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Home My WebLink About09-19-1989 a j s' AGENDA CITY OF DENTOU CITY COUNCIL September 19, 1989 Work Session of the City of Denton City council on Tuesday. September 19, 1989, at 4:00 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the I following items will be considered: Note: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. 4:00 p.m. 1. Hold a discussion regarding the proposed 1989-90 City of Denton Program of Services. 2. Hold a discussion concerning Eagle Point Subdivision 1 street closing area. J 3. Hold a discussion considering request from the City of Argyle for sanitary sewer service. 4. Hold a discussion concerning contracts with hotel/motel tax recipients. 5. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in Denton County vs City and .1n ..Re: Flog,,,. 2. Consider claim of Bolden Triangle Joint Cittuce 6 Pe v_ soya Manny Mo:~ 6 Jack vs. -Y B. Real Estate Under Sec. 3(f), Art 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Act 6252-17 V.A.T.S. 1. Consider appointment of National League of Cities voting delegates. 2. Consider appointments to the Board of Adjustment, Building Code Board, and Animal Shelter Advisory Committee C 3. Consider appointment of a nominee to the Denton Central Appraisal District. 1 s ~ F , City of Denton City Council Agenda September 19, 1989 Page 2 Regular Meeting of the City of. Denton city council on Tuesday, September 19, 1989, at 7:00 p.m, in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Presentations of "Yard of the Month" awards for II~ September. k 2. Consent Agenda: Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in ` accordance with the Staff recommendations. 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 3,A, 3.B, 3.C). This listing is provided on the Consent Agenda to allow Council Members to !!!I discuss any item prior to approval of the ordinance. l A. Bids and Purchase Orders: 1. Bid #9974 P.O. #91019 Change Order for Senior Citizen Center Expansion 2. Bid #1008 - Residential Service Relocation 3. Bid #1012 - Ruddell Street Sidewalk 4. Bid #1018 - Scum Buster Pump B. Plats and Replats 1. Consider a preliminary plat of the Denton Area Teachers Credit Union, Lot 1, Block A, and part of Lot 2, Block B, Baines Addition, and part of Lot 2, Block 25, original Town of Denton, into Denton Area Teachers Credit Union Addition, Lots 1 and 2, Block A. (The Planning and Zoning commission will take action September 13. 1989.) M1 ti v i City of Denton City Council Agenda September 19, 1989 Page 3 3. ordinances A. Consider adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and Landmark Company; and providing for an increase in the contract price. B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. C. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of r,aterials, equipment, supplies or services. D. Consider adoption of an ordinance adopting the `E Annual Program of Services for FY 1989.90. { E. Consider adoption of an ordinance approving the tax rate for FY 1989-90. F. Consider adoption of an ordinances amending the schdule of electric rates and adding a new OL j (Other Lighting), IDR (Industrial Development Rate), and TS (Thermal Storage Rate) rate schedules. (PUB recommends approval.) ( a. Consider adoption of an ordinance amending the Schedule of Rates for Water Service. (PUB recommends approval.) H. Consider adoption of an ordinance amending the Schedule of Rates for. Sewer Service. (PUB recommends approval.) 1. Consider adoption of an ordinance of the City of Denton establishing rates for residential and commercial sanitation collection services as authorized by Chapter 12 of the Code of Ordinances of the City of Denton. 3. Consider adoption of an ordinance of the City of Denton establishing rates for the use of the City's Sanitary Landfill site as authorized by Chapter 12 of the Code of Ordinances of the City of Denton. K. Consider adoption of an ordinance directing the publication of notice of intention to issue City of Denton Utility System Revenue Bonds Series 1989, and directing the issuance and publication of Notice of Sale of said bonds. r 5 city of Denton City Council Agenda September 19, 1989 Page 4 L. Consider adoption of an ordinance of the City council of the city of Denton designating I depositories for City funds for a term beginning 1 October 1, 1989 and ending September 30, 1991. 1 M. Consider adoption of an ordinance awarding a contract for the purchase of software and services from Environmental Systems Research Institute, Inc. (PUB recommends approval.) N. competitive consider adoption of an ordinance acceptitig contracts for the purchase of materials. J equipment, supplies or services. (Data Processing Advisory Board recommends approval.) (Bid 09992 - Computer Hardware). f O. Consider adoption of an ordinance accepting the proposal of Sun Financial Group for life insurance coverage for city employees. P. Consider adoption of an ordinance approving a contract for Boiler and Machinery Coverage. (RFP 01005 - Boiler and Machinery Insurance) Q. Consider adoption of an ordinance approving a contract for Contractor Equipment Floater and Automobile Physical Damage Coverage. (RFP #1006 Self-In4ur.ed Retention Program) R. consider adoption of an ordinance approving a contract for Airport and Hargarkeepers Liability Insurance. (RFP 01006 - self - Insured Retention Program) 4. Resolutions A. Consider approval of a resolution approving year-end budget adjustments for FY 1988-89. B. Consider approval of a resolution approving policy number 107.06, Occupational Injury Benefit ' Program. C. Consider approval of a resolution accepting a grant offer from the Federal Aviation Administration in the amount of $300,000.00 for the construction of drainage improvements at the Denton Municipal Airport. (Airport Advisory board recommends approval.) ti M " City of Denton City Council Agenda September 19, 1989 Page 5 D. Consider approval of a resolution appointing members to the North Texas Higher Education Authority. E. Consider approval of a resolution accepting a grant from the Criminal Justice Division of the Governor's Office for employment of a Police Officer to teach Drug Abuse Resistance Education and authorizing th9 City Manager to execute a contract between the City of Denton and the Governor of the State of Texas for said grant. F. Consider approval of a resolution accepting a grant from the Criminal Justice Division fo the Governor's office for employment of a child abuse investigator and authorizing the City Manager to execute a contract between the City of Denton and the Governor of the State of Texas for said grant. 0. Consider approval of a resolution authorizing a i TraffiatlonLight Synchronization Program Grant promote the conservation of energy resources. I` S. Consider a motion approving budgets of hotellmotel tax i recipients: A. Denton Convention and Visitors Bureau B. North Texas Fair Association ~ Ir C. Denton County Historical Commission D. Denton County Historical Museum E. Greater Denton Arts Council 6. Miscellaneous matters from the City Manager 1. August budget recap. 7. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 8. New Business: This item provides a section for Council Members to suggest items for future agendas. 4 City of Denton City Council Agenda 1 September 19, 1989 1I Page 6 r 9. Executive Session! A. Legal Matters Under see. 2(e), Art. 6252-17 V.A.T.S. 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. I f II f C E R T I F I C A T E 1 I~ I certify that the above notice of meeting was posted an the bulletin board at the City Hall of the City of Denton, o'clock on the day of 198_ at v (a.m.) CITY SECRETARY I 4699H I II 1 fir' F low +;I F 1 y ~ i K l It` I I~ I 1 I If ~ I I I I 4 YSH t wry of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE (817) 688-8307 Office of the Cffy Manager M E M O R A N D U M TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: September 15. 1989 SUBJECT: Action on Myrtle Street We have included all the information from the progress for the Eagle Point Subdivision and the off site p.oblems it might create. What we are looking for from the Council is direction for the staff. As Jerry's information suggests, staff is still concerned about people using Locust and Myrtle to a much larger extent. This would cause us to look at major improvements as well as extensive signalization on Eagle. Both P&Z and the Traffic Safety Support Commission have suggested only closing Myrtle. This is a viable solution if we plan to iaake substantial improvements in the future. As Jerry's information indicates, we think a major improvement to the two Commissions' suggestions would be the traffic improvements at Locust that would allow for only right in and right out movements at Eagle and Locust Streets. We think either option can work and we would like some direction from the Council as to which way staff should proceed. We will proceed in this direction when the Eagle Point Subdivision is submitted in the final platting process. Staff will be available at your convenience to answer any ques ns you might have. Rick Sevhla Deputy City Manager RB:nb 31680 e y CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76101 TELEPHONE (817) 566-8200 MEMORANDUM DATE September 14, 19SJ TO: Rick Svehla, Deputy City Manager f FROM: Jerry Clark, City Engineer~l/~t ls// SUBJECT: Myrtle/Locust - Eagle Point 1 will try to summarize the process that has occurred with the Myrtle/South Locust road effects on Eagle Point. To date, this issue has been considered by City Council, Planning and Zoning, Traffic Safety, and all levels of City Staff. 1 j Our original recommendation is shown as Alternative A. Our feeling then and now is that the infrastructure on Myrtle and Locust will not support the anticipated loading from short cutters, delivery trucks, and others. A new signal at Collins at ft. Worth Drive would provide all the necessary access to that effected area off Ft. Worth urive, Most of the infrastructure problems are significant with potential liability if motorists have mishaps with the narrow roads, deep borrow ditch9s, drainage problems, and most significantly the effects on South Locust at Eagle. Future signalization will create excessive delays at the bell-Eagle intersection as motorists have to travel about LUU' oetween the two future coordinated signals. Tnis action accentuates the geometry problems with the sharp bend at the railroad bridge, the narrowness of that bridge, and heavy traffic volumes to the University of North Texas and the Central Business District. fraific Safety Commission felt that only Myrtle Street should be closed and were urged by staff to limit Daugherty to private access. They accepted that as shown by the plan labeled modified Alternative E. The vice chair, Alice Gore recommended a bull head (traffic island) at Eagle/Locust to eliminate future signalization by allowing right-in right-out movements j only. That was not accepted by frafftc Safety but staff feels the idea is excellent. P' p, Pick Svehla Myrtle/Locust-Eagle Point page 2 'The Planning and Zoning Commission reconsidered ' agreed with Traffic Safety except that Daugherty ewassopened back up. Backup from that meeting and Traffic Safety was expansive and most issues were eliminated by those two bodies. I ggTherefore, we have pared the concepts down according to their alternatives deisacseor Several were not limited uded access they through e were not determined to have merit by Planning and Zoning and Traffic Safety, I If the City Council feels the toads snould be left open, except Myrtle from South Locust to Daugherty, then CIP funds should be allocated to upgrade those roads to safely support two way traffic. Construction of two lane curbed streets with drainage i will ce paid for by reducing all most certain liability exposure. The final issue in our opinion is to limit exposure to future signalization at Locust and Eagle. The bull head c(orsigshtc-in nrunrashnight as would milbe a lion dollarscritical. if Infrastructure worst scenarios occur to this quadrant. 0751E i i f - - - - i i Y is S f ddw read ~ 3 j rrowNI 1 1NIOd 3-IIJV3 ! N X11,1/ G O~ I~ xa3sanN ~ vzzd 4 O i I 1 7;-CD I r N0I1tSS9ffS 01?J10313 Z 6981 \ fling 3Sf~lOH OIQi11S S3Hf11dlf1 dOHS A00 e t. P 71 { y { QO Q BODY SHOP HOUSE SCULPTURES STUDIO BUILT Il j AROLM 1899 I 2 f ~ ELECTRIC SUBSTATION i QAU(;ffM~J ~ o ~Z CLOSE ~PPI~ANNT NURSERY CLOSE ~ EAGLE POINT N UNMAN ABANDON IN E ~ E Hvy AL AREA TMIVE AP A 1 i A I Y y U Y a a C Q~ d BOOM SHOP SCULPTURES STUDIO 1 HOUSE BUILT AROUND \ 1889 f 2 ELECTRIC SUBSTATION r I ; hZ' ~~PLANT NUR RY h PRIVA78 AGGE=S~ oN~'Y EAGLE POINT l WuasstP-Y~ N 1NMIW E aF:ty ALTZAMAlrvc Nwr AREA MAP J ir low 5 I I • I✓ a V aaC 0 4 SIGNALIZE INTERSECTION 1 BODY SHOP SCULPTURES STUDIO HOUSE BUILT 1 AROUND Im EBUILD k ELECTRIC SUBSTATION UGHEUY.J F PIZZA PLANT NURSERY k EI LE POWT INMAN REBUILD E HwY A AREA MAP E ~s I / will" „P 1 1 1 1 ~ . 1 CITY of DENTON, TtXAS 215 E. WKINNEY I DENTON, TEXAS 762011 TELEPHONE(817)566-8200 MEMORANDUM DATE: August 9, 1989 TO: Planning and Zoning Commission 1 FROM: Jerry Clark, City Engineer .a SUBJECT: Traffic Safety Action on South Locust/Myrtle The Traffic Safety Commission listened to several residents and business owners in the South Locust and Myrtle areas responding to proposals A through E as originally presented to City Council and the Planning and Zoning Commission. Overwhelmingly, they were very dissatisfied with all except 1 Alternative E. Staff made a strong recommendation that Alternative A be selected. The main reasoning behind that was the problems that will be created at South Locust and Eagle. Eventually, this will require significant expenditures to upgrade that intersection and synchronize signalization between this intersection and the Bell/Eagle intersection. Significant delay problems will result to motorists traveling the major arterials of Bell and Eagle Drive from this action in )ur opinion. The final recommendation from Traffic Safety was a moaification of Alternative E. In that recommendation, they recommended that Myrtle be closed from South Locust to Daugherty in its entirety and that access to the southernmost house will be maintained, The existing sectian has no use and in fact is dangerous. They also recommended that Daugherty be limited to private access only for the Shelbys between Myrtle and South Locust. Staff was directed to work out some method of design to insure that this would happen. The Traffic Safety ^1 Commission also directed that funds be placed In the Capital Improvements program for upgrading of South Locust north of j Eagle Point. The Eagle Point developer was at the meeting and basically agreed to provide perimeter street paving along his frontage to the intersection of South Locust and Myrtle. The Myrtle location is that from which abandonment or closure of that road will begin. This will leave a significant distance for the City of Denton to provide improvements at least minimally to a 25 foot back to back, two lane, two way roadway up to Eagle Drive. The residents and commissioners were I ~ ir -WW a specific that the roadway was to remain two way. One of the reasonings behind this was to allow residences across the railroad in the Dati;gherty area to cross down into the Eagle Point shopping area without having to exit to Dallas Drive. In summary, our recommendation to Traffic Safety was to select Alternative A as originally proposed in the detail plan and zoning case presented to P E Z. Our secondary recommendation if they felt that Locust should be left open was to provide adequate funds through the CIP to upgrade these roads as soon J as possible including traffic signal modifications at Locust 1 and Eagle Drive. The commission did modify that recommendation to a solution that would provide more practical sense and more practical Implementation than Alternative E. We strongly approve their modifications. 'The price tag for Alternative E would also be slightly reduced in that their recommendation was not to improve Myrtle until that time where ultimately traffic volumes and conditions dictated that increased funding be utilized to provide more capacity. We still feel Alternative A, based on traffic impacts, is the best solution. j Alice Gore, Vice Chairman of Traffic Safety will be at the P $ 2 meeting to provide any backup or input that the commission had recommending its final solution. i L` er i 0733E I 1 i I --or WNW 7 Y V f' t t • CITY of DENTON 1215 E. McKinney I Denton, Texas 76201 MEMORANDUM DATE: August 2, 1989 TO: Citizens Traffic Safety Support Commission FROM: Jerry Clark, City Engineer SUBJECT: SOUTH LOCUST/MYRTLE TRAFFIC MANAGEMENT PATTERNS The area between South Locust, Fort Worth Drive, Eagle Drive an& I-35 has been a fairly sleepy area over the past ten years as development, other than one mini-warehouse location, has been very limited. In the last six months, a major development named Eagle Point has proposed a shopping center for the corner and property surrounding Citizen's National Bank on Fort Worth Drive and I-35. That shopping center would include an Albertson's, a major theater, and many satellite stores that would compliment those two major tenants. This issie was originally considered by Cit;i Council in June at which time they became concerned over traffic patterns and the street closures recommended by staff and accepted by the developer. The developer will have frontage on South Locust all the way from I-35 to just south of the Selby Nursery, Our original recommendation which corresponds to Alternative A was to close South Locust Street from I-35 to Daugherty and also M close Myrtle from its intersection with South Locust to Daugherty, This would force the majority of the traffic to use I Fort Worth Drive as the major access. It would prevent uhort f cuts through the neighborhoods and eliminate heavy impacts on Myrtle and South Locust, Neither street is capable of handling major traffic movements since it has never been officially improved to City standards for pavement widths, radii, or other design features. J Wqq i f rE tl! T Citisens Traffic Safety !support commission August 1, 1989 Page 2 we would like to quickly go through the five alternatives and present a final one that was recently provided to us by a citizen in the area. I will then cover some of the considerations and discuss some issues that significantly affect the South Locust Street route. Alternative A: This was our original recommendation to the developer and City Council. The basic affect of this alternative is to distribute access away from the one small driveway on I-35 with the majority coming from Highway 377. It would also allow the development to have very clean truck access to the Albertson store, the theatre, and the other small stores with very little inner effects from local traffic. There seems to be enough room that some employee parking could also be provided in the rear. This proposed scenario would also help the area north of Daugherty to use the Collins at Fort worth Drive signal and would greatly reduce the need for signalization of South Locust at Eagle, That is a major issue in that it is very close to the Bell/Eagle signalized intersection. Alternatives B 6 C: These alternatives recommend partial closures in the area with only one constant--that being Myrtle street being closed from South Locust to Daugherty. These alternatives would basically I keep access to the Selby Nursery and the substation with the cul-de-sac placed in various locations. This is intended to create a circuitous route through the area utilizing existing streets. There are many cons to these--major of which is the streets, existing as they are today, are not capable of supporting any traffic loads above what they have at this time. Both also limit the ability of the neighborhood if they are using it for access to come from I-35. The major problem with these solutions is that Daugherty is a very small, partially paved road that has significant pedestrian traffic. The nursery people cross between the facilities on the north and south sides. No room exists for expansion of this road without parking being removed and adversely affecting safe exits from buildings. The alternative for each of these would be to go either south of the Selby E Nursery or north of the substation with a cross connecting road to eliminate Daugherty. That would then become a urivate I access only with full public access prevented through some proper design feature. Both alternatives again have many of the same problems in that you have two 90 degree turns for a i Citizens Traffic Safety Support Commission August 1, 1989 Page 3 vehicles to make. This does keep this circuitous route which discourages a great deal of short-cutters, but it also leaves open possible traffic hazards. Proper design methods utilize 300 foot radii and smooth even curves. Trucks would have trouble as more and more people became aware of this route through the back areas if traffic on Fort Worth Drive continues to increase. Alternative D: Alternative D has some merit in that if South Locust is to be closed, the main area to be protected would be the residential neighborhood just north of Collins. This would allow access to all businesses in the area, and closes Myrtle Street and keeps the circuitous method mentioned previously. There again, there is a major chance that you will have many people ending up in areas they had not intended. This continues to use Daugherty as a major cross connection. Again, if this sort of I alternative was selected, we would recommend that Daugherty be moved either south of the Selby Nursery or north of the electric sub-station. This again would increase costs i significantly, but would make the routes much safer. Alternative E: I This alternative would upgrade all roads in the area to meet proper design features and standards. Total costs for this l could be in the range of $2 to $2.5 million. Locust, to be improved as a two lane road, would be approximately $150,000. Myrtle, if right-of-way was not donated, would be 600,000. The Locust/Bell/Eagle signals would be about $100,000, and if the intersection and Bell/Eagle was expanded to include proper capacity under the railroad bridge, you could add an additional $500,000 to $1 million. Upgrade of that intersection is estimated at approximately $500,000 including rerouting turn lanes and relocating medians. Our current plan for this intersection would not be doing major modifications of that sort for another ten years approximately as the recent modifications in 1983 or 1984 seem to be addressing the traffic during all but the heaviest peak hours, The left turn stack has significantly backed past the railroad bridge. This alternative has the heaviest impact on the existing neighborhood and almost guarantees that people living in the area would not be able to maintain their neighborhood. If zoning or continued development of this area into commercial areas !s an ultimate goal of the City, then this is a recommendation that should be followed. It is critical, however, that South Locust be rebuilt with proper design features from I-35 to Eagle, and Myrtle be rebuilt from South Locust to Collins (Highway 377) in its entirety. All I E ,t Citizens Traffic Safety Support Commission August 1, 1989 Page 4 adequate drainage facilities, proper right-of-way dedications, upgrades of intersection radii, traffic control devices, and all other appurtenances are critical to ensure that these alternate routes would function correctly. Alternative F: A final alternative has been recommended by a resident in the area. That would be to upgrade South Locust from I-35 to Eagle to make it either a two or three lane one-way street. The main purpose of this would be to create a direct route into the I Central Business District that would line up and encourage people to go to the Downtown area. That way people heading into that area aould not have to go into the Fort Worth Drive intersection. This would greatly reduce potential conflicts on this road at the intersection of Daugherty, Collins, and Eagle Drive. It would also limit the effects on the shopping center in that many vehicles from the north or eastern edges of town would exit here and utilize Locust to Eagle to access Bell for other connections to the north and eastern parts of town. I Another recommendation was to consider removal of the left turn from Dallas Drive/Bell westbound onto Eagle Drive. That is the heaviest movement at this time. Many North Texas students and faculty apparently use this to gain access to the University of North Texas campus. iie also feel that significant business access to the Central Business District utilizes that same movement. This would force many people to use this new South Locust Street. However, a major benefit would occur if this very sensitive suggestion was considered in that a left turn that currently stacks back and clogs up the inner northbound lane of Dallas Drive/Bell would no longer be a problem, and the widening of the road under the railroad bridge would no longer be en issue. This would place a heavy load on most likely Prairie and Sycamore as people heading to the Central Business District from Dallas Drive would have to look at other routes. People in the downtown area could also wait and use Oak and Hickory or even McKinney if necessary, The worst effects of the whole area would be on those people going to the University of North Texas who woul-+ have to seek another route unless they proceeded further north and used Oak Street to enter the campus from the north. Those are a summary of the alternatives. We have included the entire Planning Department packet that was presented to the City Council for your perusal, I will now go over several issues of the South Locust Street route. t ~ Citizens Traffic Safety Support Commission August 11 1989 Page 5 J Deficiencies 1. The railroad right-of-way existing along one side makes construction of a collector the entire length from I-35 to Eagle--almost the entire route to Eagle--a fairly costly I street in that utilization will only occur on one side. This should make it more efficient but not necessarily obtain a good cost-benefit ratio. This could also limit the future right-of-way expansion in that railroad right-of-way is not normally obtainable and any additional right-of-way would have to be obtained along the west side, which would affect businesses and residents in the areas. r" 2. To place a collector so close to Fort Worth Drive is not proper design. Signalization and intersection pattens along an arterial such as Eagle Drive should be spaced rat much greater distances (one-fourth to one-third mile preferred). The major problem is, of course, the South Locust"Eagle and the Bell/Eagle intersection. 3. The route would go through existing residential areas. The negative effects of major traffic patterns is a zoning { question. 4. The existing road cross section is much t dictates that to meet liability considerations,mathe wroad ( i has to be upgraded and would I a good share of Alternative E push consideration of at least 5. Many borrow ditches on the area are very deep and dangerous. These would have to be eliminated with drainage, fill, and grading work. Proper 6. Signalization issues will be very important in that Bell/Eagle and South Locust/Eagle will have to be re-signali2ed probably within one to two years, It could tend to under-utilize the Collins/Carroll signal which has been recommended for signalization as soon as funds became available. A possible funding method for this has been to include this in with the Highway 377 widening from I-35 to Collins Street. 7. The Elm connection (Highway 377 and Highway 77) between Eagle and Carroll also provides major circulation in the area. We are tending to over-circulate and very heavily i complicate intersection movements with this whole issue. 8. The Myrtle/Daugherty/Locust intersections are circuitous, poorly constructed, and not designed to modern standards. •1 { I Citizens Traffic Safety Support Commission August 1, 1989 Page 6 9. The costs to upgrade Locust and Myrtle are listed under Alternative E. The total cost, however, is in the $2 million to $2.5 million range which is a very major project for Denton. The developer at this time would not be responsible for these costs. We have several other areas of concern that relate to design deficiencies. 1. The major one at this time is Myrtle Street. As you are aware, it was recommended for closure in all alternatives except E. It has to be upgraded in that some places are no more than 15 feet wide, has very deep borrow ditches, and is very dangerous in its current condition. E 2. The Daugherty railroad crossing would be emphasized by an increased emphasis on creating collectors through this area. As we are aware from the daily situations that occur at McKinney, at the railroad, Mockingbird, and Texas Streets, emphasizing railroad crossing through major roads creates significant traffic congestion. Many times major trains pass through town during peak hours such as eight o'clock and five o'clock. Although we have City Ordinances j restricting this, this seems to occur on a regular basis. 3. Creating a major collector that does not run from intersection to intersection. The connection of the andvI-35yintype tersectionconnection notsouth standardeast design t procedures 377 9 procedures and limits the access that would be available to the public at i the Highway 377 and 1-35 interchange. It seems most likely that we should tend to concentrate money and upgrade that intersection versus creating an alternative route that has limited effectiveness. i 4. The truck traffic, especially from Albertson's delivering the produce and supplies, would be in conflict with collector traffic. Alternative/Future Upgrades: The City of Denton is considering upgrading Highway 377 between I-35 and Collins Street where Carroll Boulevard currently terminates. That would give us a minimum of four-lane divided thoroughfare with a median and turn lanes. One of the major problems on Fort Worth Drive is the many driveways and no left turn lanes to get left turners out of the thru lanes. The drive-ways need to be upgraded to modern standards including elimination of lay-down curbs. Medians would limit access to special points. The intersection of Lindsey at Highway 377 I s P Citizens Traffic Safety Support Commission August 1, 1989 Page 7 would also be signalized by the Eagle Point developer. This will allow another safe access point in addition to the Collins signal. These would seem to be a major positive for the area and address many of the issues that people are trying to build an alternative route to. This project could be given emphasis and even consideration to widening to a six lane with traffic control devices properly constructed at the intersection of I-35 until that bridge cau be upgraded to six lanes, Again, it is our recommendation that you should spend your money on the major arterials and at the major intersections where we feel you get more results for the money. Creating short-cuts and alternative routes can be ' effective for a while, but ultimately the traffic management through these sort of systems can be very difficult and create more problems to solve than you had in the firs` place. Another future connection would be the road coming through the Raynor Addition to Myrtle/Daugherty. This would affect another neighborhood. Commercial uses have already been platted throughout the area. This would continue to give people the access from Fort worth Drive through a lightly traveled area. Developments in this area would not be of the magnitude as the { Albertson's or the theatre. Truck traffic going to Selby's and { the Auto shops would also be under much safer traveling conditions. That also brings up a major issue in that the current route traveled by the Selby trucks and others is very winding with radii far below minimums. It is very questionable whether such a route would function as well as people think it has today under increased traffic loads. A major improvement for this area would be the signalization of Collins at Carroll/Fort worth Drive and Lindsey at Fort worth Drive. These will give two very safe connections to the major arterial where the existing conditions during peak hours create a very challenging movement to obtain safe access to Highway 377. Finally, the alternative to Daugherty north of the sub-station or south of the Selby Nursery would provide an alternative to a very unsatisfactory road for traffic above 200-300 vehicles a day. The Selby Nursery has significant pedestrian traffic. Across Daugherty there is no room to obtain the proper 24 foot road and still maintain existing parking, and the turns are very f adiisharp and will not allow for proper design intersection radii. in summary, we have looked at many issues for this area. i Placing a major development into an existing area always creates a need for City to reassess its planning efforts and consider all alternatives before going ahead with an issue or an alternative that may greatly affect its future. The i Citizens Traffic Safety Support Commission August It 1989 Page 8 Engineering staff feels that the on Alternative A has many merits, if that aissnor acceptable,ethen we would recommend either Alternative E with complete upgrade of the entire area or consideration of the one-way issue and possible modifications of the Sell/Eagle intersection, Thanks for your consideration. F Jerr M6 wp I Attachments 32938 I i 'I i E i I I II r low r CTSSC MINUTES " August 7, 1989 page 2 Iwuchukwu said the fence does not presently pose a major traffic problem. It does have future potential hazards when the subdivision is fully developed. There is a great chance when that happens the speed would exceed 35 mph. If that happens, the length of perception reaction time for traffic coming east bound and traffic traveling south bound on Crestmeadow would be 120 feet. The speed limit would have to be reduced in order to provide enough eight site stopping distance. Iwuchukwu said the reason the fence was not caught in time was that Feucht did not obtain the regular permit before building the fence, Frances Laforte asked if the transparency was drawn to scale. If so, 100 feet would be cut off. Feucht said it was not not drawn to scale. He said the fence was 25 feet from the curb so it was close to scale of 11 " 20 feet. Gore asked what the city's liability would be in case of an accident if it was proven the accident was caused by site distance. Iwuchukwu said the City would be partially liable. Erwin asked if the modification was allowed and a year from now the City asked the owner to remove the fence whether that would be possible. Iwuchukwu said it would be difficult to enforce. Feucht said originally when the building permit was applied for there was no intentions of having a fence. The buyer asked that the f fence be built and a permit was obtained. ! Gohlke asked if a permit was issued for the fence. Iwuchukwu said f the fence was not on the plan when the building permit was applied for. The fence was put in after the fact. Commissioners asked to see the fence permit and discussion was tabled until the permit was obtained. After the original permit was presented along with the inspectors report, commissioners reviewed the material and Gohlke called for a vote. STAFF RECOMMENDEDi Comply with subdivision regulations of 25'x25' for corner clip COMMISSIONERSi Alice Gore made a motion to accept staff recommendation and David Graham seconded the motion. Motion passed unanimously. ITEM III. EAGLE POINT SUBDIVISION (ALBERTSON STORE)CLOSING PORTIONS OF SOUTH LOCUST AND MYRTLE STREETSs Jerry Clarke City Engineer pr,,.sented the request. Clerk said the Mayor and City council asked the Citizens Traffic Safety Support i 1 w CTSSC MINUTES August 7, 1969 page 3 Commission to conduct a tra,ific impact capacity street analysis, to review Myrtle and Lo,:uet Streets closure and abandonment alternatives, and to make a recommendation accordingly to the J Planning and Zoning Commission. 1 Street closures recommended by staff and accepted by the developer are for the developer to have frontage on South Locust all the way llI from 235 to just south of the Selby Nursery. Staff's original 1 recommendation which corresponds to Alternative A was to close South 1111 Locust Street from 135 to Daugherty and also close Myrtle from its intersection with south Locust to Daugherty, This would force the i majority of the traffic to use Fort Worth Drive as the major it access. It would prevent short cuts through the neighborhoods and eliminate heavy impacts on Myrtle and South Locust. { The following alternatives cover some of the considerations and issues that significantly affect the South Locust Street route. Alternative A• 1 This was our original recommendation to the developer and City Council. The basic affect of this alternative is to distribute access away from the one small driveway on I-35 with the majority coming from Highway 377. it would also allow the development to have very clean truck access to the Albertson store, the theatre, WA I and the other small stores with very little inner effects from local traffic. There seems to be enough room that some employee parking could also be provided in the rear. i This proposed scenario would also help the area north of Daugherty to use the Collins at Fort Worth Drive signal and would greatly reduce the need for signalization of South Locust at Eagle. That is a malt, issue in that it is very close to the Bell/Eagle signalized intersection. I Alternatives B i Ci i These alternatives recommend partial closures in the area with only one constant--that being Myrtle street being closed from South Locust to Daugherty. These alternatives would basically keep access to the Selby Nursery and the substation with the cul-de-sac placed in various locations, This is intended to create a circui;.ous route through the area utilizing existing streats. Theta are many cons to theae--major of which is the streets, existing as they are today, 4 are not capable of supporting any traffic loads above what they have at this time. Both also limit the ability of the neighborhood if they era using it for access to come from 1-35. The major problem with these solutions is that Daugherty is a very small, partially paved road that has significant pedestrian traffic. The nursery people cross between the facilities on the north and south sides. No room exists for expansion of this road without parking being removed and adversely affecting safe exits L) I F I CTSSC MINUIES August 7, 1989 page 4 from buildings. The alternative for each of these would be to go either south of the Selby Nursery or north of the substation with a cross connecting road to eliminate Daugherty. That would then become a private access only with full public access prevented through some proper design feature. Both alternatives again have many of the same proilems in that you have two 90 degree turns for vehicles to make, This does keep this circuitous route which discourages a great deal of short-cutters, but it also leaves open possible traffic hazards. Proper design methods utilize 300 foot radii and smooth even curves. Trucks would have trouble as more and more people became aware of this route through the back areas if traffic on Fort Worth Drive continues to increase. Alternative D: Alternative D has some merit in that if South Locust is to be closed# the main area to be protected would be the residential neighborhood just north of Collins. This would allow access to all businesses in the area, and closes Myrtle Street and keeps the circuitous method mentioned previously. There again, there is a major chance that you will have many people ending up in areas they had not intended. This continues to use Daugherty as a major cross connection. Again, if this sort of alternative was selected# we would recommend that Daugherty be moved either south of the Selby Nursery or north of the electric sub-station. This again would increase costs significantly, but would make the routes much safer. i Alternative Er This alternative would upgrade all roads in the area to meet proper I 111 design features and standards. Total costs for this could be in the range of $2 to $2.5 million. Locust, to be improved aia a two lane I road, would be approximately $350,000. Myrtle, if right-of-way was not donated, would be $600,000. The Locust/Bell/Eagle signals would be about $100400, and if the intersection and Bell/Eagle was expanded to include proper capacity under the railroad bridge, you could add an additional $500,000 to $1 million. Upgrade of that intersection is estimated at approximately $500,000 including rerouting turn lanes and relocating medians. Our current plan for this intersection would not be doing major modifications of that sort for another ten years approximately as the re.ent modifications in 1983 or 1984 seem to be addressing the traffic during all but the heaviest peak hours. The left turn stack has significantly becked past the railroad bridge. This alternative has the heaviest impact } on the existing neighborhood and almost guarantees that people { living in the area would not be able to maintain their neighborhood. If zoning or continued development of this area into commercial areas is an ultimate goal of the City, then this is a recommendation that should be followed. It is critical, however, that South Locust be rebuilt with proper design features from I-35 to Eagles and Myrtle be rebuilt from South Locust to Collins j (Highway 377) in its entirety. All adequate drainage facilities, proper right-of-way dedications, upgrades of intersection radii, a1 I r CTSSC MINUTES August 7, 1989 page 5 traffic control devices, and all other appurtenances are critical to ensure that these alternate routes would function correctly. Alternative Fa A final alternative has been recommended by a resident in the area. That would be to upgrade South Locust frcm I-35 to Eagle to make it either a two or three lane one-way street. The main purpose of this would be to create a direct route into the Central Business District that would line up and encourage people to go to the Downtown area. That way people heading into that area would not have to go into the F Fort Worth Drive intersection. This would greatly reduce potential conflicts on this road at the intersection of Daugherty, Collins, and Eagle Drive. It would also limit the effects on the shopping center in that many vehicles from the north or eastern edges of town would exit here and utilize Locust to Eagle to access Bell for other connections to the north and eastern pares of town, Another recommendation was to consider removal of the left turn from Dallas Drive/Bell westbound onto Eagle Drivee That is the heaviest movement at this time. Many North Texas students and faculty apparently use this to gain access to the University of North Texas campus. We also feel that significant business access to the Central Business District utilizes that same movement. This would force many people to use this new South Locust Street, However, a major benefit would occur if this very Sensitive Suggestion was considered in that a left turn that currently stacks back and clogs i up the inner northbound lane of Dallas Drive/Bell would no longer be a problem, and the widening of the road under the railroad bridge ` would no longer be an issue, This would place a heavy load on most likely Prairie and Sycamore as people heading to the Central Business District from Dallas Drive would have to look at other routes. People in the downtown area could also wait and use Oak and Hickory or even McKinney if necessary. The worst effects of the whole area would be on those people going to the University of North Texas who would hove to seek another route unless they proceeded further north and used Oak Street to enter the campus from the north. Those are a summary of the alternatives. We have included the entire Planning Department packet that was presented to the City Council for your perusal. I will now go over several issues of the South Locust Street route. Deficiencies 1 The railroad right-of-way existing along one side makes construction of a collector the entire length from I-35 to Eagle--almost the entire route to Eagle--a fairly costly street in that utilization will only occur on one side. This should make it more efficient but not necessarily obtain a good cost-benefit ratio, This could also limit the future right-of-way expansion in that railroad right-of-way is not normally obtainable and any additional i a C'TSSC MINUTES August 7, 1989 page 6 right-of-way would have to be obtained along the west stde, which would affect businesses and residents in the areas. To place a collector so close to Fort Worth Drive is not proper design. Signalization and intersection patterns along an arterial J such as Eagle Drive should be spaced at much greater distances (one-fourth to one-third mile preferred). The major course, the South Locust/Eagle and the Bell/Eagle intersection. lis, of The route would go through existing residential areas. The negative effects of major traffic patterns is a zoning question. I The existing road cross section is much too small which dictates r that to meet liability considerations, the road has to be upgraded and would push consideration of at least a good share of Alternative r E. I ~ Many borrow ditches on the area are very deep and dangerous. These would have to be eliminated with proper drainage, fill, and grading 1 work. i j Signalization issues will be very important in that Bell/Eagle and 4 South Locust/Eagle will have to be re-signalized probably within one to two years. It could tend to under-utilize the Collins/Carroll ' signal which has been recommended for signalization as soon as funds became available. A possible funding method for this has been to i include this in with the Highway 377 widening from I-35 to Collins Street. The Elm connection (Highway 377 and Highway 77) between Eagle and f Carroll also provides major circulation in the area. We are tending if to over-circulate and very heavily complicate intersection movements ( with this whole issue. i The Myrtle/Daugherty/Locust intersections are circuitous constructed, and not designed to modern standards. Poorly The costs to upgrade Locust and Myrtle are listed under Alternative E. The total cost, however, is in the $2 million to $2.5 million range which is a very major this time would not be responsible eforfthe a costs, The developer at Several other areas of concern that relate to design deficiencies are as followsr. The major one at this time is Myrtle Street. As you was recommended for closure in all alternatives except Ere It has to be upgraded in that some places are no more than 15 feet wide, has very deep borrow ditches, and is very dangerous in its current condition. The Daugherty railroad crossing would be emphasized by an Increased emphasis on creating collectors through this area. As we are aware from the daily situations that occur at McKinney, at the railroad, I i f f 1 CTSSC MINUTES August 7, 1989 page 7 Mockingbird, and Texas Streets, emphasizing railroad crossing through major roads creates significant traffic congestion. Many times major trains pass through town during peak hours such as eight o'clock and five o'clock. Although we have City Ordinances restricting this, this seems to occur on a regular basis. Creating a major collector that does not run from intersection to intersection. The connection of the drive-way type connection south f and east of the Highway 377 and 1-35 intersection is not standard design procedures and limits the access that would be available to the public at the Highway 377 and I-35 interchange. It seems most likely that we should tend to concentrate money and upgrade that intersection versus creating an alternative route that has limited ` effectiveness. 4 The truck traffic, especially from Albertson's delivering the produce and supplies, would be in conflict with collector traffic. e4 Alternative/Future Upgradesf The City of Denton is considering upgrading Highway 377 between I-35 ~ and Collins Street where Carroll Boulevard currently terminates, That would give us a minimum of four-lane divided thoroughfare with a median and turn lanes. One of the major problems on Fort Worth ` Drive is the many driveways and no left turn lanes to get left I turners out of the thru lanes. The drive-ways need to be upgraded to modern standards including elimination of lay-down curbs. ' Medians would limit access to special points. The intersection of j Lindsey at Highway 377 would also be signalized by the Eagle Point developer, This will allow another safe access point in addition to the Collins signal, These would seem to be a major positive for the area and address many of the issues that people are trying to build an alternative route to. This project could be given emphasis and even consideration to widening to a six lane with traffic control devices properly constructed at the intersection of 1-35 until that bridge can be upgraded to six lanes. Again, it to our recommendation that you should spend your money on the major arterials and at the major intersections where we feel you get more results for the money, Creating short-cute and alternative routes can be effective for a while, but ultimately the traffic management through these sort of systems can be very difficult and create more problems to solve than you had in the first place. Another future connection would be the road coming through the Raynor Addition to Myrtle/Daugherty, This would affect another neighborhood* commercial uses have already been platted throughout the area. This would continue to give people the access from Port Worth Drive through a lightly traveled area. Developments in this area would not be of the magnitude as the Albertson's or the theatre. Truck traffic going to Selby'a and the Auto shops would also be under much safer traveling conditions, That also brings up a major issue in that the current route traveled by the Selby trucks g CTSSC MINUTES t - August 7, 1989 ' page 8 and others is very winding with radii far below minimums. It is f very questionable whether such a route would function as well as 1 people think it has today under increased traffic loads. A major improvement for this area would be the signalization of Collins at yl Carroll/Fort Worth Drive and Lindsey at Fort Worth Drive. These will give two very safe connections to the major arterial where the existing conditions during peak hours create a very chn1 lenging movement to obtain safe access to Highway 377. Finally, the alternative to Daugherty north of the Sub-station or south of the Selby Nursery would provide an alternative to a very unsatisfactory road for traffic above 200-300 vehicles a day. The Selby Nursery has significant pedestrian traffic. Across Daugherty there is no room to obtain the proper 24 foot road and still maintain existing parking, and the turns are very sharp and will not allow for proper design intersection radii. 1 The developer will be installing a signal at Lindsey and Ft. Worth Drive as part of his development. There will be turn lanes for southbound Ft. Worth Drive to get people safely in and out of the travel lanes. The developer is being asked to pipe his own water all the way up Myrtle to Collins where there is a major pipe system that drains Ft. Worth Drive and Carroll eventually dumping into Pecan Creek. The Planning and Zoning Commission considered the detail plan and approved it with Alternative A as a reasonable method of traffic control. The City Council looked at it in June and after input from some residents felt that it needed another look, It was taken back to the Planning and Zoning Commission approximately 3 weeks ago where they had a study session and made no recommendation waiting on { CTSSC to give direction to theme it is going to be a hurry up deal because the developer has been delayed a significant time but P i Z will consider CTSSC recommendation at their next meeting and would like a representative from CTSSC to present its recommendation, r Clerk said the City was given some additional funds to consider for improvements. The State Highway Department originally required the city to participate approximately 101 of their projects. Curb and guttering and longitudinal drainage is what was paid, The State eliminated that requirement 2 years ago. The participation money not used on the south and could be used if the City Council deems It proper to use to rebuild Fort Worth Drive from 135 up to Collins. This seems to be acceptable from the major decision makers of the City, A four lane divided road would be constructed versus a four lane to get left turners out of the way of through traffic giving a significant increase in capacity. If the project takes place, it I would address the driveway issues. Instead of having a driveway every 1010 we would tend to selectively talk to businesses and design driveways that would allow the same sort of access. Although, there would not be a median opening all the way up and down Fort Worth Drive. They would have to utilize Lindsey Street signal and there could possibly be one median cut in between 135 and CTSSC MINUTES August 7, 1989 ` page 9 i Lindsey but this would have to be carefully considered. All the way up to almost Collins there would be a great reduction in driveways. There would be more right-in right-out driveways eliminating conflicts making a safer road. Rick Harrier came forward to discuss Alternative F which he had presented. He said we should think of what is best for Denton for the future. There is not a good way at present to get downtown. Any changes with the railroad track would cost a lot of money and cause a lot of trouble in repairs etc. The best solution would be to get off 135 and go down Locust. There would be no stop lights i until you get to Eagle/Locust which there are two intersections too close. These intersections could be redesigned into a circle type intersection with left turn lanes. This section of town is a little under developed and an eye sore. If there were more people going downtown, sooner or later property owners would want to build that up and that should be our ultimate goal. Nancy Martin, Mr. and Mrs. Johnny Miller, Cathy Gray, Richard Selby and George Selby came forward and spoke in opposition of closing South Locust. All felt if traffic was cut off of South Locust they would not be able to survive. Clark said it appears that the residents do not mind the traffic and staff does not want to place a hardship or put anyone out of ; business. i Commissioners discussed the various alternativese Erwin asked under Alternative E whether Locust and Myrtle are to be rebuilt all the way. would it be necessary to rebuild the southern end, the western portion of the Selby's property, could that portion be closed make renovations as needed on Locust then when money is available renovate the Myrtle section. Clark said this would be a good approach. If this option is chosen, Daugherty should be shut down between Myrtle and South Locust. Whatever money is spent it should be spent on South Locust and Daugherty should also be looked at with some future plan. Erwin asked if the western portion is not improved could the dirt road on the Selby's property between Myrtle and Locust be closed. Clark said if this were agreeable with the Selby's, George Selby agreed with this option. Clark said that Daugherty could be limited to access only to the Serby's nursery limiting through traffic to Myrtle. Erwin asked if this portion of Daugherty could be deeded back to the Selby's. Clark said the City would abandon it by plat or by document and the street would go to the joining property ' owner. In this case, it s+ould be the Selby's because they own property on both sides of the toad. Erwin asked Selby if that would be a problem for him. Selby agreed with this alternative. i i h F low CTSSC MINUTES August 7, 1989 R ' page 10 George Kline, one or the developers of Eagle Point Shopping Center, came forward to address the commission. He said they have agreed with the City to put drainage in taking care of all the water in the development just short of Lindsey street. They have agreed to put in a left hand turn lane along with a signal light at Lindsey. Several discussions have been held on Locust and Myrtle streets. It was their determination, along with Albertson, that Myrtle street between Locust and Daugherty had no use. It is not needed for the development. Mr. Selby has access from Locust and Daugherty which i' seems adequate, That little portion of Myrtle should be abandoned. He said they know the requirements are regardless of which recommendations to arrived at. Gohlke asked the citizens present if they agreed with Alternative E with the closing of Daugherty between Myrtle and Locust and the limiting of traffic on Myrtle. All agreed. STAFF RECOMMENDED: Alternative A I COMMISSIONERS: Erwin made a motion to accept Alternative E with the closing of Daugherty between Myrtle and Locust and the limiting of traffic on Myrtle with a stipulation that Locust be upgraded and Myrtle as funds are available. Gohlke asked Clark if staff will come up with a way of enforcing this plan. Clark said this would be done with signage and he would work with the Shelby's on the closing of Daugherty. Marilyn Smith seconded the motion. Motion passed unanimously. ITEM 4 REQUEST FOR TRAFFIC SIGNAL AT THE INTERSECTION OF FORT WORTH DRIVE AND ACME STREET: 1 Paul Iwuchukwu presented the request, He said area business } operators are requesting signalization of the intersection of Fort Worth Drive and Acme Street, They say it is getting increasingly difficult and dangerous to enter or cross Fort Worth Drive from Acme Street, Staff has conducted a traffic signal warrant study at the intersection, The result shows that a traffic signal is warranted. Staff observation was that even at off-peak hours, the heavy vehicular traffic on Fort Worth Drive makes it very difficult to cross or enter Fort Worth Drive from Acme. Major businesses in the area includes Piggly Wigglyr Paylois Cashways, Acme Stick, a Mobil 011 diet ributorshtp, two gas stations and one transmission shop, These are all high traffic generators. Also, Acme Street is a gateway to a major residential neighborhood with a big Elementary School and a municipal park. One of the potential problems with signalization of Acme and Fort Worth Drive is its proximity from the I-35E and Fort Worth Drive signal. This implies additional expenditure because the two signals 1 1 L/ i DRAFT P&Z Minutes August 9, 1989 Page 3 Ms. Brock asked the basis of the opposition in the reply forms. Ms. Evans stated that it was not specified. Possibly the respondents did not understand what a plat is for. In favor: none present. Opposed: none present. Chairman Brock closed the public hearing. Mr. Engelbrecht moved to recommend approval of the replat of the W. W. Wright Subdivision. Seconded by Mr. Holt and unanimously carried (7-0). { VII. Consider a recommendation from the Traffic Safety Committee concerning closing portions of Locust and Myrtle Streets and the conditions which would trigger such closure. STAFF REPORT: Mr. Clark reported that the Traffic Safety Committee (TSC) considered the alternatives and recommended a modification of Alternative E which would close Myrtle Street between South Locust and Daughtery. A private cul-de- sac may be necessary. South Locust would provide access to Eagle Point. The developer would do perimeter paving on South Locust. Mr. George Klein was present at the TSC meeting to represent the developer. A portion of S. Locust is in bad shape and the TSC also recommended that CIP money be devoted to the street improvement as soon as possible. There will be extra volume at the Locust/Eagle intersection and a traffic signal may be needed. Mr. Clark stated that the staff is still recommending Alternative A which is to close S. Locust and abandon it at Eagle Point to Daughtery. The monetary impact of leaving S. Locust open could be very high and the money should be spent on Fort Worth Drive. He added that flyers were passed out to people in the area. They wanted to keep traffic going by their business so neighborhood protection may not be a big issue in this instance. If the Commission feels that Fort Worth Drive is of more importance, Collins could be upgraded as well. These issues will be considered in the CIP. Fort Worth Drive is scheduled to be the first upgrade in the area, Some potential problems could be addressed by signalization. Mr. Clark continued that the people who actually came to the TSC meeting were opposed to eliminating traffic in the neighborhood. They also talked about designing a connection from Locust to Myrtle and upgrading Myrtle above Daughtery. l i 4 V r ti DRAFT PdZ Minutes August 9, 1989 Page 4 J Mr. Glasscock asked if Locust would be scheduled as the next project after Fort Worth [give in the CIP. Mr. Clark answered that it would depend on the Commission's and Council's decisions. If the Commission chooses f Alternative E, money may need to be allocated to improve safety problems. If Locust is left open, the developer will be required to pave and gutter it along his frontage. Temporary lights could be used at Collins until funds are available for permanent ones. Mr. Engelbrecht asked how much more traffic would be at Collins and Eagle. ` Mr. Clark replied that it will not be affected much if Alternative A is selected. Signalization will probably be needed at Collins and Locust. Locust should be two-way ` i between Eagle and I-35. It will be used to access downtown. ! I The road will be used a lot and there will be problems having signals so close together on Eagle. People will have to wait longer at the lights. Ms. Morgan stated that she believes it would be dangerous to signalize and upgrade Locust. It would be better for traffic to use Fort Worth Drive. It is larger and wi"il be even nicer after an upgrade. Alice Gore, vice-chairperson of the TSC, stated that in their consideration, Locust will not be used that much more in the near future. People who live in the neighborhood will use Albertsons and people that live elsewhere will go to stores closer to their homes. The TSC does not foresee a problem on Locust Street by leaving it open and upgrading it as funds become available. Someone at the TSC meeting suggested that Locust be a lead-in to the city's center. She said t.iat she disagrees with that because of the expense. Another lead-in is not needed. If Locust is left open with some improvement, an excessive amount of traffic is not foreseen. The biggest housing additions near Albertsons are either south or west of it and the people will be using I-35. There are businesses that need the use of Locust. A solution to the signal at the corner of Locust and Eagle, is to do a blockade drive where concrete is pored allowing a right hand turn off of Eagle to get on to Locust and the turn would be such that no one going north on Locust could get into that cut and would have no alternative but to make a right hand turn onto Eagle and be cycled to the light. A sign could be put up at the corner of Collins and Locust saying that all outlet traffic must turn right. This will prevent having to spend a lot of money to signalize that intersection that is already a problem. i f f 1 T-V 1 E i p 1 DRAFT PSZ Minutes August 9, 1989 Page 5 Ms. Gore said that people that need to got to someplace west of the Eagle/Locust intersection would have to use Collins. People cannot always have direct access to every single point in town and it is not uncommon to have to take short detours in most subdivisions. Mr. Engelbrecht asked about blocking Locust Street at Collins. Ms. Gore replied that if someone does not have business on I Locust they probably would not be on it and it would be unfair I to the existing businesses. Blocking the street would also 1 inhibit further development in the area. Locust will not I become a problem in the next 10-15 years. Options should be k left open. The street can always be closed at a later date. Mr. Engelbrecht stated that Fort Worth Drive is a problem and it will be worse when the shopping center opens. Locust will get more traffic just because it is there. I Ms. Gore agreed that it will be used more but it will not be 1 a major problem because most of the people using Albertsons live south and west of it. Ms. Brock said that street improvements will be done in conjunction with the development. Mr. Kiker asked if other businesses developing in the area would be required to do street improvements if Locust Street is left open. She wondered if that might be of benefit to the City from a financial standpoint with future improvements. I Mr. Clark answered that regardless of what the Commission decides, a 25 foot back-to-back street is not much bigger than a fire lane. Melba Miller, 1008 S. Locust, stated that she runs a plumbing company out of hor which faces onto Locust. She said that she does not think the new store will increase traffic significantly. She agreed that most people will shop at the E store nearest to their homes. She asked the Commission not to close Fort Worth Drive. Mr. Engelbrecht asked Ms. Miller if she would be concerned if the traffic on Locust Street was doubled. Ms. Miller said no, there are not that many kids in the area. I I r low 1 i t I V - jc= PSZ Minutes August 9, 1989 Page 8 Nancy Martin, 1024 S. Locust, stated that her husband runs a welding business out of his house on the corner of Collins and Locust. They favors the TSC recommendation which would leave Locust Street open. They are not concerned about more traffic ; in the area because it will benefit their business and the community as a whole. She said that they do not favor the staff recommendation. Mr. Engelbrecht asked Ms. Martin if she was willing to live h with the increased accident rate that will result from the additional traffic. I ` Ms. Martin answered that accidents occur anywhere that people ` do not drive carefully. Mr. Engelbrecht clarified that he was referring to Locust Street only. .1 Ms. Martin said that she could live with it. Richard Selby, 1500 Ridgecrest, stated that along with his r parents they run Selby Greenhouses which has a nursery on each side of Daughtery and are bounded by Myrtle on the west and Locust on the east. Their property is pie shaped and is backed up by the City Electric Substation. They have y considered the question of having Daughtery closed in front of them and getting a deed to it and have decided that it is probably not a good idea. Not very many people use Daughtery I~ in front of their business except their customers and they would like for their customers to have access to them from both Locust and Myrtle. It would also be an inconvenience to I the people that live along Myrtle. Those people may not even be aware of the proposed street closing. There is a State ` School halfway house gust north of the corner of Daughtery and Myrtle which has a 40 or 50 foot school bus that transports children every day. They have a very difficult time getting j in and out as it is and if the corner of Myrtle and Daughtery were closed the bus would almost have to back all the way down Myrtle. Mr. Selby said that he would like to see the small portion of Myrtle on their west side which is a mass anyway and have the rest of Myrtle and all of Locust open and have Locust improved when possible. It would be bettor to wait I and see what happens rather than taking rash steps that might not be in the City's best interest later on. a DRAFT 1 PsZ Minutes August 9, 1989 Page 7 Mr. Holt stated that he does not like the idea of the City making a decision to do something just because not doing it will cost money. It is the City's duty to provide services. There was a need at Texas Instruments and the City responded to it. There is a need at Albertsons. The City increases in size and adds streets all the time. If Locust is closed it would kill development in the area which is desired under the Development Plan's compact growth policy. Eagle Point could inspire other development in this area. Keeping Locust open could be a blessing in disguise. He continued that he does i have a problem with a stop light at Eagle and Locust. He agreed that most people shopping at Albertsons ;rill be leaving to the south. Locust can always be closed at a later date, J He moved to recommend the modified Alternative E as suggested J by the TSC. Ms. Morgan asked if the alternative means that the City will E redo the streets. Mr. Glasscock said that they could try to Y get it in the CIP. II Ms. Brock asked Mr. Holt if he was recommending the private access to the Selby Greenhouses. Mr. Holt withdrew his motion. He said that he meant to move that Locust be kept open, Myrtle be closed from Daughtery south to Locust and the north end of Myrtle from Daughtery to Fort Worth Drive be kept open. Daughtery from Locust to Fort Worth Drive should also be kept open. Seconded by Mr. j Glasscock. Mr. Engelbrecht clarified that the motion does not include the suggestion made by Ms. Gore about the right turn only at the Locust/Eagle intersection. Ms. Morgan said that she is concerned about the amount of traffic on the street between the nurseries. i ` Ms. Brock said that another causeway could be opened up later on if necessary and that portion of Daughtery could becom private driv e a e. Mr. En elbroc 9 hL asked if closing Myrtle implies selling the ~ right-of-way. Mr. Robbins said that it would be up to the City to do that ~ I G 1 DRAFT Pd,Z Minutes August 9, 1989 Page 8 Mr. Engelbrecht said that it would not be an appropriate action until traffic patterns in the area become more clear. Then the City would still have the open of reopening the road. Ms. Evans said that the right-of-way may be prescriptive. Mr. Kamman asked if there has been a traffic count on Myrtle. Mr. Clark said no. Ms. Brock stated that when talking about compact growth and revitalization, access is important. Motion carried unanimously (7-0). ti I r If i l I ~ A , 1 F f C~ I f I h I I r~ I I 'HHHEE J a4-i r . September 19, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: DISCUSS CITY OF ARGYLE'S REQUEST FOR WHOLESALE WASTEWATER, SERVICE. RECOMMENDATION: For discussion purposes only. ~1 r SUMMARY: Attached is a letter from the Mayor of Argyle requesting wholesale 1 wastewater service. The Public Utilities Board and Staff have had several meetings with Argyle representatives over the past several years regarding such service, and it appears conditions are appropriate in Argyle at this time to move forward. Since the Upper Trinity Regional Water District (UTRWD) has been created, it may be in the best interests of Argyle and Denton for Argyle to contract for such sewer service via the UTRWD. Denton would of course still probably transport and treat Argyle's wastewater, but via a contract with the UTRWD. The Public Utilities Board is planning an early meeting September 19th to discuss this, and Staff will have additional information to review with the Council at the September 19th study session. ~1 I PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: ' Denton Municipal Utilities, Public Utilities Board, Legal Department, City Council, City of Argyle, Upper Trinity Regional Water District, and Citizens of the Conraunity. I I FISCAL IMPACT: Cannot be determined at this time. h J M JirvJ S7eR City Council Meeting Page 2 Respe 1 S it oy arre ty 1r Manager Preparrred/ApproveAd-by, • e son, xecut ve rector Department Of Utilities ~ Exhibit I 4 Letter from Mayor of Argyle Requesting Sewer Service t ' i I 6509U:3-4 ti aIrv or _ fiYLE /F,iiiiiiiiiiiii AA August 21, 1989 Honorable Ray Stephens, Mayor D 1 City of Denton f 215 E. McKinney Street AW 2 8 Denton, Texas 76201 RE: WASTEWATER SERVICE CITY MANAGERS OFFICE Dear Mayor Stephens: As you know, for the last two yeare the City of Argyle has been actively evaluating the feasibility of implementing an organized wastewater collection and treatment system. We have been continually frustrated with the lack of a major sewer customer and the high cost of a new system. However, on August 14, 1989; the Argyle Independent School District (AISD) formally requested sewerage service from the City of Argyle. The AISD is commencing construction on a new facility which should be completed in the fall of 1990. i The request to provide sewer service to a major customer was the f catalyze that the City needed to implement the initial phases of an organized sewer collection and treatment system. The most economical and advantageous treatment alternative for the City is t to contract with the City of Denton for wastewater treatment. Over the past two years, we have had discussions with your city staff concerning this treatment alternative. We were unable to formalize a agreement, due to the high initial cost to the City of Argyle, However, with the AISD as a major customer, we are now in the posture to enter into an agreement with the City of Denton. T'P:s is to respectfully request wastewater treatment service from tl;o City of Denton. Our plan is to buiid a force main from Argyle to an existing Denton interceptor line located along State Highway 18:0. We would like to initiate an agreement, as soon as possible, F)voce the AISD must have sewer service within the next nine months. 7! you are receptive to entering into an interlocal agreement, :!:n,bers of our professional consulting team would be pleased to ,,.jat with your city staff to work out the details of this project. i f I (Ity11411 464-7273. taxlh-parimeni 464o7274 Polite Depirtnirnt: 4h4.7nl k1unospal (,.url 4ht '2%S. P 1) fim.101;. I r, low nJ t Page 2 Letter to Mayor Stephens August 21, 1989 I hope the City of Denton will favorably consider this request for wastewater treatment service. I look forward to hearing from you, and if you have any questions concerning this matter please do not hesitate to contact me. Sincerely, I ~ Norm Thomas, Mayor I City of Argyle cc: Frank Medanich Pete Tart Don Rauschuber r I kw r i a V ij 1 I i c I I I I i I 1 l { j i { F-I -I fill . M"i i x 1 ClTyof DENTON,TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 78201 / TELEPHONE(817) 888 8307 Office of the City Mgnaper 1 M E M O R A N D U M Mayor and Members of the City Council TO: i FROM: Lloyd V. Harrell, City Manager DATE: :eptember 15, 1989 SUBJECT: Contracts for Hotel/Motel Tax Recipients 1 copies of hotel/motel tax recipient contracts follow. i U r1 f Lloyd Harrell 1 City manager LH:bw 4709M J 1 f~ I j 1 a 4 ( M1 DENTON COUNTY HISTORICAL, i IUSEUhI. INC. August 22, 1989 7MAG Lloyd Harrell Mcq~ - S UFFlCE City Manager City of Denton Denton, Texas 76201 Dear Mr. Harrell, on advice, concerning the provisions of the 1989 revision of the hotel/motel tax law of the State of Texas, the Courthouse-on-the Square Museum, Inc. (aka Denton County Historical Museum, Inc.) a 501 (C)3, not for profit corporation, requests that a direct , contract between the Museum and the City of Denton be established. The Museum, which now receives funds via the Cultural Confederation who subgrants to the Denton County Historical Foundation, Inc. 1 which in turn allocates funds to the Museum, wishes to become accountable to the City of Denton, directly without the inherent complications of the current arrangement. The Museum qualifies for hotel/motel tax funding under the pro- visions for the operation of museums and is making a concerted effort to become a major tourist attraction. The Board of Trustee: of the Museum, desiring to comply with all provisions of the law, has sought the advice of John McGrane, City of Denton Executive Director of Finance and Mayor Ray Stephens, each of whom has in- dicated that a direct contract would be advantageous to both f the museum and the City of Denton. I Please advise me of your reaction to this request and give me the opportunity to discuss it with you. I will make available to you additional information you might request. YAurs truly, Clota G. Vaughan Chairman, Board of Trustees Denton County Historical Museum, Inc. tel. 817-565-9178 CGV;lg cc cc Mayor Ray Stephens cc John McGrane J 1 I I 1 i 7 8G ~o7~"G f NO. OF THE ORDINANCE OFMDENTON, SECTION TEXAS TO 23-2 (a) Of FOR THE SEVEN OF ORDINANCES PERCENT TAX OF THE CONSIDERATION PAID BY OCCUPANTS OF A HOTEL ROOM IN THE CITY OF DENTON, TEXAS; PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1966. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs i SECTION I. ri Section 23•2 (a) of the Code of Ordinances of the City of Denton is hereby amended so that the same shall hereafter read as followsi (a) There is hereby levied a tax upon the cost of occupancy of any room or space furnished by any hot91 where such cost of occupancy is ■t the rate of Two Dollars (;2.00) or more per day, such tax to be equal to seven (71) percent aE the consideration paid by the occupant of such roam to such hotel. j SECTION It. I E` This ordinance shall become effective from and after the lit i day of Zone, 1916. PASSED AND APPROVED this the i-- day of C2 . Im. 1 AAS= I T OF DE ON, TEXAS ATTESTt I VALIEN, C1711 CRAILLOTT* C OFD TOM. TEXAS C I ~ APPROVED AS 70 LEGAL FORMS. I DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS l BY • .QJ/17 /Yl)2uif1/Y~/~. i i k , Tug (TATS or TS U18 1 COUNTY or DENTON 1 This agreement made and entered into this day of .466~. 197/, by and between the City o! DenWn, Texas, a Municipal Corporation, hereinafter called 'City', and the Denton Chamber of CammerCe, a non-profit corporation char- tered under the Laws of the State of Texas, hereinafter called 'Chamber', WITNESSET81 f i Whereas, City has recently passed an ordinance providing for the assessment and collection of a hotel occupancy tax In the City of Denton of three percent (311 of the conalderation paid by the occupant of a room, space of facility in any hotels and Whereas, the Chamber is well quipped to advertise and cone 1 duct solicitation programs to aoqusint potential users with public F i sooting and convention facilities and to promote touriss and adverties the City of Dentoas and i Whereas, it is to the mutual benefit of the City aced C-,ssbor t that the city provide funds to the Chamber for the abrvr stated Purposes and that the ChamWr use a" fords for such purposed NOW, T1MISr =o is ocrosideratios of the premises and of the mutual covenants bersis contained, City and Chamber hereby agree f as (allows 1 1, clasper shall employ Its best efforts for gessral pro' motiomal and towrist advertising of the City of Deatw and ace dmetimg solicitatiea and Cperatiag progress to eeetreat oemves- C j time aced visitor,, iaaldisq the *gtablisbumat a" oparatlem by Cbadwc of a ocavestion std visitors bares,, 1, As a consideratios'for t"w Pe iamm set forth is rars- to Chamber an ssoust egmai to graph 1 hersol, City agrees to PeY the city from the hotel oerspam the amount actually collected by I r ~ l tax in any fiscal year during the ten of thle agreement loss one percent (11) for administrative expenses, but the City shall not be liable to pay any additional funds. If the one peroent (11) does not adequatsly reimburse the City :or its expenses, then city may deduct the actual amount of such expenses. 3. The City shall, o0 or before the 45th day followir.,y the end of each quarter pay an amount equal to the monies collected for that quarter Less one percent (14) to the Chamber. The quay- , tors will ant on the 31st day of March, the 30th day of June, the 30th day of September and the 31st day of December of each year. 4. The Chamber agrees that it will record expenditures in- volved in this program on a monthly basis in separate accounts, The booxs of account will be maintained in a Corr approved by the Director of finance of the City of Denton and will be available i I! for inspection and copying} by the Director, his duly authorlsed ~ agents and representatives, during regular business hours of the I I Chamber. 1 5. Thirty days after the and of evory quarter the Chamber I will turnlah to City a performance report of its work under this e cone-mot IA a form determined by the City Manager and vhioh shall refloat overall activity, meatings, conventions end conferences conduated, identity an-4 smasate of adartising condooted, copies of literature produced " cell as a descrlpticn of dlrect malliaye in the last quarter, and the expenditures during the quarter of r the fmnOA received pursuant to this oo,tract. 6. it is understood and agreed that Chamber shall not in any sense be considered a partner or joint ventnnr with Citys not shell Cbeeber be *moldered nor in any manner hold itself out as an agent or official representative of City. Chamber shall be considered an iadera"bat contractor for the purposes of this yreearat mad shall in no manner inoor may sxpeases or liability am behalf of Citye 9 i i 7. Chamber dojo further agree to hold City harmless from any and all claims by third parties for any injuries, damage or i llrbility occasioned by Chamber in connection with this agreement. S. It is understood and agreed that this contract shall be terminated upon occurrence of any of the following events, (a) The giving of written notice by either party to the other party at least ninety days (90) days prior to the date of terminationt (b) The termination of the corporate existence of Chambers • (0 The insolvency of Chamber, the filing of a petition in bankruptcy, either by or against Chamber, or an assignment by I Chamber for the benefit of creditors, (d! Tho breach by Chamber of any of the terse and conditions of this agreement and the continuation of such breach for a period of tea days (10) after written notice is given by City to Chamber w of ouch breacht 9. In the event of the termination of th.'s agreement as pro- vLded in Paragraph t hereof, Chamber shall submit to City a state- sent showing any expenses incurred by it for the tiresent quarter in which said t..rsination takes place and City airras to reimburse I Chamber, to the extent that sold monies are collected from the hotel oocupancr tax during that quarter, 3n asosr.t equal to the losses of the expenses incurred by the Chamber during that quarter or the amount of tax collected for that quarter. City also real. lees that Chamber may haw committed themselves to pay o,epensan ' for conventions that will occur after the termination of thlo agreement, and City agrees to reimburse the Chamber for such ex- Penaes up to the emulative am of 11,000.00. 10. Chamber shall not assign this oontract witbout the written consont of City first obtained to writing. 11. Any novice required to be given wades the terms and I ~ i f provisions of this agreement shall be effective if and when given in writing and deposited in the United States Mail, certified or registered nail, return receipt requested, on the date so deposited and addressed to the respective parties as fol:owsi City Manager City of Denton 215 rest Mexinnry Denton, Texas 76201 Executive vice-president Denton Chamber of Commerce 414 Meet Parkway Denton, Texas 76201 12. This agreement shall be binding upon the successors and assigns of the respective parties. i 13. All the terms, conditions and stipulations of this con- tract are subject to all applicable federal laws, state laws, the Charter of the City of Denton, all ordinances passed pursuant ' thereto and all judicial 3eteruinatLane relative thereto. 1 sxzCMD on this the day of 1476. I CITY or DMOM, TLXM AYI . J , , FAYOR I i ATTiBTs I CITY Or DMOK, T11W C 0 'A 10 I,rGAI, rDlw i f7A PAUL C. t CITY CITY of Da1TOM, TIXU DMOM CLSXBU OF Comm" ""1+u L ATIMI l THE STATE OF TEXAS 1 COUNTY OF DENTON I XNOW ALL MEN BY THESE PRESENTS: This agreement made and entered Into this the 13th day of March, 1981, by and between the City of Denton, Texas, a Municipal Corporation, hereinafter called "City", and the Denton Cultural Confederation, a non-profit corporation chartered under the Laws of the State of Texas, hereinafter tailed "Confederation"; W17NESSETH: 1 WHEREAS, the City has recently passed an ordinance providing for the Increase of the assessment and collection of a hotel/motel occupancy tar In the City of Denton from four percent (11) of the consideration paid by the occupant of a room, space or facility in any hotel/motel to six percent (61); and WHEREAS, Article 1269)•4,1 permits the use of a portion of the slit percent (61) occupancy tax for the encouragement, promotion, j improvement, and the application of the arts, and historical kE!k preservation and restoration; and 1 WHEREAS, the Confederation Is well equipped to Improve and IIII` present the arts and to conduct and coordinate historical preser- i ration and restoration In the City of Denton= and WHEREAS, It is to the mutual benefit of the City and Confede- ration that the City provide funds from the additional. two percentage points increase In the hotel/motel occupancy tax to the Confederation for the above stated purposes and that the Confederation use such funds for such purposesl NOW, THEREFORE, in consideration of the premises and of the j mutual covenants herein contained, City snJ Confederation hereby agree as followst f. Confederation shall employ its best efforts for the encouragement, promotion, improvement, and application of the arts and historical preservation and restoration In the City of Banton i Including the establishment and operation by Confederation of an office for such purposes. COPY It. Confederation shall use a third (1/3) of the funds provided by the City for the restoration of historic facilities, specifically "The Old City Warehouse and the Old City Steam Plant" located at the Intersection of Hickory and Bell. Upon the completion of these renovation projects as reflected by the acceptance of the facility for occupancy by the Confederation and final payment to the contractor(s) Involved In the renovation i projects, the City will retain one percentage point of the six percent f6i) occupancy tax for purposes to be established by the city Council. At that time the Confederation will receive two 1 percentage points of the hotel/motel occupancy tax less one ~ i percent (III of gross receipts to be retained by the City for administrative expenses, but the City shall not be liable to pay any additional funds. If one percent (11) does not adequately V 1 reimburse the City for Its expenses, then the City may deduct the actual amount of such expenses. This paragraph, once it becomes effective, shall replace any other allocation of funds as listed In the following paragraphs of this agreement. [11. Until the new two percent (21) max rate allocation listed in Paragraph It becomes effective, the City shall pay to Confederation an amount equal to the three percent (31) hotel/motel occupancy tax or fifty percent (SOI) of the amount actually collected by the City (roe the hotel/motel occupancy tax in any fiscal year during the tore of this agreement less one percent (11) for adminletration expenses, but the City shell not be liable to pay any additional funds. If the one percent (II) does not adequately reimburse the City for its expenses, then the City may deduct the actual amount of such expenses. i I.V. The City shall, on or before the 411th day following the end of each quarter paty an amount equal to fifty percent (S01) of the monies collected for the quarter, less one percent (11), to f the Confederation. The quarters will end on the 315t day of match, the 30th day of June, the 30th day of Septeaber and the PACE 2 COT 3lst day of December of each year. The first payment under this contract wllt be due forty-five (AS) days after the quarter ending December 31, 1983. Y. The Confederation agrees that it will record expenditures involved in this program an a monthly basis in separate atcountl. The buoks of account will be maintained in a form approved by the { Director of Finance of the CIty of Denton and will be available for inspection and copying by the Director, his daly authorized agents and representatives. vi. Thirty days after the end of every quarter the Confedera- tion will furnish to City a performance report of its work under this contract in a form determined by the City Manager and which shall'reflect overall activity, and a description of same In the last quarter, and the expenditures during the quarter of the funds received pursuant to this contraet. I Yil. It is understood and agrees that Confederation shalt not 1 in any sense be cotsidered a partner or joint venturer with City, fr~ nor shell Confederation be considered nor In any manner hold Itself out as %an agent or official r-!res D entatlre of City. Confederation shall be considered an Independent contractor for the purposes of this agreement and shall In no manner Incur any expenses or liability on behalf of City. Vill. Confederation does further agree to hold City harmless from any and all claims by third parties for any injuries, damage ' or liability occasioned by Confederation lit connection with this agreement. IX. It is understood and agreed that this contract shall be terainated upon occurence of any of the following eventst (a) The giving 'of written notice by either patty to the other party at least ninety (90) days prior to the date of terminations (b) The termination of the corporate existence of Confederetloni (c) The Insolvency of Confederation, the filing of a petition In bankruptcy, either by or against PAGS 3 } k ;w Confederation, or an assignment by Confederation for the benefit of creditors; (d} The breach by Confederation of any of the texas and conditions of this agreement and the continuation of such breach for a period of ten (10) days after written notice Is given by City to ' Confederation of such breach, X. In the event of the termination of this agreement as pro. vided In paragraph IX hereof, Confederation shall submit to city a statement showing any expenses incurred by It for the present quarter In which said termination takes place and City agrees to reimburse Confederation, during that quarter, an amount equal to the lesser of the expenses incurred by the Confederation during that quarter or the amount they would normally be eligible to receive under the terms of this agreement for that quarter. City aiso'reatlaes that Confederation may have committed themselves to t , I pse expenses for the promotion and encouragement of the costs that w I I I occur after the termination of this agreement, and Clty agrees to reimburse the Confederation for such expenses up to the cumulative sum of :250.00 from the hotel/motel occupancy tax, XI. Confederation shall not assign this contract without the written consent of City first obtained in writing, XI I, Any notice required to be given under the tires and provisions of this agreement shall be effective If and when given in writing and deposited in the United States M. , certified or registered mall, return receipt requested, on the date so deposited and addressed to the respective parties as fotlowsi City Manager City of Denton 215 East McKinney f Gent)n, Texas 16201 President Denton Cultural Confederation Dentin, Texas 16201 XIl1. This agreement shall be binding upon the sueeassors and assigns of the respective parties, XIV. All the terms, conditions and stipulations of this con- tract are subject to all applicable federal laws, state laws, the PAGE 1 I loo L' Charter of the City at Denton, all ordinances passed pursuant thereto an P. all judicial determinations relattee thereto. EXECUTED on this the 13th day of March, 1984. CITY OF DENTON, TEXAS e Y t Al RT"73TW RT,~ACYO.R ATTESTt CHARLOTTE ALLEN -,TTTT-5ECRETAAT CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM! C. J. TAYLOR, JR., CITY ATTORNEY II CITY'OF DENTON, TEXAS 8Yt I DENTON CULTURAL CONFEDERATION t 8Yt PRESIDENT I ATTESTt StrRITART i PAGE S y~„afiea G.~trRl.' G...Ji~~icaha.+ WEEMENT Ge [~.earaaL +er~~ 8`!~~ 3E3•u~L Ter STATE OF TEXAS I COU14iY OF DENTON KNOW ALL MEN BY THESE PRESS:.iTS: [ This Agrreenent made and entered intc this the '2i=' day of &4Atii ~ , 1976) by and between the City of Denton, Texas, a Municipal Corporation, hereinafter called "City", and the Denton Cultural Confederation, a non-profit corporation chartered under the Laws of the State of Texas, hereinafter called "Confederation", WITNESSETH: WHEREAS, the City has recently passed an ordinance providing for the increase of the assessment and collection of a hotel cccu• pancy tax in the City of Denton from three percent (31) of the con- ' 3idaration paid by the occupant of a room, space or facility in any hotel to. four percent (41); and •I WHEREAS, 'Article 1269f•4,1 permits the use of a portion of the four percent (11) occupancy tax for the encouragement, promotion, improvement, and the application of the arts, an3 historical preset- r , vation and restoration; and E WHEREAS, t!e Confederation is well equipped to improve and ~re- sout the arts and to conduct and coordinate historical preservation and restoration in the City of Dontonl and WHEREAS, it is to the mutual benefit of the City and Conned- 3 oration that the City provide funds from the additional one percent (11) increase in the hotel occupancy tax to the Confederation :or the above stated purposes and that the Confederation use such funds for such purposes; NOW, THEREFORE, in consideration of the premises and of the rutual covenants herein contained, City and Confederation hereby agree as to-llowss 1. Confederation shall employ its best efforts for the en- I couragement, promotiono improvement, and application of the arts and historical preservation and restoration in the City of Denton including the establ'.shment and operation by Confedoration of an office for such purposes. I i' s F. d. 2, As a consideration for the serat:es set fcr:n in Parwty. 1 hereof, City agrees to pay to Coafederat:Cn an amount equal t: :ht one percent (11) hotel occupancy tax or twenty-five percent (255. the amount ■ctuaIly collected by the C::), -rem the hotel occupancy tax in any fiscal year during the term c° ::n:s agreement less one percent (It) for administration expenses, tut the City shall not ee liable to pay any additional funds. If the one percent (11) does not adequately reimbisrse the City fcr its expenses, then the City rsy deduct the actual amount of such expenses. 3. The City shall, on or before the 1Sth day following the end of each quarter pay an amount equal to twenty-five percent (251) the monies collected for the quarter less one percent (11) to the Con- federation. The quarters will end on the 31st day of March, the 30th day of June, the 30th day of September and the 31st day of December of each year.. The first payment under this contract will be due aS days after the quarter ending June 30, 1970,' 1 1. The Confederation agrees that it will record expenditures involved in this program on a monthly basis in separate accounts. The books of aurount will be maintained in a form approved by the Director of Finance of the City of Denton and will be available for inspection and copying by the Director, his duly autharited agents i and representatives. S. Thirty days after the and of every quarter the Confederation will furnish to City a performance report of its work under this con- tract in a form deter.ained by the City Manager and which shall reflect overall activity, and a description of same in the last quarter, and the expenditures during the quarter of the funds received pursuant to this contract. 