HomeMy WebLinkAboutJanuary 17, 2006 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
January 17, 2006
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Work Session on Tuesday, January 17, 2006 at 4:00 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:
1. Receive a report, hold a discussion and give staff direction on amending the Development
Review Fee schedule.
2. Receive a briefing, hold a discussion and give staff direction regarding Subchapter 13,
Site Design Standards of the Development Code related to tree preservation requirements
associated with gas well development, gas pipeline installation, and fiber optic line
installation. (DCA05-0010)
3. Receive a report, hold a discussion and give staff direction regarding updating the
International Building Codes, International Fire Code, National Electric Code, and
Energy Conservation Code.
4. Receive a briefing, hold a discussion, and gIve staff direction regarding Code
Enforcement issues.
5. Receive a report, hold a discussion and give staff direction on possible amendments to
requirements for parking in front of buildings and to criteria for Alternative Development
Plans (ADP's).
6. Requests for clarification of consent agenda items listed on the consent agenda for today's
City Council regular meeting of January 17,2006.
Following the completion of the Work Session, the City Council will convene in a Closed
Meeting to consider specific items when these items are listed below under the Closed Meeting
section of this agenda. When items for consideration are not listed under the Closed Meeting
section of the agenda, the City Council will not conduct a Closed Meeting and will convene at
the time listed below for its regular or special called meeting. The City Council reserves the
right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. Consultation with Attorney - Under Texas Government Code Section 551.071
1. Consultation with the City's attorneys regarding legal issues, including
defense of pending litigation filed by JNC Denton Partners, LLC,
associated with annexation of real property in the City's northern ETJ,
under annexation case no. A05-0002, along with other legal issues related
to the annexation, including zoning, land use and subdivision controls, plat
applications, annexation plans, development agreements, annexation
agreements, service plans, utility service, and legal issues implicated by
alternative proposals advanced by individuals owning property within the
proposed annexation area. A public discussion of these legal matters
City of Denton City Council Agenda
January 17, 2006
Page 2
would conflict with the duty of the City's attorneys to the City Council
under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas or would jeopardize the City's legal position in any
administrative proceedings or potential litigation.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A
CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH FINAL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED
MEETING IN ACCORDANCE WITH THE PROVISIONS OF 9551.086 OF THE TEXAS
GOVERNMENT CODE (THE 'PUBLIC POWER EXCEPTION'). THE CITY COUNCIL
RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE
SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, 9551.001, ET SEQ. (THE TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION 9551.071-551.086 OF THE
TEXAS OPEN MEETINGS ACT.
Regular Meeting of the City of Denton City Council on Tuesday, January 17, 2006 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:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. PROCLAMA TIONS/PRESENTA TIONS
A. Proclamations/Awards
B. January Yard-of-the-Month Awards
3. 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 A - R). This listing is provided on the Consent Agenda to
allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda.
If no items are pulled, Consent Agenda Items A - R 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.
City of Denton City Council Agenda
January 17, 2006
Page 3
A. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas authorizing the City Manager to execute a Professional Services Agreement
with GILA Corporation, D.B.A. Municipal Services Bureau, for professional
services relating to the collection of municipal court fines in accordance with the
Code of Criminal Procedure; providing for retroactive effect; and providing an
effective date.
B. Consider approval of tax refunds for the following property taxes:
Tax
Name Reason Amount
Year
2. Dan McBride
Overpayment
2004 $ 834.75
C. Consider adoption of an ordinance of the City of Denton, Texas authorizing the
City Manager to execute a contract for professional legal services with Terry
Morgan & Associates, P.C., for professional legal services relating to issues and
anticipated and pending litigation surrounding the annexation in the northern part
of the city of Denton; authorizing the expenditure of funds not exceeding fifty
thousand dollars ($50,000) therefor; and providing an effective date.
D. Consider adoption of an ordinance accepting competitive bids and awarding a
two-year contract for the purchase of decorative Streetlight fixtures for Denton
Municipal Electric; providing for the expenditure of funds therefor; and providing
an effective date (Bid 3433 - Two-Year Contract for Decorative Streetlight
Fixtures awarded to the lowest responsible bidder for each item, Hadco Lighting
in the annual estimated amount of $89,250). The Public Utilities Board
recommends approval (5-0).
E. Consider adoption of an ordinance awarding a contract for the purchase of
CrewManager Software for Denton Municipal Electric as awarded by the State of
Texas Building and Procurement Commission through the Catalog Information
Service Vendor (CISV) Catalog Program; providing for the expenditure of funds
therefor; and providing an effective date (File 3436 - Purchase of CrewManager
Software awarded to Unique Business Systems in the amount of $95,000). The
Public Utilities Board recommends approval (6-0).
F. Consider adoption of an ordinance accepting competitive bids and awarding a
contract for purchase of Ready Mix Concrete and Portland Cement for various
City Departments; providing for the expenditure of funds therefor; and providing
for an effective date (Bid 3438 - Ready Mix Concrete and Portland Cement
awarded to lowest responsible bidder for each section in the estimated amount of
$1,000,000).
G. Consider adoption of an ordinance of the City of Denton, Texas, amending
Ordinance No. 2005-014 prescribing the number of positions in each
classification of Police Officer; prescribing the number of positions in each
classification of Fire Fighter; providing a savings clause; providing a severability
clause; and declaring an effective date.
City of Denton City Council Agenda
January 17, 2006
Page 4
H. Consider adoption of an ordinance approving an assignment of a leasehold
interest in a commercial operator airport lease at Denton Municipal Airport from
Triangle Aviation Inc., to Charles N. Davis, III, located at 4560 John Carrell Road
at the Denton Municipal Airport and authorizing the City Manager to execute an
amendment extending the term of the lease; and providing an effective date. The
Airport Advisory Board recommends approval (7-0).
I. Consider adoption of an ordinance approving an assignment of a leasehold
interest in a pad site at Denton Municipal Airport from US Flight Academy to US
Aviation Group, LLC located at the Denton Municipal Airport; and providing an
effective date. The Airport Advisory Board recommends approval (7-0).
1. Consider approval of a resolution of the City Council of the City of Denton,
Texas authorizing the filing of a project application with the North Central Texas
Council of Governments for a Regional Solid Waste Program - local
implementation project; delegating and authorizing Shirlene Sitton, Recycling
Manager of the City to act on behalf of the City in those matters related to the
application for grant; authorizing Howard Martin, Interim City Manager, or his
designate, to act on behalf of the City in all other matters that are related to the
project application, pledging that if funding for this project is received the City of
Denton, Texas will comply with all project requirements of the North Central
Texas Council of Governments, the Texas Commission on Environmental
Quality, and the State of Texas; providing for an effective date. The Public
Utilities Board recommends approval (6-0).
K. Consider adoption of an ordinance approving an agreement between the City of
Denton and Rayzor Investments, Ltd. for the abandonment of a certain Public
Utility Easement Recorded in Volume 504, Page 456 of the Real Property
Records of Denton County, Texas and being in the Asa Hickman Survey, Abstract
No. 521. The Public Utilities Board recommends approval (5-0).
L. Consider adoption of an ordinance of the City Council of the City of Denton,
Texas authorizing the City Manager to execute a professional services agreement
with R. 1. Covington Consulting, LLC for consulting services relating to Task
Order No. 06-A; providing for services before the Public Utilities Commission of
Texas, including, without limitation, compliance issues, protection of Denton
Municipal Electric's interests and the interests of its ratepayers, implementation
of the Nodal market design, issues related to monitoring the new market, market
power issues, resource adequacy in the Nodal market, and other issues affecting
DME's conduct of its business; authorizing the expenditure of funds therefor; and
providing an effective date. The Public Utilities Board recommends approval
(6-0).
M. Consider adoption of an ordinance of the City Council of the city of Denton,
Texas authorizing the City Manager to execute a professional services agreement
with R. 1. Covington Consulting, LLC for consulting services relating to Task
Order No. 06-B; providing for monitoring activities before the Electric Reliability
Council of Texas, related to transition to a Nodal Market Design in the Texas
electric market; authorizing the expenditure of funds therefor; and providing an
effective date. The Public Utilities Board recommends approval (6-0).
City of Denton City Council Agenda
January 17, 2006
Page 5
N. Consider adoption of an ordinance approving necessary amendments to Article V
of Chapter 26 and the adoption of Article IX entitled "On-Site Sewage Facilities
(OSSFs)" Division 1, Sections 26-260 through 26-270, in order to comply with
the changes adopted by Texas Commission on Environmental Quality (TCEQ).
O. Consider approval of a resolution of the City Council of the City of Denton,
Texas, authorizing the Mayor, as representative of the City, to issue a letter
designating the Geriatric Services Workgroup, as "Local Council" for the
purposes of geriatric services planning; and providing an effective date.
P. Consider approval of a resolution adopting an amendment to the Ethics Policy for
Elected and Appointed Officials for the City of Denton, Texas; and providing an
effective date.
Q. Consider approval of a Surface Site Easement Agreement granting such easement
to NGG Gathering Company, LLC, which easement is located in an approximate
245 acre tract ofland owned by the City of Denton and located in the G. Walker
Survey, Abstract No. 1330, consisting of a 4.378 acre, and a 0.344 acre parcel of
land; and providing an effective date thereof. The Public Utilities Board
recommends approval (5-0).
R. Consider approval of a Underground Pipeline Easement Agreement granting such
easement to NGG Gathering Company, LLC, which easement is located in an
approximate 85 acre tract of land owned by the City of Denton and located in the
G. Walker Survey, Abstract No. 1330, and also a part of the called 245.00 acre
tract owned by the City of Denton located in the G. Walker Survey, Abstract No.
1330, consisting of an approximate 2.14 acre parcel ofland, and 0.407 and 0.623
acre parcels out of the Municipal Utility Addition owned by the City of Denton
situated in the Mary Austin Survey, Abstract Number 4, filed of record in Cabinet
"G", Page "346" Plat Records, Denton County, Texas; and providing an effective
date thereof. The Public Utilities Board recommends approval (5-0).
4. PUBLIC HEARINGS
A. Hold a public hearing regarding amendments to Subchapter 13, Site Design
Standards of the Denton Development Code, related to tree preservation
requirements associated with gas well development, gas pipeline installation, and
fiber optic line installation. (DCA05-0010)
B. Hold a public hearing and consider adoption of an ordinance amending the
Development Review Fee schedule.
5. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the
City Manager to execute on behalf of the City of Denton an amendment to the
Airport Project Participation Agreement with the Texas Department of
Transportation relating to certain improvements at the Denton Municipal Airport;
authorizing and directing the City Manager or his designee to expend funds as
City of Denton City Council Agenda
January 17, 2006
Page 6
provided for in said agreement and to execute documents on behalf of the City of
Denton in order to implement the project; and providing an effective date. The
Airport Advisory Board recommends approval (7-0).
B. Citizen Reports
1. Review of procedures for addressing the City Council.
2. Receive citizen reports from the following:
A. Willie Hudspeth regarding concerns of Southeast Denton.
B. Gerald DeMarsh regarding the Police Department.
C. Bob Clifton regarding city business.
C. New Business
This item provides a section for Council Members to suggest items for future
agendas or to request information from the City Manager.
D. Items from the City Manager
1. Notification of upcoming meetings and/or conferences
2. Clarification of items on the agenda
E. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the
Texas Open Meetings Act.
F. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the
Texas Open Meetings Act.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ,2006 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 IMP AIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17,2006
CM:
Planning and Development ~
Howard Martm, 349-8232 __
DEPARTMENT:
SUBJECT
Receive a report, hold a discussion and give staff direction on an ordinance amending the
Development Review Fee Schedule.
BACKGROUND
This is a summary of the fee schedule changes that are proposed for the Development
Review Fee Schedule.
. Notification Fees (signs, legal advertising, notices): $220.00
. Completeness Review: $50.00 for each new submittal (does not apply to
resubmittals once an application is found to be complete)
. Engineering Plat review for one and two lot residential subdivision: $500.00
. On all planning submittals, the cost of reviewing the resubmittal is included in the
initial fee. For the second resubmittal (third time and all subsequent resubmittals),
there is an additional fee of $500.00 per resubmittal.
. Development Plat, Replat, Vacating Plat, Minor Plat, Conveyance Plat, and
Amending Plats will be charged $250.00 for initial and one resubmittal
engineering and planning review. For the second resubmittal (third time and all
subsequent resubmittals), there is an additional fee of$250.00 per resubmittal.
. All fees must be paid:
1. By the close of business on the Thursday preceding the Planning and Zoning
Commission meeting at which the item will be considered
2. By 10:00 a.m. on the Wednesday preceding the City Council meeting at which
the item will be considered
3. By the close of business on the Monday one week before the Zoning Board of
Adjustment meeting at which the item will be considered
. The exception to the above requirement for fee payment is the fee for Engineering
Inspection which must be paid in full prior to the recordation of the plat.
Currently, the City charges for the legal advertising, signs and the cost of mailing notices,
after the city has incurred the cost. At times, applicants do not get these fees paid
resulting in either, an application pulled from the agenda or fees unpaid. The $220.00 fee
is the average fee paid over the last two years. When the Council amended Subchapter 16
in August 2005, it added a "completeness review" process. This completeness review fee
is proposed to cover the cost of that process. One and two lot subdivisions were being
penalized by the engineering plat review fees; this lower fee should be more equitable to
small subdivisions. When the City established the initial engineering development review
fees in July we unintentionally omitted Development Plats, Replats, Vacating Plats,
Minor Plats Conveyance Plats, and Amending Plats; this fee amended includes fees for
those types of plats. Council's Audit Committee has expressed concerns about non-
payments or late payments of fees. The fee schedule amendment clearly sets forth
expectations concerning the timeliness of fee payment.
OPTIONS
1. Adopt as submitted.
2. Adopt with amendments.
3. Table.
RECOMMENDA TION
Staff recommends approval of the fee schedule amendments.
FISCAL INFORMATION
None of these amendments are expected to be significant fee generators.
EXHIBITS
Attachment 1. Fee Schedule
Attachment 2. Ordinance
Respectfully submitted:
~~
Kelly Carpenter, AICP
Planning and Development Director
ATTACHMENT 1
PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West - 221 N Elm - Denton, Texas 76201 phone,'(940) 349-8541 fax,' (940) 349-7707
www.cityofdenton.com
Development Review Fee Schedule
(Amended November 2005)
.
PLEASE READ THESE IMPORTANT NOTES
All fees must be paid:
D By close of business (5:00 p.m. on the Wednesday preceding the Planning and Zoning Commission meeting at
which the item will be considered
D By 10:00 a.m. on the Wednesday preceding the City Council meeting at which the item will be considered
D By the close of business (5:00 p.m.) on the Monday one week before the Zoning Board of Adjustment meeting
at which the item will be considered
Exceptions:
D The exception to the above requirement for fee payment is the fee for Engineering Inspection which must be
paid in full prior to the recordation of the plat
Failure to pay:
D Failure to pay will result in removal from scheduled agenda
Submittals and Resubmittals:
D For all planning submittals
The cost of reviewing the first resubmittal is included in the initial fee
D Second resubmittals:
For the third time and all subsequent resubmittals there will be a
$500 fee per resubmittal
# Type of Application Fee
Pre-Application Conference
1 Pre-Application Conference $250 (credited toward other fees)
Plat
2 For all Development Plat, Replat, Vacating Plat, Minor Plat, Conveyance $250 for initial and
Plata and Amending Plat one resubmillal engineering and planning review
3 Preliminary or Final Conveyance or Development Plat SF & 2F: $200 + $6 I lot
All Others: $200 + $10 I acre
4 Residential: <10 lots: $200 + $6 Ilot
Preliminary or Final Plat Residential: >10 lots: $300 + $10 Ilot
Nonresidential: $300 + $15 I acre
*5 Amending Final or Amending Preliminary Plat I Replat $250 (+ Notification Fees)
6 Minor Plats $300 + $6 I acre
7 Each additional review beyond the second review for all types of plats $250
8 Extension of Time for Plat $100
9 Vacation of Plat $250
10 General Development Plan $100 + $15 lacre
Gas Wells
11 Gas Well Plat $200 + $6 I acre
12 Amendment to a Gas Well Plat $250
13 Watershed Protection Permit $1,300 per well
14 Gas Well Inspection Fee $1,200 per well
15 Tree mitigation as required per 3 35.22.8.c.iii $125 per inch
Variances
16 Variance to Subdivision Regulations $250 per variance
*17 Board of Adjustment $250 per variance (+ Notification Fees)
PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West - 221 N Elm - Denton, Texas 76201 phone,'(940) 349-8541 fax,' (940) 349-7707
www.cityofdenton.com
Development Review Fee Schedule
(Amended November 2005)
.
Zoning & Land Use
18 $ 25 per zoning request per site
$ 25 per Certificate of Occupancy request per site
Zoning Verification Leller $ 25 per Subdivision request per site
$ 25 per Violation request per site
Fees are doubled if 24-hour response is requested.
*19 Annexation Petition $750 (+ Notification Fees)
*20 0-5 acres: $1,500
5 +- 25 acres: $2,000
Comprehensive Plan Amendment 25 +- 50 acres: $3,000
50 + acres: $4,000 + $10 I acre
(+ Notification Fees)
*21 0-5 acres: $850
5 +- 25 acres: $1,250
Zoning Change (includes PD Concept Plans) and Alternative Site Plan 25 +- 50 acres: $2,000
50 + acres: $2,000 + $10 I acre
(+ Notification Fees)
*22 Overlay District $250 (+ Notification Fees)
23 Specific Use Permit $1,500 + $65 I acre
*24 Amendment to Specific Use Permit $250 + additional $100 if processed administratively
(+ Notification Fees)
25 Extension of Time for Specific Use Permit $250
*26 Planned Development District: Detailed Site Plan $1,000 + $25 I acre (+ Notification Fees)
*27 Planned Development District Detailed Site Plan Minor Amendment $250 + additional $100 if processed administratively
(+ Notification Fees)
28 Planned Development District Detailed Site Plan Time Extension $250
*29 Special Exception requiring City Council action $500 (+ Notification Fees)
Site Plans
30 Non-Single-family Site Plan Review (including landscaping and architectural $0.03 per square foot of proposed building with a $50
review) Minimum and not to exceed $1,500
31 0-5 acres: $400
Alternative Development Plans (includes Alternative Landscape Plans) 5 +- 25 acres: $600
25 +- 50 acres: $1,000
50 + acres: $1,000 + $5 I acre
Miscellaneous Permits
32 Clearing and Grading Permit $100
33 Plan reviews other than those submilled as part of a plat $100
34 TXDOT permit and access location review $100 per driveway
Historic Landmark
*34 Historic Landmark Designation $65 (+ Notification Fees)
*35 Historic Conservation District $65 (+ Notification Fees)
Notification Fees
36 Notification Fees (signs. legal, advertising notices) (Charged for items with $220
asterisk (*)
Completeness Review
37 Completeness Review for all applications except Pre-Application $50 for each new submillal
(Does not apply to resubmillals once
an application is found to be complete)
Right-of-Way
38 Street I Alley I ROW Abandonment Request $100 Application Fee and $750 processing fee
39 Easement Abandonment Request $100 application and $500 processing
40 ROW Use Agreement Request $100 application and $750 processing fee
41 Easement Encroachment Agreement Request $100 application and $500 processing fee
42 $100 and $500 processing fee
Request for Easement on City Property
PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West - 221 N Elm - Denton, Texas 76201 phone,'(940) 349-8541 fax,' (940) 349-7707
www.cityofdenton.com
Development Review Fee Schedule
(Amended November 2005)
.
Tree Mitigation
43 Tree mitigation
Local Permit
$125 per inch
44 Local Permit
$250 (Returned or credited toward other fees if
approved)
Sale of Documents
45
Black and White Copies
8 % x 11 = $0.10 I copy
11 x 17 = $0.25 I copy
24 x 36 = $6 I copy
36 x 36 = $7 I copy
36 x 48 = $8 I copy
8 % x 11 = $5 I copy
11 x 17 = $10 I copy
24 x 36 = $12 I copy
36 x 36 = $14 I copy
36 x 48 = $16 I copy
$30 per hour ($30 minimum)
$200
46
Color Copies
47 Preparation of custom maps
48 Water - Sewer - Drainage map books
49 Preliminary PlanlPlat Review (includes initial review and one review of the $1100 $1,200 $1600 $2,000
re-submillal)
50 Each Additional Review with Developer on Preliminary PlanlPlat Review $500 $700 $900 $1,000
51 Final PlanlPlat Review (includes initial review and one review of the re- $1,900 $3,500 $5,500 $6,900
submillal)
52 Each Additional Review with Developer on Final Plan IPlat Review $500 $1000 $2000 $3000
53 CLOMR $2,700 $2,700 $2,700 $2,700
54 LOMR (Following CLOMR) $1,000 $1,000 $1,000 $1,000
55 LOMR (Without CLOMR) $2,700 $2,700 $2,700 $2,700
56 Each additional review $1,000 $1,000 $1,000 $1,000
57 TIA $2,200 $2,200 $2,200 $2,200
58 Plan reviews other than those submilled as part of a plat
59 Variances $250 $250
60 Building Permit Site Plan Review $1,300 $1,300
61 ClearinglGrading Permit Review $350
62 Engineering Preliminary Plat and Final Plat review for one and two lot $500
residential subdivision
S:\Our Documents\or~inance6\05\Development Review Fee Schedule.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF
FEES CONTAINED IN ORDINANCE 2005-237, BY ADOPTING A NEW PLANNING AND
DEVELOPMENT REVIEW FEE SCHEDULE, AS AUTHORIZED BY THE DENTON
DEVELOPMENT CODE; PROVIDING FORA REPEAL OF ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton has been presented with a new Planning
Development Review Fee Schedule, which is attached hereto and made a part hereof as Exhibit "A"
(the "Planning Fee Schedule"); and
WHEREAS, the City Council finds that the fees imposed by the PlanningFee Schedule are in
the public interest, and do not exceed the reasonable cost to the City in providing the review of the
applicable development applications; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The fmdings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance 2005-237 is hereby amended by the adoption of the Plarming Fee
Schedule for all purposes, and such fees are hereby authorized for the filing of applications, review,
approval, grant or issuance of plats, plans, permits, licenses, certificates, variances or designations
required by the Subdivision Rules and Regulations and Zoning Regulations set forth in the Denton
Development Code.
SECTION 3. This ordinance shall repeal every prior ordinance in conflict herewith, but only
insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the
ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative,
except as to such prior ordinances or portions thereof as are expressly repealed hereby.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such
remaining portions despite any such invalidity.
PAGE 1
EXHIBIT 2
S:\Our Documenta\Ordinancee\05\Development Review Fee Schedule.doc
SECTION 5. This ordinance shall become effective immediately after its passage and
approval.
PASSED AND APPROVED this the _ day of
. 2006.
EULINEBROCK,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
PAGE 2
PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West - 221 N Elm - Denton, Texas 76201 phone: (940) 349.8541 fax: (940) 349-7707
www.citvofdenton.com
Development Review Fee Schedule
(Amended November 2005)
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PLEASE READ THESE IMPORTANT NOTES
o All fees must be paid:
. By close of business (5:00 p.m. on the Wednesday preceding the Planning and Zoning Commission meeting at
which the item will be considered
. By 10:00 a.m. on the Wednesday preceding the City Council meeting at which the item will be considered
. By the close of business (5:00 p.m.) on the Monday one week before the Zoning Board of Adjustment meeting
at which the item will be considered
o Exceptions:
. The exception to the above requirement for fee payment is the fee for Engineering Inspection which must be
paid in full prior to the recordation of the plat
o Failure to pay:
. Failure to pay will result in removal from scheduled agenda
o Submittals and Resubmittals:
. For all planning submittals
i. The cost of reviewing the first resubmittal is included in the initial fee
. Second resubmittals:
i. For the third time and all subsequent resubmittals there will be a
$500 fee per resubmittal
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For all Development Plat, Replat, Vacating Plat, Minor Plat, Conveyance
Plata and Amending Plat
$250 for initial and
one resubmittaI engineering and planning review
SF & 2F: $200 + $6/lot
All Others: $200 + $10 I acre
Residential: <10 lots: $200 + $6/1ot
Residential: >10 lots: $300 + $10 Ilot
Nonresidential: $300 + $15 f acre
$250 (+ Notification Fees)
$300 + $6 I acre
$250
$100
$250
$100 + $15 lacre
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Preliminary or Final Conveyance or Development Plat
4
Preliminary or Final Plat
*5
6
7
8
9
10
Amending Final or Amending Preliminary Plat I Replat
Minor Plats
Each additional review beyond the second review for all types of plats
Extension of Time for Plat
Vacation of Plat
General Development Plan
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$200 + $6 I acre
Gas Well Plat
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13
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15
Amendment to a Gas Well Plat
Watershed Protection Permit
Gas Well Inspection Fee
Tree mitigation as required per S 35.22.8.c.iii
$250
$1,300 per well
$1,200 per well
$125 per inch
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Variance to Subdivision Regulations
Board of Adjustment
$250 per variance
$250 per variance (+ Notification Fees)
*17
PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West- 221 N Elm - Denton, Texas 76201 phone: (940) 349-8541 fax: (940) 349-7707
www.citvofdenton.com
Development Review Fee Schedule
(Amended November 2005)
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$ 25 per zoning request per site
$ 25 per Certificate of Occupancy request per site
$ 25 per Subdivision request per site
$ 25 per Violation request per site
Fees are doubled if 24-hour response is requested.
$750 (+ Notification Fees)
0-5 acres: $1,500
5 +- 25 acres: $2,000
25 +- 50 acres: $3,000
50 + acres: $4,000 + $101 acre
(+ Notification Fees)
o - 5 acres: $850
5 +- 25 acres: $1,250
25 +- 50 acres: $2,000
50 + acres: $2,000 + $101 acre
(+ Notification Fees)
$250 (+ Notification Fees)
$1,500 + $651 acre
$250 + additional $100 if processed administratively
(+ Notification Fees)
$250
$1,000 + $251 acre (+ Notification Fees)
$250 + additional $100 if processed administratively
(+ Notification Fees)
$250
$500 (+ Notification Fees)
Zoning Verification Letter
*19
*20
Annexation Petition
Comprehensive Plan Amendment
*21
Zoning Change (includes PD Concept Plans) and Alternative Site Plan
*22
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*24
Overlay District
Specific Use Permit
Amendment to Specific Use Permit
Extension of Time for SpecifiC Use Permit
Planned Development District: Detailed Site Plan
Planned Development District Detailed Site Plan Minor Amendment
Planned Development District Detailed Site Plan Time Extension
Special Exception requiring City Council action
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*29
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Non-Single-family Site Plan Review (including landscaping and architectural
review)
$0.03 per square foot of proposed building with a $50
Minimum and not to exceed $1,500
0-5 acres: $400
5 +- 25 acres: $600
25 +- 50 acres: $1,000
50 + acres: $1,000 + $5 1 acre
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Alternative Development Plans (includes Alternative Landscape Plans)
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$100 Application Fee and $750 processing fee
$100 application and $500 processing
$100 application and $750 processing fee
$100 application and $500 processing fee
$100 and $500 processing fee
Street I Alley I ROW Abandonment Request
Easement Abandonment Request
ROW Use Agreement Request
Easement Encroachment Agreement Request
Request for Easement on City Property
PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West - 221 N Elm - Denton, Texas 76201 phone: (940) 349-8541 fax; (940) 349.7707
www.citvofdenton.com
Development Review Fee Schedule
(Amended November 2005)
_ ~ ~. "" .J
~ :- 'r~~ '?
~ : "~ ::;:'.
.:: .n :p.. ~
c ~~:
&. "",..J
Color Copies
8 % x 11 = $0.10 / copy
11 x 17 = $0.25/ copy
24 x 36 = $6/ copy
36 x 36 ;;; $7 I copy
36 x 48 ;;; $8 / copy
8 % x 11 = $5 / copy
11 x 17 ;;; $10/ copy
24 x 36 = $12 / copy
36 x 36 ;;; $14/ copy
36 x 48 = $16 / copy
$30 per hour ($30 minimum)
$200
45
Black and White Copies
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47 Preparation of custom maps
48 Water - Sewer - Drainage map books
49 Preliminary Plan/Plat Review (includes initial review and one review of the
re.su bmittal)
50 Each Additional Review with Developer on Preliminary Plan/Plat Review
51 Final Plan/Plat Review (includes initial review and one review of the re.
submittal)
52 Each Additional Review with Developer on Final Plan IPlat Review
53 CLOMR
54 LOMR (Following CLOMR)
55 LOMR (Without CLOMR)
56 Each additional review
57 TIA
58 Plan reviews other than those submitted as part of a plat
$1100
$1,200
$1600
$2,000
$500
$1,900
$700
$3,500
$900
$5,500
$1,000
$6,900
59 Variances
60 Building Permit Site Plan Review
61 Clearing/Grading Permit Review
62 Engineering Preliminary Plat and Final Plat review for one and two lot
residential subdivision
$500 $1000 $2000 $3000
$2,700 $2,700 $2,700 $2,700
$1,000 $1,000 $1,000 $1,000
$2,700 $2,700 $2,700 $2,100
$1,000 $1,000 $1,000 $1,000
$2,200 $2,200 $2,200 $2,200
2% of the construction cost of the public improvement
or $500, whichever is greater
$250 $250
$1,300 $1,300
$350
$500
$250
$1,300
$250
$1,300
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17,2006
CM:
Planning and Development Diiiartment
Howard Martm, 349-8232' .
DEPARTMENT:
SUBJECT DCA05-0010: Tree preservation associated with gas well development, gas
pipeline installation, and fiber optic line installation.
Receive a report, hold a discussion, and give staff direction regarding Subchapter 13, Site Design
Standards, of the Development Code related to tree preservation requirements associated with
gas well development, gas pipeline installation, and fiber optic line installation.
BACKGROUND
Applicant: City of Denton, Texas
The City Council Committee on the Environment met on March 29, 2005 to discuss options for
code amendments to address tree preservation near gas wells, transmission lines, and fiber optic
lines. The City Council Tree Subcommittee met on November 21, 2005 to discuss these same
topics. Staff presented three options. The reason for pursuing such an amendment is that the
Council Committee on the Environment was concerned with the fairness of allowing the gas line
developers to not have to pursue any tree mitigation leaving the surface rights owner to be
responsible for all the tree mitigation at a later time.
This amendment would require 25% mitigation using exclusively the tree fund for every tree
removed from the pad site, transmission and/or fiber optic line easement. For example, if a gas
well impacts three acres of a ten-acre site with trees, the gas well development provides a tree
inventory for the three-acre portion of the site. The gas well development pays into the Tree
Fund for the caliper inches of trees removed on 25% of the three-acre site (0.75 acres) at the rate
of $125 per caliper inch. When the remaining seven acres of the ten-acre site is developed, the
land developer provides a tree inventory for the seven-acre portion of the site. Future
development on this seven-acre site preserves or mitigates 25% or 1.75 acres. The total ten-acre
site has accomplished 25% mitigation or preservation of trees, through joint efforts of the surface
property owner and the mineral rights owner.
PRIOR ACTION / REVIEW
March 29, 2005
October 12, 2005
October 26, 2005
November 21,2005
December 14,2005
City Council Committee on the Environment
Planning and Zoning Work Session
Planning and Zoning Work Session
City Council Tree Subcommittee
Planning and Zoning Public Hearing
OPTIONS
1. Adopt as submitted
2. Adopt with conditions
3. Deny
4. Postpone consideration
5. Table
RECOMMENDA TIONS
The Planning and Zoning Commission recommends approval, 7-0. The City Council Committee
on the Environment and the City Council Tree Subcommittee also recommend the adoption
amendment.
ATTACHMENTS
1. March 29,2005 staff report
2. March 29,2005 City Council Committee on the Environment meeting minutes
3. November 21,2005 City Council Tree Subcommittee meeting minutes
4. Planning and Zoning Commission minutes
5. Ordinance
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
AGENDA INFORMATION SHEET
TO:
Environment Committee Members
AGENDA DATE:
March 29,2005
ACM:
Howard Martin, Utilities 349-8232
SUBJECT
Receive a report and hold a discussion regarding information requested by the Environment
Committee concerning tree preservation requirements associated with gas well development, gas
pipelines installation and fiber optic line installation within the City of Denton.
BACKGROUND
During the January 31, 2005 Environment Committee meeting, staff was directed to investigate
alternative options related to tree preservation associated with the installation of gas wells, gas
transmission lines and fiber optic lines. As the installation of these types of development is non-
residential, current tree preservation regulations would require 25% of all the trees on the
effected property to be preserved. However these types of development typically do not remove
more than 75% of the trees on a given property, so the impact (or burden) for preservation falls
to the surface owner and also becomes a tracking issue for staff.
Staff has identified three options to address this issue:
1. Apply current regulations.
Advantages
. Same approach currently used for other non-residential developments.
Di sadvantages
. Problem defining the "property" - surface owner property or mineral lease
boundaries?
. Installation is linear and may only effect a small portion of the property, however, a
tree inventory for the entire property will need to be submitted by the applicant and
reviewed by staff.
. Surface owner bears the burden of the decisions made by mineral owner.
. In some cases, mineral owner could greatly influence the future development of the
surface by using up tree "allocation"
. Will be difficult to track.
. Will likely result in mineral right holder and/or fiber optic installer never having to
pay for tree preservation, unless they remove the only trees on the property or lease.
2. 100 percent replacement through mitigation funds or planting on site -
Advantages -
. Landowner is protected completely from tree preservation preventing future
development of property.
. Landowner starts with "fresh slate" when developing the land in the future
. No extensive tree tracking required for properties
. Encourages gas well industry to stay away from trees
Di sadvantages
. Concern is that this approach singles out mineral developers and installer of fiber
optic lines as "different" from other developers. (legally and politically viable?)
. Requires guidelines for planting on site. (must be as near as possible to the area where
trees are removed, must have property owners approval, may impact future
development. Who checks, how do we verify survival, etc...?)
. Allows for piecemeal approach to removing trees.
. May not work for certain properties ... must have enough non-treed land space to
mitigate
3. 25% mitigation through tree fund only, for every tree removed from pad sit or transmission
and/or fiber optic line easement
Advantages
. Similar to existing code (25%)
. Does not single out gas well development as an industry.
. Removes ambiguity associated with surface owner / mineral owner relationship.
. By requiring mitigation in the form of funds with no on-site mitigation and a "clean
slate" for the surface property owner, this approach minimizes the need to track tree
removal on the property. Tree removal is assessed when gas and/or fiber optic
development occurs, and is assessed again on remaining trees when future land
development occurs.
. Encourages applicants to not remove trees, but is not more restrictive than current
code
. Will minimize a mineral right holder being able to influence the future development
of land.
Di sadvantages
. May be perceived by gas well and fiber optic industry as inflexible.
. Does not result in as many on site trees, but does result in more money into the tree
fund, which may allow the city to purchase and set aside high quality tree stands.
. Surface owner will not have as many on-site trees (but will not be much different than
a full development scenario) ... may create a situation where the only trees on a
property are removed (this should be rare).
Example - 10-acre property completely covered in trees
Assumptions:
. Gas well impacts 3 acres (pad site, driveway, transmission line...)
. Future development meets preservation requirement.
Option 1 (Current regulations)
. Gas well development provides a tree inventory
. Gas well development is not required to mitigate tree loss
. Original tree inventory used at time of future development
. Future development preserves or mitigates 2.5 acres of trees (25% of original trees, but
35%::1: of remaining property)
Option 2 (100% mitigation for gas well development & current regulation on remaInIng
development)
. Gas well development provides a tree inventory on effected land (3 acres)
. Gas well development mitigates 100% of trees removed (3 acres)
. Future development provides a tree inventory on remaining 7 acres
. Future development preserves or mitigates 25% of remaining 7 acres = 1. 75 acres
. Total development preserves or mitigates 4.75 acres of trees (47.5% of all trees)
Option 3 (25% mitigation for gas well development & current regulation on remaInIng
development)
. Gas well development provides a tree inventory on effected land (3 acres)
. Gas well development mitigates (tree fund) 25% of trees removed (0.75 acres)
. Future development provides a tree inventory on remaining 7 acres
. Future development preserves or mitigates 25% of remaining 7 acres = 1. 75 acres
. Total development preserves or mitigates 2.5 acres of trees (25% of all trees)
RECOMMENDA TION:
Staff recommends amending the current tree preservation regulation to include Option 3. Option
3 has the same net results of the current regulations but distributes the requirements for
preservation evenly to all parties that remove trees. Option 3 also has the potential to generate
revenue for the tree fund. An account has been set up to receive these funds. Funds received in
this account will only be allocated for tree preservation activities, including acquisition of land,
tree planting, restoration activities, or similar.
Respectfully submitted:
Kenneth Banks
Division of Environmental Quality Mgr.
Larry Reichhart
Assistant Director of Planning and Development
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CITY OF DENTON ENVIRONMENT COMMITTEE MEETING MINUTES
March 29, 2005
After determining that a quorum of the Environment Committee of the City of Denton,
Texas was present, the Environment Committee convened into an Open Meeting on
Tuesday, March 29, 2005, at 12:30 p.m. in the Solid Waste Administration Building,
1527 South Mayhill Road, Denton, Texas.
PRESENT:
Mayor Euline Brock
Councilmember and Committee Chair Joe Mulroy
Councilmember Jack Thomson
EX OFFICIO MEMBERS
Howard Martin, ACM Utilities
Jim Coulter, Director of Water Utilities
Kenneth Banks, Water Resources Program Manager
Katherine Barnett, Utilities Special Project Coordinator
ALSO PRESENT: Kelly Carpenter, Director of Planning
Tim Fisher, Assistant Director Water Utilities
Larry Reichhart, Assistant Director of Planning
DeAnna Sanchez, Planner I
Tony Smith,
Dave W achal, Water Utilities Coordinator
Shirlene Sitton, Recycling Manager
Antonio Puente, Budget Coordinator
Dedra Ragland, Comprehensive Planning and Research Manager
The Environment Committee convened its Open Session at 12:40 p.m. Committee Chair,
Joe Mulroy, informed the Committee that there were six agenda items for consideration.
ITEMS FOR INDIVIDUAL CONSIDERATION:
1) Consider approval of the Environment Committee meeting minutes of:
(a) January 31, 2005
Minutes were approved as circulated.
2) Receive a report, hold a discussion and give staff direction regarding
information requested by the Environment Committee concerning producing
more timely and accurate GIS representation of gas well, pipeline pathways, and
pipeline sizes within the City of Denton.
DeAnna Sanchez gave a presentation on the above agenda item. This presentation
offered three options:
. Option 1:
Use Railroad Commission data only
Advantages:
Small expense for data ($600 per year, acquisition)
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Minimal employee time (1 day, 1 employee; per quarter)
No need to change existing City of Denton approach
One source of data - easy to track
Extends into Denton's ETJ
Di sadvantages:
Data are incomplete and may have substantial time lag
. Option 2:
Obtain information from pipeline / drilling companies when future
plats are filed / permits issued.
Advantages:
Will be more timely and inclusive than railroad
commission data
Disadvantages -Multiple sources of information, most likely in different
forms - difficult to track
-Relies on companies to supply this information and
assumes that the information is available. Some resistance
from the companies should be expected
-Will require additional employee time and effort.
Assuming complete compliance, it is estimated that
approximately 1-1.5 additional hours will be needed per
plat.
- Will require some code revisions to require this
information. Can we require this information on private
property easements? If so, how do we capture the
information?
-Problem with wells being drilled and shut in - how to
capture future pipeline information. Speculative pipeline
information may be submitted with the gas well plat permit,
but may change in the future.
- The information will end at the City limit line
- This approach does not solve the problem of PAST
pipelines and wells that exist but are not within our current
database or Railroad Commission database
. Option 3. Obtain information as in Option 2 and combine with reconstructed
past information
Advantages: Best approach for producing timely and inclusive data
Disadvantages -All of the disadvantages outlined in Option 2
-Information will still end at the corporate limits of the
City. May be able to partially offset this problem by
requiring information as a part of annexation, but no
guarantees on completeness.
-Information may be available from companies, but it will
be hard to identify and will likely be in a variety of
different formats
-Extensive research by City of Denton staff will be required
to reconstruct data through reviewing paper plats, ROW
easements, Fire Marshal's data, and other sources. Will
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require extensive digitization, and may take 6 to 9 months
of effort from a single employee.
Sanchez stated that staff recommends option 2.
Mulroy said that on the previous meeting's minutes page 2 line 35 it states that we want
to ultimately be responsible for our own maps. It would be a disservice to the city to
have the policy today less the full knowledge of where gas lines are buried. Mulroy
doesn't think we should embark on a policy that settles for anything less. He believes
that we should explore option 3. The negatives that are being experienced right now, the
railroad commission maps are anywhere from 6 months to 2 years behind. For us to
make a requirement of the gas companies is not overburdening or adding cost since most
of the companies have information in digital format. Mulroy asked if we have any permit
requirement for gas pipeline installation. Kelly Carpenter responded if it crosses the right
of way, yes we do. If it is on private property, she doesn't believe that we are requiring
permits. Kenneth Banks further added they are supposed to contact the Fire Marshal and
provide the information. The likelihood of 100% capture of this is slim.
Mulroy stated if we already require the information on the ROW, in theory we already
require the information to be submitted, approved and inspected by the Fire Marshall, we
just are not capturing it. We have the means to adjust out permit application fees to cover
our half of the equation going forward. Mulroy urges this committee not to settle for
anything less than the full identification of the gas lines within the city limits. Beyond
the city limits we have less control but we still have the basic information. Mulroy said
that in the last meeting that we requested for an analysis of taxing. Pete Kamp clarified
the differences between option 2 and option 3. Howard Martin stated that the main
concern for option 3 is our ability to reconstruct these pipelines. The GIS group has three
positions that have been identified for cuts. Ifwe are successful in implementing a fee to
cover employee expenses that could be an option. Mulroy stated that we would regret,
from a life safety aspect, not having the highest level of accuracy that we can achieve.
Action Items:
· Formalize the taxing report for ROW fees and renewal fees. In addition, how
do we track the renewal fees within the City of Denton.
· Ad Valorem Fees
3) Receive a report, hold a discussion and give staff direction regarding
information requested by the Environment Committee concerning tree
preservation requirements associated with gas well development, gas pipelines
installation and fiber optic line installation within the City of Denton.
Larry Reichhart stated that this item is a continuation from the last meeting. Staff has
identified three options that we could pursue.
. Option 1
Apply current regulations
Advantages:
- Same approach currently used for other non-residential
developments.
3
1 Disadvantages: - Problem defining the "property" - surface owner property
2 or mineral lease boundaries?
3 - Installation is linear and may only effect a small portion
4 of the property, however, a tree inventory for the entire
5 property will need to be submitted by the applicant and
6 reviewed by staff.
7 - Surface owner bears the burden of the decisions made by
8 mineral owner.
9 - In some cases, mineral owner could greatly influence the
10 future development of the surface by using up tree
11 "allocation"
12 - Will be difficult to track.
13 - Will likely result in mineral right holder and/or fiber optic
14 installer never having to pay for tree preservation, unless
15 they remove the only trees on the property or lease.
16
17 . Option 2 100 percent replacement through mitigation funds or planting on site -
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19 Advantages - - Landowner is protected completely from tree preservation
20 preventing future development of property.
21 - Landowner starts with "fresh slate" when developing the
22 land in the future
23 - No extensive tree tracking required for properties
24 - Encourages gas well industry to stay away from trees
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26 Disadvantages: - Concern is that this approach singles out mineral
27 developers and installer of fiber optic lines as "different"
28 from other developers. (legally and politically viable?)
29 - Requires guidelines for planting on site. (must be as near
30 as possible to the area where trees are removed, must have
31 property owners approval, may impact future development.
32 - Who checks, how do we verify survival, etc...?)
33 - Allows for piecemeal approach to removing trees.
34 May not work for certain properties ... must have enough
35 non-treed land space to mitigate
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38 . Option 3 25% mitigation through tree fund only, for every tree removed
39 from pad sit or transmission and/or fiber optic line easement
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41 Advantages: - Similar to existing code (25%)
42 - Does not single out gas well development as an industry.
43 - Removes ambiguity associated with surface owner /
44 mineral owner relationship.
45 - By requiring mitigation in the form of funds with no on-
46 site mitigation and a "clean slate" for the surface property
47 owner, this approach minimizes the need to track tree
48 removal on the property. Tree removal is assessed when
49 gas and/or fiber optic development occurs, and is assessed
50 again on remaining trees when future land development
51 occurs.
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- Encourages applicants to not remove trees, but is not
more restrictive than current code
- Will minimize a mineral right holder being able to
influence the future development of land.
Di sadvantages:
- May be perceived by gas well and fiber optic industry as
inflexible.
- Does not result in as many on site trees, but does result in
more money into the tree fund, which may allow the city to
purchase and set aside high quality tree stands.
- Surface owner will not have as many on-site trees (but
will not be much different than a full development
scenario) ... may create a situation where the only trees on a
property are removed (this should be rare).
Staff recommends amending the current tree preservation ordinance to include option 3.
This option is the cleanest, easiest to track, easiest to implement and would solve the
problem that we have discovered through the tree mitigation. Reichhart stated that they
would be taking it to P&Z for recommendation and then on to City Council. This would
also go through the tree subcommittee as well. Mulroy stated that option 3 is equitable
with what we have now. Ultimately we change behavior for routing of the gas pipelines.
Reichhart said that this puts the burden on the mineral owner and relieves the burden
from the surface owner.
Action Items:
· Implementation of option 3.
4) Receive a report, hold a discussion and provide staff direction concerning
Denton's 2005 update to the Water Conservation and Drought Contingency
Plan.
Tim Fisher had the presentation for the item with thanks to Dave Wachal for his help.
This is an update for the existing plan from December 1999. This plan identifies specific
goals from the water development board. There is an issue debating using population for
the gallons used per capita. Highland Park is higher on the usage, but their use patterns
per population are a lot different. Addison is higher but there is such a commuting
population from people going there to work. Denton has a commuting student population
but the commuting student population doesn't effect our per capita like the commuting
Dallas population. Denton sets favorable in this with respect to they are on the lower side
of the scale. This would have a bearing on what success of our prior Water Conservation
Plan has been. Tim added that the current thing that he would try and point out would be
prohibition of wasting water. This is a range of prohibition of watering during the
daylight hours during the summer; it would be a code violation to water from 10am to
6pm. During this time of the day, there is a lot of evaporative loss. Another would be
prohibition of running your sprinkler during periods of rain. Staff is not recommending
that we move into an implementation of code violations at this time. We would like to
propose that we ramp up our public education program for a two-year period.
Kamp asked if PUB thought this was being pursued in the right direction. Fisher
responded that they did. Mulroy asked what percentage of residential and commercial
client base has separate meters for irrigation. Fisher responded that it is rare to see
5
1 separate irrigation meters in residential areas. Mulroy stated that we might want up
2 explore other options on the commercial side. Fisher added that Dallas had what they
3 call a first notification, then they set a fine, double the fine - a progressive way. Martin
4 said that we may want to consider a five block increase instead of the current three block.
5 Fisher said that we did a rate study last year; we do those every five years. We have not
6 had a residential increase in 5 years. Martin said that we are finishing up on the
7 development of the document. Does this committee want to see the finished product
8 prior to going to council. Mulroy said that he would like to see a copy of the PUB
9 minutes when they are complete on this section.
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11 Action Items:
12 · Send PUB minutes for the water conservation document to the environment
13 committee.
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15 5) Receive a report, hold a discussion and give staff direction regarding draft
16 budget information to develop a Household Hazardous Waste ("HHW")
17 Collection and Reuse Center in the City of Denton.
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19 Shirlene Sitton presented this item. Household hazardous waste consists of common
20 household chemicals, such as cleaners, solvents, paints, stains and furniture strippers and
21 the like. We need a program on how to address these kinds of chemicals. We have
22 identified three options for this program. One is to join an area network, either based in
23 Dallas or Ft. Worth, and pay for the residents to use either of those disposal sites. A
24 second option is hold mobile collection events on a yearly basis, and contract for the
25 disposal or the collection and disposal of the products through one of the area networks.
26 The third is to establish a collection center in Denton, with the possibility of a reuse
27 aspect to save on disposal costs. Sitton asked for questions. Mulroy asked what is the
28 cost avoidance, what are we expending now that we could avoid with this facility? Sitton
29 stated that she is not sure because it would involve several different departments, but
30 would find out. Mulroy clarified the fee. Sitton said the fee is a flat fee. Martin asked
31 Kenneth Banks to elaborate of the Safety Kleen conversations. Banks stated that he met
32 with representatives of Safety Kleen a few weeks ago. He asked if they were willing to
33 participate, they said they were. They would accept any waste that they currently process
34 at the Denton facility and put into their waste stream free of charge to the City. They
35 would provide a truck that would come by a pickup facility or central storage area on an
36 at least once a week basis. They would transport the material for us as well. Mulroy
37 asked if this would be regional or city basis. Banks had not approached Safety Kleen on
38 a regional basis
39
40 Action Items:
41 · Identify cost avoidance benefit of collection recycling facility. (Landfill cost,
42 cleanup, illegal dumping)
43 ·
44 6) ACM Update
45 a. Miscellaneous Project Update
46 Surface rights vs. mineral rights
47 Green building update - Brock - the timeline is good
48 Green building fire station update
49 Discussions with Safety Kleen regarding household hazardous waste disposal
50 Information concerning ad valorum, royalties, and other funds from gas wells
51
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Citizen requests and concerns:
Martin talked about the length of time it takes to answer citizens' e-mails.
Closing items:
A date for the next meeting will be decided at a later date.
There being no further business to come before the Committee, the meeting was
adjourned at 2:00 p.m.
Joe Mulroy, Chairman
Howard Martin, ACM/Utilities
Kim Mankin, Administrative Assistant
7
DRAFT
MINUTES
CITY OF DENTON CITY COUNCIL
TREE COMMITTEE
November 21,2005
A Work Session of the City of Denton City Council Tree Committee was held on Tuesday, June
21, 2005 at 1:00 p.m. in the Council Work Session Room at City Hall 215 E. McKinney Street,
Denton, Texas.
Committee Members Present: Mark Burroughs, Perry McNeill, and Bob Montgomery.
Staff Members: Kelly Carpenter, Kenny Banks, Nona Muncie, Chuck Russell, and Ann
Forsythe.
Chair Burroughs called the meeting to order.
1. Consider approval of June 21, 2005 minutes.
Minutes were approved as circulated.
2. Receive a report, hold a discussion, and give staff direction concerning the City Council
Environment Committee's recommendation for tree preservation code amendments related to
gas well development, gas pipeline installation, and fiber optic line installation.
Kelly Carpenter stated that the Committee on Environment was concerned that regulations
concerning tree removal and mitigation under Tree Preservation are not clear, especially for
gas pipelines and fiber optics. Staff presented the option that would require 25% mitigation
of the pathway of the line where it ran through tree stems and the option that 25% mitigation
would not be replaced by trees on the site but would be replaced by putting funds into the
tree fund. The secondary problem was what kind of mitigation was then required of the
surface right owner who retained the rest of the land. The proposal was that property owners
would still have 25% mitigation requirement left on the remaining trees which, in the end,
results in a little bit less than a total of 25% mitigation on both parties. This has been heard
by several groups who have recommended approval. This committee is the last stop before it
would go to the City Council.
McNeill asked for clarification of to items on page 2:
"Will minimize a mineral right holder being able to influence the future development of land,
and "does not result in as many on site trees, but does result in more money into the tree
fund, which may allow the city to purchase and set aside high quality tree stands." What does
that mean?
Banks stated that the basic issue is that in the case of mineral rights vs. surface right, the
owner, in most cases, does not own the mineral rights. If we didn't have the ability to hold
the lessee (the gas well developer in this case) to some tree preservation requirement, the gas
well developer could say that I could mitigate on site using the surface owners trees to
mitigate for the trees that I am taking off and therefore, the surface owner at some point in
the future, would be faced with a potential of having a more onerous tree preservation.
2
Also, if we required 25% preservation from the gas well pad site, but that preservation is
mitigated by payment into the Tree Fund, that means that you fewer trees on that particular
site, but that there would be money in the tree fund to utilize further down the line. If you
are looking at a 10 acre site, and you have a 25% preservation requirement, and a gas well
comes in and, according to what we are proposing, cleared off 3 acres of the properties and
mitigated 25% of that by payment into the tree fund, then when that property gets developed
you would not have as many on-site trees.
McNeill: but the city as a whole would look at the inventory of the trees and it would be a
sub zero.
Banks Yes, the site itself might have fewer on-site trees, but the overall tree inventory would
be preserved.
Montgomery, if you handled the fund right the trees preserved may be the highest quality
standing.
Banks. That's correct. It's a disadvantage to the site itself but not a disadvantage to the
inventory itself.
Montgomery: When you get a pipeline easement, the trees are going to come down and you
put a pipeline in, what width does the easement have to be - 60 feet?
Banks: I believe that depends on the type of pipeline you are talking about.
Montgomery: Once that in there, they are not going to replant. Is natural vegetation allowed
to take back over or is that kept a clear lane all the way.
Banks: My understanding is that it depends on the type of transmission line, but in general,
they do not like to have large trees over those lines because if there's a problem in there, then
it obstructs them from being able to get there and react quickly. The problem with the
transmission line is that you can overlap many, many property owners during the course of
that line weaving its way through the city and in effect, this is the only way we believed that
we can be equitable among all the property owners and still pay respect to the tree fund.
Montgomery: We better work with the assumption it's going to a clear lane from now on.
Banks: I think that a pretty good assumption.
McNeill: There are some pipelines where they are allowed to grow back over?
Banks: Yes, it depends on the type of line you are talking about. If you are talking about a
gas line, they are not typically going to want large trees obstructing it.
Burroughs: Are the rules the same where the mineral and surface owners are not the same
person?
3
Banks: That's an interesting question. I don't know if we are going to encounter that very
much. In the case where that happens, I assume the surface owner would be able to
effectively argue that they have the ability to offset with their own particular trees. I don't
anticipate that we are going to see a lot of those in this particular zonage?
Carpenter: I don't think that amendment recognizes the difference in ownership. So they
would have to point it out and it would be a point of negotiation.
Burroughs: My sense is that the rules do need to be different because the surface estate
owner would have lots of options whereas the mineral estate owner has only one option. The
surface estate owner also can design the development of the surface to accommodate the
pipeline and maximize tree preservation. The point would be that we make sure that there is
no absolute preventative to say that if you do own both estates that there's an option that
might not be readily apparent but that we need to let somebody know so that they don't clear
cut and worry about money but allowing them to do more.
McNeill moved that the Committee recommend to the City Council option 3.
Seconded by Montgomery.
Montgomery: One more question. I know what the positive side is here. What's the down
side risk for the city for development? How can we put ourselves in a situation where we
didn't intend to be?
Banks: That's a good question. It's difficult to try to seek a definition because we have such
an unusual land use relationship. We have separability between surface and mineral. We've
got the mineral estate presuming the surface estate. You've got the ability to push tree
preservation requirements back onto the surface property owner. The only negative that I
can see is the potential concern from the gas well development industry in that they are being
held to this particular tree preservation requirement. It does protect the surface owner. It is
not any more onerous for the gas well folks than any other industry requirement. We've
done our homework on this to try and make sure that we anticipated all the potential
negatives on this. I can't tell you that something may not crop up.
Montgomery: If it crops up, then we'll address it then.
McNeill: The umbrella here is that we will catch it in the quarterly review. We have the
opportunity to readdress that. This will be part of the quarterly review.
Burroughs: Installation of fiber optics is exempt?
Carpenter: If the installation is a public utility and part of the master plan, then you are
exempt from the tree litigation requirement. So, if we were zoning our fiber optic as part of
the Capital Improvement Program, then we would be exempt, the County would be exempt
on it as well.
4
Chair called for a vote, all in favor. Passed unanimously
3. Receive the Citizens Tree Subcommittee's October 2005 supplemental final reports on the
implementation of the Tree Preservation Ordinance.
Carpenter: Mr. Chairman, in your packet you have a June 23, 2005 Citizen Tree
Committee report. You will remember that you asked them to have a 6-month period of
operation and report back to you. You set up the subcommittee to report back to you and
the subcommittee was unable to reach consensus. You have two supplemental reports,
one from John Cooper and one from Pati Haworth. I would like to have Nona Muncie
give you an overview of the reports and I believe that one member of the subcommittee
has been honest.
Muncie: To briefly summarize John Cooper's report, new trees will be planted after a
development is completed, according to certain standards, spacings, and species. Pati
Haworth is in attendance and is available to answer questions on her report.
McNeill: The citizen's report goes back the Environmental Committee for review, right?
Muncie: That's what we're looking for, staff is asking for direction. We have the
Citizens Tree Committee's report and two subcommittee supplemental reports. Do we
take these three reports to the full Councilor to the Environment Committee?
McNeill: Mr. Chairman, I would suggest that it go to the Environment Committee.
Chair: There's no question but to provide that additional element of review because the
more minds that pour over it, the more it's discussed openly, the more creativity there
will be. It's been my sense that the nature of this Committee is to marry elements of the
technical votes and to bring in the policy. I think it would be much better to have the
Environmental Committee review the technical side. Our role would be, I think, to
review the boiled down version of what everyone thinks should be recommended, how it
marries into existing code requirements as well as the policy making objectives of the
Council.
Montgomery: The last time I talk to John Cooper he's convinced we have over
engineered this ordinance. He thinks we've made it more complicated than it needs to
be. I am standing there on the parking lot listening to this and not taking notes, so I don't
really have any idea what exactly he's talking about. So, if we can get him back
involved in this, I would appreciate it, and get him on record.
McNeill: I think that's really what we are suggesting. I would be in favor in forwarding
both of these reports to the Environment Committee, and then review at a work session.
Burroughs: You get the whole picture and then policy would be our role. With that
direction, you have enough direction from us to take it forward from here?
Muncie: It is my understanding that staff will present these three reports to the
Environment Committee and that the full 7 members of the Citizens Tree Subcommittee
5
will be asked to attend, to be available to answer questions. Would you like for it to be
scheduled as soon as possible with the Environment Committee?
Burroughs: I would think very quickly because we need to strike while it's foremost in
people's minds. This stuff has a tendency to start fading, so I think it would be much
better to have it sooner than later.
McNeill: They will need to make a recommendation to Council, on any changes, based
upon the report from the Citizens Committee; and, based upon what Council Member
Montgomery indicated they would recommend in terms of changes to the current tree
ordinance.
Burroughs: Once the Environment Committee identifies proposed revisions, then staff
would work up some kind of code provision on what the recommendations from that
committee would be. Would we then want to review what those recommendations are?
McNeill: We can do that, or the Environment Committee could do that prior to sending
it on to Council.
Haworth: So, if we want to keep the Committee together and keep involved, what is the
status of the committee?
McNeill: I think that one of the things the Council is looking for from the Environment
Committee was the recommendation about the establishment of a Citizens Tree
Committee much as we have done other committees, to advise.
Burroughs: One of the recommendations that we made was to have a Citizens committee
established with a primary goal to identify stands of trees to acquire through the tree
fund. There are historic trees in this city. There's one in front of the Cumberland
Children's Home that is the largest bodark tree in the County and its enormous, it's
beautiful, and it should be designated as historic by somebody. These are functions that
a citizens tree committee can and should be performing which we recommended.
McNeill: This Committee did recommend to Council that we form that. I think that's in
Council's ballpark to formally establish that Citizens Committee. They need to report to
the Advisory Committee.
Burroughs: And that's a good point. The Environment Committee was not functioning
for a while. It was also this Committee's recommendation that the Environment
Committee be reconstituted and functioning.
Montgomery: Did you all meet with the Environment Committee any time? That might
be a marriage worth recommending.
McNeill: That's what we are suggesting. That we direct staff to call the Citizens Tree
Committee back together to have a work session where they can make these reports to
that Committee. They can recommend to Council any additional changes that need to
occur in the tree ordinance.
6
Haworth: I was wondering the order in which this should be done.
McNeill: We want the existing Tree Committee to make their report to the Environment
Committee because you are the ones who wrote this report. You are the ones who made
this recommendation. That's who needs to make an appearance at the work session, not
the new one.
Carpenter: Could I offer, Mr. Chairman, that we have staff present the June 218t
Committee report to the Environment Committee and then invite the individual members,
Ms. Haworth and Mr. Cooper to come and present a summary of their reports?
Burroughs: Other comments from the folks in attendance on this particular topic?
Montgomery: (To citizen in attendance) You are here to talk about trees?
Cynthia Nichols: Yes, I'm Cynthia Nichols and I'm here with some of my neighbors
who live in Oaks of Montecito. Weare on the very back street that backs up to 77 acres
that belong to Acme Brick. We have been informed that Acme Brick will sell the 77
acres to the Lexington Park addition owned by Ashton Woods. It is currently zoned as
NR-2 now which if fine. They would build large homes and would have to two
entrances and two exits to meet fire codes. One of these entrances would be off of Ryan
Road and will be helped by the city park that is being proposed by Bob Tickner. We are
not very happy about that because we were hoping they would have to build their own
entrance and their own bridge. Anyway, the city park that Bob Tickner is overseeing
would give an entrance with a locked gate where the Fire Department could come in and
go out if there is a fire. If they would all have keys, I don't know. Anyway, we don't
want a rezoning to happen. We don't want it be an NR-4 because they would go in with
their bobcats and cut all these trees down. We know that the city has come up with a
50% ordinance where you cannot cut all the trees down. But I know that these people
who own the property wouldn't come out there and protect all the trees our properties
back up to. So we just wondered where do we go to get some help to save these trees? I
have a talked to Lori Shelton, a man named Ray Hardin and Nona Muncie. So I am now
wondering if I should go call the Mayor and Pete Kamp, to prevent this rezoning from
occurnng.
McNeill: Those are planning and zoning issues, which have to go through Planning and
Zoning. That's not part of the Environment Committee.
Nichols: Ijust wanted your help.
McNeill: You've got to go through the process to do that. For that to be zoned from
NR-2 to NR-4, it would have to go through Planning and Zoning. And then it would
have to come to Council.
Nichlols: Okay there are very few people that would be against that. According to my
understanding you have to be 200 feet from the property line. Well, on the west side of
this property line is a greenbelt. So, nobody lives there. On the north side is going to be
7
your city park, which nobody lives there. On the east, it's just going to be the housing
addition that already being built and so they are probably not going to oppose this.
Montgomery: That's 500 feet.
Burroughs: Let's clarify with the staff about trees and how they relate to zomng.
Residential under this ordinance, whether it's NR-2 or NR-4, how's that affect it.
Carpenter: I just want to caution us before we go to far down this path that this item is
not on the agenda. So, let me answer your question directly and tell you that the purview
that this committee would have would be limited to the tree preservation ordinance and
the sections that are in contention. The Planning Department has met with Acme and
talked to people in the neighborhood. If I could offer Mr. Chairman, the Panning
Department would be very happy to facilitate a meeting together or separately with both
the neighborhood and Acme. I know we have talked to both of them already and would
be happy to make a report back to you at your next meeting.
Chair: I don't think it's necessary to report back to us, but I think a report being prepared
that would be distributed to Council would be helpful. The key element of what you said
is that it's not the Tree Preservation ordinance that would apply.
Carpenter: The tree preservation could also apply. I think we've got three ordinances
working; the zoning, habitat (that is 50% preservation), and then there would be tree
preservation, which would come in as well. But I think that the other two are going to be
more substantial in their effect than the tree preservation part of it. The more stringent
regulation applies.
Chair: So, as I remember adjusting from NR-2 vs. NR-4 is not an issue. It's whether it
is residential or not?
McNeill: That's correct.
Chair: So, it doesn't change. When a plat comes in, the entire 77 acres is residential
whether it's zoned NR-4 from NR-2. When we talk about the tree preservation
ordinance, it's not impacted from that.
Carpenter: That's correct and the same with the upland habitat except when you get to
multiple family. But, the lot coverage is affected by the zoning.
Chair: The lot coverage and zoning are the key issues. And the Planning and Zoning
Commission and Council.
Montgomery; Let me reassure her, this is a process. First, it has to sell; second, a new
plan will have to drawn. Notices will be posted, the mailing will go out. There will be
signs on the property saying "Notice, Public Hearing Zoning." The whole thing is a
procedure. You don't just step up and buy a ticket. If it works right, and it generally
does, it's not whom you know but who presents the most intelligent argument. It will go
8
to Planning and Zoning. They will make their decision, and they will pass it on to us.
Until all that's done, we do nothing.
Chair: The only other thing I can think that would involve our Committee at all is if
there money now in the Tree Fund?
Muncie: Yes, $13,000.
Chair: Which isn't much. You can't buy too many acres with that. But the point would
be that IF there were significant funds in the tree fund, the other option would be to
attempt to purchase a portion. Your prime interest is, if I understood it from our
conversation, is that there is a stand of trees right next to the property line and so, if we
had a tree fund, there would be a possibility of approaching the tree fund to try and
acquire some portion of that.
McNeill: They don't have to buy the whole property. The Tree Fund could purchase.
You've got tree credits and a tree conservation area, which means you couldn't cut trees
down anyway. That's all you're interested in.
Nichols: Yes sir. I would like to see it as a greenbelt.
McNeill: There's a process for that.
Nichols: I understand. I just wanted to come and tell you all that we are very concerned
about this. As you know, Denton only has trees. We don't have mountains, we don't
have oceans. We have nothing but trees, okay. I was born here and now there are very
few trees.
McNeill: And there are more trees here than when you were born.
Nichols: Well, they are very small trees. I'm not going to live to see them 75 years from
now. The trees I'm concerned about are unbelievable. I know you all have not walked
out there, but we have and we see bobcats walking around our backyards. It's full of
wild life and those oaks are just going to be torn down if I don't do something to help
them.
Montgomery: Everything you are saying is a part of the mix. There are people sitting
here who feel exactly the same way you do. We just have to find a middle ground
between what's legal and reasonable, and developable and what needs to be preserved.
There are people in the city who say it's a renewable resource, cut it down, it will go
back. There are people who say a hackberry is a monumental tree or mesquites are
perfectly desirable. So, it's not easy, but we will get it fixed.
Chair: The main thrust of the Tree Preservation ordinance has been to put pressure on
the development community to want to choose to preserve this stand of trees rather than
knocking them and planting.
Nichols: But the trees they are planting do not live that long. They die.
9
Chair: That's right. There are many reasons why new trees are not as good as the stands
of trees that exist now. So that is why we put in a provision of the trees preservation
ordinance that didn't exist before.
Nichols: So, Mark what we need to do is wait and keep in touch with Lori Shelton?
Montgomery: What you're doing is exactly the right thing. Stay on top of it and don't
get surprised.
Nichols: So, do we talk to the Council?
McNeill: There's nothing to talk about at Council because it's not on the agenda.
Nichols: So, we need to wait for that.
Chair: Watch the Planning and Zoning agenda and watch the property. They will put a
sign up saying "Zoning Change in Process." And if you are within 500 feet you will get
a notice of some sort. So, there are multiple levels that you can keep up with.
Nichols: What would be the likelihood that they did try to rezone it, we could stop that?
Chair: On a 77 acre of property there are numerous ways they could lay it out.
Nichols: I have it here.
Chair: If that does not accomplish the purpose that the Tree Preservation ordinance and
the zoning regulations, and if it's not harmonious, then we need to look at what they are
proposing as not consistent with what the city has determined.
McNeill: Ultimately, the property owner has some rights. And if you don't want to see
that occur, then the other harsh reality is that you've got to buy it so he doesn't do that.
Citizen: I was intrigued by your thought about looking into purchasing the tract?
Chair: At this moment there is no Citizens Committee to recommend tree stands for
acquisition. But right now there's only $13,000 in the account. That could be leveraged
with other monies from other sources to acquire conservation usage and maybe some
kind of deal could be proposed, but it would be nice to know how much more money
would be involved.
Carpenter: Mr. Chairman, we can put him in contact with a number of sources for that
purpose, but not in the City of Denton. That's been done all over the country and even in
Texas.
Chair: Any other comments.
Citizen: When's the next P&Z?
Carpenter: The P&Z will hold a public hearing on December 14th at 6:30 p.m.
Chair: That's for the gas line portion not for this. Any other questions?
Meeting adjourned at 1:52 p.m.
10
ATTACHMENT 4
CondenseIt™
Page 3
1 PROCEEDINGS 1 located on the west side of PM 2181 at the northeast
2 COMMISSIONER SlRANGE: Good evening, ladies 2 corner of Bay Meadow Drive and Prescott Downs Drive. The
3 and gentlemen. It's 6:30 and we will convene the December 3 property is in a Neighborhood Residential 4 zoning
4 14th meeting of the Planning and Zoning Commission. And I 4 district.
5 would ask that you join us in the pledge to the flag. 5 The purpose of the replat is to revise a
6 (Thereupon, the Pledges of A.lkgiance were 6 single lot into three residential lots. This application
7 recited.) 7 was reviewed pursuant to the regulations of the
8 COMMISSIONER STRANGE: I'll make this 8 Development Code. The property is located within a
9 general announcement at this point. We do have several 9 Neighborhood Center future land use area of the Denton
10 public hearings tonight. And it is our practice here that 10 Plan. The final plat is consistent with the Denton Plan.
11 if you wish to speak on any items that are on the public 11 The plat meets the minimum requirements and the
12 hearing list that you will have filled out a card that you 12 Development Review Committee recommends approval, if you
13 will find outside the chamber here and submit that card to 13 have any questions.
14 the front and then when the appropriate item comes up on 14 COMMISSIONER SlRANGE: Any questions of
15 the Agenda, you will have the opportunity to come forward 15 staff? Mr. Roy.
16 and speak either for or against. So, again, if you wish 16 COMMISSIONER ROY, SO this was one large
17 to speak, be sure to fill out a card and get it to the 17 lot at one time?
18 front. 18 MS. SHELTON: Yes. On the original plat it
19 The next item on the Agenda is the approval 19 was shown as a drainage easement specifically public
20 of the minutes of the November 9th, 2005 ma:t:ing. Do we 20 drainage and detention and that arrangements have been
21 have a motion? 21 made at another location.
22 COMMISSIONER WATKINS: Move approval. 22 COMMISSIONER ROY: SO it was a detention
23 COMMISSIONER STRANGE: Do we have a second? 23 site?
24 COMMISSIONER THIBODEAUX: second. 24 MS. SHELTON: originally, yes, sir.
25 COMMISSIONER SlRANGE: We have a motion by 25 COMMISSIONER ROY: okay. Thank you.
Page 2 Page 4
1 Mr. Watkins and a second by Dr. Thibodeaux. Is there any I MS. SHELTON: vh-huh.
2 discussion? Please, vote. Motion passes 7-{). 2 COMMISSIONER STRANGE: Any other questions
3 The Consent Agenda tonight was presented 3 of staff? Thank you, Ms. Shelton.
4 tonight to the Commission in a Work Session. And each 4 We'll open the public hearing. Is the
5 Commissioner had an opportunity to bring forth any 5 applicant here and do they wish to speak? Do we have
6 questions they've had. And those items will not be 6 any-
7 discussed in this open meeting. So do we have a motion on 7 My name is Casey Ross. I work for Doughty
8 the Consent Agenda? 8 Anderson and Associates, 5225 Village Creek Drive in
9 COMMISSIONER HOLT: I'll move approval. 9 PIano. And I'm here to answer any questions that you guys
10 COMMISSIONER STRANGE: Do we have a second? 10 may have.
11 COMMISSIONER WATKINS: second 11 COMMISSIONER SlRANGE: Thank you very much.
12 COMMISSIONER STRANGE: Thank you. We have 12 We have no cards on this item so we'll close the public
13 a motion by Mrs. Holt, and a second by Mr. Watkins. Any 13 hearing. Do we have a motion?
14 discussion? Please, vote. 14 COMMISSIONER HOLT: I move approval.
15 COMMISSIONER HOLT: I goofed. I want to 15 COMMISSIONER SlRANGE: Do we have a second?
16 change my vote. I punched the wrong button by mistake. 16 COMMISSIONER ROY: second.
17 COMMISSIONER SlRANGE: okay. The Board is 17 COMMISSIONER STRANGE: we have a motion by
18 going to show that the vote is 6 to 1 with Mrs. Holt 18 Ms. Holt, and a second by Mr. Roy. Please, vote. Motion
19 voting no, but since she was part of the motion, she did 19 passes 7-0.
20 vote yes, so the actual vote should be 7-{). 20 Next public hearing is an amendment to the
21 COMMISSIONER SlRANGE: We will now start 21 Development Code related to adding registered professional
22 with our frrst public hearing which is a fmal plat of 22 land surveyors to the qualifIed professionals allowed to
23 Lots 15R., I6R and l7R, Block G, being a replat of Lot 8XR, 23 submit tree inventories. Mrs. Muncie.
24 Block G of Lexington Park, Phase One. Ms. Shelton. 24 MS. MUNCIE: Good evening. With the
25 MS. SHELTON; This 0.67 acre site is 25 adoption of our Tree Preservation Regulations, a tree
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 1 - Page 4
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Page 5 Page 7
1 inventory prepared under the supervision of a qualified 1 trees, the gas well development provides a tree inventory
2 professional must be submitted with a preliminary plat or 2 for the thn:e-acre portion of this site. The gas well
3 building permit. 3 development pays into the tree fund for the cahber inches
4 For the purposes of tree preservation 4 of trees removed on 25 percent of the thn:e-acre site at a
5 provisions of the Denton Development Code a qualified 5 rate of $125.00 per caliber inch. When the seven acres of
6 professional is a person with a Bachelor of Science degree 6 1his ten-acre site is developed, the land developer
7 in Forestry, Horticulture, Botany, Plant or Soil Science 7 provides a tree inventory for the seven-acre portion of
8 or an ISA certified Arboris!, a Texas Certified or Texas 8 1his site. Future development on 1his seven-acre site
9 Master's Certified Nursery Professional or Professional 9 preserves or mitigates 25 percent. 'The total ten-acre
10 Landscape Architect. Based on our two workshop 10 site has accomplished 25 percent mitigation or
11 discussions, staff recommends approval of adding 11 preservation of the trees through the joint efforts of the
12 registered professional land surveyors that have completed 12 property owner and the mineral rights owner.
13 eight hours of documented training in Texas tree 13 Based on the two City Council Subcommittee
14 identification to the list of qualified professionals 14 discussions and two P & Z Work Session discussions, staff
15 allowed to submit tree inventories. I will take 15 recommends amending the current tree preservation
16 questions. 16 regulations to require 25 percent mitigation to the tree
17 COMMISSIONER STRANGE: No questions. Thank 17 fund for every tree removed from all pad sites,
18 you, Ms. Muncie. This is a public hearing. We will open 18 transmission lines, and fiber optic line easements.
19 the public hearing. Is there anyone here who wishes to 19 Ultimately, this proposal has the ability to change the
20 speak on this item? We'll close the public hearing. Do 20 behavior for routing transmission lines through the City
21 we have a motion? Mr. Roy. 21 of Denton by considering the value of existing trees in
22 COMMISSIONER ROY: I move approval of Item 22 the early planning stages of gas well development. I will
23 SA as outlined by staff. 23 take questions.
24 COMMISSIONER WATKINS: second. 24 COMMISSIONER STRANGE: Thank you, Ms.
25 COMMISSIONER STRANGE: We have a motion by 25 Muncie.
Page 6 Page 8
1 Mr. Roy and a second by Mr. Watkins. Any discussion? 1 MS. MUNCIE: Thank you.
2 Please, vote. Vote passes 7-0. 2 COMMISSIONER STRANGE: This is a public
3 Next item is an amendment to the 3 hearing. We'll now open the public hearing. Do we have
4 Development Code related to tree preservation and 4 anyone who wishes to speak on this item? We've got a lot
5 mitigation as related to gas well development, gas 5 of talkative people tonight. Seeing no one who wishes to
6 pipeline installation and fiber optic line installation. 6 speak, we'll close the public bearing and do we have a
7 Mrs. Muncie. 7 motion? Mr. Roy.
8 MS. MUNCIE: The City Council Committee on 8 COMMISSIONER ROY: Ijust want to mention
9 the Environment met on March 29th to discuss three options 9 the number of reviews. It sounds like to the public that
10 for Code Amendments to address tree preservation near gas 10 we haven't talked about this much and we are making a
11 wells, transmission lines and fiber optic lines. The City 11 quick decision. We are not. We really worked this one to
12 Council Tree Subcommittee met on November 21st to discuss 12 death. I just will say once again that I believe that
13 these same topics. 13 this is a good solution, but I don't think it's going to
14 The Environment Committee, the City Council 14 impact the routing of gas lines or fiber optic lines one
15 Tree Subcommittee and staff all agree on recommending an 15 iota, but regardless of that, it's a reasonable solution
16 amendment to require 25 percent mitigation to the tree 16 and I move approval of Item 58.
17 fund for every tree removed from the pad site, 17 COMMISSIONER HOLT: second.
18 transmission line or fiber optic line easement. The 18 COMMISSIONER STRANGE: We have a motion by
19 Environment Committee is concerned with the fairness of 19 Mr. Roy and a second by Mrs. Holt. Any discussion? Being
20 the gas well developers not being held responsible for 20 none, please, vote. Motion passes 7-0.
21 tree mitigation and leaving the surface right owner 21 Next item is the rezoning of approximately
22 responsible for all of the tree mitigation at a later 22 0.729 acres from Neighborhood Residential Mixed Use
23 date. 23 NRMU-12 zoning District to a Neighborhood Residential
24 An example for this amendment would be if a 24 Mixed Use Zoning District with an overlay. The property
25 gas well impacts three acres of a ten-acre site with 25 is located at the northwest comer of Westway and Anna.
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 5 - Page 8
AGENDA INFORMATION SHEET
AGENDA DATE: January 17,2006
DEPARTMENT: Fire/Building Inspections
ACM:
Jon Fortune
II
SUBJECT
Receive a report, hold a discussion and give staff direction regarding updating the International
Building Codes, International Fire Code, National Electric Code, and Energy Conservation
Code.
BACKGROUND
The "International Codes" were introduced to provide a model code with national consistency.
The International model codes consist of: International Residential Code; International Building
Code; International Mechanical Code; International Fuel Gas Code; International Plumbing
Code; International Fire Code. The International Codes are intended to provide regulations that
safeguard public health and safety in all communities.
Because the codes are designed to be national, local amendments are required to meet the needs
of local jurisdictions. The North Texas Regional Council of Governments has participated in the
development of local regional amendments. Several of these amendments are found in each of
the codes that are proposed for adoption.
In an effort to provide consistency, the 2000 International Codes were first adopted by the City
of Denton in February of 2002. Prior to the adoption of the 2000 International Codes, the City of
Denton, like most other cities in the Metroplex, had adopted the Uniform Codes. The "2003
International Codes" have since been introduced after a lengthy review process through the
International Code Council, (ICC). Changes to the International Codes are brought about by new
technology and events that have occurred throughout the nation. The majority of the changes are
related to health and safety.
Staffs from Building Inspections and the Fire Department have performed a comprehensive local
review of these changes. In addition, Staff has had several meetings with the Committee on the
Environment regarding possible code changes to increase energy efficiency in new buildings.
Following these meetings the Committee supported the proposed changes.
City staff met with members of the building community in January and November of 2005.
These meetings provided information to the building community about the proposed changes to
International Codes and especially the proposed local amendments. These meetings also allowed
the building community to provide input regarding the changes. In cooperation between the
building community and the City of Denton, staff proposed to increase amendments to the
Page 1 of2
energy efficiency of new residential and commercial buildings. Following these meetings the
building community communicated support for the proposed adoption.
The purpose of the International Codes is to establish the minimum requirements to safeguard
the public health, safety and general welfare through structural strength, means of egress
facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to
life and property from fire and other hazards attributed to the built environment.
Due to the number of changes and the technical nature of the changes, they have not been listed
in the body of this document. However, they are attached in a PowerPoint format as attachments
so the City Council may ask for further details and explanations at the work session on January
17, 2006. Changes between the 2000 International Codes and 2003 International Codes are
listed in the attached exhibits.
PRIOR ACTIONIREVIEW
The Construction Advisory and Appeals Board recommended approval of the proposals in July
of 2005. The Energy Code was brought before the Committee on the Environment in August and
October of 2005. The Committee on the Environment recommended approval. The building
community reviewed proposals and voiced their support.
FISCAL INFORMATION
There is no fiscal impact with the adoption of the proposed codes.
Prepared by:
:to ~ ". ~
~
Ross Chadwick
Fire Department
Attachments:
1. Major Code Changes Reflected in the 2003 International Codes in PowerPoint format
Part 1: International Residential Code
Part 2: International Building Code
Part 3: International Mechanical Code
Part 4: International Fuel Gas Code
Part 5: International Plumbing code
2. Chapter 29: Fire Code Changes in PowerPoint format
3. ICC changes from the 2000 International Codes v 2003 International Codes
4. Proposed Ordinance adopting the 2003 International Building Codes
5. Proposed Ordinance adopting the 2003 International Fire Code
6. Proposed Ordinance adopting 2005 National Electric Code
7. Proposed Ordinance adopting the 2003 International Energy Conservation Code
Page 2 of2
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International Building Code
Code Section
Section Title Change
2003 2000
101.3 101.3 Intent Indicates that a reasonable level of safety must be provided for fire fighters
and other
............ ...
106.2 106.2 Site Title change.
i Requires details related to flood hazard areas to be indicated on the sile
109.3.3 109.3.3 Lowest floor level Indicates that the optimal time to document the elevation of a structure's
lowest floor.
~.
302.1.1 302.1.1 Incidental use areas Identifies the options that are available to the designer when a building
contains a use that is listed in Table 302.1.1. Clarifies the classification of
Table 302.1.1 Table 302. idental use areas incidental use areas.
~~._. ~
302.2 302.2 Identifies when .
use areas are
302.3 302.3 Mixed
....... Editorial changes reformat the section for clarification.
302.3.1 302.3.2 uses
Table 302.3.3 Table 302.3.3 Required Separation of Revises items in the table and footnotes to the table.
(Hours)"
303.1 303.1 . Group A Clarifies when an is classified as an ' group.
-~-~-
308 308 Institutional Group I Provides I~M' '~~n to clarify the classifications of Group I
402.7.3 NEW Anchor building separation New establishes the type of separation that is necessary between
anchor buildings and the covered mall building.
402.14.4 402.14.4 Plastics other than foam
plastics Indicates foam plastic used in signs must comply with the applicable
402.14.5 402.14.5 Foam plastics provisions.
._-_.._._-~
402.14.5.1 402.14.5.1 Density
404.1.1 404.1.1 Definition The word "level" was deleted to clarify the definition of "Atrium."
404.5 404.5 Enclosure of atriums Establishes to the atrium
406.3.2 406.3.2 Definitions Revises the definition of "Open parking structure."
406.3.4 406.3.4 Uses
406.3.5 406.3.5 Area and height Establishes open parking garage requirements and introduces new code
-~ regulations.
406.3.5.1 406.3.5.1 Single use
406.6.1 406.6.1 General
406.6.2 406.6.2 Mixed uses Title change ~ 406.6.2.
406.6.3 406.6.3 Ventilation Establishes a Group S-1 classification, which includes minor repair areas of a
"service station." Revises floor surface provisions. Coordinates provisions
406.6.4 406.6.4 Floor surface with the International Mechanical Code@(IMC@).
406.6.5 406.6.5 Heating equipment
410.2 410.2 Definitions Revises the definition of "Stage." Replaces the word "spectator" with the word
"assembly".
