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HomeMy WebLinkAbout04-02-1991 w F ~ i AGENDA CITY OF DENTON CITY COUNCIL April 2, 1991 Work Session of the City of Denton City Council on Tuesday, April 2, 1991, at 5:15 p.m. In the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: r Note; Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Meeting. 5:15 p.m. I 1. Executive Session! A. Legal Matters Under Sec. 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. 1. Consider appointments to the Building Code } Board, Community Development Block Grant ` Committee, the Electrical CO.Ie Board, the Historic Landmark Commission, the Human Services Committee, the Blue Ribbon Committee for Storm Water Utility, the Downtown Advisory Board and the Sign Board of Appeals, 5:45 p.m. 1. Receive a report and hold a discussion regarding a contract for the collection of delinquent taxes. o 2. Receive a report and hold a discussion regarding the Employee Health Insurance Program and consider future strategies. 3. Receive results and hold a discussion regarding the 1991-92 Budget Priorities Questionnaire. Regular Meeting of the City of Denton City Council on Tuesday, April 2, 1911, 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: ~1I r' ~A NMI City of Denton City Council Agenda April 2, 1991 Page 2 7:00 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of the regular meeting of March 5, 1991. Citizen Reports 3. E A. Receive a citizen report from Mike Cochran concerning Texas Waste Management. E B. Receive a citizen report from Joyce Poole regarding the sale of the City's commercial solid i waste system. C. Receive a citizen report from Barbara Russell regarding the commercial solid waste issue. D. Receive a citizen report from Art Anderson of r Sentry Environmental regarding the Waste ! Management solid waste contract. E. Receive a citizen report from Slick Smith regarding the sign ordinance. 4. Public Hearings f A. Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Article 17 of Appendix B-Zoning of the Code of Ordinances relating to signs; amending the height and setback regulations for ground signs on i primary arterial streets; amending the licensing requirements; amending the provisions relating to wind device signs. providing for multiple occupancy signs, regulating wall signs over fifteen feet in height; providing for the removal of abandoned signs and structures, amending the regulations for stake signs. (The Pla.ininq and Zoning Commission recommends approval.) B. Hold a public hearing to consider the preliminary and final replats of the T.N.B.C. Addition: Lot 1 and additional unplatted land; into Lot lR, Block 1. The site is located at Hercules Dr., east of Stuart Road. (The Planning and Zoning Commission recommends approval.) 1 4 f 6 City of Denton City Council Agenda pp April 2, 1991 Page 3 5. 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 i ordinances (Agenda iter.s 6.A, 6.8, 6.C.). This listing is provided on the Consent Agenda to allow Council Members to discuss any item prior to approval of the ordinance. A. Bids and Purchase Orders: 1. Bid #1228 - Contract Concrete Work 2. Bid #1236 - Highway 380 Project Irrigation i 3. Bid #1235 - Fiber Optic Cable E 4. Bid #1230 - Boring Machine f i S. P.O. #12454 - Hersey Total Service 6. P.O. #12766 - Union Metal Corporation 6. Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for the purchase of materials, egis'.pment, supplies or services. (5.A.3. - Bid #12s'3. 5.A.4. - Bid #1230) B. consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.1. - Bid 01228. 5.A.2. - Bid #1236) C. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (S.A.5. - P.O. 012454, 5.A.6. - P.O. #12766) , 1 City of Denton City Council Agenda April 2, 1991 Page 4 D. Consider adoption of an ordinance authorizing the Mayor to execute documents necessary to close an asset purchase agreement between the City of Denton and Waste Management of Texas, Inc., for the sale, transfer and assignment of the City's commercial solid waste operations, subject to applicable provisions of Article IV of the Charter of the City of Denton, Texas. t E. Consider adoption of an ordinance authorizing the Mayor, subject to applicable provisions of Article IV of the Charter of the City of Denton, Texas, to execute a transfer station agreement between the City of Denton and Waste Management of Texas, Inc. requiring waste Management of Texas to acquire, construct and operate a transfer station for handling solid waste, said agreement being a condition of closing of the purchase agreement for the sale, transfer and assignment of the City's commercial solid waste operations. F. Consider adoption of an ordinance prohibiting the parking of vehicles on the north side of Shady Oaks Drive, from its intersection with Woodrow Lane to a point 100 feet west of the west right-of-way line of Woodrow Lane, for a distance of 100 feet. (The Citizens Traffic Safety Support Commission recommends approval.) 0. Consider adoption of an ordinance approving a compromise settlement agreement between the County of Denton and City of Denton. H. Consider adoption of an ordinance retaining the lawfirm of Bickerstaff, Heath b Smiley to represent the City of Denton in connection with th( proposed sale of the City's commercial solid waste operations to Texas Waste Management. 1. Consider adoption of an ordinance amending Section 15-1.1 of Chapter 15 of the Code of Ordinances relating to facility and program fees of the Department of Parks and Recreation; and establishing user fees for certain park and recreation facilities. (The Park and Recreation Board recommends approval.) J. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton, the City of Dallas and the Texas Parke and Wildlife Department relating to maintenance and supervision of recreational facilities at Lake Ray Roberts. 1 II _1 1 i it i Va.+ City of Denton City Council Agenda April 2, 1991 Page 5 7, Resolutions A. Consider approval of a resolution relating to the issuance of obligations by the North Texas Higher Education Authority, Inc.: approving of such obligations and the use of the proceeds of such obligations; and making certain findings in connection therewith. B. Consider approval of a resolution authorizing the City Manager to execute an agreement between the City of Denton and the Texas Historical Commission for services for the Urban Main Street 4 Program. C enactment approval of House a Bill resolution 825 which ti allows new and Oused mires sold within certain a fees and their jurisdictions. D. Consider approval of a resolution temporarily closing Congress Street between Alice Street and Denton DStreet on Friday, ay of the Cougar foryCal100 houn 1991 for the annual Day High } y School. E. Consider approval of a resolution approving a revised tariff and rate schedules for electrical services provided by Denton County Electric Cooperative, Inc. to its customers in the City of i Denton, Texas. g, Miscellaneous matters from the City Manager. 1 J 9. Official Action on Executive Session items: 1 ' A. Legal Matters { B. Real Estate 1 C. Personnel D. Board Appointments 10. New Business: i This item provides a section for Council Members to suggest items for future agendas. 1 I i a Olt of Denton City Council Agenda April 2, 1991 Page 6 11. Executive Session: A. Legal Matters Under Sec. 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. NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin two rd at the City Hall of the City of Denton, Texas, tin the day of _ 1991 at o'clock (a.m.) (P.m.) CITY SECRETARY I 336SC i D CITY of DENTON# TEXAS MUNICIPAL BUILDJNG / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: March 29, 1991 i r TO: Lloyd V. Harrell, City Manager i THRU: John F. McGrane, Executive Director Finance L! . FROM: Harlan L. Jefferson, Treasurer SUBJECT: DELINQUENT TAX COLLECTION SERV~II ES i The City of Denton is in its second consecutive contract with Heard, Goggan, Blair & Williams. The contract will expire on Jone 30, 19911 however, the City Council has the option to renew a and extend the contract for an additional two years under the same terms and conditions. To prepare for the collection of 4` delinquent 1991 ad valorem taxes, we need to know whether or not the City Council would like to renew the contract or go out for bid for tax collection services, To assist in this decision making process, I have attached*the contract and a performance report of Heard, Goggan, Blair & Williams activities for the past five years. The report illustrates that we received a drastic and prolonged increase in E the quantity and quality of service since contracting with them. i If you have any questions, please do not hesitate to contact me. HLJ:af Attachment 5724F Performance Report is being provided under separate cover. i f 81715668200 D/FW METRO 4314529 4 YR:.yyI I, I? p I~ F' CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES THE STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT is made and entered Into by and between the CITY OF DENTON, acting herein by and through its governing body, hereinafter called First Party, and HEARD, GOGGAN, BLAIR & WILLW IS, Attorneys at law, hereinafter G called Second Party. I . First Party agrees to employ and does hereby employ Second Parry to enforce by suit or otherwise the collection of all delinquent taxes, penalty and Interest, on behalf of the CITY OF DENTON within the CITY OF DENTON, owing to the CITY OF DENTON provided current year taxes falling delinquent within the period of this contract shall become subject to its terms on the first day of July of the year In which the same shall become delinquent except that suits and bankruptcy cases resolved before the first day of July must include current year delinquent taxes, which are also subject to the terms of this contract. U. Second Parry is to call to the attention of the collector or other officials any errors, double assessments, or other discrepancies corning under their observation during the progress of the work, and is to intervene on behalf of First Party In all , sous for taxes hereafter fried by any taxing unit on property located within its geographical limits. ' I III. First Party agrees to furnish delinquent tax statements to Second Party on all property within the taxing jurisdiction. Second Party will furnish fortes for said statements on request and wilt assume responsibility for having penalty and Interest computed on statements before such statements are mailed to property owners. IV, Second Parry agrees to file suit on and reduce to judgment and sale any property located with the CITY OF DENTON against which a tax lien would prevail provided, First Parry will furnish the necessary data and information as to the --W T / I k f 1 . . r nerve, identity, and location of the necessary parties, and legal description of the by Tex. Frop. y Tax Code Sm 3348 (Vernon f19~79). costs as court ` costseas providedsold. i 7 V. Second Parry agrees to make progress reports to First Party on request, and to advise First Party of all cases where investigation reveals taxpeyers to be j financially unable to pay their delinquent taxes. V1. First Party agrees to fay to Second Patty as compensation for services required hereunder fifteen (15) percent of the amount collected of all delinquent taxes, penalty and interest of the years covered by this contract, actually collected and paid to the collector of taxes during the term of this contract as and when collected. All compensation above provided for shall become the property of the Second Party at the time payment of taxes, penalty and interest is made to the collector. The collector shall pay over said funds monthly by check. VII. Second Party shall undertake the collection of delinquent accounts for paving assessment lens, substandard housing demolition liens and weed liens. 'rite collection of these accounts shall be undertaken on the basis of attorney's fees assessed to and collected from the debttm• First Pany agrees to pay to Second Party as compensation all amounts received as attorney's fees on delinquent accounts for paving assessment liens, substandard housing demolition liens, and weed I liens. VIII. This contract is drawn to cover a period of two (2) years beotieigblle 1, 1989, and ending June 30, 1991. First Duty shall have the optbn exe any time that this contract is in force to renew sad extend this coaw on It identical terms for one additional two (2)Pysetatr~ increment eommenciag my this aaftereterminaation to reduccee to ~gment W ss Weedaprtimto~theshcdatta last u mentioned, and grovlded further that Second Party sha11 handle to conclusion all suits in which court ludpwau am obtained dur;ot the period of this contract and which are appealed by any party. In cons; ratios of the terms and compensation herein stated, Second Party hereby accepts, Bald employment and unrrertakes the performance of this contract as above wtten. First Party sball have the riot to sooner terminate this contract for causal giving thirty (30) da written notice of such intention, with a statement of the cause or reasons fdrr such laining termination, after SMag Second Party a reasonable opportunity asp date ofiatd ~ermiztado to fwg a deretaine alll con due~up too4t Simi ieccte 1 1 p• E IX. Second Party agrees to assist First Party with the installation and Implementation of a computerized tax collection system ("System"). Such assistance shall include but not be limited to the following: 1. Reimbursement of First Party's fees for the purchase costs, programming costs and expenses for the Installation and customization of the system for a sum not to exceed $6,000. First Party shall invoice Second Party for the monies due the City pursuant to this section. Second Party shall reimburse the City within thirty (30) days. ! 2. Payment to First Party of the sum of $2,000 for the purchase of additional hardware for First Party's Finance Department. 3. Upon request, Second Party's Data Processing Manager and programming staff will provide consulting expertise and project oversight for Installation of the system. X. This contract is executed on behalf of First Party by the presiding officer of Its governing body who is authorized to execute this Instrument by order heretofore passed and duty recorded in its minutes. y. (WITNESS the signatures of all parties hereto In triplicate originals this, tht&-a+►y of , AD 1989, DENTON COUNTY, TEXAS. CITY OF DENTON HEARD, GOGGAN, BLAIR 6 WILLIAMS BY: y~J 8Y: RAY ST H 5, MAYOR STEVE BLAIR ATTEST: 1E FER WfUERS,- CITY SECRETARY APPROVED AS TO LEGAL FORM: 't DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY , BY' WF :w 1 ~ lw M 1 F IMM: I CITY COUNCIL' C ITT. MIT. FFF ~0~ 0 1 D t O~ ~ J O A, ► 0 ` s ZX: r r ° " t t OOd~ CCGGfl~A JJ J ~oZ MEMORANDUM TO: Betty McKean, Executive Director ' Municipal Services and Economic Development FROM: Thomas W. Klinck, Director Personnel/Employee Relations DATE: March 28, 1991 SUBJECT: A COMPREHENSIVE REPORT ON EMPLOYEE HEALTH INSURANCE PROGRAM f r"• This memo is to provide you with a comprehensive report on Employee Health Insurance Program. This report will include a performance update on the former health insurance (self-insured) plan that ended November 30, 1989, with claims "run-off" that terminated on November 30, 1990. It will also include an overview of the status of the current plan with Sanus/New York Life, and suggestions for future strategies for improving employees and , dependents' access to proper medical care at a cost that the City and employees can afford. EMER HEALTH IN%AIMns PRQ "au The former employee health insurance plan terminated on November 3O, 1989, following the transition of our employee health insurance program from a self-insured plan to a fully-insured plan with Sanus/New York LIN Upon the transition to Sanus, a twelve-month "run-off" period was established to ensure that all medical claims for services provided under the former plan were paid and thus, brought the former program to a smooth closure. Following a study on our claims trend, conducted by Coopers and Lybrand, it was determined that the payment of all claims Incurred but not paid would be completed within twelve (12) months (December 1, 1989 through November 30, 1990), and that $605,000 would be needed to pay those claims. With the approval of the City Council the "run-off" began on December 1, 1989. Our "run-off" ended on December 31, 1990. Throughout the "run-off" period, we monitored the former Employee Health Insurance account closely: provided you with monthly updates on the performance of the account; and used Coopers and Lybrand's projections as a benchmark in tracking the overall performance ~ of the fund. The overall performance of the fund, within the twelve months period, was within Coopers and Lybrand's projection. The total claims figure for the "run-off" period, from December 1989 through December 1990 is 3654,213. This includes $14,433 paid in December for claims that were approved prior to the end of the "run-off". As you are aware, the "run- off" claims for the former health was administered from the Employee Insurance Fund, which also consists of the employee Life Insurance and Long- Term Disability, The fund had a balance of $1080129 at February 26, 1991. The City has also filed a lawsuit against Washington National Insurance Company to recover $193,156 for an aggregate stop loss insurance claim from 1988 denied by Washington National. Farling the outcome of this legal action, some or all of these funds may be returned to this account. r will, S e 4 r March 28, 1991 Employee Insurance Poport Page 2 CURRENT HEALTH INSU tiC ~QGRiu ' SAN!S/Nfll YO "F yea DLecember Welhave9justrcompletedeournfigrstfquartercinto the secondayear. York During the first year, our efforts were concentrated in three key areas: { 1. Increase of employees and dependents understanding of how the new insurance program with Sanus works, including benefits E a communication. 2. Reducing our claims by increasing employees awareness of the Importance of being more informed about HMO benefits and the role i of the Primary Care Physician as the point of access to the health insurance program 3. sIncrease pecialtieseavnumber ailableftorourremployeesyand itheirndependentselocally We have made some progress in increasing employees' understanding of the current health insurance program with Sanus. Since we placed our Employees Health Insurance with Sanus, we have distributed more than twelve health insurance informational updates to employees, and have conducted several insurance meetings with employees at their various work units. Progress has also been made in increasing participation in the HMO part of the Sanus program. With the most recent open enrollment effective December 1, 1991, there are now 10% more employees who have chosen the HMO Only coverage option (the more cost effective part). We are currently penetrating the HMO part (the more cost effective part) of the Sanus program with 68.1% of all claims paid, Our claims loss ratio experience has continued to improve also. Our group's cumulative loss ratio (a measure of how our premium dollars compare with our claims cost and administration expenses) has improved from -40% (within the first 6 months) when we initiated the Sanus program to currently -11% (See chart below). This means that, currently, for every 3100 received in premiums, Sanus/New York Life paid 1117. The loss ratio includes Sanus' claims administration fees and monies set aside by Sanus for incurred but not reported (IONR) claims. As shown in the table below, significant progress has been made in improving our group's loss ratio and in maintaining a high percent of employee utilization of HMO benefits compared with the New York Life benefits, "1 +4n V(p sy~ T~ L I; A I / March 28, 1991 Employee Insurance Report Page 3 Cumulative Claims Experience Since Program Inception DEC. 1989 DEC. 1989 TO TO i SANDS/NEW YORK LIFE ----MAY 1990 ------JAN. 1991 1 ALL HMO CLAIMS S 312,821 $ 8520021 NEW YORK LIfF CLAIMS 143,607 398,637 _ i TOTAL CLAIMS 456,328 51,2500658 I HMO USE 68.61 68.1% NEW YORK LIFE USE 31.5% 31.9% LOSS RATIO -40% -17% As I indicated to you In m yo i y previous updates, two major problems that have I continued to beset the Sanus program are lack of local Primary Care Physicians and specialists in the Sanus program, and the strong possibility { of a large rato increase of over 23% for the 1992 plan year. On the problem of lack of participation by local physicians, Sanus understands that this is an issue that we have continued to receive the most complaints about from employees and their dependents. Movement of physicians in-and-out of the program has created a significant credibility problem for Sanus and has resulted in lack of employee confidence in current health insurance program with Sanus. I must underscore that Sanus has continued to contact local physicians, but the problem is that the Denton provider market is a unique one, and will require a unique marketing strategy to penetrate. The current Sanus approach, clearly, has not been effective in this market. Sanus has continued to update me on their physician-recruitment efforts within our area. In discussing the tack of local providers issue with Days Palatiere (Coopers and Lybrand), Dave indicated that based upon his recent discussions with local providers, there appears to be a significant level of interest on their part to contract directly with the City at favorable discounts. With about 66% of our plan dollar being spent on cost related to hospital and surgical services, the changing local provider climate in favor of direct contractual arrangements with local employers is one we anticipate as an option to pursue. Perhaps, this will be a decisive factor in developing a handle on the lack of local providers. On the issue of the proposed rate increase, Sanus agreed to :,,p our 1991/92 plan rate at 23%. However, since this current year began, Sanus has 1 9 4 March 28, 1991 Employee Insurance Report Page 4 written to inform me that we could see a renewal rate increase of more than 23% unless we reduce employees' benefits. An increase, such as Sanus 1s proposing, would result In a significant cost increase for our health insurance program. The following table provides a breakdown of projected City and employee dependent costs assuming a 23% rate increase. 1991/92 SANDS/NEW YORK LIFE INSURANCE RATES PREMIUM PER MONTHS c , COVERAGE HMO ONLY SANUS PLUS 3 CITY'S EMPLOYEES' CITY'S EMPLOYEES' i Employee Only $ 142.19 $ 00 ; 196.01 3 27.60 Employee 6 Spouse 142.19 143.95 196.01 241.74 Employee a Children 142.19 71.76 196.01 110.93 Employee 8 Family 142.19 220.99 196.01 383.21 + Net Premium assumes a 23% rate increase and takes into consideration the 420 per month Insurance Supplement J Estimates of the impact to the City's upcoming budget, assuming a 23% rate increase in both HMO Only and the Sanus Plus Programs, are an additional $265,685 for all funds; $165,662 cost for the General Fund alone. FUTURE STRATEGIES I Clearly, in spite of the progress made, there are some persisting problems with the current Sanus program that we will have to position the City to address before our next plan year. As you are aware, the decision to transition our health insurance program from self-insurahce to a fully insured plan was made as a short term solution to our overall health insurance needs. As our present plan with Sanus is only a part of our overall short term strategy, a comprehensive evaluation of our program Is recommended, especially in light of the possibility of a large rate increase for 1991/92 from Sanus, and the expression of interest by local hospital providers in contracting direatiy with the City. Dave Palatiere (Coopers and Lybrand) indicated that should negotiations with local hospitals prove workable, a fully-insured option could be developed. Before we do this, we recommend that we contract with Coopers and Lybrand to conduct a comprehensive evaluation of our current program with Sanus, and assist us in identifying other viable options. Dave Palatiere's (Coopers and Lybrand) familiarity with our local medical provider issues, and his 1 j w (t ~ M 1 March 28, 1991 Employee Insurance Report Page 5 success in assisting UNT and TwU to negotiate favorable rates with local providers will increase our leverage in negotiating with local providers. The contract will authorize Coopers and Lybrand to: a c 1. Meet with local medical providers (Independent Physicians Association of Denton County and local hospitals) to negotiate arrangements for direct contracting with the City at favorable rates 2. Negotiate with appropriate medical facilities within the metroplex for tertiary services, such as by-pass heart surgery and other specialized medical services not available within our local provider market. i 3. Develop and analyze three plan alternatives and conduct actuarial projections and ratings of the three plans based upon negotiated arrangements with providers. 4. Develop final draft contracts with the appropriate hospital, physicians and/or physician groups and tertiary care facilities and submit to the City for approval. 1 4 6. Undertake negotiations with Sanus, if indicated, for December 11 1991 plan year renewal. I have negotiated the cost for this contract at 3350800. Our recommendations as to how to fund the proposed contract with Coopers and Lybrand 19 that we charge the cost to departments' operating budget for health insurance. Currently, we have $161,899 in estimated savings in departmental operating funds for health insurance, resulting from the difference iastween budgeted and actual (through February 1991) and (estimates through December 1991). The breakdown by funds is as follows: j Oeneral Fund 19,332 Other Funds 16,488 TOTAL i 35,800 If you have any questions or need further clarifications, please let me know. Thank you. r Thomas W, Klinck Bmemtila.prn 03/28/91 f CITY of DEWON, rEXAS MUNICIPAL BUILDING / 21S E. MaKINNEY / DENTON, TEXAS 76201 MEMORANDUM i DAM March 8, 1991 M. Lloyd V. 1larrel1, CityMansger THROUGH: Jahn P McGrane, Executive Detector of Finance FROM: Mark L. McDenlel, Budget Analyst I SUNECT. RESULTS - k ' 1991-92 WY COt1NC& BUDdBF P)WAMFiS OWTIOM" 4 Pkase find attached survey results of the 1991-192 Oty Council Budget Pnorltics Questionnaire. 7heae results are achedukd for deacusaioa with the Council at the April 2, 1991 Council *wbessioe. 1f you have any questions regarding these results , phase advise. 'i t 8171566.8200 D/FW METRO 434.2529` RESULTS 03129191 CITY COUNCIL BUDGET PRIORITIM QUES770NNADW 1991-92 BUDGET RATVVG VALUE NO OPINION 0 F.LLMNATE CURRENT EFFORT I SURSTA71ALL Y REDUCE CURRENT EFFORT 2 AEDUCECURRENTEFFORF 3 CONTINUE CURRENT EFFORT 4 INCREASE CURRENT EFFORT S SUBSTANTIALLY ONCREASE CURRENT EFFORT 6 INITIATE NEW EFFORT 7 gg1°rr y.{r. K,pkT ~ Mt xa,;a tr,~ P 1 i t MUNICIPAL COURT 37 5.29 s STREET CONSTRUCTIONIRESUILDINO 35 S.00 s STREET MAINTBNANCE/REPAIR 35 5.00 4 INTERNAL AUDIT SERVICES 33 4.71 s DRUG ABUSEIENF7ORCEMENT PROGRAMS 33 4.71 4 COMMUNITY ORIENTED POLICING (COPS) 33 4.71 STREET SWEfiPINO 33 4.71 TRAFFIC SIGNALMATIONIENGINEEMNO 33 4.71 r DEMOLITION OF SUBSTANDARD BLDG 32 4.57 io PARKMAINTENANCE 32 4.57 i i CRIME hVVEWR7ATRON 32 4.0', u SIGN VIOLATION ENPORCEMENT 31 4.43 is POLICE PATROL 31 14 RECYCLING EFFORTS 31 4.43 is NER➢MBORMOOD SERVICES (NICE, ETC.) 31 4.43 u CIVIC CENTER MAINTENANCE 31 4.43 17 MGM WEEDSOEBRIS WOL4TRONENFORCEMENT 31 4.43 is RECREATION CENTER PROGRAMs 31 4.43 is YOUTH RECREATIONPRl.\9RAMS 31 4.43 id CITY BEAUTIFICATION 31 4.43 21 LOW & MODERATE INCOME MOUSINO 31 4.43 n EMPLOYEEPAYPLAN AXVSTMENTS/BENEFTIS 30 4.29 n Lrn*ER PROGRAMS 30 4.29 m DRAW 05 DISTRICT 30 4.29 2J CURRENTXOTELIMOTEL TAX CONTRIBUTIONS 30 4.29 m 11BRARY PROGRAMS (W GENERAL) 30 4.29 rr NEW ATMLETIC FIELDS 30 4.29 m LEGAL SERVICES 30 4.29 ig STORM DRAWAGG IMPROVEMENTS 30 4.29 so FIRE PREVENTION 30 4.19 r S ~ WWI i 1 si EMF.ROENCY MEDICAL (AMBULANCE) 29 4.14 ss LIBRARY YOUTH/CHILDREN'SPROGRAMS 29 4.14 ss WATER STORAOF/RESERVES 29 4.14 sr LIBRARYEXPANSION 29 4.14 ss EMPLOYEE TRAIMOIDEVELOPMENT 11.9 4.14 x ENVIRONMENTAL HEALTH (INSPECTIONS, E(T) 29 4.14 n LONG RANGE COMPREHENSIVE PLANNING 29 4.14 ss DOS KNTOWN REDEVELOPMENT (MAIN ST., ETC.) 29 4.14 " PUBLIC TRANSPORTATION (SPAN, ETC.) 29 4.14 a PARKLVOITRAFFIC ENFORCEMENT 29 4.14 u FIRE SUPPRESSION 29 4.14 u NEW WASTEWATER TREATMENT PLANT 29 4.14 u AIRPORT MVELOPMENT 28 4.00 w RISK MANAGEMENT 28 4.00 u SENIOR CITIZEN PROORA 9 28 40: N BL9LDhW INSPECTION 28 4.00 47 AFF"ATIVBACTION 28 4.Q10 u BMER(IENCYPREPAREDNESS (MANAOEMEIM 24 4.00 ' a WFOMATAPROCESSINOS :RVICES 20 4.00 so GREENBELT SYSTEM PLANNINGIDEVLOPMENT 27 3.86 si CONTRIBUTIONS TO HUMAN SERVICE AGENCIES 27 3.86 ss LIBRARYREFERENCE SERVICES 27 3.86 ss ECON DEV INCENTIVES (TAX ABATE, ECT.) 27 3.86 st DEVELOPMENT REVIEW PROCESS 27 3.86 ss ANIMAL CONTROL 27 186 sd PERSONNEL RECRUITMENT 26 3.711 57 LIBRARX AUDIOVISUAL MAWCES ; ' 'ji ss ECONDBV U77LI7 Y 1NCENTIYB RATES 26 3.11 >r AVKDSV tlrLU `YINCSN47YELINES 26 a NEW PAU"ARK EXPANSION 26, st OPBRATIONS ANALYSIS (QUEST) SERVICES 20 3.33 u NEW ATHLETIC PROORAMS 23 3.29 i .4. .IA FI[Ay~ OWN fi~1 • A.1~ na a, C. A^p. Ar } 7 'kJ as r. vs'ty' i .*!.7 f h">L d,a,'~,,5!:"z a'3"`Yk 4~Er.'~$`.::' Below arc specific actions or dimcdon given to staff' by individual Coucilmembers for development of the 1991-W annual bud et. "Make cerh a that we nummize training and professional development programs for all siaff and especially for police.' 'Review carefully all economic development activities of the city and rant their relative value to the taxpayers. " 'Cootinue all activities that support the Beaudficatioo Program of 4 the city, including code enforcement and sign regulation. • 4r.A 'Expand as appropriate the Community Oriented Policing Program.' 'Prepare a budget similar to 1991-91 without a tax increase.' 'In addition to above, prepare a budget with suggestions for a small tax increase, but below effective rote. • 'My intitial thought in contemplating this year's budget issues Is that it wi11 be 4hi er and tougher than the previous years. • 11 think the councJ is going to be pressured mane in '91 than in tbe r peat several years to hold down the tax rage. I could be mistaken, but I am afraid that this aW be the climate with more citizens getting into the act and possibly eve a presdV to cut the rate. • lust be forcwaraall It's going to be worse because we can see ao ligbt ahead.' 'Reduce cost ofivacraigovenuWt through rem inization of city stab: • { 'Reduce cost ofpu lrecrcadon servkvi by placing spvifrc programs on a self-sushintng basis (PRIME EXAMPLE. North L. ies Bennis program). ' kl~ •Fjwourage development of airport through proactive m...aaures (use the 1 airport boord as smbu%s&rs to advertise).' 'hwiesse etlrorts in beautification by concentrating on elimination of substandard facilides/buil 4s. I 'Reduce cost of police operations by reevaluating current 'take home' policy of city police cars.' 'Fund internal audit function out of current revenues.. i r~ 1 i y/ J ~w owl 1 DATES 01/02/91 CITY COUNCIL REPORT FORMAT ~I i j TO: Mayor and Members of the City Council { FROM: Lloyd V. Harrell, City Manager i SUBJECT: SIGN ORDINANCE AMENDMENT x RECO!'.MENDATION: Planning and Zoning Commission unanimously recommends the attached ordinance. (Attachment 3) SUMMARY: See Attachment 1. Attachment 2 is the amendments word processed into the current ordinance. BACKGROUND: October 15, 1985 New sign ordinance adopted. October, 1987 Beautification Task Force proposes new sign j ordinance. February 7, 1989 New sign ordinance adopted. October 31 1989 Council requests review of setback standards, comprehensive review of 1989 ordinance begins. November 7, 1989 Sign setback standards amended. November 22, 1989 Planning and Zoning discusses sign ordinance amendment process I November 27, 1989 Beautification Task Force discusses sign ordinance amendment. ' November 28, 1989 Invitations to public hearing made to all f sign owners. E f ~ { i I h _a 4 ~ f~Y M.WIY Mayor and Members of the City Council Page 2 April 2, 1991 BACKGROUND: (Continued) December 13, 1989 Planning and zoning holds public hearing. January lo, 1990 Planning and Zoning holds sign ordinance e ti -kahop and discusses major issues. February 6, 1990 Council discusses process and major issues in work session. February 280 1990 Planning and Zoning adopt work program. March 17, 1990 Planning and Zoning recommends amendments to enable SDHPT certification. I April 1990 Sign Task Force with representatives from sign owners and Governmental Affairs begin to meet. April 3, 1990 Council amends for SDHPT certification. May, 1990 Staff discussions with Beautification Task Force )nd Governmental Affairs committee 'City Views' article published. May - September, 1990 Staff works individually and collectively with Sign Task Force and Beautification Task Force. August 2, 1990 Sign Task Force and Beautification Task Force meet, August 70 1990 Off-premise sign fee ordinance adopted. October li, 1990 Amendments fur measuring sign height and appeals board formation briefed to Governmental Affairs. October 24, 1990 Planning and Zoning recommends height measure and appeals board amendments. ! November 20, 1990 Council passes height measurement and board I sign amendments. i i 1 I a r Mayor and Members of the city council l April 2, 1991 Page 3 November 1990 - February 1991 Subcommittee of Beautification Task Force and Sign Task Force meet eight times for up to five hours per meeting. February 13, 1941 planning and zoning public hearing on concepts. March 5, 1991 Work Session with City council on concepts. f March 6, 1941 Public hearing/work session with P62. P67 i directs staff to prepare an ordinance for their consideration. jj I PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: All Who See Denton. SCALIMPAC4: FI _ New work item costs such as special sign districts are defrayed by fees. Re tfully su tteds Llo d Harrell Prepared by: City manager i Approved: Prank H. obbins, 4AICP Executive Director Planning and Development 3087k k Attachmentat j 1. Summary of moat significant amendments. 2. Current ordinance with all amendments noted. 3. Amending ordinance. 3087k D-r R 1 y t ATTACHMENT 1 MOST SIGNIFICANT PROPOSED AMENDMENTS SIZE AND HEIGHT ON ARTERIAL STREETS: Current standard s: - t. tall, 60 sq. ft. Proposed: Primary arterials: ZU ft. and 6U sq. ft, with a 20 ft. setback or 15 ft, and 60 sq. ft. with a 15 ft, setback. Central Business (CB) District: 6 ft. tall, 6U sq. ft. SIGNS WITH MULTIPLE FACES: Current start ar s- Measure around all signs, Including the air space. Proposed: With 3 ft. separation between faces, add the sign faces together for effective area. "Air space" not included.] MULTIPLE OCCUPANT SIGN: Current standard s: There is no standard. ` Proposed: Sliding scale on primary arterials. Size may be increased by S sq. ft. for each foot of street frontage up to a maximum of 150 square feet. ROOF SIGNS: urrent standard is: 6U sq. ft. maximum size. Proposed: 6U sq. ft. for one story plus 15 sq. ft. per story up to 250 sq. ft. maximum, INFLATABLE DEVICES (BALLOONS): , urrent stan ar s: of allowed. Proposed: No taller than 30 ft. on the ground or 10 ft, above the building. Permit lengths and number of permits to be same as for wind devices: 3 permits per year for a maximum of 30 days per premise. FLAGS: Current standard is: U.S., State and Corporate flags allowed. Proposed: Allow official business flags with State and U.S. flags. Not just for registered corporations. LICENSE: r-rent standard is: License valid for one year. Proposed: Extend license period to 2 years. GROUND SIGN MATERIAL: Current standard s: Face or message portion not more than 8U1 plastic. Proposed: Eliminate material standards for ground signs. i WALL SIGNS: uurrent standard is: No permit required. Proposed: Permit wall signs taller than 15 feet. i M ~I ~ { Mme. ■WI MOST SIGNIFICANT PROPOSED AMENDMENTS PAGE TWO RESIDENTIAL SEPARATION: Current standard s: 100, 2UU, or 500 foot separation depending on the type of illumination. i Proposed: If sign can't be seen from residential area, no separation from the residential area. Require orientation of illumination to be away from residential area, or be screened. 1 j SPECIAL SIGN DISTRICTS: Current s: of enabled, Pruposed: Enable special sign districts. ABANDONED SUPPORTING STRUCTURES: Current standard s: No standard. Proposed: Require removal of abandoned supporting structures by June 1, 1992, or if the sign is abandoned after June 1, 1991, witntn six months of its abandonment, i I I i i I II J 1 A f t'v sap., I ATTACHMENT 2 PREPARED 3/15/91. DRAFT ORDINANCE FOR Piz ON 3/20/91 ARTICLE 17. SIGN REGULATIONS A. GENERAL PROVISIONS 1. purpose an~+ in ent It is the regulate the construction, erection purpose of this article to and removal of private signs Within thelCity of Denton, Texas.uae clIt is the intent of this article to regulate signs generally by assifying each sign according to its design and construction and based slze,e~eight Band ■e back ofsuch classification, the type# according to their location in the various zoning districts. It is also the intent and determination of the city council that these regulations be and are the minimum necessary and least burdensome to accomplish the purposes heretofore stated, j 2. D LLnitiens. The following words, as used in this article, ■hall have the meanings respectively ascribed to them, as follower Abandoned elan means a signs (a) which, for at least six (6) continuous months, does not identify or advertise a bona fide business, lessor, service, owner, product, or activityt (b) for which no legal owner can be found# or (c) which pertains to a time, event, or purpose which no longer applies, "Yl"itiriQ means to convey information to, seek the attrac- tion of, or to direct the attention of, the public to any merchandise'Vent, person, activity, goods, serviced, or Jim means any sign.- elh~r attar hb ti JAjLjdLAj_jja not 11m4f-&A &I- or-" or supported -6y any par o a u nq` sm as awnings or marquee, a walls cool, window, canopy, Wall, roof, and projecting signs shall be considered attached signs, C51kIW means an imaginary line drawn along and parallel to side°of'a pubic lpr treaty or, if there is a no curb and gutter on either along and parallel to the outermost portion of the gutter, streeti or, if there is no paved street, along and parallelvto the outermost edge of the traveled portion of the street. i alto the State ~-P&rtaro*t-e* ;Rghwaya and Publi Qilaoidated or Deteriorated Sian means a signs (a) Where any portion of the finished material, surface, or message portion of the sign is visibly faded, flaked, broken off, missing, cracked, splintered, defective, or c---: is otherwise visibly deteriorated or in a state of disrepair so as not to substantially appear as it was intended or designed to appear when originally construct- * d; (b) Whose elements or the structural support or frame members are visibly bent, broken, dented, or torn, twisted, leaning, or at angles other than those at which it was originally erected (such as may result from being blown or by the failure of a structural support). Effective _aree means the area enclosed by the smallest imaginary parallelogram which would fully contain all portions of the sign when rotated horizontally around the sign. The effective area shall not include that portion of the support- ing structure which is used solely for support of the sign and which is not an integral part of the sign, such as poles, columns, and cables, but shall, include all decorative or ornamental elements and featuris, borders, trims, or other materials or portion of the sign or supporting structure which j is an integral part of the sign. (Bee Appendix illustration No. 14e and 14f). Ground Sian means a sign, of as sicn, whose principal support is provided by ury ng, anchoring or otherwise connecting the sign, or supporting structure thereof, to the ground in such a manner as not to be easily or quickly removed or relocated, and which is not a stakn sign, portable sign or attached sign. Off-Premise Sian means any sign advertising a business, activity, goods products or services not usually located on the promises where the sign is located or which directs persons to any premise other than where the sign is located. On-Promise Siam means any sign advertising the business, person, activity, goods, products or services primarily located, sold or offered for sale on the premises whore the sign is located. A sign which promotes or displays s politi. cal, religiop?s or ideological thought, belief, opinion or other noncommercial message shall be considered an on-promise sign. 1 SIGNS/Page T r 1 1 u . I \ Portable sign means a sign whose principal supporting struc- ture is intended, by design, use, or construction, to be used by resting upon the ground for support and which may be easily moved or relocated for reuse. Portable signs shall include, but not be limited to, signs mounted upon or designed to be mounted upon a trailer, bench, wheeled carrier or other non-motorized mobile structure with or without wheels, and A-frame and other similar signs, resting or leaning on the r ground or other structures, but not permanently attached thereto. Premise means: (a) for any developed property, the area of real property which encompasses all the buildings, structures, appurtenances, and land held under common ownership and devoted to a common use, such as a shopping center; or (b) for undeveloped property, the area of real property i designated as a lot on a plat approved in accordance with law and filed with the County Clerk's Office, or an unplatted tract of land as conveyed by deed or operation of law and recorded in the dead records of Denton County, Texas. Prolect sign moans any sign ►iaQ e•1 • ,ion which in w in wholly affixed to or supports by an building wall and which extends beyond the building wall more than twelve (12) inches, Roof Sion means any sign wholly erected on, affixed o, enY supported by, ee~e~~N-up" any roo! of any building. Ain means ate- fine}WM anyy surface, 4abrler material, or device visible from anyrpubli0 street 40 used for Warti -1. ANOW gs I& was I mew design&, e or , wor charactNMI pMoturel, M e N 31 - oinformations One s qn or a sign means any number loca ted on or supported by a single or common supporting structure, stakg Sian means a sign whose prinsipa& eu;porting structure is so designed o: shaped, usually by making one end pointed, so as to be erected and used by pushinq, pounding, hammering or forcing it into the ground or %A h&IA A~-A- so as to allow quick and easy placemen , remove or re oea on, Waff M 'I t 1"aar Shan-2 r & mine sicts. SICN9/Page 3 f' 1 { . L 1 r Suonortina structure means any pole, post, cable, foundation, or other supporting structural materials or fixtures arranged, designed, or used to hold, secure or support a sign, or part thereof, and which is not imprinted or labeled with any pictures, symbols, letters, numbers, or words in excess of one inch in height, nor is internally or decoratively illuminated. Wall Sian means any sign wholly affixed to, supported by, or painted upon the wall of any building, and which is not a projecting sign. c, Wind Device Sian means arty flag, banner, pennant, streamers inflatablo loon or similar + eevice made of clothe canvas, plastic, or other simila llexW a material, with or without a frame or other supporting structure, good al a sign. L~hal-eeves- or is e-ellned to qFM OVA-34 1. Signs Not Regulated The following types of signs shall be exempt from the provisions of this articles (a) Governmental Signs. Any sign. 1 Sil, erected or maintained pursuant to and in discharge of any governmental function] se-whieh-#e rr required by law, ordinance or governmental regula- tionLU T (b) Railway signs. Any sign within or on railway property and placed or maintained in reference to the operation of such railway. (c) Utility 91coil• Signs marking utility or undarground communication or transmission lines. (d) vehicle sianil. Signs displayed or used upon vehicles, trailers or aircraft, unless such vehicle, trailer or aircraft on which such sign is displayed is permanently stationed or regularly used at a fixed location to serve the same or similar purpose of a permanent or portable sign not affixed to a vehicle, trailer or aircraft, (e) signs Not Visible From street. Any sign where no part of such sign is visible from cny public street. (f) Holiday Ar=fiftkk*JMio Sigma Temporary hNidayy-eta-re}l- glew signs gentsin so . only helidar r11Wcte& and go wl%heub commercial a vez a ng. SIGNS/Page 4 i t a t , I (g) Sians on Persons. Nand held signs, or signs, symbols or displays on persons or animals. (h) Unused Sians, Signs being manufactured, transported or stored and not being used, in any manner or form, for purposes of advertising. (i) plawgs, Commemorative plaques of recognized historical societies and organizations. (j) Private Traffic Sintrol. On-premise signs which direct the movement of traffic on private property (such as " *fttv*+ee•-er` emit signs, or warn of obstacles, overhead clearances, or control parking, inclualga-1, no Wt sue one-are e s than 10 feet in effective area, are ess than 6 feet in height, and are eels placed rber~s t~►► riril1l1 so-oo-to interfere with the safe movement of vehicles or pedestrians. (k) Mail Boxes. Newspaper Mack Signs located on mail boxes, newspaper vending machines, and curbside residen- tial newspaper holders which identify the owner and address of the premises or the name of the newspaper sold or subscribed tot provided, that such devices are not placed so as to interfere with the safe movement of pedestrians or vehicular traffic. (1) Sians on outdoor Machines Davies a d ~pmen . Signs located on g.1Ltr~9,4i ma- chines, devices eM equipment yios~ y pig j?! -•*-==r-~ trademark trade n&mo46 sir manufacturer or s4 Isw -s so I'll It LM I It coin-operated vending machines, fuel dispensing pumps, telephone bo*4h9--er facilities, automatic taller ma- chines, automotive vacuum cleaners, and ot"r similar machines, devices or equipment. .tV. 1, Prohibited Sians. It shall be unlawful for any parson to , SIGNS/Page S 1 i I I ' ~w r i erect, construct, maintain, reconstruct, place, locate or make use ( of any of the following signs for advertising purposest (a) Signs on Private Property Without Consent of owner. Signs located on private property without the consent of the owner of said premises. (b) Parking and Maneuvering Areas. Signs which are located in or interferes with the use of a required off-street parking space or maneuvering area. (c) Unsafe Signs, Signs which are, or become deteriorated, dilapidated or in danger of falling or otherwise unsafe. (d) Signs on Public Property. Any sigyn located on a public street lich , s ewe , alley, r g t-o -wayi building st, 1 projecting signs n contra us ness s r ets as }~y► permitted ~Y this article, markings rude on public sidewalks u r rdiftmnsss' *!f to wiM + 40*46- 91.0 Pieced eye't 74 Pith %he (a) Code Compliance, signs which db not comply with any applicable provision of a building code, electrical code, or other applicable code or ordinance of the City. Trees and Shrubs. Signs located on trees and shrubs. (g) Motion Picture signs, signs which employ a stersoptican or motion picture machine. (h) Signs Obscuring or Interfering With Viaw. Signs located or illuminated in such a manner as to obscure or other- wise interfere with the effectiveness of an official traffic sign, signal or device, or so as to obstruct or interfere with the view of a driver of approaching, emerging or intersecting traffic, or so as to prevent any traveler on any street from obtaining a clear view of approaching vehicles for a distance of 750 loot along the street. SIGNS/Page 6 1 I 1 r MOMMEMER 1 . f i i y erect, construct, maintain, reconstruct, place, locate or make use of any of the following signs for advertising purpoessf (a) Signs on Private Property Without consent of owner, Signs located on private property without the consent of the owner of said premises. (b) Parking and Maneuvering Areas, Signs which are located in or interferes with the use of a required off-street parking space or maneuvering area. (c) Unsafe Signs. Signs which are, or become deteriorated, dilapidated or in danger of falling or otherwise unsafe. C_- (d) Signs on Public Property. Any sign located on a public street , Is or no on, over, 2x A-2ubl4a -t!rosr, sidewalk, all* y, g to -wayi r projecting signs cen ra us Hess str ct■ as sreeifleally permitted i~ kY this article, markings made on public sidewalks u ..vwt-~i►~#~ with the ---m-ty events (e) code comnliance, Signs which db not comply with any applicable provision of a building code, electrical code, or other applicable code or ordinance of the City. (f) Traea and Shrun•, o.:ihs located on trees and shrubs. (g) !lotion Picture signs, signs which employ a stereoptican or motion picture machine. (h) Signs Obscuring or interfering With View. Signs located or illuminated in such a manner as to obscure or other- wise interfere with the effectiveness of an official traffic sign, signal or device, or so as to obstruct or interfere with the view of a driver of approaching, emerging or intersecting traffic, or so as to prevent any traveler on any strut from obtaining a clear view of approaching vehicles for a distance of 250 feet along the street. SIGNS/Page 6 --1 i (i) Certain illuminated signs. Signs, illuminated from within or without, and which: (1) are illuminated in such a manner, to such intensity, or Ft" properly shieldjn ed, So as to S~ pereAtially ■pa -or motor vahiclej upon a public street OPAH interfere with the reasonable-enjoyment o rem ant a ereeartve or (2) have any type of intermittent illumination, including flashing, fading, revolving or blinking lights, or any type of moving, travelling, or changing message by means of illumination, excluding temporary Christmas lights and lights used for time and temperature signs. inflatable deylees, bigl16 x.,svu are se~s:veavl. vvrzcw (k) Portable signs. Any portable sign which is not a prop- erly registered nonconforming portable sign as provided for in this articlk. 