HomeMy WebLinkAbout06-20-1989
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AGENDA
CITY CF DENTON CITY COUNCIL
June 20, 1989
Work Session of the City of Denton City Council. on Tuesday,
June 20, 1989, at 5:30 p.m. In the Civil Defense Room of City
I Hall, 215 E. McKinney, Denton, Texas at which the following
items wlil be considered:
5:30 p.m.
' Note, Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the
h Regular Meeting.
1. Review of RFP's for the collection of delinquent taxes.
f 2. Review proposed resolut).on approving Policy Number
ffff ( 108.11, Drug Free Workplace and Policy Number 107.1.
Employee Assistance Program.
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3. Discuss single permittiig procedures relative to
changes in the Buildina Code, Electrical Code,
Mechanical Code, and Plumbing Code for residential
construction.
4. Discuss City of Denton Boards and Commibsions relative
to regulations governing conflicts of interest.
5. Executive session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17 J
V.A.T.S.
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1. Discuss in re: Flow and Lincolnwood Va. Ci.-Z
of Denton.
B. Real Estate Under Sec. 2(f), Art. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
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1. Consider appointments to all City of Denton
Board3 and Commissions.
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Regular Meeting of the City of Denton Clty Council on Tuesday,
June 20, 1989, at 7:00 p.m, in the Council Chambers nf City
Hall, 215 E. McKinney, Denton, Texas at which the following
items will be considered:
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City of Denton City Council Agenda
June 20, 1989
Page 2
7:00 p.m.
1. Presentation of awards for winners of the City of
Denton Newspaper Recycling Contest and Yard of the
Month.
2. Receive a citizen's report from Mr, Tom Van regarding
an increase in the fares for taxicab service.
3. Consent Agenda
Each of these items is recommended by the Staff and
approval thereof will be strictly on the basis of the Staff
recommendations. Approval of the Consent Agenda authorizes the
City Manager or his designee to implement each item in I
accordance with the Staff recommendations.
Listed below are bids and purchase orders to be
approved for payment under the Ordinance section of the
agenda. Detailed back-up information is attached to the
ordinances (Agenda items 4.A, 4.B). This listing is provided
on the Consent Agenda to allow Council Members to discuss any
item prior to approval of the ordinance.
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s A. Bids and Purchase Orders:
1. Bid #9986 - Traffic Controllers b Cabinets j
4. ordinances I
A. Consider adoption of an ordinance accepting J
competitive bids and providing for the award of
contracts for the purchase of materials,
equipment, supplies or services.
B. ^onsider adoption of an ordinance amending
Chapter 5, Article 1 (Building Code) of the Code
of Ordinances of the City of Denton to provide
for amendments to Section 5-3, by amending the
I 1985 Uniform Building Code thereto regarding
j permit fees; providing for a penalty in the
maximum amount of $500.00 for violations thereof:
providing for a severability clause; and
providing for a repealer. (The Building Code
Board recommends approval.)
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City of Denton City Council Agenda
June 20, 1989
Page 3
C. Consider adoption of an ordinance amending
Chapter 9, Article IV (Electrical Code) of the
Code of Ordinances of the City of Denton, Texas,
by amending Sections 9-46 and 9-47, deleting the
requirement of an electrical permit for the
construction of new one and two family dwellings
not exceeding 4,599 square feet in floor area and
now multi-family complexes; providing a
severability clause; repealing all ordinances in ,
conflict herewith; and providing for a penalty in
the maximum amount of $500.00 for violation
thereof. (The Electrical Code Board recommends
approval.)
D. Consider adoption of an ordinance amending
Chapter 13 1/2 (Mechanical Code) of thu Code of +
Ordinances of the City of Denton. Texas by
amending Section 13 1/2-3 creating an exception j
to the requirement to obtain a mechanical permit
and the payment of a permit fee; providing a
f severability clause; repealing all ordinances in
conflict herewith; and providing for a penalty in
j ! the maximum amount of $500,00 for violation
thereof. (The Plumbing and Mechanical Code Board N
I ' recommends approval.) J
l E. Consider adoption of an ordinance amending
r Chapter 17, Article It (Plumbing Code) of the
Code of Ordinancer of the City of Denton, Texas,
by amending Section 17-17 (b) creating an
exception to the requirement to obtain a plumbing
permit; and by amending Section 17-22 creating an
exception to the fee schedule requirements;
repealing all ordinances in conflict herewith;
and providing for a penalty in the maximum amount
of $500,00 for violation thereof.. (The Plumbing
and Mechanical Code Board recommends approval.)
F. Consider adoption of an ordinance approving a
contract with C. H. Guernsey Consultants for 1989
Electric Hate Study. (The Public Utilities Board
recommends approval).
! 0. Consider adoption of an ordinance restricting
alcoholic beverages in certain City parks. (The
Parks and Recreation Board recommends approval).
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City of Denton city council Agenda
Juno 20, 1989
Page 4
H. Consider adoption of an ordinance approving a
contract between the City of Denton and JAS
Consultants, Inc.
1. Consider adoption of an ordinance adopting
Schedule T-R, Schedule TOS, Schedule TOP and
Schedule TLP. (The Public Utilities Board
recommends approval).
5. Resolutions
A. Consider approval of a resolution approving
Policy Number 108.11, Drug Free Workplace and
Policy Number 107.1, Employee Assistance Program.
B. Consider approval of a resolution temporarily
closing the 135£ service road from Avenue £ to
Bonnie Brae excluding the exit camp prior to
Bonnie Brao on July 4. 1989 for tho Kiwanis
j fireworks display.
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6. Consider approval of the appointment of a Deputy City
secretary.
7. Miscellaneous matters from the City Manager.
A. May Budget Recap
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S. Official Action on Executive Session Items.,
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A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
9. Now Business:
This item provides a section for Council Members to
suggest items for future agendas.
10. Executive Session!
A. Legal Matters Under Sec. 2(e), Art. 6252-17
V.A.T.S.
B. Real Estate Under Sec. 2(f), Act. 6252-17
V.A.T.S.
C. Personnel/Board Appointments Under Sec. 2(g),
Art 6252-17 V.A.T.S.
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City of Denton City Council Agenda
June 20, 1989
Page 5
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City hall of the City of Denton, Texas,
on the _ day of 1989 at o'clock
(a.m,) (p.m.)
/ 31070 ~ CITY SECRETARY
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• 13 40
CITY of DENTON 1215 F. McKinney / Denton, Texas 76201
MEMORANDUM
DATE: June 17, 1989
TO, Lloyd V. Harrell, City Manager
THRU: John F. McGrane, Executive Director of Finance
FROM. Jim L. Bunyard, Treasurer
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SUBJECT: RFP's FOR COLLECTION OF DELINQUENT TAXES
Attached are key excerpts from the firms that have submitted
proposals to collect delinquent ad valorem taxes for the City of
Denton.
We are still in the process of reviewing the proposals, checking
references, and continuing negotiations. We will make a formal
recommendation on June 27, 1989.
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Attachments
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HEARD, GDGGAN, BLAIR & WILLIAMS
ATTORNEYS AT LAW
OLIVER S HE ARO, /R ALLIAN27 INANCIAL CENTRE ALFREW PADILLA
(1915 1077, SUITE 1720 LOWELL P CENTON
M R,II A SAMPSON
OLIVER 1 HEARD, JIM 212. BRYAN ST. KIM(E RL[[ K K. KOVAC VACH
THOMAS S GOOOAN, 111 CALLAS, TEXAS 75201 CLIFTON IT WJOLASS, III
STEP-HEN S III L AIR BEN W CHILDERS
JIM *LAIR 1214) aa0•EI089
iCKC L ►HILLIFPE
l ll N WILLIAMS, JR CHRISTOPHER
I.
HAIIOLD D PUIMAN, JR . PATRICK. BERNAL
P[SCCCAP SU WSAA
STAMANT[
SUSAN 101LSE OODWIN R ELAINE JEFFERSON
LUPI EAMARRIPA June 13, 1989 RIrHAROA 97MICOEM
CLAYTON( MAYFIELD KARL[ HATS
ORCHARDS . CRINGER 4AUNDRIA R CHAS[
ST11HINT Oll KAREN L. MARVEL
OLNE11101 CANALIM PATRICK $ . MCCARTHY
ORLANDOL OARCIA
Mr, John F. McGrane
Executive Director of Finance
City of Denton
213 E, Mcklnney Street
Denton, Texas 76201
Dear Mr. McGrune:
We are pleased to deliver our Proposal to Collect Delinquent Ad Valorem Taxes
for the City of Denton as well as a volume on Analysis of Delinquent Tax Accounts
for the City of Denton,
We have the capacity to provide In timely fashion all of the services requested
in your proposal and have successfully carried out the responsibilities contemplated
for the last three years, We commit our firm and our resources to providing the
City of Denton with the professional services and the successful revenue collection
results that they seek,
F Our performance for the City Is tested, proven and predictable, Our existing
tax collection system enables us to perform successfully the collection
respluasibilliles entrusted to us during difficult economic limes. Program highlights
for the City of Denton since July, 1-986, Include:
4 Total Delinquent Collections $2,173,230
E Demand Letter Mailing Activities 80701 letters
4 Lawsuit Filing Activity 378 Cases
Our delinquent tax collection performance during the past three years is
recapped below and compared to the City's collection In 1985-86:
City of Denton July, 1985-June, 1986 $ 2929788
11G11&W July, 1986-June, 1987 650,339
1111139kW July, 1987-June, 1988 747,095
11GE101 July, 1988-May, 1989 .-775.796'
! $2,173,230
' Represents activity for eleven months,
SAN ANTONIO HOVSTON AUSTIN FORT WORTH SROWNS'll
10WERU111 SVILDINO 1000 CITICORP CENTER 1~it E7l[LO OLD OIL I OAS SLD, SUI!E 1414 1705 SOCA CHICA
Ill FLWR HOUSTON, TEXAS 17001 AUSTIN, TEXAS 77701 so$W 7TH ET suita lea
SAN ANTONIO.TE11A110205 ONE, ass 4F/I IsIll ASS 1461 ~17tI1 RTH,TCAAS 74101 ,7 1 IAAVI LC TEXAS 71711
U1U 1171741
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Since July, 1986, the firm tins conducted six separate mass mailings to
delinquent taxppayyers and sent 8,701 demand letters. A total of 378 lawsuits seeking
to collect $733,581.00 have been filed In the Denton County District Court, 140 of
which are currently pending at different stages of litigation. Our firm is
representing the City of Denton In 28 pending bankruptcy proceedings
encompassing 44 accounts that have proofs of claims filed for approximately
$41,679.00 In delinquent tax debt.
In your analysis and recommendation, we urge you to continue with the
experienced team and proven approach that has resulted In optimizing available
revenues to the City of Denton.
In accordance with the instructions you provided, our proposal references by
number the City of Denton Criteria for Selecting Firm, If any further Information
I Is necessary for a complete response to your Request for Proposals, we Invite you
to contact us.
Mr-jest regards,
Sincerely,
J'~~ l~.y
+ STEVE BLAIR
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I, Experience of the Firms
(Selection Criteria 1, 2 and 3)
INTRODUCTION OF THE FIRMS
I Ileard, Goggan, Blair & Williams
Heard, Goggan, Blair & Williams has been engaged In the collection of
delinquent ad valorem taxes since January, 1480, and is the largest tax collection
firm in Texas, We have more attorneys, a larger professional staff, and have
collected more delinquent taxes, by for, than any other firm In the state.
r~ The firm is currently comprised of three hundred (300) persons, including
f attorncys, system designers, analysts, computer programmers, managers, finance
k specialists, public relations specialists, paralegals, collectors, clerks and secretaries.
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Our office locations include,
Denton San Antonio Conroe I
• Dallas • Austin Anggletun
• Fort Worth Beaumont Rlchmond
► Houston • Brownsville Laredo
► Wharton
Heard, Goggan, Blair & Williams collects delinquent ad valorem property taxes
for the following major taxing jurisdictions in Texas:
City of Dallas • Fort Worth ISD Bexar County
• Dallas ISD Tarrant County City of Houston
• Dallas County • City of San Antonio• Houston ISD
• City of Fort Worth San Antonio ISD
We collect $177,000,000 In delinquent taxes on an annual statewide basis.
Every year we mail approximately 1,500,000 demand letters and file and aggressively
prosecute more than twenty thousand lawsuits. A list of clients with addresses,
phone numbers and contact names is provided on page% 8 through 21.
Curtis M. Loveless and Alike Gregory
Our associated attorneys will continue to be Curtis M. Loveless and Mike
Gregory. They will continue to monitor the project and act as a liaison with local
1 ' officials. The firms %.ill continue to be in a position to advise Heard, Goggan, Blair
& Williams regarding local concerns. As local attorneys with established practices
in Denton, both lawyers have effective working relations with judges, clerks, deputy
` sheriffs and constables In Denton County, who are necessarily Involved in the
f ` collection process.
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REASONS FOR CONTINUING TO CONTRACT WITH 11EARD, GOGGAN, BLUR &
WILLIAMS and CURTIS AL LOVELESS and MIKE GREGORY
' Pro-en Per/onrmmnce: Since the Inception of our contract, we have
significantly Increased delinquent tax collections for the City. Overall, between
Jul , 1986, and May, 1989, our firm has assisted the City of Denton in the
1 collection of $2,173,230.00 In delinquent takes, penalty and Interest. The charts on
L the following pages show the successful results the firm has consistently produced
for the City of Denton and other clients In the North Texas area.
• Der.torn Office; We have maintained a local office in Denton for the past
three years. While our office at 111-B West McKinney was destroyed In a fire on
May 24, 15:9, we have already re-established our law practice at 326-0 East
McKinney. Our new office Is also in close proximity to City Hall and Is highly
accessible for taxpayers. We also maintain a toll-free telephone service for Denton
residents to our Dallas and San Antonio offices.
' Continuity: We have a successful program in place that is effectively
collecting taxes for the City of Denton. Our firm requires no start-up period or
training. There will be no disruption of the vital delinquent tax collection program
and no loss of projected revenues.
' Affiliated Attomeys: The two Denton Iawfirms of Curtis M. Loveless and
Mike Gregory assist in the monitoring of this program. These firms serve as R
liaison with local officials and advise our firm of local com.erns and sensitivities.
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' Llrtgaliar Fffans: We have filed 378 lawsuits on behalf of the City of
Denton since July, 1§86, seeking to collect $733,581.00 in taxes, penalty and
interest. A total of 140 lawsuits filed for the City are currently pending at
different stages of litigation. We have the Iteal experience and staff to pursue
t complex litigation through all levels of state and federal trial and appellate courts.
' Banknrptclea: The firm represents the City of Denton in bankruptcy
cases that Involve delinquent taxes and/or delinquent utilities. Currently, 28 cases
representing $41,679.00 In delinquent taxes are being pursued. Our bankruptcy
program has been established to assure the most expedient collection of bankrupt
accounts.
• Addittona! Collections: When requested, we will collect delinquent
accounts for paving assessment liens, substandard housing demolition liens and weed
liens.
' Bond Ratings: Effective current and delinquent tax collection programs
have helped our clients maintain current bond ratings by both Moody's and Standard
i & Poor's.
' Public Perception: Through aggressive collection techniques, and or.
chestration of extensive media coverage, our firm has achieved a solid public Image
as a serious collector.
' Sound Workplan: A well-planned and well-managed combination of
demand letters, telephone collections, litigation, address research, skip-tracing, and
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media campaigns has accomplished our goal of maximum collections for the city of
Denton.
" Taxpayer Notification: The firm sent 8,701 demand letters to delinquent
taxpayers on behalf of the City of Denton since July 1, 1986, as a result of six
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separate mass mailings. This does not Include the hundreds of letters that are 1
generated out of Denton office annually in response to taxpayer inquiries.
" Vile Search: Prior to the filing of real property lawsuits, we acquire a
thorough title search to determine the last recorded owner of the property, as well
as any other person or entity having an interest in the property.
" Dara Proceming: Our skilled personnel have utilized sophisticated
computer capability and proven software to design a tax program tailored to the
--1 specific circumstances underlying delinquency in the City of Denton.
' Financial Stability and Bond or Oilier Assurances: We have substantial
financial resources necessary to complete this project. If requested, we will provide
a bond or other assurance that the additional penalty assessed to defray the cost of
legal fees on nccounts prior to the 1985 tax year will be repaid by the firm in the
event such fees are ruled Invalid.
' Minorities and Women Parriciparlon: Statewide staffing is 40% ethnic
minorities and 7211/v women at all levels of the organization, with the Dallas office
participation at 54% and 76%, respectively.
' Equity and Compassion: Based on your criteria and instructions, we have
f set up an equitable installment Payment program for those who are unable to pay
their taxes for reasons of age, disability or financial hardship. 1
' Austin Office: An Austin office is maintained to keep abreast of the
t latest legislative matters, Attorney General opinions and Interpretations of the
State Property Tax Board and the Supreme Court of Texas.
' Delinquent Tex Collection Experience: We have been chosen from among
collection firms acroa.% the state to represent 11 of the state's 12 largest taxing
jurisdictions and many small and medium-sized jurisdictions. We have extensive
municipal experience. We are the largest and fastest-growing delinquent tax collec-
tion firm in Texas with 207 clients, many of which represent multiple jurisdictions
within a single contract.
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City of Denton
Comparison of Delinquent Tax Collections
(Base Tax Plus Penalty and Interest)
Thousands
$900
$812,000 ,
$800 $747,095 (2777.)
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~ (2557:) ~ »s, as
$700 $650,339
► .
. + ►
$600 ' ► ' +
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$500 , 10
$400
► '
$292,788 + • +
(100%) ` * • '
$300 ►
►
$200 t '
$100 `
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/ $b Jul 8S - Jun 66 Jul 86 - Jun 67 Jul 87 - Jun 86 Jul 88 - Jun 89
Collections Prior to Contract with Heard, Coggan, Blair and Williams
Actual Collections During Contract with Heard, coggan, Bloir and Williams
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.'L;: J Projected Collections During June 1989
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Heard, Goggan, Biair & Williams
City of Dallas and
Dallas lSD Collections
Millions {
$30 $28,128,982 -12 a
259X 268X
$25
IMUMM
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j 120,38&,909 $20,876,808
119,815,585 ►
MWEEIM
$20 202X $17,624,915 EZIMMM 205X 194X
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175X
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HEM
$15
LK-Nix IM 14
Ulmrku
$10,093,000
LMX
$10 IOOX LPSAAM
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$5 . FEZ/,
$0 7/82-6/83 7/83-8/84 7/84-8/85 7/85-8/85 7/88-8/87 7/87-8/88 7/88-1/89
Total Heard, Goggon, Blair & Williams Collections = $131,493,721
® Prior to Contract with Heard, 00990n, Blair & Williamo
Subsequent to Contract with Heard, Go99on, 810ir & 4llllama
~ • Represents activity for sewn months.
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Heard, Goggan, Blair and Williams
Tarrant County
Comparison of Delinquent Tax Collections
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375x 17,730,488
F 384%
CXM
350%
EPLIg
LI%FM
I + 325%
1 LKPU
ILA 30
LEM
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OLE
$5,741,817
275%
269%
LEM
rimn
2503 15,031,137 bAS.N
238X $4,695,501
14,552,99)
Mal ri%5
221X
PYA-M 220% 214X 14,302,747
202X
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2003
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175% L&M
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150%
FULA
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RLK2
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12511 12,131,194
Bffv,v
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100% 1009
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75X
UKAM
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U= CKM r. VS UL3K13
25X
070
0%
4%30/ _ 13 _ /
d 1/81 x2 4/30/83 430/81 /e3 s/1// 8 4
4S %/g/I yab%ei 4%30/88
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Collectlons prior to Contract with Heard, Goggan, Blair and Williams
I Collections Ourlnq Contract with Heard, Goggan, Blolr and Williams
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City of Carrollton
Delinquent Tax Collections
r $1000 Thousands
$824,582
3a1X
$800
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$583,547
$600 213X
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$400
$274,440
10OX I
$200
$o
E March 1986 - March 1987 - March 1988 -
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Feb. 1987 Feb. 1988 Jan. 1989
Delinquent Tax Collections Prior to Contract with HGBW
Delinquent Tax Collection since HGBW was hired
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DENTON OFFICE (Selection Criteria 5)
Suptr)rt Among Denton, Dallas and State%lde Oplces
Our firm has mahitained a local office in Denton for the past three years that
is managed by Nis. Deborah Patton. Nis. Patton oversees and conducts the day-to.
day delinquent tax collection program, coordinates with City officials, Interfaces
with the Court and Denton Central Appraisal District and deals directly with
delinquent taxpayers.
Ms. Patton will be assisted in the office by Nis. Gingger Walker, a tax clerk
wtith previous experience with the City of Denton. Nis. Walker will provide
collection, research and litigation assistance. j
Ms. Sydna Gordon is the firm's attorney who assumes primary responsibility for
Denton litigation and Pat McCarthy handles bankruptcy litigation.
M Thy staff of the Denton office is directly supported by the Dallas Regional
Office that is managed by Ms. Nancy Prirtteaux and is staffed by more than forty
j tax professionals. An organization chart of the Dallas office is included that details
the division of attorneys, data management staff, collectors, researchers, le.$al
support and clerical staffs. This staff provides direct support to the Denton office
and thereby extends their managerial, collection, research and litigation capabilities.
Tl-,e City of Denton benefits from the fact that our firm is a large,
technologically sophisticated, statewide lawfirm. The statewide staffs that are
involved with data processing, finance and client and media relations all provide
support to our Denton program.
[areal Office
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~ Although the fire of May 24, 1989, destroyed our office at 111•I3 West
McKinney, we have already relocated to 326-0 Cast McKinney. While our furniture
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and equipment has been ruined, we are fortunate that the City's tax files, while
damaged by smoke and water, were salvaged. A newspaper article was released
immediately, informing the citizens of Denton that collections would [lot be
disrupted. Our telephone was reestablished within the day. While we regret this
setback, we have taken every possible step to minimize the effect on collections.
Our new office, across from City Hall, is Ill lily accessible for taxpayers. We
also rralntain toll-free telephone service to our Dallas and San Antonio offices.
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THE ROLE OF CURTIS At. LOVELESS and MIKE GREGORY
` The law firms of Heard, Goggan, Blair & Williams, Curtis M. Loveless and Mike
Gregory have joined their resources in an effort to offer a full complement of
services to the City of Denton.
While in our view, our firm's association with Curtis M. Loveless and Mike
Gregory is exceedingly valuable to all parties concerned, it is an association whose
principal value is to Heard, Goggan, Blair & Williams. Our firms determined the
best role for Curtis M. bweless and Mike Gregory was to advise and assist Heard,
Goggan, Blair & Williams on a wide variety of matters while allowing Heard,
Goggan, Blair & Williams to be the primary contact with the City and handle the
E day-to-day delinquent tax collection operations. In that capacity, Curtis M.
r Loveless and Mike Gregory have provided assistance and counsel to Heard, Goggan,
Blair & Williams in a number of ways;
Recommendation on administrative and policy level issues,
• Response to sensitive community and political issues.
• Support and advocacy for our delinquent tax collection program within
the legal community (both attorneys are active in the Denton County Bar
Association).
• Support and advocacy for our delinquent tax collection program within
the leadership of the business, civic, and media communities.
G The combined efforts generated by the City of Denton, Curtis M, Loveless,
Mike Gregory, and Heard, Goggan, Blair & Williams have proven to be extremely
successful in the past and the team effort will continue to generate the necessary
results for the City of Denton in the future.
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We commit that our collections will total at least 60% of the total amount of
current year delinquency that exists on July 1 (the new "turnover" roll) by the end
of the twelve month period beginning July 1 and ending June 30. We will maintain
this performance standard during each year of the contract.
If we do not meet this commitment, we will supply the City $7,500 worth of
legal services, rogramming and computer services or a cash payment, according to
the City's preference.
The chart below details our collection performance of the current year
delinquent roll during the past three years in Denton.
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I~ Current Year Delinquent Collection Analysis
Time Period: July 86-June 87 July 87-June 88 July 88-April 8y
j Collections Reported: 1985 Taxes 1986 Taxes 1987 Taxes
Beginning Balance: $503,560.28 $605,228.58 $749,891.60 {
Collections: 378,404.11 471,024.72 506,325.44 I
% Collected: 75.15% 77.83% 67.52% •
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' • Represents ten months of activity.
I Our firm pledges to exercise good faith and due diligence In the collection of
delinquent taxes for the City of Denton and in our efforts to meet this performance
goal, it should be recognized that the firm should not be penalized if adverse
economic conditions or other factors beyond its control cause a material reduction
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VIII. Attorneys' Fees
(Selection Criteria 6)
We propose to collect delinquent taxes for the City of Denton for a fee in the
amount of fifteen percent (15%) of the amount of taxes, penalty and interest
actually collected (Section 6.30, Section 33.07 and Section 33.48, Texas Property Tax
Code . No fee .it be payable until the delinquent tax money is collected and in
the ity treasury. Our fee would be payable on a monthly basis.
This is a standard arrangement throughout the state and is embodied in the
form contract promulgated by the State Property Tax Board.
At no additional cost we will provide legal representation in connection with
all phases of collection activity (e.g., defending injunction suits and cross actions).
It Is the considered legal opinion of Heard, Goggan, Blair & Williams that
contracts and compensation for private attorneys are strictly governed by Texas
Property Tax Code Sections 6.30 and 33.07. It has been consistently held by the
courts of Texas and the Office of the Attorney General of Texas that taxing units
have no authority to hire or compensate attorneys except by that authority {
expressly conferred by statute.
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It Is accordingly our opinion that any compensation agreement other than a
j percentage of collections as authorized by Section 6.30 is illegal. It is further our
opinion that any form of fee splitting, rebate or other diversion of the Section
33.07 penalty from the attorneys fees back to the taxing authority is illegal. A
legal memorandum addressing this question will be furnished to the City upon
request.
The standard contract promulgated by the State Property Tax Board provides
that the law firm will be paid only for collections occurring within the period of
the contract, except that the law firm will have six months after the expiration of
the contract to reduce pending suits to judgment, and to handle all appeals to
conclusion. We suggest that the City's contract contain these provisions.
A copy f a proposed contract with the City of Denton Is Included in
Appendix A, as f
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IX. Conclusion
Heard, Ooggan, Blair & Williams has been collecting de '
City of Denton successfully since July, 1986. Our firm attr butest itsxsuccessful
collection effort to a unique merger between the disciplines of the law and
computer technology. Our track record is unmatched; our performance record is
proven.
The City of Denton can rely on our firm to continue to optimize the collection
of delinquent taxes in a most professional and equitable manner. The vital services
provided by the City of Denton should not be put at risk. In the current economic
c imate, the importance of continuity of a program as critical as delinquent tax
collections should not be underestimated.
Wr will continue to consider ourselves at all times to be your partner and to r
function in an attorney-client relationship with the City of Denton. We will
{ continue to keep the City staff advised at all times concerning the nature and
f extent of our efforts and results and be available to answer any questions or assist
you In any way possible. We greatly appreciate the valuable support that the City
staff has shown our firm during the past three years and we look forward to
working together In the future.
` We appreciate your consideration of this proposal, and we remain available to
provide you with additional information or clarification as you may desire.
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MCCREARY, VESELKA, BECK & ALLEN, P.C.
ATTORNEYS AT LAW
JACK 5000REARY R O B01 26990 ROBERT L MEYEAS
SNEL J VESELKA AU6nh TnN 15755 0993 HUNTER L 7AARfIN A +
J ELLIOTT OTT BECK WILLIAM S NEWEERRY. JA
HARVEY M ALLEN
OIIBEAT T BAA00 ROONEY B DO.vD Gf.AAAO , PALCMO
June 13, 1989 ROY L ARMSTRONG
Mr, Jim L. Bunvard
it of Denton
Office of(the Executive Director of Finance
215 E. AIcKinne Street
Denton, Texas 76201
Dear Mr. Bunvard;
Pursuant to the recent request received by our office, McCreary, Veselka, Beck
and Allen, Attorneys at Law is pleased to submit Mis proposal and proposed
j contract for the collection of delinquent ad valorem taxes for the City of Denton.
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The information following this letter is a detailed description of our delinquent l
property tax collection program, This program will be implemented for the City of
Denton in the event our Firm is selected to represent your City. The program wtll be
administered from our law firm office in Denton,
Our Firm already has an established delinquent tax collection program in
Denton County, We represent the County of Denton, Denton Independent School
District, City of Argyle, Argyle Independent School District, the City of Aubrey,
Aubrey Independent School District, the City of Sanger, Sanger Independent School
District, the City of Ponder, Ponder Independent School District, Pilot Point
Independent School District and the Corinth Municipal Utility District.
The Denton office is staffed with five excellent employees, and we are ready to
begin representing the City of Denton immediately upon receiving notification of
acceptance. We appreciate the opportunity to submit this proposal and we look
forward to working with you.
Sincerely
J. Elliott Beck
JE'B;Idb
Enclosure(s)
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I-EXECUTIVE SUMMARY
McCreary, Veselka, Beck & Allen, P.C, Attorneys at Law, is pleased to present this proposal for the col-
leclion of delinquent property taxes to the City of Denton,
1 The success of any effective delinquent lax collection program Is predicated on the selection of a law firm
f which has an in-depth knowledge of property taxation, understands the application of law as related to
property taxation, and has the experience to implement an aggressive delinquent tax collection program.
McCreary, Vesrlka, Beck & Allen are experts In the area of delinquent tax collection and have 30 years
of experience In working with cities, counties, school districts, and appraisal districts. We are aware of
the professional and responsible approach that is necessary to establish and maintain such a program.
We believe that our years of experience In delinquent property tax collections and our branch offices in
Abilene, Houston, Longvlew, Lubbock, San An^efo and Waco, and field offices in Athens, Belton, Burner,
Corsicana, Denton, Eastland, Kounne, Midland, Palestine, Port Lavaca and Victoria enable us to
provide a program which will insure the efficient and cost effective collection of the delinquent taxes due
the City, Our Firm has consistently demonstrated the ability to substantially increase delinquent tax col-
lotions over the levels attained by our clients prior to our employment . Moreover, we have achieved
the goal of maximizing collections with integrity, resulting in favorable publicity for our clients and our- t
selves.
t ' The following are sorne of the significant points contained in our proposal.
a
L Our Firm has an office in Denton, fully staffed with five
employees in residence, Our offices provide delinquent property owners
with a convenient contact point for discussion and resolution of problems
and questions.
2, Our Austin office will provide complete computer data and word
processing capabilities.
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3. Law Firm staff members will be available to the City tax office to
assist in the collection process and promptly respond to the inquiries of
f delinquent property owners,
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i 4. A notice of delinquency will be mailed each year with an "Address
Correction Requested" on the envelope in an effort to obtain new
addresses.
3. Comprehensive legal representation will be provided the City
in all property tax matters,
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The overall objectives of McCreary, Veselks, Beck & Allen are as follows:
(t) Collect the current backlog ojdelinquent tar accounts
(2) Provide comprehensive legal representation to the City
on aft property tax matters
(3) Communicare to the City the work performed and
results achieved
(A) Recononendmetho,'s to improve the delinquent collection process r
f
(3) lnrrease public awareness that nonpayment of property taxes
Is undesirable
s
(6) Deliver a cost effective program which mariml:es delinquent tar
+ collections and permanently enhan~ rs the overall tax collection rare
j These objectives can be accomplished through the Initiation of our delinquent tax collection program.
Development of such a program Involves several major components:
(1) Use of Professional Staff
t; Our personnel will provide the expertise and experience required to maximize
+ + eolleetlom
(2) Comprehensive Dais Processing Support
Provide data processing programs and lechn'ques to achieve greater efllclency
and effectiveness in delinquent tax collections
(3) Notificatlon of Delinquent Property Owner
Frequent and accurate mailing of notices of delinquency which emphasize the
need for Immediate payment
(q Address and Title Research
Accurate ownership and ad+jress research on all accounts resulting in the
enhancement of overall collections
+ (S) Litigation
FUiag and administering lawsuits in Court to judgment and sate; and
providing complete legal representation in all property tax matters
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A public relations effort to educate the citizens of the City that
property taxes are being equitably and diligently collected
(7) Statistical Reports
Complete statistical reports accurately detailing the work performed
and the results achieved
S
Outexpertise Ia property tax matters and out understanding of the procedures necessary to maximize
delinquent tax collections, as described In this proposal, clearly demonstrate why McCreary, Veselka,
(0 AAlltn should be the law firm to collect your delinquent taxes.
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COUNTY
Comparison of Delinquent Tax Collections
400 $1,578,324
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300
soo 58030000 (381%)
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$414,000
w 100 (194%)
O.
(100'x)
0
April 1, 1084- April, 1465- April f, 1985-
Match 30, 1985 March 30, 1980 March 14 1987
Collections Prior to McCreary, Veselka, Beck d Allen
® 1st Year Collections with McCreary, Veselka, Beck d Allen
® Collections with McCreary, Veselka, Beck & Allen for 24 Months
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Keller Independent School Deis
Delinquency Distribution, May 1989: $539,629.24
Judgments .10%
$525,29
Bankruptcy 211% i
$11,337,28
Holds 6 Payouts 7,64%
$41,228.91 ,
Mail Returned 5.83%
Suits Flied 70.46% $29,843,81
$380,367.95
Remaining 14.14%
$76,326,30
Beck X111611
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Keller Independent SchooR DhtkrA-d 1
0rlginal Levy vs Remaining Delinquent as of 5/$9
YN=J Levy Remaining
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2
843E 3,22'Xi ~
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,72% .78%
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1984 1985 1986 1987
P, hunted b7 McCreary, Veselka, 'Beck A Allen
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EXHIBIT A-1
MCCREARY
VESELKA 1
BECK &
ALLEN
March 1, 1989
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STATISTICAL PROGRESS REPORT
FOR THE
-1 COUNTY OF DENTON y
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We wish to present the Firm's accomplishments In the delinquent tax collection program with the
County of Denton during the past year.
L,ET7Fgq
1 The Firm has sent a notice of delinquency to each Delinquent property owner in our attempt to t
i obtain voluntary payment of taxes due. We have conducted address and title research.
