pa~d for by the entity
requesting th~s work
20 8 1 Basic Pohcy
Any water and sewer service connections that serve lots that connect to new water and
sewer mains extended to serve a proposed development shall be designed and installed by
the developer prior to acceptance of these lines by the City of Denton Any ma~nhne taps or
service hne taps made on the ex~st~ng water and sewer system owned and operated by the
City of Denton shall be made by water ut~hty personnel and pa~d for by the entity requesting
th~s work
20 8 2 Fee Schedule
The fees schedule for all taps and meter loops shall be estabhshed annually by ordinance
adopted by the Denton C~ty Council after recommendation by the Pubhc Ut~ht~es Board The
fees shall be based upon the actual cost to ,nstall a g~ven s~zed tap ~n a paved or unpaved
area These costs shall only reflect the average annual cost to perform the work, including
equipment, matenals and labor All taps or other ubhty work performed by the water ut~hty
department personnel that do not have estabhshed fee schedules adopted by ordinance, the
fee w~ll be based upon the department's esbmated cost of equipment, materials and labor
plus and adm~mstrabve fee of 20%
20 8 3 Adm~n,straflve Procedure
All tap fees shall be pa~d for prior to the work being performed by the C~ty of Denton
The d~rector of water ubht~es w~ll be responsible for the development of adm~n~strabve
procedures to ~nsure the collecbon of tapping fees ~n accordance with the pr0vls~ons of th~s
ordinance
20 9 - Oversize Partlmpation by the City
The city reserves the nght to require developers to ~nstall water mains, sewer hnes and
wastewater lift stations that have excess capacity to serve adjacent propert~es~and to comply
w~th the adopted comprehensive master plans for these ubhty systems The C~ty w~ll prowde
oversize part~c~pabon reimbursement to the developer for th~s added cost ~n accordance w~th
the provis~ons and procedures contained ~n th~s section
20 9 I Basic Policy
45
Oversized mains The c~ty may participate ~n the cost of oversized water and, sewer mains,
subject to fund ava~lab~hty and approval by the city council "Oversized mains" are defined as
water mains over e~ght (8) ~nches and sewer mains over ten (10) ~nches which are required
by the c~ty for future system expansion and are not specifically required to prowde service to
the proposed development
20 9 2 Admlmstrative Procedure
Prior to the beginning of construcbon of any fac~hty for which the c~ty ;s to parbclpate ~n the
cost thereof, the developer and c;ty shall enter ~nto a written part;c;pabon agreement The
c~ty shall approve all oversized ut~hty contracts for such construcbon of ut~ht~es prior to their
execution by the developer The agreement shall be ~n a form approved by the c~ty In
add~bon to such other terms as may be necessary to carry out the prows~ons ~)f th~s section,
the agreement shall prowde that ~f construcbon of the fac~hty does not commence w~th~n one
(1) year of the date of the agreement, ~t shall terminate, unless a written exten,s~on thereof ~s
approved by both parbes The d;rector of water ut~hbes or his designee shall,determine the
appropnate level of cost participation by the city based upon the ~ncremental~ cost between
the developer rrequ~red fac~ht~es and the c~ty's requested overs;zed fac~hbes Th~s cost
determination shall be based upon recent b~ds for s~m~lar fac~hbes and/or Cost est;mates
prepared by the c~ty's eng~neenng staff If the c~ty cannot justify the costs revolved ~n any
such contract where city funds or pro rata repayment ~s involved, the c~ty shall have the
option and right to submit the project for sealed b~ds, and the developer, shall pay h~s
proportionate share of the acceptable Iow b~d F~nal approval of all oversize participation
agreements between the c~ty and the developer shall come from the city council after
recommendabon from the pubhc ubht~es board unless the parbclpatlon amount ~s less than
the expenditure level authonzed by the city manager Final payment to the developer for
oversize parbc~pabon by the c~ty shall occur w~th~n 60 days of final acceptance of the installed
fac~ht~es
20 10 - Pro-Rata Agreements
Any developer who bears the cost of off-site water or samtary sewer ma~n extensions to a
development or installs a lift station with excess capacity to serve adjacent property w~thout
city oversize part~c~pabon shall be entitled to reimbursement of the pro rata cOst pa~d to the
city, as provided below, for each user who extends a service hne from the ma;n or connects
to the hft, stat;on w~th~n twenty (20) years from the date the faclhty Is finally ,;nspected and
accepted by the city
20 10 1 Basic Policy
Pro rata charges for tapping mains extended by developer The pro rata charges for tapping
mares extended by the developer shall be as follows
(1) Every person or developer applying for a tap of any water or sanitary sewer
main which has been constructed under the terms of the developer extension
requirements of th~s secbon or the c~ty extension requirements ,of th~s secbon
shall pay for the requested taps at the following rates
46
a Where a water or sewer main is located on a c~ty street er county road
and abuts and ~s accessible to separate platted tracts,I the pro rata
charge shall be s~xty (60) percent of the average current p,er-foot cost of
such main
b Where a water or sewer ma~n ~s located on a state or fe~leral h~ghway
and abuts and ~s accessible to separate platted tracts,/the pro rata
charge shall be one hundred (100) percent of the averag~e current per-
foot cost of such ma~n
c Where a water or sewer ma~n ~s located ~n a proper easement across an
owner's property and where such easement does not abut a street or ~s
not ~n any other way d~rectly accessible to any separately owned tract,
the pro rata charge shall be one hundred (100) percent qf the average
current per-foot cost of such ma~n
The pro rata charge shall be based on the average current Cost of s~mdar
projects w~th p~pe of the same s~ze up to e~ght-~nch ~nslde d~ameter water p~pe
and ten-~nch d~ameter sewer p~pe All pro rata charges shall be~ charged on a
per-front-foot bas~s
(2) The pro rata charge prowded by th~s subsection shall be ~n addlben to the usual
tapping fee and to any other charges required by the city
(3) The intent and purpose of th~s subsection is to provide an equitable charge for
water and samtary sewer connecbons as a proporbonate d~stnbut~on of the cost
of water and sanitary sewer ma~n extensions to serve property w~thln the
junsd~ct~on of the c~ty In cases where a property or a tract of lan(I is so situated
or shaped that the above front-foot charge creates an ine,~u~table bas~s
compared to other tracts of land of slmdar overall s~ze, the pubh( utd~t~es board
shall determine the proper charge ~n accord w~th the ~ntent and [,urpose of th~s
subsection, and such determined charge may be lesser or great, r than that by
the front-foot basis If more lots are to be served by the ma~f than abut or
contain it, then the charge shall be greater, as determined by the public utd~tles
board No person shall acquire any vested right under the terms and prows~ons
of th~s subsection, nor shall the c~ty ~ncur or assume any I~abd~ty or obhgabon to
expend or encumber tax or utd~ty funds No utd~ty funds sha~ll be spent or
encumbered unless funds are available for such purpose, as determined by the
public utdlbes board
Reimbursement for I~ft stations or force mains Reimbursement to developers~for the cost of
I~ft stabons or force mains shall be as follows
(1) Any developer who bears the cost of hft stations or force malns to serve a
development shall be entitled to reimbursement for such cost~ from pro rata
connecbon or use charges pa~d to the c~ty, ~n accordance w~th th~s secbon, by
any person who makes use of such I~ft stations or force ma~n~ w~th~n twenty
(20) years of the date such facilities are accepted by the c~ty
47
(2) The maximum reimbursable cost pa~d to a developer by the city from pro rata
charges collected from persons connecting to the fac~hbes constructed by a
developer shall be based upon the cost of prowd~ng capacity for the facd~bes ~n
excess of the capacity required or reserved by the developer to meet the
requirements of the developer's property for which the facdlbes Were installed,
determined as follows
Cost~
Reimbursement = x ECAP3
C a p--a--~2
~Total cost of facd~ty
2Total capacity, in gallons per minute (gpm) of the facd~ty
3Capacity, ~n gallons per m~nute (gpm), in excess of capacity reserved or
required by developer's property
(3) Reimbursement costs shall be payable to the developer w~thln thirty (30) days
of receipt of pro rata charges collected by the c~ty
(4) Pnor to the beg~nmng of construcbon of any facd~ty for which reimbursement ~s
prowded for herein, the developer shall enter into a pro rata reimbursement
agreement with the c~ty The agreement shall be ~n a form approved by the
c~ty In add~bon to such other terms as may be necessary to, carry out the
prows~ons of th~s secbon, the agreement shall provide that ~f conStrucbon of the
facd~ty does not commence w~th~n one (1) year of the date of the agreement, ~t
shall terminate, unless a wntten extension thereof ~s approved by both parbes
Pro rata charges for use of samtary sewer hft stabons or force mains ~nstalled by developers
Persons connecting to or using sanitary sewer hft stations or force mains ~nstalled by a
developer shall pay pro rata costs as follows
(1) Every person who connects to or makes use of a samtary sewer hft stabon or force
ma~n, the cost of which was incurred by a developer and for which a pro rata reimbursement
agreement has been entered ~nto between the c~ty and such developer, shall, as a condition
to such connection or use or conbnued use, pay to the c~ty a pro rata cost charge based
upon the use of the excess capacity of the facd~ty, determined as follows
Av,q Dally Flow~ x 1 52 X N3 x Rate4
14405
~Average dady flow--The projected average dady sewage flow from each
build~ng, structure or particular land use For single-family residential buddings
the projected average dady sewage flow of three hundred twelve and five-
tenths (312 5) gallons per day (gpd) shall be used (based upon two and one-
half (2 5) persons per budding times one hundred twenty-five (125) gpd) For
other land uses, the projected average dady sewage flows shall be based upon
the U S Environmental Protecbon Agency's or ~ts successor agency's most
recent hsflng of average sewerage flows for various land uses,or facd~t~es or
48
any other national or state hstlng of such sewage flows recognized ~n the ut~hty
~ndustry, as determined appropriate by the director of pubhc ut~ht~es
21 5--Ratio of peak flow to average da~ly flow
3N--Number of buildings, structures, umts or particular land uses on whmh the
projected average da~ly sewage flows are based
4Rate--The gallon per m~nute (gpm) cost of prowd~ng the sewage ~capac~ty
used, determined as follows
Total Cost of Fac~hty
Total Capacity (gpm)
51440--The m~nutes ~n a twenty-four-hour day
(2) The ~ntent of this subsection ~s to provide for an equitable pro rata charge to
persons making use of hft stations or force mains construct~ed under the