5. administration and Enforcement. The Building official shall enforce and administer the provisions of this artiole. The Building official or City Manager may delegate the duties and powers granted to and imposed upon the Building Offioial by this article. 6. Licansina. (a) -it shall be unlawful for any person to ereot$ construct, place, locate, reconstruct, repair, replace, or service any ground, roof, or projecting sign for compensation without first having obtained a license for such work from the Building Official as provided herein. The provisions of the section requiring a license for such work shall not apply to an employee of a person holding a license under this section. (b) Any person, maku 4r" application, lour -s N mtAA up" pays 4" the epplis"!e as and pasau as wr444eR examination shat+r Tie examination a r.1 ox a as of th (o) The Building official may revoke, upon prior written notice to the licensee, any license granted where it is SIGNS/Page 7 4 s 1 t f 'found that the application made was that the licensee, after Navin knowingly false or Building official to have violated by the ordinance, failed to correct the provision of this vioation in fourteen (14) days after the date writt enlnotice oftthe violation was sent to the address of the licensee, as shown on the license. (d) Any person may appeal a denial C-, revocation of a license to the~SigPon, or npBoardrofoAppeals as provided herein. ppea as (e) The license required by the city is in addition to any license required by Department the U. ~161 11 tioe by s a e this artl hall be Can adopt be Aut gr r B. PERMITS 1. It shall be unlawful for any person to place erect, construct, reconstruct, , locate_ alterr- 4*r LMU or laktacrall"SM& i or . ma a use o aiyr s gn secure a x rmit #or- hou av nq rat 1 pe pro dad a c e~ except as otherwise at does i all be -I Jox arman t Mae a S-1 6U NE Dar an am "memo r Is MMEM" J.41 not be Ired to 0 r Vfala Arm- add bit" 1 SIGNS/Page g J m i clam adMai"ges, Z• Ex~eations to Perini De%Uxt___. The following signs shall be exempt from the permit requirements of this article: (a) fifteen (151 lest er in holabt Wall signs (b) Legal notices. (c) state, national, or-eeeperaN l84,Qr0tie• identification !lags as eter*riee specified in this article. (d) Signs painted on glass surfaces of windows or doors. (e) Stake signs. 1 J. Acalication Pro The application for a sign permit shall be submitted on such forms as the Building official may prescribe and shall be accompanied by such information, drawings and descriptive data as required by the Building official to insure proper regulation of the sign and to insure compliance with this article. 4. Pll3ait Pee if the plane and specifications for a sign set forth in any application for a permit conform to all of the requirements of this article and any other ordinance applicable thereto, the Building Official shall, upon payment of the applica- ble permit fee, issue the appropriate permit, 5, Duration of PeXal,tm, d for ; Am ceased hV *%a issued kZ J re llamas ""A"*Nk Y Department Tria"Al 6a ion Under 5111 Rev, C iv- 8 s as ameend d a c• 477 a, ex, we" shall be valid for the locatione~+K designated J on the application for ~A one year Isjujace.of t so long as the sign is " erec e and legally ma ntalned i if the State 1 SIGNS/Page 9 + I J 1 SOMEONE i M L ~ A ~f acquires the sign . for or 44 the sign is removed for any reason, the permit thersupsn ! 1 terminates. s4z, ~ on that or premise shall be 'me ed gay mn, -adar Year. 6. Revocation of Permits Appeals. 11 sicn oeait aav be PRO!- for a violation of env provision o e s err e • ~ c. A l l sW _ Bo The permit holder Boa a may appeal the revocation to the si n r dd of of Ap ealr. $ifffti _S_itX re 10 to inateft"WILI'Mce'Onds revocasion becomes-final, 7. Transfer of State Outdoor AdvertisinaSlQn Permits. Sign permits JALW v issued by the Department gt,_gISDjgys ad polio A4nMftAW1'A1-4^M am or the city or signs law cense Under article 4477-9a, may be transferred to another party If the proper City application and fee is filed and ' approved by the city, C. PORTABLE SIGNS 1. It shall be unlawful for any person to erect, place, or locate any portable sign on any premise on or after February 21, 1989. 2. Any portable sign lawfully existing upon any promise before February 210 1989, in accordance with the provisions of any prior ordinance, shall be allowed to remain on that premise as a nonconforminq portable sign it properly registered and continuously maintained in accordance with the provisions of this article. 3. 11 nonconforming portable sign which is properly registered in accordance with this article, shall nott (a) Be moved to another premise so as to be visible from any public street. (b) It removed from any premise for any reason, to placed on the same promise so as to be visible from any public street. 4. 1111 lawful nonconforming portable signs shall at all times SIGNS/Page 10 I I C'\ be securely anchored so as to prevent overturning or unsafe movement, the sufficiency of such anchorage to be determined by the Building Official. D. REGULATION OF SIGNS BY ZONING DISTRICTS. rr 1. Residential Districts. The following regulations shall apply to A, SF-7, SF-10, SF-13, SF-16, 2-F, MF-R, MF-1 and MF-2 zoning districts, as shown on the official zoning district map of the City of Denton, as amended: (a) Permitted Type. Ground, wall, wind device, and stake signs are permitted in residential districts. Roof, projecting, and off-premise signs are prohibited in residential districts. (b) Effective Area and Height. No ground sign shall have 1 a effective area greater than fifty (50) feet or a greater height than six (6) feet. (c) mfg tbacks. All ground signs shall maintain a minimum setback of ten (10) feet from the curbl ins and any side or rear yard property line, except that any ground sign may make use of a supporting structure for a ground sign that was lawfully erected on or before February 21, 1989, without regard to the side or rear yard setbacks specified herein, if the sign so placed would not violate any other provision of this article. (d) Number of Ground Signs. Only one ground sign shall be located on any one premise, except as follows: (1) Any premise having frontage on more than one freeway, arterial or collector street may locate one on-premise ground sign in the defined front yard of each street, provided that neither sign is located within that area that includes the over- lapping front yards of both streets. (2) Any premise which has more than five hundred (500) feet of public street frontage on an frAsway, arterial or collector street may rake use 0 one additional sign for each adtit4an" five hundred (500) feet of ad,~onal frontage tre , 1 or fraction t ereo , f each a ona Plan permitted is located more than four hundred (400) feet from another permitted ground sign on the same premise. t1% 0 a 90' 'two MIRT'SM68 Me gurbip-he Rich AU pearett- he two sions, SIGNS/Page 11 i 4C.. Udv I S wood- The 6.4 r#a•~ 61! M9%a*F 911, ale 2, •~enre,~~sidential Districts. The following regulations shall apply to signs in any zoning district designated as a P, 00 NS, GR, Denton, as amended the official zoning district map o, LI or HI the City district, (a) Tune, Ground, s late roof, permittede, in in nonresidential projecting sgn districts. (b) Wise and Height o! Ground eicas. Around er--reef signIL shall have an effect-ive area AU 9*4 ~ height ku" as fo ows: KUL= r~ •+~aat frontage i ia, '~erx. aA OX H0 efts 40 t to Ea. 20 ft, III Ohor street$ so, *Sweatt for the taAjral turiaee• distr_S" i whish hag We 20- F1150) Wan off SIGNS/Page 19 1 y ' v r (41) My preni®e &Rbed say asks use one On-case ground sign of a maximum hie ghh 11, fifteen (15) feet and an effective area of one hundred twenty (120) square feet, in lieu of any two permitted ground signs. G: Amiga iob bas o primary stree or* than 0 AM • or one 1 Used to toaant or occupant, 44 "Ova do TWO feet P'v 0.5 smiarl ON fpeopir of frontage o the cr ~rlp a t but not H19 91.150 a(Mar• feet. i (c) Setbacks. MIel ground and projecting signs shall maintain a minimum setback of twenty (20) feet from the curbline Ri anY public and a minimum setback of t ten (10) feet from any s de or rear yard property line, except as forms e I" that any A ground sign may make use of a support- ing structure for a ground sign that was lawfully erected on or before February 21, 1989, without regard to the side and rear yard setbacks speci- fied herein, if the sign so placed would not violate any other provision of this article. am~ .121 gat fraao- ■ 18 ft., Want is Xt. or 11-i ■ 1 (d) der. Only one on-premise ground sign shall be located on any one premise, except as follows: (1) Any promise which has frontage upon more than one freeway& arterial or collector street, may locate one on-prom se ground sign in the defined front yard of each arterial or collector street, provided that neither sign is located within that area that includes the overlapping front yards of both streets. (2) Any promise which has more than 500 feet of public street frontage on an frolux, arterial or collector street may make use of one a tional on-premise ground sign for each additional 500 feet of frontage, or SIGNS/Pago 13 r a fraction thereof, if each additional sign permitted is located more than four hundred (400) feet from another permitted ground sign on the same premise. Saffilfivemig'an' the Y q3rbl4ne ygic4 are nearest the r (See Appen- dix illustration 14c). (e) Spacing Reuuirementa. (1) off-premise signs. No off-premise ground sign shall be located within 1500 feet of another off- premise ground sign on the same side of a public street. The measurement shall be between the two points on the curblines which are closest to the respective signs, along and parallel to the curbline, and across any intervening street intersections. (2) Signs and Residential Structures. nv call o eo signs over to feet hoiagifouialh a in heights shall maintain the following setbacks from a s he MIgNS Ire for Sinai* f religen;!wfl' around or Attache Sign A•tbaok Non-illuminated 100 feet internally illuminated 200 feet Externally illuminated 500 feet The in a straight line rom the distr~ boy WM JA t°' nearest portono t • supporting structures a- eye!, to -al 110-16-0 06-11-a-1 line an sty"etvrk shall 4MA OVA trovertv 09 wit %hose ground signs is i SIGNS/Page 14 E, 3 F. oonsfarmetbed of stone, 0*"9r*t*r 17e port ion a! the 0 W066 3. Planned Development Districts. The regulations for signs located in planned development zoning districts shall be contained in the ordinance or concept or detailed plan approved for the district, except that no off-premise signs shall be permitted. Should the regulations for signs be omitted from an ordinance or, concept or detailed plan for the district, the sign regulations that would be applicable to the most restrictive comparable zoning district classification, based upon the land uses permitted therein, as determined by the Executive Director of the Department Planning and the regulations applied or part thereof, for Developmento shall be were omitted. distrit I central Nsir,44s Districts. The following regulations shall apply to signs in central business zoning districts: (a) Tvne. Ground, wall, roof, stake, and projecting signs are permitted in central business districts. : (b) Effect ve Area and Heioht. No around or roof sign shall have an effective area greater than sixty (60) feet and no ground sign shall have a height greater than six (6) feet. (c) Riaht of Wav Limitation on Proiectin~sians• No projecting sign shall project or extend Into the public right-of-way for a distance of more than ten (10) feet or within two (2) feet of the nearest curbline, whichever is more restrictive. No projecting sign, supporting structure, or part thereof, which extends into the public right-of-way shall occupy any of the space between the ground level and eight (8) toot above said ground level in said right-of-way. 2. REGULATION OF ATTACHED SIGNS In addition to any other applicable regulations, the following regulations shall apply to the type of sign specified in all zoning districts. 1. Roo! Sianst Protection. Root signs and tn• r sunnortina structures shall not extend obv"sWre thereof? SIGNS/Page 15 I S fi Yrr± laterally beyond the exterior walls M " of the building is qrea%ell than MER-0-1-6- maximum beiaht and a facti~~ sad shall bays a as lollows: Number of ,stories Maximum Height l Aee 551 of bldg. height Riggs Bre a 361 of bldg. height 4s ags 3 to S Three " f Yo 30t of bldg. height i C 4 to 9 0C'1m Tp~TQ 251 of bldg. height 10 to is Ten fifteen 231 of bldg. height 16 or mor• Simtee- - me" 40 feet w Ch of tb BiEfifflbe t Of 250 swar, rest, 2. Projecting Signs. (a) Construction. All projecting signs shall be securely attached to the building or structure. (b) ^__f__"__ e_..__4 Reef. A projecting sign shat not A~Wf,~MrLt • as %a 60 M" Idba& ablAMOM the Veef of 6r __9 well or ab*Ys the me" 4*v" *49M ahqle to (she (o) stz•• The total square footage of all projecting signs shall not exceed twenty percent (201) of the wall area on which such signs are located, 3. Signs on Common Buildings when one or more attached signs are located on a building which is divided and contains more than one business or use, the regulation of such attached signs specifiod harein, as to size and projection, shall apply separately SIGNS/Page 16 r A \ to the part use. . Of t:11e exterior walls which contain that business or F. REMOVAL OF UNLAWFUL SIGNS 1. Notice and X Any sign which is erected maintained in violation of this article mayy located, 0 a removed by Building official as provided herein. The Buil ding Official s he hall deliver or send a written notice and order to the owner of an unlawful sign or the owner of the premise where the unlawful sign Is located. A notice and order sent or delivered to the erson listed by the Cit ffice or Denton County Appraisal District i the owner of theax oremise where sin is locaed shall be presumed to be sufficient . tTheunoticeland order shall: (a) Describe the nature Of the violation; (b) order the correction of the violation within a time specified, which shall not be less than live and (S) business days of the delivery or mailing of the notice; (c) Give notice that the Building official may remove and r impound the unlawful sign at the ownerrs expense if the violation is not corrected within the time specified. 2. Removals Auoeals. If the person ordered to correct a violation fails to do so within the time specified, the Buildirl Official may remove or cause the removal of the unlawful sign. Aiy Boardnofgrieved by the order may file an appeal with the SSIn Appeals. 3' Il~ o! Signet Redamn*s - shall be impoundthe ed uand iltranspfficial pursuant to thesey sign which la removed Official at a location designated for suchtpurp b provisions y, the Building Records of where such signs were located and when removedusrhall~be kept. The Building Official shall send a letter to the owner of such si known, or, if not known to the owner or person in control of~the premises where such sign was located, giving notice of such impoundment. The Building Official shall hold the sign in storage for at least thirty (30) days after notice of impoundment has been mailed. Any Portable sign may be redeemed by the owner upon the payment of a foe to the City of Denton of a total of $25.00 for hauling the same to sign may tb! aget plus b .00 per day storage fee. Any nonportable redeemed removal of and hauling the hsamewto storage, anndeterminedcbytthe Building Official, plus $1.00 per day storage fee. Any sign not er thereof within mailings of ythe snotice of Impoundment thirty (30) das of the may disposed of in SIGNS/Page 17 I ~ ` y . i accordance with applicable law. 4. Becovarv of costa. If, upon disposal of an unredeemed nonportable sign, the Building Official has not received an amount sufficient to cover the cost of removal and hauling of such removed sign, the Building Official shall send notice to the owner of the premises where such sign was located, requesting payment of the removal and hauling costs, less any amount received in disposal of such sign. Any such costs remaining unpaid after thirty (30) days from the date of mailing of notice shall become delinquent and shall bear interest at ten (10%) percent per annum. The Building Official may cause such unpaid and delinquent amount to be assessed against the premises where such removed sign was located by filing and perfecting a lien against said premises. The cost levied against said premises shall include a $50.00 administration fee. 5. Aooeal of Cost Imooseds Levied. Any person may contest the reasonableness of the cost of removal of a sign imposed hereunder by filing an appeal with the sign Board of Appeals within twenty (20) days of the mailing of the notice of the costs. The Board may uphold the cost imposed by the Building Official or impose and levy whatever cost it considers reasonable. Storage costs shall toot be appealable. 6. Summary Rem of Hazardous Signs; Notwithstanding any other provision ofovalthis article, the Building official may summarily remove any unlawful sign which, because of its location or condition, clearly constitutes an immediate hazard or danger to the public. Prior to removing the sign, the Building official shall make a reasonable attempt to locate the owner of the hazardous sign or person responsible for its placement to give written notice of the violation, the action necessary to correct the violation, and the time period in which the correction must be made. The notice shall be delivered to the owner of the sign, the owner of the promise, or the person responsible for the signs placement, if locatedi otherwise, the notice shall be affixed to the sign or other prominent place on the premise likely to come to the attention of the owner of the sign or premise. Thereafter, the Building official say remove the sign if no corrective action is taken in the time specified. 0. SPECIAL PROVISIONS 1. Manner of Measurement. (a) fig. To apply the setback provision of this article for signs at any one point, the following measuring procedure shall be used: (1) Draw an imaginary vertical line extending upward SIGNS/Page 18 11 ' II 5 r from the closest point on the curbline of the public street to which the premise has access; i (2) Beginning at any point on the vertical ling, draw an imaginary horizontal line perpendicular to the vertical line and curb line and extending toward the premises; ( intersects the 3) Beginning at the point where the vertical line I h z horizontal line for Othel rline equired ea setback. (See Appendix illustration 14a) (b) Height. The maximum height of a ground sign shall be determined by the method of measurement that allows the greater height, as follows: (1) Curb Line M aa.~ru,na Measure along a vertical line extended upward from the nearest curb line of the public street fronting the premises where the sign is to be located, to the maximum height allowed for the sign. From that point, extend a horizontal line to where the sign is to be located. The horizontal line is the maximum height allowed at that location. (See Appendix Illustration 14b). (2) Natural Ground t~VAl Afesa~~rc.nnw~, At the highest point of the sign, draw a horizontal line to the outer extremities of the sign. At the center of the horizon- tal line, draw a vertical line to the natural ground level below, (The "natural ground level" shall include any changes in topography necessary for development of the property), The vertical line may not exceed the height allowed for the sign at that location. (See Appendix illustration 14b). (c) Effective Area, Al Q air IMAMA A& hWA sit ately Ann Kill 11RAX 2. The owner of !ffi~,~ d promise eroi whic t are in locate anit abandoned sign gX ii~. AR etruelur. shall ooaniv vita the following u-tat SIGNS/Page 19 (a) If it is as aba+ armed portable sign, remove a within thirty days 6-f- the date it becomes abandoned] se sib! -ftea (b) If &-ground sign ces no n or v ate the Ah to end or Juna t- a v so y LA as nesessiry to Wit ~~M r 1%615 b 1111 1;11; 111 ~,1:: 112! 11;1!1'1!!1:11!1 11,11111111 1 611 t-W4Y7--" OLM..re~~Ip Ilk of the sifin Be an to a su o a t toe s o d s ~ aK*un4 a o gggrept s v V. relocate-I coup1X i c 1119 date the i .A anI proV1,11ons the reacylki or Un1LVLVLJI sy, As used is this section abandoaed suooorting structure SIGNS/Page 20 I i 1 i =qx other mate~iais that y weans Doles. beams, cables. Ara he once-were -or - Used to MUVROrt an-4 j to the Fe-qUitfans of this a 4 an Usible from any WSJ" 3. clearance from Electrical Lines. All signs shall be #4!Y 34ne, either bare with + ion of the latest sditio of the National sleotria safety Co { J 4. Stake Signs ' (a) No stake sign shall be larger than thirty two (32) square feet in effective area. (b) No stake sign shall be located within any public street median or within ten (10) feet of any curbline. (c) Any stake sign advertising the sale or lease of real estate, a garage sale, a candidate or issue to be voted upon at an election, or other temporary event or happening, shall be removed by the owner of the premise if placed thereon by the owner, or if placed thereon by other than the owner, by the person responsible for the placement of the sign, within ten (10) days after the data of the occurrence of the event advertised. (d) No more than one off-premise stake sign advertising the sale or lease of one pieta of real property or one real estate subdivision or development shall be placed on any one premise. 5, eicn Maintenance. It shall be unlawful for any person to erect, locate, or LW ooikbai~ any dilapidated or deteriorated sign. 6, kkm Macs. Thus of thof th article SIGNS/Page 21 y I I 14 l n; regulating rind e;vice signs ehail ae apply %0 the fol or 0 Gensee met, too too 04 1 !Ihe (a) State or National F7ana, po Hermit shall De required U ax rein, see 2U MAP Aging r*K~jpp! 4D LL 5f 'ItItyly, but fl I, S~i ad signs Age Wit'll, 110 22160 shall maintain the a s #geT- and permit 1111,111! 11,11111 !j:!j,,,I~! 1! 11,11!! ,1, jj!!~Ij Elipilea is to (b) e Fligs Premise ideatitioatioa slag. a to de t joy o 0 o D s s t HE iff, D At, If the d ad Dolts Ake #A" MIMA 64r^mm ted flea owned or ph. ICA% en-file- ee~le-gt~e* iss where 32 7. Hind Loads, All ground. atoiee ;msg. and root signs shall be designed and installed to w thstan a win pressure of not less than twenty (20) pounds per square foot of area and shall be constructed to receive dead loads as required by the Uniform Building Code. 8. Use of State Right-of-wav. No person shall cross or park SIGNS/Page 22 f A a vehicle on a State right-of-way for the purpose of maintaining a sign adjacent to the right-of-way. I'l lip 1211 ILMY111211 shall apply to env baZzLf llQet er 0111114P RI JU It shall be securely anchored as tt aims Fill MEM 1 '9 N Mom or a buildiff?HIP, 152111 AND 1% small ngt pajama more th,% H. NONCONFORMING SIGNS 1. Atinlicability- The provisions of this article, defining and regulating nonconforming signs, shall control over any other conflicting provision of Appendix B-Zoning of the Code of ordi- nances. r 2. Defined. A sign, including its su lI be considered nonconforming when it does not conform to call or shall part 1 of the provisions of this article applicable thereto, is not a I stake sign, and: (a) was in existence and lawfully located and used on the effective date of this article; or (b) was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto, or which was considered legally nonconforming thereunder, and has since been in continuous or regular use; or (o) was in existence, located, and used on the premises at ' the time it was annexed to the City of Denton and has since been in regular and continuous use. 3. Rsai•tratian of NenconforsinQ pert,w~. a Qns- On or after June 1, 1989, it shall be unlawful for any person to maintain any portable sign on any premise without having a valid registration tag affixed thereto as required herein. (a) ~lication !o R•giatra-JU. To register a noncon- forming portable siqn, application shall be made to the Building Official, on forms provided for that purpose. SIGNS/page 23 y i The application shall be accompanied by the payment of the applicable fee and shall contain the name and address of the owner of the sign, the exact location of the sign, the date of placement, and any other informa- tion reasonably required by the Building official. (b) Issuance of Reaiatratien Tae, If the Building Official determines that the portable sign is a lawfully nonconforming portable sign, he shall issue a registra- tion tag to the applicant. The owner of the sign shall CJ cause the tag to be affixed in a conspicuous plr.ce to the corresponding portable sign registered. (c) Removed or De3troved Signs. Any owner who removes or causes the removal of any validly registered noncon- forming portable sign from any premise shall, within five (5) business days of its removal, report the removal to the Building Official. (d) IIIYalidation of Reelatratia . The Building official shall invalidate any registration tag for a nonconform- ing portable sign whens (1) It is removed from the premises for any reason, (2) It has been damaged or destroyed so as to lose its nonconforming status as provided in this article. (3) It has become an abandoned sign, 4. PXAauz2tLM. Any sign which does not confers to the ' regulations of this article and is not properly registered as a legally nonconforming sign as provided for herein, shall be presumed not to be a legally nonconforming signs provided, however, that the owner of any sign that is determined not to comply with the provisions of the article, may, at any time, present evidence to the Building official that the sign is a legally nonconforming sign, and the Building Official shall, if satisfied that the sign is a legally nonconforming sign based on the evidence presented, allow the sign to be registered as a legally nonconforming sign. 5, Qsmtructione Renoir, (a) Any nonconforming sign, including its suppoct ng a rueture,rawc s *strayed, damaged, dilapidated or deterioted, shall not be replaced, repaired, or renovated, in whole or in part, if such replacement, repair or renovation would require (601) of theureprod ctloen cost of a excess new sign, percent SIGNS/Page 24 its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated. e v (b) The Building Official may, whenever he deems necessary to reasonably determine the applicability of the foregoing provision, require the owner of said noncon- forming sign to submit two or more independent esti- mates from established sign companies of the cost of replacing, repairing or renovating, in whole or in part, the existing nonconforming sign and two or more independent estimates from established sign companies of the reproduction cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated. (c) No sign or supporting structure which is lawfully reproduced, repaired, or renovated as a nonconforming sign shall be increased in effective area or height. 6. Relocation of Nonconforming Signs. Notwithstanding any other provision of this article, any sign which is a legally existing nonconforming sign hereunder may be relocated on the same lot or tract of land, if the sign is required to be removed from its present location because the property upon which the sign is located is acquired by any governmental agency or other entity which has or could have acquired *he property through the exercise of its power of eminent domain. Such relocated sign shall be placed, insofar as possible, as to comply with all the provisions of this article. 7. Sians Located on Nonconforming Promises, Where, on the effective date of this ordinance, a sign is located on a premise which is a legally nonconforming use of the premise and such sign is used in regard thereto, the sign may be used and maintained thereon, even though it would not be a permitted use, so long as such premise is continually used as a lawful nonconforming use. I, APPEALS, VARIANCES AND SPECIAL EXCEPTIONS 1. Sian Board of Anneals Created. There is hereby created a Sign Board of Appeals consisting of five members. Members shall be appointed by the City council for a two year term, except that the Council shall designate two members of the initial Board to serve one year terms, or until their successors are appointed. The Council may remove a board member for cause on a written charge after a public hearing. A vacancy on the board shall be filled for the unexpired term. The Council may appoint two alternate members SIGNS/Page 25 I E to serve in the absence of one or more of the regular members when requested to do so by the City Manager. An alternate member serves for the same period as a regular member and is subject to removal in the same manner as a regular member. A vacancy among alternate members is filled in the same manner as a vacancy among the regular members. The Board shall adopt rules to govern its proceedings. Meetings of the Board shall be held at the call of the chairperson and at other times as determined by the Board. The chairperson or acting chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. Each case before the Board must be heard by at least four members. The Board shall keep minutes of its proceedings that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The Board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the Board's office and are public records. The concurring vote of four members of the Board is necessary f ] to: 1 (1) reverse an order, requirement, decision, or determination of an administrative official; I (2) decide in favor of an applicant on a matter on which the Board is required to pass under a zoning ordinancel or (3) authorize a variation from the terms of the sign ordi- nance. 2. Powers of the Board. The Board shall have the following powers: (a) To hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this article. (b) To hear and decide special exceptions to the terms of this article when this article requires the Board to do so. (c) To hear and decide on requests for variances in the regulations of this article. 3. Anneals to the Board. SIGNS/Page 26 I ~ V (a) Appeals may be brought by any person aggrieved by a decision or by any officer, department, board, or bureau of the municipality affected by the decision. (b) The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within fifteen days after the decision of the administrative officer. on receiving the notice, the official from whom the appeal is taken shall immediate- ly transmit to the Board all the papers constituting the record of the action that is appealed. (c) An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the Board facts supporting the official's determination that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the Board or a court of record on application, it due cause is shown, after notice to the official. (d) The Board shall fix a reasonable time for the hearing of an appeal, give notice of the hearing by mailing notice to all real property owners located within two hundred feet of the property on which the appeal is made, as shown on the City's tax rolls, and by publish- ing notice of the hearing in a newspaper of general circulation in the City of Denton. The notices shall be mailed and the notice published at least ten (10) days prior to the date set for the hearing. Any party may appear in person, by attorney, or by agent at the hearing. (e) The notice of appeal shall be accompanied by a filing fee in the same amount as required for an appeal to the Board of Adjustment. 4. Variancas to the Sian Regulations, (a) Any person requesting a variance from the provisions of the sign regulations shall submit an application on a ion provided by the city, containing the information and plans requested in the application, along with the established filing fee. (b) The Board shall act upon the variance request within a reasonable time. Notice of the hearing shall be given in the same manner as for appeals to the Board. SIGNS/Page 27 I i _I r a r.. t (c) The Board may grant a variance from a requirement of the sign ordinance if it finds all the following exists (1) Without the variance, the applicant could not make use of the sign otherwise permitted by the ordinance; (2) The variance is necessary because of a unique condition or feature of the property not generally common to other properties; (1) The granting of the variance will not violate the spirit or the intent of the ordinance; and (4) The conditions or features which create the need G for the variance did not result from the property owner's acts. (d) The Board shall not grant a variance to any applicant for personal convenience, financial hardship, or other reasons unrelated to the property. If the board grants a variants, the variance shall be granted only to the extent that is reasonably necessary to remedy the hardship. (e) All decisions of the Board granting or refusing a variance shall be reduced to writing and signed by the Chairperson. If a variance is denied, the decision shall state the conditions for the variance which were not met. If the Board grants a variance, the decision shall state that all conditions for a variance were mat, specify the degree to which the regulations are being varied, and be signed by the members voting in favor of the variance. 5. gpecial Exception. The Sign Board of Appeals may grant a special exception from the provisions of this article for the setback or height of a sign, other than a portable sign, under the following circumstancess (a) Visibility Obstructions. When fifty percent (504) or more of the effective area of such sign to be located in accordance with the setback or height requirements of this article would not be visible from at least one "visibility point" because of an existing building, structure, or the natural ground. As used herein, "visibility point" shall mean the viewing locations, at a height of six feet, determined by extending the side yard setback lines of the property so as to intersect the curb line of the public street fronting the property, than measuring from the SIGNS/Page 28 1 SOMEONE l y t I intersecting points along the curb line away from the property in each the direction for a distance of one hundred feet. If the street fronting the property is one-way, the visibility point in the direction from which traffic approaches the property shall be used to determine the visibility requirement herein. (See Appendix Illustration No. 14d.) (b) Medical Emergency Signs. when a sign located on the property of an emergency medical treatment facility would not, because of the setback or height require- ments of this article, be readily visible from adjacent public streets. For purposes of this provision, "Emergency Medical Treatment Facility" shall mean any hospital, clinic or other facility where medical aid is C. offered to a person or animal who suffers an injury or illness which requires immediate medical attention. in granting special exceptions allowed herein, the Sign Board of Appeals shall specify, by written order, the setback or the height that will be allowed, but in doing so shall not allow deviation from the provisions of this article beyond what is minimally necessary to remedy the situation allowing for the special exception. 6. Judicial Review of Board Decisions. Appeals from any decision of the Board may be made in accordance with the provisions applicable to appeals from decisions of the Board of Adjustment. J. HISTORICAL LANDMARK SIGNS The provisions of this article shall not apply insofar as they conflict with any provision applicable to a sign designated as a historical landmark pursuant to the provisions of article 28A of Appendix B-Zoning of the Code of ordinances of the City of Denton, Texas. ADlCIAL sIGfl ~+Ti~Tl~ bag Under standard rmmiations, awn - 46 A go6tion of an SIGNS/Page 24 I Dlan, alenc xith gay other lalormatioa soeoi[iae by ads a s acing d*eartmtnt the districl sh 11 show, no that will A=Lv go tas district, Onf, or hAmNARlah Council anal elder. Du are not t G: Scala, The relationshia betwen signs eoala and ■i+. soale, 26. color to the co We rial and Shane. _ahanas of signs and An# thev relate to the r anrreu a nqs, r f } u'giff oun" compatibility of sign lualaatlo. Intoarat Aw 6%m M4.2 IMP a -1 via! Mwwau- e JU 1eaid h• Cosvatible With surrounding eroetartiolt 1w, uaad nerdy to avoid or aai a variance of the arMlAatieasl _the sian rmla- LUALLARA Connlies With the rmmireaents of thig sclion, SIGNS/Page 30 t I ANA !YMYttya and comply with the intent of tble mectionc t AMC* I-Ain ARV A44ndommilp a" hall be Got 1 $00 i it&-op""filfitr4l'st %aipLms a n W n i abbreviated dealunation j I i ! i ! II J I I SIGNS/Page 31 1 i ' I f f w \ is, 1991 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPENDIX S-ZONING OF THE CODE OF ORDINANCES RELATING TO SIGNS, AMENDING THE HEIGHT AND SETBACK REGULATIONS FOR GROUND SIGNS ON PRIMARY ARTERIAL STREETS; AMENDING THE LICENSING REQUIREMENTS) AMENDING THE PROVISIONS RELATING TO WIND DEVICE SIGNS; PROVIDING FOR MULTIPLE OCCUPANCY SIGNS; REGULATING WALL SIGNS OVER FIFTEEN FEET IN HEIGHT) PROVIDING FOR THE REMOVAL OF ABANDONED SIGNS AND STRUCTURES; AMENDING THE REGULATIONS FOR STAN SIGNSI PROVIDING FOR r A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THERE- OF) PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN , EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, Zoninng~of the Code That article 17 A. 2. of 0 dinan es is ame(Definitions) deleting thiedetini- tion of "Department". SECT--ZONiI. That article 17 A. 2. (Definitions) of Appendix Zoning of the Code of Ordinances is amended by amending the following definitions) ~LLac.A sign means a sign, other than a wind device sign, attached to or supported by any part of a building, including but not limited to a wail, roof, window, canopy, awning, or marquee. Wall, root, and projecting signs shall be considered attached signs. Grotin, Means a sign, other than a wind device si whose principa,l support is provided by burying, anchoring' or otherwise connecting the sign, or supporting thereot, to the ground in such a manner as not to be easily or quickly removed or relocated, and which is not a stake sign, pot'table sign or attached sign, Preieetine means any s1 sign, which is wholl affixed to or sur than a wind device any builds J ing wall and which extends beyond the bui di by than twelve (12) inches. n9 w+11 more 8QQt sijM means any sign, other than a wind ;device sign, wholly erected on, affixed to, or supported by a root of a building. 