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HomeMy WebLinkAboutSeptember 26, 2006 Agenda AGENDA CITY OF DENTON CITY COUNCIL September 26, 2006 After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Special Called Work Session on Tuesday, September 26, 2006 at 4:30 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. Presentation from the Historic Landmark Commission regarding the Fry Street Small Area Plan. 2. Presentation from the Convention and Visitors Bureau regarding Denton Live.com as the official calendar for Denton events. 3. Receive a report, hold a discussion and give staff direction regarding the 2007 state legislative program of the City of Denton, for the 80th Texas Legislature. 4. Hold a discussion and give staff direction regarding the 2007 Council meeting schedule. 5. Requests for clarification of consent agenda items listed on the consent agendas for today's City Council regular meeting of September 26, 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 Section551.071. 1. Consider and discuss status of litigation styled Kisko v. City of Denton, Cause No. 2006-50265-367, currently pending in the 367th District Court, Denton County, Texas. 2. 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, zoning, land use and subdivision controls, plat applications, annexation plans, development agreements, annexation agreements, service plans, utility service, and legal issues relating to the creation of special districts in the ETJ requested by JNC and White Cake Denton, L.P. A public discussion of these legal matters 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. City of Denton City Council Agenda September 26, 2006 Page 2 3. Legal advice concerning land use legal issues including multi-family, fair housing, vested rights, development exactions, annexations, and takings Issues. B. Deliberations regarding real property - Under TEXAS GOVERNMENT CODE Section 551.072, Consultation with Attorney - Under TEXAS GOVERNMENT CODE Section 551.071. 1. Deliberate the purchase and value of real property interests for the fee acquisition of approximately 64 acres in the James Edmondson Survey, Abstract Number 401 and deliberate the purchase and value of real property interests for the fee acquisition of approximately 200 acres in the B.B.B. & C.R.R Co. Survey, Abstract 160, both being generally situated in the South Bonnie Road - Roark Branch area, all or part of which may be acquired for a public purpose, and receive legal advice from the City Attorney or his staff concerning legal issues regarding the acquisition of such real property interests. 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. Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 26, 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. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards B. September Yard-of-the-Month Awards City of Denton City Council Agenda September 26, 2006 Page 3 3. BUDGET ITEMS FOR CONSIDERATION A. Consider adoption of an ordinance adopting the Budget and the first year of the Capital Improvement Program of the City of Denton, Texas for the fiscal year beginning on October 1, 2006 and ending on September 30, 2007; and declaring an effective date. B. Consider adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas for the year 2006, on all taxable property within the corporate limits of the city on January 1, 2006, not exempt by law; providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. C. Consider adoption of an ordinance of the City of Denton, Texas approving the 2006 Tax Rolls; and providing an effective date. D. Budget Consent: 1. Consider adoption of an ordinance amending the schedule of water rates contained in Ordinance No. 2005-251 for water service rates and water rates; amending the residential water service (Schedule WR); by the addition of a residential water irrigation rate (WRI); adding a commercial irrigation rate (WCI); amending the commercial/industrial water service rates (Schedule WC); amending the wholesale raw water service rate to Upper Trinity Regional Water District (Schedule WRW); amending the wholesale raw water pass-through rate to Upper Trinity Regional Water District from Lake Chapman into Lake Lewisville (Schedule WCL); adding a special conditions rider; providing for a repealer; providing for a severability clause; and providing for an effective date. 2. Consider adoption of an ordinance amending the schedule of wastewater rates contained in Ordinance No. 2005-252 for wastewater service; amending the residential wastewater service rate by adding a wastewater volume maximum (Schedule SR); amending the grass/brush/leaves rate (Schedule GBL); adding a special conditions rider; providing for a repealer; providing for a severability clause; and providing for an effective date. 3. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates for solid waste service contained in Ordinance Number 2005-253 as authorized by Chapter 24 of the Code of Ordinances of the City of Denton, Texas; providing that the provisions of Sections 26- 3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of the Code of Ordinances of the City of Denton, Texas shall expressly apply to City of Denton Solid Waste Service; amending the residential solid waste collection services schedule (Schedule SWR); changing the name of the residential recycling and processing services rate schedule to the residential recycling rate schedule City of Denton City Council Agenda September 26, 2006 Page 4 (Schedule SWRR); removing the residential financial need discount rate schedule (Schedule SWRD); adding the multi-family chemical collection/recycling schedule (Schedule MFR); amending the commercial solid waste collection services schedule (Schedule SWC); adding the collection and transportation services permit schedule (Schedule SWP); amending the sanitary landfill services schedule (Schedule SWL); providing for a repealer; providing for a severability clause; and providing an effective date. 4. Consider adoption of an ordinance of the City of Denton, Texas providing for the amendment to the schedule of miscellaneous fees, deposits, billings and procedures for administrative services to city customers and taxpayers contained in Ordinance No. 2005-254 and also as amended during previous FY 2005-2006; by amending the electric meter installation charge; canceling the electric and water meter connection charge by instead adding the meter connection charge and the meter reconnection charge; providing for a repealer; providing for a severability clause; and providing for an effective date. 5. Consider adoption of an ordinance of the City of Denton, Texas providing for the payment of inspection services fees to the City of Denton for public improvements constructed by developers, related to private development; providing for the superseding of ordinances in conflict with this ordinance; providing an effective date. 6. Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates contained in Ordinance No. 2005-250 for electric service; amending residential service rate (schedule RES): amending residential renewable service rate (Schedule RG): amending general service small rate (Schedule GSS): amending general service medium rate (Schedule GSM): amending general service large rate (GSL): amending general service time of use rate (Schedule TGS): amending local government service rate (Schedule GL): amending weekend service rate (Schedule WK): amending athletic field rate (Schedule AF): amending street lighting rate (schedule LS): amending traffic lighting rate (Schedule L T): amending other lighting rate (Schedule LO): amending security lighting rate (Schedule DD): amending downtown decorative lighting rate (Schedule DDL): amending decorative street lighting rate (Schedule DSL): amending temporary service schedule (Schedule Tl): amending industrial development rider (Schedule IDR): amending energysave program (Schedule EP); amending the energy cost adjustment (Schedule ECA): adding renewable cost adjustment (Schedule RCA); amending discount rider for state universities and colleges (Schedule UD): amending distributed generation from renewable sources rider (Schedule DGR): adding independent wholesale generator rider (Schedule IWG); adding the commercial renewable energy service rider (Schedule CGR); adding special event service schedule (Schedule SE); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (4-0). City of Denton City Council Agenda September 26, 2006 Page 5 7. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for VisionAir Public Safety Software System and associated modules used for Police and Fire Department dispatching and records management available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3560 - Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $154,449.29). 8. Consider adoption of an ordinance awarding a contract for the lease of desktop PC's, notebook PCs, software, peripherals, and services as awarded by the State of Texas General Services Commission, Department of Information Services (DIR Contract 02000390); providing for the expenditure of funds therefor; and providing an effective date (File 3582 - to Dell Government Leasing & Finance in the amount of $288,711.06, the first of seven payments, for a total lease amount of $2,020,977.42). 9. Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual service access and support for the General Packet Radio Services (GPRS) wireless computer network for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3561 - Purchase of Annual Service Access and Support for General Packet Radio Services (GPRS) awarded to Cingular Wireless (formerly AT&T Wireless) in the amount of $117,289.80). 10. Consider adoption of an ordinance awarding a contract for the purchase of 30 and lease purchase financing of 38 Mobile Data Computers (MDCs) for the City of Denton Police Department and lease purchase financing of 21 MDCs, 19 docking stations, and installation services for the City of Denton Fire Department 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 3564 - Purchase of Panasonic Toughbook CF-29 awarded to CDW Government, Inc. in the purchase amount of $123,450.00 and awarded to Chase Equipment Leasing in the first year lease amount of $94,625.37 for a total three year lease amount of$283,876.11. Total award amount is $407,326.11). 11. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date. City of Denton City Council Agenda September 26, 2006 Page 6 12. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue; and providing an effective date. 13. Consider adoption of an ordinance setting fees for towing, impounding, storage, permit fees, use of special equipment such as dollies, and notification for vehicles impounded at the direction of the Police Department. This ordinance is required by Section 23-87 of the previously passed Ordinance 2006-174. 14. Consider adoption of an ordinance approving a policy regarding reimbursement of City Council travel expenses; establishing a budget for City Council travel expenses; and providing an effective date. 15. Consider adoption of an ordinance of the City of Denton, Texas dissolving the Emily Fowler Library Fund by transferring all the amounts in this fund to the 2006-2007 General Fund Budget at the beginning of that budget year; and providing an effective date. 16. Consider adoption of an ordinance adopting a schedule of fees for use of certain park facilities; superseding all prior fees in conflict with such schedule; and providing for severability and an effective date. The Parks, Recreation & Beautification Board recommends approval (6-0). 4. 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. Citizens may speak on items listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers the Consent Agenda. Citizen comments on Consent Agenda items are limited to three minutes. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A-J). 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-J 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. A. Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Young Minority Entrepreneurs Institute, Inc. for provision of assistance to low to moderate income and disadvantaged children; providing for the expenditure of funds; and providing an effective date. City of Denton City Council Agenda September 26, 2006 Page 7 B. Consider adoption of an ordinance accepting sealed proposals and awarding a contract for Property, Boiler & Machinery, and Catastrophic Vehicle & Mobile Equipment Insurance Coverage for the City of Denton; providing for the expenditure of funds therefor and providing an effective date (RFSP 3554 - Commercial Property Insurance; Catastrophic Vehicle and Mobile Equipment Insurance; and Boiler and Machinery Insurance awarded to Travelers Lloyd's Insurance Company in the annual amount of$251,004). C. Consider adoption of an ordinance approving the expenditure of funds for the purchase of audio visual services related to digitally imaged products for the City of Denton Library System available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3600 - Audio Visual Services for the city of Denton Library System awarded to Midwest Tape in the estimated amount of$165,000). D. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the one-time purchase of primary and secondary insulated electric distribution cables for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3555 - One-Time Purchase of Electric Distribution Cables awarded to the lowest responsible bidder meeting specification for each item for a total award in the amount of $911,841). The Public Utilities Board recommends approval (6-0). E. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the single purchase of overhead polemounted and underground padmounted distribution transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3588 - Single Purchase of Overhead Polemounted and Underground Padmounted Distribution Transformers awarded to the lowest responsible bidder meeting specification for each item for a total award amount of $1,292,898). The Public Utilities Board recommends approval (6-0). F. Consider approval of the minutes of: August 15,2006 August 28, 2006 Joint DISD meeting August 28, 2006 Special Called meeting G. Consider adoption of an ordinance of the City of Denton, Texas approving change order four for a professional services agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002; extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized by the change order; and providing for an effective date. The Mobility Committee recommends approval (3-0). City of Denton City Council Agenda September 26, 2006 Page 8 H. Consider adoption of an ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a professional services agreement with the Messer Law Firm for professional legal services relating to litigation styled Kisko v. City of Denton, Cause No. 2006-50265-367 currently pending in the 367th District Court of Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. I. Consider adoption of an ordinance of the City of Denton authorizing an extension of a lease agreement between the City of Denton, Texas and the Greater Denton Arts Council, Inc. for leasing and renovation of certain real property owned by the City of Denton; providing for the expenditure of funds therefore; and providing an effective date. The Audit/Finance Committee recommends approval (2-0). J. Consider adoption of an ordinance of the City of Denton, Texas approving a second amendment to an Economic Development Program Grant Agreement dated November 27, 2001 between the City of Denton and Denton Crossing Partners Ltd, which was duly assigned to Orix Hunt Denton Venture; and providing an effective date. 5. PUBLIC HEARINGS A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 918 West Oak Street as a Historic Landmark under Section 35.7.6 of the Code of Ordinances; providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. The Historic Landmark Commission recommends approval (6-0). The Planning and Zoning Commission recommends approval (6-0). B. Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 0.24 acres from a Downtown Residential 1 (DR-I) zoning district to a Downtown Residential 2 (DR-2) zoning district. The subject property is located on the west side of Avenue A at Collins Street. (206-0013) The Planning and Zoning Commission recommends approval (6-0). C. Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 16 acres from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. The subject property is located on the south side of East McKinney Street near the intersection of East McKinney Street and Trinity Road. (206-0022) The Planning and Zoning Commission recommends approval (6-0). 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer agreement between the City of Denton and the Denton Police Officers Association, and providing an effective date. City of Denton City Council Agenda September 26, 2006 Page 9 B. Consider adoption of an ordinance authorizing assignment pay for Police Department employees who are assigned to perform specialized functions of field training officer, and for Police Department employees who are assigned to the tactical team of the Police Department, and providing an effective date. C. Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer agreement between the City of Denton and the Denton Fire Fighters Association, and providing an effective date. D. Consider adoption of an ordinance authorizing Assignment Pay for Fire Department employees assigned to perform specialized functions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Recruitment Management Analyst, Emergency Management Program Manager and Fire Marshal in the Fire Department; and providing an effective date. E. Consider adoption of an ordinance authorizing a one percent increase to the rate of contribution to the City of Denton Fire Fighters Relief and Retirement Fund by the City; and establishing an effective date for the ordinance. F. Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 2006-019 prescribing the number of positions in each classification of police officer; prescribing the number of positions in each classification of fire fighter; providing a repealer clause; and declaring an effective date. G. Consider nominations/appointments to the City's Boards and Commissions. H. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Cheryl Kesterson regarding Clear Creek Natural Heritage Center. B. Jennifer Cole regarding gas well drilling in Denton's ETJ. C. Robert Donnelly regarding city business. D. Aaron Witherel regarding a drilling proposal by Reichmann Petroleum. E. Lana Shaw regarding gas well drilling. F. Gene Cole regarding the Vanessa White well in the Briercreek Subdivision. G. Sherry Skaggs regarding the Vanessa White well in the Briercreek Subdivision. H. Mike Shaw regarding the Vanessa White well in the Briercreek Subdivision. I. Jana DeGrand regarding the Vanessa White well in the Briercreek Subdivision. City of Denton City Council Agenda September 26, 2006 Page 10 I. New Business This item provides a section for Council Members to suggest items for future agendas or to request information from the City Manager. J. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. K. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. L. 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 IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: General Government CM/DCM/ACM: Betty Williams, Executive Administrator Howard Martin, Interim City Manager SUBJECT: Receive a report, hold a discussion and give staff direction regarding the 2007 State Legislative Program of the City of Denton, for the 80th Texas Legislature. BACKGROUND: The 80th Regular Session of the Texas Legislature begins in January 2007. As we prepare for that session we need to compile our key legislative issues for our 2007 State Legislative Program. In the past, our program has consisted of issues anticipated to be considered by the Texas Legislature that primarily relate to state initiatives that impact city finances, regional transportation, utility issues, and public safety issues. Also, since the 2001 Legislative Session, the City of Denton has participated with other Denton County cities in presenting our legislative priorities to our state legislators at a Denton County Legislative Luncheon. The date for this luncheon is Thursday, November 2, 2006, 11 :30 a.m. - 1 :30 p.m. at Celebrations, 2380 FM 407, Highland Village. Council also asked staff to look into the possibility of co-hosting an "educational" type workshop with the City of Fort Worth prior to the beginning of the next legislative session. At this workshop both councils would visit with the state elected officials from both cities, and brief them on issues of mutual concern. The City of Fort Worth has not gotten back with us to let us know if they are interested in doing this. The attached 2007 State Legislative Program (Exhibit "A") includes The City of Denton's key legislative issues, as identified by council and staff. The Mayor and staff have also been working with the Texas Municipal League (TML) task forces, the TML Big City Lobbyist group and other cities to identify possible legislative issues of interest to Denton. The adoption of this program allows city representatives to work with state legislators on supporting and opposing legislation that that will accomplish our goals. It also gives city representatives the ability to react quickly to proposed legislation and authority to enter testimony, on these issues, on behalf of the City. RECOMMENDATION Submit resolutions to TML of the beneficial reuse (compost/mulch) and special districts in a city's ETJ issues, for consideration at their annual conference. PRIOR ACTION/REVIEW (Council.. Boards.. Commission): August 7, 2006, City Council Special Called Work Session ADA/EOE/ ADEA www.cityofdenton.com (TDD 800-735-2989) 9/20/06 FISCAL INFORMATION: None. Prepared by: ctC~ John Cabrales Jr. Public Information Officer ADA/EOE/ ADEA City's 2007 Legislative Program Respectfully submitted: ~ - ,__. ~_ :..i ~--' --- ',- .. Betty Williams Executive Administrator www.cityofdenton.com Page 2 of2 (TDD 800-735-2989) "Exhibit A" City of Denton 2007 State Le2islative Pro2ram State of Texas 80th Legislative Session As approved by the Denton City Council (October 3, 2006) TABLE OF CONTENTS City of Denton Mayor and Council Contact Information 4 City Manager, City Attorney and City Staff Contact Information 5 2007 State Legislative Program Adopting Resolution 6 Denton's Hi2hest Le2islative Priority . Continue to urge the legislature not to adopt any legislation, such as reductions in the property appraisal cap or implementation of any type of revenue cap, which would negatively affect City revenues and economic development efforts. 7 Erosion of Local Control over City Ri2hts-of-Wav . Support TML in "seeking introduction and passage" of legislation that would address the failure of utility companies to relocate their facilities in a timely manner as required by current law. 7 . Support TML in "seeking introduction and passage" of legislation that would "grandfather" the provisions of Texas law in any federal cable franchising bill if any proposed federal law provisions would erode the provisions of Senate Bill 5 (79th Legislature, Second Called Session). 7 . Support TML in opposing any legislation that would enact any detrimental amendments to the provisions of Senate Bill 5 or erode the provisions of Senate Bill 5 (79th Legislature, Second Called Session). 7 Tax and Finance Issues City's ability to fund necessary local services . Oppose legislation that would mandate a reduction in the current 10oA. appraisal growth cap. 8 . Oppose legislation that would impose revenue caps of any type, including a lowered rollback rate, mandatory tax rate ratification elections, or lowered rollback petitions requirements. 8 . Oppose legislation that imposes a property tax freeze that can be implemented by any mechanism other than council action. 8 Textbook Sales Tax Holiday . Oppose any legislation that would impose a sales tax holiday for textbooks. 9 Municipal Audit Authority . Support legislation that would allow municipalities to audit a taxpayer's records for sales tax compliance, and ensures the equal tax treatment of taxpayers, regardless of their sales method. 9 Re2ional Transportation Sales Tax for Public Transportation Initiatives . Support legislation that would exempt from the two-percent cap on local sales tax any local sales tax committed to public transportation initiatives. 10 Regional Mobility Authority . Oppose legislation that would create a Regional Mobility Authority in the four county area of North Central Texas including Dallas, Denton, Collin City of Denton 2005 State Legislative Program January 18, 2005 Page 1 and Tarrant Counties for the purpose of administering funds received through revenue sharing agreements. 10 Utility Issues Electric subsidies for state universities . Oppose legislation that would extend the electric subsidy to state four-year state university, upper-level institution, Texas State Technical College or college, by municipal owned utilities. 11 Drainage Fees . Support legislation that repeals the drainage fee exemption for state entities. 11 Bioreactors and other state-of-the-art landfill technologies . Propose legislation that would promote and allow the permitting of Municipal Solid Waste landfill design and operating technologies that can have a positive effect on the environment and provide improved site utilization. 11 Retain Local Control over Development Issues and Fees . Oppose legislation that would erode city annexation authority. 12 . Oppose legislation that would erode city authority in the extraterritorial jurisdiction over special districts. 12 . Oppose legislation that would allow voters in the ET J to vote on whether any proposed ordinance or ordinance amendment shall apply in the ET J. 12 . Oppose legislation that would reduce a municipal authority and discretion to approve the creation of a special district within a city's incorporated area or ETJ, including the expansion of a district's boundaries or powers. 12 . Oppose legislation that will reduce or eliminate development fees, exactions or building permits. 12 . Oppose legislation that will restrict cities' ability to adopt or amend zoning regulations, or vest or otherwise create a property right in a zoning classification. 12 Red Li2ht Cameras . Oppose legislation that would restrict a city's ability to implement a photographic red light enforcement system to use cameras at traffic lights and impose a civil penalty for running the light. 13 Grandfatherin2 of Chapter 143 positions . Support legislation that expands the grandfathering clause of newly classified civil service positions to municipalities that do not meet the population requirement outlined from the May 2005 attorney general opinion. 13 TML Resolutions proposed bv the City of Denton Beneficial Reuse/Compost/Mulch . Oppose any legislation that would limit or prohibit a city's ability to make and sell compost/mulch products, inside and outside of the city limits. 14 Special Districts in City's ETJ City of Denton 2005 State Legislative Program January 18, 2005 Page 2 . Support legislation that would place a moratorium on the creation of special districts until the State Legislature can appoint a task force to study their adverse affects; and providing for an effective date. 15 Support Le2islation that directly benefits UNT and/or TWU . Support legislation that directly benefits UNT and/or TWU, if such proposals do not adversely affect the city's interest. 15 Support Le2islation that directly benefits Denton ISD . Support legislation that directly benefits Denton lSD, if such proposals do not adversely affect the city's interest. 16 City of Denton 2005 State Legislative Program January 18, 2005 Page 3 City of Denton City Council Members Mailing Address for all of Council: 215 E. McKinney, Denton, TX 76201 Voice Mail for all of Council- 940-349-8555 Mayor Perry McNeill 1508 Gatewood Drive Denton, TX 76205 E-mail: perry.mcneill@cityofdenton.com Office: 940-565-2364 Home: 940-591-6080 Cell: 940-390-9463 Fax: 940-381-0106 Council Member - District 1 Charlye Heggins 1606 E. McKinney, #11101 Denton, TX 76209 E-mail: charlye.heggins@cityofdenton.com Home: 243-7937 Cell: 391-2339 Mayor Pro Tern - District 2 Pete Kamp 110 Friar Tuck Circle Denton, TX 76209 E-mail: pete.kamp@cityofdenton.com Office: 940-591-0308 Home: 940-566-5557 Cell: 940-390-9485 Council Member - District 3 Jack Thomson 1401 Amherst Dr. Denton, TX 76201 E-mail: iack.thomson@cityofdenton.com Home: 940-382-5176 Cell: 940-390-2296 Council Member - District 4 Guy McElroy 10808 Balentine Denton, TX 76207 E-mail: guy.mcelroy@cityofdenton.com Home: 262-1636 Council Member - At Large Place 5 Bob Montgomery 2329 E. Windsor Denton, TX 76209 E-mail: bob.montgomery@cityofdenton.com Home: 940-891-0051 Cell: 940-391-6545 Pager: 940-380-5140 Deputy Mayor Pro Tern - At Large Place 6 Joe Mulroy 124 Hollyhill Denton, TX 76205 E-mail: ioe.mulroy@cityofdenton.com Home: 940-382-3396 City of Denton 2005 State Legislative Program January 18, 2005 Page 4 City Manager, City Attorney and City Staff The Denton City Council and staff would be glad to provide information, research issues and testify on the City of Denton 2005 Legislative Program. Municipal Offices: City of Denton 215 E. McKinney Denton, Texas 76201 www.citvofdenton.com George Campbell City Manager (940) 349-8306 Ed Snyder City Attorney (940) 349-8336 Howard Martin Assistant City Manager/Utilities (940) 349-8232 Jon Fortune Assistant City Manager/Public Safety and Transportation Operations (940) 349-8535 Sharon Mays Director/Electric Utilities (940) 349-8487 Betty Williams Executive Administrator (940) 349-8302 If you or your legislative staff needs assistance from Denton or has any questions concerning Denton's legislative priorities, please contact: John Cabrales, Public Information Officer (940) 349-8509, (940) 349-7444 Fax, or email: iohn.cabrales@cityofdenton.com City of Denton 2007 State Legislative Program October 3, 2006 Page 5 RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, ADOPTING THE CITY OF DENTON'S 2007 STATE LEGISLATIVE PROGRAM FOR THE 80TH TEXAS LEGISLATURE; PROVIDING A REPEALER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the 80th Texas Legislature will commence in January 2007; and WHEREAS, appraisal caps, revenue caps, general government, and many legislative issues affecting local government will be considered; and WHEREAS, the City of Denton desires to adopt it legislative program for the 80th Texas Legislature, attached as Exhibit "A," NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HERBY RESOLVES: SECTION 1. That the City of Denton's 2007 Legislative Program from the 80th Texas Legislature is adopted as set forth in Exhibit "A," incorporated herein and made a part of this resolution for all purposes. SECTION 2. That the Mayor and City Council, City Manager and the City Attorney, or their designees shall communicate the items included in the state legislative program to members of the Texas Legislature. SECTION 3. The City Manager, or his designee, is directed to draft appropriate legislation, seek a sponsor, and actively pursue passage of such legislation by providing testimony from the Mayor and City council and City Staff and through other appropriate means. PASSED AND APPROVED this the 3rd day of October 2006. PERRY McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ED SNYDER, CITY ATTORNEY BY: City of Denton 2007 State Legislative Program October 3, 2006 Page 6 Denton's Lee:islative Priorities The City of Denton has adopted the following legislative issues as priority issues for the 80th Texas Legislative Session. The City Council of the City of Denton has met in workshops, participated in legislative seminars and has received information from city staff and various groups within the community to set these priorities. Denton's Hi2hest Le2islative Priority . Continue to urge the legislature not to adopt any legislation, such as reductions in the property appraisal cap or implementation of any type of revenue cap, which would negatively affect City revenues and economic development efforts. Background: The City of Denton during the 79th Texas Legislative Session and subsequent Special Sessions, work diligently with other local governments in helping to provide information to the Texas Legislature that helped them adopt school finance reform legislation that did not negatively impact city revenues or economic development efforts. The City of Denton continues to urge the Texas Legislature to not pass any legislation, such as reductions in the property appraisal cap or implementation of any type of revenue cap, which would negatively affect City revenues and economic development efforts. Erosion of Local Control over City Ri2hts-of- W av . Support TML in "seeking introduction and passage" of legislation that would address the failure of utility companies to relocate their facilities in a timely manner as required by current law. . Support TML in "seeking introduction and passage" of legislation that would "grandfather" the provisions of Texas law in any federal cable franchising bill if any proposed federal law provisions would erode the provisions of Senate Bill 5 (79th Legislature, Second Called Session). . Support TML in opposing any legislation that would enact any detrimental amendments to the provisions of Senate BillS or erode the provisions of Senate Bill 5 (79th Legislature, Second Called Session). Background: Historically, most utilities were required by franchises and state law to relocate their facilities at their cost when the relocation was required for a public work's project. Some utility companies are arguing that Chapter 283 of the Texas City of Denton 2007 State Legislative Program October 3, 2006 Page 7 Local Government Code (H.B. 1777) altered state law. Denton has experienced delay in public work's projects due to this confusion and a clarification of state law IS necessary. Cities may impose numerous kinds of regulation on entities that use the city's right of way. These regulations will withstand legal challenge because they are reasonably connected to protection of the health, safety, or welfare of the public. Denton opposes any new legislation that limits the ability of cities to control the right of way. The Federal Legislature is considering various bills that could erode the provisions agreed to by all concerned parties in Senate Bill 5 the was passed by the 79th Texas Legislature during their Second Called Session. Denton opposes any legislation, Federal or State, which would reduce any of the provisions of Senate Bill 5, especially the definition and collection of franchise fees, the removal of existing local cable franchises, and restriction of municipal police powers in public right- of-ways. Tax & Finance Issues City's ability to fund necessary local services . Oppose legislation that would mandate a reduction in the current 100/0 appraisal growth cap. . Oppose legislation that would impose revenue caps of any type, including a lowered rollback rate, mandatory tax rate ratification elections, or lowered rollback petitions requirements. . Oppose legislation that imposes a property tax freeze that can be implemented by any mechanism other than council action. Background: During the 79th Texas Legislative Session, the City of Denton adopted a resolution that urged the Legislature not to adopt school finance reforms that would adversely affect city revenues and economic development efforts. The city testified and wrote numerous letters during the session, and subsequent special called sessions. The city continues to oppose state initiatives that restrict a city's ability to fund necessary local services. TML has also placed these issues in their oppose category. City of Denton 2007 State Legislative Program October 3, 2006 Page 8 Textbook Sales Tax Holiday . Oppose any legislation that would Impose a sales tax holiday for textbooks. Background: There is a good chance that the Senate Finance Committee will again consider a bill providing for a "sales tax holiday" for all books bought by a full- or part-time student at an accredited public or private institution of higher education if the sale takes place during certain days in August and in January. During the last legislative session we successfully opposed these types of bills through a coordinated effort with other "college cities." We estimate that this "sales tax holiday" for books would result in an approximately $444,000 annual sales tax revenue loss for the City. Municipal Audit Authority . Support legislation that would allow municipalities to audit a taxpayer's records for sales tax compliance, and ensures the equal tax treatment of taxpayers, regardless of their sales method. Background: Under Chapter 151 of the Texas Tax Code, only the State of Texas, through the Comptroller of Public Accounts and/or their representative, can audit a taxpayer's records for sales tax compliance. Although the City recognizes the proprietary and confidential nature of a taxpayer's sales records and wholeheartedly believes in maintaining an equal and competitive market place, it is the City's view that manpower limitations in the Comptroller's Office have negatively impacted its ability to effectively monitor and audit the hundreds of taxpayers located in the City of Denton and the State of Texas. By giving municipalities the authority to audit taxpayer sales records, it expands the manpower available to the Comptroller's Office, increases compliance with sales tax laws, and places local control on most municipalities largest revenue source. At the same time, the City would continue to support the equal tax treatment of all taxpayers, regardless of the sales method. Under Chapter 151 of the Texas Tax Code, the tax incidence of the Texas Sales and Use Tax is dependent on both a business' nexus and 'place of business' within the State of Texas. Therefore, the City would support the continued taxation of all taxable goods and services, regardless if provided in a traditional bricks and mortar location or over the internet. City of Denton 2007 State Legislative Program October 3, 2006 Page 9 Re2ional TransDortation Sales Tax for Public Transportation Initiatives . Support legislation that would exempt from the two-percent cap on local sales tax any local sales tax committed to public transportation initiatives. Background: The City would like to explore the option to exclude the locally authorized transit sales tax currently dedicated to the Denton County Transportation Authority from the 2 % cap of the local option sales tax. The state mandates that a municipality can exercise no more than two percent of the local option sales tax. The City of Denton meets this cap, with 0.5 percent of local option sales taxes being contributed to the Denton County Transportation Authority and the other portion of the cap being applied for general use (1.0 percent) and property tax reduction (0.5 percent). By excluding any current and future sales tax committed to regional public transportation initiatives from the local option sales tax cap, the City may have the option to utilize local sales tax for other local needs. This initiative is also being considered by other communities in the North Central Texas Region as part of an effort to create local funding options for a seamless regional transportation network. Regional Mobility Authority . Oppose legislation that would create a Regional Mobility Authority in the four county area of North Central Texas including Dallas, Denton, Collin and Tarrant Counties for the purpose of administering funds received through revenue sharing agreements. Background: The Texas Department of Transportation (TxDOT), The North Texas Tollway Authority (NNT A) and the North Central Texas Council of Governments' Regional Transportation Council (RTC) are currently exploring programming and administration policies as it relates to concession fees and excess revenue received through Comprehensive Development Agreements (CDA). TxDOT has suggested that a Regional Mobility Authority be created for this purpose as well as to develop, implement and finance regional toll projects. NCTCOG staff is opposed to the creation of an RMA as it will reduce local autonomy in the development and implementation of regional transportation infrastructure projects. The RTC staff is currently working with TxDOT and the NTT A to develop an institution to provide for the administration of the revenue sharing agreements and ensure financial accountability. The Denton Mobility Committee supports the RTC/NCTCOG position on this issue. City of Denton 2007 State Legislative Program October 3, 2006 Page 1 0 Utility Issues Electric subsidies for state universities . Oppose legislation that would extend the electric subsidy to state four-year state university, upper-level institution, Texas State Technical College or college, by municipal owned utilities. Background: In 1995 the Texas Legislature passed a law requiring all electric utilities in Texas to reduce their base rate charges for electric service provided "to a facility of a four-year state university, upper-level institution, Texas State Technical College or college" by 20%. The total impact of this discount on the City of Denton is that the two universities pay approximately $800,000 per year less for their electric service than it costs to serve them. There is a possibility that state universities might try to extend this 20% discount on their electric service, since this discount is eliminated by law at the end of 2006. Drainage Fees . Support legislation that repeals the drainage fee exemption for state entities. Background: During the 78th Texas Legislature, the legislature enacted legislation that exempts state properties, state colleges and universities from paying municipal storm water utility fees. These state entities benefit from the flood prevention and storm water control provided by city storm water program. All entities should pay their fair share of the city's efforts to prevent flooding and to respond to costly federal mandates relating to storm water run-off. When state entities are exempted from municipal drainage fees, the remaining ratepayers make up the difference. TML is opposing the exemption of any entity from paying municipal drainage fees. Bioreactors and other state-of-the-art landfill technologies . Propose legislation that would promote and allow the permitting of Municipal Solid Waste landfill design and operating technologies that can have a positive effect on the environment and provide improved site utilization. Background: In March, 2006 the Texas Commission on Environmental Quality (TCEQ) adopted updated Municipal Solid Waste (MSW) rules, 30 TAC 330. The draft rules contained provisions to accommodate the permitting of bioreactor landfills. During the adoption process the portions of the rules regarding City of Denton 2007 State Legislative Program October 3, 2006 Page 11 bioreactors was removed and the rule package was adopted without any provision to allow for the permitting of landfills using current state-of-the-art landfill technology. This included the use ofbioreactor processes and other processes that enhance the naturally occurring biodegradation of the organic components to speed up the chemical and biological stabilization of the waste. The City would like to explore the possibility of using some of these technologies. Retain Local Control over Development Issues and Fees . Oppose legislation that would erode city annexation authority. . Oppose legislation that would erode city authority in the extraterritorial jurisdiction over special districts. . Oppose legislation that would allow voters in the ET J to vote on whether any proposed ordinance or ordinance amendment shall apply in the ETJ. . Oppose legislation that would reduce a municipal authority and discretion to approve the creation of a special district within a city's incorporated area or ETJ, including the expansion of a district's boundaries or powers. . Oppose legislation that will reduce or eliminate development fees, exactions or building permits. . Oppose legislation that will restrict cities' ability to adopt or amend zoning regulations, or vest or otherwise create a property right in a zoning classification. Background: Denton has allocated major staff recourses and spent significant sums on creating a development strategy, embodied in the Denton Plan, 1999- 2020, and the Denton Development Code. Denton citizens do not want these efforts to be undermined by legislation eroding local control. The city needs to retain local authority over annexation, development fees, and building permits to implement these plans. Denton provides water and wastewater to its own citizens and also provides water and wastewater services through interlocal agreements with many smaller cities in Denton County. There are 12 fresh water supply districts in Denton County. The City of Denton has had problems with a fresh water supply district forming inside the city limits and had to file litigation. Fresh water supply districts frequently have substandard infrastructure and cannot serve the development that the district City of Denton 2007 State Legislative Program October 3, 2006 Page 12 projected at build out. These systems are not required to bid competitively and are very expenSIve. Developers will often structure the debt to include a bond balloon payment. This balloon payment is usually due around the time the system is failing. Cities are then pressured to take over the district through annexation and are forced to spend substantial sums to correct the problem. This is the same problem Houston faced in the early 80s. Denton will urge legislators to exercise caution when creating special districts and make sure that special districts notify and receive permission from cities before forming. TML is also opposing all of these types of legislation. Red Li2ht Cameras . Oppose legislation that would restrict a city's ability to implement a photographic red light enforcement system to use cameras at traffic lights and impose a civil penalty for running the light. Background. During the 78th Texas Legislature, SB 1184 passed and amended the Texas Transportation Code to allow cities to use cameras at traffic lights and impose a civil penalty for running the red light. Each year in the United States more than 800 people die and over 200,00 are injured in crashes that involve running of a red light. Texas is ranked fourth in the nation for death rates in red- light crashes. In April 2006, the City implemented red light cameras and four intersections in the city. Since that time, the average daily red light violations have gone down significantly at these intersections, and no motor vehicle accidents have occurred at these intersections. Grandfatherin2 of Chauter 143 uositions . Support legislation that expands the grandfathering clause of newly classified civil service positions to municipalities that do not meet the population requirement outlined from the May 2005 attorney general opinion. Background: The City entered into meet and confer negotiations with the Fire Department in 2006. A portion of the meet and confer negotiations with the Fire Department involved the transition of specified non-civil service positions (e.g. fire marshal employees) into the civil service system. This issue relates to recent legislation changes regarding the employee classification portion of Chapter 143.021 of the local government code. A May 2005 attorney general's opinion on grandfathering existing fire department employees into civil service positions only City of Denton 2007 State Legislative Program October 3, 2006 Page 13 applies to municipalities with a population of220,000 or more. It is the City's goal through the meet and confer process to amend the classification system for these employees in order to be in compliance with state guidelines. As such, a meet and confer agreement is currently being formulated on this transition and pending approval, the positions will change classification in October 2006 for a three-year period. However, a permanent legislative change is desired. TML Resolutions proposed bv the City of Denton Beneficial Reuse/Compost/Mulch . Oppose any legislation that would limit or prohibit a city's ability to make and sell compost/mulch products, inside and outside of the city limits. Background: Rep. Dennis Bonnen, District 25, has asked the Texas Attorney General for an opinion on "whether or not a city can operate a well-organized, competitive and commercial compost/mulch business and sell its products outside its city limits in direct competition with private enterprise. If representative Bonnen receives a favorable opinion from the Attorney General or if he is successful in passing this type of legislation, this would severely impact the financial viability of our composting operation. The City of Denton Water Reclamation Division initiated the composting operation in 1990. The division had been exploring alternative methods ofbiosolid disposal and the composting process seemed very promising for an urban environment. The option exists to put wastewater biosolids in the landfill however this is not an environmentally responsible solution. If the Water Reclamation Division stops composting not only will the wastewater biosolids have to be disposed in the landfill but the construction lumber, wood waste and yard waste will have to be disposed of in the landfill as well. To put this volume of waste material in perspective, since 1990 approximately 1,000,000 yards of wood waste and bio solids have been diverted from the landfill. It is estimated that the value of landfill airspace saved in excess of $2,000,000. Not only is the composting operation saving landfill space it is extending the operating life of the landfill. City of Denton 2007 State Legislative Program October 3, 2006 Page 14 Special Districts in City's ET J . Support legislation that would place a moratorium on the creation of special districts until the State Legislature can appoint a task force to study their adverse affects; and providing for an effective date. Background: Special districts were originally formed to allow rural areas to obtain adequate water and sewer supplies in areas not served by municipal facilities. In conjunction with the reduction in city authority to annex and vested rights legislation designed to protect developers, developers of dense urban developments in rural ETJ areas are using this special district legislation to create mini-quasi-political subdivisions in the ETJ's of cities. The incentive for creating special districts is that the developer obtains public financing where all of his development costs are reimbursed on the front end when the bonds for special district infrastructure are sold. The bondholders are paid back through ad valorem taxes assessed against the future homeowners that are typically at a tax rate that is dramatically higher than normal city tax rates. If the city decides to annex the special district area it must assume the special district's debt, thus putting the city in the position of having to pay for infrastructure through a much lower tax rate. This in turn becomes a disincentive for a city to annex the area until the debt is paid off, thereby further eroding the city's ability to annex area within its ETJ. Cities are not allowed to apply there zoning controls in the ETJ, counties generally have no zoning controls, and there are no regional or state authorities that have zoning power in ETJ' s. Under current law cities only have two options, try to negotiate a development agreement with the developer proposing the special district or institute involuntary annexation proceedings. However, a city's ability to involuntary annex property in the ETJ has been greatly curtailed by state law, and it is often difficult to negotiate a favorable agreement because of the vested rights laws that lock in development rights once any kind of application is filed. We think that cities, and not developers, are better suited to look out for the public interest in these ETJ areas. Support Le2islation that directlv benefits UNT and/or TWU . Support legislation that directly benefits UNT and/or TWU, if such proposals do not adversely affect the city's interest. City of Denton 2007 State Legislative Program October 3, 2006 Page 15 Support Le2islation that directlv benefits Denton ISD . Support legislation that directly benefits Denton lSD, if such proposals do not adversely affect the city's interest. City of Denton 2007 State Legislative Program October 3, 2006 Page 16 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 DEP ARTMENT: City Manager's Office CM: Howard Martin, Interim City Manager SUBJECT Hold a discussion and give staff direction regarding the 2007 Council meeting schedule. BACKGROUND Looking forward to the 2007 calendar year, the City Council meeting schedule has been prepared for Council consideration allowing for fourth and fifth Tuesdays and conference schedules. Following the request from Council for the current year schedule, no meetings have been designated for the Tuesdays following a Monday holiday. Respectfully submitted: Jennifer Walters City Secretary Draft January 1 January 2 January 9 January 16 January 23 January 30 February 5 February 6 February 13 February 20 February 27 March 5 March 6 March 13 March 20 March 27 April 2 April 3 April 1 0 April 17 April 24 May 1 May 7 May 8 May 15 May 22 May 29 June 4 June 5 June 12 June 19 June 26 July 2 July 3 July 1 0 July 17 July 24 July 31 August 6 August 7 August 14 August 21 August 28 2007 CITY COUNCIL MEETING DATES No Luncheon No Meeting SC Work/Regular Session No Meeting SC Work/Regular Session No Meeting New Year's Day Holiday Martin Luther King, Jr. Day, 1/15 USCM, Washington, DC, 1/24-26 [NOTE: No 2nd Tuesday Session this month] Luncheon Work/Regular Session 2nd Tuesday Session Work/Regular Session No Meeting AMCC, Austin, 2/9-11 Denton County Days, Austin, 2/26-27 Luncheon Work/Regular Session No Meeting No Meeting SC Work/Regular Session [NOTE: No 2nd Tuesday Session this month] NLC, Washington, DC, 3/10-14 Spring Break, 3/19-23 Luncheon Work/Regular Session 2nd Tuesday Session Work/Regular Session No Meeting Work/Regular Session Luncheon 2nd Tuesday Session Work/Regular Session Election Meeting No Meeting Installation of CC Members Only Luncheon Work/Regular Session 2nd Tuesday Session Work/Regular Session No Meeting TCMA, San Antonio, 6/22-24 USCM, Los Angeles, 6/22-26 No Luncheon No Meeting No Meeting Work/Regular Session SC Work/Regular Session No Meeting Council Recess July 4th Holiday Council Recess [NOTE: No 2nd Tuesday Session this month] Luncheon Work/Regular Session 2nd Tuesday Session Work/Regular Session No Meeting September 3 September 4 September 11 September 18 September 25 October 1 October 2 October 9 October 16 October 23 October 30 November 5 November 6 November 13 November 20 November 27 December 3 December 4 December 11 December 18 December 25 2007 CITY COUNCIL MEETING DATES No Luncheon SC Work/Regular Session SC Work/Regular Session Work/Regular Session No Meeting Labor Day Holiday [NOTE: No 2nd Tuesday Session this month] Luncheon Work/Regular Session 2nd Tuesday Session Work/Regular Session No Meeting No Meeting ICMA, Pittsburgh, 10/7-10 Luncheon Work/Regular Session No Meeting No Meeting No Meeting TML, Dallas, 11/7-10 NLC, New Orleans, 11/13-17 Thanksgiving Holiday, 11/22-23 [NOTE: No 2nd Tuesday Session this month] Luncheon Work/Regular Session SC Work/Regular Session No Meeting No Meeting Christmas Holiday, 12/24-25 [NOTE: No 2nd Tuesday Session this month] S:\Lists\2007 CC Mtg Dates.doc [Revised 08/29/06] DRAFT 2007-08 Budget Calendar I Date April 10 July 17 July 31 I Event Five year forecast presented to Council Sept. 4 Budget workshop with City Council Proposed budget and CIP submitted to City Council and placed on file with the City Secretary. Submission of appraisal roll. Submission of ad valorem effective and rollback tax rates to City Council. Submission of certified ad valorem collection rate to City Council. Budget workshop with City Council City Council Budget Study City Council Budget Study Vote to consider a proposal for a tax increase prior to publishing notice of hearing. (Final date) 1 st Public hearing on tax increase. (Adoption must be set between 3-14 days from this date) Public hearing on budget. City Council budget study. Aug 9 Aug 14 Aug 21 Sept. 11 (Special Called) 2nd Public hearing on tax increase. (Adoption must be set between 3-14 days from this date) City Council budget study. Sept. 18 City Council adopts Annual Program of Services. City Council adopts 1 st year of Capital Improvement Program budget. City Council approves tax rates. Approval of 2007 tax roll. City Council approves Hotel Occupancy Tax Recipient contracts and budgets. calendar2007.xls 9/22/20069:25 AM AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Management and Budget ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance adopting the Budget and first year of the Capital Improvement Program of the City of Denton, Texas for the fiscal year beginning on October 1, 2006, and ending on September 30, 2007; and declaring an effective date. BACKGROUND Please find attached an Ordinance to adopt the 2006-07 Budget as directed by City Council. The City Council received the 2006-07 Proposed Budget on July 31, 2006. A Budget workshop was held on August 2, 2006. Finally, the Public Hearing on the 2006-07 Proposed Budget was conducted on September 12, 2006. The tax rate used to balance the General Fund budget is $.62652 per $100 valuation. A copy of the proposed budget has been available for public review on the City's website and at all three public libraries since July 31, 2006. FISCAL INFORMATION The total 2006-07 budget is listed below: General Fund Electric Fund Water Fund Wastewater Fund Solid Waste Fund Technology Services Fund Materials Management Fund Fleet Management Fund Aquatics Fund Recreation Fund Tourist & Convention Fund Risk Retention Fund Police Confiscation Fund General Debt Service Fund Total $ 76,899,196 184,226,431 44,749,699 24,049,290 15,733,466 5,859,583 6,218,408 6,616,474 1,833,909 1,508,727 1,274,886 2,284,907 194,108 14~775~824 $386,224,908 '*~e:~ec~tted: " .. ~\r~~'- ~\ . . . Jon Fortune Assistant City Manager S:\Our Documents\Ordinances\06\Budget 2006-07 Ordinance.doc ORDINANCE NO. AN ORDINANCE ADOPTING THE BUDGET AND THE FIRST YEAR OF THE CAPITAL IMPROVEMENT PROGRAM OF THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2006, AND ENDING ON SEPTEMBER 30, 2007; AND DECLARING AN EFFECTIVE DATE. WHEREAS, notice of a public hearing on the budget for the City of Denton, Texas, for the fiscal year 2006-2007 was heretofore published at least ten days in advance of said public hearing; and WHEREAS, a public hearing on the said budget was duly held on September 12, 2006, and all interested persons were given an opportunity to be heard for or against any item thereof; and WHEREAS, on 29th day of June the Public Utilities Board recommended the utility operations budgets and capital improvements to be constructed during the coming year; and WHEREAS, the City Manager has furnished a copy of the Planning and Zoning Commission's recommended general obligation bond capital improvements to each member of the City Council more than sixty days prior to the beginning of the budget year, as provided by Section 10.03(6) of the City Charter; 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 incorporated herein by reference. SECTION 2. The budget for the City of Denton, Texas for the fiscal year beginning on October 1, 2006, and ending on September 30, 2007 prepared by the City Manager and filed with the City Secretary, as amended by the City Council, is hereby approved and adopted, a copy of which budget is attached hereto and incorporated by reference herein. SECTION 3. The City Council hereby appropriates from available resources to the following funds: General Fund Electric Fund Water Fund Wastewater Fund Solid Waste Fund Technology Services Fund Materials Management Fund Fleet Services Fund Aquatics Fund Recreation Fund Tourist & Convention Fund Risk Retention Fund $ 76,899,196 184,226,431 44,749,699 24,049,290 15,733,466 5,859,583 6,218,408 6,616,474 1,833,909 1,508,727 1,274,886 2,284,907 S:\Our Documents\Ordinances\06\Budget 2006-07 Ordinance.doc Police Confiscation Fund General Debt Service Fund 194,108 14~775~824 Total $386,224,908 SECTION 4. The City Council approves the first year of the capital improvements proposed to be constructed during the forthcoming year, which are incorporated in the 2006-07 budget. SECTION 5. The budget includes certain unlisted, authorized and unpaid encumbrances from the prior fiscal year to be carried over to the 2006-2007 budget as determined by the City Manager or his designee. SECTION 6. The City Manager, or his designee, is hereby authorized to transfer the amounts of money for employee benefit and salary adjustments as contained in the 2006-2007 budget to the various departments. SECTION 7. The City Manager, or his designee, shall cause copies of the budget to be filed with the City Secretary and County Clerk of Denton County. SECTION 8. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~~ PAGE 2 AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Fiscal Operations ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 2006, on all taxable property within the corporate limits of the city on January 1, 2006, not exempt by law; providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; providing for enforcement of collections; providing for a severability clause; and providing an effective date. BACKGROUND Please find attached an Ordinance to adopt the ad valorem tax rate for 2006. The proposed rate of $0.62652 per $100 valuation is used to balance the 2006-07 Budget and represents an increase of $0.01837 over the existing tax rate. The increase is necessary to fund additional police personnel, code enforcement officers, street maintenance materials, and additional library materials. PRIOR ACTION/REVIEW The 2006-07 Proposed Budget was submitted to City Council on July 31, 2006, and a workshop to present the details of the budget to City Council was conducted on August 2, August 15, and September 12, 2006. Public Hearings on this tax rate were held during the September 12, and September 19, 2006, City Council meetings. The proposed tax rate is included in the Proposed 2006-07 Annual Program of Services. FISCAL INFORMATION The proposed property tax rate should generate $34,090,387 of which $24,357,661 is budgeted to support general fund services and $9,732,726 is budgeted for debt service. ,.~e~~ec~tted: " .. ~r~~;; ,- ~\ , . . Jon Fortune Assistant City Manager S :\Our Documents\Ordinances\06\ad valorem tax.doc ORDINANCE NO. AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 2006, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LThfITS OF THE CITY ON JANUARY 1,2006, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABrr..ITY CLAUSE; AND PROVIDING AN EFFECTNE DATE~ WHEREAS, after notice of two public hearings on a tax increase were published and posted on the home page of the City's website as required by law, on September 12, 2006 and September 19,2006, the City Council held two public hearings on a proposal to adopt a tax rate of $0.62652 per $100 valuation which would increase total tax revenues from property on the tax roll by 10..490/0 and the statement showing the effect of the proposed tax increase was included on the home page of the City's website any additional notices and actions were completed, as required by law; and WHEREAS, at the end of the September 12 public hearing, the City Council passed a resolution setting the meeting on which it would vote on the tax rate and announcing that it would vote on the tax rate at its September 26, 2006 meeting, which resolution specified the time and place of this meeting in accordance with the law; and WHEREAS, after the public hearings and before the September 26, 2006 meeting, the City Council recorded its vote and published a Notice of Vote on Tax Rate in accordance with the law; and WHEREAS, the City COlUlcil deems it in the public interest to adopt a tax rate for the 2006 tax year; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 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. By authority of the Charter of the City of Denton, Texas, and the Laws of the State of Texas, there is hereby levied for the year 2006, on all taxable property situated within the corporate limits of the City of Denton on January 1, 2006, and not exempt by the Constitution and laws of the State of Texas or municipal ordinance or by Sections 5, 6, and 7 of this ordinance, a tax of $0.62652 on each $100 assessed value of all taxable property. This tax is expected to increase total revenue from properties on the tax roll by 10..49% over 2005 tax revenues. SECTION 2. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $18.37. L: \Our Documents\Ordinances\06\ad valorem tax.doc SECTION 3~ Of the total tax, $O~44765 of each $100 of assessed value shall be distributed to the General Fund of the City to fimd maintenan~e and operation expenditures of the City.. SECTION 4~ Of the total tax, $0.17887 of each $100 of assessed value shall be distributed to pay the City's debt service as provided by Section 26~04(e)(3) of the Texas Property Tax Code.. SECTION 5. Pursuant to Article 8, Section I-b of the Texas Constitution, and pursuant to the provisions of Section 11 ~ 13(n) of the Texas Property Tax Code, one-half percent of the assessed value of residential homesteads, or $5,000 of the assessed value of residential homesteads, whichever amount shall be greater, shall be exempt from City ad valorem taxes. SECTION 6~ Pursuant to Article 8, Section I-b of the Texas Constitution, $25,000 of the assessed value of residential homesteads of persons 65 years of age or older shall be exempt from City ad valorem taxes.. SECTION 7. Pursuant to Article 8, Section I-b of the Texas Constitution, $10,000 of the assessed value of residential homesteads of dis(1,bled persons shall be exempt from City ad valorem taxes.. SECTION 8~ For enforcement of the collection of taxes hereby levied, the City of Denton shall have available all rights and remedies provided by law. SECTION 9. If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or the application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 10. THE MOTION APPROVING THIS ORDINANCE WAS MADE AND SECONDED AS FOLLOWS: "I MOVE THAT PROPERTY TAXES BE INCREASED BY THE ADOPTION OF A TAX RATE OF $0..62652 ON EACH $100 ASSESSED VALUE OF ALL TAXABLE PROPERTY." SECTION 11. This ordinance shall beCome effective immediately upon its passage and approval.. PASSED AND APPROVED this the day of , 2006. PERRY R~ McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 2 L:\Our Documents\Ordinances\06\ad valorem tax.doc APPROVED AS TO LEGAL FORM: EDWIN M. SNYDE ITY ATTORNEY BY: Councilmernber Perry McNeill, Mayor Pete Kamp, Mayor Pro Tern Joe Mulroy, Deputy Mayor Pro Tern Bob Montgomery Charlye Heggins Jack Thomson Guy McElroy PAGE 3 V otOO For Voted Against AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Fiscal Operations ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas, approving the 2006 Tax Rolls; and providing an effective date. BACKGROUND Please find attached an ordinance to approve the 2006 tax roll. The approval of the tax roll is an annual process required by the Texas Property Tax Code. The Tax Roll is calculated by taking the 2006 Certified Appraisal Roll (excluding property under protest) and applying the 2006 adopted tax rate. The anticipated collection rate is 100%. FISCAL INFORMATION The approval of the Tax Roll will enable the City to mail tax bills October 1,2006. ,.~e~~ec~tted: " .. ~r~~;; ,- ~\ . . . Jon Fortune Assistant City Manager S:\Our Documents\Ordinances\06\tax rolL doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 2006 TAX ROLLS; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby approves the 2006 tax rolls of the City of Denton, Texas, which will result in a tax levy in the amount of $34,090,387 based on the Certified Appraisal Roll as approved by the Appraisal Review Board of the Denton Central Appraisal District. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: fffli6Wi AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 CM: Utilities Administration Howard Martin, 8232 .. DEP ARTMENT: SUBJECT Consider adoption of the Water, Wastewater, Solid Waste, Miscellaneous Fees, Charges & Deposits, and Utility Engineering Rate Ordinances. (The Public Utilities Board recommends approval 5-0) BACKGROUND Proposed FY 2006-07 Utilities budgets and CIP's were presented and approved by the PUB during May and June. The budgets were submitted to City Council for review at the August 2nd budget workshop and are scheduled for adoption on September 26, 2006. The proposed rate ordinances included in this agenda are designed to recover the cost of service for each utility and provide a positive or breakeven net income. During the budget presentations, the PUB reviewed each Utilities budget and the proposed rate changes that could be implemented to support the proposed FY 2006-07 budget and FY 2007-11 CIP. Water is proposing a rate increase that is designed to affect high volume irrigation users and maintain rates for lower users the same. Wastewater rates are not being increased though a residential wastewater cap is being introduced. Staff has also developed a rate structure for Solid Waste that will continue to support once per week cart service and a Household Hazardous Waste program. SUMMARY The various Water, Wastewater, Solid Waste, and Miscellaneous rate changes discussed during the budget review are outlined in greater detail below. All changes have been highlighted in red in the attached ordinances. WATER RATE RECOMMENDATIONS . Add a block rate for residential usage over 50,000 gallons . Increase rates for residential blocks for summer usage: 0-15,000 gallons 15,001-30,000 gallons 30,001-50,000 gallons 50,000 + Current $2.60 $3.50 $4.35 $4.35 Proposed $2.60 $3.60 $4.60 $5.00 . Added a residential irrigation rate (WRI) and an outside the city limit irrigation rate (WRIO). . Increased Drought Stage 3 & 4 rates according to Drought Contingency Plan guidelines. . Added a commercial irrigation rate (WCI) to increase summer rate from $2.87/1,000 gallons to $3.45/1,000 gallons. . Revise the Wholesale Raw Water Rate (WRW) applicable to Upper Trinity Regional Water District (UTRWD). The FY 2006 City of Dallas raw water wholesale rate is projected to be $0.4360/1,000 gallons, a decrease of 1.04% from the existing rate of $0.4406/1,000 gallons. Denton's raw water wholesale rate to UTRWD, which is set at 85% of Dallas' raw water wholesale rate, will correspondingly decrease from the existing rate of$0.3745/1,000 gallons to $0.3706/1,000 gallons. This rate is determined by the terms of the raw water contract between Denton and UTR WD. . Increase the rate for the pass-through raw water sent from Lake Chapman into Lake Lewisville by the UTRWD per the Cooper Reservoir Project Contract and all "Chapman" water reclaimed for reuse if discharged into and subsequently withdrawn from Lewisville Lake by UTRWD or Lewisville. The rate will increase from $0.0212/1,000 gallons to $.02221/1,000 gallons. The rate adjustment is determined by the consumer price index, which as of June 30, 2006 is 4.3% over the same period last year. . Add a Special Conditions Rider to allow administrative decisions to be made to individual accounts when the rate ordinance is not specific. WASTEWATER RATE RECOMMENDATIONS . Add a residential wastewater monthly volume cap of 18,000 gallons. . Consolidate inside and outside city limit rates for contaminated grass, brush, or leaves to establish one rate for disposal services of $41. OO/ton. . Increase minimum charge for Grass/Brush/Leaves (GBL) rate to $15.00/load . Add a Special Conditions Rider to allow administrative decisions to be made to individual accounts when the rate ordinance is not specific. SOLID WASTE RATE RECOMMENDATIONS . Adjust the residential cart rate for each cart size per the following: 1 cart service Large Medium Small Current $17.25 $16.50 $15.75 Proposed $17.75 $16.60 $15.00 2 cart service Large from $32.50 to $33.50 . Remove the Residential Financial Need Discount due to non-participation. . Change Residential Recycling and Processing Services (SWRR) to Residential Recycling. . Change Multi-Family Recycling and Processing Services (MFR) to Multi-Family Chemical Collection/Recycling . Increase all the commercial collection services to increase rate revenue by 4.0%. . Add a demand response rate for roll-off container service. . Increase the minimum commercial charge from $17.25 to $17.75. . Increase delivery fees for roll-off and front/side load containers from $75.00 to $90.00 and $50.00 to $75.00, respectively. . Increase accessibility problem fees for roll-off and front/side load containers from $75.00 to $90.00 and $50.00 to $75.00, respectively. . Increase the cost of installation or removal of Solid Waste Department's locks from $125.00 to $150.00. . Reinstate the Collection and Transportation Services Permit (SWP) . Consolidate inside and outside city limits waste to establish one rate for all retail disposal services of $41. OO/ton. . Establish Wholesale Rates for municipal solid waste (MSW) and construction and demolition (C&D) materials. . Increase the minimum landfill charge from $10. OO/load to $15. OO/load. . Add a provision to sell used or excess containers and carts. MISCELLANEOUS RATE RECOMMENDATIONS There are two miscellaneous rate schedules covering metering related serVIces that DME provides. No changes were made to the Meter Charges schedule. Several changes were made to the Account Connection and Reconnection Charges. This schedule lists the fees for having a newly installed meter turned on, having an existing meter turned on, and having a meter turned on following a disconnection for non-payment. It also specifies the penalty for unauthorized usage of service. The following changes were made to this schedule: . As approved by the PUB and Council, DME now provides next business day service for these activities but will guarantee same day service if a customer pays the same fees charged for after business hours service. The schedule has been changed to reflect this policy. . For connection of new meters, the old schedule had not been appropriately updated to reflex the after business hours fee increase from $35.00 to $55.00 that was adopted last year. This section of the schedule also failed to include the fee for "at the transformer" connections that was adopted last year. . The old schedule listed an $11.00 fee for connection of an existing electric meter and an $11 fee for connection of an existing water meter. These separate charges have been changed to a single $22.00 fee regardless of whether one or both services are connected. This change was made because the cost of a trip to perform this work is the same whether one or both services are connected. . The old schedule also listed separate electric and water charges for after business hours connection of existing meters and had not been properly updated with the $55.00 fee that was adopted last year. Both those issues were corrected. . There are no proposed changes to the Miscellaneous Fees, Charges, and Deposits section of the Miscellaneous Rate Ordinance. ENGINEERING FEES RECOMMENDATIONS . There are no proposed changes to the Engineering Fees Ordinances for FY 2006-07. FISCAL SUMMARY The rates and charges included in the utility rate ordinances provide the revenues necessary to cover the cost of service to customers. RECOMMENDATION Staff recommends approval of the proposed ordinances. EXHIBITS 1. FY 2006-07 Water Rate Ordinance 2. FY 2006-07 Wastewater Rate Ordinance 3. FY 2006-07 Solid Waste Rate Ordinance 4. FY 2006-07 Miscellaneous Fees, Charges, and Deposits Rate Ordinance 5. FY 2006-07 Engineering Fees Ordinance Respectfully submittted: ~.:.~... . . . . . . .. .. . ... ... . . ... .. . . . . . ..... .. .. .. . . . .. .. .. . . . . ... . . . . .. . .. . .. .... . ... . . . . .. . . . . . . .. .. . .. . . . .. ........ .... . . .. . ... . Jim Coulter, Director Water Wastewater Utilities a.-r~~ Vance Kemler, Director Solid Waste ORDINANCE NO. 2006- AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO. 2005-251 FOR WATER SERVICE RATES AND WATER RATES; AMENDING THE RESIDENTIAL WATER SERVICE (SCHEDULE WR); BY THE ADDITION OF A RESIDENTIAL WATER IRRIGATION RATE (WRI); ADDING A COMMERCIAL IRRIGATION RATE (WCI); AMENDING THE COMMERCIAL/INDUSTRIAL WATER SERVICE RATES (SCHEDULE WC); AMENDING THE WHOLESALE RAW WATER SERVICE RATE TO UPPER TRINITY REGIONAL WATER DISTRICT (SCHEDULE WRW); AMENDING THE WHOLESALE RAW WATER PASS-THROUGH RATE TO UPPER TRINITY REGIONAL WATER DISTRICT FROM LAKE CHAPMAN INTO LAKE LEWISVILLE (SCHEDULE WCL); ADDING A SPECIAL CONDITIONS RIDER; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SFJ-~TTON 1 That the Rate Schedules for water service as provided for in Chapter 26 of the Code of Ordinances, are amended to read as follows: WATER RATE SCHEDULES WR Residential Water Service EAGE 2 WC Commercial/Industrial Water Service Rate 8 WFH Metered Water From Fire Hydrant 14 WW Wholesale Treated Water Service to Upper Trinity Regional Water District 15 WRW Wholesale Raw Water Service to Upper Trinity Regional Water District 17 WCL Wholesale Raw Water Pass-Through to Upper Trinity Regional Water District 18 from Lake Chapman into Lake Lewisville Water Tap and Meter Fees 19 Fire Hydrant Installation 21 Water Laboratory Testing Fees 22 Special Facilities Rider 23 Special Conditions Rider 23 1 SCHEDULE WR RESTDENTTAT; WATER SERVTCE (Effective 1 % 1/06) APPTJCATTON Applicable for single-family residential service, and individually-metered apartments, mobile homes, or multi-family facilities with less than four units, with wastewater service within the corporate limits of the City of Denton, Texas. (WR) Applicable for single-family residential service, and individually-metered apartments, mobile homes, or multi-family facilities with less than four units outside the corporate limits of the City of Denton, Texas with or without wastewater service. (WRO) Applicable where the metered water is used for domestic purposes and is not returned to the wastewater system for collection and treatment. (WRN) Applicable where the metered water is used for landscape irrigation purposes and is not returned to the wastewater system for collection and treatment. (WRI) Applicable where metered water is outside the corporate limits of the City of Denton, Texas and is used for landscape irrigation purposes and is not returned to the wastewater system for collection an treatment. (WRIO) Not applicable to resale, temporary, standby, or supplementary service except in conjunction with applicable rider. MONTHT;Y RA TF> (WR) - RF>STDF>NTTAT; W A TF>R SF>RVTCF>; AND MONTHT;Y RATF> (WRN) - MF>TERED WATER NOT RET1JRNED TO WASTEWATER SYSTEM FOR COT J ;ECTTON AND TREA TMENT (1) Facility Charge Per Rill 3/4" Meter $ 9.55 1" Meter $11.40 1-1/2" Meter $16.25 2" Meter $18.10 2 (2) V olume Charge Rate Per 1 ,000 Gallons RA TE RT JOCK PER 10 DA YS WINTER Billing months of NOV through APRTTJ 0-15,000 gals 15,001-30,000 gals 30,001-50,000 gals Over 50,000 gals $2.60 $2.60 $2.60 $2.60 Sl JMMER Billing months of MAY through OCT $2.60 $3.60 $4.60 $5.00 MONTHT JY RA TES (WRO) - W A TFJR SERVTCE 01 JTSTDE CORPORA TE T JMTTS MONTHTJYRATE (1) Facility Charge Per Rill (2) V olume Charge Rate Per 1 ,000 Gallons MONTHTJYRATE 3/4" Meter 1 " Meter 1-1/2" Meter 2" Meter $11.00 $13.10 $18.65 $20.80 RA TE RT JOCK PER 10 DA YS WINTER Billing months NOV through APRTT J 0-15,000 gals 15,001-30,000 gals 30,001-50,000 gals Over 50,000 gals $3.00 $3.00 $3.00 $3.00 Sl JMMER Billing months MAY through OCT $3.00 $4.15 $5.30 $5.75 MONTHT JY RA TES (WRT) - METERED WATER SERVTCE FOR TRRTGA TTON (1) Facility Charge Per Rill 3/4" Meter 1 " Meter 1-1/2" Meter 2" Meter $ 9.55 $11.40 $16.25 $18.10 3 (2) V olume Charge Rate Per 1 ,000 Gallons RA TE RT JOCK PER 10 DA YS WINTER Sl JMMER Billing months NOV through APRTT J Billing months MAY through OCT 0-15,000 gals 15,001-30,000 gals Over 30,000 gals $2.60 $2.60 $2.60 $3.60 $4.60 $5.00 MONTHT JY RA TF>S (WRTO) - MF>TF>RF>D W A TF>R SF>RVTCF> FOR TRRTGA TTON MONTHTJYRATE (1) Facility Charge Per Rill 3/4" Meter 1 " Meter 1-1/2" Meter 2" Meter $11.00 $13.10 $18.65 $20.80 (2) V olume Charge Rate Per 1 ,000 Gallons RA TE RT JOCK PER 10 DA YS WINTER Sl JMMER Billing months NOV through APRTT J Billing months MAY through OCT 0-15,000 gals 15,001-30,000 gals Over 30,000 gals $3.00 $3.00 $3.00 $4.15 $5.30 $5.75 MTNTMl JM RTT JT JTNG Facility Charge. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECT A T J FA CTT JTTES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. 4 VOIJlJME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons in rate hlock t 1 000 I. t bl k X ra e per, ga . In ra e oc 1,000 gallons RFJTAIIJ WATER RATES lINDER DROlJGHT CONTINGENCY PIJAN CONDITIONS - ORDINANCE NO 2000-006 Under Stage 3 drought conditions, the following residential water rates shall apply for retail customers. Residential customers shall be charged a 20% surcharge penalty for water usage greater than 30,000 gallons per account per thirty (30) days. STAGE 3 WR RATE BLOCKS PER THIRTY (30) DAYS 1 INDER DROl JGHT CONTINGENCY PI JA N WINTER Billing months of NOV through APRIIJ Sl JMMER Billing months of MAY through OCT 0-15,000 gals 15,001-30,000 gals 30,001-50,000 gals Over 50,000 gals $2.60 $2.60 $2.60 $2.60 $2.60 $3.60 $5.52 $6.00 STAGE 3 WRO RATE BLOCKS PER THIRTY (30) DAYS 1 INDER DROl JGHT CONTINGENCY PI JA N WINTER Billing months of NOV through APRIIJ Sl JMMER Billing months of MAY through OCT 0-15,000 gals 15,001-30,000 gals 30,001-50,000 gals Over 50,000 gals $3.00 $3.00 $3.00 $3.00 $3.00 $4.15 $6.36 $6.90 5 STAGE 3 WRI RATE BLOCKS PER THIRTY (30) DAYS 1 INnER nROl JGRT CONTINGENCY PI;A N WINTER Billing months of NOV through APRIl; Sl JMMER Billing months of MAY through OCT 0-15,000 gals 15,001-30,000 gals Over 30,000 gals $2.60 $2.60 $2.60 $3.60 $4.60 $6.00 STAGE 3 WRIO RATE BLOCKS PER THIRTY (30) DAYS 1 INnER nROl JGRT CONTINGENCY PI;A N WINTER Billing months of NOV through APRIl; Sl JMMER Billing months of MAY through OCT 0-15,000 gals 15,001-30,000 gals Over 30,000 gals $3.00 $3.00 $3.00 $4.15 $5.30 $6.90 Under Stage 4 drought conditions, the following residential water rates shall apply for retail customers. Residential customers shall be charged a 20% surcharge penalty for water usage greater than 15,000 gallons per account per thirty (30) days. STAGE 4 WR RATE BLOCKS PER THIRTY (30) DAYS 1 INnER nROl JGRT CONTINGENCY PI;A N WINTER Billing months of NOV through APRIl; Sl JMMER Billing months of MAY through OCT 0-15,000 gals 15,001-30,000 gals 30,001-50,000 gals Over 50,000 gals $2.60 $2.60 $2.60 $2.60 $2.60 $4.32 $5.52 $6.00 6 STAGE 4 WRORATEBLOCKSPER THIRTY (30) DAYS 1 INnER nROl JGRT CONTINGENCY PI;A N WINTER Billing months of NOV through APRIl; 0-15,000 gals 15,001-30,000 gals 30,001-50,000 gals Over 50,000 gals $3.00 $3.00 $3.00 $3.00 STAGE 4 WRI RATE BLOCKS PER THIRTY (30) DAYS 1 INnER nROl JGRT CONTINGENCY PI;A N WINTER Billing months of NOV through APRIl; 0-15,000 gals 15,001-30,000 gals Over 30,000 gals $2.60 $2.60 $2.60 STAGE 4 WRIO RATE BLOCKS PER THIRTY (30) DAYS 1 INnER nROl JGRT CONTINGENCY PI;A N WINTER Billing months of NOV through APRIl; 0-15,000 gals 15,001-30,000 gals Over 30,000 gals $3.00 $3.00 $3.00 7 Sl JMMER Billing months of MAY through OCT $3.00 $4.98 $6.36 $6.90 Sl JMMER Billing months of MAY through OCT $3.60 $5.52 $6.00 Sl JMMER Billing months of MAY through OCT $4.15 $6.36 $6.90 SCHEDULE WC COMMERCTATi/TND1JSTRTATi WATER SERVTCE RATE (Effective 1 % 1/06) APPTJCATTON Applicable to all commercial and industrial users, or other water users not otherwise classified under this ordinance, for all water provided at one point of delivery and measured through one meter. (WC) Applicable for all commercial and industrial users or other users not otherwise classified under this ordinance outside of the corporate limits of the City of Denton for all water service provided at one point of delivery and measured through one meter, with or without wastewater service. (WCO) Applicable where the metered water is used for commercial purposes and is not returned to the wastewater system for collection and treatment. (WCN) Applicable where metered water is used for landscape irrigation purposes and is not returned to the wastewater system for collection and treatment. (WCI) Applicable where metered water is outside the corporate limits of the City of Denton, Texas and is used for landscape irrigation purposes and is not returned to the wastewater system for collection and treatment. (WCIO) Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. MONTHT iY RA TE (WC) and (WCN) (1) Facility Charge Per Rill 3/4" Meter I" Meter 1-1/2" Meter 2" Meter 3" Meter 4" Meter 6" Meter 8" Meter 10" Meter $20.20 $22.20 $25.75 $31.65 $66.25 $122.50 $153.00 $178.00 $214.00 (2) V olume Charge $2.87 per 1,000 gallons 8 MONTHT;V RA TR (WCO) - 01 JTSTDR CORPORA TR T JMTTS (1) Facility Charge 3/4" Meter 1 " Meter 1-1/2" Meter 2" Meter 3" Meter 4" Meter 6" Meter 8" Meter 1 0" Meter (2) V olume Charge MONTHT;V RA TR (WCT) - TRRTGA TTON (1) Facility Charge 3/4" Meter I" Meter 1-1/2" Meter 2" Meter 3" Meter 4" Meter 6" Meter 8" Meter 10" Meter (2) V olume Charge Per Rill $21.50 $23.50 $29.60 $34.50 $75.00 $141.00 $176.00 $205.00 $247.00 $3.25 per 1,000 gallons Per Rill $20.20 $22.20 $25.75 $31.65 $66.25 $122.50 $153.00 $178.00 $214.00 Rate Per 1 ,000 Gallons WINTRR Billing months of NOV through APRTT; $2.87 9 Sl JMMRR Billing months of M A V through OCT $3.45 MONTHT iY RA TR (WCTO) - TRRTGA TTON (1) Facility Charge Per Rill 3/4" Meter I" Meter 1-1/2" Meter 2" Meter 3" Meter 4" Meter 6" Meter 8" Meter 10" Meter $21.50 $23.50 $29.60 $34.50 $75.00 $141.00 $176.00 $205.00 $247.00 (2) V olume Charge Rate Per 1 ,000 Gallons WINTRR Sl JMMRR Billing months of NOV throllgh APRTTi Billing months of MAY throllgh OCT $3.30 $3.95 MTNTMl JM RTT iT iTNG Facility Charge. P A YMRNT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPRCT A T i FA CTT JTTRS All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOTilJMR CHARGR Billing for the water consumption shall be based on the consumption during the billing period. Formula: Gallons consllmption R t 1 000 II X a e per, ga ons 1,000 10 COMMERCTATJINDlJSTRTATJ WATER RATES (WC/WCN/WCT) lINDER DROlJGHT CONTINGENCY PTJAN CONDTTTONS - ORDTNANCE NO 2000-006 Under Stage 3 drought conditions, the following commercial/industrial water rates shall apply for retail customers. Commercial/Industrial customers shall be charged a 20% surcharge penalty for water usage above 80% of prior billing volumes per account per thirty (30) days. STAGE 3 WC/WCN RATE BLOCKS PER THIRTY (30) DAYS 1 INDER DROl JGHT CONTINGENCY PT JA N V olume Rate for under 80% volumes $2.87/1,000 gals V olume Rate for volume over 80% of Prior Billing Volumes $3.45/1,000 gals COMMERCTATJTNDlJSTRTATJ WATER RATES (WCO) lINDER DROlJGHT CONTINGENCY PT JAN CONDTTTONS - ORDTNANCE NO 2000-006 Under Stage 3 drought conditions, the following commercial/industrial water rates shall apply for retail customers. Commercial/Industrial customers shall be charged a 20% surcharge penalty for water usage above 80% of prior billing volumes per account per thirty (30) days. STAGE 3 WCO RATE BLOCKS PER THIRTY (30) DAYS 1 INDER DROl JGHT CONTINGENCY PT JA N V olume Rate for under 80% volumes $3.25/1,000 Gallons V olume Rate for volume over 80% of Prior Billing Volumes $3.90/1,000 Gallons STAGE 3 WCI RATE BLOCKS PER THIRTY (30) DAYS 1 INDER DROl JGHT CONTINGENCY PT JA N WTNTFJR Sl JMMER Billing months of NOV through APRTTJ Billing months of MAY through OCT V olume Rate for under 80% volumes $2.87/1,000 gals $3.45/1.000 gals V olume Rate for volume over 80% of Prior Billing Volumes $3.45/1,000 gals $4.15/1,000 gals 11 STAGE 3 WCIO RATE BLOCKS PER THIRTY (30) DAYS 1 INnER nROl JGRT CONTINGENCY PI JA N WTNTFJR Sl JMMER Billing months of NOV through APRIIJ Billing months of MAY through OCT V olume Rate for under 80% volumes $3.30/1,000 gals $3.95/1.000 gals V olume Rate for volume over 80% of Prior Billing Volumes $3.95/1,000 gals $4.74/1,000 gals Under Stage 4 drought conditions, the following commercial/industrial water rates shall apply for retail customers. Commercial/Industrial customers shall be charged a 20% surcharge penalty for water usage above 70% of prior billing volumes per account per thirty (30) days. STAGE 4 WC/WCN RATE BLOCKS PER THIRTY (30) DAYS 1 INnER nROl JGRT CONTINGENCY PI JA N V olume Rate for under 70% volumes $2.87/1,000 Gallons V olume Rate for volume over 70% of Prior Billing Volumes $3.45/1,000 Gallons Under Stage 4 drought conditions, the following commercial/industrial water rates shall apply for retail customers. Commercial/Industrial customers shall be charged a 20% surcharge penalty for water usage above 70% of prior billing volumes per account per thirty (30) days. STAGE 4 WCORATEBLOCKSPER THIRTY (30) DAYS 1 INnER nROl JGRT CONTINGENCY PI JA N V olume Rate for under 70% volumes $3.25/1,000 Gallons V olume Rate for volume over 70% of Prior Billing Volumes $3.90/1,000 Gallons 12 STAGE 4 WCI RATE BLOCKS PER THIRTY (30) DAYS 1 INnER nROl JGRT CONTINGENCY PI JA N V olume Rate for under 70% volumes V olume Rate for volume over 70% of Prior Billing Volumes WTNTFJR Billing months of NOV through APRIIJ $2.87/1,000 gals $3.45/1,000 gals STAGE 4 WCIO RATE BLOCKS PER THIRTY (30) DAYS 1 INnER nROl JGRT CONTINGENCY PI JA N V olume Rate for under 70% volumes V olume Rate for volume over 70% of Prior Billing Volumes WTNTFJR Billing months of NOV through APRIIJ $3.30/1,000 gals $3.95/1,000 gals 13 Sl JMMER Billing months of MAY through OCT $3.45/1.000 gals $4.15/1,000 gals Sl JMMER Billing months of MAY through OCT $3.95/1.000 gals $4.74/1,000 gals SCHEDULE WFH MF,TRRRD W A TRR FROM FTRR HYDRANT (Effective 1 % 1/06) APPTJCATTON Applicable for all water taken through a fire hydrant or other direct distribution line source at one location for private or commercial use not associated with fire fighting. Customers must complete, sign, and agree to all terms and conditions stated in the "Fire Hydrant Meter Use Agreement." DRPOSTT $800.00 per meter User shall place a deposit each time a City's hydrant meter(s) is requested. Deposit will be returned when meter is returned and final bill is paid. NRTRATR V olume Charge $3.33 per 1,000 gallons Monthly volume shall be computed by subtracting the beginning meter reading from the ending meter reading divided by 1,000, and multiplied times the volume charge, upon the monthly return of the meter to the Water Department for reading. Per the "Fire Hydrant Meter Use Agreement", failure by the Customer to return the meter to water utilities by the 3rd day of each month for reading, results in acceptance by the Customer to pay a monthly billing equal to 100,000 gallons of water usage for the month. Facility Charge $66.25 per bill P A YMRNT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 14 SCHEDULE WW WHOLESALE TREATED WATER SERVICE TO 1 JPPRR TRTNTTYRRGTONATi WATRR DTSTRTCT (Effective 1 % 1/06) APPTJCATTON Applicable to all wholesale treated water sales from the City of Denton, Texas to the Upper Trinity Regional Water District (UTRWD). Not applicable for temporary, standby, or supplementary service. MONTHTiY CHARGFiS The monthly charge for service shall be expressed as a facility charge, a volume price per 1,000 gallons and a demand price per million gallons per day (MGD) of demand. (WW2) (1) Facility Charge $176.00 per bill (2) Water Volume Rate $0.34 per 1,000 gallons (WD2) (3) Subscribed Demand Rate $406,107 00 per MGD (Annllal) 12 (Paid Monthly) *Full Payment of Annual Water Demand Adjustments: As determined in the last month of each fiscal year (September), if any outstanding or unpaid annual water demand adjustment charges exist, they shall be included in their entirety on the monthly billing for the following month of October. Water demand adjustment charges shall be billed and payable in full, in accordance with the bill payment delinquency provisions provided for below. MTNTMl JM RTT iT iTNG The minimum monthly billing shall be the sum of the monthly facility charge plus the monthly subscribed demand rate charge. WATRR DRMAND The demand will be billed on a monthly basis at the Water Demand Rate for the subscribed MGD water demand level. Annual water demand charges will be retroactively adjusted up beginning in June for each water year, if anytime during the fiscal year the actual peak demand required, as established by the highest rate of flow controller setting for anyone day during the fiscal year, is greater than the peak demand subscribed during the fiscal year. If the actual peak demand has an increased daily volume between .05 and .10 MGD from the subscribed demand (50,000 - 100,000 15 gallons per day), the annual water demand charge will be adjusted up and billed at the actual peak demand level. RTT J J P A YMRNT DFJ JNQl JRNCY Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within twenty (20) calendar days of the date a bill for service is rendered. There shall be a ten (10%) percent per annum interest charge on the amount due, from the date when due until paid, if not paid within twenty (20) calendar days of the date a bill for service is rendered. 16 SCHEDULE WRW WHOLESALE RAW WATER SERVICE TO TJPPRR TRTNTTYRRGTONATJ WATRR DTSTRTCT (Effective 10/01/06) APPTJCATTON Applicable to all raw water sales from the City of Denton, Texas to the Upper Trinity Regional Water District (UTRWD), per the Interim Sale of Wholesale Raw Water Contract. MONTHTJY CHARGFJS The monthly charge for service shall be expressed as a volume price per 1,000 gallons. Volume Charge: $0.3706 per 1,000 gallons P A YMRNT Denton shall render bills by the tenth (10th) day of each month. Bills shall be due and payable within twenty (20) calendar days of the date a bill is rendered. RTT J J P A YMRNT DFJ JNQT JRNCY Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within 20 calendar days of the date a bill for service is rendered. There shall be a ten (10%) percent per annum interest charge on the amount due, from the date when due until paid, if not paid within twenty (20) calendar days of the date a bill for service is rendered. 17 SCHEDULE WCL WHOLESALE RAW WATER P ASS-THROUGH TO UPPER TRINITY REGIONAL WATER DISTRICT FROM TlAKR CHAPMAN TNTO TlAKR TlRWTSVTTJlFl (Effective 10/01/06) APPTJCATTON Applicable to all pass-through raw water sent from Lake Chapman into Lake Lewisville by the Upper Trinity Regional Water District (UTRWD) per the Cooper Reservoir Project Contract, as well as, all Lake Chapman water reclaimed for reuse if discharged into and subsequently withdrawn from Lewisville Lake by UTR WD or Lewisville pursuant to a reuse permit or other appropriate regulatory authorization. MONTHTlY CHARGFlS The monthly charge for service shall be expressed as a volume price per 1,000 gallons. Volume Charge: $0.0221 per 1,000 gallons P A YMRNT Denton shall render bills monthly. Bills shall be due and payable within twenty (20) calendar days of the date a bill for service is rendered. RTT J 1 P A YMRNT DFJ JNQl JRNCY Bills shall be due and payable when rendered. Bills are considered delinquent if not paid within twenty (20) calendar days of the date a bill for service is rendered. There shall be a ten (10%) percent per annum interest charge on the amount due, from the date when due until paid, if not paid within twenty (20) calendar days of the date a bill for service is rendered. 18 WATER TAP AND METER FEES (Effective 1 % 1/06) APPTJCATTON This schedule applies to the installation, removal, or relocation of water taps and meters by the City of Denton Utility Department at the request of a person, firm, association or corporation. TAP A NT) METER FEES Any person, association of persons, or corporation that requests that a water main tap, water meter or water meter loop, be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: WATER TAPS WITH METER Size of Tap and Meter Paved Street 1 Jnpaved Street 3/4 inch 1 inch 1 ~ inch 2 inch $1,410.00 $1,625.00 $2,055.00 $2,275.00 $595.00 $730.00 $1,085.00 $1,410.00 WATER METER FEES Size of Meter 3/4 inch $305.00 1 inch$375.00 1 ~ inch$490.00 2 inch$630.00 WATER METER RFJ JOCA TTONS Size of Meter Relocation of 1 0 Feet or T Jess 3/4 inch $285.00 1 inch$285.00 1 ~ inch $340.00 2 inch$390.00 19 WATER TJNE TAPS Size of Tap Paved Street 1 Jnpaved Street 4 inch 6 inch 8 inch 12 inch $2,705.00 $2,920.00 $3,895.00 $4,865.00 $1,625.00 $1,895.00 $2,815.00 $3,730.00 FEES FOR TNST AT iT iA TTONS NOT T iTSTFiD For the installation of a tap, loop or meter for which a fee is not specified, the requestor shall pay in advance a 50% deposit based upon the estimated cost of such installation, or similar work, plus an administrative charge of 20%. Upon completion of the installation, the applicant shall be billed at actual cost, as determined by the Utility Department, plus a 20% administrative charge. The installation charges may be waived by the Utility Department for a request to install taps exclusively dedicated to fire sprinkler systems. 20 FIRE HYDRANT INSTALLATION (Effective 10/01/06) APPTJCATTON This schedule applies to the installation, removal, or relocation of fire hydrants by the City of Denton Utility Department at the request of a person, firm, association or corporation. FTRR HYDRANT TNSTATJiATTON FRRS Any person, association of persons, or corporation that requests that a fire hydrant be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: Fire Hydrant Tnstallation Paved Street 1 Jnpaved Street Installation Fee $5,030.00 $3,085.00 FRRS FOR TNST AT iT iA TTONS NOT T iTSTFiD For the installation of a fire hydrant for which a fee is not specified, the requestor shall pay in advance a 50% deposit based upon the estimated cost of such installation, or similar work, plus an administrative charge of 20%. Upon completion of the installation, the applicant shall be billed at actual cost, as determined by the Utility Department, plus a 20% administrative fee. 21 WATER LABORATORY TESTING FEES (Effective 10/01/06) APPTJCATTON Applicable to all customers and entities requesting testing and analysis services from the City of Denton Water/Wastewater Laboratory. RATE Fee Description Fee Per Test Colilert (P/A) Colilert (P/A) Quantitray Total Coliform Analysis (MPN) Heterotrophic Plate Counts (HPC) Fecal Coliform (MF) $20.00 $20.00 $45.00 $25.00 $30.00 Records Search $25.00/hour The testing and analysis fees are established to recover the cost of testing water and wastewater samples. MTNTMl JM RTT iT iTNG $20.00 - Testing $25.00 - Records Search P A YMRNT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 22 SPECIAL FACILITIES RIDER (Effective 10/01/06) All service shall be offered from available facilities. If a Customer service request for a special or unusual service not otherwise provided for by the water rate ordinance, and/or requires facilities or devices which are not normally and readily available at the location at which the Customer requests the service, then the City shall provide the service subject to the requirements of paragraph 2 of this Rider. The total cost of all facilities required to meet the Customer's special requirements, which are incurred by the City in connection with rendering the service shall be subject to a special contract entered into between the Water Utility Department and the Customer. This contract shall be signed by both parties prior to the City providing the requested service to the Customer. SPECIAL CONDITIONS RIDER (Effective 10/01/06) If a special condition or circumstance exists not otherwise provided for by the water rate ordinance, then the City shall have the authority to provide for the special condition subject to the requirements of paragraph 2 of this Rider. Any billing adjustments in connection with any special condition or circumstance shall be at the discretion of the Director of Water Utilities or his designee. 23 SFJ--:TTON 2 That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms of provisions contained in the amended schedule of rates hereby enacted by this ordinance, are hereby repealed to the extent of any such conflict. SF,CTTON :1 That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SF,CTTON 4 That the Schedule of Rates herein adopted shall be effective, charged and applied to all water consumption occurring on and after October 1, 2006; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED AND APPROVED this the day of 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: 24 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 CM: Utilities Administration Howard Martin, 8232 .. DEP ARTMENT: SUBJECT Consider adoption of the Water, Wastewater, Solid Waste, Miscellaneous Fees, Charges & Deposits, and Utility Engineering Rate Ordinances. (The Public Utilities Board recommends approval 5-0) BACKGROUND Proposed FY 2006-07 Utilities budgets and CIP's were presented and approved by the PUB during May and June. The budgets were submitted to City Council for review at the August 2nd budget workshop and are scheduled for adoption on September 26, 2006. The proposed rate ordinances included in this agenda are designed to recover the cost of service for each utility and provide a positive or breakeven net income. During the budget presentations, the PUB reviewed each Utilities budget and the proposed rate changes that could be implemented to support the proposed FY 2006-07 budget and FY 2007-11 CIP. Water is proposing a rate increase that is designed to affect high volume irrigation users and maintain rates for lower users the same. Wastewater rates are not being increased though a residential wastewater cap is being introduced. Staff has also developed a rate structure for Solid Waste that will continue to support once per week cart service and a Household Hazardous Waste program. SUMMARY The various Water, Wastewater, Solid Waste, and Miscellaneous rate changes discussed during the budget review are outlined in greater detail below. All changes have been highlighted in red in the attached ordinances. WATER RATE RECOMMENDATIONS . Add a block rate for residential usage over 50,000 gallons . Increase rates for residential blocks for summer usage: 0-15,000 gallons 15,001-30,000 gallons 30,001-50,000 gallons 50,000 + Current $2.60 $3.50 $4.35 $4.35 Proposed $2.60 $3.60 $4.60 $5.00 . Added a residential irrigation rate (WRI) and an outside the city limit irrigation rate (WRIO). . Increased Drought Stage 3 & 4 rates according to Drought Contingency Plan guidelines. . Added a commercial irrigation rate (WCI) to increase summer rate from $2.87/1,000 gallons to $3.45/1,000 gallons. . Revise the Wholesale Raw Water Rate (WRW) applicable to Upper Trinity Regional Water District (UTRWD). The FY 2006 City of Dallas raw water wholesale rate is projected to be $0.4360/1,000 gallons, a decrease of 1.04% from the existing rate of $0.4406/1,000 gallons. Denton's raw water wholesale rate to UTRWD, which is set at 85% of Dallas' raw water wholesale rate, will correspondingly decrease from the existing rate of$0.3745/1,000 gallons to $0.3706/1,000 gallons. This rate is determined by the terms of the raw water contract between Denton and UTR WD. . Increase the rate for the pass-through raw water sent from Lake Chapman into Lake Lewisville by the UTRWD per the Cooper Reservoir Project Contract and all "Chapman" water reclaimed for reuse if discharged into and subsequently withdrawn from Lewisville Lake by UTRWD or Lewisville. The rate will increase from $0.0212/1,000 gallons to $.02221/1,000 gallons. The rate adjustment is determined by the consumer price index, which as of June 30, 2006 is 4.3% over the same period last year. . Add a Special Conditions Rider to allow administrative decisions to be made to individual accounts when the rate ordinance is not specific. WASTEWATER RATE RECOMMENDATIONS . Add a residential wastewater monthly volume cap of 18,000 gallons. . Consolidate inside and outside city limit rates for contaminated grass, brush, or leaves to establish one rate for disposal services of $41. OO/ton. . Increase minimum charge for Grass/Brush/Leaves (GBL) rate to $15.00/load . Add a Special Conditions Rider to allow administrative decisions to be made to individual accounts when the rate ordinance is not specific. SOLID WASTE RATE RECOMMENDATIONS . Adjust the residential cart rate for each cart size per the following: 1 cart service Large Medium Small Current $17.25 $16.50 $15.75 Proposed $17.75 $16.60 $15.00 2 cart service Large from $32.50 to $33.50 . Remove the Residential Financial Need Discount due to non-participation. . Change Residential Recycling and Processing Services (SWRR) to Residential Recycling. . Change Multi-Family Recycling and Processing Services (MFR) to Multi-Family Chemical Collection/Recycling . Increase all the commercial collection services to increase rate revenue by 4.0%. . Add a demand response rate for roll-off container service. . Increase the minimum commercial charge from $17.25 to $17.75. . Increase delivery fees for roll-off and front/side load containers from $75.00 to $90.00 and $50.00 to $75.00, respectively. . Increase accessibility problem fees for roll-off and front/side load containers from $75.00 to $90.00 and $50.00 to $75.00, respectively. . Increase the cost of installation or removal of Solid Waste Department's locks from $125.00 to $150.00. . Reinstate the Collection and Transportation Services Permit (SWP) . Consolidate inside and outside city limits waste to establish one rate for all retail disposal services of $41. OO/ton. . Establish Wholesale Rates for municipal solid waste (MSW) and construction and demolition (C&D) materials. . Increase the minimum landfill charge from $10. OO/load to $15. OO/load. . Add a provision to sell used or excess containers and carts. MISCELLANEOUS RATE RECOMMENDATIONS There are two miscellaneous rate schedules covering metering related serVIces that DME provides. No changes were made to the Meter Charges schedule. Several changes were made to the Account Connection and Reconnection Charges. This schedule lists the fees for having a newly installed meter turned on, having an existing meter turned on, and having a meter turned on following a disconnection for non-payment. It also specifies the penalty for unauthorized usage of service. The following changes were made to this schedule: . As approved by the PUB and Council, DME now provides next business day service for these activities but will guarantee same day service if a customer pays the same fees charged for after business hours service. The schedule has been changed to reflect this policy. . For connection of new meters, the old schedule had not been appropriately updated to reflex the after business hours fee increase from $35.00 to $55.00 that was adopted last year. This section of the schedule also failed to include the fee for "at the transformer" connections that was adopted last year. . The old schedule listed an $11.00 fee for connection of an existing electric meter and an $11 fee for connection of an existing water meter. These separate charges have been changed to a single $22.00 fee regardless of whether one or both services are connected. This change was made because the cost of a trip to perform this work is the same whether one or both services are connected. . The old schedule also listed separate electric and water charges for after business hours connection of existing meters and had not been properly updated with the $55.00 fee that was adopted last year. Both those issues were corrected. . There are no proposed changes to the Miscellaneous Fees, Charges, and Deposits section of the Miscellaneous Rate Ordinance. ENGINEERING FEES RECOMMENDATIONS . There are no proposed changes to the Engineering Fees Ordinances for FY 2006-07. FISCAL SUMMARY The rates and charges included in the utility rate ordinances provide the revenues necessary to cover the cost of service to customers. RECOMMENDATION Staff recommends approval of the proposed ordinances. EXHIBITS 1. FY 2006-07 Water Rate Ordinance 2. FY 2006-07 Wastewater Rate Ordinance 3. FY 2006-07 Solid Waste Rate Ordinance 4. FY 2006-07 Miscellaneous Fees, Charges, and Deposits Rate Ordinance 5. FY 2006-07 Engineering Fees Ordinance Respectfully submittted: ~.:.