410.3.1.1 NEW Stage height and area New language indicating the dimensional considerations for stages.
Automatic sprinkler system Title change.
504.2 504.2 Revises language to be consistent with terminology of the code, and provides
increase cross references to other
506.2.1 506.2.1 Width limits that buildings which have unlimited area at 60 feet may have
additional area calculations between 30 and 60 feet.
506.3 506.3 ' Automatic sprinkler system Adds language to correlate with Equations 5-1 and 5-2.
increase
506.4 NEW Area determination Provides new I~nno '~~n for ., J the area of a building.
Fire-resistance Rating
Table 601 Table 601 Requirements For Building I Footnote indicates when FRTW is permitted in Type I and II construction.
Elements (hours) i
3105.2
NEW
Definition
The definition of "Retractable
is added.
3109.5
NEW
Entrapment avoidance
. New section establishes requirements to reduce the possibility of evisceration,
and hair
3407.2
NEW
Flood hazard areas
. .~~._~~. .. ..... .~
Code Section
i Section Title Change
2003 2000
---- -- . .~.
404.5 404.5 Enclosure of atriums Addresses glass block used as an opening protective and its installation
2110.1.1 2110.1.1 Limitations requirements.
.. ~ ~---~
704.3 704.3 Buildings on the same lot Does not regulate the walls of a two-story court as if it were the same as an
exterior wall that faces a lot line.
705.1 705.1 General
~._~~ ~- Replaces the word "property" with "lot"' in the fire~wall provisions.
910.3.3 910.3.3 Vent locations
706.1 706.1 General Identifies that the section is to all fire barriers.
-
707.4 707.4 Fire-resistance rating ~~~~
706.1 706.1 General Title change 706.3.1 and 706.3.2.
706.3.1 706.3.1 Shaft enclosures Indicates the method of computing the number of stories connected and that
the wall of the shaft (the fire barrier) provides the separation, and not the
706.3.2 706.3.2 Exit enclosures shaft itself.
1005.3.2 1005.3.2 Enclosures
711.32 710.3.1.1 Access doors Focuses on the to test and label the access doors.
712.3.2 711.3.2 Membrane Includes additional fire-resistance-rated membrane
I Indicates void spaces must be protected to prevent the interior passage of
Exterior curtain wall/floor fire. Establishes that only the opening between the floor assembly and the
713.4 712.4 intersection exterior curtain wall be sealed in the plane of the floor assembly and the
exterior curtain wall be sealed in the plane of the floor to maintain the
I fire-resistance rating of the floor to the exterior wall.
715.2 NEW F i re-resista nce-ra t ed Indicates label and test provisions for glazing.
glazing
Door assemblies in Title change.
715.3.3 714.2.3 corridors and smoke
barriers Maintains consistency in code language.
715.4.2 NEW Nonsymmetrical glazing Indicates the test requirements to establish the fire-protection rating of
systems nonsymmetrical glazing. --
715.4.9 714.3.9 Labeling requirements Indicates label and test provisions for glazing.
716.5.3.1 715.5.3.1 Penetrations of shaft Identifies exceptions to fire and smoke damper requirements.
enclosures
716.6~1 715.6.1 Through penetrations Establishes exceptions to fire damper provisions.
716.6.2 715.6.2 Membrane penetrations Includes exhaust duct in a dwelling u,iit u,
717.2.6 716.2.6 Architectural trim Identifies fireblocking exceptions that clarify three-story one-and two- family
are not covered in the scope of the IBC.
Denotes pipe insulation and duct and pipe coverings and linings in plenums
719.1 718.1 General must comply with the IMC. Replaces the words "breather paper" with the
terminology "vapor-permeable membranes."
909.11 909.11 Power systems Identifies the type of separation and enclosure (i.e., fire barrier) to protect
the ~<u, .~v fo'V,"V' and
1403.6 1403.6 Flood resistance Adds treatments that meet the intent of"
1407.1 1407.1 General Recognizes the use of steel skins as well as aluminum skins.
2
1407.9
1407.11.1
1407.11.1.1
1407.11.1.2
1407.11.2 I
1407.11.2.2
1407.12
1407.10.4
1509.5
1509.5.1
2603.4
2603.8
2603.7
Surface-burning
characteristics
Installations up to 40 feet
in
1407.10.1.1
Fire separation distance
of 5 feet or less
Fire separation distance
than 5 feet
1407.10.2.2
1407.11
1407.9.4
V construction
Full-scale tests
Towers, spires, domes
and
1509.5
Title change - 1407.10.1.1
Simplifies the requirements for aluminum composite materials (ACM)
1509.5.1
Removes the thickness limit on the ACM for
Allows rooftop architectural embellishments of reasonable height to be
on IV and V construction.
rooftop architectural embellishments of reasonable height (less than
feet) and size (less than 100 square feet) to be supported on Type III, IV
V construction.
2603.4
2603.7
Thermal barrier
NEW
Plenums
1002.1 1002.1 Definitions
1005.2 1003.2.3.1 Door encroachment
1003.2 1003.2.4 Ceiling height
1008.1.8.4 1003.3.1.8.1 Bolt locks
1009.11 1003.3.3.11 Handrails
1019.1 1005.3.2 Enclosures required
1007.3 1003.2.13.2 Enclosed exit stairways
1007.8.2 NEW Exterior exit stairway
1007.8.3 1007.8.3 Identification
1008.1.8 NEW Door operation
1008.1.8.1 NEW Hardware
1008.1.8.3 1003.3.1.8 Locks and latches
1008.1.8.4 1003.3.1.8.1 Bolt locks
1008.1.8.5 NEW Unlatching
1008.1.8.6 1003.3.1.8.2 Delayed egress locks
1008.1.8.2 1003.3.1.8.3 Hardware height
1008.1.8.7 1003.3.1.8.4 Stairway doors
1015.1 1004.2.4 Travel distance limitations
1013.4.1 1004.3.1.1 Groups Band M
Table Table Corridor Fire-Resistance
1016.1 1004.3.2.1 I Rating
Adds large-scale fire test NFPA 286 to address the fire performance of
interior finish.
Indicates foam plastic insulation must only be used as wall or ceiling interior
finish in plenums or in any other compartment when the applicable
exceptions are met.
Change
new format subdivides Chapter 10 into 25 sections versus the previous nine
The intent is to make the provisions for a given topic easier to locate.
content is in the same order to a smooth transition.
Added definition of "Scissor stair" and "Winders."
Title change -105.3.2.
Establishes that the protection and means of egress specified for dwelling
units are also applicable to sleeping units.
Title change 1003.2.13.2.
Establishes that the unenclosed exit stair can be considered part of an
accessible means of
Indicates that exterior areas of rescue assistance must have the same
identification as interior areas of refuge. Any stairs leading from the exterior
area of rescue assistance must be 48 inches clear between handrails.
Sections dealing with door operation renumbered and grouped. Identifies
additional door hardware requirements.
Title change.
States how travel distance is addressed for open exit stairs and exit access
stairs,
Title change.
Regulates aisle width based on the load served.
Group R occupancy has a reduction for corridors in sprinklered buildings to
1/2-hour rating.
3
1016.5
.1022.1
10222
1022.3
1022.4
1022.5
1022.6
1024.1
1024.1.1
1002
1011.1
1013.4
1024.9
Table
1024.10.1
Table 1607.1
3401.1
1024.4
1007.1
1024.5.1
1024.14.2
1005.3.6.3
1005.3.6.4
1005.3.6.5
NEW
NEW
1002
1003.2.10.1
1004.3.1
1008.7
Table
1008.8.1
Table 1607.1
3401.1
1008.3
1003.2.13
1008.4.1
1008.12.2
Corridor
Exterior exit
Location
Exterior
General
Bleachers
Definitions
Where
Aisles
Assembly aisles are
Smoke-Protected
Grandstand Assembly
Aisles and
Accessways Uniformly
Distributed Live Loads and
Minimum Concentrated
Live Loads
Enclosure of balcony
Sight-constrained guard
heights
1025.1 1009.1 General
202 202 Definitions
308 308 Institutional Group I
319 319 Residential
Group R
Chapter 11 Chapter 11 Accessibility
Chapter 11 Chapter 11 Accessibility
3409 3408 Accessibility for Existing
Buildings
Appendix E
1102.1
1108.2
4
Appendix E
1102.1
1107.2
Supplementary
Accessibility Requirements
Definitions
Assembly area seating
(and all subsections)
Deletes
2
Tille change 1005.3.6.
Includes ramps as exterior exil elements and systems
Revised definition "Bleachers," "Folding," and Telescopic seating,"
"Grandstands'"
Deleted definitions for "Footboards," "Open air seating grandstands and
bleachers," and "Reviewing stands." Correlates the provisions with a proposed
ANSI standard for bleacher.
as A-1
change 1003.2.13.
Coordinates mezzanines in assembly spaces with accessible means of
egress requirements.
Coordinates with bleacher safety provisions.
Indicates that where a basement contains a bedroom, one emergency egress
and rescue opening is required in the bedroom, but an additional opening is
not required in other habitable spaces in the basement. Establishes that
basements without habitable spaces are exempt from emergency escape
requirements.
A series of code changes was proposed in the 2000 code change cycle as a
response to the Department of Housing and Urban Development's (HUD)
comparison of the 2000 IBC and the Fair Housing Act (FHA). The resulting
model code requirements are recognized by HUD as providing "safe harbor"
for compliance with FHA requirements. The main areas addressed by these
changes included defining the terms associated with accessible residences
(i.e., dwelling units and sleeping units) and revising scoping requirements to
include facilities in which people live where the accommodations are not
necessarily "dwelling units" (e.g., dormitories, boarding houses, assisted living
centers, extended-stay hotels, shelters, etc.).
Chapter 11 of the 2000 IBC was developed utilizing the Proposed Rule for a
New Americans with Disabilities Act Accessibility Guidelines (ADAAG) and
Architectural Barriers Act (ABA) Accessibility Guidelines, November 16,1999
as part of the criteria. A Draft Final ADAAG and ABA was published on April
2, 2002. A series of code changes was proposed as part of the last code
change cycle for coordination with this document. Some of the items included
were: expanded entrance criteria; expanded requirements and applications for
platform lifts; new requirements for detention and correction facilities;
clarification of requirements for operable parts; and new and updated
requirements for assembly seating criteria. The goal is to have the
requirements in the new ADAAG and the 2003 IBC as coordinated as
possible.
Requirements for assembly seating areas were extensively revised. The term
"Multi-level assembly seating" was added to clarify that separate rows or tiers
did not constitute separate levels. New requirements for boxes, integration,
companion seating and designated aisle seats were added for coordination
with the new ADAAG. The "cluster" requirements were deleted in favor of
dispersion requirements that will be in ICC/ANSI A 117.1-2003.
3409.3
3408.3
Change of occupancy
.
Minimum requirements for accessibility in existing buildings undergoing a
"change of occupancy" were esta~lished This is especially important when
only a portion of a building is being altered. An accessible route must be
provided into and throughout the space as a minimum.
Section Title
2003
202 efinitions
1602 1602 Definitions
1603.1.4 1603.1.4 Wind data
1603.1.4 Earthquake design data
Table 1604.3 Table 1604.3 Deflection Limits
Minimum Uniformly
Table 1607.1 Table 1607.1 Distributed Live Loads and
Minimum Concentrated
Live Loads
1607.10 1607.10 Distribution of floor loads
1607.11.1 1607.11.1 Distribution of roof loads
1609
1609
Chapter 35
1614.1
1614.2
Chapter 35
1614.1
1614.2
1614.3
1614.3
Table
1615.1.2(1 )
Table
1615.1.2(1)
Table
1615.1.2(2)
Table
1615.1.2(2)
1615.2.5
1615.25
1616.3
1616.3
1616.5
1616.6
1616.5
1616.6
Wind Loads
General
Soil Lateral Load
Design and construction
Flood hazard
documentation
Referenced Standards
Scope
Change of occupancy
Alterations
Values of Site Coefficient
F a as a Function of Site
Class AMD Mapped
Spectral Response
Acceleration at Short
Periods (Ss)a
Values of Site Coefficient
Fv as a Function of Site
Class AMD Mapped
Spectral Response
Acceleration at 1 - Second
Periods (Ss)a
Design spectral response
coefficients
Determination of seismic
design category
I Analysis procedures
Change
a definition for "unit
Revises the definitions for clarification in terminology (eg, "Flexible
diaphragm", "Dead loads" and "Loads").
Provides consistency between the wind and seismic information required on
construction documents and indicates additional information that must be on
the construction documents.
Includes a footnote that indicates one uses twice the length of the cantilever to
calculate the deflection limit for a cantilever member. Includes a footnote that
indicates the deflection requirements for sunroom additions constructed of
aluminum structural and sandwich
Revises Items 16, 27 and 28 regarding garages, residential and grandstands,
and provides consistency with the requirements in referenced standard ASCE
7.
Clarifies the live load reduction requirements, and provides consistency with
the in referenced standard ASCE 7.
Includes loads on
for roof live loads.
Revises the simplified provisions and coordinates with ASCE 7-02. Clarifies
and establishes wind pressure provisions. Establishes that foundations are
covered by the scope and that the weight of the foundations and soil above
them must be included in dead loads for anchorage against overturning, uplift
and sliding calculations. Indicates that the simplified provisions of Section
1609.6 require an exposure category to be determined for each wind direction
and the most restrictive must be
Indicates active and at-rest pressures for retaining and basement walls.
Establishes the flood hazard-resistant construction standard for one- and
two-family dwellings to use in special flood hazard areas. Deletes the
terminology "certification" and "certify" with the requirement for an analysis to
be performed and sealed by a registered design professional.
Establishes that the seismic provisions of ASCE 7 are an acceptable
alternative. Provides conditions that are consistent with ASCE 7. Allows
incidental and minor repairs and alterations without requiring complete
upgrades to be consistent with other code language as long as unsafe
conditions are not created or existing hazardous conditions are not made
more severe.
Provides a value for Type E soil, and indicates exceptions for liquefiable soils.
Establishes the guidance used for determining the parameters Sos and SOl
when utilizing a
Provides an exception to determine applicable seismic values. This reduces to
seismic design category for many buildings located in the area east of the
Mountains.
I Indicates the partial provisions that must be met in ASCE 7.
5
1617
Earthquate Loads- .
Miinimum Design Lateral
Force and Related Effects
1617
1618
Dynamic Analysis
Procedure
1618
16191
1619.1
1620
Earthquate Loads-Design,
Detailing Requirements
and Structural Component
Load Effects
Architectural, Mechanical
Electrical Component
Seismic Design
1620
1621
1621
1622
1622
1623.1
1623.1
Design requirements
Table 1704.5.1 Table 1704.5.1 Level 1
Table 1704.5.3 Table 1704.5.3 Level 2
1707.3 1707.3 Structural wood
1707.6 1707.6 Architectural components
1708.1 1708.1 Masonry
Empirically designed
1708.1.1 1708.1.1 masonry and glass unit
masonry in nonessential
facilities
Empirically designed
1708.1.2 1708.1.2 masonry and glass unit
masonry in essential
facilities
1708.1.3 1708.1.3 Engineered masonry in
nonessential facilities
1708.1.4 1708.1.4 Engineered masonry in
essential facilities
Table 1708.1.2 Table 1708.1.2 Level 1 Quality Assurance
Table 1708.1.4 Table 1708.1.4 Level 2 Quality Assurance
Design value
1715.1.4 1715.1.4 modifications for joist
hangers
1802.3.2 1802.3.2 Expansive soils
1805.2.1 1805.2.1 Frost protection
Revised to indicate partial provisions that must be met in ASCE 7. Deleted the
equivalent lateral force analysis procedure in 1617.4 Provides consistency in
the terminology used throughout the code and revises the structure of the'
organization of the sections for clarification. Includes values for prestressed
Provides with NEHRP Recommended Provisions.
Deleted the details for the dynamic analysis method in favor of a reference to
the ASCE 7
References ASCE 7
for soil-structure interaction effects.
Includes provisions that are consistent with ASCE 7 and NEHRP
Recommended Provisions.
Indicates the partial provisions that must be met in ASCE 7. Deleted the
detailed design provisions.
Revises the format of this section, and indicates the partial provisions that
must be met in ASCE 7. Deleted the detailed design provisions.
Indicates the partial provisions that must be met in ASCE 7. Deleted the
detailed
Revised special inspections for masonry to be consistent with the latest
masonry standards.
Establishes an exception for wood sheathing used for shear walls, shear
panels, and diaphragms that carry nominal shear forces by not requiring
inspections based upon certain spacing of the nails, screws, or
used to attach the to the structural
Provides exceptions for the special inspection of interior and exterior
architectural
Provides a clarification in code terminology and identifies quality assurance
and special inspection provisions.
Indicates load duration values.
Includes a reference to ASTM D 4829 that determines the expansion index of
soils.
Added reference to the ASCE 32 regarding frost-protected shallow
foundations.
Footings Supporting Walls
Table 1805.4.2 Table 1805.4.2 of Light-Frame Revised the table entries regarding the required footing thickness. Deleted the
Construction a,b,c,d table entries regarding the required thickness of a foundation wall.
1806
1808.2.8.3
1808.2.8.3.1
1610.2
1808.2.8.3
1808.2.8.3.1
Retaining Walls
Load tests
Load test evaluation
6
Relocated
wall
to be a
Revised the acceptance criteria for pile load tests.
202 202 Definitions
I t
1803.6 NEW Controlled low-strength
material
1805.1 1805.1 General
.. Provides provisions for using controlled low-strength materials as backfill.
1805.7.3 1805.7.3 Backfill
..
1805.8.3 1805.8.3 Removal of soil
I t-
1803.2 1803.2 Placement of backfill
1805.9 1805.9 Seismic
Provides clarification for the term "pile cap." Establishes pile cap connection
1808 1807 Pier and Pile Foundations requirements Provides consistency with NEHRP Recommended Provisions.
Establishes a provision to limit the damage to batter pile-to-pile cap
connections.
1808.2.23.2 1807.2.23.2 Seismic Design Category Provides ACI 318 and one- and two-family dwelling exceptions.
I D, E or F
1809.2.3.2.1 1808.2.3.2.1 Design in Seismic Design
C
1809.2.3.2.2 1808.2.3.2.2 Design in Seismic Design
D, E or F
Reinforcement in Seismic Provides consistency with NEHRP Recommended Provisions.
1810.1.2.1 1809.1.2.1 Design C
, ----
1810.1.2.2 1809.1.2.2 Reinforcement in Seismic
Design ~ E or F
Chapter 19 Chapter 19 Concrete for concrete.
1903.8 NEW Glass fiber reinforced
concrete Establishes a provision to assure the quality of glass fiber reinforced concrete
Chapter 35 Chapter 35 Referenced Standards
1908 NEW Modifications to ACI 318 The modifications were revised to be consistent with ACI 318-02.
1910.2.4 1910.2.4 Special reinforcement
concrete shear walls
Se i sm ic- force-res isti ng provisions for concrete shear walls.
1910.4.1 1910.4.1 systems
1913 1913 Anchorage to Concrete- Referenced the anchor design requirements in Appendix D of ACI 318-02 and
Strength Design deleted the detailed design method from the IBC.
1405.5 1405.5 Anchored masonry veneer
1405.9 1405.9 Adhered masonry veneer
Design Coefficients and
Table 1617.6.2 Table 1617.6 Factors For Basic Revises and updates masonry veneer regulations. Provides consistency with
Seismic-F orce- . ACI 530.lIASCE 6/TMS 602. .
Resisting Systems
Table 1704.5.1 Table 1708.1.1 Level 1 Special Inspection
Table 1704.5.3 Table 1708.1.2 Level 2 Special Inspection
2104.3 2104.3 Cold weather construction
2104.4 2104.4 Hot weather construction Revised cold and hot weather masonry construction requirements.
2106.1 2106.1 Seismic design Provides consistency with NEHRP Recommended Provisions.
requirements for masonry
2106.1.1.3 2106.1.1.5 Special prestressed Title change.
masonry shear walls Indicates provisions for special prestressed masonry.
Masonry walls not part of Title change.
2106.3.1 2106.3.1 the lateral-force-resisting Establishes that it applies to Seismic Design Category B and higher.
system
2108 2108 Strength Design of The detailed design procedure was deleted in favor of referencing
Masonry ACI 530/ASCE 5/TMS 402.
2111 2111 Masonry Fireplaces Provides with the International OO,,~~OO,
~vuv \,,,,,,).
Chapter 22 Chapter 22 Steel Completely reformatted
2207.2 2207.2 Seismic requirements for Provides consistency with ASCE 19.
steel cable
2211 2211 Cold-Forced Steel Establishes installation provisions for cold-formed steel framing.
Light-Framed Shear Walls I
7
Table 2305.3.3 Table 2305.3.3
2305.372 NEW
Table Table
2305.3 7.2 2305.3.7.2
2303.7 NEW
2304.3.3 NEW
2305.3.8 2305.3.8
2306.3 2 2306.3.2
2303.2
2303.2
Fire-retardant -trea ted
wood
Perforated shear walls
Shear Resistance
Reformats the code section for clarification.
Provides consistency with NEHRP Recommended Provisions and adds a
footnote to include an ratio
Title change Table 2305.372.
Provides consislency with NEHRP Recommended Provisions.
Includes provisions for the shrinkage of wood members.
Provides consistency with NEHRP Recommended Provisions. Expands the
Summing shear capacities in the for shear walls.
Wood structural panel
Allowable Shear in
Pounds Per Foot for
Horizontal Blocked
Diaphragms Utilizing
Multiple Rows of
Fasteners (High Load
Diaphragms) With
Framing of Douglas Fir,
Larch or Southern Pine for
Wind or Seismic Loading
Fiberboard shear walls
Bracing
Allowable Shear Values
(plf) for Wind or Seismic
Loading on Vertical
Diaphragms of Fiberboard
Sheathing Board
Construction For Type V
Construction Only"' b. c, d. e,
f, g, h,
Table 2306.3.2 Table 2306.4.1
2306.4.4
2308.9.3
Table
2308.9.3(4 )
2308.8.2.1
Figure
2308.9.3
2308.11.2
2404.2
2405.4
2405.5
2610.1
2407.1
2408
2508.5
Table 2508.5
2306.4.4
2308.9.3
Table
2308.9.3(4 )
2308.8.2.1
NEW
2404.2
2405.4
NEW
2610.1
2407.1
2408
NEW
NEW
Engineered wood
products
Basic Components of the
Lateral Bracing System
Concrete or masonry
Sloped glass
Framing
Unit skylights
Light-transmitting plastic
glazing of skylight
assemblies
Materials
Glazing in Athletic
Facilities
Horizontal gypsum board
diaphragm ceilings
Shear Capacity for Wood
Framed Gypsum Board
Diaphragm Ceiling
Assemblies
Title change - 2306.4.1
Establishes high-load diaphragm regulations.
Indicates the shear resislance values for vertical panels that may be used for
horizontally applied wall panels.
Indicates that engineered wood products must be installed without cuts,
notches and holes unless considered in the
Added new figure for the conventional light-frame construction lateral bracing
system.
Added exceptions for masonry veneer located in Seismic Design Categories B
and C.
Includes sloped glazing and unit skylight regulations.
Deletes ANSI Z97.1 for glass in handrails and guards.
Includes glazing regulations for athletic facilities. Provides consistency with
CPSC 16 CFR 1201 for Category II glazing.
Allows gypsum board to be installed as a horizontal diaphragm ceiling
membrane.
Update to 2003: International Building Code published by Intemational Code Council, Inc. Professional
Development Services . 4051 West Flossmoor Road . Country Club Hills, IL 60478-5795 . U.S.A.
Phone (800) 214-4321 . Fax (708) 799-2651 . http://www.iccsafe.org/training . Copyright July 2003
8
101.2
101.3
102.1
102.4
104.2.1
104.2.1.1
104.11
105.2
106.1
. 106.6
Section Title
Scope
Intent
General
Referenced codes
and standards
Preliminary meeting
Building evaluation
Alternative materials,
designs and
methods of
construction and
equi ment
Work exempt from
permit
Submittal documents
Design professional
in responsible
charge
An existing building is defined as a building erected prior to the due date of the adoption of the
appropriate code or one for which a legal building permit has been issued.
The code is intended to provide regulations that address the public health, safety and welfare in
existin construction.
Where there is conflict between a general requirement and a specific requirement, the specific
re uirernent shall be applicable.
While a model code becomes law when it is adopted by a jurisdiction, a standard only becomes
enforceable when it is referenced in a model code.
This section mandates that the code official meet with the permit applicant if the applicant
requests such a meetin and the work is not a repair or Level 1 alteration.
The code official is authorized to request an investigation and evaluation of the existing building
by a registered designed professional to determine the existence of any potential
nonconformance with the code.
The code official is expected to apply sound technical judgment in accepting materials, systems
or methods that can be demonstrated to offer equivalent performance.
Permits are not required for work as listed in Section 105.2. Even though a permit is not
required, any work that is done must not violate the provisions of the IEBC or other laws or
ordinances of the jurisdiction.
The design of building construction is required to be performed by a registered design
professional in accordance with the laws of the state where the work takes place. Compliance
with pertinent state licensing laws is clearly essential; however, in some specific circumstances,
the code requires documentation of a design by a registered design professional regardless of
what is required b the state law.
This section establishes a design professional as the individual who will oversee the
coordination of all design-related documents for construction.
This chapter sets forth conditions and types of work rather than occupancies. Chapter 3 of the IEBC is classified as repair, alteration-Level
1, alteration-Level 2, alteration-Level 3, addition, change of occupancy, relocated or moved buildings and historic buildings.
403.2
407.1.1.1
407.1.1.2
Glazing in
hazardous locations
Evaluation and
design procedures
IBC level seismic
forces
The IBC or the International Residential Code@ (IRC@) must be used to determine hazardous
locations with re ards to replacement lazing.
Seismic evaluation and design of an existing building shall be based on the procedures
specified in one of four reference materials:
1.IBC
2. GSREB (Appendix A)
3. ASCE 31
4. FEMA 356
When seismic forces are required to meet the IBC level, they shall be based upon 100
percent of the values in the IBC or FEMA 356.
407.1.1.3 Reduced IBC level When seismic forces are permitted to meet reduced IBC levels, they shall be based on 75
seismi.c forces percent of IBC values, GSREB, ASCE 31 or FEMA 356
Substantial Buildings that have sustained substantial structural damage are required to have an
4073.2 structural damage engineering evaluation and analysis. which delermines the structural adequacy of the
building.
506.1,
606.1,
706.1
506.1.8,
606.3
506.2
507.2.1
General
Dwelling or
sleeping units
Alterations
affecting an area
containing a
primary function
Replacement of
roofing or
equipment
Any building facility or element that is altered (whether Level 1 , Level 2 or Level 3) shall comply with
the accessibility provisions in Section 506, in Chapter 11 of the IBC and ICC A 117.1 unless
technically infeasible.
Where Group 1-1,1-2,1-3, R-1, R-2 or R-4 dwelling units or sleeping units are being altered or
added, the requirements for accessible or Type A units in Section 1107 of the IBC and accessible
alarms in Chapter 9 of the IBC only apply to the quantity of spaces being altered/added. Type B
dwelling units are not required to be provided in existing build in s and facilities.
If the alteration affects the accessibility to the function, the route to the primary function area shall
also be accessible, including toilet facilities and drinking fountains.
The cost of providing the accessible route is not required to exceed 20 percent of the costs of the
alterations affecting the primary function area.
Buildings undergoing a replacement of roofing or equipment that results in additional dead loads
must comply with the vertical load requirements of the IBC if the stress and the additional dead load
is increased by more than 5 percent.
601 .2
603.2
603.2.2
604.2
604.3
6044
605.2
605.3
Alteration Level 1
compliance
Vertical openings
Supplemental shaft and
floor opening enclosure
requirements
Automatic sprinkler
systems
Standpipes
Fire alarm and
detection
General
Number of Exits
In addition to the requirements identified in Chapter 6, all work shall comply with the Level
1 alteration requirements in Cha ter 5.
All interior vertical openings connecting two or more stories are required to be enclosed
with 1-hour fire barriers.
This section requires all openings (except stairways) throughout the floor to be enclosed
when the work area exceeds 50 percent of the floor area.
The requirement for a work area to have sprinklers is primarily dependent on two main
factors:
1. The work area is required to be provided with automatic sprinkler protection
in accordance with the IBC as applicable to new construction.
2. The building has sufficient municipal water supply available to the floor
without installation of a new fire pump. Sprinkler systems are required to be
installed in accordance with the IBC.
Standpipes are required when the work area includes exits or corridors shared by more
than one tenant and i++s located more than 50 feet (15 240mm) above or below the
lowest level of fire department access. Standpipes are required to be installed in
accordance with the IBC.
Fire alarm systems are required to be installed in work areas of Group E, 1-2, 1-3, R-1, 1-1
residential carelassisted living, R-2 apartments and R-4 residential carelassisted living
facilities. Individual sleeping units and dwelling units in work areas of Group R-1, R-2, R-3,
R-4 or 1-1 shall be equipped with smoke alarms.
Means of egress are required to comply with the requirements of Section 605 unless they
are considered compliant under the code which the building was constructed and do not
constitute a distinct hazard to life.
Buildings complying with anyone of the requirements listed in Section 605.3.1.1 are
permitted to have only one exit. Buildings that are required to have more than one exit can
have an existing or new fire escape constitute one of the means of egress, provided the
requirements in Sections 605.3.1.2.1 through 605.3.1.2.3 are satisfied.
Dead-end corridors in any work area shall not exceed 35 feet (10 668 mm). Exceptions:
1 Other than Groups A + H; existing dead end; fire alarm systems 50 feel
(15240 mm)
605.6 Dead-end corridors 2 Other than Groups A + H; existing dead-end; fully sprinklered - 70 feet
(21 336 mm)
3 Other than Groups A + H; existing, new or extended dead-end;
sprinklered floor - 50 feet (15 240 mm)
All required exit stairs with three or more risers shall be provided with at least one handrail
605.9 Handrails All exit stairways with a required width of more than 66 inches (1674 mm) shall have
handrails on both sides.
This section applies where alterations include the installation of additional equipment that
607.1 General is structurally supported by the building or reconfiguration of space such that portions of
the building become subjected to higher gravity loads per Tables 1607.1 and 1607.6 of the
IBC.
607.3 New structural All new structural members in the alterations shall comply with the requirements in the
members IBC.
Existing structural elements that support additional gravity loads or snow drift loads shall
Existing structural comply with the requirements of the IBC unless the stress is not increased by more than 5
607.4 percent. In the case of Group R building with no more than five dwellings or sleeping units,
members the existing building and its alteration comply with the conventional light-frame construction
method in the IBC or IRC.
If the occupant load of a story is increased by more than 20 percent, plumbing fixtures for
610.1 Minimum fixtures the story shall be provided based on the requirements in the International Plumbing Code'
(IPe') for the increased occupant load.
701.2
Compliance
702.1
High-rise buildings
702.2
Boiler and furnace
equipment rooms
703.1
Existing shafts and
vertical openings
704.1
Automatic sprinkler
s stems
Fire alarm and detection
systems
704.2
705.1
General
705.2
Means-of-egress
lighting
In addition to the requirements identified in Chapter 7, all work shall comply with the Level
1 and Level 2 alteration requirements in Chapters 5 and 6 respectivel
All buildings with an occupied floor more than 75 feet (22 860 mm) above the lowest level
of fire department vehicle access shall have at least one elevator serving the work area. In
addition, all floors served by a recirculating air or exhaust system with a capacity greater
than 15,000 cubic foot per minute (7m 3/5) shall have smoke and heat detection devices in
that system.
Unless satisfying one of the exceptions, all boiler and furnace equipment rooms within the
following shall be equipped with rated construction (1-hour):
Day nurseries emergency controls required for equipment
Children's shelter facilities - emergency controls required.for equipment
Residential child-care facilities - emergency controls required for equipment
Similar Group 1-2 occupancies with children under two and a half years of age -
emergency controls required for equipment
Shelter facilities
Residences for the developmentally disabled
Group homes emergency controls required for equipment
Teaching family homes - emergency controls required for equipment
Transitional living homes - emergency controls required for equipment
Rooming and boarding houses
Hotels
Multiple dwellings
Existing stairways that are part of the means of egress shall be enclosed as identified in
Section 603.2.1 (Level 2 alterations). The enclosure is required between the highest work
area floor and the level of exit dischar e as well as all floors below.
All work areas shall be equipped with an automatic sprinkler system as specified in Section
604.2.
Except for exit signs and means of egress lighting, the means of egress provisions in
Section 605 for Level 2 alterations shall compl
All means of egress from the highest work area floor to the floor of exit discharge shall be
equipped with exit signs and artificial lighting within the exit enclosure per the IBC.
Section Title
707.5
Structural alterations
707.6
Additional vertical loads
707.7
Voluntary lateral-force
resisting system
alterations
Buildings undergoing structural alterations or buildings where the seismic base shear is
increased by more than 5 percent due to alterations must undergo an engineering
evaluation and analysis by a registered design professional and submitted to the code
official.
Where more than 30 percent of the total floor and roof areas are altered within a 12-month
time frame, the evaluation must demonstrate that the altered building is in compliance with
the IBC for wind loading and with reduced IBC level seismic forces for seismic loading,
Where not more than 30 percent of the total floor and roof areas are altered within a
12-month time frame, the altered building must comply with the loads applicable when the
building was buill,
Existing structural members affected by increased gravity loads shall comply with the IBC
unless the stress in not increased by more than 5 percent. In the case of Group R
buildings with no more than five dwelling or sleeping units, the existing building complies
with the conventional light-frame construction method in the IBC or IRC.
Compliance with the design forces in the IBC is not required for alterations of existing
elements that are initiated for the purpose of increasing the lateral-force-resisting strength
or stiffness, provided the engineering evaluationlanalysis satisfies all five provisions in
Section 707,7,
8011
Repair and alteration with no
change of occupancy
classification
807.1
Gravity loads
807.2
Snow and wind loads
807.3.1
Compliance with the
International Building Code
809.1
Mechanical requirements
810.1
Increased demand
812.3
Change of occupancy
classification to an equal or
lesser hazard in all three
hazard classifications
812.4.1
Means of egress general
812.4.2
Heights and areas
Repair or alterations performed with a change of occupancy that does not involve a
change of occupancy classification shall conform to the applicable requirements of
Sections 802 throu h 811.
If the change of occupancy results in higher uniform or concentrated loads, the
building shall comply with the gravity loads provisions in the IBC, provided the
stress is not increased b more than 5 ercent.
If the change of occupancy results in higher wind or snow importance factors, the
building shall comply with the applicable wind/snow provisions in the IBC, provided
the new occupancy with the higher importance factor is more than 10 percent of the
total building floor area.
If the change of occupancy results in higher seismic factors or reclassification of the
building to a higher hazard category per Table 812.4.1 and a Group M occupancy is
changed to a Group A, E, 1-1, R-1, R-2, or R-4 occupancy with at least two-thirds of
the floors involved in Level 3 alteration work, the building shall compll,1 with the
seismic requirements of the IBC for the new seismic use group, provided one of the
exceptions is not met.
If the new occupancy is subject to different kitchen exhaust requirements or
increased mechanical ventilation requirements, the new occupancy shall comply
with the International Mechanical Code@ IMCl .
If the new occupancy is subject to increased or different plumbing fixture
requirements or increased water supply requirements, the new occupancy shall
compl with the IPC.
A change of use to an occupancy or group within the same hazard classification
category or to an occupancy group within a lesser hazard classification category in
the three tables addressed by Tables 812.4.1, 812.4.2 and 812.4.3 shall be
permitted in an existing building or portion thereof, provided the provisions of
Sections 812.3.1 throu h 812.3.5 are met.
All newly constructed or configured means of egress shall comply with Chapter 10
of the IBC when the change of occupancy is to an equal or lesser hazard. All means
of egress shall comply with Chapter 10 of the IBC for change of occupancy to a
hi her hazard,
Height and area of the existing building are acceptable when the change of
occupancy is to an equal or lesser hazard. Height and area for the new occupancy
group shall comply with Chapter 5 of the IBC when the change of occupancy is to a
higher hazard.
Existing exterior walls and openings are acceptable when the change of occupancy
812.43 Exterior wall fire-resistance is to an equal Qr lesser hazard. Exterior walls and openings shall comply with the
ratings IBC when the change of occupancy is to a higher hazard. This provision is not
applicable to walls at right angles to the property line.
Vertical shafts shall meet the requirements for atriums as specified in the IBC or the
requirements in Sections 812.4.4.2, 812.4.4.3 and 812.4.4.4. When a change of
812.4.4 Enclosure of vertical shafts occupancy is to a higher hazard per Table 812.4.1, the interior stairways and all
shafts shall be enclosed per the IBC unless one of the exceptions in Section
812.4.4.2 (stairways) or Section 812.4.4.3 (other vertical shafts) is met.
The following items must be provided when buildings undergo a change of
occupancy:
Minimum one accessible building entrance.
Minimum one accessible route from an accessible building entrance to a primary
function area.
812.5 Accessibility Signage per Section 1110 of the IBC.
Accessible parking (if provided).
. Minimum one accessible passenger loading zone (when provided).
Minimum one accessible route connecting accessible parking and accessible
passenger loading zones to an accessible entrance.
812.6 Seismic loads When undergoing a change of occupancy, the building must comply with the
seismic requirements in Section 807.3.
902.1
902.2
902.3
903.1
903.2
903.3.1
903.3.2
903.3.3
903.3
903.5
904.1
904.2
Height limitations
Area limitations
Fire protection
systems
Compliance with the
International Building
Code
Additional gravity
loads
Vertical addition
Horizontal addition
Voluntary additions of
structural elements to
improve the
I a tera I-force-resisting
s stem
Lateral-force-
resisting system
Flood hazard areas
Smoke alarms in an
addition
Smoke alarms in
existing portions of a
building
Additions shall not increase the height beyond that permilled by Chapter 5 of the IBC.
Additions shall not increase the area beyond that permitted by Chapter 5 of the IBC unless fire
separation is provided.
All existing fire areas that are increased shall comply with Chapter 9 of the IBC.
Additions shall comply with the IBC.
Existing structural elements supporting additional gravity loads or snow drift loads shall comply
with the requirements of the IBC unless the stress is not increased by more than 5 percent. In the
case of Group R buildings with no more than five dwelling or sleeping units, the existing building
and addition shall comply with the conventional light-frame construction method in the IBC or
IRC.
Vertical additions that increase the vertical or lateral loads of any element of the
lateral-force-resistin s stem shall compl with the IBC provisions for lateral loads.
Alllateral-force-resisting systems that are affected by horizontal additions that are structurally
connected to the existin buildin shall compl with the IBC provisions for lateral loads.
Any additions that are done voluntarily to improve the lateral-force-resisting system are only
required to comply with the requirements in Section 707.7.
Any additions where the lateral-force story shear is not increased by more than 5 percent (10
percent) in Group R buildings of Type V construction) are not required to comply with the IBC. A
Group R building with no more than five dwelling or sleeping units that complies with the
conventional light-frame construction method is also not required to compl with the IBC.
Additions to buildings that, when combined, constitute substantial improvement shall comply with
Section 1612 of the IBC.
In additions to Group R-3 or R-4 buildings, hardwired, interconnected smoke alarms shall be
installed in the addition per the IBC or IRC.
Smoke alarms are also required in the existing building per the IBC or IRC.
Minimum Additions shall comply with the accessibility requirements for new consfruction. If the addition
.9051 requirements affects the accessibility to, or contains a pl;imary function area, the provisions in Section 506.2
shall apply
906.1 Minimum Additions shall comply with the International Energy Conse/vation Code' for new
requirements construction only. The entire building is not required to comply with the IECC.
All historic buildings undergoing repair, alterations or change of occupancy are required to be
investigated and evaluated. If the building is intended to meet the requirements of Chapter 10, a written
report shall be prepared and filed by a registered design professional.
Relocated or moved buildings are not defined in the IEBC. Relocated buildings must comply with the requirements of the IBC or IRC,
whichever is applicable, for location on the lot and foundation. With certain minor exceptions, the wind, snow, seismic and flood provisions of
the IBC are applicable for the building's new location, The building is required to b~ safe for human occupancy as determined by the
International Fire Code" and the International Property Maintenance Code. (IPMC'").
The use of Chapter 12 is only permitted for structures built prior to the date established by the
jurisdiction.
Reasonable precautions required to protect the public from injury resulting from construction activities, in connection with work requiring a
permit, are set forth in this chapter. The provisions are also intended to protect adjoining property from damage during the construction and
demolition process. The provisions of this chapter are primarily identical to those in Chapter 33 of the IBC.
Update to 2003: International Existing Building Code published by Intemational Code Council, Inc. Professional
Development Services 4051 West Flossmoor Road Country Club Hills, IL 60478-5795 U.S.A. Phone (800)
214-4321 Fax (708) 799-2651 http://wv,Iw.iccsafe.org/training Copyright November 2003
International Residential Code
Code Section
R202
has been rewritten to reflect the
as written in the IBC.
2003
R101.3
Definitions
Includes new definitions for the following:
aspect ratio, fiber cement siding, masonry heaters, portable fuel cell
appliance, stationary fuel cell power plant, structure, sunroom addition,
and winder.
R301.1.3
Table Climatic and
geographic design
R301 .2( 1) criteria
R302.1 R302.1 Exterior walls
R303.2 R303.2 rooms
R303.4.1 NEW Intake openings
R303.6 R303.4 Stairway illumination
R303.S R303.6
R304.3 R304.3 Minimum room
---..----...-
R305.1 R305.1 Minimum height
R30S.4 R308.4 Hazardous locations
R309.2 R309.2 Separation required
Adds text which
in accordance with the IBC.
Column added for ice shield underlayment requirement
Restricts projections within 2 feet of the line used to determine fire
distances.
Revised to
ventilation
for sunrooms and
covers.
Mechanical and gravity outside air intake openings are required to be
located a minimum of 10 feet from sources of hazardous or noxious
contaminants 2 feet below the source.
heaters to achieve
are now listed as an exception to the 70-square-foot minimum
area
Requires the ceiling height in bathrooms above plumbing fixtures to be at
least 6 feet S inches. Also stipulates 30 inches by 30 inches space required
at the showerhead.
Item #10 has been rewritten.
Item #11 applies when the surface of the glass is less than 60 inches "above
the nose of the tread."
Garages with habitable rooms above them shall be separated from the room
with at least 5/8 inches Type X gypsum board or equivalent (installed
perpendicular to in accordance with Table
R311 has been reorganized to include doors, landings, under-stair
protection, hallways, stairways, handrails, and ramps.
Section 311.4.3 (Landings at doors) has two rewritten exceptions:
Exception 1, the reference to sliding doors was deleted, and exterior
stairways of two or fewer risers, other than the required exit door, are
exempt from landing requirements.
Exception 2, the maximum S-inch rise for thresholds at exterior door
landings has been revised to 7% inches.
Section R311.5.2 changes the minimum tread width required for winders,
including winders at circular stairs, from 11 inches to 10 inches, as
measured from the narrow side.
Section R311.5.4limits each flight of stairs to a vertical rise of 12 feet
between floor levels or landings.
Section R311.5.6 requires handrails on at least one side of stairs with four
(previously two) or more risers.
Section R311.5.6.3 handrail grip size requirements have been completely
rewritten and include classifications of Type I and II handrails.
R311
R311 Means of egress
Three Steps
No Handrail Required
R312.2
R3154
R319.1
R322.1
R323.1.5
R323.34
R316.2 Guardrail opening
limitations
318.2 Foam plastic/Sill
and headers
NEW Alternate Test
Method
R3231
R326 Accessibility/Scope
Protection of
R327.1.5 mechanical and
electrical
NEW Walls below design
flood elevation
Ladder effect restriction removed. On open-sided stairs. opening restriction
to 4% inches
Allows wall and ceiling finishes to be tested in accordance with NFPA 286
(as an alternative to flame spread and smoke developed index requirements
tested in accordance with ASTM
Exception 2 revised to require all wood framing (previously only studs and
plates) which rests on concrete or masonry exterior foundation walls and is
less than 8 inches from to be treated
New language speCifies that where there are four or more dwelling or
sleeping units in a single structure, Chapter 11 (Accessibility) of the IBC
Many mechanical, plumbing, electrical, and fuel gas sections have been
revised to refer to this section for locations and installations of equipment
and in areas to
New section addresses components that penetrate walls designed to break
away under flood loads.
Code Section
Section Title Change
2003 2000
Foundations/ Revised to limit the applicability of the prescriptive requirements of the IRC to
R401.1 R401.1 Application foundations in which the intervals between interior basement and foundation
walls do not exceed 50 feel.
Table Table Minimum width of Increases the width requirements for footings constructed on soils with
concrete or masonry
R403.1 R403.1 footings bearing capacities of 1,000,2,000. and::. 4,000 psi
These code sections have been revised and expanded to exempt
foundations in the following structures from the requirements to extend below
R403.14 Minimum depth the frost line:
R403.1.4
R403.1.4.1 protection 1 ) Decks not supported by a dwelling unil.
2) Freestanding accessory structures < 400 feet in area Q! with an eave
height < 10 feel.
This section has been revised and Sections R403.3.1, R403.3.1.1, and
Frost-protected R403.1.2 have been added to provide prescriptive requirements for
R403.3 R403.3 frost-protected shallow foundations attached to: unheated slab-an-ground
shallow foundations structures; heated structures; and foundations extending below the frost line
in accordance with Section R403.1.4.
Access to the crawl space through ,the perimeter wall has new minimum
R408.3 R408.3 Access (crawl space) dimensions of 16 inches by 24 inches. Such access cannot be located
directly under a doorway.
Code Section
2003
R502.3.3
R502.4
R506.2.3
2
Section Title
2000
NEW
Floor cantilevers
R502.4
Joists under bearing
partitions
R506.2.3
Vapor retarder
Change
This new section contains prescriptive requirements for cantilevered wood
joist design. Cantilevered portions of wood joists are not to exceed the
depth of the member or values as set forth in Table R502.3.3(1).
Backspan requirement is 3 to 1.
Joists under bearing partitions are to be adequately sized to support the
loads imposed. (Double joists may no longer be adequate under some
Vapor barrier requirements beneath concrete slab-on-grade construction
deleted for garages.
Code Section
Section Title
2003 2000
Table R602.3 Table R602.3 Fastener schedule
R602.6 1 R602.6.1 Drilling and notching
of
Insulating concrete
R611 R611 form wall
construction
Change
"Note a" which addresses minimum average bending
Allachment method has changed for the required tie on a top plate notched
> 50 Six 16d nails to 16d nails.
This section and its subseclions have been significantly revised and
expanded to address the irregularily limitations given in Chapter 3 and to
expand the limits for wind and seismic conditions.
Code Section
Section Title Change
2003 2000 .....
R702.1 R702.1 Interior coveringl Revised to reference Table R703.4 for interior masonry veneer construction,
General with for and ^'-
M" .
R702.4.2 R702.4.2 Ceramic lilel Revised to prohibit installation of water-resistant gypsum board over a vapor
Gypsum backer retarder in a shower or tub
...
Table Table Allowable spans for
R703.7.3 R703.7.3 lintels supporting Revised to include spans for 5/16 inch thick steel lintels.
masonry veneer
,
Code Section Section Title Change
2003 2000
R802.1.3 R802.13 Fire-retardant- Completely rewritten.
treated wood
, 'M'.
Truss-to-wall
R802.10.5 connection Requires truss-to-wall connectors which are subject to wind pressures of
NEW Required strength of less than 20 psf to be capable of resisting a minimum uplift of 175 pounds.
Table truss or rafter Table R802.11 is completely rewritten
R802.11 connections to resist
wind uplift forces
Code Section
2000 .
Section Title
R905.2.7.1
Ice protection
R90S.2.7.1
R907.3
R907.3
Reroofingl
Recovering versus
replacement
Section Title
R1001.6.1
2000
NEW
Spark arrestors
R1003
R1003
Masonry fireplaces
R1006
NEW
Masonry heaters
Allows the jurisdiction to mandate ice protection by inserting the requirement
in Table R301.2(1). Unconditioned detached accessory structures are now
exempt from ice barrier requirements. New ice shield reference for
underlayment indicated in Sections R905.4.3, R905.5.3, R905.6.3, R905.7.3,
and R905.8.3.
Existing asphalt shingles no longer must be removed prior to reroofing in
areas prone to severe hail damage.
New section
arrestors.
Some sections have been rearranged. New opening sentence for steel
fireplace units.
New section on dampers requires they be located a minimum of 8 inches
above the top of the fireplace
A masonry heater shall be installed according to:
. The terms of its listing; or
. ASTM E1602
3
Code Section
Section Title
2003 2000
N1101.1 N1101.1 Scope
N1102.1 N1102.1 Thermal
criteria
N1102.1.11 NEW Recessed lighting
fixtures
Change
Exempts unconditioned portions of structures from compliance with Chapter
11 where separated by building envelope assemblies from the remainder of
the building. but still requires compliance with the chapter's provisions for
mechanical and service water
Revised to limit the use of the IECC to Chapters 4 and 5 for building
New prescriptive requirements for recessed lighting fixtures installed in the
building envelope.
Code Section
i Section Title Change
2003 2000
NA i M120U Conformity Deleted without substitution.
Section Title
Change
Drain pipe materials
and sizes
New material and size requirements for components of the condensate
disposal system.
....
.........
Code Section
= M~::3 +:::- Section Title
Valves
Boiler low-water New requirements for boiler and water-heater shutoff valves and boiler
M2002.5 low-water cutoff control.
cutoff
Water heaters used Water heaters used for space heating are now also required to conform to
M2004.1 M2004.1 for space
heatinglGeneral Chapter 28 (Water heaters).
M2006.1 M2006.1 Pool heatersl Revised to require electric pool and spa heaters to be tested in accordance
General with UL 1261.
Section Title
NEW
Hydronic
pipinglTests
Requires testing of hydronic piping at a pressure of not less than 100 psi for
not less than 15 minutes.
Section Title
Change
2003
M2202.3
M2202.3
Flexible connectors
Revised to require flexible connectors in special piping systems to be listed
and labeled in accordance with UL 536.
Revised to require automatic pumps utilized in special piping and storage
systems to be listed and labeled in accordance with UL 343.
M2204.1
M2204.1
Pumps
Change
4
G2408.4 NEW Clearances from
grade
Clearances to
G2408.5 NEW combustible
construction
G2434.1 G2433.1 Vented gas
fireplaces/ Generat
Equipmenl and appliances installed at
concrete slab or other approved
be' at least 6 inches above
Clearances to combustibles are required to be maintained as specified in the
listing and manufacturer's instructions, as reduced in accordance with
Section G2409.
level must be supporled on a
extending above adjoining grade or
New section requires vented gas fireplace heaters to be installed in
accordance with lhe manufacturer's installation instructions, tested in
accordance with ANSI A21.50, and designed and equipped as specified in
Section G2432.2.
Code Section
Section Title Change
2003 2000
P2503.5.2 P2503.5.2 plumbing Revised to require the DDV system smoke-test to have a duration of not less
than 15 minutes.
Code Section
=-~::~- ~:: Section Title Change
Flood-resistant New requirements for water-supply and sewage-disposal systems in areas
installation prone to flooding.
....
Code Section
Section Title Change
2003 2000
Revised to require not less than 15 inches from the centerline of a bidet to
P2705.1 P2705.1 Installation/General the outermost rim of an adjacent water closet.
'v 'VUu / required 30 inches minimum center to centeL)
Revised to require a minimum of 900-square-inch area and 30 inches
P2708.1 P2708.1 ShowerslGeneral minimum dimension at the interior of showers, as measured at the top of the
threshold, continued for a minimum height of 70 inches above the drain inlet.
P2714.2 NEW Moveable sink New section requires compliance with ASME A112.19.12.
systems
P2722.1 P2722.1 Fixture fitting/ Revised to indicate that flexible water connections shall conform to Section
General P2904.7.
Individual -
P2722.3 pressure-balancing Requires conformance with ASSE 1066 and installation in an accessible
NEW in-line valves for location. May not be substituted for shower values required by Section
individual fixture P2708.3.
fittings
Temperature-
actuated, Requires conformance with ASSE 1062. May not be substituted for shower
P2724.1 NEW flow-reduction
devices for valves by Section P2708.3.
individual fixtures
Code Section
Section Title
Change
2003
2000
P2801.4
P2801.4
Prohibited locations
Revised to provide prescriptive requirements for water heaters installed in
dedicated enclosures.
Master thermostatic mixing valves, where required, shall comply with ASSE
1017 and temper the domestic water to 1400F or less.
P2802.2
P2802.2
Temperature control
5
Code Section
Section Title
> 2003 2000
P2902.2.6 NEW Double check-valve
assemblies
Table Conversion from
NEW WSFU to GPM
P2903.6.1 flow rates
P2903.9.3 P2903.9.3 Valve requirements
Tables Water service pipe
P2904.4.1 NEW
P29045 distribution
P2904.5.1 P2904.5.1 Under concrete
slabs
P2904.7 NEW Flexible water
connections
P2904.17 NEW Press joints
Code Section
Section Title
2003 2000
P3002.2 P3002.2 sewer
Horizontal to vertical
P3005.1.1 P3005.1.1 (multiple-connection
fittings)
P3005.1.7 NEW Change in size
P3005.2 P3005.2 Drainage pipe
cleanouts
P3005A P3005A Drain pipe sizing
Change
Requires conformance with ASSE 1015 or ASSE 1048. Must be capable of
under continuous
New table addressing the need to convert W.S.F.U. to G.P.M. Table
2903.8.1 has been revised to reference this table for g.p.m. flow rates.
Revised to require valves serving individual fixtures, appliances, risers, and
branches to be provided with an individual shutoff valve on the water supply
at tubs and showers.
New tables referencing separate standards for water service and water
distribution pipe.
Revised to permit galvanized steel pipe in compliance with this section under
concrete slabs.
New section references ASME A 112.186 and requires access to all flexible
water connectors.
New section provides requirements for press-type mechanical joints in
copper tubing.
Change
Revised to
for forced main sewer
Revised to provide double sanitary tee pattern requirements.
New section requires drainage piping not be reduced in size in the direction
of flow. A 4-inch by 3-inch water closet connection, however, is not
considered a reduction in size.
Pressurized building drains and building sewers that convey the discharge of
automatic pumping equipment to a gravity drainage system are now exempt
from the requirements of this section.
Revised to indicate that drainage pipe size shall not be reduced in size in the
direction of flow.
2003
2000
Section Title
P3105.1
P3105.1
Distance of trap
from vent
P3111.1
P3111.1
Type of fixtures
P3111.2
P3111.2
Installation
P3114A
P3114A
Location
Change
New exception does not limit the developed length of the fixture drain from
trap weir to vent fitting for self-siphoning fixtures, such as water closets.
A combination waste and vent system shall not receive the discharge of a
food waste grinder.
The maximum vertical distance for vertical pipe in a combination drain and
vent system has been revised to 8 feet.
Stack-type air admittance valves shall be located a minimum of 6 inches
above the flood level rim of the highest fixture vented.
Code Section
Section Title
2003
2000
E3802.11
NEW
Bedroom outlets
6
Change
New section requires arc-fault circuit interrupters in bedrooms for all branch
circuits that supply 15- and 20-ampere receptacle outlets.
I
Revised and updated.
I
Code Section
2003
Section Title
Change
2000
AG105.2
AG105.2
Outdoor swimming
pool
Provides maximum mesh sizes for chain link fences serving as a required
barrier.
AG106
NEW
Entrapment protection
for swimming pool
and spa suction
outlets
Provides suction fitting, atmospheric vacuum relief system, dual drain
separation and pool cleaner fitting requiremenls.
Code Section
Section Title Change
2003 2000
Special provisions for
aluminum screen
AH107 NEW enclosures in Provides general requirements, definitions and structural design criteria for
hurricane-prone
regions I
Update to 2003: International Residential Code published by Intell1ational Code Council, Inc. . Professional
Development Services . 4051 West Flossmoor Road . Country Club Hills, IL 60478-5795 . U.S.A.
Phone (800) 214-4321 . Fax (708) 799-2651 . http://www.iccsafe.org/training . Copyright July 2003
7
Section
2003
2000
607.3
NEW
609
NEW
[M]610
[M] 609
Code Section
2003 2000
903.2.7
903.2.7
903.2.8
903.2.9
907.2.9
907.2.9
907.3.1.8
907.3.1.8
903.3.1.1
903.3.1.1
International Fire Code
Change
Added specific
to
clarifying that it is the intent of the code to
and other
Code Section
Section Title
2003 2000
101.3 101.3 Intent
105.3.7 105.3.7 Information on the permit
105.6.17 105.6.17 Flammable and
combustible liquids
107.6 NEW Overcrowding
two operational permits (Nos. 9 and 10) to assist the code official
the administration of the new regulations on mobile refueling in Section
section that prohibits overcrowding and provides for immediate
of performances, presentations, etc. until overcrowding or
conditions are remedied.
Section Title Change
Added section that requires that all keys needed for the proper operation
Elevator keys of emergency service elevators and hoistway access keys be kept on the
premises in a location the code official.
Valve-regulated lead-acid Added section that defines and regulates hazards presented by new
stationary battery technology.
Commercial kitchen hood design and construction require,ments
duplicated from the International Mechanical Code" (IMe'h) were
removed from IFC Section [MJ 609 in favor of a more appropriate simple
Commercial kitchen hoods reference to the IMC, which is now in new Section [M] 610.1. A new
"Where required" section ([M] 610.2) has been added, which will better
enable the fire code official to properly apply the provisions of Section
904.2.1, Hood system suppression.
ection Title
Group R
Group R-2
Group R-4
NFPA 13 sprinkler
systems
Change
Consolidated all automatic sprinkler system requirements for Group R
occupancies, formerly Sections 903.2.7, 903.2.8 and 903.2.9, into a
single Section 903.2.7 which requires that an automatic sprinkler system
be installed in accordance with Section 903.3 throughout all buildings
with a Group R fire area, without exception.
The enhanced level of safety afforded by automatic sprinklers in
combination with direct means of egress to outdoors or open-ended
corridors in new and existing Group R-2 buildings is now recognized. The
revision adds a new exception to the fire alarm system requirements for
buildings which are so equipped.
The enhanced level of safety afforded by automatic sprinklers in
combination with direct means of egress to outdoors or open-ended
corridors in new and existing Group R-2 buildings is now recognized. The
revision adds a new exception to the fire alarm system requirements for
buildings which are so equipped.
Section revised to clarify a misconception about the intent of Section
903.3.1.1 i.e., that NFPA 13R or 13D sprinkler systems are equivalent to
NFPA 13 systems in all cases where code modifications are allowed for
sprinklers. The revision to this section makes it clear that in order for
NFPA 13R or 13D systems to be recognized for trade-offs, the reference
to Sections 903.3.1.2 and 903.3.1.3 will have to be specific
Code Section
2003
2000
1026.21
NEW
1027.2
1011.2
1027.5
NEW
Section Title
Existing stairs
Reliability
Emergency escape
openings
Change
Added section that requires that existing stairs be provided with floor
number markings on the same basis as new stairs to assist the fire
department in responding to the correct floor and to allow
occupants to aware of their egress progress under adverse
conditions.
In our society, security is an ever-growing concern and often the
solutions to enhancing the security of buildings conflict with the life-safety
concerns of building and fire codes. Revised text provides the fire code
official with an important measure of control over the installation or
modification of security devices which could have an adverse effect upon
the of a
Provisions for the maintenance of emergency escape openings are now
included in Section 1027 (formerly 1011). The new text not only requires
that emergency escape openings be maintained as originally installed
and approved but also provides for the regulation of bars, grilles, grates,
or similar security devices installed on emergency escape openings.
Chapter 22 title has been revised from "Service Stations and Repair Garages" to "Motor Fuel-Dispensing Facilities and Repair Garages." The
term "Service station" has been revised to "Motor fuel-dispensing facility" throughout the I-Code family to more clearly delineate motor
vehicle-related uses and correlate with the term used in certain referenced standards in the I-Codes.
2209
NEW
2211.8
NEW
Section Title
Hydrogen motor
fuel-dispensing and
facilities
Defueling of hydrogen
from motor vehicle fuel
storage containers
Change
section introduces regulations for safe generation, storage, use,
and handling of hydrogen gas as a fuel for motor vehicles.
section introduces regulations for safe hydrogen defueling
operations in repair garages servicing hydrogen-fueled vehicles.
Chapter 24 has been completely reformatted to provide a clear division between the requirements for temporary and permanent tents,
canopies and membrane structures. Better correlation with the corresponding IBC Chapter 31 provisions has also been achieved.
2003
2000
2701.3
NEW
Code Section
2003
2000
3007
NEW
2
Section Title
Performance-based design
alternative
Section Title
Compressed gases not
otherwise regulated
Change
Performance-based design criteria for the storage, use or handling of
hazardous materials were added. New IFC Section 2701.3 is based on
Chapter 22 of the ICC Performance Code for Buildings and Facilities and
existing applicable federal risk management guidelines in an effort to
correlate the IFC and federal requirements and provide the fire code
official and regulated industries with an alternative to detailed prescriptive
regulations.
Change
Added section to regulate compressed gases, including asphyxiants,
irritants and radioactive gases that are not otherwise regulated by the
material-specific chapters of the code. Without a material-specific
chapter to provide adequate safeguards, these recognized hazardous
gases might escape even minimum regulation as now provided in
Section 3007, creating a hazard not only to building occupants, but also
emergency personnel.
Code Section
2003 2000
Section Title
3406.5.4.5
3402
3402
Definitions
Change
Three new definitions added
Fuel Limit Switch
. Mobile Fueling
. Remote ErnE;rgEJn(;y:::;h~tQff Q~vi~g..
Added section that allows the fueling of vehicles located at
governmental, commercial, industrial or manufacturing establishments
with Class II or III liquid motor fuels from tank vehicles This new section
includes 24 specific safeguards which must be taken in order to allow
this new fueling methodology to be used.
Update to 2003: International Fire Code published by Intemational Code Council, Inc. . Professional
Development Services . 4051 West Flossmoor Road . Country Club Hills, IL 60478-5795 . U.S.A.
Phonc (800) 2] 4-432] . Fax (708) 799-265] . http://www.iccsafe.org/training · Copyright July 2003
NEW
Commercial, industrial,
governmental or
manufacturing
3
International Mechanical Code
Code Section
Section Title
Change
2003
2000
101.2
101.2
Scope
Exception 1 requires the International Residential Code (IRe') to be used for
one- and two-family dweltings. Exception 2 allows the use of the International
Existing Building Code (IEBe"') for repairs and additions to mechanical
202
202
Several new definitions were added to clarify new or existing terms used in
code text
304.4
NEW
generating and
operations
Adds ventilation requirements for rooms containing hydrogen equipment
306.5
306.5
Equipment and appliances Adds requirements for permanent ladders and catwalks for access to
on roofs or elevated equipment on roofs or elevated structures.
structures
309.1
309.1
Space-heating systems
Portable space heaters are not allowed to be the only source of heat for
maintaining minimum indoor temperature.
. .... i.iii'i.'.
Code Section Section Title Change
--------i
2003 2000
.----4~-r Natural ventilation
402.2 Ventilation area required The natural ventilation requirements of the IBC are duplicated in the IMC for
402.1
402.3 Adjoining spaces ease of use of the code.
402.4 Openings below grade
~--~----- -..----.-
504.1 504.1 Installation Adds an exception to allow listed condensing (ductless) clothes dryers not to
exhaust to the outdoors.
506.5 NEW E h t . ~ section provides installation requirements for fans and other related
x aus eqUlpmen hen exhaust o~, ,;nmont
507.13 507.13 Capacity of hoods
507.13.1 507.13.1 Extra-heavy-duty cooking
appliances
Heavy-duty cooking .
507.13.2 507.13.2 New method (CFM per linear foot of hood) replaces old formulas for
appliances calculating hood exhaust rates.
507.13.3 507.13.3 Medium-duty cooking
appliances
507.13.4 507.13.4 Light-duty cooking
appliances
514 NEW Energy Recovery New section adds requirements for ventilation systems using energy recovery
Ventilation Systems systems.
602.2.1.5 Foam plastic insulation
602.2.1.5.1 NEW Separation required New section adds requirements for foam plastic insulation used as wall or
602.2.1.5.2 Approval ceiling finish in a plenum.
602.2.1.5.3 Covering
Code Section
Section Title
Change
2003
2000
804.3.8
NEW
Mechanical draft systems
for manually fired
appliances and fireplaces
New section allows the use of a mechanical draft system to assist a
solid-burning fireplace or stove to draw properly.
2003
Table 11031
Section Title
Table1103.1
Refrigerant Classification,
and TLV-TWA
Change
Revises the table to update current entries and add many new refrigerants
with allowable amounts preoccupied space.
Update to 2003: Illternatiolla{ Mechall ical Code published by International Code Council, Inc. . Professional
Development Services . 4051 West Flossmoor Road . COUlmy Club Hills, IL 60478-5795 . U.S.A.
Phone (800) 214-4321 . Fax (708) 799-2651 . . Copyright July 2003
2
International Plumbing Code
Code Section
Section Title Change
2003 2000
~--~ ~~
Scoping provisions were added to regulate:
nonflammable medical gas
. inhalation anesthetic
. vacuum piping
nonmedical oxygen systems
. sanitary and condensate vacuum collection systems
1 01 ~2 101.2 Scope In addition, two exceptions were added to address plumbing systems within
detached one- and two-family dwellings and existing buildings,
I 1) Detached one- and two-family dwellings and multiple single-family
dwellings (townhouses) not more than three stories high must comply with
the IRC.
2) Plumbing systems in existing buildings undergoing repair, alteration, or
additions, and change of occupancy, shall be permitted to comply with the
International Existing Building Code"(IEBC'),
< "; :~~ ..,:.i :7
~ ~.:
Code Section
2003 Section Title Change
2000
The conditions of the listing or the manufacturer's installation instructions
should not be overlooked; therefore, provisions were added to provide
clarification where a conflict occurs between the conditions of the listing or
the manufacturer's instructions and the code. The minimum requirements of
301.7 NEW Conflicts the code must apply unless such provision is less restrictive than the
conditions of the listing or manufacturer's installation instructions. In this
instance, the conditions of such listing or instructions must apply. Where the
code has requirements that exceed the manufacturer's installation
instructions, it is the intent that the code apply.
The plastic pipe industry does not recommend air testing; therefore, a
3121 312.1 Required tests charging statement was added for piping systems other than plastic to be
tested by air.
It is important to clarify what are appropriate testing gauges for different
testing applications.
Test requiring pressure of: Gauge increments of:
312.1.1 NEW Test gauges :: 10 psi .10 psi or less
>10:: 100 psi 1 psi or less
> 100 psi 2 psi or less
Code Section
Table 403.1
Table 403.1
2
Section Title
Minimum number of
required plumbing
fix lures
Business (B)
for water closets
for lavatories
Stadiums (A-5)
water closets
Coliseums (A-4)
water closets
Footnote B
Change
An ICC-appolnted Ad Hoc Committee recommended a format change to
Table 403.1 to achieve technical consistency between the IPC and IBC. The
IBC classifies the occupancy under use group and a description column is
added to provide additional examples for ease in determining the
classification of the use group.
The committee recommended that an increasing ratio of required plumbing
fixtures would address the issue to increase the number of facilities as the
number of occupants increases.
2000
1 per 50
1 per 80
2003
1/25 for first 50 and 1/50 for additional
1/40 for first 50 and 1/80 for additional
2000
< 3.000 seats
1 per 100 (males)
2003
1/75 for the first 1,500
1/120 for additional
1 per 50 (females)
1/40 for the first 1,500
1/60 for additional
'" 3.000 seats
1 per 150 (males)
1 per 50 (females)
Same as for < 3.000 seats (males)
Same as for < 3,000 seats (females)
2000
< 3,000 seats
1 per 75 (males)
2003
1/75 for the first 1 ,500
1/120 for additional
1 per 40 (females)
1 140 for the first 1 ,500
1 160 for additional
'" 3.000 seats
1 per 120 (males)
1 per 60 (females)
Same as for < 3,000 seats (males)
Same as for < 3,000 seats (females)
This footnote was deleted. This deletion prevents fixtures from being located
in adjacent buildings under the ownership or control of a church to satisfy the
plumbing fixture requirements.
Code Section
2003
2000
403.2
403.2
406.3
406.3
411.1
411.1
424.3
424.4
424.5
NEW
504.6.1
504.6.1
2003
2000
603.2
603.2
604.11
NEW
605.3
605.4
608.16.1
608.16.1
613.1
NEW
Section Title
Separate facilities
Waste connection
Emergency showers
and eyewash
Shower valves
Temperature-actuated,
now reduction valves for
individual fixture fittings
Section Title
Discharge
Section Title
Separation of water
service and building
sewer
Individual pressure
balancing in-line valves
for individual fixture
fittings
Water service pipe
Beverage dispensers
Temperature-actuated
mixing valves
Change
An exception was added to provide for separate facilities located in
mercantile occupancies with an occupant load of 50 or less. This exception
allows a unisex restroom facility to serve both sexes and adds flexibility for
such
An additional safety factor addresses the issue of discharge rates associated
with high-speed pumps for automatic clothes washers. The possibility of a
trap seal siphoning by the sudsing created in the drainage system and
interruption of flow is reduced where connection is made to a branch drain or
stack a minimum of 3 inches in diameter.
New standard was added to provide performance and installation
requirements for emergency showers and eyewash stations (ISEA Z358. 1).
New standard added to address multiple (gang) showers supplied with a
single tempered water supply. The water supply for such showers must be
controlled a master thermostatic valve with ASSE 1017.
New standard that addresses temperature control for individual fixture
fittings (ASSE 1062). However, must not be used as a substitute for shower
valves required in Section 424.3.
Change
Additional language added to address relief valves discharging into a
combined piping system which can cause backpressure on other relief valves
causing their relief pressure to be higher. All relief valve piping is required to
be piped independent of other equipment drains or relief valve discharge
piping to the disposal point.
Two new exceptions were added under Section 603.2. The first application
permits the water service to be located in the same trench with the building
sewer provided the sewer is constructed of materials listed in Table 702.2
(underground building drain and vent piping). The second application permits
the water service to cross a sewer pipe without the required separation
distance provided the water service pipe is sleeved to at least 5 feet
horizontally from the sewer pipe centerline, on both sides of such crossing
with pipe materials listed in Tables 605.3, 702.2, and 702.3.
New standard that addresses mixed water temperature variations due to
pressure fluctuations which are individual pressure balancing valves for
individual fixture fittings (ASSE 1066).
The requirement for water service piping termination point is addressed by
adding specific language for penetrating an exterior wall or slab on grade
versus point of entry.
The requirement for water supply connection to beverage dispensers for the
protection against backftow by a double check valve conforming to ASSE
1012 is replaced by protection in the form of an air gap or a backflow
preventer conforming to ASSE 1022. Secondary protection in the form of a
dual check valve conforming to ASSE 1032 installed on the beverage
is deleted.
New standard that addresses temperature control devices which are installed
to reduce water temperature to defined limits. Such devices for temperature
'control are not mandated for specific applications; however, where installed,
these devices must conform to ASSE 1017.
3
Code Section
Section Title
Change
2003
2000
706.3
706.3
Installation of fittings
New language provides additional health and sanitation protection by
prohibiting the installation of any exposed soil or waste piping in any working.
or surface areas in food service or food establishments.
An exception was added to permit the installation of back-to-back water
closet connections to double sanitary tees where the horizontal developed
length between the outlet of the water closet and the connection to the
double sanitary tee is 18 inches or greater.
701.9
NEW
Drainage piping in food
service areas
Code Section
Section Title Change
2003 2000
909.1.1 NEW Vertical wet vent An additional wet venting method for any combination of fixtures within two
..~ bathroom groups located on the same floor level.
A drinking fountain was added to the list of plumbing fixtures that is permitted
912.1 & 912.1 & Type of fixtures in a combination drain and vent system and a standpipe was deleted as a
912.2 912.2 Installation type of fixture permitted in such systems which clarifies the intent for low-flow
velocities.
/ }}.....}
.......
Code Section
-.----.---r--~-~~~.-- Section Title Change
2003 2000
--_.~-~.
An additional provision was added for requiring a solids interceptor where
food waste grinders connect to grease traps to correlate with the
1003.3.2 1003.3.2 Food waste grinders manufacturer's installation instructions. This addresses the concern of large
quantities of solids discharging into the public sewer and the oversizing of a
grease trap to accommodate the use of a food waste grinder.
Code Section
Section Title
Change
2003
2000
E201
NEW
Selection of pipe size
To achieve correlation with the IRe, an additional water pipe sizing method
for residential use was added to Appendix E.
Update to 2003: International Plumbing Code published by Intelllational Code Council, Inc. . Professional
Development Services . 4051 West Flossmoor Road . Country Club ]-hlls, IL 60478~5795 . U.S.A.
Phone (800) 214-4321 . Fax (708) 799-2651 . http://www.iccsafe.org/training . Copyright July 2003
4
International Fuel Gas Code
Code Section
Section Title Change
2003 2000
101.2.1 Gaseous hydrogen With the addition of the new Chapter 7. the IFGC covers hydrogen as a fuel gas
systems (see revised definition of "Fuel gas").
====== .....
Code Section
Section Title Change
2003 2000
302.4 Alterations to trusses Formerly, the code did not specifically address the field alteration of trusses.
Exception #2 no longer refers to unusually tight construction, for example,
303.3 303.3 Prohibited locations vented room heaters can now be installed in a bedroom if the bedroom meets
the room volume requirement specified in Section 304.5 for indoor combustion
air.
The code is clarified by stating that the combustion air provisions are not
304.1 304.8 General applicable to the specifically named types of appliances. Section 304 addresses
natural draft and Category I appliances.
Indoor combustion air provisions are substantially revised. The concepts of
304.5 304.10 Indoor combustion air "confined and unconfined spaces" and "unusually tight construction" have been
replaced with new methodology. The methodology is based on the actual
air-infiltration rate of the building or an accepted default rate.
(See previous comment.)
304.5.2 Known air-infiltration-rate The formulas reflect new research regarding the volume of space required per
method 1,000 Btu/h input rating of the appliances. The formulas also reflect the
difference between draft hood-equipped and fan-assisted-type appliances.
Combining spaces in For the first time, the code addresses the vertical coupling of spaces on
304.5.3.2 different floor levels for the purpose of increasing the available volume for
different stories indoor combustion air applications.
304.9 Mechanical combustion air The IFGC now has a specification method for providing combustion air by
supply mechanical means.
304.11 Combustion air ducts Item #8 of this section is a new requirement for outdoor combustion air intake
openings to be located a minimum distance above grade.
Protection from fumes and New text speaks to the concern of drawing contaminated combustion air into
304.12 appliances. Appliance isolation or direct-vent appliances could be required in
gases some contaminated atmospheres.
New text has been added which clarifies that a product listing and
305.1 305.1 General manufacturer's installation instructions prevail in the event that a code provision
is less stringent (restrictive) on the same subject. In other words, that which
provides the greatest level of safety is the ruling provision.
The new exception allows a much greater distance between the access
306.3 306.3 Appliances in attics opening and the appliance in an attic. The minimum passageway height allows
for easier and faster egress for service personnel.
306.5 306.5 Appliances on roofs or Added text provides criteria for permanent ladders which was absent from
elevated structures previous editions
3066 306.6 Guards Previous editions of the code lacked specifications for the length of the required
guardrail.
New text clarifies the intent of the electrical code regarding the bonding of gas
310 Electrical Bonding piping. This text is consistent with the intent of the current NFPA 70. Gas piping
is automatically bonded by its connection to grounded appliances,
.
Code Section
Section Title Change
2003 2000
The new Table 402.2 can be used to estimate the gas demand of appliances
4022 Maximum gas demand where the exact input is not known. Any such estimated load must be verified
for accuracy at such time that the appliance actual demand is known.
402.4.1 Longest length method Former editions of the code did not specify the required methodology for
applying the pipeltubing sizing tables.
402.4.2 Branch length method The new methodology is a variation of the traditional "longest length method"
and can result in less conservative pipeltube sizes,
402.43 Hybrid pressure This new section provides the sizing methodology for multiple pressure
systems such as 2-psi parallel distribution (manifold) systems,
Tables
402.4(1 ) Schedule 40 Metallic Pipe
through
402.4(6)
Tables
402.4(7) Semi-Rigid Copper Tubing
through
402.4(13)
Tables
402.4( 14) Corrugated Stainless Steel
through Tubing (CSST)
402.4(18)
Tables
402.4(19) Polyethylene Plastic Pipe
through Tables
402.4(21 ) 402.4(1 ) All of the pipe and tubing sizing tables have been reformatted to make them
easier to identify and use. Some new tables have been added and others have
Tables through been updated (recalculated).
402.4(34 )
402.4(22) Schedule 40 Metallic Pipe
through
402.4(24)
Tables
402.4(25) Semi-Rigid Copper Tubing
through
402.4(27)
Tables
402.4(28) Corrugated Stainless Steel
through Tubing (CSST)
402.4(30)
Tables
402.4(31 ) Polyethylene Plastic Pipe
th rough
402.4(33 )
2
Code Section
Section Title Change
2003 2000
Tables Tables Type B Double-Wall Gas
5042(1) and 504.2(1) and
504.2(2) 504.2(2) Vent
Tables Tables All of the vent sizing tables have been reformatted to make them easier to
504.2(3) and 504.2(3) and Masonry Chimney identify and apply.
504.2(4) 504.2(4)
Single-Wall Metal Pipe or
Table 504.2(5) Table 504.2(5) Type B Asbestos Cement
Vent
The capacity reduction penalty for offsets is now applied based on the angles of
the fittings that create the offset. The previous edition text did not apply the
10% reduction penalty until at least 900 of change in direction occurred in
504.2.3 504.2.3 Vent offsets addition to the built-in allowance of the two 900 turns. The new text will apply a
5- or 10% reduction penalty to any and all additional changes in direction
fittings from greater than 0 to 900. The allowance for two built-in (free) 900 turns
has not changed.
This section was clarified by stating that an additional capacity reduction
beyond 20% for corrugated chimney liners is not required to account for the
504.2.7 504.2.7 Liner system sizing sweeping bend (900) that occurs where the liner comes through the chimney
wall at the appliance connection point. The sweeping bend at the bottom of the
liner is built into the currently prescribed 20% capacity reduction.
Tables Tables
504.3(1) and 504.3(1) and Type B Double-Wall Vent
504.3(2) 504.3(2)
Tables Tables
504.3(3) and 504.3(3) and Masonry Chimney
504.3(4) 504.3(4)
All of the vent sizing tables have been reformatted to make them easier to
Single-Wall Metal Pipe or identify and apply.
Table 504.3(5) Table 504.3(5) Type Asbestos Cement
Vent
Tables Tables.
504.3(6) 504.3(6) Exterior Masonry Chimney
through through
504.3(8) 504.3(8)
The common vent offset text has been simplified and now applies either a 5- or
504.3.6 504.3.5 and Elbows in vents 10% capacity reduction penalty based on the degrees of the changes in
504.3.6 direction (fittings). The previous text applied a fixed 20% penalty for all offsets,
regardless of the angles involved.
504.3.7 Elbows in connectors This new text is specific to the vent connector and applies capacity reduction
penalties in the same manner as 2003 IFGC Sections 504.2.3 and 504.3.6.
This section was clarified by stating that an additional capacity reduction
beyond 20% for corrugated chimney liners is not required to account for the
504.3.19 504.3.17 Liner system sizing sweeping bend (900) that occurs where the liner comes through the chimney
wall at the appliance connection point. The sweeping bend at the bottom of the
liner is built into the currently prescribed 20% capacity reduction.
This new section clarifies that commercial cooking appliances must be vented.
Commercial cooking Such appliances are most often vented by means of the kitchen exhaust-hood
505.1.1 appliances vented by system. Section 505.1.1 focuses the code requirements on cooking appliances
exhaust hoods to emphasize the applicability. Section 503.3.4 is the parallel section in both the
2000 and 2003 editions.
.,
J
Code Section
Section Title Change
2003 2000
604.1 604.1 General Vented decorative appliances are now referred to as "gas fireplaces." The term
"fireplace" has been traditionally used to describe only solid fuel fireplaces
Coverage for a new type of appliance is added. Vented gas fireplace heaters are
605.1 General intended to function as room heaters in addition to being aesthetically pleasing
(decorative ).
623.6 Commercial cooking New coverage is added for hydrogen fuel cell power plants. NFPA 853 is an
appliance venting installation standard.
This new section clarifies that commercial cooking appliances must be vented.
Such appliances are most often vented by means of the kitchen exhaust-hood
633.1 General system. Section 505.1.1 focuses the code requirements on cooking appliances to
emphasize the applicability. Section 503.3.4 is the parallel section in both the
2000 and 2003 editions.
Code Section
Section Title
Change
2003
2000
Chapter 7
Gaseous Hydrogen
Systems
A new chapter has been added to provide coverage for the emerging
hydrogen fuel industry. The new text covers hydrogen and piping systems.
Hydrogen-fueled vehicles and power plants generating and refueling
operations are already in the marketplace and this industry is expected to
grow rapidly.
Update to 2003: lntematiollal Fuel Gas Code published by International Code Council, Inc. Professional
Development Services 4051 West Flossmoor Road Country Club Hills, II, 60478-5795 U.S.A.
Phone (800) 214-4321 Fax (708) 799-2651 Copyright September 2003
4
International Property Maintenance Code
.
Code Section
Section Title Change
2003 2000
101.3 101.3 Intent Added reference to IEBC.
102.2 102.2 Maintenance Added paragraph on owner, operator or occupant not
removing or shutting off required utilities or equipment.
Removed reference to International Building, Plumbing, Fuel
102.3 102.3 Application of other codes Gas, Mechanical and ICC Electrical Codes.
Added reference to IEBC.
NA 103.4 Restriction of employees Section deleted.
106.3 106.3 Prosecution of violation Added paragraph allowing a lien to be place on real estate.
107.1 107.1 Notice to person responsible Simply now requires violation notice to be served only to the
person responsible for the violation.
107.2 107.2 Form Added a sixth item to be on the form requiring a statement
about the right to file a lien.
108.5 108.5 Prohibited occupancy Added sentence which requires structures condemned and
placarded to be vacated.
111.1 111.1 Application for appeal Removed claim of undue hardship as a base for an appeal.
2003
201.5
201.5
Parts
Added "housekeeping unit."
202
202
General Definitions
Added definitions for "Easement," "Housekeeping unit,"
"Inoperable motor vehicle" and "Public way."
Redefined definition of "Premises" to include easement and
public way.
.
Code Section
Section Title Change
2003 2000
301.2 301.2 Responsibility Added occupants of rooming unit and housekeeping unit as
responsible for keeping a clean. safe and sanitary premise.
302.4 302.4 Weeds Added paragraph on prosecution for failure to comply with
cutting and destroying of weeds and cost of such removal.
Deleted 302.7 .1 Gates Relocated requirements for gates and swimming pools to
302.7.2 Swimming pools Section 303 entitled Swimming Pools. Spas and Hot Tubs.
Relocated requirements for gates and swimming pools to
303 302.7.1 Swimming Pools, Spas and Hot Section 303.
302.7.2 Tubs Added details on enclosures around swimming pools, spas
and hot tubs containing water deeper than 24 inches.