6. It is understood and agreed that Confederation shall not in any sense be considered a partner or joint venturer with City, nor shall Confederation be considered nor in any manner hold itself out as an agent or official representative of City. Confederation shall i be considered an independent contractor for the purposes of this agreement and shall in no manner incur any expenses or liability on behalf of City, I AGREEMENT - PAGE TWO 1 j 1 J - T T'W a I Confede:stioe does fs:ther agree hold Cit;' nacmless :ror i any and all claims b)• third parties for in,: it+uries, damage o: lia- bility occasioned by Confederation in connection with this agreement, 1. It is understood and agreed that tr.-.s contract stall be terminated upon occurrence of any of the ic:.owing events: (a) The giving of written notice by e: :her party to the other party at least ninety (90) days prior to the date of terminatior.; (b) The termination of the corporate existence of Confederation; (c) The insolvency of Confederation, the filing of a petition in bankruptcy, either by or against Confederation, or an assignment r by Confederation for the benefit of creditorss (d) The breach by Confederation of any of the terms and condi- tions of this agreement and the continuation of such breach for a period of ten (10) days after written notice is given by City to Con- federation of 'such breach; 9. In the event of the termination of this agreement as provided I ' j in Paragraph g },ereof, Confederation shall submit to City a statement 1 showing any expense incurred by it for the present quarter in which 1 said terminstio,-i takes place and City agrees to reimburse Confederation, to the extent that twenty-five percent (251) of said monies are col- lotted from the hotel occupancy tax during that quarter, an amount equal to the lesser of the expenses incurrti by the Confederation dur- ing that quarter or twenty-five percent (251) of the amount of tax col- lected for that quarter. City also realises that Confederation may have committed themselves to pay expenses for the promotion and encour• sgement that will occur after the termination of this agreement, and City agrees to reimburse the Confederation for such expenses up to the cumulative suet of $250.00 from the hotel occupancy tax. 10. Confederation shall not assign this contract without the written consent of City first obtained in writing. 11, Any notice required to be given under the terms and provl- sions of this Agreement shall be effective if and when given in AGREEMENT • PAGE THREE J 1 I } 1 'a I M T 1 M1 . 1 writing and dep:sited in the Uni*.ed Stases certi.led or registered r.al:, return receipt requester, the da:s s: de;:site: end addressed to the respective Pirtle: as :c!lows: City Manager City of Den-.- 215 East Mcl:-nne• Denton, Texas 70201 President Der.toc Cultural Confederation Denton, Texas 75201 12. This agrees:ent shall be binding upon the successors and assigns of the respective parties. } 13. All the terms, conditions and stipulations of this contract i are subject co all applicable federal lows, state laws, the Charter i of the City of Denton, all ordinances passed pursuant thereto and all judicial determinations relative thereto. EXECUTED on this the day of CITY OF DENTONs TEXAS CITY OF DENTON, TEXAS ATTEST: E ~ ~FT~Y1 I CITY OF DBNTON, TEXAS APPROVED AS 10 LEGAL FORM: CITY OP DENTOh', TEXAS DENTON CULTURAL CONFEDERATION l 1 by, { ATTEST: 1] ~ I AGREEMENT • PAGE FOUR I I 1 v g I 5 t 1 TAE STATE Or TEXAS S COUNTY OP OLNTON I KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Denton is the owner of the premises described telowr and WHEREAS, the Greater Denton Arts Council, inc. IGDACI is a Texas Non-profit Corporation dedicated to the promotion and provision of artistic performanats of all kinds for the benefit of the citixsns of Cantons and WHEREAS, the Greater Denton Arts Council, Inc. doliree to lease said property on a long term lease arrangement whereby they will be able to remodel the buildings on said premises for i use by GOAC for uses consistent with a community tteater and other GDAC ectivitles for and on behalf of the citizens of the I City of Denton, TeXass NOW, THEREFORE, This Agreement by and between the City of Denton, Texns, a Mcniclpal Home Rule City under the Constitution and Laws of the If State of Texas, hereinafter called Lessor, and the Greater Denton Arts Council, Inc., hereinafter called Lessee, WITNESSES: in consiearatlon of its mutual covenants contained herein, the parties agree as follows: SECTION I. LEASED PAEMISES it Lessor hereby losses to Loose* the following described property owned by Lessor in Denton County, Texas, to-wits 1 1. The warehouse and machine shop property located on Hickory Street at its intersection with sell Avenuo, and 2. The electric diesel plant property located on Hickory Street at its intersection with Bell Avenues Said property being more specifically described in Exhibit a "A" attached hereto and made a part hereof for all purposes. j SECTION II, TEM I The term of this lease shall be for a pe.iod of twenty-five I (25) years, co,uaencinq nn rho date of execution hereo'.. if :4}.+Or !e to r-ri,*1 that Lessee pas lab 11:scloot!v perf9r'e1 '.hs I 1 i 1 i i 1 i~ 4F, r; conditions and eovor.ants imposed upon Lessee under the lease during the initial term, the Lessee shell have the right and option to extend the term of this lease for an additional twenty-five (25) years beyond the initial term by informing the Lessor in writing of the exerctsinq of said option no later thin three months prior to the exoiration of the initial term, SECTION 111, CONSIDERATION It being the opinion of the City Council for the City of Denton that the terms of this lase and the results contemplated therefrom, including the remodeling to to undertaken by Lessee, and resulting enhancement of the value of j the premises will cause to be accrued multiple benefits to the citizens of the City of Denton which ire consistent with the type benefits historically provided for citiseno by municipal governments, this lease is hereby granted to GDAC in consideration theroof and Cot the f.rther and additional consideration of One Dollar ($1.00) per year, par prooerty, j with such payments being due on an annual basis with respect to each, beginning on the date of execution of this lease and each anniversary date thereafter. j SECTION IV, USL Of TRL PROPERTY I The Lessee shall use the property to promote and provide the citizens of Denton with artistic performances and presentations of any and all kinds including, but not limited to music, theater, art, dance and film. Such performar.ces I shall be open to the public without discrimination for such charges as determined by the Lossoe. In addition, use of the premises shall be tot the purpose of providing a pettotmance home for the Denton Community Treater, the Denton Community Chorus, the Denton ,Community Hand, the Dance T=eater of the Southwest and the North Texan Area Act League fend heir successor organisations), and such otaer act$ groups as osn be , ectieduled, so tons as the stove organisations, name or PAGE 2 ~I - t F low R unnamod, are member ~tganiratione of the Lessee. Lessee hereby agrees not to use Such listed premises for any other purposen without the written Consent of Lessor. SECTION V. POSS!SSION OT THE PROPERTY Lessee shall be given possession of the electrical diesel plant on Hickory Street commencing on or before one M year from date of execution of this lease, or as soon thereafter as the City of Denton is ably to vacate the premises. Lessee shall be given possession of the warehouse and machine shop on Hickory Street ~on or before two 11 years from date of execution of this lease, or as soon thereafter as the City of Denton is able to vacate the premises. Lessor agrees to use 1 due diligence in disposing of all equipment now located within two` buildings in order to deliver possession to Lessee as soon as possible. I SECTION VI. COVENANTS OF LESSEE 1. Renovation. The Leases hereby covenants and agrees with Lessor to Seise funds to renovate the premises and let contracts for the construction of alterations and improvements f to the premises consistent with the goals of promotion of artistic performances of all types. If Le a te fails to raise and collect all funds necessary for renovation of the premises within throe years of the sate Lasers receives Possession of the warehouse and machipj shoe Shia leese.~{! llyterminatg, All remodeling, alterations or construetion, and contracts for same, shall be undertaken only wtph the prior approval of the City Council of the City of Denton. Insurance. The Lessee agrees to and shall during and after renovation of the premises secure and maintain in effect Euring the term of this lease and any extensions thereof a pollcy or policies of insurance written by a company or companies qualified to write insurance in the state of Texas, providing for the following coverage! Lease ~W4d :i 118 PACE ] i 1 P C f Y A a, Loss because Of fire, flood, wind or other natural elements in an amount equal to the value of the promises, including the valur of the buildings and contents and equipment therein. Proceeds from any such policy or policies shall be payable to Lessor. b. Personal injury and property liability insurs..ce in the minimum amount or $100,000 for loss from an accident resulting in bodily injury to or death of one person and $300,000 for injury to or death of any number of persons in one o:currencsi and property damage liability insurance in the amount of 610,000. Such policy or policies of insurance shall name the CA:p as an insured party. The parties recognize and acknowledge that the amounts of coverage provided for herein are, as of the data of this lease, the maximum limits of liability Imposed upon municipal governments under actions brought against said governmental units under the Texas Tort Claims Act. (Article 6252-19 V,A,T.S.1. Should the limits under said act be increased during the term of thiw lease or any extensions thereof by legislative action, the lessee 89reaa to increase the amounts Of coverage provided for herein to an amount •qual to the maximum amount of possible liability imposed under the Act. The Lessee agrees to provide the Lessor with certificates of insurance or copies of policies of insurance required to bn secured by Lessee herein. 3. Janitorial Services. Lessee shall provide janitorial 1 services to maintain the. premises in a reasonably clean condition. Lessee and Lessor shall each be responsible for and ` agree to pay for fifty percent (501) of the cost of said janitorial services up to an amount of $5,000 per annus. Seventy-five percent (751) of any janitorial costs incurred above, $50000 per annum shall be paid by Lessee and +the ~seaaining tvanty-five percent 11541 shall be paid by Lessor. (~uee• shall maintain the premises in a sale, clean and op rational condition and she'! cay for all costs and expenses incurred for such maintenance, other than janitorial services, which, in the aggregate in any one year of the lease term, amount to less than One Thousand ($1,000.00) Dollars. ~ SECTi9N VII. DESTRUCTION OF PRVISES 1 If the building or other im,gcovements on the Ieased premises should be damaged or destroyed by fire, tornado, or E PAGE 4 I 1 1. s w . i E 7 , I i r i t I ti other casualty, the Lessor shall have the option to repair or rebuild the same to substantially the condition in which they ex sted prior to such damage, Provided the repairs or recon- struction can be made wholly from the proceeds of insurance coverage provided for by Lessee. Should that* not be sufficient monism available from such insurance proceeds to repair or reconstruct the premises to substantially the condition in which they existed prior to such damage, the l Lessor may cancel this lease. SECTION VIII.' COVENANTS OF LESSOR 1. Because of the benefits accruing to the citisens of the City of Denton, Texas from the development and use of the property as a community tbeatre and other uses of the Greeter ibr'all Denton. At to Counct2, tCMr"£~80o2` ,}lit'eD3 sjtM"~ uilility costs, includ.ng electrical, water, sewer, and gataage pickup service during the initial term of this lease. Leases agrees that it Is its intention to Sisk ways to contribute to ` the costs of such utilities. If this lease is extended beyond I r i the !nitisl twenty-five 12S{ year term the pt^vialonm at this all utility costs, Section VIII requiring G esot to P+Y including electrical, water, sewer and garbage pickup service, i ~ shall not apply to such extended term of this lease an the parties heteto agree to renegotiate the allotment of costs of providing for said utility service to said premises. It is specifically provided that telephone service shall be paid for by Lessee, SECTION_IX, FINANCIAL STATEMENT, AUDIT Lessee shall furnish G ssor within thitty (30) days after the expleation of each lease year during the term of this lease a financial statement showing the total amount of monism received and expenditures made by Lessee during that veer. Lessor shall have the right at all reasonable times to exanice I and audit, at Lessor's expense, the bcoks and records of Lessee. i I I J PAGE 5 11 , SECTS ACCESS To PREMISES Permit Leswr or its agents to enter the Lessee shall per es at all reasonable hours to inspect and demised premis maintain the premises or make repairs. SECTION XI- QUIET ENJOYMENT Lessor warrants that Lessee shall be granted peaceable and ent of the demised premises free frOm any eviction quiet enjoym or any interference by Lessor so long as the property is used for the purposes for which they are demised under the terms and provision of this. lease. l SECTION XIIs INDEMNITY j Lessee agrees to'indemnify and hold Lessor harmless against any and all claims, demands, damages, costs, judgments and reasonable attorneys' fees for the defense ~ expenses, including thereof arising from the conduct or management of Lessee Ia activities in the leased premises or from any breach or from i any act or negligence of Lessee, its agents, contractors, employees, concessionaires or licen:ets in or about the leased v premises. 1 SECTION%I_ II' ENERGY CONSERYA'PION within its power to The Lessee pledges to do evsrytbing w enforce the best Possible energy conservation rules during its use of the premises. It further pledges to use a significant portion of its renovation money to make the buildings as snaggy efficient as is reasonably possible. SECTION %IVe ASSIGNMENT ?ND SUILEAS Lessee shall not aooign this loose and Shall not sublease the premises cr any part thereof v shout the express written t:pnsent o! the tAI!01. i SECTION %V. TE(lMINATION I If Lessee defa-ilts in the performance of any term, covenant, of condition tequired to be performed by it 'under terminate this agreement on giving this agNement, Lessor mey l PAGE 6 r i i 1 1 I fgjiG at lea at fifteen 115) days notice to Lessee of such intention, thereby terminating this agreement on the date designated in such notice unless Lessee shall have cured such default prior to expiration of the fifteen (15) day period. SECTIONXVI. LEGAL CONSTRUCTION _ In case any one or more of the provisions contained in this agreement shall for anv reason be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision thereof, and this agreement shall be construed as if such invalid, , illegal or unenforceable provision had never been contained herein. f~ 1 EXECUTED this the ~I day of fed t'~ 1951. f LESSOR i 8Yr AAD O rrw . Y A CI 01 DE TON, TEXAS ATTE X OLT, I D NET RY CITY OF DENTON, TEXAS I I t ADPROVED AS TO LEGAL FORMS C. J. TAYLOR, JR., CITY ATTORNEY CITY OF DENTON, TEXAS tiC Y 8Yr LESSEE all GREATER DENTON ARTS CLU 1Lr INC. ~ ATTESTi , A TA k PAGE 7 I i f • ' EXHIBIT 'A' 1. 'the electric diesel plant prooert?, shown as Tract 1 on the attached map hereto and being she same land purchased by the City of Denton and recorded at Page 591, Volume 311 of the county Deed Records of Denton County, Texas and described therein as followsi All that certain lot, tract or parcel of land situated in the City and County of Denton, State of Texas, i being part •of Block No. Twenty-One J21) of the Original Town of Denton, and being more particularly j described as followsi BEGINNING at a point in the north boundary line of said Block No. 21, 363.1 feet east of the northwest corner thereofr THENCE east with the north boundary line of said Block No. Twenty-one (21), 217.9 feet to the northeast corner thareofr THENCE south with the east boundary line of said Block 300 feet for its southeast corned THENCE west with the south boundary line of said Block 217.9 feat a stake in the south boundary line of maid Block for cornerr i THENCE north parallel with the west boundary line of Eaid black, 300 feet to the place of beginning- 2. The warehouse and machine shop property, shown as Tract 2 and 3 on the attached map hereto, and teing the same land described in a General Warranty Deed recorded in Volume 271, Page 183, of the County Deed Records of Denton County, Texas and dmaeribee therein as follow u Being Lots No. Six (6), Seven 171 and Eight (1) in Block No. Three i)) of the Railroad Addition to the City of Denton, Denton County, Texas. I i I lI 1 I ,Y a i I + rr ~r`re•to ~a i' I S ~ ~ 1 J~~~ I V r y ~ ~ I I I I ~ a 4 i - r ' v { ~ • . I ' ' 1 ft ,/7.~r1 ~ ---t ~ i ~ k ~ • ~ ^ ~ v t. • 4 ~ 7 ~ n ~ ~ . I 3 1 1 : 1 :i I ~ ~ 1 ♦ ♦ . • • ' f~~ 1 ~ 1 ~,l~ raCl►N 1 1 1)` w ` i•• 1 1 1 1 1 1 • ~ ~ ~ N ~ • • • • ~ t ' i~ 'Q, _ _ g • '1 ~ i • • y i , ~ t • 4 ~ i, i 1~ 1 I C I' 7 S i:ECD 1EC, ,ms u:L 732 eACE 332 THE STATE OF TEXAS 0 COUNTY OF DENTOfI KNOW ALL MEN BY THESE PRESENTS: ( _ 5 ' ADDENDUM TO LEASE 31 IS " A This Addendum to Agreement or Lease, made this the L d y of March, A. D. 1976 by and between the CITY OF DE:ITCN, TEXAS, known herein as LESSOR and the DENTON CHAMBER OF UMMERCE, known herein as LESSEE. WITNESSETH: That on the 21st day of August, A. D. 1973, said LESSOR and / `r LESSEE entered into a lease for a term of twenty-five (25) years beginning the 1st day of September, A. D. 1913 and ending on the 315t day of August, A. D. 1998 on the following described property, to-wit: Lying and being situated in the City of Denton, Taxes County of Denton, State of Texas, ind being Lot 15, i Block 431 of the city of Denton, Texas (approximately 25,000 square feet), the same being the land owned by the City situated on the northeast corner of Parkway and Carroll Boulevard. i and WHEREAS, the LESSOR and LESSEE art desirous of extending the f term of said lease for an additional twenty-five (25) years, I NOW, THEREFORE, LESSOR and LESSEE do hereby agree to extend { the term of the leaae on the above described property for an eddi- tional twenty-five (25) years so that the initial term began on the let, dar of September, J- n_ 1eand will end on the 31st day of August, Al D. 2023. IN TESTIMONY WHEREOF, the said parties have hereunto set their hands, in duplicate, the day and year above written. CITY OP DENTON, TEXAS DENTON CHAMBE OF COMMERCS BY t za~'J'EST5K'/W BY f ~ a ATTEST" C L[r CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: i AM, ~TEX~Y CITY OF DEN'fON, I i THE STATE OF TEXAS OF' DENTON ! COUNTY rity Ln and for said COuntYrON BEFORE ME, the undersigned aut'M H AL DEN Texas, on this day personally appeared HAS REED, ed to own L, me to be the Person ddaekncwledged. CHASER ON COME ACEkn instrument, aconsider name is subscribed to the foregoing atlon me [hat he executed the same for the Dherois ir. the capacity th•cv~in eteted, therein expressed and or daY F GIVEN UNDER MY HAND AND SEAL OF OFFICE, This the March, A. D. 1916. R61xFC DENTOH COUNTY, TEXAS t i THE STATE OF TEXAS I CO1n;TY OP DENTCN y ed authoritq, in end for said CoY A of the undersign a eared T014 D, JESTER, JR., MA ream t And officer 9E~AE s' onallY pD % Texan on this day peTersxas known to me to be the 98 t Denton, cing instrument of the City Of the C~tY G cribed he the ° whose nest is subs acknowledged xas the act of the City COunci l of j o es 4yuoo n aiher Co me o trst Tethe ease al Corporation, and that De 8414 nton, Texas, a Munialp i the toff laill of said Counoil fort the 1 and in jhe eapaoity enerein atsted. ~f "tY1,-.day of SEAL OF OFFICE, This the w LOIVEN UNDER MY NAND AND i , A. D. 1916• DENTON COUNTY, TEXAS (Y0f 792 v% AWN I k I T-M 1 THE STATE OF TEXAS I COUNTY OF DENTON YNOW ALL MEN BY THESE PRESENTSI This Agreement of Lease, made this the 2I4L dny of August, A. D. 1973 by and between the CITY OF DCNTON, TCXAS, known hcrain as LESSOR and the DENTON CHAMBER.OF COMMERCE, known herein as LESSEE. WITNESSETH, That the said LESSOR does by these presents lease and demise unto the said LESSEE the following described property, to-wit, Lying and being situated in the City of Denton, Texas, County of Denton, State of Texas, and being Lot 15, Block 111 of the City of Denton, Texas (approximately 25,000 square feet), the same being the land owned by I i the City situated on the northeast corner of Parkway i and Carroll Boulevard, I For the term of twenty-five (25) years beginning the let day of -September A. D. 1973 and ending the Jlct day of August A. 0. 1998 paying therefor the sum of Ono Dollar (51.00} annually upon the conditions and covenants following, i That LESSEE will Immediately build and construct a building on the property composed of approximately 3500 square feet, it an approximate cost of $70,000, including site preparation, parking I and landscaping. That said exterior wall area building will consist of one hundred per cent masonry and/or glass con- I struction. !I (b) That the parking, site preparation, and building 1 will met all soning and setback ordinances of the City of Denton, Texas. (o) That the plans and specifications of said building, site preparation, parking and landscaping will be ' approved by the Lessor prior to the commencement of construction. (d) That there will be -no avenues of egress or ingress for motor vehicles constructed to the lsasod pro- Party from Carroll Boulevard. s • _ v x ' f SI. That LESSEE will commence constructioni within two hundred and seventy (270) days of the execution date of this lease, and construction will be completed within one year from the date that the construction commences. III. The LESSEE will assume full responsibility for general up keep, maintenance and repair to the building and property dur- ing the term of the lease. Additionally. USSEE agrees to main- tain in force, at all tJmes during the term of this lease, a I policy or policies of fire insurance to the extent of at least the actual market value of the demised premises, in no event less than $50,000. Said policies shall name the LESSOR as a beneficiary trereof to protect its interest herein. LESSEE agrees to pay before delinquency all charges for water, (E gas, heat, electricity, power and other similar charges incurred 1 j E by LESSEk with respect to and during its occupancy of the demised f premises. I V. At the expiration of the term of this lease, LESSOR will ac- quire full ownership of the building and improvements, free and clear of any indebtedness or obligations. IN TESTIMONY WHEREOF, the sold parties have hereunto set their hands, in duplicate, the day and year above written. CITY Or UNTON, TEXAS, LESSOR DENTON CHAMBER Or COMMERCE, LESSEE . ILL N&UP MAYOR NELSON, YRZ51PENT ATTESTJ(7 HOLT# CITY SECPz j fro y[ { f ti THE SPATE OF 1'EXAS I COUNTY OF DENTON I Texas8EiOAEME , tho undersigned authority, Neu Count , on this day personally of Denton Taxas Y Sn and for said ~ name is subscribedk appeared ilme to l the Mayer of tho City mO•that the same was tho c 9 instrperson and Officer ument and acknowladhoao Y .toq~ Den Toxas, a Municlpal CO0 the City Council of the Ci tY 9o to ffi same/sa•.the ocial act of saigzatIon, and that he executed of f eroin Oxoressed Council for the . and in tho cap Purposes and con- CiV¢'.V NDER . acity [hcraln stated. A~P~sa A . KY HAND AND SEAL OF OFFICE r i "I973. This the . 1i. y of OtT TAAY F~„3 C, / /I AS GOR , DENTON COUNTY, N TEXA~D AS I THE STATE OF TEXAS X . 'COUNTY OF DEN TON X BEFOpE ME, tho undorsi Texas, on this day Personal Igneq authority, in and tho Denton Chamber of y appeared L.A. Nelson for said County, :flies, wf.ora naM6 Si COmmerce, known to me to bo t acknowledged Of acknowledged to Met subscribed to the foregoing h9 resident a„d mercqhat he hat tha same was the acto[ enatrumsnt and Chrt Yf~~. executed tha same as the official act of saidom- i c'he c a - ,i Purposes and consideration therein e /Pk~, herein stated. xpressod, and AttausY A. D. 14i A. •A My HAND AND SEAL OF OFFICE, This the 1daY Of I ~L. 1 DENTON COUNTY, TEXAS j i ~ I 1 T-0 I-W I 13941 II c NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY Oi DENTON AND NORTH TEXAS STATE FAIR ASSOCIATION RELATIVE TO PROMOTIONAL ADVERTISING A.ND SOLICITATION SERVICES TO BE PERFORMED BY THE ASSOCIATION ON BEHALF OF THE CITY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY OADAINS: SECTION I. ( 3 That the City Council of the City of Denton hereby approves fE an agreement between the City and the North Teras State Fair Association relative to promotional advertising and solicitation services to be performed by the Association on behalf of the City, a copy of which Is attached hereto and incorporated by reference herein. SECTION I1. That -this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of April, 1906. C1 OF D ION, TEXAS I ATTEST= C OF TON, TEXAS APPROVED AS TO LEGAL FORNi DEBRA ADAMI DRAYOVIICH, CITY ATTORNEY CITY OF DENTON, tBXAS Bye 1_61WI 41 Vi 3 s f i 1394L f THE STATE OF-TF%AS S COUNTY OF DENTON S This agreement made and entered into this A106 day of 1986; by aGd botween the City of-Denton, Texas, a un c Qa - Corporation, hereinafter called "City", and the North Texas State Fair Association, a non-profit corporation chartered under the Laws of Vio State of Texas, hereinafter called "Association"; WITNESSETH: WHEREAS, City has recently passed an crdinance providing for ~ the assessment and collection of a hotel-motel occupancy tax in the City of Denton of seven percent (71) of the consideration aid by the occupant of a room, space or facility in any f hotel-motel; and I I WHEREAS, the Association is well equipped to advertise and ~JJ conduct solicitation programs to acquaint potential users with public meeting, fairground, and proposed exposition facilities and to promote tourism and advertise the City of Denton; and WHEREAS, it is to the mutual benefit of the City and Association that the City provide funds to the Association for the above stated purposes and that the Association use such funds for such purposes; NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein contained, City and Association hereby agree as follows: J 1. Association shall employ its best efforts for general promotional and tourist advertising of the City of Denton and conducting a solicitation and operating program to attract meetings and conventions. City and Association recognize that, hotel occupancy tax proceeds may only be expended for the ppurposes enumerated in art. 12691.4.1, Y.A.C.S., as the some may be amended from time to time, Association agrees to utilize the funds appropriated herein only for such purposes as authorized ` by law. 2. As a consideration for' the services let forth in Para raph 1 hereof, City agrees to pay to Association an amount equal to one (11) percent of the consideration paid by the ~I i 1 I f 1 occupant of a room, space, or facility in any hotel with the City retaining one percent of the total gross receipts eligible to be paid to the Association for adminisadditionalp.unds. but the City shall not be liable to pay any for actualrsamount CoEy such the one percenttfi to )Ci`ys mays d duct atetlhy re its expenses. aid uarterthof term from the expenses. The eligible amount shalt be p hotel-motel taxes received in any fiscal year luring t1lis agreement. 1 the 3, The City shall, on or before the of funds4the Associations is due end of each quarter, , pay the sum for that quarter which were collected according to Paragraph 2, less one percent (11) to the Association. The quarters will end on the 31st day of March, heDecembeayoofeache, the 30th day of September and the 31st day mothat it nthly willinrescord j 4. The aoagrees involved in this s program. oved by The books of account will be maintained In R Denton mandprwill be the Director of Finance of the ity o the Director, his duly available for inspection and copying by during regular business authorized agents and representatives, Burg re hours of the association. N 5. Thirty days after the erd of every quarter the Association , will furnish to City a performance report of its work under this eetings~ CtotRVeetionsr anand which shall d conferences contract in a form determined reflect overall activity, m conducted, identity and Amounts of advertising conducted, copies last oquarters and the expendituresoduring the quarter ings literature of the funds received pursuant to this contract. 6, It is understood and agreed that Association shall not in any sense be considered a partner or joint venturer with City, nor itselfhaout Aasocant agents oro official nrepres~T►tativeanofr Citv-nde Assoc u=t s sof 1 this agreements and nsha~llepin no tmannerr incur any the expensesose or liability on behalf of City, 7, Association does further agree to hold City from or liabilityloccasionedy third parties injuries, with this agreement. I I PAGE 2 Y I s k S. It is understood and agreed that this contract shall be terminated upon occurrence of any of the following events: (a) The giving of written notice by either party to the other party at least ninety (90) days prior to the date of termination; (b) The termination of the corporate existence of ' Association; { (c) The Insolvency of Association, the filing of a petition in bankruptcy, either by or against f Association, or an assignment by Association for the benefit of creditors; (d) The breach by Association of any of the terms and 1 conditions'of this agreement and the continuation of such breach for a period of ten (10) days after written notice is given by City to Asso- ciation of such breach. i 9. In the event of the termination of this agreement as pro- vided in Paragraph 8 hereof, Association shall submit to City a statement showing any expenses incurred by it for the present quarter In which said termination takes place and City agrees to reimburse Association, to the extent that said monies are collected from the hotel occupancy tax during that quarter, an amount equal to the lesser of the expenses incurred by the Association during that quarter or the amount of the Association is eligible to receive for that quarter. City also realizes that Association may have committed themselves to pay expenses for advertising and solicitation that will occur after the termination of this agreement, and City aggrees to reimburse the Association for such expenses up to tho cumulative sum of $1,000.00. 10. Association shall not assign this contract without the written consent of City first obtained in writing. 11. Any notice required to be given under the terms and provisions of this a reement shall be effective if and when given in writing and deposited, in the United States Mail, certified or registered mail, return receipt requested, on the date so deposited and addressed to the respective parties as follows: ii I PAGE 3 3 S t City manager city of Denton 215 East McKinney Denton, Texas 76201 President 8 Executive Director North Texas State Fair Association p. 0. Sox 1695 Denton, Texas 76202 12. This agreement shall be binding upon the successors and assigns of the respective parties. 13. All the terms, conditions and stipulations of this con- thecCharteruofethetCitylofpDenton, alldeordinances passedlpur- suant thereto and all' judicial determinations relative thereto. EXECUTED on this the 0 /sd day of 1986. { i CITY OF DENTON, TEXAS 1 I ' BY; _ s ~ II ATTEST: , 1 Y OF DENTON, TEXAS i I PACE 1 ' J r APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS r--/ BY. NORTH TEXAS STATE FAIR j ASSOCIATION BY, 1. ATTEST: SECRETARY ~k k PAGE S f i i Y V M , f~ 1 1 I 1 I I I i i i r { e 4 ly DA'fEt 9/19189 CITY COUNCIL REPORT FORMAT 701 Mayor and Members of the City Council FROM: Lloyd U. Harrell, City FLinager SUBUECTt PRELIMINARY REPI.Al' OF THE DEN'fON AREA TEACHERS CREDIT UNION, LOT 1, BLOCK As PART OF LOT 19 RLOUK N, BAINES ADDITION, AND PART OF LOl' 2, Ff.OCK 25, ORIGINAL TOWN OF DENTON, IN'EO DENTON AREA TEACHERS CREDIT UNION ADDITION, LU'I'S 1 and 2, BLOCK A. AECO,y NDAT~10N: I I The Planntng A, Zoning Commission recommended approval at its September 13, 1989 meeting (5-0). ` I SUMMARYI r This is a 2.505 acre tract located one block west of Elm Street, south of Mulberry Street, and north of Sycamore Street. The Denton Area Teachers Credit Union is on the land currently, and they wish to enlarge, necessitating this replat. This tract and all adjacent land is coned central business (UB) and is anown in the William r Loving Survey, Abstract No. 1590 in the City and County of Denton. { BACKCROUNDt The baton Area Teachers Credit Union is planning an expansion of their building and planning to add a drive-in facility, so they are in the process of acquiring additional land. An exiating conu:ercial building is included in the replat. Also, an + existing 6" sewer line will be abandoned. Proposed, via this plat, is a 16 ft. utility PA ement c,)ntsining a new e" sewer line to be built at the applicant's expense. The options for the exact location of this easement are noted on the plat, and are to be finalized at the time of final platting. City services and facilities, including water, gas, sanitary sewer, 1 teleplione, electrical, and solid waste, are available. There is one lot0 adjacent to the site, which is used residentially. The applicant is aware that the landscape ordinance requires a six foot screening device separating the lotq. i The replat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. I4 t 1 I City Council Report Format Denton Area 'reachers Credit Union I~ r: ge I kl I PROGRAMS, DNPA.1TKEN1'S OR GROUPS AF MTE03 The applicant will contract for re-routing utilities. This wtli be done by a private firm, with the Denton Utility Department reviewing engineering drawings prior to the work. FISCAL IMPAC'n Review and inspection time by the Denton Utility Department. Respectf eubmttte t Pr r t Lloyd Y Harrell City Manager i C. Owen Yo4t-'-" i Urban Planner APpr veds Yi L. F ank H. Dias, A 'P E:ecutivs Director Planning and Development 1930x/2 1 I ' I i i ~111 C ATTACHMENT 1 p89©164 NORTH U I>~ UCCA rill r- . . ~I~ M ~ D O p c~u•-c-~ [ JaC~ f N~pCRY QL~ l ~y 1 MULBERRY ❑ ~ ` C~ YCAMO f011IM a®~ t LA N a a E4LE 0~2 111 p c M I SCALE NDN!-- DATE I J I 3Q V 4 I a f • I P 8 9 0 1 9 ATTACHMENT 2 STFlEET• MULBERRY f ( Ire ~ ~ iM~f ~ ~ ' V[ Feuw t~ ..per O nA~.ff y 1 d4f S •M ,y7 • Y LOT 1 f•, ic aN LOT 7 1 iw.N wY nfa .C i i+v. t• C0 M, G v •H f w• 1.1. I - r f' rr . J L~- / ,11 r 4 i~r f a yY - •~^T-~2__ ,T. ^w.. i I I s [ ~ ~ ~ ~ •,r r I I • A I IV ♦ry eat , ♦ W •'s E t r+.et,.,f O~c9' 1 t t I ~ I •1! ^ ~ • ,r ~I /~•aW rMrMJi '9e •M I I ara (t 1 I . ,.a l,.( / yl •d ~0 • "~I ! fr ..nn/{11b O did I i ~ SVCAMOr3E-ta 5.1QEET Ti`,; "ro'wlir • e 1 1 .aJ t iqn ' •..u wMCE 4 4 NOTE ! Dent On area Te+[llere Crsdlt 'InlOn iTAR SFw[R7 771 vets abet ryy ftrw! OPr'oN•, Fog sAN Y Denton, Sottse 1i7g1 ' ' i11717H•eSIS CD Aw. DQAwN IN [ONNrc r QtIYTNG 7VEVtTO[ ® 46ANWN MeD [LrSeuTr1 L E, L+nd A+re ful esyatsr intorpo rated 11 LAN[ IN w+vtR[f [a( lT4llT CNaf TN or is Es DATCU !A[IL•Ty~ ro P¢oOUStP N[•'`/ MANt.OL[ w t%T ST OF 701 hest Ntelery faits 717 DQAINAQ[ Or Tfrt, D+ftt Onr Ttae 1!707 Tu fft.tiT,raO 10171301.41L6 OWnt 16'U C PACAIlfI a OQ 7 ' • L 14"D sit eel Lton fed ,l4 found lion rod esnllery pnAote _+Y[••'.,.. water "in ffM file M1ydl+n! +ti.... 9+e line eor, t+rl taut lifts M + SL street ma \I „r.•„ unEtr'teund nUalrle lifts ueetrte etonsftltar aw underground lslopnono line i ~ , „ ••Ml I..1 D«r ..a•u• gnu I KCAL! "OP-40- ()ATE J i - T T-W t X I` r `I I DRAF JI, ` MINUTES Planning and Zoning Commission September 13, 1969 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, September 13, 1989, at 5:00 p.m., in the Council Chamber of the Municipal Building. + Present: Euline Brock, Jim Engelbrecht, Ivan Glasscock, Judd Holt, 11 William Kamman, and Etha Kiker Absent: Fran Morgan ` Present from Staff: Frank Robbins, Executive Director for Planning , E and Development; Elizabeth Evans, Planning Administrator; Owen Yost, Urban Planner; Joe Morris, Assistant City Attorney; David Ham, Water/Wastewater Utilities; Ernie Tullos, Director of Electric Utilities; Jerry Clark, City Engineer; Renee Baker, Civil Engineer; Loo Allison, I Senior Civil Engineer; Cecile Carson, Administrative Analyst; and Olivia Carson; Clerk-Typist Chairwoman Brock called the meeting to order. The Commission agreed to postpone the public hearing of Z-89-012. Mr. Glasscock left the meeting. i VI. Consider recommanding approval of the preliminary replat of the Denton Area Teachers Credit Union, Lot 1, Block A, and part of Lot 2, Block B, Baines Addition, and part of Lot 2, { Block 26, original Town of Denton into Denton Area Teachers Credit Union, Lotc 1 and 2, Block A. 81AFF REPORT: Mr. Yost stated that the plat is a 2.606 acre 1 tract located one block west of Elm Street, between Mulberry I and Sycamore Streets. The tract and all adjacent land is zoned central business. An existing 6" sewer line will be abandoned. A 18 foot utility easement containing a new 6" soar lino is proposed. The options for the exact location , of this easement are noted on the plat, and the petitioner will choose one of them at the time of final platting. There is one lot adjacent to the site which is used residentially. The applicant is aware that the landscape ordinance requires k a six foot screening device separating the lots. The replat confopms to the minimum requirements of the Denton Subdivision and Land Development Regulations. Ms. Brock asked if the residence will be surrounded by the Credit Union. Mr. Yost stated that it already is and he showed the Commission the proposed now drive-through pattern. j t a 4 DRAFT Paz Minutes September 13, 1989 Page 2 RECOMMENDATION: Mr. Yost stated that the Development Review Committee recommends approval. Q14I 10 : Mr. Kamman moved to recommend approval of the preliminary raplat of the Denton Area Teachers Credit Union, Lot 1, Block A, and part of Lot 29 Block B, Baines Addition, and part of Lot 2, 81ock 25, Original Town of Denton into Denton Area Teachers Credit Union, Lots 1 and 2, Block A. Seconded by Mr. Engelbrecht and unanimously carried (5-0). Mr. Glasscock returned to the meeting. 1 i i f I i ~I I L) i x i L I y I i ~ I I i i ~ 1 FJLJE i i i I i `f ' P r 9 2517LI1589 NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO CONTRACT BETWEEN THE CITY OF DENTON AND PROVIDING FOR AN INCREASE IN THE CONTRACT-MCE•,' EFFECTIVE DATE. ' WHEREAS, on Au Lust 1, 1989 , the City awarded a contract for the construction o certa n mprovements to Landmark Construction d Company in the amount o 701.585.00 8-n- WHEREAS, the City Menager having recommended to the Council that a change order be authorized to amend such contract with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the change order to the contract between the City an Landmark Construction Com an , a copy of which is attached fi stet-, Ln tie emmount of Ei it Thousand four hundred an, Sixt five dollars and 50 cents o ars 8465.50 is ere y approve an t e expenil~tuce of funds t are oc Is e-Thereby authorized. SECTION II. That this ordinance shall become effective imme ate y upon its passage and approval. i PASSED AND APPROVED this the day of 1989. I ATTEST: ~Et3NIFE` R~TA[~E ST, Lr~'1'~~~ APPROVED AS TO LEGAL FORM: I DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY II BY: i I i tj DATE: Leptember 19, 1989 CITY COUNCIL REPORT TOs Mayor and Member of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #9974 SENIOR CITIZENS BUILDING EXPANSION CHANGE ORDER #2 for $8,469.50. RECOMMENDATION: We recommend this changer order be approved for the amount of $8,465.50 to Landmark Construction Company, Inc. Of Denton, Texas. SUMMARY: The bid for this construction was opened on April 25, 1989 and awarded by council on August 1, 1989. Change order 11 a proved total amount of the contract by $16,287.00 makingvtheecontractetotal of $701,585.00. This changer order #2 is for adding Peir Casing of 1305 LF at a bid price of $6.50 per lirr,er foot. This was an alternate item on the original bid and it became necessary for us to use the casing. See attached a listing of the extra charges and deletions for this change order attached. BACKGROUND: Architects, letter, change order with ~ h back up information. PROGRAMS4 DEPARTMENTS OR GROUPS AFFECTED: The completion of t..s projects, Parks and Recreation and the Senior Citizens of Denton. j FISCAL IMPACT: Fund 261-031-0062-r006-8502. There is no additional impact on the General Fund. Respectf lysubmitteds Lloyd Harrell Prepared bys City Manager j 6s J h ~ shall itle Purchasing Agent } A v~,d: i i e ~ n Marshall ties urchasing Agent I ~ f } 'CHANGE OWNER o ORDER p ~CrOR o MD O A/A DOCUMENT G701 OTHER U PROJECT: Senlor Center Addition CHANGE ORDER NUMBER: Two (2) (name, address) City of Denton, TX DATE: August 21, 1989 (P.O. Box 191019) TO CONTRACTOR: ARCHITECT'S PROJECT NO: NPH 8812 (name, address) Landmark Company CONTRACT DATE. May 16, 1989 2016 W. University Dr. gcJ` Denton, TX 76201 CONTRACT FOR. General Construction The Conu= is changed as follows: Pier Casing; 1. Add 130S Lineal feet of casing for pier hundatlon, ADD $8,482.50 2. Credit for lesser footage of total pier depth. <$220.00> 3. Add to contract time 16 days, due to additioral -0- work to case piers. Relocate piers; 1. Relocate piers E.2, BIC.11, and A.14, also rework by adding additional steel reinforcing and concrete. ADD $207.00 TOTAL ADDIIION {8,+169.50 i Not veld u"M deed by do tlwrtar, JYdMd and Contractor. - 1 The origloal(Ccaewa SumIRi1MMM1t11aft1Yi0IYlebpa'a 1 717,872.00 I Na dmp by pfeyta* nabtd wil0xvp OM= t <16, 287.00> The (Coerract 5%G)IQRVwwmwww""prior loft ampoeder was.......... I 7010S8S.00 The (ConoW ft" (146MMMU MIt1111M1<r1 N will be 0=0000 fy1ts01r11" (IfiH1M "by thtf Chaw Orda in rife amom of ............................1 8, 469.5 0 The Derr (COMM fqm) (Owed 1lodenm pdod kutiftl d* Cb=W Orda will be ..1 710,0;4.50 T'he Caoaace Tbw willbe (knered) (~18fIt~e1 b1 ( 16 ) days. The dxce o(SiOmMUCOMpkillon m c1(ft dswo(ft Cl F O,da 6ael'ore b March 8th, 1990 (June 16th notice to proceed; 250 days = Feb. 20, 1990) . ten Tbb P o wy don not naen dims in do Caw= &M COMM Time Of C"ru:tetd Mu forum Price wtd& have beat WMAwd by DWxdm A- i ~ 1 ~k;~+.,-~---.- t w,ufmark Gemnany O~r --NrJtilY of Danton 9Dailai eiw*way, #710 016 W. University Drive 215 E. McKInney Ad&m _ rims X 76201 aI as`'TX 7 2 Denton t 76201 Denton--T H ~ DA DATE Ti Ta _ JIL. DOnla111111110r T , . 1~7 AGE • 01947 • 7H6 AM Or S ARC YM AYL. Nt.. 1IAYSPK+TON. 0 .C.:0006 0701 ~T~Q7 { I 1 1 r I I LANDMARK COMPANY - GENERAL CONTRACTORS Hlphwsyll West 206 W e to , University P.O. Box 1242 On 76201 GalnesylHe, Taxes 78240 6 17 817.38833.3 .3899 817168-0455 July 25, 1989 NPH Architects 16479 N. Dallas Parkway Su.te 710 Dallas, Texas 75246 RE: Senior Center Addition 509 N. Bell Avenue Denton, Texas 76201 I 14,e heraby request your approval of an extension to the mandatory _om;;i tics date on the above referenced project due to delays caused rev -aatr.n Piers on the following dates: Jul 11, 1969 July 20, 1989 1 } July 21, 1989 July 12, 198 July 22, 1989 July 1, 1989 July 23, 1989 ~JI I l y 144 , 1989 July 24, 1989 July 15, 1989 July 25, 1989 JulS 16, 1989 July 26, 1989 i July 17, 1989 ~ July 18, 1989 July 19, 1989 Pl~.ase contact me with questions or comments or indicate approval below and return one copy. We appreciate your cooperation in this matter. 1 LANDMA K MP NY el, Floyd J. Akins Approved /7 DATE s J T, JR 7 1 f LANDMARK COMPANY 1213A PRIMROSE DENTON, TEXAS 76201 BREAKDOWN ON EXTRA CHARGES AS PER SENIOR CENTER PIER SCHEDULE & MOVING PIERS 1. Credit charges for pier drilling: original Estimate! 59 piers Q 19' to bearing strata =.t121 tot. If Actual Footage: 59 piers per attached pier log = 1033 tot. If credit for lesser feet 88 tot. if 88 lin. ft. Q s2.50/lf = credit (220.00> f , 2. Extra charges to case Piero: Total lineal feet to bearing strata: 1033 If Total lineal feet for penetrations: 272 if 1305 If ~ Total lineal feel of casing: (8,482.50 1305 If casing Q $6.50/if j 3. Extra charges for offsetting Piers to clear underground electrical service as per revised drawings by NPH Architects: 43.00 Reinforcing Steel Forming Materials 62.00 Labor 75.00 Overhead & Profit 27.00 Total cost to offset piers i207.00 $207.00 TOTAL OF THIS CHANGE ORDER REQUEST (ITEMS 1,2,3) $8,469.50 I -tr low Ttnutt*~ ~LiY o.M1 1JA 'A A- n DO-Vattion CITY of DENTON, TEXAS Civic Center/ 321 E. McKlnney~ Denton, TX 7620 i M E M O R A N D U M a a a a a a f a a a TO., Betty McKeanr Executive Pi rector for municipal Services and uEconomic Development FROM: Steve Brinkman, Director of Parks and Recreation DATE: September 15, 1989 SUBJECT: Senior center change order The change order for the Senior Center expansion was needed because of the extra work needed by the contractor (Landmark Construcrion) to drill the piers for the building. This additional cost amounted to $Brd69.50 which increases $710,054.50. The change order will the cometfrom contract Steve Brinkma~ I 1 ADM0337 j )J~ 1 1 l Denton perk6 and Rocreatlon I Denton, Texea I (817J i0tt•9?70 . J I i r x L-L-L L-1 i ~ i ~ i I i ' w i IN' 0 1 11 1 II.A.4-11111 [III 11111 11 11 1 T-W t a F s i ti, r j B, 2651L-3/3689 NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therefore; NOW, 'T'HEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construct on o public works or improvements, as described in the "Bid Invitations', "Bid Proposals" or plans and specifications on file in the Office of the City's Purt;hasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1012 Larry Manning, Inc. 16,953.00 1008 A & M Plumbing 149,334.00 SECTION II. That the acceptance and approval of the above competitive id shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notifi- cation of the award of the bid. I SECTION III. That the City Manager is hereby authorized to execute a necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. I S SECTION IV. That upon acceptance and approval of the above competitive v3vee bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective imme atd ely-upon its passage and approval. PASSED AND APPROVED this the day of , 1989. I M STEPHENS { i I ATTEST: y J E I ER AL , CITY SECKE7M I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY J 1 BY: i i ~ PAGE 2 1 1 wi f. DATE: S7,PTE1ABER 19, 1989 CITY COU17CIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 41008 - RESIDENTIAL WATER RELOCATION RECOMMENDATION: This bid was sent out to eleven prospective bidders and received three bids, we recommend this bid be awarded to the low bidder A.& M. Plumbing of Denton for $49,334.00. SUMMPRY: This bid is for the installation of new water service lines to residential customers. The new water mains to these residences have been installed in the streets of Mack and Briarcliff Additions. The original lines were installed within an easement at the rear of the houses. The old lines will he abandoned after the time the new lines are installed. I i BACYGROUND: Tabulation Sheet to be presented to the PUAB next Tuesday, Septenber 19, 1989. i 1 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Citizens of Denton on these streets, and the water Utilities. FISCAL IMPACT: There is no additional impact on t•le General Fund. Respectf ly submitted: Lloyd arrell City Manager Prepared by: i o o: o n J. Marshall NTi': Purchasing Agent Approved: Ja e: J Yi J. Marshal fit : Purchasing Agent f 016.DOC c r i 4 I i i I HID# 1008 I I RUCTIO S 01CFERSON BID RESIDENTIAL WATER RELOCATION I CBS I A.& M. I STRUCTIODI PLUMBING I CON I I i I OPEN SEPTEMBER 5, 1989 i I ACCOUNT # I I VENDOR # I QTY l CRI i i VENDOR I 'ITEM PTION VENDOR I ~ 1- ~ 1 I i i TOTAL I 94,334.00 ± 110,000.00 I 119,151.00 h II YES i YES } CC i i ~ I i I I ~ I I ~ I I I I C~ { r low.- I September 19, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: CONSIDER BID OPENING #1008 TO A&M PLUMBING FOR RESIDENTIAL SERVICE RELOCATION WITH FY 88 MISCELLANFOUS WATER LINE REPLACEMENT. RECOMMENDATION: ' The Public Utilities Board, at their meeting of September 19, 1989, recommended to City Council approval of Bid Opening #1008. I SUMMARY: i Bids were opened September 5 1989. ~ The results are shown on the bid summary attached. AAM Plumbing of Denton, Texas, is the lowest qualified bidder. A&M Plumbing's bid was considerably lower than the two other bids. Staff contacted AAM Plumbing to verify that they had not made any mistakes in preparing their bid and that they do desire to be awarded the contract. AEM Plumbing is confident of their bid and they do wan; the contract. y ~ J BACKGROUND: Included in a previous bid were replacement water lines in the Mack and Briarcliff Additions. The original water lines were installed in easements in the rear of the houses. Because of maintenance problems, these lines will be abandoned and have already been i replaced in the streets. This bid includes the abandonment of the old service lines and the installation and connection of the new = service lines. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton, Denton Municipal Utilities, and A&M Plumbing. i i i CC Agenda Item Page 2 FISCAL IMPACT: FY 88 Replace Miscellaneous Water Lines $288,626.00 Budgeted Amount Amount Encumbered and/or Spent to Date 294,000.00 Estimated Construction Period 50,000.00 Engineering Services Bid Proposal 499334,00 Sub Total $393,334.00 Amount Over/(Under) Remaining Budget ($950292,00) Source of Funds: Replace Miscellaneous Water Lines 621-081-FA88-91141 FY 1988 Respectfu ly submitted, IN i y e , Mana r Prepared/Approved by, ,-Nelson, Executive rector Department of Utilities Exhibit I Bid Summary II Project Location i i 6507U:5-6 1 I 1 DATE: September 19, 1989 CITY COUNCIL REPORT TO: Mayor and members of the City Council FROM: Lloyd v. Harrell, City Manager SUBJECT: BID #1012 RUDDELL STREET SIDEWALK RECOMMENDATION: We recommend this bid be awarded to the low bidder Larry Manning, Inc- of Denton, Texas for item 1 $16,953.00. SUM11ARY: This bid was advertised posted and sent to thirteen prospective bidders. We received three bids on three different proposals. We are recommending the t bid R one iswfor Cro sftieeretaining posaalllss nna portiontofethetsidewalk. Item i 1 BACKGROUND: Tabulation Sheet, Memo Barbara Ross of CDBG. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: CDBG Projects and the Citizens of Denton. FISCAL IMPACT: There is no additional impact on the General Fund. Respect ly submitted: U Lloyd Harrell City Manager k Prepared bys J i ' 4am *on. Marshall Title: Purchasing Agent Approved: f G J. Marsha 1 { Ji0t, Purchasing Agent I i ~ I 1012 o Bid Ruddell Street Sidewalk A Account No.214-052-CD27-8502 V 0 U u Opened 2PM 9-7-89 a u , RUDDELL ST. SIDEWALK. c 0 U U DESCRIPTION TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL UDDEL ig,997.00 19,095.25 16t953.00 1 1 WITH CROSS TIES RETAINING WITH PRE-PACKAGED RIP RAP NB 21,622.50 18,525.50 ~ 2 1 WITH CONCRETE RETAINING 22,172-00 19 728.00 3 NAZI - BOND C CHECK YES YES i ~ f { 1 02 t CITY of DENTON CDBC Office 1108 weal 04% Denlon, Texas 76201 (817) 5664580 MEMORANDUM To: John Marohall, Purchasing Agent From: Barbara Ross, Community Development Coordinator Date: September 8, 1989 V subject: Ruddell Street Sidewalks The Community Development office requests the acceptance of the bid by Larry Manning for the construction of the Ruddell Street Sidewalks. His total for the first option which includes the use of crossties for the retaining walls is $16,953.00. This option is preferable. I Please call me at ext. 8480 if you have questions or need further information. Thank you. 3A~IW_Y~' Barbara Ross 1 C~ E hi"Rie Ainenc mTaMon k The CommunJ ty Deaelopmeat Block anat- K Deeds at home. In the bm1111. and throughout the n4hbothood. t II 1 I I H+j fW 1-W A M t r t 2651L-1/3689 # V N0. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR 'rHE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Wit EREASI 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 f WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest ervices responsible in bids for the "BidtProposals~lsubmi ted therefor; and or ' s WHERFAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, E THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION 1. That the numbered items in the following numbered bidsfor ifferials equipment, supplies, or services, shown in the "Bid 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: I BID ITEM AMOUNT N1N.BER N0, VENDOR i 1018 1 Rainco of Dallas $33,926.00 ~ I i } i SECTIO14 11. That by the acceptance and approval of the above numbered-items of the submitted bids, the City accepts the ofier of the persons submitting the bids for such items and agrees to purchase the materials, equipinent, supplies or services in accordance with the terms, specifications, standards quantities and for the specified sums contained in the Sid Invitations, Bid Proposals, and related documents. SECTION 111. That should the City and persons submitting approved and- 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 'I or his designated representative is hereby aut6rieed to execute I the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions apecificntions, standards, quantities and specified sums contained I in the Aid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numberecT-items of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. ~ I SECTION V. That this ordinance shall become effective immea3a-tely upon its passage and approval. PASSED AND APPROVED this day of , 1989. I FjY 59' , MAYOK i ATTEST,. I JE~it3IFEkTSIAT.!'ECt~; Z`I`i`Y~~CR.t~r f~tY APPROVED AS TO L.F.GAL FORM: DEBRA ADAMI DRAYOVITCN, CITY ATTORNEY ' i 1 BY: 1 PACE TWO 1 J I DATL•': September 19, 1989 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. llarrell, City Manager SUBJECTS CID #1018 SCUM BUSTER PUMP RECOMMENDATION: reco product Raincohof Dallas forr2epumpstat $16,963-00 eachetotal ofe $33,926.00. SUMMARY: Th s bid was sent to all known supplies and we received only one bid from the local distributor. This is a one of a kind pump and we could find only one manufacturer. We have checked other users and find I this to be a fair bid. BACKGROUND: Tabulation Sheet i memo from Asa Brown. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Waster Water Treatment removal of the scum without taking some other equipment out of service will speed up operation and keep down a scum buildup. F1SAL IMPACT: There will be no additional impact on the General Fund. } Respectf llyy/submitted: Lloy . ttarrel City Manager Prepared bys m j. M shall (A ijtWt Purchasing Agent Approved: i ~ i ?44 hn Marsal l ) re: Purchasing Agent I I I 1 i Q Inu V`n 11 V~ Jl1GC1 Bid No. 1018 000 f 8d Scum Buster Pump v, .fit x 0 ~ tw I-1 0 Account No. 021-082-PA88-8478-911 a 00 N Gl 4 ~o s; N ro Opened 2PM 9/12 89 _ tj O U ~ ro w G 1J cx 0 r•t to , DESCRIPTION I TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL 1 I 963.00 f 2 Pumps 33,926.00 li C f , I w I ~ K ~ CITY&AENTONMUNICIPAL UTILITIES /901•ATexasStreet Denlon,TX78201 hi &?-Q- A_LU U M 7u: John Marshall, Purchasing Agent k1m Asa Brown, Supt., Water Reclamation Plant DAZE: SepLember 12, 1989 SUBJ: Lowest qualified Bidder for Scum Buster Pu m acmesaxzsesaaxszessassxsaszzxaxzzzssssxszassxxaa~zazsxxzxazs:azaaxaassxzzs Based on the attached bid tabulation results of September 12, 1989, 1 recommend that we purchase two scum buster pumps from RAINOD of Dallas, Inc., per their bid of 133.928.00. 7tuese lxumps will allow scum removal withnut taking the primary afurther re digester out of operation. In addition, they will help prevent and future scum buildup. AB:vg E IAB004.Doo i xe, R. E. Nelson, RKecutive Director, Department of Utilities C. David Has, Director, Water/Wastewater Utilities I i If t k t 3 ~ J i W r k~ I f I k ~I i i p. t of 3Eee ~..a,:,y.. to sx Y 1 CITY of DENTON 1215 E. McKinney / Denton, Texas 76201 MEMORANDUM DATE: September 11, 198) TO: The Honorable Mayor and Members of the City Council FROM: John F. McGrane, Executive Director of Finance SUBJECT: ADUPTION OF 'HiE ANNUAL PROURAM ON SERVICES FOR 1989-90 Pursuant to the discussion and consensus reached by Council during the budget workshops, the City Manager's proposed 1989-90 budget will be amended as shown in Exhibit "A" if final approval is voted by Council. In addition, any changes Council chooses to make prior to the adopttou will be Incorporated into the final approved Annual Program of Services 1988-89 budget. The attached ordinance will approve and ratify the Annual Program of Services for the fiscal year 1989-90. n McGrane 1 MMcU:af 4842F { VIA C r 2777L I ORDINANCE NO. AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 19890 AND ENDING ON SEPTEMBER 30, 1990; AND DECLARING AN EFFECTIVE DATE. WHEREAS, notice of a public hearing on the budget. for the City of Denton, Texas, for the fiscal year 1989-90 was heretofore ppublished at least fifteen (15) days in advance of srnid public hearing; and WHEREAS, a public hearing on the said budget was duly held on j the 5th day of September, 1989, and all interested persons were given an oppportunity to be heard for or against any item thereof; , NOW, THEREFORE, 1i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The budget for the City of Denton, Texas for the fists year eginning on October 1, 1989 and ending on September 30, 1990 prepared by the City Manager and filed with the City Secretary, as amended by the City Council, is hereby approved and adopted, a copy of which budget is attached hereto and incorpo- rated by reference herein, SECTION 11. That the City Manager is hereby authorized to trans e Me amounts of money contained in the Reserve for Employee Benefit Adjustments as contained in the 1989.90 budget k to the various departments as needed. I SECTION III, That the City Manager shall cause copies of the budget to be moiled with the City Secretary and the County Clerk of Denton County. SECTION IV. That this ordinance shall become effective imme at3i~ eT`upon its passage and approval. PASSED AND APPROVED this the day of September, 1989. Ray Stephens , Mayor ATTEST: i enn er Walters, City ecretary APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY J h 4 ` n r r EXHIBIT A RECORD OF AMENDMENTS TO THE PROPOSED 1989-90 BUDGET INCREASE PAGE ACCOUNT NUMBER DESCRIPTION (DECREASE) wtww:tttt:twtwwwtttttwttwtttttttwttw:ww:wttwr:wtwttttttwwwttwtttttw«wt 1 GENERAL FUND REVENUES: 60 100-000-6725 Street Cuts 32,200 60 100-ODO-6730 County Contrib-Library (22,089) 59 100-000-6518 Court Administrative Fees (91450) 59 100-000-6501 warrant Fees 29,789 60 100-000-7101 Admin Transfer - Electric 11,891 100-000-1103 Admin Transfer - Water 100-000-7151 Admin Transfer - Sanitation 39795 GENERAL FUND EXPENDITURES: 109 100-03;-0017-8341 Office Machine Maint 118,125 4,075 100-036-0017-8502 Special Services 75 100-011-0005-8101 Office Supplies (500) I 100-011-0005-6102 Books and Magazines (500) 100-011-0005-9102 office Machines (750) 25,300 191 100-041-020M-8538 Classification Study i !I 189 100-051-015M-8966 Ilandi-Hop 2,000 100-051-OISM-8972 AIDenton (41250) + ICO-051-015M-8970 Ann's Haven Hospice (51000) GENERAL FUND INCREASE (DECREASE) (7,250) UTILITY FUND EXPENDITURES: 246 610-080-25OM-8602 Admin Transfer - Elect 110891 j 274 620-081-450M-8602 Admin Transfer - Mater 90614 I 286 630-024-OBOM-8902 Admin Transfer - San 31795 225 610-080-0250-8504 Econ Dev Contrib - Elect (80000) 253 d10-081-0450-8502 Econ Dev Contrib - Water (41000) 265 610-082-0451-8502 Econ Dev Contrib - WW (41000) UTILITY FUND INCREASE (DECREASE) (90300) t ' .f r 1 I 1 107 i i 1 4 i 1 ~ I I I J 1 i I i ~Y " t r' CITY of DENTON ! 215 E, McKinney ! Denlon, Texas 76201 MEMORANDUM DA1'h: September It, 1984 TO: Tne Honorable Mayor and Members of the City Council FROM: John F. Mckirane, Executive Director of finance f SUBJECT: ADOPTION Of 'fNE AD VALOREM 'fAX KATE FOR 1989 Pursuant to Council discuW ons, the attached ordinance will approve the ad valorem tax rate for the year 1989. Also included within the ordinance is the recommendation submitted to Council in the Major Budget Issues ~Re oorrt_ to increase the exemption of persons s~ixtY-Mve years of age or older for the second year by $1,000 Uringing the total tax exemption to $18,000.00. f o h. McUrane J MMCD:af % 4841E i i i i t i j I - - r ~ r r --~r•.R O i t~ Y i 1 2775L ORDINANCE NO. r AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 1989, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY ON JANUARY 1, 19890 NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: j SECTION I. That by authority of the Charter of the City of Denton; Vexes, and the Laws of the State of Texas, there is hereby f levied for the year 1989, on all taxable property situated within f the corporate limits of the City of Denton on the first day of January, 1989, and not exempt by the Constitution and Laws of the State of Texas or by Section 11 of this Ordinance, a tax of $.6240 on each $100.00 assessed value of all taxable property. SECTION II. That of the total tax, $.4154 on each $100.00 of assessed value shall be distributed to the General Fund of the City to fund maintenance and operation expenditures of the City. SECTION III. That of the total tax, $.2086 on each $100.00 If I ' of assesse3 value shall be distributed to pay the City's debt service as provided by Section 26.04(e) (3) of the Texas Property Tax Code. SECTION IV. That pursuant to Article VIII, Section 1-b of the TiVa-s onstitution, $5,000.00 of the assessed value of resi- dent homesteads, shall be exempt from City ad valorem taxes. SECTION V. That pursuant to Article VIII, Section 1-b of the Texas oust tution, $18,000.00 of the assessed value of resident homesteads of persons sixty-five (65) years of age or older, shall be exempt from City ad valorem taxes. SECTION VI. That for enforcement of the collection of taxes here y5lov~ied; the City of Denton shall have available all rights and remedies provided by law. j SECTION VII. 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 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. i J v y 7 SECTION VI11. That this ordinance shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the day of September, 1989. STEPHENS9 MAYOK ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: J DEBRA ADAMI DRAYOVITCH9 CITY ATTORNEY . I 4 E r f BY: LJ f I k Y .1.4 LJLJI~ffff i i r i ' r I 1 fill I 1+1 71, T'N c y l 4 4 September 19, 1989 F! CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Managers SUBJ: CONSIDER APPROVAL OF PROPOSED ELECTRIC, WATER AND WASTEWATER RATES. RECOMMENDATION: The Public Utilities Board and Staff recommends approval of the , subject rate ordinance. SUMMARY: The 1990 Electric, Water and Wastewater Rate Studies were presented to the Council on August 29, 1989. Subsequently, on September 12, 1989, the Council again reviewed the Electric Dusk-to-Dawn rate and recommended that this rate be kept unchanged. T'ie proposed changes would eesult in a 1.6%, or $887,491 reduction in electric rates, an 8.27%, or $834,680 increase in water rates, and an 8.5%, or $480,468 increase in the wastewater rates. i Ordinances of the proposed electric, water and wastewater rates are attached. The Standby and Supplemental Power rate has been removed from the group of rates previously reviewed with the Council in order to give the Legal Department additional opportunity to research all aspects of this rate. This rate will be presented to the Council at a later date for consideration. A copy of the backup information provided in the agenda item of August 29th is attached. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities, Public Utilities Board, Customer Service Department, Data Processing, Legal Department, City Council, and the Citizens of the Community. } i I rf1 _ ' r t: y M1 City Council Meeting Page 2 FISCAL IMPACT: The proposed changes in rates are 1.6% reduction in electric, 8.27% increase in water, and an 8.5% increase in wastewater, which results in an increase of .6% in revenues. % Amount From To Decrease in Elect 1.60% $887,491 $55,436,760 $54,549,289 Increase in Wtr 8.27% (834,680) 10,097,498 100932,178 Increase in Wstwtr 8.50% (4809468) 5,7460688 69235,156 Overall Change 60% $435,657 $71,280,966 $71,716,623 i Respe ily Sybmi t LloyVHarrel I, City Manager ~ i Prepared/Approved by, ~ • ~ 1 Gc.Ga~---~ Nelson, xecut vp irector~ Department of Utilities Exhiuit I Electric Rate Ordinance II Water Rate Ordinance III Wastewater Rate Ordinance IV City Council Agenda Item of August 29, 1989 6509U:1-2 -F low + i 1 ~ 4 4 t k R' August 29, 1989 CITY COUNCIL WORK SESSION ON RATES TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJ: DISCUSS AND RECEIVE REPORTS ON ELECTRIC, WATER AND WASTEWATER RATE STUDIES. RECOMMENDATION: n Receive, discuss, and provide Staff input regarding subject rate studies. The Public Utilities Board, at their meeting of August 23, 1989, recommended to the City Council approval of the proposed rates. v SUMMARY/BACKGROUND: Rate Studies have been performed for the Electric, Water f and Wastewater Departments in order to establish cost based rates that will collect revenues commensurate with the cost to serve the respective customer classes, Dipa butia, Financial Analyst in the Utility Administration Department, performed the rate studies for the Water and Wastewater Departments with Paul b Rachael Reese, of Texas Water Company, reviewing the methodology and allocation of + costs. C.H. Guernsey b Company, Consultants, performed the Electric Rate Study. Both C.H. Guernsey and Texas Water Company representatives will be present at the Council meeting to present the respective studies. i The 1990 Electric, Water and Wastewater Rate Studies were resented to the Board on August 4 and August 23, 1989. The proposed changes would result In a 1.61 or $887,491 reduction in electric rates, an 8,271 or $834,680 increase in water rates, and an 8.51 or $480,468 increase in wastewater rates. The studies were based on the 1990 budget and proposed 1990 capital expansions of the respective utilities. Billing determinants, i.e., number of customers, electrical or water/wastewater demands and volumes, are based on 1990 4 forecasted values. i I I ti A "Financial Analysis" of all input data was performed, and k after minor adjustments, served as the input information for the "Cost of Service" part of the study. Two revenue requirement methodologies were used in the cost of service part of the study. They were the equalized debt service coverage ratio (DSCR) methodology, and the equalized rate return (ROR) on method invested is Le the capital l basmethodology. Generally, the is"$ which assures that each customer class provides sufficient cash to cover their share of the debt service. The ROR method is the "utility", or accrual method, and assures that each customer class provides a sufficient return on investmer.; to cover all expenses associated with their share of investments in.facilities serving their respective class. Upon developing the revenue requirements of each customer class, a "target revenue" was developed for each customer class. The target revenue may differ from the cost of service report of either the DSCR or ROR methodology when major shifts are occurring in cost allocations and it is deemed inappropriate to implement rate change that either methodology may indicate is required. In the rate design phase, the facility charge, demand ! charge, volume charge, summer/winter rate differential, I volume block arrangements, etc., are developed. a In the rate study this year, the rates for the wholesale water customers, Corinth and Lake Cities, and the wholesale wastewater customer, Corinth, were developed on, the utility basis. This was done in the manner prescribed by the Texas Water Commission. In this method, all ObM costs are allocated on the basis of their share of 03M costs, which is the same as for Denton's "in City" retail customers. However, instead of allocating debt service as is done for retail customers, depreciation and return on investment is allocated. To determine the asset amount F upon which depreciation and return on investment is applied, it is necessary to first determine the wholesale customer's utilization of Denton's facilities. The wholesale customers utilization of Denton's facility investment is based on their peak, relative to Denton's peak multiplied times total facility cost for such facilities that they use. For example, in the water rates, they use 3.711 of Denton's raw water lines, water plant and water transmission lines. Water transmission lines are considered to be all lines over 12". The depreciation amount is their 3.721 share of the total depreciation. The return on investment amount is 9.S1 times their 3.721 of asset base. The 9.51 was derived from 9 the addition of Denton's overall 81 embedded interest rate plus 1.S1 which represents Denton's risk for making investments on their behalf. All raw water furnished to the wholesale customers was assumed to be purchased from Dallas at 44.240/1000 gallons. g pF t S 1 h s . Electric The Electric Study was based on a 1.61 rate reduction, which will produce total 1990 revenues of $54,7S6,780, with total expenses of $53,868,000, which results in a 1.221 margin or $680,000. The rate design is based upon 27,776 customers, 757,552,000 KWH of sales, a demand of 186 MW, and an asset base of $44,043,863. Due to lowering costs of purchased power from TMPA, and continued reasonably priced natural gas for the cities own generators, an overall $887,491 rate reduction is possible. This represents a 1.61 rate reduction. The Cost of Service Study reflects that large irdustrial customers under the present rates are carrying a greater h than their proportionate share of costs and should therefore, receive a larger reduction in rates. Smaller and medium sized commercial and City, County and School j district customers' are conversely not presently paying their proportionate share, and should therefore, actually i receive a slight increase in their rates. See Exhibits 18 Residential electric rates are to be reduced by an average 21 for small usage R1 classification customers and to be i reduced by an average 1.11 for all other residential customers. Churches will receive an average 1.41 reduction. Large industrial customers UP) will receive an average 141 reduction and medium sized industrial (GP) ` customers will receive an average 3.91 reduction. All other commercial customers (GS) will receive an average ` 3.61 increase and City, County and School district (Gl) customers will receive a 3.51 increase. (See Exhibit 1). The reductions and increases listed above are average changes for the entire customer class and will vary depending upon usage and load factor because of the fixed facility charges and demand charge factors. ~_..1 For GS classification commercial customers, there will be no demand charge for the first 20 KW of demand. However, the energ charge will be increased to 6.S6tE/KW1i vs the This 2SOO Hwill All KWHIs over 2500 normal greatly help would be H 3Efor the S!/KWH. first small customers who have been concerned about paying a r " 1 demand charge but use only very small amounts of energy. A typical small residential customer using 500 KWH per j month would experience a monthly bill reduction from $38.25 to $37.15. A typical summertime larger residential customer using 2000 KWH per month would experience a bill reduction from $ 7S0/KWH/mo, the bill Swould reduce fromn$5the 9.37 winter $S8 t.gie for e 1 E f e~ Avery small commercial customer with a small office, 1000 square feet, and minimal air conditioning who is open 5 days a week, using 10 KW of demand and 1000 KWH of energy, will experience a reduction from $122.75 to $99.60. Their rate per KWH would be reduced from 12.3!/KWH to 10!/KWH. Larger usage customers using SOKW demand and 10,000 KWH/mo (27.4% load factor) would receive a slight increase from $838.7S to $841.50, with the rate increasing from 8.39[/KWH l to 8.421/KWH. 1 In addition to the standard electric rates, C.h. Guernsey also reviewed the following rates: 1. IED - Industrial Economic Development Rate II 2. TS - Thermal Storage Rate 3. TSS - Standby and Supplemental Service Rate 4. TOU - Time of Use Rates Due to changing costs, these rates are modified slightly from a similar study C.H. Guernsey prepared in December 1988. The Industrial Development Rate provides a SO% reduction in demand c arges or the first year a new or expanding II 1 (greater than 200 KWH) industry begins use of the rate, 401 in, the second year, 30% in the third year, 20% in the i fourth year, and 10% in the fifth and final year. I The Thermal Storage Rate proposed allows an up-front customer incentive payment of $150/KW for each KW the customer can reduce their peak demand on Denton's system. The customer would then be required to receive service on the Time-of-Use rate for an least fivo years, with the addition of $2.S0/KW added to the Time-of-Use demand charge for those five years. Thereafter, the customer would be allowed to go on the regular Time-of-Use rate or an applicable rate if they no longer were using their Thermal Storage system. The Standby and Supplemental Service Rate is for customers who plan to Install their own generation for their base load requirements, but still need a standby electrical supply for emergencies and a supplemental supply for non-emergency maintenance requirements. This proposed rate would have a $121.20/KWH/yr demand charge, payable in 12 equal monthly payments, for any KW demand occurring during Denton's peak hours of 1:00 and 8000 p.m. during June, July, Auggust and September. Plus, there is also a $47.00/KW/yr demand charge, payable in 12 equal monthly payments, for any KW demand occurring during Denton's non-peak hours. Energy costs would be .3i/KWH for non-emergency energy and S.34/KWH for emergency/on peak energy, us the normal energy costs adjustment. See Exhibit IipplI. I t 1 t i. c r The Time-of-Use Rates reflect nearly the same rate as the Standby an upp emen al Service rate. For General Service customers, the rate would be $10.20/kh/mo. for on peak Kh usage and $4.20/KW/mo, for off peak KW, with an energy charge of .3e/KWH, plus the energy cost adjustment. For residential customers, the rate would be 26.11/KWH for peak energy, 1.71/KWH for off peak KWH, plus the normal energy cost adjustment. Water The Water Study was based on a 8.274 rate increase, which will produce total 1990 revenues of $10,932,789, with total expenses of $10,916,548, which results in a .1S1 margin or $16,241. The rate design is based upon 17,416 customers, JJ 4,SO4,126,000 gallons of water sales, and an asset base of 1 $30,854,060. The Water Department would experience an •a 8.111 revenue shortfall, primarily due to the requirement to meet the Lake Ray Roberts obligation without the rate increase. The Cost of Service Study reflects that the wholesale, commercial, and governiaent customers are carrying less than their proportionate snare of costs and should therefore, receive an increase in rates. Raw water and residential customers need a lesser rate increase. See Exhibits 1V 6 V. 1 Residential water rates are proposed to be increased by an average of 5.351. Commercial customers will receive an average 101 increase, while wholesale customers will receive an average 191 increase, The increases listed above are average changes for the entire customer class and will vary depending upon usage. A typical residential customer using 15,000 gallons of water per month during the summer will experience a monthly bill increase from $33.50 to $34.50, or an increase of $1.00. During the winter, with an average water consumption of 71 SOO gallons, a residential customer's bill will increase from $20.00 under the present rata, to $10,63 with the proposed rate increase. A typical commercial customer using 40,000 gallons of water per month would experience a change in their monthly bill from $88.00 to $9S.SO. This represents an increase of $7.S of an 8.521 increase. Wastewater The Wastewater Study is based on a 8.51 rate increase, which will produce total 1990 revenues of $6,327,156 with total expenses of $6,271,578, which results in a margin of .91 or $SS,S78. The rate design is based upon 17,193 customers, 3,182,733 gallons of effluent, and an asset base of $28,117,272. i r I i k M i 5 I Without the rate increase, the wastewater department will experience a revenue shortfall or $432,890, or 7,531 The Cost of Service Study indicates that residential customers are presently paying their proportionate fair share of the wastewater system costs and therefore, an increase is not necessary for residential customers. However, the study indicates that Eating Places, Equipment Services, and Pretreatment Customers impose major demands on the wastewater system for which present rates are not recovering their proportionate share of the costs. Therefore, a substantial rate increase is required for these customers followed by lesser increases for wholesale, regular commercial, and government customers. See Exhibits i While the rate study actually indicated that Eating Places need a rate increase of 781, an average 401 rate increase a is recommended as a first step in phasing in the actual ' costs to this customer class. Similarly, while the Equipment Facilities class indicated that a 771 increase would be necessary to recover actual costs, an average 401 , is recommended. M Finally, pretreatment customers will receive a 301 rate increase, wholesale customers will receive a 14.611 increase, and government customers will receive a 3.51 increase. As mentioned above, residential customers. will v not experience a rate change. The increases listed above ' i are average changes for the entire customer class and will very depending upon usage, A typical commercial customer using 40,000 gallons of water per month will experience a change in their monthly bill from $57.70 'to $64.21. This represents an increase of $6.51, or 11.281 A typical Eating Place with an average monthly consumption of 248,320 gallon effluent will experience an increase in their bill from $403.81 to $S53.S5, representing $149.74, or $37.981. Similarly, an Equipment Facility's monthly bill will increase from $50,01 to $67,08 for an average consumption of 270193 gallon effluent, This represents an Increase of $17.07, or 34.131. The reason for the major increases in Eating Places and Equipment Services is the greater strength of wastewater that such customers discharge to the wastewater system and the greater costs incurred to treat that wastewater. Eating Places discharge large amounts of organic products i 1 Y r, w that raises the biological Oxygen Demand {BOD) at the wastewater treatment plant and require much more equipment, facilities, electrical power, and chemicals to treat. A typical Eating Placc may discharge wastewater with a BOD value of 1000 parts per million, whereas, the average home may have a BOD value of only 180 parts per million. Similar effects are caused by Equipment Service customers, i.e., car washes and garages, except the major component 1 may be the total suspended solids and in some customers, {I the BOD as a result of oil and grease being washed into the sanitary sewer. After presenting the rates to the Public Utilities Board on August 4, the PUB asked the Staff to explore optional rates for eating establishment and equipment service customers who have taken extensive steps to keep high strength wastewater from entering the City's system. The staff developed an option that would place such customers on the regular commercial wastewater rate @ $1.78/1000 gallons vs the $2.20/1000 gals., but then have a surcharge add on (or reduction) the same as the pretreatment customers for any wastewater that had strengths greater or less than 2SO BOD and 250 TSS. The custcmer would also have to enter into a separate agreement to pay for a quarterly test of their wastewater strength. Each such customer would also have to build a sampling manhole. Another option that is proposed to be handled administratively is to allow eating establishment customers who do not process food or discharge foodladen wastewater at their facility to remain on the standard commercial rate. FISCAL IMPACT: The proposed changes in rates are a 1.61 reduction in 1 electric, an 8.271 increase in water, and an 8.S1 increase in wastewater, which results in an increase of .81 in total Utility revenues. 1 Amount From To Decrease in Elect 1.601 $887,491 $S51436,780 $541549,289 Increase in Wtr 8.271 (834,680) 1090979498 10,932,178 Increase in Wstwtr 8.501 (480.469) _ 5,746,688 6,235,156 Overall Change .601 $435,657 $71,2800966 $719716,623 i ~M PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities, Public Utilities Board, Ci Customer Slrvice Department Data Processing, Legal Department, Citizens of the Community. Respec ly subm t ed, oy arre city anager Prepared/Approved by, E. Nelson, Executive Director Department of Utilities Exhibit I~ ESummary xisting vs Proposed Rate Change III Standby, Supplementary and Maintenance Service Rate IV Development of Revenue Targets for Water V Current vs Proposed Water Rates V1 Development of Revenue Targets for Wastewater VII Current vs Proposed Wastewater Rates VIII Minutes PUB Meeting of 8/4 and 8/23/89 I } i 1 3 i i 649$U:1-8 s. EXHIBIT I DENTON MUNICIPAL UTILITIES SUMMARY OF PROPOSED RATE CHANCE FY90 (a) (b) (c) (d) I Revenues Chang. Existing Proposed $ 1 1. R1 _ Residential 1,474,962 1,445,087 (29,873) (2.03) 2. 12 • Residential 18,772,055 18,554,722 1217,333) (1.16) I 3. CS . General Service 19,080,403 19,765,453 685,050 3.59 f 4. Of • Coneral Service fri. 2,388,230 2,488,003 (100,927) (3.47) S. LP - Large rover 91665,970 8,307,382 (1,138,581) (14,06) 6. Rw • Religious worship 475,962 469,297 (6,685) (1.40) 7. T1 • Temporary Service $3,632 60,832 51200 9.35 8. 01 • Local Government 2,760,955 2,858,685 97,730 3.54 I 9. 02 • Street M Lights 320,530 332,956 12,426 7.88 10. 03 • Signal Lights 76,024 78,707 2,683 3.53 11. D1 . Dusk to Dawn Lights 156,036 178,163 22,129 14.11 12. Af • Athletic field Lts. 10,000 10,000 0 .00 13. DW • Total Depton 35,436,780 54,549,269 .(887,491) (1.60) I I t Exhibit II 3 ELECTRIC RATES EXISTING VS PROPOSED EXISTING PROPOSED RESIDENTIAL IRIM FACILITY CHARGE 85.50/!MONTH S6-50/MONTH ENERGY CHARGE 4.65c/KWH 4.23c/KWH RESIDENTIAL IR'L) FACILITY CHARGE 36.50/MONTH S7.50/405TH ENERGY CHARGE SUMMER - FOR 30OU KWH 5.65c/KWH 5.45c/KWH ADDITIONAL KWH 6.15c/KWH 6.0c/KWH i WINTER - FOR 1U00 KWH 5.15c/KWH 4.95c/KWH , ADDITIONAL KWH 4.65c/KWH 4.450/KWH GENERAL SERVICE IGS) FACILITY CHARGE 310.00/MONTH $15.00/MONTH DEMAND 1st - 5KW - 0 - - 20 KW - 0 - ADDITIONAL KW $5.76/KW $7.00/KW ENERGY 1ST 700 KWH 7.50/KWH - 2,500 kwh 6.560/kwh ADDITIONAL KWH 3.5c/KWH 3.5c/KWH RELIGIOUS WORSHIP (RW) FACILITY CHARGE 110.001MONTH $15.00/MONTH DEMAND let - 5KW - 0 - - 20 KW - 0 - (NO RATCHET) ADDITIONAL KW 13.75/KW $3.75/KW I ENERGY IST 750 KWH 7.5o/KWH 7.So/KWH ADDITIONAL KWH 3.25c/KWH 2.92c/KWH j LOCAL GOVERNMENT (01) FACILITY CHARGE 110.0/MONTH 115.0/MONTH I DEMAND CHARGE 14.5/KW 86.0/KW ENERGY CHARGE 3.250/KWH 2.980/KWH GENERAL PRIMARY 10P) FACILITY CHARGE 145.0/MONTH 150.0/MONTH DEMAND CHARGE 15.75/KW 18.0/Kw E ENERGY CHARGE 3.1c/KWH 2.030/KWH LARGE PRIMARY ILP) FACILITY CHARGE 145.0/MONTH 160.0/MONTH DEMAND CHARGE 15.50/KW 19.0/KW ENERGY CHARGE 2.95c/KWH 1.361/KWH ALL ABOVE RATES ALSO WOULD PAY THE PRESENT 1.9 c/KWH ENERGY COST ADJUSTMENT ON ALL KWH USED I EXHIBIT ![I SCHEDULE ES 31-Jul-89 03;09 PM STANDBY c ooitwFNTARY AND HAINTENANOE SERVICE APP A 1~ Applicable in all areas served by the City to customers who (i) uown se,J forr noperate an onemergency lusesiand which hasaaitotalacnameplate nor effective capacity. (whichever is lesser) of fifty (50) kW or more in parallel with the City's electric system for the purpose purpose of generating power for the customer's own consumption, a and (2) employs equipment which is compatible with the City's electric system at the customer's delivery point and which will cause no d..aage to the City's electric system or equipment or present undue hazards to City personnel, and (3) execute an agreement for interconnection and parallel operation with the City. i INT R ONN CTLQJ-9M a The customer shall reimburse the City for any equipment or facilities required as e result of the installtion by the customer of generation in parallel with the City's electric system. i The customer shall pay all costs of the City to extend its facilities or modify then at the time of interconnection, or at some future time in order to permit parallel operation of the customer's facility, TYPE OF SERYICE The City shalt supply alternating current, sixty (60) cycles at the voltage and phase of the City's electric s,:tem most available to the location of the customer. The primary voltage customer shall own, operate and maintain all facilities necessary to receive three phase primary voltage service and all transformation facilities required for conversion to utilization voltage, The City shall own, operate and maintain all metering facilities, either at primary or secondary at on Where demand City t shell apply. secondary voltage, the se ondary~energy option. E I MONTHLY RATES Primary Secondary Service service (1) Facilities Charge 360.00/30 days $25.00/30 days (2) Demand Charges: f 6y temkDemsnd 113.50/kW 113,10/kW f ~ (3) Energy Charges: Non Emergency Energy 1 0/kwh 0.0030/kWh Emergency Energy 1 0.052 Per E.C.A. Schedule (4) Energy Cost Adjustment 1 L 3 ~ 1 6 i s SCHEDULE ES 31-Jul-89 STANDBY. SUPPLEMENTARY_AND MAINTENANCE SERVICE 03:09 PM (Continued) MINIMUM MONTHLY BILLItO J The miminum monthly billing shall be the highest of the following: i (1) The sum of the Customer Facilities Charge, the On-Peak Demand I Charge and the System Demand Charge; or I (2) A charge of $1.00 per KVA of installed transformer capacity. 1 DETERMINATION OF ON-PEAK DEMAND The on-peak demand shall be the maximum kW demand supplied by the City during the fifteen (16) 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 (100x) of the maximum on-peak demand which occurred during the previous billing months of June through September in the, twelve (12) months ending with the current month. 1 ~I I DETERMINATION OF ON-PEAK DEMAND - COGENERATION UNITS NOT OPERATING AND CUSTOMERS PEAK DID NOT CONTRIBUTEiTO CITY'S ANNUAL SYSTEM PEAK If a customer's cogeneration unit(s) is/are off during y 's peek hours, and the customer's peak did not contribute to the City's annual l system peek, and the co-generation unit is one (1) MW or larger, then the nameplate rating of the I ` customer's unit(s) shall be deducted from the peak demand. f The customer shall be charged the appropriate on-peak demand charges for the kw ! supplied by the City for the succeeding twelve (12) months. OETFRMINATION,OF SYSTEM DEMAND The system demand shall be the sum of the maximum kW demand supplied during the fifteen (16) minute period of maximum use as recorded by the City's demand meter plus the kw nameplate rating(s) of the customers gonerator(s). In no event shall the system demand be less then seventy percent (70%) 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. i DETERMINATION OF NON-EMERGENCY ENERU I All energy supplied to customers whose generating units are lest than one (1) MW capacity. I 2 i J I ~ J v SCHEDULE ES 31-Jul-89 STANDBY. SUPPLEMENTARY AND MAINTENANCE SERYIC-E 03:09 PM (Continued) DETERMINATION OF EMERGENCY ENERGY Emergency energy is all energy supplied by the City during peak hours of operation to displace energy normally supplied by customers one (1) MW or larger unit. 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 1s below ninety percent (90%) during on-peak hours, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor. The formula is as follows: Unadjusted billing demand X .9 - - - 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 September 30 each year. DEFINITION OF OFF-PEAK HOURS. i 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 customers's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billfng 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 reading period x Customer Charge 30 3 1 r! 1 SCHEDULE ES 31-Jul-89 D3:09 PM STANDBY, SUPPLEMENTARY AND MAINTENANCE SERVICE (Continued) PRORATION OF UTILITY BILLS (Continued) 1 (b) Billing for demana 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 reading period X kW Billing Demand X Rate 30 CREDIT FOR ENERGY DELIVERED INTO CITY'S SYSTEM DURINO ON-pp.AK HOURS If Customer-produced energy is fed back into the City's system during on-peak f hours, an amount equal to fuel cost calculated in accordance with Schedule E,C,A., as applicable to such energy is credited monthly, provided teat Customer has paid the City for necessary added metering, protective and other equipment as determined by the City. E CREDIT FOR ENERGY DELIVERED INTO CITY'S SYSTEM OURIN OFF-PEAK HOURS I ~ a If Customer-produced energy is fed back into the City's system during off-peak hours, an amount equal to 10,01211 per kWh (for each kWh delivered back into the City's system) will be credited monthly, provided that Customer has paid the City for necessary added metering, protective and other equipment as determined by the I City. i ENERGY COST AOJQSTMENT + i A charge per kWh of energy taken for fuel cost calculated in accordance with Schedule E,C,A., PAYMENT Bills are due when rendered, and became past due if not paid within twenty (20) calendar days from date of issuance. LATE PAYMENT CHARGER Bills are considered past due if not received within twenty (20) calendar days and shall be accessed a late payment charge of one and one-half percent (1,5x) per month on any unpaid balance. I 1 I i i ' !itlU1 . w City of leitoe Ysler utility IeTtlopest of leveeee forlete /eectlptiee laileetis! Ceuerclslr 0oyerseeet -leule tote! lew lioielel Slstei fT 1191 /eyessts 4,151,111 4,5!1,142 1,135 112,]!1 541,!24 14,4!1,4!1 proposed f locresse 1.253 11.413 1,113 1.511 11.00% 1.213 1!!1 ley 1 proposed lstes 661110211 5,151,126 1,214 1116241 652,224 10,111,111 i for the petpole of tlis leusrl the Cauereisl lite Claw llclelee tit tote clele ktered lister hoe lire Ildrests I } M w i a T -w 1MF.i: { I dp■/p EXHIBIT 3l-Jul-89 City of Denton Water Utility Current vs. Proposed Rates Rate Schedule Proposed Current Rates Rates Residential Rate WR 3/4" Meter $6.75 $6.50 1'. Meter 8.00 7.75 1 1/1" Meter 11.50 11.00 Meter 12.5 12.25 First 15,000 gal 1.885 i.BU 15,000 - 30,000 gal Summer 2.75 2.53 All over 30,000 gal Summer 3.30 3.10 150000 - 30,000 gal Winter 1.85 1'85 All over 30,000 gal Winter 1,.85 1.90 Commercial/Industrial Rate WC 3/4" Meter 014.25 !12.75 1" Meter 15.50 14,00 j 1 1/2" Meter 18.00 16.25 2" Meter 20.00 18.00 3" Meter 56.00 53.50 4" Mater 95.00 90.00 6" Meter 120.00 115.00 8" Meter 134.00 130.00 i Commodity Charge/1000 gal i Commodity Charge/1000 gal 2.00 1.85 Sales for Resale Rate WW1/WW2 !166.00 !150.00 Minimum Charge WWI Minimum Charge WW2 $170.00 164.26 W3 Deaand Charge per 10000gal 20.00 16.00 W3A Demand Charge per 19000gal 27.40 21.88 J Commodity Charge 0.86 0.73 Over 3,000000981 NA NA Intra-Govt Finished Water Rate WO l11.23 !11.25 31 Meter 12.50 12.50 1" Meter 15.50 15.60 1 1/2" Meter 11.50 17.30 2" Meter 3" Meter 53.50 53.50 14 4" Motor 86400 85,00 6" Mater 107.00 10740 125.00 125.00 8" Meter Commodity Charge/1000 gal 1.90 1.80 Commodity Charge/1000 gal I ' ! Intra-Govt Raw Water Rate WGU ` Minimum Charge 1115.00 Commodity Charge/1000 gal 1.10 (111.00 1.05 Standby Fire Service Rate WF b'. Line 23.00 8" Line !23 20 f2U.80 32.06 Metered Hydrants Rate WFH h Customer Charge Minimum (22.00 ` Commodity Charge/10001a1 2 00 120.00 r 1.90 1 N ' ` I J I i I I I T-W or low t i I ~itl of Iteles Mestewtet 010!01! krtleptet of temrt Tuiets COirIC! ii 111J (0111 ItIg1111111tINJItt1111t111J11ftpttJ1111 CM M"S" IUTIN PLUU IWII 111V 1110tUJt1 /OPT Hilm _ IP Il21 lererres !,1ll,ti! t,ltt,klt 141,111 111,121 11,112 111,111 42,2!1 -.I,Ni,ili Proposed t lecrout 1.01 11.1" 21.w 40.01 41,111 11,412 t,flt Lill l!!1 !te i Irgootl 4tes 2,1lI,NI 2,!11,1!! 211,111 iN,111 iT,Pll 112,110 21,2!1 i,221,N1 m x N •i a '.a y ' EYHIB vII City of Denton Wastewater Utility Current vs. Proposed Rates mate Schedule Proposed Cur'-~-- Rates Rates RESIDENTIAL SEWER Facility Charge r Commodity Charge/1000 gal $3.00 1 13,00 .30 50 REGULAR COMMERCIAL SEWER 1. Facility Chargrs Commodity Charge/1000 gal 17'28 16.50 1'18 PRETREATMENT SEWER 1.60 Facility Charge Volume Charge/1000 gal 17'25 18.50 Surcharge - SOD 1/ppm > 230 1'80 1460 TSS 1/pPm > 260 0'000149 0.000690 0.0007b1 0.000898 I ;ATINO PLACES Facility Charge Volume Charge/1000 gal 17'28 18.80 2.20 1.60 EQUIPMENT SERVICES Facility Charge Volume Charge/1000 gal 17.25 18.b0 2.20 1.60 WHOLESALE SEWER Facility Charge 1125.00 Commodity Charge41000 gal 1125.00 1.96 ~ 1.56 INTRA-GOVERNMENTAL SEWER Facility Charge Commodity Charge/1000 gal 17'50 18,80 1.60 1.60 RESIDENTIAL SEWER SERVICE TO USERS WITHOUT DENTON WATER SERVICE Fao Char Corporate Lots 12. 