1 r r r. gn means any surface, material, or device visible from a with or without the public street and used for advertising designs, pictures, of letters, words, character or " display a sign" means any oroter information. "One sign orted by a single or number of signs latcture. or supp common supporting whose supporting structure is so ~~qn means a sign by making one and Pointed, so desig"od or shaped, usually ushinq, Pounding, hammering as to be er ct d and used ndpby hand or hand held device or forcing it into the quick and easy placement, removal or reloca- so as to allow rected by the digging out Of $Oirttogistrucl tion. A sign er which a inchass shall not be consid- the supporting structure or turs larger than 2 inches by Bred a stake sign. ennant, streamer, .,_c na.,ice si gnmeans a flag, banner, P inflatable balloon or similar device made of alcth, canvas, milar flexible- material, with or plastic, or other si rting structure, and used as without a frame or other suPPo a sign. Q*,,,,,TON That article 11 A. 3 (a) (Signs Not Regulated) of lOninq of the Code of ordinances is amended as follows: Appendi Any sign, (a) (1) erected or maintained pursuant to and in dischnrgs of any governmental function, (2) required by law, ordinance, or governmental requ- lation, or on property owne, leased, or under the d (3) control overaoent. conntrol of the lidesal or state 9 That article 17 A- 3 (f) (Si • Not Regulated) of is e sa ning of the Code of ordinances amended to read as Appen ' follows, xeli Temporary signs containing only holiday (t) messages and no commercial advertising. That article 17 A3 (j) (Siiss Not Regulated) of of the Code of Ordinances amended to read as Appendining follows, pAot 2 J i 1 j 7®QI t r r r' - r - (j) Private Traffic control. cn-premise signs which direct the movement of traffic on private property or warn of obstacles, overhead clearances, or control parking, in- cluding, but not limited to, entrance and exit signs. The sign must be less than 10 feet in effective area, less than b feet in height, and be placed where they will not interfere with the safe movement of vehicles or pedestrians. I ~ SECTION VI. That article 17 A. 3 (1) of Appendix B-Zoning of the Code of Ordinances is amended to read as followst (1) Signs on outdoor Machin _ Devices and Ealpment Signs located on outdoor machines, devices, or equip- ment which display the trademark, trade name, manufac- turer, cost, or operating or service instructions or similar information but do not advertise the business where located. This exemption includes but is not limited to signs on coin-operated vending machines, fuel dispensing pumps, telephone facilities, automatic teller machines, automotive vacuum cleaners, amusement rides, and similar machines, devices, or equipment. SECTION VII. That article 17 A. 3 (Signs Not Regulated) of Appendix B-Zoninq of the Code of Ordinances is amended by adding a new paragraph (a) to read as followss (m) Athletic fields. Signs located on the field sido of i scoreboards and fences of athletic fields, SECTION VIII. That article 17 A. 4. (d) (Prohibited Signs) of Appendix d-Zoning of the Coda of Ordinances is amended to read as followss 1 (d) at=& an Pubiie Pra2trti, Any sign located on or attached to a public street light, utility pole, hydrant, bridge, traffic control device, street sign or other public structure or building, or any sign, other than a stake sign, located in, on, over, or within a public street, sidewalk, alley, easement or right-cf- way. This prohibition shall not apply to projecting signs in central business districts as permitted by this article, markings made on public sidewalks as permitted by the Code of Ordinances, or wind device signs placed over a public street by the City to advertise annual community events. 1 ` Y 8 aeasti4 ' la 1 { IdC I BEC TON IX, That article 17 A. 4. (i) (1) (Prohibited Signs) of Appendix s-Zoning of the Code of Ordinances is amended to read as followst r' (1) Are illuminated in such a manner, to such intensity, or without proper shieldinq, so as to constitute a hazard to the operation of motor vehicles upon a public street or substantially interfere with the reasonable enjoy- ment of residential propertyi or; SECTION X. That article 17 A. 4, (j) of Appendix 8-Zoning of the Code of ordinances, prohibiting the use of inflatable devices, is repealed. 9ECTTON Xi. That article 17 A. b. (b) of Appendix a-Zoning of the Code of Ordinances is amended to read as follows 6. L~censlna. (b) Any person who makes proper application, pays the fee, and passes an examination, shall be issued .A license, valid for two years. The written examina- tion shall test the applicant's general knowledge of the sign regulations. SECTION X11, That article 17 A. 6 (e) of Apppeendix n-Zoninq of the dodo of Ordinances is amended to rsad as toliowai 6. Lis.~nainu. (e) The license required by the City is in addition to any license required by the State Department of Nighways and Public Transportation by State law or requ%ation, J 21CTION X111. That article 17 A. of Appendix 8,-Zoning of the Code of Ordinances is amended by adding a new subparagraph 7 to read as followsi 7, 'Ls 22DIS The regulations of this article shall be considered to be part of the zoning regulations of the City of Denton, adopted under the authority of Chapter PAGe 4 F 1i ~ A 211 of the Local Government Coda, as amended. Amendments to this article shall comply with the requirements of State law and City ordinances applicable to amendments to zoninq regulations. SECTION XIV, That article 17. B. 1 of Appendix S-Zoninq of the C of Code of Ordinances is amended to read as followss 1. Permit Required for Sigma. (a) It shall be unlawful for any person to place, locate, relocate, erect, construct, reconstruct, replace, renovate, repair, or alter any part of a sign, including the face or other integral part, or 11 to thereafter make use of a sign for which a permit 1 is required herein, without having first secured a sign permit from the City, except as otherwise provided by this article. The administering offi- cial or employee shall not issue a permit for a sign that does not comply with the requirements of this article. (b) It shall be unlawful for any person to make use of a sign required to be licensed by the State Depart- ment of Highways and Public Transportation as 1 required by article 4477-9a► Tex. Rev. Civ. $tat,, except in accordance with a valid permit issued by the City, (c) A sign permit shall not be required to periodically change only the letters, numbers, or message por- tion of a sign if the sign is specifically designed for that purpose, such as, but not limited to, marquee signs for movie theaters, portable signs with changeable letters, billboards and poster boards designed for changinq messages, and gasoline price signs with changeable numbers. $aCTit)Y XV. That article 17, 1. 2. (exceptions to Permit Re- quirements) of Appendix s-Zoning of the Code of ordinances is amended to read as followss Ta YMentione to Permit Requirement. The following signs shall be exempt from the permit requirements of this articles (a) Nall signs fifteen (15) feet or less in height. (b) Legal notices. PAGE 5 ~ K r C b _ I Y 1 (o} State, national, and premise identification flags as specified in this article. (d) Signs painted on glass surfaces of windows or doors. (e) Stake signs. SECTION XVI. That article 17. B. S, 6, and 7 of Appendix B- Zoning of the Code of Ordinances are amended to read as followsl 5. Duration of permits. (a) around and Attached Qians, A permit issued for a ground or attached sign, other than those licensed by the State, shall terminate 160 days after issu- ance. (b) Signs Licensed by the 9t,atA, A sign permit issued r by the City for a sign required to be licensed by the State Department of Highways and Public Trans- Statip ias mendedarticle hall be valid for xthRev, location designated on the application for one year from issuance of the permit so long as the sign is erected and legally maintained, It the State acquires the sign or the sign is removed for any reason, the permit shall terminate. (c) Mind Dayica Alas, A permit for wind device signs s The hall be valid for thirty (30) consecutive days. and autthorisesl appl to an* display of designated ewiind device signs on that premise for the allowed time, No more than three (3) permits for any one premiss shall be issued in any one calendar year, S, Revocation of Parma t amp A sign permit may be revoked for a violation of any provision of this article. The permit holder may appeal the revocation to the sign board of Appeals, It the State Department of Highways and Public Transportation revokes the license of an owner of a sign for which the City has issued a permit, the sign permit for the sign shall terminate when the license revocation becomes final, 7, Transfer of State Outdoor Advertising Stan Permits, Sign permits initially issued by the State Department of Highways and Public Transportation and now issued by the ,.wuraw~ 3 fw .,,.es nI 1 City for signs licensed by the State under article 4{77- th*r gat cily sapplication landete~oisnliled apart nd a if he proper City, pproved by the I ~T41J XVII. That article 17. D. 1. (d) of Aend of the Code of Ordinances is amended to read as followsx 9-Zoning (d) Xumbar of Gre end located on any 0_11g" ne presi O $as nl!'one rasnnd sig shall be follo (1) Any premise having frontage on more than one freeway, arterial or collector street may locate one on-premise ground sign in the defined front located wi thin th t areaithatt include.sh the io er- lapping front yards of both streets. (9) Any premise which has more than five hundred (500) feet of public street frontage on a freeway, arterial, or collector street may make use of one additional sign for each five hundred (500) feet of additional frontage on that street, or fraction thereof, morit each e than additional hndredi (40 ) feet is another permitted ground sign on the sass promise The distance between the signs shall be measured along the curblina, from and between the two p oiints on the curbline which are nearest the two sigs. Oroud8 ignsjNC! A That article 17. D. 1. (a) (Materials for repealed. PPendix B-Zoning of the Code of Ordinances is A1C2XQK_ - That article 17. D. Z. (b) of Apppeendix B-Zoning of the Code of ordinances is amended to read as followei (b) ry~n.i fd i ww . (1) Ground signs shall have a noxious effective area and maximum height based on the street frontage of the property where located, as followsi PAGE 7 r r 1 ' MX AY r 1 Maximum Street Frontage Effective Maximum Area Haight I.H. 35M, 3SE, or 35wi 250 sq. ft. 40 ft. Loop 288 150 30 other Primary arterials 60 20+ All other streets 60 6 *Except for the Central Business districts. (2) Any premise may make use of one on-premise ground sign of a maximum height of fifteen (13) feet and an effective area of one hundred twenty (120) square feet, in lieu of any two permitted ground signs. (3) For any premise which has frontage on a prima- ry arterial street and has more than one ten- ant or occupant in separate offices, rooms, or buildings, the effective area of one ground sign, if used to advertise more than one ten- ant or occupant, may be increased above 60 square feet by 0.3 sq. feet for each toot at frontage on the primary arterial, but not in excess of 130 square feet. SECTSON xx. That article 17 D. 2. (c) of Appendix B-Zoning of the Code of Ordinances is amended to read as followsi (Q) U11 Ground and projecting signs shall main- tain a minimum setback of twenty (20) feet from the curbline of any public street and a minimum setback of ten (10) feet from any side or rear y&W property line, except as follower (1) A ground sign may make use of a supporting structure for a ground sign that was lawfully erected on or before February 21, 1949, with- out regard to the side and roar yard setbacks specified herein, it the sign so placed would not violate any other provision of this arti- cle. (2) on properties fronting primary arterials, the minimum setback of twenty (20) feet for ground PAGE 8 M - 1~I r footstrom anbe ruced y cu bline,,pif to a the height of of the sign is no higher than the setback, (i.e., setback ■ is ft., height m is ft, or less). SEZTiON xxr That article 17 D 2 (d) of Apppendix 8-Zoning of the Code of Ordinances is amended to read as followsl (d) caatedron any Only onee pron-promise omise# except ground aa follows~ll be lo- (1) Any premise which has frontage upon more than one freeway, arterial or collector locate one on-premise street, may defined front yard of each rarterialgor collec- tor street, provided that neither sign is located within that area that includes the overlapping front yards of both streets, (2) Any ppremise which has more than goo Hrt o 1 Publio street frontage on a freeway, aerietalf or collector street may make use of one addi. tional on-premise ground sign for each addi- tional 600 feet of frontage, or fraction located' soreethan additial hundred (400) feet permitted another permitted ground sign on the some premise, The distance between the signs shall I be measured along the curblins, from and 1 between the two points on the curbline which are nearest the two signs. (See Appendix Illustration 110). U 0- K That article 17 0 2 (e) (2) of A of the Code of Ordinances is amended to read as lolplowws s-Zoning (2) IIijgjSI and 111111 e. - ad Any i root, or prnecting sign over ten (10) tent in height and any wall sign over fifteen (25) feet in height, shall maintain the follows any single family :oninqq district org prstback from operty used t^t a single family residence it the sign wauld be visible from that district or propertyi Ground er Attach ■ e Non-illuminated internally illuminated 100 lest Externally Illuminated 200 feet $00 feet PACE 9 r S 1 ww~ J f ~ The setback shall be measured in a straight tin, from the district bounds to the nearest r+lino or reridential structure A Portion of the s!qq Property line ripe shall be conrldir,d or Is su visible from a residential property or distriot seen from If the PPortinq six (6) feet above sign can be point on the Property ground level from setback shall not ay or within any temil PP1Y between the district, The a sign and a einQls- Y residence located on the same premise, r. sign U N x_ X-i=~. That article 17 0. Z ( ) Of 1lppandix 3 -2oning ct the Code o!(or d i nancria Is for ground ~ repealed, 1• Of Appendix 8-Zoning of the C-tp nanTh If amended to read as folio wrt sa is Of shall not extend litesigns rally beyond ~h~uexterior walls of the building and effective area as lollowrshalll have a maximum height and ~6_ot st_ orbs Maxinum i Lt1taLlyidtta ~ 2 s3# Of bldg. height 364 60 • 1 , 6 to 9 304 *b sq.lt, 10 to 15 254 234 16 or more 40 feet I *?or each story 1 area of the sinaMayebe incriasid be effective fast per story, to a maximum of 260 1S sfara Quare set. coda of Ordin Qe, That i ~ to 2. 26aOf Append, read x e-Zoning of the 2. follows: (b) A projecting sign shall not e..#tt,nd up. word t' aoheight greater than the higqhest part higher. ro or Y exterior wall, whichever is I 1 1j r~ SECTION XXVI. That article 17 0. 1, (c) of Apppandix B-Zoning of the Code of Ordinances is amended to read as followst (c) Effective Area, All signs on a single supporting structure shall be measured together as though they ware one sign to determine the total effective area, except that signs separated by more than 36 inches of air space at every point between the signs shall be measured separately and added together to determine the total effective area. SECTION XXVI14 That article 17 0, 2. (Abandoned Signs) of Appendix B-Zoning of the Code of Ordinances is amended to read as follows Z, Abandoned signs and supporting structures, The owner of any premise on which there is located an abandoned sign or abandoned supporting structure shall comply with the following requirementsi (a) If it is an abandoned, portable sign, remove it within thirty days of the date it becomes aban- doned, (b) If it is a ground sign that does not meet the miss, height, setback and other requirements of this article and is abandoned on or before June 1, 1991, the owner shall remove, modify or relocate the abandoned sign by June 1, 1992, as is necessary to comply with the requirements of this article. If the ground sign does not most the site, height, setback and other requirements of this article and is abandoned after June is 1991, the owner shall remove, modify, or relocate the sign within six months of the date it becomes abandoned, as neces- sary to icomply with the requirements of this arti- cle, (o) if a supporting structure used or designed to be used with a ground sign is abandoned on or before June 1, 1991, and th. abandoned supporting struc- ture does not comply with the current site, height, and setback requirements applicable to ground signs, the owner of the premise shall remove, modify, or relocate the supporting structure by June 1, 1992, as necessary to comply with those re- quirements, if a supporting structure that does not meet the site, height, and setback requirements applicable to ground signs is abandoned after June PAOE 11 } y • I}'MVt~ n. 1991, the owner shall remove, modify, or relo- cate the supporting structure within six months of the date the supporting structure becomes abandoned as necessary to comply with those requirements. In determining whether the supporting structure com- plies with the size requirements applicable to ground signs, the effective area of the can, frame, or similar part of the supporting structure that holds or to which the sign is attached shall be measured in the manner applicable to signs, except that all air spaces shall be counted. (d) Any abandoned sign or abandoned supporting struc- ture not removed by the owner as required herein, shall be considered an unlawful sign and may be removed by the city in accordance with the provi- sions applicable to the removal of unlawful signs. (a) As used in this section, abandoned supporting structure means the poles, beams, cables, or other materials that are used or once were used to sup- port an abandoned sign. (f) It a ground or attached sign that conforms to the regulations of this article is abandoned, the owner shall either remove the sign and supporting struc- ture so as not to be visible from any public right- of-way, or paint out or cover the message portion of the sign so as to leave the sign and supporting structure neat and unobtrusive in appearance, with- in ninety days of the date it becomes abandoned. SECTION XXVT11, That article 17 0. 3 (Clearance trot Elea- trical Lines) of Appendix e-Zoning of the Code of ordinances is amended to read as followss All signs shall comply with the provisions of the latest edition of the National Electric Safety Code. SECTION XXIx. That article 17 4. 3 (Sign Mintenance) of Appendix 0-Zoning of the Code of ordinances is amended to read as follows 3. Maintenance, Sian It shall be unlawful for any person to erect, locate, or keep any dilapidated or deteriorated sign. i C y cw R:wp 1 1 SECTION -Me That article 17 0. 6. (Wind OeVicG Signs) of Appendix e-Zoning of the Coda of Ordinances is amended to read as follows: 6. LIM The provisions of this article regulating wind device signs shall not apply to the following: (a) State or National Flags, No permit shall be re- quired to display one national or one state flag, or both, on any one premise. If the exempted flags are displayed on flagpoles in the manner of a ground sign, the number, height, size, and spacing requirements applicable to ground signs shall not apply, but the flags and poles shall maintain the required setbacks for ground signs. (b) Premise Identification Flat, No permit shall be required to display one flag on one premise that identifies the person, organization, or business, or die lays the logo, trademark, emblem, slogan, Snsignla or similar identification of the or or occupant. If the exempted flag is displayed on a flagpole in the manner of a ground sign, the number and spacing requirements applicable to ground signs shall not apply, but the flag and poles shall main- tain the required setbacks for ground signs. The exempted flag shall have a maximum effective area Of fifty (50) square feet and a maximum height of thirty (30) feet, unless it is used on the same flagpole used to display a national or state flag. sECrION YI. That article 17 0, 7. of Appendix B-Zoning of the Code of Ordinances is amended to read as follows: 7. Wind Loads. All ground, projecting, and roof signs shall be designed and installed to withstand a wind pressure of net less than twenty (20) pounds per square toot of area and shall be constructed to receive dead loads as requirsd by the uniform Building Code. SECTION II, That article 17 0. (Special Provisions) of Appendix B-Zoning of the Code of Ordinances is amended by adding a new paragraph 9, to read as follows: 9. InfL jUq_, vices, The following regulations shall apply to any balloon or other type of inflatable device used as a sign: PAGE 13 f F 1 (a) It shall be securely anchored at all times. (b) It shall not extend to a height greater than thirty (30) feet above ground level unless it is attached to the roof of a building, in which case it shall not extend more than ten (10) feet above the high- est part of the roof. (c) It shall not be allowed to extend over any public street or right-of-way or over any other property not under the control of the permitteo. G. SCION XXXIII. That article 17 H. S. (Nonconforming Signs) of Appendix 9-Zoninq of the Code of ordinances is amended to read as followsi S. Destruction) Repair, (a) Any nonconforming portable, attached, or ground sign, including its supporting structure which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired, or renovated, in whole or in part, if such replacement, repair or renovation would require an • enditure of monies in excess of sixty percent (600) of the reproduc- tion cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, dam- aged, dilapidated or deteriorated. No person shall repair, renovate, or alter a nonconforming sign without first receiving a sign permit. SECTION XXXIV, That article 17 of Appendix a-Zoning of the Code of ordinances is amended to add a new paragraph X, to read as follows$ X, SPECIAL SIGN DISTRICTS 1. JMXI~• The purpose of a special sign district is to allow properties to deviate from the sign regulations of this article if a qualifying property has an alternate comprehensive plan that is clearly superior to what could be accomplished under standard regulations, 1, and plans, Any person requesting the orea- t onof a pecial sign district, or amendment of a sign district, shall submit an application, the fee and the required plan, along with any other information specified by the administering department. PAGE 14 1 ' S.A H'n u~ 1 7. Sias Plen. The sign plan for the district shall show, in ; the form and manner speciand fied by the Of all signs department, gqit setback, nd any other tthe lated by this article conditions, restric- tions, or regulations that will apply to the district. 4. Review of plan, in considering a district and sign plan, the Commission and Council shall consider, but are not limited to considering, the followings (a) Scale. The relationship between sign scale and site scale. (b) Color. The relationship of sign color to the color of property, buildings, and landscaping. (c) Material and Shape, The materials and shapes of i signs and how they relate to their surroundings, (d) Landscaping. The relationship of signs to land- scaped features in and outside the district. (e) illumination. The impact and coupatibility of sign illumination. (f) integration. How the signs in the district are integrated into a unified development concept with the topography, building design, landscaping, 1 traffic circulation and other development features, s. Cr4mjk&i,pn• The Council may approve the creation of a sign district for any property which has more than 600 feet of ' continuous street frontage on one public street if it finds the districts (a) Provides a comprehensive plan for signs that would be clearly superior to what would be allowed with- out the plant (b) Mould be compatible with surrounding propertiest t (c) is not being used merely to avoid or gain a vari- ance of the sign regulations) (d) Does not violate the spirit or intent of the sign regulations) and (e) Complies with the requirements of this section, PAGE 18 S 5 6. condition. 12RQUd, The Planning and Zoning Commission may recommend and the City Council may impose appropriate c the onditions concerning the placement or use of signs in the district in oandr surrounding then intent roof rtthis section. 1'~ocedure■, The procedures for approval of a sign district and thereafter any amendment of the district, shall be the same as those applicable to a change in zoning classification or regulations. a. Da■ionation on Zoning man. Property approved as a special sign district shall be shown on the official zoning map with the abbreviated designation "SD". SECTION XXXV. That the fees authorized by article 17 are established as followst I Application for a special Sign District $150,00 Permit for wind Davlce signs 20,00 Transfer of City Permit for Sign Licensed by the state 25,00 r i SECTION XXXV1. That the provisions of this ordinance are severable and the invalidity of any phrase, clause or part of this i ordinance shall not affect the validity or effectiveness of the remainder-,of the ordinance. 3 a1rcTjpX XW=, That any person violating any provision of thla ordinance shall, upon conviction, be fined a sun not exceeding shallOconstitute aa~api ate andidistinct offense Hance is violated i 5..~XYIII• That this ordinance shall become effective fourteen (11 days from the date of its passage, and the City secretary is Lereb directed to cause the caption of this ordinance to be published twice in the Denton Record-chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, I PAGE 16 t n r w.~ i s i PASSED AND APPROVED this the day of , 19914 900 CASTLE9ERRY, MAYOR ATTEST! JENNIFER HALTERS, CITY SECRETARY eYt APPROVED AS TO LEGAL FORKI DEBRA A. DRAYOVITCH, CITY ATTORNEY 9Yt i , { `I PAGE 17 a i DATE: 4/02/91 CITY COUNCIL REPORT FORMAT TOt Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: PRELIMINARY AND FINAL REPLATS OF THE TNBC ADDITION: FROM LOT I AND ADDITIONAL UNPLATTED LANDS INTO LOT 1R, BLOCK 1. RECOMMENDATION: The Planning and Zoning Commission recommended approval, 4-0, at its March 20 meeting, SUMMARY: This is a 6.4828 acre tract located on the south aids of Hercules Lane, west of Stuart Road. Improvements consist oft one existing ! curb opening will be closed with curb and gutters two additional curb opeaings of 24' eachs approximately 591 feet of concrete sidewalks and approximately 130 feet of new curb on Hercules Lane. BACKGROUND: ff The property is zoned single family (SF-7) and development is 'E 1 anticipated as an addition to an existing place of worship. City services and facilities, including water, gee, sanitary sewer, f telephone, electrical, and solid waste, are avcilable. The replat conforms to the minimum requirements of the Denton Subdivision and Land Development Regulations. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: N/A s FISCAL IMPACT: i N/A F I I1y subm edt 1.6 r P pa d ( o P. Harrel 1 City Mansger G. Owen Yost, ASId L Urban Planner V ; I Ap ~ ra It H- Ro a , AICP Executive Director Planning and Development 3587] F II v 4 P 91-005 PROJECT: T.N.B.C. NORTH An UL A TII lil mocum SITE Flu CT. ~ ~7® mnrroa u ~ c L m rt(Nrot 4 r V_ a~ o a a rii«N a 40 0 p ~ ~ ~ ~~M ~NTIOM a a ao z 1 C~❑ C~ C~ SCALE: NONE DATE: 3/14/91 I 1 r~ I P 91-005 NORTH I PROJECT: T.N.BYC- \ _ f.l m1 rri\. _ NON40 [SOY. p Nmfo Yf. luM NT. . fIf/ . ._1l r NWfr MI ha W f~~l nYf N4 H _ _ - 1- • - r . to e ING PARKING I ` O r• W N LOT i I sti i W - K 1 uIt r, ro 1lr, rAl> r tot ExViNO OUilOiNG y1~ r`f r ' W. rAr LOT 1 R j;~o,E„ 11, B ! ~~'k suN v r N I ( b.4828 ACRES) , \.a o. Lot ZONING SF"7 hr°v tit LOrAIfl /d/ lW v SF-7 yj kocx E $.89' $r 'NAt . us a r~ Wr 1 koa a I 10T 10r iot n, for t r rf for to ti I 1 ' Preliminary Replat SCALE: NONE DATE: 3114191 1 I a awl a p 91.005 NORTH PROJECT: TXB.C< TOWNS NORTH ADMTM rest' SE 100E NORM AODinON TMltD SECnON CAB. A~PC111~ P,A. HERCULES LANE QOiNT-OF 'd _ BECINNIN f f, G• N ' 3 - - ' - ' _ is' _ i < bl .m I Ito I fee 1 CA1jNE1 r, PAC[ 356,P,A, q lit 31 I LOT 1 R i ~ b BLOCK 1 b M i O 1 i J S.a7 39' 11' W. 562.1 r WON SUN VALLCr ADU~ IouRTN stc DON nON VMS I 1 k i ArulA I,IrE+ 1 I v 1 Final Replat I i DATE; 3114191 J SCALE: NONE 1 „i 4 rew,wn~ 2651L-1/3689 ` NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES Olt SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, 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 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, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS i SECTION 1. That the numbered items in the following numbered bids or ma erials, eqyuipment, supplies, or services, shown in th- "Aid Proposals" on file in the Office of the City' a'Purchaai",; Agent filed according to the bid number assigned thereto, era hereby accepted and approved as being the lowest responsible bids s for such items: BID ITEM NUMBER NO. VENDOR AMOUNT 1230 -All _ WrMCH Ewfpmw M_ $79,200.00 - 1235 _ YjAn" s arose ca i I i + V41 z a SECTION II That by the acceptance and apyyproval of the above es agreesffto m _ submitted ss of or the such servicacts the o the persona submitting the bids purchase the materials, equipment, supplies or services es accordance with the terms, specifications, standards quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. Cit SECTION I a II. ccepted That items shouldand hof the submittedo bide uwi hits approve enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids the City MannF or his designated representative is hereby authorize provided a ethat the written contract whici sa cordance tt with dtherterms, conditions the written contract specifications, standards, quantities and specified sums contained in the Bid Proposal and related bid documents herein approved and accepted. SECTION IV. That by the acceptance and approval of ihehabove numbers ems of the submitted bids the CC city Councl authorizes the expenditure of funds therefor in the amount and in written accordance with the approved bids or pursuant to a contract made pursuant thereto as authorized herein. ' SECTION V. That this ordinance shall become effective „ imme ate y upon its passage and approval. ~ PASSED AND APPROVED this day of 1991. j 85 CA89'LEBEMY, MAYOR I ATTEST: t I 7-EAR2 R APPROVED AS TO LEGAL FORM: { DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY i BY: i PAGE TWO 'F ~Wj a y.~ r r !J1 L6 s • WYO DATES April 29 1991 CITY COUNCIL REPORT TOs Mayor and Members of the City Council FROMs Lloyd V. Harrell, City Manag%~r SUBJECTs BID #1230 - BORING MACHINE bbiidderrflflWitchtljEquipmentrecommend Co, Inothis biin btheawarded total tamount only of $79:200.00. flytltldflYs This bid is for the purchase of a trailer mounted, diesel powered, guided horizontal °luid boring system with an extended range boring device for trerchless installation in a variety of soil conditions. The boring machine will be used by the Electric Distribution Department for underground borings in areas where space for a boring pit is not available. J"jQ2DVfi2s Tabulation sheet, Memorandum from Ralph Klinke. PB~4fl1tl$_LEPAflTtl&11T__Qfl_9BQYES__dFFES~TEIl~ Eleotrio Distribution Department. FIB.QAL_JtlZAGTi Funds for this purchase will come from budgeted account 0610.080-0252-9232. Respectfully submitted: f k ~ I L oyd V. Harrell City Manager Approved: 87____ Names ee Harpoo] - - Titles Lenior Buyer DH/jh 1D1.DOC f, f ' I rl v kF/] A CITY Of DENTON 1215 E. McKinney / Denton, Texas 76201 ' M E M O R A N D U M T0~ 1 R. E. Nelson, Executive Director of Utilities Ralph Klinke, Superintendent, Electric Distribution r FROM DATE: March 27, 1991 SUBJECTi BID 1230 - BORING MACHINE G; The Ditch witch "Jet Traci' Extended Rangeis equipment Fluid-Assisted, Guided Boring System. will bore h2.25" to 8" e guidance system eiswdetectable tonatdopth to The g are somto characteristics of this of 15'. The following up machine. See attached brochure for additional specifications. vaa~avv.vvvrwvvasa.vaaw vmw pO1O installs `1~000~linear~feet of Electric Distribution normally underground conduit on street crossings and replaces an esid average of 1,500 linear feet of Dentontper years Wee expect to commercial areas of thanaiquantity to approximately 1 mi/yr increase availability resent method of construction uses replacement of conduit. The p is not a fluid/mechanical cuttin to machtne accomplishtthe desiredfresults. The contntrolrolleded#, or t re renching hing construction Practices used are extremely expensive compared to a new type of sur face controlled boring not require the large avainabl marhet, This machine does boring pits machino required. surface type of An estimated cost comparison per linear foot of each construction now in use, and the new type controlled boring machine, is shown below. Cost per Construction Labor Street Cut Concrete Landscaping Linear Ft Ty~e E ui ment Surface Re Backfill ;16.40 Boring- by contractor ;1,61 Trenc ng street ;3.04/ft ;5.04/ft ;14.611ft crossin Trenc ng ;2,04/ft $ 5.00 ;3.00/ft residential Sur ace ; 1,45 t controlled f■ boring/rasi- ;1.45/ft dential/street crossin S 1 al 1 BID 1230 - BORING MACHINE Page - 2 - The above costs do not include the i,iconvenience to our commercial or residential customers, nor our liability or danger to the j citizens of Denton caused by the present required construction practices. The surface controlled boring machine is recommended for use in all required boring in residential and commercial areas of the city, which would improve customer relations and result in a substantial savings in construction costs. i Residential savings - 5,000' X (5.00 - 1.45) a 17,750 Street crossing savings - 11000' X (16.00 - 1.45) 14,550 The Annual depreciation of the new machine will be .($19,800) Net Savings ¢12,500 We feel that we could sell this service to the cable TV company at the cost of $3.00 per foot X 5,900 feet of cable conduit, or $150000; less our expenses of $1.45 per foot X 51000 feet of cable conduit, or ;7,250, this would result in additional revenue of ;7,750 to offset the capital cost of the machine. Other uses for this machine have been suggested, such as: 1. Installing streetlight underground circuits in the middle of a block where easements cannot presently be obtained. I 2. Replacement of overhead crossings that serve I underground distribution to eliminate clutter. I 3. Possible use to install plumbing for a ground water j source of heat pumps. II 4. Use for other departments for street crossings. I RJK;gb 03261171 i j -Row T~ S } y BID f 1230 I I BID NAME Boring Maohine I WITCH EQUIP, j CO. OPEN DATE Maroh 19, 1991 I I f I GTY------ITEM DESCA-- -I -------I f w I-- -I---- IPTION I VENDOR I f 1 f 1 I Boring Maohine ar -----i-------- a P speoa i $190200.000 I I I I ~ ~ I I I Delivoryr ( 30 DAYS j t i a.: r i i i r i j gyp. . tt/ n DATEi April 2, 1991 CITY COUNCIL REPORT ; TOs Mayor and Members of the City Council FROM$ Lloyd Y. Harrell, City Manager SUBJECTS BID 81235 - FIBER OPTIC CABLE flE~4MME?1pATI>?bs We recommend this bid be awarded to the low bidder Yeager Sumner Aseoo. in the total amount of 119,912.00. JUMMAAXi This bid is for Fiber Optic Cable and connections to C' replace existing communications cable between City Hall, Servioe Center and the Steam Plant. It will be cost effective to replace this cable during the Electric Department's overhead to underground conversion project in progress on Bell and McKinney Streets. $A&5 AD992i Tabulation Sheet and Memorandum from Don Byrd. Yfl94SAMAa_~EPA9TM&bT_QB_4945[P~_ALL5~TE1ts Electric Communioatione. F3S~AL..SMPA~T~ Funds for this purchase will come from budgeted account number 610-080-0254-9227. Respectfully submitteds r_.._rr_rrr rr_rrrrr 4 V Li d Y. Harrell City Manager Approveds .A.~..+OVY 7 O~LC Names Denise Harpool Titles Senior Buyer DH/jh 140.DOC i jj `i --T i BID P 1 235 I I 1 BID MW I I I i I Fiber OPtio Cable I Mimi i OPEN M1E YSA ~ FYTFIL I Simon j _ Huth 19, 1991 j I I Max I 1 izfrll QTY I ITEM rFSCRM7CN I f YE7DOA I 'ROR i VF jR I `14000' f I 2 ly 136 Fiber Cable i WB 4.75 3 IDW a* I 6•19' I 5.i6' I I-- 1 10,82 I 38100 I 43.00 3 1 3 IVlable clevid I 60.00 1 5----____ 30.00 f 4 1 6 jUn claWe 30100 I ~ f I 5.61 I 38.00 C' I 43.00 I 12.00 I Cable t~nu(l,et I WA I awc . I- I FY"fFlt I SIEI)OA f I DaUm7J f 14 DAYS I 28 DAYS 1 4.5 ~ DOTAL 112.14 Ew I WA I 19,912.00 I~ 00 I.."`-III ---1 210012.00 f A' j j I i i f i 1 1 I I I C I I I r. 1 'b r' :1 1 7 1 CITYolDENTONMUNICIPAL UTILITIES / 901•ATexasStreet / Denton TX78201 i M E M O R A N D U M T0j Tom Shaw, Purchasing Agent FROMi Don Byrd, Foreman, Communications DATEt March 25, 1991 SUBJECTi FIBER OPTIC CABLE BIDS i ■ua~rrr~~a+u~~asar~i~us~~■=ad~a~~u~~osanssr~rar~rur■ f After review of bids submitted for Fiber Optic Cable Bid 01235, I recommend purchasing from Yeager Sumner Associates. This cable meets the minimum requirements specified by the City of Denton, and YSA is low bidder. This cable is necessary to replace Hall to City Service Center and SpencertPlant, ThisoisCdue to the street project under construction at Bell and McKinney. DBIgb 03251133 w ; ~ i i Par Minutes JRAFT MaCCh 6, 1991Page 6 ^A 1 Motion was seconded by Mr. Engelbrecht, Mr. Appleton said that at least the motion made tho 7 ordinance equal, Aesthetic views should not get in the way of the property owner. They have some rights. If there are j persistent problems, then this section could be added back to the ordinance later. But the main issues seem to be safety and aesthetics. Mr. Engelbrecht asked why aesthetics are the first issue realtors bring up when they try to sell your home if they are not important. Mr. Appleton paid that the city should wait and see how persistent the problem is, Mr. Engelbrecht asked if parking trucks in the driveway was legal under the old ordinance. Me. Carson said no. Ma. Brock said that there are other city ordinances that deal with aesthetics. There was house on her street that had a weed patch of wild flowers. Most of the neighbors viewed it as a weed patch, only the owner thought it was beautiful, The city ordinance regarding mowing weeds was applicable to the patch. i i Motion carried (3-2). Mr. Appleton and Ms. Brock voted no, Mr. J. Holt moved to recorr.•,.id approval of the proposed ordinance, Motion was seconded by Mr. Engelbrecht and unanimously carried (5-0). 1 Mr. Appleton moved to amend section C, 2.A by adding trailers temporarily parked for construction or repair work. Motion was seconded by Mr. Engelbrecht and carried (4-1), Mr, J. II Holt voted no, V. Hold a public hearing/work session and consider amending the f Sign ordinance. k Staff Reports Mr, Robbins stated that the last time the Commission discussed the sign ordinance there was a concensus that multiple occupant signs 15 feet tall and 150 square feet would not be desirable on secondary arterials. That issue needs to be discussed, Staff is proposing a sliding scale for multiple tenant signs on all arterials. The more frontage, the larger the sign, He explained the staff proposals and options to the Commission. mow' 146 r y1 • DRAFT PS2 Minutes March 6, 1991 Page 7 After discussion, the Commission agreed on the following: 1 1) They were opposed to letting properties be combined in i order to have a larger sign. 2) They wanted to see an ordinance at the March 200 1991 meeting. Primary signs. 31 erials for scale multiple b appropriate On c' 7 art 4) A maximum size of 20' X 6;1would be approppriate for multiple occupant signs on , ;ondary arteriale. 5) The maximum size of a grounu s.gn should remain 6' X 60' on secondary arterials. 6) Distinction should not be made for inflatable wind devices. They should be regulated the same way. A11 sizes of wind devices should be regulated the same and 14 days is not an appropriate time span. andubuy largepeople Mr. becauseetheyadon't haguelattoicompeons mmoneHolt flashy signs. Mr. Jerry Cott stated that there are two types of purchases, anned . Their and the impulsive, That is wh are the signs { Mr. Holt said that if there are special circumstances a sign district might be an option. { 1 Mr. Engelbrecht left the meeting. j i bF~ Paz Minures II II t4arch 2U, 1991 Page 10 RAFT Mr. Holt arrived at the meeting, Mr. Appleton stated that after looking at the design, screening, and recreational facilities, he cannot see this property being developed as other than apartments or townhomes. The proposal is not maximum density and seems a suitable project, it is obviously not 'cement city". Ms. Morgan agreed. She said it would add to the area. Mr. Glasscock said that it is a good land use. The tract needs to be developed. The Commission hasn't approved many apartments lately. The occupancy rate is high and if the population is increasing, more apartments will be needed, He moved to recommend approval of z-91-002. Motion was seconded by Mr, Holt. Mr. Engelbrecht asked if that included the staff conditions, Mr. Glasscock said yes and that other conditions could be added. Mr, Robbins noted that maximum height is listed in the plan standards. Mr. Engelbrecht directed staff to look at directing traffic to both entrances, Mr. Holt stated that substandard housing is associated with the university. There hasn't been many new apartments lately and they will have a good effect. New ones force the others to upgrade or tear down or go out of business, motion carried (6-1), Me. Brock voted no, Vt. Hold a public hearing and consider an ordinance amending the Sign Ordinance, Mr, Robbins summarized the major proposed amendments to the existing sign ordinance, Bob Powell, 2815 Wilsonwood, stated that he is in favor of the proposed sign ordinance. He has seen how the existing sign ordinance has affected businesses in a negative E fashion. Employment and new businesses coming to town were also affected, Ono business had to paint over old signs, Another business changed the paint scheme on their building but not on their sign. The high school has a very appropriate sign that fits the building, but if they were to try to put it in today, it could not be permitted under the sign ordinance. He understands that the proposed ordinance doesn't address all the problems but it is a step in the direction of common sense. if new businesses cannot come to town then taxes on homes go up. A r 7W or~ MiP&Z nutes 1 Page 11 DRAFT Jerry Cott, Chairman of the Government Relations Committee of the Chamber of Commerce, stated that Mr. Robbins has spent a lot of time working on the amendments. The thing that needs to be emphasized is the sign review board, That will allow people in Denton to petition their peers ano get a fair hearing. The idea for sign districts is brilliant. They can handle unique problems, Tne argument in favor of 20' signs is that they eliminate the need for .ace changes because they are a viable alternative, Slick Smith stated that he is in the portable sign business. It is a hatJ chip on him not to be able to bring his signs in for one day to clean them up. Mr. Robbins has said that the public does not like his signs. They can buy them if they want. He has had a lot of people call him that feel differently. He asked the Commission to please put it in the ordinance to allow him to bring his signs in for cleaning. He has to put them back in the same location because that is where they are registered. He has people call him that want to put portable signs at their businesses and he has to tell them no, The Commission has said that they want to help businessmen, He is asking them to allow portable signs at grand openings for limited periods of time, Banners are not effective. Chairperson Brock closed the public hearing. Mr, Holt asked the sizo of the new American Crafter's Mall sign. Has Baker replied that it is li' height, The message is 8' tall and 12' wide, The area is 96 square feet, I Me. Baker showed the Commission slides of signs around town. The Commission discussed the proposed ordinance and the proposed sign districts. f Mr. Glasscock moved to recommend e sign ordinance. Motion was secondedrbyaMs. Morgadroposed Mr, Appleton moved to amend that the maximum effective area for a multiple occupant sign be 120 square feet. Motion failed for lack of second. Vote on original motion carried unanimously (7-0). Mr. Holt left the meeting, 2619x f r w. i 2651L-3/3689 NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WOR1(S 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, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction opublic works or improvements, as described in the F "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according., to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NtJMBER CONTRACTOR AMOUNT 1 IE 121A Myn GLn WITH aV19iT 1236 ORK0 Tarwgfliw_16nncravy_tNC .