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Home My WebLink About02-1981 1 1 r r!F " i r s~lo ~F ~ ~r t E, ~s ,I~It~ ,r A e, t A GIBBONS CREEK UNIT 2 EVALUATION for the CITY of DENTON i t. r r r r ' MANAGEMENT CONSULTING DIVISION Gilbert/Commonwealth i7w 1 t ' CITY OF DENTON ' GIBBONS CREEK UNIT 2 EVALUATION 1 1 FEBRUARY 1961 MANAGEMENT CONSULTING DIVISION OF GILBERT ASSOCIATES] INC. GbA lGrrn~pr~M 1 e r ' LETTER OF TRANSMITTAL A r 1 r r r r Gilbert/Commonwealth engineers nod consultants GILBERT ASSOCIATES INC. P. 0. Box 1488, Reading, PA 19603/Tel, 215-775.2600'Cable Gilasoc Teiex 836.431 February 17, 1981 1 City Council and Public Utilities Board City of Denton, Texas ' Denton, Texas 76201 Gentlemen: ' With your authorization, Giibert Associates, Inc. has conducted a review and evaluation of the proposed acceleration of the commercial operation date of TMPA's Gibbons Creek Unit 2. Also included as part of this assign- ment, was a review of our own independent load forecast conducted for the "1980 Power Supply Planning Study." ' As with any activity committing City resources, it is the obligation of Denton's elected and appointed officials to assure that its citizens are provided with the information required to arrive at a decision. During this ' assignment, we have identified several areas of concern regarding the acceleration of Gibbons Creek Unit 2 which resulted in the recommendations presented herein. We should like to express our appreciation to the many individuals who contributed both time and effort in providing us with the information required to conduct this assignment. In particular, we would like to thank those ' members of the TMPA organization and their consultants, Black & Veatch for their input and assistance during the course of this study. We would also like to thank City Council, the Public Utilities Board and the management of ' Denton's Electric Utility for their guidance and confidence in our organization. WQ are prepared to discuss all aspects of this report and please feel free to call upon us to amplify or clarify any information presented herein. We should also like to express our sincere appreciation to once again have the opportunity to be of service to the City of Denton. Respectfully submitted, A. A. Herman, Jr, Project Manager AAH:pav 1 ' 5A tmame Awu, Au ft PA,V rp,ntam Road, Oew MO,, Wdm¢ PA V5 775-M 209 Ent Wa,hinew Menu, hckw M 517 780-3000i90 Pia 91rnt. Now T A; NY 2t2 482M mow 1 1 1 1 1 1 1 1 TABLE OF OONTENTS 1 r 1 1 1 r r ~t z TABLE OF CONTENTS ' LETTER OF TRANSMITTAL PREFACE EXECUTIVE SUMMARY ' SECTION I - INTRODUCTION Authorization Scope of Services Approach & Methodology SECTION lI - THPA EXPANSION SUMMARY ' Introduction System Expansion Requirements Power Supply Options Generation Alternatives ' Purchased Power & Participation Opportunities Alternative Technologies System Expansion Results SECTION III - REVIEW OF TMPA EXPANSION STUDY Introduction Load Growth Reliability Fuels Availability and Cost Operating Constraints Capital Coats Methodology Other Concerns ' Summary of THPA Study Concerns SECTION IV - COMPARISON OF DENTON EXPANSION ALTERNATIVES Introduction ' TMPA System Expansion - Denton Participation in Gibbons Creek Unit 2 TMPA Production Costs TMPA Financial Analysis 1 City of Denton Financial Analysis Comparison of Alternatives Sensitivity Analysis Natural Gas Costs ' Load Growth Lignite Costs THPA System Expansion - Denton Non-Participation in Gibbons Creek Unit 2 r SECTION V - FINDINGS AND CONCLUSIONS APPENDICES Appendix A - Denton Load and Energy Forecast Review Appendix B - THPA Production Expenses 1 1 1 1 PREFACE 1 PREFACE ' In 1980, Gilbert Associates, Inc. conducted a power supply planning study for the City of Denton. In that study, power supply options were ' investigated as an alternative to continued operation with the Texas Municipal Power Agency. Our findings indicated TMPA's proposed projects ' were cost competitive with other energy sources available to the City of Denton. Recommendations were made that Denton proceed with TMPA as planned but that further discussions be held with Texas Porter & Light, regarding the sale of the Denton Electric System. ' At the time these recommendations were presented, however, results from a study completed for TMPA suggested a second unit be installed at the existing Gibbons Creek Station in 1987. A recent engineering feasibility study presented by TMPA supported the 1987 operation of a second Gibbons ' Creek Unit, citing economic and system reliability advantages. The City of Denton, as part of TMPA, would be asked to participate in this project, if ' approved by the TMPA Board of Directors. The evaluation study presented here, reviews results of the THPA feasibility ' assessment and provides recommendations to the City of Denton regarding participation in the proposed Unit 2 project. It is the intent of this study to determine if the prescribed course of action proposed by TMPA provides potential benefits to the City of Dent>n. 0sNrlltaMan+vRA 1 1 1 t 1 ' h I 1 r EXECUTIVE SUMMARY ' STUDY PURPOSE 1 In September, 1980, the City of Denton ,ngaged the Management Consulting Division of Gilbert Asseciatcs, Inc, to conduct a 1981 Electric Utility ' Power Supply Study for the period 1981-1995 consisting of: (1) a load and energy forecast review, and (2) an electric power supply study. The forecast review included an assessment of the 1980 weather impact on power demands and energy use in Denton and an adjustment of the 1980 Load Forecast. The electrical power supply study consisted of an evaluation of Denton's ' participation in a proposal by the Tex.. Kunicipal Power Agency to accelerate operation of the Gibbons Creek Unit 2 generation project from the early ' 1990's to October 1, 1987. ' OVERVIEW Our review of the study conducted by TMPA consultant Black b Veatch, indicated ' the Study was not sufficient at this point in time to allow the TMPA Board of Directors to make a decision on the acceleration of Gibbons Creek Unit 2, ' Our review indicated that benefits of an early commercial operation date of Unit 2 were overstated and that the TMPA study did not recognize detailed ' economic procedures for production cost development, unit operational constraints, the impact of a significant low load growth scenario and one unit lignite costs. Our study sought to examine, on a more comprehensive basis, an early commercial operation for Gibbons Creek Unit 2. Results indicated the followings s There is no clear economic advantage for early operation of Gibbons Creek Unit 2 e Without a firm commitment for the excess capacity of Gibbons Creek Unit 2, daily load requirements for the TMPA.system would require a cycling of that unit which would lead to * deterioration of unit operational integrity ' e Fuel cost analysis for the Gibbons Creek unit found that a one unit mining cost with supplemental outside lignite sources was not conducted ' G"licammo "M s w e Sensitivity analysis for examining the impact of reduced load growth, reduced prices for natural gas and the one unit lignite ' costs indicated in each case that early operation of Unit 2 would no; be more favorable than a later operation date. ' In the next several years TMPA will establish themselves as a generation and transmission entity and will face major hurdles in bringing Gibbons Creek Unit 1 on-line. Utility industry concerns and forecasts of increased inflation, tight capital markets, continuing emphasis on conservation, and ' forthcoming increases in energy prices for the TMPA system do not provide an environment for the acceleration of a $600 million capital project, REVIEW OF TMPA EXPANSION STUDY The TTPA proposal to accelerate design and construction of a second unit at the existing site is predicated on the results of the feasibility assessment completed by their consultant, Black d Veatch. Specific conclusions set ' forth in this study indicated that acceleration of Unit 2 would provide benefits to TMPA through, ' e Improved System Reliability ' e Reduced Reliance on Natural Gas s Added Economic Advantages ' e increased Economic Advantages for Outside Sales ' Based on these conditions, our study sought to identify specific concerns which would impact on the results of the TMPA study or influence the decision ' to accelerate Gibbons Creek Unit 2. In our assessment., several economic and non-economic concerns were identified. These are summarized below. Reliability - Although TMPA indicated that improved system reliability could be obtained by early operation of Unit 2, an inspection of the ' Texas Interconnected System (TIS) indicated a high degree of system integrity due to interconnections with other major 'texas utilities, A loss-of-load probability reliability assessment used by TMPA was ' based on several assumptions and required a subjective assessment of 6aMn IGmnawuM 1 ' reliability criteria, The primary requirement of the TMPA system is that the proposed 23 percent reserve margin set by the TIS be maintained. 1 Based on this margin, TMPA will not require additional capacity until 19 94 . TMPA Load C:owth - While the TMPA demand and energy forecast appeared ' reasonable based on individual City projections, there are concerns regarding the impact a low load growth scenario will have on the ' operational aspects of Unit 2, Our economic analysis of the TMPA system indicated that Unit 2 would operate at greatly reduced capacity levels for significant portions of the year, leading to decreased economic ' benefits and a deterioration of operational integrity. ' Fuels Availability and Cost - The conclusion by TMPA that additional capacity would be required in 1990 because of restrictions imposed by ' the Fuel Use Act was deemed inapplicable due to expected repealment or revision of the Act. ' Lignite costs supplied by TMPA were based on a two-unit mining cost evaluation supplied by the Morrison-Knudsen Company. Lower lignite ' costs may be obtained if one-unit mining plan costs are applied to Unit 1 while outside lignite sources are used to supply Unit 2. Our ' analysis indicated substantial fuel cost savings are possible if outside lignite is available at the costs shown in the TMPA report. ' For the case involving outside sales of portions of Unit 29 there are additional concerns regarding the desirability of selling City resources ' to an outside utility. Operational Constraints - Acceleration of Unit 2 presents operational concerns not addressed in the TMPA study, In the early years of ' operation, low system demand requirements during light load periods may necessitate the removal of Unit 2 from the operating unit dispatch schedule or force the unit to operate as a cycling unit designed to ' follow daily load fluctuations. The direct consequence of operating a base load unit in this mode is in increase in unit forced outages and maintenance requirements. s+e~►rr,~,~wu mod ' Methodology - The economic analysis completed by TMPA was based on several assumptions and simplifications. Our primary concern centers ' on the methodology used in the TMPA study to develop production expenses which was based on an annual load duration curve approach. ' Since this methodology is used prima-ily in the pre-screening of large numbers of generation alternatives, a comprehensive analysis based on ' an hourly simulation model was recommended and used in our economic r analyses. Other Concerns - Other non-economic concerns include several intangible factors which are relevant to the study and could influence a decision ' to accelerate Unit 2. ' (1) Successful operation of current TISPA projects has not been established. ' (2) The full impact of operation and costs for existing TMPA projects has yet to be established and will not be realized ' until these units come on-line. Once these unite begin operation, substantial rate increases are expected; customer response to these increases will be forthcoming. (3) The proposal to advance Unit 2 contrasts with the utility ' industry's move to conserve capacity and to examine non-traditional areas such as conservation and load ' management. ' COMPARISON OF DENTON EXPANSION ALTERNATIVES In order to assess the economic impact of acceleration of Gibbons Creek ' Unit 2, as recommended by their consultant, a detailed system evaluation of two expansion alternatives available to the City of Denton was coopletedi ' (1) continued Denton participation in THPA and the Gibbons Creek Unit 2 project; and (2) non-participation by Denton in the Unit 2 project. 1 A~Drs ILamnenrpMi 1 For the participation option, three commercial operation dates for Gibbons Creek Unit 2 were analyzed. ' • January, 1988 commercial operation date 1 • January, 1990 commercial operation date s January, 1993 commercial operation date ' For Denton non-participation, Unit 2 was assumed operational in January, 1988. 1 City of Denton yearly energy requirements under this scenario continued to be supplied by TMPA at a cost which excluded all charges and expenses ' associated with Unit 2. The results of our economic analyses are summarized in Exhibit S-1. Included ' in the Exhibit are the results of our sensitivity analysis completed by reducing natural gas costs by 20 percent, reducing TMPA load growth by 25 percent and by using separate Gibbons Creek Unit 1 and 2 lignite coste. All sensitivity analyses were completed under the Denton participation in ' the Unit 2 project. (1) TMPA System Expansion - Denton Participation in Gibbons Creek ' Unit 2 Project The results of the base analysis shown in the summary table indicated operation of Unit 2 in January, 1990 was the lowest cost option to Denton Cor continued participation. The difference ' of $2.493 million represents less than a one percent cost savings from a January, 1988 operation date, which is well within the margin of uncertainty in this type of cost analysis, in terms of Denton revenue requirements, all three alternative operation dates wain ^onsidered identical. The primary reason for the narrow ' difference in total cost is the methodology used to calculate production expenses, ' Subsequent sensitivity analysis for reduced natural gas costs and TMPA system load growth also proved inconclusive in terms of Denton revenue requirements. Investigation of reduced lignite coats for single unit operation (Unit 2 was fueled by Texas Wilcox CabnlCanr~anwwtA 1 lignite), however, indicated potential savings of $31.0 to $42.7 million relative to the base results. ' (2) IMPA System Expansion - Denton Non-Participation in Gibbons Creek 1 Unit 2 Project Compared to each participation date considered in the base analysis, ' the Denton non-participation option was more favorable. The primary reason non-participation entailed lower costs was due to ' the removal of the high capital charges associated with Denton's 20 percent ownership in Unit 2. By including capacity purchases equal to the Denton capacity deficit beginning in 1991, capital cost penalties associated with excess capacity are eliminated. ' Non-participation was deemed an unfavorable alternative, however, due to the risk involved in stand-alone operation compared to the ' relatively small cost savings shown in the summary table. Furthermore, there is no guarantee that Unit 2 capacity will be available in 1991 when Denton will experience a capacity deficit. 1 DENTON LOAD AND ENERGY FORECAST REVIEW ' The results of our load forecast review for the City of Denton indicated that the high peak load in 1980 was primarily attributable to abnormally hot weather conditions. A recommendation was made that no change be made in the original long-term energy and demand forecast. RECOMENDATIONS The following actions are recommended to provide the citizens of Denton witb continued economical and reliable electric powers ' s The City of Denton should continue to operate its Electric Utility as presently planned and executed with TWA, Due to the concerns set forth in owlr report and the absence of economic advantages for early installation, Denton's best interests are served by a 1990 commercial operation date for Unit 2. C1Er+ltaMne++Wu i 1 1 • TMPA should further evaluate the proposed acceleration of Gibbons Creek Unit 2 for alternate commercial operation dates. Giver, the importance of the proposed plan of action by TMPA, it is recommended that a comprehensive economic analysis of the MPA system be completed through use of a pro,iuct±on simulation model based on ' TMPA system load profiles. • Investigation of a single, versus a two-unit mining plan for TMPA lignite reserves should be further considered by TMPA. In this manner, It can be established if the procurement of outside lignite sources to fuel Unit 2 represents a lower cost alternative to TMPA customers. ' • To cover contingencies it is recommended that the proposed Gibbons Creek Unit 2 project be initiated by TMPA's Board of Directors at ' the earliest time consistent with a reasonable construction program for commercial operation in 1990. All front-end studies (e.g., Environmental Impact Statements) and licensing should begin at the earliest possible date. If conditions change from those assumed herein, it will then be possible to accelerate or delay as required without a large financial penalty. 1 I 1 1 1 i i ~r r , r r r 1 1 EXHIBIT S-1 CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION 1 SUM!%1hRY OF CITY OF DENTON TOTAL REVENUE REQUIREMENTS(I) ($1,000) 1 Participation in Non-Participation Unit 2 Proiect in Unit 2 Proiect ' BASE ANALYSIS Gibbons Creek Unit 2 Case 1 Case 2 Case 3 1 Operation Date Jan. 1988 Jan. 1990 Jan. 1993 Total Costs 1,209,065 1,206,572 1,2120927 1,1880595 Sum Difference Base (2,493) 31862 (209470) SENSITIVITY ANALYSIS Natural Gas Costs Reduced 20 Percent 1 Total Costs 1,1740903 191650538 11154,144 - Sum Difference Base (9,365) (20,759) - 1 System Load Growth Reduced 25 Percent 1 Total Costs 1,126,201 101200194 111156316 - Sum Difference Base (60007) (10,885) ' Separate Unit 162 Lignite Costs Total Costs 10178,031 101720137 19170,824 - 1 Sum Difference Base (51900) (70213) - Difference Relative to Bass Analysis (31,028) (34,435) (420726) - 1 FOTEs (1) All Costs in Current Dollars 1 1 610erf lCant~owwhA 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ' SECTION I INTRODUCTION AUTHORIZATION This assignment was authorized by the City of Denton and approved by ' contract dated September 2, 1980; thereby accepting Gilbert Associates, Inc. to perform a 1981 Electric Utility Power Supply Study. t SCOPE OF SERVICES As delineated in a letter addressed to the Director of Utilities dated October 16, 1980 the consultant is to conduct a "1981 Electric Utility Power °upply Study which consists of: (1) a load forecast review, and (2) a power supply study. For the items listed above, the consultant shall provide the ' following services. A. Electrical Load Forecast Gilbert Associates, Inc. shall assess the recent weather impact on ' power demands and energy uses in Denton and adjust the 1980 Load Forecast as required. A forecast of electrical demand and energy ' requirements for the period from 1981 through 1995 will be developed. B. Electrical Power Supply Study Gilbert Associates, Inc. shall evaluate participation by the City of Denton in a project to be proposed by T"A in early 1981. For purposes of this evaluation, this project is assumed to be the acceleration of the commercial operation date of Gibbons Creek Unit 2 from early in the 1990'a to October 1, 1987. 1. The impact of the expected project described above, on the electric operations of the City of Denton shall be compared with 1 ' MAKICON 0 wa the results of the 1980 Power Supply Study conducted by Gilbert Associates, Inc. 1 2. If the proposed project of THPA is different than the acceleration ' of Gibbons Creek Unit 2, the City and Gilbert Associates will mutually agree to a change in the Scope of Services described in ' Section I of the Contract. ' APPROACH AND METHODOLOGY The proposal by TMPA to accelerate the design and construction of a second ' unit at the existing Gibbons Creek Station will entail the resolution of several economic and non-economic concerns prior to the commitment of a capital investment. The first step to evaluating the impact of acceleration of Unit 2 on the cost of electricity to City of Denton customers involved a ' review of the TKPA feasibility study. This review included an assessment and evaluation of three primary areas in the THPA report: (1) study assumptions; (2) methodology; and (3) study results. From a preliminary review of the TMPA report, specific concerns which may influence a decision to accelerate Unit 2 were identified. At this stage,, all economic and non-economic concerns were summarized. The next step wab to perform system economic analyses to detere.iae if acceleration of Unit 2 would provide economic advantages to City of Denton customers. System economic analysis were completed under two scenarios, Denton participation ' and non-participation in the proposed Unit 2 project. By participating in the Unit 2 project, Denton would assume their portion of all associated costs. Under the non-participation arrangement, THPA would cratinue to supply Denton energy requirements; however, all costs associated with Unit 2 ' were excluded. ' Prior to the system economic analysis, it was necessary to establish the City of Denton's annual demand and energy requirements. For the period 1981.1990, the results of the 1980 Load Forecast were reviewed sad ' adjusted as necessary to predict future need. In this review, the accuracy ' 6~artlfimn+en.YM 1 1 ' of the original forecast was determined by assessing the impact of recent weather conditions on system demand and energy use in 1980. By comparing ' the adjusted 1980 forecast to actual Denton system demand and energy use, the reasonableness of the original forecast was then established. Past 1990, system demand and energy requirements were extrapolated based on the TMPA system forecasts. ' For the participation option, three operational dates were used in the economic analysis: January, 1988; January 1990; and January 1993. ' Production expenses for the 15-year study timeframe were calculated using a bi-hourly production simulation model. Capital charges included the costs r associated with existing TMPA projects and Gibbons Creek Unit 2. These costs and expenses were combined to establish TMPA annual power costs to the member cities, which followed the format presented in the 1980 TMPA Official Statement. City of Denton annual revenue requirements were calculated by applying these costs to the annual Denton energy requirements and then adding existing City debt service and other costs. For the non-participation option, City of Denton annual revenue requirements were developed in a similar manner, except all costs associated with the r Unit 2 project were deleted when calculating the Annual TMPA power costs. For those years in which Denton experienced a capacity shortage, portione of Unit 2 were assumed available for purchase on a yearly basis from TMPA. Under this arrangement, the prorated unit costs plus a surcharge were added to the Denton annual cost summaries. Recommendations ware than made based on the results of the system economic r analyses and the non-economic concerns established earlier in the study. r r r r ,r 1 e i r 1 SECTION II WA SYSTEM EXPANSION SUMMARY INTRODUCTION Generation expan6ion requirements for the TMPA system are dependent on several factors, all of which are also applicable to the four member cities. The primary reFponsibility of an electric utility is to provide safe and reliable service at the lowest possible cost. To meet this objective, sufficient generation must be available at any period of time to satisfy customer demand. Since system demand fluctuates markedly, even over short periods of time, a sizable portion of the generation capacity for most utility systems is idle for much of the year. This form of generation is ' more commonly known in tFe industry as "peaking capacity." Peaking capacity is generation designed to satisfy peak demand requirements. ' For the TMPA system, and the member cities, all of the existing generation units are currently fueled by natural gas. When these units were first ' being planned, natural gas was inexpensive and was the obvious choice in selecting a generation type. However, a& gas prices began to rise and because of increased concern as to future availability of natural gas, it was recognized that alternate forms of generation would be required to meet ' future need. Coupled with the national effort to conserve precious resources, the need to switch to other forms of generation became increasingly apparent. Furthermore, the requirements of the Fuel Use Act ' precludes the use of oil or natural gas in new generation additions after 1990. The intent of this national legislation was to conserve precious ' fuels by pro),ibiting the use of natural gas in new utility boilers and by reducing existing units to primarily a peaking status. In 1915, the cities of Bryan, Denton, Garland and Greenville formed the Texas Municipal Power Agency (TMPA). The agency was created to obtain %he economic advantages of constructing large generating facilities. Through joint financing and operation of large generation facilities, economies of ' scale are achieved which would not be available if the cities continued to ' assn ra«wmo~~.wa operate independently. As an organization authorized to engage in the generation, transmission and sale of electricity, TMPA is under a power ' sales contract with the member cities to provide a reliable and constant supply of power to each of the cities. ' Consistent with the objective of reducing system reliance on natural gas, ' TMPA's first generation project is the 400 MW Gibbons Greek lignite plant now scheduled for commercial operation on October 1, 1982. TMPA has also retained a 6.2 percent ownership in two 1150 MW nuclear-fueled units at ' Texas Power and Light's Comanche Peak Station. Comanche Peak Units 1 and 2, which are currently scheduled for commercial operation in June, 1982 and ' March, 1984, respectively, represent 142 MW of additional base load generation available to meet the cities' future capacity requirements. ' Current TMPA system capacity consists of 932 MW of gas-fired generation; at the completion of the above projects, total system capacity will amount to 1474 MW. It is expected that the current generation projects will meet much ' of TMPA's system base load capacity requirements. ' The purpose of the TMPA study completed by Black & Veatch was to evaluate alternate generating sources which may be available to meet future TMPA capacity requirements. Implicit in the analysis was the determination of which generation expansion plan would result in the lowest cost of power for ' the member cities while meeting the Texas Interconnected System (TIS) reliability requirements. Several sources were investigated and the results are explained in detail in the following sections. The TMPA study indicated that the addition of a second 400 MW lignite unit at the existing Gibbons Creek Station in year 1987 would result in economic and reliability ' advantages to T14PA customers. The economic advantages are recognized primarily due to the early displacement of gas-fired generation with lower ' cost lignite. It is the purpose of this study to evaluate the results in order to determine if the prescribed course of action provides potential benefits to customers of the Denton System. 1 1 1 6~aa1lCMn+wwrM SYSTEM EXPANSION REQUIREMENTS ' Prior to the evaluation of potential generation sources, it is necessary to establish the system capacity requirements. The determination of these ' requirements is primarily a function of the following: total capacity available versus projected demand; planned unit additions; interchange and ' firm power agreements; fuels availability and costs; planned retirements; and expected requirements in system reserve margins. The first step in ' establishing capacity requirements is the preparation of a demand forecast. Once completed, the additional capacity needed to meet system reserve requirements and electrical losses can be determined. ' Total Demand Requirements t For the TMPA study, values from the July, 1980 T11PA Official Statement were ' used to establish demand requirements for years 1981 through 1990. Projections beyond 1990 to year 2000 were based on an extrapolation of 1981 through 1990 demand estimates. Electrical transmission losses were assumed ' to be three percent for the entire study period while reserve margins were set at 23 percent of yearly peak demand. Current TIS reserve margins are 15 ' percent for the TMPA system; this margin is expected to escalate to 23 percent early in the study period. No unit retirements were assumed ' although approximately 100 MN of existing city generation will be more than 30 years old by 1990. Table 2-1 presents the expected TMPA system capacity ' requirements for years 1981 through 2000, based on the assumptions listed above. ' Additional Capacity Requirements ' To maintain system reliability, total system capacity must equal or exceed total demand requirements minus any firm commitments from external sources. ' Since no firm purchase agreements exist at this time, TMPA system capacity must meet the yearly peak demand plus the 23 percent reserve margin proposed by the TIS. Table 2.2 presents the yearly capacity surplus/(deficit) ' developed by TMPA for the years 1981 through 2000. The table indicates ~ rtn,ma+,+.ru 1 rasa ' TABLE 2-1 ' PROJECTED THPA SYSTEM CAPACITY REQUIREMENTSI System System System Peak 2 System3 Reserve 4 Capacity ' Ycar Demand Losses Requirement Requirement MW MW MW HW ' 1981 657 20 151 828 1982 703 21 162 886 1983 747 22 172 941 ' 1984 792 24 182 998 1985 835 25 192 1,052 1986 874 26 201 1,101 1987 915 27 210 1,152 ' 1988 953 29 219 1,201 1989 993 30 228 1,251 1990 1,033 31 238 19302 ' 1991 19079 32 248 19359 1992 1,121 34 258 11413 1993 19162 35 267 11464 1994 19204 36 277 11517 ' 1995 19246 37 287 1,570 1996 19287 39 296 Is622 1997 1s329 40 306 11675 ' 1998 11370 41 315 19726 1999 10411 42 325 19778 2000 1,453 44 334 1,831 ' Notes: (1) All projections for 1981 through 1990 are from the TMPA Official Statement July, 1980. Projections for 1991 through ' 2000 Were extrapolated by a curve fit through the earlier average demands. (2) All values at time of summer peak. System demand includes ' diversity. (3) System losses assumed at three percent. ' (4) System reserve requirements established as 23 percent. ' Source: Identification of Future Capacity Requirements and Alternative Generating Sources, Texas Municipal Power Agency/Black 6 Veatch, December, 1980. ' gutlt« VOU*80 TABLE 2-2 SYSTEM CAPACITY EXPANSION REQUIREMENTS BASED ON A 23 PERCENT RESERVE Capacity System System Surplus ' Year Requirements Ca it (Deficit) MW 1981 828 9322 104 1982 886 1,003 117 1983 941 1,4034 462 ' 1984 998 19474 476 1985 10052 19474 422 1986 1,101 11474 373 1987 10152 10474 322 ' 1988 1,201 1,474 273 1989 10251 1,474 223 1990 1,302 11474 172 ' 1991 1,359 11474 115 1992 1,413 1,474 61 1993 1,464 11474 10 1994 1,517 1,474 (43) ' 1995 1,570 1,474 (96) 1996 11622 19474 (148) 1997 19675 1,474 (201) ' 1998 1,726 1;47, (252) 1999 1,778 1,4-"4 (304) 2000 11831 1,474 (357) ' Notes: (1) City-owned generating capacity. ' (2) Includes Comanche Peak Unit I, added in June, 1982. (3) Includes Gibbons Creek Unit 1, added in October, 1982. ' (4) Includes Comanche Peak Unit 2, added in March, 1984. Source: Identification of Future Capacity Requirements and Alternative Generation Sources, Texat Municipal Power Agency/Black & Veatch, December, 1980. ' CarrSlCarmaen~IM 1 ' that additional capacity will be needed in year 1994 for the TMPA system based on the assumed growth rates and reserve margins. ' To meet this capacity deficit, expansion requirements were evaluated by ' Black & Veatch under four conditions for the TMPA system: s Capacity expansion to satisfy TIS.reserve margin requirements r s Capacity expansion to improve TMPA system reliability ' s Capacity expansion to reduc.,~ natural gas and oil consumption r s Capacity expansion to provide a,>re economical power to the TMPA system The additional capacity requirements were developed by combining the City requirements to represent a single sys;.em. 1 TMPA System Reliability One measure of assessing system reliability is the available system reserve ' margin. As indicated earlier, capacity expansion requirements were based on a 23 percent reserve margin proposed by the ';TS. A second method is the number of expected hours that a system must import power to meet load due to unit forced outages, more commonly known as loss-of-load probability (LOLP). Currently, the TIS maintains an LOLP requirement of one occurence per ten ' years (one occurence is defined as one eigbt-hour period in which a system cannot meet load) for the entire Texas system. While this represents a r relatively stringent criteria, the many generating units and transmission interconnections provide several alternative means of transporting power ' during an outage, even when several units are out simultaneously. To estimate TMPA's contribution or responsibility in maintaining the TIS ' LOLP index of one occurence in ten years, the TMPA system was modeled as one of many similar systems comprising the TIS. The results showed that for r r awtto~ Uhl r ' a system similar to TMPA, a limit of ten occureaces, or 80 outage hours, would be required to maintain a TIS system level of one occurence per ten ' years. Because of uncertainties, a range of 64 to 96 hours per year was deemed more appropriate. The TMPA study indicated that by not meeting this ' criteria there would be increased risk that back-up power would not be available from neighboring systems when needed. In addition, since the TIS only permits back-up assistance on an emergency basis, additional back-up reserves must be secured by contract. ' Treating the TMPA system as a single entity, TMPA reported the desired LOLP level would be exceeded by year 1989. Table 2-3 illustrates TMPA system ' unavailability using LOLP for two scenarios: one based on the current expansion schedule; the other for a capacity addition (size not specified) In year 1988. The analysis indicates that an early capacity addition will improve system reliability using the 10 occurence per year LOLP criteria for the TMPA system. 1 Reduction in Natural Gas Use ' As a basic premise to the study, expansion schedules were to be developed ' with the intent of greatly reducing natural gas consumption. Currently, all of TMPA's member city units are fueled by natural gas. After completion of the Gibbons Creek and Comanche Peak stations, approximately 63 percent of ' TMPA units will be gas-fired. As of 1988, over 400 MW of system demand will be supplied by natural gas units. The Fuel Use Act of 1978 strictly ' curtails natural gas use in utility boilers after 1990. 1 By filing System Compliance plans, the cities have obtained an exemption which will allow them to exceed 1500 hours for individual units, providing ' that operation does not exceed 17 percent of total system gas-fired rapacity. Under these plans, TMPA projects additional base load requirements in year 1990. Table 2-4 presents the system energy and ' capacity deficits for years 1983 through 1996 for a maximum use of 17 percent for TMPA gas-fired generation. It is noteworthy to interject an ' item which could have a strong bearing on these results. There is pending o+eau.mma~ 1 e v e z w ~ m z 0o n 1 r~ H n•i 1 R d m n w n wm 1 n n N• M• m b H ro M y 1 y fE9 C 00 fnC M 33C 1 i A 7 x a ~ a ti N LM N O W O~ N 00 Oo N r N N w o ~o w ro ~ p. W. m S o RnR 1 C ~ N a M w rl Do 1 r my ke c Q 1" r r N 1 C a ro= ~ 1 m n M R h~ %7 r O ►y H O ~ ~1 n rt a 1 r e wi o o W. r a r• n , b 1 vu.o~ wan , b Vi Z ~ ~GG O Q G b G ~o%O ~O ~O ~O IiD C lTH7 b %0 b ~o b %o w ~D ~O OO W 000~0o d ' y O+ VI rWN*+Ob W V OWN ry P1 0 m e 9 M m Q 6 N m d O M ~fffD d m D V A m d sW 9 A ' \O 0 On " M ~ p, M ;^~'~"rrrrrcww N•O'< C) h A N C+1 W D b D C) ~0 0%rwf %0li 0w N O Co O~ aAa M h B7 ' fo f? m 0 < O M N m C B CcV W V cy W t 000 W -4 0% g PO+7 0.4 7r M K `4 A to pp O n H rr n v R+ C 00 00 N F 1~+ on m O O.+ p Ce D41 w4= Mn D e mr"o Lq nwnM. no n r+ m rr d r+ H. o am n wemm A, ~,y to n D M t~* n N ek a e e f9 & b A M V•.< WWWWWWWWWWWW 0 A 0 47 + rr b C. P% C. A 'Y 0. + Pa•Ga C>9~~y Obo B Y h M M D 0. 0A O H 13 ~0y1 oo a e o ewe M. n ~ m m Cn C6 I+ ~ l+3 91 o ~ n ~ a er+• 3Q ~ w. ro > n 4 M N•~ w r~+. " w w n n ^ ~ r e 13 r er o o W . . . . . . . . ~ y rAe p M M M N E bbbd~bb~N Z OCc~ m am rziY o ~rA 0 n n ao.aooND+o+aN.4..u w M:►m+ v"~nC e r+ M A M►~ K A 09 n a_ n M o h a o Cro OR000! ~Cr~ n 1+ e I-W 1-4 yoog n n r u e py ~ r~ orv M ~oooa~rN a w x G C p O,0 f+V OOOOO ~M M Ni+• ft n a g x a r+ A y. ~y to a e ff C OOeO~ W C* ~O x00000 N• rA H N Fd ~ 6r 6 p ' e ' legislation at this time to repeal the Fuel Use Act and its provisions. At this time, it appears probable the Fuel Use Act will either be modified to ' less stringent standards or be eliminated entirely. However, if less expensive generation is available, it may also be economical for some ' utilities to currently plan on early replacement of gas-fired generation. ' POWER SUPPLY OPTIONS Power supply options available to TMPA fall into three general categories: ' generation alternatives; purchased power and participation opportunities; and alternative technologies. In the TMPA analysis, potential options were ' assessed and preliminary economic evaluations were completed for each viable alternative. It was assumed that further analysis would be completed for ' the more favorable alternatives in the system expansion analyses. The results of the power supply assessment and economic analysis is summarized ' in the following three sections. Generation Alternatives ' Under the category of generation alternatives are fossil-fueled, nuclear ' steam and hydroelectric power plants. In the TMPA study, nuclear steam was considered an infeasible alternative because of the long lead-times involved ' in the construction of a nuclear plant and to the existing uncertain regulatory climate regarding nuclear steam generation. In terms of TMPA requirements, the MW capacity of a nuclear unit far exceeds THPA capacity ' deficits, even beyond year 2000. Hydroelectric generation was also not evaluated due to the lack of run-of-river hydroelectric availability in the 1 TMPA service area. ' For the fossil-fueled alternatives, coal was considered the only viable fuel source since new oil and gas-fueled generation is prohibited according to the provisions of the Fuel Usm Act. The domestic coal sources considered 1 available to TMPA included Texas lignites from the Gulf Coast Province, Wyoming subbituminous coals from the Powder River Basin, coals from the San 1 i ~„Cam~a.,,M 1 Juan Basin in New Mexico and midwestern bituminous coals from the Illinois Basin. The Texas lignites classification also includes existing Gibbons ' Creek in-situ lignite reserves owned by TMPA. Of these coals, the Wyoming coals were considered the most available and cost effective of the coals 1 outside Texas. Subsequent analysis centered on comparisons involving Wyoming coals and Texas lignites. ' The plant types evaluated using these two fuel types included a second 400 MW unit at the existing Gibbons Creek Station, a 400 MW unit at a new site ' and several distributed 100 MW plants (non-minemouth). A summary of the plant types and associated fuel types is listed below. t (1) Gibbons Greek 400 MW Unit 2 t a TMPA Gibbons Creek Lignite (minemouth) s Typical Texas Wilcox Lignite (rail delivered) ' a Typical Wyoming Coal (rail delivered) (2) New Site 400 MW Unit ' a Typical Texas Wilcox Lignite (minemouth) a Typical Texas Wilcox Lignite (rail delivered) a Typical Wyoming Coal (rail delivered) ' (3) Distributed 100 MW Units ' a Typical Texas Wilcox Lignite (rail delivered) ' a Typical Wyoming Coal (rail delivered) The cost comparisons were completed for the earliest possible installation ' dates, October, 1987 for a second Gibbons Creek Unit sad October, 1988 for the other two plant types. The results indicated the best plant and fuel ' types for the fossil-fueled alternatives is a second minemouth unit at the existing Gibbons Creek station burning TMPA owned lignite. Althougb the ' capital costs for both a Texas Wilcox lignite or Wyoming coal unit situated ' 6airtlCannw+wllA 1 at the existing Gibbons Creek site were less than the THPA lignite-fuel unit, the lower expected fuel costs for TMPA lignite offset the capital ' advantages of these two units. ' Purchased Power and Participation Opportunities As an alterihative to TMPA-owned generation, purchased power agreements and ' joint participation opportunities were also investigated in the TMPA study. Table 2-2 indicated additional capacity is required for the THPA system in ' year 1994. This capacity may be in the form of a firm purchase agreement, if available, which would delay any THPA-owned generation plans. Joint ' participation, on the other hand, would be similar to a THPA-owned unit, except that operating policies would be set by the principle owner. ' To determine if purchased power agreements represented a viable option, projected ERCOT (Electric Reliability Council of Texas) capacity surpluses/ ' deficits were investigated for years 1961 through 1999. Based on these investigations, it was concluded that sufficient surplus low-cost capacity would not be available to THPA. :urthermore, any excess capacity, if available, most likely would be in the form of oil or gas-fired generation; ' energy costs would be equal, if not higher, than THPA-owned gas units. A second concern was the risk involved in depending on firm purchase agreements to meet capacity requirements. Since there is no guarantee that firm power will be available in year 1994, and THPA-owned generation must be planned several years in advance, a potential shortage of capacity would be ' possible past 1994. ' Several utilities were contacted for potential joint venture opportunities. Participation would make TMPA a joint owner of a generating unit but management and operating policies would be set by the principal owner. ' Currently, THPA has a 6.2 percent ownership in Comanche Peak Units 1 acd 2. Other joint projects would be similar to the current arrangement with Texas r r ' Power & Light. Listed below are the utilities which have been contacted by TMPA for possible joint venture projects. ' (1) City Public Service Roard of San Antonio (CPS) ' (2) Southwestern Public Service Company (3) City of Austin Electric Department ' (4) Texas Power & Light (TP&L) (S) Texas Electric Service Company (6) Dallas Power & Light (7) Brazos Electric Power Cooperative (BEPC) (8) Lower Colorado River Authority (LCRA) ' (4) Houston Lighting & Power (HL&P) (10) Gulf States Utilities (GSU) ' (11) Central & South West (CSW) Several disadvantages of joint participation were detailed by THPA, ' including commitment to pay cost overruns; operating policies would be set by the principal owner; if a unit is delayed, THPA will experience the ' delay; and capital costs will include common facility and site costs. These costs have already been paid for at the Gibbons Creek Station. ' Of the eleven utilities listed above, TtfPA reports that no attractive 1 opportunities exist at this time. Because of the disadvantages of joint participation described earlier and due to the lack of opportunities, joint participation was deemed impractical as an economical source of power. ' Alternative Technologies 1 Several alternative technologies were assessed and described in detail. ' Primary emphasis was placed on the following alternatives: (1) Cogeneration ' (2) Refuse/Biomass,Fueled Steam Generation (3) Synthetic Fuels 1 ' - Grersrornaaw~wa (4) Solar ' (5) Advanced Coal Fuel Systems (6) Fuel Cell Geverat:on (7) Electric Energy Storage Although each technology was extensively described, economic analyses were ' not completed since it was determined that none of the possibilities offered the capability of providing a reliable source of base load power or significantly lowering natural gas consumption. SYSTEM EXPANSION RESULTS System expansion analyses were based on the preliminary economic analyses ' completed earlier which indicated reliability and economic advantages could be obtained by early installation of a second unit at the existing Gibbons Creek Station. To assess the impact of early installation of the second unit at the Gibbons Creek site, three alternate system expansion scenarios were developed. 1 (1) Case A - Commercial operation on October, 1987 (2) Case B - Commercial operation oa October, 1990 (3) Case C - Commercial operation on October, 1993 For each of the above cases, "worst-case" scenarios were also considered by ' delaying one year the date of commercial operation, which would incur additional capital cost penalties due to longer unit lead times. ' Economic evaluations for each case were completed using two methodologies: (i) comparative costs and (2) annual power costs. Comparative cost analyses ' for the TMPA study were completed by adding the yearly production expenses for years 1981 through 2000 to the 30 years of ownership costs for Gibbons ' Creek Unit 2 to obtain total lifetime costs. The case which results in the lowest lifetime costs repr%sented the most economical alternative. Using annual power cost analyses, the yearly cost of power to each city was then 1 WM1Carnon~rnR' e t determined. The calculations were based on the assumptions and methodologies presented in the July, 1980 THPA Official Statement. Operating and Cost Assumptions Several operating and cost assumptions were required in the economic ' evaluation of the three alternative cases. It is significant A this time to point out that these assumptions were critical in the cost evaluation of ' alternatives. (1) Fuel Costs - Estimates for natural gas were obtained from the 1980 ' Official Statement. Nuclear fuel costs were obtained from a 1979 TMPA study and reflect NRC fuel cycle cost projections. Lignite ' costs developed by the Morrison-Knudsen Company reflect the additional costs required to maintain an adequate coal supply assuming early installation. No attempt was made to differentiate the costs assuming a later installation date. Table 2-5 presents a yearly summary of expected fuel costs. (2) Operation and Maintenance (O&M) Costs - Listed below are the ' assumed fixed and variable O&M costs for each unit. For each year in the study, O&M costs were assumed to escalate by eight percent per year. All costs are in constant 1981 dollars. ' Fixed O&M Variable O;M KW-Yr (Mills/KWHr) ' City Owned Gas Units 1.76 1.51 Comanche Peak Units 1 and 2 6.16 1.03 ' Gibbons Creek Units 1 and 2 9.61 2.56 Ci4M IGar~en.rRL 1 TABLE 2-5 ' FUEL COSTS ($/MBtu) ' Naturall Fuel2 Nuclear3 TMPA4 Year Gas Oil Fuel Lignite ' 1980 2.62 4.68 1.73 1981 2.83 5.07 0.54 1.86 1982 3.10 5.50 0.58 2.00 1983 3.42 5.96 0.66 2.14 ' 1984 3.70 6.46 0.72 2.30 1985 4.32 7.01 0.79 2.47 1986 5.03 7.60 0.86 2.66 ' 1987 5.87 8.24 0.94 2.85 1988 6.85 8.94 1.03 3.06 1989 7.99 9.69 1.12 3.29 1990 9.32 10.51 1.23 3.53 ' 1991 10.87 11.39 1.34 3.79 1992 11.79 12.35 1.47 4.07 1993 12.79 13.40 1.60 4.38 1994 13.86 14.52 1.75 4.70 1995 15.03 15.74 1.91 5.05 1996 16.30 17.08 1.09 5.42 ' 1997 17.68 18.52 2.29 5.82 1998 19.17 20.08 2.50 6.25 1999 20.78 21.77 2.73 6.42 2000 22.53 23.61 2.99 7.21 ' Rotes: 1TMPA valises through 1984; 16.64 percent escalation to 1991; 8.41 percent thereafter. 21980 actual cost of 4.68 (Oil 5 Gas Journal) and 8.43 percent ' escalation rate. 3TMPA provided in 1979 Study. Values adjusted to reflect 9.30 percent rate of escalation. Values consistent with latest NRC fuel cycle cost projections. 4TMPA lign.te costs based on date in Morrison-Knudsen letter to ' TMPA. ' Source: Identification of Future Capacity Re9uirements and Alternative Generation Sources, Texas Municipal Power Agency/Black & Veatch, December, 1980. ' oartl6~ar~aAa ss 1 t (3) Unit Performance Characteristics - Each unit was assigned the ' following operating values. These values applied for each year of the study. 1 Forced ' Outage Rate Heat Rate (Percent) BTU/KWHr) ' City Owned Gas Units - 110300 Comanche Peak Units 1 and 2 20.0 (22.1)(1) 100000 ' Gibbons Creek Units 1 and 2 14.0 (17.9)(1) 10,800 ' (1)Immature rate used for initial two years of operation. Scheduled outage rates of eight and four weeks per year were also assigned to the Comanche Peak and Gibbons Creek Units, respectively. ' (4) Yearly Energy Requirements - Energy projections until year 1990 ' were based on the values provided in the July, 1980 Official Statement. A 48.9 percent load factor was applied to the peak demand (plus losses) projections to obtain values past year 1990. ' The results are summarized in Table 2-6. 1 1 1 1 1 ' 66M1JWm~awNMM TABLE 2-6 ' TOTAL ESTIMATED ANNUAL MWH GENERATING REQUIREMENTS FOR TMPA Fiscal Year Generating Peguiremeat (MWh x 1,000 1981 2,980 1982 3,085 1983 3,286 1984 3,490 1985 3,686 ' 1986 3,857 1987 4,033 1988 4,208 1989 4,384 1990 4,563 1991 4,761 1992 4,946 ' 1993 5,127 1994 5$13 1995 5,497 1996 5,678 1997 5,864 1998 6,045 1999 6,225 ' 2000 6,411 Note: The values are based on the combined cities' energy requirements plus 3 percent to cover losses. Values for 1981 through 1990 were provided by TMPA in the July, 1980 Official Statement. The remaining values were extrapolated based on the peak load projection and a constant load factor of 48.9 percent. Source: Identification of Future Capacity Requirements and Alternative Generating Sources, Texas Municipal Power Agency/Black & Veatch, December, 1980. t 6iMM1l0MrnoerWa i (5) Financial Parameters and Ownership Costs - Table 2-7 below presents a summary of financial parameters used in the THPA study, These economic parameters were used to develop the yearly ownership costs. In the economic comparisons, yearly ownership ' costs are calculated by multiplying the total financing requirements given in Table 2-8 by the annual fixed charge rate, resulting in an equivalent annual ownership payment. These ownership payments, when added to the yearly production expenses, yield the total annual costs. TABLE 2-7 ECONOMIC ASSUMPTIONS o Present Worth Factor 10% o General Inflation 8% o Annual Fixed Charge Rate 13.11% o Bond Requirements 30-Year Bonds at 10 Percent Coupon Rate o Emergency Energy Charge 11,334 Btu/KWHr(l) (l)Emergency energy priced at equivalent cost of city-owned gas units (6) Production Expenses - Yearly production costs were calculated by assuming the Comanche Peak and Gibbons Creek units would operate to meet base load energy requirements while the City units would operate to meet the remaining, or peak load, energy requirements. ' The production costing technique used to calculate production expenses was based on an annual load duration curve approach. Using this method operating expenses are approximated by dispatching generating units to a single annual load duration curve. Non-TMPA energy was assumed to be available to meet energy deficits past year 1990. M System Expansion Summary ' Total system costs for each expansion scenario are defined as the summation of the yearly production expenses and annual ownership payments. In the 6l~rt IGmmon+wlN 1 4sN~~JI ~J rA Z C D C7 H W. 0 H r-~ W W %I r• O r• o W. o 0 o N N m 0 r r M a r r a° r n no C; CL 0) ~ rn H at n ~n Ayn m m o m m M r• m n N r r M C7 a r• 6 N w r r• m y H nnnnnn r n a 00 m'0 O 0. n m 6 O cn r W N r+ W. 7 r• w r• d a O k m vvvvvv w m w a MSC r c PL' gg w a 0-4 r n m m m m w g m r m W. m r W. a m W. eo>oa> > CrHa Ulm a c n wmarrr ~r•ooo an00 mn tr• mmm r cror a0 r• a n m m m c m w 0.0 n 1 w r• m O, g V N N C m ~p " rt FA O r t W V• O d w N N r, F+ m r*S c N O m°o arn~q gnn a~ wA r m 0 0 6 0. a a w m N c R O a 'n t m r a m m n m ry r n r '0 M CY ~ 00 m m m W. 7 P m O m m O m < r• m q m m r• M C1 m T a r r• O s O Rl m r p W rt 0 m r 00 6 W 7 H „ Im 'CS r M m N 'O A m m w d ~ H a r1 m N n m N 'V m r• n to k a r• m o. ry N O 4'. m r n H. m a A r com a m a n 0 r m co n r? w n o° m m m n n us > a+n o m ° rOa m ~r Mn O K 0 Con m n wnLO zoo rt (b o w R n n ° o e~ a n m nw° m no m mmoor woda N to v r to w r oA > xo 00 m i7 w r r a N w ~y H tr7 m a m a o N• m .•~omS- N0 N b'S ~a rx r m r a m wM • • m yr ri m > m r+ m a ~oN.•c rar m r n r• n W v N O 4o r v Boa A M o0 n p m • r o.• lw0%0 OVO.. -I Nz oo r r r. 00 op Im 0 (D 0 r? C3 cl w r• O c'f m C r m V it mh~ O r O n m A ~ 01- M r? O n r• n n a ~ r+ DO O N W n a n a o NoaoNaeI n r M Nwo,oorvraov o N N n n ~f pp O ~O 0o N 00 00 W V r r•+ m N O m m Cti• 00 r 0 0o 3s o n+ 00 V V ~O O M C m r m .-rooN O~0~0 ccN0 ~Or O m a 00 n m ~ o A M r• ' m n m m N O ' K ~ W O 00 Li w n n rw v ~ W 000 NWN r w N SOW O. 000000 Li LM Pad C% W rOA7rwr rD n N w w w W 00 90 rr %p V 0 W -t w 00 %a ~0 0 ~0 0 W~ F PA study, these costs were developed by adding the 20-year production penses to the 30-year annual ownership costs. Three cases were analyzed the TMPA study; acceleration of Gibbons Creek Unit 2 to October, 1987; celeration to October, 1990; and installation in October, 1993. Each of the cases were also analyzed for a one-year delay in the construction schedule. These results are not listed, however, since the cost differentials had a negligible impact on total costs. Each case was also investigated for partial unit sales of Gibbons Creek Unit 2 to a non-TMPA utility. These sales were based on a declining block schedule and would be ' in the form of a yearly purchase power agreement with an outside utility. Sensitivity analysis was also completed by varying several key operating and cost parameters to evaluate the impact on total system costs. Total Cost Summary The base case analysis includes the results of the total cost comparison of Cases A, 8 and C of the TMPA study, not including unit sales. Table 2-9 presents the results of the analysis in terms of total cumulative costs, ' including the 20-year production expenses and the 30-year annual ownership payments. The results indicate that acceleration of Unit 2 to 1987 represents a potential total cost savings of over $800 million when compared to a 1990 operation date and over $2.0 billion when compared to a 1993 operation date. Table 2-10 presents these results in terms of the equivi1ent annual power costs to the member cities. Total Cost Summary - Including External Sales The total system costs for each case including sales from Unit 2 were developed in the same manner as the cases where sales were not considered, except a capacity and energy credit was included in the total cost summaries. The basis for developing unit sales was on the assumption that increased savings could be realized if unneeded excess capacity were sold to an outside utility. The optimal unit sales were calculated using a marginal Gert/fanvmnwM r r TABLE 2-9 ' SUMMARY OF COMPARATIVE COSTS: EXCLUDING SALES TO NON-TMPA CUSTOMERS ($1,000) Case Al Case B1 Case C1 r Date of Commercial Operation Oct. 1987 Oct. 1990 Oct. 1993 ' Cumulative Actual Comparative Costs Total of 30 Years Annual Ownership Payments 20524,884 3,181,333 4,007,479 Total Production Costs 5,674,705 5,826,357 61217,149 ' Total Cumulative Comparative Costs 8,199,589 9,0079690 10,2240628 Differential Comparative Costs Base 808,101 2,025,039 SOURCE! Identification of Future Capacity Requirements and Alternative Generating Sources, Texas Municipal Power Agency/Black & Veatch, December, 1980. r r r r r 1 1 TABLE 2-10 ' ANNUAL POWER COSTS TO TMPA SYSTEM EXCLUDING SALES TO NON-TMPA CUSTOMERS (Mills/Kwh) r Case A] Case B1 Case Cl ' Date of Commercial Operation Oct. 1987 Oct. 1990 Oct. 1993 1988 83.22 70.58 70.58 1989 84.17 77.13 77.13 1990 86.55 85.09 85.09 1991 89.23 94.79 94.83 1992 92.09 96.33 102.64 1993 95.37 99.47 111.20 1994 99.05 103.01 109.27 1995 103.16 106.99 111.80 1996 107.75 111.45 116.11 ' 1997 115.27 118.85 123.37 1998 125.25 228.72 133.10 1999 136.23 139.61 143.86 2000 148.47 151.75 155.88 Average Cost 105.06 106.44 110.37 NOTE: Underlined values indicate which case has lowest costs. r SOURCE: Identification of Future Capacity Requirements and Alternative Generating Sources, Texas Municipal Power Agency/Black & Veatch, ' December, 1980. r ~r t r I' cost approach which estimates the capacity at which fuel cost savings do not offset the annual ownership payments. Table 2-11 presents the results of the TMPA marginal cost analysis. The capacity and energy credits were developed assuming a recovery of Gibbons Creek Unit 2 fixed costs. A 15 ' percent surcharge was applied to fuel and variable O&M expenses. A summary of the results of the system cost evaluations-for all three cases included sales as shown in Table 2-12. The results of the system analysis ' without sales is also presented to illustrate the relative savings between cases. These results indicate additional savings of over $900 million and $2.3 billion when acceleration to 1987 is compared to operation in 1990 and 1993, respectively. These sales, however, would be contingent on the procurement of a contract agreement with an outside utility to purchase ' yearly portions of Gibbons Creek Unit 2. Sensitivity Analysis r To assess the potential associated risk involved in accelerating Unit 2 to 1987, sensitivity analyses were conducted under a variety of assumptions. Bond rates were varied from a high of 12 percent to a low of 8 percent from ' the nominal rate of 10 percent; capital costs were escalated 15 percent; natural gas costs were reduced 20 percent per year while lignite costs were increased SO percent per year; and load growth was varied by t 10 percent per year. The cumulative differential dollar costs relative to the base case analysis (not including sales) are summarized in Table 2-13. These results indicate cost savings for acceleration of Gibbons Creek Unit 2 to October, 1987 for the given range of values. Based on this sensitivity of key parameters, it was concluded that minimal economic risk was associated with the decision to accelerate operation of a second unit at the Gibbons ' Creek Station. r r r MEN e r TABLE 2-11 e OPTIMUM SALES FROM GIBBONS CREEK 2 (Megawatts) Case Al Case B1 Case C1 Date of Commercial Operation Oct. 1987 Oct. 1990 Oct. 1993 Year ' 1988 345 = 1989 295 1990 245 - - 1991 190 225 1992 155 175 1993 120 140 - 1994 85 105 130 1995 50 65 85 1996 15 30 50 1997 0 0 15 1998 0 0 0 SOURCE: Identification of Future Capaci.cy Requireoents and Alternative Generating Sources, Texas Municipal Power Agency/Black & Veatch, December, 1980. r e r r r r 1 TABLE 2-12 SUMMARY OF r'OMPARATIVE COSTS TMPA REPORT I. L;7ERNAL SALES NOT INCLUDED Case Al Case BI Case C1 Date of Commercial Operation Oct, 1987 Oct, 1990 Oct, 1993 ' Total Cumulative Costs 80199,589 9,007,690 10,2240628 Differential Costs Base 808,101 21025,039 Percent Savings Base 9.86 24.70 II. EXTERNAL SALES INCLUDED Total Cumulative Costs 7,915,899 8,8890574 10,2220963 ' Differential Costs Base 973,675 2,307,064 Percent Savings Base 12.30 29.14 NOTE: All Costs in Current Dollars (x1000) SOURCE: Identification of Future Capacity Requirements and Alternative Generating Sources, Texas Municipal Power Agency/Black & Veatch, December, 1980. I 1 r r sari hannrrw"V r r 1 o x o ° C~ oo to C 7tl hi ° m m ' r v n n ° A c °w a r y n n O a a M n a n ro 1 n a M n °m ^ m h O R b7 O M n n r [7 g D ~O]. O n ro ^ IV r) P, w n a a x m M r K n a n ~ ~ ~ m R n ti w ft n n H. m m N N O d H• N. M O d d c N. C M 0 M ~ O ry O n A n C3 ro M 'S n a r C R R p R ~ f+ R r ao n o n o m lb 03 r 19 O C A N. tsi n g ' R r A R7 n o op W O m m b n O i+7 C O A n n A H m R O r CL n a w 00 co of r n rn oo v oe K r o e ao ono o°o o a x a a o in " w C e a ono a H M r n a o r ao v o~e ~ n LA N b b W b nA. o v. oo .c a e w 1 1 1 r SECTION III REVIEW OF THPA EXPANSION STUDY INTRODUCTION A decision to accelerate the construction of a second unit at the existing ' Gibbons Creek Station will entail the resolution of several technical, operational and cost constraints before a capital investment should be committed. The economic analysis completed by THPA's consultant in Section II has indicated that potential savings can be realized by the acceleration of Unit 2. It is important, however, to recognize that in addition to a ' system cost evaluation, extensive investigation of non-economic factors should also be completed prior to the commitment of capital resources in order to minimize risk. These factors include unit operational constraints, the impact of regulatory decisions and policies, depletion of City resources and other concerns which may impact the decision to accelerate Unit 2. Thus, it was the intent of this review to evaluate the system economic analysis completed by THPA and to identify specific concerns which may influence a decision to accelerate Gibbons Creek Unit 2. When appropriate, ' THPA assumptions and methodologies used in the economic analyses were modified to reflect more comprehensive system evaluation practices. A'.y ' changes in cost or operating data, in addition to recommended changes in methodology, were used in Section IV - Comparison of Denton Expansion Alternatives. Several intangible factors not directly related to cost, but ' which have a bearing the decision to accelerate Unit 2 are also presented. LOAD GROWTH Projected THPA system demand and capacity requirements illustrated in Table 2-1 were used to establish the capacity surplus/deficits shown in Table 2-2. Growth rates specified in the THPA study ranged from approximately 6.5 ' percent in 1983 to 4.0 percent in 1990 to 3.5 percent by 1995. Although each city has varying gro.th patterns, the downward trend reflects the demand forecasts of the member cities. At this time, the demand forecast 6ibrt ICo~nmcraMtL i ' appears reasonable based on individual city projections. Similarly, the energy projections are representative of the member cities and require no changes in base case assumptions. Of particular concern, however, is the sensitivity of peak demand and energy forecast to potential inc•:eased conservation measures and implementation of load control techniques. While the base case forecast appeared credible, historical results of typical utilities have indicated that yearly growth ' patterns can be highly unpredictable. The combined effect of these factors indicate that lower (and less likely higher), growth rates are possible and should be included in the cost evaluation. In terms of a system economic ' evaluation, large variations in load growth can profoundly influence the results of the analysis: a capacity shortage reduces system reliability and ' forces higher cost units to operate more often than desired; a capacity surplus, on the other hand, will result in a capital penalty to base load ' generation units since these units must operate continuously at high capacity levels to remain cost effective. 1 In the TMPA study, sensitivity was conducted for high/low load growth cases of + 10 percent. In terms of the yearly growth rates, ten percent of the nominal rate for 1983 amounts to a change of approximately + .65 percent per year or + 5 MW. By year 1995, the total increase/decrease from the nominal ' figure of 1246 MW is less than 15 MW for ten percent low load growth. Since load projections are likely to be high due to potential conservation ' measures and historical trends, a sensitivity analysis was completed for a 25 percent decrease in growth rate. ' RELIABILITY As a basic premise to the TMPA study, expansion plans were developed to improve system reliability. In termp of the TIS proposed requirements, TMPA must maintain a system reserve margla of 23 percent of yearly peak demand. Table 2-2 indicated that by this criteria, TMPA has sufficient generation until 1994, when a capacity deficit of 43 MW occurs. Thus, reliability ' requirements are met until 1994 for the TMPA system. 