Experi- ence has proven that prior to the lnstituuon of lead proceedings a series of letters to Delinquent
4 property owners and their Ilenholders results In substantial payments,
{ Lellers Number Base Tax Total Due
DerodLerurr us Dodoes be all! years of
deunqueocy, including Property description
and amount due. 23,461 $3,053,394,33 $4,394.175.13
Demand Lessen are notices to selected
accounts Informing of Pull aaloo if taxes
am notPdd, 32,186 $5,563,093.52 $8,4111,899.82
UeAMIder Letters an notices to Ane id
Institutions and individuals which the Mm
{ has determined, u a result of title teseamh,
1 j to have Ile as on deuuquent properties, 929 $1,039,309,64 $1,492,678.62
New Amer Lenin an notices to owners
which the Firm hu determined, as a result
of tide research, did not receive the Inititd
Douce because their names did not appear
J co the delinquent tax roll, 187 $330,81162 $469,514.81
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ADDRESS AND TITLE RESEARCH
1
Many delinquent accounts are collected by giving the proper attention to finding the
correct address of & delinquent property owner. Delinquent accounts with unknown or
Incorrect addresses are researched by the Firm through the phone book, city directory,
utility records, voter registration records, assumed name files, and the Secretary of
State's records.
Prior to filing suit, the Firm carefully researches the title of property to Identify all
parties who have An ownership Interest or a lien on the delinquent property. We
r examine deeds, deeds of trust, and probate records to determine who has an interest in
the property. Tide research fees are not passed on to the taxpayer.
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Suits ara filed when delinquent taxpayers do not respond to letters mailed by the Firm.
A suit filed agalnel a delinquent property owner for foreclosure of the tax lien and penonal +
f liability for the tu. All of the properties the defemiaot owns on which there me delinquent taxes
. ' srs included is the tame suit. l
Number of Lulu filed: 677
Amount $552,156.36 (Sass Tax)
$802,547,30 (total Due)
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EXHIBIT A-iii
JUDGMENTS
Mtn service of citation is conplete for all defendents, the Firm oblains a trial setting from the
Court for those cases in which the delinquent property owner has not paid. These trial settings
result In either payment In full or a judgment ordering foreclosure of the tax lien on the property
In question and/or personal Iiability against the defendant property owner.
Type Number Base Tax Total Due
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Individual Judgments 200 $63,213.14 $111.199.91
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BANKRUPT=
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As more individuals and corporations file for protection under the bankruptcy laws, this uea
requires closer supmislon, The firm files claims with the Bankruptcy Court Iatmedlately upon
notification by the tax office. The claims are monitored daily for progression tbreugh the courts,
The Firm reviews all motions and plans of reorgaslutloo filed by the debtor or say creditor with
1 the Bankruptcy Court to Insure that the property tax claims are protected to the fullest extent
+ allowed under the Bankruptcy Code.
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J Type Number Base Tax Total Due
Proofs of Claim Me Initial claim filed,
which includes all delinquent taxes due
j prior to the date of filing 595 $232,677.71 $292,114.67
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Adminirrrarfve Claim • A subsequent
claim filed for taxes which come dne
after the filing of a bankruptcy 4 $49,415.49 $52,554.56
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EMBIT A-iv
The Firm's records indicated the collection of
$2,791,655.86
in delinquent taxes, penalties and Interest for the period of Ibis report.
The fees paid to the Firm come from additional penalties imposed on the taxpayer pursuant to
Section 33.07 of the Texas Property Tax Code and were collected In addition to the amount
stated above, The County is currently Imposing a fifteen percent (13%) collection fee pursuant to
Section 33.07. The Firm's contract provides the the Funs will be paid a fee of twelve and one-
half percent ((2 1/2%) of all delinquent taxes, penalty sad interest collected by the County. The
difference of two and one-half percent (2 1/2%) between the amount collected from the taxpayers
and the amount paid to theFlrm resulted in a net gain to the County in the amount of $59,023,97,
in addition to the amount of delinquent tax collection state above for this collection period.
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ANAL.q]C OFDFLIN 1 NT TAX ROLL
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Our Firm began working for the County of Denton in Wrch,1983, The initial delinquent tax
files showed an outstanding base tax for the years 1983 sad prior in the amount of $660,311.00,
On February 9,1989, we updated the detingxot tax file which shows m outstanding base tax of
$173,368.00 for the yean 1983 and prior, This file reflected all payments as of January 31,
1989, This represents a reduction of your delinquent tax base for the 1963 and prior in the
amount of $496,943.00 (73.73%) since out Firm began working for the County. (See Chart 1
and Table 1)
Each July we begin working on the most current delinquent tax year, On February 9,1989, the
updated file shows the following reduction in delinquent taxes for each of the following years:
1984 reduced by 79,12%
1985 reduced by 81.32%
1986 reduced by 72,73%
1987 reduced by 41,30%
These figures are set out In Charts 2 thru S and Table I, Since March, 1983, we have collected
65,19% of all delinquent taxes honed over to us for collation.
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EXHIBIT A-v
Our records show that the total outstanding base lax of $1,691.744 is distributed as shown in
Chart 7 and Table 1. This distribution is explained m follows;
Suits filed $563,417 (33%)
This amount reflects all current pending Delinquent tax suits for Corsicana Independ.
ent School District.
{
Judgmtots $32,217 (2%)
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Suits have been reduced to Judgments. The next step Is a Sberiff's Sale for the t
delinquent taxes,
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Holds sad Payouts $10,470 (11%)
Taxpayers with payout arrangements with the Tax Office or problems with the
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Appraisal District which ue being investigated.
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Mall Returned $2789941 (17%)
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We are continuing to search for current addressee on these Accounts.
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Bankruptcy $151,453 (9%)
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ReM110108 $641,715 (39%)
We are checking title to the Courthouse every day to prepare Items for suit. j
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A progressive delinquent tax program is very important in maintaining a high collection percent.
age. Delinquent tax collections enable Denton County to exceed I W% of your budget each year.
Chart 6 shows your original tax levy for the years 1984, 1985, 1986, and 1987, and the percent-
age of each year's levy that remains uncollected. Table 2 shows the percent of levy collected for
each of these four years.
Our Firm has represented the County of Denton since March, 1985. We have an excellent work-
ing relationship with your Tax Collector, Mr. Barnhart and the Tax Office personnel, We would
like to continue thL relationship. Accordingly, I have enclosed a renewal contract for considera-
tion by the Court.
The Firm considers it a privilege to represent the County of Moon and will continue to assist
you in all ad valorem tax matters.
1
Respectfully submitted,
Gilbert T. Bragg
1 for the Firm 71
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OTB: deb
A ttachmeuts: Charts 1, 2, 3, 4, 5, 6, and 7
Tables I and 2
Enclosures: Wier of January 13, 1989
Renewal Contract
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VII - COST SUMMARY
McCreary, Veselka, Berk & Allen proposes a fee of fifteen percent (15`X%) based on the collection of
taxes, penalty, and interest as provided in the Texas Property Tax Code Section 6.30. The fee would be '
paid to the Firm on a monthly basis and would be in direct relationship to the quality of our performance.
Each subsequent year of delinquent tax would enter into the terns of the contract on July I of the same
year the tax becomes delinquent. The Firm will not charge an anomey fee to the City for taxes collected
on tax year 1984 and prior, but will reserve the right to pursue attorney's fee in court for those years
under Tax Code Article 33.48. Total costs incurred fx data processing activities, taxpayer notification,
postage, address research, title research, and legal assistance will be paid by the Firm.
The Property Tax Code, Section 33.07, provides for an additional penalty of fifteen percent (15%) which
may be added to the amount of taxes, penalties and interest due if the City contracts with a private law
firm and gives proper notice to taxpayers during the month of May each year. This statute allows the
City of Denton to collect the penalty to reimburse the City for fees paid for delinquent tax collection. It
is our opinion that Section 33.07 of the Property'fax Code is a prospective statute and Is not retroactive
to tax years prior to the date at which a tax entity contracts with a private law firm and gives the statutory
s
notice. The Attorney General of Texas, iu opinion number N-285, issued In December 28, 1984,
affirms our conclusion. (Exhibit L) Accordingly, the additional penalty provided by Section 33.07 of
the Properly Tax Code applies to all taxes due the City of Denton for the years 1985 and subsequent.
Section 33.48 of the Property'Tax Code provides for fifteen percent (15%) attorney fees on all delinquent
tax years which are placed In litigation. Where a taxing utrit has made a diligent effort to collect its
delinquent taxes prior to contracting with a private firm, it is our experience that most taxes delinquent
for more that three years are collected primarily as a result of litigail m,
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Therefore, It can reasonably be assumed that most of the taxes collected, which are more than three years
delinquent, will incur the fifteen percent attorneys fee provision of she Code. However, should a tax for
the year 1984 or prior be collected without the necessity of litigation, the Firm will not charge a fee to the
City.
Therefore, by virtue of Sections 33.07 and 33.48 of the Property Tax Code all fees eamed by the Finn
will be paid by the delinquent property owners.
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All costs incurred by the Firm for data processing activities, taxpayer notification, postage, address
research, title research, attorneys and tax consultants utilized in the collection of the delinquent taxes will
be paid by the Finn.
The firm also offers the City a reimbursement fee of $1,000.00 per month paid to the City of Denton
for use of Its computers, tapes and tax records. The rehnbursemeat fee will help defray the City's internal
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costs incurred by its obligations listed in the Request for Proposal. The Firm believes that it's
participation with the City in this endeavor will greatly enhance the City's computer operations to the
benefit of both the City and the Firm.
The Finn expects to collect some $1.35 million in delinquent taxes over the two-year term of the con-
tract. The City has set a performance goal during the first year of the contract of collecting an amount
equa! to at least sixty (60%) percent of the total delinquent tax base amolrnt. The Firm proposes to better
that goal (since most of the City's delinquency is in the last four years) by collecting during the first four
yeah of the contract an average of seventy-five (75%) percent of the combined total delinquent tax base
amount turned over to the Firm for collection. Realization of this goal presupposes the City extending
the first two-year contract for an additional two years. Therefore, the Firm fully expecies to meet the
sixty (60%) percent goal set by the City staff. The penalty the City may invoke if this goal is not met is
the 30-day cancellation clause which is standard on most delinquent tax contracts.
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INTRODUCTION
The law firm of Sallinger, Nichols, Jackson, Kirk & Dillard is
pleased to present to the City of Denton its proposal for the
collection of delinquent ad valorem taxes. Our program presents a
comprehensive and effective plan which seeks to maximize
collections, reduce the Cityts operating costs and administrative
burden, and educate and inform local taxpayers.
We present a program staffed by experienced personnel who are
sensitive to local community pressures. Our program is designed to
meet current economic conditions and has evolved to expand
collections within a strained economy.
Our proposal offers effective and continuous contact with
taxpayers, our plan is a two-phase approach; the first phase is a
communication,t and collection n ateffort tention. The nsecondephaseeiselitigation.
1
We possess the facilities, equipment, personnel, and expertise
needed to accomplish the tax collection objectives of the City
within your established policy criteria. If necessary, the firm
will establish a local office in Denton.
j advantages and benefits of our tax collectiwe re
ons r convinced that the ogram outstanding and successful for the city of Denton. (5w)ill be
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STATEMENT 91 QUALIFICATIONS
The law firm of Sallinger, Nichols, Jackson, Kirk, & Dillard
(formerly saner, Jack, Sallinger & Nichols) was initially formed in
1898, making it one of the oldest continuing law firms in Dallas
County. The firm, consisting of a staff of twenty-nine, has its
central office in downtown Dallas. Of this total, twelve are
attorneys, seven of whom have extensive tax collection expertise.
The remainding staff consists of paralegals, computer personnel, and
clerical staff. (1)
Over the the firm's /
years, primary area of specialization has
been the representation of Texas municipalities and political
subdivisions. This representation involves meeting on a frequent
basis with the councils, boards and committees that exist within
these governmental units. A representative list of municipal
and tax clients is attached as Exhibit A. (2)
Sallinger Nichols began collecting delinquent taxes thirty
years prior to the adoption of the Texas Property Tax Code, and has
specialized in collection of ad valorem taxes. The firm has
displayed exemplary competence in its pre-litigation collection, and
our experienced staff is able to pursue complex litigation in all
State and Federal Courts. (2)
I Several members of the firm have been selected to instruct
property tax courses offered by the State Property Tax Board for the
I Tarrant County Appraisal District and the Dallas Central Appraisal
District. Additionally, members of the firm lecture on and author
articles about ad valorem tax issues. (1)
The staff of our Tax Department is a team of experienced and
dedicated individuals. We give professional service and support to
our client. (3)
The firm's in-house computer and information retrieval
facilities are capable of meeting the needs of the City of Denton.
The computer data and word processing equipment is compatible with
most commonly used systems and possesses the capacity to store,
manage and process the city's tax information. Our equipment
includes an IBM System 36, four IBM personal computers (two AT's and
y I two XT's), and an array of peripheral and support devices. (3)
Sallinger, Nichols' facilities provide in-house access to
Denton Dallas, Tarrant, and Collin County real property records
including Grantor-Grantee indices, Federal and State tax liens, Lien
filings, and Lis Pendens records. If needed, the firm can also
access Dun 6 Bradstreet records, U.S. Bankruptcy Court data and
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secretary of State corporate and limited partnership filings,
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We believe our firm can implement a successful collection for
the City
augmentedobyDourodataOprocessingnresources knowledge, allow expertise rto sachieve
r significant reduction of your tax roll.
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VIII.
SUMMARY AND CONCLUSION
The success of the city of Denton in developing and
maintaining an effective delinquent tax collection program depends
on your selection of a law firm that has an in-depth knowledge of
all aspects of property taxation and will produce an excellent
program.
Sallinger, Nichols does provide a professional, comprehensive
tax collection program. We possess the proven capacity to operate,
maintain and manage an efficient service. our experience with local
governments and Texas political subdivisions provides us with many
of the solutions to problems which the City of Denton may encounter
in the implementation and improvement of its program.
We are confident that the City will enjoy working with us and
our personnel. More importantly, we are confident that our
I collection program will exceed all standards set by the City,
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Respectfully Submitted,
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SALLING£R, NICHOLS, JACKSON,
f --KIRK & DILLARD
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Ro or L. D llard, III
Managing Partner
1800 Lincoln Plaza
500 N. Akard Street
Dallas, Texas 75201
214/954-3333
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EXHIBIT B
LIST CLIENTS SERVED
The firm of Sallinger, Nichols, Jackson, Kirk & Dillard submits
the following list of tax-related clients and references:
City of Balch Springs Chambers County Appraisal District
Peggy Prescott Sherwood Blair, Chief Appraiser
Tax Assessor/Collector P.O. Box 1520
3117 Hickory Tree Rd. Anahuac, Tx 77514
Balch Springs, Tx 75180 (409) 267-3795
(214) 286-4444
City of Coppell City of Richardson -
Chad E. Beach Joseph W. Pondrom, Tax Assessor
Tax Assessor/Collector P.O. Box 830309
P.O. Box 476 Richardson, Tx 75083
Coppell, Tx 75019 (214) 235-8331
(214) 462-0022
Dallas Central Appraisal City of Rowlett
District Judy Hoyer, Tax Assessor/Collector
Foy Mitchell P.O. Box 99
Director/Chief Appraiser Rowlett, Tx 75088
1420 W. Mockingbird, Suite 500 (214) 475-3841
Dallas, Tx 75247
(214) 631-0520
City of Duncanville City of Wylie
j Duncanville I.S.D. James Johnson
Susan Lucas Director of Finance
Tax Assessor/Collector P.O. Box 428
P.O. Box 380280 Wylie, Tx 75098
Duncanville, Tx 75138-0280 (214) 442-2236
(214) 780-5007
Town of Corinth
Sherry Gonzales
Tax Assessor/Collector
2003 South Corinth Street
Denton, Tx 76205
(817) 497-4145
In additional to the above tax-related clients, Sallinger,
Nichols submits the following partial list of political sub-
divisions, as representative clients, which the firm currently
represents or for whom the firm has provided legal services on a
continuing basis or special counsel basis:
B - 1
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VII.
COMPENSATION
The compensation paid to Sallinger, Nichols will consist solely 1fl
fifteen percent (1te of the
collected amount of all delinquent tax amounts
collected during the term of this contract. We request that
payments be processed and paid on a monthly basis. If desired, we
can provide the City with statements or invoices detailing the
amounts received for collection costs.
The Texas Property Tax Code provides that most court costs
are the responsibility of the taxpayer and need not be paid by the
City. Usually it is necessary to pay service fees in advance, our
firm provides the advance payments necessary for title earch
filing fees, publishing fees, or service fees. Renumersation iess,then
received by our office from the court or taxpayer through judgment
1 or foreclosure.
I {
The firm assures the City of its ability to collect at least
sixty percent (604) of its delinquent tax base
Historically, our program has achieved collectio(a of
ns percent July 1, 1984),
approaching 754 to 804 within the first ages
within two year and in excess of 904 ti
years. in the event that the firm fails to collect the
required 604 within the two (2) year duration of the contract, the
firm will, as a penalty provision, refund to the City at the end of
the two (2) year period, three percent (34) of all collection
costs/attorney's fees received. (These costs/fees do not include ,
reimbursements for court costs, title fees, etc., which are paid by
taxpayers in addition to the collection costs/attorneys fees). The
City should retain this amount throughout the duration of this
period until the required sixty percent is collected. +
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DATE: 06/20/89
CCTV COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approve Policy Number 108.11, Drug Free Workplace
Approve Policy Number 107.10, Employee Assistance Program
REMWENDATION:
It is the staff's recommendation that the City Council approve Policy Number
108.11, Drug Free Workplace and Policy Number 101.10, Employee Assistance
Program. These policies are to bring the City in compliance with the
Omnibus Drug Initiative Act of 1988; (Drug Free Workplace Act of 1988).
SUNMARY;
The Omnibus Drug Initiative Act of 1988 is a federal law requiring federal
contractors who use grant money of more than $25,000 in federal funds to
institute policies that clearly communicate and put into effect practices
which prohibit illegal drugs In their work places. It further requires that
these organizations certify that they will provide drug free work places by:
1. Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the work place and specifying the
actions that will be taken against employees who violate the
prohibition;
2. Establishing a drug free awareness program for its employees;
3. Requiring each employee involved in the performance of the duties in
the organization to be given a copy of the statement described in 1.
above;
Requiring employees to abide by the terms of the statement under 1.
above and to notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no later than
five days after such conviction;
S. Notifying HUD within ten days after receiving notice of any employee
convicted of a violation as described in above;
6. Taking appropriate personnel and/or disciplinary action as provided in
the City's Disciplinary and Appeals policies within specified time
' frames for any employee convicted of a criminal drug statute violation
occurring in the workplace (up to and including termination of
employment) or requiring satisfactory participation in an approved drug
I rehabilitation program; and
7. Making a good faith effort to maintain a drug free workplace by
implementing the requirements of 1, through 6. above.
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June 20, 1989
Report from CM to City Council - Drug Free Workplace Policy
Page 2
1
The Personnel and Employee Relations Department, with concurrence of the
City Attorney and the Executive Committee, has developed Policy Number
106.11, Drug Free Workplace and Policy Number 101.10, Employee Assistance
Program to most the requirements of this federal law. These policies
establish policies and administrative procedures to clearly communicate the r
City's policy against use of drugs and other improper substances in the work
environment. They also establish procedures for managers and supervisors to
handle A situation when an employee is suspected of manufacturing,
distributing, dispensing, possessing or using controlled or illegal
substances on the job or in a manner which would adversely affect the work
performance of the employee or endanger the safety of the employee, another
employee, or a member of the public.
The Employee Assistance Policy provides guidelines and administrative
j procedures to handle situations where substance abuse is suspected and
confirmed in the work place. These polices and procedures are consistent
with current practices in which we have had to deal with employee problems.
Recent situations have proven successful in directing an employee to
within
During t Jan., 1988 Insurance
local professional Denton Community. through
I
to u Dec., employees and
their dependents accounted for approximately $16,200 in Inpatient,
Outpatient, drug, and alcohol psychological counseling and rehabilitation
services. This represented only 3.36% of the total health insurance plan
00
payments,
supervisor addition, directed counseling departments s•rvice where d an u employee i problem 6 Is
affecting fob performance adversely.
Upon approval of these policies and procedures, each department manager and
supervisor, with the assistance of the Personnel and Employee Relations
Department staff, will conduct meetings with employees to:
1. Communicati the City's position concerning these policies and potential
consequences.-of a policy violation,
2. Ensure employees have signed statements indicating their understanding
of the policlas, and
3. Communicate the City's intention to assist "troubled" employees through
the Employee Assistance Program and other resources available in the
I commun i ty.
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June 20, 1989
Report from CM to city Council - Drug Free Workplace Policy
Page 3
QEPARTMEMTS Q9 984 Ek AFFECTEQ: J
These policies cover all City of Denton employees in all departments.
FISCA1 IMPACT 1
The estimated cost for implementing these policies are staff time for
conducting and attending meetings and materials cost for proper
communication to all employees. These amounts are currently budgeted.
Additional costs which may be paid from a department's budget would be
amounts for drug tests, substance abuse assessments, etc. to handle
situations where substance abuse is suspected and confirmed in the work r
place.
Respec 1y su it
L eyd , Harrell
City Manager ,
~ Pro ared y: `
as k, Director of Personnel i
Ap
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Betty McKean, x cutlve Director
for Municipal S vices and Economic Development
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CMRRORPT3,PRN 06/12/69 10:264
2714L
RESOLUTION NO.
A RESOLUTION ADOPTING POLICIES REGARDING A DRUG FREE WORKPLACE
AND EMPLOYEE ASSISTANCE PROGRAM, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Director of the Personnel/Employee Relations
Department for the City of Denton has presented the proposed
policies regarding a Drug Free Workplace and Employee Assistance
Program for the council's consideration! and
WHEREAS, the City Council desires to adopt such policies as
official policies regarding employment with the Cityl NOW,
THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION 1. The following policies, attached hereto and made
a part hereof are hereby adopted as Dfficial policies of the City
of Denton, Texass
108.11 Drug Free Workplace
107.10 Employee Assistance Program Policy
SECTION It. The foregoing policies are attached hereto and
made as part hereof and shall be filed in the official records
with the City Secretary.
SECTION III. The Employee Rules and Regulations of 1976
adopted by Resolution of the City Council on February 1, 1977,
are hereby rescinded to the extent they conflict with the
foregoing policies and with any administrative procedures and
i directives issued under the authority of the City Manager
implementing the policies hereby adopted.
SECTION IV. This Resolution shall become effective immedi-
ately upon is passage and approval.
PASSED AND APPROVED this the day of _ J► 1989.
RAY STEPHENS, MAYOR
ATTEST:
JENNIFER WALTERS$ CITY SECRETARY
i
APPROVED AS TU LEGAL FORM! I
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY!
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CITY OF DENTON FAGf l of f
POLIM ADIEINISTEATiVI PIOOEDURS/ADMINISTRATIVg DIRICTIVI
AMAMI
SECTION NUMIEA,
PERSONNEL/EMPLOYFE RELATIONS 108.11
50ACT EFFEMVE DATE
STANDARD OF CONDUCT FOR EMPLOYEES 06/20/89
AE►uCES
DRUG FREE WORKPLACE
POLICY STATEMENT:
It is the policy of the City of Denton to provide employees with a working
environment that to free of the problems associated with the use and abuse of
controlled substances. The use of controlled substances is inconsistent with
the behavior expected of employees and subjects the City to unacceptable risks
of workplace accidents or other failures that would undermine the City's
! ability to operate effectively and efficiently. The City considers employees
who use such substances to be lees reliable and stable and lacking in good
1 Judgment. Noncompliance with the policy set forth below will result in
disciplinary action.
I ~
1. The non-prescriptive use, sale, possession, distribution, dispensation,
manufacture, or transfer of controlled substances on City property or
other work sites where employees may be assigned or elsewhere during
work hours Is strictly prohibited. Further prohibited is the use,
sale, possession, distribution, dispensation, manufacture, or transfer
of controlled substances on non-working time to the extent such
activity impairs an employee's ability to perform hie/her job or where
such use, sale, possession, distribution, manufacture, or transfer
affects the reputation of the City to the general public or threatens
its integrity. Persons violating the City policy will be subject to
disciplinary action, which may include termination for a first offense.
II. Employees who are convicted of controlled substances-related violations
in the workplace under state or federal law or who plead guilty or nolo
contenders to such charges must Inform the Director of
Personnel/Employee Relations or designated representative and
Department Director or designated representative within five (S) days
of such conviction or plea. Failure to do so will result in
disciplinary action, including termination from employment for a first
offense. Employees convicted or pleading guilty or nolo contenders to
such drug-related violations must successfully complete a drug abuse
' assistance or similar program as a condition of continued employment or
re-employment.
l I
"Controlled Substance" to defined to mean those drugs listed in Schedules I
through V of Section 202 of the Federal Controlled Substances Act, 21 U.B.C.
S 812, and ineludee, but is not limited to, marijuana, cocaine (including
"crack" and other cocaine derivatives), morphine, heroin, amphetamines, and
barbiturates. When used in this policy, the term "drugs" means "controlled
substances." The term does not include those controlled substances used
pursuant to and in accordance with a valid prescription.
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POLICY/ADMINISTRATIVE PROCEDURI/ MINISTRATIVI DIRICTIVI (CoAtinuedl
JRBFERBNCI
TITLE: DRUG FREE WORKPLACE INUMBOR: 108.11
I
ADMINISTRATIVE PROCEDURBS:
I. GENERAL
The City of Denton shall, in compliance with the Omnibus Drug
Initiative Act of 1988, take those steps required by the Act to ensure
that its workplace is a drug-free workplace. All employees shall
receive a copy of the City's "Policy Regarding Controlled Substance
Abuse," Appendix I. Upon approval of this policy, current employees
shall be issued a copy of the policy and all persons newly hired by the
City shall receive a copy of the policy during the new employee
orientation process. Any employee found in violation of this policy
shall be disciplined and such discipline may include termination or the
successful completion of a drug rehabilitation program. The City
provides an Employee Assistance Program which is designed to assist
employees and their families with personal and behavioral problems that
have or could adversely affect fob performance. I
II. DRUG FREE AWARENESS PROGRAM
A. The Personnel/Employee Relations Department shall publish a policy
statement notifying all employees that the City is committed to
maintaining a drug free workplace. This policy statement shall be
given to all persons newly hired by the City durini: new employee
orientation.
0. The City shall establish a drug free workplace awareness program to
make employees aware of the dangers of drug abuse and the
assistance that is available to combat this problem. This program
shall include an educational component designed to inform employees
of the dangers of drug abuse in the workplace. This program shall
inform all employees of the City's commitment to maintaining a drug
free workplace. The program shall direct employees to seek
assistance through the City's Employee Assistance Program and
inform employees of other community resources available. The
program will further alert employees to the penalties and
consequences they will incur for drug abuse violations in the
workplace.
C. Employees muste as a condition of employment:
1. Abide by the terms of the City's "Policy Regarding Controlled
{ Substance Abuse"{ and,
i 2. Notify their supervisory or Department Director and Director of
Personnel/Employee Relations or designee of any criminal drug
statute conviction for a violation (or a plea of no contest)
occurring at the workplace no later than five (5) days after
such conviction.
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POLICY/ADMINISTRATIVE P89QCE0URE/ADMINI82RATIYE DIRECTIVE i9o tinuedl
TITLE: DRUG FREE WORKPLACE IREPERE
INUM36R:
108.11
I
D. A Department Director upon receiving notification of an employee's
conviction of a violation (or plea of no contest) must notify the
Director of Personnel/Employee Relations immediately; the Director
of Personnel/Employee Relations will in turn notify the affected
Department Director should he/she be informed. Director of
Personnel/Employee Relations must ensure that the appropriate
federal funding agency to notified of the conviction within ten
(10) days after the City was notified of the conviction.
9. The Omnibus Drug Initiative Act of 1988 requires the City to take
appropriate disciplinary action within thirty (30) days after
l receiving notice of an employee's conviction of a violation (or a
plea of no contest) of a criminal drug statute osourring at the
workplace. The disciplinary action may include termination or a
f requirement that the employee satisfactorily participate in and
complete a drug assistance or rehabilitation program as a condition
E of continued employment. The action taken will be considered on a
case-by-case basis. Such decisions shall include the advice and
counsel of the Personnel/Employee Relations Department and the
f Legal Department, and the City's disciplinary and appeals policies
and procedures shall be followed.
F. Supervisors who suspect an employee to involved in some illegal
drug related activity will notify their Department Director and
Director of Personnel/Employee Relations or designee immediately to
determine appropriate actions. All supervisory personnel shall
1 read and be familiar with this policy and the City's Employee
Assistance Program.
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POLICY/ADMINISTRATIVI PROCEDURSIADHINISTRATIVR DI"021 ! (Continued)
PREFERENCE
TITLE: DRUG FREE WORKPLACE (NUMBER: 108.11
i I
APPENDIX I
CITY OF DENTON
POLICY REGARDING CONTROLLED SUBSTANCE ABUSE
It is the policy of the City of Denton to provide employees with a working
environment that is free of the problems associated with the use Pnd abuse of
controlled substances. The use of controlled substances is inconsistent with J
the behavior expected of employees and subjects the City to unacceptable risks 1
1 of workplace accidents or other failures that would undermine the City's
ability to operate effectively and efficiently. The City considers employees '
who use such substances to be lees reliable and stable and lacking in good
judgment. Noncompliance with the policy not forth below will result in
disciplinary action.
I. The non-prescriptive use, sale, possession, distribution, dispensation, +
manufacture, or transfer of controlled substances on City property or
j other work sites where employees may be assigned or elsewhere during
work hours Is strictly prohibited. Further prohibited is the use,
sale, possession, distribution, dispensation, manufacture, or transfer
of controlled substances on non-working time to the extent much
activity impairs an employee's ability to perform hie/her job or where
such use, sale, possession, dig :ibution, manufacture, or transfer
affects the reputation of the City to the general public or threatens
its integrity. Persons violating the City policy will be subject to
disciplinary action, which may include termination for a first offense.
It. Employees who are convicted of controlled substances-related violations
in the workplace under state or federal law or who plead guilty or nolo
contenders to such charges must inform the Director of Personnel/
Employee Relations or designated representative and Department Director
or designated representative within five (S) days of such conviction or
plea. Failure to do so will result in disciplinary action, including
termination from employment for a first offense. Employees convicted or
pleading guilty or nolo contenders to such drug-related violations must
successfully complete a drug abuse assistance or similar program as a
condition of continued employment or re-employment.
I have read and understanl the foregoing policies and agree to abide by the
terms and conditions set forth.
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"Controlled Substance" is defined to mean those drugs listed in Schedules I
through V of Section 202 of the Federal Controlled Substances Act, 21 U.S.C.
9 812, and includes, but is not limited to, marijuana, cocaine (including
"crack" and other cocaine derivatives), morphine, heroin, amphetamines, and
11 barbiturates. When used in this policy, the term "drugs" means "controlled
substances." The term does not include those controlled substances used
pursuant to and in accordance with a valid prescription.
W-77 ir low
CITY OF DENTON \
PAG! 1 OF G
POLICT/ADMIN1eTRATIVI PAOC U Ulg/ADMINTITRAT1VI D1110T1V1
SlCTiON REFERENCE
NUMBER:
F - PRRnQVVR1 /
10'T.10
SU6~ECT EFFECTIV! DATE
ITS AND SERVICES 06/20/89
TiT I! REF UC£f
GRAM POLICY
POLICY STATEMENT:
h It is the policy of the City of Denton to provide counseling, resources
/-1 assistance, and other support to employees and their dependents who may be
experiencing on- or off-the-fob, personal difficulties that may be affecting
their work performance, work productivity, or ability adversely. It is
recognized that problems not directly related to sui employee's job duties and
responsibilities can have a negative effect on that person's fob performance.
In some situations neither the efforts of the employee nor the supervisor have
the desired effect of resolving the employee's performance problem or
unsatisfactory performance. This situation could persist over a period of
time, either constantly or intermittently. In those cases, it is the purpose
of the Employee Assistance Program to provide counseling and assistance to ~
help the employee resolve their problem.
It is the goal if the City of Denton to assist employees in seeking recourse
to deal constrt.:tively with personal or behavioral problems that have or could
adversely affect fob performance nr lob productivity. This applies whether the
problem is one of physical illness, mental or emotional distress, marital or
family discord, alcoholism, drug use or abuse/addiction, legal matters,
financial difficulties, or other concerns.
The Employee Assistance Program is available to all full-time and part-time
employees, their immediate families and dependents.
ADMINISTRATIVE PROCEDURES J
1. CINIP-1L
The purpose of the Employee Assistance Program is to assist employees
to identify on- or off-the-job personal or behavioral problems that are
adversely impacting their work performance, work productivity, or
abilityl to identify and locate appropriate medical, emotional,
physical, legal, or other appropriate
dealing resources; with the problem
in a constructive fashion for a long-term positive solution to the
problem.
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POLICY/ADMINISTRA TI YE PROCEDURE/ADMINISTRATIVE DIRECTIVE yE (Continued)
TITLE: EMPLOYEE ASSISTINCE PROGRAM REFERENCE
NUMBER1 207,20
In most cases, the employee will overcome such personal problems
independently and the impact on the Job x112 be negligible, In other
instances, normal supervisory assistance may serve either ea motivation
or guidance by which such problems can be resolved so that the
employee's job performance will return to an acceptable level,
A. Referral
When an adverse behavioral problem or unusual job performance
problem arises, the employee may be raferred to the program by
hie/her supervisor, Employees may independently Beek assistance
without supervisory referral,
P. Confidentiality
tance ees and/or dependents assistance through the Employee
FAzeaisy
E that the provide services within strictprinciplessof efforts confidentiality,de
t
The official personnel record of an employee will not include
information concerning an employee's personal or behavioral problem
except as it might apply to specific behaviors that relate to fob
performance and/or disciplinary actions because of violations of
City policies, procedures, rules, etc. All EAP records will be
kept under separate security arrangements in the Personnel/Employee
Relations Department and separate from the employee's official
I personnel files. The City will comply w<.th all applicable federal,
state, and local lave regarding the release of records,
f
C. Use of Vacation, Sick Leave, and Other Leaves of Absence
A
n employee participating in the EAP may request the use of any
accrued
benefitsswhilickeleIave or vacation
In t a o program. Em ployeea receiving who haveand
insufficient accruals of sick leave or vacation may request a leave
of absence without pey, The use of vacation, sick leave, or a
' leave without pay will be granted in accordance with established
policy giving consideration to the nature of the request and the
needs of the department and City organisation, It is the
employee's resporeibility during a leave without pay to pay any
life, health, ar.d disability insurance premiums or other deductions
that normally are deducted from the employee's pay check luring
participation in the EAP.
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POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIY6 DiABCTIYE (Costfnued)
I TITLE: EMPLOYEE ASSISTANCE PROGRAM fREPERENCR
INUMBERr 107.10
D. Job Performance/Disciplinary Action
Participation in an BAP Program will not substitute for improved
Job Performance, Job productivity, ability, or meeting established
Job standards defined by the iepartment. Should an employee's
performance remain at an unacceptable level or not improve within
the time frames established by the supervisor, an employee may
still be subject to disciplinary action up to and including
termination.
