HomeMy WebLinkAboutSeptember 03, 2002 AgendaAgenda 02-029 09/03/02
AGENDA
CITY OF DENTON CITY COUNCIL
September 3, 2002
After determining that a quorum is present, the City Council will convene in a Work Session on
Tuesday, September 3, 2002 at 5:00 p.m. in the Council Work Session Room at City Hall, 215
E. McKinney Street, Denton, Texas at which the following items will be considered:
Receive a report, hold a discussion and give staff direction regarding wastewater service
in the Clear Creek and Milam Creek Basins.
2. Receive a report, hold a discussion and give staff direction regarding Solid Waste
Ordinance revisions.
Receive a report and hold a discussion regarding the City of Denton Mosquito Control
Program.
Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of September 3, 2002.
Regular Meeting of the City of Denton City Council on Tuesday, September 3, 2002 at 6:30 p.m.
in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
Pledge of Allegiance
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag -- I pledge allegiance to thee, Texas, one and indivisible."
PROCLAMATIONS/PRESENTATIONS
2. Proclamations
Presentation by Keep Denton Beautiful, Inc. to the Denton Parks and Recreation
Department, the Denton Independent School District, Safety-Kleen, Inc., and Ruthanne
Thompson with environmental awards given by Keep Texas Beautiful in their annual
statewide competition. Each winner was previously recognized in July at the Annual
Keep Texas Beautiful Conference in San Antonio.
4. Recognition of staff accomplishments.
CITIZEN REPORTS
5. Receive citizen reports from the following:
A. Carl Young, Sr. regarding various issues with the City.
B. Ross Melton regarding the budget, Melton lawsuits, Code Enforcement, and
lawyers.
C. Dessie Goodson regarding code enforcement, tax abatements and city
transportation.
City of Denton City Council Agenda
September 3, 2002
Page 2
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids, purchase orders, contracts, and other items to be approved under
the Consent Agenda (Agenda items 6-35). This listing is provided on the Consent Agenda to
allow Council Members to discuss (r withdraw an item prior to approval of the Consent Agenda.
if no items are pulled, Consent Agenda items 6.35 below will be approved with one motion, if
items are pulled for separate discussion, they will be considered as the First items following
approval of the Consent Agenda.
Consider adoption of an ordinance authorizing the City Manager to execute a
Professional Services Agreement (PSA) with HDR Engineering, inc. for the Engineering
Design of the US 377/Ft. Worth Drive Railroad Bridge Replacement as set forth in the
contract; and providing an effective date (RFP 2860 - Professional Services Agreement
for Engineering Design of US 377 awarded to HDR Engineering, inc. for a total amount
of $513,303).
Consider adoption of an ordinance accepting competitive bids and awarding a public
works contract for the construction of the Gayla Bridges Street Paving; providing for the
expenditure of funds therefore; and providing an effective date (Bid 2855 - Gayla
Bridges Street Paving awarded to Jagoe-Public Co. in the amount of $89,798).
Consider adoption of an ordinance accepting competitive bids and awarding a public
works contract for the construction of the Loop 288 42" and 36" Water Transmission
Lines; providing for the expenditure of funds therefore; and providing an effective date
(Bid 2872 - Loop 288 42" and 36" Water Transmission Lines awarded to the lowest
responsible bidder in the base bid amount of $2,132,782.60 plus Alternates A and B in
the amount of $27,500 for a total amount of $2,160,282.60).
Consider adoption of an ordinance accepting competitive bids and awarding a public
works contract for the construction of the Northwest Elevated Storage Tank Supply Line
project; providing for the expenditure of funds therefore; and providing an effective date
(Bid 2874 - Northwest Elevated Storage Tank Supply Line awarded to Texas Electric
Utility Construction, inc. in the amount of $344,825.74).
10.
Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
his designee to execute a purchase order with the Houston-Galveston Area Council of
Governments (H-GAC) for the acquisition of semi-automated recycling carts by way of
an Inteflocal Agreement with the City of Denton; authorizing the expenditure of funds
therefore; and providing an effective date (inteflocal Agreement - Purchase Order
106474 to H-GAC in the amount of $594,585).
City of Denton City Council Agenda
September 3, 2002
Page 3
11.
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for
the purchase of printing, typesetting, distribution and advertisement sales for the Parks and
Recreation Department's PLAY Seasonal Brochure; providing for the expenditure of funds
therefore; and providing an effective date (Bid 2871 - P.A.R.D. Seasonal Brochures
awarded to the lowest bidder for each section in the gross amount of $39,912.85 less
$12,000 (Estimated Ad Revenue) for a net estimated cost of $27,912.85).
12.
Consider approval of a resolution allowing Mi Casita Restaurant to be the sole participant
allowed to sell alcoholic beverages at the Fuego Y Alma Event on September 28, 2002,
upon certain conditions; authorizing the City Manager or his designee to execute an
agreement in conformity with this resolution; and providing for an effective date.
13.
Consider approval of a resolution of the City of Denton, Texas approving revised city
policies regulating Nepotism Policy for the City of Denton employees; and declaring an
effective date.
14.
Consider approval of a resolution of the City of Denton, Texas approving revised city
policies regulating Disciplinary Appeal Policy for the City of Denton employees; and
declaring an effective date.
15.
Consider approval of a resolution of the City of Denton, Texas approving revised city
policies regulating Military Service Leave Policy for the City of Denton employees; and
declaring an effective date.
(Items 16-35 are items that support the proposed 2002-2003 budget and have been
previously considered in budget work sessions)
16.
Consider adoption of an ordinance of the City of Denton, Texas amending the Schedule
of Rates contained in Ordinance No. 2001-337 for electric service; providing for a
repealer; providing for a severability clause; and providing for an effective date.
17.
Consider adoption of an ordinance amending the Schedule of Water Rates contained in
Ordinance No. 2001-334 for Water Service and Water Rates; amending the Wholesale
Raw Water Service Rate to Upper Trinity Regional Water District (Schedule WRW);
deleting the Miscellaneous Fees Schedule; providing for a repealer; providing for a
severability clause; and providing for an effective date.
18.
Consider adoption of an ordinance amending the Schedule of Wastewater Rates
contained in Ordinance No. 2001-335 for Wastewater Service; amending the Compost
and Wood Mulch Schedule to add a new compost product (Schedule CWM); amending
the charges for uncontaminated grass/brush/leaves and adding a minimum charge
(Schedule GBL); adding the provision of the scheduled respecting the Storm Drainage
Fee (Schedule SD) contained in Ordinance No. 2002-019; providing for a repealer;
providing for a severability clause; and providing for an effective date.
City of Denton City Council Agenda
September 3, 2002
Page 4
19.
Consider adoption of an ordinance of the City of Denton, Texas amending the Schedule of
Rates for Solid Waste Service contained in Ordinance Numbers 2001-333 as authorized by
Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the
provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances
of the City of Denton, Texas shall expressly apply to City of Denton Solid Waste Service;
revising the application for Rate SWR, deleting the surcharge from the residential solid
waste collection service and re-assigning the surcharge to the residential solid waste
collection services rate, establishing the charges for containerized residential cart service,
amending the charges for minimum billing/base rate service upon condition and application
amending the charges for landscape waste, adding the charges for residential construction
materials (Schedule SWR); establishing the rate for residential curbside recycling and
processing services; exception to imposition of rate (Schedule SWRR); establishing the
residential financial need service discount (Schedule SWRD); increasing service charges for
commercial front-load and side-load containers, amending the charges for commercial cart
service, adding hand-collected commercial service, increasing the rental charge for
temporary container service, decreasing the commercial minimum rate, establishing a
minimum service requirement for temporary containers, deleting the surcharge from the
commercial and institutional solid waste collection service and re-assigning the surcharge to
the commercial and institutional solid waste collection service rate, amending the number of
bulky items collected from permanent service customers at no additional charge, amending
the commercial deposit requirements (Schedule SWC); establishing a minimum landfill
charge, establishing an off-road fire charge, amending the landscape waste charges,
expanding the inert materials rate to include brick/block, increasing the unsecured load
charge (Schedule SWL); providing for a repealer; providing for a severability clause; and
providing for an effective date.
20.
Consider adoption of an ordinance of the City of Denton, Texas providing for the
Schedule of Miscellaneous Fees, Deposits, Billings and Procedures for administrative
services to City customers and taxpayers contained in Ordinance No. 2001-336;
amending the electric and water connection charge to include electric service requested
after business hours charge and water service requested after business hours charge;
amending the delinquent service charge to include a reconnect charge after business
hours; adding unauthorized usage penalty; changing the name of the meter reading and
test charges rate schedule to meter charges; adding a meter tampering and/or damage
charge; adding meter inaccessibility charge; amending the service deposits for
commercial customers to require deposit if service discontinued for non payment; adding
a late payment charge due on delinquent balances; adding an interest charge on past due
balances; providing for a repealer; providing for a severability clause; and providing for
an effective date.
21.
Consider adoption of an ordinance approving an Interlocal Ambulance Agreement between
the City of Denton and the City of Krum for ambulance services; and declaring an effective
date.
22.
Consider adoption of an ordinance approving an Inteflocal Ambulance Agreement between
the City of Denton and the City of Sanger for ambulance services; and declaring an effective
date.
City of Denton City Council Agenda
September 3, 2002
Page 5
23.
Consider adoption of an ordinance approving an inteflocal Ambulance Agreement
between the City of Denton and the City of Ponder for ambulance services; and declaring
an effective date.
24.
Consider adoption of an ordinance amending Section 22-38 of Chapter 22 (Parks and
Recreation) of the Code of Ordinances of the City of Denton, Texas, relating to facility
and program fees by adopting a schedule of fees; repealing all fees in conflict with such
schedule; repealing Ordinance No. 99-311 and all ordinances in conflict with the new
schedule of fees; and providing an effective date.
25.
Consider adoption of an ordinance approving the calendar year 2003 ("CY2003")
budgets for the use of hotel tax revenue by the Greater Denton Arts Council, The Denton
Chamber of Commerce, and the North Texas State Fair; and providing an effective date.
26.
Consider adoption of an ordinance authorizing the Mayor to
between the City of Denton and the Denton Black Chamber
payment and use of hotel tax revenue; and providing an effective date.
execute an agreement
of Commerce for the
27.
Consider adoption of an ordinance authorizing the Mayor to execute an agreement
between the City of Denton and the Denton Community Theatre for the paymem and use
of hotel tax revenue; and providing an effective date.
28.
Consider adoption of an ordinance authorizing the Mayor to execute an inteflocal
agreement between the City of Denton and Denton County for the payment and use of
hotel tax revenue in support of the Bayless-Selby House and the Courthouse-on-the
Square Museums; and providing an effective date.
29.
Consider adoption of an ordinance authorizing the Mayor to execute an agreement
between the City of Denton and the Denton Festival Foundation for the payment and use
of hotel tax revenue; and providing an effective date.
30.
Consider adoption of an ordinance authorizing the Mayor to execute an agreement
between the City of Denton and the Denton Holiday Festival Association, inc. for the
payment and use of hotel tax revenue; and providing an effective date.
31.
Consider adoption of an ordinance authorizing the Mayor to execute an agreement
between the City of Denton and the Tejas Storytelling Association, inc. for the paymem
and use of hotel tax revenue; and providing an effective date.
32.
Consider adoption of an ordinance adopting the budget of the City of Denton, Texas for
the fiscal year beginning October 1, 2002, and ending September 30, 2003; and declaring
an effective date.
33.
Consider approval of a resolution adopting the first year of the Capital improvemem Plan
proposed by the Planning and Zoning Commission and Public Utilities Board; and
providing an effective date.
City of Denton City Council Agenda
September 3, 2002
Page 6
34.
Consider adoption of an ordinance levying the ad valorem tax of the City of Denton,
Texas, for the year 2002, on all taxable property within the corporate limits of the city on
January 1, 2002, not exempt by law; providing revenues for payment of current
municipal expenses, and for interest and sinking fund on outstanding City of Denton
bonds; providing for limited exemptions of certain homesteads; providing for
enforcement of collections; providing for a severability clause; and providing an effective
date.
35.
Consider adoption of an ordinance of the City of Denton, Texas, approving the 2002 Tax
Rolls; and providing an effective date.
PUBLIC HEARINGS
36.
Hold a public heating and consider adoption of an ordinance rezoning approximately
0.33 acres from a Downtown Residential 1 (DR-l) zoning district to a Downtown
Residential 2 (DR-2) zoning district. The property commonly known as 918 Avenue A,
is generally located at the northwest comer of Fannin and Avenue A, south of Eagle
Drive. Multi-family residential is being proposed. The Planning and Zoning
Commission recommends approval (3-2). (Z02-0033, 918 Avenue A)
37.
Hold a public heating and consider adoption of an ordinance granting a license for a surface
use of a portion of the Denton Branch Rail Trail approximately 570 feet south of Walton
Road at milepost 727.5 for the installation of a private street in accordance with Chapter 26
of the Texas Parks and Wildlife Code.
ITEMS FOR INDIVIDUAL CONSIDERATION
38.
Consider adoption of an ordinance on third reading amending the existing Gas Franchise
between the City and TXU Gas Company, to provide for a different consideration md to
authorize the lease of facilities within the City's rights-of-way; providing for acceptance
by TXU Gas Company; finding and determining that the meeting at which this ordinance
is passed is open to the public as required by law; and providing an effective date.
39.
Consider adoption of an ordinance on third reading amending the existing Electric
Franchise between the City and Oncor Electric Delivery Company, to provide for a
different consideration; providing for acceptance by Oncor Electric Delivery Company;
finding and determining that the meeting at which this ordinance is passed is open to the
public as required by law; and providing an effective date.
40.
New Business
This item provides a section for Council Members to suggest items for future agendas
to request information from the City Manager.
41.
Items from the City Manager
A. Notification of upcoming meetings and/or conferences
B. Clarification of items on the agenda
City of Denton City Council Agenda
September 3, 2002
Page 7
42.
Possible Cominuation of Closed Meeting under Sections 551.071-551.086 of the Texas
Open Meetings Act.
43.
Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas
Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Demon, Texas, on the day of ,2002 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CiTY OF DENTON CiTY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE
WITH THE AMERICANS WITH DISABiLiTiES ACT. THE CiTY WILL PROVIDE SIGN LANGUAGE
iNTERPRETERS FOR THE HEARING IMPAIRED iF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF
THE SCHEDULED MEETING. PLEASE CALL THE CiTY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A
SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CiTY SECRETARY'S OFFICE.
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Agenda 02-029 09/03/02 WS #1
AGENDA INFORMATION SHEET
AGENDA DATE: September 3, 2002
DEPARTMENT:
Utility Administration
ACM: Howard Martin, 349-8232
SUBJECT:
Receive a report and hold a discussion regarding wastewater service in the Clear Creek
and Milam Creek Basins.
BACKGROUND:
The Clear Creek and Milam Creek Basins constitute the majority of the northern portion of the
wastewater service area north of Loop 288 from west of IH 35 to the proximity of Elm Fork of
the Trinity River (see Map Exhibit I). Culp Branch drains the northeast portion of the service
area and discharges into Elm Fork upstream of Clear Creek. The total service area constitutes
28,750 acres, of which Milam Creek and Clear Creeks account for 21,150 acres and the Culp
Branch accounts for 7,600 acres.
It has generally been the understanding that the Hickory Creek Basin and the area south of Loop
288 would develop prior to any significant development in the Milam and Clear Creek Basins.
The Year 2020 population forecast prepared by Rust Environment & Infrastructure the
consultant retained by the Planning Department, validated this assumption (see Exhibit II-
Population Projections). Therefore, planning for capital improvements in the area south of Loop
288 has taken precedence compared to the area north of the Loop 288. It was accepted that if a
small development was proposed north of Loop 288, wastewater flows could be lifted with a
pump station and discharged into either the Pecan or Cooper Creek Basins. Wastewater flows for
a while could therefore be accommodated from north of the Loop 288 without incurring any
significant capital expense. Two major developments, however, are now proposed in the Milam
and Clear Creek Basins (see Exhibit III). Also, there are proposals for development on the tract
west of the proposed Clear Creek Ranch. The proposed developments pose a challenge for
wastewater service to the area north of Loop 288. The combined flows from these proposed
developments would use up significant capacity of the existing wastewater collection system
south of the Loop 288. The City of Denton is under an Administrative Order from the EPA to
control overflows from the collection system. Additional flows from the proposed developments
into the existing collection system will only compound the overflow problem during wet weather
conditions. The significant rainfall in Year 2001 resulted in several overflows in the collection
system. These overflows are reported to EPA and TNRCC. Due to the overflows reported last
year, EPA has verbally notified staff that fines will be levied. The magnitude of the Fines may be
$127,000. Staff is waiting on written confirmation from EPA. A copy of the EPA Administrative
Order is attached as Exhibit VI.
Staff had undertaken a modeling study to determine the impact of the Clear Creek Ranch
wastewater flows on the Pecan Creek system south of Loop 288. The proposed development will
have 2177 single-family homes, 1000 apartment units, 57 acres of commercial development, and
possibly a 1800 student high school. The wastewater flows from the development were routed
thru the 18-inch sewer line adjacent to the UNT campus (previously Ti Campus). The modeling
results show that parallel sewer or larger sewer lines will be required to accommodate all flows
from Clear Creek Ranch. The existing system cannot accommodate all flows from the proposed
development.
The construction of the Ray Roberts Lake Water treatment Plant and 54-inch transmission line
along Sherman Drive will spur growth in the Clear Creek Basin. The two proposed
developments benefit from availability of water and also make the developments possible. Sewer
capacity will become a major issue because of lack of it in the Clear Creek Basin and may hinder
growth in this area.
The results from the modeling and the size of the proposed developments has required staff to
determine the feasibility of developing a wastewater collection and treatment system for the
Clear Creek Basin. A 207 acre tract of land was purchased in the past for the construction of a
wastewater treatment plant in this basin. Staff has developed a layout and budget level cost of the
sewer line to serve the proposed developments and the sewer basin generally (see Exhibit iV).
Also, budget level costs of a wastewater treatment plant from 250,000 to 500,000 gallon capacity
have been developed. Staff has also obtained the cost of leasing a 250,000 gallon capacity
packaged treatment plant. These costs are as shown below:
Sewer Line Cost
The proposed wastewater flows from Clear Creek Ranch require a 24-inch diameter sewer pipe
to serve the property providing capacity of 4.14 million gallons per day at peak daily flow. As
the flows are routed downstream the sewer pipe size gets larger. At the plant site the proposed
sewer pipe size is 36-inch. Capacity of the 36-inch pipe is estimated at 9.2 million gallons per
day for the peak daily flow. Total length of the sewer line is 33,000 feet. The cost of construction
including engineering, survey and easement procurement is estimated between 4.5 to 5 million
dollars.
250,000 Gallon Packaged Wastewater Treatment Plant Cost
Staff has obtained costs of factory built as well as field erected package plants.
Factory built option cost- $1,100,000
Field erected option cost- $ 975,000
The above costs include a Plant influent Lift Station of 500,000 gallon per day capacity.
Lease Option 250,000 Gallon Packaged Wastewater Treatment Plant
Monthly lease cost is estimated at $7,000.
One time foundation and installation costs are estimated at $100,000
Plant Influent Lift Station cost is estimated at $ 240,000
500,000 Gallon Conventional Wastewater Treatment Plant Cost
The cost of a conventional activated sludge plant including aerobic digestion and sludge drying
beds is estimated at 3.5 to 3.8 million dollars. The cost includes the Plant Influent Lift Station.
Based on flow projections from the Clear Creek Ranch and North Texas Golf developments,
wastewater flows will reach 250,000 gallons per day average flow within three years. Occupancy
of homes is projected at middle of Year 2004. So by the Year 2007 the package plants will reach
capacity. At that time if the City had chosen the package plant option, the package plant will
either be removed or work in parallel with a conventional wastewater plant depending on
effluent criteria mandated by TNRCC.
The impact of funding the above improvements on wastewater rates was evaluated. In these
calculations, exactions from the developers towards construction of the sewer line that would
reduce the city required capital cost are not included. The results of these evaluations are
included in Exhibit V. The evaluations indicate leasing a package plant option in the first three
years or building a conventional plant result in overall similar rate increases thru the Year 2007.
However, building a conventional treatment plant will require a rate increase in FY 2003.
Compared to the proposed rate increases of about 14 percent thru FY 2007 as approved by the
PUB, the wastewater system in Clear Creek Basin will result in about 18 percent rate increase
thru the FY 2007.
OPTIONS:
1. Route all flows thru the existing collection system south of the Loop 288 from the
proposed developments. Additional capital improvements will be necessary to
accommodate flows. These additional expenditures however will not provide funding for
developing a wastewater system in the Clear Creek Basin.
2. Develop a wastewater collection and treatment system in the Clear Creek Basin.
RECOMMENDATIONS:
Staff is presenting the item for discussion and guidance from the Council.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
PUB: This item was presented to the PUB on August 19, 2002. PUB made the recommendation
to pursue the "500,000 gallon conventional wastewater treatment plant option".
ESTIMATED SCHEDULE OF PROJECT:
The wastewater collection and treatment systems based on the projected needs of the proposed
developments need to be operational by the middle of Year 2004.
FISCAL INFORMATION:
Three options are presented for providing wastewater service. The costs are listed below:
1. Purchase 250,000 Gallon Package Plant $975,000 to 1,100,000
2. Lease 250,000 Gallon Package Plant $7,000 per month, $340,000 initial cost
3. 500,000 Gallon Conventional Plant $3.3 to $3.8 million
The sewer line cost is estimated at 4.5 to 5 million dollars.
Exhibit I
Respectfully submitted:
Jim Coulter
Director Water Utilities
Prepared by:
P. S. Arora P.E.
Assistant Director Wastewater
Exhibit I: Map
Exhibit 1I: Population Projections
Exhibit III: Proposed Developments
Exhibit IV: Proposed Sewer Routing
Exhibit V: Rate Impact Analysis
Exhibit VI: EPA Administrative Order
~%~ ~ IVlll~m ureeK ,
CITY OF DENTON
WATER UTIL~TY
EXHIBIT I
Year Total
Population Flow *
MGD
1998 5,917 0.592
1999 6,154 0.615
2000 6,400 0.640
2001 6,656 0.666
2002 6,922 0.692
2003 7,199 0.720
2004 7,487 0.749
2005 7,786 0.779
2006 8,098 0.810
2007 8,422 0.842
2008 8,843 0.884
2009 9,285 0.929
2010 9,749 0.975
2011 10,237 1.024
2012 10,749 1.075
2013 11,286 1.129
2014 11,816 1.182
2015 12,348 1.235
2016 12,879 1.288
2017 13,407 1.341
2018 13,944 1.394
2019 14,473 1.447
2020 15,009 1.501
2021 15,564 1.556
2022 16,140 1.614
2023 16,624 1.662
2024 17,123 1.712
2025 17,637 1.764
2026 18,166 1.817
2027 18,711 1.871
2028 19,272 1.927
2029 19,850 1.985
2030 20,446 2.045
2031 21,059 2.106
2032 21,691 2.169
2033 22,342 2.234
2034 23,012 2.301
2035 23,702 2.370
2036 24,413 2.441
2037 25,146 2.515
2038 25,900 2.590
2039 26,677 2.668
2040 27,477 2.748
2041 28,302 2.830
2042 29,151 2.915
2043 30,025 3.003
2044 30,926 3.093
2045 31,854 3.185
2046 32,809 3.281
2047 33,794 3.379
2048 34,808 3.481
2049 35,852 3.585
2050 36,927 3.693
2051 38,035 3.804
2052 39,176 3.918
2053 40,352 4.035
2054 41,562 4.156
2055 42,809 4.281
* Total flow is average daily flow based on 100 gallon per capita per day.
EXHIBIT II
LO~ ~
CITY OF DENTON o
~Miles
EXHIBIT
WATER UTILITY
PROPOSED WASTEWATER RECLAMATION PLANT
AND WASTEWATER LINE
WASTEWATER LI NE
WASTEWATER RECLAMATION PLANT PROPERTY
CITY OF DENTON
WATER UTILITY
0 0.5 1 2~ Miles
EXHIBIT IV
Rate Impact Analysis
Projected Rate Increases
$ in Millions Fiscal Year
FY 2004 FY 2005 FY 2006 FY 2007
Proposed FY 2003 - 2007 Wastewater Budget
0.0% 4.0% 4.0% 6.0%
Option I
WW Line 5.000 2003
Package Plant 1.100 2003
.25 mgd Plant 3.800 2006
0.0% 5.0% 4.0% 9.0%
Option 2
WW Line 5.000 2003
Lease Pkg Plant 0.340 2003
Annual Lease $84,000 2003 - 2006
.25 mgd Plant 3.800 2006
0.0% 5.0% 5.0% 7.0%
Option 3
WW Line
.5 mgd Plant
5.000 2003
3.800 2003
3.0% 4.0% 4.0% 6.0%
Exhibit V
EXFitBiT V l
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Agenda 02-029 09/03/02 WS #2
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Solid Waste
Howard Martin, 349-8232
SUBJECT:
Receive a report, hold a discussion and give staff direction regarding Solid Waste
Ordinance Revisions.
BACKGROUND
Staffwould like to discuss and get direction on proposed revisions to the Solid Waste Code of
Ordinance that may include, but are not limited to:
· Establishing a "set out" time for garbage to be placed at the curb for residential
collection.
· Addressing litter and illegal dumping issues.
· Establishing commercial customers requirements for container screening, placement and
housekeeping around the containers for existing and new businesses.
· Clarifying waste generator's responsibilities for their waste.
· Revising out-of-date definitions.
· Establishing commercial and residential refuse collection operating hours.
· Updating the code language on the prohibition from collection and disposal of certain
materials and wastes to conform to current state and federal law.
· Revising brush and yard waste collection requirements to reflect current practices.
· Revising bulky items collection service to reflect current practices.
· Revising the permit and registration requirements for special waste and recycling service
providers.
PRIOR ACTION/REVIEW (Council, Boards, Commissions):
During the budget work session the City Council noted their concern about garbage being placed
at curbside prior to collection day and other solid waste issues that should be addressed through a
code revision.
Respectfully submitted:
Vance Kemler
Director of Solid Waste
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Agenda 02-029 09/03/02 WS #3
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Water Utilities
Howard Martin, ACM/Utilities 349-8232
SUBJECT
Receive a report and hold a discussion regarding the recent West Nile positive mosquito pool
found in the Lake Ray Roberts Greenbelt area and the City of Denton mosquito control program.
BACKGROUND
Mosquitoes have been fought for decades with a variety of methods and chemicals. However, it
is unrealistic to expect any mosquito control program to be one hundred percent effective,
regardless of the control measures used. The mosquito control program of the City of Denton
has not utilized chemicals for adult control since 1995 and has instead relied on source control
and larvicides. Source reduction is approached using a strong public education campaign, which
includes tips in the local paper, web page information, interviews with regional media, and
public information spots running on DTV (Cable Channel 26). The focus of this public
information campaign is to provide citizens with the information to police their yards and homes
for areas that can trap water and thus provide breeding habitat for mosquitoes. According to the
Centers for Disease Control and Prevention (CDC) source reduction "remains the most effective
and economical method of providing long term mosquito control in many habitats" (CDC 2001).
The elimination of mosquito larval habitats is also cited by the Texas Department of Health as
"an effective means of controlling most mosquito species" (Disease Prevention News 1999;
TDH Press Release, no date). The EPA also states "it is especially important to conduct effective
mosquito prevention programs by eliminating breeding habitats or applying pesticides to control
the early life stages of the mosquito. Prevention programs, such as elimination of any standing
water that could serve as breeding sites, help reduce the adult mosquito population and the need
to apply other pesticides for adult mosquito control" (EPA 2000a).
In addition to source reduction of mosquito breeding grounds, the City of Denton makes a
larvicide (Bti) available to the public, a step taken by few, if any, municipalities in the region.
This larvicide is a type of bacteria (Bacillus thuringiensis israelensis) that when ingested by
mosquitoes reacts with their gut to produce a toxin that kills the mosquito before it can become a
biting adult (Porter 1996, EPA 2000a). It is highly specific to mosquitoes, but may affect a few
other types of flies as well (Dickman 2000). The important aspect is that it does not affect fish,
frogs or other predatory insects (non-target organisms) that might feed on mosquito larvae
(Becker 1997, Dickman 2000). It is relevant to note that protecting these natural predators of
mosquitoes is important in managing mosquito populations. If a non-specific larvicide or
adulticide is used, non-target organisms could be reduced and mosquitoes may be provided
larger areas of safe breeding grounds. The CDC states that larviciding "is typically more
effective and target specific than adulticiding, but less permanent than source reduction" (CDC
2001)
There are a number of important reasons why spraying adulticide to control mosquitoes is not
done in response to nuisance mosquito complaints. The first factor is effectiveness. For a
spraying or fogging of adulticide to be effective it must fa,st actually contact the mosquito (EPA
2000b). This means the mosquito must be in relative proximity to the vehicle doing the
spraying, it also means that mosquitoes that hatch within a short time of a fogging vehicle
passing will be unaffected, as will those that are hiding within some form of vegetation and those
who may fly in from another area. The CDC states that adulticiding "is usually the least efficient
mosquito control technique"(CDC 2001).
In addition to the obvious issues mentioned above there are several other concerns regarding the
use of an adulticide to respond to nuisance mosquito complaints, insects typically have large
numbers of offspring (mosquitoes may lay between 100-300 eggs at a time), which allows them
to quickly develop resistance to various chemical pesticides and reduces pesticide effectiveness.
"The acquiring of resistance to insecticides by the pest insects is a serious problem t) combat in
pest control" (Chui et al 1995). For example, if group of 10,000 mosquitoes are exposed to a
pesticide, some will survive based on some type of resistance or life strategy that counters the
effectiveness of the pesticide. As survivors of this pesticide application they will breed the next
generation of mosquitoes which will likely have more survivors in the next application of
pesticides who will in mm breed the next generation. At least one mosquito specie in the
Houston area had developed resistance to Malathion. (Parsons 2002). The obvious danger is
that if at some point in the future a true public health concern emerged in our area we will be at a
disadvantage to combat this pest because we have strengthened their abilities to resist available
pesticides to satisfy nuisance complaints, incidentally, Bti has been identified as a compound
with low risk for resistance development (Becker 1997).
Finally, fogging or spraying an adulticide also introduces a certain volume of a pesticide or
poison into the air in a form that is made to stay adrift for the longest time possible. While
spraying is done to affect mosquitoes the chemicals used are not mosquito-specific and can have
affects on non-target organisms as well. The most common adulticides are of two pesticide
classes; organophosphates (Malathion, Naled) and synthetic pyrethroids (Permethrin, Sumithrin,
Resmethrin). When adulticides were used in New York City to respond to threats of West Nile
Virus it resulted in several lawsuits alleging harm to citizens (CNN 2000), workers (Saulny
2001) and even lobsters (Olert 2000). The EPA has a substantial website dedicated to the risk
assessment and registration of the pesticide Malathion and as well as Naled.
While we are not in New York, it is still of some relevance to examine their strategy and note
where in their plan they have placed the use of adulticide for mosquito control in the context of
combating the West Nile Virus. in New York State's plan the use of an adulticide is first
considered
"when quantitative measures indicating West Nile Vires epizootic activity at a level suggesting
high risk of human infection (for example, high dead bird densities, high mosquito infection
rates, multiple positive mosquito species including bridge vectors, horse or mammal cases
indicating escalating epizootic transmission, or a human case with evidence of epizootic activity)
and abundant adult vectors." (NYSDOH 2001:Appendix A)
New York State will use an adult control program if there are multiple confirmed cases of West
Nile Vires in humans. It is important to note that as a footnote to their response plan New York
State indicates that:
"In general, the finding of a West Nile Virus positive bird or mosquito pool does not by itself
constitute evidence of an imminent threat to human health and warrant mosquito adulticiding.
Adulticiding should be considered only after careful consideration of the WNV risk to human
health by taking into account multiple factors, including documentation of the presence of WNV
in the area, the numbers and species of the vector populations, the vector's physiologic age, the
density and proximity of human populations, the time of year, weather conditions, physiography
of and accessibility to the area where the vector is located, rapidity of response required as
determined by the seriousness of the public health threat, potential impact on people and
environment, and the likelihood that vectors in nearby areas not subject to control measures will
migrate from the area if not subject to control." (NYSDOH 2001: Appendix A)
The City of Denton focuses it's efforts in combating mosquitoes in the two areas that the Centers
for Disease Control and Prevention identify as most effective, economical and target specific,
namely source reduction of mosquito breeding habitat and larviciding. There are a number of
drawbacks to using adulticides to respond to nuisance mosquito complaints, including overall
effectiveness, mosquito resistance, and public perception/response to the use of pesticides.
Adulticides are justified in the context of public disease prevention when there is a high risk of
transmission to humans, however, New York still experienced significant public resistance to the
use of such adulticides even in light of a public health threat.
There are several measures that individuals can take to minimize the impact of nuisance
mosquitoes. These include obvious items such as repellants, appropriate clothing as well as
some newer mosquito trapping technologies based on heat, moisture and other mosquito
attractants to trap and kill mosquitoes.
OPTIONS
Maintain current program and associated expenses
Eliminate the mosquito control program
Modify mosquito program to include adulticide control
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
This issue was brought before council during the July 16 work session
FISCAL INFORMATION
Current approximate annual costs of mosquito control program:
Drainage Field Operations
Public Information/Education*
Total Expenses
Potential monitoring program with UNT
2304.80
850.00
$3154.80
$10,000to 12,000
(*Public Information cost do not include production expenses.)
EXHIBITS
1. Presentation
Respectfully submitted:
Howard Martin
Assistant City Manager for Utilities
N
e, Vi
Transm'
LA~VA
Agenda 02-029 09/03/02 #6
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
September 3, 2002
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Charles Fiedler 349-8948
SUBJECT
Consider adoption of an Ordinance authorizing the City Manager to execute a Professional
Services Agreement (PSA) with HDR Engineering, inc. for the Engineering Design of the US
377/Ft. Worth Drive Railroad Bridge Replacement as set forth in the contract; and providing an
effective date (RFP 2860-Professional Services Agreement for Engineering Design of US 377
awarded to HDR Engineering, Inc. for a total amount of $513,303).
RFP INFORMATION
RFP 2860 is for the design of the Union Pacific railroad bridge at Fort Worth Drive,
approximately 3500 feet south of iH 35E. The design, when completed, will be provided to
TxDOT as part of the City of Denton's and the County of Denton's participation in TxDOT's
proposed improvements to Ft. Worth Drive. HDR was chosen from six responding qualified
Architect/Engineering firms based upon specific criteria in the RFP document. The
selection/negotiation committee consisted of Christy Skirchak, Capital Projects Administrator,
Purchasing; Charles Fiedler, Director of Engineering; and Bernard Vokoun, Senior Civil
Engineer, Traffic.
RECOMMENDATION
We recommend award of this proposal to HDR Engineering, Inc. in the amount of $513,303.
PRINCIPAL PLACE OF BUSINESS
HDR Engineering, Inc.
Fort Worth, TX
ESTIMATED SCHEDULE OF PROJECT
The completion of the design is estimated to be the end of September 2003.
FISCAL INFORMATION
Funding for this project will come from account 35006700.1360.21130.
Agenda Information Sheet
September 3, 2002
Page 2
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
1-AIS-RFP 2860 Engineering Design of US 377/Forth Worth Drive Railroad Bridge
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WiTH HDR ENGINEERING, iNC. FOR THE ENGINEERING
DESIGN OF THE US 377/FORT WORTH DRIVE RAILROAD BRIDGE REPLACEMENT AS
SET FORTH IN THE CONTRACT; AND PROVIDING AN EFFECTIVE DATE (RFP 2860-
PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN OF US 377
AWARDED TO HDR ENGiNEERiNG, INC. FOR A TOTAL AMOUNT OF $513,303).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
WHEREAS, The professional services provider (the "Provider) mentioned in this ordinance
is being selected as the most highly qualified on the basis of its demonstrated competence and
qualifications to perform the proposed professional services; and
WHEREAS, The fees under the proposed contract are fair and reasonable and are consistent
with and not higher than the recommended practices and fees published by the professional
associations applicable to the Provider's profession and such fees do not exceed the maximum
provided by law; NOW, THEREFORE,
SECTION 1. That the City Manager is hereby authorized to enter into a professional service
contract with HDR Engineering Inc., to provide professional architectural and related services for the
design of US 377/Fort Worth Drive Railroad Bridge Replacement, a copy of which is attached hereto
and incorporated by reference herein.
SECTION 2. The City Manager is authorized to expend funds as required by the attached
contract.
SECTION 3. The findings in the preamble of this ordinance are incorporated herein by
reference.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ., 2002.
EULiNE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
2-ORD - PSA 2860 Engineering Design of US 377
PROFESSIONAL SERVICES AGREEMENT
FOR ARCHITECT OR ENGINEER
/~THIS AGREEMENT is made and entered into as of the /~ day of
40>/" , 20 tg~ , by and between the City of Denton, Texas, a Texas municipal
corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas
76201, hereinafter called "Owner" and HDR Engineering, Inc., Firm, with its corporate office at
8404 Indian Hills Drive, Omaha, NE 68114-4049 (Corporate) and 512 Main Street, Suite 600, Fort
Worth, TX 76102 (Local) hereinafter called "Design Professional," acting herein, by and through
their duly authorized representatives.
In consideration of the covenants and agreements herein contained, the parties hereto do mutually
agree as follows:
SECTION 1
EMPLOYMENT OF DESIGN PROFESSIONAL
The Owner hereby contracts with the Design Professional, a licensed Texas architect or
engineer, as an independent contractor. The Design Professional hereby agrees to perform the
services as described herein and in the Proposal, the General Conditions, and other attachments to
this Agreement that are referenced in Section 3, in connection with the Project. The Project shall
include, without limitation, (describe the Project in the space below are in an attachment)
RFP 2860 Engineering Design of US377 1
SECTION 2
COMPENSATION
The Owner shall compensate the Design Professional as follows:
2.1 BASIC SERVICES
2.1.1 For Basic Services the total compensation shall be $ 513,303.
2.1.2 Progress payments for Basic Services shall be paid in a lump sum percent complete
the total compensation indicated in Section 2.1.1.
for
2.2 ADDITIONAL SERVICES
2.2.1 Compensation for Additional Services is as follows:
Principal
Project Manager
Design Engineer
Design Tech
CAI) D/Drafter
Clerical
$190.00 per hour
$155.00 per hour
$109.00 per hour
$87.00 per hour
$81.00 per hour
$65.00 per hour
This compensation is based on a multiplier of 3.105 times the direct labor rate for each
category as defined in the Basic Services.
2.2.2 Compensation for Additional Services of consultants, including additional structural,
mechanical and electrical engineering services shall be based on a multiple of 1.00 times the amounts
billed to the Design Professional for such additional services.
2.3 REIMBURSABLE EXPENSES Reimbursable Expenses shall be a multiple of 1.00 times the
expenses incurred by the Design Professional, the Design Professional's employees and consultants in
the interest of the Project as defined in the General Conditions but not to exceed a total of $27,954
without the prior written approval of the Owner.
RFP 2860 Engineering Design of US377 2
SECTION 3
ENTIRE AGREEMENT
This Agreement includes this executed agreement and the following documents all of which are
attached hereto and made a part hereof by reference as if fully set forth herein:
1. City of Denton General Conditions to Agreement for Architectural or Engineering
Services.
2. The Design Professional's Proposal
3. Attachments A through__E.
This Agreement is signed by the parties hereto effective as of the date first above written.
CITY OF DENTON
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
BY:
MICHAEL A. CONDUFF
CITY MANAGER
B~~S S: .
DESIGN FIRM
BY:G~ENND. PEARSON,&/~~' ~" P.E.
VICE PRESDENT
RFP 2860 Engineering Design of US377 3
CITY OF DENTON
GENERAL CONDITIONS
TO
AGREEMENT FOR ARCHITECTURAL OR ENGINEERING SERVICES
ARTICLE 1. ARCHITECT OR ENGINEER'S RESPONSIBILITIES
1.1 The Architect or Engineer's services consist of those services for the Project (as defined in the
agreement (the "Agreemenf') and proposal (the "Proposal") to which these General Conditions are
attached) performed by the Architect or Engineer (hereinafter called the "Design Professional") or
Design Professional's employees and consukants as enumerated in Articles 2 and 3 of these General
Conditions as modified by the Agreement and Proposal (the "Services").
1.2 The Design Professional will perform all Services as an independent contractor to the prevailing
professional standards consistent with the level of care and skill ordinarily exercised by members of the
same profession currently practicing in the same locality under similar conditions, including
reasonable, informed judgments and prompt timely actions (the "Degree of Care"). The Services shall
be performed as expeditiously as is consistent with the Degree of Care necessary for the orderly
progress of the Project. Upon request of the Owner, the Design Professional shall submit for the
Owner's approval a schedule for the performance of the Services which may be adjusted as the Project
proceeds, and shall include allowances for periods of time required for the Owner's review and for
approval of submissions by authorities having jurisdiction over the Project. Time limits established by
this schedule and approved by the Owner shall not, except for reasonable cause, be exceeded by the
Design Professional or Owner, and any adjustments to this schedule shall be mutually acceptable to
both parties.
ARTICLE 2 SCOPE OF BASIC SERVICES
2.1 BASIC SERVICES DEFINED The Design Professional's Basic Services consist of those de-
scribed in Sections 2.2 through 2.6 of these General Conditions and include without limitation normal
stmctural, civil, mechanical and electrical engineering services and any other engineering services
necessary to produce a complete and accurate set of Construction Documents, as described by and
required in Section
2.1.1 The Basic Services may be modified by the Agreement.
2.2 SCHEMATIC DESIGN PHASE
2.2.1 The Design Professional, in consultation with the Owner, shall develop a written program
for the Project to ascertain Owner's needs and to establish the requirements for the Project.
2.2.2 The Design Professional shall provide a preliminary evaluation of the Owner's program,
construction schedule and construction budget requirements, each in terms of the other, subject
to the limitations set forth in Subsection 5.2.1.
RFP 2860 Engineering Design of US377 4
2.2.3 The Design Professional shall review with the Owner altemative approaches to design and
construction of the Project.
2.2.4 Based on the mutually agreed-upon program, schedule and construction budget
requirements, the Design Professional shall prepare, for approval by the Owner, Schematic
Design Documents consisting of drawings and other documents illustrating the scale and rela-
tionship of Project components. The Schematic Design shall contemplate compliance with all
applicable laws, statutes, ordinances, codes and regulations.
2.2.5 The Design Professional shall submit to the Owner a preliminary detailed estimate of
Construction Cost based on current area, volume or other unit costs and which indicates the cost
of each category of work involved in constructing the Project and establishes an elapsed time
factor for the period of time from the commencement to the completion of construction.
2.3 DESIGN DEVELOPMENT PHASE
2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by
the Owner in the program, schedule or construction budget, the Design Professional shall prepare
for approval by the Owner, Design Development Documents consisting of drawings and other
documents to fix and describe the size and character of the Project as to architectural, structural,
mechanical and electrical systems, materials and such other elements as may be appropriate,
which shall comply with all applicable laws, statutes, ordinances, codes and regulations.
Notwithstanding Owner's approval of the documents, Design Professional warrants that the
Documents and specifications will be sufficient and adequate to fulfill the purposes of the
Project.
2.3.2 The Design Professional shall advise the Owner of any adjustments to the preliminary
estimate of Construction Cost in a further Detailed Statement as described in Section 2.2.5.
2.4 CONSTRUCTION DOCUMENTS PHASE
2.4.1 Based on the approved Design Development Documents and any further adjustments in
the scope or quality of the Project or in the construction budget authorized by the Owner, the
Design Professional shall prepare, for approval by the Owner, Construction Documents
consisting of Drawings and Specifications setting forth in detail requirements for the
construction of the Project, which shall comply with all applicable laws, statutes, ordinances,
codes and regulations.
2.4.2 The Design Professional shall assist the Owner in the preparation of the necessary bidding
or procurement information, bidding or procurement forms, the Conditions of the contract, and
the form of Agreement between the Owner and contractor.
2.4.3 The Design Professional shall advise the Owner of any adjustments to previous
preliminary estimates of Construction Cost indicated by changes in requirements or general
market conditions.
RFP 2860 Engineering Design of US377 5
2.4.4 The Design Professional shall assist the Owner in connection with the Owner's
responsibility for filing documents required for the approval of governmental authofites having
jurisdiction over the Project.
2.5 CONSTRUCTION CONTRACT PROCUREMENT
2.5.1 The Design Professional, following the Owner's approval of the Construction Documents
and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in
procuring a construction contract for the Project through any procurement method that is legally
applicable to the Project including without limitation, the competitive sealed bidding process.
Although the Owner will consider the advice of the Design Professional, the award of the
construction contract is in the sole discretion of the Owner.
2.5.2 If the construction contract amount for the Project exceeds the total construction cost of the
Project as set forth in the approved Detailed Statement of Probable Construction Costs of the
Project submitted by the Design Professional, then the Design Professional, at its sole cost and
expense, will revise the Construction Documents as may be required by the Owner to reduce or
modify the quantity or quality of the work so that the total construction cost of the Project will
not exceed the total construction cost set forth in the approved Detailed Statement of Probable
Construction Costs.
2.6 CONSTRUCTION PHASE
CONTRACT
ADMINISTRATION OF THE CONSTRUCTION
2.6.1 The Design Professional's responsibility to provide Basic Services for the Construction
Phase under this Agreement commences with the award of the Contract for Constmction and
terminates at the issuance to the Owner of the final Certificate for Payment, unless extended
under the terms of Subsection 8.3.2.
2.6.2 The Design Professional shall provide detailed administration of the Contract for
Construction as set forth below. For design professionalss the administration shall also be in
accordance with AIA document A201, General Conditions of the Contract for Construction,
current as of the date of the Agreement, unless otherwise provided in the Agreement. For
engineers the administration shall also be in accordance with the Standard Specifications for
Public Works Construction by the North Central Texas Council of Governments, current as of
the date of the Agreement, unless otherwise provided in the Agreement.
2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Design
Professional shall not be restricted, modified or extended without written agreement of the
Owner and Design Professional.
2.6.4 The Design Professional shall be a representative of and shall advise and consult with the
Owner (1) during construction, and (2) at the Owner's direction from time to time during the cor-
rection, or warranty period described in the Contract for Construction. The Design Professional
shall have authority to act on behalf of the Owner only to the extent provided in the Agreement
and these General Conditions, unless otherwise modified by written instrument.
RFP 2860 Engineering Design of US377 6
2.6.5 The Design Professional shall inspect the construction site at least two times a week,
regardless of whether construction is in progress, to become familiar with the progress and
quality of the work completed and to determine if the work is being performed in a manner
indicating that the work when completed will be in accordance with the Contract Documents.
Design Professional shall provide Owner a written report subsequent to each on-site visit. On
the basis of on-site observations the Design Professional shall keep the Owner informed of the
progress and quality of the work, and shall exercise the Degree of Care and diligence in
discovering and promptly reporting to the Owner any defects or deficiencies in the work of
Contractor or any subcontractors. The Design Professional represents that he will follow Degree
of Care in performing all Services under the Agreement. The Design Professional shall promptly
correct any defective designs or specifications furnished by the Design Professional at no cost to
the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the
Design Professional's Services hereunder or of the Project itself shall in no way alter the Design
Professional's obligations or the Owner's rights hereunder.
2.6.6 The Design Professional shall not have control over or charge of and shall not be
responsible for construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the work. The Design Professional shall not be
responsible for the Contractor's schedules or failure to carry out the work in accordance with the
Contract Documents except insofar as such failure may result from Design Professional's
negligent acts or omissions. The Design Professional shall not have control over or charge of
acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other
persons performing portions of the work.
2.6.'/ The Design Professional shall at all times have access to the work wherever it is in
preparation or progress.
2.6.8 Except as may otherwise be provided in the Contract Documents or when direct
communications have been specially authorized, the Owner and Contractor shall communicate
through the Design Professional. Communications by and with the Design Professional's
consultants shall be through the Design Professional.
2.6.9 Based on the Design Professional's observations at the site of the work and evaluations of
the Contractor's Applications for Payment, the Design Professional shall review and certify the
amounts due the Contractor.
2.6.10 The Design Professional's certification for payment shall constitute a representation to the
Owner, based on the Design Professional's observations at the site as provided in Subsection
2.6.5 and on the data comprising the Contractor's Application for Payment, that the work has
progressed to the point indicated and that the quality of the Work is in accordance with the
Contract Documents. The foregoing representations are subject to minor deviations from the
Contract Documents correctable prior to completion and to specific qualifications expressed by
the Design Professional. The issuance of a Certificate for Payment shall further constitute a
representation that the Contractor is entitled to payment in the amount certified. However, the
issuance of a Certificate for Payment shall not be a representation that the Design Professional
RFP 2860 Engineering Design of US377 7
has (1) reviewed construction means, methods, techniques, sequences or procedures, or (2)
ascertained how or for what purpose the Contractor has used money previously paid on account
of the Contract Sum.
2.6.11 The Design Professional shall have the responsibility and authority to reject work which
does not conform to the Contract Documents. Whenever the Design Professional considers it
necessary or advisable for implementation of the intent of the Contract Documents, the Design
Professional will have authority to require additional inspection or testing of the work in
accordance with the provisions of the Contract Documents, whether or not such Work is
fabricated, installed or completed. However, neither this authority of the Design Professional
nor a decision made in good faith either to exercise or not exercise such authority shall give rise
to a duty or responsibility of the Design Professional to the Contractor, Subcontractors, material
and equipment suppliers, their agents or employees or other persons performing portions of the
work.
2.6.12 The Design Professional shall review and approve or take other appropriate action upon
Contractor's submittals such as Shop Drawings, Product Data and Samples for the purpose of (1)
determining compliance with applicable laws, statutes, ordinances and codes; and (2)
determining whether or not the work, when completed, will be in compliance with the
requirements of the Contract Documents. The Design Professional shall act with such mason-
able promptness to cause no delay in the work or in the construction of the Owner or of separate
contractors, while allowing sufficient time in the Design Professional's professional judgment to
permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities or
for substantiating instructions for installation or performance of equipment or systems designed
by the Contractor, all of which remain the responsibility of the Contractor to the extent required
by the Contract Documents. The Design Professional's review shall not constitute approval of
safety precautions or, unless otherwise specifically stated by the Design Professional, of con-
stmction means, methods, techniques, sequences or procedures. The Design Professional's
approval of a specific item shall not indicate approval of an assembly of which the item is a
component. When professional certification of performance characteristics of materials, systems
or equipment is required by the Contract Documents, the Design Professional shall be entitled to
rely upon such certification to establish that the materials, systems or equipment will meet the
performance criteria required by the Contract Documents.
2.6.13 The Design Professional shall prepare Change Orders and Construction Change
Directives, with supporting documentation and data if deemed necessary by the Design
Professional as provided in Subsections 3.1.1 and 3.3.3, for the Owner's approval and execution
in accordance with the Contract Documents, and may authorize minor changes in the work not
involving an adjustment in the Contract Sum or an extension of the Contract Time which are not
inconsistent with the intent of the Contract Documents.
2.6.14 On behalf of the Owner, the Design Professional shall conduct inspections to determine
the dates of Substantial Completion and Final Completion, and if requested by the Owner shall
issue Certificates of Substantial and Final Completion. The Design Professional will receive and
review written guarantees and related documents required by the Contract for Construction to be
RFP 2860 Engineering Design of US377 8
assembled by the Contractor and shall issue a final certificate for Payment upon compliance with
the requirements of the Contract Documents.
2.6.15 The Design Professional shall interpret and provide recommendations on matters
concerning performance of the Owner and Contractor under the requirements of the Contract
Documents on written request of either the Owner or Contractor. The Design Professional's
response to such requests shall be made with reasonable promptness and within any time limits
agreed upon.
2.6.16 Interpretations and decisions of the Design Professional shall be consistent with the intent
of and reasonably inferable from the Contract Documents and shall be in writing or in the form
of drawings. When making such interpretations and initial decisions, the Design Professional
shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be
liable for results or interpretations or decisions so rendered in good faith in accordance with all
the provisions of this Agreement and in the absence of negligence.
2.6.17 The Design Professional shall render written decisions within a reasonable time on all
claims, disputes or other matters in question between the Owner and Contractor relating to the
execution or progress of the work as provided in the Contract Documents.
2.6.18 The Design Professional (1) shall render services under the Agreement in accordance
with the Degree of Care; (2) will reimburse the Owner for all damages caused by the defective
designs the Design Professional prepares; and (3) by acknowledging payment by the Owner of
any fees due, shall not be released from any rights the Owner may have under the Agreement or
diminish any of the Design Professional's obligations thereunder.
2.6.19 The Design Professional shall provide the Owner with four sets of reproducible prints
showing all significant changes to the Construction Documents during the Construction Phase.
ARTICLE 3 ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included in Basic Services unless so
identified in the Agreement or Proposal, and they shall be paid for by the Owner as provided in
the Agreement, in addition to the compensation for Basic Services. The services described under
Sections 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner.
If services described under Contingent Additional Services in Section 3.3 are required due to
circumstances beyond the Design Professional's control, the Design Professional shall notify the
Owner in writing and shall not commence such additional services until it receives written
approval from the Owner to proceed. If the Owner indicates in writing that all or part of such
Contingent Additional Services are not required, the Design Professional shall have no
obligation to provide those services. Owner will be responsible for compensating the Design
Professional for Contingent Additional Services only if they are not required due to the
negligence or fault of Design Professional.
RFP 2860 Engineering Design of US377 9
3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES
3.2.1 If more extensive representation at the site than is described in Subsection 2.6.5 is
required, the Design Professional shall provide one or more Project Representatives to assist in
carrying out such additional on-site responsibilities.
3.2.2 Project Representatives shall be selected, employed and directed by the Design
Professional, and the Design Professional shall be compensated therefor as agreed by the Owner
and Design Professional.
3.3 CONTINGENT ADDITIONAL SERVICES
3.3.1 Making material revisions in Drawings, Specifications or other documents when such
revisions are:
1. inconsistent with approvals or instructions previously given by the Owner,
including revisions made necessary by adjustments in the Owner's program or
Project budget;
2. required by the enactment or revision of codes, laws or regulations subsequent to
the preparation of such documents, or
3. due to changes required as a result of the Owner's failure to render decision in a
timely manner.
3.3.2 Providing services required because of significant changes in the Project including, but not
limited to, size, quality, complexity, or the Owner's schedule, except for services required under
Subsection 2.5.2.
3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, and
providing other services in connection with Change Orders and Construction Change Directives.
3.3.4 Providing consultation concerning replacement of work damaged by fire or other cause
during construction, and furnishing services required in connection with the replacement of such
work.
3.3.5 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the work of the Contractor, or by failure of performance of either the Owner or
Contractor under the Contract for Construction.
3.3.6 Providing services in evaluating an extensive number of claims submitted by the
Contractor or others in connection with the work.
3.3.7 Providing services in connection with a public hearing, arbitration proceeding or legal
proceeding except where the Design Professional is party thereto.
RFP 2860 Engineering Design of US377 10
3.3.8 Providing services in addition to those required by Article 2 for preparing documents for
alternate, separate or sequential bids or providing services in connection with bidding or con-
struction prior to the completion of the Construction Documents Phase.
3.3.9 Notwithstanding anything contained in the Agreement, Proposal or these General
Conditions to the contrary, all services described in this Article 3 that are caused or necessitated
in whole or in part due to the negligent act or omission of the Design Professional shall be
performed by the Design Professional as a part of the Basic Services under the Agreement with
no additional compensation above and beyond the compensation due the Design Professional for
the Basic Services. The intervening or concurrent negligence of the Owner shall not limit the
Design Professional's obligations under this Subsection 3.3.9.
3.4 OPTIONAL ADDITIONAL SERVICES
3.4.1 Providing financial feasibility or other special studies.
3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.4.3 Providing special surveys, environmental studies and submissions required for approvals
of governmental authorities or others having jurisdiction over the Project.
3.4.4 Providing services relative to future facilities, systems and equipment.
3.4.5 Providing services to investigate existing conditions or facilities or to make measured
drawings thereof.
3.4.6 Providing services to verify the accuracy of drawings or other information furnished by the
Owner.
3.4.7 Providing coordination of constmction performed by separate contractors or by the
Owner's own forces and coordination of services required in connection with construction per-
formed and equipment supplied by the Owner.
3.4.8 Providing detailed quantity surveys or inventories of material, equipment and labor.
3.4.9 Providing analyses of operating and maintenance costs.
3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed
appraisals of existing facilities.
3.4.11 Providing assistance in the utilization of equipment or systems such as testing, adjusting
and balancing, preparation of operation and maintenance manuals, training personnel for
operation and maintenance and consultation during operation.
3.4.12 Providing interior design and similar services required for or in connection with the
selection, procurement or installation of furniture, furnishings and related equipment.
RFP 2860 Engineering Design of US377 11
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BR I# SON16ACHIS aGREEMENT-*-* tHE oWNER SHALL DESIGNATE A REPRESENTATIVE AUTHORIZED TO ACT ON THE oWNERS BTXlfk*zcth
respect to the Project. The Owner or such authorized representative shall render decisions in a
timely manner pertaining to documents submitted by the Design Professional in order to avoid
unreasonable delay in the orderly and sequential progress of the Design Professional's services.
4.5 Where applicable, the Owner shall furnish surveys describing physical characteristics, legal
limitations and utility locations for the site of the Project, and a written legal description of the
site. The surveys and legal information shall include, as applicable, grades and lines of streets,
RFP 2860 Engineering Design of US377 12
alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way,
restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the
site; locations, dimensions and necessary data pertaining to existing buildings, other
improvements and trees; and information concerning available utility services and lines, both
public and private, above and below grade, including inverts and depths. All the information on
the survey shall be referenced to a project benchmark.
4.6 Where applicable, the Owner shall furnish the services of geotechnical engineers when such
services are requested by the Design Professional. Such services may include but are not limited
to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of
hazardous materials, ground corrosion and resistivity tests, including necessary operations for
anticipating sub-soil conditions, with reports and appropriate professional recommendations.
4.6.1 The Owner shall furnish the services of other consultants when such services are
reasonably required by the scope of the Project and are requested by the Design Professional and
are not retained by the Design Professional as part of its Basic Services or Additional Services.
4.7 When not a part of the Additional Services, the Owner shall furnish stmctural, mechanical,
chemical, air and water pollution tests, tests of hazardous materials, and other laboratory and
environmental tests, inspections and reports required by law or the Contract Documents.
4.8 The Owner shall fumish all legal, accounting and insurance counseling services as may be
necessary at any time for the Project, including auditing services the Owner may require to verify
the Contractor's Applications for Payment or to ascertain how or for what purposes the
Contractor has used the money paid by or on behalf of the Owner.
4.9 The services, information, surveys and reports required by Owner under Sections 4.5
through 4.8 shall be furnished at the Owner's expense, and the Design Professional shall be
entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on
the part of the Design Professional.
4.10 The Owner shall give prompt written notice to the Design Professional if the Owner
becomes aware of any fault or defect in the Project or nonconformance with the Contract
Documents.
4.11 Design Professional shall propose language for certificates or certifications to be requested
of the Design Professional or Design Professional's consultants and shall submit such to the
Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees
not to request certifications that would require knowledge or services beyond the scope of the
Agreement.
RFP 2860 Engineering Design of US377 13
ARTICLE 5 CONSTRUCTION COST
5.1 CONSTRUCTION COST DEFINED
5.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements
of the Project designed or specified by the Design Professional.
5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials
furnished by the Owner and equipment designed, specified, selected or specially provided for by
the Design Professional, plus a reasonable allowance for the Contractor's overhead and profit. In
addition, a reasonable allowance for contingencies shall be included for market conditions at the
time of bidding and for changes in the work during construction.
5.1.3 Construction Cost does not include the compensation of the Design Professional and
Design Professional's consultants, the costs of the land, rights-of-way, financing or other costs
which are the responsibility of the Owner as provided in Article 4.
5.2 RESPONSIBILITY FOR CONSTRUCTION COST
5.2.1 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and
detailed estimates of Construction Cost prepared by the Design Professional represent the Design
Professional's best judgment as a design professional familiar with the construction industry. It
is recognized, however, that neither the Design Professional nor the Owner has control over the
cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or
over competitive bidding or market conditions. Accordingly, the Design Professional cannot
and does not warrant or represent that bids or cost proposals will not vary from the Owner's Pro-
ject budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the
Design Professional.
5.2.2 No fixed limit of Construction Cost shall be established as a condition of the Agreement
by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been
agreed upon in writing and signed by the parties thereto. If such a fixed limit has been
established, the Design Professional shall be permitted to include contingencies for design, bid-
ding and price escalation, to determine what materials, equipment, component systems and types
of construction are to be included in the Contract Documents, to make reasonable adjustments in
the scope of the Project and to include in the Contract Documents alternate bids to adjust the
Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an
increase in the Contract Sum occurring after execution of the Contract for Construction.
5.2.3 ff the Procurement Phase has not commenced within 90 days after the Design Professional
submits the Construction Documents to the Owner, any Project budget or fixed limit of
Construction Cost shall be adjusted to reflect changes in the general level of prices in the
construction industry between the date of submission of the Construction Documents to the
Owner and the date on which proposals are sought.
RFP 2860 Engineering Design of LIS377 14
ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS
6.1 The Drawings, Specifications and other documents prepared by the Design Professional for this
Project are instruments of the Design Professional's service and shall become the property of the
Owner upon termination or completion of the Agreement. The Design Professional is entitled to retain
copies of all such documents. Such documents are intended only be applicable to this Project, and
Owner's use of such documents in other projects shall be at Owner's sole risk and expense. In the
event the Owner uses any of the information or materials developed pursuant to the Agreement in
another project or for other purposes than are specified in the Agreement, the Design Professional is
released from any and all liability relating to their use in that project
6.2 Submission or distribution of documents to meet official regulatory requirements or for similar
purposes in connection with the Project is not to be construed as publication in derogation of the
Design Professional's reserved rights.
ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT
7.1 The Design Professional may terminate the Agreement upon not less than thirty days written
notice should the Owner fail substantially to perform in accordance with the terms of the Agreement
through no fault of the Design Professional. Owner may terminate the Agreement or any phase thereof
with or without cause upon thirty (30) days prior written notice to the Design Professional. All work
and labor being performed under the Agreement shall cease immediately upon Design Professional's
receipt of such notice. Before the end of the thirty (30) day period, Design Professional shall invoice
the Owner for all work it satisfactorily performed prior to the receipt of such notice. No amount shall
be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall
become property of the Owner upon termination of the Agreement and shall be promptly delivered to
the Owner in a reasonably organized form. Should Owner subsequently contract with a new Design
Professional for continuation of services on the Project, Design Professional shall cooperate in
providing information.
7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Design
Professional shall be compensated for services satisfactorily performed prior to notice of such
suspension. When the Project is resumed, the Design Professional's compensation shall be equitably
adjusted to provide for expenses incurred in the interruption and resumption of the Design
Professional's services.
7.3 The Agreement may be terminated by the Owner upon not less than seven days written notice to
the Design Professional in the event that the Project is permanently abandoned. If the Project is
abandoned by the Owner for more than 90 consecutive days, the Design Professional or the Owner
may terminate the Agreement by giving written notice.
7.4 Failure of the Owner to make payments to the Design Professional for work satisfactorily
completed in accordance with the Agreement shall be considered substantial nonperformance and
cause for termination.
RFP 2860 Engineering Design of US377 15
7.5 If the Owner falls to make payment to Design Professional within thirty (30) days of receipt of a
statement for services properly and satisfactorily performed, the Design Professional may, upon seven
days written notice to the Owner, suspend performance of services under the Agreement.
7.6 In the event of termination not the fault of the Design Professional, the Design Professional shall
be compensated for services properly and satisfactorily performed prior to termination.
ARTICLE 8 PAYMENTS TO THE DESIGN PROFESSIONAL
8.1 DIRECT PERSONNEL EXPENSE
8.1.1 Direct Personnel Expense is defined as the direct salaries of the Design Professional's
personnel engaged on the Project and the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as employment taxes and other statutory
employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions
and benefits.
8.2 REIMBURSABLE EXPENSES
8.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services
and include expenses incurred by the Design Professional and Design Professional's employees
and consultants in the interest of the Project, as identified in the following Clauses.
8.2.1.1 Expense of transportation in connection with the Project; expenses in connection
with authorized out-o[-town travel; long-distance communications; and fees paid for secur-
ing approval of authorities having jurisdiction over the Project.
8.2.1.2 Expense of reproductions (except the reproduction of the sets of documents
referenced in Subsection 2.6.19), postage and handling of Drawings, Specifications and
other documents.
8.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher
than regular rates.
8.2.1.4 Expense of renderings, models and mock-ups requested by the Owner.
8.2.1.5 Expense of computer-aided design and drafting equipment time when used in
connection with the Project.
8.2.1.6 Other expenses that are approved in advance in writing by the Owner.
8.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
8.3.1 Payments for Basic Services shall be made monthly and, where applicable, shall be in
proportion to services performed within each phase of service, on the basis set forth in Section 2
of the Agreement and the schedute of work.
RFP 2860 Engineering Design of US377 16
8.3.2 If and to the extent that the time initially established in the Agreement is exceeded or
extended through no fault of the Design Professional, compensation for any services rendered
during the additional period of time shall be computed in the manner set forth in Section 2 of the
Agreement,
8.3.3 When compensation is based on a percentage of Construction Cost and any portions of the
Project are deleted or otherwise not constructed, compensation for those portions of the Project
shall be payable to the extent services are performed on those portions, in accordance with the
schedule set forth in Section 2 of the Agreement based on (1) the lowest bona fide bid or (2) if no
such bid or proposal is received, the most recent preliminary estimate of Construction Cost or
detailed estimate of Construction Cost for such portions of the Project.
8.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
8.4.1 Payments on account of the Design Professional's Additional Services and for
Reimbursable Expenses shall be made monthly within 30 days after the presentation to the
Owner of the Design Professional's statement of services rendered or expenses incurred.
8.5 PAYMENTS WITHIIELD No deductions shall be made from the Design Professional's com-
pensation on account of penalty, liquidated damages or other sums withheld from payments to
contractors, or on account of the cost of changes in the work other than those for which the Design
Professional is responsible.
8.6 DESIGN PROFESSIONAL'S ACCOUNTING RECORDS Design Professional shall make
available to Owner or Owner's authorized representative records of Reimbursable Expenses and
expenses pertaining to Additional Services and services performed on the basis of a multiple of Direct
Personnel Expense for inspection and copying during regular business hours for three years after the
date of the final Certificate of Payment, or until any litigation related to the Project is final, whichever
date is later.
ARTICLE 9 INDEMNITY
9.1 The Design Professional shall indemnify and save and hold harmless the Owner and its
officers, agents, and employees from and against any and all liability, claims, demands, damages,
losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred
by the Owner, and including, without limitation, damages for bodily and personal injury, death and
property damage, resulting from the negligent acts or omissions of the Design Professional or its
officers, shareholders, agents, or employees in the execution, operation, or performance of the
Agreement.
9.2 Nothing herein shall be construed to create a liability to any person who is not a party to the
Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any
claim, cause of action, or litigation filed by anyone not a party to the Agreement, including the
defense of governmental immunity, which defenses are hereby expressly reserved.
RFP 2860 Engineering Design of US377 17
ARTICLE 10 INSURANCE During the performance of the Services under the Agreement,
Design Professional shall maintain the following insurance with an insurance company licensed to
do business in the State of Texas by the State Insurance Commission or any successor agency that
has a rating with Best Rate Carriers of at least an A- or above:
10.1 Comprehensive General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property
damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the
aggregate.
10.2 Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident, and with property damage limits of not less
than $100,000 for each accident.
10.3 Worker's Compensation Insurance in accordance with statutory requirements, and Employers'
Liability Insurance with limits of not less than $100,000 for each accident including occupational
disease.
10.4 Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
10.5 The Design Professional shall furnish insurance certificates or insurance policies to the Owner
evidencing insurance in compliance with this Article 10 at the time of the execution of the
Agreement. The General Liability and Automobile Liability insurance policies shall name the
Owner as an additional insured, the Workers' Compensation policy shall contain a waiver of
subrogation in favor of the Owner, and each policy shall contain a provision that such insurance
shall not be canceled or modified without thirty (30) days' prior written notice to Owner and Design
Professional. In such event, the Design Professional shall, prior to the effective date of the change
or cancellation, furnish Owner with substitute certificates of insurance meeting the requirements of
this Article 10.
ARTICLE 11 MiSCELLANEOUS PROViSIONS
11.1 The Agreement shall be governed by the laws of the State of Texas. Venue of any suit or cause
of action under the Agreement shall lie exclusively in Denton County, Texas.
11.2 The Owner and Design Professional, respectively, bind themselves, their partners, successors,
assigns and legal representatives to the other party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with respect to all covenants of this Agreement.
The Design Professional shall not assign its interests in the Agreement without the written consent of
the Owner.
11,3 The term Agreement as used herein includes the executed Agreement, the Proposal, these
General Conditions and other attachments referenced in Section 3 of the Agreement which together
represent the entire and integrated agreement between the Owner and Design Professional and
supersedes all prior negotiations, representations or agreements, either written or oral. The Agreement
RFP 2860 Engineering Design of US377 t 8
may be amended only by written instrument signed by both Owner and Design Professional. When
interpreting the Agreement the executed Agreement, Proposal, these General Conditions and the other
attachments referenced in Section 3 of the Agreement shall to the extent that is reasonably possible be
read so as to harmonize the provisions. However, should the provisions of these documents be in
conflict so that they can not be reasonably harmonized, such documents shall be given priority in the
following order:
i. The executed Agreement
2. Attachments referenced in Section 3 of the Agreement other than the Proposal
3. These General Provisions
4. The Proposal
11.4 Nothing contained in the Agreement shall create a contractual relationship with or a cause of
action in favor of a third party against either the Owner or Design Professional.
11.5 Upon receipt of prior written approval of Owner, the Design Professional shall have the right to
include representations of the design of the Project, including photographs of the exterior and interior,
among the Design Professional's promotional and professional materials. The Design Professional's
materials shall not include the Owner's confidential or proprietary information if the Owner has
previously advised the Design Professional in writing of the specific information considered by the
Owner to be confidential or proprietary. The Owner shall provide professional credit for the Design
Professional on the construction sign and in the promotional materials for the Project.
11.6 Approval by the Owner shall not constitute, nor be deemed a release of the responsibility and
liability of the Design Professional, its employees, associates, agents, subcontractors, and
subconsultants for the accuracy and competency of their designs or other work; nor shall such
approval be deemed to be an assumption of such responsibility by the Owner for any defect in the
design or other work prepared by the Design Professional, its employees, subcontractors, agents,
and consultants.
11.7 All notices, communications, and reports required or permitted under the Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States mail
to the address shown below signature block on the Agreement, certified mall, return receipt
requested, unless otherwise specified herein. All notices shall be deemed effective upon receipt by
the party to whom such notice is given, or within three (3) days after mailing.
11.8 If any provision of the Agreement is found or deemed by a court of competent jurisdiction to
be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement
and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform the Agreement to replace such stricken provision with a valid and enforceable provision
which comes as close as possible to expressing the intention of the stricken provision.
RFP 2860 Engineering Design of US377 19
11.9 The Design Professional shall comply with all federal, state, and local laws, roles, regulations,
and ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
11.10 In performing the Services required hereunder, the Design Professional shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
11.11 The captions of the Agreement are for informational purposes only, and shall not in any way
affect the substantive terms or conditions of the Agreement.
RFP 2860 Engineering Design of US377 20
ATTACHMENT A
CITY OF DENTON
In Cooperation with
TEXAS DEPARTMENT OF TRANSPORTATION
DALLAS DISTRICT
US 377 (FORT WORTH DRIVE) UPRR UNDERPASS
DENTON COUNTY
CS J: 0081-04-025
SERVICES TO BE PROVIDED BY THE CITY
ROUTE AND DESIGN STUDIES
(Function Code 110)
Traffic Evaluations and Projections
Attend Design Concept Conference.
FIELD SURVEYING
(Function Code 150)
All survey topographical information collected to date including:
· On-site baseline and vertical control.
· Mapping data created from field topography along UPRR and Fort Worth Drive in the
form of a DGN File (MicroStation J or V8).
Mapping shall comply with level symbology as provided within this document.
the entire project, including adjacent
features/facilities that could potentially be impacted by the proposed improvements, in a
format that is compatible with the design software GEOPAK.
·
B. Two (2) permanent benchmarks for the project.
C. A digital terrain model that encompasses
PROJECT MANAGEMENT
(Function Code 190)
A. Review and Approve Project Design Criteria.
B. Provide Copies of As-Built Plans, as available.
Page 1 of 3 Attachment A
LEVEL SYMBOLOGY (Base Mapping)
feature ~dge of pavement - concrete 1 0 3
feature edge of pavement - asphalt 3 0 3
feature edge of p~vement - gravel 2 0 3
feature top of cu~ (back 0f cu~) 3 0 1
guffer flowline (face of curb-integral or
feature 3 0 1
guffer line-Type II) ._
feature sidewalk, bike path, steps, ramp 4 0 2
leature railroad (top of rail) 4 0 2
feature driveway - concrete 1 0 2
feature driveway- othe~ VAR 0 2 CO 2 =grav I, CO 3 = asphalt
f~=tu~ =~idg~ (=bu,=~t~, ~g~ of ~b, ~t=.) ~ 0 ~
feature sign, bill~a~ 6 0 1
feature ~a~ing meter 6 0 1 ....
feature ~ence VAR 0 I CO 3 = barbed wire
edge of water (rake, ~nd, fountain,
feature etc.) 7 0 1
feature guardrail 5 0 I
CO 1 = concrete, CO 2 = brick,
feature retaining wall VAR 0 I
CO 3 = other
feature '~ater fine conduit 7 0 1
~ater line features (hydrants, valves, 7 0 1
feature ~etem, etc.)
to~ ~ator line 7 0 1 .._
feature sewer line conduit 6 0 1
sewer line features (manholes,
feature =leanouts, se~ices, etc.} 6 0 1
te~ sewer fine 6 0 1
4 0 1
feature ove~ead el~tric conduit
feature underground electric conduit 4 2
OH & UG et~ric features (power
feature 4 0 1
)°les, guys, etc.) ..
t~ OH & UG ~ct,~ ~ 0 ~
gas line features (manholes, se~ices,
feature 2 0 1
te~ gas line 2 0 1
Page 2 of 3 Attachment A
;able line features (vaults, manholes,
feature traffic signal conduit 6
feature traffic signal features (poles, pull
boxes, vaults, etc.) 6 0 1
feature lighting conduit 6 0 1
lighting features (~les, pull ~xes,
control box, etc.) ....
te~ lighting 6 0 1
feature sto~ sewer- drainage pipe 5 0 1
feature storm sewer - pipe/driveway culve~ 5 0 1
feature ~to~m sewer - ~x culve~ 5 0
~to~ sewer - features (inlets,
feature 5 0 1
~anholes, vaults, etc.)
feature sto~ sewer - ditch flowline ~ 4 1
te~ sto~ sewe~ - te~ 5 0 ,._ 1
feature storm sewer - other 5 0
points )avement points 1 0 1
te~ )avement descriptions 1 0 1
~ints utili~ ~ints 0 0 1
te~ utili~ elevations 2 0 1 ....