64t1ranrno~+wRA 1 Using an LOLP analysis, however, the TMPA study indicated that system reliability could be improved through the early installation of additional generation. It is important to note that while the TIS maintains a state-wide LOLP of one occurence per ten years, TMPA's primary requirement is to meet the system reserve margin of 23 percent proposed by the TIS. The TMPA LOLP analysis indicated that a criteria of approximately 10 occurences per year'would represent their contribution to the overall TIS level of one occurence in ten years. It was determined that unless additional generation was added by 1990, system reliability would be impaired since LOLP indices would rise above 10 occurences per year, as illustrated in Table 2-3. An inspection of the transmission system of cast Texas utilities indicates a high degree of system integrity due to interconnections with other major ' Texas utilities. Several 345 KV and 238 KV interconnections with Dallas Power and Light and Houston Lighting and Power generation stations provide a ' sound emergency generation source in the event of a TMPA unit outage. A loss of Gibbons Creek would not seriously impair system reliability since the size of the unit is relatively small compared to the MW capability of ' the interconnections. In addition, percent reserve requirements will be met with or without the installation of Gibbons Creek Unit 2 until 1994. The ' combination of sufficient TMPA generating capacity levels until 1994 and strong later-area transmission interties indicate that THPA system reliability should not be an overriding factor in the decision to accelerate Gibbons Creek Unit 2. ' FUELS AVAILABILITY AND COST ' One of the primary areas of concern in the treatment of fuel costs in the TMPA report was the availability of natural gas and the provisions of the, ' Fuel Ure Act. Because of the perceived natural gas restrictions, TMPA projects an energy and capacity shortage in year 1990. Table 2-2 indicates a base load capacity shortage of 14 MW in 1990 and an energy deficit of 81 GWR in the same year. While the replacement of high cost natural gas with lower cost lignite may prove beneficial to THPA and ultimately to City of 1 ' Gen%ICanea N" Denton customers, it is expected that the Fuel Use Act will either be modified in part or eliminated entirely. Current pending legislation ' indicates that gas consumers such as TMPA will be supplied the necessary allocations to meet future need. Coupled with several new major gas discoveries and the eventual deregulation of gas, there is no compelling indication that gas supplies will not be available to supply future power ' requirements. ' A second concern is the cost of lignite specified in Table 2-5. The costs listed are based on the mining cost study completed by the Morrison-Knudsen Company. While the lignite cost analysis completed by Morrison-Knudsen was comprehensive and according to standard mining and transporting costs, these costs were developed based on the early installation of Gibbons Creek Unit ' 2. If Unit 2 is not accelerated, lignite costs may change due to lower mining costs. A delay in construction of Unit 2 will require an alteration ' of mining plans since less lignite will be needed in the earlier years. Lower lignite costs would result from the smaller lignite supply requirements for years 1981 through 1993. Under these assumptions, deeper ' coal seams would not be excavated as early in the delayed plan, thereby reducing mining costs. Even if Nome lignite reserves were lost in the earlier years, the potential cost savings could warrant such a mining plan. A third concern is the TMPA system expansion analysis which includes yearly incremental sales of power from Gibboas Creek Unit 2. Table 2-12 clearly ' illustrates that when unit sales are included, the economic advantages of acceleration are considerably more favorable. While partial unit sales may provide potential economic benefits to TMPA customers, the question is ' raised regarding the desirability of selling city resources to an outside utility. Under this arrangement, city-owned lignite resources would be ' depleted to supply other utilities. The trade-off, of course, is the benefit of near-term savings versus long-term resource availability. ' C+betlCanaawwRa Other potential concerns could also occur if the City of Denton were to ' forego participation in Unit 2. A decision to not participate would effectively remove Denton's authority to approve or disapprove any future project. In addition, all outside sales of power from Unit 2 could irfringe ' upon Denton's percent ownership in the lignite reserves. The sale of this energy would involve a depletion of City resources and might require THPA to compensate Denton for these losses. Additional compensation could also be required to account for the differences in lignite costs between Units 1 ' and 2. OPERATING CONSTRAINTS The acceleration of Gibbons Creek Unit 2 to October, 1987 presents operational concerns which were not addressed in the THPA study. The addition of a second lignite unit represents a total base load capacity of ' 942 MW, including 142 MW from the Comanche Peak project and 400 MW from Gibbons Creek Unit 1. THPA peak load projections indicate a 1987 peak requirement of 915 MW, which means existing base load capacity would exceed ' total system peak demand by 27 MW. Combined with the 932 HW's of existing gas-fired generation, the total THPA system capacity in 1987 would equal ' 1874 NW, an excess of 959 MW of generation capacity, not including losses or system reserve requirements. This high level of generation implies that e such of this capacity would be idle for a significant portion of the year. ' Large generating units such as Gibbons Creek are designed to operate specifically for base load application. During low load periods, however, system load levels could necessitate the removal of Unit 2 from the dispatch ' schedule or force the unit to operate as a cycling unit designed to follow daily load fluctuations. Figure 3-1 illustrates the effect of having excess ' base load capacity during light load periods. In this graph, THPA daily load requirements for an average day were plotted to illustrate that relatively little additional generating capacity will be required to meet demand, after the output from the Comanche Peak Station is included. With both units operating simultaneously, generation output for each unit would 1 ' sa.r isaa~en.Maa HOURLY DEMAND (MW) , N Y a e O V e z O O O O O O O O O = I ' a ~ I • I I ' I e = m I 0 > 00 ' Z -1 o I a s m 3° Z z ma ° > o' I ea it O f m z z c 1 0 I on -C 3r 1 ~m m 10 » ~ 0 0 a f 70 2 I 9 O r + I m m f co e I ~ ' I ~ I N e f o I c ' ~ i 0 1 : I ' 1 1 t-f: Moll ' M ' range approximately from a high of 175 MW to a low of 85 MW, well below the maximum capability of 400 MW per unit. The direct consequence of operating the Gibbons Creek units in this mode is ' an increase in unit forced outages and maintenance. Daily cycling of large base load units creates thermal stresses, resulting in the increased number ' of unit outages and maintenance expenses. A secondary effect of unit operation at low output levels is the degradation of unit efficiency and the subsequent increased operating costs due to high unit heat rates. The 1 combined effect of these factors indicate that a decision to accelerate Gibbons Creek Unit 2 is strongly dependent on the yearly sale of portions of ' Unit 2 until load levels are commensurate with required unit operating levels. These agreements should be formulated prior to a decision to ' accelerate commercial operation in order to minimize these operational hazards. CAPITAL COSTS ' The capital cost assessment completed by THPA as shown in Table 2-8 Illustrates the differences in financing requirements for 1987, 1990 and ' 1993 operation dates for Gibbons Creek Unit 2. Early operation of the unit would result in capital coat savings in terms of currant dollars when ,compared to a later operation date. However, in terms of real dollars capital costs are basically the same regardless of the time frame for commercial operation. Thus, two factors contribute to the potential savings 1 to be gained from early operation: (1) lower fuel costs due to the displacement of high cost gas with low cost lignite and (2) lower financing ' requirements. ' In terms of the development of capital costs for Unit 2 for each date of operation, the estimates and the methodology used have been reviewed to determine the financing requirements. The results have been judged ' reasonable according to standard industry procedures. Although the actual total base capital costs may be different depending on projected equipment ' and labor costa, the costa presented appear to correspond with the additional costs needed for installation of a second unit at the Gibbons / Creek Station. / sa+.s rco~,~.ru I METHODOLOGY The proposal to accelerate the date of commercial operation of Gibbons Creek Unit 2 is predicated on three general conclusions set forth in the TMPA engineering feasibility study. ' (1) THPA system reliability is improved and TMPA's reponsibility to meet the TIS system outage criteria will be met if Unit 2 is ' accelerated to 1987. (2) THPA reliance on scarce fuels (natural gas) is minimized and the requirements of the Fuel Use Act are achieved by early operation of Unit 2. ' (3) THPA will realize economic advantages through the displacement of natural gas with low cost lignite. Basic concerns regarding the first two conclusions have been identified and ' discussed in previous sections. In this section, the methodologies used to develop the results of the THPA system economic analyses presented in ' Section II are evaluated. All changes in assumptions or techniques used to calculate costs are applied to the economic analyses completed in Section IV - Comparison of Denton Expansion Alteruatives. ' THPA system costs for each scetario were developed using two methodologies: (1) total comparative costs and (2) annual power costs. In each analysis, early operation of Gibbons Creek Unit 2 was shown to have significant ' economic advantages. These results are summarized in Section II. Development of total system costs using either methodology is based on the ' summation of two primary cost items, (1) fixed charges and (2) production expenses. Fixed charges are the annual costs incurred due to the yearly capital financing requirements and are a function of the expected unit capitol costs. TMPA capital cost estimates for each case were deemed appropriate according to standard industry procedures and will not be ' altered in any subsequent analysis. 1 The primary concern in the TMPA economic analyses centers on the methodology used to calculate annual production expenses. This evaluation is critical ' since the economic advantages cited by TMPA were based on the savings in production expenses due to the displacement of high cost natural gas with ' low cost lignite. If the cost margin between cases in the TMPA analyses were to change by an appreciable amount, the economic ranking of alternatives could also change. The p-oduction costing technique used to calculate production expenses in ' the TMPA study is based on an annual load duration curve approach which approximates operating expenses by dispatching generating units to a single anr:ual load duration curve. This technique is often used in the pre-screening of large number of generation alternatives. It is believed ' that a more comprehensive production costing approach is appropriate considering the importance of the TMPA proposal to accelerate Unit 2 to 1987. Specific concerns in the production costing analysis used by TMPA include ' the dispatching of units to meet an annual load curve, modeling the city gas-fired units as one single unit, assuming identical beat rates for all ' the city units and not accounting for heat rate degradation at low unit loading levels. Because of these concerns, our TMPA system expansion analyses were calculated in Section IV using a bi-hourly production costing ' model to simulate TMPA system operation. OTHER CONCERNS ' To this point, several concerns dealing with the treatment of economic and non-economic factors in the TMPA study have been identified. When ' necessary, changes in cost and operating parameters or methodology have been presented and were used in Section IV - Comparison of Denton Expansion .Alternatives. Of equal concern, however, are many key intangible aspects ' which could impact on a decision to accelerate the operation of Gibbons Creek Unit 2. The purpose of this section was to identify significant s+erti ro,~.w~n intangible concerns and how they may influence a decision to accelerate 1 Unit 2. Although these concerns may not directly affect the results of a system expansion analysis, it is important to recognize that a large financial commitment and the associated risks are at issue and that all ' relevant factors should be examined and assessed prior to a decision. Listed below are several intangible factors which are presented to ensure ' that citizens of Denton are cognizant of potential concerns and that reasonable judgement be applied in any forthcoming decision. (1) To date, THPA as an agency has functioned primarily in a project management role. THPA will shortly move from a project management type group to an operations-type environment and will. have to mature the operation of Gibbons Cre:•k Unit 1 and the associated ' mine. While THPA has moved expeditiously to ensure an adequate supply of energy will be available to meet city requirements, successful operation of these units has yet to be established. A decision to accelerate Unit 2 to 1987 when additional generation is not required until 1994 may appear to be unreasonable and t premature to City Board Members in light of the lack of an established operations record. ' (2) The full impact of operation and costs for existing THPA projects has yet to be established and will not be realized until these units come online. Customer response to potential rate increases rill be forthcoming in the next one to three years. (3) The proposal by THPA to advance Unit 2 contrasts with the utility ' industry's move to conserve capacity and to examine non-traditional cost-saving areas such as load control acd load management. Current projections clearly indicate that Idditional capacity for the TMPA system is not required until 1994. Any decrease in growth rates will further'extend this date. Acceleration to 1987 will already result in over 700 Ml of excess capacity, including losses and reserve requirements. Compared to 6w11CannnnwltA r the implementation of an ambitious conservation/load management program, the move to initiate early capacity additions could represent a higher cost option to TMPA and ultimately, to City of Denton customers. ' M MARY OF TMPA STUDY CONCERNS r In reviewing the results of the TMPA study, several economic and non-economic concerns have been identified and discussed in detail. Each of ' these concerns serve to raise additional questions on the soundness and viability of the proposal to accelerate operation of Gibbons Creek Unit 2 to t 1987 without a firm commitment for the sale of excess power. Table 3-1 summarizes these concerns and provides the basis for the system evaluation ' completed in the following section and for our recommended course of action for the City of Denton. r r r r r r r r r, ;r. 1 1 TABLE 3-1 CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION 1 THPA STUDY CONCERNS RELIABILITY a Loss-of-Load Probability analysis is based on subjective assessments a Strong transmission ties provide adequate back-up emergency generation • THPA will meet TIS requirements until 1994 1 FUELS AVAILABILITY AND COST 1 o Adequate natural gas supplies ahould be available with the repealment or modification of Fuel Use Act a Identical 2 unit lignite costs were used for all cases a Incremental sales of Unit 2 to outside utilities will result in the depletion of City resources OPERATION CONSTRAINTS (Without Excess Capacity Sales) 1 s Acceleration of Unit 2 will require cycling in earlier years s Operation at lower unit load levels results in losses in unit efficiency and increased maintenance costs and unit outages 1 a Low system load levels may mandate removal of Gibbons Creek Unit 2 from dispatch schedule 1 METHODOLOGY - ANNUAL PRODUCTIUN COSTS a A Comprehensive production costing analysis was not undertaken e Individual units were not modeled separately 1 a Daily system load fluctuatons were not considered e A single heat rate was assumed for all City gas-fired units a Unit beat rate degradation at low output was not considered ' OTHER 1 a Successful operation of current TMPA projects has not been established a Full impact of existing projects on rate base has not been established 1 a Proposal to accelerate Unit 2 contrasts with utility industry's move to conservation and load managtment 1 1 Gast ICaMWft"" r e ~t w t SECTION IV COMPARISON Or DENTON EXPANSION ALTERNATIVES ' INTRODUCTION The analysis completed by TMPA and presented in Section II provides the basis to the system economic evaluation conducted in this section. To determine if acceleration of Unit 2 would provide economic advantages to City of Denton customers, system economic analyses were completed under two scenarios: Denton participation and non-participation in the proposed ' Unit 2 project. By participating in the Unit 2 project, Denton would assume their portion of all costs associated with the Unit 2 project. Under the ' non-participation arrangement, TMPA would continue to supply Denton energy requirements; however, all costs associated with Unit 2 were excluded. r The economic analysis in this section was completed utilizing most of the material presented in the TMPA system expansion summary section. In terms of a system economic evaluation, the primary modification was the method used to develop production expenses. To obtain a more accurate estimate of t yearly operating expenses, a bi-hourly production coating computer model was used to simulate TMPA system operation. Using this model, system operating expenses, which include O&M and fuel costs, were calculated by simulating the bi-hourly centralized economic dispatch of TMPA units, recognizing unit commitment and operating constraints. Table 4-1 rumsarizes the basic differences between methodologies. Specific unit operating and cost parameter used in the production cost model are presented in Tables 4-2 O and 4-3. Hourly load profiles used in this model correspond to the demand profiles for the City of Denton and were adjusted to represent the load levels of the entfre THPA system. Since load diversity for Denton has been estimated at r approximately four percent of the TVA system load, daily per unit load profiles for the City of Denton were deemed reasonable to estimate 171PA load ' requirements. When necessary, the profiles were adjusted slightly :o match the yearly TMPA energy projections listed in Table 2-6. - -4e.trcamwn.wu e .~assas~anrm Total system costs were then developed by combining the 1981 through 1995 annual production expenses with the yearly ownership payments to establish ' TMPA annual power costs to the member cities. This followed the format presented in the 1980 TMPA Official Statement. City of Denton Annual revenue requirements were calculated by applying these costs to the annual Denton energy requirements and then adding existing City debt service and other costs. TMPA SYSTEM EXPANSION - DENTON PARTICIPATION IN GIBBONS CREEK UNIT 2 As indicated earlier, the methodology used to develop total TMPA system costs in this section is similar in most aspects to those TMPA procedures presented in their report, the primary difference being the technique used e to develop production expenses. TMPA capital cost estimates and projections were judged reasonable based on accepted estimaticg techniques. Load projections for the base case analysis, yearly fue•1 and O&H costs, unit forced outages aid maintenar.ce scheduling, and general inflation rates are other paramete rt which also remained unchanged. These values are provided in Section II ,f this report:. All changes in operating or cost parameters were discussed in Section III and are presented in Tables 4-1, 2, & 3. Three base case analyses were also completed: Case I - operation of Gibbons ' Creek Unit 2 in January, 1988; Case 2 - operation of Unit 2 in January, 1990; and Case 3 - operation of Unit 2 in January, 1993. In the TMPA study, operation was assumed to begin in October for all three cases to correspond with the beginning of the next fiscal year. Thus, in the THPA analysis, debt service requircment.s did not begin to accrue until the year following the assumed operation date. In this analysis, debt service was allowed to accrue the same year as the first year of operation. A detailed account of e the treatment of debt service tenVirements and the development of City of Denton annual revenue requirements is presented later in this section. 1 r TABLE 4-1 CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION COMPARISON OF STUDY ASSUMPTIONS AND METHODOLOGIES ITEM TMPA GILBERT ASSOCIATES a Production Costing Annual Load Duration Bi-Hourly Production Analysis Curve Approximation Simulation (MPS) 1 • Study Period 1981-2000 1981-1995 e a System Load Model Annual Lead Model Paily Load Models a Fuel Use Act Limits Gas Use Past Assumed Rcpealment 1990 or System Exemptions ' e Unit Loading Levels Not Used Assumed Minimum Unit 1 Loading Levels a Unit Heat Rates All City Gas Units at 431 MW at 10,000 Btu/Kwhr 11,300 F,tu/Kwhr 501 MW at 12,500 Btu/Kwhr s Heat Rate Degradation Not I'sed Heat Rate Degradation at Low Output Factors Used at Low Output ' o Spinning Reserve Not Used 6 Percent of Annual Peak Load 1 r r r r ~ ~m, + n Y7 rl 1 Donn 222 z Ivmmmm Sj n ~ ~ ~ i4 114 ~ ~ ° $ ~ ~ ~ ~ ~ ~ a ¢s ~ i ~ N N ~ -~'e e va Vlar eP. r v pIp r r ~ W N r V 1 W r U T A W r r 1 V N p N Pon o apN I.1 111~~~ IIIR,,, I`♦I IY WNW l.~ R1'R 3a ^rN ~g N uu pp~1 pp~~ p yy~1~ NNYNim POY1Nab OOlN/1N S~ONNINV~ n p aL• j J1 r N N m N N N N mmN N m Nm N N m Nm N N N N N m Nm N N mmm yV11 ~ ~y WWWW WIm.amP6 VW~i .~i W~~tJ~u 0101• a~ ~r ~.rr rrrrrr rrrr rrrrrr. 000 C~ N N N N p O O N N N N N N N O NNNN N a= s n NK r N 7t ~ ~ ' ar prl pry ~ Nm Wm ;INidmmm mmmm :m mmmm mmm If+ t N N S I•{ 1 r Iy pI YIM~ OO YI 4T VIN VI VI0 VI OVI VI VINN jj0 0000 000000 OOOC! OOOOOQ 000 r r vv s t. N N N N NNNN N N N N N N NNNN N ♦ 1 m r~ N rrrr rrrrrr rrrr rrrrrr Ipy p1 ~YI VVV VV, yV~J V• VV VVVVVV env, IYS TT01~ aP101P OIT 0101010/ O.TOI 010101 rr01 1 rrrr rrrrrr rrrr rrrrrr NNr ,rY V~N VJN NN Ys n't LA AIM AVI i4l Win V1 v'6 YI ~+.0 NV r r rr. r.•r rrr rrrr.r Ija rrr~r~a~~r~r TABLE 4-3 CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION ' NET UNIT HEAT RATE ANALYSIS POWER HEAT RATE ' UNIT (MW) BTU Kwr COMANCHE PEAK(1) 36 (Min) 10,530 53 10,040 71 (Max) 101000 ' GIBBONS CREEK (2) 100 (Min) 12,600 (Estimated) 156 11,538 ' 235 10,916 315 10,682 380 10,686 400 (Max) 100800 1 CITY UNITS (3) 25x(4) (Min) 1.22(5) 50% 1.07 75% 1.02 100% (Max) 1.00 Notes: (1) Sources: (a) Full load heat rate - TMPA study (b) Derations - "Synthetic Electric Utility Systems for Evaluating Advaated Technologies," EPRI EM-285 (2) Values supplied by TMPA (3) Derstion multipliers - EPRI EM-285 ' (4) Percent of full load (5) Relative to full load ' Ad9rtlta~a~wt1 ' TMPA Production Costs For the years 1981 through 1995, a production costing model was used to develop TMPA annual production costs. The model was based on synthesizing ' the TMPA system through the use of Denton's hourly demand data used in the "1980 Power Supply Study". The load profiles developed for that study were based on a four year average of Denton's hourly demands expressed as a percent of the peak hour. t Input to the model included each existing unit on the rMPA system, plus Comanche Peak Units 1 and 2, and Gibbons Creek Units 1 and 2. Fuel costs, 00 costs, forced outage rates, maintenance schedules, and incremental beat rates were established for each unit. Based on a centralized economic ' dispatch of TMPA units, annual production costs for TMPA were then developed. The results of the three cases under investigation, presented in Table 4-4, show the total annual production costs of the TMPA system. ' Additional detail of annual production costs are presented in Appendix B. ' While a direct comparison between this method of developing production costs versus that presented in the TMPA report is not possible due to the ' difference in commercial operation dates, a reasonable comparison was made between our annual coat. and TMPA's fiscal annual costs. These are ' presented in Table 4-5 and summarized in Table 4-6. The point to be emphasized is that our methodology did not result in as large a difference in total production costs. The basic difference between methodologies was a ' lower amount of displaced gas-fired generation. 1 1 ' BiE.+lCanawnWte - 1 r TABLE 4-4 ' CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION 1981-1995 TMPA ANNUAL PRODUCTION COST SUMMARY 1 CASE 1 CASE 2 CASE 3 ' IiAR Jan. 1988 Jan. 1990 Jan. 1993 1981 91,105 919185 91,185 ' 1982 96,378 96,378 969378 1983 96,390 969390 96,390 1984 101,525 101,525 1019525 1985 1189778 118,778 118,778 ' 1986 139,011 139,011 1399011 1987 163,302 163,302 163,302 ' 1988 165,102 193,380 193,380 1989 189,221 228,228 2280228 1990 215,340 216,036 271,350 1991 247,808 2490049 324,381 r 1992 2810441 281,441 3720804 1993 319,257 3199257 322,592 1994 364,283 3649283 3680469 1995 412,761 412,761 412,761 Totals 3,001,781 3,011,004 3,300,536 ' Notes: (1) All costs in current dollars (x1000) (2) Sum difference includes round-off error i r r r r r r COW fflowwww" r z y r r r r r r r r r r r r r r r 00 y ~ v~rW NrO~00o VO~IJ~ rW Nr N W Nr O rW W NNNr.+ rrrr ~✓v O N C1~lVOn ►~+v 44NA77 ~1W W d0~1..f 0~0~~'' ~9 i I/5 O 000 V ~ 6 r N W v v N N N o co an w O a a i ~ n A C r W. 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W x I> ' ►i A f0 b > L7 b ►~i O ~ H Vi m M w a 4 n a a o N N o r N r C N O~ z ' ~M x ~O N yyyp ' W O N LA w U tl N a N a W ww W ' N O~ r N I~ oe w a 05 1 TMPA Financial Analysis The objective of the financial analysis was to develop the relevant revenue requirements associated with each of the cases. Specifically, the relevant a revenue requirements must reflect the incremental effect of three alternative construction dates for Gibbons Creek Un1L 2. ' This analysis was base on the results of previous studies conducted for TMPA by Black and Veatch, and for the City of Denton by Gilbert Associates. Many ' of the assumptions previously made were adopted; however, additional analysis was performed where different or more recent information was deemed appropriate. From the financial analysis standpoint, the primary assumption was that all of Denton's electric energy requirements past 1980 would be provided by TMPA. Therefore, reconstruction of the TMPA financial statements enabled ' the calculation of a per unit cost of energy. This cost multiplied times the Denton energy requirements produced purchased power costs of energy from ' the TMPA system. The development of operating revenues and unit cost of power follows the format presented in THPA's Official Statement dated August 1, 1980. However, two important changes were made: first, the time period was ' extended to 1995 and second, the fuel and operations and maintenance expenses were recalculated as discussed earlier. ' Operating revenues were back-calculated through the addition of all ' expenses, debt service, and coverage requirements. Production expenses used were those presented in Appendix B. Non-production expenses, escalated at a ' fixed percentage, were common to all cases wtth the exception of insurance whict equals the 1987 value plus 0.5 percent of new unit total financing requirements. ' The annual Debt Service requirement was adjusted to exclude those capital costs associated with the mine since they were included in the cost of fuel. ' SUI rAffWoer" t For each case, additional debt service for Gibbons Creek Unit 2 reflects a 30-year amortization of 10 percent bonds based on the escalated capital cost ' in that year. ' Bond coverage was held constant at 1.25 as defined in the Official Statement. Interest Income was assumed to be 7.135 percent of Net 2perating Revenue. Energy sales for 1981 through 1990 were obtained from the Official Statement. Beyond 1990, sales were escalated at 3.5 percent per year. Unit cost of energy was calculated by dividing total costs by energy sales. O Presented in Exhibits 4-1-1 through 4-3-2 are TMPA's Projected Operating ' Results for the period 1981 through 1995 for all three cases. The cost of power is higher than that shown in the Official Statement; however, this is primarily due to the inclusion of production costs for all of TMPA's ' generation, including city-owned generating units. ' City of Denton Financial Analysis ' Total revenue requiremeats for the City of Denton include existing debt service and financing requirements plus energy costs for TMPA purcbased ' power. These energy costs were calculated by multiplying the unit cost of powe_ on the TMPA system times the energy requirements for the City of Denton. Energy projections past 1990 assumed the same percentage growth ' rate as for TMPA. ' The cost of energy obtained from TMPA is the only variable item for all three cases. Common to each case are existing debt service requirements associated with refinancing old revenue bonds, proposed capital expenditures for upgrading sad maintaining the system, other income, sad funding requirements established by the refinancing bond covenants. As a result of the refinancing conducted in 1978, there are several bond ' indentures establishing funds which affect future Load issues, and which r _ sa~~ i must be addressed in the Financial. Analysis. For the purpose of this analysis, all funds with the exception of the retirement fund, are financed according to the indentures of the 1978 bonds. This required that the Reserve Fund and Coutingency Fund be augmented based on the size of the new issues. The Improvement Fund is based on the gross revenues of the electric system minus the cost of fuel and/or purchased power. The Improvement Fund is used for needed capital expenditures except as otherwise noted. One final item considered common to all the cases is the transfer of funds from the Electric Utility to the General Fund of the City. As a practical matter, the electric utility need only set its rates at a level to generate sufficient monies to cover the Debt Service Requirements at a 1.4 coverage ratio. However, precedence has been established and has now become an ' operating reality for the electric utility system whereby some funds are transferred to the General Fund. For this analysis therefore, revenues are generated at a level sufficient to allow continued transfers. Based on the 1981 estimated amount of $1,334,000, transfers to the General Fund have been increased at 6.3 percent/year. The revenues from sales for each case are developed by back-calculating from ' the amounts required to cover all transfers, funding requirements, debt service and operating expenses. Presented in Exhibits 4-4-1 through 4-6-2 are the projected operating results for the City of Denton for the period 1981 through 1995. ' Tables 4-; and 4-8 illustrate the results of the base case analyses. The annual power costa presented in Table 4-7 are the projected TMPA annual power costs in mills/Wlir for each member city. For the city of Denton, the projected annual revenue requirements presented in Table 4-8 and illustrated ' in Figure 4-1 sere developed by applying these costs to the Denton annual energy pro!ections. These results indicate that Case 2 - operation of Gibbons Creek Unit 2 in January, 1990, has the lowest cumulative 15-year costs. However, the difference of $2.493 million, only represents a savings of less than one percent. This is below the expected margin of uncertainty in this type of cost analysis. Thus, in terms of Denton revenue requirements, all three cases' can be considered economically indiffereat. r TABLE 4-7 r CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION TMPA ANNUAL POWER COSTS YEAR CASE 1 CASE 2 CASE 3 r Jan. 1988 Jan. 1990 Jan. 1993 1981 33.35 33.35 33.35 1982 35.19 35.19 35.19 1983 52.65 52.65 52.65 1984 55.10 55.10 55.10 1985 58.77 58.77 58.77 1986 61.28 61.28 61.28 1987 65.20 65.20 65.20 r 1988 83.40 70.09 70.09 1989 85.02 75.74 75.771 1990 87.86 91.95 82.79 1991 91.53 94.54 91.12 r 1992 95.41 98.05 98.10 1993 99.96 102.50 109.26 1994 105.53 107.98 113.48 1995 111.42 113.79 118.32 , r NOTES: (1) All costs in mills/KWHr. (2) Underlined values indicate lowest costs past 1987. r r r r r r TABLE 4°8 CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION CITY OF DENTON ANNUAL REVENUE REQUIREMENTS YEAR CASE 1 CASE 2 CASE 3 - Jan. 1968 Jan. 1990 Jan. 1993 1981 24,879 24,879 249879 1982 27,852 27,852 27,852 1983 39,686 39,686 39,686 1984 48,824 48,824 48,824 1985 550211 55,211 55,211 1986 59,790 590190 59,790 1987 65,842 650842 65,842 1988 84,741 73,167 73,167 1989 89,555 81,184 81,184 1990 95,995 990823 910249 1991 104,235 107,173 103,835 1992 112,183 1149860 114,910 1593 121,851 124,523 1319635 1994 133,136 135,806 1419801 1995 145,279 147,952 _ 153,062 Total Costa 1,209,065 1,206,572 1,2129927 Sum Difference Base (2,493) 3,862 Note. All costs in current dollars (x1000) i ter 1 FIGURE 4-1 r 150 CITY OF DENTON / ANNUAL REVENUE REQUIREMENTS 140 / 130 i 110 / e 110 / r 100 / i r 94 CASE 1 Y 00 CAGE 1 / CASE 0 70 1007 SO 09 90 01 00 00 94 1095 YEAR r r "he primary reason for the cost differentials between our analysis and the TMPA study is the treatment of production expenses. The yearly cost differences between cases was lower using the bi-hourly production simulation model. A thorough description of TMPA system production costs is presented in Appendix B. COMPARISON OF ALTERNATIVES As previously stated, the objective of this study was to determine whether or not acceleration of the construction date of Gibbous Creek Unit 2 would offer any financial benefit. Presented in Table 4-9 is a summary of revenue requirements taken from the Projected Operating Results for the City of Benton. For the period 1988 through 1995, the revenue requirements for each case are, shown in terms of current dollars and in terms of constant 1981 dollars. It can to seen that Case 2 (1990 inservice date) has lower revenue requirements than Case 1 and Case 3 in current and constant dollars during this period. Beyond 1995, production expenses for all three cases will be equal. Therefore, the :uly difference between cases will be the fixed costs ' associated with each inservice date. Table 4-10 presents these costs for TMPA in current dollars. Case 1 fixed costs are lower than Case 2 by $13,231,000 and Case 3 by $38,799,000. Adjusting this difference for the A ratio of Denton energy to TMPA energy yields a $2,796,000 difference for Case 2 and a $8,198,000 for Case 3. However, since Case 2 is the lowest economic alternative through 1995, the fixed cost difference was expressed as ($2,796,010) for Case 1 and $5,402,000 for Case 3. In Table 4-9, the period 1996 through 2018 presents cumulative difference betwten cases. Case I results in lower total revenue requirements in constant dollars in the year 2003. Case 3 diverges from Case 2 so that through 2018, Case 1 is the preferred alternative by $2,715,000 over Case 2 and by $15,794,000 over Case 3. Although, Case 1 finally emerges as the least costly alternative when the full debt service is included, the savings is only 0.7 percent over Case 2 and 4.0 percent over Case 3. arv_r~ t TABLE 4-9 ' CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION PRESENT WORTH ANALYSIS 10% CASE 1 (1988) CASE 2 (1990) CASE 3 (1993) YEAR P.W. FACTOR Currentt 1981 Current _ 1981 Current 1981 ' 1988 .5132 84,747 43,492 73,167 37,549 73,167 37,549 1989 .4665 89,555 41,777 81,184 37,872 81,184 379872 1990 .4241 95,995 40,711 99,823 42,335 91,249 38,699 1991 .3855 104,235 40,183 107,173 41,315 103,835 40,028 1992 .3505 1120183 39,320 114,860 40,258 114,910 409276 1993 .3186 121,851 38,822 124,523 39,673 131,635 419939 1994 .2897 133,136 38,569 135,806 39,343 141,801 419080 1995 .2633 145,219 38,252 147,952 38,956 153,062 40,301 Subtotal 8860981 321,126 884,488 317,301 8909843 317,744 Difference 2,493 3,825 0 0 6,355 443 P.W. DIFF. P.W. DIFF. ' (1) .(2)_ 1996 .2394 (669) 3,156 0 0 10293 11736 ' 1997 .2176 (608) 2$47 0 0 1,176 2,912 1998 .1978 .(553) 19994 0 0 19069 30981 1999 .1799 (503) 11491 0 0 972 4,952 2000 .1635 (457) 11034 0 0 883 5,835 2001 .1486 (415) 6:8 0 0 803 61638 2002 .1351 (378) 241 0 0 730 7,368 2903 .1228 (343) (103) 0 0 664 8,032 2004 .1117 (312) (415) 0 0 603 8,635 2005 .1015 (284) (699) 0 0 548 9,184 2006 .0923 (258) (957) 0 0 499 9,682 2007 .0839 (234) (19192) 0 0 453 10,136 2008 .0763 (213) (19405) 0 0 412 10,548 2009 .0693 (194) (1,598) 0 0 375 10,922 2010 .0630 (176) (11775) 0 0 341 119263 2011 .0573 (160) (1,935) 0 0 310 119572 2012 .0521 (146) (2,081) 0 0 281 110854 2013 .0474 (132) (2,213) 0 0 256 12,110 2014 .0431 (120) (2,333) 0 0 233 12,342 2015 .0391 (109) (2,443) 0 0 211 12,554 2016 .0356 (100) (2,542) 0 0 192 12,746 2011 .0323 (90) (2,633) 0 0 175 12,921 y~ 2018 .0294 (82) (29715) 0 0 159 13,079 N NOTES; (1) Based on a current dollnr difference of $2,796,000 (2) Based on a current dollar difference of $5,402,000 6RetiJGsnTahw~M TABLE 4-10 CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION Fixed Cost Differentials for TMPA for The Period Beyond 1995 CASE 1 CASE 2 CASE 3 Insurance 61153 69687 7,660 Debt Service 143,388 154,270 175,350 Renewals and Replacements 17,184 19,321 23,210 r Prior Years Net Revenue Available 18,663 19,247 20 628 1859388 1990525 22 LESS: INTEREST INCOME 11,937 12,843 14,598 TOTAL 1730451 186,682 212,250 DIFFERENCE 0 13,231 38,799 DENTON ENERGY ti RATIO OF TMPA ENERGY ~ 0.2113 Difference on Denton System 0 21796 8,198 (2,796) 0 5,402 1 GanlGnMOmraM - In summary, accelerating the construction date of Gibbons Creek Unit 2 wilt reduce production expenses on the THPA system. ' However, the added years of debt service offset the fuel cost savings through 1995. This effect is transferred directly to the Denton system through the unit energy cost of THPA power. Analysis of the period beyond 1995 showed that Case 1 eventually had lower revenue requirements, but the savings are insufficient to justify accelerated commitment to a large capital investment. ' SENSITIVITY ANALYSIS r Sensitivity analysis was completed by varying the following key parameters: r a Natural Gas - Reduced gas costs by 20 percent • Load Growth - Reduced load growth by 25 percent a Lignite - Unit 2 fueled by Texas Wilcox lignite The cases listed above were deemed the most significant parameters in the ' system cost evaluation completed by THPA. Natural gas costs reductions are identical to those used by THPA while load growth was reduced by 25 percent instead of 10 percent, as recommended in Section III. In addition, lignite fuel costs were varied by using one unit lignite costs for Unit 1 and Texas Wilcox lignite for Unit 2 in the production costing analysis. Natural Gas Costs Since natural gas costs projet:tions are highly uncertain, in addition to being critical to the system coat evaluation, %as costs were reduced 20 percent. Table 4-11 shows the reduced costs on a yearly basis to 1995. These figures are fdentical to those used in the THPA sensitivity analysis for natural gas. r TABLE 4-11 ' CITY OF DEN'TON GIBBONS CREEK UNIT 2 EVALUATION SENSITIVITY ANALYSIS NATURAL GAS COSTS REDUCED 20 PERCENT REVISED YEARLY NATURAL GAS COSTS ORIGINAL HODIFIED YEAR ( /HBtu) /HBtu) 1981 2.83 2.26 1982 3.10 2.48 1983 3.42 2.74 1984 3.70 2.96 1985 4.32 3.46 1986 5.03 4.02 1987 5.87 4.70 1988 6.85 5.48 1989 7.99 6.39 N 1990 9.32 7.46 1991 10.87 8.70 1992 11.79 9.43 1993 12.79 10.23 1994 13.86 11.09 1995 15.03 12.02 r r r r r r 1 ' Table 4-12 presents the results of the system economic analysis under the reduced natual gas cost scenario. Revenuo requirements for the City of Denton were calculated by the same procedures used in the base case analysis. The only changes in costs are those associated with the THPA cost nf power, which was considerably lower due to the low gas costs. The greatest cost differential amounts to approximately $20 million, a margin of less than two percent. Similar to the base case results, the cost differences between cases are within the expected margin of error. Under these assumptions, it is concluded that economics should not be a determining factor in the decision to accelerate Unit 2. Load Growth As recommended in Section III, load growth was reduced by a margin of 25 percent per year compared to the 10 percent reduction used in the THPA study. Table 4-13 illustrates the modified TMPA system expansion requirements based on the 25 percent reduction. For these conditions, 130 MW of excess capacity is available in 1995. Clearly, if TMPA experiences low load growth, additional capacity will not be required in the study timeframe. The results of the TMPA system economic analysis shown in Table 4-14 indicates again that total system costs do not vary significantly when comparing the three operation dates for Gibbons Creek Unit 2. Although costs for both Cases 2 and 3 drop below Case 2, the differences are not large enough to favor any one case, The primary concern in this analysis, however, is that additional capacity is not required until past 1995. A second concern, not illustrated here, is the degradation of unit capacity factors in the early years of operation. In years 1988 and 1989, capacity factors for Unit 2 drop below 40 percent, well below the level expected for r nominal operation for base load units. Lignite Costs The discussion on fuel costs and availability in Section III indicated that combined operation of two units at the Gibbons Creek Station could result in ' WWII OWMMU N TABLE 4-12 CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION ' SENSITIVITY ANALYSIS NATURAL GAS COSTS REDUCED 20 PERCENT CITY OF DENTON ANNUAL REVENUE REQUIREMENTS YEAR CASE 1 CASE 2 CASE 3 ' 1981 21,463 21,463 21,463 1982 249145 240145 24,745 t 1983 38,394 38,394 38,394 1984 47,546 479546 47,546 1985 53,570 53,570 53,570 1986 57,641 57,641 57,641 1987 63,051 63,051 63,051 1988 84,121 699522 69,522 1989 88,572 76,539 76,539 1990 94,722 980475 85,278 1991 102,439 105,270 96,154 1992 109,861 112,528 105,734 1993 118,916 1219588 128,468 1994 124,310 1319960 1379703 1995 140,552 143,226 148,336 Totals 1,174,903 1,165,538 1,]54,144 Sum Difference Base (99365) (20,759) NOTE: All costs in current dollars (x1000) 1 ' sr.~rC.+Man.rM TABLE 4-13 CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION N SENSITIVITY ANALYSIS SYSTEM LOAD GROWTH REDUCED 25 PERCENT MODIFIED TMPA SYSTEM EXPANSION REQUIREWWS ORIGINAL MODIFIED SYSTEM (1) AVAILABLE CAPACITY DEMAND DEMAND REQUIREMENTS CAPACITY SURPLUS/ YEAR (MW _SHw)_ _(MW)BMW (DEFICIT/MW) 1981 657 657 828 932 104 1982 703 691 871 19003 132 1983 747 723 911 11403 492 1984 792 759 956 11474 518 1985 835 790 995 11414 479 1966 874 818 18031 1,474 443 1987 915 847 1,067 10474 407 1988 953 873 1,100 1,474 374 1989 993 900 1,134 1,474 340 1990 1,033 927 1,168 11474 306 1991 11079 958 11207 1,414 267 1992 10121 986 19242 1,474 232 1993 19162 1,013 1,276 10474 198 1994 1,204 1,040 1,310 11474 164 ' 1995 1,246 19067 1,344 1,474 130 Note: (1) Includes three percent losses and 23 percent reserve requirement. r r amfcogeaw" r r TABLE 4-14 CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION SENSITIVITY ANALYSIS SYSTEM LOAD GROWTH REDUCED 25 PERCENT CITY OF DENTON ANNUAL REVENUE REQUIREMENTS Year Case 1 Ca.e 2 Case 3 r` 1981 24,879 24,879 240879 1982 27,600 27,600 27,600 1983 39,035 39,035 390035 1984 47,646 47,646 470646 1985 53,592 53,592 53,592 1986 57,375 57,:75 57,375 ' 1987 629521 62,521 62,521 1988 81,640 689403 689403 1989 85,065 749869 74,869 1990 90,197 93,975 82,934 1991 96,565 99,452 93,036 1992 102,657 105,324 101,096 ' 1993 1109704 113,372 120,039 1994 118,673 1210435 126,455 1995 128,050 130,716 135,836 Totals 1,126,201 1,1,.0,194 1,115,316 Sum Difference Base (68007) (100885) NOTE: Coats in current dollars. (x1000) 1 WWIlGnknon uft high lignite costs due to the additional mining costs associated with deep mine escavation. To examine the potential benefits of reduced lignite costs, Texas Wilcox lignite was assumed to be available to 1MPA, as shown in the T4PA study, and would be used to fuel Unit 2. Unit 1 lignite costs corresponded to one unit cost estimates supplied by TMPA while Unit 2 costs would be the rate for Texan Wilcox lignite specified in the TMPA report. e Table 4-15 presents these costs for the 15-year study timeframe. ' Table 4-16 presents the annual revenue requirements for the City of Denton. While the cost differentials between cases were not sigaificant,using separate Unit 1 and Unit 2 lignite costs result in considerable savings in fuel costs for the Gibbons Creek Station. In terms of Denton revenue requirements, savings of up to $42 million can be retlized when compared to the base case results, as shown below. CITY OF DENTON 70TAL REVENUE nUIREMENTS CASE 1 CASE 2 CASE 3 ' Jan. 1988 Jan. 1990 Jan. 1993 Base Case 112099065 1,206,572 1,212,927 Separate Lignite Cost 10178,037 11179,824 11170,201 r Difference 31,028 269748 42,726 ' The primary conclusion drawn from this analysis is that acceleration of Unit 2 could result in high lignite costs unless arrangements can be made to ' obtain in outside long-term lignite agreement. Based on these results, it is recommended that various fuel sources and costs be examined in further detail prior to a decision to accelerate Unit 2. TMPA SYSTEM EXPANSION - NON-PARTICIPATION IN GIBBONS CREEK UNIT 2 System analysis for the non-participation option for the City of Denton was based on the derivation of annual revenue requirements as presented ir. previous sections, except all charges associated with Unit 2 were retracted. ' In this manner, annual costs to Denton included only the capacity and energy charges of committed projects and existing city units. Energy generated f~brtlGr+MawrlN ' TABLE 4-15 r CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION r SENSITIVITY ANALYSIS SEPARATE GIBBONS CREEK UNITS I & 2 LIGNITE COST ANNUAL UNIT FUEL COSTS ($/MB 11 YEAR UNIT 1 UNIT 2 ' TMPA LIGNITE TEXAS WILCOX LIGNITE 1981 1.25 1.72 1982 1.37 1.91 1983 1.49 2.12 1984 1.62 2.36 1985 1.77 2.63 1986 1.93 2.92 1987 2.10 3.17 1988 2.29 3.44 1989 2.50 3.74 1990 2.72 4.06 1991 2.97 4.41 1992 3.23 4.79 1993 3.53 5.20 1994 3.84 5.65 r! 1995 4.19 6.13 r r r r r r Ir r~ II TABLE 4-16 CITY OF DENTON i GIBBONS CREEK UNIT 2 EVALUATION SENSITIVITY ANALYSIS SEPARATE UNIT 1 5 2 LIGNITE COSTS CITY OF DENTON ANNUAL REVENUE REQUIREMENTS CASE 1 CASE 2 CASE 3 YEAR Jan. 1988 Jan. 1990 Jan. 1993 1981 24,879 24,879 24,879 1982 27,203 279203 27,203 1983 360669 36,669 360669 1984 45,772 459772 45,772 1985 519190 512790 $19190 1986 56,138 56,138 56,138 1987 629146 62,146 62,146 1988 82,241 699191 699191 1989 87,120 77,026 77,026 1 1990 93,758 970521 860934 1991 102,254 105,104 99,375 1992 1100459 113,136 1100287 1993 1200504 1239113 130,126 1994 1320198 134,869 1390981 1995 1440906 147,580 1529690 a Totals 1,1789037 1,172,137 191709201 Sum Difference Base (50900) (71836) NOTE: Costs in current dollars (x1000) r r r r r r I from remaining THPA gas-fired units and the Comanche Peak Units and Gibbons Creek Unit 1 were used to meet Dentcn's annual energy requirments. For tizose years in which Denton experienced a capacity deficit, portions of t Gibbons Creek Unit 2 were considered available for purchase as assumed in the THPA study. Table 4-17 presents the yearly capacity surplus/(deficit) for Denton for the ' period 1981 through 1995. Annual capacity and energy requirements to 1990 corresponds to the values presented in the 1980 "Power Supply Planning Study." The original forecast was deemed correct although the 1980 actual peak load of 141 MI was 18.5 percent above the predicted peak. Appendix A illustrates the results of the load forecast review, which indicated that the high peak load in 1980 was primarily attributable to abnormally hot weather conditions. Given the actual 1980 Denton load conditions, a recalculation of the 1980 peak proved to be within one percent of the actual peak. Because these conditions represent only short-term deviations from the norm, it is recoa,mended that no change be made in the original long-tern energy and demand forecast. i For the period 1991 tbrough 1995, Denton system load growth was assumed to match the same escalation pattern as TMPA system projections. Considering the uncertainty inherent in any long-range forecast, the figures shown represent a reasonable estimate for the City of Denton. Based on these projections and a TIS reserve requirement of 23 percent, the City of Denton will experience a capacity deficit of 2 NW in 1991, rising to 45 hY in 1995. to meet thp capacity deficits for years 1991 through 1995, incremental purchases frog Gibbons Creek Unit 2 were assumed to be available Eras IVA as indicated earlier. Table 4-18 presents the Denton yearly purcbases from unit 2. 1 rl..m~a.a.aaaar r Yi N IJ u IN ~ V N YJ u N N u N O b~D ~Obb~C+b ~O ~O ~G ~Ub 1C ~O ~O I*H7 tn bb c w N N C) ~w 0~vi 0 0000 ~ c~boevTtnt1 w N.+ r y b N N N N N N N N N N V N u Y N ~ r II~AAW NrrObb00V O~ln PN ODb r+NW L~VbNU1V tN000 ' I 0V) t.l i~9 H 0% ON C% O+ In In VN N 0 i- P p t- W W 3 R~ b r v r N o 00 0 r N O b O, w u 0w w ri ~>d N n m N HH hd7 K7 ~C 9 NW W W NNNIJ ~tNfy~N N NN ~ ~X++O b0 NW WNN~~r+NrW VNC~~ a X Ntv ~C r H yn z ~i li ~C F+ 0 r a N N NN N N N r> N N N N .4 -1~ V V V v N V V - I V V V V a. ~ 0OOV ~C bbb bbbb K: bbb bN OWN ~r r W^W ~A~W N 000 ONO V NC~h~W Or'''+ G> v v v v [~I C) 0-4 h~ r R t r 1 TABLE 4-18 1 DENTON CAPACITY PURCHASES FROM GIBBONS CREEK UNIT 2 1 Capacity Unit Year Deficit {HW) Purchase (HW) 1991 2 5 1 1992 13 15 1993 24 25 1994 34 35 1995 46 45 A new unit cost for THPA energy was calculated by subtracting the energy and other expenses associated with Gibbons Creek Unit 2. This new rate represented the cost of all existing units on the TMPA system plus the 1 committed THPA generation projects. The Denton energy requirements from THPA were reduced by the amount of 1 energy available from the block purchases for years 1991 through 1995. The remaining energy was multiplied by the modified rate to produce production expenses from existing and committed units. 1 The cost of energy from the purchased block of capacity included a capacity cost and an energy test. Capacity costs were estimated by assuming the per kilowatt rate of debt service from Gibbons Creek Unit 2. EnertlY coats were ' determined by calculating :uel and 0&M costs at the equivalent rate used for Gibbons Creek Unit 2 plus a 15 percent surcharge to cover other operating 1 expenses. This methodology corresponds to the unit sales calculations used in the THPA report. 1 Presented in Table 4.19 are the results of the Denton non-participation 1 analysis. The City of Denton revenue requirements, in current and constant dollars, are lower than any of the three participation cases. Revenue requirements for Denton are lower since the cost of participating in Gibbons Creek Unit 2 requires Denton to pay costs corresponding to their 20 percent rhare of the plant or 80 hW of capacity. The 80 MW is a much larger block 1 of power than the purchased amount which ranges from 5 MW in 1991 to 45 MW in 1995. For Denton, it is more cost-effective to purchase the block 1 purchases specified in Table 4-18 than for the full 80 MW portion of Unit 2. sort raRo wOM 1 ~s~p4 ■E' fly S P 1 V P V N N II`~ N S ~O d s O prp. _P~i EP iPir N 000 N OOO ON 0~ I f 01W O' O VbNV O ~ 1 W N N ~0 G ~V`1 Uyy~ ~O O o a N ON p N'' N V 0 c o o yy N _ ~ 0p~.~ V V S N~ P N NN C'f ryN~ N 1 NN W N_O W da P~NON ~ sI-V N:S y1 ~pp H ■O H~VNV nV i i we :W~ M V N N ~O PII O Q N ~j ~p g H N ' O ~{y:,~~ RyNVr N M4.. 3 x OLV ~ ~O ~ ~ w O V ~N I~ ' Q'yl NyrV O NO 1~NN (~a8 N PP!!~ ~ vi N~^ J Ns r 1 ' A summary of the Denton system economic analysis for the non-participation option is presented in Table 4-20. The results of this evaluation supports the conclusion statad earlier that a ' decision to accelerate Unit 2 should not be influenced by economic considerations. Cost comparisons under each scenario indicate essentially ' identical system costs for each case, assuming the variables r.sed in the analysis are correct. The cost differential of $20.47 million less for Denton non-participation versus Case 1 is less than two percent, which is ' well within a reasonable margin of error. 1 1 r ' TABLE 4-20 ' CITY OF DENTON GIBBONS CREEK UNIT 2 EVALUATION ' CITY OF DENTON ANNUAL REVENUE REQUIREMENTS Participation in Non-Participation Unit 2 Project in Unit 2 Project ' YEAR CASE I CASE 2 CASE 3 Jan, 1988 Jan, 1990 Jan, 1993 1981 24,879 24,879 240879 24,879 1982 27,852 279852 279852 27,852 1983 39,686 39,686 390686 39,686 ' 1984 480824 481824 48,824 489824 1985 55,211 55,211 55,211 55,211 1986 599790 59,790 59,790 59,790 ' 1987 65,842 65,842 65,842 65,842 1988 840747 73,161 73,167 77,091 ' 1989 89,555 81,184 81,184 83,385 1990 95,995 999823 910249 910118 1991 104,235 107,173 1039835 99,218 1992 1120183 114,860 1149910 110,741 ' 1993 121,851 124,523 131,635 121,520 1994 133,136 135,806 141,801 134,700 1995 145,279 14?1952 153,062 +148,738 Total Costs 1,209,065 11206,572 1,212,927 19188,595 Sum Difference Base (2,493) 3,862 (20,470) NOTE: All costs in current dollars (x1000) 1 a s ~ w_ d Wei 1coffloveft Y c N O n m n p ~ z i i z ~ z O y 11 9 0 ~ e 0 ~1 0 i~ 0 S 0 i~ C ~t e n • s r t P ~ r A O l■ O O 2 ~ e M1 n A • S f~ • Y n r• ~ Y P C O 1 0. M1 M1 e . 0 S Q w Y S e 'O Y C 0 n C1 N O A Y •N L w ♦N Y■ e7 H pn ~ r^ D~ OY ~ n 7 ~ O t O^^ 1Y A i ^ 0 0 7 A ~ e ~ ~ a 2 a n c n i n b a ~ c tw ~ n 9 O S t n e, ^ n n M1 0 n M O t ( M1• . ^ A P ~1 rN i 'Jr fo n w R ' i 7 n O n ~ r Il n ~ O M • ~ ^ n u~ n i ~ i o n o ~ n ' n a d ~ Y 0 n r ~ M1 M n 5 ~ o ~ n M1 O ' . 1 V N V~ ~ NA d e Ww 01= 21 o O O rA VV 1V A S. 4 i O 8 VP ~~P b n e 9 r r b 01 O 0 1 ~~N~~OpO0 yyN/~ yN N Vp~I!! ~y Vp. P O V yN ~ ~I ~ i d V 1"0N OV• Oi.Ai W P APO O N `r1tS Nv O'OO OINK :Woo eN >0 f~ yy~~ ~~ww II p ~ I ' w W l• I` M~y M rM A O AV.~O PI ! ` 0 ~p pp~ pp~ V 0 NW N ~p+~ ! ONd~rpy/~~~ V d A pp, s 7 VO N~O ~O ruc NI NA N N:: 7ri OVV O W O d N W F, I~rNnn N N V 0• r p PjN iV• ONE V'W N D• R P I• N L W&M O M `M1IP N~~ P N V V FFF~ N N R11'N ~E VU0 v N V R N p NN V4 >/NN A!O rN !PV tWl~ P~yNN OlsO N ' a N+ Ni0 V O N O V V d 0• 1~ .,I N YbbY~~ NN pp pp~~ 0~ y~ yb pp,. 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NV NO■NSO P N J~04PI~ ~ V r S V u,N V V O r ~y v V Y ! y r r a A r r Y! r Y V N N• r~ y~ ~6el~i .~e~iS 5i ~ r'S iNe u~ ' 1 e v i ~ . t e i e SECTION V FINDINGS AND CONCLUSIONS As a result of the analyses and comparisons conducted in previous sections of this Report, it was found that a commercial operation date early in 1990 for the Gibbons Creek Unit 2 project appeared to offer the most advantages ' to the City of Denton. From a pure economic standpoint, none of the three commercial operation dates analyzed could be singled out as having substantial ' benefits to the ratepayers of the City of Denton. Table 5-1 presents the current and constant dollar differentials between cases for the 1988-2018 period. ' TABLE 5-1 ' CITY OF DENTON Gibbons Creel Unit 2 Evaluation TOTAL COST DIFFERENTIALS 1988-2018 ' (000's Case 1 Case 2 Case 3 ' (1988) (1990 (1993 WE Current $ (61,815) Base 130,601 1981 $ (29715) Base 130079 As indicated Case-lt(coQ®erci.al operation date January It 1988) resulted in lower total costs over the life of the plant. However, the $2.7 million difference in real 1481 dollars is an insignificant amount and is less than e quarter of one percent of the total 1981 dollars to be spent by City of ' Denton for purchased power.. Due to the uncertainties associated with projections far into the future, a fifteen-year timeframe was selected for the more direct comparison of the three base cases and the sensitivity analyses, Case-2, 1990 totimercial ' operation date, resulted in the more economical choice, Table 5-2 presents the summary of total revenue requirements for the City of Denton. ' TABLE 5-2 CITY OF DENTON Gibbons Creek Unit 2 Evaluation TOTAL REVENUE REQUIREMENTS, 1981-1995 (000 Case 1 Case 2 Case 3 ' BASE ANALYSIS Gibbons Creek Unit 2 Operation Date Jan. 1988 Jan. 1990 Jan. 1993 r Total Costs 1,209,965 1,206,572 1,2120927 Sum Difference Base (2,493) 39862 ' SENSITIVITY ANALYSIS Natural Gas Costs Roduced ' 20 Percent Total Costs 1,1740903 1,165,538 19154,144 Sum Difference Base (9,365) (209759) System Load Growth Reducad 25 Percent Total Costs 10126,201 1,1200194 1,115,316 Sum Difference. Base (6,007) (100885) Separate Unit 1 b 2 Lignite Costs Total Costs 1,178,037 101729137 1,170,824 Sum Difference Base (50900) (71213) ' Difference Relative to Base Analysis (310028) (340435) (429726) ' NOTES (1) All costs ir. current dollars ' A non-participation case whereby Denton would forego its opportunity to become an active partner in Gibbing Creek Unit 2 was also evaluated. It resulted in ' a lower total revenue requirement over the period 1981-1995 when compared to Case 1 by $20,470,000. However, it was considered an unfavorable alternative due to the risk involved in stand-alone operation compared to the relatively small savings. Furthermore, there is no guarantee that Unit 2 capacity will be available to Denton in 1931 when a capacity deficit is experienced. WMM11Gon+nw+n~G ' It is concluded that of the three dates evaluated for the commercial operation date of Gibbons Creek Unit 2, the 1990 date is as economical as ' the others, and has less associated risk. RECOMMENDATIONS The following actions are recommended to provide the citizens of Denton with continued economical and reliable electric power: • The City of Denton should continue to operate its Electric Utility ' as presently planned and executed with TMPA. Due to the concerns set forth in our report and the absence of ' economic advantages for early installation, Denton's best interests are served by a 1990 commercial operation date for Unit 2. • TMPA should further evaluate the proposed acceleration of Gibbons Creek Unit 2 for alternate commercial operation dates. Given the importance of the proposed plan of action by TMPA, it is recommended that a comprehensive economic analysis of the TMPA ' system be completed through use of a production simulation model based on TMPA system load profiles. ' • Investigation of a single, versus a two-unit gaining plan for TaA lignite reserves should be further considered by TMPA. In this manner, it can be established if the procurement of outside lignite sources to fuel Unit 2 represents a lower cost alternative to TMPA customers, • To cover contingencies it is recommended that the proposed Gibbons Creek Unit o2 project be initiated by TMPA's Board of Directors at the earliest time consistent with a reasonable construction program for commercial operation in 1990. All front-end studies (e.g., Environmental Impact Statements) and licensing should begin ' at the earliest possible date. If conditions change from those assumed herein, it will then be possible to accelerate or delay as required without a large financial penalty. 1 1 cow /CW,eamnnn i~ S 1 i 1 1 1 1 1 1 1 e i i 1 1 i APPENDIX A DENTON LOAD AND ENERGY FORECAST REVIEW i i i r t r a t ' APPENDIX A DENTION LOAD AND ENERGY FORECAST REVIEW INTRODUCTION ' The purpose of this section is to review and compare the forecasted with the actual Denton load and energy requirements for fiscal year 1960 and to isolate, if possible, the causes of the observed forecast error. Additionally, based upon the results of the forecast error analysis, a determination is made as to the reasonableness of the original CAI forecast. ' COMPARATIVE FORECAST RESULTS Exhibit I presents a comparison of forecasted and actual energy sales by class and annual system peak load. As can be seen, the actual total system sales of 500,159 MM were approximately 5.9% higher than the forecasted 1980 sales. Total system input energy requirements amounted to 528,318 MWH and were 5.0% higher than the 1980 forecast of 503,063 MWH. The actual annual system peak load was 141 MW and was 22 MW or 18.5% higher than the 1980 forecasted peak load of 119 MW. ' For the residential class, the total forecast error for 1980 sales amounted I to 7.4% and resulted from a forecast error of -3.9% in the forecast of residential customers and an error of 11.8% in the forecast of per customer usage levels. For the commercial/industrial class, the total forecast error was approximately 3.00%. Other forecast errors resulted from the fact that actual sales for resale amounted to 7,450 MWH while the 1980 forecast had ' assumed they would be zero. Additionally, the forecast error for losses amounted to -8.7% and resulted from the cumulative error in the total sales ' forecast and the fact that it was assumed losses would amount to 6% of total system energy requirements while in 1980 they amounted to only 5.2%. ' EXOGENOUS VARIABLE ASSUMPTIONS In order to better understand the causes of the forecast error, all assumptions Pertaining to the explanatory variables used in the residential t i+~rt 16rm~en.Ma ~ I ' and commercial/industrial energy equations were examined and compared with estimated actual values for 1980. Exhibit II provides the results of this comparison. ' As can be seen, the assumed growth rate in real per capita personal income; real total area income; and residential customers proved to be optimistic. In contrast, the assumed zero percent growth rate in real residential electric price proved to be pessimistic in ligbt of the actual decline in real electric price for 1980. As a final point, actual cooling degree days for F.Y. 1980 were approximately 30% higher than the estimated "normal" cooling degree days. FORECAST ERROR COMPONENTS Exhibit III presents a summary of the major sources of error in the 1980 forecast and the resultant forecast of 1980 total system input energy after all quantifiable corrections are made. The magnitude of the adjustments ' associated with each error component were determined by using the estimated actual values for the exogenous 'variables, as presented in Exhibit II, in the residential and commercial/industrial energy models. Furthermore, it was assumed that the error associated with sales for resale could be attributed to the extreme weather conditions experienced during the summer of 1980. As can be seen, the largest single source of error in the 1980 forecast resulted from the abnormal weather conditions. Weather, however, was not the only source of forecasting error. Errors ass%ciated with the forecast of residential customers and with the other exogenous variables also contributed to the total net forecast error. SUMMARY OF FINDINGS Exhibit IV presents a comparison of actual 1980 energy sales, system input requirements, and annual peak load versus the 1980 forecast corrected for those errors which can be reasonably quantified at this time. Based upon this comparison, the following conclusions can be drawn: 1. The structure of the residential energy model appears to be reasonable. ' This conclusion is based upon the observation that the residential WAlra+nwn~uaa 1 model could have generated a forecast of 1980 KWH/customer to within 1 0.8% of the actual usage level provided that no errors bad been made in forecasting weather conditions and growth rates in other exogenous variables. ' 2. The structure of the commercial/energy model also appears to be adequate. The output of the commercial/industrial model would have been within 0.3% of the actual 1980 sales level provided there had been no error in the assumptions regarding weather conditions and the other exogenous variables. 1 3. The forecast error associated with real per capita income resulted primarily from a higher than anticipated inflation rate. While the short term outlook continues to remain uncertain, the original forecast of an effective 2% growth in real per capita income over the long run is still regarded as reasonable. 4. The forecast error in residential average C/KWH resulted from the fact that average consumption levels were higher than anticipated due to the abnormally hot weather conditions and also due to the higher than anticipated inflation rate. For purposes of the long term forecast, the assumption of zero percent growth in real (constant dollars) ' electric price is still considered to be reasonable. 1 S. Regarding residential customers, the forecast error could have resulted from the following sources: (1) an error in the forecast of population growth and/or (2) an error in the forecast of average household size. %til such time as these two possible sources of error can be further analyzed, and it can be established whether or not the 1980 results 1 represent a fundamental departure from the original forecast it is recommended that no change be made in the original forecast of residential customers. 6. Actual fiscal year 1980 cooling degree days, which totaled 3,352, represented a 30% increase over the forecasted "normal" weather total 1 si~tlCwnnoiwrna - ' of 2,578 cooling degree days. This differential between "normal" weather and actual weather represented the single largest error ' component in the 1980 forecast. At this point in time, the exceedingly hot weather of last summer can only be regarded as a short term deviation from normally expected weather conditions. As such, no change is recommended in the "normal" weather cooling degree days employed in the original forecast. 7. The 1980 forecast of annual system peak load was derived by applying an annual system load factor (assumed to be 48.4%) to the forecast of total system energy input. Consequently, the 1980 error in annual system peak load (119 MW predicted versus 141 MW actual) resulted fro. Clue following two sources: A 5.0% error in predicted total system input energy (i.e., 503,063 HWN predicted versus 528,318 KW actual). An 11.6% error in predicted annual system load factor (i.e., 48.4% predicted versus 42.8% actual). The component errors pertaining to system energy input have been discussed above. The error associated with the forecasted annual system load factor is not regarded at this time as indicative of a fundamental change in system load characteristics. Given the extremely hot weather conditions and the considerably increased use of air conditioning systems, one would expect to observe a deterioration in annual system load factor. Consequently, for purposes of the long term forecast, no change is recommended in the forecasted value of annual system load factor, i.e., 48.4%. CONCLUSIONS AID RECOMMMATIONS r Based upon the analysis described herein the following conclusions can be drawn: ' The residential and the commerciallindustrial. energy models used to develop energy sales in the original GAI forecast r.ppear to be 1 ' reasonable from a structural point of view and would have been capable of generating a 3980 forecast to within 0.5% of actual results provided the forecast of explanatory variables had been without error. r The single greatest source of error for both the energy and peak load forecast resulted from the abnormally hot weather conditions. The observed abnormal weather must be regarded as a short term deviation from expected weather and therefore should not be used to modify the original GAI forecast. Regarding other sources of forecast error, it would be premature to conclude that the 1980 forecasting errors associated with the other explanatory variables represent long term deviations from the assumptions used in the original GAI forecast. These variables should be monitored closely in the future with particular attention paid to further analysis of local area population. However, until it can be established that the 1980 errors represent a different growth scenario than was originally assum!d, it is recommended that no change be made in the original assumptions. Given the above conclusions, it is recommended that co change be made at this time in the original GAI long term energy and demand forecast. r r 1 r r r Gain ICWAWMUM r 1 1 1 1 i 1 1 EXHIBITS 1 1 1 1 - Cebrt IC~nrwwrlW 1 EXHIBIT I ' CITY OF DENTON - FORECAST REVIEW COMPARATIVE RESULTS F.Y. 1980 F.Y. 1980 FORECAST - PREDICTED CAS 2) ' ACTUAL Forecast Error 1 % Error Energy (KWH x 103) ' Residential Customers 15,705 160342 (637) (3.9) KWH/Customers 10,652 9,528 1,124 1118 ' Total 167,286 155,]07 11,579 7.4 Cortanercial/Industrial 301,982 293,272 80710 3.0 ' Lighting & Other 24,041 23,900 141 0.6 Total Retail 493,309 472,879 20,430 4.3 M Sales for Resale 7,450 7,450 1 Total Sales 500,759 472,879 27,880 5.9 Losses 27,559 30,184 (2,625) Total iiput 528,318 503,063 25,255 5.0 Load (KW x 1032 Aanual Load Factor 42.8% 48.4% - (11.6) Aanual Peak Load 141 119 22 18.5 (1) Error = Actual - Forecast ' (2) % Error = (Actual - Forecast)/Forecast O~t/Crnnawwltli Y EXHIBIT II CITY OF DENTON - FORECAST REVIEW EXOGENOUS VARIABLE ASSUMPTIONS COMPARATIVE RESULTS Forecast Actual Residential KWH Customer Model I (1) (2) Per Capita Personal Income 2% (3.5)x (Constant 1967 $ Growth Rate, ' Electric Ptice (Avg. C/KWH) 0.0% (13.0)%(2) (Constant '961 $ Growth Rate, Cooling Degree Days 2,578(') 3,352 Residential Customers 16,342 15,705 ' Commercial XWH Model ' . Total Personal Income 9.1% 3.0x(4) (Constant 1967$ Growth Rate, Cooling Degree Days 21578 31352 ' MM - Master Metered Apts. 31200 3,200 (1) Based upon U.S. per capita personal income (2) Based upon U.S. CPI-W all items ' (3) Average fiscal year cooling degree days for period 1965-1979 (4) Based upon (1) and (2) above and re-estimate of 1980 ' ORr1lte~.s+aa 1 EXHIBIT III ' CITY OF DENTON - FORECAST REVIEW r 1980 FORECAST ERROR COMPONENTS ERROR RESULTANT CORRECTIO1 INPUT ENERGY KWH X 10 FORECAST SOURCE OF ERROR KWH x 103 A 503,063 (original Residential Customers (6,460) forecast ' Weather - Cooling Degree Days 48,785 ' Other Exogenous Variables (19,500) Total 22,825 r 525,888 (corrected forecast) I 1 i r r sun10WOO+rM" ' EXHIBIT IV ' CITY OF DENTON - FORECAST REVIEW CORRECTED 1980 FORECAST F.Y. 1980 CORRECTED 1980 FORECAST ' ACTUAL Forecast Error 1 Error 2 1 2 Energy (KWH x 103) ' Residential Customers 15,705 15,105 - - Q KW/Customers 10,652 10,570 82 0.8 Total 167,286 166,002 11284 0.8 CommercialjIni.strial 301,982 3C00944 1,038 0.3 ' Lighting & Other 24,041 24,041 - Total Retail 493,309 490,987 2,322 0.5 Sales for Resale 7,450 7,450 - ' Total Sales 500,759 498,437 29322 0.5 Losses 27,559 27,451 108 0.4 ' Total Input 528,318 525,888 2,43q 0.5 Load (KW x 103) - Annual Load Factor 42.8% 48.4% - Annual Peak Load 141 140 1 0.7 ' (1) Error a Actual - Forecast (2) % Error n (Actual - Forecast)iForecast r r r 1 ~ 1 1 r a ' APPENDIX B TMPA PRODUCTION EXPENSES r . 1 r r r r r 1 1 1 1 1 1 1 1 CASE 1 ' COMMERCIAL OPERATION OF GIBBONS CREEK UNIT 2 ON JANUARY. 1988 1 1 1 1 ' 6ilrlJOa~.~awrM SZO on ' 3Z> X -IOZGSSOSOmOZGZS0000C0 O+C CC >0S 1 oz Ur AxA-<-<mmr>rr C z f. 