prows~ons of th~s section based upon the average da~ly projected! sewage flows
and peak sewage flows of particular buildings, structures and land uses
(3) In cases where the pro rata charge calculated ~n accordance w~th th~s
subsection would not be equitable because the actual average da~ly sewage
flow or peak flow from a particular building, structure or land use ~s much
greater or smaller than the normal projected average da~ly flow or peak flow on
which such pro rata charge ~s based, the d~rector of water ut~ht~s may, based
upon evidence of such greater or smaller actual da~ly sewage flow or peak flow,
require a payment of a greater or smaller pro rata charge as a c0nd~t~on to the
connection to, use of or continued use of a hft station or force Ima~n which ~s
subject to a pro rata reimbursement agreement In such cases,,the executive
d~rector of ut~ht~es shall g~ve written not~ce to such person required to make
such pro rata payment of the bas s for the actual pro rata charge, and such
person may, w~thln thirty (30) days thereafter, appeal such determination to the
pubhc ut~ht~es board The board shall, w~th~n a reasonable t~me thereafter, make
a determination of the actual pro rata charge to be assessed and Ipa~d
20 10 2 Administrative Procedure
Prior to beginning of construction of any fac~hty for which pro rata re~mbursemf~nt ~s prowded
for here~n, the developer shall enter ~nto a pro rata reimbursement agreement w~th the c~ty
The agreement shall be ~n a form approved by the c~ty In addition to such Other terms as
may be necessary to carry out the provisions of th~s section, the agreement shall prowde that
~f construction of the faclhty does not commence w~th~n one (1) year of tt'te date of the
agreement, ~t shall terminate, unless a written extension thereof ~s approved by both part~es
Pro rata reimbursement payments shall be made by the c~ty to the person who~pa~d the cost
of the main or h~s assignee, and no other person shall be entitled to payment uhder the terms
of th~s subsection
49
The pro rata charges shall be determined and estabhshed at least annually by,the director of
water utdlt~es or his designee based upon the average cost of recent slmdar w~ter and sewer
hne ~nstallat~ons
The reimbursement shall be payable within thirty (30) days of ~ts receipt by the ~ty
All pro rata agreements shall be reviewed and approved by the director of iwater utdltles
F~nal approval of pro rata agreements wdl be by the city councd after recommefndat~on by the
pubhc utdibes board or by the c~ty manager if th~s authority ~s delegated to h~m/1her by the c~ty
councd
20 11 - Alternative Water and Sewer Facdltles
All developments w~th~n the jurisdiction of the c~ty shall be required to have approved water
supply and samtary sewerage facd~t~es and shall be required to connect to th~ c~ty facd~t~es
unless alternative arrangements have been approved by the c~ty according to the following
standards and procedures
20.11 I Basic Pol,cy
Alternabve water and sewer systems wdl be considered for developments tha~ are located ~n
areas that are ~mpract~cal or economically ~nfeas~ble to connect to the c~ty's ce~trahzed water
d~stnbubon and/or wastewater collection system The key factors that wdl be evaluated to
determine the c~ty's acceptance of these alternatwe water and sewer systems are
(1) General comphance w~th the c~ty's comprehensive land use plan and water
d~stnbution and/or wastewater collecbon system master plans
(2) The seventy of the economic difference between the collecbve costs, of the
alternative water and/or sewage d~sposal systems necessary to servf) the enbre
development and the costs to extend water and/or wastewater hnes to the
development
(3) The smtab~hty of the sod conditions, topography and other enwronmental factors
effect~ng the development for the ~nstallabon of the ~nd~wdual on-s~tel sewage
d~sposal systems
(4) The total number of lots, s~ze of lots and overall density of the devel(~pment
(5) The ~mpact on surrounding properbes and environmentally senslbvelareas
adjacent to the development and the avadabd~ty of buffer areas
(6) The ~mpact on surrounding properties abd~ty to develop w~th suitable! access to
water and/or samtary sewer facd~bes
20 11 2 Approval Process
All altern'at~ve water and sewer systems must be approved by the d~rector orr water ubht~es
and the ~c~ty council after recommendation by the pubhc ubht~es board I AII alternative
5O
systems shall be designed and operated ~n stnct compliance with all applicable permits,
ordinances, regulatory guidance and regulabons ~nclud~ng the EPA, TNRCC,'Texas Health
Department and the C~ty of Denton Alternative water and sewer systems will be considered
for developments under the following cntena
20 '1 '1 3 Individual Water Wells
DeveloPments may be approved w~th individual water well fac~llbes according tO the following
criteria
a Water well operation and quality meet the mlmmum requirements of the
TNRCC and city ordinances
b Water wells are not ubl~zed ~n any commercial sale of the water
c Cost to be onto the c~ty water system exceeds the certified ~n~t~al ~capltal cost of
a well
d An applicant for approval of an ~nd~wdual water well shall submit the following
ewdence to the executive d~rector of ut~ht~es
1 Water quality tests,
2 Affldawts stating that no more than three (3) fam~hes w~ll use the well
and/or the well water w~ll not be used ~n any commercial sales, and
3 Certified cost estimate of well installabon
Upon rewew of th~s ewdence, the d~rector of water utilities may ~ssue a water well permit
20 11 4 Private Water Systems
In areas where development requires water services for more than a single f~ac~hty and the
cost of extending and tying onto the city system ~s proh~b;bve, privately owned water facilities
may be considered and approved by the c~ty according to the following generall criteria
a The cost to tie onto the c~ty system would be s~gnlflcantly greater than the
proposed alternative
b The applicant of the proposed alternatwe system prowdes certified evidence
from a registered professional engineer that the system w~ll me~t all c~ty, state
and federal health and water quahty standards
c The s~z~ng and material quahty of all fac~l~bes w~ll meet the ¢~ty standards
Provisions shall be made to design the water system to prowd~ adequate fire
protection for the development ~n accordance w~th the design cntena
estabhshed by the City of Denton
d Perpetual private maintenance ~s guaranteed by such means as a
homeowner's association, bonds or other means approved by the c~ty attorney
Operators of the system w~ll be cerbfled by the TNRCC
The c~ty shall have the nght to ~nspect the system periodically to determine ~f
such system Is being operated and maintained according to ~ndustry standards
The review and approval procedures for such private water system shall
proceed concurrently w~th the normal platbng and eng~neenng ~plan approval
process as outhned in th~s article, except for apphcat~onsI under these
alternative water fac~htles proposals, which shall first require review and
recommendation from the pubhc ut~ht~es board and final concurrence from the
c~ty council
The c~ty may accept ex,sting or annexed pnvate water systems for operation
and maintenance when the c~ty's water hnes are connected to such system,
prowded the system has been designed, constructed and~ operated ~n
accordance w~th accepted industry and city standards Such private system
shall be dedicated to the c~ty at no cost
Prior to such acceptance by the c~ty, such water hnes and faC~ht~es shall be
inspected and evaluated as to standards, adequacy, cond~bon,, etc If water
lines and fac~hbes are not according to city standards, a per-hneal-foot pro rata
charge shall be assessed to the users of such system for ~nstallabon of these
new fac~ht~es or will be on a per-hneal-foot, actual-cost bas~s for upgrading or
repalnng the ex~st~ng fac~ht~es to meet city standards
20 11 5 Individual On-Site Sewage Dmposal Systems
Ind~wdual on-s~te sewage d~sposal systems w~ll be considered for developments that are
located ~n areas that are ~mpract~cal or economically ~nfeas~ble to connect to the c~ty's
centrahzed wastewater collecbon system The key factors that w~ll be evaluate~l to determine
the c~ty's acceptance of these alternabve ~nd~wdual on-s~te sewage d~sposal systems are
1 General comphance w~th the c~ty's comprehensive land use plan and wastewater
collection system master plans
2 The seventy of the economic d~fference between the collective costs of all of the
~nd~vldual on-site sewage d~sposal systems necessary to serve the enbre
development and the costs to extend wastewater hnes to the development
3 The su~tab~hty of the so~l conditions, topography and other enwronmental factors
effectmg the development for the installation of the individual on-s~telsewage
d~sposal systems
4 The total number of lots, s~ze of lots and overall density of the development
5 The ~mpact on surrounding properties and enwronmentally sensitive ~areas
adJacent to the development and the ava~lab~hty of buffer areas
6 The Impact on surrounding properties abd~ty to develop w~th suitable access to
samtary sewer facd~t~es
20 11 5 1 Sept;c Systems
Developments may be approved w~th ~nd~v~dual septic tank systems according to the
following cntena
a A septic tank may be installed to serve an ~ndlwdual residence, commercial or
~ndustnal facd~ty If
1 The premises upon which such structure ~s located ~s more than five
hundred (500) feet from any city samtary ma~n The distance shall be
measured as the stra~ght-hne honzontal d~stance between ~the end of the
existing c~ty samtary sewer ma~n to the nearest property boundary of the
lot to be served
2 The director of water utdlt~es certifies ~n wnt~ng that the topography of
such premises makes normal connection w~th such existing samtary
ma~n ~mpract~cal or ~mposs~ble, and
3 The operation of a septic tank ~s feasible on the premises and w~ll meet
the standards and requirements of th~s chapter
All other ~nstallat~ons of septic tanks shall be unlawful w~th~n the c~ty or the
extraterritorial jurisdiction
b Septic tanks shall be ~nstalled ~n accordance w~th the standards estabhshed by
the state department of health and the design cntena adopted iby the C~ty of
Denton
c An apphcant for approval of an ~nd~wdual septic tank shall submit the following
ewdence to the d~rector of water utd~t~es
1 Map and statement of justification,
2 Aff~dav~ts that no more than one (1) residence, commercial or ~ndustnal
facd~ty shall be utd~z~ng such septic tank,
3 A plan of the septic tank system prepared by a registered professional
engineer or registered professional samtanan, and
4 Affldawt of the results of the percolation tests
Upon rewew of th~s evidence, the d~rector of water utd~t~es may,~ssue a septic
tank perrmt
20 11 5 2 Aerobic Treatment Systems
53
Developments may be approved with individual aerobic treatment systems according to the
following cntena
a An ind~v~dual aerobic treatment system w~th effluent d~sposal may be ~nstalled
to serve an ~nd~v~dual residence, commercial or ~ndustnal fac~hty ~f
1 The premises upon which such structure ~s located ~s more than five
hundred (500) feet from any city samtary main,