~... . . . . . . .. .. . ... ... . . ... .. . . . . . ..... .. .. .. . . . .. .. .. . . . . ... . . . . .. . .. . .. .... . ... . . . . .. . . . . . . .. .. . .. . . . .. ........ .... . . .. . ... . Jim Coulter, Director Water Wastewater Utilities a.-r~~ Vance Kemler, Director Solid Waste ORDINANCE NO. 2006- AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO. 2005-252 FOR WASTEWATER SERVICE; AMENDING THE RESIDENTIAL WASTEWATER SERVICE RATE BY ADDING A WASTEWATER VOLUME MAXIMUM (SCHEDULE SR); AMENDING THE GRASS/BRUSH/LEAVES RATE (SCHEDULE GBL); ADDING A SPECIAL CONDITIONS RIDER; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SFJ-~TTON 1 That the Rate Schedules for wastewater service as provided for in Chapter 26 of the Code of Ordinances, are amended to read as follows: WASTEWATER RATE SCHEDULES SR Residential Wastewater Service 3 SMH Mobile Home Park Wastewater Service 6 SC Commercial and Industrial Wastewater Service 9 SCD Commercial/Industrial Wastewater Service Which Measures With 13 Dedicated Water Meters (Sub-meters); Water For Wastewater Billing SCS Commercial/Industrial Wastewater Service Which Measures With 15 Dedicated Water Meters (Sub-meters); Water Excluded From Wastewater Billing SEE Equipment Services Facilities and Restaurants & Food 17 Service Establishments Wastewater Service SM Metered Wastewater Inside and Outside Corporate Limits 20 SGE Sale of Treated Wastewater Effluent 22 SSC Wholesale Wastewater Treatment Service for a Governmental Agency, Division or Subdivision 24 CWM DYNO Dirt Products 26 GBL Grass, Brush, and Leaves 28 1 ST Wastewater Tap Fees 29 STE Treated Effluent Wastewater Tap Fees 30 OSSF On-Site Sewage Facility Fees 31 SD Storm Drainage Fees 32 Special Facilities Rider 34 Special Conditions Rider 34 2 SCHEDULE SR RESTDENTTAT; WASTEWATER SERVTCE (Effective 10/1/06) APPTJCATTON Applicable for single-family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than four (4) units. Also applicable for wastewater service without City of Denton, Texas water service. Not applicable for sub-billing or other utility billing by service user in any event. MONTHT;Y RA TF>S (SR) - WITH CTTY OF DF>NTON W A TF>R SF>RVTCF> (1) Facility Charge $7.45/bill (2) V olume Charge $2.85/1,000 gallons effluent MONTHT;Y RATF>S (SRO) - OlJTSTDF> CORPORATF> TJMTTS WITH CTTY OF DF>NTON WATER SERVTCE (1) Facility Charge $8.60/bill (2) V olume Charge $3.29/1,000 gallons effluent Except as otherwise stated in this schedule, wastewater volume is calculated based upon a current winter Average Daily Usage, established annually during the previous billing months of December through February, and based upon 98% of actual water consumption during those months. The average daily usage may be calculated using as few as two months. The Average Daily Usage thus calculated establishes the wastewater volume charge for each subsequent month, through the following February. Wastewater volumes will be capped at a maximum of 18,000 gallons/bill. For customers without an established winter Average Daily Usage water consumption billing history derived from the preceding billing months of December through February, wastewater volume for each billing month through the following February shall be calculated at 98% of 6,500 gallons. MTNTMl JM RTT J JNG - WITH CTTY OF DENTON WATER SERVTCF> Facility Charge. 3 VOTJJME CHARGE - WITH CTTY OF DENTON WATER SF/RVTCE With a current Average Daily Usage, billings through the following February shall be based on the average daily usage calculated using the following formula. Current Average Dally 1 Jsage x 9Ro~ X Rate per 1,000 gallons 1,000 For customers without an established current Average Daily Usage, billings shall be based on 98% of 6,500 gallons. 6,500 Gallons x 9Ro~ X Rate per 1,000 gallons 1,000 PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECT A T I FA CTT JTTES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. MONTHT IY RA TES (SRNT/SRNO) - WITHOl JT CTTY OF DENTON WATER SERVTCE SRNI SRNO Inside Corporate Outside Corporate Limits Limits (1) Facility Charge $7.45/bill $8.60/bill (2) Volume Charge $2.85/1,000 gals $3.29/1,000 gals The customer shall pay a minimum Volume Charge on the established billable volume of five thousand (5,000) gallons per month. MTNTMl JM RTT J JNG - WITHOl JT CTTY OF DENTON WATER SERVTCE The Facility Charge plus five thousand (5,000) gallons of wastewater. 4 VOTJJME CHARGE - WTTH01JT CTTY OF DENTON WATER SF,RVTCE The billing for the wastewater volume shall be based on the minimum wastewater volume (5,000 gallons) during the billing period. Minimllm Wastewater Volllme X Rate per 1,000 gallons 1,000 Wastewater volumes will be capped at a maximum of 18,000 gallons/bill. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECT AT, FA CTT JTTES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. 5 SCHEDULE SMH MORTTiE HOME PARK WASTEWATER SERVTCE (Effective 1 % 1/06) APPTJCATTON Applicable for mobile home parks that are master water metered to provide residential wastewater service. Wastewater service is billed based on the Customer's winter average water usage. Also applicable for wastewater service without City of Denton water service, in the event the mobile home park does not have a master meter for wastewater. Wastewater service is billed on the average residential wastewater volume per customer. Not applicable for sub-billing or other utility billing by service user in any event. MONTHT iY RA TF> (SMH) - WITH CTTY OF DF>NTON W A TF>R SF>RVTCF> (1) Facility Charge $19.47/bill (2) Volume Charge $2.85/1,000 gallons effluent MONTHT iY RA TF> (SMHO) - 01 JTSTDE CORPORA TE T JMTTS WITH CTTY OF DF>NTON WATER SERVTCE (1) Facility Charge $21.62/bill (2) Volume Charge $3.29/1,000 gallons effluent Except as otherwise stated in this schedule, wastewater volume is calculated based upon a current winter Average Daily Usage, established annually during the previous billing months of December through February, and based upon 98% of actual water consumption during those months. The average daily usage may be calculated using as few as two months. The Average Daily Usage thus calculated establishes the wastewater Volume Charge for each subsequent month, through the following February. For customers without an established winter Average Daily Usage water consumption billing history derived from the preceding billing months of December through February, wastewater volume for each billing month through the following February shall be calculated at the established billable volume (5,000 gallons per month per mobile home) for mobile home park customers not receiving water service. 6 MTNTMl JM RTT J JNG - WITH CTTY OF DENTON WATER SERVTCF, Facility Charge. VOTJJME CHARGE - WITH CTTY OF DENTON WATER SF,RVTCE With a current Average Daily Usage, billings through the following February shall be based on the average daily usage calculated using the following formula. Cllrrent Average Dally 1 Jsage x 9Ro~ X Rate per 1,000 gallons 1,000 For customers without an established winter Average Daily Usage, billings shall be based on the established billable volume of 5,000 gallons per mobile home per month. Estahlished Rillahle Volllme X Rate per 1,000 gallons x Number of Mobile Homes 1,000 PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECT AT, FA CTT JTTES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. MONTHT ,Y RA TE (SMNT/SMNO) - WITHOl JT CTTY OF DF,NTON W A TF,R SERVTCE SMNI SMNO Inside Corporate Outside Corporate Limits Limits (1) Facility Charge $19.47/bill $21.62/bill (2) Volume Charge $2.85/1,000 gals $3.29/1,000 gals The Customer shall pay a minimum Volume Charge on the established billable volume of five thousand (5,000) gallons per month. MTNTMl JM RTT J JNG - WITHOl JT CTTY OF DENTON WATER SERVTCE The Facility Charge plus five thousand (5,000) gallons of wastewater per mobile home. 7 VOTJJME CHARGE - WTTH01JT CTTY OF DENTON WATER SF,RVTCE The billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Minimllm Wastewater Volllme X Rate per 1,000 gallons x Number of Mobile Homes 1,000 PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECT AT, FA CTT JTTES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. 8 SCHEDULE SC COMMERCTAT; AND TND1JSTRTAT; WASTEWATER SERVTCE (Effective 1 % 1/06) REG1JT;AR COMMERCTAT; APPTJCATTON Applicable to all general commercial and industrial wastewater service users and to all wastewater service users not otherwise specifically classified under a specialized class wastewater rate. Also applicable to all commercial facilities not receiving metered water service from the City of Denton, including subdivisions, for apartments, or other commercial users. MONTHT;Y RA TE (SC) - WITH CTTY OF DENTON WATER SERVTCE (1) Facility Charge $19.47/bill (2) V olume Charge $3.70/1,000 gallons effluent Billing based on eighty (85%) percent of monthly water consumption. Elus PRETREATMENT/PROGRAM CHARGES (As Applicahle) (SCA) (A) Categorical Customer $400.00/bill (SCB) (B) Non-categorical Customer $ 50.00/bill SAMPTJNG AND ANAT;YSTS CHARGES (As applicahle) (A) Sampling charge (each) $42.00 (B) Analysis charge (per test) $21.00 MONTHT;Y RATE (SCO) - 01 JTSTDE CORPORA TE T JMTTS WITH CTTY OF DENTON WATER SERVTCE (1) Facility Charge $21.62/bill (2) V olume Charge $4.26/1,000 gallons effluent Billing based on eighty (85%) percent of monthly water consumption. 9 MTNTMl JM RTT iT iTNG Facility Charge. VOTilJMR CHARGR Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume X R5 X Rate per 1,000 gallons 1,000 COMMRRCTATi AND TND1JSTRTATi SlJRCHARGR In addition to the above charges for commercial and industrial services, there will be added to the monthly rate a surcharge based on the following formula: Surcharge Unit Cost Factor $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) Cu == Vu ([Bu-250] B + [Su-250] S]) Where: Cu Vu Bu B Su S is the surcharge for customer X. is the billing volume per 1000 gallons for customer X. is the tested BOD level for user X or 250 mg/l, whichever is greater. is the unit cost factor for treating one unit BOD per 1,000 gallons. is the tested TSS level for user X or 250 mg/l, whichever is greater. is the unit cost factor for treating one unit of TSS per 1,000 gallons. MONTHT iY RA TR (SCNT/SCNO) - WTTHOl JT CTTY OF DRNTON W A TRR SRRVTCFi SCNI SCNO Inside Corporate Outside Corporate T jmits Limits (1) Facility Charge $19.47/bill $21.62/bill (2) V olume Charge $3.70/1,000 gals $4.26/1,000 gals The minimum apartment Volume Charge will be for five thousand (5,000) gallons per unit receiving wastewater service per month. Other commercial users will be billed on their estimated monthly wastewater volume. 10 MTNTMl JM RTT iT iTNG (1) Facility Charge plus 5,000 gallons wastewater per unit receiving wastewater service. or (2) Facility Charge plus other commercial user estimated monthly wastewater volume. VOTilJME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Minimllm wastewater volllme X Rate per 1,000 gallons 1,000 Elus PRETREATMENT/PROGRAM CHARGFiS (As applicahle) (1) Categorical Customer $400/bill (2) Non-categorical Customer $50/bill SAMPTJNG AND ANATiYSTS CHARGES (As applicahle) (1) Sampling charge (each) $42.00 (2) Analysis charge (per test) $21.00 COMMERCTATi AND TND1JSTRTATi SlJRCHARGE In addition to the above charges for commercial and industrial services, there will be added to the net monthly rate a surcharge based on the following formula: Surcharge Unit Cost Factor $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) Cu == Vu ([Bu-250] B + [Su-250] S]) Where: Cu Vu is the surcharge for customer X. is the billing volume per 1000 gallons for customer X. 11 Bu is the tested BOD level for user X or 250 mg/l, whichever is greater. B is the unit cost factor for treating one unit BOD per 1,000 gallons. Su is the tested TSS level for user X or 250 mg/l, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. P A YMRNT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPRCT A T J FA CTT JTTRS All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. 12 SCHEDULE SCD COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB-METERS), W A TRR FOR W ASTRW A TRR RTT I ING (Effective 1 % 1/06) APPTICATTON Applicable to all commercial and industrial wastewater service users and to all wastewater service users not otherwise classified under this ordinance whose wastewater volume is measured by a water meter which measures the water which is returned into the wastewater collection and treatment system. The SCD sub-metered wastewater volumes are billed to the Customer. Not applicable for sub-billing or other utility billing by service user in any event. MONTHTiYRATR (1) Facility Charge Rilling Per Rill 3/4" Meter 1 " Meter 1-1/2" Meter 2" Meter 3" Meter 4" Meter 6" Meter 8" Meter 1 0" Meter $25.83 $28.24 $35.56 $41.46 $90.12 $169.43 $211.48 $246.33 $296.80 (2) Volume Charge $3.70/1,000 gallons effluent The wastewater billing is based on ninety-eight (98%) percent of the actual water volume submetered. MTNTMl JM RTT iT iTNG Facility Charge. P A YMRNT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 13 SPRCT AT; FA CTT JTTRS All services which require special facilities in order to meet customer's service requirements shall be provided subject to the Special Facilities Rider. COMMRRCTAT; AND TND1JSTRTAT; SlJRCHARGR In addition to the above charges for services, there will be added to the monthly rate a surcharge based on the following formula: Surcharge Unit Cost Factor $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) Cu == Vu ([Bu-250] B + [Su-250] S]) Where: Cu Vu Bu B Su S is the surcharge for customer X. is the billing volume per 1000 gallons for customer X. is the tested BOD level for user X or 250 mg/l, whichever is greater. is the unit cost factor for treating one unit BOD per 1,000 gallons. is the tested TSS level for user X or 250 mg/l, whichever is greater. is the unit cost factor for treating one unit of TSS per 1,000 gallons. VOT;lJMR CHARGR Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Actual Water volume X 9R X Rate per 1,000 gallons 1,000 14 SCHEDULE SCS COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB-METERS), W A TRR RXCT J TDF]) FROM W ASTRW A TRR RTT] JNG (Effective 10/01/06) APPTJCATTON Applicable to all commercial and industrial wastewater service users and to all wastewater service users not otherwise classified under this ordinance whose wastewater volume is calculated by a water meter which measures the water which is not returned into the wastewater collection and treatment system. The SCS sub-metered wastewater volumes are consumed in the customer's processes, not returned to the wastewater system, and are therefore excluded from the customer's wastewater billing volumes. Not applicable for sub-billing or other utility billing by service user in any event. MONTHTiYRATR (1) Facility Charge Rilling Per Rill 3/4" Meter 1 " Meter 1-1/2" Meter 2" Meter 3" Meter 4" Meter 6" Meter 8" Meter 1 0" Meter $25.83 $28.24 $35.56 $41.46 $90.12 $169.43 $211.48 $246.33 $296.80 (2) V olume Charge - None The wastewater billing exclusion is based on one-hundred (100%) percent of the actual water volume submetered. MTNTMl TM RTT iT iTNG Facility Charge. P A YMRNT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 15 SPRCT A T J FA CTT JTTRS All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. WASTRWATFJR SlJRCHARGR In addition to the above charges for services, there will be added to the monthly rate a surcharge based on the following formula: Surcharge Unit Cost Factor $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) Cu == Vu ([Bu-250] B + [Su-250] S]) Where: Cu Vu Bu B Su S is the surcharge for customer X. is the billing volume per 1000 gallons for customer X. is the tested BOD level for user X or 250 mg/l, whichever is greater. is the unit cost factor for treating one unit BOD per 1,000 gallons. is the tested TSS level for user X or 250 mg/l, whichever is greater. is the unit cost factor for treating one unit of TSS per 1,000 gallons. VOTJJMR CHARGR RXCTJJSTON The wastewater volume exclusion shall be based on the water volume calculated during the billing period. This sub-metered volume shall be excluded, in other words, removed, from the master meter water volume prior to the wastewater billing volume calculation. 16 SCHEDULE SEE EQUIPMENT SERVICES FACILITIES AND RESTAURANTS & FOOD SERVICE ESTABLISHMENTS WASTF/WATER SERVTCE (Effective 1 % 1/06) APPTJCATTON Applicable to facilities which perform washing, cleaning or servicing of automobiles, trucks, buses or similar equipment and are categorized by Standard Industrial Code Numbers 5541, 7549, 7542, and/or similar code classifications. Applicable to all restaurants and food service establishments that prepare and serve food directly to customers and are categorized by Standard Industrial Code Numbers 5812,5813 and/or similar code classifications. MONTHT IV RA TE (SEE) (1) Facility Charge $19.47/bill (2) V olume Charge $5.11/1,000 gallons effluent Billing based on eighty (85%) percent of monthly water consumption. Elus PRETREATMENT / PROGRAM CHARGES (As Applicahle) (SEA) (A) Categorical $400/bill (SEB) (B) Non-categorical $50/bill The appropriate Pretreatment/Program charge will be applied if the Customer is identified as either categorical or non-categorical. These charges are not to be applied if the Customer is not designated as either a categorical or non-categorical customer. SAMPT JNG/ ANAT IVSTS CHARGES (As Applicahle) (1) (2) Sampling charge (each) Analysis charge (per test) $42.00 $21.00 "SEE" RA TFI EXEMPTTONS (1) Customers under the SEE rate shall be charged the SC rate if only pre-wrapped and preprocessed foods are served from their premises and no food processing is performed on the premises so that only minimal organic material is discharged to the 17 sanitary sewer. The exemption for the SEE class shall be determined by the City of Denton Environmental Health Services Food Inspection Division. (2) Customers under the SEE rates shall be charged the SC rate plus the applicable industrial surcharge if the Customer: (a) Installs a wastewater sampling manhole on the sanitary sewer discharge line; (b) Agrees to pay for the City to sample and analyze, quarterly, the wastewater discharge for the following: Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and Fats, Oils and Grease (FOG), based on the actual costs; and ( c ) Agrees to pay, based on the industrial surcharge formula, a surcharge on all wastewater discharged that is in excess of 500 mg/l of BOD and 550 TSS as determined by the monitoring performed in Section 2(b ). MTNTMl JM RTT iT iTNG Facility Charge. WASTRWATFiR SlJRCHARGR The wastewater surcharge calculation that applies to equipment services facilities and restaurant and food service establishments claiming the SEE exemption shall be based on the following formula: Surcharge Unit Cost Factor $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) Cu == Vu ([Bu-500] B + [Su-600] S]) Where: Cu Vu Bu B Su S is the surcharge for customer X. is the billing volume per 1000 gallons for customer X. is the tested BOD level for user X or 500 mg/l, whichever is greater. is the unit cost factor for treating one unit BOD per 1,000 gallons. is the tested TSS level for user X or 600 mg/l, whichever is greater. is the unit cost factor for treating one unit of TSS per 1,000 gallons. P A YMRNT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPRCT A T i FA CTT JTTRS 18 All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOTJ1JME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume X R5 X Rate per 1,000 gallons 1,000 19 SCHEDULE SM METERED WASTEWATER INSIDE AND OUTSIDE CORPORATE TJMTTS (Effective 1 % 1/06) APPTJCATTON Applicable to any wastewater service Customer whose wastewater discharge is metered from a single customer location and not otherwise classified under this ordinance. MONTHTlYRATE SMI Inside Corporate Limits SMO Outside Corporate Limits (1) Facility Charge $240.32/bill $276.37/bill (2) V olume Charge $3.70/1,000 gals $4.26/1,000 gals Elus (3) Pretreatment/Program Charge (As Applicable) (SMA) (A) Categorical $400/bill (SMB) (B) Non-categorical $50/bill The appropriate Pretreatment/Program charge will be applied if the Customer is identified as either categorical or non-categorical. The categorical and non-categorical classifications are not bound by corporate limits. These charges are not to be applied if the Customer is not designated as either a categorical or non-categorical Customer by the wastewater utility staff. SAMPT JNG/ ANAT lYSTS CHARGE (As Applicable) (1) Sampling charge (each) $42.00 (2) Analysis charge (per test) $21.00 WASTEWATFlR SlJRCHARGE In addition to the above charges, there will be added to the monthly rate for metered wastewater, a surcharge based on the following formula: Surcharge Unit Cost Factor $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) 20 Cu == Vu ([Bu-250] B + [Su-250] S]) Where: Cu is the surcharge for customer X. Vu is the billing volume per 1000 gallons for customer X. Bu is the tested BOD level for user X or 250 mg/l, whichever is greater. B is the unit cost factor for treating one unit BOD per 1,000 gallons. Su is the tested TSS level for user X or 250 mg/l, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. MTNTMl JM RTT iT iTNG Facility Charge, plus the appropriate Pretreatment/Program Charge, if applicable. P A YMRNT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPRCT A T i FA CTT JTTRS All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOTilJMR CHARGR Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Wastewater volllme X Rate per 1,000 gallons 1 ,000 21 SCHEDULE SGE SATiR OF TRRATRD WASTFiWATRR RFFTJJRNT (Effective 10/1/06) APPTJCATTON Applicable for sales of treated wastewater effluent to any municipal utility or approved private business. Useable for non-potable purposes only. Not intended for human consumption. Not available for resale in any event. PROD1JCT AVATTiARTTJTY Wastewater effluent is available for resale only ifvolumes are available. Supplies may be limited or unavailable. MONTHT iY RA TRS (1) Facility Charge Per Rill 3/4" Meter 1" Meter 1-1/2" Meter 2" Meter 3" Meter 4" Meter 6" Meter 8" Meter 10" Meter $ 20.20 $ 22.20 $ 25.75 $ 31.65 $ 66.25 $122.50 $153.00 $178.00 $214.00 (2) V olume Charge $1.35/1,000 gallons MTNTMl JM RTT iT iTNG Facility Charge. P A YMRNT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 22 SPECT A T J FA CTT JTTES All services which require special facilities in order to meet Customer's service requirements shall be provided subject to the Special Facilities Rider. VOTJ1JME CHARGE Billing for the wastewater volume shall be based on the effluent volume calculated during the billing period. Formula: Efflllent volllme X Rate per 1,000 gallons 1 ,000 23 SCHEDULE SSC WHOLESALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL AGENCY, DTVTSTON, OR Sl JRDTVTSTON (Effective 1 % 1/06) APPTJCATTON Applicable to any municipal corporation, or other governmental agency or subdivision which operates a wastewater collection system and contracts with the City of Denton for wastewater treatment service. MONTHT lY RA TES (1) Facility Charge $198.43/bill (2) Pretreatment/Program Charge (As Applicable) (A) Categorical $400/bill (B) Non-categorical $50/bill (3) Volume Charge $2.20/1,000 gallons Billing shall be based on one hundred (100%) percent of actual gallons measured. SAMPT JNG/ ANAT lYSTS CHARGE (As Applicahle) (1) Sampling Charge (each) $42.00 (2) Analysis Charge (per test) $21.00 MTNTMl JM RTT IT lTNG Facility Charge. WHOT1ESAT1E SlJRCHARGFl In addition to the above charges for wholesale wastewater services, there will be added to the monthly rate an industrial surcharge based on the following formula: Surcharge Unit Cost Factor $0.004886 mg/l of Biochemical Oxygen Demand (BOD) $0.002678 mg/l of Total Suspended Solids (TSS) 24 Cu == Vu ([Bu-250] B + [Su-250] S]) Where: Cu is the surcharge for customer X. Vu is the billing volume per 1000 gallons for customer X. Bu is the tested BOD level for user X or 250 mg/l, whichever is greater. B is the unit cost factor for treating one unit BOD per 1,000 gallons. Su is the tested TSS level for user X or 250 mg/l, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. P A YMRNT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPRCT A T J FA CTT JTTRS All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOTJ1JMR CHARGR Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Wastewater volllme X Rate per 1,000 gallons 1,000 25 SCHEDULE CWM DYNO nTRT PRonTTrT~ (Effective 10/1/06) A PPT IrA TTON Applicable to any and all customers, whether residential, commercial, or wholesale, which elect to acquire the City of Denton's Dyno Dirt products for their use. The City of Denton reserves the right to restrict or limit the sale of all Dyno Dirt products to any customer at any time. R A TR~ Dyno Dirt products will be sold by volume on a cubic yardage basis, or in one cubic foot bags.. Bulk quantities will not be sold in volwnes less than one-half cubic yard. (A) Compost (1) Dyno Soil (Top Soil Blend) (2) Dyno Dirt (3) Dyno Lite $27.50/Cubic Yard $22. 5 O/Cubic Yard $30.00/Cubic Yard (B) Wood Mulch (1) Dyno Brown Mini Mulch (2) Dyno Deco Colored Mulch (3) Dyno Double Grind $17.50/Cubic Yard $30.00/Cubic Yard $17 .SO/Cubic Yard Purchases for (A) and (B) above, greater than ten (10) cubic yards will receive a 20% discount, purchases greater than 100 cubic yards will receive a 40% discount, and purchases greater than 500 yards will receive a 500/0 discount. (C) City of Denton departments will receive a 50% discount on all purchases of Dyno Dirt products (0) One cubic foot bags ofDyno Dirt Pmchase) $1.50/bag (50 Bag Minimum (E) Asphalt Millings $10.00/Cubic Yard PRonTTrT A V All ,ARTT JTY The City of Denton produces Dyno Dirt products throughout the year in varying limited quantities. The City of Denton does not guarantee the availability of any product, and expressly reserves the right to restrict the sale of any product based upon available volumes. 26 T iOCA TTON All Dyno Dirt products may be purchased from the City of Denton at the following location: T iocatl on Address Compost Sales Bldg. Water Reclamation Plant 1100 Mayhill Road, Denton, Texas WHOTiRSATiR P1JRCHASRS All Dyno Dirt products purchased wholesale, for resale to the public, is to be identified as a City of Denton manufactured product. The wholesale purchaser must provide the City of Denton selling price information to the retail customer if it is requested. 27 SCHEDULE GBL GRASS/RRl ISHII lEAVES (Effective 10/1/06) APPIJCATION Applicable to all City of Denton residents who submit for deposit at the landfill grass clippings, brush, and/or leaves, who shall pay the following rates: GRASS/RRl ISHII lEAVES. Product Characterlstlcs Charge 1. Uncontaminated bagged or un-bagged $ 16.25/ton grass, brush, or leaves in less than twelve foot (12') lengths. 2. Uncontaminated bagged or un-bagged $27.00/ton grass, brush, or leaves in greater than twelve foot (12') lengths. 3. Contaminated grass, brush, or leaves of any length: wa5te oliginating witl1iI1 DelltoI1'5 city lin1it5 $33.75/tOI1 (<3 cubic yald5) $41.00/ton (> 3 cubic y al d5 ) wa5te oliginating out5ide of Dentol1' 5 city liInit5 $41.00/tOI1 4. Whole trees and stumps $48.75/ton MINIM1IM CHARGE $15.00 per load. Professional landscapers, tree trimmers, and yard maintenance personnel are required to bring their grass, brush, or leaves (all collectible yard waste) to the landfill, and are not permitted to leave any of the above-referenced collectible yard waste items stacked or piled on the curb at the Customer's location. Grass, brush, and leaves shall not be assessed the City of Denton solid waste 3.5% surcharge to compensate for the State of Texas surcharge for all solid waste received at landfills if the materials are not landfilled. 28 SCHEDULE ST WASTRWATRR TAPFRRS (Effective 1 % 1/06) APPTJCATTON This schedule applies to the installation, removal, or relocation of wastewater taps by the City of Denton Utility Department at the request of any person, firm, association, corporation, or other legal entity. TAP FF,RS Any person, firm, association, corporation, or other legal entity that requests that a wastewater main tap be removed, installed, or relocated by the Wastewater Utility Department shall pay in advance to the Wastewater Utility Department the following applicable fees: WASTRWATF,R TAPS WITH CT,RAN01JT Size of Tap Paved Street 1 Jnpaved Street 4 inch 6 inch 8 inch 1 0 inch $2,000.00 2,110.00 2,220.00 2,380.00 $1,410.00 1,570.00 1,730.00 1,865.00 MANHOT,F, RRRAK01JT FRR 6" - 12" Line $165.00 FRRS FOR TNST AT ,T ,A TTONS NOT T ,TSTF,D For installation of a tap for which a fee is not specified, the requestor shall pay in advance a deposit based upon the estimated cost of such installation, or similar work, plus an administrative charge of 20%. Upon completion of the installation or similar work requested, the customer shall be billed at actual cost, as determined by the Wastewater Utility Department, plus a 20% administrative charge. Any excess deposit shall be refunded to the Customer. 29 SCHEDULE STE TREA TED F,FFT J TENT W ASTEW A TER TAP FEF,S (Effective 1 % 1/06) APPTJCATTON This schedule applies to the installation, removal, or relocation of treated effluent wastewater taps by the City of Denton Utility Department at the request of any person, firm, association, corporation, or other legal entity. TAP FF,ES Any person, firm, association, corporation, or other legal entity that requests that a wastewater main tap be removed, installed, or relocated by the Wastewater Utility Department shall pay in advance to the Wastewater Utility Department the following applicable fees: RE1TSE WASTEWATER TJNE TAPS Size of Tap Paved Street 1 Tnpaved Street 4 inch 6 inch 8 inch 12 inch $2,705.00 2,920.00 3,895.00 4,865.00 $1,625.00 1,895.00 2,815.00 3,730.00 FEES FOR TNST AT ,T ,A TTONS NOT T ,TSTF,D For installation of a tap for which a fee is not specified, the requestor shall pay in advance a deposit based upon the estimated cost of such installation, or similar work, plus an administrative charge of 20%. Upon completion of the installation or similar work requested, the customer shall be billed at actual cost, as determined by the Wastewater Utility Department, plus a 20% administrative charge. Any excess deposit shall be refunded to the Customer. 30 SCHEDULE OSSF ON-STTE SEWAGE F ACTT JTY PERMTT FEES (Effective 1 % 1/06) APPTJCATTON This schedule applies to the new construction of aerobic treatment systems, new construction of non-aerobic treatment systems, and repair and alteration of the above. OSSF PERMTT FEES Any person, firm, association, corporation, or other legal entity that requests a wastewater system work permit shall pay in advance to the Wastewater Utility Department the following applicable fees: New Construction of aerobic treatment systems $410 New Construction of non-aerobic treatment systems $210 Repair or Alteration fees (All types of OS SF's) $50 31 SCHEDULE SD STORM DRATNAGF, FRRS (Effective 10/01/06) APPTJCATTON Applicable to all impervious real property and appurtenances owned and located within the incorporated limits of the City of Denton, Texas, except as exempted below. The Storm Drainage fee charged to each tract of real property is based upon the amount of impervious surface cover that results in water runoff into the City of Denton drainage system. MONTHT IV FF/F, - RF/STDF/NTT AT I (SDR) The residential fee is applicable to all single-family through fourplex real properties located within the incorporated limits of the City of Denton, Texas, for which impervious surfaces can be individually identified. The residential fee is established by utilizing a block system. The fee charged in each fee block is set forth and established as follows: Fee Rlock Per Rill o - 600 Square Feet 601 - 1,000 Square Feet 1,001 - 2,000 Square Feet 2,001 - 3,000 Square Feet 3,001 - 4,000 Square Feet 4,001 - 5,000 Square Feet 5,001 - 6,000 Square Feet Over 6,000 Square Feet $ 0.50 $ 1.00 $ 3.35 $ 5.45 $ 7.60 $ 9.75 $12.00 $15.50 MONTHT IV FF/F, - NON-RF/STDF/NTT A T I (SDN) The non-residential fee is applicable to all other real property owned and located within the incorporated limits of the City of Denton, Texas, except as exempted below. The non-residential fee is based upon the total square footage of impervious surface cover measured for each customer/owner. Formula: Measured Square Footage of Impervious Surface Cover x $0.00186 per bill 32 EXEMPTIONS The following real property owned and located within the incorporated limits of the City of Denton, Texas shall be exempt from imposition of the residential fee or the non-residential fee: 1. Real property with proper construction and maintenance of a wholly sufficient and privately- owned drainage system, not draining into the City of Denton drainage system, upon the real property's inspection and certification by the City; or 2. Real property held and maintained in its natural state, until such time that the real property is developed, and all of the public infrastructure constructed thereon has been accepted by the City; or 3. Real property, consisting of an unimproved subdivided lot, until such time as a structure has been built on the lot and a certificate of occupancy has been issued by the City. No other exemptions to the residential fees or the non-residential fees are applicable. 33 SPECIAl; FACIIJTIES RIDER (Effective 10/01/06) (1) All service shall be offered from available facilities. If a customer service request for a special or unusual service not otherwise provided for by the Wastewater rate ordinance, and/or requires facilities and devices which are not normally and readily available at the location at which the Customer requests the service, then the City shall provide the service subject to the requirements of paragraph (2) of this rider. (2) The total cost of all facilities required to meet the Customer's special requirements which are incurred by the City in connection with rendering the service, shall be subject to a special contract entered into between the Wastewater Utility Department and the Customer. This contract shall be signed by both parties prior to the City providing the requested service to the Customer. SPECIAl; CONDITIONS RIDER (Effective 10/01/06) If a special condition or circumstance exists not otherwise provided for by the wastewater rate ordinance, then the City shall have the authority to provide for the special condition subject to the requirements of paragraph 2 of this Rider. Any billing adjustments in connection with any special condition or circumstance shall be at the discretion of the Director of Water Utilities or his designee. 34 SFJ--:TTON 2 That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SFJ--:TTON 1 That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SFJ--:TTON 4 That the Schedule of Rates herein adopted shall be effective, charged and applied to all wastewater service rendered on and after October 1, 2006, and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of the City of Denton, Texas. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M SNVOF,R rTTV ATTORNEY ~ff1J By: 35 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 CM: Utilities Administration Howard Martin, 8232 .. DEP ARTMENT: SUBJECT Consider adoption of the Water, Wastewater, Solid Waste, Miscellaneous Fees, Charges & Deposits, and Utility Engineering Rate Ordinances. (The Public Utilities Board recommends approval 5-0) BACKGROUND Proposed FY 2006-07 Utilities budgets and CIP's were presented and approved by the PUB during May and June. The budgets were submitted to City Council for review at the August 2nd budget workshop and are scheduled for adoption on September 26, 2006. The proposed rate ordinances included in this agenda are designed to recover the cost of service for each utility and provide a positive or breakeven net income. During the budget presentations, the PUB reviewed each Utilities budget and the proposed rate changes that could be implemented to support the proposed FY 2006-07 budget and FY 2007-11 CIP. Water is proposing a rate increase that is designed to affect high volume irrigation users and maintain rates for lower users the same. Wastewater rates are not being increased though a residential wastewater cap is being introduced. Staff has also developed a rate structure for Solid Waste that will continue to support once per week cart service and a Household Hazardous Waste program. SUMMARY The various Water, Wastewater, Solid Waste, and Miscellaneous rate changes discussed during the budget review are outlined in greater detail below. All changes have been highlighted in red in the attached ordinances. WATER RATE RECOMMENDATIONS . Add a block rate for residential usage over 50,000 gallons . Increase rates for residential blocks for summer usage: 0-15,000 gallons 15,001-30,000 gallons 30,001-50,000 gallons 50,000 + Current $2.60 $3.50 $4.35 $4.35 Proposed $2.60 $3.60 $4.60 $5.00 . Added a residential irrigation rate (WRI) and an outside the city limit irrigation rate (WRIO). . Increased Drought Stage 3 & 4 rates according to Drought Contingency Plan guidelines. . Added a commercial irrigation rate (WCI) to increase summer rate from $2.87/1,000 gallons to $3.45/1,000 gallons. . Revise the Wholesale Raw Water Rate (WRW) applicable to Upper Trinity Regional Water District (UTRWD). The FY 2006 City of Dallas raw water wholesale rate is projected to be $0.4360/1,000 gallons, a decrease of 1.04% from the existing rate of $0.4406/1,000 gallons. Denton's raw water wholesale rate to UTRWD, which is set at 85% of Dallas' raw water wholesale rate, will correspondingly decrease from the existing rate of$0.3745/1,000 gallons to $0.3706/1,000 gallons. This rate is determined by the terms of the raw water contract between Denton and UTR WD. . Increase the rate for the pass-through raw water sent from Lake Chapman into Lake Lewisville by the UTRWD per the Cooper Reservoir Project Contract and all "Chapman" water reclaimed for reuse if discharged into and subsequently withdrawn from Lewisville Lake by UTRWD or Lewisville. The rate will increase from $0.0212/1,000 gallons to $.02221/1,000 gallons. The rate adjustment is determined by the consumer price index, which as of June 30, 2006 is 4.3% over the same period last year. . Add a Special Conditions Rider to allow administrative decisions to be made to individual accounts when the rate ordinance is not specific. WASTEWATER RATE RECOMMENDATIONS . Add a residential wastewater monthly volume cap of 18,000 gallons. . Consolidate inside and outside city limit rates for contaminated grass, brush, or leaves to establish one rate for disposal services of $41. OO/ton. . Increase minimum charge for Grass/Brush/Leaves (GBL) rate to $15.00/load . Add a Special Conditions Rider to allow administrative decisions to be made to individual accounts when the rate ordinance is not specific. SOLID WASTE RATE RECOMMENDATIONS . Adjust the residential cart rate for each cart size per the following: 1 cart service Large Medium Small Current $17.25 $16.50 $15.75 Proposed $17.75 $16.60 $15.00 2 cart service Large from $32.50 to $33.50 . Remove the Residential Financial Need Discount due to non-participation. . Change Residential Recycling and Processing Services (SWRR) to Residential Recycling. . Change Multi-Family Recycling and Processing Services (MFR) to Multi-Family Chemical Collection/Recycling . Increase all the commercial collection services to increase rate revenue by 4.0%. . Add a demand response rate for roll-off container service. . Increase the minimum commercial charge from $17.25 to $17.75. . Increase delivery fees for roll-off and front/side load containers from $75.00 to $90.00 and $50.00 to $75.00, respectively. . Increase accessibility problem fees for roll-off and front/side load containers from $75.00 to $90.00 and $50.00 to $75.00, respectively. . Increase the cost of installation or removal of Solid Waste Department's locks from $125.00 to $150.00. . Reinstate the Collection and Transportation Services Permit (SWP) . Consolidate inside and outside city limits waste to establish one rate for all retail disposal services of $41. OO/ton. . Establish Wholesale Rates for municipal solid waste (MSW) and construction and demolition (C&D) materials. . Increase the minimum landfill charge from $10. OO/load to $15. OO/load. . Add a provision to sell used or excess containers and carts. MISCELLANEOUS RATE RECOMMENDATIONS There are two miscellaneous rate schedules covering metering related serVIces that DME provides. No changes were made to the Meter Charges schedule. Several changes were made to the Account Connection and Reconnection Charges. This schedule lists the fees for having a newly installed meter turned on, having an existing meter turned on, and having a meter turned on following a disconnection for non-payment. It also specifies the penalty for unauthorized usage of service. The following changes were made to this schedule: . As approved by the PUB and Council, DME now provides next business day service for these activities but will guarantee same day service if a customer pays the same fees charged for after business hours service. The schedule has been changed to reflect this policy. . For connection of new meters, the old schedule had not been appropriately updated to reflex the after business hours fee increase from $35.00 to $55.00 that was adopted last year. This section of the schedule also failed to include the fee for "at the transformer" connections that was adopted last year. . The old schedule listed an $11.00 fee for connection of an existing electric meter and an $11 fee for connection of an existing water meter. These separate charges have been changed to a single $22.00 fee regardless of whether one or both services are connected. This change was made because the cost of a trip to perform this work is the same whether one or both services are connected. . The old schedule also listed separate electric and water charges for after business hours connection of existing meters and had not been properly updated with the $55.00 fee that was adopted last year. Both those issues were corrected. . There are no proposed changes to the Miscellaneous Fees, Charges, and Deposits section of the Miscellaneous Rate Ordinance. ENGINEERING FEES RECOMMENDATIONS . There are no proposed changes to the Engineering Fees Ordinances for FY 2006-07. FISCAL SUMMARY The rates and charges included in the utility rate ordinances provide the revenues necessary to cover the cost of service to customers. RECOMMENDATION Staff recommends approval of the proposed ordinances. EXHIBITS 1. FY 2006-07 Water Rate Ordinance 2. FY 2006-07 Wastewater Rate Ordinance 3. FY 2006-07 Solid Waste Rate Ordinance 4. FY 2006-07 Miscellaneous Fees, Charges, and Deposits Rate Ordinance 5. FY 2006-07 Engineering Fees Ordinance Respectfully submittted: ~.:.~... . . . . . . .. .. . ... ... . . ... .. . . . . . ..... .. .. .. . . . .. .. .. . . . . ... . . . . .. . .. . .. .... . ... . . . . .. . . . . . . .. .. . .. . . . .. ........ .... . . .. . ... . Jim Coulter, Director Water Wastewater Utilities a.-r~~ Vance Kemler, Director Solid Waste ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBER 2005-253 AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; PROVIDING THAT THE PROVISIONS OF SECTIONS 26-3, 26-4, 26-5, 26-7, 26-8(a), AND 26-9 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS SHALL EXPRESSLY APPLY TO CITY OF DENTON SOLID WASTE SERVICE; AMENDING THE RESIDENTIAL SOLID WASTE COLLECTION SERVICES SCHEDULE (SCHEDULE SWR); CHANGING THE NAME OF THE RESIDENTIAL RECYCLING AND PROCESSING SERVICES RATE SCHEDULE TO THE RESIDENTIAL RECYCLING RATE SCHEDULE (SCHEDULE SWRR); REMOVING THE RESIDENTIAL FINANCIAL NEED DISCOUNT RATE SCHEDULE (SCHEDULE SWRD); ADDING THE MULTI-FAMILY CHEMICAL COLLECTION/RECYCLING SCHEDULE (SCHEDULE MFR); AMENDING THE COMMERCIAL SOLID WASTE COLLECTION SERVICES SCHEDULE (SCHEDULE SWC); ADDING THE COLLECTION AND TRANSPORTATION SERVICES PERMIT SCHEDULE (SCHEDULE SWP); AMENDING THE SANITARY LANDFILL SERVICES SCHEDULE (SCHEDULE SWL); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the charges for Solid Waste collection services as authorized by Section 24-42(b) of Article II, Section 24-66 of Article III and Section 24-4 of Article I of Chapter 24; and by Section 32-90 of Article IV of Chapter 32 of the Code of Ordinances of the City of Denton, Texas, are hereby established as follows: SOLID WASTE RATE SCHEDULES EAGE SWR Residential Solid Waste Collection Services 2 SWRR Residential Recycling 4 MFR Multi-family Chemical Collection / Recycling 5 SWC Commercial Solid Waste Collection Services 6 SWCR Commercial Recycling Services 12 SWP Collection and Transportation Services Permit 14 SWL Sanitary Landfill Services 20 1 SCHEDULE SWR RESTDENTTAT 1 SOT JD WASTE COT J lF1CTTON SERVTCES (Effective 1 % 1/06) APPTJCATTON Applicable for residential family-unit solid waste collection service. A family unit includes each unit of a duplex or triplex, each living unit of a residential lot, and any single unit or living space in which a person or single family resides. MONTHT lY RA TES Containerized Collection Service 1 pickup per week Size of Carts Large Medium Small LCart $17.75/bill $ 16.60/bill $15.00/bill 2 Carts $33.50/bill All refuse must be placed within the cart with the lid fully closed. Residents may contact Solid Waste Customer Service to request that the Solid Waste collection personnel reload their refuse cart with additional bagged refuse materials adjacent to the refuse cart at a price of $5.00 per additional cart reload and empty. These reload and extra empty services will be provided if the customer contacts the Customer Service Department and makes the request a minimum of one day prior to their scheduled collection day. MTNTMl JM RTT IT lING/RASE RA TFl SERVTCE $15.00 per bill applicable for residential solid waste service for an unoccupied residential family unit which remains vacant for a period greater than two months. This minimum billing rate shall only be effective after written application is made by the ratepayer with the Customer Service Department, and such minimum billing rate shall be limited to a maximum period of six months per calendar year. OTHER CHARGES There is no additional charge for the collection of bagged grass clippings and leaves, or brush and tree limbs which are cut and stacked in less than four foot (4') lengths, if the combined grass/leaves/brush total volume is not over eight cubic yards per collection day. If over eight (8) cubic yards of combined bagged grass clippings, brush, or leaves are placed out for collection on a collection day, excess volume charges will be assessed at $5.00 per cubic yard or part of a cubic yard collected for all cubic yards in excess of eight (8) cubic yards. The Solid Waste Department staff will automatically collect and bill for excess volumes of yard waste if the additional charges are $25.00 or less. 2 Residential customers may be provided metal containers and service at the published commercial rates. Residential customers shall contact Solid Waste Customer Service to request the collection of up to four bulky items per month on their refuse collection day for no additional charge. Customer Service should be contacted a minimum of one day in advance of their scheduled collection day. Bulky items are residential household type items that are consistent with residential household use, such as furniture and selected appliances. Bulky items exclude non-household type items, fencing, remodeling, construction and demolition materials, and those appliances manufactured containing polychlorinated biphenyls (PCB's) or chlorofluorocarbons (CFC's). Residential construction materials (including, but not limited to lumber, brick, fencing, and drywall) will be collected at the scheduled rate of $60.00 per pickup plus an additional $10.00 per cubic yard or part of a cubic yard collected above one cubic yard. Materials must not exceed eight (8') feet in length. Customers should contact Solid Waste Department Customer Service during normal business hours to request the collection of residential construction materials. If the customer has over 10 cubic yards of materials for collection, the customer is required to have a city container delivered, if collection service is desired. Appliances manufactured to contain PCB's or CFC's, for which the customer provides no certified removal documentation of the PCB's or CFC's, will be charged $50.00 for the collection and disposal of each appliance and/or the associated materials. There is no charge for the collection of appliances which were manufactured to contain either PCB's or CFC's, if the customer provides a certificate of documentation from an approved business qualified to remove these products indicating that the PCB's or CFC's have been properly removed for disposal. If the Solid Waste Department is not provided a certificate of removal, the $50.00 charge per item will be assessed if the customer requests services through the Solid Waste Department. Other residential services may be provided at fees established by the department, and approved by the Director. The fees established will recoup the special and administrative services provided. When initiating new service, a residential Solid Waste service deposit may be charged. 3 SCHEDULE SWRR RESTDENTTAT; RECYCTJNG (Effective 1 % 1/06) APPTJCATTON Applicable for residential family-unit recycling materials collection and processing services. A family unit includes each unit of a duplex or triplex, each living unit of a residential lot, and any single unit or living space in which a person or single family resides. MONTHT;YRATE $3.50 per bill- Single family Should any other fees be established by an authorized governmental entity, those fees will be added to the monthly rate to recover those costs. MTNTMl JM RTT ;T ;TNG $3.50 per bill If any other fees are established by an authorized governmental entity, the minimum billing would adjust to include those costs. EXCEPTTON TO TMPOSTTTON OF RA TF; The residential recycling and processing services rate will not be charged for an unoccupied residential family unit that applies for and is granted the Minimum Billing/Base Rate Service as described in Schedule SWR. This exception shall be effective so long as the Minimum Billing/Base Rate Service rate is applicable to the unoccupied residential family unit. 4 SCHEDULE MFR Ml JT iTT-F A MTT iY CHFiMTCA T i COT J iRCTTON / RRCYCT JNG (Effective 1 % 1/06) APPTJCATTON Applicable for multi-family residents living within the City of Denton's solid waste service area. These residents receive, participate in, and benefit from various City of Denton recycling and . . processIng servIces. A multi-family unit includes each separate living unit of a four-plex, apartment, condominium, or other such multi-family living facility with four or more residences. Facilities that are constructed as boardinghouses, or contain living facilities with separate bedrooms for lease by each tenant, but that contain one common kitchen and/or open living area, will qualify as one living unit, and one multi-family recycling and processing charge will apply. MONTHTiYRATR $1.75 per bill per multi-family living unit. MTNTMl JM RTT iT iTNG $1.75 per bill per multi-family living unit. 5 SCHEDULE SWC COMMERCTAT J SOT JD WASTE COT J JECTTON SERVTCES (Effective 1 % 1/06) APPTJCATTON Every owner, occupant, tenant, or lessee of any business, commercial, or institutional property not entitled to receive residential refuse collection service shall be required to have commercial solid waste collection service provided by the City of Denton. New commercial business development and redevelopment will be provided solid waste commercial refuse and recycling services, as outlined in the Denton Development Code and the Site Plan Criteria Manual. MONTHTJYRATE Commercial refuse collection services are provided through a volume-based rate system. Refuse will be collected in city approved, city provided containers only. A. PERMANENTFRONTTJOADCONTATNER SERVTCE (Long Term Scheduled Service) 1. R C1JRTC YARD CONTATNFJR Front Load Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 8 $114.00 2 16 $228.00 3 24 $346.00 2. () C1JRTC YARD CONTATNFJR Front Load Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 6 $ 94.00 2 12 $187.00 3 18 $284.00 3. 4 C1JRTC YARD CONTATNFJR Front Load Side Load Pickups Cubic Yards Rate Per Rate Per Per Week Per Week Bill Bill 1 4 $73.00 $86.00 2 8 $144.00 $168.00 3 12 $218.00 $254.00 6 4. 2 &:1 C1JRIC YARD CONTAINERS Front Load Side Load Pickups Cubic Yards Rate Per Rate Per Per Week Per Week Bill Bill 1 3 $59.00 $71.00 2 6 $118.00 $139.00 3 9 $180.00 $210.00 The Solid Waste Department will establish rates to recover the full cost of service for collection services at frequencies greater than three times per week. New two yard and side load container services are no longer available. Customers currently receiving two yard or side load container services that discontinue these services may not reinstate them in the future. 5. CONTAINER EXTRA SERVICE (For a container reload and extra empty) Container Size 2 & 3 CY container 4 CY container 6 CY container 8 CY container Collection Service Fee $34.00 per pickup $39.00 per pickup $51.00 per pickup $63.00 per pickup These extra service fees apply if the truck, while on route, remains on-site to provide the additional service. The driver waits while the customer reloads the container. On-site waiting time in excess of fifteen (15) minutes will be charged to the customer at the rate of $85.00 per hour. Waiting time will be billed in fifteen- minute increments. If the driver is called in from off-site to provide same day extra service, there is a $50.00 same day service charge, plus the applicable collection service fee. B. COMMERCIAl; CART SERVICE Commercial cart service is not available city-wide. In those areas where commercial cart collection is available, small quantity waste generators, generating less than one cubic yard of refuse per week, may contract for once per week cart service. All waste must be contained in the cart. Bulky item collection services are not provided for commercial cart service customers. One (1) pickup per week service: Cart Capacity LCart Large $17.75/bill 2 Carts $33.50/bill A maximum of two carts is available. Service above this level will require the placement of a metal container. 7 Extra empties performed while on-site will be provided at the one-cart rates listed above. Customers on commercial cart service where fully automated collection service cannot be provided will be charged an additional $2.00 per month per cart for providing semi- automated or manual collection service. C. TEMPORARYFRONTIJOADCONTATNER SERVICFJ (Short Term Service) Container Size 4 CY container 8 CY container Monthly Rental $40.00 $64.00 Collection Service Fee $70.00 per pickup $95.00 per pickup Temporary service accounts incur container delivery charges to initially place the containers. D. ROIJrOFF OPEN TOP CONTAINER SERVICFJ Container Size 15 CY container 20 CY container 30 CY container Monthly Rental $100.00 $110.00 $130.00 Collection Service Fees Scheduled $259.50 $296.00 $369.00 15 CY container 20 CY container 30 CY container Demand Response $279.50 $316.00 $389.00 Customers that request the driver wait while they reload the container, in order for the City to provide an additional empty(s), will be charged the collection service fee and on- site waiting time in 15 minute increments at the rate of$85.00 per hour. Construction and demolition material (C&D) collections will be provided using 20 cubic yard containers. The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. E. ROIJrOFF COMPACTOR CONTAINER SERVICE Container Size 30 CY compactor 35 CY compactor 42 CY compactor Monthly Rental $355.00 $422.00 $515.00 Collection Service Fees Scheduled Demand Response 8 30 CY container $413.00 $433.00 35 CY container $453.50 $473.50 42 CY container $490.20 $510.20 The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. F. () C1JRIC YARD COMPACTOR SERVICE Pickllps 1 2 3 Monthly Rental $120.00 $120.00 $120.00 Collection Service Fee $146.00 per month $418.00 per month $717.00 per month Extra Empty while on-site: $75.00 Customers that request the driver wait while they reload the container, in order for the City to provide an additional empty(s), will be charged the extra empty collection service fee and on-site waiting time in 15 minute increments at the rate of $85.00 per hour. G. M1JI;TI-FAMII;Y R1JI;KY ITEM COIJ;ECTION SERVICE Container Size 4 CY SL container 8 CY FL container Monthly Rental $20.00 $25.00 Collection Service Fee $40.00 per pickup $56.00 per pickup These services are provided for the collection of residential household bulky items. Items which will not be collected include: refrigerators, freezers, air conditioners, or any other item manufactured to contain CFC's or PCB's. Collection services using these containers shall occur during the customer's normal refuse collection route service. The customer must contact Customer Service and request the bulky item container collection service on the day prior to the requested collection date. Items placed in the container may not extend beyond seven (7) feet high from the bottom of the container. If the container is not serviced during the scheduled refuse collection route, and the customer desires a special collection service, services will be provided at the standard service fees. If the bulky item container is contaminated with refuse, construction materials, or contains other non-bulky materials, the standard service fees will apply. H. SHARED COMMERCIAl; CONTATNERS Shared commercial container customers must have at least one (1) cubic yard of service per customer per week. The use of shared commercial containers shall be determined by the Solid Waste Department staff. Rates will include the additional monitoring, billing, and administrative costs associated with this service. I. MTNIM1JM COMMERCIAl; CHARGE 9 A minimum charge of $17.75 per bill will be charged to all commercial solid waste customers. Shared accounts are subject to other applicable service fees. Customers on commercial cart service where fully automated collection service cannot be provided will be charged an additional $2.00 per month per cart for providing semi- automated collection service. J. SPECIAl; WASTF; Denton's acceptance and disposal of Special Waste is defined by the State of Texas in the Texas Municipal Solid Waste Management Regulations and is conditional upon the waste requested for disposal. Acceptance of special waste is subject to Federal and State laws and regulations, and the City of Denton has the right to refuse to accept or collect special waste at their discretion. Charges, approved by the Director of Solid Waste, for the collection and disposal of special waste, will be established based on the type of special waste, and the requirements for collection and disposal of the waste. K. SERVICF; REQ1JIREMF;NTS AND CHARGES A delivery fee of $90.00 per container will be charged to all customers for roll-off containers. A delivery fee of $75.00 per container will be charged to all customers for front load or side load containers. A relocation fee of $90.00 will be charged for each roll-off container that is relocated at the customer's site, unless relocation occurs during a service. Front load and side load container relocations are charged $75.00 per service. A $50.00 fee will be charged for each request for same day service. The Solid Waste Department Customer service personnel must receive on-demand service requests prior to 11 :00 A.M. on the day service is requested in order to provide same day collection service. An access fee will be charged for containers that present accessibility problems, and/or additional services or time. Containers that are inaccessible at the time of collection will be charged an inaccessible fee of $90.00 for roll-off containers and $75.00 for all other containers. On-site waiting time will be charged in fifteen (15) minute increments at the rate of $85.00 per hour. A $150.00 fee will be charged for the Solid Waste Department's installation or removal of container locks. Loaded side-load containers shall not exceed a total weight of one ton. Loaded front-load containers shall not exceed a total weight of two tons. Any container evaluated by the City's collection manager to contain excess weight shall be emptied by the customer to the level 10 determined by the collection manager prior to being serviced. Tickets and/or fines for overweight roll-off loads, and the city's administrative costs, are the responsibility of the customer, and shall be paid by the customer. Appliances manufactured to contain PCB's or CFC's, for which the customer provides no certified removal documentation of the PCB's or CFC's, will be charged $50.00 for the collection and disposal of each appliance and/or the associated materials. There is no charge for the collection of appliances which were manufactured to contain either PCB's or CFC's, if the customer provides a certificate of documentation from an approved business qualified to remove these products indicating that the PCB's or CFC's have been properly removed for disposal. If the Solid Waste Department is not provided a certificate of removal, the $50.00 charge per item will be assessed if the customer requests services through the Solid Waste Department. Other commercial services may be provided at fees established by the Solid Waste Department, and approved by the Director of Solid Waste. The fees established will recoup the costs and administration of the special services provided. For permanent containers, a commercial solid waste service deposit, if required, will be charged based on two months of the projected billing amount. Following a service review of the first billing period, if the deposit is determined to be under-funded, additional deposit funds are required to continue receiving service. For temporary containers, a commercial solid waste service deposit is required. It will be charged at 50% of the estimated billing amount, or two months of estimated service, whichever is less. Following a service review of the first billing period, if the deposit is determined to be under-funded, additional deposit funds are required to continue receiving serVIce. 11 SCHEDULE SWCR COMMRRCTATi RRCYCTiTNG SFiRVTCRS (Effective 1 % 1/06) APPTJCATTON Owners and managers of various multi-family living units, businesses, commercial and institutional businesses, and properties receiving commercial solid waste collection services are subject to receive a refuse audit to determine if they generate enough commercial recyclables to warrant receiving commercial recycling services. Commercial recycling services are available to specific commercial customers only. Q1JATJFTCATTON Commercial recycling is not available for all multi-family living units and commercial and institutional businesses operating within the City of Denton. The Director of Solid Waste or designee will evaluate interested and solicited commercial businesses and the projected volume of recyclable materials from these businesses to determine if commercial recycling services justify being provided. MONTHTiYRATR Rates will recover the cost of service. Rates will vary by container size, frequency of collection service provided, and the commodity collected. Based on the recyclable volumes projected, and the City's recommendation, collection services will be provided using either a fixed or demand response collection schedule. MTNTMl JM RTT iT iTNG The minimum billing required is the amount of service provided and applicable for billing each month. ACCRPTARTiR RRCYCTiARTiR MATRRTATiS Acceptable materials depend on local commodities markets and will be mutually agreed upon by the commercial recycling customer and the City. NON-ACCRPTARTiR MATRRTATiS Only materials mutually agreed upon by the commercial recycling customer and the City are acceptable in the provided recycling container. The owner/manager of the commercial entity is the party responsible for notifying his/her personnel of proper recycling procedures. 12 RIGHT OF IlOAl) REF1JSAIl The City reserves the right to refuse recycling loads containing any materials other than the contracted material. If a load is refused as recycling by the City, it will be handled as municipal solid waste (MSW) and incur both the contracted recycling charges as well as associated commercial solid waste disposal rates. OTHER CHARGES All other solid waste services performed will be charged at listed solid waste rates, or at fees established to recoup the costs and administration of the services provided. RECYCIlARIlE MATERIAIlS SAllES Recyclable glass, plastic, metals, wood, and fiber materials may be sold at no less than forty-five percent of the current market index price. 13 SCHEDULE SWP COIIJECTION AND TRANSPORTATION SERVICES PERMIT (Effective 10/01/06) APPlICATION Any person, entity, or business engaged in the collection and transport of waste or recyclables, including but not limited to municipal solid waste, special wastes, hazardous wastes, liquid wastes, and those wastes or recyclables the city does not collect and transport, must possess a current permit issued from the city prior to providing collection and transportation services in the city limits of Denton. Permits for collection and transportation services are required for, but are not limited to, the following wastes and recyclables classifications: . Special Waste . Medical Waste . Hazardous Waste . Restaurant Oil and Grease Waste . Grease & Grit Trap Waste . Commercial and Industrial Recyclable Materials . Residential Recyclable Materials . Construction and Demolition (C&D) waste, recyclables, reusables, and discarded C&D materials . Waste and recyclable collection service providers operating in newly annexed areas, or contract service providers for the city The person applying for a permit will make application through the City on forms provided for that purpose, and shall pay the required application fees at the time of permit application. Application, service, and container fees must be paid prior to the issuance of the permit. Fees calculated as a percentage of gross revenues will be paid to the City a minimum of quarterly. All permits are non-transferable and are granted as non-exclusive service permits. Granting permits will be at the discretion of the City to meet the needs of the community. The permit applicant must pay the required fees, and meet all permit requirements prior to the issuance of a permit. GRANTING OF PERMIT As a condition of granting a permit, permittees agree to execute and comply with all requirements of the service agreement, carry specific types and amounts of insurance, submit reports, and timely pay the necessary fees. Following the granting of a permit, permit stickers will be issued by the City and placed on all vehicles operating within the city limits of Denton and on all containers placed within the city limits of Denton. Collection and transportation vehicles operating in Denton, and containers set in Denton, are required to display a current and valid calendar year permit sticker. City staff, after reviewing the permit application and agreement, and after conducting any necessary research, may issue the permit, issue the permit with conditions, or deny the issuance of the permit. 14 The City will establish the number of permits to be issued in each materials category. RXCT J JSTONS Individuals living within the city limits of Denton, and hauling personal materials, wastes, or recyclables from their primary living residence are exempt from this requirement. Any person who transports applicable materials three or fewer times per year, shall register with the City on the forms provided for that purpose. No annual service fees are required, but registration and permitting through the City is required. EEES Application fees are payable at the time of application submittal and shall be submitted to the City upon submittal of the application. Application, service, and container fees are due and payable prior to the issuance of a permit. Application, service, and container fees are non-refundable. Service and container fees are non-transferable between vehicles and containers, and are unit specific. Service fees based on a percentage of gross revenues are due quarterly and require payment to the City within 30 calendar days following the end of each calendar quarter. Interest charges, late charges, and other fees will accrue for delinquent quarterly payments. Permits are issued annually and are effective from January 1 st or the date of issuance, whichever is later, through December 31 st of the same calendar year. The permit application process should be initiated and fees should be paid as early as possible during the last quarter of each calendar year for the upcoming calendar year, so that adequate time is available for review and processing of the application materials. Early submittal of applications, by December 1 S\ will eliminate the possibility of permits being issued after January 1 st. Container fees apply to each container placed by the permittee within the City limits of Denton, but do not apply to residential refuse carts. Containers are defined as any refuse containment equipment, which can be lifted and emptied using a special vehicle designed for that use, i.e. which are not emptied manually. Container fees are established at $3.00 for each cubic yard of container capacity, per container, per calendar year. Containers will not be placed in a street, alley, or city right-of-way (ROW). If an exception exists, and a container is placed in a street, alley, or city ROW, an additional ROW usage fee will be assessed of $3.00 per cubic yard of container capacity per month (not prorated) for as long as the container is located in the City's ROW. All containers require a container permit fee regardless if the container is or is not placed on the ground. Fees applicable for wastes and recyclables are listed below. A. Special Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 2. Service Fee: $1,000 per vehicle annually or 4% of Gross Revenue from services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] B. Medical Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 15 2. Service Fee: $1,000 per vehicle annually or 4% of Gross Revenue from services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] C. Hazardous Waste Collection and Transportation Permit 1. Application Fee: $1,000 annually. 2. Service Fee: $1,000 per vehicle annually or 4% of Gross Revenue from services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] D. Restaurant Oil and Grease Waste Collection and Transportation Permit Grease & Grit Trap Waste Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: $100 per vehicle annually or 4% of Gross Revenue from services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] E. Commercial Recycling Materials Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: $1,000 per vehicle annually or 4% of Gross Revenue of the market value of recycled materials or of services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] 3. Container Fee of$3.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-Way Fee of $3.00 per cubic yard, per container, per month. F. Residential Recycling Materials Collection and Transportation Permit 1. Application Fee: $500 annually. 2. Service Fee: 4% of Gross Revenue from services provided within the city limits [the 4% shall be paid no less than quarterly.] G. Construction and Demolition (C&D) Collection and Transportation Permit a. Large C&D Operators: 1. Application Fee: $500 annually. 2. Service Fee: $100 per vehicle annually or 4% of Gross Revenue from services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] 3. Container Fee of$3.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-Way Fee of $3.00 per cubic yard, per container, per month. b. Small C&D Operators: Transporters with no more than three vehicles, including trailers, in which each vehicle does not have a Gross Vehicle Weight Rating (GVWR) of more than 14,000 pounds, will be charged: 1. Application Fee: $100 annually. 2. Service Fee: $50 per vehicle annually or 4% of Gross Revenue from services provided within the city limits, whichever is lower [the 4% shall be paid quarterly.] 3. Container Fee of$3.00 per cubic yard, per container, annually. 4. If applicable, a Right-of-Way Fee of $3.00 per cubic yard, per container, per 16 month. H. Municipal Solid Waste (MSW) Collection and Transportation Permit Available only to companies that provide solid waste services in newly annexed areas for specific periods of time, or are contract service providers for the city. 1. Application Fee: $500 annually. 2. Service Fee: 4% of Gross Revenue from services provided within the city limits [the 4% shall be paid no less than quarterly.] SMATJJ OPERATORS The following waste categories of applicants may additionally qualify as Small Operators for the purposes of this rate schedule, and shall be charged the Small Operator rates provided below: . Special Waste . Medical Waste . Hazardous Waste . Restaurant Oil and Grease . Grease & Grit Trap Waste . Commercial and Industrial Recyclable Materials The above listed categories of applicants with less than five service locations within the City of Denton, and operating less than three trucks will be subject to the following Small Operator rates: a. Application Fee: $200 annually. b. Service Fee: $100 per vehicle annually. c. Ifapplicable, container fees of$3.00 per cubic yard, per container, annually. d. If applicable, aRight -of- Way fee of $3.00 per cubic yard, per container, per month. SERVTCE FEE CATJC1JTJATTONS Any fee which requires a calculation of a percentage of revenue, or of materials sales, or of services provided requires that the calculation be provided, with complete financial detail, to the City along with the Service Fee payment to the City. This written financial disclosure shall provide a detailed explanation of how all calculated Service Fees were determined, and shall be provided to the City either quarterly or monthly, at each required Service Fee payment period. TNTEREST CHARGES, TJATFJ CHARGES Permittee's that elect or are required to provide quarterly payments to the City will incur interest and late charges on all quarterly payment amounts not received by the City during the month following the end of the quarter. All quarterly payments are to be received by the City during the months listed: Quarter January - March April- June Payment Received hy City in Month April July 17 July - September October - December October January Payments not received during the month in which they are due will begin incurring interest charges of 1 ~ % per month, or the maximum percentage allowed by law, whichever is lower, on the unpaid amounts. Late payment charges and other fees will apply as established by the City's Customer Service Department. Late payments past due beyond the month in which they are due, will automatically result in the service provider being issued a "No Operations" declaration. PENATJTTFJS INO OPERATTONS DECTJARATTON A business which has not been permitted by the City to operate within the city limits of Denton; or has been suspended by the City from operating within the city limits of Denton, Texas shall be charged a sum of up to $500.00 per day by the City, for each day of violation of this ordinance, if the provider violates the 'No Operations' requirement prior to receipt of a City of Denton permit, or during any suspension of a permit period. Each day of illegal operations during a 'No Operations' period is considered a separate violation and the service provider is subject to being charged a sum of up to $500.00 for each day of violation. Following the receipt of a 'No Operations' declaration and prior to a service provider being reinstated to legally operate within the City limits of Denton, the service provider must meet with the City staff to update their application and agreement and make payment of all monies owed to the City. If a service provider operates a vehicle within Denton's city limits which has not been permitted, or uses a container which has not been permitted, or operates any piece of equipment with an expired permit, or performs some other permit violation, or does not make payment of the appropriate fees in a timely manner, the City will issue a "No Operations' declaration to the service provider, and assess all applicable permit violation fees. Once a service provider has been issued a "No Operations' declaration from the City, all services to be provided within Denton's city limits are required to cease. Following a meeting with the City staff, and the payment of all monies owed the City, the status of the permit will be determined. RECT JASSTFTCA TTON OF RFJCYCT JART JES Recyclables containing five-percent or more contamination, as determined by the City, will be considered refuse, and its collection may not be provided by service providers permitted under this ordinance. This material shall be reclassified as refuse and will be collected by the City of Denton. The Director of Solid Waste or his designee, will make the final determination on whether stored recyclables contain excessive contamination, which at the City's determination, may cause the reclassification of these materials to municipal solid waste (MSW), thereby negating the ability of a service provider to transport this material within Denton's city limits under their operating permit as per this ordinance. TERM AND RENFJW AT J All collection and transportation permits shall be valid for each calendar year, and for not more than one calendar year from the date of issuance. 18 Permittees shall provide make a written application for renewal a minimum of thirty days prior to the permit expiration to prevent a possible lapse in permitted services. The renewal application will update the information provided in the initial application. Applications for renewal shall be processed in the same manner as an initial application. All renewal fees are required to be paid prior to reissuing the permit for the upcoming calendar year. REVOCA TTON OR NON-RENEW AT J OF PERMTTS If the City finds any requirement of the permit to have not been met, or violated, or observes service providers operating within Denton's city limits without current permits, he may institute a 'No Operations' declaration, and additionally revoke or not renew the service providers permit, thereby requiring the service provider to cease all operations within the city limits of Denton. 19 SCHEDULE SWL SANTTARY TiANDFTTJi SERVTCES (Effective 10/1/06) A. Ml JNTCTP AT i SOT JD WASTE (MSW) DTSPOSAT i RA TES: Gate Rate - MSW $41.00/ ton Wholesale Rate - MSW $23.00 / ton Wholesale customers of greater than 3,000 annual tons may receive discounts for guaranteed delivery volumes. Pricing for special waste streams will be established by the Director of Solid Waste at a rate to fully recover costs. V olume based rates may be charged based on the gross body volume capacity of a hydraulically dumped commercial vehicle(s). Uncompacted Compacted MSW $7.30 / cubic yard $8.10 / cubic yard C&D $6.90 / cubic yard $7.25 / cubic yard Uncontaminated Construction and Demolition (C&D) materials, meeting City of Denton screening criteria, will be accepted on a per ton or cubic yardage basis. Rates charged will be based on the quantity and quality of materials to be delivered. The current State of Texas landfill surcharge of $1.25 per ton is included in the above disposal rates. Any additional assessment or fees established by a government entity will be added to the disposal rates and assessed on all waste delivered to the landfill. B. MTNTMl JM T iANDFTT iT i CHARGE There shall be a $15.00 minimum charge per load for all materials delivered to the landfill. C. MTXED T iOADS Customers bringing mixed loads of municipal solid waste, yard waste, and bulky items to the landfill will be charged the applicable rate, or rates to cover the cost to handle wastes of various types, characteristics, and amounts. 20 D. TTRES Charge / Whole Tire Charges for tires not shredded or quartered: 1. Automobile and Pickup tires $5.00 2. Commercial and Industrial truck tires $7.00 3. Off-road tires with larger than a 24.5" wheel diameter $15.00 E. YARD WASTE 1. Whole trees and stumps 2. Clean bagged or un-bagged grass, leaves or brush in less than twelve (12') foot lengths 3. Clean bagged or un-bagged grass, leaves, or brush greater than twelve (12') lengths $48.75 / ton $16.25/ton $27.00 / ton All contaminated yard waste in this category will be charged a MSW disposal rate. F. APPTJANCES For appliances, which were manufactured to contain PCB's or CFC's, and for which no certified removal documentation is provided, there will be a $50.00 charge per appliance. G. INERT MATERTATJS $10.00 / ton Asphalt/Concrete: Inert materials include clean and uncontaminated loads of millings, concrete, asphalt, road-base, or similar materials, which may be recycled. The posted inert materials rate will be charged, or rates to cover the cost to handle various types, characteristics, and amounts of these and other acceptable inert materials. Periodically these materials may be sold to Denton's citizens. Brick/Block: Clean and uncontaminated brick and block will be accepted at the landfill at no charge. H. SAND, CLAY, MIXED SOIL, AND ROCK SALES The Solid Waste Department may sell excess sand, clay, mixed soil, and rock to the public. Vehicle Gross Volllme - Tn Cllhic Yards (CY's) 1.0 - 3.0 CY's 3.1 - 8.0 CY's 8.1 -16.0 CY's 16.1 - 28.0 CY's 28.1 - 50.0 CY's Rates are per Cubic Yard Sand ~ Mixed $5.00 $8.00 $7.50 $3.00 $5.00 $4.50 $2.50 $4.00 $3.75 $2.00 $3.20 $3.00 $1.75 $2.80 $2.64 Customers wishing to purchase large volumes of soil, greater than 50 CY's, and load their own vehicles, will be required to provide proof of insurance meeting the city's minimum 21 liability insurance coverage. Those customers will pay a reduced rate, below the 28.1 to 50.0 cubic yardage volume rate. Large volume sales and the actual rates charged will require pre- approval by the Director of Solid Waste. The soils must be excess to the needs of the Solid Waste Department. Pricing for special soils will be established by the Director of Solid Waste at a rate to fully recover costs. If available, rocks will be sold on a weight basis, at $5.00 per hundred weight. I lYSED CONTAINER SAIJES The Solid Waste Department will sell used metal containers and used surplus carts from time to time, as they become available for sale. Used surplus large carts will be sold for $15.00 each, with an adjustment for condition, and their projected useful life. Other size carts will be sold based on a pro-rata adjustment for the plastic content. J. SPECIAIJ WASTE AND OTHER WASTE STREAMS The acceptance by the landfill of and the disposal of special waste or other waste is conditional. Acceptance of special waste or other waste is subject to Federal and State laws and regulations. The City of Denton has the right to refuse to accept or dispose of special waste or other waste at its discretion. Charges for the disposal of special waste or other waste will be established based on the type, characteristics, and amounts of waste, as well as the requirements for disposal of the waste. Such charges shall be established by the Director of Solid Waste, or designee. K. lJNSEClYRED IJOADS In compliance with State regulations, solid waste loads that are not adequately secured to prevent the material from spilling will be charged an Unsecured Load Charge of $20.00 for each load. L. OTHER CHARGFJS Other landfill services that are not otherwise listed under this Schedule SWL, may be provided by the City at fees established by the Director of Solid Waste. Such fees shall be established that will recover the operational costs, administrative costs, and any other direct or indirect costs incident to the non-listed landfill services. SFJCTION 2 That the Director of Solid Waste of the City of Denton is hereby authorized to deny the use of the City of Denton landfill to any customer who provides false information regarding the origin of, or the composition of the solid waste delivered for disposal to the landfill; or for safety violations committed by a customer within the landfill; or for non-compliance with verbal and written instructions provided to the customer by Solid Waste Department personnel at the landfill; or for nonpayment of delinquent funds owed by the customer to the City of Denton, Texas; or for any violation of the law committed by the customer within the landfill; or for any non-compliance by the customer with the Texas Commission on Environmental Quality regulations or policies; or for any non-compliance by the customer with the City of Denton's Code of Ordinances or rules; or for any 22 violation of the written landfill rules by the customer as posted by the Solid Waste Department at the entrances to the landfill, from time to time. SECTION 1. That it is in the public interest that the provisions of Sections 26-3, 26-4, 26-5, 26-7, 26-8(a), and 26-9 of Article I of Chapter 26 of the City of Denton Code of Ordinances shall expressly apply to City of Denton Solid Waste service. SECTION 4. That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 5. That if any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION h. That this ordinance shall become effective, charged, and applied to all solid waste services rendered on and after October 1, 2006; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED AND APPROVED this the day of , 2006. PERRY R McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: mw1f!1J 23 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 CM: Utilities Administration Howard Martin, 8232 .. DEP ARTMENT: SUBJECT Consider adoption of the Water, Wastewater, Solid Waste, Miscellaneous Fees, Charges & Deposits, and Utility Engineering Rate Ordinances. (The Public Utilities Board recommends approval 5-0) BACKGROUND Proposed FY 2006-07 Utilities budgets and CIP's were presented and approved by the PUB during May and June. The budgets were submitted to City Council for review at the August 2nd budget workshop and are scheduled for adoption on September 26, 2006. The proposed rate ordinances included in this agenda are designed to recover the cost of service for each utility and provide a positive or breakeven net income. During the budget presentations, the PUB reviewed each Utilities budget and the proposed rate changes that could be implemented to support the proposed FY 2006-07 budget and FY 2007-11 CIP. Water is proposing a rate increase that is designed to affect high volume irrigation users and maintain rates for lower users the same. Wastewater rates are not being increased though a residential wastewater cap is being introduced. Staff has also developed a rate structure for Solid Waste that will continue to support once per week cart service and a Household Hazardous Waste program. SUMMARY The various Water, Wastewater, Solid Waste, and Miscellaneous rate changes discussed during the budget review are outlined in greater detail below. All changes have been highlighted in red in the attached ordinances. WATER RATE RECOMMENDATIONS . Add a block rate for residential usage over 50,000 gallons . Increase rates for residential blocks for summer usage: 0-15,000 gallons 15,001-30,000 gallons 30,001-50,000 gallons 50,000 + Current $2.60 $3.50 $4.35 $4.35 Proposed $2.60 $3.60 $4.60 $5.00 . Added a residential irrigation rate (WRI) and an outside the city limit irrigation rate (WRIO). . Increased Drought Stage 3 & 4 rates according to Drought Contingency Plan guidelines. . Added a commercial irrigation rate (WCI) to increase summer rate from $2.87/1,000 gallons to $3.45/1,000 gallons. . Revise the Wholesale Raw Water Rate (WRW) applicable to Upper Trinity Regional Water District (UTRWD). The FY 2006 City of Dallas raw water wholesale rate is projected to be $0.4360/1,000 gallons, a decrease of 1.04% from the existing rate of $0.4406/1,000 gallons. Denton's raw water wholesale rate to UTRWD, which is set at 85% of Dallas' raw water wholesale rate, will correspondingly decrease from the existing rate of$0.3745/1,000 gallons to $0.3706/1,000 gallons. This rate is determined by the terms of the raw water contract between Denton and UTR WD. . Increase the rate for the pass-through raw water sent from Lake Chapman into Lake Lewisville by the UTRWD per the Cooper Reservoir Project Contract and all "Chapman" water reclaimed for reuse if discharged into and subsequently withdrawn from Lewisville Lake by UTRWD or Lewisville. The rate will increase from $0.0212/1,000 gallons to $.02221/1,000 gallons. The rate adjustment is determined by the consumer price index, which as of June 30, 2006 is 4.3% over the same period last year. . Add a Special Conditions Rider to allow administrative decisions to be made to individual accounts when the rate ordinance is not specific. WASTEWATER RATE RECOMMENDATIONS . Add a residential wastewater monthly volume cap of 18,000 gallons. . Consolidate inside and outside city limit rates for contaminated grass, brush, or leaves to establish one rate for disposal services of $41. OO/ton. . Increase minimum charge for Grass/Brush/Leaves (GBL) rate to $15.00/load . Add a Special Conditions Rider to allow administrative decisions to be made to individual accounts when the rate ordinance is not specific. SOLID WASTE RATE RECOMMENDATIONS . Adjust the residential cart rate for each cart size per the following: 1 cart service Large Medium Small Current $17.25 $16.50 $15.75 Proposed $17.75 $16.60 $15.00 2 cart service Large from $32.50 to $33.50 . Remove the Residential Financial Need Discount due to non-participation. . Change Residential Recycling and Processing Services (SWRR) to Residential Recycling. . Change Multi-Family Recycling and Processing Services (MFR) to Multi-Family Chemical Collection/Recycling . Increase all the commercial collection services to increase rate revenue by 4.0%. . Add a demand response rate for roll-off container service. . Increase the minimum commercial charge from $17.25 to $17.75. . Increase delivery fees for roll-off and front/side load containers from $75.00 to $90.00 and $50.00 to $75.00, respectively. . Increase accessibility problem fees for roll-off and front/side load containers from $75.00 to $90.00 and $50.00 to $75.00, respectively. . Increase the cost of installation or removal of Solid Waste Department's locks from $125.00 to $150.00. . Reinstate the Collection and Transportation Services Permit (SWP) . Consolidate inside and outside city limits waste to establish one rate for all retail disposal services of $41. OO/ton. . Establish Wholesale Rates for municipal solid waste (MSW) and construction and demolition (C&D) materials. . Increase the minimum landfill charge from $10. OO/load to $15. OO/load. . Add a provision to sell used or excess containers and carts. MISCELLANEOUS RATE RECOMMENDATIONS There are two miscellaneous rate schedules covering metering related serVIces that DME provides. No changes were made to the Meter Charges schedule. Several changes were made to the Account Connection and Reconnection Charges. This schedule lists the fees for having a newly installed meter turned on, having an existing meter turned on, and having a meter turned on following a disconnection for non-payment. It also specifies the penalty for unauthorized usage of service. The following changes were made to this schedule: . As approved by the PUB and Council, DME now provides next business day service for these activities but will guarantee same day service if a customer pays the same fees charged for after business hours service. The schedule has been changed to reflect this policy. . For connection of new meters, the old schedule had not been appropriately updated to reflex the after business hours fee increase from $35.00 to $55.00 that was adopted last year. This section of the schedule also failed to include the fee for "at the transformer" connections that was adopted last year. . The old schedule listed an $11.00 fee for connection of an existing electric meter and an $11 fee for connection of an existing water meter. These separate charges have been changed to a single $22.00 fee regardless of whether one or both services are connected. This change was made because the cost of a trip to perform this work is the same whether one or both services are connected. . The old schedule also listed separate electric and water charges for after business hours connection of existing meters and had not been properly updated with the $55.00 fee that was adopted last year. Both those issues were corrected. . There are no proposed changes to the Miscellaneous Fees, Charges, and Deposits section of the Miscellaneous Rate Ordinance. ENGINEERING FEES RECOMMENDATIONS . There are no proposed changes to the Engineering Fees Ordinances for FY 2006-07. FISCAL SUMMARY The rates and charges included in the utility rate ordinances provide the revenues necessary to cover the cost of service to customers. RECOMMENDATION Staff recommends approval of the proposed ordinances. EXHIBITS 1. FY 2006-07 Water Rate Ordinance 2. FY 2006-07 Wastewater Rate Ordinance 3. FY 2006-07 Solid Waste Rate Ordinance 4. FY 2006-07 Miscellaneous Fees, Charges, and Deposits Rate Ordinance 5. FY 2006-07 Engineering Fees Ordinance Respectfully submittted: ~.:.~... . . . . . . .. .. . ... ... . . ... .. . . . . . ..... .. .. .. . . . .. .. .. . . . . ... . . . . .. . .. . .. .... . ... . . . . .. . . . . . . .. .. . .. . . . .. ........ .... . . .. . ... . Jim Coulter, Director Water Wastewater Utilities a.-r~~ Vance Kemler, Director Solid Waste ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE AMENDMENT TO THE SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY CUSTOMERS AND TAXPAYERS CONTAINED IN ORDINANCE NO. 2005-254 AND ALSO AS AMENDED DURING PREVIOUS FY 2005-2006; BY AMENDING THE ELECTRIC METER INSTALLATION CHARGE; CANCELLING THE ELECTRIC AND WATER METER CONNECTION CHARGE BY INSTEAD ADDING THE METER CONNECTION CHARGE AND THE METER RECONNECTION CHARGE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the schedule of charges for general utility services as generally provided for in Chapter 26 of the Code of Ordinances; and for services to other City of Denton customers and taxpayers, are hereby established as follows: SERVICE CHARGES AND PROCEDURES SCHEDULES A. ACCOUNT CONNECTION AND RECONNECTION CHARGES PAGE Electric Meter Installation Charge 3 Meter Connection Charge 3 Meter Reconnection Charge 4 Unauthorized Usage Penalty 4 B. METER CHARGES Meter Reading 5 Meter Testing 5 Meter Tampering and/or Damage Charge 5 Meter Inaccessibility Charge 6 1 C. MISCELLANEOUS FEES~ CHARGES AND DEPOSITS Returned Payment Charge 7 Service Deposits 7 Waiver of Service Deposits 8 Late Payment Charge Due on Delinquent Balances 8 Interest Charge on Past Due Account Balance 9 Credit Report Charge 9 2 ACCOUNT CONNECTION AND RECONNECTION CHARGES (Effective 1 % 1/06) For the purposes of this rate schedule, business hours shall be defined as Monday through Friday, 8:00 AM to 5:00 PM. ELECTRIC METER INSTALLATION CHARGE APPLICATION Applicable when a customer requests electric service on a first time basis where no permanent service previously existed and where a new account number is established. CHARGE First Service Requested $ 22.00 First Service Requested for connection at the meter and guaranteed same day service or after business hours $ 55.00 First Service Requested for connection at the transformer and guaranteed same day service or after business hours $145.00 METER CONNECTION CHARGE APPLICATION Applicable when a customer requests service at an address which has existing or previous service, with an existing account number and history, and the electric and/or water meter must be installed or activated for readiness. CHARGE First Service Requested $ 22.00 First Service Requested, guaranteed same day service or after business hours $ 55.00 3 METER RECONNECTION CHARGE APPLICATION Applicable when a customer's account is processed for disconnection due to nonpayment. CHARGE Delinquent Service Charge $ 30.00 (When service is disconnected at the meter socket, there is no reconnection charge unless Same Day or After Hours reconnection is required) Meter Reconnection Charge $110.00 (When service is disconnected at the transformer) Meter Reconnection Charge $ 55.00 (Guaranteed same day service or after business hours when service is disconnected at the meter socket.) Meter Reconnection Charge $145.00 (Guaranteed same day service or after business hours when service is disconnected at the transformer) When more than one trip, within twenty-four (24) hours, is required to restore a customer's service, a Return Trip Charge, in addition to the Reconnection Charge, shall be applied for each additional trip. Return Trip Charge during business hours $ 30.00 Return Trip Charge after business hours $ 55.00 UNAUTHORIZED USAGE PENALTY APPLICATION Applicable to any customer that fails to request connection of services within 24 hours of occupancy in a new service location. CHARGE Unauthorized Usage Penalty $ 30.00 4 METER CHARGES (Effective 1 % 1/06) METER READING APPLICATION Applicable to any electric or water utility customer who requests a reading of a city meter due to a contested billing more than twice in the previous twelve (12) months, and no error is found. CHARGE Per Additional Reading $ 25.00 METER TESTING APPLICATION Applicable to any customer who requests the testing of a city meter previously tested within the past four (4) years and the meter is found to be within accuracy standards. CHARGE Per Test $ 27.00/kWh Electric Meter $ 38.00/kW/kWh Electric Meter ACCURACY STANDARDS A meter is defined as within accuracy standards when found to be plus or minus two percent (2%) or less. METER TAMPERING AND/OR DAMAGE CHARGE APPLICATION Applicable to any person that tampers with, damages, or illegally connects to a city electric, water, or wastewater utility system. CHARGE Per Event $200.00 mInImum per connection per system 5 METER INACCESSIBILITY CHARGE APPLICATION Applicable to any customer who prevents the regular and routine reading, maintenance, repair or removal of any city meter due to inaccessibility of the meter. CHARGE Per event $ 38.00 6 MISCELLANEOUS FEES~ CHARGES~ AND DEPOSITS (Effective 1 % 1/06) RETURNED PAYMENT CHARGE APPLICATION Applicable when a customer's or taxpayer's check, or money order, or bank draft for payment of fees, fines, court costs, taxes, utilities, or other charges has been dishonored by the maker's bank and returned to the City of Denton unpaid. CHARGE Per Check $27.00 SERVICE DEPOSITS APPLICATION Applicable when a residential customer requests utility service in the City of Denton service area and does not have twelve (12) months of good credit standing with the City of Denton or another utility system for the type of service requested, or does not have a co-signer with twelve (12) months of good credit standing with the City of Denton, or does not request and demonstrate a passing credit rating through a credit reporting agency. Applicable when a commercial customer does not have twenty-four (24) months of good credit standing with the City of Denton, or a commercial letter of good credit from another utility system. Not applicable when a commercial customer provides an irrevocable letter of credit to the City of Denton as security for payment. CHARGE Residential Customer $150.00 or an amount equal to 1/6 of the last 12 months of billing at the service location. If utility service is disconnected for non- payment, then the customer will be required to pay a deposit sum up to but not greater than 1/6 of the last 12 months of billing at the service location. Commercial Customer $300.00 or an amount equal to 1/6 of the last 12 months of billing at the service location, whichever is greater. If utility service is disconnected for non-payment, then the customer will be required to pay a deposit 7 sum equal to 1/6 of the last 12 months of billing at the service location. Deposits will earn interest for the customer. The applicable rate of interest will be adjusted semi-annually to equal the rate of a one-year United States Treasury Note on October 1 and April 1 of each year. If refund of deposit is made within thirty (30) days of receipt of deposit, no interest payment will be made. If the City retains the deposit more than thirty (30) days, payment of interest, at the current rate, shall be made retroactive to the date the deposit was paid, A. Payment of the interest to the customer shall be made at the time the deposit is returned or credited to the customer's account. B. The deposit shall cease to earn interest on the date it is returned or credited to the customer's account. WAIVER OF SERVICE DEPOSITS APPLICATION Applicable when an Applicant is a citizen of the City of Denton, Texas and who also is a "victim of family violence," applies for utility service in the City of Denton, Texas. To be a qualified as a "victim of family violence" an Applicant must secure and provide a certification letter, provided by one of the certifying entities to the Utilities Customer Service Department. If a proper, dated and completed certification letter is presented by or on behalf of the Applicant to the Utilities Customer Service Department, and its issuance is verified by the Utilities Customer Service Department, then the requirement of a utility deposit shall be waived for that Applicant. This provision is applicable solely to "victims of family violence" as defined by Texas Family Code, S71.004, as amended. No other relief from the City's utility rates, or deposits, or charges, or fees is hereby provided to "victims of family violence." LATE PAYMENT CHARGE DUE ON DELINQUENT BALANCES APPLICATION To cover a portion of the administrative costs of collecting past due balances, a late payment charge shall be assessed on the fifth business day following the due date. CHARGE $1 0.00 late payment charge 8 INTEREST CHARGE ON PAST DUE ACCOUNT BALANCE APPLICATION Interest shall be assessed on any past due account balance (excluding late payment charges) that remains unpaid at the time of the current month's billing calculation. The interest provided for and assessed herein shall be due and payable on the due date of the current month's billing statement. CHARGE 1 % / month on all past due charges and account balances unpaid at the time of the current month's billing calculation. * * * *Under no circumstances shall the interest charge provided for herein exceed the legal rate of interest. To the extent that it does so, the charge is inadvertent, and the City intends only to assess, charge and collect such interest rate that does not exceed the highest lawful rate. CREDIT REPORT CHARGE APPLICATION This fee is applicable if the customer: (a) cannot provide a satisfactory credit rating through previous service history with Denton Municipal Utilities or another utility service; or (b) cannot provide the city with a qualified co-signer, and (c) provides written authorization for the city to obtain a credit rating from a credit source available to the city. CHARGE Charge per credit report $13.00 9 SECTION 2. That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent or in conflict with the terms of provisions contained in the amended schedule of rates hereby enacted by this ordinance, are hereby repealed to the extent of any such conflict. SECTION 3. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 4. That this ordinance shall become effective, charged and applied to all water consumption occurring on and after October 1, 2006; and a copy of said rates, fees, and charges shall be maintained on file in the Office of the City Secretary of Denton, Texas. PASSED AND APPROVED this the day of 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER W ALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER~ CITY ATTORNEY WtM4ffD By: 10 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 CM: Utilities Administration Howard Martin, 8232 .. DEP ARTMENT: SUBJECT Consider adoption of the Water, Wastewater, Solid Waste, Miscellaneous Fees, Charges & Deposits, and Utility Engineering Rate Ordinances. (The Public Utilities Board recommends approval 5-0) BACKGROUND Proposed FY 2006-07 Utilities budgets and CIP's were presented and approved by the PUB during May and June. The budgets were submitted to City Council for review at the August 2nd budget workshop and are scheduled for adoption on September 26, 2006. The proposed rate ordinances included in this agenda are designed to recover the cost of service for each utility and provide a positive or breakeven net income. During the budget presentations, the PUB reviewed each Utilities budget and the proposed rate changes that could be implemented to support the proposed FY 2006-07 budget and FY 2007-11 CIP. Water is proposing a rate increase that is designed to affect high volume irrigation users and maintain rates for lower users the same. Wastewater rates are not being increased though a residential wastewater cap is being introduced. Staff has also developed a rate structure for Solid Waste that will continue to support once per week cart service and a Household Hazardous Waste program. SUMMARY The various Water, Wastewater, Solid Waste, and Miscellaneous rate changes discussed during the budget review are outlined in greater detail below. All changes have been highlighted in red in the attached ordinances. WATER RATE RECOMMENDATIONS . Add a block rate for residential usage over 50,000 gallons . Increase rates for residential blocks for summer usage: 0-15,000 gallons 15,001-30,000 gallons 30,001-50,000 gallons 50,000 + Current $2.60 $3.50 $4.35 $4.35 Proposed $2.60 $3.60 $4.60 $5.00 . Added a residential irrigation rate (WRI) and an outside the city limit irrigation rate (WRIO). . Increased Drought Stage 3 & 4 rates according to Drought Contingency Plan guidelines. . Added a commercial irrigation rate (WCI) to increase summer rate from $2.87/1,000 gallons to $3.45/1,000 gallons. . Revise the Wholesale Raw Water Rate (WRW) applicable to Upper Trinity Regional Water District (UTRWD). The FY 2006 City of Dallas raw water wholesale rate is projected to be $0.4360/1,000 gallons, a decrease of 1.04% from the existing rate of $0.4406/1,000 gallons. Denton's raw water wholesale rate to UTRWD, which is set at 85% of Dallas' raw water wholesale rate, will correspondingly decrease from the existing rate of$0.3745/1,000 gallons to $0.3706/1,000 gallons. This rate is determined by the terms of the raw water contract between Denton and UTR WD. . Increase the rate for the pass-through raw water sent from Lake Chapman into Lake Lewisville by the UTRWD per the Cooper Reservoir Project Contract and all "Chapman" water reclaimed for reuse if discharged into and subsequently withdrawn from Lewisville Lake by UTRWD or Lewisville. The rate will increase from $0.0212/1,000 gallons to $.02221/1,000 gallons. The rate adjustment is determined by the consumer price index, which as of June 30, 2006 is 4.3% over the same period last year. . Add a Special Conditions Rider to allow administrative decisions to be made to individual accounts when the rate ordinance is not specific. WASTEWATER RATE RECOMMENDATIONS . Add a residential wastewater monthly volume cap of 18,000 gallons. . Consolidate inside and outside city limit rates for contaminated grass, brush, or leaves to establish one rate for disposal services of $41. OO/ton. . Increase minimum charge for Grass/Brush/Leaves (GBL) rate to $15.00/load . Add a Special Conditions Rider to allow administrative decisions to be made to individual accounts when the rate ordinance is not specific. SOLID WASTE RATE RECOMMENDATIONS . Adjust the residential cart rate for each cart size per the following: 1 cart service Large Medium Small Current $17.25 $16.50 $15.75 Proposed $17.75 $16.60 $15.00 2 cart service Large from $32.50 to $33.50 . Remove the Residential Financial Need Discount due to non-participation. . Change Residential Recycling and Processing Services (SWRR) to Residential Recycling. . Change Multi-Family Recycling and Processing Services (MFR) to Multi-Family Chemical Collection/Recycling . Increase all the commercial collection services to increase rate revenue by 4.0%. . Add a demand response rate for roll-off container service. . Increase the minimum commercial charge from $17.25 to $17.75. . Increase delivery fees for roll-off and front/side load containers from $75.00 to $90.00 and $50.00 to $75.00, respectively. . Increase accessibility problem fees for roll-off and front/side load containers from $75.00 to $90.00 and $50.00 to $75.00, respectively. . Increase the cost of installation or removal of Solid Waste Department's locks from $125.00 to $150.00. . Reinstate the Collection and Transportation Services Permit (SWP) . Consolidate inside and outside city limits waste to establish one rate for all retail disposal services of $41. OO/ton. . Establish Wholesale Rates for municipal solid waste (MSW) and construction and demolition (C&D) materials. . Increase the minimum landfill charge from $10. OO/load to $15. OO/load. . Add a provision to sell used or excess containers and carts. MISCELLANEOUS RATE RECOMMENDATIONS There are two miscellaneous rate schedules covering metering related serVIces that DME provides. No changes were made to the Meter Charges schedule. Several changes were made to the Account Connection and Reconnection Charges. This schedule lists the fees for having a newly installed meter turned on, having an existing meter turned on, and having a meter turned on following a disconnection for non-payment. It also specifies the penalty for unauthorized usage of service. The following changes were made to this schedule: . As approved by the PUB and Council, DME now provides next business day service for these activities but will guarantee same day service if a customer pays the same fees charged for after business hours service. The schedule has been changed to reflect this policy. . For connection of new meters, the old schedule had not been appropriately updated to reflex the after business hours fee increase from $35.00 to $55.00 that was adopted last year. This section of the schedule also failed to include the fee for "at the transformer" connections that was adopted last year. . The old schedule listed an $11.00 fee for connection of an existing electric meter and an $11 fee for connection of an existing water meter. These separate charges have been changed to a single $22.00 fee regardless of whether one or both services are connected. This change was made because the cost of a trip to perform this work is the same whether one or both services are connected. . The old schedule also listed separate electric and water charges for after business hours connection of existing meters and had not been properly updated with the $55.00 fee that was adopted last year. Both those issues were corrected. . There are no proposed changes to the Miscellaneous Fees, Charges, and Deposits section of the Miscellaneous Rate Ordinance. ENGINEERING FEES RECOMMENDATIONS . There are no proposed changes to the Engineering Fees Ordinances for FY 2006-07. FISCAL SUMMARY The rates and charges included in the utility rate ordinances provide the revenues necessary to cover the cost of service to customers. RECOMMENDATION Staff recommends approval of the proposed ordinances. EXHIBITS 1. FY 2006-07 Water Rate Ordinance 2. FY 2006-07 Wastewater Rate Ordinance 3. FY 2006-07 Solid Waste Rate Ordinance 4. FY 2006-07 Miscellaneous Fees, Charges, and Deposits Rate Ordinance 5. FY 2006-07 Engineering Fees Ordinance Respectfully submittted: ~.:.~... . . . . . . .. .. . ... ... . . ... .. . . . . . ..... .. .. .. . . . .. .. .. . . . . ... . . . . .. . .. . .. .... . ... . . . . .. . . . . . . .. .. . .. . . . .. ........ .... . . .. . ... . Jim Coulter, Director Water Wastewater Utilities a.-r~~ Vance Kemler, Director Solid Waste ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE PAYMENT OF INSPECTION SERVICES FEES TO THE CITY OF DENTON FOR PUBLIC IMPROVEMENTS CONSTRUCTED BY DEVELOPERS, RELATED TO PRIVATE DEVELOPMENT; PROVIDING FOR THE SUPERSEDING OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas incurs administrative expenses in providing inspection services for public improvements which are constructed by developers, and should be properly borne as fees by developers; and WHEREAS, when contractors or utilities perform work within City of Denton right-of-way, the City incurs right-of-way inspection and administrative expenses, which should be properly borne as fees by the contractor or utility requesting services; and WHEREAS, when commercial establishments require loading zones, or parking lots, or commercial establishments file variances or appeals to the Traffic Safety Commission regarding the proper traffic flow and safety, the City of Denton thereby incurs inspection and administrative expenses, which should be borne as fees to the commercial establishment seeking the City action; and WHEREAS, the City Council finds that such fees as are recited herein bear a reasonable relationship to the actual administrative costs and expenses incurred by the City of Denton to conduct such inspections, and that the following ordinance should be enacted; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. That a public works inspection fee is hereby established in an amount equal to 3.5% of the cost to construct public improvements by developers. This inspection fee must be paid to the City by the developer of such development prior to the City's authorization to proceed with construction of the pubic improvements. The cost to construct the public improvements is the cost set forth in the public improvements agreement by and between the City and the developer. The inspection fee covers inspection services by the City for weekdays, Monday through Friday from 8:00 a.m. to 5 :00 p.m. Should the developer request inspection during any other time period including weekends, an additional overtime fee (the "Overtime Fee") shall be paid to the city based upon the following hourly rate: $90.00 per hour as of and after the effective date of this ordinance. 1 A minimum Overtime Fee shall be deposited with the City based upon four hours, at least 24 hours before the overtime inspection is scheduled to start; except that the weekend overtime deposit my be received on or before 12:00 p.m. of the Friday immediately preceding the weekend overtime period. If there are more than four overtime inspection hours, developer will be billed for such additional hours, which shall be paid no later than fifteen (15) days after the date of the billing, and prior to incurring additional overtime inspections. Authorization to proceed with construction of the public improvements will be withheld until all outstanding inspection fees owing the City are paid in full. SECTION 3. A right-of-way inspection fee is hereby established in an amount equal to $75.00 per hour, with a minimum of one hour for each inspection conducted. The inspection fee covers inspection services by the City for weekdays, Monday through Friday from 8:00 a.m. to 5:00 p.m. Should the developer request inspection during any other time period including weekends, an additional overtime fee (the "Overtime Fee") shall be paid to the city at a rate of $90.00 per hour. The right-of-way inspection fee will be invoiced monthly and must be paid to the City by the contractor or utility undertaking construction or repairs with the City right-of-way no later than fifteen (15) days after the date of the invoice. Authorization to proceed with construction of the public improvements will be withheld until all outstanding inspection fees owing the City are paid in full. Failure to pay the fee in full may result in the City terminating the contractor's or utility's right to work within the City right-of-way. SECTION 4. A parking lot permit inspection fee is to be paid to the City of Denton, and is hereby established in an amount equal the following: Parking lot permit fees 1 - 50 spaces 51 - 100 spaces 101 - 250 spaces 251 - 500 spaces $450.00 $600.00 $750.00 $900.00 This parking lot permit inspection fee must be paid to the City by the developer or contractor of such facility prior to the City's authorization to proceed with construction of the parking lot facilities. SECTION 5. A fee for appeals or for variances to the City of Denton Traffic Safety Commission is to be paid by the Applicant to the City of Denton, and is as follows: Fees for appeals or variances to Traffic Safety Commission Fee per appeal or variance $300.00 SECTION 6: A loading zone permit fee is to be paid by the Applicant to the City of Denton and is hereby established in the following amounts: 2 1. A single loading zone shall be a fee of $1 75.00 per year 2. A double loading zone shall be a fee of $350.00 per year That any renewal of a loading zone permit shall require the payment by the Applicant to the City of Denton and is hereby established in the following amounts: 1. A single loading zone shall be a fee of $1 75.00 per year 2. A double loading zone shall be a fee of $350.00 per year SECTION 7. All ordinances of the City of Denton, Texas, including without limitation, Ordinance No. 99-299 and Ordinance No. 2000-300, that are in conflict with this ordinance are hereby superseded by this ordinance, to the extent of any such conflict. This ordinance and Ordinance No. 99-299 and Ordinance No. 2000-300 are controlling over anything contained in the Construction Design Criteria Manual (the "Criteria Manual" of the City) pertaining to inspection fees, including without limitation, Section I.C. of the Criteria Manual entitled "Inspection Fees;" it never being the intent of the City Council to exempt private developments from paying the inspection fee(s) where the effective preliminary plat was approved prior to October 1,2005. The fees established by this ordinance and Ordinance No. 99-299 and Ordinance No. 2000-300 are applicable to all developments within the jurisdiction of the City, regardless of the date on which a preliminary plat was approved. SECTION 8. All fees established by this ordinance shall take effect, from and after October 1, 2006. A copy of these fees shall be maintained in the Office of the City Secretary, and shall be open for public inspection. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: rwA~ 3 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 CM: Electric Utility .. Howard Martin, 349-8232 ~ .. DEP ARTMENT: SUBJECT Consider adoption of the Electric Rate Ordinance. The Public Utility Board Recommends approval (4-0). BACKGROUND The proposed FY 2006-07 Electric operating budget and CIP's were presented and approved by the PUB in June. The Electric operating budget and CIP's were presented to the City Council for review at the August 2nd budget workshop and are scheduled for adoption on September 26, 2006. The proposed Electric rate ordinances support the revenue estimates contained in the proposed FY 2006-07 Electric operating budget. Proposed Changes to Existing Electric Rate Schedules This year DME performed a through review of all its rate schedules. As a result of that review, minor editorial changes that did not change the actual rates or the terms of their application have been made to all but one of the existing DME electric rate schedules (Dark Fiber Rate). Of the rate schedules that were changed, seven were changed substantially. The changes made to these seven electric rate schedules were: . Decorative Street Lighting Schedule - This rate schedule covers the installation of non- standard streetlights by a developer. It has always required a legally responsible party to accept responsibility for the non-standard lights. The proposed schedule defines the responsibilities that must be accepted as "all responsibilities, both legal and financial, related to operation and maintenance of the subject lights". The original schedule also specifies "If the City is required to maintain the privately owned lights to ensure public safety, the owner of the lights may be subject to additional service charges. The additional service charges shall be the actual cost of performing any work required to perform the necessary maintenance .....". Previous versions of this rate schedule have included specific dollar amounts for regular time and overtime labor that are to be used in the calculation of the "actual cost" of performing this work. DME's labor rates changes during the fiscal year. This could cause DME to under collect its "actual cost" of performing the work. Therefore, the schedule was changed to specify labor cost as "Regular time or overtime labor hourly rates in effect at the time the work is performed for all personnel performing the work". An Administration Fee of "10% of the total labor, transportation, and material costs" was also added to cover the cost of supervision, bill calculation, etc. . Temporary Service Schedule - This schedule covers customer requests for electric service on a short term or temporary basis for building construction. It contained the same specific dollar amounts for regular time and overtime labor as the Decorative Streetlight Schedule. The same changes to the labor cost definition made to the Decorative Streetlight Schedule were made to the Temporary Service Schedule. The 10% Administration Fee was also added to this schedule. In addition, the Flat Rate Temporary Service option has been removed. This option was added because DME thought it would be popular with some developers. That has not been the case. Since the option is not being used, it was eliminated. . Energy Save Program Schedule - This schedule has been completely rewritten to make it clearer and easier to understand. The only requirement that has been changed is the minimum HV AC rating of 16 SEER from 14 SEER, whch was changed to conform with new federal efficiency guidelines. Also, because the validation of qualifying installations is dependant on the City building inspection system, the schedule now clearly states that it only applies within the city limits of Denton. . Energy Cost Adjustment Schedule - This schedule has been completely rewritten to make it clearer and easier to understand and to more accurately reflect the approach to setting the ECA rate that is used to deal with volatile energy prices. In addition to these changes, an Extraordinary Circumstance ECA Rate Adjustment section has been added that will allow the Public Utilities Board (PUB) to adjust the ECA rate on a monthly basis in the event the ECA Balancing Account is greater or less than zero dollars by $2,500,000. This change was made to improve the PUB's ability to minimize extreme fluctuations in the ECA. . RCA Schedule & Residential Renewable Energy Rate - A commitment to remain on this rate has always been required as a condition of participating in the program. However, that commitment was not spelled out in the rate schedule. That commitment has been added to the rate schedule. The old schedule for this rate incorporated the terms of the Renewable Cost Adjustment (RCA) rate as part of the schedule. That format was not consistent with the presentation of the ECA rate, which is defined in an independent schedule with references to the ECA schedule incorporated in several other residential and commercial rate schedules by reference. Both for consistency of presentation and because the RCA is now also used in the new Commercial Renewable Energy Service Rider as well as the Residential Renewable Energy Rate, the RCA rate description was removed from this schedule and placed in an independent schedule (Renewable Cost Adjustment). The separate RCA schedule has been completely rewritten to make it clearer and easier to understand and accurately reflect the procedure that has been used to adjust that rate since its inception. In addition the ability the same extraordinary circumstance adjustment ability added to the ECA Schedule was added to the new RCA Schedule. . State Universities and Colleges Discount Rider - The September 1, 2007 termination date set by the Texas Legislature for this discount was added to this schedule. . Distributed Generation From Renewable Resources Rider - The explanation of calculation of a Billing Period Credit for excess energy produced by the distributed generation system was changed to a formula format. An Indemnification section has been added to this rider. Discussion of Proposed ECA and RCA schedule Extraordinary Circumstances Adjustment The existing ECA rate schedule limits adjustments to the ECA rate to once a quarter. This did not create any problems when natural gas prices were fairly stable. Minimizing ECA/RCA rate changes is an appropriate goal. DME's customers prefer stability in their electric bills, because it allows them to budget for these expenses. This is particularly true for commercial and industrial customers. However, in the last few years, natural gas prices have become more and more volatile and difficult to forecast. In the last two years, this has become particularly true for the last quarter of the fiscal year. Last year natural gas prices rose rapidly to extremely high levels after the severe hurricane damage to the gulf coast. DME, which was required to set its ECA/RCA rates for the last quarter in June, found itself severely under collected in ECA/RCA revenues at the end of the FY05 fourth quarter. In order to recover from that under collection, DME's ECA/RCA rates had to be raised from 4.5 cents for both rates to an 8 cent ECA rate and an 9.25 cent RCA rate for two quarters. This year the PUB set DME's ECA/RCA rates for the last quarter conservatively, in an attempt to avoid a repeat of last year's under collection. It now appears very likely that DME will end the fiscal year with a significantly higher over collection than was anticipated. This over collection can be returned to DME's customers, in the form of lower rates, beginning October 1,2006. However, considering the high temperatures Denton experienced this summer, it would have been nice to have had the option to provide customers some ECA/RCA rate relief before October. Therefore the extraordinary circumstance concept, which will allow monthly changes in the ECA/RCA rates in the event the ECA balancing account for the following month is projected to be greater than or less than $2,500,000, has been added to the ECA and RCA Rate Schedules. The $2,500,000 threshold for giving the PUB authority to make monthly rate adjustments within a quarter was chosen based on consideration of both the historical ECA balancing account performance for the past two years and the normal lead time needed to propose and receive PUB approval for an ECA rate change. In making this recommendation, DME and the PUB are not advocating that ECA/RCA rates be routinely changed from month to month. Maintaining these rates stable on a quarterly or longer basis should continue be the goal. However, having the ability to make monthly adjustments during extraordinary periods will allow the PUB the flexibility to respond appropriately to unusual circumstances. To assist in your review of the significant changes made to these schedules, Copies of FY05/06 electric schedules/riders discussed above are attached as Exhibit B. New Rate Schedules Recommended Three new rate schedules have been added to the proposed rate ordinance. . Independent Wholesale Generator Schedule - The Solid Waste Department is working with a firm that plans to build a generation facility at the landfill, utilizing landfill gas as its fuel. In anticipation of this activity, DME had the R.J. Covington firm, the firm that developed DME's 2005 base rate changes, utilize the data from the 2005 rate study to develop the rates for this facility to transport its power over the DME distribution system to the Electric Reliability Council of Texas (ERCOT) transmission grid for sale on the wholesale electric market. Those rates and other necessary terms of service are incorporated in this schedule. Adoption of this rate schedule now will assist the development of this facility by providing certainty regarding these costs and the terms of interconnection. . Commercial Renewable Energy Service Rider - A few of DME's commercial customers have expressed interest in having the ability to supply some portion of their load with renewable resources. This Rider has been developed to allow such purchases. It can be used in conjunction with any of the General Service rate schedules. It allows commercial customers to purchase 1000 kWh blocks of energy at the RCA rate with the remainder of their energy load charged at the ECA rate. . Special Event Service Schedule - DME maintains metered GFI receptacles located on pedestals at the corners of the Downtown Courthouse Square. Until recently they have been used largely for City sponsored events and DME has not charged for the labor required to energize and de-energize them or the energy consumed. However, requests for their use by private downtown businesses and vendors are beginning to become more numerous. Therefore, this schedule has been developed. OPTIONS 1. Approve the proposed Electric Rate Ordinance. 2. Approve the proposed Electric Rate Ordinance without the extraordinary circumstance monthly ECA/RCA rate change authority. 3. Do not approve an Electric Rate Ordinance at this time. RECOMMENDATIONS DME and the PUB recommend Option 1. PRIOR ACTION/REVIEW (Council, Boards, Commission) The PUB approved the proposed Electric Rate Ordinance at its August 28, 2006 meeting by a vote of 4 to 0 with four members present. FISCAL INFORMATION NA EXHIBITS 1. Ordinance 2. Copies of FY05/06 electric schedules/riders to which major revisions have been made. Respectfully submitted: mIIIl.:.: Sharon Mays Director of Electric Utilities ORDINANCE NO. 2006- AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2005-250 FOR ELECTRIC SERVICE; AMENDING RESIDENTIAL SERVICE RATE (SCHEDULE RES): AMENDING RESIDENTIAL RENEWABLE SERVICE RATE (SCHEDULE RG): AMENDING GENERAL SERVICE SMALL RATE (SCHEDULE GSS): AMENDING GENERAL SERVICE MEDIUM RATE (SCHEDULE GSM): AMENDING GENERAL SERVICE LARGE RATE (GSL): AMENDING GENERAL SERVICE TIME OF USE RATE (SCHEDULE TGS): AMENDING LOCAL GOVERNMENT SERVICE RATE (SCHEDULE Gl): AMENDING WEEKEND SERVICE RATE (SCHEDULE WK): AMENDING ATHLETIC FIELD RATE (SCHEDULE AF): AMENDING STREET LIGHTING RATE (SCHEDULE LS): AMENDING TRAFFIC LIGHTING RATE (SCHEDULE LT): AMENDING OTHER LIGHTING RATE (SCHEDULE LO): AMENDING SECURITY LIGHTING RATE (SCHEDULE DD): AMENDING DOWNTOWN DECORATIVE LIGHTING RATE (SCHEDULE DDL): AMENDING DECORATIVE STREET LIGHTING RATE (SCHEDULE DSL): AMENDING TEMPORARY SERVICE SCHEDULE (SCHEDULE Tl): AMENDING INDUSTRIAL DEVELOPMENT RIDER (SCHEDULE IDR): AMENDING ENERGY SA VE PROGRAM (SCHEDULE EP); AMENDING THE ENERGY COST ADmSTMENT (SCHEDULE ECA): ADDING RENEWABLE COST ADmSTMENT (SCHEDULE RCA); AMENDING DISCOUNT RIDER FOR STATE UNIVERSITIES AND COLLEGES (SCHEDULE UD): AMENDING DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER (SCHEDULE DGR): ADDING INDEPENDENT WHOLESALE GENERATOR RIDER (SCHEDULE IWG); ADDING THE COMMERCIAL RENEWABLE ENERGY SERVICE RIDER (SCHEDULE CGR); [AMENDING SPECIAL FACILITIES RIDER (SCHEDULE SFR)] What is amended on this schedule?: ADDING SPECIAL EVENT SERVICE SCHEDULE (SCHEDULE SE); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SF,CTTON 1 . The Schedule of Rates for electrical services as provided for in Chapter 26 of the City of Denton Code of Ordinances, is amended to read as follows: RES RG GSS GSM GSL TGS Gl WK AF LS ELECTRIC RATE SCHEDULES PAGE Residential Service Residential Renewable Energy Service General Service Small General Service Medium General Service Large General Service Time of Use Local Government Service Weekend Service Athletic Field Street Lighting 3 5 7 9 11 13 16 18 20 22 1 Exhibit 1 LT LO DD DDL DSL Tl IDR EP UPS ECA RCA UD DGR IWG CGR SFR SE DFR Traffic Lighting Other Lighting Security Lighting Decorative Downtown Lighting Decorative Street Lighting Temporary Service Industrial Development Rider EnergySave Program Uninterruptible Power Supply Energy Cost Adjustment Renewable Cost Adjustment State Universities and Colleges Discount Rider Distributed Generation From Renewable Sources Rider Independent Wholesale Generator Rider Commercial Renewable Energy Service Rider Special Facilities Rider Special Event Service Dark Fiber Rate 23 24 26 28 29 31 33 35 40 41 43 45 46 48 51 53 54 56 2 SCHEDULE RES RESTDENTTAT i SERVTCE (Effective 10/01/06) APPTJCATTON Applicable to any Customer for all electric service used for residential purposes in an individual private dwelling or an individually metered apartment, supplied at one point of delivery and measured through one meter. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHT iY RA TE WINTER SUMMER Billing months of November through April Billing months of May through October (1) Facility Charge Single-Phase Three- Phase $ 8.25/bill $16.50/bill $ 8.25/bill $16.50/bill plus; (2) Energy Charge per billing period First 600 kWh Additional kWh 5.70~/kWh 3.79~/kWh All kWh 5.70~/kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA See Schedule ECA MTNTMl JM RTT iT iTNG For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Single-Phase Three- Phase Facility Charge Facility Charge 3 ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh in rate block x Rate per kWh in rate block TYPE OF SF,RVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 4 SCHEDULE RG RESIDENTIAL RENEWABLE ENERGY SERVICE (Effective 10/01/06) APPTJCATTON Applicable to any Customer for all electric service used for residential purposes in an individual private dwelling or an individually metered apartment, supplied at one point of delivery and measured through one meter. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHT iY RA TE WINTER SUMMER Billing Months of November through April Billing Months of May through October (1) Facility Charge Three- Phase $ 8.25/bill $16.50/bill $ 8.25/bill $16.50/bill plus; (2) Energy Charge per billing period First 600 kWh All Additional kWh 5.70~/kWh 3.79~/kWh All kWh 5.70~/kWh plus; (3) Renewable Cost Adjustment Charge See Schedule RCA See Schedule RCA TERM Customers wishing to receive Renewable Energy Service must sign a Residential Renewable Energy Agreement and commit to accept this service for a minimum term of 6 months. At the end of each 6 month period, a customer's Renewable Energy Service will be extended for another 6 month period unless that customer provides a written request to terminate that service to the City of Denton Customer Service Department 15 days prior to the end of the then-current 6-month participation period. 5 MTNTMl JM RTT iT iTNG For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Single-Phase Three- Phase Facility Charge Facility Charge ENERGY CHARGE Billing for the energy charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh in rate block x rate per kWh in rate block TYPE OF SFiRVTCE The City will supply single-phase service (or three phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 6 SCHEDULE GSS GENERATi SFiRVTCE SMATiTi (Effective 10/01/06) APPTJCATTON The General Service Small (GSS) rate is applicable to any commercial or industrial customer having a maximum demand of less than 20 kW in each of the previous twelve (12) months for all electric service supplied at one point of delivery and measured through one meter. If the demand in any month exceeds 20 kW, billing will be made under the Rate Schedule GSM and Customer must remain on the GSM rate for a minimum of twelve (12) billing periods. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHT iY RA TE (1) Facility Charge Single-Phase Three- Phase $15.80/bill $21.10/bill plus; (2) Energy Charge per billing period First 2,500 kWh Additional kWh 7.02~/kWh 3.67~/kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA MTNTMl JM RTT iT iTNG For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Single-Phase Three- Phase Facility Charge Facility Charge ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh in rate block x Rate per kWh in rate block 7 TYPE OF SF,RVleE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 8 SCHEDULE GSM GENERATi SERVTCE MFJ)T1JM (Effective 10/01/06) APPTJCATTON The General Service Medium (GSM) rate is applicable to any commercial or industrial customer having a maximum demand of at least 20 kW in anyone of the previous twelve (12) months but less than 225 kW in each of the previous twelve (12) months for all electric service supplied at one point of delivery and measured through one meter. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHT iY RA TE (1) Facility Charge Single-Phase Three- Phase $15.80/bill $21.10/bill plus; (2) Demand Charge $4.00/kW (all kW) plus; (3) Energy Charge per billing period First 6,000 kWh Additional kWh 4.43~/kWh 3.66~/kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA MTNTMl JM RTT iT iTNG For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: (1) The Facility Charge, plus; (2) The Demand Charge 9 DETF,RMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1) the actual monthly kW demand as measured during the fifteen (15) minute period of maximum use each month; or (2) seventy percent (70%) of the maximum monthly actual demand for any month during the previous billing months of May through October in the twelve (12) months ending with the current month. ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh in rate block x Rate per kWh in rate block PRIMARY SERVICF, DISC01JNT Customers who receive service at secondary voltage (GMl) shall receive no Energy Charge discount. Customers utilizing City owned and operated facilities and transformation equipment and who are metered at primary voltage (GM2) shall receive an Energy Charge discount of O.I~/kWh. Customers who own, operate, and maintain all facilities necessary to receive three-phase primary voltage service and all transformation facilities required for conversion to utilization voltage (GM3) shall receive a Energy Charge discount of 0.3~/kWh. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage. TYPE OF SF,RVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 10 SCHEDULE GSL GENERATi SERVTCE TiARGE (Effective 10/01/06) APPTJCATTON The General Service Large (GSL) Rate is applicable to any commercial or industrial customer having a minimum actual demand of 250 kV A or 225 kW for all electric service supplied at one point of delivery and measured through one meter. Customers with an average actual demand equal to or greater than 200 kV A or 180 kW during the previous twelve month period may be allowed service under this rate, subject to the minimum billing provision. Customers other than commercial and industrial may be allowed service under this rate, subject to the minimum billing provision. Customers who elect to discontinue service under this rate are ineligible for service under this rate for twelve months. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHT iY RA TE (1) Facility Charge $65.55/bill plus; (2) Demand Charge $9.33/kV A (Minimum of 250 kV A billed) plus; (3) Energy Charge per billing period First 200,000 kWh Additional kWh 2.14~/kWh 1.21~/kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA MTNTMl JM RTT iT iTNG For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: (1) The Facility Charge, plus; (2) The Demand Charge 11 DETF,RMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1) the actual monthly kV A demand as measured during the fifteen (15) minute period of maximum use each month; or (2) 250 kV A; or (3) seventy percent (70%) of the maximum monthly kV A actual demand for any month during the previous billing months of May through October in the twelve (12) month period ending with the current month. ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh in rate block x Rate per kWh in rate block PRIMARY SERVICF, DISC01JNT Customers who receive service at secondary voltage (GLl) shall receive no Energy Charge discount. Customers utilizing City owned and operated facilities and transformation equipment and who are metered at primary voltage (GL2) shall receive an Energy Charge discount ofO.l~/kWh. Customers who own, operate, and maintain all facilities necessary to receive three-phase primary voltage service and all transformation facilities required for conversion to utilization voltage (GL3) shall receive an Energy Charge discount of 0.3~/kWh. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage. TYPE OF SF,RVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 12 SCHEDULE TGS GF,NERAT, SERVTCE TTME OF lJSE (Effective 10/01/06) APPTJCATTON Applicable to any customer having a minimum demand of 250 kV A for all electric service supplied at one point of delivery and measured through one meter, with the City providing all facilities necessary to receive primary voltage service. Customers electing this rate must remain on this rate for a minimum of twelve (12) continuous billing months. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHT ,V RA TE (1) Facility Charge plus; (2) On-Peak Demand Charge plus; (3) Off- Peak Demand Charge plus; (4) Energy Charge per billing period plus; (5) Energy Cost Adjustment Charge MTNTMl JM RTT ,T ,TNG $76.45/bill $11.87/kV A $2.34/kV A 0.71~/kWh See Schedule ECA For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: (1) The Facility Charge, plus; (2) The Off-Peak Demand Charge, plus; (3) The On-Peak Demand Charge 13 DEFTNTTTON OF ON-PEAK H01JRS The City's on-peak hours, for the purpose of this rate schedule, are designated as being from 2:00 P.M. to 7:00 P.M. each Monday through Friday, for the months of June through September. The City's on-peak hours may be changed from time to time. The Customer will be notified twelve (12) months before such changes become effective. DEFTNTTTON OF OFF-PEAK H01JRS The City's system (off-peak) hours, for the purpose of this rate schedule, shall be all hours not designated as on-peak hours. DETF,RMTNATTON OF ON-PEAK DEMAND The demand used in calculating the On-Peak Demand Charge for the billing period shall be the greater of: (1) the kVA actual demand supplied during the fifteen (15) minute period of maximum use each month during on-peak hours as recorded by the City's demand meter, or (2) one hundred percent (100%) of the actual maximum on-peak demand similarly determined during the billing months of June through September in the twelve (12) months immediately preceding the current month. The On Peak Demand Charge will be applied to each billing period. DETF,RMTNATTON OF OFF-PEAK DEMAND The demand used in calculating the Off-Peak Demand Charge for the billing period shall be the actual kV A demand supplied during the fifteen (15) minute period of maximum use during off-peak hours each month as recorded by the City's demand meter. The Off-Peak Demand Charge will be applied to each billing period. DETF,RMTNATTON OF DEMAND RTTJJNG FOR C1JSTOMERS WITH NO PEAK DEMAND HTSTORY D1JRTNG OFF-PEAK MONTHS If the Customer is new or does not have a history of on-peak use for June through September, and elects to accept service on the TGS rate, the Customer's billed demand shall be the off-peak demand billed at the GSL demand rate. The off-peak demand will be billed every month at the GSL rate until the customer establishes a separate on-peak and off-peak demand during an on-peak month. At this time, both on-peak and off-peak demand will then begin billing at the TGS rate. PRTMARY SERVTCF, DTSC01JNT Customers who receive service at secondary voltage (TG 1) shall receive no Energy Charge discount. Customers utilizing City owned and operated facilities and transformation equipment and who are metered at primary voltage (TG2) shall receive an Energy Charge discount ofO.l~/kWh. Customers who own, operate and maintain all facilities necessary to receive three-phase primary voltage service and all transformation facilities required for conversion to utilization voltage (TG3) shall receive an Energy Charge discount of 0.3~/kWh. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage. 14 ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh x kWh Rate TYPE OF SF,RVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 15 SCHEDULE G 1 T iOCAT i GOVERNMENT SERVTCE (Effective 10/01/06) APPTJCATTON Applicable to any local City, County or School District for all electric service supplied at one point of delivery and measured through one meter. This rate is not applicable to resale service in any event, or to temporary, standby or supplementary service. NET MONTHT iY RA TE (1) Facility Charge Single-Phase Three- Phase $15.80/bill $21.10/bill plus; (2) Demand Charge $6.81/kW plus; (3) Energy Charge 3.15~/kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA MTNTMl JM RTT iT iTNG For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: (1) Facility Charge, plus; (2) Demand Charge DETFiRMTNA TTON OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1) The actual kW demand supplied during the fifteen (15) minute period of maximum use during the current month as determined by City's demand meter; or (2) not less than 50% of the highest monthly actual demand determined during the billing months of May through October in the twelve (12) months immediately preceding the current month. 16 ENF,RGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh x kWh Rate TYPE OF SERVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 17 SCHEDULE WK WEEKEND SERVTCE (Effective 10/01/06) APPTJCATTON Applicable to any commercial and industrial user whose maximum demand load occurs during the period from Thursday at 12 midnight through Sunday at 12 midnight and does not experience a demand load during the period from Sunday 12 midnight through Thursday 12 midnight that exceeds 80% of the maximum demand load. Customers who violate the 80% requirement more than four (4) times during the month, or more than twice on the same day of the week, during the months of June through September, are ineligible for service under this rate for twelve (12) months. This rate is not applicable to resale service in any event, or to temporary, standby or supplementary service except in conjunction with applicable rider. NET MONTHT iY RA TE (1) Facility Charge Single-Phase Three- Phase plus; (2) Demand Charge plus; (3) Energy Charge per billing period First 2,500 kWh Next 3,500 kWh Additional kWh plus; (4) Energy Cost Adjustment Charge $20. 86/bill $26.08/bill $6.72/kW (First 20 kW not billed) 7.02~/kWh 3.67~/kWh 2.70~/kWh See Schedule ECA MTNTMl JM RTT iT iTNG (1) Facility Charge plus; (2) Demand Charge 18 DETF,RMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1) the actual kW demand supplied during the fifteen (15) minute period of maximum use during the current billing period as determined by the City's demand meter less 20 kW; or (2) zero (0). ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh in rate block x Rate per kWh in rate block TYPE OF SF,RVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 19 SCHEDULE AF A THT iFiTTC FTET J) (Effective 10/01/06) APPTJCATTON Applicable to all electric service metered at one point for use to light specified areas for athletic events. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHT iY RA TE (1) Facility Charge Single-Phase $21.07/bill Three- Phase $31.60/bill plus; (2) Energy Charge per billing period Billing months of June through September: Peak (2:00 PM to 7:00 PM) 7.96~/kWh Off Peak (All Other Hours) 3.98~/kWh Billing months of October through May: All hours 3.98~/kWh plus; (3) Demand Charge Billing months of June through September: Peak (2:00 PM - 7:00 PM) $4. 94/kW Off Peak (All Other Hours) $1.17/kW Billing months of October through May: All hours $1.17/kW plus; (4) Energy Cost Adjustment Charge See Schedule ECA 20 MTNTMl JM RTT iT iTNG For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Single-Phase Three- Phase Facility Charge Facility Charge DETFiRMTNATTON OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the actual k W demand supplied during the fifteen (15) minute period of maximum use during the current billing period as determined by the City's demand meter. ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh in rate block x Rate per kWh in rate block TYPE OF SFiRVTCE The City will supply single-phase or three-phase service at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 21 SCHEDULE LS STREET T JGHTTNG (Effective 10/01/06) APPTJCATTON Applicable to all street lighting owned and maintained by the City of Denton. NET MONTHT iY RA TE (1) Facility Charge Rate T illminaire Type Facility Charge LSA LSB LSC 100 W Sodium Vapor 250 W Sodium Vapor 400 W Sodium Vapor $5. 15/bill $7.30/bill $9. 19/bill plus; (2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA) x (Bulb Wattage Factor where the following Bulb Wattage Factors apply); Rate T illminaire Type Rlllh Wattage Factor LSA LSB LSC 100 W Sodium Vapor 250 W Sodium Vapor 400 W Sodium Vapor 48 kWh 105 kWh 159 kWh TYPE OF SFiRVTCE The City will supply single-phase, sixty (60) cycle service at 120, 240, or 480 volts from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the customer, subject to the Special Facilities Rider, may be required where service of the type desired by the customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 22 SCHEDULE L T TRAFFTC T lTGHTTNG (Effective 10/01/06) APPTJCATTON Applicable to State and Local Government agencies that operate and maintain their own traffic signals. NET MONTHT lY RA TE (1) Energy Charge per billing period 5.62~/kWh plus; (2) Energy Cost Adjustment Charge See Schedule ECA ENERGY CHARGE Billing for the energy charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh x kWh Rate TYPE OF SFlRVTCE The City will supply single-phase, sixty (60) cycle service at 120 or 240 volts from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 23 SCHEDULE LO OTHER LIGHTING (Effective 10/01/06) APPTJCATTON Applicable to Texas Department of Transportation unmetered and metered safety lighting systems and continuous lighting systems as those terms are defined in Texas Administrative Code, Title 43, Part 1, Chapter 25, Subchapter A, Rule S25.11. DEFTNTTTON The following definitions apply to this Schedule LO: Hours of Operation Per Billing Period == 333 hours Bulb Wattage is the rated wattage of the luminaire bulb NET MONTHT lY RA TE T lOA (1 Jnmetered T jghting) (1) Energy Charge per billing period 5.62~/kWh plus; (2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA) x (Bulb Wattage/l 000) x (Hours of Operation Per Billing Period) ENFlRGY CHARGE TlOA (1 Jnmetered Tjghting) Billing for the Energy Charge shall be based on estimated kWh consumption during the billing period. Energy Charge == (kWh Rate x Bulb Wattage/l000) x (Hours of Operation Per Billing Period) NET MONTHT lY RA TE T lOR (Metered T jghting) (1) Energy Charge per billing period 5.62~/kWh plus; (2) Energy Cost Adjustment Charge See Schedule ECA 24 ENERGY CHARGE TlOR (Metered Tlighting) Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh x kWh Rate TYPE OF SFlRVTCE The City will supply single-phase, sixty (60) cycle service at 120 or 240 volts from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 25 SCHEDULE DD SECT JRTTY T lTGHTTNG (Effective 10/01/06) APPTJCATTON Applicable to any customer within the area served by the City's electric distribution system for outdoor area lighting when such lighting facilities are operated as an extension of the City's distribution system. NET MONTHT lY RA TE (1) Facility Charge Rate T lllminaire Type DSA DSB DSC DHA DHB 100 W Sodium Vapor 250 W Sodium Vapor 400 W Sodium Vapor 250 W Metal Halide 400 W Metal Halide plus; (2) Energy Cost Adjustment Charge Facility Charge $ 8.14/bill $1 0.7 6/bill $12.97/bill $ 12.65/bill $15.07/bill (Current ECA per Schedule ECA) x (Monthly Bulb Wattage Factor where the following Bulb Wattage Factors apply); Rate T lllminaire Type DSA DSB DSC DHA DHB 100 W Sodium Vapor 250 W Sodium Vapor 400 W Sodium Vapor 250 W Metal Halide 400 W Metal Halide TYPE OF SERVTCE Rlllh Wattage Factor 48 kWh 105 kWh 159 kWh 105 kWh 159 kWh The City shall furnish, install, maintain and deliver electric service to automatically controlled, metal halide or sodium vapor lighting fixtures conforming to the City's standards and subject to its published rules and regulations. Where necessary for proper illumination or where existing poles are inadequate, the City will install or cause to be installed, one (1) wood pole with the necessary lighting hardware and overhead conductor for each installed light, at a distance not to exceed eighty (80') feet from existing lines, at 26 no charge to the Customer. Additional contractual arrangements between the City and the customer, subject to the Special Facilities Rider, may be required where the eighty (80') feet distance limit is exceeded or service of the type desired by the Customer is otherwise not available at the point of serVIce. TF,RM OF CONTRACT A two (2) year contract shall be agreed to and signed by each Customer desiring Security Lighting Service authorizing fixed monthly charges, which may be reviewed annually, and to be applied to the Customer's monthly municipal utilities bill. In the event that a Customer requests the removal of the unit or discontinuance of the service prior to completion of two (2) years, the remainder of the contract period shall become due and payable. After the end of the initial two (2) year contract, service shall continue on a month-to-month basis and may be canceled by either party upon thirty (30) days notice. P A YMRNT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 27 SCHEDULE DDL DOWNTOWN DRCORA TTVR T JGHTTNG (Effective 1 % 1/06) APPTJCATTON Applicable to any Customer requesting service on the perimeter of the historic County Courthouse Square located in downtown Denton and served by the City's existing electric distribution system for outdoor area lighting at said location. NRT MONTHT iY RA TR (1) Facility Charge $4.04/bill plus; (2) Energy Cost Adjustment(Current ECA per Schedule ECA) x (350 kWh per Customer) TYPR OF SFiRVTCR The City shall furnish, install, maintain and deliver electric service to automatically controlled lighting fixtures conforming to the City's standards and subject to its published rules and regulations. The service is provided between dusk and midnight. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. P A YMRNT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. FACTTJTY CHARGR The Facility Charge shall be assessed on each bill rendered. 28 SCHEDULE DSL DECOR A TTVE STREET T JGHTTNG (Effective 10/01/06) APPTJCATTON Applicable to street lighting owned and maintained by the Customer. Availability of this service is contingent on the existence of an executed Special Facilities Rider between the legally responsible party and the City under which the legally responsible party accepts all responsibilities, both legal and financial, related to operation and maintenance of the subject lights, including but not limited to payment of all applicable energy charges. NET MONTHT iY RA TE (1) Energy Charge 5.62~/kWh Energy Charge == (kWh Rate) x (Bulb Wattage Factor) plus; (2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA) x (Monthly Bulb Wattage Factor where the following Bulb Wattage Factors apply); Rate. T illminaire Type Rlllh Wattage Factor DLSA DLSB DLSC DLHA DLHB 100 W Sodium Vapor 250 W Sodium Vapor 400 W Sodium Vapor 250 W Metal Halide 400 W Metal Halide 48 kWh 105 kWh 159 kWh 105 kWh 159 kWh Other - For any lamp types installed by owner that are not included in the list above, a Bulb Wattage Factor will be determined for each unique type. TYPE OF SFiRVTCE The City shall deliver single-phase, sixty (60) cycle service at 120 or 240 volts to the site for non- standard streetlight fixtures supplied by the customer, and installed by the City in accordance with Municipal Code requirements. Additional contractual arrangements between the City and the customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. 29 ADDITIONAl; SERVICE CHARGES If the City is required to maintain the privately owned lights to ensure public safety, the owner of the lights may be subject to additional service charges. The additional service charges shall be the actual cost of performing any work required to perform the necessary maintenance including but not limited to: Labor Regular time or overtime labor hourly rates in effect at the time the work is performed for all personnel performing the work. Labor charges shall be based on a one (1) hour minimum with all additional time above the minimum to be measured to the nearest one-quarter hour. Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the required equipment. Material Any material needed to repair and/or maintain facilities will be billed at City of Denton Warehouse cost plus 25%. Administrative Fee 10% of the total labor, transportation, and material costs. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 30 SCHEDULE Tl TEMPORARY SERVTCE (Effective 10/01/06) APPTJCATTON Applicable when a Customer requests electric service on a short term or temporary basis where a customer has received a permit from the City Building Inspections Department. This rate is not applicable after the certificate of occupancy or building final inspection has been issued. NET MONTHT iY RA TE (1) Facility Charge Single-Phase Three- Phase $15.80/bill $21.10/bill plus; (2) Energy Charge per billing period 7.11~/kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA MTNTMl JM RTT iT iTNG For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Single-Phase Three- Phase Facility Charge Facility Charge ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh x kWh Rate TYPE OF SFiRVTCE The City will supply single-phase service at sixty (60) cycles at a standard secondary voltage available at the site. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. 31 ADDITIONAl; TEMPORARY SERVICE CHARGES Labor Regular time or overtime labor hourly rates in effect at the time the work is performed for all personnel performing the work. Labor charges shall be based on a one (1) hour minimum with all additional time above the minimum to be measured to the nearest one-quarter hour. Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the required equipment. Material Material that cannot be salvaged shall be billed at City of Denton Warehouse cost plus 25%, plus applicable sales tax. At the time a temporary service is removed or converted, any loss of the installed material due to negligence or willful action by the Customer will be billed separately to the Customer at replacement cost plus 25%, plus applicable sales tax. Administrative Fee 10% of the total labor, transportation, and material costs. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 32 SCHEDULE IDR TNDl JSTRT A T i DRVRT iOPMRNT RTDFiR (Effective 10/01/06) P1JRPOSR The purpose of this rider is to facilitate local economic growth and expand the ad valorem tax base of the City of Denton. A V ATTiARTTJTY This rider is available to the Customers who: (1) Receive service from Rate Schedules GSL or TGS; and (2) Pay City of Denton ad valorem tax; and (3) Receive no electric service discounts other than those specifically defined in the GSL or TGS rate schedules. APPTJCATTON This rider is available to electric service supplied at anyone location. It is for firm electric service applicable to new and existing Customers as described below, over a five (5) year period. This rider is available to the following classes of Customers: (1) New customers whose electric service represents demand not previously served by the City at any location in the City's service area in the last twelve (12) months, where such metered demand will be in excess of 225 kV A or 200 kW, as estimated and mutually agreed upon by the Director of Electric Utilities and the customer. (2) Existing customers served under Rate Schedules GSL or TGS who increase their prior existing metered demand by 225 kV A or 200 kW. This increase shall be verified by sub-metering (at the Customers expense) the additional load. If sub- metering is not possible, at the discretion of the Director of Electric Utilities, the increase may be verified by comparing a three-month rolling average of the new level of demand to the prior demand averaged for corresponding months. During periods in which this verification method cannot be applied, the Director of Electric Utilities and the Customer may develop a mutually agreed-upon formula to estimate the base and additional demand levels. NRT MONTHT iY RA TR The Customer shall be charged under the appropriate applicable rate schedules with the exception that the monthly billing demand (for GSL) or system demand and on-peak demand (for TGS) will be adjusted in accordance with the following table: 33 Time Period Reduction to Rilling Demand First Year Second Year Third Year Fourth Year F ifth Year 50% 40% 30% 20% 10% CONTRACT PERIOD The term of the contract will be for five (5) years. 34 SCHEDULE EP RNRRGYSAVRPROGRAM (Effective 10/01/06) PROGRAM SlJMMARY The objective of the EnergySave Program ("EnergySave") is to reduce energy demand and consumption by promoting energy conservation, thereby reducing the utility bills of Denton Municipal Electric (DME) customers, reducing the peak load of the DME's electric system, reducing emissions in the state, and promoting energy conservation. The EnergySave Program offers incentives, in the form of rebates on the electric service bills of DME retail customers and cash incentives to builders. Program applicants who qualify for both Option I and Option II of the Program may choose to receive incentives under either Option I or Option II, but will not be eligible to receive incentives under both options simultaneously. If apartments and multiple unit residential structures meet the EnergySave guidelines, they may qualify for the air conditioner rebates, but are not eligible for the structure incentive. The EnergySave Program will be in effect each fiscal year beginning on October 1, until the allotted funding is depleted or until cancellation of the program by DME. At the time the funds are depleted, no additional applications for participation will be accepted until the next fiscal year. The EnergySave Program guidelines and payments are subject to change by DME without prior notice. DME may, at any time, discontinue the EnergySave Program without prior notice. HV AC DRA T .RRS/TNST AT.T .RRS In order for a builder or customer to qualify for a rebate under either Option I or Option II, the dealer/installer that sells/installs the HV AC equipment/system must be registered as an authorized Denton Municipal Electric EnergySave Authorized Dealer/Installer at the time of the sale/installation. I. Qualification Requirements A. To become a registered EnergySave dealer/installer, the applicant must complete and submit a Denton Municipal Electric EnergySave Installer Application form, which is available at www dmepower com, to the Director of Electric Utilities. II. Responsibility A. In order for HV AC equipment or an HV AC system sold or installed by a qualified dealer/installer to qualify under the Program Guidelines of Option I or Option II, a City of Denton Appliance Efficiency Program Equipment Installation Report/Request for Payment form must be completed and sent to Denton Municipal Electric within thirty (30) days of installation of the equipment/system. Participating dealers/installers can access the application form at www dmepower com. 35 III. Payment A. Participating dealers/installers will receive a cash payment of $20.00 per unit for the sale/installation of qualifying window units, qualifying central air conditioning systems, or qualifying heat pumps, to offset their cost for properly filling out the applications for purchasers of retrofit equipment. B. No payments will be made for sale/installation of units or systems In structures located outside of the city limits of Denton. C. A dealer/installer may be denied payment for failure to follow program guidelines such as: 1. Failing to supply correct SEER/EER figures; 2. Installing equipment which is not new, 3. Failure to fill out rebate forms properly. C. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by Denton Municipal Electric. OPTTON T - STRIJCTIJRR TNCRNTTVR Option I covers Structure Incentive rebates to residential builders of single-family residences located within the city limits of Denton who meet the specific Program Guidelines listed below I. General Procedllres A. Application To qualify for residential structure incentives, a builder or authorized agent must be registered as an authorized Denton Municipal Electric EnergySave Builder at the time of applying for the building permit. To become a recognized EnergySave builder, applicant must complete and submit a Denton Municipal Electric EnergySave Builder Application form, which is available at www dmepower com, to the Director of Electric Utilities. B. Inspections All buildings and installations of central air-conditioning systems must be permitted and shall be inspected and approved by the City's Building Inspection division, before rebates will be processed. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by Denton Municipal Electric. New structures shall be routinely inspected by the City's Building Inspection division to insure adherence to the required energy efficiency construction specifications. 36 C. Payments to Builders A $2,000.00 cash payment per qualifying structure will be paid to a builder or authorized agent whose single-family residence meets the Program Guidelines of Option I. It is the builder's responsibility to insure that the HV AC installer completes the City of Denton Appliance Efficiency Program Equipment Installation Report/Request for Payment form and submits it to DME within thirty (30) days of installation. Builders may be denied payment for failure to follow program guidelines. All submissions are subject to lawful verification of identification and entitlement to the EnergySave rebate by DME. Participating builders will receive a cash payment. II. Program Guidelines A. Each home participating in the EnergySave program must be located within the city limits of Denton, be registered with DME prior to construction, and must comply with all of the City of Denton requirements relating to residential structures and all applicable restrictions and guidelines set forth by the City's Building Inspections division. To register a home, the builder must complete and submit a DME EnergySave Program-Structure Incentive Letter Agreement, which is available at www dmepower com, to the Director of Electric Utilities. B. Each home must have an approved Energy Code Compliance Form on file with the City's Building Inspections division reflecting the actual construction standards being utilized to qualify for the EnergySave Program. C. A 1.5-ton or above central air conditioner or heat pump, having a mInImum efficiency rating of 16 SEER, must be installed in the qualifying structure. D. Must install minimum insulation of: R49 - ceiling (uniform application) R30 - under-decking R30 - cathedral or vaulted ceiling R30 - floor R13 - wall cavity Insulation shall not contact radiant barrier roof decking. E. Exterior glass must meet minimum high-efficiency standards: 0.4 or below - Solar heat-gain coefficient 0.4 or below - U-factor F. Programmable Thermostat: Must be EnergyStar approved G. Radiant Barrier Decking: Must maintain %" air gap between insulation and decking 37 H. Acceptable attic ventilation: Must have one square inch of ventilation per square foot of attic floor, or rate of air exchange of entire volume of attic air once per minute. OPTION II - HV AC RRRA TR Option II covers HV AC Rebates for the purchase and installation of high-efficiency air conditioners or heat pumps for existing, and newly constructed residential or commercial facilities located within the city limits of Denton that met the specific Program Guidelines listed below. I. General Procedllres A. Application A City of Denton Appliance Efficiency Program Equipment Installation Report/Request for Payment form must be completed and sent to Denton Municipal Electric within thirty (30) days of installation of replacement equipment/system. Participating dealers/installers can access the application form at www dmepower com and must complete these forms for the purchaser. It is the purchaser's responsibility to insure that the dealer/installer completes the form and submits it to DME. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by Denton Municipal Electric. B. Inspection Installations of central air-conditioning systems must be permitted, inspected and approved by the City's Building Inspection Department before rebates will be processed. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by Denton Municipal Electric. C. Payments to Customers or Builders Credits will be made to the electric utility accounts of electric utility retail customers that purchase the qualified replacement equipment. Participating builders that install qualified systems will receive a cash payment. The amount of a credit or cash payment shall be based on the payment schedule shown in III below: II. Program Gllidelines A. All installations must be for accounts located within the city limits of Denton and served by the DME, and must meet all applicable national, local, and manufacturers' codes and specifications. B. To qualify for the equipment incentive, the equipment must be a minimum of 16 SEER/EER and must be new when installed. C. All equipment must be purchased. No leased or lease/purchased equipment will 38 qualify for a cash or billing rebate. D. Installations must be made by licensed contractors and/or dealers who are registered as an authorized Denton Municipal Electric EnergySave Authorized Dealer/Installer at the time of the sale/installation. E. No rebate will be paid on a partial replacement of an air conditioner. Both the condensing unit and the evaporator coil must be replaced to qualify for a rebate. F. Requests for payment must be received by DME within thirty (30) days of installation. G. The subject equipment and its installation must be permitted and inspected by the City's Building Inspection Department before final approval for payment or bill rebate is issued. III. Payment Schedule Type of1 Jnit SEER/EER Rating Incentive Central Air Conditioning Central Heat Pumps Geothermal Heat Pump Room Air Conditioners Room Heat Pumps 16.0 + 16.0 + 16.0 + 12.0 + 12.0 + $600/unit $700/unit $700/unit $ 50/unit $ 50/unit 39 SCHEDULE UPS 1 JNTNTRRRl JPTTRT iFi POWER Sl JPPT iY (Effective 1 % 1/06) APPTJCATTON Applicable to any Customer who, by written agreement, receives service for an uninterruptible power supply for a computer or other electrical equipment. Uninterruptible Power Supplies provided under this Schedule UPS are of the standby type. NRT MONTHT iY RA TR (1) Facility Charge: 0-300 Watts Uninterruptible Power Supply 301-700 Watts Uninterruptible Power Supply 701-1,200 Watts Uninterruptible Power Supply $ 7.80/bill $ 14.90/bill $31.85/bill plus; (2) Installation Charge $25.75 For any Uninterruptible Power Supply other than the sizes specified above, the monthly Customer Charge will be based on the following formula: (1) Monthly Charge: 50~ of Annual Maintenance Cost 12 months plus; ()O~ Annual Return of Tn vestment 12 months plus; 8% Interest on a Five (5) Year Life TYPR OF SFiRVTCR The City shall furnish, install, maintain an automatically controlled alternating current power backup unit conforming to the City's standards and subject to its published rules and regulations. P A YMRNT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 40 SCHEDULE ECA ENERGY COST AnTI JSTMF,NT (Effective 10/01/06) The Energy Cost Adjustment (ECA) rate shall be set by the Public Utilities Board. The ECA rate shall be reviewed on a monthly basis and adjusted as defined below to recover the variable cost of energy delivered to customers. Variable energy cost includes the variable cost of Texas Municipal Power Agency (TMPA) energy (excluding the portion of TMPA's energy charge associated with fixed costs), the variable cost of purchased energy (excluding demand payments or fees for services), and fuel costs. ENERGY COST AnTI JSTMENT RAT,ANCTNG ACC01JNT CAT,C1JT,ATTON The ECA Balancing Account shall be calculated using the following formula: ECA Balancing Account == (Actual plus Projected ECA revenue) - (Projected Energy Cost) Where: Projected Energy Cost == (Actual plus Projected cumulative cost of fuel) + (Actual plus Projected cumulative variable cost of TMP A energy) + (Actual plus Projected cumulative variable purchased energy cost). The Director of Electric Utilities or his/her designee shall calculate the ECA Balancing Account balance monthly. In the event that the ECA Balancing Account balance calculated during the last month of each fiscal quarter (December, March, June, and September) is greater than or less than zero dollars ($0) by $500,000 or more during the next quarter, the Electric Utility Director or his/her designee shall recommend to the Public Utilities Board an ECA rate adjustment sufficient to recover/return any under/over collection, and maintain DME in a financially sound position. The Public Utilities Board shall consider that recommendation and may adjust the ECA rate for the quarter immediately following as necessary to maintain DME in a financially sound position. ENERGY COST AnTI JSTMF,NT CAT,C1JT,ATTON ECA == [(Projected Energy Cost) + (ECA Balancing Account)]/(Projected kWh sales) ENERGY COST AnTI JSTMENT CHARGE The Energy Cost Adjustment Charge shall be based on actual kWh consumption during the billing period. Energy Cost Adjustment Charge == kWh x ECA rate 41 RXTRAORDINARY CTRC1JMSTANCR RCA RATR ADT1JSTMRNT In the event that the ECA Balancing Account balance calculated for any month is greater than or less than zero dollars ($0) by $2,500,000 or more during the next month, the Electric Utility Director or his/her designee shall recommend to the Public Utilities Board an ECA rate adjustment sufficient to recover/return any under/over collection, and maintain DME in a financially sound position. The Public Utilities Board shall consider that recommendation and may adjust the ECA rate for the month immediately following as necessary to maintain DME in a financially sound position. 42 SCHEDULE RCA RENF/WART/E COST ADnJSTMENT (Effective 10/01/06) The Renewable Cost Adjustment (RCA) rate shall be set by the Public Utilities Board. The RCA rate shall be reviewed on a quarterly basis and adjusted as defined below to recover the cost of renewable energy delivered to customers. Renewable energy cost includes the Energy Cost Adjustment Charge (see Schedule ECA) plus the cost of Renewable Energy Credits (REC) purchased. RENEW ART IFI COST ADTT JSTMENT RAT IANCTNG ACCOT TNT CAT ICT JT IA TTON The RCA Balancing Account shall be calculated using the following formula: RCA Balancing Account == (Actual plus Projected RCA revenue) - (Projected Renewable Energy Cost) Where: Projected Renewable Energy Cost == (Actual plus Projected cumulative ECA cost) + (Actual plus Projected REC cost) During the last month of each fiscal year quarter (December, March, June, and September),the Director of Electric Utilities or his/her designee shall calculate the RCA Balancing Account balance. In the event that the RCA Balancing Account balance calculated during the last month of each fiscal quarter is greater than zero dollars ($0) by $100,000 or more during the next quarter, the Electric Utility Director or his/her designee shall recommend to the Public Utilities Board an RCA rate adjustment sufficient to recover/return any under/over collection, and maintain DME in a financially sound position. The Public Utilities Board shall consider that recommendation and may adjust the RCA rate for the quarter immediately following. RENEW ART IFI COST ADn JSTMENT CAT ICT JT IA TTON RCA == ECA + [(Projected Renewable Energy Cost)/(Projected kWH sales)] Where: Projected Renewable Energy Cost == Actual + Projected REC cost RENEWART/FI COST ADTTJSTMENT CHARGE The Renewable Cost Adjustment Charge shall be based on actual kWh consumption during the billing period. Renewable Cost Adjustment Charge == kWh x RCA rate EXTRAORDINARY CTRCTJMSTANCE RCA RATE ADnJSTMENT 42 In the event that an Extraordinary Circumstance ECA Rate Adjustment is made (see Schedule ECA) the RCA shall be adjusted concurrently with the Extraordinary Circumstance ECA Rate Adjustment by substituting the new ECA rate in the Renewable Cost Adjustment Calculation formula above. 43 SCHEDULE UD ST A TR 1 TNTVRR STTTRS AND COT J iFiGRS DTSCOl TNT R TDRR (Effective 10/01/06 through 8/31/07) APPTJCATTON Service provided herein is applicable to electric service billed under the otherwise applicable tariffed rate for service supplied to a facility of a "four-year state university, upper-level institution, Texas State Technical College, or college" as provided in the Public Utility Regulatory Act of2003, Chapter 36, Subchapter H, S36.351. CRFiDTT TO MONTHT iY RTT J i OR MONTHT iY RA TR Per the Public Utility Regulatory Act of 2003, Chapter 36, Subchapter H, S36.351 a discount of 20% shall be applied to the base rate of the applicable rate schedule of an account. "Base Rates" are defined as the sum of the following charges: the Facility Charge, the Energy Charge and/or the Demand Charge of the applicable rate schedule. Base rates do not include recovery of fuel and purchased energy costs, including, without limitation, energy cost adjustments (schedules ECA, RCA, or their successors). All other charges and calculations in the rate schedule are unchanged. TFiRMTNATTON OF SCHRDlJTiR lJD In accordance with 76th Texas Legislature, Senate Bill 7, S63, SCHEDULE UD shall terminate effective September 1, 2007. 43 SCHEDULE DGR DISTRIR1JTED GENERATION FROM RENEWARIJE SOlJRCES RIDER (Effective 10/01/06) APPIJCATION This Rider is available to any retail customer receiving electric service under a DME residential electric rate schedule who owns and operates an on-site generating system powered by a renewable resource capable of producing not more than 3 kW of power, and who interconnects with the DME electric system. Renewable energy technology is any technology that exclusively relies on an energy source that is naturally regenerated over a short time and derived directly or indirectly from the sun or wind. A renewable energy technology does not rely on energy resources derived from fossil fuels, waste products from fossil fuels, or waste products from inorganic sources. This Rider applies to a Customer-owned generating system that primarily offsets part or all of the Customer's electric service provided by DME. CONDITIONS OF SERVICE All charges, character of service, and terms and conditions of the electric rate schedule under which the Customer receives service shall apply except as expressly altered by this Rider. The Customer shall comply with the current DME technical requirements for distributed generation interconnection. The Customer shall obtain approval from DME before the Customer energizes the customer's on-site generating system or interconnects it with the DME electric system. The Customer shall submit to DME a completed interconnection application form and signed Standard Agreement for Interconnection and Parallel Operation of Distributed Generation Agreement. The minimum term of an Agreement under this Rider is one year, extended automatically unless terminated by either party with sixty days advance written notice The Customer is responsible for the costs of interconnecting with the DME electric system, including transformers, service lines, or other equipment determined necessary by DME for safe installation and operation of the Customer's equipment with the City's system. The Customer is responsible for any costs associated with required inspections and permits. METERING Metering under this Rider shall be performed by a single meter capable of registering the flow of electricity in two directions (delivered and received) to determine the Customer's net energy flow. 44 RATE Beginning in a billing period after a Customer receives approval to interconnect the Customer's on-site generating system from the City of Denton, if the energy delivered by the Customer's approved system to the DME electric system exceeds the amount of energy delivered by DME to the Customer, the City shall credit the Customer's account for the energy generated as follows: Billing Period Credit == The greater of $0 or [(kWh delivered from the Customer's approved system) - (kWh delivered by DME to the Customer)] x ECA rate (see Schedule ECA) Any Billing Period Credit shall be applied to the utility charges due from the Customer to the City of Denton for the billing period. TNDEMNTFTCA TTON The Customer operating the renewable distributed generation system indemnifies DME and holds DME harmless for all damages and injuries to DME, the Customer, or others arising out of Customer's use, ownership or operation of Customer's distributed generation facilities in parallel with DME's system. Customer is solely responsible for providing adequate protection for operating in parallel with DME's system in such a manner that faults or other disturbances on the DME system do not cause damage to the Customer's distributed generation equipment. 45 SCHEDULE IWG TNDEPENDF,NT WHOT,ESAT,E GENERATOR (Effective 10/1/06) APPTJCATTON The Independent Wholesale Generator (IWG) rate is applicable to generating installations often (10) MW or less interconnected to and operating in parallel with DME's distribution system, for the sole purpose of delivering the net output (gross output minus auxiliary load and step up transformer loses) of said generating installation to the Electric Reliability Council of Texas (ERCOT) transmission grid for sale in the ERCOT wholesale power market. DME will interconnect the IWG pursuant to the terms of the DME standard Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation. Other services or special requirements for interconnection of a specific generating facility, not included in the DME standard Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation, requested by the IWG Customer, or required by DME may be provided pursuant to negotiation and agreement by both the IWG Customer and DME. The provision of said additional services or requirements shall be recorded in the form of an addendum to the DME standard Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation. TF,RMS AND CONDTTTONS OF SERVTCE At a minimum, the IWG Customer shall comply with the current DME technical requirements for independent wholesale generation interconnection specified in the DME standard Agreement for Interconnection and Parallel Operation of Distributed Generation. The IWG Customer may not begin construction of its facilities until an Agreement for Interconnection and Parallel Operation of Distributed Generation has been signed by both the IWG Customer and the City of Denton. The IWG Customer shall obtain approval from DME before the IWG Customer begins operation of its generating system or interconnects it with the DME electric system. The IWG Customer is responsible for any costs associated with required City of Denton and/or DME inspections and permits. PRE-TNTERCONNF,CTTON STl JDTES DME may, at its sole discretion perform pre-interconnection studies DME or the City of Denton deems appropriate, which may include, but are not restricted to, a service study, coordination study, emissions impact study, and utility system impact study. In instances where such studies are deemed necessary, the scope of such studies shall be based on the characteristics of the particular IWG generation system to be interconnected, DME's distribution system at the specified proposed location(s), and environmental characteristics of the Denton County area. Such studies will also determine whether the electric interconnection can be made consistent with safe and reliable operation of DME's distribution system. The cost of such analysis will be the responsibility of the IWG Customer. A cost estimate will be provided and agreed to by the IWG Customer prior to DME or the City performing the studies. 46 SYSTEM MODTFTCA TTONS The IWG Customer will be required to install, operate, and maintain in good order and repair, and without cost to DME, all facilities required by DME for the safe operation of the IWG system in parallel with DME's electric system. The IWG Customer's IWG system shall be installed, operated, and maintained by the IWG Customer at all times in conformity with good electrical practice and shall comply with the National Electric Code, the National Electric Safety Code, any applicable local codes and any applicable DME service standards included in the DME Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation Any modifications or additions to DME's electrical system caused by the addition of the Customer's IWG system will be solely at the IWG Customer's expense. However, the IWG Customer will not acquire any ownership in these facilities. The modifications and additions may include, but are not restricted to, the upgrading of transformer insulation levels and lightening arrester ratings, the replacement of circuit breakers due to increased fault current levels, additional protective relaying and any additional metering. Further, DME may require that a communications channel(s) be installed at the IWG Customer's expense as part of the relay protection, remote control, remote metering, SCADA telemetry, and/or direct voice contact between DME and the IWG Customer. RATE The rates charged the IWG Customer shall consist of a minimum monthly Facility Charge plus a monthly distribution charge plus a monthly distribution line loss charge. These charges shall be calculated as follows: Monthly Facility Charge: The IWG Customer shall pay DME a monthly facility charge sufficient to compensate DME for its investment in special facilities dedicated exclusively to providing the IWG Customer service and/or that are necessary to ensure that the quality of service provided to other customers is not adversely affected pursuant to the requirements of the SYSTEM MODIFICATION provisions set forth above. The minimum monthly facility charge shall be $65.55. Distribution Delivery Charge: The IWG Customer shall pay DME a monthly distribution delivery charge equal to $2.06 times the IWG Customer's delivery demand. The IWG Customer's delivery demand shall be the greatest of the IWG Customer's maximum 15 minute net capacity output as measured at the IWG Customer's IWG site, the minimum billing kW shall be as established in the DME Agreement for Interconnection and Parallel Operation of Independent Wholesale Generation, or 1,500 kW. 47 Distribution Line Loss Charge: The IWG Customer shall pay DME a monthly distribution line loss charge equal to the applicable monthly Energy Cost Adjustment (ECA) charge (see schedule ECA) times monthly energy losses. Monthly energy losses shall be calculated as the metered monthly kilowatt-hour output of the IWG Customer's IWG generating unites) as measured at the IWG Customer's IWG site times five (5.0) percent. Generator Auxiliary Load Standby Charge: The IWG Customer shall pay the DME General Service Large rate for any electric service used by the IWG Customer to serve generator auxiliary load as a result of demand and energy requirements placed upon DME resulting from planned or forced outage of the IWG Customer's IWG generation unites). Electric Service to Structures and Other Facilities Other than Generator Auxiliary Load: All charges, character of service, and terms and conditions of the applicable City of Denton electric rate schedule(s) under which the IWG Customer receives DME electric service for structures or other facilities not specifically supplying auxiliary service directly to its generating unites) shall apply except as expressly altered by this Rider. 48 SCHEDULE CGR COMMERCIAl; RENEWARI;E ENERGY SERVICF; RIDER (Effective 10/01/06) This Rider defines the manner by which commercial customers may purchase predetermined 1000 kWh blocks of energy or 100% of actual energy consumption from renewable resources by substituting the Renewable Cost Adjustment Charge (see Schedule RCA) in lieu of the Energy Cost Adjustment (see Schedule ECA) specified in their applicable rate Schedule. APPIJCATION This Rider is applicable to any non-residential Customer receiving service under rate schedules GSS, GSM, GSL, G 1, TGS, or WK at one point of delivery and measured through one meter. This Rider is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHI;Y RA TE A customer eligible for service under this Rider may elect to purchase renewable energy at the Renewable Cost Adjustment Charge, determined in accordance with Schedule RCA. Said customer may elect to purchase 1000 kWh blocks of energy at the RCA rate, with the remainder of the customer's energy use charged at the ECA rate or to purchase all energy used at the RCA rate. All other charges contained in the customer's applicable rate Schedule shall continue to apply, as specified in said Schedule. Said customer's energy charge shall be calculated as follows. Either: Total Energy Charge == [(Y x 1000 kWh) x RCA] + {[(Total Energy Used) - (Y x 1000 kWh)] x ECA} Where: Customer has elected to purchase a portion of its energy consumption at the RCA and: Y== Number of 1000 kWh RCA blocks elected by said customer Or: Total Energy Charge == Total Energy Used x RCA Where: Customer has elected to purchase its entire energy consumption at the RCA 49 TERMS OF SERVICE To exercise the energy supply choice made available by this Rider, an eligible customer must enter into a separate written agreement with Denton Municipal Electric that specifies either a specific number of 1000 kWh energy blocks to be purchased at the Renewable Cost Adjustment Charge or specifies that 100% of said customer's monthly energy consumption is to be purchased at the Renewable Cost Adjustment Charge. The minimum term for a Schedule CGR agreement shall be 6 months. This Rider replaces the Energy Cost Adjustment Charge for participating customers. 50 SCHEDULE SFR SPECIAl; FACIIJTIES RIDER (Effective 10/01/06) (1) All service shall be offered from available facilities. If a customer service characteristic requires facilities and devices not normally and readily available at the location which the customer requests service, the total cost incurred by DME for all facilities installed, buried, relocated and/or removed shall be the responsibility of the Customer and subject to a special contract entered into between DME and the Customer. This contract shall be signed by both parties prior to the DME providing service to the Customer. (2) Billing for services beyond the delivery of electricity, utilized by the Customer, may be subject to a special contract entered into between DME and the Customer. This contract shall be signed by both parties prior to DME providing service to Customer. 51 SCHEDULE SE SPECTATi EVENT SERVTCFi SCHFJ)lJTiE (Effective 10/01/06) APPTJCATTON Applicable only on the Downtown Square from existing Denton Municipal Electric facilities when a Customer requests electric service on a short term or temporary basis, providing said Customer has received an approved SPECIAL EVENT AGREEMENT from the City of Denton Parks and Recreation Department. In order to receive this service, the Customer shall take the approved SPECIAL EVENT AGREEMENT to the City of Denton Customer Service department and set up an account by making a $75.00 deposit. TEMPORARY METERED RA TE (1) Facility Charge $30.25/bill plus; (2) Energy Charge 9.50~/kWh plus; (3) Energy Cost Adjustment See Schedule ECA MTNTMl JM RTT iT iTNG For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: (1) Facility Charge TYPE OF SFiRVTCE The City will supply single-phase service at sixty (60) cycles at a standard secondary voltage available at the site. Service is only available at existing GFI receptacles located on pedestals at the comers of the square. The total Customer load shall not exceed 60 amps. ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge == kWh x (Energy Charge + ECA) 52 TERM The term of service shall begin when the Customer makes the deposit at the City of Denton Customer Service department and end when the Customer notifies the City of Denton Customer Service department that said service should be terminated. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. If the total amount owed by the Customer at the time of termination of the service is less than the deposit, the balance of the deposit will be returned to the Customer. 53 SCHEDULE DFR DARK FTRF,R (Effective 10/01/06) APPTJCATTON Service is available to any customer to the extent there is any excess capacity respecting Denton Municipal Electric's fiber optic cable facilities, within the area served by Denton Municipal Electric's ("DME") distribution system, for the purpose of point-to-point dark fiber optic cable connectivity intended for the transport of high-speed data. MONTHT,YRATR (1) Fiber Mileage Charge $400 per fiber pair/mile, per month; and (2) Building Presence Charge $180 per location, per month Total Fiber Rate $580 per fiber pair/mile, per month, per location RATR G1JTDRTJNRS (1) The minimum quantity of fiber to be leased shall be one (1) fiber pair. All fiber pairs furnished to the customer shall consist of two (2) fibers. (2) The minimum Fiber Mileage Charge is for one (1) fiber pair/mile. (3) After the first mile, Fiber Mileage Charge will be charged in increments of the nearest one-tenth (0.1) mile. (4) All costs associated with ingress to a customer's location from the DME right-of-way shall be billed directly to the customer, and are not included in the Fiber Mileage Charge and the Building Presence Charge and shall be paid to Denton Municipal Electric within fifteen (15) calendar days from the date of issuance of the bill. (5) The Fiber Mileage Charge calculation is based upon the actual fiber pair distance along the DME distribution system rights-of-way. The Fiber Mileage Charge is not based upon any other method of calculation. The Fiber Mileage Charge is not based upon any distance determination, such as the distance the crow flies, or from point-to-point. (6) The Fiber Mileage Charge distance shall be capped at two (2) times the direct point-to- point distance. DTSCOl JNTS Special discounts will be applied for fiber pairs to the same location, and for fiber pairs for long-term contracts in the amounts as shown in the table below. The discount applicable to a customer shall not be a cumulative total of all the discounts offered. The discount any customer is entitled to shall be the largest single discount applicable to that customer's service. 54 Discount Type Discount Discount Type Discount Term ofT lease OA. Nllmher of Fihers oA. 5 - 7 Years 30% 1-2 Fibers /Mileage Charge 0% 8-10 Years 45% 3-6 Fibers/ Mileage 9.7% Charge 7-12 Fibers/Mileage Charge 19% 12 or more Fibers/Mileage 28.7% Charge TYPE OF SFlRVTCE The City shall furnish, install, maintain, and deliver only point-to-point dark fiber connectivity for the purpose of transporting high-speed data with a maximum loss of no more than 9.0 dB. PAYMENT Bills are due when rendered and become past due if not paid within fifteen (15) calendar days from date of issuance. TERM OF T lEASE CONTRACT All dark fiber lease contracts shall be for a minimum term of five (5) years. 55 SECTION 2 The Assistant City Manager for Utilities; and in his absence the Director of Electric Utilities is hereby authorized to expend funds to issue rebates to electric utility customers in the form and type set forth in Schedule EP, as the use of more efficient air conditioning compressors and heat pumps is in the best interest of the City of Denton, Texas, as such will reduce energy demand and consumption, reduce the peak load of the DME's electric system, reduce emissions in the state, and promote energy conservation, which are public purposes of the City. [In sections 2 through 5 I need to delete "That" per edict of the City Attorney] SF,CTION 1 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. SF,CTION 4 If any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SF,CTION ~ This ordinance and the rates herein adopted shall become effective, charged, and applied to all electric services rendered by Denton Municipal Electric, and all energy usage by customers of Denton Municipal Electric effective with the first billing issued on and after October 1, 2006; and a copy of said rates shall be maintained on file in the Office of the City Secretary of the City of Denton, Texas. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: WfJJMfj1J APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: 56 EXHIBIT 2 FY 05-06 ELECTRIC SCHEDULES/RIDERS 1 SCHEDULE RG RESIDENTIAL RENEWABLE ENERGY SERVICE RATE (Effective 10/01/05) APPTJCATTON Applicable to any Customer for single-phase electric service used for residential purposes in an individual private dwelling or an individually metered apartment, supplied at one point of delivery and measured through one meter. Not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHT iY RA TE WINTER SUMMER Billing Months of November through April Billing Months of May through October (1) Facility Charge $8.25/bill $8.25/bill plus; (2) Energy Charge per billing period First 600 KWH All Additional KWh 5.70~/KWh 3.79~/KWh All KWh 5.70~/KWh plus; (3) Renewable Cost Adjustment Charge Variable, see below Variable, see below MTNTMl JM RTT iT iTNG For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Facility Charge 2 ENERGY CHARGE Billing for the energy charge shall be based on actual KWh consumption during the billing period. Energy Charge == KWh in rate block x rate per KWh in rate block RENEWARTJFJ COST Ann JSTMENT (RCA) CHARGE The Renewable Cost Adjustment Charge shall be based on actual KWh consumption during the billing period. RCA Charge == KWh x Renewable Cost Adjustment The Renewable Cost Adjustment shall be computed during the last month of each fiscal year quarter (December, March, June and September) to be applied within the following quarter. The City shall in no case change the Renewable Cost Adjustment more than once in any three (3) month period. The Renewable Cost Adjustment shall be calculated using the following formula: Renewable Cost Adjustment == (Renewable energy credit and/or purchased energy cost shortfall or overage for current quarter + Projected renewable energy credit and/or purchased energy cost for next quarter)/Projected KWh sales for next quarter In the event that actual plus estimated cumulative costs of renewable energy credits and/or purchased energy are greater than or less than the actual and projected renewable energy revenues by $100,000 or more during the next quarter, the Director of Electric Utilities or his/her designate shall recalculate the Renewable Cost Adjustment and, with Public Utilities Board approval, may establish a Renewable Cost Adjustment that collects or returns such difference during the next three month period. Such change in the Renewable Cost Adjustment shall be applied during the next three-month period. TYPE OF SFJRVTCE The City will supply single-phase service at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 3 SCHEDULE DSL DECOR A TTVE STREET T JGHTTNG (Effective 10/01/05) APPTJCATTON Applicable to street lighting owned and maintained by the customer. This service is contingent to an executed Special Facilities Rider between the legally responsible party and the City of Denton. NET MONTHT iY RA TE (1) Energy Charge 5.62~/KWH Energy Charge == (KWH Rate) x (Bulb Wattage Factor) plus; (2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA) x (Monthly Bulb Wattage Factor where the following Bulb Wattage Factors apply); Rate Luminaire Type Bulb Wattage Factor DLSA 100 W Sodium Vapor DLSB 250 W Sodium Vapor DLSC 400 W Sodium Vapor DLHA 250 W Metal Halide DLHB 400 W Metal Halide 48 KWH 105 KWH 159 KWH 105 KWH 159 KWH Other - For any lamp types installed by owner that are not included in the list above, a Bulb Wattage Factor will be determined for each unique type. TYPE OF SERVTCE The City shall deliver single-phase electric service at (60) cycles to the site for automatically controlled metal halide or sodium vapor lighting fixtures conforming to the City's standards and subject to its published rules and regulations. Additional contractual arrangements between the City and the customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. If the City is required to maintain the privately owned lights to ensure public safety, the owner of the lights may be subject to additional service charges. 4 ADDITIONAl; SERVICE CHARGES Labor (Regular Time) $60.00 minimum up to one (1) hour. $60.00 for each additional hour (to be measured to the nearest one- quarter hour). Labor (Overtime) $75.00 minimum up to one (1) hour. $75.00 for each additional hour (to be measured to the nearest one- quarter hour). Premium time to be added where applicable. Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the equipment. Material Any material needed to repair and/or maintain facilities will be billed at Store's cost plus 25%. P A YMF;NT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 5 SCHEDULE Tl TEMPORARY SERVTCE SCHED1JTiE (Effective 10/01/05) APPTJCATTON Applicable when a Customer requests electric service on a short term or temporary basis where a customer has received a permit from the City of Denton's Building Inspections Department. This rate is not applicable after the certificate of occupancy or building final has been issued. NET MONTHT iY RA TE (1) Facility Charge Single-Phase Three- Phase $15.80/bill $21.10/bill plus; (2) Energy Charge per billing period 7.11~/KWH plus; (3) Energy Cost Adjustment Charge See Schedule ECA MTNTMl JM RTT iT iTNG For each billing period, the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy was actually used: Single-Phase Three- Phase Facility Charge Facility Charge ENERGY CHARGE Billing for the Energy Charge shall be based on actual KWH consumption during the billing period. Energy Charge == KWH x KWH Rate TYPE OF SFiRVTCE The City will supply single-phase service at sixty (60) cycles at a standard secondary voltage available at the site. Additional contractual arrangements between the City and the Customer, subject to the Special Facilities Rider, may be required where service of the type desired by the Customer is not available at the point of service. 6 ADDITIONAl; TEMPORARY SERVICE CHARGES Labor (Regular Time) $60.00 minimum up to one (1) hour. $60.00 for each additional hour (to be measured to the nearest one- quarter hour). Labor (Overtime) $75.00 minimum up to one (1) hour. $75.00 for each additional hour (to be measured to the nearest one- quarter hour). Premium time to be added where applicable. Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the equipment. Material Material that cannot be salvaged to be billed at Store's cost plus 25%, plus applicable sales tax. At the time a temporary service is removed or converted, any loss in the material installed due to negligence or willful action by the Customer will be billed separately to the Customer at replacement cost plus 25%, plus applicable sales tax. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. PI;AT RATE TF;MPORARY SERVICE Applicable to new construction of underground residential electric service only. Rate: A flat fee of $195 per lot payable when the Customer applies for temporary serVI ce. 7 SCHEDULE EP RNRRGYSAVRPROGRAM (Effective 10/01/05) APPTJTCATTON/PROGRAM SlJMMARY Denton Municipal Electric ("DME") through this program, called "EnergySave", is offering cash payments as incentives in the form of rebates to Customers who purchase and install high- efficiency air conditioners or heat pumps for existing residential or commercial facilities. This program will also provide structure incentives in the form of rebates, in the amount of $2,000 per qualifying structure, to residential builders of single-family residences for meeting specific DME structure requirements. Satisfying these construction requirements will improve a residential structure's heating and cooling system's operating efficiency. Customers requesting to participate in the Structure Incentive program are not eligible to simultaneously participate in the HV AC Equipment Rebate. Apartments and multiple unit residential structures will qualify for the air conditioner rebates, but will not qualify for the structure incentive, if they meet the applicable EnergySave Program Guidelines. The EnergySave Program's objectives are primarily to reduce energy demand and consumption, thereby allowing the Customers of DME to save dollars on their utility bills, reducing the peak load of the City of Denton's electric system, and promoting energy efficient heating and cooling. The EnergySave Program will be in effect each fiscal year beginning on October 1, until the allotted funding is depleted. At the time the funds are depleted, no additional applications for participation will be accepted until the next fiscal year. PROGRAM G1JTDRTJTNRS I. Qllalification Gllidelines for HV AC Rqllipment A. All installations must be for accounts served by the DME and must meet all applicable national, local, and manufacturers' codes and specifications. B. To qualify for the equipment incentive, the air conditioner or heat pump must be new when installed and have a minimum efficiency rating of 14 SEER. C. All equipment must be purchased. No leased or lease/purchased equipment will qualify for a cash rebate. D. Installations must be made by licensed contractors and/or dealers. E. No rebate will be paid on a partial replacement of an air conditioner. The condenser unit and the evaporator coil must be replaced to qualify for a rebate. F. Requests for payment must be received by DME within thirty (30) days of installation. 8 G. Equipment and installation must be permitted and inspected by the City's Building Inspection Department before final approval for payment is issued. H. The EnergySave Program guidelines and payments are subject to change by DME without prior notice. I. DME may, at any time, discontinue the EnergySave Program, without prior notice. J. Payments shall be credited to the recipient's utility account with DME. II. Qualification Guidelines for Structure Incentive A. $2,000.00 per qualifying structure is offered to a builder or authorized agent. B. Builder, or authorized agent, must be enrolled in the Denton Municipal Electric EnergySave Program (Energy S ave ). C. Each home participating in the EnergySave program must be registered with DME prior to construction and must also comply with the 2000 IECC requirements relating to residential structures. D. Install a 1.5-ton or above central air conditioner or heat pump having a minimum efficiency rating of 14 SEER. E. Install minimum insulation of: R49 - ceiling (uniform application) R30 - under decking R30 - cathedral or vaulted ceiling R30 - floor R13 - wall cavity Insulation should not contact radiant barrier roof decking. F. Exterior glass must meet minimum high efficiency standards 0.4 or below - solar heat-gain coefficient 0.4 or below - U-factor G. Programmable Thermostat - EnergyStar approved H. Radiant Barrier Decking Must maintain air gap between insulation and decking I. Acceptable attic ventilation One square inch of ventilation per square foot of attic floor, or rate of air exchange of entire volume of attic air once at per minute 9 J. Structure Incentives for new homebuilders must also comply with the respective restrictions and guidelines set forth by the International Residential Code (IRC). III. General Procedllres A. Application 1. Equipment: An application for equipment incentive must be completed and sent to Denton Municipal Electric within sixty (60) days of installation of new or replacement equipment. Participating dealers have application forms and will complete these forms for the purchaser. It is the purchaser's responsibility to see that the dealer completes the form and submits it to DME. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by Denton Municipal Electric. 2. Structure Incentive: To qualify for residential structure incentives, a builder/developer or authorized agent must be registered as an authorized Denton Municipal Electric EnergySave Authorized Builder. To become a recognized EnergySave builder, applicant must complete and submit a Denton Municipal Electric Energy S ave Builder Application form to the Director of Electric Utilities. Applicants must also register as an EnergySave participant when submitting a request under this program or applying for City of Denton building permits. B. Inspections Installations of central air-conditioning systems must be permitted and will be inspected by the City's Building Inspection Department, and must be approved before rebates will be processed. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by Denton Municipal Electric. New structures will be randomly audited to insure adherence to the required energy efficient construction specifications. C. Payments to Participants 1. Equipment Retrofit (Existing residences) Cash payments will be made to the purchaser of the qualifying replacement equipment. Participating retail equipment dealers will receive a cash payment of $20 per unit for the sale of window units, central air conditioning systems, or heat pumps to offset their cost for properly filling out the applications for purchasers of retrofit equipment. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by Denton Municipal Electric. 10 2. New equipment and structure incentive Program participants are responsible for submitting the correct information. DME will not issue any additional payment unless the payment was incorrect due to a mistake in processing by a City employee. The twenty-dollar ($20.00) payments to dealers will be made only if they supply the qualifying equipment to the customer or builder who is paying for the installation of the equipment. Dealers and purchasers may be denied payment for failure to follow program guidelines such as: failing to supply correct SEER/EER figures; installing equipment which is not new; replacing part of a split system; or failure to fill out rebate forms properly. All submissions are subject to lawful verification of identification and entitlement to the EnergySave credit by DME. Payments will be made to customers who purchase and install new qualifying equipment. If a tenant purchases and installs qualifying equipment, the payment is made to the tenant. If the owner of rental property purchases and installs qualifying equipment, the payment is made to the owner. IV. Payment Schedule SEER/EER Type of 1 Jnit Rating Incentive Central Air Conditioning 14.0 + $600/unit Central Heat Pumps 14.0 + $700/unit Geothermal Heat Pump 14.0 + $700/unit Room Air Conditioners 12.0 + $50/unit Room Heat Pumps 12.0 + $50/unit 11 SCHEDULE ECA ENERGY COST ADT1JSTMENT (FICA) (Effective 10/01/05) ECA CATIC1JT/ATTON The Energy Cost Adjustment (ECA) shall be computed during the last month of each fiscal year quarter (December, March, June and September) to be applied to the quarter immediately following. The City shall in no case change the energy cost adjustment more than once in any three (3) month period. The ECA shall be calculated using the following formula: ECA == (Projected energy costs for next quarter)/(Projected KWH sales for next quarter) In the event that actual plus estimated cumulative costs of fuel, variable costs of Texas Municipal Power Agency (TMPA) energy and purchased energy (excluding TMPA's fixed charges) are greater than or less than the actual and projected ECA revenues by $500,000 or more during the next quarter, the Director of Electric Utilities or her designate shall recalculate the Energy Cost Adjustment and, with Public Utilities Board approval, may establish an ECA that collects or returns such difference over the next three-month period. Such change in ECA shall be applied evenly to each month during the three-month period. ENERGY COST ADTIJSTMENT CHARGE The Energy Cost Adjustment Charge shall be based on actual KWh consumption during the billing period. Energy Cost Adjustment Charge == KWh x Energy Cost Adjustment 12 SCHEDULE UD DTSCOl JNT RTDER FOR ST A TF, 1 JNTVER STTTES AND COT J ,F,OES (Effective 10/01/05) APPTJCATTON Service provided herein is applicable to electric service billed under the otherwise applicable tariffed rate for service supplied to a facility of a "four-year state university, upper-level institution, Texas State Technical College, or college" as provided in the Public Utility Regulatory Act of2003, Chapter 36, Subchapter H, S36.351. CRF,DTT TO MONTHT ,V RTT J, OR MONTHT ,V RA TE Per the Public Utility Regulatory Act of 2003, Chapter 36, Subchapter H, S36.351 a discount of 20% shall be applied to the base rate of the applicable rate schedule of an account. "Base Rates" are defined as the sum of the following charges: the Facility Charge, the Energy Charge and/or the Demand Charge of the applicable rate schedule. Base rates do not include recovery of fuel and purchased energy costs, including, without limitation, energy cost adjustments (the ECA rate or its successors). All other charges and calculations in the rate schedule are unchanged. 13 SCHEDULE DGR DISTRIR1JTED GENERATION FROM RENEWARIJE SOlJRCES RIDER (Effective 10/01/05) APPIJCATION This Rider is available to any retail customer receiving electric service under a City of Denton residential electric rate schedule who owns and operates an on-site generating system powered by a renewable resource capable of producing not more than 3 kW of power, and who interconnects with the City of Denton's electric system. Renewable energy technology is any technology that exclusively relies on an energy source that is naturally regenerated over a short time and derived directly or indirectly from the sun or wind. A renewable energy technology does not rely on energy resources derived from fossil fuels, waste products from fossil fuels, or waste products from inorganic sources. This Rider applies to a Customer-owned generating system that primarily offsets part or all of the Customer's electric service provided by the City of Denton. CONDITIONS OF SERVICE All charges, character of service, and terms and conditions of the City of Denton electric rate schedule under which the Customer receives service apply except as expressly altered by this Rider. The Customer shall comply with the current City of Denton technical requirements for distributed generation interconnection. The Customer shall obtain approval from the City of Denton before the Customer energizes the customer's on-site generating system or interconnects it with the City of Denton's electric system. The Customer shall submit to the City a completed interconnection application form and signed agreement. The minimum term of an agreement under this Rider is one year, extended automatically unless terminated by either party with sixty days advance written notice The Customer is responsible for the costs of interconnecting with the City of Denton's electric system, including transformers, service lines, or other equipment determined necessary by the City for safe installation and operation of the Customer's equipment with the City's system. The Customer is responsible for any costs associated with required inspections and permits. METERING Metering under this Rider shall be performed by a single meter capable of registering the flow of electricity in two directions (delivered and received) to determine the Customer's net energy flow. RATE Beginning in a billing period after a Customer receives approval to interconnect the Customer's on-site generating system from the City of Denton, if the energy delivered by the Customer's 14 approved system to the City of Denton's electric system exceeds the amount of energy delivered by the City of Denton to the Customer, the City shall credit the Customer's account for the energy generated as described below. The monthly credit, if any, is calculated as follows: Each kWh delivered from the Customer's approved system to the City of Denton's electric system in excess of the kWh delivered by the City of Denton to that Customer is multiplied by the billing period's Energy Cost Adjustment Rate. Any credit shall be applied to the utility charges due from the Customer to the City of Denton for the billing period. 15 AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Alex Pettit at 349-8595 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual maintenance for VisionAir Public Safety Software System and associated modules used for Police and Fire Department dispatching and records management available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3560 - Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of$154,449.29). FILE INFORMATION The City of Denton uses the VisionAir Public Safety Software Suite for managing all aspects of Public Safety Dispatching as well as managing the Public Safety Records of Police and Fire Departments. It is essential for the City of Denton to upkeep current maintenance with the software vendor in order to ensure availability of upgrades, software fixes, and access to knowledge and support resources. VisionAir Inc. is the sole-source vendor for maintenance for the VisionAir Public Safety Software Suite of modules. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, do not have to be competitively bid. RECOMMENDATION Award toVisionAir, Inc. in the amount of$154,449.29. PRINCIPAL PLACE OF BUSINESS VisionAir, Inc. Castle Hayne, NC ESTIMATED SCHEDULE OF PROJECT Annual Maintenance is being paid from October 1,2006 through September 30,2007. Agenda Information Sheet September 26, 2006 Page 2 FISCAL INFORMATION Funding for this item is budgeted in the FY2006-07 Technology Services operating budget account 830700.6504. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Letter Attachment 3: Cost Analysis Attachment 4: Summary of Support Calls l-AIS-File 3560 Attachment 1 ..," _ """"",""'.'_"""" '"M'''''''''''''')'. .;.lm~mnh4d04W.hm.y '<Hh~l~.. ,,-.. I , I ~~. To: Tiffany Wei VIA Fax: 940-349-8979 Software Support Prequote for Renewal From: Donna Johnson Denton Police/Fire Department, City of 601 East Hickory, Suite E Denton, TX 76205 VisionRMS, VisionCAD, Vision Mobile, VisionGeo, VisionFire Re: Software Maintenance: October 1, 2006 through September 30, 2007 MTC PLAN VPC1-7 Base CAD <75K 7 Position 24 x 7 Total VisionCAD: $38,374.27 VPR140 RMS Base Package <75K 40 Position 8xS Total VisionRM5: $15,016.21 VPJA-5 JaH Management Module 5 Position 8x5 Total Visio nJai I: $4,533.43 Job#057122 add on Jail via change order 9/12/05 Jail Management 8 Position 8x5 To ta I: $1,157.52 VMSG1C Mobile/LAN Server Switch/Access 100 Posjtion Total VisionMessage Switch: 24 x 7 $18,677,,04 VMBLA2 Mobile Base Package w/NCIC/Car- 90 Position 24 x 7 Total VisionMobile: $55,066.93 TM Software Support Prequote for Renewal VFMBLA2 Fire Mobile-Client/NCJC Access 15 Position 24 x 7 Total VisionFire Mobile: $6,044.54 VFIR20 Fire Reporting Module 20 Positron Total VisionFire: 8x5 $5,180.53 VINF2-10 Inform Base Package -Agency Host 10 Position Total Visionlnform: 8x5 $3,773.14 Add on: Job#027043 VMSG-SO 24 x 7 Mobile/LAN Server Switch/Access 41-50 Position Total VisionMobile: $6,225.68 Go To Assist Remote Connectivity Access Annual $400.00 Total Software Maintenance: $154,449.29 Please review this support renewal quote. An invoice will be generated atleast 60 days prior to the current expire date. Please advise if you have a specific invoicing reference number for th is budget allocation. This support renewal quote is provided for budgetary purposes on anticipated full year renewal. This quote is for Software contracted/purchased as of this date and does not include any other pending purchases. The software items included with a "not live" statement will be prorated to match the end date of this renewal term. Thank you for the opportunity to serve you and your community. Software Support Prequote for Renewal Thank you, Donna Johnson AceD u nts Receivable Specia rist 1-800-882-2108 ext 5166 E-Fax 801-340-9635 Maintenance Renewal Go To Assist FEE: Remote Connection Software charge for master agreement covering secure, high-speed Internet based remote connectivity software (such as Go ToAssist and Go ToMyPC)~ Annual Maintenance Options In our continuing effort to meet our clients' needs, VisionAIR will be offering the following options as add-oDs to your Annual Maintenance: Users' Conference Registration Fee Users' Conference Hotel Users' Conference Airfare Users' Conference Car Rental Training Days If your annual maintenance is DUE & PAID prior to October 4, 2006 th en these Users' Conference options will go toward the 2006 Conference. If your annual maintenance is DUE & PAID after October 4, 2006 then these U seTs; Conference options will go toward the 2007 Conference. To qualify, you must submit the following: 1 + Annual Maintenance Options Form (as soon as possible) 2. Signed Quote (which you will receive within t\vo weeks of submitting the maintenance options form) 3. Users' Conference Registration Form (once you know your attendee names) Software Support Prequote for Renewal Please Note: A 100/0 administrative fee will be added to all costs incurred with the Users' Conference, including registration fee, hotel, airfare, and car rental. NO refunds will be available for any of these options once they have been invoiced and paid. Submission of this form does NOT register you for the conference. You must still submit a conference registration form. 2005 Annual Maintenance Outions Form If you're interested in taking advantage of including any of the following costs in your Annual Maintenance, please complete this fOnTI, and submit it to Donna Johnson. She will fax/email you a new quote within two weeks. To confirm and accept the new quote, you must sign it an d fax/ email it back to Donna Johnson within thirty da ys. To confirm your Users' Conference attendance, you must submit a Conference Registration Farm once you know the names of your attendees. Fax: 801-340-9635: E ma i I: do n n a i@visionair.com. Name: Agency: Email : Phone: Fax: Software Support Prequote for Renewal 2005 Users' Conference Registration Fee; # Attendees: Users' Conference Hotel; Total # Nights for all rooms: (ex. 2 attendees in 2 separate rooms~ Sat-Thurs = 10 nights) U seTS' Conference Airfare ~ Departure City/State: Departure Date: ; Return Date: Users' Conference Car Rental Training Days The contents of this email message may be privileged and/or confidential. If you are not the intended recipient, any review, dissemination, copyingJ distribution or oth er use of th e co nte nts of th is messag e ora n y attach m e nt by yo u is strj cUy pro h i b ited. If yo u rece ive this communication in error7 please notify me immediateJy by return a-mail or by telephone (91 0-602-5166)~ and please delete this message and all attachments from your system. Thank you. Attachment 2 /"",p~,,~~<or-"'s."'I_MO"'~' // ,'^' I R@ "- July 31, 2006 Ms. Tiffany Wei Assistant to the Chief for Information Technology and Crime Analysis Denton Police Department 601 East Hickory, Suite E Denton, TX 76205 tiffa ny. wei@cityofdenton . com Dear Ms. Wei: VisionAIR is the sole source provider of support for its software that is used by the City of Denton Public Safety, Texas. VisionAIR is also a sole source provider with the VisionAIR suite of products integration with the GeoComm Mobilynx and GeoLynx software products. Please let me know if you have any questions. We appreciate your business. Warm regards, Mitzi Kincaid Senior Financial Manager PO Box 9000 1't 5601 Barbados Blvd~ m Castle Hayne, NC 28429 800~882- 2108 * 910-602-6190 #) \tvv\w~visionaiLcom <00 000 Ln 0_ 000 0""'" N~ LO~ o ('1')_ ~m 0('1') o~ N "","N 0('1') cry 00_ 00 0""'" N~ ('1')0 00 N 0_ OLO ON N~ Ng ~ 0_ OLO 0""'" N ~ ~ o 25 o o N ('I') e (]) E ..c () 2 ~ ~ o 25 Ng eN c; .~ ~~ . ~ <0_ 2~ CN (])t17 .5 ~ ~~ ~ 6 ~:s u::::o U'J -g ~ rn 0 .~ .~ ~o. (]).E ~ U'J !.... (]) ..E~ U'J (]) C () o C :s ~ ~~ Z" . co ~ E ~ ~ g ~ c..c4= :8 ~ ~ .5~ ~ U'J ~ C (]) C C O:::J<( (])~ rom $ 1'--- 4=('1') ~~ -ro :+::: E !.... .co C o .(i5 :> m ~ <0_ LO 00 N >. ~'+- rn 0 U'Je .~ (]) :0 > :::J (]) a.(]) N~ 03 .~ ~ U'J (]) .~ E C (]) 0 (]) ro U'J 0> $ "0 rn 4= Co> o rn C U'J ~ 0 .~ 03 ~ C ~ U'J .~ (]) .~ :> ~ g (]) -ro~ ~ U'J "0 C :0 :::Jaj (])-5 0 -roro ~~ 0. ~ ~ .S; ~ C ro 0 ~ rn .Q 0...U'J en ...co ro (]) ~ .Q <i .~ "0 E C ~ C :::J (]) ~ ~ U'J .2 E u (])!.... _(]) U) g -gE a.~ >() : .~ ~ ~ ; rn !.... 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AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR VISIONAIR PUBLIC SAFETY SOFTWARE SYSTEM AND ASSOCIATED MODULES USED FOR POLICE AND FIRE DEPARTMENT DISPATCHING AND RECORDS MANAGEMENT AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3560 - PURCHASE OF ANNUAL MAINTENANCE FOR VISIONAIR PUBLIC SAFETY SOFTWARE SYSTEM AWARDED TO VISIONAIR, INC. IN THE AMOUNT OF $154,449.29). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3560 VisionAir Public Safety Software System $154,449.29 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-File 3560 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Alex Pettit 349-8595 ACM: Jon Fortune II SUBJECT An Ordinance awarding a contract for the lease of desktop PC's, notebook PCs, software, peripherals, and services as awarded by the State of Texas General Services Commission, Department of Information Services (DIR Contract 02000390); providing for the expenditure of funds therefor; and providing an effective date (File Number 3582-to Dell Government Leasing & Finance in the amount of $288,711.06, the first of seven payments, for a total lease amount of $2,020,977.42). FILE INFORMATION On February 4, 2003, Council approved a master lease for a term of 36 months for 450 Dell Optiplex PCs, 50 Dell Latitude notebooks, software, and peripherals. On November 18, 2003, Council approved an addendum to this lease for an additional 172 Dell Optiplex PCs and 25 Dell Latitude notebooks. Access to the master lease was through the State of Texas General Services Commission, Department of Information Resources cooperative Purchasing Agreement. That lease was entered into with the understanding that the PC's, etc. would be returned to the supplier and new updated equipment would be ordered. This new proposed master lease is for 865 Optiplex desktop PCs (without monitors), 160 Latitude notebook PCs, software, peripherals, 33 Optiplex desktops with monitors and services. This lease is for 42 months to align equipment purchases with fiscal years. Access to this master lease is through the State of Texas General Services Commission, Department of Information Resources Cooperative Purchasing Agreement. The lease was negotiated and the purchase prices have been determined by the Department of Information Resources and meet all requirements of the State Procurement Laws. Dell Government Leasing & Finance is the selected supplier of desktop and notebook lease services for the State of Texas. Other area cities such as Garland, Irving, Dallas, Fort Worth and Arlington have taken advantage of the same State of Texas master-leasing program. The purchase price offered by Dell Computers is less than current DIR catalogue prices. This new proposed master lease agreement is entered into between Dell Government Leasing & Finance and the State of Texas acting by and through the Department of Information Resources (DIR) in behalf of state agencies, as defined in Section 2054.003 and Local Governments as defined in section 791.003, Government Code and meets all requirements of the State competitive bidding laws. Agenda Information Sheet September 26, 2006 Page 2 RECOMMENDA TION Award to Dell Government Leasing & Finance in the amount of $288,711.06 for the first of seven semi-annual payments and that the total lease for 42 months be approved in the amount of $2,020977.42. PRINCIPAL PLACE OF BUSINESS Dell Government Leasing and Finance Round Rock, Texas ESTIMATED SCHEDULE OF PROJECT: The 865 desktop PCs, 160 notebook PCs, 33 complete desktop PCs with software and peripherals, and services will be delivered in March 2007 and completed by May 2007. PRIOR ACTION/REVIEW This item was reviewed by the Audit/Finance Committee during the 2006-07 Budget discussions. FISCAL INFORMATION Funding for this item is budgeted in the FY 2006-07 Technology Services operating budget account number 830500.7802. Respectfully submitted: ~~lCLS- Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Cost Analysis Spreadsheet l-AIS-File 3582 Attachment 1 DELL GOVERNMENT LEASING AND FINANCE Lease Proposal August 29, 2006 Denton, City of Dell Government Finance specializes in providing the finest Technology Lease products and services to the Public Sector. We have designed a customized financial solution for you and are pleased to have this opportunity to present this proposal for the transaction described below: Lessee: Denton, City of Lease Rates: Lease Rates are proposed for the referenced quotations only, therefore changes in equipment pricing or configurations may invalidate this document. This proposal and rates quoted are valid for 30 days from the above date. Contracted Lease Term: 42 months Payment Structure: Semi-Annual Payments (DIR Contract 0200(390) Periodic Dell Quote financed Lease Lease Number Equipment Description Quantity Unit Cost Amount factor Payment 307186200 Optiplex Gx620 865 $1/397/770.80 $1/397/770.80 0.158060 $ 220/931.65 305713071 Latitude D620 160 $367/542.40 $367/542.40 0.158060 $ 58/093.75 305714706 Optiplex Gx620 33 $61/278.36 $61/278.36 0.158060 $ 9/685.66 TOTAL $1/826/591.56 $ 288/711.06 Sample: Lease Commence 4/1/2007 Payment 1: 5/1/2007 Payment 4: 10/1/08 Payment 7: 4/1/2010 Payment 2: 10/1/07 Payment 5: 4/1/09 Lease Term Date: 10/1/2010 Payment 3: 4/1/08 Payment 6: 10/1/09 End of Lease Options: This lease is proposed as a tax-exempt conditional sale. Title will pass to Lessee in advance. One Dell Way, RR8, Round Rock, TX 78682 DELL GOVERNMENT LEASING AND FINANCE Lease Proposal Summary of Terms and Conditions Net Lease Provisions: The lease shall be a net lease transaction providing that the lessee shall bear all expenses associated with the equipment, including those relating to maintenance, operation and third party claims. Vendor/manufacturer guarantees and warranties will be passed on to Lessee. Insurance: Lessee shall provide Lessor written confirmation of insurance coverage acceptable to Lessor, including: All-risk Physical Damage, Bodily Injury & Property Damage and an endorsement that names Lessor as an additionally insured and loss payee under all liability and property coverage. Lessee may opt, subject to prior written approval of Lessor, to self-insure the Equipment under the same risk parameters detailed above. Appropriations: For State Governments, Local Governments, and Political Subdivisions thereof, the resulting lease will contain a clause subjecting the lease to continued appropriations of necessary funds. The Lessee will covenant that it will do all things legally within its power to obtain and maintain funds from which rental payments may be made and will not give priority or parity in the application of funds for functionally similar equipment during the term of any resulting lease. Tax Exempt: Lease rates quoted within this proposal assume interest portions of each payment made by Lessee will be exempted from Lessor's Federal Income Tax. Docu mentation: Duly executed Lease or Master Lease Schedule and other documents including, but not limited to Certificates of Acceptance, Opinions of Counsel, Insurance Certificates, Essential Use Statements and UCC Financing Statements that may be applicable and are reasonably requested by Lessor. Approvals: Credit approval is conditioned upon the Lessee's compliance of all existing lease and loan agreements. Final credit approval is subject to Lessor credit committee review and reasonable expectations of continued appropriations for the equipment quoted. Lessee may be asked to provide Financial Statements as necessary for such review. Thank you for the opportunity to provide this proposal. Should you have any questions or concerns, please do not hesitate to contact us by phone or email. We look forward to filling all of your financial needs. Representative: Phone: Fax: Email: Missy Totten 866-363-3355 69096 800-391-3355 missy_totten@dell.com One Dell Way, RR8, Round Rock, TX 78682 N N N N 0 ..q ..q ~ 1"-- X 1"-- m l"- I"- 0 lO lO 0 N N N N N 0) ..q ..q 0 1"-- X 1"-- 00 l"- I"- 0 lO lO 0 N N N N N CX) ..q ..q 0 1"-- X 1"-- r:::: l"- I"- 0 lO lO 0 N ("I') 0 ~ ..q ~ lO ~ l"- I"- ("1')- N.. 1"-- N.. 0 CX) X <.0 X CX) X ("I') (0 lO <.0 CX) ~ 0 N ..q 0 N <.0 I"- 0 I"- 0 0 <.0 0 <.0 ..q i:O ..q XX lO_ X 0)_ ~ 0 ..q- N <.0 0 ("I') ("I') <.0 N N ~ ("I') lO CX) 0 CX) ..q 0 0 0 0 ("I') ~ ~-X ~-X CX) 0 ..q- 0 lO ("I') CX) N ("I') ~ ..q N C Q.) E ..c () 2 ~ UJ (u -S c.. E o () lO o ~ c Q.) E >- co 0... Q.)<.o (/J '+- co 0 ~lO C "'C 0 C "00 co C ..q<.o~ cCQ.) Q.) Q.) Co E E Q.) ~~>- c.. c.. ~ (u COO o co E-~ s.... co () Q.) ~>- 0("1') (/J Q.) ~ ro Q.) LL ~ "'C <( Q.) Co 3: 'E (f) ro :;:::; E Q.) (/J co Q.) .....J <i3 o Q) () tE 0 ~ 0 (/J 0 t; ~ .8 Q.) "'C co 0, c.. :J (/J Q.) "'C :J 13 E (/J UJ (u -S (u c.. -S E c.. 0 E () 0 CX) () lO 0) 0 0) 0 0 Q.) .!!l. <.0 <.0 (/J l"- I"- I"- Q.),+- '+- co '+- '+- '+- ro (/J 0 0 Q.) 0 0 0 U ~("I') .....J lO >- ("I') lO l"- s.... .....J"'C "'C :!:::: I"- "'C "'C "'C "m >-c C u'+- C C C c.. +-' co co Q.) 0 co co co Q.) ,*N ..q <.0 0 ~ N ..q <.0 (:t: (f) C C c ..c c c c c >- c "5:2 Q.) Q.) Q.) S Q.) Q.) Q.) Q.) ~ :c E E E 3: E E E E ro Co >- >- >- >- >- >- >- a :J co co co Q.) co co co co S 0... c.. c.. c.. Z c.. c.. c.. c.. I- ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE LEASE OF DESKTOP PC'S, NOTEBOOK PCS, SOFTWARE, PERIPHERALS, AND SERVICES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION, DEPARTMENT OF INFORMATION SERVICES (DIR CONTRACT 02000390); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE NUMBER 3582-TO DELL GOVERNMENT LEASING & FINANCE IN THE AMOUNT OF $288,711.06, THE FIRST OF SEVEN PAYMENTS, FOR A TOTAL LEASE AMOUNT OF $2,020,977.42). WHEREAS, pursuant to Resolution 92-019, the State Purchasing Building and Procurement Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the Building and Procurement Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation 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 NUMER VENDOR AMOUNT 3582 Dell Government Leasing and Finance $2,020,977.42 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 which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the 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 the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-File 3582 ~~ AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Alex Pettit at 349-8595 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of annual service access and support for the General Packet Radio Services (GPRS) wireless computer network for the Public Safety mobile computers used by City of Denton Police, Fire and EMS personnel available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3561 - Purchase of Annual Service Access and Support for General Packet Radio Services (GPRS) awarded to Cingular Wireless (formerly AT&T Wireless) in the amount of $117,289.80). FILE INFORMATION The City of Denton uses the Cingular Wireless (formerly AT&T Wireless) GPRS (General Packet Radio Services) Network to provide Public Safety MDC (Mobile Data Computer) wireless access to the City Computer Network thereby affording direct access to the Public Safety Dispatching, Mapping, and Records system of Police and Fire by providing real-time access to information of both departments. It is essential for the City of Denton to upkeep current wireless connectivity with the established vendor to assure there is no break in service or support. Cingular Wireless is the sole-source vendor for GPRS wireless connectivity in the Denton area. No other Denton area wireless access vendor offers signal coverage to the extent required by Public Safety. Cingular Wireless is the only wireless access vendor to offer Fixed IP (Internet Protocol) addressing which further enhances data security. Additionally, to consider another source would require a complete re-fit, including all modem hardware for the entire fleet at a projected cost of $850,000. Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source do not have to be competitively bid. RECOMMENDATION Award to Cingular Wireless in the amount of $11 7,289.80. PRINCIPAL PLACE OF BUSINESS Cingular Wireless Phoenix, AZ Agenda Information Sheet September 26, 2006 Page 2 ESTIMATED SCHEDULE OF PROJECT Monthly access is being paid from October 1,2006 through September 30,2007. FISCAL INFORMATION Funding for this item is budgeted in the FY 2006-07 Technology Services operating budget account 830700.7944. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Letter Attachment 3: Cost Analysis l-AIS-File 3561 Attachment 1 K:~ ..~ .:.--. :. r.. -::"" . . . .. .... .. I . . . :- ~, >:.'\~~' : ~,~ ,~y <~ 'I fi ~ ~ ti~' .-' _~ : iJ '~ ~ ~::-~~.,: ~ ~ ~ \ f~ ~ <$)- ~ ;<< .~'.~':' To: City of Denton Attn: Tiffany Wei From: Stephen Turner Government Account Executive Cingular Wireless 301 NE Loop 820 #500 Hurst TX 76053 817-359-6428 Monthlv Recurrin2 Char2e: Account # 0037122588 $69.99 per line less $10.49 discount == $59.50 per line $59.50 @ 150 lines $8925.00 Monthlv Recurrin2 Char2e: Account # 0039995532 (Frame) $399.00 per month less $59.85 discount $339.15 == net cost for 128K Frame Monthlv Recurrin2 Char2e: Frame Expansion to 256K $549.00 per month less $82.35 discount $466.65 == net cost for larger 256K Frame Each IP == $3.00 per IP / Month less 15% discount == $2.55 per IP / Month $2.55 @ 150 IP addresses == $382.50 per month Grand Total of Services: $9,646.65 / month with 128K Frame option $9,774.15 / month with expanded 256K Frame option Please let me know if you need additional information or pricing. Thanks Stephen Turner Confidential Page 1 7/19/2006 Attachment 2 cing:u la r@ WIR.ELESS G,overnment Solutions October 1, 2006 through September 30, 2007 Cingular Wireless is the sole source provider of wireless internet access compatible with the hardware utilized by the City of Denton. Stephen Turner Dtgir.ally signed b~ Stephen T1,Jmer DN: cn-Stepl1en Tumer, c=US, o:Cingular Wlrele$G" DU=GSG, email"slephen, . Mner@dnl)JlaLcom Roiasllfl: l am t10e lill.llhor of his document Date; :ilOOEi,07.{]!:i 1lli5:4 7 ..{)..5'OO' Stephen Turner Cingular Wireless Government Account Executive cry C <L> E ..c (J ~ ~ ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL SERVICE ACCESS AND SUPPORT FOR THE GENERAL PACKET RADIO SERVICES (GPRS) WIRELESS COMPUTER NETWORK FOR THE PUBLIC SAFETY MOBILE COMPUTERS USED BY CITY OF DENTON POLICE, FIRE AND EMS PERSONNEL AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3561 - PURCHASE OF ANNUAL SERVICE ACCESS AND SUPPORT FOR GENERAL PACKET RADIO SERVICES (GPRS) AWARDED TO CINGULAR WIRELESS (FORMERLY AT&T WIRELESS) IN THE AMOUNT OF $117,289.80). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3561 Cingular Wireless $117,289.80 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ~ BY: 3-0RD-File 3561 AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Alex Pettit 349-8595 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of 30 and lease purchase financing of 38 Mobile Data Computers (MDCs) for the City of Denton Police Department and lease purchase financing of 21 MDCs, 19 docking stations, and installation services for the City of Denton Fire Department 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 3564 - Purchase of Panasonic Toughbook CF-29 awarded to CDW Government, Inc. in the purchase amount of $123,450.00 and awarded to Chase Equipment Leasing in the first year lease amount of $94,625.37 for a total three year lease amount of $283,876.11. Total award amount is $407,326.11 ). FILE INFORMATION Mobile connectivity in Public Safety vehicles accessing systems using Public Safety applications is vital to perform day-to-day emergency operations. At the heart of the system is the MDCs providing the computing power needed to access these applications in the Public Safety vehicles for 24/7 emergency operations. This proposal would provide for the replacement of the existing MDCs used in Police and Fire/EMS vehicles. Panasonic is the leader in rugged laptop computers and the Toughbook series MDCs are by far superior to other "rugged" computers on the market today. They are powerful, portable, rugged, and extremely versatile. This device can take heat, cold, moisture, dust, bumps, drops, and vibration as well as operate after hours, days, and years, as dependably as when they were put in serVIce. [FIRE] Key components of the Fire MDC system involve a computer, docking station, computer battery and modems providing connectivity to the Public Safety applications. The current MDC units are reaching the end of their serviceable life. Vibration has taken a heavy toll on the connections between the MDC and the docking station as well as the battery life of the unit. Additionally, Fire & EMS safety professionals do not have the luxury of keeping their equipment in a climate- controlled area. A dirty environment of smoke and dust has contributed greatly to the deterioration of this equipment. This three-year lease covers the lease purchase of 21 Panasonic CF -29 computers, 19 docking stations, software, warranties, and installation service. Agenda Information Sheet September 26, 2006 Page 2 [POLICE] In order to provide for current and future communication needs, it is the Police Department's objective to implement replacement of the MDC units in the most cost effective manner. On average, the life cycle of a Police vehicle is 5 years. The Police Department has developed a strategic plan on the replacement of the MDC units located in the Police vehicles. The plan is to replace or add an MDC unit and any technology peripherals when a vehicle is replaced or added to the fleet. This strategy makes for a more efficient use of resources as well as less technology related conflicts in wiring and power requirements of both the car and computer. To implement this strategy, it will be necessary to purchase 30 and lease 38 MDCs. The 38 leased MDCs will be placed in vehicles that are scheduled for replacement in years 2008-10. When those leased machines are freed-up, they will be utilized for criminal investigations and officer training. This request covers the purchase of 30 new Panasonic Toughbook CF-29 computers, software, and 3-year warranty as well as a 3-year lease for 38 CF-29 computers, software, and 3-year warranty. RECOMMENDATION Award to CDW Government, Inc. in the purchase amount of $123,450.00 for 30 MDCs and award to Chase Equipment Leasing in the annual lease amount of $94,625.37 for 59 MDCs for a total lease amount of $283,876.11 PRINCIPAL PLACE OF BUSINESS CDW Government, Inc. Vernon Hills, Illinois Chase Equipment Leasing Round Rock, Texas ESTIMATED SCHEDULE OF PROJECT The installation of all MDCs and docking stations will begin October 1, 2006. PRIOR ACTION/REVIEW This item was reviewed by the Audit/Finance Committee during the 2006-07 Budget discussions. FISCAL INFORMATION Funding for this item is budgeted in the FY 2006-07 Technology Services operating budget account 830700.7802 for Police MDCs and account 320100.8416 for Fire MDCs. Agenda Information Sheet September 26, 2006 Page 3 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote for Fire MDCs Attachment 2: Quote for Police MDCs Attachment 3: Quote from Chase Equipment Leasing Attachment 4: Cost Analysis l-AIS-File 3564 Attachment 1 Page 1 e The Right TechnolDg~ Right Awa~ 1M SALES QUOTATION ~CDWG_CDm BOO-BOBw>4239 TIFFANY WEI ~ 601 E HICKORY ST STE E L l CITY OF DENTON POLICE DE~T T DENTON, TX 76205-4305 o CITY OF DENTON POLiCE DEPT ~ 601 E HICKORY ST STE E I P TIFFANY WEI: T DENTON, TX 76205-4305 o Contact: TIFFANY WEI 940-349-7816 Customer Phone I 9403497816 Customer P~O." FIRE DEPT QUOTE 21 990711 PAN TB 29 C9/1.6 80GB 512MB xpp 3725.00 78225.00 Mfg#; PNB-CF-29NAQNZBM Contract: QISV - TEXAS STATE CONTRACT 1-36-423-0110-800 CISV State Contract CISV# 1-36-423-0110-800 21 782533 PAN 512MB DDR II 400 MEMUPG-FOR CF-7 95.00 1995,,00 Kfgl : PNB-CF-WMBAS512 Contract: QISV - TEXAS STATE CONTRACT 1-36-423-0110-800 C~SV State Contract CISV# 1-36-423-01~O-800 14 718004 PAN TOUGHBOOK CAR MOUNT wI WRLS 430.00 6020.00 Mfg#: PNB-CF-WEB2732CBL Contract: QISV - TEXAS STATE CONTRACT 1-36-423-0110-8QO CISV State Contract CISV# 1-36-423-0110-800 Prices quoted are at or below C catalog prices CDWG's CDWGrs CISV # 1-36-423-01~O-800 21 470719 PAN ~OUGHBOOK NO FAULT WARR YR 1,213 230.00 4830.00 Mfg#: PNB-CF-SVCLTNF3Y Contract: QISV - TEXAS STATE CONTRACT 1-36-423-0110-800 Prices quoted are at or below CISV catalog prices CDWG1s CDWG1s CISV # 1-36-423-0110-800 BUY WlTH CONFIDENCE. CDW IS A FORTUNE 500 COMPANY. TOTAL t Continued CDW Government, Inc. 230 North Milwaukee Ave. Vernon Hills, IL 60061 Phone: 847-371-5000 Fax: 847-419-6200 Please remit pBJ'D1IY11 to,~ COW Government, toc, 75 Remittance Dn'Ve SuRe 1'515 Chicaga /L 6Q075-1515 page 2 8 The Right Technology. Right Away: ~ SALES QUOTATION www.CDWG..com 800-808-4239 TIFFANY WEI ~ 601 E HICKORY ST 8TH E L L CITY OF DENTON POLICE DEPT T DENTON, TX 76205-4305 o CITY OF DEN'TON POLICE DEPT ~ 601 E HICKORY ST STE E I P TI FFANY WEI T DENTON, TX 76205-4305 o Contact: TIFFANY WEI 940-349-7816 Customer Phone # 9403497816 Customer P.O. 11 FIRE DEPT QUOTE 1 NEW-ITEM NEW I'IEMS DO NOT PICK THIS LINE Mfgl: CDW-NEW-ITEM Contract: MARKET Installation and mounting equipment for the 5 new cars 4253.00 4253.00 FOR REGULAR NEW ITEMS; ENTER Distributor part # OR Manufacturer part # Manufacturer name Product Description Manufacturer phone number 1 NEW-ITEM NEW ITEMS DO NOT P~CK THIS LINE Mfg#: CDW-NEW-ITEM Contract: MARKET Installation and mounting equipment for the 14 existing cars 9660.00 9660~OO BUY WITH CONFIDENCE. CDW IS A FORTUNE 500 COMPANY.. TOTAL . continued COW Governmentr Inc. 230 North Milwaukee Ave. Vernon Hills~ IL 60061 Phone: 847-37~-5000 Fax: 847-4~9-6200 P/ease remit payment 10,/ COW Government Inc.. 75 Remittance Dr/ve Suite f515 Ch/cago, /L 1i0675-fSf5 Page 3 e The Right Technology. Right Awa~ '~ SALES QUOTATION www.CDWG.com 80040808-4239 TIFFANY WEI ~ 601 E HICKORY ST STE E L L CITY OF DENTON POLICE DEPT T DENTON, TX 76205-4305 o CITY OF DENTON POLICE DEPT ~ 601 E HICKORY ST STE E 1 P TIFFANY WEI T DENTON~ TX 76205-4305 o Contact: TIFFANY WEI 940-349-7816 Customer Phone:j 9403497 8J.6 Customer P~O. # FIRE DEPT QUOTE FOR REGULAR NEW ITEMS, ENTER Distributor part # OR Manufacturer part # Manufacturer name Product Description Manufacturer phone number ---.----------- INSTALL SUMMARY ----- --- -- ---- 990711 PAN TB 29 C9/1.6 SOG Qty~ 21 ** Items to be installed ** 782533 PAN 512MB DDR II 400 QTY: 21 OPERATING SYSTEM: Windo~s XP ------------ SPECIAL INSTRUCTIONS ----------- Prices quoted are at or below C catalog prices CDWG's CDWGts crsv i 1-36-423-0~10-800 SUBTOTAL FREIGHT SAL.ES TAX 104983..00 .00 ..00 BUY WITH CONFIDENCE. CDW IS A FORTUNE SOO COMPANY. TOTAL. US Currency 104,983.00 CDW Government, Inc. 230 North Milwaukee Ave. Vernon Hills, IL 60061 Phone: 847-371-5000 Fax; 847-419-6200 Please nmJit payment to.: COW Governn7enl, /nc. 75/i'emn/ance Drive Suite 1515 Ch/cag~ Il fJOIJ75-151S ~:. c. "or . Attachment 2 Page. 1 ., The Right Technology. RjghtAwa~ UI SALES QUOT A liON www.CDWG.com 800-808-4239 TIFFANY WEI ~ 601 E HICKORY ST STE E L L CITY OF DENTON POLICE OEPT T DENTON, TX 76205-4305 o Customer Phone # 9403497816 CITY OF DENTON POLrCE DEPT ~ 601 E HICKORY ST STE E I P TIFFANY WEI T DENTON~ TX 76205-4305 o Contact: TIFFANY WEI 940-349-7816 Customer P..O~' 50 FOR THE PD QUOTE 38 78.2 533 38 4707J.9 38 951.746 38 753383 PAN 512MB DDR II 400 MEMUPG-FOR CF-7 Mfg#: PNB-CF-WMBA5512 Contract: QISV - TEXAS STATE CONTRACT 1-36-423-0110-800 CISV State Contrapt CISV# 1~36-423-0110-800 95..00 3610.00 PAN TOUGHBOO~ NO FAULT WARR YR 1,2,3 Mfg#: PNB-CF-SVCLTNF3Y Contract: gISV - TEXAS STATE CONTRACT 1-36-423-0~~O-800 CISV State Contract CISV# 1-36-423-0110-800 225.00 8550..00 PAN TB 29 C9/1..6 80GB 512MB NCD XPP Mfg#: PNB-CF-29NAQGZBM Contract: QISV - TEXAS STATE CONTRACT 1-36-423-0110-800 C~SV State Contract CiSV# 1-36-423-0110-800 3715.00 14~170.00 LEDCO CHARGE GUARD Mfg#: LAW-CG 80.00 3040.00 -------------- INSTALL SUMMARY -------~------ 95~746 PAN TB 29 C9/1~6 SOG Qty: 38 ** Items to be installed ** 782533 PAN 512MB DDR II 400 QTY: 38 OPERATING SYSTEM: Windows XP ------------ SPECIAL INSTROCTIONS TOTAL . BUY WITH CONFIDENCE. CDW IS A FORTUNE 500 COMPANY_ Continued CDW Government, Inc. 230 North Milwaukee AVe.. Vernon Hillsl IL 60061 Phone: 847-371-5000 Fax; 847-419-6200 Please remft payment to.." COW Government, me 75 Rem/tt;Jnce Drive Suite 1515 Ch.icago, IL 60675.1515' y.~-': Page .2 S The Right TechnolD/n Right Awa~ 1M SALES QUOTATION ~CDWG.com 8OIJ..80B-4239 TIFFANY WEI ~ 601 E HICKORY ST STE IS L L CITY OF DENTON POLICE DEPT T DENTON1 XX 76205-4305 o CITY OF DENTON POLICE DEPT ~ 601 E HICKORY ST STE E I P TIFFANY WEI T DENTON, TX 76205-4305 o Contact: TIFFANY WEI 940-349-7816 Customer Phone # 94034978J.6 Customer P..O. # 50 FOR THE PD QUOTE ~rices quoted are at o~ be20w CISV catalog prices CDWG1s CDWGls CISV # 1-36-423-01~O-800 SUBTOTAL FREIGHT SALES TAX 156370.00 ..00 .00 BUY WITH CONFIDENCE. CDW IS A FORTUNE 500 COMPANY. TOTAL. us Currency ~56,370.00 CDW Government, Inc. 230 North Milwaukee Ave. Vernon Hills~ IL 60061 Phone; 847-371-5000 Fax: 847-419-6200 Please rem/r payment to,:~ COW Government /n~ 75 Hem/nanee Drive Suite 1515 Ch/ca!14/L IiOG75-1515 Page 1 · The Right Technolog~ RigbtAwa~ 1M SALES QUOTATION ~CDWG..com 800-808..4239 TIFFANY WEI ~ 601 E HICKORY S-T STE E L L CITY OF DENTON POLICE DEPT T DENTONT TX 76205-4305 o C:I'rY OF DENTON POLICE DEPT ~ 601 E HICKORY ST STE E I P TIFFANY WEI T DENTON, TX 76205-4305 o Contact: TIFFANY WEI 940-349-7816 Customer Phone I 9403497816 Customer P.O. '# POLICE DEPT 30 QUOTE 30 782533 30 47071.9 30 95~746 30 763383 PAN 512MB DDR II 400 MEMDPG-FOR CF-7 Mfg#: PNB-CF-WMBAS512 Contract: QISV - TEXAS S~ATE CONTRACT 1-36-423-0110-800 CISV State Contract ClSVi 1-36-423-0110-800 95.00 2850.00 PAN TOUGHBOOK NO FAULT WARR YR 1,2,3 Mfgl: PNB-CF-SVCL~NF3Y Contract: QISV - ~EXAS STATE CONTRACT 1-36-423-0110-800 CISV State Contract CISV# 1-36-423-0110-BOO 225.00 6750.00 PAN 'rB 29 C9/1.6 80GB 512MB NCD XPP Mfg#: PNB-CF-29NAQGZBM Contract: QISV - TEXAS STATE CONTRACT 1-36-423-0110-800 CISV State Contract CISV# 1-36-423-0110-800 3715,,00 111450.00 LEDCO CHARGE GUARD Mfg#: LAW-CG 80.00 2400,,00 -----------~-- INSTALL SUMMARY -------------- 951746 PAN TB 29 C9/1.6 BOG Qty: 30 ** Items to be installed ** 782533 PAN 5k2MB DDR II 400 QTY: 30 OPERATING SYSTE1(: Windows XP ------------ SPECIAL INSTRUCTIONS TOTAL . BUY WITH CONFIDENCE. CDW IS A FORTUNE 500 COMPANY. Continued COW Gove~entl Inc. 230 North Milwaukee Ave. Vernon Hills, IL 60061 Phone: 847-371-5000 Fax: 847-419-6200 Please remit payment to.: COW Governmen(, /nc.. 7$ Remittance lHfV'e Suite 151S Chicago, IL 60$7S,IS15 Page 2 8 The Right TechnDlog~ Right Away, 1M SALES QUOTATION www.CDWG.com .800-808...4239 TIFFANY WEI ~ 601 E HICKORY ST STE E L L CITY OF D~ON POLICE DEFT T DENTON, TX 76205-4305 o CITY OF DENTON POLICE DEPT ~ 601 E HICKORY ST STE E I P TIFFANY WE:I T D~ON, TX 76205-4305 o Contactl TIFFANY WEI 940-349-7816 Customer Phone # 9-403497816 Customer P.O. # POLICE DEPT 30 QUOTE Prices quoted are at or below CISV catalog prices CDWG1s CDWG's CISV I 1-36-423-0110-800 SUBTOTAL FREIGHT SALES TAX ~234S0+00 .00 ..00 BUY WITH CONFIDENCE. CDW IS A FORTUNE 500 COMPANY. TOTAL t us Currency 1231450.QO CDW Government, Inc. 230 North Milwaukee Ave. Vgrnon Hills, IL 60061 Phone: 847-371-5000 Fax: 847-419-6200 P/ei1lse remj/ payment/o.: COW Government, Inc~ 75 Remittance Orjve Suite 1515 Chic.:Jgo, IL 60675-1515 Attachment 3 8111 Preston Road Dallas, Texas 75225 o CHASE September 11, 2006 Mrl Tom D. Shaw, C.P.M. Purchasing Agent City of Denton 901 B Texas Street Denton, TX 76201 RE: Tax-exempt lease-Purchase Proposal Dear Mr. Shaw: Chase Eq u i pment Leasi ng Inc. C'CELln), and Ban k One, collectively J P Morga n Chase & Co., for itself, its successors, and assigns, is pleased to submit this financing proposal to the City of Denton (the \\ Lessee"). This letter is a proposaJ only a nd is contingent u pan the Lessee's compUance with the requirements of the Internal Revenue Code of 1986/ as amended, and aU applicable state laws related to Lessee/s ability to enter into a tax-exempt 'ease-purchase financing for the intended purposes. The terms and provisions of this financing are subject to credit and business approval in accordance with JP Morgan Chase & Co's internal procedures, as well as certain conditjons set forth below: TRANSACTION: Fjxed-rate, fully amortizing, privately placed tax- exempt lease-purchase agreement ("Agreementlf) with $1.00 buyout at end of term. LESSEE: City of Denton, TX LESSOR: Chase Equipment Leasing Inc~ ESTIMATED FINANCING AMOUNT: $261,353.00 BANK QUALIFIED: This proposal assumes that Lessee will not issue less than $10 million in tax-exempt obligations th;s calendar year and that the Lessee will designate this lease as a "non-qualified" tax-exempt obligation. USE OF PROCEEDS/TITLE: To finance the acquisition of Police Department and Fire Department MDC/s and docking stations, the legar titles of which, if applicable, shall vest in the Lessee during the term of the Agreement. SECURITY: CELl shall obtain a lien on the financed equfpment. The Agreement shall be subject to annual appropriation. EXPECTED FINANCING TERM: Three (3) Years PAYMENT MODE/FREQUENCY: 1. Payments shall be made annually in arrears. 2. Payments shall be made semiannually in arrears. PROPOSED INTEREST RATE: 4.250/0 City of Denton September 11~ 2006 Page 2 PROPOSED LEASE PAYMENTS: 1. Three (3) payments of $94,625.37 2. Six (6) payments of $46,855.27 INTEREST RATE LOCK: The above proposed Interest Rate and Financing Payments are valid through and including September 26, 2006. If bid acceptance not occur on or before such date, the proposed interest rate and fjnancing payments are subject to adjustment to reflect changes in market conditions. DOCUMENTATION: CELL or its counsel shall prepare Documentation. PROPOSAL EXPIRATION: This proposal will expire if bid acceptance does not occur by September 26, 2006. If acceptance has not occurred by this date, the Financing Rate and Payment Amounts will be adjusted according to market conditions. We appreciate your rnterest in Chase Equipment Leasing Inc. and look forward to your favorable response. Should you have any questions regarding this proposal or need additional informationl pfease contact me at 614/213-9561 or via email atjohn.pelzer@chase.com. Sincerely f Chase Equipment Leasing Inc. John Pelzer Leasing Inside Sales T""" T""" 25 T""" a N a T""" m a a N 0) a co a a N co a r:::: a a N I"- a <D a a N a L{) ~- ('I') N T""" ~ c Q) E ..c o jg ~ u:i Q) ~ ..c ~ ~ Q):.= .= 0 u.a.. Q) Q) c ~~ Q)~cc t:a ::::Jaenen ONI"-CO ~G:~~ ~06~~ o (0 c c ~a~~ a. a !.... !.... Q) N ::::J ::::J !.... >- 0 0 ou. Q) Q) :; .~ ~ ~ Q) "'0 0) 0) ~ Q) .~ .~ -5~~~ ~~~~ a. ::::J !.... !.... Q) a. Q) Q) ..oen..o..o = Q) c .~ ~ .~ .~ 2~~~~ . .9- N > N N ~ t;u.Q)u.u.u enU~UUi: ~g~N~~ a (0 L{) I"- ~_ co ('I') ('I') N co T""" N Q) ~ c en co N U. U Q) ro $ "'0 ro I Q) .~ "0 a.. 0) N U. U .~ c o en ro c ro a.. "'0 Q) en ro ..c e ::::J a. a ('I') ~ u: "'0 c ro Q) .~ "0 a.. ..- -- Q) 0) .= N~ U. en U c o 0 .c ~ 0-.. en en ro 0) c c ro .- a..-t5 "'0 0 Q)"'O en 0) ~T""" - "'0 0) C L{) ro L{) N (0- ~ 0) L{) N (0 ~ 0) L{) N (0 ~- 0) 0) c .0 .C a. Q) > ~ ill a. E o o en ro ..c <.9 S o U cJ c en .~ c.. a. ::::J en ill -S a. E o U 06 c o ..0 ..0 (i: C ~ ::::J <( "'0 C ro !.... o 1:5 Q) en .~ :n ::::J a.. ~ 0) .m c ~ .~ Q) 15 ::::J 0- Q) o .~ Q) ..c c-" 0"'0 :;::; Q) ro !.... c ro ro a. c..E x 0 WU ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF 30 AND LEASE PURCHASE FINANCING OF 38 MOBILE DATA COMPUTERS (MDCS) FOR THE CITY OF DENTON POLICE DEPARTMENT AND LEASE PURCHASE FINANCING OF 21 MDCS, 19 DOCKING STATIONS, AND INSTALLATION SERVICES FOR THE CITY OF DENTON FIRE DEPARTMENT 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 3564 - PURCHASE OF PANASONIC TOUGHBOOK CF-29 AWARDED TO CDW GOVERNMENT, INC. IN THE PURCHASE AMOUNT OF $123,450.00 AND AWARDED TO CHASE EQUIPMENT LEASING IN THE FIRST YEAR LEASE AMOUNT OF $94,625.37 FOR A TOTAL THREE YEAR LEASE AMOUNT OF $283,876.11. TOTAL AWARD AMOUNT IS $407,326.11). WHEREAS, In the 2005-2006 budget process the City Council authorized the purchase of Mobile Data Computers from the to be determined lowest responsible bidders pursuant to Chapter 252 of the Texas Local Government Code in the estimated principal sum of $94,625.37 per year for 3 years; and WHEREAS, Section 271.005(c) of the Local Government Code authorizes the City council, in its discretion, to contract for the financing of personal property; and WHEREAS, the City Council finds that the herein authorized financing of the budgeted equipment through a lease purchase agreement with Chase Equipment Leasing is appropriate and in the public interest; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be expended for the herein authorized lease purchase agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby authorizes a lease purchase agreement to finance the acquisition of Mobil Data Computers with Chase Equipment Leasing, said agreement providing for a financed amount of $407,326.11, having three annual payments of approximately $94,625.37 with an effective rate of not to exceed 4.25%. SECTION 2. The City Manager, or the Purchasing Agent as his designee, is authorized to enter into a lease purchase agreement on behalf of the City in accordance with the terms set forth in Section 1 and to expend the funds provided for in Section 1. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY ~~~-File 3564 day of , 2006. PERRY R. McNEILL, MAYOR AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Tax ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue; and providing an effective date BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a one-year term beginning January 1,2007 through midnight December 31,2007. Allocations are dependent upon requests for funding as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the Council during the Council work session on August 2, 2006. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $629,000 for FY 2006-07 and has been included in the Annual Program of Services. EXHIBITS Letter to Music Theatre of Denton Ordinance Contract Respectfully submitted: "." ~:;'r _ ,-- ~. . I . ~ . . ~ ,1 ~ X. ~ ~ Jon Fortune Assistant City Manager 601 E. Hickory St., Ste. G * Denton, Texas 76205 Telephone (940) 349-8206 * DFW Metro (972) 434-2529 FAX (940) 349-7817 randee.klingele@Cityofdenton.com TREASURY DEPARTMENT July 3, 2006 Music Theatre of Denton Adam Reese 1334 Travis Denton, TX 76201 Dear H.O.T. Applicant: The Hotel Occupancy Tax Committee convened on June 12, 2006 to review the Program Year 2007's applications and available funding. The committee's H.O.T. recommendation to the Council will be made during the City's budget workshop sessions. The committee is recommending the Theatre receive $4,000 in advertising funds that will be held in the Convention and Visitor Bureau's (CVB) budget. During the Program Year 2007 your organization will not have a contract with the City but will be cooperating with the CVB's Vice President, Kim Phillips, in regards to expending $4,000 in advertising. Mrs. Phillips contact information is: Telephone: 382-7895 Fax: 382-6287 Email: cvb@discoverdenton.com The CVB will work cooperatively with you to promote your 2007 events in the most appropriate markets. The program year and funding does not begin until January 2007 so you will need to set up a meeting with Mrs. Phillips toward the end of 2006 to strategically plan the upcoming year. If you have any questions please give me a call at the number provided. Sincerely, Randee Klingele Treasury Services Administrator Cc Terry Nobles Kim Phillips Dedicated to Quality Service L:\Our Documents\Ordinances\06\H01\chamber ord.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MA YOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION AND VISITOR BUREAU) FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Mayor is hereby authorized to execute an agreement between the City of Denton and the Denton Chamber of Commerce (Convention and Visitor Bureau) for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL .FORM: EDWIN M. _SNYDER, CITY ATTORNEY. .) /// ? /"' BY: ---------"- AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE (CONVENTION & VISITOR BUREAU) (pY 2007) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY"), and the Denton Chamber of Commerce (Convention & Visitor Bureau), a non-profit corporation incorporated under the laws of the State of Texas (the "BUREAU"): WHEREAS, TEX. TAX CODE 9351.002 authorizes CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the City of Denton of seven percent (7%); and WHEREAS, TEX. TAX CODE ~351.l0l(a) authorizes CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its'vicinity; and WHEREAS, BUREAU is well equipped to perform those activities through its Denton Convention and Visitor's Bureau; and WHEREAS, TEx. TAX CODE 9351.101(c) authorizes CITY to delegate by contract with BUREAU, as an independent entity, the management and supervision of programs and activities of the type described hereinabove funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, CITY and BUREAU agree and contract as follows: I. HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and in consideration of the activities to be performed by BUREAU under this Agreement, CITY agrees to pay to BUREAU a portion of the hotel tax revenue collected by CITY at the rates and in the manner specified herein (such payments by CITY to BUREAU sometimes herein referred to as the "agreed payinents" or "hotel tax funds"). 1.2 Amount of Payments. (a) meamngs: As used in this Agreement, the following terms shall have the following specific (i) The term "hotel tax revenue" shall mean the gross monies collected and received by CITY as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Texas Tax Code 9351.002 and City Ordinance. Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. CVB PY200? HOT Fund Contract -- Page 1 (ii) The term "Collection period" will mean the collection period for CITY's fiscal year. It will include hotel tax revenue due to CITY for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year. (iii) The term "base payment amount" shall mean a net amount of money equal to the total hotel tax revenue collected by CITY during any relevant period of time (i.e., fiscal year or fiscal quarter), less: (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers (attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers); and (2) court costs and other expenses incurred in litigation against or auditing of such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this Afeement is in force. Contract quarters will end on March 31 st, June 30th, September 30 , and December 31 8t of e3;ch contract year. (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, CITY shall pay to BUREAU an amount of money in each contract year equal to the lesser amount of Forty Nine and Thirty Four One Hundredths percent (49.34%) of the annual base payment amount or the fixed contract amount of Six Hundred Twenty Nine Thousand Dollars ($629,000). This amount will be divided into quarterly payments equal to 25% of the annual fixed contract amount, unless CITY can show with reasonable certainty that the annual base payment amount will be less than-,originally estimated for the fiscal year. The fourth quarterly payment will represent 25% of the fixed contract amount or the unpaid remainder of 49.34% of the base payment amount, which~ver is less. Each quarterly payment is subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports. 1.3 Dates of Payments. (a) The term "quarterly payments" shall mean payments by CITY to BUREAU of those amounts specified in ~1.2, above, as detenninedby the hotel tax revenue collected. (b) Each quarterly payment shall be paid upon receipt of the required reports and after the 25th day following the last day of the contract quarter. If the quarterly financial report is not received within thirty (30) days of the end of the applicable contract quarter, the recipient may be held in breach of this Agreement. CITY may withhold the quarterly payment(s) until the appropriate reports are received and approved, which approval shall not be unreasonably withheld. 1.4 Other limitations regarding consideration. (a) The funding of this project in no way commits CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of BUREAU. CVB PY200? HOT- Fund Contract -- Page 2 (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of CITY. (c) CITY may withhold further allocations if CITY determines that BUREAU's expenditures deviate materially from their apprqved budget. II. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration;: of the payment by CITY to BUREAU of the agreed payments of hotel tax funds specified above, BUREAU agrees to u-se such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity as authorized by TEx. TAX CODE S351.101(a). Funds for any calendar year which are unused by midnight December 31st of that year shall be refunded to CITY within sixty (60) days. 2.2 Administrative Costs. The hotel tax funds received from CITY by BUREAU may be spent for day-to-day operations, office supplies, salaries, travel expenses and other administrative costs allowed by TEx. TAX CODE S351.101(f), only if each are directly attributable to work on programs, which promote tourism and the hotel and convention industry, and if each promotes at least one of the six statutory purposes enumerated within TEX. TAX CODE ~351.101(a). 2.3 Specific Restrictions on Use of Funds. (a) BUREAU agrees to demonstrate strict compliance with the record keeping and apportionment limitations imposed by TEx. TAX CODE ~351.101(f) and 9351.108 (c) and (d). BUREAU shall not utilize hotel tax funds fo~ any expenditure which has not been specifically documented to satisfy the purposes set forth in -,r~2.1 and 2.2 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. III. RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) BUREAU shall prepare and sub:mit to the City Manager of CITY an annual budget (see Exhibit "A") as approved by the City Council for each calendar year, for such operations of BUREAU funded by hotel tax revenue. This budget shall specifically identify proposed expenditures of hotel tax funds by BUREAU. In other words, CITY should be able to audit specifically the purpose of each individual expenditure of hotel tax funds from the separate account relating to hotel tax funds. CITY shall not pay to BUREAU any hotel tax. revenues as set forth in Section I of this contract during any program year of this Agreement unless a budget for such respective program year has been approved in ~ting by the Denton City Council authorizing the expenditure of funds. Failure to submit an anriual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 4.2. CVB PY2007 HOT Fund Contract -- Page 3 (b) BUREAU acknowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in BUREAU with respect to the hotel tax funds paid by CITY to BUREAU under this Agreement. BUREAU shall expend hotel tax funds only in the manner and for the purposes specified in this Agreement, TEX. TAX CODE 9351.101(a), and in the budget as approved by CITY. 3.2 Separate Accounts. BUREAU shall maintain any hotel tax funds paid to BUREAU by CITY in a separate checking account or with segregated fund accounting, such that any reasonable person can review the revenue source of any given expenditure. 3.3 Financial Records. BUREAU shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by BUREAU. These funds shall be classified as restricted funds for audited financial purposes, and may not be used for contracted services, including, but not limited to, auditing fees and attorney fees. Upon reasonable advance written request of the Denton City Council, the City Manager or designate, or any other person, BUREAU shall make such financial records available for inspection and review by the party making the request BUREAU understands and accepts that all such fmancial records, and any other records relating to this Agreement shall be subject to the Public Information Act, TEX. Gov'T CODE, ch. 552, as hereafter amended. 3.4 Quarterly Reports. After initial receipt of the hotel tax funds, and within thirty days after the end of every contract quarter, BUREAU shall furnish to CITY: (1) a completed fmancial report, (2) a list of the expenditures made or copies of~he invoice or receipts with regard to hotel tax funds pursuant to TEX. TAX CODE 9351.101(c), and (3) a copy of all fmancial records (e.g., copies affront and back cleared checks or bank statements, and other relevant documentation). BUREAU shall prepare and deliver all reports in a form and manner approved by the City Manager or designate. BUREAU shall respond promptly to any reque~t from the City Manager of CITY, or designate, for additional information relating to the activities performed under this Agreement. 3.5 Notice of Meetings. BUREAU shall give the City Manager of CITY, or his designate, reasonable advance written notice of the time and place of all meetings of BUREAU's Board of Directors, as well as any other meeting of any constituency of BUREAU at which this Agreement or any matter subject to this Agreement shall be considered. IV. TERM AND TERMINATION 401 Term. The term of this Agreement shall commence on January 1, 2007 and terminate at midnight on January 31, 2008. However, the program period shall commence on January 1, 2007 and terminate at midnight on December 31, 2007. Only those expenditures authorized by Chapter 351 of the Texas Tax Code and the program:guidelines, which are actually incurred during the program period, for events and activities takins; place within the program period, are eligible for funding under this agreement, and any ineligible expenditures or unspent funds shall be forfeited to CITY upon termination of the Agreement. CVB PY2007 HOT Fund Contract -- Page 4 4.2 Termination Without Cause. (a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. (b) In the event this contract is tenninated by either party pursuant to Section 4.2(a), CITY agrees to reimburse BUREAU for any contractual obligations of BUREAU undertaken by BUREAU in satisfactory performance of those activities specified in ~~2.1 and 2.2 above and that were approved by the Council through the budget, as noted in ~3 .1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in -,r,Z.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of CITY to reimburse BUREAU or to assume the performance of any contractual obligations of BUREAU for or under any contract entered into by BUREAU as contemplated herein shall not exceed 66 2/3% of the current quarterly payment. (c) Further, upon termination pursuant to ~4.2(a), BUREAU will provide CITY: 1) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract termination. This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days and the budget does not contain any expenditures that would be prphibited by the Texas Tax Code, and is within the current contractual period approved budget; the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by CITY; 3) Within 5 business days of a request from CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on the day of termination. BUREAU will be obligated to return any unused funds or funds determined to be used improperly. Any use of remaining funds by BUREAU after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in 2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 4.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events: (a) The termination of the legal existence of BUREAU; (b) The insolvency of BUREAU, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignment by BUREAU for the benefit of creditors; ( c) The continuation of a breach of any of the terms or conditions of this Agreement by either CITY or BUREAU for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or CVB PY2007 HOT Fund Contract -- Page 5 (d) The failure of BUREAU to submit a financial quarterly report which complies with the reporting procedures required herein and generally accepted accounting principles prior to the beginning of the next contract term, or quarterly. as required by Section 1.3 hereof. 4.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages mid to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person-has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4.5 In the event that this Agreement is terminated pursuant to "4.3 or 4.4, BUREAU agrees to refund any and all unused funds, or funds determined by CITY to have been used improperly, within 30 days after termination of this Agreement. v. GENERAL PROVISIONS 5.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by BUREAU with another private entity, person, or organization for the performance of those services described in ~2.1 above. In the event that BUREAU enters into any arrangement, contractual or othelWise, with such other entity, person or organization, BUREAU shall cause such other ~ntity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and qonditions of this Agreement and to TEx. TAX COD~ ch. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. BUREAU shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of CITY. BUREAU shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations performing the same and BUREAU shall be solely responsible for the acts and omissions'- of its directors, officers, employees, agents, and subcontractors. BUREAU shall not be considered a partner or joint venturer with CITY, nor shall BUREAU be considered nor in any manner hold itself out as an agent or official representative of CITY. 5.3 Indemnification. BUREAU AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENT~, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR~INJURIES, DAMAGE, LOSS, OR LIABILITY OF WHATEVER KIND OR CHARACTE:Jl, ARISING OUT OF OR IN CONNECTION WITH TIlE PERFORMANCE BY BUREAU OF THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF BUREAU, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES. CVB PY2007 HOT Fund Contract -- Page 6 5.4 Assignment. BUREAU shall not assign this Agreement without first obtaining the written consent of CITY. 5.5 Notice. Any notice required to be giveJ;l under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CITY BUREAU City of Denton 215 E. McKinney Denton, TX 76201 Denton Chamber of Commerce Denton Convention & Visitor Bureau Kim Phillips Vice President P.o. Box 1719 Denton, Texas 76202 5.6 Inurement. This Agreement and each provision hereof: and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of CITY and BUREAU and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the ~harter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exclusive Agreement. This AgreemeJ).t contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail notwithstanding any variance in this Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 5.9 Duplicate Originalse This Agreement i~ executed in duplicate originals. 5.10 Headings. The headings and subheadP1gs of the various sections and paragraphs of this Agreement are inserted merely for the purpose of convenience and do not express or imply any limitation, definition, or extension of the specifi? terms of the section and paragraph so designated. 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. CVB PY2007 HOT Fund Contract -- Page 7 5.12 Insurance. BUREAU shall, at a minimum, provide insmance as follows: 1. $500,000 Commercial General Liability, or $1,000,000 Event Insurance, covering all events taking place on City-oWned property 2. Statutory Workers' Compensation and Employers' Liability ($100,000/$500,000/$100,000) 3. $250,000 LiquorJDram Shop Liability for any event occurring on City-owned property where alcohol will be provided or served 4. $500,000 Business Automobile Liability on any owned, non-owned or hired vehicles CITY must be named as an additional insured on all policies (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by CITY. EXECUTED this ~ day of , 2006. THE CITY OF DENTON, TEXAS By: PERRY R McNElLL, MAYOR .//....-- ~ .---- ATTEST: APPROVED AS TO By: JENNIFER WALTERS, CITY SECRETARY DENTON CHA1\.1BBR CO:MMERCE By:L h.~~ President ATTEST: APPROVED AS TO LEGAL FORM: By: By: Secretary eVB PY2007 HOT Fund Contract -.. Page 8 Denton Chamber of Commerce Convention and Visitor Bureau Exhibt A PY2007 Budget Request Advertising Print Advertising Music Theatre of Denton Tourism Promotion Material Broch u res Travel & Trade Shows Tourism Services Special Project "Event" Magazine Distribution dentonlive.com dentonlive annual hosting T atal Advertising $66l400 $4.000 18,000 11,000 8,000 17.000 2.000 106,000 6,000 1 G,DOO 31600 $252,000 Administration (eVB) Salaries & Benefits Liability Insurance Travel & Training Computer EquipmenUSrvc Copy Machine Warehouse Storage Rental Office Supplies Telephone Memberships Printing Postag e Offi ce Rent Total Administration $142.440 700 6,000 6,000 1,100 800 5,000 9,000 2,500 1,000 4,500 14,055 $193,095 Sports Advertising Convention I Trade Show Print Advertising T ota I Sports Advertisi ng $10.650 2,000 $12,650 Sports Administration Manager Salary & Benefits Postage Travel & Training Memberships Printing Total Sports Administration $63,400 1,000 6,600 1,500 2,000 $74,500 Convention & Group Advertising Print Missions Trade Shows Total C&G Advertising $151000 191000 5,000 $39,000 Convention & Group Administration Salary Travel & Training Memberships Printing $52,295 2,700 2,260 500 $57,755 TOTAL REQUEST $629,000 AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Tax ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue; and providing an effective date. BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a one-year term beginning January 1,2007 through midnight December 31,2007. Allocations are dependent upon requests for funding as well as availability of revenues. PRIOR ACTION/REVIEW The Hotel Occupancy Tax Committee reviewed all budget applications and recommended allocations to the Council during the Council work session on August 2, 2006. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $125,000 for FY 2006-07 and has been included in the Annual Program of Services. EXHIBITS Ordinance Contract Respectfully submitted: ,.~ ~ r. . ~ . " .. ~ ~_. - '" ,- ~\ . . . Jon Fortune Assistant City Manager L:\Our Documents\Ordinances\06\H01\GDAC ord.doc ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MA YOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Mayor is hereby authorized to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION 2. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SN I.rt'\~~#"''''' /-// //# / / 1/""\ / ;. AGREEMENT BETWEEN THE CITY OF DENTON AND THE GREATER DENTON ARTS COUNCIL (pY2007) PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE THIS AGREEMENT made between the City of Denton, Texas, a municipal corporation (the "CITY"), and the Greater Denton Arts Council, a non-profit corporation incorporated under the laws of the State of Texas (the "GDAC"): WHEREAS, TEX. TAX CODE 9351.002 authorizes CITY to levy by ordinance a municipal hotel occupancy tax ("hotel tax") not exceeding seven percent (7%) of the consideration paid by a hotel occupant; and WHEREAS, by ordinance, CITY has provided for the assessment and collection of a municipal hotel occupancy tax in the city of Denton of seven percent (7%); and WHEREAS, TEX. TAX CODE 9351.101(a) authorizes CITY to use revenue from its municipal hotel occupancy tax to promote tourism and the convention and hotel industry by advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; and WHEREAS, GDAC is well equipped to perform those activities; and WHEREAS, TEX. TAX CODE 9351.101(c) authorizes CITY to delegate by contract with GDAC; as an independent entity, the management and supervision of programs and activities of the type described hereinabov~ funded with revenue from the municipal hotel occupancy tax; NOW, THEREFORE, in consideration of the performance of the mutual covenants and promises contained herein, CITY and GDAC agree and contract as follows: I. HOTEL TAX REVENUE PAYMENT 1.1 Consideration. For and in consideration of the activities to be performed by GDAC under this Agreement, CITY agrees to pay to GDAC a portion of the hotel tax revenue collected by CITY at the rates and in the manner specified herein (such payments by CITY to GDAC sometimes herein referred to as the "agreed payments" or "hotel tax funds"). 1.2 Amount of Payments. (a) As used in this Agreement, the following terms shall have the following specific meanings: (i) The term "hotel tax revenue" shall mean the gross monies collected and received by CITY as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a room in a hotel, pursuant to Texas Tax Code 9351.002 and City Ordinance. Hotel tax revenue will include penalty and interest related to the late payments of the tax revenue by the taxpayer. GDAC PY2007 HOT Funds Contract - Page 1 (ii) The term "Collection period" will mean the collection period for CITY's fiscal year. It will include hotel tax revenue due to CITY for the relevant fiscal year and collected through the 22nd day of the month following the close of the relevant fiscal year. (iii) The term "base paynient amount" shall mean a net amount of money equal to the total hotel tax revenue collected by CITY during any relevant period of time (i.e., fiscal year or fiscal quarter), less: (1) attorney and auditing costs incurred during such relevant period of time for costs of collection or auditing of hotel taxpayers (attorney and auditing costs include fees paid to attorneys or agents not in the regular employ of CITY for which attorneys or agents effect compliance or collection of the hotel tax from taxpayers); and (2) court costs and other expenses incurred in litigation against, or auditing 04 such taxpayers. (iv) The term "contract quarter" shall refer to any quarter of the calendar year in which this Agreement is in force. Contract quarters will end on March 31 st, June 30th, September 30th, and December 31 st of each contract year. (b) In return for satisfactory performance of the activities set forth in this Agreement and all attachments hereto, CITY shall pay to GDAC an amount of money in each contract year equal to the lesser amount of: Nine and Eighty One Hundredths percent (9.80%) of the annual base payment amount, or the fixed contract amount of One Hundred Twenty Five Thousand Dollars ($125,000). This amount will be divided into quarterly payments equal to 25% of the annual fixed contract amount, unless CITY can show with reasonable certainty that the annual base paynient amount will be less than originally estimated for the fiscal year. Th,e fourth quarterly paynient will represent 25% of the fixed contract amount or the unpaid remainder of 9.80% of the base payment amount, whichever is less. Each quarterly paynient is subject to receipt of unused funds from the prior contract period and the receipt of the required quarterly reports. 1.3 Dates of Payments. (a) The term "quarterly paynients" shall mean paynients by CITY to GDAC of those amounts specified in ~1.2, above, as determined by the hotel tax revenue collected. (b) Each quarterly paynient shall be paid upon receipt of the required reports, and after the 25th day following the last day of the contract quarter. If the quarterly financial report is not received within thirty (30) days of the end of the applicable contract quarter, the recipient may be held in breach of this :Agreement. CITY may withhold the quarterly paynient(s) until the appropriate reports are received and approved, which approval shall not be unreasonably withheld. GDAC PY2007 HOT Funds Contract - Page 2 1.4 Other limitations regarding consideration. (a) The funding of this project in no way commits CITY to future funding of this program beyond the current contract period. Any future funding is solely the responsibility of GDAC. (b) It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of CITY. (c) CITY may withhold further allocations if CITY determines that GDAC's expenditures deviate materially from their approved budget. II. USE OF HOTEL TAX REVENUE 2.1 Use of Funds. For and in consideration of the payment by CITY to GDAC of the agreed payments of hotel tax funds specified above, GDAC agrees to use such hotel tax funds only for advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity and by the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms. Funds for any calendar year which are unused by midnight December 31 st of that year shall be refunded to CITY within sixty (60) days. 2.2 Administrative Costs. The hotel tax funds received from CITY by GDAC may be spent for day-to-day operations, office supplies, salaries, travel expenses and other administrative costs allowed by TEX. TAX CODE g351.101(f), only if each such expenditure is directly attributable to work on programs which promote tourism and the hotel and convention industry, and promotes at least one of the six statutory purposes enumerated within TEX. TAX CODE 9351.101(a). 2.3 Specific Restrictions on Use of Funds-; (a) GDAC agrees to demonstrate strict compliance with the record keeping and apportionment limitations imposed by TEX~ TAX CODE 9351.101(f) and 9351.108 (c) and (d). GDAC shall not utilize hotel tax fu;nds for any expenditure, which has not been specifically documented to satisfy the pmposes set forth in ~~2.1 and 2.2 above. (b) Hotel tax funds may not be spent for travel for a person to attend an event or conduct an activity, the primary purpose of which is not directly related to the promotion of local tourism and the convention and hotel industry and the performance of the person's job in an efficient and professional manner. GDAC PY2007 HOT Funds Contract - Page 3 ill. RECORDKEEPING AND REPORTING REQUIREMENTS 3.1 Budget. (a) GDAC shall prepare and s~bmit to the City Manager of CITY an annual budget (see Exhibit "A") as approved by the City Council for each calendar year, for such operations of GDAC in which the hotel tax funds shall be used by GDAC. This budget shall specifically identify proposed expenditures of hotel tax :funds by GDAC. In other words, CITY should be able to audit specifically the purpose of each individual expenditure of hotel tax funds from the separate account relating to hotel tax :funds.- CITY shall not pay to GDAC any hotel tax revenues as set forth in Section I of this contract during any program -year of this Agreement unless a budget for such respective program year has. been approved in writing by the Denton City Council authorizing the expenditure of funds. Failure to submit an annual budget may be considered a breach of contract, and if not remedied is considered grounds for termination of this Agreement as stated in paragraph 4.2. (b) GDAC aclmowledges that the approval of such budget by the Denton City Council creates a fiduciary duty in GDAC with respect to the hotel tax funds paid by CITY to GDAC under this Agreement. GDAC shall expend hotel tax funds only in the manner and for the purposes specified in this Agreement, TEX. TAX CODE g351.101(a) and in the budget as approved by CITY. 3.2 Separate Accounts. GDAC shall ;maintain any hotel tax funds paid to GDAC by CITY in a separate account or with segregated fund accounting, such that any reasonable person can ascertain the revenue source of any given expenditure. 3.3 Financial Records. GDAC shall maintain complete and accurate financial records of each expenditure of the hotel tax funds made by GDAC. These funds are required to be classified as restricted funds for audited financial purposes, and may not be used for contracted services, including, b~t not limited to, auditing fees or attorney fees. Upon reasonable advance written request of the Denton City Council, the City Manager or designate, or any other person, GDAC shall make such financial records available for inspection and review by the party making the request. GDAC understands and accepts that all such financial records, and any other records relating to this Agreement shall be subject to the Texas Public Information Act, TEX. GOV'T CODE, ch. 552, as hereafter amended. 3.4 Quarterly Reports. After initial receipt of hotel tax funds, and within thirty days after the end of every contract quarter, GDAC shall furnish to CITY: (1) a completed fmancial report, (2) a list of the expenditures or copies of the invoices or receipts made with regard to hotel tax funds pursuant to TEX. TAX CODE ~351.101(c), and (3) a copy of all financial records (e.g., copies affront and b(;lck cleared checks or bank statements, and other relevant documentation). GDAC shall prepare and deliver all reports in a form and manner approved by the City Manager or designate.. GDAC shall respond promptly to any request from the City Manager of CITY, or designate, for additional information relating to the activities performed under this Agreement. ; GDAC PY2007 HOT Funds Contract - Page 4 3.5 Notice of Meetings. GDAC shall give the City Manager of CITY, or his designate, reasonable advance written notice of the time and place of all meetings of GDAC's Board of Directors, as well as any, other meeting of any constituency of GDAC, at which this Agreement or any matter subject to this Agreement shall be considered. IV. TERM AND TERMINATION 4.1 Term. The term of this Agreement shall commence on January 1, 2007, and terminate at midnight on January 31, 2008. However, the program period shall commence on January 1, 2007 and terminate at midnight on December 31, 2007 · Only those expenditures authorized by Chapter 351 of the Texas Tax Code and the program guidelines, which are actually incurred during the program period, for events and activities taking place within the program period, are eligible for funding under this agreement, and any ineligible expenditures or unspent funds shall be forfeited to CITY upon termination of the Agreement. 4.2 Termination Without Cause. ( a) This Agreement may be terminated by either party, with or without cause, by giving the other party sixty (60) days advance written notice. (b) In the event this contract is terminated by either party pursuant to Section 4.2(a), CITY agrees to reimburse GDAC for any contractual obligations undertaken by GDAC in satisfactory performance of those activities specified in ~~2.1 and 2.2 above, and that were approved by the Council through the budget, as noted in ~3 .1. This reimbursement is conditioned upon such contractual obligations having been incurred and entered into in the good faith performance of those services contemplated in ~-,r2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. Notwithstanding any provision hereof to the contrary, the obligation of CITY to reimburse GDAC, or to assume the performance of any contractual obligations of GDAC, for or under any contract entered into by GDAC as contemplated herein, shall not exceed 66 2/3% of the current quarterly payment. (c) Further, upon termination pursuant to -,r4.2(a), GDAC will provide CITY: 1) Within 10 business days from the termination notification, a short-term budget of probable expenditures for the remaining 60 day period between termination notification and contract termination. This budget will be presented to Council for approval within 10 business days after receipt by CITY. If formal approval is not given within 10 business days, the budget does not contain any expenditures that would be prohibited by the Texas Tax Code, and is within the current contractual period approved budget, the budget will be considered approved; 2) Within 30 days, a full accounting of all expenditures not previously audited by CITY; 3) Within 5 business days of a request from CITY, a listing of expenditures that have occurred since the last required reporting period; 4) a final accounting of all expenditures and tax funds on the day of termination. GDAC will be obligated to return any unused funds, or funds determined to be used improperly. Any use of remaining funds by GDAC after notification of termination is conditioned upon such contractual obligations having been incurred and entered into in GDAC PY2007 HOT Funds Contract - Page 5 the good faith performance of those services contemplated in 2.1 and 2.2 above, and further conditioned upon such contractual obligations having a term not exceeding the full term of this Agreement. 4.3 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events: (a) The termination of the legal existence ofGDAC; (b) The insolvency of GDAC, the filing of a petition in bankruptcy, either voluntarily or involuntarily, or an assignmeJ.?-t by GDAC for the benefit of creditors; ( c) The continuation of a breach of any of the terms or conditions of this Agreement by either CITY or GDAC for more than thirty (30) days after written notice of such breach is given to the breaching party by the other party; or (d) The failure of GDAC to submit a financial quarterly report which complies with the reporting procedures required herein an~ generally accepted accounting principles prior to the beginning of the next contract tenn, or quarterly as required by Section 1.3 hereof. 4.4 Right to Immediate Termination- Upon Litigation. Notwithstanding any other provision of this Agreement, to mitigate damages and to preserve evidence and issues for judicial determination, either party shall have the right to terminate this Agreement upon immediate notice to the other party in the event that any person has instituted litigation concerning the activities of the non-terminating party, and the terminating party reasonably believes that such activities are required or prohibited under this Agreement. 4.5 In the event that this Agreement is terminated pursuant to ~'4.3 or 4.4, GDAC agrees to refund any and all unused fund~, or funds determined by CITY to have been used improperly, within 30 days after termination of this Agreement. v. GENERAL PROVISIONS 5.1 Subcontract for Performance of- Services. Nothing in this Agreement shall prohibit, nor be construed to prohibit, the agreement by GDAC with another private entity, person, or organization for the performance of those services described in '2.1 above. In the event that GDAC enters into any arrangement, contractual or otherwise, with such other entity, person or organization, GDAC shall cause such other entity, person, or organization to adhere to, conform to, and be subject to all provisions, terms, and conditions of this Agreement and to TEX. TAX CODE ch. 351, including reporting requirements, separate funds maintenance, and limitations and prohibitions pertaining to expenditure of the agreed payments and hotel tax funds. 5.2 Independent Contractor. GDAC shall operate as an independent contractor as to all services to be performed under this Agreement and not as an officer, agent, servant, or employee of CITY. GDAC shall have exclusive control of its operations and performance of services hereunder, and such persons, entities, or organizations perfonning the same, and GDAC PY2007 HOT Funds Contract - Page 6 GDAC shall be solely responsible for the acts and omissions of its directors, officers, employees, agents, and subcontractors. GDAC shall not be considered a partner or joint venturer with CITY, nor shall GDAC be considered, nor in any manner hold itself out as, an agent or official representative of CITY. 5.3 Indemnification. GDAC AGREES TO INDElVINIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR INJURIES, DAMAGE, LOSS, OR LIABILITY, OF WHATEVER. KIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE BY GDAC OF THOSE SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ALL SUCH CLAIMS OR CAUSES OF ACTION BASED UPON COMMON, CONSTITUTIONAL OR STATUTORY LAW, OR BASED, IN WHOLE OR IN PART, UPON ALLEGATIONS OF NEGLIGENT OR INTENTIONAL ACTS OF GDAC, ITS OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSEES AND INVITEES. 5.4 Assignment. GDAC shall not assign this Agreement without first obtaining the written consent of CITY. 5.5 Notice. Any notice required to be given under this Agreement or any statute, ordinance, or regulation, shall be effective when given in writing and deposited in the United States mail, certified mail, return receipt requested, or by hand-delivery, addressed to the respective parties as follows: CITY GDAC City of Denton 215 E. McKinney Denton, TX 76201 Greater Denton Arts Council A TTN: Margaret Edge Chalfant 207 South Bell Denton, Texas 76201 5.6 Inurement. This Agreement and each provision hereof, and each and every right, duty, obligation, and liability set forth herein shall be binding upon and inure to the benefit and obligation of CITY and GDAC and their respective successors and assigns. 5.7 Application of Laws. All terms, conditions, and provisions of this Agreement are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant thereto, and all judicial determinations relative thereto. 5.8 Exclusive Agreement. This Agreement contains the entire understanding and constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, express or. implied, between or among the parties hereto, relating to the subject matter of this Agreement, which are not fully expressed herein. The terms and conditions of this Agreement shall prevail, notwithstanding any variance in this GDAC PY2007 Hot Funds Contract - Page 7 Agreement from the terms and conditions of any other document relating to this transaction or these transactions. 5.9 Duplicate Originals. This Agreement is executed in duplicate originals. 5.10 Headings. The headings and subheadings of the various sections and paragraphs of this Agreement are inserted merely for the' purpose of convenience and do not express or imply any limitation, definition, or exten~ion of the specific terms of the section and paragraph so designated. 5.11 Severability. If any section, subsection, paragraph, sentence, clause, phrase or word in this -Agreement, or application thereof t6 any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Agreement, and the parties hereby declare they would have enacted such remaining portions despite any such invalidity. 5.12 Insurance. GDAC shall, at a minimum, provide insurance as follows: 1. $500,000 Commercial General Liability, or $1,000,000 Event Insurance, covering all events taking place on City-owned property 2. Statutory Workers' Compensation and Employers' Liability ($100,000/$500,000/$100,000) 3. $250,000 Liquor/Dram Shop Liability for any event occurring on City- owned property where alcohol will be provided or served 4. $500,000 Business Automobile Liability on any owned, non-owned or hired vehicles CITY must be named as an additional insured on all policies (except Workers' Compensation) and proof of coverage shall be submitted prior to any payment by CITY. EXECUTED this _ day of , 2006. THE CITY OF DENTON, TEXAS By: PERRY R. McNEILL, MAYOR GDAC PY2007 HOT Funds Contract - Page 8 ArrEST: APPROVED AS TO LEGAL FORM: By: JENNlFER WALTERS~ CITY SECRETARY ATTEST: APPROVED AS TO LEGAL FORM: By: Secretary By: GDAC PY2007 HOT Funds Contract - Page 9 Greater Denton Arts Council Exhibit A PY2007 Budget Request Advertising Website development and management salary Direct promotion $101000 6,000 $16,000 Art Exhibition and Program Salary Exhibition and Programs Administrative Salary Office and Administrative Expenses $30,000 15,000 $36,000 81000 $89,000 Convention Center Facility Salary $20,000 TOTAL REQUEST $125,000 AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Police ACM: Jon Fortune N SUBJECT Consider adoption of an ordinance setting fees for towing, impounding, storage, permit fees, use of special equipment such as dollies, and notification for vehicles impounded at the direction of the Police Department. This ordinance is required by Section 23-87 of the previously passed Ordinance 2006-174. BACKGROUND In order to facilitate impoundment of vehicles driven without proof of financial responsibility, a previous ordinance was passed (2006-1 74) to outsource the storage of impounded vehicles. The major changes to our current procedure included: . Towing companies would provide towing and storage at their facility. . Wrecker companies retain all proceeds and unclaimed vehicles from police initiated towing and/or storage. The ordinance would require that unclaimed vehicles be disposed of consistent with applicable regulations and laws. There would be no more city-sponsored auctions. . Response time to PD requests for wreckers will be 30 minutes 24 hours a day, 7 days a week. Response time for Heavy Duty wreckers will be 1 hour 24/7. . Wrecker companies must maintain records for 3 years including vehicle information, list of inventory, and a record of to whom the vehicle was released. . One towing company per Vehicle Storage Facility (V.S.F). . V.S.F. must have capacity to hold every vehicle that the police request to be towed. . One phone number per company that is answered 24/7. . Must be available to release vehicles per TX DOT regulations. . Vehicles owners must have proof of insurance before any vehicle can be released. . Any person found guilty of violating this ordinance shall be fined a sum not to exceed five hundred dollars ($500) per day. Each day that a provision of this ordinance is violated shall constitute a separate offense. . The PD will maintain a smaller impound lot for evidentiary holds, bicycles, and other items too large for the property & evidence room. . The towing fees on police initiated impounds will be set by the City Council. Agenda Information Sheet September 26, 2006 Page 2 RECOMMENDATION This proposed ordinance sets the fees for towing, impounding, storage, permit fees, use of special equipment such as dollies, and notification for vehicles impounded at the direction of the Police Department, as required by the previous ordinance. Towing: Impound: Storage: Notification: Application Fee: City Permit: $100.00 $ 20.00 $ 20.00 $ 50.00 $150.00 $150.00 Routine Towing Fees were $50.00 from 1999 until 2004, when it was raised to $80.00. The recommended $100.00 fee was negotiated with wrecker companies based on increased requirements set forth in this new ordinance and recent increases in gasoline prices. The fee is in line with other area cities' fees (see Attachment A). Agencies that do not charge permit fees generally use a solitary wrecker/storage facility. Agencies with rotating/multiple contractors all have permit fees. State law regulates storage and notification fees. The recommended city permit fee which allows wrecker companies to contract for towing services with the city, is based on City Ordinance 2001-094, Section 27-159, which set application fees for city taxicabs at 150.00 and Section 27-166, which set permit fees at $250.00 per taxicab. The application fee was approved in the previous ordinance. The new ordinance states the one time application fee will serve as the permit fee after the application is approved. On Tuesday, August 29,2006, Sgt. Beutner and Sgt. Atcheson met with wrecker drivers in the police department training room in reference to the proposed ordinance regarding fees for police-initiated non-consent impounds. Twelve wrecker drivers representing nine different companies attended the meeting. The above listed proposed fees were well accepted by those in attendance, but the question of miscellaneous fees was raised at the meeting. Their questions are addressed by the proposed ordinance. Agenda Information Sheet September 26, 2006 Page 3 ESTIMATED SCHEDULE OF PROJECT Sept 26 Second Impound ordinance to Council October 1 Begin outsourcing Mid to Late November Auction of remaining vehicles, clearance of existing auto pound and completion of the move to the new site at the intersection of Crawford and Paisley. PRIOR ACTION/REVIEW (Councils.. Boards.. Commissions) This item was presented to Council at the April 4, 2006 Work Session. Ordinance 2006-174 was passed on June 20,2006. EXHIBITS Matrix with area city charges Proposed ordinance Charles Wiley Chief of Police Prepared by: Mike Beutner, Sergeant Support Services Bureau <C .... z w :E J: (J ~ .... <C c:: o tn .i: ca C. E o (J (1) (1) L1. -c c:: ~ o a.. o ... ~ <C o 00 0..00000 0000000 (.)--0000 "~ g ~ ~ ~ Y7 LLLO CD o 0..0 0 =oggg~ ogooo~ >~NNLO('i) >Y7Y7Y7Y7Y7 ....... LL o 0..0 0 coggg~ ~gooo~ C~NNLO~ CDY7Y7Y7Y7Y7 o o 0 o..ggggo ~LOOOOg O>NNLON nsY7Y7Y7Y7Y7 o o a.. 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AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE IV ENTITLED "STOPPING, STANDING, AND PARKING" OF THE MOTOR VEHICLES AND TRAFFIC CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING SECTION 18-104(a) RELATING TO STORAGE AND IMPOUNDMENT FEES FOR IMPOUNDED VEHICLES BY INCREASING THE TOWING, STORAGE, IMPOUND AND NOTIFICATION FEES; BY ADDING THE FEE FOR THE USE OF DOLLIES; AMENDING ARTICLE IV ENTITLED "POLICE-INITIATED TOWING SERVICES" OF THE POLICE CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING SECTION 23-87 TO ESTABLISH THE ANNUAL PERMIT FEE AND TO CITE SECTION 18-104 AS THE SOURCE FOR ALL OTHER POLICE- INITIATED TOWING FEES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLA TIONS OF THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council deems it in the public interest to increase these fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SFJ--:TTON 1. Section 18-104 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows: Sec. 18-104. Impoundment of standing or parked vehicles. (a) A vehicle removed and towed under the authority ofVemon's Texas Transportation Code Annotated, Section 545.305 shall be kept at the place designated by the police department until application for redemption is made by the owner or his authorized agent or other person legally entitled to possession of the vehicle. The police department shall require adequate proof of ownership or proof of the right to possession of the vehicle. The fees set forth below are also applicable to vehicles towed by towing companies pursuant to Chapter 23, Article IV, of this code of ordinances. The fees for towing and storage of vehicles are as follows: (1) Towing Fees. The towing fee shall be one hundred dollars ($100.00). (2) Storage fees. Storage fees for any vehicle twenty-five feet in length or less shall be twenty dollars ($20.00) per day, or any part of a day, after the first twenty- four hours. Storage fees for any vehicle more than twenty-five feet in length shall be thirty-five dollars ($35.00) per day, or any part of a day, after the first twenty-four hours. (3) Tmpollncl fee. The impoundment fee shall be twenty dollars ($20.00) and may be assessed pursuant to Section 2303.155 of the Texas Occupations Code. (4) Notification fee. The notification fee for any towed vehicles registered in the State of Texas shall be fifty dollars ($50.00) and shall be charged to the S:\Our Documents\Ordinances\06\Towing Fee OrdinanceSectionI8-104_2.doc registered owner of the vehicle. Notification will be sent to the vehicle's last registered owner and all recorded lienholders by certified or registered mail no sooner than twenty-four hours after receipt of the vehicle and no later than five days after receipt of the vehicle. (5) Fee for dollies. If dollies are used to tow a vehicle, a fee of $30.00 may be charged. (6) Miscell:lneolls fees Unless specifically listed by local rules established under the authority of the director given to him by Section 23-82 of Ordinance 2006-174, any miscellaneous tow service fees should be listed with the Texas Department of Transportation. (b) Whenever the police department takes into custody a vehicle removed from the streets under the authority of this section, it shall attempt to ascertain the name and last known address of the registered owner as provided by the state department of highways and public transportation, and if the vehicle impounded has not been reclaimed within twenty-four (24) hours of the time of its impoundment, the police department shall notify, by certified mail, return receipt requested, the last known owner of the vehicle and all lienholders of record pursuant to the Certificate of Title Act, Vernon's Ann. Civ. St. art. 6687-1, that the vehicle has been taken into custody. The notice shall be as provided in section 20-43 of this Code. (c) It shall be unlawful for any person to remove or attempt to remove a vehicle from a city pound location without first paying the towing and storage fees which have accrued on the vehicle. (d) Upon payment of all towing and storage fees, a vehicle impounded by the police department pursuant to the enforcement of the provisions of this Code may be released to the lienholder or his authorized agent holding a valid and existing mortgage lien on the vehicle impounded, provided the mortgage lienholder complies with the following requirements: (1) Furnish the police department, for its inspection: a. The mortgage lien contract or a certified copy thereof specifying that upon default of the mortgagor the mortgagee is entitled to possession of such vehicle; b. The certificate of title with the lien appearing thereon. (2) Furnish to the police department an affidavit stating that he holds a lien on the vehicle impounded, that the mortgagor has defaulted, that the mortgage lienholder desires possession and is entitled to possession of such vehicle under a valid court order and agrees to indemnify and hold harmless the city, its police department and its employees or agents upon delivery to him of the vehicle. (e) The city shall refund all towing and storage fees to the registered owner or lienholder or other person legally entitled to possession of the vehicle if the municipal court or other court of competent jurisdiction determines that the impoundment of the vehicle was improper. Application for a refund shall be on forms prepared by the city attorney's office. (f) When a vehicle is authorized to be towed away, the police department shall keep Page 2 of 4 S:\Our Documents\Ordinances\06\Towing Fee OrdinanceSectionI8-104_2.doc and maintain a record of the vehicle towed, listing the color, year, make, model, vehicle identification number and license plate number and year displayed on the vehicle. The record shall also include the date of tow, by what commercial towing service, location towed from, location towed to, reason for towing, the name of the officer authorizing the tow and copies of all notices to owners or lienholders. SFJ~TTON 2. Section 23-87 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows: Sec. 23-87. Fees charged; bills. Once a towing company's application has been approved consistent with Ordinance 2006- 174 and City of Denton Police department practice, the one time application fee of$150 shall serve as the permit fee for the first year. Subsequent years will require ad additional payment of $150 per year for each towing company. All other applicable fees which may be charged by the towing company are set forth in Section 18-104. SFJ~TTON 1. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are severable. SFJ~TTON 4. 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. SFJ~TTON ~. Any person found guilty of violating this ordinance by a court of competent jurisdiction shall be fined a sum not to exceed $500 per day. SFJ~TTON h. This Ordinance shall become effective on October 1, 2006 or fourteen (14) days from the date of its passage, whichever is later, 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. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Page 3 of 4 S:\Our Documents\Ordinances\06\Towing Fee OrdinanceSectionI8-104_2.doc APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: --~ Page 4 of 4 AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Management and Budget If ACM: Jon Fortune SUBJECT Consider adoption of an ordinance approving a policy regarding reimbursement of City Council travel expenses; establishing a budget for City Council travel expenses; and providing an effective date. The Audit/Finance Committee recommends approval (3-0). BACKGROUND The City of Denton has historically reimbursed its elected officials for city-related travel. These events have involved both travel requiring overnight stays and same day travel. In both cases, mileage has been reimbursed when the elected official has opted to use their personal vehicle. The City of Denton's reimbursement practice for elected officials has been in accordance with Internal Revenue Service (IRS) guidelines under an Expense Reimbursement Accountable Plan and the City's Employee Travel Policy. City Council travel expenses have traditionally been reimbursed from the General Fund's appropriated budget for the City Manager's Office. Although City Council travel has been reimbursed in accordance with the City's Employee Travel Policy, no specific policy existed for elected officials. As a result, the City's Audit/Finance Committee reviewed and approved a policy and budget for City Council travel expenses on July 19,2006. This ordinance will allow the City Council to formally adopt the City Council Travel Policy as recommended by the Audit/Finance Committee. The Audit/Finance Committee also recommended that a budget be established with a maximum budget for each elected official representing a 10% decrease from the FY 2005-06 budgeted amount of $40,500. In prior years, no amount of the total travel budget was specifically designated for each member of the City Council. By establishing a specific budget for each Council Member, each Council Member's travel-related expenses will be easily tracked and accounted for within the City's financial system. Also, in recognition of the additional duties performed by the Mayor and Mayor Pro- Tern, the budget includes more dollars for those positions. The budget for the Mayor and Mayor Pro-Tern is based on two and a half times more dollars for overnight travel, and mileage reimbursement is based on five hundred miles per month at the current Internal Revenue Service rate of $0.445 per mile. The budget for the remaining five Council Members is $3,378, which includes one hundred reimbursable miles at the current Internal Revenue Service rate of $0.445 per mile. Agenda Information Sheet September 26, 2006 Page 2 Furthermore, it is anticipated that individual members of the City Council may communicate with their Council Member peers in the event additional dollars are needed for specific travel events. Agreed upon dollars can be transferred from one Council Member's travel budget to another. Budget transfer requests must be in writing to the City's Budget Office. Attachment A to the Ordinance has been provided as the policy outlining procedures and reimbursable expenses for Council-related travel. This policy closely mirrors the City of Denton's Employee Travel Policy and has been prepared in accordance with Internal Revenue Service guidelines under an Expense Reimbursement Accountable Plan. Attachment B to the Ordinance has been provided as the budget for Council-related expenses. The budget breaks down Council-related expenses as follows: Overnight Travel - All expenses, including mileage reimbursement, for travel requiring an overnight stay; and Mileage Reimbursement - Expenses related to the reimbursement of mileage incurred from same day travel. Overnight travel events have historically included attendance to the TML Annual Conference, NLC Winter & Spring Conferences, u.S. Conference of Mayors' Winter & Spring Conferences, and Association of Mayors, Council Members and Commissioners. Mileage Reimbursement for same day travel events have historically included attendance to various City-related activities, ceremonies and receptions, transportation and mobility meetings/conferences, and NTCOG meetings. RECOMMENDATIONS Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) On July 19,2006, the City's Audit/Finance Committee reviewed the proposed policy and budget, and recommended approval, 3 -0. FISCAL INFORMATION Ordinance Attachment B illustrates the proposed budget/fiscal impact. Prepared by: Antonio Puente, Jr. Budget Coordinator S :\Our Documents\Ordinances\06\CouncilTravelOrdinance.