$51063.p3--- 1 I 'JJJ r SECTION II. That the acceptance and approval of the above t compe'fv'-e blTs 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 S ~s y~. eN.nnrs~ ~MfPAy 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, SECTION III. That the City Manager is hereby authorized to execute all 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 s cLfying the terms, conditiona, plena and specifications, standards, quantities and apecified sums contained therein. Ci SECTION IV. That upon acceptance and approval of the above compseElElve 5~da 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 immediately `upon its passage and approval, PASSED AND APPROVED this the day of , 1991. i i BOB CASTLEOMY, MAYOR ATTESTi { APPROVED AS TO LEGAL FORMI t DEBRA ADMIT DRAYOVITCH, CITY ATTORNEY BY, PAGE 2 1 i 1BIBIT A d eID dine I Coca """'Contract York Haroh 19, 1991 IILOTD OLOI Rebuilt Inlet I SMITI I (RRawq and Replace Top) I f I ITS D6sCRIrTIOY MITI yiN"~---DOR I a• _t' Inlet I I Rl1~ a Corer (IaleES I u 1,- i;"'« . I 1725.00 j ,00 I Inlet. ..W. I 1150 I f u~l--iioo-cc'I Reinforeie4 $t•ol ..............1,a,-,........... • •...ales................. 10...I..........j 1 10.30 I ........-..N....... I EA I 1900.00 I sax cut (thins Coeor•t•) - • L•••••••••I d. 161 Inlet -•••••••.•••I 1--•••-....I ..................1 13.50 I I 1925.00 f structural I Concrete I U ! Rebuilt .....L '"a •••~•••••••...I (Clam e) for Headwalls Exlall - ns Inlet (49clal)I I 1 •»I s. 41 Inlet .....1~.1 .1300.00 f N»....., td .117,000.00 Remove - ..N.. Concrete . N I rarea•at . N.I. AT - Id.00 • f b 'Inlet _ I a R•e0r• Concrete Curb A Outter- LR I I •..N 6..=°_la • '1•-..1~,000.00•I I - 12.50 U 1/7.500. 00 I Remove Coner•t••Driverar I ..I '1..NN._•-I d. 1D L . "I....... ._.I k I .r.... .......I u II?,500,00 31 1 1 N._..N........... NN 16.50 I Ial•t cite rre I.N.l-•»._.... Unclassified Excavating daratlon I t4 I 1U . 1 I .N.....« I.N. f......000 ........."60N........... 1--.I M. I cart....., 7" asphalt Pavement 1""••...I Detours aML4 $LOS 1 ( 1 I I Ihps D Patch Mater I ial) I !E 17s,00 + N"" (Op °tl•~................ I Ls I 1300,00 Caaere to ar......r........« I....1 0011(0(1.Og Iataerml Curb I...*(..........1 ran mxint I I • i r- 1. (Radius. Ete,) f COMP04........Curl.1. . I.I I I cutter, ~ D eo 50 117 Ede I m. 00 to 0 I \..N.......\..I et J 629.75 •r. I. I 290 f a I Ie.0o1 e. 9O tO IW tda N._NWI N.._N... )•...IY f et 7sa' to fooo~ Wk 177.00 I so'I .NW........... N.N I «...W.'•..N.....»«..N«..~.~ I, a, , 1 foe to to son le I• I..N....Nf tda e. 1000+ w.....,. N. 1 Q I It4.73 I yp f.«..r_. I a. N ..............«f.lr'.r.i 16.001 Id at AYQel• 1 Ig7et. -M•1YN. N.N.f 6" Yiaevells, $to (m•e ".1) I I e, Concrete DrireRa «••N .........r.....1 U 1 09.00 0 to 50 aq fdo I a! 1.. t' 1'D %Mali (01 to 61 I , so t..N ..............\....1....I...~9.tS_1 .................r, ,..."ODtl)«1\~ 1..1950.00.1 e~ \ioo~ee S~~•tda as, duaetien cox (oI to h) I tat ,o..... Ry.. I et t~17.oD 1N INNINNN\N. .u.N.rNNY\WN.NN_.rN Nr I.u.NNw R W tdd t1 Inlet I 1 I •..r.rw.NN... ..«..........I•Et.1 ..,ut .7s . I (C to 1' Depth) I 1 Concrete eldewlk Inlet let (00 ..................I,y,i11,000.00 I o. 0 to 30 34 Ede to 11 Depth) ••`••f ..Yr.....r 1 EI 1111130.00 I 1. ......I I 127.00 1 2o1•t (Of to 1. N.f. s0 to too Dq Ede ....I..«...2f,~ 11 Depth) ( r'""°••I f R llrl3sa.0o NMN.\..MM...............•. I Ito. ) .....\Y... N...M............ N. 0. to 1 i.......... I 701 talat (of to 11 DeDtb) I •I.....~...y.\I NrN00. r.•N0.~ a•. M.. r..r ..y. I1I.0D 1 ..~wN\NNNNr...N......NNN........ 5W. W.I ~adretee tle.MeNr•. J f•••••..r\+ • I. I 1179 f lbaadoa Ialet/AIZi 1'•"•'••••I ••.r...« 1 1n , hlD.00 I 1 f i I ' w A, Y a DATES April 2, 1941 CITY COUNCIL REPORT TOs Mayor and Members of the City Counoil FROHs Lloyd V. Harrell, City Manager SUBJECT: BID# 1228 - CONTRACT CONCRETE WORK RECOMMENDAT?ONI We reoommend this bid be awarded to the only bidder Floyd Glenn Smith in the unit prioes shown: tract work I/LM GLUT Reballt Wet I I I Cobar•t I-conI March 19, 1991 1 SMITE I (10110" and Replace Top) I I I I 1-.r_..._.1 14 Wet I RA 1 $725.0 «..Nw 1• W I1 ITm1 D66CRI2TION IUIIISITI~i .«.NN.. b. 6~ ula N 16A I 1600.00 I Rin6 a Corer (Ialsts) I L 1 1160.00 I •--NON""'~•""'~••••."~wL•N1~Y••«OOrI Nr ..wW I.W 1wwNYl e, 41 Inlet N«rWI U 1 "00»»1 Rstafoniae Stool I La 1 10.60 1 ..wu.wr...«»»«N. .rw»W».-- YI..NIr.._...-I A. 0, !slot 1 to I 1926.00 I wrwNrYNNNN.N..Y I.w 1.1Yrr..N Saw Nt italatta/ CoaonN) I V I 13.50 i AWM sbutlt baistiaS Inlet (Spootalll I a. a+ taut I u 112,004.00 1 Structural Compete I 1 I Nr.rYY.»YN.l•N.1..Y».YNI (Clue A) for Madwall• 1 CI 1 1300.00 I N•-----»r~' b. 6 Islet 121 11210060." I »N....rNY»NWYWYrY...M I.W IWY-~rI w.....» l.Y-I.MN.W.I 1-~--Wr Roaars Cabarets 9arowst I SI I 04.00 .Yr..,....... /o last 1 li 112,100.00 w...........Y.»......Y.....1....1...».....1 e. I„N I,wNN»I Room Cebante Curb a Gutter I V 1 12.90 1 ..........N«.......I..--1----------1 d. 10o Islet I 2A 1$2050.001 1 Rewera Compete Driveway I 1 I I Sidewalk I ST I 11.60 1 Inlat site Mslentlss I I 11!0.00 I rY.NM1.N. N.»rMMNNr.YY» I.w 1 •M.66. I 1 4aoluatft•d Laaentloa ICI 1 (6.00 04 ` ootowlrre (optima~S Staas a ( t.S 6300.00 I .r.Y»NwN.W...NUMM.»..I.w lrr»..Wr NMrw.INNIYNrN.wI 1 2" bpMit rareaat 1 1 I I (Typo D fatob Material) I TV I I76.o0 I Dawell•On Intodral curb~ IYV 1w $4.00 40baret• /sreMatNN.YNw I.Yr IYwN».r i w»»"...-••••»rNY 1 I Oenoret• Curb I Outter I V 100 1 (Radius, Ste.) a. 0 to 250 _ .r.•••1 b. 250~ tQ14441w..rr.wN.i V Irw.,4 fi. »0 to»50 30 I.rY..r.N..N1 31 1 62 b. so to 100 90 Tea i ss I 197.00 1 YWw'Y-'r .~l a. 1000, N up 1 V 1 $$•Do e. 100 to 600 34 Ida I $I I 121.75 ! ••••w••••`» WWW=•»•l•w••••»I .rw»N.YYYY.wN W.YY.NlYw IY Nw...l 1" Compete Drivom 1 I adluat Maahols a Inlets I I I a. 0 to 50 14 Ids I M I 129.2! I b, INNN.rN1 via/walls, eta (Soo SIr3) I Its I 62!.00 1 - NM.YMN.rN.N». N..N.N.. I.wlrNr.rrY..I b, 90 to 100 De Ida I 1 q7, 00 1 1, TD "Whole (09 to 61 Depth) I aA 1 1990.00 I "'NYIYWIN.N»w1 N.Yw»r..»r.»N.N»Y»-N 1w.I...1 e. 100 to 900 S0 Ids .»W....I a 1~- 121Y71 5'10!@ .lubaties lea (01 to 6') 1 VA 111,050.00 I At 0oaante Sidewalk I I N-.....Y.YYrY.....YrY.r..Y.. I NN I rw»»» 1 14 Inlet (0f to of Depth) I Y 141,000.00 I a, 0 to 10 Sa Us ~ 4-, $21 0 1 ...».N.Y»N.....Yw.»YN 1.W I.... NN»I r-II.wN»N.~.-. Islet (0~ to 6~ Depth) I SA 111,150.00 1 W. So to 100 Id Ida I K I 120,29 I let (01 to 61 NN---».«rI..N1•w.r.W1 -.w'--`ww»rl.N.lYw....-.I 6~ Ta)st l0~ to V Depth) I LA IV 1ISO " I a. 104 to $000 844 Idds....»....~ 1 01.00 1 .......N...Y....Y«.........NI.N.1.Y......Yr1 ...........»..Y ) if I 129,25 I 10~ inlet (0~ ee 6~ D•ptnl ( to 161,500.00 1 Compete Rip-ho ....N.1.YY.I.N.......1 •.r....r...Y.r......r NYNYYW.»N»N.YN. lbaa0os Irat "teral I SA I 050.00 1 .......w». Y.NN....».»N. N..w.N N.. i "Owl ' I CITY COUNCIL REPORT APRIL 2, 1991 PACE 2 OF 2 ,VJJ SAEYs This bid is for an annual contract for miscellaneous concrete work to be preformed by A contractor for any city department needing concrete repair or replacement. Any job exceeding a $10,000 satimate may be bid separately. This contract expenditure last year was approximately $30,000, Although there was only one bidder, the prices bid are in line wil-I recent bids, and Floyd Olen Smith was the successful lox bidder last year. JA21Q24VH2 1 Tabulation sheet. Efl44EAtl5~_~EPABTMEdT_4B_48~liPfl_6FPE~TB~s All departments. 1112AL_INZAIl1sFunds for this contract will be from budgeted 1 repair/maintenance or Capital Improvements funds, Respectfully aubmitteds Al 4dV r rell City Manager Approveds Names Denise Harpoo Titles Senior Buyer OR/ jh j 139.aoo i i V T ~ r t g r4 BID 11228 I I Concrete--Contraot York I.'LOTD GLEN1 Rebuilt inlet March 19, 1991 1 SMITH I (Ramon and Replaoe Sop) I I ITEM DESCRIPTION IUNIYI TV=R I a_--.....let -.._.1 EA ( $725.00 I I_I 1 b. 6' Inlet Ring A Corer (Inlets) 1 EI I $150.00 ! I EA I $800.00 I Isles Reinforcing Steel I LB I 10.90 I I EA I 1900.00 I -1---.1°°.-««1 d. 10' Inlet -------L«.I------"--I Saw Cut (Existing Concrete) I LP 1 /3.50 I I EA 1 $925.00 I I---.(...._.«..I .....=----I---------I Rebuilt Existing Inlet (Speoial)I I Structural Concrete 1 a. 4' Inlet -_-I EA 1$2,000.00 I (Class A) for Beadwalls I Cy 1 1300.00 1 I.... I.......... I Ra= ConareEe Pavement « I Sr I' ".Do I 61 I EA 112,000.00 1 Remote Coach to Curb A Ouster- I•Lf I• --12.50 j -___e.-Inlet - -~~~~-EA 112,500.00 1 Remora Concrete Driveway i - ----------I d. 10' Inlet I EA 1$2,500.00 1 - »---...»_...__.1--.1_~..._..I Sidewalk I ST I $6.50 1 Islet Site Preparation I EA 1 4150.00 1 xcavation. ICY---------- Yarning Sagas 4 - I .I_ «..I Unclassified Excavation---- 2" Asphalt Pavement 1 1 --"""'I Detours (Optional) 1 LS I $300.00 1 (Type D Patch Material) I IN 1 $75.00 1 Dowa11-On •Integral Curb--•---- -I LIP .000.I 1...1..._.....1 I $44.0 I i 6" Concrete Pavement I I I Concrete Curb A Gutter ( I I (Radius, Eta.) a. 0to 50 Sq Ids I SY I $29.25 I '--..._~..~~«~0. I LP I 11.00 ! L...I 1 b, 50 to 100 Sq Ids I Sr 1 $27.00) 250 to 1000 1 v I $6.50 i «...L_.-1-------- ..I o. 1000' up -..1_..._«---I c. 100 to $00 Sq Ida I ST 1 124.75 I I LI I $6.00 1 ......................1..._I."------_I 6* Cabaret@ Driveway I t Adjust Manhole 4 Inlets I 1 I a. 0 to 50 Sq Yds Yingwalla, ate (see SP-3) 1 EA I $25.DO 1 «.........._.I ST I $29.25 t «.-«--L.»1----------I b. 50 to 100 Sq Ida sT ...L..27.00 ) f $ 127.00 I 4' TO Manhole (01 to 6' Depth) I CA 1 $950.00 1 ».--'-•«-"'.•••.--•«I•---I ---1 0. 100 to 500 34 Ida _ I. -$24.751 S's5' Junction Box (0' to 61) I EA 1110050.00 1 «...._«-......w I ....--...«....»»«..«I.... ( -«---1 40 Concrete sidewalk t t t 4' Imes (0' to 6' Depth) 1 EA 111,000.00 I a. 0 to 50 Sq Yds I SY I I---- L.--------I $21.00 I Isles (0' to 6' D. eh) P I EA 111,150.00 I b. SO to 100 Sq Ida 13T _ - I--- I'---..» I - - I 120.25 1 6' Inlet.(0' to 6 Depth) •I- -I----•»..-I I EA 111,350.00 I 100 to 1000 34 Yd. I L._.1....... ...1 I $Y ! 116.00 I - ».1....1. ! 10' Isles (0' to 6' Depth) ! EA 1111500.00 1 Concrete RIp.Rap I SY I 129.25 ( ' - 1....1..........1 Abandon In1eL/Latsral I EA I 12SO.o0 I i i i F~ 1 DATE: April 20 1991 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager SUBJECT: BID 61236 - HIGHWAY 380 IRRIGATION It 11MUMAT.1911: We recommend this bid be awarded to the low bidder Greg Thompson Landscape Inc., in the total amount of $58,362.92. G: PgMMARX: This bid includes all labor and materials to irrigate, with sprinkler systems, the medians on US 380 from Malone West to I-35. The Utility Department will complete the boring and casing of waterlines for the project at an estimated cost of $79000.00, a savings of $30000.00 over the lowest alternate bore bid. The general fund will be charged for this work. PB~xg,R4gr~P: Tabulation sheet and memorandum from Frank Robbins. HD92AM~~_PEPABTMEiiT_QB_S~B4l~PP_AELLCUPI Planning and Zoning. E~PS~A4_~MYi~T: This project will be funded by 1985 Bonds. Respectfully submitted: Lloyd V. Harrell - City Manager Approvad: ~ Names Denies Harpool J Titles Senior Buyer DH/jh 142.DOC I 1 AW - 1 r BJD 3 1236 I I 3 1 I I 1 1 BID NAME Hwy 380 Irrigation Projeet► GREG THOMPSON IA-1 INDUSTRIAL ► UNIPRO ► I LANDSCAPE INC I LAWN CARE 1 I OPEN DATE March 19, 1991 I 1 I I ITEM1 QTY I ITEM DESCRIPTIO14 I VENDOR I VENDOR I VENDOR I 1 1 LS IProjeot per specifications) $58,362.92 1 $80,161.88 1 $63,552.76 1 t------------------------------------------------ Bid Bond? I YES ( YES ( YES 1------------------------------------------------ ' I Addendum Acknowledged? I YES I YES I YES I I---------------------------------------------- ALT. BORE I NIB 1 $10,596.00 1 $16,260.00 1 - r E • t f i r I l CITY Of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MaKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE., March 26, 1991 TO: Tom Shaw, Purchasing Agent FROM: Frank it. Robbins, Executive Director 4 Planning and Development l SUBJECT: U.S. 380 IRRIGATION Based on my discussion with Lee Allison, Director of Water and Wastewater Utilities, we recommend that: 1. the bid of Craig Tnompson for $58,362.92 be accepted, 2. that the Utility Department complete required water line taps, metering, boring, and casing, and f 3. that $1,750 bonding be required. The Utility Department will com lete the boring and casing for an estimated cost of $6,000 to 7,000, a savings of $3,000 to $4,000 over the lowest boring and casing bid, and charge the I general fund for their work, r i ob ns AICP Il db 2625x 8171566.8200 D/F4' 14ETRO 434.2529 i .n , arY of DeNTON, MAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM i r , DATE: March 29, 1991 TO: Lloyd Harrell, City Manager FROM: Frank H. Robbins, Executive Director Planning and Development SUBJECT: UNIVERSITY DRIVE LANDSCAPING, MALONE TO IH35 W Following is a chronology, status, and schedule concerning the Department Joint venture Transportation, the State March 30, 1989 Council directs staff prepare application for cost sharing with SDHPT. July 11, 1990 ~ ( Council approves application and expenditure of $92,468 for irrigation. March 15, 1990 Council a f SDHPT approves minute order and contract with l for entire project. Total Y irrigation cost estimate developed by I SDHPT based on their experience: $55,460. September 1990 Staff notified that SDHPT will not fund the project in FY 91, October-November Local SDHPT and city crew remove old j 1990 median soil p I! cultivate and re lace with fertile soil, grade soil, and Plant rye +J grass. ti k March 19:1 SDHPT commits to bermuda seed and Parks commitsdito planting grass for summer grass, Planting seed 8171566.8200 DIFW METRO 434.2529 • M 4 WWI Memo to Lloyd Harrell A Page 2 March 29, 1991 March 1991 Irrigation, boring and casing bids let. April 2, 1991 Council to ; authorize utilitieaeto co pleteo boring and casing. Total cost to general fund to be about $651000 ($58,363 for irrigation contract and about $7,000 for utilities to t bore and case). May-June 1991 Irrigation project p rovides grass seed. Parks completed. gass. bermuda October 1991 SDHPT funds and begins to trees, ground cover, pavers and o buffalo grass. t; Staff is currently working with Jeanne Morrison in designing, 1 cost estimating, and fund raising for landscaping of the median immediately west of IH35 on University Drive. OoR ank Abn Cp dw Ii 2627x 1 r e M:fcat~ Y' 2651L-5 3689 1 NO. i AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FL4DS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. r~ WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the r items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following purchases of materials, equip- ment or suppl es, as described in the "Purchase Orders" attached E hereto, are hereby approved: PURCHASE ORDER NLMBER VENDOR AMOUNT ~ . 12454 ..88B= 'COUL s nyI .R $ I g o 191 A It 19166 R11ION WrfAL CORP, 0- 9AA.nn SECTION 11. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submittin;3 the quotation for such items until such person shall comply wtth all requirements specified by the Purchasing Department. SECTION III. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. 1 SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1991 { BOB CASTLEBERRY, MAYOR E ' f ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: j DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY { kk BY: f ( j VIV Mq DATE: April 2, 1991 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER /12766-UNION METAL CORP. $10,284.00 $EE4tSHESFATI4SIi We recommend this purchase order to Union Metal Corp. in the amount of ¢10,284.00 be approved. "MMAZI: This purchase order is for mast arms and luminaire for traffic signal poles. These items are being installed for the University of North Texas at their expense. A bid for poles and lights with these two items included, was received and accepted earlier this year, and Union Metal was the only bidder. 11ACE224!M Purchase Order #12766. HQUAMLL--_pEPAHIMES1 ---MM___AZZEMI : Transportation Engineering. EIIM-IMIAM Funds for this project will come from account t #410-020-NRTX-0001-9150 Welch Street Signals. Respectfully submitted: i I - - *ydV. City Manager Approved: I Name: Denise-Harpool I Titles Senior Buyer DH/jh 138.DOC - 1 q D PURCHASE ORDER N0: CONFIRMING ORDER PC 127 `6 es (IF MARKED) tL _ TMs number must appear ell invoices. sV$. DO NOT DUPLICATE cans. o denpac WQ s eases, clns, bboxes. ackSn slips and hilt,. Rey No: Bid No: Dater 0 3 20 91 Pape No. 0 1 NDOR PURCHASING DIVISION !DEN TON. TEXAS 16201 ME/ UNIi N TAL CCFP• BF7/38371000jWMETR0817l261-0012 FAX817a821692 ?•f_'• 0CX J,30037 DELNERY CCNFIRMATICN CKLY C25 DRESS R1CFtARUSONs TX 75033 ADDRESS ENG1114t:EDING £15 E. MCKINNEY DENTON• TX 76201 XPSILYN HANSCN ) K VENDOR NO. UN144J03 DELIVERY OUOTE9 03 25 Sl FOB DESTINATION TERMS { f 31 F.r?OD EA EKDCR CAT. #321- 11180 MFG NAME 19660.000 39320eC CITY N 9E892 201 MAST ARAI G 101 LUMINAIRE 0S 4.00'.} L'A EKDCn CAT* i36L 11160 MFG NAi1E 1e741.000 6.964.0 CITY 0 96862 351 MAST ARM & 101 LUMINAIR2 YFE 2 LGT AT ION Ssi 91-8129 ' • k t t ppA AND D AL TTppTTAl. S ``009 9 1~0 GR TUT i ! ~ 3i 410 020 NtlTX 0,301 9150 109284400 ENX7R INSTRUCTIONS: 3. Terms - Net 30 (unless aMrwiss 9vow ) Surd orVnat Invoics with dupkcate ooDy 4. Shipping Hiruolions F.O.B. Declination prepaid Ilhk9s o"miss wcife71 B,1 b - Accounts Payable 6. No "ral or stale sales tart "be kxluded 21'5 E. McKinney SL In prices biNd. VENDOR Purchasing Division Dnnton, TX 7f3 I nF'N ■ VI@P f ~ ' iec] DATE: April 2, 1991} 1 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM, Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER 412454- HERSEY TOTAL SERVICE $18,121.13 { EEQQdMEC[Il5Ti4li We recommend this purchase order to Hersey Total Service ie the amount of $180121.13 be approved. mold Style current conversion style of : This p", , One 6Rde& 8" tor the the echanical water cal - CT eater meters 3 3 s drive MCT 11. This price includes labor, conversion kit, testing and any repair parts needed. The conversion will update meters to have remote reading capabilities, and avoid higher repair and replacement costs in the future. This Purchase is a single source due to parts patents held by Hersey. JAQEQgQ.QHp: Purohase Order #12454. pgQIlgg~~y_pE~~flTtlEN.T_48_4HQl1PS_flEFli42Ep= Water Meter Department. Supplies from budgeted Water project Petering will c 10462-8335 this aocoun #620-08 ` I Respectfully submitted: I[ _ 4Y4-6~/s. rrelem , l City Manager Approved Hamel ~De~nia Harpool -1--- Titlel Senior Buyer DH/jh 137.DDC War f 1 T w. vL CONrIRMINO ORDER I I PURCHASE ORDER N0: (IF MARKED U This number muss appear on all PC 12464 DO NOT DUPLICATE elms, boxes, ppaacyk~q strops one bills Req No: Bid No. D Date; Page No. }I 03 22 91 Ol 40OR PURCHASING DIVISION / 9016 TEXAS STREET / DENTON. TEXAS 76201 81713917100 D/FW METRO 8 1 7/26 7 0 017 FAX 817/382 4592 ACI HERSFY TOTAL SERVICE t, TRESS SUITE 222 DELIVERY CENTRAL RECEIVING S28 500 No CENTRAL EXPRESSWAY ADDRESS WATER METER SHCP PLANC9 TEXAS 75074 901 B TEXAS STe i DEN7ON9 TX 76201 VENDOR NO. DELIVERY CUOTED FOB TERMS He R56002 03 25 91 DESTINATION E; b 11-j 6•00J GA ENDOR CAT. 01NTS54377 MFG NAME 1.079.700 6947892tI C CITY r 88045 316 CONVERSION FROM CT TO 14CT II )1 1.000 GA ENVOR CAT& afiTSE5377 MFG NAME 19208.570 102[8955 CITY 0 85045 41' CONVERSION FRUt4 CT TO MCT It 2.000 GA VENDOR CAT* &HTS°_6377 14FG NAME 19752e180 3.514.31 CITY 0 89045 6" CONVERSION FROM CT TO MGT It 0:) 1.000 GA EC CR CAT@ SH SCO50205 MFG NAME 109200000 19920.0, , i 8" CONVERSION FROM CT TO MCT it i ( Ot. 2Se000 GA ENDCR CAT• k N / A MFG NAME 114.500 29E6295: CITY READER 08 25.000 GA VENDOR CAT. 11 N / A MFG NAME 850900 291.4746t CITY # 69045 i GEN-A-READER- COUNTER I PAGE TOTAL 1 18:12191. GRAND TOTAL 1 18012191:1 :t 620 001 0462 8335 180121.13 I NUOR NS1 RUCTIONS. 3. Terms - Net 30 tt6,ku aft-mu pecmea l Sc d Original Invoke with dupllcafe copy. 4. Shipping InsIrucpons, FO S. Destination prepaid run*ms o1rurwim 0ez W) Oiu to - Accounts Payable 6. No lederst or stale sales tax shaft be Included 2 15 E. McKinney St. In prices Wiled. Pu c acing DIVisbn Denl~r% Tx ?OnI VENDOR I 1 w ta~esto 11 I ' A ORDINANCE NO. E AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE DOCUMENTS NECESSARY I , TO CLOSE AN ASSET PURCHASE AGREEMENT BETWEEN THE CITY OF DENTON AND WASTE MANAGEMENT OF TEXAS, INC., FOR THE SALE, TRANSFER AND ASSIGNMENT OF THE CITY'S COMMERCIAL SOLID WASTE OPERATIONS, SUBJECT TO APPLICABLE PROVISIONS OF ARTICLE IV OF THE CHARTER OF THE CITY OF DENTON, TEXAS} AND PROVIDING AN EFFECTIVE DATE. w THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS! G SECTION 1. That the Mayor is hereby authorized, subject to applicable provisions of Article IV of the Charter of the City of Denton, Texas, to execute documents necessary to close an Asset Purchase Agreement between the City of Denton and Waste Management of Texas, Inc., for the sale, transfer and assignment of the City's Commercial Solid Waste Operations, under the terms and conditions contained in the agreement, a copy of which is attached hereto and y made a part hereof. i SECTION Ii. That this ordinance shall become effective 1 immediately upon its passage and approval. PASSED AND APPROVED this the day of April, 1991. fII 1 BOB CASTLEBERRY, MAYOR I r 19 ATTESTS II JENNIFER WALTERS, CITY SECRETARY BYt i APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY t, Y A CITY of VENrON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (617) 566.9307 , Office of the City Manager M E M O R A N D U M TO: Mayor and Members of the City Council PROM: Lloyd V. Harrell, City Manager Gw DATE: March 29, 1991 SUBJECT: Proposed Sale of Commercial Solid Waste System ! Per Council's direction, please find enclosed two contracts f related to the sale of our commercial solid waste system to r Waste Management of Texas. The first contract implements the f sale of our commercial solid waste equipment and customer list 1 to Waste Management for $1.9 million. The second contract allows Waste Management to install a transfer station within the community and, in return, remit to the city over time an P additional $3.2 million. Although the provisions of these agreements have remained consistent with the earlieir documentation provided to the City Council, or have been improved to the city's benefit, the Utility Director and City Attorney have spent many hours negotiating final contract wording with waste Management. We will be prepared to discuss these documents in detail on Tuesday evening. The City council has four alternatives in disposing of this k issue. These alternatives with the associated advantages and disadvantages, are described below: G OPTION I REJECT BOTH CONTRACTS AND CONTIMM THE SUM QUO CITY AND PRIVATE COLLECTION: DISPOSAL I Advantages: i A. This alternative continues our current system and { does not require the city and/or any customers to make any changes in their operations. B. Free competition for commercial service would continue within the community. 1 Eiyr,ina~ V J1 Proposed Sale of Commercial Solid Waste March 29, 1991 Page 2 i Disadvantages: A. The two citizen committees which have studied this issue and the staff have concluded that this strategy would subject residential and commercial customers to long range detrimental risks in the form of prices and service. B. Following Councils announcement of its$ intent to sell the system, several private solid waste firms launched major marketing efforts within the community for commercial customers. Several of our commercial customers have terminated city J service as a result of Council action and these marketing efforts. The departure of these a customers, and others who may leave because of the related publicity, will have a further negative effect on the financial performance of the solid waste fund. C. This alternative would require the city to begin immediate action which would ultimately lead to the expansion of the city's landfill. At the same time, the city will be forced to deal with + Increasingly stringent state and federal regulations governing the disposal of solid waste, r D. The selection of this alternative would eliminate the profits in the amount of $40116,000 or $13,059.000 by the year 2005 associated with the other alternatives available to the city at this time. As Council is aware, these profits are ! earmarked to retire landfill debts and moderate future solid waste increases. Should this revenue source not be available, these objectives could not be realized. QP--TI--OH -I - d'~T BOTH CON~ra,ACTB AHD ova ~w..., ~ '~CLUSIVL ec~rrv.•mlOd OP RCI S~ ~-ASSUME ~nr E A.L I dvanta es: A, This alternative recommendations forwardodito Council by consistent Public Utilities Board and the Solid Waste Alternatives ' I Committee. i B. This alternative would result in fie desirable financial return to the city b t the most 2005 - $13.1 million. Y Year J 1 i r Proposed Sale of Commercial Solid Waste March 29, 1991 Page 3 C. Council would retain complete control over solid waste fees for both the collection and disposal of commercial and residential solid waste. Disadvantages: A. The financial return to the city during the next few years will be minimal and the cumulative net gain to the city will not exceed the "sell" option until 1997. i B. The financial gains projected are based on many cost assumptions which could fluctuate substantially at the time of implementation. It is for this reason that the staff has cautioned' that this financial scenario, more than the others analyzed, contain substantial uncertainties and the projection needs to be considered as "soft." C. This alternative would require the ci`y to begin immediately to deal with disposal alternatives and commit to be involved on a long range baste. D. The selection of this alternative will generate substantial community opposition from those who argue for free competition in the area of collecting commercial solid waste. i 9j?TION III ACCEPT THE CONTRACT MITE WASTE MMORNM FOR THE BILE OF OUR EOUIPMM AND CUBTOM R LIST FOR $119 MILLION AND REJE THE TRaNSF!!Ye aMSMTrua nnu~»ri..~ i (This assumes the city will direct commercial waste to the Denton Landfill at the same rate as currently is the case $3.00 per cubic yard and $3.45 effective 10-1-91.) Advantages: A. This alternative would provide the city with $9.7 million by the year 2005 (Scenario li3) to be used ~ to retire debt and moderate residential rates. B. This option would provide free competition for commercial solid waste within the community, thus satisfying those who argue for a free enterprise system. C. This portion of the sale proposal may be acceptable to most of the outside parties who have expressed an interest in this subject - Chamber of Commerce and the ad hoc citizen group. 1 . t ktvs.ly iE!§■ey Proposed Sale of Commercial Solid Waste March 29, 1991 Pege 4 Disadvantages: i A. Texas Waste Management has indicated that their $1.9 million bid contemplated their ability tor F their landfill in Therefore, Waste Managementsvma1e for disposal, i this contract if the city directsrafuse to accept r waste stream to out landfill, Sucho a rejection would Jeopardize their bid bond ($95000) but would place the city back at square one in dealing with our solid waste problem, 8. Waste Management has indicated that if they did ' accept this alternative, they would be required to M increase commercial rates immediatel competition within the communi y although an t may Increase y Y temper such C. The selection of this alternative still leaves the city with future solid waste disposal problems and f delays dealing with such. OPTIO- p IV ACCEPT BOTH COl4TR11CT8 j Rdvantaa„ee; , A. This alternative of $4.1 million bye the ates net income for the city which year 2005 the city to retire all landfill debt andumld allow oderate residential solid waste rates, 8. Although the revenue alternative is substantially less Et tha thin generated from the exclusive lecity n that alternative, the funds are received by service earlier and tend to be firmer bcauthe se city contractual commitments. C, This alternative would solve the city solid waste disposal needs for at least the next fifteen years i and avoid future cost and liabilities associated a with running a solid waste disposal site. D. The implementation of is alternat would j generate approximately $70000 annuallyivIn city, establish entschool the district taxes ax stationa within the city boundaries. r ; t ~ w r Proposed Sale of Commercial Solid Waste March 29, 1991 Page 5 E { Disadvantages: A. Of the $5.1 million due the city, approximately $2,5 million is tied to Waste Management's ability ` to permit the transfer station. Although this # permitting is not thought to be a problem and contract provisions have been included which will I help guarantee its establishment, there is still a risk that for some reason such a transfer station will not happen and the city will not receive all of the funds due under this contract. g. This alternative provides a transfer station that 1 i must be used by companies collecting solid waste i within the community. Such a monopoly disposal situation could weaken the ability of other solid waste firms to effectively compete and could leave Waste Management with exclusive control of the business.* I 1 C. The selection of this alternative does commit the city to utilizing a transfer station for future disposal needs over the next fifteen years. Thus, % the city would be prohibited from taking advantage of favorable alternative disposal arrangements f which may develop such as other area landfills and f technological impcovements which could enhance the possibility for waste-to-energy plants and other alternative disposal methods. " This "flow control" provision may be deleted from the proposed contract pending the outcome of discussions between Waste Management and the city staff. c a~ L1 y V. Harrell City Manager LH:bw 6295M i i F i CO December 18, 1990 Mr, Lloyd Harrell, City Manager City of Denton 215 S. McKinney Denton, Texas 76201 Dear sirs ofethe Denton Chamber of Commerce wouldRlike tosinfoorrm the G. City of our position regarding the bid process for local commercial and industrial solid waste collectidlh and ' disposal, Ws feel that the City Council and staff are to be commended for taking this sop of bidding to relieve the taxpayers from the burden of having to subsidils the commercial and industrial collection systems. Having been involved in this process since September of 1919, it is our belief that the best alternative for Denton businesses and individuals i■ the Request for I Proposal whereby the city would sell their trucks equipment, and customer list and allow a free market system to continue to oporate in the City of Denton. The reasons for our support of this particular R,F.P, 01181 r are as follows i 1. The business community would continue 2have a democratic choice when selecting their service I provider. 2. The competitive situation would cause the private contractors to provide responsive, innovative service techniques to give the customers the most effective system for their needs, 3. Pricing would be controlled by the market. Businesses would have the option to "shop" for the most cost effective system, Competition would drive prices and service toward maximum efficiency. 44 Through the licensing process, the business community would look to the City to ensure reasonable standards of safety and aesthetics. DWON CHAMBER OF COMMERCE 6- 4 14 Rt01Te0 PARKWAY P. 0. ORAWIA ► NNTON, TEXAb Tl202.1Tt9 TlL4P►gNE NT~t•Mtl . - . . i .14 Mr. Lloyd Harrell December 18, 1990 Page 3 Again we would like to reiterate our support retention of a empetit.ive situation in the commercial and industrial solid waste disposal service provided in the City of Denton and would sincerely appreciate your consideration of our position. sincerely, der~s ! Cott, chairman Covirnment Miations Committee cot Mayor + Council !Members h I .8. 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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SECTION 1. That the Mayor is hereby authorized, subject to applicable provisions of Article IV o! the Charter of the City of Denton, Texas, to execute a Transfer Station Agreement between the City of Denton and Waste Management of Tex,ss, Inc., requiring Waste Management of Texas to acquire, construct and operate a transfer station for handling solid waste, said agreement being a condition of closing of the purchase agreement for the sale, transfer and assignment of the city's commercial solid waste operations, under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of April, 1991. DOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BYs APPROVED AS TO LEGAL FORM' DEBRA A. DRAYOVITCH, CITY ATTORNEY ,,BY t r'~1 1 ti , 4 a t p CITY of 0NNTON, TEXAS MUNICIPAL BUILDING / 115 E. McKINNEY / DENTON, TEXAS 76201 _ MEMORANDUM TO: R. E, Nelson, Executive Director of Utilities FPG%1: Bill Angelo, Director of Community Services C11) DATE: March 26, 1991 SUBJECT: EXPLANATION AND EXPENSE ASSOCIATED WITH TE+(AS DEPARTMENT OF NfAI,TH CCDIPLIANCE SCHEDULE OF AUGUST 20, 1990 In August 1990, we were requested by the Texas Department of Health (TDH) to expedite the excavation and lining of an area of approxir. rely 201,000 square feet immediately adjacent to our existing certified pit. TL`1 was concerned that the gap in the slurry wall surrounding the site ! at the east side of the landfill might allow for leachate migration offsite. I According to our Site Development Plan, the lining of this area Along with the construction of the sidewall liners necessary to close the gap, j would have been accomplished at some future period in time. Based upon our current rate of deposition, we estimated that a portion of this work would have taken place during this fiscal year with the majority of work taking place in the 1991-92 fiscal year. Based upon TDH's request, all costs associated with this work will be incurred in this fiscal year. i Should the City Council decide: to close the landfill in approximately 16 months, the City will be required to request an c:aendment to the Site Development Plan and will incur additional costs associated with hand- Ling larger quantities of waste, These additional costs were included 1 in the pro formas fcr accelerated receipt of waste. I i 8171566.8200 D/FW METRO 131.2529 lA2/032691016/1 + w~ 1_~ i r EXPIANATION AND rXPD,'Sr ?.larch 2G, 1991 ~ Page 2 Costs associates! with the At?,,vst 28, 1990, compliance schedule are j estimated as follows: Piezometer installation $ 4,542 'Expense associated with required excavation and lining to date:, Lease of Equipment Transportation of Equipment 75,100 Diesel Repairs 4,841 Wages (Temporary's Pay and 1'578 Regular Ch,ertime) 14,888 Anticipated geotechnical 34,549 i ' Currently have leased a 623 self-loading scraper to complete bottom and sidewall lining requirements. Total expenses associated with excavation ajid lining estimated at $129,000. ge o s Wsc i J y I i ' lA2/032691046/1 1 i i t ~ CITY Of DENTON, TEXAS MUNICIPAL. BUILDING / 215 E. McXINNEY / DENTON, TEXAS 76201 ~ i MEMORANDUM ` T0: Bill Angelo, Director of Community Services f r i J j FRC61: Charles Watkins, Superintendent, Solid Waste Division DATE March 29, 1991 SUBJECT: LANDFILL MAINTENANCE COST The landfill budget for vehicle/equipment maintenance for this fiscal year is $129,518.00, ~ , I Maintenance expenditures through February 1991 are as follows: 78 Compactor 71 Intn. Water Truck $ 4,069 83 Intn. Scraper 7'786 85 Compactor 4,695 85 Track Loader 25,576 89 Track Loader 8,848 j { 86 J, Deere Scraper 11,059 29 287 TOTAL, TWO ik The requirement to excavate and line more area than had been anticipated in the 1990-91 Budget has caused an increase in maintenance costs because the e i - ment has had to be used more intensively. I' As you know, the 85 Compactor was burned when a contract maintenance worker was welding on the machine. Although it appears that the contractor's insurance company will pay for the repairs, we will have additional maintenance costs associated with the use of the 78 Compactor. - ' ar Asa ns C SW/sc i 1W2/032991112 8171566.8200 D/FW METRO 434-2329 i ~1 ar. CITY COUNCIL REPORT FORMAT Mayor and Members of the City Council T0: FROM: Lloyd V. Harrell, City Manager SUBJECT: No Parking on Shady Oaks RECOMM3NDATION: Approval ___SUM MARY= The ordinance is for No Parking' on the north side of Shady Oaks Drive from its intersection with Woodrow Lane - a point right- approximately 100 feet west of Woodrow Lane right-off -way line. BACKGROUND. D• When Woodr Lane erebuilt lanes0onstheg of the e intnt eastbound approach - one left-tern lane and one right-turn lane. This significantly reduced the width of the inbound lane from Woodrow to Shady Oaks. To improve the situation, staff the cub o the r corner to painted yellow extent allowed aroregulationrandn withnTUrboeRefrigeratingese n permisalon# extended the yellow paint past the limit allowed but leaving a space equivalent to a 3-car length unpainted. This has w Lane are a forrouteaeandetrucks.stillhhavedy Oaks and Woodrow :parked on the problems negotiating the calls with vehicles unpainted area. This request forTthe eliminationitf the { three-car space that was not painted. + easier for large trucks to transition into the single lane 1 inbound on Shady Oaks from Woodrow without interference from i parked vehicles. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: J Denton Police Department, large truck l Traffic Department, operators and the general public FISCAL IMPACT: J About $200.00 for signs and markings 1 I 0773E r k CTS§C Memo January 30P 1991 page 2 arkinq and loading zone issues are finalized. A hasty dec on 4 Id conflict with future positive decisions made for gusts pa ng management issues. ITEM t3 PENFWAL LOADING ZONES: Since Octobe 1, 1990, loading zones have bee ue for renewal for the 1990-91 fi 1 year. Staff has been wa ng for the conclusion of talks on the sad loading zone ord nce amendment. From the look of things, t may not happen til lute spring or early summer of 1991. A 1 of existin oading zones, ownership, and ' the amount due is given ow. CUSTOMER NO. OF ZONE OCATION AMOUNT DUE American Cleaners 2 221 Oak $150.00 Copy Tech Plus 1300 ckory $150.00 Denton Food Ctr 1 115 Sycam N/C Joe's Cleaners 1 109 Avenue A $ 75.00 McBride music 1 116 W. Oak $ 15,00 McNeil) Furn ure 2 104 W. Oak 150.00 I Ommicore, c. 1 225 N. Locust -00 Ritchie rniture 1 207 N, Elm $ 7 i ShIf t Finance 1 100 W. Oak $ 75, 1 Sh era Pharmacy 1 121 N, Elm $ 75.00 ea Custom sewing 1 216 W. Oak' $ 75.00 Thomas Furniture 3 Oak/Cedar $225.00 1 Staff recommends appro,74.- gra. ITEM 4 R>e"T FOR NO FAXJ IR,: Off' WAY OAX81 Turbo Refrigerating Company (TRCI is requesting no parking in front of their office building on the northwest corner of the intersection of Shady Oaks and Woodrow Lane. They may this is unsafe because it is too close to the intersection. A letter is attached from Dave Mill of TRC, Staff agrees with TRC's assessment, When Woodrow Lane was rebuilt two years ago, the Shady Oaks leg of the Intersection was modified to allow for two lanes on the eastbound approach - one left-turn lane and one right-turn lane. This significantly reduced the width of the inbound lane from Woodrow to Shady Oaks. To improve the situation, staff painted yellow around the curb on the northwest corner to the extent allowed by regulation and with TRC's permission extended the yellow paint past the limit allowed by regulation (20 i, feet for uneignalized intersection) up to the entrance of their office building. This has been effective for smaller vehicles. Both Shady Oaks and Woodrow Lane are truck routes and trucks (18-wheelers) Mill have problem negotiating the corner with vehicles parkeu on that corner. This request calls for the elimination of the three-car apace left on that corner. This vould make it easier for large trucks to transition into the single Ian* inbound on Shady Oaks from Woodrow without interference from parked vehicles. 1 r r /✓~Mi1R~ I t CTSSC Memo January 30, 1991 page 3 7 Staff feels the other requests for no parking on the same aide of Shady Oaks are corner clips that can be handled without an ordinance. Staff will work with Dave Hill and his staff to provide for adequate corner clearance for trucks on those entry and exit polnta. Staff recommends approval for an ordinance for no parking on the north side of Shady Oaks from its intersection with Woodrow Lane to the easternmost driveway entrance to Turbo Refrigerating Company. ITEM 15 GENERAL BUSINESSs f! Update on Parking Committee Study and recommendation o oading Jane Bileas Main Street ram will brief the commission on the eve at ranspired since the January 7th CTSSC meeting, bl Speed reduction o fman Drive I A conner citizen has approached Doug Cha Chairman, CTSS r conaidefation of speed reduction on Sharma a from a Row past Hartle& Field Road. He said some resi streets tie into Sherman in the aria which is zoned from 45 t b5 mph, staff needs commission input, 09566 I F i f I I II I fill I 1 I 11 I 1 I uaam~ CTSSC MINUTES February e, 1991 page 3 I STOMER NO. OF ZONES LOCATION AMOUNT DUE Ame an Cleaners 2 221 W. Oak $150. Copy h Plus 2 1300 W. Hickory $15 0 Denton d Ctr 1 115 sycamore N Joe's Cle ra 1 109 Avenue A 75.00 McBride Mus 1 116 W. Oak $ 75.00 McNeill Furni re 2 101 W. Oak $150.00 Ommicore, Inc. 1 225 N. Locust $ 75.00 Ritchie FUrnitur 1 207 N. Elm $ 75.00 shiftlet Finance 1 100 W. Oak $ 75.00 Shraders Pharmacy 1 121 N. $ 75.00 Sues Custom Sewing 216 W. ak $ 75.00 Thomas Furniture 3 Oak/ at $225.00 Upon approval, staff will p these loading zones unless one of the businesses no longer wan e. When the amendment ordinance is complete, staff will come k a charge the fees if acceptable to the commission. Chadwick asked if t e was some pre ence for handling the toe charging for peop applying for loadin ones, so they know they may be charged r them. Iwuchukwu sai hat according to the ordinance, to g zones do not have to go t Council. Staff will do what the isatun directs, r Biles a d it businesses could go ahead and pay f they wished. Clark Ld that would be acceptable. STAFF RECOM DEDr Approval of the loading zones with fees pendi ntil the Parking Committee's determination is received. COMP ONERSs Gore made a motion to approve loading zonva with a ter sent to loading zone owners explaining fees can be d or deferred. Once the final decision is made on load zone fees, staff can at that time assess tees i required. Erwin seconded the motion. Motion passed unanimously. i - lw CM UAVY OAX$j iwuchukwu said Turbo Refrigerating Company (TRC) requested no parking In front of their office building on the notthwut corner of the intersection of Shady Oaks and Woodrow tans. They said this is 1d unsafe because it is too close to the intersections Staff agrees with TRC'e assessments When woodrow Lane was rebuilt two years ago, the Shady oaks leg of the intersection was modified to allow for two lanes on the eastbound approach - one left-turn lane and one right-turn lanes This significantly reduced the width of the inbound lane from Woodrow to Shady Oakes To improve the i ~ I . - r T - - `e. 1 s ' CTSSC MINUTES February 4, 1991 page 4 situation, staff painted yellow around the curb on the northwest corner to ;he extent allowed by regulation and with TRC's permission extended the yellow paint past the limit allowed 5y regulation (20 feet for unsignalized intersection) up to the entrance of their office building. This has been effective for smaller vehicles. Both Shady Oaks and Woodrow Lane are truck routes and trucks (18-wheelers) still have problem negotiating the corner with vehicles parked on that corner. Three-car spaces will be eliminated on that corner. This would make it easier for large trucks to transition into the single lane inbound on Shady Oaks from Woodrow without interference from parked vehicles. Dave Hill, TRC representative came forward to address the commission. He said a major safety problem exists not only in the ci": front but with the increase in traffic, TRC feels it would benefit everyone, Problems still exist at the other two entrances. It is hard for steel trucks to maneuver usually stopping traffic in the street. TRC asked that the City enforce 'no parking' where it is painted yellow. TRC wants to maintain parking on the curb across the street all the way down as long as that property remains undeveloped. TRC's employment level goes up and down and the street is the only place to park. Although, they are trying to improve parking on site. Iwuchukwu said the other requests for no parking on the same side of Shady Oaks are corner clips Chit can be handled without an ordinance. Staff will work with Dave Hill and his staff to provide for adequate corner clearance for trucks on those entry and exit points. Chadwick asked how many cars park in the area under consideration. Hill said there are three spaces that will be eliminated. i i i Chadwick asked it aignage would be requirede Iwuchukwu said a sign j would be erected that says 'no parking from here to corner's i I i STAFF RECOMMENDED! Approval for no parking os, the north side of Shady oaks from its intersection with Woodrow Lane to the easternmost driveway entrance to Turbo Refrigerating Company ' i COMMISSIONERSs Erwin made a motion to accept staff recommendations lay seconded the motion. Motion passed unanimously. 