12.25 Fao Char 0 Corporate Lots 3'35 Commodity Charge/1000 gal CL 1.50 38 3.90 Commodity Charge/1000 gal OCL 1.00 2..225 6 2.28 T -0 Vr 1-W 3 16 2754L NO. AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES AND ADDING A NEW OL (OTHER LIGHTING), IDR (INDUSTRIAL DEVELOPMENT RATE), AND SEVERABILRITY CLASTORAGE RATE) RATE SCHEDULES; USE; AND PROVIDING FOR AN EFFECTIVE DATE PROVIDING FOR A THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the Schedule of Rates for electrical services as provided for in Chapter 25 of the Code of Ordinances, are amended to read as follows: I ARTICLE 1. ELECTRIC RATE SCHEDULES PAGE R1 Residential Service Rate 3 R2 Residential Service Rate ` LP Largge Primary Commercial & Industrial 5 Lighting and Power Service Rates 7 GP General Service Primary 7 GS General Service Commercial 12 RW Religions Worship G1 Local Government Lighting & Power Service Rate 14 (City, County, Independent School District) 14 TR Residential Time of Use Rate 16 TGP General Service Primary Time of Use Rate 21 TLP Large Primary Time of Use Rate 24 TGS General Service Time of Use Rate LS Street Lighting 27 27 . LO Other Lighting 29 LT Traffic Lighting 30 DD Dusk-to-Damn Lighting (Security Light) 32 T1 Temporary Service Schedule Pi Interruptible Primary Service 34 AF Athletic Field 42 36 DL Decorative Lighting 43 IDR Industrial Development Rate 44 TS Thermal Storagge Rate 5 UPS Uninterruptible Power Supply 45 ECA* Energy Cost Adjustment 4 i i IMF- WIq 7 B , E ,...OL ~ . SCHEDULE R1 RESIDENTIAL SERVICE APPLICATION Applicable to all electric service used for residential purposes in a single family dwelling or an individually metered apartments supplied at one point of delivery and measured through one meter where usage is not in excess of ';00 KWH per 30-day month during the billing months MAY through OCTOBEF. If usage in any such month exceeds 700 KWH, billing will be rendered that month under Rate Schedule R-2 and thereafter for a period extending through the 12 billing months of the next year ending with the October billing. Annually, in November, the customer may again qualify for the R-1 rate provided that consumption has not exceeded 700 KWH per 30-day month during the previous six summer months. Where individual dwt.A ng units are being served through the same meter and the KWH in the billing months of MAY through OCTOBER exceed 700 KWH times the number of dwelling units, the billing for that month and thereafter will be rendered under Rate Schedule R-2, I NET MONTHLY RATE (1) Customer Facility Charge $6.50/30 days } (2) Energy Charge 4,230/KWH (3) Energy Cost Adjustment Schedule ECA i MINIMUM BILLING $6,50/30 days TYPE OF SERVICE The City will supply single-phase service at any standard voltages available from the City's distribution system through one standard transformation. I PAYMENT I I Bills are due when rendered, ahd become past due if not paid within 15 calendar days from date of issuance. PAGE 1 r low a- qr s. z u 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. PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually. Formula: , i Actual days in reading period x customer charge 30 ENERGY COST ADJUSTMENT I A charge per KWH of 'energy taken for fuel cost calculated in accordance with Schedule E.C.A. f i i I PAGE 2 t J SCHEDULE R2 RESIDENTIAL SERVICE APPLICATION Applicable to any customer for all electric service used for residential purposes in an individual private dwelling or an meter. supplied Alsappat one licablepotot any customer and indivduall measured though apartment# heating with electric energy, resistance or heat pump. Not a placable to resale service in any event, nor to temporary, standbyr or supplementary service except in conjunction with applicable rider. WINTER SUMMER ~ NET MONTHLY RATE Billing months of Billing months of E NOV through APRIL MAY through OCT (1) Customer Facility Charge E Single Phase 7.50/30 days 7.50/30 days 15.00/30 days 115.00/30 days Three Phase (2) Energy Charge First 11000 KWH 4.950/KWH All additional KWH 4.45¢/KWH 5.45¢/KWH First 3,000 KWH b.00~/KWH All additional KWH Schedule ECA (3) Energy Cost Adjustment Schedule ECA MINIMUM BILLING s Single Phase $1 7.50/30 days $ 75..050/0/3030 days Three Phase 15.00/30 days TYPE OF SERVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point eme customercmay bee requiredtprior atoaits bei g furnishedhe City and the PAGE 3 low r PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: i Actual days in reading period x customer charge 30 (b) Billing for the energy charge shall be based on 30 days j per month to determine the KWH consumption to be charged to each rate block. Formula: Actual days in reading period x KWH in rate block x Rate 30 per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule EX.A. ~ i I PAGE 4 I i i } d T SCHEDULE LP LARGE PRIMARY APPLICATION LP Rate 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 customer providing all facilities necessary to receive primary voltage service. Not applicable to resale service in any event, nor to temporary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge $60.00 per 30 days j (2) Demand Charge $ 9.00 per KW of demand (3) Energy Charge 1.3WKWH for all KWH (4) Energy Cost Adjustment Schedule ECA i MINIMUM BILLING i j ~n amount equal to the demand charge as calculated below but not less than seventy percent (70%) of the maximum monthly demand charge for any month during the preceding months of May through October plus $60.00 per 30 day Billing. TYPE OF SERVICE I LP rate primary voltage service (transformation equipment owned by customer) is available to any customer who has a minimum demand of 750 KW.* Primary service is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts *Customers on primary service prior to February 3, 1987, are not required to meet the 750 KW requirement. The primary voltage service customer shall own, operate, and maintain all facilities necessary to receive three phase primary voltage service and all transformation facilities required for conversion to utilization voltage. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage, at the City's option. Where the City elects to meter at secondary voltage, two percent shall be added to the demand charge, the energy charge and the energy cost adjustment charge to account for transformer losses. I PAGE 5 4 ( E r I I ~ I I I PAYMENT Bills are due when r~..-dered, and become past due if not paid within 15 calendar days frc7,, 'ate of issuance. DETERMINATION OF DEMAND 1 The demand shall be the KW supplied during the 15-minute period of maximum use during the current month as determined by i City's demand meter, but not less than 70% of the maximum monthly KW similarly determined during the previous billing months of MAY h through OCTOBER in the 12 months ending with the current month. POWER FACTOR The City reserves the right to make tests to determine eligi- bility for the LP rate, and 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, the demand for billing purposes will be determined by multiplying the uncor- rected KW billing demand by 90% and dividing by the determined power factor. ti ` SPECIAL FACILITIES I All services which require special facilities in order to meet 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. 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. Formula: Actual days in reading period x KW dea.and x Rate 30 days ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule E.C.A. I PAGE 6 j I SCHEDULE GP GENERAL SERVICE PRIMARY APPLICATION GP Rate applicable to any customer having a minimum demand of 750 Kw for electric service supplied at one point of delivery and measured through one meter, with the City providing and owning all facilities and transformation equipment necessary to receive primary voltage service. Not applicable to resale service in any event, nor to tempo- rary, standby or supplementary service, except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge $50.00/30 days (2) Demand Charge $8.00/KW (3) Energy Charge 2.03/KWH (4) Energy Cost Adjustment Current ECA i MINIMUM BILLING An amount equal to the demand charge as calculated below but not less than seventy percent (70%) of the maximum monthly demand charge for any month during the preceding months of May through October, inclusive, plus $50.00 per 30 day billing. TYPE OF SERVICE For GP primary voltage service, the City will supply three- phase service at sixty (60) cycles and at any standard voltages available from the City's distribution system. To be eligible for GP service, customers must have a minimum demand of 750 KW.* Where required facilities are not already available at the point of ` service, special contractual arrangements between the City and the j customer will be required prior to its being furnished. *Customers on primary service prior to February 3, 1987, are not required to meet the 750 KW requirement, PAYMENT i Bills are due when rendered, and become past due if not paid within 15 days from date of issuance. PAGE 7 I J 4 S ,y e r j 1 DETERMINATION OF DEMAND The demand shall be the KW supplied during the 15-minute period of maximum use during the current month as determined by City's demand meter, but not less than 70% of the maximum monthly KW similarly determined during the previous billing months of MAY through OCTOBER in the 12 months ending with the current month. POWER FACTOR The City reserves the right to make tests to determine the power factor of the customer's installation served during periods of maximum demand by iodmeasurement the of the power average factor is factor for monthly billing g per percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 908 and dividing by the determined power factor. SPECIAL FACILITIES All services which require special facilities in order to meet the customer's service requirements shall be provided sUJject to special facilities rider. I v r I PRORATION OF UTILITY BILLS (a) Billing for tht: Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge , 1 (b) 31llinq for demand shall be calculated on a 30 day per J month basis and prorated for longer or shorter billing periods. Formula: Actual days in reading period x KR 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. i i PAGE 8 i J I i t i. SCHEDULE GS GENERAL SERVICE COMMERCIAL APPLICATION Applicable to any commercial and industrial users for all electric service supplied at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to temporary, standby or supplementary service except in conjunction ~---1 with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge Single Phase 15.00 per 30 days Three Phase 120.00 per 30 days (2) Demand Charge $ 7,00 per KW (first 20 KW j not billed) (3) Energy Charge i First 2500 KWH $ 6.560/KWH 1 All KWH over 2500 $ 3.50¢/KWH J i (4) Energy Cost Adjustment Current ECA Schedule + MINIMUM BILLING k An amount equal to the demand charge as calculated below but { not less than seventy percent (70%) of the maximum monthly demand charge for any month during the preceding months of may through October plus $15/month for single phase or less than $20/month for three phase, per 30 day billing. TYPE OF SERVICE Secondary service available to commercial and industrial customers. The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution i system through one standard transformation. where service of the type desired by the customer is not already available at the point 1 of service, special contract arrangements between the City and the customer may be required prior to its being furnished. PAGE 9 I i i k •6 4 PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. DETERMINATION OF DEMAND The demand shall be the Kw supplied during the 15-minute period of maximum use during the current month as determined by City's demand meter, but not less than 70% ofbilling maximum then hlyMKW ^ similarly determined during 1 through OCTOBER in the 12 months ending with the current month. 0 The Th " KW demand used for billing shall be adjuseted d fob cacti g for the be The adjusted KW demand will subsequently demand portion of the utility bill. In no case, shall billed demand f be less than 0 KW. In cases where the connected load is constant, the City may, at it's option, estimate the KW demand. For neon signs, one volt ampere shall be considered the equivalent of 3/4 watt. i POWER R The City reserves the right to make tests to dete m ie the f j power factor of the customer's installation served during perods of maximum demand or by measurement of the average power factor for the ow ni i monthly billing period. Iurt power be odetermined byemultiplyirg purposes the demand for billing g demand by 90% and dividing by the the uncorrected KW billing k determined power factor. 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. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. j Formula: Actual days in reading period x customer charge I 30 a PAGE 10 1 J i IF low 4 i (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods. i Formula: Actual days in reading period x adjusted KW demand x Rate i ENERGY COST ADJUSTMENT f A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule E.C.A. i I f I i 1 i !I f i I, I PAGE 11 ~J T'W -ow J7 y h SCHEDULE RW RELIGIOUS WORSHIP APPLICATION Applicable to any facility used primarily for religious worship, education and meeting Vernon's Annotated Texas Statutes (V.A.T.C.) guide,ines for property tax exemption as a religious organization. Not available for resale. NET MONTHLY BILLING f ? (1) Facility Charge Single Phase 15.00/30 days Three Phase 20.0u/30 days j (2) Energy Charge First 700 KWH 7.500/KWH All over 700 KWH 2.92¢/KWH (3) Demand Charge $ 3.75/K'4 (first 5 KW not billed) (4) Energy Cost Adjustment Current ECA Schedule MINIMUM BILLINC An amount equal to the demand charge as calculated below but not less than fifty percent (50%) of the maximum monthly demand charge for any month during the preceding months of May through October plus $15/month for single phase service or $20/month for three phase service, per 30 day billing. i TYPE OF SERVICE The City will supply single-phase service (or three-phase h service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. 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 1 customer may be required prior to its being furnished. PAYMENT i Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 12 s DETERMINATION OF DEMAND The demand shall be the KW supplied during the 15-minute period of maximum use during the current month as determined by City's demand meter, but not less than 50% of the maximum monthly KW similarly determined during the previous billing months of MAY through OCTOBER in the 12 months ending with the current month. The KW demand used for billing shall be adjusted by subtracting 5 KW. The adjusted KW demand will subsequently be used for billing for the demand portion of the utility bill. In no case, shall billed demand be less than 0 KW. r SPECIAL FACILITIES { All services which require special facilities in order to meet II f customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY'BILLS Billing for consumption and demand shall be calculated on a 30-day basis and prorated for longer or shorter billing periods. k (a) Billing for the Facility charge shall be based on 12 l billings annually. E Formula: 4 Actual days in reading period x customer charge 3 i (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods. Formula: Actual days in reading period x KW demand x Rate 30 days ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule E.C.A.. PAGE 13 r E SCHEDULE G1 LOCAL GOVERNMENT APPLICATION Applicable to any local City, County or School Districts for all electric service supplied at one point of delivery and measured through one meter. .a Not applicable to resale service in any event, nor to temporary, standby or supplementary service except in conjunction with applicable rider. h i NET MONTHLY RATE (1) Customer Charge Single Phase 15.00 per 30 days i Three Phase 20.00 per 30 days k (2) Demand Charge $ 6.00 per KW of demand f *41 (3) Energy Charge $ 2.980 per KWH for all KWH (4) Energy Cost Adjustment Current ECA Schedule MINIMUM BILLING An amount equal to the demand charge as calculated below but not less than fifty percent (50%) of the maximum monthly demand charge for an month during the preceding months of May through October plus 15.00/ month for single phase service or less than $20.00/month for three phase service, per 30 day billing period. TYPE OF SERVICE The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Where service of the 1J 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. PAYMENT Bills are due when rendered, and become past due if not paid +I( within 15 calendar days from date of issuance. 1 ~ PAGE 14 J r DETERMINATION OF DEMAND The demand shall to the KW supplied during the 15-minute period of maximum use during the current month as determined by City's demand meter. POWER FACTOR The City reserves the right to make tests 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 I percent, the demand for billing p•Irposes will be determined by ! multiplying the uncorrected KW billing demand by 904 and dividing by the determined power factor. !I SPECIAL FACILITIES I All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities Cider. k PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: i Actual days in readin eriod 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. Formula: Actual days in reading period x KW demand x Rate 30 ENERGY COST ADJUSTMENT A charge per KW8 of energy taken for fuel cost calculated in ` accordance with Schedule E.C.A. I PAGE 15 t SCHEDULE TR RESIDENTIAL TIME OF USE APPLICATION Applicable to any customer for all electric service used for residential purposes in an individual private dwelling or an indi- vidually metered apartment, supplied at one point of delivery and measured through one meter. Customers applying for the TR 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 with applicable rider. i NET MONTHLY RATE (1) Customer Facility Charge Single Phase 15.00/30 days Three Phase 20.00/30 days (2) Energy Charge On-Peak Hours 0.261/KWH Off-Peak Hours 0.017/KWH (3) Energy Cost Adjustment Schedule ECA MINIMUM BILLING The minimum monthly bill shall be the Customer Facility Charge. V I TYPE OF SERVICE ~1 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. 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 P.M. to 8:00 P.M. each Monday through Friday, staring 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 become effective. I PAGE 16 , I i i 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 i All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS I 11 Billing for the Facility Charge shall be based on 12 billings I annually using the following formula: Actual da s in reading_peciod x Customer Charge I } ~ I { ENERGY COST ADJUSTMENT I i A charge per KWH of energy taken for fuel cost calculated in IIII accordance with Schedule E.C.A. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. J I it I ~I i 1 PAGE 17 SCHEDULE TGP GENERAL SERVICE 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 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 rate must remain on this rate for a minimum of twelve (12) continuous billing months. NET MONTHLY RATE (1) Customer Facility Charge $59.00/30 days (2) On-Peak Demand Charge $10.10/KW of On-Peak Demand (3) System Demand Charge $ 3.90/KW of System Demand (4) Energy Charge $ 0.0020/KWH I (5) Energy Cost Adjustment: Per Schedule ECA MINIMUM BILLING The minimum monthly bill shall be the sum of the Customer j Facility Charge, the On-Peak Demand Charge, and the System Demand charger but not less than $2,984.00. TYPE OF SERVICE j r - j Three-phase at sixty (60) cycles at available primary distribution voltage. DETERMINATION OF ON-PEAK DEMAND 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 leas than one hundred percent (1000) of the maximum on-peak demand similarly' determined during the previous billing months of June through September in the twelve (12) months ill ending with the current month. PAGE 18 r low 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 (108) 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'3 installation served during periods of maximum demand or by measurement of the average power factor for the nonthly billing period. If the power factor is below ninety percent (908) on-peak and average demand for the demand for billing purposes will be determined by multiplying the unadjusted billing demand by ninety percent (9D8) and dividing by the determined power factor. DEFINITION OF ON-PEAK HOURS The City's on-peak hours, for the purpose of this rate I schedule, are designated as being from 1:00 P.M. to 8:00 P.M. each Monday through Friday, staring on June i and continuing through September 30 each year. The City's on-peak hours may be changed from time t) time and the customer will be notified twelve (12) months prior to such changes become 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. SUPPLEMENTAL POWER RIDER 1 Customers requesting standby or supplementary power shall be allowed service under thib rate schedule; however, the determination of system demand shall be adjusted to read: 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 (708) 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. PAGE 19 1 I s SPECIAL FACILITIES All services which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. 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 pro rated for longer or shorter billing periods using the following formula: 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 4 accordance with Schedule E.C.A. I i PAYMENT { Bills are due when rendered, and become past due if not paid ' within 15 calendar days from date of issuance. I r P i PAGE 20 LJ ( M I i SCHEDULE TLP LARGE PRIMARY TIME OF USE ii APPLICATION I ` 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 City providing all facilities f necessary to receive primary voltage service. Supplementary service ot pliable to real or subject te applicable Customers relectingNthisaPratec must r mainsonethis temporary service. + rate for a minimum of twelve (121 continuous billing months. NET MOMILY RATE ! 68.00/30 days (1) Customer Facility Charge $ 10.10/KW of on-Peak Demand I (2) On-Peak Demand. Charge $ $ 3.50/KW of System Demand I (3) System Demand Charge i f (4) Energy Charge $ 0.002/KWH (5) Energy Cost Adjustment; Per Schedule ECA i 1 MINIMUM BILLING The minimum monthly bill shall be the sum of the customer Facility Charge, the On-Peak Demand Charge, and the System Demand charger but not less than $20693.00. I 1 TYPE OF SERVICE Three-phase at sixty (60) cycles at available primary i distribution voltage. i DETERMINATION OF ON-PEAK DEMAND peak demand shall be the maximum KW demand supplied The on- he l~ during the fifteen (15) minute period City so demand mmeter use and u (100%) of on-peak hours as recorded by the for power factor, but not less than one hundred percent 008) of the maximum on-Pea Junem throughi Sept inbereCin nthe dtwelve t(12)rmonths billing months o ending with the current month. PAGE 21 s I I 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 (109) 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 I~ 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 (909), 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. DEFINITION OF ON-PEAK HOURS ~ I The City's on-peak hours, for the purpose of this rate schedule, are designated as being from 1:00 P.M. to 8:00 P.M. each Monday through Friday, staring on June 1 and continuing through ~]J 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 become effective. DEFINITION OF OFF-PEAK HOURS t The City's off-peak hours, for the purpose of this rate schedule, shall be all ho:+rs not designated as on-peak hours. SUPPLEMENTAL POWER RIDER Customers requesting supplementary power shall be allowed service under this rate schedule; however, the determination of system demand shall be adjusted to read: 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 (109) 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. PAGE 22 i s SPECIAL FACILITIES All services which require special facilities in order co meet the custamer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility Charge shall be based on 12 i 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 pro rated for longer or shorter billing periods using the following formula: I Actual days in Leading 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 i Bills are due when rendered, and become past due if riot paid within AS calendar days from date of issuance. 1 PAGE 23 T-W h I i F 9 C M :e SCHEDGLE TGS J TIMEOF USE 1 GENERAL SERVICE _ APPLICATION fI Applicable to any commercial or industrial customer for all 1 electric service supplied at one poiv)t of delivery and measured through one meter. Supplementary service rider. Not applicable to resale ortemporarycservice, applicable electing this rate must remain on this rate for a minimum of twelve , f (12) continuous billing months, NET MONTHLY ;ATE (1) Customer Facility Charge $25.00/30 days (2) On-Peak Demand Charge $10.20/KW of On-Peak Demand $4,20/KW of System Demand 13) System Demand Charge I (4) Energy Charge $ 0.0030/KWH (5) Energy Cost Adjustment Per Schedule ECA 1 MINIMUM BILLING i The minimum monthly n-Peak lDem nd11Charge the sum mthe of the System uDemand Facility Charge, the Charges but not less than $445.00. TYPE OF SERVICE Single-phase or three-phase at sixty (60) cycles at available secondary distribution voltage. DETERMINATION OF ON-PEAK DEMAND 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 less than one hundred percent (100%) 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. i I i PAGE 24 1 T-W I I I DETERMINATION OF SYSTEM DEMAdD 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 : venty 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. f POWER FACTOR PENALTY I w ~ 11 The City reserves the right to determine the power factor of the customer's installation served during periods of maximum demand or by m?asurement 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 E 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 P.M. to 8:00 P.M. each Monday through Friday, staring 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 become effective. I 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. SUPPLEMENTAL POWER RIDER Customers requesting standby or supplementary power shall be allowed service under this rate schedulel however, the determination l of system demand shall be adjusted to read: I The system demand shall be the sum of the maximum KW demand supplied during the fifteen (15) minute period of j maximum use as recorded by the City's demand meter plus the KW nameplate rating(s) of the customer's generator(s). In the j 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 (708) 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. PAGE 25 SPECIAL FACILITIES All services which require special facilities ill order to meet customer's service requirements shall be provided subje:t to the snecial facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility billings annually using the following aformula based on i2 Actual days in reading Period x Customer Charge -30 r (b) 3illing for demand shall be calculated on a 30-day-per- 9 formlonger or shorter billing month basis and pro rated for the following periods using Actual da s in readin eriod x KW Demand x Rate ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in 1 accordance with Schedule E.C.A. PAYMENT Bills are due when rendered, and become past due if not paid ` t within 15 calendar days from date of issuance. i I PAGE 26 i s r ~ b ' SCHEDULE LS STREET LIGHTING I APPLICATION Applicable to all street lighting owned and maintained by the City of Denton. NET MONTHLY RATE (1) Facility Charge (2) Energy Cost Ad ustmant Current ECA x Monthly Bulb Wattage Factor Bulb Wattage Factor , LS h i GSA 100W Sodium Vapor 4.15 48 KAF% i LSB 250W Sodium Vapor 6.75 105 KWH LSC 400W Sodium Vapor 8.50 159 KWH LM E LMA 175W Mercury Vapor 5.50 70 KWH LMB 250W Mercury Vapor 6.50 98 KWH k LMC 400W Mercury Vapor 8.25 153 KWH l{ , LMD 1000W Mercury Vapor 115.00 380 KWH ` TYPE OF SERVICE Ir I The City will supply single-phase service (or three-phase II ! service if available at the point of delivery) at sixty (60) cycles 1 and at any standard voltages available from the City's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point i of service, special contract arrangements between the City and the customer may be required prior to its being furnished. PAYMENT Bills are due when rendered, and become past due if not paid within 15 caltadar days from date of issuance. PRORA`;ION OF UTILITY BILLS a) Billing for the Facility Charge shall be based on 12 billings annually based on the following formula: Actual days in reading period x customer charge j ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule E.C.A. PAGE 27 LJ S 1 I I w V SCHEDULE LO OTHER LIGHTING LOA APPLICATION Applicable to State and Local Government agencies that install and maintain their own street lights, other than the City of Denton, IL BULB WATTAGE r NET MONTHLY RATE FACTOR I LS1 259W Sodium Vapor 5.140/KWH 105 KWH LS2 40OW Sodium Vapor 5.140/KWH 159 KWH i LM1 40OW Mercury Vapor 5.140/KWH 153 KWH LM2 1000W Mercury Vapor 5.144/KWH 380 KWH LOB APPLICATION Applicable to other unmetered lighting services. NET MONTHLY PATE Total Watts x Hours used per Month x 5.140/KWH N 1,000 TYPE OF SERVICE At the City's available secondary voltage and phase. I PAYMENT Bills are due when rendered and become ~ past due if not paid within 15 calendar days from date of issuance, MAINTENANCE CHARGE Maintenance expenses billed at coat. SPECIAL FACILITIES I All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. ENERGY COST A')JUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule E.C.A. PAG 28 F low 4 e a i SCHEDULE LT TRAFFIC LIGHTING APPLICATION Applicable to State and Local Government agencies that operate and maintain their own traffic signals. NET MONTHLY RATE All KWH 5.140 per KWH TYPE OF SERVICE • At the City's available secondary voltage and phase. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. MAINTENANCE CHARGE j E Maintenance expenses billed at cost, 4 SPECIAL FACILITIES All services which require special facilities in order to meet customer's service vequirements shall be provided subject to the special facilities rider. ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule E.C.A. PAGE 29 1 a~ m i i SCHEDULE DD DUSK TO DAWN LIGHTING APPLICATION Applicable to any customer within the area served by the City's electric distribution system for outdoor area lighting when such lighting facilities are operated as an extension of the City's distribution system. ' NE1 MONTHLY RATE (1) Facility Charge_ (2) Energy-Cost Adiustment Current ECA x monthly bulb dattage factor Bulb Wattage Factor DSA 10OW Sodium Vapor $ 7.50 48 KWH DSB 25OW Sodium Vapor 9.75 105 KWH DSC 40OW Sodium Vapor 12.00 159 KWH ` DMA 175W Mercury Vapor 6.25 70 KWH V DMB 25OW Mercury Vapor 7.25 98 KWH DMC 40OW Mercury Vapor 8.00 153 KWH y TYPE OF SERVICE ' The City shall furnish, install, maintain and deliver electric service to automatically controlled, mercury or sodium vapor lighting fixtures conforming to the City's standards and eubject + to its pub?+_shed rules and regulations. Where necessary for proper illumination or where existing pulem are inadequate, the City will install or cause to be instal- led, one (1) pole for each installed light, at a distance not te, exceed eighty (801) feet frmm said existing lines, at no charge to I the customer. Each addit.onal pole span shall not exceed a span spacing of one hundred (1001) feet. Additional poles required to M install a light in a customer's specifically desired location, and not having a light installed on same, shall bear the cost. i PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. k I~ f i I PAGE 30 1 J { k ~ I TERM OF CONTRACT custom A two (2) er contract Dawn hLightingg Se v ice aauthorizing yfieach xed monthly charges, which nay be reviewed annually, and to be applied to the monthly municipal utilities bill, customer desired the removal of the unit or dIn the event th a iscontinuance ofatthe service prior to completion of two (k) dears, the remainder of the contract period shall become due and payable. After the end of the initial two 2 year contract, service shall continue on a { month-to-month basis and may be cancelled by either party upon thirty (30) days notice. r SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider.. PROIATION o UTILITY BILLS Billing for the Facility charge shall be bated on 12 billings annually, Formula: ( Act_ uaidays in reading oar I (f 30 iod x customer charge I ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule E,C,A, f I f I PAGE 31 1 J I I 7 I! ~ ~ r 1 ' SCriEDULE T1 J TEMPORARY SERVICE 1I APPLICATION Applicable when a customer requests electric service on a short term or temporar; basis where a customer has received a permit from :he City of Denton's Building Inspections Department. This rate i.s not applicable after the certificate of occupancy has been f 1 issued. NET MONTHLY RATE (1) Facility Charge Single Phase 15.;0/30 days Three Phase 20.00/30 days I (2) Energy Charge $ 6.35¢/KWH (3) Energy Cost Adjustment Current ECA Schedule MINIMUM BILLING i Facility :harge TYPE OF SERVICE At the City's available secondary supply. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days frog date of issuance. ADDITIONAL TEMPORARY SERVICE CHARGES Labor (Regular Time) $40.40 minimum up to 1 hour. $40.40 for each additional hour (to be measured to the nearest one-quarter hour). i Labor (Overtime) $60.20 minimum up to 1 hour. $60.20 for each additional hour (to be measured to the nearest one-quarter hour). Premium time to be added where applicable. PAGE 32 w~ T TT 4 I b a i Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the equipment. Material Material that cannot be salvaged to be billed at Stores cost plus 258 and applicable saleo tax. At the time a temporary service is i removed or converted, any loss in the material installed due to negligence or willful action by the customer will , be billed separately to customer at { EM ores cost plus 259 and sales tax. SPECIAL FACILITIES I All services which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. See Section 25-23(e) for standard requirements. PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually. I Formula: j Actial days in reading period x customer charge 30 J ENERGY COST ADJUSTMENT li A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule E.C.A. I 4 PAGE 33 C i x a SCHEDULE P1 INTERRUPTIBLE PRIMARY SERVICE APPLICATION Applicable to all customers taking primary service at a firm power load exceeding 5,000 KVA during the months of Jung, July, August and September and is, by contract, provided service subject to load interruptions, NET MONTHLY CHARGE (Estimated transmission firm) (1) Facility Charge 1,60.00/30 days (2) Energy Charge 2.36¢/KWH (3) Demand Charge $7.00/KW (4) Energy Cost Adjustment Current ECA Schedule PAYMENT I Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. MINIMUM BILLING An amount equal to the demand charge as calculated below but not less t',an seventy percent (70%) of the maximum monthly KW similarly determined during the previous billing months of MAY through OCTOBER in the 12 months ending with the current month, nor LESS than 750 KW, TYPE OF SERVICE Interruptible primary voltage service (transformation equipment owned by customer) is available to any customer with a 12-month minimum monthly demand of 5,000 KW or greater. Interruptible primary service rendered at one point on the customer's premises at a nominal voltage of 13,200 volts or 69,000 volts three-phase at the option of the utility. The facilities voltage service customer aln, operate, and all primary maintain a y to receive thee phase primary voltage service and all transformation facilities required for conversion to utilization voltage. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage, at the Utility's )ption. Where the City elects to meter at secondary voltage, two percent shall bt added to the demand charge, the energy charge and the energy cost adjustment charge to account for transformer losses, 1 PAGE 34 OF low Y i r DETERMINATION OF DEMAND The demand shall be the KW supplied during the 15-minute period of maximum use during the current month as determined by City's demand meter, but not less than 708 of the maximum monthly Kw through]OCTOBERrinr thed12iMonthsee di months Of MAY LESS than 5,000 KW. thec nor POWER FACTOR RE UIREMENi'S AND ADJUSTMENTS The city reserves the right to make tests to determine the power factor of the user's installation served hereunder during pee riods of maximum demand for the monthly billing power factor so determined be below ninety (9 periods. Should demand for billing purposes will be determined b08) percent, the uncorrected KW billing demand by ninety (908) y multiplying the by the determined power factor. Percent and dividing SPECIAL FACILITIES All ser,iice which requires special facilities in order to meet the customer's service requirements shall be special facilities rider. provided subject to PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. I Formula: Actual da s in readin eriod x customer charge 0 (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods. Formula: Actua]a in readin eriodin readin eriod x KW Demand x Rate ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule E.C,A, E PAGE 35 i . r ` Y SCHEDULE AF ATH`.ETE FIELD 1 APPLICATION Applicable to all electric service metered at one point for use to t electricalig use willinotdoccars for ur between atheehocrseofn 10:00 eA.M. such 7:00 P.M. NET MONTHLY RATE (1) Customer Facilities Charge I Single Phase 20.00 per 30 days Three Phase 30.00 per 30 days (2) Energy Charge k Billing months of June through September: 4 All Other Hours (Off Peak) 3.75¢ per KWH 7.500 per KWH 1:00 PM ti- -":'O PM (Peak) i (Weekdays e',.uding City Holidays) Billing months of October through May: All hours 3.750'/KWH (3) Demand Charge Billing months of June through September: All Other Hours (Off Peak) $1.00 per KW per 30 days 1:00 PM to 8:00 PM (Peak) 4.50 per KW per 30 days Billin months of October throw h Ma : All hours $1.00 per KW per 30 days (4) Energy Cost Adjustment Current ECA Schedule MINIMUM BILLING Facility Charge PAGE 36 i ' v 7 e r Y y 4 44, F; j TYPE OF SERVICE At the City's available secondary voltage and available phase. For use only between the hours of 7:00 P.M. and 10:00 A.M. from June through September and all hours from October through May. POWER FACTOR The City reserves the right to make tests 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 j percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by I the determined power factor. i SPECIAL FACILITIES i All servit-es which require special facilities in order to meet 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. Formula: I Actual days in reading period x customer charge 0 i (b) Billing for demand shall be calculated on a 30 day per i month basis and prorated for longer or shorter billing periods. Formula: 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 i I J~ 1 I PAGE 37 4 y 1~ i Q f Y ji SCHEDULE FS STANDBY, SUPPLEMENTARY AND MAINTENANCE SEPVIC£ APPLICATION Applicable in all areas served by the City to customers who has facility uses wand generation used operate nonemegency electric own ainly and/or total (l) m nameplate or effer:tive capacity (whichever is lesser) of City's for the purpose parallel with fifty system (Sfor KWthe more rustumer's own consumption, and (2) employ equipment which is compatible with the City's E electric system at the customer's delivery point and which will cause no damage to the City's electric system or equipment or present undue hazards to City personnel, and (3) own and/or operate an electrical generating facility which 4 has been certified annually by a registered professional engineer practicing in the utility or Independent Power Production Industry to be a functioning and reliable f generating facility. (4) operate an electrical power generating system at least 6,500 hours annually. j (5) execute an agreement for interconnection and parallel I operation with the City. i4 INTERCONNECTION COSTS i The customer shall reimburse the City for any equipment or facilities required as a result of the installation by the customer of generation in parallel with the City's electric system. - The customer shall pay all costs of the City to extend its facilities permit epatime of rallel operationeofi the customer's order them timeo in modify facility. TYPE 0? SERVICE The Cif,y shall supply alternatipg current, sixty (60) cycles a- the voltage and phase of the City's electric system most available to the location of the customer. The primary voltage customer shall own, operate and maintain all facilities necessary to receive three phase primary voltage service and all transformation facilities operate reuired for maintain utilzation either City at primary wor secondary voltage, at the City's option. Where the City elects to meter at secondary voltage, the secondary energy and on-peak demand charges shall apply. PAGE 38 f NET MONTHLY RATE Secondary Primary Service Service 60.00/30 days $25.00/30 days ~ tl) Facility Charge I (2) Demand Charges- $10.10/KW $10.20/KW On-Peak Demand $ 3.50/KW $ 3.70/KW System Demand (3) Energy Charges 0.0020/KWH 0.0030/KWH Non-Emergency Energy ,,,0520/KWH 0.0530/KWH Emergency Energy Per Sch ECA Per Sch ECA (5) Energy Cost Adjustment l MINIMUM BILLING Il The minimum monthly billing shall be the highest of the Following: Charge, the On-Peak Demand (1) The sum of he Customer Faci'ih Charge, and the System Demand Charger of (2} A charge of $1.00 per KVA of installed transformer capacity. { DETERt3TNATION OF ON-PEAK DEMAND lied by the I deman sup The on-Peak demand shall be the maximum KW use during the eriod of maximum City during the fifteen (15) minute demand meter and adjusted the than one hundred percent (1001) on-peak hours as recorded by ev.oua billing power factor, but not less the pr with J red d maximum on-Peak demand Sepwhich tembercinrthe twelve g(12) months ending months of JunA through i the current month. I DETERMINATION OF ON-PEAK DEMAND - COGENERATION UNITS NOT OPERATING D C MFRS P K DID N T C NTR BUTS TO C TY S ANN AL SYSTEM PEA ation unit(s) is/are off dur~inganpeak If a customer's cogeeneerdid not contribute to the he City's r then hours, and the customer's p 1 system peak, and the cogeneration unit is one (1 of larg ) shall nameplate rating of the customer's unit(sbe deducted from on-peak demand the peak demand, lied bycharged the appropriate The customer shall be the City for the succeeding twelve (12) charges for the KW supp months. l PAGE 39 I y t DETERMINATION OF SYSTEM DEMAND The system demand shall be the sum of the maximum KW demand supplied during the fifteen (1E) minute period of maximum use as recorded by the City's demand meter plus the KW nameplate rating(s) of the customers generator(s). In no e•.ent shall the system de~and be less than seventy percent (70%) 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. DETERMINATION OF NON-EMERGENCY ENERGY All energy supplied to customers whose generating units are less than one (1) MW capacity. ++j DETERMINATION OF EMERGENCY ENERGY I Emergency energy is all energy supplied by the City during peak hours of operation to displace energy normally supplied by customer's one (1) MW or larger unit, j ?OWER 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) during on-peak hours, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by f j the determined power factor. The formula is as follows: II Unadjusted billing demand x .9 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 P.M. to 800 P.M. each Monday through Friday, starting on June 1 and continuing through September 30 each ` year. If 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 ; omer's service requirements shall be provider' subject to the special facilities rider. PAGE 40 I i PRORATION OF UTILITY BILLS (a) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter bi using the following formula: billing periods Actual days 31n readies period x Customer Charger (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: f Actual da s in readin eriod x KW Billing Demand x Rate E CREDIT FOR ENERGY DELIVERED INTO CITY'S SYSTEM DURING ON-PEAK HOURS + If Customer-produced, energy is fed back into the City's system during on-peak hours, an amount equal to fuel cost calculated in accordance with Schedule E.C.A., as applicable to such energy is credited monthly, provided that Customer has paid the city for necessary added metering, protective and other equipment as determined by the City. CREDIT FOR ENERGY DELIVERED INTO CITY'S SYSTEM DURING OFF-PEAK HOURS If Customer-produced energy is fed back into the City's system 1 during off-peak hours, an amount equal to $0.01241 per KWH (for each KWH delivered back into the City's system) will be credited monthly, provided that Customer has paid the City for necessary added metering, protective and other equipment as determined by the City. J ENERGY COST ADJUSTMENT i A charge per KWH of energy taken for fuel cost calculated in If accordance with Schedule E.C.A. PAYMENT withinBtwenty ar(e20due when r days r from dand ate become oissuance,due if not paid l LATE PAYMENT CHARGES Bills are considered past due if not received within twenty (20) calendar days and shall be accessed a late payment charge of one and one-half percent (1.58) per month on any unpaid balance. J 1 I PAGE 41 F low R Y V~ 1 Y SCHEDULE DL DECORATIVE LIGHTING APPLICATION Applicable to any customer on the perimeter of the square served by the City's electric distribution system for outdoor area lighting when :3uch lighting facilities are operated as an extension of the City's distribution system. NET MONTHLY RATE (1) Facility Charge $3.70 (2) Energy Cost Adjustment Current ECA x Monthly Bulb Wattage Factor based on ! 415 KWH per Customer TYPE OF SERVICE ~ The City shall furnish, install, maintain and deliver electric service to automatically controlled lighting fixtures conforming to the City's standards and subject to its published rules and regulations. The service is provided between dusk and midnight. PAYMENT. I Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. t SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's servile requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS Billing for the Facility Charge shall be based on 12 billings annually. i Formula: Actual days in reading period x Facility Charge ! 30 ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule E.C.A. PAGE 42 11 J r, F E SCHEDULE IDR INDUSTRIAL/ECONOMIC DEVELOPMENT RIDER AVAILABILITY 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 meter. This is for firm ' electric Gervi^e applicable to new customers and existing customers as described below. f (1) New customers whose electric service represents lemand I 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 ^,GS 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 I! the term of this agreement, the customer may not reduce other firm service peak demand, f NET MONTHL:' RATE i 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 table: Reduction to Billing Time Period Demand or System Demand First Year 50i Second Year 40% ~ Third Year 30% t Fourth Year 20% Fifth Year 10% CONTRACIr PERIOD The term of the contract will be a five-year period, I I PACE 43 o~ r SCHEDULE TS THERMAL STORAGE INCENTIVE APPLICATION Applicable to any custouer who agrees to be on Time-of-Use rate for five (5) years and who has a thermal storage facility of a minimum storage capacity of 840,000 BTU. The General Service Time of Use Rate (TGS) shall apply, except that the system demand charge shall be increased by 2.501KW of system demand. THERMAL STORAGE INCENTIVE PAYMENTS t Payment $150/Kw/Storage Thermal storage incentive payments shall be made to qualifying customers based on the following method: A design shall be submitted to the Director of Electric Utilities for approval. The thermal storage equipment shall be checked for input electric demand (KW) and output capacity (BrU). The q stem shall be limited for incentive payment to a maximum of 12,000 BTU pe '^n square feet for the conditioned area of the facility to be served. Upon completion, the input-output of the thermal storsga units will be measured by the City of Denton. The customer may observe and verify all information and calculations for the actual size of the facility. Auxiliary equipment used to circulate fluid or air which handlers cul calculating the operate KW under load for normal incentive payments. not be included in cal I I PAGE 44 T-6 1-W r ~ r A 1 j SCHEDULE UPS UNINTERRUPTIBLR. POWER SJPPLY I APPLICATION Applicable to any customer who, by written agreement, receives service for ininterruptible power supply for a computer or other electrical equipment. k Not applicable for resale service in aay event, not to 1 temporary or standby service except in conjunction with applicable rider. ' NET MONTHLY PATE (1) Customer Facility Charge: 250 W Power Standby Unit 7.55/30 days 11200 W Power Standby Unit 30.95/30 days I (2) Installation Charge $25.00 I 1 For any W Power Standby Unit other than above, the monthly ` customer charge will be based on the following formula: (1) Monthly Charge: 5% of Annual Maintenance Cost PLUS 12 months 6% Annual Return of Investment PLUS 1 months 81 IntereaL on a 5 Year Life TYPE OF SERVICE The City shall furnish, install, maintain an automatic311y published conforming tv ions.e to its power f Cntrolsled nand nsubject current PAYMENT Bills are due when rendered, and become past clue if not paid within 15 calandar days from date of issuance. SPECIAL FACILITIES i I All services which require shall special bfacilities din subjact order to the E customer's rider. special facilities meet a PAGE 45 r low PRORATION OF UTILITY BILLS (a) Billings for the Facility charge shall be based on 12 billings annually. Formula: 1 Actual days in reading period x customer charge 30 days r~ I I i V I i i i l 1 j I i PAGE 46 I I SCHEDULE ECA ENERGY COST ADJUSTMENT ENERGY COST ADJUSTMENT All month]! KWH charges shall be increased or decreased by an amount equal to 'X' cents per KWH, to be known as the energy cost adjustment (:,CA). The ECA shall be computed in the months of April and October to be applied to the following periods of May through October and November through April respectively. The City shall in j no case change the energy cost adjustment more than twice in either of the six (6) months periods. The ECA shall be calculated by the following formula: ECA (Winter) ■ Pro ected ener cost for winter months Pro ected KWH sales for winter months ECA (Summer) Projected energy cost for summer months Projected KWH sales for summer month The above formula results in Winter 1986/87 and Summer 1987 ECA's as follows: ECA (Winter) 1,900/KWH ECA (Summer) ■ 1.900/KWH In the event that actual cumulative costs of fuel, variable costs of Texas Municipal Power Agency (TMPA) energy and purchased energy (excluding TMPA's fixed charges) is greater than or less than the cumulative ECA revenues by $1,000,000 during the fiscal year, the City may recompute the Energy Cost Adjustment and re-establish an ECA that collects or returns such difference over the remaining months of the fiscal year. Such change in ECA shall be applied evenly to all remaining months' ECA, I t PAGE 47 P i II. SECTION That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That the Schedule of Rates herein adopted shall be effective, charged and applied to the first regular billing cycle on or after October 1, 1989. + PASSED AND APPROVED this day of , 1989. RAY STEPHENS MAYOR CITY OF DENTON, TEXAS f II l ATTESTS CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY: ~M rM//1 f 1 PAGE 48 1 ~r h h 14 I 4~ r I 1 i i i 1 ~c3.G• September 19, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Managers SUBJ: CONSIDER APPROVAL OF PROPOSED ELECTRIC, WATER AND WASTEWATER RATES. n RECOMMENDATION: i The Public Utilities Board and Staff recommends approval of the subject rate ordinance. i SUMMkRY: The 1990 Electric, Water and Wastewater Rate Studies were presented to the Council on August 29, 1989. Subsequently, on September 12, 1989, the Council again reviewed the Electric Dusk-to-Dawn rate and recommended that this rate be kept unchanged. The proposed changes would result in a 1.6%, or $887,491 reduction in electric rates, an 8.27%, or $834,680 increase in water rates, and an 8.6t1 or $480,468 increase in the wastewater rates. Ordinances of the proposed electric, water and wastewater rates are attached. The Standby and Supplemental Power rate has been removed from the group of ratty previously reviewed with the Council in order to give the Legal Dr;pornt additional opportunity to research all aspects of this rate. This rate will be presented to the Council at a later date for consideration. A copy of the backup information provided in the agenda item of August 29th is attached. i PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities, Public Utilities Board, Customer Service Department, Data Processing, Legal Department, City Council, and the Citizens of the Community. i i ~ i City Council Meeting Page 2 FISCAL IMPACT: The proposed changes in rates are 1.6% reduction in electric, 8.27% Increase in water, and an 8.5% increase in wastewater, which results in an increase of .8% in revenues. % Amount From To Decrease in Elect 1.60% $887,491 ;55,436,780 $540549,289 Increase in Wtr 8.27% (8341680) 10,097,498 1099320178 Increase in Wstwtr 8.50% (480,468) 5,746,688 6,235,156 Overall Change .60% $435,657 =71,2800966 5711716,623 Aesp 11y Sybmi , LloyfeHarrell, y Manager i Prepared/Approved by, Nelson, Executive rec or Department of Utilities Exhibit I Electric Rate Ordinance 11 Water Rate Ordinance III Wastewater Rate Ordinance IV City Council Agenda Item of August 29, 1989 i j 6509u:1.2 '1 L t 'r i 2755L s i NO. AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WATER SERVICE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Rate Schedules for water service as prov a or n Chapter 25 of tha Code of Ordinances, are amended to read as follows: WATER RATE SCHEDULES PAGE 1 WR Residential Water Service WRN Residential Water Service Not Connected to Sewer WRW Religious Worahip Water Rate 5 WC Commercial/Industrial Water Service Rate WCS CommercialIndustrial WastewatereVolumeace Meter Used 9 WCN Commercial/Industrial Water Service Not 10 Connected to Sewer 12 WGI Government Sprinkler Irrigation Rate WWI Water Sale for Resale to Municipal Corporations, Water Districts & Other Governmental Entities 14 By Agreements Prior to June 1 1986 f WW2 Water aResale S Other Governmental Corporations, Water Districts By Agreements After June 1, 1986 17 WG Intra-Governmental Sales of Finished Water WGN Intra-Governmental Water Services Not Connected 19 to Sewer 21 WGU Intra-Governmental Sales of Untreated Water WF Standby Fire Service Water Line 22 22 WFH Metered Water, from Fire Hydrant 24 WCE Extra-Jurisdictional Commercia116Wlndustrialce Water Service 26 Special Facilities Rider 28 I I SCHEDULE WR RESIDENTIAL WATER SERVICE APPLICATION Applicable for single family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than 4 units. Not applicable to resale, temporary, standby, or supplementary service except in conjunction with appiicablc- rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 344" Meter 6.75 1' Meter 8.00 1-1/2" Meter 11.50 2" Meter 112.75 (2) Volume Charge Rate Per 1,000 Gallons WINTER SUMMER Billing months of Billing months of f NOV through APRIL MAY through OCT 0.15,000 gals 1.85 1.85 15,000-30,000 gala 1.85 2.75 Over 30,000 gals $$1.85 13.30 MINIMUM BILLING Facility Charge PAYMENT Hills are due when rendered, and become past due if not paid within 15 calends days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 1 i PRORATION OF UTILITY BILL; (a) Billing for the Facility charge shall be based on 1.2 billings annually. Formula: Actual data inreading period x customer charge a { Ys , (b) Billing for the water used shall be based on 30 days per month to determine the million gallon consumption to be charged to each rate block. Formula: I Actual days in reading period x GAL in rate block x RATE TU--daays per 1,000 gallons in rate block y 1 i 1 I I 1 I PAGE 2 1 I w.. SCHEDULE WRN RESIDENTIAL WATER SERVICE NOT CONNECTED TO SEWER APPLICATION Applicable for single family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than 4 units, where the metered water is not eu,ned oaprthe inwastewater system for collection and treatment; i.e. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Bt111n8 Per 30 Days 3(4" Meter 6.75 1' Meter 8.00 1-1/2" Meter 11.50 2" Meter 112.75 (2) Volume Charge Rate Per 11000 Gallons i WINTER SUMMER Billing months of Billing months of NOV through APRIL MAY through OCT 0-151000 gals 1.85 1.85 1.85 2.75 151000-30 000 gals 3.30 over 30,000 gale 11.85 MINIMUM BILLING Facility Charge PAYMENT Bills are due when rendered, and tecomo past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 3 1 1 r e a PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula, Actual dayy_sin reading period -x customer charge - 3[f days (b) month Billing to determiner the million shall gallon sconsumption ay to per charged to each rate block. Formula Actual da a in readin eriod x per 1,000 gallons in rate ays block g E E s 1 PAGE 4 ( 1 S! A SCHEDULE WRW RELIGFOUS WORSHIP WATER BATE APPLICATION Applicable to all facilities used primarily for religious worship, served by a single water service line through one meter. Not applicable for resale service in any event, nor to tem orar , standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE Facility Charge Billing Per 30 Da}~s (1) Fa b.1.5 3~W' Meter 8.00 1' Meter 11.50 1-1/2" Meter 112.75 2'` Meter ` Rate Per 1000 Gallons ' I (2) Volume Charge SUMMER WINTER j Billing months of Billing months of MAY through OCT NOV through APRIL 1.85 185 0-15,000 gals 1,85 12.75 15,00J-30,000 gals 11.85 3.30 Over 30,000 gale MINIMUM BILLING Facility Charge I PA`T past due if not Bills are due when rendered, and become paid k' within 15 calendar days from date of issuance ' SPECIAL FACILITIES All services which require special fa provided in suborder ject t to meet tomer's service requirements shall be cus p special facilities rider. i PAGE 5 j 1 i j C ~ w A R PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge days (b) Billing for the water used shall be based on 30 days per month to determine the million gallon consumption to be charged to each rate block. Formula Actual days in readin eriod x GAL in rate block x RATE 30 days per 1,000 gallons in rate block i i PAGE 6 < r e. . rt I~ J 1 SCHEDULE WC COMMERCIAL/ INDUSTRIAL WATER SERVICE RATE APPLICATION Applicable to all commercial and industrial users, or other water users not otherwise classified under this ordinance. For all water provided at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 31,4" Meter 14.25 I 1 ' Meter 15.50 1-1/2" Meter 18.00 2" Meter 20.00 3" Meter 56.00 4" Meter 95.00 6" Meter 120.00 8" Meter 137.00 } (2) Volume Charge $2.00 per 1000 gallons MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. I PAGE 7 S r PRORATION OF UTILITY BILLS 12 billing lity charge shall be based on for the Faci (a) Billings annually. Formula: eriod x customer charge Actual da s iaysreadin r the water used shall be based on 3'bed charged (b) Billing fo allon con to sumption to each orate determine block. the g month t Formula: in rate block x RATE in readin eriod x Gam' gallons in rate Actual da s per 1,000 aYs block i I fI f i ~ f E I f 1 I PAGE S Tr low p { y s SCHEDULE WCS COMMERCIAL/INDUSTRIAL WATER SERVICE METER APPLICATION Applicable to all commercial and industrial users, or other water users not otherwise classified under this ordinance. For all water provided at one point of delivery and measured through one meter to be used in determining wastewater volumes only. (See S-2A of Sewer Service Ordinance for volume charges, Ordinance No. 87-197, as amended.) Not applicable to resale service in any event, nor to tempo- , rary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE Facility Charge Billing Per 30 Days 3(,4" Meter 14.25 1 ' Meter 15.50 1-1/2" Meter 18.00 . 2" Meter 20.00 3" Meter 56.00 4" Meter 95.00 ] 6" Meter 120.00 8" Meter 1137.00 { MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge 3U days I I PAGE 9 { 9 Y L ti y i i r SCHEDULE WCN JJ COMMERCIAL/INDUSTRIAL WATER SERVICE 1 NOT CONNECTED TO SEWER APPLICATION Applicable to all commercial and industrial users, or other water users not otherwise classified under this ordinance. For all water provided at one point of delivery and measured through one 1 meter where the metered water is not returned to the wastewater system for collection and treatment; i.e., water used in production or irrigation or where wastewater flow is measured separately. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunctionwith applicable rider. { NET MONTHLY RATE Facility Charge Billing Per 30 Dam 14.25 1`'`,"etereT 15.50 y 1-112" Meter 18.00 N 2" Meter 20.00 3" Meter 56.00 4" Meter 95.00 6" Meter 120.00 j 8" Meter 1137.00 i (2) Volume Charge $2.00 Per 1,000 gallons MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. t SPECIAL FACILITIES All services which require special facilities in order to meet customers service requirements shall be provided subject to the special facilities rider. PAGE 10 1 J I J : i PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual da s in reading period x customer charge ays f (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged 1 to each rate block. Formula: j Actual da s in readin eriod x GAL in rate block x RATE I days per 1,000 gallons in rate block i ~ I I f PAGE 11 I i J -F low Y i T ' f! g3[ J r x E SCHEDULE WGI GOVERNMENT SPRINKLER IRRIGATION RATE APPLICATION entaeand oaccounts median supplied irrigation Denton finished Applicable to sales purposes to all City one point of delivery and measured through one meter. nor to Not applicable to resale service in any event, temporary, standby, or supplementary service except in conjunction I~ with applicable rider. NET MTHLY RATE Billing Per 30 Days Facility Char e (A) Metes Charge S 16.75 3/4" Meter 18.60 1" Meter $24.50 1-1/2" Meter $28,25 2" Meter (B) Sprinkler Charge $ .90 Per 100 square feet $1.80 per 1,000 gallons (2) Volume Charge MINIMUM BILLING Facility Charge ik PAYMENT ' and become past due if not paid Bills are due when rendered, within 15 calendar days from date of issuance. SPECIAL FACILITIES order All services which require special facilities to the idedisubject rerirementa shall be p special facilities rid t m PRORATION OF UTILITY BILLS (a) Billings for the Facility Charge shall be based on 12 billings annually. Formula' Actual days in reading eriod x Facility Charge PAGE 12 I I I (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formula: A_cutal days in reading period x GAL in rate block x RATE -36-- per 1,000 gallons in rate block. I i I ! i i j ~J PAGE 13 f SCHEDULE WWI WATER SALE FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS, AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENT EFFECTIVE PRIOR TO JUNE 11 1986 APPLICAl10N Applicable to all water sales contracts with municipal corporations, water districts, or governmental entities made prior to June 1, 1986, for the purpose of providing water for resale to the public. Not applicable for temporary, standby, or supplementary service except in conjunction with applicable rider. MONTHLY CHARGES 1 ` (1) Facility Charge $155.00 j (2) Volume Rate $ 0.85 per 1,000 gallons (3) Demand Rate $240.00 per1,000 gallons " r2 *ANNUAL CHARGE I (4) Readiness to Serve Rate $ 0.4423 per 1,000 gallons *As determined in the last month of each Contractual Water Year. The annual charge, if any, shall be included on the monthly billing for the next July following the end of the Water Year for which it is charged, and shall be billed and be payable in accordance with the monthly billing provided for below. PAYMENT Denton shall render bills on the tenth (10th) day of each month. Bills shall be due and payable when rendered. Bills are considered delinquent if not paid by the twenty-fifth (25th) day of the month. There shall be a five percent 5x) or five hundred 4 dollar ($500,00) charge, whichever is less, added to the bill if not paid by the twenty-fifth (25th) of the month. EFFECTIVE DATE i The charges stated herein shall be applied to all water services supplied after January 1, 1990. Until January 1, 1990, applicable charges will be determined by Schedule WWI of Ordinance No. 88-153. i PAGE 14 Y I I =i f SCHEDULE WW2 WATER SALES FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS, AND OTHER GOVERNMENTAI ENTITIES BY AGREEMENT, AFTER JUNE 1, 1986 APPLICATION Applicable to all water sales contracts with municipal corporations, water districts, or governmental entities made on or after Jcine 1, 1986, for the purpose of providing water for resale to the public. Not applicable for temporary, standby, or supplementary ser- vice except in conjunction with applicable rider. MONTHLY CHARGES + (1) Facility Charge $170.00 I 12) Volume Rate $ 0.85 per 1,000 gallons I (3) Demand Rate is28.80 per 1,000 eallons E *ANNUAL CHARGE (4) Readiness to Serve Rate $ 0.4423 per 1,000 gallons { *As determined in the last month of each Contractual Water Year. The annual charge, if any, shall be included on the monthly billing for the next July following the end of the j Water Year for which it is charged, and shall be billed and be I payable in accordance with the monthly billing provided for below. PAYMENT Denton shall render bills on the tenth (10th) day of each ` month. Bills shill be due and payable when rendered. Bills are 1 considered delinquent if not paid by the twenty-fifth (25th) day of the month. There shall be a five percent 5X) or five hundred dollar ($500.00) charge, Whichever is less, added to the bill if not i aid by the twenty-fifth (25th) of the month. If not paid by the i last day of the month, there shall be an additional interest charged on the unpaid balance, equal to the auction average rate quoted o-k a bank discount basis for a twenty-six (26) week treasury bill issued j by the United States government, as published by the Federal 1 Reserve, for the week prior to the date such bill or bills are delinquent, or ten percent (10X), whichever is leas. i PAGE 15 I I I i EFFECTIVE DATE The charges stated herein shall be applied to all water services supplied after January 1, 1990. until January 1, 1990, applicable charges will be determined by Schedule WW2 of Ordinance No. 88-153. L I i I I~ 1 ~ t 3 I PAGE 16 I I ' i SCHEDULE WG INTRA-GOVERNMENTAL SALES OF FINISHED WATER APPLICATION Applicable to sales of finished water to all City of Denton Departments and accounts supplied at one point of delivery and measured through one meter. + Not applicable to resale service in any event, nor to te;aporary standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3/4" Meter 11.25 1" Meter 12.50 1-1/2" Meter, 15.50 2" Meter 17.50 3" Meter 53.50 4" Meter 85.00 b" Meter 107.00 Meter 1125.00 (2) Volume Charge $1.40 per 1,000 gallons MINIMUM BILLING: Facility Charge J i PAYMENT Bills are due when rendered, and become past due if not paid I within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS + (a) Billin s a euele Facility charge shall be based on 12 billing Formula: Actual days in readin eriod x facility charge sys i PAGE 17 11 I r t (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formula: Actual days in readies period x CAL in rate block x RATE ays per 1,000 gallons in rate block k i i I 1 I i 1 J PACE 18 I v aI V 1 SCHEDULE WGN INTRA-GOVERNMENTAL WATER SERVICES NOT CONNECTED TO SEWER_ APPLICATION Applicable to sales of finished water to all City of Denton Departments and governmental agencies supplied at one point of delivery and measured through one meter where the metered water is not returned to the wastewater system for collection and treatment. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in con,junctionwith applicable rider. a NET MONTHLY RATE 7 (1) Facility Charge Billing Per 30 Days 3/4" Meter 11.25 a j 1" Meter 12.50 J 1;1/2" Meter 15.50 2 f 17.50 3" Meter 53.50 4" Meter 85.00 } 6" Meter 107.00 8" Meter 1125.00 (2) Volume Charge $1.90 per 1,000 gallons MINIMUM BILLING Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to E the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. 1 PAGE 19 1 e I Formula: Actual days in reading eriod x customer charge ays I)v (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formula: Actual da s in reading period x GAL in rate block x RATE ays per 1,000 gallons in rate block f~ } 1 1 I PAGE 20 T r T lrlo - I S SCHEDULE WGU INTRA-GOVERNMENTAL SALES OF UNTREATED WATER APPLICATION Applicabin to all City of Denton Departments and accounts for untreated water supplied at one point of delivery and measured i through one meter. Not applicable for resale except in conjunction with applicable rider. 1 NET MONTHLY RATE (1) Facility Charge $115.00 per 30 days i (2) Volume Charge $ 1.10 per 1,000 gallons MINIMUM BILLING Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid l within 15 calendar days from date of issuance. E SPECIAL FACILITIES j All services which require special facilities in order to meet ' customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS i (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual din reading period x customer charge 30 days, (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formula: Actual days in reading period x GAL in rate block x RATE -30 days per 1,000 gallons in rate block I PAGE 21 I TwW ti SCHEDULE WF STANDBY FIRE SERVICE WATER LINE APPLICATION Applicable to commercial and industrial users for unmetered fire service water line to serve only sprinklers or other private fire fighting equipment. Not applicable for resale in any event, J NET MONTHLY RATE Facility Charge Rilling Per 30 Days 6" Line $23.00 8" Line 335.25 MINIMUM BILLING Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. 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. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. i Formula; Actual _days 3in reading period x customer charge Ya II PAGE 22 9 9 J~ rL V SCHEDULE WFH METERED WATER FROM FIRE HYDRANT APPLICATION 1 Applicable for all water taken through a fire hydrant or other direct distribution line source r.t one location for private or commercial use not associated with fire fighting, r17 DEPOSIT $650.00 User shall place a deposit for each use of each of the City's hydrant meter(s) needed. Deposit to be returned when meter is j returned and final bill is paid. NET RATE Volume Charge: $ 2.00 per 1,000 gallons Volume use shall be computed by subtracting the meter reading at time of customer paying deposit and receiving meter from meter reading upon return of meter times any applicable multiplier. FACILITY CHARGE, $ 22.00 per 30 days INSTALLATION CHARGE $ 41.30 per meter per installation PAYMENT Bills are due when rendered, and become past dal if not paid within 15 calender days from date of issuance. i i I I PAGE 23 V SCHEDULE WRE EXTRA-JURISDICTIONAL RESIDENTIAL WATER SERVICE APPLICATION Applicable for single family residential service, and 1 individually metered apartments or mobile homes or multi-family facilities with less than 4 units outside the corporate limits of the City of Denton. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3/4" Meter ~ 9.00 1" Meter 10.00 i 1.1/2" Meter 14.00 2" Meter 116.00 (2) Volume Charge Rate Per 1,000 Gallons WINTER SV4MER Billing months of Billing months of NOV through APRIL MAY through OCT 0-15,000 gala 2.45 $2.45 15,000-30,000 gals 2.45 $3.25 Over 30,000 gals $$$$$$2.45 $4.00 MINIMUM BILLING: Facility Charge h PAYMENT Bills are duo when rendered, and become pest due if not paid within 15 calendar days from date of issuance. I 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 I PAGE 24 F i SCHEDULE WRE EXTRA-JURISDICTIONAL RESIDENTIAL WATER SERVICE APPLICATION Applicable for single family residential service, and individually metered apartnsnts or mobile homes or multi-family facilities with less than 4 units outside the corporate limits of the City of Denton. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days i 3/4" Meter 9.00 1" Meter 10.00 1-1/2" Meter 14.00 2" Meter 116.00 (2) Volume Charge Rate Per 1,000 Gallons WINTER SUMMER Billing months of Billing months of NOV through APRIL MAY through OCT lI 0-15,000 gals 2.45 $2.45 } 15,000-30,000 gals 2.45 $3.25 Over 30,000 gals 12.45 $4.00 MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 0 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to tho special facilities rider. l i I PAGE 24 PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in readin eriod x customer charge 30 ays (b) Billing for the water used shall be based on 30 days per month t,) determine the gallon consumption to be charged Ii to each rate block. f Formula: Actual days in reeain eriod x GAL in rate block in Rate per 1,000 gallons days block 30 1 i i ' I I E i PAGE 25 E r. 9 1 h ' r SCHEDULE WCE EXTRA-JURISDICTIONAL COMMERCIAL 6 INDUSTRIAL _ WATER SERVICE + APPLICATION + Applicable for all commorcill and industrial users or other users not otherwise classifi,d under this ordinance outside of the corporate limits of the City of Denton fur all water service ' provided at one point of delivery and measured through one motor. Not applicable to temporary, standby or supplementary service, except in conjunction with applicable rider, NET MONTHLY RATE ± (1) Facility Charge Billing. Per 30 Des f 3(4" Meter 15.50 ` 1' Meter 17.00 1-1/2" Meter 21 50 2" Meter 24,50 3" Motor 73.25 4" Meter 123.50 6" Meter 157.50 8" Meter 1178.50 (2) Volume Charge $2.55 per 1,000 gallons MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not pain within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customor's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for th6 Facility charge shall be based on 12 billings annually. I PACE 26 1 e f N i Formula: Actual days in reading period x customer charge 3 ays (b) Billing for the water used shall be based on 30 days per month to determine the gallon consumption to be charged to each rate block. Formula: Actual days in reading period x CAL in rate block x ELATE aye per 1,000 gallons in rate block f h V PACE 27 SPECIAL FACILITIES RIDER {1) All service shall be offered from available facilities. If a customer service characteristic requires facilities and devices which are nit normally and readily available at the location at which the customer requests service, then the I Utility shall provide the service subject to paragraph 2 of I this schedule. (2) The total cost of all facilities required to most the customar's load characteristics which are incurred by the e Utility shall be subject to a special contract entered into between the Utility and the customer. This contract shall be signed by both parties prior to the Utility providing service to the customer. I V i i I . I I I 1 PAGE 28 1 J 4 S SECTION II. That if any section, subsection, paragraph, sentence cause, phrase or word in this ordinance or application thereof to any person or circumstances is held inva~id 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 III. That the Schedule of Rates herein adopted shall be effective, charged and applied to the first regular billing cycle on or after October 1, 1989, except for Schedule WWI and WW2, which shall be effective for all water services supplied after January 1, 1990. PASSED AND APPROVED this day of , 1989. i ATTEST: JENNIFER WALTERS, CITY tM RETARY I~ BYt M i - ~ ' APPROVED AS TO LE(,AL FORM: DEBRA ADAMI DRAYGVITCHj CITY ATTORNEY i i i PACE 29 I 1 1 --r--- ---T --W - i ~ E ' i 1 i V 1 i I I 119 ~i 10' ~w i 1 l ~ September 19, 1989 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM, Lloyd Harrell, City Managers SUBJ: CONSIDER APPROVAL OF PROPOSED ELECTRIC, WATER AND WASTEWATER RATES. RECOMMENDATION: The Public Utilities Board and Staff recommends approval of the III subject rate ordinance. SUMMARYt The 1990 Electric, Water and Wastewater Rate Studies were presented to the Council on August 29, 1989. Subsequently, on September 120 j 1989, the Council again reviewed the Electric Dusk-to-Dewn rate and recommended that this rate be kept unchanged. The proposed changes would result in a 1.6%, or $687,491 reduction in electric rates, an 8.27%, or $834,680 increase in water rates, and an f 8.5%, or $460,468 increase in the wastewater rates. Ordinances of the proposed electric, water and wastewater rates are attached. The Standby and Supplemental Power rate has been removed from the group of rates previously reviewed with the Council in order to give the legal Department additional opportunity to research all aspects of this rate. This rate will be presented to the Council at a later date for consideration. A copy of the backup information provided in the agenda item of August 29th is attached. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities, Public Utilities Board, Customer Service Department, Data Processing, Legal Department, City Council, and the Citizens of the Community. I T-W IF low V 3 a { City Council Meeting 9e , FISCAL IMPACTi The proposed changes in rates are t.b% reduction in electric, 8.27% increase In water, and an 8,5% Increase in wastewater, which results in an increase of .6% In revenues. From To Decrease In Elect 1.60% $8871491 $55,436,780 $5405491289 Increase in Wtr 8.27% 1834,680} 10,0971498 10,9320178 I increase in wstwtr 8.60% 480 468 5,746,688 b~ 235 66 Overall Change .60% ;435,657 $71,280,966 $71,716,623 Respe / 11y Sybmi t , oy arre y Manager Prepared/Approved by, F ,G• { e son,- ecu ve rec or Department of Utilities Exhibit I Electric Rate Ordinance II Water Rate Ordinance ' III wastewater Rate Ordinance IV City Council Agenda Item of August 291 1989 G I ( 6509Us1-2 ~k - - -T- f 2756L NO. AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR SEWER SERVICE; AND PROVIUING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Rate Schedules for sewer service as prov a or n Chapter 25 of the Code of Ordinances, are amended to read as follows: SEWER RATE SCHEDULES , I PAGE S1 Residential Sewer Service 1 SIR Religious Worship 'Sewer Service 3 1 S2 Commercial/Industrial Sewer Services 5 S21 Commerical/Industrial Sewer Services 9 S3 Wholesale Sewer Treatment Service for a Governmental Agency, Division or Subdivision 11 S4 Intragovernme.:tal Sewer Service 13 S5 Sale of Treated Sewer Effluent to Municipal Utility Customers 15 S6 ftetered Sewer 16 S7 Residential Sewer Service to Users Outside i of Denton Corporate Limits 18 S8 Residential Sewer Service to Users without City of Denton Water Service 20 S9 Commercial/Industrial Sewer Service Outside the City of Denton Corporate Limits 22 S10 Metered Sewer Outside City Limits 24 I i l a' 4 . a i 4 4r SCHEDULE S1 RESIDENTIAL SEWER SERVICE APPLICATION Applicable for single family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than 4 unite. Not applicable for sub-billing or other utility billing by service userin any` event. NET MONTHLY RATE (1) Facility Charge $3.00/30 days (2) Volume Charge $1.50/1,000 gallon effluent Billing shall be based on ninety-eight (98f) percent of water consumption but bhall not exceed a maximum o198 ff twenty-five thousand (25,000) gallons. Monthly billings for the period March ' through November shall be based on the average monthl rate of water consumption during the immediately prior months T December through February. Billings for the months of December through February shall be based on actual consumption. New residential customers who do not have a full prior non-irrigational history (December throu h February) will have a maximum bill based on ninety-eight (981) i percent of water consumption or ten thousand (10,000) gallons of water consumption, whichever is less until a non-irrigational water consumption history is established. MINIMUM BILLING Facility Charge $3.00/30 days PAYMENT Bills are due when rendered, and become past due if not paid vithin 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements sha11 be provided subject to the special facilities rider. I PAGE I J r f, PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge aye (b) Billing for the sewer effluent shall be based on 30 days I per month to determine the gallon effluent to be charged to each rate block. Formula: Actual da s in reading period x GAL in rate block x RATE days per 1,000 gallons in rate block 1 i i I' l I e PAGE 2 3 } 4 y ~J c 1 Y f SCHEDULE S1R RELIGIOUS WORSHIP SEWER SERVICE APPLICATION Applicable to all facilities used primarily for religious worship and/or education and not for residence or commercial or industrial enterprise, i Not a licable for sub-billing or other utility billing by service user in any event. NET MONTHLY RATE (1) Facility Charge $3,00/30 days (2) Volume Charge $1.50/1,000 gallon effluent Billing shall be based on ninety-eight (98x) percent of water consumption but shall not exceed a maximum of twenty-five thousand (25,000) gallons. Monthly billings for the period March through November shall be based on the average monthly rate of water consumption during the immediately prior months of December through February. Billings for the months of December through February shall be based on actual consumption. New residential customers who do not have a full prior non-irrigational history (December througgh February) will have a maximum bill based on ninety-eight (98%) percent of water consumption or ten thousand (10,000) gallons of water consumption, whichever is loss until a non-irrigational water consumption history is established. MINIMUM BILLING $3.00/30 days PAYMENT Bills are due when rendered, and become past due if not paid ' within 15 calendar days from date of issuance. E 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 PAGE 3 low r t t,. t PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge - 30 days (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formula: Actual days in reading period x CAL in rate block x RATE days oer 1,000 gallons in j rate block 4 i I 1 ! PACE 4 1 -rr low J 4j H l I SCHEDULE S2 COMMERCIAL AND INDUSTRIAL SEWER SERVICE S2) REGULAR COMMERCIAL APPLICATION users a licable to all sewerlservice users not therwisea classified sunder S2A, S2B, or S2C listed herein or Schedule S21. J NET MONTHLY RATE .11 ` i (1) Facility Charge $7.25/30 days (2) Volume Charge $1.78/1,000 gallon effluent Billing based on eighty (80X) percent of monthly water consumption. S2A) EATING PLACES APPLICATION Applicable to all restaurants and food service operations which pprepare and serve food directly to customers and are •:ategorized by Standard Industrial Code Numbers 5812 or 5813. E NET MONTHLY RATE (1) Facility Charge $7.25/30 days i (2) Volume Charge $2.20/1,000 gallon effluent Billing based on eighty (80x) percent of monthly water consumption. S2B) QUIPMENT SERVICES APPLICATION Applicable to establishments which perform washing i cleaning or servicing of automobiles, trucks, busses or similar equpment and i arecategorized by Standard Industrial Code Numbers 5541, 7549 or NET MONTHLY RATE (1) Facility Charge $7.25/30 days (2) Volume Charge $2.20/1,000 gallon effluent I PAGE 5 I w Vw . f i c Billing based on eighty (80%) perdent of monthly water consumption. EXEMPTIONS Customers under the S2A or S28 rates shall be charged the S2 rate if: (1) In the case of S2A customers, only pre-wrapped and pre-processed foods are served from their premises and no food processing is performed on the premises so that only minimal organic material is discharged to the sanitary sewer. The exemption for the S2A class shall be determined by the City of Denton Environmental Health 1 Services Food Inspection Division. (2) In the case of S2A or 52B, the customer: (a) Installs a wastewater sampling manhole on their sanitary sewer discharge line; (b) Agrees to pay for the City to sample and analyze, quarterly, the wastewater discharge for the following parameters; Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and Fats, Oils and Grease (FOG), based on the actual coats plus administrative charges; and (c) foA re" rmula to pay, based on the industrial surcharge a ' surcharge on all wastewater discharged ` that is in excess of 250 mg/l of HOD and TSS as determined by the monitoring performed in Section f 2(b), NET MONTHLY HATE Facility Charge 1 i $7.25/30 days L-- Volume Charge $1.78/1000 gallons effluent Industrial Surcharge The Industrial Surcharge shall be based on the following I formula: Cu-Vu ((Bu-2501 B + (Su-2501 SD Where: Cu is the surcharge for user X. Vu is the billing volume for user X. Bu is the tested BOD level for user X or 250 mg/1, whichaver is greater. PAGE 6 1 t e ~ j t S2C) PRETREATMENT APPLICATION Applicable to all commercial/ industrial customers subject to EPA Pretreatment criteria or such other commercial/indjustrial customers that have the probability of discharging extra strength wastewater or which may have substances in their wastewater which are listed on EPA's categorical pollutant list. J NET MONTHLY CHARGE 11 (1) Facility Charge $7.25/30 days (2) Volume Charge $1.90/1,000 gallon effluent INDUSTRIAL SURCHARGE In addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formula: Cu-Vu ((Bu-2501 B +(Su-2501 SJ) Where: Cu is the surcharge for user X. j Vu is the billing volume for user X. Bu is the tested BOD level for user X or 250 mg/1, whichever is greater. B BOD per 1,000 gallons ($0.000743) is the unit coat factor for treating one unit. Su is the tested SS level for user X or 250 mg/10 whichever is greater. S ($0.000751) is the unit cost factor for treating one unit of SS per 1,000 gallons. MINIMUM BILLING $7.25/30 days PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 7 D r, PRORATION OF UTILITY BILLS based for the Facility charge shall be on 12 (a) billings annually. Formula: Actual da a in rreadinsod x customer charge l based on 30 days Billing for the sewer effluent shall fluent to be charged or each month rate block,miue the gallon t eriod x GAL :in rate in rate Actual da s in raYedin p block I 1 II i I 6 y ~ I I 1 I PAGE 8 S{p y f fa r a SCHEDULE S21 COMMERCIAL & INDUSTRIAL SEWER SERVICES APPLICATION Applicable to all major commercial and industrial sewer service users and to all sewer service users not otherwise classified under this ordinance whose waste is measured by a meter dedicated to water which is returned into the wastewater collection and treatment system. Not applicable for sub-billing or other utility billing by E service user n any event. NET MONTHLY RATE (1) Facility Charge $7.25/30 days (2) Volume Charge $1.78/1,000 gallon effluent Billing based on ninety-eight (98X) percent of monthly sewage flow as measured by the wastewater discharge flow meter. INDUSTRIAL SURCHARGE In addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formula: CuwVu (IBu-250) B + (Su-2501 S)) Where: Cu is the surcharge for user X. Vu is the billing volume for user X. Bu is the tested BOD level for user X or 250 mg/1, whichever is greater. B BOD per 1,000 gallons ($0.000743) is the unit coat factor for treating one unit. Su is the tested SS level for user X or 250 mg/l, whichever is greater. S ($0.000751) is the unit cost factor for treating one unit of SS per 1,000 gallons. 1 PAGE 9 w.4i9 ti i ~ MINIMUM BILLING $7.25/30 days PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula; Actual days in reading period x customer charge 30 aye (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formula; Actual days in reading period ,x GAL in rate block x RATE 39--days ~er 1,000 gallons in rate ..lock i I PAGE 10 t}4eH !Y i SCHEDULE S3 WHOLESALE SEWER TRFATMENT SERVICE FOR A GOVERNMENTAL AGENCY DIVISION OR SUBDIVISION APPLICATION Applicable to any municipal corporation, or other governmental agency or subdivision which operates a sewer collection system and contracts with the City of Denton for sewer treatment service. NET MONTHLY RATE (1) Facility Charge $125.00/30 days (2) Volume Charge $1.95/1,000 gallon of effluent Billing shall be based on one-hundred (100x) percent of actual Qallons measured by meter at one point. MINIMUM BILLING $125.00/30 days INDUSTRIAL SURCHARGE 1 In addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formula: Cu•Vu ([Bu-250] B + (Su-250] SD Where: Cu is the surcharge for user X. Vu is the billing volume for user X. Bu is the tested BOD level for user X or 250 mg/l, whichever is greater. B BOD per 1,000 gallons ($0.000743) is the unit cost factor for treating one unit. Su is the tested S5 level for user X or 250 mg/l, h whichever is greater. f S ($0.000751) is the unit cost factor for treating one unit of SS per 1,000 gallons. i , f i~ PAGE 11 1 PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. ! PRORATION OF UTILITY BILLS .f (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: f Actual days in .reading period x customer charge (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formula: Actual des in reading period x GAL in rate block x RATE ay$ per 1,000 gallons in rate f block f I I i I 1 f PAGE 12 k h 6 SCHEDULE S4 INTRA-GOVERNMENTAL SEWER SERVICE. APPLICATION Applicable to all City of Denton Departments and agencies for all sewer service. NET MONTHLY RATE (1) Facility Charge $7.50/30 days (2) Volume Charge $1.60/1,000 gallon effluent Billing shall be based on eighty (80X) percent of water consumption. INDUSTRIAL SURCHARGE 1 In addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formula- Cu-Vu ((Bu-250] B + (Su-250] S]) r ! Where: Cu is the surcharge for user X. Vu is the billing volume for user X. Bu is the tested BOD level for user X or 250 mg/1, whichever is greater. B BOD per 1,000 gallons ($0.000743) is the unit cost factor for treating one unit. ' Su is the tested SS level for user X or 250 mg/10 whichever is greater. I S ($0.000751) is the unit cost factor for treating one unit of SS per 1,000 gallons. MINIMUM BILLING $6.50/30 days PAGE 13 I IV IV low PAYMENT Bills are due when rendered, and become past due kf not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services whic'a require special facilities in order to meet 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. Formula: Actual days in reading period x customer charge 3-nays (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formula: Actual days in readin period, x GAL in rate block x RATE ays block,000 gallons in rate I I I PAGE 14 LJ SCHEDULE S5 SALE OF TREATED SEWER EFFLUENT TO MUNICIPAL UTILITY CUSTOMERS APPLICATION Applicable on sales of treated sewer effluent to any municipal utility. Not available for resale in any event. NET MONTHLY RATE (1) Facility Charge $97,00/30 days i (2) Volume Charge $ 75/1,000 gallon effluent j MINIMUM BILLING { j $97.00/30 days PAYMENT Bills are due when rendered, and become past due if not paid j within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to most customer's servico requirements shall be provided subject to the special facilities rider, PRORATION OF UTILITY SILLS (a) Billing for the Facility charge shall be based on 12 billings annually. J i Formulas Actual days in roadin period x customer charge ays (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formula; Actual days in reading period x GAL in rate block x RATE f 30 days per 1 000 gallons in i rate flock I i PAGE 15 1 1 low k(f Y Y 2 SCHEDULE S6 METERED SEWER APPLICATION Applicable to any mayor sewer service customer desiring to meter all sewage net monthly rate effluent from a single customer location and not otherwise classified under this ordinance. NET MONTHLY RATE Facility Charge $130.00/30 days , Volume Charge $ 1.90/1,000 gallon effluent INDUSTRIAL SURCHARGE In addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formula: Cu•Vu ((Bu-250) a + (Su-250) S)) Where: Cu is the surcharge for user X. Vu is the billing volume for user X. Bu is the tested DOD level for user X or 250 mg/1, whichever is greater. B SOD per 10000 gallons ($0.000743) is the unit cost factor for treating one unit. Su is the tested SS level for user X or 250 mg/1, whichever is greater. S ($0.000751) is the unit cost factor for treating one unit of SS per 1,000 gallons. MINIMUM BILLING $130.00/30 days 1 PAYMENT Hills are due when rendered and become within 15 calendar days from date of issuance, past due if not paid I PAGE 16 d1F Y i e i. SPECIAL FACILITIES All services which require special facilities in order to meet 1 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. 1 Formula: Actual days in reading period x customer charge -3U de (b) Billing nth o to the sewer determine effluent the u gallon shall effluent based to be charge per mo d to each rate block. i Formula: Actual days in reading period x GGAL in rate block x RATE aya por1,000 gallons in rate 1 E J^~ PAGE 17 I V low 4 f I SCHEDULE S7 RESIDENTIAL SEWER SERVICE TO USERS OUTSIDE CITY OF DENTON CORPORATE LIMITS APPLICATION Applicable for single family residential sewer customers individually metered apartments or mobile homes or multi-family receiving water frometherCityt of limits of the facilities Denton s and than City e of with NET MONTHLY RATE - I ! (1) Facility Charge $4.50/30 days (2) Volume Charge $2.25/1,000 gallon effluent f Billing shall be based on ninety-eight (98x) percent- of water five and notlyexce consumption but shall periody Ma ch tthrough bil ingsm formuthe of (25,,000000) gallons. November shall be based on the average monthly rate of water consumption during the immediately prior months ofDecember through i February. Billings for the months of December through February shall be based on actual consumption. New residential customers who do not have a full prior non-irrigational history (December through s February) will have a maximum bill based on ninety-eight (98%) percent of water consumption or ten thousand (10,000) gallons of ` water consumption, whichever is lose until a non-irrigational water consumption history is established. MINIMUM BILLING $4.50/30 days PAYMENT 4 Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to moot customer's service requirements shall be provided subject to the special facilities rider. i PAGE 18 i i I I i I PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge 3 ays (b) Billing for the sewer effluent shall be based on 30 days per month to determine the gallon effluent to be charged to each rate block. Formula: Actual days in_eading period x GAL in rate block x RATE 3 ays per 11000 gallons in rate block I k . I I' r E f PACE 19 i .3 r SCHEDULE S8 RESIDENTIAL SEWER SERVICE TO USERS WITHOUT CITY OF DENTON WATER SERVICE APPLICATION Applicablo to all residential facilities not also receiving metered water service from the City of Vinton, including sub-divisions, for apartments, mobile home parka, or other residential service users. The monthly charge will be based on thA maximum number of residential units in the area served during the month times the volume and facility charges. f NET MONTHLY RATE In Corporate Outside Corporate Limits Limits (1) Facility Charge $ 2.25/30 days $ 3.35/30 days (2) Volume Charge $ 1.50/1,000 gals $ 2.25/1,000 gale I Volume charge will be for five thousand (5,000) gallons per i month. ` j MINIMUM BILLING 1 $ 4.75 per 30 days $14.60 per 30 days per resident unit per resident unit PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date Of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS I (a) Billing or the Facility charge shall be based on 12 r billings annually. Formulas Actual days in readin period x customer charge _ PAGE 20 i J n r+ r a 4 1 i J I ~ d I (b) Billing for the sewer effluent shall be based on 30 days par month to determine the gallon effluent to be charged to ecch rate block. Formula: i Actual days in reading period x GAL in rate block x RATE -30 -days per 1,000 gallons in rate block M r i i 1 ~I Ii t , I II f i i PAGE 21 y 1 1 a SCHEDULE S9 COMMERCIAL/ INDUSTRIAL SEWER SERVICE OUTSIDE CITY OF UENTON CORPORATEE LETS APPLICATION not o herwise lcovee to undererthis' ordinance l outside the corporate limits of the City of Denton and receiving sewor any er servicer from facility City of Denton. N hiONTHLy RATE (1) Facility Charge $9.75/30 days (2) Volume Charge $2,40/1,000 gallon effluent Billing based on eighty (80%) percent of monthly water consumption. INDUSTRIAL SURCHARGE In addition to the above charge for commercial and tr.dustrial, there will be added to the net monthly rate an industrial surcharge based on the following formula; Cu.Vu ((Bu-250) B + (Su-2507 S)) Wheret Cu is the surcharge for user X. y Vu is the billing volume for user X. Bu is the tested BOD level for user X or 250 mg/10 whichever is greater, B BOD per 1,000 gallons ($0.000885) is the unit coat factor for treating one unit. Su is the tested SS level for user X or 250 mg/l, whichever is greater. S ($0.000894) is, the unit coat factor for treating one unit of SS per 19000 gallons, MINIMUM BILLING $9.75/30 days I PAGE 22 I I i i 1 k 4 PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of iRsuance. 