304 303 Exterior Structure Renumbered because of relocation of gates and swimming
pools.
Building Security
304.18304.18.1 Added detailed requirements for devices designed to provide
304.18.2 Doors security for occupants and property at doors, windows and
304.18.3 Windows basement hatchways.
Basement Hatchways
305 304 Interior Structure Renumbered because of relocation of gates and swimming
pools.
Added detailed requirements for handrails for more than four
306 Handrails and Guardrails risers of stairways and requirements for guards for walking
surfaces more than 30 inches above grade or floor.
307 306 Rubbish and Garbage Renumbered.
307.2.2 Refrigerators Added requirement to remove doors of refrigerators and
similar equipment.
308 307 Extermination Renumbered.
404.1
404.1
Privacy
Added housekeeping units.
Table 404.5
Table 404.5
Minimum Area Requirements
Deleted kitchen size requirements from table.
2003
2000
503.4
Floor surface
Requires a smooth, hard and nonabsorbent surface on floor
in toilet rooms except for dwelling units.
505.4
505.4
Water heating facilities
Dropped the minimum water temperature down 10 degrees
to the minimum required temperature of 110 F (49'C).
2
Code Section
Section Title Change
2003 2000
Raised the required minimum heating facilities to be capable
of a temperature of 68cF for dwelling units.
602.2 602.2 Residential occupancies Added an exception reducing the minimum heating facilities
to be capable of a temperature of 650F in areas with an
average monthly temperature above 30 F.
Raised the minimum furnished heat to a temperature of 68'F.
602.3 602.3 Heat supply Added an exception (No.2) reducing the minimum furnished
heat to a temperature of 65'F in areas with an average
monthly temperature above 30oF.
.
.... . .
Code Section
Section Title Change
2003 2000
702.1 702.1 General Added reference to the IFC.
Added the requirement that the escape openings be
maintained in accordance with the code in effect at time of
702.4 702.4 Emergency escape openings construction. Section 702.4 also now allows bars, grilles and
grates to be placed over such openings provided they meet
the minimum net clear openings of the code in effect at time
of construction.
704 704 Fire Protection Systems This section has been completely rewritten.
704.1 704.2 General Renumbered as Section 704.2 and added reference to the
IFC.
704.2 704.1 Smoke alarms Renumbered section and added smoke alarms required in
dwelling units in listed locations.
Revised section to require smoke alarms to connect to
commercial pow~r source and battery backup.
704.3 704.3 Power source
Section also revised to allow battery only under certain
conditions as an exception.
704.4 Interconnection Section requires activation of all smoke alarms with anyone
smoke alarm activated with two exceptions.
Update to 2003: Jllfematiolla/ Property Maintenance Code published by International Code Council, Inc. Professional
Development Services 4051 West Flossmoor Road Country Club Hills, IL 60478-5795 U.S.A.
Phone (800) 214-432 I Fax (708) 799-2651 http://www.iccsafe.org/training Copyright September 2003
..,
.)
International Energy Conservation Code
Code Section
Section Title Change
2003 2000
101.2.1 101.4.1 Exempt buildings Rewrite of the section clarifies that there is no justification for exempting
mechanical, service hot water or lighting systems from the criteria of this
code simply because the building or space is unconditioned.
202 202 Definitions Includes new definitions for the following:
commercial building, luminaire, multiple single-family dwelling (townhouse).
heat rejection equipment, residential building (group R-2). residential
building (group R-4), sunroom addition and thermal isolation.
Section Title
2003
2000
402.1
Analysis procedure
402.2.2
Proposed design
402.1.2
402.2.2.1
Orientation for groups of
buildings
402.2.3.11
Heating and cooling
equipment efficiency,
standard design
Change
New section provides for more consistent and repeatable specification for
the standard design home.
Where an energy end-use for the proposed design, such as space heating
or domestic water, is provided by renewable energy sources, the standard
design is required to assume an equipment type using a nonrenewable
energy source common to the region.
This new section recognizes that building energy consumption is affected by
orientation, and that changes of 450 are significant. The worst possible
orientation of the proposed design must be considered.
Heating and cooling equipment in the standard design must meet the
minimum efficiency requirements of chapter 5 [[.e. HSPF of 6.8 (air-cooled
heat pump) or AFUE 78 percent (gas-fired furnace) or 80 percent (gas-fired
boiler) or 10 SEER (air-cooled air conditioner)].
Section Title
502.1.4.1
Table
502.1.4.1
Allowable air leakage
rates
502.2.1.2
502.2.1.3
502.2.1.2
502.2.1.3
Roof/ceiling
Floors over unheated
spaces
502.2.4
502.2.4
Compliance by
prescriptive specification
Tables
502.2.4(1 )
through
5022.4(9)
Tables
502.2.4(1 )
through
502.2.4(9)
Prescriptive building
envelope requirement
tables
A new standard for determining window and door air leakage, NFRC 400, is
added.
Equations and correction factor tables are added to analyze envelope
roof/ceiling and floor assemblies that contain truss-type or C-shaped,
cold-formed steel framing.
Glazed windows, doors and skylights are permitted to meet the maximum
U-factor requirements on an area-weighted basis.
The prescriptive tables are revised to clearly associate climate zone
designations with the appropriate heating degree-day references.
502.2.5 502.2.5 Prescriptive path for Revisions relax glazing U-factors, ceiling and wall requirements for thermally
additions and window isolated sunroom additions less that 500 f\.2 in area.
replacements Note that sunroom additions to single family houses constructed in
accordance with the IRC will likely exceed the 15% glazing area threshold
when considered in aggregate with the glazing area of the existing home.
Such additions would thereby be subject to the envelope compliance
methods of the IECC.
Table Table Minimum duct insulation Revisions to residential duct insulation requirements reflect new insulation
503.3.3.3 503.3.3.3 levels and distinguish between supply and return ducts.
503.3.3.4 503.3.3.4 Duct construction The use of the terms "LOW" and "HIGH" as applied to velocity or pressure in
duct systems is arbitrary and have been discontinued by SMACNA.
Revisions serve to clarify duct sealing provisions by clearly stating the static
pressure classification of the dust systems in question.
Duct construction pressure classifications in accordance with the
International Mechanical CodeO(IMCO)shall be clearly indicated on the
construction documents.
503.3.3.4.3 503.3.3.4.3 Sealing required Revisions to duct sealing requirements distinguish between listed and
unlisted pressure-sensitive tapes. The change prohibits the use of "unlisted"
pressure-sensitive duct tape for "metal-to-metal" duct construction service.
Code Section
Section Title
2000
601.3.2.2
601.3.2.2
Air leakage
A new standard for determining window and door air leakage, NFRC 400, is
added.
602.1
602.1
Thermal performance
criteria
Glazed windows, doors and skylights are permitted to meet the maximum
U-factor requirements on an area-weighted basis.
Table 602.1
Table 602.1
Simplified prescriptive
building envelope thermal
component criteria
The simplified prescriptive tables are revised to clearly associate climate
zone designations with the appropriate heating degree-day references.
602.1.2.1
602.1.4.1
Steel-framed ceiling
Steel-framed floors
Correction factor tables are added to analyze envelope ceiling and floor
assemblies that contain truss-type or C-shaped, cold-formed steel framing.
602.1.11
Moisture control
New section provides requirements for the installation of a vapor barrier in
exterior walls.
602.1.12
Recessed lighting fixtures
Provisions for air-tight, recessed lighting fixtures installed in the building
envelope are added.
605.1
Electrical energy
consumption
Separate metering of electrical energy consumption for individual dwelling
units is required.
2
Code Section
Section Title Change
2003 2000
701.1 701.1 Scope For commercial buildings. ASHRAE 90.1-2001 is now a suitable alternative
to design by acceptable practice in accordance with Chapter 8. Previous
editions of the IECC had refered to either the 1989 standard, its codified
counterpart published in 1993 or the 1999 standard.
Code Section
Section Title Change
2003 2000
802.3 802.3 Air leakage Two new standards for determining air leakage of fenestration products,
101/1.S.2/NAFS and NFRC 400 are added. The revisions move curtain walls
to a new section with store front glazing and commercial-glazed entrance
doors.
8023.4 Dampeffi~~g~l~fue New section requires nonmechanical systems, including gravity hoods,
building envelope wind-driven roof ventilators and similar outdoor air or exhaust gravity vents
serving conditioned spaces, to be equipped with motorized dampers tested
in accordance with AMCA 500.
802.3.5 Loading dock weather New requirements have implications to such topics as weather seals for
seals loading dock doors, vestibules and infiltration and leakage through recessed
802.3.6 Vestibules lighting fixtures.
802.3.7 Recessed lighting
fixtures
803.2.3.1 803.2.3.1 Temperature controls Revised to recognize circumstances where controls for terminal
heatinglcooling units are either built-in or where setback capabilities become
impractical (e.g., hotel guest-rooms).
803.2.6 803.2.6 Cooling with outdoor air Revised to require economizers on systems as low as 65,000 btulh
803.3.5 803.3.5 Economizers
803.2.2 803.2.2 HVAC equipment Revisions to efficiency requirements provide for energy equivalency
803.3.2 803.3.2 performance between Chapter 7 and Chapter 8 of the IECC. Many efficiency gains are
requirements required at the point of manufacture or eventually by other pre-emptive
federal requirements.
Table 804.2 Minimum performance of Part-load performance values for air conditioners >65,000 and < 240,000
Btu/h are removed. Other implications provide special requirements for
water heating equipment chillers selected at non-standard conditions and efficiency requirements for
gas and oil-fired pool heaters.
803.2.8 803.2.8 Duct construction Revisions serve to clarify duct sealing provisions by clearly stating the static
pressure classification of the duct systems in question.
803.3.3.7.1 Three pipe system New hydronic system provisions require sequencing of multiplepackaged
803.3.3.7.2 Two-pipe changeover boilers, minimizing wasted energy in two-pipe changeover systems and
system flatly prohibiting the use of so-called three-pipe systems.
803.3.3.7.3 Hydronic (water loop)
heat pump system
803.3.3.8 Heat rejection equipment New provision requires at least a two-speed fan control on motors 7.5 HP or
fan speed control larger (e.g.. open cooling towers. air-cooled condensers, evaporative
condensers)
803.3.4 803.3.4 Requirements for Revised to clarify the minimum air volume requirements for specific VAV
complex mechanical zones, as well as whether individual zones or entire systems are exempt
systems serving multiple from the VAV requirement.
zones
803.3.9 Heat recovery for service This new provision requires heat recovery from the condenser side of
water heating water-cooled systems for preheating service hot water in large, 24-hour
facilities (e.g. 1000+ bed hospital or prison, 75+ room hotel, or commercial
kitchens).
805.2.2.1 805.2.1.1 Light reduction controls Revised to specify methods for obtaining bilevellight reduction in a
"reasonably uniform" pattern.
805.2.2.2 Automatic lighting shutoff New section requires automatic "lights-out"' off-hour controls for buildings
greater than 5,000 square feet in gross floor area. Provisions for occupant
override and holiday scheduling are included.
805.4 Exit signs New section limits connected lighting power for internally illuminated exit
signs to 5W/ square feet.
Table 80552 Table 805.5.2 Interior lighting power Revisions add 12 new "entire building" categories for power density:
automotive, convention center, court house, dormitory, hotel function, motel,
multifamily, parking garage, penitentiary, police/fire, post office and
transportation. The additional building types allow more users to use
Chapter 8 methods for lighting power rather than Chapter 7.
Change
Figures
902.1(1)
through
902.1(51)
Figures
302.1(1)
through
302.1(51)
State climate maps
State climate maps for use with climate-dependent requirements in Chapters
5, 6 and 8 were relocated from Chapter 3 to a new Chapter 9 to improve the
utility of the code book.
2003 I-Code Premiere: International Energy Conservation Code published by International Code Council, Inc. Professional
Development Services 4051 West Flossmoor Road Country Ctub Hitls. It. 60478-5795 U.S.A. Phone (800) 2 I 4-432 t
Fax (708) 799-265 I http://www.iccsafe.org/training Copyright October 2003
4
International Zoning Code
Code Section
Change
2003 2000
New exception for existing buildings undergoing repair. alteration or addition,
1013 1013 Scope and change of occupancy shall be permitted to comply with the International
Existing Building Code.
Change
2003
2000
801,2.4
Accessible spaces
Provides for accessible parking spaces and passenger loading zoning in
accordance with the building code and ICC A 117.1
801,3.1
Width
A new exception has been added to allow parking spaces designed in
accordance with ICC A 117.1
801.4.3
801.4.3
Stall access
Section title change from Stall Accessibility. Minor wording change in this
section. The word "accessible" was changed to "accessed" in the first
sentence. Meaning remains the same.
1103.3
1103.3
Additions
This section had new language added and parking areas for all additions to
nonconforming structures.
Update to 2003: International Zoning Code published by International Code Council. Inc. Professional Development
Services 4051 West Flossmoor Road Country Club Hills. IL 60478-5795 U.S.A.
Phone (800) 214-4J21 Fax (708) 799-2651 http://www.iccsafe.org/training Copyright September 200J
Review of the NFPA document comparinq NFPA 5000 and the 2000 IBC that
was presented by N PF A to the city of Mesa AZ - Conover/F arvardin - 02-18-03
The following are comments on random portions of the above document. Time
did not permit a complete and exhaustive review, although one is recommended
if ICC is to take further action to counter this document.
The document has numerous errors. The format of the document and manner in
which the comparison is presented is really misleading. The most obvious and
misleading problem with the document is the numerous times NFPA indicates
that the IBC has "no requirements" when it fact the IBC or other I-Codes do. For
the city officials that reviewed this "comparison" in Mesa AZ it is likely they would
not delve into all the details behind the comparison and simply take the
comparison at face value; most importantly the myriad times "no requirements"
shows up in the document. Someone not familiar with both codes and the
complexity of comparing their provisions would simply conclude that the ICC is
clearly a substandard document. A quick scan of the document suggests that
25% of the identified NFPA 5000 sections have a corresponding "no
requirements" in the ICC column.
This document is damaging to the ICC, will have an adverse effect on the
interests of the ICC and consideration should be given to taking some form of
"cease and desist" action against NFPA. At a minimum the ICC should prepare
and publish a rebuttal review.
Random examples of errors are presented below. Section numbers below refer
to those for the NFPA 5000 listed in the first column of the comparison. Most of
those below address situations where NFPA indicates that the IBC has "no
provisions" .
1.3.3 - The IBC does have provisions for moved buildings in section 101.2 where
movement of buildings is noted. The IBC would also apply to an existing building
after movement as that activity woul.? be.co~~i?ered a renovation subjectto the
code. Chapter 34 hasa!:)ectionrequiring moved buildings to be broughtupto
code as for new structures.
1.4 - The NFPA document infers that there are such requirements but a review
of NFPA 5000 only finds they are "reserved" (e.g. NFPA has not requirements
either). Following that logic anyone could publish an outline of a code and look
good. What such requirements?
1.5.3 - The IBC has requirements. IBC section 104.11 is all about alternatives.
Section 104.10 is also about modifications and allows the code official more
flexibility than 104.11.
15.5 - The IBC has requirements. IBC section 104.11 is all about systems,
materials and methods. The problem that this highlights that will be carried
throughout the document is that the section outline of the NFPA 5000 document
is laid out in the first column and then the document attempts to match section
headings and titles in the IBC with that NFPA list. Because the two documents
have clear differences in outline and approach a comparison based on section
headings, instead of issues, will be misleading. This approach does not allow for
a thorough comparison and because the NFPA did not spend the time to find the
comparative criteria in the IBC the terms "no requirements" arise repeatedly
when they should not.
1.5.7 - The IBC does specify a period for retention of records. It refers to that
period applicable to public records as set by the state or local agency adopting
the code.
1.5.8 The IBC does have provisions for appeals in section 112.
1.6 - The IBC includes soft conversion of units throughout but does not have a
written policy on such in the body of the code. ANSI may have a requirement
that standards contain a statement on unit conversions.
1.7.1.5 The I BC does have provisions in section 110 and the I PMC also covers
the issues of unlawful use. That raises another problem with the comparison. It
only covers the NFPA 5000 document against the IBC but should really cover the
entire family of I-Codes as they are referenced in the IBC and together form a
complete package. This becomes more pronounced in the sections related to
mechanical systems.
1.7.1.6 - The IBC does have provisions on concealed work in sections 109.1 and
109.3.8.
1.7.5.3.2 - The IPMC covers this issue in section 108.1.
1.7.5.3.5 - The IPMC covers this issue in section 107.
1.7.5.3.6 - Section 115.4 (c) of the IBC specifies posting of a notice of violation.
This is also covered in sections 108.3 and 108.4 of the IPMC. It is worth noting
that this section of the NFPA 5000 document specifies specific prescriptive
mandatory language. The intent of the IBC is to require this but, as fines may be
involved, leave how it is treated to each adopting jurisdiction based on state and
local laws. Because the comparison simply states no requirements the reader is
clearly left with the opinion that the IBC is deficient when in fact there are criteria
and valid reasons for the manner in which this is addressed by the IBC that will
never be known by the reader.
1.7.5.3.7 - Emergency action is covered in section 109.2 of the IPMC. It is
interesting to note that the AHJ can order occupants to vacate a building for
unsafe conditions. The definition of AHJ in NFPA 5000, however, only includes
the scope of approving equipment, materials, an installation or a procedure. It
would appear that the intent of 1.7.5.3.7 with respect to emergency action to
vacate and possibly fix a building is broader in scope than that provided to the
AHJ in the definition of AHJ.
1.7.6.1.1.3 - The comparison leads the reader to believe that the I-Codes do not
have provisions for buildings in flood hazard areas. The section in question
deals with permits and with respect to flooding covers special conditions for
putting temporary structures in a flood hazard area. As such the presentation of
the information in the document is misleading.
1.7.6.1.2 - Section 105.4 of the IBe does cover this issue.
1.7.6.2.2 The zoning code would typically cover this issue, not the building
code.
1.7.6.2.4 - The issue of building relocation is covered in section 103.3 of
Appendix D of the IBC. The movement of a building is also covered in section
105.1 of the I BC, and Chapter 34.
1.7.6.2.5 -Demolition is covered by sections 107 and 110 of the IPMC.
1.7.6.8.2 - The issue of authorization of an existing occupancy is covered in
sections 101.2 and 101.3 of the IPMC.
1.7.6.8.6 - After this line in the document there are a number of instances noted
where the NFPA 5000 document does not cover certain items. Many of these
items not covered by the NFPA are serious omissions. Others are covered but
the person doing the comparison was not aware of them. For instance section
101.4 of the I BC adopts other codes. This is done in section 2.2 of the NFPA
5000 but by saying they are not covered in chapter 1, which is true, and not
saying where they are covered the author leads the reader into thinking that
there are no such requirements in the NFPA document. This example, while in
favor of the ICC, goes to the credibility of the document as a whole.
Chapter 4 - The NFPA document lists out key sections and titles in NFPA 5000
and then prefaces the presentation by saying there is no corresponding chapter.
This is true but misleading in that it does not go further to say where comparable
provisions are located in the I-Codes. For instance section 101.3 of the IBC
covers the goals and objectives of the code in a manner similar to section 4.1 of
NFPA 5000. A review of all the subsections in section 4.1 also shows they mirror
the IBPC in intent. This would not be caught in just looking at the IBC instead of
all the codes in the I-Code family. Section 4.2 is informational in nature and is
not a requirement. Showing that section with no comparable IBC section is also
misleading. Section 4.3 establishes the option to use prescriptive or
performance approaches. The document is misleading by saying the ICC has no
corresponding chapter. The IBC is the prescriptive approach and the IBPC is the
performance option along with section 104.11 of the IBC on alternative materials
and methods. Again, in this instance the reader is left with an incorrect feeling
that an issue is addressed by the NFPA but not the ICC.
Chapter 5 - The NFPA document essentially says the ICC has no performance
based option. Section 104.11 of the IBC is such an option as is the IBPC. The
IBPC would not necessarily have to be referenced in the IBC as under section
104.11 of the I BC the code official could use the I BPC as the litmus test for
equivalent performance already.
7.1.2 - The NFPA 5000 refers to applicable codes on the issue of electrical,
plumbing and mechanical matters and then the document says the ICC has no
such requirements. The IMC, NEC and IPC, as referenced by the IBC, provide
those requirements. The document is very misleading in this instance.
7.1.3 The I BC does have provisions for protection of exterior walls and
openings in those walls.
7.1.5 -Fire department access should be covered in the zoning or fire code. A
statement of no requirements in misleading. It is covered in thefire code!
7.2.7 - The IBC does have fire resistance protection requirements for structural
elements. The document is really misleading because the reader is left with the
feeling that the IBC has no such provisions.
7.3.3 - The issue is addressed in section 704.11 of the IBC.
7.3.4 - This is the definition of fire separation distance, which is covered in
section 702.1 of the IBC.
7.4.1.1 - This is covered in section 302.3 of the IBC.
7.4.1.2 - This is covered in table 302.3.3 of the IBC.
7.4.2.3 and 7.4.3.4 - These sections allow for multiple types of construction to be
used in a building but in doing so they limit the area and height of the building to
the most restrictive of the construction types used. To say that the IBC has no
such requirements are misleading (See sections 602.1 &602.1.1). The IBC
contains minimum provisions while in this situation the NFPA 5000 contains
minimum provisions and also seems to indicate that if someone were to partially
exceed those provisions they still have to meet the minimum code requirements.
It would seem that NFPA 5000 is covering a permissive situation that could exist
and be addressed in the IBC as well (e.g. the building could be designed to the
minimum in the code and if the designer chose to use a better type of
construction in part of the building they could to that but the end result with the
I BC would still be the same - height and area would be based on the more
restrictive of the multiple construction types).
7.4.3 et. al. - These issues are covered in table 503 and section 502.1 of the
IBe
7.5.2 - This is covered in section 504.2 of the IBC.
7.6.3.3 - The two story storage building situation is covered in section 507.3 of
the IBC and the single story storage building situation is covered in section 507.2
of the IBC. This part of the document is simply in error and misleading. As
presented the document really says that "the IBC has no requirements for
sprinklering one or two story storage buildings" when in fact that is not true (See
903.2.10-903.2.12).
8.3.2.2 - The title of this section in the NFPA 5000 code is not design loads. A
review of the NFPA text also shows it to be permissive. Section 705.2 of the IBC
would address the structural stability of fire walls but as presented the document
misleads the reader that the NFPA 5000 has something that it does not and the
IBC is completely moot on the issue.
8.3.2.10.1 - Section 705.6, exceptions 2 to 6, of the IBC covers this issue.
13.2 Sections 3202.2 and 3202.3 would appear to address projections into
alleys.
13.3 - Section 3202.1 would apply to space below sidewalks.
49.2.1 - NFPA 5000 does not require all rooms be continuously provided with
required ventilation while occupied. The I-Codes do have requirements as
section 1202.4 of IBC and Chapter 4 of the IMC essentially require the same
thing as NFPA 5000.
49.2.2 The IMC provides comparable requirements. Note that NFPA 5000
references ASHRAE 62 and as such the user of the NFPA 5000 must get a copy
of that document, which is a standard, and try and apply it with the provisions of
the NFPA 5000. The IMC contains the actual ventilation rates in the code and
the user does not need to rely on another standard. Of particular important, as
ASHRAE is separately responsible for updating standard 62, the folks at NFPA
will always be relying on the ASH RAE process to provide them appropriate
ventilation criteria. The ICC need rely only on the ICC code change process for
such updating.
49.2.3 - The IMC provides comparable requirements.
49.2.4 to 49.2.6 - The I-Codes do provide requirements for these issues.
49.7 - The IMC and IECC contain design conditions as does the IBC in requiring
an interior design of 68 F at a point 3 ft. above the floor and 2 ft. away from an
exterior wall.
Chapter 51 The document is misleading by saying "no requirements other than
the IECC". An unbiased review would simply refer to the IECC and omit "no
requirements other than". A review of the document shows that it is wrong.
NFPA 5000 references ASHRAE 90.1 for "commercial" buildings and provides
detailed requirements for one and two family dwellings (not commercial as noted
in the document). The detailed provisions for one and two family dwellings in
NFPA 5000 are similarly contained in the IRC, something not noted in the
document.
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S:\Our Documents\Ordinances\06\Building Code Ordinance.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 28-
27 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE
2003 INTERNATIONAL BUILDING CODE, 2003 INTERNATIONAL
RESIDENTIAL CODE FOR ONE AND TWO FAMILY DWELLINGS, 2003
INTERNATIONAL FUEL GAS CODE, 2003 INTERNATIONAL PLUMBING CODE,
AND THE 2003 INTERNATIONAL MECHANICAL CODE ALL PUBLISHED BY
THE INTERNAIONAL CODE COUNCIL; REGULATING AND GOVERNING THE
CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS AND
STRUCTURES; BY PROVIDING THE STANDARDS FOR SUPPLIED UTILITIES
AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDITIONS
ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT
FOR OCCUPANCY AND USE; PROVIDING FOR THE CONDEMNATION OF
BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCUPANCY,
PROVIDING FOR THE REGULATION AND GOVERNING OF THE
CONSTRUCTION, ALTERING, MOVEMENT, ENLARGEMENT, REPLACEMENT,
REPAIR, EQUIPMENT LOCATION, REMOVAL AND DEMOLITION OF
DETACHED ONE AND TWO FAMILY DWELLINGS AND MULTIPLE SINGLE
F AMIL Y DWELLINGS NOT MORE THAN THREE STORIES IN HEIGHT WITH
SEPARATE MEANS OF EGRESS; PROVIDING THE REGULATION AND
GOVERNING OF THE DESIGN CONSTRUCTION, QUALITY OF MATERIALS,
ERECTION, INSTALLATION, ALTERATION, REPAIRS, LOCATION,
RELOCATION, REPLACEMENT, ADDITION TO, USE OR MAINTENANCE OF
PLUMBING AND MECHANICAL SYSTEMS IN THE CITY OF DENTON, TEXAS;
PROVIDING FOR THE REGULATION AND GOVERNING OF FUEL GAS
SYSTEMS AND GAS FIRED APPLIANCES; PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES THEREOF; PROVIDING FOR
AMENDMENTS THERETO; PROVIDING FOR A PENALTY FOR VIOLATION OF
A FINE NOT TO EXCEED $2,000.00; PROVIDING FOR A SEVERABILITY
CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING FOR AN EFFECTIVE DATE.
SECTION 1. That Chapter 28, Section 28-27. of the Code of Ordinances of the
City of Denton is hereby amended so that said section shall hereafter be and read as
follows: Adoption of the building code. The International Building Code, 2003 Edition,
as published by the International Code COllllCil, a copy of which shall be filed in the
Office of the City Secretary and available for public inspection, is hereby adopted and
designated as the building code for other than 1 & 2 family dwellings for the city, the
same as though the edition of such code were copied at length herein subject to the
deletions and amendments enumerated in section 28-28; That Chapter 28, Section 28-33
of the Code or Ordinances of the City of Denton is hereby added so that said section shall
hereafter be and read as follows: Adoption of the residential code. The International
Residential Code with Appendix G, 2003 edition as published by the International Code
Council, a copy which shall be filed in the Office of the City Secretary and available for
public inspection, is hereby adopted and designated as the residential code for the city,
the same as though the edition of such code were copied at length herein subject to the
deletions and amendments enumerated in section 28-34. That Chapter 28, Section 28-123
of the Code or Ordinances of the City of Denton is hereby added so that said section shall
hereafter be and read as follows: Adoption of the fuel gas code. The International Fuel
Gas Code, 2003 edition as published by the International Code COlmcil, a copy which
shall be filed in the Office of the City Secretary and available for public inspection, is
hereby adopted and designated as the fuel gas code for the city, the same as though the
edition of such code were copied at length herein subject to the deletions and
amendments enumerated in section 28-124. That Chapter 28, Section 28-144 of the Code
or Ordinances of the City of Denton is hereby added so that said section shall hereafter be
and read as follows: Adoption of the plumbing code. The International Plumbing Code,
2003 edition as published by the International Code Council, a copy which shall be filed
in the Office of the City Secretary and available for public inspection, is hereby adopted
and designated as the plumbing code for the city, the same as though the edition of such
code were copied at length herein subject to the deletions and amendments enumerated in
section 28-145. That Chapter 28, Section 28-251 of the Code or Ordinances of the City of
Denton is hereby added so that said section shall hereafter be and read as follows:
Adoption of the mechanical code. The International Mechanical Code, 2003 edition as
published by the International Code Council, a copy which shall be filed in the Office of
the City Secretary and available for public inspection, is hereby adopted and designated
as the mechanical code for the city, the same as though the edition of such code were
copied at length herein subject to the deletions and amendments enumerated in section
28-252.
Section 28-28 is hereby amended to read as follows:
Amendments to the 2003 International Building Code
(1) Section 101.2, exception No. 2/s amended to read as follows:
2. Existing buildings undergoing repair, alterations or additions, and change of occupancy shall
be permitted to comply with the International Existing Building Code with prior approval of the
Building Official. Otherwise see chapter 34.
(2) Section 101.4ls amended to read as follows:
101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.7 and
referenced elsewhere in this code, when specifically adopted, shall be considered part of the
requirements of this code to the prescribed extend of each such reference. Whenever
amendments have been adopted to the referenced codes and standards, each reference to said
code and standard shall be considered to reference the amendments as well. Any reference to
NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted.
Section 103/s amended by adding section 103.1.1 to read as follows:
103.1.1 Police power. The building official and members of the department of building safety
shall have the powers of a police officer when performing their duties under this code.
(3) Section 109.3.5/s deleted.
Section 113.4 is amended to read as follows:
Section 113A Violation Penalties. Persons who shall violate a provision of this code or shall
fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do
2
work in violation of the approved construction documents or directive of the building official, or of
a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor
offense punishable by a fine of not more than $2000.00. Each day that a violation continues after
due notice has been served shall be deemed a separate offense.
Section 114.3 Is amended to read as follows:
Section 114.3 Failure to comply. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine of not less than two hundred ($200) dollars
or more than two thousand ($2000) dollars.
(4) Section 202 is amended by adding a new definition to read as follows:
Option A
HIGH-RISE BUILDING. A building having any floor used for human occupancy located more
than 75 feet (22 860 mm) above the lowest level of fire department vehicle access.
(5) Section 202 is amended by adding a new definition to read as follows:
Option B
HIGH-RISE BUILDING. A building having any floor used for human occupancy located more
than 55 feet (16 764 mm) above the lowest level of fire department vehicle access.
(6) Section 302.1.1 Is amended to read as follows:
302.1.1 Incidental use areas. Spaces which are incidental to the main occupancy shall be
separated or protected, or both, in accordance with Table 302.1.1 Areas that are incidental to the
main occupancy shall be classified in accordance with the main occupancy of the portion of the
building in which the incidental use area is located.
Exception: Incidental use areas within and serving a dwelling unit are not required to
comply with this section.
(7) Section 302.2.1 Is amended to read as follows:
302.2.1 Assembly areas. Accessory assembly areas are not considered separate occupancies if
the floor area is equal to or less than 750 square feet (69.7 m2). Assembly areas that are
accessory to Group E occupancies are exempt from the separation requirements of Table
302.3.2 and are considered Group E occupancies only for the application of Table 503.
Accessory religious educational rooms and religious auditoriums with occupant loads of less than
100 are not considered separate occupancies.
(8) Table 302.3.2; the footnote reference in row R-3, R-4, column U ;s amended to change, from
"d" to "(" and add foot note "f'to read as follows:
f. See Section 406.1.4.
(9) Section 303.1 first paragraph Is amended to read as follows:
303.1 Assembly Group A. {1st four sentences to remain unchanged}. Assembly areas which are
accessory to Group E occupancies are exempt from the separation requirements of Table
302.3.2 and are considered Group E occupancies only for the application of Table 503. {Last
sentence to remain unchanged)
(10) Section 304.1 is amended to add the following to the list of occupancies:
Fire stations
3
Police stations with detention facilities for 5 or less
(11) Section 403.1 is amended by changing the 8rst paragraph and exception 3 to read as
follows:
Option A
403.1 Applicability. The provisions of this section shall apply to buildings having any occupied
floors located more than 75 feet (22 860 mm) above the lowest level of fire department vehicle
access.
(12) Sect/on 403.1 is amended by changing the first paragraph and exception 3 to read as
follows:
Option B
403.1 Applicability. The provisions of this section shall apply to buildings having any occupied
floors located more than 55 feet (16 764 mm) above the lowest level of fire department vehicle
access.
(13) 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1 when
used for open air seating; however, this exception does not apply to accessory uses
including but not limited to sky boxes, restaurants and similarly enclosed areas.
(14) Section 403.2 is amended by deleting exception #2.
(15) Section 404.1.1 Is amended by Changing the definition of "Atrium" as follows:
ATRIUM. An opening connecting three or more stories . . . {Balance remains
unchanged}
(16) Section 406.1.4 Is amended to add item #4 to read as follows:
4. A separation is not required between a Group R-2 and U carport provided that the
carport is entirely open on all sides and that the distance between the two is at least
10 feet (3048 mm).
(17) Section 406.6.1 is amended to add a second paragraph to read as follows:
This occupancy shall include garages involved in servicing of motor vehicles for items such as
lube changes, inspections, windshield repair or replacement, shocks, minor part replacement and
other such non-major repair. When the repair garage is only involved in such minor repair, it
need not comply with Section 406.6.2.
(18) Section 506.2.2 is amended to add a sentence to read as follows:
In order to be considered as accessible, if not in direct contact with a street or fire lane, a
minimum 10-foot wide pathway from the street or approved fire lane must be provided. (See
International Fire Code Section 503.1.1 for hose lay measurement pathway requirements.)
(19) Table 602; amend footnote b by the addition of the following sentence:
b. Group R-3 and Group U when used as accessory to Group R-3, as applicable in
101.2 shall be required to have a fire-resistance rating where fire separation distance
is 3 feet or more. Group R-2 and Group U carport, as applicable in 406.1.4,
exception 4 shall be required to have a fire-resistance rating where fire separation
distance is 10 feet or less.
(20) Section 705.11 Is amended by changing the exception to read as follows:
Exception: For other than hazardous exhaust ducts, penetrations by ducts and air transfer
openings of . . . {remainder of exception unchanged}.
(21) Section 707.2 Is amended by changing exception number 7 as follows:
4
7.4 Is separated from floor openings... {remainder of exception unchanged}
(22) Section 716.5.2 Is amended by adding exception #4 to read as follows:
4. In the duct penetration of the separation between the private garage and its residence
when constructed in accordance with Section 406.1.4, exception #2.
(23) Section 901.3 Is amended by changing Building Official to read Fire Marshal or his
representative.
(24) Section 901.5 Is amended by changing Building Official to read Fire Marshal or his
representative.
(25) Section 901.6.3 is amended by changing Building Official to read Fire Marshal or his
representative.
(26) Sections 902-908 & Section 910 shall confonn to the requirements of the 2003
International Fire Code.
(27) Section 1008.1.3.4 is amended by adding criteria #7 as follows:
7. If a full building smoke detection system is not provided, approved smoke detectors shall
be provided on both the access and egress sides of doors and in a location approved by
the authority having jurisdiction of NFPA 72. Actuation of a smoke detector shall
automatically unlock the door.
(28) Section 1016.1/s amended by adding an exception #5 to read as follows:
5. In Group B office buildings, corridor walls and ceilings need not be of fire-resistive construction
within office spaces of a single tenant when the space is equipped with an approved automatic
smoke-<letection system within the corridor. The actuation of any detector shall activate alarms
audible in all areas served by the corridor. The smoke-detection system shall be connected to
the building's fire alarm system where such a system is provided.
(29) Section 1019.1.8 Is amended to read as follows:
Option A
1019.1.8 Smokeproof enclosures. In buildings required to comply with Section 403 or 405,
each of the exits of a building that serves stories where any floor surface is located more than 75
feet (22 860 mm) above the lowest level of fire. . . {remainder of section unchanged}
(30) Section 1019.1.8 is amended to read as follows:
Option B
1019.1.8 Smokeproof enclosures. In buildings required to comply with Section 403 or 405,
each of the exits of a building that serves stories where any floor surface is located more than 55
feet (16764 mm) above the lowest level of fire. . . {remainder of section unchanged}.
(31) Section 1101.2/s amended to add an exception to read as follows:
Exception: Buildings regulated under State Law and built in accordance with State certified
plans, including any variances or waivers granted by the State, shall be deemed to be in
cDmpliance with the requirements of this Chapter.
(32) Section 1109.2.1 is amended to read as follows:
1109.2.1 Unisex toilet and bathing rooms. In assembly and mercantile occupancies, an
accessible unisex toilet room shall be provided where an aggregate of six or more male or female
water closets is provided. In buildings of mixed occupancy, only those water closets. . .
{remainder of section unchanged}.
5
(33) Section 1210.2, exception #2 is amended to read as follows:
2. Toilet rooms that are not accessible to the public and which have not more than one water
closet; provided that walls around urinals comply with the minimum surrounding material specified
by Section 419.3 of the International Plumbing Code.
(34) Section 1403.3 is amended to read as follows:
1403.3 Vapor retarder. In all framed walls, floors and roof/ceilings comprising elements of the
building thermal envelope, a vapor retarder, when installed, shall be installed in a manner so as
to not trap moisture. Vapor retarders shall be tested in accordance with ASTM E 96.
(delete all exceptions)
(35) Table 1505.1 Is amended by replacing footnotes band c with the following:
b. All individual replacement shingles or shakes shall be in compliance with the rating
required by this table.
c. Non-classified roof coverings shall be permitted on buildings of U occupancies having
not more than 120 sq.ft. of projected roof area. When exceeding 120 sq.ft of
projected roof area, buildings of U occupancies may use non-rated non-combustible
roof coverings.
(36) Section 1505.7 Is deleted.
(37) Section 2308 Is amended by adding Section 2308.2.3 to read as follows:
2308.2.3 Application to engineered design. When accepted by the Building Official, any
portion of this section is permitted to apply to buildings that are otherwise outside the limitations
of this section provided that:
1. The resulting design will comply with the requirements specified in Chapter 16;
2. The load limitations of various elements of this section are not exceeded; and
3. The portions of this section which will apply are identified by an engineer in the
construction documents.
(38) Section 2901.1 is amended by adding a sentence to read as follows:
The provisions of this Chapter are meant to work in coordination with the provisions of Chapter 4
of the International Plumbing Code. Should any conflicts arise between the two chapters, the
Building Official shall determine which provision applies.
(39) Section 2902. f and 2902.1. f are amended to read as follows and by adding sub
sections:
2902.1 Minimum number of fIXtures. Plumbing fixtures shall be provided for the type of
occupancy and in the minimum number as follows:
1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor
level in an approved location.
Exception: A drinking fountain need not be provided in a drinking or dining
establishment.
2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where
persons are employed shall be provided with at least one water closet for each sex
except as provided for in Section 2902.2.
3. Group E Occupancies: Shall be provided with fixtures as shown in Table 2902.1.
4. Group R Occupancies: Shall be provided with fixtures as shown in Table 2902.1.
6
It is recommended, but not required, that the minimum number of fixtures provided also comply
with the number shown in Table 2902.1. Types of occupancies not shown in Table 2902.1 shall
be considered individually by the code official. The number of occupants shall be determined by
this code. Occupancy classification shall be determined in accordance with Chapter 3.
2902.2 Finish material. Finish materials shall comply with Section 1210.
Amendments to the 2003 International Residential Code
(1) Section R102.41s amended to read as follows:
R102.4 Referenced codes and standards. The codes, when specifically adopted, and
standards referenced in this code shall be considered part of the requirements of this code to the
prescribed extent of each such reference. Whenever amendments have been adopted to the
referenced codes and standards, each reference to said code and standard shall be considered
to reference the amendments as well. Any reference made to NFPA 70 or the ICC Electrical
Code shall mean the Electrical Code as adopted.
Where differences occur between provisions of this code and referenced codes and standards,
the provisions of this code shall apply.
Exception: Where enforcement. . . {remainder of except;on unchanged.}. . . .
(2) Section R105.2, Item #1 Is amended to read as follows:
1. One-story detached accessory structures, provided the floor area does not exceed
120 square feet (11.15 m2).
(3) Section R109.1.3Is amended to read as follows:
R109.1.3 Floodplain inspections. For construction permitted in areas prone to flooding as
established by Table R301.2(1), upon . . . {bulk of sect;on unchanged} . . . construction, the
building official may require submission. . . {remainder of section unchanged}.
(4) Section R110 (R110.1 through R110.4) Is deleted.
(5) Sections R112.2.1 & R1112.2.2 are deleted.
(6) Section R202 is amended to change the definition of "Townhouse" to read as follows:
TOWNHOUSE. A single-family dwelling unit constructed in a group of attached units separated
by property lines in which each unit extends from foundation to roof and with open space on at
least two sides.
(7) Section R202 is amended to add a definition of "Naturally durable wood" as follows:
NATURALLY DURABLE WOOD. The heartwood of the following species with the exception that
an occasional piece with corner sapwood is permitted if 90 percent or more of the width of each
side on which it occurs is heartwood.
Decay resistant. Redwood, cedars, black locust and black walnut.
Tennite resistant. Redwood and Eastern red cedar.
7
(8) Table R301.2(1) is amended by filling In as follows:
GROUND SNOW
LOAD
51bl
WIND SPEED (mph)
SEISMIC DESIGN CATEGOR
90
A
WINTER ICE SHIELD UNDER- FLOOD AIR FREEZING MEAN ANNUAL
DESIGN TEMpfe LAYMENT HAZARDSR9 INDEXji TEMP!Ij
REQUIREDih
220F No local code 690F 64.9 F
For SI: 1 pound per square foot = 0.0479 kN/m.02, 1 mile per hour = 1.609 km/h.
a. No revisions.
b. No revisions.
c. No revisions.
d. No further revisions.
e. No further revisions.
f. No further revisions.
g. No further revisions.
h. No further revisions.
i. No further revisions.
j. No further revisions.
(9) Figure R301.2(7) Is deleted and renumber figures as needed.
(10) Section R302.1 is amended by adding a second exception as follows:
Exceptions:
1. Tool and storage sheds, playhouses and similar structures exempted from permits by
Section R105.2 are not required to provide wall protection based on location on the
lot. Projections beyond the exterior wall shall not extend over the lot line.
2. Open metal carport structures may be constructed within zero (0) feet of the property
line without fire-resistive or opening protection when the location of such is approved
as required by other adopted ordinances.
(11) Section R303.3, exception Is amended to read as follows:
Exception: The glazed areas shall not be required where artificial light and a mechanical
ventilation system, complying with one of the following, are provided.
1. The minimum ventilation rates shall be 50 cfm (23.6 Us) for intermittent ventilation or
20 cfm (9.4 Us) for continuous ventilation. Ventilation air from the space shall be
exhausted directly to the outside.
2. Bathrooms that contain only a water closet, lavatory or combination thereof may be
ventilated with an approved mechanical recirculating fan or similar device designed to
remove odors from the air.
(12) Section R303.8 Is amended to read as follows:
R303.8 Required heating. Every dwelling unit shall be provided with heating facilities capable of
maintaining a minimum room temperature of 680F (200C) at a point 3 feet (914 mm) above the
floor and 2 feet (610 mm) from exterior walls in all habitable rooms at the design temperature.
(Remainder of section unchanged)
8
(13) Section R311.2.2 is amended to read as follows:
R311.2.2 Under stair protection. Enclosed accessible space under stairs shall have walls,
under stair surface and any soffits protected on the enclosed side with 5/8-inch (15.8 mm) fire-
rated gypsum board or one~hour fire-resistive construction.
(14) Section R317.1 /s amended by adding a second exception to read as follows:
Exceptions:
1. {existing exception unChanged}
2. Two-family dwelling units that are also divided by a property line through the structure
shall be separated as required for townhouses.
(15) Section R318 is deleted.
(16) Sect/ons R319 and R320 are amended to read as follows:
Revise Section R319. 1 to read as follows:
R319.1 Location required. Protection from decay shall be provided in the following
locations by the use of naturally durable wood or wood that is pressure preservatively
treated in accordance with AWPA C1, C2, C3, C4, C9, C15, C18, C22, C23, C24, C28,
C31, C33, P1, P2, and P3, or
1. No revision.
2. No revision.
3. No revision.
4. No revision.
5. No revision.
6. No revision.
7. No revision.
R319.1.1 Field treatment. Field cut ends, notches and drilled holes of pressure
preservatively treated wood shall be retreated in the field in accordance with AWPA M4.
Renumber existing sections R319.1.1 (Ground contact) through R319.1.4 (Wood
columns).
Delete Section R320.1 and substitute the following:
R320.1 Subterranean termite control. In areas favorable to termite damage as
established by Table R 301.2 (1), methods of protection shall be by one of the following:
Chemical soil treatment, pressure preservatively treated wood in accordance with the
AWPA standards listed in Section R319.1, naturally termite-resistant wood or physical
barriers (such as metal or plastic termite shields), or any combination of these methods.
R 320.1.1 Pressure preservatively treated or naturally durable wood shall be
provided as per HUD standards. Pressure perservatively treated wood shall be
treated in accordance with the standards cited in R 319.1.
R 320.1.1.1 Quality Mark. Lumber and plywood required to be pressure
preservatively treated in accordance with R324.1 shall bear the quality mark of
an approved inspection agency which maintains continuing supervision, testing,
and inspection over the quality of the product and which has been approved by
an accreditation body which complies with the requirements of the American
Lumber Standards Committee treated wood program.
9
R320.1.1.2 Field treatment Field cut ends, notches and drilled holes of
pressure preservatively treated wood shall be retreated in the field in accordance
with AWPA M4.
Revise sections R320.2 through R320.4 as follOws:
R320.1.2 Pesticide treatment. The concentrations, rate of application and
treatment methods of the termiticide shall be consistent with the termiticide label.
Pesticide treatment shall be provided using methods approved by the
Environmental Protection Agency and the Texas Structural Pest Control Board.
R320.1.3 Physical Baniera. Physical barriers shall be installed as recognized
by Texas Structural Pest Control Board.
R320.2 Foam plastic protection. (Remainder of section unchanged.)
(11) Section R323.1/s amended to read as follows:
R323.1 General. Buildings and structures, when permitted to be constructed in flood hazard
areas. . . {bulk of section unchanged} . . . shall be designed and constructed as required in
accordance with the provisions contained in this section or by other local provisions as applicable.
(18) Section R602.10.5 is amended by adding the following exception and figure:
Exception: Vertical wall segments in the first of one- or first of two-story buildings next to garage
openings shall be permitted to have a 6: 1 height-to-width ratio (with height being measured from
top of header to sill plate) when constructed in accordance with the following provisions. Each
panel shall have a length of not less than 16 inches (406 mm) and a height of not more than 10
feet (3048 mm). Each panel shall be sheathed on one face with a single layer of 3/8-inch-
minimum-thickness (9.5 mm) wood structural panel sheathing nailed with ad common or
galvanized box nails in accordance with Figure R602.10.5(2). The wood structural panel
sheathing shall extend up over the solid sawn or glued-laminated header and shall be nailed in
accordance with Figure R602.10.5(2). The header shall extend between the inside faces of the
first full.length outer studs of each panel. The clear span of the header between the inner studs
of each panel shall be not less than six feet (1829 mm) and not more than 18 feet (5486 mm) in
length. A strap with an uplift capacity of not less than 1000 pounds (454 kg) shall fasten the
header to the side of the inner studs opposite the sheathing. Two anchor bolts shall be installed
in accordance with Section R403.1.6, and plate washers shall be a minimum of 2 inches by 2
inches by 3/16 inch (51 mm by 51 mm by 4.88 mm) thick and shall be used on each bolt. This
exception is only permitted in Seismic Design Categories A-C.
10
Figure R602.10.5(2)
GARAGE DOOR BRACED WALL PANEL FOR USE WITH CONTINUOUSLY SHEATHED
WALLS
MAX.
HEIGHT
1(1
~'J'E.N TOFH EAtE'R.
30'S' ~N. THICl<1lESS WOOD.
.STRUCluRAL PAN EL SHEATHING
TYP.
. ..... .i-liNG<tQH~DERWITH 8D
:Ailr,tEO\BOXNAII.S IN3'GRID
. N,A,ND3" O.c.rN.ALL
. .S:13~ck'iNG. AND SllLS)1YP.
. WIDTH ~~~.oNe:'1I:jEtG.HT- TO.\IIIID TH RATIO:
FOR12d~l-l~l~.HT,MIN:WlD"H =20". FORoe;
HEIGHT,MIf.,j;WIDTH':'16>.ETc,
S.EE se:ciJON R4Ol1:6..
FORA PANEL SPUCE (IF NEED ED); PANEL
. EDGES SHALL BE BLOCKED, AADOCCUR
WlTHlH24"OF MD.HElGHT. ONE ROW OF
.TYP,SHEAtHIN~lO-FRA;MING NAlUNG IS
REQUIRED.
.IF2m 13LDCKlNGIS USE!), TI'lE2lIA'S
MUST BENAltED TOGETHER WITH 3160
SINKERS
1YP1CAt.cg~flER. ~.TAtL
PER FIGti~E:JW02.1ll.5
(19) Section R703.7.4.1 is amended by adding a second paragraph to read as follows:
For 31'4 square feet (0.302 m2) of wall area, the following dimensions shall be adhered to:
1. When ties are placed on studs 16 in (407 mm) o.c., they shall be spaced no further apart than
29 in (737 mm) vertically starting approximately 15 in (381 mm) from the foundation.
2. When ties are placed on studs 24 in (610 mm) o.c., they shall be spaced no further apart than
19 in (483 mm) vertically starting approximately 10 in (254 mm) from the foundation.
(20) Section 902 is amended by adding Section R902.3 to read as follows:
R902.3 Minimum Roof Class. All roof coverings shall be a minimum Class C. All individual
replacement shingles or shakes shall be a minimum Class C.
exception: Non-classified roof coverings shall be permitted on buildings of U
occupancies having not more than 120 sq.ft. of projected roof area. When exceeding
120 sq.ft. of projected roof area, buildings of U occupancies may use non-rated non-
combustible coverings.
(21) Section R907.1/s amended by adding a sentence to read as follows:
All individual replacement shingles or shakes shall comply with Section R902.3.
(22) Section N1101.2 is amended to read as follows:
N1101.2 Compliance. Compliance with this chapter shall be demonstrated by meeting either one
of the following:
1. Meeting the requirements of this chapter for buildings with a glazing area that does not
exceed 15 percent of the gross area of exterior walls; or
11
2. Meeting the requirements of this chapter for buildings with a glazing area that is greater
than 15 percent but not exceeding 20 percent of the gross area of exterior walls and air
conditioning equipment rated 12 SEER or higher;
3. Meeting the requirements of this chapter for buildings with a glazing area that is greater
than 20 percent but not exceeding 25 percent of the gross area of exterior walls and air
conditioning equipment rated 14 SEER or higher; or
4. Meeting the requirements of the International Energy ConselVation Code for residential
buildings, detached one- and two-family dwellings.
{Remainder of section unchanged}
(23) Section N1101.3 is amended by adding Section N1101.3.4 to read as follows:
N1101.3.4 Exterior basement or slab insulation. When susceptibility to termite damage is
classified as "very heavy" according to Table R301.2(1), designs employing basement or slab
exterior insulation capable of harboring termites shall not be utilized.
(24) Section N1102.1ls amended to read as follows:
N1102.1 Thennal perfonnance criteria. The minimum required insulation R-value or the area-
weighted average maximum required fenestration U-factor (other than opaque doors which are
governed by Section N1102.1.3) for each element in the building thermal envelope (fenestration,
roof/ceiling, opaque wall, floor, slab edge, crawl space wall and basement wall) shall be in
accordance with the criteria in Table N 11 02.1.
Detached one-and-two family dwellings with greater than 25-percent glazing area; townhouses
with greater than 25-percent glazing area; shall determine compliance using the building
envelope requirements of Chapters 4 or 5 of the International Energy ConselVation Code.
(25) Table N1102.1 /s replaced with the following:
TABLE N1102.1
SIMPLIFIED PRESCRIPTIVE BUILDING ENVELOPE THERMAL COMPONENT CRITERIA
MINIMUM REQUIRED THERMAL PERFORMANCE (U-FACTOR AND R-VALUE)
MINIMUM INSULATION R-VALUE [(hr.ft':F)/Btu]
Ceiling
Joist/Roof Walls
Rafter
Assemblv
R-22
MAXIMUM
GLAZING
V-FACTOR
[Btu/(hr.tf:F}]
0.60
Ceilings
open to
Attic
Space
R-38
Floors
Basement
Walls
Slab
perimeter
R-13
R-19
R-7
R-O
Crawl
space
walls
R-13a
a. Crawl space insulation is only required for structures with uninsulated floors.
Use of this table is limited to projects where the cathedral ceiling area is limited to one third or
less of the total ceiling area.
(26) Section N1102.1.6;s amended by deleting the last sentence of the exception.
(27) Section N1102.2;s amended as follows:
N1102.2 Maximum solar heat gain coefficient for fenestration products. The area-weighted-
average solar heat gain coefficient (SHGC) for glazed fenestration installed in locations with
3,500 or fewer heating degree days shall not exceed OAO.
Exceptions:
1. Any glazing facing within 45 degrees of true north;
2. Any glazing facing within 45 degrees of true south which is shaded along its full width by
a permanent overhang with a projection factor of 0.3 or greater.
3. Any fenestration with permanently attached screens where the screens have a rated
shading coefficient of .6 or less.
12
(28) Table N1103.5 is amended to read as follows:
Cooling Systems
FLUID TEMP RANGE rF)
40-55
Below 40
INSULATION THICKNESS
inchesb
.5
1.25
Chilled water, refrigerant or
brine
{Remainder of table unchanged.}
Amend footnote "b" to read as follows:
b. For piping lengths in excess of five (5) feet (1,524 mm) exposed to outdoor air,
increase thickness by 0.5 inch (13 mm).
(29) Section M1305.1.3 is amended to read as follows:
M130S.1.3 Appliances in attics. Attics containing appliances requiring access shall be
provided . . . {bulk of paragraph unchanged} . . . from the opening to the appliance. The
passageway shall have continuous unobstructed solid flooring in accordance with Chapter 5 not
less than 30 inches (762 mm) wide. A level service space at least 30 inches (762 mm) deep and
30 inches (762 mm) wide shall be present along all sides of the appliance where access is
required. The clear access opening dimensions shall be a minimum of 20 inches by 30 inches
(508 mm by 762 mm), or larger where such dimensions are not large enough to allow removal of
the largest appliance. As a minimum, access to the attic space shall be provided by one of the
following:
1. A permanent stair.
2. A pull down stair.
3. An access door from an upper floor level.
Exception: The passageway and level service space are not required where the
appliance is capable of being serviced and removed through the required opening.
(30) Section M1305.1.3.1 is amended by adding a sentence to read as follows:
Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage.
(31) Section M1305.1.4.1 is amended to read as follows:
M1305.1A.1 Ground clearance. Appliances supported from the ground shall be level and firmly
supported on a concrete slab or other approved material extending above the adjoining ground a
minimum of 3 inches (76 mm). Appliances suspended from the floor shall have a clearance of
not less than 6 inches (152 mm) above the ground.
(32) Section M1305.1.4.3 is amended by adding a sentence to read as follows:
Low voltage wiring of 50 Volts or less shall be installed in a manner to prevent physical damage.
(33) Section M1307.3.1Is deleted.
(34) Sect/on M1501.2 is deleted and replaced with the following:
M1501.2 Exhaust duct size. The minimum diameter of the exhaust duct shall be as
recommended by the manufacturer, shall be at least the diameter of the appliance outlet and
shall be a minimum nominal size of 4 inches (102 mm) in diameter. The size of duct shall not be
reduced along its developed length nor at the point of termination.
(35) Section M1501.3 Is amended to read as follows:
13
M1501.3 Length limitation. The maximum length of a clothes dryer exhaust duct shall not
exceed 25 feet (7620 mm) from the dryer location to the wall or roof termination with not more
than two bends. When extra bends are installed, the maximum length of the duct shall be
reduced 2.5 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-
degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow.
The maximum length of the exhaust duct does not include the transition duct.
{The Exception is unchanged}
(36) Section M2005.2 Is amended to read as follows:
M2005.2 Prohibited locations. Fuel-fired water heaters shall not be installed in a room used as
a storage closet Water heaters located in a bedroom or bathroom shall be installed in a sealed
enclosure so that combustion air will not be taken from the living space. Access to such
enclosure may be from the bedroom or bathroom when through a solid door, weather-stripped in
accordance with the exterior door air leakage requirements of the International Energy
Conservation Code and equipped with an approved self-closing device. Direct-vent water
heaters are not required to be installed within an enclosure.
(37) Section G2408.3 is deleted.
(38) Section G2412.5Is amended by adding a second paragraph to read as follows:
Both ends of each section of medium pressure gas piping shall identify its operating gas pressure
with an approved tag. The tags are to be composed of aluminum or stainless steel and the
following wording shall be stamped into the tag:
'WARNING
112 to 5 psi gas pressure
Do Not Remove"
(39) Section G2413.3 Is amended by adding an exception to read as follows:
Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 112".
(40) Section G241S.6 is amended to read as follows:
G2415.6 (404.6) Piping in solid floors. Piping in solid floors shall be laid in channels in the floor
and covered in a manner what will allow access to the piping with a minimum amount of damage
to the building. Where such piping is subject to exposure to excessive moisture or corrosive
substances, the piping shall be protected in an approved manner. As an alternative to
installation in channels, the piping shall be installed in accordance with Section G2415.11
(41) Section G241S.9Is amended to read as follows:
G2415.9 (404.9) Minimum burial depth. Underground piping systems shall be installed a
minimum depth of 18 inches (458 mm) below grade.
(42) Section G241S.9.1Is deleted.
(43) Section G2417.11s amended to read as follows:
G2417.1 (406.1) General. Prior to acceptance and initial operation, all piping installations shall
be inspected and pressure tested to determine that the materials, design, fabrication, and
installation practices comply with the requirements of this code. The permit holder shall make the
applicable tests prescribed in Sections 2417.1.1 through 2417.7.4 to determine compliance with
the provisions of this code. The permit holder shall give reasonable advance notice to the code
official when the piping system is ready for testing. The equipment, material, power and labor
necessary for the inspections and test shall be furnished by the permit holder and the permit
holder shall be responsible for determining that the work will withstand the test pressure
prescribed in the following tests.
14
(44) Section G2417.4 is amended to read as follows:
G2417.4 (406.4) Test pressure measurement. Test pressure shall be measured with a
manometer or with a pressure-measuring device designed and calibrated to read, record, or
indicate a pressure loss caused by leakage during the pressure test period. The source of
pressure shall be isolated before the pressure tests are made. For tests requiring a pressure of 3
psig, mechanical gauges shall utilize a dial with a minimum diameter of three and one half inches
(3 W), a set hand, 1/10 pound incrementation and pressure range not to exceed 6 psi for tests
requiring a pressure of 3 psig. For tests requiring a pressure of 10 psig, mechanical gauges shall
utilize a dial with a minimum diameter of three and one-half inches (3 X"), a set hand, a minimum
of 2/1 0 pound incrementation and a pressure range not to exceed 20 psi.
(45) Section G2417.4.1 is amended to read as follows:
G2417.4.1 (406.4.1) Test pressure. The test pressure to be used shall be not less than 3 psig
(20 kPa gauge), or at the discretion of the Code Official, the piping and valves may be tested at a
pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope
gauge. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14)
inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column
pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square
inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column
(52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed
maximum working pressure.
(46) Sect/on G2417.4.2 is amended to read as follows:
G2417.4.2 (406.4.2) Test duration. The test duration shall be held for a length of time
satisfactory to the Code Official, but in no case for less than fifteen (15) minutes. For welded
piping, and for piping carrying gas at pressures in excess of fourteen (14) inches water column
pressure (3.48 kPa), the test duration shall be held for a length of time satisfactory to the Code
Official, but in no case for less than thirty (30) minutes.
(47) Section G2420 is amended by adding Section G2420.1.4 to read as follows:
G2420.1A Valves in CSST Installations. Shutoff valves installed with corrugated stainless
steel (CSST) piping systems shall be supported with an approved termination fitting, or equivalent
support, suitable for the size of the valves, of adequate strength and quality, and located at
intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches
from the center of the valve. Supports shall be installed so as not to interfere with the free
expansion and contraction of the system's piping, fittings, and valves between anchors. All
valves and supports shall be designed and installed so they will not be disengaged by movement
of the supporting piping.
(48) Section G2421.1 is amended by adding a second paragraph and exception to read as
follows:
Access to regulators shall comply with the requirements for access to appliances as specified in
Section M1305.
Exception: A passageway or level service space is not required when the regulator is
capable of being serviced and removed through the required attic opening.
(49) Section G2439.5ls amended by adding a sentence to read as follows:
The size of duct shall not be reduced along its developed length nor at the point of termination.
(50) Sect/on G2439.5.1 is amended to read as follows:
G2439.5.1 (614.6.1) Maximum length. The maximum length of a clothes dryer exhaust duct
shall not exceed 25 feet (7620 mm) from the dryer location to the outlet terminal with not more
than two bends. When extra bends are installed, the maximum length of the duct shall be
reduced 2 1/2 feet (762 mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each
gO-degree (1.6 rad) bend that occur after the first two bends, measuring in the direction of airflow.
15
{Exception is unchanged}
(51) Section G2445.2 Is amended to read as follows:
G2445.2 (621.2) Prohibited use. One or more unvented room heaters shall not be used as the
sole source of comfort heating in a dwelling unit.
Exception: Existing approved unvented heaters may continue to be used in dwelling
units, in accordance with the code provisions in effect when installed, when approved by
the Gode Official unless an unsafe condition is determined to exist as described in
International Fuel Gas Code Section 108.7.
(52) Section G2448.1.1 is amended to read as follows:
G2448.1.1 (624.1.1) Installation requirements. The requirements for water heaters relative to
access, sizing, relief valves, drain pans and scald protection shall be in accordance with this
code.
(53) Section P2503.5.1, item 1 is amended by adding a second paragraph to read as
follows:
Shower receptors shall be tested for water tightness by filling with water to the level of the rough
threshold. The drain shall be plugged in a manner so that both sides of pans shall be subjected
to the test at the point where it is clamped to the drain.
(54) Section P2503.7.2 is amended to read as follows:
P2503.7.2 Testing. Reduced pressure principle. . . {bulk of section unchanged} . . . at the time
of installation, immediately after repairs or relocation and at regular intervals as required by
applicable state or local provisions.
(55) Section P2603.2.1 is amended to read as follows:
P2603.2.1 Protection against physical damage. In concealed locations... {bulk of section
unchanged}... Protective shield plates shall be a minimum of .062-inch-thick (1.6 mm) steel and
shall cover the area of the pipe where the member is notched or bored.
(56) Section P2603.6.1Is deleted and replaced with the following:
P2603.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm) below
grade.
(57) Section P2709.1 is amended by adding an exception to read as follows:
Exception: Showers designed to comply with rCC/ANSI A 117.1.
(58) Section P2801.6 by adding an exception to read as follows:
Exception: Elevation of the ignition source is not required for water heaters that are listed as
flammable vapor resistant and for installation without elevation.
(59) Section P2902.4.3 Is amended to read as follows:
P2902.4.3 Lawn Irrigation Systems. The potable water supply system to lawn irrigation
systems shall be protected against backflow by an atmospheric-type vacuum breaker, a pressure
type vacuum breaker, or a reduced pressure principle backflow preventer . . . {remainder of
section unchanged}.
(60) In Table P2904.4.1 & P2904.5; -Po/ybuty/ene (PS) plastic pipe and tubing- Is deleted.
(61) Sections P2904.5.1 and P2904.14 are amended by deleting the reference to -PS-
plastic pipe.
(62) Section P3005.2.6 is amended to read as follows:
16
P3005.2.6 Upper terminal. Each horizontal drain shall be provided with a cleanout at its upper
terminal
Exception: Cleanouts may be omitted on a horizontal drain less that five (5) feet (1524
mm) in length unless such line is serving sinks or urinals.
(63) Section P3103.11s amended to read as follows:
P3103.1 Roof extension. All open vent pipes which extend through a roof shall be terminated at
least six (6) inches (152 mm) above the roof, except that .. . {remainder of section unchanged}.
(64) Section P3105.2 is amended to read as follows:
P3105.2 Fixture drains. The total fall in a fixture drain due to pipe slope shall not exceed one
pipe diameter, nor shall the vent pipe connection to a fixture drain, except for water closets, be
below the weir of the trap
(65) Section 3105.3 and Figure P3105.3 are deleted.
(66) Section P3111 is deleted.
(67) Section P3112.2 Is deleted and replaced with the following:
P3112.2Installation. Traps for island sinks and similar equipment shall be roughed in above the
floor and may be vented by extending the vent as high as possible, but not less than the
drainboard height and then returning it downward and connecting it to the horizontal sink drain
immediately downstream from the vertical fixture drain. The return vent shall be connected to the
horizontal drain through a wye-branch fitting and shall, in addition, be provided with a foot vent
taken off the vertical fixture vent by means of a wye-branch immediately below the floor and
extending to the nearest partition and then through the roof to the open air or may be connected
to other vents at a point not less than six (6) inches (152 mm) above the flood level rim of the
fixtures served. Drainage fittings shall be used on all parts of the vent below the floor level and a
minimum slope of one-quarter (1/4) inch per foot (20.9 mm/m) back to the drain shall be
maintained. The return bend used under the drainboard shall be a one (1) piece fitting or an
assembly of a forty-five (45) degree (O.79 radius), a ninety (90) degree (1.6 radius) and a forty-
five (45) degree (O.79 radius) elbow in the order named. Pipe sizing shall be as elsewhere
required in this Code. The island sink drain, upstream of the return vent, shall serve no other
fixtures. An accessible cleanout shall be installed in the vertical portion of the foot vent.
(68) Chapters 33 through 42 are deleted. Replace with the electrical code as adopted.
END
Amendments to the 2003 International Fuel Gas Code
(1) Section 102.2 is amended by adding an exception to read as follows:
Exception: Existing dwelling units shall comply with Section 621.2.
(2) Section 102.8 is amended to read as follows:
102.8 Referenced codes and standards. The codes and standards referenced in this code
shall be those that are listed in Chapter 8 and such codes, when specifically adopted, and
standards shall be considered part of the requirements of this code to the prescribed extent of
each such reference. Where differences occur between provisions of this code and the
referenced standards, the provisions of this code shall apply. Whenever amendments have been
adopted to the referenced codes and standards, each reference to said code and standard shall
17
be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC
Electrical Code shall mean the Electrical Code as adopted.
(3) Section 304.10 is amended to read as follows:
304.10 Louvers and grilles. The required size of openings...{bulk of paragraph
unchanged}...to provide the free area specified. Where the design and free area are not
known, it shall be assumed that wood 10uvefS will have 25-percent free area and metal
louvets and grilles will have 5O-percent free area. {Remainder of section unchanged.}
(4) Section 304.11 Is amended by changing Exception 8 to read as follows:
304. 11 Combustion air ducts. {Bulk of section unchanged.}
8. Combustion air intake openings located on the exterior of a building shall have
the lowest side of such openings located not less than 12 Inches (305 mm)
vertically from the adjoining grade level or the manufacturer's
recommendation, whichever Is more stringent.
(5) Section 305.5 Is deleted.
(6) Section 305.7 is amended to read as follows:
305.7 Clearances from grade. Equipment and appliances installed at grade level shall be
supported on a level concrete slab or other approved material extending a minimum of 3 inches
(76 mm) above adjoining grade or shall be suspended a minimum of 6 inches (152 mm) above
adjoining grade.
(7) Section 306.3 Is amended to read as follows:
306.3 AppUances in attics. Attics containing appliances requiring access shall be provided. . .
{bulk of paragraph unchanged} . . . from the opening to the equipment. The passageway shall
have continuous unobstructed solid flooring not less than 30 inches (762 mm) wide. A level
service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be
present at the front or service side of the equipment. The clear access opening dimensions shall
be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions
are not large enough to allow removal of the largest appliance. As a minimum, access to the attic
space shall be provided by one of the following:
4. A permanent stair.
5. A pull down stair.
6. An access door from an upper floor level.
Exception: The passageway and level service space are not required where the
appliance is capable of being serviced and removed through the required opening.
(Delete Exception #2.)
(8) Section 306.5 Is amended to read as follows:
306.5 Equipment and appliances on roofs or elevated structures. Where equipment and
appliances requiring access are installed on roofs or elevated structures at an aggregate height
exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of
access. Permanent exterior ladders providing roof access need not extend closer than 8 feet
(2438 mm) to the finish grade or floor level below and shall extend to the equipment and
appliance's level service space. Such access shall. . . {bulk of section to read the same}. . . on
roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope).
A receptacle outlet shall be provided at or near the equipment and appliance location in
accordance with the Electrical Code.
(9) Section 30618 amended by adding Section 306.5.1.1 to read as follows:
18
306.5.1.1 Catwalk. On roofs having slopes greater than 4 units vertical in 12 units horizontal, a
catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart
shall be provided from the roof access to the working platform at the appliance.
(10) Section 306/s amended by adding Section 306.7 to read as follows:
306.7 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in
which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor
level, it shall be made accessible by a stairway or permanent ladder fastened to the building.
306.7.1. Whenever the mezzanine or platform is not adequately lighted or access to a
receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet
shall be provided in accordance with Section 306.3.1.
(11) Section 401.5 is amended by adding a second paragraph to read as follows:
Both ends of each section of medium pressure corrugated stainless steel tubing (CSST)
shall identify its operating gas pressure with an approved tag. The tags are to be composed of
aluminum or stainless steel and the following wording shall be stamped into the tag:
'WARNING
1/2 to 5 psi gas pressure
Do Not Remove"
(12) Sect/on 402.3 is amended by adding an exception to read as follows:
Exception: Corrugated stainless steel tubing (CSST) shall be a minimum of 1/2".
(13) Sect/on 404.6/s amended to read as follows:
404.6 Piping in solid floors. Piping in solid floors shall be laid in channels in the floor and
covered in a manner that will allow access to the piping with a minimum amount of damage to the
building. Where such piping is subject to exposure to excessive moisture or corrosive
substances, the piping shall be protected in an approved manner. As an alternative to
installation in channels, the piping shall be installed in accordance with Section 404.11
(14) Sect/on 404.9 is amended to read as follows:
404.9 Minimum burial depth. Underground piping systems shall be installed a minimum depth
of 18 inches (458 mm) below grade.
(15) Section 406.4 Is amended to read as follows:
406A Test pressure measurement. Test pressure shall be measured with a monometer or with
a pressure-measuring device designed and calibrated to read, record, or indicate a pressure loss
caused by leakage during the pressure test period. The source of pressure shall be isolated
before the pressure tests are made. For tests requiring a pressure of 3 psig, mechanical gauges
shall utilize a dial with a minimum diameter of three and one half inches (3 W), a set hand, 1/10
pound incrementation and pressure range not to exceed 6 psi for tests requiring a pressure of 3
psig. For tests requiring a pressure of 10 psig, mechanical gauges shall utilize a dial with a
minimum diameter of three and one-half inches (3 %"), a set hand, a minimum of 2/10 pound
incrementation and a pressure range not to exceed 20 psi.
(16) Section 406.4.1/s amended to read as follows:
406A.1 Test pressure. The test pressure to be used shall be not less than 3 psig (20 kPa
gauge), or at the discretion of the Code Official, the piping and valves may be tested at a
pressure of at least six (6) inches (152 mm) of mercury, measured with a manometer or slope
gauge. For welded piping, and for piping carrying gas at pressures in excess of fourteen (14)
inches water column pressure (3.48 kPa) (1/2 psi) and less than 200 inches of water column
pressure (52.2 kPa) (7.5 psi), the test pressure shall not be less than ten (10) pounds per square
inch (69.6 kPa). For piping carrying gas at a pressure that exceeds 200 inches of water column
19
(52.2 kPa) (7.5 psi), the test pressure shall be not less than one and one-half times the proposed
maximum working pressure.
(17) Section 406.4.2 is amended to read as follows:
406.4.2 Test duration. Test duration shall be held for a length of time satisfactory to the Code
Official, but in no case for less than fifteen (15) minutes. For welded piping, and for piping
carrying gas at pressures in excess of fourteen (14) inches water column pressure (3.48 kPa),
the test duration shall be held for a length of time satisfactory to the Code Official, but in no case
for less than thirty (30) minutes. (Delete remainder of section.)
(18) Section 409 Is amended by adding Section 409.1.4 to read as follows:
409.1A Valves in CSST Installations. Shutoff valves installed with corrugated stainless steel
(CSST) piping systems shall be supported with an approved termination fitting, or equivalent
support, suitable for the size of the valves, of adequate strength and quality, and located at
intervals so as to prevent or damp out excessive vibration but in no case greater than 12-inches
from the center of the valve. Supports shall be installed so as not to interfere with the free
expansion and contraction of the system's piping, fittings, and valves between anchors. All
valves and supports shall be designed and installed so they will not be disengaged by movement
of the supporting piping.
(19) Section 410.1 is amended by addIng a second paragraph and exception to read as
follows:
Access to regulators shall comply with the requirements for access to appliances as
specified in Section 306.
Exception: A passageway or level service space is not required when the regulator is
capable of being serviced and removed through the required attic opening.
(20) Section 614.6 is amended by adding a sentence to read as follows:
The size of duct shall not be reduced along its developed length nor at the point Df termination.
(21) Section 614.6.1 Is amended to read as follows:
614.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed
25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends.
When extra bends are installed, the maximum length of the duct shall be reduced 2.5 feet (762
mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend
that occur after the first two bends, measuring in the direction of airflow.
{Exception is unchanged}
(22) Section 621.2 is amended to read as follows:
621.2 Prohibited use. One or more unvented room heaters shall not be used as the sole source
of comfort heating in a dwelling unit.
Exception: Existing approved unvented heaters may continue to be used in dwelling
units, in accordance with the code provisions in effect when installed, when approved by
the Code Official unless an unsafe condition is determined to exist as described in
Section 108.7.
(23) Section 624.1.1 is amended to read as follows:
624.1.1 Installation requirements. The requirements for water heaters relative to access,
sizing, relief valves, drain pans and scald protection shall be in accordance with the International
Plumbing Code.
END
20
Amendments to the 2003 International Plumbing Code
(1) Table of Contents 18 amended by changing the reference to, Chapter 7, Section 714;
change to read as follows:
Section 714 Engineered Drainage Design. . . .. . . . . . . . . . . . . . .62
(2) Section 101.218 amended by changing exceptions 1 and 2 to read as follows:
101.2 Scope (Paragraph unchanged)
Exceptions:
1. Detached one and two- family dwellings . . . (unchanged) . . . International
Residential Code as adopted.
2. Plumbing systems in existing buildings. . . (unchanged) . . . International Existing
Building Code or the provisions for existing buildings in the International Building
Code as adopted.
(3) Section 102.8 is amended to read as follows:
102.8 Referenced codes and standards. The codes and standards referenced in this code
shall be those that are listed in Chapter 13 and such codes, when specifically adopted, and
standards shall be considered as part of the requirements of this code to the prescribed extent of
each such reference. Where the differences occur between provisions of this code and the
referenced standards, the provisions of this code shall be the minimum requirements. Whenever
amendments have been adopted to the referenced codes and standards, each reference to said
code and standard shall be considered to reference the amendments as well. Any reference to
NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted.
(4) Sections 106.6.2 and 106.6.3 are amended to read as follows:
106.6.2 Fee schedule. The fees for all plumbing work shall be as adopted by resolution of the
governing body of the jurisdiction.
106.6.3 Fee Refunds. The code official shall establish a policy for authorizing the refunding of
fees. (Delete balance of section)
(5) Section 109 is deleted and replaced with the following:
SECTION 109
MEANS OF APPEAL
109.1 Application for appeal. Any person shall have the right to appeal a decision of the code
official to the board of appeals established by ordinance. The board shall be governed by the
enabling ordinance.
(6) Section 305.6.1 is amended to read as follows:
305.6.1 Sewer depth. Building sewers shall be a minimum of 12 inches (304 mm) below grade.
(7) Section 305.9 is amended to read as follows:
305.9 Protection of components of plumbing system. Components of a plumbing system
installed within 3 feet along alleyways, driveways, parking garages or other locations in a manner
in which they would be exposed to damage shall be recessed into the wall or otherwise protected
in an approved manner.
(8) Section 3100418 deleted.
(9) Sections 312.9.1 and 312.9.2 are amended to read as follows:
21
312.9.1 Inspections. Annual inspections shall be made of aU backflow prevention assemblies
and air gaps to determine whether they are operable. In the absence of local provisions, the
owner is responsible to ensure that testing is performed.
312.9.2 Testing. Reduced pressure principle backflow preventer assemblies, double check-
valve assemblies, pressure vacuum breaker assemblies, reduced pressure detector fire
protection backflow prevention assemblies, double check detector fire protection backflow
prevention assemblies, hose connection backflow preventers, and spill-proof vacuum breakers
shall be tested at the time of installation, immediately after repairs or relocation and at least
annually. The testing procedure shall be performed in accordance with applicable local
provisions. In the absence of local provisions, the owner is responsible to ensure that testing is
done in accordance with one of the following standards:
{list of standards unchanged}
(10) Section 314.2.1 ;s amended by changing the second sentence to read as follows:
314.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be
conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not
discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance.
(11) Section 314.2.2 is amended to read as follows:
314.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall
be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene,
ASS, CPVC or PVC pipe or tubing. All components shall be selected for the pressure
temperature rating of the installation. {Remainder unchanged}
(12) Section 401.1 Is amended by adding a sentence to read as follows:
The provisions of this Chapter are meant to work in coordination with the provisions of the
Building Code. Should any conflicts arise between the two chapters, the Code Official shall
determine which provision applies.
(13) Section 403.1 is amended to read as follows:
403.1 Minimum number of fixtures. Plumbing fixtures shall be provided for the type of
occupancy and in the minimum number as follows:
1. Assembly Occupancies: At least one drinking fountain shall be provided at each floor
level in an approved location. Exception: A drinking fountain need not be provided in a
drinking or dining establishment.
2. Groups A, B, F, H, I, M and S Occupancies: Buildings or portions thereof where persons
are employed shall be provided with at least one water closet for each sex except as
provided for in Section 403.2.
3. Group E Occupancies: Shall be provided with fixtures as shown in Table 403.1.
4. Group R Occupancies: Shall be provided with fixtures as shown in Table 403.1.
It is recommended, but not required, that the minimum number of fixtures provided also comply
with the number shown in Table 403.1. Types of occupancies not shown in Table 403.1 shall be
considered individually by the code official. The number of occupants shall be determined by the
International Building Code. Occupancy classification shall be determined in accordance with the
International Building Code.
(14) Section 403 is amended by adding Section 403.1.2 to read as follows:
403.1.2 Finish material. Finish materials shall comply with Section 1209 of the International
Building Code.
(15) Section 405.6/s deleted.
22
(16) Section 409.2 is amended to read as follows:
409.2 Water connection. The water supply to a commercial dishwashing machine shall be
protected against backflow by an air gap or backflow preventer in accordance with Section 608.
(17) Section 410.1 is amended to read as follows:
410.1 Approval. Drinking fountains shall conform to ASME A112.19.1M, ASME A112.19.2M or
ASME A112.19.9M, and water coolers shall conform to AR11010. Drinking fountains and water
coolers shall conform to NSF 61, Section 9.
Exception: A drinking fountain need not be provided in a drinking or dining
establishment.
(18) Section 412.4 is amended to read as follows:
412.4 Required location. Floor drains shall be installed in the following areas.
1. In public coin-operated laundries and in the central washing facilities of multiple family
dwellings, the rooms containing automatic clothes washers shall be provided with floor drains
located to readily drain the entire floor area.
2. Commercial kitchens. (In lieu of floor drains in commercial kitchens, the code official may
accept floor sinks.)
(19) Section 413.4 is amended to read as follows:
413.4 Water supply required. All food waste grinders shall be provided with a supply of cold
water. The water supply shall be protected against backflow by an air gap or with the installation
of a backflow preventer in accordance with Section 608.
(20) Section 417.5 is amended to read as follows:
417.5 Shower floors or receptors. Floor surfaces shall be constructed of impervious,
noncorrosive, nonabsorbent and waterproof materials.
Thresholds shall be a minimum of 2 inches (51 mm) and a maximum of 9 inches (229 mm),
measured from top of the drain to top of threshold or dam. Thresholds shall be of sufficient width
to accommodate a minimum twenty-two (22) inch (559 mm) door.
Exception: Showers designed to comply with ICG/ANSI A117.1.
(21) Section 417.5.2 is amended to read as follows:
417.5.2 Shower lining. Floors under shower compartments, except where prefabricated
receptors have been provided, shall be lined and made water tight utilizing material complying
with Sections 417.5.2.1 through 417.5.2.4. Such liners shall turn up on all sides at least 23
inches (76 mm) above the finished threshold level and shall extend outward over the threshold
and fastened to the outside of the threshold jamb. Liners shall be recessed and fastened to an
approved backing. . . {remainder of section unchanged} . . . .
(22) Section 417 is amended by adding Section 417.7 to read as follows:
417.7 Test for shower receptors. Shower receptors shall be tested for water tightness by filling
with water to the level of the rough threshold. The drain shall be plugged in a manner so that
both sides of pans shall be subjected to the test at the point where it is clamped to the drain.
(23) Section 419.3 Is amended to read as follows:
419.3 Surrounding material. Wall and floor space to a point 2 feet (610 mm) in front of a urinal
lip and 4 feet (1219 mm) above the floor and at least 2 feet (610 mm) to each side of the urinal
shall be waterproofed with a smooth, readily cleanable, hard, nonabsorbent material.
(24) Section 502.3 Is amended to read as follows:
23
502.3 Water heaters Installed In attics. Attics containing a water heater shall be provided . . .
{bulk of paragraph unchanged} . . . side of the water heater. The clear access opening
dimensions shall be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where
such dimensions are not large enough to allow removal of the water heater.
(25) Section 502 Is amended by addIng Section 502.5 to read as follows:
502.5 Water heaters above ground or floor. When the attic, roof, mezzanine or platform in
which a water heater is installed is more than eight (8) feet (2438 mm) above the ground or floor
level, it shall be made accessible by a stairway or permanent ladder fastened to the building.
502.5.1 Whenever the mezzanine or platform is not adequately lighted or access to a
receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet
shall be provided in accordance with Section 502.3.1.
(26) Section 504.6.1 is amended to read as follows:
504.6.1 Discharge. The relief valve shall discharge through full size piping to a safe place of
disposal such as a floor drain, outside the building, or an indirect waste receptor. The discharge
pipe shall not have any trapped sections. When the drain pipe run is exposed, in an area outside
of the room where the water heater is located, in a manner that would make it subject to damage,
the drain shall have a visible air gap or air gap fitting located in the same room as the water
heater. The outlet end of the discharge pipe shall not be threaded and such discharge pipe shall
not have a valve or tee installed. Relief valve piping shall be piped independent of other
equipment drains or relief valve discharge piping to the disposal point. Such pipe shall be
installed in a manner that does not cause personal injury to occupants in the immediate area or
structural damage to the building.
The discharge pipe shall not discharge into the pan required in Section 504.7.
When discharging outside the building, the point of discharge shall be with the end of the pipe not
more than two (2) feet (610 mm) nor less than six (6) inches (152 mm) above the ground or the
floor level of the area receiving the discharge and pointing downward.