2 The d~rector of water ut~hbes cerbfles ~n writing that the ~opography of
such premises makes normal connection w~th such existing sanitary
ma~n ~mpracbcal or impossible, and
3 The operation of an aerobic treatment system is feasible on the
premises and w~ll meet the standards and requirements ofith~s chapter
All other ~nstallabons of sepbc tanks shall be unlawful within tjhe c~ty or the
extraterritorial junsd~ct~on
b Ind~wdual aerobic treatment systems w~th effluent d~sposal shall Ibe installed ~n
accordance w~th the standards estabhshed by the state department of health
and the design criteria adopted by the C~ty of Denton
c An apphcant for approval of an ~nd~wdual sepbc tank shall submit the following
ewdence to the d~rector of water ut~hbes
1 Map and statement of justification,
2 Affidawts that no more than one (1) residence, commercial or ~ndustnal
fac~hty shall be ubhz~ng such aerobic treatment system,
3 A plan of the aerobic treatment system prepared by a registered
professional engineer or registered professional samtanan
Upon review of th~s evidence, the d~rector of water ut~ht~es may I~ssue a permit
for the ~ndlwdual aerobic treatment system
20 11 5 3 Waatewater Treatment Systems
In areas where development requires water services for more than a s~ngle j:ac~hty and the
cost of extending and tying onto the c~ty system ~s prohibitive pubhc or, plwately owned
fac~ht~es may be considered and approved by the c~ty according to the following general
criteria
a The cost to be onto the c~ty system would be s~gn~flcantly greater than the
proposed alternabve '
b The apphcant of the proposed alternative system prowdes certified ewdence
from a registered professional engineer that the system w~ll meet all c~ty, state
and federal health and water quahty standards
54
c The sizing and material quality of all facilities w~ll meet the c~ty standards
d Perpetual pnvate maintenance ~s guaranteed by such means as a
homeowner's assoc~abon, bonds or other means approved by the c~ty attorney
e Operators of the system w~ll be certified by TNRCC
f The c~ty shall have the right to ~nspect the system periodically to determine ~f
such system ~s being operated and maintained according to ~ndustry standards
g The review and approval procedures for such wastewater treatment system
shall proceed concurrently with the normal platbng and eng~neenng plan
approval process as outlined ~n th~s arbcle, except for applications under these
alternabve water and sewer facilities proposals, which shall first require rewew
and recommendation from the pubhc ubht~es board and final concurrence from
the c~ty council
h The c~ty may accept ex~sbng or annexed private wastewater treatment system
for operation and maintenance when the c~ty's sewer I~nes are connected to
such system, provided the system has been designed, constructed and
operated ~n accordance w~th accepted ~ndustry and c~ty standards Such private
system shall be dedicated to the c~ty at no cost
Prior to such acceptance by the c~ty, such water and sewer I~nes and facilities
shall be inspected and evaluated as to standards, adequacy, condlbon, etc If
sewer I~nes and facilities are not according to c~ty standards, a per-I~neal-foot
pro rata charge shall be assessed to the users of such system for ~nstallat~on of
these new facilities or will be on a per-hneal-foot, actual-cost bas~s for
upgrading or rapa~rlng the existing facilities to meet c~ty standards
Connections to sanitary sewer extensions required upon nobce Whenever the c~ty
sanitary sewer system ~s extended to w~th~n five hundred (500) feet of any lot or pamel
of land w~th~n the corporate I~mlts of the c~ty where a sepbc tank, dry closet or privy
vault exists, the owner or occupant of each premises shall abate such sepbc tank, dry
closet or privy and shall construct a suitable water closet upon such premises and
connect the water closet w~th the c~ty sanitary sewer main w~thln thirty (30) days after
written notice to do so from the city health officer unless he can show by county health
certificate that h~s current system ~s funcbon~ng ~n a sound and safe manner He shall
further be raqu~red to have these fac~llbes re-certified every two (2) years
20 12 - Plans and Specifications
The developer shall prowde the c~ty w~th all plans and spec~flcabons for all water and
wastewater facilities necessary to serwce the proposed development
20 12 1 Basic Requirements
All water and wastewater facilities necessary to support a proposed development shall be
designed by a professional engineer licensed ~n the state of Texas Plans and~speclflcabons
shall be prepared and submitted for rewew and approval pnor to final acceptance and
approval of the final plat Plans and specifications shall conform to the criteria contained ~n
the c~ty's water and samtary sewer design criteria manual
20 12 2 Construct,on Plans
The developer's engineer shall prepare construction plans for all water and wa~tewater
fac~ht~es required to serve the development The construcbon plans shall be prtspared by a
professional engineer hcensed ~n the state of Texas and shall be s;gned and sealed ~n
accordance w~th the criteria outhned by the State Board of Reg~strat;on for Professional
Engineers prior to submittal to the City of Denton for rewew, approval or construcbon
purposes The construction plans shall be prepared ~n accordance w~th the standards
outhned in the City of Denton's Water and Sanitary Sewer Design Cntena Man~al and shall
be available on electromc med~a unless otherwise approved by the water utlhty department
20.12 3 As Built Drawings
After the construction has been completed and prior to acceptance of the fac~ht~es by the C~ty
of Denton, the construcbon plans should be mod;fled to reflect ^s-Built conditions and be
submitted to the c~ty
Attachment 6
City Hall West · 221 N Elm ·Denton, Texas 76201
(940) 349-8358 · Fax (940) 349-8376 · Metro 434-2529
Memo
To: Doug Powell, D~rector of Planmng & Development
From: David Salmon, PE, C~ty Engineer
CC: Jerry Clark, PE, D~rector of Englneenng & transportation
Date: 10/6/00
Re: Transportation Code Pohcy Issues
The following is a hst of issues addressed m the Draft Transportation Sectzon of the Development
Code that are either completely new, or have been changed slgmficantly from the current code
Street Classffieat~ons and Standards
a Allowing pubhc alleys
b Replamng cul de sacs m most instances with courtyard streets
c Narrowing the pawng sections for local residential streets now called neighborhood
streets, whmh prowdes for wider parkways and slower traffic
d Added provls]ons for different on street parking configuratzons
e W~denmg the pavement section and right of way widths for Arterials to provide a w~der
median and a b~cycle lane on the outside edge ~n each d]rectmn
f Allowing 3 lots or less to have access to a private street called a flag drive
g Shorter maximum block lengths
h Requmng comer chps m addition to normal right of way dedmat]ons
Standardzz]ng the locatzon ofutthtms and drainage ~n the right of way
j Requmng that the developer design and provide conduits for franchise utlhtms, and that
all utthtms including franchise uttht]es be installed pr]or to paving
k Requlnng street design based on level of servme D mstead of Level of servme C
1 Reqmnng developers to participate in transportation improvements, based on their
proportzon of the traffic compared with ultimate developed traffic The code currently
allows road capamty to be consumed in a first come first serve manner leawng traffic
improvements to later developers
m Reqmnng Traffic Impact Analysis for all developments that are expected to generate
1000 vehicle trips per day or more
n Requmng Connectivity between adjacent developments
o Reqmnng the use of traffic calming measures on neighborhood streets and some
collector streets
57
Pedestrian and B~cycle Faciht~es
a Increased m~mmum s~dewalk w~dth to 5 feet
b Reqmnng 8-foot wide pedestrian & b~cycle w~th collector streets and m some other
locations m accordance w~th the proposed B~cycle and Pedestrian Component of the
Mobd~ty Plan
e Requmng a 4 foot wtde bicycle lane along the edge of arterial streets m each d~rect~on
d Increasmg the amount of money developers are reqmred to place m elcrow to ensure
that s~dewalks are constructed m front of each lot inside a subd~ws~on from 15% to
25% of the total estimated cost of the s~dewalks
e Requmng that developers install crosswalks at each intersection
Driveways
a M~nor reductions ~n comer clearance and spacing standards
b Prowdmg more flex~bthty m driveway geometry based on the land use
e No smgle famdy driveway access to collector streets
d Estabhshmg max~mmn dnveway grades
Pubhc Transit (th~s entire section ns new)
a Reqmres developers to prowde for bus stops including additional right of way ~f
necessary, pull outs m some cases, passenger shelters m some eases, benches and
additional s~dewalk pavement for loadmg areas Allows payment ~n heu of
construction ~n most cases
b Prowdes some opportumty for participation m future park and nde faad~t~es m heu of
malang some offs~te street ~mprovements
58
TRANSPORTATION
Streets, ~idewalks, B,cycle Facilities and Transit Facd,tms
All developments shall prowde for streets s~dewaiks b~cycle and transit facd~bes to serve the
development ~n accordance w~th the requirements of th~s secbon, the design standards ;n the
Transportation Criteria Manual and the C~ty's Mob~hty Plan
Street Standards
The following street standards shall apply to developments unde~ th~s Chapter
Street standards shall be estabhshed by the number of dwelhng un~t{ served by the
street and total expected traffic For the purpose of determining the street
requirements of th~s Code, all streets shall be classified and defined as follows
A Street Types
(1) Alley An alley (residential or Commercial) ~s a public street designed to
prowde access to the rear or side of a lot including sohd waste and fire access
Alleys are required for all residential lots fronbng on a residential lane,
Resldenbal Avenue, Ma~n Street M~xed Use Collector, Commercial M~xed Use
collector and ~n nonres~denbal zoning districts where necessary to pmwde for
adequate access for service vehicles, off-street loading or unload,~ng, access for
emergency vehicles or s~mdar reasons consistent with the ~ntent Of th~s chapter
Alleys are encouraged ~n all commercial and slngle-famdy developments
Adopted geometry standards are hsted ~n the Transportabon Cntena Manual
Alleys are to be designed ~n accordance w~th the Transportabon Cntena
Manual
a All alleys shall have at least two (2) d~rect access points to pubhc streets
and are subject to the block length criteria included ~n this code
b Alleys shall be dedicated to the pubhc
(2) Flag Dnve A Flag drive ~s a private road w~th~n a private access
easement, which may serve up to 3 residential dwelhng umtS No curbs or
sidewalks are required for a Flag dnve Flag dnves shall not~ provide d~rect
access to an artenal street Adopted standards for Flag dnves are as hsted ~n
the Transportation Cntena Manual
(3) Neighborhood Street A street, which serves 19 or less residential umts,
and carnes less than 800 vehicles per day Neighborhood streets include