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. PRORATION OF UTILITY BILLS I (a) Billing for the Facility charge shall be based on 12 billings annually. Formula: LC tual da a in ys eriod x customer charge , ays 1 i 1 ~ PAGE 23 LJ - , T-F --F VFW a SCHEDULE S10 METERED SEWER OUTSIDE CITY LIMITS APPLICATION Application to any sewer service customer desiring to meter all sewage effluent from a aingle customer location and not otherwise classified under this ordinance. NET MONTHLY RATE { Facility Charge $195.00/30 days Volume Charge $ 2.40/1,000 gallon effluent I INDUSTRIAL SURCHARGE In addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formula: t cunvu ([Bu-250] B + (Su-250) Where: Cu is the surcharge for user X, h Vu is the billing volume for user X. Bu is the tested SOD level for user X or 250 mg/l, whichever is greater. 8 SOD per 1,000 gallons ($0.000885) is the unit cost factor for treating one unit. Su is the tested SS level for user X or 250 mg/l, whichever is greater. S ($0.000894) is the unit cost factor for treating one unit of SS per 1,000 gallons. MINIMUM BILLING i $195.00/30 days l PAYMENT Bills are due when rendered and become peat due if not paid within 15 calendar days from date of issuance. I i PAGE 24 1 i 4r• a 1~ 4 1 r F I ~ I 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. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 billings annually, Formula: Actual days in readin ays g period x customer charge (b) Billing for the sewer effluent shall be basal on 30 days per month to determine the gallon effluent to be charged to each rate block, I~ Formula= V f Actual days in n readin Period x GAL in rate block x RATE per 1,000 gallons in rate block i PAGE 25 T:♦ u~ t t SECTION 11. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That the Schedule of Rates herein adopted shall be effective, charged and applied to the first regular billing cycle accruing on or after October 1, 1989. PASSED AND APPROVED this day of 1989. RAY STEPHENS~ MAYOR ITY OF DENTON, TEXAS 1 C ATTEST: v JENNIFER WALTERS, CITY-SECRETARY I{ CITY OF DENTON, TEXAS l APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOViTCB, CITY ATTORNEY CITY OF DENTON, TEXAS t BY: 4 . r*N { i { PAGE 26 i 1 a (r I 1 y 1 ~ I~ 11 llr-rT-f-rT-r-F-jII IIy 1 i1 III r III E i i j j 1 1 P 1 rrT" 11 Jill E k ~E DATE: Sept. 19, 1989 s s CITY COUNCIL REPORT FORMAT TO., Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ADOPI10N OF AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES. RECOMMENDATION: The staff recommends approval of the ordinance. SUMMARY: The ordinance increases Residential rates $.25 per month, Roll-off rates by $.08 per cubic yard and Dumpster service by $.02 per cubic yard at point of collection. BACKGROUND: The Texas legislature approved a surcharge for solid waste disposal of 50 cents per ton. The rate increases along with the Landfill Increase Is a pass-through of this surcharge. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City Residential and Commercial Solid Waste Customers. FISCAL IMPACT. $.25 for Residential, $.08 Roll-off, and $.02 Dempster at point of collection. Respectf y submitted Lloyd Harrell City Manager Prepared by: 4114 //4" 1 i e ria S. Watk r If Superintendent, Solid Waste Division ~ I Appro i TflName: 1ST2W99255 I RRS i S m 4 2234L NO. AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES AS' AUTHORIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the charges for residential garbage collection serv ceps as authorized by Section 12-19(b) of Article II of Chapter 12 of the Code of Ordinances is hereby established in the amount of Nine Dollars and 25/100 ($9.25) for each individual ~!1 family unit for a thirty day period. SECTION II. That the charges for commercial and institutional garbage collection services, established in accordance with Section 12-20 of Article III of Chapter 12 of the Code of Ordinances, are hereby amended as follows: A. DUMPSTERS li Cubic Yards Rate Collected Per Week Per 30 Days 1-3 8.25 j 4-6 6 36 7-10 6.11 11-25 5.98 } 26-50 5.93 51-100 5.76 101-125 5.51 126-150 5.42 151-175 5.16 176 or more 14.99 B. OPEN TOP CONTAINERS AND COMPACTORS Type of Rent Container Per 30 Days Service Charge 20 cubic yard open top 39.53 4.82 per cubic yard 30 cubic yard open top 52.50 4.82 per cubic yard O 40 cubic yard open top 57.75 4.82 per cubic yard } 12 cubic yard compactor 87.15 4.82 per cubic yard 15 cubic yard compactor 89.25 4.82 per cubic yard ` 20 cubic yard compactor 115.50 4.82 per cubic yard 25 cubic yard compactor 115.50 4.82 per cubic yard 1 30 cubic yard compactor 157.50 482 per cubic yard 42 cubic yard compactor 1176 40 14:82 per cubic yard I E V low A delivery fee of $50.00 per container will be charged to all new customers for open top containers and compactors. SECTION III. That this ordinance shall become effective October `1, 1989. PASSED AND APPROVED this the _ day of , 1989. FLAY STEP HENS, ! R i ATTEST: I I i JENNIFER I E CITY 9ECRETARY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY J BY: C16d~ V 4 ~ PAGE 2 I 1 J tr low { 1 a A s 1 II` I 1 i I~ I i 1 J DATE: Sept. 19, 1989 CITY COUNCIL REPORT FORMAT T0: Mayor and McRbars of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE OF THE CITY'S LANDFILL SITE. RECOMMENDATION: The staff recormends approval of the ordinance. SLM'IARY The ordinance raises the basic rate by .09< from $2.73 per cubic yard to $2.81 per cubic yard. Rates for automobiles and pickup trucks wlll remain the same as last year. BACKGROUND: The Texas legislature approved a surcharge for solid waste disposal 1 of 50 cents per ton. The rate Increase at the Landfill and the accompanying Residentlal and Commercial rate is a pass-through of 1 this surcharge. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Cash and Contract Landfill Users. FISCAr I j $.09 Increase per cubic yard of refuse at Landfill. Respectfu submitted, Lloyd Harnett City Manager 1 Pre ed by', Charles S. Watkins Superintendent, Solid Waste Division Approv z 51 Name: Title: i IST2W99?54 . t~ r wn t 1992L NO. AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE AS AUTHORIZED BY CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the charges for the use of the City's land- 1 of chapter fi ll of sthe Code of Ordinances are hereby established eas follows: A. Individual Users Charge Per Type of Vehicle Vehicle Per Load i ~ 1. Automobiles and station wagons, pickup trucks $ 3.00 less than one-half ton, (such as Bronco Ills and similar size vehicles). 2. Motor vehicles with a carrying load capacity $ 10.00 of 2 cubic yards less thin 5 cubic yards (such as one-half ton pickups, single axle I Blazers and Suburbans). 3. Pick trucks with side boards and all other $ 28.10 vehicles with a carrying capacity in excess of 5 cubic yards but less than 10 cubic yards 4. Vehicles with carrying capacity in excess of $ 42.15 10 cubic yards but less than 15 cubic yards 5. Vehicles but y less c t ha n i 20 cubic excess yardsf $ 56.20 cubic yards carrying 15 Nan 84.30 6. Vehicles 0 cubic yards c but y less ca i30 excess $ ~h 7. Vehicles with carrying capacity in excess of $112.40 30 cubic yards but less than 40 cubic yards 8. Vehicles with carrying capacity of 40 cubic $140.50 yards or more ' 2.00 9. For the disposal above a chargescle tire, in $ addition I I I ti 3 a i (If vehicle tires are shredded or quartered, the rate will be the same as for other types J of waste.) B. Regular Commercial Users The City Manager may enter into contracts with private commercial collection service companies for regular use of the sanitary landfill site at the following rates: Residential & commercial 1 garbage 2.81 cubic yard or 11.24/ton , Rubbish (trash) 2.81 cubic yard or 11.24/ton Uncompacted residential & 2.81 cubic yard or 111.24/ton commercial garbage All such contracts may contain such conditions of operation, dis- posal and delivery as necessary for the efficient operation of the { landfill site and the method of billing and collecting for such use. I SECTION II. That landfill permits issued by the City prior to tee act ve date of this ordinance may be redeemed for their face value. The customer must pay the difference between the a current rate and the face value of the permit. The customer is j not entitled to a refund if the face value of the permit exceeds the current rate. J SECTION III. That this ordinance shall become effective immediate y upon its passage and approval. PASSED AND APPROVED this the day of 1989. I RAY I ATTEST: ' F N RtY APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: PAGE 2 i ti r., { { i E f j 1 f i I I 4 6.." w 1 f `F I ' CITY of DENTON 1215 E. McKinney / Denton, Texas 76201 f MEMORANDUM DATE: September 14, 14b9 ' j (U: Lloyd V. Harrell, City Manager FROM: John F. McGrane, executive Uirector of Finance SUMJ Ci': AEVENUL BUNUS I C The Utility Fund is in treed of bond financing for various I Capital Improvement Projects (see attached list). I have met with Bob nelson and Frank Medanich in order to determine the amount of bonds needed to be issued. We have determined that a $20,UOO1UOU sale will provide the Utility Department with sufficient financing for Cr.pital Improvements Projects through January, 1931. This date is significant for two reasons: 1. One, if we issue less than $5 million of bonds in calendar year 199U, teen the federal arbitrage regulations ! will not apply to these bonds. i 2. Secondly, if we issue less than $10 million of bonds in calendar year I990, then these bonds are "bank qualified" which allows banks to receive tax advantages for purchasing f the bonds. If banks can purchase the bond's, then it typically equates to a lower interest rate at the time of sale. f If you have any questions, or need additional information, please advise. 1 ~J Zz~ 4), ha F. McUrane JFMcU:af Attachment I 4855E 1 1 I ti i I CERTIFICATE FOR ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1989, AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF S-, OF SAID BONDS J THE STATE OF TEXAS 1 COUNTY OF DENTON ; CITY OF DENTON We, the undersigned officers of said city, hereby certify as followss 1. The City Council of said city convened in REGULAR MEETING ON THE 19TH DAY OF SEPTEMBER, 19890 at the Municipal Building (City Hall), and thq roll was called of the duly constituted officers and members of said City Council, to-wit: Jennifer K. Walters, City Secretary Ray Stephens, Mayor Bob Gorton Linnie McAdams I I1 Jane Hopkins Jim Alexander Randall Boyd Hugh Ayer a and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meetings a written 1 ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION j TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 19891 AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF SAID BONDS was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said ordinance be passedf and, after this discussion, said motion, carrying with it the passage of said ordinance, prevailed and carried by the following vote: AYES: NOES: ABSENTIONS: _ 1 2. That a true, full, and correct copy of the aforesaid ordinance passed at the Meeting described in the above and foregoing paragraph is attached to and follows this I 1 Ir low Certificates that said Ordinance has been duly recorded in said city Council's minutes of said Meetiand that theexcerpt from foregoing paragraph is a true, fullo to the correct said city Council's minutes of said Meeting s n m din the above passage of said Ordinancei that the parson ualified, and and foregoing paragraph are the duly chosen, Coucil as indicated acting officers and members of said City i and that and sufficiently notified off cially a d per Y Council l was duly ur ose of the sonally, in advance, of the time, place, and p p aforesaid Meeting, and that said ordinance would be introduced t said and considered for passage at said publicnnotice ofathe time, Meeting was open to the p meet bplyaVernonce, Tax. Civ. St g Art le 6292 17 all as require If 3. That the Mayor of said City has approved, and hereby ,l approves, the aforesaid Ordinancei that the Mayor and the Cit; th have duly ! 1 Secretary of said City Secretary of as a id rCitynherebyd I I that the Mayor and declare that their signing of this Certificate shall said ordi- the signing of the attached and following copy of II nfor all purposes. nance 1989. k SIGHED AND SEALED as of the day of , I Mayor a I C ty Secretary I ~ i (SEAL) We, the undersigned, being respectively the City Attorney and the Bond Attorneys of the City of Denton, Texas, hereby certify that we prepared and approved as to legality the attached and following ordinance prior to its passage as aforesaid. 1 City Attorney Gca,ro ~~~.s~ Bond Attorneys ~I I 1 1 I i IV low --,I 4 i f i ORDINANCE N0.89 - ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1989, AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF SAID 84NDS_ THE STATE OF TEXAS COUNTY OF DENTON : CITY OF DENTON ; WHEREAS, the City Council of the City of Denton, Texas, deems it necessary and advisable that the bonds hereinafter described pe authorized, issued, sold, and delivered. I THE COUNCIL OF THE CITY OF DENTON ORDAINS: Section 1. That the City Secretary is directed to cause the following notice to be published in the "Denton Record- chronicle", which is a newspaper published in, and having general circulation in, the City of Denton, on the same day of each of two consecutive weeks, with the date of the first publication to be at least two weeks (14 days) prior to the date upon which the City Council intends to pass the Ordinance described in the following notice: i "NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1989 Notice is hereby given, in accordance with Article 2368a, Vernon's Annotated Texas Civil Statutes, that the city Council of the City of Denton, Texas, intends to pass, at a Regular Meeting to be held at 7:00 PM, on October 24, 1989, at the Municipal Building (City Hall), an Ordinance authorizing the issuance, sale, and delivery of an issue of bonds, to be evidenced initially by a single fully registered bond payable in installments, but convertible into definitive bonds in multiples of $5,000, to be designated as "City of Denton Utility System Revenue Bonds, Series 1989, in the maximum principal amount of $20,000,000, to be secured by and payable from a first lien on and pledge of the "Pledged Revenues", which "Pledged Revenues" include initially the "Net Revenues" of the "System", with said "System" initially consisting of the City's entire existing combined waterworks, sanitary sewer, and _ electric light and power system, all as will be defined and provided in the aforesaid Ordinance. Said bonds will bear interest from their date at maximum rates not to exceed fifteen 1 ~I percentum per annum, will be scheduled to mature serially in installments within a maximum of not to exceed thirty years r 1 from their date, and will be subject to redemption prior to maturity, and will have such other and further characteristics, as will be provided in the aforesaid Ordinance. Said bonds will be authorized, issued, sold and delivered pursuant to Articles llllb, 11120 1113, and 1114, Vernon's Annotated Texas Civil statutes, and other applicable laws, for the purpose of obtaining money for improvements and extensions of the afore- said "System". CITY OF DENTON, TEXAS" Section 2. That the City Secretary is directed to issue a Notice of Sale of Bonds in substantially the following form: OFFICIAL NOTICE OF SALE J CITY OF DEN TON, TEXAS f UTILITY SYSTEM REVENUE BONDS, SERIES 1989 The City Council of the City of Denton, Denton County, Texas, will receive sealed bids at the Municipal Building (City Hall), 215 E. McKinney Street, in the City of Denton until: ; 7:00 p.m., Tuesday, October 24, 1989 for the purchase of: i $20.000.000 Utility System Revenue Bonds, eries I' 1989, to be dated October 1, 1989, and to mature serially December 1 each year 1991 through 2009. Sealed bids, plainly marked "Bid for Bonds", should be addressed to "Honorable Mayor and City Council, j City of Denton, Texas", and must be submitted on + j the "Official Bid Form" to be made available by the City Council prior the date of sale. All sealed bids will be publicly opened and tabu- l lated before the Council. Copies of the "Official Statement", "Notice of sale", and "official Bid Form" are being prepared and will 4 be mailed to prospective bidders on or about October 100 1989, and will be furnished to any prospective bidder upon request, by First Southwest Company, 500 First City Center, 1700 Pacific Avenue, Dallas, Texas 75201, Financial Advisors to the City. 1 I I T-W s I The City reserves the right to reject any and all bids and to waive any and all irregularities. By order of the City Council of the City of Denton, Texas. J JENNIFER K. WALTERS 1 City Secretary City of Denton, Texas. Said Notice shall be published once in The Bond Buyer, New York, New York, which is a national publication regularly and primarily carrying financial news and municipal bond sale noticest and said Notice also shall be published once in the "Denton Record-Chronicle", which has been designated as the official newspaper of the City of Denton. Said publications shall be made at least thirty days prior to the day set for receiving bids. I 1 Il i I i i I Ir 1 I I-IL L K IL i i I I L i I y k CITY of DENTON / 215 E, McKinney ! Denton, Texas 76201 MEMORANDUM DATE: September 14, 1989 TU: Lloyd Y. Harrell, City Manager FROM: Jim L. Bunyard, Treasurer SUBJECT: ULPUSITORY B11) CUNTRACf The current depository bid contract is expiring September 3U, 1981. Bid proposals were sent to all Uenton banks and to NCNB Texas, Dallas. We were pleased to receive tifree bids for the City operating funds. 'T'hese were NCNN, Uallas; Bank Une, Denton; and First State Bank of Denton. Based on the information received, our recommendation is to retain our operating account program with First State Bank of Denton. We also recommend that the City continue to maintain banking relationships with the following financial institutions: Bank Une, Denton; Bank Une, Dallas; First City Texas, Austin; Denton Federal Savings; North Texas Savings; } NCNB, Dallas; and NCNB, Fort Worth. ,i As you are aware, the financial community continues to work under extreme stress; therefore, we will continue to monitor each financial institution's progress as prudently necessary, insuring the safety of city funds. zoo"., im f., Bun ar JLB:af 48SSF 4 ! 2781L NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON DESIG- NATING DEPOSITORISSE R CITY30UNDS OR A TERM BEGINNING OCTOBER 9 AND ENDING 1 WHEREAS, the City of Denton has notified all the'banicing institutions within the City of its intent to receive bid ap- plications for the custody ending on city funds30or1991e and eginnin3 on September , October 1, 1989, a WHEREAS, the City of Denton hasrece n dtoibepdesignatedras ~ banking institutions within the City desirig roll accounts and the prime depository for both operations and pay standard banking services as requested in the proposal; WHEREAS, after such opening the City Council found, on thoE basis of the bid s submitted proposals, that p g favorableTterms hand conditions tto then City for the handling oof such funds; and WHEREAS, the City of Denton desires to maintain banking relations with the following institutions and to name those institutions as additional depositories for the City of Denton; N Texas North Savings sAssociation, Denton Bank One, Denton Bank One, Dallas NCNB Texas, Dallas NCNB Texas, Ft. Worth First City Bank, Austin; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTON : of h Section I. That r mar nking Denton, exas s ereby se- acts an accountas and banking , 300 depository for operations and payroll and ending September ba services beginning October 1, 1989, 1991. Section II. That the proposal of said institution having its o ce and place of business in the City of Denton, Texas shall be attached hereto and made a part hereof, and the ! same is hereby in all things accepted. I f Section iII, That North Texas Savings Association, Denton; V Denton Fe era avings Association, Denton; Bank One, Denton; 1 Bank One, Dallas; NCNB Texas, Dallas; NCNB Texas, Ft. Worth, and First City Bank, Austin are hereby designated as depositories for the City of Denton, in accordance with the terms of the applications submitted and on file in the office of the City Secretary and Treasurer. Section IV. That the following officials., Lloyd V. Harrell, City anager, Rick Svehla, Deputy City Manager, John F. McGrane, Executive Director of Finance, Monte Mercer, Controller, and Jim L. Bunyard, Treasurer, are hereby authorized to transact business with the above listed institutions regarding daily banking trans- actions or investments for the City of Denton. Section V. That this Ordinance shall be effective immedi- ately ro-F and-after its passage and approval by the City Council of the City of Denton. PASSED AND APPROVED-this the day of September, 1989. i RAY STEPHENS$ MAYOR ATTEST: ~ JENNIFER WALTERS9 CITY t KETM APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY J BY, 1 II 4 I ~ PAGE 2 i 4 J ( CITt CF :LP.Cti, TEXAS GFYICIAL APPLICATIOti FCPM Fropcsa1 for sty oepo3Ltory or D^p'a Ltc:ie3 3n7 baakLng services A9re-l-11. C L t y of Denton, ten a3 Gentlemen: Sib lest to the terms of the proposal fcr City depository and 93nking services agreement, the undersigned a bank Lng cotporation, as3ecLat. on or Individual bnn.er Acing business 'within the City of Denton, Texi3, submits the following bid for the prLVilege of nctin7 es City Depository for the City of Denton, Texas, for the two-year period beginning October 1, 1999 and ending September 10, 1991 in aaabrdance with the laws of Texas, the Charter, and vsrLoue ordinances of the City of Denton, Texas. r' I. Interest pates ea be PAIR on Single xatAt[tY Time Deooeiter ICertiticates of Deposit) The interest fate indicated is fixed for the term of the Certificate of Deposit and is mated to the Treasury Bill yield with the closest mat-ttity date to the CD maturity date as reported by the Wall Street Journal, an the i day of the CD purchase (See attached examplot October 15th yield 8.14 11.1 A. Deposits of 5100,000.00 at motet Is Maturity Interest Pate 7 -13 days_.Q_basis points above/below Tr•ssury Bill Yield 16. 30 days_ (Lbasto points above/below Teessury Bill Yield 31. 59 days 0 basis points ►oove/below Treasury Bill Yield ~ t 60- 19 days 0 basis points above/bs1ow Treasury Bill Yield 90.179 day$0 baa16 points above/below Treasury bill Yield 160-361 days 0 bash points above/belov Treasury Bill Yield AS days ---q -basks points above/below Treasury Bill Yield or mote ' 41n no event shall the Interest rate on single F~atutity time deposits of , s $100,000.00 of more be ]sae than Si_s during the term of depository and banking services agreement. 3. Dsposlts of Ives than 1100,000.00r habur interest Aate 1- 13 3 days 0 oasis points above/below Treasury 9111 Yield 14- 30 days 0 basis polnte above/below Treasury Bill Yield )1- $9 days 0 basis points above/below Treasury Dill Yield 60- 69 days 0 basis points above/below Treasury Bill Yield 90-179 days 0 basis points above/below Treasury Bill Yield 190-361 d3ye,_0 baaL1 points above/below Treasury Bill Yield 165 days P boais points aoovs/below Treasury Bill Yield cc Moto (Subject to existLng or future regulations) I 1 L J _y i '.n no event shall the Interest rate :n a ;irlLe ratrtlty tire depostty of iS lass than f140.000.00 to lass that _ 51__j dlring th•! term of the iePojltor( and banking services agreement. 2. Repurchase Agreements: The undersigned 18ankl agrees to cell those U.S. socucitles in which the City can legally invest its excess demand eeposlt balances to the City on or before 2:00 p.m. aach regular day of CLty'0 tisIno Ia to provide overnight and weekend Investments to the City through the use of 'Hepurcha:e Agreements,' and Simultaneously with the sale agrees to repurchase on or batOra 2:00 P.M. on the agreed upon date the same securities at the same price as sold with ' interest Calculated on the invested amount. Bank holidays filling Ott Friday ct Monday will be included in the weekend 'Papurchase Agreement' and the IAtare et coiculitlon for a weekend 'Repurchase Agt.'ement,0 including a hank holiday, will be on the invested amount. Interest earning resulting from each repurchase agreement shall be paid to the City on the day of maturity by providing deposit slips shoving each account and the amount of interest deposited to the account. The undersigned agrees to pay the City interest on each repurchase Agreement At the rate of not lase than A basis points above/below the Ttessiry Bill vleld as I reported by the Will Street Journal, in effect on the date that the etpurChaee agreement is axeeuted. The Ctty receives the fight to enter Into repurchase agreements for periods not exceeding to days. 2. Interest Rate on Bank Loans to CttYr Loans will be male to the City at the dlxed [ate of a" % per annum or at a variable rate of _basis points above/helow the bank's bate rate to pay current operating expenditures as may be required by ordinance with such loans 1 to be repaid out of the first current tax collectionse or to pay non-operating expenditures and/or puichade equipment of other expenditures as may be ragaired by ordinance with such loans to be repaid on a scheduled basis is agreed to by the City And by the Wk, (The City has not barrowed funds in 1 the past but relies on this As A contingency source of funds.) I 1. Interest on Demand Acoountar (NOW, Super-NCW of Money-Market Accounts) i The undersigned agrees to pay to the City a vaeiable interest [ate on minlmum demand account balances as outltnnd in the attached schedule In accordance with Current banking practice and cults. However, the undersigned agrees that the minlnwm rates on these accounts shall never to less than .}Le. e Not less ihAn 200 basis paints below 30 Say T Bill rate. 40 First State Bank bise rate y 9 X 5 For purposes or this Contract, an overdraft in any of the demand accounts i sh3 12 be defined 31 a deficit in one or more accounts which ek:ecds U,a talaacea in the other Demand accounts on a aggregate basis. The parties a;ree that no interest s.,all to paid the City on the account which r.ia toen a: or dra.n for th Feriod of the deficits however, So long as the a7 Jreyate total of all demand accounts are posit i r• no Lntersst shall be chirgei tha City on the indiv.d.aI account which is overdrawn. In the event of an aggregate deficit in the demind accounts the undersigned will charge FSB Base Ratl basis points abbveitwlow the banks current lending base rate. [ The city will have the right to invest funds in other finaneLal ihatitutions or securities permissible under state At. i 1f 5. Bank Servi cat To Be Provided: fee for service h 1 A. Provide complete investment aer vin including assistance in acyuir Lng Lnvest"rits securities, counseling, and asfekeening service for securities owned. ! None B. Provide bank money orders, travelers' checks and 14 cishier's checks as required by the City. ! None C. Supply voucher checks and payroll checks according f to quantity quaitrr, design and specifications established by the City. !Approximately 10,000 voucher checks per year and approximately 21,000 payroll checks per year.) ! At Bak'_ Coat 0. Supply deposit slips according to quantity, quality, dest9n, and specifications established by a the City. Deposited items[ 110,000 (checks). ! At Bank's Cast E. Provide night depository kiys and locking - deposito:y bags, as necceaaty, ! None E, Close ,11 insufficient funds checks twice before charging them to the applicable City bank account and returning them to the City, ! hone s G. Provide etc, payment slev[ns. ! None K. Provide wire tcanafet services foe both deposits and disbursements. it is unletatood that the city of Denton uses the wire transfer service as e means of accelerating various types of payments (such as TMPA payments, bond debt service and None security purchases). 1. Provide customary demand deposit account service and provide monthly bank statement on each account within five (B) working days of closing date. Statements ate to reflect tianeeetions beginning w;th the first uay of the month. Cancelled checks None ACO to be returned in numerical sequence. ! J. Provide daily collected balances and ledger None balances by telophnne upon request. ! a K r a. ProvId■ Immediate credit 0.1 the same day as x deposits occur (holidays and weekends excepted 1. S This includes same day credit on wLro transfer, of t' fends [ram the Federal and State Governments, and Fare day cc ad It ~a warrants Issued by the State Comptroller received prior to gtoo P,M,. 3 Clone L, Provide reIrittanoe service to various paying agents for required city principal and/or interest payments on bonds, a(Nonop otnet than charge loam the paying agent,) S None M. Muni tor City investment securities held by depository bank to provide same credit to the appropriate city cccount U) automatically upon matur It Les, and provide deposit slips of maturity dates. S None N. Provide list of all certificates of deposits held by the City on the last day of the month, S None 0. Provide foreign and domestic exchange servicas. '(None, other than ehacges from correspondent banks.) $ None P. Provide taro wrappers and accept bulk coins for deposits. S None 0. Provide safe deposit boxes to maintain storage for financial data retained on computer diskettes. (IOx10x)o inches - Maximum of two boxes). None 6. Depoetts Sscatiryc the undersigned shall furnish to the City pledged securities as provided by the laws of Texas (Article 1760, Devised Civil Statutes of Texas, as amended). securities pledged shall at all times have a market value of IRA 1 ) ec the total amount of the City's mon)es on deposit with 'he depository bank. it is further provided that no reduction or substitution of securities pledged shall be made without the prior approval of the city's Executive Director of I Finance, or Tr usurer, In writing. The. tank shall provide the City with 1{ report of securities pledged at tho and of tic.) month. This report should { reflect the following, Total pledge :rduritiea byc s Name Type/DesctiptLon Par Value Market Vale at Month Cod Maturity Date Safekeeping Bank The securities pledged shall be held In safekeeping by a separate and j different bank other than the depository bank and the safekeeping bank or banks will to listed at to the pledged securities held on behalf of the City. I r. •~~>r„r.•t Otnn a nF 7 I1 ~ g 1 . k , I. Satekerplnd.; The Jepcaitof1 shall keep safelY all n,nlra of the City and pay the aair, a over as ditect#d. 1he term 'nosey' as centsiced in this agreement ah.rll to constr'1ed to be all c]on, securities, investrants, trust funds, or ON/ other funds that inay Iswfvlly Comr into the deposito:y'e poaeessinn. Zhu City hereby expressly reserves the right to withdraw any amount of its funds that are deposited in the Depository Bank that are not requlrrd imnauiately to pay obligations for the purpose of inventing those funds in securities as apeclfiod undor state law. a. Other Stlpilationo: A. The successful bidder or bidders will notify the City in writing wlthlh ten I1V days of any changes in federal or State Ragwlstlons or laws that would thereafter accept the depository agreement. B. Notification of wire translate shall be made within one hour of the transaction and a duplicate copy furnished to the City within twenty-four (24) hours. C. Tho Bank's records relating to the City of Denton accounts shall be open to revlsw by eith,,r City staff or City appointed independent auditors. D. The proposing bank shall submit a copy of the last annual financial statements and eutsequent quarterly call reports along with in annual year end 'J-,iform Bank Performance Report. 9. Joint or partnership bids (other than members of the same holding ` company) will not be considered. ` II 10. The City reaetvu the r!ght to :eject any and all bids and to waive ` irregularities. 1 Funk El 5 fell I a TITLE President f AGRCED EaeCativo Director of finance I ri J I JL9:at 1771! j 9/27/89 1 I I I I I i w G i a it i 1 i 1 - i 1 DATE: 9112/89 • i CITY COUNCIL RE-RORT FORMAT 3• M. TO: Mayor and Members of the city council PROM: Lloyd Harrell, City Manager SUBJECT: Contract with ESRI Inc. for computer software and digitizing equipment for CIS system RECOMMB AT 0 : ~ The city enter into a contract to provide computer software and digitizing ~ equipment that would allow the city to start implementation of a CIS system. 1 I f Mme: 'this system will allow the various city departments to gather, retrieve and analyze information about every piece of property in the city. This is the first phase of ti-As project. i @d xC~GROUND: After a year and half of study by a task force comprised of various Departments' staff members this proposal was considered the best. PR M . DIPART99 OR GROV,08 At CTED: All departments within the City of Denton 1 1 YISCAL IMPACT: ~ $113,202 Respec ly aypmi. d: Lloyd arrell Prepared by: City Manager ► Appr edt i i Twl or low i l CITY of DENTON, TEXAS 215 E. McKlNivf Y / DENTON, TEXAS 76201 / TELEPHONE {817} 5668200 DATE: SEPT. 12, 1989 'r0; Lloyd V. Harrell, City Mcuiager FROM: Rick Svehla, Deput; City Mannger SUBJECT: CIS Recommendation After over a year of study, the CIS task force recommends that + the City of Denton accept the ESRI proposal for a CIS system. This proposal better meets the needs of the various departments than any other proposal studied. The CIS task force feels that this proposal reflects the lowest cost for a CIS system that the City will ever be able to obtain. The overall cost of this 4 proposal is approximately $400,000 lower than the closest qualified proposal. The first phase of this proposal will require funding of $113,202 to F.SRI Inc. for the major computer software and digitizing equipment. Additionally there is a funding need of $1539848.93 to replace the IBM 4361 Mainframe Computer with an IBM 4381 I Mainframe Computer to accommodate the CIS system, These first costs will be funded with utility bond funds. As other phases of this project come due we will be presenting them for Council approval. The total costs of the hardware and software will be approximately $916,400. The remainder of these hardware and ~--,1 software coats that the Council will see later this year will be funded by $5000000 of general fund C.O.s and the remainder of the $450,000 of utility bond funds. The entire CIS task force enthusiastically recommends the approval of this proposal. Rick Svehla Deputy City Maiager i I 1 I } s iL L A ..1 A7.. VEC 4:EI .P 1RA I Eli! ,(PIES PRIME T TRAL .,105 R::A70 iIEN CESCRIPTION AOR6STAYION .OFTKARS :3 PAC! iB.700 9.907 41.9., 1:.3E5 AFTER SECX 9CRKSTAT:(N CP6PATINO SYSIE9 :.421 2,IBB 2.900 :E:EFE) Wi iN:TIAL ER ECS IfS APPLICATION SOFTYARR 11 PIPE 4s"; WOW 3.600 C9AL if 0:C '.9';7 SCOTT 8 SC(TT 90.(00 I I NAIN31AN8 SOFTWARE I CRACLB IALC00 :987 EVA WE 13,906 PILE TRAYFPEI 797 FSRTRAK Y1 LIBRARY 6,619 k FCSTRAK UTILITIES i.'30 ODLN 7.439 PLUOIN9 UTILITIES 1290 I TOTAL SOPTKARE 52,151 11,488 1901930 21,96$ 91,737 7,500 0 F KRISTAT10 WWII CPO AND DISI 111097 31,093 64,300 54,500 INPUT 1 OOTPUT DIVIC 18 PLOTTU S PIN 1,500 DIOIT16IN0 TABU 81100 DIOI?18I90 Will 1,900 COLOR IARD COPY PIINTIt 131190 PILI S1I411 I NAIN PIOCtS801 PILI 111Yi1 98,999 SNA INTBIFACI (BOARD AND SOFT9AIRl 61000 ITII1111 CONNICTIOI 11 RAM ISO 610 ADDITIONAL DI81 Sf1I6Ot 11104 IAIKFIAIB UPORADI 107,600 114,500 TOTAL IAINARI 31,093 311091 160,149 65,150 141,350 0 114,500 I J f ~M a ~ OIS Prajsce Ceit Ca~perisaai 3IS PROJECT WITS Ill COSTS ADDTL ADDTL AODTL NOY 14I3 ASSOCIATED 4381 UPGRADE ESRI CCPIES F1113 COPIES NBUTIAL COPIES MATSU 'ONSULTING AND TRAINING DITA BASS DESIGN 10,400 0 TRAIRINO 1 SUPPORT 17,100 0 TOTAL CONSULTING 47,500 0 0 0 0 0 0 CNCOINO AND NAINTENANCB COSTS DATASA91 SOPTNARE 1,000 WY 80PTVARE 4 1,391 1,191 VORSSTATION SOPTWARR 5,470 11200 l,lfl 1,838 WAINFRA91 SOPIVAHS 11,800 111890 VORISTITION 1/0 BAADVAR 4 1,183 1,183 41501 4,909 2,811 96RVBSINAINPRAN6 BUW 11131 I,iOB i9 11914 1,981 TOTAL ON GOING COSTS 1 111 131001 1,483 39,134 71591 14,101 II,118 4 OWNING COSTS WOULD START IN FIRST TSAR NOT SICOND IRAN 0090110 COSTS POR 5 IRS 17,111 10,181 171,99i 31018i 70,931 0 11,980 TOTAL PRMCT COSTS 1211311 13,718 913,830 111,871 317,811 71100 110,180 VITH ! ADOITICNAL VISTA 218,321 101,131 513,830 134,991 317,129 71100 170,180 ORIGINAL PROPOSAL TOM 881,178 411,111 110930901 114,911 370,480 , WITS 4 ADDITIONAL VISTA 111,113 191,184 913,130 409,913 317,831 1,900 170,180 P901ABLE SOLUTION TOTAL 148,910 1,194,131 401,973 DIPPIRINCI 908,011 NON OIS 2BIATBO COLT 110,410 170,486 O11ND TOTAL 919,390 1,115,101 I 6Minutes of r> y 24, 1989 Page 2 d. Public Utilities Board Special called meeting of May 8, 1989 Frady made a motion to approve the Minutes as written. Second by Chew. All ayes, no nays, motion carried. 3, CONSIDER GEOGRAPHIC INFORMATION SYSTEM (GIS) 1lelson introduced this item explaining that all sides of the issue have been looked at. Over the past two years the City has had a task force with three representatives from the Utility Department among its members. He then invited Rick Svehla to speak to the Board, Svehla advised that an analysis was made of the user departments needs and it was found that much duplication of effort and recordkeeping was the rule within the city organization, especially in the areas of mapping and information management. The study also identified the needs of the users such as ability to share information, analysis capabilities, ability to talk work station to work station, etc. After the initial needs analysis, staff visited several systems, went for request for information, then sent request for proposals; the comparisons of the RFP gave a selection of three groups for final evaluation and staff reconmendation is ESRI. ESRI will connect all terminals with the main frame, allow for transmission of graphic data station-to-station, includes some PC capabilities. The data was reviewed for cost allocations and Svehla commended the expert assistance of utility Staff members Sam Fleming, Lee Allison and Don McLaughlin for their efforts during the research phase. Svehla gave staff recuii-iiddtiun of the purchase of the GIS system from [SRI at a price of $984,225 with Utility Department paying $527,393 (53%) and the General Fund paying $456,862 (47%) of the costs. Thompson asked if this system will take a long time to learn or if it is considered "user friendly". Svehla stated that it would take about four weeks for end users to learn, it is "user friendly" in that it is primarily menu driven. ESRI has included in the contract people grou annual Therei will~~ bersseven In a 1000 (7) slots fort our user attend this conference. annual ' conference at no cost to Denton. The ESRI system is currently in use in Austin, San Antonio, COG, New Brunfuls, etc. There is a conversion capability. Svehla advised there will eventually be a fifth workstation that will go to the Police Department. This won't be bought for a while, but four work stations and the PC license is the original configuration. The cost includes maintenance, software, hardware, printers, plotters and backup assistance. Nelson expressed appreciation to Svehla and the tesk force for a good Job on this protect. I Minutes of may 24, 1989 Page 3 Nelson further stated that upgrade of the mainframe would be required. We have been able to negotiate especially good terms to get a good system. Gary Collins advised the current system is maxed out and there is great need to add more power to the run the GIS system. After more general discussion, LaForte made a motion to recommend to the City Council purchase of the ESR1 GIS system, at the cost of $964,225 with the Utility Department paying $527,393 {53%) and the General Fund paying $456,862 (47%). Second by Chew. All ayes, no nays, motion carried. At this point, Jim Thune, Superintendent o" the Power Plant, and Paul Brietzman, Special Consultant on the Lone Star Gas Contract joined the meeting, 4. CONSIDER UTILITY DEPARTMENT MANAGEMENT STUDY AS PER CHARTER REQUIREMENTS i Nelson introduced this item and discussed the proposed Scope of Services. Laney felt it would be a good idea for the consultants to build on previous management studies, look at questions raised during those studies and see where the Utility is today with regard to those Issues. Nelson explained it will be a little difficult to get one consulting firm who is experienced in electric, water and wastewater, but it would be best if we could get one major contractor to direct the work on all and sub-contract out the separate departments to others. Nelson advised that the Board should review the preliminary findings and recommendations of the Consultant at least three (3) times prior to the finalization of the study to allow for comment and input. All policy issues that the study may reveal also need to come before the Board as they are identified. Frady said Nelson should be the liaison and provide information to the Board. Thompson agreed. Nelson continued to explain that the next step will be to look at the major Big 8 accounting firms and other contractors that do management studies. Staff will put an RFP together and send it out. Thompson and Laney both stated the RFP needs to go directly to the contractors, review by the Board of the RFP is unnecessary. Nelson stated that, additionally, he would like to recommend a task j force to make the final selection of the major contractor consisting of a Board member, Lloyd Harrell, a City Council member and staff to review all RFPs submitted; the final three identified by the task force will be submitted to the Board for final selection. The Board gave common consent as follows: I k NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF SOFTWARE AND SERVICES FROM ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.? PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated l competitive sealed proposals for the purchase of necessary software, materials and services in accordance with the procedures of state law and City ordinancesi and WHEREAS, the City Manager has reviewed and recommended that the proposal of Environmental Systems Research Institute is the 'i lowest responsible proposal for the software, materials and services as shown in the "Bid Proposals" submitted therefor? and WHEREAS, the City Council has provided in the City Budget or 1 j the appropriation of funds to be used for the purchase of the equipment and services approved and accepted herein? NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the proposal of Environmental Systems Research Institute is hereby accepted ant approved as being t'..e lowest responsible proposal for the i•:ems set forth in the proposal. SECTION Ii._ That the City Manager is hereby authorized to execute a contract with Environmental Systems Research Institute for the purchase and installation of the software in the proposal referenced above, a copy of which is attached hereto and incorporated by reference herein. SECTION IiI. That by the acceptance and approval of the above proposal, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the written contract made pursuant thereto. 1 SECTION IV That this ordinance shall become effective j immediately upon its passage and approval. I J 1 i 6 i r F i PASSED AND APPROVED this the day of . 1989 RAY STEPHENS, MAYOR ATTEST: ~ JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS , DEBRA A. DRAYOVITCH, CITY ATTORNEY ai BY: f 9/15/89 i k 1 i t l 1 s 09/ 14 /89 15! 14 0714 793 5953 ESR I Z002/032 CfPo L"FWM"W eyvbma Aftwrah Inbouil. Ira SOFTWARE LICENSE AND HARDWARE ACREEMENT Contract No. S9441 THIS AGREEMENT is the expression of covenants between City of Denton 215 E. McKinney Denton, Texas 76201 hereinafter referred to as the Client and Licensee, and ( Environmental Systems Research institute, Inc. 360 New York Street Redlands, California 92373 USA TEL 714.793.2933 FAX 714.793.5933 TWX 910 332 1317 hereinafter referred to as the Contractor. 1 {i WHEREAS, the Contractor represents that It has title and/or right to license certain geographic Information system software as listed in Appendix A of this A w nett and to sell certain computer hardware as listed in Appendix B of this Agreement; and hardwiRd AS, the Client wishes to obtain a license for Bald software and to purchase said WHEREAS, the Contractor represents that it has the expertise to install said software and to train the Client's personnel In Its use and that it can deliver to the Client said hardware; and WHEREAS, Toth the Client and the Contractor declare their intent to enter into an A I gsvemont for licensing of said software and purchase of said hardware, as negotiated between the parties, NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, the p3rdes do hereby agree as follows: ESRI is the company name and trademark of Environmental Systems Research Institute, Inc. I ! A•S9441/I1) (Rev. 1) -1. 9114189 1 I t 4 09/14/89 15!15 0714 793 5953 ESRI 2003/032 k iiAJ afY,kCnmMl~ at..mt R~waran 1MIIhiI~, 1n0, ARTICLE 1 • SCOPE OF WORK The Contractor ai an independent contractor and not as an agent of the Client shall in conformance with the schedule and such other provisions as are more pardcularly set forth herein and other mutually agreed to amendments pprrovide the necessary equipment, software, personnel, material, and facilities (except as specUSed herein to be furnished by the Client) and do All things necessity and/or incidental to the accomplishment of the effort as set forth herein. ARTICLE 2 • PERIOD OF PERFORMANCE Contractor shall commence work after execution of this Agreement and complete the work as specified herein. Contactor shall generally adhere to the following schedule, { 1 CONYRACMD PERIOD I TASK FOR COMPLETION- I Execution of Agreement TASK 1 • Install EgUpment Within 90 days (if possible f vendor dependent) k TASK 2 • Install Software Within 120 days k TASK 3 • Software Training Within ISO days t { ARTICLE 3 • STATEMENT OF TASKS The Contractor shall perform three basic Laski is pan of this effort, The tasks are; 1. Install and test all hardware Usted In Appendix B it the Clients office and guide the CUenes systems administrator in the use and operation of the hardware, 2. Install software Usted in Appendix A. 3, Familiarize users In use of Contrutor•supplied software, 4. WIU act as System Coordinator with CEAL, Tektronix, Scott tit Scott, and Miner de Miner. f Each task it separately discussed below in association with the ,rigor sibilldee of the Contractor and Client and the deliverables to be provided. TASK I • Installation of Equipment The Contractor shall install all equipment presented in Appendix B In the CUams designated office within 90 days (it possible) of execution of this Agreement. installation dates may be changed by mutual consent of the Contractor and the Client, This installsdon shall include the 9114/89 A•S9441/P (Rev, l) •2• I a 09/14/89 15-16 0714 793 5953 ESRI 2004/032 4 FiM ~nvkonn+wn~ arr~m~ PAMreh InutiWtF,lnc. successful interfacing and testing of equipment according to standard procedura associated with each manufactured Item of the system. The unpacking and placement of equipment shall be the joint responsibility of the equipment vendor and Client, with ESRI providing coordinative support. Durinj the instailadon period, the Contractor shall coordinate with and guide the Client's system administrator on the installation and administradon of the new hardware system as it relates to the operation of AROTM end related ESRI software. As the two pardes work 1o ther on systems installation tasks, thesystems administrator will be guided through key procedures needed to Install and administer ARCAM and related software on the equipment The following will be covered: • Starting up the system and individual devices and shutting them down in an orderly fashion • Checking disk apace availability, obtaining files and directory listings, setting up ueounts and peimissioffaccess rights, and creating work spaces for the software • L.-Ading and/or ratordrtg files on tape • Modif*S user tine Lid termliul settings when necessary Dellverabla • H"dwara System u specified in AppendixH • Interfaced Hardware • Performance (acceptance) Tats Responsibilities a, The Client shall designate a person to act as system administrator who will learn the procedures for system installation, operation, maintenance coordination, and problem identification. b. The Client shall, at its ow,t expense, prepare the de4ignited site in accordance with specific Lions and commu %lcadons with a member of the Contractor's staff. These prepmdons shall Include Insalladon of appropriate electrical wiristg, air coMidoning, heating, humidity control, lighting, and space for budwaro components. c. The Contractor shall coordinate the shipping. Insurance, and dellvety of the various hardwire components, including comanunication with the Client regarding appropriate logistics. d. The Client shall 'unsure the equipment against all loss or damagges that may occur after i delivery, provided said loss or damage does not result from Contrutces negligence or I intentional acts. 1 I e. The Contractor shall provide an on-site specialist to intafm the various hardwue components, coordinate with the hardware vendor representatives in performing the 9/14/89 J' A•594411I1? (Rev, 1) I ti 09/14-89 15 16 0714 793 5953 ESN 005032 " flRr E„rronmMtM 1yNm~ k1~tIV4. k10, various acceptance testing of each equipment component, and familiarize the users in use of the hardware. 1 Acceptance of Equipment Equipment shall be &mepted by the Client when the Conn= and Client sha11 jointly verify, J In wntin , that the equiptr►ent s installed and operating In accordance wilt the truanufactur9d published speciftcadons. TASK 2 • install Software 1 '9'he Contractor shall successfully install and test (on Contractor delivered hardware) all rJ software outlined in Appendix A of this Agreement. The Contractor is responsible for interfacing of hardware only If such items are identified in the current ESR1 supporting documentation. l ~ who will be Contractor technical personnel will work fhw aro with su~iasuuiled. familiarized with maintaining and supporting tllo sa Yste I Contractor shall deliver and Install a training data base with the software which can be used to ensure that the programs are fully operational. Deliverables Contractor software installed and tested on the computer system specified in Appendix S. Ouldanco of Client technical personnel in installadon and matntenanco of software N i ' One set of system documentation Responsibilities comp insstts1 aClient will don datewill not be finalired unta PSRI ha reviewed viewed the profile. The b. Contractor will supply all materials for installation scdvides. e. The Client shill provide technical staff, u needed, includinS the client system administrator, to work with Contractor's staff, install software, and team basic maintenance and ttuanagement procedures for software (a roximateiy 24 hours time during the period of hardware and software Installation). If software is to be installed on or interfaced to client equlpment not famished by ESRI, Client technical staff shall E participate In the software {sutalladon and shall provide USIAW ce in interfadn onnct or. supplied software with Client's computer opesxdn`` System and client's I peripheral devices. Client technical staff shall be svellable during tnin1n6 to assist with i operating system sdjustmenu, Wnor bug fixes, etc. Client shall provide system administrator level access to Contractor on its computer system and provide requested user accounts required for software installation. I i 9/l4Jt;9 ' A-S9441/11? (Rev. 1) -4' 1 Ir low i. r a m 09/14/89 15+17 18714 793 5953 ESRI 2008/032 reH~ tno4em+.mr aywT. a..wh krutua, k+o. Acceptance of Software Software shall be accepted by the Client when Contractor and Client )j*dy sun sample test job runs and jo?ntly agree in writing that the modules are operational according to the specifications listed In Appendix A, page 14. TASK 3 • Train Software Users The Contractor shall train users in the operation of the software programs installed is part of Task 2. The training pr cm wlll be conducted at the offices of the Client or another mutually agreed M convenient location. 7Tu Client shall select no more than ten of its staff for tttainirig, The Contractor shall present a general overview of each program and have each student use each program to solve a problem from a previously distributed problem set. The courses themselves j will extend over a period of 10 class days. Deliverables Users trained in use of ESRI software j v 3 sets of user manuals 6 10 sets of course materials Responsibilities a. The Conwictor shall provide all training materiels and a trainer for conducting the I courses. I i I b. Far training a. Client facilities, the Client shall provide a cIaasroot~~n eeqquipped with large tables coma &W)le to drafting tables, chalkboard, movable seats, tettstinals, and computer time adequate to vaious student jobs. Students should be able to leave their materials in the classroom after the days training. Additional sets of systems documentation, course materials, and user mmusls are available at eumnt list paces, I ARTICLE 4 - COMPENSATION The Client agrees to compensate the Contractor as follows for the complete system outlined In this Agreement: I ! A.S944IAp (Rev. 1) •S• 9114/89 r 09/14/89 15 18 0714 793 5953 ESRI 2007/032 4 • t,LMI iPrYOi'mMtY a,neme Rer+roh IMItu10, he AMO a. ESRI and Related Software Licenses (1) 519004 b. Hardware and System Software (1) 50,308 c. Shipping 840 d. Software installation 3,000 e. Hardware Installation 866 f. ARO M Training On Site _ 15 DM Subtotal $261,3 Disoount TOTAL $113,202 The schedule for remitting this compensation to Contractor is presented below: f~YEIYT AMQ1= Upon Execution $13,282 of this Agreement Delivery of Ilardware, 15,282 t Installation of Hardware 32,376 installation of Software 32,376 Upon Completion of ARC41NFO 17.8$6 User Training TOTAL $113,202 The Contractor will Invoice the above identified events. The Client agrees to pay all Contractor Invoices within 13 days of receipt The Client's address end contact person for receipt of Invoices Is designated in Appendix B. ARTICLE S • HARDWARE WARRANTY AND MAINTENANCE Contractor warrants fee 60 days from date of installation each of the hardware components furnished under this Contract to be free from def u in mawdal and workmanship. Contractor's liability under this warranty is limited to servicinS or adjusting Any component rearmed by the Client to the factory for that purpose and to replace any defer ve parts ib fit) Appendix A Us ronrw iume. l=) Appmdlx 8 lieu hW%vue itmu. A•S9441/IP (Rev. 1) •6• 9114189 U9~14~89 ]5'18 1&714 793 5953 ESRI (Z 008/032 rl+~! anrlrerwnNtlV 9ywm~llnMrd, Irgi4u4, k,oThe Contractor shall develop with the Client's technical representative the Client-managed maintenance agreements with each hardware mantifactura for ongoing maintenance support at site. ARTICLE 6 • SOFTWARE MAINTENANCE AND UPDATE SERVICE FOR INITIAL 12-MONTH PERIOD The Contactor will support/maintain the software for it plod of 12 months following Installation. Software support and n aintenanoe will apply only to unrrtodlfied Software and to modifications incorporated and distributed b ESRI in updated versions of the software. Standard - software updates provide only for standard devices supported by the Contractor. The Client Is responsible for rnaldng or arraegin for updates to interfaces for nonstandard devices. This maintenance and support; will Inclu~ the following. 1, Correction of nulfuncdons caused by incorrw coding or programming, 2, Correction of functions which fail to perform m specified in supporting documentation. The Contractor also a f groea oo de program corrections for any system eirers reported and f determined to be in the sysmm, the umentat of n, or in any published operational procedures in the most expedidous manner possible and at no coat to the user for period of 12 months followinS (nsnlladon. In order to facilitate the orderly handling of problems which occur in the software, the following proeedwu will occur; 1. The Client will document any problem which occurs In the software with respect to the specific data file on which it occurs. 2. The Client will attempt to replicate the problem using other wit data. 3. The above mentioned documentation and testing will be forwarded to the Contractor's office for debugging of entire in a timely manner, 4. The Contactor will correct the problem and return the corrections to tho Client in a clearly documented form. assist Duriinbguthe period of maintenance and update service, the Contractor shall be available to aging or omwerin tiger questions re udlnp software operation by telephone consultation on weekdays between the hour of 9; A.M. and 4;00 P.M. Pacific Time, The ' Client's 01S Consultant or System Administrator designated in Amndix E shall mail or } telephone problems or questions to the ESRI User~Coordinator, 380 New York Street, Redlands, California, 92373, Telephone (714) 793.2833. In addition, the Contractor will deliver to the Client all updates to the software which are distributed within 12 months following Installation. These updates "I be sent to the Cllent'tl System Administrator dedgmted in Appendix E. i A•S9441/1P (Rev. 1) •7• 9/14/89 ~J 09/1489 15-19 x714 793 5953 ESRI ®pO9/p32 ' /.1R1 41.IeMMMId a,hIMN MNYaH INIMY4, InO. ARTICLE 7 - SOFTWARE MAINTENANCE AND UPDATE SERVICE AFTER INITIAL 12-MONTH PERIOD The Contractor agrees to provide and the Client agrees to Accept the above maintenance and update service beyond the 12 months for an annual fee, The current annual maintenance and update service fee is listed in Appendix A, ARTICLES • SOFTWARE LICENSE, USE, AND TRANSFER RIGHTS The Contractor grants the Client the nonexclusive, nontransfembie license to use the software listed in Appendix A as delivered at the tune of installation and updated by subsequent Contractor software releases. Each software license granted underr this Agreement auilroriaea the Client to use the licensed software package in any machine-readable form on a single central processing unit (CPU) designawl by type and serial number as designated in Appendix B. A separate license or amendment to this A t Is required for each CPU on which the licensed software package will be used, PROVIDED that the license granted under this Apeemene for the designated CPU may be temporarily transferred to one bac n1 rp CPU while the designated CPU Is Inoperative due to a malfunction. I The license for the IOL package is granted accordin to the additional provisions and restrictions set forth in Appendix D, to which Client hereby agrees, i Upgrade of CPU The Client may redesignate the CPU on which a licensed software package is used by writin ee~ssto the padon nmay be due if thejredoslgnated(CPU apaciity Is largerththat of thand e by poriginallygdees SR J CPU. Addillonal CPUs If ESRI software is used on a processing unit in addition to the designated CPU, then the Client shall pay to the Comm an addition license fee. The fets for addidonal installations of ARC, INFO and Tektronix 10L software shall be In accordance with the discountppoolicies then in effect. The Contractor agrees to provide professional services fror instanin , tnovfrng, relnstallin , and/or training In use of said software within new or relocated Client sites for costs not to exceed standard Contractor labor rites, travel, and per diem. t ARTICLE 9 - STATEMENT OF PROPRIETARY INTEREST The Client agues that all software licensed by way of this Agreement and 4 Contramor documonudon ate prWetvy to the Contntctor and are &A shall mnain at all times the property of f the Contractor. The Client shall be responsible to ensure that its employees do not disclose any proprietary Wornution or material to any unauthorized Individual, insutudon, company, or government agency or In any way t usfer this software or any hybrids of the same without written raduien of south pe edaod Contrnotor personnel. The restrictions shall include: sofnvan+, file A•S9441AP (Rev. 1) -8- 9/14/89 I I t 7 09/14/89 15.20 V714 793 5953 ESR1 ~ 010 032 fN~ in+rkor+mMM~ Irtan~ IVNIrd~ ImVIuM. fix. structures, documentation, algorithms, related software concepts, software program corrections, and updates. The Client agrees that copies of all licensed software received from the Contractor or made by Client for any purpose authorized by the Agreement ere and shall remain at all times the property of Contractor. The Client agrees that its obligations of confidentiality described heretofore in this article are binding in perpetuity and as such survive the tam of this Agrament. I ARTICLE 10 - TERM AND TERMINATION This Agreement is effocdve from the date of execudon of this Agreement b Contractor, This Agreement and any license granted henundee ma be terndrsated by Contractor if Client fails t4 ly with any of the term: and conditions herein The license granted herein with regard to each lic coPW a ated equi;,,runt or until Client's faUure to comply with arty of the terms and conditions of thb Agreement Within thirty (30) days after Client has discondnued use of any licensed software or within five (S) days after Contractor hai terminated this Agreement by reason of Client's failure to comply with any of the terms of this Agreement. Client shall destroy all copies in whole or in part, In any form, Including partial copies and modifications, of the discontinued or terminated licensed pprogram a programs (except that, upon or written approval of Contractor, such appraval not to be unreaaoaably withheld, Client :yn~ a oofor archive 'T' ony), and mpneunt In wnnp to Conactose atepa e been fallenllst the same period, Client shall return adoctation, manuals. and rning the dlseonBin or temtlnated licensed program or programs to Con, ARTICLE 11 - TIME-SHARING Licensed software shall not be udHzed by Client on behalf of any other person or orpnlution (for example, In a time-sharing type of operation) without the specific written consent of Contractor. This clause is limited to the prohibition of the use of the licensed prograut for commercial time-sharing by other persons or organindons. ARTICLE 12 - EXPORT Licensee acknowledges tut the software and other technical data licensed under this Agreemeet are subject to export controls imposed on Licensor, Contractor, and Licensee under the Sawa and rexufadons of the United States, 'EUs technical data it fa use only at the authorized deadrudon ansed by this Agreaneat Uansee will not{t a donor transshipment In t vbiadon of the export laws and re ladons of the United Sutter, Licensee agrees to indemnity :red hold Licensor and Contractor harntless hnm any aced ail cosu, dame es, Mes, or other E ' expenses incurred by diem by reason of Licensee's violation of this pro~sion. 'I A-S944M (Rev, 1) -9- 9/14/89 1 09/14/89 15.20 12714 793 5953 ESRI 2011/032 (m e"WMV►N $yawns Ilnwrch INN utf, h0. ARTICLE 13 • SUPPLY OF CONVERTED, EXTENDED, AND NEW RELATED SOFTWARE If requested, the Client a to provide Contractor with a Copy of convected, revised, andlor new G1S software developed in conjunction with Contractor-provided software operating on the Client's hardware u well as copies of any documentation relevant to such software. The expenses Incurred It conducting such transfer shall be charged to the Contractor on a reimbursable basis. In the case where the Client provides Contractor with sofrwan resulting from conversion, revision, extension, or Pew creation, said software shall be available without cost or with notrdnal ccst to other 0 1S sofrwam users upon request. ARTICLE 14 • ADDITIONAL GEOGRAPHIC INFORMATION j SYSTEM HARDWARE It is agreed that in the event that the Client desires system upgrades or an addidonal hardware ' system, that the Contractor shall.h;ve the right to submit a proposal for this. ARTICLE iS • ONGOING SERVICES The Contractor shall provide the Client with on-caA support services, with scheduling to be agreed upon by both parties, In the following areas: a. Contrattdigitizin andptucasing b. Use of electrostatic plotting c. Programming and systems oonsulting The cost of ongoing services will be in accordance with the Contractor's most current rate schedule at the time the services are performed. ARTICLE 16 , CONTRACT ADMINISTRATION The Client's Contract Administrator hereunder is designated in Appendix E. The Contractor's Contrast Administrator hereunder is S1, Camaran, Jr. 1 ARTICLE 17 • TECHNICAL REPRESENTATIVE i The Client's Technical Representative who will participate during system installation, be available as system administrator during ninirtg, and who will be the primary technical contact with the Contractor for usa support and software updates under this Agreement is designated in Appendix E. The Contractor's Technical Representative under thls A;reetaent is Steve Piscueila. now A•S94119P (Rev. 1) • 10- 9114/89 i' -r 09.'14 89 15-21 0714 793 5953 ESRI 2012/032 The Technical Representatives shall represent the Contract Administrator in the technical phases of the work; however, the Technical Representadves shall not be authorized to change any of the temu and conditions of this AVvement. Such changes, if any, shall be made only by the Contract Administrator or by his authorized representative by a properly executed modification to this Agreement. ARTICLE 18 • ACCEPTANCE OF WORK Acceptance of all reports and services shall be trade by the Client's Contract Administrator, ARTICLE 19 a EXTENSION AND MODIFICATION Additional speeiAcadons consistent with the temv and conditions of this Agreement proposalti not to detalls of time, task breakdown, or other maters related to accomplishment the spewed in this Agreement, may be added to this Agreement through agreement by both pants by a property executed modification. ARTICLE 20 • ASSIGNMENT Client shill not be entitled to assign its dots hereunder, or any of them, without the prior written consent of Contractor. ARTICLE 21 • TAX APPLICABILITY The Contractor has included within the contracted price only such uses tax as is shown in Article 4 and is bound by the laws, rules, and reguladons of the rlata taxing agency regarding such matter. Any islet tax not shown In Article 4 w! Wcomes due shall be paid by the Client If Phe Client agency is exempt from certain taxes, the Client shall famish to the Contractor evidence of its exemptions from my Federal, State, of local taxes, Such cerdficues shall be furnished to the Contractor upon execution of this Agreement. ARTICLE 22 • LIMITS OF LIABILITY The Cont aloe shall not be 11611. to die Client for $pocial, Incidental, or consequential even If Contractor has been by the Client the "the equi Abil of such licensed mss, or licensed materiels, I 'I ARTICLE 23 • APPLICABLE LAWS The laws of the State of Texas and rules and regultdons issued pursuant thereto shall be respectt to the UM software package the provisions ~of the this relating to proprietuy lights A•S94411IP (Rev. 1) •11• 9114189 y y,n i- 09/14/89 15,22 0714 793 5953 ESRi 1Z 013/032 ' bwv"ON@l ey mma pmwon Inck", ono, of the. ContmtO Md with thee Uws of the Con=weer alth of of u United S es oAmeriCmi.ei in uccordanc IN WM''ESS WHEREOF, the Parties hereto have executed this Aareetunt on the first day tbove written. ENVIRONMENTAL SYSTEMS CITY OF DEN'I'ON RESEARCH INSTrMTE, INC, "CONTRACTOR" By By Date Dan f E A•S9441J<p (Rev. 1) •12• 4114189 '1 or low g S t t F .1944/89 15!22 17714 793 5953 ESRI 2014/032 F~ [m4nvnwr~ Qyrrn~ p ,y, tuft., Mt0 I APPENDIX A SOFTWARE TO BE INSTALLED UNDER INMAL CONTRACT ARC ESRI INFO HENCO IOL TEKTRONIX 1 Current A nnual Software License Fee Fee for ware Support C,,., and First Yea's Malnimance SLLR O[! Aw U afe-gmyfce IMuld•UserARODM $124,000 ,600 j with fat, 513 I Sin``1e-UWARC/II~IFO E8,000 With [OL Workstation License $3,000 Primary 4 Sin le•UserARC/IIQFO 39,600 ® 59,900 each 1,200 euh, Secondary with ~OL Workstuioa Licenses I I PC Stater Kit 2,500 1,000 I I PC OVERLAY 2,000 I PCARCEDrr 1,000 1 PC NETWORK 2,000 250 I PC INFO 1,200 1 PC ORM CONVERSION 1,000 NOTE. The software licensed under 6;1 aFcement Includes oniy those sonwue pgck&tgs above, The system Pro suttuttaries listed on the followlnt paSes may y Hit list systems whit Am not licensed under this aFeement. now A•S9441/7 (Rev. 1) •1?• 91141 89 09/14/89 15-23 V714 793 5953 ESRI Z 015/032 EJRf bomemomw systems r+w"wrchtruruu, 1% APPENDIX A. Continued ARC SYSTEM PROGRAM SUMMARIES Edit Coverage - Create and modify a coverage by Ngid&S features, deleting features, and modifying features. This is an interactive graphics program which is used for all manual digitizing and editing. Display Coverage - Oenerste a thematic map of a coverage. Capabilities include point, line, and polygon a bollsm, centroid labeling, and dropline functions, In addition, various types of errors can be detected and flagged on the display. Label Coverage - This process analyzes the coverage geometry as dl itized with the editor. It detects and assigns unique identiflers to all polygons in the coverage. 'ne process also generates an error report and plot showing possible polygon errors, such as more than one centroid per polygon, Transform Coverage -App ly a map projection or coordinate transformation to a coverage. j Perform standard map projections and inverse wasp projections. Generalize Coverages - Generalize line detail in a coverage, Overlay Coverages - Combine two coverages to create a third composite coverage, Perform Boolean AND, 0Rt NOT to select resulting polygons. Determine attribute Nos for overlay coverage from input attributes. DfsWve Coverage - Aggregate polygons for a coverage on the basis of polygon attribute to create a new coverage. or example, aggregate cmndes to states. Merge Coverages - Combine adjotrdrtg coverages to form a larger composite coverage, Filter Coverage - Select features from a coverage on the basis of attribute codes (e.g., from land use coverage create urban coverage by selecting urban codes). Buffer Coverage - Create buffer zone polygons at various specified diaancea around ARC ' features and create appropriate attributes. Coverage Management - Create, delete, copy, and rename coverages and the associated attribute files, Non•Digltized Coverage Creation - Interactively input coordinates and attributes to create coverages. A-S9441/I1) (Rev. 1) - -14- 9114/89 09/14/89 15+23 0714 793 5953 £SRI a018r032 y drlr aftw m«+w OVOOMO Ilwwh IWNW 4+a. APPENDIX A, Continued ARC SYSTF,M PROGRAM SUMMARIES (Continued) Process Survey Traverser • Interactively Input, modify, combine, and list survey traverses, Ls addition, traverses may be converted to coverages and vista vase. f f IGL SYSTEM SUMMARY IGL • Provides 110 device drivers and primary command set of Sraphlc calls for use with graphic CRTs and cau,in hud copy devices. it 1 A•5944W (Rev. 1) • 13• 9/14/89 i' } G A V 09i19i89 15.24 44719 783 5953 ESRI Z017i032 Ism arw4"Val "6M 1 ft"60Ilil11uls, 1k. APPENDIX A, Condnued INFO PROGRAM SUMMARIES Donne Attributes - Identify the attributes to be associatod with each featum. r Attribute Entry - Key entry procedure (form fill-out style) for attribute file. Code verification done on wry. i List Attributes - Generate lisdng of feature attributes. ' Update Attributes - Replace selected featwe attributes with correct values. Retale Attributes - Associate information with a data file on the basis of a code. For examples given an attribute file with terrain unit number as one field and a file of twain unit codes by tensin unit number, the terrain units could be inserted in the attribute file, r Calculate Attribute - Determine a new feature code by a combination of existing feature codes, II The Relate function (described above) is also useful in this context. This is used fa numeric modeling. Aggregrte Attribute - Perform thematic aggregadon of coverage atuibutes (e.g., county t population to state population). Attribute counterpan of dissolve, Dlu ggregate Attribute - Perform themadc disaggregadon of coverage attributes (e.g., two popuiia__don to county population). Select Attribute - Select speciAc words from an amibuio file on the basis of feature attributes. j Attribute counterpart of Ale. Report Attributes • Generate statistical reporu of polygon attributes. Extensive capability for report formatting, subtotals, etc. i f I ' s I t A•S9441/IP (Rev, l) •16• 9114/89 t 1 I I x a« A 09/14/89 15!25 0714 793 5953 ESRI 2018/03,2 iW GMenmwy~ q~~nt AMw'd+IrofMM, N0. APPENDIX B SOFTWARE WILL BE INSTALLED ON THE FOLLOWING HARDWARE f CPU Model Mm VM Serial No. E ~ I i Muld•Uur CPU Modal MR RT 125 Serial No. Sinile•Uter orksUdon (Primary site)' No. CPU Model 1111d RT 123' serial Sirloe•User o station CPU Modet m!u EiT 12S _ _ Serial No-. Single-User Wor6mdon Serial No. JIM RX 124 i CPU Mode Single•Usar o tation } Side User~3 Serial No. I IBM AT PC compatible or PS-2 machine softwam to be insWW by Client in aocordarlca with Conu*cwes PC Support Polley. I .17. 9/14/84 1 A•39441/lP (Rev, i) F low t} 09/14,,89 15!25 '0714 793 5953 ESR1 2019/032 EiP1 EnNonm~MN l~wrn~ ArNrih fM11Nt~, 1f+0APPENDIX B, Continued HARDWARE TO BE INSTALLED Unit Qgandtx Um Mo 1' Description UW" C=L 2 CAOS 91480 CalComp 38" x 48" non- $14,324 $590 backlit surface with RS-232 , dual port, dual port cable, 16-button cursor, 2 AMP power supply, high accuracy and power bate (@ $7,162 each) 2 C904 10440T G1Comp 8 pen plotter, 2300 dual mode, vacuum column, A•6 size S 11,900 each) 2 CA11 25100.2 CalComp 12" x 18" 3,100 j tablet with male DB 25 connector, 16•button cursor $1,660 each) ' 1 4693ROB Tektronix color 6,400 printer 1Z video adapter 21000 1 SO Installation 276 1 S I 1•year hardware service _¢fl4 Hardware Subtotal: $50,308 $866 j Discount: rg.412► ii TOTAL: $4~ty896 SLU I A•S9441/iP (Rev. 1) • l8• 9114/39 I ~ k I I . ~a 09/14/89 15! 26 1*714 793 6953 ESR I Z020/032 I. I 3~ FSII+ NvlrotvnMn~ 6ytlrm NMtlON ImtAN~ Inc. APPENDIX B, Continued J Other supported peripheral devices to be interfaced: I I . Within 1S months of System insadLtion, the Client will obtain an electrostatic plotter, Both ,a ardes agree that the plotter must be in accordance with the then current ESRI Support Policy in order to be a supported peripheral device under the terms and conditions of this Agreement. 2 ARYL NFO orbyyct~h~e ARd1GB1FB0 sTGRAF terminal oftware so long as the conA rattion iii in be supported wiith the then current PC Apr,( O Technical Oulda to Hardware options. I ~ 1 j I { I i { +I ` l i 1 E I A•594411Ap (Rev. 1) •1p• 9/14/89 1 I s {{{''Y E y1I 03/14/89 15+26 0714 793 6953 ESRI ®021/032 t amra ^"Gi sy,Mml P~wrd I gi,uN, Me APPENDIX C HARDWARE AND SOFTWARE OPTIONS a The following software and hardware options shalt be available at the prices stated below for period of one (1) year from the date of execution of this Agreement by Contrivtor, 1. Hardware i Hudware Cost • IBM RT Workstation Configuration(l) •11 620m 620 MB 8 MB Mernor). 1/,V T 19" 1 apex•1024 Color Display 54708 RT• 123 620 MB 8 MB Memory 1/4" Tape 19" ld x 1024 Color Display $4281$ j Peripherals; Color Plotter 16186-001(Optional) 1 TOTAL, $93,716 (I)Shlpping and installation na included. 11. Software Unit J 1'~d>m A. Workstation 1 at copy of TIN, NETWORK $3,000 each and C000 software licenses 2nd throw 4th copies of TIN, NETWORK, $1,650 each and COGO software licenses Current primary maintenance $500 each Current seoordary maintenance $200 each B. Mlnkxjmputa TIN, NETWORK, and C0a0 121,000 each software ]licenses Current primary maintenance $1,100 each J A•S944l/1P (Rev. 1) •20• __--9/14169 I 09/14/89 15-27 IM714 793 5953 ESRI IZO22/032 lLU em"WO MN $owns pauao IMtluN. ft APPENDIX C, Continued 11, Software Unit + (continued) aim I C. Daubase des f and primary user interface. $30,000 Scow of Wank to be negodated prior to beginning services, I~ D, CLooM//Systeau incorporated---CEAL softwam. $18,000 Se 6( WA to E beginning be negotiated prior to f service • 1 I I I 1 9/14/89 A•S944l/iP(Rev, 1) •21• I a r i, t t. 09/14/89 15:27 V714 793 5953 E$RI 2023/032 Fsrar invNOrvnrYy 9ywru awur~ M~1hN~, Fa. APPENDIX C, Continued ARC/INFO NE'T'WORK SYSTEM SUMMARY I. Gineral System is capable of creadn analXsis and displays of a topologically correct network consisting of links and nodes commonly found in transportation networks. 2. Data Base Characterlatics a) Utilizes standard topological network of links and nodes Including U.S. Census DIME Files. b) Operates on file containing attributes of street names, addresses, and related attributes. c) Integrates with both cartographic software as well as tabular data management software, 3. Data Entry a) Allows for creation of topological network (using cartographic system). b) Allows for automatic verification that network is complete and correct. 64 c) Allows for interactive editing and update of network (using cartographic system). d) Allows for interlace with U.S. Census DIME Files, 4. Network Manipulation a) Selection of sub-networks from overall network-based on link attributes, b) Aggregation of detailed network to generalized netwo& c) Allocation of demand from a population distributed in the network to specified "facilities" where demand can be satisfied (i.e., fire stations, parks, schools, etc.). Also, automatic computation of statistics, including toati demand allocated, average distance to demand, maximum dtstar oe to demand, etc. It is capable of single end multiple facility allocation, d) (7enerate timAkilstim0ost sheds from a given originlorl&s, 0 Record number of influenced units with individual cume',adve shc4i, f) Deterntlne optimum and alternadve pathshoutes thr.,ugh the network. 'I ~I A-S9441/IP (Rev. 1) -22• 9/14189 I 09/ 14/69 15:28 11714 793 5953 ESR t 2024/032 fSA, amhavnraY tywrm RMM+d~ imnuu, ho. APPENDIX C. Continued ARCANFO NETWORK SYSTEM SUMMARY (Continued) g) input node points of a boundary of it network file (user-selected polygon) and collapse all segm-ats inside this boundary and summarize accumulated values associated with these segments (i.e., number of students by age category). This results in a listing of all accumulated values. h) Allocate facllides based on demand values associated with network file links and impedance values for network file links (to be used in locating facilities such as schools, parks, or fire stations). 1) Provide computer routine for route selection for vehicles using computer inieracdon to assist an analyst In seleetin routes for such vehicles as school buses, garbage trucks, etc. This is not intended tobe fully automated route selection, but a tool to assist in the route selection process. 5. NETWORK Display A) Number plottin& associated with network. I b) Dir clonal flow indication. c) Indication of association between network links and fscil Ides. ' t I I 4 I ~ ! A•S9441/IP (Rev. 1) •23• 9/14/99 1 I ,t !d a i i 09/14/89 1528 $`714 793 5953 ESRI Z 025/032 iiM t3tvfronm~nd ar«.e,~ Aww~ iruthuN, b+c, APPENDIX C, Continued ARC COOO SYSTEM SUMMARY 1. Data Base Characteristics i a) Highly accurate (doub;e precision) storage of coordinates, angles, and distances, b) Storage of points, open traverses, and closed traverses. 2. Data Entry a) Employs a highly Interactive means of communicating with the LOGO user, I b) Optional entry of data via text-editable data flies. C) Interface with Grtographie Data Management System to retrieve digitized data, section cormloeations, and points located via legal description, v d) Bearings, and detkcdon, azimuth and field angles are edit checked for correctness, f 3. Data Calculations a E a) Set points at known locations. b) Locate points via bearings and &Amuth angle'. c) Cak uWe paWlel lines. d) Calculate parallel curves. e) Calculate line intersection with another line. 4 Caloula line Irwiecdon wiih & curve. g) Calcwlass curve intersection with another curve. h) Divide tines into equal-Length parts. i) Divide curves Into equal•Icngth arc segments. F Fate point via horizontal field angle. k) Locate point on a horizontal culvo via arc Icngth, A-S9441/IP (Rev, 1) .24- 9114/89 t j s I r: r . I $ 09/14/89 15.29 12714 793 5953 ESRI 2026/032 . tsn, ~Ya~reu eywm Aw~an u,unuN Ine, I , I APPENDIX C, Continued ARC COGO SYSTEM SUMMARY (Continued) 1) Rotate and translate sets of coordinate points. m) Calculate curves tangent to lntersecdng lines using radius, tangent length, or arc length known. n) Calculate right angle tie to offset points. o) Compute tangent points on horizontal curves. p) Compute and store both open and closed traverses using bearings, and field, azimuth, or deflection angles (including horizontal curves). q) Perform tsvtrse adjustments via Compass, Transit, and Crandall's modified least squares methods. r) Perform area calculations (including curves), s) Perform predetermined area calculations. { t) Performs ground•to-grid and grid-to-ground scale conversions. I u) Cekulanon of ermrs of closu.*e for traverses. 4. Data Display a) On-Une printed display of data (with optional inclusion in a print file). 1) fnv*m data for lines, points, and traverses, including bearings, angles, distances, and coordinates. 2) horizontal curve data Including radius, chord lengths, tangent end arc lengths, delta angle, area, end radial and chord bearings, 3) Location of points. b) Graphic display (graphic terminal and plotter). 1) Points data • well locations, for example. 2) Line data (open traverses) • street centerlines, for example. 3) Polygon daw (closed traverses) • property boundaries, parccls, tracts, tots, etc., for example. A•519401P (Rev. 1) •23• 9114/89 I I I 3 09/14/89 15!30 X714 793 5953 ESRI Z 027/032 • csai tonvra+m«M~ lywm~ Rwwen iMlIU4, no. APPENDIX C, Continues ARCJINFO TIN PROGRAM SUMMARIES ARCTLN - Converts an ARC coverage to a surface T1N data structure. TINARC - Converu a surface TIN data structure to an ARC coverage. GRIDTIN - Converts a GRID to a TIN. TINGRID - Converts a TIN to a GRID. DESCRIBETIN - Displays the contents of a TTN surface model. TCVCONTOUR - Generates contour lines from it TIN. GRIDCONTOUR - Generates contour lines from a GRID. PROFIV E - 0enerstes cross section profiles using a TIN, I SPOT - interpolates SPOT surface values to points using TIN. SURFACELENGTH - Computes the surface length of lines (vs. linter length). f VOLUME - Computes the volume over a given base elevation. i Thleasan - Computes proximal polygons for a set of points. TEWMW - Displays 3D perspective views of a 17N. 1 , f I A-S944 1/IP (Rev. l) .26. 9/14/89 I i e 09/1489 15:30 0 714 793 5953 ESRI Z 0281032 . iW! i,MravnMM~l ayM~m~ nrWrsll iM1AN~. nC APPENDIX D SOF't1VA a t mrpN~ 1. Scope of License Granted a. 7114 license granted to the Client by Tektronix and the Contractor is a nonexclusive, nontransferable license to use Licensed Software on Designated Equipment solely for Client's Internal business purposes and to reproduce Licensed Software solely in support of such use. b. The Client may use Licensed Software on a single backup unit or substitute equipment whenever Designated Equipment is inoperative or is undergoing repair, maintenance, or modification. 1 c. The Client may at any time request that this license be extended to permit use of Licensed Software on additional or replacement Designated F~ui~ment subject to Tektronix' U proval bq; (1 submitting a request that refers to this license by number and that endfles the additional or replacement Designated Equipment, and (2) paying the fees and charges applicable at the dme the request Is submfutid. 2. Permiasion to Copy Licensed Software a. The Client may icensed nly reason eces authorised use The Client sbaU noftw WnWn a ecord of the umber anted lociapi o,'&Ue copies made and shat) make such recall available to Tektronix upon request. b. The Client shall reproduce and include in a11 copies of Licensed Software er9 copyright no4oe or restrictive legend included in ~ell Softwaro a received from Tekk6tihiix, and shall af'ttx to rho copy medium and any container housing the medl urr, any copyright notice or restrictive legend affixed to the medium or oonWrsa as received1 from Tektronix. c. A11 copies of Licensed Software, whether provided by Tektronlx or m rde by the Client, shall be and retrain the property of Tektronix or third parties from whom Tektronix has obtained a licensing right i i . A•5944 1/1P (Rev. 1) ,27, 4/t4B9 1 y i Y. 09/14/89 15!31 0714 793 5953 ESRI Z029/032 IIR: &%4MMM"A1 Symms A86WOt Ir4%If. kk. APPENDIX D, continued 3. Protection and Security of Licensed Software a. The Client shell not provide or otherwise make available Licensed Software to anyone other that employees or contractors of the Client whose job performance requires such access. The Client shall take appropriate action to ensure that an person permitted access to Licensed Software does not provide it to others or duplicate it in contravention of this license. b. The Client shall not remove or obscure any notice or legend included In Licensed . Software as received from Tektronix or affixed to its media or media container or printed in any of its associated documentation, c. Before recycling, discarding, or disposing of any media containing Licensed Software, the Client shall erase or otherwise destroy Licensed Software contained therein. 4. Notice a. The interactive Graphics Library Q(IL) Software licensed under the agreement has been obtained from Tektronix and N subblect to the rights of Tektronlx and to the license between Tektronix and ESRI, the contractor. b. Tektronix rnWs no representations or warrandes to the Client and is not obligated to provide support to the Client. i 1 A•S9441/IP (Rev. l) •28• 9/14/89 i v 09/14/89 15 i 31 12714 793 5953 ESR 1 2030/032 I FSIlI Ef1N/0M11MY~1 ey1111fii FMMI'011 IMIMYI~. IM v APPENDIX E t" light Representatives for .SRI Softwaw! Products TECBNICkL oP~RRSP.NTATIVP CONTRACr ADMINISTRATOR Participates in System Installation Administers Agreement I Acts as Administrasor during Acts as Prinwy Technical Contact with ..1 ES RI or Distributor ' Name Name Street Address Street Addmis City State tip City State Zip Ara Code Phone Extension Area Code Phone Extension I SYSTEM DI STRATOR TO ,M SLUI D WE SEND INVOICES? (if not Technical Representative) Receives and installs Update Packages Acts as Operating System Specialist CMtlnaDes **M Mals»W"ce ! Forwards s ystem Questions to ESR1 or but Name Nam Strut Address Street Address City Stare Tip City State Zip { I ~ Area Code Phone Extension Area Code Phone Extension I, 1 ~ A•S94411IP (Rev, 1) .19• 9/14/89 I I I ir low n ~ • I' A 09/14/39 15+32 $714 793 5953 ESRI 2 0311032 FW am*"m«er I&wI A""ml 1141 1m. APPENDIX E, continued GI3 CONSULTANT GIs CONSULMANT Receives User Documentadon Cllent May Designate Different People to Forwaltis User Questions to ESRI or Act as OIS Consultants on Various ESRI Distributor Packages such as ARGINFO, Receives ESRI Response to User Questions NETWORK, COOO, etc. Software Package Software Package Name Name ! Street Address Street Address City State Zip City State Zip Mat Code Phone Extension Area Code Phone Extension Piece send an Astm change rlodfications on company letterhead or addldonal copies of this farm ! to ESRI, 380 New York Shut, Redlands, California, 92373. Telephone, (714) 793.2833; I FAX, 714-793.3933; Telex, 910 332 1317. I I I I A•S9441/IP (Rev. 1) -30- 9114189 1 1 'r low 1 i 09i14i89 15 32 22714 793 5953 ESR! OISTRIBUTOR 2032/032 DATE i o~ v cc ! F W 3ab'A cbw (X) i ~ 3HYMLiOS W do Bd'U t o l 0 5 ONIN1Ykl1 5 m INOIlY1' MN1 I m dO Lva Taw3 vbw j e1W11/1kf3O I~ M"ao ad (1) N0I1VI0r& A0dOyd 4 anom lvoodmdjoavo ~i (X) 3m 740dOud jsAme (C Alpo 116lq u (t :9nivis ' e I4 = O A-59441/IP 9/14/99 1 i d. 4. ti i i I a i T-1 -M EFT-T i i 1 i J i TWN 2651L-1/3689 # 3. N, NO. AN ORDINANCF. 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 EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equip- 11 ment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and , WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, y I THE COUNCIL OF THE 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 "Rid Proposals" on file in the Office of the City's 'Purchasing Agent filed according to the bid number assigned thereto, are hereby accepted and approved as being the lowest responsible bids for such items? i BID ITEM NLHBER NO. VENDOR AMOU14T 9992 ALL Computer Arrangements $153,848.93 ~ r I Two SECTION 11. That by the acceptance and approval of the above numbered h ems of the submitted bids, the City accepts the offer of the person submitting the bids for such item or an erv{cees in purchase the materials, equipment, supplies accordance with the terms, specifications, standards quantities Bid and for the specified in the Bid lnvitatione, related documents Proposals, and SECTION Ill. That should the City and persons submitting Approve 'd accepted items and of the submitted bids wish to the bids a the sCity Manager enter into a formal driawardinagreement and acceptance, approval val I or his designated representative is hereby authorized etliat the written contract which shall be attached hereto; provided conditi the written contra .t is in an ities withsthe container specifications, standards, , q 1 in the 81d Proposal and related bid documents herein approved and accepted. SECTION 1V. That by the acceptance and approval of the above numberi ems of the submitted bids the City Council hereby authorizes the expenditure of funds therefor in the amount and in contractcmadeipursutant theretodaabauthorizeduherein. to a written ~ SECTION V. That this ordinance shall become effective immedlately upon its passage and approval. PASSED AND APPROVED this day of 1989. i ATTEST: E FEk -FTA ERTo-UTF- - E APPROVED AS TO LEGAL FORTS: DEBRA ADAMi DRAYOV1TCHj CITY ATTORNEY I BY, ,I it PAGE TWO DATE: 9/12/89 CITY COUNCIL REPORT PORNA-1 F TO: Mayor and Members of the City Council PROM: Lloyd Harrell, City Manager -gid--g- e9cl;z-- SUBJECT[ Bid on IBM 4381 Computer and Peripherial'Equipment I RECOMMENDATION: P.ecommend that we award bid to Computer Arrangement and retain current IBM 4361 for future use with either police systems or library systems. r' SUMMARY: i This recommendation represents low bid on computer equipment needed to implement GiS. This equipment would replace the current IBM 4361 which would be warehoused for future use in the implementation of either a new police system or a new library system. BACKGROUND: After a year and half of study this equipment was determined to be necessary to implement the CIS system to the broadest group of users and maintain on going f systems. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: All departments within the city organization I FISCAL IMPACT: I 1 $153,848.93 Respe Oily su mit : Lloyd arrell Prepared by: City Manager Appr ed: n: h CITY of DENTON, TEXAS 215 E. MCKINNEY/ DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 M E M O R A N D U M DATE: September 15, 1999 TO: Lloyd Harrel], City Manager FROM: Gary A. Collins, Director of Data Processing SUBJECT: BID ON 4381 MAINFRAME I! 1 The bid tabulation sheet shows the cost of the 4381 mainframe including an allowance for a trade in of the IBM 4361. Our recommendation and the Data Processing Advisory Board concurs is that we not trade in the IBM 4361. Thie would change the amounts shown in the bid tabulation sheet to reflect a total of $153,848.93 for Computer Arrangement and $154,055 for Duane Whitlow and Co. The low bidder is the same whether we choose to trade in the IBM 4361 or not. Gary . Collins Director of Data Processing I Q I.. v h a c ~ r7 00 O O O .ly M Oh f. f~'1 COj ,^y d m M M M M X87 J 1 Q O O P O O .-i p ° en co z F O O go v1 .Mr O O 4ama8PP ? 4~ P F- b C ° N o Y 8~TyS - CIO o0 J o P Lr~ In W) 61 Lm cc o OJ N V 1 h V N .r f LO c N u A~ ~ M V V1 v N .-i N .Ta. I l V J u i as ° Ln ` O c w o o f tio° n Ln 1 .r ♦O ♦O N ~~vj b N J8 J 1 ~p001) 0 to f" O CO O O O N N ° O p ' 'pJ Q O O O v1 O 1 I O V M V N a y dOuJ - M x alrpv 1 O Ln o v°1 h M ° + N p O O O N ♦O %O .7 O°~ M ON y ~ M M N N M ,V.♦ V M . H N yN u di 14 I a ,G u a H u gg U V V H M 4 i ~ ~ H I ~ o° ~ M u N N w p m n S q f) O t~ to 00 di n Go 'F uC fa H m N co M Z M f'1 PI a ri .1 H M a A PO AS u u u 1A yy p u f ~ ed Q V N f' b F F ~ f] H 00 O~ r J r F MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING ON July 11, 1989 MEMSERS PRESENT: Dale Maddry, Jim Kuykendall, Charles Ridens and Ronald McDade MEMBER ABSENT: Cengis Capan CITY STAFF PRESENT: Gary A. Collins from the City staff Jim Kuykendall, made a motion that the minutes of December 15, 1968 and May Ili 1989 be approved as written. Dale Maddry second the motion and it was passed unanimously. Gary Collins explained that the agreement with AMS on the LGFS ayeten was a j continuation of our maintenance agreement with AMS. Dale Maddry stated that he felt that once a system has been stabilized the vendors quit enhancing the system and it would be advisable to drop maintenance. Gary Collins explained we have received new releases on this system and that 2 years ego when we purchased the Extended Purchasing, Inventory and Cost Allocation subsystems, part of the agreement was we would not have to pay maintenance on those subsystems over and above the Base system modules for j the first 3 years. Gary Collins explained this would be the last year we would receive free maintenance on those subsystems. Gary Collins stated that in the last year we have implemented the Extended Purchasing and Inventory subsystems, and the upcoming releases would be having major changes in these areas. Dale Maddry made a motion the Advisory Board recd mend that the City Council approve this software maintenance agreement with the provision that the CityOa staff keep record of the value received from the vendor for evaluation purposes next year. Jim Kuykendall second the motion and it was approved unanimously. Gary Collins explained that the need for a new mainframe was being driven primarily by the GIS system and is dependent on the GIS system approval. Gary Collins explained that the low bidder on this equipment was Computer Arrangement and their bid of $149r698.93 includes a credit for a trade In of $4,150. Gary Collins indicated that there had been discuaaiu:is held regarding the Police Department's need for a mainframe associated with their Computer Aided Dispatching system that is scheduled in the 1992/1993 time frame, as well as using the 4361 mainframe exclusively for a new Library system. Gary Colline explained that due to the little amount of money being offered, one option would be to warehouse the IBM 4361 for use at a future time for one of these systems. Gary Collins stated that he had checked with IBM and that there would be no penalty if we wanted to re-install and place it back on maintenance. Dale Maddry asked if the IBM 4361 could serve as a backup in case of a disaster. Gary Collins responded that it could for some of the critical current systems such as Payroll, Utility Billing and the Financial systems but not the GIS systems. Jim f I Y p t e Kuykendall made a motion that the Advisory Board recommend the City Council approve the contract with Computer Arrangement on the mainframe upgrade and that the City warehouse the current IBM 4361 CPU. Dale Maddry second the motion and it passed unaniawusly. There being no further business the meeting was adjourned. i~ I i I v 1 1 1 I 1 i 'F I j I-F LJL L-L L.L I J I i q #3.0. c_I_'t_l: ~ul_`_l'tL ftf_i'UEtT F:Uf~'IA'C TC>: Mayor and Members of the City Council 1i FROM: Lloyd V. Harrell, City Manager SUBJECT: Consider Adoption of Ordinance to Award Sun Financial Group the Life and AD&D Insurance i Contract 1 I RECOMMENDATION: It is recommended that the City of Denton award the Life and Accidental Death and Dismemberment Insurance contract to Sun Financial Group. SUMMARY* The City offers Life and Accidental and Death and Dismemberment (AD&D) Coverage to all regular full-time and part-time employees working a minimum of 20 hours per week. This coverage is based on one times annual salary. The executives' life and AD&D coverage is based on two times their annual salary. DA KC-0. B 0 U LN.P~ As a result of Washington National cancelling our fife and AD&D coverage, the City recently acquired interim Life and AD&D coverage for City employees through Sun Financial Group. Concurrently, to satisfy state requirements, a request for proposal for a longer term contract was submitted. Sun Financial Group .s the only organization that responded to our request. They have agreed to continue coverage on all eligible employees at the current rate of $.285/1000 through February 1, 1991. TROGRAMS, DEPARTMENTS OR GROU5 AFF'_EU D_ The life insurance and AD&D coverage will affect all regular 1 full-time and part-time employees working a minimum of 20 hours a week. i l l 1 City Council Report. Forrnnt Page 2 j_I UNL DPA T_ The amounts listed below are within the projected budgeted amount for FY 89/90. General Fund $ 41,040 Other Funds 27,x§4 $ 68,400 Prepared by: Respectfully submitted: Thomas W. Klin k, D1.rector Llo V. Harrell Personnel/Employee Relations City Manager AApprovd.