~ints ~rope~/ROW ~ints 0 0
te~ }rope~/ROW descriptions 4 0
~ints ~u~ace feature ~ints 0 0 1
te~ su~aoe feMure elevations 2 0
te~ sudace feature descriptions 4 0 1
te~ miscellaneous te~ 0 0 1
Page 3 of 3 Attachment A
A'n'ACHMENT B
CITY OF DENTON
In Cooperation with
TEXAS DEPARTMENT OF TRANSPORTATION
DALLAS DISTRICT
US 377 (FORT WORTH DRIVE) UPRR UNDERPASS
DENTON COUNTY
CS J: 00081-04-025
SERVICES TO BE PROVIDED BY THE ENGINEER
GENERAL PROJECT OVERVIEW
The work to be performed by the ENGINEER under this contract shall consist of providing
engineering services for a letter report, alternate conceptual bridge sketches, preliminary roadway
design, and constructibility review, environmental document preparation and PS&E (Rail and
Rail Structure Only) for the US 377 UPRR Underpass. The ENGINEER will also provide
coordination with Union Pacific Railroad (UPRR) to arrive at a preferred alternative that meets
the needs of the City of Denton (CITY), TxDOT (STATE) and is agreeable to UPRR.
The ENGINEER will employ a computer graphics system that will provide Microstation format
graphic files compatible with the current version of Microstation software used by the CITY
and/or STATE. At completion of project, files will be converted to AutoCAD 14 (straight
Microstation conversion with no cleanup) and transmitted to CITY in both formats.
All coordinate geometry will be based on and tied into the CITY's and/or STATE's coordinate
system.
The ENGINEER shall collect, review, and evaluate available existing data pertaining to the
above project and prepare the preliminary designs in accordance with the requirements and
policies of the STATE.
The ENGINEER will provide all services listed in Attachment "B". The CITY and/or STATE
will provide all services identified in Attachment "A.
The CITY and/or STATE will be the principal contact for public/private inquiries regarding the
project.
Contract Constraints and Conditions
The project will be developed in English units of US survey feet.
Page 1 of 15 Attachment B
The ENGINEER will be required to meet with the designated CITY and/or STATE
representatives on a regularly scheduled basis to report on progress. A typewritten progress
report will be required, together with evidence of the work accomplished during the period since
the previous report. Formal progress reports with bar charts will be required on a monthly basis.
PS&E shall be prepared in accordance with the applicable requirements of STATE and UPRR
Specifications, Standards, and manuals (updated for revisions). Whenever possible, the
Department's standard drawings, standard specifications, or previously approved special
provisions and/or special specifications will be used. If a special provision and/or special
specification must be developed for this project, it shall be in the Departmental format and, to the
extent possible, incorporate references to approved Department test procedures. Any design
exceptions to STATE standards shall be requested in writing by the ENGINEER for CiTY
and/or STATE approval.
The engineering work on this project will be performed and may be inspected by the CITY
and/or STATE in the offices of the ENGINEER, except for the fieldwork, which shall be
performed on-site.
Deliverable Items Required of the ENGINEER
The ENGINEER will be required to provide the following deliverable items:
1. Copies of proposed alternative layout sketches as required for review.
Provide the CITY and/or STATE with preliminary cost estimates for all Proposed
altematives and for the preferred alternative.
For the 90% submittal, the ENGINEER will submit three (3) copies of the letter report outlining
the alternatives and the selected alternate to be design in PS&E portion of this contract. After
CITY's review of the 90% submittal is complete and the ENGINEER is notified of their
findings, the ENGINEER will be required to correct and/or clarify matters noted during the
review process and submit the final report back to CITY and/or STATE.
Engineering and surveying services shall also include the tasks more specifically described in the
following TASK olYrLINE.
Page 2 of 15 Attachment B
US 377 UPRR UNDERPASS
PRELIMINARY CONCEPTS
TASK OUTLINE
ROUTE AND DESIGN STUDIES
(Function Code 110)
Attend project Kickoff Meeting held at CITY's Municipal Office and an additional 2
meetings with CITY, STATE and/or UPRR personnel.
Collect and review project information including:
1. As-built plans.
2. Traffic data.
3. Existing Union Pacific Railroad operational information.
C. Prepare preliminary design.
1. Develop roadway design criteria.
2. Develop general design criteria for determining feasibility of altematives.
Prepare preliminary roadway plan & profile sheets of the preferred alternative for the
subject roadway segment.
All geometric design shall be in conformance with the design guides and manuals
referenced in APPENDIX C. The ENGINEER will establish a digital terrain and
roadway geometry model with the Bently MicroStation enhancement known as
GEOPAK.
Create special design criteria files for the GEOPAK roadway geometry model as
required.
Profile shall match the existing roadway at transition areas deemed necessary by the
ENGINEER to accommodate drainage design, bridge clearances, superelevation
transitions, design speeds, intersection streets, driveways or any other clearance
considerations.
7. Develop bridge design criteria for preferred alternative.
8. Evaluate impacts to adjacent property owners for preferred alternative.
Conceptual traffic control plan for preferred alternative. Prepare preliminary Traffic
Control Plan, detour layouts, and Sequence of Construction. The sequence of
Page 3 of 15 Attachment B
construction and method of handling traffic during each phase.
10. Determine preliminary limits of construction.
11. The ENGINEER anticipates the roadway design requirements will not vary between
the alternatives.
12.
Develop alternate design and construction schemes for the replacement of the existing
US 377 UPRR Underpass. The altematives shall include:
a. Permanent Realignment of Railroad Track to the East of the Existing Structure.
b. Permanent Realignment of Railroad Track to the West of the Existing Structure.
c. Construct a Shoo-Fly with Temporary Bridge to the West.
d. Construct a Shoo-Fly to the West Using the Existing Superstructure for the Bridge
Structure.
e. Construct a Shoo-Fly to the West Using the Proposed Superstructure for the
Bridge Structure and then using Roll-In Technology for Final Placement.
f. Replacement of the Existing Structure using Top Down Construction.
g. Convert the Intersection of US 377 and UPRR from an Underpass to an Overpass.
h. Up to two (2) additional alternatives may be investigated
13. Perform a preliminary superstructure design to establish the constructability of the
replacement superstructure alternatives.
14.
Coordinate with CITY and/or STATE and UPRR in an effort to arrive at a preferred
alternative that meets the needs of CITY and/or STATE and is agreeable to Union
Pacific Railroad.
15. Prepare Design Summary Report (DSR) for the preferred alternative.
Verification of horizontal and vertical alignment of existing UPRR mainline and siding
through project area.
D. Determine Preferred STATE District Details to be used.
E. Determine Preferred STATE District Standards to be used.
F. Prepare Project Guide
SOCIAL & ENVIRONMENTAL STUDIES AND PUBLIC INVOLVEMENT
(Function Code 120)
Project Coordination: This task includes communication with the project ENGINEER
team as well as considerable informal communication with personnel of the Dallas District,
the STATE Environmental Affairs Division and resource agencies, as necessary. It also
includes attendance at up to (1) coordination meeting by the ENGINEER team with
Page 4 of 15 Attachment B
STATE personnel. All correspondence with resource agencies will be preserved for
inclusion in the Categorical Exclusion (CE) document; telephone or in person discussions
with agency officials will be logged as part of the project file.
Field Surveys (Including Field Prep.): This task provides for The ENGINEER team to
perform site surveys to identify potential environmental constraints including land use,
socioeconomic issues, wetlands and other waters of the U.S., recreational issues (Section
4[f]), industrial waste issues, ecological resources, and cultural resources.
Environmental Resource Data Collection and Mapping: The ENGINEER team will
perform the necessary background and field reconnaissance to gather data necessary for
completion of a CE. The proposed CE will follow the format and content of other CE's
recently completed by the STATE. This information will be graphically depicted and
characterized with respect to location, termini, costs, concept, status, extent of required land
acquisition, etc.
Impact Summary: A summary of project impacts will be prepared for pertinent disciplines.
This scope assumes that no significant impacts will occur. Any resource category requiring
a determination of significance will require an additional scope and budget. This scope
assumes-that no new right-of-way will be required, no relocations will be necessary,
adjacent land use and access to adjacent communities and businesses should not be
impacted by construction or operation of the proposed improvements. No capacity will be
added to the roadway. It is also based on the list of assumptions contained herein.
Prepare Categorical Exclusion: The Categorical Exclusion document will comply in all
respects with the National Environmental Policy Act and the guidelines of the STATE and
FHWA for preparing environmental documents. The analysis will address the adverse and
beneficial impacts of project construction and operation.
Submit Draft Categorical Exclusion to STATE - Dallas District: The Draft CE will be
submitted to STATE - Dallas District and by them to STATE - Environmental Affairs for
their review and comments; STATE - Environmental Affairs will then circulate copies of
the draft to the appropriate regulatory agencies for their review.
Prepare and Submit Final Categorical Exclusion: After receiving comments on the draft
CE from the STATE and the appropriate regulatory review agencies, the ENGINEER
team will make the necessary revisions and will produce a final CE for submittal by the
STATE to the Federal Highway Administration (FHWA) for CE approval.
Wetlands: The ENGINEER team will conduct a wetland delineation of project site. This
scope is based on the assumption that the project will have some wetland impacts but will
still be suitable for a nationwide 404 permit. In addition, a "Wetlands Finding" will be
provided in accordance with Executive Order 11990 and FHWA policy.
Natural Resources and Threatened and Endangered Species: A description of the natural
Page 5 of 15 Attachment B
resources and a list of threatened and endangered species of potential occurrence will be
developed and an assessment of habitat values will be provided. This scope does not
include any field surveys for threatened or endangered species.
Conduct an electronic search of potential hazardous materials sites followed by
reconnaissance-level field investigations to verify the location of potential sites and collect
additional preliminary information. Full Phase I Environmental Site Assessments that may
be required are not included under this scope of work. The information will be
incorporated into the CE, along with a discussion of potential impacts, based on the best
available information.
Assist the STATE with a meeting with affected property owners. Prepare exhibits for the
meeting and prepare a meeting summary memorandum. The ENGINEER team will attend
up to one (1) meeting.
L. Assumptions:
All investigations will be conducted based on existing literature and mapped data,
aerial photographic interpretation, interactions with local and regional experts, and
field reconnaissance. Unless it becomes necessary for a specific site, no private
property will be accessed to perform detailed environmental investigations for any
resource category. If private property access is required, the ENGINEER team will
be responsible for obtaining landowner permission.
This proposed project involves the evaluation of design options for replacing the
existing bridge on US 377 UPRR Underpass in Denton County to meet current design
standards.
The ENGINEER team assumes an Environmental Assessment that anticipates the
issuance of a Categorical Exclusion will fulfill the NEPA requirements for the
proposed improvements to US 377 (as opposed to an Environmental Assessment that
leads to a Finding of No Significant Impac0.
The following tasks are not covered in this scope of work and may or may not be
necessary. If necessary, these tasks would be conducted under additional scopes and
budgets.
a. Threatened and Endangered Species Surveys
b. Air quality and Traffic Noise analysis
c. Traffic Noise Mitigation Analysis
d. Wetland Delineation beyond stream transects and isolated wetlands, wetland
permitting requiring coordination with the Corps of Engineers and/or Full
Mitigation Planning
e. Phase I Site Assessment
f. DOT Section 4(f) Statement
g. Full Unregulated Habitat Mitigation Planning (TxDOT-TPWD MOU)
Page 6 of 15 Attachment B
Surveys and documentation for cultural resources including photo
documentation of historic structures.
Any surveys and documentation for cultural resources required for coordination
with the Texas Historic Commission
Any alternative that is on new location requiring new right of way
Any technical studies required as a result of modifications in project design
alignment, or alternatives submitted after submittal of the draft CE will also
require an additional scope of work and budget.
The ENGINEER team assumes that requisite engineering information (costs, project
layout, traffic data, etc) will be provided by the ENGINEER team and/or the CITY
and/or STATE in a timely manner. The draft CE will be submitted to the CITY
and/or STATE not less than 30 days and not more than 60 days after final
engineering information is available, including schematics, for all alternative
alignments or design options to be addressed in the CE.
ROW AND UTILITY ADJUSTMENT
(Function Code 130)
A. Utility Investigation
The ENGINEER will design the project to minimize utility conflicts and adjustments
where possible.
Furnish a notice to the utility companies with a layout of the project in order for the
utility companies to identify and locate their utilities on the utility layout.
After the CITY and/or STATE approve the utility adjustment plans, the plans will be
forwarded to the ENGINEER for their records.
Place the location of existing and proposed utility adjustments on plan and profile
sheets of the construction plans.
Lead the coordination with affected utility companies. The ENGINEER shall send
plan sheets with a list of utilities affected to the CITY and/or STATE.
B. Right-of-Way
Not included within this scope of work. If ROW work is required, a supplemental
agreement will be developed to address.
Determine an effective right of way for this project. ROW mapping and all supporting
documents (filed notes, parcel sketching, whole property sketches, and closure reports) will
be developed as a supplemental, if required after completion of design.
Page 7 of 15 Attachment B
D. Develop a utility block maps from utilities affected by the project.
FIELD SURVEYING
(Function Code 150)
Not included within this scope of work. If FIELD SURVEYING work is required, a
supplemental agreement will be developed to address.
ROADWAY DESIGN
(Function Code 160)
Not included within this scope of work. If ROADWAY DESIGN work is required, a
supplemental agreement will be developed to address.
MISCELLANOUS DESIGN
(Function Code 163)
A. Conceptual Railroad Grading and Track Design
Digital Terrain Model:
From information in the design survey to be provided by the CITY, a digital terrain
model will be developed in GEOPAK and/or InRoads design software. This digital
terrain model is critical to development of all horizontal and vertical alignments and
quantity calculations.
Track Alignment Design:
GEOPAK and/or InRoads design software will be used to create an existing vertical
and horizontal track alignment from survey data provided by the City. The proposed
track top-of-rail (T/R) profile will match the existing T/R profile. The proposed
horizontal alignment will meet UPRR design criteria as outlined in the UPRR
Engineering Track Standards. The shoo-fly will be offset a maximum of 100' from
the existing track through the area of the bridge construction. Track design
parameters unique to this project will incorporate data from the UPRR Timetable and
Condensed Profiles. Any necessary variances from UPRR standard design will be
approved through UPRR's project representative.
Typical Fill Section and Embankment Design:
The UPRR Engineering Track Standards will be followed for selecting a typical track
section. A criteria file and/or template will be created for the typical section. UPRR
requires a roadbed top width that varies with track superelevation. For the conceptual
design only the standard 30' top width will be modeled. The variable top width will
be modeled during final design. Cross sections will be generated at 100' intervals
using the existing ground digital terrain model developed.
4. Plan and Profile Plot:
Page 8 of 15 Attachment B
A 1"=100' plan and profile scroll plot with top of rail elevations will be created for a
conceptual design meeting in Denton. The plot will include the existing topographic
features, existing railroad signal lines and bungalows, existing track alignment,
proposed track alignment, proposed track embankment grading limits, proposed
roadway location, proposed bridge location and approximate UPRR right-of-way
limits. This plot will also be submitted to the UPRR in Omaha, NE (Corporate
Headquarters) for approval of the temporary shoo-fly conceptual design.
o
Typical Cross Sections:
Typical embankment cross-sections and preliminary drainage concepts will be
prepared for the conceptual design meeting in Denton. These will also be submitted
to the UPRR for approval of the temporary shoo-fly conceptual design.
Quality Control:
Independent QC reviews of the conceptual track and embankment design will be
performed by senior HDR railroad staff.
B. Final Railroad Grading and Track Design
Track Alignment Design:
GEOPAK and/or InRoads design software will be used to create final vertical and
horizontal shoo-fly track geometrics. The alignment will be based on the preliminary
track design that was accepted by UPRR during conceptual design. The design will
meet criteria as outlined in the UPRR Engineering Track Standards.
Typical Fill Section and Embankment Design:
The UPRR Engineering Track Standards will be followed for selecting typical track
sections. Criteria files and/or templates wiI1 be created for the typical sections.
UPRR requires a roadbed top width that varies with track superelevation. The
variable top width will be included in the final design. Cross sections will be
generated at 100' intervals using the final design templates and the existing ground
digital terrain model developed within the conceptual design phase.
Temporary Shoo-fly Embankment Drainage:
Toe of slope ditches and temporary culverts required to provide positive drainage for
the shoo-fly embankment and required to meet the UPRR drainage design criteria
will be included in the grading design. This design task will be basic in nature and
will be limited to the minimum effort necessary to address local drainage conditions.
Erosion control issues and erosion control plan requirements will be addressed by
others. Any other drainage permit issues will also be addressed by others.
Specifications:
Specifications and Special Conditions required for railroad track construction will be
provided. UPRR Standard Track Construction Specifications will be used as a
template and modified as required for this project. Grading Specifications will be
Page 9 of 15 Attachment B
developed in accordance with STATE standard practice. HDR will review the
grading specifications to check for UPRR acceptability.
Coordination with UPRR:
Submittals to the UPRR will be required at the preliminary concept stage, at 60%,
90%, and 100% complete.
Deliverables:
HDR will provide drawings for the preliminary concept, 60%, 90% and 100% review
submittals. Quantity and opinion of probable construction cost will be provided for
the 60% and 90% submittals.
Quality Control:
Independent QC reviews of the final track and grading design will be performed by
senior HDR railroad staff.
BRIDGE DESIGN
(Function Code 170)
A. Railroad Bridge Design
1. Assumptions:
It is assumed that provisions for double mainline tracks will be necessary. This will
be accomplished via separate superstructures for each track, with a pedestrian
walkway placed between the structures. Steel railings will be provided along the
outer edges of the twin superstructures. Alternatively, a single-track superstructure
will be provided with extended abutments and foundations for interior bent extensions
for use in constructing a superstructure at a later date when the UPRR installs a
second track. The final concept will have to be negotiated with the UPRR. The
design of a separate maintenance road structure is not included with this scope of
services.
The design of US 377 Roadway is not included with this scope of services.
Coordination wiI1 be necessary with CITY and/or STATE for the design of US 377
for setting horizontal and vertical geometries.
STATE Standard Specifications for Construction of Highways, Streets and Bridges
will be utilized as the construction specifications along with any special specifications
required by the UPRR. AREMA specifications will be utilized for the design of the
railroad bridge.
2. Geotechnical Services:
Page 10 of 15 Attachment B
The Geotechnical Field Exploration will consist of the following:
Drill 3 borings to a depth of approximately 75 feet each, 1 exploratory boring at each
bridge abutment and 1 boring located at the center support bent of the proposed
bridge
Obtain relatively undisturbed thin-walled tube samples, standard penetration test
samples, and NX-size core samples as appropriate for the soils and/or rock
encountered
Observe for groundwater seepage during drilling and record level
Backfill boreholes with cuttings upon completion.
To determine the characteristics of the soil conditions in the project location, selected
Iaboratory testing will be conducted on samples that are considered to be reasonably
representative of the materials obtained from the field exploration. The tests will
evaluate and classify the soils, identify subsurface site characteristics, and provide
data for analysis. The tests will include:
Atterberg limits (liquid and plastic limits, 9 tests maximum)
Percent passing no. 200 sieve (9 tests maximum)
Unit dry weight and moisture content (30 tests maximum)
One-dimensional consolidation (2 tests maximum)
Unconfined compressive strength on soil/rock (20 tests maximum)
An engineering analysis and evaluation of the field and laboratory data will be
performed for the project, based on available project concepts. Information to be
provided is as follows:
Plan of borings iIlustrating the approximate location of each boring and scale to which
the drawing is made
A log of each boring indicating the boring number, depth of each stratum, soil
classification and description, and groundwater information
Summary of laboratory test results
A discussion of subsurface soil and groundwater conditions
Estimates of soil movement
Recommendations for foundation type, depth, and allowable loading
Earthwork recommendations for the proposed embankments
Four copies of the bound report
Page 11 of 15 Attachment B
3. Bridge Design Criteria:
An AREMA Cooper E-80 live load will be utilized for the design of the structure.
Minimum ballast depth shall be 12 inches below the bottom of concrete ties or 8
inches below the bottom of timber ties, but provisions shall be made in the dead loads
for a maximum ballast depth of 30 inches.
Minimum vertical clearance to US 377 below shall be 17'-6" from current roadway
elevation unless a sacrificial impact beam is located adjacent to the structure on each
side.
4. Coordination with UPRR:
Submittals to the UPRR will be required at the preliminary concept stage, at 60%,
90%, and 100% complete. Submittal of the final bridge design calculations will also
be required.
5. Deliverables:
HDR will provide drawings for the preliminary concept, 60%, 90% and 100% review
submittals. Quantity and opinion of probable construction cost will be provided for
the 60% and 90% submittals.
6. Quality Control:
Engineering staff members will check design calculations and the drawings will
undergo QC reviews by senior HDR railroad staff.
PROJECT MANAGEMENT
(Function Code 190)
The ENGINEER, in coordination with the CITY Contract Manager (hereinafter referred to
as Contract Manager), will be responsible for directing and coordinating all activities
associated with the US 377 (Fort Worth Drive) @ UPRR Project (hereinafter referred to as
Project).
Design Concept Conference
Discuss development of design criteria, typical cross section and general process
discussion.
Deliverables
· One copy of Design Report (D§R)
2. Scheduling
Page 12 of 15 Attachment B
The ENGINEER will develop a detailed, graphic project schedule (in Microsoft
Project format) indicating tasks, subtasks, critical dates, milestone events,
deliverables, information requested from external agencies and the CITY and/or
STATE review requirements. The project schedule will be in a format that depicts
the order and interdependence of the various tasks, subtasks, milestones, and
deliverables for each task identified herein. Progress will be reviewed monthly and,
should these reviews indicate a substantial change in progress, the schedule will then
be revised subject to the approval of the Contract Manager.
Project Meetings
Monthly project status meetings will be held with the CITY and/or STATE to
discuss project issues that arise. The ENGINEER will document all meetings and
forward copies of meeting minutes to the Contract Manager. The ENGINEER will
inform the CITY in advance of any changes to the set schedule, including anticipated
delays for CITY's approval to revise the Project Schedule.
Progress Reports, Invoices and Billings
The ENGINEER will review the schedule and prepare monthly progress reports for
review by the Contract Manager. Invoices for all work completed during the period
will be submitted monthly for the ENGINEER and all sub-consultants. Monthly
progress reports will include:
(a) Activities during the reporting period
(b) Activities planned for the following month
(c) Problems encountered and actions to remedy them
(d) Overall status, including a tabulation of percentage completed by task.
Deliverables
· Monthly Schedule and Progress Reports (one [1] printed copy of each with
invoice).
· Monthly invoices, including tabulation of percentage complete by task.
Project Guide
A project management plan will be prepared to identify project organization and
responsibilities, coordination and communication procedures, project team meetings,
document format, report format, technical memorandum format, graphic production
standards, and other important operational information pertaining to the
ENGINEER/STATE team activities.
Deliverables
· One copy of Project Guide
Sub-Consultant Coordination
The development and maintenance of effective communication among the Project
team, the City and/or STATE and other entities will be one of the key factors in
achieving the successful completion of the Project. The ENGINEER will oversee
Page 13 of 15 Attachment B
the preparation of all documents and manage all activities as follows:
(a) Project Coordination. All correspondence and coordination will be
handled through and with the concurrence of the Contract Manager.
(b) Lines of Communication. Communications between the ENGINEER
and The will be through the Contract Manager unless otherwise directed in
writing by the Contract Manager. The ENGINEER shall designate one
Texas Registered Professional ENGINEER to be the Project Manager and
be responsible throughout the Project for management and ail
communications, including billing, with the Contract Manager. The
CITY must approve any replacements of the ENGINEER's designated
Project Manager.
(c) Project Administration - The ENGINEER will manage all project
activities, including scheduled and unscheduled meetings, project direction
of team and staff, correspondence with and response to the CITY and/or
STATE which would include assistance to the CITY and/or STATE in
the preparation of responses to inquiries.
(d) Correspondence. The ENGINEER will submit all written materials,
letters, survey forms, etc. used to solicit information or collect data for the
project to the Contract Manager, or designee, for review and acceptance
before its use or distribution. Word processing will be prepared using
Microsoft Office 2000 Professional Office Version or compatible
Microsoft Word version 7.0 format. Diskettes will be IBM compatible.
(f) Communication with other agencies. Communications with other
agencies regarding this project will be handled solely by the CITY to
ensure all parties are properly notified of any conclusions reached from
these communications.
(g) Release of Information. The release of any project related information
will be approved by the Contract Manager.
(h) Document Printing and Distribution. The ENGINEER will be
responsible for development of electronic document files and for printing
copies of all draft and final documents, reports, etc. produced for the
project except where defined by each specific Task. The CITY will be
responsible for the distribution of all draft and final documents to
appropriate agencies and the public.
Close-Out
Upon completion, the ENGINEER will submit all electronic files to the CITY
and/or STATE. Copies of the transmitted materials will be retained by the
ENGINEER for two (2) years after delivery of originals/diskettes to the CITY and/or
STATE.
CONSTRUCTION MANAGEMENT
(Function Code 310)
The ENGINEER, in coordination with the CITY Contract Manager, will be responsible
Page 14 of 15 Attachment B
for observing all construction activities associated with the US 377 (Fort Worth Drive) @
UPRR Project.
1. For this Function Code an assumption of one (1) man day/week for duration of one
(1) year was included within the scope of work.
2. During Construction, an assumption of one (1) construction status meeting per month
for the duration of the construction will be conducted. Project Manager and
Construction personnel will attend.
Page 15 of 15 Attachment B
ATrACHMENT E
CITY OF DENTON
In Cooperation with
TEXAS DEPARTMENT OF TRANSPORTATION
DALLAS DISTRICT
US 377 (FORT WORTH DRIVE) UPRR UNDERPASS
DENTON COUNTY
CS J: 0081-04-025
RATES OF ADD. SERVICES TO BE PROVIDED BY THE ENGINEER, If Re.quired.
Ben Dyess & Associates
Market Research, Property Inspection, &
Preparation of Appraisals
Commissioners' Hearings, Depositions,
Pre-Trial Conferences, and Trial
Testimony
$125.00 per hour
$150.00 per hour
LopezGarcia Group
2-Man Field Party
3-Man Field Party
4-Man Field Party
Registered Professional Land Surveyor
Survey Technician
Secretary
Abstractor
GPS Services
Mileage
$85.17 per hour
$110.95 per hour
$136.74 per hour
$103.83 per hour
$56.50 per hour
$47.99 per hour
$56.50 per hour
$35.00 per hour/per unit
$0.325 per mile
Page 1 of 1 Misc. Attachment
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Agenda 02-029 09/03/02 #7
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
September 3, 2002
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Charles Fiedler 349-8948
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of the Gayla Bridges Street Paving; providing for the expenditure of
funds therefore; and providing an effective date (Bid 2855-Gayla Bridges Street Paving awarded
to Jagoe-Public Co. in the amount of $89,798).
BID INFORMATION
This bid is for the repaving of Gayla Street and Bridges Street. Gayla Street is a short connector
street between Mayhill Road and Bridges Street. Bridges Street extends north from Spencer and
dead ends.
RECOMMENDATION
We recommend this bid be awarded to the lowest responsible bidder, Jagoe-Public Co. in the
amount of $89,798.
PRINCIPAL PLACE OF BUSINESS
Jagoe-Public Co.
Denton, TX
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to be completed by November 15, 2002.
FISCAL INFORMATION
This project will be funded from account 90200035.1360.10100.
Agenda information Sheet
September 3, 2002
Page 2
Attachment 1: Tabulation Sheet
1-AIS-Bid 2855 Gayla Bridges Street Paving
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Attachment 1
BID# 2855 Date: 7/9/02
GAYLA BRIDGES STREET PAVING
Jagoe Public Associates
Principle Place of Business: Denton, TX Keller, TX
TOTAL BASE BID $89,798.00 $123,217.00
1
ADDENDUM # 1 Yes Yes
2
Bid Bond Yes Yes
3
2855
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE GAYLA BRIDGES STREET PAVING;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN
EFFECTIVE DATE (BID 2855-GAYLA BRIDGES STREET PAVING AWARDED TO JAGOE-
PUBLIC CO. IN THE AMOUNT OF $89,798).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2855 Jagoe-Public Co. $89,798
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of .,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD- BID 2855 GAYLA BRIDGES STREET PAVING
CONTRACTUAL ORDINANCE
This page left blank intemionally.
Agenda 02-029 09/03/02 #8
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
September 3, 2002
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Jim Coulter 349-7194
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of the Loop 288 42" and 36" Water Transmission Lines; providing
for the expenditure of funds therefore; and providing an effective date (Bid 2872-Loop 288 42"
and 36" Water Transmission Lines awarded to S.J. Louis Construction of Texas LTD., LLP in
the base bid amount of $2,132,782.60 plus Alternates A and B in the amount of $27,500 for a
total amount of $2,160,282.60).
BID INFORMATION
The Loop 288 42-Inch and 36-Inch Water Transmission Lines project consists of approximately
6,685 linear feet of 42-inch, and 5,585 linear feet of 36-inch water line paralleling Loop 288
from Sherman Drive west to what was formerly the TI property west of Locust Street, to connect
to the 54-inch transmission line from the Lake Ray Roberts Water TreatmeN Plant (WTP). Also
included on the project is approximately 880 linear feet of 12-inch water line crossing Loop 288
at Stuart Road. These water transmission lines are a major component in the connection of the
new 54-inch line and the new Water Treatment Plant to the City's distribution system.
There were two bid items that were included as additive alternates to (1) remove a house and
abandon the associated septic system adjaceN to pipeline STA 37+00 in the amount of $7500
and (2) install fiber optic cable and appurtenances provided by DeNon Municipal Electric
(DME) along the pipeline alignmeN for a lump sum amount of $20,000.
This project consists of a large diameter water transmission pipeline. To date, the largest size
waterline within the DeNon distribNion system is 36" and 42" pipeline located near the Lake
Lewisville Water Treatment Plant on Spencer Road. Large diameter pressure pipelines require
special care and attention in installation due to numerous factors including structural support of
the pipe in bedding and compaction, tighter tolerances required in making pipeline joins, and
special considerations for thrust restrain and pipeline welding requiremeNs. Additionally, the
42-Inch and 36-Inch pipe material will be either concrete cylinder pipe (CCP) or mortar coated
steel pipe (MCSP), which require a higher level of experience and quality control than does
smaller diameter plastic pipelines. CCP and MCSP are custom fabricated for the site conditions,
and require specialized experience in the planning and installation of the pipe.
Agenda Information Sheet
September 3, 2002
Page 2
This project is also the second largest (in terms of dollars) pipeline project built by the City of
Denton Water Utilities in the last 25 years. The schedule is tight with respect to time allotted for
substantial completion (February 28, 2003). Furthermore completion of this pipeline project on
this schedule is critical to the city's ability to bring the Lake Ray Roberts Water Treatment Plant
project online (substantial completion by February 24, 2003) and to test the high service
pumping equipment prior to the completion of the plant and the start of the warranty period.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at the August 19, 2002 meeting.
RECOMMENDATION
We recommend that Bid 2872 be awarded to S.J. Louis Construction of Texas LTD, LLP in the
base bid amount of $2,132,782.60 plus Alternates A and B in the amount of $27,500 for a total
amount of $2,160,282.60.
The lower offering from Texas Electric Utility Construction, Inc. has been determined by the
using department and the design engineers not to be the lowest responsible bidder. This
determination is based upon Texas Electric Utility's non-compliance with minimum experience
requirements for large diameter pipeline installation. The net cost difference between Texas
Electric and S.J. Louis Construction, including the base bid and the two bid alternates, is
$73,838.46. This represents a 3.5% difference. Texas Electric Utility has recently entered the
field of water transmission line construction. Although the City has awarded smaller contracts to
it there is concern that a project of this size may cause installation and construction timing
problems that only an experienced contractor can handle. As stated above, these water
transmission lines are a major component in the distribution system for the new City water
treatment plant. It is critical that these lines be installed expeditiously. Because of this legitimate
need for experience, the bid qualifications specified that the successful bidder demonstrate
experience on projects of this size. Texas Electric Utility has not completed any project of this
magnitude.
In contrast, S.J. Louis Construction has substantial experience in handling water transmission
projects of this size. Therefore, S.J. Louis Construction is recommended as the lowest
responsible bidder. The City's engineering consultant, Freese and Nichols, Inc. concurs with this
recommendation.
PRINCIPAL PLACE OF BUSINESS
S.J. Louis Construction LTD., LLP
Mansfield, TX
STAFF COST ESTIMATE
The engineer's estimate for this project was $2,500,000.
Agenda Information Sheet
September 3, 2002
Page 3
ESTIMATED SCHEDULE OF PROJECT
This project is estimated to begin October 2002. The completion date is estimated to be March
1, 2003.
FISCAL INFORMATION
Funding for this project will be from account 63003900.1360.40100.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Attachment 1: Tabulation Sheet
1-AIS-Bid 2872 Loop 288 42" and 36" Water Lines
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ATTACHHENT .~.2
August 7, 2002
Mr. Frank Payrm, P.E.
Engine~ing and Capital Projects Administrator
Denton, Texas 76205
Loop 288 42-Inch and 36-1neh
Water Transmission Pipelines
Denton Bid No. 2872
Recouen~on of Award
Dear Mr. Payne:
Bids w~rc received on Thursday, August 1, 2002 for the constru~ion oftbo gfe~nced project. A
total of seven bids were received for the project. Bidders w~re allowed to submit pri~es for up to
three alternate pipe materials, including' Bar-Wrapped Concrot~ Cylind~ Pipe (CCP), mortar
c, oatcd ~ pipe (MC, SP), and polyorc~gane coated stol pipe (PCSP). The bid proposal.had=two
The second was for installation of Fiber Optic Cable along the mainline. Attached is a summary
of the bids and the bid tabulation.
Texas ~c Utility ConStruction submitted the lowest overall~ase bid. Their tabulated overall
base bid amount shown in their proposal was $2,017,546.60, however there were s~v~ral
discrepancies in their bid b~en the unit price and extended amOunts. In aecordance with fig
bidding documents, where a conflict exists between unit prices and extended amount subtotals,
the unit price takes p~.cdcnce over thc egtend~ amount. Thc overall base bid amount, correctly
tabulated using unit price, amounts, is $2,010,391.79, which was based on.furnishing and
installing bar-wrapped concrete cylin&r pipe. As can bo seen, Texas Electrio Utility
Construction is still the low bidder.
The s~cond lowest overall base bid submitted was from S.J. Louis Construction of Texas LTD.,
LLP for tho amount of'$2,132,782.60, which was also bas~ on famishing and installing bar-
wrapped concrete oylindcr pipe.
Duc to the size of the pipeline, the cost of the project and the fact that the construction schedule
and compl~ion of this project is critical to thc overall completion of thc Lakc Ray Roberts
trm~smis$ion and distribution system, minimmu qual'ific, ation rexluircmonts fo~ prospective bidders
were included in thc Instructions to Bidders ofthe bid docum~ts. Freesc and Nichols, Inc.
believes that Texas Electric Utility Construction has not demonstrated thc capability to meet the
mlmmum quahficat~ons set out in the bid dooumems. On August 2, 2002, lrmese and Nie~ols,
Inc. r~lucsted in writing from the three low bidders, their qualifications to perform the work as
specified in thc bid documcnts. In addition, on Autust 2, 2002, Freese and NichoLs, Inc. spoke
with representatives of Texas Electric Utility Construction regarding these qualifications. Frcese
and Nichols, Inc. has received and reviewed company financial information from Texas Electric
Freese and Nichols, Inc.
4055 International Plaza
817-735-7300
Engineers Environmental Scientist~ Architects
Suite 200 Forl Worth, Texas 76109-4895
Fax 817-735-7491 www.freese.com
EXHIBIT !11
Utility Constmctioa. Freose and Nichols, Inc., has not received project experience history,
resaimes of key personnel to bo assigned to fl~ projex:t and ref~.r.~s fi'om Texas Electric Utility
Construction. Per tho bidding documents, tho bidders are required to furnish tboir qualifications,
oxpe~.'~n~e records, ~, within five (5) ~ys oftl~ bid ol~_-~_i.~. On tl~ momi~ of~ 7,
Texas Electric Utility Construction was contae2~ by tole~hon~ regarding the;status of the
remainder of tho qualifications which had not boon submitted. No additional information was
rcc~i~.,ezt by Fr~r,s~ and Nichols, In~. As a r6sult, Fro~so and Nichols, ln~. has not b~n able to
verify fl~ exp,~'ion¢o requirements and reformers for Teams t~lo~rio Utility Constnu~on. In
tolephon~ c~mversations with them, they have meationed that th~ do not moot th~ project
eXlm'ien¢o requirements set forth.
Frooso and Niohola, Inc. believes that it would be in the City's best interests to award the contract
to tho second lowest bidder, S.J. Louis Construction of Texas LTD., LLP. S.;. Louis has
completed many similar projects in the Notch Texas area. We hav~ r~viewod tboir oxpexience
record, proposed staffing for the project, and checked several of their project rofor~$ for large
diameter water lines. S.J. Louis meets the minimum qualLfication requircn~nts establi~ed in the
bidding dooumont$. Mr. Lynn Hitt o£Wiaonbakor, Fix & A~ao~i~t~s, Mr. Dav~ Mullir.$ of tho
City of Irving, Texas, and Mr. O~orge Fanous of the City of Grand Prairie, Toyma, were all
three, which are as large or larger than this laroject, All three individuals l~rovided highly
favorable references for Louis, stating that they have had positive exporionooa with S.$. Louis,
that $.$: Louis was~ ~asy to work with and that they .would not hesitate.to recommend them or use
thom for similar work. Tho references agreed that $.$. Louis's staffm$ is expexienccd and
capable and that the occurrence of change ordm and ¢onatrnction problems were reasonable for
We b~lieve that S.$. Louis is capable of performing the work:on this project, and rooommead the
City of Denton award the contract to S.J. Louis for the amount of $2,132,782.60. S.J. Louis
submitted only one base bid for alternate pipe materials, har-wmpl:~l concrete cylinder pipe. We
rc¢onm~end the award be based on this pil~ material. We understand thc City staff is evaluating
thc altcmate bid items.
ffyou have any questions or comments, please do not hesitate to corflact me.
Sine~rely yours,
Freese and Nichols, Inc.
Rus~ll C, ibson, P.E.
Principal
Attaohm~
Tom Shaw, City of Denton
Tim Fisher, P.E.. City of Denton
File
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE LOOP 288 42" AND 36" WATER
TRANSMISSION L1NES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE (BID 2872-LOOP 288 WATER TRANSMISSION
LINES AWARDED TO THE LOWEST RESPONSIBLE BIDDER IN THE BASE BID AMOUNT
OF $2,132,782.60 PLUS ALTERNATES A AND B IN THE AMOUNT OF $27,500 FOR A
TOTAL AMOUNT OF $2,160,282.60).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Council finds that Texas Electric Utility Construction, Inc. ("Texas
Electric") is not the lowest responsible bidder due its lack of overall experience including experience
on a project this size, because of the time constraints for completing the project, and because of other
evidence establishing that there is a substantial risk that it may be unable to complete the project as
specified in a timely manner; and
WHEREAS, Texas Electric was given written notice of the proposed award and given an
opportunity to appear before the City Council to present evidence concerning its responsibility; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2872 S.J. Louis Construction of Texas L.T.D., LLP $2,160,282.60
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of .,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Agenda 02-029 09/03/02 #9
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
September 3, 2002
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Charles Fiedler 349-8948
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a public works
contract for the construction of the Northwest Elevated Storage Tank Supply Line project;
providing for the expenditure of funds therefore; and providing an effective date (Bid 2874-
Northwest Elevated Storage Tank Supply Line awarded to Texas Electric Utility Construction,
Inc. in the amount of $344,825.73).
BID INFORMATION
This project consists of approximately 1,190 linear feet of 20-inch and 278 linear feet of 16-inch
water line crossing Interstate 35 on the north side of Loop 288 to connect the new Northwest
Elevated Storage Tank to the existing 16-inch transmission line on the east side of Interstate 35.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
This project was approved by the Public Utility Board at the August 19, 2002 meeting.
RECOMMENDATION
We recommend this bid be awarded to the lowest responsible bidder, Texas Electric Utility
Construction, Inc. in the amount of $344,825.73.
PRINCIPAL PLACE OF BUSINESS
Texas Electric Utility Company, Inc.
Sherman, TX
STAFF COST ESTIMATE
The engineer's estimate for this project was $386,000.
ESTIMATED SCHEDULE OF PROJECT
This project is scheduled to begin October 1, 2002 with an estimated completion date of
February 1, 2003.
Agenda Information Sheet
September 3, 2002
Page 2
FISCAL INFORMATION
Funding for this project will be provided from account 63003900.1360.40100.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Attachment 1: Tabulation Sheet
1-AIS-Bid 2874 NW Elevated Storage Tank Supply Line
Attachment 1
Bid # 2874
Date: 08/06/2002
NORTHWEST ELEVATED STORAGE TANK
i TOTAL BASE BID $449,487.00 $344, 825.73 $543,827.57
3 ADDENDUM 1 YES YES YES
5
7
9
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR THE CONSTRUCTION OF THE NORTHWEST ELEVATED STORAGE
TANK SUPPLY LINE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2874-NORTHWEST ELEVATED STORAGE TANK
SUPPLY LINE AWARDED TO TEXAS UTILITY CONSTRUCTION, INC. IN THE AMOUNT
OF $344,825.73).
WHEREAS, the City has solicited, received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended that
the herein described bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid invitation, bid proposals and plans and specifications therein;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the following competitive bids for the construction of public works or
improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on
file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto,
are hereby accepted and approved as being the lowest responsible bids:
BID
NUMBER CONTRACTOR AMOUNT
2874 Texas Electric Utility Construction, Inc. $344,825.73
SECTION 2. That the acceptance and approval of the above competitive bids shall not
constitute a contract between the City and the person submitting the bid for construction of such
public works or improvements herein accepted and approved, until such person shall comply with all
requirements specified in the Notice to Bidders including the timely execution of a written contract
and furnishing of performance and payment bonds, and insurance certificate after notification of the
award of the bid.
SECTION 3. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in accordance
with the bids accepted and approved herein, provided that such contracts are made in accordance
with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms,
conditions, plans and specifications, standards, quantities and specified sums contained therein.
SECTION 4. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the expenditure of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of .,2002
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
3-ORD- BID 2874 NORTHWEST STORAGE TANK SUPPLY LINE - CONTRACTUAL ORDINANCE
This page left blank intemionally.
Agenda 02-029 09/03/02 #10
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
September 3, 2002
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Vance Kemler 349-8444
SUBJECT
Consider adoption of an Ordinance of the City of DeNon authorizing the City manager or his
designee to execute a purchase order with Houston-Galveston Area Council of Governmems (H-
GAC) for the acquisition of semi-automated recycling carts by way of an Imerlocal Agreemem
with the City of DeNon; authorizing the expenditure of funds therefore; and providing an
effective date (Interlocal Agreemem-Purchase Order 106474 to H-GAC in the amount of
$594,585).
PURCHASE ORDER INFORMATION
On May 14, 2002, the City Council awarded Bid 2832 for residemial curbside recycling and
processing services to Trinity Waste Services. The City has the responsibility for providing
recycling containers to residential customers for this program. After conducting a small test
program in the community, staff has determined that carts would be the preferred comainer to
use for collection. The Houston- Galveston Area Council of Governmems (H-GAC) has solicited
bids for carts on behalf of cities in Texas. Their 2002 pricing schedule provides a competitively
priced cart that meets the City's service requiremems and distribution schedule.
PRIOR ACTION/VIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board recommended approval of this item at the August 19, 2002 meeting.
RECOMMENDATION
We recommend that Purchase Order 106474 to H-GAC be approved in the amount of $594,585.
PRINCIPAL PLACE OF BUSINESS
Houston-Galveston Area Council of Govemmems (H-GAC)
Houston, TX
Contract Supplier: Otto Industries
Houston, TX
Agenda Information Sheet
September 3, 2002
Page 2
ESTIMATED SCHEDULE OF PROJECT
Delivery of the carts is estimated to be October 15, 2002.
FISCAL INFORMATION
Funding for this acquisition will come from Solid Waste project account 66001800.1360.30100.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Attachment 1: H-GAC Pricing Sheet
1-AIS-Purchase Order 106474
ATTACHMENT
CONTRACT WORKSHEET
PRICING
frae F~l~ D~t~ils MUST b~ pro~id~d ~ltb
ICf [
C
No cl~n~ for hot stnmp
8chloral From Addi~
Suldobd B:
Unimbibhd Op~om (It~d~o belov, ,tbch .dd#iomd sheet~) g mecesnrT)
Description Cost
co~ e~ ]ten bre~ Adjmments (A+B~
G
T~lmi Pm~a~ ~ ,(D'I'E+F):
Pn)mis Denyev
(Pbme P~4ut
~0,552
1 0/1 54(12
PAGE 1
CONTRACT PRICING WORKSHEET
frae F~lowlfff DfMil~ MUST be prd~i;l~d wifA frs tmreA~f or,er mlmdtted t~ H-(~AC by Ef~l U~er)
I~ T. Dornnk ~Coniroct ~
713-~'3-79~3 Fr°duet Cede: 1 Co
32-fdi~ mst
A ~ ~ Unit ~ P~w H-GAC ~
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] l~ · mm~mm (]hmmmb bdow, m~adms mddlflml ~mmm~,) if mmemsm~, )
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C
C~st
SuMobd From Additiomd Sbee~s):
Unpeddbbed Optiom (lbadoe bdow, atbch addiUosd shed(s) if aecessm7)
Sabtn~! From Additioad Shed(s):
SuMebd C:
Che~ The told cost of Unpublished Options ss a percentuSe of the totd of the hse l~:e Plm
per c~rtX 22,266.00
G
Sabtdsd F:
TomlPurchme Pric~ (D+E+F):
554.033
Premix! Ddivery Da~e:
;Pbgc Print Lqfbl~)
10~15/02
PAGE 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-
GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUiSiTiON
OF SEMI-AUTOMATED RECYCLING CARTS BY WAY OF AN iNTERLOCAL
AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (1NTERLOCAL
AGREEMENT-PURCHASE ORDER 106474 TO H-GAC IN THE AMOUNT OF $594,585).
WHEREAS, pursuant to Ordinance 95-107, the Houston-Galveston Council Area of
Government (H-GAC) has solicited, received, and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies, or services in accordance with the procedures of state
law on behalf of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council of Government (H-GAC) programs at less cost
than the City would expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the materials, equipment, supplies, or services approved and
accepted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i. That the numbered items in the following numbered purchase order for
materials, equipment, supplies, or services, shown in the "Purchase Orders" referenced herein
and on file in office of the Purchasing Agent, are hereby accepted and approved as being the
lowest responsible bids for such items:
PURCHASE
ORDER VENDOR AMOUNT
106474 H-GAC $594,585
SECTION II. That by the acceptance and approval of the above numbered items set
forth in the referenced purchase orders, the City accepts the offer of the persons submitting the
bids to the H-GAC for such items and agrees to purchase the materials, equipment, supplies, or
services in accordance with the terms, conditions, specifications, standards, quantities and for the
specified sums contained in the bid documents and related documents filed with the H-GAC, and
the purchase orders issued by the City.
SECTION iii. That should the City and persons submitting approved and accepted items
set forth in the referenced purchase orders wish to enter into a formal written agreement as a
result of the City's ratification of bids awarded by the H-GAC, the City Manager or his
designated representative is hereby authorized to execute the written contract which shall be
attached hereto; provided that the written contract is in accordance with the terms, conditions,
specifications and standards contained in the Proposal submitted to the H-GAC, quantities and
specified sums contained in the City's purchase orders, and related documents herein approved
and accepted.
SECTION IV. That by the acceptance and approval of the above numbered items set
forth in the referenced purchase orders, the City Council hereby authorizes the expenditure of
funds therefor in the amount and in accordance with the approval purchase orders or pursuant to
a written contract made pursuant thereto as authorized herein
SECTION V. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this
day of ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
106474-HGAC INTERLOCAL COOPERATIVE PURCHASING ORDINANCE (2-02)
Agenda 02-029 09/03/02 #11
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
September 3, 2002
Materials Management
Kathy DuBose, Fiscal and Municipal Services
Questions concerning this
acquisition may be directed
to Ed Hodney 349-8271
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the
purchase of priming, typesetting, distribution and advertisemem sales for the Parks and
Recreation Department's PLAY Seasonal Brochure; providing for the expenditure of funds
therefore; and providing an effective date (Bid 2871-Parks & Recreation Seasonal Brochure
awarded to the lowest bidder for each section in the gross amount of $39,912.85 less $12,000
(Estimated Ad Revenue) for a net estimated cost of $27,912.85).
BID INFORMATION
This bid is for the priming, typesetting, distribution and advertisemem sales for the Parks and
Recreation PLAY Brochure. The brochure is a complete listing of Parks and Recreation
programs extended to the citizens. The brochure is printed and distributed three times per year
with advertisemem sales offsetting some of the cost. The base bid is for priming of 105,000
copies per year. There are 32 pages per issue in addition to 5-8 pages of advertising in each
brochure.
RECOMMENDATION
We recommend this bid be awarded to the lowest responsible bidder as listed below:
Item Description Supplier Price
1 Priming Demon Publishing Co. $23,957.85
2 Typesetting FJ Business Forms $ 2,205
3 Distribution Demon Publishing Co. $11,250
4 Ad Sales (Commission) FJ Business Forms $ 2,500
Gross Amount $39,912.85
4 Ad Sales (Revenue) Paid to City of Demon -($12,000)
Net Estimated Amount $27,912.85
PRINCIPAL PLACE OF BUSINESS
FJ Business Forms Denton Publishing Co.
Denton, TX Denton, TX
Agenda Information Sheet
September 3,2002
Page 2
ESTIMATED SCHEDULE OF PROJECT
Winter/Spring Brochures
Summer Brochures
Fall Brochures
FISCAL INFORMATION
January 3, 2002
April 26, 2002
August 15 2002
Brochures costs will be funded from accounts (401110.6386, 411110.6386, 401110.6308,
401110.7914) and will be partially offset by advertising sales of approximately $12,000.
Respectfully submitted:
Tom Shaw, C.P.M., 349-7100
Attachment 1: Tabulation Sheet
1-AIS-Bid 2871
W
(.3
0
n,
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF PRINTING, TYPESETTING, DISTRIBUTION AND ADVERTiSiEMENT
SALES FOR THE PARKS AND RECREATION DEPARTMENT'S PLAY SEASONAL
BROCHURE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING AN EFFECTIVE DATE (BID 2871-PARKS AND RECREATION SEASONAL
BROCHURE AWARDED TO THE LOWEST RESPONSIBLE BIDDER FOR EACH SECTION
IN THE GROSS AMOUNT OF $39,912.85 LESS $12,000 (ESTIMATED AD REVENUE) FOR A
NET ESTIMATED COST OF $27,912.85).
WHEREAS, the City has solicited and received competitive proposals for the purchase of
necessary materials, equipmem, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that
the herein described proposals are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipmem, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipmem, supplies, or services, shown in the "Bid Proposals" on file in the office of the City
Purchasing Agem, are hereby accepted and approved as being the lowest responsible bids for such
items:
BID ITEM
NUMBER NUMBER VENDOR AMOUNT
2871 1 DeNon Publishing Co. $23,957.85
2871 2 FJ Business Forms $ 2,205
2871 3 DeNon Publishing Co. $11,250
2871 4 FJ Business Forms $ 2,500
Gross Amount $39,912.85
4 Ad Revenue to City -$12,000
Net Estimated Amount $27,912.85
SECTION 2. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees
to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums comained in the Bid invitations, Bid
Proposals, and related documents.
SECTION 3. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute a written contract which shall be on file at the office of the Purchasing Agent;
provided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities and specified sums contained in the Bid Proposal and related documents herein
approved and accepted.
SECTION 4. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the
amount and in accordance with the approved bids or pursuant to a written contract made pursuant
thereto as authorized herein.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
__ day of ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
RFP 2871 P.A.R.D. Seasonal Brochures
This page left blank intemionally.
Agenda 02-029 09/03/02 #12
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
September 3, 2002
Parks and Recreation Department
ACM: Dave Hill, Assistant City Manager 349-8314 '];~)~"
SUBJECT
Consider approval of a resolution allowing Mi Casita Restaurant to be the sole participant
allowed to sell alcoholic beverages at the Fuego Y Alma Event on September 28, 2002,
upon certain conditions; authorizing the City Manager or his designee to execute an
agreement in conformity with this resolution; and providing for an effective date.
BACKGROUND
The Fuego Y Alma Committee, made up of community volunteers, voted for the second
year to support the sale of alcohol at the event, allowing Mi Casita Restaurant to be the
sole proprietor of this product. Mi Casita Restaurant will be responsible for rental of the
booth space, obtaining the temporary license, and securing the temporary permit. All
proceeds from the sale will support further Fuego Y Alma events.
The first annual Fuego Y Alma Event is a Latino cultural festival, co-sponsored by the
City of Denton, Parks and Recreation Department. It is held in Civic Center Park and
includes local vendors, children's activities and entertainment. The admission is $3.00
per person.
OPTIONS
Council options include the approval or denial of the ordinance and agreement as
submitted. Council may also opt to modify the agreement to include additional or
modified requirements.
RECOMMENDATION
Staff recommends approval of the ordinance and agreement as submitted, which is
consistent with agreements with other co-sponsored events, such as the Denton Arts &
Jazz Festival.
ESTIMATED SCHEDULE OF PROJECT
The Fuego Y Alma Event is September 28, 2002, from 11:00 a.m. - 11:00 p.m. The sale
of alcohol will be limited to the one-day event.
PRIOR ACTION/REVIEW
At the August 26, 2002, meeting the Parks, Recreation and Beautification Board
recommended approval of this item.
FISCAL INFORMATION
This action has no impact on the City's General Fund budget. All costs and revenue from
this action will be solely the responsibility of the Mi Casita Restaurant.
BID INFORMATION
Not applicable
EXHIBITS
a. Resolution
b. Contract
c. Parks Board Minutes of August 26, 2002
RESPECTFULLY SUBMITTED:
Prepared by:
Ed Hodney, Director
Parks and Recreation Department
Janie McLeod, Administrative Assistant
Parks and Recreation Department
F:/adm/City Council/Fuegoyalma2001 .doc
2
RESOLUTION NO.
A RESOLUTION ALLOWING MI CASITA TO BE THE SOLE PARTICIPANT ALLOWED
TO SELL ALCOHOLIC BEVERAGES AT THE FUEGO Y ALMA ON SEPTEMBER 28,
2002, UPON CERTAIN CONDITIONS; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE AN AGREEMENT IN CONFORMITY WITH THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of DeNon ("City") is the owner of the Civic CeNer Park and
through the Park and Recreations Department co-sponsors a Fuego Y Alma Celebration at the
Civic Center Park;
WHEREAS, the consumption of alcoholic beverages is allowed in the Civic CeNer Park
pursuant to City of DeNon Code, §22-32 (b);
WHEREAS, the City Council finds that it is in the public iNerest to select only one
vendor of alcoholic beverages at the Fuego Y Alma; and
WHEREAS, Matt Kohaneani doing business as Mi Casita (called "Mi Casita") has
requested that they be sole participant allowed to sell alcoholic beverages at this year's Fuego Y
Alma Celebration on September 28, 2002; and
WHEREAS, the Parks and Recreation Board has recommended that Mi Casita be the sole
participant allowed to sell alcoholic beverages at the Fuego Y Alma Celebration; and
WHEREAS, the City agrees with the recommendation of the Parks and Recreation
Board; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. Mi Casita shall be the sole participant allowed to sell alcoholic beverages
at the Fuego Y Alma Celebration on September 28, 2002 at the Civic Center Park upon the
following conditions:
They shall be responsible for renal of any booth space
necessary;
They shall be responsible to obtain the temporary license and
permit for selling alcoholic beverages approved by appropriate
state agency;
They shall provide the security necessary for the sale of alcoholic
beverages;
They shall provide general comprehensive liability insurance from
a responsible carrier, with the City as an additional insured, in the
amount of $500,000.00.
Agrees to indemnify the City of Demon against any liability
incidem to the selling of alcoholic beverages at the Fuego Y Alma
Celebration.
SECTION 2. The City Manager or his designee is authorized to execute an agreemem in
conformity with this resolution, which shall be substantially in the form of the agreemem
attached hereto and made a part hereof by reference.
SECTION 3. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:\Our Documents\Resolutions\02\Fuego Y Alma alcohol sell.doc
STATE OF TEXAS
COUNTY OF DENTON
This AgreemeN, made this __
CIVIC CENTER AGREEMENT FOR
THE FUEGO Y ALMA CELEBRATION
day of ,2002, by and between the
City of DeNon, a municipal corporation, hereinafter referred to as the "CITY" and Matt
Kohaneani doing business as Mi Casita (called "Mi Casita ").
WITNESSETH, that in consideration of the covenants and agreemeNs herein coNained,
the parties hereto do mutually agree as follows:
ARTICLE 1
GENERAL
The City grants to Mi Casita the exclusive privilege to sell alcoholic beverages, subject
to the exceptions and conditions hereinafter set forth, for the Fuego Y Alma celebration on
September 28, 2002, to be held at the Civic Center Park. Attached hereto and made a part hereof
by is a copy of the resolution passed by the City Council of DeNon, Texas authorizing this
privilege. This privilege does not extend beyond the date of the Fuego Y Alma celebration set for
the year 2002.
ARTICLE 2
SCOPE OF SERVICES
Mi Casita in order to exercise the privilege to sell alcoholic beverages must perform the
following:
Mi Casita shall be solely responsible for the renal and paymeN for any booth space
necessary for the sale of alcoholic beverages at the Fuego Y Alma Celebration.
Mi Casita shall be solely responsible to obtain any temporary license and permit
necessary for the selling of alcoholic beverages at the Fuego Y Alma Celebration.
Mi Casita shall be solely responsible for the obtaining and paying for any security
necessary for their sale of alcoholic beverages at the Fuego Y Alma Celebration.
Mi Casita's failure to do any of the above and to show proper proof of compliance shall
waive their right to exercise the privilege of selling alcoholic beverages at the Fuego Y
Alma Celebration.
ARTICLE 3
LOCAL RULES AND REGULATION
Mi Casita agrees to abide by all municipal, county, state and federal laws, ordinances,
rules and regulations and specifically, without limitation, the Denton Civic Center Rules and
Regulations, to obtain all necessary and proper licenses, permits and authorizations, and to
comply with the requirements of any duly authorized person acting in connection therewith. Mi
Casita shall pay all taxes, if any, of every nature and description arising out of or in any manner
connected with the sale of alcoholic beverages.
Mi Casita will exercise reasonable care and due diligence in their sale of alcoholic
beverages at the Fuego Y Alma Celebration.
ARTICLE 4
INDEMNITY AGREEMENT
Mi Casita shall indemnify and save and hold harmless the CITY and its officers, agents,
and employees from and against any and all liability, claims, demands, losses, and expenses,
including but not limited to, court costs and reasonable attorney fees incurred by the CITY, and
including, without limitation, damages for bodily and personal injury, death and property
damage, resulting from the negligent acts or omissions of Mi Casita or it officers, shareholders,
agents, or employees in the execution, operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a liability to any person who is not
a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at
law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 5
INSURANCE
During the performance of the Agreement, Mi Casita shall maintain the following
insurance with an insurance company licensed to do business in the State of Texas by the State
Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at
least an A- or above:
Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less that $100,000 for each occurrence and not less than
$100,000 in the aggregate.
Mi Casita shall furnish insurance certificates or insurance policies at the CITY'S request
to evidence such coverages. The insurance policies shall name the CiTY as an additional
insured on all such policies, and shall contain a provision that such insurance shall not be
canceled or modified without written notice to the CITY and Mi Casita. in such event,
Fuego Y Alma Celebration Agreement- Page 2
Mi Casita shall, prior to the effective date of the change or cancellation, serve substitute
policies furnishing the same coverage.
ARTICLE 6
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by depositing same in the United
States mail to the address shown below, certified mail, return receipt requested, unless otherwise
specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing:
To Mi Casita:
To CITY:
Mi Casita:
Matt Kohaneani
110 N. Carroll Blvd.
Denton, Texas 76201
(940) 891-1932
CITY OF DENTON:
City Manager
215 E. McKinney
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three (3) days' mailing.
ARTICLE 7
ENTIRE AGREEMENT
This Agreement, consisting of five (5) pages and exhibits, constitutes the
complete and final expression of the agreement of the parties, and is intended as a complete and
exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous
offers, promises, representations, negotiations, discussions, communications, and agreements
which may have been made in connection with the subject matter hereof.
ARTICLE 8
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of
this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event,
the parties shall reform this Agreement to replace such stricken provision with a valid and
enforceable provision which comes as close as possible to expressing the intention of the stricken
provision.
Fuego Y Alma Celebration Agreement- Page 3
ARTICLE 9
DISCRIMINATION PROHIBITED
In performing the services required hereunder, Mi Casita shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ARTICLE 10
PERSONNEL
Mi Casita represents that it has or will secure, at its own expense, all personnel required
to perform all the services required under this Agreement. Such personnel shall not be
employees or officers of, or have any contractual relations with the CITY.
ARTICLE 11
ASSIGNABILITY
Mi Casita shall not assign any interest in this Agreement, and shall not transfer any
interest in this Agreement (whether by assignment, novation, or otherwise) without the prior
written consent of the CITY.
ARTICLE 12
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in evidence
in any proceeding arising between the parties hereto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, and unless such waiver or modification is in
writing and duly executed; and the parties further agree that the provisions of this section will not
be waived unless as set forth herein.
ARTICLE 13
MISCELLANEOUS
The following exhibits are attached to and made a part of this Agreement: (list exhibits)
Exhibit "A" Resolution No.
Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
Fuego Y Alma Celebration Agreement- Page 4
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
execmed by its duly authorized City Manager, and Mi Casita has execmed this Agreement
through its duly authorized undersigned officer on this the day of ,
2002.
CITY OF DENTON, TEXAS
MICHAEL A. CONDUFF, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Mi Casita:
BY:
Matt Kohaneani
Sole Proprietor
WITNESS:
BY:
Fuego Y Alma Celebration Agreement- Page 5
DRAFT
Parks, Recreation and Beautification
August 26, 2002
City Hall Conference Room
6:00 p.m.
Members present: Don Edwards, Dale Yeatts, Dalton Gregory, Geri Aschenbrenner, Brandon
Barnes and Teresa Andress.
Staff present: Ed Hodney, Janet Simpson, Emerson Vorel, John Whitmore, Janie McLeod and
Lancine Bentley.
Guests: Bobby Dollak with G & A Consultants, Inc., Ben Pinnell, developer, Marty Rivers -
President of First State Bank of Gainesville, and Patrick Vasquez, Chairman of Fuego Y Alma
2002.
Chairman Don Edwards called the meeting to order at 6:00 p.m.
Awards and Recognition - None
· th h
Approval of Minutes for dune 24 and duly 29t Meetings. Dale Yeatts made a motion to approve the
mmutes for June 24 and July 29th meetmgs. Gefi Aschenbrenner seconded the motion and it was
approved unanimously.
ACTION ITEMS
Provide Direction for the Surface Use of a Portion of Denton Branch Rail~Trail at Milepost 727.5.
Ed reminded the board that developer Ben Pinnell had requested a crossing on the Rail/Trail. At the
July 29th board meeting, Mr. Pinnell said he would make the following enhancements to the trail: pick
up trash and trim limbs along the trail from Dobbs Road to the Corinth City limits; provide and
maintain additional landscaping along the trail between North Corinth Street and Corinth Parkway;
providing stop signs at access crossing for vehicular traffic; provide deed restrictions preventing future
adjacent property owners from restricting parking for trail users; establishing a Business Office
Association (BOA) to maintain all said improvements until such time a rail system is built. At that
time, the BOA will at their expense remove all said improvements. Mr. Pinnell also said that an at-
grade time sensitive crossing will provide additional awareness to the Denton Trail System, possibly
serving as a safe entry point to the trail or a pick up point for trail users.
Ed said that staff recommends approval of the request.
ACTION: Dalton made a motion to approve the crossing requested as proposed. Geri seconded the
motion and it passed unanimously.
Consider approval of request to sell of alcoholic beverages at Fuego Y Alma Event on September 28th
in the Civic Center Park. Ed said that the Fuego Y Alma event would be held in the Civic Center Park
where sell of alcoholic beverages are allowed. He said that a resolution would be presented to City
Council requesting that Mi Casita Restaurant be the sole participant is allowed to sell alcoholic
DRAFT
beverages at the event.
Brandon asked if there had been any problems with last year's event. Patrick Vasquez said that
unfortunately, last year's event had been rained out but he did not anticipate any problems.
ACTION: Brandon moved that the request to sell alcoholic beverages at Fuego Y Alma be approved.
Teresa seconded the motion and it passed unanimously.
This page left blank intemionally.
Agenda 02-029 09/03/02 #13
AGENDA INFORMATION SHEET
AGENDA DATE: September 3, 2002
DEPARTMENT: Human Resources
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of a resolution of the City of DeNon, Texas approving revised City policies
regulating nepotism policy for the City of DeNon employees; and declaring an effective date.
BACKGROUND
In the past two years, an Employee Policy Review Committee was established to examine and
review the City's employmem policies, administrative procedures and administrative directives
comained in the "City of DeNon Policies and Procedures Manual." The manual is designed for
employee guidance and reference. The review process is coordinated by the Human Resources
Department in conjunction with Legal staff. When there is a discrepancy between the written
reference and the Organization's practice, the Committee makes a determination to either change
or to reinforce through training and communication, the affected policy, procedure or directive.
For the most part, the policies and amendments are primarily administrative in nature so as to
reflect the actual practices throughout the Organization.
Below are recommended amendments to the "Policy Statement" portion of the Nepotism Policy
(No. 102.08). This policy statemem has been updated in order to incorporate the changes
recommended by the Human Resources Department and the Employee Policy Review
Committee. The revised policy statement is as follows:
NEPOSTISM POLICY STATEMENT:
"The City of Denton shall not contribute through employment, in-house
advancemem or transfer process, to the creation of any inequity or impropriety
among its employees. City Charter, Section 14.05 states: "No person shall be
appoimed to an office or be employed by the City of DeNon who is related to any
member of the City Council within the second degree of affinity or the third degree
of consanguinity, and this shall apply to heads of departmems in their respective
departments.
"In a department comprised of more than one operational division, an applicant
related within the second degree of affinity or within the third degree of
consanguinity to a City employee employed in that operational division will not be
eligible for employmem within the same division. An applicant for a job in a
departmem consisting of one operational division who is related within the second
degree of affinity and the third degree of consanguinity to an employee of the
department will not be eligible for employment in that department.
Agenda Information Sheet
September 3, 2002
"An applicant for a temporary or seasonal position within an operational division of
the City, may be eligible for the position without regards to kinship of other
employees within that operational division as long as the period of employmem does
not exceed 120 days within a twelve month period.
"An applicant for a job in an operational division that reports to or serves as staff
liaison to a City board or commission is ineligible for employmem in that division if
the applicant is related within the second degree of affinity or the third degree of
consanguinity to any member of the board."
The policy statement has been changed to provide a limited exception for the employment of
temporary or seasonal employees who may be related to other employees within the same
operational division of a department. The recommended change reflects both the practice within
some divisions that hire temporary or seasonal employees and the needs of those particular
divisions to recruit and hire qualified individuals for those positions. The administrative
procedures that support this policy prohibit family members from being in direct or secondary
reporting relationships to each other.
PRIOR ACTION/REVIEW
There has been no prior action or review on this agenda item.
FISCAL INFORMATION
There is no fiscal impact on the City of Demon associated with this recommendation.
Respectfully submitted:
Carla J. Romine
Director of Human Resources
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED
CITY POLICIES REGULATING THE NEPOTISM POLICY OF CITY EMPLOYEES;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of DeNon, Texas has a nepotism policy for city employees
to ensure equity and propriety in the employmem of its employees; and
WHEREAS, the Director of the Human Resources Departmem for the City of
Demon has presemed a revised policy regarding employee rules and regulations
concerning the nepotism policy; and
WHEREAS, the City Council, desires to adopt such policy as an official policy
regarding employmem with the City; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. That Policy numbered 102.08 "Nepotism" of the Personnel Policies
and Procedure Manual of the City of DeNon attached hereto and incorporated by
reference herein, is hereby approved as official policy of the City of DeNon, Texas, and
replaces former policy 102.08.
SECTION 2. That the foregoing policy is attached hereto and made a part hereof
and shall be filed in the official records with the City Secretary.
SECTION 3. That this resolution shall become effective immediately upon its
passage and approval..
PASSED AND APPROVED this the
__day of ,2002
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
¥~ . ?_-. .) .
BY: ~~-~ "~" ~~"
CITY OF DENTON PAGE 1 OF 4
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: HUMAN RESOURCES REFERENCE NUMBER:
102.08
SUBJECT: EMPLOYEE APPOINTMENT INITIAL EFFECTIVE
DATE:
10-31-84
TITLE: NEPOTISM LAST REVISION DATE:
09/03/2002
POLICY STATEMENT:
The City of Denton shall not contribute through employment, in-house advancement or transfer process, to
the creation of any inequity or impropriety among its employees. City Charter, Section 14.05 states: "No
person shall be appoimed to an office or be employed by the City of Demon who is related to any member of
the City Council within the second degree of affinity or the third degree of consanguinity, and this shall apply
to heads of departments in their respective departments."
In a departmem comprised of more than one operational division, an applicam related within the second
degree of affinity or within the third degree of consanguinity to a City employee employed in that operational
division will not be eligible for employmem within the same division. An applicant for a job in a departmem
consisting of one operational division who is related within the second degree of affinity and the third degree
of consanguinity to an employee of the department will not be eligible for employment in that department.
An applicant for a temporary or seasonal position within an operational division of the City may be eligible
for the position, without regards to kinship of other employees within that operational division, as long as the
period of employmem does not exceed 120 days within a twelve month period.
An applicam for a job in an operational division that reports to or serves as staff liaison to a City board or
commission is ineligible for employmem in that division if the applicant is related within the second degree
of affinity or the third degree of consanguinity to any member of the board.
ADMINISTRATIVE PROCEDURE:
I. KINSHIP
For the purposes of this policy, the following shall constitute familial relationships:
A. Consanguinity (Blood Relationships)
1 st Degree
Mother
Father
Son
Daughter
HR/POLICY/102.08ProposedDraft
PAGE 2 OF 4
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: NEPOTISM REFERENCE NUMBER:
102.08
2nd Degree
Brother
Sister
Grandfather
Grandmother
Grandson
Granddaughter
3rd Degree
Great grandson
Great granddaughter
Great grandfather
Great grandmother
Uncle (your mother's or father's brother)
Aunt (your mother's or father's sister)
Nephew (your brother's or sister's son)
Niece (your brother's or sister's daughter)
B. Affinity (Marriage Relationships)
1 st Degree
Spouse
Step-children
Mother-in-law
Father-in-law
Son-in-law
Daughter-in-law
2nd Degree
Brother-in-law
Sister-in-law
Grandfather-in-law
Grandmother-in-law
Grandson-in-law
Granddaughter-in-law
H R/POLICY/102.08Proposed Draft
PAGE 3 OF 4
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: NEPOTISM REFERENCE NUMBER:
102.08
II.
"Operational divisions" within a departmem will be determined by that departmem's organizational
chart and are not necessarily equivalem to a departmem's budgetary divisions.
III.
An applicam shall be required to list all relatives related within the third degree of consanguinity
and within the second degree of affinity who are employed by the City or serving on a board or
commission on his or her application for employmem. Failure of an applicant to list all applicable
relatives employed the City or serving on a board or commission shall result in the disqualification
of the applicant for which he or she has applied.
IV. No currem employee may be appoimed or promoted to any supervisor's span of responsibility who
is related within the second degree of affinity or the third degree of consanguinity to that supervisor.
V. In the evem of promotion or marriage between two City employees, the following shall apply:
If the affected employees are employed in differem departmems or differem operational
divisions of a departmem, those employees may remain with the City and their job positions
will remain unaffected by the marriage or promotion.
At the discretion of the departmem director, married employees may remain and work in the
same division or departmem provided that one is not directly reporting to the other and neither
is in the same chain of command. The affected employees may report to the same director. If
however, the affected employees are unable to meet these criteria, then one must seek a transfer
to another division of that departmem or another department._ This decision shall be made and
agreed upon by those employees involved. An employee seeking a transfer will be considered
for any City position for which he is qualified but cannot remain in the existing division for
more than six (6) months. Qualifications being equal, the transferring employee shall be given
preferemial treatmem. If a suitable position cannot be found by the end of this period, one of
the two must terminate or be subject to reassignment if another position is available.
Reassignmem is subject to the discretion of the City Manager and the individual's skills and
qualifications.
VI. BOARDS AND COMMISSIONS
If employee is already employed with the City of Demon, then the employee is not required to
transfer or resign upon the appointment of a relative to a board or commission. However, an
applicant of a relative of an existing board member or member of a commission is not eligible for
employmem in the operational division, which serves as the liaison to the board or commission.
VII.
If the City institutes a reorganization that changes operational divisional or departmemal
boundaries, and an employee would then be working within the same operational division as, or
supervising, a member of his/her immediate family, one of the affected employees must transfer to
another operational division. The six (6) month period to arrange a transfer may be extended in 30-
H R/POLICY/102.08Proposed Draft
PAGE 4 OF 4
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: NEPOTISM REFERENCE NUMBER:
102.08
day incremems with the approval of the City Manager, the departmem director, and the supervisor.
The extension shall not exceed 90 calendar days. If a transfer is not possible, one of the employees
will be subject to mandatory reassignmem. If this is not possible, one of the employees will be
subject to dismissal. The determination of which employee shall be reassigned or terminated will
be based upon the business imerest of the operational division. For purposes of definition,
immediate family applies to the second degree of consanguinity and to the second degree of
affinity.
VIII.
Temporary and seasonal employees of the City of DeNon shall be partially exempt in that two or
more members of the same family who are related within the second degree of affinity and third
degree of consanguinity may be employed within the same operational division as long as the
following apply:
A. No more than one of the related employees may be a regular (non-temporary and non-
seasonal) employee of the operational division.
The related employees may not be in a direct reporting relationship with each other, a second
level report, or responsible in any manner for the scheduling, discipline, or work assignmems
for each other; and,
C. The temporary and seasonal employees may not be employed by the operational division for a
period lasting longer than 120 calendar days within a twelve-month period.
H R/POLICY/102.08Proposed Draft
This page left blank intemionally.
Agenda 02-029 09/03/02 #14
AGENDA INFORMATION SHEET
AGENDA DATE: September 3, 2002
DEPARTMENT: Human Resources
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of a resolution of the City of Demon, Texas approving revised City policies
regulating disciplinary appeal policy for the City of Demon employees; and declaring an
effective date.
BACKGROUND
In the past two years, an Employee Policy Review Committee was established to examine and
review the City's employmem policies, administrative procedures and administrative directives
comained in the "City of Demon Policies and Procedures Manual." The manual is designed for
employee guidance and reference. The review process is coordinated by the Human Resources
Department in conjunction with Legal staff. When there is a discrepancy between the written
reference and the Organization's practice, the Committee makes a determination to either change
or to reinforce through training and communication the affected policy, procedure or directive.
For the most part, the policies and amendments are primarily administrative in nature so as to
reflect the actual practices throughout the Organization.