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O xC • oP CCC►•• r.hR(~are.C46RQ00 ~ 60 D a~ •-O X asao C oI eti''•RRJQCS.10Yh.Co.RV. -r ' ae~ o e n:?c•-v~vvaeoWrrns.lt.,~caarn,a tl r M W rr►.rrr ••+r r rNr rr r r••r r vW4WWI►WWI•WWI•.WWIr'Wb.tr4L'Wr~`rr xZ7; r • • • • • • • • • • • • • • • • • • • • • • • • S r.C ~caxammaaaaaaaaaaaaaaa.vv.l -+nr* j ' ; ao•o~rrcPCCacccoaaocccoPOOtntJl Emr ! r 1 I FE,~~euARY R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The City Manager is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Certification Agreement between the City of Denton and the State of Texas for a new railroad signal crossing at Frame Street. PASSED AND APPROVED this the day of, 1981. C ARD 0. STE A , YO CIT OF DE TON, TEXAS ATTEST: J A S OLT, CTY ECRE A 0 ICTY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: de~L r ,i, 1, .14 r I ~ . r • 1 R E S O L U T I O N WHEREAS, the City of Denton finds it necessary to purchase a certain tract of land located in the City of Denton, Texas, and more fully described below; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfare of the public will be served by the purchase of the parcel of real estate described below; and WHEREAS, the City of Denton and owner of said parcel, Barworth Corporation, agree that a consideration of $40,250,00 is a fair and agreed value of such described property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON , TEXAS, THAT: 1. The City Attorney :s hereby authorized to prepare whatever legal documents are necessary to complete the transfer of property so described below from the owner thereof to the State of Texas: Being 7.607 acres of land, more or less, of which 0.088 of an acre is located in a Public Road (Stuart Road), situated in the Thomas Toby Survey, Abstract No. 1288, out of a 36.861-acre tract of land conveyed to Denia Corporation by deed dated September 3, 1964, recorded in Volume 513, Page 351, Deed Records of Denton County, Texas; said 7.695 acres of land being more partiularly described by metes and bounds as follows: BEGINNING at the intersection of the west boundary line of said 36.861- acre tract of land and the proposed north right of way line of proposed Looj% 288; said point being south 00° 50' 33" west a distance of 30.39 feet from the northwest corner thereof; THENCE south 880 56' 03" east along the said proposed north right of way line for a distance of 650.90 feet to a point; THENCE south 830 13' 25" east for a distance of 100,50 feet to a point; THENCE south 690 56' 03" east for a distance of 663.27 feet to a point; THENCE north 460 17+ 4011 east for a distance of 70.99 feet to a point; THENCE south 880 56' 03" east for a distance of 12.00 feet to a point in the centerline of public road (Stuart Road); THENCE south 010 31' 29" welt with the centerline of road for a distance of 320.01 feet to a point; THENCE north 880 56' 03" west for a distance of 12.00 feet to a point in the proposed south right of way line of Loop 288; THENCE north 43, 42' 14" west with the said proposed right o:' way line for a distance of 70.43 feet to a point; THENCE north 880 56' 03" west for a distance of 1411.51 feet to a point in the west boundary line of said 36.861-acre tract; THENCE north 000 50' 33" east for a distance of 230.00 feet to the place of b6ginninp;s , 2, The City of Denton is hereby further authorized to pay Barworth Corporation, as owner of said described property, consideration in the amount of $409250.00, purchase price, plus necessary and reason- able recording fees. 3. This Resolution shall take effect immediately from and after its passage and approval in accordance with the provisions of the Denton City Charter. PASSED AND APPROVED this the ln-1 day of i eru'ttr , 1981. I ARD STEW A,.MAYO~' CI Y OF D NTON, TEXAS ATTEST bZWKS HOLT, CITY SECRETARY CITY OF DENTON$ '.'.EXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY S } 2' CITY OF DENTON MAYOR $ CITY COUNCIL COMMUNICATION DATE: February 3, 1981 SUBJECT: Rea] Property Acquisition It is recommended that the City Council authorize the purchase of real property (as described below) for the purpose of constructing essential pudic improvements. NAME OF PROJECT: Loop 288 TYPE OF ACQUISITION: General Warranty Deed DESCRIPTION OF LAND/LOCATION: Stuart Road and Loop 288 SQUARE FEET/ACRES: 7.607 acres OWNER(S): Barworth Corporation Negotiations have taken place with the owner(s) and owner(s) have accepted the appraisal of the fair market value, as provided by the State Department of Highway and Public Transportation, for an amount of $ 40,250.00 . The City of Denton is required to pay recording fees and the State of Texas will pay the remainder of the closing costs. ACTION NEEDED: Approve Resolution urchasing the above described property after reconvening into open session. 70 i ~br w V:i 8 ,r ^ ~P ~ ~ M n ' hA~ K r i. ih µ4 '~•y to p *,iy. i . r yf - r r 7s~ ~ i A" e. 7 NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE CLOSING AND VACATING ALL OF STREET RIGHT OF WAY DESCRIBED IN VOLUME 407, PAGE 499 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; PROVIDING FOR THE REVERSION OF THE FEE TO SAID LAND; AUTHORIZING NECESSARY LEGAL DOCUMENTS TO BE PREPARED AND SIGNED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas, acting pursuant to law, and upon the request and petition of the Grantees herein, deems it advisable to abandon and convey the hereinafter described property to Grantees and is of the opinion that the original right of way hereinafter described is not needed for public use; and WHEREAS, the City Council of the City of Denton is of the opinion that the best interest and welfa•e of the public will be served by abandoning and conveying the same bask to Grantees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the hereinafter described property be and the same is, hereby estinguished, vacated and permanently abandoned as right of way for a public street insofar as the public are concerned: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being part of the J. Brock Survey, Abstract No. 55, of the Sunrise Addition, an addition to the City and County of Denton, recorded in Volume 407, Page 499 of the Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the intersection of the west right of way line of Hettie Street with the north right of way line of Patsy Street, said point also being the southeast corner of Lot 1, Block B Sunrise Addition; THENCE west along the north right of way line of Patsy Street and the south boundary line of said lot a distance of 333 feet to the intersection of the east right of way line of Ruddell Street with the north right of way line of Patsy Street; THENCE south a distance of 50 feet to the intersection of the east right of way line of Ruddell Street with the south right of way line of Patsy Street; THENCE east along the south right of way line of Patsy Street a distance of 333.4 feet to the intersection of the west right of way line of Hettie Street with the south right of way line of Patsy Streety THENCE northerly a distance of 50 feet to the place of beginning and containing 16x660 square feet of land, more or less, SECTION II. That the abandonment and conveyance provided for herein shall extend to the right, title, easement and interest of the City of Denton, and shall be construed to extend only to that interest the governing body of the City of Denton may legally and lawfully abandon and vacate. SECTION III. That this abandonment and conveyance is made subject to all present zoning and deed restrictions, if the latter exist, the dedication of new easements, and is subject to all existing easement rights of others, if any, whether apparent or non- apparent, ae-ial, surface, underground or otherwise. SECTION IV. That the City Attorney is hereby authorized to prepare and deliver whatever legal documents are required with regard to the area abandoned and conveyed herein, should such be requested by Grantees hereunder, the same to be executed by the mayor on behalf of the City of Denton, and attested by the City Secretary, SECTION V. That the City Secretary is hereby authorized to certify a copy of this ordinance for recordation in the Deed Records of Denton County, Texas, and a certified cop. of same shall be delivered to Grantees upon receipt of the fee for publishing this ordinance. SECTION VI. This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Denton. PASSED AND APPROVED this the day of , 1961. I ARD . ST T, MAYO CI OF DENTON, TEXAS A~'TS$ B OLT, CITY 8 RET Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C4 J. TAYLORr JR., CITY ATTORNEY CITY OF DENTON, TEXAS BYs v b E As, r r t~yr` ~I ;t 1i ~ 'f Y I Y 4603 NO. AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, IN ITS ENTIRETY BY PROVIDING A SHORT TITLE; DEFINING TEEMS; ESTABLISHING AN ANIMAL CONTROL CENTER; ENFORCEMENT RESPONSIBILITY; AUTHORITY OF THE ANIMAL CONTROL OFFICER TO ISSUE CITATIONS, KILL, IMPOUND OR DESTROY ANIMALS; AUTHORITY OF PRIVATE PERSON TO IMPOUND STRAY ANIMALS; PROHIBIT AND REGULATE THE BREEDING OF CERTAIN ANIMALS, HERDING OF ANIMALS, AND KEEPING OF CERTAIN LIVESTOCK; PROHIBIT THE KILLING OF BIRDS IN THE CITY EXCEPT BY PERMISSION OF THE CITY COUNCIL; PROHIBIT THE INJURING OR CAPTURING OF ANIMALS ON PUBLIC PROPERTY; REGULATING THE KEEPING OF FOWL AND PIGEONS IN THE CITY; PROHIBITING THE SALE OR COLORING OF CERTAIN ANIMALS; REGULATING PERFORMING ANIMAL EXHIBITIONS; PROHIBITING THE ABANDONMENT OF ANIMALS; REGULATING THE KEEPING OF PROHIBITED ANIMALS IN THE CITY AND ESTABLISHING A PERMIT PROCEDURE; PROHIBITING CERTAIN UNREASONABLE ANIMAL NOISE AND ESTABLISHING A PROCEDURE FOR HANDLING OF ANIMAL COMPLAINTS; PROVIDING FOR ANIMAL QUARANTINE; REQUIRING VACCINATION OF DOGS AND CATS; PERMITING ADOPTION OF DOGS AND CATS FROM THE ANIMAL CONTROL CENTER UNDER CERTAIN GUIDELINES; ESTABLISHING A VICIOUS DOG PROCEDURE; IMPOUNDMENT FEES AND RECORDS; REDEMPTION PERIOD FOR ANIMALS; PROVIDING FOR A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR EACH VIOLATION HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERAB ILITY CLAUSE; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Chapter 4 of the Code of Ordinances of the City of Denton, Texas, as amended, is hereby amended in its entirety to read as follows: CHAPTER 4 ANIMALS TABLE OF CON'T'ENTS Section 4-1 Short Title Section 4-2. Definitions Section 4-3. Animal Control Center Established section 4-4. Enforcement Section 4-5. Authority to Kill, impound, or Destroy Animals Section 4-6. Confinement of Animals by Individual Section 4-7. Stray Knimals Section 4-7.1. Same-Duty of Officers to Impound Section 4-8. Breeding of Certain Animals Prohibited Section 4-9. Herding Prohibited Section 4-10. Keeping of Certain Stock Section 4-11. Enclosure Required in Keeping Certain Animals Section 4-12. Killing of Birds Section 4-13. Injuring, Capturing or Killing Animals on Public Property Section 4-14. Xeeping of Fowl Section 4-15. Pi eons section 4-16. Sale or Coloring of Certain Animals Section 4-17. Performing Animal. Exhibitions Section 4-18. Abandonment of Animals Section 4-19. Prohibited Animals; Permit Section 4-19.1. Revocation Section 4-19.2, Appeal from Denial or Revocation Section 4-20. t.nimal Noise, Waste; Keeping of Bees Section 4-21. Internal Procedure for Animal Complaints Under Section 4-20(a) Section 4-22. Reporting Animal Bite, Animal Under Quarantine, Rabies Suspect Section 4-22.1. Animal Quarantine Section 4-22.2. Rabies Quarantine, Confinement, Disposition Sections 4-23/30. Reserved Section 4-31. Vaccination of Dogs & Cats Section 4-32. Adoption of Dogs & Cats Section 4-33. Release of Impounded Dogs & Cats; Fees Sections 4-34/40. Reserved Section 4-41. Vicious Dog - Procedure & Hearing Section 4-42. Failure to Release or Remove Dog Sections 4-43/50. Reserved Section 4-51. Impoundment Fees Section 4-52. Impoundment Records Section 4-53. Redemption Period of Animals Sections 4-54/60. Reserved ARTICLS I. GENERAL SECTION 4-1. SHORT TITLE This Chapter may be cited as the Denton Animal Control Ordinance. SECTION 4-2. DEFINITIONS In this Chapter the following definitions shall apply unless clearly indicated to the contrary: 1. "City Manager" means the chief executive officer and head of the administrative branch of the city government or his authorized representative. 2. "Animal Control Officer" means the person or persons designated by the City Manager to represent and act for the City of Denton in the impoundment of animals, controlling of stray animals and as otherwise required in this chapter. 3. "Owner" means any person who has title to any animal, harbors or keeps any animal in his possession, or who permits any animal to remain on or about his premises. 4. "Person" means any individual, corporation, or association. 5. "Possession" means actual care, custody, control or management. 6. "Public Place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to streets, sidewalks, highways, alleyways, parks, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, anA shops. 7. "Animal", u_lleas otherwise stated, includes birds, fish, mammals (excluding human beings), and reptiles. 8. "Stray" means to wander upon a public place or the property of another person. 9+ "VICIOUS Animal" means any animal which without reasonable pzovoCation attacks other animals, or has bitten or physically attacked a human being. ;10. "prohi.biteo Animal" means an animal not normally considered domesticated, including but not limited to the fo.llowingo PAOg 2 (a) Class Reptilia: Family Ilelodermatidea (The Venomous Lizards); Family Viperidae (Rattlesnakes, Pit Vipers and True Vipers); Family Elapidae (Coral Snakes, Cobras and Mambas); Family Colubridae - Dispholidus typus (Boomsland), Cyclagras gigas (Water Cobra) and Boiga dendrophila (Mangrove Snake) only; Order Phidia (Racers, Poas, Water Snakes, and Pythons!; Order Crocodilia (Crocodiles, Alligators, Caimans and Gavials); (b) The following members of the Class Aves: Subdivision Ratitae (such as ostriches, rheas, cassowaries and emus); (c) Class Mammalla: Order Carnivora, Family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), except commonly accepted domesticated cats; the Family Canidae (such as ,;olves, dingos, coyol•es and jackals), except domesticated dogs; Family Mustelidae, (such as weasels, martins, mink, badgers); Family Procyonidae (racoon); Family Ursidae (such as bears); and Order Marsupial.ia (such as kangaroos and common opossums); Order Edentata (such as sloths, anteaters, and armadillos); Order Proboscidea (elephants); Order Primata (such as monkeys, chimpanzees and gorillas); Order Rodentia (such as porcupines); and Order Ungulate (such as antelope, deer, bison and camels). Prohibited animal does not mean a psittacine bird, canary, finch, hamster, guinea pig, rat, mouse, gerbil, or reptile families Leptotyphlopidae and Colubridae. 11. "Premises" means the grounds and all buildings and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the came person. 12. "Enter" means the intrusion of the entire body. 13. "Building" means an} enclosed structure intended for use or oceupatitn as a habitation. 14. "Habitation" means a structure that is adopted for the overnight accommodation of persons, and incluGesz (a) Each separately secured or occupied portton of the structure; and (b) Each structure appurtenant to or connected wi!.h the structure, 15. "Livestock" means domesticated animals normally kept for farm purposes including, but not limited to cattle, horses, sheep, goats and pigs. SECTION 4-3_ ANIMAL CONTROL CFNTER ESTABLISHED The City Council shall select and establish facilities in the City of Denton for impoundment, adoption, maintenance, and destruction of stray, diseased, or vicious animals. SECTION 4-4. ENFORCEMENT 1. Enforcement of this ordinance shall be the responsibility of the city Manager. 2. The Animal Control Officer shall 'rave the authority to Issue citations for any violation of this ordinance. (a) It shell be unlawful for any person upon being issued a citation to intentionally or knowingly give the Animal Control Officer 'other than his true name and address. r. $ PAGE 3 (b) It shall be unlawful to intentionally or knowingly fail to appear in accordance with the terms of a citation issued by the Animal Control Officer. 3. If the person being cited is not present, the Animal Control Officer may send the citation to the alleged offender by certified or registered mail, return receipt requested. 4. It shall be unlawful for any person to intentionally or knowingly interfere with the Animal Control Officer in the performance of his duties. SECTION 4-5. AUTHORITY TO KILL, IMPOUND, OR DESTROY ANIMALS The Animal Control Officer is authorized to: 1. Kill an animal which poses an imminent danger to a person or property and a real or apparent necessity exists for destruction of the animal; 2. Impound an animal which is diseased and endangers the health of a person or another animal; 3. Destroy an impounded animal at the Animal Control Center if th9 Animal Control Officer determines that recovery of the animal from injury, disease, or sickness is in serious doubt. SECTION 4-6. CONFIJUMENT OF ANIMALS BY INDIVIDUAL If a stray animal is found upon the premises of another, the occupant of the premises may confine the animal only for so long as reasonably necessary to notify the Animal Control Center and have the animal impounded. In attempting to confine the animal, the occupant shall not use any force that is intended or known by the occupant to cause, or in the manner of its use or intended use is capable of causing, death or injury to the animal. SECTION 4-7. STRAY ANIMALS Without regard to his mental state, an owner of an animal commits an offense if the owner fails to restrain the animal in a fenced yard, enclosed structure, or by a leash +tnd the animal strays. SECTION 4-7.1. SAME- DUTY OF OFFICERS TO IMPOUND The Animal Control Officer is authorized t) impound any animal which strays in the city and may impoLid any animal which has been confined under Section 4-6 of thi, chapter. In the event a stray animal is on private property, the impounding officer may enter upon the property for th+ purpose of impoundment or issuance of a citation, or botli. Provided, however, no Animal Control Officer shall enter a building upon private property for the purpose of impoundment or issuance of a citation without the effective consent of the owner, the order of a magistrate as defined by the Texas Code of Criminal Procedure, as amended, or as otherwise allowed by law. SECTION 4-8. BREEDING OF CERTAIN MIMALS PROHIBITED It shall be unlawful for any person to intentionally or knowingly keep for breeding purposes or employ for breeding ppurposed any Jock, bull, stallion, ram, he-goat or other livestock within the corporate limits of the City. SECTION 4.9. HERDING PROHIBITED It,`shail be unlawful for any person to intentionally or knowingly m6de herds of animals along or upon any public place PAGE 4 within the corporate limits of the City without the permission of the City Council, except that this section shall not be applicable to any officer, agent or employee of the federal, state or local government if such herding is done in the performance of his official duties. SECTION 4-10. KEEPING OF CERTAIN LIVESTOCK Hogs. It shall be unlawful for any person to intentionally or knowingly feed, or keep any species of swine in any lot, pen, building, stable or other enclosure in the city, any part of which lot, pen, building, stable or other enclosure is nearer than one thousand (1,000) feet to any building. Other Animals. It shall be unlawful for any person to intentionally or knowingly feed, stable, pasture or keep any cow, goat, horse, mule, donkey or sheep in ary lot, pen, building, stable or other enclosure in the city, any part of which lot, pen, building, stable or other enclosure is within two hundred (200) feet of any building. SECTION 4-11. ENCLOSURE REQUIRED IN KEEPING CERTAIN ANIMALS (a) Size of Lots. It shall hereafter be unlawful for any person to intentionally or knowingly stable, pasture, feed, or keep any hog, pig, cow, goat, horse, mule, donkey or sheep in any lot, pen, building, stable or other enclosure in the city, smaller in size and dimensions than is required by the following specifications: For one cow, sheep, goat, horse, mule, donkey, hog or pig, a lot, pen, building or other enclosure of not less than four hundred (400) square feet shall be required. For each additional cow, sheep, goat, mule, donkey, hog or pig, in any such lot, pen, building or other enclosure, an additional four hundred (400) square feet shall be required. (b) Manure Boxes. Each and every lot, pen, buildingg, stable or other enclosure in the city in which any of the above-named animals or other related species are kept, fed, bred, stabled, pastured or housed shall have a manure box not less than four (4) feet square and not less than three (3) feet deep in which all manure and droppings shall be placed each day. Each such box shall be securely screened or otherwise protected from flies, vermin and rodents and shall be thoroughly cleaned out and disinfected at least once each week. It shall be unlawful to pile or stack manure in open stacks in the city. SECTION 4-12. KILLING OF BIRDS It shall be unlawful for eny person to intentionally kill, injure, or administer poison to any bird wha~aoever within the city limits without the permission of the City Council. SECTION 4-13` INJURING, CAPTURING OR KILLING ANIMALS ON PUBLIC PROPERTY Except as may be otherwise provided in this chapter, it shall be unlawful to intentionally or knowingly interfere with, iure, capture or kill any animal within any pubic park, driveway, street or other public property of the city •.xcept by permission of the City Council; provided, that thi4 section shall not apply to harmful rodents, reptiles or insects. SECTION 4-14. KEEPING OF FOWL It -shall be unlawful for any person to intentionally or knowingly keep any 'chicken, turkey, guinea, geese, duck, quail, phea6bnt or other game fowl in any fenced yard or enclosure any PAGE 5 part of which is within two hundred (200) feet of any building in the City. SECTION 4-15. PIGEONS (a) It shall be unlawful for any person who owns a pigeon to intentionally allow the pigeon to stray in the city. (b) It is a defense to prosecution under Subsection (a) of this section that the bird was an Antwerp Messenger, homing, or carrier pigeon and was identified or marked as the owner's property. (c) It shall be unlawful for any person to knowingly be in possk:ssion of more than twenty-five (25) pigeons on any premises within the city. (d) It shall be unlawful for any person to knowingly keep the enclosure in which such pigeons are confined in such a manner so as to give off odors offensive to persons of ordinary sensibilities residing in the vicinity, or to breed or attract flies, mosquitoes, or other noxious insects, or, allow such pigeons to cause considerable noise to the annoyance and discomfort of surrounding neighbors so that the reasonable use and enjoyment of their property is disturbed or, in any manner, to endanger the public health or safety, or otherwise create a public nuisance. SECTION 4-16. SALE OR COLORING OF CERTAIN ANIMALS (a) It shall be unlawful fur any person to 'cnowingly sell, offer for sale exchange or give away any chicken, duckling or other fowl, rabbit, or aquatic turtle, younger than eight weeks of age as a toy, premimum, novelty or pet unless the manner or method of display is first approved by the Animal Control Officer. (b) It shall be unlawful for any person to knowingly color, dye, stain, or otherwise change the natural color of any chicken, duckling, other fowl, rabbit, or aquatic turtle, or to possess for the purpose of sale, exchange, or gift, any of the abovementioned animals which have been so colored. SECTION 4-17. PERFORMING ANIMAL EXHIBITIONS (a) No performing animal exhibition or circus shall be permitted in which an animal is induced or encouraged to perform through the use of a chemical, mechanical, electrical, or manual device in a manner which causes, or is likely to cause, physical injury or suffering. It is a defense to prosecution under this Section that, at the time of the conduct charged, the actor was engaged in bona fide experimentation for scientific research. (b) All equipment used on a performing animal shall fit properly and be in good working order. SECTION 4-18. ABANDONMENT OF ANIMALS (a) It shall ba unlawful for any parson to intentionally or knowingly abandon any animal within the corporate limit!.. of the city, Any person violating this section shall bear full cost and expenses incurred by the city in the care of said abandoned animal ane said person shall reimburse to the city all costs therefor as determined by the Animal Control Officer. (b) It shall be unlawful for any person to intentionally or knowingly confine or allow to be confined any animal in a motor vehicle or trailer under such conditions or for such periods of time as may endanger the health or well-being of the animal due to heat, lack of food or water or any other cirevastancds which PAGE 6 might cause suffering, disability, or death. If the Animal Control Officer or any police officer of the city has reasonable grounds to believe that ..n animal is in a motor vehicle or trailer under such circumstances, he is authorized to immediately impound the said motor vehicle or trailer and enter it if necessary to remove the animal. Removed animals will be taken to the Animal Control Center and impounded. SECTION 4-19. PROHIBITED ANIMALS; PERMIT (a) A person commits an offense if the person owns or exhibits a prohibited animal within the city. (b) It is an exception to the application of Sub:;ection (a) if the owner or exhibitor holds a prohibited animal permit or is a governmental entity. (c) A permit for the possession of a prohibited animal may be issued only to a zoo, research institution, individual researcher, public or private primary or secondary school, performing animal exhibition, rodeo, or circus, of which the animal is an integral part, if the animal is restrained from inflicting injury upon persons, property, or other animals and adequate provision is made for the care and protection of the animal. A permit may be issued to an individual researcher only upon the recommendation of a medical institution or the director of a research institution. (d) The fee for a permit is $10, and the permit is valid for a designated period of time not to exceed 12 months. A permit may be renewed for the samu fee. (e) A permit is issued for one or more animals of an owner or exhibitor at a single location. SECTION 4-19.1. REVOCATION (a) The Animal Control Officer shall revoke a permit to own or exhibit a prohibited animal within the city if: 1, the permit holder fails to property restrain his animal; or 2. the permit holder fails to adequately care for or protect his animal. SECTION 4-19.2. APPEAL FROM DENIAL OR REVOCATION (a) If the Animal Control Officer refuses to issue or renew a prohibited animal permit, or revokes a permit, he shall send to the applicant or permit holder by certified mail, return receipt requested, r,ritten notice of his action and a statement of the right to an tppeal. The applicant or permit holder may appeal the decision of the Animal Control Officer to the City Manager by filing with the City Manager a written request for a hearing, setting forth the reasons for the appeal, within 10 days after receipt of the notice from the City Manager. The filing of a request for an appeal hearing with the City Manager stays any action by the Animal Control Officer to revoke a permit until the city manager or his designated representative makes a final decision. If a request for an appeal hearing is not made within the 10 day period, the action of the Animal Control Officer is final. (b) The City Manager or his representative shall serve as hearing officer at an appeal hearing and consider evidence offered by any interested person. The formal rules of evidence do ndt apply at an appeal hearing; the hearing officer shall 'make his ;decisfon on the basis of a preponderance of the evidence presented at the hearing. The hearing officer must rehdar a Aecision within 30 days after the request for an r,Q PARE 7 s appeal hearing is filed. The hearing officer shall affirm, reverse, .)r modify the action of the Animal Control Officer, and his .recision is final unless the applicant or permit holder files a written request with the city secretary for a hearing before the permit appeal board within 10 days after receipt of notice of the action of the hearing, officer. A written request for a hearing before the permit appeal board stays the action of the hearing officer in revoRing a permit until the appeal board renders a final decision. (c) If a request for an appeal hearing before the permit appeal board is filed within the 10 day period, the city council shall appoint three city council members to serve as a permit appeal board and hear and consider evidence offered by any interested person. The formal rules of evidence do not apply to an appeal hearing before the permit appeal board. The board shall decide the appeal on the basis of a preponderance of the evidence presented at the hearing. The board shall affirm, reverse, or modify the action of the hearing officer by a majority vote. The result of an appeal hearing before the appeal board is final. SECTION 4-20. ANIMAL NOISE, WASTE; KEEPING OF BEES It shall be unlawful for any person to knowingly: (a) keep any animal that unreasonably barks, howls, whines, crows, or makes other unreasonable noise common to its species near a private residence so that the reasonable use and enjoyment of such property is disturbed. (b) keep any animal in such a manner as to endanger the public health by the accumulation of organic body wastes. (c) keep any animal which habitually deposits body wastes upon or destroys by cheting, scratching, digging or otherwise, property other than that of the owner of such animal. (d) keep bees in such a manner as to deny the reasonable use and enjoyment of adjacent property or endanger the personal health and welfare of the inhabitants of the City of Denton. SECTION 4-21. INTERNAL PROCEDURE FOR ANIMAL COMPLAINTS UNDER SECTION 4-20(a) A report alleging a violation of. Section 4-20(a) of this ordinance must be written and signed by a person who has personal knowledge of such violation and who can identify the owner of t%e animal or the premises where the animal is located. The Animal Control Officer shall investigate the report to determine whether probable cause exists for the issuance of a citation. frovided, however, that informal resolution of the complaint may be attempted by the Animal Control Officer according to tAe following procedure: (a) Written notice of the report shall be personally served or sent by certified mail to the alleged violator with a request to correct the problem. (b) If the complainant notifies the Animal Control Center that the problem persists, a final notice shall be personally served or sent by certified mail to the alleged violator informing said person that an investigation will Vol conducted by the Animal Control Center within seven (7) days of the receipt of the notice and that if the problem is not corrected within this' time] the violator will be requested to appear before a hearing officer appointed by the City Manager. (c) If, the investigation shows that the problem persists, an informal hearing on the complaint shall bo held on adequate notice, to the parties and shall be conducted by the animal PAGR 8 control hearing officer, with the alleged violator, complainant, and any witnesses present. (d) The hearing officer shall make written recommendations concerning what, if any, remedial measures are required. If the violation is not corrected within seven (7) days of the date of the hearing, a citation requiring a court appearance shall be issued. If the Animal Control Officer issuing the citation has no ppersonal knowledge of the violation, the complainant shall be informed that his appearance, along with any witnesses, shall be required at the court hearing on the citation. SECTION 4-22. REPORTING ANIMAL BITE, ANIMAL UNDER QUARANTINE, RABIES SUSPECT (a) It shall be the duty of any person having knowledge of an animal bite or scratch to a human that the person could reasonably foresee as capable of transmitting rabies, or of an animal that the person suspects is rabid, to report the incident to the Animal Control Center as soon as possible, but not later than 24 hours from the time of the incident. (b) Every veterinarian having an animal quarantined for a bite or scratch incident shall submit a written report to the Animal Control Center describing the condition of the animal on the initial day of observation, the fifth day, and the tenth day of observation. (c) Every veterinarian shall report immediately to the Animal Control Center his diagnosis of any animal observed as a rabies suspect. SECTION 4-22.1. ANIMAL QUARANTINE (a) The Animal Control Officer shall have the authority to order the quarantining of animals responsible for bite or scratch incidents, or having any zoonotic disease considered to be a hazard to the human population or other animals. (b) The owner of an animal that is quarantined under this Chapter shall pay to the City the reasonable costs of the quarantine and disposition of the animal, and the city may bring suit to collect these costs. SECTION 4-22.2. RABIES QUARANTINE, CONFINEMENT, DISPOSITION (a) When an animal which has bitten or scratched a human has been identified, or has rabies or is under suspicion of having rabies, the owner at his sole expense must immediately place the animal in quarantine at such animal control facilities specified for this purpose by the Animal Control Officer. The owner shall surrender possession of such animal to the Animal Control Officer on demand for supervised quarantine which shall be for not less than ten (10) days immediately following the time of the bite or scratch incident. (b) The owner of the dog nr cat under subsection (a) herein may request permission from the Animal Control Officer for home quarantine if the following criteria are met: 1. Secure facilities are available at the home of the animal's owner, and are approved by the Animal Control Officer, and 2. The owner has an unexpired rabies certificate for the animal, and 3. The animal was not in violation of this chapter at the time'of the bite or scratch incident. PAG e 9 r The violation of home quarantine by any person shall be just cause for seizure and impoundment of the quarantined animal by the Animal Control Officer, (c) A licensed veterinarian or the Animal Control Officer will supervise the quarantine for a minimum ten (10) day observation period during which the quarantined animal's health status shall be monitored and filed with the Animal Control Center. If no sign of rabies has a report thereof been observed at the end of the quarantine period, a release from quarantine shall be issued to the owner in writing and a copy filed with the Animal Control Center if: 1. The owner has an unexpired rabies vaccination certificate for the animal; or 2. The animal is vaccinated against rabies by a licensed veterinarian at the owner's expense. (d) Unauthorized prohibited animals shall not be placed in quarantine. All such animals involved in biting or scratch incidents will be humanely destroyed in such a manner that the brain is not mutilated. The head shall be sent to the nearest laboratory certified to perform the fluorescent antibody test for rabies. (e) Without permission of the Animal Control Officer, it shall be unlawful for any person to kill or remove from the city limits any animal that has bitten a person or other animal, or that has been placed under quarantine, except when it is necessary to kill such animal to protect the life of any person or other animal. (f) The Animal Control Center shall direct the disposition of any animal suspected of being rabid, (g) The carcass of any dead animal expoa,ed to rabies or suspected of having been rabid shall, upon demand, be surrendered to the Center, (h) Every animal that has been bitten by another animal shall be immediately confined by the owner who shall promptly notify the Center of the place where such animal is confined and the reason therefor. The owner shall not permit such animal to come in contact with any person or animal during this time. Any animal exposed to rabies shall be handled in one of the following manners: 1. Humane destruction with notification to, or under supervision of the Center; or 2. If not currently vaccinated, quarantine in a veterinary hopsital for at least six (6) months immediately following the date of tho exposure; or 3. If currently vaccinated, immediate revaccination and quarantine for at least thirty (30) days immediately following the date of the exposure. (I) A person commits an offense if the person knowingly fails or refuses to surrender an animal for supervised quarantining or humane destruction as required herein for rabies control when demand therefore is made by an Animal Control Officer, 0) Any person havingg ppossession of or responsibility for any quarantined animal shall immediately notify the Center if PAGE 1h 1, such animal escapes, or becomes or appears to become sick, or dies; and in case of death of the animal while under quarantine shall immediately surrender the dead body to the Center for diagnostic purposes. SECTIONS 4-23 - 4-30. RESERVED SECTION 4-31. VACCINATION OF DOGS & CATS (a) The owner of any dog or cat shall have such dog or cat vaccinated against rabies by the time it is four (4) months of age and within each subsequent 12-month interval thereafter. After immunization, a licensed veterinarian shall issue to the owner of the animal a vaccination certificate in a form approved by the Texas Department of Health and a metal tag to be worn by the dog or cat on a collar or harness for one year. (b) It shall be unlawful for any person to knowingly use a certificate of vaccination or tag for any dog or cat other than the one for which it was issiv,d. (c) A person commits an offense if the person knowingly is in possession of a dog or cat that has not been vaccinated against rabies by a licensed veterinarian. It is a defense to prosecution under this section that the dog or cat was younger than four (4) months of age. SECTION 4-32. ADOPTION OF DOGS & CATS The Animal Control Center shall be authorized to place for adoption dogs or cats impounded by the City under the following conditions: (a) The Animal Control Officer shall be the sole judge as to whether a dog or cat is healthy enough for adoption. However, such decision by the Animal Control Officer to permit adoption of a particular dog or cat shall not constitute a warranty, expressed or implied, of the health or age of the animal. (b) Dog or Cat Six (6) Months of Age or older: 1. The adoption fee for adoption of a dog or cat six (6) months of age or older shall be Ten Dollars ($10.00). 2. In addition to the adoption fee, if said dog or cat has not been immunized against the common canine or feline diseases and permanently sterilized, the adopting person shall present to the Animal Control center a receipt showing that a licensed veterinarian has been paid a Fifty Dollar ($50.00) deposit or the full fee, whichever is less, to have the dog to be adopted immunized against the common canine diseases of rabies, distemper, infectious canine hepatitis, leptospirosis, parainfluenza and parovious and neutered or spayed; or the cat to be adopted immunized aginst the common feline diseases of rabies, panleukopenia (distemper), viral rhinotracheitis and calicivirus and neutered or spayed. 3. Failure to obtain the required immunization and sterilization of the dog or cat which is adopted within three (3) days of the adoption date shall authorize the reimpoundment of the animal. PAGE 11 ,a ~I',r (c) Dog or Cat Under Six (6) Months of Age: 1. The adoption fee for adoption of a dog or cat under six (5) months of age shall be Ten Dollars ($10.00). 2, In addition to the adoption fee, if said dog or cat has not been immunized against the common canine or feline diseases and permanently sterilized, the vaccinations and sterilization shall not be required until the animal becomes of age to receive such treatment as determined by a licensed veterinarian. The dog or cat to be adopted must be presented to a licensed veterinarian within three (3) days of the adoption date for such determination. Further, the adopting person shall present to the Animal Control Center a receipt showing: (a) that a licensed veterinarian has been paid a Fifty Dollar ($50.00) deposit or the full fee, whichever is less, to have the dog to be adopted immunized against the ;ommon canine diseases of rabies, distemper, infectious canine hepatitis, leptospirosis, parainfluenza and parovious and neutered or spayedi or the cat to be adopted immunized aginst the common feline diseases of rabies, panleukopenta (distemper), viral rhinotracheitis and calicivirus and neutered or spayed, and= (b) the approximate dates when said vaccinations and sterilization shall be performed by the licensed veterinarian. 3. Failure to obtain the required vaccinations within four (4) months of the date of adoption, or sterilization of the dog or cat which is adopted within six (6) months of the date of adoption shall authorize the reimpoundment of the animal, (d) A person commits an offense if the person knowingly fails or refuses to surrender a dog or cat that has been adopted from the Animal Control Center for a violation of section' 4-32(b) or (c) when demand therefore is made by the 'Animal Control Officer. (e) Any person having possession of or responsibility for an adopted dog or cat from the Animal Control Center shall " Ammediately notify the Center if such animal escapes, or becomes or appears to become sick, or dies before .he animal has been vaccinated against rabies and distempe. and spayed, neutered or otherwise permanently sterilizedi and in case of death of the animal, shall irtmediately surrender the dead body to the Center for diagnostic purposes. (f) The City Manager is authorized to adopt written administrative policies, regulations and procedures as deemed necessary to further the intent and conditions listed herein for the adoption of dogs and cats from the Animal Control Centery' said policies, regulations and procedures not to conflict with state law or other provisions of this Chapter. SZCTION 4-33, RELEASE OP IMPOUNDED DOGS AND CATSi FEES i redeem an impounded dog or cat, the owner of the dog or cat shells ~e')'Pay the Animal Control Center all applicable fees and "t costa as enumerated In Article III:of this Chapters and PAr, F 12 (b) pay the Animal Control Center, unless the owner has an unexpired rabies vaccination certificate for the dog or cat, a rabies vaccination fee for the immunization of the animal by a licensed veterinarian. SECTIONS 4-34 - 4-40. RESERVED ARTICLE II. VICIOUS DOGS SECTION 4-41. VICIOUS DOG - PROCEDURE AND HEARING (a) The Animal Control Center may receive a report concerning a dog which, while straying, has bitten or attacked a human being. A complainant may file with the Center a written sworn affidavit which contains the following information: 1. Name, address, and telephone number of complainant and any other witnesses to the incident; 2. Date, time, and location of the incident; 3. Description of the dog; 4. Name, address, and telephone number of the dog's owner, if known; or the premises where the dog is located; 5. A statement that the dog, while straying, bit or attacked a human being; 6. A statement that the dog has exhibited vicious propensities in past conduct; and 7. Other facts or circumstances relating to the incident. (b) After a sworn affidavit is filed with the Animal Control Officer, he shall request the City Manager to set a time and place for a hearing. The City Manager shall give notice of the hearing to the dog's owner by personal service or certified mail, return receipt requested, at least ten (10) days prior to the hearing date. The notice must include a copy of the sworn affidavit and a copy of this article. After the owner of the dog receives notice the Animal Control Officer shall impound the dog specified in the affidavit. (c) The City Manager shall determine at the hearing if the dog specified in the affidavit should be removed from the city for the protection of the public health, safety and welfare of the community. The City Manager shall receive testimony at the hearing concerning the incident under investigation. To order removal of the dog for the public health, safety and welfare, the City Manager must find all the following facts to be trues 1. The dog, while straying, bit or attacked a human being; 2. The dog has exhibited vicious propensities in past conduct; 3, The impounded dog is the same dog which committed the acts in (1) and (2) of this subsection; C Removal of the dog from the city is necessary to preserve the public health, safety, and welfare of the community, PAGE 13 (d) If the City Manager orders removal of the dog from the city and the owner is not present at the hearing, he shall notify the owner of the decision by personal service or certified mail, return receipt requested. If the City Manager does not order removal of the dog, the Animal Control Center shall return the dog to the owner upon payment of all daily handling fees as enumerated in Article III of the Chapter. SECTION 4-42. FAILURE TO RELEASE OF REMOVE DOG (a) A person commits an offense if the person knowingly possesses and fails to release to the Animal Control Officer a dog that has been charged by sworn affidavit as provided in Section 4-41 of this chapter. (b) A person commits au offense if the person knowingly possesses and fails to remove a dog determined to be vicious under Section 4-41 of this Chapter from the corporate limits of the city. SECTIONS 4-43 - 4.50. RESERVED ARTICLE III. IMPOUNDMENT SECTION 4-51. IMPOUNDMENT FEES (a) To redeem an impounded animal, the owner of the animal shall pay the Animal Control Center the following fees: First Second Third Fourth Impoundment Impoundment Impoundment Impoundment 1. CLASS A Animals: $15.00 $22.50 $33.75 $50.00 Dogs and cots, fowl, each animal: 2. CLASS B Animals: $20.00 $30.00 $45.00 $67.50 Goats, Sheep, lambs, pigs, sows, shoats, calves, foals and animals of the some alproximate sire and weight, each animal: 3. CLASS C Animals: $25.00 $37.50 $58.25 $84.50 Cattle, mules, horses, ponies and animals of the same approximate sire and weight, each animal: 4. CLASS D Animals: $25.00 $37.50 $56.25 $84.50 Prohibited, exotic, or wild animals requiring capture by Center personnel (if animal already contained$ then same as CLASS B), each animal: (b) For purposes of redemption, the number of impoundments for each animal shall be determined as within a continuous twelve (12) month period beginning from the date of the first .'impoundment. (a) A Five Dollar ($5.00) reduction in fees will be made for each Class A dog and oats PAGE 14 (1) When the animal has, not been previously impounded by the Animal Control Center; and (2) When the owner has an unexpired rabies vaccination certificate for the animal; and (3) When the owne. can prove that the animal has been neutered spayed, or otherwise permanently sterilized, (d) A daily handling fee shall be charged for every day or portion thereof that an animal kept at the Center. Said fee shall be based upon the cleiss of animal enumerated above in subsection (a)s CLASS A ........................S2.00 CLASS 8 ........................$2.00 CLASS C........................$3.00 CLASS D ........................$3.00 (e) No animal impounded by virtue of this Chapter shall be released to the owner, or the owner's authorized agent, until all such costs and fees have been paid and until the person applying for the release of such animal shall have signed an affidavit to the effect that he is the owner of said animal, or the owner's authorized agent, and entitled to possession thereof. SECTION 4-52. IMPOUNDMENT RECORDS The Animal Control Center shall keep records which contain the following information on impounded animalst (1) Descriptiont (2) Condition of Healtht (3) Date and Time of impoundment; (4) Location of Impoundment; (5) Reason for Impoundment; (6) Name and Address of Owner, if known; (7) Date and rime of Release or Destruction. SECTION 4-53. REOM PTION PERIOD FOR &NIMALS (a) The redemp V on period for an impounded animal shall be based upon the class of animal as enumerated in Section 4-51(a)s 1. Within ninety-six (96) hours of impoundment for CLASS A Animals; 2. Within ninety-six (96) hours of impoundment for CLASS Be C and D Animals. (b) Any animal not redeemed within the time periods specified in subsection (a) above may be humanely destroyel at the direction of the Animal Control Officer. SEOTIONS 4-54 - 4.60=„ RUSERVED ' L(:TIO a I I. Any person who shall /locate a provision of this ordinance, or f4fla to comply therivith or with any of the requirements thera6f, or of a pe dA t or certificate issue:' thereunder, shall be guilty 4f a misdomehrior punishable by a fine not exceeding 'x +t PACs 15 , . ?i . FAL..`.a ~Y iL.' < Y , 1 • •1 1• Two Hundred Dollars ($200.00), Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any su:-h violations such ^::rson shall be punished within the limits above. SECTION III. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or Impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effects but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed had remained in force. SECTIO14 IV. That if any section, subsection:, paragraph, sentence, clause, phrase or word in this ordinance, or application theroof to any person or circumstances iz 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 port.ions despite any such invalidity. SECTION V. That this ordinance shall become effective sixty (50) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 3 day of TQ , 1981. I CV RD 0. ST , MAYOR CIT OF DE TON, TEXAS ATTE (ZWOKS H L, I 9 RET iii CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMi C, J, TAYLORs JR,r CITY ATTORNEY CITY M DENTON, TEXAS J; SAGE ld- r ,G ' f i t eF t t~ -''1 ~ti. 't f,~ f ~ ~ a f ~ 'y ~ j t` r ~ ` r ~ ~ y.. r ' ti s ~ 1 S y~, ' R r a a, NO $1-1i AN ORDINANCE AMENDING SECTION 25-21 OF CHAPTER 25, CODE OF ORDINANCES PROVIDING FOR ELECTRIC UTILITY RATES; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: PART I. That Section 25-21 of Chapter 25 of the Code of Ordinances of the City of Denton, Texas is i~ereby amended to read as follows: ARTICLE II. ELECTRIC SERVICE Section 25-21. Rate Schedule. The rates to be charged by the city for electricity are hereby established as follows: (A) RESIDENTIAL SERVICE RATE (Schedule R-1) (1) Net Monthly Rate: Billing months of June through September All kWh @ 4.654 per kWh Billing months of October through May All kWh @ 4.35¢ per kWh Energy billed during each of the months of December through February which is in excess of 1000 kWh in a single family unit or 1000 kWh times the number of units in a multiple family unit will be supplied at 4.1SO per kr;h if the entire home is electr:::ally heated-heat pump or resistance. (2) Customer Facility Charge: $2.50 per month (3) Availability: Rate Schedule R-1 is applicable to all electric service required for single family residential purposes where usage is not in excess of 700 kWh per month during the billing months of June, July, August, or September. In any such month if usage exceeds 700 kWh, billing will be rendered that month under Rate Schedule R-2 and thereafter for a period extending through the 12 billing months of the next fiscal year ending September 30. In instances where multiple dwelling units (family or housekeeping units) are being served through the same meter as of the effective date of this rate schedule and the kWh in the billing montSis of June, July, August or September exceeds 700 kWh times the number of dwelling units the billing for that month and thereafter will be rendered under Rate Schedule R-24 (4) Service: At the utility's available single phase secondary voltage. . I (5) Payment: Billing for service hereunder will be at the net monthly rate, payment of which is due when bills are issued. Bills which are not paid within ten (10) calendar days from the date of issuance thereof will be considered overdue. (6) Energy Cost Adjustment: All charges of the net monthly rate will be increased or decreased according to the current energy adjustment clause. (7) Special Facilities: All services which require special facilities in order to meet the ustomerls service requirements shall be provided subject to special facilities rider. (B) RESIDENTIAL SERVICE RATE (Schedule R-2) (1) Net Monthly Rate: Billing Months of June through September: All kWh @ 4.65¢ per kWh Billing months of Oc`oher through May: All kWh @ 4.354 per kWh Energy billed during each of the months of December through February which is in excess of 1000 kWh for a single family unit or 1000 kWh times the number of units in a multiple family unit will be supplied at 4.154 per kWh if the entire home is electrically heated-heat pump of resistance. (2) Customer Facility Charge: Single Phase @ 54.50 per month Three Phase @ 8.00 per month (3) Availability: Applicable for single family residential use. (4) Servite: At the utility's available secondary voltage and phase. (5) Payme-it: Billing for service hereunder will be at the net monthly rate payment of which is due when bills are issued. Bills which are not paid within ten (10) days from the date of issuance thereof will be considered overdue. (6) Energy Cost Adjustment: All charges of the net monthly rate will be increased or decreased ac,.,)rding to the current energy adjustment clause. '(7) Special Facilities: All services which require special facilities in order to moot the customer's service requirements shall be provided subject to special facilities rider, PAGE 2 (C) COMMERCIAL AND INDUSTRIAL LIGHTINO & POWER SERVICE RATE Schedule C (1) Net Monthly Rate: Demand Charge: Primary Service: $1.80 per month per kW for all kW of billing demand. Secondary Service: $2.10 per month per kW for all kW of billing demand, Energy Charge: Billing months of June through September: Primary Service: All kWh @ 4.10t per kWh Secondary Service: All kWh @ 4.15t per kWh Billing months of October through May: Primary Service: All kWh @ 3.80? per kWh Secondary Service: All kWh @ 3.854 per kWh (2) Customer Facility Charge: Primary Service: @ $46.00 per month Secondary Service: 3¢ @ $ 8.00 per month Secondary Service 1¢ @ $ 4.50 per month (3) Availability: Available to commercial and industrial users except that sarvice hereunder is not available for resale, breakdown or standby power. (4) Billing Demand: Equal to the kW load metered during the 1S-minute period of maximum use during the current monthly billing period, or in cases where the connected load is constant, the city may, at its option, estimate the kW demand. For neon type signs one volt Pmpere shall be considered the equivilent of 3/4 watt. (5) Minimum Charge: An amount equal to the demand charge as calculated abov but not less than fifty percent (S0%) of the maximum monthly demand charge for any month during the preceding 11 months. (6) Payment: Billing for services hereunder will be at the net monthly rate payment of which is due when bills are issued. Bills whic~i are not paid within ten (10) calendar days from the date of issuance thereof will he considered overdue. (7) Energy Cost Adjustment: All charges of the net monthly rate will be increased or decreased, according to the current energy adjustment clause. (8 )'Power Factor Requirements 8 Adjustments: PAG H 3 The utility reserves the right to make tests to determine the power factor of the user's installation served hereunder during periods of maximum demand or by measurement of the average -lower factor for the monthly billing period. Should the power factor so determined be below ninety (904) percent, the demand for billing purposes will be determined by multiplying the uncorrected kW Billing Demand by ninety (904) percent and dividing by the determined power factor. (9) Alternate Primary Service F; Discount !Transformation Equipment Owned by the User): Primary service will, upon request, be made available to users with a twelve (12) month average monthly demand of 750 kW or greater. Primary service will be rendered at one point on the user's premises at a nominal voltage of 13,200 volts or 69,000 volts three-phase, at the option of the utility. When the alternate primary service is supplied, the user shall own, operate and maintain all facilities necessary to receive primary service and all transformation facilities required for conversion to utilization voltage. The utility shall own, operate and maintain all metering f.%I.lities (either primary or secondary metering at the utility's option). Where the user owns, operates and maintains the transformation equipment and where the utility elects to apply its metering facilities on the hhi~i~~h voltage side of such transformation equipment, the user w3i1 be allowed a fifteen OSI) percent reduction from the monthly Demand Charge. Where the user owns, operates and maintains the transformation equipment and where the utility elects to apply its metering facilities on the low voltage side of such transformation equipment, the user _wM1 be allowed a thirteen (134) percent reduction from the monthly Demand Charge; the difference between fifteen (154) percent and thirteen (134) percent being the allowance fur losses in the user's facilities. (10) Special Facilities: All services which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. (D) LOCAL, GOVERNMENT L?GHTING $ POWER SERVICE RATE (City,, n& pendent coo District) SCHEDULE G-1 (1) Net Monthly Rate: Energy Charge: Billing months of June through September: All kWh a 4.154 per kWh Billing months of October through May: All kWh I 3.854 per kWh (2) Customer Facility Charge: $7.25 per month (3) Availability: Application for local government use. FAGB 4 (4) Service: At the utility's available secondary and primary voltage and phase. (5) Payment: Billing for service hereunder will be at the net monthly rate payment of which is due when bills are issued. Bills whic{ are not paid within ten (10) calendar days from the date of issuance thereof will be considered overdue. (6) Energy Cost Adjustment: All charges of the net monthly rate will be increased or decreased according to the current energy adjustment clause. (7) Special Facilities: All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. (E) STREET LIGHTING Schedule G-2 (1) Net Monthly Rate: All kWh @ 5.44 per kWh (2) Availability: Available to the City for street lights. (3) Service: At the utility's available secondary voltage and phase. (3) Payment: Billing for service hereunder will be at the net monthly rate payment of which is due when bills are issued. Bills which are rot paid within ten (10) days from the date of issuance thereof will be considered overdue. (4) Energy Cost Adjustment: All changes of the net monthly rate will be increased or decreased according to the current energy adjustment clause. (F) STREET LIGHTING 4 TRAFFIC SIGNALS Schedule G-3 (1) Net Monthly Rate: All kWh @ 3.6S4 per kWh (2) Availability: Available to State and local fivernment agencies that install and maintain their own street lights and traffic signals. (3) Services it the utility's available secondary voltage and phase ri,aa s (4) Payment: Billing for service hereunder will be at the net monthly rate payment of which is due when bills are issued. Bills whic{~ are not paid within ten (10) days from the date o: issuance thereof will be considered overdue, (5) Energy Cost Adjustment All changes of the nat monthly rate will be increased or decreased according to the current energy adjustment clause. (6) Maintenance Charge: Maintenance expenses billed at cost. (G) DUSK-TO-DAWN LIGHTING Schedule D-1 (i) N3t Monthly Rate: 100 watt Sodium Vapor Lamp @ 6.75 175 watt Mercury Vapor Lamp @ 5.00 *250 watt Mercury Vapor Lamp @ 7.00 400 watt Mercury Vapor Lamp @ 110.00 *No new or additional 250 watt lamps will be insta:led after the effective date of this schedule. Where necessary for proper illumination or where existing poles are inadequate the city will install or cause to be installed one (1) pole for each installed light, at a distance not to 9xceed eighty (801) feet from said existing lines, at no charge +:o the customer. Each additional pole span shall not exceed a span spacing of one hundred (100') feet. Additional poles required to install a light in a customer's specifically desired location, and not having a light installed on same, shall bear the cost. (2) Availability: 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. (3) Service: The city shall furnish, install, maintain and deliver electric service to automatically controlled, mercury/sodium vapor lighting fixtures conforming to the utility's standards and subject to its published rules and regnIations. (4) Payment: Billing for service hereunder will be at the monthly rate, payment of which is due when bills are issued. Bills which are not paid within ten (10) calendar days from the date of issuance thereof will be considered overdue. (5) Energy Cost Adjustment: The energy cost adjustment applicable to .he monthly dusk-to-dawn lighting charge shall be the amount equal to "X" cents multiplied by following factor corresponding to the bulb wattage, PAOB 6 Bulb Wattage Factor 100 46 175 68 250 103 400 153 All charges of the net monthly rate will be increased or decreased according to the current energy adjustment clause. (6) Term of Contract: A twin ('c) year contract shall be agreed to and signed by each customer desiring Dusk-to-Dawn Lighting Service authorizing fired monthly charges to be applied to the monthly municipal utilities bill. In the event that a customer desires the removal of the unit or discontinuance of the service prior to completion of two years, the remainder of the contract period shall become due and payable. After the end of the initial two yesr contract, service shall continue on a month to month basis and may be cancelled by either party upon thirty (30) days notice. (7) Special Facilities: All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. (H) TEMPORARY SERVICE SCHEDULE Schedule T-1 (1) Net Monthly Rate: Billing months of June through September: All kWh @ 4.65E per kWh Billing months of October through May: All kWh 0 4.354 per kWh (2) Customer Facility Charge: Single Phase $4.50 per month (3) Availability: Temporary service is defined as service that is supplied for less than twelve months. (4) Service: At the utility's available 120/240 volt single phase secondary supply. (5) Payment: Billing for service hereunder will be at the net monthly rate payment of which is due when bills. are issued. Bills whicA are not paid within ten (10) calendar days from the date of issuance thereof will be considered overdue. I PAQP (6) Energy Cost Adjustment: All charges of the net monthly rate will be increased or decreased according to the current energy adjustment clause. (7) Special Facilities: All services which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. See Section 25-23(e) for standard requirements. (8) Minimum: Same as R-2 Facilities Charge but not less than 66.75 for the entire period service is supplied. (I) TIME OF USE RATES GENERAL SERVICE, SECONDARY Schedule S-1 (1) Net Monthly Rate: Demand Charge: $2.10 per month per kW for all kW of Billing Demand Energy Charge: Billing months or June through September: 12:00 Noon through 9:00 P.M. @ 7.204 per kWh 9:00 P.M. through 12:00 Noon @ 5.204 per kWh Billing months of October through May: All kWh @ 3.204 per kwh (2) Customer Facility Charge: Single Phase @ S 7.50 per month Three Phase @ 6.12.00 per month (3) Availability: Rate Schedule S-1 is applicable to approved electric service required for secondary distribution service at voltage levels not to exceed 460 volts. (4) Bil:.ing Demand: The kW load metered during the 15-minute period of maximum use during the current month's peak billing periods from 12:U0 Noon through 9.00 P.M. (5) Minimum Charge: An anount equal to the demand nharge as calculated above ;but not less than fifty percent (Sot) of the maximum monthly demand charje for any month during the preceding 11 months. (6) Service: At the utjlity's' &V,014ble secondary `pottage ,and phase. Pt' 1 M } PA08 8 r • 'a'.. mmmm& (7) Payment: Billing for service hereunder will be at the net monthly rate, payment of which is due when the bills are re:eived. Bills which are not paid within ten (10) calendar days from the date of issuance thereof will be considered overdue. (8) Energy Cost Adjustment: All charges of the net monthly rate will be increased or decreased according to the current energy adjustment clause. (9) Power Factor Requirements G Adjustments: The utility reseri es the right to make tests to determin. the power factor of the user's installation served hereunder during periods of maximum demand for the monthly billing period. Should the power factor so determined be below ninety (901) percent, the demand for billing purposes will be determined b multiplying the uncorrected kw Billing Demand by ninety (901) percent and dividing by the determined power factor. (10) Special Facilities: All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. (J) TIME OF USF RATES GENERAL SERVICE, PRIMARY SCHEDULE P-1 (1) Net Monthly Rate: Demand Charge: $1.80 per month per kW for all kW of billing demand Energy Charge: Billing months of June through September: 12:00 Noon through 9:00 P.M. @ 7.054 per kWh 9:00 P.M. through 12:00 Noon @ 3.150 per kWh Billing months of October through May: All kWh @ 3.150 per kWh (7) Customer Facilities Charge: $60.00 per month (3) Availability: Rate Schedule P-1 is applicable to approved electric service required for primary distribution service at voltage levels not to exceed 69,000 volts and billing demand equal to or greater than 20 kW. (A) Billing Demand: The kW load metered during the 1S-minute period of maximum use during thv'current month's peak billing periods from 12:00 Noon throug'i 9:0 PA PAG B 9 i . I (5) Minimum Charge. An amount equal to the demand charge as calculated above but not less than fifty percent (504) of the maximum monthly demand charge for any month during the preceding 11 months. (6) Jervice: At the utility's available secondary voltage and phase. (7) Payment: Billing for service hereunder will be at the net monthly rate, payment of which is due when the bills are received. Bills which are not paid within ten (10) calendar days from the date of issuance thereof will be considered overdue. (8) Energy Cost Adjustment: All charges of the net monthly rate will be increased or decreased according to the current energy adjustment clause. (9) Power Factor Requirements $ Adjustments: The utility reserves the right to make tests to determine the power factor of the user's installation served hereunder during periods of maximum demand for the monthly billing Qeriod. Should the power factor so determined be below ninety (901) percent, the demand for billing purposes will be determined by multiplying the uncorrected kW Billing Demand by ninety (901) percent and dividing by the determined power factor. (10) Special Facilities: All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. (K) INTERRUPTIBLE SERVICE RATE Schedule PI-1 (Primary service for a firm power load exceeding 5,000 KVA in June, July, August or September) (1) Net Monthly Rate for Firm Power: Demand Charge: $1.80 per month per kW for all kW of billing demand Energy Charge: Billing months of June through September: All kWh E 4.1t per kWh Billing months of October through May: All kWh I 3.8f per kWh (2) Net Monthly Rate for Interruptible Load: When the Blectric Department requests a customer to interrupt load and the customer elects not to interrupt his load then the following rates shall apply for all kW and kWh the Blectric Department requests to be interrupted: PAaB 10 (3) Demand Charge: The actual cost of all kW purchased by the Electric Department necessary to service the customer's load adjusted for losses. (4) Minimum Charge: An amount equal to the demand charge as calculated above but not less than fifty percent (501) of the maximum monthly demand charge for any month during the preceding 11 months. (5) Energy Charge: The actual cost of all kWh purchased by the Electric Department necessary to serve the customer's load adjusted for losses. (6) Customer Facility Charge: 146.00 per month (7) Availability: Available for all customers taking primary service at a firm power load exceeding 5,000 KVA during the months of June, July, August or September. (8) Billing Demand: The kW load metered during the 15-minute period of maximum use during the current monthly billing period. (9) Conditions of Interruption: The Electric Department shall notify the customer by telephone at least thirty (30) minutes prior to the time at which the load is required to be curtailed. The request shall b6 for all or part of the customer load exceeding 5,000 KVA. The maximum period of interruption shall be for six hours. The interruption shall be at the request of the Electric Department during the periods when a potential forced outage could deny power to other customers or when aviA lable spinning reserves are threatened. The customer shall respond by stating he will or will not comply with the Electric Department's request within fifteen (15) minutes after notification. (10) Payment: Billing for service hereunder will be at the net monthly rate, payment of which is due when the bills are received. Bills which are not paid within ten (10) calendar days from the date of issuance thereof will be considered overdue. (11) Energy Cost Adjustment: All charges of the net monthly rate will be increased or decreased according to the current energy adjustment clause. (12) Power Factor Requirements $ Adjustments: The utility reserves the right to make tests to determine the power factor of the user's installation served hereunder during periods of maximum demand for the monthly billing period. Should the power factor so determined be below ninety (901) percent, the demand for billing purposes will be determined by multiplying the uncorrected kW Billing Demand by PAH 11 ninety (901) percent and dividing by the determined power factor. (13) Special Facilities: All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. (L) ENERGY COST ADJUSTMENT All monthly kWh charges shall be increased or decreased by an amount equal to "X" cents per kWh. + , X + + = A + B + P + E - G + H - 0.03 C F J A - Estimated next month's cost of fuel used in the utility's electric generating plants D - Estimated next month's cost of purchased energy C - Estimated next month's kWh sales D - Estimated cost of fuel two months previous used in the utility's electric generating plants E - Est:.mated cost of purchased power two months previous F - Estimated kWh sales two months previous G - Actual cost of fuel two months previous used in tho utility's electric generating plants H - Actual cost of purchased energy two months previous J - Actual kWh sales two months previous NOTES: 1. Elements A, S, D, E, G and H exclude costs associated vIth sales to non-Denton Electric Department jurisdictional customers. 