- I Betty xecutive Direc tor ces/Economic Development i ccreport 082589 i 1 t S, k r No. AN ORDINANCE ACCEPTING THE PROPOSAL OF SUN FINANCIAL GROUP FOR LIFE INSURANCE COVERAGE FOR CITY EMPLOYEES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the proposal of Sun Financial Group for life insurance coverage for city employees, a copy of which is attached hereto and incorporated by reference herein, is hereby accepted. SECTION II._ That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION III. That, this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1989. RAY STEPHENS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 9/14/89 td , ry { dy:5un rJntnctii Oroup 15-14-65 4~44rM ; 17132256 wc1fy OF owcN uA :N 2 E ~ 5 Sun N. J, N,MnPlnanclaI Group M,np p uu 14%0 p Group sukla" Sunti!Fotcoryd1ova mv##, / Nowsw%TawMo} J MX; Mn ~ 1 September 14, 1989 (iQ Via Fecslmife 9/14/89 Nedra White Personnel Speclafist/Benefits Gity of Denton Municipal 9ullding 324 East McKinney Denton, TX 75201 REI 881127 Croup Life Coverage 1 Per your request,we will be revising the policy anniversary to be October 1. This change shou d make the rate change data to be February 1. 1 I ohs I confirm th February 1 date AS~iP, I ~ i ` I Harry Harr no LU j Croup Ma r I { I V i J r ;F a POLICY SPECIFICATIONS Policy Number - Policyholder - City cf Denton Effective Date - Policy Anniversaries - October 11 1989 Premium Due Dates - The Effective Date and thereafter the let day of each month, Currency - United States Dollars , i Monthly Premium Rates Employees Dependents Insurance Benefits' (for each Employee) (for the insured Dependent of each Employee) Employee Life To Be Advised i (for each $1,000 of insurance) f Accidental Death To Be Advised and Dismemberment (for each $1,000 of insurance) f j ' for benefit details refer to appropriate Benefit Provision !I means that the benefit is not in force I I i 27149 -1- I ~i w Y INDEX Pale Action Against Us 14 J Assignments 12 Benefit Provisions Accidental Death and Dismemberment Insurance - Employee 19 Life Insurance with Extended Death Benefit - Employee 15 Change in Beneficiary 12 Clerical or Mechanical Errors 10 Commencement of Insurance 7 Definitions 4 Due Proof 14 Entice Contract 10 Examinations 14 Experience Rating Refind 10 Facility of Payment 12 i Gender 14 Governing Law 14 Grace Period 9 incontestability 11 Individual Certificates 11 Individual Termination of Insurance 7 Insurance Data 10 Methods of Payment 12 Minimum Benefit Provision Requirement 8 Misstatement of Age 10 Notice of Claim 13 Payment of Benefits 11 Premium Adjustments 9 Premium Calculation 8 Premium Payments 9 Proof 14 Proof of Age 10 Proof of Claim 13 Termination of Benefits Provision(s) 8 Termination of Poii,y 8 Time of Payment 13 workers' Compensation 11 Policy Addendum 21 i 2714s -2- f h~Y ■ COMPLAINT NOTICE Should any dispute arise about your premium or about a claim that you have filed, contact the agent or write to the company that issued the policy. If tho problem is not resolved, you may also write the State Board of Insurance, Department Co 1110 San Jacinto Street, Austin Texas 78786. This not o aom laint procedure is for information only and condition of this policy. J J i a C '1 1 27149 -3- 3 DEFINITIONS Employer The Policyholder Employee A person classified by the Employer as a permanent full-time employee who is scheduled to work at least 20 hours a week at the Employer's place of business or at some other site where the Employer requires him to be. Employment Performance of work as an Employee except that classification as an individual employed on a basis excluded above will be applied toward completion of an Employee's waiting period. Waiting Period Nil Actively at Work An Employee is actively at work on any day in which he performs all the usual and customary duties of his occupation at the Employer's place of business or at some other site where the Employer requires him to be. In tiie case of an Employee who is not on a flexible schedule of working hours, the Employee must work for 6 hours or the scheduled number of hours for that day$ whichever is longer. In the case of an Employee who is on a flexible J schedule, he must work the scheduled number of hours for that day. An Employee is deemed Actively at f Work on a scheduled non-working day if he was Actively at Work on the i immediately preceding scheduled working day. C~ Termir.►:ion of Employment Termination occurs on the last day of the month in which a person i ceases to qualify as an Employee for any reason. 2114s -4- r low y e Definitions (Continued) e Sowevsr, the Policyholder, acting in accordance with rules which preclude individual selection, may deem that Employment continues: 1. for the period of the Employee's scheduled paid vacation, but not exceeding 3 monthst 2. unless otherwise provided by law, for a period ending not later than the last day of the calendar month following the month in which the Employee is temporarily laid off or is granted leave of absence for any reason other than illness or paid vacation] or 3. for a period ending not later than 6 months (unless a longer period is approved by us) during which the Employee is absent from work due to illness, Beneficiary The person who is entitled to receive death benefit proceeds as they become due under this Policy. i illness Bodily injury, sickness, disease, pregnancy or mental infirmity. Pregnancy Pregnancy, childbirth, miscarriage, abortion and conditions which result directly or indirectly from any of these. Totally Disabled Employee Life - An Employee is totally disabled if he is wholly any prevented or illness from tin performing forming profit or from following any gainful occupation. Ceasing to be Actively at Work does not, by itself, mean that an Employee is Totally Disabled. Total Disability The condition of being Totally Disabled. 27149 -5- Definitions (Continued) Basic Earnings The Employee's current salary or wage from the Employer, excluding any bonus, overtime or incentive pay. Riot Unlawful assembly, civil commotion, disorderly conduct and all other forms of disturbance of the public peace by three or more persons assembled together. Participation in a Riot Encouraging, promoting or taking part in a Riot, whether by signs, { gestures, words or by distinctive devices which identify the person with the Riot. Plan Pdministrator The person or organization designated by the Policyholder to maintain the records of the people insured under the Policy, Office Our office at One Sun-Life Executive Park, Wellesley Hills, Massachusetts 02181 ff 1 I I f 1 ~ 1 2714s -6- GENERAL PROVISIONS Commencement of Insurance Life Insurance An Employee is insured on the first day that the Employee is Actively at Work. An Employe) who had converted his Life Insurance under the Conversion Privilege of this Policy will have the Scheduled Amount of his insurance reduced by the amount of any insurance remaining in force under the individual policy issued under the Conversion Privilege. An Employee who declines for religious or other reasons to be insured by signing a refusal card, is insured on the date his subsequent written request for insurance and evidence of insurability are approved by Sun Life. Commencement of Insurance on Policy Amendment If an insured Employee is not Actively at Work on full time on the date the Policy is amended to provide increased or additional benefits, the Employee will be insured for the increased or additional benefits only when he is again Actively at Work on full time. Individual Termination - of Insurance An Employee ceases to be insured on the earliest of: 1. termination occurs on the last day of the month in which a person ceases to qualify as an Employee for any reason] 2, the end of the period for which the last Epremium is paid t us for he 3. the date of termination of the Policy. 2714s -7- -F INK i R7 'r General Provisions (Continued) : Termination of Benefit Provision We may terminate; any Benefit Prcoavisseion on any Premium Due Date be one or more of the Minimum B enefit Provision Requirements is not met. W w Policyholder 31e da spll give the notice, Y Prior written Minimum Benefit Provision Requirements Requirement No. 1 - At all least 25 insured Employees) times at Requirement No. 2 - 75% of the Employees who have completed the Waiting Period must be insured. Termination of Policy This Policy will terminate: 1. at the end of the applicable Grace Period if, at that time, any premium remains unpaid) 2. if the Policyholder gives'us a written notice that the Policy is to be terminated. The date of such termination will be the later of: a, the date specified in the notice) and c b, the date we receive the 4 notice at our office, or 3. on the date all Benefit Provisions are terminated. Premium Calculation The premium due on the Effective Date and on each subsequent Premium Due Date is the sum of the monthly p based remiums for all insured Employees on our then i Premium Rates. The Monthly Premium Rates shown in the Policy Specifications are our current rates on the Effective Date of this Policy. W° may change the Monthly Premium Rates after February 10 1991. The change in rates can only be made once in a policy year, unless the terms of the Policy change. For 2714s •8- k I s 6 a General Provisions (continued) other than policy changes, we will give the Policyholder 31 days' prior written notice. Premium Adjustments The additional premium for insurance that increases or commences oa a date other than a Premium Due Date is payable from the next Premium Due Date. The premium for insurance that decreases or cease on a date other than a Premium Due Date is payable until the next Premium Due Date. However, any change in premium due i to a policy change will take effect on the dace of change. The proportionate charge or refund will be made on the next Premium Due Date. Premium Payments Premiums are to be paid at our office by the Policyholder on or before the Premium Due Dates. We are not required to receive payment of any premium other than in y f` one sum or from anyone other than the policyholder. We are not required to see: 1. that any amounts referred to as contributions by Employees are, in fact, contributed by Employeesj or 2. that all or any amounts so contributed by Employees are applied to the payment of premiums. Grace Period If a premium, after the first premium, is not paid by its Premium Due Date, it may be paid by the 1 Policyholder within 31 days after its Premium Due Date. The Policy continues in force during this grace period. If a premium is not paid by the end of the grace period, this Policy will terminate. In any event, premiums are payable for any period of time during which the Policy remains in force. ~ I r 2714s 1 -9- I d9r r General Provisions (Continued) Experience Rating Refund On each Policy Anniversary an experience rating process is applied to this Policy such amount, if any, as we determine to be available as a refund as a result of that process. we reserve the right to change tF.e basis of that process. Any refund is paid in cash to the Policyholder. Insurance Data The Employer is to provide us with information about the Employees and their benefits. This information is limited to that required for the calculation of premiums and to ensure that Policy terms are fulfilled. We reserve the right to inspect pertinent records of the Employer. Clerical or Mechanical I Errors No clcrical or mechanical error by the Employer, the Plan Administrator or by us will cause insurance: 1. which should be in force, not to commences I 2. which should contire.e, to cease; I 3. which should not bo in force, to commence: or ` 4. which should cease, to continue. Misstatement of Age If the age of a person is misstated, factors affecting his insurance will be based on the true age. Refunds or charges will be made accordingly. Proof of Age we have the right to request proof of age for any person insured or Antitled to benefits under this Policy. If proof is not provided, benefits will not be paid, Any benefits which later becomes payahle i will be based on the true age. 1 Entire Contract Your entire contract with us consists of the following: 1. this Policy; and 2714s -10- I General Provisions (Continued) 2. the Policyholder's Applications a copy of which is attachedt and 3. the applications, if any, relating to persons insured under the Policy. All statement willmadebe in deemthe ed applications representations and no warranties, No statement of any person i used in any contest unless it is written and signed by him, and a copy furnished to this or to his Beneficiary. 1 f Only our President, Actuary, I + Secretary or one of our vice li Presidents can agree to change the Policy or to waive any of its provisions. No change or waiver will be valid unless endorsed on or agent has attached change a then Policy or to waive any of its provisions. incontestability Except for non-payment of premiums, the Policy will be incontestable after it has been in force for a + period of two years from the ` Effective Date. No statement 1 relating to the insurability of any + } person may be used in contesting the validity of the person's insurance after if has been in force for a period of two years during his lifetime, unless it is written and signed by him. Individual Certificates A certificate is issued by us to the Policyholder for delivery to each insured Employee. The certificate describes benefits payable and other essential information. Workers' Compensation This Policy does not replace or affect.any Workers' Compensation or similar law. Payment of Benefits Benefits payable upon the death of an Employee are payablthetA tithe Beneficiary living Unless otherwise specified, if more 2114s -11- C ` General Provisions (Continued) than one Beneficiary survives the Employee, all surviving Beneficiaries will share equally. If no Beneficiary is alive on the date of the Employee's death, payment will be made to the Employee's estate. Benefits payable during the lifetime of the Employee will be paid to the Employee. The above is subject to the rights of any assignee. Change in Beneficiary All nominations of Beneficiaries are t revocable unless otherwise stated by the Employee in the form provided by us. No change will bind us unless it is made in written form II satisfactory to us and filed with 1 the Plan Administrator. The change will then be effective as of the I date it was signed, but it will be subject to any action taken before it was received by us at our office. Assignments The insured person is permitted ander this Policy to assign all his rights under the Policy. Forms signed by the insured person must be received by us before payment is madeo otherwise the assignment is of no effect. I Methods of Payment in lieu of payment of Death Benefits + in one sum, another method of J payment may be elected. The available methods will be based on the benefit options in the individual policies then issued by us at the time of such election. Facility of Payment If the Employee is not able to give a valid release for benefit payments 9 then we may make payment up to $5,000. The payment can be made to any person we consider capable of giving a valid release. i 27149 -12- :x< General Provisions (Continued) Time of Payment Benefits will be paid as soon as we have received the required written Proof of Claim; or, in the case of a Death Benefit, when we have received due Proof of death. Notice of Claim we must receive written notice of claim within certain time limits except for those arising from the death of an insured. The time limits for such notices are set forth in the respective Benefits Provisions. The written notice is to be given to us at our office. If it can be shown to us that the notice could not be given within the application 1 period, then the notice most be given as soon as reasonably possible, When we receive the notice of claim, we will send forms for filing. Proof of Claim. If these forms are not sent to the employee within 15 days after we receive the notice of claim, then written proof of the nature and extent of loss given i within the time specified in the Proof of Claim provision is deemed 3 to meet our requirements. i1 Proof of Claim We must receive written proof of claim within certain time limits except for those arising from the death of an insured. The time i limits for such proofs are set forth i in the respective Benefits Provisions. The proof, which must be satisfactory to us, is to be given to us at our office. If it can be shown that proof could not be given within the applicable period, we will not deny or reduce benefits payable. However, proof of claim must be given within one year after the date such proof is due unless the Employee is legally incompetent. 27149 -13- it ~ J M a General Provisions (Continued) Action Against Us No legal action may be brought on any claim earlier than 60 days after a Proof of Claim is given. No such action may be brought later than three years after the Proof of Claim is required. Due Proof Written due proof of death must be given to us at our office before any Death Benefit is payable. Examinations we have the right to examine, at our expense, any person for whom a claim for benefit payment has been made and to do so as often as we may reasonably require. Gender in the context of this Policy, the use of 'he,' "his' and 'him' refers to both males and females. Proof we may require proof in connection with the terms of benefits of this Policy. If proof is required, we must be provided with such evidence satisfactory to us as we may reasonable require under the ` circumstances. Governing Law This Policy is governed by the laws of the j Applicationwasssigned. where the I i I i I 2714s -14- EMPLOYEE LIFE INSURANCE BENEFIT PROVISION WITH EXTENDED DEATH BENEFIT The amount of each Employee's Life Insurance Benefit is based on the following schedule: Classification AMOUNT OF INSURANCE BEFORE AGES 70 AGE 75 AGE 80 AGE 70 TO 74 TO 79 OR OVER A. All Employees 1 x Annual 651 of 454 of 300 of Salary pre age pre age pre age rounded 65 65 65 to next coverage coverage coverage highest $1,000 B. Directors 6 2 x.Annual Executive Salary Directors rounded to next highest c $1,000 All Employees are eligible for $15,000 minimum coverage before f age 70, Change in Cover Change in Amount of Insurance due to: - change in age will occur on the date of change, i Cover Ceases Coverage for an Employee under this Benefit Provision ceases on the earliest of: - the applicable Individual Termination of Insurance dates - the date this Benefit Provision terminates for the Classification of Employees of which he is a memberl or - the date the Employee ceases to be eligible for this Benefit in accordance with the Classification shown in the schedule. Death Benefit if, we receive Due Proof that an Employee dies while insured, we -All pay the Amount of Insurance in force on the Employee's date f death. 2714a -15- ~i E I 1 a Employee .ife Insurance Benefit Provision With Exte,,ded Death Benefit (Continued) If an Employee's Life Insurance Benefit is being continued under the Extended Death Benefit, payment of the Amount of Insurance is subject to the terms and conditions of the Extended Death Benefit provision. Extended Death Benefit (Applicable to an Employee w:io becomes Totally Disabled before age 60 or retirement, whichever is J earlier), 1I A. Totally Disabled If we receive due Notice and Proof of Claim that an Employee becomes Totally Disabled while insured, the Amount of Insurance continues from the date of Total Disability without further payment of the Employee's Employee Life Insurance premiums. We will require Proof each year that the Employee continues to be Totally Disabled. The Amount of Insurance is subject to Policy terms and conditions in effect on the date such Total Disability commenced, including subsequent reductions or termination. Such amount is reduced by the amount of any policy issued to the Employee under the Conversion Privilege of this Policy f unless such Policy is exchanged for a full refund of premiums paid. B. Time Limit for Notice and Proof of Claim t The time limit for due Notice an Proof of Claim is: 4 - within 12 months after the Employee ceases to be Actively at Work. C. Termination of Extended Death Benefit This Extended Death Benefit ends on the earliest of the dates on which the Employee: 1, ceases to be Totally Disabledi 2, fails to furnish due Proof that he continues to be Totally Disabledi or j 3, fails to submit to an Examination, 1 D, Amendment or Termination of Benefit Provision An Employee's rights to continued benefits under this Extended Death Benefit are determined on the date the Total Disability commenced, These rights are subject to the terms of this Policy and will not be affected by subsequent amendment or termination of this Benefit Provision. 2714s -16- w i Employee Life Insurance Benefit Provision With Extended Death Benefit (Continued) Conversion Privilege A. Benefit 1. If all or part of an Employee's Amount of Insurance ceases due to termination of: - Employments or - membership in the class(es) which qualify for such insurances the Employee may apply for an individual policy on his J own life up to the amount that ceased. 1 2. If an Employee's Amount of Insurance ceased due to termination of: - this Provisions or - any class of insured persons by an amendment to this Provisions and the Employee has been continuously insured for five or i more years under the Employee Life Insurance Benefit Provisions then the Employee may apply for an individual policy on his own life. The maximum amount of such policy will be the lesser or: - the amount which ceased, reduced by the Amount of Insurance for which the Employee is eligible under any group policy within 31 days after his Amount of insurance ceasedr and i - $2,000. 3. If the Amount of Insurance for an Employee urdcr the Extended Death Benefit ceases or reduces, the Employee may apply for an individual policy as in the above as applicable. 4. The Employee will be issued such individual policy without evidence of insurability. a. Right The right of conversion is subject to the following conditions: 2714s -17- ~j ,A Employee Life Insurance Benefit Provision With Extended Death Benefit (Continued) 1. written application must be made to us along with payment of the first premium, within the 31 day period (the 31 day conversion period) following the date the insurance ceases or reduces in amount; 2, the policy may be any plan of life insurance, other than term, then . ually issued by us at the attained age and amount raq ,ited, but without disability or other supplemen'"il oenefits; 3. the premium will be the rate we usually charge for the standard class of risk and age to which the Employee belongs on the effective date of the individual policy; and ~ r 4. the effective date of the individual policy will be the day after the end of the 31 day conversion period. C. Death Within 31 Days If the Employee dies during the 31 day conversion period, a Death Benefit will be paid. The amount of the Death Benefit { is the amount eligible for conversion. i ~ I I ~ I i I I ~ ' I 27149 EMPLOYEE ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE BENEFIT PROVISION The amount of each Employee's Accidental Death and Dismemberment Insurance Benefit is based on the following schedule: Classification AMOUNT OF INSURANCE BEFORE AGES 70 AGE 75 AGE 80 I AGE 70 TO 74 TO 79 Olt OVER 1 A. All Employees 1 x Annual 65% of 45% of 300 of Salary pre age pre age pre age rounded 65 65 65 ~ to next coverage coverage coverage highest $1r 000 B. Directors 6 2 x Annual Executive Salary Directors rounded to next highest $1,000 All Employees are eligible for $15,000 minimum coverage before age 70. Change in Cover_ Change in Amount of Insurance due to: change in age will occur on the date of change, Cover Ceases f Coverage for an Employee under this Benefit Provision ceases on the earliest of: - the applicable Individual Termination of Insurance date► - the date this Benefit Provision terminates for the Classification of Employees of which he is a member) or - the date the Employee ceases to be eligible for this Benefit in accordance with the Classification shown in the schedule. 2714s -19- PJ n Y 4 1 Employee Accidental Death and Dismemberment ` Insurance Benefit Provision (Continued) Accidental Death and Dismemberment Benefits If we received Due Proof or due Notice and Proof of Claim that and Employee while insured: dies from accidentally drowningt or JJ sustains bodily injury by accidental means, which results in loss of life, sight or limb within 365 days of the date of such injury; we will pay, subject to the Exclusions below, the following percentage of the Amount of Insurance in force on such date for such loss: { - life 100% - sight of one eye . 50% i 17 9 - one limb - 50% ! - more than one loss from any one accident - 1009 Loss of limb means severance of hand or foot at or above the wrist or ankle joint. Loss of sight must be total and I irrecoverable. i Exclusions i Payment will not be made for a loss which is due to or results a li from: - suicide while sane or insane, or intentionally self-inflicted injuriest I i - bodily or mental infirmity or disease of any kind, or infection unless due to an accidental cut or wounds - committing or attempting to commit an assault, felony or other illegal acts - war (declared or undeclared) or active duty in any armed ~I service during a time of war= or I - Participation in a Riot, rebellion, or insurrection. I Time Limit for Notice and Proof of Claim If the loss is as a result of the Employee's death, then Due Proof must be given. If the loss is other than death, then we must receive due Notice and Proof of Claim within 12 months after the date of loss. i ' 2714a -20- --r low 1 s 4 Y iR POLICY ADDENDUM - Life Only Coverage "Grandfathered" for eight retirees - Permanent part-tine employee working a minimum of 20 hours per week can elect coverage on a shared contribution basis k a f k I 27148 -21- ~J i a i' 7 h e i i ~ i I ~ i ~ i i~ i I I I i -1 1 Ir FY I T-W K C i 3 September 19, 1989 CITY COUNCIL REPORT FORMAT l'0: The Honorable Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECV: BOILER 4 MACHINERY INSURANCE CUVERAGE Recommendation: Staff recommends accepting the insurance proposal of Arkwright Mutual Insurance Company for Boiler F, Machinery coverage. Summar : Four companies provided us with proposals for boiler 4 Machinery , coverage (i.e. Arkwright Mutual Insurance Company, Home Insurance Company, Chubb Group of Insurance Companies, and Continental Insurance Company). Arkwright's proposal met our specifications and their premium is $18,788 less than the next closet proposal. In fact, Arkwright presently provides us with Boiler 4 Machinery coverage and their proposal represents a $23,738 reduction in premium (see attached memo). The premium reduction is the result of us increasing our deductible from a minimum of $1,000 per loss to $5,000 per loss and from installing a fire suppressant system at the power plant. Programs, Uepartments or Groups Affected: All the facilities containing a boiler and machinery exposure } will be affected by the Arkwright proposal. Fiscal Impact: The Insurance Fund will pay tae $4b,912 premium. Respec ully submitted: Prepared 'rl b Ila r Cit Manager proved: . cO A e ecutive Director of Finance 4 851E t .t , 1 CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 MEMORANDUM f DATE: September 12, 1989 110: Bob Nelson, Executive Director of Utilities John F. McGrane, Executive Director of Finance FROM: Harlan L, Jefferson, Risk Manager SUBJEC'rt BOILER AND MACHINERY INSURANCE The City received four responses to the Boiler and Machinery bid. The respondents were Arkwright Mutual Insurance Company, Chubb Group of Insurance Companies, Continental Insurance Company, arid Home Insurance Company. After conducting an ! 1 evaluation of the four proposals, wA recommend accepting the proposal of Arkwright Mutual Insurance Company. we utilized 14 criteria to evaluate the proposals (see the j attached Boiler and Machi e:y Evaluation Form). The coverage offered by all four companies was similar, except Chubb had higher limits of coverage and Arkwright's proposal contained 1 the lowest premium amount, Arkwright's premium is $18,788 less 1 than the oecond lowest premium. Arkwright presently provides us with Boiler and Machinery insurance and their proposal represents a $23,758 reduction in the current year premium. Our plans to install a sprinkler protection system at the Power Plant produced $10,000 of the premium reduction. This type of discount normally occurs on the Fire and Extended Coverage Policy. Additional benefits of the Arkwright proposal are as follows: j o only one deductible would apply to any one loss between the Boiler and Machinery Policy and the Fire and Extended Coverage Policy, o There is no need for a joint loss agreement. i ,I 1 1 J 4U \ a 4ti.YA YYer=.\ 1 i, Bob Nelson and John McOrane September 12, 1989 Page 2 o Arkwright has continued to provide us with insurance coverage through the marketplace swings from hard market to soft market. o Engineering/Property Conservation Services are as good or superior to the other proposals. If you have any questions, please do not hesitate to contact me. arlan L. J9 on 1 wp Attachment 1659] 4 i f 1 ~ f f r r, r 2779L NO. AN ORDINANCE ACCEPTING THE PROPOSAL OF ARKWRIGHT MUTUAL INSURANCE 91 COMPANY FOR BOILER AND MACHINERY INSURANCE COVERAGE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i 1 SECTION I. That the proposal of Arkwright Mutual Insurance Company or oiler and Machinery insurance coverage, a copy of which is attached hereto and incorporated by reference herein, is hereby accepted, SECTION II. That the City Council hereby authorizes the expenditure o unds in the manner and amount as specified in the agreement, SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1989, j ay Stephens, Mayor o ATTEST: I enn er alters, City 8eoce ary I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CI'T'Y ATTORNEY BY: 1~y Q f I t r- I \1:!i JiP:a September 7, 1989 City of Denton Purchasing Department 901•B Texas Street Denton, Texas 76201 SUBJECT: BOILER 6 nwilP+EP,Y INSURANCE BID NUMBER RFP 1006 { I Enclosed is Arkwright Insurance Company's Renewal Proposal for Boiler 6 Machinery coverages. The objective of our proposed Boiler 6 Machinery program is to continue to a provide a broad and comprehensive policy that will produce stability of coverage and price over the long term, while providing "state of the art" loss prevention and property conservation services. I The proposed coverages, high limits and service capabilities are tailored specifically for the City of Denton, This proposal moats or exceeds specifications. See attached forms and ! I ! proposal details. We are prepared to renew those coverages effective October 1, 1989, If any questions arise frore this proposal, I will be available for assistance, Cordially, C Alan H, Armbnster Senior Account Representative I A11A/J r 1668t Jl/I X41 'FT I B O I L E R 6 M A C H I N E R Y 1 I N S U R A N C E P R O P O S A L i for CITY OF DENTON, TEXAS 11 V I I Prepared by I Alan H. Arirbruster, Sr. Account Represontative ARKWRIGHT INSURANCE COMPANY Septembor 1, 1989 i I CONTENTS 1. LOSS PREVENTION ENGINEERING II. CLAIMS SERVICES Ilia COVERAGES IV. SPECIAL CONDITIONS V. POLICY TERM VI. LOCATIONS VII. LIMITS OF LIABILITY I VIII, DEDUCTIBLES IX, PREMIUM 1 X. CAST/BENEFITS XI. SUM;dARY OF BENEFITS XII. CURRENT INSUREDS I I. LOSS PREVENTION ENGINF"ERING Vie C?ty of Denton's substantial commitment to loss prevention is evidenced by the condition of its facilities and excellent loss experience over prior years. The full resources of the Factory flutual Engineering Division will continue to supplement the activities of your personnel in achieving the identification and control of all major exposures to loss. Boiler and Machinery State Jurisdictional Inspections, Life Studies and Transformer Oil Testing are only a few of the many specialized engineering services available to the City of Denton as an Arkwright Insured, Arkwright provides additional backup to the Factory Mutual Engineering Division effort through the resources of our own loss prevention engineers. Our purpose is to assure the quality of the basic field inspection effort and to assist in unique loss prevention engineering problems which may arise, Our Regional Engineering Staff includes John Williams, Assistant Vice President and Manager of Engineering for Arkwright and James E. Haskett, Senior Boiler & Machinery Engineer. Both individuals would be involved in our efforts with the City of Denton. Both Mr, Williams and Mr. Haskett each have in excess of thirty years Boiler & Machinery experience, Mr. Haskett will continue to serve as primary coordinator of all Factory Nutual field k inspections in addition to his periodic visits to selected plants requiring special attention, Our local Factory Mutual Engineers enjoy considerable expertise and experience. I F t CI11IIiS SFRVICFS Losses Texas. arFactoryteMutualugAdjustment will ,rorkAdirectly twith otheeCity nofDDenton so that claims can be r ed ted and delays minimlzed, Factory Mutual Depending tonwthe naturec Of claims, Adjustment immediate representativesbaCan obethatlothe site of the loss within hours, Mr. Tom Freeman, Vice President and Regional Claims Marager for Arkwrighe is responsible for developing a positive working °slationship with our policyholders and working closely with Factory Mutual Adjustment. He will monitor all loss adjustment activities and participate where necessary to provide supplemental service that will assura fair and equitable settlements on a timely basis. Representatives of the City of Denton will be kept informed through correspondence and reports so that the status of claims can be known at all times. I C i e~ CITY OF D NTON 1 III. COVERAGES; F. tended Comprehensive Boiler 6 Machinery coverage for rhysical Damage, as per current policy, to Includo: • Any boiler, any fired vessel, any metal unfired vessel subject to vacuum or internal pressure other than static pressure of contents, any refrigerating and air conditioning vessels and piping, or any piping and its accessory equipment and including any boiler or pressure vessel mounted on mobile equipment; . Any mechanical or electrical machine or electrical apparatus used for the generation, transmission or utilization of mechanical or electrical power; - Any transformer or electrical apparatus, v whether or not located on the premises of the insured, owned by a public utility company and which is used to supply electrical power solely to the premises of the Insured, . Computing Machines and Electronic Data j Processing equipment or electronic 1 computer control equipment. • Miscellaneous electrical apparatus 1 consisting of radio broadcasting equipment. IV. SPECIAL CONDITIONS: 1. Repair or Replacement on 5-4n or Another Sltg with New Kind, etc. 2. "Connected and Read;, for Use" exclusion waiver, 3, Lightning Loss - No exclusion, 4. "Core, Custody or Control of Insured" provision ha. been ctolotcd and loss of use of such property has been reinstated Ir "I i y IV. SPECIAL CONDITIONS: (Continued) 5, Electronic computer control or data processing equipment used for production purposes is included. 6. Sixty (60) day Notice of Cancellation. 7. Premium and/or rates may be adjusted annually. S. 90•doy Automatic Coverage for newly / acquired properties. i 9. A.M. Best Rating: Af (Superior) I I 10. Stock Company forms are fully admitted and approved by the State of Texas, li V. POLICY TERM. October 1, 1989 to October 1, 1992, J VI. LOCATIONS: As per specifications. i k k rt VII. LIMITS OF LIABILITY: $10,000,000 Combined any one accident $ 50,000 Expediting Expense I i i wr e A i VIII. DEDUCTIBLES; $5,000 or $.80 per KVA of the stated capacity, whichever is greater, for all power and distribution transformers. w For the equipment in the Power Plant only: DESCRIPTION OF OBJEC-r LEDUC ISLE APOUNT Water Tube Boilers having a heating surface of 15,000 squire feet or more , $ 50,000 Steam Turbine - 12,65+) kw 25,300 Steam Turbine • 12,650 kw ~ 25,300 Steam Turbine 22,000 kw 44,000 Steam Turbine 65,483 kw 130,966 Steam Turbine - 61,162 kv 122,324 Transformers having a capacity of 25,000 kva or more but less than 50,000 kva 28,000 Transformers having a capacity of 50,000 kva or more 55,000 Any other Object at this location 25,000 $5,000 for all other Objects, at all locations. i IX. PREMIUM: $46,912. Annually i f I V ~4 X, COST BENEFIT ANALYSIS BENEFITS COSTS Property Loss Prevention Engineering Services Greatly Reduce Liability Exposures (see Note) $ 25,000.+ Prudent Location Deductible (only one deductible applies iu event of joint Fire/DIC loss - fewer dollars of loss assumed) 5,000.+ ^ Stability Of Price And MorkeL Due To Reinsurance Cycles. 5,000.+ Property Appraisals Available 5,000.+ "Fixed" Annual Prcmium • (no loss retro) 1.+ i Known Underwriters/Adjusters (direct/open contact) 1.+ ii Market Stability After Large Losses (proven) 1.+ t I l f F Flexibility of Program Design (i.e. coverages/additional lots,) 1.+ High Loss Limits (i.e. stability of price) I.+ i t I BENEFITS/SERVICES INCLUDED TOTALS: ($40,000.+) f - NOTE: 55+ locations inspected at an average of 8 hours per location for visits and report writing (55+ lots, x 8 hours - 440+ manhours x $65/hr - $28,600+) ' Proposed Annual Premium/$5,000 Deductible $46.912 EFFECTIVE ""RISK TRANSFER/INSURd.NCE" COST $ 6,912 J f J If I(¢1 { k w XI. SUMMARY OF BENEFITS 1. Arkwright Insurance Company is a major underwriter of Governmental, Manufacturing, Commercial and Institutional organizations. The property insurance programs we design for our Insureds are unique in each case. 2. The deductible for the various All Risk property coverages applies concurrently. Only one deductible would apply to any one loss. 3. Arkwrivht's Proven stlhility, regardless of vast swings in the reinsurance marketplace. i i I 4. Superior Engineering Property Conservation services. An engineer of our organization regulary visits with you to assist in property conservation needs. Free engineering reviews of plans, materials and i completed work is provided for any new or proposed projects. 1 i ! I 5. Repair or re acement coverape is provided for property coverages without coinsurance. r 6. Stable Pricing and deductibles, both now and in the future. 7. Service is provided on several levels with planned visits by EI management, the account underwriter, and the account engineers. 8. Hi&h 11 r~ its of capacity to provide high Boiler S Machinery limits. i 9. Local Underwriters emphasize direct, open contact. 10. Damage to property of others is included while in your "care, i custody, and control", with values appropriately reported. 11, Written notice is not required in the event of loss. I i f 12. Coverage Enhancements can be added at any time. I ~ fI 1 1 I i J I I t i XII. CURRFNT ARKtJRI~UT POLICYHOLDERS CITY OF DENTON F CITY OF DALLAS GITY OF CARROLLTON { CITY OF AUSTIN F i CITY OF EL PASO CITY OF ODESSA r CENTRAL LOUISIANNA ELECTRIC C014PANY PUBLIC SERVICE OF SAN ANTONIO J I LOWER COLORADO RIVER AUTHORITY BRAZOS ELECTRIC POWER COOF t TEXAS INSTRUMENTS, INC. ~ I FRITO-LAY, INC. i 1 V r ISSUE DATE March 23, 1989 ARKWRI HT INSURANCE COMPANY Sheet A No. 1 Replacing Sheet No. Policy No. 390659 Effective Date January 1, 1999 Clause No. 1. INSURED CITY OF DENTON, TEXAS 2. COVERAGES , The coverage provided by this Policy are defined by the Forms and Endorsements attached to and forming a part of this Policy and apply only at locations described in the Schedule(s) attached to and forming a part of this Policy. l 3. PREMIUM PAYABLE Any return of premium accruing under this Policy, unless otherwise stated, shall be applied to the account of CITY OF DENTON, TEXAS, 4. LOSS PAYABLE f Loss, If any, on all property, unless otherwise stated, shall be payable to CITY OF DENTON, TEXAS. i f ~ 5. BOILER AND MACHINERY COVERAGE The following Object Group Descriptions apply under the terms of Section III of the Forms and Endorsements, and to locations covered for Boiler and Machinery Insurance as shown in the Schedules, attached to and forming a part of this Policy: i Group Code Group Description COMP-1 BOILERS AND METAL FIRED OR UNFIRED PRESSURE OR VACUUM VESSELS, ASME STAMPED FIBERGLASS REINFORCED PLASTIC UNFIRED PRESSURE VESSELS, METAL PRESSURE PIPING, ALL NORMALLY SUBJECT TO VACUUM OR INTERNAL + PRESSURE OTHER THAN STATIC PRESSURE OF CONSENTS, ' REFRIGERATING OR AIR'CONDITIONING SYSTEMS INCLUDING ADDITIONAL VESSELS AND PIPING, EXCLUDING: (1) WASTE J DISPOSAL PIPING; (2) ANY PIPING FORMING PART OF A FIRE PROTECTIVE SYSTEM; (3) ANY WATER PIPING OTHER THAN. (a) BOILER FEED WATER PIPING BETWEEN THE FEED PUMP OR INJECTOR AND THE BOILER; (b) BOILER CONDENSATE RETURN PIPING; (c) WATER PIPING FORMING PART OF A REFRIGERATING OR AIR CONDITIONING SYSTEM USED FOR COOLING, HUMIDIFYING OR SPACE HEATING PURPOSES. (SEE FORM 4561T) Loll,, 111, OP III* IrOIC1141 11V,110,1 J1 J 1 + 1 s Y k ISSUE DATE ARKVVRIGHT INSURANCE COMPANY March 23, 1989 r Sheet A No. 2 Replacing Sheet No. Policy No. 390659 Effective Date January 1, 1989 Clause No. p S. BOILER AND MACHINERY COVERAGE (Continued) Group Code Group Descri tp ion COMP-2 MECHANICAL OR ELECTRICAL MACHINES OR ELECTRICAL APPARATUS WHICH GENERATE, TRANSMIT, CONTROL, CONVERT OR RECEIVE MECHANICAL, ELECTRICAL, HYDRAULIC 01 PNEUMATIC ENERGY OR POWER, AND MACHINES WHICH IMPEL GASES OR FLUIDS, EXCLUDING: (1) VEHICLES; (2) ELEVATORS, HOISTS, CRANES, POWER SHOVELS, DRAGLINES, EXCAVATORS OR CONVEYORS TOGETHER WITH ANY MECHANICAL, ELECTRICAL OR HYDRAULIC APPARATUS MOUNTED ON THEIR FRAME OR COMMON BASE, OR FORMING AN INTEGRAL PART THEREOF, BUT NOT EXCLUDING ANY SEPARATELY MOUNTED AND CONNECTED DRIVING MOTOR, PUMP OR GEAR SET; (3) ALL BELTS, ROPES, NON-ELECTRICAL CABLES, AND CHAINS OF EVERY DESCRIPTION, CONSTRUCTION AND USE; (4) WELL CASINGS, PENSTOCKS OR DRAFT TUBES; (5) ELECTRONIC COMPUTERS, ELECTRONIC DATA PROCESSING EQUIPMENT, OR ELECTRONIC COMPUTER CONTROL EQUIPMENT; (6) ANY EQUIPMENT USED FOR TESTING, EXPERIMENTAL, RESEARCH, DIAGNOSTIC, THERAPEUTIC, SURGICAL, DENTAL OR PATHOLOGICAL PURPOSES; (7) X-RAY MACHINES, SPECTROGRAPHS, GAGES OR OTHER APPARATUS USING RADIOACTIVE MATERIALS; (8) RADIO OR TELEVISION APPARATUS; (9) PRECIPITATORS AND COAL PULVERIZERS; (10) MAINTENANCE AND PRODUCTION MACHINES WHICH PROCESS, FORM, SHAPE OR TRANSPORT RAW MATERIALS, MATERIALS IN PROCESS, WASTE MATERIALS OF THE PRODUCTION PROCESS OR FINISHED PRODUCTS TOGETHER WITH ANY MECHANICAL, ELECTRICAL OR HYDRAULIC APFARATUS MOUNTED ON THEIR FRAME OR COMMON BASE, OR FORMING AN INTEGRAL PART THEREOF, BUT NOT EXCLUDING, (a) ANY PRESSURE VESSEL f WHICH OTHERWISE WOULD BE INSURED, (b) THE PRIMARY DRIVING MOTOR, PUMP OR GEAR SET AND (c) PUMPS, COMPRESSORS, FANS OR BLOWERS WHICH ARE NOT AN INTEGRAL PART OF SUCH MACHINES. (SEE FORMS 4502T and 4503T) f ur•,n F 1111 d hAd 1~011-,1 11+4 01 it I i i ISSUE DATE March 23, 1989 ARKWRIGHT INSURANCE COMPANY I R Sheet A No. 5 Replacing Sheet No. Policy Effective Date January 1, 1989 Clause No. I 7. FORMS AND ENDORSEMENTS The following Forms and Endorsements are attached to and form o part of this Policy. Policy !I Form Edition Description Endorsement No. h 4000T Ill (7/87) Insuring Agreement 4000T DEC (7/87) Declarations 4501T (7/87) Object Definitions No. 1 - 1 Pressure k Refrigeration Objects 4502T (7/87) Object Definitions No. 4- 2 Turbine Objects 4503T (7/87) Object Definitions 3 No. 2 - Mechanical Objects and No. 3 - Electrical Objects ' ll i I ...........................................................................Authorized Underwriter i I I Utni a 44 H nn~ in0mtlu FIVA CA I J 1 1 f. p . y PN 390659 SECTION [D (Applicable to Boiler and Machinery Coverages Only As Defined in this Section of the Policy) INSURING AGREEMENT The Insuring Agreement, Conditions, Definitions and Special Provisions and other terms of this Section shall apply only as specified. None of the provisions, stipulations and other terms of the other Sections of this Policy shall apply. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we," "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to section F - DEFINITIONS. A. COVERAGE i We will pay for direct damage to Covered Property caused by a Covered Cause of Loss. 1. Covered Property Covered Property, as used in this Coverage Part, means any property that: a. You own; or b. Is in your care, custody or control and for which you are legally liable. In addition to paying for loss to this property, we will defend you against any claim or "suit" alleging liability for damage to this property, subject to the Defense and the ' Supplementary Payments provisions. 2. Covered Cause of Loss A Covereei Cause of Loss is an "accident" to an "object" shown in the Declarations. An "object" must be in use or connected ready for use at the location specified for it at the time of the "accident." l 3. Coverage Extensions a. Expediting Expenses With respect to your damaged Covered Property, we will pay the reasonable extra cost to: (1) Make temporary repairs: (2) Expedite permanent repairs; and (3) Expedite permanent replacement. We restrict the amount payable for Expediting Expenses as explained In the Limits of lnsuran.e section of this Coverage Form, f b. Automati•_ .-overage for A Newly Acquired Location i We will automatically cover an "accident" to an "object" at a newly acquired location. This automatic coverage begins at the time you acquire the property and continues for 90 days under the following conditions: (1) You must inform us, in writing, of the newly acquired location within 91) days of the date you acquire it; (2) The "object" must be in use or connected ready for use at the time of acquisition and throughout the period of automatic coverage and be of a type that would be Included in any "Object" Gr^up Description shown In the Declarations; Form 4000T-Section III PAGE 1 of 9 Edition July 1987 Y-W rVtl(1Y1t1CIl f (3) The Limit of Insurance and Deductible amount will be the highest amounts shown in the Declarations for the same tJpe of "object"; ~ (4) We will not be liable under this coverage for Consequential Damage, Business Interruption or any other indirect loss resulting from an "accident" to an "object"; and (5) You agree to pay an additional premium as determined by us. c. Defense If a claim or "suit" is brought against you alleging that you are liable for damage to property of another in your care, custody or control, that was directly caused by an "accident" to an "object", we will either: (1) Settle the claim or "suit"; or (2) Defend you against the claim or "suit", but keep for ourselves the right to settle it at any point. d. Supplementary Payments We will pay with respect to any claim or "suit" we defend: (1) All expenses we incur; (2) The cost of bonds to release attachments, but only for bond amounts within the Limit of Insurance. We do not have to furnish these bonds; I (3) All reasonable expenses incurred by you at our request to assist us In the investigation or defense of the claim or "suit", including actual loss of earnings up to $100 a day because of time off from work; (4) All costs taxed against you in any "suit" we defend; (5) Prejudgement interest awarded against you on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Insurance, we will not pay any prejudgment interest based on that period of time after the offer; ` and (6) All interest on the full amount of any judgment that accrues after entry of the i judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the Limit of Insurance shown in the Declarations. These payments will not reduce the Limit of Insurance. B. EXCLUSIONS We will not pay for; 1. Ordinance or Law Any increase in loss caused by or resulting from the enforcement of any ordinance, law, regulation, rule or ruling regulating or restricting repair, alteration, use, operation, construction or installation. 2. Nuclear Hazard Loss caused by or resulting from nuclear reaction or radiation, or radioactive III contamination, however caused. 3. War and Military Action Loss caused by or resulting from: li a. War, including undeclared or civil war; b. Warlike action by a military force, including action In hindering or defending , against an actual or exp.cted attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or 0-fending against any of these. Form 4000T-Section III PAGE 2 of 9 Edition July 1987 11" low 1 t~ 8ppr Ni I I p,]tKll`I 4, other EXCIuSIOns from an Loss caused by or resulting from; or resulting s11 covered by a An explosion. However, we will pay for loss caused by -id only to explosion of an' obje descria kind ondescribe ed below n tions Endorsement! this insurance and Explrsicn of any. ' (1) Steam boiler; enerator; (2) Electric steam g ~r1 (3) Steam plying; (4) Steam turbine; (5) Steam engine; centrifugal force Cr mechanica (F) Gas turbine; or machinery Caused by (7) Moving or rotating breakdown. a art of b, Fire or explosion that occurs at the same time as an "accident" or that ensues electrical equipment forming P from an ,accident". With respect to any c, this exclusion is changed to read; at th time as an same an "objet" ire or explosion outside the "ob}ectl' that occurs the F cident:' explosion or fire; "accident" or ensues from an "ac C, An "accident" that is the direct or indirect result of an e d ven when the attempt is , Plater or other means used to extinguish a fire, another policy of unsuccessful; that cause of loss if provided by Lightning, it coverage for ill pay insurance you have; for direct Flood, However, if an "e ~cidcause ent"d results f acc'.de flood, we w damage to covered Prop y "obact" while being tested, earth movement, including but not g, An "accident„ to any S „ or indirectly by eruption; ' h, An "accident caused ldirectl andslide, mudslide, subsidence or volcanic atop limited to earthquake, Lack of power, light, heat, steam or refrigeration; j ing or processing business, manufactur , A delay in, or an interruption of, any activity; or ~ . Any other indirect result of an "accident" to an "ob)e „any other cause or event k, j We will not pay for any loss X,jluded aove even loss- contributes though ontributes concurrently or in any EqUe i C. LIMITS OF INSURANCE Insurance shown more than the applicable Limit of the Declarations e accident". we will not pay that results from an}' "one all direct damage to covered property payment for direct tsmage to covered for this Coverag 2, The following coverage 1imitetions t our property are part of and not in addit I on to the Limit of Insurance Form, 1997 Edition July PAGE 3 of 9 Form 4000T-Section Ill J V low r ' rUtN11It1G1!'1' a. Expediting Expenses 1;,;, Our payment for Expediting Expenses will be limited to: (1) $5,000; or (2) What is left of the Limit of Insurance after we pay your loss for Covered Property damaged by an "accident"; whic.lever is less. b. Hazardous Substance Limitation The following applies despite the operation of the Ordinance or Law Exclusion. This limitation does not apply to damage, contamination or pollution caused by ' ammonia. I if Covered Property is damaged, contaminated or polluted as a reesult of an 4 "accident" to an "object" by a substance declared to be hazardous to health by an authorized governmental agency, the most we will pay for any additional expenses Incurred by you for clean up, repair or replacement or disposal of that property is $5,000. As used here, additional expenses mean expenses incurred beyond those for which we would be liable if no substance hazardous to health had been Involved. c. Ammonia Contamination Limitation If Covered Property is contaminated by ammonia as a result of an "accident" to 16 ' an "object", the most we %,!I] pay for this kind of damage, including salvage v i expense, is $5,000. r I d. Water Damage Limitation If Covered Property is damaged by water as a result of in "accident" to covered refrigerating or air conditioning vessels and piping, the most we will pay for this ` kind of damage, including salvage expense, is $50000. Any payment made under Section C will not increase if more than one insured is shown in the Declarations. D. DEDUCTIBLE i~ We will first subtract the deductible amount shown in the Declarations from the amount we would otherwise pay as a result of direct damage to Covered Property arising from an "accident". If more than one "object" Is Involved In "one accident", only the highest deductible will apply. E. CONDITIONS ' The following conditions apply: ! 1. Loss Conditions If ( i a. Duties In the Event of Loss or Damage You must see that the following are done In the event of loss or damage: (1) Give us a prompt notice of the loss or damage. Include a description of the property involved; (2) As soon as possible, give us a description of how, when and where the loss or damage occurred; Form 4000T-Section III PAGE 4 of 9 Edition July 1997 I J 1 1, r1RK~1'IZ1C11`!' (3) Allow us a reascaable time and opportunity to examine the property and premises before repairs are undertaken or physical evidence of the "accident" Is removed. You must take whatever measures are necessary for protection from further damage; (4) Permit us to Inspect the property and records; (5) If requested, permit us to question you under oath, at such times as may be reasonably required about any matter relating to this !nsurance or your claim, including your books and records. In such event, your answers must be signed; (6) Send us a signed, sworn statement of loss containing the information we request to settle the claim. You must do this within 60 days after our request; and (7) Cooperate with us in the investigation and settlement of the claim. b. Insurance Under Two or More Coverages If two or more of this policy's coverages apply to the same loss or damage, we will not pay more than the actual amount of the loss or damage subject to the Limit of Insurance. i c. Legal Action Against Us No one may bring a -legal action against us under this Coverage Part unless; (1) There has been full compliance with all the terms of this Coverage Part; and (2) The action is brought within 2 years after the date of the "accident", or (3) We agree in writing that you have an obligation to pay for the damage to Covered Property of others or until the amount of that obligation has been determined by final judgment or arbitration award. No one has the right under ` this policy to bring us into an action to determine your liability, d. Loss Payable Clause f (1) We will pay you and the loss payee shown in the Declarations for loss due to an "accident" to an "object", as interests may appear. The insurance covers the Interests of the loss payee unless the loss results from conversion, secretion or embezzlement on your part. (2) We may cancel the policy as allowed by the Cancellation Condition. Cancellation ends this agreement as to the loss payee's interest. If we cancel we will mail you and the loss payee the same advance notice. (3) If we make any payment to the loss payee, we will obtain their rights against _ any other party. e. Other Insurance ` i (1) You may have other insurance subject to the same plan, terms, conditions and .7 provisions as the insurance under this Coverage Part. If you do, we will pay our share of the covered loss'or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits of Insurance of all Insurance covering on the same basis. I ' (2) If there is other insurance covering the same loss or damage, other then that described in (1) above, we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance, whether you can collect on it or not. In no case will we pay more than the applicable Limit of Insurance. Form 4000T-Section III PAGE 5 of 9 Edition July 1987 I F V r r I tuun~~ni~r f. Transfer of Rights of Recovery Against Others to Us if any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another, those rights are transferred to us to the extent of our payment. That person or organization must ! do everything necessary to secure our rights and mus! do nothing after loss to Impair them. g. Valuation (1) We will pay you the amount you spend to repair or replace your property I directly damaged by an "accident." Our payment will be the smallest of: I (a) The Limit of Insurance (b) The cost at the time of the "accident" to repair the damaged property with , property of like kind, capacity, size and quality; (c) The cost at the time of the "accident" to replace the damaged property on the same site with other property: (1) Of like kind, capacity, size and quality; and (ii) Used for the same purpose; ` (d) The amount you actually spend that Is necessary to repair or replace the damaged property. (2) As respects any "object", if the cost of repairing or replacing only a part of the "object" is greater than: (a) The cost of repairing the "object'; or (b) The cost of replacing the entire "object" on the same site; J we will pay only the smaller of (a) or (b). The repair parts or replacement "object" must be: (c) Of like kind, capacity, size and quality; and (d) Used for the same purpose. + { (3) We will not pay you: (a) If the loss or damage is to property that is obsolete or useless to you: or i { (b) For any extra cost if you decide to repair or replace the damaged property with property of a better kind or quality or of larger capacity. (4) If you do not repair or replace the damaged property within 18 months after the date of the "accident", then we will pay only the smaller of the: (a) Cost it would have taken to repair; or (b) Actual cash value; 1 at the time of the "accident". Paragraph (4) does not apply to any time period beyond the 18 months that we agree to in writing. ` 2. General Conditions a. Additional Insured If a person or organization Is designated In this Coverage Part as an additional insured, we will cons=der them to be an Insured under this Coverage Part to the extent of their Interest. f b. BanJoruptcy The bankruptcy or insolvency of you or your estate will not relieve us of any obligation under this Coverage Part. Form 400OT-Section III PAGE 6 of 9 Edition July 1987 1 i r y I i t1RK11'1~ ~G111' c. Cancellation JJ 1. The first Named Insured Shown In the Declarations may cancel this policy by 1 mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation If we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation If we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing r address known to us. 4. Notice of :ancellation will state the effective date of cancellation. The IE I policy period will end on that date. 5. If this policy is cancelled, we will send the First Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even If-we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. j d. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is M authorized to make changes in the terms of this policy with our consent. This i policy's terms can be amended or waived only be endorsement Issued by us and f made a part of this policy. e. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at I any time during the policy period and up to three years afterward. f. Inspections and Surveys We have the right but are not obligated to: 1. Make inspections and surveys at any timi; 2. Give you reports on the conditions we find; and 3. Recommend changes. Any Inspections, surveys, reports or recommendation3 relate only to Insurability j and the premiums to be charged. We do not make safety Inspections. We do not I undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions; 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to us, but also to any rating, advisory, rate service or similar orgcnization which makes insurance inspections, surveys, reports or recommendations. I Form 4000T-Section III PAGE 7 of 9 Edition July 1987 1) 1 I S I i ~ 6TJP7f~°F`7 g. Object Group All "objects" in use or connected ready for use and included in an "Object" ~ Group Definition will be considered as individually described in the Declarations. The premiums for "objects" included in an "Object" Group Description will be adjusted as follows: (1) We will base the initial premium for these "objects" on information we obtain. The rates charged will be those in effect on the first day of coverage. (2) We will charge an additional premium for objects" that are added to the policy after the effective date of this policy. The additional premium for these "objects" will be computed pro rata. (3) We will allow a return premium for "objects" that are removed from the policy after the effective date of the policy. The return premium will be computed pro rata from the time the "objects" are disconnected. h. Policy Period, Coverage Territory Under this Coverage Part: (1) The "accident" must occur: (a) During the Policy Period shown in the Declarations; and (b) Within the coverage territory. (2) The coverage territory is. (a) The United States of America; and (b) Puerto Rico. i. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. The premium shown in the Declarations was computed based on rates In effect at the time the policy was issued. On each renewal, continuation, or anniversary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. If there are any changes during the first or any subsequent anniversary, the then applicable rates will apply. j. Representations By accepting this policy, you ag, ae: (1) The statements in the Declarations are accurate and complete; 4 (2) Those statements are based upon representations you made to us; and (3) We have Issued this policy in reliance upon your representations. k. Suspension Whenever an "object" is found to be in, or exposed to, a dangerous condition, any of our representatives may immediately suspend the Insurance against loss from an "accident" to that object." This can be done by delivering or mailing a written notice of suspensions to: (1) Your last known address; or (2) The address where the "object" is located. Form 4000T-Section III PAGE 8 of 9 Edition July 1987 Once suspended in this way, your insurance can be reinstated only by an endorsement for that "object." If we suspend your insurance, you will get a pro rata refund of premium for that "object." But the suspension will be effective even if we have not yet made or offered a refund. 1. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without written consent except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. F. DEFINITIONS 1. "Accident" means a sudden and accidental breakdown of the "object" or a part of the "object." At the time the breakdown occurs, it must manifest itself by physical damage to the "object" that necessitates repair or replacement. None of the following is an "accident": a. Depletion, deterioration, corrosion or erosion; b. Wear and tear; ` c. Leakage at any valve, fitting, shaft seal, gland packing, joint or connection; d. Breakdown of any vacuum tube, gas tube or brush; e. Breakdown of any electronic computer or electronic data processing equipment; f. Breakdown of any structure or foundation supporting the "object" or any of its parts; g. The functioning of any safety or protective device. Turbine Units have separate definitions of "accident." If insured, refer to the Turbine Units Object Definitions Endorsements. If a strike, riot, civil commotion, act of sabotage or vandalism results in an „aceldent" this insurance applies. However, the War or Military Action Exclusion and the conditions of this Coverage Part still apply. 2. "Object" means the equipment shown in the Declarations. Full description of --"1 specific "object" categories are found in the Object Definitions endorsement 1 {1 attached to this Coverage Form. {I 3. "One Accident" means: S If an initial accident causes other accidents all will be considered "one accident." All accidents at any one location that manifest themselves at the same time and are the result of the same cause will be considered "one accident." 4. "Suit" means a civil proceeding to which this insurance applies *.nd that may Include an arbitration proceeding to which you must submit with our consent. ARKWRIGHT INSURANCE COMPANY Form Ip00T-I,man in PAC! 0 d 1 to ttm lute 'HI fIM 00 25 11 15; i V f ! PN 300659 5 +'I 4•.. BOILER AND MACHINERY COVERAGE FORM DECLARATIONS POLICY NO. 390659 NAMED INSURED CITY OF DENTON, TEXAS MAILING ADDRESS 215 E. McKinney Street ` Denton, Texas 76201 IrL POLICY PERIOD: From January 1, 1989 to January 1, 1992 at 12:01 A.M. Standard Time at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMIT OF INSURANCE $10,0001000 PREMIUM See Policy Summary DEDUCTIBLE Sec Location Schedule(s) BUSINESS DESCRIPTION STEAM AND ELECTRIC POWER PLANTS MORTGAGE HOLDER NONE i MORTGAGE HOLDER ADDRESS ..t" LOSS PAYEE NONE LOSS PAYEE ADDRESS - SCHEDULE LOCATION OF THE "OBJECTS" SHOWN BELOW: See Location Schedules SECTION (1) GROUP DESCRIPTION OR DESCRIPTION OF "OBJECT" (1) COVERAGE (2) ` (1) GROUP CODES} I COMP-, COMP-2 MM-lA (1) See Clause No. 5 on Sheet A for Section(s) and complete Group and Object Description(s). (2) See Location Schedule(s) for Coverage(s). FORMS APPLICABLE TO BOILER AND MACHINERY COVERAGE PART See Clause No. 7 on Sheet A. SPECIAL PROVISIONS, IF ANY i 1. Form 4502T - BREAKDOWN COVERAGE Expediting Expenses Limit -See Clause No. 6 on Sheet A ~!2 r• ~ ARRWRIGHT INSURANCE COMPANY i IA;! 1 01 1 t4loem J1.0 1991 l,im 9900TIII OlC 4 1 ~utrci~~riGUr Policy Endorsement No. I .r OBJECT DEFINITIONS NO. 1 - PRESSURE AND REFRIGERATION OBJECTS This endorsement applies to Section III of the Policy. 1. BOILERS, FIRED VESSELS AND ELECTRIC STEAM GENERATORS a. "Object" means: Any boiler, fired vessel 'or electric steam generator shown in the Declarations and includes any: (1) Steel economizer used solely with them; (2) Steam boiler piping valves, fittings, traps and separators; but only If they: (a) Are on your premises or between parts of your premises; and (b) Contain steam or its condensate generated in whole or In part in an "object"; and (3) Feed water piping between any steam boiler and a feed pump or Injector. ` b. "Object" does not means (1) Any part not containing steam or water; (2) Any boiler setting; (3) Ary insulating or refractory material; (4) Any piping not containing steam or steam condensate; (5) Any buried piping; (6) Piping, radiators, coils, vessels or apparatus, other than those Included above; (7) Any reciprocating or rotating machine; or (8) Any electrical apparatus. I c. Any of the following vessels listed below are Included within the provisions of this section I when used with an "object." (1) Condensate return tank; (2) Cushion or expansion tank used with a hot water heating boiler; and (3) Indirect water heater tank used for hot water supply service but only if its (a) Is directly in the water circulating system of the "object" it Is used with; and (b) Does not form part of a storage water tank. d. For any boiler or fired vessel, the furnace of the "object" and the gas passages from there to the atmosphere will be considered as outside the "object." e. An "object" using a heat transfer medium other than water or steam will be covered as though the medium were water or steam. 2. UNFIRED VESSELS a. "Object" means any unfired vessel shown in the Declarations. However, "object" does not Include any: (1) Electric steam generator; (2) Part of a vessel that Is not under: (a) Pressure of the contents of the vessel; or { (b) Internal vacuum; (3) Insulating or refractory material; (4) Reciprocating or rotating apparatus within or forming a part of the vessel; (5) Electrical apparatus within or forming a part of the vessel; Form4501T PAGE 1 OF 3 Editi. a July 1987 t d rV~l(11'IZ Gllt' I (6) Piping leading to and from the vessel; (7) Buried vessels or piping; (8) Cylinder containing a movable plunger or piston; or (9) Vessel, radiator, inductor, convector or coil connected to or used with a refrigerating or air conditioning system, b. We will consider that the - connected ready for use - requirement of the coverage form and its endorsements has been met by an "object" in this section if that "object" Is: (1) Periodically filled, moved, emotied and refilled in the course of its normal service; and (2) Used for storage of gas or liquid. 3. REFRIGERATING AND AIR CONDITIONING VESSELS AND PIPING r a. "Object" means any refrigerating or air conditioning vessel and piping shown In the Declarations consisting of: (1) interconnected vessels, coils and piping that contain refrigerant; (2) Vessels heated directly or indirectly that; (a) Form part of an absorption type system; and (b) Function as a generator, regenerator or concentrator; and (3) Valves and fittings. 4 When the "object" is an absorption system, it also includes hermetic solution pumps, hermetic evaporator refrigerant pumps and purge pumps (or compressors) together with their driving electric motors. If the Declarations shown - Additional Vessels and Piping Included - "object" will also Include: f (4) Vessels, radiators, coils and all interconnectiri, piping along with their values and i fittings that are connected to or used with the system and within which steam, water, brine or other solution is circulated for cooling, humidity control or space heating. When a vessel uses a heat transfer medium other than water or steam we will consider the medium o, Its vapor as substitutes for the words-water or steam-as used in this Section. b. However, "object" does not Include any: (1) Boller; (2) Steam piping; (3) Reciprocating or rotating machine or apparatus; (4) Flectrical apparatus except as Included In paragraph (3) above; (5) Electronic computer or electronic data processing equipment as well as, any hose, flexible device or nonmetallic pipe connected to such apparatus; (6) Vessel, cooling tower, reservoir or other source of supply of cooling water for a condenser or compressor as well as say water piping leading to or from such a source of supply; or i (7) Buried vessels or piping. 4. AUMLIARY PIPING a. Object means any piping shown in the Declarations including any valve, fitting, trap or separator on the piping. b. However, "object" does not include any. (1) Radiator, convector, coil or other vessel or apparatus connected to that piping; or (2) Buried piping. Form4501T PAGE 2 OF 3 Edition July 1987 A lliffi id,G 5. SMALL COMPRESSING AND REFRIGERATING UNITS a. "Object" means any small compressing or refrigerating unit shown In the Declarations, (n:.t over 15 h.p. - maximum nameplate rating); b. However, "object" does not include any wiring or piping leading to and from the unit. 6. AIR CONDITIONING UNITS a. "Object" means any air conditioning unit shown in the Declarations (not over 600,000 Btu per !I-ur - maximum nameplate rating) and including any; (1) Interconnected vessels, radiators, inductors, convectors and coils that make use of a refrigerant, steam, water, brine or other solution and form part of the unit; (2) Interconnecting piping, valves and fittings containing only a refrigerant, water, brine or other solution; ~ {3} Vessels heated directly or indirectly that: (a) Form part of an absorption type unit; and 1 (b) Function as a generator, regenerator or concentrator; i (4) Compressors, pumps, fans and blowers used solely with the unit together with { their driving electric motors; and (5) Control equipment used solely with the unit. 1 b. However, "object" does not include any: I~ (1) Boiler; ding supprlyfroofmcosucoling a source rof E (2) Steam piping; water (3) cVesse, ondenser cooling tower, water source of supply; (4) Wiring or piping leading to or from the unit; or (5) Electronic computer or electronic data processing equipment. i ARKWRIOHT INSURANCE COMPANY 1 v I f Jpl4m JYI, 1011 lA:e 1 01 7 lmm~S01T 11M 09 71 11 651 T=om lyw- --own" PN 390659 Policy Endorsement No. 2 OBJECT DEF1141TIONS NO. 4 - TURBINE OBJECTS This endorsement applies to Section III of the Policy. J TURBINE UNITS it 1. "Object"i a. Means any turbine unit shown In the Declarations Including any: (1) Turbine; (2) Combustor, precooler, intercooler, regenerator or heat exchanger of a gas turbine unit; (3) Electric generator, pump, compressor, fan, blower, wheel or gear on: (a) Any shaft of the driving turbine or turbines; or tib) A shaft connected to any of the driving turbines by a coupling, clutch or rea set; (4) Mechanical or hydraulic governing mechanism together with any electric motor used solely with the governing mechanism; (5) Auxiliary apparatus mounted on the unit or the bed or frame of the unit; f (6) Lubricati,., oil pump, fuel pump or pump for circulating coolant, if used solely for l1 the unit and any machine driving such a pump; (7) Auxiliary electric motor, steam turbine or other apparatus used solely to rotate the 1 driving turbine or turbines for starting or maintenance purposes; (8) Apparatus used solely to scavenge a gas turbine unit; i (9) Shaft that froms a part of the unit or connects parts of the unit together with nny coupling, clutch, bearing, gear or gear set on such a shaft; and (10) Interconnecting wiring, piping or ducts between parts of the unit and mounted on the E unit. b. Does not include any: (1) Machines or other apparatus other than those included in paragraphs 1.(1) through (10) above; (2) Electronic computer or electronic data processing equipment; (3) Wiring, piping or ducts leading to or from the unit; (4) Condenser, its connecting pipe or siapter; (5) Penstock or draft tube; or (6) Boiler using exhaust gases from any gas turbine unit. There are two definitions of "accident" for turbine uni'a, c. When the word - BREAKDOWN - Is shown in the Declarations the following definitien of "accident" applies to those units: "Accident" means a sudden and accidental breakdown of the "object" or a prrt of the "object." At the time the breakdown occurs, it must manifest itself by physical damage to the "object" that necessitates repair or replacement. None of the following is an "accident" 3 (1) Depletion, deterioration, corrosion or errosion; (2) Wear and tear; (3) Leakage at any valve, fitting, shaft seal, gland packing, joint or connection; (4) Rreakdown of any vacuum tube, gas tub! or brush; (5) Breakdown of any electronic computer or electronic data processing equipment; (6) Breakdown of any structure or fcundati» supporting the "object" or any of Its parts; Fcrin 4502T PAGE 1 of 2 Edition July 1967 i I I I t r ~ ew!>evcrarea>•n ARI~YR1GIFf I (7) The functioning of any safety or protective device. (8) The cracking of any part of a gas turbine exposed to the products of combustion. d. When the word - EXPLOSION - Is shown In the Declarations the following definition of "accident" applies to those units. "Accident" means a sudden and accidental: a. Tearing asunder of any casing, combustor, duct, piping, precooler, intercooler, regenerator, or heat exchanger, forming a part of a gas turbine, caused by pressure of gas, liquid or vapor therein, but not the tearing asunder of any gasket, rupture disc, shaft seal or seal strip; and cracking does not mean tearing asunder; b. Breaking of the casing of any driving turbine, or the casing of any driven compressor or any auxiliary turbine of the "object", Into two or more separate parts, but not the breaking of any gasket, rupture disc, shaft seal, seal strip or diaphragm; or c. Preaking of any spindle, rotor or shaft of the "object", Into two or more separate parts, but not the breaking of any blade, bucket or vane whether or not it forms a part of such spindle, rotor or shaft, of any shroud ring or other fastening, or of any gear or coupling, nor the loosening of any assembled parts, nor the breaking or loosening of any electrical conductor or its Insulation, or of any band wire, retair:ng ring, wedge, or their fastenings. S9e will not pay for the repair or replacement of any electrical conductor or its insulation, or of any band wire, retaining ring wedge, or their fastening, if that repair or replacement is r' made necessary as a result of an "accident" to an "object." "Accident" does not mean: a. Depletion, deterioration, corrosion or errosion of material; b. Wear and tear; or The breaking of any structure or foundation supporting the "object" or any part of the "object." I ARKWRIGHT INSURANCE COMPANY 1 I i I i h•m 4501T 1A0t 7 of 7 [mlo. JV1Y 1117 I 11M 00 71 11 Is) I i ir low 1 ARKIVRIGH PN 390659 Policy Endorsement No. 3 OBJECT DEFINITIONS NO. 2 - MECHANICAL OBJECTS M AND OBJECT DEFINITIONS NO, 3 - ELECTRICAL OBJECTS This endorsement applies to Section Ili of the Policy. SECTION A (BM 00 27 11 85) 1. DEEP-WELL PUMP UNITS a. "Object" means any deep-well pump unit shown in the Declarations Including anyi (1) Nonrotating equipment used solely to start, stop or control the driving electric motor of the unit; and (2) Electrical conductors connecting the equipment and motor. b. However, "object" does not include any, (1) Other electrical conductor; (2) Electronic computer or electronic processing equipment; (3) Piping leading to or from the unit; (4) Mechanism, appliance or shaft connected to the unit; or (5) Well casing. 2. MISCELLANEOUS MACHINES, GEAR WHEELS AND ENCLOSED GEAR SETS a. "Object" means any machine shown in the Declarations including any control apparatus mounted on that machine. r ! b. However, "object" does not mean enys (1) Mechanism or other apparatus connected to the machine, other than control apparatus included above; h (2) Shaft on which a machine described as a gear wheel is mounted or the bearing on any such shaft; (3) Electrical apparatus; (4) Electronic computer or electronic data processing equipment unless used solely to govern or control the machine; (5) Felt, wire, screen, die, extrusion plate, swing hammer, grinding disc, cutting blade, . ' chain, belt, clutch plate, brake pad, or any part or tool subject to frequent, periodic replacement; or (6) Piping or duct leading to or from the machine. 3. ENGINES, PUMPS, COMPRESSORS, FANS AND BLOWERS a. "Object" means any machine shown in the Declarations including any: (1) Auxiliary or control apparatus mounted on that machine or the bed or frame of that I~ machine; (2) Auxiliary electric motor or other apparatus used solely to rotate that machine for starting or maintenance purposes; (3) Lubricating oil pump or fuel pump and Its driving electric motor If used solely for that machine; and I I Form 4503T PAOE 1 of 3 E:ition July 1941 r. i r11~fi11'7~GIIT (4) When the machine Is a reciprocating pump or a reciprocating compressor and: (a) Forms an integral part of a steam engine or internal combustion engine; or (b) Is connected to such an engine by a coupling clutch or gear set; then (c) "Object" also includes the driving engine and any interconnecting coupling, clutch or gear set. b. However, "object" does not Include any, (1) Apparatus connected to tl!e machine, other than auxiliary or control apparatus included under a.(1) above; (2) Electrical apparatus other than electric motors included under a.(2) and (3) above; (3) Air tank; j i (4) Electronic computer or electronic data processing equipment; (5) Condenser or its adapter; (6) Piping or duct leading to or from the machine; or (7) Well casing. 4. WHEELS AND SHAFTING "Object" means any wheel (except gear wheels) or shaft shown in the Declarations including any: e. Rotating part or parts of any wheel, pulley, disc or coupling excluding the shaft it Is mounted on, the bearings for that shaft and any cutting blade; and b. Rotating shaft and Its couplings and bearings. t SECTION B (BM 00 28 1185) 1. ROTATING ELECTRICAL MACHINES, TRANSFORMERS, AND INDUCTION FEEDER REGULATORS a. "Object" means any rotating electrical machine, transformer or Induction feeder regulator shown In the Declarations. For any rotating electrical machines, "object" also includes any: (I) Exciter that is: (a) Mechanically connected to that machine; and (b) Used solely for excitation of that machine; (2) Shaft of that machine and any gear, wheel or magnetic brake mechanism on the shaft or on the frame of that machine, if the shaft d,.as not form an Integral part of i any other machine; (3) Continuous shaft that: (a) Forms an integral part of that machine; and (b) Also forms an integral part of another rotating electric machine including any I gear, wheel or magnetic brake mechanism on the shaft or on the frame of that machine; ' (4) Shaft coupled to that machine Including the couplings and bearings on it, if there Is no mechanism other than a coupling on the shaft; and (5) Nonrotating equipment used solely to start, stop or control any motor shown in the Declarations Including all electrical conductors connecting such equipment with that motor provided that control equipment does not form a part of a switchboard, cubicle or bus structure controlling any electrical machine other than the motor. c Form 4503T PAGE 2 of 3 Edition July 1987 1 1 111 L 4 r1RK1S'i~Gll f' 2. MISCELLANEOUS ELECTRICAL APPARATUS 1 a. 11Ob)ect" means any electrical apparatus shown in the Declarations Including any: (1) Rotating electrical machine used solely to operate a part of the apparatus; and (2) Instrument transformer. b. However, "ob)ect" does not Include any: (1) Rotating electrical tnachine other than a machine included above; (2) Transformer other than an Instrument transformer Included above; 1 (3) Induction feeder regulator; r (4) Electronic computer or electronic data processing equipment; (5) Solid state rectifier unitl (6) Conduit; (7) Electrical conductors or piping leading to or from such apparatus; or (8) Cabinet or compartment in which any part of the apparatus is installed. 3: SOLID STATE RECTIFIER UNITS a. "Object" means any solid state rectifier unit shown In the Declarations Including any: (1) Rectifier; (2) Transformer used solely with the unit, other than an are-furnace transformer; (3) Heat exchanger used solely with the unit together with its Interconnected vessels, y coils and piping; (4) Cooling fan or pump and its driving electric motor if wed solely with the unitl and (5) Electrical conductors connecting parts of the unit. I b. However, "abject" does not mean any: t (1) Electrical conductor or piping leading to or from the unit; (2) Electronic computer or electronic data processing equipment; (3) Equipment or apparatus other than that listed in paragraphs a.(1) through (5) above; or (4) Cabinet or compartment on or in which any part of the unit is installed. 1 I A.RKWRIGHT INSURANCE COMPANY i i nprn e567T rr Gl f e• ~ ta~no. Jul, 1061 K q H a ~y l 44 I I ( j t l I I F I i u September 13, 1989 CITY COUNCIL REPORT FORMAT TU: The Honorable Mayor and Members of the City Council FRUM: Lloyd V. Harrell, City Manager SUBJECT: FLEET PHYSICAL DAMAGE CUVExAG1 Recommendatiun: Staff recommends accepting the insurance proposal of Employers Casualty Company for Automobile Physical Damage Coverage and Contractors Equipment Floater coverage. Summary: Employers Casualty Company provided us with the only proposal for the above mentioned coverages. Ineir proposal is for automobile and heavy equipment excess physical damage insurance. The City ha3 more than 2U0 automobiles and equipment ranging in value from $15,000 to $402,693 that will oe covered by this insurance. This eliminates a financial burdened for the Motor Pool Replacement fund. j Programs, Departments or Groups Affected: The departments with vehicles or equipment with $15,000 value or more will be affected. Fiscal Impact: The Insurance fund will pay the $22,649 premium, Respect lly submitted: ` / Prepared by: Lloy narrell~E City Manager proved: i hn N. Mcbrane xecutlve Director of Ninance 4853F s V t NO. AN ORDINANCE ACCEPTING THE PROPOSAL OF EMPLOYERS CASUALTY COMPANY FOR AUTOMOBILE PHY£ICAL DAMAGE COVERAGE AND CONTRACTORS EQUIPMENT FLOATER INSURANCE COVERAGE FOR THE CITY; AUTHORIZING THE EXPENDITURE OF FUNi:d THEREFORE; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the proposals of Employers Casualty Company ~y for automobile physical damage coverage and contractors equipment 1 floater insurance coverage, copies of which are attached hereto and incorporated by reference herein, are hereby accepted. SECTION II. That the City Council hereby authorizes the expenditures of funds in the manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _ , 1989. f RAY STEPHENS, MAYOR 3 ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL'FORMs DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: 9/14/89 ! AW 11 j u Proposal City of Denton Contractors Equipment Floater Name of rorori~(I Insornr: Employers Casu,'Ilty Company Current Best Raring: A VIII i Limit $2,472,209 $ 160,000 New Acquisitions Limit Coverage Quoted: All Risk_., Deductible: 510,000 Annual Premium: $12,361 The Leaned nr Rented 'equipment Endorsement may be added for a minimum premium of $300, with a $1.00 rate, i Date: _9-7_69 Agent: Don Aiken i I , r v YCkSiSNERMArd TEL: 21 14-3'32-6503 >zp !21.89 1435 Pdo.013 P.02102 ~ 6., A Proposal city or Denton Automobile Physical Damage Caveera,9 Name o: P:opcsed insurer: Omp lovers C~sunlt4 C6m0a_y CurrQnt 343t Rating: _A Vriz Coverage quoted: 52,400 dedae*ible C lisio PE-9-1"Il-S Annual ?.4rium #lQ.2fl$ This quotat:en is based on 8L vehic;es which where taken from a schedule pLividsd by the City. NOTES Quota excludes all police vehicles classified 7911 i Dater Agan:: Don Aiken I ~ f i 1 j . I 4 EMPLOYERS/SHERMAN TEL: 214-892-6593 $ep 14,89 15:00 N3,004 P.02i1 PWSINESS AUTO COVERAGE FOG"" DECLARATIONS SPECIMEN POLICY 914PL0Y1111 CASUALTY COMPANY 1501 YOUNG STREW DALLAS. TEXAS 75202 10 ff Policy No. NAP Renews Number lo_ ~4 u ITEM ONE-NAMED INSURED AND MAILING ADORE$$ iNO, trwi, *ar~ ar Cw, Cw~rv. r_ CITY OF DENTON O'STuo;~I 41M 901-8 TEXAS STREET DENTON, TEXAS 76201 IALIS otilo:'~ I A! OOEI_ MINo111~ r:.. Polloy Period; From SPECIMEN POLICY to SPECIMEN POLICY at 12,01 A.M. Standard T1nia's!'your malRn9 address shown above. Form of Business; INDIVIDUAL IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE IN THIS POLICY, I 1 ITEM TWO-SCHEOULN OF COVERAGES Tors 0011ey D OvIoe only U1MSe crnra¢et w4ro a onarpe ,1 mown in she oremlum column Chow. ANO COVIR90 AUTOS lack of toile oorerOQes wig sooty only !o hose auloa mown AI covered auloa. Aulos are mown ~ a e4v9'e4 IWOe for a oanwuiav oev"08 r4 antryof 0M or more of Ce tymodw from Na COv. 1 EAEDAUTOS WI omOlT,eOvW867Au+ourMf6geFormreAb l~nyneofMedOverdge COVERED AUTOS dmry er eN a Tel ar r>•o ~YT• LIMIT COVIRAOES aW „oTnrCOvep10 w7of THE MOST WE WILL PAY FOR ANY 004 PREMIUM Uc+o~auMaun~rwwa ACCIDENY CA LOSS Cnaat~tam Non r~ir► 1 r LIABILITY aodlfyImlury tac~peraM eacnaooldanl a N/A Property OamaQa 1 eacn 110040'ent Comolned L-010y 1 even aeokent PERSONAL INJURY PROTECTION N/A LPJ.PI S 1 NIA AUTO ME04CAL PAYMENTS UMNSURED~UNOEAINSUAED MOTOAIBTS ry BOdllylnlury a aacnpereorVl IaehaCCldenl S N/A I AHYSICALDAMAOE STATEOAMOUNTI ' ACTUAL CASH VALUE GA COST 1 N/A ` 00MPAEHIN31VECOVCAA06 OFAEPALIA WHICHIMISLiSS. MINUS I Did. root EACH COaAED AUTO BUT NO DEDUCTIBLE APPUES TO LO" CAUSED BY FIRI 0R UGSTN I NO.' PHYSICALOAMA01 STATEOAMMNTI ACTVALCASITYALUROA0037 S INCLUDED SPEC;FitoCAUSESOF OFAEPAIR,WHICHEVER 14LES8,MINUS t250". FOR N COLLISIO LOSS COVERAOE EACH COVERED AUTO FOR LOBS CAUSED BY MISCHIEF ORVANDALISM! PREMIUM 1 PNYSsCALOAMA01 STATIDAMOVNTS ACTUAL CA4$1VALl1IORCOST 1 CCUIb10NCOVERAO1 OFAEPAIR,WHICHBYER:BLESS. MENUS1s1~l000004FOR 100268 EACH COVEA:O AUTO' PHY SIC AL D AM AO E TO W INO AND N/A I LABOR 1 Ice each disaVemerlof a"Ats0~Qoreate. Is ENDORSEMENTS ATTACHEO TO THIA POLcY; PAEMIUMFOAENDOABEMENTS 1 h/TryT NOw~h paYlNe1 a+ne►enee. ESTIMATED TOTAL PREMIUM 1 10,299 'IM RLN Poua row Mne or tbro+M AyTCI NOTEI If The City of Denton had a total loos of a firs truck at Actual Cash Value of 1200,0000 The City of Denton would receive at the time of lose, 1190,000 compensation, LxANPLEI ACTUAL CASH VALUEI 1200,000 DEDUCTIBLE) ~10j000 Ceuri*iW ALLAS,TEXAS I COMPENSATIONI, 119b,006 `Jf(CA~ ZN!l d, AmAaie~OaprWnurtio I TNESB OECLAAATIONSTOOETHEA WITH TM POLICY JACKET. BUSINE51AUTO CSV,MOI FORM AND FOAMSANCDINOORSEMENTS,IPANY, ISSUEOTOP RMAPARTTHEREOP,COM L[TITH A OVENVMBtAEDPOLICY (13USINE9S AUTO DECLARATIONS CONTINUED ON BACK) OCLIC0 NU08101 SAP . e0ov roe 914tetCt n/Reef i w I EMPLOYERS/SHERMAN TEL: 214-892-6593 Sep 14.5'd 1500 N0.004 P,0a1 l T100 316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE HEAD IT CAREFULLY. 1 AMENDATORY ENDORSEMENT TEXAS This 6nd0rsemenl moakes -nsurance provided w(litle, rho following: WSIW$$ AUTO COVUA4110f1M TAUCNIAS CO MAGI FOAM This endoreemsnt changes the policy effective on the irruption dote of th• policy unless anothv dale is ndicated below; Endorsement Effective Policy Number Named Insured COuntlrfi Md It 1 lAuthaite0 AepNsentauvel 1 CHANGIS N NCTiON Q - LIAS UTY COYIAAGI - C. - LIMIT Of INWAANCI is changed to read It seporals binds of irivancit for bodily injury and properly dnmage liability ore shown in the Schedule or in the Declarations tar this coverage tegordlefs OI the numbef of covered outoo, Lwate4s, premiums poid, claims made or vehicles irivoNed in the 84414601, the limit of insurance is at foeowr. 1. The moil we wit pay for all damages yesuhw•g from Way in~ry to any one person caused by any one e4el4eN,s the lima of Bodty !merry liability shown in the Schedule or in the zlwotions for each person, 3. Subject to the lima few each person, the ma+ ws will pay foe ON damages resde'' from k#401 W46ry caused by any one eteldeM is the limit of Bodily" Liability Mown in the Schedule of in the 010clarations for each eeei4m- I. The most we wIA pay for all damages rewi-Mg from ►t"arty denies caused by any, one eteNwo Is the lima of Property Damage Gabilit y shown in the Schedute cr in the Oeckrations, t If the limit of insurance shown in the Schedule or in the Dukrofons far thn coveroge is for combined bodily 6ttury and j properly damage Aohihry regardless of the number of covered VA", htuw4e, premiums pad, clams made of vehicles involved w+ the «eldent, the most we will pay for all damages rewhinp from any one eeel4ent Is rho limit el k+ewonee foe Liability Coverage shown in the 54hedult w 0 the Dedarot4irs. All b411y hnlwy and MNertr dowspe reeultinpp from continuous or ropeoted e.poswe to substantially the some conditions %A be considered as rnultny from one set; am, FOAM TI 00 110 AMIfe0ATA0lIll' IINOORSIMINT TWIN OMf Y. PUAR AIAO IT CARIFULLY. Twee Steatfet4 AwtenitoUs f+NereaneM Freferile4 Oct"" I, 1ff♦ill . i i' 5 r 3 4 ENPLOYERVSHERnAN TEL; 214-392-6593 Sep-14 89 15,00 No,004 P,04i1 1 TE 00 32A I~ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT - TEXAS 1 Thus endorsement modibef insurance provided under the fadow3ny; I 10HISS AUTO COVIRAW FOAM OARA01 COV1111i FORM TAUCKIAS COVIRA01 FORM This endorsement Changes the poky effective on the inception dare of the policy unless ono'her dote is indicated below: ^1 Endorsement El(eCr;ve Poky Numbs Named Insured ~~~111 ~ ~ COW1tsf y ~a~~ (Authorised Representative) ! CHANAIS N COMMON POLICY CONDMONS - A. CANCELLATION is changed to read: A. CANCILLATION OR NON41isIWAL j Paagraph 3. is changed to read: i We may cancel or man-renew as fokowx e, Can<etbt)on (1) We may Conte! IM pokey by moiling of de6vpIng to the first Named Insured written notice of tanteAwlon, r1 stating the reason far cancellation, at least 10 days before the effective dots of cancellation. (2) If this Poky has been in effect tot 60 or fewer days, we may Ponce( for any reason. (S) M this pokey has been in effect for mare than 60 days, we moy cancel only for one or more of the following reasans; (e) Frau4 in obtaining coverage; (1) f'1Jure to play premiums when due; (c) An lntreose In hasord within the Control of the %mtd which w*44 produce on increose in rate; (4 loss of our reinsurane• Covering all of part of the risk covered by the Dopey; a (e) If we have been plated in suporvlsion, tonservarorsho or receivership and the cancellation of non• renewal is approved at d'rected by the supervisor, Cona(vator of tecoNer, 1. Non-Aenewal 11) We moy elect not to renew thin popsy by rnoli'rtg at depvs,N to the first Named Insured, of the lost mcang address known tow, written notice of non{enswar, stating the reason Ia na -rMewol, at least 60 days before the expiration dote. It notice is mailed or delivered lets thou 60 days before 1144 pirocon date, this pokey will roman h effect unti the 61st day ohet the date an which the noliee Is malted or depveted. Earned premium for any perlod of coverage that exten4s beyond the expiration dote will be computed pro Pala based on the prevfous year's pterNum. 