Below are recommended amendments to the "Policy Statement" portion of the Disciplinary
Appeal Policy (No. 109.03). This policy was amended on September 18, 2001, along with other
disciplinary policies. This policy statement has been updated in order to incorporate the changes
recommended by the Human Resources Department that more accurately reflect the practices
relating to that policy. The revised policy statement follows:
DISCIPLINARY APPEAL POLICY STATEMENT:
It is the policy of the City of Demon to give individual employees an opportunity for
an appeal regarding disciplinary dismissal, disciplinary suspensions or demotions
when they believe that a disciplinary action taken against them is capricious or
arbitrary; the discipline violates an existing City of Demon policy or administrative
directive; the discipline violates an existing state or federal law or regulation; or
when the employee believes that the conduct for which he/she has been disciplined
constitutes the exercise of a constitutional right or a statutorily protected activity.
Disciplinary appeals are considered according to prescribed guidelines as set forth in
the following "Administrative Procedures". The disciplinary appeal process is
designed to afford the employee a responsive forum to guard against biased or
arbitrary decisions; however, nothing in this policy shall be construed as a grant to
any employee of a property right in tenured public employmem. All employees are
employed strictly on an at-will basis.
Agenda Information Sheet
September 3, 2002
Temporary employees, seasonal employees, contract employees, the City Manager,
the City Attorney, Municipal Judge, Assistant Judges and those employees governed
by the provisions of Chapter 143 of the Texas Local Govemmem Code are exempt
from this policy, unless specifically stated otherwise herein. However, an
opportunity for a response and appeal shall be afforded such employees when they
believe that a disciplinary action taken against them is capricious or arbitrary; the
discipline violates an existing City of Demon policy or administrative directive; the
discipline violates an existing state or federal law or regulation; or when the
employee believes that the conduct charged constitutes the exercise of a
constitutional right or a statutorily protected activity.
The policy statement has been changed to reflect the new title of the policy and to substitute the
word "appeal" for "review hearing." This change more accurately reflects the appeal process
that is one of investigative review on behalf of the appeal official and does not necessarily
include a quasi-judicial hearing except in those situations defined in the City's charter.
PRIOR ACTION/REVIEW
There has been no prior action or review on this agenda item.
FISCAL INFORMATION
There is no fiscal impact on the City of Demon associated with this recommendation.
Respectfully submitted:
Carla J. Romine
Director of Human Resources
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED
CITY POLICIES REGULATING THE DISCIPLINARY APPEAL POLICY OF CITY
EMPLOYEES; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of DeNon, Texas has a disciplinary hearing policy for city
employees to allow appeals of certain disciplinary actions under certain conditions; and
WHEREAS, the Director of the Human Resources Departmem for the City of
Demon has presemed a revised policy regarding employee rules and regulations
concerning the disciplinary appeal process; and
WHEREAS, the City Council, desires to adopt such policy as an official policy
regarding employmem with the City; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. That Policy numbered 109.03 "Disciplinary Appeal" of the
Personnel Policies and Procedure Manual of the City of DeNon attached hereto and
incorporated by reference herein, is hereby approved as official policy of the City of
DeNon, Texas, and replaces former policy 109.03.
SECTION 2. That the foregoing policy is attached hereto and made a part hereof
and shall be filed in the official records with the City Secretary.
SECTION 3. That this resolution shall become effective immediately upon its
passage and approval..
PASSED AND APPROVED this the
__day of ,2002
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CITY OF DENTON PAGE I OF4
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: HUMAN RESOURCES REFERENCE NUMBER:
109.03
SUB3ECT: DISCIPLINE AND SEPARATION INITIAL EFFECTIVE DATE:
11/08/96
TITLE: DISCIPLINARY APPEAL LAST REVISION DATE:
09/03/02
POLICY STATEMENT:
It is the policy of the City of Denton to give individual employees an opportunity for an appeal regarding
disciplinary dismissal, disciplinary suspensions or demotions when they believe that a disciplinary action
taken against them is capricious or arbitrary; the discipline violates an existing City of Denton policy or
administrative directive; the discipline violates an existing state or federal law or regulation; or when the
employee believes that the conduct for which he/she has been disciplined constitutes the exercise of a
constitutional right or a statutorily protected activity. Disciplinary appeals are considered according to
prescribed guidelines as set forth in the following "Administrative Procedures". The disciplinary appeal
process is designed to afford the employee a responsive forum to guard against biased or arbitrary
decisions; however, nothing in this policy shall be construed as a grant to any employee of a property right
in tenured public employment. All employees are employed strictly on an at-will basis.
Temporary employees, seasonal employees, contract employees, the City Manager, the City Attorney,
Municipal Judge, Assistant Judges and those employees governed by the provisions of Chapter 143 of the
Texas Local Government Code are exempt from this policy, unless specifically stated otherwise herein.
However, an opportunity for a response and appeal shall be afforded such employees when they believe that
a disciplinary action taken against them is capricious or arbitrary; the discipline violates an existing City of
Denton policy or administrative directive; the discipline violates an existing state or federal law or
regulation; or when the employee believes that the conduct charged constitutes the exercise of a
constitutional right or a statutorily protected activity.
ADMINISTRATIVE PROCEDURES:
I. GENERAL DISCIPLINARY APPEAL INFORMATION
Since it is important that disciplinary appeals be resolved as rapidly as possible, time limits, as
set out in the following paragraphs, shall be considered a maximum and every effort shall be
made to expedite the process. However, the limits may be extended or shortened at any or all
steps if both parties agree in writing. In the event either party cannot agree, the Director of
Human Resources shall have the discretion to shorten or extend the time limits. In the event
the last day of a time limit falls on a weekend or a City holiday, in the case of a time limit
based upon calendar days, the time limit shall include the next working day. In all instances,
consecutive working days will be counted (excluding Saturday, Sunday, and City holidays) in
HR/POLIC Y/109.03
PAGE 20F~
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE {Continued)
TITLE: DISCIPLINARY REVIEW HEARING REFERENCE NUMBER:
109.03
arriving at the length of the time interval. Under no circumstances shall any failure to meet
any time limit affect the validity or finality of event for which a hearing is sought.
A disciplinary appeal not responded to within the time limits prescribed by the appropriate
representative at each step shall be considered a violation of this policy for which the
representative may be subject to disciplinary action.
C. All requests for a disciplinary appeal must be in writing and must be filed with the Human
Resources Department.
An employee who requests a disciplinary appeal must inform the Human Resources
Department in writing of his/her correct mailing address and telephone number. Failure to
provide current mailing address and telephone information may result in administrative
closure of the disciplinary appeal.
II. APPEAL PROCESS
An employee who has been demoted involuntarily, suspended without pay or dismissed
may request a disciplinary appeal to be conducted by an Assistant City Manager or
department Director. ("Dismissed" means that an employee has been involuntarily
terminated and does not include resignations.) The employee must make the request for the
disciplinary appeal in writing within 10 business days after receiving notification of an action
taken. The written request must set forth the specific reasons why the employee feels the
action is capricious or arbitrary; the discipline violates an existing City of Denton policy or
administrative directive; the discipline violates an existing state or federal law or regulation;
or the employee believes that the conduct for which he/she has been disciplined constitutes the
exercise of a constitutional right or a statutorily protected activity. The employee should also
identify those persons whom the employee believes have knowledge of facts relevant to the
matter being appealed. If the request for a disciplinary appeal fails to contain the reason for
the appeal or any facts to support the reason for the appeal, the Director of Human Resources
may refuse the request for appeal.
The Director of Human Resources or Human Resources designee will appoint the Appeal
Official. The Director of Human Resources or designee will not assign an Assistant City
Manager or department Director if he/she played a role in the disciplinary action from which
the employee's complaint arose. An Assistant City Manager or department Director shall be
presumed to have played a role in the disciplinary action if he/she:
HR/POLIC Y/109.03
PAGE 3 OF4
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: DISCIPLINARY REVIEW HEARING REFERENCE NUMBER:
109.03
1. Discussed the details of the proposed disciplinary action with the employee or any
supervisor in the chain of command;
2. Approved the disciplinary action; or
3. Personally imposed the disciplinary action.
Nothing shall prevent an Assistant City Manager or a Director of the City from acting as the
appeal officer for an employee's appeal if he/she has merely been informed of the type of
disciplinary action imposed against the employee.
If the employee requesting the appeal or the employee's supervisor object to the appointed
Appeal Official because he/she believes that the appointed appeal official is biased, he/she
must submit a written objection to the Director of Human Resources within three business
days of the date of the letter giving notice of the appointment. Any written objection must
contain specific facts upon which the objection is based. It is not sufficient objection that the
appointed Appeal Official is an employee of the City of Denton. Within five business days of
receiving the objection, the Director of Human Resources will determine whether the
objection will be sustained based upon the written reasons in the objection--although the
Director of Human Resources may seek clarification of those facts from the appointed Appeal
Official. Should the Director of Human Resources sustain the objection, the Director of
Human Resources will either appoint a different Appeal Official (to which either the appealing
employee or the employee's supervisor may again object in writing within three business
days) or the Director of Human Resources may submit a list of three proposed appeal officials
to which each party (the appealing employee or the employee's supervisor) may object to one
name and the Director of Human Resources will select an Appeal Official from the names
without objections. It is within the Director of Human Resources' discretion as to which
method is used for the appointment of an Appeal Official. When an objection is made to an
Appeal Official, the thirty calendar days by which an Appeal Official must conduct a review
and investigation into the employee's appeal, as described below, will be suspended for the
length of time it takes for the Director of Human Resources to determine the objection or
appoint another Appeal Official.
The Appeal Official will conduct a review and investigation into the employee's appeal within
30 calendar days of the employee's request for an appeal, unless an extension is agreed upon
by both parties as described in this policy or unless an objection is made to the Appeal
Official as described above. In addition to reviewing the employee's written appeal and
documentation relevant to the discipline, the Appeal Official may conduct interviews of
witnesses or persons with knowledge relevant to the appeal. As part of the review process,
HR/POLIC Y/109.03
PAGE 4 OFt
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: DISCIPLINARY REVIEW HEARING REFERENCE NUMBER:
109.03
the Appeal Official may or may not require a face-to-face meeting between the employee
filing the appeal and the supervisor who recommended the discipline being appealed.
Upon conclusion of the investigation of the appeal, the Appeal Official will make a
recommendation to the City Manager and a final action will be concluded within ten (10)
business days. The City Manager may accept the recommendation; reject the
recommendation; or accept the recommendation with modifications. The City Manager's
acceptance or rejection of the recommendation is the final decision on the appeal. After the
City Manager has either accepted the recommendation (with or without modifications) or
rejected the recommendation, the Appeal Official will communicate the final decision in
writing to the employee, the employee's supervisor and others with the need to know in the
chain of command.
As all employees are employed strictly on an at-will basis, and no contractual rights are
implicated, no particular burden of proof need be met to sustain a termination or disciplinary
sanction.
III. REMOVAL HEARINGS FOR OFFICERS AND DEPARTMENT HEADS:
A. As an alternative to the procedures otherwise allowed by this policy, officers and department
heads may request a hearing in the event of their removal as provided by Charter.
B. As all employees are employed strictly on an at-will basis, no particular burden of proof need
be met to sustain a termination.
C. Officers and department heads may request a hearing pursuant to the provisions outlined in
Sections II relating to the imposition of disciplinary actions not constituting removal.
D. If employee is at Director level or above, the City Manager shall serve as the Hearing Officer.
In the event that the hearing concerns the employee's removal, the employee may instead
request a hearing before the City Council pursuant to the City's Charter (§5.03(a)). Such a
hearing before the City Council is not constrained by the stricture of this policy.
HR/POLIC Y/109.03
This page left blank intemionally.
Agenda 02-029 09/03/02 #15
AGENDA INFORMATION SHEET
AGENDA DATE: September 3, 2002
DEPARTMENT: Human Resources
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of a resolution of the City of Demon, Texas approving revised City policies
regulating military service leave policy for the City of Demon employees; and declaring an
effective date.
BACKGROUND
In the past two years, an Employee Policy Review Committee was established to examine and
review the City's employmem policies, administrative procedures and administrative directives
comained in the "City of Demon Policies and Procedures Manual." The manual is designed for
employee guidance and reference. The review process is coordinated by the Human Resources
Department in conjunction with Legal staff. When there is a discrepancy between the written
reference and the Organization's practice, the Committee makes a determination to either change
or to reinforce through training and communication the affected policy, procedure or directive.
For the most part, the policies and amendments are primarily administrative in nature so as to
reflect the actual practices throughout the Organization.
Below are recommended amendments to the "Policy Statement" portion of the Military Service
Leave Policy (No. 111.04). The revised policy statemem follows:
MILITARY SERVICE LEAVE POLICY STATEMENT:
It is the policy of the City of Demon to provide authorized leave of absence for all
regular full-time employees who participate in the United States Armed Forces, State
Military Forces or National Guards tour of military duty in compliance with all
relevant federal and Texas laws. Further, it is the intent of the City of Denton to
recognize the public policy interest in supporting the United States Armed Forces,
State Military Forces and National Guards during times when the President of the
United States shall by Executive Order effect the involuntary activation of military
reserve personnel to support and defend the United States' interests at home and
abroad. To that end, the City of Demon may provide benefits in excess of the legal
minimums set forth in federal and Texas laws to its employees who are subject to
involuntary reserve activations as set forth in the administrative procedures to this
policy.
Agenda Information Sheet
September 3, 2002
The policy statement has been changed so as to authorize amendment of the leave benefit to
include salary differemial paymems (the difference between a city employee's active military
pay and what the employee would be earning at the city) to City of DeNon employees who are
involuntarily reactivated to full duty during times of national crisis. The salary differential
would only apply to involumary reactivations after the first fifteen (15) days of military leave
pay and would only last for one year following reactivation.
In recommending this amendmem of the leave benefit, the City of DeNon would be supporting
the United States Armed Forces, State Military Forces and National Guards and stating that such
support is a public interest as required by the Texas Constitution, Article 3, Section 52.
Other Texas cities that provide a salary differemial benefit for ninety (90) days up to one year
include: the City of Carrollton, the City of Grand Prairie, the City of Richardson, the City of
Odessa, and the City of Beaumom. In addition, based upon surveys received by the Human
Resources Departmem, the City of Lubbock, the City of Amarillo, the City of McKinney and the
City of Baytown have been exploring recommendation of this benefit.
PRIOR ACTION/REVIEW
There has been no prior action or review on this agenda item.
FISCAL INFORMATION
There is no direct fiscal impact on the City of Denton associated with this recommendation. The
pay and other benefits of any employee who would be eligible to receive this benefit would have
already been approved within departmemal budgets.
Respectfully submitted:
Carla J. Romine
Director of Human Resources
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING REVISED
CITY POLICIES REGULATING MILITARY SERVICE LEAVE POLICY OF CITY
EMPLOYEES; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of DeNon, Texas has a military service leave policy for city
employees who participate in the military service during employment; and
WHEREAS, the Director of the Human Resources Departmem for the City of
Demon has presemed a revised policy regarding employee rules and regulations
concerning the military service leave policy; and
WHEREAS, the City Council, desires to adopt such policy as an official policy
regarding employmem with the City; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION 1. That Policy numbered 111.04 "Military Service Leave" of the
Personnel Policies and Procedure Manual of the City of DeNon attached hereto and
incorporated by reference herein, is hereby approved as official policy of the City of
DeNon, Texas, and replaces former policy 111.04.
SECTION 2. That the foregoing policy is attached hereto and made a part hereof
and shall be filed in the official records with the City Secretary.
SECTION 3. That this resolution shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the
__day of ,2002
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CITY OF DENTON PAGE I OF4
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
SECTION: HUMAN RESOURCES REFERENCE NUMBER:
111.04
SUB3ECT: APPROVED LEAVE INITIAL EFFECTIVE DATE:
07/01/86
TITLE: MILITARY SERVICE LEAVE LAST REVISION DATE:
09/03/02
POLICY STATEMENT:
It is the policy of the City of Denton to provide authorized leave of absence for all regular full-time
employees who participate in the United States Armed Forces, State Military Forces or National Guards
tour of military duty in compliance with all relevant federal and Texas laws. Further, it is the intent of the
City of Denton to recognize the public policy interest in supporting the United States Armed Forces, State
Military Forces and National Guards during times when the President of the United States shall by
Executive Order effect the involuntary activation of military reserve personnel to support and defend the
United States' interests at home and abroad. To that end, the City of Denton may provide benefits in
excess of the legal minimums set forth in federal and Texas laws to its employees who are subject to
involuntary reserve activations as set forth in the administrative procedures to this policy.
ADMINISTRATIVE PROCEDURES:
It is the intent of the City to comply with all conditions and requirements of federal and Texas
laws now existing, and/or as may be amended.
I. ACCRUAL
There is no accrual of military leave. Up to fifteen (15) paid days, per fiscal year, of military
leave is available for use as required by Law. Unused military leave will not be paid out at
the time of separation.
B. The City has no obligation to pay an employee on military leave for training days that occur
on a regular day off or outside of work time.
A supervisor who has an employee using military leave has no obligation to change the work
schedule so that the employee receives a full forty (40) hours of work (for example, if an
employee's normal schedule is 8 to 5 Monday through Friday and the employee must miss
Friday due to military duty, the supervisor does not have to let the employee work additional
hours to make up the time).
All employees using military leave should make arrangements for the disbursement of any pay
received from the City during their absence. This is the responsibility of the employee and no
funds will be released without proper authorization.
HR/POLICY/111.04
PAGE 20F~
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE {Continued)
TITLE: MILITARY SERVICE LEAVE REFERENCE NUMBER:
111.04
II. PROCEDURES FOR REQUESTING LEAVE
All participating employees must submit written requests for the specified duration of the leave
and, if available, copies of the written orders to their immediate supervisor within 72 hours
after the employee requests/volunteers for annual military duty or upon receipt of orders,
whichever occurs first.
Military Leave for all civil service employees will be afforded in accordance with Texas Local
Government Code § 143.072. Civil service employees must submit written notification for
active military duty, excluding weekend or reserve duty drill, to the Civil Service
Commission. The written notification will be included in the employee's personnel file as a
matter of record and will specify that return to full employment status without loss of seniority
is afforded by Vernon's Texas Local Government Code § 143.072.
On occasions where advance notice is not possible, an employee will be required to submit
either a copy of official orders or another form of official documentation for the time period
away from work as soon as possible, but no later than upon the employee's return to work.
The supervisor may seek verification of any military leave used.
Upon receipt of a request for leave, the employee's supervisor will complete a status report
indicating the length and type of military service leave and forward the status report along with
a copy of the leave request and military orders to the Human Resources department.
III.SHORT TERM MILITARY SERVICE LEAVE
Short-term military service leaves are defined as military service not exceeding 15 calendar days
per year.
Upon approval of the military leave, the employee will receive his/her normal gross salary for
the pay period in which the absence occurs, up to 15 days. If military leave extends beyond
15 days, the employee must submit a separate request for extended military service leave.
B. An employee will continue to accrue leave benefits during the approved short-term military
leave
IV. EXTENDED MILITARY SERVICE LEAVE
Extended military service tours of duty are defined as any military tours that will require an
employee to be absent from work longer than the amount of time designated in administrative
procedures for Short Term Military Service Leave, III.
HR/POLICY/111.04
PAGE 3 OF4
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: MILITARY SERVICE LEAVE REFERENCE NUMBER:
111.04
All leave days beyond the initial yearly fifteen (15) days per the Short Term Military Service
Leave may be paid, at the employee's discretion, using accrued Vacation time or
Compensatory time for non-exempt employees. Accrued sick leave may not be substituted.
The employee may also choose to take the remaining duty days as unpaid.
The City will continue to pay for the employee's health insurance, long-term disability
insurance and life insurance while the employee is on extended military service leave. If the
employee elects not to use accrued Vacation or Compensatory time after the first fifteen days
of Short Term Military Service Leave, or if the employee exhausts all accrued Vacation or
Compensatory time while on extended military service leave, it will be the employee's
responsibility to make arrangements for the payment of any additional benefits that are
typically paid by voluntary deduction(s) from the employee's pay. If the employee fails to pay
for elected benefits within thirty (30) days of the payment due date, the benefit will be
canceled effective the paid through date.
C. An employee will continue to accrue leave benefits while on paid leave, but will not do so if
he/she chooses to take the leave as unpaid leave.
V. INVOLUNTARY RESERVE ACTIVATION
Involuntary reserve activation is defined as being called to active duty (order to active tour of
duty) and does not include voluntary activation.
In the case of involuntary reserve activation (an order to active tour of duty), the City will, for
the period of one year (12 consecutive months) or less, pay partial salary to the activated
employee during this tour of duty. This payout will be the difference between the reservist's
military pay and his/her salary at the time of the involuntary activation.
In the case of involuntary reserve activation, the City will continue to pay for those benefits
for which the City would pay if the employee were working (i.e., applicable health insurance,
long-term disability insurance, and life insurance). An employee may elect to continue
coverage for employee paid benefits (such as spouse or family health insurance, vision
insurance, dental insurance, short-term disability, etc). If the employee elects to continue
coverage for employee paid benefits, the amounts for the coverage will be deducted from the
partial salary paid pursuant to paragraph A, supra. If the partial salary is not sufficient or if
the employee's involuntary reactivation extends for more than twelve months, the employee
will be responsible for making arrangements for the full payment of the employee elected
benefits. If the employee fails to pay for elected benefits within thirty (30) days of the
payment due date, the benefit will be canceled effective the paid through date.
C. There will be no continued accrual of leave benefits when partial salary pay begins.
HR/POLICY/111.04
PAGE 4 OF4
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TITLE: MILITARY SERVICE LEAVE REFERENCE NUMBER:
111.04
D. The reservist will be required to supply a written copy of military orders whenever available
and monthly copies of pay stubs to activate and maintain this pay out.
E. If the reservist's active duty extends beyond twelve (12) consecutive months, pay status will
revert to Extended Military Leave.
Fo
Upon the employee's return to active employment with the City of Denton, the employee will
be required to provide proof that the employee's discharge from active duty was anything
other than a dishonorable discharge.
HR/POLICY/111.04
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Agenda 02-029 09/03/02 #16
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Utility Administration
Howard Martin, 349-8232
SUBJECT
Consider approval of the Electric, Water, Wastewater, Solid Waste, and Miscellaneous Rate
Ordinances for FY 2003.
BACKGROUND
Proposed FY 2003 utility budgets and CIPS were approved by the PUB on July 15th' , and have
been submitted to City Council for review by July 31st. The proposed rate ordinances included
in this agenda are designed to recover the cost of service for each utility and provide a positive or
breakeven net income.
During the budget review process, the PUB reviewed various Solid Waste proposed rate changes
that were necessary to support the proposed FY 2003 budget and CIP. Those proposed rate
changes are incorporated into this agenda for Board approval. Base rate increases for Water and
Wastewater were reviewed as options for FY 2003, but the final determination was to defer any
rate increase from FY 2003 to FY 2004 and beyond. No Electric rate changes were discussed
during the budget/CIP review.
SUMMARY
No base rate increases are proposed for the Electric, Water or Wastewater utilities. The various
Solid Waste rate changes discussed during the budget review are outlined in greater detail below.
A few Water, Wastewater and Miscellaneous rate changes are also proposed for FY 2003.
ELECTRIC RATE RECOMMENDATIONS
ECA Rate - In accordance with the ECA rate ordinance, the Board will review the ECA
rate on a quarterly basis during the last month of each quarter. A recommended ECA rate
to the Board at its September 16 meeting. The current approved ECA
will be presented th
rate through September 30, 2002 is $0.025/KWH.
The electric department is continuing to analyze the base electric rate tariffs to determine if
changes to the existing rate structure will be required in the current deregulated market.
WATER RATE RECOMMENDATIONS
Revise the Wholesale Raw Water Rate (WRW) applicable to Upper Trinity Regional
Water District (UTRWD). The FY 2003 City of Dallas wholesale untreated water rate is
projected to be $0.3927/1,000 gallons, a decrease of 6.4% from the existing rate of
$0.4194/1,000 gallons. Denton's raw water wholesale rate to UTRWD, which is set at
85% of Dallas's wholesale untreated water rate, will correspondingly decrease from the
existing price of $.3565/1,000 gallons to $.3338/1,000 gallons. This rate is determined by
the terms efthe raw water contract between Denton and UTRWD.
WASTEWATER RATE RECOMMENDATIONS
Establish a rate for a new compost product under the Compost & Wood Mulch rate
schedule (CWM). The new compost, called Dyne Lite, does not contain any wastewater
bieselids. It is in response to customer requests for a sludge-free product that can be used
on vegetable gardens and for potting soil. Due to the fact that it takes a significantly
longer period to process Dyne Lite into a finished product, the recommended rate for
Dyne Lite is higher than for Dyne Soil or Dyne Dirt.
Compost Product
Rate per Cubic Yard
Dyno Lite $ 30.00
Revise the rate charged for uncontaminated bagged or unbagged grass clippings, brush,
or leaves under the Grass/Brush/Leave rate schedule (GBL) for those customers who
choose to deliver to the landfill. Under the ordinance, professional landscapers, tree
trimmers, and yard maintenance personnel are required to bring these items to the landfill
for disposal. The current rate does not cover the cost of the grinding operation required
to reduce the material to a size necessary to produce compost and mulch.
Grass/Brush Leaves
Current Rate Proposed Rate
(per ton) (per ton)
Uncontaminated in less than twelve foot length
Uncontaminated in greater than twelve foot length
$10.00 $15.00
$15.00 $ 25.00
There will be a minimum charge of $5.00 per load.
SOLID WASTE RATE RECOMMENDATIONS
· Establish containerized rates. The recommended rates per thirty days are:
Number of Containers
300 Gallons (Nominal)
90 Gallons (Nominal)
60 Gallons (Nominal)
35 Gallons (Nominal)
1
$38.OO
$15.00
$13.00
$12.00
2
$78.00
$28.00
(commercial only)
(residential/commercial)
(residential/commercial)
(residential only)
Establish a monthly residemial solid waste base rate of $11.00 / 30 days for an
unoccupied residence which is vacam for greater than 60 days.
Establish the monthly Curbside Recycling Fee of $1.99 / 30 days. The Contractor's "pass
through" fee of $1.47, plus the Recycling Support Fee of $0.52 will be billed monthly.
The Recycling Support Fee funds administrative costs, contract management, and
container purchases.
Establish the Residential Solid Waste Services Discount Rate, which reduces monthly
Residential Solid Waste Service charges by $3.50 per thirty days. Residents who wish to
apply for the discount qualify by meeting established guidelines for financial need. The
discount would be effective for no longer than 12 months and would require
re- qualification annually.
Provide for a Commercial From Load and Side Load comainer rate increase of 3.9%. The
commercial From Load and Side Load recommended rates are as listed. These rates
include the collection and disposal of four bulky items per month and yard waste
collection services.
Front Load
Frequency/Week 1 ~ ~ ~ ~ ~
2 CY $46.91 $90.91 $138.26 $186.54 $235.73 $285.84
3 CY $47.95 $91.95 $139.30 $187.58 $236.77 $286.88
4 CY $58.69 $112.63 $170.49 $229.43 $289.63 $350.64
6 CY $76.10 $146.19 $221.42 $297.96 $375.88 $455.25
8 CY $92.18 $177.09 $268.13 $360.78 $455.16 $551.23
Side Load
Frequency/week 1 ~ ~ ~ ~ ~
2 CY $52.56 $101.76 $154.64 $208.51 $263.37 $319.22
3 CY $53.60 $102.80 $155.68 $209.55 $264.41 $320.26
4 CY $65.59 $125.87 $190.46 $256.21 $323.31 $391.28
Establish a hand-collected commercial service rate based on a minimum of the rate for a
three cubic yard comainer serviced one time per week.
Provide a Temporary Front Load container rate increase of 2%.
Temporary Service From Load Container
Rent Pickup
3 CY $29.95 $53.74
4 CY $32.87 $56.03
6 CY $41.34 $63.76
8 CY $54.06 $75.97
Establish minimum service of once per month for temporary containers.
Provide a Commercial Minimum Rate decrease from $22.50/30 days to $15.00/30 days.
This rate is charged to customers that generate one cubic yard or less of waste per week
and are serviced with metal containers.
Establish a minimum landfill charge of $5.00. The minimum landfill charge of $5.00 is
proposed to fund costs incurred by these customers.
Add clean brick and block to the Inert Materials (Recyclable) rate of $7.50 per ton. These
materials are not landfilled, and are temporarily stored for reuse by the City or a City of
Denton Solid Waste customer.
Provide for the disposal of eight bulky items per month per solid waste customer
delivered to the landfill by the customer at no charge.
Increase the unsecured load (materials not tarped or tied down) rate to $15.00 per load.
The yard waste rates stated in the Wastewater rate ordinance above will also be listed in
the Landfill rate ordinance. A minimum charge of $5.00 per load is recommended.
MISCELLANEOUS RATE RECOMMENDATIONS
The following changes are recommended for the FY 2003 miscellaneous service fees:
· Add an after business hours connection charge of $20.00 per utility connected after
regular business hours.
· Add an after business hours delinquent service charge of $50.00 for service reconnection
after regular business hours.
Establish an Unauthorized Usage Penalty of $25.00. Applicable to any customer who
fails to request connection of services with 24 hours of occupancy in new service location
if service is still in previous occupants name.
Establish a minimum Meter Tampering and/or Damage charge of $175.00. Applicable to
any person who tampers with, damages, or illegally connects to a city electric, water, or
wastewater meter.
Establish a Meter Inaccessibility Charge of $35.00. Applicable to any customer who
prevents the regular and routine reading, maintenance, repair or removal of any city
meter due to inaccessibility of the meter.
· Set the interest rate earned on customer deposits to 2.25%, the rate will be fled to the
Denton Area Teachers Credit Union Certificate of Deposit one-year rate.
Add a late payment charge of $10.00 to be assessed on the ~h business day following the
due date. The charge will help cover administrative costs of initiating collection on past
due accounts.
Add a requirement for a commercial customer service deposit of an amount equal to 1/6
of the last 12 months billing if service has been disconnected for nonpayment.
Add an interest charge of 1% / month to be assessed on account balances unpaid at the
time of the current month's billing calculatior[ However, the actual interest rate charged
will not exceed the legal rate of interest.
FISCAL SUMMARY
The rates and charges included in the utility rate ordinances provide the revenues necessary to
cover the cost of service to customers.
EXHIBITS
ii.
iii.
IV.
V.
FY 2003 Electric Rate Ordinance
FY 2003 Water Rate Ordinance
FY 2003 Wastewater Rate Ordinance
FY 2003 Solid Waste Rate Ordinance
FY 2003 Miscellaneous Rate Ordinance
Respectfully submitted:
Howard Martin, ACM Utilities
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF
RATES CONTAINED IN ORDINANCE NO. 2001-337 FOR ELECTRIC SERVICE;
PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~qF, CT|ONI 1. That the Schedule of Rates for electrical services as provided for in Chapter 26
of the City of Denton Code of Ordinances, is amended to read as follows:
ELECTRIC RATE SCHEDULES
PAGE
R1 Residential Service Rate 2
R2 Residential Service Rate 4
TR Residential Time of Use Rate 6
GSL General Service Large 8
GSS General Service Small 11
TGS General Service Time of Use Rate 14
WK Weekend Rate 18
G1 Local Government Lighting & Power Service Rate 21
[City, County, Independent School District]
LS Street Lighting 23
LT Traffic Lighting 25
LO Other Lighting 26
DD Dusk-to-Dawn Lighting [Security Light] 27
DDL Downtown Decorative Lighting 29
DGL Decorative Ground Lighting 30
T1 Temporary Service Schedule 32
P 1 Interruptible Primary Service 34
ES Standby, Supplementary and Maintenance Service 36
AF Athletic Field 40
IDR Industrial Development Rate 42
EP EnergySave Program 43
MTR Premium-Efficiency Motor Rebate 49
UPS Uninterruptible Power Supply 51
ECA Energy Cost Adjustment 53
Special Facilities Rider 54
Discount Rider for State Universities and Colleges 55
EXHIBIT I
SCHEDULE RI
DI:;.~IDFNTIAI, ~F.RVICF. R ATP.
(Effective 10/01/02)
A PPI ,lC A TIf~N
Applicable to all electric service used for residential purposes in a single family dwelling or an
individually metered apartment; supplied at one point of delivery and measured through one meter
where usage is not in excess of 7o0 KWH per 30-day month during the billing months of May through
October. If usage in any such month exceeds 700 KWH, billing will be rendered that month under Rate
Schedule R2 and thereafter for a period extending through the 12 billing months of the next year ending
with the October billing. Annually, in November, the customer may again qualify for the R1 rate
provided that consumption has not exceeded 700 KWH per 30-day month during the previous six
summer months.
Where individual dwelling units are being served through the same meter and the KWH in the
billing months of May through October exceed 700 KWH times the number of dwelling units, the billing
for that month and thereafter will be rendered under Rate Schedule R2.
NF, T MONTHI ,Y R ATF,
(1) Facility Charge
$6.70 / 30 days
(2) Energy Charge
3.85¢/KWH
(3) Energy Cost Adjustment Schedule ECA
MINIIMI IM I:ll1.1 .INIG
Facility Charge
TYPF. (DF ~qF. RVICF.
The City will supply single-phase service at any standard voltages available from the City's
distribution system through one standard transformation.
P A YMFNT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days
from date of issuance.
~qPF, CIAI, FACII ,ITIF,~q
All services which require special facilities in order to meet customer's service requirements shall
be provided subject to the Special Facilities Rider.
PRC)R ATIC)N C)F 1 ~TI! JTY P,I! J ,~
Billing for the Facility charge shall be based on twelve (12) billings annually and prorated for
longer or shorter billing periods using the following formula.
Formula:
Acnml dny~ in rending pa, rind
30 days
x Customer Facility Charge
FNF, R GY CI-I A R
Billing for the energy charge shall be based on actual KWH consumption during the billing period.
Formula:
KWH x KWH rate
F, NIF, RGY CO~qT ADH I~qTMF, NIT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
SCHEDULE R2
RF.,qlF)FNTIAI, ,qFRVICF. R ATF.
(Effective 10/01/02)
A PPI ,lC A TIC)N
Applicable to any customer for all electric service used for residential purposes in an individual
private dwelling or an individually metered apartment, supplied at one point of delivery and measured
through one meter. Also applicable to any customer heating with electric energy, resistance or heat
pump. Not applicable to resale service in any event, nor to temporary, standby, or supplementary
service except in conjunction with the applicable rider.
NF, T MONTHI ,Y R ATF,
(1) Facility Charge
Single-Phase
Three-Phase
(2) Energy Charge
First 1,000 KWH
Additional KWH
First 3,000 KWH
Additional KWH
(3) Energy Cost Adjustment
M1NIMI IM Fill ,1 ,lNG
Single-Phase
Three-Phase
WINTFR ~ql llVI1VIFR
Billing months of
NOV. through APRIL
$ 7.73 / 30 days
$15.45 / 30 days
4.34¢/KWH
3.94¢/KWH
Schedule ECA
Facility Charge
Facility Charge
Billing months of
MAY through OCT.
$ 7.73 / 30 days
$15.45 / 30 days
5.61¢/KWH
6.21¢/KWH
Schedule ECA
The City will supply single-phase service (or three-phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system
through one standard transformation. Where service of the type desired by the customer is not already
available at the point of service, special contract arrangements between the City and the customer may
be required in advance.
PAYMFNT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days
from date of issuance.
,qPF, CIAI, FACII JTIF,,q
All services which require special facilities in order to meet customer's service requirements shall
be provided subject to the special facilities rider.
PRIDR A TIONI OF 1 ITII ,ITY tallI ,I ,,q
Billing for the Facility charge shall be based on twelve (12) billings annually and prorated for
longer or shorter billing periods using the following formula:
Formula:
Ach]al dav~ in readino narind
30 days
x Customer Facility Charge
FNFR GY CPI A R
Billing for the energy charge shall be based on actual KWH consumption during the billing period.
Formula:
KWH in rate block x Rate per KWH in rate block
FNF, RGY CO,qT ADH LqTMFNT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
SCHEDULE TR
RF.~IDFNTIAI, TI~F. I~F 1 I~F. R ATF.
(Effective 10/01/02)
A PPI .lC A TIC)N
Applicable to any customer for all electric service used for residential purposes in an individual
private dwelling or an individually metered apartment, supplied at one point of delivery and measured
through one meter. Customers applying for the TR rate must remain on this rate for twelve (12)
continuous billing periods. Not applicable to resale service in any event, nor to temporary, standby, or
supplementary service except in conjunction with the applicable rider.
NF.T MONTHI ,Y R A TF.
(1) Facility Charge
Single-Phase
Three-Phase
$15.45 / 30 days
$20.60 / 30 days
(2) Energy Charge
On-Peak Hours
Off-Peak Hours
25.55¢/KWH
1.41¢/KWH
(3) Energy Cost Adjustment
Schedule ECA
M1NIMI IM Fill ,1 ,lNG
Facility Charge
TYPF, OF ~qF, RVICF,
Single-phase or three-phase at sixty (60) cycles at secondary distribution voltage. Where service
of the type desired by the customer is not already available at the point of service, special contract
arrangements between the City and the customer may first be required.
DFFINITION OF ON-PFAK HOI lR~q
The City's on-peak hours, for the purpose of this rate schedule, are designated as being from
2:00 P.M. to 7:00 P.M. each Monday through Friday, starting on June 1 and continuing through
September 30 each year. The City's on-peak hours may be changed from time to time and the
customer will be notified twelve (12) months before such changes become effective.
~e Ci~'s off-peak hours, fo~ the pu~ose oft~s rote schedule, shall be all hours not desi~ated
as on-peak hours.
~1 se~ices w~ch ~equ~e special facilities ~ o~de~ to meet customers se~ice ~equ~ements shall
be p~ovided subject to the Special Facilities ~de~.
PROR ATI~N ~F l ITII ,ITY RI1,1 ,~
Bill~g for the Facili~ Ch~ge shall be based on ~elve (12) bill~gs ~lly ~d prorated for
longer or sho~er pe~ods us~g the follow~g fo~ula:
Aah]al dav~ in raadino naNad
~ ~ · x Customer Facili~ Charge
30 days
BillMg for the ener~ ch~ge shall be based on actual K~ consumption dung the billMg pe~od.
Fo~ula:
K~ in rate block x Rate per K~ in rae block
V,~,RGY CORT ADH IRT~,NT
A charge per K~ of ener~ aken for ~el cost calculated M accord~ce with Schedule ECA.
P A ~,NT
Bills are due when mMered, and become past due if not paid witMn fifteen (15) caleM~ ~ys
from ~te of iss~nce.
SCHEDULE GSL
GFNFR AI~ ~FRVICF~ ! ARGF~
(Effective 10/01/02)
A PPI .lC A TION
The GSL Rate is applicable to any commercial or industrial customer having a minimum actual
demand of 250 KVA or 225 KW for all electric service supplied at one point of delivery and measured
through one meter. Customers with an average actual demand equal to or greater than 200 KVA or
180 KW during the previous twelve month period may be allowed service under this rate, subject to the
minimum billing provision. Customers other than commercial and industrial may be allowed service
under this rate, subject to the minimum billing provision. Customers who elect to discontinue service
under this rate are ineligible for service under this rate for twelve months. This rate is not applicable to
resale service in any event, nor to temporary, standby, or supplementary service except in conjunction
with the applicable rider.
NF, T MONITHI ,Y R ATF,
(1) Facility Charge
(2) Demand Charge
(3) Energy Charge (GL1)
(4)
$60.60 / 30 days
$8.64 / KVA (Minimum of 250 KVA billed)
1.41¢/KWH
Energy Cost Adjustment: Schedule ECA
M1NIMI IM FIll .1 .lNG
An amount equal to the facility charge, plus a demand charge billed at the above KVA rate,
where demand is determined by whichever of the following methods yields the greatest result
numerically: (1) the actual monthly KVA demand; (2) 250 KVA; or (3) seventy percent (70%) of the
maximum monthly KW/KVA actual demand for any month during the previous billing months of May
through October in the twelve months ending with the current month.
TYPF, C)F ~qF, RVICF,
Secondary or primary service available to commercial and industrial customers. Primary service
is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts.
PRIMARY SF, RVICF, DISCC}I ~NT
Customers who own, operate, and maintain all facilities necessary to receive three phase primary
voltage service and all transformation facilities required for conversion to utilization voltage shall receive
a discount of 0.3C/KWH (GL3). Primary service customers utilizing City owned and operated facility
and transformation equipment necessary to receive primary voltage service shall receive a discount of
0.1 C/KWH (GL2). The City shall own, operate and maintain all metering facilities, either at primary or
secondary voltage.
p A YhAF,NIT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days
from date of issuance.
DF, TF, I~M1NIATION OF DF, MANID
The demand shall be determined by the KVA supplied during the fifteen (15)-minute period of
maximum use during the current month as determined by City's demand meter, but shall not be less than
70% of the highest monthly KW/KVA actual demand determined during the billing months of May
through October in the twelve (12) months immediately preceding the current rronth. If the current
monthly demand is less than 250 KVA, and 70% of the actual demand determined during the previous
months of May through October is less than either 250 KVA or 225 KW, a minimum of 250 KVA
demand will be billed for the month. In all cases, 250 KVA is the minimum demand billable under rate
GSL.
,qPF, CIAI, FACII ,ITIF,,q
All services which require special facilities in order to meet customer's service requirements shall
be provided subject to the Special Facilities Rider.
PRORATION OF I ITII ,ITY lqll J ,,q
(a)
Billing for the Facility charge shall be based on twelve (12) billings annually and prorated
for longer or shorter billing periods using the following formula:
Formula:
Actual dav~ in readino neriod
30 days
× Customer Facility Charge
(b)
Billing for demand shall be calculated on a thirty (30) day per month basis and prorated
for longer or shorter billing periods using the following formula:
Formula:
Actual dav~ in raadino ne, rind
30 days
x KVA Demand x Rate
F, NIF, R GY CH A R
Billing for the energy charge shall be based on actual KWH consumption during the billing period.
Formula:
KWH × KWH Rate
FNF, RGY CO,qT AD]l LqTMFNT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
10
SCHEDULE GSS
(Effective 10/01/02)
A PPI .lC A TION
The GSS rate is applicable to any commercial or industrial customer having a maximum demand
less than 225 KW for all electric service supplied at one point of delivery and measured through one
meter. Not applicable to resale service in any event, nor to temporary, standby, or supplementary
service except in conjunction with the applicable rider.
N]F.T MIDNITHI ,Y R A TF.
(1)
Facility Charge
Single Phase
Three Phase
(2) Demand Charge $8.00 / KW
(First 20 KW not Billed)
(3)
(4)
Energy Charge (GS 1)
Customer with 20 KW or below:
Block 1 - First 2,500 KWH
Block 2 - All Additional KWH
Customer above 20 KW:
Block 1 - First 2,500 KWH
Block 2 - Next 3,500 + B2T* KWH
Block 3 - All Additional KWH
$15.15 / 30 days
$20.20 / 30 days
6.75¢/ KWH
3.00¢/KWH
6.75¢/KWH
3.00¢/KWH
2.65¢/KWH
* The Block 2 Threshold (B2T) establishes the upper threshold for the Block 2 billing
rate above 6,000 KWH as a function of demand, and is determined by the following
formula:
B2T KWH = [(Actual KW Demand - 20) x 190]
No customer shall be billed for KWH not actually consumed.
Energy Cost Adjustment
Current ECA Schedule
MINIIVII iM 1~11,1 ,l~fi
An amount equal to the facility charge plus the greater off (1) the actual monthly KW demand
charge, or (2) seventy percent (70%) of the maximum monthly actual demand charge for any month
during he previous billing months of May through October in the twelve (12) months ending with the
current month.
TYPF, C)F ~qF, RVICF,
Secondary service available to commercial and industrial customers.
The City will supply single-phase service (or three-phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system
through one standard transformation. Where service of the type desired by the customer is not already
available at the point of service, special contract arrangements between the City and the customer may
first be required.
PRIMARY ~qF, RVICF, DLqCC)I JNT
Customers who own, operate, and maintain all facilities necessary to receive three-phase primary
voltage service and all transformation facilities required for conversion to utilization voltage shall receive
a discount of 0.3C/KWH (GS3). Primary service customers utilizing City owned and operated facility
and transformation equipment necessary to receive primary voltage service shall receive a discount of
0.1 C/KWH (GS2). The City shall own, operate and maintain all metering facilities, either at primary or
secondary voltage.
P A YMFNT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days
from date of issuance.
DF, TF, RM1NATIC)N OF DF, MANT)
The demand shall be determined by the KW supplied during the fifteen (15)-minute period of
maximum use during the current month as determined by City's demand meter, but shall not be less than
70% of the highest monthly actual demand determined during the billing months of May through
October in the twelve (12) months immediately preceding the current month. Billing demand shall be
based on an adjusted KW demand which is the highest of the actual monthly demand, less 20 KW or
70% of the maximum monthly actual demand during the preceding months of May through October,
less 20 KW. In no case, shall billed demand be less than 0 KW.
In cases where the connected load is constant, the City may, at its option, estimate the KW
demand. For neon signs, one volt ampere shall be considered the equivalent of 3/4 watt.
12
All services which require special facilities in order to meet customer's service requirements shall
be provided subject to the Special Facilities Rider.
Pt?OR ATIC}NI OF 1 ITII ITY lqlI J ,~q
(a)
Billing for the Facility charge shall be based on twelve (12) billings annually and prorated
for longer or shorter periods using the following formula:
Formula:
Actual dav~ in raadino narind
30 days
× Customer Facility Charge
(b)
Billing for demand shall be calculated on a thirty (30) day per month basis and prorated
for longer or shorter billing periods using the following formula:
Formula:
Actual dav~ in raadino narind
30 days
× Adjusted KW Demand × Rate
FNFR GY CH A R
Billing for the energy charge shall be based on actual KWH consumption during the billing period.
Formula:
KWH in rate block x Rate per KWH in rate block
FNF, RGY CO,qT ADH kqTMFNT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
13
SCHEDULE TGS
GI:;NF.I~ AI, ,~F.RVICF. Tlk/l~. (bi:; l L~]:;. R ATF.
(Effective 10/01/02)
A PPI .lC A TION
Applicable to any customer having a minimum demand of 250 KVA for all electric service
supplied at one point of delivery and measured through one meter, with the City providing all facilities
necessary to receive primary voltage service. Supplementary service will be available subject to the
applicable rider. Not applicable to resale or temporary service. Customers electing this rate must
remain on this rate for a minimum of twelve (12) continuous billing months.
N]F.T MONITlqI ,Y R A TF.
(1)
(2)
(3)
(4)
(5)
Facility Charge
On-Peak Demand Charge
Off-Peak (System) Demand
Energy Charge
$70.70 / 30 days
$10.98 / KVA On-Peak Demand
$ 2.16 / KVA System Demand Charge
0.51¢/KWH
Energy Cost Adjustment: Per Schedule ECA
M1NIMI IM FIll ,1 ,lNG
The minimum monthly bill shall be the sum of the Customer Facility Charge, the Off-Peak
Demand Charge, and the On-Peak Demand Charge. The October through May demand charge shall
be the measured system demand, plus not less than 100% of the actual maximum monthly on-peak
demand for any month during the months of June through September in the twelve (12) months
immediately preceding the current month.
TYPF, OF ,qF, RVICF,
Secondary or primary service available to commercial and industrial customers. Primary service
is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts.
The City will supply single-phase service (or three-phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system
through one standard transformation. Where service of the type desired by the customer is not already
available at the point of service, special contract arrangements between the City and the customer may
be required.
14
PRIMARY ,qF, RVICF, DI,qC, OI INT
Customers who own, operate and maintain all facilities necessary to receive three-phase primary
voltage service and all transformation facilities required for conversion to utilization voltage shall receive
a discount of 0.3¢~WH (TG5 and TG6). If primary service is provided and the City owns and
operates all facilities and transformation equipment necessary to receive primary voltage service, a
discount of 0.1C/KWH will be applied to the customer's bill (TG3 and TG4). The City shall own,
operate and maintain all metering facilities, either at primary or secondary voltage, at the City's option.
DFFINITION OF ON-PFAK FIOI lR,q
The City's on-peak hours, for the purpose of this rate schedule, are designated as being from
2:00 P.M. to 7:00 P.M. each Monday through Friday, for the months of June through September. The
City's on-peak hours may be changed from time to time and the customer will be notified twelve (12)
months before such changes become effective.
DFFINITION OF C)FF-PFAK I-IC)I IR ,q
The City's system (off-peak) hours, for the purpose of this rate schedule, shall be all hours not
designated as on-peak hours.
DF, TF, RM1NATION OF ON-PF, AK DF, MAND
The on-peak demand shall be determined by the KVA actual demand supplied during the fifteen
(15) minute period of maximum use each month during on-peak hours as recorded by the City's
demand meter, but not less than one hundred percent (100%) of the actual maximum on-peak demand
similarly determined during the billing months of June through September in the twelve (12) months
immediately preceding the current month.
DF, TF, RM1NATION OF C)FF-PF, AK (,qY,qTF, M1 DF, MAND
The off-peak demand shall be determined by the maximum KVA actual demand supplied during
the fifteen (15) minute period of maximum use during off-peak hours each month as recorded by the
City's demand meter. The off-peak demand will be billed every month.
DF, TF, RM1NATION OF DF, MAND lqlIJ]NG FOR CII,qTOMF, R,q WITH NC) PF, AK
DF, MAND HI,qTC)RY DI JR1NG C)FF-PF, AK MC)NTH,q
If the customer is new or does not have a history of on-peak use for June through September, and
elects to come on the TGS rate, the customer's billed demand shall be the off-peak demand billed at the
GSL demand rate. The off-peak demand will be billed every month at the GSL rate until the customer
establishes a separate on-peak and off-peak demand during an on-peak month. At this time, both on-
peak and off-peak demand will then begin billing at the TGS rate.
1S
,ql ]PPI F, MF, NITAT, POWFR R IF)F,R
Customers requesting standby or supplementary power shall be allowed service under this rate
schedule; however, the determination of off-peak demand shall be adjusted to read:
The off-peak demand shall be the sum of the maximum KVA demand supplied during the fifteen
(15) minute period of maximum use as recorded by the City's demand meter plus the KVA nameplate
rating(s) of the customer's generator(s). In the event the customer's generator(s) is/are off-line at the
time of the establishment of the maximum off-peak demand, the KVA nameplate rating of the
generator(s) unavailable for service shall be removed from the determination of the off-peak demand.
~qPF, CIAI, FACII ,ITIF,,q
All services which require special facilities in order to meet the customer's service requirements
shall be provided subject to the Special Facilities Rider.
PROR ATIONI OF I ITII ,ITY FIII J ,~q
(a)
Billing for the Facility Charge shall be based on twelve (12) billings annually and prorated
for longer or shorter periods using the following formula:
Actual dav~ in readino nerind
30 days
x Customer Facility Charge
(b)
Billing for demand shall be calculated on a thirty (30)-day-per-month basis and prorated
for longer or shorter billing periods using the following formula:
Actual dav~ in readino nerind
30 days
x KVA Billed Demand x Rate
FNIFR ~Y (q-I A R GF.
Billing for the energy charge shall be based on actual KWH consumption during the billing period.
Formula:
KWH × KWH Rate
FNFRGY COqT ADH kqTMF, NT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
P A VM17NT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days
from date of issuance.
SCHEDULE WI(
WF,1RKI:;NID R ATP
(EFFECTIVE 10/01/02)
A PPl ,lC A TION
Applicable to any commercial and industrial user whose maximum demand load occurs during the
period from Thursday at 12 midnight through Sunday at 12 midnight and does not experience a demand
load during the period from Sunday 12 midnight through Thursday 12 midnight that exceeds 80% of the
maximum demand load. Customers who violate the 80% requirement more than four (4) times during
the month, or more than twice on the same day of the week, during the months of June through
September, are ineligible for service under this rate for twelve (12) months. Not applicable to resale
service in any event, nor to temporary, standby or supplementary service except in conjunction with
applicable rider.
NF, T MONTHI ,Y R ATF,
(1) Facility Charge
Single-Phase
Three-Phase
(2) Demand Charge
(3) Energy Charge (GS1)
(4)
Customer with 20 KW or below:
Block 1 - First 2,500 KWH
Block 2 - All Additional KWH
Customer above 20 KW:
Block 1 - First 2,500 KWH
Block 2 - Next 3,500 + B2T* KWH
Block 3 - All Additional KWH
$20.00 / 30 days
$25.00 / 30 days
$ 6.40 / KW
(First 20 KW not Billed)
6.75¢/KWH
3.00¢/KWH
6.75¢/KWH
3.00¢/KWH
2.65¢/KWH
* The Block 2 Threshold (B2T) establishes the upper threshold for the Block 2 billing
rate above 6,000 KWH as a function of demand, and is determined by the following
formula:
B2T KWH = [(Actual KW Demand - 20) x 190]
No customer shall be billed for KWH not actually consumed.
Energy Cost Adjustment
Per Schedule ECA
18
M1NIIIVII iM lql1,1 ,lkIfi
An amount equal to the demand charge as calculated below plus $20.00/month for single -phase
service or $25.00/month for three-phase service, per thirty (30) day billing.
TYPP OF ,qPR VICP
The City will supply single-phase service (or three-phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system
through one standard transformation. Where service of the type desired by the customer is not already
available at the point of service, special contract arrangements between the City and the customer may
be required.
P A YN/IF,NIT
Bills are due when rendered and become past due if not paid within fifteen (15) calendar days
from date of issuance.
DF, TF, I~M1NATIC)N C)F DF, MAND
The demand shall be determined by the KW supplied during the fifteen (15) minute period of
maximum use during the current month as determined by the City's demand meter. Billing shall be
based on an adjusted KW demand, which is the actual demand less 20 KW. The adjusted KW
demand will subsequently be used for billing the demand portion of the utility bill. In no case, shall billed
demand be less than 0 KW.
,qPF, CIAI, FACII ,ITIF,,q
All services which require special facilities in order to meet customer's service requirements shall
be provided subject to the Special Facilities Rider.
PROR ATIONI OF 1 ITII ,ITY P, ll J ,~q
Billing for customer facility charge and demand shall be calculated on a thirty (30) day basis and
prorated for longer or shorter billing periods using the following formula:
(a) Billing - Customer Facility Charge shall be based on twelve (12) billings annually.
Formula:
Actual dav~ in readino neriod
30 days
x Customer Facility Charge
(b) Billing - Demand Charge shall be based on twelve (12) billings annually.
Formula:
Achml clav~ in mactino n~rincl
'-' · × Adjusted KW Demand × Rate
30 days
F, NF, R GY CHARGF,
Billing for the energy charge shall be based on actual KWH consumption during the billing period.
Formula:
KWH in rate block × Rate per KWH in rate block
FNFRGY COqT ADH kqTMF, NIT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
20
SCHEDULE G1
I ,OCAI, GOVt:;.RNIMFNT I ,IGI-ITINTG ~v POWI:;,R ,ql:;.RVICI:;. R ATF.
[CITY, COl INTTY, ANT) INBFPFNT)FNT ,qCHC)C)I, DI,qTI~ICT]
(Effective 10/01/02)
A PPI ,lC A TION
Applicable to any local City, County or School District for all electric service supplied at one
point of delivery and measured through one meter.
Nc~t applicable to resale service in any event, nor to temporary, standby or supplementary service
except in conjunction with applicable rider.
NIF.T MONITI-II .Y R A TI:;.
(1)
(2)
(3)
(4)
Facility Charge
Single-Phase
Three-Phase
Demand Charge
Energy Charge
$15.15 / 30 days
$20.20 / 30 days
$6.31 / KW
3.03¢/KWH
Energy Cost Adjustment Current ECA Schedule
MINIM[ IM lql1,1 ,lNG
An amount equal to the demand charge as calculated below, but not less than fifty percent (50%)
of the maximum monthly demand charge for any month during the previous billing months of May
through October in the twelve (12) months ending with the current month, plus the applicable facility
charge per thirty (30) day billing period.
TYPF, OF ~qF, RVICF,
The City will supply single-phase service (or three-phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system
through one standard transformation. Where service of the type desired by the customer is not already
available at the point of service, special contract arrangements between the City and the customer may
be required.
P A YMFNT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days
from date of issuance.
21
DF, TF, RM1NATION (3F DF, MAND
The demand shall be determined by the KW supplied during the fifteen (15)-minute period of
maximum use during the current month as determined by City's demand meter, but not less than 50% of
the highest monthly actual demand determined during the billing months of May through October in the
twelve (12) months immediately preceding the current month.
,qPF, CIAI, FACII ,ITIF,,q
All services which require special facilities in order to meet customer's service requirements shall
be provided subject to the Special Facilities Rider.
PRORATION OF I ITII ,ITY lallI J ,,q
(a)
Billing for the Facility charge shall be based on twelve (12) billings annually and prorated
for longer or shorter billing periods using the following formula:
Formula:
Ach]al dav~ in readino neri~d
30 days
x Customer Facility Charge
(b)
Billing for demand shall be calculated on a thirty (30) day per month basis and prorated
for longer or shorter billing periods using the following formula:
Formula:
Ach]al dav~ in readino neri~d
30 days
x KW Billed Demand x Rate
FNF, R GY CI-I A R
Billing for the energy charge shall be based on actual KWH consumption during the billing period.
Formula:
KWH x KWH Rate
F.NIF. RC, Y CO,qT ADH I,qTMFNT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
22
SCHEDULE LS
,qTR FF.T I ,IGI-IT1NTG
(Effective 10/01/02)
A PPI ,lC A TION
Applicable to all street lighting owned and maintained by the City of Denton.
NIF.T MIDNITI-II ,Y R A TF.
(1) Fac, ili~ Charge See table
(2) Friary Ccitt Acljn~tment Current ECA x Monthly Bulb Wattage Factor
Fac, lilly Charoa Fh]lh Wallaoa FacJar
LSA 100 W Sodium Vapor $ 4.90 / 30 Days 48 KWH
LSB 250 W Sodium Vapor $ 6.95 / 30 Days 105 KWH
LSC 400 W Sodium Vapor $ 8.75 / 30 Days 159 KWH
I,M
LMA
LMB
LMC
LMD
175 W Mercury Vapor
250 W Mercury Vapor
400 W Mercury Vapor
1,000 W Mercury Vapor
$5.65 / 30 Days 70 KWH
$6.70 / 30 Days 98 KWH
$8.50 / 30 Days 153 KWH
$15.45 / 30 Days/380 KWH
TYPF, C)F ,qF, RVICF,
The City will supply single-phase service (or three-phase service if available at the point of
delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system
through one standard transformation. Where service of the type desired by the customer is not already
available at the point of service, special contract arrangements between the City and the customer may
first be required.
P A YMFNT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days
from date of issuance.
23
PR C)R ATIC)N C)V 1 ~Tll ,ITY lql! J ,~q
a) Billing for the Facility Charge shall be based on twelve (12) billings annually and prorated
for longer or shorter periods using the following formula:
Ach]al dav~ in readin~ nerinrl
- ~ · x # of lights per type x
30 days Customer Facilities Charge
F, NIF, RG¥ CO,qT ADH I~TK4F, NIT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
24
SCHEDULE LT
TR A FFIC ! ,IGI-ITINIG
(Effective 10/01/02)
A PPI JC A TIONI
Applicable to State and Local Government agencies that operate and maintain their own traffic
signals.
NIF.T MONITIql .Y R A
All KWH 5.30¢/KWH
TYPF. OF .qF. RVIICF.
At the City's available secondary voltage and phase.
P A YN/IF.MT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days
from date of issuance.
M A 1NITF, NIANICF~ CHARGF~
Maintenance expenses billed at cost.
~qPF, CIAI ~ FACII JTIF,~q
Ail services which require special facilities in order to meet customer's service requirements shah
be provided subject to the Special Facilities Rider.
F,I~TF, R GY CH A R
Billing for the energy charge shall be based on actual KWH consumption during the billing period.
Formula:
KWH × KWH Rate
F.NIF. RC~Y CO.qT ADH I.qTMFNIT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
25
SCHEDULE LO
C)TIqF. R I ,IGIqT1NTC~
(Effective 10/01/02)
I,OA
A PPI ,lC A TlC)lq
Applicable to State and Local Government agencies that install and maintain their own street
lights, other than the City of Denton.
N]F.T MC)NITHI ,Y R A TF.
LS1 250 W Sodium Vapor 5.30¢/KWH
LS2 400 W Sodium Vapor 5.30¢/KWH
LM1 400 W Mercury Vapor 5.30¢/KWH
LM2 1,000 W Mercury Vapor 5.30¢/KWH
BULB WATTAGE
VACTC)R
105 KWH
159 KWH
153 KWH
380 KWH
1
A PPl ,lC A TION
Applicable to other unmetered lighting services.
NF, T MONITHI ,Y 1R ATF,
Total Watl~
1,000
x Hours used per Month x KWH Rate
TYPF, OF ,qF, RVICF,
At the City's available secondary voltage and phase.
P A YMF, NT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days
from date of issuance.
MAINITF, NANCF, CHARGF,
Maintenance expenses billed at cost.
,qPF, CIAI, FACII ,ITIF,,q
All services which require special facilities in order to meet customers service requiremems shall
be provided subject to the Special Facilities Rider.
F, NF, RGY CO~T ADH LqTMF, NT
A charge per KWH of energy taken for fuel cost calculated in accord with Schedule ECA.
26
SCHEDULE DD
F)I Lqld TO F)AXVN ! ,IGHT1NG
[SECURITY LIGHT]
(Effective 10/01/02)
A PPI .lC A TlC)N;
Applicable to any customer within the area served by the City's electric distribution system for
outdoor area lighting when such lighting facilities are operated as an extension of the City's distribution
system.
NF, T MONITHI ,Y R ATF,
(1) Facililv~ Charoe
See table
(2)
Fnergy Ccitt Adjlmtment Current ECA × Monthly Bulb Wattage Factor
Facili~ Cha~e
lql]lh Wattaoe Factor
DSA 100 W Sodium Vapor $7.75 / 30 Days 48 KWH
DSB 250 W Sodium Vapor $10.05 / 30 Days 105 KWH
DSC 400 W Sodium Vapor $12.35 / 30 Days 159 KWH
DHA 250 W Metal Halide $12.05 / 30 Days 105 KWH
DHB 400 W Metal Halide $14.35 / 30 Days 159 KWH
Restricted 10/1/97:
DMA 175 W Mercury Vapor $6.45 / 30 Days 70 KWH
DMB 250 W Mercury Vapor $7.50 / 30 Days 98 KWH
DMC 400 W Mercury Vapor $8.35 / 30 Days 153 KWH
TYPF, OF ~qF, RVICF,
The City shall furnish, install, maintain and deliver electric service to automatically controlled,
mercury or sodium vapor lighting fuxtures conforming to the City's standards and subject to its published
rules and regulations.
Where necessary for proper illumination or where existing poles are inadequate, the City will
install or cause to be installed, one (1) pole for each installed light, at a distance not to exceed eighty
(80') feet from said existing lines, at no charge to the customer. Each additional pole span shall not
exceed a span spacing of one hundred (100') feet. Additional poles required to install a light in a
customer's specifically desired location, and not having a light installed on same, shall bear the cost.
PAYMFNT Bills are due when rendered, and become past due if not paid within fifteen (15)
calendar days from date of issuance.
27
TFRM ~F CONTR ACT
A two (2) year contract shall be agreed to and signed by each customer desiring Dusk-to-Dawn
Lighting Service authorizing fixed monthly charges, which may be reviewed annually, and to be applied
to the monthly municipal utilities bill. In the event that a customer desired the removal of the unit or
discontinuance of the service prior to completion of two (2) years, the remainder of the contract period
shall become due and payable. After the end of the initial two (2) year contract, service shall continue
on a month- to-month basis and may be canceled by either party upon thirty (30) days notice.
~qPF, CIAI, FACII JTIF,~q
All service which requires special facilities in order to meet the customer's service requirements
shall be provided subject to the Special Facilities Rider.
PRORATION OF I ITII ,ITY lqlI J ,,q
Billing for the Facility charge shall be based on twelve (12) billings annually and prorated for
longer or shorter billing periods using the following formula:
Formula:
Ach]al dav~ in readino narind
30 days
x Customer Facility Charge
FNF, RGY CO,qT AD]l LqTM~NT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
28
SCHEDULE DDL
DOWNTOWN DF. CORA T1VF. I ,IGHTINTG
(Effective 10/01/02)
A PPI ,lC A TION
Applicable to any customer on the perimeter of the square served by the City's electric
distribution system for outdoor area lighting when such lighting facilities are operated as an extension of
the City's distribution system.
NF, T MONTHI ,Y R ATF,
(1) Facility Charge
$3.85 / 30 Days
(2)
Energy Cost Adjustment Current ECA × Monthly Bulb Wattage Factor, based on 415
KWH per Customer
TYPF, OF ~qF, RVICF,
The City shall fumish, install, maintain and deliver electric service to automatically controlled
lighting fbxtures conforming to the City's standards and subject to its published rules and regulations.
The service is provided between dusk and midnight.
P A YMFNT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days
from date of issuance.
~qPF, CIAI, FACII ,ITIF,~q
All service which requires special facilities in order to meet the customer's service requirements
shall be provided subject to Special Facilities Rider.
PRORATION OF 1 ITII ,ITY Fill ,1 ,~
Billing for the Facility Charge shall be based on twelve (12) billings annually and prorated for
longer or shorter billing periods using the following formula:
Formula:
Ach]al dav~ in readino ne, rind
30 days
x Facility Charge
F, NF, RGY COqT ADH LqTMFNT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
29
SCHEDULE DGL
AT1VF. GR Ol INID I ,IGHT1NIG
(Effective 10/01/02)
A PPI JC A TIONI
Applicable to any customer using ground lighting served by the City's electric distribution system
for outdoor area lighting. The customer owns, operates, and maintains the decorative ground lighting
upon installation by the City of Denton.
NF, T MONTHI ,Y R ATF,
(1) Facility Charge (Meter) $6.70 / 30 Days
Facility Charge (Per Light)
50 W Sodium Vapor Beacon
50 W Spot
70 W Sodium Vapor Ballard
100 W Sodium Vapor Ballard
(2) Energy Charge
$2.15 / 30 Days
$1.70 / 30 Days
$4.50 / 30 Days
$4.50 / 30 Days
3.79 cents / KWH
TYPF, C)F ~qF, RVICF,
The City shall furnish and install light fuxtures, and deliver electric service to automatically
controlled lighting fixtures conforming to the City of Denton's standards and subject to its published
rules and regulations. The service is provided between dusk and dawn.
TF.RM OF PF.R 1 .lC, MT FACII]TY CHARC, F.~q
At the end often (10) years, the facility charges per light will be discontinued.
P A YK/IF.NIT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days
from date of issuance.
INLqTAI J ATIONI CO~qTq
The installation costs will be calculated by the City. The customer is responsible for installation
costs at the City's discretion.
3O
All service which requires special facilities in order to meet the customer's service requirements
shall be provided subject to the Special Facilities Rider.
TF. RM OF CONITR ACT
A ten (t0) year contract shall be agreed to and signed by the customer desiring Decorative
Ground Lighting Service authorizing fixed monthly meter charges, which may be reviewed annually, and
to be applied to the monthly municipal utilities bill. The monthly per light facility charge will not change
during the ten (t0) year contract period. In the event that a customer desired the removal of the unit or
discontinuance of the service prior to completion often (t0) years, the remainder of the contract period
shall become due and payable. After the end of the initial ten (t0) year contract, service shall continue
on a month- to-month basis and may be canceled by either party upon thirty (30) days notice.
PR OR ATION OF 1 ITII ITY Fill
Billing for the Facility charge shall be based on twelve (12) billings annually and prorated for
longer or shorter billing periods using the following formula:
Formula:
Ach]al dav~ in readino neriod
30 days
× Customer Facility Charge
SCHEDULE TI
TF, MPOI~ Ally ~qFRVICF, ~qCIqF, D111 F,
(Effective 10/01/02)
A PPI ,lC A TIC)N
Applicable when a customer requests electric service on a short term or temporary basis where a
customer has received a permit from the City of Denton's Building Inspections Department. This rate is
not applicable after the certificate of occupancy has been issued.
NF, T MIDNITHI ,Y R ATF,
(1) Facility Charge
Single-Phase $15.15 /30 days
Three-Phase $20.20 / 30 days
(2) Energy Charge 6.77¢/KWH
(3) Energy Cost Adjustment Current ECA Schedule
MINIM[ IM Pill ,1 ,lNG
Facility Charge.
TYPF, C)F ~qF, RVICF,
At the City's available secondary supply.
ADDITIONAl, TF, MPOR ARY ~qF, RVICF, CHARGF,~q
Labor (Regular Time)
Labor (Overtime)
Transportation
$60.00 minimum up to 1 hour. $60.00 for each additional hour (to
be measured to the nearest one-quarter hour).
$75.00 minimum up to 1 hour. $75.00 for each additional hour (to
be measured to the nearest one-quarter hour). Premium
time to be added where applicable.
To be billed by hours or miles, as applicable, according to the
estimated cost of operating the equipment.
Material
Material that cannot be salvaged to be billed at Stores cost plus
25% and applicable sales tax. At the time a temporary
service is removed or converted, any loss in the material
32
installed due to negligence or willful action by the customer
will be billed separately to the customer at replacement cost
plus 25% and sales tax.
,qPF, CIA I, F A CII ,ITIF,,q
All services which require special facilities in order to meet the customer's service requirements
shall be provided subject to the Special Facilities Rider. See Section 25-23(e) for the standard
requirements.
,AT R ATF. TF.MPOR ARY ~qF. RVICF.
Applicable to new construction of underground residential electric service only.
Rate: A fiat fee of $195 per lot payable when the customer applies for temporary service.
PlROR ATION OF I ITII ,ITY FIII ,I
Billing for the Facility charge shall be based on twelve (12) billings annually and prorated for
longer or shorter periods using the following formula:
Formula:
Actual dav~ in raadino nerind
30 days
× Customer Facility Charge
FNFR GY CH A R
Billing for the energy charge shall be based on actual KWH consumption during the billing period.
Formula:
KWH × KWH Rate
FNF, RGY CO,qT ADH kqTMFNT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
33
SCHEDULE P1
1NITF.RRI IPTIFII F. PRIMARY
(Effective 10/01/02)
A PPI ,lC A TIC)N
Applicable to all customers taking primary service at a f'Lrm power load exceeding 1,000 KVA
during the months of June, July, August and September and is, by contract, provided service subject to
load interruptions. The City retains the fight to limit the number of customers on this rate if the City's
load reduction goals are met.
NF, T MONTHI ,Y CHAR GE (Estimated Transmission FilTh)
(1) Facility Charge
(2) Energy Charge
(3) Demand Charge
(4) Energy Cost Adjustment
$70.70 / 30 days
0.20¢/KWH
$3.78 / KVA
Current ECA Schedule
M1NIMI IM Pill ,1 ,lNG
An amount equal to the demand charge as calculated below but not less than one hundred
percent (100%) of the maximum monthly KVA similarly determined during the previous billing months
of May through October in the twelve months ending with the current month, nor less than 1,000 KVA.
TYPF, OF ,qF, RVICF,
Interruptible primary voltage service (transformation equipment owned by customer) is available
to any customer with a twelve (12)-month minimum monthly demand of 1,000 KVA or greater.
Interruptible primary service rendered at one point on the customer's premises at a nominal voltage of
13,200 volts or 69,000 volts three-phase at the option of the utility.
The primary voltage service customer shall own, operate, and maintain all facilities necessary to
receive three-phase primary voltage service and all transformation facilities required for conversion to
utilization voltage. The City shall own, operate and maintain all metering facilities, either at primary or
secondary voltage, at the City's option. Where the City elects to meter at secondary voltage, two
percent shall be added to the demand charge, the energy charge, and the energy cost adjustment charge
to account for transformer losses.
DF, TF, RMINATION (DF DF, MAND
34
The demand shall be determined by the KVA supplied during the fifteen (15) minute period of
maximum use during the current month as determined by City's demand meter, but not less than 100%
of the maximum monthly KVA similarly determined during the billing months of May through October in
the twelve months immediately preceding the current month, nor less than 1,000 KVA.
~qPF.(?IAI, FACII ITIF.~q
All service which requires special facilities h order to meet the customer's service requirements
shall be provided subject to the Special Facilities Rider.
PRORATION OF I ITII ,ITY FIII J ,~q
(a)
Billing for the Facility charge shall be based on twelve (12) billings annually and prorated
for longer or shorter billing periods using the following formula:
Formula:
Achml clav~ in reaclino nerincl
30 days
× Customer Facility Charge
(b)
Billing for demand shall be calculated on a thirty (30) day per month basis and prorated
for longer or shorter billing periods using the following formula:
Formula:
Actual dav~ in readino ne, rind
~ ,_,l × KVA Demand × KVA Rate
30 days
FNF, R GY CH A R
Billing for the energy charge shall be based on actual KWH consumption during the billing period.
Formula:
KWH × KWH Rate
F, NIF, RGY COqT ADH kqTMF, NIT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
35
SCHEDULE ES
~qTANIDRY ~ql/PPI F.MF.NITARY AND MA1NTFNIANICF. ~qFRVICF.
(Effective 10/01/02)
A PPI .lC A TIONT
Applicable in all areas served by the City to customers who:
(1)
Own and/or operate an electric power generation facility mainly used for non-emergency
uses and which has a total nameplate or effective capacity (whichever is lesser) of fifty
(50) KVA or more in parallel with the City's electric system for the purpose of generating
power for the customer's own consumption, and
(2)
Employ equipment which is compatible with the City's electric system at the customer's
delivery point and which will cause no damage to the City's electric system or equipment
or present undue hazards to City personnel, and
(3)
Own and/or operate an electrical generating facility which has been certified annually by a
registered professional engineer practicing in the utility or independent Power Production
industry to be a functioning and reliable generating facility.
(4) Operate an electrical power generating system at least 6,500 hours annually.
(5) Execute an agreement for interconnection and parallel operation with the City.
1NTFR CC)NNF, CTIC)NT
The customer shall reimburse the City for any equipment or facilities required as a result of the
installation by the customer of generation in parallel with the City's electric system.
The customer shall pay all costs of the City to extend its facilities or modify them at the time of
interconnection, or at some future time in order to permit parallel operation of the customer's facility.
TYPF, OF ~qF, RVICF,
The City shall supply alternating current at sixty (60) cycles and at the voltage and phase of the
City's electric system most available to the location of the customer. The primary voltage customer shall
own, operate and maintain all facilities necessary to receive three-phase primary voltage service and all
transformation facilities required for conversion to utilization voltage. The City shall own, operate and
maintain all metering facilities, either at primary or secondary voltage, at the City's option. Where the
City elects to meter at secondary voltage, the secondary energy and on-peak demand charges shall
apply.
NF, T MONITHI ,Y R ATF,
36
Primary
~q~rvic~
Secondary
~q~rvic~
(1) Facility Charge
$60.60 / 30 days
$25.25 / 30 days
(2)
Demand Charges:
On-Peak Demand
Off-Peak Demand
$10.30 / KVA
$3.80 / KVA
$10.30 / KVA
$3.80 / KVA
(3)
Energy Charges:
Non-Emergency Energy
Emergency Energy
0.20¢/KWH
5.25¢/KWH
0.51¢/KWH
5.35¢/KWH
(5) Energy Cost Adjustment Current ECA Current ECA
If the sum of the Customer Facility Charge, the On-Peak Demand Charge, and the Off-Peak
Demand Charge is less than $1.00 per KVA of installed transformer capacity, $1.00 per KVA of
installed transformer capacity will be the monthly charge.
