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HomeMy WebLinkAboutSeptember 25, 2007 Agenda AGENDA CITY OF DENTON CITY COUNCIL September 25, 2007 After determining that a quorum is present, the City Council of the City of Denton, Texas will 6:00 p.m. convene in a Special Called Work Session on Tuesday, September 25, 2007 at in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1.Requests for clarification of consent agenda items listed on the consent agendas for today's City Council regular meeting of September 25, 2007. NOTE: 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, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. However, the Council reserves the right to take action at the meeting regarding any item on the agenda. Special Called Regular Meeting of the City of Denton City Council on Tuesday, September 25, 2007 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 state under God, one and indivisible.” 2.PROCLAMATIONS/PRESENTATIONS A.Consider approval of a resolution of the City Council of the City of Denton, Texas, formally accepting the donation of a Framed Piece of Kuba Cloth from Alford Green, Jr.; and providing an effective date. 3. BUDGET ITEMS FOR CONSIDERATION A. 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, 2007 and ending on September 30, 2008; 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 2007, on all taxable property within the corporate limits of the city on January 1, 2007, 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 2007 Tax Rolls; and providing an effective date. City of Denton City Council Agenda September 25, 2007 Page 2 4. BUDGET CONSENT AGENDA Budget Consent Agenda Items A–Z are items that support the proposed 2007-2008 budget and have been previously considered in budget work sessions. Approval of the Budget Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the recommendation. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Budget Consent Agenda Items A-Z may be approved with one motion. A. Consider adoption of an ordinance amending the schedule of water rates contained in Ordinance No. 2006-260 for water service rates and water rates; amending the Residential Water Service (SCHEDULE WR); 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); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval 4-0. B. Consider adoption of an ordinance amending the schedule of wastewater rates contained in Ordinance No. 2006-261 for Wastewater Service; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval 4-0. C.Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates contained in Ordinance No. 2006-265 for electric service; amending non standard street lighting (SCHEDULE DSL); providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval 4-0. D.Consider adoption of an ordinance of the City of Denton, Texas amending the schedule of rates for solid waste service contained in Ordinance Number 2006- 262 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; providing for the pass-through of other additional fees or charges which may be charged by any other governmental entity (SCHEDULES SWR, SWC); amending the time for billing to either monthly or quarterly bills (SCHEDULES SWP, SWRR AND MFR), upon the discretion of the Director of Solid Waste; amending the time for billing to either monthly or bi-weekly bills (SCHEDULES SWC, SWCR, AND SWL), upon the discretion of the Director of Solid Waste; amending the residential recycling rate and the minimum billing amount (SCHEDULE SWRR); providing for the collection of solid waste from non-city owned containers that have City permits affixed; providing that commercial cart service shall require that containers be set out prior to 7 a.m. on the scheduled collection day; providing for the manual pick- up of solid waste where customers on commercial cart service where fully- automated collection cannot be provided with an additional charge per month for providing manual service; providing that an annual non-city owned refuse City of Denton City Council Agenda September 25, 2007 Page 3 container permit fee be established (SCHEDULES SWC AND SWP); providing for various commercial recycling rates (SCHEDULE SWCR); providing for a repealer; providing for a severability clause; and providing an effective date. The Public Utilities Board recommends approval (4-0). E.Consider adoption of an ordinance of the City of Denton, Texas providing for the schedule of fees, deposits, billings and procedures for administrative miscellaneous services to City utilities customers contained in Ordinance No. 2006-263; providing for a repealer; providing for a severability clause; and providing for an effective date. The Public Utilities Board recommends approval (4-0). F. 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 DEVELOPMENT constructed by developers, related to private ; providing for the superseding of ordinances in conflict with this ordinance; providing an effective date. G.Consider approval of a resolution reviewing and adopting the Investment Policy for funds for the City of Denton; designating an investment officer; providing a savings and a repealing clause; and providing an effective date. The Investment Committee recommends approval (5-0). H.Consider adoption of an ordinance authorizing the City Manager to execute an between the City of Denton and the Central Business District agreement Association of Denton, Texas, d/b/a Denton Main Street Association for the payment and use of hotel tax revenue in the amount of approximately $40,850; and providing an effective date. I.Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue in the amount of approximately $11,000; and providing an effective date. J.Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce for the payment and use of hotel tax revenue in the amount of approximately $18,000; and providing an effective date. K.Consider adoption of an ordinance authorizing the City Manager 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 in the amount of approximately $699,500; and providing an effective date. L.Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue in the amount of approximately $25,000; and providing an effective date. City of Denton City Council Agenda September 25, 2007 Page 4 M.Consider adoption of an ordinance authorizing the City Manager to execute an interlocal agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in the amount of approximately $106,550 in support of the Courthouse-on-the-Square, the Bayless-Selby House and the African American Museums; and providing an effective date. N.Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue in the amount of approximately $90,000; and providing an effective date. O.Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue in the amount of approximately $8,300; and provide an effective date. P.Consider adoption of an ordinance authorizing the City Manager to execute an interlocal agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue in the amount of approximately $128,000 to promote tourism and the convention and hotel industry; and providing an effective date. Q.Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Historical Park Foundation of Denton County, Inc. for the payment and use of hotel tax revenue in the amount of approximately $9,000; and providing an effective date. R.Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association for the payment and use of hotel tax revenue in the amount of approximately $80,000; and providing an effective date. S.Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue in the amount of approximately $55,000; and providing an effective date. T.Consider adoption of an ordinance approving the expenditure of funds for the purchase of a Component Enterprise Agreement with the Microsoft Corporation to obtain licensing for the use of the Microsoft SoftGrid software package as approved by the State of Texas Building and Procurement Commission Department of Information Resources (DIR) under #DIR-SDD-198; providing for the expenditure of funds therefor; and providing an effective date (File 3872– Purchase of Component Enterprise Agreement awarded to SHI-Government Solutions in the amount of $63,450.00, the first of three payments, for a total 3- year licensing agreement in the amount of $190,350.00). City of Denton City Council Agenda September 25, 2007 Page 5 U.Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for the Harris Public Utility Billing System and associated software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 3866–Purchase of Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems, Inc. in the amount of $76,503.24, the first of three payments, for a total 3-year maintenance agreement not to exceed a 6.5 % increase per year for a total of $244,751.00). V.Consider adoption of an ordinance approving the expenditure of funds for the purchase of Evision, a product upgrade for the Tele-Works System, along with continued vendor support of the Tele-Works System and associated hardware and software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 3869–Purchase of Evision upgrade for the Tele-Works System awarded to Tele-Works, Inc., in the amount of $95,625.00). W.Consider adoption of an ordinance awarding a contract for the purchase of continued software maintenance and services for the LaserFiche-DocuNav Document Imaging System currently being used by the City of Denton from VP Imaging available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids providing for the expenditure of funds therefor; and providing an effective date (File 3876– Purchase of Annual Maintenance for LaserFiche-DocuNav Document Imaging System awarded to VP Imaging, in the amount of $47,354.80, the first of three payments, for a total 3-year maintenance agreement in the amount of $142,064.44). X.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) and Enhanced Data rates for GSM Evolution (EDGE) 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; providing the expenditure of funds therefor; and providing an effective date (File 3878–Purchase of Annual Service Access and Support for General Packet Radio Services (GPRS) and Enhanced Data rates for GSM Evolution (EDGE) awarded to AT&T Mobility in the amount of $119,016.60). Y.Consider adoption of an ordinance approving the expenditure of funds for the purchase of annual maintenance for the 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; providing for the expenditure of funds therefor; and providing an effective date (File 3879–Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $156,427.88). City of Denton City Council Agenda September 25, 2007 Page 6 Z.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. 5. ITEMS FOR INDIVIDUAL CONSIDERATION A.New Business This item provides a section for Council Members to suggest items for future agendas, request information from the City Manager, and/or make announcements of public interest. B.City Manager’s Report C.Possible Continuation of Closed Meeting under Sections 551.071-551.086 of the Texas Open Meetings Act. D.Official Action on Closed Meeting Item(s) under Sections 551.071-551.086 of the Texas Open Meetings Act. C E R T I F I C A T E 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 ___________________, 2007 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 25, 2007 DEPARTMENT: Finance 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, 2007 and ending on September 30, 2008 and declaring an effective date. BACKGROUND Please find attached an Ordinance to adopt the 2007-08 Budget as directed by City Council. A workshop to present the details of the budget to the City Council was conducted on July 25, 2007, and the City Council received the 2007-08 Proposed Budget on July 31, 2007. The required Public Hearing on the 2007-08 Proposed Budget was conducted on September 11, 2007. The tax rate used to balance the General Fund budget is $0.66652 per $100 valuation. A copy of public libraries since July 31, 2007. FISCAL INFORMATION The total 2007-08 budget is listed below: General Fund $ 82,766,764 Electric Fund 189,311,524 Water Fund 42,226,684 Wastewater Fund 24,447,604 Solid Waste Fund 17,138,886 Technology Services Fund 7,070,124 Materials Management Fund 7,155,289 Fleet Services Fund 7,605,379 Recreation Fund 1,276,824 Tourist & Convention Fund 1,411,354 Risk Retention Fund 2,337,568 Health Insurance Fund 14,433,009 Police Confiscation Fund 198,220 General Debt Service Fund 17,331,763 Total $414,710,992 Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 2007, on all taxable property within the corporate limits of the city on January 1, 2007, 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 2007. The proposed rate of $0.66652 per $100 valuation is used to balance the FY2007-08 Budget and represents an increase of $0.04 over the existing tax rate. The increase is necessary to fund existing general obligation debt that was authorized in the 2005 bond program and a new $7,065,000 planned certificate of obligation debt issuance for various drainage improvements. PRIOR ACTION/REVIEW A workshop to present the details of the budget to the City Council was conducted on July 25, 2007 and the 2007-08 Proposed Budget was submitted to City Council on July 31, 2007. Public Hearings on this tax rate were held during the September 11, and September 18, 2007, City Council meetings. The proposed tax rate is included in the Proposed 2007-08 Annual Program of Services. FISCAL INFORMATION The proposed property tax rate should generate $40,587,734 of which $27,259,646 is budgeted to support General Fund services and $13,328,088 is budgeted for debt service. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Finance ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance of the City of Denton, Texas, approving the 2007 Tax Rolls; and providing an effective date. BACKGROUND Please find attached an Ordinance to approve the 2007 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 2007 Certified Appraisal Roll (excluding property under protest) and applying the 2007 adopted tax rate. The anticipated collection rate is 100%. FISCAL INFORMATION The approval of the tax roll will enable the County to mail tax bills in October 2007. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: UtilitiesAdministration ACM: Howard Martin, 349-8232 SUBJECT Consider recommending approval of the Water, Wastewater, Electric, Solid Waste Rate and Engineering and Miscellaneous Fees Ordinances for FY 2007-08. (The Public Utilities Board recommends approval 4-0) BACKGROUND Proposed FY 2007-08 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 July 25th budget workshop and are scheduled for adoption on September 25, 2007. 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 2007-08 budget and FY 2008-12 CIP. As part of the Water budget discussions the Water department staff recommended and received approval for a 3% rate revenue increase ($750,000). SUMMARY The various, Water, Wastewater and Solid Waste 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 Applying an across the board increase is the simplest way to achieve the necessary 3% rate revenue increase; however, this continues to widen the differential between the facility charges in the residential and commercial rate classes on similar size meters. Several Council and Board members have expressed concerns over this differential. The water rate adjustments staff recommends will reduce the differential between the facility charges in the residential and commercial rate classes on water meters from 3/4” to 2”. Staff is recommending that we begin narrowing this gap and that the rate study to be performed in FY09 will include an analysis of this issue. To reduce the differential between the two rate classes staff is recommending increasing the residential facility charges and lowering the commercial facility charges. The above rate increases, based on normal volumes, create a 3% rate revenue increase. A residential customer using an average of 8,500 gallons would incur the following monthly charges based on the proposed rate increased. Current Proposed $31.65 $32.73($1.08 increase) Residential customers inside the city limits including irrigation: Current Proposed Facility Charge 3/4” meter $ 9.55 $ 9.95 1” meter $11.40 $12.95 1-1/2” meter $16.25 $16.60 2” meter $18.10 $18.90 Volume Charge –residential customers Winter rate/1,000 gallons (all volumes) $ 2.60 $ 2.68 Summer Volumes 0-15,000 gallons $ 2.60 $ 2.68 15,001-30,000 gallons $ 3.60 $ 3.70 30,001-50,000 gallons $ 4.60 $ 4.70 50,000 + $ 5.00 $ 5.10 Volume Charge-irrigation Winter rate/1,000 gallons (all volumes) $ 2.60 $ 2.68 Summer Volumes 0-15,000 gallons $ 3.60 $ 3.70 15,001-30,000 gallons $ 4.60 $ 4.70 30,001-50,000 gallons $ 5.00 $ 5.10 Residential customers outside the city limits including irrigation: Facility Charge 3/4” meter $11.00 $11.45 1” meter $13.10 $14.90 1-1/2” meter $18.65 $19.10 2” meter $20.80 $21.75 Volume Charge –residential customers Winter rate/1,000 gallons (all volumes) $ 3.00 $ 3.08 Summer Volumes 0-15,000 gallons $ 3.00 $ 3.08 15,001-30,000 gallons $ 4.15 $ 4.26 30,001-50,000 gallons $ 5.30 $ 5.41 50,000 + $ 5.75 $ 5.87 Volume Charge-irrigation Winter rate/1,000 gallons (all volumes) $ 3.00 $ 3.08 Summer Volumes 0-15,000 gallons $ 4.15 $ 4.26 5,001-30,000 gallons $ 5.30 $ 5.41 30,001-50,000 gallons $ 5.75 $ 5.87 Commercial customers inside city limits Facility Charge 3/4” meter $ 20.20 $ 18.40 1” meter $ 22.20 $ 21.30 1-1/2” meter $ 25.75 $ 25.30 2” meter $ 31.65 $ 32.60 3” meter $ 66.25 $ 68.24 4” meter $122.50 $126.20 6” meter $153.00 $157.60 8” meter $178.00 $183.34 10” meter $214.00 $220.42 Volume Charge Volume Charge-non irrigation/1,000 gals $ 2.87 $ 2.96 Volume Charge-irrigation Winter $ 2.87 $ 2.96 Summer $ 3.45 $ 3.56 Commercial customers outside city limits Facility Charge 3/4” meter $ 21.50 $ 19.90 1” meter $ 23.50 $ 23.00 1-1/2” meter $ 29.60 $ 27.32 2” meter $ 34.50 $ 35.20 3” meter $ 75.00 $ 78.50 4” meter $141.00 $145.10 6” meter $176.00 $181.25 8” meter $205.00 $210.85 10” meter $247.00 $253.50 Volume Charge Volume Charge-non irrigation/1,000 gals $ 3.25 $ 3.35 Volume Charge-irrigation Winter $ 3.30 $ 3.35 Summer $ 3.95 $ 4.01 Increased Drought Stage 3 & 4 rates according to Drought Contingency Plan guidelines. Increased metered water from fire hydrant Facility Charge $ 66.25 $ 68.24 Volume Charge $ 3.33 $ 3.45 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 $0.3731/1,000 gallons, a decrease of 14.4% from the existing rate of $0.4360/1,000 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 $0.3706/1,000 gallons to $0.3171/1,000 gallons. This rate is determined by the terms of the raw water contract between Denton and UTRWD. 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 $0.0221/1,000 gallons to $.0277/1,000 gallons. The rate adjustment is determined by the consumer price index, which as of June 30, 2007 is 2.7% over the same period last year. WASTEWATER RATE RECOMMENDATIONS There are no proposed changes for the Wastewater Rate Ordinance for FY 2007-08. ELECTRIC RATE RECOMMENDATIONS Schedule DSL – Change the description of Decorative Street Lighting to Non Standard Street Lighting to more clearly define the service provided. SOLID WASTE RATE RECOMMENDATIONS Add billing options for residential, multi-family, commercial, and landfill customers. The options are being added for the benefit of solid waste to potentially reduce billing cost. The options are based on industry standards. If the options are instituted it would be for all customers in each class and not based on request of the customer. Staff is not recommending changing the billing cycle at this time, but requesting the option be included in the ordinance. Current Proposed Residential monthly monthly or quarterly Multi-family monthly monthly or quarterly Commercial monthly monthly or biweekly Landfill monthly monthly or biweekly Increase residential recycling from $3.50 to $4.00/monthly bill. Add specific rates for commercial recycling services City of Denton Municipal Building Collections: Cart – Curb collection $17.25 per bill Cart – Building collection $19.25 per bill Recycling Container Delivery: Front Load $75.00 each Roll-Off $90.00 each Commercial Collections: 8 CY – 1 x week $99.00 per bill 8 CY – 1 x every two weeks or less $89.00 per bill 8 CY – Extra empty (per container) $99.00 each 6 CY – 1 x week $82.00 per bill 6 CY – 1 x every two weeks or less $72.00 per bill 6 CY – Extra empty (per container) $82.00 each Small Business Curbside Recycling $4.00 per bill Demand Response (Temporary) - 8 CY: Rental $30.00 per bill Service (While on route) $27.50 each Roll-Off Recycling * – 30 CY: Rental $100.00 per bill Service (per collection) $250.00 per bill * Possible revenue sharing opportunity with commercial entity Special Events Recycling: Small Events – 10 collapsible, portable receptacles $49.00 for each 10 receptacles, per event Dumpster Package – 1 x 8 CY dumpster service, plus 10 collapsible, portable receptacles $99.00 per event Dumpster Package – Extra 8 CY empty $99.00 each MISCELLANEOUS RATE RECOMMENDATIONS There are no proposed changes to the Miscellaneous Fees, Charges, and Deposits Ordinance for FY 2007-08. ENGINEERING FEES RECOMMENDATIONS There are no proposed changes to the Engineering Fees Ordinance for FY 2007-08. 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 2007-08 Water Rate Ordinance 2. FY 2007-08 Wastewater Rate Ordinance 3. FY 2007-08 Electric Rate Ordinance 4.FY 2007-08 Solid Waste Rate Ordinance 5. FY 2007-08 Miscellaneous Fees, Charges, and Deposits Schedule 6. FY 2007-08 Engineering Fees Ordinance 7. PUB Meeting Minutes Respectfully submitted by: Jim Coulter, Director Water Wastewater Utilities Vance Kemler, Director Solid Waste Sharon Mays, General Manager DME Û¨¸·¾·¬ ï ORDINANCE NO. 2007-__________ AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN ORDINANCE NO. 2006-260 FOR WATER SERVICE RATES AND WATER RATES; AMENDING THE RESIDENTIAL WATER SERVICE (SCHEDULE WR); 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); 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 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 PAGE WR Residential Water Service 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 RESIDENTIAL WATER SERVICE (Effective 10/01/07) APPLICATION 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 (WR) of the City of Denton, Texas. 