(27) Section 604/s amended by adding Section 604.4.1 to read as follows:
604.4.1 State maximum flow rate. Where the State mandated maximum flow rate is more
restrictive than those of this section, the State flow rate shall take precedence.
(28) In Tables 605.3 and 605.4 references to "Polybutylene (PB) plastic pipe and tubing"
aN deleted.
(29) Section 606.1 is amended by deleting items tu and #5.
(30) Section 606.2 Is amended by changing Items #1 and 2 to read as follows:
1. On the fixture supply to each plumbing fixture.
Exception: Tub and shower valves.
2. On the water supply pipe to each slllcock when subject to freezing.
(31) Section 608.1 is amended to read as follows:
608.1 General. A potable water supply system shall be designed, installed and maintained in
such a manner so as to prevent contamination from nonpotable liquids, solids or gases being
introduced into the potable water supply through cross-connections or any other piping
connections to the system. Backflow preventer applications shall conform to applicable local
regulations, Table 608.1, and as specifically stated in Sections 608.2 through 608.16.9.
(32) Section 608.16.5 is amended to read as follows:
24
608.16.5 Connections to lawn Irrigation Systems. The potable water supply system to lawn
irrigation systems shall be protected against backflow by an atmospheric-type vacuum breaker, a
pressure type vacuum breaker, or a reduced pressure principle backflow preventer . . .
{remainder of section unchanged}.
(33) Section 608.17 Is amended to read as follows:
608.17 Protection of individual water supplies. An individual water supply shall be located
and constructed so as to be safeguarded against contamination in accordance with applicable
local regulations. In the absence of other local regulations, installation shall be in accordance
with Sections 608.17.1 through 608.17.8.
(34) Section 712 Is amended by adding Section 712.5 to read as follows:
712.5 Dual Pump System. All sumps shall be automatically discharged and, when in any "public
use" occupancy where the sump serves more than 10 fixture units, shall be provided with dual
pumps or ejectors arranged to function independently in case of overload or mechanical failure.
For storm drainage sumps and pumping systems, see Section 1113.
(35) Sections 714, 714.1 are amended to read as follows:
SECTION 714
ENGINEERED DRAINAGE DESIGN
714.1 Design of drainage system. The sizing, design and layout of the drainage system shall
be permitted to be designed by approved design methods.
(36) Section 802.4 is amended by adding a sentence to read as follows:
No standpipe shall be installed below the ground.
(37) Section 904.1 is amended to read as follows:
904.1 Roof extension. All open vent pipes that extend through a roof shall be terminated at
least six (6) inches (152 mm) above the roof, except that where a roof is to be used for any
purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134 mm)
above the roof.
(38) Section 912.1 Is amended to read as follows:
912.1 Type of fixture. A combination drain and vent system shall not serve fixtures other than
floor drains, standpipes, and indirect waste receptors. Combination drain and vent systems shall
not receive the discharge from a food waste grinder or clinical sink.
(39) Section 912.2 is amended to read as follows:
912.2 Installation. The only vertical pipe of a combination drain and vent system shall be the
connection between the fixture drain of a standpipe, and the horizontal combination drain and
vent pipe. The maximum vertical distance shall be 8 feet (2438 mm).
(40) Section 1002.10 is deleted.
(41) Section 1003.1; is amended to read as follows:
Minimum construction standards for food service establishments are required when:
1. A new building is constructed and occupied;
2. Prior to the issuance of a certificate of occupancy for an existing building which has not been
previously used as a food service establishment within the last six (6) months.
3. A change to a more restrictive class of food preparation occurs.
25
Heavy Food Preparation: shall mean any area in which foods are prepared utilizing a grill,
griddle, deep-fat fryer, commercial type ovens, and/or any similar food preparation equipment; or
any area subject to flooding type of wet cleaning procedures due to the cutting or processing of
meat, poultry, fish or pork. Heavy food preparation includes but is not limited to: cafeterias, fast
food restaurant, full service restaurants, pizza preparation, and donut preparation. Meat and fish
markets, (et cetera). A minimum 750-gallon grease interceptor is required for heavy food
preparation establishments with seating capacity for 50 or more. A minimum 250-gallon grease
interceptor is required for heavy food preparation establishments with a seating capacity for less
than 50.
Ught Food Preparation: shall mean any area in which foods are prepared exclusive of the use
of fryers, grills or similar equipment. Light food preparation is usually limited to the preparation of
hot dogs, sandwiches, salads or other similar foods and fountain-type cold drinks. Light food
preparation includes, but is not limited to, sandwich shops, limited menu concession stands (et
cetera). A minimum 250-gallon grease interceptor is required for light food preparation
establishments with seating capacity for 50 or more. A minimum 40-pound grease trap is
required for light food preparation establishments with a seating capacity for less than 50.
No Food Preparation: shall mean any area in which foods are provided pre-wrapped, from an
approved source, with microwave oven type heating being the maximum handling involved. No
food preparation is limited to pre-packaged sandwiches or similar foods, candies and
containerized beverages. A grease interceptor is not required for no food preparation
establishments.
(42) Section 1101.8 Is amended to read as follows:
1101.8 Cleanouts required. Cleanouts shall be installed in the building storm drainage
system...{remainder of section unchanged}...
(43) Section 1106.1 is amended to read as follows:
1106.1 General. The size of the vertical conductors and leaders, building storm drains, building
storm sewers, and any horizontal branches of such drains or sewers shall be based on six (6)
inches per hour rainfall rate.
(44) Section 1107.3/5 amended to read as follows:
1107.3 Sizing of secondary drains. Secondary (emergency) roof drain systems shall be sized
in accordance with Section 1106. Scuppers shall be sized to prevent the depth of ponding water.
. . {remainder of section unchanged} . . . .
(45) Section 1202.1 Is amended by deleting Exception 2.
END
Amendments to the 2003 International Mechanical Code
(1) Section 102.8/5 amended to read as follows:
102.8 Referenced codes and standards. The codes and standards referenced herein shall be
those that are listed in Chapter 15 and such codes, when specifically adopted, and standards
shall be considered part of the requirements of this code to the prescribed extent of each such
reference. Where differences occur between provisions of this code and the referenced
standards, the provisions of this code shall apply. Whenever amendments have been adopted to
the referenced codes and standards, each reference to said code and standard shall be
considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical
Code shall mean the Electrical Code as adopted.
(2) Section 302.3 Is amended to read as follows:
26
302.3 CuttingJ notching and boring in wood framing. When permitted by the International
Building Code, the cutting, notching and boring of wood framing members shall comply with
Sections 302.3.1 through 302.3.4.
(3) Section 304.6 Is deleted.
(4) Section 304.9 is amended to read as follows:
304.9 Clearances from grade. Equipment and appliances installed at grade level shall be
supported on a level concrete slab or other approved material extending above adjoining grade a
minimum of 3 inches (76 mm) or shall be suspended a minimum of 6 inches (152 mm) above
adjoining grade.
(5) Section 306.3 Is amended to read as follows:
306.3 Appliances in attics. Attics containing appliances requiring access shall be provided. . .
{bulk of paragraph unchanged} . . . from the opening to the appliance. The passageway shall
have continuous unobstructed solid flooring not less than 30 inches (762 mm) wide. A level
service space not less than 30 inches (762 mm) deep and 30 inches (762 mm) wide shall be
present at the front or service side of the appliance. The clear access opening dimensions shall
be a minimum of 20 inches by 30 inches (508 mm by 762 mm), or larger where such dimensions
are not large enough to allow removal of the largest appliance. As a minimum, access to the attic
space shall be provided by one of the following:
1. A permanent stair.
2. A pull down stair.
3. An access door from an upper floor level.
Exception: The passageway and level service space are not required where the
appliance is capable of being serviced and removed through the required opening.
(6) Section 306.5 is amended to read as follows:
306.5 Equipment and appliances on roofs or elevated structures. Where equipment and
appliances requiring access are installed on roofs or elevated structures at an aggregate height
exceeding 16 feet (4877 mm), such access shall be provided by a permanent approved means of
access. Permanent exterior ladders providing roof access need not extend closer than 8 feet
(2438 mm) to the finish grade or floor level below and shall extend to the equipment and
appliance's level service space. Such access shall. . . {bulk of section to read the same}. . . on
roofs having a slope greater than 4 units vertical in 12 units horizontal (33-percent slope).
A receptacle outlet shall be provided at or near the equipment and appliance location in
accordance with the Electrical Code.
(7) Section 306 is amended by adding Section 306.6.1 to read as follows:
306.6.1 Catwalk. On roofs having slopes greater than 4 units vertical in 12 units horizontal, a
catwalk at least 16 inches in width with substantial cleats spaced not more than 16 inches apart
shall be provided from the roof access to the working platform at the appliance.
(8)Sectlon 306 is amended by adding Section 306.7 to read as follows:
306.7 Water heaters above ground or floor. When the mezzanine or platform in which a water
heater is installed is more than eight (8) feet (2438 mm) above the ground or floor level, it shall be
made accessible by a stairway or permanent ladder fastened to the building.
306.7.1 Whenever the mezzanine or platform is not adequately lighted or access to a
receptacle outlet is not obtainable from the main level, lighting and a receptacle outlet
shall be provided in accordance with Section 306.3.1.
(9) Section 307.2.1 /s amended by changing the second sentence to read as follows:
27
307.2.1 Condensate disposal. Condensate from all cooling coils and evaporators shall be
conveyed from the drain pan outlet to an approved place of disposal. Condensate shall not
discharge into a street, alley, sidewalk, rooftop, or other areas so as to cause a nuisance.
(10) Section 307.2.2 Is amended to read as follows:
307.2.2 Drain pipe materials and sizes. Components of the condensate disposal system shall
be cast iron, galvanized steel, copper, cross-linked polyethylene, polybutylene, polyethylene,
ASS, CPVC or PVC pipe or tubing. All components shall be selected for the pressure
temperature, and exposure rating of the installation. {Remainder unchanged}
(11) Section 307.2.3 is amended by adding Item #4 to read as follows:
4. Discharge, as noted, shall be to a conspicuous point of disposal to alert occupants in the event
of a stoppage of the drain. However, the conspicuous point shall not create a hazard such as
dripping over a walking surface or other areas so as to create a nuisance.
(12) Section 401.5 is amended by adding a second exception to read as follows:
Exceptions:
1. {existing exception unchanged}
2. Toilet room exhaust ducts may terminate in a warehouse or shop area when
infiltration of outside air is present.
(13) Section 403.2 Is amended by adding an exception to read as fa/lows:
Exception: Where the design professional demonstrates that an engineered ventilation
system is designed in accordance with ASHRAE 62, the minimum required rate of
outdoor air shall be permitted to be as specified in such engineered system design.
(14) Section 403.2.1/s amended by adding an Item #4 to read as follows:
4. Toilet rooms within private dwellings that contain only a water closet, lavatory or
combination thereof may be ventilated with an approved mechanical recirculating fan or
similar device designed to remove odors from the air.
(15) Tab/e 403.3, footnote g /s changed to read as follows:
g. Transfer air permitted in accordance with Section 403.2.2. Toilet rooms within private
dwellings that contain only a water closet, lavatory or combination thereof may be ventilated
with an approved mechanical re-circulating fan or similar device designed to remove odors
from the air.
(16) Section 501.2 is amended to add a third exception to read as follows:
Exceptions:
1. {existing exception unchanged}
2. {existing exception unchanged}
3. Toilet room exhaust ducts may terminate in a warehouse or shop area when
infiltration of outside air is present.
(17) Section 504.6 Is amended to add a sentence to read as follows:
The size of duct shall not be reduced along its developed length nor at the point of termination.
(18) Section 504.6.1 Is amended to read as follows:
504.6.1 Maximum length. The maximum length of a clothes dryer exhaust duct shall not exceed
25 feet (7620 mm) from the dryer location to the outlet terminal with not more than two bends.
When extra bends are installed, the maximum length of the duct shall be reduced 2.5 feet (762
mm) for each 45-degree (0.79 rad) bend and 5 feet (1524 mm) for each 90-degree (1.6 rad) bend
that occur after the first two bends, measuring in the direction of airflow. The maximum length of
the exhaust duct does not include the transition duct.
{Exception is unchanged}
28
(19) Section 506.3.10 Is amended to read as follows:
506.3.10 Grease duct enclosure. A grease duct serving a Type I hood that penetrates a ceiling,
wall or floor shall be enclosed ...{bulk of paragraph unchanged}... through the use of weather-
protected openings. Clearance from the duct to the interior surface of enclosures of combustible
construction shall be not less than 18 inches (457 mm). Clearance from the duct to the interior
surface of enclosures of noncombustible construction or gypsum wallboard attached to
noncombustible structures shall be not less than 3 inches (76 mm) or more than 12 inches (305
mm). The duct enclosure shall serve a single grease exhaust duct system and shall not contain
any other ducts, piping, wiring or systems.
Delete second exception.
(20) Section 607.2.2 Is amended to read as follows:
607.2.2 Hazardous exhaust ducts. Hazardous exhaust duct systems shall extend directly to
the exterior of the building and shall not extend into or through ducts and plenums. Penetration of
structural elements shall conform to this section and the International Building Code except that
fire dampers are not required at penetration of fire-resistance-rated assemblies.
(21) Section 607.5.115 amended to read as follows:
607.5.1 Fire Walls. Ducts and air transfer openings permitted in fire walls in accordance with
Section 705.11 of the International Building Code shall be protected with approved fire dampers
installed in accordance with their listing. Hazardous exhaust ducts shall not penetrate fire walls.
END
SECTION 2. If any provision of this ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provision or
applications, and to this end the provision ofthis ordinance are severable.
SECTION 3. All provisions of the ordinances of the City of Denton in conflict
with the provision of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City or Denton, not in conflict with the provision of this ordinance,
shall remain in full force and effect.
SECTION 4. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not to exceed two thousand dollars ($2,000.00). Each day that
a provision of this Ordinance is violated shall constitute a separate and distinct offence.
SECTION 5. This ordinance shall become effective fourteen (14) days form the
date of its passage, and the City secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
day of
, 2006.
EULINE BROCK., MAYOR
29
ATTEST:
JENNIFER W ALTERS. CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
30
s:\Our Docurnents\Ordinances\05\Fire Code Ordinance. doc
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE
INTERNATIONAL FIRE CODE, 2003 EDITION; REGULATING AND GOVERNING THE
SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS
ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS
SUBSTANCES, MATERIALS AND DEVICES; AND FROM CONDITIONS HAZARDOUS
TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE
CITY OF DENTON, TEXAS; PROVIDING FOR THE ISSUANCE OF PERMITS AND THE
COLLECTION OF FEES THEREFOR; PROVIDING FOR AMENDMENTS THERETO; RE-
ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN THE AMOUNT OF
$2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR A SEVERABILITY CLAUSE
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That Article I of Chapter 29 of the Code of Ordinances is amended to read
as follows:
ARTICLE I. GENERAL PROVISIONS
Section 29-1. International Fire Code - Adopted.
There is hereby adopted by the City of Denton, Texas for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire and explosion, those certain Codes
and Standards known as the International Fire Code, 2003 edition including Appendices A-G,
published by the Intemational Fire Code Institute and Intemational Conference of Code Council,
being particularly the 2003 editions thereof and whole thereof, save and except such portions as
are hereinafter deleted, modified or amended by Section 29-2 of this ordinance as the Fire Code
of the City of Denton, Texas. A copy of this Fire Code is now filed in the office of the City
Secretary, and is hereby adopted and incorpor~ted as fully as if set out at length herein, and from
the date on which this ordinance shall take effect, the provisions thereof shall be controlling
within the limits ofthe City of Denton and witpin 5,000 feet thereof, where specified therein.
Section 29-2. Amendments.
The Intemational Fire Code, as adopted in Section 29-1, is hereby amended as follows:
A. By the amendment ofthe International Fire Code as follows:
**Section 101.1 is amended to read as follows:
Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Denton,
herein after referred to as "this code".
**Section 101.2 "Scope": add a second paragraph to read as follows:
The provisions of this code shall supplement any and all laws relating to fire safety and shall
apply to all persons without restriction, unless specifically exempted.
**Section 102.4 "Application of Building Code"; is amended to read as follows:
Section 102.4 Application of other codes. The design and construction of new structures shall
comply with this code, and other codes as applicable; and any alterations, additions, changes in
use or changes in structures required by this code which are within the scope of this and other
codes shall be made in accordance therewith.
**Section 102.6 is amended to read as follows:
Section 102.6 Referenced codes and standards. The codes and standards referenced in this
code shall be those that are listed in Chapter 45 and such codes, when specifically adopted, and
standards shall be considered part of the requirements of this code to the prescribed extent of
each such reference. Where differences occur between the provisions of this code and the
referenced standards, the provisions of this code shall apply. Whenever amendments have been
adopted to the referenced codes and standards, each reference to said code and standard shall be
considered to reference the amendments as well. Any reference to NFP A 70 or the ICC
Electrical Code shall mean the Electrical Code as adopted.
**Section 103.1 "General"; add a second paragraph to read as follows:
Section 103.1. Under the chiefs direction, the fire department is authorized to enforce all
ordinances of the jurisdiction pertaining to:
1. The prevention of fires,
2. The suppression or extinguishments of dangerous or hazardous fires,
3. The storage, use and handling of hazardous materials,
4. The installation and maintenatlce of automatic, manual and other private fire
alarm systems and fire-extinguishing equipment,
5. The maintenance and regulation of fire escapes,
6. The maintenance of fire protection and the elimination of fire hazards on land and
in buildings, structures and other property, including those under construction,
7. The maintenance of means of egress,
8. The investigation of the cause, origin and circumstances of fire and unauthorized
releases of hazardous materials, and
9. The investigation of the cause, origin and circumstances of explosions.
For authority related to control and investigation of emergency scenes, see Section 104.
**Section 103.1.2 is added to read as follows:
Section 103.1.2 Department of Fire Prevention personnel and Police. The chief and
members of the Department of Fire Prevention shall have the powers of a police officer when
performing their duties under this code.
**Section 103.4.2 is added to read as follows:
Section 103.4.2 Liability. The code is amended by adding a third paragraph to read as follows:
All regulations provided in this code are hereby declared to be governmental and for the benefit
of the general public. Any member of the City Council, any city official or employee, or any
Page 2
member of the Construction Advisory and Appeals Board or any successor board charged with
the enforcement of this code, acting for the City in the discharge of his or her duties, shall not
thereby render himself or herself personally .liable, and he or she is hereby relieved from all
personal liability for any damage that may occur to persons or property as a result of any action
required or permitted in the discharge of his"or her duties. Any lawsuit brought against such
official or employee because of such act performed by him or her in the enforcement of any
provisions of this Code shall be represented by the City of Denton through its designated
attorney until the final adjudication of the proceedings.
**Section 104.10.2 is added to read as follows:
Section 104.10.2 Hazardous Materials. The fire code official is authorized to investigate the
cause, origin, and circumstances of any unauthorized releases of hazardous materials.
**Section 104.10.3 is added to read as follows:
Section 104.10.3 Explosives. The fire code official is authorized to investigate the cause, origin,
and circumstances of explosions, explosives handling, manufacturing, and usage of explosive
materials.
**Section 105.6.48 add section to read as follows:
Section 105.6.48 Gas and Oil Wells. An operational permit to operate gas and oil wells in the
incorporated city limits of Denton, Texas in accordance with Ordinances 2001-465 and 2001-466
and Subchapter 22 - Gas Well Drilling and Production, Sections 35.22.1 - 35.22.16 of the
Denton Development Code.
Section 106 "Inspections" is amended by adding the following sections:
Section 106- Fire Inspection and Permit Fees
Section 106.1.1. Frequency of Inspection. All owners of, occupants of, tenants of, leases of or
persons making use of any building or premises, or portions thereof, when used as nonresidential
group occupancies, including hotels, lodging houses and congregate residences, as defined by the
Building Code are required to have such buildings, premises or portions thereof inspected
annually by the Fire Marshal or his designated representative. Additionally, the Fire Marshal
may initiate such inspections at such other times as he deems appropriate to satisfy the purposes
of this ordinance, and may additionally inspect all other premises as may be necessary, including
such other potential hazards or appliances as the Fire Marshal may designate, for the purpose of
ascertaining and causing to be corrected any condition which would reasonably tend to cause a
fire or contribute to its spread, or which may constitutes a violation of this ordinance or any other
law or standard affecting fire safety.
Section 106.2.1.1. Inspection Fees. Each inspection performed pursuant to Section 105
of this code, as amended, shall be performed free of charge. If the Fire Marshal or his designee
observes a violation of this chapter and performs a follow-up (re-inspection) inspection to
determine whether a violation or violations observed during the previous inspection have been
corrected, a fee shall be charged, and the occupant or lessee shall pay said fee within 30 days of
being billed therefore as condition to continue lawful occupancy of the building or dwelling to be
inspected. Said fee shall be based upon the amount of interior area of the building leased,
Page 3
occupied or used by the person. The fee shall be in the amount established, and from time to
time amended, by ordinance of City Council, a copy that shall be kept on file with the City
Secretary. Follow up inspection fees for common areas of such buildings or premises shall be
charged to and paid by the owner in accordance with the area inspected.
Section 106.2.1.2. Permit and Permit Fees. Any permit required by Section 105 and 106 of the Code,
as amended herein, shall be issued only upon payment of a permit fee in an amount established, and as
from time to time amended, by ordinance of the City Council, a copy of which shall be kept on file with the
City Secretary.
**Section 109.3 is amended to read as follows:
Section 109.3 Violation Penalties. Persons who shall violate a provision of this code or shall
fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do
work in violation ofthe approved construction documents or directive ofthe fIre code official, or
of a permit or certifIcate used under provisions of this code, shall be guilty of a misdemeanor
offense punishable by a fine of not more than $2000.00. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
**Section 110.4 is amended to read as follows:
Section 110.4. Abatement.
Any person operating or maintaining any occupancy, premises or vehicle subject to this Code
who shall permit any fire hazard to exist on the premises under their control or who shall fail to
take immediate action to abate a fire hazard when ordered or notifIed to do so by the code
official or his duly authorized representative shall be guilty of a separate offense for each and
every day or portion thereof which any violation of any of the provisions of this Code is
committed or continued.
**Section 111.4 is amended to read as follows:
Section 111.4 Failure to comply. Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform to remove
a violation or unsafe condition, shall be punishable by a fIne of not less than two hundred ($200)
dollars or more than two thousand ($2000) dollars.
**Section 202 "General Definitions" is amellded to add or amend the following definitions
to read as follows:
DEPARTMENT OF FIRE PREVENTION is the OffIce of the City Fire Marshal.
FIRE CODE OFFICIAL is the Fire Chief, Fire Marshal or other designated authority charged
by the applicable governing body with the duties of administration and enforcement of the code,
or a duly authorized representative.
FIRE DEPARTMENT is the City of Denton Fire Department.
HIGH-RISE BUILDING is a building having floors used for human occupancy located more
than 55 feet (16,764 mm) above the lowest level of fire department vehicle access.
JURISDICTION is the City of Denton, Texas
Page 4
SELF-SERVICE STORAGE FACILITY. Is real property designed and used for the purpose
of renting or leasing individual storage spaces to customers for the purpose of storing and
removing personal property on a self-service basis.
ST ANDBY PERSONNEL. Are qualified fire service personnel, approved by the Fire Chief.
When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization
shall be as normally calculated by the jurisdiction.
**Section 307.2 is amended to read as follows:
Section 307.2 Permit required. A permit shall be obtained from the fire code official in
accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or range or
wildlife management practices, prevention or control of disease or pests, or open burning a
bonfire. Application for such approval shall only be presented by and permits issued to the owner
of the land upon which the fire is to be kindled. Examples of state or local law , or regulations
referenced elsewhere in this section may include but not be limited to the following:
1. Texas Commission on Environmental Quality (TCEQ) guidelines and/or restrictions.
2. State, County or Local temporary or permanent bans on open buming.
3. Local written policies as established by the Code Official.
**Section 307.3 is amended to read as follows:
Section 307.3 Location. The 10cation for open burning shall not be less than 300 feet from any
structure, and provisions shall be made to prevent the fire from spreading to within 300 feet of
any structure.
Exceptions:
1. Fires in approved containers that are not less than 15 feet from a structure.
2. The minimum required distance from a structure shall be 25 feet where the pile size is 3
feet or less in diameter and 2 feet or less in height.
,
**Section 307.3.1 is amended to read as follows:
Section 307.3.1. Bonfires. A bonfire shall not be conducted within 300 feet of a structure or
combustible material unless the bonfire is contained in a barbecue pit. Conditions which could
cause a fire to spread within 300 feet of a structure shall be eliminated prior to ignition.
**Section 307.3.2 is amended to read as follows:
Section 307.3.2. Recreational Fires. Reqeational fires shall be prohibited within the
incorporated city limits of Denton, Texas.
**Section 307.3.3 is added to read as follows:
Section 307.3.3 Trench Burns. Trench bums shall be conducted in air curtain trenches and in
accordance with Section 307.2.
**Section 307.4 is amended to read as follows:
Section 307.4 Attendance. Open burning, trench bums, or bonfires shall be constantly attended
until the fire is extinguished. A minimum of one portable fire extinguisher complying with
Page 5
Section 906 with a mlmmum of 4-A rating or other approved on-site fire extinguishing
equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for
immediate utilization.
**Section 308.3.1 is amended to read as follows:
Section 308.3.1 Open-flame cooking devices. Charcoal burners and other open-flame cooking
devices shall not be operated on combustible balconies or within 10 feet (3,048 mm) of
combustible construction.
Exceptions:
1. One- and two-family dwellings.
**Section 503.1.1; the following sentence is added to the first pafagfaph:
Except for single- or two-family residences, the path of measurement shall be along a minimum
of a ten feet (10') wide unobstructed pathway around the external walls of the structure.
**Section 503.1.2 is amended to read as follows:
Section 503.1.2 Additional Access. The fire code official is authorized to require more than one
fire apparatus access road based on the potential for impairment of a single road by vehicle
congestion, condition of terrain, climatic conditions or other factors that could limit access.
The fire marshal is hereby authorized and empowered to establish and designate fire lanes as he
or she may deem necessary for the proper ingress and egress of emergency vehicles. Any fire
lane designated by the Fire Marshal shall become effective as of the date he so designates.
**Section 503.1.4; the following section is added to read as follows:
Section 503.1.4. Existing Fire Lanes. Any fire lane that has been established prior to passage of
the ordinance from which this article is derived and designated by the fire marshal or that has
been established by a separate ordinance shall.be a fire lane for all intents and purposes and shall
be maintained as required by this code.
**Section 503.1.5; the following section is added to fead as follows:
Section 503.1.5. Maintenance Generally.
(a) The fire code official shall report any negligent surface conditions, markings, or signs to
the owner or person in control of property upon which a fire lane exists and shall issue
instructions for repair.
(b) It shall be unlawful for the owner or person in control of property upon which a fire lane
has been designated or exists to fail to maintain the surface of the fire lane in good
condition, free of potholes and other non-approved obstructions.
(c) It shall be unlawful for the owner or person in control of property on which a fire lane has
been designated or exists to fail to maintain any marking of the fire lane as required by
this Code in a condition which is not clearly legible.
**Section 503.2.4 is amended to read as follows:
Section 503.2.4. Turning radius. The required turning radius of a fire apparatus access road
shall be a minimum of35 feet inner radius and 55 feet exterior radius or shall be approved by the
code official.
Page 6
**Section 503.2.8; the following section is added to read as follows:
Section 503.2.8. Fire Lane Site Plan. '
(a) When fIre lanes are required in accordance with the provisions of this article, the owner,
builder, or developer shall submit a fIre lane site plan measuring eight and one half (8-Y2)
inches by eleven (11) inches to the fire code official prior to issuance of a building
permit. A copy of each approved fIre lane site plan shall be kept on fIle with the fIre
department.
(b) Construction of the building shall not begin until the fIre lane site plan has been
submitted and approved, and the fire lane has been completed and approved by the fire
code official.
**Section 503.3 is amended to read as follows:
Section 503.3 Marking. Where required by the fire code offIcial, approved striping or, when
allowed by fIre code official, signs, or both, or other approved notices shall be provided for fIre
apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or notices
and striping shall be maintained in a clean and legible condition at all times and be replaced or
repaired when necessary to provide adequate visibility.
(1) Striping - Fire apparatus access roads shall be marked by painted lines of red traffic paint six
inches (6") in width to show the boundaries of the lane. The words ''NO PARKING FIRE
LANE" or "FIRE LANE NO PARKING" sh~ll appear in four inch (4") white letiers at 20 feet
intervals on the red border markings along both sides of the fIre lanes.
(2) Signs - shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKINGtt and shall
be 12" wide and 18" high. Signs shall be painted on a white background with letiers and borders
in red, using not less than 2" lettering. Signs shall be permanently affixed to a stationary post and
the bottom of the sign shall be six feet, six inches (6'6") (1.98 m) above fInished grade. Signs
shall be spaced not more than fIfty feet (50 feet) (15.2m) apart. Signs may be installed on
permanent buildings or walls or as approved by the code official.
**Section 503.4 is amended to read as follows:
Section 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall
not be obstructed by persons in any manner, including parking, stopping, or standing any non-
emergency vehicle, whether attended or unattended, in a fire lane. The minimum widths and
clearances established in Section 503.2.1 and any area marked as a fIre lane as described in
Section 503.3 shall be maintained at all times. The operator of a premise shall maintain, free of
obstruction, all fIre lanes on his premises. l'{o person may mark, post or otherwise identify a
non-fire lane private vehicular passageway as a fire lane or in such a manner as tends to create
confusion as to whether the passageway is a fire lane. Any unauthorized vehicle on a fIre lane is:
(1) Subject to removal by the operator of the premises, with the expense of removal and
storage to be borne by the register of the owner of the vehicle,
(2) Subject to citation, as well as removal, by the fire marshal or a police officer, and
(3) Prima facie evidence that the person in, whose name the vehicle is registered is guilty of a
violation of the parking provisions of this section.
Page 7
**Section 508.5.1 "Where required"; Exceptions 1 and 2 are deleted:
**Section 605.4.1 is amended to read as follows:
Section 605.4.1 Power Tap Design. Relocatable power taps shall be of the polarized or
grounded type, equipped with overcurrent protection and shall be listed and not exceed 6 feet in
length.
**Section 605.4.3 is amended to read as follows:
Section 605.4.3 Installation. Relocatable power tap cords shall not extend through walls,
ceilings, floors, under doors or floor coverings, or be subject to environmental or physical
damage. The cord shall not exceed 6 feet (1.82 m) in length.
**Section 605.5.1 is amended to read as follows:
Section 605.5.1 Power Supply. Extension cords shall be plugged directly into an approved
receptacle, except for approved multiplug extension cords, shall serve only one appliance.
**Section 605.5.4 is amended to read as follows:
Section 605.5.4 Grounding. Extension cords shall be grounded.
** Section 803.3.2 ~'Motion Picture Screens" and Section 803.4.2 "Artwork"; an exception
is added to read as follows:
Exception: Corridors protected by an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area.
**Section 804.4 is amended to read as follows:
Section 804.4 Vegetation. Decorative vegetation shall be flame resistant or flame retardant.
Such flame resistance or flame retardance shall be documented and certified by the manufacturer
in an approved manner.
**Section 903.1.2 is added to read as follows:
Section 903.1.2. Residential systems. Unless specifically allowed by this code or the
International Building Code, residential sprinkler systems installed in accordance with NFP A
13D or NFPA l3R shall not be recognized for the purposes of exceptions or reductions,
commonly referred to as "trade-offs", permitted by other requirements of this code. In addition,
residential sprinkler systems installed in accordance with NFP A 13R must include attic sprinkler
protection to be recognized for the purposes of such trade-offs permitted by other requirements
of this code. Sprinkler piping for multifamily developments shall separate from the domestic
service and be dedicated for fire sprinkler service only.
**Section 903.2 "Where required"; a section is added to read as follows:
Section 903.2. Required Installations of ~utomatic Fire Extinguishing Systems. An
automatic fire extinguishing system shall be installed and maintained in each occupancy as
required by the provisions of Section 903.
Page 8
**Sections 903.2.1.1,903.2.1.2,903.2.1.3 and 903.2.1.4 are amended to read as follows:
Section 903.2.1.1 Group A-I. An automatic sprinkler system shall be provided throughout a fire
area containing a Group A-I occupancy Occupancies where one of the following conditions
exists:
1. The fire area exceeds 10,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than the level of exit discharge.
4. The fire area contains a multi theater complex.
Section 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided throughout a fIre
area containing a Group A-2 occupancy Occupancies where one of the following conditions
exists:
1. The fire area exceeds 5,000 square feet. .
2. The fire area has an occupant 1000. of 300 or more.
3. The fire area is located on a floor other thanthe level of exit discharge.
Section 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout a fire
area containing a Group A-3 occupancy Occupancies where one of the following conditions
exists:
1. The fire area exceeds 10,000 square feet.
2. The fire area has an occupant 10ad of 300 or more.
3. The fire area is located on a floor other than the level of exit discharge.
Section 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout a fire
area containing a Group A-4 occupancy Occupancies where one of the following conditions
exists:
1. The fire area exceeds 10,000 square feet.
2. The fire area has an occupant load of 300 or more.
3. The fire area is located on a floor other than the level of exit discharge.
**Section 903.2.7 "Group R" is amended to read as follows:
Section 903.2.7 Group R-1. An automatic sprinkler system shall be provided throughout
. buildings with a Group R-l fire area. Sprinkler protection shall be provided throughout all
combustible concealed and attic spaces.
**Section 903.2.8 "Group S-I" is amended to read as follows:
Section 903.2.8 Group R-2. An automatic sprinkler system shall be provided throughout all
buildings with a Group R-2 fire area where any of the following conditions apply:
1. The R-2 is located more than two stories in height, including basements; or
2. The building contains having more than 16 dwelling units; or
3. The building contains fraternities and sororities.
Page 9
Exception: A residential sprinkler system installed in accordance with Section 903.3.1.2 shall be
permitted in buildings, or portions thereof, of Group R -2.
**Section 903.2.8.2 is amended and Section 903.2.8.3 is added to read as follows:
903.2.8.2 Bulk storage of tires. Buildings and structures where the area for the storage of tires
exceeds 10,000 cubic feet shall be equipped throughout with an automatic fire sprinkler system
in accordance with Section 903.3.1.1.
903.2.8.3. Self-service storage facility. An automatic sprinkler system shall be installed
throughout all self-service storage facilities greater than 7,500 square feet.
**Section 903.2.10; Section 903.2.10.3 is amended and Sections 903.2.10.4 and 903.2.10.5
are added as follows:
903.2.10.3 Buildings over 55 feet in height. An automatic sprinkler system shall be installed
throughout buildings with a floor level, other than penthouses in compliance with Section 1509
of the International Building Code, having an occupant load of 30 or more that is located 55 feet
or more above the lowest level of fire department vehicle access.
Section 903.2.10.4 High-Piled Combustible Storage. For any building with a clear height
exceeding 12 feet, see Chapter 23 to determine if those provisions apply.
Section 903.2.10.5 Spray Booths and Rooms. New spray booths and spraying rooms shall be
protected by an approved automatic fire-extinguishing system.
**Section 903.2.10.6 is added to read as follows:
Section 903.2.10.6; General.
1. An automatic sprinkler system shall be installed in all new buildings of noncombustible
construction, (Type I & II) including Group R-3, which exceed three stories in height or
which have more than ten thousand (10,000) square feet of floor area regardless of fire area
or area separation walls.
2. An automatic sprinkler system shall be installed in all new buildings of combustible
construction, (type III, IV & V) including Group R-3, which exceed two stories in height or
which have more than seven thousand five hundred (7,500) square feet of floor area
regardless of fire area or area separation walls.
3. The owner(s) of any building shall be required to install an automatic sprinkler system at
such time as the owner( s) constructs an addition or enlargement to the building if the total
square footage of such addition, when combined with the total square footage of all previous
additions and enlargements to the building, exceeds ten thousand (10,000) square feet of the
total floor area, and when the total square footage of all such additions exceeds by more than
twenty-five (25) percent of the original floor area regardless of fire area or area separation
walls.
4. Automatic fire extinguishing systems shall be installed in Group U, Aircraft hangars in
accordance with N.F.P.A. Standard 409, latest edition.
**Section 903.3.1.1 is amended to read as follows:
Page 10
Section 903.3.1.1. NFP A 13 Sprinkler Systems. Where the provisions of this code require that
a building or portion there of be equipped throughout with an automatic sprinkler system,
sprinklers shall be installed throughout in accordance with N.F.P.A. 13, latest edition, except as
provided in Sections 903.3.1.1.1, 903.3.1.2 and 903.3.1.3.
**Section 903.3.1.1.1 is amended to read as follows:
Section 903.3.1.1.1 Exempt locations. When approved by the fire code official, automatic
sprinklers shall not be required in the following rooms or areas where such rooms are protected
with an approved fire detection system in accordance with Section 907.2 that will respond to
visible or invisible particles of combustion. Sprinklers shall not be omitted from any room
merely because it is damp, of fire-resistance-rated construction or contains electrical equipment.
1. Any room where the application of water, or flame and water, constitutes a serious life or fire
hazard.
2. Any room or space where sprinklers are considered undesirable because of the nature of the
contents, when approved by the fire code official.
3. Generator and transformer rooms, under the direct control of a public utility, separated from
the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire
resistance rating of not less than 2 hours.
4. Spaces or areas in telecommunications buildings used exclusively for telecommunications
equipment, associated electrical power distribution equipment, batteries and standby engines,
provided those spaces or areas are equipped throughout with an automatic fire alarm system and
are separated from the remainder of the building by a wall with a fire resistance rating of not less
than 1 hour and a floor/ceiling assembly with a fire-resistance rating of not less than 2 hours.
**Section 903.3.1.2 is amended to read as follows:
Section 903.3.1.2 NFP A 13R sprinkler systems. Where allowed in buildings of Group R, up to
and including four stories in height, automatic sprinkler systems shall be installed throughout in
accordance with NFP A l3R, latest edition. However, for the purposes of exceptions or
reductions permitted by other requirements of this code, see Section 903.1.2.
**Section 903.3.5 is amended to read as follows:
Section 903.3.5 Water Supplies. Water supplies for automatic sprinkler systems shall comply
with this section and the standards referenced in Section 903.3.1 and the City of Denton Water
Utility Standards. The potable water supply shall be protected against backflow in accordance
with the requirements of this section and the Il1,ternational Plumbing Code.
Water supply as required for such systems shall be provided in conformance with the supply
requirements ofthe respective standards; how~ver, every fire protection system shall be designed
with a 10 psi safety factor.
**Section 903.3.5.1.2 is deleted.
Section 903.7 is amended to read as follows:
Page 11
Section 903.3.7. Fire department connections. The location of the fire department connection
shall be within 50 feet of the fire lane and unobstructed. The location shall be approved by the
code officiaL
**Section 903.4; a second paragraph is added after the exceptions to read as follows:
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the
sprinkler system and shall cause an alarm upon detection of water flow for more than 45
seconds. All control valves in the sprinkler and standpipe systems except for fire department
hose connection valves shall be electrically supervised to initiate a supervisory signal at the
central station upon tampering.
**Section 904.11.5 is amended to read as follows:
Section 904.11.5. Commercial Cooking Equipment. Portable fire extinguishers shall be
provided within a 30 feet travel distance of commercial- type cooking equipment. Cooking
equipment involving vegetable or animal oils and fats may be protected by a Class K rated
portable extinguisher.
**Section 905.2 is amended to read as follows:
Section 905.2 Installation standards. Standpipe system shall be installed in accordance with
this section and NFPA 14, latest edition.
**Section 905.3.1.1 is added to read as follows;
Section 905.3.1.1 Building area. In buildings exceeding 10,000 square feet in area per story,
Class I automatic wet or manual wet standpipes shall be provided where any portion of the
building's interior area is more than 200 feet oftravel, vertically or horizontally, from the nearest
point of fire department vehicle access.
Exception: Automatic dry and semiautomatic dry standpipes are allowed as
provided for in NFPA 14.
**Section 905.3.2 "Group A"; Exceptions 1 and 2 are amended to read as follows:
1. Open-air seating spaces with enclosed spaces.
2. Class I automatic dry and semiautomatic dry standpipes or manual wet standpipes are
allowed in buildings where the hig\1est floor surface used for human occupancy is 55
feet or less above the lowest level of fire department vehicle access.
**Section 905.4 "Location of Class I standpipe hose connections", item #5 is amended to
read as follows:
5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent
slope), each standpipe shall be provided with a two-way hose connection located either on the
roof or at the highest landing of stairways with stair access to the roof. An additional hose
connection shall be provided at the top of the most hydraulically remote standpipe for testing
purposes.
Page 12
**Section 905.9 "Value Supervision"; a second paragraph is added after the exceptions to
read as follows:
Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the
sprinkler system and shall cause an alann upon detection of water flow for more than 45
seconds. All control valves in the sprinkler and standpipe systems except for fire department
hose connection valves shall be electrically supervised to initiate a supervisory signal at the
central station upon tampering.
**Section 906.1'''Where required"; Item #1 is amended to read as follows:
Section 906.1
1. In Groups A,B,E,F,H,I,M,R-l,R-2,R-4,S, and U occupancies.
**Section 907.2.1.1 "System initiation in Group A occupancies with an occupant load of
1,000 or more" is amended to read as follows:
Section 907.2.1.1. System initiation in Group A Occupancies with an occupancy load of
three hundred (300) or more. Activation of the fire alarm in Group A Occupancies with an
occupancy load of three hundred (300) or more shall immediately initiate an approved
prerecorded message announcement using an approved voice communication system in
accordance with N.F.P.A 72 that is audible above the ambient noise level ofthe occupancy.
Exception: When approved, the prerecorded announcement is allowed to be
manually deactivated for a period of time, not to exceed three (3) minutes, for the
sole purpose of allowing a live voice announcement from an approved, constantly
approved station.
**Section 907.1.3 is added to read as follows:
Section 907.1.3 Design Standards. All alarm systems new or replacement serving 50 or more
alann actuating devices shall be addressable fire detection systems. Alarm systems serving more
than 75 smoke detectors or more than 200 total alarm activating devices shall be analog
intelligent or addressable fire detection systems.
Exception: Existing systems need not comply unless the total building remodel or
expansion initiated after the effective date of this code, as adopted, exceeds 25%
of the building. When cumulativebuilding remodel or expansion exceeds 50% of
the building must comply within 18 months of permit application.
**Section 907.2.3 is amended to change the first paragraph and exception 1 and add
exception 3 to read as follows:
Section 907.2.3 Group E. A manual fire alanp. system shall be installed in Group E educational
occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems
or detectors shall be connected to the building fire alarm system. An approved smoke detection
system shall be installed in Group E day care occupancies. Unless separated by a minimum of
100 feet open space, all buildings, whether portable buildings or the main building, will be
Page 13
considered one building for alarm occupant load consideration and interconnection of alarm
systems.
1. Group E educational and day care occupancies with an occupant load of less than 50 when
provided with an approved automatic sprinkler system.
3. Residential In-Horne day care with not more than 12 children may use interconnected
single station detectors in all habitable rooms. (For care of more than five children 2 1/2
or less years of age, see Section 907.2.6.)
**Section 907.2.12 is amended to read as follows:
907.2.12 High-rise buildings. Buildings having floors used for human occupancy located more
than 55 feet above the lowest level of fire department vehicle access shall be provided with an
automatic fire alarm system and an emergency voice/alarm communications system in
accordance with Section 907.2.12.2.
**Section 907.2.12.2; the beginning paragraph is amended to read as follows:
907.2.12.2. Emergency voice/alarm communication system. The operation of any automatic
fire detector, sprinkler water-flow device or manual fire alarm box shall automatically sound an
alert tone followed by voice instructions giving approved information and directions on a general
or selective basis to the following terminal areas on a minimum of the alarming floor, the floor
above, and the floor below in accordance with the building's fire safety and evacuation plans
required by Section 404:
**Section 907.3.1.1 "Group E" is amended to delete exception #1.
**Section 907.3.1.8 "Group R-4" is amended to read as follows:
Section 907.3.1.8 Group R-2, A fire alarm. system shall be installed in existing Group R-2
apartment buildings with more than three stories.
Exceptions:
1. Where each living unit is separated from other contiguous living units by fire barriers
have a fire resistance rating of not less than % hour, and where each living unit has
either its ovvn independent exit or its own independent stairway or ramp discharging
at grade.
2. A separate fire alarm system is not required in buildings that are equipped throughout
with an approved supervised automatic sprinkler system installed in accordance with
Section 903.3.1.1 or 903.3.1.2 and having a local alarm to notifY all occupants.
**Section 907.4 "Manual fire alarm boxes"; add a second paragraph to read as follows:
Manual alarm actuating devices shall be an approved double action type.
**Section 907.4.1 is amended by deleting the exception
** Add Section 907.6.1 to read as follows:
Page 14
Section 907.6.1 Installation. All fire alarm systems shall be installed utilizing Class "A" wiring
for all initiating and indicating (NAC) circuits. Class "A" wiring shall be designed to comply
with NFPA 72.
**Section 907.9.2 is amended to read as follows:
Section 907.9.2 High-rise buildings. In buildings that have floors located more than 55 feet (16
764 mm) above the lowest level of fire department vehicle access that are occupied for human
occupancy, a separate zone by floor shall be provided for all of the following types of alann-
initiating devices where provided:
1. Smoke detectors
2. Sprinkler water-flow devices
3. Manual fire alann boxes
4. Other approved types of automatic fire detection devices or suppression systems.
**Section 913.4 "Valve supervision" is amended by adding a second paragraph to read as
follows:
The fire-pump system shall also be supervised for "loss of power", "phase reversal" and "pump
running" conditions by supervisory signal on distinct circuits.
**Section 1005.3.2.5 is amended to read as follows:
Section 1005.3.2.5 Smokeproof enclosures. Each of the exits of a building that serves stories
where the floor surface is located more than 55 feet above the lowest level of fire department
vehicle access or more than 30 feet below the level of exit discharge serving such floor levels
shall be a smoke proof enclosure or pressurized stairway in accordance with Section 909.20 of
the International Building Code..
**Section 1108.1 is added to read as follows:
Section 1108.1. General. Aircraft hangers and Airports, Heliports, and Helistops shall be in
accordance with N.F.P.A. Standard 409, latest edition.
**Section 2203.1 "Location of dispensing devices" is amended by changing #4 to read as
follows:
#4 Such that a nozzle, when the hose is fully extended, will not reach within 10 feet (3,048 mm)
of building openings.
**Section 3301.1.3 is amended to read as follows:
Section 3301.1.3 Fireworks. Except as provided otherwise herein, no person shall posses, store,
offer for sale, expose for s81e, sale at retail manufacturer or use or explode any fireworks within
the city limits or within five thousand (5,000 ft) (1,524 m) thereof.
Exceptions:
1. Only when approved for fireworks displays, storage and handling of fireworks as provided
permitted in Section 3304 and 3308.
2. The use of fireworks for approved display as permitted in Section 3308.
Page 15
**Section 3308.5 "Storage of fireworks at display site" is amended by adding the following
section:
Section 3308.5.6 Marking of Shell. Each aerial shell shall have printed directly on its outer
casing the following minimum warning lI8-inch high letters, which contrast to the background
WARNING
EXPLOSIVES CLASS "IAG" or "L3G"
FIREWORK
DO NOT HANDLE- CALL "911'
**Section 3308.12 is added to read as follows:
Section 3308.12 Ignition. Aerial shells shall be ignited by lighting the tips of fuses by an
electrical ignition source except when manual ignition is approved by the Fire Marshal.
Operators shall not place any part of their bodies over the throat of the mortar.
**Section 3403.6 "Piping systems" is amended by adding a sentence to read as follows:
An approved method of secondary containment shall be provided for underground tank and
piping systems.
**Section 3404.2.11.5 "Leak prevention" is amended by adding a sentence to read as
follows:
An approved method of secondary containment shall be provided for underground tank and
piping systems.
**Section 3406.3.9 is added to read as follows:
Section 3406.3.9 Permit required. An operational permit will be required prior to drilling and
operating a gas well.
Section 3803.2.1.5 "Demonstration uses" .s amended by adding a sentence to read as
follows:
Standby personnel shall be present during demonstrations.
**Section 3804.2 "Maximum capacity within established limits" is amended by numbering
exception 1 and by adding an exception #2 to read as follows:
Exceptions:
1. In particular installations, this capacity limit shall be determined by the code official,
after consideration of special features such as topographical conditions, nature of
occupancy, and proximity to buildings, capacity of proposed containers, degree of fire
protection to be provided, and capabilities of the local fire department.
2. Except as permitted in 307.5 and 3804.3.2, LP-gas containers are not permitted in
residential areas.
**Chapter 45 "Referenced Standards" is amended by adding the following:
Page 16
Chapter 45, Referenced Standards. All reference standards from the National Fire Protection
Association, Batterymarch Park, Quincy, MA,will be referenced in the fire code from their latest
published edition for compliance within the Fire Code.
SECTION 2. That the fees provided for in Section 106 of the code adopted by this
ordinance, originally adopted with the enactment of Ordinance Number 87-196 shall be as
follows:
1. Building Fire Safety Follow-Up (Re-inspection) Inspection Fees provided in Section
106:
Interior Square Footae:e
1 to 3,000
3,001 to 24,000
24,001 to 100,000
over 100,000
Fee
$25.00
$50.00
$100.00
$100.00
If a second follow-up (re-inspection) is required because the violation has not been
corrected, the following fees shall qe charged:
1 to 3,000
3,001 to 24,000
24,001 to 100,000
over 100,000
$50.00
$100.00
$200.00
$200.00
2. The fee for an operational permit required under Section 105 of the Fire Code shall be
$200.00 each.
3. The fee for a construction permit required under Section 105 ofthe Fire Code shall be
$100.00 each.
4. The fee for a gas well permit and inspection for gas well development, including but
not limited to drilling a gas well, above ground gas storage tanks, piping inspections,
completion of gas well, revenue ofa gas well and abandonment of a gas well is $200
per permit or $200 per inspection.
5. Per Section 901.6.1 of the Fire Code, a fee of$35.00 shall be assessed for each annual
inspection of automatic extinguishing systems (Hood Suppression Systems)
automatic fire suppression systems, and automatic fire alarm systems.
6. Per Section 105.6.10 of the Fire Code, a fee for a temporary sales or display booth in
covered malls shall be $35.00.
7. Per Section 105.7.12 of the Fire Code, a fee of $35.00 shall be assessed for a
temporary tent permit.
Page 17
SECTION 3. Any person who violates a provision of this ordinance shall be
guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00).
Each such person shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of this ordinance is committed, or continued, and upon
conviction of any such violations such person shall be punished within the limits above.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in
this ordinance, or application there of to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION 5. 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 and all other provisions of the ordinances of the City of Denton not in conflict with the
provisions of this Ordinance, shall remain in full force and effect.
SECTION 6. That the repeal of any ordinance or any portion thereof by the
preceding sections shall not affect or impair any act done or right vested or accrued or any
proceeding, suit or prosecution had or commenced in any cause before such repeal shall take
effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution
had or commenced shall remain in full force and effect to all intents or purposes as if such
ordinance or part thereof so repealed shall remain in force.
SECTION 7. That this ordinance shall become effective fourteen (14) days from
the date of this passage, and the City Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the
City of Denton, Texas, within ten (10) days ofits passage.
PASSED AND APPROVED this the
day of
,2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Page 18
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: fMJ;/(/~
Page 19
s:\Our Documents\Ordinances\06\Electric Code. doc
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS, ("ELECTRICAL CODE") BY
REPEALING THE 1999 NATIONAL ELECTRICAL CODE WITH CERTAIN
AMENDMENTS AND PROVIDING FOR THE ADOPTION OF THE 2005
NATIONAL ELECTRICAL CODE WITH CERTAIN DELETIONS AND
AMENDMENTS; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2000.00
FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Section 28-61 of Article III of Chapter 28 of the Code of
Ordinances of the City of Denton, Texas, is hereby amended to read as follows:
Sec. 18-61. Adoption of electrical code.
The 2005 National Electrical Code as published by the National Fire Protection
Association, a copy of which shall be filed with the office of the City Secretary and
available for public inspection, is hereby adopted and designated as the electrical code of
the city, the same as though that edition of such code were copied at length herein,
subject to deletions and amendments emunerated in Section 28-62.
SECTION 2. That Section 28-62 of Article III of Chapter 28 of the Code of
Ordinances of the City of Denton is hereby amended to read as follows.
See. 28-62. Deletions and Amendments
The National Electrical Code adopted by Section 28-61 is amended as follows:
Recommended Amendments to the
2005 National Electrical Code
(1) -Section 230.71(A) add an exception.
230.71 Maximum Number of Disconnects.
(A) General. The service disconnecting means for each service permitted by 230.2, or for each set
of service-entrance conductors permitted by 230.40, Exception Nos. 1, 3, 4, or 5, shall consist of not
more than six switches or sets of circuit breakers, mounted in a single enclosure, in a group of
separate enclosures, or in or on a switchboard. There shall be no more than six sets of disconnects
per service grouped in anyone location. For the purpose...{text unchanged}...shall not be
considered a service disconnecting means.
Exception: Multi-occupant Buildings. Individual service disconnecting means is limited to six for
each occupant. The number of individual disconnects at one location may exceed six.
(2) **Section 300.11 add an exception.
S:\Our Docurnents\Ordinances\06\Electric Code.doc
300.11 Securing and Supporting.
(A) Secured in Place. Raceways, cable assemblies, boxes, cabinets, and fittings shall be securely
fastened in place. Support wires that do not provide secure support shall not be permitted as the
sole support. Support wires and associated fittings that provide secure support and that are
installed in addition to the ceiling grid support wires shall be permitted as the sole support. Where
independent support wires are used, they shall be secured at both ends. Cables and raceways
shall not be supported by ceiling grids.
Exception: Ceiling grid support wires may be used for structural supports when the associated
wiring is located in that area, not more than two raceways or cables supported per wire, with a
maximum nominal metric designation 16 (trade size U'J.
(3) **Section 310.15(8)(6) change to read as follows:
310.15 Ampacitles for Conductors Rated 0-2000 Volts.
(B) Tables.
(6) 1201240-Volt, 3-Wire, Single-Phase Dwelling Services and Feeders. For dwelling
units, conductors, as listed in Table 310.15(8)(6), shall be...{text unchanged}...provided the
requirements of 215.2, 220.61, and 230.42 are met. This Section shall not be used in
conjunction with 220.82.
(4) **Section SOO.8(AX1) change to read as follows:
500.8 Equipment.
(A) Approval for Class and Properties.
(1) Equipment shall be identified...{text unchanged}...the maximum surface temperatures
specified in 503.1.
FPN: Luminaries (lighting fixtures) and other heat-producing apparatus...{text
unchanged}...see Exception NO.3 to 500.8(8).
END
SECTION 3. That if any provision of this ordinance or application thereofto any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end provisions of this ordinance are severable.
SECTION 4. That all provisions of the ordinances of the City of Denton in
conflict with the provisions of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City of Denton, not in conflict with the provisions of this
ordinance, shall remain in full force and effect.
SECTION 5. That any person violating any provision of this ordinance shall,
upon conviction, be fined a sum not to exceed two thousand dollars ($2000.00). Each day
that a provision of this ordinance is violated shall constitute a separate and distinct
offense.
Page 2of3
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SECTION 6. That this ordinance shall become effective fourteen (14) days from
the date of its passage, and the City Secretary is hereby directed to cause the caption of
this ordinance to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the
day of
2006.
EULINE BROCK, MAYOR
ArrEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
Page 3 of3
s:\Our Doouments\Ordinances\05\Energy Code Ordinance. doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 28-
27 OF THE CODE OF ORDINANCES TO PROVIDE FOR THE ADOPTION OF THE
2003 INTERNATIONAL ENERGY CONSERVATION CODE, ALL PUBLISHED BY
THE INTERNAIONAL CODE COUNCIL; PROVIDING FOR AMENDMENTS
THERETO; PROVIDING FOR A PENALTY FOR VIOLATION OF A FINE NOT TO
EXCEED $500.00; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING
ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
SECTION 1. That Chapter 28, Section 28-253 of the Code or Ordinances of the
City of Denton is hereby added so that said section shall hereafter be and read as follows:
Adoption of the energy conservation code. The International Energy Conservation Code,
2003 edition as published by the International Code Council, a copy which shall be filed
in the Office of the City Secretary and available for public inspection, is hereby adopted
and designated as the energy conservation code for the city, the same as though the
edition of such code were copied at length herein subject to the deletions and
amendments enumerated in section 28-254.
Section 28-28 is hereby amended to read as follows:
Amendments to the 2003 International Energy Conservation
Code
(1) Add the following section:
101A.1.3 Alternative compliance. A building certified by a national, state, or local accredited
energy efficiency program and determined by the Energy Systems Laboratory to be in
compliance with the energy efficiency requirements of this section may, at the option of the Code
Official, be considered in compliance. The United States Environmental Protection Agency's
Energy Star Program certification of energy code equivalency shall be considered in compliance.
(2) Section 302.1; Replace blank Table 302.1 Exterior Design Conditions with the following:
VALUE
17
100
78
2407
2603
58
a. These values are from ASHRAE Handbook of Fundamentals for Dallas/Ft. Worth International
Airport 99.6% Winter DB, 0.4% Summer DB, and 0.4% Summer W8; and from Local
Climatological Data for Dallas-Ft. Worth published by the National Climatic Data Center, National
Oceanic and Atmospheric Administration. These values are for the purpose of providing a
uniform basis of requirements for North Central Texas. This will not preclude licensed
professionals from submitting design analyses based on site measurements or published data
more specific to the building site. Adjustments shall be permitted to reflect local climates which
differ from the tabulated values, or local weather experience determined by the code official.
1
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(3) Add the following section: Section 303 City of Denton Minimum Requirements
1. Glazing R-value 1.66 V-factor 0.600
2. Attic Insulation R-value 38 V-factor 0.026
3. Walllnsulatlon R-value 13 V-factor 0.077
4. Floor Insulation R-value 19 V-factor 0.052
5. Basement Wall R-value 7 V-factor 0.142
6. Slab Perimeter R-value 0 V-factor 0.000
7. Crawlspace Wall R-value 13 V-factor 0.077
8. SEER Rating SEER - 13
(4) Section 502.1.1; delete exception #2 and substitute the following:
2. Buildings located in Climate Zones 5b.
(5) Section 502.1.5; add the following exceptions:
Exceptions:
1. Any glazing facing within 45 degrees of true north;
2. Any glazing facing within 45 degrees of true south which is shaded along its full width by
a permanent overhang with a projection factor of 0.3 or greater.
3. Any fenestration with permanently attached screens where the screens have a rated
shading coefficient of .6 or less.
(6) Section 502.2; Replace blank Table 502.2 Heating & Cooling Criteria with the following:
Table 502.28,g
HEATING AND COOLING CRITERIA
Element Mode Detached One-Family Detached Two-Family
Dwellings Dwellings
Uo Uo
Walls Heatina or coolina 0.077 0.077
Roof/ceilina Heatina or coolina 0.026 0.026
Floors over unheated Heating or cooling 0.052 0.052
spaces
Heated slab on grade Heatina R-value = 6 R-value = 6
Unheated slab on Heating R-value = 0 R-value = 0
grade
Basement wall Heatina or cooline V-factor = 0.142 U-factor = 0.142
Crawl space wall Heatina or cooline V-factor = 0.077 U-factor = 0.077
-Delete Note "a" and replace with the following:
a. The above values have been determined for the City of Denton.
-Add Note "g":
g. These requirements apply only to the boundaries of conditioned space. Air conditioning
equipment and ductwork is recommended, but not required, to be located within the conditioned
space in North Central Texas zones.
-Delete Figures S02.2(1M6)
(7) Section 502.2; Add note to Fig 502.2(7):
All counties within the North Central Texas Council of Governments region are designated as
within the area of very heavy termite infestation probability for purpose of uniform interpretation of
this requirement.
(8) Section 502.2.2; add a second paragraph as follows:
2
S:\Our Documents\Ordinances\05\Energy Code Ordinance.doc
A building demonstrating envelope compliance at least 10% better than code may utilize R6 duct
insulation in both supply and return air ducts in lieu of the insulation required by Table 503.3.3.3.
(9) Section 502.2.4; Delete prescriptive Tables 502.2.4(1-9) and substitute the fol/owing:
**Replace Tables 502.2.4 (1-6) with:
Table 502.2.4(1)
Prescriptive Building Envelope Requirements, Detached One-Family Dwellings. Based on
Window Area as a Percent of Gross Exterior Wall Area
Maximum Minimum
Glazing Ceiling Exterior Floor Basement Slab Crawl
U-factor R-value wall R-value wall perimeter space
R-value R-value R-value wall
and R-value
de h
0.60 R-38 R-13 R-19 R-7 R-O R-13
0.60 R-38 R-13 R-19 R-7 R-O R-13
0.60 R-38 R-13 R-19 R-7 R-O R-13
0.52 R-38 R-13 R-19 R-7 R-O R-13
0.50 R-38 R-13 R-19 R-7 R-O R-13
0.46 R-38 R-16 R-19 R-7 R-O R-13
(10) Replace Tables 502.2.4 (7-9) with:
Table 502.2.4(2)
Prescriptive Building Envelope Requirements, Detached Two-Family Dwellings, Based on
Window Area as a Percent of Gross Exterior Wall Area
Maximum Minimum
Glazing Ceiling Exterior Floor Basement Slab Crawl
U-factor R-value wall R-value wall perimeter space
R-value R-value R-value wall
and R-value
de
0.55 R-38 R-13 R-19 R-7 R-O R-13
0.55 R-38 R-13 R-19 R-7 R-O R-13
0.47 R-38 R-13 R-19 R-7 R-O R-13
(11) Table 503.3.3.1 MINIMUM PIPE INSULATION. Amend footnote "a" to read as follows:
a. For piping lengths in excess of five (5) feet exposed to outdoor air, increase the insulation
thickness by 0.5 inch.
(12) Table 503.3.3.3; add footnote He"~ as follows:
e. See Section 502.2.2
(13) Section 503.3.3.4.3; change first sentence to read as follows:
503.3.3.4.3 Sealing required. All joints, longitudinal and transverse seams, and connections in
ductwork, shall be made substantially airtight by means of welds, gaskets, mastics (adhesives),
mastic-plus-embedded-fabric systems or tapes or other approved closure systems. {Remainder
to remain unchanged}
(14) Section 602.1.6; delete last sentence of exception.
(15) Section 602.2 Maximum solar heat gain coefficient for fenestration products. Add the
following exceptions:
3
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Exceptions:
1. Any glazing facing within 45 degrees of true north;
2. Any glazing facing within 45 degrees of true south which is shaded along its full width by
a permanent overhang with a projection factor of 0.3 or greater.
3. Any fenestration with attached screens where the screens have a rated shading
coefficient of .6 or less.
(16) Section 802.2; Replace blank tables 802.2 (1-4) with the completed tables provided on
the following four pages. Delete tables 802.2 (5-37).
4
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TABLE 802.2(1)
BUILDING ENVELOPE REQUIREMENTS
WINDOW AND GLAZED DOOR AREA 10 PERCENT OR LESS OF ABOVE-GRADE WALL
AREA
ELEMENT CONDITIONNALUE
Skvllahts (U-factor) 1
Slab or below-arade wall (R-value) R-O
Windows and glass doors SHGC U-factor
PF < 0.25 Anv Any
0.25 < PF < 0.50 Any Any
PF > 0.50 Anv Anv
Roof assemblies (R-value) Insulation between Continuous insulation
framina
All-wood joist/truss R-19 R-16
Metal joist/truss R-25 R-17
Concrete slab or deck NA R-16
Metal purlin with thermal block R-25 R-17
Metal purlin without thermal block X R-17
Floors over outdoor air or Insulation between Continuous insulation
unconditioned space (R-value) framlna
All-wood joist/truss R-11 R-6
Metal joist/truss R-11 R-6
Concrete slab or deck NA R-6
Above-grade walls (R-value) No framing Metal framing Wood framina
Framed
R-value cavity NA R-11 R-11
R-value continuous NA R-O R-O
eMU, > 8 in., with inteQral insulation
R-value cavity NA R-O R-O
R-value continuous R-O R-O R-O
Other masonry walls
R-vaJue cavity NA R-O R-O
R-value continuous R-O R-O R-O
5
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TABLE 802.2(2)
BUILDING ENVELOPE REQUIREMENTS
WINDOW AND GLAZED DOOR AREA OVER 10 PERCENT BUT NOT GREATER THAN 25
PERCENT OF ABOVE-GRADE WALL AREA
ELEMENT CONDITIONNALUE
Skylights (U-factor) 1
Slab or below-grade wall (R-value) R-O
Windows and glass doors SHGC U-factor
PF < 0.25 0.6 Any
0.25 < PF < 0.50 0.7 Any
PF > 0.50 Anv Any
Roof assemblies (R-value) Insulation between Continuous insulation
framing
All-wood joist/truss R-25 R-19
Metal joist/truss R-25 R-20
Concrete slab or deck NA R-19
Metal purlin with thermal block R-30 R-20
Metal purlin without thermal block X R-20
Floors over outdoor air or Insulation between Continuous insulation
unconditioned space (R-value) framina
All-wood joist/truss R-11 R-6
Metal joist/truss R-11 R-6
Concrete slab or deck NA R-6
Above-arade walls (R-value) No framing Metal framing Wood framina
Framed
R-value cavity NA R-11 R-11
R-value continuous NA R-O R-O
CMU, > 8 in., with integral insulation
R-value cavity NA R-11 R-11
R-value continuous R-5 R-O R-O
Other masonry walls
R-value cavitV- NA R-11 R-11
R-value continuous R-5 R.Q R-O
6
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TABLE 802.2(3)
BUILDING ENVELOPE REQUIREMENTS
WINDOW AND GLAZED DOOR AREA OVER 25 PERCENT BUT NOT GREATER THAN 40
PERCENT OF ABOVE-GRADE WALL AREA
ELEMENT CONDITIONNALUE
Skylights (U-factof) 1
Slab or below-arade wall (R~value) R-O
Windows and glass doors SHGC U~factor
PF < 0.25 0.4 0.7
0.25 < PF < 0.50 0.5 0.7
PF> 0.50 0.6 0.7
Roof assemblies (R~value) Insulation between Continuous insulation
framina
AII~wood joist/truss R~25 R~19
Metal joist/truss R-25 R~20
Concrete slab or deck NA R-19
Metal purlin with thermal block R-30 R-20
Metal purlin without thermal block X R-20
Floors over outdoor air or Insulation between Continuous Insulation
unconditioned space (R~value) framina
AII~wood joist/truss R-11 R-6
Metal joist/truss R-11 R-6
Concrete slab or deck NA R-6
Above-ilrade walls (R~valuel No framlna Metal framing Wood framina
Framed
R~value cavity NA R-11 R~11
R-value continuous NA R-O R-O
eMU, > 8 in., with intearal insulation
R-value cavity NA R-11 R-11
R-value continuous R-5 R~O R-O
Other masonry walls
R-value cavity NA R-11 R-11
R-value continuous R-5 R-O R-O
7
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TABLE 802.2(4)
BUILDING ENVELOPE REQUIREMENTS
WINDOW AND GLAZED DOOR AREA OVER 40 PERCENT BUT NOT GREATER THAN 50
PERCENT OF ABOVE-GRADE WALL AREA
ELEMENT CONDITIONNALUE
Skvllghts fU-factor) 1
Slab or below-arade wall fR-value) R-O
Windows and glass doors SHGC U-factor
PF < 0.25 0.4 0.7
0.25 < PF < 0.50 0.5 0.7
PF > 0.50 0.6 0.7
Roof assemblies (R-value) Insulation between Continuous insulation
framlna
All-wood joist/truss R-25 R-19
Metal joist/truss R-25 R-20
Concrete slab or deck NA R-19
Metal purlin with thermal block R-30 R-20
Metal purlin without thermal block R-38 R-20
Floors over outdoor air or Insulation between Continuous insulation
unconditioned space (R-value) framina
AU-wood joist/truss R-11 R-6
Metal joist/truss R-11 R-6
Concrete slab or deck NA R..e
Above-grade walls (R-value) No framlna Metal framing Wood framlna
Framed
R-value cavity NA R-13 R-11
R-value continuous NA R-3 R-O
CMU, > 8 in., with intearal insulation
R-value cavity NA,NA R-11 R-11
R-value continuous R-5 R-O R-O
Other masonry walls
R-value cavity NA R-11 R-11
R-value continuous R-5 R-O R-O
(17) Add footnote '.,.' to SHGC column heading in Tables 802.2 (2), 802.2 (3) and 802.2 (4)
to read as follows:
f. Minimum SHGC requirements do not apply to glazing as follows:
1. Any glazing facing within 45 degrees of true north.
2. Any glazing facing within 45 degrees of true south which is shaded along its
full width by a permanent overhang with a projection factor of 0.30 or greater.
3. Any glazing with permanent attached screens where the screens have a rated
shading coefficient of 0.60 or less.
(18) Section 805.2.1 Interior UghtJng Controls; add a third sentence to read:
Large spaces shall have a separate switch or control for each 2500 square feet of floor area.
(19) Delete Figures 902.1 (1-43, 45-51).
(20) Chapter 10; Replace referenced standard as follows:
ASHRAE 90.1-2001 Energy Standard for Buildings Except Low-Rise Residential
Buildings
ASHRAElIES -- 99
Energy Efficient Design of New Buildings Except Low-Rise Residential
Buildings -- 1999 Edition
8
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Chapter 10 - Referenced Standards: Under the heading ASHRAE and IESNA, change the
Standard Reference Number from 90.1-2001 to 90.1-1999.
END
SECTION 2. That if any provision of this ordinance or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other
provision or applications, and to this end the provision of this ordinance are severable.
SECTION 3. That all provisions of the ordinances of the City of Denton in
conflict with the provision of this ordinance are hereby repealed, and all other provisions
of the ordinances of the City or Denton, not in conflict with the provision of this
ordinance, shall remain in full force and effect.
SECTION 4. That any person violating any provision of this ordinance shall,
upon conviction, be fined a sum not to exceed five hundred dollars ($500.00). Each day
that a provision of this Ordinance is violated shall constitute a separate and distinct
offence.
SECTION 5. That this ordinance shall become effective fourteen (14) days form
the date of its passage, and the City secretary is hereby directed to cause the caption of
this ordinance to be published twice in the Denton Record Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days ofthe date of its passage.
PASSED AND APPROVED this the
day of
2006.
EULINE BROCK., MA YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
9
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2006
CM:
Parks and Recreation Department
Howard Martin, 349-8232 ..
DEPARTMENT:
SUBJECT
Receive a briefing, hold a discussion, and give staff direction regarding Code Enforcement
Issues.
BACKGROUND
On October 13, 2005, staff presented recommended regulations in ordinance format
regarding four issues outlined in the Matrix of Code Enforcement Issues: yard parking,
on-street parking of RVs, boats, and campers, limiting used car sales on non-business
private properties, and fence maintenance. Council requested that the restriction on
parking or storing vehicles "in excess of eight feet six inches in width or 40 feet in length,
including recreational vehicles, travel trailers, boats or boat trailers, in any residential
zoned district" be removed. Council provided that this restriction could be reviewed at a
later date. Council also requested a review of the provision that disallowed "a driveway,
improved parking surface or combination of the two to cover more than 50 percent of the
front yard of the lot" to ensure that it does not prohibit circle driveways.
Staff was directed to review and revise the ordinances and to bring them back to Council
for approval. Further review of the outstanding items in the Matrix of Code Enforcement
Issues will be provided at future work sessions based on Council prioritization and
direction. These items include:
1. Increase in Admini strati ve Fees
2. Placement of Trash/Recycling Containers during Non-collection Days
3. Creation of Mowing/Litter/ROW Crew
4. Requirement for Garage Sale Permit
5. Limitation of Garage Sale Signage
6. Rental Inspection Program-Substandard Structures
RECOMMENDA TION
Staff recommends adoption of the revised "Certain Parking Regulations" and "Fences"
ordinances.
OPTIONS
Council may accept the ordinances as presented and direct staff to place them on a Regular
Session agenda for approval or direct staff to make additional revisions.
1
PRIOR ACTIONIREVIEW
October 13, 2005, City Council Work Session.
EXHIBITS
1. Certain Parking Regulations Ordinance
2. Fences Ordinance
3. Matrix of Code Enforcement Issues
Prepared By:
" w~. 'i, ,;.qA'~
~"A~,^"..,..A dj!, r.; "" "';:
7~.r~\~ ';iJ~ k,~~7;;
\4 ;12\ (,ji,
Lancine Bentley
Program Area Manager
Respectfully submitted:
Janet
Parks and Recreation Department
2
S: lOur Documents IOrdinances I06\RecreationalCommercialV ehicleParkingOrdinance.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 20 BY CREATING ARTICLE VI ENTITLED "CERTAIN PARKING
REGULATIONS"; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR
VIOLATIONS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article VI titled "Certain Parking Regulations" of Chapter 20 of the Code
of Ordinances ofthe City of Denton is hereby created and it shall read as follows:
ARTICLE VI. CERTAIN PARKING REGULATIONS
Sec. 20-180. Definitions.
Improved surface means an area paved with concrete, asphalt or comparable surfacing,
constructed to standards on file in the office of the Director of Engineering. All improved
surfaces shall be constructed in compliance with any applicable standards set forth in the Denton
Development Code and the City of Denton Transportation Criteria Manual.
Motorcycle means a motor vehicle designed to propel itself with not more than three wheels in
contact with the ground. The term does not include a tractor or any other self-propelled farm
equipment.
Motor vehicle for the purposes of this article shall only include passenger cars, pickup trucks and
motorcycles.
Passenger car means a self-propelled vehicle designed or used primarily for the transportation of
persons upon streets and does not include truck-tractors, trailers, campers, recreational vehicles,
travel trailers or farm tractors.
Street means the width between the boundary lines of a publicly maintained way any part of
which is open to the public for vehicular travel.
Truck-tractor means a motor-driven vehicle designed and used primarily for drawing another
vehicle and not constructed to carry a load other than a part of the weight of the vehicle and load
to be drawn.
Vehicle means a device in or by which a person or property is or may be transported or drawn
on a public highway, or on any waterway and shall include all motor vehicles, trailers, campers,
camper shells, wheeled towing frames, recreational vehicles, truck-tractors, travel trailers, self-
propelled farm equipment, motor-boats or boat trailers. For the purposes of this article, vehicles
EXHIBIT 1
S: lOur Documents IOrdinances I06\RecreationalCommercialV ehicleParkingOrdinance.doc
shall not include non-motorized bicycles, skateboards, roller skates, or any other non-motorized
toy vehicle.
Sec. 20-181. Parking for certain purposes.
No person shall park a vehicle upon any street in the city for the purpose of:
(l) Displaying such vehicle for sale;
(2) Washing, greasing or repairing such vehicle, except repairs necessitated by an
emergency;
(3) Advertising or soliciting business; or
(4) Selling merchandise from such vehicle.
Sec. 20-182 Vehicles for Sale.
(a) No person may have or allow more than one used vehicle for sale on private property.
(b) No vehicle for sale may be on any right-of-way or easement nor may any vehicle for sale
be within 100 feet of the right-of-way or easement.
(c) Subsection (b) shall not apply if the vehicle for sale is parked on the improved portion of
the residential property.
(d) This section shall not apply to any new or used car dealerships provided that the car
dealership is in compliance with all state laws and city ordinances.
Sec. 20-183. Parking not to obstruct traffic.
(a) No person shall park any motor vehicle upon a street or alley in such a manner or under
such conditions as to leave available less than ten (l0) feet of the width of the roadway
for the movement of vehicular traffic.
(b) No person shall park any vehicle upon the street in any manner as to obstruct the loading
or unloading of any solid waste container.
Sec. 20-184. Parking nuisances.
(a) Parking regulations. It is a nuisance and shall be deemed illegal for any person to park in
violation of the following provisions:
(1) It shall be unlawful for a person to park or store or allow another to park or store a
recreational vehicle, travel trailer, boat or boat trailer or any vehicle other than a
motor vehicle on any public right-of-way in any residential zoned district.
Page 2 of 4
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(2) It shall be unlawful for a person to park or store or allow another to park or store a
vehicle in the front yard of any property upon any surface other than an improved
surface. Any improved surfaces used or added for the purpose of parking vehicles
on any front yard of any lot shall be in compliance with the Denton Development
Code and any other applicable ordinances.
(3) It shall be unlawful for any person to park or store or allow another to park or
store a vehicle in the side yard or in the rear yard of any lot, upon any surface
other than an improved surface unless such vehicle is concealed from view from
all points along public streets and alleys by a solid, opaque fence or wall
providing full screening from the ground to a minimum height of six feet. Any
fencing must be in compliance with the Denton Development Code and all
applicable ordinances and laws regarding fencing.
(4) It shall be unlawful for any person to park or store or allow another to park or
store a vehicle on any unimproved lot, easement, or right-of-way.
(6) It shall be unlawful to use a vehicle for living or sleeping quarters, or for the
storage of trash, debris or personal property not normally associated with the
vehicle.
(b) Maintenance of improved parking surface. It shall be unlawful for any person to fail to
maintain all improved parking surfaces in good and safe condition, and free of any
defects affecting the use, safety, appearance or drainage of the surface or of the adjoining
property.
SECTION 2. 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 effect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas here by declares it would have
enacted such remaining portions despite any invalidity.
SECTION 3. Save and except as amended hereby, all the proVISIOns, sections,
subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 4. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day.
Each day that a provision ofthis ordinance is violated shall constitute a separate offense.
SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is hereby directed to cause the caption
of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper
ofthe City of Denton, Texas, within ten (10) days ofthe date of its passage.
Page 3 of 4
S: lOur Documents IOrdinances I06\RecreationalCommercialV ehicleParkingOrdinance.doc
PASSED AND APPROVED this the _ day of
,2006.
EULINE BROCK, MAYOR
ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER CITY ATTORNEY
BY:
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Page 4 of 4
S: lOur Documents IOrdinances I06\F encesOrdinance3. doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE PROVISIONS
OF CHAPTER 20 BY CREATING ARTICLE V ENTITLED "FENCES"; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE; AND
PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. Article V titled "Fences" of Chapter 20 of the Code of Ordinances of the
City of Denton is hereby created and it shall read as follows:
ARTICLE IV. FENCES
Sec. 20-171. Definitions.
Designee means the city manager or his duly appointed representative.
Owner means any person or entity shown as the property owner on the latest property tax
assessment rolls or any person having or claiming to have any legal or equitable interest in the
property, including any agent who is responsible for managing, leasing or operating the property
and including any tenant.
Sec. 20-171. Maintenance of fences.
(a) The owner of any property shall replace broken, damaged, removed or missing parts
of a fence within ten (10) days of, the day the owner received notice from the
designee, with the same material, or material with comparable composition, color,
size, shape and quality of the original fence to which the repair is being made. The
designee may, upon written notice from the owner that unusual circumstances
prevent the timely repair of a fence, extend the replacement time as required. The
designee shall not extend the replacement time longer than reasonably necessary.
The owner requesting a replacement time extension shall provide the designee a
written scope and schedule detailing materials and estimated time period of the
completed replacement for approval. No person shall use materials not specifically
manufactured as fencing materials such as plywood, corrugated steel panels, or
fiberglass panels as fencing materials.
(b) An owner shall maintain all fences in sound structural condition.
(c) All owners shall maintain fences, including those existing prior to the adoption of this
chapter, at all times in a state of good repair, safe and secure condition with all
braces, bolts, nails, supporting frame and fastenings free from deterioration, termite
infestation, rot, rust or loosening, and able to withstand at all times the wind pressure
for which they were designed.
EXHIBIT 2
S: lOur Documents IOrdinances I06\F encesOrdinance3. doc
(d) A fence or wall on the property shall not preclude the property owner's responsibility
to maintain and keep the area between the fence or wall and the back of the curb, the
edge of the pavement, or any adjacent property line free and clear of debris and high
weeds.
(e) It is a defense to prosecution under subsection (a), if an owner completely removes a
fence which was in disrepair, provided that the owner is not required to keep a fence
pursuant to any other law or regulation. (See Section 20-174).
Sec. 20-172. Abatement and notice procedures.
The abatement and notice procedures provided for in Sections 20-131 through 20-134 shall apply
to violations of this section and this article.
Sec. 20-173. Proof requirements.
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense
defined by this article.
Sec. 20-174. Applicability of other laws regarding fences.
Nothing in this article shall limit any other requirements regarding fencing, including but not
limited to requirements established by the following:
(a) Homeowner's Associations;
(b) The Denton Development Code, including Chapter 13 ofthe Code;
(c) Regulations relating to businesses where alcohol is sold;
(d) Regulations regarding swimming pool fences;
(e) Zoning requirements; and
(f) Any other applicable local, state, or federal law regarding fencing requirements.
SECTION 2. 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 effect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas here by declares it would have
enacted such remaining portions despite any invalidity.
SECTION 3. Save and except as amended hereby, all the proVISIOns, sections,
subsections paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 4. Any person found guilty of violating this ordinance by a court of
competent jurisdiction shall be fined a sum not to exceed five hundred dollars ($500) per day.
Each day that a provision ofthis ordinance is violated shall constitute a separate offense.
Page 20f3
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SECTION 5. This ordinance providing for a penalty shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is hereby directed to cause the caption
of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper
ofthe City of Denton, Texas, within ten (10) days ofthe date of its passage.
PASSED AND APPROVED this the _ day of
,2006.
EULINE BROCK, MAYOR
ATTESTED:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER CITY ATTORNEY
BY:
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AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2005
CM:
Planning and Development
Howard Martin, 349-8232 ..
DEPARTMENT:
SUBJECT: Receive a report, hold a discussion and give staff direction on possible amendments
to requirements for parking in front of buildings and to criteria for Alternative Development
Plans (ADP's).
BACKGROUND:
On September 6, the Council finalized its prioritization of possible amendments to the Denton
Development Code. Parking in front of buildings was identified as a high priority amendment.
Because of the analysis performed concerning parking in front of buildings and Council
discussions on Alternative Development Plans (ADP's), staff has also identified specific issues
associated with the Development Code sections on Alternative Development Plans. Therefore
this report addresses parking in front of buildings (otherwise referenced as parking between the
building and the street) as well as Alternative Development Plans.
Parking Between the Building And the Street
The Development Code provisions concerning parking being required behind buildings
apparently responds to the Denton Plan (see page 69 in the Urban Design sections, page 86
concerning arterial). The parking in the rear or side requirement was apparently put in place in
order to create a streetscape and an environment along the street that is pedestrian friendly.
Currently, new non-single family development throughout Denton is subject to the requirement
to park behind buildings. Is this requirement acceptable in already primarily built out areas (e.g.
University Drive Corridor)? Is the requirement acceptable in Unicorn Lake? In Unicorn Lake,
arguably a greenfield, already two ADP's associated with parking between the building and the
street have been granted. Are there transportation corridors in which Denton wants to foster
certain streetscapes and pedestrian environments in which the prohibition should be continued?
Staff agrees that universally requiring parking behind buildings is not reasonable. However,
certain, and perhaps most greenfield development and certain transportation corridors and entry
corridors should continue to be subject to the parking prohibition in order to achieve Denton Plan
goals.