M1NIMI IM Fill ,1 ,lNG
The minimum monthly billing shall be the higher of the following:
(1)
The sum of the Customer Facility Charge, the On-Peak Demand Charge, and the Off-
Peak Demand Charge; or
(2) A charge of $1.00 per KVA of installed transformer capacity.
DETEI~MINIATICiNI (iF (iN-PEAK DEMANID
The on-peak demand shall be determined by the KW demand supplied by the City during the
fifteen (15) minute period of maximum use during the on-peak hours as recorded by the City's demand
meter, but not less than one hundred percent (100%) of the maximum on-peak demand which occurred
during the billing months of June through September in the twelve (12) months immediately preceding
the current month.
DETERMINATION OF ON-PEAK DEMAND - COGENIF, RATION IJNIITq NOT
OPERATING AND CIkqTOMF, R'~q PEAK DID NOT CONTRIRIITE TO CITY',q
ANNII IAI, ~qY~qTEM PEAK
If a customer's cogeneration unit(s) is/are off during peak hours, and the customer's peak did not
contribute to the City's annual off-peak demand, and the cogeneration unit is one (1) MW or larger,
then the nameplate rating of the customer's unit(s) shall be deducted from the peak demand.
The customer shall be charged the appropriate on-peak demand charges for the KW supplied by
the City for the succeeding twelve (12) months.
37
DF. TF. RMINIATIC)NI OF C)FF-PF. AI( (~qY~qTF.M~ DF. MANID
The off-peak demand shall be determined by the sum of the KW demand supplied during the
fifteen (15) minute period of maximum use as recorded by the City's demand meter, plus the KW
nameplate rating(s) of the customers generator(s). In no event shall the off-peak demand be less than
seventy percent (70%) of the maximum on-peak demand similarly determined during the billing months
of June through September in the twelve (12) months immediately preceding the current month.
DF. TF.R MINI A TION 13V NON- F.MF.R C,F.NICY FNF.R C,Y
All energy supplied to customers whose generating units are less than one (1) MW capacity.
DF. TF.R MINA TION 13V F.MF.R C,F.NICY FNF. R C,Y
Emergency energy is all energy supplied by the City during peak hours of operation to displace
energy normally supplied by the customer's one (1) MW or larger unit.
DFFINIITIC)NI IDF IDNI-PF, AK l-llDl lt~q
The City's on-peak hours, for the purpose of this rate schedule, are designated as being l?om
2:00 P.M. to 7:00 P.M. each Monday through Friday.
DFFINIITIONI IDF OFF-PF, AK I-IIDI lt~ ~q
The City's off-peak hours, for the purpose of this rate schedule, shall be all hours not designated
as on-peak hours.
~qPF, CIAI ~ FACII JTIF,~q
All services which require special facilities in order to meet customer's service requirements shall
be provided subject to the Special Facilities Rider.
Pl~ C)I~ ATIC)NI C)V 11TII ITY IallI J ,~q
(a)
Billing for demand shall be calculated on a 30 day per month basis and prorated for
longer or shorter billing periods using the following formula:
Actual dav~ in readino nerind
30 days
× Customer Facility Charge
(b)
Billing for demand shall be calculated on a thirty (30) day per month basis and prorated
for longer or shorter billing periods using the following formula:
Actual dav~ in readino nerind
30 days
x KW Billing Demand x Rate
38
FNFR GY Cl-I A R
Billing for energy shall be based on actual KWH consumption dtring the billing period.
Formula:
KWH in rate block × Rate per KWH in rate block
CRF.DIT FOR FNIFRGY DFI]VFRF. D INTO CITY'~q ~qY~qTF.M DIIRING ONI-PF. AI~
HOI IR ~q
If Customer-produced energy is fed back into the City's system during on-peak hours, an amount
equal to fuel cost calculated in accordance with Schedule ECA, as applicable to such energy is credited
monthly, provided that Customer has paid the City for necessary added metering, protective and other
equipment as determined by the City.
CRFDIT FOR FNFRGY DFJ,IVFRFD INTO CITYLq ~qY~qTF, M DIIR1NG C)FF-PFAK
HOI IR ~q
If Customer-produced energy is fed back into the City's system during off-peak hours, an amount
equal to 70% of the billed ECA charge per KWH (for each KWH delivered back into the City's
system) will be credited monthly, provided that Customer has paid the City for necessary added
metering, protective and other equipment as determined by the City.
FNF, RGY CO,qT ADH kqTMFNT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
39
SCHEDULE AF
A TI-II F.TIC FIF.! D
(Effective 10/01/02)
A PPl ,lC A TION
Applicable to all electric service metered at one point for use to light specified areas for athletic
events where such electrical use will not occur between the hours of 2:00 P.M. and 7:00 P.M. for the
months of June through September.
NF, T MONITHI ,Y R ATF,
(1) Facility Charge
Single-Phase
Three-Phase
(2) Energy Charge
$20.20 / 30 days
$30.30 / 30 days
Plillino monlh~ of.hme lhronoh ~qenlernher:
2:00 PM to 7:00 PM (Peak) 7.58¢/KWH
All Other Hours (Off Peak) 3.79¢ / KWH
Flillino mnnlh~ nfC)ctnher thrnnoh May:
All hours 3.79¢/KWH
(3)
Demand Charge
Plillino mc~nth~ c~f.h~ne thrcmoh ~qentemher:
Peak (2:00 PM - 7:00 PM) $4.70 / KW
All Other Hours (Off Peak) $1.11 / KW
Rillino rnnnth~ nFOctnher thmnoh May'
All hours
$1.11/KW
(4)
Energy Cost Adjustment
Current ECA Schedule
40
Mmnkfl IM P~ll l .n'4C, Facility Charge
TYPF, C)F ~qF, I~VICF,
At the City's available secondary voltage and available phase. For use only between the hours of
7:00 P.M. and 2:00 P.M. from June through September and all hours from October through May.
~qPF, CIAI, FACII ,ITIF,~q
All services which require special facilities in order to meet customer's service requirements shall
be provided subject to the Special Facilities Rider.
PROR A TIONI OF 1 ITII ,ITY FIll ,1 ,~q
(a) Billing for the Facility charge shall be based on twelve (12) billings annually and prorated
for longer or shorter periods using the following formula:
Formula:
Ach]al dav~ in re, adino ne, rind
- '-' * x Customer Facility Charge
30 days
(b) Billing for demand shall be calculated on a thirty (30) day per month basis and prorated
for longer or shorter billing periods using the following formula:
Formula:
Ach]al dav~ in readino neric~d
30 days
F, NF, R GY CPI A R
x KW Demand x Rate
Billing for the energy charge shall be based on actual KWH consumption during the billing period.
Formula:
KWH in rate block x Rate per KWH in rate block
F, NF, RGY CO~qT ADH I~qTMF, NT
A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA.
SCHEDULE IDR
INIDI I,qTI~IA[ ~ F)F.VF.!/DPMFNIT 1~ ATF.
(Effective 10/01/02)
AVAII At:iii ITY
This rider is available to the customers who receive service from Rate Schedules GSS, GSL, or
TGS.
A PPI .lC A TlC)lq
This rider is available to electric service supplied at any one location. It is for firm electric service
applicable to new and existing customers as described below, over a five-(5) year period. This rider is
available to the following classes of customers:
(1)
New customers whose electric service represents demand not previously served by the
City at any location in the City's service area in the last twelve (12) months, where such
metered demand will be in excess of 225 KVA or 200 KW, as estimated and mutually
agreed upon by the Director of Electric Utilities and the customer.
(2)
Existing customers served under Rate Schedules GSS, GSL or TGS who increase their
prior existing metered demand by 225 KVA or 200 KW. This increase shall be verified
by comparing a three-month rolling average of the new level of demand to the prior
demand averaged for corresponding months. During periods in which this verification
method cannot be applied, the Director of Electric Utilities and the customer may develop
a mutually agreed-upon formula to estimate the base and additional demand levels.
NF, T MONITHI ,Y R ATF,
The customer shall be charged under the appropriate applicable rate schedules with the exception
that the monthly billing demand (For GSS and GSL) or system demand and on-peak demand (for TGS)
will be adjusted in accordance with the following table:
Time Period
Reduction to Billing
Demand cw ~qv~tem Demand
First Year 50%
Second Year 40%
Third Year 30%
Fourth Year 20%
Fifth Year 10%
CONTR ACT PF, RIOD
The term of the contract will be for five (5) years.
42
SCHEDULE EP
F~n ero~c,~nve Prnornm
(Effective 10/01/02)
Annlicatinn/Pmoram ~qurnrnarv
Denton Municipal Electric (DME) through this program, called "EnergySave", is offering cash
payments as incentives in the form of rebates to customers who purchase and install high-
efficiency air conditioners or heat pumps for new residential, existing residential or commercial
facilities. This program will provide structure incentives in the form of rebates, in the amount of
$500.00 per qualifying structure, to residential builders of single-family residences for meeting
specific DME structure requirements. Satisfying these construction requirements will improve a
residential structure's heating and cooling systems' operating efficiency. Apartments and
multiple unit residential structures will qualify for the air conditioner rebates, but will not qualify
for the structure incentive, if they meet the applicable EnergySave Program Guidelines.
The EnergySave Program's objectives are primarily to reduce energy demand and
consumption, thereby allowing the customers of Denton Municipal Electric to save dollars on
their utility bills, reducing the peak load of the City of Denton's electric system, and promoting
energy efficient heating and cooling.
Pmomm Gnideline~
I. Qualification Guidelines for Equipment
All installations must be for accounts served by the Denton Municipal Electric and
must meet all applicable national, local, and manufacturers' codes and
specifications.
B. To qualify for equipment incentive, equipment must be new when installed.
All equipment must be purchased. No leased or lease/purchased equipment will
qualify for a cash rebate.
D. Installations must be made by licensed contractors and/or dealers.
No rebate will be paid on a partial replacement of an air conditioner. The
compressor, condenser and the evaporator coil must be replaced to qualify for a
rebate. Payments for residential central cooling systems, which include
apartments and mobile homes, will be limited to a capacity based on a ninimum
of 600 conditioned square feet per ton.
The conditioned area in square feet is required on each residential central system
request for payment. Any variance must be authorized on an individual basis and
approved by the Denton Municipal Electric Marketing Division.
Incentives for new and retrofit equipment will be contributed to a purchaser or
authorized homebuilder for qualifying equipment. Incentives will be paid upon
43
verification of compliance with program guidelines.
Requests for payment must be received by the Director of Electric Utilities within
sixty (60) days of installation.
Equipment and installation are subject to inspection by the City's Building
inspection Department before Final approval for payment is issued.
The EnergySave Program guidelines and payments are subject to change by
Denton Municipal Electric without prior notice.
Denton Municipal Electric may, at any time, discontinue the EnergySave Program
without prior notice.
ii. Qualification Guidelines for Structure Incentive
A residential structure incentive, in the amount of $500.00 per qualifying structure,
is offered to a builder, developer or authorized agent after the following
qualifications are met:
Builder, developer or authorized agent must be enrolled in the Denton
Municipal Electric EnergySave Program (EnergySave).
Builder must install a 1.5 ton or above central air conditioner or heat
pump having a minimum etticiency rating of 12 SEER.
3. Install minimum of R13 wall insulation
4. Install minimum of R30 ceiling insulation
Ninety-percent (90%)of the total square footage of exterior glass must be
double-glazed (double pane).
Seal and weather-strip exterior doors and windows. Includes caulking
exterior toe plates and wiring/plumbing penetrations through the
structure's exterior walls and ceiling.
Structure Incentive for new homebuilders must also comply with the respective
restrictions set forth in ~uid~lin~ few Fn?iprn~n~ I~. mlific, atic~n~.
GENERAL PROCEDURES
Application
1. Equipment-
An application for equipment incentive must be completed and sent to the
Director of Electric Utilities within sixty (60) days of installation of new or
replacement equipment. Participating dealers have application forms and
will complete these forms for the purchaser, it is the purchaser's
responsibility to see that the dealer completes the form and submits it to the
44
ii.
Director of Electric Utilities.
2. Structure Incentive-
To qualify for residential structure incentives, a builder/developer or
authorized agent must be registered as an authorized Denton Municipal
Electric EnergySave Authorized Builder. To become a recognized
EnergySave builder, applicant must complete and submit a Denton
Municipal Electric EnergySave Builder Application form to the Director of
Electric Utilities. Applicant must also meet the requirements listed in the
EnergySave Final Audit form listing the described construction
requirements.
Inspections
Installations of central air-conditioning systems will be inspected by the City's
Building inspection Department and must be approved before rebates will be
processed. New structures will be randomly audited to insure adherence to the
required energy efficient construction specifications.
Payments to Participants
1. Equipment Retrofit (Existing residences)
Cash payments will be made to the purchaser of the qualifying replacement
equipment. Participating retail equipment dealers will receive a cash
payment of $20 per unit for the sale of window units, central air conditioning
systems, or heat pumps to offset their cost for properly filling out the
applications for purchasers of retrofit equipment.
2. New equipment and structure incentive
Program participants are responsible for submitting the correct information.
The Utility Depamnent will not issue any additional payment unless the
payment was incorrect due to a mistake in processing by a City employee.
The twenty dollar ($20.00) payments to dealers will be made only if they
supply the qualifying equipment to the customer or builder who is paying for
the installation of the equipment. Dealers and purchasers may be denied
payment for failure to follow program guidelines such as: failing to supply
correct square footage or SEER/EER figures; installing equipment which is
not new; replacing part of a split system; or failure to fill out rebate forms
properly. Payments will be made to customers who purchase and install
new qualifying equipment, if a tenant purchases and installs qualifying
equipment, the payment is made to the tenant. If the owner of rental
property purchases and installs qualifying equipment, the payment is made
to the owner, if the purchaser ora mobile or custom home selects and pays
for a qualiBfing unit, the purchaser will receive the rebate.
CENTRAL ELECTRIC AIR CONDITIONERS AND HEAT PUMPS
45
A new condensing unit with an inside evaporator coil will qualify if matched, as
specified, in the current issue of the ARI Directory of Certified Air Conditioners
and Air Source Heat Pumps and the unit meets the minimum ratings as specified in
the 1998 EnergySave Program. If the unit is not in the current AR1 Directory, the
manufacturer's latest data approved for publication will be accepted.
If the unit is not in the current ARI Directory or data approved for publication, the
average of the high and low SEER/EER coil only, not including blower coil, will
be accepted as listed in the current ARI Directory.
Computer simulations may be used if ratings are not listed in the current ARI
Directory, provided the following criteria are met:
1. Systems using mix-matched coils must meet all established program
guidelines to qualify for a rebate.
The computer simulations must be signed, certified, and dated by a
registered professional engineer and an officer of the company making the
submittal.
The engineer who certifies a simulation must attest to the accuracy of the
input data, the validity of the calculation procedure used, and that the
results are in accordance with Department of Energy approved
methodology.
A complete set of the input data and an indication of the source of the
data must accompany the simulated ratings.
The simulated ratings must be based on the condensing unit's te~tecl
combination as listed in the current ARI Directory or latest data approved
for publication and identified by the correct model numbers of both the
condensing unit and coil as listed in the current ARI Directory.
Simulated ratings must not exceed 10';% of the SEER rating of the tested
system used as a base.
An open file of computer simulations will be maintained at the Energy
Management Office. Supplying erroneous ratings or data can lead to
disqualification of those involved from further program participation.
C. Program Capacity and Payment Formula
The maximum allowable BTU per hour capacity eligible for a residential
rebate is determined by dividing the square footage of the air-conditioned
area by 600 and multiplying by 12,000.
Example: The Program Capacity for an 1,800 square foot house is:
= 3.0 × 12,000 = 36,000 BTUH
46
6OO
The City will pay a rebate on a unit that meets program efficiency standards
and is sized at 36,000 BTUH or less.
Actual payment will be determined by dMding the BTUH of the installed
unit (up to, and including the Program Capacity) by 12,000 and
multiplying by the incentive.
The incentive amounts and SEER ratings are referenced of the "1998
EnergySave Program: Methods Used in Determining Equipment Efficiency
and Eligibility," and are incorporated herein as if fully set forth at length:
Example A: A person in a 2,100 square foot house installs a 42,000 BTUH central air
conditioner with an SEER rating of 12.0.
T100= 3.5 x 12,000 = 42,000 Program Capacity
6OO
4T000 = 3.5 x $100/ton = $350.00 Incentive
12,000
Example B: A person in a 2,400 square foot house installs a 60,000 BTUH central air
conditioner with a SEER rating of 12.0.
7.,400 = 4 × 12,000 = 48,000 Program Capacity
6OO
48,000 = 4 x $100/ton = $400 Incentive
12,000
Example C: A person in a 2,400 square foot house installs a 60,000 BTUH central heat
pump with a SEER rating of 12.0.
7,400 = 4 x 12,000 = 48,000 Program Capacity
600
4X,000 = 4 x $150/ton = $600 Incentive
12,000
47
SEER/EER
Central Air Condilionino Rafino
Single- Phase (SEER) 12.0
Three- Phase (EER) 12.0
Single- Phase (SEER) 14.0
Three- Phase (EER) 14.0
Central Heat l:h~mn~
Single- Phase (SEER) 12.0
Three- Phase (EER) 12.0
Single- Phase (SEER) 14.0
Three- Phase (EER) 14.0
Room Air Condilionem 10.0
Room Heat Pumn~ 10.0
Geothermal Heat Fh~mn 12.0
De~unerheater
(Waste heat reclamation device)
[lq o,,elq~ive
$100 / ton*?
$1 O0 / ton
$125/ton
$125/ton
$150/ton
$150/ton
$175/ton
$175/ton
$50 / unit
$50 / unit
$500 / u~t
$150/unit
Refer to "1998 EnergySave Program: Methods Used in Determining Equipment Efficiency
and Eligibility"
For calculation purposes, one ton equals 12,000 BTUH
48
SCHEDULE MTR
(Effective 10/01/02)
APPI ]CATION/PR OGR AM ~ql IMMARY
The City of Denton Utility Department is offering cash payments to customers who purchase and
install premium-efficiency motors and adjustable speed drives in facilities serviced by Denton Electric
Utility.
The program's objective is to reduce energy demand and consumption, thereby saving customers
dollars on their utility bills and reducing the peak load of the City of Denton's electric system, thereby
conserving energy and improving the power factor.
PROGR AM G111DFJ ,INIF,~q
All installations must be for accounts served by the City of Denton Electric Utility and
must meet all applicable national, local, and manufacturers' codes and specifications.
To qualify for a rebate, equipment must be new when installed. All equipment must be
purchased. No leased or lease/purchased equipment will qualify for a cash rebate.
Removed motors must be properly disposed of after inspection and not re-used with the
Denton Electric Utility system. Method of disposal must be stated.
The City will pay the rebate to the purchaser of the qualifying equipment upon verification
of compliance with program guidelines.
Equipment and installation are subject to inspection by the City's Electric Utility before
Final approval for payment is issued.
Replacement motors must be the same horsepower or lower than the original motor.
Exceptions must be approved in writing by the City's Electric Utility. Only motors 20
horsepower and above are eligible for the program.
All information must be complete on the Motor Rebate Application in order for a rebate
to be issued (see Motor Rebate Application).
The Premium-Efficiency Motor Rebate program guidelines and payments are subject to
change without notice. This program may be discontinued with prior notice, at any time
by the City of Denton Electric Utility.
RF, BATF, MF, THC)DC)I DGY
Rebates for the Premium-Efficiency Motor Rebate Program will be based on the following
methodology:
REPLACEMENT MOTORS:
1. The Denton Electric Utility staff will visit the site to determine the existing motor's
efficiency. If the existing motor is non-operational, an estimate will be made.
2. The customer must provide all information on the rebate application conceming the
proposed motor purchase.
3. A new motor must not exceed the horsepower of the existing motor without express
written consent by the Denton Electric Utility, which consent shall be given only if the utility finds an
increased efficiency.
4. The information conceming the existing and the proposed motors will be entered into the
Motor Master software program to calculate the kilowatt (KW) or kilovolt amperes (KVA) savings
yield. The calculation is based on horsepower, efficiency, RPM, and load information.
5. The KW or KVA yield will be multiplied times the rebate incentive amount of $100/KW
or $90/KVA:
KW yield x $100 / KW
or KVA yield x $ 90 / KVA
6. The Denton Electric Utility will to the site to verify installation, and following successful
installation, a rebate check will be mailed to the customer.
NEW MOTORS:
New motors will follow the procedure outlined above for replacement motors but the efficiency
comparison will be made against a standard new motor, to be determined by the Motor Master software
program used by the City, Department of Energy standards, or the Denton Electric Utility.
ADJUSTABLE SPEED DRIVES:
The Denton Electric Utility will visit the customer site to determine KW/KVA savings from the
proposed Adjustable/Variable Speed Drive. Those savings will be awarded on a $100/KW or
$90/KVA basis. A watt-meter will be used before and after installation.
KW / KVA SAVINGS:
Rebates in excess of $1,000.00 require advance approval of the Director of Electric Utilities.
50
SCHEDULE tIPS
I INI1NITF.R RI/PTIRI F. PIDXUF.R ~qI/PPI .Y
(Effective 10/01/02)
A PPI .lC A TIC)N
Applicable to any customer who, by written agreement, receives service for an uninterruptible
power supply for a computer or other electrical equipment. Uninterruptible Power Supplies provided by
the City of Denton are of the standby type.
NF, T MONTHI ,Y R ATF,
(1) Facility Charge:
0 - 300 Watts Uninterruptible Power Supply $7.80 / 30 days
301 - 700 Watts Uninterruptible Power Supply $14.90 / 30 days
701 - 1,200 Watts Uninterruptible Power Supply $31.85 / 30 days
(2) Installation Charge $25.75
For any Uninterruptible Power Supply other than above, the monthly customer charge will be
based on the following formula:
(1)
Monthly Charge:
5% c~f Annual Maintenance Ccitt
12 months
6% Annual Rehwn of Investment
12 months
8% Interest on a 5 Year Life
PLUS
PLUS
The City shall furnish, install, maintain an automatically controlled alternating current power
backup unit conforming to the City's standards and subject to its published rules and regulations.
P A YMFNT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days
from date of issuance.
All services which require special facilities in order to meet customer's service requirements shall
be provided subject to the Special Facilities Rider.
PROR ATIONI C)F I ITII ,ITY FIII J ,~q
(a)
Billings for the Facility charge shall be based on twelve (12) billings annually and prorated
for longer or shorter billing periods using the following formula:
Formula:
Actual dav~ in readino nerind
30 days
× Customer Facility Charge
52
SCHEDULE ECA
F,NIF, R~¥ CO,qT ADH LqTMF,NT
(Effective 10/01/02)
F.NIF. RG¥ CO,qT ADH LqTMFNT
All monthly KWH charges shall be increased or decreased by an amount equal to "X" cents per
KWH, to be known as the energy cost adjustment (ECA). The ECA shall be computed during the last
month of each fiscal year quarter (December, March, June and September) to be applied to the quarter
immediately following. The City shall in no case change the energy cost adjustment more than once in any
three (3) month period. The ECA shall be calculated using the following formula:
ECA
Projected KWH sales for next quarter
In the event that actual plus estimated cumulative costs of fuel, variable costs of Texas Municipal
Power Agency (TMPA) energy and purchased energy (excluding TMPA's fixed charges) are greater than
or less than the actual and projected ECA revenues by $500,000 or more during the next quarter, the
Director of Electric Utilities or her designate shall recompute the Energy Cost Adjustment and, with
Public Utilities Board approval, may establish an ECA that collects or returns such difference over the
next three month period. Such change in ECA shall be applied evenly to each month during the three-
month period.
53
~qPE/~IAI, FA/~II,ITIE~q RIDER
(Effective 10/01/02)
(1)
All service shall be offered from available facilities. If a customer service characteristic
requires facilities and devices which are not normally and readily available at the location
which the customer requests service, then the City shall provide the service subject to
paragraph (2) of this rider.
(2)
The total cost of all facilities rebuffed to meet the customer's load characteristics which
are incurred by the City shall be subject to a special contract entered into between the
Utility and the customer. This contract shall be signed by both parties prior to the City
providing service to the customer.
54
DI~(~()IINT RIDER FOR
~TATE IINIVER~ITIE~ AND I~OI,I,EGE~
(Effective 10/01/02)
(1)
(2)
APPLICATION
Service provided herein is applicable to electric service billed under the otherwise
applicable tariffed rate for service supplied to a facility of a "four year state university
upper level institution, the University of North Texas, Texas Woman's University or
college" as provided in Section 2.2141, under Subtitle E, Title II, Public Utility
Regulatory Act of 1995.
CREDIT TO MONTHLY BILL OR MONTHLY RATE
Customer's monthly bill and/or monthly rate shall be in accordance with the applicable
rate schedule(s) in effect on July 1, 1997, shall be reduced by 20%.
"Base Rates" are defined as the sum of the following charges: the Facility Charge, the
Demand Charge, the Energy Charge and/or the adjustment for short/extended read
cycles of the applicable rate schedules. Base rates do not include recovery of fuel and
purchased energy costs, including, without limitation, energy cost adjustments (the ECA
rate or its successors).
All other charges and calculations in the rate schedule are unchanged.
The rates initially established on July 1, 1997 by this Discount Rider shall be the maximum
or ceiling rate charged to the University of North Texas ("UNT") and Texas Woman's
University ("TWU") during the term of the seven (7) year power supply agreement. If
during the term of the power supply agreement any applicable tariffed "Base Rates" are
reduced by more than 10%, the discounted rates for UNT and TWU will be reduced
such that the discounted "Base Rates" are always at least 10% below any tariffs that will
otherwise be applicable to the universities. At no time shall tariffed base rate decrease
cause the rate discount to the two (2) universities to decrease by more than 50% over the
term of the power supply agreement.
,qRCTION 9. That the Assistant City Manager for Utilities is hereby authorized to expend funds
to issue rebates to electric utility customers in the form and type set forth in Schedules EP and MTtL as
55
the use of more efficient air conditioning compressors, heat pumps, motors, and thermal storage is in the
best interest of the City of Denton, as such will reduce the peak-load and conserve energy, which are
public purposes of the City.
SECTION ~ That all ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained
in this ordinance are hereby repealed to the extent of any such conflict.
,qF, CTION 4 That if any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance,
and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining
portions despite any such invalidity.
,qFCTIC)NI ~ That this ordinance and the rates herein adopted shall become effective, charged,
and applied to all electric services rendered by Denton Municipal Electric, and all energy usage by
customers of Denton Municipal Electric on and after October 1, 2002; and a copy of said rates shall be
maintained on file in the Office of the City Secretary.
PASSED AND APPROVED this the
day of ., 2002.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
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Agenda 02-029 09/03/02 #17
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Utility Administration
Howard Martin, 349-8232
SUBJECT
Consider approval of the Electric, Water, Wastewater, Solid Waste, and Miscellaneous Rate
Ordinances for FY 2003.
BACKGROUND
Proposed FY 2003 utility budgets and CIPS were approved by the PUB on July 15th' , and have
been submitted to City Council for review by July 31st. The proposed rate ordinances included
in this agenda are designed to recover the cost of service for each utility and provide a positive or
breakeven net income.
During the budget review process, the PUB reviewed various Solid Waste proposed rate changes
that were necessary to support the proposed FY 2003 budget and CIP. Those proposed rate
changes are incorporated into this agenda for Board approval. Base rate increases for Water and
Wastewater were reviewed as options for FY 2003, but the final determination was to defer any
rate increase from FY 2003 to FY 2004 and beyond. No Electric rate changes were discussed
during the budget/CIP review.
SUMMARY
No base rate increases are proposed for the Electric, Water or Wastewater utilities. The various
Solid Waste rate changes discussed during the budget review are outlined in greater detail below.
A few Water, Wastewater and Miscellaneous rate changes are also proposed for FY 2003.
ELECTRIC RATE RECOMMENDATIONS
ECA Rate - In accordance with the ECA rate ordinance, the Board will review the ECA
rate on a quarterly basis during the last month of each quarter. A recommended ECA rate
to the Board at its September 16 meeting. The current approved ECA
will be presented th
rate through September 30, 2002 is $0.025/KWH.
The electric department is continuing to analyze the base electric rate tariffs to determine if
changes to the existing rate structure will be required in the current deregulated market.
WATER RATE RECOMMENDATIONS
Revise the Wholesale Raw Water Rate (WRW) applicable to Upper Trinity Regional
Water District (UTRWD). The FY 2003 City of Dallas wholesale untreated water rate is
projected to be $0.3927/1,000 gallons, a decrease of 6.4% from the existing rate of
$0.4194/1,000 gallons. Denton's raw water wholesale rate to UTRWD, which is set at
85% of Dallas's wholesale untreated water rate, will correspondingly decrease from the
existing price of $.3565/1,000 gallons to $.3338/1,000 gallons. This rate is determined by
the terms efthe raw water contract between Denton and UTRWD.
WASTEWATER RATE RECOMMENDATIONS
Establish a rate for a new compost product under the Compost & Wood Mulch rate
schedule (CWM). The new compost, called Dyne Lite, does not contain any wastewater
bieselids. It is in response to customer requests for a sludge-free product that can be used
on vegetable gardens and for potting soil. Due to the fact that it takes a significantly
longer period to process Dyne Lite into a finished product, the recommended rate for
Dyne Lite is higher than for Dyne Soil or Dyne Dirt.
Compost Product
Rate per Cubic Yard
Dyno Lite $ 30.00
Revise the rate charged for uncontaminated bagged or unbagged grass clippings, brush,
or leaves under the Grass/Brush/Leave rate schedule (GBL) for those customers who
choose to deliver to the landfill. Under the ordinance, professional landscapers, tree
trimmers, and yard maintenance personnel are required to bring these items to the landfill
for disposal. The current rate does not cover the cost of the grinding operation required
to reduce the material to a size necessary to produce compost and mulch.
Grass/Brush Leaves
Current Rate Proposed Rate
(per ton) (per ton)
Uncontaminated in less than twelve foot length
Uncontaminated in greater than twelve foot length
$10.00 $15.00
$15.00 $ 25.00
There will be a minimum charge of $5.00 per load.
SOLID WASTE RATE RECOMMENDATIONS
· Establish containerized rates. The recommended rates per thirty days are:
Number of Containers
300 Gallons (Nominal)
90 Gallons (Nominal)
60 Gallons (Nominal)
35 Gallons (Nominal)
1
$38.OO
$15.00
$13.00
$12.00
2
$78.00
$28.00
(commercial only)
(residential/commercial)
(residential/commercial)
(residential only)
Establish a monthly residemial solid waste base rate of $11.00 / 30 days for an
unoccupied residence which is vacam for greater than 60 days.
Establish the monthly Curbside Recycling Fee of $1.99 / 30 days. The Contractor's "pass
through" fee of $1.47, plus the Recycling Support Fee of $0.52 will be billed monthly.
The Recycling Support Fee funds administrative costs, contract management, and
container purchases.
Establish the Residential Solid Waste Services Discount Rate, which reduces monthly
Residential Solid Waste Service charges by $3.50 per thirty days. Residents who wish to
apply for the discount qualify by meeting established guidelines for financial need. The
discount would be effective for no longer than 12 months and would require
re- qualification annually.
Provide for a Commercial From Load and Side Load comainer rate increase of 3.9%. The
commercial From Load and Side Load recommended rates are as listed. These rates
include the collection and disposal of four bulky items per month and yard waste
collection services.
Front Load
Frequency/Week 1 ~ ~ ~ ~ ~
2 CY $46.91 $90.91 $138.26 $186.54 $235.73 $285.84
3 CY $47.95 $91.95 $139.30 $187.58 $236.77 $286.88
4 CY $58.69 $112.63 $170.49 $229.43 $289.63 $350.64
6 CY $76.10 $146.19 $221.42 $297.96 $375.88 $455.25
8 CY $92.18 $177.09 $268.13 $360.78 $455.16 $551.23
Side Load
Frequency/week 1 ~ ~ ~ ~ ~
2 CY $52.56 $101.76 $154.64 $208.51 $263.37 $319.22
3 CY $53.60 $102.80 $155.68 $209.55 $264.41 $320.26
4 CY $65.59 $125.87 $190.46 $256.21 $323.31 $391.28
Establish a hand-collected commercial service rate based on a minimum of the rate for a
three cubic yard comainer serviced one time per week.
Provide a Temporary Front Load container rate increase of 2%.
Temporary Service From Load Container
Rent Pickup
3 CY $29.95 $53.74
4 CY $32.87 $56.03
6 CY $41.34 $63.76
8 CY $54.06 $75.97
Establish minimum service of once per month for temporary containers.
Provide a Commercial Minimum Rate decrease from $22.50/30 days to $15.00/30 days.
This rate is charged to customers that generate one cubic yard or less of waste per week
and are serviced with metal containers.
Establish a minimum landfill charge of $5.00. The minimum landfill charge of $5.00 is
proposed to fund costs incurred by these customers.
Add clean brick and block to the Inert Materials (Recyclable) rate of $7.50 per ton. These
materials are not landfilled, and are temporarily stored for reuse by the City or a City of
Denton Solid Waste customer.
Provide for the disposal of eight bulky items per month per solid waste customer
delivered to the landfill by the customer at no charge.
Increase the unsecured load (materials not tarped or tied down) rate to $15.00 per load.
The yard waste rates stated in the Wastewater rate ordinance above will also be listed in
the Landfill rate ordinance. A minimum charge of $5.00 per load is recommended.
MISCELLANEOUS RATE RECOMMENDATIONS
The following changes are recommended for the FY 2003 miscellaneous service fees:
· Add an after business hours connection charge of $20.00 per utility connected after
regular business hours.
· Add an after business hours delinquent service charge of $50.00 for service reconnection
after regular business hours.
Establish an Unauthorized Usage Penalty of $25.00. Applicable to any customer who
fails to request connection of services with 24 hours of occupancy in new service location
if service is still in previous occupants name.
Establish a minimum Meter Tampering and/or Damage charge of $175.00. Applicable to
any person who tampers with, damages, or illegally connects to a city electric, water, or
wastewater meter.
Establish a Meter Inaccessibility Charge of $35.00. Applicable to any customer who
prevents the regular and routine reading, maintenance, repair or removal of any city
meter due to inaccessibility of the meter.
· Set the interest rate earned on customer deposits to 2.25%, the rate will be fled to the
Denton Area Teachers Credit Union Certificate of Deposit one-year rate.
Add a late payment charge of $10.00 to be assessed on the ~h business day following the
due date. The charge will help cover administrative costs of initiating collection on past
due accounts.
Add a requirement for a commercial customer service deposit of an amount equal to 1/6
of the last 12 months billing if service has been disconnected for nonpayment.
Add an interest charge of 1% / month to be assessed on account balances unpaid at the
time of the current month's billing calculatior[ However, the actual interest rate charged
will not exceed the legal rate of interest.
FISCAL SUMMARY
The rates and charges included in the utility rate ordinances provide the revenues necessary to
cover the cost of service to customers.
EXHIBITS
ii.
iii.
IV.
V.
FY 2003 Electric Rate Ordinance
FY 2003 Water Rate Ordinance
FY 2003 Wastewater Rate Ordinance
FY 2003 Solid Waste Rate Ordinance
FY 2003 Miscellaneous Rate Ordinance
Respectfully submitted:
Howard Martin, ACM Utilities
ORDINANCE NO. 2002-
AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN
ORDINANCE NO. 2001-334 FOR WATER SERVICE AND WATER RATES; AMEND1NG
THE WHOLESALE RAW WATER SERVICE RATE TO UPPER TRINITY REGIONAL WATER
DISTRICT (SCHEDULE WRW); DELETING THE MISCELLANEOUS FEES SCHEDULE;
PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABiLiTY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~qF, CTION 1 That the Rate Schedules for water service as provided for in Chapter 26 of the
Code of Ordinances, are amended to read as follows:
WATER RATE SCHEDULES
PAGF,
WR Residential Water Service 2
WC Commercial/Industrial Water Service Rate 6
WFH Metered Water From Fire Hydrant 10
WW2 Wholesale Treated Water Service to Upper Trinity Regional Water District 11
WRW Wholesale Raw Water Service to Upper Trinity Regional Water District 13
Water Tap and Meter Fees
Fire Hydrant Installation
14
16
Special Facilities Rider
17
EXHIBIT II
SCHEDULE WR
RF,,qlDFNTIAI, WATFR ,qFRVICF,
(Effective 10/01/02)
A PPl ,lC, A TION
Applicable for single family residential service, and individually metered apartments, mobile homes, or
multi-family facilities with less than four units, with or without wastewater service. (WR)
Applicable for single family residential service, and individually metered apartments, mobile homes, or
multi-family facilities with less than four units outside the corporate limits of the City of Denton, with or
without wastewater service. (WRO)
The rate is also applicable where the metered water is not returned to the wastewater system for
collection and treatment, i.e. lawn spfinlder or septic system. (WRN)
Not applicable to resale, temporary, standby, or supplementary service except in conjunction with
applicable rider.
MONTHI ,Y R ATF, ,(WR) - RF,,qlDF, NTIAI, WATFR ,qFRVICF,;
AND MONTHI,Y R ATF, (WRNI/- N4F, TFRFD WATFR NOT RF, TIJRNF, D TO WA,qTF, WATFR
,qY,qTF, M FOR COl ,1 ,F, CTION AND TRF, ATMF, NT
(1) Facility Charge Billing Per :lO Day~
3/4" Meter $ 9.55
1" Meter $11.40
1-1/2" Meter $16.25
2" Meter $18.10
(2) Volume Charge
Rate Per 1,000 Gallnn~
R ATF, BI,OC, K PF, R 3(} DAY~q XU1NITF, R
,ql ]IVIMFR
Billing months of
NOV lhrcmoh APRll,
Billing months of
MAY thmnoh OCT
0-15,000 gals $2.60 $2.60
15,001-30,000 gals $2.60 $3.50
Over 30,000 gals $2.60 $4.35
MONTHI ,Y R ATF,,q (VYRO/- WATFR ~qFRVICF, Ol IT,qlDF, CORPOR ATF, I ,IMIT,q
2
MC)NTH! ~Y R ATF,
(1)
Facility Charge
lalilling Per zlO Day~
3/4" Meter $11.00
1" Meter $13.10
1-1/2" Meter $18.65
2" Meter $20.80
(2) Volume Charge
Rate Per 1 >000 Gallnn~
R ATF, lalI ,OCK PFR 30 DAY~q W1NTFR
~I }IVIMFR
Billing months Billing months
NOV lhrcmoh APRII~ MAY lhrcmoh OCT
0-15,000 gals $3.00 $3.00
15,001-30,000 gals $3.00 $4.05
Over 30,000 gals $3.00 $5.00
M1NIMI IM lall1,1 ,lNG
Facility Charge.
P A YMFNT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date
of issuance.
~qPF, CIAI, FACII ,ITIF,~q
All services which require special facilities in order to meet Customer's service requirements shall be
provided subject to the Special Facilities Rider.
PRC)R ATION OF FACII JTY CHARGF,
Billing for the Facility Charge shall be based on twelve (12) billings annually and prorated for longer or
shorter billing periods using the following formula:
Formula:
Achml dav~ in hillino nerind
~ ~ * X customer charge
30 days
VOl ,I JMF, CHAR GF,
3
Billing for the water consumption shall be based on the gallon consumption during the billing period.
Formula:
Gallon~ in rate hlock
× rate per 1,000 gal. in rate block
1000 gallons
PR OR ATION OF VOl ,1 IMF, lql DC, K~q
Billing for the summer period volume charges shall be based on water consumption in each rate block and
prorated using the following formula.
Formula:
Ach]al dav~ in hillino nerind
. ~ · x Volume in the rate block
30 days
RF, TAII, WATFR RATF,~q IINDFR DROIIGHT C, ONTINIGF, NC, Y Pt,AN CI3N]DITION~q -
ORDINANCE 9.000-006
Under Stage 3 drought conditions, the following residential water rates shall apply for retail customers.
Residential customers shall be charged a 20% surcharge penalty for water usage greater than 30,000
gallons per account per thirty (30) days.
STAGE 3 WR RATE BLOCKS PER THIRTY (30) DAYS
1 TNDF, R DROI IGHT C, ONTINIGF, NC, Y Pl ,AN
Vv~NTFR
Billing months of
NOV thrn]]oh APRIl,
~ql ~VI1VIFR
Billing months of
MAY thm]]oh OCT
0-15,000 gals $2.60
15,001-30,000 gals $2.60
Over 30,000 gals $2.60
$2.60
$3.50
$5.22
STAGE 3 WRO RATE BLOCKS PER THIRTY (30) DAYS
1 TNDF, R DROI IGHT C, ONTINIGF, NC, Y Pl ,AN
WINTFR
4
~ql ~VI1VIFR
Billing months of
NIIDV thrnnoh APRIl,
Billing months of
MAY thmnoh OCT
0-15,000 gals $3.00 $3.00
15,001-30,000 gals $3.00 $4.05
Over 30,000 gals $3.00 $6.00
Under Stage 4 drought conditions, the 611owing residential water rates shall apply for retail customers.
Residemial customers shall be charged a 20% surcharge penalty for water usage greater than 15,000
gallons per account per thirty (30) days.
STAGE 4 WR RATE BLOCKS PER THIRTY (30) DAYS
1 }NIDF, R DRIDI IGHT C, IDNTINIGF, NCY Pl ,AN
Vv~NITF, R
Billing months of
NIIDV thrnnoh APRIl,
~1 }IVIMFR
Billing months of
MAY lhrcmoh OCT
0-15,000 gals $2.60
15,001-30,000 gals $2.60
Over 30,000 gals $2.60
$2.60
$4.2O
$5.22
STAGE 4 WRO RATE BLOCKS PER THIRTY (30) DAYS
1 }NIDF, R DRIDI IGHT C, IDNTINIGF, NC, Y Pl ,AN
XV1NITF, R
Billing months of
NOV thrnnoh APRIl,
0-15,000 gals $3.00
15,001-30,000 gals $3.00
Over 30,000 gals $3.00
~1 }IVIMFR
Billing months of
MAY thmnoh OCT
$3.00
$4.86
$6.00
SCHEDULE WC
CIDM1VIF, R CIAI ,/INT)I I~qTRIAI, WATFR ~qF, RVICF, R ATF,
(Effective 10/01/02)
A PP! ,lC A TION
Applicable to all commercial and industrial users, or other water users not otherwise classified under this
ordinance, for all water provided at one point of delivery and measured through one meter. (WC)
Applicable for all commercial and industrial users or other users not otherwise classified under this
ordinance outside of the corporate limits of the City of Denton for all water service provided at one point
of delivery and measured through one meter, with or without wastewater service. (WCO)
Also applicable where the metered water is not returned to the wastewater system for collection and
treatment, i.e. water used in production or irrigation or where the wastewater flow is measured
separately. (WCN)
Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except
in conjunction with applicable rider.
MONTHI ,Y R ATP, (Wfq/and (WfqNl/
(1) Facility Charge Billing Per q0 Day~
3/4" Meter $20.20
1" Meter $22.20
1-1/2" Meter $25.75
2" Meter $31.65
3" Meter $66.25
4" Meter $122.50
6" Meter $153.00
8" Meter $178.00
10" Meter $214.00
(2) Volume Charge
$2.87 per 1,000 gallons
MONITHI ,Y R ATP, (WCO/- Ol IT,qlDP, CORPOR ATP, I ,IMITq
(1) Facility Charge Billing Per q0 Day~
3/4" Meter $21.50
1" Meter $23.50
1-1/2" Meter $29.60
2" Meter $34.50
3" Meter $75.00
4" Meter $141.00
6" Meter $176.00
8" Meter $205.00
10" Meter $247.00
(2) Volume Charge
$3.25 per 1,000 gallons
MINIM[ IM lall1,1 ,lNG
Facility Charge.
P A YMFNT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date
of issuance.
~qPF, CIAI, FACII ,ITIF,~q
All services which require special facilities in order to meet Customer's service requirements shall be
provided subject to the Special Facilities Rider.
PRORATION C)F FACII JTY CI-IAR GF,
Billing for the Facility Charge shall be based on twelve (12) billings annually and prorated for bnger or
shorter billing periods using the following formula:
Formula:
Ach]al dav~ in readino nerind
30 days
x Customer Charge
vc)I ,I JMF, CHARGF,
Billing for the water consumption shall be based on the consumption during the billing period.
Formula:
Gnllnn~ cnn~]]mntinn
1,000
x Rate per 1,000 gallons
COMMFRCIAI, / 1NDILqTRIAI, WATFR RATF,~q (WC / WCN1 IJNDFR
CONTINGFNCY PI,AN CONDITION~q - OR DINANCF, 9.000-006
DR C)I IGHT
Under Stage 3 drought conditions, the following commercial / industrial water rates shall apply for retail
customers. Commercial / Industrial customers shall be charged a 20% surcharge penalty for water usage
above 80% of prior billing volumes per account per thirty (30) days.
STAGE 3 WC / WCN RATE BLOCKS PER THIRTY (30) DAYS
I JNDF, R DRC)I IGHT CC)NT1NGF, NCY Pl ,AN
Volume Rate for under 80% volumes
$2.87 / 1,000 Gallons
Volume Rate for volume over 80%
of Prior Billing Volumes
$3.44 / 1,000 Gallons
Under Stage 4 drought conditions, the following commercial / industrial water rates shall apply for retail
customers. Commercial / Industrial customers shall be charged a 20% surcharge penalty for water usage
above 70% of prior billing volumes per account per thirty (30) days.
STAGE 4 WC / WCN RATE BLOCKS PER THIRTY (30) DAYS
I JNDF, R DRC)I IGHT CC)NIT1NGF, NICY Pl ,AN
Volume Rate for under 70% volumes
$2.87 / 1,000 Gallons
Volume Rate for volume over 70%
of Prior Billing Volumes
$3.44 / 1,000 Gallons
CO MMF, RCIAI, / 1NDI I~qTRIAI, WATF, R R ATF,~q (WCCB I ]NT)F,R DRC)I IGHT CC)NT1NGF, NCY
PI,AN CONDITION~q - C)RDINANCF, 9.000-006
Under Stage 3 drought conditions, the following commercial / industrial water rates shall apply for retail
customers. Commercial / Industrial customers shall be charged a 20% surcharge penalty for water usage
above 80% of prior billing volumes per account per thirty (30) days.
STAGE 3 WCO RATE BLOCKS PER THIRTY (30) DAYS
I JNDF, R DRC)I IGHT CC)NT1NGF, NCY Pl ,AN
Volume Rate for under 80% volumes
$3.25 / 1,000 Gallons
Volume Rate for volume over 80%
of Prior Billing Volumes
$3.90 / 1,000 Gallons
Under Stage 4 drought conditions, the following commercial / industrial water rates shall apply for retail
customers. Commercial / Industrial customers shall be charged a 20% surcharge penalty for water usage
above 70% of prior billing volumes per account per thirty (30) days.
STAGE 4 WCO RATE BLOCKS PER THIRTY (30) DAYS
I JNDF, R DRC)I IGHT CC)NT1NGF, NCY Pl ,AN
Volume Rate for under 70% volumes
$3.25 / 1,000 Gallons
Volume Rate for volume over 70%
of Prior Billing Volumes
$3.90 / 1,000 Gallons
SCHEDULE WFH
MF, TF, RFD WATFR FRIDM FIRF, IqYDR ANT
(Effective 10/01/02)
A PPI ,lC A TION
Applicable for all water taken through a fire hydrant or other direct distribution line source at one location
for private or commercial use not associated with fire fighting. Customers must complete, sign, and agree
to all terms and conditions stated in the "Fire Hydrant Meter Use Agreement."
DF, PO~qlT
$800.00 per meter
User shall place a deposit each time a City's hydrant meter(s) is requested. Deposit will be returned
when meter is returned and final bill is paid.
NF, T R ATP',
Volume Charge
$2.87 per 1,000 gallons
Monthly volume shall be computed by subtracting the beginning meter reading from the ending meter
reading divided by 1,000, and multiplied times the volume charge, upon the monthly return of the meter to
the Water Department for reading. Per the "Fire Hydrant Meter Use Agreement", failure by the
customer to return the meter to water utilities by the jd day of each month for reading, results in
acceptance by the customer to pay a monthly billing equal to 100,000 gallons of water usage for the
month.
Facility Charge
$32.50 per 30 days
P A YMF, NT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date
of issuance.
l0
SCHEDULE WW2
WHOLESALE TREATED WATER SERVICE
I]PPF, R TRINITY RF, GW)NAI, WATF, R DISTRICT
(Effective 10/01/02)
A PPl ,lC A TION
Applicable to all wholesale treated water sales to the Upper Trinity Regional Water District (UTRWD).
Not applicable for temporary, standby, or supplementary service.
MC)NTHI ,Y CHAR
The monthly charge for service shall be expressed as a facility charge, a volume price per 1,000 gallons
and a demand price per million gallons per day (MGD) of demand.
(WW2) (1) Facility Charge
$176.00 per month
(2) Water Volume Rate
$0.25 per 1,000 gallons
(VFD2) (3) Subscribed Demand Rate $~48,900 00 per MGD
(Annnal~
12 (Paid Monthly)
*Full Payment of Annual Water Demand Adjustments:
As determined in the last month of each fiscal year (September), if any outstanding or unpaid
annual water demand adjustment charges exist, they shall be included in their entirety on the
monthly billing for the following month of October. Water demand adjustment charges shall be
billed and payable in full, in accordance with the bill payment delinquency provisions provided for
below.
M1NIMI IM Fill ,1 ,lNG
The minimum monthly billing shall be the sum of the monthly facility charge plus the monthly subscribed
demand rate charge.
WATF, R DF, MAND
The demand will be billed on a monthly basis at the Water Demand Rate for the subscribed MGD water
demand level. Annual water demand charges will be retroactively adjusted up beginning in June for each
water year, if anytime during the fiscal year the actual peak demand required, as established by the highest
rate of flow controller setting for any one day during the fiscal year, is greater than the peak demand
subscribed during the fiscal year. If the actual peak demand has an increased daily volume between .05
and .10 MGD from the subscribed demand (50,000 - 100,000 gallons per day), the annual water
demand charge will be adjusted up and billed at the actual peak demand level.
1~1! J~ PAY~IFNT DFJ ]NQI ~FN~Y
Bills shall be due and payable when rendered. Bills are considered delinquem if not paid within twenty
(20) calendar days of the date a bill for service is rendered. There shall be a ten (10%) percent per
annum interest charge on the amount due, from the date when due until paid, if not paid within twenty (20)
calendar days of the date a bill for service is rendered.
12
SCHEDULE WRW
WHOLESALE RAW WATER SERVICE TO
IPPF, R TRINITY RF, GIIDNAI, WATF, R DLqTRICT
(Effective 10/01/02)
A PPI ,lC A TION
Applicable to all raw water sales to the Upper Trinity Regional Water District (UTRWD) per the Imerim
Sale of Wholesale Raw Water Contract.
MONTHI ,Y CHAR GF,~q
The monthly charge for service shall be expressed as a volume price per 1,000 gallons.
Volume Charge: $0.3338 per 1,000 gallons
P A YMFNT
Denton shall render bills by the tenth (10th) day Of each month.
twenty (20) calendar days of the date a bill is rendered.
Bills shall be due and payable within
FIII ,I, PAYMFNT DF, 1,1NQI JFNCY
Bills shall be due and payable when rendered. Bills are considered delinquem if not paid within 20
calendar days of the date a bill for service is rendered. There shall be a ten (10%) percem per annum
interest charge on the amount due, from the date when due until paid, if not paid within twenty (20)
calendar days of the date a bill for service is rendered.
13
WATFR TAP AND MF, TFR FF, F,g
(Effective 10/01/02)
A PPI ,lC A TION
This schedule applies to the installation, removal, or relocation of water taps and meters by the City of
Denton Utility Department at the request of a person, firm, association or corporation.
TAP AND MF, TFR FFF, g
Any person, association of persons, or corporation that requests that a water main tap, water meter or
water meter loop, be removed, installed, or relocated by the Utility Department shall pay in advance to
the Utility Department the following applicable fees:
WATF, R TAP,q WITH 1VIF, TF, R
of'Tan and Mater Paved ,qtraat 1 lnnavad ,qtraat
3/4 inch $1,300.00 $550.00
1 inch $1,500.00 $675.00
1 1Ainch $1,900.00 $1,000.00
2 inch $2,100.00 $1,300.00
WATF, R MF, TFR FFF, g
,qiTa of' Mater
3/4 inch$280.00
1 inch$345.00
1 1Ainch $450.00
2 inch$580.00
WATF, R MF, TF, R RF, I,OCATIONg
,qiTa of Mater Ralnc, atinn of' 10 Feat or 1 ,a~
3/4 inch$260.00
1 inch$260.00
1 1Ainch $310.00
2 inch$360.00
WATFR I JNF, TAPg
14
~qiTe nF Tnn Pnved ~tr~t 1 Jnnnved
4 inch $2,500.00 $1,500.00
6 inch $2,700.00 $1,750.00
8 inch $3,600.00 $2,600.00
12 inch $4,500.00 $3,450.00
FF, F,~q FOR 1N~qTAI ,I ,ATION~q NOT I ,LqTFD
For the installation of a tap, loop or meter for which a fee is not specified, the requestor shall pay in
advance a 50% deposit based upon the estimated cost of such installation, or similar work, plus an
administrative charge of 20%. Upon completion of the hstallation, the applicant shall be billed at actual
cost, as determined by the Utility Department, plus a 20% administrative charge.
The installation charges may be waived by the Utility Department for a request to install taps exclusively
dedicated to fire sprinkler systems.
FIRE HVDR ANT IN~TAI,I,ATIf}N
(Effective 10/01/02)
1S
A PP! ,lC A TION
This schedule applies to the installation, removal, or relocation of fire hydrants by the City of Denton
Utility Department at the request of a person, firm, association or corporation.
FIRF, HYDR ANT INkqTAI J ,ATION FFF,~q
Any person, association of persons, or corporation that requests that a fire hydrant be removed,
installed, or relocated by the Utility Department shall pay in advance to the Utility Department the
following applicable fees:
Fire Hydrant Installation Paved ,qtreet 1 lnnaved ,qtreet
Installation Fee
$4,650.00 $2,850.00
FF, F,~q FOR INkqTAI ,I ,ATION~q NOT I ,I~qTF, D
For the installation of a fire hydrant for which a fee is not specified, the requestor shall pay in advance a
50% deposit based upon the estimated cost of such installation, or similar work, plus an administrative
charge of 20%. Upon completion of the installation, the applicant shall be billed at actual cost, as
determined by the Utility Department, plus a 20% administrative fee.
,qPE(qlAl~ FA(qlI~ITIE,q RIDER
(Effective 10/01/02)
All service shall be offered from available facilities. If a customer service request for a special or unusual
service not otherwise provided for by the water rate ordinance, and/or requires facilities or devices which
are not normally and readily available at the location at which the customer requests the service, then the
City shall provide the service subject to the requirements of paragraph 2 of this Rider.
The total cost of all facilities required to meet the customer's special requirements which are incurred by
the City in connection with rendering the service shall be subject to a special contract entered into
between the Water Utility Department and the customer. This contract shall be signed by both parties
prior to the City providing the requested service to the customer.
17
SECTION 9. That all ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistem or in conflict with the terms of provisions contained in
the amended schedule of rates hereby enacted by this ordinance, are hereby repealed to the extem of any
such conflict.
~qRCTION q That if any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance,
and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining
portions despite any such invalidity.
~qF, CTION 4 That the Schedule of Rates herein adopted shall be effective, charged and
applied to all water consumption occurring on or after October 1, 2002; and a copy of said rates, fees,
and charges shall be maintained on file in the Office of the City Secretary.
PASSED AND APPROVED this the
day of 2002.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
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Agenda 02-029 09/03/02 #18
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Utility Administration
Howard Martin, 349-8232
SUBJECT
Consider approval of the Electric, Water, Wastewater, Solid Waste, and Miscellaneous Rate
Ordinances for FY 2003.
BACKGROUND
Proposed FY 2003 utility budgets and CIPS were approved by the PUB on July 15th' , and have
been submitted to City Council for review by July 31st. The proposed rate ordinances included
in this agenda are designed to recover the cost of service for each utility and provide a positive or
breakeven net income.
During the budget review process, the PUB reviewed various Solid Waste proposed rate changes
that were necessary to support the proposed FY 2003 budget and CIP. Those proposed rate
changes are incorporated into this agenda for Board approval. Base rate increases for Water and
Wastewater were reviewed as options for FY 2003, but the final determination was to defer any
rate increase from FY 2003 to FY 2004 and beyond. No Electric rate changes were discussed
during the budget/CIP review.
SUMMARY
No base rate increases are proposed for the Electric, Water or Wastewater utilities. The various
Solid Waste rate changes discussed during the budget review are outlined in greater detail below.
A few Water, Wastewater and Miscellaneous rate changes are also proposed for FY 2003.
ELECTRIC RATE RECOMMENDATIONS
ECA Rate - In accordance with the ECA rate ordinance, the Board will review the ECA
rate on a quarterly basis during the last month of each quarter. A recommended ECA rate
to the Board at its September 16 meeting. The current approved ECA
will be presented th
rate through September 30, 2002 is $0.025/KWH.
The electric department is continuing to analyze the base electric rate tariffs to determine if
changes to the existing rate structure will be required in the current deregulated market.
WATER RATE RECOMMENDATIONS
Revise the Wholesale Raw Water Rate (WRW) applicable to Upper Trinity Regional
Water District (UTRWD). The FY 2003 City of Dallas wholesale untreated water rate is
projected to be $0.3927/1,000 gallons, a decrease of 6.4% from the existing rate of
$0.4194/1,000 gallons. Denton's raw water wholesale rate to UTRWD, which is set at
85% of Dallas's wholesale untreated water rate, will correspondingly decrease from the
existing price of $.3565/1,000 gallons to $.3338/1,000 gallons. This rate is determined by
the terms efthe raw water contract between Denton and UTRWD.
WASTEWATER RATE RECOMMENDATIONS
Establish a rate for a new compost product under the Compost & Wood Mulch rate
schedule (CWM). The new compost, called Dyne Lite, does not contain any wastewater
bieselids. It is in response to customer requests for a sludge-free product that can be used
on vegetable gardens and for potting soil. Due to the fact that it takes a significantly
longer period to process Dyne Lite into a finished product, the recommended rate for
Dyne Lite is higher than for Dyne Soil or Dyne Dirt.
Compost Product
Rate per Cubic Yard
Dyno Lite $ 30.00
Revise the rate charged for uncontaminated bagged or unbagged grass clippings, brush,
or leaves under the Grass/Brush/Leave rate schedule (GBL) for those customers who
choose to deliver to the landfill. Under the ordinance, professional landscapers, tree
trimmers, and yard maintenance personnel are required to bring these items to the landfill
for disposal. The current rate does not cover the cost of the grinding operation required
to reduce the material to a size necessary to produce compost and mulch.
Grass/Brush Leaves
Current Rate Proposed Rate
(per ton) (per ton)
Uncontaminated in less than twelve foot length
Uncontaminated in greater than twelve foot length
$10.00 $15.00
$15.00 $ 25.00
There will be a minimum charge of $5.00 per load.
SOLID WASTE RATE RECOMMENDATIONS
· Establish containerized rates. The recommended rates per thirty days are:
Number of Containers
300 Gallons (Nominal)
90 Gallons (Nominal)
60 Gallons (Nominal)
35 Gallons (Nominal)
1
$38.OO
$15.00
$13.00
$12.00
2
$78.00
$28.00
(commercial only)
(residential/commercial)
(residential/commercial)
(residential only)
Establish a monthly residemial solid waste base rate of $11.00 / 30 days for an
unoccupied residence which is vacam for greater than 60 days.
Establish the monthly Curbside Recycling Fee of $1.99 / 30 days. The Contractor's "pass
through" fee of $1.47, plus the Recycling Support Fee of $0.52 will be billed monthly.
The Recycling Support Fee funds administrative costs, contract management, and
container purchases.
Establish the Residential Solid Waste Services Discount Rate, which reduces monthly
Residential Solid Waste Service charges by $3.50 per thirty days. Residents who wish to
apply for the discount qualify by meeting established guidelines for financial need. The
discount would be effective for no longer than 12 months and would require
re- qualification annually.
Provide for a Commercial From Load and Side Load comainer rate increase of 3.9%. The
commercial From Load and Side Load recommended rates are as listed. These rates
include the collection and disposal of four bulky items per month and yard waste
collection services.
Front Load
Frequency/Week 1 ~ ~ ~ ~ ~
2 CY $46.91 $90.91 $138.26 $186.54 $235.73 $285.84
3 CY $47.95 $91.95 $139.30 $187.58 $236.77 $286.88
4 CY $58.69 $112.63 $170.49 $229.43 $289.63 $350.64
6 CY $76.10 $146.19 $221.42 $297.96 $375.88 $455.25
8 CY $92.18 $177.09 $268.13 $360.78 $455.16 $551.23
Side Load
Frequency/week 1 ~ ~ ~ ~ ~
2 CY $52.56 $101.76 $154.64 $208.51 $263.37 $319.22
3 CY $53.60 $102.80 $155.68 $209.55 $264.41 $320.26
4 CY $65.59 $125.87 $190.46 $256.21 $323.31 $391.28
Establish a hand-collected commercial service rate based on a minimum of the rate for a
three cubic yard comainer serviced one time per week.
Provide a Temporary Front Load container rate increase of 2%.
Temporary Service From Load Container
Rent Pickup
3 CY $29.95 $53.74
4 CY $32.87 $56.03
6 CY $41.34 $63.76
8 CY $54.06 $75.97
Establish minimum service of once per month for temporary containers.
Provide a Commercial Minimum Rate decrease from $22.50/30 days to $15.00/30 days.
This rate is charged to customers that generate one cubic yard or less of waste per week
and are serviced with metal containers.
Establish a minimum landfill charge of $5.00. The minimum landfill charge of $5.00 is
proposed to fund costs incurred by these customers.
Add clean brick and block to the Inert Materials (Recyclable) rate of $7.50 per ton. These
materials are not landfilled, and are temporarily stored for reuse by the City or a City of
Denton Solid Waste customer.
Provide for the disposal of eight bulky items per month per solid waste customer
delivered to the landfill by the customer at no charge.
Increase the unsecured load (materials not tarped or tied down) rate to $15.00 per load.
The yard waste rates stated in the Wastewater rate ordinance above will also be listed in
the Landfill rate ordinance. A minimum charge of $5.00 per load is recommended.
MISCELLANEOUS RATE RECOMMENDATIONS
The following changes are recommended for the FY 2003 miscellaneous service fees:
· Add an after business hours connection charge of $20.00 per utility connected after
regular business hours.
· Add an after business hours delinquent service charge of $50.00 for service reconnection
after regular business hours.
Establish an Unauthorized Usage Penalty of $25.00. Applicable to any customer who
fails to request connection of services with 24 hours of occupancy in new service location
if service is still in previous occupants name.
Establish a minimum Meter Tampering and/or Damage charge of $175.00. Applicable to
any person who tampers with, damages, or illegally connects to a city electric, water, or
wastewater meter.
Establish a Meter Inaccessibility Charge of $35.00. Applicable to any customer who
prevents the regular and routine reading, maintenance, repair or removal of any city
meter due to inaccessibility of the meter.
· Set the interest rate earned on customer deposits to 2.25%, the rate will be fled to the
Denton Area Teachers Credit Union Certificate of Deposit one-year rate.
Add a late payment charge of $10.00 to be assessed on the ~h business day following the
due date. The charge will help cover administrative costs of initiating collection on past
due accounts.
Add a requirement for a commercial customer service deposit of an amount equal to 1/6
of the last 12 months billing if service has been disconnected for nonpayment.
Add an interest charge of 1% / month to be assessed on account balances unpaid at the
time of the current month's billing calculatior[ However, the actual interest rate charged
will not exceed the legal rate of interest.
FISCAL SUMMARY
The rates and charges included in the utility rate ordinances provide the revenues necessary to
cover the cost of service to customers.
EXHIBITS
ii.
iii.
IV.
V.
FY 2003 Electric Rate Ordinance
FY 2003 Water Rate Ordinance
FY 2003 Wastewater Rate Ordinance
FY 2003 Solid Waste Rate Ordinance
FY 2003 Miscellaneous Rate Ordinance
Respectfully submitted:
Howard Martin, ACM Utilities
ORDINANCE NO. 2002-
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED
IN ORDINANCE NO. 2001-335 FOR WASTEWATER SERVICE; AMENDING THE
COMPOST AND WOOD MULCH SCHEDULE TO ADD A NEW COMPOST PRODUCT
(SCHEDULE CWM); AMENDING THE CHARGES FOR UNCONTAMINATED
GRASS/BRUSH/LEAVES AND ADDING A MINIMUM CHARGE (SCHEDULE GBL);
ADDING THE PROVISIONS OF THE SCHEDULE RESPECTING THE STORM DRAINAGE
FEE (SCHEDULE SD) CONTAINED IN ORDINANCE NO. 2002-019; PROVIDING FOR A
REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~qF. CTIONI 1 That the Rate Schedules for wastewater service as provided for in Chapter 26 of the
Code of Ordinances, are amended to read as follows:
WASTEWATER RATE SCHEDULES
SR Residential Wastewater Service 3
SMH Mobile Home Park Wastewater Service 6
SC Commercial and Industrial Wastewater Service 9
SCD Commercial/Industrial Wastewater Service Which Measures With 13
Dedicated Water Meters (Sub-meters); Water For Wastewater Billing
SCS Commercial/Industrial Wastewater Service Which Measures With 15
Dedicated Water Meters (Sub-meters); Water Excluded From Wastewater Billing
SEE Equipment Services Facilities and Restaurants & Food
Service Establishments Wastewater Service
SM Metered Wastewater Inside and Outside Corporate Limits
SGE Sale of Treated Wastewater Effluent
SSC Wholesale Wastewater Treatment Service for a
Governmental Agency, Division or Subdivision
CWM Compost and Wood Mulch
GLB Grass, Leaves, and Brush
17
20
22
24
26
28
Page 1
EXHIBIT III
SD
Wastewater Tap Fees
Storm Drainage Fees
Special Facilities Rider
29
30
32
Page 2
SCHEDULE SR
I~F,,qlF)F, NITIAI ~ WA,qTF, WATF, I~ ,qF, I~VICF,
(Effective 10/1/02)
A PPl ,lC A TlC)lq
Applicable for single-family residential service, and individually metered apartments or mobile homes or
multi-family facilities with less than four (4) units. Also applicable for wastewater service without City of
Denton water service.
Not applicable for sub-billing or other utility billing by service user in any event.
MC)NITI-II ,Y R ATF.~q (~ql:l/- WlTI-I CITY C)F DFNITC)NI WATF. R ,qF.RVICF.
(1) Facility Charge $6.20 / 30 days
(2) Volume Charge $2.37 / 1,000 gallons effluent
MONITHI,Y R ATF,~q (~qRO~ -
WA TF, I~ ~qF,l~ VICF,
OIIT,qlDF, CORPORATF, I,IMIT~q WITH CITY OF DF, NITONI
(1) Facility Charge $7.15 / 30 days
(2) Volume Charge $2.73 / 1,000 gallons effluent
Except as otherwise stated in this schedule, wastewater volume is calculated based upon a current
winter Average Daily Usage, established annually during the previous billing months of December
through February, and based upon 98% of actual water consumption during those months. The average
daily usage may be calculated using as few as two months. The Average Daily Usage thus calculated
establishes the wastewater volume charge for each subsequent month, through the following February.
For customers without an established winter Average Daily Usage water consumption billing history
derived from the preceding billing months of December through February, wastewater volume for each
billing month through the following February shall be calculated at 98% of 6,500 gallons.
MINIIMI IM PlII ,I ,lNG - WITH CITY C)F DFNITC)NI WATF, R ~qF.RVICF.
Facility Charge.
VC)I ,Ilk/IF. CI-IAR~F, - WITI-I CITY OF DFNITC)NI WATF, R ~qF.RVICF.
With a current Average Daily Usage, billings through the following February shall be based on the
average daily usage calculated using the following formula.
Cnrrenl Average Daily ll~age x 08% × Rate per 1,000 gallons
1000
Page 3
For customers without an established current Average Daily Usage, billings shall be based on 98% of
6,500 gallons.
6,500 Gallon~ x q8% × Rate per 1,000 gallons
1000
P A YMF, NT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
,qPF, CIAI, FACII ,ITIF,,q
All services which require special facilities in order to meet customer's service requirements shall be
provided subject to the Special Facilities Rider.
PRORATION OF FACII ,ITY CI-IARGF,
Billing for the Facility Charge shall be based on twelve (12) billings annually and shall be prorated based
on the following formula:
Actual day~ in reading period × Customer Charge
30 days
MONITHI ,Y R ATF,~q /~qRNII/~qRNIOI - WITHOI Fl' CITY OF DF, NTC)N WATF, R ~qF, RVICF,
(1) Facility Charge
SRNI SRNO
Inside Corporate Outside Corporate
I imitq I imitq
$6.20 / 30 days $7.15 / 30 days
(2) Volume Charge $2.37 / 1,000 gals $2.73 / 1,000 gals
The customer shall pay a minimum volume charge on the established billable volume of five thousand
(5,000) gallons per month.
MINIMI IM Fill J ,lNG - WITIqC)I IT CITY OF DFNTC)N WATFR ,qF, RVICF,
The facility charge plus five thousand (5,000) gallons ofwastewater.
VOl ,l IN/IF. CI-IARC, F, - WITIqOI IT CITY OF DFNITONI WATF, R ,qF.RVICF.
The billing for the wastewater volume shall be based on the minimum wastewater volume (5,000
Page 4
gallons) during the billing period.
Minimllrn Wn ~tewnter Vc~lllrne
1000
x Rate per 1,000 gallons
P A Y1VIF,NIT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
,qPF, CIAI, FACII JTIF,~q
All services which require special facilities in order to meet customer's service requirements shall be
provided subject to the Special Facilities Rider.
PROR ATIONI OF FACII JTY CI-IAR GF,
Billing for the Facility Charge shall be based on twelve (12) billings annually and shall be prorated based
on the following formula:
Ac, nmi dny~ in rending perind × Customer Charge
30 days
SCHEDULE SMH
MC)Rll ,F, I-IC)MF, PARK WA,qTF, WATF, R ,qF, RVICF,
(Effective 10/01/02)
A PPI ,lC A TIONI
Applicable for mobile home parks which are master water metered to provide residential wastewater
service. Wastewater service is billed based on the customer's winter average water usage.
Also applicable for wastewater service without City of Denton water service, in the event the mobile
Page 5
home park does not have a master meter for wastewater. Wastewater service is billed on the average
residential wastewater volume per customer.
Not applicable for sub-billing or other utility billing by service user in any event.
MONITI-II ,Y R ATF. LqMI-I/- WlTI-I CITY OF DFNITIDNI WATF, R ~qF.RVICF.
(1) Facility Charge $16.20 / 30 days
(2) Volume Charge $2.37 / 1,000 gallons effluent
MONTHI,Y R ATF, (~qMH(}1 - C)IITqlDF, CORPOR ATF, I,IMITq WITH CITY OF DF, NTC)N
WATF, R ~qF,R VICF,
(1) Facility Charge $18.00 / 30 days
(2) Volume Charge $2.73 / 1,000 gallons effluent
Except as otherwise stated in this schedule, wastewater volume is calculated based upon a current
winter Average Daily Usage, established annually during the previous billing months of December
through February, and based upon 98% of actual water consumption during those months. The average
daily usage may be calculated using as few as two months. The Average Daily Usage thus calculated
establishes the wastewater volume charge for each subsequent month, through the following February.
For customers without an established winter Average Daily Usage water consumption billing history
derived from the preceding billing months of December through February, wastewater volume for each
billing month through the following February shall be calculated at the established billable volume (5,000
gallons per month per mobile home) for mobile home park customers not receiving water service.
M1NIMI IM FIlI J JNIG - WITH CITY OF DFNTC)NI WATF, R ~F, RVICF,
Facility Charge.
VC)I ,I J1VIF, CHARGF, - WITH CITY OF DFNTC)NI WATF, R ~qF, RVICF,
With a current Average Daily Usage, billings through the following February shall be based on the
average daily usage calculated using the following formula.
Cnrrem Average Daily II~age x 08% × Rate per 1,000 gallons
1000
For customers without an established winter Average Daily Usage, billings shall be based on the
established billable volume of 5,000 gallons per mobile home per month.
F,~lahli~hed lqillahle Volume × Rate per 1,000 gallons × Number of Mobile Homes
Page 6
1000
P A YMF,NIT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
,qPF, CIAI, FACII ,ITIF,,q
All services which require special facilities in order to meet Customer's service requirements shall be
provided subject to the special facilities rider.
PROR ATIONI OF FACII JTY CHARGF,
Billing for the Facility Charge shall be based on twelve (12) billings annually and shall be prorated based
on the following formula:
Acnml day~ in reading peric~d × Facility Charge
30 days
MONITHI ,Y R ATF, (,qMNI/,qMN(}~ - WITHOI IT CITY OF DF, NITONI WATF, R ,qF, RVICF,
(1) Facility Charge
SMNI SMNO
Inside Corporate Outside Corporate
I imitq I imitq
$16.20/30 days
$18.00 / 30 days
(2) Volume Charge $2.37 / 1,000 gals $2.73 / 1,000 gals
The Customer shall pay a minimum volume charge on the established billable volume of five thousand
(5,000) gallons per month.
MINIM[ ]hA lqll J ,lNG - WITHOI IT CITY OF DFNTON WATF, R ,qF, RVICF,
The Facility Charge plus five thousand (5,000) gallons ofwastewater per mobile home.
VOI ,l IMF. CHARC, F, - WITlqOI IT CITY OF DFNITONI WATF, R ~qF. RVICF.
The billing for the wastewater volume shall be based on the wastewater volume calculated during the
billing period.
Minim, m Wa~tewater Vol,me × Rate per 1,000 gallons × Number of Mobile Homes
1000
Page 7
P A VMFNT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
,qPF, CIAI, FACII ,ITIF,,q
All services which require special facilities in order to meet Customer's service requirements shall be
provided subject to the Special Facilities Rider.
PRORATION OF FACII JTY CI-IAR GF,
Billing for the Facility Charge shall be based on twelve (12) billings annually and shall be prorated based
on the following formula:
Acnml day~ in reading pa, rind × Facility Charge
30 days
Page 8
SCHEDULE SC
COMMF. R CIAI, ANID 1NIDI I,qTRIAI, WA,qTF. WATF. R ,qF. RVICF.
(Effective 10/01/02)
RF, GI TI,AR COMMFRCIAI,
A PPI ,lC A TION
Applicable to all general commercial and industrial wastewater service users and to all wastewater
service users not otherwise specifically classified under a specialized class wastewater rate.
Also applicable to all commercial facilities not receiving metered water service from the City of DeNon,
including subdivisions, for apartmems, or other commercial users.
MONITHI ,Y R ATF, (,qCi - WITH CITY OF DFNTC)NI WATFR ,qFRVICF,
(1) Facility Charge $16.20 / 30 days
(2) Volume Charge $3.08 / 1,000 gallons effluem
Billing based on eighty (80%) percem of monthly water consumption.