2. Elements C. F and J exclude kW sales to non-Denton Electric Department jurisdictional customers. 3. Elements B, E and H exclude demand charges included in purchased power costs and rental charges for facilities. (K) SPECIAL FACILITIES RIDER (1) Applicability: + All service shall be offered from available facilities. If a customer service characteristic requires facilities and devices which are not normally and readily available at the location at which the customer requests sorvice, then the Electric Department shall provide the service sC-Iact to paragraph 2 of this schedule. (2) the total cost of all facilities required to meet the customer's load characteristics which are incurred by ;he Electric Department shall be subject to a special contract entered into between the Electric Department and the customer. This contract shall be signr,d by both parties prior to the Electric Department providing service to the customers PAGE 12 I • PART II. 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. PART III.. G That this ordinance shall become effective f 4y (41 days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED This the day of e ~j rcLrtf , 1981 CITY OF DENTON, TEXAS ATTE tROOKS r CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: nC_N1, /JJ. IA-1~ PAGE 13 4i(' 4 Y~.1••~~ f I ~ I~ ~ a ~ n i . I., .Y ~ r i 'I ~ - i. ~ 1 ~ T1i t ~ k ~ f r y ~~~h~( d ~ T11 ~ ~ ~1 " ;r. ~ a a ~ e t ~ ~ ~ ~ y R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authorized and directed to execute on behalf of the City of Denton, Texas, a Power Line License Agreement dated February 1, 1981, between the City of Denton and the Missouri-Kansas-Texas Railroad Company. PASSED AND APPROVED this the 3,4-jday of w^ , 1981. D U. /S TE , MAYO R CIT OF DE TON, TEXAS ATTEST l/ G BROOKS l T,,C: SECRETARY CITY OF DbvTn!,, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR JR., CITY ATTORNEY CITY OF DENT6N, TEXAS BY: C. ` Form SIF Rev IJ77 POWER LINE LICENSE THIS AGREEMENT No- n ade this 1st gay of - February 1981 between the MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and CITY OF DENTON, TEXAS hereinafter called "Licensee". WITNESSETW ARTICLE 1. 1. Term: This agreement shall take effect the date herecf, and unless sooner termi- nated as provided hecein, shall continue in force so long as used for the purpose herein set out for a period of ten (10) years, or until terminated by either party giving the other party not less than thirty (30) days' advance notice in writing of an intention to terminate the same, the agreement to terminate upon the expiration of such term or notice, whichever occurs first. Licensee is hereby given a renewal option at a price and term to be negotiated no sooner than 120 days or less than 30 days prior to the expiration of this term. In the event the amount of renegotiated rental is not agreed to in writing by both parties, prior to the expiration of the term of this license, this license shall automati- cally terminate without notice, effective the last day of the expiring term, 2. Consideration and Description: In consideration of SEVEN HUNDRED AND NO/100----------------- - (s-700.00 )DOLLARS, receipt of which is hereby acknowledged, and of the covenants of Licensee as hereinafter set forth, Licensor hereby gra n Is a license and permission to Licensee !o construct, reconstruct, use, maintain, repair and install one aerial efectiicat transmission t'ne containing a maximum of 13.2 KV situated on, across or along Licensor's property at or near Denton in the County or Denton and State of Texas For convenience, the said power line with all towers, poles, wires and appurtenances insofar as they relate to said power line upon said right of way is herein called "Crossing". The location of said Crossing is more particularly described as follows: Said 13.2 KV electric transmission line crosses said Railroad Company's premises at an angle of 73 degrees, more or less, measured to the left, Southwesterly, from the centerline of said Railroad Company's Denton Subdivision main track at Mile Lost K-723,93, being main track valuation chaining station 1803+75, distant 132 feet, more or less, measured Northwesterly along the centerline of said train track from the centerline of Loop 288 (DOT No. 414 684 V), Said line is not within the limits of a public crossing. \91(.MM~^~"IN4`.Mp1P SN r! Y`r .C'MfTFTTrr w..?rR _t4 T#Y £.'sv.RTI. z• r'Td^T ~iR°M w+ .•..-.,.wt...w...--..r......~...- ie . ARTICLE 11. Ltccnsec undertakes and agrees: , 1. Specifications: All crossings shall be constructed, reconstructed, used, maintained, operated, repaired and installed in strict accordance with the specifications for the time current of the National Electrical Safety Code-Part 2,"Safety Rules for the Installation and Maintenance of Electric Supply and Communication Lines", provided that all material and workmanship employed in the construction, reconstruction, use, maintenance, operation, repairs, and installation of the Crossing shall be subject to theapproval of Licensoi sChief Engineer. In any event, however, said Crossing, if aerial, shall clear the rails ofany track of Licensoratleast thirty(3(r)feet,andno polessha lbeplacednearerthanfifteen(15')feetto the main trackorany side track.The Crossing over any track shall be as nearly as possible at right angles. If said Crossing is buried, it shall be placed in a conduit where the top of the conduit is at least five and one-half (5W) feet beneath base of rail. 2. Present Occupants: To make appropriate arrangements with any person or legal entity occupying the premises affected hereby pursuant to a lease or other permission granted by Licensor, sothat Licensee's said Crossingwill not unreasonably interfere with the use of the subject property, or cre?t; undue hardship on the person or legal entity occupying the premises. 3. Liability: Licensor shall not be liable forany damage to said Crossing or the contents thereof, howsoever such damage shall be caused, whether by the negligence of Licensor, its agents, employees or otherwise. Licensee assumes the risk of, and shall protect, indemnify and hold harmless licensor from and against all liability foror on account of injury to or death of any and all persons or damage to property, including livestock killed or injured, resulting from or incident to the construction, maintenance, use, operation, relocation, reconstruction or existence of said Crossingon Licensor 's premises, or the removal thereof, from said premises, or to the restoration of or failure to restore said premises to their prior or other condition as herein provided, whether such injury, death, or damage shall be caused or contributed to by the negligence of Licensor, its agents, employ-es or otherwise, and Licensee will protect, indemnify and hold harmless Licensor and any others legally using its right of way, from all claims, demands, suits or actions growi ng out of any such loss, injury or demands, including investigation costs, court costs, and attorney's fees resulting in or in any manner arising from the risks herein assumed by Licensee. Licensee further agrees to immediately investigate any such claims, demands, or >ults and shall defend, settle and/ or otherwise dis?ose of the same at its sole cost and expense. I n the event Licensee settles any such claims, demands, or suits, it shall obtain a release which includes Licensor. Licensee shall not have or mak- against Licensor any claim or demand for or on account of any damage Licensee may suffer or sustain because of any failure of Licensor 's title to the right of way and lands occupied by said Crossing or any part thereof. 4. W21ver: To waive all right to question the validity of this License orany of the terms or provisions hereof, or the right or power of Licensor to execute and enforce the same. ARTICLE III. It is mutually agreed by and between the parties, as follows: L(a) Repairs and Relocation: licensee will at all times maintain the Crossing in a safe and secure manner, and in a condition satisfactory to Licensor. Licensor may request Licensee to change the location of the Crossing, or any part thereof; or to make reasonable repairs as in thejudgement of Licensor shall be deemed necessary to avoid interference with ordanger in the use or operation of Licensor's railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or otherlineson Licensors right of way, and in the event it is found necessary for Licensor to use its entire right of way, or any portion of it occupied by the Crossing, Licensee shall at its sole ex )ense,andwithinthirty(30)daysafternoticesotodo,(oruponshorternoticeincaseof emergency), remove said Crossing, or as much of the Crossing as is located upon that portion of the right of way so required by licensor. (b) If Licensee shall fail to perform any of its obligations contained ir: this agreement to the maintenance of safe conditionsin and about said Crossing oras to the protection ofiAires from electrical ii terfe«nceon l-icensor'sproperty or to make any necessary repairs, or to relocate said Crossing, then Licensor may cause such condition to be made safe, or change of location to be made, or repairs to be made, or Crossing to be removed from Licensor 's property, Licensor acting as the agent of Licensee, and may perform such work as is necessary in the judgement of Licensor, and Licensee shall, on demand, promptly reimburse Licensor the whole cost thereof, plus ten (101"e) per cent thereon as a charge for supervision, accounting, and use of tools; or Licensor may terminate this License by giving to Licensee not less than ten (10)days' advance written notice of its intention so to do. 2. Termination: Licensor may terminate this License upon ten (10) days' written, notice if Licensee fails to keep any of Licensce's covenants herein contained, or if the right of way is required for other purposes by Licensor, and no reimbursement shall be n ade for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No lamination or expiration shall affect the rights and liabilities, if any, of the parties hereto then existing. 3, Restoration: Upon the termination of this agreement, whclher in accordance with the provisions of Paragraph I of Article 1, or Paragraph 2 or 4 of Article 111, or otherwise, Licensee shall prompptly remove said Crossing from Licensor's right of way, and restore said right of way to its prior condition, or to a condition satisfactory to Licensor, If Licensee shall fail to remove said Crossing within thirty (30) days after the termination of this agreement, Licensor may remove the same, and charge the expense therefor to the Licensee on the basis provided in Paragraph I(b) of Article III. - 2- 4. Miscellaneous: (a) This License and all of Ihe,provisions herein. contained shall be binding upon the parties hereto, their heirs; exeeutors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any namee`tanges. Licensee agrees not toassign this License or any interest therein, without thecoasent of Licensor inwriting,and any and every such attempted assignment without such prior written consent shall be void :snd of no effect. In the event of any assignment, Licensee shall at all times remain fully responsible and liable forthe payment of the rental, if any, herein specified and for the compliance of all of its other obligations under the terms, provisions, and covenants of this License. (b) In the event rent is paid annually, Licensor expressly reserves the right to incn:ase theabove rental rate on anyycarly anniversary date of this license by giving Licensee thirly(30) days' written notice. Licensor mayinerease the rental by the percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental increase period, or the last anniversary date hereof (c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether Licensee be a natural person, a partnership, or a corporation, or any combination thereof. (d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or delivered to Licensee or his authorized agent, or if posted on or if mailed, po,,tpaid, addressed to Licensee at his last known place of business. (e) No oral promises, oral agreements, or oral warranties shall be deemed a pai t of this License, nor shall any alteration, amendment, supplement, or waiver of any of the provisions of this licensebe biodingupon either partyheretounless the same be supplemented, altered, changed, or amended by an instrument in writing, signed byUcensorand Licensee. (I) This License does not become binding upon licensor until exec Ued by Liceasor's vice-president. IN WITNESS W H EREOF, the parties hereto have executed this agreement as of the day and year fi st above written. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY By _ Vice-President CITY OF DENTOV, TEXAS' By LAI Title Mayor Address: Municipal Building Denton, Texas 76201 File: T-18753-B -3- f-,~.."".....•~~ ~ ~ y n ~ aa ~ L b a w ' ~ 4 ~ t} ~1 i P - J R E S O L U T I O N WHEREAS, the Charter of the City of Denton and Section 8 of Article 1269m of Vernon's Annotated Statutes of the State of Texas gives the City Manager the authority and responsibility of appointing the Chief of Police of the City of Denton; and WHEREAS, the City Manager has appointed Hugh Lynch as the Chief of Police of the City of Denton; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1. Pursuant to the provisions of 1269m of Vernon's Annotated Statutes of the State of Texas, as amended, the appointment of Hugh Lynch as Chief of Police of the City of Denton, Texas is hereby confirmed. SECTION II. This Resolution shall become effective from and after its date of passage. PASSED AND APPROVED this the 3rd day of February, 1981. I CI Y OF DEN TON, TEXAS ATTEST' OOKS HOLTO CITY SECRETARY ITY OF DENTON,. TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON; TEXAS BY: C , I C-\%~ r • 1 1L g~ 1 zv~o 229 Mkst Hickory Box 518 Demon 7?xas 76201 817 387 61:8 WAIFE TITLE company of Denton Februory 21,, 1981 City of Denton, Tcxas Re: Denton CF2211^,-21 Gentlemen: Enclosed herewith is your Owner's Title Insurance Policy. Your warranty deed has bavn filed for record, rand will be returned to you. We have a special --omplete file covering your property. For prompt, efficient 'llid courteous handling of futtre title service, please feel free to call us. Very tru'y yours, a-I_E Ottis k ers Escrow Officer I WFIFE TITLE INSURANCE Company of Dallas Owner Policy of Title Insurance USLIFE Title Insurance Company of Da!las, DALLAS, TEXAS, a Texas Corporation, HEREINAFTER CALLED THE COMPANY, for value does hereby guarantee to the Insured (as herein defined) that as of the date hereof, the Insured has good and indefeasible title to the estate or interest in the land described or referred to in this policy, The Company shall not be liable in a greater amount than the actual monetary loss of the Insured, and in no event shall the Company be liable for more than the amount shown in Schedule A hereof, and shall, except as hereinafter stated, at its own rost defend the tn,,lred in every action or proceeding on any claim against, or right tothe estate or interest in the land, or any part thereof, adverse to the title to the estate or interest in the land as hereby guaranteed, but the Company shall not be required to defend against any claims based upon matters in any manner excepted under this policy by the exceptions in Schedule B hereof or excluded by Paragraph 2, "Exclusions from Coverage of this Policy," of the Conditions and Stipulations hereof. The party or parties entitled to such defense shall within a reasonable time after the commencement of such action or proceeding, and in ample time for defense therein, give the Company written notice of the pendency of the action or proceeding, and authority to defend The Company shalt not be liable until such adverse interest, claim, or right shall have been held valid by a court of last resort to which either litigant may apply, and if such adverse interest, claim, or right so established shall be for less than the whole of the estate or interest in the land, then the liability of the Company shall be only such part of the whole liability limited above as shall bear the same ratic to the whole liability that the adverse interest, claim, or right established may bear to the whole estate or interest in the land, such ratio to be based on respective values determinable as of the date of this policy. In the absence of notice as afore^aid, the Company is relieved from all liability with respect to any such inter- est, claim or right; provided, however, that failure to not fy shall not prejudice the rights of the Insured if such Insured shall not be a party to such action or proceeding, nor be served with process therein, nor have any knowledge thereot, nor in any case, unless the Company shall bt actually prejudiced by such failure. Upon sale of the estate or interest in the land, this policy automatically thereupon shall become awarrantor's poliry and the Insured shall for a period of twenty-five years from the date hereof remain fully protected according to the terms hereof, by reason of the payment of any loss he, they or it may sustain on account of or y warranty of title contained in the transfer or conveyance executed by the Insured conveying the estate or interest in the S~arxCc co+4,, land. The Company shall be liable under said warranty only by reason of defects, liens or encumbrances existing prior to or at the date hereof and not excluded either by the 6~d~L} c exceptions or by the Conditions and Stipulations hereof, such liability not to exceed the r * amount r,; this policy. 'if',+t►~Ss'c IN wl rNESS HEREOF, the USLIFE Title Insurance Company of Dallas has caused this noU;y to be executed by its President under the seal of the Company, but this policy is to be valid only when it bears an authorized eountersipnawre, as of the date set forth in Schedule A, Aen, f: Soria VipR~~7Mn6 Surrey end Gero~d ounrrl Formerly DALLAS TITLE AND GUARANTY COMPANY rORM 11•1001x(REV 1 010)15M780M Conditions and Stipulations 1. Definitions The following terms when used in this policy mean: (a) "land": The land described, specifically or by reference, in Schedule A, and improvements affixed thereto which by law consttute real property, (b) "public records": Those records which impart constructive notice of matters relating to the land. (c) "knowledge": Actual knowledge, not constructive knowledge, or notice which maybe imputed to the Insured by reason of any public records. (d) "date": The effective date, including hour if specified. (e) "Insured": The Insured named in Schedule A and, subject to any rights or defenses the Company may have had against the named Insured or any person or entity who succeeds to the interest of such named Insured by operation of law as distinguished from purchase including but not limited to the following: (i) heirs, devisees, distributees, executors and administrators; (ii) the successors in interest to a corporation resulting from merger or consolidation or the distribution of the assets of such corporation upon partial or complete liquidation; (iii) the partnership successors in interest to a general or limited partnership which dissolves but does not terminate; (iv) the successors in interest to a general or limited partnership resulting from the distribution of the assets of such general or limited partnership upon partial or complete liquidation; (v) the successors in interest to a joint venture resulting from the distribution of the assets of such joint venture upon partial or complete liquidation; (vi) the successor or substitute trustee of a trustee named in a written trust instrument; or (vii) the successors in interest to a trustee or trust resuiting from the distribution of all or part of the assets of such trust to the beneficiaries thereof. 2. Exclusions from the Coverage of this Policy This policy does not insure against loss or damage by reason of %he'ollowing: (a) The refusal of any person to purchase, lease or tend money on the land. II (b) Governmental r'k'-is of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof; and the consequences of any law, ordinance or governmental regulation including, but not lim1ed to, building and:on:ng ordinances. (c) Any titles or rights asserted by anyone including, but not limited to, persons, corporations, governments or otherentities to tiUetands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or to any land extending from the line of mean Inw tide to the line of vegetation, or to lands b(pyond the line of the harbor or bulkhead lines as established or changed by my government, or to filled-in lands, or artificial islands, or to riparian rights, or the rights or interests of the State of Texas or the public generally In the area extending from the line of mean low tide to the line of vegetation, or their right of access thereto, or right of easement along and across the same. (d) Defects, liens, encumbrances, adverse claims against the title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured at the date of this policy, or (2) known to the Insured at the date of this policy unless disclosure thereof in writing by the lnsured shall have been made to the Company prior to tho date of this policy; or loss or damage which would not have been sustained if the Insured were a purchaser for value without knowledge; or the homestead or community property or survivorship rights, if any, of any spouse of any Insured. 3. Defense of Actions (a) In all cases where this policy provides for the defense of any action or proceeding, the Insu::,d shall secure to the mpany the right to so provide defense in such action or proceeding and all appeals therein, and permit it to use, at its option, the name of the Insured for such purpose. Whenever requested by the Company, the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or defending such action or pnr_eeding. (b) The Company shall have the right to select counsel of its own choice whenever it is required to defend any action or proceeding, and such counsel shqll have full control of sold defense, (c) Any action taken by the Company for the defense of the Insured or to establish the title as Insured, or both, shall not bbee construed as an admis:tion of liability, and the Company shall not thereby be held to concede liability or waive any provision of this policy. a • SCHEDULE A Amount: "4,900-00 Owner Policy No,: OP Q 3 7 4 2 6 GF or File No.: 22117-21 OA Date of Policy: February 23, 1 c81 Name of Insured: City of Denton, Texas, Municipal Corporation 1. The estate or interest in the land insured by this policy ,•s: lpec simple (fee simple, leasehold, easement, etc.-identify or describe) 2. The land referred to ?n this policy is described as fotlu:ks: All thit cortnin lot, tract or p-creel of lnnd situ,atrd in City xnd County of Denton, Stnte of texnu, and being part of the S.C.lfiram Survey, Abst. No. 616, rand being part of Lot r1o. 1, in Block "A", of SHADY OAKS INDUSTRTAL PARK, an Addition to the City of Denton, Texas, now know as FSPRFSSWAY TNDUSTRTAL Park, ncr_ording tc plat of record in Volume 2, Page 55, Plat Records of Denton County, Texas, Rnd also being part of a tract of land as conveyed from Addison Lea PfluCer, Trustee, to H. Fa:l Underwood, Michael W. James, Gerald W. Tarvin, and Cabriel Milton Daspit, Jr. by special warranty deed dated August 31, 1979, and recorded in Volume 974, Page 191, Deed Records of Denton County, Tex,:s, and Gabriel Milton Pospit, Jr. to George Prock by deed dnted February 14, 1180, and recorded in Volume 1003, Page 703, Deed Records of Denton County, Texas, and more particularly described as follows: BEGINNING at the Southwest corner of said tract, said point of beginning being the intersection of t?:r, east right of way line of Duncan Street and the north boundary line of a private line; TTIENCF North deg. '52' 20" Fast nlong the west boundary line of said tract snm: being the cast right of way line of Duncan Streit n distance of 120 feet to a point for a corner; THENCE South 14 deg. 49' 22" East a diatanr-o of 126.97 feet to a point for a corner in the south boundary lina of said tract, same being the north boundnry line of a private road; THENCE North 85 deg. 44' 20" West along the south boundary line of said tract, enme being the north boundary line of a private road, a distance of 40 foot to the place of beginning, and containing 2,400 square feet of land, more or lose. USUPE Tau Irsurlnes Company of Cities / 1301 Mdn 61., tHlas, Ta.+a 15202 FOAM Twoorx. A(Rey . 1-90)251,011014 SCgEDUIE 8 . Owner Policy No.: 037426 This policy t; subject to the Conditions and Stipulations hereof, the terms and conditions of the leases or easements in- sured, if any, shown in Schedule A, and to the following matters which are additional exceptions from the coverage of this policy: 1, Restrictive covenants affecting the land described or referred to above.None or ReCord, Exoept those in Vole 4070 Page 288, and Volume 493, Page 541, Deed Reoords, Denton County, 2. Any discrepancies, conflicts, or shortage, ir. area or boundary lines, or any encroachments, or any overlapping of im- prov a menl s. 3. Taxcs for the year 19-83nd subsequent years, and subsequent assessments for prior years due to change in land usage orownership. not yet due and payable 4. The following lien(s) and all terms, provisions and conditions of the instrument(s) creating or evidencing said lien(s): 5. Waiver and approval dated November 18, 1974, executed by Acme Realty Co., Tnuc. to Addison Lee Pfluaer, Trustee of record in Volume 727, Page 360, Deed Records of Penton County, Texas, 5. Agreement dr:ted November IP, 1974, executed by Sandy Corporation to Addison Lea Pfluger, Trustee, of record in Volume? 727, Page 755, Deed Records of Denton County, Texas. 7. Any portion of the property herein described which falls within the boundaries of any road or roadway. B. Visible and apparent easements on or across the property. FORM n_vtFrx.sutx.t_ttnaNnon 4. Payment of Loss (a) No claim shall arise or be maintainable under this policy for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company. (b) All payments under this policy, except payments made for costs, attorney fens and expenses, shall reduce the amount »f the insurance pro tanio; and the amount of this policy shall be reduced by any amount the Company may pay under any policy insuring the validity or priority of any lien excepted to herein or any instrument hereafter executed by the Insured which is a charge or lien on the land, and the amount so paid shall be deemed a payment to the Insured under this policy. (c) The Company shall have the option to pay or settle or compromise for or in the name of the Insured any claim insured against by this policy, and such payment or tender of payment, together with all costs, attorney fees and expenses which the i..,mpany is obligated hereunder to pay, shall terminate all liability of the Company hereunder as to such claim. Further, the payment or tender of paymer,tof the full amount of this policy by the Company shall terminate all liabilityof the Company under this policy. (d) Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the Insured, and it shall be subrogated to and be entitled to all rights and remedies of the Insured against any person or property in respect to such claim. The Insured, if requested by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such rights or remedies. 5, Policy Entire Contract Any action, actions or rights of action that the Insured may have, or may bring, against the Company, arising out of the status of the title insured hereunder, must be based on the provisions of this policy, and all notices required to be given the Company, and any statement in writing required to be furnished the Company, shall be addressed to USLIFE Title Insurance Company of Dallas, 1301 Main Street, Dallas, Dallas County, Texas 75202. 6. This policy is not transferable. Cozzgggr'f.700>>>-i_1 (7~1_Q-IQ NnQ~oox~ sv o$0 E: m (D T d C y 7 Vi t_n c O =w p d LT N 0 9 7 p Q fD f79 3 L~ fp~n1 n~ g 'n" 91 7 C 3• d a m 01 d N Z .0,~, F C7 C1 ~i S' is RpO~ N 0 9 '3 -0 o~ 5-C O C & n . y : : : Mae Q "1 9 g a p s o o n Y c o o e° m~ m Q q~ D~ ;r DEN..: WL .M PVT , ~ 4a H ~y~ •.I 1. f GUIIPE 'I i A_ Poli4y Framo ork. \ rowth ' 1981 -i 1 .t J i Y c r , • • DENPON DEVELOPMENT GUIDE A POLICY FRAMEWORK FOR GROWTH • • Prepared For: City Government and Citiron9 of Denton Prepared By. City of Denton Lund Use Planning Committee • DECEMBER, 1980 APPROVED BY THE PLANNING AND ZONING COMMISSION FEBRUARY 4, 1881 • APPROVED BY THE CITY COUNCIL • FEBRUARY 179 1981 s • • • • CITY COUNCIL RICHARD STEWART, MAYOR R. iY STEPHENS, MAYOR PRO-TEM J. W. RIDDLESPERGER • RICI:ARD TALIAFERRO D,11GHT GAILEY JOE 4%LFORD MARK CHEW CHRIS HARTUNO, CITY MANAGER COUNCIL MEMBERS - OCTOBER, 1979 AT STUDY'S INCEPTION • BILL NASH, MAYOR ROLAND VELA RICHARD STEWART BUD HENSLEY RAY STEPHENS • PLANNING AND ZONING COMMISSION ANDY SIDOR, CHAIRPERSON LINNIE MCADAMS ROBERT B. WOODIN • CAROLE BUSBY MARILYN GILCHRIST JACK MILLER ROBERT LAPORTE COMMISSION MEMBERS - OCTOBER, 1979 • AT STUDY'S INCEPTION LINNIE MCADAMS, CHAIRPERSON ROBERT LAPORTE BILL BRADY . CAROLE BUSBY MARILYN GILCHRIST RICHARD TALIAFERRO DON RYAN ANDY SIDOR • t ~ • LAND USE PLANNING COMMITTEE BETTY BAILEY LEAGUE OF WOMEN VOTERS ROBERT 0. BENFIELD TEXAS WOMEN'S UNIVERSITY ADMINISTRATION JIM BLANTON WEST DENTON BILL BRIXIUS NORTHWEST DENTON AUGUST BROWN SOUTH DENTON * JIMMY DALE BROWN CHAMBER REPRESENTATIVE REV. M.R. CHEW, JR. EAST DENTON MIKE CHOCHRAN EAST DENTON JESSE COFFEY DEVELOPER INTEREST BOB CROUCH DEVELOPER INTEREST DOTTY DOWLING DENTON HOUSING AUTHORITY BOARD * HARRY DOWN DEVELOPER INTEREST BA71AN DUBIN SOUTHWEST DENTON * TOM FOUTS DEVELOPER INTEREST MARILYN GILCHRIST PLANNING AND ZONING COMMISSION LARRY HARBERSON CDBG COMMITTEE CHARLES HOPKINS DEVELOPER INTEREST RICHARD E. JOHNSTON SOUTH DENTON GEORGE KRIEGER UTILITY BOARD ROBERT LAFORTE PLANNING AND ZONING COMMISSION ROY LEMASTER NORTHEAST DENTON LARRY LUCE NORTH TEXAS STATE UNIVERSITY ADMINISTRATION JO LUKER CDBG COMMITTEE JANE MALONE PARK BOARD * LINNIE MCADA.MS PLANNING AND ZONING COMMISSION FLOYD D. MCDANIEL NORTHEAST DENTON BONITA MINOR EA67 DENTON JANE MITCHELL RESEARCH AND ECONOMIC DEVELOPMENT BOARD • STEVE PLAYER NORTH TEXAS STATE UNIVERSITY STUDENT BODY GEORGE OLUFSEN SOUTH DENTON MARK RODEN WEST DENTON RON C. RYLANDER DEV ELOPER INTEREST LLOYD SANBORN SOUTHWEST DENTON ANDY SIDOR PLANNING AND ZONING COMMISSION • CHESTER SPARKS COUNTY COMMISSIONER RAY STEPHENS COUNCIL REPRESENTATIVE DICK STEWART COUNCIL REPRESENTATIVE BILL THOMAS SCHOOL DISTRICT BOARD r. GRACIE TUNNELL SOUTHWEST DENTON * B, DWAIN VANCE NORTHWEST DENTON WILL WAGERS WEST DENTON ALVIN WHALEY DEVELOPER INTEREST " CAROL WHEELER-LISTON NORTHEAST DENTON WELDON WILLINGHAM CLIENT COUNCIL, WEST TEXAS LEGAL SERVICES MIKE WORKMAN NORTHWEST DENTON • "LAND USE PLANNING COMMITTEE TEAM CAPTAINS t! • • EX OFFICIO MEMBERS • CHRIS HARTUNG CfTY MANAGER RICK SV EHLA DIRECTOR OF PUBLIC WORKS BOB NELSON DIRECTOR OF UTILITIES JOHN KELLER STATE DEPARTMENT OF HIGHWAY AND PUBLIC TRANSPORTATION A. J, SEELY REPRESENTATIVE. OF SUPERINTENDENT OF SCHOOLS • BRUCE GAINES REPRESENTATIVE OF DENTON HOUSING AUTHORITY STEVE BRINKMAN DIRECTOR OF PARKS AND RECREATION STANLEY THAMES CHAIRMAN DENTON 1180" LAND USE PLANNING COMMISSION PROGRAM STAFF JEFF MEYER DIRECTOR OF PLANNING JOHN LAVRETTA FORMER DIRECTOR OF PLANNING STEVE FANNING COMPREHENSIVE PLANNING ASSOCIATE A VD PROJECT DIRECTOR • RICK BARNES SPECIAL PLANNING ASSOCIATE FOR PROJECT CHARLI' WATKINS DEVELOPMENT REVIEW PLANNER DAVID ELLISON PLANNING ASSISTANT (INTERN) DENISE SPIVEY PLANNING ASSISTANT EMILY COLLINS PROGRAM SECRETARY JACKIE LAMAR PROGRAM SECRETARY • SUSAN IVIG AND DEPARTMENT SENIOR SECRETARY JANET COLE PROGRAM SECRETARY • • , h • • tit • r • TABLE OF CONTENTS THE DENTON DEVELOPMENT GUIDE • PAGE PREFACE-THE EMERGENCE OF THE DEVELOPMENT GUIDE . . . . . . . vi 1. PLAN PURPOSE AND USE . . . . . . . . . . . . . . . . . . . . I II. THE CONCEPT PLAN (LONG RANGE FRAMEWORK FOR GROWTHS 6 III. DEVELOPMENT POLICIES . 15 A. LAND USE INTENSITY AREAS . . . . . . . . . . . . . . . . 16 1. MAJOR ACTIVITY CENTERS . . . . . . . . . . . . . . . 16 2. MODERATE ACTIVITY CENTERS . . . . . . . . . . . . . 20 3. LOW INTENSITY AREAS . . . . . . . . . . . . . . . . 24 • 8. HOUSING . . . . . . . . . . . . . . . . . . . . . . . . 27 C. FARKS, RECREATION AND NATURAL RESOURCES . . . . . . . . 34 D. UTILITIES . . . . . . . . . . . . . . . . . . . . . . . 38 E. TRANSPORTATION . . . . . . . . . . . . . . . . . . . . . 34 F. INDIVIDUALIZED POLICIES . . . . . . . . . . . . . . . . 53 1. BY DEVELOPMENT AREA CHARACTERISTICS . . . . . . . . 50 a. OLDER NeIGHBORHO0D: . . . . . . . . . . . . . . 50 b. EXISTING DEVELOPED AREAS . . . . . , . . . . . . 50 c. HARD TO DEVELOP LOTS . . . . . . . . . . . . . . 50 2. SPECIFIC AREA POLICIES . . . . . . . . . . . . . . . 51 a. NORTH OF OAK STREET . . . . . . . . . . . . . . 51 6. LAND USE BORDERING NTSU AREA . . . . . . . . . . 51 e. NTSU 6 TWU TRANSPORTATION PLANNING . . . . . . . 51 d. HOBSON LANE, TEASLEY . . . . . . . . . . . . . . 52 e. CARROLL BOULEVARD . . . . . . . . . . . . . . . 53 • b. FORT WORTH AND DALLAS OP.] VE . . . . . . . . . . 54 gg. EAST DENTON . . . . . . . . . . . . . . . . 55 h. BELL AVENUE , . . . , . , . . . . 55 0. LAND MANAGEMENT TECHNIQUES . . . . . . . . . . . . . . . 56 tv • TABLE OF CONTENTS • (continued) LIST OF PLATES • PAGE 1. OVERALL CONCEPT PLAN . . . . . . . . . . . 14 2. LAND USE INTENSITY AREAS . . . . . . . . . 26 3. MULTI-FAMILY HOUSING LOCATIONS . . . . . . . . 33 • 4. PARKS, RECREATION ANO NATURAL RESOURCES 37 5. TRANSPORTATION LAND USE INTENSITY BALANCE 45 6. MAJOR THOROUGHFARE PLAN . . . . . . . . . . 46 7. MASS TRANSIT CONCEPT PLAN . . . . . . . . . . 48 VOLUME I - APPENDIX THE EMERGENCE OF THE DEVELOPMENT GUIDE I. Purpose and Use of Plan II. Existing Setting III. The Planning Process IV. Major Issues And Their Alternative Resolution A. Questionnaire/Discussion Workshops • B. Alternative Land Use Designs for the City 0. Evaluation of Alternatives V. Establishment Of A Consensus Framework • VOLUME II - APPENDIX A. An Introduction to the Community Unit Conce2t B. Example of Application of Area Wide Density/Intensity Standard C. Concepts of Detelopment Potential Ratting NOTE: APPENDIX NOT INCLUDED BUT AVAILABLE UPON REQUEST • • v • • PREFACE The Emergence of the Development Guide • INTRODUCTION As Denton entered the 8C's the community was rerliztng an increasing volume of questions concerning the way the a)mmunity is developing and its impact on • the quality of lif e. The City leaders, in response to these questions, instituted a community-based, city-wide plan update. One avenue for this future Denton • study was the "Denton 801s" committee that looked comprehensively at the future of Denton, in such areas as cultural activities, education, health, public facilities, recreation, environmental and beautification issues. Coordinated with that effort, the City Council initiated more specific study on the future • Icn,i questions, by commissioning the Lcnd Use Planning Committee. The task of th3 committea was to produce a D~ivelopment Guide that could be used in day-to-day decision making on auch things as the Capital Improvement Program, Zoning, Subdivisions, etc. • Thr format of the plan, determined by the Planning and Zoning and the City Council as the most useful, was a combination policy plan and fixed design plan. This guide represents the document product of this specific program. • The Planning Process To produce the Development Guide, a 48 member City-wide planning • Committee was established. This committee was composed of residents, policymakers, developers, civic leuders, and public officials, selected to represent a cross-section of persons with specific expertise in community development and persons who are both directly and indirectly concerned with • the future development of the City of Denton. vi • • • Two methods for selecting representatives were used to form the 46 memter committee. Established agencies, organizaitons, and commissions which were already involved in planning or development in the City were invited and asked • to send representatives to participate in the planning workshops. • r ~ . ~ i • ti • The remaining representatives included eighteen citizens-at-large; some seven persons representing development interests-homebutlders, developers, realtors, bankers, and large landowners, and one person to represent other • civic groups not otherwise specifically designated. These representatives were self-selected at an open meeting on December 17, 1979. s vii • • j The Planning Workshops The medium through which the committee worked was the "Planning Workshop"-educational work sessions-which provided a context in which the committee designed and evaluated the issues, the available alternatives and the policies which could encourage the desired development pattern. The first, second, and third workshops were directed to developing a commoi planning language and understanding. Through discussion and workbooks, • furnished to the committee, the committee was familiarized with some planning terms, vocabulary, and theories of City planning as well as some basic development facts about Denton. • • In the fourth and fifth workshops, the members of the Planning Committee • identified the major problems and issues that they fudged most important for Denton. The identified issues served as a basis for work in the sixth workshop, when the alternative development plans were prepared by workshop participants. • viii • • ~I • • The Consensus Plan The consolidation, evaluation and final approval of the consensus plan and policies comprised thi last steps toward the Denton Development Guide. This • was accomplished by first bringing together all of the common elements, presented in the alternative plans prepared by the five planning teams. A study of the alternative plans showed remarkable similarities of basic city • planning foundations of density, major transportation and location of major activity centers. Detailed variations existed, but all plans exhibited similar principles indicating a high degree of consensus among the committees." • • NOTE:"A more detailed comparison of the alternative plans is available in a separate report "Towards a Consensus Plan for Denton", June, 1980. • ix • • In addition, the technical staff conducted an independent evaluation of the • alternatives compared to the finally adopted consensus plan presented '.n the next section. This evaluation was considered both from a technical standpoint and an evaluation of the committees' identified major Issues and goals. A summary of the evaluation is presented in the Volume i Appendix. • Out of these workshops emerged the Overall Concept Plan which is presented in Chapter 11 of this report. • The development of a concept plan was the first major step towards a Development Guide for Denton, Texas. Chapter 111 of the Development Guide Is a more detailed expansion of the policies presented by the Concept Plan. • The following report then represents the total Development Guide for Denton, Texas. • • • • i x • • • • • 1. PLAN PURPOSE AND USE . . • . I. PLAN PURPOSE AND USE A. INTRODUCTION The Denton Development Guide is both a document and a planning process with an emphasis on the day-to-day use of the process. This document is divided into two main sections: The Concept Plan and + Development Policies. The Concept Plan represents the Long Range Framework for Growth. It could be compared to a constitution that sets the base for future day-to-day decision. • The next section presents a set of development policies that as a group support the framework of the Concept Plan. The palicfes are intended to be used as a tool to aid in day-to-day development decisions, particularly for government official,, but also for all segments of the community. The set of policies is • also intended to document and structure public decision-making in order to report what is the official policy of the City. These policies are not intended to answer all questions, nor should they. This purpose is to organize adecision-making foundation for the Guide's major more detailed studies necessary in day-to-day decision making. In other words, the emphasis is in the use of the Guide and not In the document'itself. This use includes dally discussion, debate, refinement, redrafting or re-commitment to the policies in a consensus planning process. Only through this continuous, use can this guide serve its goals of. • 1. A0.9ance to comprehensive decision-making in a consensus planning process. 2. Prodding a check list of major issues for the purpose of insuring that all iswies are considered in decision-making. 3. Encourage coordination, uniformity, and consistency In our community development. • PAGE 1 • • B. THE USE OF THE GUIDE The Planning Process utilized in the preparation of this guide and suggested n its day-to-day use is a citizen based consensus planning process. The extei t • and need for the citizen based consensus planning process in the day-to-do use of this guide is intended to be flexible dependent upor:.- 1. The extent of uncertainty or controversy. •i 2. The time constraint of a pending decision. 3. The technical nature of the Issue as compared to an issue tF-,Jt is primarilya community value Judgment. For example, a question in the use of t're guide that Is only milc:y debated and/or is of on urgent nature should be decided in a quick manner by the responsible decision makers. Highly technical questions could be supported by professional studies with very little, if any, need of consensus planning. • However, an issue that Is highly debatable and has some time flexibility and/or Is primarily a community value judgment should be studied In the context of this guide by a cross-sectional, self-selected citizen based consensus planning process, whether only for study of a small question from this guide or for the • guide's complete revision. In response to the spirit of this planning process, a formalized procedure for the use of the guide was approved by the Planning and Zoning and City Council O prior to the work of the Land Use Committee. This procedure is as follows. O • PACE 2 • • • UPDATE PROCEDURE 1. UPDATE DAILY ALONG WITH RELATED DECISIONS (ZONING, C.P. SUBDIVISIONS, ETC.) • a. Stajf Summary Reports The staff report on all City Council/Planning and Zoning decision items shall clearly relate alternative dtolsions with impact on • appropriate policies in the plan. b. If a decision indicates a corresponding policy change is required In the plan, then: • 1) The staff is required to draft a modified policy change and present It to the next regularly scheduled City Council meeting for action or policy revision. If in case of zoning action, the required policy modification shall accompany the zoning ordinance final action. 2) The City Council will make final review of potential policy change and (ncorpnrate said change in the Land Use Policy Guide. • c. Any Planning arkl Zoning Commission or City Council Member may present a proposed policy change whether or not a pending or recent Land Use decision has been made. The proposed change is forwarded to the Planning and Zoning Commission for their review • and recommendation to the City Council. d. If a proposed policy change is determined by the Ct'y Council to be a relatively controversial decision, and (2) not an urgent decision, then a special mini-neighborhood or Sector consensus planning cross-section type of Study Committee, headed by Planning and Zoning Commis3lon and City Council msmbers, may be commissioned. The Committee study time will be structured to the time constraints of t!;+ decision. The committee will be charged with bringing back a recommendation to the full Planning and Zoning Commission and City Council. PAGE 3 • 2. YEARLY POLICY GUIDE RE-ADOPTION • a. In April the complete policy guide is placed on the Planning and • Zoning Commission Agenda for re-adoption or recommended minor modification. After such study, the Planning and Zoning Commission is required to forward a recomendation to the City Cw mcil at their second meeting in May. • b. The City Council will take the Pla,: irg and Zoning Commission recommendation and reconfirm or modify the policy guide and adopt the guide as a policy document for the upcoming year. •~I 3. GENERAL POLICY FOR MAJOR UPDATE • ` a. This policy guide is to be updated approximately every five years I to ten years. 1) Update dependent upon: a) Population Growth b) Extent of amendments during preceding years (more amendments-more need for general update). 2) Process for update to be decided at the time of update. • • PAGE 4 • • C. CONCLUSIONS The use of this guide in the content of the total community development decision making process should therefore take five steps: • Step 1: A quick reference to the Concept Plan to insure over-all broad consistency with the pending decision. Step 2: Reference the functional area of this guide (i.e. housing, • thoroughfares, etc.) for any appropriate policy. Step 3: Reference specialized policy areas of this guide: *locational • *special conditions such as current capacity of area µ,L,1ic facilities to support the proposed development. Step 4: Reference other related detail plans, technical Information and/or unique individualized characteristics of the issue under study. • Step 5: Assess the public controversy, the technical nature and/or time constraint of the Issue under study and then take appropriate planning/decision moking action. • • • • • PAGE 5 • A • • II. THE CONCEPT PLAN: LONG RANGE FRAMEWORK FOR GROWTH • • • • • e THE CONCEPT PLAN A. INTRODUCTION e The Concept Plan outlines the basic Long Range Framework. From this framework, the Long Range Goals and Objectives emerged. This foundation then forms the basis for the day-to-day development policies which follow in the next section. The intent is to provide a context for decision-making today based on a unified long range context that helps make today's decision solve today's problem, while at the same time, not compounding problems for the future. • The following section describes the Concept Plan's Goals and Objectives. The next section describes the fundamental physical locational policies of the Concept Plan. B B. OVERALL GOALS AND OBJECTIVES The planning process, including the alternative land use designs and the written and verbal responses, culminated into a Concept Plan. This Concept Plan generates the specific goals and objectives. The following summarizes an interpretation and documentation of the goals and objectives indicated by the Concept Plan. • 1. LONG RANGE DEVELOPMEAT CONCEPT GOALS Denton should become a self-sustaining city with a balanced economic base, a choice of various housing styles and a variety of retail, • employment and leisure activities. All of these should be centered around the principle of providing economic opportunities and services of a moderate-sized City while maintaining the small town atmosphere. The goat is to provide our basic needs while minimizing our ecological and • social cost. This can be accomplished by such measures as: e PAC E 7 • • a. Encouraging a Variety of Housing from high density to low density and ranchette, with an emphasis upon moderate to low density. • b. Keeping all Transportation Systems in balance with land use. c. Encouraging Green Belts, Open Space and Agriculture Lands both within and adjacent to our City. • d. Developing Such Concepts as the Community Unit Concept (Communities within o, city, described in more detail in Volume 11 Appendix.) • e. Encouraging Economics and Lifestyles that recogni:;e a sense of productivity and a period of conservation by emphasizing: • 1) Transportation and Land Use systems that are efficient and support a life-line to goods, services, jobs, and food supplies within close proximity to homes. 2) These transportation systems should be energy efficient and • give equal consideration to such modes as foot, bike-scooter, public and individual auto, and provide more housing closer to employment, retail and leisure activities. f. Recognizing Individuals And Families of differing life-styles and needs: "protecting all by providing for all". • g. Minimize Ecological, public health, crime or fire prevention loses by Vzrough, on-going study of these issues by professionals is well as the community as a whole. • h. Provide For On-Going Citizen Education and participation into future decisions. • •I PAGE 8 • • 2 LONG RANGE DEVELOPMENT CONCEPT OBJECTIVES This study was designed to emphasize the physical development factors towards the fulfillment of our general long-range community goats. • However, related social and environmental goals and activities were an integral part of the decision-maktrig process that led toward defining the Long-Range Growth Concept. • In this context, this Development Guide outlines detailed policies that will tend to encourage a steady, moderate growth in a development pattern characterized by high concentrations along the freeway and at tlrree • specific ma/or areas. The policies will also support other ma/or special purpose centers such as the airport t:;dustriol park area. Lesser multi-purpose centers are emphasized in su~i-city e.,aas primarily intended to service these areas. • The policies for the overall growth frame-work will center around basic objectives of. • a. Protection of Existing Development, particularly residential development.. b. Encouraging Development where public facilities capacity is already • available and ecologically sensitive areas are not significantly impacted. c. Providing and bfatntainingan Overall City Balance between: 1) Transportation and Land Use The transportation land use concept map provides the basic policy for this balance inaofca as regional and :oval transit . systems and Individual aut)mobile traffic is concerned. (Integrating pedestrian, bike and/or scooter traffic 's intended by policy but details are beyond the scope of this plan.) PAGE 8 M==M=MWM~ • 2) Population and Utilities • The long-range development concept suggests raising overall city densities only slightly over current levels of 6.2 people per developed acre to average density of 6.5 people per acre. Translated to the 55 square mile study area would • mean a possible physical holding capacity of 175,000 to 225,000 people. This population figure corresponds with current long range utility planning policies and projects. Based on current development trends, the current basic • utility structure would accommodate growth Into the 21st century and provide basic utility facilities for 100,000 people. Any development beyond this figure would assume adequate energy resources and acceptable economic and • ecological a)sts in order to support life styles realized today. • • • PACE 10 • r-- • C. CONCEPT PLAN LOCATIONAL POLICIES 1. HIGHLY CONCENTRATED ACTIVITY CENTERS • The Concept Plan suggests a balance growth for Denton with three major center areas as focal points for a high level of activity. These intensely developed centers, in general, include not only commercial and related • activities but also higher density residential development. The dominant center is the Triangle Mail area with other major centers located at the Loop 28811-35 area to the north and the Airport area to the west. The plan also recognizes the unique aspects of the original downtown area as a • special-purpose, high-intensity emphasis center. Iv 11IGHLY CONCENTRATED INDUSTRIAL DEVELOPMENT • The plan suggests Industrial actNities in large and moderate-sized concentrations, with the majority of the jobs in three industrial areas; the Airport area, the North 1-35/Hwy 77 area, and the Southeast Denton Triangle Mall area (generally north to Morse Road, bounded by Woodrow on the West and Mayhil111-35 on the east.) • 8. MODERATE-SIZE SUB-CENTERS In adaitlon to the highly concentrated major activity centers, the plan suggested a system of med(Lm and small nodes of commercial and related activity along the freeway and at oglected intersections of projected now major thoroughfares. However, this development would use site planning, • buffer zones nf open spaces, etc. to avoid creation of unsightly and inefficient strip-type commercial. • PAGE 11 • • 4. PREDOMINANTLY LOW DENSITY RESIDENTIAL DEVELOPMENT The plan indicates predominantly low density residential development in the city as a whole. • b. HIGH DENSITY RESIDENTIAL DEVELOPMENT Higher intensity residential uses, represented by high and medium density • development, were distributed in a number of locations with a major emphasis to limit excessive concentrntion in any one place, except for the major activity centers. The Flan Indicates that conceni^ation of high density housing should be • encouraged in the major activity center areas in order to lessen transportation congestion, conserve energy and offer diverse life styiss for Denton residents. The plan shows the more limited moderately sized • aacentrations of units generally related to the freeways, greenbelts, major thoroughfares, major and moderate activity centers, or as huffers to higher intensity land use. To avoid creation of additional "concrete cities", site piaruiing, limited use of concrete parking areas, provision of open • spaces, small and moderate parks, and buffering with greenbelts is encouraged with all moderate or high-density housing. 6. TRANSPORTATION • The plan indicates development patterns related to a transportation system with the automobile as a dominate form of movement, generally in relation to the current freeway and major thoroughfare plan. However, the plan • recognizes an increasing role for mass transit and strongly encourages a local system as a priority item. As the concentrations of development approach the plan's holding capacity, local and mass transit will be required to serve the plan's land use pattern. • • PACE 12 • • Mso through citizen questions and Input, the committee recognizes the need for other modes of transportaticn to be integrated into an over-all multi-mode transportation plan for the entire city. Ways to provide for pedestrian, bike and scooter traffic now and In the future must be studied • and provided for, if the Concept Plan is to realize Its goals. 7. DRAINAGE AND OPEN SPACE PRESERVATION • The plan preserves a majority of the floodigafn areas and floodwnys as open space, maintaining the natural creek channel for drainage purposes. The plan further suggests a general theme to encourage open space as an element of all urban design decisions. • 8. AGRICULTURAL LAND PRESERVATION Th1 committee recognized the need to preserve and encourage use of • agricultural lands both within and near to the City of Denton. Further study of ways these lands may be preserved, incentives for their use to produce agricultisrat products essential to feeding and clothing the residents of Denton cmd how preservation of such land might alter or • impart upon the final plan of this committee is needed. The following Concept Plan map represents a graphic presentation of the precerting locational framework. The next section presents a more detailed • set of policies designed to help guide community development towards the goals of this Concept Plan, • • • PACE 13 ~~r II Limits of major urban developmental l 111 ~ • 1. Y.- l ~ . _ -j- ..1 t \ J Vi, i. L 'n J ll % / L s t s .31 v 1 l` r7 I~_ , t Reen ti Reside ff 11 7 e~~ , al • Lam: ~k'9 L rl,., Yiil J 00 • ` ,II~iiii, I • W` / r Plate 1 OVERALL CONCEPT PLAN ® High Intensity Area(Commercpi emphasis ❑ Low Intensity Area(oiver,ity encouraged L bvt diversity encouraged) but medium or large concentration, discouraged) i~ High Intensity Area (Employm.nr emphasis ~ Flood Plain-Open Space (Limi,.d wban but &,ersity encouraged) dewlapmeni, major pedestrian way,) . r Moderate Intensity Area (Dive pity Agriculture &/or Extremely Low encouraged but limited so moderote concentrations) Density PACE 14 • • • • III. DEVELOPMENT POLICIES e • • • • s • • III. DEVELOPMENT POLICIES A. LAND USE INTENSITY AREAS • 1. MAJOR ACTIVITY CENTERS a. The Purpose of Designating Major Activity Areas • Is to provide a policy commitment to a general location in order to insure: 1) Adequate public infra-structure of sewer, water, and • transportation facilities to support these centers. Without such a plan, public funds can be in?ffectively utilized; for example, community streets, sewer itnes, etc., in areas of town not supportive of the City's desire for growth. The • Concept Plan suggests balanced growth between all quandrants of the City and for growth to be in balance with existing thfra-structure capacity. 2) Make a commitment to the business obmmunity that activittes in these areas will be supporter! by City Government while making a commitment to other residents that their neighborhoods and local streets and facilities will not be • disrupted by on unplanned major activity center in their neighborhood. b. Commercial and Emptoyment Emphasis The consensus showed by the land use altErnatives indicates the major activity centers to be in the following areas: • • PACE 16 • • 1) 1-35E; Hwy 77; Noah Loop 288 area. 2) Golden Triangle Mall area to Mayhill Road. 3) Airport and 1-35 area. d) Original Downtown. The plan indicates a consensus that the original downtown should be • continued as a moderate-to-major center, but pos<,ibly in a different or unique category with emphasis on governmental, banking, and specialized retail type urban center. Therefore, it is also given a major activity center designation in order to establish policy • emphasis for this purpose. c. Diversity and Nigh Density Residential • It is the policy of this plan that land use diversity, including high density housing, be encouraged in these areas to not only be a buffer to lower intensity, adjacent areas but also provide transportation balance and energy conservation by having housing in close • proximity to fobs and services." d. Specific Center Charactertsics • 1) Triangle Mali Area: Dominant Commerical Center It is the intent of this plan that the Triangle Mall area have a slightly higher commercial emphasis in addition to encouraging a • substantial employment balance. As a guideline and indication of scale, this area is intended to serve at maximum development 600 acres of commercial and industrial uses representing over 11,000 fobs. • "NOTE: All policies are contingent on existing available Infra-structure and specific • site design considerations. See Individualized Policies Section. • PAQE 17 • • 2) 1-35 and North Loop 288: Balanced Center This center emphasizes more of a balance between commerc(N • and industrial uses. As a guideline for maximum development, this area is intended to provide over 300 acres of commercial and industrial development representing over 5,000 jobs in the area. • 3) Airport Area: Dominant Employment Center Predominantly industrial land of approximately 1,400 acres will • result in a capacity of over 18,000 jobs in the area. 4) Original Downtown • This plan recognizes the unique aspects of the original downtown area as a special purpose high-intensity center for the City. This guide suggests a continuing policy for support of the downtown area. As part of a program initiated by a Downtown Lard • Owners Association, the City would support moderate, public action and expenditures in an effort to upgrade and preserve the area. Incentives and policies for encouraging realization of previous plans would be encouraged. Innovative programs should • be explored; such as emphasis upon pedestrian traffic, use of golf cart-like "trains" within the downtown area, while developing perimeter parking and local public transportation collection points. • • PAGE 18 • e. Low Density Neighborhood Protection • It Is the policy of this plan that development ore the fringe of these high activity centers, adjacent to low density residential areas, should be protected by such measures as Intensity • gradation (buff ering), strict site design requirements, transportation, land use balance, etc. Further, traffic planning should Insure that no local residential streets are utilized for general circulation to the centers. Development of the • community unit concept with its neighborhood or village council will further ensure neighborhood protection. • • • • • • PAOF 10 • • • 2. MODERATE AMVITY CENTERS a. Purpose and Intent • The purpose of identifying moderate centers of activity parallels many of the purposes discussed earlier for large centers, tike balanced city wide growth. However, in considering the criteria for i• current opacity and future design capacities for transportation and utilities, the main consideration is not just for adequate capacity to accommodate existing and future development demands. This policy for moderate-size centers includes an intent to limit infra-structure • to the anned limited moderate size centers. This policy helps insure the long-range land use balance indicated by the concept plan. b. Location • The general locations of these centers are shown on the map on page 26. • c. Size/Intensity Most of these centers should serve four neighborhoods (one potential community unit) of from 5,000 to 15,000 people. The size of these • centers should then be 30 acres to 250 acres. These centers can take on many mixes of land use. A proto-type mix that encourages diversity and the community unit concept would see a center towards the higher end of the acreage range whereas a specialized • center, say commercial, would need to be towards the small size. For a example, very diversified center at full development would be: • • PAGE 20 • • 30 Acres of Service Industry; 20 Acres of Commercial; 150 Acres of Public Lands (large parks, schools, government buildings, etc.); • 50 Acres of Higher Density Housing/Apartments. The above center would then be the focal point of four low density neighborhoods. These neighborhoods would be made up of single-family, • patio houses, duplex and limited townhouse/apartment, all Interspersed with open space greenways, pedestrian and bicycle ways. This land use concept would serve well the physical elements needed to implement the community unit concept that is discussed In Volume 11 Appendix. • Most centers, tf not as diversified, would be towards the smaller scale of 30 to 50 acres for primarily commercial center. • Key factors for judging a proposed development for this size and intensity are: 1) Compare first to existing infra-structure capacity size/intensity • as the current development is always limited to existing capacity. 2) Compare the development to the ultimate capacity (See Section on Land Use/Transportatton Balance) of the center unit or other • defined study area. Note, a proposed development should rot utilize the total area intensity capacity unless the total area capacity policy Is increased. • • PACE 21 • • • 3) Give size bonu.9 for diversity, i.e. (housing, commercial, office, public facilities, open space), and conversely limit size for specialized development, i.e. all commercial. It is recommended • by this policy that all such judgments be made on proposed development that will be realized within five years. If such development plans are not realized within five years, the area would then be subject to reconsideration (back-zoning) to a • smaller size (specialized center size.) d. Diversity • It is the policy to strongly encourage diversity in the moderate size center in order to encourage: Intensity Gradation (buffering); • Energy Conservatfon; Transportation Balance (Eliminate trips across town for day-to-day needs); A sense of "my part of town" (a community unit concept); • Jobs Close to Housing. The above mentioned policy (C-3) Is one Incentive to create a more diverse center. This policy suggests the size of the center can be • increased if the land uses are diverse. However, It is the policy to grant such bonuses to actual developments and not guarantee them for future contingent phases. (Reference Policy C-3 Preceding.) e. High Density Housing The plan indicates some high density housing In connection with the major centers under the following limitations.- * Used for Buffering; *Used f or Diversity (see above); • PAGE 22 • • *Access to Major Thoroughfares Required; *Limit Concentration in One Place (500 to 11000 r zits); *Good site design standards to protect adjacent single- family areas (large setbacks, landscaped front yards, screening • fences, traffic to major streets only, etc.). f. Low Density Neighborhood Housing Protection It is the policy of this plan that high intensity t'evelopment on the • fringe and/or adjacent (within one block) o,' existing tow density residential yeas should be protected by such measures as intensity gradation (buffering), strict site design control, (setbacks, parking, landscaping, etc.), Insure transportation land use balance (see policy • in transportation section). Further, traffic planning should Insure that no local residential streets are utilized for general circulation to the high intensity developments. • g. Strip Commercial 11 Overall Policy Intent It is the intent by encouraging centers of activities that the plan O discourage strip commercial. Designated corridors (although a form of strip commercial) will be encouraged to create grouping of activity centers down the corridor (nodes). This will be done by such means as: • *Mmited Curb Cuts; *Requtr(ng Planned Development Zoning of Multi-Oamership to Provide Joint Site Designs (Le. parking set-backs, etc.); • *Encouraging Diversity Down the Corridor (commercial :..)*s broken up by high density housing, off ices, etc.}; *dtveourage unsightly and hazardous strip commercial by rsquiring sign restrictions, buffering by greenbelts and/or • landscaping to site designs. • PAGE 23 • • 3. LOW INTffy AREAS a. Purpose and Intent • All areas not designated high or moderate intensity areas are considered low intensity areas. The primary purpose of these areas is to Insure the overall area land use transportation balance by controlling the overall density and Intensity (75 trips/day/gross • acre). Further, these areas represent our primary housing areas. Thus, these areas should emphasize residential use whereas the other Intensity areas might emphasize commercial or employment areas. • b. Location The general location of these areas Is shown on the map on page 26. • c. Size/lntensity These areas are planned to correspond to on overall gross density • policy of 4.7 un(ts/acre and overall intensity policy measured at 75 trips per day per gross acre. (See Appendix Volume 11 for application of these policies.) • d. Diversity/Neighborhood Protection Diversified land use encouraged, but concentration discouraged, excspt for low density residential, small scattered sites of apartments (Usually less than 200 units, but no more than 500 units-see Housing Section), neighborhood commercial, off(ce, etc., permitted as long as: • • PACE 94 • 1) Strict site plain control within one block of existing low density • residential areas (development should maintain character of area, aw•,-Aitectural, landscaping, etc.). 