B. Consideration for Other Employment Opportunities
The fact that an employee is participating in an RAP Program will '
not be used as a factor in a decision to deny a promotional
opportunity. However, continued employment or promotional
consideration will be dependent upon current satisfactory
performence in the current position and the established
qualifications and selection criteria being used as the basis for a
promotional position. Employees participating in an SAP Program
may compete for open positions based upon their qualifications for
the position, without consideration, either favorable or
unfavorable, as a result of involvement in the RAP Program.
i
11. PROCEDURES AND GUIDRLINLS IN USING THE LMPLOYRE ASSISTANCE PROGRAM
A. To request assistance, an employee, supervisor, or family/dependent
member may telephone or visit the City's Personnel/Employee
Relations Department.
B. Supervisors should use the LAP to assist and motivate the employee
to take corrective action for an on- or off-the-Job personal
problem that is affecting job performance, job productivity, or
ability adversely. Since variations in fob performance,
absenteeism, or tardiness are more apparent than their causes, the
role of the supervisor is to identify the specific Job performance
problem(s) only and not diagnose their personal problem(s) of the
employee. It is very important for the supervisor to document the
specific behavior the employee is demonstrattng (i.e., difficulty
in motor functions, slurred speech, stumbling, glassy eyes, odor on
the breath, patterns or absenteeism or tardiness, specific job
related inability to meet established performance standards, eto.)
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POLICY/ADMINI9T MINI PROC6DURa/ADK NI3TAAT VE DIABCTIV= (Cpptlnusdf
TITLE: RMPLOYEE ASSISTANCE PROORAM IRRPERBNCE
II MMIR: 107.10
C. An employee may request, accept, or refuse services from the EAp.
However, It must be clearly communicated to the employee that
refusal to accept a supervisor directed referral to the RAP places
the responsibility to correct any performance problem or other
on-the-job related difficulty directly on the employee.
Employees who are given notice of poor Job performance must bring
their performance back to an acceptable standard or they will be
subject to a written agreement made with their superv'sor,
disciplinary action, or both, for unsatisfactory performance,
regardless of their level of involvement in the BAP.
D. Payment fer Services
i
Employees requiring in-patient or out-patient substance abuse or
other treatment are responsible for arranging for the payment of
all costa associated with those activities. Some coats may be 1
funded through available health insurance coverage.
I
The affected department may choose to assist the employee with a
portion of the financial aspects of a particular program. Payment
for services by a department will be handled on a case-by-case
basis with consideration being given to the employee's cooperation
in recognising and dealing with the problem in a constructive
manner, compliance with the professional
psychiatrist, eto.) therapy and counseling directions tand
p
prescriptions in order to address and correct the problem.
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CITY of DENTONg TEXAS MUNICIPAL SUILDINO / DENTON, TEXAS 76101 / TELEPHONE (817) 568-8307
Office of the City Manager
M c M O R A N D U M
TO: Lloyd V. Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: June 16, 1969
SUBJECT: Single Permitting in the Building Inspection
Department
On the Tuesday evening, the Council will consider several
ordinances that make changes in the Building, Plumbing, and
f Electrical Codes. These considerations are based on the fact
that we are recommending to the Council a single permitting
concept for residential construction.
These changes will eliminate the requirement for each building
contractor and subcontractor to come to the City of Denton for
a permit. it will allow the builder to come and acquire one
single permit that will cover all of the other permits fo. the
construction of any residential building. This is something
Building Inspection has been working on with the builders and
developers for quite some time. We've held several meetings
with them and we believe we've reached a consensus on all the
details. We believe that it will offer more flexibility for
the builders, i.e. they will be able to permit buildings before
they have all of their subcontractors permanently lined up, it
will offer them flexibility in changing subcontractors if they
would like to, and it would eliminate the need for a number of
contractors or subcontractors to make trips to City departmente.
From our standpoint, it will also be beneficial. We will be
able to reduce the amounts of paperwork we generate. we will
be able to reduce the amount of transactions that would occur
with cashiering, (i.e. each contractor or subcontractor paying
for hia own permit fees) and it will provide for better
communications between our inspection Departments and the
builders.
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Lloyd V. llarrell
June 16, 1989
Page 2
research Our Chief Building ofticial, Jackie Doyle, has done extensive
there will be no difference between the fees charged under our
old system for separate permits and the new fee structure that
will simply
hanges
is included in t c
combined so that onlyone the ordinance. cwillThbey paid rather
than three to eight.
We have also included a new Chapter 5 in the Building Code3.
for This
building construction as required new by State and Federal
regulations.
if you or the Council has any further questions, I would be
happy to try and anLrier them at your convenience.
Rick Svehla
Deputy City Manager
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Dates June 16, 1909
103 Lloyd V. Harrell, City Maneger
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Froma Jesus Nava .Jr., Assistant to the Citv ManagerIk-j
Subiecte CONFLICT OF INTEREST WITH BOARDS AND COMMISSIONS
John McGrane, Debra Drayovitch, and I have discussed the ongoing
problem of decision making board and commission members being
ineligible to be awarded contracts. The following alternatives may
assist us in solving this mattidr.
ALTERNATIVES ,
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1. Male all boards and commissions advisor: in nature,
with the exception of the Civil Service Commission and
the Board of AdJustment. If their role became
advisory then their members would not ba considered
officers of the City, within the context of Section
j 14.04 of the City Charter, and would therefore be able
to enter into contracts with the city during their term
of office.
Ordinance changes would be required to make the boards and commissional
advisory. However, there would be a negative i-!,pact. The City
Council would be responsible for any and all appeals to decisions made
by the boards and commissions.
2. Leave the boards and commissions as final
decision-making bodies, but reduce the number and/or
tenure of their membership in order to lessen the
probability of conflict of interest situations.
Reducing the membership and/or tenure of boards and commissions would
lessen the need to appoint as many professionals and would thereby
increase the number of contractors that would be t,ligible to bid for
City business. Currently, the technical boards have 7 members
(Electrical Code, Building Code, and Plumbing and Mechanical). These
technical code boards present the greatest problem and reducing their
membership may help.
Changes in membership and tenure would also require changes in
ordinances. The negative impact of shortening the current tenure of
members would be having to make appointments more frequently. In
addition, this action could make it more difficult to obtain a quorum.
3. Leave the boards and commissions as they are and
concentrate on enforcement of Section 14.04 of the City
Charter, "Personal Interest".
i Under this option, staff would inform board and commission members of
the Municipal Code requirements and request that they complete
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Conflict of Interest Statements. The statements would require that
each r.ppointee, as an officer of the City, disclose his ur her
financial interests, direct and indirect, in any and all contracts
with the City. These statements would then be shared with the
Purchasing Department who would check them to avoid conflict of
interest situations.
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Attached is a memo from Debra giving a legal opinion on whether city
boards and commission members may enter into contracts with the city.
It represents our offl:ial position on the matter.
j If adJitional information is needed, please contact me.
cci John McGrane, Finance Director
h Debra Drayovitch, City Attorney
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CITYol DBNTON, TEXAS MUNICIPAL BUI(!)INC DENTON, TEXAS 76201 - TELEPHONE f8111566•8100
MZMORANDUii
DATE: April 261 1989
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TOs All Board and Commission Members
FROM: Sohn Fe McGrane, Executive Director of Finance
SUBJECTS CONTRACTS WITH Till CITY
• Attached is a copy of a legal opinion from the City Attorney's office
addressing the issue of whether City Board and commission members may enter
into contracts with the City. As pointed out in the legal opinion, section
1404 of the Charter deals with Personal Interut and states that, 'no officer
or employee of the City of Denton shall Aavs financial interest, directly or
indirectly, with any contract Pith the City.
The opinion also cites case law %h ch addresses the doifinitlon of officers of
cities. The City Attorney states that, in her opinion, Section 14,04 of the
Charter does not include those persons that serve purely in an advisory
capacity and do not exercise any sovereign power. Therefore$ the City can
continue to purchase goods and/or services from these individuals, This would
include members of the following Boards and Commissions:
_ o The Library Board o Airport Advisory board
o The Susan Resources Committee o Parks i Recreation Board
o Citisens Traffic Batety Support Commission
o Community Dewelopsent block Grant Committee
However, the City Attorney does feel that membera of the following boards and
' i Commissions perform acts as officers or the City and would come under the
` context of Section 14.045
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o The Electrical Code Board o The Board of Adjustment
o The Building Code Board o Civit Service Commission
o Planning and Zoning Commission o Plumbing a Mechanical Board
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Memo to Board and Commission Members
April 26p 198S
Page 2
The administrative staff is sympathetic with the problem and the potential
conflict that exists between having good qualified board members and receiving
lowest and best bids from its vendofes The staff has communicated this to
City Council and the subject is currently under review. eopefully, the
Ca4ncil will be able to implement a system that would help mitigate any
effects of Section 14.04. However, until such time that official action can
be taken either through Council action or a change in the section of the City
Charter, we must follow the advice of our City Attorney and the Charter of the
City of Denton, which requires that Board and Commission members which can
exercise sovereign power and perform as Office of the City shall not be able J
to sell goods or perform services to the City of Denton. 111
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Should have any quastionsr or if you would like to discuss this memo in
f further detail, please feel free to contact me at 566-83201
J n to Mc Crane
{ ! JPMcClaf
Attachment
cci Lloyd V. Harrell, City Manager
Mayor and Members of the City Council
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OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Denise Manning, Purchasing Buyer
FROM., Debra Adami Drayovitch, City Attorney
SUBJECT: Legal Opinion No. 89-03
Whether City Board and Commission Members May Enter
Into Contracts With The City
DATE: April 20, 1989
In your request of March 30, 1989, you have requested "a ruling
on the eligibility of any board or committee member to be a
vendor/contractor for the City of Denton." Basically, you ask
V whether city board and commission members are eligible to be
awarded bids on city projects. If a board member submitted the
low bid for a particular project to sell goods or services to the
city pursuant to a contract. Section 14.04 of the Charter of the
City of Denton reads as follows:
I
Section 14.04. Personal Interest.
No officer or employee of the City of Denton shall
have a financial interest, direct or indirect, in
any contract with the city, or be financially
interested, directly or indirectly, in the sale to
or b the City of any land, materials, supplies or
services, except on behalf of the City as an officer
or employee. Any willful violation of this section
shall constitute malfeasance in office, and any
officer or employee guilty thereof shall forfeit his
office or position.
The Texas courts have had several occasions to discuss charter
provisions similar to Section 14.04. In City of Edinburg v.
Ellig, 39 S.W.2d 99 (Tax. Comm'n. App. 1933) t e tour scussed
tFe general rule that municipal contracts in which officers or
em ployees have a personal pecuniary interest are void as against
public poliy. In Delta Electric Construction Com n v. Cit of
San Antonioc, 437 S ' W. 2d 602 ex. v. pp. an nton o ,
wrest re n.r.e.) the court considered a contract between the
city and a member of the city's electrical board and held it was
{ against public policy and void. The court reached this decision
even though the contract was for work in the water department and
the electrical board had no jurisdiction or influents with the
water department and had n,) vote on the award of the contract.
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Denisc Manning
April 20, 1989
Page 2
The _ourt in Delta Electric discussed whether a member of the San
Antonio Electr caT- oar was an officer sad, after much
discussion, concluded he was. The San Antonio Charter provision,
~ust as that of the Denton Charter, does not define the term
officer" [tie Suppreme Court of Texas, in Kimbrou h v. Barnett,
93 Tex. 301, 55 S.W. 120 approved the follow ng e n t ono en
office:
The term office is defined by Mr. Mechem, in
his work on Public Officers (section 1),
thus,. Public office is the right, authority
and duty created and conferred by law, by
which, for a iven period, either axed by
law, or enduring at the pleasure of the
creating power, an individual is interested
with some portion of the sovereign junctions
of the government, to be exercised by him for
the benefit of the public.' The correctness
of this definition is nowhere questioned, so
far as we know, and it is useless to add
supporting authorities.
The Delta Court, in reaching its conclusion relied on the
following facts.
(1) The Electrical Board was created by
ordinance of the city;
(2) The Board Members are appointed by the
City Council upon recommendation of the
City Manager;
(3) 'rhe Board passes upon the qualifications
} of all applicants for certificates of
electrical licenags;
(4) The Board ;ray review all decisions of the
Chief Electrical Inspector and his
assistants;
(5) The Board may alter, amend, or revoke
actions or decisions of the inspectors;
(b) The board has the power to suspend or
revoke the certificate or licensee of
persona found guilty of certain practices;
(7) The members o ; the board serve for a fixed
tem of office and
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Denise yanntng
April 209 1989
Page 3
(8) office Members and frecthe eive board a fixed take an oath
compensation. of
The court concluded that for hthelbenefitl of Board the "public," t forms and thus,
functions of the city y
its members constitute officers of the city. The fact that the
officer (the Electrical Board member) did not influence in any
way the award of the contract was held to not be determinative of
whether the contract was void.
Applying the definition set forth in Delta Electric, those
persons serving on boards and commissions o t e 7MEy of Denton
which serve purely in an advisory capacity and do not exercise
any sovereign power are not, in the opinion of the undersigned,
officers within the context of Section 14.04 of the Charter and
may enter into contracts with the city during their term of
office. Those boards and commissions are as follows:
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Library Board
Airport Advisory Board
Citizens Traffic Safety Support Commission
Human Resources Committee
Parks and Recreation Board
Community Development Block Grant Committee
Members of the following boards and commissions perform as
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officers of the city: 1
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Electrical Coda Board ~
Board of Adjustment
Building Code Board
Civil Service Commission
Plumbing and Mechanical Code Board
Planning and toning Commission
Therefore, a member of any of these boards and commissions would
violate the terms of Section 14.04 of the City Charter if he were
to willfully enter into a contract with the city during his term
of office.
ra sea ayov
DAD/lh
cc: Mayor Ray Stephens
City Council Members
Lloyd V. Harrell
33031
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May 22, 1989 MECHANICAL, INC.
Mechanical & lndiuowal conhaclors
rA C L A 0001?0C
City of Denton
901-B Texas Street
Denton, Texas 76201
ATTENTION: DENISE MANNINO
Dear Ms. Manning:
This firm is in receipt of City of Denton Purchase Orders ,
IPC 90734 and 90735 and your May 17, 1989 letter regarding my
appointment on the Mechanical Hoard.
i
j It is my understanding that the City Council will soon meet
II to resolve the Issues recently brought forth by your legal
department. To avoid potential conflict of Interest I will take
no active participation (abstain from voting) until the matter is
` resolved.
Please be reminded that my appointment was by the City
Council at the recommendation of the Mayor, at a time when this
` firm was conducting business as usual with the City. it is only
sensible that if the auspices under which I serve have been
changed by the councils then It would be incumbent upon the f
t council to rescind my appointment,
At this point in time there are matters to be considered by
the Council in their resolution of the issues
1. If the legal opinion is applied as written, whom from j
the active local business citizenry can the Council call I
upon to represent both the community and industry
standards?
2. Floe far does the legal opinion extend? Shall those who
are employed by or contract with the City be forced to
dispose of their sacurity holdings or resign board
memberships at Institutions that receive City deposits,
funding or business in any manner?
3. Does this legal opinion suggest that the integrity of
previous Board activities are In question?
As you may well know, provisions are already in force
to excuse individual members from participating in
Board action whenever a potential conflict of Interest
exists, if there Is a spacific complaint that this
I policy Is not strictly adhered to, then that would
appear to be the Issue, rather than the overall
Integrity of the many City Boards' functioning.
:
s0oiwEsrUNIVEASITYDRIVE DENTON, TEXAS 16201 IS 111381.1SF8 ME TRO{211}13411TS
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4. If the recent opinion is applied without further
consideration, will it stand up against the many far
reaching legal ramifications?
I trust the City Council will give due deliberation to the
matter and offer guidance as to the sensible application of the
recent legal opinion In the very near future.
Yours very truly,
CBS-MRCHANICAL, INC.
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4seph 8. Mulroy
President
JSM/mmb
CC$ Mayor Ray Stephens
Hugh Ayer
Bob Gorton
Randall Boyd
Llnnie McAdams
Jane Hopkins
Jim Alexander
Jackie Doyle, Chief Building Inspector
George Becker
Richard Cooper
Bob Sullivan
4 Jeff Peplos
Pete fork
8111 Burley
Richard Hayes, Attorney at Law
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MY of DENTON / 215 E, McKinney / Denton, Texas 76201
CONGRATUIZATIONS I
The winners of the Newspaper Recycling Contest have been determined. Cn
behalf of the City of Denton, the Keep Denton Beautiful Prcgram and the
Solid Waste Division, I would like to congratulate you and express a
thank you for your involvement. You are all winners because of your
participation) The City Council will recognize the winnere at the
Council meeting on Tuesday, January 20, 1989 at 7:00 pm in the Council
Chambers of the Municipal Building at 215 E. McKinney. Please plan on
attending and bringing the whole team.
WINNERS
19t Place - Grace Temple Baptist Church
i 2nd Place - Preceptor Theta Chi
3rd Place - Phi Chi Theta
4th Place - Alpha Lambda Delta
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If you have any questions, please contact me at 566-8420. Thank you for
your involvement in Keeping Denton Beautiful.
w
Cecile Carson -
CC/sc
ST/1R6933
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CITY of DENTON 1215 E. McKinney / Denton, Texas 76201
CttnMTUr.ATICNS I
The winners of the Newspaper Recycling Contest have been determined, On I
behalf of the City of Denton, the Keep Denton Beautiful Program and the r
Solid Waste Division, I would like to congratulate you and express a
thank you for your involvement. You are all winners because of your
participationl The City Council will recognize the winners at the
Council meeting on Tuesday, January 20, 1989 at 7s00 pin in the Council
Lliambers of the Municipal Building at 215 E. McKinney, Please plan on
attending and bringing the whole team.
WINb ERS
1st Place - Grace Terriple Baptist Church
2nd Place - Preceptor Theta Chi
3rd Place - Phi Chi Theta
4th Place - Alpha Lambda Delta
If you have any questions, please contact me at 566-8420. Thank you for
your involvement in Keeping Denton Beautiful.
~ ^ 1
Cecil; Carson
CC/sc
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x 2651L-1/3669
N0.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING
FOR AN EFFECT*VE DATE,
WHEREr", the City has solicited, received and tabulated
competitive bids for the purchase of necessary materials, equip-
ment, supplies or services in accordance with the procedures of
state law and City ordinances; and
~r^1 WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the
materials, equipment, supplies or services approved and accepted 1
herein; NOW, THEREFORE,
THE COUNCIL OF 711E CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered
bids or ma erials, equipment, supplies, or services, shown in the
"aid Proposals" on file in the Office of the City'a'Purchasing
Agent filed according to the bid number assigned thereto, are
hereby accepted and approved as being the lowest responsible bids
for such items:
BID ITEM
NLMBER 140. VENDOR AMOUNT I
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9986 _ _Ia2 -SOUTHWESTERN AT RTAfS $34.788.00
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SECTION 11. That by the acceptance and approval of the above
numb er~tems of the submitted bids, the City accepts the offer
of the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services in
accordance with the terms, specifications, standards quantities
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the pity and persons submitting
appro've- an accepted items and of the submitted bids wish to
enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the bids, the City Manager
or his designated representative is hereby authorized to execute
the written contract which shall be attached hereto; provided that
the written contract is in accordance with the terms, conditions
specifications, standards, quantities and specified sums containe~
in the Bid Proposal and related bid documents herein approved and
accepted.
SECTION IV. That by the acceptance and approval of the above
numbere terns of the submitted bids the City Council hereby
authorizes the expenditure of funds thereior in the amount and in
accordance with the approved bids or pursuant to a written
contract made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective
immea ate y upon its passage and approval,
PASSED AND APPROVED this day of , 1989.
E
RAY O MAYOR
ATTEST:
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APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCR, CITY ATTORNEY
E BY4
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PACE Two
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DATES JUNE 20, 1989
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECTS BID# 9986 - TRAFFIC CONTROLLERS & CABINETS
RECOMMENDATIONS We recommend this bid be awarded to the low bidder
Southwestern Materials of Georgetown, Texas, for the total amount
of $39,788.00. ~
SUMMARY: This bid was sent to six prospective vendors, and we
received two bids, two no bids and two no replies. This type of
material needs to be compatible with other like controllers in
service, therefore, we had to specify a like controller. We then
limit competition. The price is in line with earlier purchases.
BACKGROUND: Tabulation Sheet
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Traffic Department and
i Citizens of Denton.
~ FISCAL IMPACT: Account 0100-020-0012-8336 Budgeted Account. There ~
is no additional impact on the General Fund.
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Respectfully submitteds
j Lloy Harrell
City Manager
Prepared bys
"--1 a - -
ac Marshall
TitI Purchasing Agent
Approveds
J. Marshall
*te Purchasing Agent
O11.DOC
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BID# 9986
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BID TRAFFIC CONTROLLERS CABINETS I SOUTHWEST I TRANSYT
MATERIALS I CGRPORATION
OPEN 2tOO P.M. JUNE 8, 1989 I I I
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ACCOUNT # I~~ I I
# I QTY I ITEM DESCRIPTION I VENDOR VENDOR
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1 1 B I PHASE CONTROLLERS j 2,000.00 I 2,300.00
2 1 8 1 PHASE CABINETS I 3,798.00 I 3,900.00 I
I I TOTAL BID I 39,788.00 I 37,200.00 I
1 I I I f
I I DELIVERY I 60 DAYS I 60 DAYS
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2556L
ORDINANCE NO,
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE I (BUILDING CODE) OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR AMEND-
MENTS TO SECTION 5-3, BY AMENDING THE 1985 UNIFORM BUILDING CODE
THERETO REGARDING PERMIT FEES; PROVIDING FOR A PENALTY IN THE
MAXIMLH AMOUNT OF $500.00 FOR VIOLATION THEREOF; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER; AND PROVIDING FOR
AN EFFECTIVE DATE. '
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Subsections (2) through (6) of Section 5-3
of Art c e of Chapter 5 of the Code of Ordinances of the City
of Denton, Texas are hereby amended to read as follows:
Section 5-3. Deletions and Amendments.
(2) Section 301(x), Permits, is amended to read as follows:
Permits Required. Except as specified in subsection (b) of
this section , no building or structure regulated by this code
shall be erected, constructed, enlarged, altered, repaired,
moved, improved, removed, converted or demolished unless a
separate permit for each building or structure has first been
obtained from the building official. A separate electrical
plumbing, mechanical and one driveway approach permit shal{
not be required when a building permit for a new one or two
family dwelling of 4,599 square feet or leas in floor area or
for an apartment complex is issued. Individual building,
electrical, plumbing and mechanical permits are required for
additions, remodels and repairs to one and two family
dwellings and apartment buildings.
(3) Section 304(b), Permit Fees, is amended to read as
follows:
Permit Fees. The fee for each ppermit shall be as set forth
n ect on 308 and Tables No. 3-A and 3-B as set forth in
sections 5-3 (5) and 5.3 (6) a of this article.
Section 304(c), Plan Review Fees, is deleted.
Section 304(d), Expiration of Plan Review, is amended to read
as follows:
Applications for which no permit is issued within one hundred
e xgire t`180) day limitation, the date of application shall
p by plane and other data submitted for
review may thereafter be returned to the applicant or
destroyed by the building official.
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Section 304(f)(3), Fee Refunds, is amended to read as follows:
The building official shell not authorize the refunding of any
fee paid except upon written application filed by the
original permittee not later than one hundred eighty (180)
days after the date of fee payment.
(4) Section 305(g), Reinspections, fourth paragraph, is
amended to read as follows:
To obtain a reinspecti.on, the applicant shall pay the rein-
spection fee as set forth in the fee schedule titled, Other
Inspection Fees", Section 5-3 (6)b of this article, and then
request an inspection in the manner prescribed by the
' building official.
Apartment Building Permit
(5) The addition of Section 708,
Fees, to the Uniform Building Code, to read as o ows:
A permit fee shall be calculated for each multi-family apart-
ment building by multiplying the floor area as defined in the 4 1
Uniform Building Code by 11.4088 cents per square foot.
(6) Table No. 3-A, Buildin Permit Fees, is amended and Table
No. 3-B is created to read as follows:
TABLE 3-A
Permit Fees for Non-Residential Building
Additions aF epa rs o as ent a Buildings
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a. Total Valuation Fee
$1 to $500 $5
$501 to $2,000 $5 for the first $500, plus $1 for
each additional $100 or fraction
thereof, to and including $2,000.
$2,001 to $25,000 $20 for the first $2,000, plus $4
for each additional $1,000 or
fraction thereof, to and including
$25,000.
$25,001 to $50,000 112 for the firat $25,000 plus
13 for each additional $1,600 or
fraction thereof, to and including
$50,000.
$50,001 to $1001000 12 187 for° the additional first $50,000, $1,00 plus or
fraction thereof, to and including
$100,000.
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$100,001 to $5009000 1127 .50 for teachfiadditional $1P000
or fraction thereof, to and
including $500,000.
$500,001 and up 1187for° each the addfirst itional 0$1,000 or
fraction thereof.
To establish building permit fees for all new construction
and additions other than new one and two family dwellings of
4,599 square feet or less in floor area nd by multi-ftotal
dwellings, multiply eleven dollars ($11.00)
- square footage under roof, enter that valuation into table
No. 3-A and increase the results by one half. To establish
building permit fees for all alterations, fire damage,
repairs, remodeling, and accessory te buildings, multiply six total square dollars fifty cents ($6.50) by
enter that valuation into the above schedule and then
increase the results by one half.
TABLE 3-B 1
Permit Fee Schedule For New One and-Two-Family Dwellings
Each half of a two-family dwelling shall be treated as a
j separate building for the purpose of determining permit fees:
Total Square Total Square
Ft. Under Roof Fee Ft. Under Roof Fee
0-1272 $255.30 2800-2818 $367.76
1273-1299 261.30 2819-2899 372.26
1300.1363 265.44 2900.2909 375.94
1364-1399 271.44 2910-2999 380.44
380.68 1
1400-1455 274.58 3000
1456.1544 280.58 3001-3090 385.18
1545-1636 286.58 3091-3099 389.68
1637.1727 292.58 3100-3181 395.28
1728-1799 298.58 3182-3199 399.78
1800-1818 301.02 3200-3272 403.10
1819.1899 307.02 3273-3299 407.60
1900-1909 307,29 3300-3363 411.17
1910.1999 313.29 3364-3399 415.67
2000 313.63 3400-3454 417.65
2001-2090 319.63 3455-3499 422.15
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Total Square
Ft. Under Roof Total Square
Fee Ft. Under Roof Fee
2091-2099 $325.63 3500-3545
2100-2181 326.42 $426.62
2182-2199 332.42 3546-3599 431.12
2200-2272 333.74 3600-3636 436.36
22)3-2299 338.24 33637007-3699 446.86
2300.2363 339.11 -3727 446.05
2364-2399 343.22 3728-3818 450.55
2400-2454 3814-3909 455.05
2455-2499 350.86 3910-4000 459.55
2500-2545 353.21 4001-4090 464.05
2546-2599 4091-4199 478.55
2600-2636 357.71 4200-4272 483.05
2637-2649 358.76 4273-4363 487.55
2700-2727 363.26 4364-4454 442.05
2728-2749 363.26 4455-4545 496.50
367.76 4546-4599 499.55
SECTION II. That Section 5-3 (13) through (15) of Article I
of C apter of the Code of Ordinances th the City of Denton are
hereby renumbered (14) through (16).
SECTION III. That Section 5-3 (13) of Article I of Chapter 5
as t l o e o Ordinances of the City of Denton shall hereby read
as follows:
(13) Section 2903, Excavations and Fills, is amended by
1 adding a new paragraph (c)`to rea as o owe:
(c) Trench Se~fet_y. Notwithstanding any other provision of
this Code, on alt construction
projects the boundaries of the City oDenton Porlits oextraterri-
torial juriediction, the bid documents and the contract shall
contain: (1) detailed plans and specifications for adequate
safety systems that meet OSHA standards, and (2) s pay item for
those safety systems. This requirement shall not apply to
VpeTrsConSs.subject to
Article
ions o ,
Article 053.20 V.T.C.S. Pe y provisions of
SECTION N_IV. 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 or certificate issued there-
under, shall be guilty of a misdemeanor
exceeding Five Hundred Dollars punishable by a fine not j
be deemed guilty of a separate (off nose )for Eeach send everyndayaor
portion thereof during which any violation of this ordinance is
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committed, or continued, and upon conviction of any such viola-
tions such person shall be punished within the li:aits above.
SECTION V. That if any section, subsection, paragraph, sen-
tence, c ause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this 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 VI. That the repeal of any ordinance or any portion
i thereof by the preceding sections shall not affect or icpair any
act done or right vested or accrued or any proceeding, suit or '
prosecution had or commenced in any cause before such repeal shall
f take effect; but every such act done, or right vested or accrued,
or proceedings, suit or prosecution had or commenced shall remain
in full force and effect to all intents or purposes as if such
ordinance or part thereof so repealed had remained in force.
SECTION VII. That this ordinance shall become effective
fourteen 14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage.
PASSED AND APPROVED this the day of , 1989.
ATTEST:
l
JENNIFER WALTERSj CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY
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Proposed Single Permit System For One and Two Family and
Multi-Family Construction Projects:
and permitting byythemBuis the end result of a ilding Inspection Diviaion great
This deal of proposed
well as the Legal Department. Building Inspections believes
to reduce
cawill lls substantially
permit the and amount two
this paper permitting Land process
family and multi-family projects.
Neither the method of determining nor the amount of permit fees
has changed for non-residential buildings, repairs and
additions to residential buildings. (Table 3-A and paragraph
following) A new Table 3-B has been developed to determine a
single permit fee for one and two family dwellings. The fees
in Table 3-B were determined by randomly selecting 335 single
family building permits for houses built using the present fee
associated with each of mechanical n1335 single driveway
approach schedules,
building permits were also used to determine the average permit
cost for dwellings that fall within the floor area range in the
column to the left of the fee column,
it was not the intent of the Building Inspection Division or
the various code boards to recommend fee increases at this time
with the exception of HVAC permit fees. The Plumbin and
Mechanical Code Board recommends that the present 111.00
average EVAC permit fee per dwelling unit be increased to
$40.00 per dwelling unit. The fees shown in Table 3-B include
the proposed increase.
The permit cost per square foot for multi-family construction
fl shown in Sec. 5-3 (5) was determined in basically the same
manner as for one and two family permits. Twenty-one apartment
I building permits were selected with their associated
electrical, plumbing, mechanical and driveway approach
i permits. The 11.4088 cents per square foot is the average
permit cost per square foot of building.
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Jackie Doyle
Building Official
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` I and 2 Family and Multi-Family Permit Process
For New 1 and 2 Family and Multi-Family Construction Only
1. Owner or Builder submits plans
2. Plans are reviewed and a permit is issued when review
is co;npleted. Permit includes the following:
Building, Electrical, Plumbing, HVAC, and one
Driveway approach,
3. Owner or Builder selects properly licensed and/or
registered subcontractors. It is critical that the
owner or builder make sure that his subcontractors
are properly qualified to work in the City of
Denton. this will save the builder time and reduce
the chances of his job being held up.
4. Subcontractors call for inspections when ready
? I S. Inspector checks list to insure that subcontractor is
properly licensed and/or registered. If
subcontractor is not properly licensed or registered
with the City, the inspector shall red tag the fob.
b. Inspector places contractors name, type of Inspection
requested and job address on Daily Inspection Log.
I
7. Secretary enters subcontractor information into
computer from inspectors inspection log.
8. Inspector's license and registration lists are
updated daily.
The following subcontractors are required to be
licensed and/or registered with the City of Denton:
a. Plumbers - licensed by State, registered with City
b. Electricians - licensed and registered by City
c. HVAC contractors - licens-d by State, registered
by City
d. Driveway approach, sidewalk, curb and gutter
contractors bonded and registered by City
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MINUTES
Building Code Board
September 13, 1968
PRESENT: Robert Courtney, Isabel Miller, Cliff Reding, Charles
Ginnings, Don Fletcher and Jackie Doyle, Building
official
ABSENT: Alfred Green
1. Miller moved and Ginnings seconded a motion to approve the
minutes of September 6, 1968 as written. Motion carried
unanimously.
11. (1) Joe Morris, Assistant City Attorney was present to
address the concerns of building code board members
I regarding any liabilities they might have if they
determine that a building must be demolished. Mr.
Morris indicated that immunity is the general rule
provided that the board does not make policy, stays I
within the scope of its duties and follows the
requirements of the ordinance. Mr. Morris stated that
the substandard building and housing ordinance had
been reviewed to be sure the law is written properly.
Cliff Reding asked Mr, Morris who would pay attorney
fees if members are sued. Morris said that the City
has no firm policy regarding paying for suits against
j board members. Morris said that law suits usually
result when someone with an interest in the property
claim they were not notified and that notification is
the responsibility of the building official not the {
board,
(2) Richard Cooper a mechanical engineer in private 1
business was present to talk to the board regarding
his ideas about heating, cooling and energy
conservation, Mr. Cooper said that most of his work
is in commercial construction. Cooper said that he
opposed any blanket ban on a heating system such as
electric resistance heating and that electric heating
should be used wisely. Cooper recommends the use of
gas for heating single family homes. He said that it
-1 might be more efficient in small apartment units to
use electric heat because gas units are sized based on
cooling requirements which usually requires a larger
than needed gas furnace which will cycle on and off
too often. Cooper said that in this area heat pumps
must have resistant heat strips and that heat pumps
don't last as long as gas units or electric resistant
heating units. Cooper said he believes that tight
construction and energy efficiency are most
important, Good energy management techniques should
be used, Miller asked Cooper if he would suggest
different energy conservation requirements based on
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type i
enerof heat used. Cooper said he was in favor of an
wall gareasn andv r of areas are Cooper said
in energy efficiency.
considerations Outside
Miller asked Coo
in ener
gy efficipeenrcif lighting wasn't a large factor
ener y. Cooper said it was and that
8Y efficient lighting should be used, J
Ginnings said that electric
users of electricity.. Courtne water heaters are big
seen apartment buildings where asked Cooper if he had
because of venting problems,gas could not be used
ventin and combustion air can be Cooper said
Story ufldings, problem in multi
Miller asked how much difference
direction an apartment bufldin it makes which
quite a bit regarding coolin
8• !s He faces. . east Cooper
id j
and said
facing buildings cost more to cool, 20
254 difference in tonnage
reuirements Cooper said a result
based on the direction a buildin faces. could result
that he felt builders should 8 faces. Cooper said
materials they use instead o have flexibility in
must use. Fletcher commented thate w
iold hentsurgeshfn peak
Shdemand kick in it costs the City
Power, Reding asked if the City had shut down the
whether or not this had ha plant. Nobody knew
North Texas desires to ppened. Millerid that
f objects because ')-generate but the Cit
North Texas and City doesn't collect taxes from
electricity is the providing the university with
Coo er aid that wanly way to recoup expenses. I
co generation in the futuould see more and I
like for the City Cooper said he more
generate electri tto start burning waste (garbage) to
~ I1I, Reding moved and Miller seconded a motion to approve a
proposed amendment
concerning trench to Sec, 102 of the b~~ildfn8 code
safety. Motion carried unanodi y,
Meeting adjourned at S:15 p,R,
03761
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RECEIVED FEB 0 1 1S:
A'
CITY of DENTON, TEXAS MUNICIPAL dUJLDING DENTON, TEXAS 76201 TELEPHONE !8111566.8200
1
January 24, 1989
1 have reviewed the proposed ordinance amendments relating to
the proposed single permit )pdo not adopt the recommend that the
City Council [x] adopt, proposed i
permit process.