res~denbal lanes, residential streets, rural/suburban streets, courtyard streets,
and cul de sacs
a Residential Lane A residential lane is a street, which serves from 4 - 19
dwelhng umts as ~llustrated ~n the Transportation Criteria, Manual, ~s
expected to carry less than 800 vehicles per day and requires the use of
Alleys No dnveway access ~s allowed on a residential lape On-street
parking shall be prowded ~n additional bays or ~n curbs~de lanes along
one side Adopted standards for travel lanes and parking bays are
~ncluded ~n the Transportation Criteria Manual
b Residential Street A residential street ~s a street, which serves from 4 to 19
dwelhng umts on lots larger than 7000 square feet and expected to carry
less than 800 vehicles per day Alleys are permitted ~n conjunction with
Residential Streets On-street parking ~s provided on both s~des w~th~n
the standard width of the street section Adopted geometry and access
standards for residential streets are included ~n the Transportation
Cntena manual
c Rural/Suburban Street A rural/suburban street is a street which carries less
than 800 vehmle trips per day and serves no more than 19 single family
residential lots one acre or larger ~n a rural zoning d~stnct Adopted
geometry standards for rural/suburban streets are ihsted ~n the
Transportation Cntena Manual
d Courtyard Street The courtyard street ~s designed for use w~th e~ther small
or large-lot development and shall have a maximum length of no more
than 150 feet to faclhtate fire service No lots w~ll have frontage at the
ends of the courtyard so that clear pedestrian passage and view
corridors can be used to connect to these systems Geometnc and
access standards for courtyard streets are hsted in the Transportation
Cntena Manual Courtyard streets may be used whenever desired to
d~scourage through traffic ~n a residential subd~ws~on or Whenever there
~s no available opportunity to provide a connectlo~ to adjacent
properties
e Cul De Sac Cul de sacs are prohibited unless the shape, location or
topography of a property or port~on of property Is such that use of a flag
drive or courtyard street is not possible as determined by the City
Engineer When a cul de sac ~s permitted, ~t shall be hm~te~l to 150 feet in
length and conform to the access and geometric standa~'ds adopted ~n
the Transportation Cntena Manual Cul de sacs are to be connected at
the end to adjacent streets or common areas by a wew corridor ~nclud~ng
a pedestrian and/or b~cycle system All cul-de-sacs shall terminate w~th a
turnaround that meets the standards of the Transportation Cntena
Manual Half cul de sacs as illustrated ~n the Transportabon Criteria
Manual are acceptable at bends ~n residential and collector streets that
are 90 +/- 5 degrees
(4) Collector Street A collector street ~s a street that ~s designated as such by the
C~ty of Denton Mobility Plan, that has an actual or anbc~pated traffic flow of 800
VTD or greater, serves 20 or more resldenbal umts as defined by the
Transportation Cnter~a manual, or serves m~xed use, ~ndustnal or commercial
development Collector Streets include Ma~n Street/Mixed Use Collectors,
Commercial/Mixed Use Collectors and Residential Avenues A Collector street
must ~nclude on street parking on both sides ~n curbs~de lanes or additional
bays (except as noted below) and shall be constructed to the Collector
Standards as adopted by the C~ty of Denton Transportation Criteria Manual
General requirements are as follows
a Residential Avenue Prowdes access to single family detached, single
family attached, two family, or mulbfamlly dwelhng un~ts Provides two
through lanes and parking on each s~de No driveway access to s~ngle
family or two family dwelling units is permitted
b Main Street M~xed Use Collector Provides access to all types of residential
dwelhng umts as well as neighborhood commercial Prowdes two
through lanes and parking on both s~des No driveway access to s~ngle
family or two family dwelling un~ts ~s permitted
c Commercial M~xed Use Collector Prowdes access to all types of resldenbal
dwelling umts as well as commem~al and ~ndustrlal uses Prowdes for
two through lanes w~th parking on each s~de or four through lanes No
driveway access to s~ngle family or two family dwelling Is permitted
(5) Secondary Arterial A street whose ma~n purpose ~s to serve as a major route
through and between d~fferent areas of the c~ty These streets are generally
shown on the c~ty's mobility plan, however may be required ~n other locations
based on the s~ze and density of development Secondary artenals have two
through lanes plus a b~cycle lane ~n each d~recbon separated by a median No
parking ~s permitted Dnveway access to s~ngle family and two family dwelling
umts ~s not permitted Adopted street secbons, nght of way requirements and
access restrictions are as I~sted ~n the Transportation Cntena Manual
(6) Primary Arterial A street, ~nclud~ng Interstate H~ghway Service IRoads, whose
ma~n purpose is to serve as a major route ~nto, out of or across the c~ty These
streets are shown on the city's thoroughfare plan, however may! be required ~n
other locations based on size and density of development Prtlmary arterials
have at least three lanes plus a b~cycle lane ~n each d~recbon separated by a
median Interstate H~ghway Service Road standards are established by the
Texas Department of Transportation and do not ~nclude a b~cycle lane within
the street section No parking ~s permitted Adopted street sections, r~ght of way
requirements and access restrictions are I~sted ~n the transportabon criteria
Manual
(7) Freeways A street w~th controlled access and ~ntended to move traffic through
or around the C~ty 1-35 north, east and west and portions of Loop 288 as
shown on the c~ty's mobility Plan are freeways Access to freeways shall only
be provided at designated interchanges
B On Street Parking One on street parking space for each s~ngle-f~mlly unit on a
block ~s required on the frontage street w~th~n that block Areas~n front of or
w~th~n 5 feet of a driveway, w~th~n 20 feet of a street intersecbon (pr w~thm 5 feet
of a fire hydrant shall not be counted toward the required on Street parking
Allowable configurations for on street parking are prowded ~n the Transportation
Cntena Manual and vary according to the street class~flcal~on When a
development contains or abuts a street that only allows parking ~)n one s~de or
hm~ts parking ~n specific areas due to traffic calming measures or other
reasons, prior to acceptance of the pubhc ~mprovements, the d~eveloper shall
pet~bon the C~ty to estabhsh an appropnate no parking zone for ttlat street
C Dedicated Pubhc Streets Required All roads which serve four (4) residential
un~ts or greater or any lots zoned for commercial or ~ndustnal ~ses, must be
dedicated to the pubhc and shall be developed to design standar~s estabhshed
by the C~ty of Denton Transportation Cntena manual Pubhc stre{~ts may not be
gated or barred from use by the general pubhc All roads, wh ch serve less
than four (4) res~denbal units, shall be paved to standards esta )hshed by the
Transportation Criteria Manual for Flag Dnves
D Ahgnment All streets as far as ~s pracbcal shall be ~n ahgnment w~th any
ex~st~ng streets by conbnuat~on of the centerhnes thereof TheI staggenng of
street ahgnment resulting ~n "T" ~ntersect~ons shall leave a m~mm.~m d~stance of
one hundred fifty (150) feet between the centerhnes of local s~reets and two
hundred (200) feet between the centerhnes of collector streets
E Intersections
(1 Street ~ntersect~ons shall be laid out according to the star~dards ~n the
Transportation cntena Manual ~nclud~ng ~ntersecbon angles, curb returns, and
property hnes
(2)~ Proper s~gnage and pavement markings shall be ~nstalled at ~n~ersect~ons by
the developer ~n accordance with the Transportabon Criteria ManUal
F Street Grade Street grades measured at the street centerhnelfor dedicated
streets and flag dnves shall be ~n accordance w~th the Standards ~set forth ~n the
Transportation Cntena manual ~
G Blocks
(1) General The length, w~dth, and shape of blocks shall be designed with due
regard to providing building sites for the use contemplated, cqns~derabon of
needs for convement and efficient vehicle, b~cycle and pede~tnan access,
c~rculatlon and control, safety of street traffic, and recogmbon of the hm~tat~ons
and opportumt~es of topography
(2) S~zes Blocks shall conform to the standards ~n the Transportation Cntena
Manual and hm~tat~ons based on street classifications unless~opograph~cal
conditions or man made barners jusbfy an exception as determlnled by the C~ty
Engineer The block dimensions shall be measured from street ROW to street
ROW, not ~nclud~ng any alley b~sect~ng the block
(3) Block w~dth Blocks shall have sufhc~ent w~dth to prowde for two (2) t~ers
of lots Double fronted lots shall be avoided except where essential to
prowde separation of residential development from major traffic artenes or
adjacent nonresidential act~wt~es or to overcome specific d~s~dvantages of
topography and orientation Through lots shall have a m~n~mum average depth
of one hundred ten (110) feet
(4) Floodplain Blocks shall be designed so that lots do not back up to a
Zone A or AE floodplain as defined by the Flood Insurance Rate Map Lots
shall be separated from these floodplains by a pubhc street and/or
bmycle/Pedestnan fac~hty
H Easements and R~ght of Ways
(1) Dedicated Streets Pubhc right of way shall be dedicated for all streets that
serve more than three residential umts or any commercial or mdustnal lot R~ght
of way w~dths, corner chps, and other geometnc requ~raments shall be as
adopted In the Transportation Criteria Manual R~ght of way w~dths or corner
chps ~n excess of those standards may be required as determined by the C~ty
Engineer ~f necessary to accommodate sloping back of the right of way, large
drainage fac~ht~es or a natural topographic feature
(2) Flag Drive Flag dnves shall be constructed w~th~n a private access easement
shown on the face of the plat The shape and s~ze of such easements shall be
~n accordance w~th the standards prowded ~n the Transportation Cntena
Manual
(3) Street Furmture and Transit Fac~ht~es Additional nght of way sh~ll be required
to prowde for street furniture and transit fac~ht~es as required bylother sections
of th~s code
(4) Ut~hty and Drainage Locations Ut~ht~es and drainage fac~ht~es shall be placed
under the paved portion of the right of way as shown ~n the Transportation
Criteria Manual Shared duct banks shall be prowded and constructed at the
same time as the subd~ws~on for all ex,sting dry utlht~es ~nclu~d~ng franchise
ut~ht~es and at least four condu~ts for future use
(5) All utlht~es and drainage faclht~es includ~ng franchise ut~htles are to be installed
under new pavement prior to pawng operet~ons
(6) If ut~hty or drainage crossings are to be ~nstalled underneath an,ex~stmg street
that has been constructed or reconstructed w~th~n the past 3 years or the street
~s an arterial or freeway, the crossing shall be installed by boring
(7) When ~t ~s necessary to cut an ex~st~ng street to tap a ut~hty hne or storm sewer,
patching shall be performed ~n accordance w~th the Transportation Cntena
Manual
J Vehicle tnps Any requirement or design standard of th~s section which ~s based