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ADOPTING A POLICY REGARDING THE PAYMENT OF CITY COUNCIL TRAVEL EXPENSES; ESTABLISHING A BUDGET FOR CITY COUNCIL TRAVEL EXPENSES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Assistant City Manager for the City of Denton has presented a policy (the "Policy") and budget for fiscal year 2006-2007 (the "Budget") regarding the payment of City Council travel expenses which are attached hereto and made a part hereof by reference as Attachments A and B, respectively; and WHEREAS, the City of Denton's Audit/Finance Committee has reviewed and recommended approval of the Policy and Budget; and WHEREAS, the City Council desires to adopt the Policy and Budget as an official policy and budget for the payment of City Council travel expenses; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Policy and Budget are hereby approved. SECTION 2. In future years, the Budget will be provided as a part of the annual City of Denton Budget. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRYR. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: ATTACHMENT A CITY OF DENTON PAGE-LOF --1 POLICY/ADMINISTRATIVE PROCEDUREI ADMINISTRATIVE DIRECTIVE SECTION: ACCOUNTING REFERENCE NUMBER: SUBJECT: REIMBURSEMENT OF CITY COUNCIL EXPENSES INITIAL EFFECTIVE DATE: 10/01/06 TITLE: TRAVEL EXPENSES LAST REVISION DATE: 10/01/06 ADMINISTRATIVE PROCEDURES: The City of Denton will pay reasonable expenses, which are incurred in the course of City-related business travel.. The City has two objectives when paying travel-related expenses: (1) To provide Council members sufficient funds to execute business on behalf of the City and (2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative directive outlines what constitutes a reasonable and necessary expense. Council members are responsible for insuring that travel expenditures comply with this administrative directive and for the thorough review and approval of all documents necessary for the travel transaction. Council members have the discretion to implement more restrictive procedures and/or guidelines for their individual travel. The purpose of the required documentation is to provide sufficient evidence to anyone, who reviews the travel transaction, that public funds were expended in compliance with this administrative directive. Council members traveling on behalf of the City of Denton are expected to utilize services and "accommodations appropriate for the business to be conducted. Council members are expected to travel and conduct business in reasonable comfort and exercise good judgment in distinguishing between comfort and extravagance.. I. Approval Required for Travel on City Business. The City will pay travel and registration fee expenses required for City business or to enhance the knowledge of the individual for the benefit of the City. ACCTIPOLICY/COUNClL PAGE--LOF -1 POLICY / ADMINISTRATIVE PROCEDUREI ADMINISTRATIVE DIRECTIVE (Continued) II TITLE: TRAVEL EXPENSES I REFERENCE NUMBER: II A. Travel Advance Request Form: An advance for estimated travel expenses may be requested. The Travel Advance Request Form must be signed by both the requesting Council m~mber and the Mayor or City Manager. The form must include the purpose of the trip, the destination (city and state), and the departure/return dates and times. Travel Advance Request Forms should not be submitted sooner than two to three weeks prior to the trip. Following a trip, Council members must account for their travel advance by completing and submitting an Expense Report Form to Accounts Payable within twenty (20) working days of their return date. Unused travel advance money must be reimbursed to the City and supporting documentation (receipt) attached to the Expense Report Form. Travel out of the country will be allowed a reasonable extension to allow for the correct exchange rate calculation. B. Expense Report Form: An Expense Report Form must be completed for all travel. The form must include the purpose of the trip, the destination (city and state), and the departure/return dates and times. All receipts and supporting documents must be attached to the Expense Report Form. Receipts should be affixed in date order to an 8 ~ x 11 sheet of paper and attached to the Expense Report Form, and then fOlWarded to Accounts Payable after being reviewed and signed by the Mayor or City Manager. II. Reimbursable Expenses.. The City will pay a Council member's actual expenses as authorized within this administrative directive.. Itemized receipts must be provided for all expenses. Receipts must be an itemized copy from the vendor and not just the credit card slip/balance due. FaUure to submit itemized receipts will render those expenses non-reimbursable.. Council members should use the most economical means available when using City funds. A. Meals: 1. Travel-related meals will be reimbursed if an overnight stay is required or if multiple trips are required during two or more consecutive days. 2. The City will not pay for meals for individuals who are not employed by the City of Denton except with the written approval of the Mayor or City Manager stating the business purpose of the meal. If an exception is granted, an itemized meal receipt with attendee names must be attached to the Expense Report Form. 3. The City will pay for meals at scheduled seminars, training sessions, and other meetings, but will not reimburse for meals elsewhere if the meal cost was included in the conference fee. A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior written approval of the Mayor or City Manager. ACCT /POUCY /COUNCIL PAGE~OF -1 POLICY I ADMINISTRATIVE PROCEDUREI ADMINISTRATIVE DIRECTIVE (Continued) II TITLE: TRAVEL EXPENSES I REFERENCE NUMBER: II B. Entertainment: The City of Denton will not reimburse Council members for entertainment unless it is necessary for the purpose of the trip. Written approval from the Mayor or City Manager stating the business purpose must be attached to the Expense Report Form. c. Alcoholic Beverages: Under no circumstances will the cost of alcoholic beverages be reimbursed. D.. Transportation: 1. First-Class Accommodations: Council members may choose to travel frrst-class, but the City will only pay coach or tourist class fares. 2. Commercial Airlines: The City of Denton will pay for coach roundtrip airfare.. Council members are expected to take advantage of discounts whenever possible" However, Council members are not required to fly at unusual times just to qualify for discounts.. Council members may retain frequent flyer miles and similar travel awards; however, he/she shall not pay a higher price for the fare in order to obtain frequent flyer miles. 3. Private Air Carriers and Charters: Council members shall not use private airplanes or charters without approval of the Mayor or City Manager. Cost savings or emergency schedule requirements must be shown and included with the Mayor or City Manager's written approval. 4. Vehicle Rental: When renting vehicles, the Council member's personal auto insurance is the primary source of coverage in the event of an accident. The appropriate size of the rental vehicle should depend on such factors as the number of passengers, and the amount of luggage and/or equipment being carried. 5. Taxi: The City will reimburse Council member's taxi fares for required transportation" When possible, a receipt must be attached to the Expense Report Form. 6. Personal Vehicles: Council members may use their personal vehicle for out-of-town travel or same day (in-town) travel. A -mileage log or other supporting documentation must be attached to the Expense Report Form. The City of Denton will pay the Internal Revenue Service mileage reimbursement rate in effect at the time of travel. When a Council member's travel destination is more than 300 miles from the point of departure (one-way), the City will not reimburse the Council member for expenses, such as lodging, meals and incidentals, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement. Appendix A is ACCTIPOLICY ICOUNCu.. PAGE~OF -1 POLICY I ADMINISTRATIVE PROCEDURE! AD MINI STRA TIVE DIRECTIVE (Continued) II TITLE: TRAVEL EXPENSES I REFERENCE NUMBER: II provided to help calculate the least expensive travel method, which is the amount that will be reimbursed. b. The City will pay for any additional City-related mileage at the destination. A mileage log (Appendix B) or other supporting documentation must be attached to the Expense Report Form. c. The City will pay for same day or in-town City-related mileage. Same day or in- town travel events may include City-related ceremonies and receptions, transportation and mobility meetings/committees, and NTCOG meetings. A mileage log (Appendix B) or other supporting documentation must be attached to the Expense Report Form. d. The City will pay for parking expenses, including airport parking (at the general or remote parking rate). For airport parking, supporting documentation must be attached to the Expense Report Form and can be obtained from the airport's website. Mileage reimbursement to the airport will be calculated from the Council member's point of departure. e. If a Council member is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the Council member's personal towing insurance coverage. The Council member must pay for all repairs. The towing invoice and insurance documentation, reflecting amount covered, must be attached to the Expense Report Form. E. Accommodations: The City will pay actual expenses for hotels, motels, or other lodging. City Council members are not exempt from hotel taxes, and will be reimbursed for such taxes. The City will pay no more than the cost of a single occupancy room. If a Council member shares a room with someone who is not an employee or official of the City or who.is not traveling on City business, and the room cost is higher than the single room rate, the bill must be adjusted for the difference in cost. F. Telephone: The City realizes that while ont-of-town on City business there are personal matters that must be attended; therefore, the City will pay the cost of one personal phone call each day (not to exceed 10 minutes). The City will reimburse Council members for all business calls. All phone calls must be documented as to whether personal or business in nature. It is recommended that Council members purchase prepaid calling cards, which are less expensive than hotel long distance rates. Internet connection fees incurred for business purposes will be reimbursed, if approved by the Mayor or City Manager. ACCT/POUCY ICOUNCIL PAGEiOF -1 POLICY I ADMINISTRA TIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: TRAVEL EXPENSES REFERENCE NUMBER: G. Incidental Expenses: The City of Denton will not pay for dry cleaning, shoe shining, haircuts, magazines and books, tickets to the theater, sports events, or other such incidental expenses. Incidental expenses covered include: fees and tips given to porters, baggage carriers, bellhops, hotel maids, stewards or stewardesses and others on ships, hotel servants in foreign countries, and transportation between places of lodgings or business and places where meals are taken. H. Travel on Behalf of Other Agencies: With the approval of the Mayor or City Manager, Council members may be authorized travel on behalf of other organizations. In unusual circumstances, the Mayor or City Manager is authorized to approve an advance of City funds for travel expenses incurred on such trips. The same guidelines outlined in this administrative directive must be followed. ill. Other Authorizations/Approvals. Expense Report Form approval for Council members will be the Mayor or City Manager. Expense Report Form approval for the Mayor will be the City Manager. ACCTIPOLICY/COUNCIL PAGE~OF--1 POLICY I AD MINI STRA TIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) I TITLE: TRAVEL EXPENSES I REFERENCE NUMBER: II APPENDIX A AIRLINES PERSONAL VEmCLE Airfare * _miles @ cents = Airport Parking Destination Parking Transportation To/From Airport Additional Lodging Other Additional Meals Total Cost Total Cost Lesser of above columns is the maximum reimbursement when choosing to drive to a destination versus flying. *A 21-day advance shall be used for airfare cost unless there are extenuating circumstances. A brief explanation of these circumstances must be provided below.. A price quote must be attached to this form in order to obtain reimbursement~ This quote may be obtained via the Internet web page of the appropriate major airline.. ACCTIPOLICY ICOUNCIL PAGE-LOF-1 POLICY I ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) II TITLE: TRAVEL EXPENSES I REFERENCE NUMBER: II APPENDIX B MILEAGE LOG NAME: TOTAL BEGINNING ENDING TRIP DESTINATION - DATE ODOMETER ODOMETER MILEAGE FROM/TO 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL l\fiLEAGE FOR REIMBURSEMENT o Miles X .445 cents = ACCTIPOUCY ICOUNCIL ATTACHMENT 8 CITY OF DENTON CITY COUNCIL TRAVEL FY 2008-07 PROPOSED BUDGET Ovemight Mileage Total Travel Reimbursement Budget* Mayor $7,110 $2,670 $9,780 Mayor Pro-Tern $7, 11 0 $2,670 $9,780 Council Members (5) $14,220 ** $2,670 $16,890 TOTAL $28,440 $8.010 $36,450 * Represents a 10% reduction from the original proposed budget of $40,500~ ** $2,844 for each Council Member. Council Members may, if needed, transfer their balance to another Council Member. AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEP ARTMENT: Library System .. CM: Howard Martin, 349-8232 SUBJECT Consider approval of an ordinance of the City of Denton, Texas dissolving the Emily Fowler Library Fund by transferring all the amounts in this fund to the 2006-2007 General Fund Budget at the beginning of that budget year; and providing for an effective date. The Library Board recommends approval (5-0). BACKGROUND The Emily Fowler Library Fund was passed and approved by the City Council on February 11, 1969 as a fund separate from the General Fund. The fund is used to account for revenue generated from library fines and fees, which are extended use fees of library materials and other related fees. The revenue is used to provide value-added library services, materials, and programs for the public. RECOMMENDATION On June 16, 2006, the City Council Audit Committee recommended that the city create an ordinance to combine the Emily Fowler Library Fund with the General Fund beginning in Fiscal Year 2006-2007. The proposed budget consolidates all Library revenue and expenses into the General Fund to provide a complete summary of Library operations and cost for service. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) On July 13,2006, the Denton Public Library Board at their monthly meeting unanimously voted (5-0) to dissolve the Emily Fowler Library Fund and drafted the attached "Resolution Supporting the Denton City Council Audit Committee Recommendation to Combine the Emily Fowler Library Fund with the General Fund." The Resolution was signed by all seven members of the Library Board. Exhibit A. FISCAL INFORMATION The current reserve balance of approximately $67,228.00 will be transferred into the library's organizational budget within the General Fund beginning in FY 2006-2007. EXHIBITS 1. Denton Library Board Resolution 2. Ordinance 3. Minutes Respectfully submitted: lla~ - . ~':... ~. ~ _~.. - . r" -, . - . Eva Poole Director of Libraries AT A REGULAR MEETING OF rrHE DENTON LIBRARY BOARD OF THE CITY OF DENTON t TEXASt HELD IN THE PROGRAM ROOM OF THE SOUTH BRANCH LIBRARY OF SAID CITY ON THE 13TH DAY OF JULY, 2006 RESOLUTION BE IT RESOLVED BY THE DENTON LIBRARY BOARD OF THE CITY OF DENTON, TEXAS: That the special fund established in the City Finance Department] as a separate account and known as the EMILY FOWLER LIBRARY FUND, which was passed and approved by then Mayor Zckc Martin, attested to by City Secretary Brooks Holt, approved as to the legal form by City Attorney Jack Q. Barton on February 11, 1969, be combined with the City of Denton General Fund and shall be subject to the following conditions: 1. That all revenue generated from library fines and fees be shown as a source of revenue in the City of Denton's General Fund for only the library organization; 2. That all library fines and fees be expended only for library materials, programs, and services; and 3. That all revenue generated from library fines and fees be used to supplement, not supplant, regular General Fund budgeting and funding of the library system. PASSED AND APPROVED this 13th day of July 2006. ~d;1iiil# Te esa Starrett) Chatr ~~rnco~ Sherri McDade, Vice-Chair Lori -- ~ife,- s~~re~!1- _ 4/!~~. t:?d~~ ~thY ms ~AA/rii'4,/ S /~ 1Urner Kobler '4___ ~~...__.__._ _... . ~ t2J-! . - . ----- ------- Pat Langa S:\Our Documents\Ordinances\06\Emily Fowler Library Fund Ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS DISSOLVING THE EMILY FOWLER LIBRARY FUND BY TRANSFERRING ALL THE AMOUNTS IN THIS FUND TO THE 2006- 2007 GENERAL FUND BUDGET AT THE BEGINNING OF THAT BUDGET YEAR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution dated February 11, 1969, the City Council created a special fimd in the City's Finance Department as a separate account to be known as the Emily Fowler Library Fund to be used for specific purposes and subject to certain conditions in that Resolution, including as a cost recovery resource, to pro.vide valued library services and programs for the public; and WHEREAS, the City Council Audit Committee has recommended that the separate Emily Fowler Library Fund be absorbed into the general fimd budget beginning in 2006-2007 and at its meeting of Ju1y 13, 2006 the Denton Library Board unanimously approved this recommendation; and WHEREAS. The City Council deems it in the public interest that the Emily Fowler Library Fund be absorbed into the general fimd budget beginning in the 2006-2007 fiscal year~ NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recit~tions contained in the preamble of this ordinance are incorporated herein by reference SECTION 2.. That the current balance of the Emily Fowler Library FlUld of approximately $67,228~OO be transferred into the general fimd budget beginning in the 2006-2007 fiscal year. SECTION 3~ This ordinance shall become effective immediately upon its passage and approval.. PASSED AND APPROVED this the day of ., 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~ Page 2 of2 DENTON PUBLIC LIBRARY BOARD MEETING Minutes of Meeting July 13, 2006 Present: Dorothy Adkins, Judy Deek Giese, Turner Kobler, Pat Langa, Teresa Starrett, and Eva Poole Absent: Sherri McDade and Lori Wolfe Teresa Starrett, Chair of the Denton Library Board called the meeting to order at 5 :05 PM in the Program Room of the South Branch Library. In the absence of Lori Wolfe, Eva Poole agreed to take the minutes for the Board. A motion from Judy Deek Giese with one correction-the misspelling of Stacy Sizemore's name; second by Pat Langa approved the minutes from the June 1, 2006. The two remaining members of the board unanimously approved and signed the attached, "A Resolution Supporting the Denton Public Library Board's Decision To Not Filter the Internet." The resolution will be kept on file as a permanent record in the Denton Librarv Board Minutes. Eva Poole reviewed the Supplemental Funding Requests for the Library's organizational FY 2006-07 General Fund budget and gave a history of the separate Emily Fowler Library Fund. Poole then stated that the Denton City Council Audit Committee had recommended the creation of an ordinance to combine the Emily Fowler Library Fund with the General Fund. After a spirited discussion, the Board unanimously approved the attached Resolution concerning the Emily Fowler Fund. "A Resolution Supporting the Denton City Council Audit Committee Recommendation to Combine the Emily Fowler Library Fund with the General Fund" will be kept on file as a permanent record in the Denton Librarv Board Minutes. The Board also unanimously approved the letter that Chair, Teresa Starrett drafted on behalf of the Board to Police Chief Wiley concerning the Environmental Investigation Officer at the North Branch Library. Teresa Starrett announced that she would be on vacation during the first week of August and would be unable to attend the meeting on August 3, 2006 to be held at the North Branch Library. With no further business, the meeting adjourned at 6:05 PM. Respectfully submitted, Eva Poole Exhibit 3 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 CM: Parks and Recreation Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Consider adoption of an ordinance adopting a schedule of fees for use of certain park facilities; superseding all prior fees in conflict with such schedule; and providing for severability and an effective date. The Parks, Recreation and Beautification Board recommend approval with a vote of (6-0). BACKGROUND This ordinance makes changes to the schedule of fees for parks and recreation services that are included in the proposed FY 2006-07 budget. Specifically, fees are adjusted as follows: . Increase of Goldfield Tennis Center court rental rates from $1.75 to $5.00 per 1 ~ hour. Group court rental rates would increase from $3.00 without lights and $6.00 with lights to $5.00 and $7.50 respectively. Individual and Family Season Passes would increase from $35.00 and $75.00 per person to $70.00 and $150.00 respectively. Total increase to General Fund would be $5,430. . Move Civic Center Pool General Admission and Rental revenue back to the General Fund. The shift of revenues from the Recreation Fund to the General Fund will increase revenue by $56,775. . Establish Facility Identification Card Fee schedule as follows, Adult (8yrs +) Resident Rate $5.00, Adult (8yrs +) Non-Resident Rate $10.00, replacement card fee $2.00. Total increase to the General Fund would be $25,250. OPTIONS Council options include the approval or denial of the ordinance as submitted. Council may also opt to modify the Schedule of Fees to include additional or modified requirements. RECOMMENDATION Staff recommends approval of this ordinance and agreement. ESTIMATED SCHEDULE OF PROJECT If approved, the changes to fees will be effective October 1, 2006. PRIOR ACTION/REVIEW These increases have been previously reviewed as part of the budget review process. The Parks, Recreation and Beautification Board recommend approval with a vote of 6-0. FISCAL INFORMATION The changes will result in an additional $2,580 in General Fund revenue. EXHIBITS 1. Ordinance 2. Minutes Respectfully submitted: Janet Fitzgerald, Director Parks and Recreation . . ..... ....... .." _ ",...::"l=_~-:-::: ....................................... Amanda Green Business Manager .,. """:~ S :\Our Documents\Ordinances\06\Parks Facility and Program Fees.doc ORDINANCE NO. AN ORDINANCE ADOPTING A SCH"EDULE OF FEES FOR USE OF CERTAIN PARK FACILITIES; SUPERSEDING ALL PRIOR FEES IN CONFLICT WITH SUCH SCHEDULE; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS: SECTION 1. The "Schedule of Fees" for FY 2006-2007, set forth in Exhibit "A", attached hereto and made a part hereof for all purposes, is hereby approved, and supersedes all prior conflicting fee schedules. SECTION 2~ The provisions of this ordinance are severable, and the invalidity of any phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of this ordinance. SECTION 3. This ordinance shall become effective immediately upon its passage and approvaL PASSED AND APPROVED this the day of , 2006~ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO L EDWIN M. S R CITY ATTORNEY Exhibit 1 TYPE Facility Rentals Exhibit A PARKS AND RECREATION FEES General Fund Only Effective October 1,2006 FEE (resident/non-resident) Full gym ~ ~ . ~ ~ ~ . ~ ~ . ~ ~ ~ . ~ ~ ~ . . . . . . . . . . . . . . . . . . . . . . . ~ . . ~ ~ ~ . ~ ~ ~. 60.00/70.00 (per hour) Half gym ~ . . . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . . . . . ~ . . . . . ~ . ~ . . . . 30.00/35.00 (per hour) Recreation center meeting rooms. .... ........... . ~ ~. ~ ~ 20~OO/25.00 (per hour) · Swimming Poot......... n ~. ~.. ~ ~. ~ ~ ~ ~. ~........... ...90.00/95.00 (per hour) Civic Center: . Rotunda: . Meeting Room 1: . Meeting Room 2 . Rooms 1 & 2 · Community Room S; \Our Documents\MiscellaneQu.s\06\Patks Program. Fees Exhibit A .doc $75 per hour (wyekdays) . $95 per hour (evenings and weekends) Maximum daily rate: $750 M-F; $950 S-S $25 p~r hour (weekdays) $35 per hour (evenings and weekends) Maximwn daily rate: $ 125 weekdays $175 evenings $350 weekends $35 per hour (weekdays) $45 per hour (evenings and weekends) Maximum daily rate: $175 weekdays $225 evenings $450 weekends $50 per hour (w~ekdays) $65 per hour (evenings and weekends) Maximum daily rate: $250 weekdays $325 evenings $950 weekends $50 per hour (weekdays) $65 per hour (evenings and weekends) Maximum daily rate: $250 weekdays $325 evenings $650 weekends Page 1 of3 TYPE . Rooms 1, 2 & Community Room FEE (resident/non-resident) $95 per hour (weekdays) $125 per hour (evenings and weekends) Maximmn daily rate: $475 weekdays $625 evenings $1,250 weekends . Plaza $25 per hour Plaza with restrooms $25/hr~, and rental of a meeting room for restroom access . Kitchen $15 per hour with meeting room rental $20 per hour for kitchen only rental . Entire Facility $170 per hour (weekdays) $270 per hour (evenings and weekends) Maximum daily rate: $1,360 weekdays $1,760 (evenings and weekends) Senior Center multipurpose room~ . .. ~ ~ ~. .. .. . .... .. .. .-.. .... ~ ~ ~~ 17.50/22..50 per quadrant .. ~ . .. ~ ~ ~ . .. . .. . . .. .. . . ~ . . . .. ~. 7 0 ~ 00/90.. 00 entire room Athletic fields: · Athletic fi e Id (wi 0 Ii ghts ) ~ . . . . .. . . .. .. .. .. . . ... ~ ~ ~ . ~ . . .. . .. .... 12 ~ 50 · Athletic field (w/light).... .................. n.. H ~..... ....... ~ ~ H 20..00 T elUlis : · Group court rental (w/o lights).. ~. ~.. ~.. ~........... ~.. ~ ~ ..~5..00/6..50 (per hour) · Group court rental (w/lights).. ~. ~.. ~.. ~............... ~ ~ ~.. ~.. 7..50/1 o~oo (per hour) Admissions Daily Swimming Pool Admission: · Individual Child.. . .. . ~ H .. . ~ ~ . ~ . .. . .. .... .. . .. . ~ ~ ~ . ~ . .. . .... . .. . .. . ... ~2 ~25/2 .25 · Indi vi dual Adult.. . .. .. . ~ . .. .. ~ .. . ~ . . . .. . . . . . . . . ~ ~ ~ . . . . .. .. .. . .. . ~ .. ~ 3 ~ 00/3 .. 00 Season Pass Pool Admission: · Individual pass~ ~ . . .. . .. . .. .. .. . .. ~ . . ~ ~ ~ . .. .. .. .... . .. ~ . it ~ .. ~.. .. ... .. .. .50..00/60.00 · Family pass.. ~ . . . . . .. .. . . . .. .. .. ~ . .. . .. . .. .. .. .. . . . .. ~ ~ .. .. . .. . .. .. .. ~ ~ 11 0.. 00/ 125.. 00 Tennis: · Individual court use fee~ ~."..."""..". ~ ~ ~.. ~..... ~... ~... 5..00 (1 'l2 hrs) during posted hrs.. only · Individual season pass. . . .. . .. . ~ ~ ~ . .. . .. . .. .. . .. . .. . .. ~ . .. . .. . .. .. 70.00/75.. 00 · Family season pass. ~ H ~................ ~. ~ ~ ~.............. ~.. ~.. ..150~OO/155..00 Page 2 of3 S; \Our Docnmeots\Miscellaoeous\06\Parks Program Fees Exhibit A .doc TYPE FEE (resident/non-resident) Youth Sports Youth Sports Impact Fee~ ~.~ ~ ~ ~ ~ ~ ~ ~ ~............... ~. ~ ~.. ~ 10.00 per participant/per season Park Vendor Sales .One-day booth permit: . Non-pro fit vendor. .. . .. . . . . .. .. ~ ~ ~ ~ . . . . ~ it . . . . . it . . . . . . . .. ... 15.00 · For-pro fit ................. ~ . .. . ~ it . it . . . . . . . . . . . . . .. ... . .. . ~ ~ ~ ~ . it . . it 25.00 Park Shelter Reservations Four-hour reservation: · Small shelter (capacity: 25 persons) o Individual/non-profit. . . . . . . . . . . .. . . .. . . ~ . . . . .. 15.00 o Co mmercia I.. . . . . . . . . . .. . . .. .. . . . .. .. . ~ . .. . ~ ~ ~ ~ . . . ... 50.00/60.00 . Large shelter (capacity: 50 persons) o Individual/non-profit......... .. ~... ... ...... .. 50.00/60..00 o Commercial.............................. ~...... ...100.00/120.00 Civic Center Garden Reservation · Individual (4 hours)......... ~. ~......it..................... 25.00/30.00 · Commercial ( 4 hours). . . . . . . .. . . .. .. . .. .. . ~ ~ .. . ~ . .. . . .. . . . .... 50.. 00/60.00 Civic Center Park Amphitheater · Unlighted ( 1 hour)..... ~ . ~ . . . . . ~ .. ~ . . . . . .. . .. .. . . ~ . ~ .. . ~ .. ~ . .. 5 . 00/1 0.00 · Li ghted (1 ho ur). . .. . . . . . . . H ~ . .. . .. it .. . . . . . .. . . . . . ~ . .... 1 0.00/20.. 00 Facility Identification Card "Rec Pass" · Individual (8 & up). . .. . .. . . .. . .. . .. . . .. . . . . .. . . .. . .. . . . . . .. 5 .00/1 0.00 · Family (4 or more). . . . . . .. . . ~ ~ . ~ . . .. . . . . . . . . . . . . . ~ ... .20.00/40.00 . · Rep lac em ent Card.. . .. . .. . . . . . . .. . . .. .. . . ~ . .. . .. .. . . . . . .. .. .. . ~ .. .. . .. it .. it .. .2 .00 Page 3 of3 S;\Our Doc.u.ments\M:iscelliweou.s\06\Parks Program Fees Exhibit A .~ DRAFT Parks, Recreation and Beautification Board Minutes September 11, 2006 Members present: Ross Richardson, Reggie Heard, Patrice Lyke, Allyson Coe, Teresa Andress and Carol Brantley. Members absent: Jo Kuhn. Staff present: Janet Fitzgerald, Bob Tickner, Janie McLeod, Emerson V orel, John Whitmore, Cindy Mayo and Amanda Green. Awards and Recognitions - Jane complimented Cindy in completing a portion of her Landscape Architect test to get her license. Janet commented that there are five sections to the test and Cindy had passed the hardest section. Approvals of Minutes of August 7, 2006 - Minutes were accepted as distributed. ACTION ITEMS Facility Identification Card Implementation - John reminded the board that at the August 7th meeting, staff reviewed the draft implementation of the facility identification card system proposed in the FY 06-07 Budget. Membership cards are currently in use to track participants in the fitness programs at North Lakes, Denia, and Martin Luther King, Jr. recreation centers. The Denton Senior Center Advisory Council has specifically requested adoption of the cards for the Center's use. The adoption of the identification card system would expand to the Senior and recreation centers for use at all drop-in activities starting on October 1 st. ACTION: Allyson made a motion to accept the facility identification card system and Reggie seconded the motion. The motion was approved with a vote of 6-0. Changes to General Fund Fee Schedule - John commented although not required, staff is requesting Board approval of changes to the General Fund Fee Schedule prior to the final adoption of the budget by Council. Amanda explained the changes in the fee schedule. ACTION: Ross made a motion to accept the proposed changes to the General Fund and Patrice seconded the motion. The motion was approved by a 6-0 vote. DIRECTOR'S REPORT Project Status Report - Janet said that the Avondale Park's new play equipment has been installed and is a great success with the neighborhood. Cindy showed the Board pictures of the before and after installation. Keep Denton Beautiful- Janet said that KDB will be hosting a waterway clean up and attending a Waste in Place training. There being no future business, the meeting was adjourned at 6:25 p.m. Exhibit 2 AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: City Manager's Office eM: Howard Martin, 349-8232 .. SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and Young Minority Entrepreneurs Institute, Inc. for provision of assistance to low to moderate income and disadvantaged children; providing for the expenditure of funds; and providing an effective date. BACKGROUND Council Member Charlye Heggins has made a request for the expenditure of $250.00 from her contingency account to be made to the Young Minority Entrepreneurs Institute, Inc. to provide mentoring and educational support to low and moderate-income secondary students that are interested in business and entrepreneurial opportunities. Per the contract, the funds are to be used to help pay for these cost. Funds will be distributed with appropriate receipts upon the approval of the ordinance by the City Council. Respectfully submitted: Howard Martin City Manager Prepared by: Linda Holley Executive Assistant S :\Our Doc.urnen1s\Ordinances\06\ Young Minority Entrepreneurs Institute OOO.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND YOUNG MINORITY ENTREPRENEURS INSTITUTE, INC. FOR PROVISION OF ASSISTANCE TO LOW TO MODERATE INCOME AND DISADVANTAGED CHILDREN; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTNE DATE. WHEREAS, the Young Minority Entrepreneurs Institute, Inc., a Texas non-profit corporation, (the "Organization") provide mentoring and educational support to low and moderate- income secondary students that are interested in business and entrepreneurial opportunities (the "Program"); and WHEREAS, the Organization and the City of Denton desire to enter into an agreement to provide for the continuance of the Program which agreement is substantially in the same form as the agreement attached hereto and made a part hereof by reference (the "Agreement"); and WHEREAS, the City Council of the City of Denton hereby finds that the Agreement between the City and the Organization attached hereto and made a part hereofby reference serve a municipal and public purpose and the Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 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 Manager, or his designee, is hereby authorized to execute the Agreement and to carry out the duties and responsibilities of the City under the Public Service Agreement, including the expenditure of funds, as provided in the Public Agreement. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006~ PERRY R~ McNEILL, MAYOR S:\Qur Documents\Ordinances\06\ Y Dung Minority Entrepreneurs Institute Ord.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: Page 2 S:\Our Documents\Contracts\06\Young Minority Entrepreneurs Agreementdoc SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND YOUNG MINORITY ENTREPRENEURS INSTITUTE, INC. This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter referred to as "City", and Young Minority Entrepreneurs Institute, Inc., a Texas Non-Profit Corporation, hereinafter referred to as "Young Minority Entrepreneurs Institute, Inc.": WHEREAS, City has determined that the proposal for services merits assistance and can provide needed services to citizens of City and has provided funds in its budget for the purpose of paying for contractual services; and WHEREAS, this Agreement serves a valid municipal and public purpose and is in the public interest as it will promote tourism and economic development within the City, among other things; NOW, THEREFORE, the parties hereto mutually agree as follows: I. SCOPE OF SERVICES Young Minority Entrepreneurs Institute, Inc. shall in a satisfactory and proper mamler perform the following tasks, for which the monies provided by City may be used: The funds being provided shall be used by Young Minority Entrepreneurs Institute, Inc. to provide mentoring and educational support to low and moderate-income secondary stud(...:.nts that are interested in business and entrepreneurial opportunities. II. OBLIGATIONS OF YOUNG MINORITY ENTREPRENEURS INSTITUTE, INC. In consideration of the receipt of funds from City, Young Minority Entrepreneurs Institute, Inc. agrees to the following terms and conditions: A. Two Hundred Fifty Dollars and no/lOO ($250.00) shall be paid to Young Minority Entrepreneurs Institute, Inc. by City to be utilized for the purposes set forth in Article I. B. Young Minority Entrepreneurs Institute, Inc. will maintain adequate records to establish that the City funds are used for the purposes authorized by this Agreement. C. Young Minority Entrepreneurs Institute, Inc. will permit authorized officials of City to review its books at any time. D. Upon request, Young Minority Entrepreneurs Institute, Inc. will provide to City its By Laws and any of its rules and regulations that may be relevant to this Agreement. E. Young Minority Entrepreneurs Institute, Inc. will not enter into any contracts that would encumber City funds for a period that would extend beyond the term of this Agreement. F. Young Minority Entrepreneurs Institute, Inc. will appoint a representative who will be available to meet with City officials when requested. G. Young Minority Entrepreneurs Institute, Inc. will submit to City copies of year-end audited financial statements. ill. TIME OF PERFORMANCE The services funded by City shall be undertaken and completed by Organization within the following time frame: September 26, 2006 through October 1, 2007, unless the contract is sooner terminated under Section vn "Suspension or Termination". IV . PAYMENTS A. PAYMENTS TO YOUNG MINORITY ENTREPRENEURS INSTITUTE, INc.. City shall pay to Young Minority Entrepreneurs Institute, Inc. the sum specified in Article IT after the effective date of this Agreement. B. EXCESS PAYMENT. Young Minority Entrepreneurs Institute, Inc. shall refund to Citywithin ten (10) working days of City's request, any sum of money which has been paid by City and which City at any time thereafter determines: 1) has resulted in overpayment to Young Minority Entrepreneurs Institute, Inc.; or 2) has not been spent strictly in accordance with the terms of this Agreement; or 3) is not supported by adequate documentation to fully justify the expenditure. v. EVALUATION Young Minority Entrepreneurs Institute, Inc. agrees to participate in an implementation and maintenance system whereby the services can be continuously monitored. Young Minority Entrepreneurs Institute, Inc. agrees to make available its financial records for review by City at City's discretion. In addition, Young Minority Entrepreneurs Institute, Inc. agrees to provi(le City the following data and reports, or copies thereof: A. All external or internal audits. Young Minority Entrepreneurs Institute, Inc. shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. An explanation of any major changes in program services. Page 2 of7 D. To comply with this section, Young Minority Entrepreneurs Institute, Inc. agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of funds received and the services performed under this Agreement. The record system of Young Minority Entrepreneurs Institute, Inc. shall contain sufficient documentation to provide in detail full support and justification for each expenditure. Young Minority Entrepreneurs Institute, Inc. agrees to retain all books, records, documents, reports, and written accounting procedures pertaining to the services provided and expenditure of funds under this Agreement for five years. E. Nothing in the above subsections shall be construed to relieve Young Minority Entrepreneurs Institute, Inc. of responsibility for retaining accurate and current records that clearly reflect the level and benefit of services provided under this Agreement. VI. DIRECTORS' MEETINGS During the term of this Agreement, Young Minority Entrepreneurs Institute, Inc. shall deliver to City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof wherein this program is a part of the subject matter of the meeting. Such notice shall be delivered to City in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. Young Minority Entrepreneurs Institute, Inc. understands and agrees that City's representatives shall be afforded access to all meetings of its Board of Directors. Minutes of all meetings ofY oung Minority Entrepreneurs Institute, Inc.' governing body shall be available to City within ten (10) working days of approval. VIT. TERMINATION The City may terminate this Agreement for cause ifY oung Minority Entrepreneurs Institute, Inc. violates any covenants, agreements, or guarantees of this Agreement, the Young Minority Entrepreneurs Institute, Inc. 's insolvency or filing ofbankruptcy, dissolution, or receivership, or the Young Minority Entrepreneurs Institute, Inc.' violation of any law or regulation to which, it is bound under the terms of this Agreement. The City may terminate this Agreement for other reasons not specifically enumerated in this paragraph. 'VID. EOUAL OPPORTUNITY AND COMPLIANCE WITH LAWS A. Young Minority Entrepreneurs Institute, Inc. shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. B. Young Minority Entrepreneurs Institute, Inc. will furnish all information and reports requested by City, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with loca:!, State and Federal rules and regulations. c. In the event of non-compliance by Young Minority Entrepreneurs Institute, Inc. with the non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in Page 3 of? whole or in part, and Young Minority Entrepreneurs Institute, Inc. may be barred from further contracts with City. IX. W ARRANTffiS Young Minority Entrepreneurs Institute, Inc. represents and warrants that: A. All information, reports and data heretofore or hereafter requested by City and furnished to City, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to City. B. Any supporting financial statements heretofore requested by City and fiLmished to City, are complete, accurate and fairly reflect the financial conditions of Young Minority Entrepreneurs fustitute, Inc. on the date shown on said report, and the results of the operation for the period covered by the report, and that since said data, there has been no material change, adverse or otherwise, in the financial condition of Young .Minority Entrepreneurs Institute, Inc.. C. No litigation or legal proceedings are presently pending or threatened against Young Minority Entrepreneurs Institute, Inc.. D. None of the provisions herein contravenes or is in conflict with the authority under which Young Minority Entrepreneurs Institute, Inc. is doing business or with the provisions of any existing indenture or agreement ofY oung Minority Entrepreneurs Institute, Inc.. E. Young Minority Entrepreneurs Institute, Inc. has the power to enter into this Agreement and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this Agreement. F. None of the assets ofY oung Minority Entrepreneurs Institute, Inc. are subject to any lien or encumbrance of any character, except for current taxes not delinquent, except as shown in the financial statements furnished by Young Minotity Entrepreneurs Institute, Inc. to City. Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the submission of each request for payment. x. CHANGES AND AMENDMENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or regulation. Page 4 of7 c. Young Minority Entrepreneurs Institute, Inc. shall notify City of any changes in personnel or governing board composition. XI. INDEMNIFICATION To the extent authorized by law, the Young Minority Entrepreneurs Institute, Inc. agrees to indemnify, hold harmless, and defend the CITY; its officers, agents, and employees from and against any and all claims or suits for injuries, damage, loss, or liability of whatever kind or character, arising out of or in connection with the performance by the Young Minority Entrepreneurs Institute, Inc. or those services contemplated by this Agreement, including all such claims or causes of action based upon common, constitutional or statutory law, or based, in whole or in part, upon allegations of negligent or intentional acts ofY oung Minority Entrepreneurs Institute, Inc., its officers, employees, agents, subcontractors, licensees and invitees. XII. CONFLICT OF INTEREST A. Young Minority Entrepreneurs Institute, Inc. covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Young Minority Entrepreneurs Institute, Inc. further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. Young Minority Entrepreneurs Institute, Inc. further covenants that no melnber of its governing body or its staff, subcontractors or employees shall possess any interest in or use hislher position for a purpose that is or gives the appearance ofbeing motivated by desire for private gain for himself/herself, or others; particularly those with which he/she has family, business, or other ties. C. No officer, member, or employee of City and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which he has direct or indirect interest. XID. ,NOTICE Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement 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, or via hand-delivery or facsimile, addressed to Young Minority Entrepreneurs Institute, Inc. or City, as the case may be, at the following addresses: Page 5 of7 CITY YOUNG MINORITY ENTREPRENEURS INSTITUTE, INC. City of Denton, Texas Attn: City Manager 215 E. McKinney Denton, TX 76201 Fax No. 940.349.8591 John E. Baines, President Young Minority Entrepreneurs Institute, Inc. 604 S. Elm Street Denton, TX 76201 Fax No. 940.382.9695 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. XIV. MISCELLANEOUS A. Young Minority Entrepreneurs Institute, Inc. shall not transfer, pledge or otherwise assign this Agreement or any interest therein, or any claim arising thereunder to any part)r or parties, bank, trust company or other financial institution without the prior written approval of City. B. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both 'parties hereto. c. In no event shall any payment to Young Minority Entrepreneurs Institute, Inc. hereunder, or any other act or failure of City to insist in anyone or more instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by City of any breach of covenant or default which may then' or subsequently be committed by Young Minority Entrepreneurs Institute, Inc.. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to City to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of City lnay waive the effect of this provision. D. This Agreement, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understanding, or other commitment occurring during the term of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment of this Agreement. E. This ,Agreement shall be interpreted in accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. Page 6 of7 IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this Agreement as of the day of , 2006. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, ITY ATTORNEY BY: YOUNG MINORITY ENTREPRENEURS INSTITUTE, INC. " ATTEST: BY: BOARD SECRETARY Page 7 of7 AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Scott Payne 349-7870 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance accepting sealed proposals and awarding a contract for Property, Boiler & Machinery, and Catastrophic Vehicle & Mobile Equipment Insurance Coverage for the City of Denton; providing for the expenditure of funds therefore and providing an effective date (RFSP 3554-Commercial Property Insurance; Catastrophic Vehicle and Mobile Equipment; and Boiler and Machinery awarded to Travelers Lloyd's Insurance company in annual amount of$251,004). BACKGROUND The City requested sealed proposals for Commercial Property, Boiler & Machinery, and Catastrophic Vehicle and Mobile Equipment Insurance coverage to protect its assets totaling over $250,000,000 in buildings, machinery and equipment, and contents. The Commercial Property policy insures our buildings and facilities from standard exposures to risk such as fire, windstorm, hail, and tornado. In addition the policy also includes coverage for physical damage due to a catastrophic event (tornado, windstorm, etc.) to our large vehicles and equipment (fire, dump, and refuse trucks), and limited coverage for floods. Through Request for Sealed Proposal (RFSP) #3554, the City of Denton received proposals for the City's Property, Boiler & Machinery, and Catastrophic Vehicle and Mobile Equipment Insurance coverage to be effective October 1, 2006. Staff evaluated and analyzed proposals submitted by the following: Allianz Global Risks US Insurance Company for the Property, including the Catastrophic Vehicle, in conjunction with St Paul Travelers on the Boiler and Machinery coverage, with an estimated premium of$249,711. Travelers Lloyd's Insurance Company submitted a proposal with an estimated premium of $251,004. Chubb Group of Insurance Companies, underwritten by Federal Insurance Company, submitted a proposal with an estimated premium of $251,875. Texas Municipal League Intergovernmental Risk Pool (TML) presented a quote with an estimated contribution of $263,247. Agenda Information Sheet September 26, 2006 Page 2 RECOMMENDATION We recommend award of RFSP 3554 to Travelers Lloyd's Insurance Company with an annual premium of $251,004. Travelers Lloyd's Insurance Company offers the most comprehensive coverage options including Flood Coverage for Zone X and full terrorism coverage. Additionally they were the only company to offer full limits to our Total Insured Value (TIV). The proposed premium represents a 7.87% savings over our expiring premium of $272,431. ESTIMATED SCHEDULE OF PROJECT The initial term of the contract for insurance coverage will be October 1, 2006 through September 30, 2007. Options for three additional one-year renewals subject to annual underwriting are also included. PRIOR ACTION The City Council previously approved awarding RFSP #3207 to McGriff, Seibels and Williams, the City's broker of record, for a proposal by Allianz Global Risks US Insurance Company and St. Paul Travelers in FY 04/05 at a premium of$248,659. The City renewed with Allianz and St. Paul Travelers in FY 05/06 at a premium of $272,431. FISCAL INFORMATION This item will be funded from account 860002.6703. 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"l:t N M~ CD N o o o o 0- o o 0- LO N f:I7 Lt) ,.... co~ Lt) N o > i= m o I- "l:t o ~~ Lt) N o o o o 0- o o 0- o N f:I7 ,.... Q')~ "l:t N o o o o 0- o o 0- o N f:I7 M N o ,.... N o ~ a> c:: c:: 0 c:: ~ .~ o CO CO cc:EE" E~Q;O "5o~c; s ~~ ~ <c:t:~Q; U a> > 0.0 OU ~ ORDINANCE NO. AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING A CONTRACT FOR PROPERTY, BOILER & MACHINERY, AND CATASTROPHIC VEHICLE & MOBILE EQUIPMENT INSURANCE COVERAGE FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFSP 3554-COMMERCIAL PROPERTY INSURANCE; CATASTROPHIC VEHICLE AND MOBILE EQUIPMENT; AND BOILER AND MACHINERY AWARDED TO TRAVELERS LLOYD'S INSURANCE COMPANY IN ANNUAL AMOUNT OF $251,004). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of Property Insurance coverage in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for proposal for materials, equipment, supplies or services, shown in the "Request Proposals" on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFSP NUMBER CONTRACTOR AMOUNT 3554 Travelers Lloyd's Insurance Company $251,004 SECTION 2. By the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and person submitting approved and accepted items and of the submitted proposals wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, 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, standards, quantities and specified sums contained in the Proposal 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 the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-RFSP 3554 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Eva Poole 349-8750 ACM: Jon Fortune II SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of audio visual services related to digitally imaged products for the City of Denton Library System available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; and providing an effective date (File 3600- Audio Visual Services for the city of Denton Library System awarded to Midwest Tape in the estimated amount of $165,000). FILE INFORMATION See Attachment 2 for details of services provided by Midwest Tape to the Denton Library System. Chapter 252 Section 022(E) of the Texas Local Government Code exempts the purchase of books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials from the competitive bid process. RECOMMENDA TION Award to Midwest Tape in the estimated amount of$165,000. PRINCIPAL PLACE OF BUSINESS Midwest Tape Holland, OH ESTIMATED SCHEDULE OF PROJECT This service will be used to purchase materials for the three City of Denton libraries on an as needed basis. FISCAL INFORMATION This item will be funded from account number 301000.8595. Agenda Information Sheet September 26, 2006 Page 2 Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Midwest Tape Pricing Attachment 2: Sole Source Letter l-AIS-3600 Attachment 1 MIDW T TAPf L1BRARIANS (lJ~ P.OI BQX 820 · HoUcndl Ohio 43528 Phone: 419.868.9370 · FaX: 419-868..9749 www.milllwesttapes.co.... septetnber iJ 2006 Eva Poole Denton Public Library 502 Oakland Street Denton, TX 76201 Dear Ms. Poole: The Denton Puhlic Library currently recelves a urlnimum of20~~ off suggested retail price witb a maxUnl'lm discount of 24 ~% on some stud10 products through ~...Iid-west Tape. Vrie are happy to be providing added value services QfProcessing at the cost of $2~OO for Single DVD items and $2~2:5 for Double disc: D\lD items. We also provide unedited M1\RC Records for $1.00 per rec9rd. Please allow us to assist you '\\1m any questions you may have -pertaining to this letter. Sincerely, /)! .- ~A.c.hIJ/ / j-- //?W;!fF~;~~ / /' ll1Stde' Sales Coonilnator ,-/ Nlid west Tape 800-875.. 27 85 Attachment 2 August30~ 2O(}6 QentOn"" Public L i btiu"Y .3'02~ LOCU$f $treet ~nton. TX 76209. To'Whom It May Concern:' MidWeSt.'Tipe"ls a. tul.l servtce:,~upp~ier of DV.Os'.: ~ndCps .to PUblic" Libraries. We are a sole source vendOr for.severa~, ~jc.es.that we offet. These s'eNi~ include::'Vari~ble.lntegrattd Processi.ng'.cVIP)~ ()c.Le MARC' R~co~. 'CustolJ1.i~d, S~.lediQn. Lijts,. F~ 'ord~r ~~ -Shelf R~ady Product, Ou~raJl~e4 ~livery: by ReJease:'.Due~. Pto.eurement..of.Lo~l Area .Music "CP$~. and Streamlined' ,WOrkfl.OW$:. with Itmovative-..Intetf~es ~'; . . ~ . V'arm'b.te'lntean.ted PttJeesShtg (VI Pl' aIlows>tne.., I)en~ .Public LJl;r.rary t~. obtain .high :.quality. digitally i~, 'prodUct .thQt.Js' ,imn1ediat~\y reild)',t<J .be c~Jat~ :The' .bene.flt~finclu'de: ~ tabel plaeetnent "" =:;:t:l=d~:rli:'~===~:=~~eBay),andit saVes thtl~ the txpctl$e()f "ThroU&h..oUt uniqli:e:p1Utfi~hlP'With OC&C.W.~ ca".guanmt~e a full M.ARC 'recotd fot.every titlt that your llbrary'p\l(Ch_sJrom' QS; The.cost.oforiginal eataI()ging:'carfbe,:..,extremely expen,Slve (often $3:0~S lOO..per ite.m)t (Jut .~~ttl.w-itb the DtntOtf.Pu.bUc...t.lbntry. i$.;5.1 ~oo .pet.titlc,'for -DVDs..even if we..net<f"-"to' .dltaI:og;:.an obscure; title.' that: has ,;nevef. beett :catalOgCd'..-~()re.~. In oonjunction with. our .VIP' processIng; th is. aJlows'.your l.itmUy to get. completely s'llelHe'ad.y;prodtret that-ha$ been'.custotDi2~d'to your cata.loging: . ~pecifi~ti()nsand l(}ad~ into yol;lt lJifiOvati-ve: lntetface$:system. . Custo m"~' Selection Lists. :is'~ fre.e Sf:,rv ice that we prQvide; to -the.-' D en to n. '.PubHc. Library.. ill. order to ,save' tim~ .i n co Uect.ion '.development Out Jeam ':of ccl.tectlon development ':$pecial ists has ("reate<La profile' . aruuI1d....he. needs . (if yQUt'.'1 ibrary ~ This ensures. that y(tur I ibraJ'y wHl.oot miS$ .any relevarit t.itles that. come QUL The M.i.d~ T-ape; website al1o'ws' the .Denton :PubUc, ',L.ibrary to Oybtain Free O.rde.r ,Records for,all titles Qrdered. t.hus e li rrt.i'natiog .the.. ne'ed:. for hand-entering. titles i r'lto your acq u'isit.ions system ~ Othu ve-n<k>rs charge a .te'c for this servic.e if it is :ava.ilabl.e. at, all. Midwest Tape also o.ffers free technical su.pport and custQm izaQon _ of the. teC<Jrd$; 'Midwest Tape C n'n n tees. Deli.very by, ..Release, .Date for pop ular tides. -Popu lar items 'are sh ipped . .processed 'and cataloged so that .your. Hbrary can ~pul the. items'.'on. your. shelves the. sam.e day, as.~a.:.retaU store. No"otber .vendor can offer-.thisJeve'l of'serv,ice~ Th.ts .aUo'ws .your library's collection: to stay c:urrent.'wbile .increasing your. circulations.. Procurement o.r Loca.J A rea 'M.usic. CDs~~has been .set up to atlow' your'} ibrary' to acquire music 'by.local . 'arfists through:; '3' partnership with ..Re'cycled Books~ Thi$' wtn 'allow your Ubraty to. purchase - the. titles :you need . whne.':sti U getting' catalog'log'-and. processing from M.idwest Tape~ 'W,; have partnered w-ith Innov'ative.'1 nterfaces: to S.treamlin.e Wo,rknows,' ror- your library.. Denton Public Library. can. be on the' Midwest Tape website: and, :Iook. up .whe.ther :they O\vn a particular tit Ie using Open .1JRL ~We:'afso.su.pport9xx orderin~ 'Z39..50" Inventory 'Expr~. BJSA'C'-ordeting, EDIF ACT ordering, .e lectrOnie~invo.icmgf' ~d. ertmil t~.. acknowle'qgem'en~ A.U ofYthese .services are..'.free. .along with ::any- t~chn.~~l. support or ~m-jzAtiOn tb~~ your. 'li~raty.: requires~ =~~~~w:.y ~~d;ee::b~te~:lq:;:c~e:':r;Z I=P:=~l:t~.:raet~es wtthQut: ~ficirig qpaIiJY.' "Sin~~ty~ _ . ',. "C)cjf '~'" . . - . . . . . . .. .. . . . . . . Je,lf.hutkowski Vice.:'President. ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF AUDIO VISUAL SERVICES RELATED TO DIGITALLY IMAGED PRODUCTS FOR THE CITY OF DENTON LIBRARY SYSTEM, AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (FILE 3600- AUDIO VISUAL SERVICES FOR THE CITY OF DENTON LIBRARY SYSTEM AWARDED TO MIDWEST TAPE IN THE ESTIMATED AMOUNT OF $165,000). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as described in the "File" listed hereon, and on file in the office of the Purchasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR ESTIMATED AMOUNT 3600 Midwest Tape $165,000 SECTION 2. The acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 3. The City Manager is hereby authorized to execute any contracts relating to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: 3-0RD-File 3600 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 ACM: Jon Fortune Ii SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the one-time purchase of primary and secondary insulated electric distribution cables for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3555-0ne- Time Purchase of Electric Distribution Cables awarded to the lowest responsible bidder meeting specification for each item for a total award in the amount of $911,841). The Public Utilities Board recommends approval (6-0). BID INFORMATION Bid #3555 is to supply primary 15kV and secondary 600V insulated electric cable that Denton Municipal Electric (DME) uses to distribute primary and secondary underground electrical service. The electric cable types covered by this bid are insulated electric conductors that are used in underground electrical applications. Primary and secondary insulated cable is necessary to provide electric service. If cable is not available, existing underground cable that fails cannot be replaced to restore service to customers, and underground service cannot be extended to new residential and commercial customers. Standard City of Denton purchasing procedures were followed, and 14 notices were provided to prospective bidders. Eight bids were received. The bid evaluations are summarized in Attachment 1. Only Techline, Inc. and Hughes Supply submitted bids in accordance with the specification with pricing that would remain firm long enough to allow for the city's approval process. The other six bidders took exceptions to the specification and required adjustments be made in their bid prices based on the metals market. The noncompliance of six bidders is indicative of the volatility in the market place at this time. Three examples of the escalation in electric cable prices are listed in the table below. Prices are from the lowest bidders in September 2005 and August 2006. $7.34 per foot $5.20 per foot $1.50 per foot $14.06 per foot $9.85 per foot $3.25 per foot 92% 89% 117% The exceptions to the bid that the six vendors stated limit the City's ability to make exact comparison of bids. The bid was structured as a one-time purchase in an attempt to avoid this problem. Agenda Information Sheet September 26, 2006 Page 2 BID INFORMATION (CONTINUED) Until recently, it has been our practice to utilize annual or multi-year material purchasing agreements. This has allowed purchase of materials, based on council approved unit costs, closer to the times actually needed without having to go through the purchasing approval process several times in a year for the same item. Because of the volatility in the metals market and the longer material lead times, vendors are now typically refusing to bid on these kinds of agreements. If they do bid, they greatly inflate prices to protect what they predict would be the worst case, or highest material cost, throughout the term of the agreement. For DME to continue to seek longer term agreements in the present market would mean paying much higher prices than for one-time purchases at least for items ordered early in the agreement's time period and may limit opportunity to obtain the benefit of lower prices should the market stabilize or moderate. Present project requirements and inventory do not require placing an order for line items 4,10-12 or 16. Quantities for this purchase were based on review of planned projects for the next six months and taking into account historical cable usage and existing warehouse inventory. A six month quantity was ordered because the current cable delivery lead-time is four months and the total time required to bid and meet the schedules for Public Utility Board and City Council approvals can take from six to twelve weeks. The Techline Inc., and the Hughes Supply bids are the two lowest responsible bidders for all line items that meet specifications. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board approved this item at its September 11, 2006 meeting. RECOMMENDA TION Award items 1-3,5-7,9,13-15, and 18 to Techline, Inc. in the amount of $893,791 and items 8 and 17 to Hughes supply in the amount of$18,050 for a total bid award of$911,841 PRINCIPAL PLACE OF BUSINESS Hughes Supply Corinth, TX Techline, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This is a one-time purchase with delivery estimated to be from in stock to 14 weeks depending upon the item. Agenda Information Sheet September 16, 2006 Page 3 FISCAL INFORMATION Cable purchased from this bid will be used for capital projects from bonds. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet l-AIS-Bid 3555 c Q) E ..c u 2 <( 00 :::::s L!) O'l L!) :::::s L!) <( C") W =1:1:: I- o <( in 0 0:: o c z w > 0:: o c z w > 0:: o c z w > 0:: o c z w > 0:: o c z w > 0:: o c z w > 0:: o c z w > 0:: o c z w > Cf) W .....J eo <( U Z o i= :::::> eo a: I- Cf) o U a: I- U W .....J W a: o <D LL g W C'\I Cf) C'\I- <( C'\I ~ a: :::::> a... W .....J (9 Z U5 -ci ::J a.>- .~ ::c U a.> I- c ~? ..ceo E a.> U'J...... .- rn o c o Q; u_ U'J<( a.> '-' S c o :s ..c .C 00 (5 o U U'J a.> S .~ ..- .;::-e ~in iIi2 s..... rn rn c ..c s..... >.2 ~<( (9'-' U .C 13 a.> iIi rn ..c >. rn o Cf) ~ Cf) :::::> U W I- >. c.. 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Q) 15 _U'J E ...... c .~ .8 a3 ~ 1 ~ ~ .9- ~ ~~~ Cf) U'J rn 0 C'\I -.;t en ~ $ -.;t o 15 a5 TI~~ ~:::::>~ ~ u Cl.. U'Joo .g ~ ~ a..u:;:; C'\I en ~ $ -.;t o 15 a5 TI~~ ~::)~ ~ u Cl.. ~~~ ~8~ C'\I <0 C'\I o~ 6 TI.5-g-g~ ~~~2~ ~rnE~-t5 U'J U'J U'J = :::::s .~ -ffi ~ .~ .;:: O:E3~2 <0 L!) en ~ $ o rn u c O'l rn o .~ >< E .g ~ en .;: a.. 0 .~ U'J ."'C E Q.) U'J Q.) C u E U'J rn 'C Q.) rn :::::s a.. ._ ..c cr ~ u o U5 o o ~ u o U5 >< ~ g 0:;:; U rn U'Jrn .2 ~ a.. Q.) o U'J >. rn "'C I .~ Q.) "'C rn E Q.) ~ ..c Q.) c"E rn 0 u_ ~~ Q.) Cl.. .:::: 'Q) ~ ~ en c Q.) E E o u U'J -0:; "'C "'C in c o C Q.) o eo o LL Q.) ..c rn ..c U'J U'J Q.) U ~ ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE ONE-TIME PURCHASE OF PRIMARY AND SECONDARY INSULATED ELECTRIC DISTRIBUTION CABLES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE (BID 3555-0NE- TIME PURCHASE OF ELECTRIC DISTRIBUTION CABLES AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION FOR EACH ITEM FOR A TOTAL AWARD IN THE AMOUNT OF $911,841 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 therefore; 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 NUMBER VENDOR AMOUNT 3555 3555 1-3,5-7,9,13-15,18 8,17 Techline, Inc. Hughes Supply Exhibit A Exhibit A SECTION 2. City Council finds the bids submitted by Stuart Irby, TEC US & S, Graybar Electric and Wesco Distribution did not meet specifications and are therefore rejected. SECTION 3. 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 4. 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 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~ ~ 3-0RD-3555 - - -~ 3 BI D #3555 Exhibit A DATE: August 22,2006 SINGLE PURCHASE FOR ELECTRIC DISTRIBUTION CABLES VENDOR VENDOR Hughes Supply Techline, Ltd. Principle Place of Business: Corinth, TX Fort Worth, TX Cable, 750 Cu, EPR Primary, Shielded (See 280-80-11 0 Shielded EPR detail section) 30,000 ft. $14.06 2,000 ft minimum reel lengths Cable, 500 Cu, EPR Primary, Shielded (See 280-80-1 00 Shielded EPR detail section) 2,500 ft 7,500 ft. $9.85 minimum reel lengths Cable, 250 Cu, EPR Primary, Shielded (See 280-80-080 Shielded EPR detail section) 3,000ft 3,000 ft. $5.50 minimum reel lengths Cable, AL 4/0 1-Phase, Primary, Full 280-80-056 Concentric Neutral, Strand Filled, 220 Mil. Oft. (See Concentric EPR detail section) 4,0000 minimum reel lengths Cable, AL 4/0 1-Phase, Primary, 1/3 280-80-055 Reduced Concentric Neutral, Strand Filled, 12,000 ft. $2.21 220 Mil. (See Concentric EPR detail section) 4,0000 min. reel lengths Cable, AL #2 1-Phase, Primary, Full 280-80-010 Concentric Neutral, Strand Filled, 220 Mil. 84,000 ft. $1.546 (See Concentric EPR detail section) 6,000ft minimum reel lengths Cable, AL #2 3-Phase, Primary, 1/3 280-80-040 Reduced Concentric Neutral, Strand Filled, 7,500 ft. $4.61 220 Mil. (See Concentric EPR detail section) 2,5000 minimum reel lengths Cable, 350 AL-350 AL-4/0 AL, 600V XLP, 280-35-230 37,37,19 Strand (Wesleyan) 3-Yellow 5,000 ft. $2.49 longitudinal stripes on Neutral 1,000 ft minimum reel lengths Cable, 4/0-4/0-2/0 AL, 600V XLP, 19 280-80-060 Strand (Sweetbriar) 3- Yellow longitudi nal 77,000 ft. $1.5313 stripes on Neutral 1,000 ft minimum reel lengths Cable, 2/0-2/0-#1 AL, 600V XLP, 19 10 280-80-070 Strand (Converse) 3-Yellow longitudinal Oft. stripes on Neutral 1,000 ft minimum reel lengths 11 280-24-340 Cable, 500 Cu., 600V XLP, 37 Strand Oft. 1,000 ft minimum reel lengths 12 280-35-220 Cable, 250 Cu., 600V XLP, 37 Strand Oft. (Hofstra) 1,000 ft minimum reel lengths 13 280-24-300 Cable, 4/0 Cu., 600V XLP, 19 Strand 1,000 1,000 ft. $3.95 ft minimum reel lengths Wire, 4/0 Soft Drawn Bare Copper, 19 14 280-16-220 Strand (Nehring) 16,500 ft. $3.25 1,500 ft minimum reel lengths 15 280-24-280 Cable, 2/0 Cu., 600V XLP, 19 Strand 1,000 1,000 ft. $2.53 ft minimum reel lengths 16 280-24-260 Cable, #2 Cu., 600V XLP, 7 Strand 1,000 ft Oft. minimum reel lengths Cable, #6 AL Duplex 600V 7 Strand XLP, 17 280-35-010 (Claflin) for Street Lite use 16,000 ft. $0.35 4,000 ft minimum reel lengths Cable, AL 1/0 1-Phase, Primary, Full 18 N/A Concentric Neutral, Strand Filled, 220 Mil. 6,000 ft. $2.107 (See Concentric EPR detail section) 6,000 ft minimum reel lengths Manufacturer Quoted: Okonite, Prysmian Cables & Southwire, Hehring Systems Authorized Distributor by Manufacturer? Yes Yes YES or NO Addendum #1 YES or NO Yes Yes Delivery can be made in _ days of Stock - 10 wks. Stock - 14 wks. receipt of order. Prices firm on all Bidder's Comments: items. Pricing N/A based on exact quantities. *Prices shall be FOB Denton AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Sharon Mays 349-8487 ACM: Jon Fortune . SUBJECT Consider adoption of an Ordinance accepting competitive bids and awarding a contract for the single purchase of overhead polemounted and underground padmounted distribution transformers for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing for an effective date (Bid 3588-Single Purchase of Overhead Polemounted and Underground Padmounted Distribution Transformers awarded to the lowest responsible bidder meeting specification for each item for a total award amount of $1,292,898). The Public Utilities Board recommends approval (6-0). BID INFORMATION Bid #3588 is to supply overhead and underground distribution transformers that Denton Municipal Electric (DME) uses to serve residential and commercial customers. Transformers are necessary to provide electric service. Distribution transformers are used to change voltages from 13,200 / 7,620 to lower voltages that can be used by customers. If transformers are not available, existing units that fail cannot be replaced, and service cannot be extended to new residential and commercial customers. The transformer industry continues to be affected by escalating raw material prices and high demand caused by growth and last year's hurricanes. Key material components used in the manufacture of transformers include high quality silicon core steel, copper, aluminum, oil, steel and paper insulation. The Japanese government ordered all transformers used in their country be more energy efficient; thereby increasing the demand for higher-grade core steel, which is more energy efficient and it has impacted global availability. This distribution transformer purchase recommendation is based upon the total cost of operation for each size transformer utilizing an industry standard formula that includes initial cost, full load losses and no-load loss costs. Losses directly correlate with the efficiency of the transformer. Since the transformers are continuously connected to the electric system the loss measured in watts adds up over the multiple decade life of the transformer. The lower the losses, the less the transformer will cost to operate. Agenda Information Sheet September 26, 2006 Page 2 BID INFORMATION (CONTINUED) Standard City of Denton purchasing procedures were followed fifteen (15) notices were provided to prospective bidders. Five bids were received. The bid evaluations are summarized in Attachment 1. Four of the five bidders submitted bids in accordance with the specification with pricing that would remain firm long enough to allow for the city's approval process. The KBS Electrical Distribution bid was disqualified due to numerous exceptions to the specification and required adjustments be made in their bid prices based on the metals market and actual transformer delivery lead times that extended out to 50 weeks, which fails to meet DME customer and project requirements. Transformers units quoted with aluminum primary and/or secondary coil windings do not meet bid specifications. Three examples of the escalation in electric distribution transformer prices are listed in the table below. Prices are from the lowest bidders in January 2005 and August 2006. $19,434 $1,921 $575 $30,528 $3,378 $1,170 57% 76% 103% This summer, all transformer manufacturers opted to exercise their 30-day agreement termination clause and cancelled the previous multi-year purchasing agreements with the City of Denton due to significant raw material price increases. This bid was structured as a one-time purchase in an attempt to avoid the problem of escalating unit prices over a period of time. Until recently, it has been DME's practice to utilize annual or multi-year material purchasing agreements. This has allowed purchase of materials, based on council approved unit costs, closer to the times actually needed without having to go through the purchasing approval process several times in a year for the same item. Because of the volatility in the metals market and the longer material lead times, vendors are now typically refusing to bid on these kinds of contracts. If they do bid, they greatly inflate prices to protect what they predict would be the worst case, or highest material cost, throughout the term of the agreement. For DME to continue to seek longer term agreements in the present market would mean paying much higher prices than for one-time purchases, at least for items ordered early in the agreement's time period, and may limit opportunity to obtain the benefit of lower prices should the market stabilize or moderate. Quantities for this purchase were based on review of planned projects for the next six months, taking into account historical transformer usage and existing warehouse inventory. A six month quantity was ordered because the current transformer delivery lead-time is six months and the total time required to bid and meet the schedules for Public Utility Board and City Council approvals can take from six to twelve weeks. Agenda Information Sheet September 26, 2006 Page 2 BID INROMATION (CONTINUED) The Hughes Supply, Pauwels, Techline, and Wesco distribution transformer bids are the lowest responsible bidders for all line items that meet specifications. PRIOR ACTION/REVIEW (COUNCIL.. BOARDS.. COMMISSIONS) The Public Utilities Board approved this item at its September 11, 2006 meeting. RECOMMENDA TION Award items 1-3 and 5 to Hughes Supply, items 12-21 to Paulwels, items 4, 8-10 to Techline Inc. and items 6,7 and 11 to Wesco Distribution. PRINCIPAL PLACE OF BUSINESS Hughes Supply Corinth, TX Paulwels c/o Fred Oberlender & Assoc., Inc. Dallas, TX Techline, Inc. Fort Worth, TX Wesco Distribution Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT Delivery can be made within 17-40 weeks from receipt of an order depending on the vendor. FISCAL INFORMATION The transformers purchased from this bid will be used for approved capital projects. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Tabulation Sheet l-AIS-Bid 3558 Attachment 1 Bid # 3588 Date: August 29, 2006 Single Purchase for Overhead Polemounted and Underground Pad-Mounted Distribution Transformers COD 1-Time ITEM Warehouse Order DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR # Qty. KBS Electrical Pauwels Wesco Distribution Techline, Ltd. Hughes Supply Distribution c/o Fred Oberlender & Assoc., Inc. Principle Place of Business: Fort Worth, TX Fort Worth, TX Corinth, TX Bryan, TX Dallas, TX OVER...EAD - POI..EMOUN...ED "'RANSFORMERS 1 28586000 3 TRANSFORMER, 10 kVA 120/240v $1,398.82 $1,384.00 $1,170.00 $1,087.00 No Bid 2 28586005 1 TRANSFORMER, 15 kVA 120/240v $1,798.82 $1,605.00 $1,270.00 $1,199.00 No Bid 3 28586010 15 TRANSFORMER, 25 kVA 120/240v $1,471. 59 $1,993.00 $1,595.00 $1,455.00 No Bid 4 28586015 7 TRANSFORMER, 50 kVA 120/240v $2,375.29 $2,565.00 $2,280.00 $1,998.00 No Bid 5 28586020 3 TRANSFORMER, 75 kVA 120/240v $3,681.18 $3,800.00 $3,294.00 $2,420.00 No Bid 6 28586025 2 TRANSFORMER, 100 kVA 120/240v $3,377.90 $4,689.00 $3,860.00 No Bid No Bid Transformer Manufacturer: - ABB Howard Industries G.E. Cooper No Bid Only NEW parts & equipment are used in the manufacture of supplied Yes Yes Yes Yes No Bid transformers: YES or NO Authorized Distributor by Manufacturer? Yes Yes Yes Yes No Bid YES or NO Delivery can be made within _ 24 - 31 28 17 38 - 40 No Bid weeks of receipt of order. UNDERGROUND - PADMOUN"'ED SINGI..E-P...ASE "'RANSFORMERS 7 28586035 7 PMT TRANSFORMER, UG 25 kVA $2,792.94 $2,887.00 $2,862.00 $3,114.00 No Bid 240/120 8 28586040 59 PMT TRANSFORMER, UG 50 kVA $2,304.55 $3,780.00 $3,429.00 $3,238.00 No Bid 240/120 9 28586045 123 PMT TRANSFORMER, UG 75 kVA $2,601.14 $4,492.00 $3,939.00 $4,256.00 No Bid 240/120 10 28586050 17 PMT TRANSFORMER, UG 100 kVA $2,775.00 $5,461.00 $5,020.00 $4,586.00 No Bid 240/120 11 28586055 12 PMT TRANSFORMER, UG 167 kVA $7,040.91 $8,850.00 $6,690.00 $6,570.00 No Bid 240/120 UNDERGROUND - PADMOUN"'ED ......REE-P...ASE "'RANSFORMERS 12 28586075 1 TRANSFORMER, 3PH. UG 75 kVA $8,552.94 $10,550.00 $7,650.00 $9,750.00 $6,663.00 208Y /120 13 28586080 5 TRANSFORMER, 3PH. UG 112.5 kVA $9,627.06 No Bid $8,320.00 $10,081.00 $7,417.00 208Y /120 14 28586090 7 TRANSFORMER, 3PH. UG 225 kVA $9,487.06 No Bid $11,090.00 $12,958.00 $9,013.00 208Y /120 15 28586095 1 TRANSFORMER, 3PH. UG 300 kVA $11,765.88 No Bid $12,255.00 $14,483.00 $10,060.00 208Y /120 16 28586100 1 TRANSFORMER, 3PH. UG 500 kVA $13,990.59 No Bid $17,680.00 $18,101.00 $13,030.00 208Y /120 17 28586105 1 TRANSFORMER, 3PH. UG 750 kVA $24,035.29 No Bid $18,980.00 $25,034.00 $21,651.00 208Y /120 18 28586115 1 TRANSFORMER, 3PH. UG 112.5 kVA $9,516.47 No Bid $7,640.00 $10,470.00 $7,367.00 480Y /277 19 28586120 4 TRANSFORMER, 3PH. UG 150 kVA $10,905.88 No Bid $10,260.00 $10,968.00 $7,793.00 480Y /277 20 28586125 3 TRANSFORMER, 3PH. UG 300 kVA $14,996.47 No Bid $11,750.00 $14,592.00 $9,985.00 480Y /277 21 28586145 1 TRANSFORMER, 3PH. UG 1500 kVA $31,183.53 No Bid $31,330.00 $39,160.00 $30,528.00 480Y /277 Transformer Manufacturer: ABB Howard Industries G.E. Cooper Pauwels 1 PH. 3 PH. Only NEW parts & equipment are used in the manufacture of supplied Yes Yes Yes Yes Yes transformers: YES or NO Authorized Distributor by Manufacturer? Yes Yes Yes Yes Yes YES or NO Delivery can be made within _ 24 - 40 28 17 1 PH: 48 - 50 25 - 30 weeks of receipt of order. 3PH:28-30 Attachment 1 Bid # 3588 Date: August 29, 2006 Single Purchase for Overhead Polemounted and Underground Pad-Mounted Distribution Transformers Principle Place of Business: Bidder's Comments: *Prices shall be FOB Denton, via flatbed truck or trailer. Wesco Distribution Hughes Supply Techline, Ltd. Fort Worth, TX Fort Worth, TX Corinth, TX Prices firm until 9/16/06 for OH. Prices firm until 9/12/06 for UG. Items 8-10 contains Aluminum winding instead of Copper. See bid for additional exceptions on technical specifications. See bid for Prices firm for one- exceptions on time purchase. technical specifications. KBS Electrical Distribution Bryan, TX Prices firm until 9/28/06; subject to Cooper's Product Index for shipment past quoted lead times. See bid for technical exceptions. Pauwels c/o Fred Oberlender & Assoc., Inc. Dallas, TX See bid for technical exceptions. ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE SINGLE PURCHASE OF OVERHEAD POLEMOUNTED AND UNDERGROUND P AD MOUNTED DISTRIBUTION TRANSFORMERS FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FORAN EFFECTIVE DATE (BID 3588-SINGLE PURCHASE OF OVERHEAD POLEMOUNTED AND UNDERGROUND P ADMOUNTED DISTRIBUTION TRANSFORMERS AWARDED TO THE LOWEST RESPONSIBLE BIDDER MEETING SPECIFICATION FOR EACH ITEM FOR A TOTAL AWARD AMOUNT OF $1,292,898). 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 therefore; 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 ITEM NUMBER NUMBER VENDOR AMOUNT 3588 1-3, 5 Hughes Supply Exhibit A 3588 12-21 Paulwels c/o Fred Oberlender Exhibit A and Associates, Inc. 3588 4, 8-10 Techline, Inc. Exhibit A 3588 6, 7, 11 Wesco Distribution Exhibit A SECTION 2. City Council finds the bid submitted by KBS Electrical Distribution did not meet specifications and is therefore rejected. SECTION 3. 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 4. 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 5. 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 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of , 2006. PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ~~ 3-0RD-Bid 3558 Exhibit A Bid # 3588 Date: August 29, 2006 Single Purchase for Overhead Polemounted and Underground Pad-Mounted Distribution COD l-Time ITEM Warehouse Order DESCRIPTION VENDOR VENDOR VENDOR VENDOR ## Qty. Pauwels Wesco Distribution Techline, Ltd. Hughes Supply c/o Fred Oberlender & Assoc., Inc. Principle Place of Business: Fort Worth, TX Fort Worth, TX Corinth, TX Dallas, TX OVERHEAD - POI..EMOUN....ED ....RANSFORMERS 1 28586000 3 TRANSFORMER, 10 kVA 120/240v $1,170.00 2 28586005 1 TRANSFORMER, 15 kVA 120/240v $1,270.00 3 28586010 15 TRANSFORMER, 25 kVA 120/240v $1,595.00 4 28586015 7 TRANSFORMER, 50 kVA 120/240v $2,565.00 5 28586020 3 TRANSFORMER, 75 kVA 120/240v $3,294.00 6 28586025 2 TRANSFORMER, 100 kVA 120/240v $3,377.90 Transformer Manufacturer: - ABB Howard Industries G.E. No Bid Only NEW parts & equipment are used in the manufacture of supplied Yes Yes Yes No Bid transformers: YES or NO Authorized Distributor by Manufacturer? Yes Yes Yes No Bid YES or NO Delivery can be made within _ 24 - 31 28 17 No Bid weeks of receipt of order. UNDERGROUND - PADMOUN....ED SINGI..E-PHASE ....RANSFORMERS 7 28586035 7 PMT TRANSFORMER, UG 25 kVA $2,792.94 240/120 8 28586040 59 PMT TRANSFORMER, UG 50 kVA $3,780.00 240/120 9 28586045 123 PMT TRANSFORMER, UG 75 kVA $4,492.00 240/120 10 28586050 17 PMT TRANSFORMER, UG 100 kVA $5,461.00 240/120 11 28586055 12 PMT TRANSFORMER, UG 167 kVA $7,040.91 240/120 UNDERGROUND - PADMOUN....ED ....HREE-PHASE ....RANSFORMERS 12 28586075 1 TRANSFORMER, 3PH. UG 75 kVA $6,663.00 208Y /120 13 28586080 5 TRANSFORMER, 3PH. UG 112.5 kVA $7,417.00 208Y /120 14 28586090 7 TRANSFORMER, 3PH. UG 225 kVA $9,013.00 208Y /120 15 28586095 1 TRANSFORMER, 3PH. UG 300 kVA $10,060.00 208Y /120 16 28586100 1 TRANSFORMER, 3PH. UG 500 kVA $13,030.00 208Y /120 17 28586105 1 TRANSFORMER, 3PH. UG 750 kVA $21,651.00 208Y /120 18 28586115 1 TRANSFORMER, 3PH. UG 112.5 kVA $7,367.00 480Y /277 19 28586120 4 TRANSFORMER, 3PH. UG 150 kVA $7,793.00 480Y /277 20 28586125 3 TRANSFORMER, 3PH. UG 300 kVA $9,985.00 480Y /277 21 28586145 1 TRANSFORMER, 3PH. UG 1500 kVA $30,528.00 480Y /277 Transformer Manufacturer: ABB Howard Industries G.E. Pauwels 1 PH. 3 PH. Only NEW parts & equipment are used in the manufacture of supplied Yes Yes Yes Yes transformers: YES or NO Authorized Distributor by Manufacturer? Yes Yes Yes Yes YES or NO Delivery can be made within _ 24 - 40 28 17 25 - 30 weeks of receipt of order. Bid # 3588 Date: August 29, 2006 Single Purchase for Overhead Polemounted and Underground Pad-Mounted Distribution Principle Place of Business: Bidder's Comments: *Prices shall be FOB Denton, via flatbed truck or trailer. Exhibit A Wesco Distribution Fort Worth, TX Prices firm until 9/16/06 for OH. Prices firm until 9/12/06 for UG. Items 8-10 contains Aluminum winding instead of Copper. See bid for additional exceptions on technical specifications. Techline, Ltd. Fort Worth, TX Hughes Supply Corinth, TX See bid for Prices firm for one- exceptions on time purchase. technical specifications. Pauwels c/o Fred Oberlender & Assoc., Inc. Dallas, TX See bid for technical exceptions. CITY OF DENTON CITY COUNCIL MINUTES August 15,2006 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, August 15,2006 at 2:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor McNeill; Deputy Mayor Pro Tern Mulroy; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: Mayor Pro Tern Kamp. 1. The Council received a report, held a discussion, and gave staff direction regarding the 2006-07 Budget and the 2006-2011 Capital Improvement Program. Jon Fortune, Assistant City Manager, stated that this was a follow-up to the budget presentation of August 2 for any questions that Council might have. McElroy asked if any figures on the appraisals had changed. Fortune stated no. Fortune also advised the Council that there would be public hearings on September 12 and September 19 when citizens could comment regarding the budget. 2. The Council received information, held a discussion and gave direction regarding city recognition and support for the establishment of a charter school (NorthPointe Academy) by University Behavioral Health of Denton. Interim City Manager Howard Martin stated that UBH simply wanted a letter of recommendation from the City. The Denton ISD had already given them a letter of recommendation. General consensus of the Council was for the Mayor to write a letter on behalf of all of the Council. 3. The Council received a report, held a discussion and gave staff direction on proposed amendments to the Development Code related to infill development regulations. (DCA05-0005) Kelly Carpenter, Director of Planning and Development, briefed the Council on the issues raised at a work session in January 2006. Carpenter stated that the proposed ordinance addressed these issues. Carpenter also reviewed the proposed map of infill areas. Council directed staff to add the words "redevelopment" to the title of the ordinance and all appropriate sections of the ordinance and to go forward with the ordinance and hold a public hearing on September 12. The Council considered item #5. 5. The Council received a report, held a discussion and gave staff direction regarding proposed Charter Amendments. Mayor McNeill acknowledged the superb work the Charter Review Committee had done in reviewing the proposed Charter amendment propositions. Ed Snyder, City Attorney, stated the committee met eight different times. He acknowledged the committee members' work on the review of the Charter. Snyder stated the Council had been City of Denton City Council Minutes August 15,2006 Page 2 provided with 23 proposed Charter amendment propositions. They had also been provided of list of revisions that had been rejected by the committee. Snyder stated that the only proposition that did not receive favorable recommendation from the committee was Proposition 20 (exercising of governmental functions). Snyder reviewed the propositions: Proposition No.1 - Annexations - committee recommended five-sevenths vote of City Council for current four-fifths. Proposition No.2 - No Expansion of Liability. Proposition No.3 - City Council Members Term of Office - The committee had a split vote (4- 3). The Council discussed the advantages to the City and the challenges of implementing the new term limits. Proposition 4 - Council Meetings Proposition 5 - Council Minutes Proposition 6 - City Auditor Proposition 7 - Powers of Council Proposition 8 - Introduction of Ordinances Proposition 9 - City Manager and Subordinates Proposition 10 - City Attorney Proposition 11 - Budget Proposition 12 - Bond Elections Proposition 13 - Sale of Bonds Proposition 14 - Planning and Zoning Commission Proposition 15 - Planning and Zoning Commission Powers and Duties Proposition 16 - Legal Effect of Master Plan Proposition 17 - Platting and Subdivision Control Proposition 18 - Regulation of Construction Proposition 19 - Slum Clearance and Rehabilitation of Blighted Areas Consensus of the Council was to continue the discussion on the proposed Charter amendments after the regular Council meeting. 4. The Council received a report, held a discussion and gave staff direction regarding the Airport Terminal Proj ect. Mark Nelson, Chief Transportation Officer, provided some drawings of the Terminal Project. Deputy Mayor Pro Tern Mulroy asked if the grant funds would be lost if the project was re-bid or re-designed and re-bid. Nelson stated TxDOT had indicated that should the City elect to re-bid the project "as is" or redesign and then re-bid the project the grant funding would not be lost. Bruce Henington, Director of Facilities Management, stated that the cost per square foot for construction of the Terminal Building was approximately $97.00 per square foot to the City of Denton. City of Denton City Council Minutes August 15,2006 Page 3 Nelson clarified the status of the current bid. If the City wanted to award the bid to the low bidder, TxDOT would need to be notified by August 23 so they could do some grant administration and transmit the funds to the low bidder by August 30. Nelson stated that a re-bid of the project "as is" without any redesign would take a minimum of six weeks. The re-bid process might only result in an increase to the low bid due to inflated construction costs and a loss of time on project delivery. Should a re-bid and redesign of the project be contemplated, this process would add a minimum of nine months to the project delivery. There was a risk that any cost savings identified in the redesign and re-bid process might be lost to inflated construction costs at the time of the re-bid. TxDOT grant managers recommended that the City move forward with the current bid as they had not seen dramatic decreases on projects that were re-bid unless substantial design changes were implemented. The Council directed staff to look into separating the project into two bids and look into incorporating some value engineering options that might assist in lowering the overall costs of the proj ect. 6. Staff responded to requests for clarification of consent agenda items listed on the consent agenda for the meeting of August 15,2006. The City Council convened in a Closed Meeting at 5: 15 p.m. to consider the items listed below under the Closed Meeting section of this agenda. 1. Closed Meeting: A. The items set forth below constitute deliberations regarding personnel matters under Texas Government Code Section 551.074. Therefore, the Council reserves the right to convene into a closed executive session to discuss these matters. 1. Deliberated and discussed the evaluation of candidates for City Manager. Regular Meeting of the City of Denton City Council on Tuesday, August 15, 2006 at 6:30 p.m. in the Council Chambers at City Hall. 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the u.S. and Texas flags. 2. PROCLAMATIONS/PRESENTATIONS A. Proclamations/Awards The Mayor read a letter from the Mayor of Pilot Point thanking Denton for assistance from our Fire Department. Mayor McNeill accepted the Gold Star Affiliate Award from Keep Texas Beautiful presented by Dr. Rudi Thompson, President of Keep Denton Beautiful Board of Directors. City of Denton City Council Minutes August 15,2006 Page 4 B. August Yard-of-the-Month Awards The Mayor presented Yard-of-the-Month Awards to: Colorado Court Apartments - 1939 Colorado Blvd - Business Terry & Robert Bane - 1509 Egan St. Glenda Dial- 1917 Redwood PI. Lisa & Larry Allen - 5548 Woodland Hills Roberta Donsbach - 1426 Kendolph - Watersmart 3. CONSENT AGENDA Council Member Mulroy asked that Items G and I be pulled and considered at a future meeting. Eric Fry, 115 Woodrow, spoke against Item B. He stated he was against the section in the ordinance regarding reporting to an outside agency. The Legislature had exclusive authority over pawnshops and they already reported to local law enforcement agencies. Deputy Mayor Pro Tern Mulroy asked City Attorney Snyder to research Mr. Fry's concerns and review the legality of the ordinance and asked that Item B be pulled for consideration at a future meeting. Kamp motioned, Heggins seconded to approve the Consent Agenda and accompanying ordinances with the exception of Items B, G, and I. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. A. 2006-223 - An ordinance authorizing the City Manager to accept a grant from 3M Innovation and Public Information Kiosk, Inc., for an E-Branch Library; determining the ordinance was passed in compliance with the Open Meetings Act; and providing an effective date. B. NOTE: This item was not considered. C. 2006-224 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of gasoline and diesel fuel; providing for the expenditure of funds therefor; and providing an effective date (Bid 3530 - Annual Contract for Gasoline and Diesel Fuel in the estimated amount of $2,000,000). D. 2006-225 - An ordinance accepting competitive bids and awarding an annual contract for the purchase of Tire Repair and Tire Changing Services; providing for the expenditure of funds therefor; and providing an effective date (Bid 3531 - Annual Contract for Tire Repair and Tire Changing awarded to Briscoe Tire Inc. in the estimated amount of $100,000). E. 2006-226 - An ordinance of the City of Denton, Texas providing for, authorizing, and approving the expenditure of funds for the purchase of replacement parts for the effluent water filters at Pecan Creek Water Reclamation Plant from Infilco City of Denton City Council Minutes August 15,2006 Page 5 Degremont, Inc., which is available from only one source in accordance with the pertinent provisions of Chapter 252 of the Texas Local Government Code exempting such purchases from the requirements of competitive bidding; and providing an effective date (File 3552 - Replacement Parts for the Effluent Water Filters at Pecan Creek Water Reclamation Plant in an amount not to exceed $27,705). F. 2006-227 - An ordinance accepting competitive bids and awarding a contract for the purchase of Natatorium Medium Pressure Ultraviolet Light Disinfection System; providing for the expenditure of funds therefor; and providing an effective date (Bid 3539 - Natatorium Medium Pressure Ultraviolet Light Disinfection System awarded to Texas Aquatic Supply, Inc. in the amount of $52,700). G. NOTE: This item was not considered. H. 2006-228 - An ordinance of the City of Denton authorizing an agreement between the City of Denton, Texas and the Historical Park Foundation of Denton County, Inc. to refurbish the Quakertown House, an African American Historical Museum; providing for a $2,000 expenditure of funds therefor; and providing an effective date. I. NOTE: This item was not considered. J. Confirmed the re-appointment by the City Manager of Vicki Henington to the Civil Service Commission. K. 2006-229 - An ordinance of the City of Denton, Texas approving an Interlocal Cooperation Agreement by and between the City of Denton, Texas and The Town of Argyle, Texas to provide gas well inspection services; and providing an effective date. L. 2006-230 - An ordinance providing for the expenditure of funds for the emergency purchase of a brush truck fire apparatus in accordance with provisions of State Law exempting such purchases from requirements of competitive bidding; and providing an effective date (File 3587 - Emergency Purchase of Brush Truck Fire Apparatus awarded to Philpott Ford in the amount of $33,633 for the cab/chassis, and Wildfire Truck and Equipment in the amount of $37,682 for the body/skid for a total award of $71,315). M. Approved the minutes of: July 12, 2006 July 18, 2006 SS July 18, 2006 City of Denton City Council Minutes August 15,2006 Page 6 4. PUBLIC HEARINGS A. The Council held a public hearing and considered adoption of an ordinance to amend a previously approved Specific Use Permit that would allow a drive through in conjunction with an existing dry cleaning facility and an existing doctor's office building. The property was located near the northeast corner of Lillian Miller Parkway and Wind River Lane. The approximately 0.720 acre site was within a Neighborhood Residential Mixed Use (NRMU) zoning district. The Planning and Zoning Commission recommended approval (5-0). (Kwik Dryclean Super Center, S06-0005) Kelly Carpenter, Director of Planning and Development, stated that this request to amend the Specific Use Permit was to provide cross access from the subject site to the adjacent medical office site to the south and to provide additional parking on the site. The medical office building to the south of the subject site would use the additional parking spaces. Public notification letters were mailed to property owners and residents. Staff received one response in support of the request and one letter in opposition. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 2006-231 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING A SPECIFIC USE PERMIT FOR A DRIVE-THROUGH FACILITY ON APPROXIMATELY 0.72 ACRES OF LAND, GENERALLY LOCATED ON THE EAST SIDE OF LILLIAN MILLER PARKWAY APPROXIMATELY 170 FEET NORTH OF WIND RIVER LANE AND APPROXIMATELY 100 FEET WEST OF LAKE FORK CIRCLE, WITHIN A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; AND IS PLATTED AS LOT 1, BLOCK A, WIND RIVER ESTATES PHASE 1 ADDITION IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND PROVIDING AN EFFECTIVE DATE. (S06-0005) Mulroy motioned, Heggins seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered approval of a resolution of the City Council of the City of Denton, Texas placing a proposal on the September 26, 2006, City Council Public Meeting Agenda to adopt a 2006 tax rate that will exceed the lower of the rollback rate or effective tax City of Denton City Council Minutes August 15,2006 Page 7 rate; calling two public hearings on a tax increase to be held on September 12, 2006, and September 19, 2006; requiring publication of a Notice of Public Hearings on Tax Increase in accordance with the law; and providing an effective date. Jon Fortune, Assistant City Manager, stated that the City was required to publish their rollback tax rates in the newspaper, along with the effective tax rate and other required schedules. The City's effective rate in the proposed budget was $0.625652/$100 valuation. The tax increase would provide needed service enhancements. Public Hearings would be held September 12 and September 19. The following resolution was considered: R2006-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS PLACING A PROPOSAL ON THE SEPTEMBER 26, 2006, CITY COUNCIL PUBLIC MEETING AGENDA TO ADOPT A 2006 TAX RATE THAT WILL EXCEED THE LOWER OF THE ROLLBACK RATE OR EFFECTIVE TAX RATE; CALLING TWO PUBLIC HEARINGS ON A TAX INCREASE TO BE HELD ON SEPTEMBER 12, 2006, AND SEPTEMBER 19, 2006; REQUIRING PUBLICATION OF A NOTICE OF PUBLIC HEARINGS ON TAX INCREASE IN ACCORDANCE WITH THE LAW; AND PROVIDING AN effective date. Mulroy motioned, McElroy seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. The Council considered approval of a resolution of the City of Denton City Council requesting the Texas Municipal League oppose legislation that would limit or prohibit a city's ability to make and sell compost/mulch products, inside and outside of the city limits; and providing for an effective date. Interim City Manager Howard Martin stated that the Public Utilities Board reviewed the resolutions and directed staff to expand statements in the resolution associated with public health and welfare, environmental stewardship, regulatory compliance and the conservation of landfill space. John Cabrales, Public Information Officer, briefed the council on the Texas Municipal League process and stated that staff recommended approval of the resolutions and forwarding them to TML. The following resolution was considered: NO. R2006-031 A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE OPPOSE LEGISLATION THAT WOULD LIMIT OR PROHIBIT A CITY'S ABILITY TO MAKE AND SELL COMPOST/MULCH City of Denton City Council Minutes August 15,2006 Page 8 PRODUCTS, INSIDE AND OUTSIDE OF THE CITY LIMITS; AND PROVIDING FOR AN EFFECTIVE DATE. Thomson motioned, Kamp seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. The Council considered approval of a resolution of the City of Denton City Council requesting the Texas Municipal League support legislation to place a moratorium on the creation of special districts until the state legislature can appoint a task force to study their adverse affects; and providing for an effective date. Interim City Manager Martin stated that the Public Utilities Board had reviewed the resolution and asked staff to include in the resolution the exclusion of public schools as special districts. The following resolution was considered: NO. R2006-032 A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL REQUESTING THE TEXAS MUNICIPAL LEAGUE SUPPORT LEGISLATION TO PLACE A MORATORIUM ON THE CREATION OF SPECIAL DISTRICTS UNTIL THE STATE LEGISLATURE CAN APPOINT A TASK FORCE TO STUDY THEIR ADVERSE AFFECTS; AND PROVIDING FOR AN EFFECTIVE DATE. Heggins motioned, McElroy seconded to approve the resolution. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Mulroy "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. D. The Council considered nominations/appointments to the City's Boards and Commissions. The Mayor announced his appointments to the Denton Housing Authority. Bill Giese and Rudy Moreno would both serve another term. E. Citizen Reports 1. Review of procedures for addressing the City Council. 2. Receive citizen reports from the following: A. Eliborio Beltran aka Eli Gemini regarding Interfaith Ministries. Mr. Beltran stated that he had filed a complaint against Interfaith Ministries and the Police Department regarding his October 2005 request for assistance with a utility bill. He stated that the behavior of the agency was not courteous. B. Jordan Hudspeth regarding concerns of Southeast Denton. Jordan Hudspeth was not present at the meeting. City of Denton City Council Minutes August 15,2006 Page 9 C. Lanisha Hudspeth regarding concerns of Southeast Denton. Lanisha Hudspeth was not present at the meeting. D. Hagar Hudspeth regarding concerns of Southeast Denton. Hagar Hudspeth was not present at the meeting. E. Willie Hudspeth regarding concerns of Southeast Denton. Mr. Hudspeth was not present at the meeting. F. Dave Jackson regarding the drainage problem on Lance Lane. Mr. Jackson was not present at the meeting. G. Robert Donnelly regarding city business. Mr. Donnelly stated that there continued to be drainage issues with Providence Phase I and II developments. He stated that the City should make the developments compliant with the Development Code or do away with it. H. Bob Clifton regarding city business. Mr. Clifton stated that 10% of DME employee positions were vacant. He stated that the PUC had no regulation over municipal utilities and the Charter had the only checks and balances for the municipal electric department. I. Gerald DeMarsh regarding the Police Department and the City Council. Mr. DeMarsh stated that he had filed a lawsuit against Judge Ramsay and Stephanie Berry and they had suppressed the lawsuit. He was also concerned that he had been burglarized twice and none of the items had been recovered by the Police Department. J. Charles V oellinger regarding Fry Street Development and historic development. Mr. V oellinger expressed his concerns about the proposed Fry Street development. He felt the Council should send a message to the developer to preserve the historic buildings on Fry Street. F. New Business The following items of New Business were suggested by Council for future agendas: 1. Council Member McElroy expressed concerns about Robert Donnelly's drainage issues with the Providence development and requested that staff work with Mr. Donnelly to resolve his problem. 2. Council Member McElroy stated that Robson Ranch did not have police patrol because they were private streets. He stated that Robson had their first accident and would like the City Attorney to research the contract with Robson and see what it would take to have the Police Department patrol and issue tickets. 3. Deputy Mayor Pro Tern Mulroy requested that the City Manager research if the Providence developer had received permits before public improvements were completed. 4. Council Member Montgomery requested staff look into a traffic flow issue at the post office on Colorado. City of Denton City Council Minutes August 15,2006 Page 10 5. Council Member Thomson stated that there were a multitude of Mean Green signs that had appeared around town and understood that Code Enforcement could not remove them because they had been placed by a State institution. He requested staff research the situation and what the City could do to address the issue. 6. Council Member Heggins requested staff get a message to Mr. DeMarsh that citizens were not silenced at Council meetings. 7. Council Member Heggins wanted to know the status of MLK Boulevard. 8. Mayor McNeill wanted to know the PUC's authority as it related to DME and TMP A. G. Items from the City Manager 1. Notification of upcoming meetings and/or conferences. 2. Clarification of items on the agenda. 3. Response to past citizen inquiries. Interim City Manager Martin stated that the Council would receive a memo that addressed the secondary fire apparatus entrance related to Robert Donnelly's concerns. H. Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no continuation of the Closed Meeting. I. Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. There was no official action taken on Closed Meeting items. Following the Regular Meeting, the Council re-convened in a Work Session at 8:00 p.m. to continue discussion on Item #5 - proposed Charter Amendments. Proposition No. 20 - Exercising Governmental Functions General consensus of the Council was that it not be included in the ordinance calling for the election. Proposition No. 21 -Public Utilities Board Proposition No. 22 - Regulation of Franchised Utilities - Three options available. City Attorney Snyder recommended Option 3. The committee had not reviewed Option 2 and Option 3. General consensus of the Council was Option 3 as long as the committee recommended it. Proposition No. 23 - Nepotism General consensus of the Council was that the City Attorney meet with the Charter Review Committee before the August 28 City Council meeting and review Proposition No. 3 and Proposition No. 22 and provide a recommendation to the Council. City of Denton City Council Minutes August 15,2006 Page 11 With no further business the meeting was adjourned at 8:15 p.m. PERRY R. McNEILL MAYOR CITY OF DENTON, TEXAS JANE RICHARDSON ASSISTANT CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 28, 2006 Joint Meeting of the City of Denton City Council and the Denton Independent School District Board of Trustees on Monday, August 28, 2006 at 11 :30 a.m. in the Board Room at the DISD Central Services Building, 1307 N. Locust St., Denton, Texas. PRESENT: Mayor McNeill; Mayor Pro Tern Kamp; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: Deputy Mayor Pro Tern Mulroy 1. Mayor McNeill called the Council portion of the meeting to order, announced that a quorum was present and had introductions of Council and city staff. 