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Wlfred Green
Member of -7~ie.t!:2/aLG Coda Board.
v
Comments:
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CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE(817)566.8200
January 24, 1989
I have reviewed the proposed ordinance amendments relating to
the proposed siW a permit process and I recommend that the
city council M adopt, L24 do not adopt the proposed single
permit process. •.c.
gnature
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Wayne Allen
Member of '6,,, Code Board.
f Comments:
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CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON,TEXAS 76201 TELEPHONE(817)566.8200
'RECEIVED FEB 0 1 1389
January 24, 1989
I have reviewed the proposed ordinance amendments relating to
M the proposed single permit process and I recommend that the
City Council [tj adopt, [ j do not adopt the proposed single
permit process.
signature
Robert Courtney
I Member of Building Code Board.
Comments:
{ The proposed ordinance amending Chapter 5, Artical I (Building Code)
} refers to fees being calculated "in the same manner as a wwoercial permit"
{ on Page 4, first sentence after Table 3-B.
Fran what I have there is nothing legally known as a commercial permit
fee system. If there isn't, wouldn't it be more easily understood and
possibly give a more legal meaning to refer to Building Permit Fees,
Table 3-A or sane such defining reference instead of referring to a
' "oomnercial permit" fee.
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RE~`ErVER FEB ,
' t3r989
CITY ofDENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 16101 TELEPHONE (817) 566.8200
i
January 24, 1989
I have reviewed the proposed ordinance amendments relating to
the proposed single permit process and I recommend that the
City Council [L-f:---adopt, [ I do not adopt the proposed single
permit process.
gnatu e
Cliff Redin
Member of Code Board,
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Comments:
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RECEIVED JAN 3 I 1989
O
CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON,TEXAS 76101 i TELEPHONE(817)566.8200
January 24, 1989
r I have reviewed the proposed ordinance amendments relating to
the proposed single permit process and I recommend that the
City Council [7~1 adopt, [ 1 do not adopt the proposed single
permit process.
ignature
C.A. Ginning
C
Member of Code Board.
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Comments:
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RECEIVED JHN 3 f 1989
r:
CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76101 TELEPHONE (817)566-8200
January 14, 1989
I have reviewed the proposed ordinance amendments relating to
the proposed single permit process and i recommend that the
City Council f'j adopt, do not adopt the proposed single J1
permit process.
I
Signature
Ilct~< Don Fletcher
Member of iSL~'-tt L Code Board.
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Comments:
1 N
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TYofDENIrON,TSXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE r8u)s66-aZoo
January 24, 1989
I
I have reviewed the proposed ordinance amendments relating to {
/ the proposed single permit process and I recommend that the `
r~ City Council tvj adopt,
permit process. 1 do not adopt the proposed single
.c-t
at ~e
gn
Isabel Miller
Member of B ildi
I Code Board.
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Comments:
} 5-3 (z) In the last sentence, it would be „
in place of "remodel " Preferable to use remodelings"
~LIYis Kb d 3}
(3) Section 304(d)Axpiration of Plan Review Flow does one renew
action on an application? Should the last sentence of 304(d) be added
to the amended version?
I
Section 304(f)(3) Now much of fee will be refunded? es this cover4allDthe entirety? It does
originalnform. Doo
these causes still stand?
Also 5-3(4) states the fee is set forth in " Other Inspection Fees"
in 5-3 (6)b but in this mailing, 503(6) has neither (a) nor (b),
9 On the sheer_ detailing the Permit Process, in 3 it would be preferable
to say Owner or Builder, not Owner/Builder
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CITY ofVIENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 16241 TELEPHONE'817) 566.82"'0
February 8, 1989
Isabel Miller
711 W. Sycamore Street
Denton, Tx. 76201
` Dear Ms. Miller:
Thanks for returning the reply form regarding the proposed
' single permit process for residential occupancies. Listed
below are responses to your comments.
1. Change the word "remodel" to "remodelings" in Sec. S-3
(2). We will consider this sugges,ion.
j 2. Sec. 5.3(3). You are correct. The (3) following 304 (d)
should be deleted. You ask how does one renew action on
an application. After 180 days, if we were asked to renew
an application, we would require a new application be
submitted and new plans submitted only if the builder had
made changes to the plans submitted earlier. We retain
plans for which no permit is issued for several years
unless the owner asks for them. The reapplication process
has been a rare occurrence in the past and we do not
believe a change in the proposed ordinance is necessary.
3 The amount of a fee refund is 80 percent as indicated in
Sec. 304 (f) 2 of the U.B.C.
4. Concerning Sec. SOS (g) - Only the 4th paragraph would be
amended. The remainder is unchanged.
S. Your question re. Sec. S-3 (4) which refers to Sec. 5-3
(6) (b) - In the City code of ordinances, Table No. 3-A is
identified asSec. 5-3 (6) (a) and the fee schedule titled
"Other inspections and Fees" is identified as (6) (b).
- 6. Your comment re. 13 on the sheet detailing the permit
f f process, we will change "Owner/Builder" to Owner or
k ` Builder.
F
Thanks again for your comments. If you have other questions,
please call me.
Sincerely
4t
Jackie Doyle
Building Official
0426(
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2557L
NO.
I
AN ORDINANCE AMENDING CHAPTER 9, ARTICLE IV (ELECTRICAL CODE) OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING
SECTIONS 9-46 AND 9-47, DELETING THE REQUIREMENT OF AN ELECTRICAL
PERMIT FOR THE CONSTRUCTION OF NEW ONE AND TWO FAMILY DWELLINGS
NOT EXCEEDING 49599 SQUARE FEET IN FLOOR AREA AND NEW MULTI-
FAMILY COMPLEXES; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $500.00 FOR VIOLATION THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
I
SECTION I. That Section 9-46 of Article IV of Chapter 9 of
the 5-de o F-Urdinances of the City of Denton, Texas is hereby
amended to read as follows: 1
Sec. 9-46. Permit Required.
I~ It shall be unlawful for any person to install, change, alter
` or, repair any electric wiring or apparatus in the city
i (except the routine replacement of fuses and lamps and the 4
alleviation of short circuits) unless such person has J
obtained a permit in writing from the chief building official
to perform such work; provided however, that only a building
permit shall be required for the construction of new one and
two family dwellings of 4,599 square feet or less in floor
area and new multi-family complexes. Electrical permits
shall be issued only to holders of a valid city electrical
contractor's license.
SECTION II. That the portion of Section 9-47 of Article IV
of Chapter of the Code of Ordinances of the City of Denton,
Texas entitled Separate Permits is hereby amended to read as
i follows:
f Sec. 9.47. Separate Permits.
A separate electrical permit shall be
i obtained for each building or structure
except that :oly a building permit shall
be required for each new one and two
family dwelling not exceeding 4,599 square
feet or less in floor area and for each
new multi-family complex.
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SECTION III. That if any section, subsection, paragraph,
'R sentence, clause, phrase or word in this ordinance, or
application thereof to any person or circumstance is held invalid
by any court of competent jurisdiction, such holding shall not
affect the validity of the remaining portions of this 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. All ordinances or parts of ordinances in force
when t e prov sions of this ordinance become effective which are
F inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of
any such conflict.
' SECTION V. 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 or certificate issued
thereunder, shall be guilty of a misdemeanor punishable by a fine
not exceeding Five Hundred Dollars ($500.00). Each such person
shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of this
ordinance is committed, or continued, and upon conviction of any
such violations such person shall be punished within the limits
above.
SECTION VI. That this ordinance shall become effective
fourteen days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
f f (10) days of the date of its passage.
PASSED AND APPROVED this the „y day of
j 1989.
I RAY STEPHENS9 MAYOR
ATTEST:
M
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
I BY: f
I Flow
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CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPNONE18171566.8100
I
I'I January 24, 1989
I have reviewed the proposed ordinance amendments relating to
the proposed single permit process and I recommend that the
i City Council [ X) adopt, ( j do not adopt the proposed single
permit process.
c
gnat C~-
Lance Spence
Member of Electrical Code Board.
i
I, Comments:
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clryofVENrON, rFXA$ MUNIGPAL BUILDING D£NTON, TEXAS 76201 TELEPHONE (8i7) 566.8200
January 24, 1989
I have reviewed the proposed ordinance amendments relating to
11 the proposed sirr)gle permit process and I recommend that the
City Council (c adopt, ( J do not adopt the proposed single
permit process.
!4
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Marion Johnson
Member of e'cf/jICAf Code Board.
1
f Comments:
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RECEIVED .1^.N 3 1 1989
CITY of DE'NTON, TEXAS MUNKIPAL BUILDING DENTON, TEXAS 76101 r TELEPHONE (817) 566-8200
January 24, 1989
1 have reviewed the proposed ordinance amendments relating to
the proposed single permit process and I recommend that the
/ 11 City Council [✓1 adopt, [ J do not adopt the proposed single
permit process,
i
I 1/1 signature /,/v
James Keffer
Member of .._g -Code Board.
! Comments:
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' RECEIVED F: iE~
CITY of DENTON# TEXAS MUNICIPAL BUILDING ')ENI'ON, TEXAS 7620f TELEPHONE (817)566-8200
January 24, 1989
I have reviewed the proposed ordinance amendments relating to
the proposed sir}gle permit process and I recommend that the
City Council 1✓I adopt, ) do not adopt the proposed single
permit process.
gT-nature
Clyde McWill!s
Member of (XGC • rkt Code Board.
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Comments:
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RECEIVED FE a I U X389
CITY of DENTON, TEXAS MUN10PAL BUILOfNG DENTON, TEXAS 76201 TELEPHONE (81b 566-8200
January 249 1989
i have reviewed the proposed anaIeRdment endelathat
ting the
Citthey p Crouoponcsiel 07 d gl aedoptpermit process not and the proposed single
I! permit process.
gnat re
David Hoenig
Member of £lc,Earca~ Code Board.
Comments:
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J= LIM=
J= LE13=
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2460L~.
NO.
AN ORDINANCE AMENDING CHAPTER 13 1/2 (MECHANICAL CODE) OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMENDING
SECTION 13 1/2-2 CREATING AN EXCEPTION TO THE REQUIREMENT TO
OBTAIN A MECHANICAL PERMIT AND THE PAYMENT OF A PERMIT FEE;
PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $500.00 FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE
~--^1 DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
1
SECTION I. That Section 13 1/2-2 of Chapter 13 1/2 of the
Code 'FT-0RInances of the City of Denton, Texas is hereby amended
by changing Section 301 of the Uniform Mechanical Code, 1973
Editicn:
Section 13 1/2.2. Amendments.
Sec. 301--Change the last sentence of paragraph (2) to
read.
I
A separate mechanical permit rhall be obtained for each
building or structure except that only a building permit
shall be required for each new one and two family
dwelling of 4,599 square feet or less in floor area and
for each new multi-family complex.
SECTION II. That Section 13 1/2-2 of Chapter 13 1/2 of the
Code oT-0rdI-nances of the City of Denton, Texas is hereby amended
by adding the following to Section 304 of the Uniform Mechanical
Code, 1973 Edition:
Section 13 1/2-2. Amendments.
Sec. 304--Add to paragraph (1).
The following fee schedule shall not apply to the
construction of new one and two family dwellings of
4,599 square feet or less in floor area and new
multi-family complexes.
SECTION III. That if any section, subsection, paragraph,
sentence, cause, phrase or word in this ordinance, or
application thereof to any person or circumstance is held
invalid by any court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of this
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. All ordinances or parts of ordinances in force
when tie provisions of this ordinance become effective which are
inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of
any such conflict.
SECTION V. 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 or certificate issued
` thereunder, shall be guilty of a misdemeanor punishable by a
! fine not exceeding Five Hundred Dollars ($500.00). Each such
person shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any violation of this
ordinance is committed, or continued, and upon conviction of any
such violations such person shall be punished within the limits
above.
SECTION VI. That this ordinance shall become effective
fourteen ays 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 , 1989.
G
MAY STEPH , RAYOR
ATTEST:
JENNIFER WALTER SO T SECREMY
APPRUVF.D AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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2457L ~
NO.
AN ORDINANCE AMENDING CHAPTER 179 ARTICLE II (PLUMBING CODE) OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING
SECTION 17-17 (b) CREATING AN EXCEPTION TO THE REQUIREMENT TO
OBTAIN A PLUMBING PERMIT; AND BY AMENDING SECTION 17-22 CREATING
AN EXCEPTION TO THE FEE SCHEDULE REQUIREMENTS; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $500.00 FOR VIOLATION THEREOF; AND PROVIDING
FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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SECTION I. That Section 17-17 (b) of Article II of Chapter
17 o the o e of Ordinances of the City of Denton, Texas is
hereby amended to read as follows:
Section 17-17. Permit Required.
(b). A separate plumbing permit shall be obtained
for each building or structure except that
only a building permit shall be required for
each new one and two family dwelling of 4,599
square feet or less in floor area and for each
new multi-family complex.
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SECTION II. That Section 17-22 of Article II of Chapter 17
of the Code o Ordinances of the City of Denton, Texas is hereby
amended by adding the following paragraph a'. the end of the
Section 17-22 Plumbing Permit Fee Schedule.
Section 17-22. Fees.
'I The preceding fee schedule shall not apply to the
construction of (i) new one and two family dwellings
of 4,599 aquare feet or less in floor area and (ii)
new multi-family complexes.
SECTION III. All ordinances or parts of ordinances in force
when the provisions of this ordinance become effective which are
inconsistent or in conflict with the terms or provisions contained
in this ordinance are hereby repealed to the extent of any such
conflict.
SECTION IV. 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 or certificate issued
thereunder, shall be guilty of a misdemeanor punishable by a fine
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not exceeding Five Hundred Dollars ($500.00). Each such person
shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of this
ordinance is committed, or continued, and upon conviction of any
such violations such person shall be punished within the limits
above.
SECTION V. That this ordinance shall become effective
fourteen 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 1989.
i
RAY STEPHENS, MAYOR
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ATTEST:
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JENNIFER WALTERS9 CITY Y
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I APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
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BY:
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RECEIVED FEB 0 6 1989
CITY of V NTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (8171 :66.8100
January 14, 1989
1 have reviewed the proposed ordinance amendments relating to
the proposed single permit process and I recommend that to
City Council adopt, [ ] do not adopt the proposed single
permit process.
g to
effrey Peploe
Member of Ar.✓ Code Board,
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RECEIVED F ES 0 3 5989
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CITY of DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (8)7! 566.8200
January 24, 1989
1 have reviewed the proposed ordinance amendments relating to
the proposed sin le perr4it process and I recommend that the
City Council it~adopt, ( 1 do not adopt the proposed single
permi r t process.
signature
George Becker
/
` Member oE0/ _-Code Board.
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Comments:
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CITY ofDENroN, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76101 TELEPHONE (8171 566.8200
January 14, 1989
I have reviewed the proposed ordinance amendmr^ts relating to
the proposed single permit process and 1 recommend that the
City Council (✓J adopt, do not adopt the proposed single
j permit process.
gnature
Robert Sullivan
Member of Code Board.
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Comments: J
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RECEIVED FE8 0 2 T89
CITYO(DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (d?7)566.s2oo
January 24, 1989
I have reviewed the proposed ordinance amendments relating to
the proposed sile permit process and I recommend that the
City Council (P ngadopt, ( ] do not adopt the proposed single
permit process.
~N~,
e et~ozey"s!`s 4'~t 7yLe 1
gnaturo
l Pete Work j
Member of \ Code Board.
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I Comments:
f / lafJC ilkiliL. ~p~*c~GGi~tl~, ~~l~lll( loo
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TMl, R,IIk •I T111/ NAtVW1L►L 1JITM TM 416
I0L►PP►I18 OSLO. ss .v• b"Ay" "w"
IJ1TM 'Tot,. ►1ll."OCA.r ,ryrrl►M. Wif O•
N•T 034LICV& rN4At )t A^►RVOLtM.
RECEIVED FEB d 7 1989
D , TXXAS Ml1NlCIPAL BUILDING DENTDM, TEXAS 76201 TELEPHONE
CITY of DBNJanuTONary 24, 1989
o osed ordinance amendments relating to
'process and I recommenosed at the single
i have reviewed the proposed
gle the proposed sifI pdo not adopt the prop
city Council 16 adopt
permit process.
} gnature
oe Mulroy .Code Board.
Member of
Comments:
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June 13, 1989
CITY COUNCIL AGENDA ITEM '
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
SUBJ: CONSIDER ORDINANCE FOR ENGINEERING CONTRACT WITH C. H.
GUERNSEY AND COMPANY, RATE CONSULTANTS, TO EXAMINE AND
REVIEW CITY OF DENTON'S ELECTRIC RATES,
RECOMMENDATION: -
The Public Utilities Board, at their meeting of May 24, 19890
recommended to the City Council approval of an Engineering
Agreement with C.H. Guernsey, consulting firm, in the
not-to-exceed amount of $19,800.
BACKGROUND/SUMMARY:
The Utility Department is currently performing electric, water
and wastewater studies to review rate changes that are necessary
for 1990. The attached Engineering Contract with C.H. Guernsey
will provide consulting services to assist the Staff in the
following areas for the electric rates:
e
1. Cost of Service analysis.
2. Consideration for re-designing of all rates based on TMPA
reduction in fixed costs.
3. Based on results of the cost-of-service study, an update of
recommendations made in the 1988 Rate Study by Guernsey on
the standby, time-of-use and partial requirements rates.
4. Development-of an "expanded block" rate for small General
Service class customers and, based on this rate, re-design
of current General Service, General Service Primary and
Large Primary rates.
The Utility Department hired C.H. Guernsey for the 1986 Electric
Rate Study and has been satisfied with their consulting
services. This contract is based on a specified hourly rate for
various personnel plus expenses with a "not to exceed" maximum
1 amount of $190800.
PROGRAMS, DEPARTAENTS OR GROUPS AFFECTED
Utilities Staff, Public Utilities Board, Citizens, Legal
Department, and City Council, FISCAL IMPACT
Not to exceed =19,800
Source of Funds: 610-080-0250-8502
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a
r City Council Agenda Item
Page 2
Res tfully a matted
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Pr ared/q pr ved by,
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Department of Utilities
Exhibit I Proposed Contract
Ordinance
!I1 PUB Minutes of May 24, 1989
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2704L
NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
C. H. GUERNSEY & COMPANY FOR PROFESSIONAL ENGINEERING SERVICES
REGARDING ELECTRIC RATE ANALYSIS; AUTHORIZING THF. EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an
agreement between the City of Denton and C. H. Guernsey for
professional engineering anrvices regarding electric rate
analysis, under the terms and conditions contained in agreement,
a copy of which is attached hereto and made a part hereof.
SECTION It. That the City Council hereby authorizes the
expen tuff- re -o1 funds not to exceed Nineteen Thousand Eight {
Hundred Dollars ($19,800.00).
SECTION III. That this ordinance shall become effective
immediately upon its passage end approval. y
PASSED AND APPROVED this the day of June, 1989.
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ATTEST:
JENNIFER WALTERS, CITY 91N=
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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THE STATE OF TEXAS S AGREEMENT BETWEEN TH CITY OF J
DENTON AND C. H. GUERNSEY h 1
COMPANY FOR ENGINEERING SERVICES I
COUNTY OF DENTON S
THIS AGREEMENT made, entered into and executed this 12th day
of , 1989r by and between the CITY OF DENTOR,'TEXAS,
na ter ca led the 'OWNER' and C. H. GUERNSEY & COMPANY,
here
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Oklahoma City, Oklahoma, hereinafter tailed the 'ENGINEER' acting
herein, by and through its representative, duly authorized so to
act for and in behalf of said ENGINEER.
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WITNESSETH, that in consideration of the covenants and
agreements herein contained, the parties hereto do mutually agree
as followAs
SECTION I.
EMPLOYMENT OF ENGINEER
I
The OWNER agrees to employ the SNOINEER, andf the ENGINEER 1
agrees to perform professional engineering services, in yl
r connection with assignma!its related to electric rate analysis,
special studies and ocher requests the OWNER authorizes the
h ENGINEER to perform and, for having rendered such services, the
OWNER agrees to pay the ENGINEER compensation as stated herein.
SECTION Its
PERIOD OF SERVICE
This AGREEMENT shall become effective upon execution by the
OWNER and the ENGINEER, and shall conform to the following
Project Schedules
DZLIVZ ABLb6
1. Engineer shall prepare and submit a written report of
findings and recommendations pursuant to services
rendered as described in Scope of Work, Attachment B.
The report shall includes
o An Executive Summary of key points and recommenda-
tions, and
o Supporting exhibits, schedules, figures and work-
papers,
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2. Engineer shall attend and participate in up to two
(2) meetings to present the findings of the analysis
to the Utility Board and to the City Council.
PERFORMANCE PERIOD
Within 45 days from the execution of the Agreement for
Engineering Services, ENGINEER shall prepare and submit
a draft report to OWNER.
Withia 15 days After receiving comments on the draft
report from OWNER, ENGINEER shall provide a final
written report to OWNER,
ENGINEER shall participate in up to two (2) meetings with
j the Denton Utility Board and City Council, as requested
by OWNER.
SECTION 111.
BASIC SERVICES }
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The OWNER will authorize, in writing, the ENGINEER to perform
according to the scope of work set forth in attachment S.
The ENGINEER will provide the, requested aervices'as defined
in said scope of work.
SECTION IV.
I
RESPONSIBILITIES OF OWNER
OWNER agrees to assist the ENGINEER by providing the following
for each assignments
A.-Designate in writing a person to act as OWNER's represen-
tative with raspect to the services to be rendered under
this Agreement. Such person shall have contract authority
to transmit instructions, receive information, and inter-
pret and define OWNER's policies and decisions with
respect to ENGINEER's services,
B. Assist ENGINEER by placing at ENGINEER's disposal all
availaolo pertinent information including previous reports
i and any other darn relative to the assignment of project.
Co Examine ali studiea, reports, sketches, drawings, specifi-
cations, proposals, and other documents as set forth in
PACE 2 of 6
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Scope of Work (attachment B)t obtain advice of an attorney,
insurance counselor and other consultants as OWNER deems
appropriate for such examination; and render in writing
decisions pertaining thereto within a reasonaole time so as
not to delay the services of ENGINEER.
SECTION V.
COMPENSATION
The OWNER agrees to pay the ENGINEER for all professional
services rendered under this Agreement in accordance with the
followings II
A, The ENGINEER shall be paid a fee, not to exceed $19,8000
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based on the Schedule of Charges shown in Attachment A.
B. The ENGINEER may submit requests for payment based upon
' the amount of work completed. Invoices will not be
E submitted more frequently than monthly.
Any applicable new taxes imposed upon service, expeneea, and
charges by any governmental body after the execution of this
contract will be added to the BNOINEER's compensation.
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If OWNER fails to make any payment due ENGINEER for services
.and expenses within forty-five (45) days after receipt of
ENGINEER's statement therefor, the amounts due ENGINEER will be
increased at the rate of one percent (11) per month from said
forty-fifth day, and, in addition, ENGINEER, after giving seven
(7) dayd' written notice to OWNER, suspend services ur. sr this
Agreement until ENGINEER has been paid in full all amounts due )
for services, expenses, and charges. I
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SECTION VI.
NOTICES
All notices, communications and reports required or permitted
under this contract shall be personally delivered or mailed to
the respective parties by depositing same in the O.S. snail,
certified, return receipt requested, at the addresses shown
below, unless and until either party is otherwise notified in
writing by the other party at the following addresses. All
notices shall be deemed delivered as of the date of the receipt.
f If intended for City, to: if intended for ENGINEER, tos
j City of Denton _ C. Guernsey 8 Company
Lloyd V. Harrell, City manager Slihas P, 'Patwardlian. Vice Preece,
215 E. McKinney _ 355S Northwest S8th Street
Denton, TX 76201 Oklahoma City, OK 73112
PAGE 3 of 8
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SECTION VII.
OWNERSHIP OF DOCUMENTS J7
All documents prepared or furnished by ENGINEER (and I
ENGINEER's independent, associates and consultants) pursuant to
this Agreement are instruments of service and ENGINEER shall
retain an ownership and property interest herein. OWNER may make
and retain copies for information and reference) however, such
documents are not intended or represented to be suitable for
reuas by OWNER or others. ENGINEER understands and acknowledges
that OWNER is subject to Texas Open Records Act and must lawfully
provide all applicable records in its possession to the public
upon proper request.
SECTION VIII.
INDEMNITY AGREEMENT
ENGINEER shall indemnify and save harmless the OWNER and its
officers, agents, and employees from the liability; of the OWNER j
on account of any injuries or damages received or' sustained by
any person or persons or property, including court costs and
reasonable attorneys' fees incurred by the OWNER, proximately
caused by the negligent acts or omissions of the ENGINEER or its
officers, agents, or employees in the execution, operation, or
performance of this Agreement. ,
SECTION IX.
ENGINEERING STANDARDS
ENGINEER shall perform the services provided for in this
Agreement tconsistent w with the highest standards and code of
engineering profession. J
SECTION X.
TERMINATION OF CONTRACT
The obligation to provide services under this Agreement may
be terminated by either party upon thirty (30) days' written
notice in tits event of substantial failure by the other party to
perform in accordance with the terms thereof through no fault of
the terminating party. The OWNER may terminate this Agreement
upon forty-five (45) days' written notice to the ENGINEER for any
reason. In the event of any termination, ENGINEER will be paid
for all services rendered and reimbursable expanses incurred to
the date of termination.
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SECT:ON XI.
SUCCESSORS AND ASSIGNMENTS
OWNER and ENGINEER each are hereby bound and the partners,
successors, executors, administrators and legal representatives
of OWNER and ENGINEER are hereby bound to the other party to this
Agreement and to the partners, successors, executors,
administrators and legal representatives (and said assigns) of
such other party, in respect of all covenants, agreements and
obligations of this Agreement.
Neither OWNER nor ENGINEER shall aseign, sublet t transfer
any rights under or interest in (including, bu
limitation, moneys that may become due or moneys that are duel
this Agreement without the written consent of the other, except
to the mandated extent by law at any aaeffectntof subletting this limitation transfer may be
restricted by law. Onless specifically stated to the contrary in i
any written consent to an assignment, no assignment will release
or discharge contained in this paragraph shall prevent ENGINEER
{ from employing such independent associates and consultants as
ENGINEER may deem appropriate to assist in the performance of
services hereunder.
Nothing under this Agreement shall be construed to give any
rights or benefits in this Agreement to anyone other than OWNER
and ENGINEER, and all duties and responsibilities undertaken
pursuant to this Agreement will be for the sole and exclusive
benefit of OWNER and ENGINEER and not for the benefit of any
other party.
This Agreement and amendments thereto (consisting, of pages 1
to 8 inclusive) constitutes the entire Agreement btween OWNER
and ENGINEER and supersedes persedes all mprioronwritten oa oral
understandings.
supplemented, modified or cancelled by a duly executed wr tten
instrument.
SECTION Xii.
I ATTACHMENTS
The following AMChments are appended to and made a part of
this Agreements
Attachment At Schedule of Charges
Attachment Bi Scope of Work
PAGE S of 8
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This contract is executed in two counterparts.
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ATTESTt CITY OF DENTON, TEXAS (OWNER)
BY:
M ATTEST: C. H. GUERNSEY i COMPANY (ENGINEER)
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ATTACHMENT A
SCHEDULE OF CHARGES
For all services rendered by Engineer in connection with the
Schedule of Engineering Services, compensation shall be on a
cost-plus basis, i.e., compensation shall be a sum equal to the
applicable total labor cost of ENGINEER, plus 1001 therefor, plus
reimbursement of actual transportation, ceasonaDle sursistence
paid to employees incident to the project, and all expenses for
telephone, supplies, computer services and postage applicable and
necessarily incurred in carrying out the engineering responsibil-
ities required. The applicable total labor cost is defined as
the coat of salaries (including sick leave, vacation and holiday
pay applicable thereto) of personnel for time directly chargeable
to the project; plus employment and payroll taxes, plus contri-
butions for social security$ unemployment compensation insurance,
timc and benefits and medical insurance benefits.
Total labor cost is equal to 1.35 times payroll! this factor
is subject to annual adjustment. !
Any subconsultant charges shall be billed at actual cost
times a multiplier of 1.10.
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ATTACHMENT B
SCOPE OF WORK
ENGINEER shall develop an analysis and recommondationa for
presentation to OWNER'S Utilities Board and the City Council on
the feasibility and appropriateness of OWNER'S electric retail
rate schedules. The various tasks which shall be performed
include:
Task 1: The ENGINEER will develop a cost of service analysis for
the Denton Electric System: the test year used for the
cost of service analysis will be the PY 1989-1990.
~---1 Task 2: Consistent with the results obtained from Task 1 cost of
service study using PY 1989-1990 data, ENGINEER will
update recommendations previously made regarding:
o Standby and Partial Requirements Rate Schedules
I
o industrial/Economic Development Rate Schedules
o Time-of-Use Rate Schedules
o Thermal Storage Rate Schedules
Task 3: ENGINEER will apply results of FY 1989-1990 cost of j
f service along with other rate design criteria commonly
used in the utility industry to analyze the existing
electric rate schedules of Denton. ENGINEER shall make ,
recommendations on the appropriate changes in the
existing rate tariffs and development of any new rate +
tariffs which would be consistent with cost of service
and other ratemaking criteria,
o ENGINEER will develop an expanded block rate design i
(less than 50 $W) for small General Service Class and
based on this rate, redesign current General Service, 1
General Service Primary and Large Primary Rates.
o ENGINEER shall consider redesign of all rates based
`r on TMPA's reduction in fixed costs and make
recommendations accordingly. ,
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Excerpt from Public Utilities board Minutes
May 24, 1989
16. CONSIDER ENGINEERING CONTRACT WITH C. H. GUERNSEY, RATE
CONSULTANTS, TO EXAMINE AND REVIEW CITY OF DENTON'S ELECTRIC
RATES J
Dipa Dutia presented this information advising that a major 1
issue during the Electric Rate Study this year will be the
cogeneration rate; further very important items include the
development of a small general service rate for small commercial
customers which will involve a restructuring of existing
commercial customer rates. For this reason and because of the
very excellent input received from C.H. Guernsey during last
year's study, staff recommends the proposed contract at a
not-to-exceed price of $19$800
Chew made a motion to recommend to the City Council the subject
contract and price. Second by LaForte. All ayes, no nays,
motion carried.
Nelson also mentioned the water/wastewater contract with Texas
Water Company ($4,000). Dipa will be doing the majority of the
work on the water/wastewater study. Several new rate classes
are being Considered in order to bring Denton into line with 1
surrounding Dallas and Ft. Worth. These rate categories are:
I
a. Restaurants
b. Car wash/garages
F c. Grain/Fcod Processing
d. Industrial Pretreatment Customers as defined by EPA.
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2702L
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 15-7
(CONSUMPTION 'IF ALCOHOLIC BEVERAGES PROHIBITED IN PARKING AREAS)
OF CHAPTER 15 (PARKS AND RECREATION) OF THE CODE OF ORDINANCES BY
PROHIBITING THE CONSIHPTION OF ALCOHOLIC BEVERAGES IN CERTAIN PARKS
ENALTY
THE V OLATIONSOTHEREOF; AND PRO IDING FOR AN EF ECTIV EU DATEF $200 FOR
THE COIN CIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION E. That Section 15-7 of the Code of Ordinances of
the tC;ty -Benton, Texas is hereby amended to read as follows:
Sec. 15-7. Consumption of Alcoholic Beverages in Parks.
(a) A person commits an offense if he consumes an alcoholic
beverage while on the premises of:
(1 Avondale Park;
IIII (2 Bowling Green Park;
3 Briercliff Park;
4 Fred Moore Park;
f 5 Joe Skiles Park;
(6 Martin Luther King, Jr. Park;
7 McKenna Perk;
Milam Park;
(9 Nette Schultz Park;
f (10) Phoenix Park;
(11) Teasley Lane Park;
F (12) Evers Park;
(13 Denia Park;
(14) the vehicle parking areas of the parks listed in
subsections (1) through (13) hereof; and;
(15) the vehicle parking areas of
(a) North Lakes Recreation Center;
(b MLK Recreation Center;
(c) Denia Recreation Center;
d Civic Center Swimming Pool.
(b) For the purposes of this section, the term "alcoholic
beverage" is used as defined in the Texas Alcoholic Beverage Code.
SECTION It. That if any section, subsection, paragraph,
sentence; clause, phrase or word in this ordinance, or
application thereof to any person or circumstance is held invalid
by any court of competent jurisdiction, such holding shall not
Texas, ordinance,
affect the the remaining City portions
Denton, this
hereby
declares it would have enacted such remaining portions despite
any such invalidity.
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SECTION III. Any person who shall violate a provision of
this or nance, or fails to comply therewith or with any of the
requirements thereof, or of a permit or certificate issued
thereunder, shall be guilty of a mi.;demeanor punishable by a fine
not exceeding 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
such violations such person shall be punished within the limits
above.
SECTION IV. That this ordinance shall become effective
fourteen 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 ,
1989.
RAY STEPHENS, MAYOR
i ~ ATTEST:
JENNIFER WALTERS, CITY SEMM
APPROVED AS TO LEGAL FORM:
4 DEBRA ADAMI DRAYOVITCH
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1L54 DENTON CODt 16.9
using natural or artificial baits. All nets and seines are
prohibited.
11959 Code, Art, 12 W Ord. No. 77 50, 4 1. 9.20.77: Ord. No.
83-31. 14 11. V. VI, 3.15.831
!tots-See the editors note to 1 152.