2) Traffic planning insures access by collector street or larger and • not through local low density streets. 3) The overall density/intensity standard not violated. (See Appendix Volume U), • 4) Suffic,ent green space, recreational facilities and diversity of parks are provided. • 5) Input into planning by neighborhood or village councils is provided. e. Strip Commercial • Any form of continous strip commercial is strongly discouraged tn/or backing up to low intensity areas. • • • • PACE 25 • ,r 'tlst.. % tv -J" )L6 ti 0 `n fill ` N,,~ r If k)odpwn 77 r w~ ay i •a i ..F~ N'd 10 • / Plate 2 ® High Intensify Areas - LAND USE INTENSIT A AS Moderate Intensity Areas i_ Ellaw Intensity Areas e j PAGE-26 I • • B. HOUSING The purpose of the following housing policies is to encourage housing types that respond to the differing economic and individual lifestyles of Denton's • citizens, protect existing and future neighborhood integrity and insure that our over-all city-wide density policy is preserved. • 1. HOUSING DIVERSITY It is the policy of this plan that housing diversity be strongly encouraged in Denton as a whole, The policy of housl- 7 diversity Is closely related to housing size and housing density; therefaa, the following specific policies • in those areas should also be referenced. In striving for the goal of housing diversity, the plan recommends that In fudging development decisions, we: a. Work towards differing housing types in such quantities city-wide • and sector-wide that correspond to Denton citizens' financial constraints and desires f or differing lifestyles. b. Diversified housing should be available in all sectors of the city, • which also suggests that one housing type should not be concentrated in only one sector of the city. This policy will tend to promote balanced diversity growth which provides benefits of balanced land %ulues, better utilization of infra-structure, more • energy efficiency, reduces traffic congestion and provides more of a sense of community in differing areas of the town. c. Diversified housing patterns should be well planned to insure that • all neighborhood integrity is maintained. Examples of a few such planning policies are. • • PAOE 27 • • *No one type of housing overly concentrated in one area; *Good site design transition between housing types and density; buffers (greenbelts, housing intensity gradation, etc.); *Transportation design where higher 6oisity can be served • without flowing through lower density transportation facilities. Provisions f or: *Multi-modes of transportation integrated within and between neighborhoods and activity centers. • *Codes should be expanded where necessary and strongly enforced if already on the books to insure quality of smaller sire housing. Z HIGHER DENSITY HOUSING • a. Apartments: Geographic Distribution It is the overall policy of this plan that apartments be dispersed • throughout the City with limited areas of high concentration in any one area (See the map on page 33 map.). b. Moderate Intensity Centers (See Policies on Page 22.) • c. Low Intensity Areas Individualized sites or small areas throughout the City would be • permitted only if it meets certain, limited conditions. Typical limitations would be: • • PAGE 28 • • • 1) To have major strect access (the intent is to limit access through low density housing areas). • 2) Desirable to have access to pedestrian, bike-scooter and public transportation. 3) To have strict site design review for all projects within one block • of existing single family dwellings. (The intent is to protect existing housing as a priority policy by good transition, screening, open space, landscaped front yards in character with neighborhood, etc.). • 4) To have access or be located adjacent to fioodplains and/or greenbelts or large open space is desirable. (The intent is for higher density to provide more of their recreation demand and • also this will help keep the density low for jhe overall area.). 5) Not to exceed overall neighborhood density and intensity standard (4.7 gross units per acre on average density and 75 • trlW day/acre on average intensity). 6) To be sure that existing street and other public facilities have adequate, safe capacity for all modes of transportation. • 7) Apartment locations that buffer other higher intensity uses are desirable. • 8) Apartment units are not to be concentrated in one area. A guideline for this policy is under 500 units with most under 200 units in any one continuous duster of apartments. • PA08 29 • • S. APARTMENTS, RECREATION FACILTTIES AND SITE PLANNING Since multi-family densities put a greater strain on community recreation areas than do single family areas, and in many cases, create some recreation and open space needs not typical of single family, the Intent of • this policy is to encourage apartment complexes to provide a defined amount of usable open and community garden as well as recreation equipment and other space such as swimming pools, playgrounds, parks, etc. In addition, site plan review tends to insure neighborhood protection. • Therefore, it is the policy of this guide to require Planned Development Ordinance control for larger complexes. Since the policy could be prohibitive to small apartment complexes, It is not suggested that it be applied In such cases. 4. HOUSING AND NEIGHBORHOOD PRESERVATION The intent of these policies as well as numerous other policies throughout this guide are intended to preserve our neighborhoods, the backbone of our community. This goal is reinforced by the current unstable economic conditions and dwindling resources which make such things as rising housing and energy costs a paramount federal, state, and local Issue. Therefore, the preservation of our existing housing stock becomes a priority and a major intent of these policies. The specific policies in support of these issues are: • a. Modify codes to encourage remodeling of housing and re-development of neighborhoods by providing bonus in regulation, taxes, and codes (See more related policies in General Land Use • Management Policies Section.). b. The following general policies are suggested for all current neighborhoods, but particularly older neighborhoods: • PAGE 30 • 1) Code enforcement will have a priority for older neighborhoods, • 2) Neighborhood committees, especially multi-neighborhood councils (community unit) will be encouraged to Interface with planning and zoning, parks and recreation or other pertinent boards as well as city departments and the City • Council. c. In review of zoning, subdivision, city budget Capital Improvement Program Planning and other similar decision points priority will be ! given to older existing neighborhoods to insure and put the neighborhood and public on notice that zoning stability will be maintained, subdivisions and housing redevelopment will be encouragd and public funds will have a priority to these areas over • newly expanding areas, 5. SPOT APARTMENTS IN OLDER NEIGHBORHOODS • Some older neighborhoods have been opened up to apartment develop- ment and there are some unique parcels that are unrealistic for further single family development. If it Is de.ernifned that single family preservation Is not totally preferable for the neighborhood (see above policy) and higher density housing Is to be allowed, then, it is the policy of this guide that existing single family still will have a priority for preservation. Therefore, the intent of the following policies are for that goal. • a. Neighborhoods that already have a moderate amount (usually more than 2 complexeVNock) of the current type of apartments would be allowed to continue without any new ma/or restrictions. However, neighborhoods should provide input prior to decision on this point. • PAGE 31 • b. Neighborhoods that have only a very limited amount of spot A apartment development {usually two or less complexes per block) shoud have strict site design standards such as: 1) Landscaped front yard, setbacks equivalent In site and • character to the adjacent single family. 2) No parking in front of the complex. • 3) Limited concentration on any one block (two per block as maximum guideline). 4) Side and rear yard solid screening f ences. • c. Neighborhoods should be encouraged to develop plans for their sectors which take into account the needs of the entire city. This can best be done by forming multt-neighborhood associations. (i.e. • Community Unit Volume H Appendix) and (See Citizen Input Section). • • • • PAGE 32 • r • I - i ...••••••r some,,, . ` 9.0 1 f f\ • Z t vw \ ~ ~ ~ ' • 1 0. J 17 ILL t. 'IF 1 q ~ p~ • x*T " , f xrr~b ° • 1 qtr,. • V~ ti ••"*y 9a 1 / Plate 3 High Concentration. w•r 1OWwur MULTI FAMILY HOUSING Moderate Concentration- LOCATIONS ® 500 XmuM" El Smil Wrvidualized Site: ~J under ' PAG 3 i • • C. PARKS, AND NATURAL RESOURCES The purpose of this section is to outline basic city-wide policies. Like all other areas of this guide, these park policies are intended to present only the basic policies which can be used to guide the more detailed master park planning by the Park Board of the City. • 1. PARKS AND RECREATION a. Park Master Plan 1) Purpose and Intent It is the policy of this guide that parks and recreation facilities be provided in accordance with the currently adopted Master • Park Plan (1974 Plan Reference Map on page 37) and as modified for conformance to the development guide. 2) Park Planning Policy • Make ample use of the Hickory Creek Floodplain *Use as Natural Areas; *Use for Community Park Location; *Provlde Public Golf Course. In considering park planning priorities, the Land Use Planning • Committee racommends the following areas of emphasis in types of parks and open space: • • PAGE 34 • TYPES OF PARKS AND OPEN SPACE • Percent of Emphasis Category 11% District Parks (up to 100 acres) golf course, camping areas, large picnic areas, etc. • 38% Community Parks (up to 40 acres), ball fields, tennis courts, picnic areas, community centers, etc. 30% Neighborhood Parks (5 to 10 acres) 15% Public natural open space (varying sizes) 06% Private natural open space (public acquisition of scenic easements, agricultural zoning, etc.) 100% Total amount of resource effort • TYPES OF PARK FACILITIES Percent of Emphasis 11% Community Center 11% Ball Fields 03% Racket ball/Exerc(so Facilities • 08% Tennis Courts 11% Picnic Areas 16% Playgrounds for children • 11% Bikeways/Pedestrian Trails 07% Environmental Corridors 03% Equestrian/Hiking Trails 3.5% Golf Course .S% Acquisition of Scenic Easements 03% Boulevard and Special Flower-Planning Areas 10% Natural Open Space Areas 03% Improved Maintenace of Our Existing Facilities 100% Total Amount of Resource Effort • PAOF 36 • • 2. NATURAL RESOURCES a. Major Floodplains/Open Space Corridors • Major floodplains are part of a natural drainage system. It is the intent of this policy guide that only limited portions of the floodplan be utilized for urban development, and the floodplains should basically be maintained as natural drainage ways and open space • corridors. Such drainage techniques as levees, cutoff channels and detention ponds should be encouraged over extensive fill and major channelization. • b. Agricultural Lands Prime agricultural lands dose by the urban centers may be an Increasing necessity In the face of the currently worsening energy shortage. In addition, agricultural lands in close proximity and as par, of our urban setting are needed to maintain our small-town western heritage. Therefore, the following policies are recommended • 1) Major prime agricultural lands in our study area should be encouraged to remain in such use. Some ways to accomplish this are: • a. Encourage our legislators to change the tax laws such that strong economic gain can be realized by maintaining one's land in agricultural use. b. Consider the location of such land in infra- structure and community facility planning. 2) Vest Pocket Farms Encourage private and public small, one lot or bigger, gardenlfarming throughout the City. PACE 38 i\\ ~ fi Jj 4k \ 1 i r.rrrrr•r,~ Ir.uNrr ••r. r• . 1 1 0 / • ~ F,~ Ir - ~C-I~f~. 1 E qty J~..___.- - - t -lit i 10 t 1 • - a • it I I t ~ I - ' \ - } f •r w ; Plate 4 PARKS, RECREATION, Pt NATURAL RESOURCES / Existing Parks Proposed Parks ~ ~ Flood Plain/Open Space NovNwhood Q Ndph6whood • rw ~Comm•dfy Communifir ❑ Prime Agricultural Land -P4GE 37 • • D. UTILITIES(SEWER,WATER,ELECTRICITY,AND SOLID WASTE) The purpose of this section is to outline development policies that can be used • as a guide for the more detailed master utility planning (which is beyond the scope of this report). • 1. CURRENT PLANNING 0-10 Year Planning - In review of current development proposals, capacity should be available to accommodate the current proposed development and also provide enough reserve for additional development on the vacant land • in the immediate study area. Such minimum reserve allocation density is three units per acre and/or area zoning density, • 2 MIDRANGE PLANNING 10-20 Year Planning - Planning for our twenty year planning should accommodate growth of 100,000 people and provide a balanced infra-structure sytem to serve the density locations as presented in this development guide. 8. LONG RANGE PLANNING • Long Range Utility Planning should recognize the Concept Plan's density Policy in order that the next generation does not have to bear the cost of correcting under-planned facilities. In addition, long range utility planning • should also be based upon a thorough study of both economic needs for continued growth and the ecological impact of expanding current basic utilities capacity. The citizenry should be educated concerning the results of such studies prior to a decision to increase capacity of basic utility r facilities. • PAGE 38 • • E. TRANSPORTATION • 1. PURPOSE AND INTENT The transportation system is the binding force that ties the land use pattern together. Conflicts arise when the land use intensity and distribution does not match the transportation system. The ma/or purpose of a long range land use transportation plan is to insure that today's incremental decisions not only respond to today's needs but also contribute towards the long range Land Use/Transportatton plan for the city. For • example, if we feet high intensity development is desirable at a particular location in the distant future, we would not want to cut off a rnafor transportation route today that will be needed in the future for that area. It is the intent of this guide that Denton's transportation system should • react to the community's plan and not have transportation be reactive to unplanned growth. Therefore, the following transportation policies are structured in a two-tiered policy to accomplish this goal. a. Tomorrow's Need: The Plan "Long Range high intensity areas provided with transportation lifelines. b. Today's Needs: • "Capacity Today; 'lndtvidualtzed site design and transportation needs; "Today's decisions supportive of Long Range Plan. • • PAGE 99 • 2 TRANSPORTATION PLAN CONCEPT This plan suggests a land use policy that is a modif led corridor concept. That is, major intensity land use in three major nodes • generally following the Interstate 35 corridor. The overall basic transportation policy is to continue the emphasis of improving transportation capacity in this corridor as a continuing priority for the city. This includes auto, . bike, scooter, pedestrian, and local and regional mass transit, & MAJOR THOROUGHFARE LONG RANGE PLAN The thoroughfare long-range an is shown on the ma on • AI p page 46 . This plan represents the long-range framework for today's incremental decisions that are discussed in the next section. • The major street plan shows a road network for: a. Major Arterial (Primary) These steels transverse the city usually are streets with 80 to W feet right-of-ways and a landscaped boulevard and parkway are desirble, if economically feasible, including maintenance cost. • b. Major Arterial (Secondary) These streets connect major sections of town and usually have a • right-of-way of 80 to 80 feet. • PACE 40 • • • c. Collector Streets These are not shown on the following major steet map but are specified in a separate map that is updated yearly by the Planning and Zoning and modified as needed by subdivision review of detailed site design. Collector street design should Include consideration for all modes of individual transportation. These detailed collector street planning are subject to the • following policy criteria: I) At least one collector street per area between arterials to collect neighborhood traffic to the major arterials. • 2) Collector street (or larger) required for higher intensity land uses such as apartments, industrial areas, and commercial areas. • 3) As Intensity Increases, the number of collectors required increases. • Collector streets should not be n1lowed to be incrementally linked-up until a major arterial is created. This procedure (s the same as setting policy to change land use intensity. If such a land use intensity change is desirable, this plan should first be • changed to so Indicate the activity center prior to designating a new arterial on the thoroughfare plan. • • • PACE 41 • •i 4. CURRENT THOROUGHFARE PLANNING POLICIES a. Street Capacity • It is the policy of this guide that all new developments be required to provide adequate current street capacity serving their development's immediate area and adequate current capacity of the nearest major artery serving the development. Capacity criteria for • this policy is defined as follows: Full street capacity is engineeringly defined as the level of service at the current traffic volume at the intersection of University Drive and Carroll Boulevard. The Carroll/ University capacity is to be portionally adjusted to lesser • street standards. Exceptions to this policy would be if the City has the opportunity to get a major industry in an area of town where the streets are reaching capacity. In this case, the City will consider mitigation • measures such as public expenditures for additional streets or mass transit or a determination to allow the increased traffic congestions. b. Land Use Intensity/Transportation Balance • I) Purpose and Intent The second determinate of Land Use/Transportation capacity is • the overall area Intensity balance. The Long Range Concept Plan is based on a transportation land use Intensity balance based on the following criteria as shown on the accompanying map on page 45 entitled "Transportation Land Use Balance". This • balance is based on a trip generation factor allocated to all • • PAGE 42 II • acreage within the City, divided between high, medium and low intensity areas. High intensity areas have no maximum limits. Guidelines for medium intensity areas are 250 trips per day, per gross acre. Low intensity area guidelines are 75 trips per day • per acre. 2) Application of the Policy" • The policy is applied as follows: a. Determing Intensity: • t. In a major center area, no long range calculations are applied, however, short term capacity calculation as defined in the preceding policy would be required. U. In a moderate center area, the following procedure would be followed: • -I- Calculate the aproximata area in acreage from the concept plan map and adjust for extent of diversity. -2- Calculate the total area trips per day standard • (total acreage X 250 tr(ps/day=total area standard). -3- Estimate existing land use in acreage and calculate trips generated. • I 'Volume 11 Appendix provides a more detail of the methodology. • ?ACE 43 • -4- Estimate vacant land in area and calculate minimum reserve allocated (minimum developent right). The Reserve allocation is 40% of standard or 100 trips1day X vacant land zoned for higher use than MF-I. (And 30 trips per day for lesser toning.) -5- Estimate unallocated transportation capacity of area by: Total trips per day capacity (Step 2). Minus - Total trips per day used (Step 3) • Minus - Total trips per day reserve (Step 4) Equal - Unallocated trips capacity. -B- Calculate trip generation of proposed development and compare results with Step S. If less than the • balance (Step 5), then proposed development is within Long Range transportation policy guideline. If more than the balance, the next levels of policy options are: (1) to reduce development scale; (2) • increase the center activity eating to a major center area: (3) back zone vacant higher use land; (4) differ consideration of back toning until actual development exceeds 250 trtps/d.3y standard; (5) reduce minimum development right standard; (6) raise moderate center standard. tti. If a major development is proposed in a low intensity area, the same procedure, would be followed except intensity standards would be: " Total area standard is 75 trips per day per gross • acres. (Step 2) * Minimum reserved allocated for all lands is 30 trips per day per gross acres. (Corresponds to m(ntmum development right of 3.0 units per acre.) (Also reference housing section; for related overall • neighborhood density policy (See that section for example calculation.) • • PACE 44 M I I ~ j ~ 1 - ~Ya~ t ~i • t. 2 Oi: ~ _ /may • 4" V /BUJ 1tt~ •.I''M V ` ~ ~~r.e~1 00 0 Jf ~ ~ ~ : It \ \ t a 008 \•g ail • Plate 5 TRANSPORTATION/ ® Very Little Control of Intensity e LAND USE INTENSITY BALANCE Moderate t~ 75v*hAky/bc 250,~d.b • Significant 1 250 At PAN- 11' I I 1 L / N . -21 • f ~9 • ' 1\` L%\~\ } Q _ .ter'' low a 00 - r l a L J j`\ _ • t 1. C l ~p.~~ . ~ ~ • • I .',I 14 • i I ~ ` ' ; r .'rte ~ ~ ~ ~ : 14, Rvnn 1 00 COO" j i Plate 6 MAJOR THOROUGHFARE PLAN Major Arterial(PRIAAARY) Transverses City, A so b lames, Wto 120'right of way Major Arterial (sKONDARY) Cann•ab major soviors of Ifia City, 3 to A lamas, 66b 90'raw Ciollector(Mol SHOWN)Cofl•ch MRi hbo hood haffk b arterials, 56 so 10',, w Existing Grade Separation V Pruposed(NEw tM RFew(T)Grade Separation NOTE S For 1 fL 2 we me 51 PAGE 46 • • b. MASS TRANSIT This plan by policy recognizes an increasingly important need for mass transit. Any large concentrations of development will, at some time, • require mass transit if the land use transportation balance is to be maintained. However, our problem is not totally long range. Today our energy problems become more critical by the day. Therefore, the overall policy of this guide is to start today on localized mass transit and to lay a • long range plan for inter-regional mass transit networks for the future. The graphic concept plan for this is presented in the map on the following page. • • • • • - • PAGE 47 L --J t i ' t t CJ I t • F oil , 1,Jill 1,111111,1 , so. q ti I 00 i I/ { t C t i I ~ • )Oft rt r`4 le, _ > \ 42 i IN . 01 %s % el .0 9 OPP • Plate 7 MASS TRANSIT CONCEPT PLAN _ TRANSIT LINE r' O Major Local Stops ~ Regional Mass Transit Line • Regional Transit Stops Vor park and ride , n u u n, Local Mass Transit Line r - PACE 48 1 f~ • 6. PEDESTRIAN AND BICYCLE Since we spend more time in the walking transportation mode than any • other, it is the intent of this policy that planning for this need be an increasing priority in our transportation planning. Specifically, the following is recommended • a. Long Range Plan There should be a city-wide or at least sector-wide pedestrian and b(cycle-scooter transportation plan developed. • b. Today's Need Regardless of the above genera'. plan, we should concentrate on the • following in our current planning. 1) Require sidewalks and bike-scooter paths on collector streets in all new subdivisions and starting a city program for all • older subdivisions. 2) Consider changing development ordinances to require pedestrian and bike-scooter ways in all large commercial parking lots. 3) Encourage all commercial centers to have at least one safe access that is totally pedestrian. • 4) As part of the implementation of the above Long Range Plan, consider limiting parking on one side of designated streets for bicycle/scooter ways. For equity, this land would be rotated • to the other side every few years. • PAGE 40 • F, INDIVIDUALIZED POLICIES 1. BY DEVELOPMENT AREA CHARACTERISTIC a. Older neighborhoods An underlying policy of this guide is the increased protection of order neighborhoods. Many interrelated policies speak to this objective, • particularly a specific section on housing, should be referenced. Also, the Community Unit Concept in Volume 11 Appendix with the development of neighborhood and village councils should be noted. • b. Existing Neighborhoods and Developed Areas As a policy of this guide, areas already developed have priority in terms of: • * zoning and sub-division protection * C1P, C.D.B.C. and other infra-structured and community facilities project planning. • Specific poiicy in terms of protection of existing single family housing is found on numerous pages throughout this Guide. • c. Left out Lots or Hard to Develop Lots It is the Intent of this guide to be flexible to unique situations such as left out lots. However, neither this guide, nor the City, • guarantees development of all lands in the City to the highest use desired by the owner, but it does pledge to work with individualized situations keeping in mind baste guide constraints of: • PAOB 50 • 1) Protecting existing adjacent housing areas, particularly older • housing. 2) Maintaining the overall neighborhood density/intensity st andards. • One solution to such lots is for neighborhood associations to j explore apparent ways to secure temporarily and/or acquire use of these lots for meeting neighborhood and village recreational, • park, greerVopen space and agricultural needs. 2. SPECIFIC AREA POLICIES • a. Future Apartment Zoning North of Oak Street Limited conditions allow new zoning in neighborhoods for medium density housing only and in all cases require strict site design • requirements. (Also see related policies in housing section under spot apartment zoning and overall neighborhood density/tntensity.) Protection of existing adjacent housing and overall area density/intensity should be carefuly considered before permitting • additional medium density housing. b. Land Use Bordering the N.T.S.U. Campus • The N.T.S.U. master plan indicates its north boundary to be on West Hickory and its east boundary on Bernard. On the perimeter of these boundaries, there is great pressure for some university related commercial and apartment uses. These land use pressures have been • allowed to develop to areas that were previously developed for single family use. It is the policy of this guide to allow continuation of this type of development but only under detail site plan review requirements which should include neighborhood input. • • PAGE 51 • • c. N.T.S.U. and T.W.U. Transportation Planning The L.U.P,C. wants to point out that N.T.S.U. and T.W.U. each have • campus master plans involving among other things, detailed traffic planning in and around their respective campuses. These detailed plans are beyond the scope of this guide, except in regard to the total campus master plans as they may impact on city-wide development concepts of this guide. These aspects were considered by the L.U.P.C. as a whole, and the university representatives specifically, who insured they were in accord. • It is specifically noted that the Long Range Major Thoroughf(rve Plan does not show on arterial thoroughfare through either campus, but indicates major arterials on the perimeter of the main campus cores. • Traffic to the N.T,S.U, campus between areas north and south of the campus will primarily be carried via Bonnie Brae and Carroll, but it is recognized another intermediate north/south connection, probably • in the Avenue E corridor, needs to be considered in the future, as the N.T.S.U. campus plan is completed. d. Hobson Lane, Teasley and West of 1-35E Area • It is the policy of this guide that the neighborhood density/intensity standard be closely monitored especially in conjunction with commerical and concentrated high density pressures coming from the 1-35E corridor. This plan does recognize Umited commercial type developments adjacent to 1-35E, but sTircifies commercial use circulation be self-contained and not routed through the interior neighborhoods as this is a potential problem due to the one • • Pk7E 52 • way service roads. Also, the Teasley and Hobson Lane area is not to • have either a major or moderate activity center, but only low intensity (predominately single family, very limited neighborhood services, small isolated apartments/ townhouses, etc.) • e. Carroll Boulevard 1) Strip Commercial Policy • Carroll Boulevard is intended to be a major nort?Vsouth thoroughway and maintaining thoroughway traffic flow is of high priority; therefore, strip commercial of Carroll is strongly discouraged. However, selected nodes such as the immediate • downtown area would be permitted. Other sections of Carroll could support duplexes and small scale multi-family and office under very limited conditions: • "site design to protect adjacent single family requiring such things as screening fences, large setbacks, landscaped front yards, sign control, etc. *Ate design to insure good off-street circulation and parking and • very limited curb cuts in order to minimize traffic disruption on Carroll. "(nput from adjacent neighborhoods prior to a decision. 2) North Carroll Boulevard Extension • It is the policy recommendation of this plan that Carroll Avenue be maintained and improved as one of the major north/south thoroughfares across the City. Part of this policy is to continue • the 1974 thoroughfare plan policy that North Carroll should eventually tie into Highway 77 in W most traffic efficient route that is economically and environmentally feasible. It is • PAGE 53 0 • I • recognized that determining the final detail alignment of this connection involves many complicated factors of traffic engineering, economic cost, and neighborhood-environmental protection. Therefore, it is further recommended that prior to such • connection, a more detailed professional impact study be conducted to analyze the alternative means and impacts of connection to Highway 77. f. Fort Worth Drive and Dallas Drive-Heavy Commercial Strips It is a policy recommendation that increased public activity is needed to promote the improving of truf fic flow and upgrading of • the appearances of business along these heavy commercial strips. Examples of some actions: 1) Encourage a Fort Worth Drive and a Dallas Drive Business • Association to develop overall plan f or: *signs, *outside storage; • *building refurnishing; *off-street parking. 2) Based on such mutually developed plans, public action such as: *modify codes to accommodate unique, individualized or group proposals; *utilize public funds to upgrade and beautify infra- structure; *increase code enforcement to order to protect invest- ment of public and private owners in upgrading effort. • • PAGE 5I • g. East Denton This close-in older neighborhood offers many advantages for residential developmenmt. This fact is recognized by the recent past and continuing concentrated public expenditures in the area from C.I.P. and C.D.B.G. funds. In light of this commitment, specific policies are emphasized for the area: 1) The policy to protect older neighborhoods is given special emphasis in this area. 2) Industrial development adjacent to this neighborhood to the south and east is to be monitored closely. Among other • things, industrial development will be limited to the area east of Woodrow Lane. h. Bell Avenue, University to Sherman it is the policy recommendation of this plan that Bell Avenue be maintained and improved as one of the major north/south thoroughfares across the City. Part of this policy includes the • eventual need to improve Bell Avenue between University Drive and Sherman Drive in the most traffic-efficient route that is economically and environmentally feasible. It is recognized that determining the final detail alignment and width of this connection • involves many complicated factors of traffic engineering, economic cost, and neighborhood-environmental protection. Therefore, it is further recommended that prior to such connection, a more detailed professional impact study be conducted to analyze the alternative • means and impacts of such improvements. • PACE SS • • • G. LAND MANAGEMENT POLICIES • 1. DEVELOPME19T OPPORTUNITY AREAS a. Purpose and Intent It is the purpose of these policies to encourage development in areas of favorable natural features and where existing streets, utilities, schools, etc., have existing unused capacity. Conversely, in areas where there are intrusions of ecologically sensitive areas or where ma/or • Infra-structure expenditures are required, it is the intent of this policy to encourage development in these areas only when deficiencies are corrected and to limit public funds in these corective measures. By this • policy, it is the goal that public funding of infra-structure be more efficiently used by the utilization of existing facilities first before extensive funding on new facilities. In addition, it is intended to strongly consider mitigation measures before development in ecologically sensitive areas. Since this concept is somewhat new and • since implementation may require extensive detail ordinance review, this guide does not suggest a specific implementation policy but does recommend its consideration in continuing studies and works of the Planning and Zoning, City Council and other future study committees. • Some discussion guidelines for this concept are presented in Volume II Appendix. • • • PACE 56 • • 2 HOUSING COST AND CITY REGULATIONS Current trends in development standards have increasingl,l added requirements to encourage higher quality housing but In so doing have • raised the cost of housing by distributing these costs to the developer and in turn new homeowners. The conclusion of this guide suggests Denton's current quality and cost • distribution is just about right, but could possibly be loosened a little so long as it does not get to extensive. The major objective is for moderate housing growth. • Selective assistance should be provided in certain areas to encourage a limited amount of additional moderate income housing. Some examples are: • I) Reduce standards that are purely for aesthetics, etc., but not any that will cause future increases in maintenance cost. One example is to allow, in limited areas, streets without curb and • gutter, where drainage is no problem. 2) Allowing more flexibility in house sitting on lot, by requiring only a maximum percent converage and front yard requirement • and fire separat(on. 3) Provide more flexible lot width and depth requirements as long as the minimum lot area is maintained. • • PACE 5? • • 4) Explma housing development concepts used in other counties or in other parts of our country such as row or semi-detached houses sharing a large recreational and green space. • a OONSERVAnON a. Energy • Energy conservation in land use planning is a basic policy of this guide. Many policies such as balanced growth of activity centers, housing diversity, housing close to employment and retail services, • multi-modal transportation, etc., all in part were recommended because of energy consideration. In addition, other specific detail implementation methods should be developed. The following are two examples: • 1) All housing, building, zoning codes, and other pertinent ordinances should be reviewed and revised to be more congruent with energy conservation and efficiency. • 2) Masses of concrete in parking lots, etc., cause energy safety, and aesthetic problems. Ordinances should be developed which will reduce these problems in all future • developments. b. Natural Resources • Promoting conservation of all our natural resources should also be a part of planning for the future of Denton. Policies should be developed which will encourage such conservation, especially of water, electricity, and natural gas. • • PAGE 68 • c. Agricultural Lands, Open Spaces, and Greenbelts • i To maintain a balanced, healthy community that is self-sustaining, the conservation of our agricultural land, open spaces, and greenbelts is important. Tax incentive, coordination and • cooperation with other governmental units, and involvement of the private sector are all essential to accomplish this goal. Studies to better understand the needs of a city in each of these areas and the cost-benefit ratios are needed. Also, establishment of cooperative relationships In the governing bodies of the county, state, and nearby communities should begin as soon as possible so that future growth avoids major conflicts and • provides for balance between economic, public, health, basic life support, and eco-system needs of the entire area, Specifically, joint policies are needed to provide agricultural land, greenbelts, etc., all around Denton and neighboring towns in order to preclude • a solid urban strip from Waco on the South, to Oidahoma City on the North. • 4. URBAN DFMGN Many policies of this guide promote an increase of and awareness of better urban design as a policy for Denton. The Inclusion of this policy section is intended to specifically emphasize and consolidate this • concept as a policy and also specifically recommend zoning, subdivision and other city ordiances be changed towards a unified urban design for the City. Particular concerns are stgnage, screening outside storage, architectural, landscaping, scenic views, green spaces, historical preservation, and other similar urban design concepts. • PACE 59 F OEM • 5. CITIZEN INPUT INTO LAND USE DECB3IONS • The Planning and Zoning Commission, City Council, Land Use Planning Committee, and citizens who responded to the Concept Plan emphasized the need for a means of providing on-going neighborhood improvement as well as Input of all citizens into decisions made by the various city departments, boards, or the City Council as a whole, especially as regards land use issues. Also, the update procedure of this guide recognizes there are future questions which remain unanswered or Issues which need additional study to provide a framework for responsible land use decisions (for example, a more 0 detailed multi-mode Integrated transportation plan.) Those procedures emphasize citizen input by self-selected crow-sectional type committees. One intent of this type of committee is to strongly encourage such committee representatives to be not only representative of their part of the City but also work on problems of all parts of the City and not just on one specialized Interest. In addition to such future formal city-wide study committees, it is also 0 recognized that continuing local neighborhood self-help associations are important for the continued maintenance of viable neighborhoods. However, individual neighborhood problems are many times Intertwined with adjacent neighborhoods and city as a whole. Therefore, the community unit concept (Volume II Appendix) suggests as one of its basic ingredients the need to bind together diverse sections of the community to share in common facilities and mutul . problems. As a step towards such concepts and at the same time address immediate local neighborhood needs, the following proces? Is presented for neighborhood groups consideration- 0 PAGE 60 J • a. Neighborhoods define themselves and establish neighborhood • associations; b. Neighhoods duster themselves into communities or viilages and establish a council made up of representatives of the • neighborhood groups. On a continuing basis, these councils could address such things as: Protection and maintenance of individual and community • property; 2) Crime and fire prevention; 3) Assess needs for and plan for basic life-support services within or adjacent to each neighborhood or community • unit (i.e. food, health, facilities schools, child care centers, housing diversity and density, etc.); 4) Assess needs for recreational, open space, agricultural, and park facilities; • S) Cooperative methods of conserving energy such as garden or food co-ops, car or van pooling, talent pods, etc.; B) Multi-mode transportation needs and facilities. • (This is not an exhaustive list of the functions of these groups.) These neighborhood or, community groups would serve a need for • local area self-improvement as well as provide a means for ensuring dialogue between neighborhoods or community units with city decision making and in addition, provide a vehicle to tvpresentative selection to future city cross-sectional study • committees. • PACE 81 • s A. PUBLIC EDUCATION • Because the committee supports the basic philosophy adopted by the City Council in calling for this study, i.e., study of the issues and input by informed citizens into land use decisions is important, it is recommended that support for continued study and education of the • public is reflected in budget and policy decisions by the City Council. The issues relating to informed land use decision making are complex. The costs and benefit of different decisions are not always easily identified. Therefore, staff time and supportive resources are needed to gather the data necessary to make decisions congruent with the basic goals of this study. Also, education of the citizenry is important so that decsions they make on public issues are informed decisions, with • knowledge of their long range impact on the life-styles they have become accustomed to or desire to attain. This continuing public education effort should be coordinated by one • responsible entity such as the City, but should also take advantage of local educational resources and work through such groups as the Chamber of Commerce, and League of Women Voters, neighborhood or village councils, and local media. • • • • PACE 62 STATEMENTS AND AUDITORS' REPORT CITY OF DENTON, TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT SEPTEMBER 30, 1682 i Alexander Brant 1 COMPANY ~r i~ STATEMENTS AND .AUDI'TORS' REPORT CITY OF DENTOlls TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT September 30, 1982 C O N T E N T S Page AUDITORS' REPORT 3 STATEMENT OF SOURCE AND STATUS OF FUNDS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG No. B-79-DS-48-0014) for the period October 1, 1979 through September 30, 1932 4 STATEMENT OF PROGRAM COSTS COMMUNITY DEVELOPMENT BLOCK GRANT (COBG No. B-79-DS-48-0014) for the period October 1, 1979 through September 30, 1982 S NOTES TO STATEMENT OF SOURCE AND STATUS OF FUNDS AND STATEMENT OF PROGRAM COSTS 6 Alexander Grant 6 COMPANY MEMBER FIRM CERTIFIED PUBLIC ACCOUNTANTS GRANT THORNTON INTERNATIONAL Honorable Mayor and Members of the City Council City of Denton, Texas We have examined the statements of source and status of funds and statements of program costs of the City of Denton, Texas, for the period October 1, 1979 through September 30, 1982 applicable to program year 1979 (CDBG No. B-79-DS-48-0014). Our examination was made in accordance with generally accepted auditing standards and provisions of the Department of Housing and Urban Development's Audit Guide and Standards for Community Development Block Grant Recipients~ and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. In our opinion, the aforementioned financial statements present fairly the status of funds of the City of Denton, Texas as of September 300 1982 under the Community Development Block Grant program and the source of funds and program costs for the period October 1, 1979 through September 30, 1982 applicable to program year 1979 (CDBG No. B-79-DS-48-0014), in conformity with generally accepted accounting principles, the grant agreements, and Federal Management Circular (FMC) 74-40 applied on a consistent basis. This report is intended solely for filing with the U. S. Department of Housing and Urban Development and is not intended for any other purpose. We are duly licensed as certified public accountants under the laws of the State of Texas. Dallas, Texas December 15, 1982 i I 1600 ONE DALLAS CENTRE DALLAS, TX 75201 (214) 748-0100 City of Denton, Texas Community Development Block Grant Funds Program Year 1979; CDBG No. B-79-DS-48-0014 STATEMENT OF SOURCE AND STATUS OF FUNDS For the period October 1, 1979 through September 30, 1982 Grant amount Total program year 1979 funds allocated to the City of Denton $749,350 Less total program year 1979 funds drawn down by the City of Denton 749,350 Funds still available from HUD program year 1979 adjusted resources $ Total program year 1979 funds received $749,350 Program income applicable to program year 1979 Loan repayments 20,477 Less funds applied to program period 10/1/79 - 9/30/80 costs $391,200 10/1/80 - 9/30/81 costs 327,486 10/1/81 - 9/30/82 costs 20,664 739,350 Program expenses applicable to program year 1979 20,477 759,827 Total program year 1979 funds due the City of Denton $ Total program year 1979 funds available for disposition $ 10,000 The accompanying notes are an integral part of this statement. 4 City of Denton, Texas Community Development Block Grant Funds Program Year 1979; CDBG No. B-79-DS-48-0014 STATEMENT OF PROGRAM COSTS For the period October 1, 1979 through September 30, 1982 Authorized Program activity and costs Total Questioned related projects (Note B) expenditures costs Code enforcement $ 26,707 $ 32,747 $ - Housing rehabilitation 258,318 258,468 - Demolition program 16,000 26,689 - Grant administration 38,975 72,541 - Planning 20,000 36,526 - Intersection Paisley & Audra 100,000 94,234 - Utility improvements 262,350 224,453 - Paisley Street sidewalks 27,000 14,169 - $749,350 $759,827 $ - The accompanying notes are an integral part of this statement. 5 City of Denton, Texas NOTES TO STATEMENT OF SOURCE AND STATUS OF FUNDS AND STATEMENT OF PROGRAM COSTS September 30, 1982, 1981, 1980 and 1979 NOTE A - BACKGROUND These statements present the grant activity of the Community Development Block Grant Funds allocated to the City of Denton, Texas, by the U.S. Department of Housing and Urban Development (HUD) under grant No. B-79-DS-48-0014 for the period October 1, 1979 through September 30, 1982. The City also receives other funds from other sources which are not included in these statements. NOTE B - SUMMARY OF ACCOUNTING POLICIES The accounting policies of the City conform to generally accepted accounting principles applicable to governmental units. The accrual basis of accounting is used by the Community Development Block Grant Funds. Expenditures are recognized when incurred for program operations. Indirect costs of the City were not charged to the Community Development Block Grant programs. 6 I q ! 3q REPORT ON INTERNAL ACCOUNTING CONTROL AND CLIENT ADVISORY COMMENTS CITY OF DENTON, TEXAS SEPTEMBER 90, 1082 1 4r ,'y 4 + ~ Y 1 AIBX8fM1@f' Brant 1, • • REPORT ON INTERNAL ACCOUNTING CONTROL • AND CLIENT ADVISORY COMMENTS CITY OF DENTON, TEXAS • September 30, 1982 • Alexander Gran 8 COMPANY MEMBER FIRM • CERTIFIED PUBLIC ACCOUNTANTS GRANT THORNTON INTERNATIONAL • Honorable Mayor and City Council City of Denton, Texas • We have examined the combined financial statements of the City of Denton, Texas for the year ended September 30, 1982 and have issued our report thereon dated December 15, 1982. As part of our examination, we made a study and evaluation of the City's system of internal accounting control to the extent we considered necessary to • evaluate the system as required by generally accepted auditing standards. The purpose of our study and evaluation was to determine the nature, timing, and extent of the auditing procedures necessary for expressing an opinion on the City's combined financial statements. Our study and evaluation was more limited than would be necessary to express an opinion on the system of internal accounting control taken as a whole. We have also made a study of the financial and management reporting that should be made available to the City Council. The management of the City of Denton, Texas is responsible for establishing and maintaining a system of internal accounting control. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of control procedures. The objectives of a system are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any system of internal accounting control, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the system to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the degree of compliance with the procedures may deteriorate. s • 1800 ONE DALLAS CENTRE DALLAS, TX 75201 Q14} 718-0100 Our study and evaluation was made for the limited purpose described in the first paragraph and would not necessarily disclose all material weaknesses in the system. Accordingly, we do not express an opinion on the system of internal accounting control of the City of Denton, Texas taken as a whole. However, our study and evaluation disclosed no condition that we believe to be a material weakness. The comments and observations which came to our attention during our studies are separated into three sections as follows: PART I - summarizes comments on internal control and financial management. f PART II - summarizes weaknesses in EDP systems controls and recommendations thereon. PART III - summarizes suggested financial and management reporting for use by the City • Council. This report is intended solely for the use of the Honorable Mayor and City Council, City of Denton and should not be used for any other purpose. ! A gypt/ Dallas, Texas ,la•~R~ ~V December 15, 1982 • • • • PART I MANAGEMENT COMMENTS • • • • • • • • Observation Possible Consequences Utility Receivables Many customers utility accounts are Customers may continue to delay : delinquent and collection of these payments as they perceive no accounts are not actively pursured eetriment from such action. The by the City. City's cash flow could be adverse: affected and potential interest income may he lost. Certain departments within the Interim reporting of departmental City are not paying their utility operations may be distorted. bills on a timely basis. • The collection agency used by the Deterioration of the aging of City does not appear to by very accounts receivable resulting in successful in collecting delinquent possible increase in losses dui ! accounts. The City does not main- uncollectible accounts. Possible tain records of accounts collected loss of control over delinquent by the agency and has not turned accounts. • delinquent accounts over to the agency for several months. Cash Collections • Cash collections are not deposited Loss of potential interest income in the bank and invested until one day after the cash is received. The cashiers currently do not have time to close cash drawers early enough to deposit and invest the money the • day it is received. Financial Statement Review Inproper posting of entries and Distortion of interim reports. • deficit fund balances are often not Inability to discover operating discovered until the year-end audit. deficiencies and employ measures The present accounting staff does to resolve them. not have sufficient time to review the accounting records on a timely basis. 1 5 s ~r Recommendations Expected Results Establish a collections department Increased interest income through responsible for monitoring and enhanced cash flow. Change in collecting delinquent accounts. attitude of customers whereby y prompt payment of utility bills becomes more of a priority. EstaoliFn and strictly enforce a more meaningful interim reports. policy whereby user departments Comparisons of departmental actual operations are directly charged and budgeted revenues and expen- for services as they are billed. ditures will be more realistic. Evaluate effectiveness of collection Increased awareness of the status agency through maintaining records of delinquent accounts. Possible of accounts submitted to the agency savings if the City discontinued and the results thereof. Consider use of the agency and relied benefit of having the collections entirely on their collections department be solely responsible for department. this service. Evaluate the cost/benefit relation- Increased interest income. ship of either hiring an additional cashier or reassigning current employees to facilitate depositing and investing cash receipts on a more timely basis. Evaluate the benefits of hiring one More realistic and meaningful additional staff member to review interim reports. More timely financial reports on a timely basis discovery of 'operating and perform a general overview of deficiencies. the accounting department. Observation Possible Consequences _ • Inter,+al Control Certa.'.n checks over $1,000 did not Increased possibility of erroneous have the required manual signatures. checks being negotiated. • Only Wo individuals are authorized to sign such checks. "Supporting purchase orders, Possible use of city funds for goo receiving reports, and invoices or services not necessary for City ' were lacking in regards to the functions. purchase of certain services and prepayments. Paid invoices were found in the Possibility of duplicate payment unpaid invoice file. exists. • *Vehicle repairs were performed Possible unauthorized repairs bein without departmental approval. made. • Adequate support for payment of Unauthorized payment of incentive police and firemen's incentive pay pay. was not always included in personnel files. • *Numerical sequence of bills of Unauthorized use of Cil.y inventory material is not accounted for. *Numerical sequence of traffic Ticketing officers could collect t tickets is not accounted for. fine frr,m the ticketed party and n • remit such fine to the City. • " Observation noted in prior year management letter. 6 Recommendations Expected Results Frank Varella, assistant finance Increased control over the use of director, should be authorize to City funds and awareness of C}.ty sign checks over $1,000. officials as to the nature of such disbursements. s Strictly enforce the policy Increased control over requiring support and auttorization unauthorized or erroneous use of for all purchases. City funds. Establish a policy whereby the Decreased chance of double unpaid invoice file is reviewed payment. periodically and any invoices remaining unpaid after a certain length of time be promptly investigated. Enforce the current policy of Decreased possibility of requiring departmental approval for unauthorized use of City services vehicle repairs. Consider possible and supplies. penalties for disregard of this policy. Periodically review personnel files Decrease the pos..siblity of of incentive pay recipients and unauthorized payment of investigate any case where support incentive pay. is lacking. Account for all bills of materials Greater control over the use of issued. Investigate any missing City inventory. items promptly. e Account for all traffic tickets Decreased possiblity of t issued to all police. Promptly unauthorized collection and investigate any missing items. retainage of traffic violation fines. • Onservation _ J Possible Consequences • Information supporting compliance Possible loss of Federal Revenue with Federal Revenue Sharing Sharing funds due to noncomplian regulations was not complete. with regulations. • *Updated W-4 forms were not always Incorrect withholding of federal included in an emplo;ae's personnel taxes from employee's paychecks, files. • v • ♦ • Observation noted in prior year management letter. • 7 AMMIIIIMIIIIMMM Recommendations Expected Resilts The content of the Federal Revenues Greater assurance of the City's Sharing file should be periodically future eligibility for Federal reviewed and compared with the Revenue Sharing funds. requirements set forth in the regulations. One file should be kept for each year the City uses such funds. Require all employees to submit a Greater assurance that remittances new W-4 form annually. to the federal government for income taxes are adequate. Avoidance of possible conflict with employee had withholdings been deficient. x • In addition to the aforementioned observations, our examination revealed substantial improvements in the City of ♦ Denton's system of internal control. Many of the weaknesses and observations noted in prior years have been corrected. The addition of an assistant finance director and other accounting staff members appear to have resulted in increased efficiency and organization within the accounting department. We recommend that the accounting department be commended for their diligence during the past year. • • • • • • • • • 8 • • • PART II EDP SYSTEMS AND CONTROL • • ♦ ♦ • ♦ 9 • • The following paragraphs summarize our obse.vations regarding weaknesses and our related recommendations to correct the • problem. It should be noted that the weaknesses listed below are o___n__l__yy the major problem areas. Several other minor weaknesses were ~~tified and have already been communicated to management in memorandum form. • Program Change Controls Weakness Changes made to the RPG-converted programs are not adequately recorded in regard 'co the substance and effect of the change. Recommendation A log should be maintained for all changes to the program and should include the followings • - Statement of application changes. (Substantiated by vendor documents for packaged systems) - Programs and data files affected. - Output reports ~,nd terminal screens affected. • - A listing of "tefore" and "after" program code changes. - An indication o.1 the City of Denton executive authorizing the installation of the change(s). Changes to the computer's operating system, compilers, utilities, and proprietary software packages should also be logged and periodically reviewed. Physical Security Weakness Although physical security surrounding the computer facility has increased since the prior year's examination, certain actions are not currently being taken that would further increase such security. Recommendation We recommend that the following measures be taken to enhance the physical security of the computer facilitys - The interior back door to the computer room should be kept locked when not in use. This is currently the policy, but has not been strictly enforced. 10 • A lock should be installed so that it is possible to lock ♦ the door between Personnel and Data Processing from the DP side as well as from the Personnel side of the door. The door should be kept locked when the DP area is unattended. The physical layout should be rearranged so that Energy Conservation personnel do not have access to the Data Processing area during off-hours. Evaluate the feasibility of installing a U.P.S. (Uninterrupted Power Supply) to monitor and protect the hardware against power "brown-outs" (or below power conditions). Terminal Network Weakness At midnight, when the on-line network is brought back "up" the user files are accessible to respective terminals. Recommendation Investigate the feasibility of installing key lock deuces on each terminal or in other ways eliminating access to :he terminals during normal non-business working hours. 1 master list of terminal keyholders should be created and maintained. If a key is lost, misplaced, or stolen, that particular terminal lock should be changed. Weakness Passwords are not always changed when employees resign or are terminated, i.e. their passwords are sometimes assigned to a new employee. Recommendation User passwords should be changed on a periodic basis to increese security. A formal procedure should be instituted for all systems to remove a user's password immediately when that individual leaves the employ of the Ci:y. C Disaster Recovery Plan Weakness No formal disaster recovery plan currently exists. ~ 1] • Recommendation ♦ A written contin(lency plan should be developed identifying individual responsibilities, as well as levels of computer service to be provided during the disaster. This plan should be physically tested on a periodic basis. The need for such a plan becomes critical as the dependance on on-line systems increase. • • 12 • • • PART III MANAGEMENT REPORTING TO THE CITY COUNCIL • • • • • 13 • • Over the past few years management reported results of operations of the city to the council in a variety of ways. Some have been Err too detailed while others have lack sufficient detail. Our recommendations for Management and Financial Reporting are grouped into the following four major categories: o Revenue Reporting by Revenue Source • o Expenditure Reporting for each Department or Function o Expenditure Reporting for each Program or Project o Performance Measurement and Reporting for each • Department or Function The following paragraphs discuss in some detail each of the above recommendations. It should be noted that the newly installed financial reporting computer software generally has the capability to provide the type of reporting being recommended. a Revenue Reporting by Pevenue Source In order to prepare the annual budget, management must identify the various sources of potential revenue and further estimate the amount of money t'nat will some from each source. This estimate should be broken down into monthly increments. That is, the Forecast should identify the amount of revenue to be collected from each source for each month of the year. This level of punning will facilitate cash management as well as possibly influence the timing of certain expenditures. We recommend that management prepare a brief report, each month, for the council, snowing the amount of revenue actually collected compared to the Forecast by Broad revenue category within each major Fund. This report should only be 2 or 3 pages in length and would highlight any problems or potential problem areas requiring attention. An example of the format that this report could take is shown as Exhibit A. Expenditure Reporting for Each Department or Function The expenditures made by the City of Denton can be grouped or categorized several different ways. One way which lends itself to management control is by fixing specific responsibility for certain expenditures to specific individuals. A logical grouping therefore is by department or function as definod by the City's Organizational Chart. • he recommend that management propose a brief report (perhaps 15 pages) which would summarize expenditures for a department or function ies public works. The report would show major categories of expenditures for Inach fund that the departme, • 14 r spent monies from. Exhibit B is an example of how this report could be formatted. The report should show not only actual. expenditures ♦ but also the Budgeted amount for the current month as well as year-to-date. We further recommend that the annual budget for expenditures be broken down into a detailed amount for each month of the year. • Expenditure Reporting by Program or Project Another way of categorizing expenditures for the City is by program or project. It is this fashion that the public frequently perceives the services provided by the city government. This method also frequently crosses department and functional boundaries. That • is, to implement a new program or to undertake a particular project, various departments may well contribute resources or provide services. It is theref)re important for management as well as thc• council to monitor the total costs of individual programs or projects. • We recommend management establish a plan and timetable for implementing a program or project accounting and reporting system. Correspondingly, after these procedures are in place management should prepare a brief monthly summary report for each program or project to give to the council. This report could take the same format as that shown on Exhibit S. By preparing this type of • report, management and the council can now look at total, city-wire expenditures by program or project in addition to the more common or routine method, i.e. by department or function. Performance Measurement and Reporting for each Department or Function Simply looking at the dollars being expended by a Department does not always reflect the degree to which original or current objectives are being met. it does not, foc example, reflect the level of service or quality of service. These factors should also be of interest to both management and the council. One technique used to evaluate these factors can be the establishment of several key performance measures for each department or :unction. If meaningful measures are established and then reported on regularly, management and the council can begin to properly evaluate service levels as well as the quality of various services. • We recommend that management establish a plan and timetable for implementing a performance measurement system. tie recognize that such an undertaking will take some time. In the interim, in order to establish some service level evaluation capability, management may also wish to develop a limited, manual system until the complete system can be designed and implemented. • 0 15 City of SUMMARY REVE For the period e • Current Month Revenue Source _ Forcast Actual • General Fund i - Major Category 1 xxx xxx - Major Category 2 W(x xxx - Major Category 3 xKx xxx etc. - Fund Total xxx xxx Electric Fund • - Major Category 1 xxx xxx - Major Category 2 xxx xxx - Major Category 3 xxx xxx etc. . Fund Total xxx xxx Etc. • GRAND TOTAL ALL FUNDS xxxx xxxx • • 16 EXHIBIT A entcn UE REPORT idinq MM-DD-YY Year-To-Date Par ance Forecast Actual Variance xxx xxx xxx xxx xxx xxx xxx rxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx 1 xxxx xxxx xxxx xxxx • City of DEPARTMENTAL EX For the period s Current Month Public Works Department Forcast Actual • General Fund Civil Defense xxx xxx Airport xxx xxx Public Works Department xxx xxx Public Works Miscellaneous xxx xxx Street Patching xxx xxx Street Sweeping/Drainage xxx xxx Street Construction xxx xxx Engineering xxx xxx Inspection xxx xxx Traffic Control xxx xxx • Street Lighting xxx xxx Administration xxx xxx Animal Control xxx xxx Total xxx xxx • Other Funds Etc. • DEPARTMENT GRAND TOTAL xxxx xxxx • 17 EXHIBIT B Denton ENDITURE REPORT nding MM-DD-YY Year-To-Date ar~ance Forecast Actual Variance xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxx xxxx xxxx xxxx xxxx albruary X981 STANDARD FORM OF AGREEMENT STATE OF TEXAS COUNTY OF _ Centon THIS AGREEMENT, made and entered into this 4th day of February A.D., 19 81_j by and between City of Denton. Texas of the County of Denton and State of Texas, acting through John J. Marshall, C.P.M. Purchasing Agent thereunto duly authorized so to do, Party of the First'Part, herein- Lewis D. Dickerson, Individually AND after termed OWNER, and _,Dickerson Construction Co., Inc., P.O. Box 191 tale~h~nQ number 2I4-382-2123 of the City of Celina County of Collin and State of Texas Party of 'Ch: Second Part, herein- after termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part ~OWt1ER) , and under the conditions expressed in bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), herebv agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: City of'Denton Bid #8845-1 McKinney Street Sanitary Sewer 5 Water improvements _._Th.p,.C t of Denton Utility Department herein •titled the ENGINEER, each of which has been COT, L ~CTOt2 and the ENGINEER, together with the iCONTRACTOR'S SF-1 r written ProposAJ, the General Conditions of the Agreement, and the ,Performance and Payment and Maintenance Bonds hereto attached; .111 Of which are made a part hereof and collectively evidence and gonstitute the entire contract. The CONTRACTOR hereby agrees to commence work within fifteen (15) days after tha date written notice to do so shall have been given to him, and to substantially complete the same within working days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. Lewis D. Dickerson, Individually and City of Denton, TX Dickerson Construction Co. Forty of the First Part Party of the Second Part 0 Inc. ~(OW ) (CONT ACTO B~' l>T llt~.fric-G'f Lewis D. Dic erson, President Attest' /k^ Attest: i ---~(a Levris D. Dickerson, Lxlividually SF-2 . PERFORMANCE BOND STATE OF TEXAS COUNTY OF Harris KNOW ALL MEN BY THESE PRESENTS; That Dickerson Construction Co.