2. Update on Various Transportation Projects Frank Payne, City Engineer, reviewed the city's bond projects. Those included Mayhill Road, Shady Oaks Drive/Brinker Road, Hobson Lane, Western Boulevard, and the U.S. 377 bridge at Union Pacific Railroad. He reviewed TxDOT projects including Loop 288 widening, Teasley Lane, McKinney Street, Fort Worth Drive, and 135 East. Mobility Plan amendments reviewed were Hickory Creek Road/Creekdale realignment, Mills Extension (west), Bonnie Brae at Highway 77 realignment, Loop 288 parallel collector, and the Mayhill Road realignment. The Board and Council discussed the railroad bridge alignment over Fort Worth Drive and the traffic patterns on Teasley Lane at Guyer High School 3. Update on Major Denton ISD and City of Denton Housing Developments Kelly Carpenter, Director of Planning and Development, presented an update on major development projects in the city. Currently there were 28 active housing projects. Four larger projects were pending - Cole Ranch, Rayzor Ranch, Hunter Ranch and Hills of Denton. 4. Update on Denton ISD Growth Report Gene Holloway, Director ofDISD Planning, reviewed new housing activity in the DISD, a price range analysis of those homes, and a 10-year enrollment projection. A second quarter 2006 summary for housing in the DISD was also reported. 5. Discussion on Development of Legislative Priorities Superintendent Ray Braswell felt that the next step for the City and DISD was how to deal with a set of priorities for the next legislative session. He suggested developing a joint timeline to establish those priorities. City of Denton City Council Minutes August, 28, 2006 Page 2 Consensus of the Council and Board was to work on a joint document to present to legislators. 6. Update on Denton ISD enrollment. Roger Rutherford and Jamie Wilson, DISD, presented enrollment figures at the elementary, middle and high schools. Enrollment in all of the school had increased from last year. With no further business, the meeting was adjourned at 1: 15 p.m. PERRY R. MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS CITY OF DENTON CITY COUNCIL MINUTES August 28, 2006 After determining that a quorum was present, the City Council convened in a Special Called Meeting on Monday, August 28,2006 at 1 :30 p.m. in the Council Chambers at City Hall. PRESENT: Mayor McNeill; Mayor Pro Tern Kamp; Council Members Heggins, McElroy, Montgomery, and Thomson. ABSENT: Deputy Mayor Pro Tern Mulroy 1. PLEDGE OF ALLEGIANCE The Council and members of the audience recited the Pledge of Allegiance to the U. S. and Texas flags. 2. ITEMS FOR INDIVIDUAL CONSIDERATION A. The Council considered adoption of an ordinance ordering an election to be held on November 7, 2006 for the purpose of submitting to the registered voters of Denton, Texas amendments to the Denton City Charter regarding annexation provisions, no expansion of City liability, Council elections, Council terms of office, Council meetings, Council minutes, City Auditor, powers of Council, introduction of ordinances, City Manager and subordinates, City Attorney, budget, bond elections, sale of bonds, Planning and Zoning Commission, legal effect of master plan, platting and subdivision control, regulation of construction, slum clearance and rehabilitation of blighted areas, Public Utilities Board, regulation of franchised utilities, and nepotism; prescribing the time and manner of the conduct of the election to be in accordance with an agreement with Denton County; prescribing the form and content of the ballot; providing for notice; providing for publication of the notice of this election; providing a severability clause; providing an open meetings clause; and providing an effective date. City Attorney Snyder stated that the Charter Review Committee had been working on 23 proposed amendments for the November election. One amendment dealing with exercising of governmental function did not receive a favorable recommendation from the Committee. Two of the propositions would need Council direction - one dealing with Council terms of office and one with franchise utilities. The Committee met on Monday, August 21 st to finalize the two remaining propositions. The Committee vote on Proposition #3, dealing with terms of office, was split. Four members were against changing the council terms of office, as they did not find any compelling reason to do so. Two members of the Committee were in favor of changing the terms of office. The Committee voted in favor of the wording for the proposition dealing with exercising of governmental function. Staff had prepared three drafts of the ordinance calling the election. Option # 1 contained the propositions as recommended by the committee with no proposition for changing council term of office. Option #2 added a proposition #4 for changing council terms of office with the three-year terms taking effect for places one, two, three and four in 2007 and places five, six and seven in 2008. Option #3 provided for the three-year terms but with the three-year terms taking effect for places five, six and seven in 2012, and places one, two, three, and four in 2013. City of Denton City Council Minutes August 28, 2006 Page 2 Mayor McNeill stated that he originally was in favor of the change in council term of office but had been swayed by the Committee report. He felt that perhaps this was not the time to do this. Council Member Thomson agreed with the Committee findings with no change in terms of office. Thomson motioned, Heggins seconded to adopt the ordinance with Option # 1 with no change in terms of council office. Mayor Pro Tern Kamp stated that the although she agreed with the findings of the Committee, she still felt that the council needed to serve three year terms at some point in time. Council Member Heggins stated that she had attended the Committee meetings and there was no pressure at any point in time to make a decision either one way or another. The following ordinance was considered: NO. 2006-232 AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON NOVEMBER 7, 2006 FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY CHARTER REGARDING ANNEXATION PROVISIONS, NO EXPANSION OF CITY LIABILITY, COUNCIL ELECTIONS, COUNCIL TERMS OF OFFICE, COUNCIL MEETINGS, COUNCIL MINUTES, CITY AUDITOR, POWERS OF COUNCIL, INTRODUCTION OF ORDINANCES, CITY MANAGER AND SUBORDINATES, CITY ATTORNEY, BUDGET, BOND ELECTIONS, SALE OF BONDS, PLANNING AND ZONING COMMISSION, LEGAL EFFECT OF MASTER PLAN, PLA TTING AND SUBDIVISION CONTROL, REGULATION OF CONSTRUCTION, SLUM CLEARANCE AND REHABILITATION OF BLIGHTED AREAS, PUBLIC UTILITIES BOARD, REGULATION OF FRANCHISED UTILITIES, AND NEPOTISM; PRESCRIBING THE TIME AND MANNER OF THE CONDUCT OF THE ELECTION TO BE IN ACCORDANCE WITH AN AGREEMENT WITH DENTON COUNTY; PRESCRIBING THE FORM AND CONTENT OF THE BALLOT; PROVIDING FOR NOTICE; PROVIDING FOR PUBLICATION OF THE NOTICE OF THIS ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. On roll vote to adopt the ordinance with Option #1, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance authorizing a contract for election services with Denton County, Texas, performed by and through its election administrator to conduct a November 7, 2006 election concerning amendments to the City of Denton Charter; validating and ratifying certain services performed; authorizing the expenditure of funds therefor; and providing an effective date. The following ordinance was considered: City of Denton City Council Minutes August 28, 2006 Page 3 NO. 2006-233 AN ORDINANCE AUTHORIZING A CONTRACT FOR ELECTION SERVICES WITH DENTON COUNTY, TEXAS, PERFORMED BY AND THROUGH ITS ELECTION ADMINISTRATOR TO CONDUCT A NOVEMBER 7, 2006 ELECTION CONCERNING AMENDMENTS TO THE CITY OF DENTON CHARTER; VALIDATING AND RATIFYING CERTAIN SERVICES PERFORMED; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. McElroy motioned, Kamp seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance of the City of Denton abandoning, vacating and rescinding the 0.008 acre and 0.030 acre street right-of-way dedication offered to the City of Denton by the Final Plat of the Nelson Addition, filed in Cabinet N, Page 399, of the Plat Records of Denton County, Texas; and providing an effective date. Paul Williamson, Real Estate Manager, stated that Ken Currin, the proprietor of the Greenhouse Restaurant, had petitioned for the abandonment of the street right-of-way dedication tracts that were exacted during the initial platting activity associated with the onset of the restaurant in 1997. The restaurant would like to expand by adding a patio dining addition along the southern wall of the existing building and would need to use the right-of-way tracts on that end. Staff had met with Mr. Currin on several occasions to discuss what options were available to accommodate his plans, in balance with the public's interests and still meet code requirements. The following ordinance was considered: NO. 2006-234 AN ORDINANCE OF THE CITY OF DENTON ABANDONING, V ACA TING AND RESCINDING THE 0.008 ACRE AND 0.030 ACRE STREET RIGHT-OF-WAY DEDICA TION OFFERED TO THE CITY OF DENTON BY THE FINAL PLAT OF THE NELSON ADDITION, FILED IN CABINET N, PAGE 399, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. Heggins motioned, Thomson seconded to adopt the ordinance. On roll vote, Heggins "aye", Kamp "aye", McElroy "aye", Montgomery "aye", Thomson "aye" and Mayor McNeill "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 2:00 p.m. PERRY R MCNEILL MAYOR CITY OF DENTON, TEXAS JENNIFER W AL TERS CITY SECRETARY CITY OF DENTON, TEXAS AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Materials Management Questions concerning this acquisition may be directed to Mark Nelson 349-7744 ACM: Jon Fortune . SUBJECT Consider the adoption of an ordinance of the City of Denton, Texas approving change order four for a professional service agreement between the City of Denton, Texas and Innovative Transportation Solutions, Inc. dated March 5, 2002 extending said agreement, and authorizing and ratifying the expenditure of funds for work to be performed; authorizing the City Manager or his designee to execute the change order on behalf of the City and expend funds authorized for the change order; and providing for an effective date. (Mobility Committee Recommends approval 3 -0. ) BACKGROUND The original Professional Services Agreement approved by Council on March 5,2002, provides for the identification, development and implementation of major transportation and infrastructure projects including critical timelines for each identified project. The following is a summary of the change orders associated with this contract and the services provided by Innovative Transportation Solutions, Inc. (ITS) as a result of the change orders. . Change Order One (March 2, 2004) continued this service through September 30, 2004 and added support services for our Regional Mobility Coordinator. . Change Order Two (October 5,2004) extended the contract through September 30, 2005. . Change Order Three (October 18, 2005) extended the contract through September 30, 2006. This contract has supported our regional transportation efforts as summarized below: . North Central Texas Council of Governments' (NCTCOG) project funding in the amount of $2.0 million for a sustainable development project in Downtown Denton. . Top ten recommendations by NCTCOG in the Statewide Transportation Enhancement Program (STEP) selection process for projects that could enhance the proposed Downtown Multimodal Station and two bridges for the Rails to Trails. . Innovative Transportation Solutions, Inc. assisted in obtaining NCTCOG funding for signal timing projects on Carroll Boulevard and Woodrow Lane. Agenda Information Sheet September 26, 2006 Page 2 BACKGROUND (CONTINUED) . ITS has also supported City of Denton planning efforts related to the western extension of Loop 288, coordination of planning activities for FM 2499 and securing TxDOT commitment to enhance I-35E to US 380 as part of the I-35E project. . ITS has provided substantial efforts in assisting with crafting regional toll policies that should greatly enhance transportation infrastructure in our community once 121 toll revenue becomes available. . ITS continues to coordinate efforts with the County Bond Program that has a majority of funds dedicated to transportation, and has facilitated a commitment of approximately $2.25 million for the City of Denton Transportation CIP. The continued use of ITS services is integral to the development of future transportation infrastructure for the City of Denton, and will almost certainly result in an overall savings of tax dollars above and beyond the expenditure for these services. PRIOR ACTION/REVIEW Council approved the original contract for professional services on March 5, 2002, Ordinance No. 2002-062 in the amount of $70,000. . Council approved Change Order One in the amount of$117,000 on March 2,2004. . Council approved Change Order Two in the Amount of$120,000 on October 5,2004. . Council approved Change Order Three in the amount of$120,000 on October 18,2005. Mobility Committee recommends approval of Change Order Four (3-0). RECOMMENDATION Award Change Order Four to Innovative Transportation Solutions, Inc. in the amount of $10,000 per month for an annual amount of$120,000. PRINCIPAL PLACE OF BUSINESS Innovative Transportation Solutions, Inc. Farmers Branch, TX ESTIMATED SCHEDULE OF PROJECT This change order authorizes services to be performed through September 30, 2007. Agenda Information Sheet September 26, 2006 Page 3 FISCAL INFORMATION Change Order Four will provide payment in the amount of $10,000 monthly for an annual contract amount of $120,000. Change Order Four brings the contract total to an amount not to exceed $547,000. Funds have been budgeted for this contract in the FY 2006-2007 Planning Department account 220001.7854. Respectfully submitted: ~~~ Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Ordinance No. 2002-062 (Professional Services Agreement) Prepared by: nt'u/ b~ Mark Nelson Chief Transportation Officer Attachment 1 o RD IN AN C E N () - _-,-/!J2{}!i___~=_-,7 fd,-,(~ .AN ()F(I)INA,NC'F~ Al.I'IT.,I()I<JZ4LNC3. rrrl[~ (.~lrT'l ,IVl.A.Nj\Crl~l<. rrC) E,X.E~(~l..rrE~ l\ ,PI{()l~'ESS.l()N/\.l.j S'E.R.Vl(~ES i\G.REEMENT (PSA) Wrr'FIIN'NOV A TIV'S 'r',RANS'POR'I'j\'TTON SOIJJ!fION'S, .LN(~. F()R. rrI{j\NST)OR,~rArT'l()N S.EJ{VIC.~E,S f\S SE-r r:()R'"rl-l rN '1'1-1"'E C'l()N'rI~A(~T~J\.N.'D PR.C)V 1l1lNCi A N' E.l~'I~T~C"-rlV E, I.)A"r[~ (PSA 2789 ... .PI\()I7I~SSJC)N/\l.J S F~l~ V l(:I~S AC:J R.,l~~E~.Ml:~,N'T' }-:;OR TRA'N.SPOT<.I'A'"'['lON Sl~I\ YI(:E~.S rrC) IN.N.OY A]'l\IE~ rrl\,A,NSP()I{rr/\'-rI(}N S()'L.LrrIC)NS, LNC-'. ~ F(}I-<. J^, r-rarrA,L. AM OlJNr-r () F $70)')00). 'rl-lE C'()lJN{~~]l.l OF "rJ-JI~ (~rry' 01? [)l~.N']~'ON 1..II~R.E~I3\' OI(I)AJNS: \VJ-.1E,I<.E~~^S, -l'he professional services provider (the LLProvider) Jl1cn{loncd i,n tIlis ordinance is being selected as the mosl highly quali Cicci 011 the basis of its demonstrated competence <Jnd qualifications to perf 01111 the proposed professional services; and 'vVI-1E:I:R..F~,r'\S., 'rhe Fees under the. proposed contract ~lrc h.1ir and reasona.blc ;:lnd arc consistent \vith and not higher than the recon1Jncnded practices and fees published by the professional associat.ions applicahle to the 'Provi.dcr~s profes.slon and such fees do not exceed the rnaX,lt1.1U111 provldcd by Ia\\r~ NC)'vV.. rrl-'II~l{EF()l{T~, .s EC"TJ_Q.J2LL. 'rhat the City l\/[anagcr is hereby authorized to enter into a professional service contract: \vit.11 Innovative 'rransportation Solutions, Inc.., to provide professional, arcbitect.ural (Ind rel.ated serv.ices for the C~ross 'Tinlbcrs Park, a copy of\vhich is attached hereto and illcorponJtcd by reference herein. SE.('i'rIQN 2. 'rhc (~ity !'v'lanager is alJthorized to expend funds as required b~y the attached contract, SE.LlJON J The findings in the preamble of" (his ordinance arc incorporated herein by reference. S.fJ-'TIQJ;L.1.: -rhis ordinance shall become clTcctivc immediately upon ils passage and approval. . ,,_, . . . _ _ l<l/l . "'f.rl f i' /) .. .. l)ASSEDAND A,PPRC)VE[) this the 1i,.,.,.1 ...~.,.. davof /iIL"l'f..,i ./'" ~ lOG2. ---:-.--- oJ -_._'-G-~.n_~__- C~~_. !fb#J~------ El)LrN.F~ BROCl(, ,MA Y()R, i\ 'rrrr~Sl': JL~'NNll~~ 12 I{ v\f /\ I.J'l~I~ f< S ~ C~ 1.'1'.\' S E (~~ I~Jrr AI? \" (\ \ [3- 'J. i\ \ "1., - ; \~~ l'\ \ l \J'...,.t rr--~''-r\' . .. I .' . r., ~~. .. _' ./ _- .. ../......A. I ~_,: ..J."":'\ ....; . ~Vr\-\_l,",D. . _..Lor- .~. --'-'vJ~~"_."\-""'-P T -' tj ~ A P J) 1~.() V .E [) l\ S T' () LJ.I~ ('.J i\ If/ Fi' () 1{..IVl : HERBERT L_ PI)p;UTY ,>iry ATTORNE'{ .././ ,., .1. . ~/. . I BY- ~~~ . - ------------ , I ----- f I PSA 27S() .....I.RANSP()RQ~.~\r1()N SERVICES F{)R PROFESSIONAL SF':RVIC.'E~S ()RD[NAN("r.~: PROFEssrONAL SERVICES AGREEMENT FOR FOR ENGINEERING SERVICES STATE OF TEXAS 9 COUNTY OF DENTON 9 THfS AGREEMENT is rnade and entered into as of the 5lh day of March, 2002 by and between the City of Denton, Texas, a Texas municipal corporation, with its principaJ office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter cafted "OWNER/) and Innovative Transportation Solutions, loe.., with its corporate office located at 2701 Valley View Lane, Farolers Branch, Texas, hereinafter called HGONSlJL T ANT,'t acting herein, by and through tJleir duly authorized representatives. WITNESSET~--i, that in consideration of the covenants and agreenlents herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contract()r~ and the CONSlJL T AN-r hereby agrees to perfOrITl tile services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professjonal standards customarily obtained for such servjces in the State of Texas. Tile professional services set out herein are in connection with the following described project: The Project shall include, without Jirr1itatron, services for the identification, developrnent and inlplerTlentation of rnajor transportation and infrastructure projects including a critical tjme line for each project identified and the steps necessary to bring each project to cOfTlpletion. ARTICLE II ~ SCOPE OF SERV!CES Tile CONSULTANT shall perfonn the following services in a professional rT1anner: The CONSULTANT shaH perform all those services as necessary and as described in the Scope of Services, which is attached hereto and rnade a part hereof as Exhibit IlAl? as if written word for word herein. -fhe CONSULTANT shall perform all those services set forth in CONStJL T ANTts Price Proposal for Engineering services associated with transportation infrastructure consultatron per Exhibit \lA" which is attached hereto and rTlade a part hereof as if written word for word herein. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders., ~TIClE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, are described as foflows: During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U,S, Environmental Protection Agency, or other regufatory agencies, The CONSULTANT will assist OWNER's personnel on an as- needed basis in preparing compliance schedules, progress reports, and providing genera! technical support for the OWNER's compliance efforts. Assisting OWNEf~ or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement CONSULTANT, if any, shall furnish such services, on a fee basis negotiated by the respective parties outside of and rn addition to this Agreernent. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, incrud;ng the preparation of engineering data and reports "for assistance to the OWNER. ARTICLE JY PERIOD OF SERVICE This Agreement shalf become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period of perfornlance through Septen'lber, 2002, or as required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Aweement may be sooner terminated rn accordance with the provisions hereof. ARTICLE V COMPENSA TION COMPENSATiON TERMS: "Subcontract Expense" is defined as expenses incurred by the CONSULTANT in employment of others in outside firms for services in the nature of testing, estimating, structural studies, designing, electrical analysis, etc- "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignrnent. BILLING AND PAYMENT: For and i1 consideration for professional services rendered monthly by CONSULTANT tBsed on the scope of services shown in Exhibit "A", which is attached hereto and made a part of this Agreement as if written word for word herein, OWNER agrees to pay CONSULTANT'S reasonable and customary annual fee of ONE HUNDRED AND TWENTY THOUSAND AND 00/100 DOLLARS ($120,000) (the "Annual Fee") per year. The Annual fee will be pro-rated for the seven months remaining in the OWNER'S current fiscal year. Tile OWNER agrees to pay CONSULTANT TEN THOUSAND AND 00/00 DOLLARS ($10,000,00) (the "Monthly Payment") per month towards the OWNER'S annual fee obligation, CONSULTANT shall submit to tile OWNER through its City Manager or his designee, a detailed monthly itemized statement for all professional services rendered for tile previous month. The OWNER agrees to remit Monthly Payment in accordance with the procedures outlined in Article V of the executed Professional Services Agl-eement. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maXllllum not to exceed fee as stated, without first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform tile services listed in Article ill "Additional Services," without obtaining prior written authorization from the OWNER~ ADDITIONAL SERVCES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate negotiated and agreed upon by both parties before execution of the additional services- Payments for additional services shall be due and payable upon subrnission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. PAYMENT: If the OWNER fails to rnake payrrlents due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULT ANT's uIldisputed statement thereof, the arnounts due the CONSULTANT will be increased by tile rate of one percent (10;;) per month from the said sixtieth (60lh) day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to tile OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWN ER to pay the late charge of one percent (1 (Yo) set forth herein if the OWNER reasonably deternlines that the work is unsatisfactory, in accordance w,th this Articfe V, lICompensation." ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT win exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants_ ARTICLE VII OWNERSHIP OF DOCUMENTS Art documents prepared or furnished by the ClJNSULTAN-r (and CONSUL TAN1-'s subcontractors or subconsuJtants) pursuant to thrs Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreerllent The CONSULTANT is entitled to retain copies of arI such docunlents. The docurnents prepared and furnished by the CONSLJLTAN1' are intended only to be applicable to this ProjectJ and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense, In the event the OWNER uses any of the infornlation or nlatenals developed pursuant to this Agreernent in another project or for other purposes than specified herein, CONSULTANT is released -Frarn any and all fiability relating to their use in that project. ARTICLE VIII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or clain') any right arising from ernployee status. ARTICLE IX INDEMNITY AGREEMENT 1-he CDNSUL TANT shall indenlnify and save and hard harmless the OWNER and its officers, agents, and employees froln and against any and all liability, clalrns, dernands, damages, Jossesr and expenses, including} but not limited to couri costs and reasonable attorney fees incurred by the OWNER, and including, \Nithout limitation, darnages for bodily and personal injury, death and property darnage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents) or enlpt"oyees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a riabiIity to any person who is not a party to this Agreernent, and nothing herein sllall waive any of the parUes' defenses, both at law or equity, to any clainl, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governn1entaI imrrlunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE During the perfonllance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the Slate Insurance Comn1ission or- any successor agency that has a rating with Best Rate Carriers of at least an A- or above~ ComrnerciaJ General Liability Insurance with bodily injury !irnits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and witll property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. Worker's Compensation Insurance in accordance vvith statutory requirements) and Employers' Liability fnsurance with limits of not Jess than $100,000 for each accident. Professional Liability Insurance with lirnits of not less than $1 ,000,000 annual aggregate, The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. The insurance policies shall nalT18 the OWNER as an additional insured on all such policies) and shall contain a provision that such insurance shall not be canceled or modified wHhout thirty (30) days' prior written notice to OWNER and CONSULTANT~ In such event) the CONSLJLTAN~r shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE XI TERMINA liON OF AGREEMENT Notwithstanding any other provision of this Agreenlentl either party rnay terrninate by giving thirty (30) days' advance written notice to the other party. This Agreement may be terminated in whole or in part in tile event of either party substantiaJly failing to fulfill its ()bligations under this AgreeJllent. No such ternlination will be affected unless the other party is given ("1) written notice (delivered by certified maifJ return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not ress than thirty (30) calendar days to cure tI-18 failure; and (2) an opportunity for consultation with the terrninatrng party prior to termination. If the Agreenlent is terrninated prior to cornpletjon of thE) services to be provided hereunder, CONSUL-r'ANT shall irnnlediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorify performed and for reimbursable expenses to tenllination incurred prior to the date of termination, in accordance with Articre V llColllpensation." Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, COr\ISUL TANT shalf cooperate in providin~J information. ~rhe CONSULTANT shall turn over air docurnents prepared or furnished by CONSUL TAN~r pursuant to this Agreernent to the OWNER on or before the date of terrnination, but rllay maintain copies of such docurnents for its Lise. ARTICLE XIII RESPONSIBll~TY FOR CLAIMS AND liABILITIES Approval by tfle OWNER shaH not constitute, nor be deenled a release of tile responsib;lity and liability of the COt\lSUL T ANT) its enlployees, associates, agents, subcontractors, and subconsultants for the accuracy and cornpetency of their designs or other work: nor shalt such approval be deetTled to be an assurnption of slIch responsibility by the OWNER or any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors) agents, and consultants. ARTICLE XIV NOTICES All notices1 cOlllnlunications, and reports required or permitted under this A9reenlent shalt be personally delivered or 11laired to the respective parties by depositing sarll8 in the United States r-nail to Ule address shown below, certified mair, return receipt requested, unless otherwise specified herein, Mailed notices shall be deerTled comrnunicated as of three (3) days' rna(l(ng: To CONSULTANT: To OWNER: John R_ Polster Innovative Transportation Solutions, Inc. 2701 Valley \/iew Lane Fanners Branch, Texas 75234 City of Denton Tom Shawl Purchasing Agent 901-B Tex.as Street Oentont Texas 76209 All notices shall be deemed effective upon receipt by the party to Wh01TI such notice is given, or within three (3) days' fllailing. ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of 9 pages and Exhibit A, constitutes the complete and final expression of the agreement of the parties1 and is intended as a complete and exclusive statement of the terms of the;r agreementsT and supersedes all pdor conternporaneous offers) prorn;seS1 representations, negotiations) discussions, cornmunications, and agreelTlents which Illay have been nlade in connection with the subject matter hereof. ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deerl1ed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable froln the remainder of this Agreement and shall not cause the remainder to be jnvalid or unenforceable.. In such event, the parties shaH reform this Agreerllent to replace such stricken provision with a vafid and enforceable provision which conl8S as close as possible to expressing the intenUon of the stricken provision. ARTICLE XVII COMPLiANCE WITH LAWS The CONSULTANT shall cornply with all federal, state, and tocal Jaws, rules, regulations, and ordinances applicable to the work covered hereunder as they nlay now read or hereinafter be amended. ARTICLE XVIII DISCRIMINATION PROHIBITED In perforrning the services required hereunder, the CONSULTANT shall not discrirrlinate against any person on the basis of race, color, religion., sex, national origin or ancestryr age, or physical handicap. ARTICLE XIX PERSONNEL The CONSULTANT represents that ft has or will secure, at its own expense, all personnef required to perform aU the services required under this Agreement. Such personnel shaH not be employees or officers of1 or have any contr-actuar relations with the OWNEr,. CONSlJL TANT shall inform the OVVI\JER of any con'Ffrct of interest or potential conflict of interest that may arise during the term of this Agreernent All services required hereunder will be perfonned by thE~ CONSLJL TANT or under its supervision_ Aft personnel engaged in work shall be quall"fied1 and shall be authorized and permitted under state and tocallavlIs to perforrn such servrces. ARTICLE XX ASSIGNABiliTY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE XXI MODIFICA T10N No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXII MISCELLANEOUS The following exhibits are attached to cHId made a part of this Agreement: CONSULTANT agrees that OWNER 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 llle CONS UL T ANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shaH have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section, OWNER shall give CONSULTANT reasonable advance notice of intended audits. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of T exas- For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be John R. polster and Tracy L Henry- However, nothing herein shall limit CONSULTANT from using ott1er qualified and competent members of its firm to perform the services required herein. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated wittl relat.ed work being carried on by the OWNER. The OWNER shalf assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports7 any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perfornl services under this Agreernent The captions of t!-1is Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS I-IEREOF, the City of Dentoll, Texas has caused this Agreerr1ent to be executed by its dufy authorized City Manager, or designee and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the 5 day of March-l2002. CITY OF DENTON: TEXAS / ,/ j. / ~.../ EXHIBIT A I~.SCOPE O_F SERVIC.~l;~. fnnovative Transportation Solutions. Inc., hereinafter called uCONSUL T ANT," will specifically conduct the foHowing services for The OWNER, flereinafter caJled ILOWNER": TASK 1: TASK 2: TASK 3: TASK 4: Meet with City staff and Council to establish Priority Projects. CONSUL T ANT will conduct initial investigation and analysis of all projects. CONSULTANT proposes to work cJosefy with City stc.lff and each individual Council member to: acUve(y identify needed tr-ansporlatron improvements, analyze the viability and necessity of each project, determine the critica[ path for developing each project, as well as manage and monitor the progress or transportation projects identified by the OWNER. Furthermore, CONSUL rANT will attend n1eetings with and on behalf d Council members, staff, and other City ofFiciafs in addition to flgrass roots" citizens in order to facilitate transportatron solutions. Conduct In-depth Research to Identifv EachProiect's Current Status. CONSUL TANT will conduct all research necessary with respect to local, regional, and state advanced plannill9 programs, slIch as Thoroughfare Plans~ Transportation lrnprovement Prograrll, Unified Transportation Program. Conformity, Mobility 2025 Update and all succeeding programs. CONSUL TANT will anC1lyze projects rn order to promote the completion of the developrllent, funding and construction of afl icienti"fied projects in an expedited fllanner. CONSUL TANT will investigate and review plans proposed by TxDOT, NTTA, North Centra' Texas Councir of Governments (NCTCOG), counties, and loca( cities to ensure compatibitity with existing and future thoroughfare plans of the OWNER. f'rovid~ the OWNER ~ Written and \(erb?/~tatus Summary of Each Project. CONSUL rANT will provide written and vt:rbal updates 01 all phases of projects. Monthly meeting$ will be held with staff members and otl1er agencies. Semi-annual meetings/workshops will be held wrth Council rllC/llbers to keep all parties infofJlled of the status of on-9oln9 projects and to identify Council rnernbersl concerns and suggestions. Identifv Critical F:aths fC!r.Each pro;ect Based Upon its Advanced Pfann;no Status and.!~jtiate the Critical Path ~or Ea~h P,.olect CONSUL rANT will develop 8 critical tir1l8 line for each project and identify the steps necessary to bring each project to completion- Time lines wjn be based upon the background investigation performed for each project. Project stratogies will tnclude actions to be conducted in the advanced planning stages of the projecf in order to ensure the corllpletion of alignrnent and feasibility studies, environmental clearance, and preliminary design. Additional strategies for expediting projects include actions necessary for cornptetion of right-af-way docurl18nts, init[()tion of TASK 5: right-of-way acquisition ald utirity clearance, as well as developrTlent of plans, specifications and estimates (PS&E). Projects \NitI be monitored to ensure that right--of-way acquisition, utility relocation, and PS&E are cornpleted in time to meet the projected construction start date anej schedule. CONSUL TANT will serve as the project nlanager for the OWNER's select proJects to ensure that established goals and deadlines are nlet. To accompfish this, CONSUL TANT will assemble project-specific teanlS to complete all aspects of critical f]3th in a tirnery and cost effective manner. Critical path iterlls include, but are not lin-lited to the 'fonawing: Work with TxDOT on On-Systeln Projects a. Conduct Program Assessnlents (PA's) b. Receive Control-SecUon-Job (CSJ) nurnbers c. Prograrnrning Authority d. Advanced Planning Authorization Ensure the Developlnent of Advanced Planl1ing a_ Ass;st in s electron af outsource firnl (s) b~ Pursue Environfllenta' clearance c. Participate in development of Controlled Scherllatic d_ Track project through all review and approval processes e. Outline rnethods to preserve corridors and ri9ht of way f. Assist with Public fnvolvernent Develop Funding Alternatives a. Partnerships b_ Bond Pro9rarns CO MPO/TIP programs d. TxDOT/UTP prograrns 8. Federal Funding f. Innovative Frnancing g. State fnfrastructure Bank Implement Desig/l a. Participating in review of final designs b. Coordinating project trrning and scheduling c_ Ensuring adherence to work schedules Management a. Assist in selection of out-source finl1s for aJl phases of project. b. Oversight of contractual obligations of all out-sourced firms c. Review and approval of invoices from aut-.source firms d. Ensure adherence to project schedule CONSUL rANT will ResearcJJ aJ1d Irlvestiqate Fundinq Opportunities. With a shortage of federal and state dollars for transportation projects, it wjH be critical for CONSULTANT to continualry seek "creative financing" opportunities in order to 111eet the transportation needs of lhe ()WNER. CONSUL TANT will research and investigate the possibility of obtaining funding for each Project under the Transportation Equity Act for the 21s1 Century (TEA 21)_ CONSUL TANT will afso focus on the continued developrnent of partnerships with TxDOT Dallas District. Local bond 2 I'ASK 6: T AS K 7: TASK 8: TASK 9: programs will be sought "LO identify financing opportunities. Private/public partnerships wiU be pursued. Funding opportunities using the State Infrastructure Bank (S/B) , TxDOT's Unified Trallsportatio/l Prograf11, and the Tral1sportatiofl Ilnprovenlent Prograln will be researched and inlplelTlented when appropriate. In addition, applications for random recalls for projects" as identified by the North Central Texas Council of Governments will be submitted. CONSUL rANT will Neaotiate Aq~en1ents with Tx.DQL. When appropriate, CONSUL TANT will negotiate Loca' Advanced Funding Agreements (LPAFAs) with TxDOT fOI- eacJl project The LPAFA outlines the responsibJe parties for advanced pranning~ right-of~way acquisition, designr and funding of specific projects. CONSUL TANT will Act as a Liaison between OWNE/? and other Localr State and Federi1.' TransJJor@tioll Bodjes~ CONSUL TANT will act as liaison between The OWNER and other local, state and national transportation groups. As lJaison, CONSUL TANT will act as the transportation advocate for .The OWNER by working positively and efficienHy with other transportation groups toward completion of projects critical to The OWNER. CONSUL TANT will interact, on behalf of The OWNER, with the Federal Highway Adlllinistration, the Texas Transportation Cornrnission and Texas Departlllent of Transportation and the Norlh Texas ToHway Authority (NTTA). In addition, CONSUL TANT wi'T act as liaison between The OWNER and other groups such as the Regional Transportation Council of the North Centraf Texas Council of Governnlents! Precinct 1 Task Force, Precinct 3 ~rask Force, rJanas Regional Mobility Coalition} the Daflas Area Rapid Transit The T, [)enton County Transportation Authority, North Texas COlllmission, and the Partners in Mobility. CONSUL rANT will Provide other Transportation Cansu/fino Services as Directed by the OWNER. As a part of th;s Enhancement Proposal, CONSUL TANT will actively pursue all transportation related issues as Identified by the ()WNER. CONSULTANT will continue dialogue wilh the OW~IER to ascertain the relative priority of each project to other projects and attend council meetings. as directed, to provide updates on aU transportation activitjes. CONSUL rANT WilllmlJlement Cost Reductio!] StrateQies. CONSULTANT has an unparalleled history of identifying cost reductions for its clients. For the OWNER, the foJlowing is a list of possible cost reduction strategies: 1. Leveraging funding ., Transportation fnfrastructure funding is almost always a partnership process. CONSUL rANT will strive to rnaxinlize the OWNER's transportation dollars by "Jeveragin~J" those funds with eligible funding sources. In rnany cases, CONSUL TANT will be able to leverage funds to capture Hnon- city" sources that will increase funding to the project by 3000hJ to 5000/0. J 2. Certification .. Certification refers to the process a municipality follows to receive authorization by TxDOT to retain services on behalf of the State. Certification allows the OV\fNER to be reinlbursed by the federal government up to 90o.!c) of expenditures for authorized services. CONSUL T ANT has unique knowledge of the certificatlon process and will assist the OWNER in acquiring this certification, if directed. 3. In-house versus Outsourcing - CONSUL TANT will provide preliminary design services for select projects in order to identify the basic parameters of the project needs. U pan further project development, it is CONSULTANT' philosophy that final design engineering can be conducted in a 11lanner that is rnore economically feasible if it is done by an engineering firm specializing in final designs. II. COMPENSATI9N--AIFRI\!1~ In consideration for professional services rendered monthly by CONSULTANT, OWNER agrees to pay CONSULTANTS reasonable and customary annual fee of ONE HUNDRED AND TWENTY THOUSAND AND 00/100 DOLLARS ($120,000) (the "Annual Fee") per year, pro-rated for the seven months remaining in the OWNER'S current fiscal year. Tile OWNER agrees to pay CONSULTANT TEN THOUSAND AND DO/DO DOLLARS ($10,000,00) (the "Monthly paymenf') per month towards the OWNER'S annual fee obligation- CONSULTANT shaH submit to the OWNER a monthly itemized statement for all professional services rendered- The OWNER agrees to remit Monthly Payment in accordance with the procedures outlined in Article V of the executed Professional Services Agreement. V.EXPENSES The CONSUL-rANT stlall not seek any reirnbursernent fron) the OWNER for any reasonable and customary expenses incurred in connection with the services related to engagement 4 v. STANDARD RATE SCHEDULE The services related to this project will be based upon the following Standard Billing Rates. Standard Billing Rates are subject to change each calendar year. Professional Standard Billing Rate Principal Engineer $150 - Principal .. . . $125 Senior Engineer $125 Engineering Associate I $100 Engineerinq Associate 11 $90 . . .. --.--........,.--..-.-..,...---.-.--..,.- Technical Associate $80 Staff Support $35 5 S:\Our Documents\Ordinances\06\Innovative Transporation Ord.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON APPROVING CHANGE ORDER FOUR AND AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND INNOVATIVE TRANSPORTATION SOLUTIONS, INC. DATED MARCH 5, 2002; EXTENDING SAID AGREEMENT, AND AUTHORIZING AND RATIFYING THE EXPENDITURE OF FUNDS FOR WORK TO BE PERFORMED; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CHANGE ORDER ON BEHALF OF THE CITY AND EXPEND FUNDS AUTHORIZED BY THE CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 5, 2002 the City entered into a Professional Services Agreement with Innovative Transportation Solutions, Inc. (the "Consultant") to provide transportation consultation services (the "Contract"); and WHEREAS, on March 2, 2004 the City Council approved Change Order One; and WHEREAS, on October 5,2004 the City Council approved Change Order Two; and WHEREAS, on October 18, 2005 the City Council approved Change Order Three; and WHEREAS, Change Order Four to the Contract attached hereto and made a part hereof by reference as Exhibit "A" (the "Change Order") is necessary to add additional tasks, to extend the Contract from October 1,2006 through September 30,2007, and to authorize and ratify the expenditure of funds; and WHEREAS, the City Council finds that the Change Order and Amendment serves valid public and municipal purposes and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 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 Change Order and Amendment in substantially the form of the attached Change Order and Amendment is approved extending the Contract from October 1, 2006 through September 30, 2007. The City Manager, or his designee, is hereby authorized to execute Change Order Four on behalf of the City and to make the expenditure of funds provided for by Change Order Four in the amount of $10,000 per month for a total of $120,000. Any expenditures previously made under the Contract are ratified and approved. SECTION 3. The City Manager, or his designee, is authorized to exercise all rights and duties of the City of Denton under this Contract. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. S:\Our Documents\Ordinances\06\Innovative Transporation Ord.doc PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: ... ~ -. .. .. . . .. '! : .. day of , 2006. PERRY R. McNEILL, MAYOR S:\Our Documents\Contracts\06\ITS change order.doc CHANGE ORDER FOUR AND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS S COUNTY OF DENTON S THIS CHANGE ORDER FOUR AND AMENDMENT to that certain contract made and entered into on the 5th day of March, 2002, hereinafter called "Contract" by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principle office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "Owner" and Innovative Transportation Solutions, Inc. with its corporate office located at 2701 Valley View Lane, Farmers Branch, Texas, hereinafter called "Consultant." WHEREAS, the parties wish to extend the Contract through the September 30, 2007 and make certain other changes more fully set forth herein; NOW, THEREFORE, WITNESSETH, that in the consideration of the covenants agreement herein contained, the parties hereto do mutually agree as follows: SECTION 1. Article II "Scope of Services" and Exhibit A attached to the Contract are hereby amended by adding the Exhibit A attached to this Contract (Change Order Four). SECTION 2. Article III "Additional Services" is hereby amended by changing the reference in paragraph two from the "Texas Natural Resource Conservation Commission" to the "Texas Commission on Environmental Quality." SECTION 3. Article IV. "Period of Services" is hereby amended to extend the period of service from October 1, 2006 through September 30, 2007. SECTION 4. Article V "Compensation" is hereby amended to provide that the consultant will be paid an additional amount of $10,000 per month or a total of $120,000 for the twelve month period from October 1, 2006 through September 30, 2007. SECTION 5. Save and except as amended hereby, all the remaining clauses, sentences, paragraphs, sections and subsections of the Contract shall remain in full force and effect. IN WITNESS HEREOF, the City of Denton, Texas has caused this Contract to be executed by its duly authorized City Manager, or designee and Consultant has executed this Contract through its duly authorized undersigned officer on this the _ day of , 2006. S :\Our Documents\Contracts\06\ITS change order.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: . (0;{). i..... t .'. .-f:--Jtd..~,...,............................... " ~rfAJu "J.~~ .~. L_~ Page 2 of2 CITY OF DENTON, TEXAS HOWARD MARTIN INTERIM CITY MANAGER S:\Our Documents\Contracts\06\ITS Ex A.doc EXHIBIT A WORK DIRECTIVE CHANGE NUMBER FOUR TO THE PROFESSIONAL SERVICES AGREEMENT WITH INNOVATIVE TRANSPORTATION SOLUTIONS, INC. This Work Directive Change (WDC) is made this _ day of 2006, between the City of Denton ("City") and Innovative Transportation Solutions, Inc. ("Consultant") to the above referenced Agreement (the "Contract") in the following respects: WORK DIRECTIVE CHANGE DESCRIPTION: Owner and Consultant acknowledge the following additions, deletions, or revision in the Scope of Work to be performed: D Facilitating the coordination between the City of Denton and the Texas Department of Transportation (TxDOT) on the reconstruction ofIH-35 E from southern city limits to US 380; D Facilitating the coordination between the City of Denton and TxDOT on the development of the Trans Texas Corridor; D Facilitating the coordination between the City of Denton and TxDOT on the development of Loop 9 known as "the outer loop"; D Facilitating discussions concerning the potential use of monies received by tolling SH 121; D Facilitating coordination between the City of Denton and Denton County concerning the County Bond Program that has a majority of the funds dedicated to transportation; D Providing any needed staff assistance for the City's Mobility Committee including attending monthly meetings; D Providing any needed staff assistance for the City's CIP and Bond Oversight committee; D Preparing grant and other funding applications; D Representing the City of Denton with appropriate federal, state, regional and local agencies and meetings; D Other transportation planning, funding, and coordinating work as required by the City. The continued use of ITS services is integral to the development of future transportation for the City of Denton, and will.almost certainly result in an overall savings of tax dollars above and beyond the expenditure for these services. Total compensation for these services through September 30, 2007 is $10,000 per month for a total not to exceed $120,000. City hereby directs the Consultant to proceed as follows: The parties to the Contract formalize this WDC as Change Order Four that changes the Scope of Work. It extendsthe term of the Contract through September 30, 2007. S:\Our Documents\Contracts\06\ITS Ex A.doc In all other respects, the Contract remains the same. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS FORM: EDWIN M. SYNDER, CITY ATTORNEY L..?zlr:t.fi....:............-i.....lJ.i. .t?..~....:......... ..... i.:.....'<. BY: /~ Cl..m ll~lVf .- t.;~. CITY OF DENTON, TEXAS BY: HOWARD.MARTIN INTERIM CITY MANAGER DATE: INNOVATIVE TRANSPORTATION SOLUTI Title: p~~ I Date: I V S ~/"OG Page 20f2 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 DEPARTMENT: Legal Department CM/DCM/ACM: Jerry E. Drake, Jr., Deputy City Attorney SUBJECT: An ordinance of the City Council of the City of Denton, Texas authorizing the Interim City Manager to execute a Professional Services Agreement with The Messer Law Finn for professional legal services relating to litigation styled Kisko v. City of Denton, Cause No. 2006-50265-367 currently pending in the 3671h District Court of Denton County, Texas; .authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND: The Messer Law Firm has agreed to provide outstanding legal services to the City of Denton at a very affordable cost The firm's 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 agreementcaps legal fees in this matter at $35,000, and the . agreement would need to be modified to exceed that figure. Jerry E. Drake, Jr. Deputy City A S:\Our Documents\MiscelIaneoos\06\agenda infbrwatiao sheet-messer-kisko.DOC .~'-~}o":t..:.";"~.' .,:. ." r,:~if..:""'~~"-~ "'" ~..~,..~..~. ;:_r:" \:.~'... ".- ":~-,-",,, .- _'~:;;".~': ::~:. .' __ ...:..:..:....:..~..~ .....~. 'r'::-' . ":," '". r-:I'~'~::"':: .... .. . . . o'.&__.?:::-~.~;,.:"': ... 0.... .;, ~ ..'o.~.o~_o.r' ""0 ~'-''''':''.:! ~-~.,.:.'.r~.-:'. =:....~.:.i.r..:..::..:i.:,;,i..-.... ~~~J.i,,::, tI:.b'~;" -~-~~~~---~~~-' '.~~~" I~~::':-::':'.--i-'''~'''L .~~ ~:'..::..." -r":':'._-':"'F ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE INTERIM .CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE MESSER LAW FIRM FOR PROFESSIONAL LEGAL SERVICES RELATING TO LITIGATION STYLED KlSKO V. CITY OF DENTON, CAUSE NO. 2006-50265-367 CURRENTLY PENDING IN THE 367TH DISTRICT. COURT OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTNE DATE~ WHEREAS, the City Council deems it necessary, appropriate, and in the public interest to engage The Messer Law Firm ("Messer"), of Frisco, Texas, to provide professional legal services relating to litigation styled Kisko v. City of Denton, Cause No.. 2006-50265-367 currently pending in the 367th District Court of Denton County, Texas; and WHEREAS, the City has previously retained and engaged the professional1egal services of Messer, and Messer has operated under other professional services agreements with the City regarding legal representation, which have demonstrated Messer's 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 legal services with its own personnel; and WHEREAS, Chapter 2254 of the Texas Govenunent 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 of professional services on the basis of demonstrated competence, lmowledge, and qualifications, and for a fair and reasonable price; and the City Council hereby finds and concludes that Messer is appropriately qualified under the provisions of the law to be retained as outside legal counsel for the City; 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 Professional Services Agreement; 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 Interim City Manager is hereby authorized to execute a Professional. Services Agreement with The Messer Law Firm for professional legal services relating to litigation styled Kisko v. City of Denton, Cause No. 50265-367 currently pending in the 367th 1 District Court of Denton County, Texas; in substantially the form of the Professional Services Agreement 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 The Messer Law Finn and the ability of The Messer Law Finn to perform the professional legal services needed by the City for a fair and reasonable price. SECTION 4: The expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. SECTION 5: This ordinance shall become effective immediately upon its passage and approvaL PASSED AND APPROVED.this the day of , 2006. PERRY R. ~NEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. S Y ..---- ~..--'~..-- ~".- S:\Our Documents\Ordinances\06\messer -kisko ordinance.doc 2 . : . J ~....-".: . .........- .. . . ...... ~.....: . - . - . ....;...,. -. ..-~-" ;;( . .....:-. ji::i" . -:.:...;. I ~...:.::.::..... .. - - ~ .": . ..:.: .....: - . .... ". .. . . .~._.:,...... ~ ~.,""". .-_.n:. r: .- ~ .:.~..:;.~..:~.:..;.... ":-:- ""t . ...~ ~ ~ ::-0" ...... -~ :. d ~-..~ .../ -;;. -: :.:....:.:.::..- ._~~~;~.:;.. - ... - .~. ... ..:- .- ." :..r-::: =i/.:" ,,::- CONTRACT FOR PROFESSIONAL LEGAL SERVICES STATE OF TEXAS 9 COUNTY OF DENTON 9 This AGREEMENT, made and entered into this the _ day of ,2006 by and between The Messer Law Firm, 6947 Main Street, Frisco, Texas 75034, hereinafter referred to as "Consultant", and the City of Denton, a Texas municipal corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City". WITNESSETH WHEREAS, City finds it necessary to employ outside legal counsel to perform professional legal services regarding litigation styled Kisko v. City of Denton, in the 367th District Court, Denton County, Texas, Cause No. 2006-50265-367; and WHEREAS, Consultant is willing to perform such services in a professional manner as an independent contractor; and WHEREAS, City desires to engage Consultant to render the professional services In connection therewith, and Consultant is willing to provide such services; NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the parties hereto do hereby mutually AGREE as follows: 1. SCOPE OF SERVICES Consultant shall perform the following services in a professional manner working as an independent contractor not under the direct supervision and control of City: Services to be provided: 1. Consultant shall evaluate the relevant facts and circumstances and shall advise City, by written opinion, with respect to its options and the legality of such options, regarding researching and responding to requests for legal services. 2. Consultant shall also consult, as requested, with the City Manager, the City Attorney, and any other designated City staff respecting any and all aspects of the services to be performed under this Agreement. 3. Consultant shall perform all the professional services required in a timely fashion, and shall complete same in compliance with schedules established by City through its City Attorney, through discussions with Consultant, as appropriate to carry out the terms and conditions of this Agreement. 4. Consultant shall, as directed by the City through its City Attorney, appear on behalf of City and represent the City as trial counsel in the aforementioned civil action. 2. TERM This Agreement shall be for a term of 36 months, beginning effective September 12, 2006 and ending on September 12, 2009. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence of this Agreement, and Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by City, through its City Attorney, or as the progress of this matter may require. 3. COMPENSATION AND METHOD OF PAYMENT A. Consultant shall charge the following fees for its professional services hereunder, based on the following fees for its professional services hereunder, based on the following hourly billing rates for the attorneys and support staff involved in this matter: Principal Attorney Associate Attorneys Paralegals $ 140/hour $ 125/hour $65/hour Time will be billed at one tenth (.1) hour minimum billing increments. B. Consultant will try to reduce costs whenever feasible by utilizing qualified principals, associates, paralegals, and law clerks. Consultant shall bill City through the submission of itemized invoices, statements, and other documentation, together with supporting data indicating the progress of the work and the services performed on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and descriptions and/or details of all services rendered, along with specific description and supporting documentation, if available, respecting any reasonable and necessary out-of- pocket expenses incurred. C. Consultant estimates and City agrees that all charges for the legal services hereunder, including reasonable out-of-pocket expenses, shall not exceed thirty five thousand dollars ($35,000), and Consultant agrees to notify City and seek a modification of the Agreement should the total fees exceed such amount. It is understood and agreed that the course of litigation is difficult to predict and that modification to exceed the total fee amount may be required. D. City shall either pay directly or reimburse Consultant, as the case may be, for reasonable and necessary actual out-of-pocket expenses, including but not limited to, long-distance telephone, telecopier, reproduction, overnight courier, on-line research, and travel. All copies will be charged at the rate of ten cents ($0.10) per copy for copies made within Consultant's offices, with as much photocopying as possible being done by outside vendors Contract For Professional Legal Services - Page 2 at bulk rates or by the city to reduce costs if bulk copying is necessary. The parties agree that there will be no charges for outgoing telecopies or incoming telecopies. Whenever feasible, City encourages cost savings by the use of computer files in Microsoft Word or Adobe Acrobat formats, attached to e-mail transmissions. E. The parties anticipate invoices or statements for services will be generated on a monthly basis and that said invoices or statements will be sent on or about the 1 st day of each month. City shall make payment to Consultant within 30 days of the satisfactory completion of services and receipt of an itemized invoice or statement. All reimbursable expenses, including, but not necessarily limited to travel, lodging, and meals shall be paid at the actual cost, pursuant to the terms, conditions, and limitations hereinabove set forth. All invoices and bills shall be approved for payment by the City Attorney. F. It is understood that Consultant shall work with the coordination and general supervision of the City Attorney or the Deputy City Attorney. G. All notices, billing statements and invoices shall be made in writing and may be given by personal delivery or by mail. Notices and invoices sent by mail shall be addressed to: Jerry E. Drake, Jr., Deputy City Attorney, 215 East McKinney, Denton, Texas 76201. When so addressed, the notice, invoice, and/or payment shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, invoices, and/or payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent, provided reasonable written notice is given. 4. PROFESSIONAL COMPETENCY A. Consultant agrees that in the performance of these professional services, Consultant shall be responsible for the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the same or similar types of work. For the purpose of this Agreement, the key persons who will be performing most of the work hereunder shall be Andy Messer. However, nothing herein shall limit Consultant from using other qualified and competent members of its firm to perform the services required herein. B. All legal opinions and other legal documents prepared or obtained under the terms of this Agreement are instruments of service and City shall retain ownership and a property interest therein. If this Agreement is terminated at any time for any reason prior to payment to Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of City upon request and without restriction on their use or further compensation to Consultant. Contract For Professional Legal Services - Page 3 5. ESTABLISHMENT AND MAINTENANCE OF RECORDS Full and accurate records shall be maintained by Consultant at its place of business with respect to all matters covered by this Agreement. Such records shall be maintained for a period of at least three years after receipt of final payment under this Agreement. 6. AUDITS AND INSPECTION At any time during normal business hours and upon reasonable notice to Consultant, there shall be made available to City all of Consultant's records with respect to all matters covered by this Agreement. Consultant shall permit City to audit, examine, and make excerpts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement. 7. ACCOMPLISHMENT OF PROJECT Consultant shall commence, carryon, and complete any and all projects with all practicable dispatch, in a sound, economical and efficient manner, and, in accordance with the provisions hereof and all applicable laws. In accomplishing the projects, Consultant shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by City. 8. INDEMNITY AND INDEPENDENT CONTRACTOR RELATIONSHIP A. Consultant shall perform all services as an independent contractor not under the direct supervision and control of City. Nothing herein shall be construed as creating a relationship of employer and employee between the parties. City and Consultant agree to cooperate in the defense of any claims, actions, suits, or proceedings of any kind brought by a third party which may result from or directly or indirectly arise from any negligence and/or errors or omissions on the part of Consultant, or from any breach of Consultant's obligations under this Agreement. In the event any litigation or claim is brought under this Agreement in which City is joined as a part, Consultant shall provide suitable counsel to defend City and Consultant against such claim; provided however, that Consultant shall have the right to proceed with competent counsel of its own choosing. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, attorneys, agents, servants, and employees against any and all such claims to the extent of coverage by Consultant's professional liability policy. Consultant agrees to pay all expenses, including but not limited to attorney's fees, and satisfy all judgments that may be incurred or rendered against Consultant's professional liability insurance policy. Nothing herein constitutes a waiver of any rights or remedies City may have to pursue under either law or equity, including, without limitation, a cause of action for specific performance or for damages, a loss to City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly reserved. Contract For Professional Legal Services - Page 4 B. Consultant shall maintain and shall cause to be in force at all times during the term of this Agreement, a legally binding policy of professional liability insurance, issued by an insurance carrier approved to do business in the State of Texas by the State Insurance Commission, which carrier must be rated by Best Rated Carriers, with a rating of "A-" or higher. Such coverage shall cover any claim hereunder occasioned by Consultant's negligent professional act and/or error or omission, in an amount not less than $500,000 combined single limit coverage occurrence. In the event of change or cancellation of the policy by the insurer, Consultant hereby covenants to immediately advise City thereof; and in such event, Consultant shall, prior to the effective date of change or cancellation, serve a substitute policy furnishing the same coverage to City. Consultant shall provide a copy of such policy and the declarations page of the existing policy to City through its City Attorney, simultaneously with the execution of this Agreement. 9. TERMINATION OF AGREEMENT A. In connection with the work outlined in this Agreement, it is agreed and fully understood by Consultant that City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any time upon written notice to Consultant, Consultant shall cease all work and labor being performed under this Agreement. Consultant may terminate this Agreement by giving City 60 days written notice that Consultant is no longer in a position to continue representing City. Consultant shall invoice City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement. All reports and other documents, or data, or work related to the project shall become the property of City upon termination of this Agreement. B. This Agreement may be terminated in whole or in part, in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. Provided, however, that no such termination may be effected, unless the other party is given [1] written notice (delivered by certified mail, return receipt requested) of intent to terminate, and not less than 30 calendar days to cure the failure; and [2] an opportunity for consultation with the terminating party prior to termination. C. Nothing contained herein or elsewhere in this Agreement shall require City to pay for any work which is unsatisfactory or which is not submitted in compliance with the terms of this Agreement. 10. ALTERNATE DISPUTE RESOLUTION Consultant agrees that, if necessary, it will use its best efforts to resolve any disputes regarding the Agreement through the use of mediation or other forms of alternate dispute resolution set forth in Chapter 154 of the Texas Civil Practice and Remedies Code. Contract For Professional Legal Services - Page 5 11. ENTIRE AGREEMENT This Agreement represents the entire agreement and understanding between the parties, and any negotiations, proposals, or oral agreements are intended to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be in writing and signed by City and Consultant. 12. COMPLIANCE WITH LAWS Consultant shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereafter be amended, including but not limited to the Texas Disciplinary Rules of Professional Conduct. 13. GOVERNINGLAW For the purpose of determining place of agreement and law governing same, this Agreement is entered into in the City and County of Denton, State of Texas, and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall be exclusively in a court of competent jurisdiction sitting in Denton County. 14. DISCRIMINATION PROHIBITED In performing the services required hereunder, Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 15. PERSONNEL A. Consultant represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or have any contractual relations with City. Consultant shall inform City of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement, in accordance with Consultant's responsibilities under the Texas Disciplinary Rules of Professional Conduct. B. All services required hereunder will be performed by Consultant or under its direct supervision. All personnel engaged in work shall be qualified and shall be authorized or permitted under state and local laws to perform such services. 16. ASSIGNABILITY Consultant shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of City thereto. Contract For Professional Legal Services - Page 6 17. SEVERABILITY All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services", "Independent Contractor Relationship," and "Compensation and Method of Payment" hereof, shall be held to be invalid by any court of competent jurisdiction, this Agreement shall be interpreted as though such invalid agreements or covenants were not contained herein. 18. RESPONSIBILITIES FOR CLAIMS AND LIABILITY Approval by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of its work; nor shall such approval be deemed to be an assumption of such responsibility of City for any defect in any report or other documents prepared by Consultant, its employees, officers, agents and consultants. 19. MODIFICATION OF AGREEMENT No waiver or modifcation of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid; and, the parties further agree that the provisions of this section will not be waived as herein set forth. 20. CAPTIONS 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. 21. BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement. IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be executed in duplicate originals by its duly authorized City Manager, and Consultant has executed this Agreement through its duly authorized undersigned partner, dated this the day of , 2006. Contract For Professional Legal Services - Page 7 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: S:\Our Documents\Contracts\06\messer contract.doc Contract For Professional Legal Services - Page 8 CITY OF DENTON BY: HOWARD MARTIN, INTERIM CITY MANAGER THE MESSER LA W FIRM BY: ANDY MESSER AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 CM: Utility Administration Howard Martin, Utilities 349-8232 .. DEP ARTMENT: SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an extension of a lease agreement between the City of Denton, Texas and the Greater Denton Arts Council, Inc. for leasing and renovation of certain real property owned by the City of Denton; providing for the expenditure of funds therefore; and providing an effective date. The Audit/Finance Committee recommends approval (2-0). BACKGROUND On September 1, 1981 the City entered into a contract with the Greater Denton Arts Council (GDAC) for the use of the building known as the Center for Visual Arts. The contract was for an initial period of 25 years with the ability to extend for an additional 25 years. However, some of the items in the contract were left open for negotiation upon renewal. OPTIONS 1. Accept recommended changes as outlined in the attached summary and amendment. 2. Give staff additional direction to make changes to the amendment. 3. Renew the prevailing contract without changes or amendments. RECOMMENDATION Option 1 is being recommended as it does set a maximum usage for the City. It also allows the City contributions to be reduced, upon mutual agreement, throughout the term of the lease. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) On June 16, 2006, the Audit Committee directed staff to amend the contract to reflect the directives of providing a shared responsibility of utilities to promote conservative usage, and incorporate a level of operational maintenance responsibility for GDAC. The Audit Committee approved the changes for the 25-year lease with GDAC on July 19, 2006. Since that time, renegotiations occurred, changing some of the contents of the contract. The new contract and terms were reviewed and approved by the Audit/Finance Committee Wednesday, September 13, 2006. FISCAL INFORMATION The recommended changes in Option 1 will result in an approximate decrease of $8,300 in City funding and labor, and an increase of approximately $4,000 in funding by GDAC. The Exhibit 1 contains a summary of the impact on each organization. - 1 - EXHIBITS 1. Ordinance 2. Center for Visual Arts Contract 3. Contract Obligation Changes 4. Minutes - 2 - Respectfully prepared and submitted, ~~~ Susan Croff Utility Process Q/C Auditor s: \Our Documents\Ordinances\06\GDAC.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING AN EXTENSION OF A LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE GREATER DENTON ARTS COUNCIL, INC~ FOR LEASING AND RENOVATION OF CERTAIN REAL PROPERTY OWNED BY THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton hereby finds that the lease agreement between the City and the Greater Denton Arts ColUlci1, Inc.. ("GDAC"), attached hereto and made a part hereof by reference (the "Agreement") serve a municipal and public purpose and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 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 Manager, or his designee, is hereby authorized to execute the Agreement and to exercise all rights and carry out the duties and responsibilities of the City of Denton under the Agreement, including the expenditure of funds as provided in the Agreement. SECTION 3~ This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R~ McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY. BY: APPROVED AS TO EDWlN M. S GAL FORM: , CITY ATTORNEY BY: Exhibit 1 i , Y:\audit\2006 Audit Plan \AR1\Final GDAC Agreement-2006.doc LEASE AGREEMENT WHEREAS, the City of Denton, Texas (the "CITY" or "Lessor") and the Greater Denton Arts Council, Inc. ("GDAC" or "Lessee") entered into that certain lease agreement dated September 1, 1981 providing for leasing and renovation of certain real property owned by the CITY (the "Existing Lease"); and WHEREAS, the initial 25 year term of the Existing Lease is due to expire on August 31, 2006 and the parties desire to enter into this lease agreement (this "Agreement" or "Lease") to take effect on September 1, 2006 and thereby superceding the Existing Lease; and WHEREAS, GDAC is a Texas Non-Profit Corporation dedicated to the promotion and provision of artistic performances of all kinds for the benefit of the citizens of Denton; and WHEREAS, this Agreement promotes the goals of the CITY's Public Arts Policy as follows: In recognition of the role that public art already plays in Denton, by interpreting its history, character, and aspirations, and of the importance of integrating public art into the daily lives of its citizens, the City of Denton's Public Art Policy has been established to achieve the following goals: ~ Create distinct, attractive, and inviting public space by including public art as an integral part of the design of spaces and around development.. )> Celebrate Denton's cultural heritage and diversity by encouraging collaboration between artists and the community. )- Distinguish Denton's image in the metroplex by providing for the creation of quality public art in locations of prominent stature. )- Foster community education and enjoyment of public art. )> Promote a community enviromnent that attracts artists to live and work, businesses to invest and locate, and residents to thrive.. >> Encourage participation in the provision of public art through public and private investment.. ). Advance collaboration between the City of Denton and the Greater Denton Arts Council (GDAC) in achieving the goals of this policy, Now, Therefore, In consideration of the mutual covenants contained herein, the parties agree as follows: SECTIONl.. LEASEDPRENnSES Subject to the terms and conditions contained in this Agreement, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor that certain real property together with improvements thereon and appurtenances thereto located at the southeast comer of Hickory Street and Bell Avenue, commonly known as the Visual Arts Center of Denton, and legally described as lots 6, 7, and 8 of Block 3 of the Railroad Addition to the City of Denton, Denton County, Texas (the "Property" or "Leased Premises"). All other real property leased under the Existing Lease, including the electric plant property now being used by the CITY as a fire station, was previously removed from the Existing Lease and is not a part of this Lease.. 1 Exhibit 2 Y:\audit\2006 Audit P1an\AR1\Final GDAC Agreement-2006~doc SECTION 2. TERM The term of this Lease shall be for a period of25 years, commencing September 1, 2006.. SECTION 3. CONSIDERATION It is the opinion of the CITY that the prior remodeling and renovations made by GDAC under the Existing Lease has resulted in enhancement of the value of the Leased Premises thereby accruing multiple benefits to the citizens of the City of Denton, which are consistent with the type benefits historically provided for citizens by municipal governments, and therefore fulfills a valid municipal and public purpose and is in the public interest. Therefore, such benefits together with the lease payments provided herein, and other of Lessee's covenants, are good, valuable, and adequate consideration for the leasing of the Leased Premises under this Agreement. Lessee shall pay rent in the amount of $1.00 per year, which has been paid in full for the 25-year term as of the effective date of this Agreement. SECTION 4. USE OF THE PROPERTY Lessee shall use the Property primarily to promote and provide the citizens of Denton with artistic performances and presentations of any and all kinds including, but not limited to music, theater, art, dance and film. Such performances shall be open to the public without discrimination for such charges as determined by the Lessee. fu addition, the Property may also be used for other ancillary public purposes, but with the understanding that the primary use will be for the visual arts" Lessor will be able to use the Property for CITY events at no charge, subject to the availability of space.. Lessee hereby agrees not to use the Leased Premises for any other purposes without the written consent of Lessor. SECTION 5. COVENANTS OF LESSEE 1. Insurance. The Lessee shall during the term of this Lease and any extension thereof pUrchase and keep in full force and effect, a policy or policies of insurance written by a company or companies qualified to write insurance in the State of Texas and having an AM Best rating of B+ or better, providing for the following coverage: a. Primary hazard insurance coverage in the amount of $1,000,000, covering the building having a maximum deductible of $1000. Proceeds from any such policy or policies shall be payable to Lessor. Lessee is solely responsible for providing insurance for any contents on the premises and the Lessor shall have no liability or responsibility for loss or damage to said contents. The Lessor reserves the right to insure the building in excess of the above amount, which coverage shall be secondary to the insurance required of Lessee. b. Personal injury and property damage liability insurance in the minimum amount of $100,000 per occurrence for property damage, $500,000 per occurrence and $250,000 per person per occurrence for bodily injury or death. Such policy or policies of insurance shall name the City as an insured party. The parties recognize and acknowledge that the amounts of coverage provided for herein are, as of the date of this Lease, the maximum limits of liability imposed upon municipal governments under actions brought against said govenunental units under the Texas Tort Claims Act. (Section 101.023 of the Civil Practices and Remedies Code) Should the limits 2 Y:\audit\2006 Audit Plan\AR 1\Final GDAC Agreement-2006.doc under said act be increased during the term of this Lease, Lessee shall increase the amounts of coverage provided for herein to an amount equal to the maximum amount of possible liability imposed under the Act.. Lessee shall provide Lessor with certificates of insurance or copies of policies of insurance required to be secured by Lessee herein upon the effective date of this Lease, and thereafter no less than annually or prior to the expiration or renewal of such policies. 2.. Janitorial Services. Janitorial services are defined as cleaning services for the interior of the building. Lessee shall provide janitorial services to maintain the premises in a reasonably clean condition. Lessee and Lessor shall each be responsible for and agree to pay for fifty percent (50%) of the first $10,000 of costs of said janitorial services up to an amount of $5,000 per annum each. Seventy-five percent (75%) of any janitorial costs incurred above the original $10,000 per annum shall be paid by Lessee and the remaining twenty-five percent (25%) shall be paid by Lessor. Lessee shall provide Lessor with written proof of all janitorial costs. 3. Maintenance. Maintenance or maintain is defined as on-going work and repairs to the Leased Premises necessary to maintain the Property in the same condition. throughout the term of the Lease as is reasonably practicable, normal wear and tear excepted. Maintenance does not include janitorial services, remodeling, or the construction of additional improvements. Lessee shall maintain at its sole cost the landscaping and irrigation system. Lessor shall maintain the building and those areas outside the building, not including landscaping and irrigation system. Lessee shall reimburse Lessor on an annual basis for all building maintenance costs up to a maximum amount of $2,500 per year. Lessor shall be responsible for building maintenance costs exceeding $2,500 per year. Lessor shall provide Lessee with written proof of all building maintenance costs. Should Lessee desire to provide maintenance services for the building it may do so by providing Lessor with notice of such work before it is performed and by providing Lessor with written proof of such costs after the work is performed. The cost of such maintenance services will be credited against Lessee's annual $2,500 share for maintenance costs. 4. Future Adjustments. The parties agree that the cost sharing arrangement for janitorial and maintenance services will be reassessed periodically, but not less than every five years. SECTION 6. DESTRUCTION OF LEASED PREMISES If the building or other improvements on the Leased Premises should be damaged or destroyed by fire, tornado, or other casualty, the Lessor shall have the option to either repair or rebuild the same to substantially the condition in which they existed prior to such damage, provided the repairs or reconstruction can be made wholly from the proceeds of insurance coverage provided for by the Lessee. Should there not be sufficient monies available from such insurance proceeds to repair or reconstruct the Leased Premises to substantially the condition in which they existed prior to such damage, the Lessor may cancel this Lease. SECTION 7. UTILITY COSTS Lessor shall pay for electric utilities up to a maximum of 308,000 kilowatt hours usage per lease year. All electric costs above such maximum annual usage will be reimbursed to Lessor by Lessee no later than 60 days after Lessee receives written notice of such overage. 3 .. .....: '\t'o Y:\audit\2006 Audit P1an\AR1\Final GDAC Agreement-2006.doc Lessor shall pay for water utilities up to a maximum of 450,000 gallons usage per lease year for the Leased Premises and all wastewater and solid waste charges~ Lessor shall provide Lessee with written information of monthly usage on a monthly basis. All water utility costs above this maximum annual usage will be reimbursed to Lessor by the Lessee no later than 60 days after Lessee receives written notice of such overage. Lessee shall pay for costs of any telephone services. The parties agree that the utility usage and cost sharing arrangement will be reassessed periodically, but not less than every five years. Notwithstanding the foregoing, it is lUlderstood that the annual maximums set forth in this section will not be increased. SECTION 8~ FINANCIAL STATEMENT, AUDIT Lessee shall furnish Lessor within thirty (30) days after the expiration of each lease year during the term of this lease a fmancial statement for prior fiscal year along with audited copy when received showing the total amount of monies received and expenditures made by Lessee during that year. Lessor shall have the right at all reasonable times to examine and audit, at Lessor's expense, the books and records of Lessee. SECTION 9. ACCESS TO LEASED PREMISES Lessee shall permit Lessor or its agents to enter the Leased Premises at all reasonable hours to inspect and maintain the Leased Premises or make repairs. SECTION 10. QlITETENJOYMENT Lessor warrants that Lessee shall be granted peaceable and quiet enjoyment of the Leased Premises free from any eviction or any interference by Lessor so long as the Property Lessee is not in default of any terms of this Lease. SECTION 11. INDE:MNITY Lessee agrees to indemnify and hold Lessor harmless against any and all claims, demands, damages, costs, judgments and expenses, including reasonable attorneys' fees for the defense thereof arising from the conduct or management of Lessee's activities in the Leased Premises or from any breach or from any act .or negligence of Lessee, its agents, contractors, employees, concessionaires or licensees in or about the leased premises. SECTION 12. ENERGY AND WATER CONSERVATION The Lessee pledges to do everything within its power to enforce the best possible energy and water conservation practices during its use of the Leased Premises. SECTION 13. ASSIGNMENT OF SUBLEASE Lessee shall not assign this Lease and shall not sublease the Leased Premises or any part thereofwithout the express written consent of the Lessor. SECTION 14. TERMINATION If Lessee defaults in the performance of any term, covenant, or condition required to be performed by it under this Agreement, Lessor may terminate this Agreement on giving at least 4 · ,'~ Y:\audit\2006 Audit P1an\AR1\Final GDAC Agreement-2006.doc 15 days notice to Lessee of such intention to terminate, thereby terminating this agreement on the date designated in such notice unless Lessee shall have cured such default prior to expiration of the 15 day period. SECTION 15. LEGAL CONSTRUCTION AND VENUE In case anyone or more of the provision contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision thereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. This Agreement shall be construed under the laws of the State of Texas and is fully performable in Denton County, Texas. Exclusive venue for the enforcement or interpretation of this Agreement shall be a court of competent jurisdiction located in Denton COlUlty, Texas. EXECUTED this the day of , 2006. CITY OF DENTON, TEXAS BY: HOWARD MARTIN INTERIM CITY MANAGER A TrEST: JENNIFER WALTERS, CITY SECRETARY BY: BY: {,(~ BY: N e: President ATTEST: City Secretary 5 215 E. McKinney St. Denton, Texas 76201 (940) 349-8230 · FAX (940) 349-8120 tl Ity mInIstratIon Obligations Utilities (units) Electric (kwh/month) Water (gallons/month) Contract Obligation Changes Current 3-Year Recommended Monthly Average Maximums CITY GDAC CITY GDAC Increase/Decrease CITY GDAC 28,000 53,000 25,700 37,500 Overage Overage (2,300) - (15,500) - Maximum Usage - The above usages are the calculated averages, based on total utilities paid by the City over the last 3 years with adjustments for usage anomalies. The new contract will set annual usages, as the maximum amount of usage the City will pay for the remaining 25 years. GDAC will pay any overages for usage related to the above maximums on an annual basis. Approximate monetary decrease for the City is $3,600. Note: numbers are rounded. Current Costs Recommended Increase/Decrease CITY GDAC CITY GDAC CITY GDAC Janitorial $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ - $ - Landscaping $ 2,500 $ 2,500 $ - $ 5,000 $ (2,500) $ 2,500 Maintenance $ 32,000 $ 1,000 $ 30,500 $ 2,500 $ (1,500) $ 1,500 Insurance - Building $ 3,200 $ 1,500 $ 2,500 $ 1,500 $ (700 ) $ - Totals $ 42,700 $ 10,000 $ 38,000 $ 14,000 $ (4,700) $ 4,000 Janitorial obligations are split 50/50 for the first $10,000 expenditures. For each additional $1,000 expenditure over $10,000, GDAC pays 750~ or $750. Landscaping Maintenance had been split 50/50 and included in Janitorial. Landscaping will now be paid by GDAC. Maintenance increases of $1,500 may not represent an actual increase, as there are items that GDAC currently pays that can be claimed towards this maintenance item (eg. sealing floor). Building Insurance - The contract requires GDAC to cover $1,000,000 building insurance with a maximum deductible of $1,000. The City will carry the coverage of $2,000,000 as a secondary policy. This will ensure full cover of the building currently valued at $3,000,000. Exhibit 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DRAFT MINUTES AUDIT/FINANCE COMMITTEE September 13,2006 DRAFT After determining that a quorum was present, the Audit/Finance Committee of the City of Denton, Texas convened in a regular meeting, Wednesday, September 13,2006, at 10:04 a.m. in the City Council Work Session room, at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Perry R. McNeill and Council Members Joe Mulroy and Guy McElroy Perry left the meeting at 10:30 a.m. and Guy arrived for the meeting at 10:40 a.m. EX OFFICIO MEMBERS: Howard Martin, City Manager Jon Fortune, Assistant City Manager Andrea Gage, Internal Auditor Susan Croff, Utility Process/Quality Control Auditor Joe Mulroy called the meeting to order at 10:04 a.m. 4. Receive a report, hold a discussion and give staff direction on a contract update and renewal with the Greater Denton Arts Council (GDAC) for the use of the Center for Visual Arts building and related City funding. Joe stated that the renegotiated contract with GDAC accomplished the goals set forth by the Audit/Finance Committee to instill a level of responsibility for the Center for Visual Arts utility usage. The Audit/Finance Committee recommends approval (2-0). ACTION ITEM: Submit GDAC Contract for the Center for Visual Arts to the City Council. 1 of 1 Exhibit 4 AGENDA INFORMATION SHEET AGENDA DATE: DEPARTMENT: CM: September 26, 2006 Economic Development Howard Martin, Interim City Manager SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving a second amendment to an Economic Development Program Grant Agreement dated November 27,2001 between the City of Denton and Denton Crossing Partners Ltd, which was duly assigned to Orix Hunt Denton Venture; and providing an effective date. BACKGROUND The City Council received a report from staff at their September 12, 2006, work session meeting regarding the proposed changes to the Economic Development Program Grant Agreement with Orix Hunt (Denton Crossing development). The proposed amendment provides clarifications for some of the definitions in the agreement. For example "Tenant Occupancy" now provides the date of the first certificate of occupancy - November 1,2004. The proposed amendment reflects that the following agreement thresholds or requirements have been met: 1. Hunt provided invoices and cancelled checks for in excess of $7.25 million. Each invoice was reviewed by Engineering staff to assure items submitted were eligible. The total cost eligible for reimbursement is capped at $7.25 million plus interest. 2. A total of 450,000 square feet of retail space has been built. The threshold in the agreement is 350,000 square feet. 3. Spencer Road has been improved to four lanes along the northern perimeter of the center. 4. Brinker Road has been extended through the shopping center to Spencer Road. 5. The agreement requires that the retail improvements be designed and constructed to provide an attractive retail environment consistent with other first class retail centers in the Dallas-Fort Worth area. An exhibit was provided as a sample, and the design is consistent with the exhibit. Since Orix/Hunt is no longer the property owner, certain provisions in the original agreement no longer apply to them. Orix/Hunt requests that these items be addressed. - 1 - 1. In the event of tenant turnover, the Grantee was required to diligently seek to obtain quality retail tenants that are new to Denton. Since they no longer own the property, they want it clarified that this requirement does not apply to them. 2. The Grantee/Property Owner agreed to "use reasonable efforts" to assist the City in obtaining sales tax information from tenants. Orix/Hunt has no ability to influence the tenants at this point. We believe that the Comptroller's Office is actually the appropriate contact for acquiring this information. They are asking that the agreement be clarified that this covenant no longer applies to them. Finally, Orix/Hunt requested a provision to address casualty events that result in a dramatic drop in sales tax revenue of 25% or more. The Grantee requests the grant be postponed for a period not to exceed 12 months and then resumed when the casualty is cured. Should a casualty occur, no interest would accrue during the postponed period. ESTIMATED SCHEDULE OF PROJECT N/A PRIOR ACTION/REVIEW At the September 12, 2006 City Council meeting, Council directed staff to bring this agreement back for consideration on September 26th. FISCAL INFORMATION N/A EXHIBITS Ordinance Amended Economic Development Program Grant Agreement Linda Ratliff, Director Economic Development Department - 2 - S:\Our Documents\Ordinances\06\Denton Crossing 380 2nd Amendment.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A SECOND AMENDMENT TO AN ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT DATED NOVEMBER 27, 2001 BETWEEN THE CITY OF DENTON AND DENTON CROSSING PARTNERS LTD. WHICH WAS DULY ASSIGNED TO ORIX HUNT DENTON VENTURE; AND PROVIDING AN EFFECTNE DATE. THE COUNCIL OF THE CITY OF DENTON HERBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute a Second Amendment to the Economic Development Program Grant Agreement (the "Amendment"), in substantially the form of the Amendment which is attached hereto and made" a part of this ordinance for all purposes.. SECTION 2. The City Manager, or his designee, is authorized to exercise the City of Denton's rights and duties as set forth in the Amendment. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006~ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. S R, Y ATTORNEY BY: SECOND AMENDMENT TO ECONONUCDEVELOPMffiNTPROG~GRANTAGREEMffiNT THIS SECOND AMENDMENT TO ECONOMIC DEVELOPMENT PROGRAM GRANT AGREEMENT (this "Amendment") is entered into as of this _ day of September, 2006, by and between THE CITY OF DENTON, a municipal corporation ("City") and ORIX HUNT DENTON VENTURE, an Illinois general partnership ("OHDV")~ WIT N E SSE T H: WHEREAS, the City and Denton Crossing Partners Ltd. ("DCP") entered into that certain Economic Development Program Grant Agreement, dated as of November 27, 2001 and filed of record with the County Clerk of Denton, Texas on December 21, 2001 at Volume 4989, Page 00274, as assigned by DCP to OHDV by Assignment of Economic Development Grant Agreement, dated September 11, 2002 and. recorded with the County Clerk or Denton on September 13, 2002 at Volume 5170, Page 84 and as amended by Amendment to Economic Development Program Grant Agreement, dated January 21, 2003 (collectively, the "Agreement") WHEREAS, OHDV sold the Property on October 18, 2004 to Inland Western Denton Crossing Limited Partnership, but retained the rights of Grantee under the Agreement. WHEREAS, the City and OHDV desire to make certain amendments clarifying the rights of OHDV under the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1 ~ Recitals: Definitions.. The recitals set forth in this Amendment are incorporated herein by this reference and made a part hereof as if fully set forth as paragraphs in this Amendment. Initial capitalized terms used but not defined herein shall have the meaning. ascribed to them in the Agreement 2~ Amendments~ (a) The following definitions are added to Section 2 of the Agreement: (i) "Property Owner" means the owner or owners of the Property, at any given time. (b) The following definitions are amended and restated in their entireties in Section 2 of the Agreement: (i) "Actual Cost" or "Actual Cost of the Public Participation Items" means $7,250,000. NGEDOCS: 015078.0530: 130653 8.2 (ii) "Grantee" means OHD"V and its successors and assigns of the right to receive Program Grant"" payments under the Agreement and any and all rights under the Agreement related thereto. (iii) "Interest" means interest on any unpaid balance of the Program Grant , which shall accrue at a rate equal to the tlrree month LIBOR rate as identified by Fannie Mae plus 275 basis points, and shall be calculated and compounded monthly. The unpaid balance of the Program Grant shall be calculated based on the Actual Cost [of the improvements and work represented as Public Participation Items in Exhibit A] ~ As such Actual Costs are incurred by Grantee, such costs shall represent an equivalent component of the Program Grant for purposes of calculating Interest. Such program Grant components shall accrue Interest for the term of the Program from the date that Grantee incurs the corresponding costs for the design, construction or other work representing the Public Participation Items. (iv) "Program Effective Date" means June 1, 2005 (Sales tax reported as of June 1, 2005, actually paid to Grantee on September 2, 2005). (v) "Program Grant" means a grant of Y2 of 1 % of the Total Taxable Sales for" a period of 180 consecutive months, but not to exceed $7,250,OOO~OO plus accrued Interest, to be paid by the City to the Grantee in 180 monthly installments during the term of the Program (vi) "Property" means that certain tract of approximately 54 acres more particularly described in Exhibit B attached hereto~ (vii) "Tenant Occupancy" means November 1, 2004~ (c) Section 4 of the Agreement is hereby amended and restated in its entirety as follows: "For each month of the Program Grant term, City agrees, subject to the conditions contained in this Agreement, to make a Program Grant installment payment to Grantee on or before thirty days following the City's receipt from the State Comptroller of the Monthly Sales Tax Report indicating sales tax revenue from businesses located on th~ Property~ Monthly Program Grant installation payments shall be calculated as provided in Section 5 below. Tenant Occupancy shall be a condition precedent to the initiation of Program Grant payments. If Grantee and Property Owner are the same entity, Program Grant payments may be withheld at any time if there are delinquent property taxes on the Property and will not be resumed Wltil such delinquency is cured. The City and Grantee acknowledge that Substantial, Completion of the Improvements occurred on August 2, 2004 with respect to.. the Retail Improvements and on August 2, 2004 with respect to the public work~~" NGEDOCS: 015078.0530: 130653 8.2 2> (d) Section 6 of the Agreement is hereby amended by deleting the section in its entirety. (e) Section 7 of the Agreement is hereby amended and restated in its entirety as follows: "During the term of this Agreement, the City reserves the right to conduct audits of the sales and use tax records of businesses located on the Property if, in the sole opinion of the City, such action is determined to be necessary. If Grantee and the Property Owner are the same entity, Grantee agrees upon request to use reasonable efforts to assist the City in obtaining such records from tenant taxpayers.. If Grantee and Property Owner are the same entity, failure to provide such assistance shall be grounds for default, and City may withhold any installment payment until such assistance is provided. During the term of this Agreement, the City will keep, or cause to be kept, copies of the Monthly Tax Reports and proper and current books and accounts in which complete and accurate entities shall be made of the amount of sales taxes received by the City from the State of Texas attributed to the Retail Improvements and such other calculations, allocations and payments required by this Agreement During the term, the City shall prepare within 120 days after the close of each fiscal year of the City and within 90 days after the close of each calendar quarter, a complete financial statement for such year or quarter, as applicable, in reasonable detail covering the above information, and shall furnish a copy of such statement to Grantee.. Upon the request of Grantee, and at Grantee's exp"ense, City shall have the annual Program Grant financial statement prepared by an independent certified public accountant.. UP9n request of Grantee, City shall provide copies of City records related to the Program Grant to Grantee or its investors, lenders, or other parties designated by the"::Grantee. The City shall allow Grantee access to all reports, books, accounts 004 other information related to sales tax, except for documents that are deemed cotllidential by the State Comptroller's office during business hours upon forty-eig~t (48) hours advance written request The City shall furnish Grantee a copy of the Monthly Sales Tax Report, or similar report from the State of Texas in a timely manner each month during the life of the Program Grant." (t) Section 8 of the Agreement is hereby amended by deleting the word "either" in the fIrst (13t) line thereof and replacing the same with the word "any".. (g) Section 10 of the Agreement is amended by adding the following phrase after the phrase "arising out of Grantee's obligations hereunder" in the first (18t) sentence thereof: "(but not Property Owner's)". (h) Section 15 of the Agreement is hereby amended and restated in its entirety as follows: "This Agreement shall be binding on and inure to the benefit of the parties, their respective successpfS and assigns. Upon written notice to the City, each of Grantee and Property ~Owner, in its sole and absolute discretion, may assign all of its rights and/or o~ligations hereunder; provided. however that in no NGEDOCS: 015078.0530: 130653 8.2 3 event may Grantee or Property Owner assign only a portion of their respective rights and/or obligations hereunder.." (i) The following Section 21 is added to the Agreement: "Casualty: In the event of any casualty to the Property that results in the physical destruction to the Property (whether fire, act of God or othelWise) which closes operation of all or a portion of the Property and results in a decrease in sales at the Property of 25% or more, Grantee shall give the City written notice of such casualty no later than (60) days after the occurrence of such casualty, and the Program term shall be extended from the time of such notice for an amoWlt of time equal to the amount of time that operation of the Property is closed due to such casualty, not to exceed twelve (12) months with respect to any given casualty.. During such time period the Program Grant Payments will be suspended so that the total Program Grant Payments shall not exceed one hundred eighty (180) monthly payments. Also, during such suspended time period interest will not accrue. However, in no event shall the Program term be extended for more than twenty four (24) months total as a result of such casualties~" 3. Assigmnents. The City acknowledges that OHDV has conveyed the Property to Inland Western Denton Crossing Limited Partnership, but has retained the rights of Grantee under the Agreement and hereby recognized OHDV as the Grantee under the Agreement.. 4. Representations. The City hereby reaffirms the representations set forth in Section 11 of the Agreement.. OHDV hereby reaffirms the representations set forth in Section 12 (b) through (d) and hereby represents that Gr~antee is a general partnership duly organized and validly existing under the laws of the State qf Illinois and had and has the legal capacity and authority to enter into and perform its obligations under the Agreement 5. Successors and Assigns~ This ~endment shall extend to, be binding upon and inure to the benefit of the respective heirs, devisees, legal representatives, successors, permitted assigns and beneficiaries of the parties hereto. . 6. Counteroarts~ This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, and all of such counterparts shall together constitute one Amendment. 7.. Conflicts.. To the extent of any inconsistency between the terms and provisions of this Amendment and the Agreement, the terms and provisions of this Amendment shall control. 8~ Except as expressly amended herein, all other terms, covenants and conditions of the Agreement shall remain in full force and effect. 9. Facsimile signatures shall be deemed originals signatures for pmposes of creating a valid and binding Amendment. NGEDOCS; 015078.0530: 1306538.2 4 IN WITNESS WHEREOF, the parties hereto have executed and delivered this Amendment as of the day and year first above written. CITY OF DENTON, TEXAS , Mayor ATTEST: City Secretary ORM: GRANTEE: ORIX HUNT DENTON VENTURE, an lllinois.. general partnership By: ORIX Denton Limited Partnership, an Illinois limited partnership, its partner By: ORIX Power Center Denton, LLC, its general partner By: ORIX Real Estate Capital, Inc.., its managing member By: Name: Title: NGEDOCS: 015078.0530: 130653 8.2 5 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 CM: Economic Development/Downtown Development Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, designating the property located at 918 West Oak Street as a Historic Landmark under Section 35.7.6 of the Code of Ordinances providing for a penalty in the maximum amount of $2,000 for violations thereof; and providing for an effective date. (Historic Landmark Commission recommends approval 6-0. P & Z recommends approval 6-0.) BACKGROUND Applicant: John and Donna Morris Denton, Texas John and Donna Morris, owners of 918 West Oak, have made application for Historic Landmark designation for this property. The application is thoroughly documented and well prepared. The property at 918 West Oak has been submitted under the following criteria: 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas or the United States. 2. Embodiment of distinguishing characteristics of an architectural type or specimen. 3. Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, State or United States. 4. Identification with a person or persons who significantly contributed to the culture and development of the City, State, or United States. The structure clearly meets several of the criteria and has sufficient data for consideration as a Historic Landmark. Built in 1895, this Victorian cottage was originally a three-room house. The pier and beam foundation is made of Bois D' Arc stumps and many of the supporting beams are rough sawn lumber joined with square pegs. It is believed to be the third oldest house on Oak Street, and perhaps one of the oldest homes in the entire city. The exterior of the house is well preserved, and many of the interior features are original. RECOMMENDATION The Historic Landmark Commission recommends approval 7-0. Planning and Zoning recommends approval 6-0. Public hearing notices returned: 3 in favor, 0 against, 1 refused delivery. PRIOR ACTION/REVIEW August 8, 2005-Historic Landmark Commission reviewed the preliminary application for historic landmark zoning for 918 W. Oak and made a recommendation to applicant to proceed with a final application (7-0, with Morris abstaining) June 12, 2006-Historic Landmark Commission held a public hearing to review the application for 918 West Oak Street to determine eligibility for Historic Landmark designation under Section 35.7.6 of the Code of Ordinances and determined that the property was eligible for designation (6-0, with Morris abstaining). July 12, 2006- The Planning and Zoning Commission held a public hearing to determine eligibility for Historic Landmark designation under Section 35.7.6 of the Code of Ordinances and determined that the property was eligible for designation (6-0). FISCAL IMPACT In the City's code, under Section 10-128, owners of local historic landmarks may apply for a 50% city tax exemption for a period of 15 years. The property and improvements are currently valued at approximately $90,617. At the current tax rate, the annual city tax exemption would equal $276. ATTACHMENTS 1. Ordinance 2. Application for historic designation 3. Map of site 4. Excerpt of minutes from HLC August 8, 2005 meeting 5. Excerpt of minutes from HLC June 12,2006 meeting 6. Excerpt of minutes from Planning and Zoning July 12,2006 Prepared by: ~~:~1~:~:~~~~~ <;g;:-;:.