Sec. 15.7. Consumption of alcoholic beverages prohibited
in parking areas.
Within the limits of any public park within the city, it shall be
unlawful for any person to consume any alcoholic beverage in a
parking lot or area when such parking lot or area is adjacent to a
recreation center or facility. "Recreation center" or "facility," as
used herein, shall mean a public building, structure or improved
area used for any type of recreational activity, and shall include,
but not be limited to, swimming pools, basketball courts and
tennis centers. (Ord, No. 78.73, 11. 12.5.78; Ord, No. 79.28, 4 1,
3.20.79; Ord. No. 83.31, 14 U, VU, 3.15.83)
Notsi the aditor'a now to 113-2.
Croes reference-Aleobolie beverages. Ch. 3K.
Sm. IS-IL City park closed during certain hours.
` The city parks shall be closed to the public between the )r ° v1
I{ of 10:00 p.m, and 8:00 a.m. on the following day, and it sh4,l oe
unlawful for any person to enter or be found in city parks be.
E tween such hours, except for events approved or scheduled by the
f parks and recreation department or city council, (1959 Code, Art.
12.08; Ord. No, 83.31, 4 IX, 3.15.83)
I Editor's vote-rormer 1 154, prohibiting disorde:lr conduct in parks and
l j playgrounds, and denved %m 1909 Code, Art. 17 07, rte deleted by Ord Yo,
j 83.31. 1 vin. enactad march 1s. 1983, SMion IX a(Cad. No. 93.11 renumbered
former 1 15.9 as 1 15.8 and amended said provisions to read as set out above
Sec. 15-9, Penalty.
The violation of any provision of tais chapter shall be deemed
an offense and be punishable by a fine not to exceed two hundred
dollars 3200.00) and each violation thereof shall be and is hereby
deemed to be a distinct and separate offense and punishable ae
such. lOrd..No. 7740, 1 1, 9.20.77; Ord, No. 83.31, 1 X. 3.15-831
j rMe Dort page u 8091
Supp. No. 40 694
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CITY of DENTON, TEXAS Civic Centerl 321 E. McKinney/ Denton, TX 76201
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M E M 0 R A N D 0 M
T0: f+etty McKean, Executive Director for Municipal Services {
and Economic Development
' FROM: Steve Brinkman, Director of Parke and Recreation
DATE: June 160 1989
SUBJECT: Proposed Alcohol Ordinance {
The Park Board has been polled about this ordinance, and of those contacted,
four favor the proposed alcohol ordinance. One board member, Catherine Bell,
` is out of town and was unavailable for comment.
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i The four members favoring no consumption of alcohol in specified parks are:
Carl Anderson, Chairman
Dalton Cregoryp Vice Chairman
Rita Pilkey, Member
I Roy Appleton III, Member
` Roy Appleton Iii would like us to make sure there is a grace period where the
police warn people who are not aware of the new ordinance. He also feels it
might be better doing either all parka or no parks and would like to see some
sort of controlled permission for groups having family reunions or company f
picnics.
C I
Steve Brinkman
Attachment
ADH00221
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~ 4 ~/t~clco~lal ~~ol~l ~1lea/al,~flrt~wtd ~'tnne2
Denton Parka and Recreation / Denton, Texas / (8 17) 500.9470
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CITYof DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(017) 586-8307
Office of the City Mana90r
M E M O R A N D U M
TO: Lloyd V. Harrell, City 11anager
FROM., Rick Svehla, Deputy City Manager
DATE: June 15, 1989
SUBJECT: Transportation Study Contract
Attached is a signed contract from JAS outlining the arametrs
of the study. The contract includes all of the tasks that ewe
reviewed with the Council. They include the model year
calculations, a thoroughfare plan, as well as all of the
validation process and the training.
The consultant will be involved In the information gathering
meetings as well as using our data plus data from COG. He will
also train our staff so that we can run other horizon years.
We will also be able to do analysis for alternate routes, etc.,
as questions and ideas come up.
We are excited about the plan. We think it will give us much
more information for recommendations and decisions. As
mentioned previously, we have done some background checking and
have received very good responses from the cities in which he
has worked. We think the price is a very good price, and we
would recommend that the contract be awarded.
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If we can answer any further questions or provide any further
information, we would be happy to do so.
Rick Svehla
Deputy City Manager
RS:bw
4585M
Attachments
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE(817) 586.8307
Office of the City Maneger 1
M E M O R A N D U M
TO: Lloyd V. Harrell, City Manager 1!
FROM: Rick Svehla, Deputy City Manager .1
DATE: May 18, 1989
SUBJECT: Transportation Study
For the last several months, we have been discussing
transportation studies and how we could look at ways to ;
implement a study this year or next with our existing budget I
constraints. Initially, we had several conversations with well
known transportation consultants from the Dallas area. Their
prices ranged from $60,000 to $90,000. The low end of these
prices have the city doing numerous tasks and providing much of
the leg work and information and attending meetings (Planning
and zoning, Citizens Traffic Safety, etc,). During these
discussions, as you can see from Jerry's attached memo, one of
the consultants suggested that we might want to talk to COQ
since some of the information we would be using would be coming
from COQ.
We did have some follow up discussions with COQ officials. In
particular, I spoke with Mike Morris, head of their
Transportation Department. He suggested that we also might
want to talk to one other firm, Scherbarth and Associates. Mr.
Morris was extremely complimentary about this firm and
indicated that they had just recently completed work in
Richardson and Arlington. He further indicated that each of
those studies was done in much more detail by using COQ data 1
and data from the cities. Then, with further refining, the
information and modeling that came out of these studies
included collectors , arterials and highways.
We contacted Mr. Scherbarth and discussed the scope of our
work. They in turn also submitted a proposal which has a price
tag of approximately $17,460. A small task force comprised of
Frank Robbins, Harry ?ereaud, Jerry Clark and myself then
reviewed the three proposal letters that were submitted.
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Lloyd V. Harrell
May 18, 1989
Page 2
We also did some background checking on the work done by
Scherbarth in Richardson and Arlington and received rave
reviews. Those two cities have the only accepted working
models in this area. After visiting with all three firms, we
think Scherbarth's firm is the best firm to use for several
reasons.
1. His study will be a little bit more in depth (i.e.,
we will be studying minor arterials and collector
1--, streets also).
2. Scherbarth and Associates will train our people on
i how to manipulate the models (i.e., we will be able
1 to do other horizon years and what if's scenarios
for smaller more specific areas of town such as
Oak/Hickory alternatives, etc.)
3. Scherbarth's firm will be working in conjunction
with us to re-distribute and to code our model with
all the existing land use versus just using C0O's
f broad brush approach on land use and employment
data. Incidentally, Planning sees this as a
positive for their uses in the future also.
4. Scherbarth has quoted us a firm price of $75,010 for
this study.
5. Scherbarth's firm has the only official working
models and we have received very good comments about
his work.
If we chose Scherbarth's, we would suggest doing a "bare bones"
study. The study would include a work definition section, the
base year (this existing year model development), a choice on a
horizon year of either 2000 or 2010, a thoroughfare plan and
training. There are also other things that could be included
in the study, however, because of funding constraints, we don't
think they are possible at this time. Such things as other
horizon years, transportation impact fee analysis, and peak
hour modeling are some other things that would be of value to
f us. We believe that if this bare bones study was undertaken,
{f at some later date we could retain Scherbarth and Associates to
help us do these things in the future. Also, since we will be
trained on using the model, it might be possible for us to do
more of the analysis and thus reduce the cost later on.
In this study, the Staff will still be doing major parts of the
work. We will work extensively with the consultant to review
the land use and the data that the consultant will use in
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Lloyd V. Harrell
may 18. 1989
Page 3
defining all the streets. We will be doing all of the counting
both 24-hour and manual counts. We will be involved in
soliciting and obtaining information from all the input groups
including citizens, P 6 Z. Traffic Safety, and Council.
Finally, we will be working with the consultant once we
complete the training that is included in this package.
COG would be providing us with the existing information that
they have on file. That would include the existing arterial
system as it is with their data including counts supplied by us
in the past, they would also include their estimation of land
uses, and in particular, employment data. These two pieces of
information are used to allocate trips to and from work on our
arterial system. So this basic information will be helpful to
the consultant.
Finally, the consultant would be taking input from the
citizen's group as well as all the additional counts we do, as
wall as the data from COG. He would then be using COGS
existing data to form a new set of data which would actually
create even more minute subsections of land use and employment
data to put into the street grid. The grid would also be
enhanced to include not only major arterials and highways but
also the minor arterials and the collector streets. He would
then encode all of this information into the modeling program
that we would get from COG and produce a model. This model
would then be checked with the sxisting counts to see if it
matches up. After the model has been "validated," we would
then take our own population projections and COG's and anyone
elses that we think are valid to use to project future
population and trips. This data woult then be integrated into
the model so that the future horizon years could be
calculated. The transportation plan modeling will show us
where our needs are, what facilities would reach unacceptable
levels of service, and where we need to spend our CIP money.
During this whole process the staff will be trained so that we
will be able to do these same kinds of operations to run the
model in the future.
Obviously, this study will allow us to possess a great deal
more sophistication in our analysis capabilities for traffic
impacts, Such things as large zoning changes and the effects
of traffic around them will be able to be analyzed in much more
detail. We will be able to look at the impacts of increases or
decreases in growth of our major institutions such as the two
universities. We will be able to look at alternatives to the
transportation system such as substitutes for oak and Hickory.
We will be able to use this modeling capability to help us
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Lloyd V. Harrell
may 18, 1989
Page 4
further our arguments and proposals to the Highway Department
for new funding, and it would give us a much more comprehensive
tool for future planning when studies such as the Development
Plan or other similar studies ace undertaken. Now our
capabilities are much more limited since we must do everything
by hand. Since the modeling techniques are very time consuming
and laborious, it's very difficult to do even sectional kinds f
of analysis when two or three alternatives are being examined.
This study and model would save us large amounts of time, and
we would have increased levels of accuracy and detail.
Our next problem was to look at ways to fund this kind of
study. Because the budget is very tight this year and the
prospects are no brighter for next year, we began to look at
other areas for funding. Just recently, we received our last
reimbursement from the Highway Department on the right-of-way
for Loop 288. This right-of-way money was originally sold as
bond funds in the late 170's or early 180's. We had 1250,000
to acquire the right-of-way for Loop 288. All of that was I
acquired in the early 180's, and we received some reimbursement
from the State. one thing that was not finished early on was
the relocation of the Delhi gas pipeline that runs along Loop
268 near the ovetpass of U.S. 380. You may recall that this
was one of the last things that was holding up the Loop 288
project. We finally negotiated with the Highway Department and
Delhi for the relocation of this utility, and toward the end of
last month received the final rebate on this utility.
As mentioned earlior, there was $250,000 allocated for this
right-of-way and utility relocation. There was some very fine
negotiating done by our right-of-way people for the
right-of-way and on the Delhi pipeline relocation. As you can
see from the attached memos, we have a true balance in that
account of $71,869, and we have no more right-of-way or utility
relocations to be done for Loop 288. We would suggest to you
and the Council that this money could very appropriately be
used tot the transportation study since It is a project that
will have overall benefit to the City. If we use this money
plus 15,000 from the Transportation Engineering budget, we
could fund the study.
If the Council would agree to this type of funding, we could
begin the transportation study much earlier. We have had
1 recent conversations with Scherbarth and Associates, and they
{ could start as early as the end of this month if we so desire.
Our suggestion would be that if the Council is agreeable that
j we would bring a contract to the Council at the first or second
meeting in June. Scherbarth and Associates could then begin to
gather data, The Council has talked about having a citizen's
committee participate in this study to provide input and
direction to the Staff and the consultant. These appointments
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Lloyd V. Harrell
May 18, 1989
Page 5
could be done in June or July so that by the time all the
pertinent data is gathered by Scherbarth, we would be ready to
begin the input meetings from the citizen's group.
In summary, we have reviewed several firms. The larger firms
were not quite as specific in their terms or in their scope of
work. Scherbarth and Associates are much more detailed in
their presentation, and we received very good comments from
people we have contacted. JAS 6 Associates has several models
up and running. The entities that have these models are able
to play what if games and do major kinds of analyses. After
visiting with these people further, we are convinced that
Scherbarth and Associates would be able to provide us with
training and expertise so that we could also perform these
operations in the future. There are other parts of the study
that we believe could be negotiated to be completed in later
years if the Council sees the need. We would receive some side
benefits such as complete review of land use within the City
and an expanded informational base on traffic counts and system
capacities. We have a way of funding this project by using
excess bond funds. Therefore, it will not have any impact on
any of the operating funds. Finally, we would be able to
receive and use valuable input from the citizens group which
would be involved in the project from start to finish.
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` If you or the Council has further questions or directions,
f please advise us at your convenience.
Rick Sve a
Deputy City Manager
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4548H
Attachments
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CITY of DENTON, TEXAS MUNICIPAL BUILOING / DEN TON, TEXAS 76101 TELEPHONE(817)566.8200
M E NI 0 R A N D U M i
DATE: November 3, 1988 ~J
TO: Rick Svehla, Deputy City Manager
FROM: Jerry Clark, City Engineer
SUBJECT: Transportation Study
Our development of this transportation study has many
complicated components as brought out in recent discussions
with consultants and staff members.
One of the main issues of the transportation study will be
1 cost. We have the submittals from both consultants with their
guess on what the entire project would entail. As you can see,
the high ends range between $80,000 - $90,000. Since money is
always a major concern, we investigated one further option.
This was recommended by DeShazo, Starek and Tang in a recent
conversation when they delivered their submittal. The
j recommendation was that the City of Denton try to utilize the
North Texas Council of Governments and Donald Walden's State
Department of Highway and Public Transportation planning office
to complete the T.A.P. Study of the transportation model for
us. They have a great deal of data already stored and have
their model basically calibrated. Our duties would be to
update all planning data which should be completed in late 1988
by Harry Persuad. We have been cooperating with Mr. Walden
yearly on our transportation project schedule and sending him
our thoroughfare maps, Therefore, the base portion of the
model should be already intact at North Texas Council of
Governments and the State Highway Department, in the
discussions held, Mr. Morris of the NTCOG stated studies for
individual cities were not possible as it would handicap their
j efforts to do regional planning and studies.
Several cities in the area have completed large models such as
j Dallas, Plano, Grapevine and others. Farmers Branch has a study
J in the preliminary stages that also includes impact fee
development. These models were expensive ranging from $S0,000
to several hundred thousand dollars. One of the problems with
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Transportation study
page 2
the big models do not tend to stay consiltant with the Sin
and Highway Department models which creates conflict. Since
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the City of Denton will receive several million dollars from
federal and state funds for future highways in the area, we are
dependent on making sure our models are accepted and familiar
to the personnel with the Highway Department and Council of
Governments. The model to be run for
the Highway Department would be for aretotal ion d out W and
hich
would be used to determine capacity constraint. The analysis
of that run would include three main choices. (1) Keep the same
land uses and the existing thoroughfares. The capacity
constraints would show where the problems would exist and the
severity. (2) Keep the same land uses and widen the roads and
right-of-way to support the development proposed in the Denton
Development Plan if total build out occurs (
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j present transportation system as it is and reduceto land uses
load. One fallacy owithhithe s third only
optcarry a ion is that traffic
keep the level service at C if outside sources effectcthese
roads. Usually if you choose the third option, the level of
service will continue to deteriorate until it is at the D, E,
or F range. These conditions are unsatisfactory to everyone
involved because the congestion is the same as a highly
urbanized area.
One of the major benefits with our timing on this project is
that the North Texas Council of Governments seems to be
interested in rebuilding its reputation with the State Highway
Department as an efficient and qualified agency. They have
expressed a desire to work with us on other projects incuding
` the transit issue. It seems with our recent involvement in
many of the committees down there, they are starting to
consider Denton an important component of the pp
Completion of this study would require that the NTC GeLandlthe
Highway Department be deeply involved in the number crunching
to insure their acceptance of the end result.
1 The City of Denton will be receiving the NTCOG model in our
Transplan package so we have the basis to begin the modeling
either In house or by the consultant. The proposals for this
work leave three routes that the City Council could follow, I
feel creditability should be a key word so that all citizens,
!taff, and Council members involved are satisfied with the
results of this major undertaking,
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CfTY of DENTON, TEXAS 215 E. WKINNEYI DENTON, TEXAS 762011 TELEPHONE (817) 566.8200
MEMORANDUM
DATE: April 24, 1989 r
TO: Jerry Clark, City Engineer
FROM: Roger N. Wilkinson, Right-of-Way Agent
SUBJECT: 432.020.0010-9001-SIF4 Account
Below is listed the activities to the above mentioned account
for this calendar year.
BEG BAL DEBITS CREDITS END BALANCE
Jan 1, 1989 0 0 0 0
Jan 9, 1989 0 6,SO0.00- 6,500.00-
Jan 18, 1989 6,500.00- 19,068.46- 25,569.46-
Feb 1, 1989 25,568.46- 25,568.46-
March 9, 1989 25,568.46- 380388.89- 63,957.35-
March 21, 1989" 630957.35- 170161.61 46,795.74-
April 21, 19898 460795.74- 1210665.43 74,869.69
f April 21, 1989RR 639957.35- 1219665.43 579708.08
~.J ABalance if reimbursement is credited to this account
aaBalance if reimbursement is not credited to this account.
The reimbursement from the State on March 21, 1989 in the amount of
$17,161.61 was credited to 6809 (aid-in-const) account. The invoice
requisition for this reimbursement illustrated account no. 9001 (copy
+ attached).
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Klmley-Horn and Assocla test Inc. t2660`0011 Road. SLUta 200, 00as. Texas 1525101214) 386.7002 ,
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October 26, 1988 l+
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Mr. Lloyd V. Harrell
City Manager
City of Denton
2 15 E. McKinney Street
Denton, Texas 16201
Re: City of Denton Thoroughfare and Bikeway/Pedestrian Planning Studley
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i Dear Mr. Harrsll:
We are very pleased the City of Denton has solicited technical and cost input from o in
formulating plans for a future thoruughfare planning project. It is encouraging pr ur firm
ofessionally to see
Denton continua its long-range Planning Process, systematically addressing the challenge of inevitable
urban growth.
As you are probably aware, Kimley-Horn and Associates. Inc. merged with PAWA-Winkelmann and
Associates, Inc. in November, 1987. The combined organizations possess extensive thoroughfare,
bicycle, and pedestrian planning experience and expertise, both locally and nadonaAy. Utilizing
previous local experience, we have taken the broad information provided by Jerry Clark and Harry
Persaud, and have attempted to define possible manpower requirements and costs necessary to
conduct the referenced study.
At lorry's request we have determined estimated fees for thoroughfare planning in accordance with
the three (3) following scenarios:
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1. City staff does all initial travel model(TRANPLAN) development; downloading of NCTCOG
data for 1986, 2000, 2010; creates and inputs land use data into zonal isles; collects required
traffic count data for model validation and UNT subarea study; and prepares CAA-based
geometric design standards from consultant drawings.
2. City would conduct all presentations and public meetings during planning process without
attendance by the consultant.
3. The consultant would be responsible for all study elements, including the elements specified
in I and 2 above. '
The estimated Its range for Scenario I is $72,000 to $78,000; the Scenario 2 fee male is 576,000 to
$82,000; and Scenario 3 is 586,000 to $92,000. We would emphasize the fact that the actual fee would
be tailored to the specific scope of services requested by the City. These fees were of course
fff h developed Dosed upon our understanding of the general scope of thoroughfare planning services
identified in discussions with your staff; these fall into five (S) major study elements outlined below,
i, Travel Model Development and Base Year Validation - This element involves the development
of the travel model data base modules and base year (1986) validation. Traffic volume counts
would be necessary for calibration purposes, Significant data input and processing effort will
bit required,
Building client relationships since 196?
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Mr. Lloyd V. Harrell
October 26, 1988
Page Two
2. Incremental Staging Assignments and Evaluation - This dement will provide for the
development of Year 2000 and Year 2010 travel assignments to evaluate thoroughfare staging
and cost requirements, intersection operations, and identify alternatives.
3. Ultimcte Travel Assignments and Evaluation - This element would permit an e..amination
of travel forecasts under maximum probable build-out of Denton to evaluate thoroughfare
right-of-way reservation requirements, thoroughfare and intersection performance, and long-
raage alternatives.
J. Thoroughfare Plan Assessment and Development - This element would involve an analysis
of thoroughfare requirements and corresponding planning policy implications. Priorities,
staging, cost and unique subarea needs such as UNT would be addressed. A preliminary
thoroughfare plan would be produced in conjunction with classification and design standards.
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5. Thoroughfare Plan Adoption Process - This element would provide for consultant technical
support and plan presentation during the adoption process. Various meetings and official
public hearings would be conducted during this process, as many as 22 meetings are
presumed, 12 of which would be public hearings.
A Special Bikeway and Pedestrian Plan would provide for a study and evaluation of bicycle and
pedestrian planning needs and would involve the development of specific recommendations toward
a formal plan. The recommendations would address target user groups, route locations, specific y
design standards, feasibility and opportunity for shared right-of-way and exclusive right-of-way.
Pertinent elements would be integrated into the thoroughfare plan and design standards. The
estimated fee range for this study is 515,000434,000, depending on study detail and the level of
public involvement.
We trust the foregoing information will aid the City in planning for these important future projects.
I would be most happy to go over this material with you in person and share my personal experience
in conducting similar projects for Denton County, Plano, Arlington, and many other local city and
county agencies. The thoroughfare planning process, as you know, involves many complex and
interrelated issues, particularly in light of recent legislation; bicycle/pedestrian planning is equally
challenging.
Thank you once again for your inquiry. Please all me if you have any questions or desire more
detailed information.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
,62, aC &i,,41~
1 Roy L. Wilshire, P.E.
Senior Vice President
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City of Denton
ThorwVhfue Plan AlternaUves
October 28, 1988
Scenario I scalwirlo 11 Scenario Ill
(low Budget) (Mixed Approach) (Turn-Key) Comments
k1e)or Wort; Elsiments
3 1. Develop Issues 1. Objectives DS&T DS&T OSAT
2. Assess the Denton Transportation System DS&T OUT 100 Tubs Counts
1. Date Collection, Inventory dr 1419 Population 417.000 OUT Soggg t!f!• Pop.
1. Prepare Year 2010 Growth Estimates 15
60
M00/DSkT 45000/OStrT • Cloy to participate
S. fine facility Deficlencie► o! Existing fr in growtis estimates
ommitted Roadways OUT DS&T and dote entry
6. F /SOFt T lvel FeMnd Model (Compatible
ii w/ Trans Plan Model
7. Identify Alternatives to Meet Deficiencies
1. Develop Thoroughfare Plan k Standards
9. Analyze ratmy staging & Funding Standards
10. Revkw Transit Options
11. Conduct Public Meetin s; Plants Co mission
4 City Council . SDKPf. COG, ~knton~Co., etc, 44,000 $4,000 0 4 Meetings
` 12. Prepare Final Documentation & Plan DS&T DS&T
f 12a. Report fr Plan Reproduction 41,So0 41,500 0 200 Cooks of Plan
- - - _ 0 25 Cooks of Report
Study Duration 12 Months 1 Months 7 Months - -
DeSharo, Starek k Tang, Inc. El'lmated Fee iS7,S00 474,500 465,000
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NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
JAS CONSULTANTS, INC. FOR PROFESSIONAL ENGINEERING SERVICES
REGARDING THE DEVELOPMENT AND APPLICATION OF A MICROCOMPUTER
BASED TRAVEL 77MAND FORECASTING SYSTEM; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is authorized to execute an
agreement between the City of Denton and JAS Consultants, Inc.
for professional engineering services regarding the development
and application of a microcomputer-based travel demand forecasting
system, under the terms and conditions contained in agreement, a I
copy of which is attached hereto and made a part hereof. 1
SECTION II. That the City Council hereby authorizes the
expenditure of funds not to exceed Seventy-Seven Thousand Four
Hundred Sixty Dollars ($77,460,00).
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SECTION III. That this ordinance shall become effective
immed ate y upon its passage and approval.
PASSED AND APPROVED this the day of June, 1989.
i
RAY STEPHENS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY:
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THE STATE OF TEXAS 5 AGREEMENT BETWEEN THE CITY OF J
I COUNTY OF DENTON g DENTON AND JAS CONSULTANTS, INC. 1
of THIS AGREEMENT made, entered into and executed this
, 1989, by and between the CITY OF DENTON, TEXASy +
hereina ter called the 'OWNER and JAS CONSULTANTS, INC „
hereinafter called the "ENGINEER acting herein, by and through
its representative, duly auttiorized so to act for and in behalf
of said ENGINEER, 'I
WITNESSETH, that in consideration of the covenants and
' agreements herein contained, the parties hereto do mutually agree
as follows:
SECTION I.
l EMPLOYMENT OF ENGINEER
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The OWNER agrees to employ the ENGINEER, and the ENGINEER
agrees to perform professional engineering services related to J
the development and application of a microcomputer-based travel
demand forecasting system for the City, and, for having rendered ii
such
such services, the OWNER agrees to
pay the ENGINEER compensation
stated herein.
h SECTION II.
PERIOD OF SERVICE
4 This AGREEMENT shall become effective upon execution by the
OWNER and the ENGINEER, and shall conform to the following
Project Schedule:
Engineer shall commence the Scope of Work set forth in
Exhibit A within seven calendar months of the receipt of
4 the written notice
during which Engineero shall complete itscserviceseisrset
h forth in Exhibit B.
I SECTION III.
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SERVICES
A. Basic Services.
o Consultant will provide the requested services as
defined in Exhibit A,
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B. Additional Services.
o Consultant will meet with City and/or NCTCOG staff
whenever necessary in order to obtain information or to
discuss progress. If more than eight meetings and/or
presentations are required for the City Council, City
Planning and Zoning Commission, neighborhood, business,
and/or other groups, these will be attended upon
Owner's request and approval, but will be considered as
additional work activities beyond the Scope of Work,
and additional charges will be made.
o As requested and authorized, Consultant will perform
any additional analyses or special studies which may be
identified during the course of this project. Before
beginning such services, the parties will mutually
agree on the scope and estimated cost for the
` additional services. Potential tasks that would fall
f in this category include any alternative analyses over
and above those previously identified; the cost
estimation and/or feasibility analysis of the proposed
improvements; the review of pending zoning cases or
i site plans affecting this study; the printing of any
reports; or the payment of any other direct expenses
for NCTCOG labor and/or computer expenses, or for
traffic counting.
SECTION IV.
RESPONSIBILITIES OF OWNER
OWNER agrees to assist the ENGINEER by providing the
following for each assignment:
A. Designate in writing a person to act as OWNER's represen-
tative with respect to the services to be rendered under
this Agreement. Such person shall have contract authority
to transmit instructions, receive information, and inter-
pret and define OWNER's policies and decisions with
respect to ENGINEER's services.
t j B. Assist ENGINEER by placing at ENGINEER's disposal all
! available pertinent information including previous reports
and any other data relative to the assignment of project,
including:
1. Existing traffic counts and limited new traffic counts
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2. Thoroughfare and collector street maps, zoning maps,
land use maps and working maps;
3. Access to City's copy of Transplan and Tracs;
4. Signalization data and closed loop system data; and
5. Population data, including population and land use
forecasts for the City for 2010.
SECTION V.
COMPENSATION
The OWNER agrees to pay the ENGINEER for all professional
services rendered under this Agreement in accordance with the
following:
Exhexceed ibit C$77,46O,
in to
A. The based ENGINEER N the Schedule be ofa Charges shown not
B. The ENGINEER may submit requests for payment based upon
the amount of work completed. Invoices will not be
{ submitted more frequently than monthly.
SECTION VI.
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NOTICES
All notices, communications and reports required or permitted
depositing personally sameliinrethe rU U.S. mailed
mail,
the under this contract
parties al by be
certified, return receipt requested, stotherwaddresses
notified own
below, unless and until either party i
writing by the other party at the otices shall be deemed delivered as of following odate of addresses. sreceipt,
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If intended for City, to: If intended for ENGINEER, to:
City of Denton JAS Consultants
Lloyd V. Harrell, City Manager Attu: J. Scherbarth
215 E. McKinney 6360 LBJ Freeway, Suite 114
Denton, TX 76201 Dallas, Texas 75240
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SECTION VII. J
OWNERSHIP OF DOCUMENTS 1
All documents prepared or furnished by ENGINEER (and
ENGINEER'S independent associates and consultants) pursuant to
this Agreement are instruments of service and ENGINEER shall
retain an ownership and property interest herein. OWNER may make
and retain copies for information and reference; however, such
documents are not intended or represented to be suitable for
reuse by OWNER or others. ENGINEER understands and acknowledges '
that OWNER is subject to Texas Open Records Act and must lawfully
provide all applicable records in its possession to the public
upon proper request.
SECTION VIII,
INDEMNITY AGREEMENT
ENGINEER shall indemnify and save harmless the OWNER and its
officers, agents, and employees from the liability of the OWNER
on account of any injuries or damages received or sustained by
any person or persons or property, including court costs and
reasonable attorneys' fees incurred by the OWNER, proximately
j caused by the negligent acts or omissions of the ENGINEER or its
officers, agents, or employees in the execution, operation, or
performance of this Agreement.
j SECTION IX.
ENGINEERING STANDARDS
ENGINEER shall perform the services provided for in this
Agreement consistent with the highest standards and coda of
ethics of the engineering profession.
SECTION X.
TERMINATION OF CONTRACT
The obligation to provide services under this Agreement may
be terminated by either party upon thirty (30) days' written
notice in the event of substantial failure by the other party to
perform in accordance with the terms thereof through no fault of
the terminating party. The OWNER may terminate this Agreement
upon forty-five (45) days' written notice to the ENGINEER for any
reason. In the event of any termination, ENGINEER will be paid
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for all services rendered and reimbursable expenses incurred to
the date of termination. J
SECTION XI. 1I
SUCCESSORS AND ASSIGNMENTS
OWNER and ENGINEER each are hereby bound and the partners,
successors, executors, administrators and legal representatives ii
of OWNER and ENGINEER are hereby bound to the other party to this I
Agreement and to the partners, successors,
administrators and e9res t representaltlivecsove(anandntssaidraesesimegntss) s) and
such other party, in Pa
obligations of this Agreement.
Neither OWNER nor ENGINEER shall assign, sublet or transfer
any rights under or interest in (including, but without limita-
tion, moneys that may become due or moneys that are due) this j
Agreement without the written consent of the other, except to the 1
extent that any assignment, subletting or transfer is mandated by
law or the effect of this limitation may be restricted by law. 1
Unless specifically stated to the contrary in any written consent
to an assignment, no assignment will release or discharge
contained in this paragraph shall prevent ENGINEER from employing
such independent associates and consultants as ENGINEER may deem
i appropriate to assist in the performance of services hereunder.
Nothing under this Agreement shall be construed to give any
and in hdutieseeandt reto anone other than sponsibilities undertaken
and ENGINEER, benefits
pursuant to this Agreement will be for the sole and exclusive
benefit of OWNER and ENGINEER and not for the benefit of any
other party.
This Agreement and amendments thereto (consisting of pages 1
to 8 inclusive) constitutes the entire Agreement between OWNER
and ENGINEER and supersedes all prior written or oranted-
standings. This Agreement may only be amended, supplemented,
modified or cancelled by a duly executed written instrument.
SECTION XII.
j ATTACHMENTS
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The following Attachments are appended to and made a part of
this Agreement:
Exhibit A: Scope of work
Exhibit B: Schedule of Work
Exhibit C: Schedule of Costs
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This contract is executed in two counterparts.
CITY OF DENTON, TEXAS (OWNER)
ATTEST:
r~ BY:
JENNIFER WALT6'RSo CITY SECRETARY RAY STEPHENSo MAYOR
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ATTEST: JAS CONSULTANTS i INC. (ENGINEER)
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BY: J' k Y A. SCHERBAR Hl AICPfP.E.
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EXHIBIT A
SCOPE OF SERVICES
TASK I. WORK PROGRAM DEFINITION.
Consultant will meet with City staff to identify data i
needs and sources and to formulate the basic assump- ;
tions for variables in the transportation planning I
process. These variables will include the base and
horizon years for the travel demand modeling effort,
thoroughfare capacities, design levels of service, and
the regional transportation network assumptions.
- Consultant will meet with the City and the North '
Central Texas Council of Governments (NCTCOG) staff to
identify NCTCOG data resources needed for the project j
and to determine a procedure for requesting
information from the NCTCOG and prepare a technical
memorandum documenting the decisions of this task.
TASK II. BASE YEAR MODEL DEVELOPMENT.
Using appropriate data from the NCTCOG, Consultant
will implement the TRANPLAN microcomputer-)used travel
demand forecasting system for the City of Denton.
This model will have the capability of evaluating
alternative land use scenarios and transportation
E networks, and consequently provide the mechanism for
determining which transportation improvements should
be included in the Thoroughfare Plan and the capital
Improvements Program.
After installing the software and developing all
appropriate command file programs, Consultant will
obtain base year demographic data and regional model
parameters such as trip generation rates, trip
distribution characteristics, auto occupancy rates,
and transit mode share from the NCTCOG. Consultant
will 'focus' the regional model network and zone
system to conform to the limits of TRANPLAN and
thereby provide sufficient detail for owner and the
surrounding area of influence.
With the Owner's input and review, Consultant will
refine the local traffic survey zone structure and
format the demographic data for input to the model.
The base year model network will be updated, as
required, to accurately reflect the location and
attributes of the existing thoroughfare and freeway
system, as well as all zone loadings.
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Upon receipt of all essential data, Consultant will
calibrate the model parameters to approximate base
year traffic volumes. TRANPLAN model outputs relative
to trip generation, trip distribution, and traffic
assignment will also be compared with those of the
NCTCOG Main Frame system to ensure consistency in the
process. Prior to each subsequent traffic assignment,
model parameters and network attributes will be
adjusted, as required, until the model generated I
volumes sufficiently replicate base year traffic
volumes on both a screenline and an individual
facility basis. After successful validation,
Consultant will prepare and present to owner a
- technical memorandum documenting the results of this
process,
TASK III, 2010 MODEL DEVELOPMENT.
Consultant will obtain horizon year demographics, the
regional freeway and arterial network, and appropriate
regional model parameters from the NCTCOG. In
conjunction with the City staff, Consultant will
identify the specific transportation system to b
initially assumed e
for the horizon year and also code
j this for input to the model. All link attributes and
z
both one loadings will be updated and refined to reflect
base horizon year conditions and the results of the
year model validation process. Consultant will
E also assist the City in subdividing the local
demographic data according to the revised zone
structure.