The current applicability of the requirement for parking to be behind buildings is as follows for
multi-family: RC, NRMU-12, NRMU, DR-2, DC-N, DC-G, CM-G, CM-E, RCR-l, RCR-2,
RCC-N, RCC-D. The current applicability of the requirement for parking to be behind buildings
is as follows for all non-residential and mixed use buildings: All districts except RD-5, NR-l
through NR-6.
Staff proposes that land in the following zoning categories continue to be subject to the
requirement for parking behind buildings: Neighborhood Residential (NRMU 12 and MRMU),
Downtown University Core districts, and Community Mixed Use Centers districts and specific
Regional Mixed Use Centers.
Staff proposes that the following areas, zoned in the above categories should be exempt from the
requirement to park behind buildings:
. If the proposal meets the definition of infill, the proposal would not be subject to the
parking behind the building requirements.
. All land within 100 feet of the University Drive Corridor;
. All land within 100 feet either side ofI-35W, 1-35E, and Loop 288;
. The RCR-l, RCR-2, RCC-N, and RCC-D zoned properties north and south of 1-35E in
the area surrounding the Golden Triangle Mall;
. All land within 100 feet of the US Highway 77 between Locust Street and 1-35 (See
Attachment 1).
Alternative Development Plans
Subchapter 13 - Site Design Standards of the Development Code - sets forth design criteria for
development of both residential and nonresidential structures. In order to allow flexibility in
design, an applicant may propose an ADP, which meets or exceeds the design objectives of this
subchapter but meets them in an alternative way.
Attachment 2 is a table that identifies the 26 ADP's that have been approved since the
Development Code was adopted. It also identifies the reason for the ADP. Several ADP's
addressed more that one standard (e.g., permeable paving and parking in front of a building).
Only one was for an environmentally sensitive area. Of the 26 ADP's, 11 were for parking in
front of a building (or between the building and the street). Two of those 11 were for public
school facilities (Guyer High School and C.R. Collins Stadium) and should not considered in this
discussion. Of the remaining 15 ADP's, 9 were for pervious paving and 6 are divided into
parking lots, street trees, and tree canopy coverage.
Attachment 2 also illustrates the mitigation for each ADP that has been approved. As an
example, mitigation for parking in front of buildings the has included the following:
. Landscape above the minimum required (from 0 to a high of 4.5% above the minimum
required).
. Berms, rock features and decorative walls, monuments, trellises.
. Additional trees: ranging from 0 to 11 to 5 to 40 up to 45 additional trees.
. Canopy above the minimum parking tree canopy: 0 to 1.5% to 7% to 9.2% to 15.2 to
29% to 35% above the minimum.
. Pedestrian connectivity provided to the Rails to Trails.
To address the tree canopy coverage issue, the Development Code was amended to change tree
canopy requirements in certain industrial zones. This remainder of this report examines other
changes that may need to be made to the Development Code standards as a result of ADP' sand
what changes may need to be made to the ADP criteria.
Attachment 3 is a map identifying the 11 requested ADP's for parking in front of buildings and
its zoning category. Attachment 4 is a listing of the zoning categories and ADP's shown on
Table 2.
Summary Of Possible Changes To Parking In Front Of Building Requirements And To
ADP's:
Attachment 5 is the proposed amendment, which includes identification of areas in which the
requirements should be continued and changes proposed for parking between the building and
the street include the following: identification of locations to be exempt from this requirement,
proposals for transportation corridors to be exempt from these requirements and design standards
addressing the principal structure of property.
Changes that could be made to the existing ADP criteria include identifying specific creation of
mitigation measures for each type of ADP. Applicants approach the city regularly wanting to
know what mitigation measures or alternative standards are acceptable to the city. Developers
seek guidance concerning what to propose in their alternative plans. The identified changes seek
to respond the that request for guidance as well as to attempt to ensure that the alternatives that
are approved in fact further the goals and objectives of the Denton Plan. A definition for ADP
and site plan are included.
OPTIONS:
1. Direct staff to proceed with the amendments
2. Direct staff to proceed with the amendments with changes
3. Direct staff to take another direction
ATTACHMENTS:
1. Map 1 ADP Exempted Land Use Locations and Transportation Corridors
2. Table 1 ADP Analysis of 2002-2005 Cases
3. Map 2 2002-2005 Approved ADP Parking Locations
4. Table 2 2002-2005 Approved ADP Zoning Designations
5. Draft amendment Proposed Development Code Amendment
Respectfully submitted:
Kelly Carpenter, AICP
Planning and Development Director
ATTACHMENT 1
MAP 1
ADP EXEMPTED LAND USE LOCATIONS
AND TRANSPORTATION CORRIDORS
LEGEND
_n_. City Limits
_ Interstate 35
_ University Drive
Corridor
_ Loop 288
_ US Highway 77 (Between 135E and Locust)
_ Locust Street Corridor (Between University and Eagle)
_ Elm Street Corridor (Between University and Eagle)
Regional Commercial
_ RCR-1
_ RCR-2
_ RCC-N
_ RCC-D
_ RCC"D Not Exempted
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Attachment 3
MAP 2. 2002 - 2005 APPROVED ADP PARKING LOCATIONS
Legend
- City Limits
Parcels
RD-5
RC
NR-1
NR-2
NR-3
NR-4
NR-6
NRMU-12
NRMU
DR-1
DR-2
DC-N
DC-G
CM-G
CM-E
RCR-1
RCR-2
RCC-N
RCC-D
EC-C
EC-I
IC-E
IC-G
PD
MF-1
A
ETJ
Attachment 4
S P02-000l RCC-D
(Denton Crossing)
2 S P02-0003 DC-G
(Chuck E. Cheese)
3 SP02-OD08 DC-G
(151 state Bonk)
4 S P02-0009 NRMU-12
(The Timbers of Denton)
5 AD P03-0OD 1 NR-2
(Teasley Lone High School)
6 AD P03-0002 NR-4
(C.H. Collins Athletic Complex)
7 AD P03-0004 DR-2
(Ave A & Fanning st)
8 AD P03-OD05 RCC-D
(Brinker Crossing)
9 AD P03-0006 RCC-N
(Solly Beauty Service Center)
10 A DP03-0007 RCC-N
(Quantum family Medical)
11 AD P03-OD08 CM-G
(Buchanon Addition)
12 AD P03-0009 NRMU
(Denton Bible Church)
13 A D P03-00l 0 DC-G
(Denton Station Theater Center)
14 AD P04-000 1 DR-2
(Prairie Oaks II)
15 AD P04-0002 EC-I
(Russell Newman)
16 AD P04-0004 RCC-N
(Sonic Drive-in)
17 AD P04-0005 CM-G
(William Mitchell Office Bldg)
18 AD P04-0006 NRMU-12
(Renaissance Court)
19 AD P04-0008 RCC-D
(Denton Towne Crossing)
20 AD P04-0009 RCC-D
(Shady Oak BBQ & Mexican Inn)
21 A DP05-0001 IC-E
(Anderson Merchandisers)
22 AD P05-0002 IC-E
(Granite Point)
23 AD P05-0003 NRMU
(Denton Bible Church)
24 AD P05-0004 NR-6
(Glenwood Meadows ESA)
24 AD P05-0005 NRMU
(Lillian Miller Office)
26 AD P05-0006 NR-2
(Taylor Park Church of the Nazarene)
27 A DP05-0007 RCC-D
(Washin ton Federal Savin s)
Attachment 5. Proposed Development Code Amendments
35.13._ Requirements for Parking to be Behind Buildings
The current applicability of the requirement for parking to be behind buildings is as
follows for multi-family: RC, NRMU-12, NRMU, DR-2, DC-N, DC-G, CM-G, CM-E,
RCR-l, RCR-2, RCC-N, RCC-D. The current applicability of the requirement for
parking to be behind buildings is as follows for all non-residential and mixed use
buildings: All districts except RD-5, NR-l through NR-6.
Lands in the NRMU-12, NRMU, Downtown University Core districts, Community
Mixed Use Center districts and Regional Mixed Use Center districts should be subject to
the requirement for parking behind the building and may not utilize the ADP to avoid
parking behind the buildings (e.g., not between the building and the street) except as
noted.
The following properties should be exempt from the requirement:
a. If the proposal meets the definition of infill, the proposal would not be subj ect
to the parking behind the building requirements.
b. All land within 100 feet of the University Drive Corridor.
c. All land within 100 feet either side ofI-35W, 1-35E, and Loop 288
d. The RCR-l, RCR-2, RCC-N, and RCC-D zoned properties north and south of
1-35E in the area surrounding the Golden Triangle Mall.
e. All land within 100 feet of the US Highway 77 between Locust Street and 1-
35 (See Attachment 1).
f. Staff will need to identify landscape and hardscape standards for parking areas
in front of buildings since no such standards are currently in the code.
The following corridors may not utilize the ADP to avoid the requirement for parking
behind buildings:
a. The entrances to Downtown: Fort Worth Drive to Carroll up to Congress.
b. Dallas Drive from Teasley to the train bridge
c. Elm Street (between University Drive and Eagle Street)
d. Locust Street (between University Drive and Eagle Street)
e. Corridors in greenfields that are adjacent to any collector or arterial street on
the Mobility Plan or proposed new collector or arterial streets.
f. Other special corridors as defined by City Council
35.13.5
Alternative Development Plan
An applicant may propose an Alternative Development Plan, which meets or exceeds the design
objectives of this Subchapter but does not meet the standards of this Subchapter. The Alternative
Development Plan provides the option to address the design criteria through a flexible
discretionary process reviewed by the Planning and Zoning Commission with an appeal to City
Council utilizing the Physical Hardship Variance Procedure process outlined in Subchapter 3.
A. An Alternative Development Plan (ADP) is a site plan and includes a description of
site characteristics and development information. The alternative development plan also
includes a written narrative that identifies the sections of this Subchapter from which
deviation is proposed and identifies the mitigation measures and/or alternatives proposed
for each deviation, or identifies specifically how the overall ADP meets or exceeds the
design obj ectives of this Subchapter.
B. This section identifies acceptable mitigation measures:
1. ADP for Parking in front of the building
Applicable Mitigation Measures include the following and may be proposed
in combination:
. Direct pedestrian access from the right-of-way to the entrance of the
principal structure(s)in the form of a defined wide walkway and specially
delineated (e.g., by brick pavers and/or similar materials) in order to create
a pedestrian setting and add to the streetscape.
. The provision of landscaping above the required landscaping for the
underlying zone district. The additional landscaping may include trees,
shrubs, and additional ground cover that create a pedestrian setting and
add to the streetscape.
. A berm and/or low-lying wall along the entire front of the (ADP or lot) to
assist in creating a pedestrian setting or to add to the streetscape.
. In-lieu of not parking in front of the building, applicant enhances the
primary structure and all accessory structures with added architectural
features beyond those minimum features required by this Chapter. These
features may include cornices cupola, eaves, sills, bay windows, and other
decorative ornaments as long as the applicant demonstrates how these
features enhance or create the pedestrian features and the streetscape.
. Other measures which meet the intent of a pedestrian setting and/or
streets cape, including but not limited to: the creation of an plaza with a
focal point that may includes seating, public art, and water features such as
a fountain.
2. ADP for an Environmentally Sensitive Area
Applicable Mitigation Measures include the following and may be proposed in
combination:
. 25% percent, of all of the required landscaping or open space for the ADP
abuts the ESA.
. An additional 3% of the net developable area or 3% of the disturbed ESA,
whichever is greater, must be preserved for (public or private) opens
space. If private preservation is proposed, the preservation must be
documented and may include, but not be limited to an HOA or
conservation easements.
. Direct trail access meeting city standards constructed through the
proposed development to the ESA.
. Direct payment into the city's tree trust (fund) when applicant
demonstrates compliance with city's stated economic development or
housing goals.
3. ADP for Tree Preservation
Mitigation Measures include the following and may be proposed in combination:
. Payment into the tree fund in lieu of on-site tree plantings due to site
constraints.
. Developer transplants healthy native trees from the site (prior to
construction) to local churches or schools and receives credit for the
relocated canopy on the site.
. Transplanted trees or new trees purchased through tree fund may be
planted in a city owned and operated tree farm.
4. ADP for Landscaping
Mitigation Measures include the following and may be proposed in combination:
. Arrive at a realistic formula for X amount of sq. feet of required landscape
beds = X amount of caliper inches, paid into tree fund in lieu of on-site
plantings.
. Landscape area may be mitigated by hardscape (i.e.water features, tree
grates, benches, trash enclosures, and art work).
. Applicant must demonstrate by site plan or other methods the site
constraints that do not allow applicant to comply with landscape
standards.
5. ADP Other
. Mitigation measures will be quantifiable and based on the type of
requested ADP.
Add to Definitions and Terms section {35.23.2}
Site plan: a Plan drawn to scale showing uses and building sites proposed for a parcel of
land including lot lines, streets, open space, landscape features, pedestrian features,
parking, driveways, vehicular and pedestrian connectivity.
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2006
DEPARTMENT:
Fiscal Operations
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing
the City Manager to execute an agreement with Gila Corporation, D.B.A. Municipal Services
Bureau, for collection services relating to the collection of Municipal Court fines in accordance
with the Code of Criminal Procedure; providing for retroactive effect; and providing an effective
date.
BACKGROUND
The Municipal Court is requesting authorization for a temporary contract for collection of
delinquent fines and fees. This temporary contract will be replaced by the selection of a vendor
through a Request For Proposals (RFP) process authorized by City Council at the December 6,
2005, Work Session.
Benefits gained through this temporary agreement include collections of delinquent fines and
fees until the selection of a vendor is approved. In addition, collection procedures utilizing an
external collection firm can be refined during this temporary period.
PRIOR ACTIONIREVIEW
At the December 6, 2005, City Council Work Session, City Council directed staff to proceed
with a RFP for collection of delinquent fines and fees.
FISCAL INFORMATION
A 30% collection fee is assessed directly to the defendant by the collection firm; therefore, there
are no taxpayer dollars expended.
Respectfully submitted:
~~
~ ~1 : {
- l'<
~ . - . -?~ .... ;j.I. ~
Diana G. Ortiz
Chief Financial Officer
S:\OUT Documents\Ordinances\06\Municipal Services Bureau.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GILA
CORPORATION, D.B.A. MUNICIPAL SERVICES BUREAU, FOR COLLECTION
SERVICES RELATING TO THE COLLECTION OF MUNICIPAL COURT FINES IN
ACCORDANCE WITH THE CODE OF CRIMINAL PROCEDURE; PROVIDING FOR
RETROACTIVE EFFECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article 103.0031 of the Code of Criminal Procedure provides that the
governing body of a municipality may enter into a contract with an attorney or private vendor for
collection services and may also authorize the addition of collection fees in the amount of 30%
on each debt or account receivable such as fines, fees, restitution and other debts and costs, not
including forfeited bonds, that are more than 60 days past due and that have been referred to the
private vendor or attorney; and
WHEREAS, by Ordinance No. 2001-295, approved by the City Council on August 21,
2001, the City Council authorized the additional 30% collection fee allowed by Article 103.0031
of the Code of Criminal Procedure on each debt or account receivable such as fines, fees,
restitution, and other debts or costs, not including forfeited bonds, that are more than sixty days
past due and that have been referred to a private vendor or attorney; and
WHEREAS, the City has previously retained and engaged the services of Gila
Corporation, d.b.a. Municipal Services Bureau (hereinafter sometimes referred to as MSB) for
the Municipal Court collection services, which has demonstrated MSB's expertise of relevant
issues concerning the City; and
WHEREAS, City staff has reported to the City Council that there is a substantial need. for
the hereinabove described collection services, and that limited City staff cannot adequately
perform these specialized collection services with its own personnel; and
WHEREAS, the City Council hereby finds and concludes that MSB is appropriately
qualified under the provisions of the law to be retained as a Municipal Court collection agency
for the City; and
WHEREAS, the Code of Criminal Procedure provides for payment of the 30% additional
collection fee for the foregoing services and the City Council deems it in the public interest to
enter into a Contract For The Collection of Municipal Court Fines with MSB for Municipal
Court collection services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations in the preamble are true and correct, and are incorporated
herewith as part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute a Contract For The
Collection Of Municipal Court Fines with Gila Corporation, d.b.a. Municipal Services Bureau,
relating to Municipal Court collection services as set forth above and authorized by Article
S:\Our Documents\Ordinances\06\Municipal Services Bureau.doc
103.0031 of the Code of Criminal Procedure, in substantially the form of the Contract attached
hereto and incorporated herein by reference.
SECTION 3. The award of this Agreement is on the basis of the demonstrated
competence and qualifications of Gila Corporation, d.b.a. Municipal Services Bureau and the
ability of MSB to perform the services needed by the City for a fair and reasonable price in
accordance with the fees authorized by the Code of Criminal Procedure.
SECTION 4. All actions taken by the City Manager, City staff and MSB to provide
Municipal Court collection services which took place prior to the effective date of this Ordinance
are ratified and approved.
SECTION 5. This Ordinance shall become effective immediately upon its passage and
approvaL
PASSED AND APPROVED this the
day of
, 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
./'.
BY:
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CONTRACT FOR THE COLLECTION OF
MUNICIPAL COURT FINES
THE STATE OF TEXAS
s
s
s
COUNTY OF DENTON
TIllS CONTRACT is made and entered into by and between the City of Denton, 215 E.
McKinney, Denton, Texas 76201 ("CITY"), acting herein by and through its governing body, and
Gila Corporation, d.b.a. Municipal Services Bureau ('"FIRM"), a corporation authorized to do
business in Texas.
1. EMPLOYMENT OF FIRM
CITY agrees to employ and does hereby employ FlRM, as an independent contractor, and
FlRM hereby agrees to enforce by suit or otherwise the collection of all delinquent warrants on
cases filed in the CITY's Municipal Court, as well as any other debts, aCCOlll1ts receivable and other
debts owing to the City (delinquent Municipal Court records) which may be collected under Section
103.0031 of the Texas Code of Criminal Procedure as requested by the City. The FlRM shall
perform the following services:
A. FIRM shall perform any Municipal Court collection services authorized by the Section
103.0031 of the Texas Code of Criminal Procedure as may be requested by the City Manager or his
designee.
B. FlRM shall perform all these services set forth in the Task Order attached as Exhibit A
and made a part of this Contract for all purposes provided; however, in the event of any conflict
between the terms oftms Contract and Exhibit A, the terms of this Contract shall prevail.
C. FlRM hereby agrees to perform the services herein with diligence and in accordance
with the highest professional standards customarily obtained for such services in the State of Texas.
2. PROVISION OF INFORMATION
CITY agrees to furnish all necessary warrants and other Municipal Court collection
information to FIRM as indicated in the Exhibit A.
3. INVESTIGATION AND ASSISTANCE
FIRM. agrees to conduct investigations as to the address of each delinquent person where
such information may be incorrect on utility bills, delinquent tax records and other sources. FlRM
shall bring to the attention of the appropriate official of CITY any errors, discrepancies, or
inaccuracies in the information provided on the delinquent Municipal Court fine records detected
by FIRM. FIRM further agrees to provide CITY with any advice or assistance in connection with
updating the Municipal Court records. CITY shall make available to FIRM. information which
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CITY may have with regard to the name, identity, and location of necessary parties in connection
with each delinquent account upon request by FIRM.
4. PROCEDURES FOR COLLECTION
Upon initial receipt of the delinquent Municipal Court records by FIRM in computer
readable form, FIRM agrees to initiate procedures for the collection of the full amount due from
each delinquent person. Within a reasonable time frame but not more than sixty (60) days from
FIRM's receipt of the delinquent Municipal Court records, FIRM hereby agrees to send, by first
class mail, a notice of delinquency to each and every delinquent person, requesting said person to
remit the full amount due and owing to CITY.
5. REVIEW AND AUTHORIZATION
Following transmittal of the notice of delinquency as specified hereinabove, FIRM will
commence procedures in anticipation of litigation or other substantial collection action for
aggressive pursuit of collection. CITY shall have absolute discretion over those accounts on which
suit should be filed and shall pursue litigation itself or through contractors other than FIRM.
6. COLLECTION SERVICES
FIRM agrees (1) to provide CITY collections advice and written opinions regarding
collection matters upon request; (2) to respond.to delinquent person inquiries and to advise CITY,
in writing, or, and make any recommendations concerning installment payment agreements and
settlement agreements proposed by the delinquent person. CITY shall have final detennination in
acceptance of all installment payments or settlement agreements within parameters established by
CITY. FIRM shall have discretion to enter into installment agreements subj ect to CITY's
prerogative of final determination and FIRM shall notify CITY of each installment agreement
within one work day of the agreement. fu all demand letters and all communications with
delinquent persons, FIRM shall inform and instruct the person to remit the payment to FIRM. If
remittance is received by CITY, it will be transmitted in its entirety to FIRM and received for
processing within three business days. Checks made payable to CITY shall be endorsed by CITY
to FIRlvL
7. MANAGEMENT REPORTS
FIRM agrees to make delinquent collection management reports to CITY monthly and
quarterly, in a format containing information as requested by CITY's Executive Director of Finance
and Municipal Court Administrator. Management reports may include, without limitation:
1. Number of phone or other delinquent person contacts within first 180-day
period;
2. First demand letters mailed;
3. Number and value of bankruptcies filed;
4. Copies of proof of claims filed in bankruptcy court;
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5. Number and value of delinquent accounts not collected as a percentage of
total delinquent accounts provided by CITY for collection.
6. Any other information which is indicated under "Exhibit A" or as may be
required under the Contract.
Within parameters established at the initiation of the collection program, FIRM shall advise CITY
of any case in which FIRMts investigation has revealed that the delinquent person cannot be found,
the enforcement of a judgment cannot be accomplished, or further attempts at collection would be
futile and FIRM's recommendation relative to the proper disposition of the case. In such cases, the
CITY shall advise FIRM as to the appropriate disposition of the account.
8. COMPENSATION
A. As compensation for the services rendered hereunder by FIRM, CITY hereby agrees that
FIRM may collect a collection fee of thirty percent (30%) of the total amount of all delinquent
amounts, as authorized by Section 103.0031(b) of the Code of Criminal Procedure. All
compensation set forth above shall become the property of CITY at the time payment of the
delinquent fines or other amounts received by FIIDvI. Said collection fee will only be paid to FIRM
after it has been received from delinquent person as an additional amount added to the amount of
unpaid fine or other debt owed. FIRM shall not be entitled to the aforesaid thirty percent (30 %)
unless and until FIRM has taken some action in connection with recovering delinquent amounts.
The transmittal of a notice of delinquency shaH constitute sufficient action in order to entitle FIRM
to the fee aforesaid. In no event shall FIRM be entitled to any fee unless and until CITY actually
receives the delinquent fines, other amounts or court costs from FIRM. In no event shall FIRM be
entitled to any fee unless said fee is collected by FIRM during the tenn of this Contract or fee is
collected by CITY on account(s) upon which FIRM is attorney of record at the time of judgment.
FIRM shall pay said fines, other amounts or court costs to CITY by check monthly.
B. The compensation set forth in this paragraph of this Contract shall be the total
compensation due to FIRM from CITY for all services provided pursuant to this Contract and in no
event shall FIRM seek any additional compensation from CITY. CITY shall not be responsible to
pay for any services which are unsatisfactory or that the CITY has not approved.
9. CONFLICTS OF INTEREST
FIRM agrees not to represent any client who has an adversary position with the CITY,
engage in any conflict of interest and to fully comply with any applicable codes of professional
conduct or ethics laws for the duration of this Contract.
10. TERM
This Contract shall be on a month-to-month basis beginning on December 15, 2005 and
ending on the date the FIRM receives notice from the City that the contract has been terminated.
This Contract shall continue in full force and effect from month to month at the option of CITY,
unless either party delivers written notice to the other party of its intent to terminate this Contract at
least thirty (30) days prior to the date of the intended termination. FIRM shall have an additional
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six months to reduce to judgment and sale all collection lawsuits filed and collect all bankruptcy
claims filed prior to the termination date, and shall have the exclusive right to compensation offees
earned due to these suits during this six month period. CITY shall have the right to sooner
terminate this Contract by giving ten (10) days' written notice of such intention, or in the event of
any of the events taking place under Section 27 Tennination of Agreement". ill case of such
termination, FIRM shall be entitled to receive and retain all compensation due up to the date of said
tennination. Upon termination, FIRM shall immediately deliver all files in their entirety to CITY at
no cost to CITY.
11. SETTLE:MENTS
No settlements or compromises of fines or other collectable amounts shall be effected
where prohibited by law and where authorized by law, only upon approval by CITY.
12. NOTICE
Any notice or other written instnunent required or permitted to be delivered pursuant to the
terms of this Contract shall be deemed to have been delivered, whether actually received or not,
when deposited in the United States mail, postage prepaid, registered or certified, return receipt
requested, addressed to CITY or FIRM:, as the case may be, at the following addresses:
CITY
FIRM
City of Denton, Texas
ATTN: Assistant City Manager
Fiscal & Municipal Services
215 E. McKinney
Denton, TX 76201
Gila Corporation, d.b.a.
Municipal Services Bureau
ATTN: Thomas M. Giamboi
President & CEO
6505 Airport Blvd., Ste. 100
Austin, TX 78752
Either party may change its mailing address by sending notice of change of address to the
other at the above address by certified mail, return receipt requested.
13. VENUE
The terms, obligations and requirements of this Contract shall be construed in accordance
with the laws of the State of Texas. The obligations and requirements of the parties hereto are
performable in Denton County, Texas. Any litigation involving this Contract shall be tried in a
court of competent jurisdiction sitting in Denton County, Texas.
14. ACCEPTANCE OF EMPLOYMENT
ill consideration of the tenns, covenants and mutual agreements hereinabove stated, FIRM
hereby accepts the employment of CITY and undertakes the performance of this Contract as above
stated.
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15. DIRECTIVES
All directives between FIRM and CITY shall be confirmed in writing.
16. COVENANT NOT TO SUE
FIRM further agrees not to bring any cause of action against CITY relative to this Contract.
Should FIRM bring any cause of action against CITY, FIRM agrees the liquidated. damages shall
not exceed $1.00 and the filing of such cause of action shall be considered. a material breach of this
Contract.
17. AMBIGUITY
Any ambiguity within this Contract shall be liberally interpreted in favor of CITY.
18. ASSIGNl\1ENT
The rights and responsibilities of CITY under this Contract may be assigned by the City
Council to another governmental unit in Denton County without approval of FIRM. It is
understood and agreed that this is a specialized collection services contract and CITY is contracting
for the unique services of FIRM. FIRM's rights and responsibilities under this Contract may not be
assigned. by FIRM to another firm or collection agency without written approval of the assignment
by the City Council.
19. INDEMNITY AGREEMENT
The FIRM shall indemnify and save and hold hannless, and defend, at its own expense, the
CITY and its officers, agents, servants, and employees from and against any and allliability, suits,
claims, demands, damages, 10sses, 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, of whatever kind or character, whether real
or asserted., resulting from the negligent acts or omissions of the FIRM or its officers, shareholders,
agents, or employees in the execution, operation, or performance of this Contract whether arising
out of in whole or in part, from any and all alleged acts or omissions of officers, servants, or
employees of the CITY.
Nothing in this Contract shall be construed to create a liability to any person who is not a
party to this Contract, 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 Contract,
including the defense of govemmental immunity, which defenses are hereby expressly reserved.
20. INSURANCE
During the performance of the services under this Contract, FIRM shall maintain the
following insurance with an insurance company licensed to do business in the State of Texas by the
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State fusurance Commission or any successor agency that has a rating with Best Rated Carriers of at
least an A- or above:
Professional Liability fusurance with limits of not less than $1,000,000 annual aggregate.
The FIRM 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 30 days prior written notice to CITY and FIRM. fu such event, the FIRM shall, prior to the
effective date of the change or cancellation, serve substitute policies furnishing the same coverage.
21. ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Contract by submitting the dispute to
arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to this Contract, involving one party's
disagreement, may include the other party to the disagreement without the other's approval.
22. ENTIRE AGREEMENT
This Contract, consisting of 9 pages and Exhibit A, constitutes the complete and final
expression of the agreement of the parties, and is intended as a complete and exclusive statement of
the terms of their agreements, and supersedes all prior contemporaneous offers, promises,
representations, negotiations, discussions, communications, and agreements which may have been
made in connection with the subject matter hereof. The parties understand and agree that any
previous agreements or contracts between the parties are null and void and this contract is the sole
and exclusive contract or agreement between the parties.
23. COMPLIANCE WITH LAWS
The FIRM shall comply with all federal, state, and 10cal laws, rules, regulations, and
ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
24. DISCRIMINATION PROHIBITED
fu performing the services required hereunder, the FIRM shall not discriminate against any
person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
25. PERSONNEL AND EQUIPMENT
A. The FIRM represents that it has or will secure, at its own expense, all personnel required to
perform all the services required under this Contract. Such personnel shall not be
employees or officers of, or have any contractual relations with the CITY. FIRM shall
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inform the CITY of any conflict of interest or potential conflict of interest. that may arise
during the term of this Contract.
B. All services required hereunder will be performed by the FIRM or under its supervision.
All personnel engaged in work shall be qualified, and shall be authorized and permitted
under state and 10callaws to perform such services.
C. The FIRM represents that it has or will secure, at its own expense, the hardware, software,
and other resources required to perform, in a timely manner, all the services required under
the terms of this contract.
26. ASSIGNABILITY
The FIRM shall not assign any interest in this Contract, and shall not transfer any interest in
this Contract (whether by assignment, novation, or otherwise) without the prior written consent of
the CITY.
27. TERMINATION OF AGREE:MENT
A. Notwithstanding any other provision of this Contract, either party may terminate by giving
thirty (30) days advance written notice to the other party. The City further shall have as a
matter of right, the option to cancel this Contract upon giving the FIRM ten (10) days
advance written notice.
B. This Contract may be terminated in whole or in part in the event of either party substantially
failing to fulfill its obligations under this Contract. No such termination will be affected
unless the other party is given (1) written notice (delivered by certified mail, return receipt
requested) of intent to terminate and setting forth the reasons specifying the
nonperformance, and not less than 30 calendar days to cure the failure, and (2) an
opportunity for consultation with the tertninating party prior to termination.
C. If the agreement is terminated prior to completion of the services to be provided hereunder,
FIRM shall immediately cease all services and shall render a final bill for services to the
CITY within 30 days after the date of termination. The CITY shall pay FIRM for all
services properly rendered and satisfactorily performed and for reimbursable expenses to
termination incurred prior to the date of termination, in accordance with Article 9
"Compensation". Should the CITY subsequently contract with a new consultant for the
continuation of services on the Project, FIRM shall cooperate in providing information.
The FIRM shall turn over all documents prepared or furnished by FIRM pursuant to this
Contract to the CITY on or before the date of termination, but may maintain copies of such
documents for its use.
28. MODIFlCATION
No waiver or modification of this Contract or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
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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 Contract, or the rights or
obligations of the parties hereunder, and unless such waiver or modification is in writing and dilly
executed; and the parties :further agree that the provisions of this section will not be waived unless
as herein set forth.
29. INDEPENDENT CONTRACTOR
FIRM shall provide services to CITY as an independent contractor, not as an employee of
the CITY. FIRM shall not have or claim any right arising from employee status.
30. MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Contract: Exhibit "A" - Task
Order For Collection Services.
B. FIRM agrees that CITY shall, until the expiration of three (3) years after the final payment
under this Contract, have access to and the right to examine any directly pertinent books,
documents, papers, and records of the FIRM involving transactions relating to this Contract.
FIRM agrees that CITY shall have access during normal working hours to all necessary
FIRM facilities and shall be provided adequate and appropriate working space in order to
conduct audits in compliance with this section. CITY shall give FIRM reasonable advance
notice of intended audits.
C. For the purpose of this Contract, the key persons who will perform most of this work
hereunder shall be Thomas Giamboi, Donald McKinley, Chris Powell and Y ousef
Gonzalez, one of whom is either an attorney, accountant, auditor, or now works in another
well recognized professional services field. However, nothing herein shall limit FIRM from
using other qualified and competent members of its firm to perform the services required
herein.
D. FIRM shall commence, carry on, andcomplete any and all projects with all applicable
dispatch, in a sound, economical, efficient manner and in accordance with the provisions
hereof. In accomplishing the projects, FIRM shall take such steps as are appropriate to
ensure that the work involved is properly coordinated with related work being carried on by
the CITY.
E. The CITY shall assist the FIRM by placing at the FIRM's disposal all available information
pertinent to the Project, including previous reports, any other data relative to the Project,
and arranging for the access thereto, and make all provisions for the FIRM to enter in or
upon public and private property as required for the FIRM to perform services under this
Contract.
31. TIME OF THE ESSENCE
Time is of the essence with respect to all matters covered by this Contract.
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32. CAPTIONS
The captions appearing at the first of eaCh numbered section are inserted and included solely
for convenience and shall never be considered or given any effect in construing this Contract
This Contract is executed on behalf of CITY by the presiding officer of its governing body
who is authorized to execute thisins1mment by order heretofore passed and duly recorded in its
minutes and by a partner of FIRM who~ by execution of this Contract, represents and warrants that
he or she has the authority to execute this document on behalf of FIRM.
WITNESS the signature of all parties hereto in triplicate originals this the day of
, 2006, Denton County~ Texas.
CITY OF DENTON~ TEXAS
HOWARD MARTIN
INTERIM CITY MANAGER
ATrEST:
JENNIFER WALTERS~ CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER. crrv ATTORNEY
BY:
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EXHIBIT A
CITY OF DENTON
TASK ORDER FOR COLLECTION SERVICES
I. COLLECTION SERVICES
A. Purpose
The purpose of this document is to solicit Proposals to collect on warrants and
such other Municipal Court unpaid fines, debts, and accounts receivable which are
collectible under Article 103.0031 of the Code of Criminal Procedure that the City
may refer for collections.
The objective of the Proposal process is to obtain the collection services of a
Contractor, who will provide immediate and consistent efforts in collections and a
timely return of the maximum dollars by reimbursement on each case or warrant
collected.
B. Background
Article 103.0031 of the Code of Criminal Procedure authorizes the City to
contract with a private attorney or a public or private vendor for the provision of
collection services. The City Council of Denton has authorized the addition of a
collection fee in the amount of 30 percent of the total amount due to be charged to
the defendant for a collection fee on any amount that is more than 60 days past
due and that has been referred to the Contractor for collection.
The Municipal Court is responsible for the adjudication of Class C Misdemeanor
violations (within the corporate City limits) provided by State Law and City
Ordinances. The Court processed 47,126 cases in Fiscal 2004-2005. Of these
cases 11,516 were issued warrants. The average of bond/fine amounts on cases
was $290.00. The Denton Police Department Warrant Division served 9,463
warrants, 82% of the total issued, during the same period. The number of warrants
that resulted in payment of the fine was 4,357. The number of warrants that were
served resulting in non-cash disposition was 4,586. The vast majority of persons
for which warrants are issued have resident addresses within Denton or the
Dallas/Fort Worth Metroplex. Approximately two percent of the warrant holder's
addresses are out of State.
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C. Nature of Services Required
1. The Court will provide files electronically to the Contractor of those
persons having outstanding City Municipal Court cases. This information
can include, but is not limited to the following:
Person's name, personal identifiers and driver license number, last
known residential address, last known telephone number, citation
number, alleged offense committed, offense date, amount of fine,
amount paid (if any), amount due, and if applicable, date of
warrant and warrant number and amount of fine/bond.
City will provide current file layouts. Electronic transfer of data must
include the Contractor having a PC that enables the City to email an
attachment or to a secure FTP file via the Internet. Contractor must be
able to receive and return files back and forth between City and
Contractor.
It will be the Contractorts responsibility to assure compatibility of CitYs
data files and transmittal medium to the Contractors computer system.
The Contractor shall bear all costs, if necessary, for data conversion to
make the City's computer system compatible with that of the Contractor's
and any incidental costs related to the data transfer.
2. The City will send various outstanding cases to the Contractor for
collection services on a montWy basis and may refer other unpaid
amounts. These cases, warrants, and other unpaid amounts consist of the
following types:
Outstanding Cases - These cases are violations outstanding on class C
misdemeanors for traffic, non-traffic, and parking violations that
occurred in the incorporated city limits, including City Ordinance
violations;
b. Active Capias Pro Fine Warrants - These are warrants in which a
judgment has been entered assessing a sum owed by the defendant
in order to discharge the defendant from liability and the defendant
is subject to immediate arrest;
c. Active Alias Warrants - These are warrants in which no judgment
has been entered assessing any sums due from the defendant in the
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case, but the defendant is subj ect to immediate arrest to answer for
the pending criminal charge;
d. Capias Pro Fine Cases - These are cases in which a judgment has
been entered assessing a sum owed by the defendant in the case to
be paid in order; to discharge the defendant from liability, but the
defendant is not subj ect to immediate arrest.
e. At the City's sole option any other unpaid filles, debts, and
accounts receivable which are collectable under Section 103.0031
of the Code of Criminal Procedure.
3. The City will supply the Contractor with two separate listings. They shall
be known as the HISTORY FILE, the, and the NEW WARRANT FILE.
a. The History File shall be provided one time only. This file will
contain the entire backlog of active warrants previously worked by
the City's Warrant Division. The approximate number of
outstanding cases is 5000.
b. The New Warrant File shall be sent on a monthly basis and shall
contain warrants that were processed for a period of time by the
Denton Police Department. The approximate number of new
warrants sent to the Denton Police Department Warrant Division
each month is 700.
4. Contractor agrees to perform the following:
a. Contractor will develop a series of contacts with the defendant that
do not violate the defendant's statutory and constitutional rights.
b. Contractor will attempt to contact the defendant named in any case
or warrant submitted for collection service at least six (6) times in
a 180-day period through a rotating telephone and letter cycle.
Voice/telephone contact attempts shall be limited to between the
hours of 8:00 AM. and 9:00 P.M., Monday through Saturday. No
Sunday contacts will be attempted.
c. Contractor will submit transcripts of telephone contacts and written
communications for approval by the City for collection services.
The Contractor shall pay all associated costs with the telephone
contact and written communications.
d. Contractor will instruct all defendants to forward no monies
directly to the City Municipal Court. Should the Court receive a
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payment from a defendant, the Court shall forward payment
directly to the Contractor in the form of the original negotiable
instrument received.
e. Contractor will send an acknowledgment (approved by the City) of
receipt of payment on the City's behalf to all named defendants in
cases and warrants which are collected by payment of sums owed.
f. The Contractor shall make no contacts in person to the defendant.
g. The City may recall at any time from Contractor a case or cases
previously referred to Contractor for collection efforts, when in the
opinion of the City, the best interest of the City will be served by
recalling the case and/or warrant. Contractor will return
information on cases submitted for collection services including
information developed by the Contractor regarding the defendant
or his whereabouts.
h. Contractor shall use due diligence, reasonable and ethical methods,
and employ lawful means to effect collection on the City's
outstanding cases.
1. Contractor will guarantee that every defendant will be dealt with in
a professional, courteous manner.
J. Contractor will guarantee that a full-time customer service
representative will be assigned to the City and available to address
day-to-day issues.
k. Contractor will guarantee that a management-level staff member
will be available to meet with City staff on 24-hour notice.
1. Contractor will send to the City only the monies that are due the
City. City will not collect nor distribute the collection fee.
m. Contractor shall have on its staff attorneys, accountants, auditors,
or other recognized professionals who shall substantially be
involved in the collection efforts.
5. Additional written and/or telephone contacts may be made at the choice of
the Contractor within the hours stipulated above.
6. To the extent allowed by law, all information supplied by the City to the
Contractor shall be kept confidential and not disclosed to parties other than
the Contractor's employees on a need-to-know basis for the purpose of
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contract performance and to the defendant or the person answering the
phone of defendant's residence.
7. Both the City and the Contractor will jointly review the appropriate cases
for which payment is due to the City on a monthly basis.
a. Contractor will not receive compensation for cases and warrants
disposed of in which the City does not receive any payments,
defendant's credit for sums owed by jail time credit, community
service, dismissal of any case or if defendant is found not guilty, or
for which no money is actually received by the Court or situations
in which cases or warrants are disposed of by way of arrest.
b. Total collection fees received by the Contractor will not exceed the
percentage as specified in the controlling State Statute.
c. The City shall not be liable under the contract for any services
which are unsatisfactory or which the City has not approved.
d. Contractor will. not be entitled to reimbursement for expenses
incurred under the Contract.
Contract: The Contractor will enter into a collection services contract
with the City for a contract term of _ substantially in the form
attached which will provide, without limitation, an indemnity clause
substantially to the effect that the Contractor shall covenant and agree to
indemnifY, hold harmless and defend, at its own expense, City, its officers,
servants and employees~ from and against any and all claims or suits for
property 1055 or damage and/or personal injury, including death, to any and
all persons, of whatsoever kind or character, whether real or asserted,
arising out of the work and services to be performed hereunder by
Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged
negligence of the officers, servants, employees, of the City. The
Contractor shall also have and keep in full force and effect a professional
liability insurance policy with limits of not less than $1,000,000 annual
aggregate 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 the Best Rated Companies at least A- or above.
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AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2006
DEPARTMENT:
Tax
ACM:
Jon Fortune
II
SUBJECT
Consider approval of tax refunds for the following property taxes:
Name
Reason
Tax
Amount
Year
2.
Dan McBride
Overpayment
2004 $ 834.75
BACKGROUND
Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of
the taxing unit for refunds in excess of $500.00.
FISCAL INFORMATION
The tax overpayment revenue fund would be reduced by $9,197.96.
Respectfully submitted:
". "r;;.'
-' ;; ,--- ,
. :;0;.
" ,
Diana G. Ortiz
Chief Financial Officer
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2006
DEPARTMENT:
Legal Department
CM/DCM/ACM:
Ed Snyder, City Attorney
SUBJECT: Consider an ordinance of the City Council of the City of Denton, Texas authorizing
the City Manager to execute a Contract for Professional Legal Services with Terry Morgan &
Associates, P.e. for professional legal services relating to issues and anticipated litigation
surrounding the annexation in the northern part of the City of Denton; authorizing the
expenditure of funds therefor; and providing an effective date.
BACKGROUND: The law firm of Terry Morgan & Associates has consistently provided
outstanding legal services at a very affordable cost. The firm has a long record for handling
cases for the City, and has successfully represented the City of Denton in very similar matters.
Their fees are consistently at or below the fees charged by Denton law firms.
OPTIONS:
1. Pass the ordinance to authorize execution of the agreement.
2. Decline to pass the ordinance to authorize execution of the agreement.
FISCAL INFORMATION: The agreement caps legal fees in this matter at $50,000, and the
agreement would need to be modified to exceed that figure.
Respectfully submitted,
:' ;:d' ;,
Ed Snyder
City Attorney
S:\Our Documents\Miscellaneous\06\agenda information sheet-terry morgan. DOC
S : lOur Documents IOrdinances 1061 Terry Morgan Ordinance. doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR
PROFESSIONAL LEGAL SERVICES WITH TERRY MORGAN & ASSOCIATES, P.c., FOR
PROFESSIONAL LEGAL SERVICES RELATING TO ISSUES AND ANTICIPATED AND
PENDING LITIGATION SURROUNDING THE ANNEXATION IN THE NORTHERN PART
OF THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS NOT
EXCEEDING FIFTY THOUSAND DOLLARS ($50,000) THEREFOR; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on December 6, 2005 City Council approved a professional services
contract with Terry Morgan & Associates but the contract was ultimately never executed. This
agreement replaces the previously approved agreement; and
WHEREAS, the City Council deems it necessary, appropriate, and in the public interest
to engage the law firm of Terry Morgan & Associates, P.c., to provide professional legal
services relating to issues and anticipated litigation surrounding the annexation in the northern
part of the City of Denton; and
WHEREAS, the City has previously retained and engaged the professional legal services
of Terry Morgan & Associates on numerous occasions, and it has operated under numerous other
professional services agreements with the City regarding legal representation, and has
demonstrated considerable expertise of relevant issues concerning the City; and
WHEREAS, City staffhas reported to the City Council that there is a substantial need for
the hereinabove described professional services, and that limited City staff cannot adequately
perform the specialized legal services with its own personnel; and
WHEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used for the procurement of the foregoing professional legal services, as set forth in
the Contract for Professional Legal Services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: The recitations in the preamble are true and correct, and are incorporated
herewith as part of this ordinance.
SECTION 2: The City Manager is hereby authorized to execute a Contract for
Professional Legal Services with Terry Morgan & Associates, P.c., for professional legal
services relating to issues and anticipated and pending litigation surrounding the annexation in
the northern part of the City of Denton, in substantially the form of the Contract for Professional
Legal Services attached hereto and incorporated herein by reference.
1
S : lOur Documents IOrdinances 1061 Terry Morgan Ordinance. doc
SECTION 3: The award of this Agreement is on the basis of the demonstrated
competence and qualifications of Terry Morgan & Associates, P.e. and the ability of Terry
Morgan & Associates, P.e. to perform the professional legal services needed by the City for a
fair and reasonable price.
SECTION 4: The expenditure of funds, not to exceed fifty thousand dollars ($50,000),
is hereby authorized, as provided in the attached Contract for Professional Legal Services.
SECTION 5: This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
AGENDA DATE: January 17,2006
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a two year contract
for the purchase of decorative Streetlight fixtures for Denton Municipal Electric; providing for
the expenditure of funds therefor; and providing an effective date (Bid 3433- Two Year Contract
for Decorative Streetlight Fixtures awarded to the lowest responsible bidder for each item, Hadco
Lighting in the annual estimated amount of $89,250). (The Public Utility Board approved this
item by a vote of 5-0).
BID INFORMATION
This bid is for a two-year agreement to supply decorative streetlight fixtures that Denton
Municipal Electric (DME) uses to provide nighttime illumination for streets in residential and
non-thoroughfare applications. The streetlight fixtures covered by this bid are traditional
Victorian style post top refractive decorative streetlight fixtures. The high-pressure sodium
streetlight fixtures incorporate prismatic lenses, side and top reflective shields that direct light in
a type III dispersion pattern.
PRIOR ACTIONIREVIEW (COUNCIL, BOARDS, COMMISSIONS)
The Public Utility Board approved this item at its January 9, 2006 meeting.
RECOMMENDA TION
Award to Hadco Lighting in the annual estimated amount of $89,250. The Hadco Lighting bid
was the lowest responsible bidder meeting specification. The Hughes Supply bid was
disqualified because they did not comply with the requirements of the specification and did not
bid the approved product.
PRINCIPAL PLACE OF BUSINESS
Hadco Lighting
Littlestown, P A
Agenda Information Sheet
January 17, 2006
Page 2
ESTIMA TED SCHEDULE OF PROJECT
This is a two-year price agreement with an option to renew for additional one-year periods with
all terms and conditions remaining the same.
FISCAL INFORMATION
The streetlight fixtures will be purchased for specific capital projects on an as needed basis.
Respectfully submitted:
~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
l-AIS-3433
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A TWO YEAR
CONTRACT FOR THE PURCHASE OF DECORATIVE STREETLIGHT FIXTURES FOR
DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 3433- TWO YEAR CONTRACT
FOR DECORATIVE STREETLIGHT FIXTURES AWARDED TO THE LOWEST
RESPONSIBLE BIDDER FOR EACH ITEM, HADCO LIGHTING IN THE ANNUAL
ESTIMATED AMOUNT OF $89,250).
WHEREAS, the City 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 and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
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 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER
ITEM
NO
VENDOR
AMOUNT
3433
1
Hadco Lighting
Exhibit A
SECTION 2. 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 pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) 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 in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
3-0RD-BID 3433
~
Exhibit A
BID # 3433
DATE: December 6, 2005
TWO-YEAR CONTRACT FOR DECORATIVE STREETLIGHT FIXTURES
Hadco Lighting
Principle Place of Business:
Littlestown, PA
1
285-76-810
Hadco Catalog #R33-A-AN-N-2-A-G-R-G-100S-E
(Type III)
Victorian style post top refractive Wide-Body
streetlight fixture
Vendor wishes to participate in the Cooperative Purchasing Program
with other Governmental Agencies? YES or NO
Bidder is an authorized distributor, by the manufacturer, and is
authorized to sell to the City of Denton? YES or NO
YES
150
EA
$595.00
YES
Delivery can be made within __ days of receipt of order.
30-45
*Pricing shall be bid delivered FOB Denton.
*In case of calculation error, unit pricing shall prevail.
DRAFT
PUBLIC UTILITIES BOARD MINUTES
JANUARY 9,2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Presiding Chair of the Public Utilities Board convened into an Open Meeting on
Monday, January 9, 2006 at 9:40 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
PRESENT: John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell
Bob Bland (arrived a 9:48 a.m.)
ABSENT: Dick Smith
EX OFFICIO MEMBER:
Howard Martin
Chair, Charldean Newell, called the meeting to order at 9:00 a.m. to consider the following
items under the Consent Agenda.
The Public Utilities Board has received background information, staff s recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration. Detailed
information is attached to each Consent Agenda item.
CONSENT AGENDA:
Listed below are bids, purchase orders or other matters to be brought before the Public Utilities
Board to be considered and approved for payment or other action under Consent Agenda Items 1
through 6 inclusive. Detailed information is attached to each Consent Agenda item. This listing
is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or
withdraw an item prior to approval of the Consent Agenda. If the item is pulled from
consideration for separate discussion, prior to its consideration, such item will be considered as
the first item(s) taken up under the "Items For Individual Consideration" section of the agenda,
set forth below. The remaining Consent Agenda Items will be approved with one motion, a
second, and by a majority vote of the Public Utilities Board Members who are present.
1) Consider recommending approval of an Agreement between the City of Denton and Rayzor
Investments, Ltd. for the abandonment of a certain public utility easement recorded in
Volume 504, Page 456 of the Real Property Records of Denton County, Texas and being in
the Asa Hickman Survey, Abstract No. 521.
2) Consider recommending approval of an Underground Pipeline Easement Agreement granting
such easement to NGG Gathering Company, LLC, which easement is located in an
approximate 85-acre tract of land owned by the City of Denton and located in the G. Walker
Survey, Abstract No. 1330 consisting of an approximate 2.14 acre parcel ofland, and a 0.93
acre parcel out of the Municipal Utility Addition owned by the City of Denton situated in the
Mary Austin Survey, Abstract Number 4, filed of record in Cabinet "G", Page "346" Plat
Records, Denton County.
Public Utilities Board Agenda
January 9, 2006
Page 2
3) Consider recommending approval of a Surface Site Easement Agreement granting such
easement to NGG Gathering Company, LLC, which easement is located in an approximate
245 acre tract ofland owned by the City of Denton and located in the G. Walker Survey,
Abstract No. 1330, consisting of 4.378 acres parcel ofland and a 0.344 acre parcel ofland.
4) Consider recommending approval of the unit prices in Bid # 3433 and awarding a two-year
agreement for the purchase of decorative streetlight fixtures to Hadco Lighting, 100
Craftway, P.O. Box 128, Littlestown, Pennsylvania, in the estimated annual expenditure
amount of $89,250.
Consent Agenda Items 5 and 6 were pulled from the Consent Agenda. Board Member Phil
Gallivan moved to approve Consent Agenda Items #1 through #4 with a second from
Board Member John Baines. The motion was approved by a vote of 5-0.
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Sharon Mays 349-8487
AGENDA DATE: January 17,2006
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an Ordinance awarding a contract for the purchase of CrewManager
Software for Denton Municipal Electric as awarded by the State of Texas Building and
Procurement Commission through the Catalog Information Service Vendor (CISV) Catalog
Program; providing for the expenditure of funds therefor; and providing an effective date (File
3436-Purchase of Crew Manager Software awarded to Unique Business Systems in the amount
of $95,000). (The Public Utility Board approved this item by a vote of 6-0).
FILE INFORMATION
CrewManager is a work planning and scheduling automation system used by utilities to plan,
manage, and schedule utility workforce and jobs. A complete explanation of the project is
included in the January 9, 2006 Public Utility Board agenda information sheet (Attachment 3).
PRIOR ACTIONIREVIEW (COUNCIL. BOARDS. COMMISSIONS)
The Public Utility Board approved this item at its January 9, 2006 meeting.
RECOMMENDA TION
Award to Unique Business Systems in the amount of $95,000.
PRINCIPAL PLACE OF BUSINESS
Unique Business Systems
Santa Monica, CA
ESTIMA TED SCHEDULE OF PROJECT
Delivery and installation is estimated to be within 90 days of receipt of the order.
FISCAL INFORMATION
This item will be funded from account 601029491.8545.3910A.
Agenda Information Sheet
January 17, 2006
Page 2
Respectfully submitted:
~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: CISV Catalog Pricing
Attachment 2: Proposal from Unique Business Systems
Attachment 3: Public Utility Board Agenda Sheet
l-AIS-File 3436
Attachment 1
Unique Business Systems - Privacy Policy
Page 1 of3
UN I QUE 8\.1SlrH")) ~~\,...'.;tfn h
http://www.unibiz.com/cisv.html
IIIi ~ ~~ ~ !~E !~
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................. ...................... ............... ..................~I .................,
Unique Business Systems (UBS)
VendorID:
Vendor Number:
1953863862800
45021
Vendor Contact
Information:
Vivek Bhaman (vbhaman@unibiz.com)
Unique Business Systems
2901 Ocean Park Boulevard, Suite 215
Santa Monica, CA 90405
Phone: 310 -396-3929 x 350
Fax: 310-396-6114
www.unibiz.com
Website:
Maintenance and Technical Support Policy
Unique Business Systems (UBS) takes pride in offering exceptional custOrT
maintenance plan provides enhancements and upgrades released with the
warranties its products to perform without any program errors and to provide
on priority at no charge.
Technical support is provided over the phone, via email and live web confere
provided if deemed necessary.
Technical Support
Contact:
Phone:
Email
Haresh Makwana (Manager, Customer Services)
1-888-285-0444 x 255
crewmanager support@unibiz.com
7:00am PST to 5:00pm PST (M-F)
(24/7 Support available on special agreement)
Support Hours:
Statement of Guarantee
Unique Business Systems warranties its products to perform without any progri
to exceptions and errors on priority at no charge. Written notice of discontinuati
months prior to discontinuation. All products and versions procured by
supported for a minimum period of three years after formal discontinua
Catalog of Products and Services
11/18/2005
Unique Business Systems - Privacy Policy
Page 2 of3
. .
CrewManager for Utilities: Software for Planning, Scheduling and Managing (
Workforce (Crews) and Jobs
. Prioritize and Plan Jobs with Manpower availability
. Enter and see jobs, Plan work and schedule crews
. Work easily on a drag -n-drop interface which is simple for even computer nov
. Forecast manpower requirements based on projected workload
. Measure performance vis-a-vis plan
. Analyze metrics and print reports
. Utilize and benchmark data
. Improve workforce utilization through streamlined scheduling, coordination ar
Class Item Code Item List Pric
209 13,52,69 CrewManager Server License $85,000
(includes 20 client licenses) per serv,
209 13,52,69 CrewManager Client License (additional) $3000
requires CrewManager Server license per user
209 38 Oracle Standard Edition $150
(per named user, 2 processor limit) per nam
209 38 Oracle Standard Edition - Enterprise $15,000
(unlimited users per processor) per proc
Services from Unique Business Systems
Unique Business systems is a full-service application software company. It pro"
range of software services, including:
. Consulting
. Business Process Analysis and Mapping
. Custom Development, Engineering and Customization
. Software Design
. Data Transfer and Migration
. System Installation: Software Configuration and Set-up
. Project Management
. Training
Class Item Code Item
920 14,64,65 Consulting, Analysis; Design; Programming
(per hour)
920 24,31,40,46,91 Implementation, Training, Data Conversion
(per hour)
920 45,47 Annual Maintenance & Support: CrewManager
(percent of license & customization; per year)
920 45,47 Annual Maintenance & Support: Oracle
(percent of license & customization; per year)
http://www.unibiz.com/cisv.html
11/18/2005
Unique Business Systems - Privacy Policy
Page 3 of3
@ Copyright 2005 Unique Business Systems
http://www.unibiz.com/cisv.html
11/18/2005
Attachment 2
Proposal
To
Denton Municipal Electric
For
CrewManager
Utility Work Planning & Crew Scheduling System
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November 17, 2005
Presented By:
Unique Business Systems
2901 Ocean Park Blvd
Suite 215
Santa Monica, CA 90405
Contact:
Andy Sinha
National Business Manager, Utilities
310-396-3929 x 193
800-669-4827 x 193
Fax: 310-396-6114
asi n ha@unibiz.com
CrewManager System
for
Denton Municipal Electric
TABLE OF CONTENTS
1. BACKGROUND INFORMATION .......................................................... ................................................. 3
2. INVESTMENT STRUCTURE: LICENSES, SERVICES, MAINTENANCE.......................................... 4
3. DELIVERABLES .......................................................... ........................................................... ................. 6
4. PAYMENT TERMS .................................................................................................................................. 7
5. ABOUT THE COMPANY AND PRODUCT ...........................................................................................8
ANNEXURE - 1.......................................................... ........................................................... ....................... 9
RETURN ON INVESTMENT.......................................................... ............................................................. 9
ANNEXURE - 2.......................................................... ........................................................... ..................... 15
PROFESSIONAL SERVICES.......................................................... ........................................................... 15
ANNEXURE - 3.......................................................... ........................................................... ..................... 16
CREWMANAGER FUNCTIONALITy.......................................................... ........................................... 16
Unique Business Systems
VID# 1953863862800
Catalog Information System Vendor (CISV) with the Texas Building and
Procurement Commission (TBPC).
CISV web catalog link for Unique Business Systems:
http://www.unibiz.com/cisv.html
2
1. Background Information
About CrewManager
CrewManager is a Work Planning & Scheduling Automation System used by utilities to plan work
and to manage and schedule utility workforce and jobs. With CrewManager the Utility can:
· Enter and see jobs, plan work, and schedule crews
· Work easily on a drag-and drop interface which is simple even for computer novices to use
· Forecast manpower requirements based on projected work load
· Measure performance vis-a-vis plan
· Analyze metrics and print reports
· utilize and benchmark data
· Improve workforce utilization through streamlined scheduling, coordination and
communication
CrewManager is in use at Southern California Edison and Silicon Valley Power, Turlock Irrigation
District and is being implemented at Marietta Power. These organizations have seen a dramatic
improvement in the utilization of workforce and the management of jobs.
A Return on Investment document is attached as Annexure 1.
Current Process at Denton Municipal Electric (DME)
· The coordination and assignment of actual work is done by paper and by meetings. Meetings
are the primary connection and review point between departments and managers.
· All schedules and priorities are set and maintained independently, using Excel spreadsheets
or manual systems such as whiteboard and calendars.
· There is a need for a centralized system for:
~ Total operations work planning
~ Cross-departmental visibility and coordination
~ Simplified and coordinated scheduling
~ Reconciliation of plan vs. actual
~ Management review and visibility
~ Long term resource planning
~ Reports on job status and data metrics
These are some of the key issues that are addressed by the proposed solution of CrewManager.
Denton Municipal Electric (DME), TX, requires such a software system to automate and
coordinate work planning and the scheduling of field crews in the Electric Utility function.
Intent to Purchase and Implement the CrewManager Software
Based on a series of discussions and demonstrations of the CrewManager system from Unique
Business Systems (UBS), DME has expressed the intent to implement CrewManager at DME.
This proposal has been requested for and is being submitted in pursuance of the above intent.
3
2. Investment Structure: Licenses, Services, Maintenance
Licenses and Services
Special discounted pricing for CrewManager is being extended to Denton Municipal Electric as a
result of long-standing communications between DME and Unique Business Systems.
Item
Texas State
(TBPC) Price
Price for
Denton
1. Standard CrewManager Licenses
$75,000
$ 50,000
Includes:
· Standard CrewManager System as demonstrated to DME
· CrewManager Server License for one location
· 20 User (Client) licenses
Additiana/10 User licenses far Dentan (@ $2,750 each)
$27,500
$0
Does not include:
· Hardware, Operating System Software (Windows Server, etc.)
· Database (Oracle) Licenses
· Any customization or modification
2. Implementation Stage 1
$ 10,000
· On-site study of existing processes at DME for configuration
· Development of documentation of workflow and processes
· Preparation of Job Templates in consultation with DME
· Training of Management /Lead Personnel
· Installation of Pilot system (if required, at no extra charge)
3. Implementation Stage 2
$ 10,000
· Installation of software on DME hardware/network
· Set up of templates on the system
· Data Conversion
· Training of end-users
Total
$ 70,000
Oracle Database Licenses (Standard Edition One)*
Each User License $ 140
For example, 20 user licenses
$2,800
CrewManager uses the Oracle database.
Unique Business Systems is an authorized Oracle partner.
*Denton may use its own Oracle licenses if it owns such, or may purchase the licenses from
UBS.
4
Please note:
The CrewManager software is an advanced system for utilities, built around typical utility work
processes as per UBS' experience with utilities like Silicon Valley Power. However, DME may
wish to modify the software to fit or satisfy the work processes desired at DME.
The investment overview above does not include custom configuration, modifications and
development, if any. Custom configurations imply the modification of the CrewManager software
logic to meet DME's needs.
Simple changes to existing nomenclature do not constitute custom configuration, and there shall
be no charge for such nomenclature changes. Should DME request custom configurations,
standard professional services rates shall apply as per the Professional Services Rate Sheet in
Annexure 2.
Annual Maintenance and Technical Support
Item
Price
Price for
Denton
1. Annual Maintenance & Support for CrewManager
17% of List License Price for CrewManager.
List License Price for Texas (Texas Building & Procurement
Commission) is $75,000 for the standard set of 20 licenses.
$12,750
$12,750
List License Price for additional 10 licenses is $27,500.
$4,675
$0
Includes:
Toll-free Technical Support (Phone & Online).
Monday through Friday 8:00 am - 6:00 pm Pacific.
Periodic product Upgrades at no charge.
- 60 days free from date of installation
2. Annual Maintenance & Support for Oracle
Note: Annual Maintenance & Support for Oracle applies
only if DME purchases Oracle licenses from Unique
Business Systems.
19% of List License Price for Oracle.
List License Price for Texas (TBPC) is $140 per Oracle
user license.
So, for example, if DME purchases 20 Oracle user
licenses, the list price would be $2,800.
$532
$532
Includes:
Toll-free Technical Support (Phone & Online).
Monday through Friday 8:00 am - 6:00 pm Pacific.
All future Upgrades of Oracle.
-Commences on date of installation.
5
3. Deliverables
Unique Business Systems will deliver the following to Denton Municipal Electric:
CrewManager Software
· UBS will provide the CrewManager software and install it on DME's hardware/network for
access by all user licenses.
CrewManager User's Manual
· UBS will provide electronic and paper copies of the CrewManager User's Manual for Denton
Municipal Electric.
6
4. Payment Terms
Payment Terms
40% or $28,000 (plus Oracle charges if applicable) upon signing of contract.
20% or $14,000 (plus Oracle charges if applicable) upon completion of Implementation Stage 1.
Balance 40% or $28,000 ((plus Oracle charges if applicable) on completion of Implementation
Stage 2 or 45 days from installation of software, whichever is earlier.
Reimbursement ot out-ot-pocket expenses
· The above payment does not include out-of-pocket expenses.
· UBS will bill DME for out-of-pocket expenses for travel, accommodation, and meals.
· UBS will bill as per DME's policy.
7
5. About the Company and Product
About Unique Business Systems
Unique Business Systems was founded in 1982, providing forward looking software and
consulting services to progressive businesses. Since then UBS has led development of high
performance asset management and process control systems.
UBS today is a leading developer of customized systems for the specialized needs in tracking,
scheduling and management of crew and equipment.
UBS takes pride in its employees and in its work ethic. It is a strong organization with over 70
employees across 5 offices. The company is well known in its various markets for strong research
& development and systems support.
UBS' customers include:
Southern California Edison
Silicon Valley Power
Turlock Irrigation District
Marietta Power
Salt Lake Olympics 2002
Walt Disney World
Disney Buena Vista
Nikon USA
Bexel Corporation
Scharff Weisberg Inc
Krogers
Safeway
UBS has long standing relationships with key hardware, software and technology companies
including IBM, Hewlett-Packard, Oracle, Microsoft and Symbol Technologies.
CrewManager at a Glance
CrewManager is a comprehensive solution for utility work planning and for the scheduling and
management of crews and jobs.
The solution is designed so that it may be customized to the specific requirements and business
processes of each organization.
It provides a high level of operational streamlining and cross-functional coordination.
The implementation of CrewManager has proven to improve operational efficiency, management
visibility, and manpower planning and usage at Southern California Edison, Silicon Valley Power,
Turlock Irrigation District, and Marietta Power.
CrewManager customers include: Southern California Edison, Silicon Valley Power (City of Santa
Clara), Turlock Irrigation District, Marietta Power, and Walt Disney World.
8
Annexure - 1
Return on Investment
Improvements in Efficiency
CrewManager impacts several areas of utility operations. Significant improvement in efficiency
and productivity has been estimated. The main areas that contribute to the net ROI delivered by
CrewManager are:
1. Improved Scheduling Efficiency
2. Communication and Coordination Efficiencies
3. Prioritization
4. Improved Customer Service
5. Reports
6. Management Oversight
7. Continuous Improvement from Benchmarking and Performance Measuring
8. Automated Rescheduling to meet unplanned work or changing priorities.
A few of the above are explained in greater detail with customer reported ROI estimates.
1. Improved Schedulinq Efficiencv
Tighter Scheduling
When using manual systems, the lack of visibility coupled with the lack of automation in
scheduling forces planners to leave room to accommodate unplanned activities and emergencies.
With CrewManager, the scheduling efficiency goes up by 10-15%. This implies that simply
through better visibility of availability and workload, utilities are able to improve productivity by 10-
15%.
Better Resource Utilization
CrewManager facilitates better utilization (leveling) of resources through easy movement of
crewmembers and crew between jobs. Allowing re-deployment of resources where needed from
where available.
9
2. Communications and Coordination
Time and Effort spent on communication and coordination activities is significant but "invisible".
Silicon Valley Power estimates that they will save over 400 man-days every year.
· Southern California Edison's Carrier Solutions division estimates they have been
saving over 300 man-days as a result.
This is possible since meetings to share status information will be virtually redundant, as
CrewManager will provide the required visibility and information.
3. Abilitv to Prioritize
This provides a significant ROI. The improved visibility of status, workload, resources, and
upcoming work provides the management and supervisors the ability to prioritize based on
revenue, importance and urgency.
4. Customer Service
With CrewManager, utilities have seen a marked improvement in Customer Service due to:
· The ability to provide accurate schedules to customers
· Coordinating field activities (site inspection etc.) better with customers
· Coordinating asp and In-plant activities that otherwise lead to delays.
5. Reportinq
CrewManager provides custom built reports.
This has saved over 75 man-days at Southern California Edison.
6. Manaqement Oversiqht
A lot of utilities do not have the ability to forecast manpower requirements in
advance. Silicon Valley Power now plans on an annual basis.
· Southern California Edison is able to accurately forecast manpower needs and make
the outside contracting process more efficient and cost-effective
7. Cost Optimization
A major impact of CrewManager at Southern California Edison has been to optimize the use of
over-time, due to the information now available to planners. By scheduling correctly, a 10 man-
day project still gets completed in time without resorting to overtime. This results in major cost
saving.
10
ROI Summary
L :I
r', A Basis 135
Basis u ~..~&&
"I CVV ..,LOII
Improved Crew Utilization 40 man-months 100 man months
3 man-months
Management Reporting (Basis 2 dept. New Capability
managers)
12 man-months 20 man-months
Coordination related improvement (7 people staff (25 people staff
meetings) meetings)
Performance/Estimation New Capability New Capability
Benchmarking
~utomated Rescheduling to meet New Capability New Capability
unplanned/changing priority
~nnual Productivity Gain 55 man-months 120 man-months
11
Cost Benefit stated by Silicon Valley Power to the City of Santa Clara
Cost Benefit provided to the City of Santa Clara for CrewManager
by
Mr. Robert Streich
Assistant Director of Utility
Silicon Valley Power
1. Meeting the customer service dates
1.1. revenue starts early
1.2. improved customer satisfaction
2. Planned Maintenance work gets sidelined to deal with reactive work
2.1. If the Asset Management tasks are neglected it leads to equipment failures,
repair/replacement cost, and lost revenue
2.2. customer satisfaction impacted
3. 80% schedule factor can now go up to 95% (expected improvement in utilization over 3000
man-days).
4. Better use of time during the weekly meetings on conflict resolution.
5. Reporting give SVP management a better yardstick to manage teams, benchmark work-
productivity and efficiency.
12
Research Study
Business Process Study Conducted for a Small Power Utility
(Approx. Sales: 1,600,000 Mega-watt Hours)
(The utility and Unique Business Systems conducted this study jointly)
1. Power Delivery Manager, responsible for all work-scheduling spends up to 2 hours per day
attending to schedules, examining work orders coming from engineering and reassigning
priorities.
1.1. CrewManager could cut this time to 30 minutes/day.
1.2. This can translate to a range of savings from 1.5 - 2.5 man-months/year
(management time)
2. In response to customer calls if engineering needs to check on the status on a job they must
call the schedulers to discuss the status and then get back to the customer.
2.1. Conservatively CrewManager could save between 2% to 3% in the engineering
department time. 1.6 to 2.5 man-month of engineering staff's time over a period of a
year.
3. If outage related work pushes back the scheduled work, there is confusion.
3.1. With CrewManager, the revised schedule details will be instantly available to all who
need to know.
4. Currently there is no process or tools available to Engineering to verify if the estimates made
for various jobs accurately reflect the real time taken to complete any job.
4.1. CrewManager will provide reports accurately reflecting the actual time each job takes.
4.2. Considering 53 people working on various jobs, even if the resulting tracking could lead
to a 5% productivity improvement, this translates into 50 man-months of crew
productivity improvement.
Other Areas of Improvement as forecast by the Utility
Given enough history on various completed jobs, relative efficiency/productivity on
different crews working on comparable jobs will be available. Such trends, when
tracked could be used to assign jobs to crews that have been most efficient on
comparable jobs. Assume that 1 % to 2% efficiency improvement is realized; this
would translate to 6-12 man-months in improved productivity. Even at the
conservative estimate of 1 % savings this translates to 6 man-months in improved
productivity
Management reports - when management needs status on any job(s) they must
manually call in to get an update, or wait for someone to prepare a report and send
an email. The work saved by CrewManager's automatic report generation can easily
reach 1 to 2 man-months over a period of a year.
The bird's eye view on future jobs laid out in an easy to visualize GUI will allow the
manager to reassign priorities after any outage related schedule disruption,
minimizing the number of jobs that are disrupted. This minimizes the number of jobs
13
that are delayed past required completion dates. This leads to improved customer
satisfaction. This is a non-quantifiable benefit but has great value.
The Work Planning feature provides visibility of projected workload. This will allow
better management decisions leading to reduced overtime.
Bottom line: At the low end of the entire range of benefits, conservatively the CrewManager
implementation will translate to a savings of the order of 3 man-years of crew time and 4 - 5 man-
months of engineering/professional/managerial time.
Crew Size: 53
Activitv Estimated Annual Gain
Improved Crew Utilization 5% 30 man-months
Status Trackinq bv Enqineerinq 2-3% Engg. Time 1.6 man-months
Coordination related improvement 1.5 hrs/day 2 man-months
Estimation & Performance 1%-2% 6 man-months
Manaqement Reoortinq 1 man-month
Annual Productivity Gain 40.6 man-months
Important Needs of the Utility addressed by CrewManager
1. Need a solution to manage disrupted schedules. Outage related emergencies disrupt
planned work.
2. Need an easy to use, enterprise wide scheduling system so that the changes and
priorities can be managed effortlessly.
3. Need an end-to-end scheduling platform starting with estimator, locator
designer/engineer, civil works crew, electrical works crew, and mappers.
4. Need ability to compare actual time vs. estimated time, to fine-tune the estimating.
5. Need ability to benchmark crew performances.
6. Need better reporting for Management.
14
Annexure - 2
Professional Services
Rate Sheet
The standard rates that apply for Professional Services are:
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Item
15
Annexure - 3
CrewManager Functionality
The standard CrewManager System as used by Silicon Valley Power and as
demonstrated to DME on October 27,2004 and discussed in conversations
and meetings after that.
The annexure is an instructional document on CrewManager as used by Silicon Valley Power.
16
Attachment 3
PUB AGENDA ITEM #
PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET
AGENDA DATE: January 9, 2006
DEPARTMENT: Electric Utility
ACM: Howard Martin, Utilities 349-8232
SUBJECT
Consider approval of the purchase of CrewManager Software for the Denton Municipal Electric
(DME).
BACKGROUND
Traditionally, there has been no single, formal, documented scheduling tool for DME capital and
maintenance projects. The DME engineering, construction, and operation divisions maintain
independent project scheduling, tracking and reporting, currently contained in several separate
data base applications, combined with a pen and paper system. Crew leaders develop schedules
on the fly and duplicate entries of the same information are made in different databases. The
schedule completion, reporting, and progress updating between divisions is largely accomplished
via face-to-face meetings.
This process may have been effective years ago, when Denton was a much smaller city with a
lower growth rate. In today's environment, efficient use of manpower and equipment cannot be
maintained under such a system. A single system that meets the individual scheduling and
planning needs of all three areas and allows the efficient sharing of information between
divisions is required. Initially, DME attempted to develop its own tool using generic off-the-
shelf proj ect scheduling software. The complexity of the interaction between groups and the
specific requirements in an electric utility environment proved to make this effort much too
complex for DME to accomplish effectively on its own.
DME then began to look at scheduling tools that had been developed specifically for electric
utility project planning/scheduling. It found software packages that offered every possible tool
DME might ever need in this area. Those extremely sophisticated packages were much too
expensive for DME. However CrewManager by Unique Business Systems offers the basic tools
DME requires at a price DME can justify. The reduction in face-to-face meetings alone is
expected to cover the cost of purchasing the software package in the first full year of its use. The
added productivity derived through better utilization of departmental resources should produce at
least an additional 10 percent efficiency improvement. A 5% improvement in efficiency in the
Distribution Division alone will save $80,000.00 per year. Reducing the scheduled weekly
meetings involving key Engineering and Distribution personnel to monthly meetings will add
$20,000 annually of supervisory and engineering labor to actual project work.
OPTIONS
1. Purchase CrewManager Software from Unique Business Systems of Santa Monica, CA.
2. Do not automate DME's project scheduling process.
Attachment 3
RECOMMENDA TION
DME recommends purchase of CrewManager Software from Unique Business Systems of Santa
Monica, California.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
None
DATE SCHEDULED FOR COUNCIL APPROVAL
January 17, 2006
FISCAL INFORMATION
The cost of this software package is $95,000.
BID INFORMATION
This procurement is being made in accordance with the provision of state law exempting
purchases available form only one source from the requirements of competitive bidding. The
State of Texas Catalog Information Systems Vendor Program (CISV) was applied to this proj ect.
This method of procurement is used in most high tech procurements. The conventional sealed
bid process is not conducive to high tech purchases because of issues such as the single source,
proprietary nature of much of this category of purchases and the potential of technology changes
during the bid process. The CISV allows for negotiation with the vendor to get the best pricing
and fit with the City.
EXHIBITS
1. Quote
Respectfully submitted,
Sharon Mays
Director of Electric Utilities
Prepared by:
Phil Rennaker
External Affairs Specialist
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF CREWMANAGER
SOFTWARE FOR DENTON MUNICIPAL ELECTRIC AS AWARDED BY THE STATE OF
TEXAS BUILDING AND PROCUREMENT COMMISSION THROUGH THE CATALOG
INFORMATION SERVICE VENDOR (CISV) CATALOG PROGRAM; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE
3436-PURCHASE OF CREW MANAGER SOFTWARE AWARDED TO UNIQUE BUSINESS
SYSTEMS IN THE AMOUNT OF $95,000).
WHEREAS, the City Council of the City of Denton has heretofore adopted Resolution 92-
019 pursuant to Section 2157.067 of the Texas Government Code and Sections 271.082 and 271.083
of the Texas Local Government Code which authorizes the City to participate in the State
Purchasing Building and Procurement Commission Information Service Vendor Catalog Purchase
Method provided for in Subchapter B of Chapter 2157 of the Texas Government Code (the "CISV
Catalog"); and
WHEREAS, the herein described vendor is a qualified vendor in the CISV Catalog and the
contract authorized by this ordinance is in the best interests of the City and complies with the
requirements of Subchapter B of Chapter 2157 of the Texas Government Code as a CISV Catalog
purchase; and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
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 1. The numbered items in the following numbered purchase order for materials,
equipment, supplies, or services, shown in the "File Number" listed hereon, and on file in the office
of the Purchasing Agent, are hereby approved:
FILE
NUMBER
VENDOR
AMOUNT
3436
Unique Business Systems
$95,000
SECTION 2. By the acceptance and approval of the above numbered items set forth in the
attached purchase orders, the City accepts the offer of the persons submitting the bids to the Building
and Procurement Commission 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
Building and Procurement Commission, and the purchase orders issued by the City.
SECTION 3. Should the City and persons submitting approved and accepted items set forth
in the attached purchase orders wish to enter into a formal written agreement as a result of the City's
ratification of bids awarded by the Building and Procurement Commission, the City Manager or his
designated representative is hereby authorized to execute the written contract; provided that the
written contract is in accordance with the terms, conditions, specifications and standards contained
in the Proposal submitted to the Building and Procurement Commission, quantities and specified
sums contained in the City's purchase orders, and related documents herein approved and accepted.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY. ~
3-0RD-File 3436
DRAFT
PUBLIC UTILITIES BOARD MINUTES
JANUARY 9,2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Presiding Chair of the Public Utilities Board convened into an Open Meeting on
Monday, January 9, 2006 at 9:40 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
PRESENT: John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell
Bob Bland (arrived a 9:48 a.m.)
ABSENT: Dick Smith
EX OFFICIO MEMBER:
Howard Martin
Chair, Charldean Newell, called the meeting to order at 9:00 a.m. to consider the following
items under the Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION:
8) Consider approval of the purchase of "Crew Manager Software" for Denton Municipal
Electric (DME).
Mays presented this item with the explanation that this is software that will allow DME
divisions to maintain independent project scheduling, tracking and reporting currently
contained in several separate data base applications.
Chair Newell asked ifDME had talked with any other users?
Phil Rennaker stated that he had not talked to anyone who did not like the product. He also
stated that he had looked at about 12 other products that do the same thing but with a cost of
$200,000 to $500,000. This product is at a low cost for what it will deliver to DME.
Board Member George Hopkins made a motion to approve with a second from Bill Cheek.
The motion was approved by a vote of 6-0.
AGENDA INFORMATION SHEET
DEPARTMENT: Materials Management
Questions concerning this
acquisition may be directed
to Tom Shaw 349-7133
AGENDA DATE: January 17,2006
ACM:
Jon Fortune
II
SUBJECT
Consider adoption of an Ordinance accepting competitive bids and awarding a contract for
purchase of Ready Mix Concrete and Portland Cement for various City Departments; providing
for the expenditure of funds therefor; and providing for an effective date (Bid 3438-Ready Mix
Concrete and Portland Cement awarded to lowest responsible bidder for each section in the
estimated amount of $1,000,000).
BID INFORMATION
This bid is for the annual supply of Portland cement and ready mix concrete utilized by various
City departments in the maintenance and new construction of streets, utility lines, street cuts and
backfilling operations. These materials are ordered on an as needed basis.
RECOMMENDA TION
Award to the lowest responsible bidder for each section, as listed in Exhibit A of the Ordinance,
in the estimated amount of $1,000,000. No bids were received for Item 3; therefore it will not be
awarded.
PRINCIPAL PLACE OF BUSINESS
Lattimore Materials, Inc.
Denton, TX
TXI
Denton, TX
Old Castle AGP Texas, Inc.
Dallas, TX
ESTIMA TED SCHEDULE OF PROJECT
This price agreement will be in effect for a period of one year from the date of award and may be
extended for additional one-year periods if agreed to by both parties with all pricing, terms and
conditions remaining the same.
FISCAL INFORMATION
Funding for each individual order will come from the appropriate budget or bond account of the
using department.
Agenda Information Sheet
January 17, 2006
Page 2
Respectfully submitted:
~~
Tom Shaw, C.P.M., 349-7100
Purchasing Agent
Attachment 1: Tabulation Sheet
l-AIS-Bid 3438
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
PURCHASE OF READY MIX CONCRETE AND PORTLAND CEMENT FOR VARIOUS CITY
DEP ARTMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE (BID 3438-READY MIX CONCRETE AND
PORTLAND CEMENT AWARDED TO LOWEST RESPONSIBLE BIDDER FOR EACH
SECTION IN THE ESTIMATED AMOUNT OF $1,000,000).
WHEREAS, the City 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 and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation offunds
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 1. The numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent,
are hereby accepted and approved as being the lowest responsible bids for such items:
BID
NUMBER
VENDOR
AMOUNT
3438
3438
3438
Lattimore Materials, Inc.
Old Castle AGP Texas, Inc.
TXI
Exhibit A
Exhibit A
Exhibit A
SECTION 2. 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 pur-
chase the materials, equipment, supplies or services in accordance with the terms, specifications,
standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and
related documents.
SECTION 3. Should the City and the winning bidder(s) 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 in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Bid
Proposal and related documents and to extend that contract as determined to be advantageous to the
City of Denton.
SECTION 4. By the acceptance and approval of the above enumerated bids, the City
Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with
the approved bids.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY. ~
3-0RD-3438
Exhibit A
BID # 3438
DATE: December 29, 2005
Annual Contract for Read Mix Concrete & Portland Cement
Lattimore Old Castle
Materials, TXI AGP Texas,
Inc. Inc.
Principle Place of Business: Denton, TX Denton, Dallas, TX
TX
PORTLAND CEMENT
Portland Cement per sack _ Ibs.
1 70 750-21-000 Sacks Delivered to City of Denton Warehouse in $9.90
truckload quantities.
1a Estimated delivery after receipt of order 2 days
1b Minimum Order Quantity if applicable 10
2 800 NjA Tons Type 1 bulk cement delivered to job site $135.00
2a Estimated delivery after receipt of order 24 hrs.
READY MIX CONCRETE
4 8000 NjA Cubic 5 Sack Mix delivered to job site $68.00
Yard
5 5000 NjA Cubic 1.5 Sack Mix delivered to job site $58.00
Yard
6 3000 NjA Cubic 1 Sack Mix delivered to job site $57.00
Yard
7 10 NjA Cubic 3000 PSI - 4.5 WRA delivered to job site $66.00
Yard
8 10 NjA Cubic 3000 PSI with Fly Ash 20% Max $66.00
Yard
9 NjA HR Truck Time if applicable $ NjA
10 NjA EA Small Load Charge if applicable $ NjA
11 NjA SK Sack Adjustment $ per sack $4.00
12 150 NjA LDS Environmental Fee per load if applicable $5.00
$
AGENDA INFORMATION SHEET
AGENDA DATE: January 17,2006
DEPARTMENT: Fire Department
ACM:
Jon Fortune
8:
SUBJECT
Consider approval of an Ordinance of the City of Denton, Texas, amending Ordinance
No. 2005-014 prescribing the number of positions in each classification of Police Officer;
prescribing the number of positions in each classification of fire fighter; providing a
savings clause; providing a severability clause; and declaring an effective date.