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, (WRO) Texas with or without wastewater service. Applicable where the metered water is used for domestic purposes and is not returned to the (WRN) wastewater system for collection and treatment. Applicable where the metered water is used for landscape irrigation purposes and is not returned to (WRI) the wastewater system for collection and treatment. 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 (WRIO) treatment. Not applicable to resale, temporary, standby, or supplementary service except in conjunction with applicable rider. (WR) MONTHLY RATE – RESIDENTIAL WATER SERVICE; (WRN) AND MONTHLY RATE – METERED WATER NOT RETURNED TO WASTEWATER SYSTEM FOR COLLECTION AND TREATMENT (1) Facility Charge Per Bill 3/4" Meter $ 9.95 1" Meter $12.95 1-1/2" Meter $16.60 2" Meter $18.90 2 (2) Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $2.68 $2.68 15,001-30,000 gals $2.68 $3.70 30,001-50,000 gals $2.68 $4.70 Over 50,000 gals $2.68 $5.10 (WRO) MONTHLY RATES – WATER SERVICE OUTSIDE CORPORATE LIMITS MONTHLY RATE (1) Facility Charge Per Bill 3/4" Meter $11.45 1" Meter $14.90 1-1/2" Meter $19.10 2" Meter $21.75 (2) Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTER SUMMER Billing months Billing months NOV through APRIL MAY through OCT 0-15,000 gals $3.08 $3.08 15,001-30,000 gals $3.08 $4.26 30,001-50,000 gals $3.08 $5.41 Over 50,000 gals $3.08 $5.87 (WRI) MONTHLY RATES – METERED WATER SERVICE FOR IRRIGATION MONTHLY RATE (1) Facility Charge Per Bill 3/4" Meter $ 9.95 1" Meter $12.95 1-1/2" Meter $16.60 2" Meter $18.90 3 (2) Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTER SUMMER Billing months Billing months NOV through APRIL MAY through OCT 0-15,000 gals $2.68 $3.70 15,001-30,000 gals $2.68 $4.70 Over 30,000 gals $2.68 $5.10 (WRIO) MONTHLY RATES – METERED WATER SERVICE FOR IRRIGATION MONTHLY RATE (1) Facility Charge Per Bill 3/4" Meter $11.45 1" Meter $14.90 1-1/2" Meter $19.10 2" Meter $21.75 (2) Volume Charge Rate Per 1,000 Gallons RATE BLOCK PER 30 DAYS WINTER SUMMER Billing months Billing months NOV through APRIL MAY through OCT 0-15,000 gals $3.08 $4.26 15,001-30,000 gals $3.08 $5.41 Over 30,000 gals $3.08 $5.87 MINIMUM BILLING Facility Charge. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. 4 VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons in rate block rate per 1,000 gal. in rate block 1,000 gallons RETAIL WATER RATES UNDER DROUGHT CONTINGENCY PLAN 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 UNDER DROUGHT CONTINGENCY PLAN WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $2.68 $2.68 15,001-30,000 gals $2.68 $3.70 30,001-50,000 gals $2.68 $5.64 Over 50,000 gals $2.68 $6.12 STAGE 3 WRO RATE BLOCKS PER THIRTY (30) DAYS UNDER DROUGHT CONTINGENCY PLAN WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $3.08 $3.08 15,001-30,000 gals $3.08 $4.26 30,001-50,000 gals $3.08 $6.49 Over 50,000 gals $3.08 $7.04 5 STAGE 3 WRI RATE BLOCKS PER THIRTY (30) DAYS UNDER DROUGHT CONTINGENCY PLAN WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $2.68 $3.70 15,001-30,000 gals $2.68 $4.70 Over 30,000 gals $2.68 $6.12 STAGE 3 WRIO RATE BLOCKS PER THIRTY (30) DAYS UNDER DROUGHT CONTINGENCY PLAN WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $3.08 $4.26 15,001-30,000 gals $3.08 $5.41 Over 30,000 gals $3.08 $7.04 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 UNDER DROUGHT CONTINGENCY PLAN WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $2.68 $2.68 15,001-30,000 gals $2.68 $4.44 30,001-50,000 gals $2.68 $5.64 Over 50,000 gals $2.68 $6.12 6 STAGE 4 WRO RATE BLOCKS PER THIRTY (30) DAYS UNDER DROUGHT CONTINGENCY PLAN WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $3.08 $3.08 15,001-30,000 gals $3.08 $5.11 30,001-50,000 gals $3.08 $6.49 Over 50,000 gals $3.08 $7.04 STAGE 4 WRI RATE BLOCKS PER THIRTY (30) DAYS UNDER DROUGHT CONTINGENCY PLAN WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $2.68 $4.44 15,001-30,000 gals $2.68 $5.64 Over 30,000 gals $2.68 $6.12 STAGE 4 WRIO RATE BLOCKS PER THIRTY (30) DAYS UNDER DROUGHT CONTINGENCY PLAN WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $3.08 $5.11 15,001-30,000 gals $3.08 $6.49 Over 30,000 gals $3.08 $7.04 7 SCHEDULE WC COMMERCIAL/INDUSTRIAL WATER SERVICE RATE (Effective 10/01/07) APPLICATION Applicable to all commercial and industrial users, or other water users not otherwise classified under (WC) this ordinance, for all water provided at one point of delivery and measured through one meter. 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 (WCO) point of delivery and measured through one meter, with or without wastewater service. Applicable where the metered water is used for commercial purposes and is not returned to the (WCN) wastewater system for collection and treatment. Applicable where metered water is used for landscape irrigation purposes and is not returned to the (WCI) wastewater system for collection and treatment. 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 (WCIO) treatment. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. (WC)(WCN) MONTHLY RATE and (1) Facility Charge Per Bill 3/4" Meter $18.40 l" Meter $21.30 l-l/2" Meter $25.30 2" Meter $32.60 3" Meter $68.24 4" Meter $126.20 6" Meter $157.60 8" Meter $183.34 10" Meter $220.42 (2) Volume Charge $2.96 per 1,000 gallons 8 (WCO) MONTHLY RATE – OUTSIDE CORPORATE LIMITS (1) Facility Charge Per Bill 3/4" Meter $19.90 1" Meter $23.00 1-1/2" Meter $27.32 2" Meter $35.20 3" Meter $78.50 4" Meter $145.10 6" Meter $181.25 8" Meter $210.85 10" Meter $253.50 (2) Volume Charge $3.35 per 1,000 gallons (WCI) - MONTHLY RATE IRRIGATION (1) Facility Charge Per Bill 3/4" Meter $18.40 l" Meter $21.30 l-l/2" Meter $25.30 2" Meter $32.60 3" Meter $68.24 4" Meter $126.20 6" Meter $157.60 8" Meter $183.34 10" Meter $220.42 (2) Volume Charge Rate Per 1,000 Gallons WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. $2.96 $3.56 9 (WCIO) - MONTHLY RATE IRRIGATION (1) Facility Charge Per Bill 3/4" Meter $19.90 l" Meter $23.00 l-l/2" Meter $27.32 2" Meter $35.20 3" Meter $78.50 4" Meter $145.10 6" Meter $181.25 8" Meter $210.85 10" Meter $253.50 (2) Volume Charge Rate Per 1,000 Gallons WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. $3.35 $4.01 . MINIMUM BILLING Facility Charge. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOLUME CHARGE Billing for the water consumption shall be based on the consumption during the billing period. Formula: Gallons consumption Rate per 1,000 gallons 1,000 0 1 COMMERCIAL/INDUSTRIAL WATER RATES (WC/WCN/WCI) UNDER DROUGHT CONTINGENCY PLAN CONDITIONS – ORDINANCE 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 UNDER DROUGHT CONTINGENCY PLAN Volume Rate for under 80% volumes $2.96/1,000 gals Volume Rate for volume over 80% of Prior Billing Volumes $3.55/1,000 gals COMMERCIAL/INDUSTRIAL WATER RATES (WCO) UNDER DROUGHT CONTINGENCY PLAN CONDITIONS – ORDINANCE 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 UNDER DROUGHT CONTINGENCY PLAN Volume Rate for under 80% volumes $3.35/1,000 Gallons Volume Rate for volume over 80% of Prior Billing Volumes $4.02/1,000 Gallons STAGE 3 WCI RATE BLOCKS PER THIRTY (30) DAYS UNDER DROUGHT CONTINGENCY PLAN WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. Volume Rate for under 80% volumes $2.96/1,000 gals $3.56/1.000 gals Volume Rate for volume over 80% of Prior Billing Volumes $3.56/1,000 gals $4.27/1,000 gals 1 1 STAGE 3 WCIO RATE BLOCKS PER THIRTY (30) DAYS UNDER DROUGHT CONTINGENCY PLAN WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. Volume Rate for under 80% volumes $3.35/1,000 gals $4.02/1.000 gals Volume Rate for volume over 80% of Prior Billing Volumes $4.02/1,000 gals $4.81/1,000 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 UNDER DROUGHT CONTINGENCY PLAN Volume Rate for under 70% volumes $2.96/1,000 Gallons Volume Rate for volume over 70% of Prior Billing Volumes $3.55/1,000 Gallons Under Stage 4 drought conditions, the following commercial/industrial water rates shall apply for retail customers. Commercial/Industrial customers shall be charged a 20% surcharge penalty for water usage above 70% of prior billing volumes per account per thirty (30) days. STAGE 4 WCO RATE BLOCKS PER THIRTY (30) DAYS UNDER DROUGHT CONTINGENCY PLAN Volume Rate for under 70% volumes $3.35/1,000 Gallons Volume Rate for volume over 70% of Prior Billing Volumes $4.02/1,000 Gallons 2 1 STAGE 4 WCI RATE BLOCKS PER THIRTY (30) DAYS UNDER DROUGHT CONTINGENCY PLAN WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. Volume Rate for under 70% volumes $2.96/1,000 gals $3.56/1.000 gals Volume Rate for volume over 70% of Prior Billing Volumes $3.56/1,000 gals $4.27/1,000 gals STAGE 4 WCIO RATE BLOCKS PER THIRTY (30) DAYS UNDER DROUGHT CONTINGENCY PLAN WINTER SUMMER Billing months of Billing months of NOV. through APRIL MAY through OCT. Volume Rate for under 70% volumes $3.35/1,000 gals $4.02/1.000 gals Volume Rate for volume over 70% of Prior Billing Volumes $4.02/1,000 gals $4.81/1,000 gals 3 1 SCHEDULE WFH METERED WATER FROM FIRE HYDRANT (Effective 10/01/06) APPLICATION 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.” DEPOSIT $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. NET RATE Volume Charge $3.43 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 rd day of each month for reading, results in the Customer to return the meter to water utilities by the 3 acceptance by the Customer to pay a monthly billing equal to 100,000 gallons of water usage for the month. Facility Charge $68.24 per bill PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 4 1 SCHEDULE WW WHOLESALE TREATED WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (Effective 10/01/07) APPLICATION 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. MONTHLY CHARGES 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 (Annual) 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. MINIMUM BILLING The minimum monthly billing shall be the sum of the monthly facility charge plus the monthly subscribed demand rate charge. WATER DEMAND The demand will be billed on a monthly basis at the Water Demand Rate for the subscribed MGD water demand level. Annual water demand charges will be retroactively adjusted up beginning in June for each water year, if anytime during the fiscal year the actual peak demand required, as established by the highest rate of flow controller setting for any one day during the fiscal year, is greater than the peak demand subscribed during the fiscal year. If the actual peak demand has an increased daily volume between .05 and .10 MGD from the subscribed demand (50,000 – 100,000 5 1 gallons per day), the annual water demand charge will be adjusted up and billed at the actual peak demand level. BILL PAYMENT DELINQUENCY 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. 6 1 SCHEDULE WRW WHOLESALE RAW WATER SERVICE TO UPPER TRINITY REGIONAL WATER DISTRICT (Effective 10/01/07) APPLICATION 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. MONTHLY CHARGES The monthly charge for service shall be expressed as a volume price per 1,000 gallons. Volume Charge: $0.3371 per 1,000 gallons PAYMENT th Denton shall render bills by the tenth (10) day of each month. Bills shall be due and payable within twenty (20) calendar days of the date a bill is rendered. BILL PAYMENT DELINQUENCY 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. 7 1 SCHEDULE WCL WHOLESALE RAW WATER PASS-THROUGH TO UPPER TRINITY REGIONAL WATER DISTRICT FROM LAKE CHAPMAN INTO LAKE LEWISVILLE (Effective 10/01/07) APPLICATION 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 UTRWD or Lewisville pursuant to a reuse permit or other appropriate regulatory authorization. MONTHLY CHARGES The monthly charge for service shall be expressed as a volume price per 1,000 gallons. Volume Charge: $0.0227 per 1,000 gallons PAYMENT 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. BILL PAYMENT DELINQUENCY 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. 8 1 WATER TAP AND METER FEES (Effective 10/01/07) APPLICATION This schedule applies to the installation, removal, or relocation of water taps and meters by the City of Denton Utility Department at the request of a person, firm, association or corporation. TAP AND 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 Unpaved Street 3/4 inch $1,410.00 $595.00 1 inch $1,625.00 $730.00 1 ½ inch $2,055.00 $1,085.00 2 inch $2,275.00 $1,410.00 WATER METER FEES Size of Meter 3/4 inch $305.00 1 inch $375.00 1 ½ inch $490.00 2 inch $630.00 WATER METER RELOCATIONS Size of Meter Relocation of 10 Feet or Less 3/4 inch $285.00 1 inch $285.00 1 ½ inch $340.00 2 inch $390.00 9 1 WATER LINE TAPS Size of Tap Paved Street Unpaved Street 4 inch $2,705.00 $1,625.00 6 inch $2,920.00 $1,895.00 8 inch $3,895.00 $2,815.00 12 inch $4,865.00 $3,730.00 FEES FOR INSTALLATIONS NOT LISTED 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. 0 2 FIRE HYDRANT INSTALLATION (Effective 10/01/07) APPLICATION 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. FIRE HYDRANT INSTALLATION FEES Any person, association of persons, or corporation that requests that a fire hydrant be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: Fire Hydrant Installation Paved Street Unpaved Street Installation Fee $5,030.00 $3,085.00 FEES FOR INSTALLATIONS NOT LISTED 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. 1 2 WATER LABORATORY TESTING FEES (Effective 10/01/07) APPLICATION 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) $20.00 Colilert (P/A) Quantitray $20.00 Total Coliform Analysis (MPN) $45.00 Heterotrophic Plate Counts (HPC) $25.00 Fecal Coliform (MF) $30.00 Records Search $25.00/hour The testing and analysis fees are established to recover the cost of testing water and wastewater samples. MINIMUM BILLING $20.00 - Testing $25.00 - Records Search PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 2 2 SPECIAL FACILITIES RIDER (Effective 10/01/07) 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 10/01/07) 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. 3 2 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 the Schedule of Rates herein adopted shall be effective, charged and applied to all water consumption occurring on and after October 1, 2007; 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 _______________________ 2007. _______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: ___________________________________ 4 2 Û¨¸·¾·¬ î ORDINANCE NO. 2007-__________ AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN ORDINANCE NO. 2006-261 FOR WASTEWATER SERVICE; PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 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 24 Governmental Agency, Division or Subdivision CWM DYNO Dirt Products 26 GBL Grass, Brush, and Leaves28 ST Wastewater Tap Fees 29 1 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 RESIDENTIAL WASTEWATER SERVICE (Effective 10/1/07) APPLICATION 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. (SR) MONTHLY RATES - WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $7.45/bill (2) Volume Charge $2.85/1,000 gallons effluent (SRO) MONTHLY RATES – OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $8.60/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. 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. MINIMUM BILLING - WITH CITY OF DENTON WATER SERVICE Facility Charge. 3 VOLUME CHARGE - WITH CITY OF DENTON WATER SERVICE 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 Daily Usage x 98% 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 98% 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. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. (SRNI/SRNO) MONTHLY RATES - WITHOUT CITY OF DENTON WATER SERVICE SRNISRNO 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. MINIMUM BILLING - WITHOUT CITY OF DENTON WATER SERVICE The Facility Charge plus five thousand (5,000) gallons of wastewater. 4 VOLUME CHARGE - WITHOUT CITY OF DENTON WATER SERVICE The billing for the wastewater volume shall be based on the minimum wastewater volume (5,000 gallons) during the billing period. Minimum Wastewater Volume 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. SPECIAL FACILITIES 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 MOBILE HOME PARK WASTEWATER SERVICE (Effective 10/01/07) APPLICATION 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. (SMH) MONTHLY RATE - WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $19.47/bill (2) Volume Charge $2.85/1,000 gallons effluent (SMHO) MONTHLY RATE – OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (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 MINIMUM BILLING - WITH CITY OF DENTON WATER SERVICE Facility Charge. VOLUME CHARGE - WITH CITY OF DENTON WATER SERVICE 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 Daily Usage x 98% 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. Established Billable Volume Rate per 1,000 gallons 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. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. (SMNI/SMNO) MONTHLY RATE - WITHOUT CITY OF DENTON WATER SERVICE SMNISMNO 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. MINIMUM BILLING - WITHOUT CITY OF DENTON WATER SERVICE The Facility Charge plus five thousand (5,000) gallons of wastewater per mobile home. 7 VOLUME CHARGE - WITHOUT CITY OF DENTON WATER SERVICE The billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Minimum Wastewater Volume Rate per 1,000 gallons 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. SPECIAL FACILITIES 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 COMMERCIAL AND INDUSTRIAL WASTEWATER SERVICE (Effective 10/01/07) REGULAR COMMERCIAL APPLICATION 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. (SC) MONTHLY RATE - WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $19.47/bill (2) Volume Charge $3.70/1,000 gallons effluent Billing based on eighty (85%) percent of monthly water consumption. Plus PRETREATMENT/PROGRAM CHARGES (As Applicable) (SCA) (A) Categorical Customer $400.00/bill (SCB) (B) Non-categorical Customer $ 50.00/bill SAMPLING AND ANALYSIS CHARGES (As applicable) (A) Sampling charge (each) $42.00 (B) Analysis charge (per test) $21.00 SCO MONTHLY RATE () – OUTSIDE CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (1) Facility Charge $21.62/bill (2) Volume Charge $4.26/1,000 gallons effluent Billing based on eighty (85%) percent of monthly water consumption. 9 MINIMUM BILLING Facility Charge. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume .85 Rate per 1,000 gallons 1,000 COMMERCIAL AND INDUSTRIAL SURCHARGE 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 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. (SCNI/SCNO) MONTHLY RATE - WITHOUT CITY OF DENTON WATER SERVICE SCNISCNO Inside Corporate Outside Corporate Limits Limits (1) Facility Charge $19.47/bill $21.62/bill (2) Volume 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 MINIMUM BILLING (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. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Minimum wastewater volume Rate per 1,000 gallons 1,000 Plus PRETREATMENT/PROGRAM CHARGES (As applicable) (1) Categorical Customer $400/bill (2) Non-categorical Customer $50/bill SAMPLING AND ANALYSIS CHARGES (As applicable) (1) Sampling charge (each) $42.00 (2) Analysis charge (per test) $21.00 COMMERCIAL AND INDUSTRIAL SURCHARGE 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 is the surcharge for customer X. 11 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. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES 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), WATER FOR WASTEWATER BILLING (Effective 10/01/07) APPLICATION 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. MONTHLY RATE (1) Facility Charge Billing Per Bill 3/4" Meter $25.83 1" Meter $28.24 1-1/2" Meter $35.56 2" Meter $41.46 3" Meter $90.12 4" Meter $169.43 6" Meter $211.48 8" Meter $246.33 10" Meter $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. MINIMUM BILLING Facility Charge. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 13 SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the Special Facilities Rider. COMMERCIAL AND INDUSTRIAL SURCHARGE 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 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. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Actual Water volume .98 Rate per 1,000 gallons 1,000 14 SCHEDULE SCS COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE WHICH MEASURES WITH DEDICATED WATER METERS (SUB-METERS), WATER EXCLUDED FROM WASTEWATER BILLING (Effective 10/01/07) APPLICATION 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. MONTHLY RATE (1) Facility Charge Billing Per Bill 3/4" Meter $25.83 1" Meter $28.24 1-1/2" Meter $35.56 2" Meter $41.46 3" Meter $90.12 4" Meter $169.43 6" Meter $211.48 8" Meter $246.33 10" Meter $296.80 (2)Volume Charge – None The wastewater billing exclusion is based on one-hundred (100%) percent of the actual water volume submetered. MINIMUM BILLING Facility Charge. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 15 SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. WASTEWATER SURCHARGE 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 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. VOLUME CHARGE EXCLUSION 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 WASTEWATER SERVICE (Effective 10/01/07) APPLICATION 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. (SEE) MONTHLY RATE (1) Facility Charge $19.47/bill (2) Volume Charge $5.11/1,000 gallons effluent Billing based on eighty (85%) percent of monthly water consumption. Plus PRETREATMENT / PROGRAM CHARGES (As Applicable) (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. SAMPLING/ANALYSIS CHARGES (As Applicable) (1) Sampling charge (each) $42.00 (2) Analysis charge (per test) $21.00 “SEE” RATE EXEMPTIONS (1) Customers under the SEE rate shall be charged the SC rate if only pre-wrapped and 17 preprocessed foods are served from their premises and no food processing is performed on the premises so that only minimal organic material is discharged to the sanitary sewer. The exemption for the SEE class shall be determined by the City of Denton Environmental Health Services Food Inspection Division. (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). MINIMUM BILLING Facility Charge. WASTEWATER SURCHARGE 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 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 500 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 600 mg/l, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 18 SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume .85 Rate per 1,000 gallons 1,000 19 SCHEDULE SM METERED WASTEWATER INSIDE AND OUTSIDE CORPORATE LIMITS (Effective 10/01/07) APPLICATION Applicable to any wastewater service Customer whose wastewater discharge is metered from a single customer location and not otherwise classified under this ordinance. SMISMO MONTHLY RATE Inside Corporate Outside Corporate Limits Limits (1) Facility Charge $240.32/bill $276.37/bill (2) Volume Charge $3.70/1,000 gals $4.26/1,000 gals Plus (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. SAMPLING/ANALYSIS CHARGE (As Applicable) (1) Sampling charge (each) $42.00 (2) Analysis charge (per test) $21.00 WASTEWATER SURCHARGE 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. MINIMUM BILLING Facility Charge, plus the appropriate Pretreatment/Program Charge, if applicable. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Wastewater volume Rate per 1,000 gallons 1,000 21 SCHEDULE SGE SALE OF TREATED WASTEWATER EFFLUENT (Effective 10/1/07) APPLICATION 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. PRODUCT AVAILABILITY Wastewater effluent is available for resale only if volumes are available. Supplies may be limited or unavailable. MONTHLY RATES (1) Facility Charge Per Bill 3/4“ Meter $ 20.20 1” Meter $ 22.20 1-1/2” Meter $ 25.75 2” Meter $ 31.65 3” Meter $ 66.25 4” Meter $122.50 6” Meter $153.00 8” Meter $178.00 10” Meter $214.00 (2) Volume Charge $1.35/1,000 gallons MINIMUM BILLING Facility Charge. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 22 SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided subject to the Special Facilities Rider. VOLUME CHARGE Billing for the wastewater volume shall be based on the effluent volume calculated during the billing period. Formula: Effluent volume Rate per 1,000 gallons 1,000 23 SCHEDULE SSC WHOLESALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL AGENCY, DIVISION, OR SUBDIVISION (Effective 10/01/07) APPLICATION 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. MONTHLY RATES (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. SAMPLING/ANALYSIS CHARGE (As Applicable) (1) Sampling Charge (each) $42.00 (2) Analysis Charge (per test) $21.00 MINIMUM BILLING Facility Charge. WHOLESALE SURCHARGE 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. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet Customer's service requirements shall be provided, subject to the Special Facilities Rider. VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Wastewater volume Rate per 1,000 gallons 1,000 25 SCHEDULE CWM DYNO DIRT PRODUCTS (Effective 10/1/07) APPLICATION 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. RATES 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 volumes less than one-half cubic yard. (A) Compost (1) Dyno Soil (Top Soil Blend) $27.50/Cubic Yard (2) Dyno Dirt $22.50/Cubic Yard (3) Dyno Lite $30.00/Cubic Yard (B) Wood Mulch (1) Dyno Brown Mini Mulch $17.50/Cubic Yard (2) Dyno Deco Colored Mulch $30.00/Cubic Yard (3) Dyno Double Grind $17.50/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 50% discount. (C) City of Denton departments will receive a 50% discount on all purchases of Dyno Dirt products (D) One cubic foot bags of Dyno Dirt $1.50/bag (50 Bag Minimum Purchase) (E) Asphalt Millings $10.00/Cubic Yard PRODUCT AVAILABILITY 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 LOCATION All Dyno Dirt products may be purchased from the City of Denton at the following location: Location Address Compost Sales Bldg. Water Reclamation Plant 1100 Mayhill Road, Denton, Texas WHOLESALE PURCHASES 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/BRUSH/LEAVES (Effective 10/1/07) APPLICATION 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/BRUSH/LEAVES: Product Characteristics 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: $41.00/ton 4. Whole trees and stumps $48.75/ton MINIMUM 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 WASTEWATER TAP FEES (Effective 10/01/07) APPLICATION 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 FEES 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: WASTEWATER TAPS WITH CLEANOUT Size of Tap Paved Street Unpaved Street 4 inch $2,000.00 $1,410.00 6 inch 2,110.00 1,570.00 8 inch 2,220.00 1,730.00 10 inch 2,380.00 1,865.00 MANHOLE BREAKOUT FEE 6” – 12” Line $165.00 FEES FOR INSTALLATIONS NOT LISTED 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 TREATED EFFLUENT WASTEWATER TAP FEES (Effective 10/01/07) APPLICATION 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 FEES 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: REUSE WASTEWATER LINE TAPS Size of Tap Paved Street Unpaved Street 4 inch $2,705.00 $1,625.00 6 inch 2,920.00 1,895.00 8 inch 3,895.00 2,815.00 12 inch 4,865.00 3,730.00 FEES FOR INSTALLATIONS NOT LISTED 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-SITE SEWAGE FACILTY PERMIT FEES (Effective 10/01/07) APPLICATION 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 PERMIT 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 OSSF’s) $50 31 SCHEDULE SD STORM DRAINAGE FEES (Effective 10/01/07) APPLICATION 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. (SDR) MONTHLY FEE – RESIDENTIAL 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 Block Per Bill 0 – 600 Square Feet $ 0.50 601 – 1,000 Square Feet $ 1.00 1,001 – 2,000 Square Feet $ 3.35 2,001 – 3,000 Square Feet $ 5.45 3,001 – 4,000 Square Feet $ 7.60 4,001 – 5,000 Square Feet $ 9.75 5,001 – 6,000 Square Feet $12.00 Over 6,000 Square Feet $15.50 (SDN) MONTHLY FEE – NON-RESIDENTIAL 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 FACILITIES RIDER (Effective 10/01/07) (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 10/01/07) 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 SECTION 2. That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. 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 the Schedule of Rates herein adopted shall be effective, charged and applied to all wastewater service rendered on and after October 1, 2007, 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 ________________________, 2007. __________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _____________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: _____________________________ 35 Û¨¸·¾·¬ í ORDINANCE NO. 2007-_______ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES CONTAINED IN ORDINANCE NO. 2006-265 FOR ELECTRIC SERVICE; AMENDING NON STANDARD STREET LIGHTING (SCHEDULE DSL); 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 Rates for electrical services as provided for in Chapter 26 of the City of Denton Code of Ordinances, is amended to read as follows: ELECTRIC RATE SCHEDULES PAGE RES Residential Service 2 RG Residential Renewable Energy Service 4 GSS General Service Small 6 GSM General Service Medium 8 GSL General Service Large 10 TGS General Service Time of Use 12 G1 Local Government 15 WK Weekend Service 17 AF Athletic Field 19 LS Street Lighting 21 LT Traffic Lighting 22 LO Other Lighting 23 DD Security Lighting 25 DDL Decorative Downtown Lighting 27 DSL Non Standard Street Lighting 28 T1 Temporary Service 30 IDR Industrial Development Rider 32 EP EnergySave Program 34 UPS Uninterruptible Power Supply 39 ECA Energy Cost Adjustment 40 RCA Renewable Cost Adjustment 42 DGR Distributed Generation From Renewable Sources Rider 44 IWG Independent Wholesale Generator Rider 46 CGR Commercial Renewable Energy Service Rider 49 SFR Special Facilities Rider 51 SE Special Event Service 52 DFR Dark Fiber Rate 54 1 SCHEDULE RES RESIDENTIAL SERVICE (Effective 10/01/07) APPLICATION 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 MONTHLY RATE WINTER SUMMER Billing months of Billing months of November through April May through October (1) Facility Charge Single-Phase $ 8.25/bill $ 8.25/bill Three-Phase $16.50/bill $16.50/bill plus; (2) Energy Charge per billing period First 600 kWh 5.70¢/kWh Additional kWh 3.79¢/kWh All kWh 5.70¢/kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA See Schedule ECA MINIMUM BILLING 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 Facility Charge Three-Phase 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 Rate per kWh in rate block 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. 3 SCHEDULE RG RESIDENTIAL RENEWABLE ENERGY SERVICE (Effective 10/01/07) APPLICATION 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 MONTHLY RATE WINTER SUMMER Billing Months of Billing Months of November through April May through October (1) Facility Charge $ 8.25/bill $ 8.25/bill Three-Phase $16.50/bill $16.50/bill plus; (2) Energy Charge per billing period First 600 kWh 5.70¢/kWh All Additional 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. 4 MINIMUM BILLING 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 Facility Charge Three-Phase 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 rate per kWh in rate block 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. 5 SCHEDULE GSS GENERAL SERVICE SMALL (Effective 10/01/07) APPLICATION 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 MONTHLY RATE (1) Facility Charge Single-Phase $15.80/bill Three-Phase $21.10/bill plus; (2) Energy Charge per billing period First 2,500 kWh 7.02¢/kWh Additional kWh 3.67¢/kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING 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 Facility Charge Three-Phase 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 Rate per kWh in rate block 6 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. 7 SCHEDULE GSM GENERAL SERVICE MEDIUM (Effective 10/01/07) APPLICATION The General Service Medium (GSM) rate is applicable to any commercial or industrial customer having a maximum demand of at least 20 kW in any one 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 MONTHLY RATE (1) Facility Charge Single-Phase $15.80/bill Three-Phase $21.10/bill plus; (2) Demand Charge $4.00/kW (all kW) plus; (3) Energy Charge per billing period First 6,000 kWh 4.43¢/kWh Additional kWh 3.66¢/kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING 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 8 DETERMINATION 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 Rate per kWh in rate block PRIMARY SERVICE DISCOUNT Customers who receive service at secondary voltage (GM1) 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 0.1¢/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 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. 9 SCHEDULE GSL GENERAL SERVICE LARGE (Effective 10/01/07) APPLICATION The General Service Large (GSL) Rate is applicable to any commercial or industrial customer having a minimum actual demand of 250 kVA or 225 kW for all electric service supplied at one point of delivery and measured through one meter. Customers with an average actual demand equal to or greater than 200 kVA or 180 kW during the previous twelve month period may be allowed service under this rate, subject to the minimum billing provision. Customers other than commercial and industrial may be allowed service under this rate, subject to the minimum billing provision. Customers who elect to discontinue service under this rate are ineligible for service under this rate for twelve months. This rate is not applicable to resale service in any event, or to temporary, standby, or supplementary service. NET MONTHLY RATE (1) Facility Charge $65.55/bill plus; (2) Demand Charge $9.33/kVA (Minimum of 250 kVA billed) plus; (3) Energy Charge per billing period First 200,000 kWh 2.14¢/kWh Additional kWh 1.21¢/kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING 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 10 DETERMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be the greater of: (1) the actual monthly kVA demand as measured during the fifteen (15) minute period of maximum use each month; or (2) 250 kVA; or (3) seventy percent (70%) of the maximum monthly kVA 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 Rate per kWh in rate block PRIMARY SERVICE DISCOUNT Customers who receive service at secondary voltage (GL1) 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 of 0.1¢/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 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. 11 SCHEDULE TGS GENERAL SERVICE TIME OF USE (Effective 10/01/07) APPLICATION Applicable to any customer having a minimum demand of 250 kVA for all electric service supplied at one point of delivery and measured through one meter, with the City providing all facilities necessary to receive primary voltage service. 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 MONTHLY RATE (1) Facility Charge $76.45/bill plus; (2) On-Peak Demand Charge $11.87/kVA plus; (3) Off-Peak Demand Charge $2.34/kVA plus; (4) Energy Charge per billing period 0.71¢/kWh plus; (5) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING 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 12 DEFINITION OF ON-PEAK HOURS 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. DEFINITION OF OFF-PEAK HOURS The City's system (off-peak) hours, for the purpose of this rate schedule, shall be all hours not designated as on-peak hours. DETERMINATION 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. DETERMINATION OF OFF-PEAK DEMAND The demand used in calculating the Off-Peak Demand Charge for the billing period shall be the actual kVA 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. DETERMINATION OF DEMAND BILLING FOR CUSTOMERS WITH NO PEAK DEMAND HISTORY DURING 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. PRIMARY SERVICE DISCOUNT Customers who receive service at secondary voltage (TG1) 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 of 0.1¢/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. 13 ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh 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. 14 SCHEDULE G1 LOCAL GOVERNMENT SERVICE (Effective 10/01/07) APPLICATION 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 MONTHLY RATE (1) Facility Charge Single-Phase $15.80/bill Three-Phase $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 MINIMUM BILLING 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 DETERMINATION 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. 15 ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh 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. 16 SCHEDULE WK WEEKEND SERVICE (Effective 10/01/07) APPLICATION 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 MONTHLY RATE (1) Facility Charge Single-Phase $20.86/bill Three-Phase $26.08/bill plus; (2) Demand Charge $6.72/kW (First 20 kW not billed) plus; (3) Energy Charge per billing period First 2,500 kWh 7.02¢/kWh Next 3,500 kWh 3.67¢/kWh Additional kWh 2.70¢/kWh plus; (4) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING (1) Facility Charge plus; (2) Demand Charge 17 DETERMINATION 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 Rate per kWh in rate block 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. 18 SCHEDULE AF ATHLETIC FIELD (Effective 10/01/07) APPLICATION 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 MONTHLY RATE (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 19 MINIMUM BILLING 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 Facility Charge Three-Phase Facility Charge DETERMINATION OF DEMAND The demand used in calculating the Demand Charge for the billing period shall be 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. ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh in rate block Rate per kWh in rate block TYPE OF SERVICE 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. 20 SCHEDULE LS STREET LIGHTING (Effective 10/01/07) APPLICATION Applicable to all street lighting owned and maintained by the City of Denton. NET MONTHLY RATE (1) Facility Charge Rate Luminaire Type Facility Charge LSA 100 W Sodium Vapor $5.15/bill LSB 250 W Sodium Vapor $7.30/bill LSC 400 W Sodium Vapor $9.19/bill plus; (2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA) (Bulb Wattage Factor where the following Bulb Wattage Factors apply); Luminaire Type Bulb Wattage Factor Rate LSA 100 W Sodium Vapor 48 kWh LSB 250 W Sodium Vapor 105 kWh LSC 400 W Sodium Vapor 159 kWh TYPE OF SERVICE 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. 21 SCHEDULE LT TRAFFIC LIGHTING (Effective 10/01/07) APPLICATION Applicable to State and Local Government agencies that operate and maintain their own traffic signals. NET MONTHLY RATE (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 kWh Rate TYPE OF SERVICE 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. 22 SCHEDULE LO OTHER LIGHTING (Effective 10/01/07) APPLICATION 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 §25.11. DEFINITION 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 MONTHLY RATE LOA (Unmetered Lighting) (1) Energy Charge per billing period 5.62¢/kWh plus; (2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA) x (Bulb Wattage/1000) x (Hours of Operation Per Billing Period) ENERGY CHARGE LOA (Unmetered Lighting) Billing for the Energy Charge shall be based on estimated kWh consumption during the billing period. Energy Charge = (kWh Rate x Bulb Wattage/1000) x (Hours of Operation Per Billing Period) NET MONTHLY RATE LOB (Metered Lighting) (1) Energy Charge per billing period 5.62¢/kWh plus; (2) Energy Cost Adjustment Charge See Schedule ECA 23 ENERGY CHARGE LOB (Metered Lighting) 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, 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. 24 SCHEDULE DD SECURITY LIGHTING (Effective 10/01/07) APPLICATION 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 MONTHLY RATE (1) Facility Charge Rate Luminaire Type Facility Charge DSA 100 W Sodium Vapor $ 8.14/bill DSB 250 W Sodium Vapor $10.76/bill DSC 400 W Sodium Vapor $12.97/bill DHA 250 W Metal Halide $12.65/bill DHB 400 W Metal Halide $15.07/bill plus; (2) Energy Cost Adjustment Charge (Current ECA per Schedule ECA) (Monthly Bulb Wattage Factor where the following Bulb Wattage Factors apply); Luminaire Type Bulb Wattage Factor Rate DSA 100 W Sodium Vapor 48 kWh DSB 250 W Sodium Vapor 105 kWh DSC 400 W Sodium Vapor 159 kWh DHA 250 W Metal Halide 105 kWh DHB 400 W Metal Halide 159 kWh TYPE OF SERVICE 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 25 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. TERM 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. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. 26 SCHEDULE DDL DOWNTOWN DECORATIVE LIGHTING (Effective 10/01/07) APPLICATION 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. NET MONTHLY RATE (1) Facility Charge $4.04/bill plus; (2) Energy Cost Adjustment (Current ECA per Schedule ECA) (350 kWh per Customer) TYPE OF SERVICE 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. PAYMENT The due date for the payment of the bill for utility services shall not be less than ten (10) business days after issuance. FACILITY CHARGE The Facility Charge shall be assessed on each bill rendered. 27 SCHEDULE DSL NON-STANDARD STREET LIGHTING (Effective 10/01/07) APPLICATION 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 MONTHLY RATE (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) (Monthly Bulb Wattage Factor where the following Bulb Wattage Factors apply); Luminaire Type Bulb Wattage Factor Rate DLSA 100 W Sodium Vapor 48 kWh DLSB 250 W Sodium Vapor 105 kWh DLSC 400 W Sodium Vapor 159 kWh DLHA 250 W Metal Halide 105 kWh DLHB 400 W Metal Halide 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 SERVICE 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. 28 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. 29 SCHEDULE T1 TEMPORARY SERVICE (Effective 10/01/07) APPLICATION 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 MONTHLY RATE (1) Facility Charge Single-Phase $15.80/bill Three-Phase $21.10/bill plus; (2) Energy Charge per billing period 7.11¢/kWh plus; (3) Energy Cost Adjustment Charge See Schedule ECA MINIMUM BILLING 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 Facility Charge Three-Phase Facility Charge ENERGY CHARGE Billing for the Energy Charge shall be based on actual kWh consumption during the billing period. Energy Charge = kWh kWh Rate TYPE OF SERVICE 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. 30 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. 31 SCHEDULE IDR INDUSTRIAL DEVELOPMENT RIDER (Effective 10/01/07) PURPOSE The purpose of this rider is to facilitate local economic growth and expand the ad valorem tax base of the City of Denton. AVAILABILITY 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. APPLICATION This rider is available to electric service supplied at any one location. It is for firm electric service applicable to new and existing Customers as described below, over a five (5) year period. This rider is available to the following classes of Customers: (1) New customers whose electric service represents demand not previously served by the City at any location in the City's service area in the last twelve (12) months, where such metered demand will be in excess of 225 kVA or 200 kW, as estimated and mutually agreed upon by the Director of Electric Utilities and the customer. (2) Existing customers served under Rate Schedules GSL or TGS who increase their prior existing metered demand by 225 kVA 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. NET MONTHLY RATE 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: 32 Time Period Reduction to Billing Demand First Year 50% Second Year 40% Third Year 30% Fourth Year 20% Fifth Year 10% CONTRACT PERIOD The term of the contract will be for five (5) years. 33 SCHEDULE EP ENERGYSAVE PROGRAM (Effective 10/01/07) PROGRAM SUMMARY 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. HVAC DEALERS/INSTALLERS 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 HVAC 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 HVAC equipment or an HVAC 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. 34 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. OPTION I – STRUCTURE INCENTIVE 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 Procedures 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. 35 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 HVAC 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 ¾” air gap between insulation and decking 36 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– HVAC REBATE Option II covers HVAC 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 Procedures 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 Guidelines 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. 