$ Inc. AND Lewis D. Dickerson, Individually _of the City of Celina County of Collin . , and State of Texas , as principal, and Fidelity and Deposit Cempany .authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The Cit, of Denton, Texas in the penal sum of Sixty Thousand, four hundred seventy and 50AOO Dollars ($60,470.50 ) for he payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the 4th of February 81 d a y 19 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PB-1 ' 1 1 PROVIDED, HOWEVER, that this bor_d is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas ?s amended by the acts of the 56th Legislature, Regular Session, ]359, and all liabilities on this bond shall be determined in accoirdance with the provisions of said Article to the same extent as if, it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to tha work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 4th day of February 19 81 Dickerson Construction Co., Inc. AND Lewis D. Dickerson, Individually Fidelity and Deposit Canpany CI By: - SURETY s D. ck®r President / By By ~i~ , A d4 •Zf Title Lewis D. Dickerson, Individually Title Attorney-in-Fact Address: P.C. Box 181 Address: 1404 1st City Natl Bk Bldg - Celina, Texas 75009 HOUSLGrI, Texis 77002 The name and address of the Resident Agent of Surety is: Texas-Fore Associates, Inc. 7404 Firat city N~~inn^^~ s~ + BuildlnaLl7ouston, Texas 77002 PB-2 e PAYMENT BOND STATE OF TEXAS COUNTY OF Harris KNOW ALL MEN BY THESE PRESENTS: That Dickerson Construction Cr Inc. AND Lewis D. Dickerson, Individually of the City of Celina County of Collin and the State of Texas as Principal, and Fidelity and Deposit Conpany authorized under the laws of the State of Texas co act as Surety on bonds for principals, are held and firmly bound unto the City of Denton, Texas, in the penal sum of - Sixty Thousand four hundred seventy and 50/100 Dollars f$ 60,470.50 1 for the payment whereof, the said Principal and Surety bind themselves and their heirs, ad- ministrators, executors, successors and assigns, jointly and several- ly, by these presents: WHEREAS, the Principal has entered into a certain written con- tract with the City of Denton, dated the 4th _ day of February 19, el to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCY, that if the said Principal shall pay all cla'mants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; P-3 1 ~ Y PROVIDED, iOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time:, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said principal and Surety have signed and sealed this instrument this 4th day of February 19 81 , Dickerson Construction Co., Ine. AND er n dividually Fidelity and Deposit Cdq any Bi:_ NC SURETY B y ~ s~L o s erson, ivi ey-_1lLf'r?"~61C Title Ti tle •4ttorrey-in-Fact: Address: P•0• 130Y 161 Address: 1404 1st City Natl Bic Bldg wlina, Texas 75009 IjAiston, Texis 77002 The name and address of the Resident Agent of Surety is: Texas-Fore Associates, Inc. 1404 First City National Bank Building, Eixtstcn, Texas 77002 P-4 FIDELITY AND DEPOSIT COMPANY OF MARYLAND FIDELITY AND DEPOSIT CG.LSPANX ID i 11ONIE OFFICES: BALTWORE, JZ1[13. 21203 s PONVE,k OF Ar1"I'OI{NEY r KNorv AI.I, NIEN BY ia[.sE PRESENTS:'rliat the I'IDF:IAFY AN 1) 1)EI'OMF COMPANY OF iNIAKYLAND, and the FIDELTtY AND DEPOSIr COMPANY, corporations of the State of Afaryland, by C. M> PECOT, JR. Vice-President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article V1, Srction 2 of the respective BY-Laws of Said Companies, ,thic•h are set forth on the reverse side hereof and are hereby certified to be in fuh force and effect on the date hereof do hereby nominate, consti- tuteaud appoint William S. Price, Edward L. Moore, Jr., Leah t. Pittman, Rose L. Sampson and Charles H. Taylor, all of Houston Texas EAC ~e and lawful agent and Attorney-in-Fact of each, to stake, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed; any and all bonds and undertakings., EXCEPT bonds on behalf of Tndependent Executors, Community Survivors and Community Guardians nd the execution of such bonds or undertakings in pursu,m(c of these prexcnts, Shall Le as hinding upon s;tid Companies, as fully and amply, to all intents and purfroses, as if they 11ad been duly executed and acknowl- edged by the regularly elected officers of the respective Companies at tlicir r;Bices in Baltimore, NICL, in their own proper persons. This power of attorney revokes that issued on behalf of William S. Price, etal, dated December 39 1979, by the Fidelity ar.d Deposit Company of Maryland. . IN 11'ITNESS WHEREOF, the said Vice-Presidents anal Assistant Secretaries have hcreuuto subscribed their names and affixed the Corporate Seals of the said FIDETA I V AND Utthosrr COMPANY of ALtRYLAND acid the Ii iDELI rV AND DSPOSI'r COMPANY this ...let .......__._.day oL__......,._..August A.D. 19...8.0.. TrEST: FIDELITY AND DEPOS11' 4-;0111'.1 OF JIAIIYLANI) SFuiL C l~ ~ iC~ u4 By........... At;isfanl Sc rrfnry 1'irr•Pri iidrn7 n F111I:L1TY ND I 11OS1'I' COJIPANY bFJ4L n Co liy........_.. AJ Want Secretary STATR. OF MARYLAND } 55; CITY OF BALTIMORE J On this let day of Au,met A. D. 1980 , before the anbscriber, Notary Public of the ,`-fah, of Maryland, in and for the City of Baltimore, July commissioned and qualified, cane the ab,vc-named V;cc-Presidcats and Assistanr Secretaries of the Fl DELITY AND DEPOSIT COMPANY OF MARYLAND and the 1•-1 DELI I'Y AND DEPOSI r COMPANY to me personally known to be the individuals and officers described herein and silo executed the `receding instrument, and they each acknowledged the execution of the same t and being by me duly sworn, severally and each for himself de, and s,.ith, that they are the said officers, the ComQanies a oresaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies. and that the s. id Corporate Seals and their signatures as such of6cces were duly- affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY ve wnle11'l1EftEOF, I have hereunto set my hand and affixed Official Viral at the Or if Daltirnorc the dzy and year first above written. owi:10,400~1 Nofar PL fd IC illy commission expires.. M y..l,1_19a? CERTIFICATE: I. theunders, nedAssistantSLcretaryoftheFIDEVITYANDt)FPOSrTC0Mv,\NYOF'~fARl'LANf)andtheFlLll:f.IT1' AND DEPOSIT `OMPANY do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-]'residents who euted the said Power of Attorney were Vice-Presidents specially authorized by the Boards of Directors to appoint any Attorney- Wiled as pro. vided In Article VI Section 2 of the respective fly-I.awY or the Ff DEI.in' AND rlEvoSrf COMPANY or MARYLAND and lheFIDELITY A&D DEPOSIT COMPANY. This certificate mayy be s~f~tned by facsimile under and by authority of resolutions of the Board of Directorsof the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of lit 1969 and of 0:e Board of Directorsof the FIDELITY AND DEPOSITCOMPANY at a meeting duly called and held on the 2ndyday of Norember, 1978. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter whenever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid rind binding upon the ~ompany with the same force and efTect as though manually affixed," IN TESTIMONY WHFREOF, 1 have hereunto subscribed my name and affixed he corporate seals of the said Companies, 4th this day or_._.._Febnldi'lr.... . .19..81.... 1.1{I"{Tx1--Cif. l7an,) s0 71)<ISSi ....4a.cislnn; Se(rehjry EXTRACT FROM BY-LAWS OF FIDELITY AND'DEPOSIT COM?ANY OF MARYLAND • "Article VI, Section 2. The President, or any Executive Vice-Presidents, or any of the Senior Vice.Prtsident or Vice-President , s specially authorized so to do by the Board of Directors or by the Execttive Committee, shall hive power, by and with the ceaeurr- ence of the Secretary or any one of Assistant Secretaries, to appoint Resident Vice-Presidents Assistant Vice-Presidents, ar;d At- tornirs-in-Fact as the busineA of the Company may require, or to authorize any person or persons to rxecute on behalf or the Company any bonds, undertakings,recognizan.,., stipulations, policies, contracts, agreements, deeds, and releases and assignment of judgments, decrees, mortgages and instruments in the nature of mortgages, and alsoall other instrurrentsanddocuments whict the business of the Company may require, and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY "Article VI, Section k. The President, or any one of the Executive Vice-Presidents, or any ono of the additional Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the con- currence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice Presidents, Assistant Vice-Praldents, Resident Assistant Secretaries and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or per- sons to execute on behalf or the Company any bonds, undertakings, recoanizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees, mortgages and instrument in the nature of rnnrtgages, and also all other In- struments and document which the business of the Company may require, and to affix the seal of the Company thereto." PROPOSAL TO THE CITY OF DENTON, TEXAS For the Construction of SANITARY SEWER AND WATER IMPROVEMENTS ON MCKINNE; STREET The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm. or corporation= that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the City as therein set forth. I t is understood that the following quantities of work to be done at unit: serve prices are approximate only, and are intended principally to guide in evaluating Mids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work r+hether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or required by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. P-1 r , It is understood and agreed that the work is to be completed in full within 65 working days. Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the Owner, in the amount of five percent of the total bid. It is understood that the bid security accompanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal,. the bidder shall foil to axccut~ a contract and file a performance bond and a payment bond within fifteen days after its acceptance, in which case the bid security shall become the property of the Owner, and shall be considered as payment for damages due to delay and other inconveniences suffered by the Owner on account of such failure of the bidder. It is understood that the Owner reserves the right to reject any and all bids. The undersigned hereby proposes and agrees to perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: PRJPOSAL Sanitary Sewer ar.d Water Improvements Item S.P. 5* Adjust existing water line 1000.00 $/ea. b ea. 6000.00 $ S.P. 6* 6" gate valve in existing water line 350.00 $/ea• 6 ea. 2100.00 S.P. 1 IO" Sanitary Sewer Pipe _17.50 $/LF 1,507 LF 26,372.50 $ S.P. 8 8" Sanitary Sewer Pipe 12.-00 $/LF 179 LF 2148.00 $ S.P. 9 6" Sanitary Sewer Pipe 10.00 $/LF 60 LF 600.00 $ S.P. 10 Sanitary Sewer Manhole and Cover (4' I.D.) 1000.00 V ea. 11 ea. 11,000.00 $ S.F. 11 4" Sanitary Sewer Service Line 350.00 $/ea. 35 ea. 12,250.00 $ Total Sanitary Sewer and Water Improvements $ 60,470.50 *These items may be de:eted and done by others depending on scheduling requirements. P-3 1 1 BID SUMMARY ' Total Street Bid $ Total Utility Bid $ 609470.50 Total Bid Price $ In the event of the award of a contract to the undersigned, or the undersigned wili furnish a performance bond and a payment bond f the full amount of, the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee for furnishedfi n the fulfillm nta ofsthe contract,Performed and materials it is understood that the work proposed to be dune shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the Engineer. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Unit and lump-sum prices as shown for each item listed in this ' proposal, shall control over extensions. Dickerson Const. Co. Inc. CON RACT R BY Box 161 Street Address Celina, Texas Seal s Authorization Cit~state (If a Corporation) 214-382-2123 Telephone P-4 I FE I i wt1/ ,`~a~'Y1~{/.';} cv v j i r i •s;7 v 'c I.a r.~;: .u r &I 'u g Pif r 1.::'v 'i ~F O•: N~'~ ) k S s Ar 47 r'h Xv r ~uv~ `~~A'~ ~4 ~ }L ! . ~r j~ "f 3A v 1 i:1, r ~•5 .w L , 'y~ v~~ i ti t Cfu•3 • k .cljf rye 4A s~~~. S~.!t n 5>.~ E }a, '.v t ..5~ 1.•~,r~yY fir. 1 7 v?'~ ~,~iti~ trf~<ra~~~ R~4~""i i,, tl~l a~~4 "5~~-~t°.a~.-•~ Sr s V ,4 ti, A~'~ ~i8 ti.1' yr Ar, r ~AlZ r v J r t ~ 4iYiY~.Y ~ • ~ t . ~ i ,v t.~'v 1 r , / J ~ 9`. t~ R r h ,1 r q L F~ i 7r ~ ~ y w 1 r ~ t ~ ~ ti' r t '!A+ i Y t NO. 81-13 AN ORDINANCE AMENDING CHAPTER 10-112, ARTICLE V, SECTION 10 1/2-19(a) OF THE DENTON CODE OF ORDINANCES, AS AMENDED, TO PROVIDE FLOOD PREVENTION STANDARDS FOR NEW CONSTRUCTION AND SUBSTANTIAL IMPROVEMENT OF RESIDENTIAL STRUCTURES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY THEREFOR; PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Chapter 10-1/2, Article V, Section 10 1/2-19(a) of the ' Code of Ordinances, City of Denton, Texas is hereby amended to t read as follows: (a) All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community's FIRM, or if the building site is lower than the crown of the street, the lowest floor including basement must be elevated a minimum of one (1) foot plus the depth number specified on the community's FIRM above the existing ground elevation of the site. Fill for landscaping around elevated structure will be limited to provide adequate drainage capacity around the structure. SECTION II. i That if any section, subsection, paragraph, sentence, rf', 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 f I` it would have enacted such remaining portions despite any such invalidity. SECTION III. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commence] in any cause before such repeal { shall take effects but every such act done, or right vested or t,. accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed had remained in force. SECTION IV. c• Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit o:• certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred Dollars ($200.00). F.ach such person shall be deemed guilty of a separate ofFeis*ge for each and every day or portion thereof during which Violation of any of the provisions of this ordinance ib `,od, or continued, and upon conviction of any such viola such person shall be punished within the limits above. SECTION V. That this ordinance shall become effective fourteen (14) l4', days from the date of its passage, and the City Secretary is -:..-ted to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 49 day of 1381. - , r f' C 0 STEWA , MAY CIT OF D NTON, TEXAS i ~r ATTEST: Y RS HOLT, CITY SECRETARY .j CITY OF DENTON, TEXAS i. ; APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS .,.y BY: ; of ~ ;f i' ,rrw i i i r ~3 - rrrr~ - - slr y. ~ ~ ~ ` 6 ~ ~ d Q ~ o ~ w k z, Z~ } 9 l 5.1 '`'n+'n ~'T sT~i k~7yfk'`s l+ Jnrt r {t{i~ Y +}Xx r v: r) ..iJ r ~f4 'y y1i t4r.~ti +`i f 1T.q ` N~ ~ +~R} a ~6)Y~ x.r Y _pY \ r } by + ~ 1 t 'y } r r i1 ~j r) t 7 e ~ 1~`Z~p v ~M ' W~,'rt ~16~ C~,'. x r t y x# . S" `f Y„ + r'.' , +r r try, ~ L y ) 1 t1 r +r t1 1l'.Y~ x '~i f. r. t ' i 11* r x a w.yi~y~y . r iJ'~r r 11 fix. 1 r } } )M , J._! t 4 r r NO. 81 12 AN ORDINANCE AMENDING ORDINANCE NO. 80-73 ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1 1980 AND ENDING SEPTEMBER 30, 1981 TO PROVIDE FOR FIVE (5) LIEUTENANTS AND SEVEN (7) SERGEANTS IN THE POLICE DEPARTMENT OF THE CITY OF DENTON. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. Ordinance No. 80-73 adopting the budget for the fiscal year beginning October 1, 1980 and ending September 30, 1981 is hereby amended to provide for the employment of the following classified positions in the Police Department of the City of Denton, to-wit: ;t " FIVE (S) LIEUTENANTS SEVEN (7) SERGEANTS. SECTION II. 'I Any position heretofore existing in excess of five (S) Lieutenants or seven (7) Sergeants is hereby abolished. f SECTION III. rA I This ordinance shall become effective from and after the ,y 17th day of February, 1981. PASSED AND APPROVED this the ld ° day of ~rK4r 1981. S T CIT OF D NTON, TEXAS R ATTE / I ~'~~}CRY CITY OF DENTON, TEXAS F APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS" r) Q1 By WA~ 1 I a a Q~ w~ ~ ~ ~ ti~ 1 tii .x ~ rva d + + E, i t +MS, tr w,°+~' I~+V J. ~'+Y rjJ ~+,h '.tr + 7 r J' ~ t~y r... ~ J IND^ PENDENT CONTRACTOR'S AGREEMENT `I THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: f The City of Denton, Texas, a Municipal Home Rule City _i situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and Larry Davis, J hereinafter called Contractor, hereby mutually agree as follows: 1. SERVICES TO BE PERFORMED: City hereby retains All Contractor to perform the hereinafter designated services and Contractor agrees to perform the following services: rI{` A. Turn the lights on during the Spring & Summer Baseball/Softball Season at dusk and off at 11:00 P.M. each night five (5) days a week at ''?y six (6) baseball/softball fields in Evers, Denis and Mack Parks in the City of Denton Texas. All 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay 3 Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: + Ten Dollars ($10.00) for each day to be paid weekly upon invoice showing all work complet-d y, to date of invoice. G .r, 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder at the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 9, SOURCE OF FUNDS: All payments to Contractor under this agreement are to be paid by the City from funds appropriated by d ~Y:',.wL.asld•.:''?,R.7'.eF9,~'.ISV`~i7a+Y BEEN _.,.~11ry414~7 d6 la'i.~'d~?j.lY1 'ii', %9r~r/.'•f1'+'+.t,.~j~'F ~y~,f~ ~a:."~' i l 1 1 rtl 4 1 r .1 , 1 r the City Cou:icil for such purposes in the Budget of the City of Denton. 5. INSURANCE: Contractor shall provide at his own cost I and expense workmen's compensation insurance, liability i insurance, and all other insurance necessary to protect Contractor in the operation of Contractor's business. 6. CANCELLATION: City reserves the right to cancel this Agreement at any time by giving Contractor thirty (30) days 'S written notice of its intention to cancel this Agreement. `i 7. TERM OF CONTRACT: This Agreement shall commence on the 1st day of March, 1981, and end on the 31st day of August, 1981. EXECUTED the this /0-1kday of , 1981, i ` CITY OF DENTON, TEXAS BY. G. IS HART~(J~C~tJ~~ CITY MANAGER ,d ATTEST• )HMKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS E r APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY Y CITY OF DENTON, TEXAS BY: k, LARRY DAVIS, CONTRAC /76 That Paul Leslie, is hereby designated as the person to administer the provision of this agreement. DATE G. CHRIS HAR UNG CITY MANAGER 7-7, 77'*1wvmm A. k4 3 d/ !1 . • 1 ~r MISSOURI-KANSAS-TEXAS RAILROAD COMPANY REAL ESTATE AND INDUSTRIAL DEVELOPMENT DEPARTMENT 701 COMMERCE STREET DALLAS, TEXAS 75202 VIVIAN ROSSETTI Right of Nay Contracts Mana94r (214) 651-6763 February 17, 1981 File: T-18753-B Mr. Rick Svehla City of Denton, TX 215 E. McKinney St. Denton, Texas 76201 Re: Pipe Line License No. 33779 covering one 18-inch sanitary sewer pipe line near Mile Post K-724,02 at Denton, 1X Dear Mr. Svehla: Enclosed is your executed copy of the above described agreement which has now been signed by a vice-president of the Railroad. Should you have occasion to correspond with us in connection with this agreement, please refer to the file and contract nambers shown above. Yours very truly, UM" Vivian Rossetti cc: Mr. Philip E. Patterson Carter 6 Burgess, Inc. Enclosure P,S. This license is being returned to you, but f o it valid until we are in receipt of the signed Contractor's Agreer , and the contractor's insurance policy has been approved by our Law Department. 138180 Form I?9 ar% 1' 77 PIPE LINE LICENSE 1 NIS AGREENIENT No. 3 `e47 9 made this 1st day of November 19 80 between the NIISSOURI-KANSAS-TEXAS RAILROAD COMPANY, hereinafter called "Licensor", and CITY OF DENTON TEXAS hereinafter called "licensee". W11N'ESSETH: ARTICLE 1. 1. Term:1 his agreement shall take effect the date hereof, and unless sooner terminated as provided herein, shall continue in force so Ion; us used for the purpose herein set out, 2. Consideration and Description: In consideration of ONE AND N01100 (S-1.00 DOLLAR receipt of which is hereby acknowledged, and of the covenants of Licensee as hereinafter set forth, Licensor hereby grants a license and permission to Licensee to construct, reconstruct, use, maintain, operate, repair and install by boring method. one pipe lines(s) not exceeding eighteen ( 18" ) inches, in diameter, to be used for carrying _ sewage which shall be encased across or along Licensor's property at or near Denton in the County of Denton and State of Texas For convenience, the said pipe line is hereinafter referred to as "Crossing". The location of said Crossing is more particularly described as follows: Said eighteen (18") inch sanitary sewer pipe line crosses said Railroad Company's premises at an angle of 81 degrees, more or less, measured to the left, southwesterly, from the centerline of said Railroad Company's Denton Subdivision main track at Mile Post K-72/ 02, being main track valuation chaining station 1801 7, distant 126 feet, more or less, measured southeasterly along the centerline of said main track from the centerline of Loop 286 Overgrade Crossing (DOT No. 414 684 V). Said pipe line is not within the limits of a public crossing. ARTICLE 11. * Licensee undertakes and agrees: 1. Specifications: To install said Crossing according to the specifications of the American Railway Engineering Association Part 5, Pipelines. The Crossing shall be laid and maintained at the sole cost of Licensee, and in a manner and x ith material satisfactory to L.icensor's Chief Engineer, with its top at least five and one-half (5~/7)feet beneath the base of Ihe ra11under the track, and at least three (3) feet below the surface of the ground elsewhere,soil will not interfere with the safe operation of said railroad or cause damage to Licenser's property. Said pipe line shall he encased in a larger pipe where it passes under any railroad track, and for at least twenty-fise (25) feet on each side of the center lire of any such track. 2. Present Occupants: to make approptiale arrangements with any person or legal entity occupying the premises affected hereby pursuant to a lease or other permission granted by Licensor, so that Licensee's said Crossing mill not unreasonably interfere ssith the use of the subject property, or create undue hardship on the person or legal entity occupying the premises. 3. 1 iability: Licensor shall not be liable for any damage to said Crossing or the contents thereof, howsoever such damage shal be caused, whether by the negligence of Licensor, its agents, employees, or otherwise. Licensee assumes the risk of, and shall protect, indemnify and hold harmless Licensor from and against all liability for or on account of injury to or death of any and all persons or damage to properly, including livestock killed or injured, resulting from or incident to the construction, maintenance, use, operation, relocation, reconstruction or existence of said Crossing on Licensor's premises, or the removal thereof from said premises, or to the restoration of or failure to restore said premises to their prior or other condition as herein provided, u hether such injury, death or damage shall be caused or contributed to by the negligence of Licensor, its agents, employees or otherwise, and Licensee w ill protect, indemnify and hold harmless Licensor and any others legally using its right of way, from all claims, demands, suits or actions growing out of any such loss, injury or demands, including i%%cstigation costs, court costs, and attorneys' fees resulting or in any manner arising from the risks herein assumed by Licensee. 1_iccnsce further agrees to immediately investigate any such claims, demands, or suits and shall defend, settle, and or otherwise dispose of the same at its sole cost and expense. In the event settles any such claims, demands, or suits, it shall obtain a release which includes Licensor. Licensee shall not have or make against Licensor any claim or demand for or on account of any damage Licensee may suffer or susnin because of any failure of Licensoe's title to the right of way and lands occupied by said Crossing or any part thereof. 4. %Wa er: To wake all right to question the %alidity of this License or am of the leans or provisions hereof, or the right or power of Licensor to execute and enforce the same. ARTICLE III, It is mutually agreed by and between the parries, as follows: 1.(a) Repairs and Relocatf,,,,: Licensee will at al;. 04nes maintain the Crossing in a safe and secure manner, and in a condition satisfactory to Licensor. Licensor may request Licensee to snake reasonable repairs as in the judgement of Licensor shall be deemed necessary to avoid interference with o•: danger in the use or operation of Licansor's railroad, or any of its present or future appurtenances, or telegraph, telephone, signal or other lines on Licensor's right of way. (b) if Licensee shall fail to perform any of its obligations contained in this agreement to the maintenance of safe conditions in and about said Crossing oral to the protection of wires from electrical interference on Licensors property or to rnalre any necessary repairs, or to relocate said Crossing, then Licensor may cause such condition to be made safe, or change of location to be made, or repairs to be made, ur C.ossinp to be removed from Licensor's property, Licensor acting as the agent of Licensee, and may perform such work as is necessar), in the judgement of Licensor, and Licensee shall, on demand, promptly reimbui.x Licensor the whole cost thereof, plus ten (W-c) per cent thereon as a charge for supervision, accounting, and use of tools: or Licensor may terminate this License by giving to Licensee not less than ten (10) days' advance written notice of its intention solo do. 2. Terminations Licensor may terminate this License upon ten (10) days' written notice if Licensee fails to keep any of Licensee's covenants herein contained and no reimbursement shall be made for Licensee's expenses incurred in the removal of this crossing or the consideration paid for this License. No termination or expiration shall affect the rights and liabilities, if any, of the parties hereto then existing. 3. Restorationt Upon the termination of this agreement, Licensee shall promptly retrovc said Crossing from Licenaor's right of way, and restore said right of way to its prior condition, or to a condition satisfactory to Licensor. If Licensee shall fail to remove said Crossing within thirty (30) days after the termination of this agreement, Lic.nsor may remove the same, ind charge the expense therefor to the Licensee on the basis provided in Paragraph 1(b) of Article III. -2- d f f 4. !Miscellaneous! (a) This License and all of the provisions herein contained shall be binding upon the panics hereto, their heirs, executgrs, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any na me changes. Licensee agrees not to assign this License or any interest therein, without the consent of Licensor in writing, and any and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of any assignment, Licensee shall at all times remain fully responsible and liable for the payment of the rental, if any, herein specified and for the compliance of all of its other obligations under the terms, provisions, and covenants of this License. (b) In the event rent is paid annually, Licensor expressly resencs the right to increase the above rental rate on anyyea rly anniversary date of this license by giving Licensee thirty (30) days'%ritten notice. Licensor may increase the rental by the percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental increase period, or the last anniversary date hereof. (c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether Licensee be a natural person, a partnership, or a corporation, or any combination thereof. (d) An', notice heicin required to be given by Licensor to Licensee shall be deemed properly given if served upon or delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last known place of business. (e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, not shall any alteration, amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee. (f) This License does not become binding upon Licensor until executed by Licensor's vice-president. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first abovewritten. MISSOURI-KANSASj-TEXAS RAILROAD COMPANY B) ezi -Z- Vice-President CITY OF DENTON, TEXAS 1 By Title or_ Address: Municipal Building Denton, Texas 76201 File, T-18733-B -3. ' ' • i \ VIF THE STATE OF TEXAS X COINTY OF DENTON ~ CITY OF DENTON I, Brooks Holt, City Secretary of the City of Denton, Texas; do hereby CERTIFY t t the attached is a'true and correct copy of as same appears o rec.or in my o ice in File h'o. In Witness Whereof, I have hereunto set m hand and thq official seal of the City of Denton, Texas this e2 day of A. D. 19_,gC). of City Secretary City of Denton, Texas R E S O L U T I O N BE IT RESOLVED BY THE CITY COLrjCIL OF THE CITY OF DENTON, TEXAS: The Mayor is hereby authoriz~!,~, and directed to execute on behalf of the. City of Denton, Texas, a Pipe Line License Agreement dated November 1, 1980, between the City of Denton Inc, the 2dissourt-F.snsas-Texas Railroad Conlirny. PASSED AND APPROVED this the lath day of No- nber, 1 S0. ATTEST: /s/ - AIC ' HD 0. STE" %nT, N : /s/ BROO: LT, CITY SeCR;'7ARY CITY OF L'Ei ION$ TEXAS APPROVED AS To LEGAL FO%v: C. J. TAYLOR, JR., CIT" ATTORNEY CI_^Y 0 DE`t10.i, "Z{AS /s/ _0 - . 1 ~ I 1 ~ I ' ♦ I • l v ~ ~ • 1 ~ ' , • S 1 -`1 n`\1 (I^~' ~V ,wv A-\ 1 v !L + ~ ~ ~ Y Il'1 + 1 • r+~`,. Ayf ♦ 'k t 1 , Z/.ei !t .CY>w i iy~ e`p t E nN {N; , , ',♦1 Yr ~ t ' 1< < Y,'G~hw i♦1~ ~ r1~;` wt~ ~ 'J r a THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § The Cit;# of Denton, Texas, a Municipal Home Rule City situated in Denton County, Texas, hereinafter called "City", acting herein by and through its City Manager, and James Donald Powell and Fredrick Porter Williams, hereinafter called Contractor, hereby mutually a;rel- as follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to r''x perform the following services: ti f A. To perform all work necessary to satisfy the objectives as stated in the subcontract between Texas A & M Research Foundation and City of Denton (hereinafter referred to as "SUBCONTRACT") which is r attached hereto and incorporated for all purposes. B. Prepare monthly reports as required by the SUBCONTRACT, and in such detail as may be required'. by the Texas A & M Research Foundation. C. Prepare a final report as required by the SUBCONTRACT, and in such detail as may be required by the Texas A & M Research Foundation. 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay , Contractor for the services performed hereunder as follows: A. Amount of Payment for Services: Costs not to exceed Fifteen Thousand Dollars ($15,000) as defined by the SUBCONTRACT between Texas A & M Research Foundation and the City of Denton which is attached her?to. B. Dates of Payments: Orr receipt of monies from Texas A & M Research Foundation. 3. SUPERVISION AND CONTROL BY CITY: It is mutually understood and agreed by and between City and Contractor that Contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other. City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall r5 perform the services hereunder at the direction of and to the s;l.. ` satisfaction of the City Manager of the City of Denton or his designee under this agreement. ,p Y~ • • 9OURCE OF FUNDSi All payments to Contractor un er t s agreement are to be paid from funds appropriated by the Texas A & M. Research Foundation as established and defined by the SUBCONTRACT between Texas A & M Research Foundation and the City of Denton which is attached hereto. 5. INSURANCE: Contractor shall provide at his own cost and expense workmen's compensation insurance, liability insurance, and all other insurance necessary to protect Contractor in the operation 01L' Contractor's business. { b. CANCELLATION: In the event that the SUBCONTRACT is terminated by the Texas A & M Research Foundation, the City reserves the right to cancel this Agreement at any time by giving Contractor t, written notice. 7. TERM OF CONTRACT: This Agreement shall have commenced on the 1st day of December, 1980, and end on the 30th day of September, 1981. EXECUTED the this J ay of 1981. f CITY OF DENTON, TEXAS € r i { BY: J . CHR S' TUNE, C TY MANA i ATTEST• R . KS HOLT, CITY SECRETARY k APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY BY: • JAMES DONALD POWELL AND ' FREDRICK PORTER WILLIAMS, CONT CTORS BY$ 1 4 4 t}A+ That John Goldmann, is hereby designated as the person to ;LPp~ administer the provision of this agreement. ell v 4' DATE y CITY MANAGER ~t Y~ tiJIP ~ I ~ ~ a~ ~ ~ ~r CERTIFICATE OF INSURANCE S THIS IS TO CERTIFY that the following policies, subject to their terms, conditions and exclusions, have been issued by the company or companies shown below: THIS CERTIFICATE OF INSURANCE neither affirmatively or negatively amends, extends or alters the coverage afforded by the policy or policies shown below, nor is it an endorsement making the person, firm or corporation at whose request it is issued an additional insured on the policy or policies referred to herein. In the event of any material change in or cancellation of the policy or policies, the company or companies will mail ten (10) days' written notice to the party to whom this certificate is addressed, "REVISED" NAME AND ADDRESS OF PARTY TO tNHOM CERTIFICATE IS ISSUED DATE: 2/23/81 --1 RF.MeP,r~ City of Denton Denton, TX 76201 L Attn: Brooks Holt, City Secretary J NAME AND ADDRESS OF INSURED: Protex Service, Inc. 1917 N. Haskell Avenue Dallas, TX 75204 Policy EHactite Expiration Insurance Company Type of Insurance Number Date Date LIMITS OF LIABILITY' N Century Workmen's Compensation Statutory and Indemr i ty Emptoye rs Liability WC 521521 ] 0/ 1 /80 10/1/81 Employers Liability Limits-=100.000 Company Com.orehensivs Bodily Injury Aetna Fire General Liability Underwriters CG 990716 111180 7/1/81 s 300,000 Each occurrence Insurance Co. f 300a000 dOm Lra>e:eclend 0 ae Ina tiorn Property Damage s 50,000 Each Occurrence s 5G,00 Aggrepte Operations > U sO Aggregate Protective Aggregate Contractual 50 000 AggreQ,le Products S 9000 6C Compleud Operations Aetna Fire Comprshendva Bodily Injury Underwriters AutomobMLiability" CG 990716 7/1/80 7/1/81 s 250,000 Each Person Insurance Co. f 000 Each Occurrence Property Damage s 100 . 000. Each Occurrentat Aetna Fire Underwriters CG 990716 7/1/80 7/1/81 As Shown in Remarks. Insurance Co. V 'Absence of arty sppeWlate entry means no ouch trnure" is In force. FRED. S. JAMES & CO, OF TEXAS, INC. "Coven all owned, non-owned or hired vehicles 2001 McKinney Ave. -Dallas, Texas 76201 AuthoASed ReprewntstivM of the Injure" Compenin referred to above. y , Subcontract !.100012_ Prime Grant DE-FG01-80021439 Project ___IF 4380-1 SUBCONTRACT betweer. TEXAS A&M RESEARCH FOUNDATION and CITY OF DENTON This SUBCONTRACT is entered into by and between the Texas A&M Research Foundation, a non-profit corporation whose address is FE Box H. College Station, Texas 77843, hereinafter called FOUNDATION, and the City of Denton, with offices at 215 E. McKinney Street, Denton, Texas 76201, hereinafter called SUBCONTRACTOR. WITNESSETH: WHEREAS, FOUNDATION and the Department of Energ, an a of United S*ates of America, hereinafter called GOVERNMENT, havenenteredhinto Prime Grant Number OE-FG01-80CS24439, further identified as Project RF 4380-1. which involves the project entitled 7n.ten9oueAwen.W Smmatt &taixe64 Enehgy Manageme.n.t Vemona.tnatton Phognam; and WHEREAS, SUBCONTRACTOR has proposed to assist FOUNDATION in the accomplishment of the preceding; and WHEREAS, SUBCONTRACTOR is specifically qualified and equipped to perform the work describt:d in a manner contemplated herein; NOW THEREFORE, the parties hereto do covenant and agree as follows: ARTICLE I: Scope of Work SUBCONTRACTOR agrees to perform the work set forth in the statement of ►rork appended hereto and incorporated as APPENDIX A. The scope of work shall not be changed except by duly executed amendment to this SUBCONTRACT. ARTICLE II: Period of Performance The period of performance for this SUBCONTRACT shall begin on December 1, 1980 and shall terminate on September 309 1981, unless extended by mutual agreement in writing between the parties, or unless terminated by FOUNDATIOR as provided In Article VIII, Page 2 of 24 ARTICLE Iti: Consideration and Payment As compensation for the work cited in Article I, following inspection and acceptance of t* reports cited in Article vi i FOUNBATfON agrees to pay SUBCONTRACTOR costs-not to exceed $.15;GOo...Costs shall be in accordance with the budget included in APPENDIX 8. Invoices shall be submitted in triplicate, not more frequently than monthly to the following address: Texas ASM Research Foundation Faculty Exchange Sox N College Station, Texas 77843 Payment shall be contingent on approval of the invoices by Stephen Biles who is hereby named as FOUNDATION'S REPRESENTATIVE in the monitoring of this prof,~.ct. Said invoices shall be in accordance with the sample billing form apoended hereto and incorporated as APPENDIX C. A maximum of ten percent (10%), or an amount not to exceed $1,500 of the total compensation, shall be retained until the final reouirements have been completed and approved by FOUNDATION'S REPRESENTAT M . ARTICLE IV: Travel and Per Diem .411 reimbursable travel shall be via economy class rates when available. If not available, reimbursement vouchers will be annotated that economy class accommodations were not available. Travel and per diem shall be reimbursable in accordance with FOUNDATION'S travel policy appended hereto and incorporated as APPENDIX 0. ARTICLE V: Key. Personnel The Key Personnel identified below are necessary for the successful performance of the work under this SUBCONTRACT. In the event the assigned individual leaves the subcontracting institution or is reassigned to another progr&m, SUBCONTRACTOR shall notify the FOUNDATION in writing reasonably in a vance and include a proposed substitute of art Individual of substantially eAua ability and qualifications. No diversion or replacement shall be made'bv SUBCONTRACTOR without the written consent of FOUNDATION. Personnel Title James Donald Powell Project Leader Fredrick Porter Williams Project Leader Roy Lynn Godkin, Audit Consultant Mark R. Reynolds Audit Consultant and ~~n Gold►+aann Research Assistant 1 Page 3 of 24 ARTICLE V1: Reports SUBCONTRACTOR shall submit the following reports: Item Due Date 1. Monthly Report January 10, 1981 and the 10th of each month thereafter 2. Final Report September 30, 1981 ARTICLE V:I: Inspection and Acceptance Inspection and acceptance of the reports cited in Article VI under this SUBCONTRACT will be accomplished by FOUNDATION'S REPRESENTATIVE. Shipment of all data shall be made to: Stephen Biles Urban Programs Group Center for Strategic Technology Box FM 83 Texas 4bM University College Station, Texas 77843 ARTICLE VIII: Termination In the event of default by SUBCONTRACTOR of its obligations, or in the event that GOVERNMENT terminates work by FOUNDATION on the subject terminatedtbysFOUNDATIONCat anyntime fby givingywritten SUBCONTRACTOR notice to may SUBCONTRACTOR. ARTICLE IX: Liability SUBCONTRACTOR shall indemnify and hold FOUNDATION harmless from any and all claims or liability whatsoever which may arise out of SUBCONTRACTORS failure to perform or SUBCONTRACTOR'S negligent per'ormance 'of any service or duty as herein agreed. Such obligation to hold harmless shall include the obligation to reimburse the funding agency or FOUNDATION, as appropriate, a sum certain equal to the amount of any payments which mrty be made by FOUNDATION to SUBCONTRACTOR which are inter disallowed by the funding agency by reason of SUBCONTRACTUR'S failure to apply or aoide by appropriate ccst principles or administrative standards. In addition, SUBCONTRACTOR warrants that SUBCONTRACTOR is in compliance with all ProgramsoeAfffederal irmativerequirements and EmnToyment uUtilization Programs, Minority Equal Programs, Employment of the Handicapped Programs, etc.; and agrees to hold FOUNDATION harmless from any rind all claims resulting from SUBCONTRACTOR'S failure, or the failure of its principles, employees, and agents, to comply with these requirements. =Moog Page 4 of 24 % ARTICLE X: General Provisions The General Provisions applicable to this SUBCONTRACT are contained in the 90E PROJECT GRANT PROVISIONS appended hereto and incorporated as APPENDIX E. As used fn the aforesaid Grant Provisions the term "Grant Officer" and "Government" sha'61 mean either the FOUNDATION or the 8overnment Contracting Officer who has cognizance over FOUNDAT!ON'S prime grant as may be apolicable and determined by FOUNDATION. In the event of any inconsistency between the conditions of SUBCONTRACT and those of the grant provisions, the inconsistency shall be resolved by giving precedence to the provisions of SUBCONTRACT. ARTICLE XI: Entirety of Anrnonent This document with attached apnendices constitutes the entire agreement between the parties relative to the subject matter, and may be modified or amended only by a written agreement signed by both parties. IN WITNESS NHEREOF, the parties hereto have executed this SUBCONTRACT on the day and year last specified below. TEXAS A&M RESEARCH FOUNDATION CITY OF DENTON i Jo Ann Treat Title Associate Executive Director Title Date Date - /9- 011/ I i w~ , certify that I am the yr✓ r<<L of SUBCONTRACTOR. named under this SUBCONTRACT, hat I am title) authorized to sign on behalf of said SUBCONTRACTOR; that said SUBCONTRACT was fully signed for and on behalf of said SUBCONTRACTOR by authority of its governing body and is within the scope of its legal powers. Appendix A Page 5 of 24 Statement of Work Small Business Ener Management Pe c Pu ose The purpose of the initial phase of the project is to develop and evaluate Methodology for achieving energy conservation in small business. Ob active i. To determine what delivery modes would be most•effective in con- veying energy conservation and achieving behavior change in small business owners/managers. 2. To test the efficacy of training non-professionals to conduct energy audits in small businesses. 3. To design appropriate information gathering formats with which to record energy data from small businesses. 4. To stratify the small businesses of Oenton, Texas into groups that may require individualized energy audit approaches, S. To develop methodologic for analysis of energy data. 6.. To synthesize program results and design formats for large-scale implementation of energy audit strategies. Ta_- 1• Develop mailing lists for initial data gathering. 2. Modify and/or develop survey questionnaire. 3. Develop methodology for analyzing survey results. 4. Prepare appropriate reports of survey results. 5• Develop energy conservation audit formats for accomplising on-sight audits of small businesses. 6. Organize training program for small business consultants. 7. Train consultants. 8. Conduct energy audits. g. Develop appropriate computer programs to perform data analysis and presentation. Appendig A Page of 24 10. Perform data analysis of audit results. 11- Perform follow-up data collection. 12. Write final report, !Qrjtj"_procedures 1. Monthly reports will include the following: Protect Activities What, How, why, and who Analysis of Progress Significant Problem Areas Plans for Next Period 2. The final report will include a summary of all of the above plus a comparison of goals vs, accomplishments, final statement of findings, and a full accounting of funds expended. Protect Activity Schedule All work shall be performed in accordance with the following schedule: T TASK JAN FE! MAR APR MAY JOR JUL AUG SEPT 1. Develop Malllny Llst 2. DeSIr Questlonnalre 3. Derelar Aalyltul Me thou. 'yy A. Prepare Surrey Reports Develop Aadltrorwats i. Organlae rralnfne Froereas F. Train Consultants S. Conduct Energy Audits Design Cpnrw,ter "r"s lA. Analyze Audit Re W is _ II, perforn Follow-up Data Collection f7 M wrlee Final Raporl V - - ` - - - ~~L Appendix 8 Page 8 of 24 BUDGET Item 1: Personnal salaries and wages Project Leaders One day per week for each project leader for 40 weeks (l Dec. - 30 Sept.) at $125.00 per day. Powell $59000.00 Williams 50000.00 Audit Consultants Ore hundred and fifty hours per consultant for training and performance of audits at $5.00 per hosir. Godkin 750.00 Reynolds 750.00 Research Ass-tstant Eight hours per week for 24 weeks at $5.00 per hour. Reynolds 950.00 Clerk Typist ($3.85 per hour) 689.20 Training of Audit Consultants Three days at $250.00 per day. 750.00 $139889.20 Item 2: Fringe Benefits 17.71% of following wages: Audit Consultants $1,500.00 Research Assistant 950.00 Clerk-Typist 689.20 555.95 Item 3: Travel 100.00 Item 4: Supplies 154.85 ?tem 5: Photocopying 50.00 Iteii, 6: Telephone and Postage 150.00 Item 7: Rent 0 Item 8: Printing 100.00 TOTAL $15,000.00 ~ f Appendix C Page 9 of 24 SAMPLE INVOICE Subcontract L1000]2 Project RF 4380.1 Current Billing Period Subcontractor: Address: Check Payable to: Analysis of Claimed Current and Cumulative Costs: Total Subcontract:.~.aM. Amount For Current Cumulative Percent Of Major Cost Elements Approved Billing Amount From Budget Category Budget Period Ince-- p Spent To Oate 1. Personnel $13,889.20 2. Fringe Berefits 555.95 3. Travel 100.00 4. Supplies 154.85 5. Photocopying 50.00 6. Telephone b Postage 150.00 7. Printing 100.00 $159000.00 Appendix Q Page 10 of 24 Tmus A & M RESEARCH FOUNDATION ` F E Soar H COLLzoz STATtom, TEx.%s 77843 Tsassnors ' iio s.e•not TRAVEL. POLICY STATE ENT Effective September 1, 1980 This is a statement of the travel policy of the Texas A & H Research Foundation for reimbursement of travel related expenses. It is presented in a format which, is similar to the expense account form co be used in obtaining reimbursement. Each traveler should be knowledgeable of the Research Foundation's travel policy riot to travel to assure Chat costs will be reimbursable. Also, the traveler should be familiar with Research Foundation requirements for documentation of expenses. Lack of proper receipts may result in inadequate reimbursement and delay in processing the expense account. TRANSPORTATION 1) AUTOMOBILES AND-TRUCKS A. AUTOMOBITZS a) University-owned - -Say be used and charged directly to a Research Foundation project. The expense account should contain a comment to this effect. b) Rental. - May be used when necessary co conserve time, or expense. See 6) OTHER for additional comments. c) Personal - Will be rei=bur:;ed at the rate of 25c/mile when it is necessary to convey equipment or materials of such size or quantity chat the use of public conveyance is not feasible or it ii more economical than commercial air fare. if a of transporting equipment,,amaterial automobile or conserving costs, an is used for other than purpOst to exceed tourist air fare will be allowable for the owner of the automobile only. Per diem will then be paid only on the bsisia of travel by air. When mileage cannot easily be verified on highway maps (e.g. field trips, ace.), a log should be kept of the various places visited and the mileage between points. More than one person traveling on the same trip should travel in the same vehicle unless there is a Justifiable basis for additional vehicles. '.RAVEL. appendix D POLICY' STATINT PACE 2 Page 11 of 24 l B . ME CKS Privately-owned trucks when loaded will be reimbursed at 27C/mile. Privately-owned trucks and/or cars pulling trailers for project business will be reimbursed ae 30p/mile when the trailer is loaded or 270 mile when the trailer is empty. 2) TRAIN AND PULLUI Allowable when required to expedite the conduct of business. Receipts must be obtained. 3) BUS Allowable when required to expedite the conduct of business. Receipts must be obtained. This item is intended for inter-city travel. Intra-city buses should be reported with taxicabs. 4) AIRP"NIE a) Commercial - Tourist class is to be used when available. I: other than tourist class is used, an explanatory note must be attached to the expense account. Airline ticket stubs must be attached to the expense account regardless of the manner of payment for the ticket. Air travel tickets may be charged directly to the Research Foundation at local Bryan/College Station travel agencies. Be certain the agency is informed of the proper project: number to which the expense will be charged. For0igr travel should b,t on U.S. carriers when the cost is chargeable to a Federally funded project. b) Personally-owned or Rented - Reimbursement will be made at 28c per highway mile, not to exceed the cost of commercial tourist air fare for one person. In exceptional cases where a group is traveling or considerable time can be saved, and actual and reasonable costs exceed those cited in this paragraph, reimbursement may be made if there is adequate justilicacion. S) TAXICABS Include taxis, limousines, city buses, etc. under this category. Receipts are required for any single fare of $13.00 or more. Taxi fares must be itemized. Limousine service from city to city, such as from College Station to Houston* -dill be used only when commuter flights are not available, or to conserve costs. 6) OTHER. Included here should be rental cars, parking fees, or other forms of transport ._•r, not included in the prrcedin; five itams. ~w _ ■ Appendix 0 TRAVEL POLICY STAWtENT Page 12 of 24 PAGE 3 a) Rental Cars - Should be used only when necessary to obtain economical or prat ical transportation, i.e., when it would cost more to travel bF taxi, bus, etc. Receipts are required. When rental car statements are to be deposited in a drop box, tear off a copy to append to the expense account. Personal liabilit'f insurance is not reimbursable. b) Parking Fees - if automobiles and trucks are left at Houston, Dallas, or Awn airports while the owner is traveling elsewhere by air, par'.cfng fees k4_:1 b-, allr,2bla vith receipts is the comoined cost of parking and mileage allowance does not exceed the cost of round trip air travel between College Station and Houston, Dallas, or Austin. Parking fees are allowable for rental automobiles and trucks when receipts are submitted. Other parking fees are not allowable. ROOM (OR PER NMI) The following allowances are provided to cover room and meal expenses, unless otherwise provided by grant or contract provisions: 1) Rate - Domestic - Reimbursement will be on the basis of actual subsistence expense subject to the following restrictions: a) Maximum allowable for meals is an average of $20.00 per day. b) An itemized receipt for room costs must be submitted. c) Actual subsistence (meals and room) costs in excess of $60.00 per day, average, will not be allowed unless there is adequate justification that the higher cost was required. Rate - Foreign - Expenses for room and meals for foreign travel will be reimbursed at the rates called for in our travel polic7 as stated herein or according to the Covernmant Standardized Travel Policy rates, whichever is greater. Thaw rates are applicable from the time of arrival at the foreign destination to the dertrture time. if several foreign locations are involved, the change in raga will occur upon arrival at the nev destination. 2) Mathod of Calculation - Midnight to midnight will be the unit for computing the daily allowance either for per diem or actual expenses. For a fractional part of a day at the eommencsmanc or ending of continuous travel, the six-hour periods of 12:01 a.m. to 6:00 a.m., 6:00 &-m- to 12:00 noon. 12:01 p.m. to 6:00 p.m., and 6:01 p.m. to 12:00 midnight are each considered to be on "uarcer (k) of a day. Computation of per diem shall be on a quarter-day basis, the initial quarter to be that in which travel begins and the final quarter co be chat in which travel ends. One-fourth (►c) of the rats for a day litll be allowed for each period of six (6) hours or fraction thereof (fraction of a per diem period beint d%fined as two (2) hours or more). asssssss:rss= . i TRAVEL. POLICY STAMM 8T Appendix 0 ► PAGE 4 Page 13 of 24 "AALS Only actual expenses are reimbursable for trips that do not isal•tide an overnight stay. The cost of meals shall be reasonable for the locale. The maximum allowable for any one day's meals is $20.00. The following will not be reimbursable: - Breakfast for persons leaving home at or c:tee 7:00 a.m. Lunch for those leaving home at or after I2:00 noon or arriving home prior to 1:00 P.M. . Dinner for those returning home prior to 6:00 p.m. or leaving home at or after 5:00 p.m, COrANNICATIONS Costs incurred on a :ash basis for telephone and telegraph on project business may be claimed'; however, when these costs I amount to more tn.n $4.00, they must be documented. Since each project is providEd with a special telephone billing number, it is usually'more desirable to charge communication against this number when possible. FOREIGN TRAVEL Please check with the Research Foundation regarding foreign travel since the regulations of the various agencies diffes. Almost all foreign travel must have prior approval of the sponsoring agency. The request must be submitted at least 45 days prior to departure. OTEER UPENSES a) where allowable under project regulations and when raceipts are submitted, registration fees, small supplies, and miscellaneous services are reimbursable expenses. b) Guest meals are not allowable. c) IS$ for traveler's checks may be charged for foreign travel only. 44ceipcs must be attschad. d) Tlpa and,'or Porte~•r, aao Normal bellboy or porter tips for personal luggage may be charged as part of the actual expenses cLatmed within the $60.00 maximum actual subsistence level. Porterage and special tranepar- cation or handling expense for project squipment or notarial$ should be ssparacsly stated and justlflad and are reimbursable above the dally rate. Racsipcs for such coats must be provided. f Appendix 0 ' MVEL POLICY STATEWT page 74 of 24 PAGE S 1 SCELLANEOUS COK=s Because of the varied regulations of the different agencies, it is not possible to detail the trips which must have prior approval of the sponsor. If there is any doubt as to the allowability of a trip or of the need for prior approval. please call your Prole.t Sp;:~talist w ppen x age 15 ot• 21 9 1'0! T109 PIOJLCT C1tit1.'T LDDCJ~TI01~ PROYI3I01iS TOR INS7I7I7IONS or NICli_R 6 tlOSPI TALS - ' u'3 0•c•r-t IN ONPsDTIT OnAxiZATICINa This gran; subject to !b 'e following provisions:' I . Ce.•.~ eat , a. $is ;r,ent is composed of a grant face rcer vMch may iacorp&rate the granter s proposal by retereace sad the Dr Project G:att J'rovisiflas for ias:STioas of hij!se: lduca:iaa, b ospital:e and Ut *:be: aoaprotit orgaaisa:SOc;s. b• Tpis award a anstitutts acceptance by the Department of Ent-iy (D3=) of the trantee s proposal and budget unless o:bervise indicated on the face pate. e. The grantee is obligated to conduct su:h project oversight as sa)' be ap?rorpriate, to usnate the funds with prudes:e, and to ce=p4y witb the provisions outlined herein. vit'ir-this frA=v%,,o-k, the Principal Inves:igator (P1) or Progra= Dire:tor (PD) ol:ed am the grant fa:e pate is responsible for the scientific or technics} direction of the project and for Preparation of the project perfo rzan:e reports. d This'trant it funded on a cost rei:5u:9eaent basis not to es:eed the amount awarded as indicated on the fa:p page and is subject to a refund of unexpended funds to D%. e. This • grant award is subject to the policies prescribed in 0' Circular A-110 dated July 30, 1576, and the U.S. Department of Energy Assistance Regulations. 2. Rpprrtirr Prot- Seehnica} Pe ror--a ce. a. trecaeorr. Verformance reports will be submitted in the ILO - uen:'y indicated on the fare pate (quarter}). and final, or final only). final reports must be submitted no later than p0 days after the expiration date of the grata period indicated on the face page. • A. Co fes. Doe copy of the reports shall be submitted to the CraA;s Office: and three copies to the D.1L Prograc officer at the addresses dedicated on the face page. ' Appendix E Page 16 of 24 `1- ' to Content. The report content will be that pretcribed in W..3 Ci:cul's'r`A-110; A:tachzent Ii. d. lubl____ ieatioat of_re_lte. - Ac'kc.r;e~jetient'ftettmrnt. Craatees tap publish the _ results of their work. li)wtvar, publications •an! reports prepared under this grant shall contain the fbllovint s:kaowledtezent statetaent, "Ihis (material) vat prepared with the support of the- Npartment. of ' EnergT ME) Grant W. . lbviver, any opinions findiats, eonciussons, or reco=ends- tions expressed berein are those of the author(s) and do not necessarily reflect the views ai DD-..*' 3. A dditionel fundirr supperr. The requirements at. procedures for requesting additional fundict support are sec for:h in ERDA Federal, Assistance Manual, Chapt.,,9. 4. Suspeation and te.minatiea. W.: grant may be suspended or teroinsted in accordaace u th the policy prrtcribed by 0105 Circular A-110, Attachment L and the procedures se: forth in the DOE-AR 600.1140 S. -avel 7. Domestic travel is an appropriate charge to this.grant,•and prior authoritsifon for specific trips is act requirej. foreign travel Must bt eltarly essential to the grant effort and must, to be efarred against this grant, have prior expli:it approval of the Crants Officer regardless bf its,inclusior. in the approve: gra-t bue!tet. The traatee street to use U.S. Flat Sit earric: s to the mpaxim = extent practicable when international air transportation beeoees necestar,r under this grant. Lxcept as otherwise provided in thr applieablc cost principles referenced in Provisior. b., the Iifferenee in cost between first-class air accoamoda;font and ecooo=y class accocodations is uoallovtble. Appk,~tdix E Page 17 of 24 6. Allava.le-costs. Allowsbili.ty of tosts shall be detert: bed in accordanee with., ;OMB Circular 4=21for F,duts:ional ltstitutic",'OT the'Faderal• rT ot1 Tlr_-4t P.e Sul a; ions $u: part 1-15.2 as suppI ta'eat*4 by *ZKDA Trporary Procurezent Reg*uTatiot:s ka: 25 for nonprofit o:tanisitio.s. ZLe extent of cost sharing, -if any,. is indicated on face Pate. S1•.e• toit.prittiplet applicable to hospitals will be VM.0 73-8, Ai CFR 1-15.2; or 41 CFR :-:5.7.d~pe~dici en whether the b_ospftA).is elassi- tied as an educatiocal ins'itutiom, to-.profit or co=ercial orta:i- satioz., or as agency of a Stste or lo:al gover=ent respectively. 7.• Ret rrion and custodial requirements f.,r records. G:acitas stall retain and percit tz=inatioa of -records as required ' by 0.3 Circular A-110, A:te:h=ent C. 'Parztn: an: financial reporting requirements Pay.ezts by =r will be trade by the sethod indicated or the fa:a pate. Cra:,ter ~e;uests for psren:6 DOr pa}-jea:s, and traatee fftsan:ial reporting requirements shall be ride in accordaa:e with 0.y3 Circular A-110, Attachments I and C as iep:emeated by the DOE- AB- 0600.109 and 60Q.110 9. Property =amar.t_ent standards. Property shall be accounted for and tanaied in accords-.:e vith 0•'= Circular A-110, Atta:hment F as impleaenttd in the DOE-AR 600.116. 10. Patent rit`ts (short fort). V,is clause-it applicable utless a patent waiver is granted: (a) Definitions. (1) "Subje:t znven:ion" ataas at:y invention or discovery of the Crantet Conceived or first actually reduced to practice is the course of or under this Cran:, and includes any art, oethod, process, sachinc manufacture, design, or eonposition of natter, or any uew and useful izproveatnt thereof, or any variety of plants, vhether pate:ted or vnpa:ented, under the Taten: Lava of the United States of a:meri:s or soy foreign country. (2) "Patent Counsel" sears the DOt Patent Counsel assistiot the procuring activity. U.S. Dopartment of Energy Office of Patent Couneat David S. Zachry, Chief P.0. box L Oak Ridge. TH 37630 Page 18 of 24 (b) Inveatioa disclosures aid report a. (I)' The • Craitee"shall furnish the patent Caur.sel (with aotifi-• catiot► by Patent Counsel to the Grants Officer): (i) A smitten report toattizint full and eo=plete technical infomatiou eonceinitt each Subject laveatioz Vithin 6 saanths after toacepfio: or first actual redo.-- : •tion to.pratt(ce whichever occurs first in the course of under this tract, but in any event prior to any oo slit, publi: ese, or public disclosure of such ir,veation knova to the Grantee the report shall identify the trantr and inventor and shall be sufficiently c plete in technical de:ail and appropriately illustrated by akrtch-or-Aiagra. to convey-to one -skilled is the art . _ • . to vhitb the invention pertains a clear ua:erstazdia; of the nature. purpose. opt:atio~. atJ•to the•sxteat mown. the physical. cheaical, biological, or electrical cha:a:ttris:ies of the invention: (ii) Dpon saquest. but not store rba-3 annually, interim rtpnr:s o= a =_-approved for= lit:ing Su~jett Zaveztions•faT that perioe a-:d certifying that all Subject Inventions have keen dis:lostd or that there were to such iaven:ions; and (iii) A final report an a DO: approved fore vithi'n 3 sanat,hs after eorpletion of the trant vork lis:ing all Sub- ject Inventions and certifying that all Subject Inventions have been fisclosed or that there were no such inventions. (2) the Uraatee strees that the Coverataez: Day duplicate and disclose Subject loven:ion disclosures sod 411 oche. reports and papers furnished or regared to be furnished pursuant to the contract. (e) Allocation of principal rights. (1) Assignment to the Government. . The Grantee agrees to assign to the Governeett the ets:ire • ritht, title, and interest throughout the world in aed to each Subject Invention', except to the extent that. rith:s are retained by the Grantee under paragraphs (c)(2) and (d1 of this clause. (2) Greater rights detereinations. The Craltee or the a_ ployee-inventor with authorization of the Crantee. s:a? request greater rights thar. the nonexclusive license -an;! the for patent rights provided in paragraph (d) of this clause on Identified Inventions in accordance with the procedure and criteria of i1 CFF6 , 9.9.109-6. A requrs: for a detprcination of whether the Cramer of the eaployee- Inveator.Is entitled to retain such greater rights Must b%: vubeitted to the Patent Counsel (with notification by l4+1er.: Counsel to the Crants Officer) at the tine of the first Page 19 of 24 di'aclosure of the invent ioli opursusnt to paragraph (b)(1) of this clause or not later than P "Mar after eoneep:ibn or first Actual, reduction to practice, whichever occurs'.. 'first.~or such longer period as may be authorised by the patent Counsel (vith,motification by patent Counse?.to tfie Grants Offietr) for good cause shown it writiej by the Granter. - Tbe•informs: Ion to bt%Nsubeitt►d for a treater sights detrrmination is specified in deg CYR 9-9.20p4(e). Yd) liinimum rights to the Crastte. The Crantee rtserves a revocable, t♦onexelutive, os{d-up 2iceose iti ta:h parent applidatioa filed In' any country on a Subject lndention and any resulting patent in which the Cover Ne'0t &:quire title. Revo:btition shall be in a:cordan:e with the ,fro:rdures of paragraphs' (e)(2) and (3) of the clause is yl aR 9-9.107-5{a). (e) 'Employee and sUbcontrscCor atree=vZ:s. _U-.less other- vise authorized, it. writit& by the Grants Officer, the Grantee shall: (I) Obtain patent streezents to effectuate the pro- visions of t:.s Patent RitSts clause fro= a21 persons who perfort nay Bart of the work uadar this grant except tlon- trthaieal personnel, such as ele-ical employrrs and manual ' laborers. (2) vtslras otherwise authorised or directed by the Grants Officer, the Grantee shall include tft Parent Rights clause of 41 CFA 9-9.107-5(a) or 41 CFA 9-9.101-6, as appropriate, modified to idea:ify the parties its any sub- contract hereunder having as a purpose the eoadu:t of restarch, developrezt or de=pnstra:ion work; and (3) Pro=p:ly 01tify the Crants O:ficer it writinj upon the award of any subcontract containing a Pa:eat Rithts clause by identifying the subcontractor, the work to be performed under the subcontract, and the dates of award and estieated eo:pletion. Upon the request of tine Grants .Officer, the Grantee shall furnish a copy of the subcontract to such requester. - (f) Atonic energy. (1) xo claiz for pecuniary award of or eo= pensatioo under the provisions of the Atonic Energy A.-t of 29546 as amended. shall be asserted by the G-antet or its employees with respect to any invention or discovery code or eooceived in the course of or under this gran:. (2) racept as otherwise authorised In writing by the Crants Officers the Crantee vill obtain patent agreements to iffec:•twate the provisions of paragraph (f)(1) of this elruuse, Iron all persons vho perform any part of the work ur.der this contract, except oontpchnical personnel such as clerical employers and manual laborers. ` Page 20 of 24 + . (i).Publicat~oa. . to order r-hat infort:acroa e6nceinin9 stientlfie of tcch2iesl develop sent* conceived or first actually reduced to practice in the course of or under the contract is not prins:urely,publlshed so at fo adversely affect patent interest of DOE, the Contractor agrees to sub-.It to'the latent Counsel for patent review a copy of each paper 6D d&vs prior to its Intended publication' date. The Contractor may publish such infotaattor after expirt;,ton of a 60-day period -following such 'sub:Ission or prior thereto if sj,ecifieally.approved by-the Patent Crounsel, unless tht - Conttattoe is Woraed.in writing within the 60-day pe:iod, that id order to proe~ct patentable subject matter, publitition rust further be delayed. In-this itvent, puhlication shall bt delayed up to 100 days beyond the 60 day-period or suEh,.1on1%: period as mutually agreed to. 11. :Xirhts •rr7e:hnital Data • Short To-c. Der it:oas. 2be•de:iz~tions of [eras set forth is 41 CrR 4-9.201 apply to the ezteat these term are used herein. b. Allozation of rit!ts. I1) The Goverrzeat shall have: (i) trzli=ited sight[ is te:haital daft first pro- or spe:ifically use: in the perfo:zaz:e of this grant; (ii) the right of the grants officer or bit zepre-. sentatives to it:spe:t at all reasonable ti=es tip to three years after final ps;Zent under this grant all techaacai data first produced or spe~ cifitally used in the gra-t (tor wLich irippctioa the grantee or its subcontta:tor shall afford proper (amiIities to D00; .nd (iii) the right to have &.%y technical data first produ:e= or specifically used in the perfor=sa:e of this grant delivered t, the Covernneot as the =rants. officer say fro= tide to time direet during the protress of the work or in any event as the grants officer a}.all direct upon completion or tereir.ation of this grant. sasar • - Appendix E ` Page 21 of 24 ) The Crantee shall Ewe: She right to use for its private.purposess subject*to patent, security or other proviszoas of this giamis technical data it first V!roduces in the performance of this grant provided thse dsto req:+iresents of this =rant Gave been met as, of the date of the private use of such data. The Grantee agrees that to the extent It tee•is•er or is a•.er. acsxas tr proprittary.da:a or other technical. business or financial data in the form of recorded informstion froci D0: or a DOE contractor or subcontractor, the grantee shall treat such data is accordance with any restrictive legend contained' thereon, anless use is spetifitally authorized by prior written approval of the giants officer. Coprirhtrd tisa:eria7. . (1) The Grantee arrees to, and does hereby grar.t :o t*e Govern- seat. sod to its officers, agents; servants and e=ployeas s:eing within the scope of their duties: (i) a royalty-fret, nonexclusive, irrevocable license to reproduce. translate, publish, use, and dispose of and to authorise others so to do, all eopyrigh:able na.erial.first produced ►d- tozposed in the performance of this grant by the grantee. its a:ployees D'r any individual or toacern spexifi:ally employed or assigned to originate and prepare such arterial; acid (ii) a license as aforesaid under.any and all copy- righted or eopyrigh:able works not first produ:ed or ecv~rosed by the grantee in the pert*man:e of this grant but whim`: are incorporated in the ssterial furnished under :he grant, provided that such license s'hall be only to the extent the grantee now has. or prior to cr_pletior. or fins; settlement of the tract may acquire, the riiht to grant such license without Ueconing liable to pay compensation to others solely because of such grant. Page 22 of 24 (2) The Grantre agrees that it will hot icnor:ajIy" acltsde sky taterial copyrighted by others In nay written or topyrightable e a trial fuzaished or.delitered under this grant without a license as provided for in subparagraph MUD be:e4f; or VitSout the cjnneat of the copyright owner, unless- :t obtains specific written approval of the grants officer for tle inclu- sion of such top. ighted •a:erial. 