BACKGROUND
Civil Service law, Texas Local Government Code, Chapter 143, requires governing
bodies of all jurisdictions with Civil Service employees to officially authorize their exact
number of Civil Service employees. Therefore, the City of Denton City Council must
authorize by ordinance the number of authorized Civil Service positions. Since the last
approved Ordinance (No. 2005-014) on January 4, 2005, the Fire Department and Police
Department have made changes in their authorized Civil Service positions in the adopted
2005/2006 City budget. Staff requests the Council now authorize the correct number of
Civil Service positions for the Fire Department and Police Department as detailed below.
Fire Department:
The City Council authorized one (1) new FTE Fire Captain's position as a Training
Officer. There will need to be three promotions for the three (3) Fire Captains at Fire
Station #7. There will be no FTE's required to make these promotions because the
number of Captains will offset the fifteen (15) firefighters for Station #7 by three (3).
Therefore, the proposed ordinance changes the number of Captain positions from twenty-
two (22) to twenty-six (26):
CAPTAINS
Current number authorized by 2005-014 22
Approved Training Captain (New FTE) 1
Station 7 Captain Promotions 3
TOTAL CAPTAIN POSITIONS 26
In addition, Fire Station #7 will require the promotion of three (3) Drivers, which will
also require no FTE's because they will also be deducted from the approved fifteen (15)
firefighters for Station #7. Therefore the number of Drivers increases from 36 to 39.
DRIVERS
Current number authorized by 2005-014 36
Station 7 Driver Promotions 3
TOTAL DRIVER POSITIONS 39
1
In a review of the Fire Department's overtime time, the City Auditor reported the
following:
Issue 6: Relief Positions
Fire currently maintains six vacation and three relief positions. The relief
positions are staffed to assist in meeting minimum staffing requirements when
employees are out for sick leave, FMLA, disability and other unforeseen
absences. On some shifts, all six vacation slots are not taken, therefore leaving
additional staff to fill in when unforeseen absences occur. Internal Audit
performed an analysis of overtime worked during Fiscal Year 2003-2004, as well
as during Fiscal Year (to date) 2004-2005, to assess whether the addition of three
additional relief positions would reduce overall personal services expenditures
for Fire Civil Service. Based on the review, it was determined that the addition of
three firefighters would have increased the personal service costs. During these
two time periods, the overtime expenditures saved would have been less than the
cost of employing three additional full time firefighters.
However, as an alternative, Internal Audit performed an analysis of overtime
worked during Fiscal Year 2003-2004, as well as during Fiscal Year (to date)
2004-2005, to assess whether the addition of one floating relief position would
reduce overall personal service expenditures. Based on this analysis, if Fire
Operations would have had one floating relief position during 2003-2004, it
could have potentially saved a little over $80,000 in overtime expenditures.
During 2004-2005, it could have potentially saved a little over $75,000 in
overtime expenditures. The total cost of hiring an entry level firefighter is around
$65,500 annually. For this reason, it would appear that hiring a floating relief
position may decrease overall personal service expenditures by around $10,000
to $15, 000 annually.
Recommendation
Consider hiring one floating firefighter to fill in for extended vacancies such as
disability, illness, training, vacant positions, etc. Further, although the analysis
of Fiscal Years 2003-2004 and 2004-2005 did not support hiring three additional
relief personnel (or one for each shift), management should perform an analysis
of this nature on an annual basis to determine if staffing needs have changed from
the prior year, making the addition of more relief staff appropriate.
Based on the Internal Auditor's recommendation and at no expected increase in costs,
and with the City Council's authorization, the Department will add one (1) additional
firefighter to its authorized number of firefighters. This floating firefighter position will
fill long-term vacancies as they occur.
The current total Civil Service numbers reflect the additional fifteen (15) Firefighters
approved in the current FY200512006 budget for Fire Station #7. However, the three (3)
Station #7 Fire Captains and three (3) Station #7 Drivers reduce the number of
firefighters by six (6). Therefore, the total Firefighters will now be 76 as follows.
2
FIREFIGHTERS
Current number authorized by 2005-014 81
Reductions of 3 Station #7 Captains -3
Reductions of 3 Station #7 Drivers -3
Addition of Floater Firefighter (New FTE) 1
TOTAL FIREFIGHTER POSITIONS 76
Following are the proposed Fire Department number changes to Ordinance No. 2005-
014, which the City Council approved on January 4, 2005. The total authorized Fire
Department Civil Service positions will now be 149 with two (2) new FTEs.
CLASSIFICATION
Fire Chief
Deputy Fire Chief
Battalion Chief-Operations
Battalion Chief-Information Services
Captain
Driver
Firefighter (and Recruits)
TOTALS
2005 NUMBERS
1
1
5
1
22
36
81
147
Police Department:
City Ordinance 2005-014 prescribes a total of 142 authorized positions for the Police
Department. Six (6) additional positions were funded in the FY 2005-06 budget,
specifically one (1) additional sergeant; three (3) additional police officers for patrol; one
(1) additional police officer for the Investigative Services Bureau; and one (1) additional
police officer to replace the officer transferred from patrol to the school resource officer
position at Guyer High School. These six positions bring the total number of authorized
positions for the Police Department to 148.
Following are the proposed Police Department number changes to Ordinance No. 2005-
014, which the City Council approved on January 4, 2005.
CLASSIFICATION
Chief of Police
Captain
Lieutena nt
Sergeant
Police Officer (and Recruits)
TOTALS
2005 NUMBERS
1
3
7
15
116
142
FISCAL IMPACT
3
There will be no additional fiscal impact due to the fact that all proposed changes have
been funded in the approved FY 2005/2006 budget.
Prepared by:
A
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Ross Chadwick
Fire Department
Charles Wiley
Police Department
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AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2006
CM:
Transportation Operations
Howard Martin, 349-8232 ..
DEPARTMENT:
SUBJECT
Consider adoption of an ordinance approving an assignment of leasehold interest in a
commercial operator airport lease agreement at Denton Municipal Airport from Triangle
Aviation, Inc. to Charles N. Davis, III, located at 4650 John Carrell Road at the Denton
Municipal Airport and authorizing the City to execute an amendment extending the term of the
lease; and providing an effective date. Airport Advisory Board recommends approval 7-0.
BACKGROUND
Mr. John Brown of Triangle Aviation, Inc. has requested the City of Denton to authorize the
assignment of his commercial operator airport lease agreement to Charles N. Davis, III. As a
condition to the assignment, Mr. Davis has agreed to the standard Assignment language
requiring a $500 transfer fee and agreed to pay administrative costs associated with processing
the assignment.
Mr. Davis has also requested that the original 30-year lease agreement be extended by an
additional five years. The proposed five-year extension will result in an increase to the index
adjusted rate by five (5) cents per square foot per year on May 1, 2031.
ESTIMA TED SCHEDULE OF PROJECT
The lease assignment and the amendment would become effective immediately, January 17,
2006 and continue through the adjusted term of the lease, 30th day of April 2036.
PRIOR ACTIONIREVIEW
The City Attorney has reviewed the lease assignment and extension. The Airport Advisory
Board recommends approval of the assignment and extension 7-0. Staff recommends approval of
the assignment and extension as submitted.
FISCAL INFORMATION
A $500 transfer fee will be required and an additional administrative fee for reasonable attorneys
fees and staff time will also be due. The lease requires an adjustment to the lease every other
year based on the Department of Labor's Consumer Price Index (CPI) for the Dallas-Fort Worth
Area. The adjusted rental rate at the end of the original term will receive an additional five (5)
cent per square foot adjustment on May 1, 2031 and CPI adjustments will continue through the
end of the lease.
1
EXHIBITS
1. Ordinance
2. Assignment
3. Lease Amendment
4. Minutes
Respectfully submitted:
-nt'~ ~
Mark Nelson
Chief Transportation Officer
2
S:\Our Documents\Ordinances\06\Assignment of pad site Triange-Davis.doc
ORDINANCE NO.
AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN A
COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT AT DENTON MUNICIPAL
AIRPORT FROM TRIANGLE AVIATION, INC. TO CHARLES N. DAVIS, III, LOCATED
AT 4650 JOHN CARRELL ROAD AT THE DENTON MUNICIPAL AIRPORT AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT EXTENDING
THE TERM OF THE LEASE; AND PROVIDING AN EFFECTNE DATE.
WHEREAS, Triangle Aviation, Inc. has requested that its Airport Lease Agreement
Commercial Operator at 4650 John Carrell Road dated April 4, 2001 be assigned to Charles N.
Davis III; and
WHEREAS, Mr. Davis has requested that the Lease be amended to extend the term for
five years and the City Manager recommends an increase in the rental for this period; and
WHEREAS, the Airport Board has approved the Assignment and Lease Amendment; and
WHEREAS, the City Council deems it in the public interest to approve this Assignment
and the amendment to extend the Lease; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to execute an
Assignment of a leasehold interest in an Airport Lease Agreement Commercial Operator at the
Denton Municipal Airport from Triangle Aviation Inc. to Charles N. Davis ill, in substantially
the form of the Assignment attached to and made a part of this Ordinance for all purposes, to
evidence the City's consent to the Assignment.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute an
Amendment to the Commercial Operator Airport Lease with Triangle Aviation, Inc. that extends
the term of the Lease for five years and increases the rental, in substantially the form of the
Amendment attached to and made a part of this Ordinance for all purposes.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
.2006.
EULINE BROCK, MAYOR
'.,
S:\Our Documents\Ordinances\06\Assignment of pad site Triange-Davis.doc
ATTEST:
JENNlFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
~MtI!d~
BY:
Page 2 of2
s:\Our Documents\Conttaets\06\Triangle Aviation-Davis Assignment.doc
LEASE ASSIGNMENT OF
COMMERCIAL OPERATORS LEASE AT
DENTON MUNICIPAL AIRPORT
DATE:
January 17, 2006
ASSIGNOR: Triangle A viatio~ Inc.
ASSIGNEE: Charles N. Davis, III
LEASE:
Date:
Landlord:
Tenant:
Premises:
Aprill7,2001
City of Denton, Texas
Triangle Aviation, Inc.
The property located at 4650 John Carrel Road, Denton, Texas
76207 and more fully described in the Attachment A and B which
is made a part of this Assignment for all purposes.
Assignor assigns to Assignee Tenant's interest in the lease.
A. Assignee Agrees To:
1. Assume Tenant's Obligations under the Lease.
2. Accept the premises in their present "as is" condition.
3. Complete all obligations of purchase from Assignor prior to this
Assignment becoming effective.
Landlord consents to this assignment Landlord agrees to notify Assignor within
30 days of any Assignee default.
B. Assignor agrees as a condition of Landlord's consent to this Assignment that:
1. Assignor will remain liable on the Lease should Assignee default on the
Lease.
2. Assignor will payor will have the Assignee pay the Landlord a $500
transfer fee.
3. Assignor will payor will have the Assignee pay all the Landlord's
administrative costs of handling and processing this assignment, including
without limitation, all Landlord's reasonable attorneys fees and Landlord's
staff time associated with this assigmnent.
PREVIOUS ASSIGNMENTS: None
For Triangle Aviation, Inc. John Brown, President, Assignor
d~/ ti~
EXHIBIT 2
. S:\OUf Documents\Contracts\06\Traingle Aviation.Davis Assignment.doc
Charles N. Davis~ ITI
City of Denton, Landlord
Howard Martin. Interim City Manager
Attest:
J ennifer Walters, City Secretary
By:
Approved as to Legal Form:
Edwin M. Snyder, City Attorney
By. C/~4
STATE OF TEXAS
COUNTY OF DENTON
This instnunent was acknowledged before me on the ffl day Of~
20~ by John Brown, President of Triangle Aviation, Inc., a State of Te corporation,
behalf of said corporation.
[SEAL}
~9:~'~ JOAN M. DAViS
. ~:~>. MY COMMISSION EXPIRES
,;0 May 16, 2006
No Public, State of Texas
y Commission Expires... 6-1 kJ ' O~
(or Notary Stamp)
Page 2 of3
, S:\Our Docurnenlll\Contracts\06\Traing1e Aviation-Davis Assignment.doc
STATE OF TEXAS
CO~OFDENTON 5(~il
This instrument wss ackmwledged before me on the.J(#= !Jay of AI !~
20~ by Charles N. Davis, III. U
[SEAL]
......~
~~~ JOAN M. DAVIS
~*.:i MY COMMISSION E,XPIRES
~:~.. May 16,2006
tary blic. State of Texas
y Commission Expires , 15,') /t; - tJ&
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the _ day of
20-, by Howard Martin, Interim City Manager on behalf the City of Denton, Texas, a
municipal corporation.
(SEAL]
Notary Public, State of Texas
My Commission Expires
(or Notary Stamp)
Page 3 of3
ATTACHMENT "All
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ATTACHMENT liB"
FJELD NOTES to alllhlll certain tract or p3rcel oflal'ld lying and being situated in the Wlffam Neil
Survey. Abstracl Number 970 in tile City of Denton, Dllnton County. Texas and being II part of Lot
1, Block 1 of the SoulheClst Airport Addition, an addition in the City of Denton, Denlon County,
Texas, 8ccording to Ihe p1atthereol recorded in Cabinet G. Page 29S oftho Pial ReCOtds or
Denton Counl~. Texas, and being more particularly deserlbed as follows:
COMMENCING at the most Westerly Southwest Comllrofsaid LoI1. Block 1:
THENCE No rth 08 Degre es 35 Mlnules 21 Seconds ElIsl wilh the Wost!ine of said Lot 1, a
distance 01 936.22 reel:
THENCE South 88 Degrees 36 Minutes 10 Seconds Easl, a distance of 913,34 feel to a 1J2lnch
Iron Rod fDund at tlte Northwest corner Dfthe herein described Iract in the South !in It 01 a130 foot
taxiway, drainage, and utility easemen!: , .
.
THENCE South 88 Degrees 41 Minutes 06 Seconds East wilh the Nodh line of the subject tmd
and the SolJlh tine oheid 130 fool easement. a distance of 100.00 reeHo a 1121ncll cappe<llron
Rod Sel for the Nar1h~asl CClmer of 1M herein desalbed tracl;
THENCE South Ot Degrees 22 Minutes 17 Seconds West with lhe East line of llle subjecllracl. a
distance of 160,00 feel to 1J2lnch Capped Iron Rod Set for Ihe Soulheasteomeroftl1e herein
described tract:
THENCE North 88 Degrees 37 Minutes 343 Seconds West wilh the South fine of the subject tract.
B di!;;tant:e of 100.0a feel to a 1/2 Inch I ron Rod Found lor the SOuthWesl corner of the herein
described tract;
THENCE North 01 Degrees 22 Minutes 17 Seconds Ea5twith the West ~ne of the subject keel. a
dhstance of 179.90 feet to Itle Point.of-Beginning. and contaIning in all 0,41 of an acre orrand.
more 01 less.
These Reid notes with the accompanying sketch were ptepllled from an on-l~round survey
made under my direc.tlon and supervision on 03-19-01. .
FLOOD STATE:MENT: I have BXilmlned the F.E.M.A. Flood Insurance Rate Map for the City of
Ponder, Denlon County, Texas, Community Panel No. 480194, effecti....e dale 3-30-98 and that
map indicates lhalthis property Is In Zone X which rsdefined as "Areas determined 10 be outside
of the SOO year f1oad" as shown on Panel 0355 E of said map.
)cl ,,~}.=-
J.E. THOMPSON R. .1...8.4857
o S-Z.lI-'2Q>I
Dare .
d.~~t.).~'":{..
Ff/ ...'{ ;..... .,...
/J~~...":~: '~., ~~.:.::.../::
/1'!ttt}!.J ~ .,~/t . tor' :
f.i::.~{~:~~{;:~ .-,:.:~ .'
'-;'~( ~....-. -, .... j
.::~';:~~:~:..._~-..J ~ .:
.... ."
S:\Our Documents\Contracts\06\Trumgle First Amendmentdoc
FIRST AMENDMENT TO
AIRPORT LEASE AGREEMENT
COMMERCIAL OPERATOR
THE STATE OF TEXAS g
~
COUNTY OF DENTON S
KNOW ALL MEN BY THESE PRESENTS
This First Amendment to that certain Airport Lease Agreement Commercial Operator
which was made and executed on April 17, 2001 at Denton, Texas, by and between the City of
Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor/' and Mr. John
Brown, President, Triangle Aviation, Inc. having principal offices at 11505 Airway Boulevard,
Roanoke, Texas 76262, hereinafter referred to as "Lessee" which lease is simultaneously with
this Amendment being assigned to Charles N. Davis, III "Assignee".
WITNESSETH:
WHEREAS, the Assignee and the Lessee has requested an extension of the Lease for five
years and the City Manager and the Airport Advisory Board support the extension of the Lease;
NOW, THEREFORE, in consideration of the promises and the mutual covenants
contained in this Agreement, the parties agree as follows:
SECTION 1. Section m. ''Tenn'' is here~y amended to read as follows:
m. Term. The term of this Agreement shall be extended for a period of
five (5) years, commencing on the 1st day of May 2031, and continuing
through the last day of Apri.12036, in addition to the initial term of thirty
(30) years from May 1, 2001 through the last day of April, 2031, unless
earlier terminated under the provisions of the Agreement. Any attempt by
Lessee to renegotiate this Lease shall be in writing addressed to the City
Manager or his designee at least one hundred eighty (180) days before the
expiration of the stated term of this Lease, and at least 180 days before the
expiration of any additional renegotiated period. Lessee has the option to
renew for two (2) additional ten (10) year terms. The rental and tenns to
be negotiated shall be reasonable and consistent with the then value.
rentals and terms of similar property on the airport.
SECTION 2. Section N. "Payments, Rentals and Pees" is hereby amended by adding
the following paragraph which shall read as follows:
A. Beginning May 1,2031 through the end of the term oftbe Lease,
the rental will be increased by $0.05 per square foot over the then
adjusted yearly rental as determined by Section IV.C. hereof.
Lessee has the option to pay annual rentals and fees in whole on or
EXHIBIT 3
S:\Our Documents\Contracts\06\Triang1e First Arnendmentdoc
before the 1 rt day of October, at the beginning of the City's fiscal
year. each and every year of this lease.
SECTION 2. Save and except as amended hereby, all the remaining clauses, sentences,
paragraphs, sections and subsections of the Lease shall remain in full force and effect, but the
notarization should be for Charles N. Davis, ill as opposed to Triangle Aviation.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year above first written.
BY LESSOR:
HOWARD MARTrn
INTERIM CITY MANAGER
ATTEST:
JENNJFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATIORNEY
BY: %dJlf4'
~
'aVP?t-
CHARLES N. DA . lli.
Page 2 of3
S '\Our Documents\Contracts\06\Triangle First Amendmentdoc
STATE OF TEXAS
COUNTY OF DENTON
This instnnnent was acknowledged before me on the~nQ. day of ~ a 'tS '
20 rk , by Charles N. Davis, III. .'
[SEAL}
~.~ JOAN M. DAVfS
. t."'!!.};) MY COMMISSION EXPIRES
~. May 16.2006
o Public~ State of Texas
ommission Expire~ Fj- ) Ia ~ DCo
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the _ day of .
20---, by Howard Martin. Interim City Manager on behalf the City of Denton, Texas~ a
municipal corporation-
[SEAL]
Notary Public, State of Texas
My Commission Expires
(or Notary Stamp)
Page 3 of3
DRAFT MINUTES
AIRPORT ADVISORY BOARD MEETING
DECEMBER 19, 2005
After determining that a quorum is present, the Airport Advisory Board convened in a
Regular Meeting on Monday, December 19, 2005 at 5:30 p.m. in the Airport Terminal
Building at 5000 Airport Road, Denton, Texas.
BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don
Smith, John Vann, Jay Anderson, Larry Luce, Bob Eames and John Kristoferson
BOARD MEMBERS ABSENT: None
STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Julie
Mullins, Aviation Assistant and Herb Prouty, Consulting Attorney.
PUBLIC PRESENT: Damon Ward and Trey Bryson of Business Air Center, Mike
Sykes, Roper Vaughn and Lawrence Hicks of US Flight Academy and Brian Glass,
GRW Willis, Inc. Architect.
ITEMS FOR INDIVIDUAL CONSIDERATION
VI Receive a report, hold a discussion and consider a recommendation to City
Council regarding the assignment and extension of the Triangle Aviation land
lease agreement to Charlie Davis, III. The Board reserves the right to convene
into executive session for deliberations regarding real property - Under
TEXAS GOVERNMENT CODE Section 551.072.
A motion was made by Don Smith to approve the assignment of the
Triangle Aviation land lease agreement to Charlie Davis, III and provide
for a five-year extension of the lease. John Kristoferson seconded the
motion. The motion was approved by a vote of 7-0.
EXHIBIT 4
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2006
CM:
Transportation Operations
Howard Martin, 349-8232 ..
DEPARTMENT:
SUBJECT
Consider adoption of an ordinance approving an assignment of leasehold interest in a
commercial operator airport lease agreement at Denton Municipal Airport from US Flight
Academy, LLC. to US Aviation Group, LLC, located at 4850 Spartan Drive at the Denton
Municipal Airport; and providing an effective date. Airport Advisory Board recommends
approval 7-0.
BACKGROUND
US Flight Academy representatives have requested the City of Denton to authorize the
assignment of their commercial operator airport lease agreement to US Aviation Group, Inc. As
a condition to the assignment, US Aviation Group has agreed to the standard Assignment
language requiring a $500 transfer fee and has agreed to pay administrative costs associated with
processing the assignment.
ESTIMA TED SCHEDULE OF PROJECT
The lease assignment and the amendment would become effective immediately, January 17,
2006 and continue through the term of the lease, the last day of February 2032.
PRIOR ACTIONIREVIEW
The City Attorney has reviewed the lease assignment. The Airport Advisory Board recommends
approval of the assignment 7-0. Staff recommends approval of the assignment as submitted.
FISCAL INFORMATION
A $500 transfer fee will be required and an administrative fee for reasonable attorneys fees and
staff time will also be due. No increase will be applied to the lease rate.
EXHIBITS
1. Ordinance
2. Assignment
Respectfully submitted:
-nf'aI' &AA-
Mark Nelson
Chief Transportation Officer
1
C:\DOCUME-I\hlprouty\LOCALS-I\Temp\ORD.US Flight Academy 05.doc
ORDINANCE NO.
AN ORDINANCE APPROVING AN ASSIGNMENT OF A LEASEHOLD INTEREST IN A
COMMERCIAL OPERATOR AIRPORT LEASE AGREEMENT AT DENTON MUNICIPAL
AIRPORT FROM US FLIGHT ACADEMY, LLC. TO US AVIATION GROUP, LLC,
LOCATED AT 4850 SPARTAN DRNE AT THE DENTON MUNICIPAL AIRPORT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, US Flight Academy, LLC. has requested that its Airport Lease Agreement
Commercial Operator at 4850 Spartan Drive dated February 19, 2002 be assigned to US
Aviation Group, LLC; and
WHEREAS, the Airport Board has approved the Assignment; and
WHEREAS, the City Council deems it in the public interest to approve this Assignment;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to execute an
Assignment of a leasehold interest in an Airport Lease Agreement Commercial Operator at the
Denton Municipal Airport from US Flight Academy, LLC. to US Aviation Group, LLC., in
substantially the form of the Assignment attached to and made a part of this Ordinance for all
purposes, to evidence the City's consent to the Assignment.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
EULINE BROCK, MAYOR
EXHIBIT 1
C:\DOCUME-I\hlprouty\LOCALS-I\Temp\ORD.US Flight Academy 05.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: fiW/q
Page 2 of2
T:\A New Development\US Fhght Academy - FBO\AGR US Flight Academy Assign 06.doc
LEASE ASSIGNMENT OF
COMMERCIAL OPERATORS LEASE AT
DENTON MUNICIPAL AIRPORT
DATE:
January 17, 2006
ASSIGNOR: US Flight Academy, LLC
ASSIGNEE: US Aviation Group, LLC
LEASE:
Date:
Landlord:
Tenant:
Premises:
February 19, 2002
City of Denton, Texas
US Flight Academy, LLC.
The property located at 4850 Spartan Drive, Denton, Texas 76207
and more fully described in the Attachment A and B which is made
a part of this Assignment for all purposes.
Assignor assigns to Assignee Tenant's interest in the lease.
A. Assignee Agrees To:
1. Assume Tenant's Obligations under the Lease.
2. Accept the premises in their present "as is" condition.
3. Complete all obligations of purchase from Assignor pnor to this
Assignment becoming effective.
LandlQrd consents to this assignment. Landlord agrees to notify Assignor within
30 days of any Assignee default.
B. Assignor agrees as a condition of Landlord's consent to this Assignment that:
1. Assignor will remain liable on the Lease should Assignee default on the
Lease.
2. Assignor will payor will have the Assignee pay the Landlord a $500
transfer fee.
3. Assignor will payor will have the Assignee pay all the Landlord's
administrative costs of handling and processing this assignment, including
without limitation, all Landlord's reasonable attorneys fees and Landlord's
staff time associated with this assignment.
PREVIOUS ASSIGNMENTS: None
For US Flight Academy, LLC., Tod . Coffee, Managing Director, Assignor
'-."
"'~
Todd Coffee, Managin
EXHIBIT 2
T:\A New Development\US Flight Academy - FBO\AGR US Flight Academy Assign 06.doc
For US Aviation Group, LLC, Assignee
M
City of Denton, Landlord
Howard Martin, Interim City Manager
Attest:
Jennifer Walters, City Secretary
By:
Approved as to Legal Form:
Edwin M. Snyder, City Attorney
By:
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the 3 v) day of :frLj1...t,4j;f.-rY ,
20~, by Todd Coffee, Managing Director of US Flight Academy, LLC., a State 01 Texas
corporation, on behalf of said corporation.
i~
;. J).x --,
-vft ;;;,#
Donna A Davis
My i-::ommisslon Expires
11115"2009
~t2,rbvY
Notary Public, State of Texas
My Commission Expires /J/J.~/09
1 '
(or Notary Stamp)
[SEAL]
Page 2 of3
T:\A New Development\US Flight Academy - FBO\AGR US Flight Academy Assign 06.doc
STATE OF TEXAS
COUNTY OF DENTON
This inslnnnent was acknowledged before me on the trd day of ~~
20 Olo, by Mike Sykes, General Manager, US Aviation Group, LLC., State of as
corporation on behalf of said corporation.
[SEAL]
~~.,~ JOAN M. DAVIS
. (*:J~ MY COMMISSION EXPIRES
..~.. May 16,2006
ot Public, State ofYexas
Conunission Expires ...!j, /10- 00
(or Notary Stamp)
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on the _ day of
20_, by Howard Martin, Interim City Manager on behalf the City of Denton, Texas, a
municipal corporation.
[SEAL]
Notary Public, State of Texas
My Commission Expires
(or Notary Stamp)
Page 3 of3
(
(
ATTACHMENT A
roc
JJ:.RJSS 1ol0tl
j/ S 88"53'12" E 268.86'
!NJW COR LOT 1
BLOCKl SOlJTHEAST
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INTER PT
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l~;X~s;~ -:~~~;l;};;:~1~~~i~~t~ii}~~n7)J~~~}iX;}::~t.~~~~t~~~~~m~)~4~~f[:;tjj:;!
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~nael .J. Kern RPLS ~~58 Da~-""--
This survey wos prepared without benefit of 0 schedule 8 or titre binder
~
i'1f
'~
ISBELL ~
ENGINEERING
GROUP, INe.
DENTON AIRPORT
DENTON, TX
TODD COFFEE
SCALE: 1" :; 100'
~ SHEET NO.
~ F~1. 2002
Project C02000
{
(
ATTACHMENTB
METES MID BOUNDS DESCRIPTION
r~~~F,;,~:;.:;';1i,f;.1t~~~~~V~\t~:J~~:.~~t;i~:;e/
h" "" C "......'~ "l\'':;'(:: .... 1 'r'
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. '~ji~{~ji~f;1
FIELD NOTES to all thal certain lroct of land situaled in toe City and County of Denton, Texas ond being 0 port of lot I
Block 1 of the Southeast Airport Addition on oddition in the City of Denton, according to the Plot thereof recorded in Cobine~
G Poge 295 of the Pial Records of Denton County, Texas, the subject troct being more porticularly described as follows,
COMMENCING ot 0 brass cop found set in ospholt on the Eastern side af 0 taxiway at the Northwes't corner of soid Lot 1;
THENCE South 88 Degrees 53 Minutes 12 Seconds East with the North line of said lot 1 a distance of 268.86 feet to a po;nl
for corner;
THENCE South 0 I Degrees 23 Minutes 50 Seconds West a distance of 129.80 feet to a W' copped iran rod found for the
PLACE OF BEGINNING being the Northwest corner of the herein described tract;
THENCE South 88 Degrees 36 Minutes 10 Seconds Eost with the South line of 0 varioble width taxiway, drainage and utility
easement os shown on said Plat 0 dislance of 200.00 feet to a W' capped iron rod found for the Northeast corner of the
herein described troct;
THENCE South 01 Degrees 23 Minutes 50 Seconds West 0 dislonce of 170.00 feet to 0 W' copped iron rod found for the
Southeast comer of the herein described trod on the North line of 0 60 foot access, drainage and utility easement os shoNn
on said Plot;
THENCE North 88 Degrees 36 Minutes 10 Seconds West with the North line thereof a distonce of 200.00 feet to a ~- iron rod
found for the Southwest corner of the herein described tract,
THENCE North 01 Degrees 23 Minutes 50 seconds Easl with the East line of the above mentioned variable width easement G
distance of 170.00 reet to the PLACE OF BEGINNING and enclosing 0.78 of on acre of land.
These Field Notes with the accompanying sketch were prepared from an on-the-ground survey. mode by me on January 31,
2002. ~r:;re~ visible or apporent intrusions, protrusions or easements except os shown hereon.
~~~~_ ez~~z-
~h~IJ. Kern RPls"i?o~5a Da~-"'"
This survey was prepared without benefit of 0 schedule B or titre binder
.L
.r
TODD COFFEE
SCALE: 1" = 100'
~ SHEET NO.
~ F~1, 2002
:tl~
~ ~,
=-
ISBELL
ENGINEERING
GROUP, INC.
Project C02000
~
DENTON AIRPORT
DENTONr TX
DRAFT MINUTES
AIRPORT ADVISORY BOARD MEETING
DECEMBER 19, 2005
After determining that a quorum is present, the Airport Advisory Board convened in a
Regular Meeting on Monday, December 19, 2005 at 5:30 p.m. in the Airport Terminal
Building at 5000 Airport Road, Denton, Texas.
BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don
Smith, John Vann, Jay Anderson, Larry Luce, Bob Eames and John Kristoferson
BOARD MEMBERS ABSENT: None
STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Julie
Mullins, Aviation Assistant and Herb Prouty, Consulting Attorney.
PUBLIC PRESENT: Damon Ward and Trey Bryson of Business Air Center, Mike
Sykes, Roper Vaughn and Lawrence Hicks of US Flight Academy and Brian Glass,
GRW Willis, Inc. Architect.
ITEMS FOR INDIVIDUAL CONSIDERATION
IV Receive a report, hold a discussion and consider a recommendation to City
Council regarding the assignment of the US Flight Academy land lease
agreement to Roper Vaughn and Mike Sykes, and consider the provision of
FBO services from the leasehold. The Board reserves the right to convene
into executive session for deliberations regarding real property - Under
TEXAS GOVERNMENT CODE Section 551.072.
John Kristoferson arrived 5:41 P.M.
Mark Nelson and Mike Sykes presented a plan that would assign the US
Flight Academy lease from US Flight Academy to Mike Sykes and Roper
Vaughn. Also discussed was a plan to allow FBO services to be provided
from the proposed expansion of the US Flight Academy leasehold.
Airport Board Members discussed the FBO proposal in detail requesting
additional informational be provided. Jay Anderson requested a financial
report be furnished at the next presentation to the Board.
At 5:57 P.M. Chairman Rick Woolfolk recommended the Board enter into
Executive Session to discuss the item further pursuant to the Texas
Government Code Section 551.072.
At 6:14 P.M. the Executive Session concluded. No action was taken during
Executive Session.
EXHIBIT 3
Direction was provided by the Airport Board to move forward with the
concept of permitting a second FBO based at the US Flight Academy hangar.
A motion was made by Don Smith to approve the Assignment. Bob
Eames seconded the motion. The motion was approved by a vote of 7-0.
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2006
CM:
Solid Waste
Howard Martin, 349-8232 ..
DEPARTMENT:
SUBJECT
Consider approval of a resolution of the City Council of the City of Denton, Texas authorizing
the filing of a project application with the North Central Texas Council of Governments for a
Regional Solid Waste Program - Local Implementation Project; delegating and authorizing
Shirlene Sitton, Recycling Manager of the City to act on behalf of the City in those matters
related to the application for grant; authorizing Howard Martin, Interim City Manager, or his
designate, to act on behalf of the City in all other matters that are related to the project
application, pledging that if funding for this project is received the City of Denton, Texas will
comply with all project requirements of the North Central Texas Council of Governments, the
Texas Commission on Environmental Quality, and the State of Texas; providing for an effective
date. (The Public Utilities Board recommends approval 6-0.)
BACKGROUND
This grant will help fund equipment and supplies for the new Home Chemical Collection
building, as well as educational and outreach materials for the public, and the Recycling
Division's DISD school program. Much of the equipment listed in the grant will help make the
operation more efficient, and improve the possibilities of eventually offering regional services.
Grant applications will be approved by March 1,2006, and projects must be complete in June
2007. Estimated task completion dates are included in backup materials, which are the Task List
pages from the grant application.
OPTIONS
PUB may recommend Council pass the grant resolution, or recommend not passing the grant
resolution.
RECOMMENDA TION
Staff recommends that City Council pass a resolution approving the Solid Waste Recycling
Division's application for the 2006 TCEQ/NCTCOG Solid Waste grant in the sum of $78,650.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
This item was presented to the Public Utilities Board at their January 9, 2006 regular meeting.
The Public Utilities Board recommends approval 6-0.
FISCAL INFORMATION
This is a reimbursement grant with quarterly reporting and release of funds.
PUB Agenda Information Sheet - TCEQ Grant
January 9, 2006
Page 2 of2
BID INFORMATION
N/A
EXHIBITS
1. Resolution
2. Grant Application Task List with grant-related activities, timeline, and costs.
3. PUB Minutes
Respectfully submitted:
a./~'~
Vance Kemler
Director, Solid Waste
Prepared by:
Shirlene Sitton
Recycling Manager
RESOLUTION NO. R2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH
CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE
PROGRAM - LOCAL IMPLEMENTATION PROJECT; DELEGATING AND
AUTHORIZING SHIRLENE SITTON, RECYCLING MANAGER OF THE CITY TO ACT
ON BEHALF OF THE CITY IN THOSE MATTERS RELATED TO THE APPLICATION
FOR GRANT; AUTHORIZING HOWARD MARTIN, INTERIM CITY MANAGER, OR
HIS DESIGNATE, TO ACT ON BEHALF OF THE CITY IN ALL OTHER MATTERS
THAT ARE RELATED TO THE PROJECT APPLICATION, PLEDGING THAT IF
FUNDING FOR THIS PROJECT IS RECEIVED THE CITY OF DENTON; TEXAS WILL
COMPLY WITH ALL PROJECT REQUIREMENTS OF THE NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY, AND THE STATE OF TEXAS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the North Central Council of Governments ("NCTCOG") has been
directed by the Texas Commission on Environmental Quality ("TCEQ") to administer solid
waste project funds for the implementation of the NCTCOG adopted "SEE Less Trash
Regional Solid Waste Management Plan"; and
WHEREAS, the City of Denton, Texas is qualified to apply for project funds under
the "Request for Project Applications"; and
WHEREAS, the City Council of the City of Denton has expressed their support and
interest regarding the above-referenced solid waste department project; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council of the City of Denton, Texas hereby delegates and
authorizes Shirlene Sitton, Recycling Manager of the City of Denton, Texas, to complete the
application and send in the application to request project funding under the North Central
Texas Council of Governments' Request for Project Applications of the Regional Solid Waste
Local Project Funding Program; and the City Council hereby and authorizes Howard Martin,
Interim City Manager, or his designee, to act on behalf of the city in all matters, other than the
completion and sending in of the project application, that are related to the project application,
and any subsequent project contract(s) that may result therefrom.
SECTION 2 Should the project be funded, then the City of Denton, Texas shall
comply with the requirements of the North Central Texas Council of Governments, the Texas
Commission on Environmental Quality, and the State of Texas.
SECTION 3 The project funds and any project-funded equipment or facilities will
be used solely for the purposes for which they are intended under the Project.
1
SECTION 4. The activities of the city shall comply with and support the adopted
local and regional solid waste management plans adopted for the geographical area in which
the activities are performed.
SECTION 5. That this resolution shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the _ day of
, 2006
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY.W~
S:\Our Documents\Resolutions\06\TCEQ- NCTCOG Grant-SW-Resolution-2006.doc
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DRAFT
PUBLIC UTILITIES BOARD MINUTES
JANUARY 9,2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Presiding Chair of the Public Utilities Board convened into an Open Meeting on
Monday, January 9, 2006 at 9:40 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
PRESENT: John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell
Bob Bland (arrived a 9:48 a.m.)
ABSENT: Dick Smith
EX OFFICIO MEMBER:
Howard Martin
Chair, Charldean Newell, called the meeting to order at 9:00 a.m. to consider the following
items under the Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION:
8) Consider recommending approval of a Resolution of the City Council of the City of Denton,
Texas authorizing the filing of a project application with the North Central Texas Council of
Governments for a Regional Solid Waste Program - Local Implementation Project;
delegating and authorizing Shirlene Sitton, Recycling Manager of the City to act on behalf of
the City in those matters related to the application for Grant; authorizing Howard Martin,
Interim City Manager, or his designate, to act on behalf of the City in all other matters that
are related to the project application, pledging that if funding for this project is received the
City of Denton, Texas will comply with all project requirements of the North Central Texas
Council of Governments, the Texas Commission on Environmental Quality, and the State of
Texas; providing for an effective date.
Shirlene Sitton, Recycling Manager, stated that this application was for funding to help fund
equipment and supplies as well as educational and outreach materials for the public.
Board Member Bob Bland moved to approve with a second from Hopkins. The motion
was approved by a vote of 6-0.
EXHIBIT 3
AGENDA INFORMATION SHEET
AGENDA DATE: January 17,2005
DEPARTMENT: Utilities
CM:
Howard Martin, 349-8232
..
SUBJECT
Consider adoption of an ordinance approving an agreement between the City of Denton and
Rayzor Investments, Ltd. for the abandonment of a certain Public Utility Easement Recorded in
Volume 504, Page 456 of the Real Property Records of Denton County, Texas and Being in the
Asa Hickman Survey, Abstract No. 521; and providing an effective date thereof. (The Public
Utilities Board recommends approval 5-0.)
BACKGROUND
This easement abandonment is necessary as part of the Parvin Wastewater Main Phase One CIP
project. We are abandoning an existing sanitary sewer easement in exchange for a new sanitary
sewer easement. The new easement will allow construction of a replacement sewer line to
proceed, and also provide better connectivity to existing facilities in Roselawn and Parvin streets.
The easement areas are of equal value; there is no consideration required for the exchange, and
the abandonment has been approved by the Public Utility Board
OPTIONS
1. Recommend that the City Council approve the proposed agreement
2. Not recommend that the City Council approve the proposed agreement
3. Table for future consideration
RECOMMENDA TION
Recommend approval of the Easement Abandonment Agreement with Rayzor Investments Ltd.
ESTIMA TED SCHEDULE
Design for the Project has already been completed. Project mobilization is scheduled for early
2006.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
This item was presented to the Public Utilities Board at their January 9, 2006 regular meeting.
The Public Utilities Board recommends approval 5-0.
FISCAL INFORMATION
Not applicable
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Ordinance
3. Agreement
4. PUB Minutes
Prepared by:
Pamela England
Real Estate Specialist
Real Estate and Capital Support
R~espectfUllY~SUbmitted'
.. .
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. .. ..
.. ... . ..
.. .. .
. . .. .... .
::.. ."." .... . . :...... .
Jimmy D. Coulter
Director of W ater/W astewater
Water Administration
Rayzor Abandonment
Location Map
Not to Scale
Legend
Parcels
~ Centerline
-
EXHIBIT 1
ORDINANCE NO.
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND RAYZOR INVESTMENTS, LTD. FOR THE ABANDONMENT OF A CERTAIN
PUBLIC UTILITY EASEMENT RECORDED IN VOLUME 504, PAGE 456 OF THE REAL
PROPERTY RECORDS OF DENTON COUNTY, TEXAS AND BEING IN THE ASA
HICKMAN SURVEY, ABSTRACT NO. 521; AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF
DENTON; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Easement Abandonment Agreement between the City of Denton and
the Rayzor Investments, Ltd. in substantially the form of the agreement attached hereto and made
part of the ordinance for all purposes (the "Agreement") is hereby approved.
SECTION 2. The City Manager or his designee is hereby authorized to execute the
Agreement and any other documents necessary to complete the abandonment on behalf of the
City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN~Y ATTORNEY
BY:
EXHIBIT 2
~.
..' ..>
EASEMENT ABANDONMENT AGREEMENT
THIS AGREEMENT is entered. into effective as of the date set forth below by and between the
City of Denton, Texas, a home rule municipal corporation (the "City") and, Rayzor Investments, Ltd., (the
"Landowner").
WHEREAS, the City has requested the Landowner to agree to the abandonment of a Sanitary
Sewer Easement dated November 25, 1963 and recorded in the Real Property Records of Denton County
under Volume 504, Page 456, Exhibit "p.:' attached hereto and made a part hereof, referred to as the
"Existing Easement"; and grant the City a Sanitary Sewer Easement as described in Exhibit "13", and a
Temporary Construction Grading and Access Easement as described in Exhibit "C", attached hereto and
made a part hereof, referred to as the "Replacement Easement".
WHEREAS, the Landowner and the City agree that the Existing Easement land area and the
Replacement Easement land area are of equal value, therefore there is no consideration due to either party
fOT the contemplated land rights to be released by the City, or the contemplated land rights to be granted by
the Landowner;
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein the City
and the Landowner hereby agree as follows:
1. The City shall abandon the Existing Easement upon completion of the modification of the
existing City sanitary sewer facilities and the Replacement Easement Sanitary Sewer
facilities becoming fully operational (the "Work"). The City Manager, or his designee is
authorized to execute and deliver to Landowner a Quit Claim Deed for the abandonment of
the. Existing Easement upon the fulfi1hnent of the above conditions.
2. Rayzor hereby agrees to grant 10 City the Replacement Easement and allow access 10 the
property so that City can perform the Work.
3. City, at its sole cost and expense, shall perform the Work or cause the Work to be
performed as advantageously as possible in a good and workmanlike manner in
conformance with sound and acceptable engineering and construction activity practices. In
perfonning the Work or causing the Work to be performed, City shall at all times construct,
use, and operate the Existing Easement and the Replacement Easement activities in a safe
manner and in full compliance with all applicable federal, state, municipal, or other laws,
statutes, codes, restrictions, regulations, ordinances and orders. City agrees to be
expeditious regarding the Work and leave Landowner's property in equal or better
condition than it was prior to commencement of the Work.
4. The City Council of the City and the Landowner have duly authorized this Agreement and
the execution of same by the officers or agents who have signed below on their behalf.
In. Witness Whereof, this Agreement has been executed by the parties to be effective this the
, day of , 2005.
EXHIBIT 3
.
~
"
..
CITY OF DENTON
BY:
IIOWARD MARTIN. CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY A TORNEY
BY:
RAYZON INVESTMENTS, LTD.
BY:~~
Phillip B~ .
C:\Doouments and Settings'pgeng1an'My Documcnts\:ayzor Easelllent AbandomnentAgreemi:nt.doc
Page 2
\t"~i.
50!~
A.
EXHIBIT
PAGE 1 OF 3
STATE OP ~s
, }Q;'o;'; ALl. MEX BY T"tiESE PRE$E}I:PS,
CC~"1'i.!",,:: OF D~~OS'
T:~T I~ ~. N~~ton ~ayzor:of Denton County, T~xas~ for and
in c0n!lidrn:i'lt ion of ':>rl~ dnl.ll1J; (~1.1)Q.) ~nd '-'tb~r CNlY!O('J;H tiOllt-
~o us in hane ?~id by the City of. Denton. Texast a municipal
corporation~ the receipt of which is hereby acknowledged. do by
th~se presents grant and convey unto the said City ofDe~ton,
its succes~ors and assigns, a;sa~itary S~weraqe -E~sernent undar,
~~ and Q~.~e!: th~ r"'.1.oWihg described traet:.o.f l.unclt
BEGINNING at a point in a 113.015 acre tract
of !land out of the As~ Hickman Survey. Abstract
No. 521J as con\.'eye::r to J. Neo--:tC'r!'"< .~:: Y::::':rT by Dickson
P~op~rti~" an'} r~cord~d In \/oluln'J . ..'~, P~9r.!
501 of th~ Deed Records of Denton County,
Texa~;
:." i.1l N'ginninq P'loL'It b(!j"1g In NQrth p.operty
lir.o:. "1: said Ra}"zor113.0B 'acre tract, also
beinC' J, 784.3 'feet West of'the Northeast corner
~~ t;;~ ^ft~ H:lf;km~n ~.J~v~~ ~
."I'HE"".ciCE South. ''330281~\:',;..;'-e5t: a. cis-ta~;::~ 'Qf
feet to.a .p'oint .for. eorner~
THENCE South400l8' West, cross~ng out,of said,
Ravzor 113.015 acre tract in~o Rayi~r 126_~28
ac~e tract o~ iand.~cnveyed .to J~~ N~tori:Ray~cr.
by Rl'b~l't:. N.vj,ne ~yJ,Q..1H! "'''1t:;oli<1~(:f;:~n,vghlm\?'.
4S2, l"I9,"j:J4 et th,,'b,,;;d, Rectlf'tlll,of;:oi.hI:.6n
County,.'rexa$l, "at-g!io.s feet'.and {'.'-.vlog a,.
total dht3nee (If J,,:Ol~, 'I ,,,..t r.o' ~ 'fli;:inl; t.i1~
co!::ner at easement tfo.. 2., ..
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~'lCE:, South 12018' :East a distanc:!' of 382.5
feet to a. point for 'c:orner~
TEENCE Sou~~ 7056' Ea5~ a distance of 971.2
feet ~o a point for :corner in the South pro-
F{>rty line of c~{d F..ayzor 12G.G:!H llero tror.::t
and the north K.O_W. line of R05~lawn Read,
THENCE Zast wit." said co=oro prOp2rt::; line and
roadway a distance cf 10.18 feet to a point fo~
corner:
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THENCE North 7056' :~O'"t a distanco of 970.8
feet to a!point fer corner~
THENCE No~th 12018' East. a distance' .of 381. 1.
feet to a point for corner at easement No. 2~
THENCE North 40018' East crossing 0u~.of said
Ray%or 126.628 acre tract and into. said Ravzor
],13,OJ.5 "cre tract n t 23 fl;lot and hilvj,n\l " ~U"I.:"n""
of 1,009.0 fcc~ to a poiht for corner:
THENCE Notth JJo~P'East a distance. of 812.8 to
a point for corner in said Rayzor 113 ;015 aCre
tract North property liner
TrlENCE We~t with said Rayzor .North property
line a distance of 10.42 feet. to thO' place of..
pec;!~~ninQ"r
said easement containing 0.73 acres of l.;lnd. more' or lo~s.
5aid City of Dent';!", Texas, shall have the :dght of ingress
and ~'J1:c:Js ?II.: 1ll.1 tim"" 111'on t:hr. h"t"r.inabovo de6crilwd property
;
tor the .purpose of cc.nstructio", .. .,,,onstruetion, and perpctun lly
maintainIng tho sewbt Uno ~C> be cons.tr;',ctoc! therein.
. TO' HlWE l':.NDfo, HOLl) , the said preinises; t'ogether wi.th all and
si.ntjlL1dt' ~h6 rights; pr.iiJilQIJ8S. ami appu17tenanoe.ti thl,;:':;':'ctn .Ell ani'
~anner b~longin9 unto the said City of Denton; T~xas; its suecesso~s
and assigns:' so long' as .:he same 'shall be used for tho Tr"-lintenancc
of a 5anita;ysewe:t"~ge line.
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WITNlmg MYIT1IiiB:TIIIIl :'<S-{d~y
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STA'l'E OF TEXI'>S r
COUNTY OF DENTOl:>
Before mc, a N9tary Puhlic. in and -for Op.nton co~nty, ~~xaG,
on thiS day personally appenred J. He.".ton Rilyzor of Denton _,"tlty
Texas, known to me to be' the person Wh03C name i~ sub~c~ibcd
to the forogoing instrument, and he uclmowlcdgcd to 'mt'thnt he
execut~d the same for the purpose arid consideration &xpressed
therein.
'.::~G~~en
(lL-o c/-v .;u/ ~
under my.h~nd ar.d seal of office this~'~f!'ciay of
,A.D., 196_~
c:r
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~t~~-P'~lt/in :~ fo7- ~
Denton county; .Tcx<1S,'
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Exhibit B
; SANITARY SEWER EASEMENT
THE STATE OF TEXAS ~.
~
COUNTY OF DENTON ~
KNOW ALL MEN BY THESE PRESENTS:
THAT, Rayzor Investments,.Ltd., hereinafter called "Grantor," for and in consideration of the
sum of One Dollar and No Cents ($1.00) and other good and valuable consideration to Grantor in hand
paid by the CITY OF DENTON, TEXAS, hereinafter called "Grantee," the receipt and sufficiency of
which are hereby acknowledged, :does by these presents grant, bargain, sell and convey to the Grantee,
the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across certain
property, owned by Grantor arid situated in Denton COlll1ty, Texas, in the AS.A. Hickman Survey,
Abstract No. 521, Denton Couhty, Texas, and being more particularly described in Exhibit "A" and
I
illustrated in Exhibit '13" both of which are attached hereto and made a part hereof by reference as if
fully set forth herein (the "Easement Property").
And it is further agree~ that Grantee, in consideration of the benefits above set out, will have
the right to remove from the Easement Property, such fences, buildings and other obstructions as may
be upon said Easement PropertY :now or in the future; but only to the extent necessary to complete the
construction of the below descn"bed Sanitary Sewer Facilities and maintain same thereafter; provided,
however Grantee will take reasonable efforts as are necessary to minimize interference with and
removal of any of such items. !
The easement rights granted here in are for the purpose of constructing, reconstructing,
installing, repairing, and perpetually maintaining Sanitary Sewer Facilities in, along, upon and across
said Easement Property, with 'QIe right and privilege at all times of the Grantee herein, it or its agents,
employees, workmen and repteseritatives to bave ingress, egress, and regress in, along, upon and
across said Easement Property !for the purpose of making additions to, improvements on and repairs to
said Sanitary Sewer Facilities pr any part thereof. Grantor's overall property ofwbich the Easement
Property is a portion is referr~ to herein as the "Grantor's Property".
Grantor shall have no! obligation to construct or maintain the Sanitary Sewer Facilities but
reserves the right to, at Grantor's request and subject to applicable requirements and fees of the City of
Denton, connect Grantor's ptesent or future facilities and/or improvements located on Grantor's
Property into the Sanitary SeWer 'Facilities so that Sanitary Sewer service to any development on
Grantor's Property will be su~plied by the Sanitary Sewer Facilities. Grantor hereby further reserves
to itself, its successors and asSigns; all rights in and to the Easement Property and the right to use and
enjoy the surface and subsurfate thereof for any and all purposes whatsoever, so long as such use does
not unreasonably interfere with the rights herein granted to Grantee. Grantor specifically reserves the
right of passage over the Easpnent Property. Grantor RESERVES AND RETAINS THE RIGHTS
BY, TO AND FOR THE BENEFIT OF GRANTOR, ITS SUCCESSORS AND ASSIGNS to (i) use
the Easement Property for th~ location, construction, reconstruction, relocation and operation of such
pipelines, transmission lines, drainage lines and other facilities necessary or desired for the conduct of
I '
Grantor's development of the: Grantor's Property so long as Grantor's use of such groundspace does
not unreasonably interfere with'the rights herein granted to Grantee, and (ii) construct or place fences,
pavement and landscaping on or adjacent to the Easement Property so long as same does not
I
1
;
I ,
unreasonably interfere with the rights' herein granted to Grantee, and specifically including the right to
place paved driveways and acces~ :areas over the Easement Property.
I .
I.
The grant of easement rights hereunder is made subject to any of the following as they relate to
the Easement Property: (i) any and all restrictions, covenants, easements, tenancies and other
encumbrances of whatsoever nature, except for liens and (ii) aU zoning laws, regulations and
ordinances of municipal and otbbr governmental authorities. The easement for the Easement Property
as provided for herein is madelon an "AS IS" basis, and Grantee expressly acknowledges that, in
consideration of the agreements of Grantor herein, Grantor MAKES NO WARRANTY OR
REPRESENTATION, EXPRESSi OR IMPliED, OR ARISING BY OPERATION OF LAW.
I
TO HA VB AND TO HOLD unto the said City of Denton Texas as aforesaid for the purposes
aforesaid the premises above de~cribed.
Witness my hand this .ly of December, 2005.
Rayzor Investments, Ltd.,
a Texas Limited partnenhip
I
By: The Rayzor Company,i A Texas
Corporation, its generM partner
By:
Philip A. Baket~ Vice President
ACKNOWLEDGEMENT
THE STATE OF TEXAS ~i
~,
COUNTY OF DENTON ~ '
This instrument was acknOWle~edbefore me on this the day of December, 2005 by Philip
I
A. Baker, Vice President of The Rayzor Company, a Texas corporation, as general partner ofRayzor
Investments, Ltd., a Texas limited partnership, on behalf of said limited partnership.
Notary Public- State of Texas
Accepted this _ day of
073).
2005 for the City of Denton, Texas (Resolution No. 91-
BY:
Paul Williamson, Manager
City of Denton
Real Estate and Capital Support
2
RETURN TO:
City of Denton
Real Estaie and Capital Support
601 East HickOry Street, Suite B
I .
Denton, 1je~as 76205
3
I:
EXHIBIT "A"
Page lof2
!23 Seconds West, a distance of 400.88 feet to a 1/2 inch iron rod set with a .
surVeying Company" for comer; .
~ i
I :
South 42 degrees 50 min36 k:conds West, a distance of 349.85 feet to a 1/2 inch iron rod set with a
yellow cap stamped "Artb ~~eying COmpany" for comer; .
I .
South 42 degrees 32 minutes;23 seConds West, a distance of 484.81 feet to a 112 inch iron rod set with a
yellow cap stamped "Arthut ;3-urveying Company" for comer; .
South 38 degrees 29 min .1 : 45 ~econds West, a distmce of261.68 feet to a 1/2 inch iron rod set with a
yellow cap stamped "Arthur surVeying Company" for comer;
II i
South 16 degrees 25 minut&,.36 boos West, a distance of363.00 feet to a 1/2 inch iron rod setwi1h a
yellow cap stamped "Arthut furteying Company" for comer; . .
South 14 degrees 04 minmW 08 seconds East. a distance of 407.76 feet to a 112 inch iron rod set with a
yellow cap stamped "Arthu'r ~urveying Company" for comer; . .
South 06 degrees 51 minutU 20~econds West, a distance of 527.56 feet to a 1/2 inch iron rod set with a
yellow cap stamped n Arthtlr ~~ying Company" in the north line of Rose lawn Drive said point being
North 12 degrees 33 minutb: 13 ~ecoDds East. a distance of50.01 feet ftomthe center ofan existing
sanitary sewer manhole; j .
TIiENCE North 89 de 28 minutes 00 secoilCis West, with the north line of said Roselawn Drive. a
distanceof20.12 feet to a 12 inCh iron rod set with a yellow cap stamped "Arthur Surveying Company" for.
comer; ~
THENCE over and across I'd Itayzor fuvestments Ltd. tract, the following courses and distances:
North 06 degrees 51 min~ 20lseconds East. a distance of 526_08 feet to a 1/2 inch iron rod set with a
.yellow cap stamped. n ArtbJr s~g Company" for comer; . .
~~
EXHIBIT "A"
Page 2 of2
North 14 degrees 04 minute 08 seconds West. a distance of 409.51 feet to a 1/2 inch iron rod set with a .
yellow cap stamped "Arthurj Surveymg Company" for corner; . .
North 16 degrees 25 minutJ 36 s~nds East, a distance of341.75 feet to a 1/2 inch ironrodsetwitb a
yellow cap stamped "Arthurj~eying Company" for comer;
North 62 degrees 45 minuJ 01 s'econds West, a distance of 134.25 feet to a 1/2 inch iron rod set with a
yellow cap stamped "ArtbJmI Surv~g Company" for comer; .
North 27 degrees 14 min ?9 s:econds East. a distance of 50.00 feet to a 1/2 inch iron rod set with a
yellow cap stamped "Arth1 Surveying Company" for comer;
South 62 degrees 45 minuteS b 1 seconds East. a distance of 132.47 feet to a 1/2 inch iron rod set with a
yellow cap stamped" Arth1 Surveying Company" for comer; .
North 38 degrees 29 minutes~5 ~econdsEast, a distance of245.96 feet to a 1/2 inch iron rod set with a .
yellow cap stamped "Arth~.surv:eyingcompany" for comer; ... .
North 42 degrees 32 minut~ :23 ~econds East, a distance of 485.57 feet to a 1/2 inch iron rod setwitba
yellow cap stamped "Arthut SurVeying Company" for comer; .
North 42 degrees 50 minutJs !36 seconds East, a distanCe of 350.45 feet to a 1/2 inch iron rod set with a
yellow cap stamped ".Arthuf surVeying Company" for comer; . .
North 45 degrees 58 minutJsi23 kconds East. a distance of397.35 feetlo a 1/2 inch iron rod set with a
yellow cap stamped ...Arth1{ SurVeying Company" for comer;
North 22 degrees 52 minuJs57 leconds East, a distance 0006.50 feetlo a 1/2 inch iron rod set with a .
yellow cap stamped "Artbj ~urVeying Company" in the south line of said Taylor Park Subdivision; ..
South 88 degrees 38 min sl25 seconds E8st, with the south line of said Taylor Park Subdivision. a .
distance of21.49 feet to thJ poiNT OF BEGINNING and containing 1.580 acres of land more or less.
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EXHIBIT "B"
Drima,. Arw
Vet Z pg. 776
P'Q8.-20' Sdnitory Sewer Easement
P. as. - Temp. I qon~tructiOl1 Easement
. 1
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20' s. NITARr
SEWER ASEMENT
1.58 'ACRES
i N42S0'36"E
I 350.45'
N27i4'59"Ei
50.00'
N62'45'O'''W
134.25'
N16'2s'36"E
341.75'
NI4'04'OS"W
409.5"
~~
\~.
\
'1
I
I~
I~~
Giili
I~
N06S' '20"E
- - - - -.
45"58'23"W
400.88'
S42S0'36"W
349.85'
3D' TEMPORARY CONSTRUCTJON
EASEMENT
2.145 ACRES
S16'25'J6"W
363.00'
s
514'04'08"E
407.76'
NOTe
1. ALL CORNERS OF SANITARY ~ EASOIENT ARC iJONlJJIEN7(tJ
tJf7H A 112" IRON ROO SET Wf1H l'RLOW CAP STAJtPED
llR1HUR SUR\oEl1NG COI/PANY.
2. (e.M.) - CON7RatlNG MCNIJIIENT
S06"51 '20.W
527.56'
EXHIBIT'
SANITARY
SEWER EASEMENT
ExIn'bit C
TEMPORARY CiNSTRUCTION GRADING & ACCESS EASEMENT
THE STATE OF TEXAS fi'
fi KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON ~
THAT, Rayzor Investments, Ltd., hereinafter called "Grantor," for and in consideration of the
sum of One DoUar and No Cent~ (S1'.ol) and other good and valuable consideration of Grantor in hand
paid by the CITY OF DENTON,. TEXAS, hereinafter called "Grantee," the receipt and sufficiency of
which are hereby acknowledge~ ~oes by these presents grant, bargain, sell and convey to the Grantee,
the free and uninterrupted use, 1iberty and privilege of the passage in, along, upon and across certain
property, owned by Grantor an~i situated in Denton County, Texas, in the AS.A Hickman Survey,
Abstract No. 521 Denton Couhiy, Texas, and being more particularly described and illustrated in
Exhibit "A" which is attached htdeto, and made a part hereof by reference as iffully set forth herein.
And it is further agreed lat ~e City of Denton, Texas in consideration of the benefits above set
out, will remove from the prop~ above descobed, such fences, buildings and other obstructions as
may now be found upon said ~operty. For the purpose of construction, grading, and access upon and
across said premises, with the hght and privilege at all times of the grantee herein, his or its agents,
employees, workmen and reprd:entatives having ingress, egress, and regress in, along, upon and across
said premises for the purpos~ of tonStruction, grading and access or any part thereof. The terms of this
grant shall expire six (6) mon:t1J; rrom the execution date hereof.
Prior to expiration of the easelent desco'bed herein the City shall remove all debris, surplus material,
and construction equipment ftor Grantor's property.
TO HA VB AND TO JOLD unto the said City of Denton Texas as aforesaid for the pmposes
aforesaid the premises above dbScribed.
Witness my hand this I ! day of December 2005.
. !
Rayzor Investments, Ltd., a Texas
Limited partnership .,
By: The Rayzor Company,'A Texas
::~.ndon. ~ gent partner
Philip A. Ba~r, V~ce President
..
ACKNOWLEDGEMENT
THE STATE OF TEXAS fi
i
COUNTY OF DENTON fi
,
This instrument was acknowle ed before me on this the _ day of December, 2005 by Philip A.
Baker, Vice President of The ~yzor Company, a Texas corporation, as general partner of Rayzor
Investments, Ltd., a Texas limite,(l. partnership, on behalf of said limited partnership.
j j
Notary Public- State of Texas
Accepted this _ day of ;,
073).
2005 for the City of Denton, Texas (Resolution No. 91-
I'
BY:
Paul Williamson, Manager
City of Denton
Real Estate and Capital Support
RETURN TO:
city of Denton
Real Estate and Capital Suppor;t
601 East Hickory Street, Suite B
I
Denton, Texas 76205 I .
/
'.
, I
I.
EXIllBIT "A"
Page 1 of2
i
. t30I' ryMPORARY C~~CTION EASEMENT
S. AtmCKMAN SURVEY~ABSTRA. CT. NO. 52l. . . .. "
i" i CITY OF DENTON "
" i " DENTONCOUNTY,TEXAS "
i
BEING a tract ofland situated in "the A.S.A. Hickman: Survey, AbstraCt No. 521 DentOn County, Texas; and
being a part ofa tract oflantl described by deed to Rayzor Investments Ud. as recorded in Volume 1701,
Page 601 of the Real ~ ~cords of Denton County, Texas. and being more particularly descnDed as
follows: j Ii: "
BEGINNING at a 112 inch JI'On rOd set with a yellow cap stamped "Arthur Surveying Company" in the
south line afthe Taylor Park Submvision, an addition to the City of Denton as recorded in Volume 2, Page
116 of the Plat Records ofDentoD. County~ Texas, and being South 14 degrees 03 minutes 40 seconds West,
a distance of32.61 feet:fro.Ih the Center of an existing sanitary sewer manhole and being South 88 degrees
38 minirtes25 seconds west, a distance of 187.53 feet from a 112 inch iron rod found in the east line of
McCormick Street; I". " ""
TIIENCE South 88 degreeJJ8 Jrnutes25 seconds East. with the south line ofsaid Taylor Park " ". "
Subdivision, a distance of 32a4 feet to a 1/2 inch iron rod set with a yellow cap stamped "Arthur Surveying
" Company" for comer; "j i! " .
tHENCE over and across Jd ~ Investments Ltd. tract. the following courses and distances: .
South22 degrees 52 minJ!57 Seconds West, a distance of336.40 feet to a 112 inch mmrodsetwith a
" yellow cap stamped "Arthut- surVeying Company" foreomer;." " ""
" South 45 degrees 58 minl:231econds West, a distance of 406.19 feet to a 1/2 inch iron rod set with a
yellow cap stamped n Arthut- swireymg Company" for comer; "
II. .
South 42 degrees 50 minmys.36 kC?ndS west, a distance of348.95 feet to a 1/2 inch iron rod set with a "
yellow cap stamped "Arthur ~urveymg Company" for comer; " " "
Ii"
South 42 degrees 32 minutes: 23 seconds y/est, a distance of 483.67 feetto a 1/2 inch irOn rod set with a
yellow cap stamped "Arthtfr SurVeying Company" for comer; "" "
South 38 degrees 29 minutb 45 ~econds West, a distance of254.78 feetto a 1/2 inch iron rod set with a
yellow cap stamped "Arthdr surireying Company" for comer; " "
II I "
South 16 degrees 25 minutbJ 36 bnds West, a distance of348.98 feet to a 1/2 inch iron rod set with a
yellow cap stamped n ArthJr :Surv-eying Company" for corner; "
South 14 degrees 04 minutU 08 ~ndsEast. adistance of405.12 feet to a 112 inch iron rod set with a
yellow cap stamped" Arthtir surVeying Company" for comer; " "
South 06 de~ 51 min120 :seconds West. a distance of 529.77 feet to a 1/2 inch iron rod set with a
yellow cop _,d .~~~ Compony" In tho nnrthllne nfRDs.1awn Drive;
I I "
Ii. :
THENCE North 89 de 28 thinutes 00 seconds West, with 1he north line of saidRose1awD. Drive, a
distance of30.l8 feetto a h m.ch iron rod set with a yellow cap stamped tlArth. ur Surveying Coinpany" for
" Comer and being North 12 degrees 33 minutes 13 seconds East, a distance of 50.0 1 feet ftom the center of
an existing sanitary sewer m3nhole; " " " "
I
I
I
!
EXItIBIT "A"
I _2~
I
I I
THENCE over and across s' d Riyzor Investments Ltd. tract, the following courses and distances:
North 06 degrees 51 minut s!~o ~ds East. a distance of527.56 feet to a 1/2 inch iron
rod set with a yellow cap mlmped "Arthur Surveying Company" for comer;
North 14 degrees 04 minJ ~8 seconds West. a distance of407.76 feet to a 1/2 inch iron rod set with a
yellow cap stamped "Arthurl Surveying Company" for comer; .
II :
North 16 degre~ 25 minutes ~6 ~econds East, a distance of363.00 feet to a 1/2 inch iron rod set with a
yellow cap stamped "Arthj ~~I . g Company" for comer;
I '
North 38 degrees 29 min s ~S Jeconds East. a distance of261.68 feet to a 1/2 inch iron rod set with a
yellow cap stamped "Arthut surVeying Company" for comer;
North 42 degrees 32 ~j23 Seconds East, ill distance of 484.81 feet to a 1/2 inch iron rod set with a
yellow cap stamped "Arthut SurVeying Company" for comer; . .'.
North 42 degrees 50 minu.1 136 ~econds East. a distance of349.85 feetto a 1/2 inch iron rod set with a .
. yellow cap stamped "Arth:f ~Ul"'feying Company" for comer; .
North 4S degrees 58 min~ 23~econds ~ a distance of 400.88 feet to a 1/2 inch iron rod set with a .
yellow cap stamped "Arthut surVeying Company" for comer; .
North 22 degrees 52minutU 57 seconds East. a distance of318.47 feet to the POINT OF BEGINNING'
and containing 2.145 acres10f land more or less. . ..' .
6~
,
I- i
Ii:
I I I
10 Son~ Sntr_t
I Vd'1504, Pg. 456
I
i
P.OJJ.: S88"JB'25"C
187.53* FROU 1/2"
lfl,F; (C.Il)
'..
,'EXHIBIT "B" ~hea'
~a Pg.trfJ
I
, P'Q8.-20' SJtiita,y Sewer Easement
P.Q8.-Temp.1 Con~lnJction 'Easement
'20' SANITARY
SEWER EASEMENT
1.580 ACRES
N4L-0:J'6"E
jSO.45'
,
S45"S8'23"W
400.88'
S42"S0'36"W
349.85'
30' TEMPORARY CONSTRUCTION
EASEMENT
2.145 ACRES
N27i4'59"Ei
50.00'
NI6"25'36"E
341.75'
SI6"2S'36"W
, 363.00'
514"04 '08"[
407. 76'
NI4"04'OS"W
409.51'
NOTES:
1. 'ALL C!XlNERS OF SAMTARY SDal' CASEJIENT ARE MONUMENTED
I1I7H A 1/2" fRON ROD SET IW1H lfUOW C4P STAMPED
ARTHUR 5VR~ CCWANY., .
2. (c.u.) .;. CON1ROWN(J IIONtJJmIT
NOBSl '20"E
en,"" ',..",
S06"S1'20"W
527.56'
EXHIBIT,.
SANITARY'
SEWER 'EASEMENT,
DRAFT
PUBLIC UTILITIES BOARD
JANUARY 9,2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Presiding Chair of the Public Utilities Board convened into an Open Meeting on
Monday, January 9, 2006 at 9:40 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
PRESENT: John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell
Bob Bland (arrived a 9:48 a.m.)
ABSENT: Dick Smith
EX OFFICIO MEMBER:
Howard Martin
Chair, Charldean Newell, called the meeting to order at 9:00 a.m. to consider the following
items under the Consent Agenda.
The Public Utilities Board has received background information, staff s recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration. Detailed
information is attached to each Consent Agenda item.
CONSENT AGENDA:
Listed below are bids, purchase orders or other matters to be brought before the Public Utilities
Board to be considered and approved for payment or other action under Consent Agenda Items 1
through 6 inclusive. Detailed information is attached to each Consent Agenda item. This listing
is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or
withdraw an item prior to approval of the Consent Agenda. If the item is pulled from
consideration for separate discussion, prior to its consideration, such item will be considered as
the first item(s) taken up under the "Items For Individual Consideration" section of the agenda,
set forth below. The remaining Consent Agenda Items will be approved with one motion, a
second, and by a majority vote of the Public Utilities Board Members who are present.
1) Consider recommending approval of an Agreement between the City of Denton and Rayzor
Investments, Ltd. for the abandonment of a certain public utility easement recorded in
Volume 504, Page 456 of the Real Property Records of Denton County, Texas and being in
the Asa Hickman Survey, Abstract No. 521.
2) Consider recommending approval of an Underground Pipeline Easement Agreement granting
such easement to NGG Gathering Company, LLC, which easement is located in an
approximate 85-acre tract of land owned by the City of Denton and located in the G. Walker
Survey, Abstract No. 1330 consisting of an approximate 2.14 acre parcel ofland, and a 0.93
acre parcel out of the Municipal Utility Addition owned by the City of Denton situated in the
Mary Austin Survey, Abstract Number 4, filed of record in Cabinet "G", Page "346" Plat
Records, Denton County.
3) Consider recommending approval of a Surface Site Easement Agreement granting such
easement to NGG Gathering Company, LLC, which easement is located in an approximate
EXHIBIT 3
Public Utilities Board Agenda
January 9, 2006
Page 2
245 acre tract ofland owned by the City of Denton and located in the G. Walker Survey,
Abstract No. 1330, consisting of 4.378 acres parcel ofland and a 0.344 acre parcel ofland.
4) Consider recommending approval of the unit prices in Bid # 3433 and awarding a two-year
agreement for the purchase of decorative streetlight fixtures to Hadco Lighting, 100
Craftway, P.O. Box 128, Littlestown, Pennsylvania, in the estimated annual expenditure
amount of $89,250.
Consent Agenda Items 5 and 6 were pulled from the Consent Agenda. Board Member Phil
Gallivan moved to approve Consent Agenda Items #1 through #4 with a second from
Board Member John Baines. The motion was approved by a vote of 5-0.
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2006
CM:
Electric Utilities
Howard Martin, 349-8232 ..
DEPARTMENT:
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing
the City Manager to execute a professional services agreement with R. 1. Covington Consulting,
LLC for consulting services relating to task order No.06-A; providing for services before the
Public Utilities Commission of Texas, including, without limitation, compliance issues,
protection of Denton Municipal Electric's interests and the interests of its ratepayers,
implementation of the nodal market design, issues related to monitoring the new market, market
power issues, resource adequacy in the nodal market, and other issues affecting DME's conduct
of its business; authorizing the expenditure of funds therefore; and providing an effective
date.(The Public Utilities Board recommends approval 6-0.)
BACKGROUND
The PUC initiated redesign of the ERCOT electric wholesale market is continuing to move
forward. Over the past year, DME, with the support of R. 1. Covington Consulting, LLC, has
participated in a number of activities related to this effort. These activities include:
. Participation in the completion of the ERCOT stakeholder design process for the
proposed nodal protocols
. Aggressive lobbying during the 2005 Texas Legislative Session
. Participation in the Committee of Concerned Loads coalition, which made a proposal to
the PUC for an alternative to the proposed nodal design
. Participation in the ongoing formal PUC contested hearing review of the nodal design
protocols presented by ERCOT, including sponsoring testimony of two witnesses
Although DME and many others have worked constantly to prevent the implementation of a
nodal electric wholesale system design in Texas, those efforts have been to no avail. Despite lip
service to the contrary, it is apparent that, for reasons that are essentially politically driven,
implementation of a nodal system design was preordained from the beginning of the market
design discussion. All efforts to point out problems with the use of nodal design in other areas of
the US and the world and to offer alternatives for solving the problems with the existing ERCOT
market design have fallen on deaf ears. Faced with an ERCOT software system that, as a result
of its much too rapid design and implementation, is in dire need of replacement, the probability
that the PUC will throw out two plus years of work and start over now is essentially zero. Faced
with intense lobbying from wealthy and well-connected companies, it is equally unlikely that the
Texas Legislature will step in and stop the implementation of a nodal design in Texas. A legal
challenge, alleging lack of due process by the PUC, could be made but that process will be long,
expensive, and difficult to prove. Unless an injunction could be obtained to stop work on
development of nodal software by ERCOT during legal challenges, by the time final court
action, including appeals, is taken millions of dollars will have been spent on the new system.
The likely outcome of a successful legal challenge is that the Texas Legislature will step in and
order implementation of the new system, just as they did when the postage stamp transmission
PUB Agenda Information Sheet -RJ Covington
January 9, 2006
Page 2 of3
rate design implemented by the PUC was successfully challenged. It is DME's assessment that
nothing short of a California style economic meltdown in an area using the nodal system will
impact its implementation in Texas. Consequently, DME has shifted the majority of its efforts
towards attempting to make adjustments in the proposed nodal design that will mitigate its
negative impact on DME's customers and preparing itself to function in a nodal market.
At this point in time, the PUC has completed taking formal testimony in the contested case
docket that it set up as the final review of the nodal design and protocols filed by ERCOT. From
the inception of the docket, the PUC has made it clear that it intends to implement the filed
ERCOT protocols largely in tact. The PUC limited the areas of the design it would accept
testimony on to a few areas in which the Commissioners indicated they were not totally certain
the approach filed by ERCOT was appropriate. However, the requirements the Commissioners
set for making alternative proposals in these limited areas were so onerous that they have an easy
way to ignore proposals, unless the proposals are what they already have their mind made up that
they want to consider. DME's testimony in this docket focused on two areas, both of which
were within the guidelines set by the Commission. The first area was requesting that the
transmission Congestion Revenue Rights (CRRs) in the nodal market be allocated to load
serving entities (municipal utilities, cooperatives, and Retail Energy Providers) rather than
auctioned off to the highest bidder, as proposed in the filed ERCOT protocols. DME's expert
witness, Dr. Frank Wolak, an economist from Standford, explained why this change was
necessary and outlined a methodology for performing the allocation. The second area of focus,
supported by Bill Starnes of the Covington staff, advocated that load zone changes be limited
and requires PUC review and approval. DME also provided rebuttal testimony against proposals
made by others that additional charges should be directly allocated to load zones rather than
being uplifted across all of ERCOT, as proposed by the filed ERCOT protocols. Briefs on the
issues are due to the Commission on January 13,2006.
In addition to the protocol review docket, the PUC has set up other dockets for consideration of
market monitoring structures, market power issues, and development of methods to assure
someone continues to build generation in Texas (resource adequacy). All of these issues will be
important to DME's customers and should be at least monitored, with the potential need to
actively participate in the workshops and hearings.
ERCOT has already begun the process of choosing a software vendor and developing the
software to implement the approved market design. There is stakeholder oversight of this
process. Some level of monitoring of and participation in the stakeholder monitoring process is
important. During the first wholesale market implementation effort, fundamental changes were
made to the market design in the name of software requirements/limitations. Given the
complexity of nodal market software, there will be a significant opportunity to "tweak" the
software in ways that will advantage some market participants and disadvantage others. The
large players will have staff members heavily involved in every detail of this process, taking
every opportunity to make changes that are to their advantage. While small players like DME
have no hope of becoming fully engaged in this process, which will rapidly evolve to almost
daily meetings in Austin, DME must at least make an effort to monitor key areas of the process.
As has continued to be the case throughout this process, all of these activities will take place in
Austin, making the use of Covington staff, located in Austin, the most effective way to
participate. In addition, with the resignation of John Rainey, the only person left on the DME
PUB Agenda Information Sheet -RJ Covington
January 9, 2006
Page 3 of3
staff to manage this effort is the Director. It is not possible for her to remain constantly engaged
in this process and perform her other duties.
In the past, Garland Power and Light and DME have split the majority of the costs of utilizing
Covington staff support on these issues. Recently, Garland has chosen to continue on the path of
opposition to implementation of a nodal market design. In addition, Garland's operational
interests and DME's are diverging because DME utilizes both wholesale market generation
resources and Gibbons Creek generation while Garland, given its much larger size, continues to
operate as their own Qualifying Scheduling Entity (QSE), largely utilizing their own generators
to supplement their Gibbons Creek energy. While Garland and DME will continue to work
together as much as possible, it is likely that DME will have to pay for a significantly larger
portion of the cost of the Covington firm's support in the future.
OPTIONS
1. Approve Task Orders 06-A and 06-B with R. 1. Covington Consulting, LLC.
2. Cease participation in the market design process.
RECOMMENDA TIONS
DME recommends approval of Task Orders 06-A and 06-B with R. 1. Covington Consulting,
LLC.
PRIOR ACTIONIREVIEW (Council, Boards, Commission)
This item was presented to the Public Utilities Board at their January 9, 2006 regular meeting.
The Public Utilities Board recommends approval 6-0.
FISCAL INFORMATION
The cost of the Task orders will not exceed $100,000 each.
EXHIBITS
1. Ordinance
2. Contract and Task Order 06-A
3. PUB Minutes
Respectfully submitted:
*Il:.~
Sharon Mays
Director of Electric Utilities
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH R. 1. COVINGTON CONSULTING, LLC FOR CONSULTING
SERVICES RELATING TO TASK ORDER NO. 06-A; PROVIDING FOR SERVICES
BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS, INCLUDING, WITHOUT
LIMITATION, COMPLIANCE ISSUES, PROTECTION OF DENTON MUNICIPAL
ELECTRIC'S INTERESTS AND THE INTERESTS OF ITS RATEPAYERS,
IMPLEMENTATION OF THE NODAL MARKET DESIGN, ISSUES RELATED TO
MONITORING THE NEW MARKET, MARKET POWER ISSUES, RESOURCE
ADEQUACY IN THE NODAL MARKET, AND OTHER ISSUES AFFECTING DME'S
CONDUCT OF ITS BUSINESS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to continue to engage the
firm of R. 1. Covington Consulting, LLC of Austin, Texas ("Covington"), to provide further
professional consulting services to the City relating to Task Order No. 06-A; which includes,
without limitation, services before the Public Utilities Board of Texas ("PUCT") including,
without limitation, compliance issues, protection of Denton Municipal Electric's ("DME")
interests and the interests of its ratepayers, implementation of the nodal market design, issues
related to monitoring the new market, market power issues, resource adequacy in the nodal
market, as well as other issues that affect the conduct of the DME business; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-described specialized professional services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
and
WHEREAS, Covington has represented DME continuously and ably over the last nine
(9) years, and has proven to be a valuable, reliable, affordable, and competent professional
resource that has expertise in, and is well-acquainted with the electric operations as well as the
financial and regulatory framework of Denton Municipal Electric ("DME"), as well as its
relations with the PUC and ERCOT. Covington's operations are located in Austin, Texas.
Covington and his staff are particularly familiar with the characteristics, operations, and present
rate structure ofDME: and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement; NOW, THEREFORE,
1
EXHIBIT 1
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1: That the City Manager is hereby authorized to execute a Professional
Services Agreement with R. 1. Covington Consulting, LLC of Austin, Texas, for professional
consulting services relating to Task Order No. 06-A, to the City and to Denton Municipal
Electric, in an amount of not to exceed $100,000; in substantially the form of the Professional
Services Agreement that is attached hereto and incorporated herewith by reference as Exhibit
"A."
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of Covington and the ability of
Covington to perform the professional services needed by the City for a fair and reasonable
pnce.
SECTION 3: That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
WLWJff1J
By:
S:IOur DocumentslOrdinancesl061R J Covington Consulting LLC-DME-Ord Aprv TO 06-A - 2006.do
2
STA TE OF TEXAS
~
~
~
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES
PERTAINING TO DENTON MUNICIPAL ELECTRIC
THIS AGREEMENT is made and entered into on the day of , 2006,
by and between the City of Denton, Texas, a Municipal Corporation, with its principal office at 215
East McKinney Street, Denton, Texas 76201 ("CITY"); and R. 1. COVINGTON CONSULTING,
LLC, a Texas Limited Liability Corporation, with its principal office at 11044 Research Boulevard,
Suite A-325, Austin, Texas 78759, hereafter "COVINGTON'; acting herein by and through their
duly authorized representatives.
WITNESSETH, that in consideration of the covenants, promises and agreements herein
contained, the CITY and COVINGTON do hereby AGREE as follows:
ARTTC:LE T
EMPLOYMENT OF CONSULTANT
The CITY hereby contracts with COVINGTON, as an independent contractor, and
COVINGTON hereby agrees to perform the services herein in connection with the Scope of
Services as stated in the Articles to follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of Texas.
A R TTC:T ,E TT
SCOPE OF SERVICES
A. COVINGTON shall provide to the CITY professional consulting services pertaInIng to
assisting Denton Municipal Electric ("DME") in addressing issues associated with the Public
Utilities Commission of Texas ("PUCT") regarding regulatory support ofDME, including attending
workshops and hearings at the PUCT, analyzing proposed rules and policies, preparation of
comments, as well as industry monitoring and evaluation. This matter involves issues that will
affect how DME conducts its business. The PUCT is currently addressing issues related to the
implementation of the nodal market design, issues related to monitoring the new market, market
power issues, and resource adequacy in the nodal market. COVINGTON will work with DME staff
to develop and present the DME position on these issues effectively. COVINGTON agrees to
perform those services and tasks more particularly and specifically described in Task Order No. 06-
A attached hereto and incorporated herewith by reference.
B. To consult with the City Manager, Assistant City Manager/Utilities, the Director of Electric
Utilities, the Utility Attorney, and any other designated administrative personnel regarding any and
all aspects of the services to be performed pursuant to this Agreement.