37 C. All equipment must be purchased. No leased or lease/purchased equipment will 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 of Unit SEER/EER Rating Incentive Central Air Conditioning 16.0 + $600/unit Central Heat Pumps 16.0 + $700/unit Geothermal Heat Pump 16.0 + $700/unit Room Air Conditioners 12.0 + $ 50/unit Room Heat Pumps 12.0 + $ 50/unit 38 SCHEDULE UPS UNINTERRUPTIBLE POWER SUPPLY (Effective 10/01/07) APPLICATION 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. NET MONTHLY RATE (1) Facility Charge: 0-300 Watts Uninterruptible Power Supply $ 7.80/bill 301-700 Watts Uninterruptible Power Supply $14.90/bill 701-1,200 Watts Uninterruptible Power Supply $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: 5% of Annual Maintenance Cost 12 months plus; 6% Annual Return of Investment 12 months plus; 8% Interest on a Five (5) Year Life TYPE OF SERVICE 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. PAYMENT Bills are due when rendered, and become past due if not paid within fifteen (15) calendar days from date of issuance. 39 SCHEDULE ECA ENERGY COST ADJUSTMENT (Effective 10/01/07) 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 ADJUSTMENT BALANCING ACCOUNT CALCULATION 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 TMPA 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 ADJUSTMENT CALCULATION ECA = [(Projected Energy Cost) + (ECA Balancing Account)]/(Projected kWh sales) ENERGY COST ADJUSTMENT CHARGE The Energy Cost Adjustment Charge shall be based on actual kWh consumption during the billing period. Energy Cost Adjustment Charge = kWh ECA rate 40 EXTRAORDINARY CIRCUMSTANCE ECA RATE ADJUSTMENT 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. 41 SCHEDULE RCA RENEWABLE COST ADJUSTMENT (Effective 10/01/07) 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. RENEWABLE COST ADJUSTMENT BALANCING ACCOUNT CALCULATION 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. RENEWABLE COST ADJUSTMENT CALCULATION RCA = ECA + [(Projected Renewable Energy Cost)/(Projected kWH sales)] Where: Projected Renewable Energy Cost = Actual + Projected REC cost RENEWABLE COST ADJUSTMENT CHARGE The Renewable Cost Adjustment Charge shall be based on actual kWh consumption during the billing period. Renewable Cost Adjustment Charge = kWh RCA rate 42 EXTRAORDINARY CIRCUMSTANCE RCA RATE ADJUSTMENT 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 DGR DISTRIBUTED GENERATION FROM RENEWABLE SOURCES RIDER (Effective 10/01/07) APPLICATION 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. INDEMNIFICATION 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 INDEPENDENT WHOLESALE GENERATOR (Effective 10/1/06) APPLICATION The Independent Wholesale Generator (IWG) rate is applicable to generating installations of ten (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. TERMS AND CONDITIONS OF SERVICE 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-INTERCONNECTION STUDIES 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 MODIFICATIONS 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 unit(s) 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 unit(s). 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 unit(s) shall apply except as expressly altered by this Rider. 48 SCHEDULE CGR COMMERCIAL RENEWABLE ENERGY SERVICE RIDER (Effective 10/01/07) 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. APPLICATION This Rider is applicable to any non-residential Customer receiving service under rate schedules GSS, GSM, GSL, G1, 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 MONTHLY RATE 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 FACILITIES RIDER (Effective 10/01/07) (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 SPECIAL EVENT SERVICE SCHEDULE (Effective 10/01/07) APPLICATION 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 RATE (1) Facility Charge $30.25/bill plus; (2) Energy Charge 9.50¢/kWh plus; (3) Energy Cost Adjustment See Schedule ECA MINIMUM BILLING 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 SERVICE 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 corners 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 (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 FIBER (Effective 10/01/07) APPLICATION 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. MONTHLY RATE (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 RATE GUIDELINES (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. DISCOUNTS 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 of Lease Number of Fibers 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 SERVICE 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 LEASE CONTRACT All dark fiber lease contracts shall be for a minimum term of five (5) years. 55 SECTION 2. That the Assistant City Manager for Utilities is hereby authorized to expend funds to issue rebates to electric utility customers in the form and type set forth in 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. SECTION 3. That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION 4. That 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 5. That this ordinance and the rates herein adopted shall become effective, charged, and applied to all electric services rendered by Denton Municipal Electric, and all energy usage by customers of Denton Municipal Electric effective with the first billing issued on and after October 1, 2007; 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 ______________________, 2007. _______________________________ PERRY MCNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: __________________________________ 56 Û¨¸·¾·¬ ì ORDINANCE NO. 2007-_________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE CONTAINED IN ORDINANCE NUMBER 2006-262 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; PROVIDING FOR THE PASS-THROUGH OF OTHER ADDITIONAL FEES OR CHARGES WHICH MAY BE CHARGED BY ANY OTHER GOVERNMENTAL ENTITY (SCHEDULES SWR, SWC); AMENDING THE TIME FOR BILLING TO EITHER MONTHLY OR QUARTERLY BILLS (SCHEDULES SWP, SWRR AND MFR), UPON THE DISCRETION OF THE DIRECTOR OF SOLID WASTE; AMENDING THE TIME FOR BILLING TO EITHER MONTHLY OR BI-WEEKLY BILLS (SCHEDULES SWC, SWCR, AND SWL), UPON THE DISCRETION OF THE DIRECTOR OF SOLID WASTE; AMENDING THE RESIDENTIAL RECYCLING RATE AND THE MINIMUM BILLING AMOUNT (SCHEDULE SWRR); PROVIDING FOR THE COLLECTION OF SOLID WASTE FROM NON-CITY OWNED CONTAINERS THAT HAVE CITY PERMITS AFFIXED; PROVIDING THAT COMMERCIAL CART SERVICE SHALL REQUIRE THAT CONTAINERS BE SET OUT PRIOR TO 7 A.M. ON THE SCHEDULED COLLECTION DAY; PROVIDING FOR THE MANUAL PICK-UP OF SOLID WASTE WHERE CUSTOMERS ON COMMERCIAL CART SERVICE WHERE FULLY-AUTOMATED COLLECTION CANNOT BE PROVIDED WITH AN ADDITIONAL CHARGE PER MONTH FOR PROVIDING MANUAL SERVICE; PROVIDING THAT AN ANNUAL NON-CITY OWNED REFUSE CONTAINER PERMIT FEE BE ESTABLISHED (SCHEDULES SWC AND SWP); PROVIDING FOR VARIOUS COMMERCIAL RECYCLING RATES (SCHEDULE SWCR); 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 PAGE SWR Residential Solid Waste Collection Services 3 SWRR Residential Recycling 5 MFR Multi-family Chemical Collection / Recycling 6 SWC Commercial Solid Waste Collection Services 7 1 SWCR Commercial Recycling Services 15 SWP Collection and Transportation Services Permit 18 SWL Sanitary Landfill Services 24 2 SCHEDULE SWR RESIDENTIAL SOLID WASTE COLLECTION SERVICES (Effective 10/01/07) APPLICATION 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. MONTHLY RATES Containerized Collection Service 1 pickup per week Size of Carts 1 Cart 2 Carts Large $17.75/bill $33.50/bill Medium $16.60/bill Small $15.00/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. Cart 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. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs from the customer. MINIMUM BILLING / BASE RATE SERVICE $15.00 per monthly 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. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs from the customer. BILLING 3 Residential accounts will be billed either monthly or quarterly, depending upon the discretion of the Director of Solid Waste. 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. Residential customers may be provided metal containers and service at the published commercial rates. Residential customers shall contact Customer Service, a minimum of one day in advance of their scheduled collection day, to request the collection of up to four bulky items per year on their refuse collection day for no additional charge. Bulky items are residential household type items that are consistent with residential household use, such as furniture and selected appliances. Bulky items exclude those appliances manufactured to contain polychlorinated biphenyls (PCB’s) or chlorofluorocarbons (CFC’s), and non-household type items, including but not limited to fencing, remodeling, and construction and demolition (C&D) waste. Residential construction and demolition (C&D) waste, including but not limited to lumber, brick, fencing, and drywall, will be collected at the scheduled rate of $60.00 for mobilization plus $10.00 per cubic yard or any part of a cubic yard collected above one cubic yard. Materials must not exceed eight (8’) feet in length. Customers should contact Customer Service during normal business hours to request the collection of residential C&D waste. If the customer has over eight cubic yards of C&D waste for collection, the customer is required to have a city refuse storage container of adequate size to contain the waste, and maintain a collection service frequency of at least once per month. 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 their 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 collection 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 cost of service including the special and administrative services provided. 4 When initiating new service, a residential Solid Waste service deposit may be charged. 5 SCHEDULE SWRR RESIDENTIAL RECYCLING (Effective 10/01/07) APPLICATION 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. MONTHLY RATE Containerized Collection Service 1 pickup per week $4.00 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. MINIMUM BILLING $4.00 per monthly bill If any other fees are established by an authorized governmental entity, the minimum billing would adjust to include those costs. BILLING Residential accounts will either be billed monthly or quarterly, depending upon the discretion of the Director of Solid Waste. EXCEPTION TO IMPOSITION OF RATE 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. 6 SCHEDULE MFR MULTI-FAMILY CHEMICAL COLLECTION / RECYCLING (Effective 10/01/07) APPLICATION 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. MONTHLY RATE $1.75 per bill per multi-family living unit. MINIMUM BILLING $1.75 per monthly bill per multi-family living unit. BILLING Multi-family accounts will either be billed monthly or quarterly, depending upon the discretion of the Director of Solid Waste. 7 SCHEDULE SWC COMMERCIAL SOLID WASTE COLLECTION SERVICES (Effective 10/01/07) APPLICATION 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. MONTHLY RATE Commercial refuse collection services are provided through a volume-based rate system. Refuse will be collected in city approved or city provided containers only. All non-city owned containers shall have a container permit affixed to the outside of each container in a location that is clearly visible when viewed by Solid Waste Department employees, from the front of the collection site. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs from the customer. A.PERMANENT FRONT LOAD CONTAINER SERVICE (Long Term Scheduled Service) 1.8 CUBIC YARD CONTAINER Front Load Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 8 $114.00 2 16 $228.00 3 24 $346.00 2.6 CUBIC YARD CONTAINER Front Load Pickups Cubic Yards Rate Per Per Week Per Week Bill 1 6 $ 94.00 2 12 $187.00 3 18 $284.00 8 3.4 CUBIC YARD CONTAINER 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 4.2 & 3 CUBIC 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 cubic yard containers and new side load container services are no longer available. Customers currently receiving two cubic yard or side load container services that discontinue these services may not reinstate this same service in the future. (For a container reload and extra empty) 5. CONTAINER EXTRA SERVICE Container Size Collection Service Fee 2 & 3 CY container $34.00 per pickup 4 CY container $39.00 per pickup 6 CY container $51.00 per pickup 8 CY container $63.00 per pickup These extra service fees apply if the truck, while on its scheduled route, remains on-site to provide the additional service and 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 9 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, and the cart set out for collection no later than 7:00 AM on the scheduled collection day. Bulky item collection services are not provided for commercial cart service customers. One (1) pickup per week service: Cart Capacity 1 Cart 2 Carts Large $17.75/bill $33.50/bill A maximum of two carts is available. Service above this level will require the placement of a metal container. 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. TEMPORARY FRONT LOAD CONTAINER SERVICE (Short Term Service) Container Size Monthly Rental Collection Service Fee 4 CY container $40.00 $70.00 per pickup 8 CY container $64.00 $95.00 per pickup Temporary service accounts incur container delivery charges to initially place the containers. D. ROLL-OFF OPEN TOP CONTAINER SERVICE Container Size Monthly Rental 15 CY container $100.00 20 CY container $110.00 30 CY container $130.00 Collection Service Fees Scheduled Demand Response 15 CY container $259.50 $279.50 20 CY container $296.00 $316.00 30 CY container $369.00 $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. 10 The Solid Waste Department will establish rates to recover the cost of service for unlisted container sizes. E. ROLL-OFF COMPACTOR CONTAINER SERVICE Container Size Monthly Rental 30 CY compactor $355.00 35 CY compactor $422.00 42 CY compactor $515.00 Collection Service Fees Scheduled Demand Response 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. 6 CUBIC YARD COMPACTOR SERVICE Pickups Monthly Rental Collection Service Fee 1 $120.00 $146.00 per month 2 $120.00 $418.00 per month 3 $120.00 $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. MULTI-FAMILY BULKY ITEM COLLECTION SERVICE Container Size Monthly Rental Collection Service Fee 4 CY SL container $20.00 $40.00 per pickup 8 CY FL container $25.00 $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. 11 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 CONTAINERS 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. MINIMUM COMMERCIAL CHARGE A minimum charge of $17.75 per monthly bill will be charged to all commercial solid waste customers. Should any other fees and/or charges be established by any other authorized governmental entity, those fees and/or charges will be added to the monthly rate stated hereinabove in order that the city shall recover those additional costs. 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 or manual collection service. J. BILLING Commercial accounts will either be billed monthly or bi-weekly, depending upon the discretion of the Director of Solid Waste. K. SPECIAL WASTE 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 andregulations, 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. L. SERVICE REQUIREMENTS AND CHARGES A delivery fee of $90.00 per container will be charged to all customers for roll-off 12 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 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. 13 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. For non-city owned refuse containers serviced by the city, the container owner shall pay a container permit fee of $3.00 per cubic yard, per container, annually, billed on the solid waste service bill. 14 SCHEDULE SWCR COMMERCIAL RECYCLING SERVICES (Effective 10/01/07) APPLICATION 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. QUALIFICATION 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. MONTHLY RATES 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. City of Denton Municipal Building Collections: Cart – Curb collection $17.25 per bill Cart – Building collection $19.25 per bill Recycling Container Delivery: Front Load $75.00 each Roll-Off $90.00 each Commercial Collections: 8 CY – 1 x week $99.00 per bill 8 CY – 1 x every two weeks or less $89.00 per bill 8 CY – Extra empty (per container) $99.00 each 6 CY – 1 x week $82.00 per bill 6 CY – 1 x every two weeks or less $72.00 per bill 6 CY – Extra empty (per container) $82.00 each 15 Small Business Curbside Recycling $4.00 per bill Demand Response (Temporary) - 8 CY: Rental $30.00 per bill Service (While on route) $27.50 each Roll-Off Recycling * – 30 CY: Rental $100.00 per bill Service (per collection) $250.00 per bill * Possible revenue sharing opportunity with commercial entity Special Events Recycling: Small Events – 10 collapsible, portable receptacles $49.00 for each 10 receptacles, per event Dumpster Package – 1 x 8 CY dumpster service, plus 10 collapsible, portable receptacles $99.00 per event Dumpster Package – Extra 8 CY empty $99.00 each The Director of Solid Waste may establish rates for additional sizes and levels of service. MINIMUM BILLING The minimum billing required is the amount of service provided and applicable for each billing period. BILLING Commercial accounts will either be billed monthly or bi-weekly, depending upon the discretion of the Director of Solid Waste. ACCEPTABLE RECYCLABLE MATERIALS Acceptable materials depend on local commodities markets and will be mutually agreed upon by the commercial recycling customer and the City. NON-ACCEPTABLE MATERIALS 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. RIGHT OF LOAD REFUSAL 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. 16 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. RECYCLABLE MATERIALS SALES Recyclable glass, plastic, metals, wood, and fiber materials may be sold at no less than forty-five percent of the current market index price. 17 SCHEDULE SWP COLLECTION AND TRANSPORTATION SERVICES PERMIT (Effective 10/01/07) 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. 18 The City will establish the number of permits to be issued in each materials category. EXCLUSIONS 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. FEES 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 thirty (30) calendar days following the end of each calendar quarter. Interest charges, late charges, and other fees will accrue for delinquent quarterly payments. st Permits are issued annually and are effective from January 1 or the date of issuance, whichever is st later, through December 31 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 st application materials. Early submittal of applications, by December 1, will eliminate the possibility st of permits being issued after January 1. Container fees apply to each container placed by the permittee within the City limits of Denton, and non-city owned containers serviced by the city, 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. 2.Service Fee: $1,000 per vehicle annually or 4% of Gross Revenue from services provided 19 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 month. 20 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.] I.Non-City Owned Refuse Container Permit For non-city owned refuse containers serviced by the city, the container owner shall pay a container permit fee of $3.00 per cubic yard, per container, annually, billed on the solid waste service bill. SMALL 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.If applicable, container fees of $3.00 per cubic yard, per container, annually. d.If applicable, a Right-of-Way fee of $3.00 per cubic yard, per container, per month. SERVICE FEE CALCULATIONS 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. INTEREST CHARGES, LATE 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 below: 21 Quarter Payment Received by City in Month January – March April April – June July July – September October October – December January Payments not received during the month in which they are due will begin incurring interest charges of 1½ % 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. PENALTIES / NO OPERATIONS DECLARATION 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. RECLASSIFICATION OF RECYCLABLES 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 RENEWAL 22 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. 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. REVOCATION OR NON-RENEWAL OF PERMITS 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. 23 SCHEDULE SWL SANITARY LANDFILL SERVICES (Effective 10/1/07) A. MUNICIPAL SOLID WASTE (MSW) DISPOSAL RATES: 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. Volume based rates may be charged based on the gross body volume capacity of a hydraulically dumped commercial vehicle(s). MSW C&D Uncompacted $7.30 / cubic yard $6.90 / cubic yard Compacted $8.10 / 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. MINIMUM LANDFILL CHARGE There shall be a $15.00 minimum charge per load for all materials delivered to the landfill. C. MIXED LOADS 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. 24 D. TIRES 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 > than a 24.5” wheel diameter $15.00 E. YARD WASTE 1. Whole trees and stumps $48.75 / ton 2. Clean bagged or un-bagged grass, leaves $16.25 / ton or brush in less than twelve (12’) foot lengths 3. Clean bagged or un-bagged grass, leaves, $27.00 / ton or brush greater than twelve (12’) lengths All contaminated yard waste in this category will be charged a MSW disposal rate. F. APPLIANCES 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 MATERIALS $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. Rates are per Cubic Yard Vehicle Gross Volume – In Cubic Yards (CY’s) Sand Clay Mixed 1.0 – 3.0 CY’s $5.00 $8.00 $7.50 3.1 – 8.0 CY’s $3.00 $5.00 $4.50 8.1 – 16.0 CY’s $2.50 $4.00 $3.75 16.1 – 28.0 CY’s $2.00 $3.20 $3.00 28.1 – 50.0 CY’s $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 25 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 USED CONTAINER SALES 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. SPECIAL 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. UNSECURED LOADS 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 CHARGES 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. M. BILLING Landfill accounts will either be billed monthly or bi-weekly, upon the discretion of the Director of Solid Waste. 