Upon receipt of all the data enumerated in Section IV
of the agreement, Consultant will prepare the
appropriate command file programs for the horizon
year. TRANPLAN model outputs relative to trip
generation and trip distribution will be compared with
those of the NCTCOG Main Frame system. After the
initial horizon year traffic assignment, TRANPLAN
projections will be evaluated for consistency with
those of both the NCTCOG and the State Department of
Highways and Public Transportation. Horizon year
model parameters and link attributes will then be
' refined as required. Following successful completion
3 of this task, Consultant will prepare a technical
memorandum documenting the results of this process,
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TASK IV. THOROUGHFARE PLAN UPDATE.
Using the model, Consultant will update the existing
City of Denton Thoroughfare Plan. Up to six traffic
assignments will be performed to evaluate alternative
transportation networks against the horizon year land
use plan. After each run, link capacity analyses will
be performed and network modifications made until a
balanced land use and transportation system is
achieved. From the results of this effort, Consultant
will prepare a map displaying the location, length,
and lane requirements for the transportation system
needed for the horizon year.
TASK V. TRAINING.
In order to facilitate the update of the City's CIP
and Thoroughfare Plan in coming year, Consultant will
provide city staff with training in the use of the
model system developed in previous tasks, first
meeting with Owner to determine Owner's training
needs. It is anticipated that two sessions will be
required and that these will include instruction in
i the use of the models, as well as on the
interrelationship and Interpretation of all the
variables input to the process. Following this
j training, Consultant will be available to answer any
i additional questions over the telephone for the
duration of this contract. This task will also
P include the installation of all TRANPLAN programs,
! command files, and databases on the city's
microcomputer.
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TASK VI. As part of this project, Consultant will meet with the
City Council, Planning and Zoning Commission and/or
citizens task forces to obtain information, to discuss
progress, or to present the results of the studies.
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PROPOSED SCHEDULE
TASK June July Aug. Sept. Oct. NOV. Dec. Jan.
20 20
I Work Program Definition
II Base Year Model Development
111 2010 Model Development
H '
IV Thoroughfare Plan I
V Training y j
oe 7
` V1 Meetings
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EXHIBIT "C"
MAN-HOUR ESTIMATE
PRINCIPAL PROFESSIONAL CLERICAL f
TASK I 20 5 5
TASK II 255 230 25
TASK III 140 325 15
TASK IV 150 135 15
TASK V 45 30 10
TASK VI 30 0 0
TOTAL 640 525
r To-
PROJECT COST ESTIMATE
LABOR
Classification Hourly Rate Man-Hours Total
Principal $75.00
Professional 40,00 540 $48,000
Clerical 25.00 525 21,000
70 1,750
$70,750
N
DIREC- EXPENSES
Computer Time (380 hours @ $15/hour) $ 5,700
Word Processing (70 hours @ $5/hour) 350
Mileage (2,160 miles @ $0.25/mile) 540
communication/Postage/Courier 60
Reproduction 60
Subtotal $ 6,710
ESTIMATED TOTAL PROJECT COST $77,460
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COST ESTIMATE BY TASK
TASK LABOR EXPENSES TOTAL
Work Program Definition $ 1,825 $ 70 $ 11895
Base Year Model Development 28,950 20915 31,865
2010 Model Development 150875 10590 170465
Thoroughfare Plan 170025 1,515 18,540
Training 4,825 420 5,245
Meetings 2,250 200 2,450
` Total $70,750 $6,710 $77,460
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June 20, 1989 Ly`~ L
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd Harrell, City Manager
SUBJ: CONSIDER ORDINANCE ADOPTING SCHEDULE T-R, SCHEDULE TGS, SCHEDULE
TGP AND SCHEDULE TLP.
RECOMMENDATION
The Public Utilities Board, at their meeting of May 24, 1989,
recommended to the City Council approval of subject rate schedules,
BACKGROUND/SUi WY
In December 1988, the electric rate consultant, C.H. Guernsey
E E Company, completed a review of four selected electric rates (Exhibit
j I1):
1. Industrial Economic Development Rate
2. Standby d Supplementary Service Rate
3. Four Time-of-Use Rates
a. Residential
b. General Service
c. General Service Primary
d. Large Primary
4. Thermal Storage Rates.
The PUB reviewed these rates and, on May 24, 1989, recommended
approval of the four Time-of-Use Rates and the Industrial Economic
Development Rate. This memo, recommendation and the attached
ordinance for Council consideration relates to approval of the four
Time-of-Use Rates. The Industrial Economic Development rate will be
forwarded for consideration at a later date. The PUB is still
deliberating on the Thermal Storage and Standby and Supplemental
Service Rates.
As a result of the rate consultant's study, it was determined that
the demand cost is approximately $15.70/KW for the sunnier peak
period. This includes an incremental cost of $11.75 for Denton's
share of TMPA fixed costs and the remaining being Denton's own cost
of generation, transmission, substations and distribution system.
This study also indicated that the variable cost of energy, excluding
fuel, is in the range of .350 to .40/KWH, Denton's present rates
include over 60% of the fixed costs in the energy charge, and the
remainder are included in the demand charge. This results in
commercial rates with an energy charge of 3.50/KWH and a demand
charge of $5.75/KW.
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City Ccuncll
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In an effort to provide the Electric Department customers with an
incentive to lower their electric bill, the Time-of-Use (fates give
those who can avoid using electricity on Denton's peak use times a
substantial reduction in rates. However, if the customer uses
electricity during those peak hours, there is a substantial demand
charge imposed and the savings may be lost or perhaps an even higher
cost may result. The peak hours are defined as between 1 PM and 8 PM
on work days, during June, July, August and September.
The time-of-Use rates would be strictly voluntary, but once service
is initiated under this rate, the customer must stay on the rate for
12 months.
This rate could provide a substantial savings to businesses and I
residences that can shift their work schedules or, at least, their
electrical energy use requirements to hours before l PM and after 8
PM.
The rate for General Service customers would be:
j $6.70/KW per month for the demand charge
.4e/KWH for the energy charge
PLUS the energy cost adjustment (ECA 1.90/KWH)
j PLUS a $25 monthly facility charge
PLUS $9,00/KW additional for any KW the customer uses during the peak.
The present rate is essentially:
$5.75/KW per month for the demand charge
3.50/KWH for the energy charge
PLUS the energy cost adjustment (ECA 1.90/KWH)
PLUS a $15 monthly facility charge.
For residential customers, the rate would be:
2.30/KWH for off peak KWHs,
PLUS the energy cost adjustment (ECA-1.90/KWH)
PLUS a $15 monthly facility charge
PLUS 260/KWH for on-peak KWHs.
The present summer rate is essentially:
5.650/KWH for the 1st 3000 KWHs and
6.150/KWH for all KWHs over 3000
j PLUS the energy cost adjustment (ECA 1.90/KWH)
PLUS a $6,50 monthly facility charge.
An example of how this rate could work is where a business can shift
its heavy electrical demand, for example 100 KW demand, to the hours
before 1 PM, but they still may need to keep an office open until 5
PM using 10 KW demand and still essentially have the same 18,250 KWH
energy usage. (This usage represents a 26% utilization of their peak
demand, i.e., 100 KW peak demand x 730 hrs/mo. x 25%•18,250 KWH)
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Present Rate Time-of-Use Rate
Facility Charge 0 $10.00 $ 10.00 @$25.00 $ 25.00
Demand Chg 100 KW @ 5.75/KW 575.00 @ 6.70/KW 670.00
Peak Dmd Chg 10 KW @ 9.00/KW 90.00
Energy Charge @ 3.50/KWH 638.75 @ .40/KWH 73.00
18,250 KWH
ECA 180250 KWH @ 1.90/KWH 346.75 @ 1.90/KWH 346.75
TOTAL $1,570.50 $1,204.75
per KWH 8.60/KWH 6.60/KWH
An example of a residential customer who limits usage during the peak
hours to running one 1/2 HP fan, rather than an air conditioner, and
limiting TV, cooking, etc., might be:
s
j Present Rate Time-of-Use Rate
Facility Charge 0 S 6.60 $ 6.50 @S 15.00 $ 15.00
Off Peak Energy @ 5.650/KWH 84.75 0 2.34/KWH 34.50
Chg 1500 KWH
OnPeak 15 Energy @ 5.654/KWH 8.46 @ .260/KWH 39.00
C9
j ECA 1650 KWH 0 1.90/KWH 31.35 @ 1.90/KWH 31.35
TOTAL $131.08 $119.85
per KWH 7.90/KWH 7.30/KWH
PROGRAMS, CCPARTMENTS OR GROUPS AFFECTED
Utilities Staff, Public Utilities Board, Citizens, Legal Department,
{
Data Processing, Customer Service Department, and City Council.
4 R ectfulVsbDb itted,
oy arre , t
anager {
Prepare pp=veby,
R. E. Nelson, Executive rector
Department of Utilities
Exhibit I Electric Rate Study- Executive Summary Pius Development of
Unit Cost Components
11 Electric Rate Study-C.H. Guernsey Exhibits 5, 7, 8 (4 pgs),
9, 10, 11,
III PUB Minutes of May 249 1969
IV Ordinance
6421U:13-15
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Excerpt from Public Utilities Board Minutes
May 24, 1989
15. CONSIDER THE RECOMMENDATIONS OF THE 1988 ELECTRIC RATE STUDY BY
C. H. GUERNSEY REGARDING THERMAL. STORAGE RATE, TIME-OF-USE RATE
AND HIGH LOAD FACTOR RATE
Nelson distributed information to the board giving survey of
different users and the potential affect of these i.roposed
rates. Thompson requested that Staff r.-rite a news release
outlining the benefits of these rates to the general public.
^ The Board further requested that they be invited to be present
with the City Council when these rates are reviewed with them.
Harrell indicated agreement with this request. Further, the
Board requested that members of the Chamber and Economic
Development group, also be available at that City Council
meeting. `
After brief discussion, Chew made a motion to recommend to the
City Council approval of the Time of Use Rate and the High Load 1
Factor Rate, and to table the Thermal Storage Rate until a later
l date. Second by Thompson. All ayes, no nays, motion carried.
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DENTGN' ~ VNICIPAL UTILITIES
DENTON, TEXAS
COST OF SERVICE
AND
ELECTRIC RATE ANALYSIS
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December 1988
j
C. H. GUERNSEY 6 COMPANY
Consulting Engineers and Architects
+ 1 Oklahoma City, Oklahoma
II
EXHIE31T =
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TABLE OF COOTENTS
Executive Summary 1
Introduction 2
Cost of Service Analysis S
Industrial Economic Development Rate b
Scandby and Supplementary Service Rate 8
Time-of-Use Rates 10
Thermal Storage Rate...... 11
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Miscellaneous Recowmendations 15
TABLES
APPENDIX A Cost of Service for Fiscal Year 1988.89
APPENDIX E Rate Comparisons
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LIST OF ERHISITS
Exhibit
1 Development of Unit Cost Components
2 Schedule IDR • Industrial/Economic Development Rider
3 potential Savings Under Schedule IDR
4 Comparison of Large Industrial Rates
S Development of Peak Demand Rate
M
6 Schedule SS • Standby, Supplementary and Maintenance Service
1 Monthly System Peak • MW
8 June Peak Day • MW
9 Additional Time-of-Use Metering Cost
10 Development of Residential Time-of-Use Rate
it Development of Demand Time•of•Uss Rates
12 Schedule T•R Residential • Time•of•Uss
U Schedule TO$ General Service • Time•of•Uss
14 Schedule TOP General Service Primary Time•of•Uss
j' 15 Schedule TLP Large Primary Time-of-Use
16 Thersal Storage Rate Options
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' DENTON MUNICIPAL UTILITIES
COST OF SERVICE AND
ELECTRIC RATE ANALYSIS
EXECUTIVE SUMHARY
The purpose behind this study is to develop an updated cost of service
study using projected fiscal year 1988.89 data. The results of the cost of
service study are to be used in the analysis and design of rate tariffs
responsive to the desires of Denton ratepayers and responsive to the
present-day utility market. J
The study has developed numerous rate tariffs, including: ,a
o Industrial/Economtc Development Retail Rate to attract high load
factor electric load to the Denton area; such a rate will have a
desirable impact of spreading the fixed expenses of Denton over
higher billing units, thereby reducing the future rate impact on
t Denton ratepayers; and creation of jobs, which will have a favorable
impact on the areawids economy, {
f
o Standby and Partial Requirements Rate which can be supported by cost ~
of service principles,
o Time•of•Uss rates responsive to the cost of service considerations J
which will provide adequate and timely incentives to the ratepayers.
o Thermal Storage Rate responsive to the load management and load
conservation goals of Denton.
It is believed that adoption of the recommended rate tariffs is
I responsive to cost of service and sound ratamaking considerations and to
{ consistent with Denton's posture on load management, load conservation and
promotion of wise use of energy.
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INTRODUCTION
Denton Municipal Utilities (Denton) conducted a comprehensive c)st of
service and rate analysis study for the electric utilities in 1986. Denton
has commissioned the performance of this coat of service and rate analysis
study as a part of a 'continuing effort to develop cost of service
methodologies and models which can be effectively used by the utility staff
to design cost based, market•orlonted retail electric rata schedules,
responsive to the desires and needs e~f its ratepayers,
The mayor tasks to be performed in this study include;
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a A Dose of service analysis should be prepared using projected fiscal
' year 1988.89 data. The cost of service is to be developed using a
' personal computat•based cost of service software package; the software
packs&% will be available for future use by the Denton staff, A part
of the task is to provide hands-on training to the Denton utility staff
so that they have a thorough understanding of the cost of service
software and are conversant with the running of the program. The
results from the cost of service study should provide valuable input in
the design of a variety of special applications rates responsive to the
needs of the Denton customers,
o Recommendations need to be developed on in industrial/economic develop.
j ment retail electric rate tariff, The purpose behind such a rate
j tariff would be to encourage wise and prudent electric load growth in
the Denton area, which would have a favorable economic impact on the
Denton economy. Such a rate tariff should be supported by legitimate
cost of service and marketing considerations.
o It would be desirable to develop a come-based rate tariff applicable
for customers desiring standby and partial requirements service. At
:ne present time, such rate tariffs ate not available from Denton, i
o cost based time•of•usa rates need to be developed that could be applied
to residential, smell commercial and large industrial types of usage. 1
Such rate tariffs should provide appropriate price rignals and should
provide incentives for Denton customers to effectively and efficiently
manage their loads, thereby resulting in efficiency improvement for
Dentou,
o A thermal storage program responsive to load mans3ement and load
conservation goals of Denton needs to be developed.
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COST OF SERVICE ANALYSIS
A east of service analysis was performed using data for the projected
fiscal year ending September 1999. All the basic data ■nd projections used J
in the study were provided by the Denton staff. Throughout the development l
of the study, Denton staff was involved in all aspects of the study,
including data gathering, data input, data analysis, and summarizing the
conclusions. A detailed run of the cost of service Is included as Appendix
A.
Exhibit i summarizes the cost of service into the various unit
components. This kind of analysis would assist in the development of rates
~--1 which are responsive to the cost of service. For example, it is shown that
the customer component for the residential rate should be $7,26 per month. '
When one contrasts this information with the existing level of customer
charge of $5.50 or $6.50, one can support the level of the existing customer
charge, Also included in the unit components summary is the demand
component of the cost of service, This component is separated into two
parts. The first part consists of the allocation of fixed expenses or
demand•relatad expenses that Denton pays to Texas Municipal Power Authority
(TMPA). The second portion includes the system-related demand component of
the costs, This would include investments made by Denton In demand related ;
facilities and their associated expenses such as Denton generation plants
transmission and subtransmission lines substations, and major distribution
feeders. Tho energy costs would consist of the energy portion of TMPA
purchases along with the fuel cost for Denton's own generation. As can be
seen from the cost of service, the energy costs for the customer classes
remains fairly constant, with the major difference being associated with the
system energy losses. For example, customers receiving service .It primary
{ service and higher voltages are likely to incur lover losses so their energy I
cost is likely to be lover than customers receiving service at secondary
level,
The results from the cost of service study, particularly from the unit j
coat components summarized on Exhibit 1, will be used in the development of
rate schedule recommendations.
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INDUSTRIAL ECONOMIC DEVELOPMENT RATE
It is deemed desirable for Denton to develop one form of stimulus to
the Denton area economy by offering discounted firm electric service rates
for new firm loads. such rates can be offered for a specific period of time
during which It is expected that ample and adequate electric capacity is JI
available from Denton. It should be noted that development of such a rate
is not likely to result in a revenue shortfall for Daiten, Such a rate will
not change the level of rates for the existing customers, but rather the
total revenues to Denton are likely to be increased by attraction of
additional loads. This will reduce the overall future revenue requirement
from the existing customers.
Generally, such a rate can be offered to all new load that meets
certain threshold level, or it can be targeted for specific businesses and ,a
industries that are deemed to be compatible with the community goals.
Certain types of industries can be targeted which are likely to have a more
pronounced effect on the local areawids economy due to potential for fob
creation; such Industries are also likely to result in a boost for the
service industries. Attraction of such type of business and industry is
therefore likely to have secondary and tertiary level economic activity
increase which is likely to impact favorably on the electric revenues as +
well as the area economy. To encourage load factor improvement, it may be
desirable to establish a minimum threshold level of load factor to qualify j
for this rate.
A key determination would be to offer such a rate to new loads/ j
j customers or existing customers who are adding to their existing load level,
! Since the purpose behind such a rate is not to reduce the level of existing
revenues for the utility, but rather to attract new loads, It follows that
existing loads should not be offered a lower or discount rate because this
will have a detrimental impact on the system. A new customer, therefore,
must represent new additional load and not simply a change of ownership or
change of location; a new customer should be one who must not be served by
Denton utility in the last 12 months.
This type of rate is generally offered for a limited time. This is
usually based upon likely changes in the system capacity requirements which
will make the indefinite inclusion of a discount inappropriate. Whereas
Denton currently has access to adequate generation capacity which is already
built, and also has excess transmission capacity, the level of load growth
will likely reduce the magnitude of available capacity. Usually, these
types of rates are phased out over a five-year period, It is important to
provide a clear signal to the participant under such rates about the
temporary nature of such a rate. After the five-year period, the customer
will start paying the same rate as paid by the rest of the customers.
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The level of discount for such a service can be based upon cost of
service considerations, value of service considerations, and competLtive
considerations. A common practice seems co be to offer approximately a 101
to 201 discount in the total bill to the customer during the first year and
gradually reduce the discount. Generally, the discount is offered on the
demand portion of the bill. It Is felt that such dis--otne me,, provide
adequate incentives to encourage development or redevelopment of the service
area economy by attracting new loads and encourage existing customers to
carry out expansion.
Attraction of new load could result in increase in the TMPA fixed cost
undor the TMPA cost-sharing formula. In the short term, the cost that will
be avoided would be the system related demand costs in the transmission and
distribution facilities. For example, the cost of service shows that, for
_ Rate Schedule LP, the system related cost amounts to approximately $4,77 per r
i~ kW per month. A portion of this cost will be avoided by the attraction of
new industry. The type of discount that can be offered to the customer
would be related to the saving in the system investment costs, The
incremental cost of system investment component would be less than the fully
embedded investment cost of $4,77; actual savings would be predicated upon
the site of the load, the location of the load in relationship to Denton's
existing transmission and substation facilities, ate. It is, therefore,
difficult to precisely identify the amount of discount that can be offered
to the new load.
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The availability of this type of rate should, to a certain extent,
depend upon the additional administrative burden placed on the utility.
Some utilities have offered this rate with a minimum load requirement as low
as 20.50 kW, whereas others have restricted this to a minimum load of at
least 200.500 W. The existing Denton LP rate schedule requires a minimum
demand of 750 kW; Denton Rate Schedule GP also requires a minimum demand of
750 kW, whereas Rate Schedule GS does not have a minimum demand provision.
It is recommended that an industrial development rate (IDR) be applicable to
Rate Schedules I.P. GP, 4nd GS. For ease of administration, it is
recommended that this rate be applicable for new loads or growth in existing
loads which are at least 200 W.
It to recommended that Denton adopt an industrial development rate
shown on Exhibit 2,
o Such a rate will cover the incremental cost, The discount on the rate
is predicated on savings associated with the system investment demand
component. The revenues collected under such a now tariff would help
pay for some of the fixed costs which are being paid by the existing
ratepayers. Thus, the proposed rate will reduce the possibility of
existing ratepayers subsidizing such a rate; moreover, it will generate
revenues that will allow sharing of fixed expenses over a larger number
of units, thereby resulting in benefits to the ec.Lare Denton syp sm,
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o In the projected five-year period for the Incorporation of such a rate,
Denton has access to excess generation capacity and system crsnsmisston
and substatio-t capacity. Therefore, it is likely char„ unless the
magnitude of the new load is extraordinarily large, the load can be
served from existing resources available to Denton,
o If one accepts the theory that without :he adoption of such an
incentive rate Denton will not be able to attract new load, and as lot,g
as the new load is covering Its incremental or marginal cost, and has
exeess margin, inclusion of such a load will result in positive
benefits for the remaining customers.
Exhibit 2 shows that the suggested discount on the billing demand is /
701 for the first year, 551 for the second year. 401 for the third year, 251
for the fourth year, and 101 for the fifth yr,ar. Exhibit 3 summarizes the
potential savit,gs available to participants under Schedule IDR. This
analysis is shown for customers receiving service under Rate Tariff LP. For
example, it is shown that, a typical customer using S01 load factor will
save approximately 161 during the first year, 131 during the second year, 91
during the third year, 61 during the fourth year, and 21 during the fifth
year, The percentage savings are lower at higher the load factor. This
happens because all the projected savings are in the demand componenc; lower
load factor customers have higher demand-related dollars In their total
billing, hence, they will get a higher percentage discount as opposed to a
higher load factcr customer. However, the average rate paid by the Iowar
load factor customers is still going to be higher than that paid by the high
load factor customers, so there is adequate incentive for customers co
improve their load factor.
It should be pointed out that there is a significant amount of tilt in
the present Denton rates; that to, a significant amount of dsmand•ralated
dollars is being collected through the energy charge. This is the reason
for recommending the type of reduction to the billing demand. If the rates
were based on cost of service and were adequately recovering the
demand-related dollars through the demand component, the recommended
reduction to billing demand would have been lower.
It should be noted that for the propcsed time-of-use rates recommended
in this study, the reduction in demand under IDR rate is to be applied only
to the system demand charge portion as opposed to the on-peak demand charge
portion. Since on•pesk demand charges for time-of-use rates are predicated
cn the marginal cost cooing into the system from TMPA, additional growth in
load is not likely to Impact the marginal demand costs,
Doiicew's present rates for large, industrial type customers are higher
than rages offered by competing power suppliers, particularly Texas ;
Utilities Electric Company (TU). One of the benefits of offering an
industrial development rider would be to bring Canton's rates more in line
with IV's rates, In making the competitive analysis with TU, one must
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consider the potential impact of the commercialization of Comanche Peak
generation facility on the N rates. Exhibit 4 has bcen prepared to compare
the present Denton Large Power rate and the proposed IDR with the present TU
General Service and High Voltage Service rates and the level of rates under
a potential 201 rata increase associated with Comarche Peak. For a typical
customer with a 501 load factor, the rate under Denton's IDR would compare
favorably with the TU' rates with a 201 rate increase included, The
magnitude and the timing of any potential TU retail rate increase associated
with Comanche Peak is uncertain at this time.
In order to provide Denton with a competitive cool, a refinement to the
IDR is to guarantee to the customer that his rate under Denton will not be
higher than the applicable TU race. If the customet's bill under the
applicable Denton rate is lower than the TU rate, •.he customer will get the
1 benefit of lower cost from Denton, 'thus, under such a scenario, the
customer will get the benefit of the lower rate, either Denton's own rate or
f the applicable TU rats. Such an option can be offered for a five-year
E period, after which it can be either phased out or to-evaluated based upon
the cost and competitive structure at that time. Such a provision can be
incorporated in the proposed Schedule IDR by adding a competitive rate cider
such as:
Competitive Rate Rider j
The City guarantees that, during the term of this contract,
the billing to the customer will never be more than the billing
from applicable retail rates from Texas Utilities Electric Company
(N). Each month, the City will compute the customer's billing
under the existing City rate and the existing TU rate; the
customer will be billed the lower of the two amounts.
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STANDBY AND SUPPLEMENTARY SERVICE RATE
Denton has received inquiries from some of its customers about the
availability of a standby and supplementary service rate, These customers
are investigating the possibility of satisfying their electricity
requirements from self generation and would like for Denton to provide
standby service on an as•nesded basis. Usually, standby service is I
characterized by relatively low load factors; it is important, thereiore, 1
that the standby rate track, as closely as possible, the actual cost
incurred to servo the load. This will reduce the risk to Denton of not
recovering the cost of service.
The present Denton retail rates have a significant amount of tilt. ,
That is, a significant amount of fixed or demand related expenses are
recovered not through the demand charge component, but rather through the
energy charge component. Generally, such a tilt will not result in
significant impact on the system for customers with average load factor
usage. However, for low load factor usage, such as standby service, a rate
with a significant tilt would result in undsrrecovery of revenues and a
substantial loss to the utility.
In the development of a rate price, two types of demand-related
components need to be analyzed. This would include the marginal or
incremental cost associated with providing the needed capacity required by
the customer at the, time he requires Lt, In Denton's case, this will be the
additional cost which will have to be paid to TMPA. The cacond portion of
the demand cumponant would be the facilities cost. This omponent is to
compensate Denton for the investment made in plant facilities which are
considered capacity or demand related. The amount of investment and
associated expenses will not vary whether or not the customer actually
purchases energy under a standby rate. This, therefore, represents a
readiness to serve charge which needs to be recovered from the customer on a
monthly basis independent of the customer's actual usage,
Exhibit S shows the development of the incremental demand charge
associated with TMPA purchases. This amount is shown to be $11,53 per kV
for primary level service or $11,75 per kV per month for secondary level
service. Application of appropriate coincidence factors will result in
demand charges of $9.22/kV for primary sales service and $9.40/kV for
secondary sales service.
A detailed cost of service analysis for Denton has identified the
investmen. demand component for various customer classes. For example, it
I~ is shown that this component will vary between $4.17 and $6.68.
I The energy charge applicable for standby service should be set close to
the energy component charge indicated by the cost of service, which is
approximately 2.36 cents per kWh.
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Exhibit 5 shows the proposed standby supplementary and maintenance
service cats, The proposed rate tariff represents the development of a rate
which is predicated and supported by the cost of service study. Will protect
the interests of Denton, and will be fair and equitable to the potential
customers.
The proposed standby rate may be challenged or, two fronts by potential
cogenerators. The first challengs would be to claim that the rate Includes
the cost associated with generation twice in that the system demand charges
include embeided costs associated with Demon's own generation. Analysis of
cost of service indicates, for example, that approximately $2.25 per kW of
the system demand charges can be identified am related to Denton's uwn
generation, Thus, a standby customer may claim that not only is he paying
for TMPA's generation standing by, but also for the Denton's generation
standing by. It is appropriate to include Denton's own generation costs in
the system demand investment component, These costs are already incurred
and fixed in nature, and cannot be avoided. This does represent a
readiness•to•sarva charge and should properly be included as a part of
system investment costs.
I The second potential challenge involves the peak demand component. The
peak demand charge is computed by dividing the TMPA fixed component by the
coincident Denton peak after making adjustment for coincidence factors and
system losses. Customers receiving service for supplementary usage should
not find this procedure onerous. On the other hand, a standby customer who
has installed a reliable generation unit can claim that this type of
analysis burdens him with to) mu-.h responsibility or probability of being on
Denton's peck when the peak conditions occur. The cogenerator can reference
his forced generator outage analysis for the type of equipment he operates
j to indicate that perhaps the probability of his equipment being do-on when
the system peak load conditions are approaching may not be 801 as assumed
under an 801 coincidence factor, but may be closer to 251 or 701.
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TIKE-9F-USE RATES
Currently, Denton has three time-of-use rates applicable for
residential, general service and primary service customers. The intent
behind analysis into time•of-us■ rates in this study is cc a:cec:ain if the
e{isting tims•of-use rates can be supported by the cost of service study and
to suggest modifications to the time-of-use rates which would make them mare
attractive and amenable to the customer classes, while at the same time
provide cost-based price signals -o the end-users.
Analyses of time-of-use rates offered by numerous utilities indicate a
system-speciiie unique approach taken by utilities in the design of
time-of-use rates, This system•speciflc uniqueness can b+ a function of
tangibles (shape of load, time of load, duration of load, typo of customer
served. location of utility, att.) as well as Intan;lblas. The intangibles
would include consideration of factors such as whet'-,or a time-of-use rate is
worth the expense and trouble to Initiate and maintain; whether a
time-of-use rate design should discourage on-peak usage or encourage
off-peak usage or both; and whether time-of-use rates should be the standard
tariff or whether it should be offered as gn option.
Whereas the rates used by various utilities may be unique and
sys~am•specifte in their development, the overall intent behind timo•of-use
rates seems to be substantially similar. Utilities are generally attempting
i to identify fixed costs (demand costs) which ate a function of the
noncoincident peak demands and the demand costs that can be attributed to
r the coincident peak. In a non•tims differentiated rate, these two costs are
blended; in a time-of-use rate, however, these costs can be separated to
more accurately track the cost causation effect. Depending upon the load
! pattern of different customers, time-of-use races can result in significant
customer impact. Usually, there are also additional expenses associated
i with time-of-use motoring which will have to be collected from the
tlmo.of•ues a stomers. It, therefore, seems appropriate to retain both
non-time differentiated rates as well ajF time differentiated rates.
In order to identify the on•peak/off•pesk time periods and seasons, the
utility load profile needs to be evaluated. Analysis of historical load
profile of Denton summarized on Exhibit 7 indicates that Denton is a
prodominantly summac-pecking utility, The peaks can occur based upon the
weather conditions between the months of June and September, The on-peak
motion, therefore, needs to encompass this four-month period, Exhibit 8
summarizes the hourly historical load profile for the months of June, July,
August and September, One can see that the load begins to build up around
10:00 NI and peak in the early afternoon, tapering off by late r!aning. If
one uses a simple ratio of $51 of the peak to define the period that should
be considered for on•petk usage (the criteria commonly used by MC to
identify months which should be consi*aced es peaking months for cost
allocation), a period from 12:00 noon to 10:00 PK car be identified as the
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peak period. In order to be more conservative, a longer period from 10;00
AM to 10:00 PH may be considered; if one's objeccive is to narrow the
on-peak time, a time period from 1:00 PH to 8;00 PH can be considered as
on-peak, It is recommended that an aggressive approach of 1:00 PH to 8:00
PM be considered as on-peak. This time frame would be consistent with labor
work shifts utilized by some existing Denton large customers.
In trying to identify the time-of-use rate, recognition must be given
to the fact that time-of-use metering is more costly. The cost of service
has pointed out the level of customer charges which needs to be used to
recover the custooer component, In addition to ttiess normal customer
charges, additional customer charges will have to be ccnsidered to reflect
the additional investment in metering. Exhibit 9 shows the development of
this additional monthly cost assuming additional investment per meter of
$250. it is shown that additional customer cost increase of approximately
$7.31 can be justified.
The next step in the development of time-of-use rates is to identify
the demand or energy costs that will vary with the time of usage. Denton's
demand cost consists of two components.-the fixed charges it has to pay to
THPA and the fixed cost associated with its generation, transmission and
distribution system. TMPA assigns its total fixed costs to its member
cities based upon the ratio of its total peak to the members' peaks, Thus,
Denton, by reducing the peak demand, will impact its allocation from THPA in
the following billing year, Costs associated with Denton system investments ' v
are not likely to be impacted by load shifting. Thersfdfa, the incremental
or marginal cost, which can be impacted by time of use, is the one
associated with THPA fixed cost. The level of this cost is shown on Exhibit
5 to be approximately $178 to $141 per kW-year, or $11,50 to $11.75 per
! kV•month.
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A cost based design of time-of-use rate for residential customers would
include the THPA•related demand coat during the on-peak period only and
exclude it during the off-peak period. For the development of commercial i
time-of-use rates, the TMPA des,,nd•releted costs can be used for the
customer's demand imposed during the peak period, whereas THPA costs should
not be charged to the demands incurred during the off-peak period.
The final component of a ttme•of-usa rates is the energy charge. This
would include the energy cost from THPA plus the cost associated with
Denton's own generation and a small amount of variable OM cost, Whereas
the average incremental energy cost will change from hour to hour depending
upon consideration of factors such as the fuel mix, the type of generation
units on-line, loading on the units, ate., there is not likely to be
1 significant differences in the average energy costs, The coat of service
has identified the average energy cost to be approximately 2.4 cents/kVh,
Exhibits 10 and 11 show in detail the development of tima•of•use rates.
The proposed time-of-use rates are summarized on Exhibits 12 through U.
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These time-of-use rates have been developed using cost of service
results; they do not have a tilt in the rate unlike the existing rates which
have a significant amount of tilt. The proposed rates, therefore,
accurately track the cost of service and are designed to recover customer J
costs, demand costs and energy costs from appropriate rate components. In
order to guard against the possibility of TOU participants able to shift the
peak period away frcm 't:.e stated period of 1:00 PH to 0:00 PH. the initial
sign-up of SOU customers should be limited to customers with total demand
requirements of not more than 10,000 to 12,000 W.
Appendix B compares the billing under the existing and proposed TOU
rates.
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THERMAL STORAGE RATE
Denton is interested in encouraging customers to install equipment
which will help hold down syscem peek demands in the summertime: one
fusible option is the development of a thermal storage incentive program
whereby customers will use off-peak electricity to store cooled substances
during off-peak hours for use during on-peak hours. Denton presently has a
thermal storage incentive payment program, The purpose for re-examining the
existing thermal storage incentive payment is to evaluate options that could
F result in the development of thermal storage type loads.
f Costs that can be impacted by the development of off-peak rates such as
a thermal storage rate would be the fixed costs from TMPA. Analysis has
indicated this THPA cost to be approximately $'+0 per kV at the generation
level for 1988.89 data, Assuming a coincidence :actor of 801, this has an
I impact of approximately $112 per kV at the customer's meter. Assuming that
j THPA•related fixed costs remain at this level, these costs can be impacted
by thermal storage development; rate incentives and upfror• incentive
payment schemes need to be developed to try to encourage such .velopm nit.