12. AuthoriVation a=d totsent. 6.e Government hereby gives its suthoritatioa and co:sen: for all use aDd =a:.wfscture of any invention described in and covered by a patent of the United States in thv perforrance of this tontri:t or any pars bereof or any aaeadment hereto or any subcontract hereunder (including all to + r-tier suscoairscts). 13. ]qptice snd Atfiitance Retarding Paten, an' Copyrit`+t Infringement. The provisions of this clause shall be applicable only if the az» nt of this grant exceeds $10.000. a, She Cra`tee shall report to the grants officer. pro_,:ly and is ressona..Ie written detail, ea;h notice or claim of patent or copv- right infringement based on the perfort:ance of this grant of which the rrantee has knowledge. b. In the event of any claim or suit Against the Goverrmen: on accou:.: of any alleged patent or copyritht infringement arising out of , the performance of this grant or out of the use of any sup;:ies furnished or work or services performed hereunder. the trar.:ee shall furnish to the Government when requested by-the tracts officer. all eviden:t and information in possession of the grantee pertaining to.such suit or claim. Suet. evidence and informarion shall be furnished at the expense of thr, C~vernner.: except where the grantee has agreed to idennifs the G-evernc+en:. e. This clause shall be included in all subcontracts. 24. Classified inventions, Me of the clause of 41 C1t 9-9.106 in accordance with,DoE"AR AAA. 82 (q) i q~pen 11x E Page A of 24 lS. 3teportint of royalties. 2[ thin, =rant is is an amount vhie~ exceeds royalty pant atI are directly involved is Lh$100000 =d if joy 'seilected io the trans Price to the Covernmenttrthe oraotte a=reas to report in vrii=at to the ' patent counsel i h - tatioA by Pateat Counatl to the grantsofficer)duriotthetifi- "rfornance of this tract and prior to its coeplttion or fi:a1 se•tleatat the am.~uAt of any royalties or other payments paid or 10 be paid by it directly to others is connection with the ".-formante of this =rant to:etser with the names and id:rrrstls of lietasars to vho such payments are nade and ' +either the _Pa:eat 3)=bers' inval wed or su:h other ia:ortation 'as 110121 ?eMit the iden:ificatiot of the bAsiz oa vhich the royalties are to be aid. The ~apps or oval other -Z of any itdividual payments or royalties shall not stop the Covert- Matz! a= A5y time :roam contesting the enforceability, validity or r,cco of, or title to, any patent under vhich a royalty or ►`ayzen:s are aide. 16. Trocu:wement standards. Cranttkt pro:ureaeats are subject to the requirements of 011.", Circular 1 A-110, At to:Fze:t 0. 17. ttvisfon of finaricial Grant activity under this =rant is subject to the requirements of pY-E Circular A-110, Attachment J. 1a. ?re, ram income. , Frojraz into." is subject no the. A-110, Attachment b. policy Prescribed by 0!'3 Circular 29• Statutory requirements. • a. Civil rii hr This grant is subject to the Civil stight's Act of "t a Yv, Sex Discri=1natioa, of the Ioersy keotttnisatton Act of 1974; and the isspleeentieg V6E regulations In 70 C1s., Chapter 7I1, tart 704. The yea-,tae &DTWOa that too a^ the of ramr a g'°n:an in the lhita: tita:as %`.all, 03 0 rtsr, PArt.laiNtior~~° Il,k;rdoprl%4n~ U)t t,wr,~tA of# or jbo nth MMS MWbJ0,c-twtit to diaorlydriiit on tinder stn y- rcrdrar• Or •t JvI XXM,3• tam: w4~iNe th► grrwilae rt,.~Iva► i'Sniu►r.~~a a,~+,tait or a ' Appendix E - page 24 of 24 ID :;-.is 7=31: is rabjr to the p:tnzsioas of the V `,As uteticn- A.t: as ""Ms Public Ia: 13-:12. T-* grwit& llrrefore sus . the `)b othe.- visa qu4ified hw%ii=Ppe: in.&M. to the tk-,itrd States (es d:•fimd in section 1 (5) of the A•yt) i Wial.l - ' solely by reascm of his. hez.'..icap, be. ex_luda! fr= V* puti. G pition in, be dwnUed the Jxr.:its of, or bt subje:tAd to • r~'.s:^:,r_:.a:itn u~-~ cy p.-tx-:a;- a- ~-~,.ivity rexiv3s►; ~rrl /Y~i-~z al tssisaZx.• e. Cle: n air - tlemi `z~.&i If this g+•a-t is mote S1DD,DoD, it is sLje:t to the prwizia: of the Cle_n Air A=, as ate: tit t5C 1E57 et: see.,} :hx Ft;:rtl Water Pollsrticn C t of A:t, as wm.-Zad (33 1:5.'•125: t.: se;. DK_&cvtive D:-dft'r 21738, Se;Y'Le--be." 1D, 1473, ar: the t+:la re-:laticss of tj`ti? D%** rvre-tal Pro- ta: U cr.. Ar.-= • is 40 M -j% Paz-t 15, as irpl e t is~ t'x 1R3era: Assista-oa!•iwiual, Serti m 216. 20. Me:: Sties a.-' lasts. LCE ss mas tso 7.i a_Ultj► with zerpec : to a-t; dr-b xs r:: lor: s t'•isir; v : of VT &=ivities w4ertakw. U-ith the fitL=i l of this r-a-• 21. Delegation Notification Selected administration functions of this grant.vill be,delegsted to the agency listed below. The grantee is hereby requested to subtiit siaaltaneous Copies of corsespondeace to DoE and the cognisant administration agency as applicable. Office of Ntval Research, Resident Representative Room 582 Federal Building 300 East 8th St. .luetin, TX 78701 22. Material Inspect:14Rr and Receiving Report ln;structions.(Fab 1980) •At the time of final deldvery of supplies or services under this' .grant, the grantee shall prepare and furnish to the Govnirment a Material rnspeetion and Receiving Report in the manner and to the extent required Mby the "Material Inepeotion and Receiving Report Instructions attached to this grant as Appendix D. • ~1 Z~~ ~~~p . ~ ~y L • ~ ~009 J NO. AN ORDT:• AXCE CALLING AND ORDERING AN ELECTION TO BE HELD IN THE CITY OF D1iNTON, TEXAS, ON APRIL 4, 19819 FOR THE PURPOSE OF ELECTING F611 COUNCILPERSONS TO THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS FOR PLACES 1, 20 3 AND 4; PROVIDING FOR VOTING q PLACES AND ELECTION OFFICIALS; AND ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM ADOPTED BY DENTON COUNTY BE USED IN SAID uLECTION. i THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:, 1 P SECTION I. Pursuant to the terms and provisions of Section 3.01 of the { Charter of the City of Denton, Texas, the regular municipal i election is hereby ordered held in the City of Denton, Texas on s. 1 the 4th day of. April, 1981, for the p:irpose of electing four (4)j councilpersons to the City Council of the City of Denton, Texas, as follows: Place No. 1 - Councilperson to be elected for a two (2) year term by the qualified voters of Single Member District No. 1 of the City of Denton, Texas. Candidates for Place No. i must reside in Single Member District No. 1. k= Place No. 2 - Courcilperson to be elected for a two (2) year term by the qualified voters of Single Member District No. 2 of the City of Denton, Texas. Candidates for Place No. 2 must reside in Single Member District No. 2. Place No. 3 - Councilperson to be elected for a two i (2) year germ by the qualified voters of Single Member District No. 3 of the City of Denton, Texas. Candidates for Place No. 3 must reside in Single Member District No. 3. Place No. 4 - Councilperson to be elected for a two f 1•,; (2) year term by the qualified voters of a„ Single Member District No. 4 of the City of Denton, Texas. Candidates for Place No. 4 must reside in Single Member District No. 4. SECTION II. The polls for said election on April 4, 1981 shall be open ; from 7:00 A.M. to 7:00 P.M., and the election voting places or polling places shall be as follows: ELECTION ORDINANCE - PAGE 1 1~. i f R','K~-~ ~ -ter rq.., s. . -.~r.r ....~,~......rc r.+.-.nw 't a .s j 1. All qualified voters residing in Singlt Member District No. 1 shall vote at: AMERICAN LEGION HALL 629 LAKEY STREET DENTON, TEXAS d 2. All qualified voters residing .in Single Member District ' No. 2 shall vote at: TRINITY PRESBYTERIAN CHURCH 2200 BELL AVENUE DENTON, TEXAS xg 3. All qualified voters residing in Single Member District No. 3 shall vote at: NORTH LAKES RECREATION CENTER - 2001 WEST WINDSOR DRIVE i DENTON, TEXAS 4. All qualified voters residing in Single Member District :I No. 4 shall vote at: DENIA PARK RECREATION CENTER 1001 PARVIN "p ' DENTON, TEXAS SECTION 111. i The election officials for ,aid election on April 49 1981 shall be as follows: 1. (a) Lee Knox shall be the Presiding Judge at the Central' Counting Station.° (b) Joann Garbacik shall be the Manager of the Central Counting Station. (c) Marilyn Robinson shall be the Tabulation Supervisor at the Central Counting Station. x• 2. Joe Luker shall be the Presiding Judge at the American Legion Hall in Single htmber District No. 1. 3. V. W. Martin, Jr. shall be the Presiding Judge at the. Trinity Presbyterian Church in Single Member District No. 2. 4. Lee Knox shall be the Presiding Judge at the North Lakes Recreation Center in Single Member District No. 3. 'r S. Bob Miller shall be the Presiding Judge at Denia Park Recreation Center in Single Member District No. 4. ik +n, 6. Brooks Holt, City Secretary shall conduct absentee voting tinder the Texas Election Code. The respective Presiding Judge of each voting Place and the Central Counting Station shall he authorized to appoint a 4 ` gar, I ELECTION ORTIINANCB PAGE 2 a'lr~~r~'~ 1 ~'t{'b ~-f` I+C S{( r -ac; v.r y :.c♦ s ^s:.. r+77 Tr,.: ,x , r 0 sufficient number of Clerks as they may deem necessary to assist f'• r them In said election, including bilingual assistants as } required by law. SECTION IV. Absentee voting shall be conducted by the Office of the City Secretary in the Municipal Building on East McKinney Street in the City of Denton, Texas, and the polls for absentee voting 1 shall be open for voting in person between the hours of 8:00 A.M. and 5:00 P.M. Monday through Friday during the times allowed for absentee voting. SECTION V. { The City Secretary is hereby authorized to prepare the j official ballot for said election and perform each and every act E required by the Charter and laws of the State of Texas for holding elections.` SECTION VI. It is °urther orr'ered that the punch card electronic voting system adopted by Denton County be used in said election in accordance with the terms and provisions of Article 7.15 of the , Texas Election Code. y PASSED AND APPROVED this the /7 -day of /;4r %4.r 6-7 A. D. 1981. E, CI 0OF DE TON, TEXAS ff aE,, ATTEST: CITY OF DENTONj TEXAS APPROVED AS TO LEGAL FORM: C. J, TAYLOR, JR., CITY ATTORNEY CITY OF DENTON$ TEXAS < 9Y: , 7 ELECTION ORDINANCE - PAGE 3 r ,1,7,'v' ~,t±~i\r'~•R~'~°n~T~S ~ r ,nA•~,S~~~T~~~'~S'n ,"'C^'}/.t~'`:T !T~'y~`~v'~K!'}~}9~~~1y1:~~~E,~~irA E V 1r ~.,r~y + t N i ,;;~Tt .f,. '~t.ti S '`t w L ! 1' 1 ~,f' 5 i y,j 1 W ~ p T 1 J'1~ ~rp'1 ~ rt'~ ~ Y h ~Y ~ ~ ~ .yn1 J~l rY~'~~.'~{4i:~ !"'~'T'~~ ~ E~'R~~r❑~~ ~rt 4,';'r~y1'~j h~th ~?~1~~~11;~~~~~~~4}i.~ hb Z O n ~ 000 t` n .j 1Yif I ,YI f Af ~t~r Y 1 F 1 Pv t t b'~~t ~P 12 ~c •n, •.i', r'.r ~ i` ~1~.~ti f 7, 7 f a ri t 11X fI y 1 Jai. M f -i,~ I 1 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-19 AND AS SAID MAP APPLIES TO 420 SOUTH CARROLL BOULEVARD; MORE PARTICULARLY DESCRIBED HERBIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION Ir The Toning Classificaticr. Pad Uaa d~isignt+tion of the following } described property, to-wit: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, being known as 420 South Carroll Boulevard in the City and County of Denton, State of Texas; is hereby amended by amending Ordinance No. 77-55, Condition (b) to € read as follows: "(b) The limited retail area shall be for Neighborhood Service retail uses, and the off-site sales of beer and wine and gas sales in conjunction with convenience store. Gas Islands will observe building setbacks, and a quick copy tenant shall be permitted." The Zoning Map of the City of Denton, Texas, adfopted the 14th day of January, 1969, as are Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, be, and the some is hereby amended to show such change in District Classification and Use. j SECTION 11. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. ' That this ordinance shall be in full force and effect immediately after its passage and approval, the required public ~f hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after E; giving due notice thereof. PASSED AND APr.;OVSD this the 7 day of , 1981. k e 'hWARTO MA l 044 L CI OF ENTON, TEXAS ATT BROOKS HOLTt CITY 6'1'JQFY CITY OF DENTON, TEXAS ! APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 4 t . BY: Y~ f, 77 ~..A ~T'~~''~ 'f~1 'A.A' ` ' C ~ .;r 1. f _i ~ilY1~WY~rorr ~ 1 ~rM~ aY~ 1 r 1 r ~ r ~ r ~ 1 ' Jv 002 1 y . Af 0691, Y M1 I-V t r'l'n+~~r~,~, ~/'~N ~ i'x) C# t;"~~( ~`i~4 d~, n .°,~l t''~'4 , r J' e r#1 , I 'p ^ L. ~ LS 7 ,',p r,~ ,k r rlf~, 4 i,i, f~ p~1 1 1p d@ n r .u ~f 1. rw ~ 1, t Z , k NO AN ORDINANCE AMENDING THE ZbNING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP r•I' APPLIES TO LOTS 1 & 2 BOLIVAR NORTH ADDITION TO THE CITY OF DENTON DENTON COUNTY, TEXAS) AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. i The Zoning Classification an:; Jse designation of the following dcauribea property, to-wit: ` Lots 1 & 2 Bolivar North Addition to the City of Denton, Denton County, Texas; located on the east side of the s street in the 2600 Block of Bolivar Street in the City of " Denton, Texas; Is hereby changed from Single-Family "SF-7" District Classification Use to Two-Family "2-F" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. The Zoning Map of the City of Denton, Texas, adopted the 14th day of ti January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No 69-1, be, and the same i~riwl hereby amended to show such change in District Classification and Use. SECTION II. `r That the City Council of the City of Denton, Texas hereby finds q, that such change is in accordance with a comprehensive plan for the C' ' purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the ,t buildings, protecting human lives, and encouraging the most of appropriate usej3 of land for the maximum benefit to the City of r«U Denton, Texas, t,,d its citizens. w k SECTION III. That thfu ordinance shall be in full force and effect immediately &~ter its passage and approval, the required public f hearings having heretofore been held by the Planning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. ~Ld PASSED AND APPROVED thia the / 7 r day of 1981. ✓ ► D. IC RD O. ST W~ T, MAYO F CIT OF DE TON, TEXAS ATTES KS HOLT, C TY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORMS P C. J. TAYLOR, JR„ CITY ATTORNEY CITY OF DENTON, TEXAS t P. `r. By l Z-1470-BOB MILLER f[F'`'' as+ "P4e.`~b'ti 1'~l,.ftJi, ,'1, 3486• r:3^.; • r-,~ t i'A '{A' \ .fi'j: lA Ts :C is r;cl •S 1.a.F .f. . . 1,,1•, .~u ~y ;~rA'4ti'.r ~ •5' - :~1^*~ 'r.!;tT~W;:-- 1T}!{',• i;L ~ . , . • • f i 0 n O 3 ~ ~ ~ ~ 4~' :y L,'k; t .LI h ~'`~a~W p<AA + " ~.+a"Z• "re" +e i'C. y .•~A FO a dtt r f rY + I d2~ C y' q T tit r,:~t F l ~r J4` S~ +u~n i~ f ~YLtiY h"~"~'4~4r~1 ~')Y~4rY~4 Y r' II, I ri, ri 14 l~ Y 4 fi r__ ,Sr to 1 J r. r J Y~1`1~ki, rl .w ti:0 `t't ~ 1 ~ ! r i ' + ."fir li 4~' t ~ 4Y q, ~ '4i A~ r ~T~k Q . ^ r r n "T-! Y ~ .JW'y.yY~r Y r ~ Y~ ~ 44r r tit n~ ~ G~ i tt'prY . r 1r • Y..C ~ i ,Ji ~ (JW ~^~r1~~M1i c•~r', jq NO, fI 4nY'p AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, Y' AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THEi CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AND AS SAID MAP APPLIES TO APPROXIMATELY 1.8 ACRES OF LAND, MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE, CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I. The zoning classification and Use designation of the following described property, to-wit: All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, and being j part of the B.B.B. & C.R.R. Company Survey, Abstract No. 141, and more particularly describeu as follows: BEGINNING at the intersection of the centerline of Interstate Highway 35, with the centerline of FM 1173; THENCE south 890 39' west along the centerline of said FM 1173 a distance of 500 feet to a point for a corner said corner lying on the existing city limits boundary line as established by ordinance No. 69-40; @@ THENCE north 00 44' west along the existing city limits boundary F line passing at 50 feet the south line of a tract of land as conveyed to J. E. Corbin and wife to Roy A. Cunningham by deed dated 1 February 240 1956 and recorded in Volume 419, Page 369 of the Deed 77 Records of Denton County, Texas and continuing north a total distance of 299 feet to a point for a corner lying in the north line A ry`: of said Cunningham Tract; THENCE north 890 39' east along the north line of said Cunningham tract passing the east line of said Cunningham Tract at 317.5 feet and continuing north '19° 39' east a total distance of 500 feet to a point for a corner lying in the centerlfne of Interstate Highway s 35; THENCE south 00 44' east along the centerline of said Interstate Highway 35 a distance of 299 feet to the place of beginning and containing 3.4 acres of land, more or less, which includes street right of way adjacent to a 1.8 acre tract of land.` is hereby changed from Agricultural "A" District Classification Use to Commercial "C" District Classification and Use under the Comprehensive zoning Ordinance of the City of Denton, Texas. The f, Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 19691 as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, be, and the same is, Y hereby amended to show such change in District Classification and Use. gel SECTION II. fP That the City Council of the City of Denton, Texas hereby finds that such change to in accordance with a comprehensive plan for the purpose of romoting the general welfare of the City of Denton, Texas, and w th reasonable consideration, among other things for the "E character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of th 2- 1471-FRED W. VAUGHAN {;c ~i ~~'•fnyl,w•-nr~t Al+t~w'}wraF€T'°.~mf+wvs +w+pgyvnt++qc•-y.^y"wy,«r.nr.l~.~t.~k + ~r.~, V'r ~!4~%Yr'S`~e ?h1~'. ~ ~Mi a~a;~1 r~VrT1 Ra~~4 ~~~"tk'Q; `,k r'Y~ •i~'~1~Y V6'1°'~y5~`~~.`J ,RL.\'1 h^~-~iaa ~Y.ve"r4'^~tTPq' `PYAC./T.,. ti buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. SECTION III. ."j. That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Panning and Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof.'- : .r , A. D. 1981. PASSED AND APPROVED this the ~;IC aay ANTONfTETXAAS~ RD A CIT OF ATTESTi ~L I _'X-Z4~7~ 44KS HOLT, CI Y SECRETARY CITY OF DENTON, TEXAS j APPROVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS R`.of { r BY. rss.. a _ d` 1. i r: 'a t . Z-1471-FRED W, VAUGHAN r as .rte 1 1 o irr, ~ iC rye i.. d T r Iti t z zzA ` YM,~1',x FKk %i '+~Uytiit~~,~~ r Y 1 ~r I G, r r . NO. ` AN ORDINANCE DESIGNATING THE BELOW DESCRIBED LOCATIONS AS HISTORIC LANDMARKS UNDER ORDINANCE NO. 80-30 (ART?CLE 28A OF THE COMPREHENSIVE ZONING ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Historic Landmark Commission and the Planning and Zoning Commission of the City of Denton have recommended that the property herein described be designated as historic landmarks in the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TBXP,S, HEREBY ORDAINS: SECTION I, f 1 The following described locations shall be designated as t historic landmarks under Ordinance No, 80-30, Article 28A of the Comprehensive Zoning Ordinance of the City of Denton, Texas: 1. H-14 610 West Oak Street 2, H-ZS 1819 Bell Avenue 3. 11-16 818 West Oak Street SECTION 11. The historic landmark designation shall be indicated upon I the zoning map of the City of Denton by the letter "H", and the property herein described shall be subject to all of the terms, i provisios and requirements of Ordinance No. 80-30, Article 28A r of the Comprehensive Zoning Ordinance of the City of Denton, Texas. SECTION III. This ordinance shall become effective from and after its i3 date of passage, r1 PASSED AND APPROVED this th4,day o February, 1981. MAYOR-v NTON, TEXAS i_ ATTEST: CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY; CIT( OF DENTON, TEXAS BY: I - r'r.'it1T+9'1'%74,. R' )ir "r„" a' qw. rr► 1 00 .p gN 40 t 1 a eI r r . r Y,t 4 ~ 1 r + i, ,y y ~4 ,,y { 'r I 1 P.;~~ '~,5 ~y i il111 L qq it. ~~I.. ~F7 ~1~ ! dyye e ~V ~1 y .tlSit t •kh~;~ 1- i rl. \ Y k ! y'.. w• SF i f VY r' ►iA1y e' a {r 1'i,,Ir t t I~ t r a p R 7~ i I i b 4 1 I , r. ~k \ 11 `i 'by, 1~ \ ~ 3 y J N •0. t f 1P~a1 V ~~ry 0..Y\ .L' ~ i j 'l ^v ~ r r :'Y{fT~~ ~ ~ /ifs ' f~P ~ d 1yS1~ ~ titL~r1 e t Al r 1 ~ t'.}. r e p L {Ny S4 t7~ y r}~~j-~~ ~ L. a'~6 y! ~,t .1 I r 1 ^ f 4 }~h ~~j ail. i4'.Of11r T~ li ~.~r f S~ Y v f 9q"r Y n IA \a ~A"Fa Y41;r;Vidy m r 4 1W 1. 1 1 R E S O L U T I O N WHEREAS► on Sunday, April 5, 19811 the Sigma Alpha Mu Fraternity is sponsoring an Art Festival to be held on Fry Street between the intersection of Oak and Hickoryl and eIdEkEAS, the Art Festival is open to the general public of of the City and County of Dentonl and WHEREAS, in order to provide adequate space for the said Festival and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is ne--essary to temporarily close a portion of Fry Street between Oak Street. and Hickory Street from the hours of 9:00 A.M. until 700 l.M. on April 5, 1981. r' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON# TEXAS: SECTION I. That Fry Street between Oak Street and Hickory Street shall be temporarily closed as a street or public thoroughfare of any kind or character r whatever on April 5, 1981 from 9:00 A.M. until j 7:00 P.M. for thu purpose of holding the Sigma Alpha Mu Art Festival. SECTION II. That the portion of the above described streets shall revert back to the City for normal traffic activity immediately from and after 7100 P.M. on April 5, 1981. SECTION III. 4 That this resolution shall take effect and be in full force and effect from and after the date of ' its passage and approval. I' j PASSED AND APPROVED this the 17th day of Fe uary, A. D. 1981. 'j qDNNTOCN, EW ~YOR _i CIT OTEXAS F A'rTES E lw~ B HOLT CIT SECRETARY C OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J► TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS 8Yt jxY - - 4L-ta r'M1r W.•i>{~'T~~J'/}►!NIM.fA iRaTF~i!JiPRG SrfCS'75 J.v •;±y^41..5'1, 1.5'TTiTi'{::iTjr.7':'T'~. r: t'.,i T.L. ,..pl ...i`C..,~ n7.... -.,.~r.L.. v..:3. 26 1'~'''.,d41...?..h4',. AV %JAN lea% O n ns r v / e Y Y ~ f ' w "y;~'kh~ Stf,'J~,'9t i• } ~ 5 ,~ee`R }r~ i, ,1# k '}ir .pt' " y rf 7 i 1, r ~r n Ywt ~4y t?Y'} 't 'fir. Yy F" ~7~1, ✓+~Rk~ .t'ir w ~,iL is P n ; .a 'aH1 sI ~7;, 16r 1 +7" c it, :"I ~~y} e !'c4 I~ J♦ 6 ! vy Y @. P u rev 5"R vSRk l [ ' L Exl a *4 ti, 3 ti i r V.~ di ti a + L ~p t~ 'l: v : l e k S Qs ✓ ~e , .i D e, S t w° ("V ~wy ..,6 *S y 1 '+k; )~~Z ,.i wr i ri c y en 1~ pw w' e ✓Y C+0.~' 'h 1 f1 '~i it T~ t 4 e f.. ~ 1 w +w e t C t y^ ~ i tw '~f4. I N Y v + w Jt! 1 ra 7 r y~l a °i J~e~y~.l,.t r ^fe ipr~' ! , s 1 ♦ { r14 b1~~. \~t)>~cevrt "•,•t' S ! ~cT iw 4 t ,t Y~ rl ~ ck, s e i., g, d i Y + ~ ~ w 1 ,14 ♦ K„ A ~I `y n, ° D a t v'"~1'r pdY'Nw a l'}4''w r Sow ^ ~ 4 y C < t6 t i wep~ t" a ti 14 7 r 1 a " vlRa FY eAYi, r e yth ~y~ 1~ ~5 uN t ! ^I ~ w 15~ w ;~~1. w .7w ~'+R • 1 ti-0; l F k d f .f +5.. . Ia w ~ 'r ~ te),R r{r + cv~ Pe e' w NO. Z__ AN ORDINANCE AMENDING THE ZONING TEXAS MAP OF THE CITY OF DENTON, , AS SA"E WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-10 AND AS SAID MAP APPLIES TO LOT 39 IN BLOCK A. MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. „t THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I, The Zoning Classification and Use designation of the following described property, to-wit: a; All that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, being known and designated as all of Lot 3 in Block A of the Replat of part of Teasley Mall Subdivision, an addition to the ya; City of Denton as shown by Map or Plat thereof recorded in Volume 14, Page 1, Plat Records, Denton County, Texas, and being parts of the C. Poullalier Survey, Abstract No. 1007, and the S. C. Hirams Survey, Abstract No. 616, Denton County, Texas; x is hereby changed from Nighborhood Service "NS" District Classification Use to General Retail "GR" District Classification and Use under the Comprehensive Zoning Ordinance of the City of Denton, Texas. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, bo, and the same is hereby amended to show such change in District Classification and Use. SECTION II. That the City Council of the City of Denton, Texas hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens, SECTION IIi, That this ordinance shall be in full force and effect immediately after its passage and approval, the required public hearings having heretofore been held by the Planning and. Zoning Commission and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the day of fpm ie ~•y 1981. -7-~ r WI 10- 0 VSTRKM CIT OF NTON, TEXAS ATTEST: r 00-01, TZSECRETARY ITY OF DLNTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR$ JR., CITY ATTORNEY CITY OF DENTON, TEXAS n ida-, Z-1468 Robert Parham y { l h b y ~ 3 b 1 v .'Y7i y v y r { 5 V t l Y ?IT 1 1 I~ Sl... t r. S,1 t ~ r L •Z} A 7717 L dpi,.. 4 <i~ 1 ,1 r Y 1 f:±~ ~ i ! ~,.i. 11 ~ ) w, y t y c i C 4,i M "S K IaL h N°5.'im f T~ if ui 1 Y ;,tt ..t ~cw a it. ' v.h 1 f16 1 ~ n~ k^rAwt v@'Jdr eft . b ! A ct r "It t C~V x r ~f 4 .v K.Ki ~ ~ly P ~ ,.t Y T , ♦ 1 1 ! u r 'v a lii dt K _n r,.., t'' r y t ESL a', it ~h t 1 , . bt 1 ~r 1 3, 5! i 1 ~ n NO. ,r. AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS IN ITS ENTIRETY BY PROVIDING A SHORT TITLE; ADOPTING THE UNIFORM PLUMBING CODE (1979 EDITION) WITH CERTAIN DELETIONS AND AMENDMENTS; PROVIDING FOR PURPOSE AND INTENT, APPLICABILITY OF PROVISIONS, DEFINING ADMINISTRATIVE AUTHORITY, PLUMBING INSPECTIONS, CONFLICT OF INTEREST, LIABILITY OF INSPECTIONS, AUTHORITY AND ENFORCEMENT; REGULATING THE INSTALLATION, ALTERATION, OR REPAIRS OF PIPES, FITTINGS AND FIXTURES FOR W ATER SPWfiRAGE cs AND A ANi GHN.IR,.1, aLUMA . tAG,1 IN ALL BUILDINGS AND STRUCTURES WITHIN THE CITY; PROVIDING FOR PERMITS y f AND FEES: PROVIDING FOR ALTERNATIVE REOUIREMENTS; ESTABLISHING A PLUMBING AND MECHANICAL CODE BOARD; FSTABLISHING PROCEDURES FOR APPEAL TO SAID BOARD; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES AND MAKING THIS ORDINANCE CUMULATIVE OF ,r PRIOR ORDINANCES OR PARTS THEREOF NOT IN CONFLICT THEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND DECLARING AN EFFECTIVE DATE. t THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: PART I. i That the Code of Ordinances of the City of Denton, Texas Is hereby amended by repealing in its entirety Chapter 17 of said ? Code Article 1-4 Sections 17-1 through and including 17-29, and by enacting in place of said repealed provisions of said Chapter 17, the following Articles, which shall hereafter read as follows: CHAPTER 17 PLUMBING CODE z TABLE OF CONTENTS PAGE SECTION 17-1. SHORT TITLE 2 SECTION 17-2. ADOPTING UNIFORM PLUMBING CODE 2-6 SECTION 17-3, PURPOSE, INTENT 6 SCOPE 6 SECTION 17-4. APPLICABILITY 6 SECTION 17-5. ADMINISTRATIVE AUTHORITY 6 SECTION 17-6. PLUMBING INSPECTORS 6 S E C T I ON 17 - 7 . DU T 16 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 SECTION 17-8. CONFLICT OF INTEREST 7 SECTION 17-9. LIABILITY OF INSPECTORS 8 SECTION 17-10. AUTHORITY f, ENFORCEMENT 8 SECTION 17-11. INSTALLATION REGULATIONS GENERALLY.......... 8-9 SECTI0 17-12 DANGEROUS 8 INSANITARY CONSTRUCTION......... 10 SECTION 17-13 VIOLATIONS 6 PENALTIES 10-11 SECTION 17-14 APPEALS FROM DECISIONS OF INSPECTORS........ 11 SECTION 17.15 HEARINGS BY THE BOARD 11 t SECTION 17-16 TAGS 4 SEALS 11 SECTION 17-17 PERMIT RIIQUIRED 11 SECTION 17-18 WORK NOT REQUIRING A PERMIT................. 1`1-12 SECTION 17-19 PERSONS TO WHOM PERMITS MAY BE ISSUED....... 12 SECTION 17.20 NOTIFICATION 12 SECTION 17-21 APPLICATION FOR PERMIT 13 SECTION 17.22 BEES (COST OF PERMIT) 13-14 SECTION 17-23 GENERAL VARIANCES 14-15 SECTION 17-24 SPECIFIC VARIANCES 15 SECTION 17.23 REVIEW BY BOARD 15 SECTION 17-26 CREATION l5 SECTION 17-27 PROCEDURE IN REMOVAL OF MEMBERS FROM OFFICE 15 SECTION 17.28 CHAIRMAN; SECRETARY; QUORUM; OFFICE SUPPLIES; POWERS $ DUTIES GENERALLY......... 15-16 SECTION 17.29 APPEAL TO PLUMBING P, MECHANICAL CODE BOARD.. 16-17 a i ARTICLE I. GENERAL SECTION 17-1. SNORT TITLE This Chapter may be cited as the Denton Plumbing Code. SECTION 17-2. ADOPTING UNIFORM PLUMBING CODE + (a) The Uniform Plumbing Code, 1979 F,dition, as recommended by the International Association of Plumbing and Mechanical Officials and adopted at the Forty-Ninth Arnual Conference, SepCe.aber of 1978, is hereby adopted and designated as the Plumbing Code of the City of Denton, Texas, the same as though said volume of such code were copied at length herein., subject to the deletions and amendments enumerated hereinafter: (1) Delete Part 1, Administration :s (2) Amend Section 317(a) to read: (a) No Requirements t (3) Add Section 317(e) to read: (e) All underground lines shall be run in separate ditches except that water and gas lines or water and sewer lines may be run in the same ditch when all the following conditions are met: (1) Ditches are dug at lease 18 inches wide. (2) Water and gas lines or water and sewer lines shall be at least 12 inches apart measured horizontally between outside surfaces. " (3) When gas lines are steel, wrapped or extrusion coated to prevent corrosion. i (4) The bottom of water lines at all points shall be at least 12 inches above the top of the sewer line and the water service shall be placed on a solid shelf excavated at one side of the common ditch. (5) Each line must rest on undisturbed or compact earth. (4) Amend Section 318.2(b) to read as follows: (b) Media - The piping of the plumbing, drainage and venting systems shall be tested with water or air. The Administrative Authority may require the removal of any cleanouts, etc., to ascertain if the pressure has reached all parts of the rt; system. After the plumbing fixtures have been set and their traps filled with water, they shall be submitted to a final test. All fixtures designed to retain water, such as lavatories, sinks, bathtubs, laundry trays, etc., shall he filled with water to the overflow level and shall retain same for fifteen (15) minutes without leakage. (S) Amend Section 401(x) to read as follows: (a) Drainage pipe shall be cast iron, galvanized steel, galvanized wrought iron, lead, cop or, brass, ADS, PVC or other approved materials having a smooth and uniform bore, except: 1. That no galvanized wrought iron or galvanized steel pipe shall be used underground and shall be kept at least six (6) inches (1S2,4mm) above ground. 2. ADS and PVC installations are PAG H 2 7 ! permitted in buildings not exceeding three (3) stories in height. (6) Amend Section 4060) to read as follows: (i) ! Cleanout fittings shall be not less in size than those given in Table 2-3; Cleanouts serving i residential buildings of not more than four (4) family units, where located outside the building in unpaved area- and within three (31 feet of the building exterior wall line, may he terminated six (6) inches below finished grade; and all soich cIec.-ncuts slim, be provided with a brass disk, not less than one (1) inch in diameter, stamped "CO", and attached to the building wall with a concrete nail twelve (12) inches above the finished grade directly in line with the cleanout. Cleanouts located under cover plates shall be so installed as to provide the clearances and accessibility required by this section. Cleanout cover plates in floors shall be two-piece cast brass type, arranged for flush mounting. a C (7) Amend Section 608(c) to read as follows: No domestic dishwashing machine shall be directly connected to a drainage system or food waste disposer without: (1) An approved dishwasher air-gap fitting on the discharge side of the dishwasher; or (2) The waste line from the dishwashing machine shall be looped upward as high as possible beneath the drainboard either internally or externally to the machine and provided with a brass horizontal swing check valve at the point of connection to the sink waste or garbage disposal outlet. (8) Amend Section 80S(b) to read: No Requirements. (9) Amend Section 1003(h) to read as follows: (h) Lawn sprinkler systems shall have a cut-off valve at each point where the sprinkler system is connected to the potable water supply and shall be further equipped with an approved vacuum breaker on the discharge side of each cut-off valve. Each vacuum breaker shall be installed at least six (6) inches above the surrounding ground and in no case lower than the highest sprinkler head served by it. Systems with zone control kt; valves which allow the vacuum breaker to remain under pressure shall be provided with a pressure type vacuum breaker which has been approved for this type of application. (10) Add Section 1020 as follows: Section 1010 Size of Potable Water Piping in Residential and Small Commercial Installations: (a) The size of water service lines to buildings In this category shall conform to Table 10-3. The water service line shall extend undiminished in site from the water motor to the water hector or if no water heater exists to the first opening. PAGR 3 TABLE 10-3 WATER SERVICE L~INE~ SIZES I' NUMBER OF LENGTH OF RUN, METER TO BUILDING FIXTURES 0' - 50 511 - 100 101' UP 1-05 3/4" 3/4" 3/4" 6-10 3/4" 3/4" I" 1 1-15 l" I„ I" 16-20 lit III 21-40 1-1/4" 1- 1/4" zip (b) The size of water piping within buildings in this category, or branch lines connected to water service lines, shall conform to Table 10-4. TABLE 10-4 BRANCH WATER LINE SIZES NUMBER OF LENGTH OF RUN OF BRANCH FIXTURES 0' - 25 26' - 50 S1' $ UP 1 1/2" 1/2" 1/21, 2 1/2" 1/2" 3/4" 3-06 3/4" 3/4" 3/4" 7-10 11-18 3/i" 3/lie lit to 19-40 1-114" 1-1/2" (c) For the purposes of Tables 10-3 and 10-4, any fixture with a f.lushometer valve shall be counted as four fixtures, and any fixture or equipment item other than a water closet, lavatory, sink, bathtub, shower, urinal, service sink, or drinking fountain shall be considered as that number of fixtures corresponding to the lower limit of any fixture range matching in the 0-25' category the connection size to such fixture, (d) Potable water systems serving in excess of forty (40) fixtures, or their equivalent as defined herein, shall be sized in accordance with Section 1009. (11) Amend Section 1201 as follows: Sec. 1201 - General, The regulations of this Chapter shall govern the installation of all fuel gas piping in or in connection with any building or structure or within the property lines of any premises, other than service pipe. All service piping or service lines shall eel installed in accordance with the Department of Transportation Hazardous Materials Re ulations Board Specifications, Subpart H, as written in the Federal Register Volume 35, No. 1610 Part II August 199 1970 or as amended thereafter and as specified under Subpart I, as added August 1, 19716 (12) Add Section 1203(c) to read as follows: (c) It shall be unlawful for the as service to be turned on in any building which gas been damaged by fire PAGE 4 MIN =1 11~~MWW~1111~ Y ~'~AAr~ f M.1~. ~~~-.+M-.~n~.~e en~.•w•~+rsw•..... worw; w+.•w.~ tl ' f without the owner or his plumbing contractor first obtaining a plumbing permit and testing the gas piping in accordance with Section 1206 of this code. (13) Amend Section 1210 to read as follows: Sec, 1210 Temporary Use of Gas. Where temporary use of gas is desired and the Administrative Authority deems the use necessary, a permit may be issued for such use for .a period of time not to exceed sixty (60) ,ays, provided that such gas piping system otherwise conforms to the requirements of this code regarding material, sizing and safety. (14) Amend Section 1307 to read as follows: Section t 1307 - Enclosures and Combustion Air. t (a) No water heater shall be placed more than four. (4) feet and six (6) inches above the floor of the room or closet in which the heater is located. (b) Provide ventilation and comhiistion air supply f openings in each room or enclosure in which a water heater is located. Each opening shall have a minimum free area of twelve (12) square inches. However, appliances of more than 40,000 B.T.U.H. input shall have one (1) square inch of free area per 1,000 B.T.U.H. (c) The method of supplying air shall be as follows: (1) From ventilated attic, provide one 26 gauge galvanized iron alcove through ceiling to two (2) inches above top of joints and with 1/4 inch mesh screen over top end. Also provide a separate galvanized iron duct from attic space as described above to within twelve (12) inches of the floor. Stud space may be used for lower opening provided a suitable box is furnished to connect top of stud space to attic as directed in (1) above and minimum area is maintained. A galvanized iron box shall be installed in lower opening, open at the bottom, to prevent lower opening from being blocked by storage IF stud space is used, f' (2) From outside, provide upper and lower openings screened with 1/4 inch mesh ` screen, of free area outlined in (1) above. Lower openings may also connect to crawl space provided it is ventilated. Each lowor opening method shall be provided with a galvanized iron box to prevent storage blocking. Any combination of upper and lower openings will be permitted. (3) Ventilation and combustion air openings shall in no case be connected to the occupied space in a building. PAGE 5 (b) All plumbing pipes, fittings and fixtures for water and sewerage, and methods of installation shall comply with the requirements of t he Uniform Plumbing Code, de t4 g .79 Edition, and the deletians and amendments enumerated under subsection (a) of this section. (c) It shall be unlawful for any individual, corporation or association to violate any provision of this ordinance. SECTION 17-3. PURPOSE, INTENT AND SCOPE. (a) For the protection and preservation of life and of the public health, safety, property and general welfare of the people, the following provisions are enacted relating to the installation, alteration, or repairs of pipes, fittings and fixtures for water, sewerage, gas and general "plwnbing" in all buildings and structures and on all property now erected, to be erected, altered, moved, replaced, repaired, converted or maintained within the legal jurisdiction of the City of Denton and outside this jurisdiction if the same be connected to either the City water or sewe»go systems. f~ (b) Further, it is the intent of this Chapter to assure that "plumbing" is kept in a say: and sanitary condition, and shall not become a menace to pu'-Iic health, safety or welfare. (c) The scope of the Chapter is to provide minimum safety and health requirements for design, installation, inspection and performance of plumbing equipment and systems, including water supply and distribution, gas, drainage and venting j systems. (d) Existing "plumbing" hereafter altered, moved or converted to a new use or connected to the water or sewage systems of the City of Denton and shall be made sanitary and safe according to the standards set forth in this Chapter. 1 (e) Existing "plumbing" that has been damaged by fire or has become unsafe or unsanitary to such an extent as to be deemed a n1iisance shall be removed, abated, or repaired to conform to the standards of this Chapter. (f) All "plumbing" work shall be done by competent persons working under the authority of permits issued by the Plumbing Inspector of the City of Denton. SECTION 17-4. APPLICABILITY (a) The provisions hereof shall apply with equal force to all buildings, structures, and premises, whether public or private within the legal jurisdiction of the City of Denton and to those located outside when connected to the water or sewage system of the City of Denton. Only buildings owned and occupied by the United States Government or the State of Texas shall be exempt. SECTION 17-5. ADMINISTRATIVE AUTHORITY The administration and enforcement of this Chapter is hereby assigned to and shall be the responsibility of the Director of Public Works for the City of Denton. SECTION 17-6. PLUMBING INSPECTORS The person chosen to perform the duties of Plumbing Inspector shah bo of good moral character, shall be possessed of such executive ability as is required for the performance of his duties and shall hold and keep in force a Plumbing Inspector's License Issued by the Texas State Board of Plumbing Hxaminers. PAGE. 6 v . ./.~w.M-~ Mrs V tiw~1NMM~ W YY F F Y' SECTION 17-7. DUTIES BuilI ding Officiarce t shall bel toeenfoy oth© plumbing inspector under the any amendments thereto and to investigate hipromatler and complaints concerning violations. }fe shall also perform the { following duties: (a) Require submission of, examine and check plans and specifications, drawings, descriptions and/or 11ag•rams as doemed occussary to show clearly the character, kind and extent of work covered by a plications for a permit and upon approval thereof shall issue the permit applied for. ii (b) Prepare the necessary documents for the collection of fees for permits issued and other monies to be ? collected and received as provided by this Chapter, obtain the names of the persons upon whose account the same are to be paid, the date and amount thereof, together with the location of the premises to which they relate. (c) Administer and enforce the provisions of this r Chapter in a manner consistent with the intent thereof and shall inspect all plumbing and drainage work authorized by any permit to assure compliance herewith or amendments approving or condemning said work in whole or in part as conditions require. (d) Issue upon request a Certificate of Approval for - any work approved by him. i (o) Condemn and reject all work done or being done or materials used or being used which do not in all respects comply with the provisions of this Chapter and amendments. (f) Order changes in workmanship and/or materials essential to obtain compliance with all provisions of this Chapter. (g) Investigate any construction or work regulated by this Chapter and issue such notices and orders as provided herein. (h) Keep a complete record of all essential transactions of his office. (i) Maintain an official register of all persons, firms or corporations lawfully entitled to carry on or engage in the business of plumbing In the City and to keep on file a current roster of licensed plumbers doing work in the legal Ij jurisdiction of the City as furnished by persons, Y xa firms, or corporations doing plumbing work. F SECTION 17-8. CONFLICT OF INTEREST It shall be unlawful for the person or persons porformin E plumbing inspections to engage in the business of selling, installing, or maintenance of plumbing fixtures, devices, services, equipment, or materials and they shall have no financial interest in any concern engaged in such business at any time while In the employ of the City. PAGE 7 t~:tla.,kr S:eki :i:15 ' ~MAr9lig4PV4a~i =i SECTION 17-9. LIABILITY OF INSPECTORS ' Where action is taken by the Chief Plumbing Inspector or Chany action shallt be enforce name ofro and on behalf this the City, and the inspectors in se acting ?or the City shall not render thei,~selves personally liable for any damage which may accrue to persons or property as a result of such action ` committed in good faith in the discharge of their duties. SECTION 17-10. AUTHORITY AND ENFORCEMENT (a) The Plumbing Inspectors shall have the authority to issue cit.tions to any person who violates any provision of ! this Chapter. i! I (1) It shall be unlawful for any person upon j being issued a citation to intentionally or knowingly give the Plumbing Inspector other than his true name and address. (2) It shall be unlawful to intentionally or ~ knowingly fail to appear in accordance jI with the terms of a citation issued by the Plumbing Inspector. (b) With the approval of the Director of Public Works and upon advice of the City Attorney, a Plumbing Inspector may call upon the Police Department for aid and assistance in stopping the work or arresting persons who violate any provisions of this Chapter and if proper cause exists it shall be the duty of the Police Department to make such arrests and render such aid and assistance promptly. ,i (c) Plumbing Inspectors, ur presentation of proper ~E credentials during usual business ' ,urs, shall have the right to enter any building or premises of public accommodation in the discharge of their official duties, or for the purpose of making any inspection, re-inspection, or test required by this i Chapter, subject to prevailing law. (d) Each Plumbing Inspector shall have the authorization to; inspect and reinspect plumbing, to prevent the connection of plumbing to City mains and sewers, to prevent the covering up of plumbing which has not been approved, to issue notices or affix them to plumbing or structures, and to condemn plumbing, and shall have such other powers as are provided in this Chapter. SECTION 17-11. INSTALLATION REGULATIONS GENERALLY All plumbing, plumbing fixtures, gas piping, gas fired appliances, and all piping or other elements of plumbing systems shall be installed so as to provide: r (a) Protection of potable water. (b) Disposal of water-borne wastes in such a manner as to insure protection against hazards to health. (c) Installation of gas piping and gas fired applicances in a manner that will insure protection of life and property. (d) Successful operation and performance, and (e) Conformance to the minimum standards as set out in this Chapter. PAG 8 8 6101!717' i r •'•1 /MF.f~MiM~Y.ATeYWe.wMtMryYyI wlPliyw-MIM. PROTECTION OF DENTON WATERWORKS SYSTEM (a) All meters, curb cocks, valves, and meter boxes connected with the City mains and service pipes, including those furnished at the expense of the consumers or property owners shall remain under the direct control of the Department of Public Utilities and it shall be unlawful for any person or persons other than those licensed to do plumbing or those with special permission from the City Utility Department to connect, disconnect move or tamper with any such meter or to turn on or off the water at the curb cock, valve, or meter box in any way except with a regulation meter E brass key. { (b) No by-pass or connection between the meter and the main shall be made, maintained or permitted except upon written permission from the City of Denton, Department of Public Utilities. OTHER CITY ORDINANCES Ordinances dealing with building construction, standards of housing, and all other provisions of the Code of Ordinances, insofar as they apply shall govern the installation of plumbing in the same manner as if such regulations were set forth in this Chapter. Throughout this Chapter references are made to other codes and ordinances wherever applicable. WORKMANSHIP Workmanship shall be of a character to fully secure r the results sought in all of the sections of this E Chapter and same shall he done in a workmanlike manner. PROTECTION OF ELECTRICAL MACHINERY AND WIRING No water or drainage piping shall be located over electrical machinery, wiring or equipment which is readily susceptible to water damage, unless adequate protection is provided against drip from such piping. Piping which is in such position or condition that there exists a possibility that potable water or food, medical, or surgical supplies or equipment may be contaminated shall be relocated. TEMPORARY TOILET FACILITIES Where toilet facilities are made available for the-use of workmen during the construction of any building they shall be maintained in a sanitary condition. rk PROTECTION OF BUILDINGS FROM RAT INFESTATION (a) Upon completion of the plumbing system, holes made 4 't in exterior walls for installation of plumbing pi es shall be filled with a three (31) inch t thickness of concrete or if twelve (1211) inches above ground, may be covered with solid galvanized sheet metal of twdnty-four (24) gauge or heavier. (b) Nor re-Inspection purposes, insanitary conditions shall be deemed to exist if there is a one-half (1/211) inch or larger opening around plumbing in the exterior walls or floors of buildings. PAGn 9 ii V1 ME, M MJWA~w . 4 1 I ~1RYSk~, nMW ~lllll./1~M40Y4i11q.:MY~IR~,.11~s'AAi'•IiTMYSwMM ti SECTION 17-12. DANGEROUS AND INSANITARY CONSTRUCTION (a) Any portion of a plumbing system found by the Plumbing ` Inspector or by the Chief Building official to be insanitary as defined herein is hereby declared to he a nuisance and unlawful. (b) Whenever brought to the attention of the department having jurisdiction that any insanitary conditions exist or that any construction or work regulated by this Chapter is dangerous, unsafe, insanitary, a nuisance or a menace to life, health or property or otherwise in violation of this Chapter, J the said department may request an, investi^ation by the Building Official, who, udun determining such information to he fact, shall order any person, firm or corporation using or maintaining any such condition or responsible for the use or maintenance thereof to discontinue the use or maintenance thereof or to repair, alter, change, remove or demolish same as he may consider necessary for the proper protection of life, health or property; and in the case op any gas piping or gas f. appliance may order any person, firm or corporation, supplying gas to such piping or appliance to discontinue supplying pas thereto until such piping or appliance is made safe to life, j~ health or property. Every such order shall be in writing, addressed to the owner, agent or person responsible for the premises in which such condition exists and shall specify the date or time for compliance with such order. (c) Refusal, failure or neglect to comply with any such notice or order shall be considered a violation of this Chapter, and is declared to be a misdemeanor. (d) When any plumbing system is maintained in violation of this Chapter and in violation of any notice or citation issued pursuant to the provisions contained herein, or where a j nuisance exists in any building or habitation or on a lot which a building of habitation is situated, or any ground under which there is plumbing, the Plumbing Inspector, with the advice and consent of the Director of Public Works and the City Attorney, shall institute any appropriate action or proceeding in any court of competent jurisdiction to prevent, restrain, correct or abate the violation or nuisance. (e) In cases of emergency, when necessary for safety to persons or property or when plumbing or gas connections may interfere with the work of the Fire Department, the Senior Officer of the Fire Department at the site at the time, shall have the authority to immediately disconnect any plumbing, water service or gas service. SECTION 17-13, VIOLATIONS $ PENALTIES + Any person, firm or corporation violating any provision of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Two Hundred ($200.00) Dollars for each offense. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit or an approval of, any violation of any provisions of this Chapter. No permit presumin to give authority to violate or cancel. any provision of this 6haptor shall be valid, except insofar as the work or use which it authorized is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Plumbing Inspector from thereafter requiring the correction of error in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this Chapter or of any other ordinance or from revoking any Certificate of Approval when issued in error. PAOI3 10 L 'I..W.ann.:awTln:.rerlmnFM M.tOti+wwrwww.+MU..xf.41wR 3 t Every permit issued under the provisions of this Chapter workl authpporized by msuchip rmit iscnot commenced with,ini sixty I (60) days from date of such permit, or if the work authorized y such permit is suspended or abandoned at any time after the ~F work is commenced for a period of one hundred twenty (120) days. Before such work can be recommenced a new permit shall be first obtained to do so, and the fee therefore shall be one-half (112) the amount required for a new permit for such work provided no changes have been made, or will be made in the original plans and specifications for such work; anr? provided, further, that such suspension or abandonment has not exceeded one (1) year, SECTION 17-14. APPEALS FROM DECISIONS OF INSPECTORS Any person, firm or corporation aggrieved by any IE interpretation of this Chapter or by any ruling or decision by I~ a plumbing inspector, may within five (5) days file with the Buildin;, Official a petition in writing requesting a review of the plumbing inspectors decision. The Building Official shall personally determine the facts and within a reasonable period thereafter he shall make a ruling in accordance with his findings. His ruling shall be final and binding on all I's parties, provided, however, that appeal may be taken to the Plumbing and Mechanical Code Board as provided in this Chapter. SECTION 17-1S. HEARINGS BY THE BOARD within a period of ten (10) days from the filing of an appeal the board shall hear the appeal, together with testimony of all parties concerned, and render a final decision thereon within three (3) days from the close of the hearing. SECTION 17-16. TAGS f, SEALS Plumbing Inspectors are hereby empowered to attach to plumbing fixtures, equipment, pipes, and other parts of the plumbing system or premises any official notice or seal, and it shall be unlawful for any other person to place or attach such notice, tag or seal or to remove, break, change, destroy, tear alter mutilate, cover or otherwise deface or injure any such official notice or seal. ARTICLE II. PERMITS $ FEES SECTION 17-17. PERMIT REQUIRED (a) It shall be unlawful for any person, firm or corporation to install, remove, alter, repair or replace any pplumbing, gas or drainage piping work, or any fixture or water heatin or treating equipment in a building or premises, swimming pool, lawn sprinkling system, or installation where cross connection might occur, without first obtaining a permit to do such work. (b) A separate permit shall be obtained for each building or structure. (c) No person shall allow any other person to do or cause r to be done any work under a permit secured by a Permittee ' except persons in his employ. ' SECTION 17-18. WORK NOT REQUIRING A PERMIT No plumbing permit is required to do the work specified in the following paragraphs: (a) The maintenance, repair or replacement in kind oft PAGE 11 4L (1) Yard hydrants' and house spigots; (2) Gravity flush valves and float-balls in water closet tanks; (3) Accessible traps on lavatories or sinks; (4) Replacing of plumbing fixtures where no change in "roughing-in" is involved, except that a permit shall '.t .e wired for the replacement of water heaters and boilers. (b) The removal of plumbing from a building or structure or portion thereof being razed when the water lines have been disconnected under apermit ppin an approved manner, f (c) Work Involved In the manufacture of plumbing suppliers plumbing fixtures, plumbing apparatus such as repair, adjusting, or testing of the same in the course of manufacture. (d) Work involved in the setting up for display of plumbing or plumbing fixtures when not connected to supply or drainage lines in plumbing sales establishment. (e) The installation of storm water drains for single family and two family dwellings provided; however, that such installations conform to the requirements of this Chapter. h SECTION 17-19. PERSONS TO WHOM PERMITS MAY BE ISSUED (a) Any Master Plumber currently licensed by the State Board of Plumbing Examiners, registered with the City as a 1 contractor or in the employ of a registered plumbing contractor. (b) A homeowner to make repairs or modifications to a single family dwelling owned and occupied by him as his home and when all materials are purchased by him and all labor performed by him or by a person not employed as a plumber for the general public. (c) Any appliance dealer or employee of an appliance dealer who is acting as an appliance In3tallation man or appliance service man in connecting appliances to existing piping properly installed to service an appliance. (d) Any maintenance man or maintenance engineer, for work incidental to and in connection with the business in which he is employed and who does not engage in the occupation of a plumber for the general public. SECTION 17-20. NOTIFICATION E It shall be the duty of the person, firm or corporation doing the work authorized by the permit to notify the Plumbing Inspector orally or in writing, that said work is ready for inspection. Such notification shall be given not less than twenty-four (24) hours before the work is to bo inspected. Inspections shall be made within twenty-four (24) hours, Fridays, Saturdays, Sundays and holidays excluded. It shall be the responsibility of the authorized by the person doing the work ~ the tests prscribedr In this make Chapter before n will stand } U giving the above i notification, PAaH 12 ~a'+1a►.iavw.tiwic'anvHerxr.,cew+af.rraabtfcrs reervn~.vaorsca~awr ~ 1 SECTION 17-21. APPLICATION FOR PERMIT > (a) An application for a plumbing permit descrihlnR the work to be done, shall be made to the Office of the Plumhinp, Inspector by the Licensed Master Plumber or authorized person who proposes to do the plumbing work. The application shall he accompanied by such information, plans, specifications, drawings and descriptions as deemed necessary or requirod to determine whether the installation described will conform to the requirements of this Chapter. (b) i'rhen the fat,tallatioa as described confotms with the legal requirements and the applicant has complied with the provisions of this Chapter, a permit shall he issued upon j payment of the requirod fee as hereinafter fixed. 3 ~ (c) No permit shall be issued or be valid for the installation of any plumbing or plumbing system which causes a violation of the Mechanical Code, Building Code, Zoning Ordinance, Subdivision Regulations, Requirements of the Texas Water Quality Control Board or other applicable provisions of the Code of Ordinances of the City of Denton. SECTION 17-22. FEES (COST OF PERMIT) i Every applicant for a permit to do work regulated by this Chapter shall state in writing, on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information, ,ertinent thereto as may be required. Such applicant shall pay for each permit issued at the time of issuance, a fee in accordance with the following schedule, and at the rate { provided for each classification shown herein. j Any person who shall commence any work for which a permit is required by this Chapter without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work; provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Plumbing Inspector that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged. For the purpose of this section a sanitary plumbing outlet on or to which a plumbing fixture or 11 Pi may be set or attached shall be construed to be a fixture. The fee for reconnection of existing plumbing fixtures, gas systems, water heaters, etc., which require testing shall be the same as indicated in the plumbing fee schedule. F When interceptor traps or house trailer site traps are installed at the same time as a building sewer on any lot, no sewer permit shall be required for the connection of any such trap to an appropriate inlet Citting provided in the building „ sewer by the permittee constructing such sewer. t When a permit has been obtained to connect an existing building or existing work to the new private disposal facility, backfliillingWeof oprivatensewage disposal facilities abandoned consequent to such connection is included In the building sewer permit. PAGE 13 t W: +a w+r' }4 PLUMBING PERMIT FEE SCHEDULE @ Water Closets First Fixture 5.00 § Next Nine 1.60 each € Over Ten S 1.40 each Water Heaters f 1.60 Lavatories $ 1.60 Kitchen Sinks $ 1,60 Bar Sinks $ 1.60 Slop Sinks 1.60 Bathtub 1.60 o::,er $ 1.60 Disposal 1.60 Grease Trap 1.60 Urinals 1,60 Floor Drains 1,60 Temporary Gas 10.00 Washing Machines 1.60 Drinking Fountains 1.60 Sand Traps 1.60 4 Nose Bibbs 1.60 Septic Tanks 8.00 Lawn Sprinkler 8.00 f Gas 4.00 each Sewer 6.00 each Gasoline Tanks 8.00 'f. Water Service 4.00 Minimum Fee 10.00 iry Reinspection 110.00 S ARTICLE 111. ALTERNATIVE REQUIREMENTS 1. SECTION 17-23. GENERAL VARIANCES (a) The provisions of this Chapter are not intended to prevent the use of types of alternate types of construction or materials not specifically required by this Chapter, but such alternate types of construction or materials to be given consideration shall be offered for approval as sufficient, safe, sanitary, and equal to the standards set out in this Chapter. (b) Any person desiring to use types of construction or materials not specifically authorized by this Chapter shall file with the Plumbing Inspector competent and reliable evidence in support of claims that may be made regarding the sufficiency of such types of construction and materials and request approval and permission for their use. (c) Whenever the Plumbing Inspector finds that any material or method of construction does not conform to the requirements of this Chapter, or that there is not sufficient evidence to ;h substantiate claims for alternate materials or methods of construction, he may require tests by an approved agency as proof of compliance or equality as provided herein. (d) Tests shall be made in accordance with generally recognized standards for the material or construction in . question; but in the absence of such standards, the Plumbing Inspector shall specify the test procedure. Duly authenticated tests by a competent person or laboratory may he accepted by him in lieu of such tests under his own supervision. Copies of the results of all such tests shall be kept on Eile in the office of the Plumbing Inspector for a period of not less than two years after acceptance, (a) Materials and construction which have been approved shall be used and installed In accordance with the terms of approval. All such approvals and the conditions under which PAGE 14 SPP A y r f, ~ • r they are issued shall be specific, shall be reasonable, shall i+ £ not create an injustice, and shall he made a matter of public record, s Special ruling necessary to cover future construction or installation not s~eci£ically covered by this Chapter shall be made by the Plumbing Inspector and future construction shall conform to such ruling. The ruling shall he effective after approval by the Plumbing and Mechanical Code Board, A copy shall be filed in the permanent records of the Chief Plumbing Inspector. SECTION 17-24. SPECIFIC VARIANCES Specific variances to cope with unusual construction I problems may be made by the Plumbing Inspector in the following f particular cases: (a) To reconstruct existing plumbing. (b) To install new plumbing in old buildings. The variances shall be specific, shall be reasonable and shall not create an injustice and shall be in keeping with the purpose and intent of this Chapter. Such variances shall be obtained in writing from the Chief Plumbing Inspector prior to the starting of the work. SECTION 17-25. REVIEW BY BOARD 1 All variances granted by the Plumbing Inspector shall be reviewed by the Plumbing and Mechanical Code Board for possible revision, at the Board's discretion. ARTICLE IV. PLUMBING AND MECHANICAL CODE BOARD SECTION 17-26. CREATION i There is hereby created a Plumbing and Mechanical Code Board consisting of seven members, each to be appointed by the City Council for a term of two years, and removable for cause j by said Council. Initially, however, three members shall be appointed for a term of one year and four members shall be appointed for two year terms. To the extent that persons are available within this City, the said Board shall consist of two licensed master plumbers, two mechanical contractors, two mechanical engineers, and one layman, who shall all reside within the City. The initial terms for the members shall he staggered whereby one master plumber, one mechanical engineer, and one mechanical contractor shall have terms expiring on the odd number years, and one master plumber, one mechanical engineer, one mechanical contractor, and the layman shall have 1 terms expiring on the even number years. No appointed member shall serve more than three consecutive terms. The City Council may appoint ex officio members to this Board, to have a voice in all matters before it, but who shall have no vote. SECTION 17-27. PROCEDURE IN REMOVAL OF MEMBERS FROM OPPICE Rk The City Council may remove any member of the Plumbing and 4 Mechanical Code Board during the term for which he was appointed if cause be found. The action of the City Council in such matters shall be final. SECTION 17-28. CHAIRMAN; SECRETARY; QUORUM; OFFICE SUPPLIES; POWERS & DUTIES GENERALLY It shall be the duty of the Plumbing and Mechanical Code ' Board to moot as soon after their appointment as Is practicable and organized by selecting one of their members as Chairman and PAG A IS W1. 7 e anothor as Secretary. Regular meetings of the Board thereafter shall be scheduled on a monthly basis except that meetings may be cancelled when there is no business to Como before the Board. Special meetings may be called at any time by the Chairman, or by the Secretary. The Secretary shall keep a complete record and minutes of the actions of the Board to he filed with the City Secretary. Four members of the Board shall constitute a quorum for the i transaction of business. Miscellaneous office supplies may be furnished to the Board by the Building Inspection Division. From time to time as may be deemed proper, the Board shall s!? rA t written suggestions and recommendations for the improvement of the Plumbing and Mechanical Ordinances of the City to the City Council. It -'call also be the duty of the Board to hear any written complaints made by any plumber, citizen, or otherwise, that may have a bearing upon the efficient enforcement of the Plumbing and Mechanical Codes and the Board shall take such action thereon as may be deemed proper and within its authority; provided, that the same shall not be inconsistent with any laws f of the State, of this Chapter, or other Ordinances of the City. The Board is authorized to adopt rules and regulations for the issuance of apprentice plumbers' permits. SECTION 17-29. APPEAL TO PLUMBING AND MECHANICAL CODA "ARD , (a) Any person, firm, company, or corporation aggrieved by any decision of the Plumbing Inspector under this Chapter MAY appeal such decision or order to the Plumbing and Mechanical n-,l Code Board as set out herein. (b) The powers of the Board are hereby extended so as to authorize the Board to make reasonable interpretations or rulings in matters properly before it as to the Plumbing and Mechanical Code Board as set out herein. (c) The appeal procedure shall be as follows: (1) Time. Every appeal must be filed in writing within ten (10) days from the date of the decision or order appealed from and shall be filed in duplicate with the Building Official. Such notice shall contain appropriate reference to the decision or order appealed from as well as the grounds of the appeal. It shall be the duty of the Building Official to notify the Chairman of the Plumbing and 4 Mechanical Code Board and the Plumbing 3 Inspector. (2) Fee, The amount of the fee for appeals 'i shall be held consistent with other boards of the City of Denton. (3) Record. The Building Official shall transmit to the Board all relevant records and data upon which the appeal was taken. (4) Stay of Proceedings. An appeal shall stay all proceedings in connection with the decision or ordor appealed from unless and until the Plumbing Inspector shall have certified to the Board after notice of appeal has been filed that a stay would cause hazard to life or PAGE 16 c WWI i •'~A 101 W p'roperty. In such case, proceedings j ursuant to the decision or order of the fi Plumbing Inspector shall not be stayed except by order of the Board or by a 9 restraining order issued by a court of competent jurisdiction. (5) Hearings. The Board shall fix a reasonable time for the hearing of an appeal, giving notice in writing to the parties in interest and shall reach its decision within three (3) days from the close of the hearing. Appellant may appear before the Board in person, by agent, or by attorney and may present material witnesses. The Board may require additional data and tests necessary for adequate decision of the appeal, and continue the hearing therefor. (b) Authority. The Plumbing and Mechanical Code Board shall have the power in all cases appealed to it from decision or orders of the Plumbing Inspector to °•i reverse or affirm or modify in whole or in part, the decision or order appealed from. No decision of the Board shall vary or be inconsistent with the terms or provision of this Chapter. (7) Enforcement. Tho Plumbing Inspector shall enforce and execute all decisions y and orders of the Plumbing and Mechanical Code Board. (8) Approval of Materials Pr Methods, The Plumbing and Mechanical Code Board shall 3 have the power to approve alternate and E new materials, methods, devices, etc., in accordance with the applicable provisions of this Chapter. It shall be the duty of the Board to make j in annual review of the provisions of i this Chapter, and to recommend any t necessary changes and/or improvements to the City Council. This review shall include consideration of suggestions from plumbers and the public at large, which may be obtained by means of open hearings as well as through the regular channels, PART II. That this ordinance shall repeal every prior ordinance and prevision of the City of Denton Code of Ordinances in conflict herewith specifically Chapter 17, and as to all other ordinoncos or provisions of the Code of Ordinances of the City of Denton not in direct conflict herewith, this ordinance shall yw be and is hereby made cumulative. x PART III. That if anv section, part of section or provision of any •;r section of this urdinance shall be held to be void, ineffective or unconstitutional by a court of competent jurisdiction, the holding of such section, part of a section or provision of any r section to be void, ineffective or unconstitutional for any cause whatsoever shall in no way effect the validity of the is PAGE 17 A~~1,1 e F1 y 6. q ~ s r y 1. . ~,ltri$% 7~ =4G 4 w Lt a. ~ S# r4 l l'~' Y I f1' 1' polls" remaining sections and provisions of this ordinance, which shall remain in full force and effect. The City Council would not have passed any sections, parts of sections or provisions of any section of this ordinance that were unconstitutional, void or ineffective if it had known that they were unconstitutional, void or ineffective at the time of adopting this ordinance. PART IV. That the violation o. any pruvision of this ordina,ice or of the City of Denton Code relating to the installation, alteration or repair of pipes, fittings, and fixtures for water, sewage, gas and general "plumbing" In all buildings and structures within the legal jurisdiction of the City of Denton, shall be deemed an offense punishable by a fine not exceeding Two Hundred ($200.00) Dollars, and each violation thereof, and each day on which there is a failure to apply with the terms of this ordinance shall be and is hereby deemed to be a distinct and separate offenie and punishable as such. PART V. That this ordinance shall be effective March 1S, 1981 and d the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, the official newspaper of the City of Denton, Texas, ten (10) days after its date of passage. / PASSED AND APPROVED this the day of T 4TCI OF ENTON, TEXAS ATTEST: 1 CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS BY: i s; k y' PAGE 18 'A'1'i•~~R4 +a '/+r.w ,.