11 (P) M notice is moil/d, proof of mot" p t wits be sufficient root 04 notce. FORM T10012A w tM§ 1N00AS1MINT Ct:ANQ% TH1 F01i M AAU AfAO IT CA09MA V. AMENDATORY IN- DORSIMIHT - "XA1 Tomes $fenlerl Attombxe Inollov$ M Presenud Ostelw 1, IM I l I A a EMPLOYERS/SHERMPN TEL: 214-892-6593 Sep 14,89 15;00 No,004 P,05i1 TI 00 33A THIS ENDORSAMENDATORYI!MENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, INDORSEMENT TEXAS - t The endorsement modifies Inwrance INSURED CONTRACT Provided under the foilowhp: ' !!SWISS AUTO COVIR=Ift,, + ft TIIUCKIR3 COVUlAGI I I's end orsanent Chan es the policy 04014e on the 0Ception dote of the potity unless anoth Endorsement Effective e► date Is indicated below, Policy Number Named Insured i 1 Countersigned by GkAHG13 W dIFMITION3 (Authorlied Representative) OUSINESS AUTO COVERAGE FORM SECTION VA, TRUCKERS COVERAGE FORM - SECTK)N "A. j j is changed to read t. Wwed eenb•ct means; j 1• A hose of premises; 3• A sidetrack agreement y S• M easement Or license ogreemenf in connection with veNcre or pedestrian private railroad crouimp of grade; 4. to of MY o other IOoad; Umenf agreement, exUpf in toM000n with Construction or demollNon operations on or within 50 { S. M lndemrufkation of o nwnk+poRry as re f. That port of any tontraCt a agreement eniendb din utte, an OF ett lrt connectors with work ter a muttklpe~' perta hat to the rental ri hose of on F y ewe; or porf your business, by yap of any of yaw employees Thal Pon of Ony other contract a agreement pertjVOW business Of ono then io pay damnges to because the o/ ledly hjwy or under which grNment is mode prior em- to a thirdperson cra n alee if sort tract a' by low h the absence of any contra c~grjern#Mf d ~ T liability moo" a RaDt7~ t contract M itgwed eeetre•t does not include that port of any Contract or agreement; that would be imposed t. That pertains to the loan, hate of rental of on e• rented with driver, or q to you Of any of your smployws, if the etM h loaned, I•esed or Tha 9alf u @r Of lo <e i4d VAS Ovi o saute agtirrfrory that pe son ornorr tbnpie a thorf lohr serve ~p eu for 11 ' ~1 authority, I 'i'II I Y public I 1 1 FOAM 11 00 33A - THS INOONSIMINT CNAMNS Tht POLICY, PLIA31 RIAD R CARL D0R3IMINT - TIXAS - INSURID CONTRACT WY, AMtNDATORY IN. i Teeee JfoQ*d Awemoble Ind•MettwV F»wtbed Mertb ISO 11N J I I i p ~ EMPLOYFRS/SHERMAN TEL: 214-892-6593 Sep 14,89 15,00 No.004 P.06i1 T[ 99 i0A SUPPLEMENTARY DEATH 9EN[FIT This emdorsememf modilgs inifulamco provldod under the folowing: MIDICAL IAYMINT P RlONAL NA AY MIOTICTION AUTOMOaIU DIAT11 INDIM11i AND TOTAL 011A11LITY COVIIII This ando stment chomps the potty effective on the inception data of the paGcy unites onc,her date Is indicated below: Endonemtnf Itfective Poky Number Named Insured CounNrsigned by fAuthonted Repftsenrohvet A. COVUAG We will Pay under the provisions of perwat inijry prartttion insurance, medical payment insurci and/or outs death indemnity insurance as afforded by this ,tolky except m "tod by IN% endontment, We will par a supptemenlory death bonefh erlual to the Imil shown for the coverages but not eRcetd'mq tan thousand (110,0001 per person because of death. 1. Caused by an wee ecclleml and Sustained by an Wwwel while woo•inq o se it loll or protected by an elrbq. We will pay the benaflt if death from on etde NoWoM occurs within three years of the dole of such socllersf, j except under auto deafif indornnrry, d•orh mutt occur within one year of the dote of such eteldw. i MIOOf OF CLAIM lOl1 MATH 11NtNT The lientffclory must furnish us with proof of death of the Insured, accompanies by a Pike report or other witable proof, that the Intwel at the firms the &a% ec"01P otcurred, was wearing a seat soft or protected by an ekbq. C. OTNCK INSMA14CS i Any amounts payable under the supplementary dtoth benefit shol not be roduted by any ether amounts paid of payable a er this porky. D. ADDITIONAL OU"ll"1011S The following aft added to the DONTION Station and have spatial meaning for Supplementary Death Benefit. 1. "Inlerad" as vii thh endmamMt moors the some persons who are (ovortduri outs medicoloorfronts Inwronae, personal " protection insurance, garoge auto medical Poymemts and/of auto death Pommity lmsurante. 2. "11"1 141f" means morwol or ouromatk safety bells or seat and shoulder restraimfs or o child resfroimt device _ "AN"" A a functioning oirboq designed to protect the occupant of a loot in an auto 4. " 1altefklwy" mfici On order of priority of poyment) e, ft survivhq spouse if a resident in the some household ell the deceased of the too of the tuidem, or 1111 Oft deceased Isom unnmarrle , minar, either of fir suvly" parents who hod legal ausfody at the time of ' the eleldom, or t. the, estate of the dot eased i FOAM TE It 60A w. SWKWINTARY HAT11 i1Ni11T ' Twee 14&"4 Amili ge firtdeeteaseM ►naetflel Na.trebee 1, 1117 M ~ I. i i TV 00 16C THIS INDORSIMENT CHAMOIS THE POLICY. MAN READ IT CAREFULLY. AMINOATORY INDORSIMENT - TEXAS This endaumant mad.r e1 msurance provided undo the 1010.04 . ff.'4ARACI , ORM COVIIAW FORM TRUCKIef COYIAAGI /qM Thn Utdallmo:rl Clipnyel the pie -Icy offlafiq "'11'a 'rc/pti0n d01a of the CnJorsamanl Iitecn,a poky unless arother date Is IndeoUdD>Iow; pok r Nurnp r Named hswee E 1. CHANCY IN 11CtICH 1 - tPMIHT ANkpregnl AJk SUISYFTUTI AUTOf CDVIRID AUTOS C - . - GIIITAN AAIIIAf, MqM (Qypµ(y,IT AND Tlla►ORARY MP451 AUTO COVIMrj FORM TRSrCKEAS CQuWGE FORM 4 dronged fa read. RL4b bd,ly Cova1oga M provided by this Coverage form, the iolawlnq rtes of vehk4l are also eennd eyes lay If aNOga 0 Is l peed dnCryr'an. f I. TrelNs v;dh *load COpacey 01 2,000 pounds of less deigned DrOnarly for beta on pubk roodr, . L Treearl dtipned for wa wnh end bare paAld by a p~Nall pnssanger me, pick cwtomo0v used la bvwners pwpecn with *motor type a o W. pond buck of ran N nN f. Mabel eeulpe,anl Ohre Door/ tasted at towed by a covNed Me. e. Any Ma you do rwt am rMe wad with the pdnwaion of Y•1 o.np a1 a 4mparyy wbt ltut/ la a terNld eWe YOU Own MO} N Ouf 01 Nrvka be CCwe Of AI' e. lreakdo.N b. ppa0, ~ a. SNvkhq; lass, a 1. Oebucxcn. I A. CHANOII IN lICTIOtf I - COVIAID AUT01 - I C. - CDITAN TAALIRI AND TiM/0114AT NIIfTITVTI AUT01 it GAMGE COVEMG[ FOAM n dwngtd to read. N L44Z Cowape 4 p ovyed by 614 Coverage form, the 1040.0+4 typaa of vehicles ae also covered aye/ for ` LlehAly average specdk descAptwee 1. Trlkn w" a kad capacity of 2,000 pounds a lost deigned p•0norsy for travel on public too& 1. Treks des;peed la we with and b4N puled bye pMate passangor eye, Ikksy, panty Muck v von 1 not WIIOnWrey wId la bAinau purpaNl wIM WgIhN ripe eye 2. My ale you do not awn wldl wed with IM porn 46.00 of ao 0"ar 04 lampaory klbarlute food Iavffld Me you ewn Mel 4 out of slrvke baCOwe of ee a weakdown; Nepal,; e. Sereclnq; 1, Lost or "e a 0neucxon. f. CHANNI N P"YUCAL DAMAN COVVA010LAS1 MfAKAN - H1TT/40 A MO 04 ANIMAL - FALL04 OF ACTT 01 MMlllll C TAUCKA#S CT OV AC4 Off - SECTpN IV NA ~COVERAO(M~2, GAMGt COVEAACA FOAM - SECTION N - A. COVERAGE - 7. ti chonged to rood. r~ We 00 pay let adkaH breakage, lore Caused by hitknq a bed of w*ral p Dy fslAOq oblecti w mhlkt under Comore move CevNUge N yeu carry Corw@NmDro Coversge fa the god covered M. Howovet, rw i I ve the sepp non of NOV" polo break *to, caused by a eeverod 0 N ya'e eolillen a overturn ee N loM N eeuteJ Dy } ca 41 w11h 0 trod w mmal aemiderod a We cowed by cohwk ~ 1. CNANO1f N/Ny11CAl0AMA01 COV(RAOk ~ T"KIASAC" cA01 FC FORM- SESECTION Try COVIRAOI - 4 COV4 AQ IXTEtoS04 4 shorged to reed: We wA 00 t" 4 to 1201V day to a 11100 m of $w tar Iremp0041co l dkpome hew»I by pubae0uel of Me tofd the of ft ION eye of tM prwelfyasungN Rpe. WI b/ pity 6* IN "me Revved eyNfa W*h toss carry clew ~onyn~frWva er Speclfled Ceu~n of less ot Tl eiC Cavvege, We wD pvy fa horn dflon eapemn Ntrrod dke0y the posed boovwe eD hoit INN IM IMft oN lftft regadnt N the pakr s 4 1 anon, whM ISO DevNed eye 4 retumod re use a OR pay Iv Of (hie I 111111VUR IIN 000 PoRT11111 110 180014+1 le, Item s~ A r 1 ~ cryL7~e QS%SOEOMAS TEL: 210-833-5595 Sep 10,39 1500 40.004 ►.Clyl 1 a r CHAHCIf M /HYSICAL OAMAOI COYlAAot: GARAGE COVERAGE FORM - Secncn 14 - A. COVERAGE A Co.orag4 l.l4nuan } 4 changed to read II raW YDu4✓tl/ M It's+n in t}t Gdor otdnl of lemelhinp olhN thou en aMe dlaltHh'p we d ek0 0A'( up to S~ 1111 of Ire pr ote Oa 41n 31~ pfar o I we we rpol IV anty fa (host coveted Out" toy vhKh rau6ta yV 4nher coveted 11111100 rive of Sp"A Caws al loll er Thdt Co.erage We w4 pot Iay homporlatlon e.p4ms incv+4d dunng 1b1 0y 40fat 'It 14, the 4111 and 4ndng, regordlHS of the poaCY o bpkatbn, Will 1 +hM Ihl <Or4r4d 114e k D100 1wr 61 a AShOv" 6. CHAIIGtf M iHVHCAL OAMAGI COVIRA41 - IXCLUSIONS FOR TAVCKfRS COVERAGE FORM - SECTWD ~1 N 11 EX~ El S 0*+1 S is gfoph I 2 0 r GARAGE COY'ERAGE iGltM - QCTK7N tY-11. EXCLUS10r+f, /oropayh I, The Waving lvcluhans are added to Ins Cavorog4 tarn" Ndrear/d n the moron: 1 ButinU4 Auto - IQ loll to any awromn Iwrvdungs or mrom4nl in Of Upon any okkup, Sand trutk, von of fNckers-4. maiad.ame Gorap4 - I. Custom fumntvngs or eau9m Mt locale but a4 not fmtad la: W Ips,d eotpling and wwkuon, fumilwo, bare or tolevWo recOvsrr, IMI lo0I for coakhg add atsprng: 1A he 01 0.14ndfng mote, of gd custom mwols, panlmgs or ocher deco% a grftoks. 1 The 11CM;an does not apply d tM value of the twilom furn4h6gl x Iluom4r4 hm ban t roportld le w prior 10 a Ns and k"tud4d h the prlrOJM for I%$ 90.4roge. Ik,s;rss Awe - ISI W1,4r, on of upon eny motatbm4 or hegw, %0 tee: i i Frud 1C-1 Garotte - 1 Q TV antennas, tit print to eobanas, of 1K) 11,gmont 4e114n4d 00 create odarond beg 100146, Bwnss Auto - (6) Lao to eny d1vk4 fX nstrumeol used for detethon of today or other speed tres"oing 40"Id. 'l IN%k en - I. Gwage - N, T. CHAHWI M MYSICAL OAMA01 COVtRAW AUTO VERAGE TIRUCKERS COVERAGE FCAMPOLM SECTIOI4 NC d UMIT Of AURAK, I Changed to rood No most we •d pay lot Was M any one 4lolderil to the Ima44s1 of Ike Iolowlnl emaunh: 1. The amount 4tar4d 'n the dHlarolly" of tM Oa ey s I. The aelual Cash value el a4 dolnoged or slolen propMy 04 the Iw^o of the foe, 1. T!4 toil of rlpowng at r4plocog the demage6 so dole properly with e04r of Ike klid or quality, I 1. CHANW! M pHYHCAL OAMACICOvdAgt I GARAGE COVERAGE FOAM - SECTION NC - LMIS OF MUIIAW-1 1, I 4 chantt44 to tad. 1. The most of wA pay fa Ww to any one tov4rod Who Is the "all of mt following 0nfov'„• 0. rho amount HOWd h 1h6 deckyollons of the poky. - 1, The octW1 Cash roful el Ih4 damo"Il or 6004npe0411y 0144 W4 04 loot of Ike k6-4 of Quality. 4, The tali at f4palno a r4pWtinO the domaosd r HOIM Fe"" wnh 0l CMAN01/ N ►!fYlICAL OAMAW COvpA01 EDP T~yyAvE1ar,U -SIC C 1RUCKUCk1Y-11orooph0. C(MT110.1 ERS CQVW COVERAG! FOAM SECTION h ch"ad to load: Far each tovoied we aw ebfoo6on to pay ter, teock, WWII of r4pb44 dema944 of slow propafty w014 reducod by the ayplco W d0wbl4 shown N rho dedolodons. If. CMA*M IN PHYSICAL CAMAOI COVI:AOI GMAGE COVERAGE FORM - SECTION N - paapoph 0. - DIDUCTIILE IaapaOh D t b ddoled { I f. t01Amus oofp.C~OmonriO=001110A 6 ~1 TA~KtRf RAMCCTgNTgN N 1 GARAGE COVERAGE 160 - SECTION V I j "I WIE Comm" In the coverage lean we Changed is owwf: J 1. p11TIlI M TM IVSM 01 ACtOIkfT. ClAlMr lVII Ott 1011 it I Add the following to Feregfeph I e : ~E 0.1 she. !hall state faketo to pavlde Mike prooc"&0 defM4l. "a It M le►4W Coverage viler 114 poky. l I Add oropeyh 4. 'r 1 d. When loQ.ArN Ir H• ill ouefsw 4 s.an Neel of 1n1; , r Ill PA"; is leomn414m 1rn4s, *elk. 1 r low i i EMPLOYERSiSNERMAN TEL: 214-992-5593 Sep 14,29 15:00 N0.004 P,04/L6 • 1 U 14 IL 00 » NUCLIAR LNIRGY LIABILITY 1XCLUSION 1NDORSIM[NT &ROAD FORM TMa fndonamanr modfu irwanae podd.d under IM !olo.ina'. ALL AUTOiAo"LI LIAItL1iY gfJfllU11U1R1Tt ANO MICtCAL pATMINTI 1NIURANCI OTHM THAN IfNO$ AL AUTO POLICY IMCIAL #ACRAOI AUTOMOKL COM"tKNIfv1 PRIONAL AMC lARML'I COM131lNENRY1 WIIONAL 04MANCI NO ondaltmer,t trans" the paler effect" an the Inca 11 doff of the Poky urano snotnr,f data h indicated Wow, Endonament E11acf,.f Poky Kinbot ! Ceontp~ad br_ NWhonio Raproaanta"vt) 1. The nwance dolt not apply', A. Undo ony LabAty Coverage, to W44 Mlwl of popalT darneN; (c) With rnpa Ct to which on Mewed under the Poky is chasm Mwed under a nacho emorar bbilty poky Ntuad bI Nuclear (moon Uob7,lr Murance A. Ceclallon, Muhvd Alomc Energy LiabitY IINHIM of IAx14a Yvewanee Ateonar of `credit, or an of thaw euecnsorm, s would "am Mawod under any such / i poky but lards tortWrolan upon eehowrbn of tie "t of kbA%; of { (11 11e1%lrn0 Irani the Mendwe prepMki of "Wee arNwid and wR F41040 to which fa) any Pena" or V=i n M reP+irsd to mointan flnorKW potectkn pureuanl to the A. orrce Enor[y Act of 1954, or on kw Thereof, a A) the rowed Is. at had this poky net bon Issued weV4 be, eM;tled to MdermitT ram rtm Untied iotea of A"eka, or any ogomCy thereof, under any agreatnenl entered We N the United $lot" i of A norko, me mry epeney Ihaoof, win any porwn a aporceotbn, f 1~r4v a y f 4 Me elm pnipHia of piwdeN eMNhol"tahiry W of rh*eep«lonon aloe t Meet ly anylphi aes the ' segoniectiofs. I C War any ~bdty Coverage, to ledll 4m or pMe"f dermbe touting from ft bpNew polls 1 oh n Ili ~ Ill The erdaa melerwb) M et ale "abler lealet► owned by, a eporatad br a on behsM d, on blend a 401 hers boon dkchargod of dseertad thorebliM IN The WASM rmtaw is cwodlned im apwo fwf a woof at err erne poeseseed, him Aed, used, pfacltsed, I Need, Irarnoanad a diwead of by a on behaM of an issued: a 13) The badly n{wy of Priestly dwep alias owl of the fwrrCNne by am Woyod of services, rMtf"de, pats at egulpmonl N connecrion mrh ter p*rk% ea+Nrveeon, molnlonaMe, opaoW Per used ony rI I faomiky, buy d each focK,rr h )rated fitters RN Wad Srdo of Amake, Its Iermal" at pou4s" n or tanoda, M" eeelruon Ih apples enlr b papaly darnebe is such mrafea fee*? and any Neperfy Ihaad. i I. As wed of M+n tldanomoml I '"Near" pepertles" Inctuda 1040041Ne, lark a owptaNe popa)1ae; 7A"Na,AaeelB' loom melee" red, "Id Mlemir waieAef or byirebd Isaeerl{ N have the maarsr+ps glen the" n ter ' „Iowa rnetarMl", " few AweleM rrNaid", end "1y_ padeal rMlad" Afomk [nergy Act M 1054 at A any kw omardaear Ihonel; few awl' means any fad ale,nanl of teal common .wed or I" which has seen used or aeposd to fodafan in o rwdaa log", antes peAreed bt lis of "Weatt" means any 00114 morend Id coma" M•prfdwf sr4faw other Ilion the coin ter eetracllon or, eMUnharlon of W~ 91 1Nakrn hem any ae proe4sed pb++ fee M same iadfrw - CoNdN, end 6) fouler! born the eoafatan br ay frsnai at tiga+katbn of ale mmeakfor f@Wby NL4*01 such the first Ma perepraphf of ter dfGertion of redoO fed4y. "MmAfr foolery" mean: W Mr AeoAa reach; of Anlyr ediJpmenl a Berko dWpned a eyed fa IU sepaatey ter Isoropes of urerelxtr a 9tutonhrrs, t31 i pf"d a wRCny yak hey of III handing, Processing a pack egng trait; lei Mr ee'.ipmanl a b• a wed la M proeesang, kbneofng at ale r`I el yesw reliable nwtetw d N I. ony was the N td amourd o sweh MCI end M who Mid* 00 Ma tneNyd e1 {~he POO"" rf,ae welt G0*fnaa nona)f,Mief~a,na~ than It jfco i d 010116th an 25 Dams of pLderlu n x urarArn 713 or few eamb.+a IA My alrw va, bean, uca+adon, pem ses a!loco prowild a wed la Ina efaabe k 604W of allow; and "dudes the sett on which any of IM faegang N located, all alterations eondwtod M sigh IIIa mind all orMdaes wad of much aperalloN + i "Mr" $fall"" means appaaM Bee red of u0a4 to ewton ntfe)ea froon M a solMuaols" shoe 1 reacran a Ie co"la" a ai d moo d Mk,aMmi mmitaad; ' hoWr bombe" nckidlt d fo,fu el fo&aClhe eenlom natIcn of property. f1511M R N 11. OA A' _(MKI f UA11LfT f (IiCLII1101i bIgRAMM1 ) Slopswisiril airs avail d 14aAi/Ni 1, 1 N~stmimae rr I i r or i w ImP41l AUTO COVIEAGI FORM • . T`RUCdfl1l 0 Iv ~AWriE FOa, The andwisment Changss rha policy dlacAn on the Incp YOn doll of the poky w~4u anerh« OorO'~ r E,~- uman r ItfO don4d belowPetry tJumbN d Mural =0WItr4med by of IF You Coo on ktlvldud, +0 POPCY It Changed as foMws', lAu140614d R9Drefenroti, al A. DIPHT1005 1, The foao.urg words we Changed for the ondommont. The rardt you and Yow kkds low vows If a rs"dam of the tome howehold aaupt fa Police of ADDTIONAL OEFNTIONS s. "Postal mamba/' MOON o parson rolored to pow by blood, marriage of edeprlon who e a Fold"] OF Yew houliNod, +vcfutlhg a word a forte, Child. t b. A "►rhets goism r ewe" means a fee wheal Nola vohKte other that a truck type e. noelee Type ewe" mear» velxlss a! sh1 ptkup body, Ndan daarery, Pont] ON rantnxk&j. ran We and "h Si al e rehK Pal euslomnOlly used fa 4wetsst OwpOSae, erh« than farrtw+q 1 I 4typ "WasAmeotmt trPa volol"" hck+de gOMntoble4, pkkup tricks wod loyal to tfw%POA <ampa 40194, motorhomaa. nwtaCY4106, mssoncoot9n, motorbihm. OR lenoh veNoee and umdac motor VINCI" not E , aelomordy utad to( buYlnna purpe/es, ether Nan !Corning Of yanch'rq. 1. CHAMOEI NUANJTY CDVNAW 1. Iscluson I S. does Pot apply Yo IeMly 61" to your of any fomh msat►ae'a Folar Impbyoe I. The folowng o4c"on is added: We do nor provide deals CerNoge F« you a any renal membr for bedby, k¢ay is yaw at any fw* k mMbN. 1. PIRSC AL AUTO COVERAGE "Joe est~ wte ou own of Ne Wvfgo FO$6" r, atalfy a mlaamlrtaen type vehicle i a covered ssAe w7dN the tIAIIITY COY AGI, It. a. The foaowhg k added to WHO rS AN WS1EO , Pudy women Coe Inarale for Cory Covered owe you a" 04 Me 0+610 ►aaeapr, atatq of mhaeasaeew h►I r9kkA end any athse Ore described in Pardgroph 7 It. of ft sndommont. ! b. Any awe you don't own Is a Covered ere whls b0N sty by you a by any flesh neater escopl111 Any Ms awned by a fwnhMd a ovplObla la the ugufar use of any F enh,a9niere,ucprwNs behgwadby Pau, II! Any We ktmhhsd a ovoloNa fa paw ragllar wee, III Any era stud by you a by GAP of yaw Hnrh maim wNa work" h a kimIlls of Itsng, tohklna r804010 t « pakrng Mos. (Il Any aM *that Non on era of +e psfreh Pastellist, wNrr a atloaleaeeao Non'*A* wee by feu or by any of yew family masire whls rookkv In any allow bwham or trceuparlorC • The soClWOnfskrkq top~ enis, btu anti and comornhonso and Y formktg a Pon of the policy tM NUCLEAR ChtkGY Wt1E)1Y E)c1xUSION 4WAD FORM, dos not op;~ to any Covert IF ewe of rhs go6ste ►olseper, oft a adeeegoaewn 1FM r9Mda d. Escknran 11, does rat aPph to 1rePe M+g W lam we16 aea~ to any Pshas w ►ssoenaar, of mlCaaaaaew aeANa eovN9d e4M yw bn't awn wFW bY Yo,y a by anF forth nnat/ea eeespr: ~ 111 Any ewe owned by « krnhhad of avabbk fa ft regJae we of am Farah msaish ltl Any aM hrr.ahed or evadable f« POW Of any Fair atoms o npAor woe. III My sets trhkh tow a"fa ly.Omar Liss We workhg h a bueness of istem, snore, e NPalhtg Of Pamkhg area 04 IACketon 12 . doss POP lip is vow or any Barth ayrabr la th Neam as occupancy of a ldrer I ►essapr Isla, 4dMy a efwssae ryP "mils not 4"W of NrmIII or avolabta for Ms PIR~ CAP l uss of you at s fetdo Per4i na«, scope I woo Me v Owe h used o used Carry panty or p<operry for 0 a lie rho lactwttimO m she dale smC "DOH to YOw of aM frmh /1 MMr'I Operation ti aon Or scymganCy of «y «hN are 'A kwth 1 p«erbn or aCCUponCY k no' f fat 4uun416 purPeaea. CeIMNN N Cohb) n%q T lokrk,~ Candtlon ► added: DEATH Of "RgMOUAL NAMED a✓,SMO If you die suvNhg ewe 0 a 1"Wom of the wne Mwahold N the IMO N raw deaN w1 conrhw as the named j ezj nU the m of the Poky. I. Yew Nod ewlsomfoavo wit N tss named barged by only *NO ee" rhlon tM steps of hh «her duvet as k4h. + TI AIa1fA a IIaNn a IICOYMY AOAMIT OTT1M1 TO IN w eltangsl fe bride e,I felerktg; HowwN w fasts try ills aoroPoph M MI .Add F f yWd Dan ego Cevueae saekxt env PaVW rev b ~d Pr~tah Psssry«, se Pay « atYoe/ryew ftM Cdlda wah a na0aPe41e 4eael tFat Mat POMP is am; sd fe We may nor darn the amount lee e. lad by You a Fly Huh WAR" From an hover of mr w+derhwad mac VINCI#. 000M h M IPA - 14WINAk MAFAIO MMO To9N 1004*4 AutenWWII It 1roamses hews" Ho'"IN I, loll i t EMPLOYERS/SHERNAN TEL; 214-892-6593 Sep 14.89 15:00 No,004 P,11i1 CA 104 BUSINESS AUTO COVERAGE FORM (11.67) Various provisions n this DWicy restrict coverage. Read the entire policy carefully to determine rights, dunes and what is and a not covered Througnclut ih;S policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we "us" and "ow" refer to the Company providing this insurance. Other words and phrases that appear in boldface type have specal meaning Refer to SECTION V-DEFINITIONS, SECTION I-COVERED AUTOS cannot reject Uninsured Motorists Coverage, rTEM Two of the Cectaratlons shows the autos that are This includes those autos you acquire covered autos for each of your coverages, The following ownership of after the policy begins provided numerical symbols desuibe the autos that may be they are subject to the same state uninsured covered autos. The symbols entered next to a coverage motorists requirement, on the Declarations designate the only autos that are 7 +SPECtFI ALlY covered autos. C DESCRI8ED AUTOS. Only those autos described DESCRIPTION OF COVERED AUTO DESIGNATION in ITEM THREE the Declarations for which a premium Charrg ge is 1 SYMBOLS shown (and for Llability Coverage ary trailers SYMBOL DESCRIPTION you don't own whist attached to any power 1 .ANY AUTO, unit described in ITEM THREE). 2 . OWN B • HIRED AUTOS ONLY. Only those Autos you ED AUTOS ONLY, Only those autos you lease, hire, rent or borrow. This does not own (and for Liability Coverage any trailers include any auto you lease, hire, rent or you don't own while attached to power units borrow from any of your employees or partners 1 ' you own). This Includes those autos you or members of their househoids. acquire ownership of after the policy begins, 9 ■ NONOWNED AUTOS ONLY, Only those autos IN I S =OWNED PRIVATE PASSENGER AUTOS youdonotdwn,lease,lirentorborrowthat i ONLY. Only the private passenger autos you are used in connection with your buslness, E own, This includes those private passenger This includes autos owned by your employees autos you acquire ownership of after the or partners or members of their households policy begins, but only while used in your business or your 4 ■ OWNED AUTOS OTHER THAN PRIVATE personal affairs, PASSENGER AUTOS ONLY. Only those autos B. OWNED AUTOS YOU ACQUIRE AFTER THE you own that are not of the private passenger POLICY BEGINS type (and for Liability Coverage any trailers It. If Symbols t, 2, 3, 4, 5 or 6 are entered of At you don't own while attached to power units to a coverage in ITEM Two of the Declarations, you jwn), This includes those autos not of the then you have coverage toe autos that you private passenger type you acquire ownership acquire of the type described for the remainder . of after the policy begins. of the policy period. ! ■ OWNEO AUTOS SUBJECT TO NO-FAULT. 2, But, if symbol 7 is entered next to a coverage Only those autos you own that are required to in ITEM TWO of the Declarations, an auto you have No•FaOll benefits in the stele where they acquire will be a covered auto for that coverage are licensed or principally garaged This only if; Includes those autosyou acquire ownership of a. We already coverall autos that you own for After the policy begins provided they are that coverage or it replaces an auto you reSulr4d to have No•Fautt benehb in the State previously owned that had that coverage; where they are licensed or principally sod garaged. b, You tell us within 30 days after you acquire fk d ■ OWNED AUTOS SUBJECT TO A COM• it 'hat you want us to cover it for that PULSORY UNINSURED MOTORISTS LAW. coverage. Only thcs4 autos you own that Ileum of the C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND law in the slate where they v4 tic4nsed or TEMPORARY SUBSTITUTE AUTO! principally garaged ere required to have and it Liability Coverage Is provlded by this Coverage 1 itMof to 1101 rt ouW U I I Ili it 00 rir, a In f i -Flow 1 ~ k 1 t E9PLOYEPS/SHERMAN TEL: 214-892-5593 Sep 14.89 15:00 N0.004 P.12/1 Form, the fouoWrg types ooh cles are also desalt ve but only to the extent of ' covered autos for Liability Coverage without specific that liabi y. However, the owner or anyone description: else from whom YOU hire or borrow a cov• 1. Trailers with a load cacac4yof 2,000 pounds or ered auto is an Insured only if that auto is a less designed primarily for travel on public trailer connected to a covered auto you own, roads. 2. COVERAGE EXTENSIONS 2. Trailers designed for use with and being pulled a. Supplementary Payments, In addition to by a private passenger auto, pickup, panel the Limit of insurance, we will pay for the truck or van if not customarily used for business Insured: purposes with another type auto. Inl All expenses we incur. 3. Mobile equipment while being carried or towed I by a covered auto. (2) Up to $250 for cost of bail bonds (in• 4. Any auto you do not own while used with the ctuding bonds for related traffic law permission of Its owner as a temporary vlotations) required because of an ec• substitute for a covered auto you own that Is out Cident we Cover. We do not have to fur. of service because of its: nish these bonds, a. Breakdown; (3) The cost of bonds to retea>e b. Repair; attachments in any suit we defend, but C. Servicing; only for bond amounts within our Lim+'t d, loss; or of insurance, e. Destruction. (4) All reasonable expenses incurred by SECTION II-L#ABfIITY COVERAGE the Insured at our request, tnctuding actual loss of earning, up to $100 a A. COVERAGE day because of time off from work. We will pay all sums an Insured legilly must pay as (5) All costs taxed against the insured in damages because of bodily injury or property any suit we defend: damage to which this Insurance applies, caused by (6) Ali interest on the full amount of any an accident and resulting from the ownership; Judgment that accrues after entry of maintenance or use of a covered auto. the judgment in any suit we defend; We have the right and duty to defend anysu)t asking but our duty to pay interest ends when for these damages. However, ws have no duty to do. we have paid, offered to pay or dopes. a fend sulte for bodily Injury or properly damage not ited In Court the part of the judgment I Covered by INS Coverage Form. We may investigate that is within our Limit of Insurance. y and settle any claim or suit as we consider ep• b. Out of State Coverage Extensions. 1 propflate. Our duy to defend or settle ends when While a covered auto as away from the state the Liability Coverage limit of insurance has been ` exhausted by payment of judgments or settlements, whore it is Ilcensed we wilt: 1. WHO IS AN INSURED 11) Increase the Limit of Insurance for The following are Insureds: Liability Coverage to meet the limit or a. You for any covered auto, limits specified by a compulsory or Is. Anyone else while using with your permis• flnanrlal responsibility law in the juris. Sion a covered auto you own, hire or borrow diction where the covered auto is being except: used. (1) The owner of a covered auto you Wire or (2) Provide the minimum amounts and borrow from one of your employees or a types of other coverages, such as nor member of his or her household, fault, requred of out of State vehicles (2) Someone using a covered auto whlle he by the jurlsdlelton where the covered Of she is working In a business of sell. auto is Doing used. ing, servlCing, repairing or parking ' We will not pay anyone more than Once for autos unless that business Is youm the same elements of loss because of these f 1 (3) Anyone other than your employees, extension.. partners, a lessee or borrower or any of B. EXCLUSIONS their employee, white utovingproperty to or from a covered This Insurance does not apply to Any of the II auto, (4) A partner of yours for a covered auto following; owned by him or her or a member of his 1, E1IPECTED OR INTENOED INJURY of her household, lodily Injury or property damage expected or C. Anyone liable for the conduct of an Insured Intended from the standpoint of the Insured. 2 1 f, t 5 EMPLOYERS/SHERMAN TEL: 214-692-6593 Sep 14.89 15:00 No.004 P.13/1 2. CONTRACTUAL 8. MOVER .IT OF PROPERTY BY MECHANICAL DEVICE i assumed mder any cuntroct or agree-pert. Bodily injury or property damage resulting from But th a exdus en does not ipply t9 i ab kty (of the movement of property by a mechanical damages device (other than a hand trick) unless the a, Assumed in a toniract err agreen:e+u tl+et'I deviCa it attached to the covered auto, an insured contract, or 9. OPERATIONS b, That the insured wouid have in the absence Bodily injury or property damage arising out of of the contract or agreement, the operation of any equipment rsted in 3, WORKERS COMPENSATION paragraphs 6,b, and 6,c. of the definition of Any obl Baron for Hhich the insured or the mobile equipment. insured's insurer flay be held able under any 10. COMPLETED OPERATIONS ncrkers compensation, dsab l ty Cenef li or Bodily injury or property damage arising out of urenploymant :ompensation la4 or any similar your work after that work has been completed or abandoned. 4. EMPLOYEE INDEMNIFICATION AND EM- in this exclusion, your work means: PLOYEA'S LIABILITY a. 'Nork or operations performed by you or on Bodily injury to: your behalf; and a. An employee of the Insured arising out b. Materials, parts or equipment furnished in f of and in the course of employment by the connection with such work or operations. Insured; or lour Hark includes wai rantiss or representations b. The spouse, child, panel, brother or sister made at any time with respect to the fitness, of that employee as a consequence cl quality, durability or performance of any of the paragraph a, above. items included in paragraphs A. or b. above. This exclusion applies: Your work will be deemed completed at the (1) Whether the lnsuredmaybeliaWeasan earliest of the followingtinnes: employer or in any other capacity; and (1) When all of the work called for in your (2) To any ubligaVonto share damageswith cunlracthas been completed. (2) When all of the work to be done at the 114 or repay someone arse who must Day damages because of ;he injury site has been completed if yourcontract Out this extrusion does not loply to bodily calls for work at more Shen one site. Injury to domestic emplnyees not tattled to (3) When that part oftheworkdone at&job J workers compensation benefits or to liability site has been put to its intended use by assumed by the insured under an insured any person or organl=aVon other than contract another Contractor or subcontractor working on the same project 5. FELLOW EMPLOYEE Work that may need saMlce, maintenance, Bodily Injury to any fellow employee of the correction, repair or replacement, but which Insured arising out of and in the course of the is otharvise complete, will be treated as f fellow employee's employment completed 0. CARL, CUSTODY OR CONTROL 11, POLLUTION property damage to property owned or trans• a• Bodily injury al, alle , alleg damage arising out ported by the Insured of in the Insufli care, of the actual, I custody or control But this exclusion does not ged or threatened apply to liability assumed under a sidetrack discharge, aispersal, release or escape of agreement pollutants! (1) That are, or that are contained in any 7. HANDLiNO OF PROPERTY properly that is Bodily injury or properly damage resulting from (a) Seirlg transported or towed by, or the handling of property, handled for moveri into, onto or i a. Before it is moved from the place whero it from, the covered aurn; { is accepted by the Insured for movement (b) Otherwise in the course of transit; into or onto the covered auto; or or b. After it is moved from the covered auto to (o) Being stored, disposed of, treated I the place where it is finally delivered by the or processed in or upon the + Insured. covered auto; ~ r 3 i ___1r low I EMPLOYERS/SHERMAN TEL: 214-892-6593 Sep 14,89 15:00 No,004 P.1411 M r i (2) Before the pollutants Or any property in C. LIMIT OF INSURoa w':ch the pollutants are contained are if separate limits of insurance for bodily injury and f moved from the place where they are property damage liability are Shown in the 1 accepted by the insured for movement Declarations for this coverage regardless of the into or onto the covered auto; or rumba of covered autos, Insureds, premiums paid. clgims made or vehicles involved in the accident. Alter the pollutants or a ny property in the limit of Insurance iS as follows: which the pollutants are contained are moved from the covered auto to the 1. frThe om jury pay for all damages resulting place where they are finally delivered, from bodily y Injury to any one person Caused by d spored of or abandoned by the any one accident is the limit Of Bodily Injury Lia- Insured bility shown in the Declarations for each person. 2. Subject tothelimitforeach persOn,themostwe Paragraph a (1)(c) does not apply to fuels, will pay for all damagos resulting from bodily lubricants, fluids, exhaust gases or other injury caused by any one seeldent is the limit of similar pollutants that are needed for Or Bodily Injury Liabllity shown in the Schedule or result from the Morro) electrical. hydraulic in the Declarations for each accident. or mechanical functioning Of the covered 3. The most we will pay for all damages resulting auto or its parts, if; from property damage caused by any one (1) The pollutants escape or are dig- accident Is the limit of Property Damage charged, dispersed or released directly Liability shown in the Schedule or in the i from an auto part deslgned by its Declarations. manufacturer to hold, store, receive or 1 dispose of suchpolutants;and lithe limit of insurance shown in the Declarations flif this coverage is for combined bodily injury and (2) The bodily Injury or property damage p,Opertydamageiiebilityregard4sso!thenumberof does not arise out of the operation of covered autos, Insureds, premiums paid, claims any equipment listed in paragraphs made or vehicles involved in the accident, the most 6 D. and 6.c. of the definition of we will pay for all damages resulting from any one l mobile equipment. accldent Is the L'mit of Insurance for Liability Paragraphs a (2) and s.(3) of this exclusion Coverage shown in the Declarations. do not apply if: All bodily Injury and proptit damage resulting from (11 The pollutants a( sry property in which continuous or repeated exposure tosubstantiailythe the pollutants are contained are upset, same condition s•.rllI be considered aSresulting from overturned or damaged as a result of one accident. the maintenance or use of a covered SECTION Ill--PHYSICAL OAMAGE auto; and (2) The discharge, dispersal, release or A. COVERAGE escape of the pollutants is caused 1. We will pay for loss to a covered auto or its directly by such upset, Overturn or equipment under, damage. a, Comprehensive Coverage, From any cause 1 except: b. Any loss, cost of expense arising out of any (1) The covered veto's collision with governments! direction or request that you another object; or test for, monitor, clean up, remove. Coro bin, treat, datoxity or noutrallte (2) The covered auto's overturn, pollutants. b, specified Cousesof Loss Coverage. Caused by: ` Pollutants means any solid, liquid, gaseous or (1) Fire, Ilghtnirg or explosion; thermal irritant or contaminant, Including (2) Theft; Smoke, vapor, Soot, fumes, acids, elkalis,' chemicals and waste. waste Includes materials (3) Windstorm, hail or earthquake; I to be recycled, mconditlored or reclaimed, (4) Floods r (S) Mischief of vandalism; Or 12, WAR Bodily Injury or property damage due to war, (6) The sloking, burning, collision of whether or not declared, or any act Or condition derailment of e conveyance Incident to woe, War Includes civil war, transporting the Covered auto. Insurrection, rebellion or revolution. This C. Collision Coverage. Caused by; exclusion applies only to liability assumed (11 The covered auto's collision with under a contract or agreement, another object; or 4 I i I I -F low t' t r EMPLOYERS/SHERMAN TEL: 214-892-6593 Sep 14,89 15,00 No.004 P,15i1 1111 the covered s is overturn, ,,,ulpment unless permanently in- 2. Towing stalled in a covered auto. A4 will pay up to the Ilmit shown in the (2) Tapes, records or other sound repro. Declarations for towing and labor costs incurred ducing devices designed for use with each time a covered auto of the private sound reproducing equipment, passenger type is disabled. However, the labor must be performed at the place of disablement, (3) Sound receiving equipment designed for use as a citizens' band rad;o, two. 3, Glass Breakage-Hitting a Blyd OF Animal- way mobile radio or telephone or scan. Failing Objects or Missiles, ning monitor receiver, tncludlng its We will pay for glass breakage, loss caused by antennas and other accessories, unless hitting a bird or animal or by faking ob;ects or permanently installed in the dash or missiles under Comprehensive Coverage if you console Opening normally used by the carry Comprehensive Coverage for the damaged auto manufacturer for the Installment covered auto. However, you have the option of of a radio. having glass breakage caused by a covered auto's collision or overturn, or if loss is caused (4) Lois to any custom furnishings el by contact with a bird or animal, you may elect equipment in or upon any pickup, panet to have it considared a loss caused by collision. truck, van or motorhome. 4. Coverage Extension, We will also pay up to Custom furnishings or equipment i $20 per day to a maximum of $600 for inNude but are not limited for transportation expense incurred by you because (1) special carpeting and insulation, i of the total theft of a covered auto of the private furniture, bars or television receivers; passenger type. We will pay only for those Ei covered autos for which you carry either (ii) facilities for cooking and steeping; Comprehensive or Specified Causes of Loss or (Ili) helght•extending roofs; or Theft Coverage, We will pay for transportation Vv) custom murals, paintings or other expenses incurred during the period beglnning decals or graphics. 48 hours after the theft and ending, regardless This excluslon does not apply if the of the policy's expiration, when the covered value of the custom furnishings or auto is returned to use or we pay for its loss, equipment has been reportedto us prior B. EXCLUSIONS to a loss and included in the premlum for this coverage. 1. We will not pay for loll caused by or resulting from any of the following. Sucn Was is excluded (6) When in or upon any motarhome or regardless of any other cause or event that trallar, loss 10 Contributes concurrently of )n any sequence to (1) TV antennas; the loss. 0i) awnings or cabanas; or a. Nuclear Hazard (ill) equipment designed to create (1) the explosion of any weapon additional Ivingfacilities. employing atomic fission or fusion; or (6) Loss to any device or instrument used (2) Nuclear reaction or radiation, or radio- for deletion of rider or other speed active contomination, t>awevee caused. measuring equipment, It. War Or Military Action, It. We will not pay for toss caused by or (1) War, lncludlrg undeclared or civil war; resulting from any of the following unless (2) Warlike action by a military force, caused by other loss that is covered by this l including action In htndering or Insurance defending against an actual or (1) Wear and loaf, freezing, mechantcat or expected attack, by any government, electrical breakdown, soverelgn or other authority using military personnel of other agent; or (2) Blowouts, punctures or n,ihor road (3) Insurrection, rebellion, revolution, damage to line. t usurped power or action taken by governmental authority In hindering or C. LIMIT Of INSURANCE defending against any of these, The most we will pay for lose In any one accident is 2, Other Exclusions, the smallest of thol following amounts. s. We will not pay for loss to any of the 1, The amount stated In the DeclifiVons of the following: policy. (1) Tape decks or other sound reproducing 6 t N f EMPLOYERS/SHERMAN TEL: 214-892-6593 Sep 14.89 15,00 No.004 P.16i1 2. The sous' cash value to the jmaged cr stolen (2) Imrd ltely send US copies of any de- property At the time of the loss. mand, notice, summons or legal paper k The cost of repmrln2 or reptac Rig the damaged - received concerning the claim or suit or stolen property with other of like kind Or (3) Cooperate with us in the lnvestii lOn, quality. Settlement or defense of the claim or suit fl. DEDUCTIBLE (4) Authorize us to obtain medicat records For each covered auto, our obligation to pay for, or other pertinent information. repair, retufn or replace damaged or stolen property (S) Submit to examination, at our expense, will lea redutcd by the apps cable deductible show: by physicians of our choice, as often, in the Declarations, we reasonably require c. If there is loss to a covered auto or itA SECTION IV--9USINESS AUTO CONDITIONS equ'prnMl you must also d0 the following. The foliowing Conditions apply in addition to the Cnm• (1) promptly notify the police if the coon Polity Conditions, covered auto or any of its equipment is stolen A. LOSS CONDITIONS . f21 Take all reasonable steps to protect the r~1 1. APPRAISAL FOR PHYSICAL DAMAGE LOSS covered auto from further damage if you and we disagree on the amount of loss. Also keep a record of your expenses for either may demand an appraisal of the toss. In consideration in the settlement of the this event, each party will select a competent Claim. appraiser, The two appraisers will se!ecl a Com• 13) Permit us to inspect the Covered auto patent and impartial umpire. The rpprAisers and records orOVing the loss before Its will slate separately the actual eash value and repair or disposition, amount of loss. If they fail to agree, they will (4) Agree to examinations undef oath of submit their dlHerences to the umpire. A deci• our request and give US a 1119n0d ton agreed to by any two will be binding Each statement of your answers party will: d, When requirad by us A. Pay its chosen appralser; and (1) Submit a sworn proof of loss; b, Bear the other expenses of the appraisal (2) Submit to examination under oath. and umpire equally, 3, LEGAL ACTION AGAINST US If we submit to art appraisal, we will still retain No one may bring a legal action against us our right to deny the cUim under this Coverage form until; 2, DUTIES IN THE EVENT OF ACCIDENT, CLAIM, e. There has been full comp);amto with alt the SUIT OR LOSS terms of this Coverage rofnr and i a. In the eventof accident, Claim, suitor loss, b, Under Llabillty Coverage, we agree in you must give us or our authorized writing that the Insured has an obligation to representative prompt notice of the scel• pay or until the amount of that obligation dent or less. lnctude has finally been determined by judgment (1) How, when and where the accident or after trial. No one has the right under this lots occurred; policy to bring us into an action to (2) The Insured', name and address; and determine the Insured's liability. (3) To the :item possible, the names and I. LOSS PAYMENY-PHYSICAL DAMAGE addresses of any irjured persons and COVERAGES 9 I witnesses ' If we show that yaw failure to provide At out option we may: notice prejuditas our defense, there is me a. Pay for, repair or replace damaged or stolen liability coverage under the )b1 Cy property; b. Ad,l;tionally. You and Rimy other involved D, Return the stolen property. at our expense. Insured must; We wilt pay for any damage that results to (1) Assume me obligation, make no pay. the auto from the theft: of merit of incuf no expense without our o. Take all or any part of the damaged or consent, except at tine insurod's owf- Stolen property It an agreed or epprRiised toll. value. 6 w ' EMPLOYERS/SHERMAN TEL; 214-892-6593 S? 14,89 15,00 No.004 P.17i1 S. TRANSFER OF RIr OF RECOVERY t. Wh&his, Coverage Form and any other i AGAINST OTHERS TO Coverage Form or policy covtrs on the same if any person or Organization to or for whom we basin either excess or primary, we will pay make payment under this Coverage Form has only our share. Our share is the proportion rights to recovtr damages from another, those that the Limit of Insurance of our Coverage rights are transferred to us, That person or Form bears to the total of the limits of all OrgaolzaUon must do everything necessary to the Ccversge Forms and policies covering secure our rights and must do nothing after on the same basis, accident or loss to Impair them, 6, PREMIUM AUDIT + B. GENERAL CONDITIONS a. The estimated premium for this Coverage 11 1, SANKAUPTCY Form is based on the exposures you told us Bankruptcy or Insolvency of the insured or the you would have when this policy began, Wt Insured's estate will not relieve us of any will compute the final premium due when obligations under this Coverage Form. A# determine your actual exposures, The estimated total premium will be credited 2. CONCEALMENT, MISREPRESENTATION OR against the final premium due and the first FRAUD Named Insured will be billed for the This Coverage Form is void in any case of fraud balance, if any. If the estimated total by you reiaUng to it. It is also void if you premium exceeds the final premium due, intentionaliyconceal or misrepresent a material the first Named insured will get a refund. fact concerning; b. If this policy Is Issued for more then one a. This Coverage Form; year, the premium for this Coverage Form b. The covered auto; wit] be computed annually based on our c. Your Interest in the covered auto, rates or premiums in effect at the beginning of each year of the polity. 3. LIBERALIZATION i If we revise this Coverage Form to provide more 7. POLICY PERIOD, COVERAGE TERRITORY coverage without additional premlum charge, Under this Coverage Form, we cover accidents your policy will automatically provide the and losses occurring! additional coverage as of the day the revision is effective in your state, a. During the policy period shown In the Dot* 601s; and 4. NO GENEFIT TO BAILEE-PHYSICAL b. Within the coverage territory . DAMAGE COVERAGES The coverage territory Is; We will not recognize any assignment or grant the United States of America; any coverage for the benefit of any person or a. organitalion holding, storing or transporting b. The territories and possessions of the property for a fee regardless of any other United States of America; prcvlslon of this Coverage Form, e. Puerto Rico; and 7. OTHER INSURANCE d. Canada. 1 1. For any covered auto you own, this Coverage We also cover lose to, or accidents involving, a Form provides primary insurance. For any covered auto while being transported between covered auto you don't own, the Insurance any of these piaces, provided by this Coverage Form is excess 1 over any other collectible insurance S. TWO OR MORE COVERAGE FORMS OR However, while a covered auto which Is a POLICIES ISSUED BY US trailer is connected to anothey vehicle, the If this Coverage Form and any other Coverage Liability Coverage this Coverage Farm Form or policy issued to you by us or any 1 provides for the troller is; company affiliated with us apply to the some III Excess while It is connected to a motor accident, the aggregate maximum Limit of vehicle you 00 not own, insurance under alt the Coverage Forms or ` (2) Primary Whlie it if connected to a policies shall not excer'd the highest applicable covered auto you own. Limit of Insurance under any one Coverage Form E b. Regardless of the provts;ons of paragraph or Polity. this condition does riot apply to any ` a. above, this Coverage Form's llebil;ty Coverage Form or polity issued by us or an Coverage is primary for any tlebihty affiliated company specifically to apply as assumed under an lnsu►ed contract excess insurance over this Coverage Form. 7 i i ir low A z r4 trlrL~~rtr<o~.ntR,.,,r its; L1~-O JC-G~yJ cN 14,~~ ~~,uv 4u,VU4 I SECTION v-DEr:INITIONS A. Accident includes continuous or repeated exposure Bulldozers, f,j ~1machinery, forklifts and other to he same condtt,ons resulting in bodily Injury or oads es designed for use princtpally Off pubtie property damage. 8. Auto means o land premises motor vehicle trailer or 2. Premises you own off rent; Solely on or next to semitraiter designed for travel on public roads but 3. Vehicles that travel on crawler treads; does not include mobile equipment C. Bodily Injury means bodily injury, sickness or 4 maintained whether self-ropdeed of not, disease sustained by a person includin primarily to provide mobility to resulting from any of those 8 death permanently mounted: D. Insured means An organization I Rower cranes, shovels, loaders, d ggers or Qualifying as an Insured In the Who Is An nsureci b. Road construction or resurfacing equip, provision of he applicable coverage. Except with respect to the Limit of Insurance, the coverage mans such as graders, scrapers or rimers, afforded applies separately to each insured who is 5, Vehicles not described In paragraphs 1, 2, 3, or seeking coverage or against whom a claim or suit is 4 above that are nil seif•propelled and are fh, brought, maintained primarily to provide mobility to t?, Insured contract means permanently attached equipment of the following types: I 1. A tease of premises; i 2, A s+detrack agreement; 1 nir compressors. Pumps and generatorl, cludi g spraying, welding, building clea 3. An easement or license agreement .in ton- ning, geophysical exploration, lighting neCliOr1 with vehicle or pedestrian private and well fervieing equipment; a railroad crossings at grade; b. Cherry pickers and similar devices used to 4. An ~ Y clear easement agreement, except in raise Or lower workers. connection with construction or demolition 6, Vehicles not described in paragraphs 1, 2, 3, or Operations on or within 50 feet of a railroad; 4 above maintained primarily for j S. An Indemnification of a municipality as other than the transportation of plrsonssof required by ordinance, except In connection Cargo. However, $41f•propolfed vehictes with with work for 1 municipality; or the following types of abut will 6, Thl! Part of any other contract of agreement equipment are not mobllrmanently lqulpment but will be considered autos l buSim#SS l Of uner another which assumen he0tort your to you a. quiPment designed primarily for, damages because of bodily Injury or Property y E ill Snow removal; damage to & third plrsOn or OrgMlzation, it the contract or agreement is made prior to the tZi Road n mai, o resurfacing; but not con. bodily Injury or prop/rty damage, treetio o resurfacing; of means i liability that would beimposedlbyrlow f7) Street cleanings - in he absence of any contract of agreement, b, Cherry PICk/rl and similar devices mounted An Insured contract 0001 not include that part of on automobile or truck chassis and used to lily contract or agreement raise or Iowa workers; and 1. That pertains to the loan, lease or rental of in C. Air compressors, Pumps and glMratorl, l auto to y0ul or incluGrng spraying, welding, Cleaning, geophysical exploration, b lighting 2. That holds a person Or organltation engaged in or well servicing equipment, j the business of transporting property by Auto H. Properly demop mans damage to or loss of use of for hire harmless for your, use of I covered auto over 1 foulo of territory that person or tangible property, OrN11200n is authorised to Serve by public 1. Suit means a civil proceeding in which demagel luthaily, because of bodily in ulor f, loss means dirert and accidental loss or dams e, which this insurance ipplle Oaare allegedf (Suit g includes In arbitrat,on proceeding alleging lush 0. Mobile equipment means any of the following types damages to which you must submit or submit with of land vehicles, including any attached machinery our consent or equipment: J. Troller incfudes semitrailer e t y - - - - - - - - - - - - - - - - i r i I 1 i J ~r a September 19, 1989 CITY COUNCIL REPORT FORMAT TU: The lionoraoie Mayer and Memoers of the City Council fRUM: Lloyd V. Harrell, City Manager SUBJECT: AIRPURI' 4 HANGARKtiEPERS LIABILITY INSURANCE Recommendation: Staff recommends accepting the insurance proposal of Frank 13. Hall & Company for Airport G liangarkeepers Liability insurance, Summary: We received only one proposal for Airport F, Hangarkeepers f Liability insurance. The proposal is from the company that p esently carries the insurance at the airport, and they reduced their premium by $19005, fhe coverage of the policy remains unchanged; therefore, we continue to have a 45,000,000 limit for airport exposures. Programs, Departments or Groups Affected: The proposal will affect the Airport. Fiscal ImDaCt: The Insurance Fund will pay cue $4,000 premium. Respec lly submitted: WOW// Prepared by: oy acre City Manager proved: in 1. MCGraue 1 ecutive Director of Finance f 49511 I Ir low 8 I 1 P i i k NO. AN ORDINANCE ACCEPTING THE PROPOSAL OF FRANK B. HALL AND COMPANY FOR AIRPORT AND HANGARKEEPERS LIABILITY INSURANCE COVERAGE FOR THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS THREREFORE; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the proposal of Frank B. Hall and Company for airport and hangarkeepers liability insurance coverage for the Denton Municipal Airport, a copy of which is attached hereto and incorporated by reference herein, is hereby accepted. SECTION II. That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION III, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1989. RAY STEPHENS, MAYOR ATTEST: i JENNIFER WALTERS, CITY SECRETARY I APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BYs * a i September 7, 1989 Frank B. Half b Co. 512 West Hickory Suileft 205 City of Denton, 'rexas Denton, Texas 76201 Purchasing Department 901-B Texas Street Denton, TX 76201 Dear People: Herewith please find our bid for Airport and Ilangarkeepers liability coverage for the City of Denton. The Underwriter is United States Aircraft Insurance Group and the coverage cony or may not adhere to the specifications requested, City Is hereby advised that coverage proposed Is subject to terms contained in the expiring policy (copy enclosed). COMMERCIAL GENERAL LIABILITY COVERAGE Prod ucts/Cornpleted 'Operations Aggregate Limit $5,000,000 I Personal and Advertising Injury Limit $5,000,000 Each Occurrence Limit $5,000,000 Medical Expense Limit $1,000 IIANGARKEEP£RS LIABILITY COVERAGE Lach Aircraft Limit $200,000 Each Occurrence Limit $500,000 $250 Deductible Each Occurrence { ANNUAL PREMIUM $4,000 j If you have any questions on this proposal, please call. Sincerely, Leonard Herring, r., CPCU Vice President jh Enclosure C cc: Bonnie Rogers i i Telephone 017) 382 9451 I I I J I U$A10 Airport Llability Policy Policy No. ALO• 10 4 5 Dpclaratlons Page Former PollcyNo. None Otfurrence Form - Texas 4 1. Yme and Address of Named Insured City of Denton Municipal Building Denton, Texas 76201 d 2. 7~0 Policy Period Is from 10/01/08 to 10/01/89 beginning and ending at 12:01 A.M. Standard Time at the address shown above, 4medlnsuredis(DJA,Individual B.Corporetion C.Partnorshlp D. Municipality flusiness Description: City Government *dlt Pentad: Annual unless otherwise slated. I Igreturn for the payment of premium, and subfect to all the terms of this Polity, we agree with you to provide insurance as ".9d In this Polity. f~etlerege Limits of Insurance Advance Premium Commercial General Liability Coverage (Jones! Aggregate III '(g4herthan ProducWCompletedOperations) S Not Anglicbles - pmductalCompleted Operations Aggregate Limit S 5 .000 , 000 s-Included E PVwnal 6 Advertising Injury Limit s_ 5 , 000 000 i-m uded 1 f *hOccurrenceLimit s 5,000.000 :-Included 0" Damage Limit i Ical Expense Limit S 50.000 S_Included S 1 .000 _ S--La luded W"arliesper's Liability Coverage ll~tJtAlrcfahLimit 1---_200&0001_ s Included hOccurrenceLimit s___ 500.000, s_Included i Total $5.05. 0 ~ ion of airport promises awned, rented to or occupied by the Named Insured at the beginning of the Policy Period: Denton Municipal Airport Denton, Texas EnImmenta: The following endorsements have been added to this policy: ALP US T1 01 88 1-12 Advenc a Premium s 5 0 50 , This polity is written through the Aviation Managers on 11/30/68 k Endorsement Premlum $ Included Approved by United Steles Aviation Underwriters, Inc. 710111111 Advance Premium S507334 - Aviation Managers 'i CoW arsigmture of Authorized Representative Place of Signing ALa V.•. Ds at N r i i f t US1lG Aviation Liability Policy ( urrence Form) A Iection Vl: Common Policy Conditions A)f Coverages Included In this policy are subject to the lollowing conditions. t` Cancatlstlon. a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us of the Aviation Managers advance written notice of cancellation, b. We or the Aviation Managers may cancel this policy by mailing or detivering to the Ilrst Named Insured written notice of cancellation at least (1) ten (10) days before the elfective dale of cancellation it we or the Aviation Managers cancel for nonpayment of premium; or F. (2) thinly (30) days before the effective date of cancellation if we or the Aviation Managerscancel lorany other reason. x a Mot the Aviation Managers will mad or deliver our notice to the first Named Insuiedb Iasi mailing oddness known to us or the Aviation Managers. d. Notice of cancellation will state the effective date of cancellation, The policy period will bnd on that date. a. It this policy is cancelled, we or the Aviation Managers will send the first Named Insured any premium refund due. It we or the Aviation Managers cancel, the refund will be pro-rala. II the first Named Insured cancels, It+e f refund maybe less than pro-rata. The *cancellation will be elfecuve even it we or the Aviation }danagurs havenot made of offered a refund. t. 1. If notice is mailed, proof of mailing will be sufficient proof of notice. Changes. This policy contains all the agreements between you and us and the Aviation Managers concerning the Insurance afforded. The first Named Insured shown in the Declarations is authorized 10 make changes in the terms of this policy with our or the Aviation Managers' consent. This policy's terms can bz amended or waived only by endorsement Issued by us of the Aviation Managers and made a part of this policy. E amlrrstlon of Your Books and Records. We o(theAviation Managers may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years sflerward. lnepactlons and Surveys. , 3. We have a right but are not obligated to: if) Make Inspections and surveys at any time; (2) dive you reports on the conditions we or the Aviation Managers lind; and i (3) Recommend changes. _ b. Any Inspections, surveys, reports or recommendations relate only to Ins urabilit, and the premiums to be charged. i We and the Aviation Managers do not make safety inspections. We and the Aviation Managers do not undertake ` to perform the duty of any person or organization to provide for the health or safety of workers of the public. And, we and the Aviation Managers do not warrant that conditions: (1) Are safe or healthful; or (2) Comply with taws, regulations, codes or standards. This condition applies not only to us amt the Aviation Managers but also to any rating, advisory, role service or similar r organization which makes insurancri Inspections, surveys, reports of recommendations. a premiums. S a. The first Named Insured shown In the Declarations) (1) Is responsible for the payment of all premiums; and (2) Will be the payee for any return premiums we pay, cof, inued on revwrse side u r c►4vs c, +r n iaac ) a r) !a4 I i Transfer of Your Rights and Duties Under This Policy. a. Your rights and duties under this policy may not be transferred williout our ur the Awahwr Manuyern' wrillen consent except in the case of death of an individual Named Insured b, if you die, your rights and duties will be Iransfeued to your tegal ieplece+-lahvU bul nnly wlnle ucln 0 within the scope of duties as your legal reprasentalive. Uigd your Ieyal rvpresoiduliv.- n ,,Irt:vintcJ, uiiyunu havinr proper temporary custody of your property will have your iyhh. ui d duhvu loin vnly r,ah+uapv~t to that pioporty. Mutual Policy Conditioner This policy is nonassessuble. Thu Pbrrned Insured k a irL bvi ul the Liberty Mutual Wurance Company, and shall participate, to the eAteUl and upon uun hliorr, hAVI and JulelminuJ by die Eluaid at WeelJro in accordance with the provisions of low, in the dislribuUun of dividends so hood and Jylermined. Notice of Annual Meeting: The Named Insured is hereby nut loud htal by virluie ul Ow. yul cy he iu a mumber of 1J 0 Liberty Mutual Insurance Company, and is entitled to vote either er person or by pruq it w y and all weebnys o{ the Company. The annual meeting is held at the home ulfice ul 8uston, Massachusehs, un the third Wednesday April In each year at 10;00 o'clock A.M. j United Stales Aviation Underwriters, Incorporated Aviation Managers John V. Brennan President II I t. 4 A i r CPC1771C++reltrMe rM h l a 11ss1 U A1G Schedule: to form a part of said policy. ppc attachment to policy No. ALO 1045 jWed Insured City of Denton .I cation of Promises (Enter "same" if same location as Declarations Page address a Bpme location as described in Item 4 of the Declarations Page. Iltleresl of Named insured In such premises 9 Owner L"] General lessee [ ]Tenant Q/fl of premises occupied by Named Insured `L Entire . RATES ADVANCE PREMIUMS pRiiT10N OF HAZARDS CODE NO. PREMIUM BASE 9.I. PD. Airports - Commercial Included -11 3 A. p~grnises 40010 Flat Flat r Flat Included B. C gipleted operations 44444 Flat I I C. p ducts, NOC Included ~ 49944 Flat Flat Fuel i Lubricants f I i ,err r ear vy o, ee F low 1 A UgAIG Aviation Liability Policy Nyclear Energy Exclusion Endorsement (Q F urrence Form) Npclear Energy Liability Exclusion The Insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage:" (1) with respect towhich an "Insured" under the policy is also an Insured under a nuclear energy liability polic issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors, or would be an Insured under any such polity but for its termination upon exhaustion of its limit of liability; or (2) resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person t or organization is required to maintain financial protection pursuant to the Alomic Energy e ,4, any law amendatory thereof, or (b) the "Insured" is, or had this policy not Leon issued wouiJ bt,, entitled to indemnityfrom the United States of America, or any agency thereof, under any agreement entered into 2 by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or' property damage" resulting from the "hazardous proper- ties" of "nuclear material; if: s1' (t) the "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "Insured" or (b) has been discharged or dispersed therefrom; (2) the "nuclear material" is contained in "spent fuel" or "waste" of any time possessed, handled, used, ` processed, stored, transported or disposed of by of on behall of an "Insured or (3) the "bodily injury" of "properly damage" arises out of the furnishing by an "Insured" of services, mated- ats, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. As used in this endorsement "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material," "special nuclear material" or "byproduct material": "Source material;' "special nuclear material;' and "byproduct material" have the meanings given them in the . Alomic Energy Act of 1954 or in any law amendatory thereol; "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to redi- alion in a "nuclear reactor"; "Waste" means any waste material (a) containing "byproduct material" other than the tailings or wastes produced 7 by the extraction or concentration of uranium or thorium from any are processed primarily for its "source material" and (b) resulting from the operation by any person or organization if any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility." -1 "Nuclear facility" means r (a) Any "nuclear reactor"; ( (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel;' or (3) handling, processing or packaging "waste"(c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "Insured" at the premises where such equipment or device Is located consists of or contains more than 25 grams of plutonium or uranl• J um 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Arty structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste and Includes the site on which anyof the foregoing is located, all operation conducted on such site and all premises used for such operations; Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "Property damage" includes all forms of radioactive cunlaminalion of property. wu~w„r is , I •p I I 4 6 a 4 J7 { 1 I ' USA IG Aviation Liability Policy US09 GrFund Hangarkeeper-s Liability Insurance Ccerage Part HKL 7110 Coverage Part forma a part of your Policy No. Issued J T as of the effective date of your policy unless otherv~4tat by us and it lakes f l~( use only If this Coverage Part is effective after the effective date of the Roli J cY•) { TIN$ Coverage Part Is effective (at the hour stated in the Declarations) I it forms part of the above Policy Number issued to 1 lgretum for the payment of premium, and subject to all terms of this polity, not modified by this Coverage Part, JAgree with you to provide Insurance as shown in the "Schedule" below and as set forth in this Coverage Part. Schedule Covaragas Advance Premiums Limits of insurance Around Hangarkeeper's Liability $ $ Each Aircraft Included $ 200,000, Each Occurrence i y peductible _ J i r 25 Each Occurrence 0 t Allowance for Overhead and Supervision i i 150 % i ngs H. Ground HangarAeeper's Liability 1. )nsuring Agreement. i We will pay those sums that the Insured becomes legally obligated to pay because of direct loss or damage, j Including the loss of use to an aircraft, and parts of those aircraft temporarily detached and not replaced, Which are someone else's property and which are to the care, custody or coitrot of the Named Insured, as itee, for storage,. repair, servking or safekeeping (as evidenced by your records) but only Whll51hp aircraft 14 k1A+ghli~osi I IhsAimtab iss+tuatedal p[emiseaafbwrllp { e i N6:4 of the Declarations jhe aircraft or Its parts may also be temporarily elsewhere, but it must be under your physical control for :)he purpose of service or repair. i ;When you repair damages which you have caused we won't pay more than: {A) your actual net cost for necessary material and parts of like kind and quality; and, 8) your actual wages for labor at current straight time rates with no premium lorovertime, plus the percen- tage of such wages shown in the above "Schedule" as an allowance for Overhead and Supervision. ~t. I cogkllved on reverse side AIM Of PI M IPAU 1 d 2) 1 1 r y r S + ^3 us09 Exclusions. This Insurance does not apply lo: (A) liability you assume under any contract or agreement; (B) to loss or damage to aircraft or parts of an aircraft: j (1) owned by, rented to or loaned to the Named Insured or partner of the Named Insured; (2) owned by, rented to or loaned to an c'iicer or employee of the Named Insured unless the property is an aircraft in your custody under an agreement for which a charge has been made; (3) due to radioactive contamination. (C) To loss or damage to wearing apparel, personal effects or merchandise of any description, whether or not the aircraft in which they are contained was damaged. Limits of insurance. Subject to Paragraph 1. of Section III: Limits of Insurance of your policy; i (A) The most we'Il pay for loss or damage to "each aircraft" or its pans arising Irom any one occurrence ' is the amount shown in the above "Schedule" under "Each Aircraft"; and r„ (8) the most we'll pay for all loss or damage to more than one aircraft arising from any one occurrence is the amount shown in the above "Schedule" under "Each Occurrence." J4, Deductible. The deductible shown in the above "Schedule" applies to each occurrence covered under this Coverage I Part. We may pay any part or all of the deductible to settle any claim or suit. You agree to promptly reim- burse us to( any part of the deductible which we have paid. t Additional Definition. jj p "Aircraft" mears any aircraft which includes: j 44. (A) operating, navigating and radio equipment which is usually attached to the aircraft; and, i (8) parts temporarily detached from the aircraft which are not replaced by similar parts; and, (C) tools and repair equipment which are standard for and are coetained In the aircraft. I i Phis endorsement does not change arty of your coverage except as stated above. It Is effective on the I~ date and hour shown below, local Standard Time, at the first Named Insured's address. 4 City of Denton I f APolicy Issued to: + 1 ALO 1045 10/01/88 1201 A.M. i", sement No. Policy No. Date and hour endorsement takes affect I Approved: United Slates Avfa on Underwriters, Inc., Av)atfon Managers tC b Y (klwao~wt~ESan F dY i TIN ~f s v f~ ti U%4 /G Aviation Llability Policy „soo W 4r Risks and Other Perils Exclusion Endorsement r This endorsement changes your policy. Please read it carefully. This endorsement modifies Insurance provided under the following coverage(s): 0 COMMERCIAL GENERAL LIABILITY COVERAGE ❑ PRODUCTSICOMPLETED OPERATIONS COVERAGE Q LIQUOR LIABILITY COVERAGE Ll't TVs policy does not cover claims caused by: (a) war, invasion, acts of foreign enemies, hostilities (whether or not war be declared), civil war, rebellion, insurrection, martial law, military or usurped power or attempts at usurpation of power; or, (b) any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other 1 like reaction or radioactive force or matter; or, k (c) strikes, riots, civil commotions or labor disturbances; or, (d) any act of one or more persons, whe"ter or not agents of a sovereign power, for political or terrorist purposes and whether claim, injury, Icss or damage resulting therefrom is accidental or intentional; or, € (e) any malicious act or act of sabotage; or, s (Q confiscation, nationalization, seizure, restraint, detention, appropriation, requisition by or under any ~ 4 government, public or local authority; or, ` (g) hi-Jacking or any unlawful seizure or wrongful exercise of control of an aircraft, including any attempted seizure of control, made by any person or persons acting without the consent of the Insured. I I j This endorsement does not change any of your coverage except as stated above. It is effective on the to and hour shown below, local Standard Time, at the first Named Insured's address. Icy issued to:_ City of Denton I 2 ALO 1045 10/01/88 12101 A.M. t:r)d xseme t No. Policy No. Date and hour endorsement lakes effect b Approved: United States Aviation Underwriters, Inc„ Aviation Managers by. ~.~U~•~ ~ Jam- l~ ALP U9 r0 01 N r r+ i i i I 1 r ~ ! t 1 4 us 30 UAIG aviation liability Policy Risks Coverage Endorsement ~I endorsement changes your policy. Please read it carefully This . This endorsement modifies insurance provided under the following coverage(s): 0 COMMERCIAL GENERAL LIABILITY COVERAGE 0 PRODUC'TSICOMPLETED OPERATIONS COVERAGE 0 LIQUOR LIABILITY COVERAGE IIs Exclusion" endorsement attached to this policy, endorsement deletes the "War Risks and Other Per applicable only to this endorsement: *18ct to the following cancellation and termination provisions Cancollation and Termination rage under this endorsement may be cancelled by the Company or the Aviation Managers: by mailing or delivering to the first Named insured. tea aderess shown on t cancellation Declarations, notice of f such cancellation stating when not less than seven ( Ys y I of The mailing or delivery of such notice shall be sufficient proo notice to the first Named insured, f 11 the Company or the Fwialion Managers cancel this coverage, earned premium shall be computed proi ot notice has been mailed rage under this endorsement will automatically terminate, whether or n or I red to the first Named Insured, if: of war, between any of the ce, the Union of Soviet led States of America, the Unit d Kinlgdom declaration (f) fclaowing counties: The Uni Socialist Republics, or the people's Republic of China; or, and/or (2) it there is a hostile detonation of any weapon of war employing atomic or nuclear fission shall fusion or like reaction or radioactive force or mailer, wherever and whenever such detonation she" occur. , r iuonal premium for this endorsement $ Included 4i =q no =nur xc( Th and hour shown belowclocal Standard Time, t the first Named abo'svaddrese. it on the dAte City of Denton _ 1 Pplicyissued' lo: ALO 104- 0!01!88 12:01 A.M. owe and hour undursement lakes eltecl Fsdorsemenlemenl NO Policy N~ o I Approved: 1', 'r,^fes Aviafln f' 41?rl.vrifers, inc., avia''o% h anager 1 1 ei U;AIG Aviation Liability Policy usoo Al Traffic Control Exclusion Endorsement This endorsement changes your policy. Please read it carefully. TIlls endorsement modifies insurance provided under the following coverage(s): 0 COMMERCIAL GENERAL LIABILITY COVERAGE 0 PRODUCTS/COMPLETED OPERATIONS COVERAGE j 0 LIQUOR LIABILITY COVERAGE w TN& insurance does not apply to "bodily injury" or "property damage" arising out of Air Traffic Control Operations Cmducted by any Insured. I I ~ I It. t ,S r Id I - i R k i I 1 `F+ ~ r [ ~ I 4 T~ is endorsement does not change any of your coverage except as stated above. It is effective on the dple and hour shown below, local Standard Time, at the first Named Insured's address. K City of Denton s FVjcy issued to: 4 ALO 1045 10/01/88 12101 A.M. Endorserrent No, Policy No. Date and hour enuorsement takes elfect 'i 41 Approved: Unifed Sfafes Avla fen Underwriters, inc., Aviation Managers AV l'l 71o,PC I us00 V§AIG Aviation Liability Policy Taps Changes Endorsement-Conditions Requiring Notice This endorsement changes your policy. Please read it carefully. This endorsement modifies insurance provided under the following coverage(s): ❑ COMMERCIAL GENERAL LIABILITY COVERAGE ❑ PRODUC &COMPLETED OPERATIONS COVERAGE O LIQUOR LIABILITY COVERAGE and Property Damage Liability, unless we are prejudiced by the In.sured's or your lopure to provision of Ihis Coverage requiring you or any insured to give notice 1fi(Ith regard to Bodily Injury locc comply with the requirement, any papers in connection with a claim 'I ~occurrenca, claim or suit, or fornard demands, notices, summonses or legal pap opuit, will not bar liability under this Coverage. I i i xce }s endorsement does not change any of your c alrtri efest Named Ilnsured'saddrlessiective on the da e and hour shown below, local Standard Time, IT, City of Denton 10/01/88 1201 A.M. Pplicyissued S• 5 ALO ]045 Dale and hour endorsement tikes e11ec1 i . EndasemenlNo. Policy No Approved: United States Avta.,,`"Infenvr'ters, inc., Aviation Managers t ~~r m os u T IN r low , E ~ I t u. ' U$AIG Aviation Liability Policy T as Changes Endorsement-Cancellation and Nonrenew+aloo ETh,0 ent changes your policy. Please read It carefully. ent modifies insurance provided under the following coverage(s): OMMERCIAL GENERAL LIABILITY COVE RAGE RODUCTSICOMPLETED OPERATIONS COVERAGE QUOR LIA81L(TY COVERAGE A. "r graph 0. of the Cancellation Common Policy Condition is replaced by the following; { 1. b. we or the Aviation Managers may cancel this policy by mailing ordelivering to the first Named Insured kr h written notice of cancellation, stating the reason for cancellation, at least ten (10) days before the of- 10 fective date of cancellation. cancel k (1) If this policy hes been in effect for sixty (60) or fewer days, we or the Aviation Managers may for any reason. r. (2) If this policy has been in effect for more than sixty (60) days, we or the Aviation Managers may cancel only for one or more of the following reasons: (a) fraud in obtaining coverage; (b) failure to pay premiums when due; 1 h (c) an Increase in hazard within the control of the insured which would produce an Increase in rate; y I J 1 I I ~ (d) loss of our or the Aviation Managers' reinsurance covering all or pan of the risk covered by the f I policy; or j ive (e) if we or the Aviation Managers have hewn placed in supervision, conservatorship the supervisor conserva orrror ee eriverQ 1 l and the cancellation has been approved or directed by S. The following condition is added and supersedes any provision to the contrary: Y nrenewal t. We or the Aviation Managers may elect not to renew this policy by mailing or delivering to the first written notice of Named Insured, at the last mailing address known to us or the Aviation Managers expiration date. If nonrenewal, stating the reason for nonrenewal, at least sixty (60) days b day after theedateonbwhich the notice is ma led or deliver d. Earned in effect until lethe sixty delivered I premium for any period of coverage that extends beyond the expiration date will be computed pro. rata based on the previous year's premium. , 2. If notice Is mailed, proof of mailing will be sufficient pfwl of notice. ' iland ange any of y ur co era a lest eptmed stated e. it i seffective on the hour shown below, local Standard Time, issued to: City of Denton Policy 6 ALO 1045 10/01!88 12101 A.M. 1 Oate and hour endorsement lakes eliect empty nt N Policy Na Approved: UniledSlates Avlat on Underwriters,~fnc~.r Aviation Managers by cam- vf`4 A1/ M h rr U ti , .m,uo, Gour7N1°er rmp lat. ' c '~AM WOp YniW m.u^al a~ Iww,ne• S•.•.;^ i I :r 4AIGAviation Liability Policy Pi 1?Mium Discount Endorsement-Texas us35 J This endorsement changes your poBc f This endorsement m°drlies insurance Pfease read ft caretuffy. k Pry ovided under the Poll II f 12 Q COMMERCIAL GENERAL LIABILITY owing Covera PRODUCT COVERAGE 9e(s): CO ❑ ETED OAEAATIONS COVERAGE E - Q LIQUOR LI ABILITY MPLCOVERAGE I~ I to10 491`09d [hat the un premium pertalnfou fnunit in accordance with the gvyin Texas for General Liability procedure: and Medical payments Insur ance is sub . the provisions oftheltY r Standard Premium. Such Premium ' r.o ehe application of anyretrsped of rating pray aph 5 hereof, oche to Texas computed in accordance withecl shall be known as I °Iher than this endorsement and exclusive TOW Standard Premium for All Stales, The General Liability and Medic epaxas General Liability Standard Ill-accordance with the r ! ment and exclusive of the a+Ons of [he Policies designated in ar Endorsement PPlicati otif an P agraph 5 herments Premium com ecf, other than puled in { any Premium Return Plan Endorsementive ratin t known as the,Total Standard Premium. 9 Plan, any Automatic pre Ih+s endorse- I Premium or other Premium Discount ium Adjustment (a) i=or polityperioperlods Endom Tsemenl, shall be Rt to the applicable di o} one scount year or less-The the Texas General Liability Standard Premium shall be subiecl {tC' {b) Premium Discounts (General Liability).,, Total Standard i n policy Periods of more than ore premium obtained Irom the Table of Texas yeare The Texas Genera! Liability Standard Premium for each riod Percentages s stated inn Said able of exas Pre+ Standard Premium for the Po °Y pef10d shall be subject to the a f + (c) If felfospective rating Is applicable oter each such+um Discounts (General Liability).,, applicable discount al discount pef10d °f Portion thereof during the pofiOPpOsito the Tot Period. t applicable to the Texas Gene a t abhie premium Pertainin fact to any Retrospective Aatin plan Y standard Pr 9 to texas, the fp i applying to the Tezas g shall be the difference belwe ^ } amount of premium General Liabifil exclusive of any premium sub. Tabfe Opposite the Total Standard Prom Utandard Premium the a the discount determined by { tion of the Texas General Llabitil and (2) the discount determined percents # bte percentage stated in said Table Standard Premium which is sup b gas stated in said 1 retrospective rating, opposite $o much Je-t to retrospect- applying to that por. able [he aPPlica. Table of Texas Premiu of the Total Standard Deem rating m Discount Perch,,- m as is subject to Polity Numt ?e9 (see reversal I i ..'7 ~I P~ 1 i O' u TABLE OF TEXAS `GEMI aM pabG ;NT PERCENTAGES L Premium Promlum Discount Premlum Discount pertenu9e Premium DluOunl Peresaugs AppllcaBU J prlmlum Discount Percentage Applicable to 11%11 ' Dlscounl percfnu9o Applicable to To gas 64nerm pucanl111o Appllnbte to Title General Total uAwIl1T AppIlclbts to Togas General Uabil,ll Slandard is Texas General TIEbf11tT total sundud smiud hsmlum Goaeral Uablllly Taut Standard Sundud pramlum Piemlum' 121 UabII1tY Toth Slandud Standard 4remlum Premlam' l2) Ill IS 44e 6T~d Sundard Standard Prlmlum Promlum' 121 $30 13 FO S 54.057 111900 165 P'emmm pf ium' 121 Ill 9 24 13 9 60,323 ~tsni001' $ 7 56, 30.32S 61,641 186 R1 46% 93 30656 140 ,034 161 I11 52547 7 668 0.696 47 94 141 63 186 SIOD 2,632 7,610 30,995 64,463 1,~1 01 2,129 46 7449 B5 31941 42 169 02 3 2,831 590 8,067 9b 31,645 143 6T 190 1,02' 0 1,035 0.4 2,412 B 231 9 1 3208 14 4 69 260 141 3,062 5 1 b 379 9 6 32,428 t45 71,017 192 1,>r64 05 7.192 52 6 533 4 4, 12,BOB 146 72,655 19 3 00 1,M0 005 3,334 5 4 B, 692 u 1 33.196 14 7 741DO 9 4 1 08 3,489 5 5 8 956 73 543 4 tl 76150 19.5 0 9 3L659 9 030 10 2 34 000 14 4 74,015 19 6 `Qf 56 103 150 197 3,54! 9208 34.415 6V ]05 1.0 5.T 10 4 15.1 195 I r'i6 „ 1.1 405 5 6 9.744 10 5 35 264 152 67,132 t, 4.256 3 'sal 35284 19 9 II 1r• 1.2 1.546 61 9.190 106 15 3 86.306 200 ' 1.3 6.0 35,733 i 69948 I 17~00p, 1 4 1179 10,000 10 7 36,194 5 4 91.966 202 1!3~'' 5,028 6.1 10.220 IU 8 36.667 15 5 95065 20 v 1X49 1 5 5.082 52 10, 450 10 9 37,153 15.6 96422 20 .3 1,251 1.6 5,134 6 3 10 690 110 37 652 51 204 ; 17 6,4 11.1 102,0W 1J13 1.5 5146 45 19442 33 164 56 105650 205 1J 5,255 5t 2 159 206 1 0 68 11205 113 36'690 160 110'000 207 54tS (1,462 79231 114.490 20 6 j 1 20 5.376 51 11713 11 4 39.786 16 1 1%9362 1(// 2.1 5,439 65 12,076 11 S 360 t6 2 209 2 2 6.9 11.6 124,687 ` 1102 2.3 5.503 70 $2 400 40949 i6 3 130466 21.0 51 2.4 5,589 12,743 111 41,556 184 136130 21.1 5637 1.1 13,099 16 42,161 16S 143647 21 2 2 5 11.9 165 6 5.706 T 1 13479 1 12 0 42.625 161 151.622 21.3 1,~ , 2 1 M 2.1 5 5,777 ~ 7.4 13661 12.1 43.489 160286 21.4 1 2 6 75 4.708 µ.I74 168 170,000 21.5 5.924 2.9 14,762 122 41,660 16 9 180,966 27.8 I 89110 76 15248 121 45610 tT0 197,449 217 1 1~W 30 8,039 11 15763 124 4064 171 207.776 21,8 12 5 . 1 't2 6,159 1 9 16,316 126 47.143 17 2 224,400 21.9 1 }28 3.3 6242 60 18.910 47,949 173 243,913 22.0 127 6.321 j7548 48,10 17 4 267 43 22,; 1*6 3,4 B 263 22 2 2 6 49 641 175 2451 ,/l/ 6.1 16 235 1 4 d62 35 6.504 at 16, 980 129 50 541 17 6 330.000 223 IS 8596 93 14.788 1110 51,1466 171 22 4 7 T 44 13.1 374AD0 1 36 6691 6.5 20,667 52470 118 431,538 225 2 19 8,789 68 21.628 02 3 57 429 179 500 iX10 225 6,889 22663 13 54467 180 Over p ~//~S8 40 8,991 5 7 23,647 134 55 545 lot mow SEE Hole 2 j11 4 1 1,100 6 6 25,136 17 S 56,667 18 2 2 Yifa 4 2 7210 b 4 25.572 13 6 57,838 16 7 2 43 7.323 90 26,162 13.1 1I 2 78 f 46 7,440 91 t,Na 1 f, turn not sndvm use the valve IW the next IcAet premium staled m the table. 1K.ao1E shah to Jclcrnued 4s dm nviyLled avuroge ul 22 54u 1ul Nor w.14s TOW Sundard plemmm i3 3506000 Or over, lne p,emVUm dacour,l Gercenlage apG It first $500 000 and 23 14b 'Of the po10n ovtr $500 ,030 r I IP r6E 7 a '1 ice us 34040 I Ir I ` I I i M us25 US41G Aviation Liability Policy Te Notice-Required by Law C.orr~lalnt Notice: Should any dispute arise . bout your premium or about a claim that you have filed, contact youragem or write to us. If the problem is no, resolved, you may also write the State Board of Insurance, De"entC, 111o San Jacinto, Austin, Texas 78786. This notice of complaint procedure Is for Information only and 110es not become a part or condition of this policy. Y04.Fn ►y write us at the address shown below: United States Aviation Underwriters, Incorporated One Lincoln Centre 5400 LBJ Freaway Dallas, Texas 75240 i )iUNted States Aviation Underwriters, Incorporated Park Central Plaza I 1111 North Loop West Houston, Texas 77008 I tL4 I II r~rf it G Thlllif endorsement does not change any of your coverage except as stated above. It is effective on the da and hour shown below, local Standard Time, at the lirst Named Insured's address. ! I` Polity Issued to: City of Denton I 5. 8 ALO 1045 10/01188 1201 A.M. I - Endart.amert No. Policy No. Dale and hour enCorsamenl lakes effect Approved: United States Avistl~n Underwriters, Inc„ Aviation Managers ~ by AvA I" Id Y i t I~ UfAIG Aviation Liability Policy usao &onal Injury Exclusion Endorsement ent changes your policy, Please read It carefully, 1 EThsend :rse nt mo difies insurance provided under the following coverage(s): MMERCIAL GENERAL L IABILITY COVERAGE ODUCTS/COMPLETED OPERATIONS COVERAGE UOR LIABILITY COVERAGE i :r he following exclusion is added to your policy: Thls Insurance does not apply to: a. 'Tarsonal injury" or "advertisin fn utx:" (5) to any employoe of the Insured arising out of and in the course of employment by the Insured; nor 1V.dny bpouse, ciiPatent,brothst or-sister iallhat omployea as s. consequence ol. employment ' Che Insureq. r~ l •¢t a i I r This endorsement does not change any of your coverage except as stated above. It is effective on the f le and hour shown below, local Standard Time, at the first Named Insured's address. E icy issued to., Cfty of Denton ~ 9 ALO 1045 10/01/BB 12:01 A.M. dorsement No. Policy No. Date and hour endorsement takes eflect ilk" Approved: United Stales Avi7i~ !on Underwriters, Inc,, Aviation Managers by t~. [ ALP Of uo7 a ----r low ~i I U$AIU Aviation Liability Policy Contractual Liability Limitation Usoo This endorsement changes your policy. Please read it carefully. r This endorsement modifies insurance provided under the following coverage(s): IN COMMERCIAL GENERAL LIABILITY COVERAGE 0 PRODUCTS/COMPLETED OPERATIONS COVERAGE ❑ LIQUOR LIABILITY COVERAGE M De lion "g:" appearing in Section V: Definitions, under paragraph "8" is changed to read as lollows; \li .g. That pan of any other contract or agreement pertaining to your business under which you assume that tort liability of another to pay damages because of "bodily injury" or "property damage" to a third person or organization, if the contract or agreement is made prior to the "bodily Injury or property damage" Tort liability means a liability that would be imposed by law in absence of any contracts or agreements. An "insured contract" does not include that part of any contractor agraeinenl: i a. That Indemnifies an architect, engineer or surveyor for injury or damage arising out of: (1) Preparing, approving of failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or applications; or (2) Giving directions or instructions. or fading to give them, if that is the primary cause of the injury or damage; b. Under which the Insured, it an architect, engineeror surveyor, assumes liability for injury or damage R' arising outol the Insured's rendering or failing to tender professional services including those listed ti In a. above and supervisory, inspection or engineering services; or r c. That indemnifies any person or organization for damage by lire to premises rented or loaned to you. d. Which is for the benefit of any manufacturer of aircraft or aircraft parts; or y e. Which applies to damage which is the result of any major alteration or repair of an aircraft or air• craft parts; or t. Which is agreed to orally by you and another party, unless the contract or agreement is required by a governmental body for you to use an airport. You agree to furnish the Aviation Managers a copy of any contract or agreement between you and another person or organization within thirty (30) days after its effective date; and, the Avialion Managers 1 shall have ten (10) days after receipt by them to reject, in writing, any contract cr agreement between you and another person or organization." ~I *Is endorsement does not change any of your coverage except as stated above. It is effective on the dpte and hour shown below, local Standard Time, at-the first Named insured's address. City of Denton Policy issued to: 10 ALA 1045 10/01/88 12:01 A.M. Endorsement No. Policy No, Oate and hour endorsement lakes elfecl Approved; United States Aviat on Underwriters, Inc., Aviation Managers i ALP L1 34 04 N us 14 Uf AIG Aviation Liability POUCy DIsignated Insurer Endorsement t TWO endorsement changes your policy. Please read it carefully. This endorsement modifies insurance provided under the following coverage(s) ❑ COMMERCIAL GENERAL LIABILITY COVERAGE ? 13 PRODUCTSICOMPLETED OPERATIONS COVERAGE 0 LIQUOR LIABILITY COVERAGE x A~trough a number of companies are listed on the cover of your policy, you designate the following company the one which issued your policy. The Aetna Casualty & Surety Company d words "we" or "our" or "us" are used in your policy, they mean the designated company. heneverthe pa coverage United States f~0 the company you designs e COimpanleslsred onethe cover of your Aircraft yourmemer of policy. It the company you designated 4 automatically shared by l and financial hloorr,as insolvent, the Group will assume all its lega obligations under your TM company you designated must comply with all government laws regardins ding serving of notice e and paying p+ toes. t is a licensed agent of the designated company. ifte insurance agent who countersigned your policy ,lk Ilk I i ' stated INS nd rsement does not change any of ur c atra efes Named insured's addriesstfective on the and bout shown below, local Standard ~ policy issued to: City of banters { 11 AIR 1045 "0/01/88 12:01 A,M Dale and hnur endorsement Sakes ellect omament No. PolicyNo. & Approved; United States AvtatlQn Underwriters, Inc., Aviation Managers 3 by M1 U+14 01 N i ti a, us00 UfA1G Aviation Liability Policy Dgletlon of Exclusion Endorsement- P perty Damage to "Your Product" and "Your Work" F his endorsement changes your policy. Please read It carefully. his endorsement modifies insurance provided under the following coverage(s): ® COMMERCIAL GENERAL LIABILITY COVERAGE f ❑ PRODUCTSICOMPLETED OPERATIONS COVERAGE ❑ LIQUOR LIABILITY COVERAGE Jj I 1~clusions k. and I. of Coverage A (Sect'on 1) do not apply. i j J I II ~j This endorsement does not change any of your coverage except as stated above. It is elfective on the dste and hour shown below, local Standard Time, pt the first Named Insured's address. f City of Denton Nicy issued lo: 12 ALO 1045 r 10/01/88 12:01 A.M. Ec4orsemeni No. Policy No. Date and hour endorsement take% etlect j Approved: United States Aviation Underwriters, inc., Aviation Managers AL/A 4010 1 0S 410 Aviation Liability Policy 14 WITNESS WHEREOF, each of the Companies named on the face of this policy and l=sted below has caused this policy to be executed on their behalf by the ATPtion Managers. THE AETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 0~ S t e y President ' CONTINENTAL CASUALTY COMPANY Chicago, Illinois 49-124f lf~ • r; President f GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA ~lh ladelphis, Pennsylvania a.., ~re ~ j ~icretaf ~/l~ , C:!. i , Y / President Hull ORD FIRE INSURANCE COMPANY Hartford, Connecticut Sor atary ~resida~"~'s~c•~`'~ LIBERTY, MUTUAL INSURANCE COMPANY i i ! Boston, Massachusetts I 5 re at ry President MARYLAND CASUALTY COMPANY Baltimore, Maryland S cater YPresident ~L C ff f ROYAL INDEMNITY COMPA.ST pary f Charlotte, Nocth Carolina . ~I'da E / ~cstary Pres de t E /S T. PAUL FIRE AND MARINE INSURANCE COMPANY 0.4ND4«---' St. Paul, Minnesota 11r.~, Svrotary Presi ent STATE FARM MIRE AND CASUALTY COMPANY Bloomington, Illinois SrCretary Prea THE TRAVELERS INDEMNITY COMPANY i Hartford, Connecticut ~catarY President { UNITED STASES FIDELITY , 6 GUARANTY COMPANY ca- ~ 8altimotimora Maryland r44retary Pr! eat f ZURICH INSURANCE COMPANY 1CJC_~~ - Schaumburg, Illinois [7/ JV I~L~GG ~1Ql~t/ SKretary United States Manager Alf US T1 01 88 i or I-W -91r Table of Contents ne pol•cy ter oil The 'bodily rjwy or properly damage' must be caused by an occurrence' The 'occurrence' Iuu51 D@CldTati0n5 Page (Enclosed) like place in Ire "co,erage len" We will have the Fight and duly to defend any 'sun" seeking (hose damages But Named Insured and Malang Address (1) Theamourn we will pay For darnages islim,ted as descrtmd Policy Psnod in Section III Limils of Insurance, Desniiption of Business arid Location (2) We may irvesligale aid strie any claim of "suer' W cur Section is Coverages Page d,screuon, and Coverega A: (3) Our right and duly to defend end when we have used up Bodjly Injury and Properly Damage Liability the applicable lima 0 insurance in the payment of judg• "1n uring Agreement 1 ments or settlements under Coverages A or 8 or medical Wirsions 1 e,,penses under Coverage C. Coverage B- b Damages because of bodily injury' include damages clamed P9ebnal and Adverlising Injury Lability by any poll or organzabon for care, joss of services or dean Inkling Agreement 2 resulting at any lime from the 'bodily injury' Eaxdcsions 2 c "Property damage" [hat is loss of use of Iang Dle properly that Coverage C: is not physically injured shall be deemed to occur at the time Mai Payments of the "occurrence' that caused d. Insuring Agreement 3 2. Exclusions. Exclusions 3 This insurance does not apply to Supplementary Payments: Coverages A and B 3 a "Bodily ojury' er 'properly damage' expected or vaended Section It: Who Is can Insured 3 Iron the standpoint of the insured This exclusion does not Secll Ill: Llmlls OI Insurance 4 apply to 'bodily injury' resulting from the use of reasonable force to protect parsons or property. I~ Section IV: Commercial General 4 Bodily injury' or "properly damage' for which the Insvred is Liability Conditions.. . a oblgaled to pay damages by reason 0 the rssumpbon of habilny inacenlraIX or agreemenl, This exCIki does rot ap, Barltryptcy a to liability for damages Dutiee'In the Event of Occurrence, Claim or $614 4 (1)y Assumed in a Contract or agreement that is an 'insured Legal Anon Against US 4 Other lance . . . . . (2) Thal the I Tors or ' a Insured would nave in the aDSBnCa or Ins contract Prernho Auds a or ReGaNntationa 5 agreement. j f Seporaii0rl of Insureds 5 c Doody injury' perry tlamage" for which any Insured may be herd liable Ly by Ie aSOn d'. I Trans* W Rights of Recovery Against Others ltl Us 5 (1) Causing or contributing Io the intoxication of ony person; Section V. Definitions 5 (2) Thelumishingol alcoholic beverages toapersonunderIre @CIIO(1 VI( Common POIICy COnditi0n9 (Enclosed) legal drinking age or under the rntluence 0 alcohol of Section VI: (3) Any statute, ordinance or regulalion reialing to the sale. gilt distribution or use of alcoholic beverages Charges . Charge ton of Yax Books and Records This exclusion applies only if you are in the business of manulacWhng. distributing, selling, serving a lurri shing atco- Inspea2bns and Surveys heat beverages, Plernkaas d Any obligation of the lnsuied under a worlrers compensai on, Trans* Of your Rights and Duties Under this Poiicy disability beneblsor unemployment compensation law or any Nuclell Energy Exclusion Endorsement (Enclosed) s instal four. e "Bodily injury" to out of and in the course employment (1) A mpt~me of Ilh ensured rewilling d, of Various albns In tnis restrict Read the entire (2) The spouse. child, parerq. lxoner or sister at that emp dyes prow policy coverage. as a consequence or Iq above, policy eyNully to determine rights, duties and it l is and is rot This exclusro I lipphes carer Tnroughraul this policy the words "you" and "your" refer to the other her ar the Insured ruay be liable a5 an employer W in any otr capaCdyl and Named Insured shown In the Declarations. The words "we," "us" (2) To any op-galon to share damages win of repay someone - and "ouev refer to the Companies named on the face of this pot icy, else who must pay damages because of the injury, which W eollecilvellyckled the Company, and who doicrilly and This exclusion door not apply to liabihly assumed by the sewaall provide this Insurance 'Aviation Managers' means Insured under an'inP,red contract' United Swill Aviation Underwriters, Inc. Thewora"Insured" meansanypersonororganizationqualifying I (0 'Bodily injury' or 'properly damage' arising Out of r,e as ouch, tinder section 11; Who is in Insured. or escape pe 0 Of pants ed discharge dispersal, reeasa Other words and phrases that appear in quotation marks hays or esc pollutants Special Spooning. Refer to Section V; Definitions, (a) fu or Uo m premises you own, rent of occupy (b) At of from any si I e or lot anon used by or for you of others for the handling, slorage, disposal, processing or treatment or walla, Section 1: Coverages (c) with are at any hind Iranspoded handled stored. Irealed, disposed d, or processed as waste by or for Coverage A: Bodily Injury and' you or any person or organization for whom you may Property Damage Llability be legally respuns ble or 1. Insuring Agreement. (d) At or from any silo or location on w1i you or any a. Ada will pay those sums Thal the Ins Wed becomes legally contractors or subcontrdclors working di'eclly or j obigaled to pay as damages because of "bodily usury" Or inddecily on your behdl are performing "peraliens "properly damage" to which its insurance applies No other (l) d the polfulanlS are brought U l or Id Ire site or Ioca obligaton or liability to pay sums or perform acts or services bon in connection wdh Such opeiationS. o' isopvere0 untessexplionly piowded for .rider Supplementary (n) if the operations are to felt (of monitor. clean uo Payments. Coverages A and B This msi.ranceapplies only IQ ieiriove Conlarn, bear, demxdy or oeulah:e Ire "bodily ,nlury' and'propecty damage" which occurs during pollutants 1 ALO US 01 01 80 s pur3yrahh (u) tit rti 5 e~aus'on Juts nil upUiy lJ'p,ef,cr{y , t2),My Ies S cOSl of expense an9r r>] Oul Of ar~Y gC'+errv'Cn1al Uymager~ludid ,n IhU prwduGlSCGm plt'led ~EUi atienS difear OnI , or request [nil you test lor, monior, clean up. hazard hPropOnd n~ya ~Yu_ur proJucl' ar ~s ,y out of it of aiy_pill. ;ferttOVe. Contain, treat, detexity or neutralize polluianis i - pe&1 nts means any solid, liquid, gaseous or thermal irritant at it , orW[aminant, including smoke, vapor, soul, lumos. aids a,4,s. CheriCdl9 Intl vi Wasle rncluduS m3lwnafs to be ,CI it 1 of it anynd.