1
ARTTC:LE TTT
PERIOD OF SERVICE
This Agreement shall become effective on the date this Agreement is approved and upon the
issuance of a notice to proceed by Denton Municipal Electric ("DME"). The termination date of this
Agreement shall be upon the earliest to occur of the following events: completion of the work
described herein and in the attached Task Order No. 06-A; or upon the depletion and exhaustion of
the $100,000 not-to-exceed amount provided for herein; or upon fifteen (15) day's written notice to
terminate, issued by the Director of Electric Utilities, DME. This Agreement may be sooner
terminated in accordance with the provisions hereof. Time is of the essence in this Agreement.
COVINGTON shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule established by the CITY, acting through its
Director of Electric Utilities.
ARTTC:LE TV
COMPENSATION
A. COMPENSATION TERMS:
"Direct Non-Labor Expense" is defined as that expense for any assignment incurred hereunder
by COVINGTON for supplies, long-distance telephone, telecopier, reproduction expense,
overnight courier, photocopy expense, transportation, travel, communications, subsistence and
lodging away from home and similar incidental expenses reasonably incurred in connection
with that assignment.
B. BILLING AND PAYMENT:
1. For and in consideration of the professional services to be performed by COVINGTON
herein, the CITY agrees to pay COVINGTON, a total fee, including reimbursement for direct
non-labor expense, not to exceed $100,000 for those services described in Task Order No. 06-
A.
2. The fee for the services described in this Agreement to be performed by COVINGTON
are to be billed the rates as set forth in Exhibit "A" attached hereto and incorporated herewith
by reference. Billing shall be reported in minimum one-quarter (1/4) hour increments.
3. Payments to COVINGTON will be made by the CITY on the basis of detailed monthly
statements rendered to the CITY through its Director of Electric Utilities. The fee bills as
submitted, shall be allowed and approved by the Director of Electric Utilities. However,
under no circumstances shall any monthly statement for services exceed the value of the work
performed at the time a statement is rendered.
4. Nothing contained in this Article shall require the CITY to pay for any work which is
unsatisfactory as reasonably determined by the City Manager or the Director of Electric
Utilities, or which is not submitted in compliance with the terms of this Agreement. The City
shall not be required to make any payments to COVINGTON when COVINGTON is in
default under this Agreement.
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5. It is specifically understood and agreed that COVINGTON shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments
by the CITY for any charge, expense or reimbursement above the maximum not-to-exceed
fee as stated, without first having obtained written authorization from the CITY.
C. PAYMENT
If the CITY fails to make payments due COVINGTON for services and expenses within forty
(40) days after receipt of COVINGTON'S undisputed statement thereof, the amounts due
COVINGTON will be increased by the rate of one percent (1 %) per month from the said forty
(40th) day, and in addition, COVINGTON may, after giving ten (10) days' written notice to
the CITY, suspend services under this Agreement until COVINGTON has been paid in full all
amounts due for services, expenses and charges provided. However, nothing herein shall
require the CITY to pay the late charge of one percent (1 %) set forth herein if the CITY
reasonably determines that the work of COVINGTON is unsatisfactory, in accordance with
this Article IV, Compensation, and the CITY notifies COVINGTON in writing of any such
defect.
ARTTC:T,E V
OBSERVATION AND REVIEW OF THE WORK
COVINGTON will exercise reasonable care and due diligence in discovering and promptly
reporting to the CITY any defects or deficiencies in his work or the work of any sub consultants
performed hereunder.
A R TTC:T ,E VI
OWNERSHIP OF DOCUMENTS
All documents, analyses and other data prepared by COVINGTON under this Agreement ("Work
Products") are instruments of service and are and shall remain the property of CITY. COVINGTON
shall have the right to make and retain copies and use all Work Products; provided, however, the use
shall be limited to the intended use for which the services and Work Products are provided under this
Agreement. COVINGTON may use and may copyright certain non-sensitive Work Products as
property of COVINGTON; provided that prior written approval is obtained from CITY, whose
approval shall not be unreasonably withheld, and providing that copywriting will not restrict
CITY'S right to retain or make copies of the Work Products for its information, reference and use on
the Project or services under the Agreement.
The Work Products shall not be changed or used for purposes other than those set forth in this
Agreement without the prior written approval of COVINGTON. If CITY releases the Work
Products to a third party without COVINGTON'S prior written consent, or changes or uses the
Work Products other than as intended hereunder, CITY does so at its sole risk and discretion and
COVINGTON shall not be liable for any claims or damages resulting from or connected with the
rel ease or any third party's use of the Work Products.
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A R TTC:I ,E VII
INDEPENDENT CONTRACTOR
COVINGTON shall provide services to the CITY as an independent contractor, not as an
employee of the CITY. COVINGTON shall not have or claim any right arising from employee
status.
ARTICLE VITI
INDEMNITY AGREEMENT
COVINGTON shall indemnify and save and hold harmless the CITY and its officers, agents,
and employees from and against any and all liability, claims, demands, damages, losses and
expenses, including but not limited to court costs and reasonable attorney's fees incurred by the
CITY, and including without limitation, damages for bodily and personal injury, death and property
damage, and damage for professional malpractice resulting from the negligent acts or omissions of
COVINGTON or any sub consultants, in performance of this Agreement. COVINGTON'S liability
under this Article VIII is expressly limited to the amount of COVINGTON'S insurance coverage as
set forth in Article IX.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE IX
INSURANCE
During the performance of the Services under this Agreement, COVINGTON 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:
A. 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 than $100,000 for each occurrence, and not less than $100,000 in the
aggregate.
B. 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.
C. Professional Liability Insurance with policy limits of not less than $1,000,000 annual
aggregate.
D. COVINGTON 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 to the extent legally possible, and shall contain a provision that
4
such insurance shall not be canceled or modified without thirty (30) days prior written notice
to CITY and COVINGTON. In such event, COVINGTON shall, prior to the effective date of
the change or cancellation, deliver substitute policies furnishing the same coverage to the
CITY.
ARTTC:I,E X
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties agree to settle any disputes under this Agreement by submitting the dispute to
arbitration or other means of alternate dispute resolution such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement without the other's approval.
ARTICLE Xl
LIMITATION OF LIABILITY
To the extent permitted by law, the total liability of COVINGTON to CITY for any and all
claims arising out of this Agreement, whether caused by negligence, errors, omissions, strict
liability, breach of contract or contribution, or indemnity claims based on third-party claims, shall
not exceed one million dollars ($1,000,000).
A R TICI ,E XlI
CONSEQUENTIAL DAMAGES
In no event and under no circumstances shall COVINGTON be liable to CITY for any
interest, loss of anticipated revenues, earnings, profits, or increased expense of operations, or for any
consequential, indirect or special damages.
ARTICLE XTTI
PROFESSIONAL STANDARDS
COVINGTON will perform services under this Agreement with the degree of skill and
diligence normally practiced by professional engineers or consultants performing the same degree of
similar services. No other warranty or guarantee, expressed or implied, is made with respect to the
services furnished under this Agreement and all implied warranties are disclaimed.
ARTICLE XlV
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by giving thirty (30) days advance written notice of termination to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party substantially
failing to fulfill its obligations under this Agreement. No such termination will be effected
unless the other party is given: (1) written notice (delivered by certified mail, return receipt
requested) of intent to terminate and setting forth the reasons specifying the nonperformance,
5
and not less than ten (10) business days in which to cure the failure; and (2) an opportunity for
consultation with the terminating party prior to termination.
C. If this Agreement is terminated prior to completion of the services to be provided hereunder,
COVINGTON shall immediately cease all services and shall render a final bill for services to
the CITY within thirty (30) days after the date of termination. The CITY shall pay
COVINGTON for all services properly rendered and satisfactorily performed and for
reimbursable expenses to termination incurred prior to the date of termination in accordance
with Article IV, Compensation. Should the CITY subsequently contract with a new
consultant for the continuation of services on the Project, COVINGTON shall cooperate in
providing information. COVINGTON shall turn over all documents prepared or furnished by
COVINGTON pursuant to this Agreement to the CITY on or before the date of termination,
but may maintain copies of such documents for its use.
ARTICLE XV
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the CITY shall not constitute nor be deemed a release of the responsibility and
liability of COVINGTON, or any sub consultants of COVINGTON, for the accuracy and
competency of their designs or other work product.
ARTICLE XVT
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
at the address shown below, certified mail, return receipt requested unless otherwise specified
herein. Mailed notices shall be sent to the parties at the following addresses:
To COVINGTON:
To CITY:
R1. Covington Consulting, LLC
Attn: Richard 1. Covington, President
11044 Research Blvd., Suite A-325
Austin, Texas 78759
City of Denton, Texas
Attn: City Manager
215 East McKinney Street
Denton, Texas 76201
and to
City of Denton, Texas
Attn: Director of Electric Utilities
901-A Texas Street
Denton, Texas 76205
All notices shall be deemed effective upon receipt by the party to whom such notice is given
or within three days after the date of mailing.
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ARTTC:LE XVTT
ENTIRE AGREEMENT
This Agreement consisting of nine (9) pages, and three (3) additional pages consisting of Task
Order No. 06-A, constitutes the complete and final expression of the agreement of the parties and is
intended as a complete and exclusive statement of the terms of their agreements and supersedes all
prior contemporaneous offers, promises, representations, negotiations, discussions, communications
and agreements which may have been made in connection with the subject matter hereof.
ARTTC:T ,E XVTTT
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 party 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.
ARTTC:LE XTX
COMPLIANCE WITH LAWS
COVINGTON shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
A R TTC:T ,E XX
DISCRIMINATION PROHIBITED
In performing the services required hereunder, COVINGTON shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ARTTC:LE XXT
PERSONNEL
A. COVINGTON represents that he has secured, or will secure at his own expense any additional
personnel required to perform all the services required under this Agreement. Such personnel
shall be sub consultants of COVINGTON, and shall not be employees or officers of, nor have
any contractual relations with the CITY. COVINGTON shall inform the CITY of any conflict
of interest or potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by COVINGTON or under his supervision.
All personnel engaged in work shall be qualified and shall be authorized and permitted under
state and local laws to perform such services.
ARTTC:LE XXTT
7
ASSIGNABILITY
COVINGTON 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.
ARTTC:T ,E XXTTT
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, 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, duly executed; and, the
parties further agree that the provisions of this section will not be waived unless as herein set forth.
ARTTC:T,E XXIV
MISCELLANEOUS
A. COVINGTON agrees that CITY shall, until the expiration of three (3) years after the final
payment under this Agreement, have access to and the right to examine any directly pertinent
books, documents, papers and records of COVINGTON involving transactions relating to this
Agreement. COVINGTON agrees that the CITY shall have access during normal working
hours to all necessary COVINGTON facilities and shall be provided adequate and appropriate
working space in order to conduct audits in compliance with this section. The CITY shall
give COVINGTON reasonable advance notice of any intended audits.
B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by, and construed in accordance with the
laws of the State of Texas.
C. COVINGTON shall commence, carry on, and complete the work required by this engagement
with all applicable dispatch, in a sound, economical, efficient manner and in accordance with
the provisions hereof. In accomplishing the work, COVINGTON shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the CITY.
D. The CITY shall assist COVINGTON by placing at COVINGTON's disposal all available
information pertinent to the work required by this engagement, including previous reports, any
other data relative to the project and arranging for the access to, and make all provisions for
COVINGTON to enter in or upon, public and private property as required for COVINGTON
to perform services under this Agreement.
E. 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.
IN WITNESS WHEREOF, the City of Denton, Texas has caused this Agreement to be
8
executed in four (4) original counterparts, by its duly authorized City Manager; and R1. Covington
Consulting, LLC has executed this Agreement by its duly authorized officer on this the _ day of
,2006.
"CITY"
CITY OF DENTON, TEXAS
A Municipal Corporation
By:
Howard Martin, Acting City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
"COVINGTON"
R. 1. COVINGTON CONSULTING, LLC
A Texas Limited Liability Corporation
By:
Richard 1. Covington, President
S:IOur DocumentslContractsl061RJ Covington Consulting LLC-PSA-Reg Svc PUCT TO 06-A DME.doc
9
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
R.J. COVINGTON CONSULTING, LLC
TASK ORDER NO. 06-A
Regulatory Services
This Task Order is for continuing assistance to Denton Municipal Electric staff ("Staff') as they
address the continuing changes to the electric industry. Task Order No. 06-A specifically
focuses on activities at the Public Utility Commission of Texas ("PUCT"). The PUCT is
currently addressing issues that will affect the way DME conducts it business. It is important for
DME to be aware of changes to remain in compliance with Texas regulations and to protect its
interests and the interests of its ratepayers. In particular, the PUCT is now addressing issues
related to the implementation of the nodal market design, issues related to monitoring the new
market, market power issues, and resource adequacy in the nodal market. Covington ("RJC")
will work with DME staff to develop and present the DME position on those issues that may
affect DME and the City of Denton, Texas.
The PUCT has concluded hearings on the nodal market design in Docket No. 31540 and RJC is
currently working with DME staff and legal counsel preparing briefs in response to the testimony
given during the hearings. If a satisfactory transition plan is not adopted by the PUCT
Commissioners, DME may decide to challenge the decision through an appeal or in the courts.
Without a reasonable transition approach between today's zonal market structure and the new
nodal market, DME and its ratepayers could suffer rising electricity prices due to increased costs
for delivery of energy in the Dallas-Fort Worth area. DME continues to work to achieve a
transition plan that will allow for the different levels of transmission build-out in different
regions. Because DME is in the North zone which has the largest concentration of generation
owed by a single entity, DME must also be concerned about the issues of market power and the
ability of ERCOT and the PUC to monitor market power in the nodal market. In addition, the
issue of insuring there are adequate generation resources to serve load has never been more
critical. In the nodal market, not only will insufficient generation reserves affect reliability, but it
will also affect the pricing of generation. These activities at the PUCT will have a significant
effect on DME as the new market unfolds.
Task Order 06-B, executed even date herewith, allows RJC to supplement DME staff's efforts to
keep track of the vast amount of information that is needed to keep up with activities at the
PUCT and the Electric Reliability Council of Texas ("ERCOT"). RJC will assist the DME staff
in identifying those issues needing DME's attention. In addition to surveying and reporting on
ongoing activities at the PUCT and ERCOT, RJC is a resource providing extensive regulatory
experience to assist DME' s staff in the evaluation of the impact on DME of various issues.
Task Order 06-A
Regulatory Services
Task Order No. 06-A addresses regulatory issues at the PUCT. Market issues at ERCOT are
provided for in a separate task order (No. 06-B). All work performed at the PUCT is conducted
under the direction of the Director of Electric Utilities.
Scope of Services
Task A
PUCT Re2ulatory Support
Task A-I
Attending Workshops and Hearings at PUCT
1. RJC will stay informed on activities at the PUCT and will attend workshops and hearings
as directed by DME.
2. When appropriate, RJC will participate in workshops and hearings to represent interests
ofDME and the City in accordance with the directions ofDME.
3. RJC will work with DME staff in development of positions that should be taken, and
strategies for working with parties involved, during the nodal system design and
implementation.
Task A-2
Analyze Proposed Rules and Policies
1. PUCT proposed new rules and rule changes will be analyzed.
2. RJC will discuss proposed new rules, and changes to existing rules with DME staff and
legal counsel, helping to identify areas of concern and preparing positions that represent the
interests of the City.
3. RJC will meet with PUCT staff and other parties as appropriate to discuss proposed rules,
and present DME' s concerns regarding such proposals.
Task A-3
Preparation of Comments
1. RJC will prepare or assist in preparing comments to be filed with the PUCT representing the
City's position on issues brought up in proposed rules, projects and dockets.
2. These comments will be coordinated through DME staff and legal counsel.
3. RJC will assist the City's legal counsel as necessary in the preparation and filing of
comments and testimony in dockets that have been identified by DME staff as requiring
intervention to protect DME and the City's interest.
Task B
Industry Monitorin2 and Evaluation
1. RJC will maintain continuing communication with DME staff and legal counsel in order
to monitor proposed industry changes and address those issues affecting municipalities.
2. An ongoing dialogue will be maintained with DME staff and the legal counsel in order to
evaluate changing operating and market requirements and conditions, and evaluate their
potential effects on DME operations.
3. Information necessary to supplement and support the decision-making process will be
provided as requested.
4. A summary of activities at the PUC and ERCOT will be provided weekly.
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Task Order 06-A
Regulatory Services
Budget
This Task Order provides for a not to exceed amount of $100,000 for professional fees and
expenses. This Task Order will not be exceeded without the prior written approval of the City.
RJC will bill monthly with supporting documentation of activities performed and expenses
incurred. The work being performed will be under the supervision of the Director of Electric
Utilities and may be modified at any time upon appropriate notice to RJC.
EXECUTED this the
day of
,2006.
AUTHORIZED BY:
ACCEPTED BY:
"CITY"
"RJC"
CITY OF DENTON, TEXAS
A Texas Municipal Corporation
R1. COVINGTON CONSULTING, LLC
By:
By:
Howard Martin
Interim City Manager
R 1. Covington, President
Dated:
Dated:
ATTEST:
JENNIFER WALTERS
CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER
CITY ATTORNEY
By:
By:
Dated:
Dated:
S:IOur DocumentslContractsl061R J Covington Consulting - Task Order 06-A.doc
3of3
DRAFT
PUBLIC UTILITIES BOARD MINUTES
JANUARY 9,2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Presiding Chair of the Public Utilities Board convened into an Open Meeting on
Monday, January 9, 2006 at 9:40 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
PRESENT: John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell
Bob Bland (arrived a 9:48 a.m.)
ABSENT: Dick Smith
EX OFFICIO MEMBER:
Howard Martin
Chair, Charldean Newell, called the meeting to order at 9:00 a.m. to consider the following
items under the Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION:
8 ) a) Consi der recommending approval of an ordinance of the City Council of the City of
Denton, Texas authorizing the City Manager to execute a professional services agreement
with R. 1. Covington Consulting, LLC for consulting services relating to Task Order NO.06-
A; providing for services before the Public Utilities Commission of Texas, including, without
limitation, compliance issues, protection of Denton Municipal Electric's interests and the
interests of its ratepayers, implementation of the nodal market design, issues related to
monitoring the new market, market power issues, resource adequacy in the nodal market, and
other issues affecting DME' s conduct of its business; authorizing the expenditures of funds
therefore; and providing an effective date.
b) Consider recommending approval of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute a professional services agreement with R. 1.
Covington Consulting, LLC for consulting services relating to Task Order No. 06-B;
providing for monitoring activities before the Electric Reliability Council of Texas related to
transition to a nodal market design in the Texas electric market, authorizing the expenditure
of funds therefore; and providing for an effective date.
Chair Newell combined items 8a & 8b into one item for consideration.
Sharon Mays, Director of Electric Utilities, presented this item. Gallivan asked what DME
was getting for its money. Mays stated that DME has had a long-standing relationship with
the Covington firm and that it has had and continues to have a positive influence in the
market.
Board Members George Hopkins moved to approve with a second from Gallivan. The motion
was approved by a vote of 6-0.
EXHIBIT 3
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2006
DEPARTMENT:
Electric Utilities
Howard Martin, 349-8232 ..
ACM:
SUBJECT
Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing
the City Manager to execute a professional services agreement with RJ. Covington consulting,
LLC for consulting services relating to task order No. 06-B; providing for monitoring activities
before the Electric Reliability Council of Texas, related to transition to a nodal market design in
the Texas electric market; authorizing the expenditure of funds therefore; and providing an
effective date. (The Public Utilities Board recommends approval 6-0.)
BACKGROUND
The PUC initiated redesign of the ERCOT electric wholesale market is continuing to move
forward. Over the past year, DME, with the support ofR. J. Covington Consulting, LLC, has
participated in a number of activities related to this effort. These activities include:
. Participation in the completion of the ERCOT stakeholder design process for the
proposed nodal protocols
. Aggressive lobbying during the 2005 Texas Legislative Session
. Participation in the Committee of Concerned Loads coalition, which made a proposal to
the PUC for an alternative to the proposed nodal design
. Participation in the ongoing formal PUC contested hearing review of the nodal design
protocols presented by ERCOT, including sponsoring testimony of two witnesses
Although DME and many others have worked constantly to prevent the implementation of a
nodal electric wholesale system design in Texas, those efforts have been to no avail. Despite lip
service to the contrary, it is apparent that, for reasons that are essentially politically driven,
implementation of a nodal system design was preordained from the beginning of the market
design discussion. All efforts to point out problems with the use of nodal design in other areas of
the US and the world and to offer alternatives for solving the problems with the existing ERCOT
market design have fallen on deaf ears. Faced with an ERCOT software system that, as a result
of its much too rapid design and implementation, is in dire need of replacement, the probability
that the PUC will throw out two plus years of work and start over now is essentially zero. Faced
with intense lobbying from wealthy and well-connected companies, it is equally unlikely that the
Texas Legislature will step in and stop the implementation of a nodal design in Texas. A legal
challenge, alleging lack of due process by the PUC, could be made but that process will be long,
PUB Agenda Information Sheet - RJ Covington Agreement
January 9, 2006
Page 2 of3
expensive, and difficult to prove. Unless an injunction could be obtained to stop work on
development of nodal software by ERCOT during legal challenges, by the time final court
action, including appeals, is taken millions of dollars will have been spent on the new system.
The likely outcome of a successful legal challenge is that the Texas Legislature will step in and
order implementation of the new system, just as they did when the postage stamp transmission
rate design implemented by the PUC was successfully challenged. It is DME's assessment that
nothing short of a California style economic meltdown in an area using the nodal system will
impact its implementation in Texas. Consequently, DME has shifted the majority of its efforts
towards attempting to make adjustments in the proposed nodal design that will mitigate its
negative impact on DME's customers and preparing itself to function in a nodal market.
At this point in time, the PUC has completed taking formal testimony in the contested case
docket that it set up as the final review of the nodal design and protocols filed by ERCOT. From
the inception of the docket, the PUC has made it clear that it intends to implement the filed
ERCOT protocols largely in tact. The PUC limited the areas of the design it would accept
testimony on to a few areas in which the Commissioners indicated they were not totally certain
the approach filed by ERCOT was appropriate. However, the requirements the Commissioners
set for making alternative proposals in these limited areas were so onerous that they have an easy
way to ignore proposals, unless the proposals are what they already have their mind made up that
they want to consider. DME's testimony in this docket focused on two areas, both of which
were within the guidelines set by the Commission. The first area was requesting that the
transmission Congestion Revenue Rights (CRRs) in the nodal market be allocated to load
serving entities (municipal utilities, cooperatives, and Retail Energy Providers) rather than
auctioned off to the highest bidder, as proposed in the filed ERCOT protocols. DME's expert
witness, Dr. Frank Wolak, an economist from Standford, explained why this change was
necessary and outlined a methodology for performing the allocation. The second area of focus,
supported by Bill Starnes of the Covington staff, was advocating that load zone changes be
limited and requires PUC review and approval. DME also provided rebuttal testimony against
proposals made by others that additional charges should be directly allocated to load zones rather
than being uplifted across all ofERCOT, as proposed by the filed ERCOT protocols. Briefs on
the issues are due to the Commission on January 13,2006.
In addition to the protocol review docket, the PUC has set up other dockets for consideration of
market monitoring structures, market power issues, and development of methods to assure
someone continues to build generation in Texas (resource adequacy). All of these issues will be
important to DME' s customers and should be at least monitored, with the potential need to
actively participate in the workshops and hearings.
ERCOT has already begun the process of choosing a software vendor and developing the
software to implement the approved market design. There is stakeholder oversight of this
process. Some level of monitoring of and participation in the stakeholder monitoring process is
important. During the first wholesale market implementation effort, fundamental changes were
made to the market design in the name of software requirements/limitations. Given the
complexity of nodal market software, there will be a significant opportunity to "tweak" the
software in ways that will advantage some market participants and disadvantage others. The
PUB Agenda Information Sheet - RJ Covington Agreement
January 9, 2006
Page 3 of3
large players will have staff member heavily involved in every detail of this process, taking
every opportunity to make changes that are to their advantage. While small players like DME
have no hope of becoming fully engaged in this process, which will rapidly evolve to almost
daily meetings in Austin, DME must at least make an effort to monitor key areas of the process.
As has continued to be the case throughout this process, all of these activities will take place in
Austin, making the use of Covington staff, located in Austin, the most effective way to
participate. In addition, with the resignation of John Rainey, the only person left on the DME
staff to manage this effort is the Director. It is not possible for her to remain constantly engaged
in this process and perform her other duties.
In the past, Garland Power and Light and DME have split the majority of the costs of utilizing
Covington staff support on these issues. Recently, Garland has chosen to continue on the path of
opposition to implementation of a nodal market design. In addition, Garland's operational
interests and DME's are diverging because DME utilizes both wholesale market generation
resources and Gibbons Creek generation while Garland, given its much larger size, continues to
operate as their own Qualifying Scheduling Entity (QSE), largely utilizing their own generators
to supplement their Gibbons Creek energy. While Garland and DME will continue to work
together as much as possible, it is likely that DME will have to pay for a significantly larger
portion of the cost of the Covington firm's support in the future.
OPTIONS
1. Approve Task Orders 06-A and 06-B with R. 1. Covington Consulting, LLC.
2. Cease participation in the market design process.
RECOMMENDA TIONS
DME recommends approval of Task Orders 06-A and 06-B with R. 1. Covington Consulting,
LLC.
PRIOR ACTIONIREVIEW (Council, Boards, Commission)
This item was presented to the Public Utilities Board at their January 9th, 2006 regular meeting.
The Public Utilities Board recommends approval 6-0.
FISCAL INFORMATION:
The cost of the Task orders will not exceed $100,000 each.
EXHIBITS
1. Ordinance
2. Contract and Order 06-B
3. PUB Minutes
~.~~g.~.?~f~110....~~9~i~~~?:.............
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Sharon Mays
Director of Electric Utilities
ORDINANCE NO. 2006-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH R. 1. COVINGTON CONSULTING, LLC FOR CONSULTING
SERVICES RELATING TO TASK ORDER NO. 06-B; PROVIDING FOR MONITORING
ACTIVITIES BEFORE THE ELECTRIC RELIABILITY COUNCIL OF TEXAS, RELATED
TO TRANSITION TO A NODAL MARKET DESIGN IN THE TEXAS ELECTRIC
MARKET; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council deems it in the public interest to continue to engage the
firm of R. 1. Covington Consulting, LLC of Austin, Texas ("Covington"), to provide further
professional consulting services to the City relating to Task Order No. 06-B; which includes,
without limitation, services before the Electric Reliability Council of Texas ("ERCOT") that
entail, without limitation, the status of the transition design process, alerting Denton Municipal
Electric ("DME") staff of issues that may affect the ability of DME to serve its customers in a
cost effective competitive manner; as well as other issues that affect the conduct of the DME
business; and
WHEREAS, the City staff has reported to the City Council that there is a substantial need
for the above-described specialized professional services, and that limited City staff cannot
adequately perform the services and tasks with its own personnel; and
WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional
Services Procurement Act", generally provides that a City may not select a provider of
professional services on the basis of competitive bids, but must select the provider on the basis of
demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price;
and
WHEREAS, Covington has represented DME continuously and ably over the last nine
(9) years, and has proven to be a valuable, reliable, affordable, and competent professional
resource that has expertise in, and is well-acquainted with the electric operations as well as the
financial and regulatory framework of Denton Municipal Electric ("DME"), as well as its
relations with the PUC and ERCOT. Covington's operations are located in Austin, Texas.
Covington and his staff are particularly familiar with the characteristics, operations, and present
rate structure ofDME: and
WHEREAS, the City Council has provided in the City Budget for the appropriation of
funds to be used for the purchase of the professional services, as set forth in the Professional
Services Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
1
I EXHIBIT 1
SECTION 1: That the City Manager is hereby authorized to execute a Professional
Services Agreement with R. 1. Covington Consulting, LLC of Austin, Texas, for professional
consulting services relating to Task Order No. 06-B, to the City and to Denton Municipal
Electric, in an amount of not to exceed $100,000; in substantially the form of the Professional
Services Agreement that is attached hereto and incorporated herewith by reference as Exhibit
"A."
SECTION 2: That the award of this Agreement by the City is on the basis of the
demonstrated competence, knowledge, and qualifications of Covington and the ability of
Covington to perform the professional services needed by the City for a fair and reasonable
pnce.
SECTION 3: That the expenditure of funds as provided in the attached Professional
Services Agreement is hereby authorized.
SECTION 4: That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
WfllJ;4tw
By:
S:IOur DocumentslOrdinancesl061R J Covington Consulting LLC-DME-Ord Aprv TO 06-B 2006.doc
2
STA TE OF TEXAS
~
~
~
COUNTY OF DENTON
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES
PERTAINING TO DENTON MUNICIPAL ELECTRIC
THIS AGREEMENT is made and entered into on the day of , 2006,
by and between the City of Denton, Texas, a Municipal Corporation, with its principal office at 215
East McKinney Street, Denton, Texas 76201 ("CITY"); and R. 1. COVINGTON CONSULTING,
LLC, a Texas Limited Liability Corporation, with its principal office at 11044 Research Boulevard,
Suite A-325, Austin, Texas 78759, hereafter "COVINGTON'; acting herein by and through their
duly authorized representatives.
WITNESSETH, that in consideration of the covenants, promises and agreements herein
contained, the CITY and COVINGTON do hereby AGREE as follows:
ARTTC:LE T
EMPLOYMENT OF CONSULTANT
The CITY hereby contracts with COVINGTON, as an independent contractor, and
COVINGTON hereby agrees to perform the services herein in connection with the Scope of
Services as stated in the Articles to follow, with diligence and in accordance with the professional
standards customarily obtained for such services in the State of Texas.
A R TTC:T ,E TT
SCOPE OF SERVICES
A. COVINGTON shall provide to the CITY professional consulting services pertaInIng to
monitoring activities at the Electric Reliability Council of Texas ("ERCOT") related to transition to
a nodal market design in the Texas electric market. Among other things, COVINGTON shall keep
Denton Municipal Electric ("DME") staff informed of the status of the transition design process and
will alert DME staff of issues that may affect the ability of DME to serve its customers in a cost
effective and competitive manner. Such activities, without limitation, are: attending ERCOT
meetings, analyzing proposed policies and protocols, coordination with other market participants,
and support and consultation with the DME attorneys. COVINGTON agrees to perform those
services and tasks more particularly and specifically described in Task Order No. 06-B attached
hereto and incorporated herewith by reference.
B. To consult with the City Manager, Assistant City Manager/Utilities, the Director of Electric
Utilities, the Utility Attorney, and any other designated administrative personnel regarding any and
all aspects of the services to be performed pursuant to this Agreement.
1
EXHIBIT 2
ARTTC:LE TTT
PERIOD OF SERVICE
This Agreement shall become effective on the date this Agreement is approved and upon the
issuance of a notice to proceed by Denton Municipal Electric ("DME"). The termination date of this
Agreement shall be upon the earliest to occur of the following events: completion of the work
described herein and in the attached Task Order No. 06-B; or upon the depletion and exhaustion of
the $100,000 not-to-exceed amount provided for herein; or upon fifteen (15) day's written notice to
terminate, issued by the Director of Electric Utilities, DME. This Agreement may be sooner
terminated in accordance with the provisions hereof. Time is of the essence in this Agreement.
COVINGTON shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule established by the CITY, acting through its
Director of Electric Utilities.
ARTTC:LE TV
COMPENSATION
A. COMPENSATION TERMS:
"Direct Non-Labor Expense" is defined as that expense for any assignment incurred hereunder
by COVINGTON for supplies, long-distance telephone, telecopier, reproduction expense,
overnight courier, photocopy expense, transportation, travel, communications, subsistence and
lodging away from home and similar incidental expenses reasonably incurred in connection
with that assignment.
B. BILLING AND PAYMENT:
1. For and in consideration of the professional services to be performed by COVINGTON
herein, the CITY agrees to pay COVINGTON, a total fee, including reimbursement for direct
non-labor expense, not to exceed $100,000 for those services described in Task Order No. 06-
B.
2. The fee for the services described in this Agreement to be performed by COVINGTON
are to be billed the rates as set forth in Exhibit "A" attached hereto and incorporated herewith
by reference. Billing shall be reported in minimum one-quarter (1/4) hour increments.
3. Payments to COVINGTON will be made by the CITY on the basis of detailed monthly
statements rendered to the CITY through its Director of Electric Utilities. The fee bills as
submitted, shall be allowed and approved by the Director of Electric Utilities. However,
under no circumstances shall any monthly statement for services exceed the value of the work
performed at the time a statement is rendered.
4. Nothing contained in this Article shall require the CITY to pay for any work which is
unsatisfactory as reasonably determined by the City Manager or the Director of Electric
Utilities, or which is not submitted in compliance with the terms of this Agreement. The City
shall not be required to make any payments to COVINGTON when COVINGTON is in
default under this Agreement.
2
5. It is specifically understood and agreed that COVINGTON shall not be authorized to
undertake any work pursuant to this Agreement which would require additional payments
by the CITY for any charge, expense or reimbursement above the maximum not-to-exceed
fee as stated, without first having obtained written authorization from the CITY.
C. PAYMENT
If the CITY fails to make payments due COVINGTON for services and expenses within forty
(40) days after receipt of COVINGTON'S undisputed statement thereof, the amounts due
COVINGTON will be increased by the rate of one percent (1 %) per month from the said forty
(40th) day, and in addition, COVINGTON may, after giving ten (10) days' written notice to
the CITY, suspend services under this Agreement until COVINGTON has been paid in full all
amounts due for services, expenses and charges provided. However, nothing herein shall
require the CITY to pay the late charge of one percent (1 %) set forth herein if the CITY
reasonably determines that the work of COVINGTON is unsatisfactory, in accordance with
this Article IV, Compensation, and the CITY notifies COVINGTON in writing of any such
defect.
ARTTC:T,E V
OBSERVATION AND REVIEW OF THE WORK
COVINGTON will exercise reasonable care and due diligence in discovering and promptly
reporting to the CITY any defects or deficiencies in his work or the work of any sub consultants
performed hereunder.
A R TTC:T ,E VI
OWNERSHIP OF DOCUMENTS
All documents, analyses and other data prepared by COVINGTON under this Agreement ("Work
Products") are instruments of service and are and shall remain the property of CITY. COVINGTON
shall have the right to make and retain copies and use all Work Products; provided, however, the use
shall be limited to the intended use for which the services and Work Products are provided under this
Agreement. COVINGTON may use and may copyright certain non-sensitive Work Products as
property of COVINGTON; provided that prior written approval is obtained from CITY, whose
approval shall not be unreasonably withheld, and providing that copywriting will not restrict
CITY'S right to retain or make copies of the Work Products for its information, reference and use on
the Project or services under the Agreement.
The Work Products shall not be changed or used for purposes other than those set forth in this
Agreement without the prior written approval of COVINGTON. If CITY releases the Work
Products to a third party without COVINGTON'S prior written consent, or changes or uses the
Work Products other than as intended hereunder, CITY does so at its sole risk and discretion and
COVINGTON shall not be liable for any claims or damages resulting from or connected with the
rel ease or any third party's use of the Work Products.
3
A R TTC:I ,E VII
INDEPENDENT CONTRACTOR
COVINGTON shall provide services to the CITY as an independent contractor, not as an
employee of the CITY. COVINGTON shall not have or claim any right arising from employee
status.
ARTICLE VITI
INDEMNITY AGREEMENT
COVINGTON shall indemnify and save and hold harmless the CITY and its officers, agents,
and employees from and against any and all liability, claims, demands, damages, losses and
expenses, including but not limited to court costs and reasonable attorney's fees incurred by the
CITY, and including without limitation, damages for bodily and personal injury, death and property
damage, and damage for professional malpractice resulting from the negligent acts or omissions of
COVINGTON or any sub consultants, in performance of this Agreement. COVINGTON'S liability
under this Article VIII is expressly limited to the amount of COVINGTON'S insurance coverage as
set forth in Article IX.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement and nothing herein shall waive any of the party's defenses, both at law or
equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE IX
INSURANCE
During the performance of the Services under this Agreement, COVINGTON 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:
A. 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 than $100,000 for each occurrence, and not less than $100,000 in the
aggregate.
B. 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.
C. Professional Liability Insurance with policy limits of not less than $1,000,000 annual
aggregate.
D. COVINGTON 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 to the extent legally possible, and shall contain a provision that
4
such insurance shall not be canceled or modified without thirty (30) days prior written notice
to CITY and COVINGTON. In such event, COVINGTON shall, prior to the effective date of
the change or cancellation, deliver substitute policies furnishing the same coverage to the
CITY.
ARTTC:I,E X
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties agree to settle any disputes under this Agreement by submitting the dispute to
arbitration or other means of alternate dispute resolution such as mediation. No arbitration or
alternate dispute resolution arising out of or relating to, this Agreement involving one party's
disagreement may include the other party to the disagreement without the other's approval.
ARTICLE Xl
LIMITATION OF LIABILITY
To the extent permitted by law, the total liability of COVINGTON to CITY for any and all
claims arising out of this Agreement, whether caused by negligence, errors, omissions, strict
liability, breach of contract or contribution, or indemnity claims based on third-party claims, shall
not exceed one million dollars ($1,000,000).
A R TICI ,E XlI
CONSEQUENTIAL DAMAGES
In no event and under no circumstances shall COVINGTON be liable to CITY for any
interest, loss of anticipated revenues, earnings, profits, or increased expense of operations, or for any
consequential, indirect or special damages.
ARTICLE XTTI
PROFESSIONAL STANDARDS
COVINGTON will perform services under this Agreement with the degree of skill and
diligence normally practiced by professional engineers or consultants performing the same degree of
similar services. No other warranty or guarantee, expressed or implied, is made with respect to the
services furnished under this Agreement and all implied warranties are disclaimed.
ARTICLE XlV
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by giving thirty (30) days advance written notice of termination to the other party.
B. This Agreement may be terminated in whole or in part in the event of either party substantially
failing to fulfill its obligations under this Agreement. No such termination will be effected
unless the other party is given: (1) written notice (delivered by certified mail, return receipt
requested) of intent to terminate and setting forth the reasons specifying the nonperformance,
5
and not less than ten (10) business days in which to cure the failure; and (2) an opportunity for
consultation with the terminating party prior to termination.
C. If this Agreement is terminated prior to completion of the services to be provided hereunder,
COVINGTON shall immediately cease all services and shall render a final bill for services to
the CITY within thirty (30) days after the date of termination. The CITY shall pay
COVINGTON for all services properly rendered and satisfactorily performed and for
reimbursable expenses to termination incurred prior to the date of termination in accordance
with Article IV, Compensation. Should the CITY subsequently contract with a new
consultant for the continuation of services on the Project, COVINGTON shall cooperate in
providing information. COVINGTON shall turn over all documents prepared or furnished by
COVINGTON pursuant to this Agreement to the CITY on or before the date of termination,
but may maintain copies of such documents for its use.
ARTICLE XV
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the CITY shall not constitute nor be deemed a release of the responsibility and
liability of COVINGTON, or any sub consultants of COVINGTON, for the accuracy and
competency of their designs or other work product.
ARTICLE XVT
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
at the address shown below, certified mail, return receipt requested unless otherwise specified
herein. Mailed notices shall be sent to the parties at the following addresses:
To COVINGTON:
To CITY:
R1. Covington Consulting, LLC
Attn: Richard 1. Covington, President
11044 Research Blvd., Suite A-325
Austin, Texas 78759
City of Denton, Texas
Attn: City Manager
215 East McKinney Street
Denton, Texas 76201
and to
City of Denton, Texas
Attn: Director of Electric Utilities
901-A Texas Street
Denton, Texas 76205
All notices shall be deemed effective upon receipt by the party to whom such notice is given
or within three days after the date of mailing.
6
ARTTC:LE XVTT
ENTIRE AGREEMENT
This Agreement consisting of nine (9) pages, and three (3) additional pages consisting of Task
Order No. 06-B, 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.
ARTTC:T ,E XVTTT
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 party 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.
ARTTC:LE XTX
COMPLIANCE WITH LAWS
COVINGTON shall comply with all federal, state, local laws, rules, regulations, and
ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
A R TTC:T ,E XX
DISCRIMINATION PROHIBITED
In performing the services required hereunder, COVINGTON shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ARTTC:LE XXT
PERSONNEL
A. COVINGTON represents that he has secured, or will secure at his own expense any additional
personnel required to perform all the services required under this Agreement. Such personnel
shall be sub consultants of COVINGTON, and shall not be employees or officers of, nor have
any contractual relations with the CITY. COVINGTON shall inform the CITY of any conflict
of interest or potential conflict of interest that may arise during the term of this Agreement.
B. All services required hereunder will be performed by COVINGTON or under his supervision.
All personnel engaged in work shall be qualified and shall be authorized and permitted under
state and local laws to perform such services.
ARTTC:LE XXTT
7
ASSIGNABILITY
COVINGTON 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.
ARTTC:T ,E XXTTT
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, 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, duly executed; and, the
parties further agree that the provisions of this section will not be waived unless as herein set forth.
ARTTC:T,E XXIV
MISCELLANEOUS
A. COVINGTON agrees that CITY shall, until the expiration of three (3) years after the final
payment under this Agreement, have access to and the right to examine any directly pertinent
books, documents, papers and records of COVINGTON involving transactions relating to this
Agreement. COVINGTON agrees that the CITY shall have access during normal working
hours to all necessary COVINGTON facilities and shall be provided adequate and appropriate
working space in order to conduct audits in compliance with this section. The CITY shall
give COVINGTON reasonable advance notice of any intended audits.
B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton
County, Texas. This Agreement shall be governed by, and construed in accordance with the
laws of the State of Texas.
C. COVINGTON shall commence, carry on, and complete the work required by this engagement
with all applicable dispatch, in a sound, economical, efficient manner and in accordance with
the provisions hereof. In accomplishing the work, COVINGTON shall take such steps as are
appropriate to ensure that the work involved is properly coordinated with related work being
carried on by the CITY.
D. The CITY shall assist COVINGTON by placing at COVINGTON's disposal all available
information pertinent to the work required by this engagement, including previous reports, any
other data relative to the project and arranging for the access to, and make all provisions for
COVINGTON to enter in or upon, public and private property as required for COVINGTON
to perform services under this Agreement.
E. 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.
8
01/06(2006 12:31 FAX
@003
Th1 WITNESS WHEREOF, the City of Denton, TeJ(as has ca'used this Agreement to be
executed in four (4) original counterpartS, by its duly authorized City Manager, and RJ. Covington
Consulting, LLC has exeC\lted this Agreement by its duly authorized officer on this the _ day of
,2006.
"CITY"
CITY OF DENTON, TEXAS
A Municipal Corporation
By:
Howard Martin, Acting City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:
"COVINGTON"
R. J. COVINGTON CONSULTING, LLC
A Texas Limited Liability Corporation
BY:~~
Richard J. Covi on, i t
8:\0I.lt DocumentslConlnlclSlQ6\RJ Covington Co"$ulting Ll.C-PSA-ERCOT fl,ctvy TO Q6-B DMc.doc
9
EXHIBIT B
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF DENTON, TEXAS AND
R.J. COVINGTON CONSULTING, LLC
TASK ORDER NO. 06-B
Nodal Market Transition
The work provided for in this Task Order is directed at monitoring activities at the Electric
Reliability Council of Texas ("ERCOT"), related to transition to a nodal market design in the
Texas electric market. R. 1. Covington Consulting (RJC) will keep Denton Municipal Electric
staff ("Staff') informed of the status of the transition design process and will alert DME staff of
issues that may affect the ability of DME to serve its customers in a cost effective and
competitive manner.
RJC will participate in ERCOT committees and working groups, as directed by DME staff, to
advocate positions that protect DME' s ability to cost effectively operate in the existing wholesale
electric market and the future nodal market. While the nodal market is being developed and
implemented, there may be overlapping issues that impact the current market structure. RJC will
focus on all issues that may disadvantage DME either through changes to the current market
protocols or implementation of Public Utilities Commission of Texas ("PUC") approved nodal
protocols. RJC will watch for changes or limitations in the implementation in either existing or
new protocols that may disadvantage DME.
In addition to working on ERCOT activities, RJC will assist DME staff in beginning to prepare
DME for the new nodal market. This will include review of the future needs ofDME in order to
successfully operate in the new market structure being implemented in ERCOT. The needs
assessment includes consideration of how to minimize locational marginal prices, risk
management techniques to minimize exposure to congestion costs, how to maximize the value of
Congestion Revenue Rights ("CRR"), and other market activities needed to be successful in the
new nodal market environment.
The nodal market is targeted to begin January 2009. Additional funding may be required to
complete this work. RJC will focus on the issues that are important to DME in order to work
effectively and efficiently to help control budget. RJC will keep the Director of Electric Utilities
informed of the status of the budget, and work may be stopped at any time by notification by the
Director of Electric Utilities to RJC to cease work.
Task Order 06-B
Nodal Market Transition
Scope of Services
Task A
ERCOT Activities
Task A-I
Attend ERCOT Meetings
1. RJC will stay informed on activities at the ERCOT Independent System Operator ("ISO")
and will attend meetings, as directed by DME staff that are related to existing market
operations and implementation of the nodal market design.
2. RJC will participate in meetings to represent the interests of DME. The meetings that RJC
will attend include the Protocol Revision Subcommittee (PRS), the Wholesale Market
Subcommittee (WMS), the Transition Plan Task Force (TPTF), the Technical Advisory
Committee (TAC), and the ERCOT Board meetings. Other committees may need to be
monitored as the nodal implementation process progresses.
3. RJC will work with DME staff to develop positions that should be advocated and strategies
for working with other ERCOT stakeholders.
Task A-2
Analyze Proposed Policies and Protocols
1. RJC will continue to review the new market design protocols as they evolve during the
transition process and identify concerns related to DME's ability to effectively function in that
market.
2. RJC will meet with ERCOT staff and other stakeholders, as requested by DME staff, to discuss
nodal market transition issues and negotiate to mitigate negative impacts on DFW loads.
Task B
W orkin2 With Other Affected Parties
Task B-1
Coordination With Other Market Participates
1. RJC will continue to work with other affected municipalities, organizations, cooperatives,
and associations, where appropriate, to help mitigate the impacts of the nodal market on
loads in certain areas of the state.
2. RJC will participate in meetings with other market participants, as requested by DME staff,
to discuss strategy and positions.
3. RJC will continue to develop issues, papers and statistics to assist in educating legislators,
media and other market participants on nodal market issues.
Task B-2
Work With Attorneys
1. RJC will continue to work with the DME legal counsel to educate them on ERCOT related
issues and to keep them up-to-date on changes that affect DME.
2. RJC will work with DME staff and legal counsel to assist them in preparing any challenges
to the proposed nodal market design or the ERCOT proposed implementation plan to be filed
with either ERCOT and/or the PUCT.
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01/06/2006 12:31 FAX
I
~005
Task Order 06-B
Nodal Market Transition
Bud2et
An initial budget of $100,000 for labor and expenses is recommended. Because of the uncertainty
regarding the level of activity required, this budget is an estimate. Addition.al funds may be required
to complete this work. This initial budget will not be exceeded without prior written approval of the
City. RJC will bill this Task Order n'1onthly, with supporting documentation of activities performed,
The work being perfonned will be under the supervision of the Director of Electric Utilities, and
may be modified at any time upon appropriate notice to RIC.
EXECUTED this the
day of
,2006.
AUTHORIZED BY:
ACCEPTED BY:
"CITY"
"RJC"
CIty OF DENTON, TEXAS
A Texas Municipal Corporation
RJ. COVINGTON CONSULTING, LLC
By:
Howard Martin
Interim City Manager
By: /fJn~
Dated:
Dated:
Ilr/'?1
A TIEST: APPROVED AS TO LEGAL FORM:
JENNIFER W AI. TERS, CITY SECRETARY EDWIN M. SNYDER, CITY ATTORNEY
By:
By:
Dated:
Dated:
S:\Our Docul11ents\Contnlcts\06\R.1 Covington Con~"lting' Task Ofdcr 06.S.doc
30f3
DRAFT
PUBLIC UTILITIES BOARD MINUTES
JANUARY 9,2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Presiding Chair of the Public Utilities Board convened into an Open Meeting on
Monday, January 9, 2006 at 9:40 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
PRESENT: John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell
Bob Bland (arrived a 9:48 a.m.)
ABSENT: Dick Smith
EX OFFICIO MEMBER:
Howard Martin
Chair, Charldean Newell, called the meeting to order at 9:00 a.m. to consider the following
items under the Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION:
8) a) Consider recommending approval of an ordinance of the City Council of the City of
Denton, Texas authorizing the City Manager to execute a professional services agreement
with R. 1. Covington Consulting, LLC for consulting services relating to Task Order NO.06-
A; providing for services before the Public Utilities Commission of Texas, including, without
limitation, compliance issues, protection of Denton Municipal Electric's interests and the
interests of its ratepayers, implementation of the nodal market design, issues related to
monitoring the new market, market power issues, resource adequacy in the nodal market, and
other issues affecting DME' s conduct of its business; authorizing the expenditures of funds
therefore; and providing an effective date.
b) Consider recommending approval of an ordinance of the City of Denton, Texas
authorizing the City Manager to execute a professional services agreement with R. 1.
Covington Consulting, LLC for consulting services relating to Task Order No. 06-B;
providing for monitoring activities before the Electric Reliability Council of Texas related to
transition to a nodal market design in the Texas electric market, authorizing the expenditure
of funds therefore; and providing for an effective date.
Chair Newell combined items 8a & 8b into one item for consideration.
Sharon Mays, Director of Electric Utilities, presented this item. Gallivan asked what DME
was getting for its money. Mays stated that DME has had a long-standing relationship with
the Covington firm and that it has had and continues to have a positive influence in the
market.
Board Members George Hopkins moved to approve with a second from Gallivan. The motion
was approved by a vote of 6-0.
EXHIBIT 3
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2006
CM:
Water Utilities
Howard Martin, 349-8232 ..
DEPARTMENT:
SUBJECT
Consider adoption of an ordinance approving the necessary amendments to Article V of Chapter
26 and the adoption of Article IX entitled "On-Site Sewage Facilities (OSSFs)" Division 1,
Sections 26-260 through 26-270, in order to comply with the changes adopted by Texas
Commission on Environmental Quality (TCEQ).
BACKGROUND
Since 1991, Texas Department of Health (TDH) approved Article V, Chapter 26; Sections 26-
153, 172, and 177 of the City of Denton Code of Ordinances regulating the use of Septic
Systems in the corporate limits and ETJ of the city. In 1991, the TDH was relieved of septic
system regulatory authority when the TCEQ received primacy from the EP A to regulate
wastewater systems in Texas. During recent discussions with the TCEQ, it became apparent that
the current City of Denton ordinance regulating septic systems does not comply with current
TCEQ standards. Staff has therefore amended Article V of Chapter 26 of the Denton Code of
Ordinances and has created a new Article (Article IX) in order to comply with current TCEQ
standards and ensure consistency with Denton County OSSF ordinances. In some cases, more
stringent regulations are proposed for the purposes of greater public health protection. The
proposed City of Denton OSSF ordinance (Exhibit I) was approved by TCEQ on November 7,
2005 and City of Denton was authorized on that date to proceed with the formal adoption process
as outlined in Commission Rule 285.10. Rule 285.10 requires that the local government shall
hold a public meeting to discuss the proposed ordinance, adoption of the ordinance by the local
governmental entity, and final review by the executive director of TCEQ.
Table 1.
Highlights of the proposed amendments compared to the current City of
Denton ordinance.
Ordinance is silent concerning construction
permits for all OSSFs. Texas Health and Safety
Code (THSC) 366 exempts construction permit
requirements when tracts are 10 acres or larger
Does not require OSSF plans to be prepared by
professional engineers or registered sanitarians.
Requires property owners to secure
construction permits for all OSSFs
regardless of tract size.
Requires all OSSF plans to be prepared by
either professional engineers or registered
sanitarians.
1
Does not require at least 2 acres of land to be Requires lots or tracts of land created or
platted when a drinking water well is located on platted to have at least 2 acres when a
the tract. private drinking water well is located on the
tract or lot.
Requires a minimum lot size of 1 acre for Requires lots or tracts of land created or
installation of OSSFs. platted to have a min. area of 1 acre for
installation of OSSFs.
Does not require commercial/institutional Requires commercial/institutional facilities
facilities to test for Carbonaceous Biochemical using aerobic treatment systems to test for
Oxygen Demand (CBOD) and Total Suspended CBOD and TSS at least once every four (4)
Solids (TSS). months.
Ordinance and State OSSF rules are silent on Ordinance requires aerobic treatment tanks
requiring a minimum depth that aerobic to be installed at a depth no greater than 2
treatment systems can be installed. feet measured from the top of the tank lid to
the top of the tank excavation.
The Section 10 Amendments of the Denton County ordinance are consistent with the
amendments proposed in the City of Denton ordinance in Table 1 above. A comparison of the
proposed City of Denton amendments, Denton County Section 10 amendments, and TCEQ
requirements is provided as Exhibit II.
OPTIONS
Non-compliance with the TCEQ standards is not an option.
RECOMMENDA TION
Staff recommends approval of the amendments to the Chapter 26 Article V of the City of Denton
Code of Ordinances, and the adoption of the proposed Article IX.
PRIOR ACTIONIREVIEW
The proposed ordinance revision was presented to and approved by the City of Denton Public
Utility Board on July 11,2005. The proposed ordinance revision was then reviewed by the
Texas Commission on Environmental Quality (TCEQ), and then presented to the Denton City
Council during the December 13, 2005 work session. The public meeting required by the TCEQ
was held on January 12,2006.
FISCAL INFORMATION:
No financial impact.
EXHIBITS
1. Proposed City of Denton On-Site Sewage Facilities Ordinance
2. Comparison of Amendments in Draft City of Denton and Denton County OSSF Ordinance to
TCEQ Rule
2
Respectfully submitted:
Kenneth Banks, Manager
Division of Environmental Quality
Prepared by:
Kenneth Banks, Manager, Division of Environmental Quality
Bill McCullough, Environmental Services Coordinator
John Glover, RS., Pollution Control and Abatement Officer
3
ORDINANCE NO. 2006-
AN ORDINANCE AMENDING ARTICLE V., ENTITLED t1DIRECT AND INDIRECT
DISCHARGE INTO SANITARY W ASTEW ATER SYSTEM" OF CHAPTER 26 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO
WASTEWATER UTILITIES BY REPEALING TIlE DEFINITION OF SEPTIC SYSTEM (ON-
SITE SEWAGE FACILITIES) AS PART OF SECTION 26-153; REPEALING SECTION 26-172
AND SECTION 26-177 IN THEIR ENTIRETY; ADOPTING AND FULLY ENFORCING THE
PROVISIONS OF CHAPTER 366, TEXAS HEALTH AND SAFETY CODE, AS AMENDED;
ADOPTING AND FULLY ENFORCING THE PROVISIONS OF CHAPTERS 7 AND 37 OF
THE TEXAS WATER CODE; PROVIDING FOR THE REGULATION AND CONTROL OF
ON-SITE SEWAGE DISPOSAL FACILITIES, INCLUDING THE ADOPTION OF THE STATE
OF TEXAS ON-SITE SEWAGE FACILITY RULES, 30 TEXAS ADMINISTRATNE CODE,
SECTIONS 285.1 THROUGH 285.91, AS PROMULGATED BY THE TEXAS COMMISSION
ON ENVIRONMENTAL QUALITY, OR ANY SUCCESSOR AGENCY; ADOPTING
ARTICLE IX, ENTITLED "ON-SITE SEWAGE FACILITIES," DNISION 1, SECTIONS 26-260
THROUGH 26-270; PROVIDING FOR THE LOCAL RULES ADOPTED BY THE CITY
REGARDING ON-SITE SEWAGE FACILITIES, NUMBERS 1 THROUGH 6, INCLUSNE;
PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS THEREOF;
PROVIDING THAT A PENALTY SHALL BE RECOVERABLE FOR EACH DAY A
PROVISION OF THIS ORDINANCE IS VIOLATED, AND EACH SUCH VIOLATION SHALL
BE A SEPARATE OFFENSE; PROVIDING FOR A CNIL FINE OF NOT TO EXCEED $1,000
PER DAY FOR VIOLATIONS OF THIS ORDINANCE, TOGETHER WITH OTHER
DESIGNATED LEGAL AND EQUITABLE REMEDIES THAT ARE AVAILABLE TO THE
CITY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN
OPEN MEETINGS CLAUSE; PROVIDING FOR THE SUBMISSION OF THIS ORDINANCE
WHICH HAS BEEN CONSIDERED BUT NOT APPROVED BY THE CITY COUNCIL TO
THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY; PROVIDING FOR CITY
COUNCIL APPROVAL THEREOF; PROVIDING FOR PUBLICATION THEREOF;
PROVIDING AN EFFECTNE DATE.
WHEREAS, the City of Denton, Texas is a home-rule municipality, having been created by
the City's Home Rule Charter, adopted by the voters at an election held on February 24, 1959; and
WHEREAS, the Texas Commission on Environmental Quality ("TCEQ") has established
Rules for on-site sewage facilities to provide the citizens of this State with adequate public health
protection; and
WHEREAS, the Texas Legislature has enacted legislation, codified as Texas Health and
Safety Code, Chapter 366, which authorizes a local government to regulate the use of on-site
sewage facilities in its jurisdiction in order to abate or prevent pollution or injury to public health
arising out of the use of on-site sewage facilities; and
WHEREAS, due notice was given to the public of a public meeting for the purpose of
determining whether the City Council of the City of Denton, Texas should enact an Ordinance
controlling or prohibiting the installation or use of on-site sewage facilities in the City of Denton,
Texas; and
WHEREAS, the City Council of the City of Denton, Texas finds that the use of on-site
sewage facilities in the City of Denton, Texas' is causing or may cause pollution, and is injuring
or may injure the public health; and
WHEREAS, the City Council of the City of Denton, Texas has considered the matter and
deems it appropriate to enact an Ordinance adopting Rules regulating on-site sewage facilities to
abate or prevent pollution, or injury to public health in the City of Denton, Texas.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SFrTION 1 That the facts and the recitations contained and cited in the preamble hereof
are hereby found and determined to be true and correct.
SECTION 2 That Section 26-153 of the Code of Ordinances of the City of Denton, Texas
is hereby amended by removing the definition of "Septic System (On-Site Sewage Facilities)" in its
entirety.
SECTION 3 That Section 26-172 of the Code of Ordinances of the City of Denton, Texas
entitled "Septic Systems" is hereby repealed in its entirety.
SECTION 4 That Section 26-177 of the Code of Ordinances of the City of Denton, Texas
entitled "Abatement of Nuisances" is hereby repealed in its entirety.
SECTION 5 That the use of On-site sewage facilities in the City of Denton, Texas is
causing or may cause pollution, or is injuring or may injure the public health;
SECTION fl. That Chapter 26, Article V of the Denton Code of Ordinances titled "Direct
and hidirect Discharge hito Sanitary Wastewater System" is hereby amended by adopting Chapter
26, Article IX "On-Site Sewage Facilities," Division 1, which contains Sections 26-260 through 26-
270, which shall read as follows:
Article IX.
DNISION 1. ON-SITE SEWAGE FACILITIES
26-260. Conflicts. This Ordinance repeals and replaces any other On-site Sewage Facility
Ordinance for the City of Denton.
26-261. Chapter 366. The City of Denton, Texas clearly understands that there are
technical criteria, legal requirements, and administrative procedures and duties associated with
regulating on-site sewage facilities, and will fully enforce Chapter 366 of the Texas Health and
Safety Code (H&SC) and Chapters 7 and 37 of the Texas Water Code (TWC), and associated
rules referenced in Section 1 of this Ordinance.
26-262. Area of Jurisdiction. The Rules shall apply to all the area lying within the
incorporated limits of the City of Denton, Texas.
2
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26-263. On-Site Sewage Facility Rules. Any permit issued for an on-site sewage facility
within the jurisdictional area of the City of Denton, Texas must comply with the Rules adopted
in Section 26-264 of this Ordinance.
26-264. On-Site Sewage Facility Rules Adopted. The Rules, Title 30 Texas Administrative
Code (TAC) 9285.1-S285.9land TAC 30, attached hereto, promulgated by the Texas
Commission on Environmental Quality for on-site sewage facilities are hereby adopted, and all
officials and employees of the City of Denton, Texas having duties under said Rules are
authorized to perform such duties as are required of them under said Rules.
26-265. Incorporation By Reference. The Rules, 30 TAC Chapters 30 and 285 and all
future amendments and revisions thereto are incorporated by reference herewith and are thus
made a part of these Rules. A copy of the current Rules is attached to these Rules as Appendix 1.
26-266. Amendments to the Rules Adopted by the City of Denton. The City of Denton,
Texas, wishing to adopt more stringent Rules for its On-Site Sewage Facility Ordinance,
understands that the more stringent conflicting local Rule(s) shall take precedence over the
corresponding Texas Commission on Environmental Quality requirement. Listed below are the
more stringent Rules adopted by the City of Denton, Texas:
1. ON-SITE SEWAGE FACILITY PERMITS
(a) A property ovvner of a residential, commercial or institutional building utilizing an
on-site sewage facility that is located on a tract of land, regardless of acreage, shall secure
and possess a permit from the City of Denton, Texas to construct, or alter, or repair, or
extend an on-site sewage facility.
2. ON-SITE SEWAGE FACILITY PLANNING REQUIREMENTS
(a) A professional sanitarian or a professional engineer shall prepare on-site sewage
facility plans.
3. LAND USE REQUlREMENTS FOR ON-SITE SEWAGE FACILITIES UTILIZING
PRIVATE WATER WELLS
(a) Lots or tracts ofland platted or created after the Effective Date of these Rules shall
have a minimum area of two (2) acres, when a private water well is located on that tract of
land.
4. LAND USE REQUIREMENTS FOR ON-SITE SEWAGE FACILITY UTILIZING
PUBLIC WATER SYSTEMS
(a) Lots or tracts of land that are platted or created after the Effective Date of these
Rules shall have a minimum area of one (1) acre. .
5. MAINTENANCE OF SURFACE IRRIGATION SYSTEMS
(a) CommerciallInstitutional Buildings.
3
S :\Our Documents\Ordinances\06\Adoption of On-Site Sewage Facilities Rules-Ordinance-C.doc
A maintenance company shall inspect each system and test the effluent after
disinfection, at least once every four (4) months, for concentrations of Carbonaceous
Biochemical Oxygen Demand (mgll "CBOD") and Total Suspended Solids (mg/l
"TSS").
6. AEROBIC TREATMENT TANKS
(a) Aerobic treatment tanks shall not be installed at a depth greater than two (2) feet
measured from the top of the tank: lid to the top of the tank excavation. All other
requirements adopted by the Texas Commission on Environmental Quality or its successor
agency, shall apply.
26-267. Duties and Powers. The OSSF Inspector of the City of Denton, Texas, must be
certified by the Texas Commission on Environmental Quality before assuming the duties and
responsibilities.
26-268. Collection of Fees. All fees collected for permits and/or inspections shall be
made payable to the City of Denton, Texas.
26-269. Appeals. Persons aggrieved by an action or decision of the designated
representative may appeal such action or decision to the City Council of the City of Denton~
Texas.
26-270. Penalties. This Ordinance adopts and incorporates all applicable penalty
provisions related to on-site sewage facilities, which includes, but is not limited to, those found
in Chapters 341 and 366 of the Texas Health and Safety Code, Chapters 7, 26, and 37 of the
Texas Water Code and 30 TAC Chapters 30 and 285.
SErTION 1 It is hereby declared to be the intention of the City Council of the City of
Denton, Texas, that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance
are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should
be declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, or sections of this Ordinance, since the same would have been enacted by
the City Council without incorporation in this Ordinance of such unconstitutional phrases, clause,
sentence, paragraph, or section
SErTION 2 That in the event anyone or more provisions of this ordinance are held by
a court or an administrative agency of competent jurisdiction to be illegal, invalid or
unenforceable in any respect, the City shall make a good faith effort to remedy the defect, if any,
to fulfill the purpose and intent ofthis ordinance.
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.
SECTION 4, That it is hereby officially found and determined that the meeting at which
4
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this ordinance is passed was 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 by the Open Meetings Act, as amended
Texas Government Code, Chapter 551; and that a quorum of the City Council was present.
SFC:TTON 5. This Ordinance shall. be in full force and effect from and after its
effective date as required by law and upon the subsequent approval of the Texas Commission on
Environmental Quality. That this ordinance, in accordance with City of Denton Charter, Sec.
2.09(c}, shall become effective fourteen (14) days after this ordinance is approved by the City
Council, but after the date of its later approval by the Texas Commission on Environmental
Quality, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton,
Texas, within ten (lO) days of the date of its later approval by the Texas Commission on
Environmental Quality. Following the passage of the ordinance by the Denton City Council and
later approval of the ordinance by the Texas Commission on Environmental Quality, the
publication of notice of the ordinance as required by the Charter, and after the effective date of the
ordinance, as stated in this Section, the City Secretary shall thereafter send by U.S. Mail a true and
correct certified copy of this ordinance as enacted, of the minutes of the City Council pertinent
thereto, the proof of publication of notice relating thereto, an Affidavit relating to the submission,
and all other documents that may be pertinent; to the Texas Commission on Environmental Quality,
Supervisor, On-Site Sewage Disposal Facilities Department, Austin, Texas.
PASSED AND APPROVED this the
day of
, 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By.WA g~
5
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EXHIBIT 2
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2006
DEPARTMENT:
City Manager's Office
CM:
Howard Martin, Interim City Manager
SUBJECT
A resolution of the City Council of the City of Denton, Texas, authorizing the Mayor, as
representative of the City, to issue a letter designating the Geriatric Services Workgroup,
as "Local Council" for the purposes of geriatric services planning; and providing an
effective date.
BACKGROUND
Mayor Brock requested that this item be placed on the January 17, 2006 City Council
agenda.
ATTACHMENTS
1. Letter from UNT Department of Applied Gerontology
2. Resolution
Respectfully submitted:
Jennifer Walters
City Secretary
't '}t,
UNIVERSITYoj
NORTH TEXAS
Center for Studies in Aging
Department of Applied Gerontology
December 2, 2005
Euline Brock
City of Denton
215 E. McKinney Street
Denton, TX 76201
Dear Mayor Brock,
The Geriatric Services Workgroup, an outgrowth ofthe Denton Healthy Communities Coalition,
is a partnership of local agencies, caregivers, businesses, community leaders, hospitals,
NCTCOG Area Agency on Aging and the University of North Texas. The Geriatric Services
Workgroup meets on a regular basis to create a community approach to developing services and
policies to address issues facing the elderly and their caregivers in Denton.
The Geriatric Services Workgroup requests to be designated, in writing, as the local aging
planning council. As the designated aging planning council, the Geriatric Services Workgroup
will be eligible for federal, state, and foundation grants dedicated to improve geriatric services.
This letter includes a draft resolution for your convenience.
The Geriatric Services Workgroup would like for the City of Denton to appoint a community
leader to meet with us as we pIan for the future of geriatric services in Denton. The next meeting
of the Geriatric Services Workgroup is July 8 at 12:30 P.M. in the Community Room of the
Denton Regional Medical Center Professional Office Building.
Sincerely,
~
K. Whisnant Turner, Ph.D.
Director of the Institute for Mediation in Aging
Department of Applied Gerontology
The University of North Texas
P.O. Box 310919. Demon, Texas 76203-0919. (940) 565-2765
Fax (940) 565-4370. TTY (800) RELAY TX. W\v'W.um.edu/aging
S:\Our Documents\Resolutions\06\Geriatric.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE MAYOR, AS REPRESENTATIVE OF THE CITY, TO ISSUE A
LETTER DESIGNATING THE GERIATRIC SERVICES WORKGROUP, AS "LOCAL
COUNCIL" FOR THE PURPOSES OF GERIATRIC SERVICES PLANNING; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, local aging councils help develop, operate, or enhance geriatric services for
the elderly; and
WHEREAS, a 10cal group of agencies, caregivers, businesses, community leaders,
hospitals, NCTCOG Area Agency on Aging, and the University of North Texas have formed a
partnership called the Geriatric Services Workgroup; and
WHEREAS, for a group to apply for some grants it must be designated as a "local
council" by the appropriate governmental entity; and
WHEREAS, the Council of the City of Denton finds that it is in the public interest to
designate the Geriatric Services Workgroup as the "local council" for purposes of application for
grants and planning; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOL YES:
SECTION 1. The City Council hereby designates the Geriatric Services Workgroup as
"Local Council" for the purposes of obtaining grant funds and geriatric services planning.
SECTION 2. The Mayor is authorized to issue a letter to the Geriatric Services
Workgroup designating the Geriatric Services Workgroup as "Local Council" for the purposes of
geriatric services planning and enclosing a copy of this Resolution.
SECTION 3. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
S:\Our Documents\Resolutions\06\Geriatric.doc
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
By:f~~
S~\Our Documents\FOJlIISWS- Ethics Polity for E1(l(:tcQ: and Appomted Offic:i.aIs.doc:
AGENDA INFORMATION SHEET
AGENDA DATE: January 17, 2006
DEPARTMENT: Legal
CMlDCM/ACM: Edwin M. Snyder, City Attorney
SUBJECT: Consider approval of a resolution adopting an amendment to the Ethics Policy for
Elected and Appointed Officials for the City of Denton, Texas; and providing an effective date.
BACKGROUND: On May 18, 2004 City Council passed Resolution R2004-025 adopting an
Ethics Policy for Elected and Appointed Officials for the City of Denton. The City Council
Ethics Committee is recommending an amendment to the policy set forth in paragraph 7 to
provide that, as a representative of the City of Denton, one will not be delinquent in paying
monies owed the City, i.e. city taxes, utility service charges, or other obligations owed the City.
OPTIONS
1. The City Council may adopt the resolution or suggest amendments; or
2. The City Council may decline to adopt the resolution.
FISCAL IMPACT There will be no financial impact as a result of this resolution.
S:\Our Documenl$~solutions\06\E1hics Policy--Amendm.mI:.DOC
RESOLUTION NO.
A RESOLUTION AMENDING THE ETHICS POLICY FOR ELECTED AND
APPOINTED OFFICIALS FOR THE CITY OF DENTON, TEXAS; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, on May 18, 2004 City Council passed Resolution R2004-025 adopting an
Ethics Policy for Elected and Appointed Officials and upon a recommendation by the Council
Ethics Sub-committee hereby approves an amendment to the policy as set forth herein; and
WHEREAS, the City Council of the City of Denton acknowledges that our government
is a representative democracy and those who are elected or appointed to serve others as
representatives accept a public trust that requires them to faithfully and diligently fulfill their
public responsibilities; and
WHEREAS, the City Council of the City of Denton recognizes the those individuals
who serve as public servants must adhere to a higher ethical standard of conduct since the
activities of government should benefit the community as a whole and should never benefit the
individual interest of public decision makers; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the following ETHICS POLICY for Elected and Appointed
Officials - City of Denton, Texas, which shall apply to all elected and appointed officials ofthe
City, is hereby amended to read as follows:
ETHICS POLICY for Elected and Appointed Officials - City of Denton, Texas.
This Ethics Policy has been adopted to encourage and ensure the highest standards of personal
and public conduct during tenure in office. Adherence to this Policy will maintain the
confidence and trust in the decision-makers and representatives of the City who must remain
independent, impartial, and accountable to the people they serve. In addition, elected and
appointed officials must adhere to Texas state statues and City Charter provisions and City
Council Rules of Procedure governing their conduct. These are listed at the end of this Policy.
Thus, elected City Council Members as well as appointed members of the City's Boards and
Commissions are asked to subscribe to the Texas statutes, City of Denton Charter, Rules of
Procedures for City Boards and Commissions, and this Ethics Policy.
1. As a representative of the City of Denton, I will be ethical.
I will act with integrity and moral courage. I will be absolutely truthful. I will make impartial
decisions that are free of bribes, unlawful gifts, narrow political interests and other personal
interests that might impair my independence of judgment. I will always decide what is best for
the whole city. I will respect confidences and information designated "confidential" to the extent
S~\Our Docmn~utions\06\Ethics Policy-Ameodmcnl.DOC
permitted by law. I will use my title and city logo or letterhead only when conducting official
City business and will not exceed my authority.
2. As a representative of the City of Denton, I will be service-oriented.
I will be friendly, receptive, courteous, and respectful to everyone. I will be attuned to and care
about the needs and issues of all Denton citizens.
3. As a representative of the City of Denton, I will be fiscally responsible.
I will make prudent decisions, taking into account the long-term financial needs of the City and
its financial stability. I will make decisions that seek to promote programs and services for City
residents.
4. As a representative of the City of Denton, I will be communicative.
I will communicate that I am approachable, open-minded and willing to enter into dialog. I will
listen carefully and my response will add value to the conversation.
5. As a representative of the City of Denton, I will be cooperative.
I will work toward consensus building and gain value from diverse opinions. I will approach
my position and relationships with a positive attitude. I will consider the broader regional and
statewide implications of decisions. I will work with the Universities, DISD, the Chambers of
Commerce, other governmental entities, and local nonprofit agencies and others as partners on
common Issues.
6. As a representative of the City of Denton, I will be progressive and receptive to new
ideas.
I will promote intelligent and thoughtful innovation whenever possible. I will be sensitive to the
need for compromise, to think creatively, and improve existing models when necessary. I will
keep my knowledge ofloca! government current and growing.
7. As a representative of the City of Denton, I will not be delinquent in paying monies
owed the City.
I will not be in arrears on any city taxes, utility service charges, or other obligations owed the
City.
Elected officials and appointed officials, boards and commissions must adhere to the following
Texas statutes:
Civil Statutes
Open Meetings Act (Tex. Govt. Code. Ann. Ch. 551)
Public fuformation Act/Open Records Act (Tex. Govt. Code. Ann. Ch. 552)
Conflicts offuterest (Tex. Loc. Govt. Code, Ch. 171, Ch. 212)
Official Misconduct (Tex. Penal Code, Ch. 36, Ch. 39)
Nepotism (Tex. Rev. Civ. Stat. Ann., arts. 5996a & 5996b)
Whistleblower Protection (Tex. Rev. Civ. Stat. Ann., art. 6552-16a)
Page 2 of3
S:"Onr I:k,x-,um~lLtiomi\06\Ethks Policy-Amf:Ildmmt.DOC
Competitive Bidding and Procurement (espec. Tex. Loc. Govt. Code, Ch. 252)
State Penal Laws
Bribery (Tex. Penal Code, 9 36.02)
Coercion of Public Servant or Voter (Tex. Penal Code, 9 36.03)
Improper Influence (Tex. Penal Code 9 36.04)
Tampering with a Witness (Tex. Penal Code 9 36.04)
Retaliation (Tex. Penal Code 936.06)
Gifts to Public Officials (Tex. Penal Code 9 36.08)
Offering Gift to Public Servant (Tex. Penal Code 936.09)
Abuse of Office (Chapter 39)
Official Misconduct (Tex. Penal Code 939.01)
Official Oppression (Tex. Penal Code 9 39.02)
Misuse of Official Information (Tex. Penal Code 939.03)
City Documents
In addition, the City of Denton Charter, the City Council Rules of Procedure, House Rules and
Code of Election Ethics are applicable.
The Ethics Policy is designed as a positive guide to the behavior and decorum of Council and
board members as they represent the citizen1? of Denton. I will voluntarily accept reprimand
from my colleagues ifI should act contrary to this policy.
SECTION 2. This resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
BY:
Page 3 of3
AGENDA INFORMATION SHEET
AGENDA DATE: January 17,2005
DEPARTMENT: Utilities
CM:
Howard Martin, 349-8232
..
SUBJECT
Consider approval of a Surface Site Easement Agreement granting such easement to NGG
Gathering Company, LLC, Which easement is located in an approximate 245 acre Tract of Land
owned by the City of Denton and located in the G. Walker Survey, Abstract No. 1330, consisting
of a 4.378 acre, and a 0.344 acre parcel ofland; and providing an effective date thereof. (The
Public Utilities Board recommends approval 5-0.)
BACKGROUND
NGG is proposing to construct a natural gas gathering and transportation system across the city
owned property north of the Wastewater Treatment Plant to a compressor site adjacent to the
existing ATMOS (formerly TXU) compressor station south of East McKinney Street.
This request is for two separate parcels. The 4.378-acre parcel will house a compressor station to
process the natural gas before transporting it to the ATMOS public distribution system. The
0.344-acre parcel will be a 100' x 150' valve and metering facility where the NGG line ties into
the ATMOS line. This site is also adjacent and similar to the existing ATMOS site on East
McKinney Street.
These sites have been reviewed by and established with the assistance of city staff from various
departments. Both parcels have also been approved through the Development Review Committee
process, and by the Public Utility Board. These facilities will benefit the public by increasing the
amount of natural gas available for consumption and help eliminate the shortages of supply
during peak winter months. NGG will pay $84,996.00 as consideration for the Surface Site
Easement. This amount has been determined based on recent appraisals completed for other City
projects in the same area, which have indicated a fair market value of $18,000.00 per acre.
OPTIONS
1. Recommend that the City Council approve the proposed agreement
2. Not recommend that the City Council approve the proposed agreement
3. Table for future consideration
RECOMMENDA TION
Recommend approval of the Surface Site Easement Agreement with NGG Gathering Company,
LLC.
ESTIMA TED SCHEDULE
Design for the Project has already been completed. Project mobilization is scheduled for early
2006.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
Public Utility Board - January 9, 2005
FISCAL INFORMATION
Not applicable
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Surface Site Easement Agreement
3. PUB Minutes
Respectfully submitted,
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Jimmy D. Coulter
Director of W ater/W astewater
Water Administration
Pamela England
Real Estate Specialist
Real Estate and Capital Support
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C:\DOCUME--l \cadick\LOCALS-l \Temp\NGG Surface Site Easement Ordinance. doc
ORDINANCE NO.
AN ORDINANCE APPROVING A SURFACE SITE EASEMENT AGREEMENT
GRANTING SUCH EASEMENT TO NGG GATHERING COMPANY, LLC, WHICH
EASEMENT IS LOCATED IN AN APPROXIMATE 245 ACRE TRACT OF LAND OWNED
BY THE CITY OF DENTON AND LOCATED IN THE G. WALKER SURVEY, ABSTRACT
NO. 1330; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, NGG Gathering Company, LLC ("Grantee") has requested that the City
enter into a Surface Site Easement Agreement, a copy of which is attached hereto and made a
part hereof by reference (the "Easement Agreement"), and
WHEREAS, the City Council fmds that the Easement Agreement is in the public interest
and the consideration being paid by Grantee constitutes fair market value for the Easement
Agreement; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are true and correct and are incorporated herein by reference.
SECTION 2. The Easement Agreement is hereby approved. The Interim City Manager or
his designee is hereby authorized to execute the Easement Agreement on behalf of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
BY:
EXHIBIT 2
DRAFT
PUBLIC UTILITIES BOARD MINUTES
JANUARY 9,2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Presiding Chair of the Public Utilities Board convened into an Open Meeting on
Monday, January 9, 2006 at 9:40 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
PRESENT: John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell
Bob Bland (arrived a 9:48 a.m.)
ABSENT: Dick Smith
EX OFFICIO MEMBER:
Howard Martin
Chair, Charldean Newell, called the meeting to order at 9:00 a.m. to consider the following
items under the Consent Agenda.
The Public Utilities Board has received background information, staff s recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration. Detailed
information is attached to each Consent Agenda item.
CONSENT AGENDA:
Listed below are bids, purchase orders or other matters to be brought before the Public Utilities
Board to be considered and approved for payment or other action under Consent Agenda Items 1
through 6 inclusive. Detailed information is attached to each Consent Agenda item. This listing
is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or
withdraw an item prior to approval of the Consent Agenda. If the item is pulled from
consideration for separate discussion, prior to its consideration, such item will be considered as
the first item(s) taken up under the "Items For Individual Consideration" section of the agenda,
set forth below. The remaining Consent Agenda Items will be approved with one motion, a
second, and by a majority vote of the Public Utilities Board Members who are present.
1) Consider recommending approval of an Agreement between the City of Denton and Rayzor
Investments, Ltd. for the abandonment of a certain public utility easement recorded in
Volume 504, Page 456 of the Real Property Records of Denton County, Texas and being in
the Asa Hickman Survey, Abstract No. 521.
2) Consider recommending approval of an Underground Pipeline Easement Agreement granting
such easement to NGG Gathering Company, LLC, which easement is located in an
approximate 85-acre tract of land owned by the City of Denton and located in the G. Walker
Survey, Abstract No. 1330 consisting of an approximate 2.14 acre parcel ofland, and a 0.93
acre parcel out of the Municipal Utility Addition owned by the City of Denton situated in the
Mary Austin Survey, Abstract Number 4, filed of record in Cabinet "G", Page "346" Plat
Records, Denton County.
EXHIBIT 3
Public Utilities Board Agenda
January 9, 2006
Page 2
3) Consider recommending approval of a Surface Site Easement Agreement granting such
easement to NGG Gathering Company, LLC, which easement is located in an approximate
245 acre tract ofland owned by the City of Denton and located in the G. Walker Survey,
Abstract No. 1330, consisting of 4.378 acres parcel ofland and a 0.344 acre parcel ofland.
4) Consider recommending approval of the unit prices in Bid # 3433 and awarding a two-year
agreement for the purchase of decorative streetlight fixtures to Hadco Lighting, 100
Craftway, P.O. Box 128, Littlestown, Pennsylvania, in the estimated annual expenditure
amount of $89,250.
Consent Agenda Items 5 and 6 were pulled from the Consent Agenda. Board Member Phil
Gallivan moved to approve Consent Agenda Items #1 through #4 with a second from
Board Member John Baines. The motion was approved by a vote of 5-0.
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2005
CM:
Utilities
Howard Martin, 349-8232 ..
DEPARTMENT:
SUBJECT
Consider approval of a Underground Pipeline Easement Agreement granting such easement to
NGG Gathering Company, LLC, which easement is located in an approximate 85 acre tract of
land owned by the City of Denton and located in the G. Walker Survey, Abstract No. 1330, and
also a part of the called 245.00 acre tract owned by the City of Denton located in the G. Walker
Survey, Abstract No. 1330, consisting of an approximate 2.14 acre parcel ofland, and 0.407 and
0.623 acre parcels out of the Municipal Utility Addition owned by the City of Denton situated in
the Mary Austin Survey, Abstract Number 4, Filed of Record in Cabinet "G", Page "346" Plat
Records, Denton County, Texas; and providing an effective date thereof. (The Public Utilities
Board recommends approval 5-0.)
BACKGROUND
NGG is proposing to construct a natural gas gathering and transportation system across the city
owned property south of the Municipal Utility Addition, and north of the Wastewater Treatment
Plant connecting to a compressor site adjacent to the existing ATMOS (formerly TXU)
compressor station south of East McKinney Street. The pipeline will cross several sanitary sewer
lines, Pecan Creek, and consists of a 2. 14-acre, 0.407-acre, and a 0.623-acre parcel.
Engineering plans for the pipeline have been approved through the Development Review
Committee process, and the easement has been approved by the Public Utility Board. The
easement areas follow an existing utility corridor. NGG will pay $69,074.00.00 as consideration
for the easement, which is based on $10.00 per lineal foot, which is consistent with the gas
pipeline market transactions applicable to this area.
OPTIONS
1. Recommend Approval of the Easement
2. Not Recommend Approval of the Easement
3. Table for future consideration
RECOMMENDA TION
Staff Recommends Approval of the Underground Pipeline Easement Agreement with NGG
Gathering Company, LLC.