PRF, TRFATMFNT / PRC)GR AM CHARGF,,q (Ax Annlicahla~
(SCA) (A) Categorical Customer $375.00 / 30 days
(SCB) (B) Non-categorical Customer $ 46.00 / 30 days
,qAMPI ,lNG AND ANIAI ,Y,ql,q CHARGF,,q (Ax annlicahlal
(A) Sampling charge (each) $35.00
(B) Analysis charge (per test) $15.00
MONITI-II,Y R ATF. (,qCOl - IDIIT,qlDF, CORPlDRATF. I,IMIT,q WfTH CITY
WATF, R ,qF, R VICF,
(1) Facility Charge
(2) Volume Charge
$18.00 / 30 days
$3.55 / 1,000 gallons effluent
Billing based on eighty (80%) percem of monthly water consumption.
M1NIMI IM 1:111,1 ,lNG
Page 9
Facility Charge.
VO1,1 IMF, CI-IA R C~F,
Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing
period.
Formula:
Wamrvolurne w 8 × Rateper 1,000 gallons
1000
CC)MMF, R CI AI, AND 1NDI I,qTR 1 A
In addition to the above charges for commercial and industrial services, there will be added to the
monthly rate a surcharge based on the following formula:
Surcharge Unit Cost Factor $0.004228 mg/1 of Biochemical Oxygen Demand (BOD)
$0.002317 mg/1 of Total Suspended Solids (TSS)
Cu: Vu ([Bu-250] B + [Su-250] S])
Where:
Gu
Vu
Bu
B
Su
S
is the surcharge for customer X.
is the billing volume per 1000 gallons for customer X.
is the tested BOD level for user X or 250 mg/1, whichever is greater.
is the unit cost factor for treating one unit BOD per 1,000 gallons.
is the tested TSS level for user X or 250 mg/1, whichever is greater.
is the unit cost factor for treating one unit of TSS per 1,000 gallons.
MONITlqI ,Y R ATP (,qC~l/,qC~Oi - WITlqOI IT CITY 131:; DFNITIDNI WATPR ,qPRVICP
(1) Facility Charge
SCNI SCNO
Inside Corporate Outside Corporate
I knit~ I knit~
$16.20 / 30 days $18.65 / 30 days
(2) Volume Charge $3.08 / 1,000 gals $3.55 / 1,000 gals
The minimum apartment volume charge will be for five thousand (5,000) gallons per unit receiving
wastewater service per month. Other commercial users will be billed on their estimated monthly
wastewater volume.
M1NIMI IM lql1,1 ,lNG
(1) Facility charge plus 5,000 gallons wastewater per unit receiving wastewater service.
Page 1 0
or
(2) Facility charge plus other commercial user estimated monthly wastewater volume.
VIDI ,I ]MF, CI-IAR GF,
Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing
period.
Formula:
Minimum wnxlewnler vnlnme × Rate per 1,000 gallons
1000
Plllx
PRF, TRF, ATMFNT / PROGR AM CHARGF,~q (Ax nnnlicnhlal
(1) Categorical Customer
(2) Non-categorical Customer
$375.00 / 30 days
$46.00 / 30 days
~qAN/IPI ,lNG AND ANAl ,Y~q[q CI-IARGF.~q (Ax nnnlicnhlet
(1) Sampling charge (each) $35.00
(2) Analysis charge (per test) $15.00
AND 1NDI LqTR 1 A
In addition to the above charges for commercial and industrial services, there will be added to the net
monthly rate a surcharge based on the following formula:
Surcharge Unit Cost Factor
$0.004228 mg/1 of Biochemical Oxygen Demand (BOD)
$0.002317 mg/1 of Total Suspended Solids (TSS)
Cu: Vu ([Bu-250] B + [Su-250] S])
Where:
Gu
Vu
Bu
B
Su
S
is the surcharge for customer X.
is the billing volume per 1000 gallons for customer X.
is the tested BOD level for user X or 250 mg/1, whichever is greater.
is the unit cost factor for treating one unit BOD per 1,000 gallons.
is the tested TSS level for user X or 250 mg/1, whichever is greater.
is the unit cost factor for treating one unit of TSS per 1,000 gallons.
P A YMFNT
Page 11
Bills a'e due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
~qPF, CIAI, FACII ,ITIF,~q
All services which require special facilities in order to meet Customer's service requirements shall be
provided subject to the Special Facilities Rider.
PROR ATIONI C)F FACII ,ITY CHARGF,
Billings for the Facility Charge shall be based on twelve (12) billings annually and shall be prorated
based on the following formula:
Actual day~ in reading period × Customer Charge
30 days
Page 12
SCHEDULE SCD
COMMERCiAL/iNDUSTRIAL WASTEWATER SERVICE
WHICH MEASURES WITH DEDICATED WATER METERS (SUBMETERS),
WATF, R FOR WA~qTF, WATF, R RII,I,1NG
(Effective 10/01/02)
A PPI ,lC A TION
Applicable to all commercial and industrial wastewater service users and to all wastewater service users
not otherwise classified under this Ordinance whose wastewater volume is measured by a water meter
which measures the water which is returned into the wastewater collection and treatment system. The
SCD submetered wastewater volumes are billed to the Customer.
Not applicable for sub-billing or other utility billing by service user in any event.
MONITHI ~Y R ATF,
(1) Facility Charge lqilling Per qO Day~
3/4" Meter $21.50
1" Meter $23.50
1-1/2" Meter $29.60
2" Meter $34.50
3" Meter $75.00
4" Meter $141.00
6" Meter $176.00
8" Meter $205.00
10" Meter $247.00
(2) Volume Charge
$3.08 / 1,000 gallons effluent
The wastewater billing is based on ninety-eight (98%) percent of the actual water volume submetered.
M1NIIMI IM tall1,1 ,lNG
Facility Charge.
p A YMF,NIT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
~qPF, CIAI ~ FACII JTIF,~q
All services which require special facilities in order to meet customer's service requirements shall be
provided subject to the Special Facilities Rider.
COMMF, R CI AI, AND 1NDI kqTR 1A
Page 13
In addition to the above charges for services, there will be added to the monthly rate a surcharge based
on the following formula:
Surcharge Unit Cost Factor $0.004228 mg/1 of Biochemical Oxygen Demand (BOD)
$0.002317 mg/1 of Total Suspended Solids (TSS)
Cu: Vu ([Bu-250] B + [Su-250] S])
Where:
Gu
Vu
Bu
B
Su
S
is the surcharge for customer X.
is the billing volume per 1000 gallons for customer X.
is the tested BOD level for user X or 250 mg/1, whichever is greater.
is the unit cost factor for treating one unit BOD per 1,000 gallons.
is the tested TSS level for user X or 250 mg/1, whichever is greater.
is the unit cost factor for treating one unit of TSS per 1,000 gallons.
PRORATION OF FACII ,ITY CI-IAR GF,
Billing for the Facility Charge shall be based on twelve (12) billings annually and shall be prorated based
on the following formula:
Acnml dny~ in rending perind × Customer Charge
30 days
VOl ,1 ]MF, CHAR GF,
Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing
period.
Formula:
Actual Water volume w c/8 × Rate per 1,000 gallons
1000
Page 14
SCHEDULE SCS
COMMERCiAL/iNDUSTRIAL WASTEWATER SERVICE
WHICH MEASURES WITH DEDICATED WATER METERS (SUBMETERS),
WATF, R F, XCI ,I JDF, D FROM WA,qTF, WATF, R RII J ,lNG
(Effective 10/01/02)
A PPI ,lC A TION
Applicable to all commercial and industrial wastewater service users and to all wastewater service users
not otherwise classified under this Ordinance whose wastewater volume is calculated by a water meter
which measures the water which is not returned into the wastewater collection and treatment system.
The SCS sub-metered wastewater volumes are consumed in the customer's processes, not returned to
the wastewater system, and are therefore excluded from the customer's wastewater billing volumes.
Not applicable for sub-billing or other utility billing by service user in any event.
MONTHI ~Y R ATF,
(1) Facility Charge lqilling Per gO Day~
3/4" Meter $21.50
1" Meter $23.50
1-1/2" Meter $29.60
2" Meter $34.50
3" Meter $75.00
4" Meter $141.00
6" Meter $176.00
8" Meter $205.00
10" Meter $247.00
(2) Volume Charge- None
The wastewater billing exclusion is based on one-hundred (100%) percent of the actual water volume
submetered.
M1NIMI IM RI1,1 ,lNG
Facility Charge.
P A YMFNT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
~qPFfqlAI, FACII ,ITIRq
All services which require special facilities in order to meet Customer's service requirements shall be
Page 15
provided subject to the Special Facilities Rider.
WAqTF, WATFR ~qI IRCHARGF,
In addition to the above charges for services, there will be added to the monthly rate a surcharge based
on the following formula:
Surcharge Unit Cost Factor $0.004228 mg/1 of Biochemical Oxygen Demand (BOD)
$0.002317 mg/1 of Total Suspended Solids (TSS)
Cu: Vu ([Bu-250] B + [Su-250] S])
Where:
Gu
Vu
Bu
B
Su
S
is the surcharge for customer X.
is the billing volume per 1000 gallons for customer X.
is the tested BOD level for user X or 250 mg/1, whichever is greater.
is the unit cost factor for treating one unit BOD per 1,000 gallons.
is the tested TSS level for user X or 250 mg/1, whichever is greater.
is the unit cost factor for treating one unit of TSS per 1,000 gallons.
PRORATION OF FACII ,ITY CHARGF,
Billing for the Facility Charge shall be based on twelve (12) billings annually and shall be prorated based
on the following formula:
Ac, nml dny~ in rending perind × Customer Charge
30 days
VOl ,1 IMF, CHAR GF, F, XC1,1 NIONI
The wastewater volume exclusion shall be based on the water volume calculated during the billing
period. This sub-metered volume shall be excluded, i.e. removed, from the master meter water volume
prior to the wastewater billing volume calculation.
SCHEDULE SEE
EQUIPMENT SERVICES FACILITIES AND
RESTAURANTS & FOOD SERVICE ESTABLISHMENTS
WA ~qTF, WATF, R ~qF, R VICF,
Page 16
(Effective 10/01/02)
A PPI ,lC A TIC)NT
Applicable to facilities which perform washing, cleaning or servicing of automobiles, trucks, busses or
similar equipment and are categorized by Standard Industrial Code Numbers 5541, 7549, 7542, and/or
similar code classifications.
Applicable to all restaurants and food service establishments which prepare and serve food directly to
customers and are categorized by Standard Industrial Code Numbers 5812, 5813 and/or similar code
classifications.
MONTHI ,Y R ATF, (SEE)
(1) Facility Charge
(2) Volume Charge
Billing based on eighty (80%)percent of monthly water consumption.
Ph]~
PRF. TRFATMFNT / PRC)GR AM CHARGRq (AK nnnlic, nhlal
$16.20 / 30 days
$4.25 / 1,000 gallons effluent
(SEA) (A) Categorical (30 days) $375.00
(SEB) (B) Non-categorical (30 days) $46.00
The appropriate PretreatmenffProgram charge will be applied if the Customer is identified as either
categorical or non-categorical. These charges are not to be applied if the Customer is not designated as
either a categorical or non-categorical customer.
~qAMPI ,lNG /ANAI ,Y~qLq CHARGF,~q (AK Annlicahlal
(1) Sampling charge (each) $35.00
(2) Analysis charge (per test) $15.00
~qF, F, FXF, MPTION~q
Customers under the SEE rate shall be charged the SC rate if only pre-wrapped and
preprocessed foods are served from their premises and no food processing is performed
on the premises so that only minimal organic material is discharged to the sanitary sewer.
The exemption for the SEE class shall be determined by the City of Denton
Environmental Health Services Food Inspection Division.
(1)
(2) Customers under the SEE rates shall be charged the SC rate plus the applicable industrial
surcharge if the Customer:
(a) Installs a wastewater sampling manhole on the sanitary sewer discharge line;
Page 17
(b)
Agrees to pay for the City to sample and analyze, quarterly, the wastewater
discharge for the following: Biochemical Oxygen Demand (BAD), Total
Suspended Solids (TSS), and Fats, Oils and Grease (FOG), based on the actual
costs; and
(c)
Agrees to pay, based on the industrial surcharge formula, a surcharge on all
wastewater discharged that is in excess of 500 mg/1 of BaD and 550 TSS as
determined by the monitoring performed in Section 2(b).
M1NIMI IM FIll ,1 ,lNG
Facility Charge.
WAqTEWATER ~ql IRCHARGF,
The wastewater surcharge calculation that applies to equipment services facilities and restaurant and
food service establishments claiming the SEE exemption shall be based on the following formula:
Surcharge Unit Cost Factor $0.004228 mg/1 of Biochemical Oxygen Demand (BAD)
$0.002317 mg/1 of Total Suspended Solids (TSS)
Cu = Vu ([Bu-500] B + [Su-600] S])
Where:
Gu
Vu
Bu
B
Su
S
is the surcharge for customer X.
is the billing volume per 1000 gallons for customer X.
is the tested BaD level for user X or 500 mg/1, whichever is greater.
is the unit cost factor for treating one unit BaD per 1,000 gallons.
is the tested TSS level for user X or 600 mg/1, whichever is greater.
is the unit cost factor for treating one unit of TSS per 1,000 gallons.
P A YMFNIT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
,qPF, CIAI, FACII ,ITIF,,q
All services which require special facilities in order to meet Customer's service requirements shall be
provided subject to the Special Facilities Rider.
PROR ATIONI OF FACII ,ITY CHARGF,
Billings for the Facility Charge shall be based on twelve (12) billings annually and shall be prorated
based on the following formula:
Page 18
Actual dav~ in readino neriod
30 days
x Customer Charge
VO1,1 JMF, CI-IAI~ GF.
Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing
period.
Formula:
Wamrvol.rne w 8 x Rateper 1,000 gallons
1000
Page 1 9
SCHEDULE SM
METERED WASTEWATER INSIDE AND OUTSIDE
COR POR A TF, 1 ,IMIT~q
(Effective 10/01/02)
A PPl ,lC A TlC)lq
Applicable to any wastewater service Customer whose wastewater discharge is metered from a single
customer location and not otherwise classified under this ordinance.
MONITHI ,Y R A TF,
(1) Facility Charge
(2) Volume Charge
Plll~
SMI SMO
Inside Corporate Outside Corporate
I imitq I imitq
$200.00 / 30 days
$3.08 / 1,000 gals
$230.00 / 30 days
$3.55 / 1,000 gals
(3)
(SMA)
(SMB)
Pretreatment/Program Charge (As applicable)
(A) Categorical (30 days) $375.00
(B) Non-categorical (30 days) $46.00
The appropriate Pretreatment/Program charge will be applied if the Customer is identified as either
categorical or non-categorical. The categorical and non-categorical classifications are not bound by
corporate limits. These charges are not to be applied if the Customer is not designated as either a
categorical or non-categorical Customer by the wastewater utility staff.
~q AMPI lNG/ANAl ,V~ql~q CHAR GF, (As Applicable)
(1) Sampling charge (each) $35.00
(2) Analysis charge (per test) $15.00
WA~TF,WATF,R ~I JRCHARGF,
In addition to the above charges, them will be added to the monthly rate for metered wastewater, a
surcharge based on the following formula:
Surcharge Unit Cost Factor $0.004228 mg/1 of Biochemical Oxygen Demand (BOD)
$0.002317 mg/1 of Total Suspended Solids (TSS)
Cu: Vu ([Bu-250] B + [Su-250] S])
Page 2 0
Where: Cu is the surcharge for customer X.
gu
Bu
B
Su
S
is the billing volume per 1000 gallons for customer X.
is the tested BOD level for user X or 250 mg/1, whichever is greater.
is the unit cost factor for treating one unit BOD per 1,000 gallons.
is the tested TSS level for user X or 250 mg/1, whichever is greater.
is the unit cost factor for treating one unit of TSS per 1,000 gallons.
M1NIMI IM lql1,1 ,lNG
Facility Charge, plus the appropriate Pretreatment / Program Charge, if applicable.
P A YMFNT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
~qPF, CIAI, FACII ,ITIF,~q
All services which require special facilities in order to meet Customer's service requirements shall be
provided subject to the Special Facilities Rider.
PRORATION OF FACII JTY CI-IAR GF,
Billing for the Facility Charge shall be based on twelve (12) billings annually and shall be prorated based
on the following formula:
Ac, mM dny~ in rending period × customer charge
30 days
VIBI ,I JMF, CHARGF,
Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing
period.
Formula:
Wn~lewnmr volume × Rate per 1,000 gallons
1000
Page 2 1
SCHEDULE SGE
~qAl F. OF TRF. ATFD WA~qTF.WATF.R FFFI .l JFNT
(Effective 10/1/02)
A PPI ,lC A TION
Applicable for sales of treated wastewater effluent to any municipal utility or approved private business.
Useable for non-potable purposes only. Not intended for human consumption.
Not available for resale in any event.
PRODI ICT AVAIl ,AlalII ,lTV
Wastewater effluent is available for resale only if volumes are available. Supplies may be limited or
unavailable.
MONITIqI ,Y R A TF.q
(1) Facility Charge
(2) Volume Charge
$16.20 / 30 days
$1.35 / 1,000 gallons
M1NIMI IM gl1,1 ,lNG
Facility Charge.
P A YMF.NIT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
~qPF, CIAI, FACII ,ITIF.q
All services which require special facilities in order to meet Customer's service requirements shall be
provided subject to the Special Facilities Rider.
pl~ol~ ATIONI OF FACI1,1TV CI-IAI~ GF.
Billing for the Facility Charge shall be based on twelve (12) billings annually and shall be prorated based
on the following formula:
Acnml d~y~ in reading pericM × Customer Charge
30 days
Page 22
VC)1,1 ]~VIF, CHAR GF,
Billing for the wastewater volume shall be based on the effluent volume calculated during the billing
period.
Formula:
Ffllnen/vc~lnme × Rate per 1,000 gallons
1000
Page 23
SCHEDULE SSC
WHOLESALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL
AGF, NCY, DIVLqlON, OR ~qI JPlDIVLqlON
(Effective 10/01/02)
A PPI ,lC A TION
Applicable to any municipal corporation, or other governmental agency or subdivision which operates a
wastewater collection system and contracts with the City of Denton for wastewater treatment service.
MONITHI ,Y R ATF,~q
(1)
(2)
Facility Charge $180.00 / 30 days
Pretreatment/Program Charge (As Applicable)
(3)
(A) Categorical
(B) Non-categorical
Volume Charge
$375.00 / 30 days
$46.00 / 30 days
$2.00 / 1,000 gallons
Billing shall be based on one-hundred (100%) percent of actual gallons measured.
~qAMPI ,lNG/ANAl ,Y~q[q CI-IARGF. (AK Annlicahlat
(1) Sampling Charge (each) $35.00
(2) Analysis Charge (per test) $15.00
M1NIMI IM RI1,1 ,lNG
Facility Charge.
WHOI ,F,~q Al ,F, ~ql IR CHAR GF,
In addition to the above charges for wholesale wastewater services, them will be added to the monthly
rate an industrial surcharge based on the following formula:
Surcharge Unit Cost Factor $0.004228 mg/1 of Biochemical Oxygen Demand (BOD)
$0.002317 mg/1 of Total Suspended Solids (TSS)
Cu: Vu ([Bu-250] B + [Su-250] S])
Where: Cu is the surcharge for customer X.
Page 24
gu
Bu
B
Su
S
is the billing volume per 1000 gallons for customer X.
is the tested BOD level for user X or 250 mg/1, whichever is greater.
is the unit cost factor for treating one unit BOD per 1,000 gallons.
is the tested TSS level for user X or 250 mg/1, whichever is greater.
is the unit cost factor for treating one unit of TSS per 1,000 gallons.
P A YMF,NIT
Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from
date of issuance.
,qPF, CIAI, FACII ,ITIF,,q
All services which require special facilities in order to meet Customer's service requirements shall be
provided subject to the Special Facilities Rider.
PROR ATIONI OF FACII ,ITY CHARGF,
Billing for the Facility Charge shall be based on twelve (12) billings annually and shall be prorated based
on the following formula:
Acnml day~ in reading peric~d × customer charge
30 days
VOI ,I IMF, CHAR GF,
Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing
period.
Formula:
Wa~lewamr vol,me × Rate per 1,000 gallons
1000
SCHEDULE CWM
COMPO,qT AND WOOD MI II,CH
(Effective 10/1/02)
Page 2 5
A PP! ,lC A TION
Applicable to any and all customers, whether residential, commercial, or wholesale, which elect to
acquire the City of Denton Compost and/or Wood Mulch for their use. The City of Denton reserves
the right to restrict or limit the sale of compost or wood mulch to any customer at any time.
R ATRq
Compost and Wood Mulch will be sold by volume on a cubic yardage basis, or in one cubic foot bags.
Bulk quantities will not be sold in volumes less than ene-half cubic yard.
Compost
(1) Dyne Soil (Top Soil Blend)
(2) Dyne Din
(3) Dyne Lite
$25.00 Cubic Yard
$20.00 Cubic Yard
$30.00 Cubic Yard
(B) Wood Mulch (1) Dyne Mulch
(2) Dyne Chips
$15.00 Cubic Yard
$7.50 Cubic Yard
Purchases, for (A) and (B) above, greater than ten (10) cubic yards will receive a 20% discount, and
purchases greater than one hundred (100) cubic yards will receive a 40% discount.
(C) The City efDenton interdepartmental price for Dyne Dirt compost: $8.00 Cubic Yard
(D) One cubic foot bags of Dyne Dirt
$1.35 / bag (50 Bag Minimum Purchase)
PR ODI ICT AVAII ,AFII1,1TV
The City of Denton produces compost and wood mulch throughout the year in varying limited quantities.
The City of Denton does not guarantee the availability of either product, and expressly reserves the
right to restrict the sale of either product based upon available volumes.
PAYMFNT I ,OCATION,q
Compost and wood mulch may be purchased at the following City of Denton location during the hours
identified:
I ,ncatinn Addre~ Payment Hnnm
Landfill Scale House 5166 Foster Road 7:00 a.m.-2:00 p.m.
All Customers will be required to provide payment at the City of Denton payment location prior to
receiving any compost or wood mulch.
R F, CF, IPT OF PR ODI IC, T
Page 2 6
Upon submission of the payment receipt to the load attendee at the Pecan Creek Water Reclamation
Plant, located at 1100 Mayhill Road, Denton, Texas, the purchased product will be loaded for the
customer. Compost and Wood Mulch will only be loaded for Customers on Wednesdays and
Saturdays, exclusive of legal holidays, at the Pecan Creek Water Reclamation Plant during the hours of
7:00 AM - 3:00 PM.
W3~-IOI F,~q AI ,F, PI 11~ CI-IA ~qF,~q
All compost or wood mulch purchased wholesale, for resale to the public, is to be identified as a City of
Denton manufactured product. The wholesale purchaser must provide the City of Denton selling price
information to the retail customer if it is requested.
SCHEDULE GBL
GI~ ARq / Iall~l l.qI-I / 1FAVF.,R
(Effective 10/1/02)
Page 2 7
A PPI ,lC A TI~N
Applicable to all City of Denton residents who submit for deposit at the landfill grass clippings,
leaves, and brush, shall pay the following rates:
GRARq / lqRl LqH / I F, AVF,~q:
Pmcln cJ Chnmmeri~fic~
1. Uncontaminated bagged or un-bagged $15.00 ton
grass, brush, or leaves in less than twelve foot (12') lengths.
2. Uncontaminated bagged or un-bagged $25.00 ton
grass, brush, or leaves in greater than twelve foot (12') lengths.
3. Contaminated grass, brush, or leaves
o f any length.
$32.50 ton
4. Whole trees and stumps $45.00 ton
MINIIM1 I~VI CI-IA R GF.
$5.00 per load.
Professional landscapers, tree trimmers, and yard maintenance personnel are required to bring
their grass, brush, or leaves (all collectible yard waste) to the landfill, and are not permitted to
leave any of the above-referenced collectible yard waste items stacked or piled on the curb at the
Customer's location.
Grass, brush, and leaves shall not be assessed the City of Denton solid waste 3.5% surcharge to
compensate for the State of Texas surcharge for all solid waste received at landfills if the materials
are not landfilled.
Page 2 8
WA,~TEWATER TAP FEE,~
(Effective 10/01/02)
A PPI ,lC A TION
This schedule applies to the installation, removal, or relocation ofwastewater taps by the City of Denton
Utility Department at the request of any person, firm, association, corporation, or other legal entity.
TAP FF, F,~q
Any person, firm, association, corporation, or other legal entity that requests that a wastewater main tap
be removed, installed, or relocated by the Wastewater Utility Department shall pay in advance to the
Wastewater Utility Department the following applicable fees:
WA ~qTF.WATF. R TAP~q WITH CI F. ANIIDI IT
Tan Paved ~qlreel 1 lnnaved ~qlreel
4 inch $1,850.00 $1,300.00
6 inch 1,950.00 1,450.00
8 inch 2,050.00 1,600.00
10 inch 2,200.00 1,725.00
MANlqlDI ,F, lqRF, AKIDI IT FF, F,
6" - 12" Line $150.00
FF, F,~q FOR INLqTAI ,I ,ATIC)N~q NOT I ,LqTF, D
For installation of a tap for which a fee is not specified, the requestor shall pay h advance a deposit
based upon the estimated cost of such installation, or similar work, plus an administrative charge of
20%. Upon completion of the installation or similar work requested, the customer shall be billed at
actual cost, as determined by the Wastewater Utility Department, plus a 20% administrative charge.
Any excess deposit shall be refunded to the Customer.
SCHEDULE SD
Page 2 9
~TC)RM F)R A1NAGF, FFF,~
(Effective 10/01/02)
A PPI ,lC A TION
Applicable to all impervious real property and appurtenances owned and located within the
incorporated limits of the City of Denton, Texas, except as exempted below. The Storm Drainage fee
charged to each tract of real property is based upon the amount of impervious surface cover that results
in water runoff into the City of Denton drainage system.
MONTHI ,Y FFF, - RF,,qlDFNTIAI ~ (,qIlR/
The residential fee is applicable to all single-family through fourplex real properties located within the
incorporated limits of the City of Denton, Texas, for which impervious surfaces can be individually
identified. The residential fee is established by utilizing a block system. The fee charged in each fee
block is set forth and established as follows:
FFF. FlI ,OCI4 FIlI ,I ,lNG PFR gO DAY,q
0 - 600 Square Feet $ 0.50
601 - 1,000 Square Feet $ 1.00
1,001 - 2,000 Square Feet $ 3.35
2,001 - 3,000 Square Feet $ 5.45
3,001 - 4,000 Square Feet $ 7.60
4,001 - 5,000 Square Feet $ 9.75
5,001 - 6,000 Square Feet $12.00
Over 6,000 Square Feet $15.50
MONITHI ,Y FFF, - NIIDNI-RF,,qlDFNTIAI, (,qIlNl/
The non-residential fee is applicable to all other real property owned and located within the
incorporated limits of the City of Denton, Texas, except as exempted below. The non-residential fee is
based upon the total square footage of impervious surface cover measured for each customer/owner.
Formula:
Measured Square Footage of Impervious Surface Cover x $0.00186 per 30 days
PR OR ATIONI OF MONITI-II ,Y FF.F.
Billing for the Storm Drainage Fee shall be based upon twelve (12) billings annually and shall be
prorated based on the following formula:
Acnml Day~ In Billing Pa, dad x Monthly Fee
30 days
Page 3 0
FXF. K/IPTIC~N~
The following real property owned and located within the incorporated limits of he City of Denton,
Texas shall be exempt from imposition of the residential fee or the non-residential fee:
1. Real property with proper construction and maintenance of a wholly sufficient and privately-
owned drainage system, not draining into the City of Denton drainage system, upon the real property's
inspection and certification by the City; or
2. Real property held and maintained in its natural state, until such time that the real property is
developed, and all of the public infrastructure constructed thereon has been accepted by the City; or
3. Real property, consisting of an unimproved subdivided lot, until such time as a structure has
been built on the lot and a certificate of occupancy has been issued by the City.
No other exemptions to the residential fees or the non-residential fees are applicable.
Page 3 1
~qPE/~IAI~ FA/~II~ITIE~q RIDER
(Effective 10/01/02)
(1)
(2)
All service shall be offered from available facilities. If a customer service request for a special
or unusual service not otherwise provided for by the Wastewater rate ordinance, and/or
requires facilities and devices which are not normally and readily available at the location at
which the Customer requests the service, then the City shall provide the service subject to the
requirements of paragraph (2) of this Rider.
The total cost of all facilities required to meet the Customer's special requirements which are
incurred by the City in connection with rendering the service, shall be subject to a special
contract entered into between the Wastewater Utility Department and the customer. This
contract shall be signed by both parties prior to the City providing the requested service to the
Customer.
SECTION 9. That all ordinances or parts of ordinances in force when the provisions of this
ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained
Page 32
in this ordinance are hereby repealed to the extem of any such conflict.
~ql:;CTIONI :l That if any section, subsection, paragraph, sentence, clause, phrase or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
,qF, CTION 4 That the Schedule of Rates herein adopted shall be effective, charged and
applied to all wastewater service rendered on or after October 1, 2002, and a copy of said rates, fees,
and charges shall be maintained on file in the Office of the City Secretary.
PASSED AND APPROVED this the
__ day of ,2002.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
S:\Ottr Documents\Ordinances\02\Wastewater Rate Ordinance - 2002-2003.doc
Page 3 3
Agenda 02-029 09/03/02 #19
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Utility Administration
Howard Martin, 349-8232
SUBJECT
Consider approval of the Electric, Water, Wastewater, Solid Waste, and Miscellaneous Rate
Ordinances for FY 2003.
BACKGROUND
Proposed FY 2003 utility budgets and CIPS were approved by the PUB on July 15th' , and have
been submitted to City Council for review by July 31st. The proposed rate ordinances included
in this agenda are designed to recover the cost of service for each utility and provide a positive or
breakeven net income.
During the budget review process, the PUB reviewed various Solid Waste proposed rate changes
that were necessary to support the proposed FY 2003 budget and CIP. Those proposed rate
changes are incorporated into this agenda for Board approval. Base rate increases for Water and
Wastewater were reviewed as options for FY 2003, but the final determination was to defer any
rate increase from FY 2003 to FY 2004 and beyond. No Electric rate changes were discussed
during the budget/CIP review.
SUMMARY
No base rate increases are proposed for the Electric, Water or Wastewater utilities. The various
Solid Waste rate changes discussed during the budget review are outlined in greater detail below.
A few Water, Wastewater and Miscellaneous rate changes are also proposed for FY 2003.
ELECTRIC RATE RECOMMENDATIONS
ECA Rate - In accordance with the ECA rate ordinance, the Board will review the ECA
rate on a quarterly basis during the last month of each quarter. A recommended ECA rate
to the Board at its September 16 meeting. The current approved ECA
will be presented th
rate through September 30, 2002 is $0.025/KWH.
The electric department is continuing to analyze the base electric rate tariffs to determine if
changes to the existing rate structure will be required in the current deregulated market.
WATER RATE RECOMMENDATIONS
Revise the Wholesale Raw Water Rate (WRW) applicable to Upper Trinity Regional
Water District (UTRWD). The FY 2003 City of Dallas wholesale untreated water rate is
projected to be $0.3927/1,000 gallons, a decrease of 6.4% from the existing rate of
$0.4194/1,000 gallons. Denton's raw water wholesale rate to UTRWD, which is set at
85% of Dallas's wholesale untreated water rate, will correspondingly decrease from the
existing price of $.3565/1,000 gallons to $.3338/1,000 gallons. This rate is determined by
the terms efthe raw water contract between Denton and UTRWD.
WASTEWATER RATE RECOMMENDATIONS
Establish a rate for a new compost product under the Compost & Wood Mulch rate
schedule (CWM). The new compost, called Dyne Lite, does not contain any wastewater
bieselids. It is in response to customer requests for a sludge-free product that can be used
on vegetable gardens and for potting soil. Due to the fact that it takes a significantly
longer period to process Dyne Lite into a finished product, the recommended rate for
Dyne Lite is higher than for Dyne Soil or Dyne Dirt.
Compost Product
Rate per Cubic Yard
Dyno Lite $ 30.00
Revise the rate charged for uncontaminated bagged or unbagged grass clippings, brush,
or leaves under the Grass/Brush/Leave rate schedule (GBL) for those customers who
choose to deliver to the landfill. Under the ordinance, professional landscapers, tree
trimmers, and yard maintenance personnel are required to bring these items to the landfill
for disposal. The current rate does not cover the cost of the grinding operation required
to reduce the material to a size necessary to produce compost and mulch.
Grass/Brush Leaves
Current Rate Proposed Rate
(per ton) (per ton)
Uncontaminated in less than twelve foot length
Uncontaminated in greater than twelve foot length
$10.00 $15.00
$15.00 $ 25.00
There will be a minimum charge of $5.00 per load.
SOLID WASTE RATE RECOMMENDATIONS
· Establish containerized rates. The recommended rates per thirty days are:
Number of Containers
300 Gallons (Nominal)
90 Gallons (Nominal)
60 Gallons (Nominal)
35 Gallons (Nominal)
1
$38.OO
$15.00
$13.00
$12.00
2
$78.00
$28.00
(commercial only)
(residential/commercial)
(residential/commercial)
(residential only)
Establish a monthly residemial solid waste base rate of $11.00 / 30 days for an
unoccupied residence which is vacam for greater than 60 days.
Establish the monthly Curbside Recycling Fee of $1.99 / 30 days. The Contractor's "pass
through" fee of $1.47, plus the Recycling Support Fee of $0.52 will be billed monthly.
The Recycling Support Fee funds administrative costs, contract management, and
container purchases.
Establish the Residential Solid Waste Services Discount Rate, which reduces monthly
Residential Solid Waste Service charges by $3.50 per thirty days. Residents who wish to
apply for the discount qualify by meeting established guidelines for financial need. The
discount would be effective for no longer than 12 months and would require
re- qualification annually.
Provide for a Commercial From Load and Side Load comainer rate increase of 3.9%. The
commercial From Load and Side Load recommended rates are as listed. These rates
include the collection and disposal of four bulky items per month and yard waste
collection services.
Front Load
Frequency/Week 1 ~ ~ ~ ~ ~
2 CY $46.91 $90.91 $138.26 $186.54 $235.73 $285.84
3 CY $47.95 $91.95 $139.30 $187.58 $236.77 $286.88
4 CY $58.69 $112.63 $170.49 $229.43 $289.63 $350.64
6 CY $76.10 $146.19 $221.42 $297.96 $375.88 $455.25
8 CY $92.18 $177.09 $268.13 $360.78 $455.16 $551.23
Side Load
Frequency/week 1 ~ ~ ~ ~ ~
2 CY $52.56 $101.76 $154.64 $208.51 $263.37 $319.22
3 CY $53.60 $102.80 $155.68 $209.55 $264.41 $320.26
4 CY $65.59 $125.87 $190.46 $256.21 $323.31 $391.28
Establish a hand-collected commercial service rate based on a minimum of the rate for a
three cubic yard comainer serviced one time per week.
Provide a Temporary Front Load container rate increase of 2%.
Temporary Service From Load Container
Rent Pickup
3 CY $29.95 $53.74
4 CY $32.87 $56.03
6 CY $41.34 $63.76
8 CY $54.06 $75.97
Establish minimum service of once per month for temporary containers.
Provide a Commercial Minimum Rate decrease from $22.50/30 days to $15.00/30 days.
This rate is charged to customers that generate one cubic yard or less of waste per week
and are serviced with metal containers.
Establish a minimum landfill charge of $5.00. The minimum landfill charge of $5.00 is
proposed to fund costs incurred by these customers.
Add clean brick and block to the Inert Materials (Recyclable) rate of $7.50 per ton. These
materials are not landfilled, and are temporarily stored for reuse by the City or a City of
Denton Solid Waste customer.
Provide for the disposal of eight bulky items per month per solid waste customer
delivered to the landfill by the customer at no charge.
Increase the unsecured load (materials not tarped or tied down) rate to $15.00 per load.
The yard waste rates stated in the Wastewater rate ordinance above will also be listed in
the Landfill rate ordinance. A minimum charge of $5.00 per load is recommended.
MISCELLANEOUS RATE RECOMMENDATIONS
The following changes are recommended for the FY 2003 miscellaneous service fees:
· Add an after business hours connection charge of $20.00 per utility connected after
regular business hours.
· Add an after business hours delinquent service charge of $50.00 for service reconnection
after regular business hours.
Establish an Unauthorized Usage Penalty of $25.00. Applicable to any customer who
fails to request connection of services with 24 hours of occupancy in new service location
if service is still in previous occupants name.
Establish a minimum Meter Tampering and/or Damage charge of $175.00. Applicable to
any person who tampers with, damages, or illegally connects to a city electric, water, or
wastewater meter.
Establish a Meter Inaccessibility Charge of $35.00. Applicable to any customer who
prevents the regular and routine reading, maintenance, repair or removal of any city
meter due to inaccessibility of the meter.
· Set the interest rate earned on customer deposits to 2.25%, the rate will be fled to the
Denton Area Teachers Credit Union Certificate of Deposit one-year rate.
Add a late payment charge of $10.00 to be assessed on the ~h business day following the
due date. The charge will help cover administrative costs of initiating collection on past
due accounts.
Add a requirement for a commercial customer service deposit of an amount equal to 1/6
of the last 12 months billing if service has been disconnected for nonpayment.
Add an interest charge of 1% / month to be assessed on account balances unpaid at the
time of the current month's billing calculatior[ However, the actual interest rate charged
will not exceed the legal rate of interest.
FISCAL SUMMARY
The rates and charges included in the utility rate ordinances provide the revenues necessary to
cover the cost of service to customers.
EXHIBITS
ii.
iii.
IV.
V.
FY 2003 Electric Rate Ordinance
FY 2003 Water Rate Ordinance
FY 2003 Wastewater Rate Ordinance
FY 2003 Solid Waste Rate Ordinance
FY 2003 Miscellaneous Rate Ordinance
Respectfully submitted:
Howard Martin, ACM Utilities
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF
RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBERS 2001-333
AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5,
26-7, 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CiTY OF DENTON,
TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE;
REVISING THE APPLICATION FOR RATE SWR, DELETING THE SURCHARGE FROM THE
RESIDENTIAL SOLID WASTE COLLECTION SERVICE AND RE-ASSIGNING THE
SURCHARGE TO THE RESIDENTIAL SOLID WASTE COLLECTION SERVICES RATE;
ESTABLiSHiNG THE CHARGES FOR CONTAINERIZED RESIDENTIAL CART SERVICE,
AMENDING THE CHARGES FOR MINIMUM BILLING/BASE RATE SERVICE UPON
CONDITION AND APPLICATION, AMENDING THE CHARGES FOR LANDSCAPE
WASTE, ADDING THE CHARGES FOR RESiDENTiAL CONSTRUCTION MATERIALS
(SCHEDULE SWR); ESTABLiSHiNG THE RATE FOR RESiDENTiAL CURBSiDE
RECYCLING AND PROCESSING SERVICES; EXCEPTION TO IMPOSITION OF RATE
(SCHEDULE SWRR); ESTABLiSHiNG THE RESiDENTiAL FiNANCiAL NEED SERVICE
DISCOUNT (SCHEDULE SWRD); iNCREASING SERVICE CHARGES FOR COMMERCIAL
FRONT-LOAD AND SIDE-LOAD CONTAINERS, AMENDING THE CHARGES FOR
COMMERCIAL CART SERVICE, ADDING HAND COLLECTED COMMERCIAL SERVICE,
INCREASING THE RENTAL CHARGE FOR TEMPORARY CONTAINER SERVICE,
DECREASING THE COMMERCIAL MINIMUM RATE, ESTABLISHING A MINIMUM
SERVICE REQUIREMENT FOR TEMPORARY CONTAINERS, DELETING THE
SURCHARGE FROM THE COMMERCIAL AND iNSTiTUTiONAL SOLID WASTE
COLLECTION SERVICE AND RE-ASSIGNING THE SURCHARGE TO THE COMMERCIAL
AND iNSTiTUTiONAL SOLID WASTE COLLECTION SERVICE RATE; AMENDING THE
NUMBER OF BULKY ITEMS COLLECTED FROM PERMANENT SERVICE CUSTOMERS
AT NO ADDITIONAL CHARGE, AMENDING THE COMMERCIAL DEPOSIT
REQUIREMENTS (SCHEDULE SWC); ESTABLiSHiNG A MINIMUM LANDFILL CHARGE,
ESTABLISHING AN OFF-ROAD TIRE CHARGE, AMENDING THE LANDSCAPE WASTE
CHARGES, EXPANDING THE INERT MATERIALS RATE TO INCLUDE BRICK/BLOCK,
INCREASING THE UNSECURED LOAD CHARGE (SCHEDULE SWL); PROVIDING FOR A
REPEALER; PROVIDING FOR A SEVERABiLiTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
~qF, CT|IDNI 1, That the charges for Solid Waste collection services as authorized by Section
24-42(b) of Article ii, Section 24-66 of Article iii and Section 24-4 of Article i of Chapter 24; and by
Section 32-90 of Article iV of Chapter 32 of the Code of Ordinances of the City of Denton, Texas, are
hereby established as follows:
EXHIBIT IV
SWR
SWRR
SWRD
SWC
SWL
SOLID WASTE RATE SCHEDULES
Residemial Solid Waste Collection Services
Residemial Curbside Recycling Collection and Processing Services
Residential Financial Need Service Discount
Commercial and Institutional Solid Waste Collection Services
Sanitary Landfill Services
PAGF,
3
5
6
13
2
SCHEDULE SWR
RF,~IDFNTIAI ~ ~C)! JD WA~TF, COl J F~CTION ~PR~CP~
(E~octivo 10/01/02)
A PPl ,lC A TION
Applicable ~or residential ~y-u~t solid waste collecfon se~ice. A [~y u~t ~cludes each u~t o~ a
duplex or ~plex, each liv~g u~t o~ a resi&ntial lot, and ~y u~t or liv~g space ~ w~ch a person or
s~gle [~ly resi&s.
MONTHI ,Y R A T~,
, Man,,al ~ic~: 2 pic~ps per We& $17.50 per thi~ (30) days
~e Ci~ will provide up to ~o (2) kee rolls o~plastic g~bage bags per calen&r year ~or the resi&ntial
customer's pfma~ residence.
N,,mher c~f C~ntainem
90-gallon container (nominal)
60-gallon container (nominal)
35-gallon container (nominal)
1 pickup per Week
_1_ 2
$15.00 $28.00 per thirty (30) days
$13.00 - per thirty (30) days
$12.00 - per thirty (30) days
MINIMI IM lqlI J ,lNG / lqA,qF, R ATF, ,qFRVICF,:
$11.00 per thirty (30) days applicable for residential solid waste service for an unoccupied residential
family unit which remains vacant for a period for greater than sixty (60) days. This minimum billing rate
shall only be effective after written application is made by the ratepayer with the Customer Service
Depamnent, and such minimum billing rate shall be limited to a maximum period of one hundred eighty
(180) days per calendar year.
OTHFR CHAR GF,~q
There is no additional charge for the collection of bagged grass clippings and leaves, or brush and tree
limbs which are cut and stacked in less than four foot (4') lengths, if the combined grass/leaves/brush
total volume is not over eight cubic yards per collection day. Any combination of grass, leaves, and
brush is appropriate. If over eight (8) cubic yards of bagged grass clippings, leaves, or brush are placed
out for collection on a collection day, charges will be assessed at $5.00 per cubic yard for all cubic
yards in excess of eight (8) cubic yards.
Residential construction materials (such as fencing, drywall, 2x4's, without limitation) will be collected at
the rate of $35.00 per service charge together with $5.00 per each cubic yard or part of a cubic yard
collected. Materials must not exceed eight (8') feet in length. Customers should contact Solid Waste
Customer Relations during normal business hours (at 940-349-8420) to request the collection of
3
residential construction materials.
Residential customers may be provided service and containers at the published commercial rates.
There are no additional charges for the collection of appliances, which do not contain either
polychlorinated biphenyls (PCB's) or chlorofluorocarbons (CFC's). There are no charges for the
collection of appliances which have contained either polychlorinated biphenyls (PCB's) or
chlorofluorocarbons (CFC's), if the customer provides a certificate of documentation from an approved
business qualified to remove these products indicating that the PCB's or CFC's have been properly
removed for disposal. For appliances that contain PCB's or CFC's for which no certified removal
documentation is provided, there will be a $50.00 collection charge per appliance.
Other residential services may be provided at fees established by the department, and approved by the
Director. The fees established will recoup the costs of the special services provided.
A residential Solid Waste service deposit of $38.00 is required and will be charged for Solid Waste-
only customers.
SCHEDULE SWRR
I~F,,qlF)F, NTIAI ~ CI IR lq,qlF)F, I~ F,C¥C! ]NIG AND PI~ OCF,,q,qlNIG ,qF, I~ VICF,,q
(Effective 10/01/02)
A PP! ,lC, A TION
Applicable for residential family-unit recycling materials collection and processing services. A family unit
includes each unit of a duplex or triplex, each living unit of a residential lot, and any unit or living space in
which a person or single family resides.
MONITHI ~Y R ATF,
$1.99 per thirty- (30) days.
[The "pass through" amount, forwarded monthly to the Curbside Recycling Contractor is $1.47 per
residential family unit. The City of Denton Recycling Support Fee cost is $0.52 per thirty- (30) days
and funds container purchases, contract management, administrative costs, and other similar items.]
M1NIMI IM RI1,1 ,lNG
$1.99 per thirty- (30) days.
EXCEPTION TO IMPOSITION OF RATE:
The residential curbside recycling and processing services rate will not be charged for an unoccupied
residential family unit that applies for and is granted the Minimum Billing/Base Rate Service as described
in Schedule SWR. This exception shall be effective so long as the Minimum Billing/Base Rate Service
rate is applicable to the unoccupied residential single family unit.
SCHEDULE SWRD
RESIDENTIAL FINANCIAL NEED SERVICE DISCOUNT
(Effective 10/01/02)
A PPl ,lC, A TION
Applicable for residemial family-unit solid waste collection and fir recycling collection and processing
services. A family unit includes each unit of a duplex or triplex, each living unit of a residemial lot, and
any unit or living space in which a person or single family resides.
Ol IA 1 ,IFIC, A TION
Residents who wish ~o apply for the Residemial Financial Need Service Discount shall qualify for the
discoum by meeting the established guidelines for the existing Plus One Program.
Dl,qCC)l INIT TF, RM
The discount is effective for a period of no longer than twelve (12) months. The discount requires re-
application annually.
MONTHI ,Y DI,qCOI INIT R ATF,
Reduction of Residential Solid Waste Service charges by $3.50 per thirty- (30) days.
SCHEDULE SWC
CC)MMF, RCIAI, ANT) 1N~qTITI JTIONAI, ~qC)I ,ID WA~qTF, CC)I ,I ,F, CTION ~qF, RVICF,~q
(Effective 10/01/02)
A PP! ,lC A TION
Every owner, occupant, tenant, or lessee of any business, commercial, or institutional property not
entitled to receive residential refuse collection service shall be required to have commercial solid waste
collection service provided by the City of Denton.
MC)NTHI ,Y R A TF,
A. PERMANENT CONTAINER SERVICE (Long Term Scheduled Service)
In addition to the container service listed in this subsection, these rates also include the collection of up
to four (4) bulky items, per month, per account, and yard waste collection services.
1. 8 CIIlalIC YARD CCINTAINF, R
Front Load
Pickups Cubic Yards Rate Per
Per Week Per Week ~f} D~v~
1 8 $92.18
2 16 $177.09
3 24 $268.13
4 32 $360.78
5 40 $455.16
6 48 $551.23
2. 6 CIIFIIC YARD CIDNTA1NF, R
Front Load
Pickups Cubic Yards Rate Per
Per Week Per Week ~O D~v~
1 6 $76.10
2 12 $146.19
3 18 $221.42
4 24 $297.96
5 30 $375.88
6 36 $455.25
3. 4 CIIFIIC YARD CIDNTA1NF, R:
From Load Side Load
Pickups Cubic Yards RSe Per RSe Per
Per Week Per Week qO Dav~ qO Dav~
1 4 $58.69 $65.59
2 8 $112.63 $125.87
3 12 $170.49 $190.46
4 16 $229.43 $256.21
5 20 $289.63 $323.31
6 24 $350.64 $391.28
4. 3 ClinIC YARD CONITA1NF, R:
From Load Side Load
Pickups Cubic Yards RSe Per RSe Per
Per Week Per Week qO Dav~ qO Dav~
1 3 $47.95 $53.60
2 6 $91.95 $102.80
3 9 $139.30 $155.68
4 12 $187.58 $209.55
5 15 $236.77 $264.41
6 18 $286.88 $320.26
5. 2 CIIFIIC YARD CONTA1NF, R:
From Load Side Load
Pickups Cubic Yards RSe Per RSe Per
Per Week Per Week qO Dav~ qO Dav~
1 2 $46.91 $52.56
2 4 $90.91 $101.76
3 6 $138.26 $154.64
4 8 $186.54 $208.51
5 10 $235.73 $263.37
6 12 $285.84 $319.22
Note that two (2) yard and all side load container services are no longer available to new
customers. Customers currently receiving two (2) yard or side load container services that
discontinue these services may not reinstate them at any time in the future.
6. CONTA1NF, R F, XTRA ~qF, RVICF,:
Type of
Container ~qervice Fee
(while track is on-site - for a refill and extra pickup)
2 CY container
3 CY container
4 CY container
6 CY container
8 CY container
$21.50 per pickup
$26.35 per pickup
$31.25 per pickup
$41.00 per pickup
$50.75 per pickup
6 CY compactor
$70.24 per pickup
In addition to the Container Service Charge, an additional $35.00 service charge is applied if the truck
is called in from off-site to perform the extra service. On site waiting time in excess of fifteen (15)
minutes will be charged to the Customer at the rate of $70.00 per hour.
7. CART ~qF, RVICF,:
Cart service is not available city-wide. In those areas where cart collection is available, small quantity
waste generators may contract for once a week cart service.
One (1) pickmp per week ~ervice:
Number of Carts _1_ 2
300 gallon (nominal)
90 gallon (nominal)
60 gallon (nominal)
$38.00 $78.00
$15.00 $28.00
$13.00 ........
Extra services performed while on-site will be provided at the one-cart rates listed above.
8. HAND CIDI,I,F, CTF, D COMMF, RCIAI, ~qF, RVICF,:
The rate for hand collected commercial accounts will be the rate charged for a three (3) cubic yard
container serviced one time per week; or a rate established by the Solid Waste Department to recover
the cost of service, whichever is greater.
B. TF, MPIDR ARY CIDNITAINIF, R ~qF, RVICF,:
Type of
Container Monthly Renml
3 CY container $29.75
4 CY container $32.87
6 CY container $41.34
8 CY container $54.06
$53.74 per pickup
$56.03 per pickup
$63.76 per pickup
$75.97 per pickup
The use of a temporary container requires minimum service of at least once per month.
C. RIDIJ,-IDFF CONTA1NIF, R ~qF, RVICF, - IINICOMPACTFD:
Type of
9
(Open-Top)
Container Monthly Renml
15 CY open top $63.60
20 CY open top $77.25
30 CY open top $88.90
40 CY open top $100.00
$159.30 per pickup
$207.70 per pickup
$265.75 per pickup
$344.00 per pickup
The use ora temporary roll-off container requires minimum service of at least once per month.
D. ROI J,-OFF CONTA1NFR ~qFRVICF, - COMPACTFD:
Type of
Container Monthly Renml
20 CY compactor $190.80
25 CY compactor $283.20
30 CY compactor $321.55
42 CY compactor $368.40
$184.00 per pickup
$238.05 per pickup
$267.05 per pickup
$302.45 per pickup
(Compactor)
E. 6 CY COMPACTOR:
Pickups Rate Per
Per Week q0 Day~
1 $212.95
2 $425.90
3 $638.86
F. ~qHARF, D COMMFRCIAI, CONTAINF, R~q:
Shared commercial containers will be limited on a cubic yardage basis to a minimum of one (1) cubic
yard per customer. The maximum number of customers with shared accounts per dumpster size is as
stated.
Container ~qiTe Maximum Number of Cn~tomem
2 CY 2
3 CY 3
4 CY 4
6 CY 6
8 CY 8
G. M1NIMIA4 COMMFRCIAI, CHARGF,:
A minimum charge of $15.00 per thirty- (30) days will be charged to all commercial solid waste
customers served with front-load and side-load containers.
10
H. ~qPF, CIAI, WA~qTF,:
Denton's acceptance and disposal of Special Waste is defined by the State of Texas in the Texas
Municipal Solid Waste Management Regulations and is conditional upon the waste requested for
disposal. Acceptance of special waste is subject to Federal and State laws and regulations, and the
City of Denton has the fight to refuse to accept special waste at their discretion. Charges (approved
by the Director of Solid Waste) for the acceptance and disposal of special waste will be established
based on the type of special waste accepted, and the requirements for disposal of the waste.
I. IDTI-IF, R CHARGF,~q
A delivery fee of $45.00 per container will be charged to all customers for roll-off containers.
A delivery fee of $35.00 per container will be charged to all other customer for containers.
A relocation fee of $35.00 will be charged for each roll-off container that is relocated at the customer's
site(s).
A $50.00 fee will be charged for each request for same day pickup service for roll-off customers who
receive pickup service upon demand. The Solid Waste Department Customer Relations Division must
receive notification prior to 10:00 a.m. on the day service is requested in order to provide same day
pickup service.
Containers that are inaccessible at the time of collection will incur an additional fee if the customer
requests that the driver return to the container(s) to provide service. The fee will be $45.00 for roll-off
containers, and $35.00 for all other containers.
A $112.00 fee will be charged for container lock installations provided by the City of Denton.
A fee of $70.00 will be charged for container lock removal.
A fee of $300.00 will be assessed to all commercial customers who have containers whose waste
weighs in excess of prescribed City limits. Loaded side load containers shall not exceed a total weight
of one ton. Loaded front load containers shall not exceed a total weight of two tons. Roll-off container
materials shall not exceed twelve tons. Tickets and/or frees for overweight loads are the responsibility
of the customer.
A minimum of once per week pickup service is required for containers in which putrescible (food)
waste is placed.
Up to four (4) bulky items per customer, per month, will be picked up from each permanent commercial
account customer at no additional charge. For this service, commercial customers must call the Solid
Waste Customer Relations Division (940-349-8420) by 5:00 p.m. on the Wednesday before the first
Thursday pickup. Bulky items shall not be placed near or adjacent to containers prior to 48 hours
before the scheduled tn'st Thursday pickup. A service fee of $35.00 shall be charged, along with an
additional fee of $10.00 per bulky item, for each bulky item in excess of four (4) bulky items collected.
In addition to the service fee of $35.00, a $30.00 charge will be assessed for overflowing and excess
waste for each cubic yard of waste outside the container.
There are no fees for the collection of appliances, which do not contain either polychlorinated biphenyls
(PCB's) or chlorofluorocarbons (CFC's). There are no charges for the collection of appliances which
have contained either polychlodnated biphenyls (PCB's) or chlorofluorocarbons (CFC's), if the
customer provides a certificate of documentation from a certified technician qualified to remove these
products indicating that the PCB's or CFC's have been properly removed for disposal. For appliances
that contain either PCB's or CFC's for which no approved removal documentation is provided, there
will be a $50.00 charge per appliance.
Eight bulky items per month may be delivered by Denton's solid waste customers to the landfill for
disposal at no charge, except for those appliances containing PCB's or CFC's.
Other commercial services may be provided at fees established by the Solid Waste Department, and
approved by the Director of Solid Waste. The fees established will recoup the costs of the special
services provided.
A Commercial Solid Waste service deposit, if required, will be charged based on two months of the
estimated billing amount. If this figure is under-projected, additional deposit funds will be required.
12
SCHEDULE SWL
~ANITAR¥ ! ANDFI! J~ ~FRVICF,~
(Effective 10/01/02)
A. CITY OF DENTON USERS:
$32.50 per ton
A PPI ,lC A TION
Applicable to individuals and commercial entities that use the City's sanitary landfill site, with solid waste
originating inside the city limits of Denton, Texas. Customers bringing mixed loads of solid waste, other
waste, and bulky items to the landfill will be charged the landfill rate.
B. OUTSIDE THE CITY OF DENTON USERS: $37.50 per ton
A PPl ,lC A TION
Applicable to individuals and commercial entities that are not residents of the City of Denton or any
customer with solid waste or yard waste that does not originate inside the city limits of Denton, Texas.
C. MINIMUM CHARGE:
There shall be a $5.00 minimum charge for all materials delivered to the landfill.
D. OUTSIDE THE CITY SOLID WASTE CONTRACT HAULERS:
The City Manager or his designee may enter into contracts with outside the City of Denton solid waste
haulers for the regular use of the Denton sanitary landfill site at various negotiable rates and terms
beneficial to the citizens of Denton.
All such contracts may contain conditions of operation, disposal, and delivery as the City Manager or
his designee shall determine necessary for the efficient operation of the Denton landfill site and the
method of billing and collection for such use.
E. TIRES: Charoe Per Tire
1. Automobile/Pickup tires not $5.00
shredded, quartered or halved.
2. Commercial/Industrial truck tires $7.00
not shredded, quartered or halved.
3. Off-road tires larger than a 24.5" $15.00
wheel diameter
13
F. SPECIAL WASTE:
Denton's acceptance and disposal of Special Waste as defined by the State of Texas in the Texas
Municipal Solid Waste Management Regulations is conditional upon the waste requested for disposal.
Acceptance of special waste is subject to Federal and State laws and regulations, and/or the City of
Denton policy. The landfill has the fight to refuse or accept special waste at their discretion.
G. LANDSCAPE WASTE:
1. Whole trees and stumps.
2. Clean bagged or un-bagged grass, leaves
or brash in less than twelve (12') foot lengths
3. Clean bagged or un-bagged grass, leaves,
or brash greater than twelve (12') lengths
4. Contaminated grass, leaves, or brash
of any length.
There will be a minimum charge of $5.00 per load.
$45.00 per ton
$15.00 per ton
$25.00 per ton
$32.50 per ton (City of Denton)
$37.50 per ton (Outside City of Denton)
H. INERT MATERIALS: (Recyclable) $7.50 per ton
ASPHALT/CONCRETE/BRICK/BLOCK
This includes clean uncontaminated loads of brick, block, millings, concrete, asphalt, and road-base
which may be recycled. Periodically these materials may be sold to Denton's citizens.
I. BULKY ITEMS: $32.50 per ton
Eight bulky items per customer, per month may be delivered by Denton's solid waste customers to the
landfill for disposal for no additional charge, except for appliances containing PCB's or CFC's. For
appliances, which contain PCB's or CFC's for which no certified removal documentation is provided,
there will be a $50.00 charge per appliance.
J. UNSECURED LOADS:
In compliance with State regulations, solid waste loads that are not adequately secured with a tarpaulin
or other tie-downs that prevent the material from spilling will be charged an Unsecured Load Charge of
$15.00 for each load.
14
K. STATE LANDFILL SURCHARGE: (SWL)
A fee of $1.25 per ton (or such other fee as the State may assess) will be assessed on all waste
delivered to the landfill for disposal to compensate for the State of Texas landfill surcharge.
SECTION 9. That the Director of Solid Waste of the City of Denton is authorized to deny the use of
the City of Denton landfill to customers for providing false information regarding the residency of the
individual or the origin of the solid waste.
,qF, C, TIIDNI ~ That it is in the public interest that the provisions of Sections 26-3, 26-4, 26-5, 26-7,
26-8(a), and 26-9 of Article I of Chapter 26 of the City of Demon Code of Ordinances shall expressly
apply to City of Denton Solid Waste service.
SECTION 4 That all ordinances or parts of ordinances in force when the provisions of this ordinance
became effective which are inconsistent, or in conflict with the terms or provisions contained in this
ordinance are hereby repealed to the extent of any such conflict.
,qF, CTIONI 5 That if any section, atbsection, paragraph, sentence, clause, phrase, or word in this
ordinance, or the application thereof to any person or under any circumstances is held invalid by any
court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
,qF, CTIONI 6 That this ordinance shall become effective, charged, and applied to all solid waste
services rendered on and after October 1, 2002; and a copy of said rates, fees, and charges shall be
maintained on file in the Office of the City Secretary.
PASSED AND APPROVED this the
day of ., 2002.
EULINEBROCK, M AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
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Agenda 02-029 09/03/02 #20
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Utility Administration
Howard Martin, 349-8232
SUBJECT
Consider approval of the Electric, Water, Wastewater, Solid Waste, and Miscellaneous Rate
Ordinances for FY 2003.
BACKGROUND
Proposed FY 2003 utility budgets and CIPS were approved by the PUB on July 15th' , and have
been submitted to City Council for review by July 31st. The proposed rate ordinances included
in this agenda are designed to recover the cost of service for each utility and provide a positive or
breakeven net income.
During the budget review process, the PUB reviewed various Solid Waste proposed rate changes
that were necessary to support the proposed FY 2003 budget and CIP. Those proposed rate
changes are incorporated into this agenda for Board approval. Base rate increases for Water and
Wastewater were reviewed as options for FY 2003, but the final determination was to defer any
rate increase from FY 2003 to FY 2004 and beyond. No Electric rate changes were discussed
during the budget/CIP review.
SUMMARY
No base rate increases are proposed for the Electric, Water or Wastewater utilities. The various
Solid Waste rate changes discussed during the budget review are outlined in greater detail below.
A few Water, Wastewater and Miscellaneous rate changes are also proposed for FY 2003.
ELECTRIC RATE RECOMMENDATIONS
ECA Rate - In accordance with the ECA rate ordinance, the Board will review the ECA
rate on a quarterly basis during the last month of each quarter. A recommended ECA rate
to the Board at its September 16 meeting. The current approved ECA
will be presented th
rate through September 30, 2002 is $0.025/KWH.
The electric department is continuing to analyze the base electric rate tariffs to determine if
changes to the existing rate structure will be required in the current deregulated market.
WATER RATE RECOMMENDATIONS
Revise the Wholesale Raw Water Rate (WRW) applicable to Upper Trinity Regional
Water District (UTRWD). The FY 2003 City of Dallas wholesale untreated water rate is
projected to be $0.3927/1,000 gallons, a decrease of 6.4% from the existing rate of
$0.4194/1,000 gallons. Denton's raw water wholesale rate to UTRWD, which is set at
85% of Dallas's wholesale untreated water rate, will correspondingly decrease from the
existing price of $.3565/1,000 gallons to $.3338/1,000 gallons. This rate is determined by
the terms efthe raw water contract between Denton and UTRWD.
WASTEWATER RATE RECOMMENDATIONS
Establish a rate for a new compost product under the Compost & Wood Mulch rate
schedule (CWM). The new compost, called Dyne Lite, does not contain any wastewater
bieselids. It is in response to customer requests for a sludge-free product that can be used
on vegetable gardens and for potting soil. Due to the fact that it takes a significantly
longer period to process Dyne Lite into a finished product, the recommended rate for
Dyne Lite is higher than for Dyne Soil or Dyne Dirt.
Compost Product
Rate per Cubic Yard
Dyno Lite $ 30.00
Revise the rate charged for uncontaminated bagged or unbagged grass clippings, brush,
or leaves under the Grass/Brush/Leave rate schedule (GBL) for those customers who
choose to deliver to the landfill. Under the ordinance, professional landscapers, tree
trimmers, and yard maintenance personnel are required to bring these items to the landfill
for disposal. The current rate does not cover the cost of the grinding operation required
to reduce the material to a size necessary to produce compost and mulch.
Grass/Brush Leaves
Current Rate Proposed Rate
(per ton) (per ton)
Uncontaminated in less than twelve foot length
Uncontaminated in greater than twelve foot length
$10.00 $15.00
$15.00 $ 25.00
There will be a minimum charge of $5.00 per load.
SOLID WASTE RATE RECOMMENDATIONS
· Establish containerized rates. The recommended rates per thirty days are:
Number of Containers
300 Gallons (Nominal)
90 Gallons (Nominal)
60 Gallons (Nominal)
35 Gallons (Nominal)
1
$38.OO
$15.00
$13.00
$12.00
2
$78.00
$28.00
(commercial only)
(residential/commercial)
(residential/commercial)
(residential only)
Establish a monthly residemial solid waste base rate of $11.00 / 30 days for an
unoccupied residence which is vacam for greater than 60 days.
Establish the monthly Curbside Recycling Fee of $1.99 / 30 days. The Contractor's "pass
through" fee of $1.47, plus the Recycling Support Fee of $0.52 will be billed monthly.
The Recycling Support Fee funds administrative costs, contract management, and
container purchases.
Establish the Residential Solid Waste Services Discount Rate, which reduces monthly
Residential Solid Waste Service charges by $3.50 per thirty days. Residents who wish to
apply for the discount qualify by meeting established guidelines for financial need. The
discount would be effective for no longer than 12 months and would require
re- qualification annually.
Provide for a Commercial From Load and Side Load comainer rate increase of 3.9%. The
commercial From Load and Side Load recommended rates are as listed. These rates
include the collection and disposal of four bulky items per month and yard waste
collection services.
Front Load
Frequency/Week 1 ~ ~ ~ ~ ~
2 CY $46.91 $90.91 $138.26 $186.54 $235.73 $285.84
3 CY $47.95 $91.95 $139.30 $187.58 $236.77 $286.88
4 CY $58.69 $112.63 $170.49 $229.43 $289.63 $350.64
6 CY $76.10 $146.19 $221.42 $297.96 $375.88 $455.25
8 CY $92.18 $177.09 $268.13 $360.78 $455.16 $551.23
Side Load
Frequency/week 1 ~ ~ ~ ~ ~
2 CY $52.56 $101.76 $154.64 $208.51 $263.37 $319.22
3 CY $53.60 $102.80 $155.68 $209.55 $264.41 $320.26
4 CY $65.59 $125.87 $190.46 $256.21 $323.31 $391.28
Establish a hand-collected commercial service rate based on a minimum of the rate for a
three cubic yard comainer serviced one time per week.
Provide a Temporary Front Load container rate increase of 2%.
Temporary Service From Load Container
Rent Pickup
3 CY $29.95 $53.74
4 CY $32.87 $56.03
6 CY $41.34 $63.76
8 CY $54.06 $75.97
Establish minimum service of once per month for temporary containers.
Provide a Commercial Minimum Rate decrease from $22.50/30 days to $15.00/30 days.
This rate is charged to customers that generate one cubic yard or less of waste per week
and are serviced with metal containers.
Establish a minimum landfill charge of $5.00. The minimum landfill charge of $5.00 is
proposed to fund costs incurred by these customers.
Add clean brick and block to the Inert Materials (Recyclable) rate of $7.50 per ton. These
materials are not landfilled, and are temporarily stored for reuse by the City or a City of
Denton Solid Waste customer.
Provide for the disposal of eight bulky items per month per solid waste customer
delivered to the landfill by the customer at no charge.
Increase the unsecured load (materials not tarped or tied down) rate to $15.00 per load.
The yard waste rates stated in the Wastewater rate ordinance above will also be listed in
the Landfill rate ordinance. A minimum charge of $5.00 per load is recommended.
MISCELLANEOUS RATE RECOMMENDATIONS
The following changes are recommended for the FY 2003 miscellaneous service fees:
· Add an after business hours connection charge of $20.00 per utility connected after
regular business hours.
· Add an after business hours delinquent service charge of $50.00 for service reconnection
after regular business hours.
Establish an Unauthorized Usage Penalty of $25.00. Applicable to any customer who
fails to request connection of services with 24 hours of occupancy in new service location
if service is still in previous occupants name.
Establish a minimum Meter Tampering and/or Damage charge of $175.00. Applicable to
any person who tampers with, damages, or illegally connects to a city electric, water, or
wastewater meter.
Establish a Meter Inaccessibility Charge of $35.00. Applicable to any customer who
prevents the regular and routine reading, maintenance, repair or removal of any city
meter due to inaccessibility of the meter.
· Set the interest rate earned on customer deposits to 2.25%, the rate will be fled to the
Denton Area Teachers Credit Union Certificate of Deposit one-year rate.
Add a late payment charge of $10.00 to be assessed on the ~h business day following the
due date. The charge will help cover administrative costs of initiating collection on past
due accounts.
Add a requirement for a commercial customer service deposit of an amount equal to 1/6
of the last 12 months billing if service has been disconnected for nonpayment.
Add an interest charge of 1% / month to be assessed on account balances unpaid at the
time of the current month's billing calculatior[ However, the actual interest rate charged
will not exceed the legal rate of interest.
FISCAL SUMMARY
The rates and charges included in the utility rate ordinances provide the revenues necessary to
cover the cost of service to customers.
EXHIBITS
ii.
iii.
IV.
V.
FY 2003 Electric Rate Ordinance
FY 2003 Water Rate Ordinance
FY 2003 Wastewater Rate Ordinance
FY 2003 Solid Waste Rate Ordinance
FY 2003 Miscellaneous Rate Ordinance
Respectfully submitted:
Howard Martin, ACM Utilities
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE
SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PROCEDURES
FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND TAXPAYERS
CONTAINED IN ORDINANCE NO. 2001-336; AMENDING THE ELECTRIC AND WATER
CONNECTION CHARGE TO iNCLUDE ELECTRIC SERVICE REQUESTED AFTER
BUSINESS HOURS CHARGE AND WATER SERVICE REQUESTED AFTER BUSINESS
HOURS CHARGE; AMENDING THE DELINQUENT SERVICE CHARGE TO INCLUDE A
RECONNECT CHARGE AFTER BUSINESS HOURS; ADDING UNAUTHORIZED USAGE
PENALTY; CHANGING THE NAME OF THE METER READING AND TEST CHARGES
RATE SCHEDULE TO METER CHARGES; ADDING A METER TAMPERING AND/OR
DAMAGE CHARGE; ADDING METER iNACCESSiBiLiTY CHARGE; AMENDING THE
SERVICE DEPOSITS FOR COMMERCIAL CUSTOMERS TO REQUIRE DEPOSIT IF
SERVICE DiSCONTiNUED FOR NON PAYMENT; ADDING A LATE PAYMENT
CHARGE DUE ON DELINQUENT BALANCES; ADDING AN INTEREST CHARGE ON
PAST DUE BALANCES; PROVIDING FOR A REPEALER; PROVIDING FOR A
SEVERABiLiTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the schedule of charges for general utility services as generally
provided for in Chapter 26 of the Code of Ordinances; and for services to other City of Denton
customers and taxpayers, are hereby established as follows:
SERVICE CHARGES AND PROCEDURES SCHEDULES
A. ACCOUNT CONNECTION AND RECONNECTiON CHARGES PAGE
Electric Meter Installation Charge
Electric and Water Meter Connection Charge
Delinquent Service Charge
Unauthorized Usage Penalty
3
3
4
4
METER CHARGES
Meter Reading
Meter Testing
5
5
EXHIBIT V
Meter Tampering and/or Damage Charge
Meter Inaccessibility Charge
5
6
Co
MISCELLANEOUS FEES, CHARGES AND DEPOSITS
Returned Payment Charge
Service Deposits
Late Payment Charge Due on Delinquent Balances
Interest Charge on Past Due Account Balance
Credit Report Charge
Interest Earned on Contract Retainage
7
7
8
8
9
9
Page 2
ACCOUNT CONNECTION AND RECONNECTION CHARGES
For the purposes of this rate
Friday, 8:00 AM to 5:00 PM.
(Effective 10/01/02)
schedule, business hours
shall be defined as Monday
through
APPLICATION
ELECTRIC METER INSTALLATION CHARGE
Applicable when a customer requests electric service on a first time
service previously existed and where a new account number is established.
First Service Requested
$20.00
First Service Requested, after
business hours
$30.00
CHARGE
basis
where no permanent
ELECTRIC AND WATER METER CONNECTION CHARGE
APPLICATION
Applicable when a customer requests service at an address which has existing or previous
service, with an existing account number and history, and the electric and/or water meter must be
installed or activated for readiness.
CHARGE
Electric Service Requested
Water Service Requested
$10.00
$10.00
Electric Service Requested, after
Business Hours
$20.00
Water Service Requested, after
Business Hours
$20.00
Page 3
DELINQUENT SERVICE CHARGE
APPLICATION
Applicable when a customer's account is processed for disconnection due to nonpaymem.
CHARGE
Delinquem Service Charge
Reconnect Charge, after
Business Hours
$20.00
$5O.OO
UNAUTHORIZED USAGE PENALTY
APPLICATION
Applicable to any customer that fails to request connection of services within 24 hours of
occupancy in a new service location.
CHARGE
Unauthorized Usage Penalty $25.00
Page 4
METER CHARGES
(Effective 10/01/02)
METER READING
APPLICATION
Applicable to any electric or water utility customer who requests a reading of a city meter due to
a contested billing more than twice in the previous twelve (12) months, and no error is found.
CHARGE
Per Additional Reading $20.00
APPLICATION
METER TESTING
Applicable to any customer who requests the testing of a city meter previously tested within the
past four (4) years and the meter is found to be within accuracy standards.
CHARGE
Per Test
ACCURACY STANDARDS
$25.00/KWH Electric Meter
$35.00/KW/KWH Electric Meter
A meter is defined as within accuracy standards when found to be plus or minus two percent
(2%) or less.
METER TAMPERING AND/OR DAMAGE CHARGE
APPLICATION
Applicable to any person that tampers with, damages,
water, or wastewater utility system.
CHARGE
Per Event
or illegally connects to a city electric,
$175.00 minimum per connection per system
Page 5
METER INACCESSIBILITY CHARGE
APPLICATION
Applicable to any customer who prevents the regular and routine reading, maintenance, repair or
removal of any city meter due to inaccessibility of the meter.
CHARGE
Per event $35.00
Page 6
MISCELLANEOUS FEES, CHARGES, AND DEPOSITS
(Effective 10/01/02)
RETURNED PAYMENT CHARGE
APPLICATION
Applicable when a customer's or taxpayer's check, or money order, or bank draft for payment of
fees, fines, court costs, taxes, utilities, or other charges has been dishonored by the maker's bank
and returned to the City of Denton unpaid.
CHARGE
Per Check $25.00
SERVICE DEPOSITS
APPLICATION
Applicable when a residential customer requests utility service in the City of Denton service area
and does not have twelve (12) months of good credit standing with the City of Denton or another
utility system for the type of service requested, or does not have a co-signer with twelve (12)
months of good credit standing with the City of Denton, or does not request and demonstrate a
passing credit rating through a credit reporting agency.
Applicable when a commercial customer does not have twenty-four (24) months of good credit
standing with the City of Denton, or a commercial letter of good credit from another utility
system. Not applicable when a commercial customer provides an irrevocable letter of credit to
the City of Denton as security for payment.
CHARGE
Residential Customer
$150.00 or an amount equal to 1/6 of the last
12 months of billing at the service location.
If utility service is disconnected for non-
payment, then the customer will be required
to pay a deposit sum up to but not greater
than 1/6 of the last 12 months of billing at
the service location.
Commercial Customer
$300.00 or an amount equal to 1/6 of the last
12 months of billing at the service location,
whichever is greater. If utility service is
disconnected for non-payment, then the
customer will be required to pay a deposit
Page 7
sum equal to 1/6 of the last 12 months of
billing at the service location.
Deposits will earn interest for the customer. The applicable rate of interest will be fled to the
one-year Certificate of Deposit (CD) Rate at Denton Area Teachers Credit Union (DATCU),
excluding promotions, as of October 1, 2002. The DATCU rate is being used as a benchmark
because it proposes the most favorable rate of return to the customer on a one year CD within the
City of Denton. If refund of deposit is made within thirty (30) days of receipt of deposit, no
interest payment will be made. If the City retains the deposit more than thirty (30) days,
payment of interest, at the current rate, shall be made retroactive to the date the deposit was paid,
A. Payment of the interest to the customer shall be made at the time the deposit is returned
or credited to the customer's account.