}n iduSj damed i a ln'ye Ihe w Welk" sCaJmpuot at !eloa cd it Or arty Op0{atpap rradtled, reconditioned or reclaimed ~'ProdudyCoan5 1 hata+C' 13) 'Dotl'IY njury' or "property damage' arang out of an vThiseoiclus~ondxsatapPyit hedamaUUdwork orlhawu'k ~~prNnorvnentel dsluibance" or for sums or away Lis clauned cul d which the dame a of rses was perlamed on your pehdl, 44 damages to the extent Vial such sums or awards were, by a subcontract. . )tyrant payment or compensation for file tak,rg of or e.ercrse m. Pro nydaniuga~ to'knp3aod p(operty' or property 11131 has Cpl rights w th respect to the property 01 others. not been pnys~ca~ly injwetl anslng out u1. Y nvuorwr i disturbance" means (p A detect, dchoency, inadequacy or dangerous condemn a) noise (whether audrb40 10 the human ear or net) or in "your product" of 'y0uf work', or vrbfabon, including Senn boom and similar 2 A deli or failure by you or anyone acting on your boiled phenomena assodaled Alin cans some and super O to perform a concoct or agreemoril m uccerdance with its 3 sonic movement, generated by the ope(won of arcrat [arms r all any all its pans, This exclusion does not apply 10 the loss of uw of other prop- ; (b) interference with the quiet enjoyment 01 property by operation of aircraft. arty arsling p(od out of sudden aid accidental pnysoal tit to p overnight a other "your r pwducl' or "your work" alter it has been put to to its J3ut •envuonmenfal dislurbance' does i include rose, intended use. Vibration, poltulanlsor interference resulting trom clash or n. oam3ges ctaimed for any loss, cost or c,penso incurred by Collision of a vehcle or aircraft operaled+n an emergency you or others fa it le loss d use, w,thdi, recall, inspection, f f+ituation. repair, replacement adjustment, removal of disposal d. g, "Bodily injury" or property damage arising outol theov,ner 1 "Your rOd", Si ma~ntenance~ use or entrustment 1001J`00501 any auciah. P 2) 'Your work', Of ay(p' or watercraft owned or operated by or f anted or loaned (3) "Impaired property" to arIX insured Use includes operation, includ ng aircraft 'in it such producl, work Of prut,urlY isw6hdrawn of rucalluJ burn irgm and 'loadrr;rof unloading" like marketa from use by ally personor orguniii L8A0u5e TN} Door ion does not apply tb of a konwn or suspected JuteCI, dellemncY inadequacy or (1),A watercraft wale ashore on premises you own or rent, dangerous condition in it (2) A water ralt you do not own that is 0, °Ploperly damage" arising cut of the appropriation or lakng (a) Less than 26 tell long, and or property or properly rights by gove,nmerial power b) Not being used to carry poisons of property fora p •i injury' Or 'property damage arising out d any conlesh charge; exhiblon, armeel, air race, arc sl row. parachute lumping of sky (3) Park rig en "auto" en, or orrthe ways next to premises you diving. permitted, sponsaud by or parUOpatud in by you of °pwn of rent, provided the "auto" IS not owned by or rented any insured to damage by life to .pr loaned 10 you Or The Insured. Exclusions c. through n. do not app Y (4) (,iabildy assumed under any 'insured contract" for the remises tanned to you. A separwu i of insurance apptiex to ownership, marnlenante a use of aircraft or watercraft or this coverage as duscobed in Section 18. Limits a Insurarnce (5).'Bbday injury' a'property damage" arising out Of the open M+er+of any d the equipne" listed in paragraph 1(2) of I (3) Coverage B. Personal and pi the definition ol'mob0e equ'pmert' (Sectors v10) h 'Eld ily injury' or "property damage" arising out of Advertising Injury 1-lability (1) The %ransponation or 'mobila equipment" by an "auiS A, Inswing Agreement. pwned or operated by of rented or loaned to any Insured a vie will pay those sums Ihaf the insured becomes legally or obrrgaled to pay as damages because of "personal injury" or (~.Xpa used "mobile equipment" in, or whde+n Practice Of 'advertising injury" To which this insurance app[ palalan la, a great ranged lacing, speed a demolition obligation or liability to pay sums or perform acts Of services d lly upptem Vn'lesl or in eny stunting ii is covered unless alliGlly provided for under S the ri gill an and a duly y Injury' of 'props.I y damage' due 10 war, whether or payments Coverages A and B We will nave t eelarrsd, Of any act or condition incident to war War to do erW any "suit" seeking those damages, eul iynCludes civil war, insurrection. rebellion Of revolution. This (l) TM eamounlwe will payladamages iskuiiiledasdescrtxd p.dus on applies only to liability assumed under a contract or in section III Limits d insurance', agfgement (2) We may investigate and settle any claim or "suit' at our If pI party damage" to discreliom, and (1) ropil you own, rent, or occupy; (3) Our tight arid duty to dulend end when we have used up (2) Ij mises you sell, give away a abandon, d the "pfcperty the apptrcable limit of hisurance in the payment of judg )dynago' arses out of any part all those premises, meets or selllemerAS wider Coverages A or B or medical (3) jtropeny joined to you, expenses under Coverage C. it caused by (4) rwnat property in your care custody or control, b, This insurance apples to "personal injury" only (5) pat partcular part of real property on which you W any an offense. yotractois of subcontractors working areal Of rn0aedlY tl) Committed in the tovdrage 1BnAOy" during the pU1iCy I Din yew behalf are perlormlog operaaom, it the "property period, and arises Jul d those operalonsor (2) Arising owl of the condtrd d your b or usiness, i do 1 ptamage ng Ef (6) Thal particular pan d any property that mus; be restored. advertising, publishing, bwOdeaslrny telecasting done repaired or replaced because "your work" walnoorrecly by Of or you I Performed on A. c The insurance applies to "adverUS rig injury' only it wised by paragraph (2) of lets ex,dwson does nor apply I the prernses an offense committed. fdrnlnry' during the puhcy puriou and era urn work" and were never occupied. reread or held tar p) In Ihu "coverage (2) Jr) the course of advertising Your goods, produUS or leby you paragraplp hsas(3), (a), (5) and (G) of this e~duson do not apV1Y services to zasumed under a srdeVack agreemenlo ,p+opert 2 Exclusions 10 (A) d this exclusion does not apply y 111,s insurance does not apply 10 " darmage ro aucraft when your control is solely for the purpose a -personal injury" or "adverbsng injury or if}elrng Of lralfic Cali of an ailci3n. I r, 2 ,1 (1) At s nq out of waI Or writer) publication of material, if done amuunls wrthrn the applicable haul of -insurance We do nol have Eye at the direction of the Insured tooth know'edge of is to furnish those bonds, tol Uty' 4 All reasonable expenses,ncunod by The Insured al our requesl (2) Arising out of oral or written publ,calioa of material whose to as;,sl us in the investigation or defense Of the claim or "suit" NO publication look place before the beginning d the including actual loss of earnings up to SIDO a day because of Time gplri period; oil Irom work. (3) illopaif1g out Of The willful violation of a penal statute or 5 Al! costs taxed aga,nsl the Insured in the ''Suit" grod"rice COMMIlLd by Of with the consent of the insured. S fro judgment inleresl awarded against the Insured on that part of q the ludr;ment we pay, If we make an offer to pay the applicable (s) fpr which the Insured has assumed lability in a contract hmd of insurance, we will nor pay any prejudgment mleresl based Q epreemert This exclusion does not apply to hablrty for an that period of time after the oiler Wnages that the Insured wCuld have a the absence of me 7 All interest an the lull amount of a judgmeN aid that accrues after aontrad or agreement any entry the judgment and before we have nave pad, altered to pay, e b "Advertising Injury' arising out ol: deposited in taus, the earl 01 [he judgment that is within the (1) Bleach of contract, other than misappfoprialion of adven applicable land of insurance. Wig Ideas under an x ied Coni l These payments will not reduce the limits of insurance, (2) The failure of goods, products d Services 10 conform with advertised quality or performance; Section l Who is an h?sured (3)T?w wrong description of the price of goods, products or 1. It you are designated in the Declarations as. lientroM Of (4) An offense commined by an Insured whose business is a, An individual, you and your spouse are Insureds, but only with ls respect to the Conduct Of a business of which you aia the sole ft~yertrq, broadcasting, piblisnrng or leiecashng yo owner b, A partnership or joint venture. you are an Insured, Your COvei C: Medical Payments members, yow Carriers, and Then spouses are also Insureds, 1. Insuring /ogreemenb but only with respect to the conduct of your business a. We 49 pay medical expenses as described be+Ow Tor "bodily c. An organization other Irian a partnership or joint venture, you injuryo caused by an accident: are an Insured. Your executve officers and directors are (1) premises you own or rent Insureds but only with respect 10 their duties as your officers or 1 directors. (2) Chi ways next to premises you own or rent; or iespeesped to Their liability as stS100kty as stare also lnsweds, but only with ockholders. (3) Egbause of youf Operations; 2. Each of the following is also an Insured. proxold trial. a Your employees, other than your executive Officers, but Onlly for (1) The accident takes place in the 'coverage territory" and acts wilhln the Scapa of their employment by you. However. i during the polocy period; none Of these employees is an insured for, (2) Tile expenses are incurred and reported to us vwdhin one (1) "Bodily injury" or 'personal injury' to you or to a co. , W Of the date of me accident; and employee white in the course Of his OI her eniploymenl: or i (3) The injuned person submits to examrnahdn, al our expense (2) 'Bodily inquiry' or °personal injury' arising out Of his or her ptfywilil of our choice as often as w9 reasonably prawding or larirng to provide proressional health Care require services, or b We Toil make these payments regardless of laulb These (3) "P,operly damage" to property owned or occupied by or paylnants wig rid exceed the applicable !unit of insurance. We rented or loaned 10 that employpo, any of your other we pay reasonable expenses loxp employeesp or any of your partners of members (of you are (1) Fn1 aid of the rime of an aoeic'enb a partnership or font vertlure), (2) Necessary medical, surgical, iii. ray and dental services, b Any person (other than your employee). Or any Organization irt(,luding proslnrtie devices, and while acting as your real estale rnanager. (3) Necessary ambulance, hosplal, professional nursing and c Any person or organization having proper lempaary custody fu(leol services d your properly it you oia bul Only. 2. ExCluwq(* (1) With respect to liability arising out of the maintenance ortuse Vie wl to pay expenses Tor 'bodily injury." of mat property, and a. To ary Insured, (2) Umd your legal lepresenlalwe has been appointed. b. To a person hired 10 do work for or on behalf Of any Insured J Your legal represonlalw9 it your die, but only with respect lit Of a Want of any insured. duuesassuch That repreYeutatrve will have all your righlsand c. To a person injured on that part of premises you own or rent dunes under this Coverage that Itla person normally occupies, e, Any airport manager of yours while acting within the scope of d. k 8 r50n, whether ar not an employee of any Insured II dupes as your airport manager. P berta" for Vie'bodly Tali ai a payable or must be prov ided 3, Wan respect to "mobile equipment' registered in your name under under a workers compenmit on or disability benefits law of a any motor vehicle i law, airy person is an Insured while srm I law, driving such equipment alroo,g a public hryhvi with your permis. 6 To to person apured while taking part in a1h!e1iCS. son. Any Other person o Organization responsible for me conduct I. lnduder can Inn Ne 'write taking p rated of such person is also an Insured, but only will) respecl to liabddy p Operations hazard' arising out of Vte operation of llie eguipmeol, aria only if no other g Evikiped under Coverage A, insurance CO arty kind rs available 10 hat person a organization for h Due to war, whether or not declared, or any act or Condtion this liability. However, no person of organeab0n is an Insured vi Incrdgnt to wan War includes civil war, msurrecuon, rebellion or respxl to l ravotl"n. a "Bodily injury" to a Co ernpluyne of the person daring the j equipment, Or II Supplementary Payments: la "Property damage' to property owned by, rented to. in the Coverages A and B charge 01 or occupied by you Or the employer u1 any person who is an Insured under this piovision. We will pay, with respect to any claim 01 "suit" we delend 4 Any organization you newly acquire or 1(rm, other than o purbter 1. Ad expenses wo incur shop or joint vmnrWe, and ovef which you manldm uwriunsh,p or 2 Up to 32501 Cost of ball bonds required because of accidents malurdy or leresl, fill be deemed to be a Named Insured it there s of IraRp low violations arising but of 1710 use of any venCle IO which no (liter Similar insurance avad it to that urgarn:ubun 11owo.vt the Bodily Injury lrabdily Coverage applies, We do not have To a COverap(Uiic7er lhs prOV,,rurt i5anOrJPJdily urrld Ate91711t Jdy rirtn+sh these bonds. aller you acquire of ICim Ihu orq;lnilalion of, Vie end ul lino 3 The coat of bonds to release attachments. but only lot bond policy peaoo, whiChevei s earlier, 3 it a (1) Airlpfhg Oulnl Oral o whom pubtiCabon 01 material, d done drnounli wI,es the appPGjCIe Inr~d 01 InsufanCO ny'9 d0 not pare by of at the tlrt~CUOn or the InSu"d wilh knowledge or its 4 AIIturn's Lle open ses incurred by the Insured 31 Cur fequesl l wrif• If, asSisl us in the nves6gabon of delense of lhu claim or "suiV (2) Arising out W oral or wnnen pud~[aLOn of material whose ,ncludin actual loss of eartnngs up to S100 a day because of nme " publication look place before the beginning or tire off from work, pgfioy period. 5 All costs taxed against the Insued in Ina 'Su' (3) 4*ng out at the willful volition of a penal statute of eres on that nsure inst part 90nanceCOnvpde0 by of With he Consent 01 the Insured, 6 Pre ludgmenl we paya11 we mal,eaan oBerl10 pa ylhe appl cabal limn of insurance, we will not pay any Pre-judgment Interest based (4) Fix which fie Insured halt assumed liability in a contract at period d lima after the Oiler All that (/agreement This exclusiondoes nolapply 10 liability Inn on on Ina lull amount el any ludgmenl Vial acciu[s after Q~tfnages that the insured woukd have in U e ah5e ce d he pn0act or agreement deify ot the ludgmenl and before we have paid, offered 10 it pay or e b 7+dy~isug injury' arising out of deposited in coup the part d the judgment that is within are appeade lirnit of insurance (1) Breach of contract, other than misapproprlal~;,n of advar• These payments ill nit reduce the hints or insurance. Wg ideas under an implied contract, (2)TTetausad qu~aProducts ofervicestoconlormwith Section I Who Is an Insured (3) "wrong description d U1e price Of 90005, products or 1. It you are designated in the Declarations all services, a a, An individual, you and your spouse are Insureds, our only with (4)MOdensecommitled by an Insured whose business Is respect 1e the conduct or a business d which you ;a the solo adypAill broadcasting, publishing Of telecasting. owner. ii b. A partnership or pint venture, You are an insured your Covereq~ C: Medical Payments members, your partners, and Iner spouses are also Insureds. but enly wlh respect to the conduct of your business. 1. InwrMq Agraemenl. c. An organization other Nan a partnership or JOIN ventl you a. Wegalpaymedicarexpensesasdescribedbelow104 bodily are an tihsuredYour executive otlcers and directors are injuf~ caused by an aceident Insureds but only with respect to their duties as your pNicers of (1) premises you own or renb directors. Your stxkholders are also Insureds, but only with (2) n9y! (Yxt W pfemise9 you own or rent, of respect to their liability as sockholdeis, (3) etil of your operatioM 2 Each otthe repaving is also an insured prwi~fad Thal a Your employees, other than your executive oll but only for (1) The accident lakes place in the boerage territory" and acts within the Scope Of their emp40Ymen1 by YOU. However, none of these employees ro an Insured fa. U09 I" policy peril' 1 uddy injury' or 'personal injury' 10 You or to a co- (2) Tina ari Penses all incurred and repor ed to us within one O "Bemployeewhile in the course 01 his or her employment: or AW of the dale Or the accident; and p) -Bodily Inlur " or "personal injury' aris ng out Or his or her (3) The injured person submilsloe-amination,at cur expense providing of Jailing to prOvIde Proressi " health care 4 physicians or our crioice as orlon as we reasonably servicea of i rilltrAlrs 3 Pro er damage' to property owned or occupied by or b YVa ii make these payments regardless 01 lault These O ,anted of loaned to hat employee. mry 01 your omen ' paygwnts w11 nil exceed Ufa applicable frnA d irnsurarxa We employees, a ant d your partners or members (n You are i will pay reasonable expenses la. a partnership or 1010. venlme). i (1) Flfl aid at the lime of an accident; b. Any person (other than your employee), or any agarozalron (2) Necessary medical, Surgical, k ray and ii services, while acting as your rear estate manager. Ir inpluding prosthelb devices, and c Any person or agaNzahan having proper temporary cuslody (3) pjBCnssary ambulance, hospital, professional nursing and of your property it you die, but only fit l services. (1) Will respect to liabdny arising out d the maintenance Of use 2, Excluslq(te all Mal propeny, and We W41 V pay expanses br bodily injury' (2) Unltl your legal repieSi lve nay been appO~nted a. To afy Insured, d Your legal represOnlatroe it your Cie. but only wllh respect Id b TO a person hired 10 do work for or on behall Of any Insured 4ulles as such That represUnlUlli wilt have all your rights Li or is gnarl, Of arty insured duties under this Coverage c. To a person injured on that part d premises you own of fen( e, AN airport manager OI Yours while acting within the scope of teal the person normally Occupies duties as your Oll manager d To a parson, whether a not an employee of any Insured, I 3 With respect r0'mobile equ p+nent' reyr tend in your name under baheytl V the "bodily Intery' are payable a must be provided any motor vehicle reg,ti lrol+ law. Oil ry person is an insured while undet a workers compeosN on or disability beheld! law of a driving such equipment Rielly a public highway with your Pori Silrkly )Q'K Sion. Any other person O Ofganizal`') Iesponsiua for the conduct lial e. To stpe130n 'njured white taking part n athlehCS. or such person 6 also an 1n5U+ed, but only with lesped l0 other C4 It' I. Included within No "Products CompleteC Operations hazard' nsui an cout e of ally kinnd 11 it ~ able agiha person o~o organization ion for + g Excll under Coverage A. this liability h, Due I w K whether of not declared, or any act or condition respect to However, no person or Of gar moon i5 an insured wile yncidgn110 war War 1flcludes civil war insurrection, rebellion or a '•Bodlly njury" 10 a cc employee or the person diving the IaWltil equpmenr, Or I b 'Property damage' to property owned W, reined to, in e Supplementary Payyments: charge Or or occupied by you or the emlyoyer u1 any person Coverages A and d who is an Insured under this provision newly We will PaY, with respect to any claim or "suit" we defend 4 Any or lonntavlon entu eta d over vil re or lorrin, you ma Maiul .1 pirimr or 4 t. All expenses we Incur ma writ inle+e,t will be deemovl to be a Named insured it there is I 2 up to $250 lot cost 01 bad bonds requited because or acudenls no lithe sirndar xisuiaince availdure lu that o gan,tuuun. However of 1raft laW y~dati )ns aising Oui d the u°.e c YJ dot not have to a CrNerage a ider tins prwisihn i's allorded only unto e it 90111 day me Bodty Injury Liability Coverage applies tiller you acquire or full Uw oltjdnaalioo or, fill end of the rurnish 4hese bonds, pCICy period, whichever is earlier, 3 The ceet of bands to release alachmenl5, but only for bond 3 .j co4'Iir.j~r1 er "Pro P'.rly 4r,'r dr 'e us Cr I,pe A, as 3l) r.tana J=rs '0 a u,n cCOr 15 b Coverage A dies not 3pPly to ai'd cvur inlurnial Gn barrage" that occurred before yaJ aGgWled or lolniCd Ina rJ) Cocp(-e3 e wdh us Or Ir.a A" al r_'n fdana;Je,s •n lne it N: bin organization and g3,on selaelni or de',unso of the Cann or toil and c Coverage t3 does 1013130 to 'Personal rtUry' or "ad'iert9~n~g ass 5t us or lha A+ uton hlanay.!'s upon o'..r of 1bP. Paa injury' 0n9ng out of an offense cummlCed before you aCqun _d (4) i,un hlanagals request in Ine enloic ~rrcnt of any right or formed Ne organizat'on agains[ an ersonor organizarun Ahicn may be liablelo 5 II you are a D'ubm'e government. political or munioDal Cor puralion Ina Insured because e! In jury or, damage to anon This in5ur or agency lneied. board. commission or aull,orrty created of a once may also apply publiQ'governmeril d No Insureds wall. except a[ Iner own cost. voluntarily make a a Any elected public official, paym(nt, assumeli obligation, nr Incur any expense, olner b. Any elected or appointed executive, than for first aid, wdhuut our Or the Aviation Managers' consent. c " board, commission or authority member 1, Legal action against Us. No perscip of organlzalion is an insured will) respect to the conduct No person or orgarnzahcn has a right under iris Coverage of any current past partnership or tort senture that is not shown a To join us as a party or olnerAise bring us h,lo a'sun' asking as a Nar+rd Insured in the Declarations for damages from an Insured or L b To sue us on this Coverage unless all of its terms have been $ectlon 111. Llmlts of Insurance fully complied with 1, The L4nes of Insurance shown in the Declarations and the rules A person or organization may sue us to recover on an agree? below~lSR We most we will pay regardless of the number of. settlement or on a final judgment against an inured obtained ahef an actual trial, but we will not be liable tot damages That are not a. its, payable under the terms of this Coveraqe or that are in excess of b C C[lann laims made or "Suits' brought; or the applicable lmmd of insurance. An agreed settlement Mears a C Persons or organu:alwns making claims Or bringing 'Suds" settlement and release of liability signed by us, the Insured and 2 The 113eneraf Aggregate Limp 19 the most we will pay lot the sum d. the claimarn or the cfarmoni 9 legal representative. a. Mod ca! expenses under Coverage C, and a, Other Insurance. i t b DYrtages under Coverage A and Coverage B, except If chat valid andcelteclible insurance is available to the Insuied j damages because of injury and damage included in the for Gloss As cover underCoverages A or a of Isis Coverage our "ProduclslCompleled Operations hazard' obligations are limbed s follows. j The Prpducts, Completed Cperamrs Aggregate Lifmd is the most a Pr Mary Insurance we wit pay under Coverage A lot damages because d injury and This insurance is primary except when b below applies d ibis iI damage r0urded in the'producm completed operations natard' ~nswance is Dl~mary, our obligations err rid alleCed unless arnl Subjep to J. above. the Personal and Advertising InL(y Limit is Of [be other insurance is also primary. Then, we will slate with I ire redo we will pay under Coverage B for pie sum of elf d um ages all that otter nswance by the metha! described in o below b. Ftess insurance biec"auas of all 'personal ill and all 'advernsinq injury- al sustained by any one person or erganlzauort Insurance a excess ova any d the other insurance S Limiedt 2. of st w will whichever applies. me Each Occufrenca whether primary, excess, contingenl or on any other bass + j imbathe u will pay for and sum d'. jq Ina: is Fire.:Alended Cover age, Builders Risk. Inslaealion e Damages s under ndeer r Coverage Ai a Risk or similw roverage lot 'your work", l~ b. hAS expenses under Coverage C l2) That is Fire insurance lot premises fabled to you, or t7ecaysor e d d all "DOdily injury' and "proper{ damage arising cut 13) A Ine loss arises out d the maintenance or use or overall. of any OM t7oCURenCe" ~ulcs' of watercraft to the extent not subject to Exclusion l tl Subli 10 S above, Me Fire Damage Limb is the most we will pay g of Coverage A (Section 1). under Coverage A la damages because of'propery damage When tors insurance is across, we wAE have no duly under to prsptiees rented 10 you arising Out d any one lire. Coverage A of B to defend any claim or 'buit" that any other 7. Subjod to S above, the Medical Expense Lund a the most we will insurer has a duly to Uelend. II no Othat insurer defends we pay Wider CoxerargeC lot ail medical expenses because of'boi will and!rake toJO so but we will be entitled 10 the Insureds ~i injury! sustained any one person. W rights ali al other ille hen Nis nsu ati,ce seexcess s overrother insurance. we war pay The IalMicro arid d Coverage to any remLi apply sl Period Aq at retov each Nan t2 12 months, nUve only our Shan r 01 the amount of th81054, it any, that exceeds ialti . [artlnq loth the beginning of tha nq e policy period shown in the Oecl ecla Idol amount Inat an such other Insurance would pay f al of UWs the oq period is ex[onded alli issuance for oil addi ( tht)e sus sum of yono porw d tens Nan 12 ri"S In Nat case Ne addilonai period lot the loss mil Ne Gat all such of s r insur n and xe oll In insurance m ill ilr :+eam per fI the last Di ecrar31n9 period la purposes d borer (2) The total of as deduclrble and %al! insured amounts under mning Limits of Insurance. all that other insurance. We will share the remaining foss, it any, with any other rnsur• Section 1V V. Commercial General ante that is not described in this Exces9 Insurance provision $ectl and was not bought specilicaly to aPpy in excess d the Orras Liabifllty Conditions for Insurance snows in the Declarations of this Coverage. t Banlgyplcy, a Method of sharing rrr)i Barknupky of insolvency of the Insured or of the Insureds estate 11 1 01 we other r insura method als co n iloulc Nis I-V a col ljdel will rd In thee u9 d our eCrider this Coverage. eShales, will ach insurer contributes equal amounts unlil it has paid its 2. a YoU M the event of occurrence. a oe claim a suit applicable Ilmlt of insurance or none of the loss remains, whah- . Ye,! must see to ! Mal a or the Aviation Managers are nom ever comes fast- f should promptly ld inc an lu'de afnenCB Worth may Iesull in dClaim. 11 any of the other insurance dues not permit controobon by ' f Nd. equal snares. we wtl conlnbule by tmAS Under his method. i tt4 T e names and addresses of any nlju red persons and each insurers snare i4 based on ing ratio of its applic ble lrlrM d insurance to the total applicable limits of insurance of all wanes ses. osui ors b It a claim t made or i9 M against any Insured you 5. Premium AariL e to if Nat we or cl the Avalon Manages receive prompt Ne will compute all premiui nS lof Ii Coveiage o i accordance mull sei wrlban notice any of the Clairol of "suwlh Cur rules and rates r c. goy and any other id us or Insured vi mull. b Pie❑ ium snoAn in Ails Covetafllf e,9 advance Pieinium is a (1} Immediately send rt9 or the ovulation 6Wer4 copes of deposit premium only At the ulusa of each audit p:aud r,a any demecds, notices, Summonses o or r legal pace is wolf compute the earned premium lot trial peal Au'7'I I@C0ive0 in connection w'Ih the claim or 3 "sal"'. 4 I I Two ti I i. lyWRiums are due and p30pel on notice to Inc rI51 Nained of angintl RQrs DI dulOrOlabOn insured '•f Iris Sum of Me advance and 3udt LIerNWrs pad an Nm'EOna I+edw trig 3'Clarl is rn O+Ing unity d9 Uwn Power Or Ifir Ne policy trnm IsgrOnler than line earred Pfe'murn we will engine return the excess to the fuel Na1„ed Insured inner a um genarate0 by its b A rNOrcran IS n mot cn' when Is folcrs are muron' its a G The List NdrpM Insured mU51 heap records of 1hB In10 Rn a'.On sea needle premrumcas,pulalron, Jnd Sand uS WV,uS a1 such 8 "Ins1i cl ured COnnacle naaM tlfnes 89 we may request. Q pag9tenla ions a A lease of p:emaes, By ltpeepling his policy, you agree b A sidetrack agreement. a. Tile suYtmuntsfn thsocelaralions are accurale and complete, c, An easernent of license agroernenl in corm CC lion wI{h veh Clp D. Thos statpmants are based upon representalons you made d. Any Other easement crossings except tin grcorrevader nrtn tq ua, and C. We have issued this policy in reliance upon y0W fcedf oadcUOn or demol610n ope+abpn9 on or wdhfn 501eel of a' representalrons. 7. on of Insured. e, An IrKlemOificaron 01 3 munclpalAy as roqu~led by 0rtl'nance. somalf C,capt won respect to Ine limit! Of Insurance and any ngn19 Cr except i" cone,"licn wllh work lot a municipally; dutisa spoclllaally e9sigred in this Ciolnei to Ine brw Named 1, An elavalor mJUVJnance agreement, of Usull Nrt Insurance apples g. Trial part Of anyourar cofuralor agreement Paflaning to your A N e each flamed insured 'w9re ma only Nam" Insured and business under which you assume Nat IUn liebdey 01 anOther or 'pooperly D Separately to can Insured against wnorn claim is made or dto pay dIM090 beCauS amage' to a third pe sureof torganza if the contract or 'suit' It brought d reemenl 4 made prior 10 the bodily rnjJy" Of 'properly a. Transler of rights of fecovtry against elites to Us damage" Toituao,my meansa liability that would be unposea II~ If theIMured ha rights tolecovef all Or Part of any payment we br l]w in the aOsenCe 01 any contract or aglCernOnl. havemadeuMnr IhisCoverage. those rights 3relfensferred10 us. An 'insured contract' does not include the[ Part or any contract This Insured must do nothing aver loss to ell them. At our requaat, Ih' Insured will bring "Bull' Or llanslat Nose nghls 10 us Or agreen,Cnl: 1 and hN0 01 enforce Nem, a. TI,d1 In res an alcndect engineer or suneya for -"July t of namage age arising out or iry preparing, approving or Foiling to prepare or approve maps, See~lOn V. Definitions drawings, opinions, reports, .wveys, change OfC011, 'f designs of specificalicns; or s 1. "Adnffsrbeirrq injury' means injury arl91nq out d one Of more of the (2) l wing ddaclicls or Instruct one, of falling to give them, if following dlense9'. that 4lne prlrnary cause or the injury or damage, i a written publiealion Of material lhdl standees of libels a b Under which ho Insured, 11 an archlleCl engineer of surveyot. I jK'sOn of OrgarulebOrl of disparages a person! Or Orgdn12 assumes liability for injury or damage &rising out of Ine i tkn't goods products Of sti Insureds tender,ng or jailing to render prolessidnd stil to of l or written pu llfcation ol malanal that violates a persons Including NUQe hated In a. above and 5UPell isOfy, IrSPOCI10n Vi to O+IVacy; a engineering services; Of s l G pfrtapproprlation of advertising ideas of style 01 doing busy c That indeirnvlres any person a organrtallon la damage tr NO naas; 01 to promises fill of loaned IO you, d. IrtbingerreM of copyngnl, Iltle or slogan, g. "lpadmg of unloading' means the handling of property I f 2 'Autdr means a land mtlra vehicle Bader of semeradaf designed a Allier 11 r9 moved trDm Iho place where it is accepted lot move- r foe lit" on pud;v loads, InC1V jinq any ahdChed machinery Or front into 01 onto an alrcialt walarli or 'auto"; equiperfert Sul 'auto' does "include "mobile equipmi b White fI Is in of on in aucrall, wal0irratl or "Jule or 9 "SOdfy injury' mearsupdrly injury, sickness drd,Sease sustained *being From an aucra 1, warCfCiJ1 Or "aUIO'to 1Sy a Flat {prim inCludinq death resulting hpnf any of Ines! at shin c whIWhile pl d Iacs e *"is n II Is finally delivered, time, but 'loading or unloading' does not include ilia mc,,t nl of ~Cda~fegeted Slats of A r0 err mill of a meChanlCal device, Omer than 3 hand a, TAe Une Slates of Am Y. rte Canada; (including rt9 territories and trutlk. tj ati nor al ached to the arraefl walfi It or IWO' pparAlp ohs). Puerto Rico and Ca 1g °M1 IEe equlpment' means any d the Iollowmq lypes of land not occur in the course to lryarrabonat wafers of airspace, of Itaav of e1 l or if is in anspjury of damage vehicles, including any aharhed machinery or equipment ' Irryn n a, above; Of a BuAdozes, farm machinery, lo'kl Jts and olhel vahale9 fool any pace rot included aded d 11 onal 0n l0 Or a Al parts of Na world it! designed jot use prmclpary olf pudic loads) (1 The injury or damage arises out of b vehlcf06 mamlamed lot list solely tln Of nord to p fi you own or lent, (a) decode piO ab made or SOitl try you in IhB let'hlpry c V^.nicles that Iravol on crawler usads, deKflbad in a o above, or (D) The aC1rvA1e9 of a person vvh09e homes in Ne tlrnipry of Vahlcre9, wh Plhel SBIrpr0y91led or riot mainlau lad primer. / to described in a. above, but is away for a short time on ~ i pooaer a3nasospermonenllla mounted or onus. or r your twslness; and rfaun equipment such as the lnwrMtresponarbJitytOpaydamagesisdetermined (2) flood consuucuon u fZ g in a lug on IAe merit, in the ternbry described in a. apple graders. scrapers or hollers, ti jl of in a settlement we kgree id, el venh'les no; described in a.. to c. Or d. above that are not 9efr S Irnpyred properly' means length pfopeny, Omer Nan your pro propelled and are malrilalned primarily to provide moblf,ly 10 duct' (X your work', that CWAV be U5,A Of 19 lens useful because permanently attached equipment d iris following types e It ifewpofalee'your product" or "input work" that is known or il) Air compressors, pumps and ganeraldre, Including V*ughl to be b ft have sled to ofu~I lhete m%C113 OtherBe;rOf darl 39o0menotr 1 onYrgMlnq and vl Servicing e7 'p~nlyINOal e,plera• i 11 sui.Yl property can be raddled 10 use Of, (2) Cherry ppchal9 and similar devices used to false or lower a The repair, replacement, adjustment or rem" of 'you' f yeti rk not dl•scnbed in J, b. e. or d abpl'e malnlained pflt y work or primarily lot purWsesolhoAlantheIriozponal'onOIpefsons I'1 b ybujr lul uIldting the e terms Of the contract or agreement Cafg6 'Tn Nffltl' meant However sell PIOPefted veholus with Via 10uowlnq type9 lit a. When a fixed wing aircraft, us "In ILghl' t from Itoms Nu landing a run moves efmanlnlP arlached equ'pirelA ara not "mobile egwpmelH' b I AaPdoplooaaaAiq9 'in 1n ll Ilfor rghl' and whilwhen It olois are e in motion a a9 a . rCrutl put will be cort91tlered "autos' . e its F colon . r S TIP V low M ~ c F 1 ' t7 "~cw work" means (I) Equipment designed pnmanly for a Woik or oPraaoons per'ormed ty you or on you renal, and (a) Snow removals b klalenals, palls Or egU,pmenl lurnlsnod in cons, pclion 6,111 such lb) Aoadma,rlenanca br'l nil construcnon or lesunaung. work or oporations (c) Street cleaning, "your work' includes walr,inl,e4 01 represenral~Ons mneVU at any (2) cherry pcsals and similar devices mounted on autanobde nn,e wah respercl io loo binrrss quelliy, dulau'ly or performance I, a truck chaslis and used to (also or lower w0lFert. and of any a Ire diems included 13 or b. at lye. (Air compressors, pun,psr and Qgenerators, including ban spayv gj y,etdrv]r building . rq. yon, hghtrng and wet serycni equipment to suustantaty accident the including general u haml 11. repaaYd means on 12. peWal injury' meane inpary, aher Nan 'badly rnury;' arcing out d"of more d the faloo ing orenses: a hW arrest detontion of mpnsonmeri b. Vlytcrhle prosecutron• a Wrongful entry lnla or eviction of a person from, it room. dvstalling or premises that Ne pi Lx7cuPles, d, Oet or written publicalrOn of material that slanders or libels a prupn or organization or disparages a poisons or orgaro:a• f~ <ppti goods, products of services: or a pre{ or wnnen puWitatkxl of maleliy Nat Naates a persons rot of privacy 13 a p~uctslcompleledOperalanshazard' M:ludesall'bodily ir(ley' and *Properly damage" occurring a ~ ao ~Uem~leks yw own or lert and wag out of *YW p extyvl. (t~' Products that are still o your physical possession, or (2)WWk ON has rot yet been completad Of abandoned I` b Ili work' wA be deemed completed at the eartrenil of be tobgw6q 4rilea. (1) yllhon all of the work called lot in your contrail has been (21'"n all the work to be done at the site has been Coln. ' petted y your contract calls Oar work at more than one ule (31,When that plat d the ri We W. a pb sae has been put to its intended era by any P?Ison Of orgarnzmlon aher Nan '"or contractor or subcontractor working on Ne same Circled iNprk that may reed ten co. manti'rance, cormci repair on foplacema^I• but which is othervlse Complete. will be treated to Competed This hazard does nil include 'bodily injury' or 'properly damage' ara.lgout of. (1)^The hsnr Vtatron d Property, unless Ne injury Or damage Si out d t Condition in of on a vehicle created by the loading or unloading' of t. (Mha existence d loai unr>started equiprert or abandoned pr unured materlals: (3)➢,ddlacla of operations col which Ne CI895ifiCe!ion in this Coverage or in our manual of rules incluoet pfoducts or Completed operations, 14, 'ProprMly damage' meane: a. Pftyeioal injury to IangiWe prWeny, including all insulting loss of IAN CA that prcpertYi Of a LCO d use d tangible p(opwly that is rot physically injured 15. 'Surf means a civil proceeding in whin dari becausa of 1xKV rjcrryI 'popery damati 'personal injury' or ydvenisinq I inr,,rgs to which this insurer apWl," are aneged. Sun' includes an arb"Pon proceeding alleging such damages to which you { must eybmn of submil well our consant. to Nair ploduct' means. ma wfailu ed. a Any goods o(poducu, aher than lost property 1 cola, handled, disvvrbuted or disposed a by. (1) You; (2) QNers trading under your rams, or (3( A person or organizaton whose business or assets you tyre acquired, and b Conlin rs (other than vehicles) materials pans of equipment turelshed in connection with such goods Or produces 'thee prodi includes warranties or iepresenltl,ora made al arty timo wiilh lowri to the fitness, quality, durability or performance of " d the items included in a and b above. 'Your e ~ p Of ocaild linclude o use lot oehols hint ratd other sadvrop Y ralyled IMIUON CeT'r1a~tM fG111r,Md P\VlfMf tdKK1101P • '\9\rm ir low F i, 1 r jIf . I I I I ~ I C G I I } I ~ . ~ V a CITY of DENTON / 215 E, McKinney / Denton, Texas 76201 MEMORANDUM DATE: September 11, 1989 TO: The Honorable Mayor and Members of the City Council f FR014: John F. McUrane, Executive Director of Finance SUdJCCT: YEAR END BI1DGhT ADJUSTMhNfS 1 Pursuant to City Charter, Sec. 807, the attached resolution, as indicated on Exhibit "A", is to make allowance for projected } f i expenditures for City departments. 'i'bis adjustment will E increase expenditures by $78,550, whicn will be offset by corresponding increases in revenue. This adjustment will not I impact Fund Balance. ~ i k n~F. 1• cGrahe j K'IcD:af Attachments 4841F i 2776L d RESOLUTION N0. A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1989-90; AND DECLARING AN EFFECTIVE DATE, "A" SECTION I, The budget adjustmenta, as indicated on Exhibit , attac a hereto and included by reference herein, for the fiscal year 1989-90 are hereby, in all things, approved and ratified. SECTION II. That this r3solution shall become effective imme3lateFy upon its passage and approval. PASSED AND APPROVED this the day of September, 1989. 1 I tep ens, ayoT" r""-" i I ATTEST: r enn er TsTt`ers, ty ecretary APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY 1 i BY: i Ii I i I I r I ~ CITY of OENTON / 215 E. McKinney ' Denlon, Was 76201 MEMORANDUM DATE: September 15, 1989 TO: Lloyd V. Harrell, City Manager , FROM: Mark L. McDaniel, Budget Analyst TH RU: John F. McGrane, Executive Director of Finance Ir SUBJECT: BUUGhl' AUJUSTMLNf ORDINANCE With reference to the 1989-9U Budget Adjustment Ordinance, the { following is an explanation of budget variances. In your review, please nake note that the Genoral fund contributed $3b3,276 out of operating budgets to eliminate the Insurance Fund deficit. f ` 1. PER; UNNEL fhe Personnel uepartment is estimating a shortfall of approximately $9,650 due to extensive turnoret, overtime hours dedicated to addressing the insurance problem, unbudgeted training expenses and the expenses associated with administering Pclice and Fire entry level exams. Cho $9,650 overage will be offset by unexpended funds in the data Processing Department. (The Personnel Department contributed $3,000 toward elimination of the Insurance Fund deficit.) 2. PARKS MAIN'T'ENANCE me Parks Maintenance budget will experience a shortfall of approximately $5,451j. This shortfall can be attributed to the unbudgeted exrenses associated with maintenance of the County Cuurthous. grounds. (Plrase note the revenue increase of $5,450 from contract proceeds, which is a J corresponding offset for this overage.) 1 1 F Memo to Lloyd V, Harrell September 15, 1989 Page 2 3. LIBRARY fne Library budget shortfall ($2U,000) can be attributed to miscaiculation of surplus available for funding the Insurance Fund deficit. The $20,000 overage will be offset by unexpended funds in the Data Processing and Leisure Services departments. (The Library contributed $41,,167 toward eliminating the insurance fund deficit.) 4. ENGINEERING The Engineering budget shortfall ($11,OUO} can be ' attributed to an unbudgeted reclassification and over expenditures in vehicle maintenance, telephone, fuel and motor pool. The $11,000 shortfall will be offset by unexpended Funds in the Street Patching UivIsloil. The E En ineering Department contributed $12,427 toward the elimination of the Insurance Fund deficit.) 5. COMMUNITY SERVICES ADMINISTRAf[UN The overage in Community Services Administration can be attributed to over expenditures for personal services, radio maintenance, postage for code enforcement notices, and unbudggeted funds for an equipment lease thought to be a lease/puruiase Itern. Over expenditures for personal f services were due to necessary and unbudgeted office/support that this division provided to Code Enforcement an-1 Environmental Health Services, [tie $3,500 shortfall will be offset by unexpended funds in the Code Enforcement Uivision. j 6. S'T'REET PATCHING ' The $BU,UUU in year-end unobligated funds for this division are intended to offset the budget shortfall for street cut revenue, as well as budget shortfalls in other Public Works Divisions. Further, some anticipate] expenditures for this Uivision have not been realized this fiscal year, but are anticipated during the coming year. --.1 7. STREET SWEEPING/DRAINAGE Tne overage in Sweeping/Drainage ($17,500) is due to extensive use of overtime during extraordinary icy weather in winter months, thus requiring r«ore manpower hours for sanding streets. The $17,500 shortfall will be offset by unexpended funds in the Street Patching Uivision. I 1 I V i k + 4 i r Memo to Lloyd V. Harrell September 15, 1989 Page 3 B. FIRE DEPARCMENT Fire Department ovorages can be attributed to shift losses and overtime, which have resulted from the disability of seventeen employees dud the uccurrence of two (2) major firLs (See Attachment A as provided by Chief Cook.) The $141,000 shortfall will be offset by unexpended funds in finance, Legal', Municipal Judge, Planning, and Street Patching Departments. (The Fire Department contributed $20,000 toward elimination of the Ias~iranco Fund deficit.) 9. PULiCE DEPARTMENI' 'The Police Department overage of $15,000 can be attributed to the termination of employees with accumulated leave, and the unanticipated use of overtime for court duty. The $15,000 shortfall will be offset by unexpended funds in the Street Patching Division, Me Police Department contributed $64,565 toward the elimination of the Insurance Fund deficit.) 10. REVENUES fhe adjustments to revenues are due to increases in 1 actual collection of hotel/Motel Occupancy taxes ($28,500) f delinquent Ad Valorem taxes (35U,000), and the unbudgeted County Courthouse grounds contract ($5,450). Please note corresponding expenditures in Finance Miscellaneous, Accounting Miscellaneous and Parks Maintenance respectively. If you would like additional information regarding the above budget valances, please advise. ar .~Mc anigl MLMcU:af Attachment 486UF + f 4 i V 1 r f ' EXHIBIT A GENERAL FUND BUDGET ADJUSTMENT FISCAL YEAR 1988-89 BUDGET TRANSFER MODIFIED DIVISION AGCY ORGAN 1988-89 AMOUNT BUDGET iti#;iititiiiitt ttiit#t#ttt#t##f if ttt4ttti#it iiiiit#t##iitti#i#iitt GEN GOV ADMIN 030 0001 451,437 451,437 LEGAL ADMIN 010 0004 354,462 (12,000) 3439462 MUNICIPAL JUDGE 0oll 0005 93,008 (50000) 88,008 PLANNING 5 455,350 (12,000) 443,350 50 001 FINANCE ADMIN 040 0020 226,196 (50000) 221,196 PURCHASING 040 0021 217,821 217,621 CUSTOMER SERVICE 040 0022 854,072 (37,100) 816,972 TREASURY 040 0023 213,444 213,444 ACCOUNTING 040 0024 407,872 (18,000) 389,872 ',AX 040 0025 60,745 60,745 MUNICIPAL COURT 040 0026 200,716 (15,000) 185,716 MUN SERV/ECON DEV 03Q 0u0 164,002 164,002 OPER ANALYSIS 034 0003 87,194 879194 PERSONNEL 035 0008 387,542 90650 391,192 WORD PROCESSING 036 0006 201,474 201,474 DATA PROCESSING 036 0017 744,656 (25,000) 719,656 BLDG OPERATIONS 032 0002 871,898 8110896 a PARKS & REC ADMIN 031 0060 225,722 225,722 LEISURE SERY 031 0062 941,759 (10,000) 931,759 PARKS MAINT 031 0064 899,077 50450 904,527 M LIBRARY ADMIN 033 007b 1980078 69000 202,078 LIB SUPPORT SERV 033 0012 265,173 91000 274,173 LIB ADULT SERY 033 0073 211,497 51000 12169497 72,264 LIB YOUTH SERV 033 0074 172,264 ENGINEERING 020 0010 8359793 11,000 866,793 + INSPECTIONS 020 0011 365,119 365,119 TRANS ENGINEERING 020 0012 380,573 3800673 AIRPORT 022 0019 95,058 95,058 COMM SERY 4DMIN 020 0030 2521826 3,500 7268,329 109169 STREET PATCHING 020 0031 790,169 (80,000) STREET SWEEP/DRAIN 020 0032 338,646 17,500 3589146 STREET CONST 020 0033 692,396 692,396 STREET LIGHTING GO 0034 303,000 303000 ' ENV HEALTH SERV 020 0035 118,523 (61000) 113,523 ANIMAL CONTROL 023 0044 265,941 265,941 FIRS ADMIN 060 0050 537,939 637,939 FIRE OPERATIONS 060 0051 20880,002 107,000 2,987,002 FIRE PREVENTION 060 0052 1630997 163,991 EMERG MED SERV 060 0053 801,858 35,000 836,858 EMERG MGMT 021 0007 62,844 62,844 CRIMINAL INVEST 010 0041 805,204 51000 810,204 POLICE ADMIN 070 0042 741,702 747,702 1 i 1 EXHIBIT A GENERAL FUND BUDGET ADJUSTMENT FISCAL YEAR 1988-89 BUDGET TRANSFER MODIFIED DIVISION AGCY ORGAN 1988-89 AMOUNT BUDGET rsssstr:sstss:etr:ssrrtrtssr:stsrwrs:ststrs:rstr:srrrttsrrrsrtsr:s POLICE PATROL 070 0043 31186,238 10,000 3,198,236 FIN ADMIN MISC 041 020M 11880,514 128,500) 1,852,014 AJCTO MISC 041 024M 1,158,988 (50,000) 11108,998 PLANNING MISC 051 015M 156,800 1564800 TOTAL EXPENDITURE ADJUSTMENT 23,743,583('18,500) 25,665,083 / aaassaaasasusassaasaaaaaasaaaaaasa REVENUE ADJUSTMENT HOTEL/MOTEL TAX REVENUES 330,000 28,500 358,503 DELINQUENT TAE REVENUES 173,200 50,000 223,200 COURTHOUSE GROUNDS CONTRACT 0 5,450 50450 TOTAL REVENUE ADJUSTMENT 78,500 sasaaasaaasass a aaaaasaa:aasaaaasae■ ~ 1 ` I I III I E , E I 1 I J I' i N I`I 1 r y. 4 ATTACHMENT A II i I REASONS FOR OVERTIME OVERAGE ~C"G 1 F1' 1988/89 t "A" Shift Shifts F.m_nloype Rank Reason Began End Lost Frank Captain workers Comp 10/29/88 11/28/88 10 Geodman Paramedic PM School Ol/16/89 05/12/89 40 Henderson Driver Injury 01/18/89 03/08/89 1G Milam Paramedic Resigned 02/01/89 09/30/89 99 ' Jenkins Bate Chief worVers Comp 02/26/89 06/20/89 37 Rutherford Driver Surgery 03/07/89 04/12/89 12 214 "B" Shift Shifts EmuloYpP Rank Reason Be an End Lost Murphey Fire Fighter Illness 12/26/88 08/20/89 72 Cranmore Driver Surgery 01/11/89 03/02/89 16 Kizer Driver Surgery 03/08/89 03/16/89 17 Watson Driver Accident 03/23/89 04/10/89 6 Dolgener Bat. Chief Accident 04107/89 04/25/89 6 Watson Driver injury 05/16/89 05/31/89 5 Laumen Driver Workers Comp 05/16/89 05/31/99 5 Kizer Driver Workers Comp 07/21/89 08/05/89 5 McConnell Fire Fighter E.1IT School 08/14189 09/16/80 1411 3 ! "C" Shift 4 Shifts Employ^.e Rank Pea son Be an End Lost i Meyers Captain Workers Comp 02/16/89 05/23/89 32 Taylor, 0. Paramedic Injury 03/24/89 04/13/89 8 Benson Paramedic Surgery 05/02/89 04/23/89 If Harral, E. Captain ?Iilitary Leave 06/17/89 01/03/89 6 Fairman Paramedic Workers Comp 06/25/89 09/30/83 33 Hickman Paramedic Workers Comp 07/01/89 07/19/89 6 Morris Fire Fighter PPI'f School 08/15/89 09/17/89 11 Drake Paramedic Resigned 08/27/89 09/30/89 115 TOTAL SHIFTS LOST 472 "A" Shift 1.86 per FTE ~i "B" Shift 1.25 = per FTE "C" Shift 1.00 c per FTE I I T-M I I I I I 1 a i L11 z r DATE: September 11, 1989 CITY COUNCIL REPORT FORMAT TO: Mayor an'. Members of the City Council FROM: Lloyd V. ',irrell, City Manager SUBJECT: PRUPUSED "OCCUPATIONAL INJURY BENEFIT" POLICY Recommendation: Staff recommends approving the prupused "Uccupational Injury Benefit" policy because it will inform supervisors and employees of their rights and respunsibilities provided by toe Workers' ' Compensation Law, protect the city's resources, and increase productivity. SUMMARY: The ro osed ~ p p policy discusses the benefits provided by the workers' Compensation Law and contain guidelines by which the jobs of Workers' Compensation claimants will oe filled with another regular f0 l-time employee. Even though the law does not require us to keep a positions open for a Workers' Compensation claimant, the proposed policy allows us to wait as long as possible before filling an employee's position. 4 The policy also takes great care to protect the rights of our employees and avoid wrongful termination law suits. Before filling t an employee's position, the Personnel and Legal Departments will review each case for compliance with this policy. Programs, Departments or Groups Affected: The productivity of City departments will be increased by this ' policy because positions left vacant by Workers' Compensation 4 claimants will not remain vacant more than seven months. r fiscal Ilapact: Tne City will receive a positive tinancial impact from improved productivity and a savings in benefits. Res futly s itte Llo V. Harrell ~ ~j7f~___✓ ~ City Manager i Prepared A roved: I ~ c rane E utive Director of finance 4829F 1 J r 1 , Y RESOLUTION NO. A RESOLUTION ADOPTING A POLICY REGARDING EMPLOYEE RULES AND REGULATIONS, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Director of the Personnel/Employee Relations Department for the City of Denton has presented a proposed policy regarding employee rules and, regulations for the Council's consideration; and WHEREAS, the City Council desires to adopt such policy as an official policy regarding employment with the city; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. The following policy, attached hereto and made a part hereof is hereby adopted as an official policy of the city of Denton, Texas: 107.06 Occupational Injury Benefit Program SECTION II. The foregoing policy is attached hereto and made a part hereof and shall be filed in the official records with the City Secretary. { 2ECTIO14 III. The Employee Rules and Regulations of 1976 N adopted by Resolution of the City Council on February 1, 1977, are hereby rescinded to the extent they conflict with the foregoing policy and with any administrative procedures and directives issued under the authority of the City Manager implementing the policy' hereby adopted. SECTION IV. This Resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _ - 1989. RAY STEPHENSO MAYOR ATTEST: JENNIFER WAL'TERS, CITY SECRETARY I APPROVED AS TO LEGAL FORM: DEPRA ADAMI DRAYOVITCE{, CITY ATTOPJ;EY BY 89-497 N 1 y • PACE 1 OF 6 CITY OF DENTON POLIOT/ADMINISTRATIVE PROOEDURE/ADMINISTRATIVE DIREOTIVE REFERENCE SECTION: PERS09NEL/EMPLOYEE RELATIONS NUMBER; 107.06 EFFECTIVE DATE: SUBJECT: EMPLOYEE BENEFITS AND SERSICES REPLACES: TITLE OCCU?ATIONAL INJURY BENEFIT PROGRAM POLICY STATEMENT: It is the City of Denton's po.icy to provide benefits to t>gular full-time, regular part-time, temporary and seasonal employees, as well as volunteers as detailed in Articles 8305 through 8309h, Texas Workers' Compensation Ant (TWCA), V.A.C.S., as amended. ADMINISTRATIVE PROCEDURES: I. GENERAL A. The industrially injured worker is entitled, under the Texas Workers' Compensation Act, Articles 8306 through 8309h, V.A,C.S. ('Act') to receive from his employer full medical services and cash benefits for temporary disabilities and for permanent disabilities. The widow and dependents of employees killed in industrial accidents are entitled to death benefits pursuAnt to the Act, B. The Act applies to regular full-time, regular part-time, and temporary employees, as well as volunteers. The Act applies only to physical injuries and occupational diseaees that arise out of and in the course of employment. It does not apply to natural illnesses which are not caused or aggravated by any such physical injury, Co Ai employee who is injured on the job must notify his supervisor immediately unless the injury is of a nature that prohibits such notification, such as unconsciousness. D. The Risk Management 01'fice shall be responsible for the overall supervision, coordination, and implomentation of the City's Workers' Compensation Program. All questions relative to the specific application of the Act should be directed to the Risk Management Office, which will coordinate with the Legal and Personnel Departments, if appropriate. E, In some cases, the position of an employee who has bean injured on the job may be filled due to business necessity. In such cases, his benefits under the Act will not be affected. Terminations will be J carried out in accordance with the policies of the City of Denton, E -I No ir low r d f 3 J T Page--L-of- 6 POLICY ADMINISTRATIVE PROCEDURE ADMINISTRATIVE DIRECTIVE TITLE: OCCUPATIONAL INJURY BENEFIT PROGRAh ntinued) INUMBER: 107,06 °i It All employees who are Full Dut covered by the Act and who are y Status shall not engage in any em without the written in a less than Personnel Department, approval of the Risk Management whatsoever t Office and G• E"Ployees who have been Inj secondary employment wlthoutured on the job and Director of Personnel wit approval of the engage in any disciplinary action, ployee Relations, shall Risk Manager and be subject to II, THE SUPERVISORS' SPONSIBILITIES IN COMPENSATION PROGRAM:RE ADMINIS'fR, QING THE WORKERS' A• The supervisor ly reported. insure that all occupational immediately re orted. injutias are B' The supervisor employees who shall arrange for a pereanal his designee suffer major lost time injuries, contact with encouraged to all employee within contact The supervisor to em1^jur forty-eight (4E) hours an Injured subordinate Y• Concern by the supervisor for after the initial report of an Injured employee could he morale and well-being of anxieties. Failure to be expected to be interpreted b malntatn contact with an partially alleviate the city, Y that employee as a lack of concInjured ee ern on etheapartmof Co The supervisor ' aPpropriate should review all accident action to minimize the reorepot ccuccurre and take accidents, rrence of such D. The supervisor shall also copy of the Deal forward to Risk Management employee shall 9do t " of Statue a completed provide to him, Du'~ form, which the Injured E• A Fret Resort department ~~-0--Ery (form Y) must _ sent to E- be completed b possible, and no the Risk Management Office as y h occupational Injury later than three (3) calendar soon as s days after any E P' An fro to er' completed ~Y-t`s"' SuPlemental by the Dde Report of In ur Office within t'.;ree partment and submitted (form rik must be (3) calendar da to the Risk Management Ye of the following; An injured employee's Duty Status non-working (I,e• changes from wo work and be ins , a previously injured employee w rking to non-worl,in g to lose time again dug ho returns to 4 to working status, to the same injury) or numerous time' and, if These citcumstaincea statue change, B0' an E'Z must be com may recur ~ Plated it each T-W a r Page 3 of 6 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) ' IAEPERENCE TITLE: OCCUPATIONAL INJURY BENEFIT PROGRAM 1NUMBER: 107.06 it 2. If an injured employee does not return to work after sixty M (60) consecutive calendar days. An E-2 must be completed on the 60th day and on every consecutive 60th calendar day thereafter. The initiation and discontinuance of Workers' Compensation benefits is contingent upon the completion and timely submission of the E-2 form. The E-2 form must be completed and submitted within three (3) calendar days of tha status chance. G. In case an employee is seriously injured or dies, the Risk Management Office must be notified immediately. If the accident occurs during 1 other than normal working hours, the department should immediately notify the Risk Manager at his residence. III. IND!VISUAL EMPLOYEES' RESPONSIBILITIES III ADMINISTERING THE WORKERS' COMPENSATION PROGRAM: A. Each employee who is injured on the job must immediately notify his i supervisor when the injury occurs, unless the injury is of a nature that prohibits such notification. The Act requires an employee to notify his employer within thirty (301 days of the date of the injury and to report such injury to the Industrial Accident Board (IAB) within six (6) months. The IAB will send forms to the employee to be completed. An employee may forfeit his rights to all benefits if he fails to notify his supervisor or the I.A.B. B. It is the responsibility of thr: employee injured on the job to have the Designation of Duty S:a;us form filled out by the examining physician and returned to his supervisor immediately in accordanca with this policy. C. An employee who is on occupational injury leave must contact his supervisor on a weekly baste. If the employee is unable to make contact personally, he should have someone contact his supervisor on his behalf. The city must be aware of the employee's status in order to plan and assign work duties and responsibilities in an efficient manner. D. An employee who fails to contact his supervisor in accordance with the above shall be subject to disciplinary actions in accordance with the City's disciplinary policy. 1 1, IV. NON-CIVIL SERVICE EMPLOYEES' WORK STATUS! A. An employee's position (excluding Civil Service personnel in the Police and Fire Departments) may also be filled due to business `k E I ~ I j I z 7 i t I i • y I Page 4 of b POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: OCCUPATIONAL INJURY BENEFIT PROGRAM IREPERE: INUMBER 107.06 - I necessity if he falls within one of the following categories: 1. The employee must have been off work, or has been unable to perform all the duties of his normal position for a period of at 1 least one hundred and eighty (180) calendar days, and his physician does not anticipate his return to a full work status for at least an additional thirty (3U) calendar days. r 0,i 2. The employee whose frequency and number of lost time injuries, and/or the number of days in which he is unable to perform all the duties of his position, is such that the employee's contribution to the division is minimal and non-productive during a period of at least one hundred and c,ghty (180) days, and his f physician does not anticipate any change in status for an ` additional thirty (30) calendar days. j B. No employee's position shall be filled on the basis of business necessity until he has been unable to perform all his duties, or j intermittently performed his duties, for at least one hundred and eighty (180) calendar days and medical records indicate he will not V return to full duty statue for an additional thirty (30) calendar ' days. 1. Prior to filling an employee's position due to business ' necessity, the employee shall be given an opportunity to obtain employment either within or outside the City service. t 2. The employee can compete for open positions within the City, in accordance with the city's employment policyt however, the City cannot_guarantee that a suitable position will be found, 3. If a supervisor believes an injured employee's position on the basis of business necessity, the supervisor s will make such a recommendation to the Personnel Department. The Personnel Department and Legal Department will verify the business necessity documentation and, if appropriate, the Personnel Department will initiat-.+ proceedings to fill the r,sition in accordance with the City's policies. 1 C. In the event an injured worker's position is filled, he shall be `r terminated due to the unavailability of a position, in accordance with the policies of the city of Denton. V. CIVIL SERVICE EMPLOYEES (POLICIES AND FINAL WORK STATUS) i A. An employee who is subject to Chapter 143 of the Texas Local Government Code, and who is injured on the job will be paid workers' i 1 y, p w r Page 5 of 6 POLICY ADMINISTRATIVE pROCEDURdLADMINISTRATIVE DIRECTIVE iREPtinued) TITLE= OCCUPATIONAL INJURY BENEFIT PROGRAM iNUMBER; 107.06 Compensation indemnity payments plus wage continuation benefit payments such that the total equals 100% of normal pay, beginning the eighth day of occupational disability after the first day off from work. If the disability continues for four i4) weeks or more, the initial week of compensation will be paid retroactively. B. An employee subject to Chapter 143 of the Texas Local Government Code, and who is off work due to an on-the-job injury, receives wage ' continuation for a time period not to exceed one (1) year. The City 4 Council may extend the salary supplement benefits in part or whole. I Barring such action, the employee may then use accumulated sick leave, personal leave, or other accrued benefits. C. Workers' Compensation benefits will continue in accordance with the Act. 1 VI. MEDICAL TREATMENT: A. City employees covered under the workers' Compensation Act shall have the sole right to select or chocae the physiclans and/or facilities to furnish medical aid, hospital services and nursing as may i reasonably be required at the time of the injury, and at any time thereafter, to cure and relieve the effects naturally resulting from the injury. However, the City shall have the privilege of having any injured employee examined by physicians and/or facilities of its choice. i B. When an injured employee is initially referred for medical treatment, 1 and subsequent treatment, the employee will have his physician 1 complete a Designation of Duty Status form. This form will be returned to the employee's superaisor following each treatment. VII. POLICY DEFINITIONSI A. 'BUSINESS NECESSITY' is when a division's productivity is adversely affected because an employee is nct able to perform his regular duties as a result of an on-the-job injury. This includes, but is not limited to, e. reduction in service to citizens, a reduction in i the workload of other employees, and the prevention of goals and objectives from being met. B. 'INJURY' refers to any injury to the physical structure of the body, or a part thereof, which requires medical treatment. It shall not include any illness, disease or infection, unless such condition is directly caused by and naturally results from an on-the-job physical injury or environmental hazard. For purposes of this policy, injuries will be considered 'on-the-job' only when the employee is 1 f ~ I I Page 6 of 6 r i, POLICYADMINISTRATIV¢ PROCEDURE/ADMINISTAATIV6 iIPS~TIVE (COntinuedl ' IREFERENCB TITLES OCCUPATIONAL INJURY BENEFIT PROGRAM INDMBER; 207.06 I Performing an assigned or regularly scheduled job function directly related to his/her current City of Denton employment. This does not include any extracurricular activities which may be sponsored by the City (i.e., picnics, sporting events or other recreational-type activities), C. 'REGULAR FULL-TIME EMPLOYEES' are employees budgeted to work at least forty (40) hours per week on a continuing basis. D. 'REGULAR PART-TIME EMPLOYEES' are employees budgeted to work less than forty i40) hours per week. E. 'TEMPORARY EMPLOYEES' are employees who work a specified number of f hours per week for a limited period of time. Such positions are { deleted after expiration of the authorized period. F. 'SEASONAL EMPLOYEES' are employees who work a specific number of house per week during a specific work season. The need for such positions usually recurs on an annual basis. O. 'TEMPORARY DISABILITIES' consist principally of soft tissue injuries and simple fractures that may require some loss of work time, These 11 can evolve into permanent disabling injuries If not properly handled. N. 'PERMANENT DISABILITIES' - are severe injuries which result in the ~ r injured party receiving irreversible disability after the injury ) If heals. 1 REFERENCE FORTS! Em to ec's First Reportof Iniurv (FormE-11 Employs!s Su lement_al Reuoct of Injury (form E-7} Designation of Dutv Status iPO[m 2127G/2) 4042? 01/07/89 i i i f F -1 P 1 f f i I s l 1 i pill' i i e G T0: The Mayor and Members of the City Council FROM: Joe Thompson, Airport Manager DATE: September 1, 19g9 SUBJECT: Resolution Accepting the Fede:dl Aviation Administration Grant Offer We have recently received a grant offer from the Federal Aviation I A dministration in the amount of $333,000. Thcse funds will be used to reace th draintem of 45 year old tin horn which has outland isecausinggtheyAirport to have serious erosionpproblems. rusted ng order to receive these funds, it will be necessarv for the City ' to adopt the attached Resolution officithe offer aof nd Denton t obligating the City to comply with the ally acceptiI might grant ti, point out that we have already agreed to complywithdthesesconditions in v01 matrantschi. In the rant offer pro- project, which totalse$33,~000. to pro_ The Airport Advisory Board has unanimously recommended the acceptance of this grant offer, Should you have any questions , Please lac me know, 't'hank you for your cooperation. + Joe SThompso- ::-5 Attachments: Resolution Grant Documents 1 JT/hw I~ 1 J I DATE: CITY COUNCIL REPORT FORMAT TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Federal Aviation Administration Grant Agreement RECOMMENDATION: It is the recommendation of the Airport Advisory Board and the Airport ManagF:r to approve the Federal Aviation Administration Grant for drainage improvements to the Denton Municipal Airport. Grant 03-48-0067-04. SUMMAR Y: There will be a cost to the City of Denton of 10% is the Grant is approved by the City Council. BACKGROUND: Every year we make pre-applications to the Federal Aviation Administra- tion under the Capital Improvements Program for improvements to the Denton Municipal Airport. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED. This agreement will not affect any other department or group, j FISCAL 1`d PACT: There will be a cost of 10%. Grant 03-46-0067-04. Respecttully submitted: v Lloy V. Harrel?., C y Manager Prepared by: Name Title Approved: a Ns me Title J 1 i [r1[ f I e t I I M 27b6L k RESOLUTION N0. _ A A RESOLUTION ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $300,000.00 FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS AT THE DENTON MUNICIPAL AIRPORT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has submitted to tho Federal Aviation Administration an application for federal assistance for a grant of federal funds for a project for development of the Denton Municipal Airport; and WHEREAS, the Federal Aviation Administration has approved a project for development of the Airport consisting of the construction of drainage improvements; and WHEREAS, the Federal Aviation Administration has submitted to the City of Denton a Grant Offer in the amount of Three Hundred Thousand ($300,000.00) Dollars for the construction of such improvements; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: j SECTION I. That the City of Denton hereby accepts the Grant Offer and agrees to comply with all of the assurances and conditions contained in the Grant Application and the Grant Offer, and the City Manager of the City of Denton or his designee is hereby authorized to execute such agreements. i i SECTION II. That this resolution shall become effective immeaisf'eZ y upon its passage and approval. PASSED AND APPROVED this the day of 1989. I Ray Stephens, Mayor ATTEST: Jenniffir-Va-fters, City Secretary APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH s I BY: . I I / I Y CITY Ol DENYON /215 p, McKinney /Denton, Texas 76201 NEMORANUUM UAfE: September 15, lde~ TU: Lloyd V. Harrell, city Manager FROM: John F. McGrane, Executive Director of Finance SUBJECT: FAA GRANT The City was recently awarded a grant from the Federal Aviation Administration in the amount of $33300DU. Proposed funding for tine city's ten OUt} percent or $3300U0 inatcn will be City Manager's Contingency account i from the expenditure n the iieneral Fund. This Will still leave sufficient funds to cover unforseen emergency expenses for the remainder of the year. Please advise if you need further information. c W a n e in i JFMc6:af 4861F i 1 L/ { y l 4 Page 1 of 4 pages i GRANT AGREEMENT FOR DEVELOPMENT PROJECT US D%X rmwl crtlonsportonon Part 1-Offer F*denM kriafta+ tg89 AQrnMtratton Date of Offers AUO 9 1 Airports Denton Municipal Project No. 3-44-0067-04 I Contract No, DOT FA 89 SW-8818 1 TO: The City of Denton, Texas } (herein referred to as the "Sponsor") I f FROM; The United states or America (acting through the Federal Aviation Administration, herein referred to as she "FAA") WHEREAS, the Sponsor has submitted to the FAA a Project Application ( also called an Applicatlon for Federal Assistance) dared August 30, 1989 , for a grant of Federal j funds for a project for development of the Denton Municipal Airport (herein called the "Airport"), together with plans and specifications for such project, which Application for Federal Assistance, as approved by N the FAA is hereby Incorporated herein and made a part hereof; and WHEREAS, the FAA has approved a project for development of the Airport (herein called ~ the "Project") consisting of the follo%ing-described airport development; Miscellaneous drainage improvements, P ~y 1 . all as more particularly described in the property map and plans and specifications Incor• porated in the said Application for Federal Assistance. FM Fors 5100.51 ( 2-68) Developssent or Wetsa Program J ---------~..R t t' , Page 2 of 4 pages NOW THEREFORE, pursuant to and for the purpose of carrying out the provisions of the Airport and Airway Improvement Act of 1962, as amended by the Airport and Airway Safety and Capeoity Expansion Act of 1987, herein called the "Act," and/or the Aviation Safety and Noise Abatement Act of 1979, and in consideration of (a) the Sponeor's adoption and ratification of the representations and assurances contained in said Project Application sad its acceptance of this Offer as hereinafter provided, and (b) the benefits to accrue to the United States and the public from the accompliahmeat of the Project and compliance with the assurances and conditions as herein provided, THE FP,DERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay, as the United States share of the allowable coats incurred in accomplishing the Project, ninety percentum of all allowable project costs, i This Offer is made on and subject to the following terms and conditionst Conditions 1, The maximum obligation of the United States payable under this offer shall be $3000000, 2. The allowable Coate of the project shall not include any coats determined by the FAA to be ineligible for consideration as to allowability under the Act. I k 3. Payment of the Unitsd States share of the allowable project costs will be made pursuant to and in accordance with the proviaioca of such regulations and procedures is the Secretary shall proscribe. Final determination of the United States share will be bated upon the final audit of the total amount of allowable project coats and settlement will be made for any upward or downward adjustments to the Federal share of costs, d, The sponsor shall carry out and complete the Project without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe, and agrees to comply with the assurances which were made part of the project applioatioa, 5, The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptaacs by the sponsor, 4 6, This offer shall expire sad the United States shall not be obligated to pay any part of the costs of the project unless this offer has been accepted by the sponsor on or before Seotszber g_g _ or each subsequent date as may be prescribed in writing. by t~-YAA, FAA Form 5100.37 (2/68) Davelopnont or Noise Program i i r 9 y a 4 I i Page 3 of 4 Pages ' 7. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any other manner in any project ` upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any M other Federal grant agreement. It shall obtain the approval of Secretary as to any determination of the amount of the vederal shthe are of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shell furnish to the Secretar y, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover I suoh funds. All settlements or other final positions of the sponsor, in 1 court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. r 8. The United States shell not be responsible or liable for damage to property or injury to persona which may arise from, or be incident to, compliance with this grant agreement. 9. The property map referred to on Page 1 of this Grant Agreement is the Property Map, Exhibit "A", attached to the Application Federal Assistance attached to the Grant Agreement fProject No. 3-48-0067.01. i 10. The plans and specifications referred to on Page 1 of this Grant Agreement are the preliminary plans approved by the FAA on August 18, 1989. i 1.1. The Sponsor hereby agrees that it will not advertise for bids, award a i contract or commence construction of any development in this project until i it has submitted final plans and specifications satisfactory to the Administrator for such development, and such plans and specifications have been approved. It is understood that the United States will not make nor be obligated to risks any payment for such development until the Sponsor has submitted such plans and specifications and they have been approved as herein provided. The Sponsor further agrees that it will submit said final plans and specificaticns to the Administrator no later than 60 days from the date of this Grant Agreement. I I FAA Fora 3100-37 (2-88) Development or Noise Program t r The Sponsor's, acceptance of this Offer and ratification and adoption aof 4 of a pages Application incorporated herein shell be evidenced by exe the Project ; cution of this Instrument by the Sponsor, a hereinafter provided, and this Offer and Acceptance comprise e Grant Agreement, as provided by the Act, conett shalt And rights the United States and the t utLng the contractual obligations of the Project and compliance with th Comprise Sponsor with respect to the accomplishment Such Grant Agreement shall b e assurances and ecome effective upon the Sponsor's as provided herein. acceptance of this Offer, UNITED STATES OF AMERICA I FEDERAL AVIATION ADMINISTRATION i (Title) Man_a~ Safety and inn+arrg_t Pert II Acceptance The Sponsor done hereby ratify and adopt all assurances, varrantEes statements, representations, , cove nants, and agreements contained In the Project on and Incorporated mlter1411 referred to In the foregoing Offer and does hereby accept this r Offer and by such acceptance agrees to comply with 411 of the terms and conditions / in this offer and in the Project Application, Executed this dry of , 19 , I THE CITY OF DFy4TON. J EXAS INam! of Sponsor) (SEAL) By ZSDonsor'rI ' Designs fed Offtelel Representative Title Attestr I Titles _ i CERTIFICATE OF SPONSOR'S ATTORNEY I That acting as Attorney for the Sponsor do hereby certify, In my oPlnion the Sponsor !e empowered to enter into the :3rsgoing Grant Agreement ~ under the law of the State of _1'exas I the foregoing Grant Agreement and the actions taken by said Sponsorhrelatingvthere o, and find that the acceptance thereof by said Sponsor and Sponsoe'e official -has been duly authortatd and that the executioreof to on all roffic due and proper n the representative and in accordance with the laws of the 1411 State and the Act. In addition, for grants projects to be carried out on property not owned by the Sponsor, there are no legal lmpodistents that will prevent lull performance by the Sponsor. rurthtr, itismy opinion that the said Grant Agreement constitutes a 10841 and binding obligation of the Sponsor in accordance with the torte thereof. 4 Dated at this day of i Slgnaturo of Sponsor's Attorney j FAA Form $100.31 (2/88) Development or Noise Program s J J T EDERAL ASSISTANCE cANrs AMU. FEDERAL L AMI• ME9Z813940' L. a MAOM Or1 M Mw Na twaooos 1. rYH uAnm WON summes ,t„ ❑ wra or.nvrr IOrr10NU~ com a OA❑ h® Fw and dq ® Aftan04 ^ eT"n » 4A Aw 75-660 000514W F110v'- Mm C[7 OF DENION 1 ~T~ µA y0 O,No 215E. MCKINNEY DENTON L Cw* DENTOV oi•~ 12I a P I O I TEXAS tlvftM. 76201 hnM fA6w JOE THOMPSON m[ATOLE 0 .yN") (817) 566-841'9 L TRIt ? MU OF AP"-CAKM PPOSCI &W tram IV W w ICAO Is AIRPORT IMPROVEMENT PROGRAM -TYPI MtM~oLl "Aft a 0~" a W"W al M 04 OF APPLCA IREOP09 DRAINACE IMPROVEMENTS s ~ 0-600-601.0 gum r...vp10 Mr E 1. ARtA OF PRDrCT VAtT lNrw r w~ w►"raiwi iy! 10, tE11YATED MA1101 I'll, 1`111 11 OF AaErTANCt OP FtM01r IENEFrTY/0 +~ir a w $-cow 8v wrr it A110NOttD P11A010 1/. CNW41004AL WTrI M OP: 14. TM oP 4j r10N / a APPUGAR ► 1000ACT &~'"'y 33 000 ,o/ 26 a"' 26 n.nr/ownwq/wre.r AO IL W45ky /TART IL llgw kvw UXA DAr1 lw wwA M CU1Ar10N aa0~,~ oA'O"'i W a rmw 19 n 10,19 08 30 6 wrr ao.+~" AWN ~--T-T-~ DA MA To T01/ 1 333 00001 P1010tu A0610Y s, 16 Fw ..r A9 A" L u _y is gOdNl AftpCy TO MOM 11lObE1T A ministration so lawOrOPtOEAALORAM a oROA+Iwr1oNAL IfiR p► a IDtM7 WON M MIA v a Re ion Air ort Standards Sectiun 3-48-0067-04 a Federal Aviation Administr on Fort Worth, Texas 763D3-06S2 11. REw<ARKSADOeo IL ' Ift to L On WT= OF wwrtmallmp A rod sm IN w •aUasossrVppslsni OalOpl for/ IMOCaM P011 RINIW OIe MMJGVR N 1111 &W "v*4 /r tNwAwl to DA dMiAM w+M a1r0Aa/ awww M0, MOOILW r MOT DOMEIItO M LO.1ssT1 V 11b a1al11YA1 Y M*aK OR PftMAAM WS NW 1W 1LLXM 1Y ErATI P011 ACMW 6 L TYPE IM611 AND TTR/ 1101NRMa @MAIM Joe Tlxrpson, Airport !Jauger For aryl y I AL PEDWE A- MA1~1 I h I Ir. ACTION 1'AIOYI tl a AMMg9 vow Fr w b /r rir ki j o a Io AUNCUM T FWLMMU PoR L ADrIK / AO It. 11 a Iw //11 tt 1 Fw moo&OON piOW p tl a Krl L AO TION (Alw NAPIAW "04W M Pm LO.lots 11rN1110N a ITATE 40 DDAAIRE 11 Io to It =4 a. w+,Rw Arotc a IRTAIP-CM7 4 at W"HDP* ^ L ?MAL 1 YM c) NO f 1a1111tg01 e0t 110 AW%'A4 ADMON -1 FORM AO ❑ f•7-VA-M, 1-111 r Nor t11A1Lt n.++++r b OMs C "iv 4-1a1 1 C 1 I 4 Y DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION ADMINISTRATION OMe No jC,%C14. PART II PROJECT APPROVAL INFORMATION SECTION A item 1. Does this assistance request require Slate, kcal, Name of Governing Body regional, of other priority rolingy Priorily Railing Y e s -d-. No Item 2. Does this assistcnce tequest require Statr, or local N,tmt al Agency or advisory, educational or health cfeoronceu? Board - { Yes ( No IAttcch Documen+olion) ~ I i Item 3. Does this assistance request require clearinghouse review (Attach Comments) l in accordance with OMB Circular A•951 i Yes _1L_ No liam 4. E Does Iltis assistance request Ioquile Stall, focal, Name of Approving Agency regional or other planning applaval? Dote Yes X No _ i V Item S. Ir Is the proposed prajed covered by an approved Check one Stare ' comprehensive plan? Local Rol;4omcl Yes X -No Location of pion . /l I ItaM6, Will the assistance requested serve a Federol Name of Federal installation installation? Yes x No Federal Population k•ensfiiing from Project- Item 7. Will the assistance requested bean Federal (and Name of Federal Ins+allation or Installation? Location of Federal Land rMl __-Yes X No Percent of Project 1 Item S. Will the assistance requested haw an impact at effect See instruclion for additional information to be on the anvironmenl? provided. Yee X No Item 9, Number of: , Will ththe assistance requested caves the displacement of Individuals Individuals families, businesses, or ferns? Families Businesses Y_as A.No Farms Item 10. Is there other related Federal assistance on this See instructions for additional informotam to be project previous, pending, or ant,clpated? provided, Yes X No FAAFene 5100.100 Is-IM wlitimis FAA FORM 1100-14 PA411 I TARU T P+ye 2 i J r J f I , FY L DEPARTMENT OF TRANSPORTATION - FEOeRAL AVIATION ADMINISTRATION OMB NO. 0e A0209 PART II - SECTION C (SECTION B OMITTED) The Sponsor hereby rtpre,enti and certifict as follows: 1. Compatible Land Ure.-The Sponxsr his taken the following actions to aiturt compatildr u+a jr of land adjactnt to or in the Vicinit) of the airport: Airport height toning ordinances 2. Noise compatibility and compatible land use plans r 3. City annexation programs 4. Commercial to~~inaa around, airport 2. Defaults.-The `ppn~nsor Is not in default on any obligal un to the L nitK:-I&Ies or oil% agencil of the L'oited Stites Cosem. ment relative to the de%etopment, operation, or maintenance of an) airport. except at stated herewith. None h 3. Pcuible Disabilities.-There are no farts or circumstance. (including the existence of rffecwhe or proposed traste. u.r agreements or other legal inatrumenl+ affecting u,e cf the Airport or the existence of pending litigation or other legal prorredinlt-) t whkh In reabnable probability might make it impoa:ible for the Spuuw to cam out and rornpletr the P:o'eel or Barr) uul till provisions of Part P of this Application. either b) IIMiling itt legal or financial abilit) or otherwi+r. excel.t a• foIlowe I Ncne 4. Land.-(a) The Spon :,r holds the following property Interest in Or following area. of land' which are to be develop. d or used as put of or In connection with the Airport, objet t dafollowing exceptions. encumbrances. urd adier.e intere.t•. all of which areas are identified on the irara~rilet~rf Property map Inawed Exhi6it "A' Attached to the Application for Federal Assistance attached to the J E Grant Agreement for A1P Project,3-48-0067-01, l Fee simple title: Parcels 1,2,3,4,5,6,C and D. J' osidle tharacler of properly inler 11 in tarh area and fist and identity for each oil exceptions, enrumbranrea, andadterrr Interest. of awry A(Ad and nature, fncludin/ liens, easements, leases, etc. IAt uparale areai of land nerd only be rdrArrfred here In rho, aria eum6art shown on the properly map. FAA Farm 6100-100 is is) Pop 36 r I E E a DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADWNiSTRATION OMB NO. Oa A0709 PART 11 - SECTION C ICon:iaued) The 5ponwr further crrtifie• that the abwr I, Lased on a title examination k a qualified atwrnr% Or till, t, mpan% And Nut sw:h attorna or title eump t' ~ ha±delrrnninrd That Nu 1pon>or hobt. the abw r iroperlc irtei the PL) The I. thepfollowinKlpr,j er+l~ nrlrre1lainrlhrnfuilawinE a a1 of lAnd" ou erh~lrtcuch[lie romiruf Unr wort iusloun lie moirl, all of w~ich seas are identified un Ihr a(urrmeutioned properth map de.iguli a. Exhrbil f None I 3 I (t) The cpon4x will acquire %ithin a rra,onaLlr truce. and if fea:iLir prior la the completion of all ronttruelion wort, under I I` the Prokecl, the fullowiny ptuprrlt into-rest in !Lr lullowingg area, or IAUd" wLiih are to Lie drirluprd or u•rd a. earl of or in tonnecnon wil6 Ihr .AlrpuA as it will Is- upon cuniplrliort of the Pru}rtl, all of which are;, are identified on lLr Aforementioned E property map desipnaled ar F. hil, I ".A a J None i + S. Exclushe Ri hla.-Thrre is no ppant of anexclu,he rigl;t for the conduct of any aeronatiticol attiritl at and airport own,,l or controlled by the Sponsor iiii a follo%o: None i i l -Slate rharorJtr of properfr interest in each area and lint and identifa far rush all erreprion . enrumhranres, andadi rev rnrere"t, of tree)' kind and nature, (neludine front, taemeals, learn, olur lie erporate areas of land need only be ldenlliieJ hey by the ON Rumbas shorn an fAe properly malls. FAA form $100-100 to-rn Page yb l y t A l l I l DEPARTMENT OF TRANSPORTATION • FEDERAL AVIATION AOMIMISTRATION ' PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 20.106 E 1. Federal Domestic Assistance Catalog No........... 2. Funclioncl a Other Breakout I SECTION B - CALCULATION OF FEDERAL GRANT Vw only la ,o.islons II Total i Cost Clossirico-on Amo vat Lotost App o.cd " Ad,,%Im nl Rs su.rod Adminivallon expense S S S 2. Plek. inary e►pense 3. la',d,st uclules, nghl-ol•way e. Arch teclural engineering basic fees S. 01hel alchdectural engineeong lees 25,000 I 6. Pwjecl inspection lees _ 15,090 Land dev!lopmrd I 1. Relocation Expenses 9. Ucication payments it Individuals ant businesses I I 10. Oem iltion and removal 293,000 ll. Canslluclion d praject impovement r ' I2. Equi;Mnent 13. ktiscellaneous 11. Tolal (Lines 1 through 13) 333,000 15. Estimaled Income (It applicahla) M Net PmjtdAraoant (Line 14 minus 15) 17. Less: Ineli jillte Exclusions _ I - E I!, Add: coMi edcies 19. Talat Project Amt. (Excludin Rehabilital on Grants) 333,000 20, Ft&f0 Share lequtsted of Orto 19 300,000 ~I 21. Add Rehtililalion Grants Requested (100 Percent) 22. Tolal Federal gran! ieWested (Lines 20 & 21) _ 300,000 r 23. Grantee Ove 24. Dther shares 25. Tol9 project flirt 122, 23 6 24) f S S 333,000 F.%A Fete 9Mg.t00 IS 161 6ul, EMeDES FAA /O11M 6100.50 PAGCS 1 TKllu T Page, 1 a 1 t r,. r If K., B n DEPARTMENT OF TRANSPORTATION . FEDERAL AVrATI ON ADMINIST ATlON 0~! 4Q 1:4. i SECTION C - EXCLUSIONS Cla..il icar;rn IM lip.h lr ter E.r 1iAr1 Gem 26 Fame ip of yen Csnunp.n.r Pn.iNS+ 1 ° e [ e p. - ° TOW. T s SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 11. Grantee Shale i a. Securities ' ~ 0. sbdQaPes _ C. ApplopuabonS (Br Applicanu 3 00 d. Bonds rLNan I. r i n) _ rantee share I a. State b. Other _ C. Total Other Shares ?9. TOTAL S 33,000 i SECTION E - REMARKS { For Project Narrative, See Preapplication i ~ i PART IV PROGRAM NARRATIVE (Arroch Ste 1- FAA Fae 111004100 Is-TB [UGHU[o[[ FAA FORM uoa a rAa[s I TNIIU T PeyA IV low r ~ r S ) i i I i e ` PART P ASSURARCES (public Ageacy 3potooro of Davelopaeet or 9olot P~cgna Projects) A. GI70UL. 1. That* easursaces shall to tcoplW with to tae perfot zoo of the follcvica areal alrrcaantt, Airpon devslopemct "A Notes prcgne Lspieeestotinn greats to airycrt Sponsors. 2. Those assurances are required to be mvion ted oa part of tte project application by speoson requeetlag !Lade =Adr its provietoa of the Airpon Gad Airway Improvteent Act Of 1987 me amended by the Airport And Riney SAfesy and Capacity Fapaalnn Act of 1981, or the Aviation Safety Gad 111ss Abateasat Act of 1979. This wet of asauracas lacludes only thou assurances which am applicable to a eycawn who Ss a putlic agency with control of a putlic-use Airport, i 3. Deleted. 4. Upon aecsptanee of the Snot offer by the e90460r, %bole aasursacas arm Sanrpontsd to and Itseam, part of the grant sanesat. J, DURATION 01 APPLICA6ILITT. Alrpcrt Do velopaest or NOiu Prcau Aplesea tats co Pro7scts Uod4neka y a Public Agvccy $Pcr,, . Tca lens, ertdit5% Sad asouna0es of she asset eg rs ssaat .ball repels it full farce sod effect thrci4howt the useful life of the facilities developed or mquipaoot acquired far an airport development or nose praerem caplaeatatdoa project, or throughout the useful life of the project itus ioatellei nthln a facility u"dr a noise prigras laplesesutioa project, but Is Any swat cat to stated cessty (70) years frog the data of e:taptae:a of a great after Of Federal funds for the project. Novevnr, then ahsll be no lialt on tLe duntica of the aasuracs egeisst exclusive rights or the tons, cundMone, try assvnaces with rupaet to reel prc Party asqutreJ with Federal Redo. Pirtheners, the durstlon of the Civil Aighta aseunnra shall be as specified in the assurance. C. SPCa3CA CERTIFICATION. The spotecr hereby assures and certlfiet, with respect to this 4rent %toU 1. Cenenl hdenl Ae ulreaeav, It will comply with all opp''leable Isloral lave, regulations, sncuti,r O rJon, pa ides, gut a toes a C4 quiruents as they relate to the application, acceptance eoi use of redsrel funds for this project facludine but oat Iialted to the follcvLW ( Federal 141islation Fedeni Aviation Act of 1958 - 49 U.S.C. 1501, at erg. I 1. Davis-IDeoo sot - 40 U. C. 216(4). at a a. federal Fair Labor 34adards Let of 793a- 29 9.3.C. 201, at lei. I d. match Act - S U.B.C. 1501, at ~se-re. e. thlform Relocation AssistaO o esa goal Property Acqulettlon Policies Act of 1970 - 42 U.S.C. 46.11, ate. f. Rational Nlatnria prourratlan At% of 1966 - Section 106 - 26 U.S.C. 470(f). , I A. Anhsoloditel end Ristaria Prasen4tloo Act or 1914 - if U.A.C. 469 through 4690. A. Flood Diameter Prouctiaa Act of 1973 - Stetioo 102(.) . 42 U.S.C. 4012m. f L. 11habllttatlas Act of 1973 • 29 I.S.C. 194. 1. Cavil Algbu kci of 1964 - WI* PS - 42 U.R.C. 20004 through d-4. 1 sue. s. to.stion Sefaty ad Noise Alateasal Act of 1912 49 U.3.C. 2101, at 1. Ads Dtarlninatise Act of 1975 • 42 U.S.C. 6101, It ate. e. Arehltottural A rrSero Act of 1968 - 42 U.S.C. 4131, at aaaa3. e~eq. a. Airport Sad Ahoy faprorese4t Lot of 1982, as annde3 49 2201, at e31). n. Paarplast Sad Weistri6l he'. Use Act of 1916 - Sectia 405 - 42 U.S.C. p. Contract York News ad Safety SiWhrda Act • 40 Y.S.C. 327, at _el. Copland Attiklckback Act - It Y.S.C. a74. r. National tavirousaul Polity Act of 1969 - 42 U.S.C. 4521, at Me%. a. Oadandsn4 Spalas Act of 1973 - 16 U.R.C. 666(1), a seq. t. single Audit Act of 1934 - 31 U.I.C. 7501, at . V. gamble% Ilaflne Act, 1956 • 42 9.3.C. I2Al(17. T21:4tire Ordsre. taecutive Order 12572, JNN Passe rnasnhl Faster of PMerel frcgrano. LSetutivl order 11246 - 14 41 tepipyrsct opportunity Foderol 14guletiens. e. 49 CDR Part 21 - Foedloaristutica in Pad a rally-Assist46 Program of the Departteat at Trawrtatiae - tffeatualiu of Title 11 of tte Civil lights Act of 1964. I FAA lam 5700.100 (4-119) Dewalepsont Or Poles Program Nblle Gpoaor Page 6 I 1 I ~ 1 t 1 1 r •1 b. 49 CPR Fort 23 • P•rtirlyatloa by Rlacrlty Business 7Ltorprie• I% Departaest of Transportation programs. c. e9 CR hrt 79 - llilfon dalccstlon and Real Property Acquisition for Prianl aid Ndorolly Aealstod Program. d. 29 CPR Part I - Procedure fir prolotonitaticd of Wage Falls, e. 29 en Part 3 - Contractors or Subcoatractars oa hallo Su11111ge or Public kirks Pl4orrd to whole or part by 14aca or Craata train U.S. f. 29 M Part 9 • Mbar Standards P,cvaloae Appllceble to Contracts Catering ►edrrally ?620acad sad AssSatan Ccastructioa. 9. 49 Cpl Part 77 • IsOlacrldaatiod oa the Win Of RaodiCNP IN Programs and ictivitta PaC•in ng or benefiting from ?Moral yioaaela- knistmes. k. 41 C11 Fort 60 - Office of federal CdattrCt Coayllsnce ?rearms, tgal dpleyueat Cpportucity, Drpert Nat of tabor (?herd and IederalIJ•aulated Caotnatitg taquireaeota). 1. 11 CR Part 130 - ►irpcrt game Cumpatibility Plamice. j. e9 en Part 29 - Dahlman%$, T+sp•aSme, ma 1cluntary haludons. k. e6 CR Part 381 - Cargo Pref•rtace - U.S. ?leg Soeale. Office of Reams soit and BudPt Circulars. a. A-87 - Cost Principles Applicable to Conn and Contracts with State and Local Cow raaen tom. ' b. A-IOi - Uolform Eequiramu for kesLtmco to State and anal Cav srnaease. c. A-128 - Audlta of state and Local Covoramects. Specific Nseuraacea requiroA to be lncludrl in great eirtateate by any of the atov• lava, reaulattans or clralars are iacerporeted by reforms in the great agn•aect. { 2. Peopanslbl)ity aid Authority of the Sponsor. It has lep7 authority to apply for the grant, mA to Pinnate amA carry out the propoNd pso3seti that s rnalut:on. Notice or similar .cited has been duly adopt.l or posted as an o,•ficlal Get of the epplicans s ~I aoverale8 body author[ding too fiitcg it the application, Secluding all undirstandings ant asurentce CcdtucM w heroic, and diroctleg and suthcrimind the period ldenllfted a the official rspre14n4tir1 of the epp]tcant u et In eoatetAdas with the application and to provide such additional in Carvatlae as soy be r.quirdd. j 9. !savor ?=A AvallaMitI. It ham sufficient funds available for that pst[on of she protect costa which j to sot to 6 pal t tha-Mtetea States . it has sufliclat funds evallNlle to acne oporatloo and Nlotroance 1 a! it as fuedwd use/or the-grmt agreement which It will an or control. g. Coca "itIe. It holds load this, utisfartory to the Socrotery, to the locltne arm of the airport or ` site Oeno , or will tin eaeumAct Ntiefactory SO toe SecnnrJ that good title till be aequlnl. for Data program lmplesaaatian projects to it carried cut on the property a! the apooaor, it holds goal title satisfactory to its Secretary to rat portion of the property upon which Potorsl funds will be apotdoa or will give amsuraap to the Secretary itet good title will to attained. 