26 SECTION 2. 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 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 3. 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. 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. 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 6. This ordinance shall become effective, charged, and applied to all solid waste services rendered on and after October 1, 2007; 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 ______________________, 2007. __________________________________ PERRY R McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ 27 APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: __________________________________ 28 Û¨¸·¾·¬ ë ORDINANCE NO. 2007-________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR THE SCHEDULE OF MISCELLANEOUS FEES, DEPOSITS, BILLINGS AND PROCEDURES FOR ADMINISTRATIVE SERVICES TO CITY UTILITIES CUSTOMERS CONTAINED IN ORDINANCE NO. 2006-263; 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 Meter Connection Charge 3 Meter Reconnection Charge 3 Unauthorized Usage Penalty 4 B. METER CHARGES Meter Reading 5 Meter Testing 5 Meter Tampering and/or Damage Charge 5 Meter Inaccessibility Charge 6 C. MISCELLANEOUS FEES, CHARGES AND DEPOSITS Returned Payment Charge 7 Service Deposits 7 Waiver of Service Deposits 8 1 Late Payment Charge Due on Delinquent Balances 8 Interest Charge on Past Due Account Balance 9 Credit Report Charge 9 Interest Earned on Contract Retainage 9 2 ACCOUNT CONNECTION AND RECONNECTION CHARGES (Effective 10/01/07) For the purposes of this rate schedule, business hours shall be defined as Monday through Friday, 8:00 AM to 5:00 PM. METER CONNECTION CHARGE APPLICATION Applicable when a customer requests service on a first time basis where no permanent service previously existed and where a new account number is established or, 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 $55.00 same day service First Service Requested, after $55.00 business hours METER RECONNECTION CHARGE APPLICATION Applicable when a customer’s account is processed for disconnection due to nonpayment. CHARGE Meter Reconnection Charge $ 30.00 (When service is disconnected at the meter socket) Meter Reconnection Charge $110.00 (When service is disconnected at the transformer) Reconnect Charge, guaranteed same day service (In addition to normal reconnect charges) $ 55.00 Reconnect Charge, after business hours (When service is disconnected at the meter socket) $ 55.00 3 Reconnect Charge, guaranteed same day service (When service is disconnected at the transformer) $145.00 Reconnect Charge, after business hours (When service is disconnected at the transformer) $145.00 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 10/01/07) 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 10/01/07) 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, §71.004, 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 $10.00 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 INTEREST EARNED ON CONTRACT RETAINAGE Contract retainage will earn interest for the contractor as provided by TEX. REV. CIV. STAT. ANN. Article 6252, Sec.5b (Vernon Supp. 1992). The rate of interest will be adjusted semi- annually to equal the interest rate of a one year United States Treasury Note on October 1 and April 1 of each year. Payment of the interest shall be made at the time the retainage is paid to the contractor. SECTION 2. That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are inconsistent, or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. 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 9 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 services occurring on and after October 1, 2007; and a copy of said 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 _______________________, 2007. ______________________________ PERRY MCNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: ___________________________________ 10 Û¨¸·¾·¬ ê ORDINANCE NO. 2007- ________ 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 may 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 $450.00 51 – 100 spaces $600.00 101 – 250 spaces $750.00 251 – 500 spaces $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 $175.00 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 $175.00 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 1.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, 2007. 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 _________________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY By: _________________________________ 3 Û¨¸·¾·¬ é 1MINUTES 2PUBLIC UTILITIES BOARD 3August 13, 2007 4 5After determining that a quorum of the Public Utilities Board of the City of Denton, Texas was 6present, the Chair of the Public Utilities Board thereafter convened into an Open Meeting on 7Monday, August 13, 2007 at 9:12 a.m. in the Service Center Training Room, City of Denton 8Service Center, 901-A Texas Street, Denton, Texas. 9 Present: 10 Chair Charldean Newell, Bob Bland, John Baines and Randy Robinson 11 Absent 12: Dick Smith, Bill Cheek and Phil Gallivan, excused 13 14 Ex Officio Members: 15 Howard Martin, ACM Utilities 16 George C. Campbell, City Manager, excused 17 OPEN MEETING: 18 19 ITEMS FOR INDIVIDUAL CONSIDERATION 20: 21 225) Consider recommending approval of the Denton Municipal Electric (DME) Water, 23Wastewater, Solid Waste Rate, Engineering and Miscellaneous Fees Ordinances for FY 242007-08. 25 26Howard Martin, ACM, stated that the rate ordinances for consideration support the capital plan 27and budgeting process and that most of the rate ordinances, with the exception of water and solid 28waste, are very straight forward with either no changes or very minor changes. Staff was 29prepared to go through the water ordinance first, the solid waste next and if the Board has any 30questions on any of the other ordinances, staff will respond at that time. 31 32Tim Fisher, Assistant Director of Water Utilities, presented the Water Ordinance stating that the 33proposed rate changes would support the proposed FY 2007-08 budget and FY 2008-12 CIP. 34 35As part of prior Water budget discussions, staff recommended and received approval for a 3% 36rate revenue increase. Staff presented two options to accomplish the 3% adjustment over the 37next 5 years. 38 39Option 1 – Rate increases based on the 2005 rate study and adjustments are designed for rate 40stability. Option 1 accomplishes the goal of an additional $750,000 of revenue needed to 41meet revenue requirements. The various increases are designed to generate revenue stability, 42by placing more emphasis on the facility charge and base volumes, and decrease the gap 43between residential and commercial facility charges in the 3/4” to 1” meter sizes. To reduce 44the differential between the three meter sizes staff is recommending increasing the residential 45facility charge and lowering the commercial facility charge for the three smallest meters. 46Option 2 – 3% rate increase to all residential and commercial retail rates 47 48Fisher pointed out that although customer care costs have continued to increase, facility charges 49have not increased in over a decade. Board Member Robinson observed that while on the Minute of the Public Utilities Board meeting August 13, 2007 2 of 2 1surface it appears that the residential customers would bear the brunt of the increases, in reality 2the increases for the most commonly used meter sizes for both commercial and residential 3customers makes Option 1 equitable. 4 Board Member Bland moved to approve Option 1 with a second from Board Member 5 Robinson. The motion was approved by a 4-0 vote. 6 7 8Fisher next presented the Wastewater Rate stating that there were no proposed changes for FY 92007-2008. 10 Board Member John Baines moved to approve with a second from Board Member Bland. 11 The motion was approved by a 4-0 vote. 12 13 14Howard Martin, ACM, presented the electric ordinance stating there was only one change and 15that was to the description of Decorative Street Lighting to Non Standard Street Lighting to more 16clearly define the service provided. 17 Board Member Robinson moved to approve the electric rate ordinance with a second from 18 Board Member Baines. The motion was approved by a 4-0 vote. 19 20 21Vance Kemler, Director of Solid Waste, stated that the proposed Solid Waste Ordinance this year 22maintains its residential and commercial refuse rates along with its landfill rates. The curbside 23recycling rate is proposed for an increase at $.50 per month which is $4.00 per month per single 24family residence. There is no increase proposed to multi-family recycling rates. There are few 25minor changes throughout the document such as changing the frequency of billing in certain 26instances, for example, a change allowing monthly or bi-weekly billing for landfill and 27commercial services. This change is to reduce bad debts and improve cash flow, particularly for 28landfill customers or roll off customers with temporary service who may not be around when the 29monthly billing is sent. 30 31Board Member Baines asked about strategy to publicize the increase to customers. Martin 32replied that each year an itemized rate brochure is published and provided to customers. 33 Board Member Bland moved to approve the solid waste/recycling ordinance with a second 34 from Board Member Robinson. The motion was approved by a 4-0 vote. 35 36 37Martin presented the Engineering and Miscellaneous Ordinances stating there were no changes 38proposed. 39 Board Member Baines moved to approve the Engineering Ordinance with a second from 40 Board Member Bland. The motion was approved by a 4-0 vote. 41 42 Board Member Robinson moved to approve the Miscellaneous Ordinance with a second 43 from Board Member Baines. The motion was approved by a 4-0 vote. 44 45                                    AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Finance ACM: Jon Fortune _____________________________________________________________________________ SUBJECT Consider approval of a resolution reviewing and adopting the Investment Policy for funds for the City of Denton; designating an investment officer; providing a savings and a repealing clause; and providing an effective date. The Investment Committee recommends approval (5-0). BACKGROUND In accordance with the Public Funds Investment Act, the City of Denton Investment Policy must be approved by City Council at least annually. The Policy establishes investment parameters and guidelines for the investment program. It also designates the authorized investment officer responsible for the daily investment activity by the City. After review of the Investment Policy, staff is recommending the following changes: Change reference to Chief Finance Officer to Director of Finance. Page 4 delegate the day to day activities to a responsible individual who has received the appropriate training required by state Page 5 remove the monthly reporting requirement. th Page 11, VIII Selection of Banks and Dealers, B-Investment Broker Dealers add a 5 . Some brokers provide additional services such as portfolio review and analysis, as well as, daily commentary that are a valuable resource that is not currently part of the review process. Page 12, VIII Selection of Banks and Dealers, D-Diversification remove section D limiting brokers to 40% of least three quotes for each investment. Staff believes getting three quotes and purchasing the highest yield is sufficient control over the brokers. Since the brokers do not hold the investments, the concern of a broker not being able to provide services for the purchased investments is no longer relevant. The above changes are meant to clarify job titles based on the current organizational chart, and provide some flexibility in broker evaluation and investment purchases. OPTIONS 1. Approve the P 2. Recommend no changes or recommend additional changes to the Policy. Agenda Information Sheet September 25, 2007 Page 2 RECOMMENDATION Staff recommends approval of Investment Policy 403.06 with the recommended changes. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Investment Committee recommended approving the Investment Policy with the above changes on September 18, 2007, 5-0. Respectfully submitted: Bryan Langley Director of Finance Prepared by Gary Calmes Interim Treasury Manager CITY OF DENTON Page 1 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE FINANCE POLICIES REFERENCE NUMBER: SECTION: 403.06 INITIAL EFFECTIVE DATE: INVESTMENTS SUBJECT: 02/17/87 LAST REVISION DATE: INVESTMENT POLICY TITLE: 2/05 I.PURPOSE minimum amount of cash in its bank accounts to meet daily needs, and to provide protection for its principal and liquidity while receiving the highest yield possible from investing all temporary excess cash. This policy serves to satisfy the statutory requirements of defining and adopting a formal investment policy. The policy and strategy shall be reviewed annually by the Investment Committee and City Council who will formally approve any modifications. This investment policy, as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex. Chapter 2256, effective September 1, 1997. II.SCOPE A.This Investment Policy applies to the investment activities of the City of Denton, Texas. The specific funds cited hereafter in Section IIB, shall be excluded from this Investment Policy. [All financial assets of all funds, including the General Fund and any other accounts of the City not specifically excluded in these policy guidelines are included. These funds are funds, as well as funds that may be created from time-to-time, shall be administered in accordance with the provisions of these policies. All funds will be pooled for investment purposes. The strategy developed for this pooled fund group will address the varying needs, goals, and objectives of each fund. B.This policy shall not govern funds, which are managed under separate investment programs Retirement Fund of the City of Denton; the Fir City of Denton; other funds established by the City for deferred employee compensation; revenue bond reserve funds; and certain private donations. The City shall and will maintain responsibility for these funds to the extent required by: Federal and State Law; the City Charter; and donor stipulations. III.INVESTMENT OBJECTIVE & STRATEGY available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Resolution requirements, adopted Investment Policy and adopted Investment Strategy. In accordance with the Public Funds Investment Act, the following prioritized objectives (in order of investment strategies: Page 2 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 A.Suitability Understanding the suitability of the investment to the financial requirements of the City. Any investment eligible in the Investment Policy is suitable for all City funds. B.Safety Preservation and safety of principal. All investments will be of high quality securities with no perceived default risk. Market price fluctuations will however occur, by managing the weighted average days to maturity for each fund type as specified. C.Liquidity To enable the City to meet operating requirements that might be reasonably achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. Short-term investment pools and money market mutual funds provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. D. Marketability Securities with active and efficient secondary markets are necessary in the and offer prices of a particular security type of less than a quarter of a percentage point shall define an efficient secondary market. E. Diversification Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the anticipated needs of the City. Diversifying the appropriate maturity structure will reduce market cycle risk. F. Yield Attaining a competitive market yield for comparable security-types and portfolio restrictions are the desired objective. The yield of an equally weighted, rolling six-month objective will be to obtain a yield equal to or in excess of a local government investment pool, money market mutual fund or average Federal Reserve discount rate. The first measure of success in this area will be the attainment of enough income to offset inflationary incre shall constantly be cognizant of the standard of care and the investment objectives pursuant to the provisions of the amended Act, Section 2256.006(a). The Director of Finance shall avoid any transactions that might impair public confidence in the portfolio, occasional measured losses due to market volatility are inevitable, and must be adequate diversification has been implemented. The prudence of the investment decision shall be measured in accordance with the tests set forth in Section 2256.006(b) of the Act. IV.INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS Each major fund type has varying cash flow requirements and liquidity needs. Therefore specific shall funds shall be analyzed and invested according to the following major fund types: Page 3 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 A.Operating Funds Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to structure a portfolio, which will minimize volatility during economic cycles. This may be accomplished by purchasing high quality, short-term securities, which will complement each other in a laddered maturity structure. A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity date of each security. B.Debt Service Funds Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date, which exceeds the debt service payment date. A dollar weighted average maturity of 550 days or less will be maintained and calculated by using the stated final maturity date of each security. C. Debt Service Reserve Funds Investment strategies for debt service reserve emergency and contingency funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate fund from securities with a low degree of volatility. Securities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of short to intermediate-term maturities with stated final maturities not exceeding five (5) years. Volatility shall be further controlled through the purchase of securities carrying the highest coupon available, within the desired maturity and quality range, without paying a premium, if at all possible. Such securities will tend to hold their value during economic cycles. A dollar weighted average maturity of 650 days or less will be maintained. C.Construction and Special Purpose Funds Investment strategies for construction projects or special purpose fund portfolios will have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project completion date. A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity of each security. E. Market prices for all public fund investments will be obtained and monitored through the use of Interactive Data Inc., an on-line data service or a similar qualified successor agency. V.INVESTMENT COMMITTEE Members There is hereby created an Investment Committee consisting of the City Manager, Assistant City Manager, Director of Finance, Mayor, and one member of the City Council. Scope The Investment Committee shall meet at least quarterly to determine general strategies and to monitor results. Included in its deliberations will be such topics as: economic outlook, portfolio and the target rate of return on the investment portfolio. Page 4 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 Procedures The Investment Committee shall provide minutes of its meetings. Any two members of the Investment Committee may request a special meeting, and four members shall constitute a quorum. The Investment Committee shall establish its own rules of procedures. VI.RESPONSIBILITY AND STANDARD OF CARE A.Delegation & Training The management responsibility for the investment program is hereby delegated to the Assistant City Manager, who shall establish written procedures for the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to the individual(s) responsible for investment transactions. The primary individual who shall be involved in investment activities will be the Director of Finance. The Director of Finance may delegate the day to day activities to a responsible individual who has received the appropriate training required by state statute. The Assistant City Manager and Director of Finance are designated as the Investment Officers, pursuant to section 2256.005 subsection f of the Act. Accordingly, the investment officers shall attend at least one training session relating to their responsibility under the Act within 12 months after assuming duties. These sessions and additional investment training sessions must be completed no less often than once every two fiscal years commencing September 1, 1997 and these financial officers shall receive not less than 10 hours of instruction relating to investment responsibilities. The training must include education in investment controls, security risks, strategy risks, market risks, and compliance with the Public Funds Investment Act. The investment training session shall be provided by an independent source approved by the investment committee. For purposes of this policy, om which investment training shall be obtained shall include a professional organization, an institute of higher learning or any other sponsor other than a Business Organization with whom the City of Denton may engage in an investment transaction. Thus, these independent sources will be training sessions sponsored by Government Treasurers Organization of Texas (GTOT), University of North Texas (UNT), Government Finance Officers Association of Texas (GFOAT). No persons may engage in investment transactions except as provided under the terms of this policy and the procedures established by the Assistant City Manager. The Assistant City Manager shall be responsible for all transactions undertaken, and shall establish a system of control to regulate the activities of the Director of Finance. The controls shall include a quarterly process of independent review by an individual or firm designated by the Assistant City Manager, and an annual review by an external auditor. The reviews will provide internal control by assuring compliance with policies and procedures. The Assistant City Manager, Director of Finance, Mayor, City Council, City Manager and other Finance employees shall be personally indemnified in the event of investment loss provided the Investment Policies and Guidelines are followed. B.Conflicts of Interest All participants in the investment process shall seek to act responsibly as custodians of public assets. Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. C.Disclosure Anyone involved in investing City funds shall file with the Assistant City Manager and the Investment Committee a statement disclosing any personal business relationship and any material financial interest in a business organization that handle City of Page 5 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 Denton investments. An investment officer has a personal business relationship with a business organization if: 1.The investment officer owns 10% or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; 2.Funds received by the investment officer from the business organization exceed 10% of the investment officers gross income for the prior year; or 3.The investment officer has acquired from the business organization during the prior year investments with a book value of $2,500 or more for the personal account of the investment officer. Any investment officer who is related within the second degree by affinity or consanguinity sell an investment to the City shall file a statement disclosing that relationship with the City Council and the Texas Ethics Commission. D.Prudence The standard of prudence to be used by the investment officials shall be the judgement and care under circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the Investment officials acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibilities for an individual reported in a timely fashion and appropriate action is taken to control adverse developments. E.Reporting Quarterly The Director of Finance shall prepare and present to the Investment Committee reporting period. The report shall: 1) describe in detail the investment position of the City as of the end of the reporting period, 2) prepared jointly by all investment officers, 3) signed by each investment officer, 4) contain a summary statement of each pooled fund including a) beginning market value for the reporting period, b) additions and changes to the market value during the period; c) ending market value for the period; and d) fully accrued interest for the reporting period. The summary statement for each fund group must be prepared in compliance with Generally Accepted Accounting Principles (GAAP). 5) State the book value and market value of each separately invested asset at the beginning and end of the reporting period by type of asset and fund type invested; 6) state the maturity date of each separately invested asset that has a maturity date, 7) state the account or fund or pooled group fund for which each individual investment was acquired; and 8) state the compliance of the investment portfolio of the City as it relates to the investment strategy of the City and with relevant provisions of the Tex. Page 6 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 Annually Within one hundred-twenty (120) days of the end of the Fiscal Year, the Director of Finance shall present a comprehensive annual report to the City Council on the investment program and investment activity. The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program. The City Council shall review and approve the investment policy and investment strategies at least annually and be documented by rule, order, ordinance or resolution which shall include any changes made. Compliance Audit of the quarterly reports in conjunction with the annual financial audit. The results of the audit will be reported to City Council upon receipt. The audit will review compliance with management control on investments and adherence to this policy. F.The guidelines of retaining records for seven years as recommended in the Texas State Library Municipal Records Manual should be followed. The Director of Finance shall oversee the filing and/or storing of investment records. VII.SUITABLE AND AUTHORIZED INVESTMENT SECURITIES A.Active Portfolio Management The City intends to pursue an active versus a passive investment management philosophy. That is, securities may be sold before they mature if market conditions present an opportunity for the City to benefit from the trade. (Subsection E) B.Authorized Investments (Per HB 2459 and Sections 2256.009 through 2256.017 of the Act) Assets of funds of the government of the City of Denton may be invested in: 1.Obligations of the United States of America, its agencies and instrumentalities (maturing in less than five (5) years; which have a liquid market with a readily determinable market value; 2.Investment - grade, direct obligations of the State of Texas (maturing in less than two (2) years); 3.Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, a or its equivalent (maturing in less than two (2) years); 4.Fully insured or collateralized Certificates of Deposit issued by state and national banks or savings bank or a state or federal credit union, domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; secured by obligations described in 1 through 3 above, and that have a market value of not less than the principal amount of the certificates but excluding those mortgage backed securities as described in the Tex. (maturing in less than one (1) year); Page 7 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 5.Fully collaterized direct repurchase agreements (whose underlying purchased securities consist of the foregoing) with a defined termination date secured by obligations of the United States or its agencies and instrumentalities pledged with a third party, selected and approved by the City through its Director of Finance, other than an agency for the pledgor and deposited at the time the investment is made with the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in Texas. Repurchase Agreement (termination date must be 30 days or less); 6.Commercial paper that has a stated maturity of 270 days or less from the date of issuance and is rated A-1 or P-1 or an equivalent rating by at least two nationally recognized rating agencies. 7.a. Public Fund Investment Pools with a weighted average maturity of 90 days or less. The pool must be approved (by resolution) by the City Council to provide services to the City. The pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. A public funds investment pool created to function as a money market mutual fund must mark to market daily and, stabilize at a $1 net asset value. b.To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1)the types of investments in which money is allowed to be invested; (2)the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3)the maximum stated maturity date any investment security within the portfolio has; (4)the objectives of the pool; (5)the size of the pool; (6)the names of the members of the advisory board of the pool and the dates their terms expire; (7)th (8)whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9)whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10)the name and address of the independent auditor of the pool; (11)the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12)the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios. Page 8 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 c.To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (1)investment transaction confirmations; and (2)a monthly report that contains, at a minimum, the following information: (A)the types and percentage breakdown of securities in which the pool is invested; (B)the current average dollar-weighted maturity, based on the stated maturities of the pool; (C) have stated maturities of more than one year; (D) using amortized cost valuation; (E)the size of the pool; (F)the number of participants in the pool; (G)the custodian bank that is safekeeping the assets of the pool; (H)a listing of daily transaction activity of the entity participating in the pool; (I)the yield and expense ratio of the pool; (J)the portfolio managers of the pool; and (K)any changes or addenda to the offering circular. 8.An SEC-registered, no load money market mutual fund which has a dollar weighted average stated maturity of 90 days or less whose assets consist exclusively of the assets described in section B.1. and whose investment objectives includes the maintenance of a stable net asset value of $1 for each share: furthermore, it provides the City with a prospectus and other information required by the SEC Act of 1934 or the Investment Advisor Act of 1940 and which provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 USC. Section 78a et. Seq.) or the Investment Company Act of 1990 (15 USC Section 80a-1 et. Seq.). 9.Other such securities or obligations which are authorized by the Act as approved by City Council upon recommendation of the Investment Committee. C.Prohibited Investments those allowed by State law. Furthermore, this policy specifically prohibits investment in the following investment securities. 1.Obligations, whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal. 2. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest. 3. Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years. Page 9of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 4.Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. D.Diversification It is the policy of the City to diversify its investment portfolios. The diversification will protect interest income from the volatility of interest rates and the avoidance of undue concentration of assets in a specific maturity sector; therefore, portfolio maturities shall be staggered. Securities shall also be selected and revised periodically by the Investment Committee. In establishing specific diversification strategies, the two (2) following general policies and constraints shall apply: 1.Risk of market price volatility shall be controlled through maturity diversification and by controlling unacceptable maturity extensions and a mismatch of liabilities and assets. The maturity extension will be controlled by limiting the weighted average maturity of the entire portfolio to 550 days. All long-term maturities will be intended to cover long-term liabilities. In addition, five (5%) percent of the funds in the portfolio will be liquid at all times. 2.The Investment Committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in U.S. Treasury Securities, federal agency instrumentalities, repurchase agreements, and insured/collateralized certificates of deposit and other securities or obligations. The Investment Committee shall conduct a quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. 3.Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations. Investment Type% of Portfolio U.S. Treasury Notes/Bills 100% U.S. Agencies & Instrumentalities 100% State of Texas Obligations & Agencies 15% Local Government Investment Pools 50% Local Government Obligations (AA) 10% Repurchase Agreements 25% Certificates of Deposit 100% U.S. Government Money Market Funds 50% U.S. Treasury Notes & U.S. Agency Callables 35% By Institution: Repurchase Agreements No more than 10% All Other No more than 40% Investment Pools No more than $10,000,000 E.Security swaps may be considered as an investment option for the City. A swap out of one instrument into another is acceptable to increase yield, realign for disbursement dates, extend or shorten maturity dates and improve market sector diversification. Swaps may be Page 10 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 required for each swap proving benefit to the City before the trade decision is made, which will accompany the investment file for record keeping. F.All inv at least three (3) institutions. The Investment Committee can approve exceptions on a case by case basis or on a general basis in the form of guidelines. These guidelines shall take into consideration the investment type maturity date, amount, and potential disruptiveness to the best yield/quality to the City. The quotes may be accepted orally, in writing, electronically, or any combination of these methods. G.Arbitrage Due to the bond issuance sizes of which the City incurs on a regular basis, arbitrage should be addressed. The Tax Reform Act of 1986 provided limitations restr- exempt General Obligation Bond proceeds and debt service income. New arbitrage rebate provisions require that the City compute earnings on investment from each issue of bonds on an annual basis to determine if a rebate i position, the City is required to perform specific calculations relative to the actual yield earned on the investment of the funds and the yield that could have been earned if the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provision states that periodically (not less than once every five years, and not later than sixty days after maturity of the bonds), the City is required to pay the U.S. Treasury a rebate of excess earnings based on the City being in a positive arbitrage position. The Tax Reform restrictions require extreme precision in the monitoring and recording facets of investments as a whole, and particularly as they relate to yields and computations so as to insure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. pursuit of maximizing yield on applicable investments while insuring the safety of capital and liquidity. It is a fiscally sound position to continue maximization of yield and rebate excess earnings, if necessary. Page 11 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 VIII.SELECTION OF BANKS AND DEALERS A.Depository City Council shall, by ord requirement of Tex. Loc. The bank shall be selected primarily on d secondly, on rate of interest available. The Director of Finance shall conduct a comprehensive review of prospective depositories credit characteristics and financial history. The bank shall be selected through a formalized bidding process in request for proposal (RFP) outlining all services required. The Investment Committee shall have the discretion to determine the time span for rebidding the banking services contract; however, a two year period will be the minimum length of time between bidding with a 5 year maximum period. competitive certificate of deposit purchase program shall submit financial statements, evidence of Federal insurance and other information as required by the Director of Finance. B.Investment Brokers/Dealers The Investment Committee shall be responsible for adopting the list of brokers and dealers of government securities. Their selection shall be among only primary government securities dealers that report directly to the New York Federal Reserve Bank, unless a comprehensive credit and capitalization analysis reveals that other firms are adequately financed to conduct public business. The Investment Committee shall base its evaluation of security dealers and financial institutions upon: 1.Financial conditions, strength and capability to fulfill commitments; 2.Overall reputation with other dealers or investors; 3.Regulatory status of the dealer; 4.Background and expertise of the individual representatives. 5.Ability to provide additional advisory services. The Director of Finance shall conduct business with securities dealers approved by the Investment Committee or with banks selected as outlined in VIII. Furthermore, the committee must annually review this list of qualified brokers authorized to engage in investment transactions with the City. The above criterion will be evidenced by the following indicators: delivery method for securities, capitalization of firm, lawsuits pending against firm, credit worthiness of firm, reports and research that are available, training of staff, primary versus secondary status of firm, and the presentment of a signed qualified broker statement. Each indicator will be weighted equally in the overall evaluation. Investment Officers shall not conduct business with any firm with whom public entities have sustained losses on investments or whose name the Investment Committee has removed from an approved list. Page 12 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 C.Compliance A qualified representative from any firm offering to engage in investment transactions with the City is required to sign a written instrument. This certifies that they acknowledge that it has implemented reasonable procedures and controls in an effort to investment policy. Approved brokers and dealers must complete Exhibit A and return it to the Director of Finance person who has not delivered the required written instrument to the City. IX.PRINCIPAL PROTECTION AND SAFEKEEPING A. be secured by pledged collateral with a market value equal to no less than 102 percent of the principal plus accrued interest less an amount insured by FDIC or FSLIC. Evidence of trust department or at a third party institution not affiliated with the bank or bank holding company will be maintained in the office of the Director of Finance all time. The Assistant City Manager, Director of Finance or other authorized City Representative will approve and release all pledged collateral. Collateral will be reviewed monthly to assure the market value of the securities pledged exceeds investments and/or the related bank balances. The Committee shall request additional collateral in the event they deem that their deposits and investments are not sufficiently protected by the pledged collateral. B.Safekeeping procedures shall be established by the Investment Committee, which clearly funds are in jeopardy. Collateral safekeeping and substitution agreements will be a part of the procedure. C.Collateral Defined The City of Denton shall accept only the following securities as collateral: 1.FDIC and FSLIC insurance coverage. 2.United States Treasuries & Agencies. 3.Other securities as approved by the Investment Committee. D.Delivery vs. Payment All transactions will be executed with authorized security dealers and financial institutions on a delivery-versus-payment (DVP) basis. That is, funds shall not be wired or paid until verification has been made that the Trustee received the collateral. The collateral shall be held in the name of the City or held on behalf of the City. The securities. The original copy of all safekeeping receipts shall be delivered to the City. at the Federal Reserve Bank. E.Subject to Audit All collateral shall be subject to inspection and audit by the Director of Finance Page 13 of 13 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE REFERENCE NUMBER: TITLE: INVESTMENT POLICY 403.06 X.MANAGEMENT AND INTERNAL CONTROLS The Director of Finance, or designee, shall establish a system of internal controls, which shall be reviewed by an independent auditor. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, and misrepresentation by third parties, unanticipated changes in financial markets, or imprudent actions by employees or Investment Officers of the City. Controls and managerial emphasis deemed most important that shall be employed include the following: Imperative Controls: -Custodian safekeeping receipts records management -Avoidance of bearer-form securities -Documentation of investment bidding events - Written confirmation of telephone transactions -Reconcilements and comparisons of security receipts with the investment subsidiary records -Compliance with investment policies -Verification of all interest income and security purchase and sell computations Controls Where Practical: -Control of Collusion -Separation of duties -Separation of transaction authority from Accounting and Record-keeping -Clear delegation of authority -Accurate and timely reports -Validation of investment maturity decisions with supporting cash flow data -Adequate training and development of Investment Officials -Review of financial conditions of all brokers, dealers, and depository institutions - Staying informed about market conditions, changes and trends that require adjustments in investment strategies. AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Central Business District Association of Denton, Texas, dba Denton Main Street Association for the payment and use of hotel tax revenue; and providing an effective date. BACKGROUND This association is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a one-year term beginning January 1, 2008 through midnight December 31, 2008. 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 that were included in the 2007-08 proposed budget and were presented during the Council work session on July 25, 2007. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $40,850 for FY 2007-2008 and has been included in the Annual Program of Services. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Air Fair, Inc. for the payment and use of hotel tax revenue; and providing an effective date. BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a one-year term beginning January 1, 2008 through midnight December 31, 2008. 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 that were included in the 2007-08 proposed budget and were presented during the Council work session on July 25, 2007. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $11,000 for FY 2007-2008 and has been included in the Annual Program of Services. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Black Chamber of Commerce 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, 2008 through midnight December 31, 2008. 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 that were included in the 2007-08 proposed budget and were presented during the Council work session on July 25, 2007. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $18,000 for FY 2007-2008 and has been included in the Annual Program of Services. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager 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, 2008 through midnight December 31, 2008. 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 that were included in the 2007-08 proposed budget and were presented during the Council work session on July 25, 2007. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $699,500 for FY 2007-2008 and has been included in the Annual Program of Services. Respectfully submitted: Bryan Langley Director of Finance                                    AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Community Theatre, Inc. for the payment and use of hotel tax revenue; and providing an effective date. BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a one-year term beginning January 1, 2008 through midnight December 31, 2008. 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 that were included in the 2007-08 proposed budget and were presented during the Council work session on July 25, 2007. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $25,000 for FY 2007-2008 and has been included in the Annual Program of Services. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an interlocal agreement between the City of Denton and Denton County for the payment and use of hotel tax revenue in support of the Courthouse-on-the-Square, the Bayless-Selby House and the African American Museums; 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, 2008 through midnight December 31, 2008. 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 that were included in the 2007-08 proposed budget and were presented during the Council work session on July 25, 2007. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $106,550 for FY 2007-2008 and has been included in the Annual Program of Services. Respectfully submitted: Bryan Langley Director of Finance                                    AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Festival Foundation for the payment and use of hotel tax revenue; and providing an effective date. BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a one-year term beginning January 1, 2008 through midnight December 31, 2008. 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 that were included in the 2007-08 proposed budget and were presented during the Council work session on July 25, 2007. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $90,000 for FY 2007-2008 and has been included in the Annual Program of Services. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Denton Holiday Festival Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a one-year term beginning January 1, 2008 through midnight December 31, 2008. 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 that were included in the 2007-08 proposed budget and were presented during the Council work session on July 25, 2007. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $8,300 for FY 2007-2008 and has been included in the Annual Program of Services. Respectfully submitted: Bryan Langley Director of Finance                                    AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Greater Denton Arts Council for the payment and use of hotel tax revenue to promote tourism and the convention and hotel industry; 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, 2008 through midnight December 31, 2008. 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 that were included in the 2007-08 proposed budget and were presented during the Council work session on July 25, 2007. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $128,000 for FY 2007-2008 and has been included in the Annual Program of Services. Respectfully submitted: Bryan Langley Director of Finance                                    AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Historical Park Foundation of Denton County, Inc. for the payment and use of hotel tax revenue; and providing an effective date. BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a one-year term beginning January 1, 2008 through midnight December 31, 2008. 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 that were included in the 2007-08 proposed budget and were presented during the Council work session on July 25, 2007. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $9,000 for FY 2007-2008 and has been included in the Annual Program of Services. Respectfully submitted: Bryan Langley Director of Finance                                    AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the North Texas State Fair Association 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, 2008 through midnight December 31, 2008. 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 that were included in the 2007-08 proposed budget and were presented during the Council work session on July 25, 2007. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $80,000 for FY 2007-2008 and has been included in the Annual Program of Services. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Treasury ACM: Jon Fortune SUBJECT Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and the Tejas Storytelling Association, Inc. for the payment and use of hotel tax revenue; and providing an effective date. BACKGROUND This agency is recommended to receive funding from the Hotel Occupancy Tax funds. This contract is for a one-year term beginning January 1, 2008 through midnight December 31, 2008. 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 that were included in the 2007-08 proposed budget and were presented during the Council work session on July 25, 2007. FISCAL INFORMATION The Hotel Occupancy Tax allocation for this agency is $55,000 for FY 2007-2008 and has been included in the Annual Program of Services. Respectfully submitted: Bryan Langley Director of Finance AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Alex Pettit at 349-8595 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of a Component Enterprise Agreement with the Microsoft Corporation to obtain licensing for the use of Microsoft SoftGrid software package as approved by the State of Texas Building and Procurement Commission Department of Information Resources (DIR) under #DIR-SDD-198; providing for the expenditure of funds therefor; and providing an effective date (File 3872- Purchase of Component Enterprise Agreement awarded to SHI-Government Solutions in the amount of $63,450.00, the first of three payments, for a total 3-year licensing agreement in the amount of $190,350.00). FILE INFORMATION In 2007, a review process was started to research and evaluate products that could replace the application known as Citrix Metaframe Presentation Server. The Citrix Metaframe Presentation th year life cycle and being run on obsolete hardware. The review process for a replacement application involved those applications. Microsoft SoftGrid was ultimately chosen for evaluation and placed in a rigorous test environment. The application was found to more efficiently deliver the functions SoftGrid provides features such as Licensing Management, Increased Performance, Multiple Software Versions for Compatibility, and better Printing Performance. The Licensing Management allows us to purchase only a set number of licenses rather than city wide licensing to save on costs, and then automatically restrict the use of the application based on that licensing. Increased performance is achieved by the fact that the software is now run directly on the PC, instead of connecting to a server and then running it from there. Rather than one server trying to leverage its resources for several hundred people, now the individual users PCs are performing the tasks. Multiple Software Versions is beneficial for software such as Microsoft Office or Adobe Acrobat. These applications have multiple versions of the same program installed together on the same computer. However, not everyone uses the latest version of the software. With SoftGrid, we can run multiple versions of these, and any program, allowing us to remain compatible with the needs of other municipalities and organizations. Printing Performance is another area SoftGrid will replace and improve upon Citrix. Citrix currently has poor compatibility with our printing system that Agenda Information Sheet September 25, 2007 Page 2 FILE INFORMATION (CONTINUED) The system must also be constantly updated for newer printer models. SoftGrid uses the printers installed on the PC, rather than a server. There is no delay in printing as it is sent directly from the PC. When a new model printer is made available to the user, it is ready to use with SoftGrid applications. No additional management is needed to make the printing system work, as is needed in Citrix. Finally, due to the fact that we are obtaining an Enterprise Agreement from Microsoft for the use of SoftGrid, we not only receive direct support from Microsoft for the use of SoftGrid, but for Windows as well. Currently we must contact our OEM, known as Dell to support us for issues with Windows XP or Windows 2000. In addition to SoftGrid, we will be able to receive direct support from Microsoft for these Windows products to reduce downtime due to issues with those products. Microsoft SoftGrid will be used to centralize the deployment of several different software packages such as Job Cost, Budget Reporting, Safety software for the Utility departments, software packages for Inspections and Code Enforcement, Class for Windows software for Parks to manage services to citizens, Faster for Fleet versions of Adobe Acrobat for compatibility purposes, as well as TimeClock utilized by the libraries and Solid Waste to track employee hours. It will also be used to centralize the the PC such as Microsoft Office, GroupWise email client, Customer Services utility billing system, Laserfiche imaging system, DVD/CD burning software, and alternate web browsers such as Firefox, Netscape, or Opera. See Attachment 2 for maintenance cost analysis matrix, and number of calls to the vendor. RECOMMENDATION Award to SHI-Government Solutions in the amount of $63,450.00 for the first of three annual payments of a 3-year licensing agreement in the amount of $190,350.00. PRINCIPAL PLACE OF BUSINESS SHIGovernment Solutions Austin, Texas Agenda Information Sheet September 25, 2007 Page 3 ESTIMATED SCHEDULE OF PROJECT The Component Enterprise Agreement will be paid for the three year time period of November 1, 2007 through October 31, 2010. FISCAL INFORMATION Funding for this item is budgeted in the FY2007-08 Technology Services Operating Account number 830400.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Cost Analysis 1-AIS-File 3872 SHI-Government Solutions Attachment 1 State of Texas Gov't Sales Team Attachment 1 800-870-6079 www.texas.gs.shi.com Microsoft Enterprise Agreement - State of Texas Government Pricing - DIR Contract # DIR-SDD-198 Quote to: City of Denton Darron Gross - Account Executive Paul DesJardins 1250 Capital of Texas Hwy, I-350 Austin, Texas 78746 Phone 512-634-8100 Phone: Enterprise Products Qty Per-Desktop PriceExtended Annual Price MS Non-Platform Enterprise Agreement L&SA $54,000.00 1125$48.00 (includes Windows OS) Additional Products - License & Assurance Qty Annual UnitExtended Annual Price 1125$8.40$9,450.00 Windows Desktop Optimization Pack - (.70/month/user x 12 months) $9,450.00 Total Annual Price - Additional Products Annual Price - EA Desktop + Additional Products $63,450.00 Total 3 Year EA Price $190,350.00 NOTE: ORDER FOR ENT AGREEMENT MUST BE ACCOMPANIED BY A SIGNED ORIGINAL MS ENT ENROLLMENT FORM Annual Desktop True-Up Prices Windows OS Year 1 - $140 ; Year 2 - $111 ; Year 3 - $83 Date Quoted:August 31, 2007 ORDINANCE NO. _______ AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF A COMPONENT ENTERPRISE AGREEMENT WITH THE MICROSOFT CORPORATION TO OBTAIN LICENSING FOR THE USE OF MICROSOFT SOFTGRID SOFTWARE PACKAGE AS APPROVED BY THE STATE OF TEXAS BUILDING AND PROCUREMENT COMMISSION DEPARTMENT OF INFORMATION RESOURCES (DIR) UNDER #DIR-SDD-198; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3872-PURCHASE OF COMPONENT ENTERPRISE AGREEMENT AWARDED TO SHI- GOVERNMENT SOLUTIONS IN THE AMOUNT OF $63,450.00, THE FIRST OF THREE PAYMENTS, FOR A TOTAL 3-YEAR LICENSING AGREEMENT IN THE AMOUNT OF $190,350.00). 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 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 numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" listed hereon, and on file in the office of the Purchasing Agent, are hereby approved: FILE NUMER VENDOR AMOUNT 3872 SHI-Government Solutions $190,350.00 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 _______________________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _________________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY  BY: _________________________________ 5-ORD-File 3872 AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management 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 the Harris Public Utility Billing System and associated software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 3866-Purchase of Annual Maintenance for Harris Public Utility Billing awarded to Harris Computer Systems, Inc. in the amount of $76,503.24, the first of three payments, for a total 3-year maintenance agreement not to exceed a 6.5 % increase per year for a total of $244,751.00). FILE INFORMATION The City of Denton uses the Harris Public Utility Billing System software for maintaining utility customer accounts, producing utility bills, and processing utility revenues. 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. By keeping current maintenance, the City will be able to upgrade to the newest version of the Harris NorthStar 6.2 software over the course of the next year. See Attachment 3 for maintenance cost analysis matrix, and number of support calls to the vendor. Harris Computer Systems, Inc. is the sole source vendor for maintenance for the Harris Public Utility Billing System and associated software 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 to Harris Computer Systems, Inc. in the amount of $76,503.24 for the first of three annual payments of a 3-year maintenance agreement not to exceed a 6.5% increase per year for a total of $244,751.00. PRINCIPAL PLACE OF BUSINESS Harris Computer Systems, Inc. Ottawa, Ontario, Canada Agenda Information Sheet September 25, 2007 Page 2 ESTIMATED SCHEDULE OF PROJECT Annual maintenance will be paid for November 1, 2007 through October 31, 2008. FISCAL INFORMATION Funding for this item is budgeted in the FY2007-08 Technology Services Operating Account 830400.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Letter Attachment 3: Cost Analysis 1-AIS-File 3866 Attachment 1 Denton, TX Nov 1/07 - Oct 31/08 Software PUBS, CARe & HHI32,155.28 Report Writer - PUBS2,085.54 eCARe14,380.69 Call Centre1,845.11 Test Server2,320.37 EIS866.25 53,653.24 mCARE 10,725.00 CognosNov 1/06- Oct 31/07 1 admin @ $260 260 10 Users @210.2,100.00 Nov 1/06- Oct 31/07 GUI (155 @ $63)9,765.00 Total76,503.24 **This is an automatically renewable agreement not to exceed x 6.5% per year over the next 3 years Attachment 2 ORDINANCE NO. ____________ AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR THE HARRIS PUBLIC UTILITY BILLING SYSTEM AND ASSOCIATED SOFTWARE MODULES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3866-PURCHASE OF ANNUAL MAINTENANCE FOR HARRIS PUBLIC UTILITY BILLING AWARDED TO HARRIS COMPUTER SYSTEMS, INC. IN THE AMOUNT OF $76,503.24, THE FIRST OF THREE PAYMENTS, FOR A TOTAL 3-YEAR MAINTENANCE AGREEMENT NOT TO EXCEED A 6.5 % INCREASE PER YEAR FOR A TOTAL OF $244,751.00). 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, TE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The following purchase of materials, equipment or supplies, as d and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3866 Harris Computer Systems Inc. $244,751.00 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 ____________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 5-ORD-File 3866 AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Alex Pettit 349-8595 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance approving the expenditure of funds for the purchase of Evision, a product upgrade for the Tele-Works System, along with continued vendor support of the Tele-Works System and associated hardware and software modules available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive bids; providing for the expenditure of funds therefor; and providing an effective date (File 3869-Purchase of Evision upgrade for the Tele-Works System awarded to Tele-Works, Inc., in the amount of $95,625.00). FILE INFORMATION The City of Denton uses the Tele-Works System to provide access to interactive applications and associated payment services supporting Municipal Court, Utility Customer Service, and Building Inspections by providing information and payment options for citations and utility billing and the ability to search building permits and schedule inspections. The current release of the Tele- Works System is at end of life and is not supported by the vendor. Since the banking change in 2006, the Tele-Works product is the only method that citizens can use to pay utility bills via credit cards and failure to upgrade could result in the City of Denton being unable to process credit card payments via internet or phone. With the Evision upgrade, the City of Denton will have the hardware and software capacity to -Government applications, such as Parks and Recreation online class registration and payment option and Landfill billing inquiry and payment services. Operational expenses are expected to decrease due to lower annual maintenance costs. See Attachment 3 for maintenance cost analysis matrix, and number of calls to the vendor. Tele-Works, Inc. is the sole source vendor for maintenance for the Tele-Works System and associated hardware and software 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 to Tele-Works, Inc. in the amount of $95,625.00. Agenda Information Sheet September 25, 2007 Page 2 PRINCIPAL PLACE OF BUSINESS Tele-Works, Inc. Blacksburg, VA ESTIMATED SCHEDULE OF PROJECT The Evision upgrade to the Tele-Works System will be completed by June 30, 2008. FISCAL INFORMATION Funding for this item is budgeted in the FY2007-08 Technology Services Operating Account 830200.7877. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Letter Attachment 3: Cost Analysis 1-AIS-File 3869 Attachment 1 TELE-WORKS ESTIMATE ========================================================================= Agency Name: Denton State: Texas Contact Name: Alex Pettit Teleworks Contact: Michael Richards Teleworks Phone: (540) 953-2631 ext. 455 Date: August 23, 2007 eVision Upgrade Upgrade Price Full Price Certified eVision Server (Industrial Grade) $7,000 $7,000 eVision License (24 ports @ $750/port) $18,000 $36,000 Application Migration (utility, courts, building inspection) $12,000 NA Outbound Calling $5,000 $5,000 Cisco Gateway (optional depending on ability to provide SIP trunks) $6,795 $8,000 Fax Resources (2 resources at $1000/port) $1,300 $2,000 Text-to-Speech Resources (12 ports @ $1,000 per port) $12,000 $12,000 Speech Recognition Resources (12 ports @ $1,000 per port) $12,000 $12,000 TVR Software $0 $17,000 ePayment $0 $21,950 Court Application $0 $24,950 Building Inspection Application $0 $20,000 Utility Billing Application $0 $20,000 Installation and Training $3,000 NA SUB TOTAL $77,095 $185,900 Annual Maintenance (computed at 10% of full price) $18,590 Attachment 2 August 30, 2007 Ms. Bobbie Arashiro 601 E Hickory Street, Suite E Denton, TX 76205 Dear Ms. Arashiro: Hello! I appreciate the opportunity to provide you with information regarding the Tele-Works upgrade for your current 4x system. Tele-Works is the only vendor capable in terms of tool set, software, knowledge, and authorization to provide this upgrade to your existing Tele-Works system. The current system hosts four custom developed interactive e- gov applications that can only be successfully converted and migrated to the new 6x platform by Tele-Works Inc. If you have any questions, please do not hesitate to contact your account manager, Michael Richards. Michael can be reached by email at mrichards@tele- works.com or by phone at 540-953-2631 x455. I am also happy to be of assistance in any way. We look forward to our continued relationship with the City! Sincerely, Erik Amelink VP of Business Development ORDINANCE NO. ____________ AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF EVISION, A PRODUCT UPGRADE FOR THE TELE-WORKS SYSTEM, ALONG WITH CONTINUED VENDOR SUPPORT OF THE TELE- WORKS SYSTEM AND ASSOCIATED HARDWARE AND SOFTWARE MODULES AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3869-PURCHASE OF EVISION UPGRADE FOR THE TELE-WORKS SYSTEM AWARDED TO TELE-WORKS, INC., IN THE AMOUNT OF $95,625.00). 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 and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3869 Tele-works, Inc. $95,625.00 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 ____________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 5-ORD-File 3869 AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 Questions concerning this acquisition may be directed DEPARTMENT: Materials Management to Alex Pettit, 349-8595 ACM: Jon Fortune SUBJECT Consider adoption of an Ordinance awarding a contract for the purchase of continued software maintenance and services for the LaserFiche-DocuNav Document Imaging System currently being used by the City of Denton from VP Imaging available from only one source in accordance with the provision for State Law exempting such purchases from requirements of competitive - bids providing for the expenditure of funds therefor; and providing an effective date (File 3876 Purchase of Annual Maintenance for LaserFiche-DocuNav Document Imaging System awarded to VP Imaging, in the amount of $47,354.80, the first of three payments, for a total 3-year maintenance agreement in the amount of $142,064.44). BACKGROUND The initial document imaging system was installed as a pilot project to meet the imaging needs both of these departments, an Imaging Committee was established to define the needs and set the priority for future imaging projects. The Committee was made up of staff members from the departments that had expressed a need for imaging. Based on the Ima recommendations, the system was enhanced and imaging has now been deployed in multiple departments throughout the City. The imaging projects include solutions integrated with GIS, The imaging system provides easier access to information, improved employee productivity, and helps staff make better-informed decisions. This system ensures records security, eliminates time-consuming document searches, cuts storage space requirements, and meets regulatory compliance. The project has streamlined operations while providing a more cost-effective means of serving our citizens and internal departments. The Cied thousands of documents making them accessible. Among the documents imaged were City Council minutes, ordinances and resolutions going Occupancy Tax, liens are now in digital format. The Tax project saved years of records from destruction and hundreds of square feet of storage space. Agenda Information Sheet September 25, 2007 Page 2 BACKGROUND (CONTINUED) The Human Resources Department has implemented the LaserFiche Imaging System and is now a primarily paperless operation. By integrating the Imaging System, the online application process, and the Internet/intranet applications, the Human Resource Department has developed a Resources Department now receives an average of 612 applications per month from the online application service out of the total average of 794 applications per month (77% of all applications come in from the online process). This request covers the software license maintenance and services for the LaserFiche-DocuNav Document Imaging solution that is being used by the City of Denton for applications in the Police Department, Fire Department, Electric Administration, Utility Administration, City Library, Municipal Court, Facilities Management, Legal, Accounts Payable, Risk Management, and Human Resources. 