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Three options have been developed on Exhibit 16. The first option
conaiats of an upfront incentive payment predicated on potrntial savings in
the THPA•related fixed coats over a five-year period. Assuming an annual
savings of $112 per kV for a fiva•yesr period and using a discount rate of
7% results in identification of $45) as the avoided five-year present worth
cost. This would then represent the upfront incentive payment to the
customers. To the extent that investment in the thermal storage 'equipment
is likely to be capital intensive, such an incentive payment would be very
timely and should be an attractive incentive for customers to make the
capital investment. It is recommended under Option 1 that a five-year
contract should be signed with the customer; Denton should have the right to
inspect the customer's equipment during the summer periods in this five-year
period to make sure that the equipment works. To the extent that Denton is
rewarding the customer for operating the equipment for five years, it is in
Denton's best interest to asks sure that the equipment is in working
condition. If there are problems with the equipment and it does not
function properly. Denton should be entitled to recover a prorate share of
the upfront incentive payment, or the total amount of incentive payment if
there is a permanent lose of the storage equipment. Under Option 1 the
customer cannot participate under the time-of-use rates for the five-year
period, since Denton already has rewarded the customer for peak load savings
through an upfront incentive payment. Offering a time•of•uss rate option
would result in rewarding the customer twics for savings in the peak demand,
which would not be equitable to the rest of the customers,
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` Option 2 is developed for those customers who would prefer to have a
tLme•of•usa rate available. Since a cost based time-of-use rate provides
the savings associated with a peak•damand reduction directly to the
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customers through on-peak/off -peak type of pricing, no additional upfront
incentive payment is necessary or desired under this option. Under Option 2
there is no need for a contract term; nor is there a need for an inspection
of equipment.
Option 3 is developed for those customers who would prefer at least
some upfront incentive payment to make the capital investment decision but
would like to sign up for the timelof•use rates. Under this option, it is I
recommended that Denton offer an upfront payment equal to 50% of the
`F potential five-year savings under the thermal storage rate, but recover this
upfront payment through increase in the system demand charge portion of the
time•of•uss rate over a contract term of five years. Another option of
recovering the upfront incentive payment would be through a monthly
I facilities charge over the 60 months of the contract. Denton is essentially
financing a portion of the customer's capital investment. Under such a case
the customer can participate in a time-of-use rate.
It is believed that either Option 1 or 2 would be superior to Option
Option 1 puts Denton at some risk in trying to police and inspect the
customer's premises to make sure that the equipment is wotking. Option 2
would be the least costly and least administratively burdensome option for
Denton.
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NISCECIANEOUS RECOMM ENOATIONS
It is essential that a comprehensive customer load research program be
initiated and/or expanded as soon as possible to collect load research data
for all electric utility custom(-s in general, aid for residential customers
in particular. Development of such load research data would be very
beneficial in developing more acaurate estimates for demand allocation
factors in cost of service as well as development of appropriate time-of-use
rate+. A number of comprehensive load research programs have been initiated {
and are being conducted in Texas for both publ!c power and investor owned
utilities. Valuable information can be obtained from ongoing projects to
develop a cost-effective load research program.
At the present time, utility plant balances, accumulative provisions
for depreciation, and depreciation expenses can be allocated on FERC
account-by-account basis. However, operating expenses projected by various
departments within Denton's overall organizational structure are not
developed according to FERC expense account numbers. Developing the
operating expenses by FERC account would simplify the cost of service,
accounting and rate design allocation process significantly. This would
i allow for performing comparative analysis of the level of expenses at Denton
with the level of other similar utilities, since A majority 'of the utilities
subscribe to the FERC-based accounting system.
A reconciliation of billing units end the revenues produced from those
i billing units for the electric utility should be performed each month. The
intent is to make sure that rates are being applied c- a consistent, uniform
basis.
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Exhibit :2
SCHEDULE T-R
RESIDENTIAL - TINE-OF-USE
APPLICATION
Applicable for any customer for all electric service used for
residential purposes in an individual private dwelling or an
individually metered apartment, supplied at one point of delivery
and maasured through one meter. Customers applying for the T-R
rate must remain on this rata for twelve (12) continuous billing
periods. Not applicable to resale service in any event, nor to
temporary, standby or supplementary service, except in conjunction
with the applicable riders.
NET MONTHLY RATE
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(i) Custea.r Facility Charge.,
Single-phase $15.00/30 days
Three-Phase $20.00/30 days
(2) Energy charge:
on-Peak Hours S 0.260/kWh
Off-Peak Hogs S 0.023/kWh
(3) Energy Cost Adjustment Per Schedule E.C.A.
MINIMUM BILLING
{ The minimum monthly bill shall be the Customer Facility
j Charge.
TYPE OF SERVICE
Single-phase or three-phase at sixty (60) cycles at secondary
distribution voltag4. where service of the type desired by the
customer is nee already available at the point of service, special
contract arrangs%onte between the City and the customer may be
required prior to its being furnished.
pVJNITIQN 01 ON-PWC HOUR!
The Cltyls on-peak hours, for the purpose of this rate
schedule, are designated as being from 1100 PM to $too PM each
Monday through Friday, starting on June 1 and continuing through
' September 10 each year. The City's on-peak hours may be changed
from time to time and the customer will be notified twelve (12(
months prior to such changes becoming effective.
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SCHEDULE T-R
RESIDENTIAL TINE-OF-USE
SCOntinued)
DEFINITION OF OFF-PEAK HOURS
The City's off-peak hours, for the purpose of this rate
schedule, shall be all hours not designated as on-peak hours.
SPECIAL FACILITIES
All services which require special facilities in order to
most customer's service requirements shall be provided subject to
I~ the special facilities rider.
pROMTION OF UTILITY BILLS '
f Billing for the Facility Charge shall be based on 12 billings
annually using the following formula:
Actual days in reading period x Customer Charge
30
ENERGY COST ADJUSTMENT
A charge per kWh of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
E PAYMENT
~ Bills are due when rendered, and become past due if not paid
within fifteen (15) calendar days frog date of issuance.
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Schedule
SCHEDULE TOS JJ
GENERAL SERVICE - TIKE-OF-USE 1
APPLICATION
Applicable to a'r►y commercial or industrial customer for all
electric service supplied at one point of delivery and measured
throuo;h one meter. Supplementary service subject to the
applicable rider. Not applicable to resale or temporary service.
customers electinq this rata must remain on this rate for a r
minimum of twelve (12) continuous billing months.
NET MONTHLY RATE
(1) Customer Facility Charge $28.00/30 days
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(2) on-Peak Demand Charge $ 9.00/kW of On-Peak Demand
(3) System Demand Charge S 6.70/kW of System Demand
Energy Charge $ 0.0040/kWh
(8) Energy Cost Adjustment Per Schedule E.C.A.
~ KININtJTt SICCING
The minimum monthly bill shall be the sum of the Customer
Facility Charge, the On-Peak Demand Charge, and the System Demand
Charge; but not less than $693.00.
T_(l P9 OF SERVICE
Single-phase or three-phase at sixty (60) cycles at available
secondary distribution voltage.
DZTERMINATION OF 4N-PlAX DEMAND
The on-peak demand shall be the maximum kW demand supplied
during the fifteen (18) minute period of maximum use during the
on-p4sak hours as recorded by the Cityfs demand meter and adjusted
for power tactor, but not less than one hundred percent (1001) of
the maxima on-peak demand similarly determined during the
4 previous billing months of June through September in the twelve
(12) months ending with the current month.
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Schedu.e i3
SCHEDULE TGS
GENERAL SERVICE - TIME-OF-USE
(Continued)
DETERMINATION OF SYSTEM DEMAND
The system demand shall be the maximum kw demand supplied
durinq the fifteen '(15) minute period of maximum use as recorded
by the City's demand meter and adjusted for power factor, but not
less than seventy percent (70%) of the maximum system demand
similarly determined during the previous billing months of June
through September in the twelve (12) months ending with the
current month.
POWER FACTOR PENALTY
The City reserves the right to determine the power factor of
the customer's installation served during periods of maximum
demand or by measurement of the average power factor for the
monthly billing period. If the power factor is below ninety
percent (90%) on-peak and average demand for the demand for
billing purposes will be determined by multiplying the unadjusted
billing demand by ninety percent (90%) and dividing by the
determined power factor. i
DEFINITION Of ON-PEAK HCM
The city's on-peak hours, for the purpose of this rate
i schedule, are designated as being from 1100 PM to 8:00 PM each
i Monday through Friday, sta.tinq on June 1 and continuing through
September 70 each year. The City's on-peak hours may be changed
from time to time and the customer will be notified twelve (12)
months prior to such changes becoming effective.
DEFINITION OF OFF-PEAK HOURS
The City's off-peak hours, for the purpose of this rate 1l
schedule, shall be all hours not designated as on-peak hours,
SVPPLaIma" POIRR RIDER j
Customers requesting standby or supplementary power shall be
allowed service under this rate scheduler however, the
determination of system demand shall be adjusted to read:
I
Schedule
SCHEDULE TOS
GENERAL SERVICE - TIME-OF-USE
(Continued)
SUPPLEMENTAL POWER RIDER (Continued)
The system demand shall be the sum of the maximum
kW demand supplied during the fifteen (15( minute period
of maximum use as recorded by the City's demand meter
plus the kW nameplati rating(s) of the customer's
generator(s). In the event the customer's generator(s)
is/are off-line at the time of the establishment of the
maximum system demand, the kW nameplate rating of the
generator(s) unavailable for service shall be removed
1 from the determination of the system demand. in no
event shall the system demand be less than seventy
percent (70%) of the maximum system demand similarly
determined during the previous billing months of June
through September in the twelve (12) months ending with
the current month.
SP CIAL FACILITIES
All services which require special facilities in order to
meet customer's service requirements shall be provided subject to
the special facilities rider.
j PRORATION Of UTILITY SILLS
(a) Billing for the Facility Charge shall be based on 12 billings
annually using the following formulas
Actual days in readina Reriod x Customer Charge
30
(b) Billing for demand shall be calculated on a 30-day-per-month
basis and prorated for longer or shorter billing periods
using the following formula:
Actual days in leading period x kW demand x Rate
70
ENERGY COi~ADJUSTNZ
A charge per kWh of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
pAYMM
Bills arc due when rendered, and become past due if not paid
within fifteen (15) calendar days from date of issuance.
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Exhibit 1.
SCHEDULE TOP
GENERAL SERVICE PRIMARY
APPLIQk TIME-OF-USE
for allplecable to any customer
measures through c any having a minimum demand of 750 kw
measurer g c+ne meter supplied at one point of delivery and
se
service wfll boaeive rythvol~aCIty providing all facilties
availablea g service.
applicable to resale or subject s:rvice,a Supplementary
this rate must remain temporary Pplicable rider,
continuous oillin on this rate for a Customers olecting
q months, minimum of twelve
NET MONTHLY RATE l12,
(1) Customer Facility Charge
$60.00/30 days
(2) On-Peak Demand Charge
i $ 9.90/kW of On-Peak Demand
(3) System Demand Charge
(1) Energy $ 5.50/kW of System Demand
Charge S 0,0035/kWh
(5) Energy Cost Adjustment Per Schedule E.C.A.
~ KINIKUK BILLING
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The minimum monthly bill shall be the
Charq~Jybutarge he On-Peak Demand sum of the customs-ot'lass than 81,153.00. Charge, and the System Demand
{ TYPE OF SERVIC
Three-phass at sixty (60) cycles at
distribution voltage,
available primary
D ERK NATION 0! ON p it n
The on peak dyand shall be the maximum
during the ky litteen pp
torppowelours as recorded bminute lriod of maximumeUsedduring the
the maximuafaanor' but not ley the ss C i than yonedhundredeter and 1001)of
previous billin44.peak demand sin/l throudetermined resnt f9'0;)thi
f1?) months endin months of Ji: Burin
g with the current month. Septembf * it: the twelve
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Exhibit 144
SCHEOULE TGP
GENERAL SERVICE PRIMARY - TIME-OF-USE
(Continued)
DETERMINATION OF SYSTEM DEMAND
The system demand shall be the maximum kW demand supplied
during the fifteen (15) minute period of maximum use as recorded
by the City's demand meter and adjusted for power factor, but not
less than seventy percent (701) of the maximum system demand
similarly determined during the previous billing months of June
through September in the twelve (12) months ending with the
current month.
POWER FACTOR PENALTY
The City reserves the right to determine the power factor of
the :ustomer's installation served during periods of maximum
demand or by measurement of the average power factor for the
monthly billing period. If the power factor is below ninety
pe:•cent (901), on-peak and average demand for billing purposes
will be determined by multiplying the unadjusted billing demand by
f ninety percent (901) and dividing by the determined power factor.
DEFINITION OF ON-P20 HOURS
The City'i on-peak hours, for the purpose of this rate
schedule, are designated ail being from 1:00 PM to 8:00 PM each
t Monday through Friday, starting on June 1 and continuing through
September 70 each year. The City's on-peak hours may be changed
from time to time and the customer will be notified twelve (12)
` months prior to such changes becoming effective,
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D&FiNITION OF OFF-PLAT( HOURS
The City's off-peak hours, for the purpose of this rate
schedule, shall be all hours not designated as on-peak hours.
1
Customers re toting supplementary power shall be allowed
service under this rate schedules however, the determination of
system demand shall be adjusted to read:
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Exhibit Ii
SCHEDULE TGP
GENERAL SERVICE PRIMARY - TIME-OF-USE
(Continue )
SUPPLEMENTAL POWER RIDER (Continued)
The system demand shall be the sum of the maximum
kW demand supplied during the fifteen (15) minute period
of maximum use as recorded by the City's demand meter
plus the kW nameplate' rating(s) of the customer's
generator(s). In the event the customer's generator(s)
is/are off-line at the time of the establishment of the
maximum system demand, the kW nameplate rating of the
generator(s) unavailable for service shall be removed
from the determination of the system demand. In no ,
event shall the system demand be less than seventy
percent (70%) of the maximum system demand similarly
determined during the previous billing months of June
through September in the twelve (12) months ending with
the current month.
SPECIAL FACILITIES
All services which require special facilities in order to
most customer's service requirements shall be provided subject to
the special facilities rider.
i
PRORATION OF UTILITY BILLS
(a) Billing for the Facility Charge shall be based on 12 billings
annually using the following formulas
Actual days in reading period x Customer Charge
30
(b) Billing for demand shall be calculated on a 30-day-per-month
basis and prorated for longer or shorter billing periods
using the following fdrmulai
Actual UYS in reading period x kW demand x Rate
30
ENERGY OOST AQ7USTlStNT
A charge per kWh of energy taken for fuel cost calculated in
accordance with schedule t,C.A.
f i
PAYNZ
` Dills are due when rendered, and become past due if not paid
within fifteen (15) calendar days from date of issuance.
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Exhibit is
SCHEDULE TLP `
LARGE PRIM.IkRY - TIME-OF-USE
APPLICATION
Applicable to any customer having a minimum demand of 750 kw
for all electric service supplied at one point of delivery and
measured through one meter, with the customer providing all
facilities necessary to receive primary voltage service.
Supplementary service subject to the applicable rider. Not
applicable to resale or temporary service. Customers electing
this rate must remain on this rate for a minimum of twelve (12)
continuous billing months.
j NET MONTHLY RATE
(1) Customer Facility Charge $60.00/30 days
(2) On-Peak Demand Charge $ 9.30/kW of On-Peak Demand
(3) System Demand Charge $ 1.80/kW of System Demand
(1) Energy Charge $ 0.0035/kWh
~ (S) Energy Cost Adjustment Per Schedule E.C.A.
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MINIMUM BILLING
E
f The minimum monthly bill shall be the sum of the Customer
Facility Charge, the On-Peak Demand Charge, and the System Demand
1 Charge: but not less than $3,637.50.
TYPE OF SERVICE
Three-phase at sixty (60) cycles at available primary
distribution voltage.
DETERMINATION Of OM•PZU DEMAND
The on-peak deaand shall be the maximum kW demand supplied
during the fifteen (16) minute pperiod of maximum use during the
on-peak hours as recorded by the City's demand meter and adjusted
for power factor, but not less than one hundred percent (1001) of
the maximum on-peak demand similarly determined during the
previous billing months of June through September in the twelve
i (12) months ending with the current month.
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` Exhibit 15
SCHEDULE TLP
LARGE PRIMARY - TIM[-OF-USE
(Continued)
DETERMINATION OF SYSTEM DEMAND
The system demand shall be the maximum kw demand supplied
during the fifteen (15) minute period of maximum use as recorded
by the City's demand meter and adjusted for power factor, but not
less than seventy percent (701) of the maximum system demand
similarly determined during the previous billing months of June
4 through September in the twelve (12) months ending with the
` current month.
POWER FACTOR PENALTY r
' The city reserves the right to determine the power factor of
the customer's installation served during periods of maximum
demand or by measurement of the average power factor for the
monthly billing period. If the power factor is below ninety
percent (901), on-peak and average demand for billing purposes
will be determined by multipplying the unadjusted billing demand by
` ninety percent (901) and dividlnq by the determined power factor.
I` DEFINITION OF ON-PEAK HOURS
` The City's on-peak hours, for the purpose of this rate
schedule, are designated as being from 1:00 PM to 8:00 PM each
Monday through Friday, starting on June 1 and continuing through
September 70 each year. The City's on-peak hours may be changed
from time to time and the customer will be notified twelve (12)
months prior to such changes becoming effective.
DEFINITION OF OFF-PEAK HOURS
The City's off-bpeeak hours, for the purpose of this rate
schedule, shall be all hours not designated as on-peak hours.
SUPPLON TAL PoWn RIDER
Custosxers requestlnq supplementary power shall be allowed
servloa under this rate schedulei hovevsr, the determination of
system demand shall be adjusted to read:
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Exhibit 13
SCHEDULE TLP
LARGE PRIMARY - TIKE-OF-USE
(Continued)
SUPPLEMENTAL POWER RIDER (Continued)
The system demand shall be the sum of the maximum
kw demand supplied during the fiftscn (15) minute period
of maximum use As recorded by the City*s demand meter
plus the kW nameplate 'rating(s) of the customer's
generator(s). In the event the customers generator(s)
I`1 is/are off-line at the time of the establishment of the
maximum system demand, the kW nameplate rating of the
generator(s) unavailable for service shall be removed
from the determination of the system demand. In no
event shall the system demand be less than seventy
s percent (704) of the maximum system demand similarly
determined during the previous billing months of June
through September in the twelve (12) months ending with
the current month.
SPECIAL FACILITIES
All services which require special facilities in order to
1 meet customer's service requirements shall be provided subject to
the special facilities rider.
I e
PRORATION OF UTILITY BILLS
(a) Billing for the Facility Charge shall be based on 12 billings
I annually using the following formula:
jtual days in readlntod
30 x Customer Charge
(b) Billing for demand shall be calculated on a 30-day-per-month
basis and prorated for longer or shorter billing periods
using the following formulas
Actual days fn reading period
30 x kW demand x Rate
ENERGY WIT AMSI rug.
A charge per kWh of energy taken for fuel cost calculated in
accordance with Schedule E-C.A.
FAYMS Bills are due when rendered, and become past due if not Paid
within fifteen (15) calendar days from date of issuance.
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' Exhibit 1
t
DENTON RMICIPAL UTILITIES
DEVELOPW OF 0411 COST OtJIFWS
Total p1 Ft2 GS OP
LP PW
Custoaet Cost of Service
"Gro~----
1. Direct f 3299,922 355192 1,689,998 394,094 10,473 7„S6 19,435
2, 1114 1 r 4ct-tlvlnua 32,024 Wil 17,328 1,424 104 83
3. lodiract-ra+ital 33,321 61237 35,690 24,763 459 01
4 9 01
4. Total Cvitoeor 3,335473 363,191 1,743,016 624,291 11,036 7112
8 19,124
S. Customers ° 27,776 4,(05 110,005 3,221 20 11 121
1 6. Cost/Cult/month '410.07 7,41 7,26 16.15 45.98 49.34 13,17
d Colt of Service
7. Diroctfurch Poser d 23,664.2% 402,760 7,437,521 9,594,367 1,261,742 3,410,279 149,545
0. Dmod Sales - W 763,300 134,500 3141500 42,900
9. Poeer Colt/kW S41e1/Mo / 12,54 9.38 0,84 3,49
E
i 10, Direct Svstoo 4r 12.034, 738 362,176 •4,068,284 4,692,639
H. 671.913 1,337,103 110,413
12, thilit-Captal 719443 19,332 (nduut-ftewnw 3331615 8,100 117,971 1301439 191231 54,277 3.611
39, M 9911 61
13. TotalacDew 1iSvste 13,107 % 388,608 4,421,66411 296,476
I~
9 5,109,554 73
3,813 1,500,421 192,13
14. Dmnd Salts • W 763,300 134,500 31ti,S00 42,900
r 15. S+ItN Cost/W S4lel/M0 X6.68 5.46 1.71 1.23
16. Total Colt/kw 441!4/MO IV 19.21 14.84 13.61 7.73
Cost of Sarvice
17. Direct 17,354,700 498,316 5,403.440 5,778,195 893,004 3,474,305 125.264
It. Indirect-R4Ve4ee 174,361 51279 55,404 52,754 8,868 391356 1,414
It. India ect-C4rit4l
20. Total Enorly 17,329,011 503,795 51458,052 3,830,919 901,872 3,513,861 126,678
21, Enmy Sales • pm 7351310 2110" 22707111 249,311 30,439 t49,350 5,279
I[ 22, Cost/101b S41 e s • 1 23.64 23,98 23.97 23.9! 23, 46 2340 24.00
u o.sNfk.w
23. Total Cost of Service 57,636,400 1,660,354 19,061,050 21,139,151 2,900,323 0,432,289 • 477,460
i
24. total COSIP" • e 70.41 79.03 83.70 06.89 75.67 56.38 90.45
k 1 14 oJ<a e
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} Exhibit 5
1
DENTON MUNICIPAL UTILITIES
DEVELOPMENT OF PEAK DEMAND RATE
Primary Secondary
1 TMPA Fixed Coot 23,664,251 23,664,251
E
FY88 Peak Demand - kW 179,600 179,600
TMPA Fixed Cost per kV/Year 131.76 131.76
Line Loss Factor 1,05 1.07
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Peak Demand Rate per kW/Year 138.35 140.98
Peak Demand Rate per kW/Month 11,53 11.75
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Monthly System Peak - MW
180
160
140
120
loo ....................................4........... 4.... 0..... 6.~
80
+16O :&1987
88
40 20 0
J F M A M J A S 0 N D
MONTH
a ~
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JUNE PEAK DAY - MW
180
160 11
140
.
120 c~.
100
84 .
64
40
20
0
1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24
b
HOUR
0
M Oa
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S
1~ I)
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JULY PEAK DAY - MW
140
12200 ClArocat 1 00
$0 . ............................................................a
60
40
20
0
I [ 3 4 5 8 9 10 11 12 13 14 15 16 17 1 B 9 20 21 22 23 24
HOUR
N~
N
O
M Oo
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AUGUST PEAK DAY - MW
200
180 Q.,•
160
144 Cil.....................................
i
120
i 100
80
60
40
20
0
1 2 3 4 5 6 7 8 9 1,0 11 12, 13 1,4 15, 16 17 18 19 20 21 22 23 24
HOUR y'
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SEPTEMBER PEAK DAY - M
124
100 80
.
.
64
40
20
o
1 2 3 4 5 6 7 8 9 10 It 12 13 14 15 16 17 18 19 20 21 22 23 24
~J HOUR c
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Exhibit 9
DENTON MUNICIPAL UTILITIES
ADDITIONAL TIME-OF-USE METERING COST
(a) (b) (c)
Investment Oper. 6 Total
Cost Maint Cost Cost
1. Additional Investment per Meter - $ 250.00 250.00
2. Rate of Return i 15.86
3. Annual Meter 06M 1 19.23
4. Annual Additional Cost - $ 39.65 48.08 87,73
5. Monthly Additional Cost - $ 3.30 4,01 7,31
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Exhibit 10
DENTON MUNICIPAL UTILITIES
DEVELOPN NT OF RESIDENTIAL TIME-OF-USE RATE
Energy Distribution
1. Summer MWh Sales (June through September) 105,597
2. Winter NWh Sales (October through Kay) 122,121
3. Total Mrh Sales 221 719
4. On-Peak MWh Sales (SAmmer • 30%) 31,679
Customer Charge Development
5. Customer Cost of Service (Exhibit 1) 7.26
6. Additional Motor Cost (Exhibit 9) 7,31
7. Total Customer Cost (L4 + LS) 14,57
8. lphase Customer Charge (Rounded) 15.00
9, 3Phase Customer Charge (Rounded) 20.00
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Off-Peak Energy Charge Development
j 10. System Demand Cost of Service (Exhibit 1) 4,421,669
11. Energy Coat of Service (Exhibit 1) 5458,852
j 12. Total Oif-Peak Energy Cost (1,10 + 1,11) 9,880,521
13. Total Residential KWh Sales (1.3) 227,718
14. Off-Peak Energy Cost/HWh • $ 43,39
15. Off-Peak Energy Charge (Rounded) 43.40
16, Less : ECA Charge 20.00
17. Off-Peak Energy Charge w/o ECA 23,40
j On-Peak Energy Charge
18. Purchased Power Cost of Service (Exhibit 1) 7,437,521
19. On-Peak Energy Sales (1,4) 31,679
20, On-Peak Energy Cost/KWh - $ 234,78
21. Off-Peak Energy Cost/KWh - $ (1,14) 43,39
22, Net On-Peak Energy Cost/MWh • $ 278.17
+ 23. Net On-Ptak Energy Charge (Rounded) 278,20
24. Ws ECA Charge 20.00
1 25. On-Peak Energy Charge w/o ECA 258.20
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Exhibit 11
DENTON MUNICIPAL UTILITIES
DEVELOPMENT OF DEMAND TIME-OF-USE RATES
GS GP LP
Customer Cost of Service (Exhibit 1) 16.15 45.98 49.54
2. Additional Meter Cost (Exhibit 9) 7.31 7.31 7.31
3. Total Customer Cost 23.46 53.29 56.85
4. Customer Charge (Rounded) 25,00 60.00 60.00
5. Purchased Demand Cost (Exhibit 5) 11.75 11,53 11.53
6. Coincidence Factor • I (Appendix A) 77.00 77.00 81.00
7. Purchased Demand Cost 9.05 8.88 9.34
8. On-Peak Demand Charge (Rounded) 9.00 8.90 9.30
I
9. System Demand Cost (Exhibit 1) 6168 5.46 4.77
10. System Demand Charge (Rounded) 6.70 5.50 4.80
11. Energy Cost of Service (Exhibit 1) 23.95 23.46 23.50
12. Energy Charge (Rounded) 24.00 23.50 23.50
13. Less : ECA Charge 20.00 20.00 20.00
14. Energy Charge w/o ECA 4.00 3.50 3.50
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NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SCHEDULE
OF RATES FOR ELECTRICAL SERVICES BY ADDING SCHEDULES T-R
(RESIDENTIAL TIME-OF-USE), TGS (GENERAL SERVICE - TIME-OF-USE), TGP
(GENERAL SERVICE PRIMARY - TIME-OF-USE), TLP (LARGE PRIMARY - TIME-
OF-USE), AND IDR (INDUSTRIAL/ECONOMIC DEVELOPMENT RIDER); AND
PROVIDING FOR Al; EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Schedule of Rates for electrical services
is amended by adding Schedules T-R (Residential Time-of-Use), TGS
(General Service - Time-of-Use), TGP (General Service Primary -
Time-of-Use), TLP (Large Primary - Time-of-Use), and IDR
(Industrial/Economic Development Rider), attached hereto and
incorporated herein by reference.
~I
,SECTION II. That a copy of this ordinance shall be attached
to the current Schedule of Rates for electrical services to show
the amendments herein approved.
I SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1989.
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RAY STEPHENS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
J.
BY:
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I 89-333
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SCHEDULE T-R
RESIDENTIAL - TIME-OF-USE
APPLICATION
Applicable for any customer for all electric service used for
residential purposes in an individual private dwelling or an
andimeasured thmetered
one ter. Customers applying point
the delivery T-R
for of
rate must remain on this rate for twelve (12) continuous billing
periods. Not applicable to resale service in any event, nor to
temporary, standby or supplementary service, except in conjunction I
with the applicable riders.
NET MONTHLY RATE
(1) Customer Facility Charge:
Single-Phase $15.00/30 days
Three-Phase $20.00/30 da s
(2) Energy Charge: y
On-Peak Hours $ 0.260/kwh
off-Peak Hours $ 0.023/kWh
(3) Energy cost Adjustment Per Schedule E.C.A.
MINIMUM BILLIN.'
The minimum monthly bill shall be the Customer Facility
charge.
} TYPE OF SERVICE
Single-phase or three-phase at sixty (60) cycles at secondary
distribution voltage. Where service of the type desired by the
customer is not already available at the point of service, special
contract arrangements between the City and the customer may be
required prior to its being furnished. i
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DEFINITION OF ON-PLAR HOURS
The City0s on-peak hours, for the purpose of this rate
s
Monday chedule, are designated as being from 1:00 PM to 8100 PM each
i Septemberr30 each year. June I and
hours continuing may be changed
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1 from time to time and the customer will be notified twelve (12)
{ months prior to such changes becoming effective.
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SCHEDULE T-R
RESIDENTIAL - TINE-OF-USE
h (Continued)
DEFINITION OF OFF-PEAK HOURS
The City's off-peak hours, for the purpose of this rate
schedule, shall be all hours not designated as on-peak hours.
SPECIAL FACILITIES
All services which require special facilities in order to
meet customer's service requirements shall be provided subject to
r-~ the special facilities rider. '
I PRORATION OF UTILITY BILLS
Billing for the Facility Charge shall be based on 12 billings
annually using the following formula:
` Actual days in,rreadina veriod x Customer Charge
I
` ENERGY COST AQIUSTMENT
II I
A charge per kWh of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
I I ' ,
PAYMENT
I
Bills are due when rendered, and become past due if not paid
within fifteen (15) calendar days from date of issuance.
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SCHEDULE TGS
GENERAL SERVICE - TINE-OF-USE
APPLICATION
Applicable to any commercial or industrial customer for all
electric service supplied at one point of delivery and measured
through one meter. Supplementary service subject to the
applicable rider. Not applicable to resale or temporary service.
customers electing this rate must remain on this rate for a
minimum of twelve (12) continuous billing months.
NET MONTHLY RATE
(1) Customer Facility Charge $25.00/30 days .i
(2) On-Peak Demand Charge S 9.00/kW of On-Peak Demand
(3) System Demand Charge $ 6.70/kW or System Demand
(4) Energy Charge $ 0.0040/kWh
(5) Energy Cost Adjustment Per Schedule E.C.A. ,
I ,
MINIMUM BILLING
The minimum monthly bill shall be the sum of the Customer
Facility Charge, the on-Peak Demand Charge, and the System Demand
Charge; but not loss than $693.00.
TYPE OF SERVICE
} Single-phase or three-phase at sixty (60) cycles at available
1 secondary distribution voltage.
DETERMINATION Of ON-PEAK DEMAND
The on-peak dotmand shall be the maximum kW demand supplied
during the fifteen (15) minute period of maximum use during the
on-peak hours as recorded by the City's demand meter and adjusted
for power factor, but not less than one hundred percent (100%) of
the maximum on-peak demand similarly detarmined during the
previous billing months of June through September in the twelve
(12) months ending with the current month.
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t SCHEDULE TGS
GENERAL SERVICE - TIME-OF-USE
(Continued)
DETERMINATION OF SYSTEM DEMAND
The system demand shall be the maximum kw demand supplied
during the fifteen (15) minute period of maximum use as recorded
by the City's demand meter and adjusted for power factor, but not
less than seventy percent (701) of the maximum system demand
similarly determined during the previous billing months of June
through September in the twelve (12) months ending with the
current month.
POWER FACTOR PENALTY
The City reserves the right to determine the power factor of
the customar's installation served during periods of maximum
demand or by measurement of the average power factor for the I
monthly billing period. If the power factor is below ninety 1
percent (901) on-peak and average demand for the demand for
billing purposes will be determined by multiplying the unadjusted
billing demand by ninety percent (901) and dividing by the
` determined power factor.
DEFINITION OF ON-PEAK HOURS
The City's on-peak hours, for the purpose of this rate
schedule, are designated as being from 1:00 PM to 8:00 PM each
Monday through Friday, starting on June 1 and continuing through
k September 30 each year. The City's on-peak hours may be changed
from time to time and the customer will be notified twelve (12)
months prior to such changes becoming effective.
DEFINITION OF OFF-PEAX HOURS
The City's off-peak hours, for the purpose of this rate
schedule, shall be all hours not designated as on-peak hours.
' SUPPLEMENTAL POWER RIDER RIDER
Customers requestinq standby or supplementary power shall be
allowed service under this rate scheduler however, the
determination of system demand shall be adjusted to read:
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SCHEDULE TGS
GENERAL SERVICE - TIME-OF-USE
(Continued)
SUPPLEMENTAL POWER RIDER (Continued)
The system demand shall be the sum of the maximum
kW demand supplied during the fifteen (15) minute period
of maximum use as recorded by the City's demand meter
plus the kW nameplate rating(s) of the customer's
generator(s). In the event the customer's generator(s)
is/are off-line at the time of the establishment of the
maximum system demand, the kW nameplate rating of the
generator(s) unavailable for service shall be removed
from the determination of the system demand. In no
event shall the system demand be less than seventy
percent (704) of the maximum system demand similarly
determined during the previous billing months of Jura
through September in the twelve (12) months ending with
the current month.
SPECIAL FACILITIES
All services which require special facilities in order to
most customer's service requirements shall be provided subject to
the special facilities rider.
PRORATION OF UTILITY BILLS
(a) Billing for the Facility Charge shall be based on 12 billings
annually using the following formula:
Actual days in readina__ period x Customer Charge
` 30
(b) Billing for demand shall be calculated on a 30-day-pe.--month
basis and prorated for longer or shorter billing periods
using the following formula:
hg&ual days i30reading Period x kW demand x Rate
ENERGY COS ADJUSTMENT
A charge per kWh of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
1 PAYMENT
Bills are due when rendered, and become past dus if not paid
within fifteen (15) calendar days from date of issuance.
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SCHEDULE TGP
GENERAL SERVICE PRIMARY - TIME-OF-USE
APPLICATION
Applicable to any customer having a minimum d-*3nd of 750 kw
for all electric service supplied at one point of delivery and
measured through one meter, with the City providing all facilities
necessary to receive primary voltage service. Supplementary
service will be available subject to the applicable rider. Not
applicable to resale or temporary service. Customers electing
this rata must remain on this rate for a minimum of twelve (12)
continuous billing months.
NET MONTHLY RATE
(1) Customer Facility Charge $60.00/30 days
(2) On-Peak Demand charge $ 8.90/kW of on-Peak Demand
(3) System Demand Charge $ 5.50/kW of System Demand
(4) Energy Charge i 0.0035/kWh
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(5) Energy Cost Adjustment Per Schedule E.C.A.