9. Presuming IiLBto and Power,. m. It will hat take or permit any action wbicl would operate to d•prtn It of my of the rights and powers Pessary to perform soy or all at tto tans, aooditlaos, and a earmaeac to the grant agneant without the written sypraval of us secretary, amA will act promptly to acquire, actiagu4h or modify try autltaddirt rights OF claim or right of dinars thick would latertar, with much performance ty the sponsor. This shall be done IN a mower acceptable to the Secretary. b. It 9111 ant moll, lease, amausber or otarwile transfer or auposo ter part of its title or other laterasse is rho property abon as Witit A to this appltestiaa or, for a colater program tapleaenalte , project, that pdrtpas it she property wyte which Poderd fund, have boa acpeaded, tar She duration of the tens, codditins, sat eaaunSMt is the groat slreassat without approval by the Secntmry. If the trasefane te Sound by the Secretary to to •ligtble under ate AFrpart acd Airway Imyrcvnoot Act of 198, to $some the ahllpttono or to gnat stroaamt and to Bore the power, wtborly, anal financial resources to carry nut all such abllgttloos, to sponsor abdl Insert 1h the contract or daemon% transferring or duposing of the epoasor's Iatarlit, amd amts kisdiM upon its tngstora, all of ale tans, condition., ad aaurouds eootala,A is Shia 1f gnat sd•ee.aot. i YU porn 9100.100 ;dap) Developmott at Iota Program Pullia $postsr Pact 7 I I J 1 T IF F "NOW c. ►or all anLAI program LaPlessetatloo projects which are to be carried out by ago the, wit of local lqor rernw etat vi t erraaxe on Fropaty Quasi by d wait of local I....... A, other than the dptnser, it will toter Into as am w that govornwat. Except as otherwise specified by the Secnt"Y, that eAnea.nt shell oblilats that garefommat to the sue taro, conditicaa, mod ,Syranteg that would be applicable to le If it tpp iced directly to the VAA for a grant to undertake the toles program Ispleseotatlon ptojec t. That agreem It and changes thereto suet M matlsfacl pry to the S•:rotary. It will take steps to enfarI this ascaamect amsinat the IDEAL garerraent It there is outmt uC tsl noncompliance with the terse of the agreement. d. roe noise program SApleaantition projects to be tarried out on privately oned property, it will ectaf Into in AAreuent with the Ownar of that property which lnelud•d provisions specified by the Secretary. It will take steps to afore* this aareaeot against the property aver whueva the ra is subatantlal 40ncompl Lacer with the Sala of the agtemwst. a. [palatal. f. If an srrmnpMaat Is made for Management end operatloa of the airport by any agency or person other this the apommor or m employee of the mpcolor, the opoasor will reserve suflic lent rtshts and authority to Insure that the Airport will be operated and salnneLmad is accordance with the Afrpnrt And Alrwey leprovement Act of 1901, the agui@tlose and the tarp, eoaditioom sot assurances In the avant mlreament and pall inmre that such srr•ngewot a260 ralulru compllAata therewith. 6. [""Brat with Local Plans. The project IN reassembly c00116teot with plies (ellsrtnA at the time of Mubml pion Of this arplicattoa a publit aaeaclu that are ou a for the deval t otlred by the state in which the project is locoed to pleop m at of the arse surrouodina the airport. For a0lot program implementetica projects, other than land acqul altin. to be carried out on property not owned by the airport end over which e property Another public agency has land seta eootrmt or authority, the sponsor shall obtaln from each such agency 1 s wittan daduettno that such agency supports that pro Ject and the project to ryuantbly cormistert with the gency'a piano re .,di no tea property. 7. Conetderatlon of Local Interest. It has liven fate coalearatloa to the Interest of coawnltlee In or nor whit the project May locoed. a. Conaultstlon with Peers. In making a declslop to undertake any airport development project under the Airport and Af nay aproramut or of M2. It has undertaken storable comdultatiops with aIft-ctal parties using the airport at which Ma project Is proposed. 9. public Heirti a, to projects involving the lice too of a airport, a airport runvry, at a major i runway etenaion, It He afforded the opportunity for public hen ringd far th,t pu rpoa a! considering the sconomlc. Anaial, and opal ranee teI ti facts of the airport or runway "Won and Its conalstan<Y with the goals and objectives of Much planning a has beta carried out by the Community. I Secretary, Aubatt a COPY of the tTAaatlyL of such hearings to the 5ecr•ldq` Mall. when r, tuna red by the I I 10. Alr and Yeter all[ S andrds. Is projects Involving airport locattome a Me JOT runway retention. or ,wnwq tart one it ri ;ravldZ,ir the Oovereor of the state in Mich the project to located to certtfy In writing to the Secretary that the prajecl will be located, dtmllned, constructed, and operated ea is to comply I with applicable air and water S see flt standaxda. is goy gee where such aced a0s have not beam approved and where applicable sir gad eta qw lit stmAdards have bass premullatt0 by the Adalmistraror of the Environmental protertSOO Alancy, certification shall he obtained from such adstnfettstor. Notice of urtifintion or refusal t0 artily shall be prorldul within sixty days afar the proJat Ippllcotton had been recaived by the Secretary. 11)~ 11. local A ravel. In projects lavolvlaa the eoastructlen or extension of any runway at any general I aviation airport orated satrldo a line deparetlnl two eountled within a single state, It has received approval for the project from the lovaroing body of all village& incorporated under the live of that state vaich are f located endrelp rlthlm five miles of the Woad[ boundary of the airport, 11. Ten l mat bnelo east here uLitae, For projects which Include Ianiaal dseaiapsent at a public , It em, os t e ago m a Itta of the project front application, sl1 airport tM safety equipment required for catlflntloe of owh a 4,rs winds, Sec time all of the yed4w Aviation Act of 1451 and all the acurity eluipwat required by ruto or redwlatloe, dad tug ►rerfded !err eeua to M usseO r enplaning end deplAntna Anna of such airport by peemeaprrs eylalsg or fylafng fans sdccraf[ oeghapthan ale car riot of rod t. 11. Artouetina System. Audl[~ana lid tordke afa era Ir eenll. e. It shall keep all project secountd gad rat orde which fully disclose the anount end dieposltion by the reclpleat of the free adds of the grant, that total cost of the project In eonacelon with which the franc Is alru of ustd, and the awwe sot eeture of that portico of that eat of the project supplied by other sourced, sad much oehem ttsoatial retards peataat to the ;reject. The itc ousts aid records shall be kept Is accordance With as uewmfial system that Will facilitate an effective audit !n accordance with the lielle Auks Act of 1954, It. It Shall of their Only lellhoelDuke I tysesentatlvse~hleraMat purpose of dud eland lose losofany` book edd one uwaenis, any papers, and records 0;:g he tee lPient that ere pectlaat to Ms Atamt. the Secretary May require that an appropriate Audit be cndutted or I reclplut, is gay need L whlrh an Indymd del audit L use of the yAA ton SIOC-100 (4.10) [perslopmu t of $also program - Public Sponsor Pat* a I h 3 ,ry t I l 46 e I 11'7"tea tfrl[ 1PQA1ch r the anas elatra tto ital n¢ p~srjwjjall , of the prom Se of ■ grant at relrtin/ t> the prvl.cc In if py of Jh which itb1 or G a 1 of the UAILed Sietal got later the ¢h6lsontha followtnsa she seine, of .C •.u fiscal th ttr tDa audit via "do. Jeer far F ll. Millais 1'e, Mates. It shell include, Ah all coucrecs' So .rues of 12,000 for rem rk oo an ' laaded uia.r tra rant ■ r.semt which icralvo labor, pro illo~ cry Grclea prtd.t4 mined by %be Secretary of Later, Jn adaardence'It A the D4vle6locaarAct,n asmxandei (4) Ut9R.to to 11 9764•-2761.5), which eoatnol arm shall pay to sallied and uoatlllal letor, and ■ueF sin lm um re, tea nail be 1 stated is the Sovitaltd¢ for Ilea and shall be included 1a prcpoemls of bids for the worn, /nnt5agrnaentar tcnfiaro va lobar, asuch nprovisiee, as aContracts for rt meceuary tat lnarre ca~l In tNe filled uZJ*r the f e given in 124outlva, alnlcl'tt.tlro, and omparrleory positioca), pre to to cro tkat th 1 1 ! e o loyen at lax Viatab era and disabled veterans as defiled in 6ectlea 515(9)(1) and (7) of the Alrpaliens Alrwey "Id .4 I¢rov rxeos Act of 19af. however, this pnt.reace shall apply only what. the lad lrtduds e,0 •ni sad .maltGel tc perturb %be work ca which tae ISPloyb.a[ rWata 16, ults nit to plane and 5 eel flee sl cans. IS will setcuts the frolic, subJect to plans, ap•cifltotcons, and $Chaduln a;; - by the eery to ry. U Flora, specifications, and or Mdule eutnitsel to rte Sacs ury prier to acaaeeco eat or Bite preparatla¢, conatructlon, or other p.rfoes r0 a shall to this grant series nt, and, upon spproral by the Seeracary, 'hail be lacorporat'a Ie to N a gre tcdlficaticr,o to the approved Plana, specification', and Bch W ulee shall dso L at 4 undei Joy . s u1Jrcr to atpr rwl °acr•tery ad Sccorporation Into the !rant 'a...... t, e "•Y u:a 17. Coretruntioa ire c[1 on ant Aravel. It will pruride a.d mein tail compttent t.chrlotl eu ler,l w:.n It the Nn4t rasa con else NNUg but the to assure that tho work won t:rme wi [A the place, epee l: ca tones, r and eehrdu lee app road 17 the Secretary for the pro,7eet. 00: Ie shell r,I,)e^t the cone true ll ao wiretalhed In an epproral proJea 4ppllcttlon to lnopodtlen and approval tY the Se: rotary and arch .n ;r, Bny SS prrv.LLat,t In rucr 1. ce with ..cute ices ad pr DC rlire$ pits. !tea tl the $ICJe tl r o eL 11 require wch coat enJ progras' reporting by the 'lonrur er .pun sun uf, such rpduhe.,tota Ait, %J Sracei,r x nr:asesry. 1.eo e h.jl l9. Ddl.lri. If. C1e74uon and Xaln4 I ~ It will cal tsDly ape cats erewith icn and "11"In the "rNrt and all facilities theta.. cr H t., w duo red•rd to Climatic and flood eondisiar.a. Ant proposal to leapurarcly clue. tAa a:rplrt fur ~~uu nrlnaucical pmr N&tl 0149 first be approved if the Secretary. Th. al rpott al all Ncllitlee " cR er. n.crrwrry to avrvo %he aronoutical users of the airport, utter than fanllttLto cwn as or cuntro 11.1 it inns States, 'hall be operated at all times In a sets and aerrlCaable cundltlun and Sn ac NtL new with the V ~f elnlaua atadarda as MY to required or preenked ty applicable rederel, state, and 1>ul •gennlt fur xu.ndeesnea and mp.ratiuo. h will hot clue, or peralt any scq rl ty or action thereon cal onld !nit rfara , with Ile use for attract purposes. ! In fu rtharau of this uaunou, the .puns or will mare It affect at all timas arrenp eon to fu r•. ' i IS) operati" the airport's aeronautical facilities whenever re.ut..lc (7) PrcB ptb marking ad I149 ties Aaserle r.'ultly from candltloai and airport eandttfans, including temporary (5) promptly notifying alreen of ay tondltlcn stfecting Beronautlcal seas of the airport. horning eonuleW h4 rein shall to coos trued to re7utro that the alrf,rt be gnranautlcal tie duricg temporary perlada when anew, flood, operaUd for or other elite tie coo dl clone Interfere with ncA JPeretloa and seillfu9ce. further, wthing hereto shall be tonatruW as requtring th. minters nee, -,pair, feu to n[f an, er ro;Jseg%aat of ay structure or fadillty vhich to i,tilentully daaaglJ or ntfunc ef due to as of Cod or other tandltioa or atra"at.ace boyad 1.40 coatral of the sponsor. a I. 11 will suitably operate ad aalotAin Boise frogs ispl eaatation rpaa which federal fund. have been espe,d'd. !test that It o.na or controls n. Mstar l M Royal emd Mltl ation. It will take apprdprjata setioe to secure .has suo► ttniul airepn n.ut cad to protect lnettub.et and rllual spin sans Ie the airport fin el ud ins feteu!'n.,dornuum aialaum spec. Iludeo) wtll pe ade.er tell el tired sod fl dt'eted by removing, !slim!cape ef oc attnp e, othatrlu .V tl ntley e,lsN rag eUDnrt he,'rdo d If Prnegtiry the aublJ'hmr tn rki ine,ela, a t er ere utonngof tut rag or obti u.. urpurt flighl ft. ogratible Load use, It rill like appropriate action, Including .tat to cos e, to rot se Us via of lead ■dlaetat to ar in %he "client a risen S aorasho na lrpat t to the Is. o tie ad Wrpeeem aom pail llr with as real airport tY ape rail a¢B, including Ianetng sad nk~a~( of al rsr.lc, to .l!d girl en, if the fro Jedt it for seise program isplssacatian, It will net cause or pereit oN .caeca use, oltAln etc Juts diHlea, that will reduce the cab Pau lilt q. with rsepltt to the alrpan, of its non to e lend eoepttlility frost" saseureo open which Paderal rondo have been apenJ'4, fin ran Sloo-loo (4.19) per.lopment at !ales. program - Nblie Sponaar Pas.. 9 or "MW , p i w 22. Economic Aaoducr5 almaon. a. It will mats its sfrpcrt available to am airport for ;utlic-sees on fair And reh"calle terse end without unjust discrimination, to all types, kinds, mad classes of muaeaullesl uses. 1, In any sdrumenl, contract, Issas, or other arrangement under which a rgflt or prlrtlede at tre ` airport Is granted to any person, fin, or corporation to conduct or engtge to any seranultcml m-tlvlty far furnishing .mines to the public at tbo airport, the sponsor will invert and enforce provisions rel4.rlne tae contractor-• ' (3) to fwraisb said services ca a fair, syual, and net undultly deacrial,story tells a fill users thump, Ind (2) to charge fair, reasonable, and not "Juitly discriminatory prices far each un_t or mewl:., provedel, that r1. Contractor my be allowed to asks r44soeable and naallla rl minatory dimilwnts, retstes, if f other similar t,pss of pvie# riductloca to volume purchaNrs. e. Each cited-Lased operator at any airport awned by the sponecr shell to 1.b;r9 to tie sc. rate,, feel, rentals, and other ehireeo as are ualforily applicable to all other flted•tis.i open era n,kt,e the ,w.., or similar uses or ouch airport and ottlttind the land or $"like focilltlea. V A. Each air carrier using such airport shall have the Clem to service itself or to sere 1.q 11.11-:ks,t I operator that to autborlasd or permittsd by the airport to serve sty air carrier at such oirp.ri. e. loon air carrier ucing such mirpo+t (wh#t"r an a tenant, noetenani, or sittenant of anat-.er u r I c+rn.r tenant) shall M subltal to Uch hoed ucrisiratery and s+totantifilly eomparalle r+l1., r•:p+l uler.e, curli Nano. rates, feu, rentals, and other charges with respect to facilities directly and set ':ant ally 1 related to providing air transportation as an applicable to all 14ch air carriers vetch make slnil.r usv of s+cr Airport one which atlltte collar facilities, subject to resaonall• Cleaatflea tin ns ljab as tenrn+ or na,tetonte and eilratary Corriere and nenaigretery earners. Classification . r $to%.s so t.rant .r mig'•wury enwli not of unreasonably vtt"held by any airport proviled at air carrier datmea obllgettone sutatantlally r iiil.r to those airesdy Imposed on air carriers in even classifications or status. f. It .111 not essrclse or grant any right or privilege which operates to pr,v+rt A+y porsin. fir., o. rjrj,retlan aparma:re aircraft on the airport from rarforaing any services on its aM •.rcrer, w:ti its Jwn itFlu)eas l+ncluJws. bas: not 11sitd to muntlnotew, repair, and h.linal "at it 1.y r'.o::e a porr+a. C. In ttd event the sponsor Itself esercues sty of its rlgru and prlwi le;u creel r. :hit 4+1rwnce, tre services involved will be prcvtdd on the site cundiltana as wall AFp1, t,,tne r.rni dl-c of s+:+. ment:ed by eanermctaro or eancelelonelrom it Of operate unler these proitaeacs. h. The Ip,CaCr nay fist eslieh such fair, '14411 And net un)aaily dlacrialtat+ry co.tilalins to be n.t o, all inert of the airport as may to necessary for the sago and efricidha operation of tats Airport. I. Ina opooeor Pay prohibit or Ito'% any given type, kind, or clads or lervn.,ttcal see of ter. elrp,rt if such action Is oeoeleary for the safe *permit= of the airport fir necessary to sarvw the civic o-n fit:•m n.el• j Or the public. 4• Eelusi~ve limits. It will points no seclusive right for the erne or the airport El, soy 11.+-r1. frovldind, or lnttlM-4-to provide, terocawwoi contend to the putltc. For purposes of this per+drapp., the pr+villnd of mervicea %t an airport by a single flied•Lesad wberaur atoll net a eonstrceJ as an osal+mirs right If both of the fMcwtne Applyl (1) is would be unreaacretly costly, burdensome, or Impractical for mire teases one fued•based ape Ntar to provide 14th oer.lcea, and (ge) if dlcwite mare Chen one fised-hoed operstir ~I to prarlle such services would require tee reduction of space lnasel pursuant to an +iiit,rr odr.fnvnt Uv uoeu even mingle tiled-Mud operator Ins such airport, It further agrees that is will not, either directly or indirectly, grace or p.rlit any por14n, tare at corporation the aacludive right at the airport, or at any other airport now awned it cuntr,11w1 ty it, 1, 4 can Juct any atrooauil-11 activities, including, but not 1la41e4 to charter flishtd, pilot tr.rnand. rc r.:'t natal and a1ATt6u1ng, aortal photojnjAy. Crop dusting, esrisl aJvortiaing and iurval ne, air earr..e operations, atrcrefl "Ito mad eervicas, IIIS at aviation pe%ralr+a productm whltt,r at nit ccnduct.J in con,lan-ston with other aeronautical activity, repair and relatenaned of aircraft, bile of aircraft f+rts, anJ any other activities which lecauaa of thelr direct r lWonahip to the operation of sircreft can to r.g.r LJ as in aeronautical activity, art that It will to Rinate Pry eac+uive right to conduct An aeronautical activity saw eslsticg of ouch U airport lvrare the great of my uolowca Wder the Airport Ise Airwey Improviraw Act of Iwo. 24. Ell an dAa etas114Et rvctato. It will rlntslo a fee and rental atructare consistent with Auurwncvd and 21, for lh met 1 and oon itu seine provlama the airport uteri which will asRe the ltrpirt 10 nlf•IW Ulaing as passible weeder the dlroWltmces sitati ng at that particular Airport, teslne 11ta account roch factors Ed its valor of traffic and economy of collection. No part of tie F"4rsl si,Pro at +t asrrort devetopment, oirpord planning. or hales conepatibilliy pro,lact for which a grant is fade uSJer the AlrF4rt end ASrv1y Improvement Act of 1912, the federal airport Act or %no Airport and Airway pevolapment A:t of tr"0 shell be included in the rata bass in edtalliehing feu, ratio, and charges for users of than airport. PAA ion $100-100 (d-1!) Development or Sala Pro teas Public Spain it page IJ l 1 1 JI I 1 { x f J k ts, r 2S• kir rt twrrow, 11 to airport to valet the control or a Pullin agency, all revetuu lonorated ty the airport sa aqy oc tales w aviation fuel established after December 30, 1961, rill be arpeLde4 by It fur the capital ar operating ooo%o of Ina airports the local airport aye HSl or oth,, heal faa111114a 'hilt are Celli or operated ty the in,r or operator of the airport sud dlrsttly and subltutially rQatei to Ina "%"I air transportation of psualgers or properyi or for calls aingetlo, purp1111 am or off the airport. Prarisel, bawevr, that if covenants or asauruese in debt oblldettcu lasued Were September 3, 1982 by the over or opdrelo• of %be airport, or provisions ouctad before September 3, 1982 in doveralrq statutes controlling it., comer or operator's financial, provide for the use of Us revenues frock any of the airport owner or operator's farilltles, includled the airport, to support not only the airport but also the airport owner or operator's hoar,] debt obligation, or other facilities, tblm this Italtatloe on the sou of all revenues ldctrand by the airport lead, in the cue at a public airport, local total is. arlatloo fuel) stall act apply. 76. Ile rat sW Uri! w 1. It rill submit to the Sseratdry such annual or special financial std opsratlaee report! u tre nary nay reasonably request. POP airport devalepsect projects, 1% will also saka the airport ud all airport records and dnmaents sfftating the airport, including dead,, loos, operation to use agreaauts, rsfulatione sod other Instruments, available for inspection by nay duly tuthcrtsed agent of the Secretary upon reasonable request. For notes program Smylueatatlw projects, it will also make records and doe" ato relating to the project and ec inued cwpluncs with the taro, conalticas, and easuraan■ of r4 grut adreseeat Secluding deeds, losses, sareeaecte, torilatius, and other instruments, avall,ole far laePectlea by oaf duly authorlud agent of %b• Secretary upon reasonable retuset. 27. Use of Covermdnt klreraft. It Will oaks available all of the faellitau of the airport drraloped with Federal financial asslounce and M l those usable for Luling sod takeoff of aircraft to the Ccitdd States for use by Ccrermest aircraft is aomsoa Milk other mireraft at all itaea without cberdl, uas;%, if the use by Cover au% alrcraft 11 substantial, charge day be 9944 for • reasonable share, proportional to Mach use, for the cast of operating and aaietdtAlh$ the faelltttu used. Unless Cherries det,nloed by the Secretary, or otherwise agreed to by the sparser and the wing agency, sutstutlsl we of an airport by goverment aircraft will N considered to atilt when eperstiona of Such aircraft are ta ucau of thou Mhtcb. L the oplaioc of the Secretary, mould w4uly ictsrfere with use of the leading areas by other uttorised aircraft, or during any calendar socth %hu- a. Firm {S) or sore gonrmut aircraft are reralarly taead at the airport or on land adjacent tn,retat or no total water of sovemsats (cat.atlcs earn loading is a movement) of goverm•ot aircraft to 300 or Mora, or the gross accumulative votes of goverment aircraft using the airport fine total movements of gavernaaat atreraf% svl,i Plied by dross weldbts of aaeh aircraft) 1s 10 1cea1 of five Million p:unaa. li 18. Land for ?,dara% ►atllltle,. It will funlas without coat to the lateral Covernunt for use in connection ilanj air traffic cntrol or air nartdatlem actlvlt Ua. or wasth•r-reporting and eomun lcs lino setlvitles related to air %reffi5 control, any areas of land or water. or estate ihero Ln, or tithta in bulldlrg, ii of the a star As the Secretary considers 99cuury or lulydbL for coattructleu, sparat sans and sa int. rte n<e at federal upeue of speed or faeiltllss ror such pvrpesod. Such areas or say portion thereof gill be We available a provided herein vl%bte roar .mina after receipt of a written request from the Secretary. 29. Airport layout Plan, a. it will keep up to data at all %Las u airport layout plan or the airport aawlng (1) toondarids of the airport and all proposed additions therata, teptber vlth tee ►ounderln of all affolis areas cried or eoair*11*4 by %be sponsor for airport purposes and proposed additiena theretol (2) the location ate Mature of 1 all o,lating and proposed air re facilitiese and etructurso Much as rungs, tattasya, aprons, terminal tall dingo, hue&?$. MA raidepFoar including all proposed sateaalocs area reductions of eustly airport facilities, and O) tto loeatlw of 611 ■atstim ad Proposed so"vuLLom area and of all stilling ampro ol4ots thrdon. Such airport layeul plan aid each amendment, revision, or modification ther,rf, shell be subject to tee approval of the Secretary into% approval shall be evidenced by the signature of a duly suthor:sai reprsauvtative of the Secretary on the face of the airport layout Flu. The sponger will cot sake or yenSt any changes or alteratlem is tlu WPOrt or Se say of its facilities which are not is coofetaity with the airport layout plan to approved by the Secretary ud which alght, to the epialoa of the Saerdttry, adversely street the s6faty, utllly, or sfftaiescy of the airport. k. if a change or alterstlun in the airport or its facilities it ode vblu Ilia Secretary dotonlma adversely effects the "rely, utility, or afftelsney of any federally owned, loud, or funded pnporty me or aft the airport nag obit► is net to amorcnity with the airport layout plan 99 approved by the Socraterr, the after Cr operator 1111, Sr tfiunt4d by the Secretary (1) 6116104%s such adverse affect in a saucer approved by the arc rotary I or (7) bear all pasta of nteettleg loch propertq (or repl'edssat thereof) to a ales accdptdble I* the !catnap sod ell eats of violating such propory (or reyla cw at thereof) to the 1.041 of Mercy, uulatyt efficiency, sod neat of opselliu 41141158 'before the mgpprered cheap to the airport or its facilities, 30, Civil liable. It will awply vi th such rule as are promulgetsd to assure that me parum small, on the grounds of noes stood, Color, "decal origin, all, age, or handicap be atmluded from participating in soy _ Sett Hty luduated with at bemafitlad frw funds received fro this great. This usuruce obligate, the sponsor for the period during which federal financial "ailtua is attended to the program, stnspe while Federal P lit us 0161 otsie'esde to in provide, or to is the fora of personal property or real property or Interest tberela PAk Pon 7196400 (4.10) Devalapasat or Notes Program Public Sponsor Pap 11 I i 1 r or etruttuns or lapnraeots thereon, in wbick cue the usutance abligntem tae aponeor or any trene fare, far the London of the following pertodet (o) the period during which the property is used for a purpou for which Ya:aral financial ualstante to esteadad, or for another purpose involving the pro,ssion or reaper errvicei or benefits or (I) the period daring which %te sponsor retain, owmanhop or possession of the property, 51. Disposal of Lad. a. For load purokasol under drat Isfore, Cot after December 30, 190 for airport notes ccevtteility purport, is will dispose of the lend, whoa the LAU to no loader needed for much porpoise, at fair Market valor ■t the earltool pnetieabla ties. Tbrt portico of Us proeaeoo of such dispoeltlan welch is pro portiooato to the United States share of acyuisltion of each land will, at the discretion o! the Secrete ry , ll be paid to the Socratary for deposit is the Trust fund or 2) be rolsvnted In so approved noise eompatlbility project as pnacrtbe4 by the Secretary. I. for ]sad purchased for airport purposes (etbar than suite a06patibility) seeder grant Won, out, or after Doteaber 30, 1961, It will, when the lead Is w Imyer seeded for airport purpow, Iasp-u of such last ,1 fair urkot value. That portion of the procesde of each diapoaltloo, which is proporttucata to the 11ntrol State then of the coal of acyuiaitlon of each land, will be paid td the Secretary for deposit in the Trust Pond. C, Dispoellios of each land "dor a. sad I. above will be subject to the retention or ruervottao of { any interest or rlgbi therein necessary to ensure that much land will only to used for pur;ooes which are ~t compatible with octal levels aaooelatad with the operation of the airport. r 37. to Saeerl sad Deal o sanSCee. It will surd each contract, or 0-L<ostracs far program anagrnvnt, eonetructSOa uasdoeat, p annind owdled, feulbility studio, architectural ionicee, prallsimery agiourlnd, design, angtaurisg, surveying, upping, or nlatod esnicos with respect to the project Is the sue mouser as a contract for srehltsaturel and engineering unicos is negotleted under Title 11 of the Federal Property and Administrative United Act of 1949 or an o1w1valtat 4uaiifinaltau-boud reauirrsent prvs:ntwl for or by the sponsor of Ina airport. 53. Foreign Market Reetrlctloes. IS will oat allow funds provided under this grant to be usej to fund any project which eau any product or sanice of a foreign Country during the period is which aa<h hreldn camtry L 1141ed by the Unitas Stites Trade Repreeestetlve as denying fair and equlteblo market tppartanitie♦ far products and suppliers of the Unltel States In procununt and conatrurtton. 1 51. lolls Ue, uade rd!' sad Spa cl rice tl or.$. It will carry out the project to variance with polin's rte ode rd a, sad .pee !IF! IN, he op ProwI A ty tae Sec retery IMCI 4di AC but not In l tad to she ad vi I. ry et real ere listed holes, and in aeeokaces with applicable state policies, Standards, and Spaelhrahens vpprarel by Il lacntery. Yu her lubNtt 1 1017460-1 Otetnctioe Parking and Lialtica 15015100.14 Architectural, taginserlnd see Planning Caosultent Services rot Airport Onnt r Projoolo r 150/5200.51 Airport Winter safety sad Operations 150/5210.5 Painting. Marbled, said Lighting of Tahitian Used on an Airport 150/5210-7 Aircraft fire and Rescue Camunlcatlana 1 ISO/5710.14 Airport fore and Aucuo Formcmel Protective Clothing i. 15015210-15 Airport lose" sad Flrefighadnd Statics luildlag Design 150/5220-4 water Supply systems for Aircraft Fin mad lucue Protection 150/52.0-30 Guide Specificatisn for baler/too Type Aircraft Fire and Roacuo Trucks 15015220.11 Airport Swallower specification Onido 15015220-12 Airport Ssorawupsr Specification Cuide 15015220-35 runway Surface Condition sanur•-0pecilin lion Guide 150/5220.14 Airport Ftrs sad lose" Vehicle Specification Guide ~I 150/5220.15 Buildings For harass sea Maintenance of airport Sneer Removal and per Control taaipsooll A 94144 150/5220-16 lutoaatsd blather Obu nls4 systems (AwoS) for won-Fedora/ applications 15015500.4 Utility Airports--Air Access to Rational TnospOrtmtion 350/5300-12 Airport Duldn Standards .-Transport Airports 150/5320.5 Alrpon Droluds 150/5320-6 Alrpcrl ►uaost paeign and gnl"tles 15015520.12 Usual6 for its Design, eout"411011, And Maintenance of sold lesisunt Airport paruenl surfaces SS0/5520.14 Airport ladseaplnd for Noise Control Purposes 150/5325.4 Runway Length tollulroesta for Airport Damian 150/5540-1 14rklng of ?Area Anne a Airports 1W 5340.4 Imtallulos Details for tunny Cenler33na Touchdown Zone Lighting syotum 150/540-5 sapeatos Circle Airpcn Ramer slated 150/540-14 tconomy Apprnael Ligktied Aide 1SO/5401-17 Itudly Power for Ion-lea Airport tldhtitt Systems d PAA fora $100-100 (4-80) Ders Sopout or lo'ae r"gras - Public Spoteor Page 12 3 1 low ax< S 1 I I .t lumber lutlact l50/5340.15 Stand"', for ASryart !lp system, 150/5340-3q Airport Csetarllns thtiag !!areas 15015340-11 Airport Nienltsase44s LSghtint 51sw1 use 35015540.77 6u1plssoaul 7124 Case 15015540-24 Raney Gad Tasteay Ugs Ltghtimg 3ystee 15W5340-27 Air-to-Q" A Radio Coatrol of Airport Lighting lyscess QMi 150/5741.3 Specifltatiom for L-671 Panels for Roosts Coatrol of Airport Lighting 150/5545.5 Circuit Ba104%ct Bolick 350/SAS-1 !peel tick Ilea for L-674 Ccidargromd Blectrical COD1e for Airport LigDt'•al Circuits ISW5345-10 BAC ficstlen for Ccstoot Curroot Redulators ,ad Regulator Mua iron 150/15NS-12 Sp4V fteatim for Airport and Rallpert Beacon 150/5345.13 Spot fteatloa for t-641 Awtllary Rally Cattle% Assembly for Pilot Coatrol of Airport Lighting Cirtmite 150!5345-26 Speciflatlon for 1.627 Plug cad Receptacle, Cable Camectore %5015345-71 Spectficatim for Yin/ Caw Aaeoollise ISO/S715-20 Precisin Approsck Path tmdtestor (HPI) Systems 150/5345•59 ?AA SpvcIfiestlom 4855, Sammy old TsrSrey Caeterlias leiroflecoi6luacttoo How 15015345-17 JiA Spocificatios E451, Airport Light Bases, Tnnsfarmor Houses, .nd 15015345-47 Spectre tiom for Obstruction Lighting Equipaoot 150/5515-44 Spectft rat in for Tarim and pmsay lips 150/515-45 Lilhtoddht Approach Light Structure 150/5345.46 !poll fisetloo for loosay acid TszivN Light piaturse 15C15345.47 Isclation Troodorsors for Airport Lighting Systems 15015345.49 aq ci ficatten 1.054, Radio Cmtro1 Equipment 1S0/SNS-50 3peo1 flcatSoa for PertaDls I" 'Al Lights 150115345.51 lpsetflrattoo for Placbsrle-Typt Plsehor tquipmut 150/5370-6 Cos truct/Go Progress ooA Ispectics Impart-rodercl-kid Airport program I 15US310-10 Standards for Specifying Cestnc%koa of Airports 130/5770.11 use of Eoedsetructits Testing Devices in the Et61411LOn of Airport Psr¢ecta k 150/5370.17 Quality Coorrol of Construction for Airport Lnot Protects 150/5390-1 Eoliport Dseiffa cold. I ~ k 1 E F f I k I r AAA fen 9100.100 (1.19) Dsnleyseat of falls program Molls ppc, r Page 11 I I 1 t FIFII ml 4111 2767L RESOLUTION NO. A RESOLUTION APPOINTING MEMBERS TO THE NOR- TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for Places 6, 8 and 9 on the Board of Directors of the North Texas Higher Education Authority, Inc., expires September 30, 1989; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That Dr, Lindsay Keffer is hereby reappointed to 'i Place 6 on the Board of Directors of the North Texas Higher Education Authority, Inc. for a term to begin October 1, 1989 and j last through September 30, 1991. i SECTION II. That Mr. Jay Anderson is hereby appointed to , Place on t e Board of Directors of Lhe North Texas Higher Education Authority, Inc. for a term to begin October 1, 1989 and last through September 30, 1991. SECTION III. That Mr, James Brock is hereby reappointed to Place on t e Board of Directors of the North Texas Higher 1 Education Authority, Inc. for a term to begin October 1, 1989 and last through September 30, 1991. q SECTION IV. That this resolution shall become effective from and a ter is date of pasaage. PASSED AND APPROVED this the day of , 1989. 1 i Ray Stephens, Mayor ATTEST: enn er a tiers, ty secretary' APPROVED AS TO LEGAL FORM: i DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: v I ~ , I i i I i ` TIN --Flow , CITY of DENTON, TEXAS MUN)ClPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE {817) 668.8307 Office of fhe City Manager M E M O R A N D U M TO: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: September 14, 1989 SUBJECT: DARE and Child Abuse Grants As you know as part of the budget this year, we recommended applying for grants for an officer for the DARE program and an officer for Child Abuse. Application for these two grants was made earlier this year. We have received notification from the Criminal Justice Department offering grants for each of these programs. We are excited about this possibility since both of these grants are funded almost totally by federal and state agonies. Staff would recommend acceptance of both of these grants. If you or the Council has any further questions, we would be happy to try an answer them. JI Rick sveh a Deputy City Manager RS:bw 4707M i I f 2782L RESOLUTION NO. A RESOLUTION ACCEPTING A GRANT FROM THE CRIMINAL JUSTICE DIVISION i OF THE GOVERNOR'S OFFICE FOR EMPLOYMENT OF A POLICE OFFICER TO TEACH DRUG ABUSE RESISTANCE EDUCATION; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF DENTON AND THE GOVERNOR OF THE STATE OF TEXAS FOR SAID GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City hereby accepts the Grant from the Criminal ustice Division of the Governor's Office for the employment of a peace officer to teach Drug Abuse Resistance Education and related expenses. i SECTION II. That the City Manager is hereby authorized to execute a contract between the City and the Governor's Office for accept ce of the Grant, a copy of which is attached hereto and incorporated by reference herein. SECTION III. That this resolution shall become effective imme atai y upon its passage and approval. ? PASSED AND APPROVED this the day of II 1989. ' i i r Ray Stephens, Mayor ATTEST: r Jennifer a tern, ty Secretary' APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY l I BY: j 1 R 6. ff Ie:. STATE OF TEXAS OFFICE OF THE GOVERNOR AUSTM TEXAS 78711 'NILLFAM P. CLEMENTS. JR. AUG 2 8 %9 GOVERNOR Mr. Lloyd Harrell City Manager, City of Denton 215 East McKinney Denton, Texas 76201 Dear Mr. Harrells It is my pleasure to inform you that your grant has been approved to improve public safety in your community. The grant, entitled Project DARE, is for ,$44,304. This grant award must be accepted within 30 days of the award date by the execution and return of the enclosed Grantee Acceptance Notice in the pre-addressed envelope provided. Copies of the packet, along with technical information and administrative requirements, are being sent separately to the project director: and financial officer designated in your grant application. Please call the Criminal Justice Division at (512) 463-1919 if you have any questions concerning the administration of this grant, k We stand ready at all times to do everything we can to help you make your program a successful one. i Sincerely, AN William P. Clements, Governor I Enclosures cci Lt. Paul Abbott i Mr. John McGrane Mr. Rider Scott Executive Director i Criminal Justice Division k I 1 l 1('illi++rr+ 1'. ('Irmcnts, Jr. Criminal Justice Division Ga scoot Rider Scott, Executive Directc: I STATEMENT OF GRANT AWARD GRANTEE GRANT NUMBER City of Denton SF-90-C14-3006 PROJECT TITLE GRANT PERIOD Project DARE/1 09/01/69 - 08/31/90 1J Amount of Award Grantee Matching 1 Contribution: State: $44,304 Federal: $0 "oral: $44,304 ;2,507 The approved budget is as reflected in the attached Digest of Grant Application. The grant is subject to and conditioned upon acceptance of the standard grant conditions, special conditions noted below, rules for administration of grants, and the CJD Finan- cial and Administrative Requirements (published in the Catalog of Program Information), provided with the application kit. Total project costs must be accounted for in accord- ance with the Uniform Grant and Contract Management Standards issued by the Governor's Office. The grant is administered through the Criminal Justice Division, and you may address specific questions to: Office of the Governor Criminal Justice Division + P.O. Box 12428, Austin, Texas 74711 Phone: (512) 463-1919 GRANTEE REQUEST FOR FUNDS Grantee shall request funds on a monthly basis for awards greater than $10,000, and on a quarterly basis for awards of $10,000 or less. Copies of invoices will be submitted with requests for funds for equipment purchase and construction costs. , FUTURE SUPPORT Approval of the above entitled and numbered grant does not commit the Governor's Office l to future funding. Any future funding shall be determined by the state plan under which application may be made, all applicable policies and procedures promulgated by the Governor's Office, Criminal Justice Division, and the appropriation of funds. GRANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as required by Criminal Justice Rule No. 3.65, provided with the grant application kit. 1. Special Condition attached: a. Property Management Standards. 2. Reference Notes attached. ~I AUG 2 8 X989 Award Date ,n William P. Clements, Jr. Governor r OFFICE OF THE GOVERNOR, CRIMINAL JUST*CE DIVISION DIGEST OF GRANT APPLICATION REGION NUMBER PROGRAM CATEGORY 0400 C14 APPLICANT - SEQUENCE NUMBER City of Denton 0409 PROJECT TITLE PROJECT PERIOD Project DARE/l 09/01189 - 08/31/90 AMOUNT RECOMMENDED State: $44,304 Federal: $0 amount Requested: $50,445 DESCRIPTION: This project will provide funding to the City of Denton for a full-time D.A.R.E. officer to teach the Project D.A.R.E. drug abuse prevention course in the Denton Independent School District. The course will be taught to an estimated 756 j( elementary school students and will include weekly classes for one semester (17 weeks). Before teaching the courre, officers assigned to the project will be required to complete an approved training course in the use of the Project D.A.R.E. curriculum. D.A.R.E. is an acronym for Drug Abuse Resistance Education, developed and copyrighted by the Los Angeles Unified School District and the Los Angeles Police Department. The program includes strategies for saying "no" to drugs and resisting peer pressure to use drugs, for improving self-esteem and self-assertiveness, and for managing stress without taking drugs. Also, the curriculum teaches a decision-making process, after which students are presented factual information about drug and alcohol use, followed by exercises in using the skills they have learned. i CJ Support Grantee Total Federal Cash Cash ' and State Contribution Project A. Personnel $36,400 $36,400 B. Professional fi Contract Ser,•' is C. Travel 2,750 750 3,500 D. Equipment 1,757 1,757 3,514 E. Construction F. Supplies 6 Direct Operating Exp. 1,700 1,700 0. Indirect Cost 1,697 1,697 H. TOTAL $44,304 $2,507 $46,811 A. Personnel: D.A.R.E. officer $26,666 plus fringe benefits $9,734. C. Travel: Local mileage (8,000 miles at 25 cents per mile) by officer $2,000, and out-of-state travel for officer to attend D.A.R.E. Certification training course 4 $1,500. D. Equipment: Desk $286, desk chair $220, desk side chairs $238, file cabinet $220, computer j system $2,200, computer table $200, calculator $84, and tape recorder $66. 1 F. Supplies &_Direct Operating Expense: D.A.R.E. Workbooks $1,000, and D.A.R.E. Certificates $700. G. Indirect Cost: In accordance with CJD's Indirect Cost Computation Table. 1 I f Special Condition PROPERTY MANAGE MT STANDARDS 1. Criminal Justice Division grantees shall use their own property management procedures and standards. Property management systems shall include the provision of OMB Circular A-102, Attachment N, Property Management Standards. Grantees shall comply with all applicable state and local laws and regulations. 2. Property management systems should cover the acquisition, use, E disposition, and replacement of all equipment. A. Ac isition Grantees are required to be prudent in the acqu sition of equipment. Careful screening should take place i to insure that proposed equipment is necessary and that the need cannot be met with equipment already in the possession of the grantee. (1) Grantees-Should be aware that the cost associated with the acquisition of equipment may be disallowed if a determination is made that the equipment purchased was unnecessary for the successful execution of the grant project. (2) Grantees should maintain property records on equipment I purchased in whole or in part with CJD funds. These property records are to Le made a part of the official grant records and must be available for review by authorized personnel. (3) Grant records should contain copies of the purchase order and invoice. B. Use During the time that equipment purchased with CJD funds is used for the project purpose, the following minimum i property management standards must be met. (1) Property records shall be maintained accurately and an inventory listing should include: a. a description of the property b. manufacturer's serial number, model number, or identification number c. acquisition date d. location and condition of the property I e. total acquisition cost 1. CJD funds 2. Grantee's cash match funds SCN90 FY '90 1 Reissued 4/10/89 1 (3) if it is determined that a recipient of equipment costing in excess of $1,000 has no further need for the equipment in any of the grant programs, projects, or criminal justice activities, the CJD will make one of the following determinations. a. The CJD may permit the grantee to retain the property for other uses provided compensation is made to the CJD. The amount of compensation will be computed by applying the percentage of CJD participation in the grant program to the current fair market value of the property. b. The CJD may instruct the grantee to ship the property elsewhere. The grantee will be reimbursed by the benefiting agency with an amount which is computed by applying the percentage of the grantee's participation in the grant program to the fair market value of the property. C. The CJD may instruct the grantee to sell the property and reimburse the CJD for its share of the equipment. (4) A biennial equipment inventory is required on equipment with a unit cost in excess of $1,000. This requitement is applicable beginning two years after the completion of the grant period and should be retained by the grantee for audit purposes. D. Replacement of FQUipment when an item of equipment with an acquis~t1on cost of $1,000 or more is no longer efficient or serviceable but the grantee continues to need the equipment in its criminal justice activities, the recipient may replace the property through trade-in or sale and purchase of new property, provided the following requirements are met. (1) Grantees must obtain the written permission of CJD to use the provisions of this section prior to entering into the negotiation for the replacement or trade-in of equipment. (2) Value credited for the property, if the property is a trade-in, must be related to its fair market value. (3) The equipment must be purchased soon after the sale to i show that the sale and purchase are related. (4) Replacement of equipment is not a disposition of such equipment and CJD's interest in the equipment will be transferred to the replacement equipment. The CJD share of the replacement equipment shall be computed as follows: SC09, FY '90 f Reissued 4/10/89 3 h Instructions for Completing Property Inventory Form 1. The property inventory form is to be filled out and attached to the .inal CJD Expenditure and Status of Funds Report. It should be i typed or printed. 2. SERIAL NUMBER Manufacturer's serial number 36 GRANTEE'S INVENTORY NUMBER Inventory number assigned to this item on the grantee's own books. 1 E + i 4. TOTAL COST Total actual cost of the item as invoiced. Do not use a budget f figure unless it agrees with the invoice. I 1 5. CJD FUNDS This amount is that part of the total cost provided by the grantee. ' 6. GRANTEE'S MATCH FUNDS This amount is that part of the total cost provided by the grantee. 7. DESCRIPTION Describe as completely as possible the item within the space permitted. 8. The total of all entries in the TOTAL COST column and in the CJD FUNDS column must agree with the equipment expenditures reported in the final Expenditure and Status of Funds Report. 4 i SC$90 FY '90 Reissued 4/19/89 { , 'r G I I Ri?FERENCP. NUTi?5 - Grant funds associated with this grant, including both criminal Justice Division support and requir.d grantee contribution, arist be accounted for under the Unifo r: Grant and Contract Management Standards as published by the Go-lernor's Office and with CJD Financial and Administrative Requirc+ments (as published in the ^atalog of Program information: 1990 Criminal Justice Plan for Texas), provided with the grant application kit. Included in those standards are Office of Management and Budget (OMB) Circular No. A-87, Cost Principles for State and Local Governments, and Circular No. A-102, Uniform Administrative Requirements for Grants-in-Aid to state and Local Goverrunents, as referenced herein. TAE GRANTEE SHOULD GIVE SPECIAL ArITNTION TO THOSE REFERENCES BELOW WHICH ARE CIRCLED as they have particular significance to this grant and may require supplemental information or documentation. 1. Automatic Data Processing Equipment OMB A-87, Attachment B, Ite, C.1. I! 2. Building Space and Related Facilities OMB A-87, Attachment B, Item C.2. i 3. Insurance and Indemnification OMB A-87, Attachment B, Item C.4. 4. Preagreement Costs CMB A-87, Attachment B, Item C.G. ! S. Proposal :osts OMB A-87, Attachment B, Item C.G. I ~ 6. Professional and Contract Services OMB A-87, Attachment B, Item C.7 and COD ^ Financial and Adrtlnistrative Requirements. Compensation for Personal Services OMB A-87, Attachment B, Item B-10 and COD Financial and Administrative Requirements. Employee's Travel Expenses OMB A-87, Attachment B, Item B-28 and COD Financial and Administrative Requirements. 1 9. Audit OMB A-87, Attachment B, Item B-4 and COD Financial and Administrative Requirements. 10. Program Income OMB A-102, Attachment E and COD Financial and Administrative Requirements. Procurement Standards OMB A-102, Attachment 0 and CJD Financial and Administrative Requirements. 12. Bonding and Insurance OMB A-102, Attachment B and COD Financial and Administrative Requirements. r I k April 1989 I f I j l w { LLL= LLI= -LIM3 LL= LL= 1 LIJ= LLI= LjJZ= Liz= i j 1 I ~ f i y 1 fr low a 'S r •'r 2772E ~ ~ • RESOLUTION NO. A RESOLUTION ACCEPTING A GRANT FROM THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR EMPLOYMENT OF A CHILD ABUSE INVESTI- GATOR; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT i BETWEEN THE. CITY OF DENTON AND THE GOVERNOR OF THE STATE OF TEXAS FOR SAID GRANT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I, That the City hereby accepts the grant from the Crim na ustice Division of the Governor's Office for the employment of a child abuae investigator and related expenses, SECTION II, ~ execute`- CractTbatween the City ty ndr the G vernora'etOfficed for the incorporated by re ereace herein, of which is attached hereto and 1 SECTION III, That this resolution shall become effective imme ate y upon its passage and approval. PASSED AND APPROVED this the _ day of 1989. p ay tep ens, ayor 1 ATTEST: i enn er a ters, ty ecretar Y APPROVED DEBRAA. DRAYOVITCH,~ FORM: CITY ATTORNEY BY: 1 T-M ■'.Li1~ Y, { y a o William 9 Civnicids, A Go-,ern or Criminal Justice Division Rider Scott, Executive Director STATEMENT OF GRANT AWARD GRANTEE City of Denton GRANT NUMBER SF-90-803-3337 PROJECT TITLE Child Abuse Investigator/1 GRANT PERIOD 10/01/89 - 09/30/90 Amount of Award Grantee Matching Cont 3,70ibvtfon: State: $50,173 Federal: $0 Total: $50,173 $ $3,703 The approved budget is as reflected in the attached Digest of Grant Application. The grant is subject to and conditioned upon Acceptance of the standard grant conditions, special conditions noted below, rules for administration of grants, and the CJD Finan- cial and Administrative Requirements (published in the Catalou of Frour_m Information), provided with tho application kit. Total project costs must be accounted for in accord- ance with the Uniform Grant and Contract lla2g2ement Standards issued by the Governor's Office. The grant is administered through the Criminal Justice Division, and you may address specific questions to: Office of the Governor , Criminal Justice Division P.O. Box 12428, Austin, Texas 78711 Phone: (512) 463-1919 GRANTEE REQUEST FOR FUNDS - Grantee shall request funds on a monthly basis for awards greater then $10,000, and on a quarterly basis for awards of $10,000 or less. Copies of Invoices will bs submitted with requests for funds for equipment purchase and construction costs. f FUTURE SUPPORT 1 Approval of the above entitled and numbered grant does not commit the Governor's Office to future funding. Any future funding shall be determined by the state plan under which application may be made, all applicable policies and procedures promulgated by the Governor's Office, Criminal Justice Division, and the appropriation of funds. ORANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as requirad by Criminal Justice Rule No. 3.65, provided with the grant application kit. 1. Special Condition attached, a. Property Management Standards. 2. Reference Notes attached. ~ . I I I i 1 AUO 2 8 1989 ~ Award Date William P. Clements, Jr. , Governor 1 r d h P i OFFICE OF THE GOVER..NCR, CRIMINAL JUSTICE DIVISION DIGEST OF GRANT APPLICATION REGION NUMBER PPOGRAM CATEGORY 0400 803 APPLICANT SEQUENCE NUMBER City of Denton '359 PROJECT TITLE PROJECT PERIOD Child Abuse Invr_stigator/l 10/01/89 to 09/30/90 AMOUNT RECOMMFNDED State: $50,173 Federal: $0 Amount Requested: $50,173 DESCRIPTION: This special law enforcement unit will deal specifically with child abuse offenses. With an officer assigned N11 time to child abuse offenses, it is expected that this agency can increase the investigations by 35%. This police department will coordieate investigative efforts with Child Protective Services and Denton County District Attorney's office. This special law enforcement unit will be involved specifically in the investigation of child ause offenses. This u•.Jt will be responsible for follow-up an 100 cases, making 33 felony arrests and clearing 72 cases. , CJ Support Grantee Total Federal Cash Cash and State Contribution Project A. Personnel $36,400 $36,400 B. Professional 6 Contract Services 31600 31600 E C. Travel 0. Equipment 3,703 3,7C3 7.,406 E. Construction F. Supplies S Direct operating Exp. 4,610 4,610 G. Indirect Coat 11860 11860 H. TOTAL $$0,173 $3,703 $53,876 A. Personnel: Child abuse investigator $26,666, plus fringe benefits of $9,734. B. Professional S Contract Services: Medical examinations for the children victimized $3,600. 1 D. Egui ment: 1I Desk V86; chair $220; side chair .$238; file cabinet $220; computer table $300; calculator $84; tape recorder $66; VCR camera/recorder $1,556; camera lights $166; tripod $110; doll $194; 35mm camera/lens $618; camera flach $126; camera case i $22; computer system and software $3,200. F. Supplies 6 Direct Operating Expense: vehicle maintenance and operation $4,000; film $96; video tapes $73; office supplies .$400, and recording tapes $41. G. Indirect Cost: , In accordance with CJD's Indireci Cost Computation Table. 07/06/69 Sequence No. 0359 12:33:33 RIh:NEkEHCL: NOTES Grant funds associated with this grant, including both Criminal Justice Division support and required grantee contribution, must be accounted for under the Uniform Grant and Contract htanngement Standards as published by the Governor's office and with CJD Financial and Administrative Requirements (as published in the Catalog of Program Information: 1990 Criminal Justice Plan for Texas), provided with tha grant application kit. Included in those standards are Office of Management and Budget (C43) Circular No. A-87, Cost Principles for State and Local Governments, and Circular No. A-102, Uniform Administrative Requirements for Grants-in-Aid to State and Local Governments, as referenceel herein. 111E GRANTEE SHOULD GIVE SPECIAL ATTENTION TO THOSE REFERENCES BF-LCH NIIICII ARE CIRCLED as they have particular significance to this grant 1 and may require supplemental information or documentation. 1. Automatic Data Processing Equiprront OMB A-87, Attachment B, Item C.I. 2. Euilding Space and Related Facilities OMB A-87, Attachment B, Item C.2. 3. Insurance and Indemnification , 0I9 A-87, Attachment B, Item C.A. ~ i 4. Preagreement Costs OMB A-87, Attachment B, Item C.S. 5. Proposal Costs CMB A-87, Attachment 8, Item C.B. it ( E~ Professional and Contract Services OMB A-87, Attachment B, Item C.7 and CJD Financial and Administrative Requirement! Compensation for Personal Services 014B A-87, Attachment B, Item B-10 and CJD ` . Financial and Administrative Requirements' B. Employee's Travel Expenses OMB A-87, Attachment B, Item B-28 and CJD J i Financial and Administrative Requirements, 9. Audit 048 A-87, Attachment B, Item B-4 and CJD Financial and Administrative Requirement 10. Program Income OMB A-102, Attachment E and CJD Financial and Administrative Requirements. { ' 11. Procurement Standards OMB A-102, Attachment 0 and CM Financial and Administrative Requirements. 12, Bonding and Insurance OMB A-102, Attachment B and CJD Financial and Administrative Requirements. April 1989 J T e ' xi x ~ A Special Condition PROPERTY MANAGOWNT STANDARDS J 1. Criminal. Justice Division grantees shall use their own property management procedures and standards. Property'management systems shall include the provision of OMB Circular A-102, Attachment N, Property Management standards. Grantees shall comply with all applicable state and local laws and regulations. `r 2. Property management systems should cover the acquisition, use, disposition, and replacement of all egv.ipment. A. Acquisition Grantees are required to be prudent in the acquisition of equipment. Careful screening should take place ;:o insure that proposed equipment is necessary and that the f need cannot be met with equipment already in the possession of the grantee. ` (1) Grantees'should be aware that the cost associated with I the acquisition of equipment may be disallowed if a 4 determination is made that the equipment purchased was fl unnecessary for the successful execution of the grant j project. (2) Grantees should maintain property records on equipment ` purchased in whole or in part with CJD funds. These ` property records are to be made a part of the official ` grant records and must be available for review by r authorized personnel. (3) Grant records should contain copies of the purchase order and invoice. B. Use During the time that equipment purchased with CJD funds is used for the project purpose, the following minimum property management standards must be met. (1) Property records shall be maintained accurately and an inventory listing should include: a. a description of the property b. manufacturer's serial number, model number, or identification number c. acquisition date { d. location and condition of the property e, total acquisition cost 1. CJD funds 2. Grantee's cash match funds SCN9, FY '90 Reissued 4/10/89 1 14 B 1 4 3 f A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The grantee shall, in connection with Uie inventory, verify the existence, current utilization, and continued need for the property. (3) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage or theft of nonexpendable property shall be investigated and fully documented. In the event of loss, damage, or theft, the Criminal Justine Division shall be promptly notified. (4) Adequate maintenance procedures shall be implemented to ' keep the property in good condition. C. Disposition The following procedures relate to the disposition of ,equipment. (1) At the termination of the grant period, the grantee shall submit an inventory report as an attachment to the final expenditure report. The total cost of the inventory should reconcile to the total amount reported in the equipment category of the final expenditure report. The inventory forms furnished by CJD should be used for the report. Grantees should also include recoaarendations as f to the future use and disposition of the equipment. (2) Upon receipt of the above inventory report, the Criminal r f Justice Division will advise the grantee within 90 days ll as to the determination regarding the future use of the equipment. a. The grantee may be permitted to retain the equipment. In this instance the grantee must provide written assurance that the equipment will be used in the criminal justice system in a manner consistent with objectives authorized by the CJD. However, if the recipient of the above equipment should later discover that any of the items are no longer necessary to accomplish the law enforcement ' objectives of the agency, ND approval should be obtained prior to the choosing of alternative uses or locations for the equipment. i 1 i b. The equipment may be transferred to other CJD grantees needing the property provided that the benefiting agency makes the written assurances as provided for above and reimburses the grantee for its share of the equipment. SC09, FY 190 Reissued 4/10/89 2. 1 1 ri ti 13) If it is determined that a recipient of equipment costing in excess of $1,000 has no further need for the equipment in any of the grant programs, projects, or criminal justice activities, the CJD will make one of the following determinations. a. The CJD may permit the grantee to retain the property for other uses provided compensation is made to the CJD. The amount of compensation will be computed by applying the percentage of CJD participation in the grant program to the current fair market value of the property. b. The CJD may instruct the grantee to ship the property elsewhere. The grantee will be reimbursed by the benefiting agency with an amount which is computed by applying the percentage of the grantee's participation in the grant program to the fair market'value of the property, C. The CJD may instruct the grantee to sell the j property and reimburse the CJD for its share of the 9 pment (4) A biennial equipment inventory is required on equipment with a unit cost in excess of $1,000. This requirement is applicable beginning two years after the completion of the grant period and should be retained by the grantee for audit purposes, D. Replacement of Equipment when an item of equipment with an acquisition cost of $1,000 or more is no longer efficient or serviceable but the grantee continues to need the equipment in its criminal justice activities, the recipient may replace the property through trade-in or sale and purchase of new property, provided the following requirements are met. (1) Grantees must obtain the written permission of CJD to use I the provisions of this section prior to entering into the 1 negotiation for the replacement or trade-in of equipment. i (2) Value credited for the property, if the property is a trade-in, must be related to its fair market value. (3) The equipment must be purchased soon after the sale to show that the sale and purchase are rt-lated. j 14) Replacement of equipment 13 not a disposition of such I equipment and CJD's interest in the equipment will be 1 transferred to the replacement equipment. The CJD share of the replacement equipment shall. be computed as follows: 5C49, FY '90 Reissued 4/10/89 3 1 _7 06W r II`r I I • a. The proceeds from the sale of the original property amount or the credited for multiplied bytheCJLshare (percentage) to produce a dollar amount. b, tThe otal purchase price of the dplacements property shall be the CJD share of the replacement property. ` (5) iThe relacement eipment will nstruction on use and disposition eas the equipment which is replaced. (6) Rcplacemer,t property must serve the same function as the i original property. ' E I ~f F SCN90 FY '90 4 Reissued 4/10/89 4 k a Instructions for Completing Property Inventory Form 1. The property inventory form is to be filled out and attached to the final CJD Expenditure and Status of Funds Report. It should be typed or printed. 2. SERIAL NUMBER Manufacturer's serial number 3. GRANT'EE'S INVENTORY NUMBER Inventory number assigned to this item on the grantee's own books. 4. TOTAL COST Total actual cost of the item as invoiced. Do riot use a budget figure unless it agrees with the invoice. S. CJD FUNDS This amount is that part of the total cost provided by the grantee. 6. GRANTEE'S MATCH FUNDS This amount is that part of the total cost provided by the grantee. i 7. DESCRIPTION Describe as completely as possible the item within the space permitted. 8. The total of all entries in the TOTAJ, COST column and in the CJD FUNDS column must agree with the equipment expenditures reported in the final Expenditure and Status of Funds Report. . SCA9, FY '90 Reissued 4/10/89 W i. PROPERTY INVENTORY GRANTEI: GRANT NU143BER : + SEE INSTRUCTIONS ON REVERSE SIDE SERIAL GRANTEE'S TOTAL CJD GRANTEE'S NUMBER INVENTORY NO. COST FUNDS MATCH FUNDS QUAN'TIT'Y DESCRIPTION { I { I f TOTAL COST XXXX XXXX The above-listed equipment is to be used for the successful continuation of the grant project under which it was purchased or will be used to continue other CJD funded projects. List those project(s) and grant number(s): I hereby certify the above-listed equipment will be accounted for in accordance with the property management standards outlined in the Uniform Grant and Contract Management Standards, Attachment N, OMB Circular A-102, i and all items costing in excess of $1,000.00 will be inventoried every two years by this agency. I Si: 49, FY 190 Lvicsued April 1989 FINANCIAL OFFICER DATE ~V 6 I5 i a T-T-T-T- IF IWIJI~1111111` I i i i i I I I I 1 i 6444-6 I 14 Jii h ti k CITY of DENTON, TEXAS MUNICfPAL BUQ DING / DENTON, TEXAS 76201 / TELEPHONE ia17) 566.8100 MEMORANDUM DATE: September 14, 1989 TO: City Council, City of Denton FROM: Jerry Clark, City Engineer JUSJECT: Traffic Light Synchronization Program Grant Application 1 Program Description: This program will provide to cities across the state the sum of $5.2 million ($2.6 million for the first year and $2,6 million for tho second year). This money will be used to optimize traffic signal timing plans and replace outdated signal controller equipment that cannot otherwise provide optimum signal timing. ; These funds will assist traffic engineers in reducing unnecessary vehicle stops and delays through more efficient traffic signal timing. Projects are also expected to result in significant fuel savings and a reduction in vehicle emissions. Statutory Authority: The Traffic Light Synchronization (TLS) program is one of several new State Department of Highways and Public Transportation projects approved by the Governor's Office as part of the "Oil Overcharge Restitutionary Act," which creates an oil overcharge account in the State Treasury for use in funding competitive grant programs. Funding Cycles: The State Department of highways and Public Transportation j anticipates two funding cycles. Projects selected for funding will be prioritized. Top priority projects will be funded during the second funding cycle. 1 ~J qk City Council Traffic Light Syn page 2 Funding Split: Up to 751 of project costs are eligible for reimbursement. If a project is funded, the local government must provide a minimum 251 of the total direct costs of the project in matching funds and/or in-kind services. Proiect Area: The project area includes all the signals on Hell Avenue from Eagle Drive to the Nelda Stark Hall (iWU) pedestrian signal with the exception of the signal at th4 TWU wtn entrance which has already been funded. Please see attached map. Thank y4ld: i 7 oy c , lr lar i + i i I 1. I i AIR tod. 0;!N7, -all mar rr Von, r i Iwo, l I ` p~ CIT Or KNTONp !X 1 f I f 'Yuman w` z A milz i Q Y~ I I TEXAS WOMAN'S UNIVERSITY p t I t~ wn ~Z < A i~i~ ~ y h ;R • • BELL AVE • s ISM X, TEXAS WOMAN'S UNIVERSITY LEGEND • GRANT SIGNALS (8) 0 NON-GRANT SIGNALS { 9 CITY OF OENTO I TLS GRANT APPLICATION FOR DELL AVE SIGNALS, lw~ i 1 1 J b 4 ~p v ► 4 2773L r RESOLUTION NO. A RESOLUTION AUTHORIZING A TRAFFIC LIGHT SYNCHRONIZATION PROGRAM GRANT APPLICATION TO PROMOTE THE CONSERVATION OF ENERGY RESOURCES; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton recognizes that it is in the he interest of the national economy to promote the conservation energy resources and to reduce our nation's dependence on costly foreign oil; and, WHEREAS, the retiming of signals by the City of Denton will provide benefits to the local community in the form of improved traffic flow, reduced fuel consumption, reduced vehicle operating costs, reduced air pollutant emissions, and improved safety due to smoother traffic flow; and WHEREAS, funds have been established and are available through the State Department of Highways and Public Transportation j for grants to local governments for traffic signal retiming projects; NOW, THEREFORE, f THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton author zes t e submission of an application to the State Department of Highways and Public Transportation for a Traffic L ight Synchronization grant and, if the application is selected for authors zed gand the City tog execute in City the name Denton the sC ty hereby Denton all necessary applications, contracts, and agreements to I implement and carry out the purposes specified in this resolution. PASSED AND APPROVED this the day of 1989. ► i Ray tep ens, ayor ATTEST: Jennifer afters, ty ecretary APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY If BY: 1 i 1 s Li L 1 l rlrTT- I I l 1 T-FIFY I 7pp WWI It$ I.... Hit- Will WiY IJ 9iu;l: k CITY of DENTON / 215 E, McKinney t Denton, Texas 76201 MEMORANDUM DATL: September 14, 1989 TU: Lloyd Y. Harrell, City Manager FROM: John F. McGranc, Executive Director of Finance SUBJECT: H0fEL/MUTEL TAX s Phis action relates to the budgets of the recipients of the Hotel/Motel 'fax as submitted to Council on September 12, 1989. State law requires Council to review and approve the recipients x budgets. This action keeps us in compliance with State law.' If you should have additional questions or comments, please 4 advise. ` JoVn cUrane a JFMcG:af ' Attachments : a g 48SUF i q a~ Y 7 ti DENTON CONVENTION & VISITORS BUREAU BUDGET 1969/90 Income Projected 1989/90 Total Income: $ 143,313 Disbursements 1988/89 1988/89 1989/90 F BUDGET ACTUAL BUDGET Salaries 65,855 63,505 69,156 Expense 1,600 11600 1,600 Taxes 5,515 51690 81395 Health Insurance 2,889 29769 30180 Training S Travel 3,148 3,148 3,324 Equipment 99053 50500 81855 I Office Supplies 11200 1,200 600 CV Telephone 61000 41200 60000 ; Audit 10000 750 16000 I Printing 750 750 750 Postage 11200 11200 600 Convention Promotion: Travel 21900 19500 49700 Services 1,360 800 3,180 Advertising -0- -0- 3,000 Promotional Events 500 -0- 1,181 Trade Shows 1,200 11000 11275 Promotional Material 6,200 6,200 61000 Memberships 2,600 2,088 11357 Subscriptions 100 100 100 Tourism Promotion: Travel 300 300 300 Services 500 250 500 Advertising 6,663 4,391 31000 E Promotional Events 39500 2,618 -0- Trade Shows 21300 21300 19350 i Promotional Material 110000 11,000 10,000 Memberships 300 226 300 Subscriptions -0- -0- 10 Film Commission 3,000 41026 3,000 i TOTAL 140,633 127,111 143,313 ~ i ~ j 41 1 r NORTH TEXAS STATE FAIR ASSOCIATION I PROPOSED BUDGET FOR THE FISCAL YEAR OCTOBER 1, 1989 THRU SEPTEMBER 30, 1990 1 I ° Actual Proposed Oct, 1, 1988 Budget Thru Aug. 31, 1989 1989-1990 Salaries $41,798 $41,000 Printing 3,371 3,500 Travel 2,400 Postage 577 1,200 Office supplies and expenses 108 500 Telephone 1,102 1,200 { l Office equipment maintenance 200 Ir Total {46,956 $50,000 M I t I i' E I I ~ r Ji t f I J T - - r•r_____. _ _ _ T i ~ a NORTH TEXAS STATE FAIR ASSOCIATION t SUPPLEMENT TO PROPOSED BUDGET FOR THE YEAR OCTOBER 1, 1488 THRU SEPTEMBER 30, 1989 Salaries - An Executive Director and assistant are employed. Based on time spent promottne tourism, 70% of these salaries are in the budget. Printing - Catalogs, posters, leaflets, etc. prmoting Denton and the North Texas State Fairground facilities. Items are distributed in Texas, Oklahoma, Arkansas, Louisiana, and New Mexico. Travel - Attend meetings, shows, seminars and other activities to promote tourism in Denton. Postage - Mailing catalo a _B_ B posters, leaflets, etc. as well correspondence to follow up inquiries received at meetings and through the mail. Office Supplies - General supplies to maintain an efficient office. Telephone - Necessary to maintain communication. Office Equipment Maintenance - The office equipment includes a compucer, { typewriter, copy machine and adding machines that mast be me:ntained in good condition for efficient use. i v t ~ J . I I f i r + l T ! 1 1 I Z " I I 400B TIM 9I)TB Fill Ot-0ep•1! Fifla0citl Ierort 1919 0101 F8 t1 Hirt ltrrif a 111a Bu 1106 hatie Jan let ler Apr !!J An lu7 1us lip Oct NOT Dec :III FROM? TO 01:1 t10c0ae) Doafti0ar 10 10 10 SO 10 10 10 $0 10 10 0 10 10 Fair 1911 110 6519 125 SC 10 10 10 10 10 10 10 $0 1!!I Fair 1911 10 11' 11,735 124569 $1,911 11491 11,179 It 10 10 10 10 11!,111 let liable left 1100 IQ to SC IC 10 10 to 10 10 10 10 1100 bile 111 t0 SO 10 t0 IQ t0 SO $0 $0 10 11 II1 f 1 ~eelalr (1,110 1170 11,110 !1,915 SS2S 11,021 I1 ,111 t0 10 10 10 10 110,111 f I Turin 111055 111,920 10 10 111,121 15 0 10 10 10 t0 10 126,16!, t TotalIOeoee 11,166 111,960. 17,010 11,901 $11,C69 11,111 15,551 10 10 10 $0 10 111,111 Qtr 119,61 Ott 12$,F0 Ott -I (6,661 Ott t0 ~ flrpeaeet i Irpo Ceater 10 10 10 10 $0 10 to 10 10 10 90 10 10 lueatita 0lrfetor 10 - 10 to 111111 t0 10 11,111 $P to $0 to $0 11,61: Fair 1111 196 to 10 10 10 to 10 10 10 10 10 10 191 Fair 1911 10 1500 150 111 17,110 110 11,151 $0 10 t0 10 60 $6,111 Iefulnel $1,151 t0 t0 10 10 t0 17,111 10 $0 10 $0 to IIII II lalatowee 1116 1200 11,120 1660 91,099 12,701 12,113 SO 10 $0 10 10 11,111 j leaterflip Ili to 121 121 10 SO $o 10 10 t0 10 10 161 life 151 10 10 1C III IA $ 0 SP $0 10 $0 10 1161 lotillotereet lip to SO I1 10 10 10 00 10 10 10 10 10 10 Office 1911 1761 112r 1607 1191 1120 152C 10 60 10 P 10 11,111 orpelulle0f t11! SP t5S 10 10 t0 10 10 10 10 SO 10 Nil Tooriu 1111( tat 111171 11,111 11,111 10 11,711 1),17) 10 10 10 10 I0 IP 111,1!1 offief 11,011 11,011 $11065 11,015 11,01$ $1,011 11,015 I1 10 10 10 $0 11,611 Igoipaeat 10 IO t0 10 to 10 10 10 to 10 10 10 10 Utllitlea 11,021 1102 111006 11,281 SIM? $511 11,191 10 10 10 10 10 $1,061 Totallrpaafe 11,111 114 IfI II, 111 11.017 111,111 11, ISO 111,611 $1 Io to 10 10 16t,1p1 Ott 121,I1S Qtr 116,212 Ott 111,611 Qtr to Pit lacoae III, 111) $1,456 (II,IIII 1150 12,621 (IS,OF11(t17,1361 $0 10 10 IQ 10 11 1) t . . . . . . . . . . . . . . . . . . . . t:rt:t a::t:s :t t: 7131:: titt:t Ott (11,1951 Qtr 112,1411 Ott (611,1111 Ott 10 1011 •1:,111 I 1i T-W I f 1AT11 %D3 M!y }1,.N II•Iea•t9 Fioencial Recort 1981 1020} AN bl Robert N:rrie p10IlCt Nootie lee Feb Nu Apr Oaf Jun 11 l Icl Sep Oct Noe lea 1111 TO 0111 1lecooer i Dentine 10 10 1) 10 10 10 10 t0 10 '0 0 10 0 10 l hit 111} 11 $0 10 10 11 IO $0 10 ID I lair 1111 111 15,010 11,221 UJO1 13615 1 L211 $0,111 11$1,111 11,101 !1,313 11,310 1611 1 (110,111 Nee Inset peer 1200 1100 1200 to 18 1100 10 10 10 ID to 10 (100 Nita 1110 131 111 10 10 10 10 10 10 ID t0 113 It at ell till 1150 11,11$ 61,326 11,126 $560 11,156 1121 11,165 11,115 1111 11 to (101 tanriu Io 33.171 10 11,156 110.511 l0 10 111,121 10 10 111,610 (o II3Ili 1 Total lacaee 11,610 11,611 171111 110,211 116,11: 13111 tI,110 (111311 171011 11,113 111,111 11,010 1111,010 Qtr - 1 MAS1 ~ I:rpeaeet Gtr •t 111,266 Qtr 1332,!11 Ott 4 (ll,gf , 11po Canter 11,000 13 10 10 to !0 10 to 10 10 1o 10 ^11,000 telcatiee Director 10 t0 140 11,111 10 $1 11,131 10 10 1311 11 10 (1,111 , role lilt 1o to 1113 61 $D 10 $0 11 1) 10 of if flit 1111 10 so $0 111 111 11,195 11,113 !111,1!1 11!,11} 11,110 1111 1l,If0 3361 161eraece 11,0}1 11311 10 10 10 10 t-0 11,013 10 10 Itt1,f01 Nalatlalace 1}11 till 1$11 1111 1156 11,101 11,111 1111 11,ItI $111 11,311 10 11,}!1 NeeDerrllp III to 10 10 ID to 10 10 $0 10 1311 111,1!1 Nlea 10 111 10 IS 10 60 t0 10 10 111 latellaterert hp 10 10 10 10 10 10 10 10 ID l0 1lt0 ItDI 10 11 10 M 1 Office 1161 111 IHI 11,1:1 11, 111 ISSI IG to 10 to 0rleaintlou 1110 1o I$0 10 10 1613 333 1111 1111 $lif 1311 h,t$! ~ Toorln 10 10 !o !0 $0 1100 II:1 ' Ilti q Noalluut Is. lit 13,113 13,111 10 11,311 11,113 10 13,133 13,1)3 131311 13,113 11,111 ill,Il) e office 11,311 11,010 11,010 )bolo Iloilo Iloilo 11,010 110011 111010 111110 Iloilo 111010 111,111 i t 1Qaipa2et 11 IO t0 10 ID 0 t0 f0 1o 10 10 If 11 l utt►itler IS" 1111 1111 1:I,III II,oll 11,113 11,111 111 11,111 !1,613 I I I I I I I I $)III" Totalllpnae 111,0)0 15,511 16,313 112,133 1?,116 1111410 111,113 III:1121 121,011 111,113 11,10} (1,110 I Ott llt,fll Qtr 111,111 Qtr 1111,121 1:11,13, Ott •1 111,111 Net locale (I21,ITD) l1, of? 213,015)(tEt,Sl1! lI,CBS 111,2:11 f11,1431 115,10! 2111,1111 (11,2101 11,11? l {1lf :Hell ::I ::r::I AMU I:::Is 2!911: 33a131 ollo: Gtt••i 11:1,4531 fa°a' Qtr (111,1511 Ott 153,511 Ott 4I,1I13013 •11.131 I i i ~J „S y PROPOSED 1989-90 DCHF BUDCSI' OPERATION ACCOUNT (HISTORICAL COMMISSION) WO FUNDS I" CITY OF DUMN Account Number Activity Deecription Dudget 86-87 Budget 87488 Budget 8" Budget 89--90 Visual Aids & Archives 1.01 Slides Photo 500.00 400.00 400.00 190.00 1.02 Archives/ref library 400.00 300.00 300.00 300.00 Subtotal 900.00 700.00 700.00 490.00 Publications 2.01 ru, Pu cations 1250.00 1000.00 1950.00 1950.00 2.02 Publications Reserve 0.00 0.00 1800.00 500.00 Subtotal 1250.00 1000.00 3750.00 2450.00 , Activities Proecta 00-r. 3.01 -EquIpment for projec a 1500.00 400.Cb 450.00 260.00 3.02 Memberships, Training 1500;00 400.00 650.00 505.00 3.03 Heritage Projects 1000.00 300.00 675.00 650.00 3.04 Operation Supplies 1000.00 450.00 600.00 825.00 3.05 Kays and Means 100.00 100.00 100.00 200.00 3.06 Capp italImprovementa 750.00 200.00 650.00 400.00 3.07 Relocatior. 250.00 100.00 0.00 0.00 Subtotal............••..... 6100.00 1950.00 3125.00 2800.00 I ' Personnol 4.01 Aciminis rativu kids 8347.00 8690.00 8950.70 0.00 eua Pro oot ' 5.01 kuseua action 36500.00 36500.00 0.00 0.00 6.01 Audit & IRS 501 C-3 0.00 0.00 500.00 500.00 7.01 Reserve Account _ 0.00 0.00 2000.00 500.00 Subtotal,, 00,040.0 .4487.00 45190.00 11450.00 1000.00 i GRAND TOTAL 53097.00 4W..40.00 19025.70 6740.00 * As of April 6, 1968 the Museum allocation and the Foundation Operational Account (Historical CoWssion) allocation are distributed quarterly the Foundation Board of Trustees consisting of two members each from e Museum Hoard of Trustees and the Historical Comisslon. The Foundation receives 33 113% or the quarterly Lalor funds distributed to the Denton ' Cultural Confederation. 1 -4- DWT1X COUKPY HISPORICAL 0%WSSION OPERATION BUDGET of the DENTON QOUNTY HISTORICAL FDMATION, INC. INDIVIDUAL LINE ITEM ACCOUNTING }`OR THE 1989-90 BUDGET 1^ 1.01 Slides and photographs m and development into slides,,,,,,,,,,,,, 70.00 development into photographs....,,, Storage cases for film ' 70.00 Photographs and slides...,,,,,,,,, 50.00 190.00 The slides and photographs, both color and black and white will be generated at the marker dedications; at historical preservation events in the City of Denton; at functions in the Courthouse and the Museum; at all Historical Celebrations and Events in cities and towns through- out the County. The Commission is responsible for recording all events dealing with historical appreciation and historical preservation, 1.02 Archives and Reference Library 3 Reference books for Museum t Texana histories.... 1355 1-00 3.00 300.00 As part of tho requirements for the Historical Commission to earn a Texas Historical Commission Distinguished Service Award in the field of Museum Assistance, three textbook quality books must be donated to the Museum Library, SUBTOTAL (1.01, 1.02) 490,00 I i 2'01 Future Publications f Publish short histories of all cities and communities within Denton County for use by school children studying Texas history,,, 1950 00 2.02 Publication Rea ~ erve 500,00 I I 2450,00 Publication reserve will be increased during the years as profits are realized through the sale of BATES HISTORY OF DENTON now on sale in the Museum. I , DENTON COUNTY HISTORICAL C04USSION OPERATION BUDGET ...................page 2 ACTIVITIES, PROJECTS AND OPERATIONS 3.01 Project equipment VCR blank tapes 190.00 Ninety minute Audio blank tapes 70,00 260.00 Audio and Video tapes are made of historically significant Events for listening and viewing by visitors to the Museum. 3.02 Memberships, Training, Subscriptions National Trust for Historic Preservation, member.......... 75.00 ' Texas Historical Foundation, member 75,00 I j Denton Central Business Association, member...........,..,, 50.00 Greater Denton Arts Council, member 35.00 Subscriptions to all local newspapers from cities in Denton Countyi Denton Record Chronicle, Carrollton Chronicle, Texas J Highways, The Times Ma13hall Creek, Lewisville Leader, Denton Enterprise, Lake Area Argus, Rainbow Sun LTD, Pilot Point Post Signal and Texas Historical Commission.................... 270.00 505.00 I The sources above are all current local and regional history. Articles are clipped and put into scrapbooks, which are available for research in the Museum. Work has begun to index all these articles on local history on a computer format. I i I 3.03 Heritage Projects Cemetery Census 100.00 Antique Fire Truck, maintenance, transport 400,00 Historical Markers 150.00 650.00 3.04 Operational supplies Stationary supplies, including computer materials,.,,,,,,, 300,00. Texas State Sales Tax Permit 25,00 Commission meetings, refreshments 100,00 Conservation materials, acid-free,,,,,,,,,,,,,400,00 825. DO . 1 i 1 I p 1Cr 4 , r DENTON COUNTY HISTORICAL CCl cssiON OpwATION SMEP .....................Page 3 3.09 Ways and Means (Historical Friucation) Booth space at Spring Fling and the Fair Grounds.......... 200.00 3.06 Capital Improvement Boxes for acid-free storage of Materials, file cabinets, book shelving for current history reading area, computer station furniture 400.00 SUBTOTAL......... 2800.00 4.01 PERSONNEL Executive Director .....................r........ 0.00 Director of Museum devotes 209 of her time serving the Historical Commission in administrative capacities. Administrative Aide 0.00 Administrative Aide paid by the County, devotes her clerical and research capabilities to the Commission and Museum. i 5.01 MUSEUM ALLOCATION 0.00 Museum allocation of funds are made directly from the i Denton County Historical Foundation, Inc Lalor Fund receipts. I ' 6.01 AUDIT AND IRS 501 C 3 Reports 500.00 Annual audit required by the City of Denton and the IRS 1 . 500.00 i ~ 7.01 RESERVE FUNDS 1000.00 SUBTOTAL.......... GRAND TOTAL....... 6740.00 i • Y 1 J~ 1 LIJ a a cIItC;l10log 1.1;1'my 4, In J,) if 1Arnrtrv U1111UIt CUllrrlt' tll;tufriCnl. rhl U. ll)L' 1 - 2' J•~ 4, + 1' • O. Cr.l,'f 210,1 L4uton, 'I'1xg5 76202 (8171 3RJ-007J 1909-9U F'lscat Year ❑ug . yet uct, iL 1909_ Sept. " e~°~rrareaavavarr re ar-avaeava 30. 1990 hLIUnE'I'`LIf)F: ITEM ,aes:..rani AMOUNT ,are--rawer 01. SlAfF' S~IAitlG.9:1)elndnnsed Co i'ounl L ~ 1-' 1•UI UJtrctOr (lull 7 Lin)- ___52 wks_x 19,85 lcr it 401 lpw) $190666.02 t.U2 Etlrlcnlot/Volunt~cr C'cr-)r(? IIIA Sz_w'~s. r ~O.UG der hrl3Ullpwl I~ _ I - - $12,__ _ 573.60 1,0.1 AICi11tInL SU 4't. x 20 Ins (I r. r hr1 I(t lus. Hu^euw wHy. County N/A _ l'UI p ip, _ _ I,U4 I'!t'A,hd', I'IX,',hcnMlla-County F'un,A tl for Uiroctur, rduc.ztor, - - ix)-teinlrurscllcnt Irtan Museum. r1/A I. CIS trori: 5[rxly I'rcrata+n 2 FI^!IIcrLIxfIU6._Q xj StLien rrn, , 'Ix -3 stuaents} a2 400.0o 1- "r,rev-asr--aarrer~.r_...~.~. $ 11503.60 011 '1111M, 5)1111t1Y F5(I'F1UFS arra,faaa an araa raeter ura aeuara aaeaeaeeaetu- era E r,- _ ,aarrrr~-a,,a,rr, $42 14 4.02 02,00 olum'ruk; F7U FIMFS (F/JSFxR11:e --swat- rrrae rr re eaeaa esaa aer eerareep e, _ar j 2.01 Akyut~_rsh1U/chi Eons ,~„01 rCa►, '1'11x1'./'1'ourJ.^~r rrrrtotlon i.U3 sift FlKP $ r 000.00 I 2,04 Sales'rax Gift Sl _ If 2.05 Audit, INS Fbtins _0 $ 800.00 p ~ 2,06 'i'tuaecs' Tqo acts 2.U7i Acy~lolt NIK7s 25 I 2.UA Cbrwultants, rro acts 1,09 irisuralrce 1.10 ExhiLl_ls,_Su ,lies 2.11 Ufi!ce Sulyrlies, E,u111-~ S ~u j 270.00 2 12 Collection FLilk~ -rent - 1.13 Cun +uter Assessories 1 000,00 500, 00 2..14 'Travel F111eage-SClxx)1 Outreach j 700. 0 2,15 Greints ratticJ)vtlo,, 2.16 C'unti1r1e11cy 'sue----~ 2.1 J' EducatlomNorkslr s a pro ects I 4 2.18 f1C7CeIIt/Vo1unteer rr ram 2.19 O ti MISecurlty 8 flaiaterarxA~ 200.00 J 2t?.Q s1€;isi~§avilKa# 1 000,00 2.21, Director a Account - I mateer,ra reeeeerera rar eaaarruarrr +eneaaa arrarp err rerreurarr-rear-- uarf rr rr A 0 7YAL V OATI rS O t 1 , V11%t, ~rlr ~rEtl~ rr:111111 r ~ t i~t r° i:1111:111111 r:rrrrrrrrrrr rt ~AFYIt1A1NF77rrIA!'/i/iflliiflFAi'r17N;'17mIC7}75Y11~9tt~Y.~rACrt F AI/I4/1AAAAAI AA►►A4 A t 6 4a o o ri Is A 7A F low 4 ` DEliION QUNIY [11SIVR[CAI, MUSEWIt INC. i REVENUE J f 1989-1990 UTAx.._nr - ocr. 1, 1989 - SEM 30, 1990 4. 0 IT LIZ T RE1fE7J - 1'RAXISM 4.01 [Xlr FOLIMIltiCTI (taylor) $ 48,846.40 4.02 Gift Sh(4) $ 30500.00 4.03 honni.ions $ 767.59 4.04 work Stimly Prournui $ 4,41J.UJ r 4.05 t" Account Interest $ 400.r i 4.06 M Account Interest $ 500.00 4.01 Workshop Fer_s $ 500.00 4.00 Grants If Alplied For UET1iUN 11E71FF1T I FlY3UE $ 71500.00 k 7'ex. E[Istor as On. $ 10000.00+ GIlAI: U111171S 't 111S1VIlilJ1L SUQIEiYI%. S 20500.00* s• 4.09 User Fees $ 75.00 4,10 I1lse. Revenue(Mil Drg FW) $ i X1 Lutal $ 58,994.03 4'1'11080 items not shown in grand total 1proposed total) i , MAY , 1989 MX;E7r REVIEW----L*WMN CUUM E11S1XXUCAL MUSEUM, INC. TO: BOARD OF TRUSIUS, DCIPUSFx1M, INC. FROM: BUDGET AND FINANCE COMM1TITE (B. Martin, Chrmn.(Treas.);P, Chandler;V.' Shields; N. Gamble; C. Vaughan,(Chrmn. DOT)); The Budget and Finance Committee has made every effort to take into consideration the objectives of the Board of Trustees for the WiMuseum, Inc „ conments and recannendations from both Board Members independently and through the various Committees, along with input from the Staff. From tracking the budget for the last two years, canes the following Budget. 1989-90 BUDGED STAFF SALARIES The Educator's salary is shown for 52 weeks with 30 hours per week. This is an I Increase of $3,586.33,included is vacation and sick leave. [Educator previously was scheduled for 48 weeks 20 hrs each week, with 75 hrs, for workshops.) The hrly. age remains the same, $8.06.(Last yr. 8987,27 and this yr. 12573.60) i -Workstudy Program is set at the same fiqure~ as Izst year with the possibility of in increase in minJmum wages,this may mean the hiring of two (2) rather than three (3). + line item 1.05A does not show Workers Ccmpensat,ton insurance as it is an operation f expense under line item 2,09 Insurance. The Educator's hours should be Monday through Friday from 10:00 AM to 5:00 PM l with any early hour tours or programs for nine o clock prompting early leave time as scheduling permits. This should provide for school outreach, in house tours,wotks hops, etc. The Archivist is scheduled for 20 hours per week with half this time dedicated a to the Museum Collection, etc. (Presently these hours are Tuesday, Wednesday, Thursday) Scheduling the hours Monday to Friday will alleviate some of the present problems of having no one available on Monday and Friday, placing extra burdens on the other M staff. The Saturday afternoon hours of the Museum should be rotated among all of the staff,perhaps as follows: Draw for the first Saturday and then in alphabetical order bogirvA ng with the person who draws the first Saturday. The staff member working on Saturday would be scheduled for an off day on the Friday prior to or Monday following I the Saturday being worked. Example: Peggy Jordan draws the First Saturday, the list would read: P. Jordan, J. Sellmeyer, B, Edmanson, Y. Jenkins, Jordan, Sellmeyer, Edmanson, Jenkins, etc. Mindful of the burden placed on taxpayers with the County Budget, tie am mot comfortable with the request to add employees to the office at the expense of the County increasing the Budget, it seems that volunteers could be recruited from within the ranks of the active and particularly the large associate membership of the DOIConmission to rellevethe burden of the Administrative aide, Peggy Jordan. It seems a volunteer on a daily basis trained to do genealogy and cemetery work would make a significant difference without additional personnel and payroll. Better use of the present staff time thraxgh shedding of wok hours and , better use of Volunteers' time while at the information desk and gift shop desk will save funds and alleviate the need to hiria more personnel. The Board of ' Trustees has shown a willingness to work saving many dollars and many staff hours. This is exported to continue, Small Museums need working Boards. 1A The Educator through the Education Committee and the Volunteer Coordinator (would with the increased hours and scheduling) work toward developing a person to hblp exclusively with the calling and recruiting of volunteers for the School Tours, Workshops, Trunk Shows, etc. This would reduce the work load for the Coordinator and make for more efficient training, etc. 1 I l INC OUN D. PACE TW NAY, 1484 mu" R>;V1E]+f------- DINR7N CWPil'1t 11ISTMChh MUSEL<l umvwim 1Memberships in organizations paid for by the Museum should: a). be in the name of the Museum.ex. Denton County 111storical Museum, Inc. b). Any affinity groups within these or other organizations nose dues are paid for by the Museum should read: ex. Director, Denton County Historical Museum, Inc.; Educator, DCHMuseum, Inc.; Archivist, DCHMuseum, Inc. c). if individual names are attached, other than the title as shorn, then the individual must pay those dues thrfnselves from their own salaries as is done with other places of emplrrrment. 2TAM $600. Ithis is for three people or more to attend Including Trustees) t1114A $400. (DDT, also) Brochures $400. Publicity $300. l to include signs for businesses around the meetiagsotplace in winnddows. The BUT wishes to became trained through attendance State of Texas. Meeting within the State of Texas are to be planned for without year AASLH is not endorsed. Fall conflicts traveling out of Texas to attend y with the heavy fall schedule, Atndase meetings. tha The 3Consigrments are items that are placed in the gift shop without being paid for until after their sale. Funds should therefore be available to pay these items without having been spent. The gift shop has been inventoried by the Budget and Finance Com lttee with a new machine placed there (donated by Moores) for record keeping. The merchandise is being upgraded with the idea that the gift shop will produce a profit. It is recommended that the Director seek a donor for the cost of purchasing the Courthouse postcards. 4Insurance item includes workers compensation insurance premium for work study students. 5Exhibits Committee is mar functioning. With this committee now making plans to aid the staff in long range plans, etc. we recommend the amount on this line item be split with $1000. designated for the Exhibits Committee to oversee/use he T11C tat $1000. rtwthe o for gone matching. (seebitelmag forcotherfpart ofrftunds for Grant Grant) 6Tbis $1000. designated for use as the other half of the necessary $2000. for the T11C Grant two for one money. 7The Contingency funds are to be set aside for emergency use. This is an important part of future planning in any budget process. This is the second year we have recommended this. BThe total operation expenses for the coning year are $1,230. less than last ! year. This amount was applied to the increase of hours for the Educator. The Budget total is $1,356.33 over last year's budget. This is a combination of the staff salaries andoperations budget. Salaries $ operations 616,855.1 f $5.02 Tota1 1989-90 Budget It is easy to see that the major portion of the Budget is spent on Staff. Staff Salaries have been the major increase In the Budget during the last several years. We stress the noed for the Director to sock Grant Money by applying to sources out- side of Texas or in Texas beyond those presently being applied for locally. WS tlonnot~.to app1Y for tlloss w in no way is to be oonstryod as a auyges to beer: so_ffi in the past, but to w11o have _ 1 5 ? 1 S cl 1 OENTON COUNTY HI5TORICAL MUSEUM, INC. FUNDING SOURCES-FY 1988-89 (Oct. 11 1988-June 30, 1989) (8-8-1989) I &RENTON COUNTY-571 CITY OF DENTON--2qj l• Maintenance 2• 1. Adminiatratlon Office Equipment i 2. Conservation a Management ' 3. Supplies of Collection Printing 6 Postage 3. Education Outreach i Work- 4. Professional Training shops 5• Space 6 Utilities 6. Staff (partial) i 4. Equipment,Exhibit Preparation Pringe eenefite 6: Special Events i Projects b . Tourlam i Heritage Promotion From to-Rind Contributions for BONA the above listed areas. GIFT SHOP i WORKSHOP FEES 1 GRAN -13% 1. Conservation i Management S of Collection 2. Equipment 3. Exhibit Preparation 4. Research (Grant Donors listed below) ~ VOLUNTEER-DCBNT PROCRAMj ~ i 'CURRP1ft' NY 611-89 GRANT DONOR81 f Over,100 docents have contributed O n 3777 hours of service to the Mua- Denton County nistovical commission eum and its programs in 1988 and ,Historical Society of Denton county 2156 (Jan-June) in 1989. Institute of Museum Setvices *International Business Machines (I14M) .Moore Business Forma Texas Historical Commission 4University College Norketudy i Intern- *TETRAPPAKi IMCa I I T-W .~...pq. y.. 1 4 . Ft 1 I~ GREATER DENTON ARTS COUNCIL 1989 - 1990 ANNUAL BUDGET INCOME 1. EARNED INCOME A. SALE3 1. CoAcessions/Drinks 8900 00 2. Art/Related Sales 3. Misc. Merchandise 100 ' 8. RENTAL I 1. Center for the Visual Arts 25j000 2. Miscellaneous C. ADMISSION/FEES 1. Feri'n:7ances/exhibiti.ons 21000 2. Claac"Norkshops 500 3. Service Fees 100 4. Materials: Hard 6 Soft 89 S00 5. Materials: Hard i Soft 90 7,000 6. CARA 2,000 7. Miscellaneous 0 D. FUNDRAISERS/MONEYMAKERS 4,800 1. Bus tours 2. Special events 3,000 3. Misc. 0 EARNED INCOME TOTAL 46.700 I I ' Greater Denton Arta Council 1989 - 1990 Annual Budget Approved: June 6, 1989 Page I of 7 1 I k i II. UNEARNED INCOME A. HOTEL/MOTEL TAX 481000 B. GOVT GRANTS/MONIES 1. TCA 2. Local 21,560 3. Other 9,750 0 C. ORGANIZATIONAL GRANTS 1. TAG 25,000 r 2. Other 20000 D. FOUNDATIONS 17,500 E. CORPORATE DONATIONS/ SPONSORSHIPS 4,000 F. INDIVIDUAL GIFTS i ~ 1,000 G. MEMBERSHIP 1. Individual 14,950 2. Organizational 3,,000 3. Business 4,000 H. INTEREST INCOME 11200 I. REFUNDS 0 i J. MISCELLANEOUS 0 UNEARNEQ INCOME TQ 151,960 TOTAL INCOME 1n8.660 I Greater Denton Arts Council 1989 - 1990 Annual Budget Approvedt Jane 6, 1989 Page 2 of 7 ~JJ { P f F F EXPENSES I. ADMINISTRATIVE A. PERSONNEL 1. Salary full time 2• Salary (part time 64,000 3. FICA 5,000 4. Insurance benefits 5,162 5. Worker's Comp 6,041 6. Mileage reimbursement 600 7• Exec. Directors expense lj200 6. Training/Career Development 600 B• CONTRACT LABOR 400 C. VOLUNTEERS 400 i 1. Docent Program 2. Board/Volunteers 400 D. CONFERENCE/TRAVEL 300 1,500 4TRATIVE Tarsr j I i i Greater Denton Art* Council 1989 - 1990 Annu4l Budget Page 3eof 7June 6, 1989 I 'R XMF ter. Fw.. w II. OPERATING A. OFFICE SUPPLIES 1,400 B. RETAIL 1. Beverages 700 2. Merchandise 0 C. TELEPHONE 2,600 D. COPIER SUPPLIES/SERVICE 800 E. POSTAGE 10000 F. BOOKS, SUBSCRIPTIONS 400 G. PROFESSIONAL MEMBERSHIPS 600 H. OFFICE EQUIPMENT MAINTENANCE 200 { 1. EQUIPMENT PURCHASE 300 I J. COMPUTER EXPENSE 300 1 L. INSURANCE 10,000 1 M. AUDIT 18500 N. CHECKING/BANK CHARGES 100 0. MISC. o OPERATING TOTAL 19.400 i • I ~ i Greater Denton Arta Council 1989 - 1990 .Annual Budget Approved# June 6, 1989 Page 4 of 7 n t 11 ~ 'u I ` F 1 III. FACILITIES A. VICTORIAN COTTAGE 1. Maintenance, 2. Furniture/Fixtures 11000 B. CENTER FOR THE VISUAL ARTS 500 1. Building Repair/Maintenance 2. Janitorial 1,000 3. Supplies 600 4. Machinery/e uipment 800 5. Furnishings Fixtures 300 6. Rental Security 500 I 70 Improvements 750 1] 8. U Deporl.t ndeveloped Space S00 Miscellaneous refund 200 7,300 C. CENTER FOR THE PERFORMING ARTS 100 D. GROUNDS AND PROPERTY 500 ~ i 1. Exterminator 2. Groundskeeping 800 3. Building Security 11100 4. -Instruments 650 5. Misc. 200 1°ACILITIBS mn . 0 I r 16~ t If 1 j . a k Greater Denton Arts Council 1989 - 1990 Annual Budget Approveds June 6, 1989 Page 5 of 7 i I a+ a. f 4 r w C Iv. PROGRAMS/SERVICES A. MEADOWS GALLERY 1. Exhibition Fees/Rentals 20400 2 Permanent Collection 200 3. Materials Hard i Soft 89 6,200 4. Materials Hard 6 Soft 90 30000 5. GDAC Organized shows 800 6. Exhibition Supplies/ Materials 300 B. INFORMATIONAL 1. Newsletter 10500 2. Special Brochures 500 3. Misc. 100 C. EDUCATIONAL f 1. Workshops/Classes 200 2. AIE Program 13,700 3. Texas Wildflowers 3,400 4. Other Educational Programs 200 i D. COMMUNITY PROGRAMMING 1. Performing Arts Events 2,000 2. Outreach programs 500 3. Festival of Carols 1,600 j 4. Misc. 100 E. ADVOCACY AND RECOGNITION j 21000 1. CARA j 2. Misc. F. GRANTS PROGRAM 301000 G. MEMBERSHIP 1. Membership drive 1,700 2. Membership mtge. 200 3. Misc. 200 H. FUNDRAISERS/MONEYMAKERS 1. Bus Tours 4,200 2. Special Events 1,000 3. Other Fundraising j pgo(38MS/SERVICES TOTAL, -M -M TOTAL EXPENSES -19R'423 Greater Denton Arts Council 1989 - 1990 Annual Budget Approvedt June 6, 1989 Page 6 of 7 i r..,a cw u+., s t BUDGET SUMMARY Earned Income Unearned Income 46,700 TOTAL INCOME 1510960 Adminfetrative 1980660 Oratin Facilities 85,623 Programs 19,900 16,800 1 TOTAL EXPENSE 76,100 NET 198,423 237 i [ I I a ' f r~ i Greater Denton Arts council 1989 - 1990 Annual Budget PProvedt June 6, 1989 Page 7 of 7 1 I 1 Y Y r: I I I I i 1 I I I i I I 1 1 G city of DENTON 1215 E. McKinney / Denton, Texas 76201 MEMORANDUM DAIS: September 14, 1989 'I0: Lloyd V. Harrell, City Manager FROM: John F. McUrane, Executive Director of Finance j SUBJECT: AUUUS'i' HUUGEi ltEPURC ~I As we begiis to enter the final stages of the fiscal year, the 1 budget report for the month of august is encouraging. Overall, revenues for tiie Ueneral Fund ave at $23,7UU,40U which is 95% of the budget. Phis compares to 94% collection for the same p last year. As you are aware, the sales tax revenue projection for this month was on target which, as has been indicated before, puts us at approximately $150,000 over the budgeted target. i i On the expenditure side, for the General Fund, a total of I $22,161,942 has been expended or encumbered through August 31, budget 86% of the was expendeduogeencumbered, same time of u the equals 198.yearii 87~ amount last We have submitted for the Council meeting of September 19th a copy of the adjustment ordinance which will identify those areas which may efsr b,id ovend those areas which are under budget utilized to of As a general note, f would also like to point out that the L-- uncil deficit problem Ihthatthwe aaadsipresented toe CoHealth Auust Insuran a numbers earlier. If you nave any questions regarding any of the above, please advise. ! ohn hcurane 1 JFMc6taf 4857E V i II 1 1 l E I Ziz= I N LJZI= II 1 l All I 1 I I