upon or determined ~n accordance w~th a specified number of ve~cle tnps, shall
be determined by the c~ty engineer in accordance w~th the latest edition of the
Trip Generation Manual, pubhshed by the Institute of Transportation Engineers
K Comphance w~th specifications
(1) All street improvements shall comply w~th the street design specifications, as
contained ~n the Transportation Cntena Manual which ~s adopted by reference
and ~ncluded ~n th~s Code the same as ~f set out at length ~n th~s s~ect~on
(2) All street ~mprovements shall be constructed m accordance W~th d~v~s~on II,
Materials, and d~v~s~on III, Methods, of the c~ty's Standard Spbc~f~cat~ons for
Pubhc Works Construction, North Central Texas council of Governments
(N C T C O G Standard Spec~fmat~ons), as amended by the City of Denton
Where any prows~on of th~s Code confhcts w~th a prows~on or requirement of
the N C T C O G Standard Specifications, the prows~ons of th~s Code shall
control
L Street capacity
(1) All developments shall prowde for those streets, Including ~nternal streets, the
~mprovement of ex~st~ng and new adjacent streets, the ~mprovement of ex~st~ng
and new offs~te streets and rights-of-ways to the standards, hsted ~n the
Transportation Cntena Manual or ~f necessary ~n excess of those standards ~f
the ~ncreased traffic to be generated by the property at full develepment" would
create less than a level of service D as defined ~n the Transportation Cntena
Manual Offs~te street improvements are to be provided to the extent that the
effects of additional traffic created by the development w~ll be m~tlgated and not
absorb ex~stmg street capacity on a f~rst come f~rst serve bas~s
(2) Any streets required by the prows~ons of th~s section shall also ~nclude any
drainage structures that are part of the street ~mprovements and :are necessary
to serve the development, ~n accordance w~th the drainage requirements of th~s
Code and the Drainage Cntena Manual In the case of rural/suburban streets,
no underground drainage ~mprovements, other than dnveway culverts and
cress drainage, shall be required Adequate borrow d~tches as described ~n the
Drainage Design Manual shall be provided
(3) To provide for future street ~mprovements, any development may elect, upon
the approval of the planning and zomng commission, to dedicate more street
nght-of-way than would otherwise be required for the development, ~n heu of
constructing the total street system otherwise required of the development by
th~s Code, when
a The additional right-of-way w~ll be needed for a proposed arterial street,
as shown on the c~ty's thoroughfare plan,
64
b Omitting the street ~mprovements that would otherw~se be required
would not substantially ~mpa~r the safe movement of traffic created by
the development, and
c The market value of the additional nghtoof-way would, as determined by
the c~ty engineer, be equal to or greater than the cos! of the street
~mprovements, which are to be omitted
M Perimeter streets
(1) Whenever existing streets adjacent to or w~th~n a tract are of ma~dequate w~dth,
additional right-of-way ~n accordance w~th the Transportation Qr~tena Manual
shall be prowded at the t~me of subd~ws~on All means of access to a
subd~ws~on shall be from ex~st~ng streets fully ~mproved to ¢~ty of Denton
standards, and which have the capacity to carry all anticipated traffic from the
development ~n accordance w~th the Transportation Cntena IManual or an
approved Traffic Impact Analys~s
(2) New perimeter streets If an artenal or collector street ~s prgposed by the
mobd~ty plan on, near or w~th~n the boundary of the devel(~pment or the
development creates the need for a new perimeter street, the development
shall prowde the port,on of the perimeter street ~nclud~ng right of way dedication
for which ~t reasonably creates the need, but ~n no case shall that port,on of the
street prowded be less than a pavement w~dth of twenty-flve~(25) feet plus
required b~cycle lane ~n the case of an artenal Mimmum right of way dedication
for new penmeter streets shall be sufficient to prowde the required amount of
pavement, the required parkway w~dth for the street classification as shown ~n
the Transportation Cntena manual, and an additional five feet to prowde for any
sloping needed between the pavement and the property I~ne of the
development All perimeter streets shall be prowded w~th curb amd gutter along
the s~de abutting the development If the penmeter street ~s ult~mlately proposed
to serve as a d~wded artenal street and the development ~s required to ~nstall
half of the arterial street, then curb and gutter shall be prowded en both s~des of
the perimeter street so as to prowde the curb for the future Imed~an of the
arterial street
(3) Ex,sting per~meter streets
a Any development on the per~meter of an ummproved perimeter street
shall dedicate the nght-of-way and ~mprove or reconstruct the street to
the same extent as ~s required for new penmeter streets, unless the
perimeter street has already been part~ally ~mproved, ~n which case the
development shall dedicate the additional nght-of-way~nd make the
additional street ~mprovements necessary to completelthe penmeter
street to the classification required For the purpose of th~s subsection,
an "ummproved penmeter" street shall mean a perimeter street which
does not have curb and gutter or which does not substantially comply
w~th the standards for street construction I~sted ~n the'Transportation
Cntena Manual or NCTCOG Specifications
b Where any development would be required by th~s Code,to improve an
existing ummproved perimeter street to less than ~ts full Iw~dth and the
c~ty's approved capital ~mprovements plan proposes impr(~vement of the
existing perimeter street to c~ty specifications w~th~n three (~3) years of the
date the required improvements are to be undertaken, the development
may elect, ~n lieu of making the required perimeter street rmprovements,
to pay to the c~ty prior to flhng the plat the total construction cost,
excluding engineering and design cost, of the required street
~mprovements The amount to be pa~d shall be determlrled by the c~ty
engineer, based on the actual cost of prowd~ng for the iml~rovements, as
shown in the most recent public bids for the same or similar type street
~mprovements If the money pa~d to the c~ty ~s not used for the required
improvements w~thln five (5) years of payment, the fends shall be
returned to the person making the payment In the event that the Plat ~s
not fded untd after the C~ty has entered a Contract w~th A contractor to
construct the subject street ~mprovements, the payh~ent by the
development ~s no longer required
(4) Exceptions to perimeter street requirements The provisions Of this section
requ~nng the ~mprovement of ex~stmg ummproved perimeter streets to c~ty
specifications for new streets shall not apply to the following
a A plat for a smgle-famdy residential lot, where such lot I~ not part of a
larger general scheme of development or subdlws~on of land containing
more than one (1) residential lot,
b A development that abuts less than one hundred (100) feet of an existing
perimeter street, where the ex~stmg off-site perimeter st~reet on e~ther
s~de of the abutting perimeter street ~s not ~mproved to c~ty specifications
and there are no proposals or plans for ~mprovements tol the perimeter
street on either side of the abutting perimeter street as ev~lenced by the
c~ty's capital ~mprovements plan or plats approved or pendlng approval,
c A development which
Is not required or does not propose to extend a c~ty water hne to
the property to serve the development, and
Is located more than e~ght thousand (8,000) feet fr6m an ex~st~ng
city water hne, measured along a straight hne frown the nearest
boundary of the development to the nearest water hhe, or
d A state or federal highway
(5) Off-site connecting streets Any perimeter street required to be ~mproved to
meet the specifications for new streets shall be connected to e~xlstmg off-site
streets m accordance w~th the horizontal design specifications ~shown in The
Transportation Criteria Manual adopted by reference ~n th~s Codethe same as
~f set out at length m th~s section
(6) Upon recommendation of the c~ty engineer, a required penmeter,street meeting
standards outhned in The Transportation Criteria Manual for a lural/suburban
street may be approved whenever
a The required perimeter street ~s for a residential development ~n Rural
D~stnct, as shown in the City's Future Land Use Plan,
b The development ~s not located ~n an area where the pattern or intens~ty
of development would create the need for improved urban drainage
fac~ht~es ~n the foreseeable future, and
c There are no ex,sting or proposed ~mproved drainage facllit~es, as shown
by the c~ty's capital ~mprovements plan or by plats approved or pending
approval, ~n such proximity to the development that would connect to or
receive the drainage waters from the required street drainage
~mprovements
N Improvements to ex~sbng off-site streets
(1) Developments generating less than 100 vehicles per~ day are not
required to make pavement ~mprovements to offs~te streets,, but shall be
required to participate ~n the cost of any proposed signal ~mprovements at the
nearest ~ntersect~on ~n accordance w~th the Transportabon Criteria Manual ~f
s~gnahzat~on ~n the future ~s expected
(2) Developments expected to generate at least 100 but I~ss than 1000
vehicle trips per day and less than 100 vehicle trips per hour at full
development shall ~mprove or repair connecbng off-site streets a~s necessary to
prowde a safe and adequate paved surface for the amount and type of traffic
generated by the development The off-site street ~mprovemdnts or repairs
need not meet the specifications for new streets, but shall be made to a
standard determined to be necessary by the c~ty engineer to I~rovlde for the
safe movement of vehicular traffic generated by the developmen~q, pursuant to a
distress rabng performed by the c~ty engineer in accordance with the
Transportation Cntena manual Off-site street ~mprovements shall not be
required to extend beyond the nearest ex,sting intersecting artel~al or collector
street indicated on the roadway component of the Mob~ht Plan Such
developments accessing an Artenal Street shall provide nght urn lanes ~nto
each entrance and left turn lanes ~nto each entrance that left turn s are possible
In addlbon, such developments shall be reqmred to participate ~n the cost of
any proposed s~gnal improvements at nearby ~ntersectlons detE rm~ned by the
C~ty Engineer ~n accordance w~th the Transportation Criteria Manual ~f
s~gnahzabon ~n the future is expected
(3) Developments generabng 1000 or more vehicle trips peqday or 100 or
more vehicle trips per hour shall provide offslte street ~mprovements as
determined by the C~ty Engineer ~n accordance with an approved Traffic Impact
Analys~s Offs~te improvements may ~nclude but are not hm~ted te ~nstallat~on of
turn lanes, pavement w~denlng, pavement reconstruction, s~gn~l construction,
~nstallat~on of pavement markings, s~gnage or equitable part~c~paIIon ~n the cost
of any of the hsted types of ~mprovements Such ~mprovements shall be