1 ITEM GENERAL BUSINESSf_ g a in Commy ittee Study and recommendation on L n Zones Jana Biles, Manager, Main sires`a he commission on the events that h red since the Janus C m .tin I .y I 6 ,awx~ 1 t WrX I r w t Y I ~ ~ II woom" LAW - A ® --i I r 1 r i , PON tm • • NDY 0% ew ue t t . _ I i a•.. ..~...i...,~.a_.nr~.r........YwnP wYYtu~n.arr~wa-,-r YVr r>~~.r t rt~V ~r 1 1 I! wood* V , ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON THE NORTH SIDE OF SHADY OAKS DRIVE, FROM ITS INTER- SECTION WITH WOODROW LANE TO A POINT 100 FEET WEST OF THE WEST RIGHT-OF-WAY LINE OF WOODROW LANE, FOR A DISTANCE OF 100 FEET) PRO- VIDING A SEVERABILITY CLAUSE: PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS: AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. When signs are erected giving notice thereof, no person shall park a vehicle at anytime upon the following street or portion thereof, in the City of Denton, to-wit: The north side of Shady Oaks Drive, from its intersection with Woodrow Lane to a point 100 feet west of the west right-of-way line of Woodrow Lane, for a distance of 100 feet. SECTION II. That if any section, subsection, paragraph, sen- tence, 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 vali- dity 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. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the require- ments thereof, or of a permit or certificate issued thereunder, I shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00), Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such per- son shall be punished within the limits above. SECTION teen (14) days he date of ordinance passage, and the City effective is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper for the City of Denton, Texas, within ten (10) days of the date of its passage. JPF ry mur~. T } PASSED AND APPROVED this the day of , 1991, BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCK, CITY ATTORNEY BY: 1 r 1 (I i Page 2 II M SESSION f n 'Cal 1 i 1 1 dentca t ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A COMPROMISE SETTLEMENT AGREEMENT BETWEEN THE COUNTY OF DENTON AND CITY OF DENTON; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That the attached Compromise Settlement and Release of All Claims between the County of Denton and City of Denton, providing for the settlement and compromise of the litigation ..ow pending between the parties before the 367th Judicial District Court of Denton County, Texas, Cause No. 87-4366-367, is approved in accordance with its terms. The City Manager is authorized to execute the agreement and all other documents and make the payments and take such action as is necessary to comply with the terms of said agreement. r SE ION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of April, 1991. BOB CASTLEBERRY$ MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY M ~ j BY: APPROVED AS TO LEGAL FORHi DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt- ' 1 . I , r i 4 ~ l !ryf'{ I NO. 87-4366-367 DENTON COUNTY, TEXAS § IN THE DISTRICT COURT OF Plaintiff, § 4 VS. § 5 DENTON COUNTY, TEXAS CITY OF DENTON, TEXAS, i3 Defendant, ¢ 4 367TH JUDICIAL DISTRICT CO!lPROMIBe gRTTt a~N.l. i RRL171gE O! A r ~+r ~rL FOR AND IN CONSIDERATION of the sum of ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00) in hand paid this day in cash, receipt and sufficiency of which is hereby acknowledged, Denton County, Texas, acting by and through the County Judge of Denton County, Texas, who has been duly authorized by a vote of the County Commissioners of Denton County, Texas, to execute this Agreement, does hereby release, acquit, discharge, and quitclaim unto the City of Denton, Texas, a municipal corporation incorporated in Denton County, Texas, and those in privity with it, whether named herein or not, all and each of them, of and from any and all actions, causes of action, claims (including contribution and subrogation claims), and demandrr, on account of or in any way growing out of I any and all negligence, conspiracies, intentional misconduct, + i wrongful claims handling, violation of statutory or common law duty, breach of any duty of good faith and fair dealing, breach of contract or warranty whether express or implied, loss of earning capacity, loss of wages profits and money, unjust enrichment, damage to and taking of property, attorney's fees, pre and post judgment interest, and all other causes of action and damages COMPROMISE SETTLEMENT AND RELEASL OF ALL CLAIMS..-PAGE 1 - 1 / . 4. t ~ r + .paVtMN~ il I~ 1 rf+I whether known or unknown and whether heretofore asserted or riot, I connected with or resulting from the payment by Denton County, Texas, of funds for any and all medical or health services, including, but not limited to, payments for in-patient care, out- patient care, emergency care and treatment, surgery, and drugs, which occurred at any time before the date of this Agreement, all as more fully described in Plaintiffs various pleadings on file herein, to which reference is made for a more complete description, d and do hereby agree to indemnify and save harmless the said City of Denton, Texas, of and from all further claims, including subrogation claims, demands, costs, or expenses arising out of any injuries, damages, and monetary losses, sustained by Denton County, Texas, as a result of such payment for medical or health services. 1 1 Denton County, Texas, understands and agrees that the amount paid under this Agreement is in full satisfaction of all damages and losses arising on account of the above described payments for C medical and health services, and that it will receive no further sums of money from the City of Denton, Texas. Denton County, Texas, agrees that the City cif Denton, Texas, I in the absence of either a future contractual obligation duly approved by the City of Denton, Texas, or enactment by the ;tats Legislature of now legislation requiring payments for medical services or tealth care on the part of the City of Denton, Texas, shall have no further duty under statutory or common law, to make any payment or reimbursement to Denton County, Texas, for the provision of any medical service or health care, including, but not COMPROMISE SETTLEMEN'T' AND RELEASE OF ALL CLAIMS... PAGE 2 e limited to in-patient care, out-patient care, surgery, and drugs, whether such services were rendered before the date of this 1 Agreement or are rendered in the future. It is expressly warranted by Denton County, Texas, that no promise or inducement has been offered except as herein set forth; that this Release is executed without reliance upon any statement or representation of any person or parties released or their C,-'J representatives, concerning the nature and extent of the injuries, damages and/or legal liability therefore; that acceptance of the consideration set forth herein is a full accord and satisfaction of a disputed claim, which is incapable of being exactly determined, and for which liability is expressly denied. ti FOR THE SAME CONSIDERATION, it is agreed that the above-styled f suit will be dismissed with prejudice to refiling the same, and that costs of court will be taxed to the party incurring the same. This document ccntains the entire agreement of the parties hereto. THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NCT MERE RECITALS. WITNESS MY HAND THIS DAY OF , 1991. I f ' (COUNTY SEAL) County Judge, Denton County, Texas ATTESTS , Tim Hodges, County Clerk Denton County, Texas APPROVED: James P. Allison, Plaintiff's Attorney COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS ...PAGE 3 1 S i STATE OF TEXAS ~ COUNTY OF DENTON This instrument was acknowledged before me on this day of j , 1991, by Vide-Purges as County Judge of Denton County, Texas, ;ry Notary Public - State of Texas j i i i I 1 k f 4 t C 1 f COMPROMISE SETTLEMENT AND RBLEAS$ OF ALL CLAIMS...PAGE 4 w t 6Aw c~ 7 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON RETAINING THE LAWFIRM OF 1 BICRERSTAFI?, HEATH & SMILEY TO REPRESENT THE CITY OF DENTON IN CONNECTION WITH THE PROPOSED SALE OF THE CITY'S COMMERCIAL SOLID WASTE OPERATIONS TO TEXAS WASTE ?1ANAGEMENTt AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN3t SECTION I. That the Council of the City Of Denton approves the retainer of the lawfirm of Bickerstaff, Heath & Smiley to represent the city, in the preparation and review of documents relating to the proposed sale of the city's commercial solid waste operations to Texas Waste Management of Texas. SECTION II. That the Council of the City of Dentoa authorizes the City Attorney to sign the agreement of representation. SECTION ill. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1991. BOB CASTLEBARRY, MAYOR i i ! ATTESTt JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, CITY ATTORNEY 1 BY 1 0,1 1 e. aottn NtArN• o.1[1 w rµa, in Bickerstaff, Heath & Smiley nOA4V 11MTNA ■ tYatV oArp "tNOti• SAN JACINTO c[NTt a, tYlTt 1900 THOM"Y P N• CAT AINt MIGNN ,Non- ANN CLAIMt "LL PAr11CIA I NANT Ot {AN JACINTO SOWLCVANO mN * at"N• , 0"4 NUCtON AUSTIN. T[M{7870tJ078 CANOLYNt "LLYAN WILLIAL.D C40A1111 DOUIIW 0. CAI.ODY• Am M,UtNI[t llalt7a goal LINDA, AANtA DttDAUN N$KMAO LD b T[LGOOrr ONVI 302,570-1436 MYNA L MOAMtL to INCY L KN NT mANC WNTA NtLL" K. AtNINIII 1 "IN A. CAOtT YAIAIIIt tCOtt MII101. J NArII t°ND Ly" NAr YµNY41 •t.AN C.nANA. A/nIAwMHiM lN- February 28, 1991 T... t..ti rLlrl tA.eA~/ Debra Drayovitch City Attorney City of Denton Municipal Building Denton, Texas 76201: Re: City Proposed sale of Commercial Solid Waste Dear Ms. Drayovitch: This letter will confirm an agreement that the firm of I Bickerstaff, heath & Smiley will represent you in connection with the City of Denton's propoxal to sell its commercial solid waste operations to Texas Waste Management. our fees for legal services are as follows: (1) the time of all partners will be billed at $175.00 per ).our, (2) the time of associates will be billed at $160.00 to $80.00 per hour, depending on experience; (3) the time of briefing clerks will be billed at $60.00 per j hour; (a) the time of paralegals will be billed at $60.00 per hour. in addition, costs may be sent to you for direct payment, and all j out-of-pocket expenses incurred cn your behalf will be submitted to you for reimbursement. i our billing period begins on the 16th of the month and ends on the 15th of the following month. We try to have a statement in the mail before the end of each month. our bills are due upon receipt, and we anticipate that the bill will be paid within 30 days after you receive it. If our bill is not paid within 60 days of the ' billing date, interest will be charged at the rate of 1-1/2% per month (18% per annum) on any and all unpaid balances until paid' Failure to pa the amounts billed will relieve us of the responsibility to continue to work on your came. J! 1 ~I l , R+n 4 .fifq:lF Debra Drayovitch, City Attorney City of D4gto1991 rebraury page Two ear and to c: it is the policy of our fir bet necessary eto reflect cucu it make such ealtionen s as may economic conditions. we will consult with you and notify You writing if the fee structure stated above is modifile se sign the pleas* if this arrangement is acceptable to you, dupllicate Wrilooklforwa d ded to woreinganith you n it to us for our recors. truly urge Dougl o, Csroom r AppROVEDs • rs rayw c Y orney City of Denton, Texas t E~ I i i i ECEIVE MAR 41991 CITY C"' LEC„'....... r j iyt ~r CITY W DNWON 1215 f. McKinney I Denton, 7sxas 76201 MR' MO RANUUM a r r r r r r a r r TOt Betty McKean , Executive Director for Municipal Services and Economic Development FRONt Steve Brinkman Director of Parke and Recreation DATEt March 28, 1991 SUBJECTt Information Regarding Not Charging Non-Proftt Croups j for Meeting or Activity Rooms at Our Recreation Centers Council Member Boyd asked us to consider not havi-.r groups when they use our a charge for looked back over our schedules recreation center non-p. We the Martin Lutherg King, Jr, q rooms, Center, Denta Recreation Center, North Lakes Recreation Center and We Center to check the amount of g' Recreation Year, It was determined use by these groups r the Senior { amounted to ~7 that rentals to non-profiturtng the last fiscal ,305. If we groups during that time approximately $7,300 in revenu permit t revenue lose on our current r we will lose anhannualsbasistandos croximatel year budget estimates, pP y J3,730 in At the present time we groups a do have a co-sponsorship policy that allows 1 grou that noecharre, recreation non -c"ItUff at profit t Some of these or oupsel dude a related to use our youth athletic groups, troupe, clubs, Denton Council ofrGardeniClubeA 4SBcout Vest Texas Legal Servicesr the Greater Denton Arts Council, etciCE, PAL program, i I! SteQSmen r ADM01032 I P i I i i i I \ \ 7 e r 4 ry . r n r« Clubs/Advisor Boards Denton Senior Center, 666.8280 DENTON COUNCIL OF GARDEN CLUBS i The member clubs four from Denton, and one each from Loll Elm and Lake Dills, cooperate In funhering interest in Garden Club ectiveiss and in civic projects, Ma9bnpa are held CLUB INVOLVEMENT on thafounhFridays in September,February and May. Aid on the third Friday in November. For addltwnat Igibmir ton CAI Mania Fronk P,erci, 387-6962. ff The Denton Parks and Recreation Department tnwes dub+ DENTON COUNTY and special 11111191111 groups to consider club sponsorship. Benefits ncude assistance with 11ewtlondrs, news releaa9, AMATEUR RADIO ASSOCIATION I Byers and provlsione lot meeting claces For nlormar,on con. The Donlon County Amateur Radio Associalion covers an Ism Teresa Milton, 566-6281 Aspects of ham radio operation. Meetings are hold the fourth bill of Ilia monon, In the civil Dotens+ room of Denton City Htl6 at 7 X p m. Contact Coleman Collier, 3873322. DENTON COUNTY PEDALERS Denton County Poddsn le for beginning and experienced Autoharp bicyclist AM riders meet Sundays, al 9 a.m., during daylight The Sunshine Club (tor the logslly blind) savings lima aid at 1 p.M., during standard lime, n the Derr /r---~\ Stamp Club. ton d:+wn!owr, sputre. For further informAtlon can 387-9314 or II nferested can 566.8281. 56646787. DENTOON JUGGLERS ASSOCIATION phpifnin0 juJpu M~experienced find gkgrs of ap is The club meats each Wedrom day, 7'9 p.m., in the Denia Recnalbn Cenlar. Contact Rodney BOY SCOUTS OF AMERICA Barton, a@Arale of the international Jugglers Assocation, , 3857561. I Boy 8:ou!s of Amara Mai On FrMAyf, 5,34 p m, For n}oa motion contact Mosel Holmes, 363.1615. CAMPFIRE CLUB DENTON MODEL AIRPLANE CLUB ~ Nonh Laks Park flying field yy wtdoori.iMi marl Imcsi ath , e Compfre rovld*s services to school rad*$11 For more rlormat on call 383 75K and boys. pa a - is "Id p G W. f LAWS Recreation CenterThursdays, . Gonted Big Kunz, M-111 Ii THE CELTIC DANCERS Momben of Nis club learn snd promote dance+s of Collie origin. English Country, Welch, kith and Sconish dances are DENTON ORCHID SOCIETY practiced Membership If Open And Irse chid can is available. Tuis club is designed for I" persons, who are kderested in The gaup mat SunJay ovenlnp9, it 6 o.m., in the Vaud th►cullure of acMde. Meetings an held the second Tuesday, Arlo Center. For Mort nloffl n contact Leon Tribble. n the Donlon Senior Caner. Cog President Hysn Davtdton, 3674879. (617) 575'2111, for additional nfomaton. DAMUG 4 H CLUB Denton Areal fillalcintil U6er's Group 4-H Club male month?Y. For further informalon contact the ul DAMUG gf$ MMau tin a ge noare Mfo h*didon tM oom theiaoururtthmodeSoturdup of 2301111,11.1 MLR. Jr, Center, 363.7816 i esn sy N 5230pm., At the Donlon Sagiv Center, 549 Bah, Call David Pierce, 367.6158• GIRL SCOUTS DANCE CLUB Girl Scouts mats every Saturday,11Dm 10 a,Ill.12 now, And Monday, from 4-6 p m. For Information conlad Patricia Far Dance Ifurther ub r mnate Tuadayf and Thursdays, at 9,1 parcwm., Woods, on Monday After 4 p.m., 3857815 for mA lioncontact the Ernatne 6h ~ i 3657578. DENTON AREA MODEL RAILROAD SENIOR CITIZENS DOMINO CLUB The Model Radioed Club is a gup of railroad and rnodol The Domino Cwh is now mesting in their new domino Mil In rsmbad Ions The club mate learosecond Tuesday, of each H» expanded Denton 90104' Center build" month, in IhA Donlon Sonar Center. Contort Sob Tlckner, Everyone 80 And UP Is nvned 10 pArtirlpNa for t 62 monthly 686-6270 membard11lp. Each Tuesday Wonlnq IM*a 16 a TournamaM , Night, with a 6260 entry lot. This money M MCI to P41 for DENTON AREA WOODCRAFTSMAN AND prlra. ARTISANS OUILD For furthn ,ntormatbn, on the Domk+o CIUD, ran 362-96]0 Or TM WoodNahaman Guild mat the les Tuesday, Of the libb-8280. month, at The Donlon Banior Confer 1Notldlhrp. from 7.9 p m Flours of Cpen11 on: TTuA$6 p m Amish eI I"namaM 1 i PluAN eon Joe Panics, (214) 221.7190 i 111 I y e i ~ iWLV•~ CLUB INFORMATION CLUB NAMEt ADDRESS IF HAVE ONE: _ PRESIDENT'S NAME: HOME PHONEt _ ADDRESSs WORK PHONES VICE-PRESIDENT'S NAME: TREASURER'S NAME: SECRETARY'S NAME: ; OTaER CONTACT THAT THE DEPARTMENT MAY NEED (NEWSLETTER EDITOR, PUBLICITY) NAME ADDRESS H. PHONE W. PHONE . G" MONTHLY MEETINGS HELD ATs____ _ DAY OF MONTH HELDt .e. tb r Tues ay TIME MEETING HELD: CURRENT NUMBER OF MEMBERSs JANUARY IN ATTENDANCE Please fill out above BEBRUARYI and return it tot MARCH APRIL Der. a Parts and Recreation' JJUUNN y 321 E. McKinney JULY Denton, Texas 76201 AUGUR SEPT E,~ ~ OCTOBER _ NOVEMBER DECEMBER 1 } A AGREEMENT BETWEEN THE THE STATE OF TEXAS § CITY OF DE'!iTON AND COUNTY OF DENION 9 day of This Agreement is entered into this 198 , between the City of a on Texas, a ~ ' herein referred to as 'tCity," and un c a .orporat1on, , hereia referred to as Organ zat on -_to provide- t e s aced use of facilities on the terms and,conditions herein stated: f wITNESSETtI: ~ the City the organization are mutually r,I Wested , y and of leisure •related activities interested best an adequate program which can rve the citizens of Denton most effectively and economically; and for WHEREAS, the Or6Parks has Recreation aDepartment and sponsorship ship the City' the Department has determined that it shall assist the ` Organization; 1 NOW, THEREFORE, in consideration of these premises, said City and said Organization do now agree to coooperoate tith etch other in carrying out the above purposes, agree as follows: 1. The organization shall have specific written operatin i policies and/or a written set of organizational tha Parke anlld operating policies and bylaws shall be app by I Recreation Department. E 1 2. A Department staff member shall serve as an advisor to the organization. 3. Thr, organization shall be capable of functioning with minimal supervision and assistance from the Parka and Recreation Department. 4. The organization shall comply with all Department policies as well as all policies and ordinances established by the City of Denton. 4 I 1 S n rwv.r, 5. The Department may set requirements for maximum and minimum membership size of the organization. 6. The organization must serve primarily residents of the City of Denton or the Denton Independent School District. i Non-residents may be permitted under the following conditions: (1) facility space is available to accommodate them and `3 their participation will not exclude Denton residents due to membership size limits. 7. City's Parks and Recreation Department will provide or assist in obtaining facilities for the organization's meetings, ppractices, and other related functions. These facilities will be provided on a space available basis according to programming priorities established by the Department. City does not guarantee that the same facilities and the same days /times will always be available; special activity groups will generally not be scheduled in prime facilities during prime time when usage will conflict with mass participation activities. i 8. The organization will keep the Department representative aware of any scheduled meeting changes. 9. The organization shall comply with all applicable building usage regulations. 10. The Department will provide certain equipment and accommodations for the group's use such its tables, chairs, restrooms, projectors, etc., when needed and available. 11. The organization will provide all of the expendable supplies and equipment used by the organization. 12. The organization will be held responsible for its own financial matters. 13. The Department may provide national affiliation for the club upon its discretion. E 14. The Department may at times purchase larger equipment and/or supplies for the organization to use. This material must be requested and will remain the Department's property. 15. The Parks and Recreation Department will assist the organization in publicizing its programs and wi)l include information about the organization in the Department's brochure. 1 J g I a K !n i95 ~ r- , S I 16, The Department will permit its phone number to be used as a contact point for obtaining information about the organization. ion. 17. The flyers, newsletters, etc., dmust istributed include by the the organizalogo on tion. any 18. The organization must obtain Departmental approval for all publicity materials including news releases, posters, flyers, brochures, etc., in advance of their release. 19. The Department will provide some ft the services for newsletters and flyers. The amount of publicity tasks decided by the organization, Department representative, and publicity specialist. 2U. The organization will confirm other sponsors for events with the Department before planning an activity. 21. Discontinuation of Parks and Recreation Department sponsorship of a special activity organization may occur for any of the following reasons: A. Upon determination by the Department that it is no longer in the best interest of the Department to continue sponsorship; B. Upon determination by the Department that insufficient j community interest exists to continue the program; C, Upon determination by the Department that the goals of t the organization have become incompatible with the Department; with the D. Upon failure of the organizeti.on to comply provisions of this policy; or R. Upon written notice from the organization, signed by of from active the Department, of its intent to disassociate it 22, if the Parke and Recreation Department discontinues sponsorship of an organization, for whatever reason, all privi- laes of cease. This t shall include guset of City h fa il gitiesatand equipment. Furthermore, all organization memberships and sup-the programs t- the mentsandrwiilebebuti iz de to benefithotheallrreDepartmeoain ' ~r i oNV7A~ 1A 23. The organization will reimburse the City for any property damages arising out of the joint use of facilities provided for in this agreement. 24. It is agreed that the terms of this agreement may be amended upon mutual consent of the City and the Organization. Executed this the _ day of 198`. CITY OF DENTON, TEXAS ORGANIZATION BY: BY: ATTEST: ATTEST,. j I ~rr I f III t 5 fT[e1'.Y~ CO-SPONSORED ACTIVITIES AGREEMENT Type of Activity: ~ Dates Times Locations Type of co-sponsorships donation of money, service, or goods (circle) ~I Responsibilities of DPARDs 2. J 3. 4. Responsibilities of Co-Sponsors ~II 16 To comply with the requirements set forth in the N co-sponsorship policy which is attached hereto. 2. f 3. ~ 4 Mane of Co-Sponsor Address Phone i Contact Person Work Phone Home Phone Super-`-intendant o Le sure Services DAEG `r Co-Sponsor Contact Date parkfeea o ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON# TEXAS, AMENDING SECTION 15-3.1 OF CHAPTER 15 OF THE CODE OF ORDINANCES RELATING TO FACILITY AND PROGRAM FEES OF THE DEPARTMENT OF PARKS AND RECREATION; ESTABLISH- ING USER FEES FOR CERTAIN PARK AND RECREATION FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: sFC_mION I. That Section 15-3.1 of the Code of ordinances is amended to read as follows: Sec. 15-3.1 raoility and Program roes. The Department of Parks and Recreation shall charge and collect the fees for the use of buildings and facilities and for recreational programs, services, and merchandise offered by the Department in the amounts established by the City Council by ordinance. All persons who do not reside or own property within the City shall be charged an additional fifty percent of the established fee for the use of buildings and facilities, The City shall be paid ten percent of the gross receipts received from any admission fees or beverage or food sales occurring on public property. There shall be a maximum charge of ten hours for each twenty-four hours for the use of buildings and facilities made available on a per hourly 1,asis. The Director of the Department may sat, charge and collect fees for classes, trips, equipment, merchandise, police or supervisory services, and other programs, services, events and merchandise provided or offered by the Department where no fee or charge is established by ordinance. The foo or charge shall be based on the costs of providing the event, service, equipment or goods. SECTION II. That in accordance with section 15-3.1 of the Code of Ordinances, the fees for the use of buildings and facili- for recreational p ties offer d by the Department ofParks mand Recreation m are established as follows: (A) Swimming Pool; (1) Season paset per person $30.00 1 ~r a .ilwM~ 1 ~fil T per family $65.OG (2) General Admission, per person $ 1.00 (3) Pool Rental: (a) non-profit, per hour $20.00 (b) all others, per hour $30.00 I~ (B) Tennis Center: ■ (1) Season passt r per person $30.00 per family $65.00 C_ (2) General admission (during posted hours) per person $ 1.50 (3) Court Rental: (a) unlighted, per hour $ 2.50 (b) lighted, per hour $ 5.00 (C) Civic Center: (2) Assembly room rentals (a) nun-profit, per hour $25.00 (b) all others, per hour $35.00 (D) Recreation Centers I (1) Meeting rooms: (a) non-profit, per hour $ 5.00 (b) all others, per hour $10.00 (2) Gymnasiums 1 (a) non-profit, por hour $20.00 (b) all others, per hour $30.00 (3) Game Rooms (a) nonprofit, per hour $ 5.00 (b) all others, per hour $10.00 i (4) Activity Room, per sections (a) non-profit, per hour $ 5.00 (b) all others, per hour $ 7.50 PAGE 2 1 ^I av W~ w i tC rlVV~ i (5) Kitchen: (a) non-profit, per hour $ 5.00 (b) all others, per hour $10.00 (6) Conference Room: (a) non-profit, per hour $ S,Op (b) all others, per hour $10.00 (7) Arts 6 Craft Room: (a) non-profit, per hour $ 5.00 (b) all others, per hour $10.00 (F) Athletic Fieldst (a) unlighted, per hour $ 5.00 (b) lighted, per hour $10.00 Does not include field maintenance charge which trust be arranged separately. (H) Amphitheater: (b) unlighted, per hour $ 5.00 (b) ) lighted, per hour .00 $10.00 h t BECTiON III, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of C r 1991. BOB CASTLEBERRY; MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY Bye APPROVED AS TO LEGAL FORHt DEBRA A. DRAYOVITCH, CITY ATTORNEY Bye ( } PAGE 3 , I l ~1, J- April 2, 1991 CITY COUNCIL AGENDA ITEM TO. MAYOR AND MEMBERS OF THE CITY COUNCIL r FROM: Lloyd V. Harrell, City Manager RE: CONSIDER APPROVAL OF THE PARK MANAGEMENT CONTRACT BETWEEN THE TEXAS PARK AND WILDLIFE DEPARTMENT AND CITY OF DENTON/DALLAS i ` RECOMMENDATION: 1 The Public Utilities Board, at their meeting of February 20, 1991, recommended to the Council approval of the Park Management Contract between the Texas Park and Wildlife Department and the City of Denton. BACKGROUND: As part of the development of Lake Ray Roberts for water supply, the City of Denton was required to develop and manage recreational resources by the Federal Water Project recreation Act (Public Law 89-72, 16 U.S.C. 4601-12 et seq.). On August 15, 1980 the City entered into Contract No. DACW63-80-C-0107 with the Federal Government to construct the recreational facilities required for the project. This agreement authorized the City to administer project land and water areas for recreation purposes and to operate, maintain and replace the associated facilities. Pursuant to the recreation contract, the City had to lease the lands required for park development from the federal government. Based on PUB's favorable recommendation (6/27/90 PUB Meeting), the Denton City Council approved the execution of the lease agreement for these park lands at the 7/10/90 meeting. . 1 J ~1Y CITY COUNCIL AGENDA ITEM ~i PARK MGMT CONTRACT- RAY ROBERTS LAKE PAGE 2 SUMMARY: The Cities of Denton and Dallas have been working diligently to execute a park operation and maintenance contract with the Texas Parks and Wildlife Department (TPWD). Pending { approval of this contract by the Denton City Council, the ~J executed contracts will be forwarded to the TPWD for their approval and signatures. This represents the final step in the contractual agreements necessary for the recreation development of Ray Roberts Project. PROGRAM/DEPARTMENT OR GROUPS AFFECTED: Citizen of Denton, City of Denton Public Utilities, Legal Department, Texas Park and Wildlife Department FISCAL IMPACT: The fiscal impact is not known at this time. Respect ully submitted, LloydV. Harrell City Manager Prepared by, Prepared by: Howar arti !rector Environmental per~t~ons Approved by, r els°J. Executive D for of Utilities EXHIBIT Ir- Ordinance Proposed Contract III Parks/Rec Contract IV Minutes of PUB Mtg of 2/20/91 FUB220.PRK u14 J r 1 ti N&W ~s tepko ORDINANCE N0. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, THE CITY OF DALLAS AND THE TEXAS PARKS RAY MAINTENANCE ROBERTS; AN D D SUPERVISION PROVIDING AN AND WILDLIFE DEPARTMENT RECREATIONAL FACILITIES RAT+T LAKE TO r EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SON I. That the City Manager is authorized to execute an agreement between the City of Denton, City of Dallas, and the Texas Parks and Wildlife Department relating to the maintenance and supervision of recreation facilities at Lake Ray Roberts under the tes and conditions contained which is attached hereto and madeiahpart ahereofeement, a copy of f ,UrTION ii. That this ordinance shall become effective immediately upon its passage and approval. day of , 1991. PASSED AND APPROVED this the I , s BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS$ CITY SECRETARY 1 s, BY: 1 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVI~CH, CITY ATTORNEY I i BYt EXH I B ITMOV 1 i I ~ , ysr M1q,~ i(# t..• hrV entry i, n]Qy j J v j re we appreciate a/ge0l sott' resentative of Hume/apt builders, Frees os As rep done in softening these had a the work that is being expenses; however, at the same time, not having chance to read the new draft, i would like to p ostpone, There meet and return d boabjrdect.to made a motion to table this item; second by Chow; Laney motion to table approved unanimously. 7, CONSIDER AN ORDINANCE ESTABLISHING COST FOR STREET SECTIN 2521 OF CHAPTER LIGHTING SERVICES PURSUANT TO REPEALING ORDINANCES IN 25 OF THE CODE OF PPROVIDING FOR AN EFFECTIVE AND CONFI.IC'C THEREWITH. DATE- sing introduced this item advising that the last ordinance was done in 1987; this is a Pro rata charge installed. when lights are These charges represent actual costs. Frady made a motion to approve subject landcarried, second by Chew. All ayes, no nays, r g, CONSIDER APPROVAL OF THE PARR MANAGEMENT CONTRACT BETWEEN E TEXAS PARKS AND WILDLIFE DEPT/CITY OF Martin advised the Board they have seen this fore, but what staff did not have during reement to fore, lea ag information be the last review was a signed for of this contract; that has xhibit necessary sary roval been recei ha our s apprecommended vedi Texas Parks and Wildlo~fY become an approv eal, and staff is asking also. Chew made a ntract. Second motion to approve subject co All ayes, no nays, motion carried, I by Frady. - i Ss} wrt~ t Park Management Contract Between Texas Parks and Wildlife Department and Cities of Dallas and Denton, Texas STATE OF TEXAS COUNTY OF TRAVIS This Contract made and entered into by and between the Cities of Dallas and Denton, Texas (hereinafter called "Cities") and the Texas Parks and Wildlife Department (hereinafter called "TPWD") each party acting through duly authorized officials; WITNESSETH: WHEREAS, the construction of Ray Roberts Lake (hereinafter called "Project") was authorized by the River and Harbor Act of 1965 (Public Law 09-298, 79 Stat. 10911; and WHEREAS, the Cities have contracted with the United States of America (hereinafter called the "Government") under contract numbers DACW63-80-C-0106 and OACW63-80-C-0107 to administer project land and cater areas for recreation purposes and to operate, maintain, and replace facilities provided for such purposes; and WHEREAS, TPWD is authorized to administer project lands for State recreational purposes, and to operate, maintain, and replace facilities provided for such purposes and is empowered to contract for such purposes under authority conferred by Chapter 13, Parks and Wildlife Code; and r WHEREAS, TPWD, recognizing the recreational potential and suitability of the Ray Poberts Lake Project for State Park purposes, desires to assume management, operation, maintenance and replacement responsibilities for ail designated park areas and access points associated with the project described in Exhibit A, attached hereto and made a part hereof for all purposes. NOW THEREFORE, in consideration of the premises and the covenants hereir, contained, the parties hereto contract as follows: 1 i TPWD shall be responsible for all the operation, maintenance, and replacement responsibilities of the Cities under Contracts DACW63-80-C-0105 and DACW63-80-C-0107, subject to the terms and conditions thereof and of the lease as described in Exhibit A. TPWD will assume said responsibilities only when each park or access point is fenced and facilities are complete and accepted by the Cities. rPWD shall not be obligated to operate and maintain lands, structures, and facilities such as dams, spillways and outlet works required for control LXH I B ITWWSI . r~ NN181,1i~ 17k l t ~ and regulation of the waters stored in the reservoir, the access road to 1 the dam, or any project visitor facilities constructed in conjunction with these works. TPWD shall not be responsible for shoreline debris removal for a period of two years after initial impoundment of water to elevation 632.5 feet. TPWD shall not be responsible for removal of trash accumulated prior to assumption of administration. i 2 TPWD agrees to take reasonable security measures to protect significant cultural resources within the designated park areas and access points associated with the project (Exhibit A), from unauthorized use and vandalism. TPWD shall not be responsible for the Government's mitigation obligation nor shall TPWD be responsible for repair or maintenance of historic structures. 3 TPWD aoay collect fees for entrance to developed recreation areas and for use of the project facilities and areas, comparable to fees charged at other Texas State Parks. 4 To the extent permitted by the laws of the State of Texas, and any provision of this Contract to the contrary, TPWD expressly does not e assume any responsibility or liability for the water area of Ray Roberts Lake. TPWD agrees to maintain all buoys or markers placed at swimming r areas, boat ramps, fishing piers, or other developed recreation areas. 5 TPWD may make and enforce such rules and regulations as are necessary and within its legal authority in the performance of this contract. 6 TPWD, as Managing Agent for the Cities, with prior approval of the Government, may grant permits, licenses, concession contracts and suoleases for all or portions of the project lands for purposes which are not inconsistent with this contract. All such permits, licenses, concession contracts and subleases shall be subject to the terms and conditions of Exhibit A (the lease) which shall be incorporated into each document by reference. i To the extent that oil, gas or mineral exploration or development is permitted or allowed by the Government, TPWD may review and coordinate on the location and conditions for any such future oil, gas or other mineral exploration or development, to prevent unnecessary damage to project lands. 1 i, 1 s rmanw~ S. • 8 The Cities, pursuant to Contracts DACW63-80-C-0106 and DACW63-80-C-0107, are responsible for reimbursement to the Government for cost-shareable, recreational acquisition and development expenses. 1PWD desires and agrees to perform the design and construction of certain non cost-shareable facilities, exclusive of roads and utilities. TPWD shall associated Cities the for non aisle du road and danPd t Johnson expenses ranch Park Units. Payments shall be due within sixty (60) days of receipt of billing from the Cities. If the TPWD fails to make any of the aforesaid payments when due, then the overdue payments shall bear interest at the rate specified in Cities contracts DACW63-80-C-0106 and DACW63-80-C-0107. The Cities shall maintain adequate accounting records to properly reflect all costs to be t3imbursed by TPWD. The Cities shall make available, at reasonable hours, such accounting records for inspection and audit during the period of this contract. 9 The Cities hereby appoint TPWD as their agent to approve the design of any recreational features covered by this Contract, to monitor the construction of recreational facilities and make recommendations i Government contingent upon review to the and approval of the Cities. 10 The Cities have agreed to contract with the Government for construction 1 o separate f wetland areas associated with Ray Roberts Lake. 70WD will negotiate a ` management 9reandntreplwith the Cities for acement r sponsibilitie assumption these rl wetlands. 11 This contract is effective upon execution by all parties, and shall continue in effect for so long as the lease shown in Exhibit A shall remain in effect, provided however, this contract may be cancelled by any party at any time, without further obligation, except for any payments that become due as a result of design or contraction of non-cost shareable facilities, pursuant to Paragraph 8, that occur prior to the date of termination, by giving at least two years' written notice. Executed this _ day of 199}. 1 Texas Parks and Wildlife Department 8Y: Anew ansom Executive Director 1 I w / -may i Executed this day of 11991. APPROVED AS TO FORM: ANALESLIE MUNCY City of Dallas, Texas CITY ATTORNEY Jan Hart City Manager BY: BY:~ ss s an y orney Sob OUtoLary AU;rgdy sistant City Ilsrlager Executed this day of 1991. .A/ APPROVED,AS-TOLER FORM: City of Denton, Texas Br a am rayov tcTi BY: y Attor y oY arre - - City Manager Attest: enn er a ers city Secretary I r i i I a P i'4°:UP~ II EXHIBIT A • A DEPARTMENT OF THE ARMY LEASE FOR PUBLIC PARK AND RECREATION PURPOSES 1 RAY ROBERTS LAKE, TEXAS THE SECRETARY OF THE ARMY under authority of Section 4 of the Act of Congress approved 22 December 19440 as amended (li USC 4604)0 and the Federal Water Protect Recreation Act, 79 Stat. 214 (16 USC 46OL-13), and pursuant to contracts No. DACW63-80-C-0106 and No. DACW63-80-C-0107, hereinafter referred to as the Contracts, entered into on 16 September i 19801 by and between the United States of America and the Cities of Dallas, Texas and Denton, Texas, respectively, hereby grants to the Cities of ; ' Dallas and Denton, hereinafter jointly referred to as the Lessee, a lease for a period of fifty (50) years commencing on the date of execution hereof i I~ on behalf of the United States to use and occupy approximately 4,238 acres of land and water areas under the primary Jurisdiction of the Department of the Army at Ray Roberts Lake Project, Denton, Cooke and Grayson Counties, Texas, hereinafter referred to as the premises, which is generally described as the area outlined in red on Exhibit 8, which is attached hereto and made a part hereof. While the premises is shown on Exhibit B to extend to the 632.5 foot contour in park and access areas, this represents only the canservation pool elevation. Park and access areas within the 1 premises shall be considered to extend to the waterline and shalt a13o Include all associated facilities such as docks, piers, boat romps, and boat channels which may extend beyond or below said waterline. Also, such water areas which are directly associated with the park or access point. FX HIBIT..Ll mow ,k r tiwY . 0.RMi Jin~ A / such as swiming areas and "no-wake zones" are also included in the premises. The wetlands, to be developed by the parties hereto, stall be ~ included under this lease and added hereto by supplemental agreement upon final agreement regarding site selection. THIS LEASE is granted subject to tte following conditions: 1. The Lessee shall conform to such regulations as the Secretary of the Army may issue to govern the public use of the project area and shall comply with the provisions of the above cited Acts of Congress. The Lessee shall protect the premises from fire, vandalism, and soil erosion, other than shoreline erosion, and may make and enforce such regulations as are necessary and within its legal authority in exercising the privileges granted in this lease; provided that such regulations are not inconsistent with those issued by the Secretary of the Ar+ry or with provisions of the r above cited Acts of Congress. 2. The Lessee agrees to administer the premises for public park and recreation purposes and to bear the costs of operation, maintenance, and replacement of all facilities and improvements developed to support Project recreation opportunities on the premises (including fences). All structures, facilities, utilities, or improvements shall be constructed or j s s accomplished in accordance with plans which have been approved in advance by the District Engineer. As used in this lease, the term "replacement" Y shall be construed to mean the replacement in whole or in part of any 1 structure, facility, or improvement to worn or damaged by any cause as to 2 AF WPW a 1 r. warty a.~ ~ 1 no longer adequately serve its designed function with normal maintenance. The Lessee shall be guided by an Annual Plan of Operation and Maintenance in furtherance of the Plan of Recreation Development and Management (Design Memorandum (OM) No. 8 Ray Roberts Lake Master plans January, 1983, and DM No. 22 Recreation facilities, as amended by Supplement No. 1), adopted G' pursuant to Article 2c of The Contracts, and the General Development Plan which is attached hereto as Exhibit C, which plans are by this reference made a part hereof. On or before the anniversary date of the lease each year, the parties shall agree on the Annual Plan which shall include but is not limited to the following: a. Plans for management activities to be undertaken by the Lessee ` Including improvements and other facilities to be constructed thereon in r accordance with the contracts, and including budget and personnel for carrying out said activities. b. Report of the management, maintenance, and development accomplishments of the Lessee for the preceding year, including a report of pesticide use as required by Condition 16 hereof. c. Significant modifications of policies or procedures which have developed or are to be applied. I d. Minor modifications to the Plan of Recreation Development and Management (major modifications to be accomplished by amendment of that Plan). 