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. See Attachment 3 for maintenance cost analysis matrix, and number of calls to the vendor. VP Imaging is the sole source vendor for upgrades and continued support of the LaserFiche- DocuNav integration and associated software modules of the Imaging System. 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 VP Imaging an amount of $47,354.80 for the first of three annual payments of a 3-year system and services maintenance agreement in the amount of $142,064.44. PRINCIPAL PLACE OF BUSINESS VP Imaging Lubbock, Texas ESTIMATED SCHEDULE OF PROJECT Annual software license maintenance and services will cover FY 2007-08 for the LaserFiche Document Imaging Application. Contract period is October 25, 2007 through October 25, 2008. PRIOR ACTION/REVIEW Phase I: The trial and selection process of using the LaserFiche Document Imaging Application for the City of Denton started on April 13, 2000 Purchase Order 04969. Agenda Information Sheet September 25, 2007 Page 3 PRIOR ACTION/REVIEW (CONTINUED) Phase II: On January 8, 2002, the City Council approved Purchase Order 102246 to VP Imaging for initial deployment of LaserFiche document imaging to Human Resources, Fire, Police, Legal, Engineering, Tax, and Utilities. Phase III: On November 5, 2002, the City Council approved File 2909 to VP Imaging for upgrades and enhancements to the LaserFiche Imaging System for Human Resources, Fire, and Utilities, as recommended by the Imaging Committee. On October 21, 2003, the City Council approved Purchase Order 113926 in the amount of $40,265 to VP Imaging for software maintenance and services for FY 2003-04. On October 12, 2004, the City Council approved Purchase Order 119418 in the amount of $41,731.50 to VP Imaging for software maintenance and services for FY 2004-05. On September 20, 2005, the City Council approved Purchase Order 124708 in the amount of $42,848.20 to VP Imaging for software maintenance and services for FY 2005-06. On September 26, 2006, the City Council approved Purchase Order 129953 in the amount of $45,770.57 to VP Imaging for software maintenance and services for FY 2006-07. FISCAL INFORMATION Funding for this purchase order is budgeted in the FY2007-08 Technology Services Operating Budget account number 830500.6504. Respectfully submitted: Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Quote Attachment 2: Sole Source Letter Attachment 3: Cost Analysis 1-AIS-File 3876 Attachment1 Attachment 2 ® s o l u t i o n s Ý×ÌÇ ÑÚ ÜÛÒÌÑÒô ÌÛÈßÍ çðïóÞ ÌÛÈßÍ ÍÌÎÛÛÌ ÜÛÒÌÑÒô ÌÛÈßÍ éêîðç ߬¬»²¬·±²æ ̱³ ͸¿©ô °«®½¸¿­·²¹ д»¿­» ¾» ¿¼ª·­»¼ ¬¸¿¬ ÊР׳¿¹·²¹ô ײ½ò ¼¾¿ ܱ½«Ò¿ª ͱ´«¬·±²­ ·­ ¿ ­±´» ­±«®½» ª»²¼±® º±® ¬¸» ܱ½«Ò¿ª Ô¿­»®º·½¸» ·³¿¹·²¹ ­§­¬»³ º±® ¬¸» Ý·¬§ ±º Ü»²¬±²ò É» ¿®» ¿ ÝÓÞÔ ª»²¼±® ©·¬¸ ¬¸» ͬ¿¬» ±º Ì»¨¿­ ¿²¼ ¸¿ª» °®±ª·¼»¼ Ý×ÍÊ °®·½·²¹ ±º ­¿·¼ ­§­¬»³ ¬± ¬¸» Ý·¬§ ±º Ü»²¬±²ò É» ¿®» »²¬¸«­·¿­¬·½¿´´§ ½±³³·¬¬»¼ ¬± ¯«¿´·¬§ ­»®ª·½» ¿²¼ ¿°°®»½·¿¬» ¬¸» ±°°±®¬«²·¬§ ¬± ©±®µ ©·¬¸ §±«ÿ ̸¿²µ §±«ô ݱ¼§ Þ»¬¬·­ Ю»­·¼»²¬ ܱ½«Ò¿ª ͱ´«¬·±²­ èððóíëíóîíîð úÎËÍÎËÜÉØî××ÔÚØ ùÜÑÑÜÊî××ÔÚØ  ìÈÎËÈÐùËêéø    ORDINANCE NO. ____________ AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF CONTINUED SOFTWARE MAINTENANCE AND SERVICES FOR THE LASERFICHE-DOCUNAV DOCUMENT IMAGING SYSTEM CURRENTLY BEING USED BY THE CITY OF DENTON FROM VP IMAGING AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION FOR STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS PROVIDING FOR THE EXPENDITURE OF FUNDS - THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3876PURCHASE OF ANNUAL MAINTENANCE FOR LASERFICHE-DOCUNAV DOCUMENT IMAGING SYSTEM AWARDED TO VP IMAGING, IN THE AMOUNT OF $47,354.80, THE FIRST OF THREE PAYMENTS, FOR A TOTAL 3-YEAR MAINTENANCE AGREEMENT IN THE AMOUNT OF $142,064.44). 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 and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3876 VP Imaging $142,064.44 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 ____________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 5-ORD-File 3876 AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management 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) and Enhanced Data rates for GSM Evolution (EDGE) 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; providing the expenditure of funds therefor; and providing an effective date (File 3878-Purchase of Annual Service Access and Support for General Packet Radio Services (GPRS) and Enhanced Data rates for GSM Evolution (EDGE) awarded to AT&T Mobility in the amount of $119,016.60). FILE INFORMATION The City of Denton uses the AT&T Mobility GPRS/EDGE 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 for both departments. It is essential for the City of Denton to upkeep the current wireless connectivity with the established vendor to assure there is no break in service or support. See Attachment 3 for cost analysis matrix. AT&T Mobility is the sole-source vendor for GPRS/EDGE wireless connectivity in the Denton area. No other Denton area wireless access vendor offers signal coverage to the extent required by Public Safety. AT&T Mobility 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. In addition, AT&T has enhanced their network to the latest technology, 3G (third-generation), for mobile broadband data connectivity. This improved network will provide at least three to five times faster connectivity speeds and feeds over the GPRS/EDGE network. By staying with AT & T Mobility, this new technology will be available to the City of Denton. RECOMMENDATION Award to AT&T Mobility in the amount of $119,016.60. Agenda Information Sheet September 25, 2007 Page 2 PRINCIPAL PLACE OF BUSINESS AT&T Mobility Hurst, TX 76053 ESTIMATED SCHEDULE OF PROJECT Monthly access will be paid from October 1, 2007 through September 30, 2008. FISCAL INFORMATION Funding for this item is budgeted in the FY2007-08 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 1-AIS-File 3878 Attachment 1 To: City of Denton Attn: Tiffany Wei From: Stephen Turner Government Account Executive AT&T Mobility 301 NE Loop 820 #500 Hurst TX 76053 817-359-6428 Monthly Recurring Charge : Account # 994860867 $69.99 per line less $10.49 discount = $59.50 per line $59.50 @ 150 lines $8925.00 Monthly Recurring Charge : Account # 870585087 (Frame) $399.00 per month less $59.85 discount $339.15 = net monthly cost for 128K Frame Option to upgrade to 256k Frame: $549.00 per month less$109.80 discount $439.20 = net monthly cost for 256k Frame One time frame set up cost = $1995.00 Each IP = $3.00 per IP / Month less 15% discount = $2.55 per IP / Month $2.55 @ 152 IP addresses = $387.60 per month Grand Total of Services: $9,651.75 / month with 128K Frame $9,751.8 / month with 256K Frame AT&T Mobility is providing service to the City of Denton under the Cellular Voice and Contract No. TELE-06-27-03/TEXAN 2000-CING-W Data Access Services Contract, . This agreement is expected to be renewed for subsequent terms starting in October, 2007. The City of Denton is able to automatically renew their participation in this agreement so long as prices do not increase more than 15% per year. Jim Reddy Associate Director, Contracts jim.reddy@att.com 303-888-4050 Thanks, Stephen Turner Confidential Page 1 9/17/2007 Attachment 2 October 1, 2007 through September 30, 2008 AT&T Mobility is the sole source provider of wireless internet access compatible with the hardware utilized by the City of Denton. The agreement is expected to be renewed for subsequent terms beginning in October 2007. Stephen Turner AT&T Mobility Government Account Executive 817.201.5563 stephen.turner@att.com 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) AND ENHANCED DATA RATES FOR THE GSM EVOLUTION (EDGE) 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; PROVIDING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3878 - PURCHASE OF ANNUAL SERVICE ACCESS AND SUPPORT FOR GENERAL PACKET RADIO SERVICES (GPRS) AND ENHANCED DATA RATES FOR GSM EVOLUTION (EDGE) AWARDED TO AT&T MOBILITY IN THE AMOUNT OF $119,016.60). 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 and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3878 AT&T Mobility $119,016.60 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 ____________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 5-ORD-File 3878 AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007Questions concerning this acquisition may be directed DEPARTMENT: Materials Management 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 the 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; providing for the expenditure of funds therefor; and providing an effective date (File 3879-Purchase of Annual Maintenance for VisionAir Public Safety Software System awarded to VisionAir, Inc. in the amount of $156,427.88). 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. See Attachment 3 for maintenance cost analysis matrix, and number of support calls to the vendor. 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 to VisionAir, Inc. in the amount of $156,427.88. PRINCIPAL PLACE OF BUSINESS VisionAir, Inc. Castle Hayne, NC ESTIMATED SCHEDULE OF PROJECT Annual maintenance will be paid from October 1, 2007 through September 30, 2008. Agenda Information Sheet September 25, 2007 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: VisionAir Support Calls 1-AIS-File 3879 ߬¬¿½¸³»²¬ ï Software Support Prequote for Renewal To: Tiffany Wei From: Donna Johnson VIA Fax: 940-349-8979 Denton Police/Fire Department, City of 601 East Hickory, Suite E Denton, TX 76205 VisionRMS, VisionCAD, VisionMobile, VisionGeo, VisionFire Re: Software Maintenance: October 1, 2007 through September 30, 2008 MTC PLAN 24 x 7 VPC1-7 Base CAD <75K 7 Position Total VisionCAD: $38,374.27 VPR140 8 x 5 RMS Base Package <75K 40 Position Total VisionRMS: $15,016.21 VPJA-5 8 x 5 Jail Management Module 5 Position Total VisionJail: $4,533.43 Job#057122 add on Jail via change order 9/12/05 Jail Management: 8 Position 8 x 5 Total: $1,157.52 VMSG1C 24 x 7 Mobile/LAN Server Switch/Access 100 Position Total VisionMessage Switch: $18,677.04 VMBLA2 24 x 7 Mobile Base Package w/NCIC/Car- 90 Position Total VisionMobile: $55,066.93 ߬¬¿½¸³»²¬ ï Software Support Prequote for Renewal VFMBLA2 24 x 7 Fire Mobile-Client/NCIC Access 15 Position Total VisionFire Mobile: $6,044.54 VFIR20 8 x 5 Fire Reporting Module 20 Position Total VisionFire: $5,180.53 VINF2-10 8 x 5 Inform Base Package -Agency Host 10 Position Total VisionInform: $3,773.14 Add on: Job#027043 VMSG-50 24 x 7 Mobile/LAN Server Switch/Access 41-50 Position Total VisionMobile: $6,225.68 Add on Job#062050 GeoComm Geolynx: 7 Position Pro-rated 7/16/08 - 9/30/08 $886.98 Full year support for the 8 x 5 08/09 renewal cycle will not exceed 20% above the annualized amount of support GeoComm Mobilynx: 85 Position Pro-rated 9/1/08 - 9/30/08 $1,091.61 Full year support for the 8 x 6 08/09 renewal cycle will not exceed 20% above the annualized amount of support VisionAir full year support for the 07/08, 08/09 renewal cycle will not exceed 20% above the annualized amount of support. Go To Assist Remote Connectivity Access Annual $400.00 Total Software Maintenance: $156,427.88 ߬¬¿½¸³»²¬ ï Software Support Prequote for Renewal 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 this 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 d to match the end date of this renewal term. Thank you for the opportunity to serve you and your community. Thank you, Donna Johnson Accounts Receivable Specialist 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). éÕØÚÎÏÉØÏÉÊÎ×ÉÕÔÊØÐÜÔÑÐØÊÊÜÖØÐÜÄÛØÍËÔÇÔÑØÖØÙÜÏÙÎËÚÎÏ×ÔÙØÏÉÔÜÑô× ÄÎÈÜËØÏÎÉÉÕØÔÏÉØÏÙØÙËØÚÔÍÔØÏÉÜÏÄËØÇÔØÆÙÔÊÊØÐÔÏÜÉÔÎÏÚÎÍÄÔÏÖ other use of the contents of this message or any attachment by you is strictly prohibited. If you ÙÔÊÉËÔÛÈÉÔÎÏÎË receive this communication in error, please notify me immediately by return e-mail or by telephone (800.882.2108), and please delete this message and all attachments from your system. Thank you. 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¼»­½®·°¬·±²å­»»Ø»´°¿²¼Í«°°±®¬º±®¼»¬¿·´­ò̸»º±´´±©·²¹ ·²º±®³¿¬·±²·­°¿®¬±º¬¸»»ª»²¬æÜ¿¬»ãðèîçîððéôÌ·³»ã ïíæïëæìîæììôÌ»¨¬ã̺®³É¿¬½¸Ü±¹²±¬®«²²·²¹ô«²¿¾´»¬±®±«¬» ²»¬©±®µ³»­­¿¹»ò¬±ò·¼ìî°±­ï³»­¹·¼îéí³­¹­¦ííêôº®±³·¼ ìî°±­ìÝ´¿­­Ò¿³»ã̺®³É¿¬½¸Ü±¹É·²¼±©ãø²«´´÷ôݱ¼»ãðô É·²¼±©ãÝÑÒÒÓÙÎôÓ¿½¸·²»ãÐÍÒÑÜÛðïôб­·¬·±²ãîðôË­»® ã¾³®¿²¿ôÍ»ª»®·¬§ãïðôÝ¿¬»¹±®§ãøÒß÷ôÖ«®·­¼·½¬·±²ãôØ»´°Ì»¨¬ ãøÒß÷ôÚ«²½¬·±²Ò¿³»ãôÚ«²½¬·±²Ð¿®¿³»¬»®­ãôÛ®®±®Ô±¹ã ß´¬»®²¿¬»Ó¿·²ò èñîçñîððéïçæìïÙÔêòî±²±²»©±®µ­¬¿¬·±²ßÊÔÝßÍíîïçèݸ®·­¬·²¿Ý´±­»¼ÐîÙÔêòî±²±²»©±®µ­¬¿¬·±²ßÊÔ·­²±¬°±°«´¿¬·²¹±²¬¸»³¿° ·­²±¬°±°«´¿¬·²¹±²¬¸»³¿°ÖÖîîçÖÖ±¸²­±² ORDINANCE NO. ____________ AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ANNUAL MAINTENANCE FOR THE 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; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 3879-PURCHASE OF ANNUAL MAINTENANCE FOR VISIONAIR PUBLIC SAFETY SOFTWARE SYSTEM AWARDED TO VISIONAIR, INC. IN THE AMOUNT OF $156,427.88). 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 hasing Agent, and the license terms attached are hereby approved: FILE NUMBER VENDOR AMOUNT 3879 VisionAir, Inc. $156,427.88 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 ____________, 2007. ______________________________ PERRY R. McNEILL, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ______________________________ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY: _________________________________ 5-ORD-File 3879 AGENDA INFORMATION SHEET AGENDA DATE: September 25, 2007 DEPARTMENT: Parks and Recreation ACM: Howard Martin, 349-8232 SUBJECT Consider approval 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 recommends 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 2007-08 budget. Specifically, fees are adjusted as follows: Establish a Select Youth Sports Impact fee of $10.00 per player. This increase impacts only youth playing on Select Sports teams and will result in an increase to General Fund of $2,000. 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, 2007. 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 $2,000 in General Fund revenue. EXHIBITS 1.Ordinance 2.Schedule of Fees 3.September 10, 2007 Park, Recreation and Beautification Board Meeting Minutes September 25, 2007 Schedule of Fees Page 2 Respectfully submitted: Emerson Vorel, Director Parks and Recreation Prepared by: Amanda Green, Superintendent Parks and Recreation Û¨¸·¾·¬ ï Û¨¸·¾·¬ î Û¨¸·¾·¬ í 1DRAFT 2 Parks, Recreation and Beautification Board 3 Minutes 4 5September 10, 2007 6Civic Center Conference Room 7 8 Members present: Carol Brantley, Dale Conway, Reggie Heard, Jo Kuhn, Ross Richardson, Jennifer Wages 9 Members absent: Allyson Coe 10 Staff present: Emerson Vorel, Amanda Green, Jim Mays, John Whitmore, Janie McLeod and Mary 11 Aukerman 12 13 Vice-Chairwoman Jo Kuhn called the meeting to order at 6:03 p.m. 14 15 AWARDS AND RECOGNITIONS: 16 Introduction of new Board member, Jennifer Wages. Jennifer is also Secretary of the Park 17 Foundation. 18 Aquatics International Magazine named the Denton Aquatics Center as “Best of Aquatics 19 Indoor/Outdoor Family Aquatics Center”. This award is based on leading edge programming as 20 well as facilities. Jo asked if a press release will be done for some good press. 21 22 SWEARING IN OF BOARD MEMBERS: Janie McLeod officiated over the swearing in of returning 23 members Jo Kuhn and Reginald Heard. 24 25 APPROVAL OF MINUTES OF August 6, 2007 MEETING: Minutes were approved as presented. 26 27 ACTION ITEMS: 28 Changes to General Fund Fee Schedule as part of 2007-08 Budget a) – Amanda Green stated that as 29 part of the General Fund budget the fee structure and schedule has to be revised if there are any 30 changes to the fees charged to the general fund. 31 32 The department has been working with Denton Youth Sports Association (DYSA) about youth sports 33 enhancement fees for select players. Select player teams run a lot of tournaments in City’s facilities, 34 and the City is having a lot more costs associated with these tournaments. The players already pay $5 35 per player per season now, so the fee is being raised by an additional $5 per player, per season, for a 36 total of $10 per player per season. 37 38 Jo has questions regarding both bullet points for this request: The first one is regarding the fee 39 change. She asked the number of players that would be affected. Amanda stated there were about 40 150 players. Jo also asked if there had been any objections to the change in fees. Amanda answered 41 that the DYSA did not like it but understood the need for it because they are putting a larger demand 42 on the City. Emerson stated they are willing to pay the new fee. Amanda also stated that the City 43 presented this to the DYSA about 6 months ago at their quarterly meeting so they are aware of the fee 44 change. 45 46 Jo’s second question was regarding the incorporation of the Water Park and Natatorium admission 47 and rental fees into the General Fund. Amanda stated that this is something that has been discussed 48 for a few years and this would be consistent with all other City facilities that charge these fees. She 49 explained that by bringing those fees into the General Fund, the reporting would be cleaner and it 50 would provide for better accounting of funds but will not alter the loss. The community voted for a August 2007 1 half cent to offset the losses and that would be paid off in 9 years. Amanda explained that the 2 General Fund has been covering the losses to the Natatorium all along. 3 4 Carol asked what the time frame was for the Aquatic Center to break even. John answered no to 5 revenue coming in and that, historically, indoor swimming pools almost never break even and are 6 generally subsidized. 7 8 Amanda explained that the WaterWorks Park does turn a profit each year and those profits are used to 9 offset the losses to the Natatorium. It was never the intent for there to be a loss, but that the 10 WaterWorks Park would generate enough revenue to offset the Natatorium. She also pointed out that 11 the City splits the actual losses, after the WaterWorks Park profits are calculated, with DISD. 12 13 MOTION: Ross moved that the Changes to the General Fund Fee Schedule as part of the 2007-08 14 Budget be approved. Without further discussion, the Board passed the motion with a vote of 6-0. 15 16 Consider approval of the Formula/Criteria for Accepting Public Art b)– At the June 4, 2007, meeting, 17 the Board asked the Public Art Committee to change to the sentence clarifying that public art that is 18 not paid with public funds and not placed on public property is not governed by the proposed policy. 19 The Board approved the clarification of the statement and proceeded with the vote. As a review, 20 Emerson stated that this is a policy that has come out of the Public Art Committee that will govern 21 how art/gifts are accepted by the City and how they will be funded. 22 23 MOTION: Reggie made a motion to recommend to Council the approval of the Formula/Criteria for 24 Accepting Public Art. Dale seconded the motion. The Board passed the motion with a vote of 6-0. 25 26 Emerson interjected at this stage that the prior minutes pointed out that there would be the election of the 27 Chair and Vice-Chair. The consensus was that the actual vote will be at the next meeting since it was not 28 on the agenda for this meeting. Jo suggested that a Vice-Chair should be nominated at this meeting and 29 they will vote at the October meeting. Jo nominated Reggie because he has been on the board for a while 30 and did a very nice job on the renaming of Quakertown Park. Carol moved that they accept the 31 nominations and Dale seconded it. The Board voted 6-0 to accept the slate presented for election. 32 33 DISCUSSION ITEMS: 34 Denton Senior Center Feasibility Study and Master Plan c) – Emerson explained the PowerPoint 35 presentation that the consultants gave at the second meeting at the Senior Center. The discussion by 36 the Board centered on best use of the $1.7 million dollars allocated for this project. The consultants 37 will make a presentation to the Board at the October meeting, so Emerson wanted them to have an 38 idea at what we are looking at so they can make an educated recommendation to Council. The project 39 will commence after the Arts and Jazz Festival in 2008 with completion scheduled for spring of 2009. 40 This will be an interim fix as the facility is not going to be large enough for future projections. 41 Jennifer asked if the renovations will work for other uses if a new center is built for senior activities. 42 Emerson and Amanda assured her that the proposed upgrades will make the facility usable for other 43 programs, whether it is a teen center, a parks administration facility or whatever the need may be in 44 the future. 45 46 DIRECTOR’S REPORT 47 Fred Moore Park Multipurpose Court PROJECT STATUS REPORT – – Emerson announced that this 48 project is moving forward. 49 50 Cedar Street Streetscape Project – The project has begun in the area of the Campus Theater. The first 51 phase is to complete the water, sewer and storm drain changes first, then the streets and other upgrades will 52 begin. The intent is to keep in line with the upgrades made around the courthouse. August 2007 1 Briercliff Park Design and Development Project – A design firm has been selected and they are in 2 negotiations for their fee. 3 4KEEP DENTON BEAUTIFUL 5 Director’s Report – No discussion. 6 7 ADDITIONAL BUSINESS: 8 The panel introduced themselves and gave a brief personal description to Jennifer Wages. 9 10 ITEMS FOR UPCOMING MEETINGS: 11 Election of Officers 12 Senior Center Feasibility Study Presentation by Brown, Reynolds, Watford, Inc. Dallas 13 14adjourn. Ross motioned that the Jo asked for a motion to meeting be adjourned, Reggie seconded the 15 motion and Jo adjourned the meeting at 6:59 p.m. August 2007