required to the extent that the effects of the increased traffic the development
generates will not reduce level of service of surrounding streets rather than
allowing absorption of ex~st~ng street capacity on a first come first serve bas~s
(4) Where any development would be required by th~s Code to improve an
ex~st~ng unimproved offs~te street to less than ts full wdth and the cty's
approved capital ~mprovements plan proposes ~mprovement (~f the ex~sbng
offs~te street to c~ty specifications w~th~n three (3) years of the date the required
~mprovements are to be undertaken, the development may elect, ~n heu of
making the required offslte street improvements, to pay to the city pnor to flhng
the plat the total construction cost, excluding eng~neenng and design cost, of
the required street ~mprovements The amount to be pa~d shall ~3e determined
by the c~ty engineer, based on the actual cost of providing for the
~mprovements, as shown in the most recent public bids for the same or s~mllar
type street ~mprovements If the money pa~d to the city ~s not used for the
required ~mprovements w~thln five (5) years of payment, the funds shall be
returned to the person or entity making the payment In the event that the Plat
~s not filed until after the C~ty has entered a Contract w~th a contractor to
construct the subject street ~mprovements, the payment by the development ~s
no longer reequ~red
O Adequate street access All developments shall prowde the n~cessary street
system to ensure that there ~s safe and adequate access to each lot w~th~n the
development ~n accordance w~th these standards, the Transportation Cntena
Manual and any other apphcable C~ty Ordinance
P No new streets shall be located w~th~n a zone A or AE Floodplain except for
approved crossings
Q Coord~nation with surrounding streets and connecbwty
(1) In accordance w~th the standards ~n the Transportabon Criteria Manual, and
using the connect~wty component of the Mob~hty Plan, the street system for
each development shall be connected w~th ex~st~ng, proposed ~nd anticipated
streets w~th~n and outside the development and shall be extended to the
property boundary of the subd~ws~on so as to provide for adequa'e access, and
the safe and effecbve movement and c~rculabon of traffic ~n accor ~ance w~th the
Mob~hty Plan Temporary dead end streets between phases of a subd~ws~on on
which there ~s located a building lot that does not have frontag(, on any other
street shall be developed w~th a temporary cul-de-sac designed ~n accordance
w~th the Transportation Cntena Manual which appendix ~s adopte by reference
and included ~n th~s Code the same as ~f set out at length in th~s section When
streets are extended to the property boundary any resulbng de~d-end streets
may be approved w~thout a temporary turnaround, however shall be prowded
w~th s~gnage ~nd~cat~ng that the street ~s ~ntended to be extende[I m the future
when adjacent property develops When adjacent property develbps, extension
of the street w~ll be reequ~red S~gnage requirements are p~owded In the
Transportation Criteria Manual
(2) When extending streets from an ex~sbng development ~nto a new development,
the street section shall remain the same as that ~n the ex~st~ng dlevelopment to
the f~rst intersecbon Requirements concerning block length land use versus
street sections and maximum traffic tnps are all apphcable ~n the extension of
ex~st~ng streets into a new development
R Medians
(1) When any development ~s required to provide more than one-halt of any arterial
street, a median shall be prowded ~n accordance w~th the Transportation
Criteria Manual
(2) Median Opemngs
a Median opemngs are to be spaced ~n accordance with the
Transportation Criteria Manual
b Whenever a median opening ~s constructed, the associated left turn lane
serving the development must be constructed at the same t~me In the
event that there is an ex~st~ng ~ntersect~ng street on the opposite s~de of
the street, the new development constructing the median opemng shall
be required to ~nstall both left turn lanes
c Required geometry for median openings ~s provided in the
Transportation Cntena Manual
d Patterned and Colored concrete nprap ~s required at med~an noses and
along the s~des of medians as ~nd~cated ~n the Transportation Criteria
Manual
S Traffic Calming Traffic calming devises are required at a m~mmum of two block
intervals (Generally a 1200 foot maximum spacing) but no lessI than 200 feet
apart on all neighborhood streets, Residential Avenues, and Mal~ Street M~xed
Use Collectors Types of devises and geometric requirements shall be In
accordance w~th the Transportation Criteria Manual Traffm calm~hg devises are
to be ~nstalled at the same t~me as the street
T Street names and s~gns
(1) Street names shall be assigned by the developer, subject to planning
and zomng commission approval, by placing the name on the f~nal plat Streets,
which are to be ~n ahgnment w~th existing streets, shall be g~ven the same
name Names shall be sufficiently d~fferent in sound and spelling so as not to
cause conflict or confusion with other streets w~th~n the C~ty or Extra Terntonal
Jurisdiction Street names and numbers shall conform to the estabhshed
pattern for the C~ty of Denton and shall be subject to the approval of the
Building Offm~al
(2) Street name and operational slgnage shall be prowded by the developer
for all ~ntersect~ons and streets w~th~n or abutting the developmbnt pnor to the
acceptance of any street The s~gns shall be constructed, ~n accordance w~th
written spec~fmat~ons ~n the Transportation Criteria Manual
U Pavement Markings and Slgnage All pavement markings and s~gnage required
to properly d~rect and separate traffic at ~ntersecbons, changffs ~n w~dth or
ahgnment, at traffic calming locations or other location where ~t ~s necessary to
d~rect traffic w~th~n, adjacent or near the development as a, result of the
development shall be ~nstalled by the developer ~n accordance w~th the Manual
of Umform Traffic Control Devises and the Transportabon Criteria Manual
V Texas Department of Transportation (TxDOT) Permits Perm~ts~for new street
connections to TxDOT roads must be obtained prior to approval of a final plat
on the subject property All other required TxDOT Permits mu~t be obtained
prior to construcbon of the ~mprovement ~t ~s ~ntended for
II Pedestnan/B~cycle Facd~ty Standards
All developments shall prowde for the pedestrian and b~cycle facd~beS necessary to
serve pedestnan/b~cycle traffic to, from or across the development ~n accordance w~th
the Transportation Criteria Manual and the B~cycle/Pedestnan component of the
Mobd~ty Plan
A Types of Facd~t~es
(1) S~dewalk Intended for the use of pedestrian traffic only and located
outside of the street pavement S~dewalks are required along, neighborhood
streets, and arterial streets Required geometry, Iocabons and materials shall
be in accordance w~th the Transportation Cntena Manual
(2) On Road B~cycle Facd~bes Intended for the use of bicycle traffic only
and required within the street pavement on arterial streets and where shown ~n
accordance w~th the B~cycle/Pedestnan Component of the Mobd~ty Plan
Required geometry, location and matenals shall be ~n accordance w~th the
Transportabon Criteria Manual
(3) Off Road Combination Pedestnan and B~cycle Facd~bes Intended for the
use of bicycle and pedestnan traffic, located outside of the street pavement
These fac~hbes are required along collector streets, freeways and where shown
~n accordance w~th the B~cycle/Pedestnan Component of the Mobd~ty Plan
Required geometry, Iocabon and matenals shall be ~n accordance w~th the
Transportabon Cntena Manual
B All developments shall, w~th~n a dedicated nght-of-way or easement, prowde
s~dewalks and/or b~cycle fac~hbes designed and located ~n accordance w~th the
transportation Cntena Manual and street classification along both s~des of all
streets within the development, between the ends of courtyard streets/cul de
sacs and s~dewalks w~th~n adjacent nght of ways or open space, along one (1)
s~de of all perimeter streets and as shown on the Pedestnan Component of the
Mobihty Plan, except as follows
(1) A development, which ~s excepted from making penmeter street ~mprovements
~n accordance w~th subsection 1) M 4 c of th~s secbon shall not,be required to
~nstall a s~dewalk or b~cycle facd~ty along that perimeter street
70
(2) Where unplatted property ~s required to be platted ~n order to obtain a building
permit to make any improvements to an ex~st~ng building or to~ construct any
additional building to be located on the property, a s~dewalk orl b~cycle fac~hty
shall not be required along an ex~sbng perimeter street if
a The perimeter street ~s not required to be ~mproved ~n accordance w~th
th~s Code,
b The building improvements would not result ~n an increa~se in the floor
area of the existing building or buildings by more than ten (10) percent,
c The building ~mprovements are to be located on the same tract or tracts
of land, as descnbed by recorded deed in the real property records of
the county, on which the ex~st~ng building or any ex~st~ng ,~mprovements
to serve the existing building are located, and
d The building improvements w~ll not require the construct~oa of additional
parking spaces to meet the requirements of the zoning ordinance
(3) Sidewalks or bicycle faclht~es shall not be required for a replat of property
zoned for s~ngle-fam~ly residential use if the preceding plat covenng the same
property did not require s~dewalks or b~cycle faclht~es and a zoning change to a
non single family residential use ~s not anticipated
C Where the developer who would otherwise be required to ~mprove an existing
un~mproved perimeter street to c~ty specifications elects to pay ~to the c~ty the
cost of the required ~mprovements as prowded for in subsection 1) M 3 b of this
section, the developer may hkew~se elect to pay to the c~ty the cost of any
required sidewalk or b~cycle fac~hty ~mprovements for that street If the money
pa~d for the s~dewalk or bicycle faclhty ~mprovements ~s not,used for that
purpose w~thln f~ve (5) years of payment, the funds shall be returned to the
person making the ~mprovements
D Escrow agreement alternative Should the public improvements required by th~s
chapter, other than s~dewalks or off road b~cycle/pedestnan fac~hbes be
completed by the contractor or developer, the developer maY, ~nstead of
constructing s~dewalks or b~cycle/pedestnan fac~htles along th'e frontage of
residential (single family or duplex) lots In the development,, deposit cash
money in the amount of Twenty five (25) percent of the cost of (~omplet~ng the
s~dewalks or blcycle/pedestnan faclht~es or six hundred dollars ($600 00),
whmhever Is greater, with a bank or title company as escrow agent pursuant to
an approved escrow agreement
(1) The form and prowslons of the escrow agreement shall be approved by the c~ty
engineer and c~ty attorney to ~nsure the complebon of the s~dewalks or b~cycle
faclht~es w~th~n three (3) years of the acceptance by the city of tile other pubhc
~mprovements ~n the development The escrow funds w~ll partially guarantee
the construction of the sidewalks and b~cycle fac~ht~es by the builders ~n the
development
?!