B. The deposit shall cease to earn interest on the date it is returned or credited to the
customer's account.
LATE PAYMENT CHARGE DUE ON DELINQUENT BALANCES
APPLICATION
To cover a portion of the administrative costs of collecting past due balances, a late payment
charge shall be assessed on the fifth business day following the due date.
CHARGE $10.00 late payment charge
INTEREST CHARGE ON PAST DUE ACCOUNT BALANCE
APPLICATION
Interest shall be assessed on any past due account balance (excluding late payment charges) that
remains unpaid at the time of the current month's billing calculation. The interest provided for
and assessed herein shall be due and payable on the due date of the current month's billing
statement.
CHARGE
1% / month on all past due charges and account balances
unpaid at the time of the current month's billing
calculation.**
**Under no circrrmstances shall the interest charge provided for herein exceed the legal rate of interest. To the extent that it does so, the charge
is inadvertent, and the City intends only to assess, charge and collect such interest rate that does not exceed the highest lawful rate.
Page 8
CREDIT REPORT CHARGE
APPLICATION
This fee is applicable if the customer (a) cannot provide a satisfactory credit rating through
previous service history with Denton Municipal Utilities or another utility service; or (b) cannot
provide the city with a qualified co-signer, and (c) provides written authorization for the city to
obtain a credit rating from a credit source available to the city.
CHARGE
Charge per credit report
$12.00
INTEREST EARNED ON CONTRACT RETAINAGE
Contract retainage will earn interest for the contractor as provided by TEX. REV. CIV. STAT.
ANN. Article 6252, Sec.5b (Vernon Supp. 1992). The rate of interest will be adjusted semi-
annually to equal the interest rate of a one year United States Treasury Note on October 1 and
April 1 of each year. Payment of the interest shall be made at the time the retainage is paid to the
contractor.
Page 9
SECTION 2. That all ordinances or parts of ordinances in force when the provisions of
this ordinance became effective which are inconsistent, or in conflict with the terms or
provisions contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION3. That if any section, subsection, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereof to any person or circumstances is held invalid by
any court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this ordinance, and the City Council of the City of Demon, Texas, hereby declares it
would have enacted such remaining portions despite any such invalidity.
SECTION 4. That this ordinance shall become effective, charged, and applied to all
services occurring on and after October 1, 2002; and a copy of said fees and charges shall be
maintained on file in the office of the City Secretary.
PASSED AND APPROVED this the
day of ,2002.
EULINEBROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By:
S:\Our Documents\Ordinances\02\Miscellaneous Rate Ordinance - 2002-2003.doc
Page 10
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Agenda 02-029 09/03/02 #21
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Fire
Jon Fortune, Public Safety and Transportation
SUBJECT
Consider adoption of an ordinance approving an imerlocal ambulance agreemem between the
City of, DeNon and the City of, Krum f,or ambulance services; and declaring an effective date.
BACKGROUND
The Imerlocal Agreemem f,or Ambulance Service between the City of DeNon and the City of
Krum began in 1980 and provides f,or the cominuation of, emergency medical services to the
small cities within our service area. The revenue generated from ambulance transport fees only
recovers a small portion of'the actual costs to provide service to the small cities. Since 1998, the
City has incrementally increased the charge to small cities to help recover the actual cost of,
providing the service. In addition to the increasing cost of, providing ambulance service, the
number of, ambulance runs being made to the small cities has cominued to increase. The
proposed per capita charge of, $16.00 combined with ambulance transport fees still recovers only
a portion of'the City's cost to provide service.
PRIOR ACTION/REVIEW
Council approved this agreement last year and in all years since 1980. The contract amount has
changed from $12.00 per capita in FY01-02 to $16.00 per capita in FY02-03. The population
total as recorded by the North Central Texas Council of, Governments has changed from 2060 to
2050.
FISCAL INFORMATION
Cost-recovery from this agreemem will total $32,800 in fiscal year 02-03.
EXHIBITS
Ordinance
Agreemem
Respectfully submitted:
Ross Chadwick
Fire Chief`
ORDINANCE NO.
AN ORDINANCE APPROVING AN INTERLOCAL
BETWEEN THE CITY OF DENTON AND THE CITY
SERVICES; AND DECLARING AN EFFECTIVE DATE.
AMBULANCE AGREEMENT
OF KRUM FOR AMBULANCE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of DeNon hereby approves an Imerlocal
Agreemem for Ambulance Service between the City of DeNon and the City of Krum, a copy of
which is attached hereto and incorporated by reference herein, and the Mayor, or in her absence
the Mayor Pro Tem, is hereby authorized to execute said Agreemem on behalf of the City.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:\Our Documcnts\Ordinancos\02\ambulanco scrvico-krum.doc
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF KRUM
Recitals
The City of Demon curremly provides emergency medical services to the citizens of Demon.
The City of Krum would like to contract with the City of Demon to receive emergency medical
services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safety Code (Vernon 1992)
and the Imerlocal Cooperation Act, Tex. Gov't Code Ann. §791.001, et. seq., (Vernon 1994), a city
may comract to provide emergency medical services to the county or another city.
WHEREAS, both the City of Denton and the City of Krum have the authority to perform the
services set forth in this Agreemem individually and in accordance with Tex. Gov't Code Ann.
§791.011 (c)(2); and
WHEREAS, the City of Krum will make all paymems for services out of available currem
revenues and the City of Demon agrees that the payments made by the City of Krum hereunder will
fairly compensate it for the services performed; NOW, THEREFORE,
WITNESSETH
Apreement
This Agreemem is made on the __ day of
City of Demon, Texas ("Demon"), and the City ofKrum ("Krum").
,2002, between the
The parties agree as follows:
1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground
transportation vehicles used to respond to an individual's perceived need for immediate medical care
and to prevent death or aggravation of physiological or psychological illness or injury.
2. Denton to Provide EMS to Krum. Denton shall provide emergency medical
services to Krum in response to requests for emergency medical services in accordance with this
Agreemem. All requests for emergency medical services for persons residing in the corporate limits
of Krum shall be communicated to Denton in the manner specified by Denton.
3. Discretion in Providing E.M.S. Krum understands that Demon must also respond
to requests for emergency medical services for persons in Denton and that Denton has other
contracts to provide emergency medical services to other entities. Denton shall have the sole right
and discretion, without being in breach of this Agreemem and without liability to Krum, to
determine:
(a) Whether or not to respond to a request for medical emergency service;
S:\Our Documenus\Con/mcus\O2k~mbul~nc~ con/mct-krum.doc
(b) Whether and when personnel or equipmem are available to respond to a request
for emergency medical service;
(c) The order is which to respond to a request for emergency medical service; and
(d) The time in which to respond to a request for emergency medical service.
4. Service Fee. In consideration for providing emergency medical services to Krum, Krum
agrees to pay to DeNon an annual sum of $32,800.00 for fiscal year 2002-2003 based on a
population of 2,050 multiplied by $16.00. The population figure used is comained in the latest
edition of the North Central Texas Council of Governments estimate for January 1, 2002. The
annual paymem shall be paid to DeNon in equal quarterly paymems on or before October 1, January
1, April 1, and July 1, of each annual term. DeNon may, after giving prior notice, suspend service to
Krum during any period of time Krum is delinquem in the paymem of any undisputed service fee.
5. Patient Charges. In addition to the service fee paid by Krum, DeNon may charge and
collect from persons provided emergency medical services, the patiem fees established by ordinance
of Denton.
6. Governmental Immunity Not Waived. Neither DeNon nor Krum waives, nor shall be
deemed hereby to waive, any immunity or defense that would otherwise be available to it against
claims made or arising from any act or omission resulting from this Agreemem.
7. Term. The term of this Agreemem shall be in one-year incremems, beginning on
October 1, 2002 and cominuing to September 30 of the following year and thereafter from year to
year until terminated in accordance with this Agreement.
8. Termination; Default. Either party may terminate this Agreement at any time without
cause by giving 90 days advance notice in writing to the other, specifying the date of termination. If
either party breaches a provision of this Agreemem, the other party shall give the defaulting party
written notice of the default. Should the defaulting party fail to correct the default within thirty days
of the date notice of default is sent, the other party may declare the Agreement terminated. Krum
shall be liable to DeNon pro rata for the paymem of emergency medical services provided up to the
date of termination.
9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the
respective addresses, as follows:
To Denton:
City Manager
City of DeNon
215 E. McKinney
Denton, Texas 76201
To Krum:
Mayor
City of Krum
P.O. Box 217
Krum, Texas 76249
Page 2 of 4
S:\Our Documenus\Con/mcus\O2k~mbul~nc~ con/mct-krum.doc
10. Agreement Not for Benefit of Third Parties. This Agreemem is not imended and
shall not be construed to be for the benefit of any individual or create any duty on Demon to any
third party.
11. Assignment. Neither party shall assign this Agreemem except upon the prior written
consent of the other.
12. Venue. Venue of any suit or cause of action under this Agreemem shall lie exclusively
in Demon County, Texas. This Agreemem shall be construed in accordance with the laws of the
State of Texas.
EXECUTED on the
day of ,2002.
CITY OF DENTON, TEXAS
BY:
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CITY OF KRUM
BY:
MAYOR
Page 3 of 4
S:\Our Documonks\Contracks\02~ambulanco contract-krum.doc
ATTEST:
BY:
SECRETARY
Page 4 of 4
Agenda 02-029 09/03/02 #22
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Fire
Jon Fortune, Public Safety and Transportation
SUBJECT
Consider adoption of an ordinance approving an interlocal ambulance agreemem between the
City of DeNon and the City of Sanger for ambulance services; and declaring an effective date.
BACKGROUND
The Imerlocal Agreemem for Ambulance Service between the City of DeNon and the City of
Sanger began in 1980 and provides for the cominuation of emergency medical services to the
small cities within our service area. The revenue generated from ambulance transport fees only
recovers a small portion of our actual costs to provide service to the small cities. Since 1998, the
City has incrementally increased the charge to small cities to help recover the actual cost of
providing the service. In addition to the increasing cost of providing ambulance service, the
number of ambulance runs being made to the small cities has cominued to increase. The
proposed per capita charge of $16.00 combined with ambulance transport fees still recovers only
a portion of the City's cost to provide service.
PRIOR AC TION/REVIEW
Council approved this agreement last year and in all years since 1980. The contract amount has
changed from $12.00 per capita in FY01-02 to $16.00 per capita in FY02-03. The population
total as recorded by the North Central Texas Council of Governments has changed from 4584 to
4700.
FISCAL INFORMATION
Cost-recovery from this agreemem will total $75,200 for FY02-03.
EXHIBITS
Ordinance
Agreemem
Respectfully submitted:
Ross Chadwick
Fire Chief
ORDINANCE NO.
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of DeNon hereby approves an Imerlocal
Agreemem for Ambulance Service between the City of Demon and the City of Sanger, a copy of
which is attached hereto and incorporated by reference herein, and the Mayor, or in her absence
the Mayor Pro Tem, is hereby authorized to execute said Agreemem on behalf of the City.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:\Our Documcms\Ordinanccs\02\ambulancc scrvicc-sangcr.doc
S:\Our Documonks\Contracks\02~ambulanco contract-sangor.doc
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF SANGER
Recitals
The City of Demon curremly provides emergency medical services to the citizens of Demon.
The City of Sanger would like to contract with the City of Demon to receive emergency medical
services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safety Code (Vernon 1992)
and the Imerlocal Cooperation Act, Tex. Gov't Code Ann. §791.001, et seq., (Vernon 1994), a city
may comract to provide emergency medical services to the county or another city.
WHEREAS, both the City of Denton and the City of Sanger have the authority to perform
the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann.
§791.011 (c)(2); and
WHEREAS, the City of Sanger will make all paymems for services out of available currem
revenues and the City of Demon agrees that the payments made by the City of Sanger hereunder will
fairly compensate it for the services performed; NOW, THEREFORE,
WITNESSETH
Apreement
This Agreemem is made on the __ day of
of Demon, Texas ("Demon"), and the City of Sanger ("Sanger").
,2002, between the City
The parties agree as follows:
1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground
transportation vehicles used to respond to an individual's perceived need for immediate medical care
and to prevent death or aggravation of physiological or psychological illness or injury.
2. Denton to Provide EMS to Sanger. Denton shall provide emergency medical
services to Sanger in response to requests for emergency medical services in accordance with this
Agreemem. All requests for emergency medical services for persons residing in the corporate limits
of Sanger shall be communicated to Denton in the manner specified by Denton.
3. Discretion in Providing E.M.S. Sanger understands that Denton must also respond
to requests for emergency medical services for persons in Denton and that Denton has other
contracts to provide emergency medical services to other entities. Denton shall have the sole right
and discretion, without being in breach of this Agreemem and without liability to Sanger, to
determine:
(a) Whether or not to respond to a request for medical emergency service;
S:\Our Documcnks\Con/racks\02~ambulancc con/ract-sangcr.doc
(b) Whether and when personnel or equipmeN are available to respond to a request
for emergency medical service;
(c) The order is which to respond to a request for emergency medical service; and
(d) The time in which to respond to a request for emergency medical service.
4. Service Fee. In consideration for providing emergency medical services to Sanger,
Sanger agrees to pay to DeNon the sum of $75,200.00 for fiscal year 2002-2003 based on a
population of 4,700 multiplied by $16.00. The population figure used is coNained in the latest
edition of the North Central Texas Council of Governments estimate for January 1, 2002. The
annual paymeN shall be paid to DeNon in equal quarterly paymeNs on or before October 1, January
1, April 1, and July 1, of each annual term. DeNon may, after giving prior notice, suspend service to
Sanger during any period of time Sanger is delinqueN in the paymeN of any undisputed service fee.
5. Patient Charges. In addition to the service fee paid by Sanger, DeNon may charge and
collect from persons provided emergency medical services, the patieN fees established by ordinance
of Denton.
6. Governmental Immunity Not Waived. Neither DeNon nor Sanger waives, nor shall be
deemed hereby to waive, any immunity or defense that would otherwise be available to it against
claims made or arising from any act or omission resulting from this AgreemeN.
7. Term. The term of this AgreemeN shall be in one-year incremeNs, beginning on
October 1, 2002 and coNinuing to September 30 of the following year and thereafter from year to
year until terminated in accordance with this Agreement.
8. Termination; Default. Either party may terminate this Agreement at any time without
cause by giving 90 days advance notice in writing to the other, specifying the date of termination. If
either party breaches a provision of this AgreemeN, the other party shall give the defaulting party
written notice of the default. Should the defaulting party fail to correct the default within thirty days
of the date notice of default is seN, the other party may declare the AgreemeN terminated. Sanger
shall be liable to DeNon pro rata for the paymeN of emergency medical services provided up to the
date of termination.
9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the
respective addresses, as follows:
To Denton:
City Manager
City of DeNon
215 E. McKinney
Denton, Texas 76201
To ~qanger:
Mayor
City of Sanger
P.O. Box 1729
Sanger, Texas 76266
Page 2 of 4
S:\Our Documcnks\Con/racks\02~ambulancc con/ract-sangcr.doc
10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and
shall not be construed to be for the benefit of any individual or create any duty on Demon to any
third party.
11. Assignment. Neither party shall assign this Agreement except upon the prior written
consent of the other.
12. Venue. Venue of any suit or cause of action under this Agreemem shall lie exclusively
in Demon County, Texas. This Agreemem shall be construed in accordance with the laws of the
State of Texas.
EXECUTED on the
day of ,2002.
CITY OF DENTON, TEXAS
BY:
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CITY OF SANGER
ATTEST:
BY:
MAYOR
Page 3 of 4
S:\Our Documonks\Contracks\02~ambulanco contract-sangor.doc
BY:
SECRETARY
Page 4 of 4
Agenda 02-029 09/03/02 #23
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Fire
Jon Fortune, Public Safety and Transportation
SUBJECT
Consider adoption of an ordinance approving an imerlocal ambulance agreemem between the
City of, DeNon and the City of, Ponder f,or ambulance services; and declaring an effective date.
BACKGROUND
The Imerlocal Agreemem f,or Ambulance Service between the City of DeNon and the City of
Ponder began in 1980 and provides f,or the continuation of, emergency medical services to the
small cities within our service area. The revenue generated from ambulance transport fees only
recovers a small portion of'the actual costs to provide service to the small cities. Since 1998, the
City has incrementally increased the charge to small cities to help recover the actual cost of,
providing the service. In addition to the increasing cost of, providing ambulance service, the
number of, ambulance runs being made to the small cities has cominued to increase. The
proposed per capita charge of, $16.00 combined with ambulance transport fees still recovers only
a portion of'the City's cost to provide service.
PRIOR ACTION/REVIEW
Council approved this agreement last year and in all years since 1980. The contract amount has
changed from $12.00 per capita in FY01-02 to $16.00 per capita in FY02-03. The population
total as derived from the Ponder City Secretary has changed from 507 to 522.
FISCAL INFORMATION
Cost-recovery from this agreemem will total $8,352 f,or FY02-03.
EXHIBITS
Ordinance
Agreemem
Respectfully submitted:
Ross Chadwick
Fire Chief`
ORDINANCE NO.
AN ORDINANCE APPROVING AN INTERLOCAL AMBULANCE AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE
SERVICES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council of the City of DeNon hereby approves an Imerlocal
Agreemem for Ambulance Service between the City of DeNon and the City of Ponder, a copy of
which is attached hereto and incorporated by reference herein, and the Mayor, or in her absence
the Mayor Pro Tem, is hereby authorized to execute said Agreemem on behalf of the City.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:\Our Documcnts\Ordinanccs\02\ambulancc service-ponder.doc
S:\Our Documonks\Contracks\02~ambulanco contract-ponder.doc
INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE
BETWEEN THE CITY OF DENTON AND
THE CITY OF PONDER
Recitals
The City of Demon curremly provides emergency medical services to the citizens of Demon.
The City of Ponder would like to contract with the City of Demon to receive emergency medical
services for its citizens. Pursuant to Chapter 774 of the Tex. Health and Safety Code (Vernon 1992)
and the Imerlocal Cooperation Act, Tex. Gov't Code Ann. §791.001, et seq., (Vernon 1994), a city
may comract to provide emergency medical services to the county or another city.
WHEREAS, both the City of Denton and the City of Ponder have the authority to perform
the services set forth in this Agreement individually and in accordance with Tex. Gov't Code Ann.
§791.011 (c)(2); and
WHEREAS, the City of Ponder will make all payments for services out of available current
revenues and the City of Denton agrees that the payments made by the City of Ponder hereunder will
fairly compensate it for the services performed; NOW, THEREFORE,
WITNESSETH
Apreement
This Agreement is made on the __ day of
of Demon, Texas ("Demon"), and the City of Ponder ("Ponder").
,2002, between the City
The parties agree as follows:
1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground
transportation vehicles used to respond to an individual's perceived need for immediate medical care
and to prevent death or aggravation of physiological or psychological illness or injury.
2. Denton to Provide EMS to Ponder. Denton shall provide emergency medical
services to Ponder in response to requests for emergency medical services in accordance with this
Agreemem. All requests for emergency medical services for persons residing in the corporate limits
of Ponder shall be communicated to Denton in the manner specified by Denton.
3. Discretion in Providing E.M.S. Ponder understands that Denton must also respond
to requests for emergency medical services for persons in Denton and that Denton has other
contracts to provide emergency medical services to other entities. Denton shall have the sole right
and discretion, without being in breach of this Agreemem and without liability to Ponder, to
determine:
S:\Our Documenus\Con/mcus\02k~mbul~nc~ con/mct-pond~r.doc
(a) Whether or not to respond to a request for medical emergency service;
(b) Whether and when personnel or equipmeN are available to respond to a request
for emergency medical service;
(c) The order is which to respond to a request for emergency medical service; and
(d) The time in which to respond to a request for emergency medical service.
4. Service Fee. In consideration for providing emergency medical services to Ponder,
Ponder agrees to pay to DeNon the sum of $8,352.00 for fiscal year 2002-2003 based on a
population of 522 multiplied by $16.00. The population figure used is based on the most receN
figure available from the Ponder City Secretary's office. The annual paymeN shall be paid to
DeNon in equal quarterly paymeNs on or before October 1, January 1, April 1, and July 1, of each
annual term. DeNon may, after giving prior notice, suspend service to Ponder during any period of
time Ponder is delinqueN in the paymeN of any undisputed service fee.
5. Patient Charges. In addition to the service fee paid by Ponder, Denton may charge and
collect from persons provided emergency medical services, the patieN fees established by ordinance
of Denton.
6. Governmental Immunity Not Waived. Neither DeNon nor Ponder waives, nor shall be
deemed hereby to waive, any immunity or defense that would otherwise be available to it against
claims made or arising from any act or omission resulting from this AgreemeN.
7. Term. The term of this AgreemeN shall be in one-year incremeNs, beginning on
October 1, 2002and coNinuing to September 30 of the following year and thereafter from year to
year until terminated in accordance with this Agreement.
8. Termination; Default. Either party may terminate this Agreement at any time without
cause by giving 90 days advance notice in writing to the other, specifying the date of termination. If
either party breaches a provision of this AgreemeN, the other party shall give the defaulting party
written notice of the default. Should the defaulting party fail to correct the default within thirty days
of the date notice of default is seN, the other party may declare the AgreemeN terminated. Ponder
shall be liable to DeNon pro rata for the paymeN of emergency medical services provided up to the
date of termination.
9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the
respective addresses, as follows:
To Denton:
City Manager
City of DeNon
215 E. McKinney
Denton, Texas 76201
To Ponder:
Mayor
City of Ponder
P.O. Box 297
Ponder, Texas 76259
Page 2 of 4
S:\Our Documenus\Con/mcus\02k~mbul~nc~ con/mct-pond~r.doc
10. Agreement Not for Benefit of Third Parties. This Agreemem is not imended and
shall not be construed to be for the benefit of any individual or create any duty on Demon to any
third party.
11. Assignment. Neither party shall assign this Agreemem except upon the prior written
consent of the other.
12. Venue. Venue of any suit or cause of action under this Agreemem shall lie exclusively
in Demon County, Texas. This Agreemem shall be construed in accordance with the laws of the
State of Texas.
EXECUTED on the
day of ,2002.
CITY OF DENTON, TEXAS
BY:
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
CITY OF PONDER
BY:
Page 3 of 4
S:\Our Documonks\Contracks\02~ambulanco contract-ponder.doc
ATTEST:
MAYOR
BY:
SECRETARY
Page 4 of 4
Agenda 02-029 09/03/02 #24
AGENDA DATE:
DEPARTMENT:
CM/ACM:
AGENDA INFORMATION SHEET
September 3, 2002
Parks and Recreation
Dave Hill, 349-8314
SUBJECT
Consider adoption of an ordinance amending Section 22-38 of Chapter 22 (Parks and
Recreation) of the Code of Ordinances of the City of DeNon, Texas, relating to facility and
program fees by adopting a schedule of fees; repealing all fees in conflict with such schedule;
repealing Ordinance No. 99-311 and all ordinances in conflict with the new schedule of fees; and
providing an effective date.
BACKGROUND
The draft ordinance (attached) makes changes to the schedule of fees for parks and recreation
services that are included in the proposed FY 2002-03 budget. Specifically, fees are adjusted as
follows:
· All room remals and swimming pool remals increased by $1 O/hour
· Adult team registration increased by $10 per team/season
· Program administration fee increased by $1/class for residems, by $1.50 for non-residems
These increases have been previously reviewed as part of the budget review process.
OPTIONS
Not applicable
RECOMMENDATION
Approve as submitted
ESTIMATED SCHEDULE OF PROJECT
If approved, the rates will be effective October 1, 2002.
PRIOR ACTION/REVIEW
These increases have been previously reviewed as part of the budget review process.
FISCAL INFORMATION
The increases will generate $36,609 in additional revenue to offset General Fund operating
expenses.
EXHIBITS
· Ordinance
Respectfully submitted:
Ed Hodney, Director of Parks and Recreation
S:\Our Documents\Ordinances\02\Paxks Facility a~d Program Fees.doc
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 22-38 OF CHAPTER 22 (PARKS AND
RECREATION) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS,
RELATING TO FACILITY AND PROGRAM FEES BY ADOPTING A SCHEDULE OF
FEES; REPEALING ALL FEES IN CONFLICT WITH SUCH SCHEDULE; REPEALING
ORDINANCE NO. 99-311 AND ALL ORDINANCES IN CONFLICT WITH THE NEW
SCHEDULE OF FEES; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS:
SECTION 1. Sec. 22-28 of the Code of Ordinances of the City of DeNon, Texas is
amended to read as follows:
Sec. 22-28. Facility and program fees.
The departmeN of parks and recreation shall charge and collect the fees for the use of
buildings and facilities and for recreational programs, services, and merchandise offered
by the departmeN in the amounts established in a "Schedule of Fees" adopted from time
to time by ordinance of the city council.
The director of the department may set, charge and collect fees for classes, trips,
equipmeN, merchandise, police or supervisory services, and other programs, services,
evens and merchandise provided or offered by the departmeN where no fee is
established in the "Schedule of Fees". The fee or charge shall be based on the costs of
providing the eveN, service, equipmeN or goods.
SECTION 2. The "Schedule of Fees" for FY 2002-2003 and until such time as such
schedule is amended is set forth in Exhibit "A", which is attached hereto and made a part hereof
for all purposes.
SECTION 3. Ordinance No. 99-311 and all ordinances, parts of ordinances, fee
schedules or fees in force when the provisions of this ordinance become effective which are
inconsisteN or in conflict with the terms or provisions coNained in this ordinance are hereby
repealed. Ordinance No. 99-311 excepted, all ordinances, parts of ordinances, fee schedules or
fees not inconsisteN or in conflict with the terms or provisions coNained in this ordinance shall
remain in full force and effect.
SECTION 4. The provisions of this ordinance are separable, and the invalidity of any
phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of
this ordinance.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
Page 1
S:\Our Documents\Ordinances\02\Paxks Facility a~d Program Fees.doc
PASSED AND APPROVED this the
__ day of
,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
Exhibit A
PARKS AND RECREATION FEES
General Fund Only
Effective October 1, 2002
Facili~. Rentals
TYPE
FEE (resident/non-residenO
Full gym ..................................................................... 60.00/65.00 (per hour)
Half gym .................................................................... 30.00/35.00 (per hour)
Recreation center meeting rooms ............................... 20.00/25.00 (per hour)
Civic Center:
· Per hour ................................................................ 50.00
· Per day ................................................................. 500.00
Senior Center multipurpose room .............................. 17.50/22.50 per quadrant
........................... 70.00/90.00 entire room
Swimming pool .......................................................... 40.00/45.00 (per hour)
Athletic field (w/o lights) ........................................... 7.50/10.00 (per hour)
Athletic fields (w/lights) ............................................ 15.00/20.00 (per hour)
Tennis:
· Group court rental (w/o lights) ............................ 3.00/4.50 (per hour)
· Group court rental (w/lights) ............................... 6.00/9.00 (per hour)
Admissions
Daily swimming pool admission:
· Individual child .................................................... 1.75/1.75
· Individual adult .................................................... 2.50/2.50
Season pass pool admission:
· Individual pass ........ ~ ............................................ 40.00/46.00
· Family pass ......................................................... 90.00/105.00
Tennis:
· Individual court use fee ........................................ 1.75 (1 ¥2 hours) during posted hours only
· Individual season pass .......................................... 35.00/40.00
· Family season pass ............................................... 75.00/80.00
TYPE ~ FEE (resident/non-resident)
Adult Sports
Team registration/season ........................................... 130.00/team per season
Park Vendor Sales
One-day booth permit:
· Non-profit vendor ................................................ 15.00
· For-profit .............................................................. 25.00
Park Shelter Reservations
hour reservation:
Small shelter
(capacity: 25 persons)
-Individual/non-profit ........................................ 25.00/30.00
-Commercial ...................................................... 50.00/60.00
Large shelter
(capacity:50 persons)
-lndvidual/no n-profit ......................................... 50.00/60.00
-Commercial ...................................................... 100.00/120.00
Civic Center Garden Reservation
Individual(4 hours) ............................................... 25.00/30.00
Commercial (4 hours) .......................................... 50.00/60.00
Civic Center Park Amphitheater
· Unlighted (1 hour) ................................................ 5.00/10.00
· Lighted (1 hour) ................................................... 10.00/20.00
Program Administration Fee .......... 4.50 (assessed for each program/class registration
per individual, both resident and non-resident)
Non-resident Program Fee ..............5.00 (assessed for each program/class registration
per individual, non-resident only)
This page left blank intemionally.
Agenda 02-029 09/03/02 #25
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Tax
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an ordinance approving the calendar year 2003 ("CY2003") budgets for the
use of hotel tax revenue by the Greater Denton Arts Council, the Denton Chamber of Commerce,
and the North Texas State Fair; and providing an effective date.
BACKGROUND
This comract is the second year of a three-year contract for these agencies. The term of these
comracts are January 1, 2002, through midnight December 31, 2004. Funding for calendar years
2003 and 2004 are dependem upon budget approval by City Council.
PRIOR AC TION/REVIEW
The Hotel Occupancy Tax Committee reviewed the budget applications and recommended
funding allocations to Council during the Work Session on August 8, 2002.
FISCAL INFORMATION
The Hotel Occupancy Tax allocations for these agencies are $493,765 for FY 2002-2003 and
have been included in the 2002-03 Budget.
Exhibit A The Greater DeNon Arts Council $108,161
Exhibit B The DeNon Chamber of Commerce $ 305,584
Exhibit C The North Texas State Fair Association $ 80,020
EXHIBITS
Ordinance
Budgets
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
ORDINANCE NO.
AN ORDINANCE APPROVING THE CALENDAR YEAR 2003 ("CY2003") BUDGETS FOR
THE USE OF HOTEL TAX REVENUE BY THE GREATER DENTON ARTS COUNCIL,
THE DENTON CHAMBER OF COMMERCE, AND THE NORTH TEXAS STATE FAIR;
AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the CY2003 budgets for the use of hotel tax revenue by the Greater
Denton Arts Council, the Denton Chamber of Commerce, and the North Texas Sta~,e Fair,
attached as Exhibits A, B, and C hereto, and .incorporated by reference herein, areI hereby.
approved, subject to the limitations contained v~ithin each entity's currently existing hotel tax
contract with the City of Denton, Texas.
SECTION II. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
2002.
day of ,
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L.
Greater Denton Arts Council
Exhibit A
Program Year 2003
ADVERTISING
Production and Promotion of Shows and Exhibits
Web Design and Maintenance
Materials H & S Promotion
Printing
Public Relations
$ 6,000.00
$ 15,000.00
$ 2,000.00
$ 2,5OO.OO
$ 2,000.00
$ 27,500.00
ART
Materials H &S Exhibit
Workshops ! Educational Programs
Salaries
$ 3,000.00
$ 2,000.00
$ 64,661.00
$ 69,661.00
CONVENTION CENTER
Exhibit Hall
Maintenance
$ 2,000.00
$ 10,000.00
$ 12,000.00
Interest
$109,161.00
$ (1,000.00)
$108,161.00
Denton Chamber of Commerce
Convention and Visitor Bureau
Exhibit B
Current 3 Year Recipient (PY 2002 - 2004)
Program Year 2003
ADVERTISING
Print Advertising $ 46,348
Convention Advertising $ 5,300
Tourism Promotion Material $ 5,300
Brochures $ 17,060
Travel Shows $ 850
Tourism Services $ 18,700
DFW Reg Film Commission $ 3,300
Marquee Billboard $ 14,328
Special Projects $ 1,000
$ 112,186
ADMINISTRATION
Administrative Salaries $ 79,200
Accounting Salary $ 4,900
VP Retirement $ 2,001
VP Car Allowance $ 4,500
Payroll Taxes $ 8,000
Health Insurance $ 5,550
Liability Insurance $ 400
Annual Audit $ 1,200
Travel and Training $ 2,250
Computer Equipment $ 850
Copy Machine $ 220
Warehouse Storage $ 625
Desktop Copier Lease $ 750
Office Supplies $ 1,200
Telephone $ 6,200
Memberships $ 1,850
Printing $ 1,128
Postage $ 3,500
Office Rent $ 14,055
Bid Solicitation / Travel $ 300
$ 138,679
SPORTS ADVERTISING
Convention & Trade Shows $ 9,235
Sports Video $ -
SPORTS ADMINISTRATION
Sales Manager
Health Insurance
Payroll Taxes
Sales Mgr. Car Allowance
Postage
Printing
Travel & Training
Memberships
$ 9,235
Chamber - 2
$ 32,000
$ 3,520
$ 3,000
$ 1,800
$ 5oo
$ 1,500
$ 2,965
$ 75o
$ 46,035
$ 306,135
Interestlncome $ (551)
Total Request $ 305,584
North Texas State Fair Association
North Texas State Fa/r and Rodeo
Current 3 Year Recipient (PY 2002 - 2004)
Program Year 2003
Exhibit C
ADVERTISING
Internet Website (northtexasstatefair.com)
Radio
Newspaper
Printing
Postage
$ 4,800.00
$27,000.00
$10,460.00
$ 4,000.00
$ 7,000.00
$53,260.00
ADMINISTRATION
Administrative Assistant Partial Salary
$26,760.00
$26,760.00
Total Request $80,020.00
Agenda 02-029 09/03/02 #26
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Tax
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the
City of Demon and the Denton Black Chamber of Commerce for the paymem and use of hotel
tax revenue; and providing an effective date.
BACKGROUND
This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This
comract is for a one-year term beginning January 1, 2003, through midnight December 31, 2003.
Allocations are dependem upon requests for funding as well as, availability of revenues.
PRIOR AC TION/REVIEW
The Hotel Occupancy Tax Committee reviewed the budget application and recommended
allocations to Council during the Work Session on August 8, 2002.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this agency is $12,693 for FY 2002-2003 and has been
included in the 2002-03 Budget.
EXHIBITS
Ordinance
Contract
Budget
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
ORDNANCE NO.
AN ORDINANCE AUTHO~ZING THE MAYOR TO EXECUTE AN AGREEt'V~NT
BETWEEN THE CITY OF DENTON AND THE DENTON BLACK CHEER OF
COMMERCE FOR THE PA~E. NT AND USE OF HOTEL TAX ~VENUE; AND
PROVIDING AN EFFECT/Tv'E DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute an agreement between the
City of Denton md the Denton Black Chamber of Commeree for the payment and use of hotel
tax revenue, under the terms and conditions contained in the agreement, a copy of which is
attached hereto and made a part hereoE
SECTION II. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND AJ~PROVED this the
day of : 200Z
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED A S ~T 9_2G-A-E-Fq3Rtvt:~...'
HERBE..R.%b:."PROUTY, CITY ATTOP. aNEY_.d
AGREEMENT BETWEEN THE CITY OF DENTON AND
THE DENTON BLACK CHAMBER OF COMMERCE (CY2003)
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
THIS AGREEMENT made between the City of Demon, Texas, a municipal corporation
(the "CITY"), and the Demon Black Chamber of Commerce, a legal emity existing under the laws
of the State of Texas (the "CHAMBER"):
WHEREAS, TEX. TAX CODE §351.002 authorizes the CITY to levy by ordinance a
municipal hotel occupancy tax ("hotel tax") not exceeding seven percem (7%) of the consideration
paid by a hotel occupant; and
WHEREAS, by ordinance, the CITY has provided for the assessmem and collection of a
municipal hotel occupancy tax in the City of Demon of seven percem (7%); and
WHEREAS, TEx. TAX CODE §351.101(a) authorizes the CITY to use revenue from its
municipal hotel occupancy tax to promote tourism and the convemion and hotel industry by
advertising and conducting solicitations and promotional programs to attract tourists and convention
delegates or registrams to the municipality or its vicinity; and
WHEREAS, the CHAMBER is well equipped to perform those activities; and
WHEREAS, TEX. TAX CODE §351.101(C) authorizes the CITY to delegate by comract with
the CHAMBER, as an independem emity, the managemem and supervision of programs and
activities of the type described hereinabove funded with revenue from the municipal hotel
occupancy tax;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises contained herein, the CITY and the CHAMBER agree and contract as follows:
I. HOTEL TAX REVENUE PAYMENT
1.1 Consideration. For and in consideration of the activities to be performed by the
CHAMBER under this Agreement, the CITY agrees to pay to the CHAMBER a portion of the hotel
tax revenue collected by the CiTY at the rates and in the manner specified herein (such paymems by
the CITY to the CHAMBER sometimes herein referred to as the "agreed payments" or "hotel tax
funds").
1.2 Amount of Payments.
(a)
meanings:
As used in this Agreemem, the following terms shall have the following specific
(i) The term "hotel tax revenue" shall mean the gross monies collected and
received by the City as municipal hotel occupancy tax at the rate of seven percem (7%) of
the price paid for a room in a hotel, pursuam to Texas Tax Code 351.002 and City
Ordinance. Hotel tax revenue will include penalty and interest related to the late
payments of the tax revenue by the taxpayer.
(ii) The term "Collection period" will mean the collection period for the CITY's
fiscal year. it will include hotel tax revenue due to the City for the relevant fiscal year and
collected through the 22nd day of the month following the close of the relevant fiscal year.
(iii) The term "base payment amount" shall mean a net amount of money equal
to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e.,
fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such
relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and
auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY
for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers;
and (2) court costs and other expenses incurred in litigation against or auditing of such
taxpayers.
(iv) The term "contract quarter" shall refer to any quarter of the calendar year in
which this Agreement is in force. Contract quarters will end on March 31st, June 30th,
September 30th, and December 31 st of each contract year.
(b) In return for satisfactory performance of the activities set forth in this Agreement
and all attachments hereto, the CITY shall pay to CHAMBER an amount of money in each
contract year equal to the lesser amount off One and Fifty-One One Hundredths percent (1.51%)
of the annual base payment amount or the fixed contract amount of Twelve Thousand Six
Hundred and Ninety Three Dollars ($12,693). This amount will be divided into quarterly
payments equal to 25% of the annual fixed contract amount, unless the City can show with
reasonable certainty that the annual base payment amount will be less than originally estimated
for the fiscal year. The fourth quarterly payment will represent 25% of the fixed contract amount
or the unpaid remainder of 1.51% of the base payment amount, whichever is less. Each quarterly
payment is subject to receipt of unused funds from the prior contract period and the receipt of the
required quarterly reports.
1.3 Dates of Payments.
(a) The term "quarterly payments" shall mean payments by the CITY to the
CHAMBER of those amounts specified in ¶1.2, above, as determined by the hotel tax revenue
collected.
(b) Each quarterly payment shall be paid upon receipt of the required reports and
after the 25th day following the last day of the contract quarter. If quarterly financial and
performance reports are not received within thirty (30) days of the end of the applicable contract
quarter, the recipient may be held in breach of this Agreement. The CiTY may withhold the
quarterly payment(s) until the appropriate reports are received and approved, which approval shall
not unreasonably be withheld.
1.4 Other limitations regarding consideration.
(a) The funding of this project in no way commits the CITY to future funding of this
program beyond the current contract period. Any future funding is solely the responsibility of the
CHAMBER.
(b) It is expressly understood that this contract in no way obligates the General Fund or
any other monies or credits of the CITY.
(c) CITY may withhold further allocations if CITY determines that CHAMBER's
expenditures deviate materially from their approved budget.
ii. USE OF HOTEL TAX REVENUE
2.1 Use of Funds. For and in consideration of the payment by the CITY to the CHAMBER of
the agreed payments of hotel tax funds specified above, the CHAMBER agrees to use such hotel tax
funds only for advertising and conducting solicitations and promotional programs to attract tourists
and convention delegates or registrants to the municipality or its vicinity; as well as the promotion
of tourism through the encouragement, promotion, improvement, and application of the arts,
including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design
and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio,
television, tape and sound recording, and other arts related to the presentation, performance,
execution, and exhibition of these major art forms, as authorized by T[~x. TAX COD[~ §351.101(a).
Funds for any calendar year which are unused by midnight December 31st of that year shall be
refunded to CITY within thirty (30) days.
2.2 Administrative Costs. The hotel tax funds received from the CITY by the CHAMBER
may not be spent for day-to-day operations, office supplies, salaries, travel expenses, and other
administrative costs.
2.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative costs of the CHAMBER for which hotel tax funds
may be used shall not exceed that portion of the CHAMBER's administrative costs actually
incurred in conducting the activities specified in ¶2.1 above.
(b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an
activity the primary purpose of which is not directly related to the promotion of local tourism and
the convention and hotel industry or the performance of the person's job in an efficient and
professional manner.
iii. RECORDKEEPiNG AND REPORTING REQUIREMENTS
3.1 Budget.
(a) The CHAMBER shall prepare and submit to the City Manager of the CITY an annual
budget (see Exhibit "A") as approved by the City Council for each calendar year, for such
operations of the CHAMBER in which the hotel tax funds shall be used by the CHAMBER. This
budget shall specifically idemify proposed expenditures of hotel tax funds by the CHAMBER. In
other words, the CiTY should be able to audit specifically where the funds in the separate checking
account relating to hotel tax funds will be expended. The CITY shall not pay to the CHAMBER
any hotel tax revenues as set forth in Section i of this contract during any fiscal year of this
Agreemem unless a budget for such respective fiscal year has been approved in writing by the
Demon City Council authorizing the expenditure of funds. Failure to submit an annual budget may
be considered a breach of comract, and if not remedied is considered grounds for termination of this
Agreement as stated in paragraph 4.2.
(b) The CHAMBER acknowledges that the approval of such budget by the Demon City
Council creates a fiduciary duty in the CHAMBER with respect to the hotel tax funds paid by the
CiTY to the CHAMBER under this Agreemem. The CHAMBER shall expend hotel tax funds only
in the manner and for the purposes specified in this Agreemem, TEX. TAX CODE §351.101 (a) and in
the budget as approved by the CITY.
3.2 Separate Accounts. The CHAMBER shall maintain any hotel tax funds paid to the
CHAMBER by the CITY in a separate bank checking account with segregated accounting, such
that any reasonable person can review the source of expenditures of tax funds. A bank
reconciliation report (see Exhibit "B") is required with each quarterly report.
3.3 Financial Records. The CHAMBER shall maintain complete and accurate financial
records of each expenditure of the hotel tax funds made by the CHAMBER. These funds are
required to be classified as restricted funds for audited financial purposes, and may not be used for
supporting services, including, but not limited to, auditing fees and attorney's fees. Upon
reasonably advance written request of the Demon City Council, the City Manager or designate, or
any other person, shall make such financial records available for inspection and review by the party
making the request. CHAMBER understands and accepts that all such financial records, and any
other records relating to this Agreement shall be subject to the Public Information Act, TEX. GOV'T
CODE, ch. 552, as hereafter amended.
3.4 Quarterly Reports. After initial receipt of hotel tax funds, and within thirty days after the
end of every quarter thereafter, umil all funds have been expended and reported to the CITY,
CHAMBER shall furnish to CITY: (1) a performance report of the work performed under this
Agreement describing the activities performed pursuant to this Agreement during that contract
quarter, (2) a list of the expenditures made with regard to hotel tax funds pursuam to TEX. TAX
CODE §351.101(C), and (3) a copy of all financial records (e.g., receipts, invoices, bank statemems,
and other relevam documemation). Both the performance and expenditure reports will be in a form
either determined or approved by the City Manager or designate (see Exhibit "B"). The
CHAMBER shall respond promptly to any request from the City Manager of the CITY, or
designate, for additional information relating to the activities performed under this Agreemem.
3.5 Notice of Meetings. The CHAMBER shall give the City Manager or designate of the CITY
reasonable advance written notice of the time and place of all meetings of CHAMBER's Board of
Directors, as well as any other meeting of any constituency of the CHAMBER at which this
Agreemem or any matter the subject of this Agreemem shall be considered. This provision shall not
be deemed to require the CHAMBER to give notice of any executive session of the Executive
Committee of the CHAMBER.
IV. TERM AND TERMINATION
4.1 Term. The term of this Agreement shall commence on January 1, 2003 and terminate at
midnight on December 31, 2003. This term shall be a period of one year.
4.2 Termination Without Cause.
(a) This Agreement may be terminated by either party, with or without cause, by giving
the other party sixty (60) days advance written notice.
(b) In the event this contract is terminated by either party pursuant to Section 4.2(a),
the CITY agrees to reimburse the CHAMBER for any contractual obligations of the CHAMBER
undertaken by the CHAMBER in satisfactory performance of those activities specified in ¶¶2.1
and 2.2 above and that were approved by the Council through the budget, as noted in ¶3.1. This
reimbursement is conditioned upon such contractual obligations having been incurred and
entered into in the good faith performance of those services contemplated in ¶¶2.1 and 2.2 above,
and further conditioned upon such contractual obligations having a term not exceeding the full
term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of
the CITY to reimburse the CHAMBER or to assume the performance of any contractual
obligations of the CHAMBER for or under any contract entered into by the CHAMBER as
contemplated herein shall not exceed 66 2/3% of the current quarterly payment.
(c) Further, upon termination pursuant to ¶4.2(a), the CHAMBER will provide the
CITY: 1) Within 10 business days from the termination notification, a short-term budget of
probable expenditures for the remaining 60 day period between termination notification and
contract termination. This budget will be presented to Council for approval within 10 business
days after receipt by CITY. if formal approval is not given within 10 business days and the
budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and
is within the current contractual period approved budget; the budget will be considered
approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the
City; 3) Within 5 business days of a request from the CITY, a listing of expenditures that have
occurred since the last required reporting period; 4) a final accounting of all expenditures and tax
funds on the day of termination. The CHAMBER will be obligated to return any unused funds or
funds determined to be used improperly. Any use of remaining funds by the CHAMBER after
notification of termination is conditioned upon such contractual obligations having been incurred
and entered into in the good faith performance of those services contemplated in 2.1 and 2.2
above, and further conditioned upon such contractual obligations having a term not exceeding
the full term of this Agreement.
4.3 Automatic Termination. This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(a) The termination of the legal existence of the CHAMBER;
(b) The insolvency of the CHAMBER, the filing of a petition in bankruptcy, either
voluntarily or involuntarily, or an assignment by the CHAMBER for the benefit of creditors;
(c) The continuation of a breach of any of the terms or conditions of this Agreement by
either the CiTY or the CHAMBER for more than thirty (30) days after written notice of
such breach is given to the breaching party by the other party; or
(d) The failure of the CHAMBER to submit a financial quarterly report which complies
with the reporting procedures required herein and generally accepted accounting principles
prior to the beginning of the next contract term, or quarterly as required by Section 1.3
hereof.
4.4
Right to Immediate Termination Upon Litigation. Notwithstanding any other provision
of this Agreement, to mitigate damages and to preserve evidence and issues for judicial
determination, either party shall have the right to terminate this Agreement upon immediate
notice to the other party in the event that any person has instituted litigation concerning the
activities of the non-terminating party, and the terminating party reasonably believes that
such activities are required or prohibited under this Agreement.
4.5 In the event that this Agreement is terminated pursuant to ¶¶4.3 or 4.4, CHAMBER agrees
to refund any and all unused funds, or funds determined by the CiTY to have been used
improperly, within 30 days after termination of this Agreement.
V. GENERAL PROVISIONS
5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, the agreement by the CHAMBER with another private entity, person, or
organization for the performance of those services described in ¶2.1 above, in the event that the
CHAMBER enters into any arrangement, contractual or otherwise, with such other entity, person or
organization, the CHAMBER shall cause such other entity, person, or organization to adhere to,
conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEx.
TAX CODE ch. 351, including reporting requirements, separate funds maintenance, and limitations
and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds.
5.2 Independent Contractor. The CHAMBER shall operate as an independent contractor as
to all services to be performed under this Agreement and not as an officer, agent, servant, or
employee of the CITY. The CHAMBER shall have exclusive control of its operations and
performance of services hereunder, and such persons, entities, or organizations performing the same
and the CHAMBER shall be solely responsible for the acts and omissions of its directors, officers,
employees, agents, and subcontractors. The CHAMBER shall not be considered a partner or joint
venturer with the CITY, nor shall the CHAMBER be considered nor in any manner hold itself out
as an agent or official representative of the CITY.
5.3 Indemnification. THE CHAMBER AGREES TO INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE,
LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR
IN CONNECTION WITH THE PERFORMANCE BY THE CHAMBER OR THOSE
SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH
CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR
STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF
NEGLIGENT OR INTENTIONAL ACTS OF CHAMBER, ITS OFFICERS, EMPLOYEES,
AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES.
5.4 Assignment. The CHAMBER shall not assign this Agreemem without first obtaining the
written consent of the CITY.
5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or
regulation, shall be effective when given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows:
CITY CHAMBER
City Manager
City of DeNon
215 E. McKinney
Denton, TX 76201
DeNon Black Chamber of Commerce
Elihu Gillespie
P.O. Box 51026
Denton, Texas 76206
5.6 Inurement. This Agreemem and each provision hereof, and each and every right, duty,
obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation
of the CITY and the CHAMBER and their respective successors and assigns.
5.7 Application of Laws. All terms, conditions, and provisions of this Agreemem are subject
to all applicable federal laws, state laws, the Charter of the City of DeNon, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes
the entire agreement between the parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or understandings, oral or written, express
or implied, between or among the parties hereto, relating to the subject matter of this Agreement,
which are not fully expressed herein. The terms and conditions of this Agreemem shall prevail
notwithstanding any variance in this Agreement from the terms and conditions of any other
document relating to this transaction or these transactions.
5.9 Duplicate Originals. This Agreemem is executed in duplicate originals.
5.10 Headings. The headings and subheadings of the various sections and paragraphs of this
Agreemem are inserted merely for the purpose of convenience and do not express or imply any
limitation, definition, or extension of the specific terms of the section and paragraph so designated.
5.11 Severability. If any section, subsection, paragraph, semence, clause, phrase or word in this
Agreement, or application thereof to any person or circumstance is held invalid by any court of
competem jurisdiction, such holding shall not affect the validity of the remaining portions of this
Agreemem, and the parties hereby declare they would have enacted such remaining portions despite
any such invalidity.
5.12 Insurance. The CHAMBER shall, at a minimum, provide insurance as follows:
$500,000 Commercial General Liability, or $1,000,000 Event Insurance, covering
any event held on City property
Statutory Workers' Compensation and Employers' Liability
($ 100,000/$500,000/$100,000)
$500,000 Business Automobile Liability on any owned, non-owned or hired
vehicles
The CITY must be named as an additional insured on all policies (except Workers' Compensation)
and proof of coverage shall be submitted prior to any pa3anent by the CITY.
EXECUTED this __ day of
,2002.
THE CITY OF DENTON, TEXAS
By:
EUL1NEBROCK, MAYOR
ATTEST:
By:
JENNIFER WALTERS,
CITY SECRETARY
ATTEST:
CITY ATTORNEY
DENTON BLA~t~/' CHAMBER OF
COMM~fi,/
Chaim,~Director ~3'
APPROVED AS TO LEGAL FORM:
By:
Secretary
By:
Black Chamber HOT Funding CY 2003 - Page 8
DENTON BLACK CHAMBER OF COMMERCE
FINANCIAL REPORT
Program Year 2003
Exhibit A & B
fe i
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1ST 2ND 3RD 4TH
QUARTER QUARTER QUARTER QUARTER
(JAN- MAR) (APR- JUN) (JUL- SEP) (OCT- DEC)
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Date Submitted Program Director
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Agenda 02-029 09/03/02 #27
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Tax
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the
City of Denton and the Denton Community Theatre for the payment and use of hotel tax
revenue; and providing an effective date.
BACKGROUND
This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a one-year term beginning January 1, 2003, through midnight December 31, 2003.
Allocations are dependent upon requests for funding as well as, availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed the budget application and recommended
allocations to Council during the Work Session on August 8, 2002.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this agency is $16,320 for FY 2002-2003 and has been
included in the 2002-03 Budget.
EXHIBITS
Ordinance
Contract
Budget
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
O~INANCE NO.
gan ORDffggaNCE AUTHORIZ.~G THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON ~ THE DENTON COMITY THEATRE FOR
THE PAYMEiXT1' AND USE OF HOTEL TAX REVENUE; AND PROVID~G AN
EFFECTIVE DATE.
THE CO~CIL OF THE CITY OF DENTON HEILEBY Ot~d3AINS:
SECTION I. That the Mayor is hereby authorized to execute an agreement between the
City of Denton and the Denton Corranunity Theatre for the payment and use of hotel tax
revenue, under the terms and conditions contained in the agreement, a copy of which is attached
hereto and made a part hereof.
SECTION I!. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED ~ gaPPROVED tls the
day of ,2002.
ATTEST:
JENNtFER WALTERS, CITY SECRETARY
E~ BROCK, MAYOR
BY:
AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON COMMUNITY THEATRE, INC. (CY2003)
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
THIS AGREEMENT made between the City of Demon, Texas, a municipal corporation
(the "CITY"), and the Demon Community Theatre, inc., a legal emity incorporated under the laws
of the State of Texas (the "THEATRE"):
WHEREAS, TEX. TAX CODE §351.002 authorizes the CITY to levy by ordinance a
municipal hotel occupancy tax ("hotel tax") not exceeding seven percem (7%) of the consideration
paid by a hotel occupant; and
WHEREAS, by ordinance, the CITY has provided for the assessmem and collection of a
municipal hotel occupancy tax in the City of Demon of seven percem (7%); and
WHEREAS, TEx. TAX CODE §351.101(a) authorizes the CITY to use revenue from its
municipal hotel occupancy tax to promote tourism and the convemion and hotel industry by
advertising and conducting solicitations and promotional programs to attract tourists and convention
delegates or registrams to the municipality or its vicinity; and
WHEREAS, the THEATRE is well equipped to perform those activities; and
WHEREAS, TEX. TAX CODE §351.101(C) authorizes the CITY to delegate by comract with
the THEATRE, as an independem emity, the managemem and supervision of programs and
activities of the type described hereinabove funded with revenue from the municipal hotel
occupancy tax;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises contained herein, the CITY and the THEATRE agree and contract as follows:
I. HOTEL TAX REVENUE PAYMENT
1.1 Consideration. For and in consideration of the activities to be performed by the
THEATRE under this Agreement, the CITY agrees to pay to the THEATRE a portion of the hotel
tax revenue collected by the CiTY at the rates and in the manner specified herein (such paymems by
the CITY to the THEATRE sometimes herein referred to as the "agreed payments" or "hotel tax
funds").
1.2 Amount of Payments.
(a)
meanings:
As used in this Agreemem, the following terms shall have the following specific
(i) The term "hotel tax revenue" shall mean the gross monies collected and
received by the City as municipal hotel occupancy tax at the rate of seven percem (7%) of
the price paid for a room in a hotel, pursuam to Texas Tax Code 351.002 and City
Ordinance. Hotel tax revenue will include penalty and interest related to the late
payments of the tax revenue by the taxpayer.
(ii) The term "Collection period" will mean the collection period for the CITY's
fiscal year. it will include hotel tax revenue due to the City for the relevant fiscal year and
collected through the 22nd day of the month following the close of the relevant fiscal year.
(iii) The term "base payment amount" shall mean a net amount of money equal
to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e.,
fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such
relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and
auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY
for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers;
and (2) court costs and other expenses incurred in litigation against or auditing of such
taxpayers.
(iv) The term "contract quarter" shall refer to any quarter of the calendar year in
which this Agreement is in force. Contract quarters will end on March 31st, June 30th,
September 30th, and December 31 st of each contract year.
(b) In return for satisfactory performance of the activities set forth in this Agreement
and all attachments hereto, the CITY shall pay to THEATRE an amount of money in each
contract year equal to the lesser amount of: One and Ninety Four One Hundredths percent
(1.94%) of the annual base payment amount or the fixed contract amount of Sixteen Thousand
and Three Hundred and Twenty Dollars ($16,320). This amount will be divided into quarterly
payments equal to 25% of the annual fixed contract amount, unless the CITY can show with
reasonable certainty that the annual base payment amount will be less than originally estimated
for the fiscal year. The fourth quarterly payment will represent 25% of the fixed contract amount
or the unpaid remainder of 1.94% of the base payment amount, whichever is less. Each quarterly
payment is subject to receipt of unused funds from the prior contract period and the receipt of the
required quarterly reports.
1.3 Dates of Payments.
(a) The term "quarterly payments" shall mean payments by the CITY to the THEATRE of
those amounts specified in ¶1.2, above, as determined by the hotel tax revenue collected.
(b) Each quarterly payment shall be paid upon receipt of the required reports and after the
25th day following the last day of the contract quarter. If quarterly financial and performance
reports are not received within thirty (30) days of the end of the applicable contract quarter, the
recipient may be held in breach of this Agreement. The CiTY may withhold the quarterly
payment(s) until the appropriate reports are received and approved, which approval shall not
unreasonably be withheld.
1.4 Other limitations regarding consideration.
(a) The funding of this project in no way commits the CITY to future funding of this
program beyond the currem comract period. Any future funding is solely the responsibility of the
THEATRE.
(b) It is expressly understood that this contract in no way obligates the General Fund or any
other monies or credits of the CITY.
(c) CITY may withhold further allocations if CITY determines that THEATRE's
expenditures deviate materially from their approved budget.
ii. USE OF HOTEL TAX REVENUE
2.1 Use of Funds. For and in consideration of the paymem by the CITY to the THEATRE of
the agreed payments of hotel tax funds specified above, the THEATRE agrees to use such hotel tax
funds only for advertising and conducting solicitations and promotional programs to attract tourists
and convemion delegates or registrants to the municipality or its vicinity; as authorized by TEx. TAx
COD[~ §351.101 (a) (3). Funds for any calendar year which are unused by midnight December 31st of
that year shall be refunded to CiTY within thirty (30) days.
2.2 Administrative Costs. The hotel tax funds received from the CITY by the THEATRE may
not be spent for day-to-day operations, office supplies, salaries, travel expenses, and other
administrative costs.
2.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative costs of the THEATRE for which hotel tax funds
may be used shall not exceed that portion of the THEATRE's administrative costs actually incurred
in conducting the activities specified in ¶2.1 above.
(b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct
an activity the primary purpose of which is not directly related to the promotion of local tourism and
the convemion and hotel industry or the performance of the person's job in an efficiem and
professional manner.
iii. RECORDKEEPiNG AND REPORTING REQUIREMENTS
3.1 Budget.
(a) The THEATRE shall prepare and submit to the City Manager of the CITY an annual
budget (see Exhibit "A") as approved by the City Council for each calendar year, for such
operations of the THEATRE in which the hotel tax funds shall be used by the THEATRE. This
budget shall specifically idemify proposed expenditures of hotel tax funds by the THEATRE. in
other words, the CiTY should be able to audit specifically where the funds in the separate checking
account relating to hotel tax funds will be expended. The CITY shall not pay to the THEATRE any
hotel tax revenues as set forth in Section i of this contract during any fiscal year of this Agreement
unless a budget for such respective fiscal year has been approved in writing by the Demon City
Council authorizing the expenditure of funds. Failure to submit an annual budget may be
considered a breach of contract, and if not remedied is considered grounds for termination of this
Agreement as stated in paragraph 4.2.
(b) The THEATRE acknowledges that the approval of such budget by the Demon City
Council creates a fiduciary duty in the THEATRE with respect to the hotel tax funds paid by the
CITY to the THEATRE under this Agreement. The THEATRE shall expend hotel tax funds only
in the manner and for the purposes specified in this Agreemem, TEX. TAX CODE §351.101 (a) and in
the budget as approved by the CITY.
3.2 Separate Accounts. The THEATRE shall maintain any hotel tax funds paid to the
THEATRE by the CITY in a separate bank checking account with segregated accounting, such that
any reasonable person can review the source of expenditures of tax funds. A bank reconciliation
report (see Exhibit "B") is required with each quarterly report.
3.3 Financial Records. The THEATRE shall maintain complete and accurate financial
records of each expenditure of the hotel tax funds made by the THEATRE. These funds are
required to be classified as restricted funds for audited financial purposes, and may not be used for
supporting services, including, but not limited to, auditing fees and attorney's fees. Upon
reasonably advance written request of the Demon City Council, the City Manager or designate, or
any other person, shall make such financial records available for inspection and review by the party
ma&ing the request. THEATRE understands and accepts that all such financial records, and any
other records relating to this Agreement shall be subject to the Public Information Act, TEX. GOV'T
CODE, ch. 552, as hereafter amended.
3.4 Quarterly Reports. After initial receipt of hotel tax funds, and within thirty days after the
end of every quarter thereafter, umil all funds have been expended and reported to the CITY,
THEATRE shall furnish to CITY: (1) a performance report of the work performed under this
Agreement describing the activities performed pursuant to this Agreement during that contract
quarter, (2) a list of the expenditures made with regard to hotel tax funds pursuam to TEX. TAX
CODE §351.101(C), and (3) a copy of all financial records (e.g., receipts, invoices, bank statemems,
and other relevam documemation). Both the performance and expenditure reports will be in a form
either determined or approved by the City Manager or designate (see Exhibit "B"). The THEATRE
shall respond promptly to any request from the City Manager of the CITY, or designate, for
additional information relating to the activities performed under this Agreemem.
3.5 Notice of Meetings. The THEATRE shall give the City Manager or its designate of the
CITY reasonable advance written notice of the time and place of all meetings of THEATRE's
Board of Directors, as well as any other meeting of any constituency of the THEATRE at which this
Agreemem or any matter the subject of this Agreemem shall be considered. This provision shall not
be deemed to require the THEATRE to give notice of any executive session of the Executive
Committee of the THEATRE.
IV. TERM AND TERMINATION
4.1 Term. The term of this Agreement shall commence on January 1, 2003 and terminate at
midnight on December 31, 2003. This term shall be a period of one year.
4.2 Termination Without Cause.
(a) This Agreement may be terminated by either party, with or without cause, by giving
the other party sixty (60) days advance written notice.
(b) In the event this contract is terminated by either party pursuant to Section 4.2(a),
the CITY agrees to reimburse the THEATRE for any contractual obligations of the THEATRE
undertaken by the THEATRE in satisfactory performance of those activities specified in ¶¶2.1
and 2.2 above and that were approved by the Council through the budget, as noted in ¶3.1. This
reimbursement is conditioned upon such contractual obligations having been incurred and
entered into in the good faith performance of those services contemplated in ¶¶2.1 and 2.2 above,
and further conditioned upon such contractual obligations having a term not exceeding the full
term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of
the CITY to reimburse the THEATRE or to assume the performance of any contractual
obligations of the THEATRE for or under any contract entered into by the THEATRE as
contemplated herein shall not exceed 66 2/3% of the current quarterly payment.
(c) Further, upon termination pursuant to ¶4.2(a), the THEATRE will provide the
CITY: 1) Within 10 business days from the termination notification, a short-term budget of
probable expenditures for the remaining 60 day period between termination notification and
contract termination. This budget will be presented to Council for approval within 10 business
days after receipt by CITY. if formal approval is not given within 10 business days and the
budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and
is within the current contractual period approved budget; the budget will be considered
approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the
City; 3) Within 5 business days of a request from the CITY, a listing of expenditures that have
occurred since the last required reporting period; 4) a final accounting of all expenditures and tax
funds on the day of termination. The THEATRE will be obligated to return any unused funds or
funds determined to be used improperly. Any use of remaining funds by the THEATRE after
notification of termination is conditioned upon such contractual obligations having been incurred
and entered into in the good faith performance of those services contemplated in 2.1 and 2.2
above, and further conditioned upon such contractual obligations having a term not exceeding
the full term of this Agreement.
4.3 Automatic Termination. This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(a) The termination of the legal existence of the THEATRE;
(b) The insolvency of the THEATRE, the filing of a petition in bankruptcy, either
voluntarily or involuntarily, or an assignment by the THEATRE for the benefit of creditors;
(c) The continuation of a breach of any of the terms or conditions of this Agreement by
either the CiTY or the THEATRE for more than thirty (30) days after written notice of such
breach is given to the breaching party by the other party; or
(d) The failure of the THEATRE to submit a financial quarterly report which complies with
the reporting procedures required herein and generally accepted accounting principles prior
to the beginning of the next contract term, or quarterly as required by Section 1.3 hereof.
4.4
Right to Immediate Termination Upon Litigation. Notwithstanding any other provision
of this Agreement, to mitigate damages and to preserve evidence and issues for judicial
determination, either party shall have the right to terminate this Agreement upon immediate
notice to the other party in the event that any person has instituted litigation concerning the
activities of the non-terminating party, and the terminating party reasonably believes that
such activities are required or prohibited under this Agreement.
4.5 In the event that this Agreement is terminated pursuant to ¶¶4.3 or 4.4, THEATRE agrees
to refund any and all unused funds, or funds determined by the CiTY to have been used
improperly, within 30 days after termination of this Agreement.
V. GENERAL PROVISIONS
5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, the agreement by the THEATRE with another private entity, person, or
organization for the performance of those services described in ¶2.1 above, in the event that the
THEATRE enters into any arrangement, contractual or otherwise, with such other entity, person or
organization, the THEATRE shall cause such other entity, person, or organization to adhere to,
conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEx.
T)~x CODE ch. 351, including reporting requirements, separate funds maintenance, and limitations
and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds.
5.2 Independent Contractor. The THEATRE shall operate as an independent contractor as to
all services to be performed under this Agreement and not as an officer, agent, servant, or employee
of the CITY. The THEATRE shall have exclusive control of its operations and performance of
services hereunder, and such persons, entities, or organizations performing the same and the
THEATRE shall be solely responsible for the acts and omissions of its directors, officers,
employees, agents, and subcontractors. The THEATRE shall not be considered a partner or joint
venturer with the CITY, nor shall the THEATRE be considered nor in any manner hold itself out as
an agent or official representative of the CITY.
5.3 Indemnification. THE THEATRE AGREES TO INDEMNIFY, HOLD HARMLESS,
AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND
AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR
LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR IN
CONNECTION WITH THE PERFORMANCE BY THE THEATRE OR THOSE
SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH
CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR
STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF
NEGLIGENT OR INTENTIONAL ACTS OF THEATRE, ITS OFFICERS, EMPLOYEES,
AGENTS, SUBCONTRACTORS, LICENSEES AND INVlTEES.
5.4 Assignment. The THEATRE shall not assign this Agreement without first obtaining the
written consent of the CITY.
5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or
regulation, shall be effective when given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows:
CITY THEATRE
City Manager
City of Demon
215 E. McKinney
Denton, TX 76201
Demon Community Theatre, Inc.
Scot Wilkinson
P.O. Box 1931
Denton, Texas 76202-1931
5.6 Inurement. This Agreemem and each provision hereof, and each and every right, duty,
obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation
of the CITY and the THEATRE and their respective successors and assigns.
5.7 Application of Laws. All terms, conditions, and provisions of this Agreemem are subject
to all applicable federal laws, state laws, the Charter of the City of Demon, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes
the entire agreement between the parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or understandings, oral or written, express
or implied, between or among the parties hereto, relating to the subject matter of this Agreement,
which are not fully expressed herein. The terms and conditions of this Agreemem shall prevail
notwithstanding any variance in this Agreement from the terms and conditions of any other
document relating to this transaction or these transactions.
5.9 Duplicate Originals. This Agreemem is executed in duplicate originals.
5.10 Headings. The headings and subheadings of the various sections and paragraphs of this
Agreemem are inserted merely for the purpose of convenience and do not express or imply any
limitation, definition, or extension of the specific terms of the section and paragraph so designated.
5.11 Severability. If any section, subsection, paragraph, semence, clause, phrase or word in this
Agreement, or application thereof to any person or circumstance is held invalid by any court of
competem jurisdiction, such holding shall not affect the validity of the remaining portions of this
Agreemem, and the parties hereby declare they would have enacted such remaining portions despite
any such invalidity.
5.12 Insurance. The THEATRE shall provide insurance as follows:
$500,000 Commercial General Liability, or $1,000,000 Evem Insurance, covering
all evems taking place on City-owned property
2, Statutory Workers' Compensation and Employers' Liability
($100,000/$500,000/$100,000)
The C~Y must be nm-ned as an additional insured on all policies (except Workers' Compensation)
and proof of coverage shall be submitted prior to an), payment by the CITY.
EXECUTED this __ day o:f
,2002.
THE CITY OF DENTON, TEXAS
By:
EUL1NE BROCK, MAYOR
ATTEST:
By:
JENrN~ER WALTERS,
CITY SECRETARY
ATTEST:
PROUTY
C~TY ATTORNEY
DENTON ( THEATRE, ~C.
APPROVED AS TO LEGAL FORM:
By:
Secretary
By:
DCT HOT Funding CY 2003 - Page 8
DENTON COMMUNITY THEATRE
FINANCIAL REPORT
Program Year 2003
Exhibit A & B
2ND 3RD 4TH
1ST QUARTER QUARTER QUARTER QUARTER
(JAN- MAR) (APR- JUN) (JUL- SEP) (OCT- DEC)
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Date Submitted Program Director
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Agenda 02-029 09/03/02 #28
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Tax
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an ordinance authorizing the Mayor to execute an Interlocal Agreement
between the City of Denton and Denton County for the payment and use of hotel tax revenue in
support of the Bayless-Selby House and the Courthouse-on-the-Square Museums; and providing
an effective date.
BACKGROUND
The Hotel Occupancy Tax Committee is recommending a two-year contract for this agency. The
term of this contract is January 1, 2003, through midnight December 31, 2004. Funding for
calendar year 2004 is dependent upon budget approval by City Council.
PRIOR AC TION/REVIEW
The Hotel Occupancy Tax Committee reviewed the budget application and recommended
allocations to Council during the Work Session on August 8, 2002.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this agency is $97,106 for FY 2002-2003 and has been
included in the 2002-03 Budget.
EXHIBITS
Ordinance
Contract
Budget
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN iNTERLOCAL
AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE
PAYMENT AND USE OF HOTEL TAX REVENUE iN SUPPORT OF THE BAYLESS-
SELBY HOUSE AND THE COURTHOUSE-ON-THE SQUARE MUSEUMS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Tex. Tax Code §351.101(a) authorizes the City of Denton, Texas to use
revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel
industry by advertising and conducting solicitations and promotional programs to attract tourists and
convention delegates or registrants to the municipality or its vicinity to visit preserved historic sites
and museums; and
WHEREAS, the County of Denton, Texas is well equipped to perform those activities by its
operation of the Bayless-Selby House and Courthouse-on-the-Square Museums; and
WHEREAS, Tex. Tax Code §351.101 (c) authorizes the City of Denton, Texas to delegate
by contract with the County of Denton, Texas, as a governmental entity, the management and
supervision of programs and activities of the type described hereinabove funded with revenue from
the municipal hotel occupancy tax; and
WHEREAS, both the City of Denton, Texas and the County of Denton, Texas have a
secondary source of authority to enter into an interlocal cooperation agreement, pursuant to Chapter
791 of the Texas Government Code, as: the agreement is authorized by both governmental bodies;
the agreement states the purpose, terms, rights, and duties of the contracting parties; the
consideration is being paid by City of Denton, Texas out of current revenues; the compensation is
fair; and the services to be performed are "museum services" authorized under §791.003(3)(F) of
the Texas Government Code, which each party is authorized to perform individually; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the Mayor is hereby authorized to execute an interlocal agreement
between the City of Denton and Denton County for the payment and use of hotel tax revenue in
support of the Bayless-Selby House and Courthouse-On-The Square Museums, under the terms
and conditions contained in the agreement, a copy of which is attached hereto and made a part
hereof.
SECTION 2. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
__ day of
,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON COUNTY, TEXAS (COURTHOUSE ON THE SQUARE
AND THE BAYLESS-SELBY HOUSE MUSEUMS) (CY2003 - 2004)
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation
(the "CITY"), and County of Denton, Texas, a governmental entity existing under the laws of the
State of Texas, contracting on behalf Of its Courthouse-on-the-Square and the Bayless-Selby House
Museums (collectively, the "MUSEUMS"):
WHEREAS, TEx. TAX CODE §351.002 authorizes the CITY to levy by ordinance a
municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration
paid by a hotel occupant; and
WHEREAS, by ordinance, the CITY has provided for the assessmem and collection of a
municipal hotel'occupancy tax in the City of Denton of seven percent (7%); and
WHEREAS, T~x. T^x CODe §351.101(a) authorizes the CITY tO use revenue from its
municipal hotel occupancy tax to promote tourism and the convention and hotel industry by
advertising and conducting solicitations and promotional programs to attract tourists and convention
delegates or registrants to the municipality or its vicinity; as welt as to engage in ,historical
restoration and preservation projects and activities and advertising and conducting solicitations and
promotional programs to encourage tourists and convention delegates to visit preserved historic
sites and musems; and
WHEREAS, Tex. TAx CODe §351.101 (c) authorizes the CITY to delegate by contract with
· the MUSEUMS,' as a governmental entity, the management and supervision of programs and
activities of the type described hereinabove funded with revenue from the municipal hotel
occupancy tax; and
WHEREAS, the MUSEUMS are well equipped to perform those activities; and
WHEREAS, both CITY and MUSEUMS have a secondary source of authority to enter into
this Agreement as an interlocal cooperation agreement, pursuant to Chapter 791 of the Texas
Government Code, as: the Agreement is authorized by both governmental bodies; the Agreement
states the purpose, terms, fights, and duties of the contracting parties; the consideration is being paid
by CITY out of current revenues; the compensation is fair; and the services to be performed are
"museum services" authorized under §791.003(3)(F) of the Texas Government Code, which each
party is authorized to perform individually;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises contained herein, the CITY and the MUSEUMS agree and contract as follows:
I. HOTEL TAX REVENUE PAYMENT.
1.1 Consideration. For and in consideration of the activities to be performed by the
MUSEUMS under this Agreement, the CITY agrees to pay to the MUSEUMS a portion of the hotel
tax revenue collected by the CITY at the rates and in the manner specified herein (such payments by
the CITY to the MUSEUMS sometimes herein referred to as the "agreed payments" or "hotel tax
funds").
1.2 Amount of Payments.
(a)
meanings:
As used in this Agreement, the following terms shall have the following specific
(i) The term "hotel tax revenue" shall mean the gross monies collected and
received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of
the price paid for a room in a hotel, pursuant to Texas Tax Code 351.002 and City
Ordinance. Hotel tax revenue will include penalty and interest related to the late
payments of the tax revenue by the taxpayer.
(ii) The term "Collection period" will mean the collection period for the CITY's
fiscal year. It will include hotel tax revenue due to the City for the relevant fiscal year and
collected through the 22nd day of the month following the dose of the relevant fiscal year.
(iii) The term "base payment amount" shall mean a net amount of money equal
to the total hotel tax revenue collected by the CITY during any relevant period of time (i. e.,
fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such
relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and
auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY
for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers;
and (2) court costs and other expenses incurred in litigation against or auditing of such
taxpayers.
(iv) The term "contract quarter" shall refer to any quarter of the calendar year in
which this A.greement is in force. Contract quarters will end on March 31st, June 30th,
in st
September 30 , and December 31 of each contract year.