~:?; .. r"~?--"_ -~ ~)~I Julie Glover Downtown Development Manager Respe~tfully sub~itted: Linda Ratliff Director of Economic Development 2 S :\Our Documents\Ordinances\06\918 Oak ordinance draft. doc ORDINANCE NO~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 918 WEST OAK STREET AS A HISTORIC LANDMARK UNDER ARTICLE V, SECTION 35-215 OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTNE DATE~ WHEREAS, the Historic Landmark Commission and the Plamring and Zoning Commission of the City of Denton have recommended that the property herein described be designated as a historic landmark in the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The property located at 918 West Oak: Street, being more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), is hereby designated as historic landmark under Article V, Section 35-215 of Chapter 35 of the Code of Ordinances of the City of Denton, Texas~ SECTION 2~ The Property shall be indicated upon the zoning map of the City of Denton as a historic landmark by the letter "H," and the Property shall be subject to all terms, provisions and requirements of Article V, Section 35-215 of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, and such designation. shall be in addition to any other use designation established in the City's zoning ordinance applicable to such property~ SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,0.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense~ SECTION 4~ 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-Clrroni.cle, 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~ PERRY R. McNEILL, MAYOR Page 1 Exhibit 1 S :\QUf Documents\Ordinances\06\918 Oak ordinance draft.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M~ SNYDER, CITY ATTORNEY BY: Page 2 S :\QUT Documents\Ordinances\06\918 Oak ordinance draft.doc EXHffiIT "A" All that certain lot of parcel of land being part of BLOCK 2, FERGUSON ADDITION, and Addition to the City of Denton, Texas, plat of which is recorded in Volume 64, Page 274, Deed Records, Denton Connty, Texas, located at 815 N. Locust Street, being the same lot described in a deed from Mrs. A.E.. Wilkerson, et vir to Miss Myrtle Brownlow, on November 23, 1912, and recorded in Volume 127, Page 33, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at the Northeast comer of Samuel Gary lot as described in a deed recorded in Volume 105, Page 428, Deed Records, Denton COWlty, Texas, on the west line of North Locust Street; THENCE North 890 50' west, 189.0 feet to a steel pin; THENCE North with a pipe rail fence 60.0. feet to a steel pin; THENCE South 890 50' F. 189.0 feet to a nail set in an asphalt drive on the West line of North Locust Street; THENCE South 60.0 feet to the PLACE OF BEGINNING. Page 3 FINAL APPLICATION mSTORIC LANDMARK ZONING PETITION CITY OF DENTON, TEXAS " . Site Address q I 8' tJ ~-+ OA k SfY'4:. e. + " [ Legal description (lot and block or metes and bounds - a~ Expihil A if ~ecessary) g iA.,j L '^'(. ~~I ~CA.y'Vl.y t IIh.:sfy{A.c.+ q9& - Lot / of IkE Yrl.lJ~Y\t h~ 0$+ If JJ;1;'()Y\. 7[0 I~ m E:.. 5iA.S P I./tt/ Present use:r-r/ v'" t Kts;J t:nc f..; Current zoning: OS I ~ L. ~ ; t y i ' Attach street side photo , [\ , . Name of owner(s) ~ h V\ ~ J....\. -b\'\ V\~ roo V- '<' ( S Address 9' I ~ GJ 0 A I<- D€- Yl.1CJ,J $1i. ~ S Telephone numberlE-MaiI 9 ;I U - (} 0 - O[('l) '1 - '. I may be listed on a separate piece of paper.) {\ 'J <" Signature of owner (if different from applicant.) Exhibit 2 Final zoning application---2 ConstructionIDescription 1. Date(s) o~hist~rical occurrence, constru<:tion of~eature, persot insti~on or ttc archeologIcal SIte: ,Bt,c.-J If /,J / g' 9'6 -/-1',... \), c:'- (/y I no. , c,J a. t~' ttJ~ n Y' ~ I A/n. / 1" A fA J"; I' A'A-_"5 n ~~ Yo () ~ h n (A ..<i E..- 730/_<:' c/f f)RC-c a"5~ {)s. n<\t. U ~tA.fPO'lf f-L.. O;r_c J- fI , kCLYn -h},-^-"Y\ J~.-o,J. 13rfLW\.s 0.. Y-f" YO{~t... ~C\t^),J llj vvt Lx- :J<> 'f Y\ f"j ~U ; tI ~"5IIA 0-. v"€-- Yl t\J. ~ Is 2. Demonstrate the importance of the event, feature, person or institution. Provide a detailed explanation of why this site marker will be of importance to the entire community: (Exhibit "A") _ '. j;; /h~ /,aJ C\<)n.,~ brly;J 'rno.-;L)S .5Lnf~) flfJ... (")Y'~/NVL I . o-dl / . I W~$ / L ~. if py(~f nf' & hna~c. Jr^"u~' 7])~ /L, L ~~o:J COn?.A; (L P/E/J? ~ y t'J~ ?YO nn / ~E.JI 7)FAi t J ~Yl'1;1' :rf.lJ~~ rJWY1 ~j /CA.~_ ejy ~~,J ~ Qo: f) ~ hI 'U-. f L y~-r u.- 0 F rL c:.y ~l eN?€- Yl ~i;o ,.)u) bo.'r-t... 'By /9 J~1~ ;1: 00..s aUJ N by J. lLJ"3 E- ( \ , 7JJT /)o~ '( Lit (~hA ~I.J tN-.Jf",f o-f D~'Y\t#\.) ~')cAooL. -h--o fY'I / q :J () - /93..:1..) i:; 0 u...:J 1-1- ~ k (,{ s ~ / r :1.-/ cf J) v~c! Ot-l. f j/'~ /,.{; liE YE. Jt /'s a____") j; y- o.,.:> I <La v... di1;;,YYJ/,JE.- -It. _~RJ 0 Ij~s-f AOlA...~€- :U:;/( l~€~:~j ~;::}lf oAir oL & Final zoning app-3 34 Documentation to verify importance (support for item 2). Attach copies of for permanent files (newspaper articles, government records, history books, photographs, etc.) Label as Exhibit "B." Currently listed on National Register? Recorded Texas Landmark? .111 ll_ r lllltllJllIMn" JlT. HII - Local surveys or recognition? 4. Architect . . d. ".. _It..jUt . _'fln IIfl n..- 5. Builder 6. Exterior material 7. Roofing 8. Doors 9. Windows 10. Porches 11. Outbuildings 12. Landscaping and fencing ---.:i~ ,(; ~. cf HI J 111 mUJ - ill r Ii n T I .lilT: 11l:I_11l:1. !~ iL llJl 1& ~ Hili!. -- 918 West Oak Street Anyone who knows me has heard me say," Old houses just talk to me." I also enjoy putting the people or things that I research in their places in history. Listen and I will tell you what the Doggett house has to say. Back in the 1870's Denton was a small but growing town when William Mounts arrived on the scene. Oak Street was a dusty wagon trail that lead west of town to some farms and ranches. Mr. Mounts bought himself a few acres of land out of the east side of the Puchlaski Survey (an original land grand certificate) and built himself a fine house on top of the highest elevation of his land. It overlooked the creek and the town square. A dusty lane led from his house to Oak Street. Mr. Mounts like several other enterprising gentlemen of that era liked to buy and sell land. In fact me thinks that they often played poker using their land parcels as poker chips. This frequently happened on July 4th. It is amazing the number of lots I found during my research that exchanged ownership on July 4th. Mounts on July 4, 1874 sold a section of his land to Dr Curvier Lipscomb. Dr. Lipscomb had a fine family with sons named Curvier, Priestley, and Clough. He built himself a fme house at the juncture of Oak Street and Mr. Mount's lane (Mounts Ave. today). It is no longer there. By 1878 Mr. Mounts was dividing his land and platting neighborhoods. The frrst Mounts addition to the town is now a reality. It is bordered by Dr Lipscomb on the east, West Oak Street on the south, Ponder Street on the west, and a street known as Mounts Ave. on the north. The addition has 6 lots. One of them is a double lot. About his time OK Harry built a little house farther out on Oak Street. It is the May House that we know today at 609 West Oak. Mr. Mounts platted out 2 more subdivisions. Somewhere between the 1st and 2nd Mounts Additions Mounts Ave became Gregg Street and Dr Lipscomb bought the first two lots of the 1st Mounts Addition. The 2nd Mounts Addition lies north of the 1st and west of the Mounts house. The WH Mounts Addition lies on the south side of Oak Street. By the early 1890's the merchants and bankers were eying West Oak Street with great interest and Silk Stocking Row was becoming a dream. Dr Lipscomb's family had now grown. In1895 on July 4th in a selling frenzy or a bad day at the poker table he sells lots 1 and 2 of the 1 st Mounts Addition to his SODS. Priestley is married and studying to be a doctor. So he builds a small house for his bride on lot 1. Clough is not married so he sells his lot to his brother. Priestley's house is a modest 3 rooms and hallway Victorian Cottage. It bas 12 foot ceilings for cooling in the summer. In the winter it is heated with a cook stove in the kitchen and a pot bellied stove in the parlor. It also had the most beautiful backdoor on the street. A mere 18 months later either Priestley's family was growing or his wife had decided that she was living way too close to her mother in law. In either case he bought another lot from Mr. Mounts, built a larger house and moved his family to the comer of Amarillo and Congress Streets. He sold his little house and lot 2 to John C.. Coil, a cashier at the Exchange National Bank: on the Square. The 1901 footprint of the house on the Sanborn Insurance maps show the large east parlor and a second bedroom had been added. The 1907 Sanborn map verifies that the street address is 125 West Oak. It also shows and addition of one small room at the back of the house.. This is the bathroom.. The 1909/1910 City directory shows Mr.. Gran Christal, his wife and 3 children residing at 125 W Oak Street. Severa1large Queen Anne and Victoria mansions now fill the lots up and down Oak Street. By 1915 the house was 0\\'1100 by James D.. Bell and his wife alOllg \vith several other lots on W Oak Street. In Sept of 1916 he sold it to Dr. Richard t"fa..dell.. Dr rvlaIldell was a delltist \vho practiced in an office on the Square. It must have been a prosperous practice because in May of 1920 they sold the little house to a widow lady, Mrs. L.. !vi.. C,ox, and moved to a bigger and better abode~ 1920 was also the year that the city fathers changed the house numbering system in the city. 124 \V. Oak became 918 W.. Oak. t-vfis.. Cox sold the house in Sept of 1921 to William T Doggett. Mr. Doggett was Superintendent of Dellton Cit~y Scllools at the till1e tllat hebotlg!lt tIle 11ouse~ This is a position which he held for 12 years. The new city high schO*:J! \l/as completed in 1924 ililder obis su~~r~lision~ We ha\'e 11anging is OUI" parlor a Denton High School diploma for Fred Rah,es. He graduated Dee. I 8, 1924. The diploma is signed by WT Doggett, Superintendent; l\O Ca)holli'~ Prinl.;pal; Dr Thomas Dobbirrs, Pres of Sclu)ol Board; and eM Mizell, See 918 \Vest Oak \~las O\ilnOO by a nlember of the Doggett family lUltil we 1........-_....."'_-_1....+ :. :,..".. .....1\1\.... -'6_ n_.........-..-ett~ +t,y hild bo d -sed there Hi Wm K V~lut9H. li. 111 kUV"'1'~ lVll.. 1...J\"'bb'CIl. S ,,"0 C ren were man. rat . s son Doggett returned to live in the house after a career ill tIle US Na\'J'.. W_hCil11C died h:1 the house in 2003 he was last member of the Doggett family still in Denton" ,,!t-..~....,.v.. -:.,.".c -......,..-..r..h~"..~d ...L...... .....-;n:!:.':~ "::I.J"..!'!o :~---..........t:""'.rJ.l,",,,, ~"~;:""ed the ~1?"ork of and extensl.ve "1t'?j ll\...-ll ~~. . j!UJ.. \..> -......... ~ h"V~ ~~w J..l..U.ll.J.?vU-..lal"" J ~1.'\.-LI. \: ... pr(:je.ct to sa'!e and restore the house.. The kitchen cabinets have the originals glass fronts and door knobs and pulls. The ch&idelier in the dining rCr(lill arld t.~e light tl:xture in tll(: parlor are the original fixtures. We even managed to save a piece of tIle original "\~'"31lr~rsCr ill the dh~g room.. It is frcJned and hangs in the dining room today_ We were able to save tl:~ original floors in four of the rooms and hallway. In places where we had to replace- boards we ptJlled Ol~ S(}tlare nails. Since t.l:~ h(1t~f~_: is 111 yer3fS {.lIt! fU1JJ quite possibly the 3M oldest house- on Oak Street I respectfully request (hat ~~ I-figft)rie ~{~ker Designation be approved.. -- z ~I IJ.L.I .J:ilo:Sl~.tI ~ t:: ::g ~ .2 t.a.l 0 0 'dl > ~:s~~ .,.. , < < 0 CD Cl. .! ~ == :.:3 '2 n:: s ~ CD Dot i f- tI) "t:J >; ~ ..... ill 0 ~ . tJ ~ a.I c>> n:: 18 CD ... .:: ~ 0 .!: c>> c>> a.I .t .b ... 0 to =' 0 0 j :( ~ l>> t) Z () U) en f-l CD e 0 :~ 0 H H H ,0 ,....1 N ::r: - . ..,.........-. VI a. E :! en c: o ~ ell :g ! 8 c:: S! 'E ... . "t1 "ii c: (3 CD 'E o i~ Ii o > I · 10 .s '0 "t1 c: ~ fl cS '0 "t1 ~ 1t:2 ~ o. ~ cr:: tl4 s: · ~ .popjtO f,&J ....., tIl '. GS Z Q) 'H ~o ~;CD Gj :E-t 8 0' ~ · J:I e-:-: ~R . ())I~ 0 0:: 0 0 w cz:: t...' f5 ~.! 0 ....J ~ 0 :r: z ..... w ..... ::3 'l:. c:: ~ ;.J 0 ~ ~ .... u ti t..:I U'l Q o w tI) i. -.0 '1j c: 0 ...J 13 QI ~ ::I "8 > > ... ci i5 ~ t1 p:: Il.. at ::I ti > 1 ~ im ~ ... \ f""'" 0 I , 2 CD . '.' >- Ul . ::I ~ ] ...a , ~I ~o :g ~ Ian '=1 I~I 811 :z: .. 0 0 U. t= tJ II:( l.s.. ::;) .d ;! a (D > 0 0 % Q) j ::l 11 > ~ :J ~ w ~ 0 B :g < ~ dl = 1d ffll en - c- ~ON .d .0 aUl UllM 1:1: SVX31 'NOIN30 :10 OllOJ311 dIHS~3NIA\O aNY NOllvnlVA __ ,~ -'t.~ I BUILDER: IARCHITECTU RE ~ah-t.-J F.H.A. COMMITMENT: FOUNDATION S()lid ~ Piers I,~__~ping Under Pinninr; II I l:bup t Bldg. S GRADE: j INTERIOR TRIM ./' J Pine Remark's: -OWNER'S ESTIMATE OF VALUE: landS ASKING PRICE S .ON MARKET? OfFER." I Concrete Milled <\::1 ../I Plain V I Ceili~g ~ WIN DOW SAS$& ENTRANCES ..,:<:: . NUIl1~~:_ vPl~n Glass . ,"--,.... .' .... '. - ,,.... ~!IJI!!lt.' - , ' . ',.. ..'. "',' ". " ,',.'UlIIta'- Ll-Entranees ,_ I I Front , I I Rear I PLUMBING v1GRADE:M Modern. ""'1 Wood Piers .I~~SEMENT IFull. .. . .Half t ['l~- Garage I Rooms Size Thickness of Wall EXTERIOR WALLS a/1Wood 'Frame Steel Frame Height Water Heater Native Stone Cut Stone ~'!~... .$diil'/ 1"<' '. '1tE=--- . '.'i :'j-:-.':, ,..' . ','~',.,.._, v . Sink ;~'r: a/ N\ Drain .:',- ./ Kitchen Cab'ts ! Broom Closet ~ Water Heater ..... lncinerator Solid Masonry>' ~::="7.. .......~_i CementBlock. 'QIIII.. ~ Thickness of wall Height ROOf TYPE AND MATERIAL I ./ Gable V )r\t ./ Hip I Flat ---\Shei--- , 'I Gambrel v Pitch N , Dormers Size S FLOORS AND FINISIH ,~\Vood Joist .. ::""'_ I Ste..,el Joist Cone. Joist V I P 'cr., ~ Pine Hardwood' I Sub-Floors INTERIOR WALLS J Unfinished fIIIJ1Ir ~p~: & Papered ..... . ~allboard I I Sheetrock I PARTITIONS v'i W oodstud ~etalstud v' ! Shiplap I Sheetrock ---hSheet Metal I Boxing Shower Stall Comb..S- Tub Med. Cabt. Dress. Table Linen Closet '.:< ->. II Shingle I Tile. Slate Metal :- ,,_,'.;' '.. --- >~ Floor r ...:',,: -'-' .....-. " .'.:" " :;.;:..... I,:r~'-,,, I Tar-Gravel 1- .......-,..,....,- ,'" ,q '- ..---- ,;;:,: .. nitiilllU ~_J~i! .~.,,~ .-, . t.. :~".. . . o.tw~ m ". ;'/, ::0;:, 1~:,2-- ........;.;;-. ""'f" ~:;"i-'j~ .., , .., i/'.~ r::)ystem ~ii' ,,:,:, STAIRWAYS '-'; F;.'/''", . '.,., ":;;, I, ::'.;'~ :" ppen ,.,,<::' :Y;i:CI~~** . ";;j ,. .11&:. '-""" ,;, .'{,r", -~ . 1..-' ~ , ". ~ .~ -', :":, ' .. I' I Tile r:!, Stone " ..,,' I Unfinished BUILT-IN FEATURES AN!) SPECIAL EQUIPMENT -: Linen Closets I .~.J;= ,.,<~ I Chilla Cab't ~~:;:. Elevators I Breakfast Nook i I Cedar Closets :;. J [.r" ".'. , :)""., Ventilation SEC. T TOTAL GARAGE AND OTHER MINOR BUILDINGS 2. Sty.' reuai4 ~~ j ; ;' :r . ',' ~:" ...... '.", :....... ':t":~ !~"X X :'K Area R.. 4. Year I Bldg. BUILDING VALUATION ADJUSTMENTS BY YEARS ," a:'_ .. j..... -..... ~- G..... .a.. .....c.t - t' I i' ,"~i.A '. -:' SEC. Q SEC. R .::( SEC. S TYPE NET'( oa-.KIATION: C_mON: oTHIR,: Year Built Rate 194 ,ltepl"Oltuetioa Cost 'New BUILDING PLAT: PHOTO NO. ACTUAL: CALCULATED AREA :boo SUMMARY. OF VALUE I GRADE I RATE .....AD~ .. 'j 1lC,.eDUc'11o. .em .:Ift' ACI: <<, " "- PRESENT VALUE MAJOR BUILDING Reproduction I DEPRECIATION Cost New Cond. I % Age % Condo TOTAL BUILDING VALUE I LAND VALUE BUILDING AND LAND VALUE CoatI. % Condo I Oth er J I --.r.J- J fI' :-n- III 1lIJ!!l.'.. ... .A I. p~ Total n SCALE: liI=.;1l> , ; .i ~ ~. """-"". _B =-"" II 11 11 TOTAL IBASIC COST ADD DEDUCT . ~cT'"\YtJ ./2 .3 ~ 1!!L82. -:l?/~ ADJUSTED VALUE ...l 1,.. f .. Final zoning app--4 Exhibit "C" Legal Description . ":" . ..'.: ,""",;:,"~J', .'.., : ....t~~ . .~. . ~-"7,' , \~t~.i :If;:~~,,"',j~,~:;j'i . -- .. E~HIBI'T nA" FIELD NOTES to all that certain tr,act of land situated in the EUGENE PUCHALSKI SURVEY, Ab,stract No. 996, in the City of Denton, Denton County, Texas, and being a -part of Lot 1 of _ the MOUNT'S FIRST ADDITION, an additio,n in the City of Denton accorqing to the Plat thereof recorded in Volume 565, Page 484 of the Deed ~ecords of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING at a 1/2-11 iron rod found' for the ,Northwest co~er -of said Lot 1 at the Northeast corner 'of Lot 2 of said addition and being in the South right-af-way line of Gregg St~eeti THENCE North 89 degrees 37 minutes 48 seconds East with said right- of-way line a distanc~ of 70.00 feet to. 1/2" cap~ed irori r?d set for the N6rtheast corner of the herein deScribed tract and the Northwest corner of a called 0.401 acre tract of land described in the Deed to John F. Wright f e't ux recorded in .Volume 1773, Page 0663 of the Real Property Records of Denton County, Texas; THENCE South with the West line thereof a distance of 193 .,84 feet to a 1/2 n capped iron rod set for the Southeast c.orner of the herein described tract in the South line of said L9t1, at the Southwest corner of said Wright tract in the North right-af-way line of Oak Street; THENCE South 89 degrees 37 minutes 48 seconds West.with the North right-af-way line of said Oak Street and the South li-ne of said Lot 1 a distance of 70.00 feet to a 1/2 n iron rod found for the Southwest corner thereof at the Southeast corner of said Lot 2; THENCE North with the East line thereof and the West line of said Lot 1 a distance of 1'93. 84 feet to the PLACE OF BEGINNING and enclosing 0.31 acres of land, more or less. 177800 Boundary Line Agreement -5- .- Final zoning app-5 Exhibit "D" q..... of title of site ""ereatwprise I List the o~ title * .presatt to OIligiDal owner. AUadl copies of each instrument where poSSlble. '!- 1. Name of owner:.,.iilC,;I..llL .,.l, ,'T-:: -" -:'-~ " . j,- '.',', ;,':..-:.,"'JJ_;~r'-\I,:''"'',,~:, .~::-~d~l]lr_~': - ,::tf~ .___-.-~_ )< _ .:' . ,.ij, ' Type of instrument date (Warranty deedtc., .,~. :1 ',~".'IUi" . ., '':XiWI i t,,:r~~LI\IIIllJ.L.~,').JlIl',:, L,C:: [<n M!fnt~:Hr.... c v 0 lIP age # 'A, j , . , . ;,1;.. ,lit ';C:IV, '.'".If;' ,: 'C ". ,~ILI.", ,Ilt 4 rc iIUJu i,.J!li .- j[:;~)J.:J::.lIU', :: . '.ar"...... '0/,1:," ';0'1', J~ li.," Book-Deed recordslReal property records 2. Name of owner Type of instrument date (Warranty deed) V ollPage # Book-Deed recordsIReal property records 0<.1> 3. Name of owner ;,r ~ C~J t tP 1550 .iJ ~[,~ Type of instrument date _ (Warranty deed) ~~nu.. rli'J :JS / I t9 ~ V ollPage # \f 0 I {,D () 1 &l. , Book-Deed recordsIReal property records lJ u J 4. Name of owner py I E&- fly L/ /' ~ e.~ Type of instrument date. I (Warranty deed) J'liAlL ~ 'I / rC(s V ollPage # VdJ I s '7 ~ ...'7 ~ , , Book-Deed recordslReal property records D ~~ I (Additional records may be attached on separate page.) Final zoning app-5 Exhibit "D" Chain of title of site and/or enterprise List the ownership title from present to original owner. Attach copies of each instrument where possible. I. Name of owner by, C- tA. Y v' t.,.,(: ~ ,/ ,0 ~ c.tffM h , J ~ Type of instrument da~ ~ ~~.-J Ii (Warranty deed) ~ t. If I S-? 'I f) ~ ~ I Ih~ V ol!Page # . ,V tJ /:r. y {,... R..... <. 0 Y J.~ mOA~al3 I 'i:? ( 2. Name of owner Wi / I,d 'n1 Bo~k -:c '" t), ~(.,,_,L iJ '1(1 Type of instrument date ICy"-- -, 1 (Warranty deed) /~ t Y - .I j- ":I 0 Vol!Page# Vo I c.. ~ di? f Book-Deed recordsIReal property records D ~E....' 3. Name of owner ..2)a ,MitE: I 7) A k h~ I ( ~~ IL~it;~ /;y O/;S G tUc:./cl /1 y ov ~LI Type of instrument date (Warranty deed) ~ ().. ~ ~ ~ -.r y LJ; af~ I , Book-Deed recordsIReal property records T) E...E, j II m (J f>et4, k '-' DeEd V ol!Page # Book-Deed recordslReal property records 4. Name of owner E. '""" ~~N~ -Pu.s- hell' rSlt< / -.72. foE rv f~. r .;:~~ fjJIII,-.Ot\. ~H~ Type of instrument date (Warranty deed) Po.. f'€-N t- Vol!Page#B~o(J( r p ~7Y L. ~'JS Book-Deed recordslReal property recordsR..t ~ 11-- Cut t- -.trf I ?J {{ /Jbs 77" (Additional records may be attached on separate page.) -- ~'r U' p-r ~ 7)tJDJJ"1f~(yr) AFTER RECORDING MAIL TO: John tl. Morris 815 North Locust Street Denton, TX 76201 Prepared By: Robertson & Anschutz, P .C. 10333 Richmond Avenue, Suite .550 Houston, TX 77042 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL l?ERSON, YOU MAY.REMOVE OR STRIKE ANY OF THE FOLLOWING INFORldATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL WARRANTY DEED STATE OF TEXAS ~ S ~ SSe KNOW ALL MEN BY THESE PRESENTS: COUNTY OF Denton THAT Michael Thomas Lospalluto, as Independent Executor of the Will and Estate ,of Willialn K. Doggett, Deceased of CountYt1)?~ hereinafter called II Granlor II . for and in consideration of the sum of Ten and No/tOO DoUars ($10.00) and other good and valuable con~dderation to Grantor in hand paid by John H. Morris and Donna L.. Morrist husband and wife, hereinafter callE~d ltGrantee" , whose mailing address is 815 North Locust Street, DentOB, TX 16201, the receipt and sufficie:llCY of which is hereby acknowledged, and the further consideration of the execution and delivery by said Grantee of one certain Promissory Note in tbe principal sum of Doe Huodred Tweuty Three Thousand Five Ilundred and Doll00 Dollars ($123.500..00), of even date herewith, payable to the order of Bank One. NA, hereinafter called UMortgageelt, bearing interest at tbe rate therein provided; said Note containing attorney's fee clause and various acceleration of maturity clauses in case of default, and being secured by Vendorls Lien and Superior Title retained herein in favor of said Mortgagee, and also being secured by Deed of Trust ;:>f even date herewith from Grantee to James L. Robertson, Trustee_ Grantor has GRANTED, SOLD and C()NVEYEDt and by these presents does GRANT, SELL and CONVEY ~ unto said Grantee, the foUowing described property located in Denton County, Texas hereinafter called "Property", to-wit: SIm ExHIBrr tA' ATrACHl!D ImRJITO AND MADE A PART HEREOF POR ALL PURPOSES Together with Grantorrs right, tide and interest in all system memberships and/or ownership certificates in any non~municipal water and/or sewer systems serving said Property. Mortgagee baSt at the special instance and request of Grdntee. paid to Grantor a portion of the purchase price of the Property hereinabove described. as evidenced by the above described Note. and lhus said V endorr s Lien and Deed of Trust Lien against said Property securing tbe payment of said N ott~, are hereby assigned, transferred and delivered (0 Mortgagee, Grantor hereby conveying to said Mortgagee the said Superior Title to said Property, subrogating said Mortgagee to all the rights and remedies uf Grantor in the Prope.'ty by virtue of said liens. TO HAVE AND TO HOLD the above described Property, together with aU and singular the rights and appurtenances thereunto in anywise beJonging to said Grantee, Grantee's heirs and assigns, forever. AND (R&A) 1166412 . grlindwd.lx - Rev. 12/1212003 Pase 1 of 3 .- Glaotor does hereby bind Grantor. Grantor's successors and assigns, to WARRANT and FOREVER DEFEND all and singular the said Property unto said Grantee, Grantee's heirs and assigns, al~ainst every person whomsoever lawfully claiming or to claim the same or any part thereof. This conveyance is made subject to all and singular tbe restrictions, easements, exceptions, conditions and covenants, if any, applicable to and enforceable against the above-described Property as shown by the records of said County I as well as ad valorem taxes for current and subsequent years. But it is expressly agreed that the Vendor's Lien and Superior Title, to the extent of $~m,ooo.oo, is retained in favor of the Payee of said Note against the above..described Property, and improvement:;, until said Note and all interest thereon shall have been fully paid according to the tenns thereof, when this, Deed shall become absolute ~ When this Deed is executed by more than one person, or wben the Grantee is more than one person, tbe instrument shall read as though pertinent verbs. nouns and pronouns \vere changed correspondingly, and when executed by or to a corporation, the words "heirs, executors and administrators" or "heirs and ass:~gns shall be construed to mean "successors an~igns'" ..l ?UY~ . this ~U 4ay of ~ ~. ; tv lndependent Executor of the Will And Estate of William K Doggett,. Deceased. (R&A) ]166412. grlindwd.tx. Rev. 12/12/2003 Page 2 of 3 ... Sl'A TE ACKNOWLEDGEMENT Printed Name of Notary Public (R&A) 1166472 ~ grlindwd.tx - Rev. 12/12/2003 Page 3 of J -. FILE COPl , 'f-}~~~: .. II I. . ",.: _ . ~~ c:.: :~-~Jf~~ II :i;~.~: .." - r:fJl.-, ~ .Y~:. :~~~. ~~~~:' .I.J I.::i'.. r..' ....#' " ...Y~::- ~' ':~~~; _ ~JI...~.T I . ~....~ ~:, *'- - ~.+:: .:~~.,:~ .._~": ~,; ',~~I~ ~ _',-~{f: .:.. .- :..?- .:...; :-- ./. ~ :.. I ,-.: .:_ . I I. .j.. _... :;. . ( . ~ . i '~ ~ I I ~.. I~ II Ii :i I I I . s. r- . ....d ~'rl<; ~. ,J~-..~.;...-.. _~..., .. : TO HA\"E AND TO HOLD the .bove described premita, tosether with all and JIDrular, the rights &Del r.wurteMftCU thf'f'tltn In I!nytM~ belotlRfDK unto tht- R.ld WILLIAM K. DOGGEn, Q sIngle man, his heirs and assIgns fOrt'Vefj and we do hereby bind ounel ves, our btin. ~xec.Jtnrs and admini!lratOl"5, to Warrant aDd Forn~r DefeDd all ~_ JiDguJar the Iald prmalleS unto the ~ !aid WILLIAM K. DOGGETT, a slngl. ~, hIs heirs and assigns, against .every penon wbotn!oever lawfully claJmins, or to claim the -me, or uy put thereof. WitnC"'""-..$ au r hand s this 24th day of IdX A prt 1 ,A.D. 1968. it \Vitnesscs at Request of Granlur: .. /.'. - ~~.- . L'.11 '.#~J.'.' -.... ,. I .".11.,,:/1 ~.'.{f- .. Vrrg ; rj(a. diSPal T ;rto... .'1.. ..~ ~t. ~-....;..... .....u...~.............. - .... -. .... .......,.,..............,.,.................. ...... ................ _lit........... ""............. if>.,. ~.....~-..._.................- . ..........:. .......... .... ....,., ............ ......... .._ ~......... ............... ...................... lit...............,...,...... ...tt_ ......... __...:_ll...:':.,.-:..'..:~..~_.~.L~.~~...!.:..~..~..~: .:..':. ~ Joseph Lospolluto ~ .... .... ...... ....(:~l.. ....."'........... ill......... It.... ............. ...... III....... &...- -, i =~T~~,~~ BEFORE ME. th. un&nI,Md authority. t:. .nlt for saki County, Tt'xas. on tblt day PfDOftan, ~_..._.._.._!o.!!2b-Lospalluto .-..-..........-........ _........~.. .... ........_....._._..__._ __.__._.____nd.-.~cgiOitlg~pgjJJ.llD..-.--...-...--.....--.--.-.....- hk wife. both kno1nl to me to be the pcnons whow raaJDtS are subscribed to the fOft'lOIrc 1DIt1'1llDdt, and ac:kDow~ t~ me that lhr')- C2cb ~.<<ut,-d lh: lame lor the purpoltS and consideration tbCft"in e%pt'C.-.d. aod tbe. ..kt..-_~kgiQia._lo5pa.llLilo-.---...-. ___.....___.. _._...., wife of the Uk1..__...J"~P.'L~Citlutn t,lt"f1JW:' ""'" tumlnf'J by me privily and apart from ber bushlnd. and havlns the same lun,. dp~ to Im'. lite. the sUd__.._....._........_............. -...... __.___.._-~~yirginia lo~~to__._...._._.__n__..dc~ such J1!I1runwnt to ~ bC'l" .ct and drtd. and she ck<b;"d. tb~i .tbe w.I wilUnaJy Jipcd tbe JaIM for the purpom and consldnatlon tbnriD apretKd. aDd that ,J,c did not with to rt'tn.ct iL ...:'~. 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',' i ,!ff aru 8.1.1' ,,~d.4 ,.:""". .' ; tlckDo'!'l !.'dB''''' to me 'thfl\ he .~f;tOU we l.A-I oijtu.....\O ....,.. I l~ expressed. and lethe aapaclt7 therein etate4. GIn!J U:mKR liY CL\:ID -AIID S&AL O? OllIe:;, this 25th dal' of 3eptocbcr .Il,.. D- l~lG. (S8al) 080 II. UOl'kln8 :Iot8%7 J01>>11c. Denton County. '''''2:81', l..'~ ,i :' I L ~ 10 R R ECu:'1 j) Sc" pt o'clock P.J::. ,VC / /Yg~ I /? ;/ .:)d':s 28,191b at 11.50 o'olook A.U. R~Coaj3D Z4p\ 28,191~ at 1.~O 301 Ua7& Oler!t 00 0011". Denton Oounty, '.:OX8S. By ..t. B. 1Te7 .De plt7 . ; :10 8~07 r...11 to landell. ; :l(.: 'JTt\T~ O? T&L\,. . , f ~ ."':J:":Y \11 DK:,roR. I XJ'Ol ALL Z2U B-C ?:&:Sg PRi~')..::r.rS: ! 'r:t\f 7l, J. D. Bell and B.L. BOll, husbAnd am .IUe ot tho oounty 'Jt !Jenton 1 It,,to of ':'8X88, for And 1:1 oonelder-ltlon ot the aUlD ot i1fOnty two hunl\r(td (:-~2200.00) ! Joll.u.o t.o ttopul.1. 8,,4 eoourad to be pAid, b)' Linn :i)oV18 :!. ~~ndol1 Ottt .,! h,"'tr n7J'1 ; aeparate flUlds and a.tat. ae fOlIo": "950.~oa8h 1n hnnd paid. tho reoolpt of -:rhlch 1s ~reby Bclc'lQ':71edged. Md /# - t bn 8'lld Linn )flY111. J.:andell Bellumea and ogroee t 1) ~:' ono cort~ln no t~ in tho prlraOip!11 cum u t ;~1~6v. jO exeoutod by ,J. D. Bell d "ted Sopt. 1st. 1915, p~:!~blc to J.!3. i ~'1)11P or ordtr Sopt let 1917, with alllnterost sO,Jr\lod 'lnd to Qec!"".1C on D~i~ iiot-e I i ~~Q and nftor ~opt.18t 1916 at the rnte of 1~ ror annum. ~ct~od b~ Doed of ~~tAt . ! ita Jot) 5. Gambill Tnt8teo recorded 1r; Boole: 61 Fn~e 59 a: 62 of the records of ~ed8 i r : ,)~ ';ru't. ,,[ ~"'.~'n l':0t1Jlt,.tOX,\8. hGYO Oranto4. 801d and convoyed. ond by thrsflt ; rrosonta do Grant, 8011 an" oon\"81, unt 0 tho 881d Llm Davle Z!. J.if\ndnl1 "9 h-r own .1 '''I,'lr'lte p r.l!ltlrt:,r and eetllte of the oounty of Denton :Unto of ZO:l:'lB. nll th"t oe'rtllln 1 lot, tor-lot or J:tlrool of real estate al tUPlte,ly1ng NJd batn$!' on the oorth side or I .t -loat .}'lJe: 8troot in the elt:: 8nd Connty of Benton, State or 1exRs,8nd boln~ '1 r~lrt of ~ wt "fOe on.. (1) 0 t 1!ollDte 0.441 t10n to la14 01tj of Denton deBart hett hy rr;nt"e "!1d ~~. i LO'Jnths a.o tollows \0111 t: . I Be"lnnl1lf Ilt tbe 80utb .lJat oornor of Lot no. tiYO of said l!ounta ~ddltl...nl; ! thenco OI.Ult. 70 toet thenoo nort.h 194 4/9 loet to stroot: thonoO west 7() foot to ~r.:: I IO<Jrllotr lot 2. thono. Boath 194 4/9 ~oet to the pllleo of bOldhnlr.F. ~lll> "A"t t? 911 r~tBte Jonnt7 & Oit7 taxa. tor 788r 1916. ~o ~~VB ~~ TO H~Ln the aboTe !oaorlbe4 prem18~8, togethor with all nnd Singular rlgl1te and appnrtonano~,__~~~.~~~,,~n ~~88 bolong1:11f unto the 881d Linn Dovle ;t. . . ... . ::. f . ' f".\ ..-..... 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' ' l(#de6rU4~p~j~' .-'/.~'/ '7J)~'/ ~:"~;;.~ - , ~ '/&, ~hI J, , ! I. . ~ ~. : . I .' . . :._'. ~, '.. . f " , ~L~~,.,~':;'F IlE CO p.y . - 'l'~:~" ~;~.-. -< :;:'. )./~ /.!\ ;,: A ,I Final zoning app--6 Exhibit "E" Additions to original construction (Where applicable) List chronologically and with as much detail as possible, date the structure was built, name of builder, cost of improvements, and detailed descriptions of improvements. Include any significant remodeling with attention to exterior changes. Attach copies of all building permits, mechanic's liens and deeds of trust. Date /9~/ Q)a.. n fa tDy n mo.,rJ , Contractor Description/nature of work h a ~ I' YI',y';- nr ho fA. :5 E- .....~h 0 vJ 0 II? ci/, ).~ Cost . (;Xf Ca..ol u.J;~r tdbi:L (I.A"rL JOa_Y /; y . ~E jYO'A1 , ~ Type oflega! instrument--Vol/Page .j- ~a.. II vb (j I ( Date / 7cJ 7 oSOA '" boY- ('I' m '^-f Contractor Description/nature of work ~~ ~ W 0... J J ~ J HJ ,J n f' b 0... r-R.. 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I' ,- ...ii i.~~r.~___..r-- ":,,,,-. iii. . ~ ' .. . .l. -"-" .",-""" '"-; '--..' ~"" · '';.l'~ - . - . J! ''!/ (. ,L i.i---=::: '~" r. ~~~, ~~i~.,I::~,~~,.'i:. ;'L_ ,,_ '~"H;:~~,:;;~ '~~~)(' ~~~-<r:L_ - -''0- II ',~~--'!;;'F-- c.'l-::; ~', - - - -- [ '=-J'''"~'*~~1:, ti!}: ~:~-,m.. i :1 f~3~,- --,~: ~ ~ ~';~ ~ (,.> ' ~~:1 ~~ \~,.~1f0jrl.,.t . F - , ~~~~~, 'l~ · ;...;::J " -~ ~';:-.o' If l I ..~~. -' 0,; '-' ;~' 1,[ :il.o:' 11"'~1!'" j~d ;~, ! ~'l' --,~ ~:~!I~:' ;i~~ ~'i:' l I' - ; ;.G.i. "~ t"'-t- ' -- ":1.. · \;i ~ .".. ':~ i~J ~~:I ': · ~. ~'I~~ V I .~ ,. . '---.:......~_ ~..: .. ... ..' I r -- .,~_ ,.' " ~; I!I ' Ii'; ~."m,;;; -~J ;~ if. ' .h Jll '-. "1~~}~\ 'r )11 I ' .11 hi. : · - lit.,}':;!;, ~~: '1, · !: r _ ~ _-~<~l~ --' ~ _:;, ~.III ~I I . ~~ ~--=- =r-W",;,;",~.~~. - '. ,,' ( · ' .:. I ~\' '~;~d'~\ ~' . . { r~;:;~ Jfa. ;~.!i, ;11. -. I I ~ I)' ~ ~_ ....:;;-:..:.~~ ~~;~ I( r II ~ .. ~ i~mlii1" -t I , .~ 17.~~~ ,,' .' Lr ~. ;.p . q --- ~~ . ~ I p{;; *I -I.' .'.~~. ~ : ':-:'1 \i 'j I . .IV i d".'~.'; 'i ~,:--';. ~~:.~- .' ::::~ -- ..".... '-. ....,..:'. ...'.;' ". '. .:: ,. -., \, i II l) ~ ~ " "'.:, ,,~: ,Ill ~ :."IU'j4((-'/iiI'" ~ .l ~t. A l~ ~IIW' ~ ,"'. JbA-..#' .It\. -j} .,.. 4{.; '. 4-f1v- .r: I. .11 GREGG I 1!..::) . fo "\" .. - - . I. .... ~ .~. .. ~ ~~:'~::__.: "~ ':~_ . __-- ~~ _,,:-=::~'" -."_ _ _ _. .:_ .1".:.:....: . _~~-. . . "~,l"lf"I' iNl6T ...sea...,...... c~ ;}~ tt j -- Final zoning ap~ 7 Exhibit "F" Surveys Attach subdivision map or Old Town Plat; attach copies of old surveys, an old on-the- ground survey, or a current on-the-ground survey locating all improvements, easements, access to public roads, public improvements, encroachments and protrusions. ... 4',:',*. ,- \ . W' ~;~ \ s -' . if. A'''''' ~ g~ C) C-j 1.1-1 .-I -- 1.1- Final zoning app-9 Exhibit "8" Criteria to be used in Historical Landmark Designation The petitioner will be responsible for furnishing data to the Historic Landmark Commission for substantiating that the property meets one or more of the following 13 criterions for Historic Landmark designation: ~ 1. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Denton, State of Texas or the United States. 2. Recognition as a recorded Texas historic landmark, a national landmark, or entered into the National Register of Historic Places. l3. Embodiment of distinguishing characteristics of an architectural type or specimen. 4. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. _5. Embodiment of elements of architectural design, detail, materials or craftsmanship, which represent a significant architectural innovation. _ 6. Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif. _7. Portrayal of the environment of a group of people in an area of history characterized by a distinctive architectural style. _8. Archaeological value in that it has produced or can be expected to produce data affecting theories of historic or prehistoric interest. ~ 9. Exemplification of the cultural, economic, social, ethnic or historical heritage of the City, State or United States. .10. Location as the site of a significant historic event. 11..I.deati~,,,.,..,,,,.> .a.,..p:aoI1.>:_,...... .......or.. -",...s............_.'. :.,".'.' ....................,....:.....:..,.:..~...... . ........' ,...........,. - _colltributedtodJe aad~. o~1heCity, State,.<< u.iteI:':~1ateL 12. A building or structure that because of its location has become of value to a neighborhood, community area or the city. ~ 13. Value as an aspect of community sentiment or public pride. ... .. . .. -. ... -. -.. . _ . _ _ .. _ . .. -. r _... .' ':. .... .... -'.. . -. -' . ~ -~. -. -' -'. ',' - :' or." ~ - - ~ ~~...:: _:- -: .;.... . :.. ' .""-:: - :--- .' :1', ~ . . -.' - ~. ,--' .. . . eiii iiiilllll!!l11 I!$lliilleli 11e!!"!!II. .....=lI!'iI!II:=!I!IHII! 1!If! II iSiiiEii' (. I rI 'I t ,( i $! ...-.......- tON""'....- tt~~~~=:~=e~~~~~~=~~~~~~~ to t-& .... .... ......... .... ... ..;. ... .... ..,.a ... .... ... ... .... .... ~ .... - ... .... · o ItS) GO -a OJ en en at Oi 01 QltOf Ot .. .. ... . ~ ClII to:) to to: N I .~= ~:o ;:~g~~~Ng~ ~~:;:g.~~ =~=;: '~4') ~:a:;1. > t"".~ a ~ c.., ti)t"' ~ ~ > :~{rs: ~s: ~>S' t: ~ c' ~~=~r~4~gr>~~'9::=~~!$:~~:E .'~.6 :~it "::tsJ '>,,~. . ..,e...~ -~. a: =:i'" :,. otG I :.. .i"iI ~:r..~..(.f!:iif. f6-.-J. ~ 1 2~8."~j>. ~Jr:.J .: .:1"'11 ..~. .:S"I . ftQ~ ;:1 --<,..........0::1:... ~ I ,. "o'ta: 'C')ni; , ... I tI R- : .. f 0 0 ,- c; c ~ _. "I . e: ~ ft:'l:t ~ . . ~.. .~;. K c ~ ~. ~ =' a 3 0'1 ( , '.:' ."", ' ,,: S" ., . : ... ,.: " '., ,'. ....' ....:.. . . ,... '. ,"a. .'. '. . . c,' . '." . . .' '.. .. . . . .' .'. . . . f' i (nl!f".I:r:r . r-"lli'rl<.IT .' U"'~Kll'l~r. ," ...1" III "'. '.l)1["~J"JJ.,iIlii\i tbn)flll!(j)ijl1Jjrlilll~l.1 Il.fi1wnfitl[..1IIiWltilli._i.~;" " ~ ~ I ~ t'l ~ . !. . 'ir.]:t~ If ~ ~~~~~ ~~~~ ~~~..,-~~~ ~ ~~o~~ ~~~~ ~~N~f.=~=N ~~=~~=n~~~:~n:~= . _ _ . = -... n' . or) III ""'''c.. ':Ul'J > ~=~ -. ::C.'" lit tit ~c ~ '0 m! ~! ~~ ~,. W::Z::;-~~:I ~ C1J = I~-OC; =;!.:rs:t'<",= =c.,;. - iD~ -.~. -.e ::~;:" ~ ~ .. - :: i !; ;:l i I.. i~::=-;-:1 ~:f .~......... & 0::; ~, S I- C~: :-:- .. .ij ~~ = ~ ~~ ft " ^ !; 01 t4 Of -00 -....N. ~~~~. =~~=====~~;~~ C~~~ ~N~O~_~NO~.NO ~.~ ;~... ~. ~a ..., 11M ::: ~ t-o'I-f: ~ c ~g ~..OJ:1 ~ c: .;J'" II ::s :r~ ~g ni ;+&.~ 114 3 0 ....10 c 0 ~ r ::ft'tlStd~'~::S: [II _.;::t-..UJ 60" N ,$ :r0 :I ... ft no 0 *"I ... g :r P :::.....f ~~~"'II~.n';e ~ 1! :a-g!;- ,.~:: ~ ~, !o;:ro ~ r: ,... ;;: a ~ !Z . - - . Ct co ~ t:t ... .e. ~ ..;; .~ ~t~. g:;f .~~~~E~~=~~~~~~:i It It ." II f1J It ~: (II~; O,! ~ a; 0 'd6Qti~:.:~;'~==.C)= '.r<~ ~ : :?.. :c ;lJl 0 g Ao..,CDO c: __~_3 "~~~m ~3 : ~a ;!.-g.a;'- :::!S-" ~ S~ :=;::./::11 :1-::- ~: ::~;=; ;';.:e. .... fa " ....<< ".,;e ;I .. ft - .;: ;:r.,..=-;: 3. ~ :: Ii i~~). .~, :.. Ii;' ...) "'\. I r.-:' -<. ~ <f; ! .- ~ ~ 0:. . . 1181. -. n 1.0 , . ~. '1" .r.....:... II" . ! I:' f Final zoning ilpp-8 K"hihit ~(;n E.xterior Photographs Attach four (4) photogruphs of the historical marker ~i[t. one from each direct!Qu (North~ 'South. East~ and \Vest). II -- '":1 .-,:'11 ~; :~-??~j 9"' ,.?;.... 'J I " I ..1 Final zoning app-8 Exhibit "G" Exterior Photographs Attach lout tA) phowgraphs of lJw hi:~hJrieal rnarker 5:ite~ one from c:dch dir~~ti()n (}..Jorih, South. f:J.SL and \Vcst'i. ';'t:"~> ..~.:; ~'l .' . >:""/., '~. ~ ..... .,... .. 'j. ) q..~ , j <,' .... -. ~... -r_ II I ..1 .::;'J', i ..:..-'-~r:'~. ~ir."::-~ ," ,'.~~5.C RIftOII-~I--, '.. I ," ... .: . : ~.' t},t,_:~;~~.:>'l 32 G Faber 33 G W Rains 34 W J Armstrong 35 E Wright 37 W 0 Davidson 38 A G Bra\eher 39 D Mays 40 Mrs Ula Lynch 4J. Mrs Adele KilgOre 52 E L Phelps 90 S T Taylor 92 E McBride 98 R H Manley SOUTH MYRTLE STREET 65 Ed Garrison 69 H F Stapleton 61 M S Webster 61 S E Reid 62 W R Stanley 11 J G Hester 81 L Drennon (col) 82 H G Littrell i07 J A Elders 109 G P Hardwick 110 W H Robertson 111 W A Keeler ii2 R H Sherrill 111 J E Mundy 133 J W Hogan i62 S A Bayless 165 W E rvfcCabe 115 C Griffith :115 R H Hoffman 2'18 J W Bovell C F Horton o L Willis WEST MULBERRY 30 Willie Warren :12 J 1 Anderson 33 A G Plaff 34 J H Douglas 35 R Val Leaeh 36 T A Robinson 31 .J W Cook 38 l\frs J 0 Berry 39 F E Piner 40 .J H Blanks 42 J H Cleveland 43 G T Turner 44 Mrs C H Marohman 46 G Lipscomb 58 J M Vivwn 59 E B Johnson 60 Mrs A S Cowan 61 Mrs A M Powell 63 Mrs J A Jones 66 W M Wallace 65 S J Owens 66 Mrs R E Cobb 61 Mack Brownlow 68 W C Brown 92 Ernest Bell 144 Miss A Blanton 150 0 A Murphy 151 W B Brown 189 Mrs L Eyth 100 Mrs - Rippy 192 Claude Bell 194 H B Feazel 196 W A Pedigo 191 Mrs Maud Sloan 199 H D Robinson 200 T B Smith 201 W H Jackson 205 Geo Brune 2m J E Hudspeth WEST OAK STREET 52 W G Kimbrough . 53 G H Kimbrough 54 G M Simmons 57 G C Bell 62 T V McKinney 63 Ben Sullivan G4 Mrs J T Bottorff 67 W W McKenney 68 F Craft '72 J B Schmitz 13 M1"8 A Forester 14 L H Schweer " Wm Williams 80 Mrs S I Ross 84 C A Williams 86 HEMay 81 J B Farris 88 W J Hamilton 0'7 Mrs M J Graham 96 0 A Gra.'ham C B Orart 101 C PetUt 103 J R Christal 104 R P Lomax 108 J FRaley 109 Mrs S P Allison .~s;;.'. 151 --..., j \ ~ . i t f. i t ; I- t . . ,t ;.. .1, jIb ...,;....... f.: .- ~ f~'~ f ;'.,:~;::'~':~<":.;: .:','::,~:~"~'~~,,:.;"~';:~.~:~'ij . ~QI'1'Y .DIUC'l'OIly.... 1 i12 113 :114 118 .:U.9 122 128 129 130 131 135 140 146 141 149 150 153 i54 155 156 158 159 162 167 168 111 112 115 116 111 178 119 180 182 183 185 186 i90 :1.91 192 194 191 i98 199 200 201 20"2 205 207 209 211 225 221 ~frs D L Long Mrs E B LIpscomb B H Deavenport D K Allison J C Coit l\'lrs M Walsh A C Rayzor P R Bird J N Ra)'zor J D Bell l\-lrs E W Long 1\ E Chrislip R H Evers C J Wilkirson W C Edwards T Denton G J Gillespie MrS Leona Blewett J H Phillps Dr M C McBride L T Millican S A Gibson S A Godfrey J T Bond Mrs M A Hibler W F Woodward Mrs P McCracken Mrs J A Thomas J A Starnes B E Caskey W L Re-YDolds Mrs R L Bass L M Tucker J A Elder F M Bottorff J B Tabor N H Agnew ~frs J L Baker J H H~pper Ml"s W R Richardson T C Sample Dr J L Hooper H Smoot Dr H Rowe J P Magee Dr E W Fritz S W Kanady W N Masters Mrs C E Alexander T W Leverett W H Cowan Mrs L A Dickson Mrs W G Wright ;~.}~ PQI .. .. 234 o J Camp J M ROdgers F M Craddock R J January 44. 45 OAKLAND AVENUE J W Reynolds (eol) Harriett Hampton (eol) N L Erwin (col) I S Rnsa (eol) Arthur Logan (col) Will Logan (eol) T.om Kemp (001) Callie French (001) Hulda Young (eol) Will Hill (eol) .lack Cook (col) J R Cochran (001) l\firah Gordon (col) E Givens (coi) John Maekey (eol) Lucy Turner (col) Henry Maddox (eol) Henry Webster (col) Annie May (eol) Tobe Cook (601) A Hill (col) Alice Phillips (eol) John Craft. (col) L L Allen (eol) Riley Jackson (eol) Geo Forester (eol) Charlie Tucker (eol) ~Irs Ella Carter \Vill Porter (col) L J Johnson (coI) W B Butcher Minnie Jones (eol) ~{rs Tipora Long ~Irs C Z Bridge l\lrs Matlie J Smith H L DaJee I\rlrs Ruth Horton Mrs Minnie LankheJmer J A Simmons ~t: E Poe S K Withro\v J H Hollers E Mundy B M Hammett G W Ferguson M L Williams Fred Bannert 46 49 52 53 55 56 5'7 58 50 60 61 62 63 M 65 66 68 13 75 71 79 80 81 82 86 90 91 93 94 95 97 99 101 103 104 f06 108 110 112 1:14 116 118 i20 122 128 - .1 , ~f!lR1Ir,~~ .... DE: 130 13.i i~ 14.'i 146 J18 l\.lrs B A Burks L\'liss Lina Perlitz C W Fergusun W A \Vilsun H A No\vlin Dl- W V HaU PAISLEY SrUI-::fc; 1it Christ Lchrulann \V A Paisley PEARL SrnEhi. j1 58 (i! 62 W (iG (is Airs ~ ll. Kintlr(~tJ W B Surls ~'Il's Annie Page W B Elkins ~Irs M L Paig'e l) L IIalui1t( ,n ~-lrti Ella i-~g,.ul .J \1.l Sinunons t ~lt.s ~1 l) Peury I\.lr~ W L l...anhaol A-lrs Cura ~lcl"'clvy it Ledbetter 70 71 7:i .-ONDEll .t\ \!ENUJ :n 4J 41 :\2 ~lrs H. S Van(~h~,'(! Guy I.. rra)'ltJl- J rl' Reese Will E"van E }i~ Willis .\lr8 A }4~ Gale 1\ll.S BarL Roherlsul1 }h's l' L llirchfit~Jtl L 1-1 I~th\'ar(ls W A ~Jones to; it; l\Ulh~l., '1.\ llr, .\i ~8 ,\!J :)2 (,0 EA."'" PRAIIUE ~nrlt 14 15 21 24 26 :t2 :CG :-.0 R G Grubaugh l' H Bennett C L God"v in J S II un}(~ SaUl Aye l.Y J 0 Skaghrg T E IIuJse IJ N II utJson \VES.. PRAIRIE Sl'Rl .iO n ,v Peacock Rhbt lUchar<.lson R E Peacock .i8 =>>1 .... ___~ rn JlU_ ~ ~ --.... v ...... ~~~ ~~~ ff'1 ~ I '=~~ ; 71\. ~ g. ,,~ c:3 en ~ " ~ ~ ~ I I 0) .., e. .-t ~~ ~~ T~ ~ ~ ~ \.J ~ Ct.1 ::!: <~5 ~ ~~~~ o~ CI)..c:: .... () tQ f t:: ..d t2 E ~ ~.E ~ C\1l.OfIJ 0 ~ ~r:a ~~)1~Ji1~ ~'"' \O~ ......~ ~"""""c=rat:.>~ ~co..-..,-... ~ ..... 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(qlf$'~~~ ~.A)~' j;j~" ". ~r ar!-!J~tJ6~____~_~~ --~ ~ William K. 'Bill' Doggett' WilliamK.. Cc~BiI~" -Doggett, -75, of Denton died,-Mollday,April 7, 2003, at his residence. I-:fewas born March 16, -- .. --.-,,'. .- 1928, in Denton to Thomas ~nd Annie Kerley : Doggett. He graduated from Denton High School and the' University of North Texas. He was a member of the Arst United Methodist Church. He selVed in the U.S. Navy for 27 years. He retired from ACME Brick Co. A memorial service will be held Tuesday, --, .": "- ;.. ,- April 22, 2003, at 11 a.m. in the Cole Chapel of Doggett the First \)nited Methodist Church with the Rev. Bill Crouch offi- . ciating. There will, be a visitation at the church following the . service. - He. is survived by a nephew, Mike lospalluto of Midlothian. and a. niece, . Lrauranne lospalluto of San Francisco. - DeBerry; Funeral Di~Ors is in charge Qf arrangements. PAID OBITUARY ' IN LOVING MEMORY William K. Doggett DATE OF BIRTH DATE OF DEATH Mllrch 16, /928 AjJril 7, 2003 MEMORIAL SERVICE J 1:00 A.M, Tuesd"y April 22, 2003 Cole Chapel First United Methodist Churcll Denton, Texas OFFICIANT Rev. William Crouch DeBerT)' FlIlleral Directors 2025 JJ~ Vnil'ersilY Dr. Dellloll, Texas 7620 J 940/383-4200 .- "--." -. .---< ~ ....~:~ - Final zoning app-lO Exhibit "I" IfWe the undersigned, owner(s) of, or party(s) with financial interest in, all property herein described, do hereby file this, my/our petition, asking that the said property be designated as a historic landmark under the provisions of Ordinance #80-30 of the Code of Ordinances of the City of Denton, Texas. IfW e authorize the City of Denton to place a sign or signs on the above property for public notification of the proposed notification of the proposed historic designation Name Tn ~ J r j)dN~Q YnoY y~ S q J t lUe.s f 01} I( City/State/Zip 7) cE.. n 1~ ~ ~ 9L({) ~9/ Address Phone EMaiI .J6 k ,J ~ rno y- r: ~-5 ~ Submitted this /9. day of 20 JL(p Comments from legal department ".~u.~.. ,U_.. ~" ',',m"c ~,., ,,". ~.. ,"'~~ 'w_.~,--" , , -.,.~,,":,!,.y..,~,~ ~'.~.~_'.". .,n - m:1IMIu 1m: II Comments from planning directo~ 11.- ... Final zoning app--ll Optional Information Interior Photographs At your option, you may attach photos of interior architectural details that add to the character of the property. I J~!' ,. --= -tj:. ~~ S:\HLC\FINAL SITE APPLICA nON.doc Final ZOnirlg app-ll Optional Information Interior Photographs At your option. you may attach photos of interior architectural details that add to the character of the property. Final zoning app-ll Optional Information Interior Photographs At your option, you may attach photos of interior architectural details that add to the character of the property. --+ .'18 t:- ?:7;.~ r~~,t i,~ ,. ..~~ 'I ~.~;.t ~Ji ~.>~ Exhibit 3 Excerpt of Minutes Historic Landmark Commission Monday, August 8, 2005 A regular meeting of the Historic Landmark Commission of the City of Denton was held in Denton Main Street Office Conference Room, located at 101 S. Locust, Suite 500, on Monday, August 8, 2005, at 5:30 p.m. Members Present: Steve Ambuehl, Randall Boyd, Peggy Capps, Diana Hatch, Donna Morris, Darlene Mullenweg, Ty Wood and David Wright Staff Members: Julie Glover, Historic Preservation Officer/Main Street Manager; Alison Ortowski, City of Denton Others Present: John Morris IV. Review preliminary application for historic landmark zoning for 918 W. Oak and make a recommendation to applicant Donna Morris passed around before and after photographs of the home. John Morris commented that when he and Donna purchased the home, the original light fixtures were still in place. Capps then gave a brief history of the home stating that the original part of the home was built in 1898. The former owner was born in the home in 1928 and recently passed away in the home. The Morris' purchased the home after the former owner's death and have subsequently restored the original fa9ade and roofline to the structure, based on the 1943 tax record photograph. Capps made a motion to approve the preliminary application with one slight change to the architectural style listed - the home is a Victorian cottage with additions rather than a Texas bungalow. The motion was seconded by Mullenweg and carried unanimously with Morris abstaining. Exhibit 4 Excerpt of Minutes Historic Landmark Commission Monday, June 12,2006 A regular meeting of the Historic Landmark Commission of the City of Denton was held in Denton Main Street Office Conference Room, located at 101 S. Locust, Suite 500, on Monday, June 12,2006, at 5 :30 p.m. Members Present: Steve Ambuehl, Randall Boyd, Peggy Capps, Ann Hatch, Diana Hatch, Donna Morris, and David Wright Staff Members: Julie Glover, Historic Preservation Officer/Downtown Development Manager Others Present: Mike Cochran, John Morris III. Hold a public hearing, consider approval, and make a recommendation to the City of Denton Planning and Zoning Commission regarding a final application for Historic Landmark Zoning for the structure located at 918 W. Oak. As a member of the Historic Landmark Commission and also owner of the property located at 918 W. Oak Donna Morris recused herself from this agenda item. Staff recommendation: Glover passed out the full application to the Commission and gave a short background on the property. Staff recommended approval. Applicant: John and Donna Morris were both present at the meeting. Donna Morris spoke briefly about the research process and the number of records she had to search through to complete this application. John Morris commented on the varied ownerships of the property. In Favor: Mike Cochran spoke in favor of Historic Landmark Zoning for the structure and observed that the property is one of the gems of the Oak-Hickory Historic District thanks to the hard work the owners have put into restoration. Opposed: None present. Boyd then closed the public hearing and opened the item up for discussion. Boyd commented that the previous owner of the home was opposed to the creation of the Oak-Hickory Historic District, so it is good to see that the current owners not sharing that same feeling. Capps made a motion to approve the final application for Historic Landmark Zoning for the structure located at 918 W. Oak. The motion was seconded by D. Hatch and carried unanimously with one abstention by Morris. Exhibit 5 Con den seIt 1M Page 5 Page 7 1 COMMISSIONER STRANGE: we will now move 1 trouble to do it would a significant nwnber of the houses 2 into our public hearings. We would ask that if anyone 2 in that area be eligible for it? It is a historical 3 wants to speak on any of the items let's do it on our 3 district? 4 public hearing section that you would fill out one of the 4 MS. GLOVER: It is a historical district. 5 yellow cards located outside the door and then hand them 5 I would say ahnost all the houses in that district would 6 in down front. That helps facilitate our recognition of 6 be eligible for this. But, for instance, this house is 7 those poop Ie who wish to speak. 7 appraised right now at about $90,000.00 at the current 8 Our first item tonight is a historic 8 rate. And this is their city tax. This is going to come 9 landmark designation of the property located at 918 W. Oak 9 out to $551.00 dollars a year at the current tax rate. 10 under section 35.125, Article 5 of Chapter 35 of the Code 10 So, it t S not a lot of money ~ It's just a 11 of Ordinances. Ms. Glover. 11 little incentive to get people to do this. And then once 12 MS. GLOVER~ I already have a change. I 12 they get the designation, any exterior changes will have 13 pulled this up. We haven r t done one of these in a while 13 to go before the Historic Landmark Commission. That kind 14 and I pulled this up from an old agenda item. The new 14 of ensures the integrity of the historic fabric of the 15 code number is 35.7.6~ So, if we could note that change 15 home and it tracks the history of what happened when to 16 and then under -- the 13 criteria is also listed on 16 the house for future generations. 17 several pages down. The standards, you know, has to meet 17 COMMISSIONER ROY: so, there is something 18 one of those 13 things~ That should be 35.7.6.4. So, I 18 the city gains in -- 19 told him I r d get that changed before we took it to 19 MS. GLOVER: sure, sure. I mean, and since 20 Council. This is 918 W. Oak. It is already in the 20 that district has gone into effect, property values there 21 OakIHickory historic district. But, this is for an 21 have risen according to Peggy Capp s by several hundred 22 individual historic designation, a local designation on a 22 percent. Yau know J there are houses that were, that have 23 building. 23 gone up in value just tremendously since 1986, when that 24 What this is going to do for them is .- 24 ordinance was passed. 25 well, the main thing it's going to do for them besides 25 COMMISSIONER ROY: NOW, we have in the past Page 6 Page 8 1 ci vie pride and a warm fuzzy feeling is it's going to let 1 handled and put in historic districts. Bell A venue is the 2 them get 500/0 off of their city taxes for a period of 15 2 one that comes to mind. And in doing that we imposed 3 years. That's the big carrot on that. This is the aerial 3 certain restrictions on the neighborhood. This is a one 4 view of the property. This is the street view of the 4 off item, so the neighbors on either side of this house. S house. Theyfve just done a lot of work on this building. 5 They are not going to be impacted in any way; is that 6 We sent out, I sent out 21 notices wi thin 200 feet, 73 6 correct? 7 notices within 500 feet. I had one of my certified 7 MS. GLOVER: Not in any way that they're 8 letters refused. That person was within 200 feet. Two 8 not already impacted. And this has been brought forth by 9 were returned out of all of those and both were in favor 9 the owners. It's not something that we f ve gone and said, 10 of this petition. The applicants are present and I would 10 l11ey, you should do this.t' They came to us and said, "We 11 be happy to entertain any questions you might have. 11 want a designation on our house.,t 12 COMMISSIONER STRANGE: Anyone have any 12 COMMISSIONER ROY~ Thank-you. 13 questions of Ms. Glover? Okay. Mr. Roy. 13 MS. GLOVER: uh-huh. 14 MR. ROY: so, the tax abatement, that t s the 14 COMMISSIONER STRANGE: Any other questions? 15 first time we've heard that. It's not in the backup 15 Dr. Thibodeaux. 16 packets that I could find. I was wondering why this was 16 COMMISSIONER THIBODEAUX: This is related 17 -- one might be -- have an incentive to do this aside from 17 not necessarily directly. Could you give me the blocks on 18 the warm and fuzzy feeling. What other houses on that 18 West Oak that are designated as historical district? 19 street, a lot of them or none or -- have this designation? 19 MS. GLOVER: sure. Both sides of Oak 20 MS~ GLOVER: On Oak Street, probably five 20 street beginning at Carroll on -- from where we are, the 21 or six total. Probably five or six total on Oak Street 21 other side of Carroll up to Welch, then Welch down the .. 22 and maybe two on Hickory~ Therels not a lot in that 22 which side is that? That is the north side of Hickory ~ I 23 district that have actually sought the local marker 23 had to think about that. Go around the square to get my 24 designation and -- 24 directions. The north side of Hickory only is in the 25 COMMISSIONER ROY: If they did go to the 25 district and from Welch to Carroll and then parts of PLANNING AND ZONING JULY 12, 2006 Page 5 - Page 8 CondenseIt TM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 Denton Street and parts of Mount Street; about a block. 1 COMMISSIONER THIBODEAUX: so, basically 2 from Carroll up to the university? 3 MS. GLOVER: Yeah, up to Welch. Up to the 4 Ever's house and back around. 5 COMMISSIONER THIBODEAUX: Thank you. 6 COMMISSIONER STRA.NGE: AnY other questions? 7 Thank you. We will now open the public hearing. Is the 8 applicant here, and do they wish to speak? If you wOllld~ 9 please come fonvard and give us your name and address. 10 MS. MORRIS: rm Donna Morris. I happen to 11 live at 918 W. Oak. The reason that we applied for a 12 historic marker is I feel it t S very important for Denton 13 to save what it has. r m a history buff. We have 14 historic markers on tvlo of the homes, of the buildings 15 that we own on North Locus Street, the Red Bud Inn and the 16 Magnolia Inn. 1'm a real proponent of saving these old 1 7 houses. 18 I had a blast and I \vent crazy doing the 19 research on these houses. I thought it would be really 20 easy and then I got into it, and I got into it~ and I got 21 into it and I finally threw up my hands and said there's 22 got to be an easier way, but it was a lot of fun. I 23 learned a lot about Denton. I'm beginning to think that 24 our forefathers as I went through deed registration after 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 10 deed registration, I think that back in the late 1800 f s 1 what they did was every 4th of July they had a party on 2 the square and played poker and used lots as poker chips 3 because I couldntt believe the number of lots that 4 exchanged hands on the 4th of July. 5 I doort have absolute proof. I'm really 6 certain that our house is the third oldest house in the 7 historic district. It was -... the original part of the 8 house was built in 1895. And when we replaced wood in the 9 interior, replaced wood floors, we pulled out square 10 nailsA We were able in the kitchen to save the door pulls 11 from the kitchen cabinets and the glass~ the original 12 glass doors in the kitchen cabinets. Sn, we did a whole 13 lot to save interior as well as exterior. We have 14 original light fixtures that were first put in the house 15 when electricity went in. And I suppose if I spent more 16 time I could stand up here and say this is the fourth or 17 fifth oldest house still standing in Denton but that's 18 when I went crazy and gave up. 19 I respectfully respect that you grant this 20 designation. 21 COMMISSIONER STRANGE: AnY questions of the 22 applicant? Mr~ Roy. 23 COMMISSIONER ROY: YOU mentioned that this 24 designation will save the old house, so that means if you 25 PLANNING AND ZONING JULY 12, 2006 Page 1] were to sell this home, then that designation stays with the home and forever? MS. MORRIS: Yes, sir. COMMISSIONER ROY: And that person would have to follow the -- the new owner would have to follow the restrictions? MS. MORRIS: vb-buh. COMMISSIONER ROY: Thank you. COMMISSIONER STRANGE: Any other questions of the applicant? Thank you very much. Do we have any cards on this item? MS. CARPENTER: NO, sir, I don' t have any. COMMISSIONER STRANGE: okay. We have no cards. I will ask is there anyone in the audience who does wish to speak on this item? Okay. Seeing none, we'll close the public hearing. Do we have a motion or any discus sian on this item? :Me . Watkins. COMMISSIONER WATKINS: Mr. Chainnan, thank you. It gives me a great deal of pleasure to move approval. COMMISSIONER STRANGE: okay~ We have a motion. Do we have a second? COMMISSIONER HOLT: second COMMISSIONER STRANGE: we have a motion from Mr. Watkins and a second from MIs. Holt. Any Page 12 discussion? If not, please, vote. Dr. Thi badeaux, yours diOO t t register. COMMISSIONER THIBODEAUX~ rm looking at it. COMMISSIONER STRANGE~ There you go. The vote passes 6-0. Page 9 - Page 12 AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 CM: Planning and Development . Howard Martin, 349-8232 ~ ._ DEP ARTMENT: SUBJECT - Z06-0013 (Gateway University Addition) Hold a public hearing and consider the adoption of an ordinance regarding the rezoning of an approximately 0.24 acre parcel from a Downtown Residential 1 (DR-I) zoning district to a Downtown Residential 2 (DR-2) zoning district. The subject property is located on the west side of Avenue A at Collins Street. The Planning and Zoning Commission recommends approval (6- 0). BACKGROUND Applicant: Gateway Development Resources, Inc. Dallas, TX The subject property will be combined with the property to the immediate south to create a 1.098 acre parcel for twenty four (24) two-bedroom apartments and two (2) one-bedroom apartments are proposed. The amendments Council adopted in 2005 to the Development Code affecting multi-family development do not apply in the DR-l and DR-2 zoning districts. This request is in conjunction with a request for an Alternative Development Plan (ADP) for the entire 1.098 acres. The ADP request is scheduled for the September 27, 2006 Planning and Zoning Commission meeting. Public notification and property owner responses are provided in Attachment 3. As of this writing, staff has received no response from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Table item. RECOMMENDATION Staff recommends approval of the rezoning request based on the following findings: 1. The proposed use is compatible with the surrounding neighborhood. 2. The proposed zoning change is compatible with the Denton Plan and the Development Code. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) No prior development applications for the subject site have been submitted. EXHIBITS 1. Staff Analysis 2. Location Map 3. Zoning Map 4. Future Land Use Map 5. Public Notification Map 6. Site Photographs 7. Letter of Intent 8. Planning and Zoning Commission Minutes 9. Ordinance Prepared by ~- Lori Shelton, AICP Planner II Respectfully submitted, ~~ Kelly Carpenter, AICP Planning and Development Director EXHIBIT 1 Staff Analysis Summary of Zoning Request The applicant is requesting to rezone approximately 0.24 acres of land from a Downtown Residential 1 (DR-I) zoning district to a Downtown Residential 2 (DR-2) zoning district. The subject property is located on the west side of Avenue A at Collins Street. (See Exhibit 2 Location Map). This property is within the Downtown University Core land use designation. Existing Condition of Property The property is currently vacant and is platted as part of the Ewing Addition. Adjacent zoning: North: South: West: East: Downtown Residential 1 (DR-I) Single family residential Downtown Residential 2 (DR-2) Single family residential and fire station Downtown Residential 1 (DR-I) and Downtown Commercial General (DC-G) Single family residential Downtown Residential 1 (DR-I) Single family and multi-family residential Comprehensive Plan Analysis The subject site is located in the "Downtown University Core" future land use area of the Denton Plan. According to the Denton Plan, This area is intended to have a mix of educational, residential, retail, office, service, government, cultural and entertainment development. It is a place where residents can live, work, learn, and play in the same neighborhood. The proposed multi-family development is consistent with the comprehensive plan. It will provide upgraded housing options for students and help to revitalize the surrounding neighborhood. Development Review Analysis Access Access to the subject site is currently from Avenue A, which is classified as a Collector. However, when developed with the lot to the south the access is proposed to be from Underwood Street, which is classified as a neighborhood street. Public Infrastructure Public utilities are available to serve the site. Development Code / Zoning Analysis The comparison between uses permitted in Downtown Residential 1 (DR-I) and Downtown Residential 2 (DR-2) zoning districts is provided in the following charts. Residential Land Use Categories I DR-1 I DR-2 Attached Single Family Dwellings N P Dwellings Above Businesses N P Multi-Family Dwellings N L(5) Commercial Land Use Categories I DR-1 I DR-2 Bed and Breakfast L(8) L(9) Retail Sales and Service N L( 15) Professional Services and Offices N L( 15) Laundry Facilities N P Administrative or Research Facilities N SUP Broadcasting of Production Studio N SUP L(5) == Within this district the density of apartments will be calculated as one bedroom equating to .5 units. L(8) == Travelers' accommodations, are permitted, provided that: 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one ground or wall sign, constructed of a non-plastic material, non- interior illuminated of 4 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within 200 feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than 8 guest units. L(9) == All restrictions of L(8), but limited to no more than 15 guest units. L(15) == Uses are limited to no more than 5,000 square feet of gross floor area per lot. An SUP is required for additional square footage for Semi-Public Halls, Clubs and Lodges. 35.5.2.3 General Regulations. General regulations of the Residential Neighborhood land use zone are contained in the table below. The following limits apply to subdivision of 2 acres or less: General Regulations I DR-1 I DR-2 Minimum lot area (square feet) 4,000 4,000 Minimum lot width 50 feet 40 feet Minimum lot depth 80 feet 80 feet Minimum front yard setback 1 0 feet 1 0 feet Minimum side yard 6 feet 6 feet Minimum side yard adjacent to a street 1 0 feet 1 0 feet Minimum rear yard 1 0 feet 1 0 feet 1 0 feet 1 0 feet plus 1 plus 1 foot for foot for Minimum yard abutting a single family each each foot of foot of use or district building building height height over 30 over 30 feet feet Minimum residential unit size 700 SF 500 SF Maximum FAR 0.50 0.75 Maximum density, dwelling units per acre 8 30 Maximum lot coverage 60% 75% Minimum landscaped area 40% 25% Maximum building height 40 feet 45 feet EXHIBIT 2 Location M ap E! -If.. J ;~ L-- II ~ i I i j "_mull ll.__ ! . ; ~ ~O! Ul-i$ -i~...,.~.... !. It.n , I (f~: :. I i I ! 1 It .. I bRh I i Ii II DC-G ; J / i .-. ~ ~"""afO, ~'_ / '\ . -.' - .' "Nw"".. - .. _. ____~ / , \ ' ..- - v," -===- ~ '-.J \, \\ --- r.l. If DR-1) /\BR;2 \\ I~ DC-G' PI:' ~ /' I! · I' r~(,..t- '/ l d /. 1'.... . EXHIBIT 3 Zoning Map EXHIBIT 4 Future Land Use Map ~~J~ ~ u nunn,'l :1 II I I i I i I i I I i f. . J, i t I . i Ii I i n Iii II i I~II ~L L_JT1l ... ~ -- . UNOER\AfOOO f . f LJ I: ~ ~ I ~ 1 II '. ilL SUBJECT SITE. 1 .... " I (1 .\ I lniversitv C<P~re I I _.~~ . ~~ ~ ~ '\ I' ~/\- \\ \1 ~-1ARGiE r.t...l J ~ J 11....1..1.::.,. It : II II 11 U EXHIBIT 5 Public Notification Map j I I ~ j ~ 100 FT BUFFER ~ I - I~ -~ ) ~ J '~~ - 1- -" - =~ 11- ~_ _D '\ ,,= I - .....-- J I - = I ~ I ~ ,I i~ - ~ ,-:: ~ - - \ 11\.. ).1 , Ij- __ J ~~--~ I/...s ~II_ \\ I~- , I 'A \ \~ 11 I LI Z 1111 _~~~ II \~ ~~r (( I I III \1111 1U~JIH - - - I - - I - , l..-- - '- -' ,...... I .I "- ~ - r /~ 11- ;r7 I I 7 '7 ~ 1 - - - - - - - - - Public Notification Date: August 13/ 2006 200/ Legal Notices* sent via Certified Mail: 16 500/ Courtesy Notices mailed: 85 Number of responses to 200/ Legal Notice: · In Opposition: 0 · In Favor: 0 · Neutral: 0 A copy of the notification list can be picked up at City Hall West, 221 N. Elm Denton TX 76201 EXHIBIT 6 Site Photographs Looking west across Avenue A EXHIBIT 7 Letter of Intent ,. ~=-) ~ 14tIIO MaIAII ~ :IIa!I_ DIIIII. ..... __ ~~CI-m1 PIlI; (.M)~ ~~ ~_ . ':IlIa GATEWAY ~1IIII:...-...II"r __22. .2006 ~1I1ll [)nI!J1~~~ Citir lIIill W _ 221 N :RIm Damm.. TX 7GOl b;:R..aqu8t ~ bq; a... ..1111 Ao A Im~"'~: ~~.. ~~mc.._abbad_a~with~.AJIIIIa ~ Ha ~~ CoIpaniimI.fbr dIII~ ulllfPU.I..~ 1.10... ~ ~ m 'bim DGllIaadaiI III 1] ]1_ 1115 A-.aa:.A... TbD 1.10 ~ iI.....~ =- DR.-I'" DR:..:2 "'i'IIb tba ] 111 A~ A UlQt:dD.23f ... ... DR.-l. 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WI fill wiIdII. d rI-,..... PLANNING A ZONING JtBOULAR SBSSION. AUGUST 2Jt 2Hr6 Pap 61 - PIp 64 n.~-*an,.. till pKGCl ihIt.. . ... ... ..d I praIID: .....'. "416 I pnll1illlr 1Iaw., plllelM.....1IeoaUIt ~ I 2 ... ia ..... ill Qt.1" -.........fImIIJ 2 3 IbIt "*" lIII=R: .... ... ......1I:IUIICl 3 4- 0lIl. ....... ..a1'W: aJaD:d it 4 S 1CIMI1....... 11ItI'n caIIId IInc.lIIIlIMV. bill: Fat S 15 ~mtr~"'(II_I""""."._ , 7 l.cWldllllIle ~..ita "'1"11:.C(IDIIal" 7 I 1II1II. . [.... 1111-1 am WIt JUI'" III . 9 ......... 9 IIL.~.. lja.......... 10 M,CCIIIJaII -.t-t.....-,. v..." pi JD" JGI gd....JL 11 ......tIut..........,......mw. II 12 N-. .... bIbw iIIIi U &lINwI*h II . '* 1=11 12 13 ... .. KIll: ... JUI CIa do ,0 "'-m ~ If ro .. 13 14 ...."Iho~~ 14 15 AM. ]laD CXIIIC Ia CIIIt ~ off fI 15 16 MoCxIIidc. ... J'IIIldlB 6c rac IIIIkID., 1I1k Is l' 17 ......IID .. dIt IIrII dDi J'UII ~ IXDiII mm DdJIl. 11 II btlJd&, Mow~ JR....... -....... AI..... 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"' "6SM6"68 EXHIBIT 9 Ordinance s:\Our Dtx:mnm.tI\Ordimnc:a\06\Z06-0013.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM 11IE DO\VNTOv.m RESIDENTIAL 1 (DR-I) TO TIm DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CALSSIFICATION AND USE DESIGNATIONt FOR APPROXTh!ATBL Y O~24 ACRES, GENERALLY LOCATED ON TIlE WEST SIDE OF AVENUE A AT COLLThTS STREET LEGAILY DESCRlBED AS LOT I. BLOCK. 2 IlS" TIIE EWING ADDITION~ rn.THE ClTY OF DENTON~ DENTON COUNTY, TEXAS; PROVIDING FOR A PENAL TV m. THE MAXntruM AMOUNT OF $2~OOO_OO FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILTIY CLAUSE AND AN EFFECTIVE DAlE. (Z06-0013) WHEREAS~ Gateway Development Resources, me. has applied for a change in zoning for approximately 0..24 acres which is legally ~ribed as Lot 1" Block 2 of the Ewing Addition (the "PropertY') from Downtown Residential 1 (DR-I) to Downtown Residential 2 (DR-2) zoning district classification and use designation: and WHEREAS, on August 23~ 2006, th~ Planning and Zoning Commission ooncluded a public hearing as required by law:t and recommended approval of the requested change in zoning NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HBREBY ORDAINS: SECTION 1. The findings and recitatiOns contained in the preamble of this ordinance are incorporated herein by reference. : SECTION 2. The zoning district classification and use designation of the Property is hereby changed :from Downtown Residential! (DR-I) to Downtown Rcsidcntial2 (DR-2). SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. If any provision of this ordinance or the application thereof to any pemm or Gircumstancc is held invalid by any court,. ~such invalidity shall not affect the validity of the provisions or applications, and to this end the Provisions of this ordinance are sevemble~ SECTION 5.. .l\ny person viola1:ina any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $21'q<JO.OO. Each day that a provision of this ordi.n.ance is violated shall constitute a Bep arate and distinct o:ffenBe. SECTION 6. 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, a daily newspaper published in the City of Denton,. Texas" within ten (10) days of the date of its passage. s:~ Doc1Il'DmIs'Drd:in.ances'D6\2D6-00 13.doc PASSED .AND APPROVED this the AlTEST: JENNIFER W.ALTERS~ CITY'" SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER., CITY ATTORNEY day of ~ 2006. PERRY R. McNEILL, MAYOR AGENDA INFORMATION SHEET AGENDA DATE: September 26, 2006 CM: Planning and Development Department Howard Martin, 349-8232 .. DEP ARTMENT: SUBJECT - Z06-0022 (Pecan Park) Hold a public hearing and consider adoption of an ordinance regarding the rezoning of approximately 16 acres of land from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. The property is generally located on the south side of McKinney Street near the intersection of McKinney Street and Trinity Road. The Planning and Zoning Commission recommends approval (6-0). BACKGROUND Applicant: Allen & Ridinger Consulting, Inc., 109 West Main, Lewisville, TX 75057 Existing and proposed zoning maps are provided in Exhibit 3. The request proposes to unify the zoning on the subject property with the zoning on the adjacent 64 acres to the south in order to pursue single-family development on the entire 80-acre tract. Public notification and property owner responses are provided in Exhibit 4. As of the date the staff report was drafted, staff has received 3 responses in favor of the request and no responses opposed to the request from property owners within 200 feet of the subject site. OPTIONS 1. Approve as submitted 2. Approve with conditions 3. Deny 4. Table item RECOMMENDATION Based on the findings below, staff recommends approval of the requested zoning change. 1. The request conforms with the Denton Plan. 2. The requested NR-4 zoning district is compatible with the surrounding zonIng districts and land uses. PRIOR ACTION/REVIEW (Council.. Boards.. Commissions) On September 20, 2004 an application was made to rezone the subject property to a Neighborhood Residential 6 (NR-6) zoning district. The applicant withdrew the request prior to Planning and Zoning Commission consideration. EXHIBITS 1. Staff Analysis 2. Aerial Map 3. Existing and Proposed Zoning Maps 4. Public Notification Map 5. Site Photographs 6. Letter of Intent 7. Planning and Zoning Commission Minutes 8. Ordinance Prepared by ~,....""....,.; 1"-:" :v .. .~ .. . ~. .. -.. .... I. . :~:,. " '" "', " .~.. ,., ., __. . .,~. .....,' x-: Chuck Russell, AICP Planner III Respectfully submitted, ~~ Kelly Carpenter, AICP Director of Planning and Development EXHIBIT 1 Staff Analysis Summary of Zoning Request The applicant is requesting the zoning change of approximately 16 acres of land from a Neighborhood Residential Mixed Use (NRMU) zoning district to a Neighborhood Residential 4 (NR-4) zoning district. The property is generally located on the south side of McKinney Street near the intersection of McKinney Street and Trinity Road. Existing Condition of Property The site is currently undeveloped. Adiacent zoning and land use North: Neighborhood Residential Mixed Use (NRMU); Undeveloped and Single Family South: Neighborhood Residential 4 (NR-4); Undeveloped East: Neighborhood Residential Mixed Use (NRMU) and ETJ; Undeveloped West: Neighborhood Residential 4 (NR-4) and Neighborhood Residential Mixed Use 12 (NRMU-12); Undeveloped Comprehensive Plan Analysis The site is located within the "Neighborhood Centers" future land use area of the Denton Plan. The adjacent property to the west and south is also zoned an NR-4 district and is located within "N eighborhood Centers" on the Denton Plan. The uses and development standards in the proposed and existing NR-4 zoning district will support the Neighborhood Center concept, which is designed to allow for a variety of housing types in new neighborhoods in undeveloped areas of the City. The proposed zoning change is in compliance with the Denton Plan. Development Review Analysis as per the Development Committee Access and Capacity Right-of-way dedication will be required along McKinney Street at the time the property is platted to ensure a standard width of 110 feet. Also, the applicant will be required to submit a TIA at the time the plat request is submitted. Public Infrastructure Sidewalks will be required along McKinney. Extension of the existing 16-inch water line will be required. Development Code/Zoning Analysis The following table highlights the differences in uses between the NRMU and NR-4 zoning districts. The NR-4 district permits fewer and less intense uses than the NRMU zoning district. For example, the NRMU district permits offices, retail, restaurants and hotels, which the NR-4 district does not permit. Residential Land Use NRMU NR-4 Categories Agriculture P P Livestock L(7) L(7) Single Family Dwellings N P Accessory Dwelling Units N SUP L(1 ) Attached Single Family Dwellings L(40) SUP Dwellings Above Businesses P N Live/Work Units P N Duplexes N L(3) Community Homes For the Disabled P P Group Homes SUP N Multi-Family Dwellings SUP N L(4) Manufactured Housing Developments N N Commercial Land Use NRMU NR-4 Categories Home Occupation P P Sale of Products Grown on Site N N Hotels P N Motels N N Bed and Breakfast P N Retail Sales and Service L( 17) N Movie Theaters N N Restaurant or Private Club L( 11 ) N Drive-through Facility SUP N Professional Services and Offices L( 17) N Quick Vehicle Servicing SUP N Vehicle Repair N N Auto and RV Sales N N Laundry Facilities P N Equestrian Facilities N N Outdoor Recreation SUP P Indoor Recreation N N Major Event Entertainment N N Commercial Parking Lots N N Administrative or Research Facilities L( 14) N Broadcasting of Production Studio L( 14) N Sexually Oriented Business N N Temporary Uses L(38) L(38) Industrial Land Use NRMU NR-4 Categories Printing / Publishing N N Bakeries L(21 ) N Manufacture of Non-odoriferous Foods N N Feed Lots N N Food Processing N N Light Manufacturing N N Heavy Manufacturing N N Wholesale Sales N N Wholesale Nurseries N N Distribution Center N N Wholesale Storage and Distribution N N Self-service Storage N N Construction Materials Sales N N Junk Yards and Auto Wrecking N N Kennels N N Veterinary Clinics P N Sanitary Landfills, Commercial N N Incinerators, Transfer Stations Gas Wells SUP SUP L(27) L(27) Institutional Land Use Categories NRMU NR-4 Basic Utilities L(25) L(25) Community Service P N Parks and Open Space P P Churches P P Semi-public, Halls, Clubs, and Lodges P SUP Business / Trade School L( 14) N Adult or Child Day Care P SUP Kindergarten, Elementary School P SUP Middle School P N High School SUP N Colleges N N Hospital N N Elderly Housing P N Med ical Centers P N Cemeteries N N Mortuaries N N The chart below illustrates the difference between the NRMU and NR-4 zoning district development standards. The NR-4 district allows less lot coverage and building heights than the existing NRMU district. The following limits apply to all buildings: General Regulations NRMU NR-4 Maximum lot coverage 80% 60% Minimum landscaped area 20% 40% Maximum building height 65 feet 40 feet 20 feet 1 0 feet plus 1 plus 1 foot for foot for Minimum yard when abutting a single- each each foot of foot of family use or district building building height height above above 20 feet 20 feet The uses and development standards in the proposed NR-4 zoning district are in character with the surrounding zoning and comply with the Denton Plan. Staff recommends approval of the requested zoning change. EXHIBIT 2 AERIAL MAP -. oWJi -~ t~:R.4 .N ; -\ ~ - - - - - ~ . Cltvoml?ntnn: EXHIBIT 3 EXISTING ZONING MAP PROPOSED ZONING MAP EXHIBIT 4 PUBLIC NOTIFICAITON 200 FT BUFFER Public Notification Date: 200' Legal Notices* sent via Certified Mail: 500' Notices sent via Regular Mail: Number of responses to 200' Legal Notice · In Opposition: 0 · In Favor: 3 · Neutral: 0 Percent of land within 200' in opposition: 0 0/0 8/10/06 7 3 SITE PHOTOGRAPHS Subject site looking south from McKinney Street Property to the north of the site across McKinney Street EXHIBIT 6 LETTER OF INTENT A Allen & Ridinger CMauMhg. Irtc.. . 109W. MaIn $I. Lewilville., Texee 75057 July 7 t 2006 Mr. Chuck. Ruaell City oIDentan 221 N. mm. Street DartoD, Texas 76201 lte: ht:tut~.P.-t--: 1'1 ~__ "AcN: .aIIatltII "..,,,,.., (ZtMIItg CIIaIIp) Dear Mr.. RDase11: This leUa' bas been drafted. per the IIJI)1iGatim chtcUist to cmp1aia 1he intent of (J'lII'recpst. As you an aWl1'e the DBdbem 16 acre]D1ion of the ovr.n1l property boiDg dneJopec1 is zoocd NRMU. As the devetopmmt 11lOVe8 forward we wouldlik8 to reduce the inImsily oldie developmmt aDd c~ clumF the ZODing to NR-4 for the 1IDI1ba:n 16 BG1"e8. ThiI -requested ZODiDg would be the SIDle ztIdDg lithe mr-ining tract to the souttL Based 011 our initial meetings 'Wilb stafF~ ~sta4d that 1he City has ~ public utilities to service 1be tract, however those utilities will have to be brought to 1he tract. We appre:cWe yolD' _ 10 this RqDe&t and look forward to a &rvcIabJe 1ppftW81. Please CBIl if you ... aoy qoestiODs 01' ~~, ~~, DaleRidiDF' ~ Vice PresideDt Atta~: ZODi:q exhibit Cc: file . TEL 972 M3 8DOO FAX 972 353 8011 Page 69 Page 71 I COMMISSIONF.R.81RANOI!: 0111' lIeD :item. is 1 be:hlppy 10 eD8'MI' .ny of )'mil' qocstioos. 2 Item. ~ 4L\ wbfch is Ibc l'CZODiog of apj)l~y 16 2 o:HaSSDJNBR~ My questions of 3 ICteI fmD . N~ Raide.dbal Mixed Use ZoaiDs 3 . I'IafI'1 ThInk you. Mr. RuucD. 11 dIG epplX;.... me aDd 4 DisUI (Q . NcigbbcdJood. RcsJdartiBl4 ZminS Districl 4 do 1b8y willi to speak? S Mr4' au.JI. S APPlJC.ANT:: Wdre here 'but we donft need to C5 MI... BUsseLL: Mrt Chair, manbtn of the 6 spd:. 7 PImDiuc audZoaEg Commissioot Dan 4D is mnitw: cue N~ 7 COWU8SIONEIl~ Ale you. lUte? Okay. S z.o6-D022. Subject prcprrty Is IocaIed sJmv 1be 8Udh 8 We bavc DO cards. So wbh no OIIC wisbJng to spcU: 'We win 9 side of McKiImcy wbcm !be TriDity Road intmsccts from 9 ebD 1bc pubUc... Do we: haw a moQou on this JO die oorth. 10 ban? 11 Subject property is lIppnDimatdy 16 acte8. 11 a:JMMISSIOtrIIR THOM.M: Mr. <lrIirmaD, I J::DIJw= 12 Itls undeveloped IDd 8S )U1 can st.e fiom. !be a1idc Ibat 12 8ppnlVa~ pIaqc:. 1:3 1b: adjacent prapertis to the"WRt aad 10 1be aoud1 md 13- COMMISSlOND.I'IJtANtIe:. we l8VG . mcrdoD by 14 1bc casl arc 8l9o undeYeIopd llac is scmc raideDtial 14 Mr. 11xDus. Do WDhsve a 1eCOIId? IS devdopmeat aud I(Jme nonres1dmtia1., welL scdemd to IS CXJMMI88[()NEJt. 11UDODBA.1JX: 8CCODd. 10 me Il(I'II] Si!c of McKinney frrm !be subject property. 16 CCNNISSIONIR 9'I'RANGE= I have a secaJd by J7 The orangE: 1M tIurt you -1wIe i. tho 17 Drt Thibodeaux. AAy discussion? PIcIBC, vote. 'I'm: VOlt 18 City Limit IiDc 10 '(be; IUbjcct pI'OpI'ty is in Ibc City ]8 paBa 6-0. 19 limits aad your ETJ is 10 the C88l ADd 'Ibcftlls aJao IOme Ig TIle DCXl hem OD our Aamda i11a.y fwum 20 m 10 Ibe nortb acmss McK.inD:)'. The reatkXt for th:: 20 Asenda itrmr.. Do we htw E)UDC' hrm who wish:s to add 21 ~ tbh .. just . cloler victw of the BUbject ~ 21 any J.scDda ircms for PJaEDiOS BDd ZoIliDl Commission ., 22 Ttc property is cUEl'C8t1y :maed an NIMU NeiabborbcxKl 22 consider? If _ ~ wiD acljoum at 8: 17. 23 ResidmtiIl MIxed Use District. the property to tbs 801IIh 23 (End of proceedings.) 24 is ZODCd ~ wbich .. Ii. family. 24 25 n. propcsrty owoc::r.. the applicaat owns baIl1 25 Page 70 Pap: 72 1 the subject site as lVell 81 the property to ~ ROUth. 1 YeUow cards received: 1 itl, a part of -- when you combiDo the 16 ~ 8Dd tho 2 KarcD MiI:I<< 3 sabject site with the property to the souIb, it makes a 3 C.R. and Annie Lincoln 4 total of 80 acres. 1'hatre interested in coming in with a 4 Paula Chapmm 5 uniflCd si~y dcvelopm:nt (II tlK: property. tb: 5 Tom Lincoln 6 exiq zardag NllMU does DOt a110w single f.mJ.y; 6 Chris Watts 7 t!Iaef~ 1hey'M IrjiJw to co:ubine it with the .ttming 7 Harvey aDd Peggy Gibson 8 they have In the south to malce it all N1t-4. b ~ 8 Larry Miller 9 1his is 'What it would look Iib. and you still have your Sl Chuck Carpena ]0 NltMU to the north alODg McKiuDey. 10 Bent Carter Shawn Cuter )] These are a couple of slides of the - the Jl Cicmge Calhoun 12 slide to tho upper left. is at8ndi~ OD McKinDey looking to 12 Billy Kellum 1] the south of the subject propaty and the slide fa the 13 Joe Doye 14 bottom right is lookins towards tIE! north to tbc - to the 14 RiclJard Shennan J.5 north of the mbject propcrlyt IS John Bond 16 We did send out ~ nadccs to property 16 MidJael HulJre 17 owaers within 200 feet and we so tar bwe ~ fom' 17 Kelly Wooley Kent Wooley 18 notices iD. favor aud ZIerO in opposition.. So p,a.in, this 18 BiJlMorse 19 is essentially Ibe mniDg district beiDa: rapsted is less 19 Ouis Croom 20 iDteusc than the cum:I1t zoning iD terms of density 20 Sonya Hill Roger Hill 21 allowecl dc:vdopD'ellt staDdBrds, and also the main reason :21 Don DiDard 22 beins1bat that docs permit Ihem to develop the property 22 Liz Stokes 23 with siDgIe family uses. Staff is in support of the 23 Denise Eberhardt 24- ~uest. It is conslstent with Ibe DentoD. Plan as wc1I as 24 lane Meaney 2S being oompanb1e wi1h the adjacent zoning districts. II n 25 EXHIBIT 7 PLANNING AND ZONING COMMISSION MINUTES ComIenscIt tw PLANNING -" ZONING REGULAR SESSION. AUGUST 23, 2006 Page 69 - Page 72 EXHIBIT 8 ORDINANCE AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 16.004 ACRES FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 4 (NR-4) GENERALLY FRONTING 1323 FEET ON THE SOUTH SIDE OF EAST MCKINNEY STREET (F.M. 426) BEGINNING AT THE CITY LIMIT LINE OF THE CITY OF DENTON SOUTHEAST OF THE INTERSECTION OF EAST MCKINNEY STREET (F.M. 426) AND TRINITY ROAD AND LEGALLY DESCRIBED AS BEING A TRACT OF LAND SITUATED IN THE G. WALKER SURVEY, ABSTRACT NO. 1300 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS BEING A PART OF A 160.441 ACRE TRACT, AS DESCRIBED IN VOLUME 607, PAGE 616 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0022) WHEREAS, Allen and Ridinger Consulting, Inc. representing the owner, Ken Newell, initiated a change in zoning for approximately 16.004 acres of land particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "property") from Neighborhood Residential Mixed Use (NRMU) to Neighborhood Residential 4 (NR-4) zoning districts and use designations; and WHEREAS, on August 23,2006, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council finds the change in zoning is consistent with the Comprehensive Plan; 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 incorporated herein by reference. SECTION 2. The zoning district classifications and uses designations of the Property is hereby changed from Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation to Neighborhood Residential 4 (NR-4) zoning districts and use designations. SECTION 3. The City's official zoning map is amended to show the change in zoning district classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 2006. PERRY R. MCNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, INTERIM CITY ATTORNEY BY: EXHIBIT "A" LEGAL DESCRIPTION BEING, a tract of land situated in the G. Walker Survey, Abstract No. 1300 in the City of Denton, Texas, Denton County, Texas being part ofa 160.441 acre tract, as described in Volume 607, Page 616 the Deed Records of Denton County, Texas, being more particularly described as follows: BEGINNING, at the northeast corner of said 160.441 acre tract in the south line of F.M. 426; THENCE, South 030 56'40" West, departing said east line of the 160.441 acre tract, for a distance of 500.00 feet, to a ~ inch iron rod set; THENCE, North 630 24'53" West, departing said east line, for a distance of989.10 feet to a ~ inch iron rod set; THENCE, North 030 40'45" East, for a distance of 1070.00 feet, to a ~ inch iron rod set in north line of said 160.441 acre and the south line of said F .M. 426; THENCE, South 380 41' 10" East, along said north and south lines, for a distance of 1 061.85 feet, to a ~ inch iron rod set at the point of curvature of a curve to the left, having a radius of 1087.00 feet, a central angle of 130 47' 56", and a tangent of 131.53 feet; THENCE, continuing along said north and south lines and with said curve to the left for an arc distance of 261.79 feet (Chord Bearing South 450 35'06" East - 261.16 feet), to the POINT OF BEGINNING and containing 16.004 acres of land. .~~.*:' l~'_~:. :~~~;.:<~: .,,<.:.~.~~~~~:. .. ~ .. ..... .. ... . 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X'.~?U~ ~';jS.;.:" ,.",..,' .~~ ~ ~- , .;l~ ..../~ ~ ~1k?\l~~~~ ~~~~~;'.' .t~'\;I~~~'.:.-.~:_~~~:,~, , "~:~~~~~ ~ ~ ., ,4 r .':-- ,,' '~ -. - "" ~~~,;~,. ~ a&~~ '-'-" ; -. ":~Yc.r :-=~;~~_.. , >, - ,~=-,/Jry: ,>;:~ ?'j..'?j .,:-;;: :' ~ -::~'!:"' N lI~j~j: .,K'~~~,;:): ~ i~:':';~: ;<- ~,,: : -" . __ , " ' _ " , : (~:~ "w" . >' ;' . ~ ~';;c~~~.i~'" ," "",,'., '" - -,. - ~ --- -- -= ;r" ,~ : ,~ ;i.-'.:.--p.~~:-. ;1[(". .~ . ..- -iir.~~ .~ ~ .' ~:'~ I. '~ ~-.- , ~ iii :+. AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Finance/Budget ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer agreement between the City of Denton and the Denton Police Officers Association, and providing an effective date. BACKGROUND House Bills 304 and 2892 granted certain municipalities the option to meet and confer with fire and/or police associations and became effective in September 2005. While the bills do not require the City or the fire and/or police association to engage in a meet and confer process, it gives the legislative authority for the parties to discuss topics such as salaries, work hours, benefits and other conditions of employment. In November 2005, the Denton Police Officers Association petitioned the City Council to act as the sole and exclusive bargaining agent for non-exempt employees of the Denton Police Department. The City entered into meet and confer negotiations with the Denton Police Officers Association following a Council resolution recognizing the Police Officers Association as the exclusive bargaining agent for meet and confer on December 13,2005. In January 2006, the Police Officers Association and management representatives met to establish ground rules for the meet and confer process. Next, in May 2006, management and association representatives involved in the meet and confer process participated in a joint training session on interest-based bargaining (IBB). The IBB method was used by both teams throughout the meet and confer meetings. Both the City and the Police Officers Association exchanged issues of interest for discussion during this process. The topics of interest included compensation, hiring, promotions and discipline. Since May 2006, the City and the Police Officers Association have worked over a period of five months to discuss these topics. The Police Officers Association team members and the City management team members formed subcommittees to report back to the group about progress in areas of special discussion. Through the work during this process, the City and the Police Officers Association were able to reach 12 agreements that are mutually beneficial. Agenda Information Sheet September 26,02006 Page 2 These articles cover a range of issues, with many translating into enhanced efficiencies in the department operations. In addition, processes have been set in place to continue joint committee work on certain issues in the consecutive years of the contract. The successful meet and confer process in the Police Department can be attributed to the teamwork, professionalism, and good will of those involved. PRIOR ACTION/REVIEW The City Council received updated information as progress was made during the meet and confer process on the following closed session meetings: 1. March 7, 2006 (initial overview briefing of management topics for discussion) 2. June 6, 2006 3. July 25, 2006 4. September 12, 2006 The week of September 4-8, 2006, the Police Officers Association held a ratification vote for approval of the contract. Out of 137 officers, 136 voted, with one absent due to FMLA leave. The contract was unanimously approved with 131 votes in favor of the contract and five votes against the contract. FISCAL INFORMATION Programmed pay increases, including step Increases and assignment pay, have been budgeted for FY 2006-07. RECOMMENDATION It is recommended the City Council approve the Police Meet and Confer Agreement. EXHIBITS 1. Police Meet and Confer Agreement Matrix 2. Ordinance Respectfully Submitted: ~~~ ~, : < ,: ~ ~ , .. .. _..Tn , Jon Fortune Assistant City Manager r'-1 ~ = aJ e aJ aJ ~ ef) < ~ ~ = Q U ~ = = ..... aJ aJ ~ aJ ~ .- ~ Q ~ \0 Q Q M rJ'J H CI) C) ~ ~ o CI) C) , '1"'"'4 ~ o ~ ~ o ~ ~ CI) Q CI) .;3 rJ'J CI) N .a o C) CI) ~ ~ rJ'J CI) S ro ~ b.O ~ , '1"'"'4 ~ '> ~ o CI) a,s <-H ro O.l:J ~ ~ g~ a~ CI) ro . 2: '"d ~ a .l:J rJ'J ,~ H ,S 8 s~ ~~ ro 0 rJ'J CI) CI) ,~ ~~ ro 0 ~ ~ 's ~ ~ ~ ." 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Q,) ~Q,) a ~ ~ Q,) S< ~ ~ "C ; a Q,) 0 =u ~ U ~ eIJ = .~ ~ ~ 00 S:\Our Documents\Ordinances\06\poHce meet & confer agreement-doc ORDINANCE NO. AN ORDINANCE OF THE CITY:: OF DENTON, TEXAS APPROVING THE. MEET AND CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON.POLICE OFFICERS ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Interim Gity Manager, or bis designee, is hereby authorized to execute the Meet and Confer Agreement between the Ci~y and the Denton Police Officers Association in substantially the form of the agreement attached hereto and made a part of this ordinance for all purposes (the "Agreement"). SECTION 2. This ordinance shall become effective immediately upon its passage and 'approval. PASSED AND APPROVED this the day of , 2006. PERRY R. ~NEILL~ MAYOR ATTEST: JENNIFER WALTERS, CITY SECRET.A.RY BY: ,/ ..'>.l:. '" '., ..:. 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Meet and Confer Agreement Between The City of Denton and Denton Police Officers Association Fiscal Years 2006-2007; 2007-2008 and 2008-2009 TABLE OF CONTENTS De fini ti 0 ns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Arti c leI Authority and Reco gni ti on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Arti c I e 2 - Hiring....................................................................................................................... . . . . . . 3 Article 3 - Promotion..................................................................................................................... ..6 Article 4 - Appointment of Personnel............................................................................................. 9 Article 5 - Discipline .....................................................................................................................1 0 Article 6 - Change in Shift Assignment ........................................................................................11 Arti c I e 7 - B as e S al ary .................................................................................................................. 12 Article 8 - Court Time and Call Back ......................................................................................... .14 Article 9 - Field Training Officer and Tactical Pay ......................................................................15 Article 10 - Contract Interpretation Dispute Resolution Procedure............................................ ..16 Article 11 -Term of Agreement.....................................................................................................18 Article 12 - Savings Clause and Preemption Provision ................................................................19 II DEFINITIONS 1. "Agreement" means the Meet and Confer Agreement entered between the Denton Police Officers Association and the City of Denton. 2. "Association" means the Denton Police Officers Association, its elected leaders and its collective membership. 3. "City" means the City of Denton, its mayor, city council members, city manager, police chief and those persons designated by the City of Denton to manage the city and its police department. 4. The term "commission" means the Denton Fire Fighters' and Police Officers' Civil Service Commission. 5. The term "days" refers to calendar days unless otherwise specified. 6. The term "Department" means the Denton Police Department. 7. The term "Department head" means the Chief of the Denton Police Department, designee, or an acting Chief of the Denton Police Department. 8. The term "director" means the director of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 9. The term "Local Rule" means the Local Rules and Regulations of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 10. The term "Officer" means a member of the Denton Police Department who was appointed in substantial compliance with Chapter 143 of the Texas Local Government Code who is entitled to civil service status under section 143.005 of the Texas Local Government Code. 11. "Parties" means the City of Denton and the Denton Police Officers Association. 1 ARTICLE 1 AUTHORITY AND RECOGNITION The City of Denton recognizes the Denton Police Officers Association as the sole and exclusive bargaining agent for the covered Police Department police officers described in the petition for recognition, excluding the head of the law enforcement agency and excluding the employees exempt under subsection (b) of section 142.05 of the Texas Local Government Code, in accordance with subchapter B of Chapter 142 of the Texas Local Government Code and the petition. It is intended to include all permanent paid employees of the Police Department who have been hired in substantial compliance with provisions of Chapter 143 of the Texas Local Government Code but does not include civilians or other employees. It is not intended to deny local control by the City except as provided by this Agreement under section 142.059 of the Texas Local Government Code. In consideration of this authority, the Denton Police Officers Association agrees to act impartially and without discrimination on behalf of all affected police officers, irrespective of their membership status in the Denton Police Officers Association. 2 ARTICLE 2 HIRING Section 1. Beginning positions When a vacancy occurs in a beginning position in the Police Department, the Department head shall request in writing from the commission the names of suitable persons from the eligibility list. The director shall certify and provide to the municipality's Department head the names of the persons on the eligibility list. This section of the article shall supercede sections 143.026(a) and 143 .026(b) of the Local Government Code to the extent those sections require the certifications of persons on the eligibility list to be certified and to be provided three persons at a time. This section of the article is intended to omit the administrative process of providing three names at a time and instead provide a process where all names of the persons on the eligibility list are certified and provided at once when filling a vacancy for a beginning position in the Police Department. Section 2. Selection for Beginning Positions a. From the list of names certified, the Department head or designee shall identify the persons with a score of 90-105 and identify those persons as Group A. Within Group A, the Department head or designee shall identify the persons holding a Texas Peace Officer Certification and rank those persons according to the level of their Texas Peace Officer Certification in the following rank order highest to lowest: Master Peace Officer Certificate, Advanced Peace Officer Certificate, Intermediate Peace Officer Certificate and Basic Peace Officer Certificate. From those persons holding a Texas Peace Officer Certification ranked within Group A, the Department head shall appoint the person highest on the list if that person has otherwise satisfied all of the requirements for eligibility for a beginning position in the Police Department unless bypassed under section 143.026 of the Texas Local Government Code. The Department head or designee shall process in descending order the remainder of persons holding a Texas Peace Officer Certification for any additional beginning positions to be filled. b. Once the remainder of the persons holding a Texas Peace Officer Certification in Group A is exhausted, the remainder of the persons in Group A shall be processed if there are additional beginning positions to be filled. The remainder of persons in Group A that do not hold a Texas Peace Officer Certification will be processed in descending order based upon their score on the eligibility list. c. If there are additional beginning positions to be filled after steps a and b are completed above, the Department head or designee shall identify the persons with a score of 80-89 and identify those persons as Group B from the list certified. Within Group B, the Department head or designee shall identify the persons with a Texas Peace Officer Certification and rank those persons according to the level of their Texas Peace Officer Certification in the following rank order highest to lowest: Master Peace Officer Certificate, Advanced Peace Officer Certificate, Intermediate Peace Officer Certificate and Basic Peace Officer 3 Certificate. From those persons holding a Texas Peace Officer Certification ranked within Group B, the Department head shall appoint the person highest on the list if that person has otherwise satisfied all of the requirements for eligibility for a beginning position in the Police Department unless bypassed under section 143.026 of the Texas Local Government Code. The Department head or designee shall process in descending order the remainder of persons holding a Texas Peace Officer Certification for any additional beginning positions to be fill ed. d. Once the remainder of the persons holding a Texas Peace Officer Certification in Group B is exhausted, the remainder of the persons in Group B shall be processed if there are additional beginning positions to be filled. The remainder of persons in Group B that do not hold a Texas Peace Officer Certification will be processed in descending order based upon their score on the eligibility list. e. If there are additional beginning positions to be filled after steps c and d are completed above, the Department head or designee shall identify the persons with a score of 70-79 and identify those persons as Group C from the list certified. Within Group C, the Department head or designee shall identify the persons with a Texas Peace Officer Certification and rank those persons according to the level of their Texas Peace Officer Certification in the following rank order highest to lowest: Master Peace Officer Certificate, Advanced Peace Officer Certificate, Intermediate Peace Officer Certificate and Basic Peace Officer Certificate. From those persons holding a Texas Peace Officer Certification ranked within Group C, the Department head shall appoint the person highest on the list if that person has otherwise satisfied all of the requirements for eligibility for a beginning position in the Police Department unless bypassed under section 143.026 of the Texas Local Government Code. The Department head or designee shall process in descending order the remainder of persons holding a Texas Peace Officer Certification for any additional beginning positions to be filled. f. Once the remainder of the persons holding a Texas Peace Officer Certification in Group C is exhausted, the remainder of the persons in Group C shall be processed if there are additional beginning positions to be filled. The remainder of persons in Group C that do not hold a Texas Peace Officer Certification will be processed in descending order based upon their score on the eligibility list. g. The commission shall adopt Local Rules in accordance with this article. h. Subsections a-g of this article shall supercede section 145.025 of the Texas Local Government Code to allow for the creation of the eligibility list to be based upon Texas Peace Officer Certifications and based upon written examination grades in accordance with this article, and section 143.026 to the extent a person is appointed by the Department head using the process outlined in subsections a-g of this article. 4 Section 4. Probationary Period A person appointed to a beginning position in the Police Department must serve a probationary period of 18 months beginning on that person's date of employment as a police officer, or academy trainee. This section of the article shall supercede Sections 143.027(a) and 143.027(b) of the Local Government Code. 5 ARTICLE 3 PROMOTION Section 1. Promotions to Sergeant Rank An Officer is not eligible for promotion to Sergeant rank unless the Officer has served in the Department in the next lower rank for at least three years immediately before the examination date. This section supercedes section 143.031 of the Texas Local Government Code to increase the requisite time of service to a three year pre-requisite in the next lower rank before taking the Sergeant promotional examination. Section 2. Promotions to Lieutenant Rank a. Intent. In adopting this article, the Parties agree to implement a promotional system for Lieutenant rank using an essay component in the written examination. The Parties believe an essay component to the selection process for the Lieutenant rank will improve the selection process and provide promotional candidates a fair opportunity to display skills and abilities that serve as additional good indicators that they will perform well in the position of Lieutenant. b. Adoption and Publication of Rules. The commISSIon shall adopt Local Rules In accordance with this article. c. Letter of Intent and Resume. Eligible personnel will indicate his or her intent to take the Lieutenant examination by submitting a letter of intent and resume to the director in the manner prescribed by the position opportunity announcement in accordance with Local Rule 032. d. Written Examination. 1. Scoring and content. A maximum of eighty points of a promotional candidate's score will be based on the multiple choice score of the written examination, and a maximum of twenty points will be based on the overall essay score of the written examination. The essay component shall be limited to two essay questions and the source materials upon which the questions are based shall be posted in the position opportunity announcement. 2. Criteria determined prior to examination date. The graders will use grading criteria created by the Department head prior to the examination date to grade the essay component. The Department head shall determine whether an internal grading process or external grading process is used to grade the essay component. 3. Internal grading alternative. Each promotional candidate's essay component of the written examination will be submitted anonymously and may be graded by three individuals at the rank of Lieutenant or above, excluding the Department head, within five business days of the written examination administration date. If graded within 6 the Department, the candidate's overall essay score will equal the average grade of the candidate's three graded essay scores. 4. External grading alternative. Alternatively, each promotional candidate's essay component of the written examination may be graded by an external consultant within ten business days of the written examination. The candidate's overall essay score will equal the grade given by the external consultant. e. Selection for the Lieutenant Rank. The promotional candidate's multiple choice score and overall essay score will be added together to produce the candidate's raw score on the written examination. All candidates who receive a raw score of at least 70 points will be considered to have passed the written examination. Upon passing the written examination, the candidate's raw score plus any seniority points will constitute the candidate's total score and candidates will be ranked on the eligibility list and corresponding certified list according to the candidate's total score. The candidate is entitled to receive one point for each year of continuous service as a classified police officer in the Department, with a maximum of 10 points. The Department head shall appoint the eligible promotional candidate having the highest grade on the eligibility list unless the department head has a valid reason for not appointing the person. f. Military ~~ty. The commission may adopt rules providing for the efficient administration of tests for promotional candidates for Lieutenant rank who are members of the armed forces serving on active military duty as provided by section 143.032(b)(I)(2) of the Texas Local Government Code. g. Appeal or Grievance. A promotional candidate may appeal the multiple choice portion of the written examination under section 143.034 of the Texas Local Government Code but may not appeal or dispute the essay component of the written examination before an administrative or judicial body. Likewise no grievance under this Agreement may be filed concerning the essay except posting of sources and completion of the grading key prior to the written examination. The invalidation of any question or component of the written examination shall not invalidate the remainder of the written examination. h. Statutory Override. Sections 1 (a)-(f) of the article supercede the following sections of the Texas Local Government Code: section 143.032(a) to provide for the grading of the essay questions created under this article, section 143.032(f) to expand the preparation and composition allowances to include essay questions and to provide for more time for grading, section 143.032(g) to allow the Department head's participation in preparing the essay portion of the written examination, section 143.033(a) to provide for grading of the essay component outside the presence of the promotional candidates, section 143.033(c) to provide for the creation of the eligibility list based on both multiple choice and essay scores and for the potential score to be based on less than 100 points in the event a question is invalidated, section 143.033(d) to provide for more time to post the grades of the eligibility list, and section 143.034(a) to limit appeal of the essay component of the written examination. 