(2) If the s~dewalks or b~cycle/pedestnan fac~hbes are not completed :by the builders
and accepted by the c~ty within three (3) years of the acceptance by the c~ty of
other pubhc ~mprovements ~n the development, the developer :shall have the
opbon to complete the construction of s~dewalks and/or b~cycle/pedestnan
fac~htles ~n the development and the escrow funds shall be released to the
developer upon acceptance of the s~dewalks and/or bicycle/pedestrian faclht~es
by the c~ty Upon approval by the c~ty engineer, the developer m~y make part~al
draws against the escrow funds once at least e~ghty-flve (85):percent of the
s~dewalks and/or b~cycle/pedestnan fac~hbes ~n the subdwls~on~ are complete,
provided that sufficient funds remain ~n the account to complete, the remainder
of the s~dewalk and/or bicycle/pedestrian faclhty construction This provision ~s
an exception to the requirements of secbon 35- XX of th~s chapter
(3) Should the developer elect not to complete the sidewalks and/or
bmycle/pedestnan fac~ht~es, the c~ty may ubhze the escrow funds to complete
the construction Should the escrow funds be ~nsuffic~ent to complete
construction per the c~ty's standards, the c~ty may ubhze the rema~mng escrow
funds to perform imt~al grading or to install temporary asphalt sidewalks or
bicycle/pedestrian fac~hbes
(4) A builder or owner of ~mprovements upon a residential lot shall not be granted
occupancy until the s~dewalk and/or b~cycle/pedestnan fac~hty ~n front of such
lot has been completed and accepted by the c~ty
E Crosswalks Crosswalks shall be provided wherever a pedestrian or bicycle facility
crosses a pubhc street or alley In addition, crosswalks are required at
perimeter streets adJacent to the development wherever a sidewalk or b~cycle
fac~hty ~ntersects a perimeter street Crosswalks shall be the same w~dth as the
pedestrian or bicycle facility and be designated by the use of alternabve paving
materials prowd~ng a contrasting color and texture from that of the street
F Connecbwty Where s~dewalks or bicycle faclht~es have been stubbed out to the
boundary of a development, the adjacent development shall be reqmred to
connect to and extend that fac~hty into the development to the extent required
by th~s code
G Compliance w~th specifications
(1) All s~dewalk and b~cycle fac~hty ~mprovements shall comply with the design
spec~flcabons, as contained in the Transportabon Criteria Manual which is
adopted by reference and ~ncluded ~n this Code the same as ~f set out at length
~n th~s section
(2) All s~dewalk and bicycle ~mprovements shall be constructed in accordance w~th
dlws~on II, Materials, and d~v~slon III, Methods, of the c~y's Standard
Specifications for Pubhc Works Construcbon, North Central Texas council of
Governments (N C T C O G Standard Specifications), as amended by the City
of Denton Where any provision of th~s Code confhcts with a provision or
requirement of the N C T C O G Standard Specifications, the provisions of th~s
Code shall control
72
II Driveway Standards
A Definitions The following words, terms and phrases, when used~n th~s section,
shall have the meamngs ascnbed to them ~n th~s subsection, except where the
context clearly mdmates a d~fferent meaning
(1) Department means the Engineering Department
(2) Dnveway means that portion of the parking lot that consists of a travel lane
opemng onto a pubhc street
(3) Permit means a driveway permit as required ~n Chapter 35-XX
B Comphance required After the effective date of the ordinance from which th~s
section ~s derived, no person shall construct, reconstruct, replace, relocate,
alter, enlarge, ~mprove or perform any work on or make use of any dnveway for
any property w~th~n the c~ty for which a permit ~s required under Chapter 35-XX,
except ~n accordance w~th the requirements of th~s section and ~n accordance
w~th the Transportation Cntena Manual All driveways shall be designed,
~nstalled, located and constructed ~n accordance w~th the approved
specifications, plans, conditions and requirements of the permit issued for the
property and the requirements of th~s section No cert~hcate of occupancy shall
be ~ssued for any building on any property for which a permit ~s reequ~red, until
the construction, ~mprovements, alterations or other work covered by the permit
~s completed ~n accordance w~th the permit ~ssued, the requirements of th~s
section or the prows~ons of any other apphcable ordinance Where no building
permit was required in connection w~th the requested permit, no driveway on
the property for which the permit was issued shall be used until and unless the
work ~s completed ~n accordance with the permit and th~s Code
C Closing Driveways Where the closing or relocating of one (1) or more ex~st~ng
driveways or portions thereof ~s necessary to comply w~th th~s section or a
permit ~ssued under Chapter 35-XX, access shall be closed by the removal of
the existing driveway approach and the ~nstallatlon of curb and gutter along the
gutter hne of the street, all ~n accordance w~th c~ty spec~f~cat~ons~ If there ~s no
existing curb and gutter on the street, the dnveway shall be closed ~n the
manner specified by the c~ty engineer
D Access to artenal streets Access to an artenal street shall not be permitted
unless there ~s no other reasonable means of prowd~ng safe access to the
property
(1) No development shall be allowed access to an arterial street if property
excluded from the development could have been used to provide reasonable
access to a lesser classified street or ~f the property has been prewously
subd~wded ~n wolat~on of state law or c~ty ordinance ~f access could have been
provided to a lesser street except for such unapproved subd~ws~on of the
property
(2) Existing commercial or ~ndustnal lots created pnor to adopbon of th~s code by
legal subdivision procedures w~th exclusive frontage on an artenal street may
take access to the artenal in accordance w~th the access standards ~n the
Transportation Cntena Manual
(3) Ex~st~ng s~ngle family and two family lots created pnor to adoptlqn of th~s code
by legal subdivision procedures w~th exclusive frontage on anI arterial street
may be developed w~th a c~rcular drive Such driveway shall beldes~gned and
constructed ~n accordance w~th standards for c~rcular dnves provided ~n the
Transportation Criteria Manual
(4) When dnveway access to an artenal street ~s the only reasonable means of
providing safe and adequate access to the property as determined by the C~ty
Engineer, the driveway design, number of dnveways, location an'd construcbon
shall be ~n accordance w~th the Transportation Cntena Manual
(5) Driveways on an arterial shall ahgn w~th ex,sting median openings, other
driveways, and "T" ~ntersectlons or be offset ~n accordahce with the
transportation Criteria Manual
F Access to Freeways Access to freeways shall only be prowded at
~nterchanges Access to frontage roads may be provided ~n accordance w~th the
standards for access to artenal streets ~n the transportation Criteria Manual
G Access to Collector Streets
(1) Access to collector streets for commercial, office, or industrial development ~s
required and shall be designed and constructed ~n accordance w~th the
standards prowded ~n the Transportation Criteria Manual
(2) No s~ngle or two family lot shall be designed such that there ~s no other means
of access other than a collector street
(3) Ex, sting s~ngle family and two family lots developed pnor to approval of this
code w~th exclusive frontage on a collector street and no alley may be
developed with a circular drive Such driveways shall be designed and
constructed ~n accordance w~th the standards for c~roular drives provided ~n the
Transportation Criteria Manual
(4) Driveways on a collector street shall align with ex~sbng driveways and "T"
intersections on the opposite s~de of the street, or shall be offset in accordance
w~th the Transportabon Cntena Manual
H Separabon of driveways Driveways shall be separated ~n accordance w~th the
Transportation Cnterla Manual to ensure that all dnveways arelseparated by
sufficient d~stance so as to avoid interfenng w~th the safe movement of traffic In
~nterprebng and applying the separabon requirements, the fo owing sha apply
(1) The separabon requirements shall be determined in reference to any proposed
or existing driveways on or off the property Where applied to a property, which
~s located adjacent to an undeveloped tract, the separation requirements shall
74
account for the placement of future dnveways on the adJacent undeveloped
property
(2) The m~mmum separation specified may be reduced for currently developed
property ~f the amount of street frontage for the property ~s ~nsuffic~ent to allow
for one (1) driveway access that would have the necessary separabon from an
ex~st~ng driveway on adjacent property and joint access ,w~th adJacent
properties is not possible as determined by the C~ty Engineer I~ a reduction m
the m~n~mum separation specified ~s allowed, the separation shall be reduced