(b) In return for satisfactory performance of the activities set forth in this Agreement
and all attachments hereto, the CITY shall pay to MUSEUMS an amount of money in each
contract year equal to the lesser amount of: Eleven and Fifty Six One Hundredths percent
(11.56.%) of the annual .base payment amount or the fixed contract amount of Ninety Seven
Thousand, One Hundred and Six Dollars ($97,106). This amount will be divided into quarterly
payments equal to 25% of the annual fixed contract amount, unless the CITY can show with
reasonable certainty that the annual base payment amount will be tess than originally estimated
for the fiscal year. The fourth quarterly payment will represent 25% of the fixed contract amount
or the unpaid remainder of 11.56% of the base payment amount, whichever is less. Each
quarterly payment is subject to receipt of unused funds from the prior contract period and the
receipt of the required quarterly reports. Funding for calendar year 2004 is dependent upon, and
subject to, budget approval by the City Council for those periods. Upon, and subject to budget
approval, the budgeted annual payment for calendar year 2004 is subject to an annual escalation of
not more than 4%.
HOT Funds CY2003-04 Denton County Museums Pago 2
1.3 Dates of Payments.
(a) The term "quarterly payments" shall mean payments by the CITY to the MUSEUMS of
those amounts specified in ¶1.2, above, as determined by the hotel tax revenue collected.
(b) Each quarterly payment shall be paid upon receipt of the required reports and after the
25~ day following the last day of the contract quarter. If quarterly financial and performance
reports are not received within thirty (30) days of the end of the applicable contract quarter, the
recipient may be held in breach of this Agreement. The CiTY may withhold the quarterly
payment(s) until the appropriate reports are received and approved, which approval shall not
unreasonably be withheld.
1.4 Other limitations regarding consideration'.
(a) The funding of this project in no way commits the CITY to future funding of this
program beyond the current contract period. Any furore funding is solely the responsibility of the
MUSEUMS.
(b) It is expressly understood that this contract in no way obligates the .General Fund or any
other monies or credits of the CITY.
(c) CITY may withhold further allocations if CITY determines that MUSEUM's
expenditures deviate materially from their approved budget.
II. USE OF HOTEL TAX REVENUE
2.1 Use of Funds. For and in consideration of the payment by the CITY to the MUSEUMS of
the agreed payments of hotel tax funds specified above, the MUSEUMS agree to use such hotel tax
funds only for advertising and conducting solicitations and promotional programs to attract tourists
and convention delegates or registrants to the municipality or its vicinity, as well as to engage in
historical restoration and preservation projects and activities and advertising and conducting
solicitations and promotional programs to encourage tourists and convention delegates to visit
preserved historic sites and museums, as authorized by TEX. TAx CODE §351.101(a)(3) and (a)(5).
Funds for any calendar year which are unused by midnight December 31st of that year shall be
refunded to CITY within thirty (30) days..
2.2 Allowable Administrative Costs. The hotel tax funds received from the CITY by the
MUSEUMS may be spent for day-to-day operations, office supplies, salaries, and other
administrative costs allowed by TEX. TAX CODE §351.101(f), only if they are directly attributable to
work on programs which promote tourism and the hotel and convention industry, and which also
promote at least one of the five statutory purposes enumerated within TEX. TAX CODE §351.101 (a).
2.3 Specific Restrictions on Use of Funds.
(a) MUSEUMS agree to demonstrate strict compliance with the record keeping and
apportionment limitations imposed by T~.x. TAx CODE {}351.101(0 and §351.108 (c) and (d).
HOT Funds CY2003-04 Denton County Museums Page 3
MUSEUM shall not utilize hotel tax funds for any expenditure which has not been specifically
documented to satisfy the purposes set forth in ¶¶2.1 and 2.2 above.
(b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct
an activity the primary purpose of which is not directly .related to the promotion of local tourism and
the convention and hotel industry or the performance of the person's job in an efficient and
professional manner.
III. RECORDKEEPING AND REPORTING REQUIREMENTS
3.1 Budget.
(a) The MUSEUMS shall prepare and submit to the City Manager of the CITY an annual
budget (see ExI~i.'bit "A") as approved by the City Council for each calendar year, for such
operations of the MUSEUMS in which the hotel tax funds shall be used by the MUSEUMS. This
budget shall specifically identify proposed expenditm'es of hotel tax funds by the MUSEUM. In
other words, the CITY should be able to audit specifically where the funds in the separate account
relating to hotel tax funds will be expended. The CITY shall not pay to the MUSEUMS any hotel
tax revenues as set forth in Section I of this contract during any fiscal year of this Agreement unless
a budget for such respective fiscal year has been approved in writing by the Denton City Council
authorizing the expenditure of funds. Failure to submit an annual budget may be considered a
breach of contract, and if not remedied is considered grounds for termination of this Agreement as
stated in paragraph 4.2.
(b) The MUSEUMS acknowledge that the approval of such budget by the Denton City
Council creates a fiduciary duty in the MUSEUMS with respect to the hotel tax funds paid by the
CITY to the MUSEUMS under this Agreement. The MUSEUMS shall expend hotel tax funds only
in the manner and for the purposes specified in this Agreement, TEX. TAx CODE §351.101(a) and in
the budget as approved by the CITY.
3.2 Separate Accounts. The MUSEUMS shall maintain any hotel tax funds paid to the
MUSEUMS by the CITY in a separate bank checking account with segregated accounting, such
that any reasonable person' can review the source of expenditures of tax funds. A bank
reconciliation report (see Exhibit "B") is required with each quarterly report.
3.3 Financial Records. The MUSEUMS shall maintain complete and accurate financial
records of each expenditure of the hotel tax funds made by the MUSEUMS. These funds are
required to be classified as restricted funds for audited financial purposes, and may not be used for
supporting services, including, but not limited to, auditing fees and attorney's fees. Upon
reasonably advance written request of the Denton City Council, the City Manager or designate, or
any other person, shall make such financial records available for inspection and review by the party
making the request. MUSEUMS understand and accept that all such financial records, and any
other records relating to this Agreemem shall be subject to the Public Information Act, TEX. GOV'T
CODE, ch. 552, as hereafter amended.
3.4 Quarterly Reports. Within thirty days after the end of every contract quarter,
MUSEUMS shall furnish to CITY: (1) a performance report of the work performed under this
Agreement describing the activities performed pursuant to this Agreement during that contract
HOT Funds CY2003-04 Denton County Museums Page 4
quarter, (2) a list of the expenditures made with regard to hotel tax funds pursuant to TEX. TAx
CODE §351.101(c), (3) a copy of all financial records (e.g., receipts, invoices, bank statements, and
other relevant documentation), and (4) and a quarterly salary audit complying with T~x. TAx CODE
§351.108(c) and CITY's published guidelines, detailing the time spent by each employee(s) in
promotion of tourism through any of the five statutory purposes authorized under TEx. T^x CODE
§351.101(a). MUSEUMS shall prepare and deliver all reports in a form and manner approved by
the City Manager or designate (see Exhibit "B"). The MUSEUMS shall respond promptly to any
request from the City Manager of the CITY, or designate, for additional information relating to the
activities performed under this Agreement.
3.5 Notice of Meetings. The MUSEUMS shall give the City Manager or its designate of thc
CITY reasonable advance written notice of the time and place of all meetings of MUSEUMS'
Board of Directors, as well as any other meeting of any constituency of the MUSEUMS at which
this Agreement or any matter the subject of this Agreement shall be considered. This provision
shall not be deemed to require the MUSEUMS to give notice of any executive session of the
Executive Committee of the MUSEUMS.
IV. TERM AND TERMINATION
4.1 Term. The term of this Agreement shall commence on Jariuary 1, 2003 and terminates at
midnight on December 31, 2004. This term shall be a period of two years. This Agreement
supersedes and replaces alt prior hotel tax funding agreements between CITY and MUSEUMS,
with respect to calendar years 2003 and 2004.
4.2 Termination Without Cause.
(a) This Agreement may be terminated by either party, with or without cause, by giving
the other party sixty (60) days advance written notice.
(b) In the event this contract is terminated by either party pursuant to Section 4.2(a),
the CITY agrees to reimburse the MUSEUMS for any contractual obligations of the MUSEUMS
undertaken by the MUSEUMS in satisfactory performance of those activities specified in ¶¶2.1
and 2.2 above and that were approved by the Council through the budget, as noted in ¶3.1. This
reimbursement is conditioned upon such contractual obligations having been incurred and
entered into in the good faith performance of those services contemplated in ¶¶2.1 and 2.2 above,
and further conditioned upon such contractual obligations having a term not exceeding the full
term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of
the CITY to reimburse the MUSEUMS or to assume the performance of any contractual
obligations of the MUSEUMS for or under any contract entered into by the MUSEUMS as
contemplated herein shall not exceed 66 2/3% of the current quarterly payment.
(c) Further, upon termination pursuant to ¶4.2(a), the MUSEUMS will provide the
CITY: 1) Within 10 business days from the termination notification, a short-term budget of
probable expenditures for the remaining 60 day period between termination notification and
contract termination. This budget will be presented to Council for approval within 10 business
days after receipt by CITY. If formal approval is not given within 10 business days and the
HOT Funds CY2003-04 Denton County Museums Page 5
ATTEST:
By:
JENNIFER WALTERS,
CiTY SECRETARY
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
DENTON COUNTY, TEXAS
F:%hared~iept~LGD,Our Duoameats'~.;o nlra~o3~lOT~ HOS,dac
By: ~__
APPROVED AS TO LEGAL FORM:
HOT Funds CY2003'-04 Denton County Museums Page 9
DENTON COUNTY MUSEUMS
Courthouse on the Square and Bayless-Sselby House
FINANCIAL REPORT
Program Year 2003
Exhibit A & B
1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER
(JAN- MAR) (APR- JUN) (JUL- SEP) (OCT- DEC)
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Date Submitted Program Director
Agenda 02-029 09/03/02 #29
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Tax
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the
City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue;
and providing an effective date.
BACKGROUND
This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a one-year term beginning January 1, 2003, through midnight December 31, 2003.
Allocations are dependent upon requests for funding as well as, availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed the budget application and recommended
allocations to Council during the Work Session on August 8, 2002.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this agency is $72,532 for FY 2002-2003 and has been
included in the 2002-03 Budget.
EXHIBITS
Ordinance
Contract
Budget
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVAL FOUNDATION FOR
THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute an agreement between the
City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue,
under the terms and conditions contained in the agreement, a copy of which is attached hereto
and made a part hereof.
SECTION II. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of ,2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
AGREEMENT BETWEEN THE CITY OF DENTON AND
THE DENTON FESTIVAL FOUNDATION (CY2003)
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
THIS AGREEMENT made between the City of Demon, Texas, a municipal corporation
(the "CITY"), and the Demon Festival Foundation, inc. a legal emity incorporated under the laws of
the State of Texas (the "FOUNDATION"):
WHEREAS, TEX. TAX CODE §351.002 authorizes the CITY to levy by ordinance a
municipal hotel occupancy tax ("hotel tax") not exceeding seven percem (7%) of the consideration
paid by a hotel occupant; and
WHEREAS, by ordinance, the CITY has provided for the assessmem and collection of a
municipal hotel occupancy tax in the City of Demon of seven percem (7%); and
WHEREAS, TEx. TAX CODE §351.101(a) authorizes the CITY to use revenue from its
municipal hotel occupancy tax to promote tourism and the convemion and hotel industry by
advertising and conducting solicitations and promotional programs to attract tourists and convention
delegates or registrams to the municipality or its vicinity; and
WHEREAS, the FOUNDATION is well equipped to perform those activities; and
WHEREAS, TEX. TAX CODE §351.101(C) authorizes the CITY to delegate by comract with
the FOUNDATION, as an independem emity, the managemem and supervision of programs and
activities of the type described hereinabove funded with revenue from the municipal hotel
occupancy tax;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises comained herein, the CiTY and the FOUNDATION agree and contract as follows:
I. HOTEL TAX REVENUE PAYMENT
1.1 Consideration. For and in consideration of the activities to be performed by the
FOUNDATION under this Agreement, the CITY agrees to pay to the FOUNDATION a portion of
the hotel tax revenue collected by the CiTY at the rates and in the manner specified herein (such
payments by the CITY to the FOUNDATION sometimes herein referred to as the "agreed
paymems" or "hotel tax funds").
1.2 Amount of Payments.
(a)
meanings:
As used in this Agreemem, the following terms shall have the following specific
(i) The term "hotel tax revenue" shall mean the gross monies collected and
received by the City as municipal hotel occupancy tax at the rate of seven percem (7%) of
the price paid for a room in a hotel, pursuam to Texas Tax Code 351.002 and City
Ordinance. Hotel tax revenue will include penalty and interest related to the late
payments of the tax revenue by the taxpayer.
(ii) The term "Collection period" will mean the collection period for the CITY's
fiscal year. it will include hotel tax revenue due to the City for the relevant fiscal year and
collected through the 22nd day of the month following the close of the relevant fiscal year.
(iii) The term "base payment amount" shall mean a net amount of money equal
to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e.,
fiscal year or fiscal quarter), less (1) attorney and auditing costs incurred during such
relevant period of time for costs of collection or auditing of hotel taxpayers. Attorney and
auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY
for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers;
and (2) court costs and other expenses incurred in litigation against or auditing of such
taxpayers.
(iv) The term "contract quarter" shall refer to any quarter of the calendar year in
which this Agreement is in force. Contract quarters will end on March 31st, June 30th,
September 30th, and December 31 st of each contract year.
(b) In return for satisfactory performance of the activities set forth in this Agreement
and all attachments hereto, the CITY shall pay to FOUNDATION an amount of money in each
contract year equal to the lesser amount off Eight and Sixty Three One Hundredths percent
(8.63%) of the annual base payment amount or the fixed contract amount of Seventy Two
Thousand Five Hundred Thirty Two Dollars ($72,532). This amount will be divided into
quarterly payments equal to 25% of the annual fixed contract amount, unless the CITY can show
with reasonable certainty that the annual base payment amount will be less than originally
estimated for the fiscal year. The fourth quarterly payment will represent 25% of the fixed
contract amount or the unpaid remainder of 8.63% of the base payment amount, whichever is
less. Each quarterly payment is subject to receipt of unused funds from the prior contract period
and the receipt of the required quarterly reports.
1.3 Dates of Payments.
(a) The term "quarterly payments" shall mean payments by the CITY to the
FOUNDATION of those amounts specified in ¶1.2, above, as determined by the hotel tax revenue
collected.
(b) Each quarterly payment shall be paid upon receipt of the required reports and after the
25th day following the last day of the contract quarter. If quarterly financial and performance
reports are not received within thirty (30) days of the end of the applicable contract quarter, the
recipient may be held in breach of this Agreement. The CiTY may withhold the quarterly
payment(s) until the appropriate reports are received and approved, which approval shall not
unreasonably be withheld.
1.4 Other limitations regarding consideration.
(a) The funding of this project in no way commits the CITY to future funding of this
program beyond the current contract period. Any future funding is solely the responsibility of the
FOUNDATION.
(b) It is expressly understood that this contract in no way obligates the General Fund or any
other monies or credits of the CITY.
(c) CITY may withhold further allocations if CITY determines that FOUNDATION's
expenditures deviate materially from their approved budget.
ii. USE OF HOTEL TAX REVENUE
2.1 Use of Funds. For and in consideration of the payment by the CITY to the FOUNDATION
of the agreed payments of hotel tax funds specified above, the FOUNDATION agrees to use such
hotel tax funds only for advertising and conducting solicitations and promotional programs to attract
tourists and convention delegates or registrants to the municipality or its vicinity; as well as the
promotion of tourism through the encouragement, promotion, improvement, and application of the
arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture,
design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures,
radio, television, tape and sound recording, and other arts related to the presentation, performance,
execution, and exhibition of these major arts forms, as authorized by TEx. TAX CODE §351.101 (a).
Funds for any calendar year which are unused by midnight December 31st of that year shall be
refunded to CITY within thirty (30) days.
2.2 Administrative Costs. The hotel tax funds received from the CITY by the FOUNDATION
may not be spent for day-to-day operations, office supplies, salaries, travel expenses, and other
administrative costs.
2.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative costs of the FOUNDATION for which hotel tax
funds may be used shall not exceed that portion of the FOUNDATION's administrative costs
actually incurred in conducting the activities specified in ¶2.1 above.
(b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct
an activity the primary purpose of which is not directly related to the promotion of local tourism and
the convention and hotel industry or the performance of the person's job in an efficient and
professional manner.
iii. RECORDKEEPiNG AND REPORTING REQUIREMENTS
3.1 Budget.
(a) The FOUNDATION shall prepare and submit to the City Manager of the CITY an
annual budget (see Exhibit "A") as approved by the City Council for each calendar year, for such
operations of the FOUNDATION in which the hotel tax funds shall be used by the FOUNDATION.
This budget shall specifically idemify proposed expenditures of hotel tax funds by the
FOUNDATION. in other words, the CiTY should be able to audit specifically where the funds in
the separate checking account relating to hotel tax funds will be expended. The CITY shall not pay
to the FOUNDATION any hotel tax revenues as set forth in Section i of this contract during any
fiscal year of this Agreemem unless a budget for such respective fiscal year has been approved in
writing by the DeNon City Council authorizing the expenditure of funds. Failure to submit an
annual budget may be considered a breach of comract, and if not remedied is considered grounds for
termination of this Agreement as stated in paragraph 4.2.
(b) The FOUNDATION acknowledges that the approval of such budget by the DeNon
City Council creates a fiduciary duty in the FOUNDATION with respect to the hotel tax funds paid
by the CITY to the FOUNDATION under this Agreement. The FOUNDATION shall expend hotel
tax funds only in the manner and for the purposes specified in this Agreemem, TEX. TAX CODE
§351.101 (a) and in the budget as approved by the CITY.
3.2 Separate Accounts. The FOUNDATION shall maintain any hotel tax funds paid to the
FOUNDATION by the CITY in a separate bank checking account with segregated accounting, such
that any reasonable person can review the source of expenditures of tax funds. A bank
reconciliation report (see Exhibit "B") is required with each quarterly report.
3.3 Financial Records. The FOUNDATION shall maintain complete and accurate financial
records of each expenditure of the hotel tax funds made by the FOUNDATION. These funds are
required to be classified as restricted funds for audited financial purposes, and may not be used for
supporting services, including, but not limited to, auditing fees and attorney's fees. Upon
reasonably advance written request of the DeNon City Council, the City Manager or designate, or
any other person, shall make such financial records available for inspection and review by the party
making the request. FOUNDATION understands and accepts that all such financial records, and
any other records relating to this Agreement shall be subject to the Public Information Act, TEX.
GOV'T CODE, ch. 552, as hereafter amended.
3.4 Quarterly Reports. Within thirty days after the end of every contract quarter,
FOUNDATION shall furnish to CITY: (1) a performance report of the work performed under this
Agreement describing the activities performed pursuant to this Agreement during that contract
quarter, (2) a list of the expenditures made with regard to hotel tax funds pursuam to TEX. TAX
CODE §351.101(C), and (3) a copy of all financial records (e.g., receipts, invoices, bank statemems,
and other relevam documemation). Both the performance and expenditure reports will be in a form
either determined or approved by the City Manager or designate (see Exhibit "B"). The
FOUNDATION shall respond promptly to any request from the City Manager of the CITY, or
designate, for additional information relating to the activities performed under this Agreemem.
3.5 Notice of Meetings. The FOUNDATION shall give the City Manager or its designate of
the CiTY reasonable advance written notice of the time and place of all meetings of
FOUNDATION's Board of Directors, as well as any other meeting of any constituency of the
FOUNDATION at which this Agreemem or any matter the subject of this Agreemem shall be
considered. This provision shall not be deemed to require the FOUNDATION to give notice of any
executive session of the Executive Committee of the FOUNDATION.
IV. TERM AND TERMINATION
4.1 Term. The term of this Agreement shall commence on January 1, 2003 and terminate at
midnight on December 31, 2003. This term shall be a period of one year.
4.2 Termination Without Cause.
(a) This Agreement may be terminated by either party, with or without cause, by giving
the other party sixty (60) days advance written notice.
(b) In the event this contract is terminated by either party pursuant to Section 4.2(a),
the CITY agrees to reimburse the FOUNDATION for any contractual obligations of the
FOUNDATION undertaken by the FOUNDATION in satisfactory performance of those
activities specified in ¶¶2.1 and 2.2 above and that were approved by the Council through the
budget, as noted in ¶3.1. This reimbursement is conditioned upon such contractual obligations
having been incurred and entered into in the good faith performance of those services
contemplated in ¶¶2.1 and 2.2 above, and further conditioned upon such contractual obligations
having a term not exceeding the full term of this Agreement. Notwithstanding any provision
hereof to the contrary, the obligation of the CITY to reimburse the FOUNDATION or to assume
the performance of any contractual obligations of the FOUNDATION for or under any contract
entered into by the FOUNDATION as contemplated herein shall not exceed 66 2/3% of the
current quarterly payment.
(c) Further, upon termination pursuant to ¶4.2(a), the FOUNDATION will provide the
CITY: 1) Within 10 business days from the termination notification, a short-term budget of
probable expenditures for the remaining 60 day period between termination notification and
contract termination. This budget will be presented to Council for approval within 10 business
days after receipt by CITY. if formal approval is not given within 10 business days and the
budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and
is within the current contractual period approved budget; the budget will be considered
approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the
City; 3) Within 5 business days of a request from the CITY, a listing of expenditures that have
occurred since the last required reporting period; 4) a final accounting of all expenditures and tax
funds on the day of termination. The FOUNDATION will be obligated to return any unused
funds or funds determined to be used improperly. Any use of remaining funds by the
FOUNDATION after notification of termination is conditioned upon such contractual
obligations having been incurred and entered into in the good faith performance of those services
contemplated in 2.1 and 2.2 above, and further conditioned upon such contractual obligations
having a term not exceeding the full term of this Agreement.
4.3 Automatic Termination. This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(a) The termination of the legal existence of the FOUNDATION;
(b) The insolvency of the FOUNDATION, the filing of a petition in bankruptcy, either
voluntarily or involuntarily, or an assignment by the FOUNDATION for the benefit of
creditors;
(c) The continuation of a breach of any of the terms or conditions of this Agreement by
either the CiTY or the FOUNDATION for more than thirty (30) days after written notice of
such breach is given to the breaching party by the other party; or
(d) The failure of the FOUNDATION to submit a financial quarterly report which complies
with the reporting procedures required herein and generally accepted accounting principles
prior to the beginning of the next contract term, or quarterly as required by Section 1.3
hereof.
4.4
Right to Immediate Termination Upon Litigation. Notwithstanding any other provision
of this Agreement, to mitigate damages and to preserve evidence and issues for judicial
determination, either party shall have the right to terminate this Agreement upon immediate
notice to the other party in the event that any person has instituted litigation concerning the
activities of the non-terminating party, and the terminating party reasonably believes that
such activities are required or prohibited under this Agreement.
4.5 In the event that this Agreement is terminated pursuant to ¶¶4.3 or 4.4, FOUNDATION
agrees to refund any and all unused funds, or funds determined by the CiTY to have been used
improperly, within 30 days after termination of this Agreement.
V. GENERAL PROVISIONS
5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, the agreement by the FOUNDATION with another private entity, person,
or organization for the performance of those services described in ¶2.1 above, in the event that the
FOUNDATION enters into any arrangement, contractual or otherwise, with such other entity,
person or organization, the FOUNDATION shall cause such other entity, person, or organization to
adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and
to TEx. T)~x CODE ch. 351, including reporting requirements, separate funds maintenance, and
limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds.
5.2 Independent Contractor. The FOUNDATION shall operate as an independent contractor
as to all services to be performed under this Agreement and not as an officer, agent, servant, or
employee of the CITY. The FOUNDATION shall have exclusive control of its operations and
performance of services hereunder, and such persons, entities, or organizations performing the same
and the FOUNDATION shall be solely responsible for the acts and omissions of its directors,
officers, employees, agents, and subcontractors. The FOUNDATION shall not be considered a
partner or joint venturer with the CITY, nor shall the FOUNDATION be considered nor in any
manner hold itself out as an agent or official representative of the CITY.
5.3 Indemnification. THE FOUNDATION AGREES TO INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE,
LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR
IN CONNECTION WITH THE PERFORMANCE BY THE FOUNDATION OR THOSE
SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH
CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR
STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF
NEGLIGENT OR INTENTIONAL ACTS OF FOUNDATION, ITS OFFICERS,
EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES.
5.4 Assignment. The FOUNDATION shall not assign this Agreement without first obtaining
the written consent of the CITY.
5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or
regulation, shall be effective when given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows:
CITY FOUNDATION
City Manager
City of Demon
215 E. McKinney
Denton, TX 76201
Denton Festival Foundation, Inc.
Carol Short
Festival Coordinator
P.O. Box 2104
Denton, Texas 76202-2104
5.6 Inurement. This Agreemem and each provision hereof, and each and every right, duty,
obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation
of the CiTY and the FOUNDATION and their respective successors and assigns.
5.7 Application of Laws. All terms, conditions, and provisions of this Agreemem are subject
to all applicable federal laws, state laws, the Charter of the City of Demon, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes
the entire agreement between the parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or understandings, oral or written, express
or implied, between or among the parties hereto, relating to the subject matter of this Agreement,
which are not fully expressed herein. The terms and conditions of this Agreemem shall prevail
notwithstanding any variance in this Agreement from the terms and conditions of any other
document relating to this transaction or these transactions.
5.9 Duplicate Originals. This Agreemem is executed in duplicate originals.
5.10 Headings. The headings and subheadings of the various sections and paragraphs of this
Agreemem are inserted merely for the purpose of convenience and do not express or imply any
limitation, definition, or extension of the specific terms of the section and paragraph so designated.
5.11 Severability. If any section, subsection, paragraph, semence, clause, phrase or word in this
Agreement, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Agreement, and the parties hereby declare they would have enacted such remaining portions despite
any such invalidity.
5.I2 Insurance. The FOUNDATION shall provide instance as follows:
$500,000 Cormnemial General Liability, or $1,000,000 Event Insurance, covering
all events taking place on City-owned property
Statutory Workers' Compensation and Employers' Liability
($100,000/$500,000/$ 100,000)
The CITY must be named ~ an additional insured on all policies (except Workers' Compensation)
and proof of coverage shall be submitted prior to any payment by the CITY.
EXECUTED this __ day of ,2002.
THE CITY OF DENTON, TEXAS
By:
EULINE BROCK, MAYOR
ATTEST:
APPROVED AS TO LEGAL FOP~M:
By:
JENNIFER WALTERS,
CITY SECRETARY
ATTEST:
PROUTY,
~ ATTOR~Y/~
DENTON FESTW/~OUNDATION, II, lC.
By;
APPROVED AS TO LEGAL FORM:
By:
Secretary
By:
Festival Foundation HOT Funding CY2003 ~ Page 8
DENTON FESTIVAL FOUNDATION
FINANCIAL REPORT
Program Year 2003
Exhibit A & B
1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER
(JAN- MAR) (APR- JUN) (JUL- SEP) (OCT- DEC)
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
$o.oo $o.oo $o.oo $o.oo
Date Program Director
This page left blank intemionally.
Agenda 02-029 09/03/02 #30
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Tax
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the
City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of
hotel tax revenue; and providing an effective date.
BACKGROUND
This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This
contract is for a one-year term beginning January 1, 2003, through midnight December 31, 2003.
Allocations are dependent upon requests for funding as well as, availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed the budget application and recommended
allocations to Council during the Work Session on August 8, 2002.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this agency is $6,800 for FY 2002-2003 and has been
included in the 2002-03 Budget.
EXHIBITS
Ordinance
Contract
Budget
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON HOLIDAY FESTIVAL
ASSOCIATION, INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute an agreement between the
City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of
hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is
attached hereto and made a part hereof.
SECTION II. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
dayof .,2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. _P~~Y
AGREEMENT BETWEEN THE CITY OF DENTON AND
DENTON HOLIDAY FESTIVAL ASSOCIATION, INC. (CY2003)
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation
(the "CITY"), and the Denton Holiday Festival Association, Inc., a legal entity incorporated under
thc laws of thc State of Texas (thc "ASSOCIATION"):
WHF.~, lex. TAX CODE §351.002 authorizes the CITY to levy by ordinance a
municipal hotel occupancy tax ("hotel tax'') not exceeding seven percent (7%) of the consideration
paid by a hotel occupant; and
WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a
municipal hotel occupancy tax in the City of Denton of seven percent (7%); and
WHEREAS, 'lEx. T.~,x CODE §351.101(a) authorizes the CITY to use revenue from its
municipal hotel occupancy tax to promote tourism and the convention and hotel industry by
advertising and conducting solicitations and promotional programs to attract tourists and convention
delegates or registrants to the municipality or its vicinity;, and
WHEREAS, the ASSOCIATION is well equipped to perform those activities; and
WHEREAS, Tex. TAX CODE §351.101(c) authorizes the CITY to delegate by contract with
the ASSOCIATION, as an independent entity, the management and supervision of programs and
activities of the type described hereinabove funded with revenue from the municipal hotel
occupancy tax;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises contained herein, the CITY and the ASSOCIATION agree and contract as follows:
I. HOTEL TAX REVENUE PAYMENT
1.1 Consideration. For and in consideration of the activities to be performed by the
ASSOCIATION under this Agreement, the CITY agrees to pay to the ASSOCIATION a portion of
the hotel tax revenue collected by the CITY at the rates and in the manner specified herein (such
payments by the CITY to the ASSOCIATION sometimes herein referred to as the "agreed
payments" or "hotel tax funds'').
1.2 Amount of Payments.
(a)
meanings:
As used in this Agreement, the following terms shall have the following specific
(i) The term "hotel tax revenue" shall mean the gross monies collected and
received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of
the price paid for a room in a hotel, pursuant to Texas Tax Code 351.002 and City
Ordinance. Hotel tax revenue will include penalty and interest related to the late
payments of the tax revenue by the taxpayer.
(ii) The term "Collection period" will mean the collection period for the CITY's
fiscal year. It will include hotel tax revenue due to the City for the relevant fiscal year and
collected through the 22nd day of the month following the close of the relevant fiscal year.
(iii) The term "base payment amount" shall mean a net amount of money equal
to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e.,
fiscal year or fiscal quarter), less (1) attorney and auditing costs incu_nexl during such
relevant period of time for costs of collection or auditing of hotel taxpayers. Attomey and
auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY
for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers;
and (2) court costs and other expenses incurred in litigation against or auditing of such
taxpayers.
(iv) The term "contract quarter" shall refer to any quarter of the calendar year in
which this Agreement is in force. Contract quarters will end on March 31a, June 30~,
September 30~, and December 31st of each contract year.
Co) In return for satisfactory performance of the activities set forth in this Agreement
and all attachments hereto, the CITY shall pay to ASSOCIATION an amount of money in each
contract year equal to the lesser amount of: Eighty One One Hundredths percent (.8I%) of the
annual base payment amount or the fixed contract amount of Six Thousand Eight Hundred
Dollars $6,800. This amount will be divided into no more than two payments, unless the CITY
can show with reasonable certainty that the annual base payment amount will be less than
originally estimated for the fiscal year. Each payment is subject to receipt of unused funds from
the prior contract period and the receipt of the required quarterly reports.
1.3 Dates of Payments.
(a) The term "payments" shall mean payments by the CITY to the ASSOCIATION of those
amounts specified in ¶1.2, above, as determined by the hotel tax revenue collected.
Co) In return for the satisfactory performance of the activities set forth in this contract and
all altachments thereto, CITY shall pay the ASSOCIATION the agreed payments specified in ¶1.2
above by no more than two payments, paying the fixed contract amount during the 1st and 2nd
quarter of the calendar year. If a second payment is due, that payment shall be paid upon receipt
of the required reports and after the 25~h day following the last day of the contract quarter. If
quarterly financial and performance repo~ are not received within thirty (30) days of the end of the
applicable quarter, the redpient may be held in breach of this Agreement. The CITY may withhold
the quarterly payment(s) until the appropriate reports are roc.~qved and approved, which approval
shall not unreasonably be withheld.
Holiday Festival HOT Funding CY 2003 - Page 2
1.4 Other limitations regarding consideration.
(a) The funding of this project in no way commits the CITY to future funding of this
program beyond the current contract period. Any future funding is solely the responsibility of the
ASSOCIATION.
Co) It is expressly understood that this contract in no way obligates the General Fund or any
other monies or credits of the CITY.
(c) CITY may withhold further allocations if CITY determines that ASSOCIATION's
expenditures deviate materially f~om their approved budget.
II. USE OF HOTEL TAX REVENUE
2.1 Use of Funds. For and in consideration of the payment by the C1TY to the ASSOCIATION
of the agreed payments of hotel tax funds specified above, the ASSOCIATION agrees to use such
hotel tax funds only for advertising and conducting solicitations and promotional programs to attract
tourists and convention delegates or registrants to the municipality or its vicinitT, as authorized by
TEX. TAX CODE §351.101(a). Funds for any calendar year which are unused by midnight December
31~t of that year shall be refunded to CITY within thirty (30) days.
2.2 Administrative Costs. The hotel tax funds received from the CITY by the ASSOCIATION
may not be spent for day-to-day operations, office supplies, salaries, travel expenses, and other
adminisWative costs.
2.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative costs of the ASSOCIATION for which hotel tax
funds may be used shall not exceed that portion of the ASSOCIATION's administrative costs
actually incurred in conducting the activities specified in ¶2.1 above.
(b) Hotel tax funds may not be spent for Wavel for a person to attend an event or conduct
an activity the primary purpose of which is not directly related to the promotion of local tourism and
the convention and hotel industry or the performance of the person's job in an efficient, and
professional manner.
m. RECORDKEEPING AND REPORTING REQUIREMENTS
3.1 Budget.
(a) The ASSOCIATION shall prepare and submit to the City Manager of the CITY an
annual budget (see Exhibit "A") as approved by the City Council for each calendar year, for such
operations of the ASSOCIATION in which the hotel tax fund.q shall be treed by the
ASSOCIATION. This budget shall specifically identify proposed expenditures of hotel tax funds
by the ASSOCIATION. In other words, the CITY should be able to audit specifically where the
funds in the separate checking account relating to hotel tax fimds will be expended. The CITY shall
not pay to the ASSOCIATION any hotel tax revenues as set forth in Section I of this contract during
any fiscal year of this Agreement unless a budget for such respective fiscal year has been appwved
Holiday Festival HOT Funding CY 2003 - Page 3
in writing by the Denton City Council authorizing the expenditure of fimds. Failure to submit an
annual budget may be considered a breach of contract, and if not remedied is considered grounds for
termination of this Agreement as stated in paragraph 4.2.
(b) The ASSOCIATION acknowledges that the approval of such budget by the Denton
City Council creates a fiduciary duty in the ASSOCIATION with respect to the hotel tax funds paid
by the CITY to the ASSOCIATION under this Agreement. The ASSOCIATION shall expend
hotel tax funds only in the manner and for the purposes specified in this Agreement, T~x. Tax
CODE §351.101(a) and in the budget as approved by the CITY.
3.2 Separate Accounts. The ASSOCIATION shall maintain any hotel tax funds paid to the
ASSOCIATION by the CITY in a separate bank checking account with segregated aceotmting,
such that any reasonable person can review the source of expenditures of tax funds. A bank
reconciliation report (see Exhibit "B") is required with each quarterly report.
3.3 Financial Records. The ASSOCIATION shall maintain complete and accurate financial
records of each expenditure of the hotel tax fimds made by the ASSOCIATION. These funds are
required to be classified as restricted funds for audited financial purposes, and may not be used for
supporting services, including, but not limited to, auditing fees and attorney's fees. Upon
reasonably advance written request of the Denton City Council, the City Manager or designate, or
any other person, shall make such financial records available for inspection and review by the party
making the request. ASSOCIATION understands and accepts that all such financial records, and
any other records relating to this Agreement shall be subject to the Public Information Act, TEx.
GOV'T CODE, eh. 552, as hereat'~er amended.
3.4 Quarterly Reports. After initial receipt of hotel tax funds, and within thirty days after the
end of every quarter thereafter, until all timds have been expended and reported to the CITY,
ASSOCIATION shall furnish to CITY: (1) a performance report of the work performed under this
Agreement describing the activities performed pursuant to this Agreement during that contract
quarter, (2) a list of the expenditures made with regard to hotel tax funds pursuant to TEX. TAX
CODE §351.101(c), and (3) a copy of all financial records (e.g., receipts, invoices, bank statements,
and other relevant documentation). Both the performance and expenditure reports will be in a form
either determined or approved by the City Manager or designate (see Exhibit "B"). The
ASSOCIATION shall respond promptly to any request from the City Manager of the CITY, or
designate, for additional information relating to the activities performed under this Agreement.
3.5 Notice of Meetings. The ASSOCIATION shall give the City Manager or its designate of
the CITY reasonable advance written notice of the time and place of all meetings of
ASSOCIATION's Board of Directors, as well as any other meeting of any constituency of the
ASSOCIATION at which this Agreement or any matter the subject of this Agreement shall be
considered. Tiffs provision shall not be deemed to require the ASSOCIATION to give notice of any
executive session of the Executive Committee of the ASSOCIATION.
IV. TERM AND TERMINATION
4.1 Term. The term of this Agreement shall commence on January 1, 2003 and tem-dnate at
midnight on December 31, 2003. This term shall be a period of one year.
Holiday Festival HOT Funding CY 2003 - Page 4
4.2 Termination Without Cause.
(a) This Agreement may be terminated by either party, with or without cause, by giving
the other party sixty (60) days advance written notice.
(b) In the event this contract is terminated by either party pursuant to Section 4.2(a),
the CITY agrees to reimburse the ASSOCIATION for any contractual obligations of the
ASSOCIATION undertaken by the ASSOCIATION in satisfactory performance of those
activities specified in ~[2.1 and 2.2 above and that were approved by the Council through the
budget, as noted in ¶3.1. This reimbursement is conditioned upon such contractual obligations
having been incurred and entered into in the good faith performance of those services
contemplated in ¶¶2.1 and 2.2 above, and further conditioned upon such contractual obligations
having a term not exceeding the full term of this Agreement. Notwithstanding any provision
hereof to the contrary, the obligation of the CITY to reimburse the ASSOCIATION or to assume
the performance of any contractual obligations of the ASSOCIATION for or under any contract
entered into by the ASSOCIATION as contemplated herein shall not exceed 66 2/3% of the
current quarterly payment.
(c) Further, upon tenninatabn pursuant to ¶4.2(a), the ASSOCIATION will provide the
CITY: 1) Within l0 business days from the termination notification, a short-term budget of
probable expenditures for the remaining 60 day period between termination notification and
contract termination. This budget will be presented to Council for approval within 10 business
days after receipt by CITY. If formal approval is not given within 10 business days and the
budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and
is within the current contractual period approved budget; the budget will be considered
approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the
City; 3) Within 5 business days of a request from the CITY, a listing of expenditures that have
occurred since the last required reporting period; 4) a final accounting of all expenditures and tax
funds on the day of termination. The ASSOCIATION will be obligated to return any unused
funds or funds determined to be used improperly. Any use of remaining funds by the
ASSOCIATION after notification of termination is conditioned upon such contractual
obligations having been incurred and entered into in the good faith performance of those services
contemplated in 2. I and 2.2 above, and further conditioned upon such contractual obligations
having a term not exceeding the full term of this Agreement.
4.3 Automatic Termination. This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(a) The termination of the legal existence of the ASSOCIATION;
(b) The insolvency of the ASSOCIATION, the filing of a petition in bankruptcy, either
voluntarily or involuntarily, or an assignment by the ASSOCIATION for the benefit of
creditors;
Holiday Festival HOT Funding CY 2003 - Page 5
(c) The continuation of a breach of any of the terms or conditions of this Agreement by
either the CITY or the ASSOCIATION for more than thirty 00) days alter written notice of
such breach is given to the breaching party by the other party; or
(d) The failure of the ASSOCIATION to submit a financial quarterly report which complies
with the reporting procedures required herein and generally accepted accounting principles
prior to the beginning of the next contract term, or quarterly as required by Section 1.3
hereof.
4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision
of this Agreement, to mitigate damages and to preserve evidence and issues for judicial
determination, either party shall have the right to terminate this Agreement upon immediate notice
to the other party in the event that any person has instituted litigation concerning the activities of the
non-terminating party, and the termina~g party reasonably believes that such activities are required
or prohibited under this Agreement.
4.5 In the event that this Agreement is terminated pursuant to '~14.3 or 4.4, ASSOCIATION
agrees to refund any and all unused funds, or funds determined by the CITY to have been used
improperly, within 30 days after termination of this Agreement.
V. GENERAL PROVISIONS
5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, thc agreement by the ASSOCIATION with another private entity, person,
or organization for the performance of those services described in ¶2.1 above. In the event that the
ASSOCIATION enters into any arrangement, contractual or otherwise, with such other entity,
person or organization, the ASSOCIATION shall cause such other entity, person, or organization to
adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and
to TEX. TAX CODE ch. 351, including reporting requirements, separate funds ma/ntenance, and
limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax fimds.
5.2 Independent Contractor. The ASSOCIATION shall operate as an independent contractor
as to all services to be performed under this Agreement and not as an officer, agent, servant, or
employee of the CITY. The ASSOCIATION shall have exclusive control of its operations and
performance of services hereunder, and such persons, entities, or organizations performing the same
and the ASSOCIATION shall be solely responsible for the acts and omissions of its directors,
officers, employees, agents, and subcontractors. The ASSOCIATION shall not be considered a
partner or joint venturer with the CITY, nor shall the ASSOCIATION be considered nor in any
manner hold itself out as an agent or official representative of the CITY.
5.3 Indemnification. THE ASSOCIATION AGREES TO INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE,
LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR
IN CONNECTION WITH THE PERFORMANCE BY THE ASSOCIATION OR THOSE
SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH
CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR
Holiday Festival HOT Funding CY 2003 - Page 6
STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF
NEGLIGENT OR INTENTIONAL ACTS OF ASSOCIATION, ITS OFFICERS,
EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES.
5.4 Assignment. The ASSOCIATION shall not assign this Agreement without first obtaining
the written consent of the CITY.
5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or
regulation, shall be effective when given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows:
CITY ASSOCIATION
City Manager
City of Denton
215 E. McKinney
Denton, TX 76201
Bob Moses
Denton Holiday Festival Foundation, Inc.
P.O. Box 2765
Denton, Texas 76202-2765
5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty,
obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation
of the CITY and the ASSOCIATION and their respective successors and assigns.
5.7 Application of Laws. All terms, conditions, and provisions of this Agrecraent arc subject
to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes
the entire agreement between the parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or understandings, oral or written, express
or implied, between or among the parties hereto, relating to the subject matter of this Agreement,
which are not fully expressed herein. The terms and conditions of this Agreement shall prevail
notwi .thstanding any variance in this Agreement from the teniis and conditions of any other
document relating to this transaction or these transactions.
5.9 Duplicate Originals. This Agreement is executed in duplicate originals.
5.10 Headings. The headings and subheadings of the various sections and paragraphs of this
Agreement are inserted merely for the purpose of convenience and do not express or imply any
limitation, definition, or extension of the specific terms of the section and paragraph so designated.
5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this
Agreement,, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Agreement, and the parties hereby declare they would have enacted such remaining portions despite
any such invalidity.
Holiday Festival HOT Funding CY 2003 - Page 7
EXECUTED this
__dayof
,2002.
THE CITY OF DENTON, TEXAS
By:
EULINE BROCK, MAYOR
ATTEST:
By:
JENNIFER WALTERS,
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
By: ~/t~~
HERBERT L. PROLr~,
CITY ATTORNEY/
DENTON HOLIDAY
ASSOCIATION, INC.
FESTIVAL
ATTEST:
By: C~
APPROVED AS TO LEGAL FORM:
By:
Secretary
F:~'~Om' I~ct m'm~~-IOT',Holk~y F~v~
By:
Holiday Festival HOT Funding CY 2003 - Page 8
DENTON HOLIDAY FESTIVAL ASSOCIATION
FINANCIAL REPORT
Program Year 2003
Exhibit A & B
1ST 2ND 3RD 4TH
QUARTER QUARTER QUARTER QUARTER
(JAN- MAR) (APR- JUN) (JUL- SEP) (OCT- DEC)
$o.oo $o.oo $o.oo $o.oo
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Date Submitted Program Director
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Agenda 02-029 09/03/02 #31
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Tax
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the
City of Demon and the Tejas Storytelling Association, Inc. for the paymem and use of hotel tax
revenue; and providing an effective date.
BACKGROUND
This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This
comract is for a one-year term beginning January 1, 2003, through midnight December 31, 2003.
Allocations are dependem upon requests for funding as well as, availability of revenues.
PRIOR ACTION/REVIEW
The Hotel Occupancy Tax Committee reviewed the budget application and recommended
allocations to Council during the Work Session on August 8, 2002.
FISCAL INFORMATION
The Hotel Occupancy Tax allocation for this agency is $49,865 for FY 2002-2003 and has been
included in the 2002-03 Budget.
EXHIBITS
Ordinance
Contract
Budget
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
ORDINAl,ICE NO.
~ ORDNANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CiTY OF DENTON AND THE TEJAS STORYTELL~G ASSOC~TION,
INC. FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; ~ PROV~ING ~
EFFECTIVE DATE.
THE CO~CIL OF THE CITY OF DENTON HE,BY ORDAD4S:
SECTION I. That the Mayor is hereby authorized to execute an agreement between the
City of Denton and the Tejas Storytelling Association, Lc. for the pa~ent and use of hotel tax
revenue, under the terms and conditions contained in the agreernent, a copy of which is attached
hereto and made a part hereof.
SECTION II. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED .AND APPROVED this the
day of ,2002.
ATTEST:
JENN~ER WALTERS, CITY SECreTlY
EUL~ BROCK, lVIAYOR
BY:
APPROVED
I~~ PRO:UTY, CITY
AGREEMENT BETWEEN THE CITY OF DENTON AND
TEJAS STORYTELLING ASSOCIATION, INC. (CY~00~)
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation
(the "CITY"), and the Tejas Storytelling Association, Inc., a legal entity incorporated under the laws
of the State of Texas (the "ASSOCIATION"):
WHEREAS, TEX. TAX CODE §351.002 authorizes the CITY to levy by ordinance a
municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration
paid by a hotel occupant; and
WHEREAS, by ordinance, the CITY has provided for the assessment and collection of a
municipal hotel occupancy tax in the City of Denton of seven percent (7%); and
WHEREAS, 'lEx. TAX CODE §351.101(a) authorizes the CITY to use revenue from its
municipal hotel occupancy tax to promote tourism and the convention and hotel industry by
advertising and conducting solicitations and promotional programs to attract tourists and convention
delegates or registrants to the municipality or its vicinity, and
WHEREAS, the ASSOCIATION is well equipped to perform those activities; and
WHEREAS, TEx. Tax CoDe §351.101(c) authorizes the CITY to delegate by contract with
the ASSOCIATION, as an independent entity, the management and supervision of programs and
activities of the type described hereinabove funded with revenue from the municipal hotel
occupancy tax;
NOW, THEREFORE, in consideration of the performance of the mutual covenants and
promises contained herein, the CITY and the ASSOCIATION agree and contract as follows:
I. HOTEL TAX REVENUE PAYMENT
1.1 Consideration. For and in consideration of the activities to ,be performed by the
ASSOCIATION under this Agreement, the CITY agrees to pay to the ASSOCIATION a portion of
the hotel tax revenue collected by the CITY at the rotes and in the manner specified herein (such
payments by the CITY to the ASSOCIATION sometimes herein referred to as the "agreed
payments" or "hotel tax funds').
1.2 Amount of Payments.
(a)
meanings:
As used in this Agreement, the following terms shall have the following specific
(i) The term "hotel tax revenue" shall mean the gross monies collected and
received by the City as municipal hotel occupancy tax at the rate of seven percent (7%) of
the price paid for a room in a hotel, pursuant to Texas Tax Code 351.002 and City
Ordinance. Hotel tax revenue will include penalty and interest related to the late
payments of the tax revenue by the taxpayer.
(ii) The term "Collection period" will mean the collection period for the CITY's
fiscal year. It will include hotel tax revenue due to the City for the relevant fiscal year and
collected through the 22nd day of the month following the close of the relevant fiscal year.
(iii) The term "base payment amount" shall mean a net amount of money equal
to the total hotel tax revenue collected by the CITY during any relevant period of time (i.e.,
fiscal year or fiscal quarter), less (1) attomey and auditing costs incurred during such
relevant period of time for costs of collection or auditing of hotel taxpayers. Attomey and
auditing costs include fees paid to attorneys or agents not in the regular employ of the CITY
for which attorneys or agents effect compliance or collection of the hotel tax fi'om taxpayers;
and (2) court costs and other expenses incurred in litigation against or auditing of such
taxpayers.
(iv) The term "contract quarter" shall refer to any quarter of the calendar year in
which this Agreement is in force. Contract quarters will end on March 31st, June 30tlg
September 30th, and December 31st of each contract year.
(b) In return for satisfactory performance of the activities set forth in this Agreement
and all attachments hereto, the CITY shall pay to ASSOCIATION an amount of money in each
contract year equal to the lesser amount of: Five and Ninety Four One Hundredths percent
(5.94%) of the annual base payment amount or the fixed contract amount of Forty Nine
Thousand and Eight Hundred and Sixty Five Dollars ($49,865). This amount will be divided
into quarterly payments equal to 25% of the annual fixed conWact amount, unless the CITY can
show with reasonable certainty that the annual base payment amount will be less than originally
estimated for the fiscal year. The fourth quarterly payment will represent 25% of the fixed
contract amount or the unpaid remainder of 5.94% of the base payment amount, whichever is
less. Each quarterly payment is subject to receipt of unused funds from the prior contract period
and the receipt of the required quarterly reports.
1.3 Dates of Payments to ASSOCIATION.
(a) The term "quarterly payments" shall mean payments by the CITY to the
ASSOCIATION of those amounts specified in '11.2, above, as determined by the hotel tax revenue
collected.
(b) Each quarterly payment shall be paid upon receipt of the required reports and after the
25th day following the last day of the contract quarter. If quarterly financial and performance
reports are not received within ~rty (30) days of the end of the applicable contract quarter, the
recipient may be held in breach of this Agreement. The CITY may withhold the quarterly
payment(s) until the appwpriate reports are received and approved, which approval shall not
unreasonably be withheld.
Tejas HOT Funding CY 2003 - Page 2
1.4 Other limitations regarding consideration.
(a) The funding of this project in no way commits the CITY to future funding of this
program beyond the current contract period. Any future funding is solely the responsibility of the
ASSOCIATION.
(b) It is expressly understood that this contract in no way obligates the General Fund or any
other monies or credits of thc CITY.
(¢) CITY may withhold further allocations if CITY determines that ASSOCIATION's
expenditures deviate materially from their approved budget.
II. USE OF HOTEL TAX REVENUE
2.1 Use of Funds. For and in consideration of the payment by the C1TY to the ASSOCIATION
of the agreed payments of hotel tax funds specified above, the ASSOCIATION agrees to use such
hotel tax funds only for advertising and conducting solicitations and promotional programs to attract
tourists and convention delegates or registrants to the municipality or its vicinity, as well as to
engage in historical restoration and preservation projects and promotional programs to encourage
tourists and convention delegates to visit preserved historic sites or museums as authorized by TEX.
TAX CODE {}351.101 (a). Funds for any calendar year which are unused by midnight December 31 st
of that year shall be refunded to CITY within thirty (30) days.
2.2 Administrative Costs. The hotel tax funds received from the CITY by the ASSOCIATION
may be spent for day-to-day operations, office supplies, salaries, travel expenses, and other
administrative costs that are incurred directly in the performance by the ASSOCIATION of those
activities specified in ¶2.1 above and are allowed by TEX. TAX CODE {}351.101 (f).
2.3 SpeCific Restrictions on Use of Funds.
(a) That portion of total administrative costs of the ASSOCIATION for which hotel tax
funds may be used shall not exceed that portion of the ASSOCIATION's administrative costs
actually incurred in conducting the activities specified in ¶2.1 above.
(b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct
an activity the primary purpose of which is not directly related to the promotion of local tourism and
the convention and hotel industry or the performance of the person's job in an efficient and
professional manner.
IH. RECORDKEEPING AND REPORTING REQUIREMENTS
3.1 Budget.
(a) The ASSOCIATION shall prepare and submit to the City Manager of the CITY an
annual budget (see Exhibit "A") as approved by the City Council for each calendar year, for such
operations of the ASSOCIATION in which the hotel tax funds shall be used by the
ASSOCIATION. This budget shall specifically identify proposed expenditures of hotel tax funds
by the ASSOCIATION. In other words, the CITY should be able to audit specifically where the
Tejas HOT Funding CY 2003 - Page 3
funds in the separate checking account relating to hotel tax funds will be expended. The CITY shall
not pay to the ASSOCIATION any hotel tax revenues as set forth in Section I oft. his contract during
any fiscal year of this Agreement unless a budget for such respective fiscal year has been approved
in writing by the Denton City Council authorizing the expenditure of funds. Failure to submit an
annual budget may be considered a breach of contract, and if not remedied is considered grounds for
termination of this Agreement as stated in paragraph 4.2.
Co) The ASSOCIATION acknowledges that the approval of such budget by the Denton
City Council creates a fiduciary duty in the ASSOCIATION with respect to the hotel tax funds paid
by tho CITY to the ASSOCIATION under this Agreement. The ASSOCIATION shall expend
hotel tax funds only in the manner and for the purposes specified in this Agreement, T~x. TAX
CODP. {}351.101(a) and in the budget as approved by the CITY.
3.2 Separate Accounts. The ASSOCIATION shall maintain any hotel tax funds paid to the
ASSOCIATION by the C1TY in a separate bank checking account with segregated accounting,
such that any reasonable person can review the source of expenditures of tax funds. A bank
reconciliation report (see Exhibit "B") is required with each quarterly report.
3.3 Financial Records. The ASSOCIATION shall maintain complete and accurate financial
records of each expenditure of the hotel tax funds made by the ASSOCIATION. These funds are
required to be classified as restricted funds for audited financial purposes, and may not be used for
supporting services, including, but not limited to, auditing fees and attorney's fees. Upon
reasonably advance written request of the Denton City Council, the City Manager or designate, or
any other person, shall make such financial records available for inspection and review by the party
making the request. ASSOCIATION understands and accepts that all such financial records, and
any other records relating to this Agreement shall be subject to the Public Information Act, T~x.
GOV'T CODe, ch. 552, as herea~er amended.
3.4 Quarterly Reports. Within thirty days alter the end of every contract quarter,
ASSOCIATION shall furnish to CITY: (1) a performance report of the work performed under this
Agreement describing the activities performed pursuant to this Agreement during that contract
quarter, (2) a list of the expenditures made with regard to hotel tax funds pursuant to TEx. TAX
CODe §351.101(c), and O) a copy of all financial records (e.g., receipts, invoices, bank statements,
and other relevant documentation). Both the performance and expenditure reports will be in a form
either determined or approved by the City Manager or designate (see Exhibit "B"). The
ASSOCIATION shall respond promptly to any request f~om the City Manager of the CITY, or
designate, for additional information relating to the activities performed under this Agreement.
3.5 Notice of Meetings. The ASSOCIATION shall give the City Manager or its designate of
the CITY reasonable advance written notice of the time and place of all meetings of
ASSOCIATION's Board of Directors, as well as any other meeting of any constituency of the
ASSOCIATION at which this Agreement or any matter the subject of this Agreement shall be
considered. This provision shall not be deemed to require the ASSOCIATION to give notice of any
executive session of the Executive Committee of the ASSOCIATION.
Tejas HOT Funding CY 2003 - Page 4
IV. TERM AND TERMINATION
4.1 Term. The term of this Agreement shall commence on January 1, 2003 and temainate at
midnight on December 31, 2003. This term shall be a period of one year.
4.2 Termination Without Cause.
(a) This Agreement may be terminated by either party, with or without cause, by giving
the other party sixty (60) days advance written notice.
(b) In the event this contract is terminated by either party pursuant to Section 4.2(a),
the CITY agrees to reimburse the ASSOCIATION for any contractual obligations of the
ASSOCIATION undertaken by the ASSOCIATION in satisfactory performance of those
activities specified in ~[2.1 and 2.2 above and that were approved by the Council through the
budget, as noted in '13.1. This reimbursement is conditioned upon such contractual obligations
having been incurred and entered into in the good faith performance of those services
contemplated in ¶¶2.1 and 2.2 above, and further conditioned upon such contractual obligations
having a term not exceeding the full term of this Agreement. Notwithstanding any provision
hereof to the contrary, the obligation of the CITY to reimburse the ASSOCIATION or to assume
the performance of any contractual obligations of the ASSOCIATION for or under any contract
entered into by the ASSOCIATION as contemplated herein shall not exceed 66 2/3% of the
current quarterly payment.
(c) Further, upon termination pursuant to ¶4.2(a), the ASSOCIATION will provide the
CITY: 1) Within 10 business days from the termination notification, a short-term budget of
probable expenditures for the remaining 60 day period between termination notification and
contract termination. This budget will be presented to Council for approval within 10 business
days after receipt by CITY. If formal approval is not given within 10 business days and the
budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and
is within the current contractual period approved budget; the budget will be considered
approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by the
City; 3) Within 5 business days of a request from the C1TY, a listing of expenditures that have
occurred since the last required reporting period; 4) a final accounting of all expenditures and tax
funds on the day of termination. The ASSOCIATION will be obligated to return any unused
funds or funds determined to be used improperly. Any use of remaining funds by the
ASSOCIATION after notification of termination is conditioned upon such contractual
obligations having been incurred and entered into in the good faith performance of those services
contemplated in 2.1 and 2.2 above, and further conditioned upon such contractual obligations
having a term not exceeding the full term of this Agreement.
4.3 Automatic Termination. This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(a) The tei-mination of the legal existence of the ASSOCIATION;
Tejas HOT Funding CY 2003 - Page 5
(b) The insolvency of the ASSOCIATION, the filing of a petition in bankruptcy, either
voluntarily or involuntarily, or an assignment by the ASSOCIATION for the benefit of
creditors;
(¢) The continuation of a breach of any of the terms or conditions of this Agreement by
either the CITY or the ASSOCIATION for more than thirty (30) days after written notice of
such breach is given to the breaching party by the other party, or
(d) The failure of the ASSOCIATION to submit a financial quarterly report which complies
with the reporting procedures required herein and generally accepted accounting principles
prior to the beginning of the next contract term, or quarterly as required by Section 1.3
hereof.
4.4
Right to Immediate Termination Upon Litigation. Notwithstanding any other provision
of this A~ement, to mitigate damages and to preserve evidence and issues for judicial
determination, either party shall have the right to terminate this Agreement upon immediate
notice to the other party in the event that any person has instituted litigation concerning the
activities of the non-terminating party, and the terminating party reasonably believes that
such activities are required or prohibited under this Agreement.
4.5 In the event that this Agreement is terminated pursuant to ~4.3 or 4.4, ASSOCIATION
agrees to refund any and all unused funds, or funds determined by the CITY to have been used
improperly, within 30 days after termination of this Agreement.
V. GENERAL PROVISIONS
5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, the agreement by the ASSOCIATION with another private entity, person,
or organization for the performance of those services described in ¶2.1 above. In the event that the
ASSOCIATION enters into any arrangement, contractual or otherwise, with such other entity,
person or organization, the ASSOCIATION shall cause such other entity, person, or organization to
adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and
to TEX. Tt~x CODE ch. 351, including reporting requirements, separate funds maintenance, and
limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds.
5.2 Independent Contractor. The ASSOCIATION shall operate as an independent contractor
as to all services to be performed under this Agreement and not as an officer, agent, servant, or
employee of the CITY. The ASSOCIATION shall have exclusive control of its operations and
performance of services hereunder, and such persons, entities, or organizations performing the same
and the ASSOCIATION shall be solely responsible for the acts and omissions of its directors,
officers, employees, agents, and subcontractors. The ASSOCIATION shall not be considered a
partner or joint venturer with the CITY, nor shall the ASSOCIATION be considered nor in any
manner hold itself out as an agent or official representative of the CITY.
5.3 Indemnification. THE ASSOCIATION AGREES TO INDEMNIFY, HOLD
HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES
FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE,
Tejas HOT Funding CT 2003 - Page 6
LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTER, ARISING OUT OF OR
IN CONNECTION WITH THE PERFORMANCE BY THE ASSOCIATION OR THOSE
SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH
CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR
STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF
NEGLIGENT OR INTENTIONAL ACTS OF ASSOCIATION, ITS OFFICERS,
EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES.
5.4 Assignment. The ASSOCIATION shall not assign this Agreement without first obtaining
the written consent of the CITY.
5.5 Notice. Any notice required to be given under this Agreernent or any statute, ordinance, or
regulation, shall be effective when given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows:
CITY ASSOCIATION
City Manager
City of Denton
215 E. McKinney
Denton, TX 76201
Tejas Storytelling Association, Inc.
Karen Morgan
P.O. Box 2806
Denton, Texas 76202-2806
5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty,
obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation
of the CITY and the ASSOCIATION and their respective successors and assigns.
5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject
to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes
the entire agreement between the parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or understandings, oral or written, express
or implied, between or among the parties hereto, relating to the subject matter of this Agreement,
which are not fully expressed herein. The terms and conditions of this Agreement shall prevail
notwithstan~g any variance in this Agreement from the terms and conditions of any other
document relating to this transaction or these transactions.
5.9 Duplicate Originals. This Agreement is executed in duplicate originals.
5.10 Headings. The headings and subheadings of the various sections and paragraphs of this
Agreement are inserted merely for the purpose of convenience and do not express or imply any
limitation, definition, or extension of the specific terms of the section and paragraph so designated.
5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this
Agreement, or application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Tejas HOT Funding CY 2003 - Page 7
Agreement, and the parties hereby declare they would have enacted such remaining portions despite
any such invalidity.
5.12 Insurance. The ASSOCIATION shall provide insurance as follows:
$500,000 Commercial General Liability, or $1,000,000 Event Insurance, covering
all events taking place on City-owned property
Statutory Workers' Compensation and Employers' Liability
($100,000/$500,000/$100,000)
The CITY must be named as an additional insured on all policies (except Workers' Compensation)
and proof of coverage shall be submitted prior to any payment by the CITY.
EXECUTED~s__~yof ,2~2
THE CITY OF DENTON, TEXAS
EULINE BROCK, MAYOR
ATTEST:
By:
JENNIFER WALTERS,
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
By: ~
CITY ATTORNEY~,/
TEJAS STORYTELLING ASSOCIATION,
INC.
ATTEST:
APPROVED AS TO LEGAL FORM:
By:
Secretary
By:
F:~m~k~q,GLg~' ~03tI-K)'lXTq~.d~
Tejas HOT Funding CY 2003 - Page 8
TEJAS STORYTELLING ASSOCIATION
FINANCIAL REPORT
Program Year 2003
Exhibit A & B
1ST 2ND 3RD 4TH
QUARTER QUARTER QUARTER QUARTER
(JAN- MAR) (APR- JUN) (JUL-SEP) (OCT- DEC)
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Project Director
Local President
Date Date
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Agenda 02-029 09/03/02 #32
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
ACM:
September 3, 2002
Management and Budget
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider adoption of an ordinance adopting the budget of the City of Demon, Texas for the
fiscal year beginning October 1, 2002, and ending September 30, 2003; and declaring an
effective date.
BACKGROUND
Please find attached an ordinance to adopt the 2002-2003 Budget as directed by City Council on
August 20, 2002. The City Council received the 2002-2003 Proposed Budget on July 31, 2002.
A budget workshop was held August 8, 2002. A Council budget study was held on August 20,
2002. Finally, the Public Hearing on the 2002-2003 Proposed Budget was conducted on August
20, 2002. The tax rate used to balance the General Fund budget is $.54815 per $100 valuation.
FISCAL INFORMATION
The total 2002-2003 budget is listed below:
General Fund
Electric Fund
Water Fund
Wastewater Fund
Solid Waste Fund
Technology Services Fund
Materials Management Fund
Motor Pool Fund
Fleet Services Fund
Recreation Fund
Tourist & Convention Fund
Emily Fowler Library Fund
Police Confiscation Fund
General Debt Service Fund
$ 61,914,053
160,763,330
33,867,836
20,097,547
12,499,687
7,391,248
9,431,855
4,428,559
4,058,872
2,911,206
840,000
99,686
88,600
9,833,866
$328,226,345
Respectfully submitted:
Kathy DuBose
Assistam City Manager
Fiscal and Municipal Services
S:\Our Documents\Ordinances\02\Ordinance Adopting 2003 Budget.doc
ORDINANCE NO.
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR
THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2002, AND ENDING ON SEPTEMBER
30, 2003; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, notice of a public hearing on lhe budget for the City of Demon, Texas, for the
fiscal year 2002-2003 was heretofore published at least ten days in advance of said public heating;
and
WHEREAS, a public hearing on the said budget was duly held on August 20, 2001, and all
imerested persons were given an opportunity to be heard for or against any item thereof; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The budget for the City of Demon, Texas for the fiscal year beginning on
October 1, 2002, and ending on September 30, 2003 prepared by the City Manager and filed with
the City Secretary, as amended by the City Council, is hereby approved and adopted, a copy of
which budget is attached hereto and incorporated by reference herein.
SECTION 2. The City Council hereby appropriates from available resources to the following
funds:
General Fund
Electric Fund
Water Fund
Wastewater Fund
Solid Waste Fund
Technology Services Fund
Materials Management Fund
Motor Pool Fund
Fleet Services Fund
Recreation Fund
Tourist & Convention Fund
Emily Fowler Library Fund
Police Confiscation Fund
General Debt Service Fund
$ 61,914,053
160,763,330
33,867,836
20,097,547
12,499,687
7,391,248
9,431,855
4,428,559
4,058,872
2,911,206
840,000
99,686
88,600
9,833,866
Total $328,226,345
SECTION 3. The budget includes certain unlisted, authorized and unpaid encumbrances
from the prior fiscal year to be carded over to the 2002-2003 budget as determined by the City
Manager or his designee.
SECTION 4. The City Manager, or his designee, is hereby authorized to transfer the amounts
of money for employee benefit and salary adjustments as contained in the 2002-2003 budget to the
various departments.
SECTION 5. The City Manager, or his designee, shall cause copies of the budget to be filed
with the City Secretary and County Clerk of Denton County.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 2
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Agenda 02-029 09/03/02 #33
AGENDA INFORMATION SHEET
AGENDA DATE: September 3, 2002
DEPARTMENT: Management and Budget
ACM:
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of a resolution adopting the first year of the Capital Improvement Plan
proposed by the Planning and Zoning Commission and the Public Utilities Board; and providing
an effective date.
BACKGROUND
Please find attached a resolution to approve the first year (2002-2003) of the five-year General
Government and Utility Capital Improvement Program (CIP).
PRIOR ACTION/REVIEW (Council, Boards, Commissions)
The Planning and Zoning Commission received the proposed 2002-2007 CIP and held a public
hearing on June 26, 2002 to receive input regarding any additional general obligation funded
projects. No new or additional projects were recommended to be added to the proposed 2002-
2007 CIP. The Public Utility Board recommended the Utility CIP on June 17, 2002.
FISCAL INFORMATION
The 2002-2007 CIP includes $41.850 million in General Government projects, $200,000 in Fleet
Services projects, $565,000 in Recreation projects, $1.0 million in Technology Services projects,
$75.198 million in Electric projects, $55.364 million in Water projects, $57.503 million in
Wastewater projects, and $7.034 million in Solid Waste projects.
EXHIBITS
Proposed 2002-2007 Capital Improvement Program
Respectfully submitted:
Kathy DuBose
Assistant City Manager, Fiscal and Municipal Services
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CITY OF DENTON, TEXAS
ANNUAL PROGRAM OF SERVICES
PROPOSED 2002-07 CAPITAL IMPROVEMENT PROGRAM
ELECTRIC UTILITY
CASH REQUIREMENTS
GROUP
ASSIGNMENT
NUMBERS *
CATEGORY 2002-03 2003-04 2004-05 2005-06 2006-07 TOTAL
2
3
4
5
6
7
8
9
11
12
13
15
17
18
19
2O
21
Capital Construction Reserve $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 2,500,000
New Residential & Commercial Development 2,814,075 3,014,086 3,287,177 3,417,285 3,553,650 16,086,273
Feeder Extensions & Improvements 4,873,885 3,962,229 3,698,992 2,581,191 2,369,850 17,486,147
Distribution Transformers 705,000 750,000 840,000 880,000 904,528 4,079,528
Meters 453,000 476,000 483,000 490,000 505,000 2,407,000
Automated Meter Read ing 190,000 194,000 196,000 198,000 200,000 978,000
Distribution Substations 2,766,000 460,500 40,000 40,000 33,000 3,339,500
Street Lighting 784,381 830,100 931,038 864,801 1,042,099 4,452,419
Tools and Equipment 30,000 45,000 45,000 45,000 45,000 210,000
Transmission Lines 4,911,000 2,639,000 1,686,000 1,596,000 10,832,000
Contingency 300,000 300,000 300,000 300,000 300,000 1,500,000
Building Construction 30,000 30,000
Power Factor Improvement 72,000 72,000 72,000 72,000 72,000 360,000
Communications Equipment 974,000 2,155,000 550,000 575,000 630,000 4,884,000
Over-to-Under Conversions 350,000 350,000 350,000 350,000 350,000 1,750,000
Miscellaneous, Other (UPS) 7,600 7,700 7,800 7,900 10,000 41,000
Transmission Substation 3,915,000 347,500 4,262,500
TOTAL $ 23,675,941 $ 16,103,115 $ 12,987,007 $ 11,917,177 $ 10,515,127 $ 75,198,367
Utility Bonds $ 22,831,341 $ 15,243,415 $ 12,127,207 $ 11,057,277 $ 9,660,127 70,919,367
Revenue 844,600 859,700 859,800 859,900 855,000 4,279,000
Grand Total $ 23,675,941 $ 16,103,115 $ 12,987,007 $ 11,917,177 $ 10,515,127 $ 75,198,367
*GROUP ASSIGNMENT (GA) NUMBERS are used for identification of CIP Projects by major
category of expense.
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\\Ch-asWOL1 \users\JKWALTERkAgendas\September 3, 2002\Backup\Adopting CIP\3-RES Adopting CIP.doc
RESOLUTION NO.
A RESOLUTION ADOPTING THE FIRST YEAR OF THE CAPITAL IMPROVEMENT
PLAN PROPOSED BY THE PLANNING AND ZONING COMMISSION AND PUBLIC
UTILITIES BOARD; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on the 26th day of June, 2002, the Planning and Zoning Commission rec-
ommended the general government capital improvements to be constructed during the forthcom-
ing year; and
WHEREAS, on the 17th day of June, 2002, the Public Utilities Board recommended the
utility capital improvements to be constructed during the forthcoming year; and
WHEREAS, the City Manager furnished a copy of the recommendations to the City
Council on July 31, 2002; and
WHEREAS, all of the above actions were taken in compliance with the requirements of
Section 10.03(a)(6) of the City Charter; and
WHEREAS, the City Council wishes to formally adopt the recommendations of the
Planning and Zoning Commission and Public Utilities Board; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The Council approves the list of capital improvements proposed to be con-
structed during the forthcoming year, which is attached hereto and incorporated herein and made
a part of this resolution for all purposes.
SECTION 2. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
__day of ,2002.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
EULINE BROCK, MAYOR
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Agenda 02-029 09/03/02 #34
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
September 3, 2002
Fiscal Operations, Tax Department
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of an ordinance levying the ad valorem tax of the City of Demon, Texas, for
the year 2002, on all taxable property within the corporate limits of the City on January 1, 2002,
not exempt by law; providing revenues for payment of current municipal expenses, and for
imerest and sinking fund on outstanding City of Demon bonds; providing for limited exemptions
of certain homesteads; providing for enforcement of collections; providing for a severability
clause; and providing an effective date.
BACKGROUND
Please find attached an ordinance to adopt the ad valorem tax rate for 2002. The proposed rate of
$.54815 per $100 valuation is used to balance the 2002-03 budget and has not changed from the
currem rate.
PRIOR ACTION/REVIEW
The proposed tax rate is included in the proposed 2002-03 Annual Program of Services that was
reviewed and discussed in the City Council Workshop on August 8, 2002.
FISCAL INFORMATION
The proposed property tax rate should generate $20,300,256 of which $12,523,297 is budgeted
to support general fund services and $7,776,959 is budgeted for debt service.
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
ORDINANCE NO.
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS,
FOR THE YEAR 2002, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS
OF THE CITY ON JANUARY 1, 2002, NOT EXEMPT BY LAW; PROVIDING REVENUES
FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND
SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR
LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT
OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas is not seeking to approve a tax rate that exceeds the
lower of the rollback tax rate or 103 percent of the effective tax rate: and
WHEREAS, the City Council deems it in the public imerest to adopt a tax rate for the 2002
tax year; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. By authority of the Charter of the City of Demon, Texas, and the Laws of the
State of Texas, there is hereby levied for the year 2002, on all taxable property situated within the
corporate limits of the City of Denton on January 1, 2002, and not exempt by the Constitution and
laws of the State of Texas or municipal ordinance or by Sections 4, 5, and 6 of this ordinance, a tax
of $0.54815 on each $100 assessed value of all taxable property. (This tax is expected to increase
total revenue from properties on the tax roll by 9.98% over 2001 tax revenues.)
SECTION 2. Of the total tax, $0.33816 of each $100 of assessed value shall be distributed to
the General Fund of the City to fund maimenance and operation expenditures of the City.
SECTION 3. Of the total tax, $0.20999 of each $100 of assessed value shall be distributed to
pay the City's debt service as provided by Section 26.04(e)(3) of the Texas Property Tax Code.
SECTION 4. Pursuant to Article VIII, Section 1-b of the Texas Constitution, and pursuam to
the provisions of Section 11.13(n) of the Texas Property Tax Code, one-halfpercem of the assessed
value of residemial homesteads, or $5,000 of the assessed value of residemial homesteads,
whichever amoum shall be greater, shall be exempt from City ad valorem taxes.
SECTION 5. Pursuam to Article VIII, Section 1-b of the Texas Constitution, $25,000 of the
assessed value of residemial homesteads of persons 65 years of age or older shall be exempt from
City ad valorem taxes.
SECTION 6. Pursuam to Article VIII, Section 1-b of the Texas Constitution, $10,000 of the
assessed value of residemial homesteads of disabled persons shall be exempt from City ad valorem
taxes.
S:\Our Documcms\Ordinances\02~ad valorem tax.doc
PAGE 1
SECTION 7. For enforcemem of the collection of taxes hereby levied, the City of Demon
shall have available all rights and remedies provided by law.
SECTION 8. If any section, subsection, paragraph, sentence, clause, phrase or word in this
ordinance, or the application thereof to any person or circumstance is held invalid by any court of
competem jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance and the City Council of the City of Demon, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 9. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:\Our Documcnts\Ordinances\02~ad valorem tax.doc
PAGE 2
This page left blank intemionally.
Agenda 02-029 09/03/02 #35
AGENDA DATE:
DEPARTMENT:
ACM:
AGENDA INFORMATION SHEET
September 3, 2002
Fiscal Operations, Tax Department
Kathy DuBose, Fiscal and Municipal Services
SUBJECT
Consider approval of an ordinance of the City of Demon, Texas, approving the 2002 Tax Rolls;
and providing an effective date.