3 r .I ' Y 3. Pursuant to Article 5 of the Contracts, fees and charges may be collected by the Lessee in accordance with a schedule comparable to other Texas State Park units. In addition, the Lessee and its sublessees ray conduct such revenue producing activities as are within the scope of Article 4 of the Contracts subject to the prior approval of the District Engineer. The Lessee will reserve at least one area at which access to the raters and shores of the lake may be reached without imposition of fees of arty kind. Normal maintenance and cleanup will be provided at this apes. ° 4. The Lessee shall cut no timber, conduct no mining operations, remove no sand, gravel, or kindred substances from the ground, commit no waste of any kind, nor in any manner substantially change the contour or condition of the premises, except as may be authorized under and Pursuant , to Condition 2. The Lessee may salvage fallen or dead timber; however, no commercial use shall be made of such timber. Except for timber salvaged I and sold by the Lessee when in the way of construction, all sales of forest products will be conducted by the Government, and the proceeds therefrom J shall not be available to the Lessee under the provisions of this lease. i 5. Upon the completion of initial recreational facilities the parties hereto shall cause to be ado an inventory of all improvements constructed in whole or in part with Federal funds under the terms of the Contracts. Frov time to tiff there shall be added to said inventory such additional improvements as may be constructed pursuant to the contracts. Certain types of `Additional Facilities% including but not limited to restaurants, lodges, golf courses, cabins, clubhouses, overnight or vacation type 4 E v. T b 1 structures, stables, marinas, swimming pools, commtssarles, chairllfts and such similar revenue producing facilities constructed under the authority of Article 4 of the Contracts shall not be added to this n°fnplans by all such facilities shall be subject to the prior approval 2- The inventory pe►~nilf their Improvements District Engineer as stated in Condition shall include descriptions and drawings sufficient identification, determine their condition and to replace them if required during the term or on the expiration or termination of this lease, said and all amendments thereto shall be approved in writing by inventory thereupon become authorized representatives of the parties hereto tandnattached as Exbit E- a pert of this lease as if originally Upon the expiration, revocation, or termination irepared and said invent°tyiand inventory and condition report shell p condition report will constitute the basis basis for shown tonbeblost! dai+agcd, with the District Engineer for leas property or destroyed, any such property shall be either replaced or of toethe 40, 8 condition required by Condition therefor byrthe,less" at the ion current market Govertpnent retmibursemKnt ode thereof. 6. The less" my grant permits and licenses and spun poses All orare which portions of the leased property to third parties, for t plan consistent with the terms and conditions of this Jesse ls and shall i state tFet of Recreation Development and Management, All such gran they are granted subject to provisions of this lease, The terms and 5 6 A conditions of third party grants shall first be approved by the District Engineer in writing. In order to protect the investment of sublessees, the ' District Engineer may approve subleases which require the Government to i continue to honor such parts of the subleases which would assure the continuation of the subleased activities should there be a 4efault by the Lessee which would result In revocation of the prime lease under Condition 17 hereof. 7, a. The Lessee shall be responsible at all times for insuring compliance by third party grantees with all terms and conditions of this lease and with all terms and conditions of its respective third party grants. The Lessee will be responsible for inspecting and insuring that corrective action Is prescribed and performed for all noncompliance. The District Engineer, likewise through his duly authorized representative, I reserves the right to also perform periodic compliance inspections (Reference Conditions 11 and 12) and to require the lessee to notify third party grantees of deficiencies and prescribed corrective action. b. The District Engineer may also, if continued and persistent violations warrant, require the Lessee, at Its own expense, to ravoke third party grants, remove the grantee from the premises and restore the premises to a condition satisfactory to the District Engineer. c. In addition to the restoration provided for In Condition 18 of this lease, the Lessee shall upon revocation, or expiration of the lease, be responsible for the prompt removal of property and restoration of the 6 q r a f1~ g ~ A premises under any third party grants. Said restoration shall be I accomplished at no expense to the Government. 8. No permits, licenses, or subleases will be granted to adjacent private property owners or others, for use, alteration, improvement, addition of facilities, or any other purpose which would confer upon them privileges nat available to the general public or which would infer or Imply exclusive private use of public lands. Any permits, licenses, or subleases granted to adjacent private property owners or others, for use, alteration, improvement, addition of facilities, or any other purposes will be conditioned such as; a. To not restrict use thereof by the general public. b. To permit free and unimpeded passage along the shore. c. To be compatible with the Project Master Plan, Resource Nanageont Plan, and the EnvironmNntal Impact Statement adopted for the project. d. To have signs posted to the effect that "This 1s public property open to general public use.` 9. The Lessee shall establish and mlaintafn adequate records and accounts and render annual statements of receipts and expenditures to the District Em91wr, except for annual or weekly entrance fees which also are honored at other recreational areas operated by the Lessee. The District Engineer shall have the right to perform audits of the Lessee's records and accounts, and to require the Lessee to audit the records and accounts of I 7 y --1 e t S ' A any sublessees, and furnish the District Engineer a copy of the results of such an audit. 10. The rates and prices charged by the Lessee or its grantees for revenue producing activities shall be reasonable and comparable to rates charged for similar goods and services by others in the community and on the lake. The Government shall have the right to review such rates and C: prices and to'require an increase or reduction where it finds the objective of this paragraph has been violated. Changes to the price schedule shall be submitted in writing to the District Engineer for approval in advance. 11. The right is reserved to the United States, Its officers, asents, and employees, to enter upon the p-emises at any time to make inspections t 'concerning the operation and maintenance of the lands and facilities provided hereunder, for any purpose necessary or convenient in connection with river and harbor and flood control work, and to remove timber or other material required for such work; to flood the premises when necessary; and/or to make ary other use of the land as may be necessary in connection with public navigation and flood control; and the Lessee shall have no claim for damages of any character or account thereof against the United I States or any agent, officer, or employee thereof; provided however that the Government shall give advance notice of any such entry, or use of the i premises to the State Perk Manager, which shall include a description of the use or purpose of the entry. 8 -owl h t esents 12. Upon discovery of any condition that pr an 1mn+inent and dangerous threat to the health and safety of the public, the District Pa rt or all of the premises be closed to the j Engineer may require that any public until such condition is corrected and danger to the public is District Engineer regarding the the II elie+inated. The determination of existence of any danger to the public and the need for emergency closure of I G: The Lessee shall have no claim the premises shall be final and conclusive. officer, agency or employee for damages against the United States, or any thereof on account of action taken pursuant to this condition. IIM rations on the premises, the Lessee will 13. At the cometencnt of operations ~ utable insurance canpenY, ,I require its grantees to obtain from a ~ acceptable to the Government, l or indemnity insurance providing ' liability reesonabl+. and for limits of no less than that which is prudent. 000.000. whichever is ~ consistent with sound business practices; or greater, for any number of persons or claims arising from any one incident therefroa►, and $100,000 resulting with respect to bodily injuries or ~to have been suffered by any for damage to property suffered or alleged of this lease. from operations under the terms person or persons resulting tfurni the to Grantees shall require their insurance carrier or carriers the Lessee a copy of the policy or policies, or if acceptable ng the District Enginee P certificates of insurance helleMeke such proof of of such insurance by $aid grantee The Lessee s The District insurance available to the District Engineer upon request insurance required, if the uce the limits of liability Engineer may red 9 1 t 1 _a r A Lessee so requests and provides Justification based on the level and type of services to be provided by the grantee. The minimum amount of required liability insurance coverage is subject to revision by the District Engineer from time to time. The terms of this condition will not apply to Grantees which are self-insured Governmental entities. 14. This lease 1s subject to all existing easements, and easements subsequently granted, for roadways and utilities and for other purposes located or to be located on the premises; provided that the proposed grant of any easement will be coordinated with the lessee in advance and easements will not be granted which will, in the opinion of the District Engineer, interfere with developments, present or proposed, by the lessee. All outgrants on the premises will be granted in accordance with the approved project Master Plan. 1 15. Within the limits of their respective legal powers, the parties of this lease shall protect the project against pollution nr its water. The lessee shall not discharge waste or effluent from the premises in such a manner that discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. The Lessee shell comply promptly with any regulations, conditions, or instructions affecting the activity rareby authorized if and when issued by the Environmental Protection Agency or any Federal Agency, and/or a State, interstate or local Mater Pollution Control Agency having jurisdiction to abate or prevent water pollution. 1 Such regulations, conditions, or instructions in effect or prescribed by the Environmental Protection Agency or any Federal Agency, or State, J ~I ID J~ 1 1 ^I I ~f 9 4 .'yyjY 1 I' interstate or local agency are hereby made a condition of this lease. + The Lessee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs arising from the Lessee's activities, the Lessee shall be liable to restore f the damaged resources. 16. The Lessee shall comply with all applicable Federal laws and regulations and with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located, including, but not limited to, those regarding construction, health, safety, food service, water supply, sanitation, use of pesticides, and licenses or permits to do business. The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer end to such rules and regulations as may be prescribed from time to time. The Lessee shall additlonall y provide an annual report an the types and quantities of pesticides used on the premises during the previous year as a part of the annual management plan. (Reference Condition 2b). 11. This lease say be revoked by the Secretary of the Army in the event the Lessee violates any of the terms and conditions of this lease and continues and persists therein for sixty (60) days after notice thereof, in I writing, by the District Engineer. Such a termination shall not derogate or diminish such other remedies in law as may be available to the Government and in no way shall it act to relieve the lessee of its responsibilities and obligations under the contracts. In lieu of revocation, the District Engineer, in his discretion, upon a finding that a 11 ~ a A J violation constitutes a health or safety hazard, may suspend the use of , 7 that operation or facility until such deficiency is rectified. (Reference Condition 12). The lease may be relinquished by the Lessee by giving three (3) years prior written notice to the United States in the manner prescribed in Condition 19. 18. On or before the date of expiration of this lease, the Lessee shall vacate the premises, remove its property therefrom, and restore the premises to a condition satisfactory to th! District Engineer (normal wear and tear considered). If, however, this lease is revoked, the lessee shall vacate the premises, rL.ove its property therefrom, and restore the premises { as aforesaid within such time as the District Engineer may designate, but not less than 120 days. In either event, if the Lessee shall fail or neglect to remove its property and so restore the premises, then at the r option of the District Engineer its property shall either become property of the United States without compensation therefor, or the District Engineer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account thereof. The Lessee shall also pay the United States on demand any reasonable sum which nay be expended by the United States after the expiration, revocation or termination of this lease in restoring the premises. 1 19. All notices to be given pursuant to this lease shall be addressed, if to the lessee, to the Director, Dallas Water Utilities, City Halle Dallas. Texas 75201. The Director shall serve as the sole point of contact 1 12 ~ JI 1 •r -1 N-V ' r , r 1 ' F ' A for the Lessee until otherwise mutually agreed to by the parties hereto. It shall be the Director'3 responsibility to coordinate matters with the City of Denton. `totices to the Government shall be addressed to the / District Engineer, Fort North District, Corps of Engineers, ATTN: CESNF-RE-M, P.O. Box 17300, Fort Worth, Texas 76102-0300, or as may from time to time be otherwise directed by the Goverr,w:nt. Notice shall be c_ deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper, addressed as aforesaid, and deposited postage prepaid in a post office or branch post office regularly maintained by the United States Government. 20. The Lessee shall not remove or disturb cultural resources, or cause or permit such resources to be removed or disturbed, unless such is approved in writing by the District Engineer. Cultural resources are defined herein to be any historical, archeological, architectural or other C cultural artifacts, relics, vestiges, remains or objects of antiquity. If previously unidentified cultural resources are revealed on the premises, the Lessee shall Immediately notify the District Engineer and the site and material shall be protected by the lessee from further disturbance until a professional examination of there can be made and clearance to proceed is authorized by the District Engineer. For all future actions which may potentially affect known or unknown cultural resources, after initial park development, the Lessee shall be responsible for evaluation and potential mitigation cosh, following all applicable guidelines of Federal preservation law. All such actions will likewise be coordinated in advance 13 t ~ 1 ,YNNITP M• A with the District Engineer. I 1 21. The Lessee shall pay the cost of any electricity supplied to the premises and shall contract Independently with the supplier for its own account. All electrical and communication lines to be installed on the premises shall be routed underground where practicable. All electrical i installation will comply with the current edition of the National Electric Code and/or the National Electric Safety Code, as applicable. Arty lines CIA +rhich are to be installed overhead shall comply with Engineer Regulation 1110-2-4401. Pursuant to this requirement and until this condition is amended, all overhead lines will meet or exceed the minimum low-sag point elevations specif'ed in Exhibit D, which is attached hereto and made a part hereof. No facilities will be installed without written approval from the District Engineer, of plans for construction, in accordance with Condition 2. The Lessee shall be responsiSle for insuring compliance with all state ' and local laws governing water quality and testing of water supplied to the premises and compliance with all state and local laws and standards governing wastewater facilities. I~ 22. The Lessee shall not discriminate against any person or persons or exclude any persons from participation in the lessee's operations, i Programs, or activities conducted on the premises, because of race, color, ages sex, handicap, national origin, religion, or place of residency. The lessee, by acceptance of this lease hereby gives assurance that it will comply with Title YI of the Civil Rights Act of 1964 as amended, (42 USC 2000d); the Age Discrimination Act of 1975 (42 USC 6102); the i 14 1 y F±A K. A Rehabilitation Act of 1973, as amended (29 USC 794); and all requirements Imposed by or pursuant to the Department of Defense Directive 5500.11, may ' 210 1971. The assurance shall be binding on the lessee, its agents, successors, transferees, sublessees and assignees. 23. The Lessee shall not permit gambling on the premises, or install or operate, or permit to be installed or operated thereon, any device i which, in the opinion of the District Engineer is contrary to good morals or is otherwise objectionable; or use the premises or permit them to be used for any illegal or immoral business or purpose; there shall not be carried on or permitted upon the premises any activity which would constitute a nuisance. The Lessee shall not sell, store, or dispense, or permit the sale, storage, or dispensing of beer or other intoxicating liquors without prior written permission from the District Engineer. 24. a. The Government will take all reasonable precautions to prevent damage to the park environment and to avoid disruption of park operations aad recreation activities which might be caused by future mineral exploration and recovery activities. The Government will inform the lessee in advance when such activities are proposed and will give due regard to the lessee's comments and recow*mdations regarding protection and mitigation measures, as long as these measures do not abridge the lawful rights of the mineral estate owners. b. As to federally owned mineral interest, it is understood that they may be included in present or future mineral leases issued by the IE 15 a Bureau of Land Managem nt (BLM), which has re,ponsfbillt f development on Federal lands. the Department of the A lease stipulations to BLM that are designed to r ect the t ~nrequi activities that would interfere with the Lessee s o will ices fr contrary to local laws. Premises from peratfons or would be IN WITNESS WHEREOF, I have hereunto set MY hand by direction of the Assistant Secretary of the A } +elY~744 ,fL4 this _ 13h+ ~ day of 19~, i m"X %01 N" I This lee3e has been executed b CASA0.Ur-) y the City oa Dallas on the day of on the 19~, and by the City of Denton 4 c~ day of I9 CITY OF OAlIAS Richard Knight, Jr., City Manager CITY OF DENTOk I BY: s ^ nags BY: BOB A TLEBERRY (SEA!) Mayor APPROVED AS TO FORM: Anoleslfe MuncY. City Attorney ATTEST: f BY: enn er a or BY: City Secretary ss s an y o ney Submitted to c+r APPROVED AS TO LEGAL FORM; y 1 BY: t re r oat rayov c C Attorney 16 I i I c r~ CERTIFICATE t I Harpy J. Davis , certify that I as the Assistant City Secretary of the City of Dalles, Texas, named as lessor herein; that Clifford V. Keheley , who signed this lease on ; behalf of the City of Dallas, Texas was then _ Assistant City Manager of the City; and that said lease was duly signed for and on behalf of the City of Dallas, Texas by authority of Its governing body and is within the scope of its corporate powers. /dfjf, 9 (SEAL) i I_ Rar+Y 6H111rmc certify that I am the DepifW rtry Carrn}~rx of the City of Denton, Texas, named as lessee herein; that Bob Castleberry , who signed this lease on behalf of the City of Denton, Texas was than Mayor of the City., and that said lease was duly signed for and on behalf of the City of Denton, Texas by authority of its governing bogy and 1s within the scope of its corporate powers. (SEAL) i 17 e { 3 i Q t 1 30 s w QQ 1 VALLEY 4 j a: TIOGA ` F c.' PECAN Irv CREEK JORDAN PARK BUCK CREEK LEGEND ON C~ LAKE AREA RU SIN BRANCH PARK i t o PILOT C~ GOVERNMENT LAND I AOO POINT ROADS ~ o E o CREEK NO HUNTMIG y " I 4 TEMPORARY HUNTER PARKING ANGER • ACCESS POINT ONLY ISLE uBOIS s E RAY ROBERTA I AKF 1 J i 1 I~ ` r1 i Exhibit A-1 Recreation Area and Acreage Isle du-Bois Park 1687 Acres Johnson Branch Park 1514 Acres Pond Creek Access Area 20 Acres Sanger Access Area 20 Acres Pecan Creek Access Area 48 Acres Buck Creek Access Area 11 Acres Jordan Perk 350 Acres Low Density Area between Isle du-Bois Park and Jordan Park 461 Acres ' l f I ~ j i I E { r , { 1 j Exhibit A-1 j Recreatfon Aree and Acreaoe Isle du-Bois park 1687 Acres Johnson Branch Park 1614 Acres Pond Creek Access Area 20 Acres Sanger Access Area 20 Acres i Pecan Creek Access Area 48 Acres Buck Creek Access Area 11 Acres Jordan Park 350 Acres Low Density Are* between Isle du-Bois Park and Jordan Park 461 Acres i I I j i t PO Pak. 1 i ~ Ipta] I r jrg f i fn v' Itl.r. 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E i Exhibit 0 w «T-~- 1 y w Av" 1 /'TT ` arY of DEWOM, rEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76101 MEMORANDUM , DATE., March 27, 1991 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance REi NORTH TEXAS HIGHER EDUCATION AUTHORITY i Attached is the information regarding the North Texas Higher Education Authority. If you need additional information, or have any questions, please do not hesitate to contact me. 04 n F. McGrane JFMcG:af Attachement 5715F 8171566.8100 DIFW METRO 434.1529 j r a- ~1 ! [51wyC North Texas Higher Education Authority, Inc. 201 E, Abram, Suite 800 Arlington, Texas 76010.1196 (817) 265.9158 TO: Mayor and Council City of Denton FROM: North Texas Higher Education Authority, Inc. DATE: March 20, 1991 SUBJ: Request for Approval for Issuance of Tax-Exempt Student Loan Revenue Bonds or Other Obligations As you know, the North Texas Higher Education Authority, Inc. (NTHEA) Is required by law to obtain approval from its sponsoring cities for issuances of debt to finance its student loan secondary market program activities. The Authority last came to you for approval of its $50 million issuance of tax-exempt bonds in early 1990. Those funds were used to permanently finance loans acquired under a taxable line of credit. Approximately $58 million in loan purchases over the past twelve months have been made with that same line of credit thus exhausting the capacity of the line ($60 million). These loans now need to be refinanced because the line of credit expires April 30, 1991. The Authority was fortunate in that it obtained an allocation of $50 million under the state volume cap. (An allocation under this cap has been required since 1986 for any new tax-exempt issue. In Texas, allocation recipients are determined by lottery process.) Plans are now being made for a new band issue to refinance $50 million of the loans. The Authority is seeking your approval of this bond issue. i In addition, the Authority has an opportunity to acquire the outstanding debt y f I of the West Texas Higher Education Authority, Inc. (WTHEA) Dosed in E1 Paso. f WTHEA has been unable to acquire a sufficient amount of student loans in its service area and has concluded that its schoolo and lenders can be well served by another higher education authority and that there is no need for it to continue its operations. The amount of WTHEA debt outstanding is $193.5 million in the form of three bond issues of which approximately $73 million is secured with student loans and reserve funds, leaving some $120 million available for loan purchases. NTHEA believes its purchases can be accommodated with these funds, in e combination with existing funds, for the next two years. ' Among the reasons for acquiring the West Texas debt are (1) cap allocation is limited to $50 million per year and NTHEA's loan purchases amounted to over $75 million In 1990, (2) credit enhancement in the form of letters of credit and bond insurance to becoming increasingly more difficult to obtain for student loan bond issues, (3) tax-exempt bonds are the most cost-effective method of financing student loans, (4) without the WTHEA funds, the Authority's only sources of funds for new loan purchases would be its Sallie Mae line of credit, which is a very costly funding source, together with "recycling" of principal payments in existing bond issues. i , t e Since NTHEA will be issuing new debt to "refund" the West Texas bonds, the City's approval is required. The structure is considered a current refunding, and therefore, no cap allocation is necessary. The new $50 million allocation i will be combined with the West Texas refunding. NTHEA will be acquiring a total of $243.5 million in debt. To Recap the Approval Request: Amount Source Purpose $ 50,000,000 New Money - Cap Allocation Refinance existing portfolio c, acquired under line of credit 193,500000 WTHEA Bond issues to be $120 million in new loan refunded purchases over next 24 months $ 243 , 500., 000 Of the seven student loan authorities in the state North Texas is uniquely positioned to take advantage of this opportunity due to its quality loon y portfolios and cost effective administrative and loan servicing operations. 1 NTHEA considers itself very fortunate to be in this position. As always, the City's support is gratefully acknowledged. NTHEA is proud to be in the sponsorship of a council who believes strongly in its purpose of providing student access to financial assistance for higher education. e For your information, some updated information on NTHEA's activities is enclosed. Should you have questions or require further information, please contacts Kathryn Bryon, Assistant Secretary North Texas Higher Education Authority, Inc. i 201 East Abram, Suite 800 Arlington, Texas 76010 (817) 265-9158 Thank you again for your interest and support of the program. i , Enclosures i i i 1 1 ~J Ar- 1 i t R■■ i • NORTH TEUS HIGHER EDUCATION AUTHORITY, INC. FINANCING ACTIVITIES 1979-1991 Current Outstanding Credit Type Amount Purpose Balance Provider i 1979 Series A 10,000,000 New Loan Purchase $ 6,700,000e hone 1980 Series 8 6,000,000 New Loan Purchases 3,660,0004 None 1982 Series A 11,845,000 Refund Series A b B 2,895,00044 AMBAC 1982 Series B 25,000,000 New Loan Purchases -0- AMSAC 1983 Series A b 8 50,000,000 New Loan Purchases -0- AMBAC' 1985 Series A 23,100,000 Refund 19825 -0- AMBAC 1987 Series 1987 98,000,000 Refinance Loans Held 81,750,000 Fuji Bank Under Line of Credit 1990 Series 1990 50,000,000 Refinance Loans Held 50,000,000 Sallie Has Under Line of Credit Total Tax-Exempt Financings S, 273,945,000 $ 11,OQS_00D Taxable Financings) Current j f Outstanding Credit if Date TYPO Amount Purpose Balance Provider 1986 Line of S 90,000,000 New Loan Purchases b ! 60,000,000 Fuji Bank Credit to Refinance Loans Held I Under Series 1983A b 1 19838 1989 Line of 100,000,000 New Loan Purchases 100,000,000 Sallie Mae Credit 1990 Line of 50,000,000 Interim Financing of -0- Bank One Credit Loans for 1990 Bonds Total Taxable Financings 1240,OOO,pO0 S. t PA 0,000. a Funds from 1982A are escrowed for payment of these bonds. 4 Re funds Escrowed for Payajnt of Bonds at Maturity NTHEA STUDENT THAN PORTFOLIO ;j to of 2/28191 1 i Total Principal Amount of Student ! 163,991,644 Loans Total Number of Student Loans 85,818 Annual Default Bete 11,88X I a 6 YJS'ryw.s F ~ i 1 CERTIFICATE OF SECRETARY i THE STATE OF TEXAS $ COUNTY OF DENTON S S CITY OF DENTON S I, the undersigned, City Secretary of the City of Denton, Texas, do hereby certify the following: 1. On the day of 1991, the City Council of the Cl-ty-of Denton, Texas, convened in regular session at its regular meeting place in the City Hall of said City, with the duly corstituted members of the City Council being as follows: Bob Castleberry Mayor Randall Boyd } Mayor Pro Tem, District 1 Bob Gorton } Councilmember, District 2 Hugh Ayer ) Councilmember, District 3 Jane Hopkins } Councilmember, District 4 Jim Alexander } Councilmember At-Large (152) r John Trent ) Councilmember At-Large (3b4) and all Councilmembers were present at said meeting, except the followings Among other business considered at sad meeting, 'the attached resolution, entitled: f I A RESOLUTION BY THE CITY COUNCIL OF THE i CITY OF DENTON, TEXAS, RELATING TO THE 3 ISSUANCE OF OBLIGATIONS BY THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.1 APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND 44 THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH 1 was introduced and submitted to the Council for approval and passage After presentation and due consideration of the resolution, and upon a motion by , { 1 -1- ~ 36015 j seconded by the resolution was duly passed and adopted by the C ty Council, to be effective immediately, by the following vote: voted "For" voted "Against" abstained all as shown in the official Minutes of the City Council for the meeting held on the aforesaid date. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City council of said City on the date of the aforesaid meeting are those persons shown above and, according to the records of my 1 office, each member of the Council was given advance notice of the time, place and purpose of the meeting; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting,, including the subject of the entitled resolution, was posted I and given in advance thereof in compliance with the provisions of Article 6252-11, Section 3A, V.A.T.C.S. IN WITNESS THEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the day of 1991. f i I ~ C ty S®cretary City o Denton, Texas (City Seal) 1 i ' 36018 _2- 1 ti w~ e j v .s: F' RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, RELATING TO THE ISSUANCE OF OBLIGATIONS BY THE NORTA TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND THP USE OF THE PROCEEDS OF SUCH OBLIGATIONS; AND M:'x A'G CERTAIN FINDINGS IN CONNECTION THEREWITH WHEREAS, the North Texas Higher Education Authority, Inc. (the "Authority") was established as a non-profit corporation, pursuant to the Texas Non-Profit Corporation Act, for the purpose of furthering educational opportunities of students by providing funds for the acquisition of student loans; and i WHEREAS, the Authority has proceeded in the development of a plan of doing business and has issued student loan revenue bonds for the aforesaid purposes, and additional funds are needed to. continue the program, and it is now appropriate for this governing body to approve the issuance of additional bonds for such purpose; and WHEREAS, pursuant to Section 147(f), Internal Revenue Code of 1986, as amended, (the "Code"), public hearings were conducted on March 18 and 19, 1991, at 10:00 o'clock a.m., following reasonable public notice, with respect to the issuance of student loan revenue bonds or other evidence of indebtedness ("bonds") by the Authority in a principal amount not to exceed $243,500,000; and WHEREAS, the certified minutes of the proceedings from said hearing have been submitted to the City of Denton (the "City"); and WHEREAS, in order to satisfy the requirements of the Code, it is necessary for the city, following the holding of i the public hearing, to approve the issuance of the bonds and the use of the proceeds of the bonds; and i' -1- 3599S l .r , f WHEREAS, in order to satisfy the requirements of the Texas µ,m Education Code, it is necessary for the City to approve the issuance of all bonds or other obligations of the Authority, whether or not the interest on such obligations is included in gross income of the holders for Federal income tax purposes; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: I. That the City Council of the City of Denton, Texas, hereby grants it3 approval to the North Texas Higher Education Authority, Inc. to issue and deliver student loan revenue bonds, notes or other obligations, in one or more series, in a principal amount not to exceed $243,500,000, for the purpose of purchasing student or parent loan notes which are guaranteed under the Higher Education Act of 1965, as amended, obtaining funds to purchase additional student or parent loan notes so guaranteed; setting aside the amount the Authority determines is necessary for a reserve and for operating costs; and paying the cost of issuing such obligations, in accordance with the laws of the State of Texas, including Chapter. 53, Texas Education Code, Article 717k, V.A.C.S., as amended, and if the Authority so provides, Section 144 of the Code. It is understood that the Authority may accomplish the purposes set forth above by issuing bonds to pay, or to assume liability r for, student loan revenue bonds originally issued by the West Texas Higher Education Authority, and such issuance is hereby approved, so long as all indebted;iess issued by the Authority pursuant to this approval does not exceed ;243,500,000. II. Further, the Mayor and the City Secretary of the City of Denton are hereby authorized and directed to execute the Approval Certificate, a copy of which is attached hereto and incorporated herein as Exhibit "A" and to deliver certified copies of this resolution and the Approval Certificate to the Authority. -2- 35995 Y i ~ The City of Denton requests that the Authority exercise the powers enumerated and provided for in Section 53.47, Texas Education Code, as amended; that such Ise n, exer non-profit corporation shall, in thisof nQ ton oand thecStateuoE powers for and on behalf of the Texas Education Section 53.47(e). Texas, as contemplated by Code, as amended. Iv. The City of Denton does not agree to assume any responsibility student connection loan programth Sothe administration of the le responsibility Authority's ponsibility for the student loan program is administration Authority, Authority's assumed sumed by by , V. Further, it is recognized by the City of Denton that the instruments which authorize lspethe ciEically estate bonds or s eries that the of bonds by the Authority is not obligated pay the principal of or interest on the as an y bonds or series o Nothing in thiss resolution hall be co st ued the Authority. of Denton that it will pay or provide Eorindicatitheon payment the.of City any obligations of the said Authority i whether connections[ attention ris h called a to the constitutioninof tthe etofore State of Texas, wherein it is provided that a city may incur no made provisions for its payment, indebtedness without having and the City Council of the esentforefutureefunds, asseitslor present refuses to set aside any money for the payment of any indebtedness or obligation of the Authority. VI. It is hereby officially found and determined that the meeting at which this resolution is passed is open public, as required by law, and that public ticaes of the red time, place and purpose of said meeting was posted, law. J -3- 3599S i i I l S ~ r ~ 1 i VII. This resolution shall become effective from and after its passage as provided by law, PRESENTED AND PASSED on this the day of 1991 by a vote of ayes and nays at a regular meeting of the city council of the City of Denton Texas. Mayor ATTEST: City Secretary APPROVED AS TO FORMS City Attorney By; ! fh~ 3599S _4_ y A F x f EXHfBIT A I APPROVAL CERTIFICATE i I am the duly elected Mayor of the City of Denton, Texas (the "City"), an as such the applicable elected representative of the City pursuant 5147(f)(2)(B) of the Internal Revenue Code of 1986, as amended. On March 18 and 19, 1991, public hearings were conducted regarding the issuance of bonds by the North Texas Higher Education Authority, Inc, in an aggregate principal amount not to exceed $243,300,000 (the "Bonds") and the utilization of the proceeds of such Bonds for the purposes of (1) purchasing student loan notes, (2) refunding student loan revenue bonds issued by the west Texas Higher Education Authority in order to purchase student loan notes and obtain funds to purchase additional notes, (3) setting aside certain , funds for the payment and security of the Bonds, and (4) paying certain expenses in connection with issuance of the Bonds, as r provided and limited by the Internal Revenue Code of 1986, as parentsStudent of area nTexas otes executed Education byod students (oramended, loan notes and students) who are residents of the State of Texas or who have been admitted to an "accredited institution" in the State of Texas ( Education Code). A . such hearing is attached hereto as Schedule I t As the applicable elected representative of the city, I hereby specifically approve the Bonds described above and the use of the proceeds of such Bonds for the purposes stated above. J, SIGNED AND SEALED this day of 1991. _ I Mayor, City of Denton, Texas I ` (SEAL) ATTEST: C ty Secretary City of Denton, Texas I 36008 i ~v w~san~ k r Y Schedule I CERTIFICATE I, the undersigned ari an authorized representative of ' the North Texas Higher Education Authority, Inc, (the "Issuer") duly appointed by such Issuer to condc t public hearings (the "Hearings") at 10 o'clock a.m. on Monday, March 18, 1992, and Tuesday, March 19, 1991, and do certify as follows, On behalf in the offices of the Higher Education Servicing Corporationn located at 201 E. Abram, Suite 800, Arlington, Texas. The Hearings concerned the issuance of student loan revenue bonds of the North Texas Higher Education, Inc. in an amount not to exceed $243,500,000. 2. A true, full and correct copy of the minutes of the Hearings is attached hereto. 3. On Sunday, March 3, 1991, public notice of the h general earing on March 18, 1991 was published in a newspaper of Arlington, ciTexas. On Tuesday, March published 5, 1991, public notice of the hearing on March 19, 1991 was published in a newspaper of general circulation in, and published in, the City of Denton,i Texas. Attached hereto following the minutes of the Hearings are affidavits of publication relating to said public notices. SIGNED this 19th day of March 1991. , Name: Kat r n Bryan ~ ' Title: t! si'ant Secretary ANth Texas Higher Education Authority, Inc. e , i 36025 { 1 t ~ MINUTES OF THE HEARINGS OF MARCH 18, AND 19, 1991 Each of the public hearings for the purpose of hearing y from interested members of the public concerning the proposed issuance of obligations by North Texas Higher Education Authority, Inc. in an amount not to exceed $243,500,000 (the "Bonds") and the utilization of the proceeds of the Bonds by the North Texas Higher Education Authority, Inc. for the purposes of (1) purchasing student loan notes, (2) refunding student loan revenue bonds issued by the west Texas Higher Education Authority in order to purchase student loan notes and G, obtain funds to purchase additional notes, (3) setting aside certain funds for the payment and security of the Bonds, and (4) paying certain expenses in connection with issuance of the Bonds, as provided and limited by the Internal Revenue Code of 1986, as amended, and the Texas Education Code, as amended, was opened at 10 o'clock a,m. The undersigned requested all persons who desired to speak either for or against the issuance of the obligations to so indicate by raising their hands. The following persons present at the meeting so indicated: None Following such comments, the undersigned then announced that the hearing was closed. Naft: athr an Title: Assistant Secretary i i 3603S a ~ r DATE: 03/20/91 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: APPROVING A CONTRACT WITH THE TEXAS HISTORICAL COMMISSION REGARDING PARTICIPATION IN THE "URBAN MAIN STREET" PROGRAM RECOMMENDATION: Recommend approval. $UNNARY: This motion will permit the City Manager to sign a contract with the Texas Historical Commission to continue participation in the Texas i , Urban Main Street Program. BACKGROUND: ` This contract represents the second year of our three year commitment to participate in the state program. Council passed a resolution (attached) supporting the Urban Main Street Program application on August 22, 19890 and on December 19, 1989 authorized the City Manager to sign a contract for the first year of participation in the program (attached). PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: r Denton Main Street Program FISCAL IMPACT: Reaps fully nubpp~~t__ied: 91pn ed by: Lloyd Y. Harrell City Manager ilee I tree t Manager I Ap JAI i F aak H. Rob he, AICP Executive Di etor Planning and Development 3232k f r thtr RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS HISTORICAL COMMISSION FOR SERVICES FOR THE URBAN MAIN STREET PROGRAM; AND PROVIDING AN EFFEC- TIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION I. That the City Manager is hereby authorized to ex- ecute an agreement between the City of Denton and the Texas His- torical Commission for services for the Urban Main Street Program, r. under the terms and conditions contained in the agreement, a copy of which is attached hereto and made a part hereof. SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1991. BOD CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: f APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY k BY: L ti r'te' caw.w+ I g~p•TE OFT IXICI n wt DImKT01 T E X A S H I S T O R I C A L C O M M I S S I O N P.O. BOX 12276 AUSTIN, TEXAS 71711 4511)"3-610 CONTRACT FOR SERVICES - URBAN MAIN STREET PROGRAM I. PARTIES TO THE CONTRACT This contract and agreement concerning the Denton Main Street Program is entered into this thirteenth day of February, 1991 between the City of Denton, Texas (hereinafter referred to as the City of Denton) and the Texas Historical commission, Main Street Department (hereinafter referred to as THC). II. STATEMENT OF SERVICES TO BE PERFORMED BY TEO 1. THC shall provide the Denton Main Street Program with training for a local Main Street Program Manager and an assistant, including a one or two segment course totalling approximately two weeks, a training manual, a Texas Main Street Handbook, and a Main Street slide show. 2. THC shall provide staff visits from the Urban Main Street Project Director, the Urban Main Street Architect and the Marketing and Design Specialist. These visits will assist with goal-setting, project evaluation and display techniques. THC will also provide facade sketches and consultations with building and business owners. 3. THC shall provide the Denton Main Street Program recognition through listing in all Texas Main Street publications. 4. THC shall provide the Denton Main Street Program Manager with Main Street Weekly Updates. 5. This contract shall cover services provided by THC to the City of Denton and the Denton Main Street Program from January 1, 1991 through December 310 1991. 4 ~ I 7 ✓/fe dale rf1 014WlarG140ria ✓n.rmaWl&n i 1 1 _a n KJ .f' . Contract for Services Texas Historical Commission Page 2 of 3 III. STATEMENT OF RESPONSIBILITIE8 OF TEE CITY OF DENTON 1. The City of Denton shall employ a full-time Main Street Program Manager. 2. The City of Denton shall employ a full-time Assistant to the Main Street Program Manager. 3. The Denton Main Street Program and its Main Street Program Manager shall be recognized by a resolution of support passed by the City Council of Denton. 4. The Denton Main Street Program Manager shall complete the training programs provided by the THC. 5. Monthly reports cosigned by the Main Street Program Manager and the Executive Director of Planning and Development of the City of Denton shall be submitted to THC. 6. The City of Denton shall demonstrate its financial commitment and its ability to fund the project to the satisfaction of THC for a period of three years as described in "Table A, Budget" appended hereto which was submitted with the Applica- r tion, amended to include the position and funding for the Assistant Program Manager. 