ESTIMA TED SCHEDULE
Design for the Project has already been completed. Project mobilization is scheduled for early
2006.
PRIOR ACTIONIREVIEW (Council, Boards, Commissions)
Public Utility Board - January 9, 2005
FISCAL INFORMATION
Not applicable
BID INFORMATION
Not applicable
EXHIBITS
1. Location Map
2. Underground Pipeline Easement Agreement
3. PUB Minutes
Prepared by:
Pamela England
Real Estate Specialist
Real Estate and Capital Support
Respectfully submitted,
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Jimmy D. Coulter
Director of W ater/W astewater
Water Administration
S:\Our Documents\Ordinances\06\NGG Underground Pipeline Ordinance2.DOC
ORDINANCE NO.
AN ORDINANCE APPROVING AN UNDERGROUND PIPELINE EASEMENT AGREEMENT
GRANTING SUCH EASEMENT TO NGG GATHERING COMPANY, LLC, WHICH
EASEMENT IS LOCATED IN AN APPROXIMATE 85 ACRE TRACT OF LAND OWNED BY
THE CITY OF DENTON AND LOCATED IN THE G. WALKER SURVEY, ABSTRACT NO.
1330, AND ALSO A PART OF THE CALLED 245.00 ACRE TRACT OWNED BY THE CITY OF
DENTON LOCATED IN THE G. WALKER SURVEY, ABSTRACT NO. 1330, CONSISTING OF
AN APPROXIMATE 2.14 ACRE PARCEL OF LAND, AND A 0.407 AND 0.623 ACRE
PARCELS OUT OF THE MUNICIPAL UTILITY ADDITION OWNED BY THE CITY OF
DENTON SITUATED IN THE MARY AUSTIN SURVEY, ABSTRACT NUMBER 4, FILED OF
RECORD IN CABINET "0", PAGE "346" PLAT RECORDS, DENTON COUNTY, TEXAS; AND
PROVIDING AN EFFECTIVE DATE THEREOF.
WHEREAS, NGG Gathering Company, LLC ("Grantee") has requested that the City enter
into an Underground Pipeline Easement Agreement, a copy of which is attached hereto and made a
part hereof by reference (the "Easement Agreement"), and
WHEREAS, the City Council finds that the Easement Agreement is in the public interest and
the consideration being paid by Grantee constitutes fair market value for the Easement Agreement;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
true and correct and are incorporated herein by reference.
SECTION 2. The Easement Agreement is hereby approved. The Interim City Manager or his
designee is hereby authorized to execute the Easement Agreement on behalf of the City.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
,2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
EXHIBIT 2
APPROVED AS TO FORM:
EDWIN M. SNYDE CITY ATTORNEY
BY:
Page 2
DRAFT
PUBLIC UTILITIES BOARD MINUTES
JANUARY 9,2006
After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was
present, the Presiding Chair of the Public Utilities Board convened into an Open Meeting on
Monday, January 9, 2006 at 9:40 a.m. in the Service Center Training Room, City of Denton
Service Center, 901-A Texas Street, Denton, Texas.
PRESENT: John Baines, Bill Cheek, Phil Gallivan, George Hopkins, Charldean Newell
Bob Bland (arrived a 9:48 a.m.)
ABSENT: Dick Smith
EX OFFICIO MEMBER:
Howard Martin
Chair, Charldean Newell, called the meeting to order at 9:00 a.m. to consider the following
items under the Consent Agenda.
The Public Utilities Board has received background information, staff s recommendations, and
has had an opportunity to raise questions regarding these items prior to consideration. Detailed
information is attached to each Consent Agenda item.
CONSENT AGENDA:
Listed below are bids, purchase orders or other matters to be brought before the Public Utilities
Board to be considered and approved for payment or other action under Consent Agenda Items 1
through 6 inclusive. Detailed information is attached to each Consent Agenda item. This listing
is provided on the Consent Agenda to allow Public Utilities Board Members to discuss or
withdraw an item prior to approval of the Consent Agenda. If the item is pulled from
consideration for separate discussion, prior to its consideration, such item will be considered as
the first item(s) taken up under the "Items For Individual Consideration" section of the agenda,
set forth below. The remaining Consent Agenda Items will be approved with one motion, a
second, and by a majority vote of the Public Utilities Board Members who are present.
1) Consider recommending approval of an Agreement between the City of Denton and Rayzor
Investments, Ltd. for the abandonment of a certain public utility easement recorded in
Volume 504, Page 456 of the Real Property Records of Denton County, Texas and being in
the Asa Hickman Survey, Abstract No. 521.
2) Consider recommending approval of an Underground Pipeline Easement Agreement granting
such easement to NGG Gathering Company, LLC, which easement is located in an
approximate 85-acre tract of land owned by the City of Denton and located in the G. Walker
Survey, Abstract No. 1330 consisting of an approximate 2.14 acre parcel ofland, and a 0.93
acre parcel out of the Municipal Utility Addition owned by the City of Denton situated in the
Mary Austin Survey, Abstract Number 4, filed of record in Cabinet "G", Page "346" Plat
Records, Denton County.
EXHIBIT 3
Public Utilities Board Agenda
January 9, 2006
Page 2
3) Consider recommending approval of a Surface Site Easement Agreement granting such
easement to NGG Gathering Company, LLC, which easement is located in an approximate
245 acre tract ofland owned by the City of Denton and located in the G. Walker Survey,
Abstract No. 1330, consisting of 4.378 acres parcel ofland and a 0.344 acre parcel ofland.
4) Consider recommending approval of the unit prices in Bid # 3433 and awarding a two-year
agreement for the purchase of decorative streetlight fixtures to Hadco Lighting, 100
Craftway, P.O. Box 128, Littlestown, Pennsylvania, in the estimated annual expenditure
amount of $89,250.
Consent Agenda Items 5 and 6 were pulled from the Consent Agenda. Board Member Phil
Gallivan moved to approve Consent Agenda Items #1 through #4 with a second from
Board Member John Baines. The motion was approved by a vote of 5-0.
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17,2006
CM:
Planning and Development Diiiartment
Howard MartIn, 349-8232' .
DEPARTMENT:
SUBJECT DCA05-0010: Tree preservation associated with gas well development, gas
pipeline installation, and fiber optic line installation.
Hold a pubic hearing and consider adopting an ordinance regarding Subchapter 13, Site Design
Standards, of the Development Code related to tree preservation requirements associated with
gas well development, gas pipeline installation, and fiber optic line installation.
BACKGROUND
Applicant: City of Denton, Texas
The City Council Committee on the Environment met on March 29, 2005 to discuss options for
code amendments to address tree preservation near gas wells, transmission lines, and fiber optic
lines. The City Council Tree Subcommittee met on November 21, 2005 to discuss these same
topics. Staff presented three options. The reason for pursuing such an amendment is that the
Council Committee on the Environment was concerned with the fairness of allowing the gas line
developers to not have to pursue any tree mitigation leaving the surface rights owner to be
responsible for all the tree mitigation at a later time.
This amendment would require 25% mitigation using exclusively the tree fund for every tree
removed from the pad site, transmission and/or fiber optic line easement. For example, if a gas
well impacts three acres of a ten-acre site with trees, the gas well development provides a tree
inventory for the three-acre portion of the site. The gas well development pays into the Tree
Fund for the caliper inches of trees removed on 25% of the three-acre site (0.75 acres) at the rate
of $125 per caliper inch. When the remaining seven acres of the ten-acre site is developed, the
land developer provides a tree inventory for the seven-acre portion of the site. Future
development on this seven-acre site preserves or mitigates 25% or 1.75 acres. The total ten-acre
site has accomplished 25% mitigation or preservation of trees, through joint efforts of the surface
property owner and the mineral rights owner.
PRIOR ACTION / REVIEW
March 29, 2005
October 12, 2005
October 26, 2005
November 21,2005
December 14,2005
City Council Committee on the Environment
Planning and Zoning Work Session
Planning and Zoning Work Session
City Council Tree Subcommittee
Planning and Zoning Public Hearing
OPTIONS
1. Adopt as submitted
2. Adopt with conditions
3. Deny
4. Postpone consideration
5. Table
RECOMMENDA TIONS
The Planning and Zoning Commission recommends approval, 7-0. The City Council Committee
on the Environment and the City Council Tree Subcommittee also recommend the adoption
amendment.
ATTACHMENTS
1. March 29,2005 staff report
2. March 29,2005 City Council Committee on the Environment meeting minutes
3. November 21,2005 City Council Tree Subcommittee meeting minutes
4. Planning and Zoning Commission minutes
5. Ordinance
Respectfully submitted:
Kelly Carpenter, AICP
Director of Planning and Development
AGENDA INFORMATION SHEET
TO:
Environment Committee Members
AGENDA DATE:
March 29,2005
ACM:
Howard Martin, Utilities 349-8232
SUBJECT
Receive a report and hold a discussion regarding information requested by the Environment
Committee concerning tree preservation requirements associated with gas well development, gas
pipelines installation and fiber optic line installation within the City of Denton.
BACKGROUND
During the January 31, 2005 Environment Committee meeting, staff was directed to investigate
alternative options related to tree preservation associated with the installation of gas wells, gas
transmission lines and fiber optic lines. As the installation of these types of development is non-
residential, current tree preservation regulations would require 25% of all the trees on the
effected property to be preserved. However these types of development typically do not remove
more than 75% of the trees on a given property, so the impact (or burden) for preservation falls
to the surface owner and also becomes a tracking issue for staff.
Staff has identified three options to address this issue:
1. Apply current regulations.
Advantages
. Same approach currently used for other non-residential developments.
Di sadvantages
. Problem defining the "property" - surface owner property or mineral lease
boundaries?
. Installation is linear and may only effect a small portion of the property, however, a
tree inventory for the entire property will need to be submitted by the applicant and
reviewed by staff.
. Surface owner bears the burden of the decisions made by mineral owner.
. In some cases, mineral owner could greatly influence the future development of the
surface by using up tree "allocation"
. Will be difficult to track.
. Will likely result in mineral right holder and/or fiber optic installer never having to
pay for tree preservation, unless they remove the only trees on the property or lease.
2. 100 percent replacement through mitigation funds or planting on site -
Advantages -
. Landowner is protected completely from tree preservation preventing future
development of property.
. Landowner starts with "fresh slate" when developing the land in the future
. No extensive tree tracking required for properties
. Encourages gas well industry to stay away from trees
Di sadvantages
. Concern is that this approach singles out mineral developers and installer of fiber
optic lines as "different" from other developers. (legally and politically viable?)
. Requires guidelines for planting on site. (must be as near as possible to the area where
trees are removed, must have property owners approval, may impact future
development. Who checks, how do we verify survival, etc...?)
. Allows for piecemeal approach to removing trees.
. May not work for certain properties ... must have enough non-treed land space to
mitigate
3. 25% mitigation through tree fund only, for every tree removed from pad sit or transmission
and/or fiber optic line easement
Advantages
. Similar to existing code (25%)
. Does not single out gas well development as an industry.
. Removes ambiguity associated with surface owner / mineral owner relationship.
. By requiring mitigation in the form of funds with no on-site mitigation and a "clean
slate" for the surface property owner, this approach minimizes the need to track tree
removal on the property. Tree removal is assessed when gas and/or fiber optic
development occurs, and is assessed again on remaining trees when future land
development occurs.
. Encourages applicants to not remove trees, but is not more restrictive than current
code
. Will minimize a mineral right holder being able to influence the future development
of land.
Di sadvantages
. May be perceived by gas well and fiber optic industry as inflexible.
. Does not result in as many on site trees, but does result in more money into the tree
fund, which may allow the city to purchase and set aside high quality tree stands.
. Surface owner will not have as many on-site trees (but will not be much different than
a full development scenario) ... may create a situation where the only trees on a
property are removed (this should be rare).
Example - 10-acre property completely covered in trees
Assumptions:
. Gas well impacts 3 acres (pad site, driveway, transmission line...)
. Future development meets preservation requirement.
Option 1 (Current regulations)
. Gas well development provides a tree inventory
. Gas well development is not required to mitigate tree loss
. Original tree inventory used at time of future development
. Future development preserves or mitigates 2.5 acres of trees (25% of original trees, but
35%::1: of remaining property)
Option 2 (100% mitigation for gas well development & current regulation on remaInIng
development)
. Gas well development provides a tree inventory on effected land (3 acres)
. Gas well development mitigates 100% of trees removed (3 acres)
. Future development provides a tree inventory on remaining 7 acres
. Future development preserves or mitigates 25% of remaining 7 acres = 1. 75 acres
. Total development preserves or mitigates 4.75 acres of trees (47.5% of all trees)
Option 3 (25% mitigation for gas well development & current regulation on remaInIng
development)
. Gas well development provides a tree inventory on effected land (3 acres)
. Gas well development mitigates (tree fund) 25% of trees removed (0.75 acres)
. Future development provides a tree inventory on remaining 7 acres
. Future development preserves or mitigates 25% of remaining 7 acres = 1. 75 acres
. Total development preserves or mitigates 2.5 acres of trees (25% of all trees)
RECOMMENDA TION:
Staff recommends amending the current tree preservation regulation to include Option 3. Option
3 has the same net results of the current regulations but distributes the requirements for
preservation evenly to all parties that remove trees. Option 3 also has the potential to generate
revenue for the tree fund. An account has been set up to receive these funds. Funds received in
this account will only be allocated for tree preservation activities, including acquisition of land,
tree planting, restoration activities, or similar.
Respectfully submitted:
Kenneth Banks
Division of Environmental Quality Mgr.
Larry Reichhart
Assistant Director of Planning and Development
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CITY OF DENTON ENVIRONMENT COMMITTEE MEETING MINUTES
March 29, 2005
After determining that a quorum of the Environment Committee of the City of Denton,
Texas was present, the Environment Committee convened into an Open Meeting on
Tuesday, March 29, 2005, at 12:30 p.m. in the Solid Waste Administration Building,
1527 South Mayhill Road, Denton, Texas.
PRESENT:
Mayor Euline Brock
Councilmember and Committee Chair Joe Mulroy
Councilmember Jack Thomson
EX OFFICIO MEMBERS
Howard Martin, ACM Utilities
Jim Coulter, Director of Water Utilities
Kenneth Banks, Water Resources Program Manager
Katherine Barnett, Utilities Special Project Coordinator
ALSO PRESENT: Kelly Carpenter, Director of Planning
Tim Fisher, Assistant Director Water Utilities
Larry Reichhart, Assistant Director of Planning
DeAnna Sanchez, Planner I
Tony Smith,
Dave W achal, Water Utilities Coordinator
Shirlene Sitton, Recycling Manager
Antonio Puente, Budget Coordinator
Dedra Ragland, Comprehensive Planning and Research Manager
The Environment Committee convened its Open Session at 12:40 p.m. Committee Chair,
Joe Mulroy, informed the Committee that there were six agenda items for consideration.
ITEMS FOR INDIVIDUAL CONSIDERATION:
1) Consider approval of the Environment Committee meeting minutes of:
(a) January 31, 2005
Minutes were approved as circulated.
2) Receive a report, hold a discussion and give staff direction regarding
information requested by the Environment Committee concerning producing
more timely and accurate GIS representation of gas well, pipeline pathways, and
pipeline sizes within the City of Denton.
DeAnna Sanchez gave a presentation on the above agenda item. This presentation
offered three options:
. Option 1:
Use Railroad Commission data only
Advantages:
Small expense for data ($600 per year, acquisition)
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Minimal employee time (1 day, 1 employee; per quarter)
No need to change existing City of Denton approach
One source of data - easy to track
Extends into Denton's ETJ
Di sadvantages:
Data are incomplete and may have substantial time lag
. Option 2:
Obtain information from pipeline / drilling companies when future
plats are filed / permits issued.
Advantages:
Will be more timely and inclusive than railroad
commission data
Disadvantages -Multiple sources of information, most likely in different
forms - difficult to track
-Relies on companies to supply this information and
assumes that the information is available. Some resistance
from the companies should be expected
-Will require additional employee time and effort.
Assuming complete compliance, it is estimated that
approximately 1-1.5 additional hours will be needed per
plat.
- Will require some code revisions to require this
information. Can we require this information on private
property easements? If so, how do we capture the
information?
-Problem with wells being drilled and shut in - how to
capture future pipeline information. Speculative pipeline
information may be submitted with the gas well plat permit,
but may change in the future.
- The information will end at the City limit line
- This approach does not solve the problem of PAST
pipelines and wells that exist but are not within our current
database or Railroad Commission database
. Option 3. Obtain information as in Option 2 and combine with reconstructed
past information
Advantages: Best approach for producing timely and inclusive data
Disadvantages -All of the disadvantages outlined in Option 2
-Information will still end at the corporate limits of the
City. May be able to partially offset this problem by
requiring information as a part of annexation, but no
guarantees on completeness.
-Information may be available from companies, but it will
be hard to identify and will likely be in a variety of
different formats
-Extensive research by City of Denton staff will be required
to reconstruct data through reviewing paper plats, ROW
easements, Fire Marshal's data, and other sources. Will
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require extensive digitization, and may take 6 to 9 months
of effort from a single employee.
Sanchez stated that staff recommends option 2.
Mulroy said that on the previous meeting's minutes page 2 line 35 it states that we want
to ultimately be responsible for our own maps. It would be a disservice to the city to
have the policy today less the full knowledge of where gas lines are buried. Mulroy
doesn't think we should embark on a policy that settles for anything less. He believes
that we should explore option 3. The negatives that are being experienced right now, the
railroad commission maps are anywhere from 6 months to 2 years behind. For us to
make a requirement of the gas companies is not overburdening or adding cost since most
of the companies have information in digital format. Mulroy asked if we have any permit
requirement for gas pipeline installation. Kelly Carpenter responded if it crosses the right
of way, yes we do. If it is on private property, she doesn't believe that we are requiring
permits. Kenneth Banks further added they are supposed to contact the Fire Marshal and
provide the information. The likelihood of 100% capture of this is slim.
Mulroy stated if we already require the information on the ROW, in theory we already
require the information to be submitted, approved and inspected by the Fire Marshall, we
just are not capturing it. We have the means to adjust out permit application fees to cover
our half of the equation going forward. Mulroy urges this committee not to settle for
anything less than the full identification of the gas lines within the city limits. Beyond
the city limits we have less control but we still have the basic information. Mulroy said
that in the last meeting that we requested for an analysis of taxing. Pete Kamp clarified
the differences between option 2 and option 3. Howard Martin stated that the main
concern for option 3 is our ability to reconstruct these pipelines. The GIS group has three
positions that have been identified for cuts. Ifwe are successful in implementing a fee to
cover employee expenses that could be an option. Mulroy stated that we would regret,
from a life safety aspect, not having the highest level of accuracy that we can achieve.
Action Items:
· Formalize the taxing report for ROW fees and renewal fees. In addition, how
do we track the renewal fees within the City of Denton.
· Ad Valorem Fees
3) Receive a report, hold a discussion and give staff direction regarding
information requested by the Environment Committee concerning tree
preservation requirements associated with gas well development, gas pipelines
installation and fiber optic line installation within the City of Denton.
Larry Reichhart stated that this item is a continuation from the last meeting. Staff has
identified three options that we could pursue.
. Option 1
Apply current regulations
Advantages:
- Same approach currently used for other non-residential
developments.
3
1 Disadvantages: - Problem defining the "property" - surface owner property
2 or mineral lease boundaries?
3 - Installation is linear and may only effect a small portion
4 of the property, however, a tree inventory for the entire
5 property will need to be submitted by the applicant and
6 reviewed by staff.
7 - Surface owner bears the burden of the decisions made by
8 mineral owner.
9 - In some cases, mineral owner could greatly influence the
10 future development of the surface by using up tree
11 "allocation"
12 - Will be difficult to track.
13 - Will likely result in mineral right holder and/or fiber optic
14 installer never having to pay for tree preservation, unless
15 they remove the only trees on the property or lease.
16
17 . Option 2 100 percent replacement through mitigation funds or planting on site -
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19 Advantages - - Landowner is protected completely from tree preservation
20 preventing future development of property.
21 - Landowner starts with "fresh slate" when developing the
22 land in the future
23 - No extensive tree tracking required for properties
24 - Encourages gas well industry to stay away from trees
25
26 Disadvantages: - Concern is that this approach singles out mineral
27 developers and installer of fiber optic lines as "different"
28 from other developers. (legally and politically viable?)
29 - Requires guidelines for planting on site. (must be as near
30 as possible to the area where trees are removed, must have
31 property owners approval, may impact future development.
32 - Who checks, how do we verify survival, etc...?)
33 - Allows for piecemeal approach to removing trees.
34 May not work for certain properties ... must have enough
35 non-treed land space to mitigate
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38 . Option 3 25% mitigation through tree fund only, for every tree removed
39 from pad sit or transmission and/or fiber optic line easement
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41 Advantages: - Similar to existing code (25%)
42 - Does not single out gas well development as an industry.
43 - Removes ambiguity associated with surface owner /
44 mineral owner relationship.
45 - By requiring mitigation in the form of funds with no on-
46 site mitigation and a "clean slate" for the surface property
47 owner, this approach minimizes the need to track tree
48 removal on the property. Tree removal is assessed when
49 gas and/or fiber optic development occurs, and is assessed
50 again on remaining trees when future land development
51 occurs.
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- Encourages applicants to not remove trees, but is not
more restrictive than current code
- Will minimize a mineral right holder being able to
influence the future development of land.
Di sadvantages:
- May be perceived by gas well and fiber optic industry as
inflexible.
- Does not result in as many on site trees, but does result in
more money into the tree fund, which may allow the city to
purchase and set aside high quality tree stands.
- Surface owner will not have as many on-site trees (but
will not be much different than a full development
scenario) ... may create a situation where the only trees on a
property are removed (this should be rare).
Staff recommends amending the current tree preservation ordinance to include option 3.
This option is the cleanest, easiest to track, easiest to implement and would solve the
problem that we have discovered through the tree mitigation. Reichhart stated that they
would be taking it to P&Z for recommendation and then on to City Council. This would
also go through the tree subcommittee as well. Mulroy stated that option 3 is equitable
with what we have now. Ultimately we change behavior for routing of the gas pipelines.
Reichhart said that this puts the burden on the mineral owner and relieves the burden
from the surface owner.
Action Items:
· Implementation of option 3.
4) Receive a report, hold a discussion and provide staff direction concerning
Denton's 2005 update to the Water Conservation and Drought Contingency
Plan.
Tim Fisher had the presentation for the item with thanks to Dave Wachal for his help.
This is an update for the existing plan from December 1999. This plan identifies specific
goals from the water development board. There is an issue debating using population for
the gallons used per capita. Highland Park is higher on the usage, but their use patterns
per population are a lot different. Addison is higher but there is such a commuting
population from people going there to work. Denton has a commuting student population
but the commuting student population doesn't effect our per capita like the commuting
Dallas population. Denton sets favorable in this with respect to they are on the lower side
of the scale. This would have a bearing on what success of our prior Water Conservation
Plan has been. Tim added that the current thing that he would try and point out would be
prohibition of wasting water. This is a range of prohibition of watering during the
daylight hours during the summer; it would be a code violation to water from 10am to
6pm. During this time of the day, there is a lot of evaporative loss. Another would be
prohibition of running your sprinkler during periods of rain. Staff is not recommending
that we move into an implementation of code violations at this time. We would like to
propose that we ramp up our public education program for a two-year period.
Kamp asked if PUB thought this was being pursued in the right direction. Fisher
responded that they did. Mulroy asked what percentage of residential and commercial
client base has separate meters for irrigation. Fisher responded that it is rare to see
5
1 separate irrigation meters in residential areas. Mulroy stated that we might want up
2 explore other options on the commercial side. Fisher added that Dallas had what they
3 call a first notification, then they set a fine, double the fine - a progressive way. Martin
4 said that we may want to consider a five block increase instead of the current three block.
5 Fisher said that we did a rate study last year; we do those every five years. We have not
6 had a residential increase in 5 years. Martin said that we are finishing up on the
7 development of the document. Does this committee want to see the finished product
8 prior to going to council. Mulroy said that he would like to see a copy of the PUB
9 minutes when they are complete on this section.
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11 Action Items:
12 · Send PUB minutes for the water conservation document to the environment
13 committee.
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15 5) Receive a report, hold a discussion and give staff direction regarding draft
16 budget information to develop a Household Hazardous Waste ("HHW")
17 Collection and Reuse Center in the City of Denton.
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19 Shirlene Sitton presented this item. Household hazardous waste consists of common
20 household chemicals, such as cleaners, solvents, paints, stains and furniture strippers and
21 the like. We need a program on how to address these kinds of chemicals. We have
22 identified three options for this program. One is to join an area network, either based in
23 Dallas or Ft. Worth, and pay for the residents to use either of those disposal sites. A
24 second option is hold mobile collection events on a yearly basis, and contract for the
25 disposal or the collection and disposal of the products through one of the area networks.
26 The third is to establish a collection center in Denton, with the possibility of a reuse
27 aspect to save on disposal costs. Sitton asked for questions. Mulroy asked what is the
28 cost avoidance, what are we expending now that we could avoid with this facility? Sitton
29 stated that she is not sure because it would involve several different departments, but
30 would find out. Mulroy clarified the fee. Sitton said the fee is a flat fee. Martin asked
31 Kenneth Banks to elaborate of the Safety Kleen conversations. Banks stated that he met
32 with representatives of Safety Kleen a few weeks ago. He asked if they were willing to
33 participate, they said they were. They would accept any waste that they currently process
34 at the Denton facility and put into their waste stream free of charge to the City. They
35 would provide a truck that would come by a pickup facility or central storage area on an
36 at least once a week basis. They would transport the material for us as well. Mulroy
37 asked if this would be regional or city basis. Banks had not approached Safety Kleen on
38 a regional basis
39
40 Action Items:
41 · Identify cost avoidance benefit of collection recycling facility. (Landfill cost,
42 cleanup, illegal dumping)
43 ·
44 6) ACM Update
45 a. Miscellaneous Project Update
46 Surface rights vs. mineral rights
47 Green building update - Brock - the timeline is good
48 Green building fire station update
49 Discussions with Safety Kleen regarding household hazardous waste disposal
50 Information concerning ad valorum, royalties, and other funds from gas wells
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Citizen requests and concerns:
Martin talked about the length of time it takes to answer citizens' e-mails.
Closing items:
A date for the next meeting will be decided at a later date.
There being no further business to come before the Committee, the meeting was
adjourned at 2:00 p.m.
Joe Mulroy, Chairman
Howard Martin, ACM/Utilities
Kim Mankin, Administrative Assistant
7
DRAFT
MINUTES
CITY OF DENTON CITY COUNCIL
TREE COMMITTEE
November 21,2005
A Work Session of the City of Denton City Council Tree Committee was held on Tuesday, June
21, 2005 at 1:00 p.m. in the Council Work Session Room at City Hall 215 E. McKinney Street,
Denton, Texas.
Committee Members Present: Mark Burroughs, Perry McNeill, and Bob Montgomery.
Staff Members: Kelly Carpenter, Kenny Banks, Nona Muncie, Chuck Russell, and Ann
Forsythe.
Chair Burroughs called the meeting to order.
1. Consider approval of June 21, 2005 minutes.
Minutes were approved as circulated.
2. Receive a report, hold a discussion, and give staff direction concerning the City Council
Environment Committee's recommendation for tree preservation code amendments related to
gas well development, gas pipeline installation, and fiber optic line installation.
Kelly Carpenter stated that the Committee on Environment was concerned that regulations
concerning tree removal and mitigation under Tree Preservation are not clear, especially for
gas pipelines and fiber optics. Staff presented the option that would require 25% mitigation
of the pathway of the line where it ran through tree stems and the option that 25% mitigation
would not be replaced by trees on the site but would be replaced by putting funds into the
tree fund. The secondary problem was what kind of mitigation was then required of the
surface right owner who retained the rest of the land. The proposal was that property owners
would still have 25% mitigation requirement left on the remaining trees which, in the end,
results in a little bit less than a total of 25% mitigation on both parties. This has been heard
by several groups who have recommended approval. This committee is the last stop before it
would go to the City Council.
McNeill asked for clarification of to items on page 2:
"Will minimize a mineral right holder being able to influence the future development of land,
and "does not result in as many on site trees, but does result in more money into the tree
fund, which may allow the city to purchase and set aside high quality tree stands." What does
that mean?
Banks stated that the basic issue is that in the case of mineral rights vs. surface right, the
owner, in most cases, does not own the mineral rights. If we didn't have the ability to hold
the lessee (the gas well developer in this case) to some tree preservation requirement, the gas
well developer could say that I could mitigate on site using the surface owners trees to
mitigate for the trees that I am taking off and therefore, the surface owner at some point in
the future, would be faced with a potential of having a more onerous tree preservation.
2
Also, if we required 25% preservation from the gas well pad site, but that preservation is
mitigated by payment into the Tree Fund, that means that you fewer trees on that particular
site, but that there would be money in the tree fund to utilize further down the line. If you
are looking at a 10 acre site, and you have a 25% preservation requirement, and a gas well
comes in and, according to what we are proposing, cleared off 3 acres of the properties and
mitigated 25% of that by payment into the tree fund, then when that property gets developed
you would not have as many on-site trees.
McNeill: but the city as a whole would look at the inventory of the trees and it would be a
sub zero.
Banks Yes, the site itself might have fewer on-site trees, but the overall tree inventory would
be preserved.
Montgomery, if you handled the fund right the trees preserved may be the highest quality
standing.
Banks. That's correct. It's a disadvantage to the site itself but not a disadvantage to the
inventory itself.
Montgomery: When you get a pipeline easement, the trees are going to come down and you
put a pipeline in, what width does the easement have to be - 60 feet?
Banks: I believe that depends on the type of pipeline you are talking about.
Montgomery: Once that in there, they are not going to replant. Is natural vegetation allowed
to take back over or is that kept a clear lane all the way.
Banks: My understanding is that it depends on the type of transmission line, but in general,
they do not like to have large trees over those lines because if there's a problem in there, then
it obstructs them from being able to get there and react quickly. The problem with the
transmission line is that you can overlap many, many property owners during the course of
that line weaving its way through the city and in effect, this is the only way we believed that
we can be equitable among all the property owners and still pay respect to the tree fund.
Montgomery: We better work with the assumption it's going to a clear lane from now on.
Banks: I think that a pretty good assumption.
McNeill: There are some pipelines where they are allowed to grow back over?
Banks: Yes, it depends on the type of line you are talking about. If you are talking about a
gas line, they are not typically going to want large trees obstructing it.
Burroughs: Are the rules the same where the mineral and surface owners are not the same
person?
3
Banks: That's an interesting question. I don't know if we are going to encounter that very
much. In the case where that happens, I assume the surface owner would be able to
effectively argue that they have the ability to offset with their own particular trees. I don't
anticipate that we are going to see a lot of those in this particular zonage?
Carpenter: I don't think that amendment recognizes the difference in ownership. So they
would have to point it out and it would be a point of negotiation.
Burroughs: My sense is that the rules do need to be different because the surface estate
owner would have lots of options whereas the mineral estate owner has only one option. The
surface estate owner also can design the development of the surface to accommodate the
pipeline and maximize tree preservation. The point would be that we make sure that there is
no absolute preventative to say that if you do own both estates that there's an option that
might not be readily apparent but that we need to let somebody know so that they don't clear
cut and worry about money but allowing them to do more.
McNeill moved that the Committee recommend to the City Council option 3.
Seconded by Montgomery.
Montgomery: One more question. I know what the positive side is here. What's the down
side risk for the city for development? How can we put ourselves in a situation where we
didn't intend to be?
Banks: That's a good question. It's difficult to try to seek a definition because we have such
an unusual land use relationship. We have separability between surface and mineral. We've
got the mineral estate presuming the surface estate. You've got the ability to push tree
preservation requirements back onto the surface property owner. The only negative that I
can see is the potential concern from the gas well development industry in that they are being
held to this particular tree preservation requirement. It does protect the surface owner. It is
not any more onerous for the gas well folks than any other industry requirement. We've
done our homework on this to try and make sure that we anticipated all the potential
negatives on this. I can't tell you that something may not crop up.
Montgomery: If it crops up, then we'll address it then.
McNeill: The umbrella here is that we will catch it in the quarterly review. We have the
opportunity to readdress that. This will be part of the quarterly review.
Burroughs: Installation of fiber optics is exempt?
Carpenter: If the installation is a public utility and part of the master plan, then you are
exempt from the tree litigation requirement. So, if we were zoning our fiber optic as part of
the Capital Improvement Program, then we would be exempt, the County would be exempt
on it as well.
4
Chair called for a vote, all in favor. Passed unanimously
3. Receive the Citizens Tree Subcommittee's October 2005 supplemental final reports on the
implementation of the Tree Preservation Ordinance.
Carpenter: Mr. Chairman, in your packet you have a June 23, 2005 Citizen Tree
Committee report. You will remember that you asked them to have a 6-month period of
operation and report back to you. You set up the subcommittee to report back to you and
the subcommittee was unable to reach consensus. You have two supplemental reports,
one from John Cooper and one from Pati Haworth. I would like to have Nona Muncie
give you an overview of the reports and I believe that one member of the subcommittee
has been honest.
Muncie: To briefly summarize John Cooper's report, new trees will be planted after a
development is completed, according to certain standards, spacings, and species. Pati
Haworth is in attendance and is available to answer questions on her report.
McNeill: The citizen's report goes back the Environmental Committee for review, right?
Muncie: That's what we're looking for, staff is asking for direction. We have the
Citizens Tree Committee's report and two subcommittee supplemental reports. Do we
take these three reports to the full Councilor to the Environment Committee?
McNeill: Mr. Chairman, I would suggest that it go to the Environment Committee.
Chair: There's no question but to provide that additional element of review because the
more minds that pour over it, the more it's discussed openly, the more creativity there
will be. It's been my sense that the nature of this Committee is to marry elements of the
technical votes and to bring in the policy. I think it would be much better to have the
Environmental Committee review the technical side. Our role would be, I think, to
review the boiled down version of what everyone thinks should be recommended, how it
marries into existing code requirements as well as the policy making objectives of the
Council.
Montgomery: The last time I talk to John Cooper he's convinced we have over
engineered this ordinance. He thinks we've made it more complicated than it needs to
be. I am standing there on the parking lot listening to this and not taking notes, so I don't
really have any idea what exactly he's talking about. So, if we can get him back
involved in this, I would appreciate it, and get him on record.
McNeill: I think that's really what we are suggesting. I would be in favor in forwarding
both of these reports to the Environment Committee, and then review at a work session.
Burroughs: You get the whole picture and then policy would be our role. With that
direction, you have enough direction from us to take it forward from here?
Muncie: It is my understanding that staff will present these three reports to the
Environment Committee and that the full 7 members of the Citizens Tree Subcommittee
5
will be asked to attend, to be available to answer questions. Would you like for it to be
scheduled as soon as possible with the Environment Committee?
Burroughs: I would think very quickly because we need to strike while it's foremost in
people's minds. This stuff has a tendency to start fading, so I think it would be much
better to have it sooner than later.
McNeill: They will need to make a recommendation to Council, on any changes, based
upon the report from the Citizens Committee; and, based upon what Council Member
Montgomery indicated they would recommend in terms of changes to the current tree
ordinance.
Burroughs: Once the Environment Committee identifies proposed revisions, then staff
would work up some kind of code provision on what the recommendations from that
committee would be. Would we then want to review what those recommendations are?
McNeill: We can do that, or the Environment Committee could do that prior to sending
it on to Council.
Haworth: So, if we want to keep the Committee together and keep involved, what is the
status of the committee?
McNeill: I think that one of the things the Council is looking for from the Environment
Committee was the recommendation about the establishment of a Citizens Tree
Committee much as we have done other committees, to advise.
Burroughs: One of the recommendations that we made was to have a Citizens committee
established with a primary goal to identify stands of trees to acquire through the tree
fund. There are historic trees in this city. There's one in front of the Cumberland
Children's Home that is the largest bodark tree in the County and its enormous, it's
beautiful, and it should be designated as historic by somebody. These are functions that
a citizens tree committee can and should be performing which we recommended.
McNeill: This Committee did recommend to Council that we form that. I think that's in
Council's ballpark to formally establish that Citizens Committee. They need to report to
the Advisory Committee.
Burroughs: And that's a good point. The Environment Committee was not functioning
for a while. It was also this Committee's recommendation that the Environment
Committee be reconstituted and functioning.
Montgomery: Did you all meet with the Environment Committee any time? That might
be a marriage worth recommending.
McNeill: That's what we are suggesting. That we direct staff to call the Citizens Tree
Committee back together to have a work session where they can make these reports to
that Committee. They can recommend to Council any additional changes that need to
occur in the tree ordinance.
6
Haworth: I was wondering the order in which this should be done.
McNeill: We want the existing Tree Committee to make their report to the Environment
Committee because you are the ones who wrote this report. You are the ones who made
this recommendation. That's who needs to make an appearance at the work session, not
the new one.
Carpenter: Could I offer, Mr. Chairman, that we have staff present the June 218t
Committee report to the Environment Committee and then invite the individual members,
Ms. Haworth and Mr. Cooper to come and present a summary of their reports?
Burroughs: Other comments from the folks in attendance on this particular topic?
Montgomery: (To citizen in attendance) You are here to talk about trees?
Cynthia Nichols: Yes, I'm Cynthia Nichols and I'm here with some of my neighbors
who live in Oaks of Montecito. Weare on the very back street that backs up to 77 acres
that belong to Acme Brick. We have been informed that Acme Brick will sell the 77
acres to the Lexington Park addition owned by Ashton Woods. It is currently zoned as
NR-2 now which if fine. They would build large homes and would have to two
entrances and two exits to meet fire codes. One of these entrances would be off of Ryan
Road and will be helped by the city park that is being proposed by Bob Tickner. We are
not very happy about that because we were hoping they would have to build their own
entrance and their own bridge. Anyway, the city park that Bob Tickner is overseeing
would give an entrance with a locked gate where the Fire Department could come in and
go out if there is a fire. If they would all have keys, I don't know. Anyway, we don't
want a rezoning to happen. We don't want it be an NR-4 because they would go in with
their bobcats and cut all these trees down. We know that the city has come up with a
50% ordinance where you cannot cut all the trees down. But I know that these people
who own the property wouldn't come out there and protect all the trees our properties
back up to. So we just wondered where do we go to get some help to save these trees? I
have a talked to Lori Shelton, a man named Ray Hardin and Nona Muncie. So I am now
wondering if I should go call the Mayor and Pete Kamp, to prevent this rezoning from
occurnng.
McNeill: Those are planning and zoning issues, which have to go through Planning and
Zoning. That's not part of the Environment Committee.
Nichols: Ijust wanted your help.
McNeill: You've got to go through the process to do that. For that to be zoned from
NR-2 to NR-4, it would have to go through Planning and Zoning. And then it would
have to come to Council.
Nichlols: Okay there are very few people that would be against that. According to my
understanding you have to be 200 feet from the property line. Well, on the west side of
this property line is a greenbelt. So, nobody lives there. On the north side is going to be
7
your city park, which nobody lives there. On the east, it's just going to be the housing
addition that already being built and so they are probably not going to oppose this.
Montgomery: That's 500 feet.
Burroughs: Let's clarify with the staff about trees and how they relate to zomng.
Residential under this ordinance, whether it's NR-2 or NR-4, how's that affect it.
Carpenter: I just want to caution us before we go to far down this path that this item is
not on the agenda. So, let me answer your question directly and tell you that the purview
that this committee would have would be limited to the tree preservation ordinance and
the sections that are in contention. The Planning Department has met with Acme and
talked to people in the neighborhood. If I could offer Mr. Chairman, the Panning
Department would be very happy to facilitate a meeting together or separately with both
the neighborhood and Acme. I know we have talked to both of them already and would
be happy to make a report back to you at your next meeting.
Chair: I don't think it's necessary to report back to us, but I think a report being prepared
that would be distributed to Council would be helpful. The key element of what you said
is that it's not the Tree Preservation ordinance that would apply.
Carpenter: The tree preservation could also apply. I think we've got three ordinances
working; the zoning, habitat (that is 50% preservation), and then there would be tree
preservation, which would come in as well. But I think that the other two are going to be
more substantial in their effect than the tree preservation part of it. The more stringent
regulation applies.
Chair: So, as I remember adjusting from NR-2 vs. NR-4 is not an issue. It's whether it
is residential or not?
McNeill: That's correct.
Chair: So, it doesn't change. When a plat comes in, the entire 77 acres is residential
whether it's zoned NR-4 from NR-2. When we talk about the tree preservation
ordinance, it's not impacted from that.
Carpenter: That's correct and the same with the upland habitat except when you get to
multiple family. But, the lot coverage is affected by the zoning.
Chair: The lot coverage and zoning are the key issues. And the Planning and Zoning
Commission and Council.
Montgomery; Let me reassure her, this is a process. First, it has to sell; second, a new
plan will have to drawn. Notices will be posted, the mailing will go out. There will be
signs on the property saying "Notice, Public Hearing Zoning." The whole thing is a
procedure. You don't just step up and buy a ticket. If it works right, and it generally
does, it's not whom you know but who presents the most intelligent argument. It will go
8
to Planning and Zoning. They will make their decision, and they will pass it on to us.
Until all that's done, we do nothing.
Chair: The only other thing I can think that would involve our Committee at all is if
there money now in the Tree Fund?
Muncie: Yes, $13,000.
Chair: Which isn't much. You can't buy too many acres with that. But the point would
be that IF there were significant funds in the tree fund, the other option would be to
attempt to purchase a portion. Your prime interest is, if I understood it from our
conversation, is that there is a stand of trees right next to the property line and so, if we
had a tree fund, there would be a possibility of approaching the tree fund to try and
acquire some portion of that.
McNeill: They don't have to buy the whole property. The Tree Fund could purchase.
You've got tree credits and a tree conservation area, which means you couldn't cut trees
down anyway. That's all you're interested in.
Nichols: Yes sir. I would like to see it as a greenbelt.
McNeill: There's a process for that.
Nichols: I understand. I just wanted to come and tell you all that we are very concerned
about this. As you know, Denton only has trees. We don't have mountains, we don't
have oceans. We have nothing but trees, okay. I was born here and now there are very
few trees.
McNeill: And there are more trees here than when you were born.
Nichols: Well, they are very small trees. I'm not going to live to see them 75 years from
now. The trees I'm concerned about are unbelievable. I know you all have not walked
out there, but we have and we see bobcats walking around our backyards. It's full of
wild life and those oaks are just going to be torn down if I don't do something to help
them.
Montgomery: Everything you are saying is a part of the mix. There are people sitting
here who feel exactly the same way you do. We just have to find a middle ground
between what's legal and reasonable, and developable and what needs to be preserved.
There are people in the city who say it's a renewable resource, cut it down, it will go
back. There are people who say a hackberry is a monumental tree or mesquites are
perfectly desirable. So, it's not easy, but we will get it fixed.
Chair: The main thrust of the Tree Preservation ordinance has been to put pressure on
the development community to want to choose to preserve this stand of trees rather than
knocking them and planting.
Nichols: But the trees they are planting do not live that long. They die.
9
Chair: That's right. There are many reasons why new trees are not as good as the stands
of trees that exist now. So that is why we put in a provision of the trees preservation
ordinance that didn't exist before.
Nichols: So, Mark what we need to do is wait and keep in touch with Lori Shelton?
Montgomery: What you're doing is exactly the right thing. Stay on top of it and don't
get surprised.
Nichols: So, do we talk to the Council?
McNeill: There's nothing to talk about at Council because it's not on the agenda.
Nichols: So, we need to wait for that.
Chair: Watch the Planning and Zoning agenda and watch the property. They will put a
sign up saying "Zoning Change in Process." And if you are within 500 feet you will get
a notice of some sort. So, there are multiple levels that you can keep up with.
Nichols: What would be the likelihood that they did try to rezone it, we could stop that?
Chair: On a 77 acre of property there are numerous ways they could lay it out.
Nichols: I have it here.
Chair: If that does not accomplish the purpose that the Tree Preservation ordinance and
the zoning regulations, and if it's not harmonious, then we need to look at what they are
proposing as not consistent with what the city has determined.
McNeill: Ultimately, the property owner has some rights. And if you don't want to see
that occur, then the other harsh reality is that you've got to buy it so he doesn't do that.
Citizen: I was intrigued by your thought about looking into purchasing the tract?
Chair: At this moment there is no Citizens Committee to recommend tree stands for
acquisition. But right now there's only $13,000 in the account. That could be leveraged
with other monies from other sources to acquire conservation usage and maybe some
kind of deal could be proposed, but it would be nice to know how much more money
would be involved.
Carpenter: Mr. Chairman, we can put him in contact with a number of sources for that
purpose, but not in the City of Denton. That's been done all over the country and even in
Texas.
Chair: Any other comments.
Citizen: When's the next P&Z?
Carpenter: The P&Z will hold a public hearing on December 14th at 6:30 p.m.
Chair: That's for the gas line portion not for this. Any other questions?
Meeting adjourned at 1:52 p.m.
10
ATTACHMENT 4
CondenseIt™
Page 3
1 PROCEEDINGS 1 located on the west side of PM 2181 at the northeast
2 COMMISSIONER SlRANGE: Good evening, ladies 2 corner of Bay Meadow Drive and Prescott Downs Drive. The
3 and gentlemen. It's 6:30 and we will convene the December 3 property is in a Neighborhood Residential 4 zoning
4 14th meeting of the Planning and Zoning Commission. And I 4 district.
5 would ask that you join us in the pledge to the flag. 5 The purpose of the replat is to revise a
6 (Thereupon, the Pledges of A.lkgiance were 6 single lot into three residential lots. This application
7 recited.) 7 was reviewed pursuant to the regulations of the
8 COMMISSIONER STRANGE: I'll make this 8 Development Code. The property is located within a
9 general announcement at this point. We do have several 9 Neighborhood Center future land use area of the Denton
10 public hearings tonight. And it is our practice here that 10 Plan. The final plat is consistent with the Denton Plan.
11 if you wish to speak on any items that are on the public 11 The plat meets the minimum requirements and the
12 hearing list that you will have filled out a card that you 12 Development Review Committee recommends approval, if you
13 will find outside the chamber here and submit that card to 13 have any questions.
14 the front and then when the appropriate item comes up on 14 COMMISSIONER SlRANGE: Any questions of
15 the Agenda, you will have the opportunity to come forward 15 staff? Mr. Roy.
16 and speak either for or against. So, again, if you wish 16 COMMISSIONER ROY, SO this was one large
17 to speak, be sure to fill out a card and get it to the 17 lot at one time?
18 front. 18 MS. SHELTON: Yes. On the original plat it
19 The next item on the Agenda is the approval 19 was shown as a drainage easement specifically public
20 of the minutes of the November 9th, 2005 ma:t:ing. Do we 20 drainage and detention and that arrangements have been
21 have a motion? 21 made at another location.
22 COMMISSIONER WATKINS: Move approval. 22 COMMISSIONER ROY: SO it was a detention
23 COMMISSIONER STRANGE: Do we have a second? 23 site?
24 COMMISSIONER THIBODEAUX: second. 24 MS. SHELTON: originally, yes, sir.
25 COMMISSIONER SlRANGE: We have a motion by 25 COMMISSIONER ROY: okay. Thank you.
Page 2 Page 4
1 Mr. Watkins and a second by Dr. Thibodeaux. Is there any I MS. SHELTON: vh-huh.
2 discussion? Please, vote. Motion passes 7-{). 2 COMMISSIONER STRANGE: Any other questions
3 The Consent Agenda tonight was presented 3 of staff? Thank you, Ms. Shelton.
4 tonight to the Commission in a Work Session. And each 4 We'll open the public hearing. Is the
5 Commissioner had an opportunity to bring forth any 5 applicant here and do they wish to speak? Do we have
6 questions they've had. And those items will not be 6 any-
7 discussed in this open meeting. So do we have a motion on 7 My name is Casey Ross. I work for Doughty
8 the Consent Agenda? 8 Anderson and Associates, 5225 Village Creek Drive in
9 COMMISSIONER HOLT: I'll move approval. 9 PIano. And I'm here to answer any questions that you guys
10 COMMISSIONER STRANGE: Do we have a second? 10 may have.
11 COMMISSIONER WATKINS: second 11 COMMISSIONER SlRANGE: Thank you very much.
12 COMMISSIONER STRANGE: Thank you. We have 12 We have no cards on this item so we'll close the public
13 a motion by Mrs. Holt, and a second by Mr. Watkins. Any 13 hearing. Do we have a motion?
14 discussion? Please, vote. 14 COMMISSIONER HOLT: I move approval.
15 COMMISSIONER HOLT: I goofed. I want to 15 COMMISSIONER SlRANGE: Do we have a second?
16 change my vote. I punched the wrong button by mistake. 16 COMMISSIONER ROY: second.
17 COMMISSIONER SlRANGE: okay. The Board is 17 COMMISSIONER STRANGE: we have a motion by
18 going to show that the vote is 6 to 1 with Mrs. Holt 18 Ms. Holt, and a second by Mr. Roy. Please, vote. Motion
19 voting no, but since she was part of the motion, she did 19 passes 7-0.
20 vote yes, so the actual vote should be 7-{). 20 Next public hearing is an amendment to the
21 COMMISSIONER SlRANGE: We will now start 21 Development Code related to adding registered professional
22 with our frrst public hearing which is a fmal plat of 22 land surveyors to the qualifIed professionals allowed to
23 Lots 15R., I6R and l7R, Block G, being a replat of Lot 8XR, 23 submit tree inventories. Mrs. Muncie.
24 Block G of Lexington Park, Phase One. Ms. Shelton. 24 MS. MUNCIE: Good evening. With the
25 MS. SHELTON; This 0.67 acre site is 25 adoption of our Tree Preservation Regulations, a tree
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 1 - Page 4
CondenseIt 1M
Page 5 Page 7
1 inventory prepared under the supervision of a qualified 1 trees, the gas well development provides a tree inventory
2 professional must be submitted with a preliminary plat or 2 for the thn:e-acre portion of this site. The gas well
3 building permit. 3 development pays into the tree fund for the cahber inches
4 For the purposes of tree preservation 4 of trees removed on 25 percent of the thn:e-acre site at a
5 provisions of the Denton Development Code a qualified 5 rate of $125.00 per caliber inch. When the seven acres of
6 professional is a person with a Bachelor of Science degree 6 1his ten-acre site is developed, the land developer
7 in Forestry, Horticulture, Botany, Plant or Soil Science 7 provides a tree inventory for the seven-acre portion of
8 or an ISA certified Arboris!, a Texas Certified or Texas 8 1his site. Future development on 1his seven-acre site
9 Master's Certified Nursery Professional or Professional 9 preserves or mitigates 25 percent. 'The total ten-acre
10 Landscape Architect. Based on our two workshop 10 site has accomplished 25 percent mitigation or
11 discussions, staff recommends approval of adding 11 preservation of the trees through the joint efforts of the
12 registered professional land surveyors that have completed 12 property owner and the mineral rights owner.
13 eight hours of documented training in Texas tree 13 Based on the two City Council Subcommittee
14 identification to the list of qualified professionals 14 discussions and two P & Z Work Session discussions, staff
15 allowed to submit tree inventories. I will take 15 recommends amending the current tree preservation
16 questions. 16 regulations to require 25 percent mitigation to the tree
17 COMMISSIONER STRANGE: No questions. Thank 17 fund for every tree removed from all pad sites,
18 you, Ms. Muncie. This is a public hearing. We will open 18 transmission lines, and fiber optic line easements.
19 the public hearing. Is there anyone here who wishes to 19 Ultimately, this proposal has the ability to change the
20 speak on this item? We'll close the public hearing. Do 20 behavior for routing transmission lines through the City
21 we have a motion? Mr. Roy. 21 of Denton by considering the value of existing trees in
22 COMMISSIONER ROY: I move approval of Item 22 the early planning stages of gas well development. I will
23 SA as outlined by staff. 23 take questions.
24 COMMISSIONER WATKINS: second. 24 COMMISSIONER STRANGE: Thank you, Ms.
25 COMMISSIONER STRANGE: We have a motion by 25 Muncie.
Page 6 Page 8
1 Mr. Roy and a second by Mr. Watkins. Any discussion? 1 MS. MUNCIE: Thank you.
2 Please, vote. Vote passes 7-0. 2 COMMISSIONER STRANGE: This is a public
3 Next item is an amendment to the 3 hearing. We'll now open the public hearing. Do we have
4 Development Code related to tree preservation and 4 anyone who wishes to speak on this item? We've got a lot
5 mitigation as related to gas well development, gas 5 of talkative people tonight. Seeing no one who wishes to
6 pipeline installation and fiber optic line installation. 6 speak, we'll close the public bearing and do we have a
7 Mrs. Muncie. 7 motion? Mr. Roy.
8 MS. MUNCIE: The City Council Committee on 8 COMMISSIONER ROY: Ijust want to mention
9 the Environment met on March 29th to discuss three options 9 the number of reviews. It sounds like to the public that
10 for Code Amendments to address tree preservation near gas 10 we haven't talked about this much and we are making a
11 wells, transmission lines and fiber optic lines. The City 11 quick decision. We are not. We really worked this one to
12 Council Tree Subcommittee met on November 21st to discuss 12 death. I just will say once again that I believe that
13 these same topics. 13 this is a good solution, but I don't think it's going to
14 The Environment Committee, the City Council 14 impact the routing of gas lines or fiber optic lines one
15 Tree Subcommittee and staff all agree on recommending an 15 iota, but regardless of that, it's a reasonable solution
16 amendment to require 25 percent mitigation to the tree 16 and I move approval of Item 58.
17 fund for every tree removed from the pad site, 17 COMMISSIONER HOLT: second.
18 transmission line or fiber optic line easement. The 18 COMMISSIONER STRANGE: We have a motion by
19 Environment Committee is concerned with the fairness of 19 Mr. Roy and a second by Mrs. Holt. Any discussion? Being
20 the gas well developers not being held responsible for 20 none, please, vote. Motion passes 7-0.
21 tree mitigation and leaving the surface right owner 21 Next item is the rezoning of approximately
22 responsible for all of the tree mitigation at a later 22 0.729 acres from Neighborhood Residential Mixed Use
23 date. 23 NRMU-12 zoning District to a Neighborhood Residential
24 An example for this amendment would be if a 24 Mixed Use Zoning District with an overlay. The property
25 gas well impacts three acres of a ten-acre site with 25 is located at the northwest comer of Westway and Anna.
PLANNING AND ZONING MINUTES DECEMBER 14,2005
Page 5 - Page 8
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17,2006
CM:
Planning and Development ~
Howard MartIn, 349-8232 __
DEPARTMENT:
SUBJECT
Hold a public hearing and consider adopting an ordinance amending the Development
Review Fee schedule.
BACKGROUND
This is a summary of the fee schedule changes that are proposed for the Development
Review Fee Schedule.
. Notification Fees (signs, legal advertising, notices): $220.00
. Completeness Review: $50.00 for each new submittal (does not apply to
resubmittals once an application is found to be complete)
. Engineering Plat review for one and two lot residential subdivision: $500.00
. On all planning submittals, the cost of reviewing the resubmittal is included in the
initial fee. For the second resubmittal (third time and all subsequent resubmittals),
there is an additional fee of $500.00 per resubmittal.
. Development Plat, Replat, Vacating Plat, Minor Plat, Conveyance Plat, and
Amending Plats will be charged $250.00 for initial and one resubmittal
engineering and planning review. For the second resubmittal (third time and all
subsequent resubmittals), there is an additional fee of$250.00 per resubmittal.
. All fees must be paid:
1. By the close of business on the Thursday preceding the Planning and Zoning
Commission meeting at which the item will be considered
2. By 10:00 a.m. on the Wednesday preceding the City Council meeting at which
the item will be considered
3. By the close of business on the Monday one week before the Zoning Board of
Adjustment meeting at which the item will be considered
. The exception to the above requirement for fee payment is the fee for Engineering
Inspection which must be paid in full prior to the recordation of the plat.
Currently, the City charges for the legal advertising, signs and the cost of mailing notices,
after the city has incurred the cost. At times, applicants do not get these fees paid
resulting in either, an application pulled from the agenda or fees unpaid. The $220.00 fee
is the average fee paid over the last two years. When the Council amended Subchapter 16
in August 2005, it added a "completeness review" process. This completeness review fee
is proposed to cover the cost of that process. One and two lot subdivisions were being
penalized by the engineering plat review fees; this lower fee should be more equitable to
small subdivisions. When the City established the initial engineering development review
fees in July we unintentionally omitted Development Plats, Replats, Vacating Plats,
Minor Plats Conveyance Plats, and Amending Plats; this fee amended includes fees for
those types of plats. Council's Audit Committee has expressed concerns about non-
payments or late payments of fees. The fee schedule amendment clearly sets forth
expectations concerning the timeliness of fee payment.
OPTIONS
1. Adopt as submitted.
2. Adopt with amendments.
3. Table.
RECOMMENDA TION
Staff recommends approval of the fee schedule amendments.
FISCAL INFORMATION
None of these amendments are expected to be significant fee generators.
EXHIBITS
Attachment 1. Fee Schedule
Attachment 2. Ordinance
Respectfully submitted:
~~
Kelly Carpenter, AICP
Planning and Development Director
ATTACHMENT 1
PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West - 221 N Elm - Denton, Texas 76201 phone.'(940) 349-8541 fax.' (940) 349-7707
www.cityofdenton.com
Development Review Fee Schedule
(Amended November 2005)
.
PLEASE READ THESE IMPORTANT NOTES
All fees must be paid:
D By close of business (5:00 p.m. on the Wednesday preceding the Planning and Zoning Commission meeting at
which the item will be considered
D By 10:00 a.m. on the Wednesday preceding the City Council meeting at which the item will be considered
D By the close of business (5:00 p.m.) on the Monday one week before the Zoning Board of Adjustment meeting
at which the item will be considered
Exceptions:
D The exception to the above requirement for fee payment is the fee for Engineering Inspection which must be
paid in full prior to the recordation of the plat
Failure to pay:
D Failure to pay will result in removal from scheduled agenda
Submittals and Resubmittals:
D For all planning submittals
The cost of reviewing the first resubmittal is included in the initial fee
D Second resubmittals:
For the third time and all subsequent resubmittals there will be a
$500 fee per resubmittal
# Type of Application Fee
Pre-Application Conference
1 Pre-Application Conference $250 (credited toward other fees)
Plat
2 For all Development Plat, Replat, Vacating Plat, Minor Plat, Conveyance $250 for initial and
Plata and Amending Plat one resubmittal engineering and planning review
3 Preliminary or Final Conveyance or Development Plat SF & 2F: $200 + $6 I lot
All Others: $200 + $10 I acre
4 Residential: <10 lots: $200 + $6 Ilot
Preliminary or Final Plat Residential: >10 lots: $300 + $10 Ilot
Nonresidential: $300 + $15 I acre
*5 Amending Final or Amending Preliminary Plat I Replat $250 (+ Notification Fees)
6 Minor Plats $300 + $6 I acre
7 Each additional review beyond the second review for all types of plats $250
8 Extension of Time for Plat $100
9 Vacation of Plat $250
10 General Development Plan $100 + $15 lacre
Gas Wells
11 Gas Well Plat $200 + $6 I acre
12 Amendment to a Gas Well Plat $250
13 Watershed Protection Permit $1,300 per well
14 Gas Well Inspection Fee $1,200 per well
15 Tree mitigation as required per 3 35.22.8.c.iii $125 per inch
Variances
16 Variance to Subdivision Regulations $250 per variance
*17 Board of Adjustment $250 per variance (+ Notification Fees)
PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West - 221 N Elm - Denton, Texas 76201 phone.'(940) 349-8541 fax.' (940) 349-7707
www.cityofdenton.com
Development Review Fee Schedule
(Amended November 2005)
.
Zoning & Land Use
18 $ 25 per zoning request per site
$ 25 per Certificate of Occupancy request per site
Zoning Verification Letter $ 25 per Subdivision request per site
$ 25 per Violation request per site
Fees are doubled if 24-hour response is requested.
*19 Annexation Petition $750 (+ Notification Fees)
*20 0-5 acres: $1,500
5 +- 25 acres: $2,000
Comprehensive Plan Amendment 25 +- 50 acres: $3,000
50 + acres: $4,000 + $10 I acre
(+ Notification Fees)
*21 0-5 acres: $850
5 +- 25 acres: $1,250
Zoning Change (includes PD Concept Plans) and Alternative Site Plan 25 +- 50 acres: $2,000
50 + acres: $2,000 + $10 I acre
(+ Notification Fees)
*22 Overlay District $250 (+ Notification Fees)
23 Specific Use Permit $1,500 + $65 I acre
*24 Amendment to Specific Use Permit $250 + additional $100 if processed administratively
(+ Notification Fees)
25 Extension of Time for Specific Use Permit $250
*26 Planned Development District: Detailed Site Plan $1,000 + $25 I acre (+ Notification Fees)
*27 Planned Development District Detailed Site Plan Minor Amendment $250 + additional $100 if processed administratively
(+ Notification Fees)
28 Planned Development District Detailed Site Plan Time Extension $250
*29 Special Exception requiring City Council action $500 (+ Notification Fees)
Site Plans
30 Non-Single-family Site Plan Review (including landscaping and architectural $0.03 per square foot of proposed building with a $50
review) Minimum and not to exceed $1,500
31 0-5 acres: $400
Alternative Development Plans (includes Alternative Landscape Plans) 5 +- 25 acres: $600
25 +- 50 acres: $1,000
50 + acres: $1,000 + $5 I acre
Miscellaneous Permits
32 Clearing and Grading Permit $100
33 Plan reviews other than those submitted as part of a plat $100
34 TXDOT permit and access location review $100 per driveway
Historic Landmark
*34 Historic Landmark Designation $65 (+ Notification Fees)
*35 Historic Conservation District $65 (+ Notification Fees)
Notification Fees
36 Notification Fees (signs. legal, advertising notices) (Charged for items with $220
asterisk (*)
Completeness Review
37 Completeness Review for all applications except Pre-Application $50 for each new submittal
(Does not apply to resubmittals once
an application is found to be complete)
Right-of-Way
38 Street I Alley I ROW Abandonment Request $100 Application Fee and $750 processing fee
39 Easement Abandonment Request $100 application and $500 processing
40 ROW Use Agreement Request $100 application and $750 processing fee
41 Easement Encroachment Agreement Request $100 application and $500 processing fee
42 $100 and $500 processing fee
Request for Easement on City Property
PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West - 221 N Elm - Denton, Texas 76201 phone.'(940) 349-8541 fax.' (940) 349-7707
www.cityofdenton.com
Development Review Fee Schedule
(Amended November 2005)
.
Tree Mitigation
43 Tree mitigation
Local Permit
$125 per inch
44 Local Permit
$250 (Returned or credited toward other fees if
approved)
Sale of Documents
45
Black and White Copies
8 % x 11 = $0.10 I copy
11 x 17 = $0.25 I copy
24 x 36 = $6 I copy
36 x 36 = $7 I copy
36 x 48 = $8 I copy
8 % x 11 = $5 I copy
11 x 17 = $10 I copy
24 x 36 = $12 I copy
36 x 36 = $14 I copy
36 x 48 = $16 I copy
$30 per hour ($30 minimum)
$200
46
Color Copies
47 Preparation of custom maps
48 Water - Sewer - Drainage map books
49 Preliminary PlanlPlat Review (includes initial review and one review of the $1100 $1,200 $1600 $2,000
re-submittal)
50 Each Additional Review with Developer on Preliminary PlanlPlat Review $500 $700 $900 $1,000
51 Final PlanlPlat Review (includes initial review and one review of the re- $1,900 $3,500 $5,500 $6,900
submittal)
52 Each Additional Review with Developer on Final Plan IPlat Review $500 $1000 $2000 $3000
53 CLOMR $2,700 $2,700 $2,700 $2,700
54 LOMR (Following CLOMR) $1,000 $1,000 $1,000 $1,000
55 LOMR (Without CLOMR) $2,700 $2,700 $2,700 $2,700
56 Each additional review $1,000 $1,000 $1,000 $1,000
57 TIA $2,200 $2,200 $2,200 $2,200
58 Plan reviews other than those submitted as part of a plat
59 Variances $250 $250
60 Building Permit Site Plan Review $1,300 $1,300
61 ClearinglGrading Permit Review $350
62 Engineering Preliminary Plat and Final Plat review for one and two lot $500
residential subdivision
S:\Our Documents\or~inance6\05\Development Review Fee Schedule.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE OF
FEES CONTAINED IN ORDINANCE 2005-237, BY ADOPTING A NEW PLANNING AND
DEVELOPMENT REVIEW FEE SCHEDULE, AS AUTHORIZED BY THE DENTON
DEVELOPMENT CODE; PROVIDING FORA REPEAL OF ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton has been presented with a new Planning
Development Review Fee Schedule, which is attached hereto and made a part hereof as Exhibit "A"
(the "Planning Fee Schedule"); and
WHEREAS, the City Council finds that the fees imposed by the PlanningFee Schedule are in
the public interest, and do not exceed the reasonable cost to the City in providing the review of the
applicable development applications; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The fmdings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance 2005-237 is hereby amended by the adoption of the Plarming Fee
Schedule for all purposes, and such fees are hereby authorized for the filing of applications, review,
approval, grant or issuance of plats, plans, permits, licenses, certificates, variances or designations
required by the Subdivision Rules and Regulations and Zoning Regulations set forth in the Denton
Development Code.
SECTION 3. This ordinance shall repeal every prior ordinance in conflict herewith, but only
insofar as the portion of such prior ordinance shall be in conflict; and as to all other sections of the
ordinance not in direct conflict herewith, this ordinance shall be and is hereby made cumulative,
except as to such prior ordinances or portions thereof as are expressly repealed hereby.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such
remaining portions despite any such invalidity.
PAGE 1
S:\Our Documenta\Ordinancee\05\Development Review Fee Schedule.doc
SECTION 5. This ordinance shall become effective immediately after its passage and
approval.
PASSED AND APPROVED this the _ day of
. 2006.
EULINEBROCK,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
PAGE 2
PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West - 221 N Elm - Denton, Texas 76201 phone: (940) 349.8541 fax: (940) 349-7707
www.citvofdenton.com
Development Review Fee Schedule
(Amended November 2005)
':: i: ~ -" ~.' . ti 0
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PLEASE READ THESE IMPORTANT NOTES
o All fees must be paid:
. By close of business (5:00 p.m. on the Wednesday preceding the Planning and Zoning Commission meeting at
which the item will be considered
. By 10:00 a.m. on the Wednesday preceding the City Council meeting at which the item will be considered
. By the close of business (5:00 p.m.) on the Monday one week before the Zoning Board of Adjustment meeting
at which the item will be considered
o Exceptions:
. The exception to the above requirement for fee payment is the fee for Engineering Inspection which must be
paid in full prior to the recordation of the plat
o Failure to pay:
. Failure to pay will result in removal from scheduled agenda
o Submittals and Resubmittals:
. For all planning submittals
i. The cost of reviewing the first resubmittal is included in the initial fee
. Second resubmittals:
i. For the third time and all subsequent resubmittals there will be a
$500 fee per resubmittal
2
For all Development Plat, Replat, Vacating Plat, Minor Plat, Conveyance
Plata and Amending Plat
$250 for initial and
one resubmittaI engineering and planning review
SF & 2F: $200 + $6/lot
All Others: $200 + $10 I acre
Residential: <10 lots: $200 + $6/1ot
Residential: >10 lots: $300 + $10 Ilot
Nonresidential: $300 + $15 f acre
$250 (+ Notification Fees)
$300 + $6 I acre
$250
$100
$250
$100 + $15 lacre
3
Preliminary or Final Conveyance or Development Plat
4
Preliminary or Final Plat
*5
6
7
8
9
10
Amending Final or Amending Preliminary Plat I Replat
Minor Plats
Each additional review beyond the second review for all types of plats
Extension of Time for Plat
Vacation of Plat
General Development Plan
11
$200 + $6 I acre
Gas Well Plat
12
13
14
15
Amendment to a Gas Well Plat
Watershed Protection Permit
Gas Well Inspection Fee
Tree mitigation as required per S 35.22.8.c.iii
$250
$1,300 per well
$1,200 per well
$125 per inch
16
Variance to Subdivision Regulations
Board of Adjustment
$250 per variance
$250 per variance (+ Notification Fees)
*17
PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West- 221 N Elm - Denton, Texas 76201 phone: (940) 349-8541 fax: (940) 349-7707
www.citvofdenton.com
Development Review Fee Schedule
(Amended November 2005)
18
$ 25 per zoning request per site
$ 25 per Certificate of Occupancy request per site
$ 25 per Subdivision request per site
$ 25 per Violation request per site
Fees are doubled if 24-hour response is requested.
$750 (+ Notification Fees)
0-5 acres: $1,500
5 +- 25 acres: $2,000
25 +- 50 acres: $3,000
50 + acres: $4,000 + $101 acre
(+ Notification Fees)
o - 5 acres: $850
5 +- 25 acres: $1,250
25 +- 50 acres: $2,000
50 + acres: $2,000 + $101 acre
(+ Notification Fees)
$250 (+ Notification Fees)
$1,500 + $651 acre
$250 + additional $100 if processed administratively
(+ Notification Fees)
$250
$1,000 + $251 acre (+ Notification Fees)
$250 + additional $100 if processed administratively
(+ Notification Fees)
$250
$500 (+ Notification Fees)
Zoning Verification Letter
*19
*20
Annexation Petition
Comprehensive Plan Amendment
*21
Zoning Change (includes PD Concept Plans) and Alternative Site Plan
*22
23
*24
Overlay District
Specific Use Permit
Amendment to Specific Use Permit
Extension of Time for SpecifiC Use Permit
Planned Development District: Detailed Site Plan
Planned Development District Detailed Site Plan Minor Amendment
Planned Development District Detailed Site Plan Time Extension
Special Exception requiring City Council action
25
*26
*27
28
*29
30
Non-Single-family Site Plan Review (including landscaping and architectural
review)
$0.03 per square foot of proposed building with a $50
Minimum and not to exceed $1,500
0-5 acres: $400
5 +- 25 acres: $600
25 +- 50 acres: $1,000
50 + acres: $1,000 + $5 1 acre
31
Alternative Development Plans (includes Alternative Landscape Plans)
38
39
40
41
42
$100 Application Fee and $750 processing fee
$100 application and $500 processing
$100 application and $750 processing fee
$100 application and $500 processing fee
$100 and $500 processing fee
Street I Alley I ROW Abandonment Request
Easement Abandonment Request
ROW Use Agreement Request
Easement Encroachment Agreement Request
Request for Easement on City Property
PLANNING AND DEVELOPMENT DEPARTMENT
City Hall West - 221 N Elm - Denton, Texas 76201 phone: (940) 349-8541 fax; (940) 349.7707
www.citvofdenton.com
Development Review Fee Schedule
(Amended November 2005)
_ ~ ~. "" .J
~ :- 'r~~ '?
~ : "~ ::;:'.
.:: .n :p.. ~
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&. "",..J
Color Copies
8 % x 11 = $0.10 / copy
11 x 17 = $0.25/ copy
24 x 36 = $6/ copy
36 x 36 ;;; $7 I copy
36 x 48 ;;; $8 / copy
8 % x 11 = $5 / copy
11 x 17 ;;; $10/ copy
24 x 36 = $12 / copy
36 x 36 ;;; $14/ copy
36 x 48 = $16 / copy
$30 per hour ($30 minimum)
$200
45
Black and White Copies
46
47 Preparation of custom maps
48 Water - Sewer - Drainage map books
49 Preliminary Plan/Plat Review (includes initial review and one review of the
re.su bmittal)
50 Each Additional Review with Developer on Preliminary Plan/Plat Review
51 Final Plan/Plat Review (includes initial review and one review of the re.
submittal)
52 Each Additional Review with Developer on Final Plan IPlat Review
53 CLOMR
54 LOMR (Following CLOMR)
55 LOMR (Without CLOMR)
56 Each additional review
57 TIA
58 Plan reviews other than those submitted as part of a plat
$1100
$1,200
$1600
$2,000
$500
$1,900
$700
$3,500
$900
$5,500
$1,000
$6,900
59 Variances
60 Building Permit Site Plan Review
61 Clearing/Grading Permit Review
62 Engineering Preliminary Plat and Final Plat review for one and two lot
residential subdivision
$500 $1000 $2000 $3000
$2,700 $2,700 $2,700 $2,700
$1,000 $1,000 $1,000 $1,000
$2,700 $2,700 $2,700 $2,100
$1,000 $1,000 $1,000 $1,000
$2,200 $2,200 $2,200 $2,200
2% of the construction cost of the public improvement
or $500, whichever is greater
$250 $250
$1,300 $1,300
$350
$500
$250
$1,300
$250
$1,300
AGENDA INFORMATION SHEET
AGENDA DATE:
January 17, 2006
DEPARTMENT:
Transportation Operations
CM:
Howard Martin, 349-8232 ..
SUBJECT
Consider adoption of an ordinance of the City of Denton, Texas, authorizing the City Manager
to execute on behalf of the City of Denton an amendment to the Airport Project Participation
Agreement with the Texas Department of Transportation relating to certain improvements at the
Denton Municipal Airport; authorizing and directing the City Manager or his designee to expend
funds as provided for in said agreement and to execute documents on behalf of the City of
Denton in order to implement the project; and providing an effective date. The Airport Advisory
Board unanimously recommends approval of this project (7-0)
BACKGROUND
As part of continued airport development and following recommendations outlined in the 2003
Airport Master Plan, the Texas Department of Transportation, Aviation Division (TxDOT) is
offering an opportunity to receive grant funds to be applied to the construction phase of the
Taxiway Realignment Project. The Denton Airport was scheduled in the TxDOT FY 2005 CIP
for a grant project relating to the parallel realignment of the primary taxiway that also included
taxiway lighting and navigational aid enhancements as well as the expansion of the north
terminal apron.
In April 2005, TxDOT staff approved separating the construction phase of the Apron Expansion
Project from the Taxiway Realignment Project. Engineering and design work was completed on
Apron Expansion phase of the project. To maintain project schedules, avoid weather delays and
to meet commitments to private development along the proposed apron expansion (JetWorks
Aviation), TxDOT and Airport Staff agreed separation of the two projects was in the best interest
of the Airport and TxDOT, Aviation.
TxDOT and KSA Engineers, the engineering and consulting firm for the project, recently
completed the engineering phase of the Taxiway Realignment Project. In November 2005 KSA
provided an Opinion of Probable Construction Costs based on these final plans. The November
estimate for total construction costs is $3,844,882. This results in an increase of project costs of
approximately $1.4 million from the original 2003 TxDOT estimate of $2,448,000 for the
construction phase of the taxiway project. The significant increase to estimated project costs is
attributed to unanticipated drainage components that resulted in an increase of more than
$664,000 to the project. Additionally, inflated construction costs are linked to inflation in the
energy and oil markets as well as high demand on construction material and services related to
the recent natural disasters along the Gulf Coast.
C:IDocuments and SettingsltywillialDesktoplCC 20061January 17, 20061Txwy GrantII-AIS Txwy Grant Amend 06.DOC
TxDOT Aviation is recommending an amendment to the current grant agreement to address the
anticipated cost increases. This proposed amendment would increase the scope and budget of
the original project to include the additional drainage work and increase the project budget to
address anticipated cost increases. To facilitate this amendment TxDOT, Aviation Staff has
scheduled the proposed grant amendment for consideration by the TxDOT Commission on
February 23, 2005. Prior to January 20, 2005, TxDOT, Aviation has requested that the City of
Denton provide documentation that the City has available matching funds to facilitate the
proposed amendment and move forward with the project.
PRIOR ACTIONIREVIEW
The Airport Advisory Board has been briefed and unanimously recommends approval of the
proposed ordinance. Staff recommends approval of the proposed ordinance to amend the current
grant.
ESTIMA TED SCHEDULE OF PROJECT
Upon City Council approval of the amendment, the proposed grant amendment will be scheduled
for consideration at the Texas Transportation Commission Meeting on February 23, 2006.
Should the TxDOT Commission approve the amendment, TxDOT will request the City of
Denton to enter into an Airport Project Participation Agreement in March 2006. TxDOT will bid
the project in April and construction should begin within 60 days of bid advertisement.
FISCAL INFORMATION
This project will be funded through a 90:10 matching grant project where the local sponsor, City
of Denton, will fund ten percent of the total construction costs. TxDOT is requesting the City
certify total local funding in the amount of $384,489 is available for the estimated construction
costs of the project. TxDOT currently has $12,710 of unencumbered city funds remaining from
the $148,710 that was submitted as part of the Apron Construction Grant. The Airport currently
has $188,089 available in CO bond funds. An additional $185,000 in gas well revenue funds is
available to provide the remaining funds necessary for the ten percent match of $384,489 for the
$3,884,882 project.
EXHIBITS
1. Ordinance
2. Certification of Project Funds
3. Minutes
Respectfully submitted:
o/a/ &~
Mark Nelson
Chief Transportation Officer
C:IDocuments and SettingsltywillialDesktoplCC 20061January 17, 20061Txwy GrantII-AIS Txwy Grant Amend 06.DOC
S:\OUf Documents\Ordinances\06\Airport Project Participation Agreement.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE ON BEHALF OF THE CITY OF DENTON AN AMENDMENT
TO THE AIRPORT PROJECT PARTICIPATION AGREEMENT WITH THE TEXAS
DEPARTMENT OF TRANSPORTATION RELATING TO CERTAIN IMPROVEMENTS AT ..
THE DENTON MUNICIPAL AIRPORT; AUTHORIZING AND DIRECTING THE CITY
MANAGER OR HIS DESIGNEE TO EXPEND FUNDS AS PROVIDED FOR IN SAID
AMENDMENT AND TO EXECUTE DOCUMENTS ON BEHALF OF THE CITY OF
DENTON IN ORDER TO IMPLEMENT THE PROJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 25, 2003, the City Council passed Resolution No. 2003-007
authorizing the City Manager, or his designee, to accept a grant from TxDOT to construct a
corporate apron and taxiway at the Municipal Airport which is referred to as the Airport
Expansion Project; and
WHEREAS, on October 7, 2003, the City Council passed Resolution No. 2003-036
authorizing the City Manager to execute agreements with TxDOT for a grant to provide for
airport taxiway realignment referred to as the Taxiway Realignment Project; and
WHEREAS, on December 2, 2003, the City Council passed Ordinance No. 2003-385
authorizing the City Manager, or his designee, to execute an Airport Project Participation
Agreement with TxDOT which combined both the Airport Apron Expansion Project and
Taxiway Realignment Project and allowed for the engineering phase of same hereinafter referred
to as "Project"; and
WHEREAS, the City Manager has been approached by representatives of TxDOT who
wish to amend the Grant Agreement to increase the grant amount and the amount of funding for
the Project to $5,204,882 with $3,844,882 being the amount for the Taxiway Realignment
Project and to increase the scope of the Project to include additional drainage work; and
WHEREAS, this would result in the City's share of the grant to be $384,489 and
TxDOT officials need a commitment from the City that the City will participate in the Project
and dedicate these funds to its completion; and.
WHEREAS, the Airport Advisory Board recommends approval of this Amendment to the
Airport Project Participation Agreement; and
WHEREAS, the City Council deems it in the public interest to participate in the Project
and to approve an Amendment to the Airport Project Participation Agreement with TxDOT to
implement the Project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
EXHIBIT 1
S:\Our Documents\Ordinances\06\Airporl Project Participation Agreement.doc
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City of Denton's participation in the Project is approved and the City
Manager, or his designee, is hereby authorized to execute on behalf of the City of Denton an
Amendment to the Airport Project Participation Agreement with the Texas Department of
Transportation relating to construction services and design/engineering services at the Denton
Municipal Airport, TxDOT Contract No. 5XXA V084 (the "AgreemenC), after the Amendment
has been approved as to form by the City Attorney..
SECTION 3. The City Manager, or his designee, is the City's authorized representative
who is directed to comply with any assurances,conditions, or agreements required to be
executed, to receive the funds provided under this Amendment and to make expenditures of all
the funds required to be expended by the City as its share of the Project including the
expenditure of Denton Municipal Airport gas royalty revenue, in an amount not to exceed '
$384,489.
SECTION 4. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2006.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
BY:
Page 2 of2
CERTIFICATION OF PROJECT FUNDS
I,
Diana Ortiz
(N ame)
do certifY that sufficient funds to meet the
Chief Financial Officer
(Title)
City of Denton
(Sponsor Name)
project costs as identified for the project and will be available in accordance with the schedule
shown below:
share of
SPONSOR FUNDS
Source
Amount
Date A vailable
2002 CO Bonds
2004 CO Bonds
Gas Well Revenue Fund
$63.240
$124.859
$185.000
October 1. 2002
October 1. 2004
October 1. 2005
City of Denton. Texas
(Sponsor)
rfJ~ t2 '
,/,' . ----. ..L/b
, .
By:
Title:
Chief Financial Officer
Date:
EXHIBIT 2
CERTIFICATION OF PROJECT FUNDS
I,
Diana Ortiz
(N ame)
do certifY that sufficient funds to meet the
Chief Financial Officer
(Title)
City of Denton
(Sponsor Name)
project costs as identified for the project and will be available in accordance with the schedule
shown below:
share of
SPONSOR FUNDS
Source
Amount
Date A vailable
2002 CO Bonds
2004 CO Bonds
Gas Well Revenue Fund
$63.240
$124.859
$185.000
October 1. 2002
October 1. 2004
October 1. 2005
City of Denton. Texas
(Sponsor)
rfJ~ t2 '
,/,' . ----. ..L/b
, .
By:
Title:
Chief Financial Officer
Date:
EXHIBIT 2
DRAFT MINUTES
AIRPORT ADVISORY BOARD MEETING
DECEMBER 19, 2005
After determining that a quorum is present, the Airport Advisory Board convened in a
Regular Meeting on Monday, December 19, 2005 at 5:30 p.m. in the Airport Terminal
Building at 5000 Airport Road, Denton, Texas.
BOARD MEMBERS PRESENT: Chairman Rick Woolfolk, Vice Chairman Don
Smith, John Vann, Jay Anderson, Larry Luce, Bob Eames and John Kristoferson
BOARD MEMBERS ABSENT: None
STAFF MEMBERS PRESENT: Mark Nelson, Chief Transportation Officer, Julie
Mullins, Aviation Assistant and Herb Prouty, Consulting Attorney.
PUBLIC PRESENT: Damon Ward and Trey Bryson of Business Air Center, Mike
Sykes, Roper Vaughn and Lawrence Hicks of US Flight Academy and Brian Glass,
GRW Willis, Inc. Architect.
ITEMS FOR INDIVIDUAL CONSIDERATION
VII Receive a report, hold a discussion and provide a recommendation concerning
the certification of available funds for the construction phase of the taxiway
realignment project with the Texas Department of Transportation, and the
assignment of the City's designated representative for the project.
Mark Nelson briefed the Airport Board on the estimated increase in project
cost for the taxiway realignment proj ect and the proposed increase in proj ect
scope. Staff recommended the proposed amendment to the grant and the use
of gas well revenues to be applied as part of the local match for the project.
A motion was made by Larry Luce to approve the proposed amendment
to the Grant increasing the scope to include drainage work, the additional
cost and the use of Gas Well Revenues as local match. Bob Eames
seconded the motion. The motion was approved by a vote of 7-0.
EXHIBIT 3