BACKGROUND
Please find attached an ordinance to approve the 2002 tax roll. The approval of the tax roll is an
annual process required by the Texas Property Tax Code. The Tax Roll is calculated by taking
the 2002 certified appraisal roll (excluding property under protest) and applying the 2002
adopted tax rate. The anticipated collection rate is 100%.
FISCAL INFORMATION
The approval of the tax roll will enable the City to mail tax bills October 1, 2002.
Respectfully submitted:
Diana G. Ortiz
Director of Fiscal Operations
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2002 TAX
ROLLS; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The City Council hereby approves the 2002 tax rolls of the City of Demon,
Texas which will result in a tax levy in the amoum of $20,300,256.00 based on the Certified
Appraisal Roll as approved by the Appraisal Review Board of the Demon Cemral Appraisal
District.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of ,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:\Our Documents\Ordinances\02\tax roll.doc
Agenda 02-029 09/03/02 #36
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
AGENDA INFORMATION SHEET
September 3, 2002
Planning & Development
Dave Hill, Assistam City Manager 349-8314
SUBJECT - Z02-033 (918 Avenue A)
Hold a public hearing and consider an ordinance rezoning approximately 0.33 acres from a
Downtown Residemial 1 (DR-l) to a Dowmown Residemial 2 (DR-2) zoning district. The site is
generally located at 918 Avenue A at the northwest corner of Fannin and Avenue A, south of
Eagle Drive. Multi-family residemial is proposed. The Planning and Zoning Commission
recommends approval 3-2.
BACKGROUND
Applicam: Craig Irwin DeNon, Texas
The applicam is requesting one parcel of land totaling approximately 0.33 acres be rezoned from
its currem Dowmown Residemial 1 (DR-1) to a Dowmown Residemial 2 (DR-2) zoning district.
There is curremly 10% opposition (see Attachmem 3) to the requested zoning change. As
opposition is less than 20%, a simple majority will be required to approve the request.
OPTIONS
1. Approve as submitted.
2. Deny.
3. Postpone consideration.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval 3-2 (Holt and Apple opposed,
Rishel absent)
ESTIMATED PROJECT SCHEDULE
The subject property is platted.
PRIOR ACTION/REVIEW
The following is a chronology ofZ02-0033, commonly known as 918 Avenue A:
Application Date -
DRC Date-
Planning and Zoning Public Hearing -
City Council -
Date: July 5, 2002
Date: July 18, 2002
Date: August 14, 2002
Date: September 3, 2002
No Neighborhood meeting was held
FISCAL INFORMATION
Future development of this property under the new DR-2 zoning will increase the assessed value
of the city. No short-term public improvements that are the responsibility of the city will be
necessary.
ATTACHMENTS
1. Staff Analysis
2. Maps
3. Public Notification (Property Owner Notification Map and Property Owner Responses)
4. Photographs
5. Minutes from August 14, 2002 Planning and Zoning meeting
6. Draft Ordinance and Exhibit A
Prepared by:
Autumn Speer
Planner I
Respectfully submitted:
Douglas S. Powell, AICP
Director of Planning and Development
ATTACHMENT 1
Staff Analysis
Summary_ of Zoning Request
The applicant is requesting one parcel of land totaling .33 acres be rezoned from its current
Downtown Residemial 1 (DR-l) to a Dowmown Residemial 2 (DR-2) zoning district. The
requested zoning change allows the applicam to pursue construction of multi-family residemial
units.
Existing Condition of Property
Property History. February 20, 2002 - The subject property was placed in the Zoning
Classification Dowmown Residemial 1 (DR-l) zoning district and land use classification by
Ordinance 2002-040.
Prior to the adoption of the Developmem Code, the property was zoned Single Family-7 (SF-7)
The subject property curremly comains one single-family home.
Adjacem zoning:
North: Dowmown Residemial 1 (DR-1) zoning district - single-family homes
South: Dowmown Residemial 1 (DR-1) zoning district - vacant home and single family
East: Downtown Residemial 2 (DR-2) - vacant homes and single family
West: Downtown Residemial 1 (DR- 1) - single-family homes
Comprehensive Plan Analysis
The subject site is located in the "Downtown University Core District" future land use area.
This area is imended to have a mix of educational, residemial, retail, office, service, govemmem,
cultural and entertainment development. It is a place where residents can live, work, learn, and
play in the same neighborhood.
The DeNon Plan idemifies the following Primary Residemial Land Use Principles:
Preserve Neighborhoods: The preservation of existing and future neighborhoods can be
achieved by demanding and establishing design and construction standards that are fair and
evenly applied. (page 35)
Promote a Diverse Housing Stock: The residential component of the Land Use Plan allows all
types of people to live in DeNon by allowing a variety of housing types, sizes and prices. The
housing stock should reflect the demographics and economic structure of the community. (page
35)
Limit Sprawl: The residemial componem of the Land Use Plan should guide developmem
patterns that limit sprawl, accommodates projected housing demand, and allows quality high
density developmem where it is close to jobs, shopping, schools and transit. (page 35)
The proposed zoning does promote a diversity of housing stock and the increased density would
limit sprawl as this area is idemified by infill land use compatibility.
New developmeN will be compatible with the existing uses and zoning of the surrounding
properties at this time. The general area surrounding the site includes a variety of Downtown
University Core Zoning, including DowNown ResideNial 1 and 2 (DR-1 and DR-2), DowNown
Commercial Neighborhood (DC-N) and DowNown Commercial General (DC-G). The majority
of the properties located within two hundred feet of this site are renal units with both single and
multi-family type dwellings. Several sites in this area are vacaN or condemned structures. New
developmeN in this area would improve the viability of surrounding sites.
The proposed zoning would also allow studeN housing near the University of North Texas which
is desired by the future land use plan.
DevelopmeN Review Analysis
Transportation
Trip Generation. The proposed 6 one bedroom multi-family dwelling units would generate
approximately 40 trips per day. The number of trips is doubled that of the maximum allowed
under the curreN zoning. A traffic impact analysis is not required.
Access and Connectivity
CurreNly the access to the property is from Avenue A or Fannin. Fannin is ideNified as a
local street by the DeNon Mobility Plan. Avenue A is also ideNified as a local street by the
DeNon Mobility Plan. It is aNicipated the surrounding road system will be sufficieN to
handle increased traffic generated from this proposal.
Public Infrastructure
CurreNly the infrastructure in this area is adequate to serve the proposed developmeN.
DevelopmeN Code/Zoning Analysis
CurreN DR-1 zoning allows for a single family homes and duplexes with a maximum of eight
(8) units per acre. The proposed DowNown ResideNial 2 (DR-2) zoning would allow up to
thirty (30) dwelling units per acre. However due to the size of this site only 9.9 maximum units
could be built, not accouNing for lot improvemeNs. See comparison chart below:
Maximum Minimum Maximum
Zoning Minimum Lot Size Density Units Residential Lot Coverage
District for this Property (Max) per Allowed Unit Size
(sq. ft.) Acre
per Site (sq. ft.)
DR 1 4000 8 2 (2.64) 700 60%
DR-2 4000 30 9 (9.9) 500 75%
Staff Findings
Provide findings
1. The proposed zoning change is compatible with The DeNon Plan and surrounding land
uses.
2. The proposed zoning change would improve this area and provide infill developmeN.
ATTACHMENT 2
Maps
Location/Zoning Map
NORTH
LOCATION MAP
Scale: None
ATTACHMENT 3
Public Notification
Notification Map
NORTH
Scale: None
Public Notification Date: August 1, 2002
200' Legal Notices* sent via Certified Mail:
Number of responses to 200' Legal Notice
· In Opposition: 3
· In Favor: 2
· Neutral: 0
22
Percent of land within 200' in opposition: 10 %
*A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201
Property Owner Responses
Property Owner Name and In favor Comments
Address /opposed*
Christian Schotten Robinson
1225 Desierto Seco Drive
Favor
El Paso, Texas 79912
(918 Avenue A)
Gerardo Ruiz Favor
2675 Bonnie Brae
Denton, Texas 76207
(903 Avenue A)
James Bowery Opposed
103 South 8th Street
Sanger, Texas 76266
(1207 Fannin)
Frances Flanagan Opposed "1 do not want an apt. complex joining the
913 McCormick back of my lot - all kinds of trash will be
Denton, Texas 76201 living in it. We have college kids in our
neighborhood now, but is a quiet group of a
neighborhood. Most people who own
apartments, don't care who they rent to, just
so they draw in the money."
Ann Nelson "Inappropriate zoning for neighborhood- will
2132 Savannah Trail Opposed generate excessive traffic and noise
Denton, Texas 76205 density. Neighborhood still viable as a
(1211 Fannin) single-family. Apartments will de-value
adjacent property, will increase level of
noise, traffic, crime, trash, etc. Also, corner
location on Avenue A is poor location for
vehicular access. Will create dangerous
conditions. Zoning request will not improve
quality of neighborhood."
*A copy of the original notice can be picked up at City Hall West, 221 N. Elm Denton TX 76201
ATTACHMENT 4
Photographs
ATTACHMENT 4
Photographs
: GTGI'IOJG- FR× NO.
Condensclt TM
Page 17
COMMISSIONER AI'PLI2; It~T~ N~. Il 15 ~I~0 ~
2 public ~'~fi~g to consider a~ption of an ordimm~
~ ~'mn~ng ~proxi~ely .3 3 acres t~om a do~tm~
4 re~Qfl z~ing distfic~ ~o · do~tox~ msk~nda[ 2
5 Z~ing ~trict, M~lfi-fami]y residential is
6 I'H O~n thc public hearing at this tin~, ~d Ms, Sp~r
7 ~ill
9 involves a r~ua~ m change m~, pmx~l of land
10 ~pproxim~e]y a t~d of m ~cm m 918 Avenue A from its
l I curet dotmt~ re~dmti~ 1 to dowmoxm ~id~tial 2.
12 A ~x on{t ap~tn~at complex is propo~t
13 f~ fl~e si~. ~ ~bj~ct sim as yon can ~ h~ iS in
14 a ~wmo~ u~versi~ ~m di~wict, wNch it's al~
15 l~a~ at -- thc U~v~i~' of No~h T~xa$ is
16 fi~t in lhls men. ~e ~opo~d ~g w~ld alh~
17 ~n~ honsing nero' the Uai.versity of N~rh T~as, w~ch
18 i$ desired by the fUm~ lm~d ~ plan oud the
I9 d~el~mcnt wRt be ~mpmible.
20 You ~,ve ~vcral different situations in
21 tl~{s re'ea. ~ ~ ~ing~ f~ly home~. ~c-~ a~
~22 oth~' DR - do~wn ~.qidclltial 2 ~S. ~c~c are
:23 v~ant dilapi&~d condoned homes in fl~ arm a~ wall
24 So you have a v~ety of st~mions going on.
25 ~,¢~iI, t~ pro~d zm~h~g c~uge {s
Page 18
I compafibt~ with r3a~ Denton Plan and i~ would ;reprove thi~
2 am md pm~de ~ffl[ ~lop~l a~ ~Ui~ by the
5 auy q~sdons for slaR'7 Is t~ applicant h~ and do
7 y~' nm~ and ~l~ss for ~
1 ] ~nk you so m~h f~ a~owing me ;o a~me t~f~c you,
13 ~fo~ you wi~ ~{s ca~ fight h~ to ~ve this pro~y
14 ~tl~ O ~ DR-2.
16 ~g ~is s~¢ zoning cha~ ~ ~ in an effm~
I B a~o~ 1~ ~. ~nd ~at in U~ ~etop an ~
19 -- and mak~ it ~ply with thc ~nm~ ~aa. Stuff did a
21 ~ztff ~ ~nd } ~'an~ to flmnk rh~ f~ ~at, I
j~t ~ke m add for Thc ~ord on~ ut~ ¢~mt
24 D~ton Plan, md that is in the downtown
PLA'NNI~G AND ZONING COMMISSION
Page 19
1 And you-~fll already know this i~ that
2 strongly encourage ~ hl~ density ~sida~tial. and
3 fuffi~' ~cot~ag~ * mo~ ~trian tH~dly
4 am~plg~ so ~t p~ple can w, lk m wq~k m scho& and
5 m ~ cul~,ml disu'lcts. ~d what we -a~ prying
6 gona~ac; is a mla6vdy sm~l complex ~qth six mfiu at
~ this 1~ t~ would also m~t or oxe~i a~ of
9 ~vdopm~m
10 As ~uch, I would ,¢~p~ ~u~st a
11 l~vorab~ ~mm~da~ion kom y¢~-~l .a ~is and would
12 happy to answ~' m~y qu~fions tl~t you~l may have
13 this Omc.
15 M~ Mt'milgLL: Thank you v~y much.
[ 6 COM~%tONm~ nl,~a: ~hank yon,
17 Mitch~l. Mn. S~, would ~u ~ke ~ I>lmmlt
18 M~, ~ra~ Yes. I wan~l to i~ y~ know
19 i handel our nome ~posifion M~ ~d so~ favo~bk
2o nXl~tS that w~o r~iv~ af~ ~e Planning and Zoning
2 t ~aunissi~ pack~q w~t out ta~t Friday, so I jus; waned
22 you ~* ~ aw~ of that. ~ is a ~m~ ~t
23 o~t~ifion at ~l~ ~i~, and I do bcl~ tl~ am ~,o
24 ~ple who wolt~ hke m ~k.
25 C~MMr~qIONmt ~PLE: ~ha~ you for calling
Page 20
I fl~at to otto attention_ I do. indc~, have r~o c~&~ of
2 pmp[~ wlm ~ ;~ug m s~k, And ff anyon~ ~c would
3 like m ~ d~y'~e welcome to ztGo. At ~s time, I
4 have a c~ tk~ ~'. Abm NeOn.
5 ~. Nelson. wmdd you cm~m fo~ard and ~v~
6 ~ yo~ t~u' and ad,ess, pl~?
7 Ma. ~[~: rm Ahn N~on. I livo at
8 2132 Savannah Trgil. And [ own a ~i~e of pro~
9 Fm~u, a~ 1211 Fannln S~ which is ~g1 a%out
10 -- bag~aRh', ~cfos~ t~ sid~ a~t ~m ~g ~a~ic~ar
11 picot of pmp~, And I'az ~ly h~, just asking you m
t 2 ~ot~i~ ~ zou~ c~ns~ that's ~ ~u~r~.
13 ts -- Fannin $tr~ and Mc~'a~ck S~'~I; wMch
14 g~ ~iat~ w~t of ~is p~c~m' si~ ~I1
15 mnaiu a vms' vJabl, ~all single ~hmtly t~idenfial
rally a v~y ~ [~3hy eo~difion.
20 loc~dons w~¢ ~y'vo como in and ~k~ do~
23 quaHW of tl~ nelghbo~ a~g down. ~
24 xeaRy csn't 8u~ ~ ~flc dm~fio~.
125 intrude In noir. ~ffi¢, ~, j~t tl~
AUGUST 14, 2002 Page 17- Page 2(
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PLANNING AND ZONING cOMMISSION
Cond~ns~Itm
Page 2 I
congcstion 0mt the neighborhood is net maKy d~vclop~d
or de$i~cd to sappom 2
And so R)r that re~n, I j~ a~k you to
~n~wMt. reconsider that. I undeestand the isae5 with 4
thc unive~i~ ~v m~ ~he p~ to iu~ ~e d~skics
for fl~e ~a% but [ c~ ~ ~at happing on a l~r 6
scale> not on an iu~vldual lot by lot Msis. l can' ~ -- 7
as a pmlkssion~, I ~n't really ~e exaaly l~w you're
going to get a ~-unit ap~nt and the appropriate 9
muount of p~kin8 supposed ~ withi., that one piece of 10
pro~y anova. It's not ~at large, Bt~ t~s c~n 1 I
hap~ but ~%~y. ~ads what I'm ~ for.
to ,~. Hone,tly, I don'~ t~ - my aunt is wi~ me. 1
She li~s in ~oth~ propc~y clo~ m t~'c. [ dt~'~ 15
be~eve s~ ~shes to speak to this. 16
~isr~ h~ oppofition? i I
MR. ~L$ON: w~ted to ~ster h~ 19
opp0siQoa, ~at's c~ct'.
COM~SSIONER APPLE: And what i~ ~ 21
ad&~a? 22
MR. N~tSO~: ~er n~ is Fr~cis Fl~nigan. 23
She livc~ at 913 McC~nick, wNch is ~e prope,gy 24
~ediately ~hind this ~ Av~u~ A,
~¢ 22'
~St~.~LE; ~hank yom ~'. ~elsoa.
Co~ioa~'s, do y~ ~ uny q~tiou~ of Mr. ~*l~on?
what cnn yOU T~al X~S, an~ T ~md~slaud what you've ably 7
~t~ But bas~ on ~ ~on Plan and wh~ ~nt~
flfiakg ir wan~s ~o ~ ~i~ ~is land, ~vc us send'in8 9
~ t~t ~ cm~ [~ om' hands on to vo~ ~ns~s'? I
mmn, I've kn~n ~u a ]~g dine. And I ~t you, ~d 11
li~t now I'm ~ng m~rd voting f~ R, And i don't .
~e m do ~at but get my poi~ff) t3
$~.~t~: ! uu~sta~d w~t you'~ I4
a~ng, and I've thouOt a~o~t ~N~ Io~ a~d hard t~ay. 15
~ld I flfluk *he main t~i~ ~ax n~ ~o ~ con~i&r~ L~ 16
~ ov~a ~ualh~ ~f ~ balance, of ~a~ n~i~bo~.
d~clop~n~ occ~ o~ fl~o sash sea'g, ] don't s~ that 19
us ~g a St~ffica*t ~~t m t~ r~'~l quality 20
of ~t ~xb~ho~. I Cm~ ~m lmg~ ~oups ef Io~
~x~ pla~ ~h~ and d~l~ing ~ 22
u~a~nent-~ compl~c~ ~ c~n ~roVlc~ mo~: ,)[mn ~pa~
mom ~ ~i~i~ ~ si~ oad so f~. 24
~mt Fvc ~pm'im~l in -- my ~m~icncc 25
AUGUST 14, 2002
Rug, 26 2092 12:07PM P3
Page 23
with these small complexe~ such as this on the~
individual Lots, they are sO crowded md so peel<ed in,
fl't~y ctm'l pn)vlde ~hose type of amcnitic,~ and they ju.q:
overcrowd a{d impucts the ~es~ of l~ adjutant
ne~hborl~d, ~t's w~t. -- ~nd ~hax'$ the point rm
~ng to mk~ is thgl. I just think fi', m,ppropfiat~
a I~ by lot ba~. ~ ~'t flint l~gc a tot
are f~ly small k)me Io~s.
CO~lSS1ON~ ~PL~: Commi$si~er Roy.
~OMMLSSIONER ROY: ~em~ ~ a lot
dRapi~ h~es in that area. It d~m't kink --
of the 8~ d~ not l~k ni~ and you d~'t Boli~e
tNs propt~d faciti~ ~11 improve that simatlon?
~ N~$ON: Comni~ionm' Roy, I
doubt th~ it ~uld in mmc situat~n,, bur my
-- hc~ ag~u, t~s i$ my ~nal ex~,~ ~d ~son~
bchcf is that t~ ~xaller ~i.t$ Ilk, ~i$ ~n't as
well,anted as ~ l~r mitq ~, ~d ~ dm't have
~ey d~'t have fl~e r~m~mti~ m maintain tha~ m~d
the qu~i~ d theh' t~ants a lot of thuc is not ~ high.
They d~'t ~ as high a
You'~ ab,olutely ~Ot about ~ qu~ity
of $ome of thc h~,s. I've &a~ tM Ptaaning and
Page 24
Appeals Board for the Building l)~artm~t for a couple of
- .gave'al yc~'s. Aezl xv~'v~ agg~sively gone
of ~e ho~ ~a~ a~ in ~ pm~c~m' neighbor~
out a~d ~cwhaL ju~ board~t up, And ~'re -- ~'v¢
~n doiug ag much as we can
z,6~bofl~t~d back fm
~ b~ck in b~
But this is
still ~ ~cupi~l. R &~n"t l~,k Hke 1~ has any
CO~[O~ ROY; Th~nk y01L
COMMISSIO~
~. ~tao~: rm
haw it But if I h~ve < ha~ a choi~ ~hat m~dd ~ my
~li~ m'~md t~ uuiv,~ity
Page 21 - Page 24
FROH
: GTGMO.TG- FAX biO. ; 94[3 ~l, ffoS:~4~l, RE,g. 2G 28~ 12:~8PM P4
C~cnscltTM
Page 25 Page 27
3 ~. wu~so~: rm not that ['~H~ar -- 5 ~n~age of that &~t~ted to ~ ar~ tbr kind of a play
5 o0~ n~e you c~ ~, j And, ~in, t~'s above ~ b~ond wh~
............ a .... , ~ ......... m~,, ~ ..... ; c, the rco~tS ~ t~ l~dscapmg an~
9 ~ nad [low [~y ~ply. But my bd~ r~i~' of il a~d 9 Compre~i~ve Pla~ m an et~onto ~ry ro ~
10 ttn~aMiu~ is J.t'S stffi going to c~ve m~ extremely 10 ~ns/fi~s in thi~ a~u W ~ w/thru ~al~ng di~ant~
11 &n~ p~t. 11 the uni~, ~ly Wes you ~t if you pr,v~
lS has ~ c~sri~8 in to~ ~d ~c qtfite a bit of 15 An~h~g that is adjacent to a
18 ~apidated ~ ~ re~sl~g it ~d it's ~ valt~ 18 ~ing &vice. So I do appr~ate ~g ~mmc~t ag f~
19 to tl~e campus md to ~c ~d~b~h~. ~19 as ~g able to, you ~ow, ~am a$ mu~ ~ you ~n on
24 mn~ and es~ic~lly put t~ether projects in ~o~,. 24 Unl~xuua~y, M addre~i.ng ~
25 And you c~ go ~.o~xd ~d ~&, it's the ph~ ~ be in 25 his~mmcnL~ndld~'tev~w~ttorebuttMs,
Page 26 Page 28
I x~t and ~ on t~ o]&r c~p~c~ ~d& o~ I b~i~ly, w~t it is the C~e &m't havc ~- ad~as
2 o~'s, &k lard of ~nag~nt is as h~h ~ you'Q 2 anyfl~g as f~ ~ ~l~ing rc~lopn~r ~
3 ¢x~'i~ i~ ~. 3 p~ls. Wo~d a ~r ~i~lly ~ to get as
4 ~ ~o~: ~ ~ght. 4 p~ls aS he can in ~der to ~'eloo it7 Y¢s, t~y
6 t~ th~ anyon~ clso who wo~d ~ to ~dr~$ ~ 6 atm~ys work rhar way. And ~ what you do is you do tl~
7 Co~ssi~? ~ing t~ on~ coming Ik~ard - nine; you had 7 smaller re~I~lllc~t in an ~a that, qui~ f~n~y,
8 ~o oppooifi~s, woMd yo~ like rebu~al r~ ~$, 8 ~}~{ tO {m ~vdo~d. And $o with tha~ I &~n't
10 MS. ~x~w.r: x¢~. I0 questions for me, C~mzisdon~ Holt.
12 ~u. ~W~.~,: 'rh~ ~,ou so much, I 2 pw~d t~r ~s site?
13 un&~s~nd ~ ~int thu~ ~. N~on i$ sa),~g as fa~ aS 3 MS, MITCHELl .: T~ applier is proposing
14 ~uc~ of i~ ~ overcrowdS, ~d I¢an ~ay ~ut 14 six ~its for r~s site. Again, this is a ~ ac~lly.
15 probably und~ r~ old ~ulafion~ ~a tha~ would hold l S [f you l~k a the dc~sity, ~d Bet up to ¢i~t uulrs
t6 ~ ~ax~sc T ~ U~ ~e~ ~ ~me r~fio~. 16 it. ~ ~{n, rh~ six ~ts is goi~ ~ ~ b~ on us
lg m ~o many ~ngs ~at a~ put ~t~ pla~ n~ &at you t 8 a~ muh'i-famfly ~, tl~, of ~m ~ we woM~'t
19 li~y 1~'~ to bask in~ t~i~ coa~ ~]~tion$ in 19 have fl~at ~c s~g and buff,~ng mqui~t.
2o ~ ~o ~i~ ~a~y ~o d~s~ ~t y~'~ going 20 that's ~ ~~ -- fl~o~ m'¢ ~ of t~
21 ~ ~t om of This. 21 c~tefia that we put into pla~ and we l~k at, but in
22 T~c i~ a $~c~c ~aount of -- in 22 an~vcr ~ yo~ quc~on, we ~ l~ng -- ~ a~ goi~ to
23 ad~on to ~ lan&~aping ~&~adons and o~en spu~ 23 ta~ to get six units on t~s pic~ of prope~,
PLATO A~ ZO~G CO~SSION AUGUST 14, 2002 Page 25 -
FF~Ort : GTGIt0YG-
F'RX
Page 29
$ are $inl~lc
2 MS. MrlY.iHELL: l~ct me :gee,
4 to ~t at is, ~ll k ~pli~nt t~ ~st of the hours in
5 t~ x~i~b~9 Will it
6 MS. MITCheLL; welt, I don't - rig only
~ ~ng I c~ ~y is b~d ~ my c~¢at ~d know[n8 what
a work ~at ~ do, they u~' not to have any of thek
9 pruners sli~ ~t like a ~ th~b. ~y do Ry ve~
10 hard m in~ga~ erecting ~to m~ng it lo& I~e a
t2 You're f~ar wi~ ~k office ~mplexcs
13 ~ how t~y in~eg~w i~ ~fifl~ ~ ;,~i&n~s ~lfind and
14 m~oun~ that ~. A~ so tt~ t~ of ~nsmx~ion and
~ 1 ~ tS~ 0f ~si~ that my c~ent d~ t~y ~ v~,
16 h~fl to m~e s~ fl~t ~cy &m't put in a b~c box ~
~ 7 t~t logan. And I ~ that's pmb~ly w~t
18 ~ is ~ p~ng in a brick bo~. And i don't ~l[eve
19 fltat ~t's what ~'~ lathing on ~ng ~'c.
20 ~ li~ty it w~ll be a two-~o~ complex.
2~ CO~O~ HOLT: Thank yoR.
22 ~s. ~C~q.L; Th~k yoa.
24 ~ltlO¢[~S for MS. Mi~hcH? ~.k you, Ms. Mitc~H.
13
15
16
17
20
21
22
23
24
25
Page 30
i COI,41vll$-$IO~q~7.R API'LI~: t l~av~ not ck~
2 ~ub~c ~tiag y~ and Ms. ~nagan has ~p~ ~ &sire
3 ~ s~k, ~mt's thc Commission's p~Sut~?
4 Pl~se cm~
5 ~s. ~.ac~: vm F~ncis ~ana~. 1
6 bye a 913 Merck 5~ which ii r~ b~/nd w~
~ fl~'~ p~nning on bua4~ a,~ a~a~tsn~, Tl~k back
9 l~king bous¢ on Av~ A b~ F~nin and
10 ~e. TI~ ~'o ~s u~ of tlmt ho~¢ ~
l I ~knost and oolite sm&~;~ tiw ~.
13 b~lt ~ -- we~ I ~; my husband about &~ ~kst of
14 ~ ~ ~ l f~ v~ e~b~ lt~ug w~ I am n~
15 ~use k's a ~ ~d ncigbb~hood. We've nev~ had
16 ~y ~obl~s, not wen ~h ~o1I~ ~' Loud m~lie
19 an apa~t comp~ ~hen t~ t~'o ~t~s n~ Of
w~e I We ~ause -- I've n~' hv~ by ray. If
23 and Tm u ~c~ cat. But I just ~ D s~ ~,~
25 tl~b~. ~4 1 don't know how ~y ~n ~o p~k
PLA~N~G A~ ZO~G CO~SSION
: 940 $S65348 ting, 26 2002 12: 3.2PH P1
Condcn~ltTM
Page 31'
I ~ b~atmse/venue A cvc~ monfiag ~w~n 7:3o
2 8:00, ii.'s just hkc 1-35. ~y'~ j~x b~ Io bmn~r
3 touting off of 35 going ~ ~chooI. And I doll'{ know h',w-
4 I don't know ~at ~y pbn to do with c~ ~i~ ~
6 going ~ have f~ for ~y ca~ on ~t one lot.
7 ~t~StO~g ~PLE: ~uk you, ~ ~
g any qu~ons for Ms. ~na~? ~auk you v~y much,
9 Mirc~R, would yon 1~ ~o~ oppot~
I I COMM~O~ a~.~;: ~hat~ you, I'U cl~c
12 ~v public being. Staff', ~ you have any a~ifional
CO~{O~ER m'~WELL~ ! haw ~ q~S~o~ Of
Ms. Spat. roll me wh~ did fliis
MS. s~.g: ~he oppo$i6~ map7
package,
5
6
7
8
9
10
13
15
16
17
t9
2o
21
22
23
24
25
AuOUsT 14, 260~'
w~k -- ~rlia' ~s w~.
pac~ ~at I have in my hand co~
you ~t
~. s~u~ ~ ~v~ l~ in t~ mil
co~Mt~$/o~ Po~t; a~ fight. ~
teU you w~ i'm asking ~fis. It has no,Jug to 8o
t~ o~osition. I want ~n ~ ~uo~ h~ proud ~
MS. SP~ I ~011ght fl~at m~ bo
a lot of ~c~ ~panses and it's ~u~ in c~c
k's wdum ~ ~a~ and Ws ~a a~d com~s
and what nog tml~$ you've got a lot of~, k's tou~.
~t ~t~'vc ~ ~ ~hg ;onwbody ~ ~ne on ~ff i~ ~nt
thi~ toa~' so yo. can ~ it li~ ~al and ~ up
~ &¢ ~ and I just w~d ~ ~ you
Zo~ DR-I
C~MM~O~ ROY; ~ ~at wo~ allow --
someb~y ~d ~c ~th for mc, 2.6 u~ts on ~at sim?
Pa~ 29
FROM : GTGMOSG- FAX NO.
940 ~D65~48 ~ug,
I MS. gP~i~'R: Right, two units.
2 COMMIgglO.N~.R ROY: ~O ~k~ ~u[d
3 ~ 6u~tcx -* is ~t 1~ ~ duplex ~uM be th~?
~ fl~ lot ~nfi~rati~ it wo~d bc ~d m do i~t.
~ t~'s w~t t~ c~t z~ the m~um den~y
7 ~ow~.
8 CO~SSlO~ gOY~ ~o it co~d ~ ~ of
9 m~fi-fa~ly now b that
10 M~. SPIES: No, ifs not ~lo~ {~ t~
12 co~{5s~o~ ~oY: o~y. Two m~ll unit~
1~ ~ that 0ac ~n~l lot?
I4 ~, S~; ~.
1 $ ¢O~SlO~ ~OY: okay, ~m~k you.
16 CO~SIO~ a~Pt,~ ~ny m~
17 Comfis~tm~ M~oy?
19 ~m l~l~tion~ ~ ~ho~ ~o nnir_% flmu~h, would
20 t~, ~
21 MS. IP~R~ NO.
22 CO~$~ION~ M~RO~; SO ~ ~ o~
23 po~ffiM it&abRgnts is ~d tmdez the
24 MS. $r~: l'm as~ug ~,
25 C.O~ISSION~R ~ROY: It'S not a trick
Page 34
I question. It's just that rt~e Dk-I is -- does it allow
2 duplexes?
3 MS. $e£~ 1 &m't ~eve it d~s -
~ ~.~'~ oi~ntially mult[-fami]y in thc ~}n~Tt ~at if yOU
8 put duplc~ ~e wi~ ;t~ ~s on ¢~h
9 ~ly not --
10 Ms. sram ~t. You're geuing tt~ six
l I b~r~ms --
12 CO~$$IO~ER ~xov: so a~'rc ~uing
13 s~ ~si~, ~ going to u~-z ~ not --
14 pmc~Mity of rb.i.s lot ~ m~y not going to ¢xpm~
15 nm~ of ~mal iflmbimu.
16 MS, $PE~ C~t.
17 C~MMI~gIO~6R APP--: CmlmfissimKr Pow~
20 CO~S$[O~R APPL~i l'ln $on~, Dir~tor
2I . Pi~I. Wc ~v~ too ~ny Powell~ here,
24 ~.
12:12Flq P2
Page35
4 Co~ssi~ ~y-
7 Han~a, w~i~ ~ ~velopm~t qualJ~ wack
8 ~d ~hat it's in ~smm miti~a~lly
9 stone am~ of inhabimnt* ri~t n~. 1 app~lam yo~
10 co~, b~ I ~aat ~ ~v¢ ~ovai of
3 ~ad~ lo ~rovc ~ z~g. Do we
14 ~t~ rowan: rR s~d.
5 CO~O~R.~: ifs ~ m~M and
7 ~BSIO~HOL~ i~sI had one point
lB ~, Idr~eby~ispro~ay. ~dic~
19 McX~lck and t~ m~ on D~nlu. And i~ you como do~'n
20 M. cCo~ick ~d ~ ~ Fau~u, it is x~ ~i~d~.
21 But if ~ ~ ~ a~m~ C, ~u have a ~hst d~ nifo[
22 re&m, ~iug. ~ m u~ ~'~
23 l~ht on ~e t~. ~s is s~t ho~ing
24 This is nice ~t4~ ov~ ~. ~d so ~ do ~ do
25 with ~hat7 ~is ts s~dy gone, ~t{
Page 36
} over k~ xhth, I th/ak, this applicant had anoflg'r
2 property right
3 So i think tha~'~ really what we're looking
4 m. This i.q one of Ihose axe, ns that's right tm the
5 and do w¢ want to try to ma/ntaia tl~ residential f~x~l na
d long as poss~k and hang on to that or do we want !o move
7 fen'ward htto ~ multi-family homing. So; anyway,
$ just a diftbrcnt vmy to look at it.
9 G,o~t41ssIO~ aI'PLE~ Thank you,
l0 Corrrmissiongw Hail. Any othex discl,s~ion? Commigsion,m
11 Mulroy.
12 co~Mms/o~q£a MLILROY: ¥Cg.. and x~flecdng
13 olt my fellow Commissioner's conm~cms, you know, ifs nm a
! 4 c_x>ncem taken lightly, but aguing lbo back~oI) of the
15 long tm'm phn of eventually tt~ cot~ around
16 university being -- lemfing towards mttlti-famfly. Iai tiffs
17 particular case I would look to xtfis dov~Iopra~ to b~
18 complimentary to the on~ that w¢ approved ,nd with
19 s~mo high L'vel of cllcllt scleenJng and m~int~n,nc~ and
21 neighborhood. And ~Ath these type of ¢l~]ciemci~, mo~s
22 of a n~ghborhooO f~l rather than a laxge complex. $o
33 I'm ,,cry Favorable to it a.q tar a.q mdevdopmenc Tlmnk
24 you~
,DOt/ST 14, 2062 P g¢ 33- Page 36
PLANNING AND ZONING COMMISSION
Fi~1 : GTGMO~G-
FAX NO, : 940
Cond~ns~ItTM
Page 37
1 COMM/$SlONEP., trOY: W¢II~ ! ~$ ~oing tO
2 make ~imi.lm' comm~mts ~ I havc no~ng to ~ ~
4 CO~MISS10~R ~ ~
5 Coi~ssiomr
7 don'~ ~ly ~ve a h~t ~ut tMt ~ ~ ho~ ~th you,
9 wh~ct~ t di~'t w~t. but Ws ~. I fought R ~g ~d
I ~c o~ of t~ pro~ ~rs ro do ~i~ ~th ik ~d it
12 ~s ~ ~i~ of o~ ~w plan, I'm g~g ~ ~ve ~o
~ 1 ~ vot~ for it.
14 (~M~SSIO~ ~P~: ~k you, We havc a
15 motion and a ~nd ou ~ t~hk. Any m~
16 Vo~ plug. ~ ~ pasts
1~ (COM~STONER5 HOLT AND ~PLE VO~G
I 8
I9 ~SIONER .~L~ .~n that remains on
20 o~ Ag~da i5 ~ A~ ~ms. D~ Powcll --
2~ Di~ Po~ll h~ nothing. ~ you fo~s for
23
25
PLANNINO AND ZONING COM'MISSION AUGUST 14, 2002 Page 37 - Page 3'/
S:\Our Documents\Ordinances\02~Z02-0033.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REZONING AN APPROXIMATE 0.33
ACRE OF LAND LOCATED AT 918 AVENUE A AND LEGALLY DESCRIBED AS LOT 6 OF
F.W. DARNELL ADDITION, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, FROM
DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO DOWNTOWN RESDIENTIAL 2 (DR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (Z02-0033)
WHEREAS, Craig Irwin has applied for a change in zoning for an approximate 0.33 acre of
land located at 918 Avenue A and legally described as lot 6 ofF.W Darnell Addition, an addition to
the City of DeNon, Texas (the "Property") from Dowmown Residemial 1 (DR-2) zoning district
classification and use designation to Dowmown Residemial 2 (DR-2) zoning district classification
and use designation; and
WHEREAS, on August 14, 2002, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change is consistem with the Comprehensive
Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Property is hereby rezoned from Dowmown Residemial 1 (DR-1) zoning
district classification and use designation to Dowmown Residemial 2 (DR-2) zoning district
classification and use.
SECTION 2. The City's official zoning map is amended to show the change in zoning
district classification.
SECTION 3. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable
SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the DeNon Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
S:\Our Documents\Ordinances\02~Z02-0033.doc
PASSED AND APPROVED this the
__ day of
,2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
Exhibit A
Z02-0033 (918 Avenue A)
NORTH
LOCATION MAP
Agenda 02-029 09/03/02 #37
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
September 3, 2002
Parks and Recreation Department
ACM: Dave Hill, Assistam City Manager 349-8314 '~5~5~¢~
SUBJECT
Hold a public hearing and consider adoption of an ordinance graining a license for a
surface use of a portion of the Denton Branch Rail Trail approximately 570 feet south of
Walton Road at milepost 727.5 for the installation of a private street in accordance with
Chapter 26 of the Texas Parks and Wildlife Code.
BACKGROUND
Developer Ben Pinnell has requested the use of park land for the purpose stated, in order
to provide a new private roadway connecting a commercial developmem in the City of
Corinth. The new roadway will link properties on each side of the DeNon Branch Rail
Trail to be developed into a shopping development between Corinth Street and Corinth
Loop Parkway.
State law as defined in Chapter 26, Protection of Public Parks and Recreational Lands,
of the Texas Parks and Wildlife Code requires that:
(a) a municipality of this state may not approve any program or project that
requires the use or taking of any public land designated and used prior to the
arrangement of the program or project as a park unless the municipality, acting
through its duly authorized governing body or officer, determines that:
(1) there is no feasible and prudent alternative to the use or taking of
such lan& and
(2) the program or project includes all reasonable planning to minimize
harm to the land, as a park, resulting from the use or taking.
(b) A finding may be made only after notice and a hearing as required by this
chapter."
If the proposed private crossing license is allowed, a value must be placed on the 100
linear foot section and charged to the developer, Ben Pinnell. In addition, land disturbed
in the park will be returned to its original condition.
Parks and Recreation Departmem and the City of Corinth staff have reviewed all possible
alternatives. These alternatives included:
Select another rome through the city of Corinth that would cross the trail at Walton
Road at-grade crossing, approximately 570 feet to the north or cross the trail at the
Corinth Loop Parkway crossing, approximately 470 feet to the south. This may add
travel time and not be as convenient for users of the Shopping Center.
Construct a pedestrian bridge for the trail users, up and over the proposed new at-
grade roadway. This option is questionable for cost effectiveness reasons; staff is not
convinced that trail users will use the bridge in lieu of crossing a private low speed
interior roadway.
Provide an at-grade private vehicle roadway crossing as noted to link properties on
each side of the DeNon Branch Rail Trail for the convenience of shopping cemer
patrons. This crossing will add to the existing 17 public at-grade crossings. It may
not be prudem to add at-grade crossings with the knowledge that this corridor has
been noted as a future use for rapid rail transit operations by the DeNon County
Transit Authority imerim board. The Dallas Area Rapid Transit Authority has also
purchased an interest in the right of way for future railroad uses and has stated that it
does not recommend the graining of a private crossing per it's policy 960033 Rail
Corridor Preservation and Use. TXDOT minute order 107279 dated 9-25-97 also
states that non-essemial highway-rail grade crossings should be discouraged and
removed as possible.
Provide an at grade private vehicle roadway crossing as noted to link properties on
each side of the DeNon Branch Rail Trail by a License agreemem with conditions.
An annual License agreemem can be developed with the shopping Cemer Business
Owners Association stating the conditions of the License with termination and
removal conditions when and if the trail is reverted back to a rail line per the
railbanking laws.
OPTIONS
After looking at the options, and with the knowledge that the corridor has been idemified
in the master plan of the DeNon County Transit Authority and DART for future rail
transit use, it appears prudent to pursue a licensing agreement with the Business Owner's
Association of the Shopping Cemer on an annual basis with conditions for developmem
and the removal of the crossing when and if the trail is reverted to a rail line.
RECOMMENDATION
After reviewing all alternatives, staff recommends an annual license agreemem with
specific conditions for a private crossing be authorized on the DeNon Branch Rail Trail
umil such time the trail corridor is reverted back to a rail line. The Parks and Recreation
Department confirms that the City of Denton has investigated all other alternatives and
has used reasonable planning to minimize harm to the land.
ESTIMATED SCHEDULE OF PROJECT
Construction is projected to begin in 2003.
PRIOR ACTION/REVIEW
The Parks and Recreation Board will consider this item at an August 26, 2002 meeting.
A recommendation to City Council will be made available at the public hearing.
FISCAL INFORMATION
Compensation related to this use is still under discussion with the developer, Ben Pinnell.
It is reasonable to expect that improvements directly related to programs and/or facilities
on the DeNon Branch Rail Trail will be provided if approved.
BID INFORMATION
Not applicable
EXHIBITS:
Ordinance & Exhibit
Park Board Minutes of August 26, 2002
Respectfully Submitted:
Ed Hodney, Director
Parks and Recreation Department
FSadmin\City Council~2002kPinnell Hearing and Ordinance\City Council- Ben Pinnell Private Crossing request 8-6-02.doc
ORDINANCE NO.
AN ORDINANCE GRANTING APPROVAL OF A LICENSE FOR THE SURFACE USE OF
A PORTION OF THE DENTON BRANCH RAIL TRAIL APPROXIMATELY 570 FEET
SOUTH OF WALTON ROAD AT MILE POST 727.5 FOR THE PURPOSE OF A PRIVATE
ROADWAY CROSSING IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS
AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF AN EASEMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 26.001 of the Texas Parks of Wildlife Code provides that public
land designated and used as a park may be used for a non-park purpose if the City Council finds
after notice and hearing that there is not feasible and prudent alternative to the use of such land
for the proposed project and the proposed project includes all reasonable planning to minimize
the harm to the park resulting from such use; and
WHEREAS, the City of DeNon desires to cooperate with the City of Corinth in the
developmem of commercial properties within the City of Corinth by providing a license for the
construction of a private driveway 100 linear feet across the trail for a circulation connection;
and
WHEREAS, developer Ben Pinnell desires to construct the private driveway across the
Denton Branch Rail/Trail since alternative options would not be feasible and prudent; and
WHEREAS, the City provided notice in the DeNon Record Chronicle on August 11,
August 18, and August 25, 2002 of a Public Hearing to be held on September 3, 2002 in the
Council Chambers to consider the alternatives to the use of City Park and Recreational land for
the subject private driveway project; and
WHEREAS, the City Council on September 3, 2002, received testimony from City staff
and citizens regarding alternatives to the use of the Denton Branch Rail/Trail for this private
driveway; and
WHEREAS, the City Council finds that the project does not fall within the purview of
Section 253.001 of the Texas Local Governmem Code; and
WHEREAS, the City Council finds that there is no feasible and prudem alternative to the
use of the Park land and that the private driveway project when constructed in accordance with
the provisions of the license as described below will minimize the harm to the park land resulting
from the proposed use and the surface of such park land effected shall remain useable for the
park patrons once the construction of the private driveway improvements are completed; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SSOur DocumentsSOrdinances\02~Pinnell Private Drive License.doc
SECTION 1. Subject to the terms of the license provided for in Section 2 hereof, the
private driveway proposed by the Pinnell Properties, be constructed and maintained above the
surface of the park property described in Exhibit A, which is attached hereto and made a part
hereof for all purposes, and that the surface of the park after installation of the private driveway
be constructed in a manner so that the park land may still be used by its patrons after completion
of the project in the same manner it was used prior to the public street project.
SECTION 2. A revocable license containing a 90 day notice of termination without
cause provision and which is also revocable as required by law (National Trails System Act, 16
U.S.C. 1247(d)) be composed by the City Manager or his designee and approved by the City
Attorney allowing the use of the park property as referenced above. The license shall contain an
appropriate provision to insure the improvements are constructed in accordance with City Rules
and Regulations; protects the patrons using the park from injury and damage both during and
after construction of the project; compensates the City for the reasonable market value of the use
herein granted and generally protect the health, safety and general welfare of the City. The
license shall also contain such other terms and conditions deemed appropriate by the City
Attorney to protect the interests of the City of Denton.
SECTION 3. During construction of the improvements above, Pinnell Properties may
have temporary use of such additional park land necessary to stage the construction of the
improvements as may be approved by the Director of Parks and Recreation Department and at
the completion of the construction activities for the above improvements such additional park
land shall be restored to the condition to which it existed prior to the beginning of such
construction activities.
SECTION 4. The rights and benefits set forth in this ordinance may not be assigned
without the express written consent of the City.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
2002.
__ day of
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
EULINE BROCK, MAYOR
S:\OurD .... nts\Ordinances\02~PinnellPrivateDriveLi ...... docPage 2 of 3
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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lot 1
Exhibit A
0 100 200 300 Feet
~ ~ i, - ~ T i
EXHIBIT
$0' Trail Crossing
WALTON SLIFNEY. ABSTRACT NO. 1389
G & A ~nt8, Inc.
~,,~ nv, c.t oAa, ./a?/~ s¢~, ,'-,~ ~ ,o. 02079
Lot2
Pi~aeIt-b'ecd I..[,C.
Cf~ g7-R004G?01
Calleo 1109435 Ac
~0~o
LEGAL DESCRIPTION
30 Foot Trail Crossing
0.070 Acres
Being all that certain lot, tract or parcel of land situated in the J. P, Walton Survey, Abstract
Number 1389, City of Corinth, Denton County, Texas, being part of that certain tract of land
described in deed to the City of Denton recorded in Clerk'~ File Number 93-R0058485 o£fl~e
Real Property Records of Denton Cmmty, Texas, and being more particularly described as
follows:
BEGINNING at a point on the westerly line of said City of Denton tract, being on the easterly
line of that certain tract of land described in deed to Pinnell Ford, L.L.C. recorded in Clerk's File
Number 97-R0084160 of the Real Property Records of Denton County, Texas, from which point,
the northeast comer thereo£bears N 37°29'37" W, 626.92 feet;
THENCE N 52~25'04'' W, I01.29 feet, to a point on th, easterly line of said City of Denton
tract, being on the westerly line of that certaita tract of land described in deed to Pinnell Ford,
L.L.C. recorded in Clerk's File Number 97-R0046701 of the Real Property Records of Denton
County, Texas;
THENCE S 37 °33'56" E, 30.00 feet, along thc easterly line of said City of Denton tract and the
westerly tine of said Pinnell Ford tract;
THENCE S 52 ° 25'04" W, 101.29 feet, to a point on the westerly line of said City of Denton
tract and the easterly linc of the first cited Pinneli Ford tract;
TIIENCE lq 37°33'56" W, 30.00 feet, along said line, to the POINT OF BEGINNING and
containing approximately 0.070 acres of land.
kaum:02079tc.wpd
DRAFT
Parks, Recreation and Beautification
August 26, 2002
City Hall Conference Room
6:00 p.m.
Members present: Don Edwards, Dale Yeatts, Dalton Gregory, Geri Aschenbrenner, Brandon
Barnes and Teresa Andress.
Staff present: Ed Hodney, Janet Simpson, Emerson Vorel, John Whitmore, Janie McLeod and
Lancine Bentley.
Guests: Bobby Dollak with G & A Consultants, Inc., Ben Pinnell, developer, Marty Rivers -
President of First State Bank of Gainesville, and Patrick Vasquez, Chairman of Fuego Y Alma
2002.
Chairman Don Edwards called the meeting to order at 6:00 p.m.
Awards and Recognition - None
· th h
Approval of Minutes for dune 24 and duly 29t Meetings. Dale Yeatts made a motion to approve the
mmutes for June 24 and July 29th meetmgs. Gefi Aschenbrenner seconded the motion and it was
approved unanimously.
ACTION ITEMS
Provide Direction for the Surface Use of a Portion of Denton Branch Rail~Trail at Milepost 727.5.
Ed reminded the board that developer Ben Pinnell had requested a crossing on the Rail/Trail. At the
July 29th board meeting, Mr. Pinnell said he would make the following enhancements to the trail: pick
up trash and trim limbs along the trail from Dobbs Road to the Corinth City limits; provide and
maintain additional landscaping along the trail between North Corinth Street and Corinth Parkway;
providing stop signs at access crossing for vehicular traffic; provide deed restrictions preventing future
adjacent property owners from restricting parking for trail users; establishing a Business Office
Association (BOA) to maintain all said improvements until such time a rail system is built. At that
time, the BOA will at their expense remove all said improvements. Mr. Pinnell also said that an at-
grade time sensitive crossing will provide additional awareness to the Denton Trail System, possibly
serving as a safe entry point to the trail or a pick up point for trail users.
Ed said that staff recommends approval of the request.
ACTION: Dalton made a motion to approve the crossing requested as proposed. Geri seconded the
motion and it passed unanimously.
Consider approval of request to sell of alcoholic beverages at Fuego Y Alma Event on September 28th
in the Civic Center Park. Ed said that the Fuego Y Alma event would be held in the Civic Center Park
where sell of alcoholic beverages are allowed. He said that a resolution would be presented to City
Council requesting that Mi Casita Restaurant be the sole participant is allowed to sell alcoholic
DRAFT
beverages at the event.
Brandon asked if there had been any problems with last year's event. Patrick Vasquez said that
unfortunately, last year's event had been rained out but he did not anticipate any problems.
ACTION: Brandon moved that the request to sell alcoholic beverages at Fuego Y Alma be approved.
Teresa seconded the motion and it passed unanimously.
S:\Our DocmmentshMiscellaneous\02hAgenda Infbrmaric~ Sheer Amending Gas Franchise 090302.doc
Agenda 02-029 09/03/02 #38
AGENDA INFORMATION SHEET
AGENDA DATE: September 3, 2002
DEPARTMENT: Legal
CM/DCM/ACM: Herbert L. Prouty, City Attorney
SUBJECT: Consider and adopt an ordinance on third reading amending the existing Gas
Franchise between the City and TXU Gas Company, to provide for a different consideration and
to authorize the lease of facilities within the City's rights, of-way; providing for acceptance by
TXU Gas Company; finding and determining that the meeting at which this ordinance is passed
is open to the public as required by law; and providing an effective date.
BACKGROUND: In June 2000, the City of Demon filed suit against Texas Utility Company, et
al. ("TXU") in Denton County in an attempt to collect delinquent franchise fees under its Electric
and Gas Franchises with TXU. The City selected Strasburger & Price among five proposals
from outside law firms to represem it in this litigation. Thirtysix other cities joined the
litigation, which has been the subject of mediation and various settlement negotiations since last
summer. As the other cities joined the litigation, the case was removed from DeNon County and
re-filed in Dallas County. Dallas County is where TXU's principal business offices are located.
As a result of mediation in January 2002,the cities agreed on a settlement. Under the settlement,
the City of Denton would receive $100,677 historic gas franchise fee revenue, $3,405 in electric
franchise fee revenue, and $328,028 for reimbursemem of its share of litigation costs. After
paying its share of outstanding litigation costs, Denton should net about $200,000 in reimbursed
litigation costs. All other cities in the lawsuit will receive their proportional shares of the
settlement.
On June 18 of this year, by passing Ordinance 2002-202, you approved this settlement with
TXU. As a part of that settlement, TXU has agreed to amend its Gas Franchise with the City to
add additional revenue sources to the franchise fee base. These new gas revenue sources include
the franchise fee on franahise fee revenue, contributions in aid of construction, miscellaneous
revenues, and transportation and industrial revenues. This would significantly increase the
amount of future franchise fee revenue under the existing franchise. The franchise amendmem
also include a "most favored nations clause" which will give the cities involved in the litigation
additional revenues if any city in the TXU Gas Distribution system receives a franchise which
grants more favorable franchise fee payments than Denton's G~ Franchise.
Under the Charter, it will take three separate readings of the ordinance to amend the Gas
Franchise. We had originally wanted to bring you the first reading on your July 1 ~ meeting.
But in order to allow several of the cities to work oa some concerns about language in the Gas
Franchise, we delayed this matter until your August ~ meeting. We have scheduled the second
reading for your August 2(~h regular meeting and the third and final reading for your September
3rd meeting. The Amendments will be retroactive back to January 1, 2002 so that the benefits of
the additional revenue sources will be applicable to franchise fee paymems during the currem
year.
S:\Our DocmmentskMiscellaneous\02kAgenda Infbrmarica~ Sheer Amending Gas Franchise 090302.doc
RECOMMENDATION/OPTIONS:
1. Pass the Amendment to the Gas Franchise on the firstreading.
2. Do not pass the ordinance approving the Amendment to the Gas Franchise on the first
reading.
We recommend the City Council pass the ordinance on the first reading. The majority of the
Steering Committee of the 37 cities involved in the settlemmt recommends that all cities
involved in the litigation approve both the Gas and Electric Franchise Ordinance Amendments.
The passage of the Gas Franchise Ordinance will result in a significant enhancement of future
gas franchise fees. Additional inforrmtion on the Gas Franchise Amendment is included in the
City Attorney's status report.
FISCAL INFORMATION:
Diversified Utility Consultants, Inc. has estimated that the additional revenue added by the recent
renewals of the TXU Gas and Electric Franchises together with the Amendment to the Gas
Franchise will result in something in excess of $2,500,000 in additional franchise fee revenues
over the 10 year life of the franchises assuming slow to moderate growth. TXU Gas will be able
to recover the increase in franchise fee revenue by a surcharge to TXU gas customers.
Respectfully submitted:
Herbert L. Prouty ~.--~
City Attorney
2
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ORDINANCE NO.
AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY
AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND
TO AUTHORIZE THE LEASE OF FACILITIES WiTHiN THE CITY'S RIGHTS-OF-WAY;
PROViDiNG FOR ACCEPTANCE BY TXU GAS COMPANY; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROViDiNG AN EFFECTIVE
DATE.
WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU
Gas Distribution division, engaged in the business of furnishing and supplying gas to the general
public in the City, including the transportation, delivery, sale, and distribution of gas in, out of,
and through the City for all purposes, and is using the pul:lic streets, alleys, grounds and rights-
of-ways within the City for that purpose under the terms of a franchise ordinance heretofore duly
passed by the governing body of the City and duly accepted by TXU Gas; and
WHEREAS, the City and TXU Gas desire to mnend said franchise ordinance to provide
for a different consideration and to authorize the lease of facilities within the City's rightsof-
way; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The existing gas franchise ordinance between the City and TXU Gas
Company is amended as follows:
Effective January 1, 2002, the consideration payable by TXU Gas for the rights
and privileges granted to TXU Gas by the franchise ordinance heretofore duly
passed by the governing body of this City and duly accepted by TXU Gas is
hereby changed to be four percent (4%) of the Gross Revenues, as defined in
Section 1 .B. below, received by TXU Gas.
"Gross Revenues" shall mean all revenue derived or received, directly or
indirectly, by the Company from or in connection with the operation of the
System within the corporate limits of the City and including, without limitation:
all revenues received by the Company from the sale of gas to all classes of
customers within the City;
(2)
all revenues received by the Company from the transportation of gas
through the pipeline system of Company within the City to customers
located within the City;
(3)
the value of gas transported by Company for Transport Customers through
the System of Company within the City ("Third Party Sales"), with the
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value of such gas to be reported by each Transport Customer to the
Company, provided, however, that should a Transport Customer refuse to
furnish Company its gas purchase price, Company shall estimae same by
utilizing TXU Gas Distfibution's monthly industrial Weighted Average
Cost of Gas, as reasonably near the time as the transportation service is
performed; and
(4) "Gross revenues" shall include:
(a) other revenues derived from the following 'miscellaneous
charges':
charges to connect, disconnect, or reconnect gas within the
City;
ii.
charges to handle returned checks from consumers within
the City;
iii.
such other service charges and charges as may, from time
to time, be authorized in the rates and charges on file with
the City; and
iv. contributions in aid of construction" ("CIAC");
(b) revenues billed but not ultimately collected or received by the
Company; and,
(c) gross receipts fees.
(5) "Gross revenues" shall not include:
(a)
the revenue of any Person including, without limitation, an
affiliate, to the extent that such revenue is also included in Gross
Revenues of the Company;
(b) sales taxes; and
(c) any interest income earned by the Company; and
(d)
all monies received from the lease or sale of real or personal
property, provided, however, that this exclusion does not apply to
the lease of facilities within the City's fight of way.
C. Calculation and Payment of Franchise Fees Based on CIAC
The franchise fee amounts based on "Contributions in aid of Construction"
("CIAC") shall be calculated on an annual calendar year basis, i.e., from
January 1 through December 31 of each calendar year.
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(2)
The franchise fee amounts that are due based on CIAC shall be paid at
least once annually on or before April 30 each year based on the total
CIAC recorded during the preceding calendar year.
Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by TXU
Gas
(1)
If TXU Gas should at any time after the effective date of this Ordinance
agree to a new municipal franchise ordinance, or renew an existing
municipal franchise ordinance, with another municipality, which
municipal franchise ordinance determines the franchise fee owed to that
municipality for the use of its public rights-of-way in a manner that, if
applied to the City, would result in a franchise fee greater than the amount
otherwise due City under this Ordinance, then the franchise fee to be paid
by TXU Gas to City pursuant to this Ordinance shall be increased so that
the amount due and to be paid is equal to the amount that would be due
and payable to City were the franchise fee provisions of that other
franchise ordinance applied to City.
(2)
The provisions of this Subsection D apply only to the amount of the
franchise fee to be paid and do not apply to other franchise fee payment
provisions, including without limitation the timing of such payments.
E. TXU Gas Franchise Fee Recovery Tariff
TXU Gas may file with the City a tariff amendment(s) to provide for the
recovery of the franchise fees under this amendment.
(2)
City agrees that (i) as regulatory authority, it will adopt and approve the
ordinance, rates or tariff which provide for 100% recovery of such
franchise fees as part of TXU Gas' rates; (ii) if the City intervenes in any
regulatory proceeding before a federal or state agency in which the
recovery of TXU Gas' franchise fees is an issue, the City will take an
affirmative position supporting 100% recovery of such franchise fees by
TXU Gas and; (iii) in the event of an appeal of any such regulatory
proceeding in which the City has intervened, the City will take an
affirmative position in any such appeals in support of the 100% recovery
of such franchise fees by TXU Gas.
(3)
City agrees that it will take no action, nor cause any other person or entity
to take any action, to prohibit the recovery of such franchise fees by TXU
Gas.
Lease of Facilities Within City's Rights-of-Way. TXU Gas shall have the right to
lease, license or otherwise grant to a party other than TXU Gas the use of its
facilities within the City's public rights-of-way provided: (i) TXU Gas first
Page 3
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notifies the City of the name of the lessee, licensee or user; the type of service(s)
intended to be provided through the facilities; and the name and telephone number
of a contact person associated with such lessee, licensee or user and (ii) TXU Gas
makes the franchise fee payment due on the revenues from such lease pursuant to
Sections I.A. and I.B. of this Ordinance. This authority to Lease Facilities Within
City's Rights-of-Way shall not affect any such lessee, licensee or user's obligation,
if any, to pay franchise fees.
SECTION 2. In all respects, except as specifically and expressly almnded by this
ordinance, the existing effective franchise ordinance heretofore duly passed by the governing
body of the City and duly accepted by TXU Gas shall remain in full force and effect according to
its terms until said franchise ordinance terminatesas provided therein.
SECTION 3. This ordinance shall take effect upon its final passage and TXU Gas'
acceptance. TXU Gas shall, within thirty (30) days from the passage of this ordinance, file its
written acceptance of this ordinance with the Office cf the City Secretary in substantially the
following form:
To the Honorable Mayor and City Council:
TXU Gas Distribution, a division of TXU Gas Company, acting by and
through the undersigned authorized officer, hereby accepts in all respects, on this
the day of , 20 , Ordinance No.
amending the current gas franchise between the City and TXU Gas and the same
shall constitute and be a binding contractual obligation of TXU Gas and the City.
TXU Gas Distribution
A division of TXU Gas Company
By
Vice President
SECTION 4. It is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law md that public notice of the time,
place and purpose of said meeting was given as required.
MARK BURROUGHS, MAYOR PRO TEM
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
The City of Denton, Texas, acting herein by its duly constituted authorities, hereby
declares the foregoing Ordinance passed on first reading on he __ day of ,2002;
and passed on second reading on the __
reading on the __ day of
,2002.
day of , 2002; and passed on third
,2002; and being finally effective as of the __ day of
/s/ Abstained /s/
Euline Brock, Mayor
Mark Burroughs, Mayor Pro Tem
/s/ /s/
Bob Montgomery, Council Member
Perry McNeill, Council Member
/s/ /s/
Jane Fulton, Council Member
/s/
Raymond Redmon, Council Member
Michael Phillips, Council Member
The above and foregoing ordinance read, adopted on first reading and passed to second reading
by the following votes, this the __ day of ,2002, at a regular session of the City
Council.
Euline Brock, Mayor, abstained from voting.
Mark Burroughs, Mayor Pro Tem, voting __
Bob Montgomery, Council Member, voting __
Perry McNeill, Council Member, voting __
Jane Fulton, Council Member, voting __
Michael Phillips, Council Member, voting __
Raymond Redmon, Council Member, voting __
The above and foregoing ordinance read, adopted on second reading and passed to tlkd reading
by the following votes, this the __ day of ,2002, at a regular session of the
City Council.
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Euline Brock, Mayor, abstained from voting.
Mark Burroughs, Mayor Pro Tem, voting __
Bob Montgomery, Council Member, voting __
Perry McNeill, Council Member, voting __
Jane Fulton, Council Member, voting __
Michael Phillips, Council Member, voting __
Raymond Redmon, Council Member, voting __
The above and foregoing ordinance read, adopted on third reading md passed by the following
votes, this the __ day of ,2002, at a regular session of the City Council.
Euline Brock, Mayor, abstained from voting.
Mark Burroughs, Mayor Pro Tem, voting __
Bob Montgomery, Council Member, voting __
Perry McNeill, Council Member, voting __
Jane Fulton, Council Member, voting __
Michael Phillips, Council Member, voting __
Raymond Redmon, Council Member, voting __
STATE OF TEXAS §
COUNTY OF DENTON §
I, Jennifer Walters, City Secretary of the City of Demon, Texas, do hereby certify that the
above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between
the City of Demon and TXU Gas Company doing business as TXU Gas. The same is now
recorded as Ordinance Number
Texas.
WITNESS MY HAND this the
(SEAL)
in the Ordinance Records of the City of Denton,
day of ,2002.
Jennifer Walters, City Secretary
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ACCEPTANCE
WHEREAS, the City Council of the City of Demon, Texas, did on the __
,2002, enact an Ordinance entitled:
day of
AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY
AND TXU GAS COMPANY, TO PROVIDE FOR A DIFFERENT CONSIDERATION AND
TO AUTHORIZE THE LEASE OF FACILITIES WiTHiN THE CITY'S RIGHTS-OF-WAY;
PROViDiNG FOR ACCEPTANCE BY TXU GAS COMPANY; FiNDiNG AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS
OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROViDiNG AN EFFECTIVE
DATE.
WHEREAS, TXU Gas Company (hereinafter called "TXU Gas") is, through its TXU
Gas Distribution division, engaged in the business of furnishing and supplying gas to the general
public in the City, including the transportation, delivery, sale, and distribution of gas in, out of,
and through the City for all purposes, and is using the public streets, alleys, grounds and rights
of-ways within the City for that purpose under the teams of a franchise ordinance heretofore duly
passed by the governing body of the City and duly accepted by TXU Gas; and
WHEREAS, the City and TXU Gas desire to amend said franchise ordinance to provide
for a differem consideration and to authorize the lease of facilities within the City's rights-of-
way;
To the Honorable Mayor and City Council:
TXU Gas Distribution, a division of TXU Gas Company, acting by and
through the undersigned authorized officer, hereby accepts in all respects, on this
the day of , 20 , Ordinance No.
amending the current gas franchise betWeen the City and TXU Gas and the same
shall constitute and be a binding contractual obligation of TXU Gas and the City.
TXU Gas Distribution
A division of TXU Gas Company
DATED this the
By
__ day of
Vice Presidem
,2002.
TXU GAS COMPANY
doing business as TXU GAS
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By:
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Agenda 02-029 09/03/02 #39
AGENDA INFORMATION SHEET
AGENDA DATE: September 3, 2002
DEPARTMENT: Legal
CM/DCM/ACM: Herbert L. Prouty, City Attorney
SUBJECT: Consider and adopt an ordinance on third reading amending the existing Electric
Franchise between the City and Oncor Hectric Delivery Company, to provide for a different
consideration; providing for acceptance by Oncor Electric Delivery Company; finding and
determining that the meeting at which this ordinance is passed is open to the public as required
by law; and providing an effective date.
BACKGROUND: In June 2000, the City of Demon filed suit against Texas Utility Company, et
al. ("TXU") and DeNon County in an attempt to collect delinquent franchise fees under its Gas
and Electric Franchises with TXU. The City selected Strasburger & Price among five proposals
from outside law firms to represem it in this litigation. Thirt~six other cities joined the
litigation, which has been the subject of mediation and various settlement negotiations since last
summer. The negotiated settlemem adds a number of miscellaneous revenue sources and also
includes a "most favored nations clause" which will give Denton and all the other cities involved
in the litigation additional revenues if any city in the Oncor Electric DeliveF Company (TXU
Electric Distribution) System (Oncor) grants more favorable franchise fee payments than
Denton's Electric Franchise.
On June 18 of this year, by passing Ordinance 2002-202, you approved this settlemem with
TXU. As a part of that settlement, TXU has agreed to amend its Electric Franchise with the City
to add additional revenue sources to the franchise fee base. These new electric revenue sources
include a number of discretionary service charges. This would increase the amount of future
franchise fee revenue under the existing franchises.
Under the Charter, it will take three separate readings of the ordinance to amend the Electric
Franchise. We had originally wanted to bring you the first reading on your July 1 ~ meeting.
But in order to allow several of the cities to work out some concerns about language in the Gas
Franchise, we delayed this matter until your August ~ meeting. We have scheduled the second
reading for your August 2(~h regular meeting and the third and final readingfor your September
3rd meeting. The Amendments will be retroactive back to January 1, 2002 so that the benefits of
the additional revenue sources will be applicable to franchise fee paymems during the currem
year.
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RECOMMENDATION/OPTIONS:
1. Pass the Amendment to the Electric Franchise on the first reading
2. Do not pass the ordinance approving the Amendment to the Electric Franchise on the
first reading.
We recommend the City Council pass the ordinance on the first reading. The majority of the
Steering Committee of the 37 cities involved in the settlement recommends that all cities
involved in the litigation approve both the Gas and Electric Franchise Ordinance Amendments.
Passage would enhance future franchise fee revenue. Additional information concening the
passage of the Electric Franchise Amendment is included in the City Attorney's status report.
FISCAL INFORMATION:
The additional revenue added by the recent renewal of Oncor's Electric Franchise together with
the amendment to the Electric Franohise agreed by Oncor, will result in something in excess of
$100,000 in additional franchise fee revenues over the ten year life of the Franchise assuming
low to moderate growth according to the estimates of Diversified Utility Consultant's, Inc.
Oncor will be able to recover the increase in franchise fee revenue by a surcharge to Oncor's
electric customers.
Respectfully submitted:
Herbert L. Prouty "-
City Attorney
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ORDINANCE NO.
AN ORDINANCE AMENDING THE EXiSTiNG ELECTRIC FRANCHISE BETWEEN THE
CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A
DIFFERENT CONSIDERATION; PROViDiNG FOR ACCEPTANCE BY ONCOR
ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric
Company (hereinafter called "Oncor") is engaged in the business of providing electric utility
service within the City and is using the public streets, alleys, grounds and rightsof-ways within
the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the
governing body of the City and duly accepted by Oncor; and
WHEREAS, the City and Oncor desire to amend said franchise ordinance to provide for a
different consideration; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The existing electric franchise ordinance between the City and Oncor
Electric Delivery Company is amended as follows:
Effective January 1, 2002, the franchise fee due from Oncor shall be a sum
comprised of the following:
a charge, as authorized by Section 33.008(b) of PURA, based on each
kilowatt hour of electricity delivered by Oncor to each retail customer
whose consuming facility's point of delivery is located within the City's
municipal boundaries and as specified by Oncor to the City by letter datd
January 21, 2002.
(a)
The franchise fee due pursuant to Section 33.008(b) of PURA shall
be payable in accordance with the existing electric franchise; and
(2)
a sum equal to four percent (4%) of gross revenues received by Oncor
from services identified in its "Tariff for Retail Delivery Service", Section
6.1.2, "Discretionary Service Charges," items DD 1 through DD24, that are
for the account or benefit of an end-use retail electric consumer.
(a)
The franchise fee amounts based on "Discretionary Service
Charges" shall be calculated on an annual calendar year basis, i.e.,
from January 1 through December 31 of each calendar year.
(b)
The franchise fee amounts that are due based on "Discretionary
Service Charges" shall be paid at least once annufily on or before
April 30 each year based on the total "Discretionary Service
Charges" received during the preceding calendar year.
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B. Oncor Franchise Fee Recovery Tariff
Oncor may file a tariff amendment(s) to provide for the recovery of the
franchise fee on Discretionary Service Charges.
(2)
City agrees (i) to the extent the City acts as regulatory authority, to adopt
and approve that portion of any tariff which provides for 100% recovery
of the franchise fee on Discretionary Service Charges; (ii) in the event the
City intervenes in any regulatory proceeding before a federal or state
agency in which the recovery of the franchise fees on such Discretionary
Service Charges is an issue, the City will take an affirmative position
supporting the 100% recovery of such franchise fees by Oncor and; (iii) in
the event of an appeal of any such regulatory proceeding in which the City
has intervened, the City will take an affirmative position in any such
appeals in support of the 100% recovery of such frandfise fees by Oncor.
(3)
City agrees that it will take no action, nor cause any other person or entity
to take any action, to prohibit the recovery of such franchise fees by
Oncor.
SECTION 2. In all respects, except as specifically and expressly amen&d by this
ordinance, the existing effective franchise ordinance heretofore duly passed by the governing
body of the City and duly accepted by Oncor shall remain in full force and effect according to its
terms until said franchise ordinance terminates as [rovided therein.
SECTION 3. This ordinance shall take effect upon its final passage and Oncor's
acceptance. Oncor shall, within thirty (30) days from the passage of this ordinance, file its
written acceptance of this ordinance with the Office of the Ciy Secretary in substantially the
following form:
To the Honorable Mayor and City Council:
Oncor Electric Delivery Company, acting by and through the undersigned
authorized officer, hereby accepts in all respects, on this the day of
, 20 , Ordinance No. amending the
current electric franchis,~tween the City and Oncor and the same shall
constitute and be a binding contractual obligation of Oncor and the City.
Oncor Electric Delivery Company
By
Vice President
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SECTION 4. It is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law and that public notice of the time,
place and purpose of said meeting was given as required.
MARK BURROUGHS, MAYOR PRO TEM
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
The City of Denton, Texas, acting herein by its duly constituted authorities, hereby
declares the foregoing Ordinance passed on first reading on the __ day of ,2002;
and passed on second reading on the __ day of , 2002; and passed on third
reading on the __ day of ,2002; and being finally effective as of the __ day of
,2002.
/s/ Abstained /s/
Euline Brock, Mayor
Mark Burroughs, Mayor Pro Tem
/s/ /s/
Bob Montgomery, Council Member
Perry McNeill, Council Member
/s/ /s/
Jane Fulton, Council Member
Michael Phillips, Council Member
/s/
Raymond Redmon, Council Member
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The above and foregoing ordinance read, adopted on first reading and passed to second reading
by the following votes, this the __ day of ,2002, at a regular session of the City
Council.
Euline Brock, Mayor, abstained from voting.
Mark Burroughs, Mayor Pro Tem, voting __
Bob Montgomery, Council Member, voting __
Perry McNeill, Council Member, voting __
Jane Fulton, Council Member, voting __
Michael Phillips, Council Member, voting __
Raymond Redmon, Council Member, voting __
The above and foregoing ordinance read, adopted on second reading and passed to third reading
by the following votes, this lhe __ day of ,2002, at a regular session of the
City Council.
Euline Brock, Mayor, abstained from voting.
Mark Burroughs, Mayor Pro Tem, voting __
Bob Montgomery, Council Member, voting __
Perry McNeill, Council Member, voting __
Jane Fulton, Council Member, voting __
Michael Phillips, Council Member, voting __
Raymond Redmon, Council Member, voting __
The above and foregoing ordinance read, adopted on third reading and passed by the following
votes, this the __ day of ,2002, at a regular session of the City Council.
Euline Brock, Mayor, abstained from voting.
Mark Burroughs, Mayor Pro Tem, voting __
Bob Montgomery, Council Member, voting __
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Perry McNeill, Council Member, voting __
Jane Fulton, Council Member, voting __
Michael Phillips, Council Member, voting __
Raymond Redmon, Council Member, voting __
STATE OF TEXAS §
COUNTY OF DENTON §
I, Jennifer Walters, City Secretary of the City of Demon, Texas, do hereby certify that the
above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between
the City of Demon and TXU Gas Company doing business as TXU Gas. The same is now
recorded as Ordinance Number in the Ordinance Records of the City of Demon,
Texas.
WITNESS MY HAND this the
day of ,2002.
(SEAL)
Jennifer Walters, City Secretary
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ACCEPTANCE
WHEREAS, the City Council of the City of Denton, Texas, did on the __
,20__, enact an Ordinance entitled:
day of
AN ORDINANCE AMENDING THE EXISTING ELECTRIC FRANCHISE BETWEEN THE
CITY AND ONCOR ELECTRIC DELIVERY COMPANY, TO PROVIDE FOR A
DIFFERENT CONSIDERATION;; PROVIDING FOR ACCEPTANCE BY ONCOR
ELECTRIC DELIVERY COMPANY; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS
REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Oncor Electric Delivery Company, successor in interest to TXU Electric
Company (hereinafter called "Oncor") is engaged in the business of providing electric utility
service within the City and is using the public streets, alleys, grounds md rights-of-ways within
the City for that purpose under the terms of a franchise ordinance heretofore duly passed by the
governing body of the City and duly accepted by Oncor; and
WHEREAS, the City and Oncor desire to amend said franchise ordinance to l~ovide for a
different consideration
To the Honorable Mayor and City Council:
Oncor Electric Delivery Company, acting by and through the undersigned
authorized officer, hereby accepts in all respects, on this the day of
, 20 , Ordinance No. amending the
current electric franchise between the City and Oncor and the same shall
constitute and be a binding contractual obligation of Oncor and the City.
Oncor Electric Delivery Company
By
Vice President
DATED this the __ day of ,2002.
ONCOR ELECTRIC DELIVERY COMPANY
By:
Vice President
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