7 Section 3. Eligibility List Forwarded at One Time for Nonentry Positions a. Intent. This section of the article is intended to omit the administrative process of providing three names at a time and instead provide a process where all names of the persons on the eligibility list are certified and provided at once when filling a vacancy for a nonentry position in the Department. b. Process. When a vacancy occurs in a nonentry position that is not appointed by the Department head, the director, on request by the Department head or designee, shall certify to the Department head the names of the eligibility list. c. Statutory Override. Sections 2(a)-(c) of the article supercede section 143.036 of the Texas Local Government Code to allow for the entire eligibility list to be forwarded at once. 8 ARTICLE 4 APPOINTMENT OF PERSONNEL All positions above Lieutenant may be filled by appointment by the Department head pursuant to the process provided for in Section 143.014 of the Texas Local Government Code. This article supercedes section 143.014(b) and section 143.014(c) of the Texas Local Government Code. 9 ARTICLE 5 DISCIPLINE Section 1. Limitations on Acts Not Related to Criminal Activity and Time To Investigate Charges In the original written statement and charges and in any disciplinary hearing conducted under this Agreement or Chapter 143, the Department Head has 240 days from the date the act (not related to criminal activity) occurred to discover the act. The Department Head shall have 180 days from the date of discovery, as set forth in the preceding sentence, to investigate and take disciplinary action for the act (not related to criminal activity). This section shall supercede the first sentence of section 143.052(h) of the Texas Local Government Code. Nothing in these sections affects the remainder of section 143.052(h) or affects section 143.056 of the Texas Local Government Code. Section 2. Alternative Discipline Officers suspended up to a maximum of five (5) working days, at the Department Head's discretion, may forfeit either accumulated vacation or compensatory time equal to the suspension to serve the suspension with no loss of paid salary. The officer shall have ten (10) calendar days from receipt of notice of the suspension to decide whether or not he or she wishes to forfeit accumulated leave or exercise his or her appeal rights pursuant to Chapter 143 Local Government Code. No appeal to the Commission or to arbitration may be instituted on suspensions where the officer has forfeited accumulated vacation or compensatory time pursuant to the terms of this section. This section supercedes section 143.052 and section 143.053 of the Texas Local Government Code to the extent either of those sections do not allow for the process outlined in this section. 10 ARTICLE 6 CHANGE IN SHIFT ASSIGNMENT The City reserves the exclusive right to determine procedures, timing and standards for all employee transfers and reassignments; provided, however, Officers shall receive at least 14 calendar days advance notice of transfer or reassignment that result in working different hours of a shift schedule. An Officer may voluntarily waive the requirement to an advance notice. In the event of an emergency the Department head or designee may require an Officer to work at any given time without the requirement of notice given to an Officer. An emergency is an unexpected happening or event or an unforeseen situation or crisis that calls for immediate action and requires the Department head to order a Officer to work a shift other than the Officer's normal scheduled shift assignment. 11 ARTICLE 7 BASE SALARY Section 1. Base Pay Philosophy It is the desire of the City to recognize that the employees of the City of Denton Police Department perform their responsibilities at a level that is above the typical metroplex Police agency. As such, it is the desire of the City to maintain a pay philosophy that exceeds the average metroplex pay for Police officers. Section 2. Comparator Cities Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Irving, Lewisville, McKinney, Mesquite, Piano and Richardson shall be used as comparator cities for the salary survey to be conducted each year of this contract. The City and Association shall convene a Labor/Management Pay Subcommittee to perform a survey in May 2007 and May 2008 upon which the proposed base salary adjustments for the following fiscal years shall be calculated. Based on the survey information of the comparator cities, the average of base pay for minimums and maximums for each rank shall be calculated and proposed for approval as a part of the budget process. Section 3. Annual Base Salary Proposal Calculation The annual base salary adjustments for Police Officer/Recruit, Sergeant, Lieutenant and Captain shall be proposed on the basis of the following calculations: (a) First Contract Year. The recommended base salary increase shall include an increase of two and a half percent (2.5%) per rank on October 7,2006, and a second increase of two and a half percent (2.5%) per rank on April 7, 2007. (b) Second Contract Year-Base Pay Determination. The recommended monthly base pay scale shall be calculated by the salary survey conducted in May 2007, utilizing the average minimum base salary for each rank of the 12 comparator cities as specified in this contract, plus five percent (5%). The recommendation will propose that each rank, including each step within that rank, will receive an increase (should an increase be required) to match the survey average minimum base salary for each respective rank plus five percent (5%). (c) Second Contract Year-Additional Step. An additional step position will be proposed for each rank in year 2 of the contract. The step proposed for Police officer will be at year 12, the step proposed for Sergeant will be at the beginning of year 3, the step proposed for Lieutenant will be at the beginning of year 3, and the step proposed for Captain will be at the beginning of year 3. The base salary for these additional steps will be proposed at 5% above the step immediately below. 12 (d) Third Contract Year-Base Pay Determination. The recommended monthly base pay scale shall be calculated by the salary survey conducted in May 2008, utilizing the average minimum base salary and the average maximum base salary for each rank of the 12 comparator cities as specified in this contract, plus five percent (5%). The recommendation will propose that each rank, including each step within that rank, will receive an increase (should an increase be required) to match the survey average minimum base salary for each rank plus five percent (5%). (e) Third Contract Year-Additional Step. An additional step position will be proposed for the ranks of Police Officer, Sergeant, Lieutenant and Captain in year 3 of the contract. The step proposed for Police Officer will be at year 15, the step proposed for Sergeant will be at the beginning of year 5, the step proposed for Lieutenant will be at the beginning of year 5, and the step proposed for Captain will be at the beginning of year 5. These proposed steps will reflect an increase (should an increase be required) to match the survey average maximum base salary for each rank plus five percent (5%). Section 4. Funding Obligations Depending upon the financial forecasts, the City maintains the right to implement the base wage increases between the first pay period of October and the first pay period of April of each fiscal year. The City presently intends to continue this Agreement each fiscal year through its term, to pay all payments due, and to fully and promptly perform the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available for those obligations, including tax revenues reasonably anticipated at equal or higher total gross amounts as were collected in fiscal year 2005-2006, and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. In the event that City Council adopts a resolution declaring that the City cannot meet its funding obligations after exhausting all reasonably available recurring revenue, as provided in the State Constitution, this Agreement shall be reopened for negotiation with the Association. In such an event, the provisions of this Agreement remain in full force and effect except as amended by agreement of both Parties. If at any time during the term of this Agreement, or any extension thereof, the electorate of the City subjects the government of the City to a rollback election; and as a result of such rollback election, the City suffers a reduction in revenues due to a reduction in the tax rate, the Agreement shall be reopened for negotiation with the Association. In such an event the provisions of this Agreement remain in full force and effect except as amended by agreement of both Parties. 13 ARTICLE 8 COURT TIME AND CALL BACK Officers while off duty who are called back to duty or subpoenaed to give testimony in court about events arising out of their employment shall be paid a minimum of two (2) hours or actual time worked, whichever is greater. Any hours meeting established criteria for overtime compensation will be paid at one and a half (1-1/2 times) the officer's regular rate of pay. 14 ARTICLE 9 FIELD TRAINING OFFICER AND T ACTICAL PAY Section 1. Purpose The purpose of section 1 and section 2 is to replace any and all preceding compensation on the basis of assignment to Field Training Officer or Tactical Team Officer. Section 2. Field Training Officer Pay Each Officer assigned as a Field Training Officer shall be granted pay of $1 00.00 per month. Section 3. Tactical Team Pay Each Officer assigned to the Tactical Team shall be granted pay of$100.00 per month. 15 ARTICLE 10 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE Section 1. Scope of Procedure The City and Association recognize that from time to time disagreements between the Parties may arise as to the application or interpretation of this agreement. The Parties therefore agree that the purpose of this dispute resolution procedure is to provide a just and equitable method for resolving disagreements between the Parties regarding the application or interpretation of the provisions of this Agreement. Matters involving the interpretation, application, or alleged violations of a specified provision of this Meet and Confer Agreement shall be subject to this dispute resolution procedure. Any matters for which the right of appeal is afforded by Subchapter D of Chapter 143 of the Texas Local Government Code are excepted from the scope of this Article. Section 2. Application of Procedure If either the City or the Association has a dispute with the other Party regarding this Agreement, that Party should reduce the dispute to writing and deliver it to the other's designated representative, who for the Association shall be its President and for the City shall be its Department head or designee. An Officer may not file a request for contract dispute resolution directly with the City; all resolution requests must be approved and come from the Association and must be signed by the Association President. Each grievance shall state the factual basis for the dispute, identify the applicable sections of this Agreement and identify the specific remedy sought. Any claim or dispute by an employee or group of employees under this Agreement which includes a claim for payor benefits for any past pay periods must be filed by the employee with the Association within thirty (30) days of the date when the employee knew or reasonably should have known of the claim. The Department head may require by policy for submission of contract disputes within the chain of command, but shall have a duty to determine the matter within thirty (30) days of its receipt from the Association. The Department head shall make his or her determination in writing If the Association does not accept the decision by the Department Head, it shall have five (5) business days to notify the Department Head and either Party shall have the right to seek mediation of the dispute by requesting same within ten (10) business days from the date of the Association's response to the Department Head's decision. If the representatives have not been successful in resolving the issue within sixty (60) days from the Association's decision, the matter may proceed to arbitration if agreed to by both the City and the Association. If arbitration is not mutually agreed to by both the City and the Association, the matter may proceed as provided for under section 142.064(c) of the Texas Local Government Code by filing suit. 16 Section 3. Arbitration If arbitration is mutually chosen by the City and the Association, the Parties agree that either or both can request a list of seven (7) arbitrators from the American Arbitration Association, and once received, the Party raising the dispute shall strike a name from the list, after which they shall alternately strike names until a single name remains. That person shall be appointed arbitrator for the dispute. The arbitration should be held at the earliest available date, but may be continued for good cause shown or upon mutual agreement. The hearing shall be held in available facilities of the City of Denton and shall be conducted informally, without strict evidentiary or procedural rules. The arbitrator shall consider and decide only the issue(s) in the dispute statement or submitted in writing by agreement of the Parties. The hearing shall be concluded as expeditiously as possible and the arbitrator's written decision shall be based on substantial evidence within thirty (30) days after close of the hearing. Section 4. Decision Final and Binding If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall be strictly limited to interpreting and applying the explicit provisions of this Agreement. The arbitrator shall not have authority to modify the agreement or create additional provisions not included in the Agreement. The Parties agree that neither the City nor the Association shall have ex parte communications with the arbitrator concerning any matter involved in the grievance submitted to the arbitrator. Each Party shall be responsible for its own expenses in preparing for and representing itself at arbitration, but the fees of the arbitrator shall be borne equally by the Parties. The written decision of the arbitrator shall be final and binding on both Parties and may not be appealed by either Party, except for any decision procured by fraud or collusion, or which exceeds the arbitrator's jurisdiction or which is based on legal conclusions or interpretations which are clearly contract to existing law. Section 5. Mutual Extension All deadlines within this article may be extended by mutual agreement by the Parties. 17 ARTICLE 11 TERM OF AGREEMENT This Agreement shall have an effective date of October 1, 2006, and shall remain in full force and effect through September 30, 2009. 18 ARTICLE 12 SAVINGS CLAUSE AND PREEMPTION PROVISION Section 1. If any provision of this Agreement is rendered invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this Agreement, which shall continue to be in full force and effect for the duration of the Agreement, and the Parties shall meet as soon as possible to agree on a substitute provision. However, if the Parties are unable to agree within thirty (30) days following commencement of the initial meeting, then the matter shall be postponed until Meet and Confer negotiations are resumed. To this end, the provisions of this Agreement are severable. This Agreement may be amended by written mutual agreement. Section 2. The provisions of this Agreement shall supercede the provisions of any statute, Executive Order, local ordinance, or rule, which are in conflict herewith, including for example and not by way of limitation, the contrary provisions of Chapter 143; Ordinances of the City of Denton, Texas; and Local Rules and Regulations of the Civil Service Commission for the City of Denton, Texas. This preemption provision is authorized by section 142.067 of the Texas Local Government Code, and the Parties have expressly agreed that each and every provision involving or creating such a conflict shall have the effect of superceding the statutory standard or result which would otherwise obtain, in the absence of this Agreement. This provision is of the essence to the bargain and Agreement, which has been reached. Section 3. Complete Agreement Clause The Parties agree that each has had full and unrestricted right and opportunity to make, advance and discuss all matters properly within the meet and confer process. This Agreement constitutes the full and complete Agreement of the Parties and there are no others, oral or written, except as specified in this Agreement. However, to the extent it may be shown to be necessary to go outside the four comers of the Agreement, the Negotiation History Document may be utilized to show the intent of the Parties. 19 SIGNATURE & EXECUTION PAGE THE FOREGOING INSTRUMENT AS BEEN DULY NEGOTIATED, REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW: THE CITY OF DENTON, TEXAS (Approved by Denton City Council on _ of , 2006) By: Dated: HOWARD MARTIN INTERIM CITY MANAGER THE DENTON POLICE OFFICERS ASSOCIATION, (Ratified by DPOA Membership on _ of , 2006). By: TROY NIVENS PRESIDENT, DENTON POLICE OFFICERS ASSOCIATION By: Dated: JENNIFER W ALTERS SECRETARY 20 AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing assignment pay for Police Department employees who are assigned to perform specialized functions of field training officer, and for Police Department employees who are assigned to the tactical team of the Police Department, and providing an effective date. BACKGROUND The City entered into meet and confer negotiations with the Denton Police Officers Association in May 2006. Through the meet and confer process, article agreements were reached between the City and the Denton Police Officers Association on a range of Issues. One article agreement of the meet and confer contract provided an increase for sworn police officers assigned to the duties of field training officer and tactical team. The proposed assignment pay for these duties is $100 per month. The proposed assignment pay increases are in lieu of awarding compensatory time for these assignments. FISCAL INFORMATION There are currently 23 tactical team officers and 18 field training officers. The annual cost at the $100 rate of assignment pay for tactical team officers is $27,600. The annual cost at the $100 rate of assignment pay for field training officers is $21,600. No compensatory time will be awarded for these assignments. EXHIBITS 1. Meet and Confer contract article agreement for assignment pay 2. Ordinance Respectfully Submitted: ,.. ' ~ . , I )~' ~ Jon Fortune Assistant City Manager ARTICLE 9 FIELD TRAINING OFFICER AND TACTICAL PAY Section 1. Purpose The purpose of section 1 and section 2 is to replace any and all preceding compensation on the basis of assignment to Field Training Officer or Tactical Team Officer. Section 2. Field Training Officer Pay Each Officer assigned as a Field Training Officer shall be granted pay of $1 00.00 per month. Section 3. Tactical Team Pay Each Officer assigned to the Tactical Team shall be granted pay of $100.00 per month. ~--7~ DATE ~~ ASS TION 08.07.06 16 S:\Ow- Documents\Ordinances\06\police assignment pay ordinance. doc ORDINANCE NO. AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR POLICE DEPARTMENT EMPLOYEES WHO ARE ASSIGNED TO PERFORM SPECIALIZED FUNCTIONS OF FIELD TRAINING OFFICER, AND FOR POLICE DEP ARTl\1ENT EMPLOYEES WHO ARE ASSIGNED TO THE TACTICAL TEAM OF THE POLICE DEPARTMENT; AND. PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 143.042 of the. Local Government Code authorizes.a municipality to pay assignment pay which is in an amount and is payable under conditions set by ordinance; and WHEREAS, the City of Denton and the Denton Police Officers Association have entered into a Meet and Confer Agreement whereby those employees of the Police Department who are assigned to perform the specialized duties of Field Training Officer should receive assignment pay of one hundred dollars ($100.00) per month, and those employees of the Police Department who are assigned to the Tactical Team should receive assignment p.ay of one hWldred dollars ($100.00) per month; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Police Department employees who are assigned to perform the specialized duties of Field Training Officer shall receive assignment pay of one hundred dollars ($100.00) per month, and those employees of the Police Department who ~e assigned to the Tactical Team should receive assignment pay of one hWldred dollars ($100.00) p.er month in addition to the regular monthly salary for their .classification in the Police Department. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND .APPROVED this the day of , 2006. PERRY R. ~NEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: .. . .... '. .:~.~:... '-" ~..uW' ....;.' .~" ..:. ..;....... .... -. -:~,.,:~~~"",: ...l.. . ;.. ...... ~...........:!.~......~(:"'h.::a.: \..L...........~.::u:."li:.:....P~ .~. . ..~-.~:c:.:. -~~...:./~"):':: +- ..~: .:".::.......1..~._..r.2_. . ~"~I';I::~;t.;i'.....~'.~.. )0" "'1:-' ~ ..1r....~. "':.i.~~...~ c.:...... '.' ..(......~..... ~.. "(,':::,J.,~). .... . :\.:.:..:.: . .... ~. .:.....~ ...::.. .-to;it:;":J~~""":~~~ .... ...., "'.' .....1..~:..:;;,...:.. 0\ .. ....: :..;:........: . .. :. ':t APPROVED AS TO LEGAL FORM: EDWINM. . ATTORNEY ../t'.:..../<:, - ----------.~---." Page 2 ...e~.x:.:.:~.R~ .~.. .-:~~.... ~:.a.' :U"':'.c..:'~~~.:~~.....~~;:.. ~ 7......:'.':t~.:.:..~.- : .~~.!.. ;~'~.,:' u-:: ;.,.' .~~:!~~.,t.. . .'.:. . . '~'~.~':"~';-">~~-=:j>.~'.-...c..::' ._~~ ..L....~~~~...;.. ~........ ..~~~,;~ '..;i...;~ '~.:.. :-J. .. ..._,~-.,i .~ ._~ - .:;ip..\~ki:.'.: :-;,: .;;:....~~~:.. ;;'''.:..;; AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Finance/Budget ACM: Jon Fortune SUBJECT Consider adoption of an ordinance of the City of Denton, Texas approving the Meet and Confer Agreement between the City of Denton and the Denton Fire Fighters Association, and providing an effective date. BACKGROUND House Bills 304 and 2892 granted certain municipalities the option to meet and confer with fire and/or police associations and became effective in September 2005. While the bills do not require the City or the fire and/or police association to engage in a meet and confer process, it gives the legislative authority for the parties to discuss topics such as salaries, work hours, benefits and other conditions of employment. In October 2005, the Denton Fire Fighters Association petitioned the City Council to act as the sole and exclusive bargaining agent for non-exempt employees of the Denton Fire Department. The City entered into meet and confer negotiations with the Denton Fire Fighters Association following a Council resolution recognizing the Fire Fighters Association as the exclusive bargaining agent for meet and confer on November 15, 2005. In January 2006, the Fire Fighters Association and management representatives met to establish ground rules for the meet and confer process. Next, in February 2006, management and association representatives involved in the meet and confer process participated in a joint training session on interest-based bargaining (IBB). The IBB method was used by both teams throughout the meet and confer meetings. The parties exchanged issues of interest, which included topics of hiring, promotions, civil service positions, discipline and compensation. Since April 2006, the City and the Fire Fighters Association have worked over a period of six months to discuss these issues. The Fire Fighters Association team members and the City management team members formed subcommittees to report back to the group about progress in areas of special discussion. To continue the dialogue on specific issues throughout the term of the contract, processes have been set in place to continue joint committee work where deemed necessary. Agenda Information Sheet September 26, 2006 Page 2 Through the work of this meet and confer process, the parties were able to achieve 15 agreements that are mutually beneficial. The agreements cover a range of issues, with many translating into enhanced efficiencies in the department operations. The successful meet and confer process in the Fire Department can be attributed to the teamwork, professionalism, and good will of those involved. PRIOR ACTION/REVIEW The City Council received updated information as progress was made during the meet and confer process on the following closed session meetings: 1. March 7, 2006 (initial overview briefing of management topics for discussion) 2. June 6, 2006 3. July 25, 2006 4. September 12, 2006 The week of September 20-22, the Fire Fighters Association held a ratification vote for approval of the contract. Results of the ratification vote will be provided at the City Council meeting on September 26, 2006. FISCAL INFORMATION Programmed pay increases and fire pension contribution increases as a result of this contract have been budgeted for FY 2006-07. RECOMMENDATION It is recommended the City Council approve the Fire Meet and Confer Agreement. EXHIBITS 1. Fire Department Meet and Confer Agreement Matrix 2. Ordinance Respectfully Submitted ~~~ ~'_~ .' ~ ;, . .. _.Tn, Jon Fortune Assistant City Manager r:IJ. ....... = ~ a ~ ~ J. 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AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING THE ME~T ANp CONFER AGREEMENT BETWEEN THE CITY OF DENTON AND THE DENTON FIRE FIGHTERS ASSOCIATION; AND PROVIDING AN EFFECTNE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Interim City Manager, or his designee, is hereby authorized to execute the Meet and Confer Agreement bet\veen the City and the Denton Fire Fighters Association in substantially the form of the agreement attached hereto and made a part of this ordinance for all purp<?ses (the "Agreement"). SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. ~NEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWINM. S B. . . .".. . . .: .:..... ......:~~~~~~~.~~~~.::....:.:.:.:.:.....:'-:..,~~:.~~.,~~....~:;:~.:~:.c~~~.:....._~.:::.:<.:.:.r.....:.:.:~....~~~..:..:.,:.-i..:..~~~~~~. .~.~~ . -..,.. . 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'.' . :.-- '-;.: ./I.....,.tJii:....:..:r ''}.;;,~ Meet and Confer Agreement Between The City of Denton and Denton Fire Fighters Association, IAFF Local 1291 Fiscal Years 2006-2007; 2007-2008 and 2008-2009 FINAL 9.20.06 TABLE OF CONTENTS De fini ti 0 ns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Arti c leI - Reco gni ti 0 n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Article 2 - Civil Service Transition for Certain Civilian Positions .................................................3 Article 3 - Labor/Management Relations......................................................................................1 0 Article 4 - Hiring Process............................................................................................................. .11 Article 5 - Promotions.................................................................................................................. .15 Article 6 - Nepotism..................................................................................................................... .18 Article 7 - Safety and Health........................................................................................................ .19 Article 8 - Discipline.................................................................................................................... .20 Arti c I e 9 - Base Pay....................................................................................................................... 21 Arti c leI 0 - P ensi on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 Article 11 - Deferred Compensation Plan.................................................................................... .25 Article 12 - Association Business Leave...................................................................................... .26 Article 13 - Contract Interpretation Dispute Resolution Procedure ..............................................28 Article 14 - Term of Agreement.................................................................................................... 3 2 Article 15 - Savings Clause Preemption Provision and Complete Agreement Clause .................33 E xhi b it A - Panel 0 f Arb i tr at 0 r s .................................................................................................... 3 5 FINAL 9.20.06 II DEFINITIONS 1. "Agreement" means this Meet and Confer Agreement entered between the City of Denton and Denton Fire Fighters Association, IAFF Local 1291. 2. "Association" means the Denton Fire Fighters Association, IAFF Local 1291, its elected leaders and its collective membership. 3. "City" means the City of Denton, its mayor, city council members, city manager, fire chief and those persons designated by the City of Denton to manage the city and its fire department. 4. The term "commission" means the Denton Fire Fighters' and Police Officers' Civil Service Commission. 5. The term "days" refers to calendar days unless otherwise specified. 6. The term "Department" or "Fire Department" means the Denton Fire Department. 7. The term "Department head" or "Fire Chief' means the Fire Chief of the Denton Fire Department, designee, interim, or an acting Chief of the Denton Fire Department. 8. The term "director" means the director of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 9. The term "Local Rule" means the Local Rules and Regulations of the Denton Fire Fighters' and Police Officers' Civil Service Commission. 10. The term "Firefighter" means a member of the Denton Fire Department who was appointed in substantial compliance with Chapter 143 of the Texas Local Government Code who is entitled to civil service status under section 143.005 of the Texas Local Government Code and excludes persons attaining civil service status under article 2. 11. "Parties" or "parties" means the City of Denton and the Denton Fire Fighters Association, IAFF Local 1291 and "Party" or "party" means either the City of Denton or the Denton Fire Fighters Association, IAFF Local 1291. FINAL 9.20.06 1 ARTICLE 1 RECOGNITION The CITY OF DENTON recognizes the DENTON FIRE FIGHTERS ASSOCIATION, IAFF LOCAL NO.1291, as the sole and exclusive bargaining agent for the covered Firefighters described in the petition for recognition, excluding the head of the fire department and excluding the employees exempt under Subsection (b), in accordance with subchapter C of Chapter 142 of the Texas Local Government Code. FINAL 9.20.06 2 ARTICLE 2 CIVIL SERVICE TRANSITION FOR CERTAIN CIVILIAN POSITIONS Section 1. Intent The Parties agree to reclassify certain non-civil service civilian positions in the Fire Prevention Division and Administration Division to civil service for certain civil service benefits and protocols under Chapter 143 of the Texas Local Government Code to create a more unified Department incorporating Operations, Administration and Fire Prevention. The Parties intend for any variation of civil service provisions by this Agreement to also apply to the reclassified positions affected by this article unless provided otherwise by the Agreement. Section 2. Employees Affected and Civil Service Status (A) The non-civil service positions affected by this article include the Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager. A Fire Department employee who serves in one of these positions is not required to take a competitive examination to remain in the employee's position if the employee was appointed to that position before October 1,2006, the effective date of this Agreement, and the City's governing body by ordinance amends the City's existing classification of Fire Department employees to include the employee's position as provided by section 143.021 of the Texas Local Government Code. (B)_ _At the time of the effective date of this Agreement, and the City~governing body by ordinance amends the City's existing classification of Fire Department employees to include the employee's position, the non-civil service employees affected by this article shall automatically waive into and qualify for the provisions of civil service status under Chapter 143 concerning classification status, disciplinary action, appeals, protocols, sick leave, on duty injury leave, and other such provisions, with the exception of those provisions relating to promotions or transfers and except as otherwise provided in this Agreement. Section 3. New Fire Prevention Division Titles and Ranks (A) Public Education Officer, Fire Inspector and Senior Fire Inspector (1) Classification and Assignment Pay The Public Education Officer, Fire Inspector and Senior Fire Inspector shall be classified in place at current base pay plus $300 per month assignment pay. Each of these classifications will be eliminated when vacated and will be replaced with a Fire Inspector Specialist classification. FINAL 9.20.06 3 (2) Base Salary for Public Education Officer, Fire Inspector and Senior Fire Inspector (a) First Contract Year. The recommended base salary percentage increase for Public Education Officer, Fire Inspector and Senior Fire Inspector for the first contract year shall include an increase of four percent (4%) on October 7, 2006, and a second increase of four percent (4%) on April 7, 2007. (b) Second Contract Year-Base Pay Determination. The recommended base salary percentage increase for the second contract year shall be calculated by taking the average percentage increase, excluding step increases, for the second contract year for the ranks of Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief. (c) Third Contract Year-Base Pay Determination. The recommended base salary percentage increase for the third contract year shall be calculated by taking the average percentage increase, excluding step increases, for the third contract year for the ranks of Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief. (B) Fire Protection Engineer Associate (1) Classification and Assignment Pay The Fire Protection Engineer Associate shall be classified in place at current base pay plus $400 per month assignment pay. This classification will be eliminated when vacated and replaced with a Fire Protection Specialist. (2) Base Salary for Fire Protection Engineer Associate (a) First Contract Year. The recommended base salary percentage increase for the Fire Protection Engineer Associate for the first contract year shall include an increase of four percent(4%)..........on.~O.ctober7,~'J0.Q.6,andasecond.iIlcfeaseoffourpe~rcent(4%).........onApri17, 2007. (b) Second Contract Year-Base Pay Determination. The recommended base salary percentage increase for the second contract year shall be calculated by taking the average percentage increase, excluding step increases, for the second contract year for the ranks of Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief. (c) Third Contract Year-Base Pay Determination. The recommended base salary percentage increase for the third contract year shall be calculated by taking the average percentage increase, excluding step increases, for the third contract year for the ranks of Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief. (C) Assistant Fire Marshal (1) Classification and Assignment Pay The Assistant Fire Marshal shall be classified in place at current base pay plus $500 per month assignment pay. This classification will be eliminated when vacated and replaced with a Deputy Fire Marshal. FINAL 9.20.06 4 (2) Base Salary for Assistant Fire Marshal (a) First Contract Year. The recommended base salary percentage increase for Assistant Fire Marshal for the first contract year shall include an increase of four percent (4%) on October 7,2006, and a second increase of four percent (4%) on April 7, 2007. (b) Second Contract Year-Base Pay Determination. The recommended base salary percentage increase for the second contract year shall be calculated by taking the average percentage increase, excluding step increases, for the second contract year for the ranks of Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief. (c) Third Contract Year-Base Pay Determination. The recommended base salary percentage increase for the third contract year shall be calculated by taking the average percentage increase, excluding step increases, for the third contract year for the ranks of Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief. (D) Future Base Pay for Fire Inspector Specialist, Fire Protection Specialist and Deputy Fire Marshal Once a newly classified position under Section 2 of this article is vacated, for reclassification for that position, future base pay for Fire Inspector Specialist, Fire Protection Specialist and Deputy Fire Marshal will be made by recommendation by the joint Labor/Management Committee to the Department head. The Department head will determine whether to adopt the recommendation. (E) Future Job Descriptions for Fire Inspector Specialist, Fire Protection Specialist and Deputy Fire Marshal Thejoint~~Labor/Management..............Committee~~will~developj.ob~deseriptiolls.including minimum and preferred qualifications for these new civil service positions of Fire Inspector Specialist, Fire Protection Specialist and Deputy Fire Marshal and make a recommendation to the Department head. The Department head will determine whether to adopt the recommendation. Section 4. Fire Recruitment Management Analyst (A) Classification and Assignment Pay The position of Fire Recruitment Management Analyst will be classified in place at current base pay plus $500 per month assignment pay. This classification will be eliminated when vacated and replaced with a Fire Recruitment Captain. Base pay for Fire Recruitment Captain at that point will be equivalent to Fire Captain. The joint Labor/Management Committee, will develop and recommend a job description to the Department head including minimum and preferred qualifications for the new civil service position. The Department head will determine whether to adopt the recommendation and will determine minimum and preferred qualifications for this position. FINAL 9.20.06 5 (B) Base Salary for Fire Recruitment Management Analyst (1) First Contract Year. The recommended base salary increase for Fire Recruitment Management Analyst for the first contract year shall include an increase of four percent (4%) on October 7, 2006, and a second increase of four percent (4%) on April 7, 2007. (2) Second Contract Year-Base Pay Determination. The recommended base salary increase for the second contract year shall be calculated by taking the percentage increase, excluding step increases, for the second contract year for the rank of Fire Captain. (3) Third Contract Year-Base Pay Determination. The recommended base salary increase for the third contract year shall be calculated by taking the percentage increase, excluding step increases, for the third contract year for the rank of Fire Captain. Section 5. Fire Marshal and Emergency Management Program Manager (A) Fire Marshal and Emergency Management Program Manager By Appointment The positions of Fire ~Aarshal and Emergency ~Aanagement Program ~Aanager shall be appointed by the Department head and shall not be filled by promotional examination. A person appointed under this section serves at the pleasure of the Department head. (B) Fire Marshal Classification The Fire Marshal shall be classified in place at current base pay plus $600 per month assignment pay. (C) Emergency Management Program Manager The Emergency Management Program Manager shall be classified in place at current base pay plus $500 per month assignment pay. (D) Future Base Pay Prior to a Vacancy Occurring The future base pay for Fire Marshal and Emergency Management Program Manager, prior to a vacancy occurring in each respective position, will be determined by the Department head based on market comparisons in accordance with City of Denton policy. (E) Upon the Vacancy in the Current Positions (1) Determination of Job Descriptions and Base Pay When a vacancy occurs in either of the current positions of Fire Marshal or Emergency Management Program Manager, the base pay and minimum and preferred qualifications for that position from the time of vacancy will be made by recommendation by the joint Labor/Management Committee to the Department head. The Department head will FINAL 9.20.06 6 determine whether to adopt the recommendation and ultimately will determine minimum and preferred qualifications and base pay for that position. (2) Vacancy To Be Filled by Appointment by the Department Head Vacancies in the positions of Fire Marshal or Emergency Management Program Manager shall be filled by appointment by the Department head. Appointments for Fire Marshal or Emergency Management Program Manager will be made by the Department head from within the Department, following the procedure outlined below. If no suitable candidate from within the Department exists, the Department head may appoint a person from outside the Department. Procedure: 1. Job Announcement for potential candidate(s) within the Department 2. Candidate(s) submit a letter of interest and resume 3. Application review for minimum and preferred qualifications 4. Department head's interview 5. Appointment from within the Department or proceed to external process if no suitable internal applicant 6. External Job Announcement 7. Candidate( s) submit a letter of interest and resume 8. Application review for minimum and preferred qualifications 9. Department head's interview 10. Appointment from external candidate In the event that an internal candidate applies and proceeds through step 4, but is not selected and the Department head proceeds to the external process, that candidate may seek review of the non-selection. The internal candidate may seek review by providing a written statement to the Department head within ten (10) calendar days from the date of the notification of non-selection stating the basis for review. The review process shall be as follows: (1) The joint Labor/Management Committee shall review the Department head's decision and make a non-binding recommendation in writing to the Department head within five (5) business days from the date that the candidate seeks review; then (2) The internal candidate may seek review of the non-selection to the commission by submitting a request in writing to the director within five (5) business days from the date of the recommendation of the joint Labor/Management Committee. The commission shall have ten (10) business days to conduct a hearing and render a decision sustaining or overruling the Department head's decision to seek an external candidate. The standard of review by the commission is whether the Department head's decision is arbitrary and capricious. The commission's decision shall be final and binding with no right of appeal to an arbitrator or district court. FINAL 9.20.06 7 Deadlines in this article may be extended by mutual agreement by the internal candidate seeking review and the Department head. (F) Internal Appointment In the event that an internal Firefighter or newly classified employee under this article fills the vacancy, only subsections 143.014(g) and 143.014(h) of 143.014 of the Texas Local Government Code shall apply. (G) External Appointment In the event that an external candidate fills the vacancy, only subsection 143.014(h) of 143.014 of the Texas Local Government Code shall apply after a twelve (12) month probationary period applicable to an external appointment, except that the provision relating to being restored to the same classification or its equivalent shall not apply. Section 6. Transfer (A) Restrictions The reclassified employees under this article may not transfer out of their current assigned Division into any other classified civil service position in another Division in the Department. Reclassified Prevention Division employees under this article are eligible to promote within their currently assigned Division. (B) Effect of Transfer Operations Division Firefighters who transfer to the Fire Prevention Division or Administration Division are eligible to take the Operations Division's promotional examinations, provided they meet the requirements for the promotional examination under Chapter 143 of the Texas Local Government Code and any pre-requisites for promotion as determined under Article 5 of this Agreement. It is the intent of the Parties that, when transfer processes between Divisions are outlined by recommendation by the joint Labor/Management Committee and determined by the Department head, a Firefighter does not gain rank or lose rank by transferring between Divisions. Section 7 . Vacancies Vacancies in any of the newly classified positions other than Fire Marshal and Emergency Management Program Manager will be filled by a competitive process. The format of the competitive process and pre-requisites for that process will be made by recommendation of the joint Labor/Management Committee by June 1, 2007, to the Department head. The Department head will determine whether to adopt the recommendation and will determine the competitive processes for these positions. The Parties intend that the competitive processes addressed in this section are not restricted by Article 5, the Promotions article, in this Agreement or restricted by Chapter 143 of the Texas Local Government Code. FINAL 9.20.06 8 Section 8. Commission's Role The commission may adopt rules under this article providing for the efficient administration of this article. Section 9. Statutory Override To the extent this article reclassifies existing civilian positions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager to civil service positions this article overrides section 143.003(4) and section 143.003(4)(A). This article is the exclusive process and provision by which the positions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager are afforded civil service status. Unless otherwise provided in this article, this article overrides sections 143.014, 143.015 to the extent limited in section 5 of this article, 143.026, 143.028, 143.029, 143.030, 143.032, 143.033, 143.034, 143.036 (except the definition of vacancy) and 143.085 of the Texas Local Government Code. The overrides to Chapter 143 of the Texas Local Government Code also apply to this article and to the reclassified positions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Marshal, Fire Recruitment Management Analyst and Emergency Management Program Manager. FINAL 9.20.06 9 ARTICLE 3 LABOR/MANAGEMENT RELATIONS Each Party shall designate three (3) representatives to serve on a joint Labor/Management Committee ("Committee"). This Committee shall meet quarterly at agreeable times and places to discuss matters of mutual concern. Such discussion shall not be tantamount to, or an extension of, the bargaining process, but shall be for the purpose of encouraging productive relations between the parties and the improvement of the fire services to the community. A minimum of two (2) members from each party must be present for a meeting to be held. The Department head will make reasonable efforts to accommodate requests by Association members to attend if they are on duty. Both parties understand and agree that Committee meetings are not required on any issue, except where provided for in Articles 2, 4 and 5 of this Agreement, and are not a condition nor limitation on the management rights to make and enforce policies, rules, regulation, or operational decisions. The work of the Committee shall be conducted on City time without loss of pay by Committee members; except that meetings which are scheduled at times when Association members who are not on duty, such members shall attend on their own time without compensation. FINAL 9.20.06 10 ARTICLE 4 HIRING PROCESS Section 1. Intent In adopting this article, the Parties agree to implement a hiring system for beginning position in the Department to provide for selection based upon the determination by an Oral Interview Board and the Chief s Interview. The parties believe a determination by the Oral Interview Board and Chief s Interview for beginning positions will improve the selection process and provide applicants a fair opportunity to demonstrate skills and abilities that serve as additional good indicators that they will perform well in the Department. Section 2. Adoption and Publication of Rules Any Local Rules that may be adopted by the commission shall be in conformity with the provisions of this article. Section 3. Written Examination and Commission List (a) Written Examination and Military Points The written examination under Chapter 143 of the Texas Local Government Code shall be administered and the minimum passing grade on the written examination is 70 percent. An additional five (5) points shall be added to the examination grade of an applicant who served a minimum of 180 active days in the United States armed forces, received an honorable discharge, and made a passing grade on the examination. In the event a tie should occur, the process to break a tie will follow the Department Hiring Guideline. A passing grade on the written examination may permit the applicant to proceed to the next step(s) in the hiring process. The grade on the written examination will not serve as the grade for ranking on the eligibility list; however, the written examination grade, plus any applicable military points, will determine the ranking for a Commission List from which applicants proceed through the remainder of the hiring process. (b) Commission List In this article "Commission List" shall mean the list of applicants who made a passing grade on the written examination ranked from highest to lowest including any applicable military points and shall not mean the eligibility list from which an applicant may be appointed. When a vacancy occurs in a beginning position in the Fire Department, the Department head shall request in writing from the director the names of suitable persons from the Commission List outlined in subsection (a) above. The director shall certify and provide to the Department head all of the names of such applicants on the Commission List. From the Commission List of names, the Department head shall identify a number of FINAL 9.20.06 11 applicants, based on the determination of the Department head related to the number of vacancies, with the highest ranking to proceed through the process. Section 4. Background Check and Physical Ability Test (a) Background Check After the Department head determines an applicant to be eligible to proceed through the process by the Department head, the applicant will proceed through the Background Check in accordance with the Department's Hiring Guidelines. If an applicant passes the Background Check, then the applicant shall proceed to the Physical Ability Test. If an applicant does not pass the Background Check, the applicant will be disqualified from any further consideration in the hiring process. (b) Physical Ability Test From the list of names of applicants who passed the background check, the applicant will proceed to the Physical Ability Test in accordance with the Department's Hiring Guidelines. If an applicant passes the Physical Ability Test, then the applicant may be considered to proceed to the Oral Interview Board. If an applicant does not pass the Physical Ability Test, the applicant will be disqualified from any further consideration in the hiring process. (c) Selection of Fifteen (15) candidates to Proceed to Oral Interview Board From the list of names of applicants who passed the Physical Ability Test, the Department head shall identify the fifteen (15) applicants with the highest ranking on the Commission List who have passed the Background Check and Physical Ability Test to proceed to the next step in the process. In the event that those fifteen (15) names are exhausted after the completion of the Oral Interview Board and Chiefs Interview, then the Department head shall identify a number of applicants (the number to be identified at that Department head's discretion) on the Commission List to proceed to the next step in the process in order to create a new list of fifteen (15) applicants. Section 5. Oral Interview Board (a) Oral Interview Board The joint Labor/Management Committee shall establish an Oral Interview Board made up of four (4) members with four (4) alternate members. Three (3) of those members and three (3) of the alternate members shall come from the Department. One (1) of those members and one (1) of the alternate members shall be a citizen member from the City of Denton chosen by the Department head. It is understood that all members and alternate members of the Oral Interview Board will receive appropriate training to conduct interviews. FINAL 9.20.06 12 (b) Interview The Oral Interview Board will interview eligible applicants determined by the preceding steps in this article. Each member of the Oral Interview Board will assign an applicant a score from zero (0) to one hundred (100) points. The average of those four (4) scores will be calculated and will be the final Oral Interview Board score for each eligible applicant. If an applicant obtains a final Oral Interview Board score of seventy (70) points or more, an applicant will proceed to the Chief s Interview. If an applicant does not pass with a score of seventy (70) points or more, the applicant will be disqualified from any further consideration in the hiring process. Section 6. Chiers Interview The Fire Chief will interview eligible applicants determined by the preceding steps in this article. The Fire Chief shall invite the Deputy Fire Chief or Battalion Chief(s) to attend the Fire Chief s Interview for all eligible applicants. The Chief will assign an applicant a score from zero (0) to one hundred (100) points. Any input from the Deputy Fire Chief or Battalion Chief will be included in the Chiefs score. This score will be the final Chief s Interview score for each eligible applicant. If an applicant does not pass with a score of seventy (70) points or more, the applicant will be disqualified from any further consideration in this hiring process. Section 7. Eligibility List The overall score to be placed on the eligibility list for each eligible applicant shall be computed by taking the applicant's final Oral Interview Board score and multiply the score by .70 to the account for seventy percent (70%) of the applicant's final overall score; and adding the applicant's final Chiefs Interview score and multiply that score by .30 to account for thirty percent (30%) of the applicant's final overall score (see below). (4 Oral Interview Board Scores divided by 4 == final Oral Interview Board Score) x 70% + (final Chiefs Interview score) x 30% applicant's final overall score When a vacancy occurs, the Department head shall appoint the eligible suitable applicant having the highest final overall score on the eligibility list unless the Department head has a valid reason for not appointing the person. Each hiring eligibility list remains in existence for one (1) year after the written examination unless exhausted. At the expiration of the one-year period, the eligibility list expires and a new hiring procedure may be held. All applicants may be subject to a polygraph examination at the Department head's discretion. FINAL 9.20.06 13 Section 8. Effect of an Eligibility List Created Under this Article A hiring eligibility list in existence at the time of the adoption of this article shall continue in effect until its expiration in accordance with section 143.025(h) of the Texas Local Government Code. Any hiring eligibility list created under this article will take effect upon the expiration of any applicable pre-existing list. Section 9. Probationary period Unless already certified as both a firefighter by the Texas Commission on Fire Protection and a paramedic by the Texas Department of State Health Services, a person appointed to a beginning position in the Department must serve a probationary period of up to eighteen (18) months beginning on that person's date of employment as a Fire Fighter, or trainee. A person appointed to a beginning position in the Department who is certified as both a fire fighter and a paramedic shall serve a probationary period of twelve (12) months. Section 10. Disqualification In the event an applicant is disqualified at any point in the hiring process, the Department head shall clearly set forth in writing the good and sufficient reason why a person was disqualified. Section 11. Statutory Override This article supercedes the following sections of the Texas Local Government Code to the extent the article may be in conflict with any of these sections: section 143.025(a) to account for an Oral Interview Board and Chief s Interview only to be administered to certain applicants that meet the hiring process criteria under the rules implemented in accordance with this article and to establish the eligibility list based on the Oral Interview Board and Chiefs Interview as outlined in this article; section 143.025(b) to base the eligibility list on the Oral Interview Board and Chief s Interview final overall score as outlined in this article; sections 143.025(c), 143.025(d) and 143.025(e) to provide for the Oral Interview Board and Chief s Interview to interview applicants outside the presence of other applicants and at different times; section 143.025(i) to provide for an Oral Interview Board and Chief s Interview in the grading process and for establishment of an eligibility list as outlined in this article; sections 143.026(a), 143.026(b), 143.026(c) and 143.026(d) to allow the creation of various lists in the hiring process as outlined in this article, to allow for appointment and disqualification by the Department head, to account for the Oral Interview Board and Chief s Interview final overall score as a basis for the applicant's selection, and to eliminate the requirement of filing reasons of a pass over with the commission; and section 143.027 regarding probationary period. This article further preempts, to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department head or head of the City or by a division or agent of City, such as the commission. FINAL 9.20.06 14 ARTICLE 5 PROMOTIONS Section 1. Intent In adopting this article, the Parties agree to implement improvements to the promotional process for the Department by improving pre-requisites that qualify a candidate to take a promotional written examination. The parties believe the improving pre-requisites for promotional written examinations will improve the promotional process and will provide promotional candidates a fair opportunity to meet pre-requisites that serve as additional good indicators that they will perform well in the positions to which they seek to be promoted. Section 2. Definitions (a) In this article "written examination" means the written examination provided for promotions under Chapter 143 of the Texas Local Government Code. (b) In this article, "pre-requisites" means the minimum qualifications and conditions required of candidates for eligibility to take a Chapter 143 written examination for promotion within the Department. Section 3. Role of Commission Any Local Rules that may be adopted by the commission shall be in conformity with the provisions of this article. Section 4. Minimum Qualifications (a) Within ninety (90) days of the execution of this Agreement, the joint Labor/ Management Committee appointed as provided in Article 3 will recommend pre- requisites for taking promotional written examinations prior to the posting of the Position Opportunity Announcement publication each year. The Department head will determine whether to adopt the recommended pre-requisites. In the event the pre-requisites are adopted by the Department head, the pre-requisites will be effective twelve (12) months after their posting in the Position Opportunity Announcement publication. (b) In the event pre-requisites are not recommended by the expiration of the ninety (90) day time period, the Department head may extend the time period at his/her discretion or may proceed with the then existing qualifications. In this circumstance, the Department head may request a report from the joint Labor/Management Committee outlining the pre-requisites developed at that point. FINAL 9.20.06 15 Section 5. Evaluation The joint Labor/Management Committee will establish a system within the joint Labor/ Management Committee to evaluate the promotional process and the pre-requisites established. The joint Labor/Management Committee shall prepare a written evaluation for the Department head within sixty (60) days after the administration of each written examination. Section 6. Promotion From Fire Fighter Rank to Driver Rank (a) Intent of this Section The parties do not intend for a Fire Fighter's pay to be reduced in the event the Fire Fighter is promoted from Fire Fighter rank to Driver rank. The Parties understand that, under certain circumstances, a Fire Fighter Step F base salary may be higher than the base salary of a Driver Step A. It is the intent of the Parties that, in those circumstances, such promoted Driver receive the Driver Step B base salary. (b) Pay for Certain Drivers In the event a Fire Fighter is at Step F in the Fire Fighter rank and promotes to a Driver rank and the base salary for Driver Step A is less than the base salary for Fire Fighter Step F, then, as a Driver, that Driver shall receive the Driver Step B pay instead of Driver Step A pay as his/her base salary. That Driver's base salary will continue at the Step B designation until the beginning of year five (5) as a Driver. Section 7. Eligibility List When a vacancy occurs in a nonentry position that is not appointed by the Department head, the director, on request by the Department head, shall certify to the Department head the names of the eligibility list. This section of the article shall supercede Section 143.036(b) of the Local Government Code to the extent that Section requires the certification of persons on the eligibility list to be certified three (3) persons at a time. This section of the article is intended to omit the administrative process of providing three (3) names at a time and instead provide a process where all names of the persons on the eligibility list are certified and provided at once when filling a vacancy for a nonentry position in the Fire Department. Section 8. Statutory Override This article supercedes the following sections of the Texas Local Government Code: sections 143.030(b) and (c) to alter pre-requisites for promotions; section 143.030(d), sections 143.032(a), 143.032(b), 143.032(c), and 143.032(d) to provide for pre-requisites for the promotional process as determined by the joint Labor/Management Committee to the extent any of those pre-requisites may be deemed to conflict with these sections; and section 143.036(a) to provide for the promotional process in accordance with this article FINAL 9.20.06 16 and to the extent any provisions of this article may be deemed to conflict with this section. This article further preempts, to the extent of any conflict, all contrary state statutes, local ordinances, executive orders, civil service provisions, or rules adopted by the Department head or head of the City or by a division or agent of the City, such as the commission. FINAL 9.20.06 17 ARTICLE 6 NEPOTISM Section 1. Purpose The Denton Fire Department through employment, promotion, or transfer of relatives, will not contribute to the creation of any inequity or impropriety among its members. The purpose of this procedure is to communicate a Department policy regarding employment and supervisory relationships among family members. Section 2. Definition and Scope of Application During the term of this Agreement, the parties agree that the definition of "relative" shall meet the same definition of "familial relationship" provided by current City Policy Reference Number 102.08 dated September 3, 2002, and agree this article applies to a Firefighter as defined in this Agreement or a position reclassified in Article 2. Section 3. Appointment of Relatives to City Employment Members of the Department assigned to positions that make appointments, conduct interviews, promote, etc. cannot participate and must disqualify themselves if a relative is a candidate. In addition, members shall notify the Fire Chief in writing to disclose the relationship or interest involved. Section 4. Immediate Supervisory Relationships Members shall not directly supervise a relative. Direct or immediate supervision includes participation in a hiring decision, promotional decision, disciplinary decision, or preparing or influencing a performance evaluation of a relative. In Battalion, relatives shall not be assigned to the same shift. Temporary shift swaps or overtime assignments are permitted, provided there is no immediate supervisory relationship. At the discretion of the Incident Commander, the prohibition on the immediate supervisory relationship of relatives during emergency operations is put aside. Irrespective of the immediate supervisory relationship, members shall not participate in a decision involving the financial interest of a relative, including hiring, promotion, discipline and pay increases. In addition, members shall not attempt to influence others in a financial interest of a relative. Section 5. Changes or Amendments During Term of Agreement It is understood that during the term of this agreement, if either party requests in writing a meeting concerning changes or amendments to the definition of the term "relative," the parties shall meet within ten calendar days to discuss such changes or amendments. Changes made to section 2 are not subject to ratification by the Association or the City Council. FINAL 9.20.06 18 ARTICLE 7 SAFETY AND HEALTH It is the desire of the City and the Association to maintain the highest standards of safety and health in the Fire Department. The City and Association agree to use NFPA 1583, NFPA 1582 and the IAFF/IAFC Joint Wellness Fitness Initiative as a guideline for the implementation of policy regarding health and safety issues in the Department over time. The parties agree to create a standing Wellness Committee that will work on implementing the requirements of rule 435.21 of the Texas Commission on Fire Protection and will work on the implementation of standardized physicals. In furtherance of the parties' desired goals, the parties will explore the feasibility of a position in the Department that would serve as a safety and wellness officer prior to the expiration of the Agreement. FINAL 9.20.06 19 ARTICLE 8 DISCIPLINE Section 1. Time to Investigate Charges In the original written statement and charges and in any disciplinary suspension hearing conducted under this Agreement or Chapter 143, the Department head shall have 180 days to investigate and take disciplinary action from the date the Department head discovers an act, provided that the Department head may not complain of or take disciplinary action for an act (not related to criminal activity) that occurred more than one year before the date of disciplinary action. This section of the article shall supercede the first sentence of section 143.052(h) of the Texas Local Government Code. Nothing in this article affects the remainder of section 143.052(h) or affects section 143.056 of the Texas Local Government Code. FINAL 9.20.06 20 ARTICLE 9 BASE PAY Section 1. Base Pay Philosophy It is the desire of the City to recognize that the employees of the City of Denton Fire Department perform their responsibilities at a level that is above the typical metroplex fire agency. As such, it is the desire of the City to maintain a pay philosophy that exceeds the average metroplex pay for fire fighters. Section 2. Comparator Cities Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Irving, Lewisville, McKinney, Mesquite, PIano and Richardson shall be used as comparator cities for the salary survey to be conducted each year of this contract. The City and Association shall convene a Labor/Management Pay Subcommittee to perform a survey in May 2007 and May 2008 upon which the proposed base salary adjustments for the following fiscal years shall be calculated. Based on the survey information of the comparator cities, the average of base pay for minimums and maximums for each rank shall be calculated and proposed for approval as a part of the budget process. Section 3. Annual Base Salary Proposal Calculation The annual base salary adjustments for the ranks of Fire Recruit, Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief shall be proposed on the basis of the following calculations: (a) First Contract Year. The recommended base salary increase shall include an increase of four percent (4%) per rank on October 7, 2006, and a second increase of four percent (4%) per rank on April 7, 2007. (b) Second Contract Year-Base Pay Determination. The recommended monthly base pay scale shall be calculated by the salary survey conducted in May 2007, utilizing the average minimum base salary for each rank of the 12 comparator cities as specified in this contract, plus five percent (5%). The recommendation will propose that each rank, including each step within that rank, will receive an increase (should an increase be required) to match the survey average minimum base salary for each respective rank plus five percent (5%). ( c) Second Contract Year-Additional Step. An additional step position will be added to each rank in year 2 of the contract. The step proposed for Fire Fighter will be at year 7, the step proposed for Fire Driver will be at the beginning of year 3, the step proposed for Fire Captain will be at the beginning of year 3, and the step proposed for Fire Battalion Chief will be FINAL 9.20.06 21 at the beginning of year 3. The base salary for these additional steps will be proposed at five percent (5%) above the step immediately below. (d) Third Contract Year-Base Pay Determination. The recommended monthly base pay scale shall be calculated by the salary survey conducted in May 2008, utilizing the average minimum base salary and the average maximum base salary for each rank of the 12 comparator cities as specified in this contract, plus five percent (5%). The recommendation will propose that each rank, including each step within that rank, will receive an increase (should an increase be required) to match the survey average minimum base salary for each rank plus five percent (5%). The recommendation will propose that the year 7 step for Firefighter will receive an increase (should an increase be required) to match the survey average maximum base salary for that rank plus five percent (5%). ( e) Third Contract Year-Additional Step. An additional step position will be added for the ranks of Fire Driver, Fire Captain and Fire Battalion Chief in year 3 of the contract. The step proposed for Fire Driver will be at the beginning of year 5, the step proposed for Fire Captain will be at the beginning of year 5, the step proposed for Fire Battalion Chief will be at the beginning of year 5. These proposed steps will reflect an increase (should an increase be required) to match the survey average maximum base salary for each rank plus five percent (5%). Section 4. Funding Obligations Depending upon the financial forecasts, the City maintains the right to implement the base wage increases and additional steps outlined in sections 3(a) through 3(e) between the first pay period of the fiscal year and the first pay period of April of each fiscal year. The City presently intends to continue this Agreement each fiscal year through its term, to pay all payments due, and to fully and promptly perform the obligations of the City under this Agreement. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available for those obligations, including tax revenues reasonably anticipated at equal or higher total gross amounts as were collected in fiscal year 2005-2006, and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. In the event that the City Council adopts a resolution declaring that the City cannot meet its funding obligations for this Agreement after exhausting all reasonably available recurring revenue, as provided in the State Constitution, this agreement shall be reopened for negotiation with the Association. In such an event, the provisions of this Agreement remain in full force and effect except as amended by agreement of both Parties. If at any time during the term of this Agreement, or any extension thereof, a reduction occurs because the electorate of the City subjects the government of the City to a rollback FINAL 9.20.06 22 election; and as a result of such rollback election, the City suffers a reduction in revenues due to a reduction in the tax rate, the Agreement shall be reopened for negotiation with the Association. In such an event, the provisions of this Agreement remain in full force and effect except as amended by agreement of both Parties. FINAL 9.20.06 23 ARTICLE 10 PENSION For each year of the Agreement, the City shall increase its contribution toward the Firemen's Retirement and Relief Fund by 1 % as of the date of the new fiscal year; however, the contribution level toward the Fireman's Retirement and Relief Fund under this article shall not exceed the City's actuarial contribution rate to the Texas Municipal Retirement System. FINAL 9.20.06 24 ARTICLE 11 DEFERRED COMPENSATION PLAN Section 1. Optional Retirement Program The City will make available the IAFF Financial Corporation 457 Plan ("IAFF Plan") in January 2007 as one of the options that a Firefighter or newly classified employee in the Department may participate provided that: (1) confirmation is obtained prior to then from International City Managers' Association-Retirement Corporation ("ICMA-RC") that there will be no change to asset management fees paid by members currently participating in the ICMA- RC 457 plan; and (2) the City will bear no additional expenses. A Firefighter or newly classified employee in the Department wishing to participate in the IAFF Plan assumes full responsibility for tax or penalty provisions as applicable under federal state or local law. FINAL 9.20.06 25 ARTICLE 12 ASSOCIATION BUSINESS LEAVE Section 1. Association Business Leave Authorized Association Representatives who are on duty shall be permitted to have paid time off, designated as Association Business Leave (ABL), to conduct Association business under the conditions specified in this article provided that the ABL does not impact the mission of Department including operations, staffing, training or other scheduled Department functions. Section 2. Permitted Uses of ABL ABL may be used for activities that directly support the mission of the Department or the Association, or are deemed mutually beneficial to both the Department and Association, but do not otherwise violate the specific terms of this article. It is specifically understood and agreed that no paid time off shall be utilized for political lobbying at the local, state, or nation level. The Department head will make reasonable scheduling adjustments and accommodations pursuant to ABLE requests to allow authorized Association Representative to participate on behalf of the Association to attend scheduled Meet and Confer negotiating session, sub-committee meetings, and joint Labor/Management Committee sessions between the Association and the City. The Association President or his designee may be granted reasonable time off pursuant to and ABL request during working hours to investigate and process grievances, to attend Civil Service, Arbitration, or Court Hearings and to represent Association employees in disciplinary action provided that the President or his designee shall request permission from his Battalion Chief. Whenever possible, notification is to be made prior to or at the beginning of a shift. The officers of the Association may be granted ABL for membership meetings of the Association that take place when such officers are scheduled to be on duty. This leave with pay shall be limited to one (1) meeting per month no to exceed two (2) hours per meeting. ABL may be granted up to two (2) Association representatives to attend the TSAFF or IAFF convention, TSAFF Leadership Conference. TSAFF Service Training Class, IAFF Affiliate Leadership Training Seminar, or the IAFF Human Relations Conference. The Association shall endeavor to conduct all necessary Association business during the non-working time to the greatest number of Firefighters required for such business to the greatest extent possible. FINAL 9.20.06 26 Section 3. Written Request Required All requests for ABL must be in writing and submitted at least three (3) days in advance to Fire Administration but requests should be made as soon as possible. To be considered timely, the request must be received in person, by fax, or bye-mail by noon of the day notice is due. Section 4. Approval of ABL Requests The Department head or the Department head's designee will review timely ABL requests to determine approval based on operations, staffing, training or other scheduled Department functions. FINAL 9.20.06 27 ARTICLE 13 CONTRACT INTERPRETATION DISPUTE RESOLUTION PROCEDURE Section 1. Scope of Procedure The City and Association recognize that from time to time disagreements between the Parties may arise as to the application or interpretation of this Agreement. The Parties therefore agree that the purpose of this dispute resolution procedure is to provide a just and equitable method for resolving disagreements between the Parties regarding the application or interpretation of the provisions of this Agreement. Matters involving the interpretation, application, or alleged violations of a specified provision of this Meet and Confer Agreement shall be subject to this dispute resolution procedure. Any matters for which the right of appeal is afforded by Subchapter D of Chapter 143 of the Texas Local Government Code are excepted from the scope of this article. Section 2. Application of Procedure If the Association has a dispute with the City regarding this Agreement, the Association should reduce the dispute to writing and deliver it to the City's designated representative, who shall be its Department head or designee. A Firefighter or newly classified employee under Article 2 in the Department may not file a request for contract dispute resolution directly with the City; all resolution requests must be approved and come from the Association Grievance Committee. Each dispute shall be submitted on a form similar to the one attached as an exhibit to this Agreement, and must include, at minimum, the following information: (1) a brief statement of the dispute and the facts or events on which it is based; (2) the sections(s) of the Agreement alleged to have been violated; (3) the remedy or adjustment sought; and (4) the bargaining unit member's signature or, if filed by the Association, the signature of the Association Grievance Committee chairman or Association President. Any claim or dispute by an employee or group of employees under this Agreement which includes a claim for payor benefits for any past pay periods must be filed by the employee with the Association within thirty (30) days of the date when the employee knew or reasonably should have known of the claim. FINAL 9.20.06 28 Disputes by the Association, Firefighter, or a newly classified employee under Article 2 shall proceed along the following steps: Step 1. An aggrieved Firefighter or newly classified employee under Article 2 must initiate a dispute with the Association Grievance Committee within thirty (30) calendar days of the date upon which the Firefighter or newly classified employee knew of or should have known of the facts giving rise to the dispute. A copy of notice or receipt of the dispute shall be forwarded to the Department head by the Association Grievance Committee within (3) business days of the receipt of the dispute. The Association Grievance Committee shall within their sole discretion determine if a dispute exists. If the Association Grievance Committee determines that no dispute exists, it shall notify the Department head in writing that no further proceedings will be necessary. If the Association Grievance Committee determines that the dispute is valid, it shall within fifteen (15) business days after receipt of the dispute, proceed to Step 2 of the procedure. Step 2. Any dispute found to be valid by the Association Grievance Committee shall be submitted to the Department head within five (5) business days of the Step 1 decision. After receipt of the dispute, the Department head shall within thirty (30) days submit his response in writing to the Association Grievance Committee. The Department head may require by policy for submission of contract disputes within the Chain of command, but shall have a duty to determine the matter within thirty (30) days of its receipt from the Association. Step 3. If the dispute is not resolved in Step 2, the Association Grievance Committee may advance the dispute in writing to the City Manager or designee within ten (10) business days from receipt of the Step 2 decision by the Department head. The City Manager or designated representative shall review the matter and render a decision in writing to the Association Grievance Committee within ten (10) business days of the receipt of the dispute. The City Manager or designee may, at his or her discretion, conduct a conference to further explore the merits of the dispute and to explore resolution options. Step 4. If the dispute is not resolved in either Step 3, either Party shall have the right to seek mediation of the dispute by requesting same in writing within ten (10) business days. The mediation will proceed before either a mediator with the Federal Mediation and Conciliation Service or before a mutually agreed mediator. The mediation shall be held in available facilities of the City of Denton. Step 5. If the dispute is not resolved at Step 4, the Association shall have ten (10) business days from the date of mediation to determine whether it will pursue the dispute under this article through arbitration. Under this step, the Association must deliver a letter indicating its selection for arbitration to the Department head. FINAL 9.20.06 29 Section 3. Arbitration Option The Parties have agreed that all disputes under this Agreement, which concern the application and interpretation of this Agreement, shall be submitted to final and binding arbitration, and the Parties except from this Agreement disputes involving statutory application and interpretation for rights and claims not arising under sections 142 or 143 of the Texas Local Government Code. The terms of the Agreement, and any factual issues which are determinative in applying the Agreement, shall be the sole province of the designated arbitrator, and his or her decision shall be final. However, the City has only been willing to agree to arbitration on the condition that legal issues which are determinative in any contract dispute are subject to judicial review. This additional exception to the Parties' arbitration Agreement is a narrow one, as reflected by the bargaining history. This contract represents an agreement to submit disputes to arbitration within its scope, and otherwise preserves the existing jurisdiction of Texas Courts over any contract rights and claims not exclusively committed to arbitration. The Parties have agreed that questions of law, which involve either the interpretation and application of state statutes or the application of legal principles from Texas appellate court opinions (or the failure to properly apply such legal principles or opinions) to controversies under this article shall be submitted initially to arbitration, but that either party shall have a limited right of appeal from an arbitration award in the Courts solely for the purpose of reviewing disputed issues of law. No such appeal from arbitration shall include review of any factual determinations by the arbitrator, including credibility of witnesses or weight of the evidence. If an appeal from arbitration based on erroneous application of the law is not successful, the appealing Party shall bear all costs of such appeal. If a dispute is submitted to arbitration, within seven (7) calendar days, the Department head and/or City and the Association shall select an arbitrator by alternately striking names from the Parties' pre-determined panel of six (6) qualified neutral arbitrators. The Association shall strike the first name under this article with the first dispute brought under this article. Thereafter, the first strike shall alternate between the Parties. The panel list is attached as Exhibit "A" to this Agreement. Should any panel member subsequently refuse or be unable to continue to serve on the panel, the Parties may mutually agree to his replacement from a mutually accepted list of three arbitrators. In the event the parties cannot mutually agree to a replacement, the remaining members of the panel will continue to serve for the duration of the Agreement. The arbitration should be held at the earliest available date, but may be continued for good cause shown or upon mutual agreement. The hearing shall be held in available facilities of the City of Denton and shall be conducted informally, without strict evidentiary or procedural rules. The conduct of the hearing shall be governed by the standard rules of the American Arbitration Association. The arbitrator shall consider and decide only the issue(s) in the dispute statement or submitted in writing by agreement of the Parties. The hearing shall be concluded as FINAL 9.20.06 30 expeditiously as possible and the arbitrator's written decision shall be based on a preponderance of evidence within thirty (30) days after close of the hearing. Section 4. Decision Final and Binding If arbitration is selected, the Parties specifically agree that the arbitrator's authority shall be strictly limited to interpreting and applying the explicit provisions of this Agreement. The arbitrator shall not have authority to modify the Agreement or create additional provisions not included in the Agreement. The Parties agree that neither the City nor the Association shall have ex parte communications with the arbitrator concerning any matter involved in the dispute submitted to the arbitrator. Each Party shall be responsible for its own expenses in preparing for and representing itself at arbitration, but the fees of the arbitrator shall be borne equally by the Parties. The written decision of the arbitrator shall be final and binding on both Parties and may not be appealed by either Party, except for any decision procured by fraud or collusion, or which exceeds the arbitrator's jurisdiction or which is based on legal conclusions or interpretations which are clearly contract to existing law. Section 5. Mutual Extension All deadlines within this article may be extended by mutual agreement by the Parties. Section 6. Grievances of Non-Association Members Grievances of Non-Association members must follow the same procedure outlined by this article. However, should the grievance of a Non-Association member require that Association resources be used, the Non-Association member will be required to pay all expenses incurred while pursuing final disposition of their grievance. These shall include cost for payment of Arbitrator fees, counsel fees and any other fees directly related to the grievance. All disciplinary grievances shall follow procedure as outlined in chapter 143 of Local government Code. Notwithstanding the above any non-Association member may unilaterally utilize the appeal procedures for disciplinary actions as provided under such Chapter 143. FINAL 9.20.06 31 ARTICLE 14 TERM OF AGREEMENT This Agreement shall have an effective date of October 1, 2006, and shall remain in full force and effect through September 30, 2009, and may be mutually extended by both Parties. FINAL 9.20.06 32 ARTICLE 15 SAVINGS CLAUSE, PREEMPTION PROVISION, AND COMPLETE AGREEMENT CLAUSE Section 1. Savings Clause If any provision of this Agreement is rendered invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this Agreement, which shall continue to be in full force and effect for the duration of the Agreement, and the Parties shall meet as soon as possible to agree on a substitute provision. However, if the Parties are unable to agree within thirty (30) days following commencement of the initial meeting, then the matter shall be postponed until Meet and Confer negotiations are resumed. This deadline may be extended by mutual agreement by the Parties. To this end, the provisions of this Agreement are severable. This Agreement may be amended by written mutual agreement. Section 2. Preemption Provision The provisions of this Agreement shall supercede the provisions of any statute, Executive Order, local ordinance, or rule, which are in conflict herewith, including for example and not by way of limitation, the contrary provisions of Chapter 143; Ordinances of the City of Denton, Texas; and Local Rules and Regulations of the Firefighter's Civil Service Commission for the City of Denton, Texas. This preemption provision is authorized by section 142.117 of the Texas Local Government Code, and the Parties have expressly agreed that each and every provision involving or creating such a conflict shall have the effect of superceding the statutory standard or result which would otherwise obtain, in the absence of this Agreement. This provision is of the essence to the bargain and Agreement, which has been reached. Section 3. Complete Agreement Clause The Parties agree that each has had full and unrestricted right and opportunity to make, advance and discuss all matters properly within the meet and confer process. This Agreement constitutes the full and complete Agreement of the Parties and there are no others, oral or written, except as specified in this Agreement. However, to the extent it may be shown to be necessary to go outside the four corners of the Agreement, the Negotiation History Document drafted by the Pay Subcommittee may be utilized to show the intent of the Parties. FINAL 9.20.06 33 SIGNATURE & EXECUTION PAGE THE FOREGOING INSTRUMENT AS BEEN DULY NEGOTIATED, REVIEWED, AND APPROVED BY EACH OF THE SIGNATORIES INDICATED BELOW: THE CITY OF DENTON, TEXAS (Approved by Denton City Council on _ of , 2006) By: Dated: HOWARD MARTIN INTERIM CITY MANAGER APPROVED: APPROVED AS TO FORM: ROSS CHADWICK FIRE CHIEF JERRY DRAKE DEPUTY CITY ATTORNEY THE DENTON FIRE FIGHTERS ASSOCIATION, LOCAL 1291 (Ratified by DFF A Membership on _ of , 2006). By: MIKE TUCKER PRESIDENT By: Dated: JASON S. BALLARD SECRETARY FINAL 9.20.06 34 EXHIBIT A PANEL OF ARBITRATORS Norman Bennett Otis King Francis Quinn Bill Detwiler Donald Goodman John Barnard FINAL 9.20.06 35 AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Fire Department ACM: Jon Fortune Ff SUBJECT Consider adoption of an ordinance authorizing Assignment Pay for Fire Department employees assigned to perform specialized functions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Protection Engineer Associate, Assistant Fire Marshal, Fire Recruitment Management Analyst, Emergency Management Program Manager and Fire Marshal in the Fire Department; and providing an effective date. BACKGROUND The City of Denton through the "Meet and Confer" process has reclassified several employees in the Fire Department's Fire Prevention Division and Administrative Division into Civil Service positions that perform specialized functions on a forty-hour workweek. All these classifications are highly specialized functions that demand specialized skills by those employees assigned. Chapter 143.042 (b) states that "The governing body of a municipality may authorize assignment pay for fire fighters and police officers who perform specialized functions in their respective functions." Chapter 143.042 (c) further states "The assignment pay is in an amount and is payable under conditions set by ordinance and is in addition to the regular pay received by members of the fire or police department." Assignment pay is requested for the Fire Marshal ($600 per month), Assistant Fire Marshal ($500 per month), Fire Protection Engineer Associate ($400 per month), Senior Fire Inspector ($300 per month), Fire Inspector ($300 per month), Public Education Officer ($300 per month), Emergency Management Program Manager ($500 per month), and Fire Recruitment Management Analyst ($500 per month), FISCAL INFORMATION All assignment pay will be funded through the Fire Department's current budget. Res-pe~tfully submitted, A ~ :/ :f\ 0 ~~ .... .... ~; : 0 _ :!\'Lr-.--=' _ . R~ on 0 - o . .'~ _~ ~ 0 ~ Ross Chadwick Fire Chief S:\Our Doaunents\Ordinances\06\fire assignment pay.doc ORDINANCE NO~ AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT E1\1PLOYEES ASSIGNED TO PERFORM SPECIALIZED FlJ'NCTIONS OF PUBLIC EDUCATION OFFICER, FlRE INSPECTOR, SENIOR FIRE INSPECTOR~ FIRE PROTECTION ENGINEER ASSOCIATE, ASSISTANT FIRE MARSHAL, FIRE RE,CRUITMENT MANAGEMENT ANALYST, EMERGENCY MANAGEMENT PROGRAM MANAGER, AND FIRE MARSHAL IN THE FIRE DEPARTMENT; AND PROVIDING AN EFFECTNE DATE. WHEREAS, Section 143.042 of the Local Government Code authorizes a municipality to pay assigmnent pay which is in an amount and. is payable under conditions set by ordinance; and WHEREAS, the City of Denton .and the Denton Fire Fighters Association have entered into a Meet and Confer Agreement whereby those employees of the Fire Department who are assigned to perform the specialized functions of Public Education Officer, Fire Inspector, Senior Fire Inspector, Fire Protection Engineer Associate~ Assistant Fire Marshal, Fire Recruitment Management Analyst, Emergency Management Program .Manager, and Fire Marshal should receive assignment pay; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 ~ The Fire Department employees who are assigned to perform the specialized duties of Public Education Officer, Fire Inspector, and Senior Fire Inspector shall receive assignment pay of three hundred dollars ($300.00) per month in addition to the regular monthly salary for their classification in the Fire Department. SECTION 2~ The Fire Department employees who are assigned to perform the specialized duties of Fire Protection Engineer Associate shall receive assignment pay of four . hundred dollars ($400~OO) per month in addition to the regular monthly salary for their classification in the Fire Department. SECTION 3. The Fire Department employees who are assigned to perform the specialized duties of Assistant Fire Marshal, Fire Recruitment Management Analyst, and Emergency Management Program Manager shall receive assignment pay of five hundred dollars ($500~OO) per month in addition to the regular monthly salary for their classification in the Fire Department SECTION 4~ The Fire Department employees who are assigned to perform the specialized duties of Fire Marshal shall receive assignment pay of six hundred dollars ($600.00) per month in addition to the regular monthly salary for their classification in the Fire Department. SECTION 5. This ordinance shall bepome effective immediately upon its passage and approval. ..~._c;: ._, - . -. ... - -. ._, ..~. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY: BY: APPROVED AS TO LEGAL FORM: EDWIN M~ ORNEY Page 2 day of , 2006. PERRY R~ ~NEILL, MAYOR .". ..:b.1~.:....:...:-..:..r;~:tN::..~ :~~,. ..-: ~I..: . ~".':..~~';"~:..:.:=-.)-":"'':-:''--':.-:~:I~~i;.._ -" -" -:..:~_.._....-~~':-:rrr .......-=F-~~:;.:.~-r::-~~~~-.~...~-.:::...~~:::.._:::-.:.:~.,i!...~:.~~.-..-~..~:...~. -_.'::...i:...;i'-..::~::~;d.-::,':.~::,~~:::::j;,,~":"" . .:':'--'I-~ .:... ...~ ;.~.",:",-, ..... ...~~~:""'-"=':;':'''':+':-...:~'':':~.z..:~..;:::-': :-_~. ,:,,:,-Z::::~';':':_:.~~;')K:;:'~~"":~ "::.i.-:.:-~. . ....~.lJ..:.~..~.: ..: AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas, authorizing a one percent increase to the rate of the contribution to the City of Denton Fire Fighters Relief and Retirement Fund by the City; and establishing an effective date for the ordinance. BACKGROUND The City entered into meet and confer negotiations with the Denton Fire Fighters Association in April 2006. Through the meet and confer process, article agreements were reached between the City and the Fire Fighters Association on a range of issues. One article agreement of the meet and confer contract provided an increase of the City's contribution rate to the Fire Fighters Retirement System. The increase is proposed in FY 2006-07 to be one (1) percent (11 percent from 1 0 percent), and in FY 2007-08 at one (1) percent (12 percent from 11 percent). In FY 2008-09, any remaining increase will be applied, however, the City's contribution level will not exceed the City's actuarial contribution rate to the Texas Municipal Retirement System. FISCAL INFORMATION Approved contribution rate increases will be programmed into the budget and five-year forecast. The FY 2006-07 one (1) percent increase will be approximately $95,000. EXHIBITS 1. Meet and Confer contract article agreement for increase to fire pension 2. Ordinance Respectfully Submitted: '*" ~ :J. no ~ :--h~~.~-" , .: ... ";,: ~~.-: Jon Fortune Assistant City Manager Denton City Proposal (Fire) 07.20.06 ARTICLE PENSION For each year of the Agreement, the City shall increase its contribution toward the Firemen's Retirement and Relief Fund by at least 1% as of the date of the new fiscal year; however, the City's contribution level toward the Fireman's Retirement and Relief Fund under this article shall not exceed the City's actuarial contribution rate to the Texas Municipal Retirement System. CI 7-;10--to DATE A~ ASSO IA TI S; \Our Documents\Ordinances\06\fIre pension. doc ORDINANCE NO~ AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING A ONE PERCENT INCREASE TO THE RATE OF CONTRIBUTION TO THE. DENTON FIRE FIGHTERS RELIEF AND RETIREMENT FUND BY THE CITY; AND ESTABLISHING AN .EFFECTIVE DA TE~ WHEREAS, the City of Denton and the Denton Fire Fighters Association have entered into a Meet and Confer Agreement, whereby the City agreed to increase its contribution toward the Denton Fire Fighters Relief and Retirement Fund by at least 1 % in the current fiscal year 2006-2007, and in subsequent years, but not to exceed the City's actuarial contribution rate to employees participating.in the- Texas Municipal Retirement System; and WHEREAS, the change of the employer contribution requires approval by ordinance (Tex~ Rev. Civ. Stat. Ann. art. 6243, Sec~ 29(b)); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1 ~ The rate of contribution to the Denton Fire Fighters Relief and Retirement Fund by the City of Denton is hereby increased to the rate of 11 % of the total compensation paid to participating employees. SECTION 2~ Subject to approval by the Board of Trustees of the Fund, this ordinance shall be and become effective on the _ day of , 2006. PASSED AND APPROVED this the day of , 2006. PERRY R. ~NEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. SNYD Y AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: Fire Department ACM: Jon Fortune Ff SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas, amending Ordinance No. 2006-019, prescribing the number of positions in each classification of police officer; prescribing the number of positions in each classification of fire fighter; providing a repealer 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. 2006-019) on January 17,2006, the Fire Department and Police Department have made changes in their authorized Civil Service positions in the adopted FY 2006-07 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. Police Deoartment: City Ordinance 2006-019 prescribes a total of 148 authorized positions for the Police Department. Five (5) additional Police Officer positions have been funded in the FY 2006-07 budget, bringing the total current number of authorized positions for the Police Department to 153. Below are the proposed Police Department number changes to Ordinance No. 2006-019, which the City Council approved on January 17,2006. Chief of Police Captain Lieutenant Sergeant Police Officer (and Recruits) TOTALS 1 3 7 16 121 148 CLASSIFICATION #2006-019 NUMBERS Agenda Information Sheet September 26, 2006 Page 2 Fire Deoartment: Below are the proposed Fire Department number changes to Ordinance No. 2006-019, which the City Council approved on January 17, 2006. Through the "Meet and Confer" process eight (8) civilian positions were reclassified to Civil Service positions, increasing the total authorized Fire Department Civil Service positions to 157 with no new FTEs. CLASSIFICATION #2006-019 New 2006 NUMBERS NUMBERS Fire Chief 1 1 Deputy Fire Chief 1 1 Fire Marshal 0 1 Battalion Chief-Operations 5 5 Battalion Chief-Information Services 1 1 Assistant Fire Marshal 0 1 Deputy Fire Marshal (vacant) 0 0 Emergency Management Program Manager 0 1 Fire Recruitment Management Analyst 0 1 Captain 26 26 Fire Protection Engineer Associate 0 1 Fire Protection Specialist (vacant) 0 0 Driver 39 39 Fire Inspector Specialist (vacant) 0 0 Senior Fire Inspector 0 1 Fire Inspector 0 1 Public Education Officer 0 1 Firefighter (and Recruits) 76 76 TOTALS 149 157 FISCAL INFORMATION There will be no additional fiscal impact due to the fact that all proposed changes have been funded in the approved FY 2006-07 budget. If you have any questions, please call Police Chief Charles Wiley or Fire Chief Chadwick. Prel?a~ed by: A ~ :/ :f\ 0 ~~ .... .... ~; : . ~ ~u-.--:.te. _ _oR~ on 0 - :-; Ross Chadwick Fire Department s: \OUT Documents\Ordinances\06\position ordinance 2. doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2006-019, PRESCRIBING THE NUMBER Q.F POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDING A REPEALER CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on January 17, 2006, the City Council passed Ordinance No.. 2006-019, adopting and approving a schedule of Authorized Positions which relates to compensation and . classification of police officers and fire fighters; and WHEREAS, since the passage of Ordinance No. 2006-019, the Police Department and Fire Department have deterinined that this ordinance needs to be amended to more correctly reflect the total number of Police Department and Fire Department positions; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SE.CTION 1. Ordinance No. 2006-019 is hereby amended by adopting a schedule prescribing the number of positions for each classification of police officer and fire fighter in the City of Denton, attached hereto and incorporated by reference herein as Exhibit. "A", and same is hereby approved. SECTION 2. Ordinance No.. 2006-019 and all prior ordinances or resolutions of the City of Denton, Texas, in conflict herewith are repealed to the extent of any such conflict.. SECTION 3. This ordinance shall bepome effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2006. PERRY R. ~NEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY,': BY:. APPROVED AS TO LEGAL FORM: EDWINM~ SNYDE ATTORNEY / / 2 ""...iJ~.":'-';""'r..- ..i..:".,j,.::.:....... ).........:.: . .. . . .. ~. ... ....~~ ._.... ":.J.-. "..::. -. . . . - .. ....... . .... . ~ ... .. -:..-:...:.... ......::;.." - -. ~~ ,^,.~- :.:.:.... -~ ........ .". -~~. . ....... -. - I..~. . . ::.c:-.'c:':""; .,' ',. ,.~ ,.-....>.. '""'*'-.., ~.., -';.'.'.'..-.' .--.,~,. ,.~.,',. '_."-"":"~':"":.'.' ,~",,':"....', ..... EXHIBIT A CITY OF DENTON SCHEDULE OF AUTHORIZED POSITIONS POLICE DEPARTMENT The. Police Department is authorized 153 positions as follows: Chief of Police Captain Lieutenant Sergeant Police Officer (and Recruits) TOTAL 1 3 7 16 126 153 FIRE DEPARTMENT The Fire Department is authorized 157 positions as follows: Fire Chief 1 Deputy Fire Chief 1 Fire Marshal 1 Battalion Chief-Operations 5 Battalion Chief-Information Services 1 Assistant Fire Marshal . 1 Deputy Fire Marshal 0 Emergency Management Program Manager 1 Fire Recruitment Management Analyst 1 Captain 26 Fire Protection Engineer Associate 1 Fire Protection Specialist 0 Driv~ 39 Fire Inspector Specialist 0 Senior Fire Inspector 1 Fire Inspector 1 Public Education Officer 1 Fire Fighter (and Recruits) 76 TOTAL 157 3 . . . . II.. I~ .:. . ~ . ~ i.....:_:.~:.:....:.. ..~ . ..... "..-_ .... ..;.~.: ~. .:.;. -.i.:. i....~.;:,..;...~~.ji..;;;.. ...~.:.....:.:. .'-"-~~.. .-=.~:.i.. ~ ..... ..~:.':~i. ~iiiii.:..:.:. . ...;..... ':...::.:~.:-=~..~~: ._"N.::"~..~"~';:~.."~.'~_~. .........JI'.-r-.... : ... ':1,...:../:......; ~I:::':~.:.;.,:'" i.i.~:.. _.: ..':"r~~. .:.........:..:..:.. ...-..:.~> ..:.~:.:...:.;..:.~...... .. .:":'7 ..:-_~:..... .:.::.....f.;.-:.~:...~..'1:::.~.:...~:..;:i:.,..r" :':.i:I.~.~.:f""~.::i,... h" ~.. : . ~~i..~ AGENDA INFORMATION SHEET AGENDA DATE: September 26,2006 DEPARTMENT: City Manager's Office CM: Howard Martin, Interim City Manager SUBJECT Consider nominations/appointments to the City's Boards and Commissions. BACKGROUND Larry Luce has resigned from the Airport Advisory Board. This is a nomination from Mayor McN eill. If you require any further information, please let me know. Respectfully submitted: Jennifer Walters City Secretary S : \Agenda Items\Board-Commission vacancies.doc