7. This contract shall require that the aforementioned respon- sibilities be met by the City of Denton and the Denton Main Street Program for the period of January 1, 1991 through December 31, 1991. IV. CONTRACT AMOUNT The City of Denton shall pay THC a stipend in the amount of $2,500 that shall defray the cost of THC staff time and expenses for the services provided by THC to the Denton Main Street Program. V. BASIS FOR CALCULATING PAYMENTB Payment shall be made to THC upon execution of this contract by January 1, 1991 in one lump sum of $2,500. VI. TERMINATION Either party shall have the right to terminate and bring to an end all performances to be rendered under this contract by notifying the other party in writing at least 10 days in advance of termination date. Contract of Services Texas Historical Commission Page 3 of 3 VII. ACCESSIBILITY OF RECORDS AND INSPECTION Or YORE 1. THC shall have the right at all reasonable times to inspect or evaluate the work being performed in the Denton Main Street Program, 2. The City of Dentons by and through its authorized representa- tives, shall have access and right to examine any and all records, files, books, documents or other materials that it would otherwise have the right to examine under the open Records Act. IX. CHANGES AND AMENDMENTS C*. Any alterations, additions, or deletions to the terms of this contract shall be amended in writing and signed by both parties. THE UNDERSIGNED PARTIES BIRD THEMSELVES TO THE FAITHFOL PERFORMANCE OF THIS CONTRACT. CITY OF DENTON, TEXAS TEXAS HISTORICAL COMMISSION By. By, ~ City Manager Executive Director Date: _ Date: By: Agency Contact Date: BY: Fiscal officer Date: V Approved as to form: CITY OF DENTON, TEXAS TUAS HISTORICAL COMMISSION, MAIN STREET DEPARTMENT i City Attorney Assistant Attorney General State Approval Date: of Texas Approval Date: t ~ TABLE A BUDGET PUBLIC FUNDING From City of Denton: ACCOUNT DESCRIPTION 1989-90 1990-91 1941-92 Salary and Benefits $36,234 $39,435 $40,136 8101 Office Supplies 11000 600 700 8102 Books and Magazines 200 0 0 8109 Postage 1,000 700 900 8115 Film 500 250 150 8503 Travel 1,650 11000 10200 8504 Advertising 0 882 482 8505 Dues and Publications 0 300 300 8518 Rent/Utilities 2,205 2,928 2,928 8522 Schools and Seminars 0 400 400 8 534 Printing 0 ng 2s300 2 8916 Council and Board Exp. 500 0 ,3 0 8502 Texas Historical Comm. 5,000 26500 19500 8502 Special Services 2,300 2.500 3,500 TOTAL City of Denton $50,589 $53095 $540496 ; PRIVATE FUNDING (See Attached Pledge Sheets) I 1 DESCRIPTION 1989-90 1990-91 19,91-92 Salary 3 Benefits - Aest. Project Hsc. $140070 $179300 $17,300 TOTAL: Private funding 1 TOTAL BUDGET $64,659 $71,095 $71,796 1 I 1941k I j I 1 a 1{yFi:. . F:5VIt~ j 1 DENTON RAIN STREET PLEDGE FULFILLMENT . 1990 Annual Pledges Pledgers Pledge Amt. Amt. Paid Amt. Due DCBDA $ 31000 $ 31000 $ Ben E. Keith foundation 21000 20000 First State Bank 10000 1100D Tetra Pak 11000 11000 Denton Regional Medical Center S00 S00 G; GTE 500 195 S Verification$ Inc. S00 0 SOJ I Family Radiology S00 500 Troy LaGrone 300 300 Law Office of David H. Biles 250 2SO United National Bank 230 250 Kelsoe Oil Company 200 200 Davis Purity Bakery 100 100 first Peoples jewelers 100 100 Thomas Ethan Allen Gallery 100 100 1 woodin Financial Services 100 100 Rahna Raney so 50 Total Annual Pledges Paid $100450 $9,915 Due $ 505 I Seal-Annual Pledges { Total First Second PI ers Pledge Amt. mt. Pd. Pmt. Pd. Due Philips k Nopklns $10000 $ S00 $ S00 $ Apes computer placements S00 250 250 Ramey, King a Rinnis 250 125 12S Fred a Barbara pole 200 100 100 Sammons Communications 200 100 110Q, Total Seml-Annual Pledges Paid $2 ,150 $1,075 $-975 Due $ 100 273§k/ I , ~J M ~7e . Denton Main Street Pledge Fulfillment 1990 Page 2 Quarterly Pledges Total Quarter Quarter Quarter Quarter Pledgers Yearly 1 2 3 4 Due Denton Publishing Company 61,000 $250.00 $250.00 $250.00 $250.00 ; .00 Evers Hardware 300 75.00 75.00 75.00 75.00 .00 Locust Street Grill 250 62.50 62650 $2050 62.50 .00 Denton county independent Hamburger 100 25.00 25.00 25.00 25.00 Grimmera oriental Rugs 100 25.00 25.00 25.00 25.00 Total Pledges Paid $1050 $437.50 ;437.50 $437450 $412.50 Due $25.00 r Single Cash Contributions Pledged Received Lone Star Gas $250 $250 Galen 00 Gilbert 100 100 Total $359 $351 Pledge Amount Received Total 1990 $14,700 $14,070 f j 917L4M - w PAM I ! DENTON MAIN STRUT PLEDG 1991 E FULFILLMENT Annual Pledges Pled era Pledae Amt DC80A Amt` = Paid Amt. out Ben E, Keith Foundation $30000 RMS 21000 First State Bank 20000 Tetra Pak 11000 2.000 Denton Regional Medical Center 11000 10000 GTE S00 Verification, Inc. 500 Family Radiology S00 Troy LaGrone 500 Law Office of David N. Silas 300 United National Bank 250 300 Kelsoe oil company 250 Davis Purity Bakery 100 First Peoples Jewelers 200 100 Thomas Ethan Allen Oaliery 100 100 Woodin Financial Services 100 300 Rahna Raney 100 100 Total Annual Pledges Paid so 100 Due a12/3S0 X71800 8021-Annual Pledges Plsd •rs Total First Pledae Second P Pd. P . Pd. Due Philips a Sopklno ! Ape: Computer Placements =11000 =500 { Raaeyr King a Minnie 500 1 Fred a aarDaea pole 200 250 125 j SamaOna Coftualoati0ns 200 Total Semi-Annual Pledges Paid 100 $Tom F7S Due I~ 273$k/3 e i ~s Denton main street Pledge Pultillment 1991 Page 2 r Quarterly Pledges i Total Quarter Quarter Quarter Quarter Due Pled Yearl 1 - 2 3 Denton Publishing Company $1,000 $250 300 Evers eardvore 250 Locust Street Grlll Denton County independent 100 Hamburger 25 Gtimsto Oriental Rugs 1100 50 1350 Total Pledges Paid 1 1r Due f a; Total Pledges 1991 Pledge w mount Received I1br250 ISrllS a Total 1991 l 444 3 k 1 i i i 2716k/9 i i I e i M . w DENTON MAIN STREET PLEDGE fOLPILLMENT 1992 Annual Pledges Pledgers Pledge Amt. Amt. Paid Amt. Due DCBDA $3,000 Ben E. Keith foundation 21000 RMB 20000 20000 first state sank 11000 Tetra Pak 11000 Denton Reglopal Medical Center S00 GTE Soo Verification, Inc. Soo Family Radiology 500 Troy LaGrone 300 Law Office of David W. Bilos 2S0 united National Bank 250 Kelso* Oil Company 100 Davis Purity Bakery 100 first peoples jewelers 100 Thomas Ethan Allan Gallery loo Noodin financial services 200 100 Rahna Raney 50 Total Annual Pledges Paid $12,450 Due I Semi-Annual Pledges Total first $scond f Ptedaers Pledae Amt. t. Pd. Pat. Pds ue Philips i Hopkins $1x000 Apex Computer Placesents S00 Raaoy, King a Itinnis 250 kl~ trod o Earbate Pole 200 $4,10mons CO Mfnications 200 Total Semi-Annual Pledges Paid $3236 Due ~ s 273Gk/S r f ~ 1 y~• sypr~ E l ~ t I Denton Main Street Pledge Fulfillment 1992 Page 2 Quarterly Pledges Total Quarter Quarter Quarter Quarter Pledgers yearly 1 2 3 / Due i Denton Publishing Company !10000 Evers Hardware 300 Locust Street Grill 250 Denton County Independent Hamburger 100 c Grimmers Oriental Rugs 100 f Total Pledges Paid $lrWo Due Total Pledgee 1992 Pledge Amount Received Due Total 1992 l16,3S0 120100 l i f I i i 1710 /f, 1 ro, B M.. RESOLUT.[ON [10. A RESOLUTIONANDPRO PROVIDING INO AN PROC RAMI PARTICIPATION IN THE "URUX MAIN STREET EtI'E'CTIVE DATE. " r WURZAS Coaaissiae been authoriie3dtLo asPrOJOhl storic the Texas in citiso► with a ciatarrea Public Population of so, 000 a coaa•rial areas s three Texav&oities wrill be es ileeUlift tsd to eir tog oust develop a in 19901 parti'ciwet aria, and to t• in the Prof o~•ot WHZPWP that it is in the auPPort the devlOPaent and divers licatlone o! t the that the economy of city An TtonwasWrOgE, will be accoaplished by the Urban Hain street pr o4raal ~ as IT REeOLVED By Ta COUNCIL OF TU CITY Or DXmNJ Partlcip'in That the City of Dsntoa apply or the 1990 "Urban Main Street" fers•lsotion to lh~econtslgcbao2otih~ prLstaaliting~ tad business R " with the buildings. ilitation olaits histarim full - ti=MmQaa u~ That the city of Denton taterAs staff with travel rest Project staff for to co-tend a Dentop will t%h" training. That y he Clod coon Provide the Main street pi commit tf to lowing tLnal~oial support to UoS Den en of funding in subffact act !o or year anal N 384.00, S J" ont ton to 4PPfopriation by the city Counc le years{ Susinssr District ~'IZI 'That the City will contract with the Central program, Association to co-sponsor the Urban Main Strawt program cSY. That Jane Finley be designated to coordinate the n i relation to~Mttsrs irwoivi WW serve as the prinol ng the City. Pal contact i 1 {i SECTioN y. That this resolution shall become affective , immsdiataly upon its pas849e and approval. PASSED AND APPROVED this the i day of 01999. RAY a re, rq oR ATTESTi JENNI 1! MALTERS, CIT SE TAR APPROVED AS TO LEGAL FORM DEBRA ADAM DRAYOVITCHO CITY ATTORNEY t 89-477/,1749 I f i ~ l 1 f f J 1 DATE: April 2, 1991 I CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: noyd V. Varrell, City Manager SUBJECT: Adoption of a Resolution supporting the enactment of House Bill 825. RECOMMENDATION: Staff recommends the approval of this Ordinance. SUMMARY: As proposed, House Bill 82S will allow City and County Governments to assess a $1.00 fee for each new or used tire sold within their jurisdic- tion. This fee would be paid by the seller and the seller would be required to maintain records on the disposition of tires which would be available for inspection by the a;propriate governmental entity. The funds generated by this fee would be placed in a special fund and used for the expenses related to the cleanup and proper disposal of tires which are illegally dumped on public and private property. If this particular Bill is adopted and the City of Denton opts to adopt an ordinance imposing such a fee, then Denton County would not be allowed to collect any similar fees from the businesses within our Corporate Limits, thereby eliminating double charges. BACKGROUND: Although the illegal dumping of tires has been a significant problem throughout the State, new Texas Department of Health and EPA regulations have increased the necessity of this legislation. These new regulations required special handling of tires at disposal sites which has signifi- cantly increased the cost of proper disposal. As a result, the majority of disposal sites have implemented special and higher fees for tire disposal which has increased the magnitude of illegal dumping activities, Unfortunately, the City has not kept any number.; relative to the actual number of illegally dumped tires which are cleaned up by City crews; however, we do know that illegally dumped tires are a frequent problem. The funds generated by H.B. 82S would assist the City in covering its costs for such cleanup and disposal activities. IA2/03259104S/1 I I ~.r a r. PPP I ! ADOPTION CF RESOLUTION, April 2, 1991 Page 2 PROGRAMS, DEPARTNIENIS OR GROUPS AFFECTED: Tire Dealerships, Solid Waste Disposal Section, Drainage and Street j Divisions, Parks Division, Residential Solid Waste Division, Code Enforce- ment Office FISCAL IMPACT: Undetermined at this time. J V~J Respertf lly submitted, d oy . arre City Manager Prepared by: i ge o Director of Con unity Services Approved by: Nelson Executive Director of Utilities i IA2/032591045/2 f M1e'Y M1N~ S9 '1 hbr 1 RESOLUTION NO. y 1 A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL SUPPORTING THE ENACTMENT OF HOUSE BILL 825 WHICH ALLOWS MUNICIPAL AND COUNTY GOVERNMENTS TO CHARGE CERTAIN FEES ON NEW AND USED TIRES SOLD WITHIN THEIR JURISDICTIONS} AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the dumping of tires on public and private property poses a significant threat to public health and safety? and WHEREAS, the improper disposal of tires on public and private property detracts from the appearance of the community; and WHEREAS, the cleanup and proper disposal of tires which have been dumped on public and private property represents a significant expense to private property owners, local governments and the gen- eral public; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. SECTION i. That the City Council of the City of Denton sup- ports the adoption of House Bill 825 that would. A. Allow municipal and county governments to charge a fee of $1.00 on each new and used tire sold within their juris- diction; B. Allow municipal and county governments to adopt regula- tions, including requirements that the seller maintain records regarding the disposition of tires, which would be available for inspection; and C. Require municipal and county governments collecting the fees to place such fees in a separate fund which may only be expanded for the purposes of cleanup and disposal of dumped tires. SECTION IT. That this resolution shall become effective im- mediately. PASSED AND APPROVED this the ! day of , 1991. BOB CASTLEBERRY, MAYOR r 7 1 j ATTESTI JENNIFER WALTERS, CITY SECRETARY ' j BY$ APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY i' t ~J BYs ti 1 j 1 1 14 E ...a 10 r t By~ B. No. A BILL TO BE ENTITLED 1 AN ACT 2 relating to requirements for municipal solid waste collection= 3 providing a criminal penalty. 4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXASI 5 SECTION 1. Chapter 361, Health and Safety Code, is amended 6 by adding Subchapter N to read as followsi 7 SUBCHAPTER No SOLID WASTE COLLECTION REQUIREMENTS 8 Sec 361.451 DEFINITION. In this subchapter, "collecting 9 location" means the location from which a person collects municipal 10 solid waste, including residential and commercial curbside F 11 collection and collection from a receptacle that is specifically 12 designed and used to hold municipal solid waste before collection. 13 Sec 361.452, COLLECTION REQUIREMENT. (a) A person who 14 agrees to provide municipal solid waste collection services shall 15 collect the municipal solid waste at least once a week from each 16 collecting location that has municipal solid waste at that time. 1 17 (b) A contract for the collection of municipal solid waste 18 shall require collection at least once a week from each collecting 19 location that Me municipal solid waste at that time. 20 Sec 361.453. CRIMINAL PENALTY (&)__A person commits an 21 offense if the person does not collect municipal solid waste from 22 each collecting location a?s~preecribed by Section 361.452. 23 (b) An offense under this section is a misdemeanor - 24 punishable by a fine of not less then 4200 or more than $1,000. 72R150B CBH-D 1 k a QY fRYLfp 4 1 Each week in which the person does not collect municipal solid e A 2 waste as prescribed by Section 361.452 constitutes a separate 3 offense. 4 SECTION 2, This Act takes effect September 1, 1991, and 5 applies to a contract to collect municipal solid waste that is made 6 on or after that date. If a person is collecting municipal solid 7 waste without a contract, this Act applies to municipal solid waste 8 collection that is performed on or after the effective date of this C: 9 Act. 10 SECTION 3. The importance of this legislation and the 11 crowded condition of the calendars in both houses create an 12 emergency and an imperative public necessity that the I 13 constitutional rule requiring bills to be read on three several 14 days in each house be suspended, and this rule is hereby suspended. i I I I I 1 l 72A150B CBH-D 2 I 15` .wae+q s CITY COUNCIL REPORT Council a TO, Mayor and Members of the City r FROM: Lloyd V. Harrell, City Manager I SUBJECT: street Closing Request for the Day of the cougar at Calhoun Junior High on Friday, May 10 t G•_ i I ncrnMMFpIDATiON: s To temporarily close Congress Street, from Denton Street to Alice Street, on Friday, May 100 frm 3:00 P.mi to 6:00 P.M. for the annual Cougar Day event at Calhoun Junt9 h school. A rain date of Friday, May 17, has also been requested. ~ - event at Calhoun Junior High ~ The annual Cougar Day fundraising coup has requested ~ 1 School is scheduled for Friday, May 10. The g f that the street be closed to provide adequate space and safety for I those in attendance. property owner affected by this closure is the DISD Who The only on Congress, between Denton and Alice I owns all abutting property Streets. The attached Petition bears the signatures of the l Principal of Calhoun Junior High and the DISD Superintendent. this r Both the Police Chief and Fire Chief with ethis n temporaryadvised street event and have no safety concerns closure. ' Please advise if I can provide additional information. RESPECTFULLY SUBMITTED, 1 4dd. Harrell City Manager I Prepared by: Cather no E. Tuck Administrative Assistant r REQUEST FOR STRE9T CLOSURE Or anization rues inq street closure ~~i~,1 X111 Nl0~ Contact Pecson; ffAdoi4e- U Address: Phone Number: Street To Be Closed:_ mcpye Date and Time To Be Closed: v QA,%. V , CA - (ST, C intersecting Streets: Reason ?cc Closure: 1A ~V, Please complete the bottom portion of this form. residents and/cc businesses affected by the street closure MUST be contacted and sign below with an indication of being in favor cc in opposition to the street closure, ' ' NAME AUTHORIZED or BUSINESS- TURE C~FX~VOPJOSZ I 1' Uk 2 ~ a 3. 4. E I 4 8. i 9. 10. 2983C/S l 4 w ~i REQUEST FOR STREET CLOSURE Or anization rues ing street closure ~Q~ ~10U11 IMOK Contact Person: ~A M4 ~ e- l) Address: Phone Number Street To Be Closed: Date and Time To Be Closed:- o a 1 l~ O Pink. Intersecting Streets:~iCp_J1rUY1C M ~IITT~II) I Reason For Closure: 61A 1k 01 1~ Please complete the bottom portion of this form. aL~4 residents and/or businesses affected by the street closure MM be contacted and sign below with an indication of being in favor or in opposition to the street closure. NAME AUTHORIZED I 1 Lk \ 2 3. 4. 4 5. 6. , 7. I 9. 10. r F 2963C/5 N 'I r awau~ 1 . C"r RESOLUTION N0. V~ I A RESOLUTION TEMPORARILY CLOSING CONGRESS STREET BETWEEN ALICE STREET AND DENTON STREET ON FRIDAY, MAY 10, 1991, AND ON MAY 17, 1991, IN CASE OF INCLEMENT WEATHER ON MAY 101 1991; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on Friday, May 10, 1991, Calhoun Jr. High PTA is sponsoring the annual Day of the Cougar fundraising event, to be held on Congress Street between the intersection of Alice Street and Denton Streeti and WHEREAS, all property bordering Congress Street between the intersection of Alice Street and Denton Street is the property of Calhoun Jr. High; and WHEREAS, the Day of the Cougar fundraising event is open to the general public of the City and County of Denton; and WHEREAS, in order to provide adequate space for the said fund- raising event and in order to protect the safety of citizens who attend, the City Council of the City of Denton deems it is neces- sary to temporarily close a portion of Congress Street between Alice Street and Denton Street from the hours of 3:00 p.m. until 6:00 P.M. on Friday, May 10, 1991; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION I. That the portion of Congress Street between Alice Street and Denton Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on Friday, May 100 1991 from 3:00 p.m. until 6:00 p.m. for the purpose of holding the Day of the Cougar fundraising event. SECTION 11. That, should the City Manager determine that it is necessary to reschedule the events of May 10, 1991 due to inclement weather, the portion of Congress Street between Alice Street and Denton Street shall be temporarily closed as a street or public thoroughfare of any kind or character whatever on Friday, May 17, 1991 from 3:00 p.m. until 6;00 p,m, for the purpose of holding the Day of the Cougar fundraising event. SECTION Iii. That the City Manager shall direst the appro- priate City Department to erect barricades at Congress Street, from its intersection with Alice Street to its intersection with Denton street, at 3:00 p.m, and to have the same removed at 6:00 p.m. on May 10, 1991. i ~ t I A SECTION IV. That, should the City Manager determine that it is necessary to reschedule the events of May 301 1991 due to inclement weather, the City Manager shall direct the appropriate City Depart- ment to erect barricades at Congress Street, from its intersection with Alice street to its intersection with Denton Street, at 300 p.m. and to have the same removed at 6:00 p.m. on May 17, 1991. SECTION y, That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the _ day of , 1991. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i , Biu / J I Page 2 I i .Y s i April 2, 1991 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL Ga' FROM; R. E. Nelson, Executive Director of Utilities RE: AN ORDINANCE APPROVING A REVISED TARIFF AND RATE SCHEDULES FOR ELECTRICAL SERVICES PROVIDED BY DENTON COUNTY ELECTRIC COOPERATIVE INC., TO ITS CUSTOMERS IN THE CITY OF DENTON, TEXAS) AND PROVIDING FOR AN EFFECTIVE DATE. RECOMMENDATION: Staff recommends approval of subject ordinance. I SUMMARY/BACKGROUND: { Approximately December 4, 1990, Denton County Electric Cooperative, Inc., filed with the City of Denton, a statement of intent to change its rates system wide and for authority to change rates within the corporate limits of the City. They filed the same statement of intent and a petition for authority to change rates with the Public Utilities Commission. Some oi. the cities most affected by the rate change contesi:ed the proposed increase initially filed by the Cooperative before the Texas Public Utility Commission. All j parties eventually settled the case (PUC Docket No. 9892) and stipulated to a revised tariff for the Cooperative's customers. The Legal Department has reviewed this request and made some changes to the ordinance proposed by the Denton County Electric Coop based on the ordinance Lewisville passed. The revised tariffs are attached to the ordinance. DTNCOOP.21 w s i Y CITY COUNCIL AGENDA ITEM DENTON COUNTY ELECTRIC COOPERATIVE PAGE 2 Approval of subject ordinance will approve the tariff agreed upon in the rate case; otherwise, the Cooperative possibly ' could implement the rates originally proposed. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED i Residents Inside the City of Denton corporate limits using Denton County Electric Coop service. p FISCAL IMPACT Increase in revenues to the Denton County Electric Cooperative of $20892,180 on a total Texas System y R9ydV. ully, L1 Harrell City Manager Prepared by: if Nelson, Exec.Director Utility Adm Dept. Exhibit I Ordinance II Proposed Tariffs IF- n deco ORDINANCE NO. AN ORDINANCE APPROVING A REVISED TARIFF AND RATE SCHEDULES FOR ELECTRICAL SERVICES PROVIDED BY DENTON COUNTY ELECTRIC COOPERATIVE, INC. TO ITS CUSTOMERS IN THE CITY OF DENTON, TEXAS$ AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about December 4, 19901 Denton County Electric Cooperative, Inc. (the Cooperative) filed with the City of Denton (the City), pursuant to the requirements of the Public Utility C"a Regulatory Act, a statement r-f intent to change its rates system wide and for authority to cha.-e rates within the corporate limits of the City; and WHEREAS, the Cooperative filed with the Public Utility Commission of Texas the same statement of intent and a petition for authority to change rates and requested the Commission to approve implementation of the change in rates within areas in the original jurisdiction of the commission; and WHEREAS, the Cooperative's request to the Public Utility commission has been thoroughly investigated by the Public Utility Commission's staff and intervenors, including the incorporated municipalities of Lewisville, Carrollton, Plano, Double Oak, and Flower Mounds and WHEREAS, all parties to the Public Utility Commission proceed- ings considering the Cooperative's rate request have settled and compromised on a revised tariff which will increase its annual revenues by $2,892,180 on a total Texas System, in accordance the agreement of the parties entered in Docket No. 9892 before the Public Utility Commission of Texas; and WHEREAS, the Cooperative has asked the Commission to approve the revised tariff as provided in the agreement of the parties before the Commission; and WHEREAS, the Cooperative has requested that the city approve a change in the tariffs, rates, and charges, in compliance with the agreement entered into in Docket No. 9892; and WHEREAS, the Cooperative has represented to the City that the attached tariff, including the rate schedules, comply with that agreement; and WHEREAS, the City finds the agreed tariffs and schedules of rates are reasonable and lawful; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SFCT~_ ION I. That the revised tariff for the Cooperative, attached hereto as Exhibit B and incorporated herein by reference, which Exhibit At attached hereto and incorporated herein by reference, in is approved for implementation to ell electrio service fe i ren Bred 1, 1991. Such tariffs shall apply and after April 1991. until hanged,smodified, herein approved, applicable laws. amended, or withdrawn in accordance with app The enactment of this Ordinance constitutes, on the dr,te of its final passage, a final determination of rates for the Cooperative within the City in accordance with Section 43 of the Public Utility Regulatory Act. cF i0 If any section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid or unenforceable by a Court of competent juris- diction, such decision shall not affect the validity of the remain- ing section, sentences, clauses, or phrases of this Ordinance or the Ordinance as an entirety, it being the legislative intent that the provisions of this Ordinance are separable and that the Ordinance shall continue in clause or notwithstanding the invalidity j phrase. of ~RCTION IV. The City Clerk this rOrofficer of dinance and the City is d it to EI hereby directed to certify a copy of the Cooperative. SECTION-_. That this ordinance shall become effective immediately upon its passage and approval. 1991. PASSED AND APPROVED this the day of BOB CASTLEBERRY, MAYOR j ATTEST: JENNIFER WALTERS, CITY SECRETARY BY% APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY r BY., PAGE 2 i ~ EXHIBIT AA I x DENTON COUNTY ELECTRIC COOPERATIVE RATE INCREASE BY CLASS DOCKET # 9892 G' COOPERATIVE PRESFNT REVENUE AGREED RATE CLASS $EYEI13LFi INCREASE IH SE Residential 24,654,423 2,188,020 8.67% Public Buildings 930,491 102,896 11.06% Small commercial 11652,938 159,938 9.684 industrial 2,845,804 301,584 10.60% Lighting 430,535 59,512 13.82% Other 143,910 80,230 55.75% TOTAL 30,658,110 20892,180 9.43% s j i 1 I J~ ^'1 ~~I . 4flKtll~ Exhibit "B" TABLE OF CONTENTS FOR THE TARIFFS OF DENTON COUNTY ELECTRIC COOPERATIVE, INC. Pave Section I. UTILITY OPERATIONS r 101. Description of Electric Utility Operations . . . . . . . . . . . . . . 1-1 .1 Organisation . . . . . . . . . . . . . . . . . . . . . . . . . . [-1 .2 Type of Service . . . . . . . . . . . . . . . . . . . . . . . . I-l .3 Service Area . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-1 A. Certification . . . . . . . . . . . . . . . . . . . . . . . t-2 B. Counties . . . . . . . . . . . . . . . . . . . . . . . . . . I-2 C. Cities . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 102. Purpose and SCOpe of Tariffs . . . . . . . . . . . . . . . . . . . . . 1-2 t 103. Applicability of Tariffs . . . . . . . . . . . . . . . . . . . . . . . . 1-3 106. Seveiability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3 305. Modification of Tariffs . . . . . . . . . . . . . . . . . . . . . . . . . 1-3 106. No waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3 j Section It. RATE SCHEDULW j 201. Rat* Classification and Assignment . . . . . . . . . . . . . . . . . . Sf-1 202. Rate SebeduUs . II-2 .1 Residential . . . . . . . . . . . . . . . . . . . . . . 11.2 .2 Public Buildings . . . . . . It-S t .3 Public Buildings-Interruptable Load 1000 KN or Greater 11-0 .6 Commercial . . . . . . . . . . . . . . . . . . . . . . . . . . . It-l2 .9 Industrial . . . . . . . . . . . . . . . . . . . . . . . . . . . ti-ls .6 Industrial - Interruptable Load 1000 KM at Greater . . . . . . . II-18 7 Industrial - Over 6000 XW. . . . . . . . . . . . II-22 -i- Fr, - 1 WIWI, l page ~ II-28 ' .8 Lighting Service . . . . . . , IL-30 203. Silling Adjustments . . . . . . . . . . . . . ' ' ' ' ' . II-30 .1 power Cost Recovery Factor (PCRF)- . . ' ' . . . . II-31 .2 Sales Tax . . . . . . . . . . . . . . . . . . . . . . . tL-71 .3 Overbilling and Underbllltn9 . . . . . ' ' ' . . . . II-11 ? .4 Power Factor Adjustment. . . . . . . . , . , . . . . tt-31 .5 Franchise Tax Adjustment . . • • . • , ' t1-32 201. Service Fees . . . . . . . . . . It-32 .1 Trip Fee . . . . . . . . . . . . . . . . . . . . t1-32~ I .2 Membership Fee . . . . . . . . . . . . . . . . . . . II-32 i .3 Returned Chock . . . , . . . . . . . ' . ' . . . . . . , , Lt-32 .4 Motor Test roe . . . . . . . . . . . . . . . . . . . . . , II-73 .5 Switchovet roe . . . . . . . . . . . . SL-34 I .6 Delinquent Commetcial S Industrial Accounts. . . . . . . . . ; It -3t .i Tampering Charge . . . . . . . . ' . . . . . . 1 35 .8 New Account Fee . . . . . . . . . . . . . . . . . . . , ' I1-35 .9 Auxiliary . . ' . . , . . . . . . . . . . . . . . . 11.35 14 Special Bill 1 Handling Feo 11-35 .11 Load Data Fee. . . I1-36 .12 environmental Audit Feo. . . . . . . . . . Section Iii. f Soviet RULES AND RVAUTIONS I I I PART 1 - OBTAINING EI,eC3'RIC SeRVICe III-1 { 701. Application for electric Service . • . • . • . . ' ' ' ttL-1 .1 Application Required . . . . . . . . ' . ' . . . . .2 Membership in the Cooperattve. . . . . . . 3 Ober to Purchase electric Service ;LI-2 A 302. Establishment of Credit. . tit-2 . .1 Amount of Deposit . . . . . . . tit-7 ~ .2 Reestablishment at Credit. . • • . • • . ' tti-3 303. Cooperative Action on the Application. . • . • • • . . tit-] .1 Granting Application . . . . . . . . ' 1 ~I -ii- I WF meow 1 P a a s .2 Refusal of service . . . . . . . . . . . . . . . III-7 A. Credit . . . . . . . . . . . . . . . . . . . . . . . . . III-3 9. Fulrillment of Conditions Precedent . . . . . . . 11I-4 C. Indebtedness . . . . . . . . . . . . . . . . . . . . . . . 111-4 I D. Membership . . . . . . . . . . . . . . . . . . . . . . . . I1I-4 E. Hazardous Condition . . . . . . . . . . . . . . . . . . . I11-4 F. False Name or Other Artifice . . . . . . . . . . . . . . . III-4 304. Contract for Service . . . . . . . . . . . . . . . . . . . . . . . . . 1II-4a .1 Terms of Contract . . . . . . . . . . . . . . . . . . . . . . III-5 r ~ ,2 Conditions to be Fulfilled by Applicant or Customer. . . irI-5 A. Comply with the Law . . . . . . . . . . . . . . . . . . . 111-6 k 5. Comply with Service Rules . . . . . . . . . . . . . . III-5 j C. Customer's Installation . . . . . . . . . . . . . . , 111-6 D. Easesent . . . . . . . . . . . . . . . . . . . . . . . . . 111-7 E. Construction Costs . . . . . . . . . . . . . . . . . . . . III-1 .3 Assignment of Contract . . . . . . . . . . . . . . . . . . . , Irt-7 J .4 Modification by the Parties. . . . . . . . . . . . . . . . . . III-S Ii 305. Line Extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111-8 .1 Central Policy . . . . . . . . . . 11t-8 E .2 Permanent Residence IIr-8 .3 Non-Permanent Residence . . . . . [it-to .4 Other Line extensions. . . . . . . . . . . . . . . . . . . . 111-12 .5 Subdivision Developments and Mobile Mom Parks . . . . . . . . . 111-16 i_ .6 Underground Service. . . . . . . . 1II-17 .7 Temporary Service. . . . . . . . . . . . . . . . . . . . tit-it .8 Area Lighting/Security Lighting. . . . . . . . It1-18 .9 Line Clearance . . . . . . . . . . . . . . III-18 .10 Ownership of Distribution Facilities . . . . . . . III-18 .11 No Refund of Aid to Construction . . 212-19 .12 Deferred Payment Plan . . . . . . 111-19 .13 Relocation of Facilities . . . . . . . . . . . . . . . 111-19 306. Meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IIt-20 -111- r t P a g e 1 Location and Installation of Meter , • • LIi-2l .2 Type of Meter and Ovnetship of Meter . . . . III-21 .3 Limitation of Service from Single Meter. • • • . III-21 307. Point of Delivery. • . . . . . . . . . ' 308. initiation of Service, • , • • PART 2 - ELECTRIC SERVICE 320. Electric Energy. . . . ' . . . ' . . . . . . . . . . . . . . . . . . . III-11 1 Delivery of Electric Energy IIt-23 ,2 Characteristics of Electric Energy Itt-24 321, Method of Providing Setvics, Ell-24 1 1 Overhead Drop Service. , • . • • • 2 Underground Electric Service 2[2-21 f , . 111-25 .3 Mobile Home Parks, . . . . • . • . . ' ' 1I1-25 1 Apartments 112-25 .5 Connections at point of Delivery ' I11-26 1 322, Continuity of Electric Service , • • • • . ' ' I11-26 ` ,1 Reasonable Diligence 2ti-26 2 Service Interruptions I11-27 ,3 Service irregularities • • , . ' . . . . . . . I •1 Investigation of service Interruptions III-21 11 and Irregularities . , . . I ' I1I-27 ,5 Liability, indemnity and Disclaimer of Warranties' . 323. Customer's Receipt and Use of Electric Energy' III.28 1 Receipt of Electric Energy . . . . ' ' ' tti-26 A, >rxeiwiw Use Sti-28 5. Customer's Installation . • . , , ' • ' ' ' Iit-:a .2 Customer's Use of Electric Energy • . . . ' ' . -iv- wpw It ~ ~ a~ 1~ r l i t P g A. Permitted Uses . . . . . . . . . . . . . . . . . . . . . . III-11 9, Resale Prohibited . . . . . . . . . . . . . . . . . . . . II1-31 C. Interstate Transmission or Electric Energy Prohibited . . . . . . . . . . . . . . . . . . . III-3t D. Uses Prohibited by Law . . . . . . . . . . . . . . . . . . III-31 .3 Customer's Electrical Load . . . . . . . . . . . . . . . . . . . III-32 A. Load Balance . . . . . . . . . . . . . . . . . . . . lit-)2 G B. Allowable Motor Starting Currants . . . . . . . . . . . . fit-32 C. Intermittent Electrical Loads . . . . . . . . . III-12 D. Equipment Necessary to Limit Adverse Effect . . . . . . . lit-31 E. Voltage and Wave Forms Sensitive Equipment. . . . . . . . tit-33 F. Change in Customer's Electrical Load. . . . . . . . . . . 111-34 .4 Power Factor 111-34 .5 Access . . . . . . . . . . . . . . . I1I-35 .6 Protection of Cooperative's Facilities on Customer's Presiaes . . . . . . . . . . . . . . . . . . . . III-35 324. Billing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ttt-36 .1 Determining Usage of Electric Energy . . . . . . . . . . . IIt-16 .2 Meter Reding. It[-36 .3 Estimated Billing. . . . . . . . . . . , tft-37 .4 Meter Test and Accuracy Adjustment tII-37 ,5 Minimum Charges. I1I.37 .6 Terms of Payment . . . . . . . . . . . . . . . . . . III-38 .7 Disputed Bills . . . . . . . , . . . . . . , . , III-38 .8 Deferred Payment Plan. . . . . . . . . . . . . . . 111-39 .9 Cancellation of Agreement. . . . . . . . . . . 11t-40 # .10 Average Payment Plan . . . . . . . . . . . . . . . . . . . . it:-40 I f ; 325. Customer Relations . . . . . . . . . . . . . . . . . . . . . . . . . . ItI-42 .1 Available Information . . . . . . . . . . . . . . . . . . . . . . it:-42 A. Facilities for Providing Electric service . . . , . . . . 111-42 S. Coat of Providing Service . . . . . . . . . . . . itt-43 C. Tariffs . . . . . . . . . . . . . . . . . . . . . . . . . lit-43 D. Meter heading . . . . . . . . . . . . . . . . . . . . . . III-44 .2 Customer Complaints . . . . . . . . 111.44 _y. t ~N R~ . %U-44 3 Refund of Deposit During Service Period • • • • ' • ' • • • III-44 340• Small Power Production and Cogeneration. • • • • . ' ' ' . . Its-45 .1 Obtaining Interconnection. • • • • • • ' ' ' . . . . . . . • I32-40 .2 Parallel Operation . . . . . . . . . • • • • • • ' • . . SS 3 Sales to Producer • . • • . • . • • ' ' • . . • . . . , S3I1f1--55 •4 Purchases from Producer. • . • • • • • • • • • • • • ' ' ' • . I1I-56 .5 Definitions. • . . • . • • • • . . . . . . • . • • . I PART 3 - DISCONNECTION OF SERVICE 11I-S0 ck, 350, Customer Initiated Discontinuance of Service . • • • • • • • • • • ' • III-S0 •1 Customer's Request • . . • . . . . • . . . ItI-58 •2 Disconnection • • • . . • . . . . • . . . ' . . . 351• Cooperative Initiated Discontinuance . • • . • ' ' ' ' . . . . I I1I1I-5B .1 Reasons for Discontinuance . • • , . • ' ' ' ' . . . . . . 50 A. Nonpayment of a Bill. ' ' • . . . • ltitit--50 S. Deferred Payment Plan . . . • • • ' • ' ' ' , . , III-59 C. tnterterence with service . . . . . . . ' . . . III-59 0. Failure to Make Application for service . • • ' ' ' • M -59 E. Refusal of Access • . . . . . . . . . ' . . . . . . . 131-59 r. Default on Guaranty Agreement . • . • • ' ' . . 1st-59 0. Sackbilling . . • . • . • • . • • . . • . . . . . III-60 H. Hasordoue Condition • . . . • . . . • • ' ' . H tit-do i I. Meter Taape[ing . . . . • . . • . . • . • . . • . . . . ItI-61 •2 Notice of Disconnection . . • . • • A. Proper Notice prior to Disconnection . 332.61 ' tot Nonpayment. . • • . . • . . • . . • . . . . III-62 B. Disconnection Without Notice. . . . • . • . • • . . Itt-62 C. Disconnection After Reasonable Notice . ;;;-62 .3 Postponement of Disconnection--Medical . . ' . • . . iii-63 .4 Effect of Discontinuance of Service M-63 1 A. Customer's Obligations. . . . . • tI1.63 a• Cooperative's Rights. . • . . . . . . III-64 .5 Dismantling of Cooperative Facilities 111-64 .6 Liability for Discontinuance of Service -vi- F~ , IIi-6l ,1 Refund of Membership Fee • • • • • ' ' ' IIt-6~ .8 Refund of Deposit PART 1 - DEFINITIONS III-65 310. Definitions. . • • • • • • ' • • ' • ' • , . . , ' • • , • III-65 .1 Agreement for Electric service • • • • • ' . ; I1I-65 2 Codes. III-65 .3 Commission . . . • . . • ' ' . . . . . . , . . . , , 1II-65 Conductors Considered Outfide of building. 65 .5 Connected Load . . . . . . . • . . tIItt--6S C+• 16 Contribution in Aid of Construction. • • • ' ' ' ' III-66 1 . . tiI-66 .8 Customer 9 Customer's Electrical Load III-66 .10 Customer's Electrical Installation . • • • IIi-b6 .11 Demand . . . . . . . . • . , , . , , , , itI-66 .12 Demand Interval. tit-66 .13 Distribution System. . • ttI-66 11 Dwelling Unit. . . • • . . , . . . . . . • • Itt-67 .15 Electric Service { .16 Energy . . . . . . . . . LLt-67 .17 Inspection Authority • ' . ' ' • • tit-61 18 Kilowatt . . . it2-67 .19 Kilowatt-Hour. . . • • • • • iti-67 20 Load Factor. . . . . . tIi-67 .21 Maximus Electrical Load. . • • • ' . Tit-67 lit-66 22 Meter. . . , . . . ' •23 Peroment Electric service [tI-66 { 24 Peraanent Installation . tti-68 •2S Person . . . . . t:.-68 26 Point of Delivery. 1:1-69 .21 Power. . . . . . . It1-69 ,26 Power Factor 11:49 .29 Raceway . • . • . . . . ' ' ' . . . . It.-69 .30 Rate Schedule. • • • • • ' ' ' ' ' ' • i -vii- ~ i Owl . Ili-69 .31 Service Availability Statement IIt-69 III-z9 31 service Drop • • Service Entrance conductors- • III-70 .33 Set Regulations; or Service Rules• ' 1It-~0 .34 Service Rules and Reg . • • . . . . • . , . , . . 1 ILI-10 .35 Tariff(s). . . . • . . . . . . . , . . . .36 Temporaly Electric Service 11I-10 i III-70 .37 Watt . . . . . . . . . . . . . 38 Watt-Kout. . section IV. row C*., Lv-1 401. %gteeaent for Electtic Service Iv-3 , sameat and Covenant of Access I 4Q2. Elect tic utility Ea Iv-6 11 a 1 403. Warted Payment Aq:aement 1 IV-7 I 401. Contract of Custanty i ~ 1 106• Agreesent tot Interconnection and Parallel Iv-9 operation of cogeneration or seat, Power k production tnstaliation: 100 KW of Lesa• 4 ~eeteent tot Interconnection and 11 406• Addendws to Agr Iv-13 parallel Operation of Cogeneration Of Sault Powr production Installation: 100 KW or Loss. Iv-14 1 101, AV O1490 Payment plan 1 k ' i -v . r r r ec ton eet o. I 1 DfN' COUMPII MpPgl►TIV=, INC. sv s on Tat ttf tot Electric Service C Pe,~ ~ STAMP SECTIOJ UTILITY OPERATIONS APPLICABLE TO ALL AREAS SERRIED I UTILITY OPEIlATI0N5 101. Oereri tion of Eleetric Utilit of attona. Electric Coopecativ°p Inc.. is an electric Or9antrati°0n, Denton County rating under the Electric Coop- 101.1 ._1--- i cooperative corporation organised and opo .A.C.S.) and the lays of the erstive corporation Act fact `t~6mN,bers life C~perative'a burinHS I a,* the td State of Texas and to owned by tore oin eaceo sE[atre are managed by a board of dir f rdanceo withbotha elected from and by the Coopecativ•'* Customers Provisions of the bylaws. service The Coopecativ* provides *leelcie utility The 101.2 of a retell elec power, but through the operation tric distribution eYeo Cooperative does not engage to the genetatioi onirementl from Bsaroa instead purchases $11 of its electric energy eq Electric power Cooperative, Inc. l I' 101.3 S rvice Ara . ica. The public utility Commission of TOX8 A. Cerli~t servle* by the Coopecativ* to provide electric Utility a Certificate of Convenience and NeNa. , i i I 'Will acttan tot 0. I 2 COL4M C. OOVWATlVS, INC. eV flon •ge DEW" Tariff tot vice Electric Ser STAMP ' SECTI~UTILITY OPERATIONS APPLICABLE I0 ALL AREAS SERVED e ages o! the CooPetottve Includes all or 9. Cou3, Th• ae low ; I countteW portion, of the following cook* Collin QTayfOn Denton wise Tarrant the Cooperative Includes all or Cs The setvte• area of a C. _ itie incorporated sunicipaliti*sportions of the following ltiseo Denton Little Elm Lewisville Plower Mound Lincoln Pat"' Horthlake l Highland Village Copper Canyon Crossroads Fairview Mttonvill• The Colony Doubl• Oak Carrollton Argyle Ktugetvtlle 1 hubteY L&x*WOpd Village Sanger Oak point s +I k Hickory Creek 1 Corral city I Haekbet[y HCKinneY E Plano 1 Alien I 1 ptospe[ € de"" the eetvie• Nlation,hlp l Th'" tariffs of receiving electric utility and Seo a of TaNtts. 101. Put ee [sons desiring + between the Cooperative and M j MJO- service frog the Coopetattve. 1 n.... a action neat No, D~~ CMWq COOPOATIVti, INC- 1 1 Tariff Revision Page !oc Electric Service SECTION TITLE: STAMP i UTILITY OPERATIONS APPLICABLE To ALL AREAS SERVED i 101. A IicabilitY of Tariffs, These tariffs govern the provision of all electric utility service by the Cooperative in all areas in which the supersede tend provides service except as may be precluded by law. These tart! annul all prior tariffs including service rules and regulations by whatever term cr_ designated which may heretofore have governed the supplying and taking c! J Cooperative's electric service, I i 106. SevecabilIf any provision of this tariff is held invalid, such invalidity shall not affect other provisions or applications of this tariff which can be ° 1I given effect without the invalid provision or application, and to this end the 1 provisions o these tariffs ace declared to be severable. 106. Modification of Tariffs. This tariff may be changed, modified, or abrogated in s whole or in part by any regulatory authority having jurisdiction to do so. whether or not at the request of the Cooperative, a customer, or otherwise. Any changed tariff shall be applicable to service provided from and after the i. effective date of such change, This tariff may be changed by the Cooperative's i' j board of Directors to the extent Texas law doom not require approval of changes j by a regulatory authority. 106. No Kaiyar. The failure of the Cooperative to enforce any of the provisions of 1 I this tart!f shall not be considered a waiver of its right to do so. N .-a I ~ t I action set No. DDfM COUMPy g,'T"1'RIC Coon rao INC. II I Tariff for ev • OR Page Electric Service i SEC'T'ION TITLE STAN RATE SCHEDULES APPLICABLE To ALL AREAS SERVED i 201. Rate Classification and Assignment. Rate classification and assignment shall be made by the Cooperative in accordance with the availability and type of service provisions in its rate schedules. Rate schedules have been developed foe the standard types of service provided by the Cooperative. If Customer's request for 91.ectrte service involves unusual circumstances, usage, or load charactegtstics not regularly encountered by the Cooperative, the Cooperative may assign a suitable rate classification or enter into a special contract. Any special contract shall be filed with the regulatory authority having jurisdiction thereof. f ' i i f i 1 I a I I 1 a 1 i i , t r •ctton eel Ho. page Donw COt1tfCY g„ chic COOPERATIVS, INC. 11 2 Tart!! --re-751 s an ago for Electric Service SECTION TITLE. RATE SCHEDULES STAMP APPLICABLE TO ALL AREAS SERVED 202. Rata Schedules. 202.1 Residential, A, A lion. Applicable to all Customers with a saxlsus desand of lass than 15 KW taking the type of service descctbed in this rate schedule for all of the electric service wpplied at one point of delivery and measured through one meta used for the following putposea(s): (1) fat dosestie uses associated with the operation Of a single lastly or sulti-lasily residential installation E Not applicable to temporary or shared servlee. i d, TYDS at SeryIS1, Single phase of three phase service at the Coope Ntiv's ;I standard secondary distribution voltages, whets available. Inhere service of the type dssttsd by Custoset is not already ~ ~ available at the polet of delivery, additional charges and special contract arrangements say be required prior to rervice s being furnished. 