MINIMUM BILLING
The minimum monthly bill shall, be the sum of the Customer
Facility Charge, the on-Peak Dea~nd Charge, and the System Demand
Charge; but not less than $4,155.00.
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TYPE OF SERVICE
I
Three-phase at sixty (60) cycles at available primary
distribution voltage.
DETERMINATION OF ON-PEAK DEMAND
j The on-peak demand shall be the maximum kw demand supplied
during the fifteen (15) minute period of maximum use during the
on-peak hours as recorded by the City's demand meter and adjusted
for power factor, but not lose than one hundred percent (100%) ot
the maximum on-peak demand similarly determined during the
previous billing months of June through September in the twelve
(12) months ending with the current month.
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SCHEDULE TGP
GENERAL SERVICE PRIMARY - TIME-OF-USE
(Continued)
DETERMINATION OF SYSTEM DEMAND
The system demand shall be the maximum kW demand supplied
during the fifteen (15) minute period of maximum use as recorded
by the City's demand mater and adjusted for power factor, but not
less than seventy percent (701) of the maximum system demand
similarly determined during the previous billing months of June
through September in the twelve (12) months ending with the
current month.
POWER FACTOR PENALTY
The City reserves the right to determine the power factor of
1 the customers installation served during periods of maximum
demand or by measurement of the average power factor for the
monthly billing period. If the power factor is below ninety
percillent
determined pbykmuand ltiplying gytheeunadjusted billing demand purposes
ninety percent (901) and dividing by the determined power factor.
DEFINITION OF ON-PEAK HOURS
The City's on-peak hours, for the purpose of this rate
schedule, are designated as being from 1:00 PH to 8:00 PM each
Monday through Friday, starting on June 1 and continuing through
r September 30 each year. The City's on-peak hours may be changed
from time to time and the customer will be notified twelve (12)
months prior to such changes bz.oming effective.
DEFINITION OF OFF-PEAK HOURS
The City's off-peak hours, for the purpose of this rate
schedule, shall be all hours not designated as on-peak hours.
S_UPPLEHENTAL E2W2R RIDER
customers requesting supplementary power shall be allowed
service under this rate scheduler however, the determination of 1
system demand shall be adjusted to read:
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SCHEDULE TGP
GENERAL SERVICE PRIMARY - TIME-OF-USE
(Continued)
SUPPLEMENTAL POWER RIDER (Continued)
The system demand shall be the sum of the maximum
kW demand supplied during the fifteen (15) minute period
of maximum use as recorded by the City's demand meter
plus the kW nameplate rating(s) of the customer's
generator(s). In the event the customer's generator(s)
is/aro off-line at the time of the establishment of the
maximum system demand, the kW nameplate rating of the
gonerator(s) unavailable for service shall be removed
from the determination of the system demand. In no
event shall the system demand be less than seventy
l-1 percent (701) of the maximum system demand similarly '
determined during the previous billing months of June
through September in the twelve (12) months ending with
the current month.
SPECIAL FACILITIES
All services which require special facilities in order to
meet customer's service requirements shall be provided subject to
the special facilities rider.
~ I
PRORATION OF UTILITY BILLS
(a) Billing for the Facility Charge shall be based on 12 billings
annually using the following formula:
Actual days in reading period x Customer Charge
30
(b) Billing for demand shall be calculated on a 30-day-per-month
basis and prorated for longer or shorter billing periods
using the following fdrmulas
actual days in reading period x kW demand x Rate
30
ENERGY COST ADJUSTMENT
A charge per kWh of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
j PAYMENT
not paid
calendar rendered, days from become date past duo it
Bills (1S) when
issuance.
within fifteen
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SCHEDULE TLP
LARGE PRIMARY - TIME-OF-USE
APPLICATION
Applicable to any customer having a minimum demand of 750 kW
for all electric service supplied at one point of delivery and
measured through one meter, with the customer providing all
facilities necessary to receive primary voltage service.
Supplementary service subject to the applicable rider. Not
applicable to resale or temporary service. Customers electing
this rate must remain on this rate for a minimum of twelve (12)
continuous billing months.
NET MONTHLY RATE
(1) Customer Facility Charge $60.00/30 days
(2) On-Peak Demand Charge $ 9.30/kW of On-Peak Demand
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(3) System Demand Charge $ 4.80/kW of System Demand
(4) Energy Charge $ 0.0035/kWh
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(5) Energy Cost Adiistment Per Schedule E.C.A.
MINIMUM BILLING
The minimum monthly bill shall be the sum of the Customer
Facility Charge, the on-Peak Demand Charge, and the System Demand
Charges but not less than $7,637.50.
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TYPE OF SERVICE
Three-phase at sixty (60) cycles at available primary
distribution voltage.
DETERMINATION OF ON-PEAK OEMAND
The on-peak demand shall be the maximum kW demand supplied
during the fifteen (15) minute period of maximum use during the
on-peak hours as recorded by the City0a demand meter and adjusted
for power factor, but not less than one hundred percent (1001) of
the maximum on-peak demand similarly determined during the
previous billing months of June through September in the twelve
(12) months ending with the current month.
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SCHEDULE TLP
LARGE PRIMARY - TIME-OF-USE
(Continued)
DETERMINATION OF SYSTEM DEMAND
The system demand shall be the maximum kw demand supplied
during the fifteen (is) minute period of maximum use as recorded
by the City's demand meter and adjusted for power factor, but not
less than seventy percent (701) of the maximum system demand
similarly determined during the previous billing months of June
through September in the twelve (12) months ending with the
current month.
POWER FACTOR PENALTY
The City reserves the right to determine the power factor of
the customer's installation served during periods of maximum
demand or by measurement of the average power factor for the
monthly billing period. If the power factor is below ninety
percent (901), on-peak and average demand for billing purposes
will be determined by multiplying the unadjusted billing demand by
ninety percent (901) and dividing by the determined power factor.
DEFINITION OF ON-PEAK HOURS
I
The City's on-peak hours, for the purpose of this rate
schedule, are designated ai being from 1:00 PM to 8:00 PM each
Monday through Friday, starting on June 1 and continuing through
September 30 each year. The City's on-peak hours may be changed
from time to time and the customer will be notified twelve (12)
months prior to such changes becoming effective.
DEFINITION OF OFF-PEALS HOURS
The City's off-peak hours, for the purpose of this rate
schedule, shall be all hours not designated as on-peak hours.
SUPPLEMtNTAL POWER RIDEA
Customers requesting supplementary power shall be allowed
service under this rate scheduler however, the determination of
system demand shall be adjusted to ready
z
SCHEDULE TLP
LARGE PRIMARY - TIME-OF-USE
(Continued)
SUPPLEMENTAL PowER RIDER (Continued)
The system demand shall be the sum of the maximum
kW demand
asduring
of maximumsupplied
recorded byfifteen
City's minute
demand period
motor
plus the kW nameplate 'ratinq(s) of the customer's
g*neratoor(-s).
the customor's rof orthe
maximum system demand, the kW nameplate rating of the
generator(s) unavailable for service shall be removed
h from the determination of the system demand. In no
event shall the system demand be less than seventy
percent (701) of the maximum system demand similarly
I determined during the previous billing months of June
through September in the twelve (12) months ending with
the current month.
SPECIAL FACILITIES
All services which require special facilities in order to
most customer's service requirements shall be provided subject to
the special facilities rider.
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PRORATION of UTILITY BILLS
(a) Billinq for the Facility charge shall be based on 12 billings
annually usinq the following formula:
i
Actual days in reading ceriod
30 x Customer Charge
(b) Billing for demand shall be calculated on a 70-day-par-month
basis and prorated for longer or shorter billing periods
using the following formulas
Actual -days in reading Period
70 x kW demand x Rate
' EN4RGY COST AWUST![ENT
` A charqe per kWh of energy taken for fuel cost calculated in
accordance with Schedule E.C.A.
PAYMENT
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Hills are due when rendered, and become past due if not paid
within fifteen (15) calendar days from date of issuance.
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SCHEDULE IDR
INDUSTRIALIECONOMIC DEVELOPMENT RIDER
AVAILABILIT Y
This rider is available to the customers who receive service
from either of city's Rate Schedules LP, TLP, GP, TGP, GS, or TGS.
APPLICATION
This rider is available to electric service supplied at any
one location and measured through one mater. This is for firm
electric service applicable to new customers and existing
customers as described below.
(1) New customers whose electric service represents demand not
previously served by the City at any location in the City's
service area in the last 12 months and where such metered
demand is in excess of 200 kW.
(2) Existing customers served under Rate Schedules LP, TLP, GP,
TGP, GS, and TGS who add additional metered demand of at
least 200 kw on top of their existing level of demand. This
additional load will be separately metered.
Under no circumstances may this rider be used to reduce the
current amount of other firm service billed to the customer.
During the term of this agreement, the customer may not reduce
other firm service peak demahd.
NET MONTHLY RATE
v
The customer shall be charged under the appropriate
applicable rate schedules with the exception that the monthly
billing demand or system demand will be adjusted in accordance
with the following tables
Time Period Reduction to Billing
Demand or System Demand
First Year 70%
Second Year 551
Third Year 401
Fourth Year 251
Final Year 101
j CONTRACT PERIOD
I The term of the contract will be a five-year period.
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DATE: 06/20/89
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Approve Policy Number 108.11, Crug Free Workplace
Approve Policy Number 1D1.10, Employee Assistance Program
RECOLMENDATION_
It is the staff's recommendation that the City Council approve Policy Number
108.11, Drug Free Workplace and Policy Number 107.10, Employee Assistance
Program. These policies are to bring the City in compliance with the
Omnibus Drug Initiative Act of 1988; (Drug Free Workplace Act of 1988).
{ SI~HFiI$Y_
The Omnibus Drug Initiative Act of 1988 is a federal law requiring federal
contractors who use grant money of more tha! $25,000 in federal funds to
institute policies that clearly communicate and put fntu effect practices j
which prohibit illegal drugs in their work places. It further requires that
I these organizations certify that they will provide drug free work places by:
1. Publishing a statement notifying employees that the unlawful
V manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the work place and specifying the
actions that will be taken against employees who violate the i
prohibition;
2. Establishing a drug free awareness program for its employees;
3. Requiring each employee involved in the performance of the duties in
the organization to be given a copy of the statement described 'n 1.
above;
i
4. Requiring employees to abide by the terms of the statement under 1.
above and to notify the employer of any criminal drug statute
conviction for a violation occurring in the workplace no later than
five days after such conviction;
5. Notifying HUD within ten days after receiving notice of any employee
' -1 convicted of a violation as described in 4. above;
1 6. Taking appropriate personnel and/or disciplinary action as provided In
the City's Disciplinary and Appeals policies within specified time
frames for any employee convicted cf a criminal drug statute viol,~ion
occurring in the workplace (up to and including termination of
employment) or requiring satisfactory participation in an approved drug
rehabilitation program; and
7. Making a good faith effort to malntaln a drug free wvrbplaca by
implementing the requirements of 1. through C. above. 4
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June 20, 1989
Report from CM to City Council - Drug Free workplace Policy
Page 2
81iCKGRW_ ND
The Personnel and Employee Relations Department, with concurrence of the
City Attorney and the Executive Cow ittee, has developed Policy Number
' 108.11, Drug Free Workplace and Policy Number 107,10, Employee Assistance
Program to meet the requirements of this federal law. These policies
establish policies and administrative procedures to clearly communicate the
4 City's policy against use of drugs and other improper substances in the work
environment. They also establish procedures for managers and supervisors to
f handle a situation when an employee is suspected of manufacturing,
distributing, dispensing, possessing or using controlled or illegal
substances on the fob or in a manner which would adversely affect the work
performance of the employee or endanger the safety of the employee, another j
employee, or a member of the public.
j
The Employee Assistance Policy provides guidelines and administrative
procedures to handle situations where substance abuse is suspected and
confirmed in the work place. These polices and procedures are consistent v
j with current practices in which we have had to deal with employee problems. J
Recent situations have proven successful in directing an employee to
professional resources through the Health Insurance Program and within the M
local Denton Community. During Jan., 1988 to Dec., 1988, employees and
their dependents accounted for approximately $46,200 in Inpatient,
i Outpatient, drug, and alcohol psychological counseling and rehcbilltation
services. This represented only 3.36% of the total health insurance plan
payments, In addition, City departments ha,u paid out approximately f16C0
for supervisor directed counseling services where an employee problem is
affecting fob performance adversely.
Upon approval of these policies and ororedures, each department manager and
supervisor, with the assistance of tiie Personnel and Employee Relations
Department staff, will conduct meetings with employees to:
1. Communicate the City's position concerning these policies and potential
consequences of a policy violation,
2. Ensure employees have signed statements indicating their understanding
t of the policies, and
3. Communicate the City's intention to assist "troubled" employees through
the Employee Assistance Program and other resources available in the
community.
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Jura "0, i989
Report from CH to City Counc7l Drug Free Workplace Policy
Page 3
LJWRAMS, DEPARTMENTS OR GROUPS AFFECTED:
These policies cover all City of Denton employees in all departments.
]FISCAL IMPACT 1
The estimated cost for implementiq these policies are staff time for J1
conducting and attending meetings and materials cost for proper 1
communication to all employees. These amounts are currently budgeted. •11
Additional costs which may be paid from a department's budget would be
amounts for drug tests, substance abuse assessments, etc. to handle
situations where substance abuse is suspected and confirmed in the work
place.
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4IRespec
su it rell
City Manager
i k Prepared y:
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as k, Director of Personnel
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Betty McKean, x cutive Director
for Municipal S vices and Economic Development
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CMRRGRPT3.PRN 06/12/84 10:25a
2714L
RESOLUTION NO.
A RESOLUTION ADOPTING POLICIES REGARDING A DRUG FREE WORKPLACE
AND EMPLOYEE ASSISTANCE PROGRA14, AND DcCLARING AN EFFECTIVE DATE.
WHEREAS, the Director of the Personnel./Fmployee Relations
Department for the City of Denton has pr,~sented th- proposed
policies regarding s Drug Free Workplace and Employee Assistance
Program for the Council's considerations and
WHEREAS, the City Council desires to adopt such policies as
official policies regarding employment with the city) NOW,
THEREFORti,
BE IT RESOLVED BY THE COUNCIL OF Ti!E CITY OF DENTON:
SECTION I. The following policies, atta^hed hereto and made
a pert hereof are hereby adopted as official policies of the City
of Denton, Texas:
I'
108.11 Drug Free Workplace
107.10 Employee Assistance Program Policy
SECTION II. The foregoing policies are attached hereto and
made a part hereof and shall be filed in the official records
with the City Secretary.
SECTION Iii. The Employee Rules and Regulations of 1976
adopted by Resolution of the City Council on Fecruary 1, 1977,
are hereby rescinded to the extent they conflict with the
foregoing policies and with any administrative procedures and
directives issued under the authority of the City Manager
implementing the policies hereby adopted.
t
SECTION IV. This Resolution shall become effective immedi-
ately upon its passage and approval.
,I
PASSED AND APPROVED this the day of , 1989.
RAY STEPHENS, MAYOR
ATTEST:
{
E .IENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADA.MI DRAYUVITCH, CITY ATTORNEY
BY:
t
h
CITY OF DENTON PACE 4 l
FOLICT/ADMINISTWIVg FROCIDDRE/ADMINISTEATIVI; DtABOTIVE '
SECTION AEPERENCE
NumeEA:
PERSONNBL/EMPLOYEE RELATIONS 108.11
S~e~ECT IMCTrvI DATE
STANDARD OF CONDUCT FOR EMPLOYEES 06/20/89 J
TITLE REPLACES ]1
DRUG FREE WORKPLACE
POLICY STATEMENT:
It is the policy of the City of Denton to provide employees with a working '
- ^1 environment that to free of th•., problems associated with the use and abuse of M
controlled substances. The use of controlled substances to inconsistent with
the behavior expected of employees and subjects the City to unacceptable risks
of workplace accidents or other failures that would undermine the City's
ability to operate effectively and efficiently. The City considers employees
I who use such substances to be leas reliable and stable and lacking in good
judgment. Noncompliance with the policy set forth below will result in j
t disciplinary action.
1. The non-prescriptive use, sale, possession, distribution, dispensation,
manufacture, or transfer of controlled substances on City property or
other work sites where employees may be assigned or elsewhere during
work hours is strictly prohibited. Further prohibited is the use,
sale, possession, distribution, dispensation, manufacture, or transfer
of controlled substances on non-working time to the extent such N
activity impairs an employee's ability to perform hie/her Job or where
such use, sale, possession, distribution, manufacture, or transfer
affects the reputation of the City to the general public or threatens
its integrity. Persons violating the City policy will be subject to
disolpiinary action, which may include termination for a first offense.
it. Employees who are convicted of controlled substances-related violations 1
in the workplace under state or federal law or who plead guilty or nolo
contendere to such charges must inform the Director of
Personnel/Employee Relations or designated representative and
Department Director or designated representative within five (5) days
of such conviction or plea. Failure to do so will result in
diselplinary action, including termination from employment for a first
offense. Employees convicted or pleading guilty or nolo contendere to
such drug-related violations must successfully complete a drug abuse
assistance or similar program as a condition of continued employment or
re-employment.
"Controlled Substance" to defined to mesa those drugs listed in Schedules I
through V of Section 202 of the Federal Controlled Substances Aot, 21 U.S.C.
S 8129 and includes, but is not limited to, marijuana, cocaine (including
"crack" and other cocaine derivatives), morphine, heroin, amphetamtnes, and
barbiturates. When used in this policy, the term "drugs" means "controlled
substances." The term does not include those controlled substances used
pursuant to and in accordance with a valid prescription.
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POLICY/ADMINISTRATIVE PROCBDUPE/ADMINISTRATIVE DIRECTIVE [Continued)
~REPERSNCE
TITLE: DRUG PR88 WORKPLACE ~NUI~BR: 108.11
I
ADMINISTRATIVE PROCEDURES:
1. GSNBRAL J
The City of Denton shall, in compliance with the Omnibus Drug 1I
Initiative Act of 1988, take those steps required by the Act to ensure
that its workplace is a drug-free workplace. All employees shall J
receive a copy of the City's "Policy Regarding Controlled Substance
Abuse," Appendix I. Upon approval of this policy, current employees
shall be issued a copy of the policy and all persons newly hired by the
City shall receive a copy of the policy during the new employee
orientation process. Any employee found in violation of this policy ,
shall be disciplined and such discipline may inolude termination or the
successful completion of a drug rehabilitation program. The City
j provides an Employee Assistance Program which is designed to assist
employees and their families with personal and behavioral problems that
have or could adversely affect job performance.
j I
It. DRUG PRBE AWARENESS PROGRAM
A. The Personnel/Employee Relations Department shall publish a policy 1
statement notifying all employees that the City is committed to
maintaining a drug free workplace. This policy statement shall be
given to all persons newly hired by the City during new employee
orientation.
r .
B. The City shall establish a drug free workplace awareness program to
make employees aware of the dangers of drug abuse and the
assistance that is available to combat this problem. This program
shall include an educational component designed to inform employees
of the dangers of drug abuse in the workplace. This program shall
inform all employees of the City's commitment to maintaining a drug
free workplace. The program shall direct employees to seek
assistance through the City's Employee Assistance Program and
inform employees of other community resources available. The
program will further alert employees to the penalties and
consequences they will incur for drug abuse violations in the
workplace.
C. Employess must, as a condition of employment:
1. Abide by the terms of the City's "Policy Regarding Controlled
' Substance Abuse"; and,
2. Notify their Supervisory or Department Director and Director of
Personnel/Employee Relations or designee, of any criminal drug i
statute conviction for a violation (or a plea of no contest)
occurring at tte workplace no later than five (5) days after
such conviction.
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POLIM ADMINIBTRATIVB PROCSDURS/ADMINISTRATI DIRSCTIVE (Continued)
IRSTSRSNCS
TITLE: DRUG FREE WORKPLACE {NUMBER: 108.11
I
D. A Department Director upon receiving notification of an employee's
conviction of a violation (or plea of no contest) must notify the
Director of Personnel/Employee Relations immediately; the Director
of Personnel/Employee Relations will in turn notify the affected
Department Director should he/she be informed. Director of
Personnel/Employee Relations swot ensure that the appropriate
federal funding agency is ootitied of the conviction within ten
(10) days after the City was notified of the conviction.
E. The Omnibus Drug Initiative Act of 1988 requires the City to take
i~ appropriate disciplinary action within thirty (30) days after
receiving notice of an employee's conviction of a violation (or a
plea of no contest) of a criminal drug statute occurring at the
workplace. The disciplinary action may include termination or a
requirement that the employee satisfactorily participate in and
complete a drug assistance or rehabilitation program u a condition
of continued employment. The action taken will be considered on a
case-by-case baste. Such decisions shall include the advice and
counsel of the Personnel/Employee Relations Department and the
Legal Department, and the City's disciplinary and appeals policies
and procedures shall be followed.
I
P. Supervisors who suspect an employee is involved in some illegal
drug related activity will notify their Department Director and
Director of Personnel/Employee Relations or designee immediately to
k determine appropriate actions. All supervisory rersonnel shall
read and be familiar with this policy and the City's Employee
Assistance Program.
C 9
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POLICY/ADMINISTRATIVE PROCEDURE /ADNINISTRATIYE DIRECTIYE (Continued)
PREFERENCE
TITLE: DRUG FREE WORXPLACE INWIR: 108.11
I
APPENDIX I
CITY OF DENTON
POLICY REGARDING CONTROLLED SUBSTANCE ABUSE 1
It is the policy of the City of Denton to provide employees with a working
environment that is free of the problems associated with the use and abuse of
controlled substances. The use of controlled substances is inconsistent with
the behavior expected of employees and subjects the City to unacceptable risks
of workplace accidents or other failures that would undermine the City's
ability to operate effectively and efficiently. The City considers employees r
who use such substances to be less reliable and stable and lacking in good
judgment. Noncompliance with the policy set forth below will result in
disciplinary action.
1. The non-prescriptive use, sale, possession, distribution, dispensation,
manufacture, or transfer of controlled substances on City property or +
j other work sites where employees may be assigned or elsewhere during
vork hours is strictly prohibited. Further prohibited is the use,
sale, possession, distribution, dispensation, manufacture, or transfer
of controlled substances on non-working time to the extent such
activity impairs an employee's ability to perform his/her job or where
such use, sale, possession, distribution, manufacture, or transfer
affects the reputation of the City to the general public or threatens
its integrity. Persons violating the City policy will be subject to
disciplinary action, which may include termination for a first offense.
II. Employees who are convicted of controlled substances-related violations
in the workplace under state or federal law or who plead guilty or polo
contender* to such charges must Inform the Director of Personnel/
Employee Relations or designated representative and Department Director
or designated representative within five (5) days of such conviction or
plea. Failure to do to will result in disciplinary action, including
termination from employment for a first offense. Employees convicted or
pleading guilty or nolo eontendere to suoh drug-related violations must
successfully complete a drug abuse assistance or similar program as a
condition of continued employment or re-employment.
I have read and understand the foregoing policies and agree to abide by the
terms and conditions set forth.
Employee Signature Date
"Controlled Substance" is defined to mean those drugs listed in Schedules I
through V of Section 202 of the Federal Controlled Substances Act, 21 U.S.C.
S 812, and includes, but is not limited to, marijuana, cocaine (including
"crack" and other cocaine derivatives), morphine, heroin, amphetamines, and
barbiturates. When used in this policy, the term "drugs" means "controlled
substances." The term does not include those controlled substances used
pursuant to and in accordance with a valid prescription.
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CITY OF DENTON PAGE L OF a
POLICTIADMI1416TIATIVI PEOCIDURV ADMINUTIATIVE DIEECTIT•
QEFERENCE
SECTION NUMBER:
ME RELATIONS 10?.10
EFFECTIVE DATE
SUBJECT
RMPLOYR9 ITS AND SERVICES 06/20/84
REr~CH
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RMPLOYAR ASSISTANCE GRAM POLICY
POLICY STATEMENT:
It is the policy of the City of Denton to provide counseling, resources ,
assistance, and other support to employees and their dependents who may be
experiencing on- or off-the-yob, personal difficulties that may be affecting
their work performance, work productivity, or ability adversely. It is
recognized that problems not directly related to an employee's job duties and
responsibilities can have a negative effect on that parson's job performance.
In some situations neither the efforts of the employee nor the supervisor have
the desired effect of resolving the employee's performance problem or
unsatisfactory performance. This situation could persist over a period of
time, either constantly or intermittently. In those cases, it is the purpose
of the Employee Assistance Program to provide counseling and assistance to
help the employee resolve their problem.
It is the goal of the City of Denton to assist employees in seeking recourse
to deal constructively with personal or behavioral problems that have or could
adversely affect job performance or fob-productivity. This applies whether the
problem is one of physical illness, mental or emotional distress, marital or
family discord, alcoholism, drug use or abuse/addiction, legal mattera,
financial difficulties, or other concerns.
The Employee Assistance Program is available to all full-time and part-time
employees, their immediate families and dependents.
ADMINISTRATIVE PROCEDURES
1. GENERAL
The purpose of the Employee Assistance Program is to assist employees
to identify on- or off-the-fob personal or behavioral problems that are
adversely impacting their work performance, work productivity, or
ability; to identify and locate appropriate medical, emotional,
physical, financial, legal, or other appropriate resources; and to
{I assist the employee (or family/dependent) in dealing with the problem
in a constructive fashion for a long-term positive solution to the
problem.
F *OW
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Page 2 of 4
POLICY/ADMIIPISTRATIYE PROCEDURE ADMINISTRATIVE DIRECTIVE (Continued)
TITLEi EMPLOYEE ASSISTANCE PROGRAM REFERENCE
NUMBER1 107.10
In moat cases, the employee will overcome such personal problems
independently and the impact on the job will be negligible. In other
instances, normal supervisory assistance may serve either as motivation
or guidance by which such problems can be resolved so that the
employee's fob performance will return to an acceptable level.
A. Referral
When an adverse behavioral problem or unusual job
performance arises, the employee may be referred to theprogram by
_ hie/her supervisor. Employees may independently seek assistance
1 without supervisory referral.
4 B. Confidentiality
Employees and/or dependents seeking assistance through the Employee
Assistance Program are assured that reasonable efforts will be made {
the provide services within strict principles of confidentiality.
The official personnel record of an employee will not include
information concerning an employee's personal or behavioral problem
except as it might apply to specific behaviors that relate to fob
performance and/or disciplinary actions because of violations of
City policies, procedures, rules, ate. All EAP records will be
kept under separate security arrangements in the Personnel/Employee
Relations Department and separate from the employee's official
personnel files. The City will comply with all applicable federal,
state, and local lave regarding the release of records.
C. Use of Vacation, Sick Leave, and Other Leaves of Absence
An employee participating in the RAP may request the use of any
accrued sick leave or vacation to continue receiving pay and
benefits while involved in a program. Employees who have
insufficient accruals of sick leave or vacation may request a leave
of absence without
leave without pay' The use of vacation, sick leave, or a i
pay will be granted in accordance with established
policy giving consideration to the nature of the request and the
needs of the department and City organization. It is the
employee's responsibility during a leave without pay to pay any
life, health, and disability insurance premiuma or other deductions
that normally are deducted from the employee's pay check during
participation in the EAP.
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Page~_of~_
POLICUADMINISTRATIVt PROCEDUR8/ADMINI8TRATIYt DIRIC?IYt (Cooilnued)
IRSPERSNCt
TITLts BMPLOY88 ASSISTANCE PROGRAM jKUM 9R: 107.10
D. Job Performance/Dieclplinary Action
Participation in an 8AP Program will not substitute for improved 1
job performance, job prr,.uctivity, ability, or meeting established
job standards defined by the department. Should an employee's
performance remain at an unacceptable level or not improve within
the time frames established by the supervisor, an employee may
still be subject to disciplinary action up to and including
termination.
8. Consideration for Other Employment Opportunities
The fact that an employee is participating in an RAP Program will
j not be used as a factor in a decision to deny a promotional
opportunity. However, continued employment or promotional
consideration will be dependent upon current satisfactory
performance in the current position and the established
qualifications and selection criteria being used as the basis for a
promotional position. Employees participating in an SAP Program
may compete for open positions based upon their qualifications for f
the position, without consideration, either favorable or
unfavorable, as a result of involvement in the 8AP Program. N
1 ! It. PROCEDURES AND GUIDELINES IN USING THS EMPLOYEE ASSISTANCE PROGRAM
A. To request assistance, an employee, supervisor, or family/dependent
member may telephone or visit the City's Personnel/Employee
Relations Department.
B. Supervisors should use the 8AP to assist and motivate the employee
to take corrective action for an on- or off-the-job personal j
problem that is affsoting job performance, job productivity, or +
ability adversely. Since variations in job performance,
absenteeism, or tardiness are more apparent than their causes, the
role of the supervisor is to identify the specific job performance
problem(s) only and not diagnose their personal problem(s) of the
employee. It is very important for the supervisor to document the
spectfio behavior the employee is demonstrating (i.e., difficulty
in motor functions, slurred speech, stumbling, glassy eyes, odor on
the breath, patterns or absenteeism or tardiness, specific job
related inability to meet established performance standards, etc.)
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Page„3_of 4 _
pTltATIYE PROCEDfLR1~LdDtS1„N'STRATIVE Wall YE (Continued)
KLI
`RBPSREKE
TITLEt EMPLOYEE ASSISTANCE PROGRAM Nif!®ER: 107.10
C. An employee may request, accept, or refuse services from the BAP.
However, it must be clearly communicated to the employee that
refusal to accept a supervisor directed referral to the SAP places
the responsibility to correct any performance problem or other
on-the-job related difficulty directly on the employee.
Employees who are given notice of poor job performance must bring
their performance back to an acceptable standard or they will be
subject to a written agreement made with their supervisor,
disciplinary action, or both, for unsatisfactory performance,
regardless of their level of involvement in the SAP.
0. Payment for Services
Employees requiring in-patient or out-patient substance abuse or
other treatment are responsible for arranging for the payment of
all costs associated with those activities. Some costs may be
funded through available health insurance coverage.
The affected department may choose to assist the employee with a
portion of the financial aspects of a particular program. Payment
for services by a department will be handled on a case-by-case
basis with consideration being given to the employee's cooperation
I in recognising and dealing with the problem in a constructive
manner, compliance with the professional (psychologist,
psychiatrist, o therapy
prescriptions Inordertoaddressoandecorrectthe directions problem.
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CITY 61 DENTGN / 215 E: McKinney / Denton, Texas 76201
MEMORANDUM
TLS: The Mayor and Members of the City Council
FFCM: Lloyd Harrell, City Manager
RATE: June 7, 1989
SUBJECT: APPOIN KR9T OF DEFUN CITY SECRETARY
i
As you know, Cecile Carson was recently promoted to the Administrative
Analyst position and has relocated from City Hall to the Service Center.
This relocation has created a void in the handling and signing of Beer
and Wine Permits as Cecile was authorized to function as the Deputy City
Secretary relative to these permits.
The handling of the Beer and Wine Permits has recently been transferred
from the Planning Department to the Envirom-ental Health Services
Division. As a result of this change and Cecile's relocation, it is
necessary to appoint someone from the Environmental Health Services
Division to function in the role of Deputy City Secretary relative to
Beer and Wine Permits. Therefore, I am reccmwnding that one of our
Sanitarians, Sherry Harper, be appointed a,= Deputy City Secretary.
Respectfully submitted,
4LIHaroel-1
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2358L
RESOLUTION NO.
A RESOLUTION TEMPORARILY CLOSING INTERSTATE 35-E FRONTAGE ROAD,
FROM ITS INTERSECTION WITH AVENUE E TO ITS INTERSECTION WITH
BONNIE BRAE ON JULY 4, 1989; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Richard Gore, representing the Denton Kiwanis Club,
is requesting that Interstate-35E frontage road, from its
intersection with Avenue E to its intersection with Bonnie Brae, a
public street within the corporate limits of the City of Denton,
Texas be temporarily closed to public vehicular traffic between
the hours of 7:00 p.m. to 10:00 p.m. on July 4, 1989, for the
purpose of having the Sixteenth Annual children's clinic Fireworks
spectacular; and
1 WHEREAS, Richard Gore, representing the Denton Kiwanis Club,
has assured the City Council that the Texas Highway Depart- ment
of the State of Texas has agreed to the temporary closing of the
frontage road of Interstate 35-Et NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON:
SECTION I. That Interstate 35-E frontage road, from its inter-
sect-ion with Avenue E to its intersection with Bonnie Brae, a
public street in the corporate limits of the City of Denton, Texas,
be temporarily closed to vehicular traffic from the hours of 7:00
p.m. to 10:00 p.m. on July 4, 1989, for the purpose of having the
fireworks spectacular.
~ SECTION II. That tht City Manager shall direct the appropriate
city department work with the Texas Highway Department in erecting
barricades on Interstate 35-E frontage road, from its intersection
with Avenue E to its intersection with Bonnie Brae, at 7:00 p.m.
and to have the same removed at 10:00 p.m. on said date.
PASSED AND APPROVED this the day of - r 1989.
RAY STEPHENS, MAYOR
ATTEST:
it
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY: LIM" I
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CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566-8200
~~tlQSdP..PeYd
I~
DATE; June 14, 1989
If TO: Lloyd V. Harrell, City Manager
FROM: John re McGrane, Executive Director of Finance
SUBJECT: MAY BUDGET REPORT
The major issue affecting the budget is the health insurance fund deficit, I
All funds are reducing budgeted expenditures in order to help address part of
that deficit. Various departments are currently identifying specific line
item reductions for this fiscal year. It is anticipated that a budget
adjustment ordinance will be submitted to City Council at its second meeting
in July.
An analysis of the General Fund revenues indicates that our overall
1 collections are on target with budgeted predictions. The percent of budget
collections through the end of May was 791, which is the same percentage as
last year. Sales tax collections for the month of May were 324,181, which is
4.13% over the budget for May. The year-to-date collections of 430516,710 are
3.43% over the year-to-date budgeted amounts. A comparison of actual to
actual yeas-to-date collections indicate a jus: under 101 increase. The
i franchise taxes for GTE, Lone Star Gas and Cable TV are $800000 over budget.
It appears to have been a good year for the utility companies.
I
The General Fund expenditures through the :month of May were under budget. The
percent of budget expended or encumbered through the month of May was 61% as
opposed to 63% for the same period last year.
Once again, the major issue affecting this year's budgeted expenditures is the {
reductions required to help offset the health insurance fund deficit. A
' hiring freeze has been implemented. In addition, major expenditures have been
postponed.
If you have any questions or need any further information, please advise.
n F. cGrane
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