only to the degree necessary to allow for the s~ngle driveway
(3) The separabon d~stances specified shall be measured from the nearest edge of
each driveway at the r~ght-of-way I~ne
J Corner clearance standards Corner clearance standards shall be applied ~n
accordance w~th the Transportation Cntena Manual To ensure ,that the traffic
movements from dnveways do not unduly conffict w~th the movement of traffic
on ~ntersect~ng public streets In ~nterpret~ng and applying the standards, the
following shall apply
(1) A reduced requirement may only be used ~f absolutely necessary to provide
driveway access to property where no other means of access meeting the
corner clearance requirement ~s reasonably possible
(2) The specified d~stances shall be measured at the nght-of-way I~ne from the
edge of the driveway nearest the ~ntersect~ng street to the r~ght-of-way line of
the intersect~ng street Where right of way corner cl~ps exist or are proposed,
the specified d~stance shall be measured from the edge of the driveway nearest
the ~ntersecbng street and the end of the corner cl~p nearest to the subject
dnveway
K Driveway w~dths and grades Driveway w~dths and grades shall be designed in
accordance w~th the Transportation Cntena Manual
L Compliance w~th specifications
(1) All driveway improvements shall comply w~th the design specifications, as
contained ~n the Transportabon Cntena Manual which ~s adopted by reference
and ~ncluded ~n th~s Code the same as ~f set out at length in th~s secbon
(2) All driveway ~mprovements shall be constructed ~n accordance with d~vlslon II,
Materials, and dlws~on III, Methods, of the c~ty's Standard Specifications for
Public Works Construction, North Central Texas council of Governments
(N C T C O G Standard Spec~flcabons), as amended by the C~ty of Denton
Where any provision of th~s Code conflicts with a prowslon or requirement of
the N C T C O G Standard Specifications, the provisions of th~s Code shall
control
75
IV Pubhc Transit
All developments shall provide for the transit facilities necessary to serve residents,
ws~tors, customers and employees of the development ~n accordance w~th the
Transportation Criteria Manual and the Transit component of the Mob~hty Plan
A Types of Facilities
(1) Major Bus Stops An area along a street or ~nslde a development
designed to allow busses or vans to stop to load or unload passengers A major
bus stop ~ncludes, a paved loading area, s~gnage and a shelter wlth seating and
may Include addlbonal street pavement to prowde a pull out Geometnc and
matenal reqmrements shall be as described ~n the Transpottabon Criteria
Manual
(2) M~nor Bus Stops An area along a street or ~ns~de a development
designed to allow busses or vans to stop to load or unload passet~gers A m~nor
bus stop ~ncludes, a paved loading area, s~gnage and seabng and may ~nclude
additional street pavement to prowde a pull out Geometric, and matenal
requirements shall be as described ~n the Transportation Criteria Manual
(3) Park & R~de A facility designed to provide parking and transfer from one
mode of transportation to another These facilities are to be located ~n Regional
M~xed Use Centers and ~n the Downtown Umvers~ty Core D~str~ct as shown on
the Future Land Use Plan Proposed general Iocabons for these fac~l~bes are
shown on the Transit Component of the Mobility Plan These fac~l~bes shall
~nclude sufficient parking for motorized vehicles and b~cycles, shelter, seabng,
restroom facilities, and an ~nformabon area
B Location of Bus Stops Major bus stops shall be prowded on Arterials or
collector streets at ~ntersect~ons of arterial streets, or Artenal and Collector
Streets but no closer than ¼ m~le apart M~nor bus stops shall be prowded on
Artenals and collector streets at the ~ntersecbons of collectors and
~ntersecbons, which include a local street ~f there ~s not an arte~t~al or collector
~ntersecbon ex~st~ng or proposed w~th~n a ¼ m~le d~stance along the street Bus
stops shall be located on the approaching s~de of the ~ntersect~on The C~ty
Engineer w~ll determine which and how many quadrants of an ~ntersect~on a
bus stop w~ll be required
C Pull Outs Pull out lanes w~ll be reequ~red ~n conjuncbon w~th any bus stops along
any street where the posted speed I~m~t ~s more than 40 m~les per hour
D Payment in Lieu of Construction Where a development would be required by
th~s code to prowde a bus stop or stops, and the proposed development ~s not
on an ex~sbng bus route, the developer may ~n lieu of prowdlng signage, shelter
and seating prowde cash payment equal to the cost of such ~tems to the City of
Denton for future construction of the fac~hty In these ~nstances, the developer
shall st~ll prowde the additional street pavement for a pull out ~f reequ~red, a
concrete loading area and a concrete pad adjacent to the s~dewalk for a future
shelter or seating ~n accordance w~th the Transportabon Criteria Manual
E Parbc~pat~on funding for Park and Rides Developments generabng 1000
vehicle tnps per day or more that are located w~th~n or adjacent to a regional
Mixed Use Center or the Downtown University Core D~stnct may partm~pate ~n
the funding of the proposed park and nde for that d~stnct as shown on the
Transit Component of the Mob~hty Plan ~n heu of prowd~ng a iPorbon of the
required offs~te traffic ~mprovements ~dent~fled by a review of thel Traffic Impact
Analys~s (TIA) Part~c~pabon shall be prowded by a cash payment to the C~ty of
Denton to be used for future construction of the fac~hty The developer at the
d~scret~on of the C~ty Engineer may donate a port~on up to ~ of the monetary
value of the required offs~te ~mprovements for park and nde facilities If located
appropriately, the C~ty ~nstead of cash parbc~pabon may accept donabon of land
for the faclhty The remainder of the required offs~te traffic ~mprovements w~ll be
provided ~n accordance with the recommendabons based on the'TIA rewew In
the event that the park and nde faclhty ~s already constructed, th~s prows~on w~ll
not apply to developments ~n or adjacent to that d~stnct
F Development adJacent to Park and R~de All developments adjacent to an
~denbfled park and nde fac~hty are required to prowde vehmular, pedestrian and
bmycle hnkages to the park and nde fac~hty from the development
G Comphance w,th spec~flcabons
(1) All transit ~mprovements shall comply w~th the design spec~flcabons, as
contained ~n the Transportation Cntena Manual which ~s adopted by reference
and ~ncluded in th~s Code the same as ~f set out at length ~n thru section
(2) All transit ~mprovements shall be constructed ~n accordance w~th d~v~s~on II,
Materials, and d~ws~on III, Methods, of the c~ty's Standard Specifications for
Pubhc Works Construction, North Central Texas council of Governments
(N C T C O G Standard Specifications), as amended by the City of Denton
Where any prows~on of th~s Code confhcts w~th a provision or requirement of
the N C T C O G Standard Specifications, the provisions of this Code shall
control
77
Attachment 7
Release a~d Notification
November 6th Public Review Materials Released
October 27th Public Notifications Mailed
October 27th Notice of Meetings Posted
January 7* Legal Notices Pnnted in DR-C
October 31st Media Release
November 1st Newsletter in DR-C
Open Houses and Neighborhood Meetings
November 9th 7pm Neighborhood Meeting Kickoff Lee Elementary
November 11th 10am-2pm Open House Kickoff (FCA) Calhoun M~ddle Sch
November 13th 7pm Neighborhood Meeting Sam Houston Elem
November 16th 9am-Noon Open House C~wc Center
November 20th 7pm Open House Northlakes Rec Center
Novembe~ 27ih 7pm Neighborhood Meeting Hodge Elem
November 30th 7pm Neighborhood Meeting McNmr Eletn
December 2nd 10am-2pm Open House Calhoun M~ddle Sch
December 4th 7pm Neighborhood Meeting Wilson Elem Sch
December 7th 7pm Open House Dema Rec Center
December 11th 7pm Open House MLK Rec Center
December 14th 7pm FINAL Open House (FCA) Calhoun Middle Sch
Board Mectmgs
December 4th 8 30am Public Utlhtles Board Service Center
December 18th 4pm Board of AdJustment Council Chambers
Planning Commission
September 13th 6pm Work Session Completed
October-November 6pm Periodic Updates Council Chmnbers
January 24th 6pm Pubhc Heanng Council Chambers
February 7~h 6pm Recommendation to Councd Council Chambers
City Colm¢11
SePtember 15th l Oam-Spm Work Session Completed
October -January 6pm Periodic Updates Council Chambers
January 23rd 6pm Work Session-Comment Update Council Chambers
February 9th 9am-5pm Work Session Work Session Room
February 20th 6pm Pubhe Heanng Council Chambers
February 27th 6pm Work Session Work Session Room
March 6th 6pm Adoptmn Council Chambers
Other Meetings Currently Scheduled
November 9th 7am Chamber of Commerce Chamber Offices
November 16th 7am Chamber of Commerce Chamber Offices
November 30th 7am Chamber of Commerce Chamber Offices
December 7th 7am Chamber of Commerce Chamber Offices
December 14th 7am Chamber of Commerce Chamber Offices
78