►nn+L h C fii.k. lbei, ,?tia!l 4( ;j`. '.*"W"Y'*P1!-7. L'1. .A, 741 N.9xta'i gi -'nP .4r Wf!. tlrr 1?v~~^:.•. i. F'prl'D l tC„t •;.."o 00 V 1 Lit ' ''l i { i+ d ~/h'. y) .1 : tv N 64 ) i,yrt) 1 t l ! r f ',F1 i, ,.,ySyr ,t! & lq, b, yr r } I °a rJ~~.„! ~ 4i , 3Y f ` ded ) t e y``~+;`t Fo'( ~•~p~rj' + y ~ ~1-F':~~"'~ , ~ , J, d iii,,, V' ~ Y r f eJ+tK"~ lip ,rf' ) ~ N a ll pfl. y. ~'Il i. " In r~'r t ~'r. t": t , , Y• ~ ~ ~ a ~ rlr P, e 1 ) R a~~~ MR [ 1 xg +{7^'f $y'~{yyy,~''' wr t a . wW ) 61 J.• . )r ~ vp1"il'°lr, +in 1. `R el F.."+ . d ~t a~i n T. r_ ~An,•w.Liwr~4f rl(e;')`, :Al Y° ' % d, + } r NO. 19 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ADDING A SUBSECTION (C) TO CHAPTER S, SECTION " 5-14 ESTABLISHING BUILDING PERMIT FEES AND A SUSSLCTION (D) TO CHAPTER 5, SECTION 5-14 ESTABLISHING A SIGN PERMIT FEE; BY AMENDING CHAPTER 9, SECTION 9-47 ESTABLISHING ELECTRICAL INSPECTION FEES; BY AMENDING CHAPTER 59 SECTION S-26 ` ESTABLISHING A FENCE PERMIT FEE; BY AMENDING CHAPTER 5, SECTION 5-19(4) ESTABLISHING A BUILDING MOVING PERMIT FEE; BY AMENDING, CHAPTER 21, SECTION 21-41 ESTABLISHING AN EXCAVATION PERM?T FEE; BY AMENDING CHAPTER E, ;ECT;Cil 5-115 TO PROVIDE A SCHEDULE OF PERMIT FEES FOR SWIMMING POOLS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR PUBLICATION AND DECLARING AN EFFECTIVE DATE. ) THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. That the Code of Ordinances, Denton, Texas, is hereby amended by adding a section, to be numbered S-14(c), which said section shall read as follows: (C) TABLE NO. 3-A - BUILDING PERMIT FEES, of the Uniform Building Code, 1976 Edition, is deleted and amended to read as follows: TOTAL VALUATION FEB $1,00 to $500.00 $5.00 $501,00 to $2,000.00 5.00 for the first I80h.00 additional $1,00 for $100.00 or fraction thereof, to and including $2,000.00. $2,001.00 to $25,000,00 12 1 20.00 for the first 1 each 0 additional $ $1,000.00 4or fraction thereof, to and including $25,000.00 $25,001,00 to $50,000.00 $112.00 for the first 125,000,00 plus $3,00 for each additional $1,000.00 or fraction thereof, to and including $50,000.00. F $50,001.00 to $100,000.00 $187.00 f .r the first $50,000,00 plus $2,00 for each additional $1,000.00 or fraction thereof to and including $100,006.004 $1001001.00 to $5000000.00 $287.00 for the first $100,000.00 plus $1.S0 for each additional L $1,000.00 or fraction thereof, to and including $5001000.00. 15000001.00 a Up 887,00 for the first 500,n00.00 plus $1,00 for each additional $1,000.00 or fraction thereof. 'L"yd.~.. .:IL'1 .1 A',). a •ks . .1 _a.h .`l' 1 , , l `la , i ~ DCI i To establish building permit fees for all new construction and additions, multiply $11,00 by the total square footage, enter that valuation into the above schedule and then increase the results by one-half. s To establish building permit fees for all alterations, fire damage, repairs, remodeling, and accessory buildings, multiply $6.S0 by the total square footage, enter that valuation into the above schedule and then increase the results by one-half. SECTION II. That the Code of Ordinances, Denton, Texas, is hereby amended by adding a section, to be numbered 5-14(D), which said r" section shall read as follows: (D) CONSTRUCTION OF SIGNS. For construction of any sign or any sign structure, the fee shall be Ton Dollars ($10,001. SECTION III. That Chapter 9, Section 9-47 of the Code of Ordinances, City of Denton, Texas, is hereby amended to read as follows: The following inspection fees shall be paid to the city prior to the issuance of any permit required by this article: Service at rated capacity, . l t- 1 Per ampere $ .03 Lighting and power circuits. First four circuits 3.00 Next five to fifty circuits (each) .75 All over fifty circuits (each) $ .30 h` 1 Motors (one horsepower or more) One to three motors (each) .............1... $3.75 Over three motors (each) $1,50 Smal. motors, fractional horsepower for E ventilating, cooling or heating fans.:. First five motors ...............1..,...1.,, $3.75 All over five motors (each) ............1... $ .30 Current consuming outlets, First twenty-five outlets 3.7S j Next twenty-six to fifty outlets (each) .15 All over fifty outlets (each) ..........1.., $ .06 Fixtures, coiling fans or neon or cold ti cathode transformers for interior lighting. M l 1a First fifty fixturest etc. $3.75 All over fifty (each) $ ,06 Electric sign circuits, 3 Per circuit (each neon transformer as one circuit) $ .75 i PAGE 2 "W"T 4 n i . f Minimum fee. Minium fee for any one permit ..............S 7.50 Separate permits. A separate permit shall be required for each separate building, store space, or, apartment, whether such unit is metered separately or conjunctively, and a service permit shall b- taken on all such units whether supplied from a central metering station or directly from an electricity supply agency, r- except that in trailer courts, the individual trailer disconnect switches shall not be deemed services. Delinquent permit fee. For each job started where an electrical permit is not obtained within seventy- two hours (Saturdays, Sundays and legal holidays excepted) $15.00 SECTION IV. That Chapter 5, Section 5-26 of the Code of Ordinances, City of Denton, Texas, is hereby amended to read as follows: Section 5-26. PERMIT FEE. Prior to the issuance of any such building permit, a: re uired by this article, a fee in the amount of .f; Ten Dollars ($10.00) must accompany the application for such permit payable to the city, for the issuance of the permit and the inspection i. I to be made upon completion of the fence, SECTION V. That Chapter S, Section 5-19(4) of the Code of Ordinances, City of Denton, Texas, is hereby amended to read as follows: (4) Fee. The application shall be accompanied by ` a per-:it fee in the amount of one and one-fourth (1-1/4) cents per square foot for each square foot of floor space in the building to be moved, or r" ! Twenty-Five Dollars ($25.00), whichever is greater. E k SECTION VI. That Chapter 21, Section 21-41 of the Code of Ordinances, City of Denton, Texas, is hereby amended to read as follows: Section 21-41. Permits Required. r It shall be unlawful for any person to dig up, break, and excavate, tunnel, undermine or in any manner break up any street or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leavu upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained an excavation permit therefor from the city as herein provided, except as provided in Section 21-46(d), below, for emergencies. The fee for such excavation permit shall be Ten Dollars ($10.00). PAGE 3 n, r^ ffiC' ZF I'Al !y$ M i 00 wpm SECTION VII. That Chapter S. Section 5-175 of the Code of Ordinances, City of Denton, Texas, is hereby amended by deleting Section 1.8 - Schedule of Fees of the Uniform Swimming Pool Code, 1970 Edition, and adopting a new set of fees which shall read as follows: Section 1.8 - SCHEDULE OF FEES. Schedule of Fees of the Uniform Swimming Pool Lode, 1970 Edition, is delete3 and amended to read as follows: SCHEDULE OF FEES E" For each swimming pool: 1. Public (Commercial) $30.00 2. Private $20.00 3. Reinspection fee $ 6.00. SECTION VIII. That the repeal of any ordinance or any portion thereof by r the preceding sections shall not affect or impair any act done or right vested or accroied or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced' j shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repealed had remained in force. i SECTION IX. i 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 E 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 IV, _ That this ordinance shall become effective March 15, 1981, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- i Chronicle, the official newspaper of the City of Denton, Texas, ten (10) days after its passage. PASSED AND APPROVED this theo2r- day o Fe-Jrk4#-q , 1981. On ova D - T p CI OF ENTON, TEXAS ATTA i e WS HOLT~ CITY SECRETARY CITY WOF DENTON, TEXAS 'sti t APPROVED AS TO LEGAL FORM: C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DBNTON, TEXAS Y~. BY: PAGE 4 ik -011 " ~ Y lj 1~ SIT{ i t ~~r;eA I! h?"'. 1r r*,i ~i dc~ !!w' y ir, •?a. {5+~; yt 1. 9( ~ .A rte. 4 T ; i cil L Bid #8869 PROPOSAL TO THE CITY OF DENTON, TEXAS For the Ccnstructiorn o` TEASLEY LANE WATER S SEWER LINES February;' 1981 IN DENTON, DENTON COUNTY, TEXAS The undersigned, as bidder, declares that the only person or parties interested in this proposal as principals are those named herein, that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the form of contract, Notice to Bidders, specifications and the plans therein referred to, and has carefully examined the locations, conditions, and classes of materials of the proposed work and agrees that he will provide all the necessary labor, machinery, tools, apparatus, and other items incidental to construction, and will do all the work and furnish all the materials called for in the contract and specifications in the manner prescribed therein and according to the requirements of the City as therein set forth. It is understood that the following quantities of work to be done at unit prices are approximate only, and are intended principally to serve as a guide in evaluating bids. It is agreed that the quantities of work to be done at unit prices and material to be furnished may be increased or diminished as may be considered necessary, in the opinion of the City, to complete the work fully as planned and contemplated, and that all quantities of work whether increased or decreased are to be performed at the unit prices set forth below except as provided for in the specifications. It is further agreed that lump sum prices may be increased to cover additional work ordered by the City, but not shown on the plans or regiired by the specifications, in accordance with the provisions to the General Conditions. Similarly, they may be decreased to cover deletion of work so ordered. It is understood and agreed that the work is to be completed in full within forty-five (45) working (lays. P-1 Accompanying this proposal is a certified or cashier's check or Bid Bond, payable to the City of Denton in the amount of five percent (58) of the total bid. tc is understood that the bid security accom.aanying this proposal shall be returned to the bidder, unless in case of the acceptance of the proposal, the bidder shall fail to execute a contract and file a performance bond, payment bond and maintenance bond within fifteen says after its acceptance, in which case the bid security shall become the property of the City of Denton, and shall be considered as payment for damages due to delay and other inconveniences suffered by the City of Denton on account of such failure of the bidder. It is understood that the City of Denton reserves the right to reject any and all bids. The undersigned hereby proposes and agrees :o perform all work of whatever nature required, in strict accordance with the plans and specifications, for the following sum or prices, to wit: P-2 Bid 8869 P.O. 147411 PROPOSAL TEASLEY LANE WATER & SEWER LINES 16* concrete cylinder class 150 or ductile iron watectiain 1100 LF 22.00 $/LF24200.00 16" Gate Valve 1 Ea 2200.00 $/Ea 2200.00 6" Ductile Iron Watermain 110 LF 12.00 $/LF 1320.00 6" Gate Valves 4 Ea 280.00 $/ea 1120.00 Fiie Hydrants 2 Ea 650.00 $/ea 1300.00 1" Air Release Valve 1 Ea 500.00 $/ea 500.00 Cast Iron Fittings 448 lbs 1.00 $/lb 6448.00 Bore under Teasley Lane 90 LF 45.00 $/LF 4050.00 Including installation of 15" C14P casing and carrier pipe 8" PVC Sanitary Sewer Main (SDR35) 1100 LF A_nn $/LF a80_o0 4'-0" Manholes 2 Ea 7on.oa $/Ea.14u u TOTAL SANITARY SEWER & WATER IAPROVEMENTS $ 45,338.00 ALTERNATE 8" WATERLINE 8" Waterline & Fittings 1100LF 20.00 $/LF 22000.00 Revised 2/4/81 P-3 Bid 8869 BID SUMMARY TOTAL BID forty five thousand three hundred thirty eight $ 45338.00 and no/100 dollars In the event of the award of a contract to the undersigned, the undersigned will furnish a performance bond and a payment bond for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to.insure and guarantee the work until final completion and acceptance, and to guarantee payment for all lawful claims for labor performed and materials furnished in the fulfillment of the contract. It is understood that the work proposed to be done shall be accepted, when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the City. The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. Receipt of Addendum Initial Date Addendum #1 William J. Schultz Inc. dba Addendum #2 Circle "C" Construction CONTRAC OR BY u tz President 4555 Forest Hill Circle Street Address Ft. Worth, Texas 76140 City and State Seal & Authorization (If a Corporation) (817) 478-5409 Telephone (Revised 2/4/81) P-4 • e STANDARD FORM OF AGREEMENT STATE OF TEXAS COUNTY OF Denton THIS AGREEMENT, made and entered into this 3rd day of March , A.D „ to 81 by and betwaon City of Denton of the County of Denton and. State of Texas, acting through John J. Marshall, C.P.M., Purchasing Agent thereunto duly authorized so to do, Party of the First Part, hereinafter termed Ift. J. Schultz, Inc, dba OWNER,and _ Circle "C" Construction 4555 Forest Hill Cirle (817-478-5409) of the City of _ Ft. Worth , County of Tarrant and State of Texas , Party of the Second Part, hereinafter termed CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Party of the First Part (OWNER), and under the conditions expressed in bond bearing even date herewith, the said Party of the Second Part (CONTRACTOR), hereby agrees with the said Party of the First Part (OWNER) to commence and complete the construction of certain improvements described as follows: 1. Construct 16" Waterline and 8" Sanitary Sewer Line along Teasley Lane as shown in the plans and specifications similarly titled and dated February 1981. and all extra work in connection therewith, under the terms as stated in the General Conditions of the Agreement and at his (or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with the SF-1 Notice to Contractors? General and Special Conditions of Agreement, Plans and other drawings and printed or written explanatory matter thereof, and the specifications and addenda therefore, as prepared by City of Denton. Utilities De artment,_B1d #886 P.O. 04~411 herein entitled the ENGINEER, each of which has been identified by the CONTRACTOR and the ENGINEER, together with the CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the Performance and Payment a„-: Maintenance Bt,nds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire contract, The CONTRACTOR hereby agrees to commence work within fifteen (15) days after the date written notice to do so shall have been given to him, and to substantially complete the same within forty-five (45) working days after the date of the written notice to commence work, subject to such extensions of time as are provided by the General and Special Conditions. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal, which forms a part of this contract, such payments to be subject to the General and Special. Conditions of the Contract. IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day first above written. Rm.J. Schultz, Inc. db ({fy n~npnfnn, TPXA4 _Cirrle "C" Cnnctr,~rtSt Party of the First Part Party of the Second Part (0 R) (C NTRACT B BY J. SC. u z, si ennt Attest: /,~a ~ Attest: r~ a~ " Ar-4,1, SF-2 PERFORMANCE BOND STATE OF TEXAS COUNTY OF Tarrant KNOW ALL MEN BY THESE PRESENTS: That p}n, J. Schultz, Inc., dba ('irclp "C' Construction 0_nxf th . C: ty cf :b: t Worth County of Tarrant and State of Texas as principal, and National Surety Corporation authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the City of Denton, Texas , in the penal sum of forty five thousand three hundred thirty eight & no/10CDollars 45,338.00 } for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the City of Denton, dated the 3rd day of March , 19 81 To which coot-act is hereby referred tr, and made a part hereof as fully and tt he same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PB-1 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this band shall be determined in accordance with the ptovi~i:or_a of said article to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this --3rd day of March 19 81 Wm. J. Schultz, Inc. dba Circle "C' Construction Ccm)anv National Surety Corporation PRINGIPAL SURE,,TYI - l B J, S ultz, sident 41!ei M. Pinkston Title Title__ Attorney-in-fact Address: 4555 Forest Hill Circle Address: 3333 California Street Fort Worth, Texas 76140 San Francisco, California 94118 The name and address of the Resident Agent of Surety is: J MN A. MILLER & ASSOCIATES, INC. P. 0. BO}C _7214. FLIRT WWnj. 3L% 5 76111 PB-2 PAYMENT BOND STATE OF TEXAS COUNTY OF Tarrant KNOW ALL MEN BY THESE PRESENTS: That Wm. J. Schultz Inc. dba Circle "C" Construction oormanv of the City of _Fort Worth County of Taman , and the State of Texas as Principal, and National Surety Corporation authorized under the laws of the State of Texas to act as Surety on bonds for principals, are held and firmly bound unto the City of Denton, Texas, in the penal sum of forty five thousand three hundred thirty eight & no/100 Dollars ($45,338.00 ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, ad- mini trators, executors, successors and assigns, jointly and several- ly, by these presents: WHEREAS, the Principal has entered into a certain written con- tract with the City of Denton, dited the 3rd day of March 19, 81 0 to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as PB-3 amended by the acts of the 56th Legislature, Regular Session, 1959, and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were copied at length herein. Surety, for value received, siipulaces and agrees that no change, extension of time., alteration or addition to the terms of the contract, or to the work performed thereunder, qr the plans, specifications or drawings accompanying the same, shall in' anywise affect its obligation on this bond. and it does hereby waive notice of any such change, Pxtention of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 3rd ---day of March 19 81 Wm. J. Schultz, Inc. dba Circle "C" Con;jruction Comvany PRINCIPAL National Surety CD-mration SURETY Wm, J, Schnitz ie h1, p nkston Title pr_ e~, s_18ent Title Attorney-in-fact Address: 4 55 orest. Hill Circle Address:3333 California Street Fort Worth, q' 76+4•• San Francisco California 94118 The name and address of the Resident Agent of Surety is: JLJhNN A. AIJU ~ & ASSMATPFS INC. P. 0 bON 7214 FORT WOR71t 'IiXAS 76111 PB-4 MAINTENANCE BOND THE STATE OF TEXAS COUNTY OF Tarrant KNOW ALL MEN BY THESE PRESENTS: THAT %Yn. J. Schultz Inc, dba Circle 'IV, Construction_omvanv as Principal, CUMn National Suret Co ration a Corporation authorized to do business in the State of Texas, as surety, do hereby acknowledge themselves to be held and bound to pay unto the City of Denton, a municipal corporation of the State of Texas, its successors and assigns, at Denton, Denton County, Texas, the sum of four thousand five hundred thirty three and 80/100 dollars 4,533.80 108 of the total amount of the contract for the payment of which sum said principal and surety do hereby bind themselves, their successors and assigns, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Wm. J. Schultz, Ine.dba Circle "C' Wrstruct.ion Corhan has this day entered into a -written contract with the oaYd y of Denton to build and construct 16" Waterline and 8" Sanitan' Sviier Line along G s n n he plans and st~ecifica ions similarly titled asrd dated February 1981. which contract and the plans and specifications therein mentioned, adopted by the City of Denton, are filed with the City Secretary of said City and are hereby expressly incorporated herein by reference and made a part hereof as though the same were written and set out in full herein, and WHEREAS, under the said plans, specifications, and contract, it is provided that the Contractor will maintain and keep in good repair the work therein contracted to be done and performed for a period of one (1) year from the date of acceptance thereof and do all necessary backfilling that may become necessary in connection therewith and do all necessary work toward the repair of any defective condition growing out of or arising from the improper construction of the improvements contemplated b)' said Contractor on constructing the same or on account of improper excavation or backfil.ling, it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work, or labor performed by said Contractor, and in case the said Contractor shall fail to repair, reconstruct or maintain said improvements it is agreed that the City may do said work in accordance with said contract and supply such materials and charge the same against the said Contractor and its surety on this obligation, and said Contractor and surety snall be subject to the %3,mages in said contract for each day's failure on the part of said Contractor to comply with the terms and provisions of said contract and this bond. MB-1 NOW, THEREFORE, If the said Contractor shall perform Its agreement to maintain Said construction and keep same in repair for the maintenance period of one (1) year, as herein and said contract then fl ctl otherwise* to presents remain shall in be fulnull and l force and void and effect have no It is further agreed that this obligation shall be continuing o,ke ag;,iasc the Principal and Surety and that successive recoveries may be had hereon for successive breaches of the conditions herein provided ur.til the full amount of this bond shall have been exhausted, and it is further understood that the obligation to maintain said work shall continue throughout said maintenance period, and the same shall not be changed, diminished, or in any manner affected from any cause during said time. IN WITNESS WHEREOF the said Wm. J. Schultz, Inc. dba Circle "C" Cbnstruction Gmna-as Contractor and Principal, has caused these presents to be executed by National Suret}, Corporation and the said National Sure! _6) ),ration as surety, has caused these presents to be executed Attorney-in-fact inie M, 11inkston by is Attorney-in-fact'has hereunto set his hand thisdthe the said day of btlix 3rd 19 81 SURETY: ' PRINCIPAL: National Surety Corporation 'Ah• J. Schultz, Inc. dba f y Circle C Cbnstruction Conpany BY: B Annie Af pi stun Wm. J. Schultz ATT0RNEI-IN-FACT PItfSIUI NI MB-2 r . IMIIGEN Of r c r • NA'1'10NA1, SL11t 11l t i 14Y ('URI'UItA'FIUN kvSI'l llinsdhioIn itsHom e 'I Ibill NAI1(INAI XIINI'IYI'IINIVykAfIIIN.al'ul(rr.ulunJnlyorganileJandCsiltingunder thela\ssl! Ih tilde Illinois, and hu\ ing its c 1 lffoce in puinl CnnsliL+le and ap Ibe (lty of ('hail WON hat I oade. co mtituled and aproinied. and JI><s by these presenls make. JOHN A. MILLER and ANNIE M. PINKSTON Jointly or severally FORT WORTH, TX ill Inge load Imilifid Anornc)hNn.1'acl. w ilh full power and moo ly hill canfclred in its name, place and ,lead, ro execute, Stall BCkOON ICdge and dcli\'cr any and all hinds, undenakirl recogniranccs it other wrillen obhguliolls in the nalnre thereof and Ile hind the ('orrooralion thereby ;is fnlll and h, the s;unC C4knl ;rs if slosh Minds of V signed by the President. soiled Ailh the Corporate seal r( the ('orr ulion and duly ;Llll d Into its SeI . hcrchy r;lldsiog ,InJ conlilrrimp ;111 Ih:d the sold Allorneylsl-in h'acr may do in the premises. and vileel t his rower of illutne) Is glanlCd punuanl III slridc VII(, Section 210 ind hi lit III I lws to( NA1ION,Al. S1'RI- I V ('OkPORArt(1N now in full force \rmJ, IIII llglrri ur u.l liAb mh e! .r k.. u~r 1, I..r hi all Ian ni. .l,i L, i r. lrrNr 111 11 ,I .....1 N'a' 1 s'. ° 1" Ihr 1'11Nimn l filhl,,11 11 ' rP nr , U e.. i "I I, i"IN l II I IN I J t d 4 1.11 Ir,r ON ilt nlrI .IN 1.. ih, r I hl IN, lh ea I lhrrll. r. Ihu l hal'il A nor k.,nd .I , IN i, ON N r it I P it I I r k r. I r IY•' 'Ill pdp ..n1 mJ m.lv .pr..r t hr, Ir fil I „I ,1 ,m5 41 I ,,.n I..n. rrrr 1, i J.II f.. aloe n Khali d lM C ~m Ill ' ~p.in, l I111u pr 1 ib lie IM 1Nh..rq 1 hk o6 n11 Inn I. 11„uIN, , . ro, nbn'r J.It . no p. ureJ ihnr h, mN, h 1.d . n I,nr J 4.. a1 h, 114.. 1 r ".'I'd t j the ,k,h.ln. iii e .loll IN, ihi Hr.nd rf nni.fN. •a h, n, ryI„~,~„ .:d.n. u,l ihrn Nt.p,"nt~nrnl and Non) IUrh Ihi. -u lice of ;tourney is signed and u'.Ilcd InlJcr unJ h ~ r 1 ..a r„ m.a, 1r h..pr..unm,rnl PIN Sit1Pi iY ('ORPORAIIIIN al a meeting duly called ,Inthe eld iiiih III, o( the (IoNO tinlthel7111 tl.n 'If~See krnik•!Illi1107.`.:mA smid Rm,lution(hisrnot been amended or fcre:ded. kl_Sol ,1'I I). that Irlc sign rtllrc of ;Ins free F'n'snlrnl. A,loll l \e.rcl,n\ unJ kisidenl lsslsl.lnlle:nlary nl this ('orpardion. and the scat of this , ,rporarlun may he allhed ur prinred on aas I'I'NCr If Illmmcy. Illl :n to resl of any pllv.el of allorncy, oI an any cerliftcate relarmg rhelCla, by facsimile. 'end any power of attorney. any restkmi,vt of arl rlreer of ;ulornc%. of :CI ll ir,llc bearing such farsrnute signahlre or facsimile «al shall he sahd and hording upl,n the ('orflnatilln IN N'I I N} SS IOM Rld 11'. NA I JONAI Rl ikl I Y 1 'I1RIY IRA I fl IN has s:nlsed lhcu• plescrlls to he signed INNS its Vice PresiJenl. and its Lolpurare seal IN, Ik, heremllu IlfiscJ 1111j oth f 11 I,f April t. 79- N 'II I JONAL SI' kh l Y ('I IR!"ORA'I ION el r r L " 1 15 V`l+a~ W S I ATBolec oli mikNIA, 1'171'r%%I)(( IUN' op s.1N Flit ioN iti('ly s1' ~.?th1 to aye kM1Nn Ilhi. helrtg by one July ia l did dad de II+.19 hcfolc ale personal y I d In lfCO IhlshCJ in and v. King eii,he b !eJ r p aMisl lmtru %,,-l ind Noy l Came -William RE I V RPORA ION. he knuurelhe V ill of Neal (wrist ral f n. Ill the saltatTtted to the %aiJ n+lhuni is touch is .IC .d'. that it was %n athsed by Illdcr of Ih( hoard of Ihretrlns of slid ('olrormo n ;ond Thal he signed his name thereto by like order. ''J N'1I NJ SS 1VHLkI I IF. I h.lw here milli sd I h.md md:dhscd mot ofhclal seal, Ihed.n ,md scar Kicnt first abase \Itiven. nll/nunwnml tllllnlrrlu+rnuuluuu a nuu ■ ot-~% ()I( SUSIf('IAL ti! AL I K. G4dIRT MOTARY EUPILK IN IN~Oy/RNfA olil% WI A (W r.l r OF UN r.ylWil Me (Comiligs Il+nrr tlor. It, 1960 - f IIIIHf 110rnIN111INIIIItl I11tf rUOl1uM W N1g111 1'3NI11Il'1IY %'IIt '(FOYCAI U INNI(, (1"1VAND I'OUN'I'%,OF,SVVIN R%%il'I> (ss' rlic a~ftimilRat ached A~%kINldtnl R~OFIA11419NI F Y firemams on f do furl ind III an 11 1 hill ic kiknl;Ilandrfurrhelm HEREBY Ih li Arl c ii VW1 that the wI and 311 a( Ole III.Iml of the (brptti lm, and Ill III al of the 114.md of Uireclors. set forth in the Pill of luorncy. are now in force. Signed and scaled at the City andConnolly of Sun I rancissvr lkilo the 31'd d,ty of 1,1ARCH ~]~i i r r~ ~l rrNVy. I fg`y] . , III l ~ Qrl ~ 1 ~ -_~ardmr !k Jfldfl 360111 (NOt--N6-3A6 ci-oa • 1 R ~T~{A1 • I T `~{YrS ! A ) IJ{^`[ ry~r e r 1 hAMI 11 I~ r 1 I~1 .1]/I.Liri 1' ir'~r{i`.Sra~ IS- M1 ADCrRtsS Di AGENCY It r 111' 1 ' JO1W A. IULIM & ASSOCIATES, INC. COMPANIES AFFORDING COVERAGES P . 0. BOX 7214 i MRT I, T 11S 76111 EMIT ATIiANSQON'I'mmAL INSURANCE CCBlpANy 839-7111 coM►ANY B It ET(R NAME AND ADDRESS a Iiiuaw I H31. J . SC'~i 7Z INC. dba CI M E ['C L C or;ST. 00. u"10 C ?P. 0. DO\ 40328 - FORT WORM, TEXAS 76140 CniaN' D COMPAN$ C LETTER G 11u1 n iv .r•U , Lut p.,.crks 01 vrsunrlcA 1 s1ld uelpr'M'.e Dien Issued to Ine mewed named a[IO.e and are in lore! at IhH 1'me Not.,mgj dnj any reo uifrmrnl ternt a Wnddgn 01 a,y eentvp o• order Co'I'015 •dh rrsPeCt to which Ih'S Cellf,We may be issued 0, me) pe^Irn, the insurance, ahoroed by he pWx'a de TY eel Nerve It subject c 10 ail Me terers eA:lurrns nd conddos o/ ew.h pohdes CAN. itTI(F tutMlN$IFAN:I PV. I: L=M71-1o la, q OVean 1 . rD.1:1 N:!F[R l (NP-PA-101'. DATE EACH AGCRrGATE ! GENERAL LIABILITY OCCURRENCE ' A ©COVPArH(N5rv[ FOpv OCP-044-771437 BoDnrIN.JVRr S cry s 500 8-120/81 PPCM ~S [$-OP(RAT UNS r.pLOSIOh AND COLLAF✓[ PRDP(RTrrAMAC[ s 250 a 250 tn~,I HAJARp 1711 UNDERGROUND HAZARD Q PRODUt T{SOMPLETED nn OPIRAT,ONS HAZARD L.A1 CONTRACTU4 INSURANCE ICODU V IN1URr ANp BROAD rORM PROPERTY F'W)PI Al v eAvAG[ s a DAMAGr CCVP~N[D 1ND[P(ND(NT CONTFACTORS FYRSONAA, INJL'P' FI FSrn, 4; IN1:IR. S 5500 AUTOMOBILE LIABILITY - - - [OMPR(HINSIV( FORM R: -,N t 500 A © CCP-044-771437 8-12-80/81 14 r( 250 ® DANID BODILY INJURY S ' < (EACH ACCIDENT; ,F . •,r, ® MIRED PROPERTY )AMAGC ( 100 .I' A-r{1,,,• ®NON ONN[D BODILY INJURY AND .•Y +~:i~ yV. PPOP(RTr DAMAGE EXCESS LIABILITY COMBINCO ^ A ® UMBRELLA FORM DOG-482444 13-12-80/81 BODILY INJUR` AND OTHER THAN UVBR(L(A PROPERTY DAMAGE '1,000 { 1 ow IOpM COMPIN[D WORKERS'COMPENSATEON and A EMPLOYER S'LIABILITY WC-005--398957 8-12-80/81 $100 DIsCRirTK)N or OJVRA11OhS'IOCAIIONSNEHICLFS i ( JOB: !'ater and Sexer Lines Along Teasley Uwe in the City of Denton, Texas. Hid NuE[ber 8869. Cancellation: Should any of the above described poflcJes be cancelled before the DRp,ralion dale thereof, the issuing com- pany w,ll endeavor to mad 1Q_ days written notice to the below named certificate holder, but failure to malt such notice shatl impose no obligation or babillty of any kind upon Ihe! ompa'-, NAME ANDADDa[ssorc[ATd,cartHaa+ CITY OF DI'NIC)N nA4` nsD(D ~al 31 1981 _ Utilities Departrr(ent _ 215 East l It KIn ray Denton, Texas 76201 - ' / AMMCM1E( R(PA[ IN Afn[ JOHN A. )11311111 • A:CAO y{ II 1al , + 9 V o ~ too c b ~ y~ 77 CITY SECRETARY'S FILE PACKET 0 T71 FOLLOWING INSTRLJNTXF IS FILED IN 71C FILES OF TIDE CITY SECRETARY; D i I I I 1 E I 1 ~IIHti()L112I PA('II+`i(' ~Z~~Il.I20~1I) n, tit4R5 1981 ,l UNION wrATION 111(JILDINO 801 CRAWFOI+I) HT, 110tTSTONl TiTEXAS 77002 TTL. AREA CODI 711 W3151 L.H. MILLER GENERAL MANAGER O. R, LILLY B. E. KERLEE Feb~ njary 189 1981 [II ST RIC T ENGINEER ASSISTANT GENERAL MANAGER J. D. HOPE R. S. SCHOULTZ MICKANICq 611"INTENEIENT GENERAL SUPCRINTENUENT ~ O. E, KNOX MG",-ANT 10 GENERAL MANAIRR 1ANO, LofI• ANDCONTRACT• Mr. E. Be Tullos City of Denton Municipal Building Denton, Texas 76201 Re: JSw- Wire Line: DENTON, TEXAS City of Denton MP 248 (2047.5' west) Dear Are Tullos: Herewith your original of wire Line License dated December 18 1980 covering crossing of our right of way at Mile Post 208038, Denton County, Texas, at Denton. Yet-ire ve truly, drf Attachment ws.. erne..e.,*,e+,~..y.l,~,...,n~T.+~. ..--..,.....~.,....-.-+~C-.- r'-.-'-.~ -rr- % ay9 ~,~t^ „ \Yv y• i ,xw ifs\S~+LJAy,....Y, l Y t l d . d ~ c e C . r WIRE. LINE LICENSE; THIS AGREEMENT, executed in duplicate , this 18th day of December , 19 80 , by and between Mlsf ourl Pacific Railroad Company , a Delaware corporation, hereinafter called "Carrier", to be addressed at 210 North 13th Street, St, Louis, Misseur? `.3103, and C;ty of Denton , a munlcipal corporation XXX)&)(X)li&ft XlO1lX , hereinafter called "Licensee", to be addressed at Municipal Building, Denton, Texas 76201 , WITNESSETH: NOW, THEREFORE, in consideration of the premises and of the covenants and agreements hereinafter contained, it is agreed: 1. Carrier hereby grants, but on solely the herein expressed terms and conditions, and Licensee hereby accepts, permission to install, keep, and use the Licensee's own one (number) certain proposed aerial 13.2XV power (proposed or existing) (aerial or underground) (designation) (power or telephone) line and, also, every additional wire hereafter included therewith, and appurtenances herein called "Wire Line", on the Carrier's property, herein called "Premises". Wire Line shall intersect Carrier's track AOc at Mile Post 208.38, ECS 110024+7 X*Qt3f1H(hfmX-.....-.- , (track or right of way) XR%XXXXXXXXXXftXXXXXXXX, Denton County, Texas , at)= Wax Denton . Approximate location of Wire Line is indi- cated by heavy black line on Exhibit A attached hereto as part hereof. The license and permission herein granted (a) are limited to such title and rights as the Carrier may have in the Premises concerned, and the Licensee shall secure such permission as may be necessary on account of any other existing rights in any third party (including, without limitation, rights of tenants, subtenants, licensees, and other.i occupying or using 0e Premises concerned with Carrier's permission) and (b) are granted without any warranty, express or implied. Licensee hereby agrees to exercise the herein granted rights in such a manner as not to interfere in any way with any existing prior rights. Licensee hereby agrees that no damages shall be recoverable from Carrier because of any dispossession of Licensee or because of any failure of, defect in, or extinction of Carrier's title. 2. Licensee shall furnish or do at Licensee's own cost and responsibility any and all things and when and as from time to time required to accomplish whatsoever the Licensee attempts or is bound to do at any time hereunder. Licensee shall adjust Wire Line to any physical change as made at any time in any of Carrier's property; at all times keeping lowest conductor of Wire Line, if aerial, the applicable statutory clearance above the top of rail, or the minimum clearance above the top of rail prescribed by the then present National Electrical Safety Code for the type of construction, support spacing, and voltage of Wire Line, whichever is greater, with the conductors operating at the maximum temper- ature permitted by the Licensee; and all guy or messenger or crmmunication wires are to be at 27 feet above the top of rail. If underground, Wire Line shall be at least four and one-half feet below the bottom of rail thereover, and at least three feet beneath surface of ground beyond ballast section. Licensee shall cause -1- sT Fir '9^ :O,{;S' r ~ r ! ~+1 X Wire Line to conform to the requirements of the then present National Electrical Safety Code of the Bureau of Standards, Department of Commerce, United States of America, except as otherwise hereinabove provided, and where underground Wire Line carries voltage in excess of 220 volts Licensee shall place suitable signs on surface of Carrier's property to indicate location and voltage of said Wire Line. Said things, including the time and manner of doing any work, each shall conform to the requirements of Carrier as well as of any State, Federal or Municipal authority. Carrier may, acting for Licensee, furnish or do, and Licensee shall pay and bear the cost of, anything which, herein required of Licensee at any time, either shall not be furnished or done within ten days following Carrier's written request therefor or shall be undertaken by Carrier at Licensee's request. Without limiting the generality of any of the foregoing, Licensee authorizes Carrier, at the cost and on behalf of Licensee, to furnish and provide such protective services, devices and structures, as Carrier may deem necessary, in order to promote the safety of Carrier's operations, employees and property during or incident to the installation of Wire Line. Licensee on request shall, in advance, deposit with Carrier the estimated cost of any of the foregoing. If deposit be less than actual cost, Licensee shall pay difference; if more, Carrier shall repay difference. Licensee when returning this license (signed) shall pay to Carrier the fee of THREE HUNDRED Dollars for the license granted herein. Any other payment shall be made within twenty days following receipt of bill. Licensee shall pay cost tv Carrier for all labor, including wages of foremen, cost of material f.o.b. Carrier's rails plus freight at tariff rates to point of use, plus taxes and usual railroad addit,-es. No pro- visiovs of this paragraph, nor approval by Carrier of any of Licensee's undertakings, shall relieve Licensee of any responsibility or liability. 3. Licensee agrees to (a) indemnify and save harmless the Carrier from and against all claims, suits, damages, costs (including attorneys' fees), losses and expenses in any manner resulting from or arising out of or in connection with the installation, maintenance, renewal, repair, use, existence or removal of Wire Line, and (b) assume all risk of loss or damage to Wire Line regardless of how caused and regardless of any negligence on the part of Carri...•, or otherwise. 4. If the operation or maintenance of Wire Line shall at any time cause interference, including but not limited to physical interference, fron- electromagnetic induction, elec- trostatic induction, or from stray or other currents, with the facilities of Carrier or of any lessee or licensee, or in any manner interferes with the operation, maintenance or use by Carrier of its right of way, tracks, structures, pole lines, signal and communication lines, radio or other equipment, devices, other property or appurtenances thereto, Licensee agrees immediately to make such changes in its own lines and furnish such protective devices to Carrier and its lessees or licensees as shall be necessary in the judgment of Carrier's representative to eliminate such interference. The cost of such protective equipment and its installation shall be borne solely by the Licensee. In the event that the methods above set forth fail to eliminate such interference, and it is deemed necessary by tha proper officer of Carrier having jurisdiction therein that any or all facilities of Carrier or of any lessee or licensee thereof shall be re- located, reconstructed or otherwise changed, the entire cost of such changes shall be borne by the Licensee. The current due to electrostatic effects shall not exceed 5.0 milliamperes, rms, if any automobile carrier or other railroad car under Wire Line is short circuited to 2 (.'V {0 tj ICJ(1,1 {Li i.7~~'~•1 .,t r~ .t. t i ~ 'fir- t -1. _.rTf 11Uj,.i r E'XCG'd2 Ap r, . } ~ El 4Ct ~'~;Ilol, i{'(~a_ 'Jtld~ 0U :ill{r^e, 0 J E t.~~: bl.ellcr{.}, 9": LF}JGJ.lh73( }ICS 7i:}'i!ta 0C(I 'J U'{ ';UCrC fiVJll:tCKi?flUl} j•j(JC k!1. {;fLIjFr. tlj(lliC, ~i) Cogei of f11 t, ji;l Lt t.l 114. f' JJq,j lq'1 1)^Atll{['r'>>X nr 1.O.S .T r ce;t JJ' i qq y c, t, t hire Vllw, Tn coljjouU f:U ro!, 1i,uflSicnJ(`!C'? Or fli IIrtif bJ.C6lJr 2.•lflUlll11 - f•:lErft.~r't] k ,6 ,10 . MIMI ground, In the event it is determined that such current, at any time, exceeds 5.0 milli- amperes, rms, Carrier shall have the right to require such installation or modification as may be necessary to reduce the current to 5.0 milliamperes, rms, or less, and the entire cost of the installation or modification shall be borne by the Licensee. If, in Carrier's opinion, changes in its property make it impractical or unsafe to continue the Wire Line on Carrier's property, Carrier shall have the right to terminate this agreement on written notice to Licensee. 5. Term hereof shall begin with the date. first hereinabove written, and continue thereafter until concluded (1st) by expiration of thirty days, following serving, by Licensee on Carrier, or vice versa, of written notice of intention to end term hereof or (2nd), at Carrier's election without further notice, by expiration of six months without the Wire Line having been installed or by Licensee failing to cure any default within thirty days following written request therefor. Any notice of Carrier shall be deemed served when posted conspicuously on Wire Line or when deposited, postage prepaid, in U. S. Mail addressed as aforesaid. Not later than last day of term hereof Licensee shall remove Wire Line and restors Premises. Any of Wire Line not so removed shall at Carrier's election without notice be deel;ed abandoned. Covenants herein shall inure to or bind each party's heirs, legal representatives, successors and assigns; pro- vided: no right of Licensee shall be transferred or assigned, either voluntarily or involuntarily, excepL by express agreement acceptable to Carrier. Carrier or Licensee may waive any default at any time of the other without affecting, or impairing any right arising from, any subsequent default. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement as of the day and yeat first hereinabove written. WIVESSESt MISSOURI PACIFIC RAILROAD COMPANY 1 By~_ t n General Manager ATTEST CITY OF OENTON Secretary By (Affix Seal) yo a - v 7 WITNESSES ) q J `t 0 3 - N i 1. 1~f: 1 •II 1'l1, '.i ;f, 1 I r,~ j~.l j~( -f L' [aE Lf?.y Idf=;r 1 _I 1. r. f''! ,'111 1t ~„t (~fl 1 :I.i: f~ f :1 rf. rl f r , rl .'li t. Ldl is it' udi~~f lICtf {'~f7I1 ~'lUl'!Jlj' 1U j:ul, f'Af ysF r~~tg (1(7 L'lj Lf'1i jlJIf li fri (f(,f'll(1 F..C o,I tI I^ 1 f ' ti Y f ,311 ~\Wr1C •~1OR' ~ i ~ _ -cZ-- »:-c. Qf1, yr llfl j/I' I- _ ,1/ O 11010 ~.1 . / eau, tea. L. r / O. 0 t' .81467 J~• . \ , e~ t1 Eli A MISSOURI PAC:FIC RAILROAD COloIAPM),(; TEXAS DiSMICT I Jlc"D RIYCFt Division PRO PO%Lb 'J fit. LI KE CAOSSiNS p'~(~ A 2 V 6• 3 b OFFIC : OF DISTRICT ENGINCEA-110i! =J1, TF.X~Ii ! rCALE 11- _ \ \ DRAFTSfal_AN _ DATE~ -~Q r _~M\ FILL 1'p,R.'F'>!~'p~sr~.`n~~°,"w"" ;.r'.,""+ThtR!R,s1"'7?P*f"Ci~ Carr m+.-•...c .-.-n-.*v'~ -r•.,... '77 7 '>l+ d ~ t r~; tit, .r , ~ 19.~1~ ! daI r 'r a 'r 11 Z r.' 1 v~ ) t 'y '~I. Ir ~ ~ J4 y ~ , `1s f ~ 4 i ~ ~r 1r .k ~ k {^51 r~~J• 'V , A{t * 'r t ~r•'f"^~{Q ~ f i 7t 1't I ~ ~ , 7 J I 3 y ~ rte. ~h~g10At11213~~,a of 0 ~~91 0 001 401'o • ' T111-ij OP m,~;SS SINGLE ACKAOWLEDGMENT , } A COUNTY in d for ` UP Texas on this cloy pL•rsonally appeared Ri chard..0 Tl Stpwa1 t ~aygz I9. f theyt alt County, of, the y Denton Texas, a Municipal Corporation f•.. r~; ~hof rice r _ known to metoM~ i erl?roti tiaf , n,nnv 15 rub:•cr bed to the forcgotng instrument, and ncknom-ledged tome that he CxTC4t0(1 rile th'~,fM I!d {IUrp, , oral rr, i r•,:,lEon ttitrg.,in esj res.ed., & ~capacity therein stated. GIVENIINP,1'.R hIV1IA 11 AIt) si tr, or' OF11Ch,'I'hi J, AjVi~ day ofy ` A.D. 19 83 J 1 : Notary F'ubli DentOll_. vv County, Texas h1y I;urnn,iren+n I•:xpin~:.~,, 19.Q~ ' TOIN,r ACHNOWLEDr,.ti1YNT THE STATE'ora~ 7`i:Y~A,, l COUNTY OF o" a ,5,• JtBI'OT:I; bIF, the ui dc•rsisnol nuthoritY, in and for County, Tcsaa, (jr, tM.; rL,y , r::.>n.lty ipiv:nird his wife, both known to me h, IM tho P moons Nk ho e n,n,e; nlrri r u'u: crihrd to the foregoing instrument, nod neknowledi;ed to me that they cash exrcutol t7u:11710 for th., p~n;•, c; :.ltd c„n:i'l:rrCi,lri I!v:rrin exr,r, sscd, and the said . v. if, of tlic :-.1 oi having been examined by ere privily and apart from her hui hrwrl, , d h:,t till' fully capl;.ir,cd to her, she, the said . she dvclavcd that she had willingly sir;ned Uto saute frr the parr, heir dl cnnsidetrattionstlr rein expres ed, and that sho did rot wish to retract it. GIVEN UNDER MY HAND AND SEAL OF 01710-% Tl i day of Notr,y Pu6L'e1 .....County, Texas Aly Cmmnii'sinn Fspites June 1, 19.... N1FE'S 5110111AIIATF ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF f BEFORE bIE, the undersi toed authority, in and for said County, Texas, cn this clay personally uppr nerd Wife of knoryn to me to be' the pet.nn %ih le nr,nic 1s .ub>rri bed to the fri oing inannment, nml hacinr,• been esanune•I by ins privily and apart from her husband, and hayinw the same fully •xplaiMA tc her, she, the sold she declared that the had willingly cisncd the r.. ;c S ,h,, purr r , :.l suc e;r;,d e.i3n ,dcrrthnth,ei n cap o6 h,!, andJlliat ale did not wlsh to retract it. GIVEN UNDER MY ]SAND AND SEAT, OF OVFTCF,,Tinis . day of._.. , A.D. 29 (L.S.) „t POY10County, Texas My Comwis.,ion Expires June 1, 19 , CLERK'S CEI~TIFIC.ITE THE STATE OF TEXAS, l COUNTY OF. . f T' . County. Clerk of the County Court of said County, do heretly certify that the foregoing instrument of writing dated un the day of . A. D. 19 , w'th its Ceiti1cute of Authentication, ins fled for record in my office on the day of _ A. D. 19. _ , ot_.... o'clock .Ti., 'end duly recorded this day of A. I), 19.___. , at o'clock M., in the Records of said County, in Volume on P.11905. WITNESS MY BAND AND SEAL OF THE COUNTY COURT of said Cuunty, at cMce in , the day and year last above written, County Clerk . County, Texas. (L S.) Deputy, W ..iSS M WI I I G Q r'' or P i V rV Q Y N (t, ri A 1 Hr ~ ! 1-. Z C) or r . 1,j y vi f~ )IJ I rS 2Fj €~e Cy 3 I~ ~ f ~ ~ ~ ~ 1 ~ ! ~ a u I`, 0 C-!,r--CWIr CLAN DEPT S7ILS 9iaz:r JAi,L na3 Sl2ii 9~..,a4 Gcl u'nLusuul~ _ _ Maail:i ~411~nei i 00•. Datty ~ i THE STAM OF TEXAS, KNOW ALL MEN BY THEE 'COUir'4`Y OF DENTON I S PRESENTS: DEED RECORDS That The City of Denton, Texas, a Municipal Corporation f I II of the County of Denton and State of Texas , for and in consideration of ! the sum of I. ------------------------ONE AND NO/100 ($1.00 DOLLARS, i to it in hand paid by Wm. C. Wright, Wm. J. Evans, C. A. Blakely and College View Baptist Church of the County of Denton and State of Texas , the receipt of which ;l is hereby acknowledged, do, by these presents, BARGAIN, SELL, RELEASE, AND FOREVER I QUIT CLAnI unto the said Wm. C. Wright, Wm. J_ Evans, C. A. Blakely and College View Baptist Church, their heirs and successors and assigns J1exsxaricx36s , , all its righttitle and interest in and to that certain tract or par. j~ eel of land lying in the County of Denton and State of Texas, described as follows, to-wit: All that certain lot, tract or parcel of land lying and being i' situated in the City and County of Denton, State of Texas, and being ii part of the J. Brock Survey, Abstract No. 55 of the Sunrise Addition, f~ an addit9:n to the City and County of Denton, recorded in Volume 407, Page 499 of the Deed Records of Denton County, Texas, and more parti- cularly described as follows: BEGINNING at the intersection of the west right of way line of Hettie II Street with the north right of way of Patsy Street, said point alpo I f being the southeast corner of Lot 1, Block B Sunrise Addition; THENCE west along the north right of way line of Patsy Street and the { south boundary line of said lot a distance of 333 feet to the inter- fIi section of the east right of way of Ruddell Street with the north right If of way line of Patsy Street; I i THENCE south a distance of 50 feet to the intersection of the east right of way line of Ruddell Street with the south right of way line of Patsy Street; THENCE east along the south right of way line of Patsy Street a distance of 333.4 feet to the intersection of the west right of way line of Hettie yl Street with the south right of way line of Patsy Street; THENCE northerly a distance of 50 feet to the place of beginning and containing 16,660 square feet of land, more or less. I~ ;I TO 11AVE AND TO HOLD the said premises, together with all and singular the rights, privi• i. 1 leges and appurtenances thereto in any manner belonging unto the said Wm. C. Wright, Wm. J. Evans, C. A. Blakely and College View Baptist Church, their heirs and ~ i successors k6cx and assigns, forever, so that neither the said city of Denton, Texas, a Municipal Corporation, its successors ! nor W?;tAyW any person or persona claiming under it shall, at any time hereafter, I have, claim or demand any right or title to the aforesaid premises or appurtenances, or any part there. y , of. WITNESfS my hand at Denton, Texas this .3.> f day of s~a,~~-oar A. D. 1981 Witnesses at Request of Giuntor: C1TY...OF_ N OH,. XM I HARD O STE ART, MAY R BROOKS HOLT, CITY SECRETARY ~V .~...A•ss~.+a.<u9.YUlmsbas r.asax.:mrif aaai r•.suaser_r<sa..m:.t s~-.~s..a~..::uc ~11L f♦ W~'YMSlftld.lYy Y•~Y.'r=S•. ~'^~G-f.YTI.YZ ~Tr-" - ~V ~•r~ _-«..i-1.>~T_-i'~, _-~C-- !3'...- .S ~Yb...:_.'d',t.~S'S!'. u LAW UrFICES !I BOOTH, LLOYD AND SIMMONS A PROFESSIONAL CORPORATION X-2 SAN JACINTO BUILDING 9TH S SAN JACINTO yy AUSTIN, TEXAS 787 78701 FRANK R, BOOTH 512-478-9506 Zip ROBERT H. LLOYD LUTCHER B. SIMMONS PAUL G.GOSSELINK March 10, 1981 MAR 12 1981 SKIP NEWSOM PATRICK W. LINONER BRENTWRYAN C jy OF DENTON MANAGER'S CFFIGE Mr. Chris Hartung City Manager 215 E. McKinney St. Denton, Texas 76201 RE: Upper Trinity Water Right Adjudication Dsar Chris: Enclosed is a copy of the Commission's order overruling our application for rehearing in the referenced adjudication. We will be notified when the case is appealed as required by the Water Right Adjudication Act. At that time, we can decide whether or not to proceed with the appeal. Kindest personal regards. Very truly yours, Fra4ffloth FRB/nlm enclosure r• TEXAS DEPARTMENT OF WATER RES0UjtCFS HAM WAM [01111LUM s AN ORDER overruling the application for rehearing filed by the City of Denton concerning the Modified Final Determination of Claims of Water Rights in the Upper Trinity River Segment of the Trinity River Basin on the 9th day of February, 1981, came on to be considered by tht. Texas Water Commission, the application for rehearing filed on the 14th day of January, 1981, by the City of Denton concerning the Commission's Modified Final Determination of November 17, 1980, of claims of water rights in the Upper Trinity River Segment of the Trinity River Basin. After considering the writ*en application for rehearing, the Commission determined that such application, should in all things be overruled. NOW, THEREFORE, BE IT ORDERED BY THE TEXAS WATER COMMISSION that the application for rehearing filed by the City of Dentoji is hereby overruled. The Chief Clerk is directed to send a copy of this order to all parties to the proceeding. Issued this the 9th day of February, 1981. TEXAS WATER COMMISSION Fe ix McDonald, Cha rma Dorsey 9, Hardeman, Commissioner ATTE5Ti Mar He ner, C ie C erk STATE OF TEXAS ICOUNTY OF TRAVIS I, Mary Ann Hefner, Chief Clerk of the Texas Water Commission of the Department of Water Resources, do hereby certify that the attached and foregoing is a true and correct copy of an Order of the Commission, the original of which is filed in the permanent records of the Commission. Given under my hand and the seal of the Texas Water Commission, this 13th day of __February 1991 Mary A liefner, Chief erk Texas Rater Commission Seal i it 'A P ~ 11 £ f A Z P I CL.U5I GEED SV;rt 9ir,Sla J:i: t and 4°i'ei 9r:.-a:a A:Inoaf.dtcmla UkRTM StANaaeri oi. rvjjps.__._-~ i I ' TTIE S,~`~~}E , OF ~'~':t~ , KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON 1 , DEED RECORDS 0 That The City of Denton, 'Texas, z, Municipal Corporation r~ of the County of Den+_on and State of Texas , for and in consrderRtion of thesilm of -----------------ONE AND N0!100 ($1.00)---------- - DOLLARS, to it in hand paid by Wm. C. Wright, Wm. J. Evans, C. A. Blakely and College View Baptist Church of the County of Denton and State of Tea ?s , the receipt of which is hereby acknowledged, do, by these presents, BARGAIN, SEI.? , '_tELEAS11. AND FOREVER i r QUIT CLAW unto the said Wm. C. Wright, Wm. J. Evans, C. A. Blakely and College View Baptist Church, their heirs and successors and assigns Amirxzzkxmi=, all its righttitle and interest in and to that certain tract or par. cal of land lying in the County of Denton and State of Texas, described as follows, i' to-wit: All that _ certain lot, tract or parcel of ].and lying and being situated in the City and County of Denton, State of Texas, and being part of the J. Brock Survey, Abstract No. 55 of the Sunrise Addition, an addition to the City and Country of Denton, recorded in Volume 407, Page 499 of the Deed Records of Denton County, Texas, and more parti- cularly described as follows: fl BEGINNING at the intersection of the west right of way line of Hettie Street with the north right of way of Patsy Street, said point algo i being the southeast corner of Lot 1, Block B Sunrise Addition; THENCE west along the north right of way line of Patsy Street and the south boundary line of said lot a distance of 333 feet to the inter- j ~i section of the east right of way of Ruddell Street with the north right f of way line of Patsy Street; !i I; THENCE south a distance of 50 feet to the intersection of the east right of way line of Ruddell Street with the south right of way line of Patsy Street; THENCE east along the south right of way line of Patsy Street a distance of 333.4 feet to the intersection of the west right of way line of Hettie :i Street with the south right of way line of Patsy Street; THENCE northerly a distance of 50 feet to the place of beginning and containing 16,660 square feet of land, more or less. I e }'0 HAVE AND TO HOLD the said premises, tol;Cther with all and singular the rights, privi- loges ar : appurtenances thereto in any manner belonging unto the said Wm. C. Wright, Wm. J. 1 Evans, C. A. Blakely and College View Baptist Church, their heirs and I If Auccessors babe and assigns, forever, so that nt,Ither the said + City of Denton, Texas, a Municipal Corporation, its successors nor Mmm any persun or persona claiming under it shall, at anytime hereafter, have, claim or demand any right or title to the aforeaiid promises or appurtenances, or any art thr.r of. (WITNESS my hand At Denton, Texas this .tick 'C i day of A. D. 1981 Witnesses at Request of Grantor: C,LTY_ 02 "N..QIy,. XA f IC HARD O STE ART, MAY R BROOKS s11OLT, CITY SFCRETARY j`j 2 SINGLE ,1CiSKOWLI:BCDIF;NT + THE STATE 0piTj,,xVq,,, COUNTY OF. _DENroN f in and for said County,'faxas, on this day- personally apprarcd Richard 0..,.. Stewart, , Mayor. Of....the City of Denton, ,texas, a Municipal Corporation yOfficcr known to me to t Pr'Ttco;. O4 M e I ;.m., IS ~,Ib=crlbed to the frregoing inslr•u.nent, and acknowledged to me that he e xifVtofj tht•rgamF fvr ilk pr:rl...rr. and con: iteration therein expressed., & capacity therein stated. GIVES IfNll, ,lt ~I1'•T1A\;1'A2~) SEAL OF OFFICE, This,,. day of / , A.D. 19 81 j Notary I'ubli Denton County, Texas x' t:.-. . ~ r Aly Crmrnission Expire`., 1984.. ' .JOINT ACANOWLEDGMENT THE STATtE;.OF TEXAS, ~ BEFORE Aft;, the, undersigned authority, COUNTY CIF )r ~ . J in and for said County, Tex,is, rn 114is day personally appeared _ „ . . ru d his Wifo, both kn,.wn to me to be the pcr:oms uho n;in.es ere •u1j..cribu4 to tho foregoing instrnmunt, and acknowledged to me that they each executed the s;4rnc for the purpo:ns ind rrr.eP lrr:tion therein exprecsrd, rind the said , wife or tLz F: id having been cxamirte,l by me privily ani ap::rt from her husband, and hav;,ig tho Fain,,, fully cxplainr.d to her, she, the said arknmt ledr,"od ruck instrument to be her art and deed and II declared that she had c: 11'r,gly signed 11:0 snrne for the pui p. Fes and o,r;s:Jcration therein expressed, and that the did not wish to retract it. GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thts day of , A.D. 19. , (T..S.1 N.,tury Public, County, Texas My Cnnltnirsion Expires June 1, 19,..... 1VIFFIS Si,PA1tA'Fh. ACKNOWLEDGMENT THE STATE OF TEXAS, ! COUNTY OF f T3E1 ORP: ME, the undersigned authority, in and for Bald County, Texas, oft this day pern-mally nppr;rrcd knott'n to me to be the pcrron ~ hocc n:!me is suherl;~ad to the f>,repninr; inr irwncnt, ;uud haciny; been examined by m? pri~•ily al,d apart firm leer husband, and Lavin; the soma fully expt;,lred to hcr, she, the said _ r.rknouird cil such instumrnt bo be hcr art nwi dce,l, rnd the declnred that rl',e had willingly rigm,d the r:;r.e frs the T•u: prres r.r,d rons'drrotion therein exprca.tcd, and that she did not wish to retract it. GIVEN UNDER MY HAND AND SFAL, OF OFFICE,This_ day of.. _ _ , A.D. 19 Notary hUSE(, County, Texas My Curnmis.aion Expires Juae 1, 19..... CLERK'S CERTIFICATH r THE STATE OF TEXAS, ~ t, _ _ , County COUNTY OF...... „ Clerk of the County Court of said County, do hereby certify that the foregoing instrument of writing dated on the day o!...... , A. D. 19 with its Certificate of Aulhcnlicntion, was filed for record In my office on the day of. A. I). 19-_. , at o'clock AL, and duly recorded this _._day of.. . A. 1). 19., , at o'clock bl., in the Rccord.v of Faid County, in Volume.. , on Pages. 1VITNESS MY HAND AND SEAT, of THE COUNTY COURT of said Cuwtty, at 011ce In . the day and year last above written. . County Clerk. County, Texas. \ (L.9) By.. Deputy. 11. 4 t A A A L S ; rN gib. G W V ►o+ 4.. Q e to it -14 , n v N 44: jI 9,0 ILI, "01 EA E-4 Vf r 1 C VI i 11 'f n t s „`r5N aS~r ( '1 S d;.!* } t ~ M v' r 4, : r , 2 ~ 4 tb t• a R;, ~ r 4. ~ y t'. v J y r t 1 i. t t'1r. r * $'~t1 z ' 7 w v yr r t ~ r ~ i vS V ar tsbtiw t 11 s o f J t .V. + r) .~r1 v M1 P { ti...•y v . r S LTr r j~io f ~ ' ~ f v 'rt" r.'j ~ f'11. of J w 13u r•~~+'r': INDEPENDENT CONTRACTOR'S AGREEMENT t t 'y r THE STATE OF TEXAS S yi KNOW ALL MEN BY THESE PRESENTS: ' COUNTY OF DENTON S r E The City of Denton, Texas, a Municipal Home Rule City r~ situated in Denton County, Texas, hereinafter called "City "I acting herein by and through its City Manager, and Parris Gerald 4 Cobb, hereinafter called Contractor, hereby mutually agree as iJ follows: 1. SERVICES TO BE PERFORMED: City hereby retains Contractor to perform the hereinafter designated services and Contractor agrees to perform the following servicesi A. Provide Consultant Work to Kathryn Ursey and/or members > j of the Personnel Deparr.dent as follows: f, 1. Script: Advise Ursey of multi-image techniques and technicalities which have direct bearing upon the script and will recommend changes for enhancement of presentation. 2. Storyboard: Provide advice of type and quantity of slides per concept. Work out visual design, special effects, and transitions between major parts of the presentation. 3. Graphics: Be responsible for graphic design and work with Ursey in preparing existing artwork for photographic reproduction. Handle s abstract concepts and wording requiring type j setting. Work with city staff in paste-up and I other routine graphic operations. 4. Photography: Developing Photographic shot sheets. Photographing some of the more difficult situations and special photographic effects. Responsible for obtaining her.vy , plastic mounts, but will receive assistance in remounting of the slides for the presentation. 5. Soundtrack: Responsible for the recording of the narration, developing the soundtrack, its mixdown and for the synchronization of the soundtrack. Supply two copies on casssette with the computerized digital positrak AVL multi-image playback equipment. yf, r:r 6. Responsible for editing process. Work to be completed with or without Ursey's assistance. Process usually takes place when time is of V 'rc extreme essence, conditions existing at that t+z time shall determine final breakdown of responsibilities. t4 7. Programming & Synchronization: Shall be responsible for production activities. Assist Ursey in learning the basic programming operations for production and presentation, ±y' 2. COMPENSATION TO BE PAID CONTRACTOR: City agrees to pay n<< nd Contractor or the services per ormed hereuer as follows: .+a . .,..............,..A,..A..o, ......-...-.......,,...~.~.....,,,--.~.r.,,, - - 1" i A. Amount of Payments for Services: 1. Script Consultation (approximate time required-10 hours) 100.00 t" 2. Storyboard Consultation 3+; (approximate time required 15 hours)... 150.00 3. Graphics (approximately 30 slides) 150.00 4. Photography (some on-site shooting 10 rolls & 300.00 processing-36 exposures) 5. Sound Track (To provide completed soundtrack- includes $35.00 for narrator, does not include fees for cleared music requiring needle drop charges,)........ 350.00 a 6. Editing (Approximately one (1) day).....,...... 100.00 7. Programming & Synchronization (approximately 1-1/2) days)...,........ 150.00 t M Total .................$1,300.00 a B. Dates of Payments: Contractor shall be paid for Fervices performed as i follows: $ ~ February 23, 1981.6009 450.40 March 9, 1981 450.00 March 25, 1981 400.00 3. SUPERVISION AND CONTROL BY CITY: it is mutually understood and agreed by and between City and Contractor that contractor is an independent Contractor and shall not be deemed to be or considered an employee of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, or any other City employee benefit. The City shall not have supervision and control of Contractor or any employee of Contractor, but it is expressly understood that Contractor shall perform the services hereunder ,st the direction of and to the satisfaction of the City Manager of the City of Denton or his designee under this agreement. 4. SOURCE OF FUNDS: All payments to Contractor under this the agreement City Coare to be uncil for paid by tin from Budget aof rtheiCity of a. Denton. 3 5. INSURANCE: Contractor shall provide at his own cost and expense wor m nTS compensation insurance, liability insurance, ,C.q ~w { 7 !1A y ~ and all other insurance necessary to protect Contractor in the operation of Contractor's business. 1 6. CANCELLATION: City reserves the right to cancel this I' Agreement at any time by giving Contractor thirty (30) days written notice of its intention to cancel this Agreement. E: 7. TERM OF CONTRACT: This Agreement shall commence on the 16th lay of F-brua-y, 1981, and end on the 25th day of March, 1981. EXECUTED the this 16th day of February, 1981. ' CITY OF DENTON, T XAS r BY,. G. CHR ARTU G CITY MANAGER 3K S ur i HOLT, CITY SECRETARY APPROVED AS TO LEGAL FORM C. J. TAYLOR, JR., CITY ATTORNEY k BY: _ l PARRIS LD COBB, CONTRACTOR E` 09 4 i' BY The Betty McKean, Director of Personnel, is hereby E designated as the person to administer the provis on of this j agreement. 2 r~ DATE / O. CHRIS HARTU G, CITY SAGER ry~ M J, F • 'i"ttY~ tIl it t ~.f 9 _f1A1i 7 ~l V, i. .1 • ' ~ ~ • ~ ~l . ~ ' l' • • t. S ~ `t.,r ~ ;v~.. S. i ~y~ i ~ i~r, ~ ' THE O1uu1L STATE OF TEXAS~fy ALL MEN $Y"F}IEP1Z~[~YS: THAT JOHN DAWSON, SR. 4634, ,.Y. of Denton County, Texas 'in consideration of the sum of One Dollar 01.00) and other good and valuable consideration in hand paid by the City of Denton, Texas receipt of which is hereby acknowledged, do by . , ...I these presents grant, bargain, sell and convey unto tothe City of Denton, Texas , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by him Situated in Denton County, Texas, in the ~ R. B. Longbottom gurus , Abstract No. 775 All that certain 16 foot wide s rip, or parcel of land situated in the R. B. Longbottom Survey, Abstract No. 775, Denton County, Texas; said strip being part of tract described in deed from Billy W. Claytor, et ux to John L. Dawson, Sr., et al as recorded in Volume 1056, Page 123 Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows: BEGINNING for the northeast corner of the tract being described herein at a point in the north line of described tract said point lying north 850 05' west 66.8 feet from the northeast corner of said Dawson tract; THENCE south 070 15' east 273.8 feet to a point; THENCE north 850 05' west 16.0 feet to a point; THENCE north 70 15' west 273.0 feet to a point in the north line of said Dawson tract; THENCE south 850 05' east 16.0 feet to the point of beginning; And it is further agreed that the said City of Denton, Texas in consideration of the benefits above set out, will remove from the property above described, such fences, buildings and other obstructions as may now be found upon said property. For the purpose of constructing, installing, repairing and perpetually maintaining electric distribution facilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents, employees, workmen anC representatives having ingress, egress, and regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said electric distribution facilities, or any part thereof. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premises above described. Witness my hand , this the 17th day of Feb ua , A. D. 1281. ; ` SINGLE' ACKNOWLEDGMENT THE STATE OF 'TEXAS, BEFORE DI F, the undersigned authority, COUNTY OF DENTON._ in and for said Count this day personally appeared John Dawson, Sr i_,own to me ]C6 Wa•psrsoq ,fy Vill vne lS sul,scr ',ed to the foregoing instrument, and acknowledged to me r f- that t `-GIVE .1~\rpEg 111Y 1t.~I~~Ah9 urpuses and cons idcration therein expressed. ~N SEAL OF OFFICE, Thi- 7th day of . Feb ar.y A. D. 1981. ` ht k;1;a Notary ublic, _-De0tQI7...... ----.-County, Texas • v J My Commission Expires4ww+,-"_:3 ,3/-8,s SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE ME, the undersigned authority, COUNTY OF in and for said County, Texas, on this day personally appeared...._.___--___._.__-..____--_-__-_.___.__._..__ _ - . known to me to be the person whose name . _ subscribed to the foregoing instrument, and acknowledged to me that _ . he executed the name for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of, - , A.D. 19 ( L.S. ) Notary Public, _ County, Texas My Commission Fxpires June 1, 19 CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS, BEFORE MF, the undersE ned authorit g y, COUNTY OF I In and for said County, Texas, on this day personally apperred - - - known to me to f-c the person and officer whose name is subscribed to the foregoing instrument wed ncknowledged to me that the same was the aft of the said a corporation, and that he executed the same as the set of such corporation for the purposes and conslderatfun therein expressed, and In the capacity therein slated. GIVEN UNDER MY BAND AND SEAL OF OFFICE, This day of _ , A.D. 19 (L.S.) Notary Public, _-County, Texas SM!noj aaltna 414719AJ My Commission Expires June 1, 19.-. G ERK'S CERTIFICATE THE S~aFS County COUNTY 0 ..xs y.....~. fl Clerk of the Counti curt of said Coun „co N 'e by certify that the foregoing instrument of writing dated on the . day of !06♦!, Z.a 4 j A. D. 19 with its Certificate of Authentication, was filed for record In 'efl,~(oue8 cs.6va,~8,J' RSA u t, fl to A. D. 19 , at o'clock M., and duly recordedA App ssm Pus ruuoa a Ueewnlon ow of p.p,7e A. D. 19.. at . o'clock M., in the s W1 .6fh1 Jvewtulxatsl4 irfx, a'li P. W;.... Records of said County, In Volume on pages t' WIT a ~H1t7~D D',",?,,,Af1k 10UNTY COURT of Paid County, nt office In .........SYX4jp30&he day and year last above written. County Clerk. County, Texas. (I L) Hy, Deputy. I{ A c~ a a' 5 ! •x` a Ir wI a~ SyONO 2C dA llf 1~► b p3 la W tn! Al iY ERIf~ E OM TE w 3 ~d f W o a IY `!~•Mr Pot Oj j~ ! ~ I II f ~ 0 h u ! ; I iP 1 i I ~ i f c;OAS a i h pi.19SI 41'