1 Monthly Rale. C. Each billing period the Customer shall be obligated to pay the following charges; co M action S got 140. Dwrow COUNTY UAMIC COOPBIATM, INC. Tariff II 1 for evvisionPage Electric Service I PUC SECTION TITLE: STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED (1) Customer Charge $8.25 per meter This charge is for the availability of electric service: and I~ (2) Energy Charge; 1If Summer winter i May through November through October billing April billing Periods, inclusive: periods, inclusive. C h 5,0737960 per KWh for all First 700 KWh O CO M960 cog j KWh per KWh j over 700 KWh i !,0631960 R pet KWh C e D. Minimum Charge. Each billing period the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy isi actually used: I (1) The customer charge; and (2) Any amount authorised under the Cooperative's line extension policy for aaortlsation of line extension costa. i. Billing Adiustaunts, This tote is subject to all billing adjustments. C t Section Sheet No. DENTON COUNTY ELECTRIC COOPERATIVE, INC. I[ 1 Tat if! for w stop Page Electric Service PUC SECTION TITLE: STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED P. Sreesent. An agreement for electric service with a Minimum tots of 1 year or sore shall be required by the Cooperative. The saxtaus tors shall be determined in accordance with the applicable line extension policy. This rate schedule say be changed by order or consent ofl regulatory authorities having jurisdiction or, if none, by thel Cooperative's board of directors. Service hereunder is subject W the Cooperatives tariff for electric service. f ~ l ICI t 1 04 M tLtC'171IC COOPERATM, INC. Terlft for =na pgrr" COUN E1fCtr1C S•tV1Cf P'J SECTION TITLE: STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED i N i 202,2 Public Bulldtngs. A. ~ ation. G, Applicable to all Customers taking the type Of service described in this rate schedule for all of the electric service supplied at one point of delivery and mfa ured through one meter used for the following purpose(s): public buildings including schools, churches, and community halls. j B. Type of Service. I i Single phase or three phase service at the Cooperative's standard secondary distribution -n1t:9e2, where available. whets service of + the type desited by customer is not already available at the paint o! delivery, additional charges and special contract arrangements may be required prior to service being furnished. 1 C. Nonlh tt. tech billing period the Customer shall be obligated to pay the j following charges: :16.00 per so at 1 Customer Charge r This chstgs is for the availability of electric service, and (2) Energy Chase-for Non-Do"M Neleted Accounts (under )6 Kwl. Wtntar i Nay through Novesber through October billing April Billing Periods Periods r* 10,733910 per KWh Pilot 700 KWh at 1.07339+0 over 700 KWh at 7.0631910 J 1 1 I, 1 ~ 1 ~ 9 t , ywNat~ i action Shat No. DDn% C'OUM ELZMIC COOPUATIVE, INC. 11 6 Tariff for Revision -Wage Electric Service y 1 PUC SECTION TITLE: STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SEBV® ! N I This charge for the delivery of energy shall be applied to all KWh usage during each billing period for service locations which are not demand metered; Or moray Charge-Por Demand Metered Accounts (35 KM or grater). N ) First 150 Kwh par KW at 3.0820950 t Over 150 Kwh par KW at 3.0500 R This charge for the delivery of electric energy is applied to A all Kith usage during the billing period for service locations which are demand metered. Billing Demand is the maximum kilowatt demand for any period of fifteen consecutive minutes' during the billing period as adjusted for power factor, but. in no event is billing demand less than 50% of the highest adjusted Kit demand established in the preceding May to October billing periods, or 35 Kw, whichever is grater. D. Monthly Minimum Charge. Each billing period the Custoaer shall be obligated to pay the following charges as a minimum, whether or not any energy ia' actually used: s (1) Th• customer charge) and J i 1 y eC iioon - h eeNo. DQI'NON COUNTY EL,C'l'RIC COOFOJITIV=. INC. Tacitt II 7 for Revision page Electric service SECTION TITLE: STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED (2) Any amount authorised under the Cooperative's line II extension policy for amortisation of line extension I costs. . G E. Billing Adiustments. This rate is subject to all applicable billing adjustments. P. Agreement. An agreement for electric service with a minimum tarn of 1 year or more shall be required by the Cooperative. The maximum term shalt be determined in accordance with the applicable line extension policy. This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction or, it none, by the Cooperative's board of directors. Service hereunder is subject to the Cooperstive's tariff for electric service., h~ i F r4 ~Ir' J r aa~ Wort =,Wry y SLIMIC xiff INC. ection Shoot NO. o, ElectriccService it 8 w lion SECTION TITLE- ^~8g~ RATE SCHEDULES STAMP APPLICAELE TO ALL AREAS S piVED 202,1 Public Dulldin s-Interco tlble Load 1000 Kw A' A lfcetio_ or Greater. N GE: Applicable to all this rate schedule for all of the the FYPe of service described in Point of electric ~ delivery and measured servfce Supplied followin through oea at one 4 Putpose(,); ester used for the public bvildin 9s including schools, and churches, cowtunfty hall, with interruptible ` greater, load of 1000 KM or ' D' _00-f ervlc I Single phase or three seconder phase service At the Coo erativa a y distribution voltages, where avail P standard the type desired by customer ale' 1, Where servfce Of, Of delivery, additional not already available at the 'MY be charges and special contract errange , required prior to service being furnished, asntt C. NontA~• ' , tech billing period the Customer following Charger shall be obligated to pay the 1 (l) Cwtomar` This charge is for the availability 415,00 Per meter of electric serelca; and , 1 i r 1 p DW 'ON Section eatN I ~M ~Tai~tfff ~PWTIVtj, INC. II 9 1 ' s- for Revision Electric Service SECTION TITLE: STA MP PUC RATE SCHEDULES i APPLICABLE TO ALL AREAS SERVED (2) Interruptible Demand Credit. u Mcy through October billing periods, inclusive; 53.41 per KW Of CP billing Demand Noveaber through April billing periods, Inclusive; II 02.66 per KW of CP billing Demand I I The CP Billing Demand is the demand contribution of the interruptible load to the Brazos Coincident Peak (CP) as defined in the Brazos Wholesale Kate. and ! i (3) End Charge-Demand Metood Accounts. I First 160 KWh per KW of Billing Demand 1 $0.06157 i F per kWh Excess KWh 1 00.09 per XWh The billing Demand is the maximua kilowatt demand for any period of fifteen consecutive minutes during the billing,' j t period as adjusted for paver factor, but in no event is the f! billing demand less than 50% of the highest adjusted KW, i demand established in the preceding May to October billing periods, but not leas than 36 KW. s D. Nonthly Minimum aroe. Each billing period the Customer shall be obligated to pay the fallowing charges as a miniaum, whether of not any energy is actually used: 1 I ~ 1 4 DsIR'0!! COiMI'Y SIiCCRtc COOPtMTIVi, INC. action eat No. Tariff rt 10 for -tv-.. Electric Service page SECTION TITLE: STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED (1) The customer charge; It{r and I (2) The demand charge; and (3) Any amount authorised under the Cooperative's line) extension policy for "Ortization of line extension costs. 6. Conditions of Service. (1) The Customer Shall pay the installed coat of the necessary metering, switchgear, underfrequency relays, manual controls,, remote controls, monitoring devices, and related equipment as determined necessary by the Cooperative to interrupt the ! f interruptible load. Such facilities shall become the property of the Cooperative and shall be under the exclusive control of the Cooperative, i (2) An agreement for service for an initial period of live years is required and for subsequent periods of two years. Either party may cancel the agreement by written notice one year in advance of the and of the initial period or any subsequent period, The Customer may Convert from interruptible to Service under the regular Public luildings rats after giving one Year's written notice if sufficient capacity exists to allow this conversion, (3) 93ectcle service to the interruptible load shall be, interrupted as required by the Cooperative's wholesale power' supplier but the Cooperative will endeavor to provide noticaf r I ` fiction -3W-06-t- No DQrW CWM nw, Ic COOMATIVI, INC. II 11 Tariff 4718 on age for Electric Service F~ ~ PUC SECTION TITLE: STAMP ~i RATS SCHEDULES 1 APPLICABLE TO ALL AREAS SERVED some hours in advance of probable interruption. Periods of interruption shall be limited in accordsnc* with the Cooperative's wholesale power supplier's wholesale tariff. C- (1) If the Customer is in noncompliance with any provision of this tariff, the Cooperative will adjust the Customer's billing for any noncompliance charges billed by the wholesale .I power supplier. F. diliina Adlustments• This rate is subject to all applieaole billing adjustments. ` 1 1 Q, Aarseaenl. , An agreeawnt for el*ctrie service with a term of 5 years or more may be required by the Cooperative, This cake schedule may be changed by order or consent of regulatory authorities having jurisdiction or, it none, by the Cooperative's board of directors and service hereunder is subject to the Cooperative's tariff for electric service. j I 1 ` 1 -140 action heat No. OQ17'pN COUNTY g,aMIC CCO?/RATIV/. INC. II L2 Tariff ev lion P+9a for cle0tric Service STAMP SECTION TITLE! RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED n V ' 202.1 COMA &I. A. Ayoltcation. l Customers having lase than 35 KW of maximum Applicable to al demand taking the type of service described in this rate schedule for all of the electric service supplied at one point Of delivery and measured through one meter used for all commercisl purposes. Applicable for temporary and construction power but not for shared service. G 8. Tne 0 . Single or three phase service at the Cooperative's standard secondary distribution voltages, not already service of ~ the type desired by Customer of delivery, additional charges and special contract arrangements may be requited prior to service being furnished. t C. Mon tech billing period the Customer shall be obligated to pay the following charges: lit Customer Charge $15.00 per meter This charge is for the availability of electric service; C and sir irlnte~ Xsy through November through April billing C October billing r tC on httt No. DEMW COU M zLW'MIC COOPQRATIVE, INC. II 13 Tariff Reviekon Page for Electric Service PU STAMP SECTION TITLE: RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED C triode, inclusive: P periods, inclusive: $.087307 per Kwh for all $.082707 Qec Kwh Cor energy usage during the all energy usage during C billing period. the billing Period. D. NonthlY Minimum Charge. obligated to pay the each billing period the Customer aha31 be following charges as a minimum, whether or not any energy isl actually used: (1) The customer charge: and (2) Any amount authorised under the Cooperative's line extension policy for amortixatton of line extension costs. E F. Billing Adjustaents. This rate is subject to all billing adjustments. a 1 S r.s ec ion hee No. Do" COUNTY ELif.'tRIC COOMATIn' INC. II t• Tariff 1lw for laton -`Page Electric Service PUC SECTION TITLE: STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED fl. Agreement. CJ An agreement for electric service with a minimum term Of 1 year or 4 more shall be required by the Cooperative. The maximum term shall be determined in accordance with the applicable line extension policy. This rate schedule may be changed by order or consent of regulatory authorities having jurisdiction or, if none, by the Cooperative's board of directors. Service hereunder is subject to i the Cooperative's tariff for electric service. s+ I J 1 j L i w I w.~ s 4 DEIfM COUNTY RAMIC COOPERATIVE, INC. Section heat No Tariff II 15 for Revision Electric Service PUC SECTION TITLE: STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED 202.5 Industrial. C A. ADDlicstion. Applicable to all Customers taking the type of service described in! this rate schedule for all service supplied at one point of delivery and taken through a single meter for all commercial, industrial, and residential uses requiring 35 KM or more of Maximum demand. B. Tvpe of Service. Single phase and three phase service at available primary or secondary distribution voltages. What* service of the type desired by Customer is not already available at the point of delivery, additional charges and special contract arrangements may be required prior to service being furnished. r C. Monthly Rate. Each billing period the Customer shall be obligated to pay the following charges: 11) Custom Charge $25.00 per meter This charge is for the availability of electric service; and C (2) Demand Charge May-October billing periods $9.15 per KW November-April billing periods $8.26 per KN r This charge for the rate at which energy is used is applied to the maximum kilowatt demand for any period of fifteen consecutive minutes during the billing period as adjusted for r { WAC" [~'QATIVg, INC. sction for hoot Np, Electric Service it~ 16 SECTION TIrLLP- Ilion RATE SCHWULES STA" I APPLICABLE TO ALL AR W SERVap Power factor, but in no event is of the highest adjust billing demand les period s than 50~ ed XH demand established in the orchpreceding May to kw• whi C October billing billingf ever Is greater; Periods, 1 or 79 ~ (3) and Ehecw`„ C This charge for the deliver x•0337230 Per xh` ail K Y of cosy h R idh usage during a b"114 9 shall be e ~ 4 Period, PD1lad to O' onthl mint Each bi'linq Period folIowin the Customer shell be obligated g charges ► as a minimum, to pay the actually used. ether or not any energy is f i1) The customer and demand charge; and Any amount authorised extension policy under the Cooperatives tot amortisation line Costa, of line extension a, Etllie A ustmenls. This rate is Subject to all aPPlieabie billing adjuatments. C i i i I i 1 I 4k t ~ 4 "Owl DQPPON COUNTY RLRCTRIC COON UITrn, INC. ec ion set o. Tariff for it 11 Electric Service Revlalon Peg* SECTION TITLE: STAN RATE SCNEOULES L PLICABLE TO ALL AREAS SERVED i i F. A repent. ' ; An agreement for electric service with a minimum term of 3 years shah be required by the Cooperative. The maximum term shall be determined in accordance with the applicable line extension policy. E; This rate schedule may be changed by order or consent of tagulatory authorities having Jurisdiction or, if none, by the Coopetativs's board of directors. Service hereunder is subject to the Cooperative's tariff for electric service, ll r , r i i i i i i f r 1 r. action heat No. DENTON Coum i3Lf1MIC COOPWTIVit- INC. II 1B Tatiff for evimion Page Electric Service PVC SECTION TITLE: STAMP J RATE SCHEDULES yj APPLICABLE TO ALL AREAS SERVED 1 N 202.6 Industrial-Interruptible Load 1000 KW or Creator. A. Application. Applicable to all ~umtomers taking the type of service described in CIL, this rate schedule for all service supplied at one point of delivery and taken through a single meter for all commercial, industrial, and residential uses requiring 35 KW or more of maximum KW demand with interruptible load of 1000 XW or greater. B. Type of Service. Three phase service at available primary or secondary distribution . voltages. Where service of the type desired by Customer is not already available at the point of delivery, additional charges and s special contract arrangements may be required prior to service. being furnished. C. Monthly Rate. Each billing period the Customer shall be obligated to pay the following charges; (1) Customer Charge $25.00 per meter This charge is for the availability of electric service: and (2) Demand Charge i Nay-October billing periods $9.35 per KW November-April billing periods $8.26 per XW This charge for the rata at which energy is used is applied to the maximum kilowatt demand for any period of fifteen i N ~J R DiM'ON COUNTY ELECTRIC COOPUATIVR, INC. Section hoot No. Tariff it 19 for Revision Page Electric Service SECTION TITLE: TAC STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED N` l consecutive minutes during the billing period as adjusted for ; power factor, but in no event is billing demand less than So% of the. highest adjusted KW demand established in the billing period or preceding Nay to October billing periods, or 35 KW, whichever is greater; and (3) Energy Charge $.03296 per KMh This charge for the delivery of energy shall be applied to all KWh usage during a billing period. (4) Interruptible Demand Credit May through October biling periods, inclusive: r $3.41 per KW of CP Billing Demand November through April billing periods, inclusive: $2.96 per KW of CP Billing Demand The CP Billing Demand is the demand contribution of the interruptible load to the Brasos Coincident Peak (CP) as defined in the Brasos wholesale Rate. i D. Monthly Minimum Charge. Each billing period the Customer shall be obligated to pay the following charges as a minimum, whether or not any energy is actually used: (1) The customer and demand charge; and (2) Any amount authortred under the Cooperative's line) extension policy for amortisation of line extension costs. ti 1 DEtf'I~CW COUNTY a-IxT"ilf ~"TIV=, 1NC, action eat o. for II 20 Electric Service Rw'91o SECrh RATE SCHEDULES STAMP APPLICABLE TO ALL ARZAS SERVE E. Conditions of Service. (1j The Customer shall G. Pay the installed coat of the necessary ; metering, switchgear, underfrequency ralaYs, remote controls manual controls, , monitoring devices, and related equipment as 7i determined necesssry by the Cooperative to interrupt the interruptible load. Such facilities Property of the Cooperative and shall become the shall be under the exclusive control of the Cooperative, (2) An agreement for Interruptible of live service for an initial ; Years fs required and for period least two years. Either subsequent Periods of at party suit' cancel the agreement by written notice one year in advance of the end the the initial period or any subsequent period, The Customer convert from interruptible to service under the regular mindusFriat rate after giving one capacity **late to allowythle s conWritten version. if sufficient I ! (3) Electric service to the lnteeruptlble load shall be e interrupted as required by the Cooperatlen or its wholesale power supplier but the Cooperative will endeavor to provide notice sop , urs in advance of probable Interruption; If feasible. Periods of interruption shall be 1 limited in accordance with the Cooperative's wholesale Power supplier's wholesale tariff. (e) If the Custopr is in noncompliance with any provision of this tarill, the CooPerative will adjust the Customer's ' r Wt on hoot No. DRI'M COUNTY K,eC'iIRIC COOPERATIVI, INC. II Il Tariff for evi lion -74 -9* electric Service PV SECTION TITLE-: STAND RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED billing for any noncompliance charges billed by the wholesale . power supplier to the Cooperative. P. Billino Adjustments. This rate is subject to all applicable bilking adjustments. 0. Agreement. An agreement for electric service with a minimum term of 5 years . may be required by the Cooperative. The maximum term shall be r determined in accordance with the applicable line extension policy. This rate schedule may be changed by order or consent of regulatory , authorities having jurisdiction or, if none, by the Cooperative's board of directors. Service hereunder is subject to the Cooperative's tariff for electric service. k o. DiQf1'ON COLONTY ELEi'ftlC COOPERATIVE, INC. section hoe Tariff is 22 for Revision Page Electric Service SECTION TITLE TA STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED 202.1 Industrial Over $000 KW. re A. Application. Applicable to all Customers taking the type of service described in this rate schedule whose highest demand in the billing period or preceding 11 months was equal to or greater than 5000 KW and an annual load factor greater than 60% for all service supplied at one point of delivery and taken through a single meter for all commercial or industrial uses. This rate is not applicable for interruptible load. B. Type or Service. r Three phase service at available primary or secondary distribution voltages. Where service of the type desired by Customer is not i already available at the point of delivery, additional charges and special contract arrangements may be required prior to service being furnished. C. Monthly Rate. Each billing period the Customer shall be obligated to pay the, following charges: I (1) Customer Charge $250.00 per meter Ef or the amount stated in Customer's electric service agreement, whichever is greater. `;III I l1f , 4~"~' e=our-r~ t. I 4 DXNTON COUNTY KJMIC COOPW1TIVII, INC, action eet No. Tariff it 23 l for eV son Page Electric Service PVC SECTION TITLE: STA MP RATE SCHEDULES i APPLICABLE TO ALL AREAS SERVED This charge is for the availability of electric service; (v G:? and (2) Demand Charge On Peak $6.39 per Kw of CP Billing Demand Off Peak $5.37 per KW of CP Billing Demand Delivery $1,44 per KM of NCP Billing Demand r This charge for the rate at which energy is used Is applied to the maximum kilowatt demand for any period of fifteen consecutive minutes during the billing period as adjusted for i power factor, but in no event is billing demand less than 50% of the highest adjusted KW demand established in the preceding May to October billing periods or 100% of the highest adjusted NCP billing demand in the billing period or 11 preceding billing periods, and (3) Energy Char I This charge for the delivery of energy shall be applied to all Kkh usage during each billing period as follows: On-Peak Off-Peak May-October November-April Billing Periods Billing Periods t , 5.030000 pet Kith $,027700 per Kwh D. Coincident Peak (CP) Billing Demand. I The CP Billing Demand is the sus of the Customer's demand at each metering point for the current baling month established at the time of the Brazos Cooperative's transmission peak demand, but not less r 1 ~ q~~ r + Imrcem N N31"h D191fbN ~ RLSCTRIC COOPWATIV= INC. action heat so. Teti[! for it 2` Electric service ev1Son Page SECTION TITLE: PU STAND RATE SCHEDULES i APPLICABLE TO ALL AREAS SERVED than fifty percent (50%) of maximum demand similarly determined r during the on-peak 80450x. The CP Billing Demand at each metering Point shall (avermiagenutenumber o! kilowatts supplied during the highest f ibsfteenthe15) period a! the time of the Brazos Cooperative's transmission peak. Il at any Metering power !actor is determined to be less than ninety point the lagging for the month of such maxima use, the CPdemand at (such point for the month of such determination and for the eleven (11( months will be multiplied by 0.9 and divided b he p power factor. Y the E. Noncoincident Peak NCP 111 01 The NCP Billing Demand is the sun of the maximum demands at each metering point for the current billing months, but not less than one hundred percent (100%) of the highest maximum demand similarly j determined during the previous eleven (il) billing months. If at any metering point the power factor is determined to be less than ninety percent 190%) lagging for the month Of such maximum use, the maximum demand at such point for the month of such determination and for the succeeding eleven (11) billing months will be multiplied by 0.98 and divided by the power factor. { P. On-Psak/Off-Peak Period. The on-peak period includes the six (6) month billing period from I May through October. The off-peak period is the six (6) month billing period from Noveaber through April. 1 ~ 1 ~J 1 41 77" Section Sheet No. DEN'I'ON COUNTY ELECTRIC COOPMATIVE, INC. II 25 Tariff for Revision Page Electric Service C SECTION TITLE: STAMP RATE SCHEDULES i i i APPLICABLE TO ALL AREAS SERVED O. Loss Ad]ustment. ry I When the Customer is metered at a location other then the wholesalell delivery point, the CP and NCP demand (CP and NCP Kwh and kilowatt) hours (Kwh) shell be increased for billing to include losses to the wholesale delivery point. f i ; H. Monthly Minimum Charge. Each billing period the Customer shalt be obligated to pay the highest of the following charges as a minimum, whether or not any, energy is actually used: (1) The applicable demand charge x 2500 Xw; (2) The applicable CP and NCP billing demand charges: # (3) The amount stated in Customer's electric service i agreement, f f I. Billino AdSustments. This rate is subject to all applicable billing adjustments, including the following: i PC" (A - B ± C) where: PCR! • Amount to be applied to the customer's billing for the billing period. i 1 ' A • Total estimated purchased powtr for the customer from all i suppliers including fuel for the billing period. served under the Industrial over 5000 XN rate. II J }I 1 r~ •a A r action oot No. DR fON COUNTY WJMIC COOPMTIVE, INC. II 26 Tariff ~age_ for Wigton Electric service PUC SECTION TITLE: STAMP RATE SCHEDULES APPLICABLE TO ALL AAEAS SERVED B Total estimated purchased power cost for the customer N from all suppliers including fuel which to included in the Cooperative's base rates. The base power cost is i computed as follows: B ■ (Delivery point + MCP Demand + CP Demand + Enotgy + + Fuel) 3 f Whore the base cost is: Delivery Point ■ $251.00 NCP Demand $ 1.37 per NCP KW f CP Demand November-April $ 5.26 pet CP XW May-October $ 6.26 per CP KW Energy November-April • 0 0.0169473 pet KWh May-October ■ $ 0.0211074 per XWh Fuel • S 0.0071019 per KWh NCP KW NCP KW as defined above I CP KW • CP KW as defined above KWh All KWh usage C . Adjustment to be applied to the current monthly billing to account for differences in PCtF related to costs and revenues for previous periods. 1. Aorsement. 1 An agteement for electric service with a term of three years or more may be required by the Cooperative. The maximum tots shall fV 1 e DOP" COUNTY SLOMIC COOPERATIVE, INC. Section set No. l TariEf II 27 for eviIton Page Electric Service SECTION TITLE: C STAMP RATE SCHEDULES I { I ' APPLICABLE TO ALL AREAS SERVED i i be determined in accordance with the applicable fine extemion policy. This rate schedule may be changed by order or consent of G:{ regulatory authorities having jurisdiction or, It none, by the Cooperative's board of directors. Service hereunder is subject to the Cooperative's tariff for electric service. J I`I I I l { I( 1 F i i 04 { I F I action Weer xo. DENTON COUNTY ELECTRIC COOPERATIVE, INC. Tariff it 28 L for Revision Page Electric Service I ti PUC SECTION TITLE: STAMP RATE SCHEDULES I i APPLICABLE TO ALL ARRAS SERVED 202.8 Lighting Service. A. Application. Applicable to Customers taking the type of service described in this rate schedule for pole mounted area security lighting near the Cooperative's electric distribution tines. i i Not applicable for teaporary, construction or shared service. B. Type of Service. Single Phase Service at the Cooperative's standard secondary distribution voltages. s C. Monthly Rate. Each billing period the Customer shall be obligated to pay the following charges: For lights owned and maintained by the Cooperative: Customer Charge 115 Watt Mercury Vapor 3 8.11 R i 400 Watt Mercury Vapor $14.30 r 1000 Watt mercury Vapor $27.28 r 100 Watt HP Sodium $ 8.15 N 250 Watt HP Sodium 310165 N 1000 watt MP Sodium $27.30 ~J For Customer Owned and Customer Maintained lights, monthly charges are as follows: Customer Charge $1.50 Energy Charge $0.0335 per KWh I ~ h r-~ 1 t i l DEHSbft COUN1y a'WnIC COOPUATIys, INC. action heat No. I~ Tariff for II 29 trio-on Electric Service Rev- SECTION TITLE: PVC STAMP RATE SCHEDULES APPLrCABLE TO ALL AREAS SnVZD , For Additional or Decorative Pole, as fol the monthly ehergee ate lows: G Wood Pole J 1.50 I Fiberglass Pole J 3.2s N Antique Pole J 9.7s N 20 ft Steel Pole, anchor base decorative J 7.75 35 ft Steel polo, anchor base N decorative $12.00 u D. Billino Adiustments. i This rate is subject to sli applleaDle billing adjustments. Billing adjustments each billing period shall be based d on the e following estimates of energy usage if energy usage is not metered: I der ~a` II 175 Wilt Mercury vapor 70 kWh N I 400 Watt Mercury Vapor 160 KWh 1000 Watt mercury vapor 400 KWh 100 Watt Hp sodium 40 KWh N 250 Watt HP Sodium u ao KWh N 1000 Watt HP Sodium ' i 375 KWl1 N i 1 I i 3 I r 1 L ~rl j 1'XY.n ( 5 OB1r'I'ON COUtrI'Y SLECiRIC COOPB'tiATIVli, INC. •ctior Sheet No, Tariff II 30 ' f or [or --rev ison Page Electric Service SECTION TITLE: STAMP ; RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED 203. Billing Adjustments. The Cooperative shall adjust all bills in accordance with the following adjustments if applicable: 203.1 Power Cost Recovery Factor (PCRF). The monthly charges shall be increased or decreased on a uniform par K%1h basis computed monthly as follows: PCRF• (A-5+C) Rho Where: { 1 PCRF Power Cost Recovery Factor (expressed in $ per KWh) to be applied to estimated energy sales tot the billing period. A ■ Total estimated purchased electricity cost from all suppliers including fuel for the billing period excluding C purchased electricity cost for customers served under the f Industrial over 5000 KW rate. L S ■ Total estimated purchased electricity cost from all { suppliers including fuel which are included in the k 1 Cooperative's base rates. The base power cost is computed as: B ■ (D)(Kwhs) I D ■ Baae power cost in $/XWh sold of $.049569. j Me • total estimated energy sales for billing period. excluding sales to customers under the Industrial over 5000 KM rate. L ' I I e action eet No. DENTON COUNTY ELgCi'RIC COOPZ ATIVE, INC. I[ 71 Tariff for Revision Page Electric Service PUC SECTION TI'T'LE: STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED i C Adjustment to be applied to the Current monthly billing i to account for differences in actual purchased electricity costs and actual PCRF revenues recovered in previous periods. C" 203.2 Sales Tax. All bills shall be adjusted by the amount of any sales tax or other tax attributable to the sale of electric service to the ! Customer unless Customer has previously provided to the Cooperative 4 satisfactory proof of exemption. * i 203.1 Overbilling and Underbillin4. The Cooperative may charge, credit. Cr I adjust any billing for overbillings or underbiilings in accordance with f any applicable rules ut Regulatory Authorities having jurisdiction, f including Commission Substantive Rules 23.45(g), 23.47(e) and 23.45(1). -r 203.4 Power Factor Adiustment. Demand charges may be adjusted if the power N li factor is lower than 90%. Measured demand may be increased by It for 1 each 11 by which the power factor is less than 90% lagging for any period of fifteen (76) consecutive minutes. This adjustment shall not be applied on loads of less then 25 KM. 1`~ 203.5 Franchise Tax Adjustment. The amount of franchise or gross receipts tax N in excess of 2% of gross receipts from sales of electricity within the city charged to the Cooperative by any city, town, or village shall be surcharged to the Cooperattve's customers in the city, town or village. All bills for services rendered within a municipality shall be adjusted by the same percentage as any franchise or gross receipts tax the Cooperative is obligated to pay to the municipality lose 2%. Aj i ~{~1 w ~.S T•~°..y {l\(ir ~'r 1 1t . 1 DEW" COUNTY ELECTRIC COOPEiUiTIVR, INC. Sec t ion 5heet No Tariff 11 32 for Revision Page Electric Service SECTION TITLE: PVC STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED i 204. Service Fees. 204.1 Trip Fee. Except as provided in these rules, the Cooperative shall fCi charge $20.00 for each trip to Customor's promises which is requested by y the Customer or reasonably necessary under these rules or standard G I; operating practice. (e.g. trip to Customor's premises for collection of f f a bill, connection, reconnection trouble report investigation, or to ! make disconnection). Ci E 1 If a trip to Customer's p promises Is made outside of tM Cooperetly•,s normal working hours Customer shall be charged $40.00. ! t r No charge shall be made to investigate an outage or service irregularity CO unless caused by Customer or Customer's Installation or equipment. 204.2 Membership FN. Each Customer shall be charged a membership fee o[ $15.00. G: 204.3 Returned Check. The Cooperative shall charge $10.00 for each check or other form of payment which is dishonored or returned to the Cooperative. Any Customer having a check or other form of payment dishonored two or more times in a 12-month period may be required to pay by cash, money order, or certified check. J 204.4 Meter Test Pee. If Customer's motor has base tasted at Customar's ` request and within a period of four 14) years the Customer requests a new test, the Cooperative shall make the tat but if the motor is found to be within the accuracy standards established by the American National G 1 1 3 r 1 f action eat No. DDrM COUM ==I IC COOPERATIVE, INC. II 33 Tariff for Revision Page Electric Service PVC SECTION TITLE: STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED _ j Standards Institutes, Inc., the Cooperative may charge the Customer s CO fee which reflects the cost to test the meter, however, this charge t shall not be more than $15.00 for a residential Customer. 4 G' 201.5 Switchover Pee. Whre service to a Customer is being switched between the Cooperative and another electric utility, the following charges i shall apply when the Cooperative is the disconnecting utility: Ci j A. A charge of $133.00. (This charge covers average labor and S j transportation coats incurred in asking the disconnect.) A B. Any unpaid construction, line extension, or other contract charges. G C. A charge for removal of any property, plant or facilities of the Cooperative used to provide service to the Customer if the customer requests removal or removal is required for legal or safety reasons, or by requirement of any authority. 0. A charge for distribution facilities cendered idle as a result of the disconnection and not usable on another part of the v Cooperative's system based on the original cost of such facilities less depreciation, salvage and contributions in aid if construction, but including the cost of removing Idled plant deleted by the Cooperative to be economically solvagable, E. Prior to disconnection, the Customer shall pay the Cooperative fir all service up through the date of disconnection as well as she charges set forth in this tariff. Upon receipt of payment. the Cooperative shall give the Customer a paid receipt. {i R k d + FSECTION N TON COUM EL.SCTIIIC COOPIMATIVi, INC. Section Sheet No, Tariff II A for l1 Electric Service revision ~ aye :PVC STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED In accordance with the Substantive Rules of the Public Utility Ci Commission of Texas, the Cooperative Customer is hereby advised that the connecting electric utility may not provide service to said member until such connecting utility has avidenco from the Cooperative that the Customer has paid for electric service through the date of disconnection and any charges for disconnection under this tariff. i , C. 201.6 Delinquent Comm•ccial i industrial Accounts. The Cooperative may assess r I , a one-time penalty not to exceed five percent I non-residential bill. No such penalty shall apply to residential bills. + 201.7 Tamaarina Char • The term "meter tampering" as used herein applies to any instance in C which a meter assigned to a member shows any evidence of having been entered by any person, firm or corporation other than a Cooperative employee In furtherance of the Cooperative's business and includes, but is not limited to, those instances In which the seal Is broken, in which a motor has been Jumperod so as to bypass the motor and eerw on•rgy to a point of delivery, or any instance In which the meter has been reversed so as to impair or defeat its capacity to accurately measure onorgy i delivered through the meter and/or to a delivery point, or any other act whether specifically covered herein which interfaces with the meter's effectiveness to gauge the consumption of electric energy. In cases of motor tampering or bypassing of motor, electric energy consumed, but not metorod, may be estimated by the Cooperative based on amounts used under similar conditions during preceding years, whore no Previous usage history exists or is considered unreliable due to meter C 1 s i . DRIIGN COlJNT1f ar.=CTRIC COOPERATIVE, INC. Section -5-WO-et No Tariff I[ is for 1 icon ' ' Page Electric Service SECTION TITLE: PVC + STA" 1 RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED tampering or bypassing of aster, consumption may be estimated on the C basis of usage levels of similar customers and under similar conditions. + The Cooperative may charge for all labor, material and equipment j necessary to repair or replace all equipment dameged due to meter tampering or bypassing of meter. I 204.8 New Account Fee II~ A fee of $15.00 shall be charged for processing a request for new meter f where a new account is initiated. f 204.4 Auxiliary Fee i / A fee of $10.00 shall be charged tog processing a request for an additional meter or security light on an existing account. f 204.10 Special Dill Handling Foe A tee of $15.00 shall be charge-: each time the Cooperative manually N prepares a bill, invoice for several billings or special bill analysis at the customer's request. N 204.11 Load Data RN PNs for special load data reports or computer data on diskette are as followe: j f a. Peak sumaty, min/mex report $15.00 f b. Monthly interval dots $20.00 N a 1 f I 1 SheetNo . DFirTON COr1NTy ffi.ECI7tIC COOPB1lATIVE, INC. Sect ion II 16 Tariff for Revial0n Paya Electric Service u SECTION TITLE: STAMP RATE SCHEDULES APPLICABLE TO ALL AREAS SERVED 204.12 Environmental Audit Pee A tee of $35.00 shall be charged each time the Cooperative performs a field survey and documentation. Special reports and tests will be blllad to the customer at actual cost. N i I i i j 1 ii Lwi•YYta'~ ryv ~wa~ 1 action Shoot 140, DOITDN COUNTY ELECTRIC COOP3k1ATIVE, INC. III 1 Tariff for eV s on age 1 Electric Service PUC SECT2ON TITLE: STAKP SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED 301. Application for Electric Service. C_ 301.1 Application Required. Any person desiring to receive electric service from the Cooperative shall apply for such service by properly completing, signing, and filing with the Cooperative an Agreement For Electric Service. A form of Agreement for Electric Service is contained in these tariffs; however, i special contractual arrangements, which may include additional charges, 1 may be required. A separate Agreement For Electric Service is usually I required for each location where delivery of electric energy is desired, whether or not for initiation or renewal of service or otherwise. The Agreement For Electric Service must be in the true name of the i person desiring to receive electric service. The Cooperative may require suitable idantiltcation and such other Information as may be i reasonably necessary to evaluate the application. . 301.2 Membership in the Cooperative. It Customer is not a member of the Cooperative, Customer shall propetly complete, sign, and file an application for membership. The filing of an application for membership shall be accompanied by the payment of one (1) membership lee. 301.3 Otter to Purchase Electric Service. Upon compliance with the provisions of Sections 301.1 and 301.2, applicant has "de an offer to purchase electric enetgy from the Cooperative, the terms of which are contained in the Agreement For Electric Service, these tariffs, and any applicable easement. If no 1 easement Is executed, the Customer will upon request by the Cooperative 1 z tlP?1M1J C- i aarrcM cou►rrY a r~.riilc00~Trvr, rHC. •c son got rIi 2 for Electric Service ! eviili on age SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED any later time execute the Cooperativele standard tight-of-way ag greement grantinq to the Cooperative, at Customer's expense, a N setislactory easement across lands owned or controlled by the Customer. In the event the Customer shall divide premises by sale in such msnner that one part shall be isolated from streets or alleys where the Cooperative's electric lines ate accessible, the Customer shall grant or reserve an easement for electric service over part having access to electric lines for the benefit of the isolated part, i yyy~ 302. Establishment at Credit 1 + E fl The Cooperative may require a Cwtomer, regardless at the type of service applied for, to demonstrate and satisfactorily establish credit in accordance with Commission Rule 23.13, Consumers are hereby notified they may file a complaint with the Public Utility Commission of Taxes if diaatiefied with a i credit decision of the Cooperative. The Satisfactory establishment of credit shall not relieve a Customer from complying with tacitf payment of bills. provisions for prompt + 302.1 Amount o! Decoslt. The initial deposit !or permanent residential, commercial or industrial service shall not exceed one-sixth (1/6) of estimated annual billings. The Cooperative may requite an Applicant temporary seasonal service or service to weekendatintermitten use installations t Fa pay a deposit sv!licient to reasonably protect against the assumed risk for any of such services. the Cooperative deposit may be increased as provided in CosraissiOA lute 23.431c)(1r 9 ' I 1 I I i Section heel No. DOl!'Ofr COUNTY ELllC"mlC COOPERATIVE, INC. II! 3 Tariff for e-lE'viTn' ~ag'e Electric Service PVC SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICADLE TO ALL ARCS SERVED 302.2 Reestablishment of Credit. N Every applicant who previously has been A Customer of the Cooperative and whose service has been discontinued for nonpayment of bills or meter tampering or bypassing of meter shall be required, before service is i i rendered, to pay all amounts due the Cooperative or execute a deferred j payment agreement, if offered, and reestablish credit. I i 303. Cooperative Action on the Application, a The Cooperative shall consider the offer to purchase electric service and act { upon it within a reasonable time by either granting the application {conditionally, subject to these Service Rules and Regulations) or refusing f service in accordance with this tariff. 1 303.1 Orantia9 Application. The Cooperative may grant an application by having its authorized officer or employee sign the Agreement For Electric Service on behalf of j the Cooperative; or making electricity available at Customer's service location, 303.2 Refusal of Service, The Cooperative may refuse service if: i ~ A. Credit. Applicant/Customer has failed or refused to satisfactorily establish credit; or N a 1 14 1 r fcti on Shoot No. Dpnvi COUNTY ELRC91aIC COOMATM, INC. III 4 Tariff for wia on Page Electric Service II 1 SECTION TITLE: STAND SERVICE RULES AND REGULATIONS 1 Pert 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED E. Fulfillment of Conditions Precedent. It Applicant/Customer has tailed or refused within A reasonable time to fulfill any condition precedent to performance (see Section 301.2); r or 1i C. Indeb_ tednesm. 1 If Applicant/Customer has tailed or refused to pay any indebtedness 1 to any utility having previously provided applicant with electric 1 service; or D. Membership. ' Applicant/Custour has failed or refused to pay the membership tee or quality for membership in the Cooperative in accordance with the provisions of law; or E. Hasardous Condition. If it has Come to the Cooperative's attention that Customer's installation or equipment is hstecdous or of such character that satisfactory service cannot be given. F. False Name or Other Artifice. Customer or prospective Customer uses an alias, trade name, business name, the name of a relative or another person or other artifice to avoid payment of electric service bills. 304. Contract for Service. I~ Customer requests for electric service of the character and type provided by Cooperative are granted within the limitations of the applicable rate schedule for electric service, the availability of Cooperative tacllities, the r r,J 1 ~41, p 3, eC ton heat No. peIION COUNTY SItCfRIC COOPIIRATIV=, INC. I1I S Tariff for evteton page Electric service U^ION TITLE. STAMP 7 SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service j APPLICABLE TO ALL AREAS SERVED ~,I 1 characteristics of Customer's electrical load and these Service Rules and Regulations. I CIA may require special contractual arrangements, which may include I additional charges, prior to Cooperattve's providing electric service if the electric service coquetted by Customer is not available at the service location, i IS other than that which Cooperative usually provides or if the service requested to not adequately compensated for by the applicable rate schedule. t ~ The grant of an application shall operate so an acceptance of Applicant's offer to purchase electric service. Any Customer taking electric service from Cooperative, in consideration of the Cooperative's supplying electric service and regardless whether or not tech Customer has %&do application for such electric service, is bound by these Service Regulations and is liable to Cooperative for payment for such electric service under the applicable rate schedule. 104.1 Terse of Contract. I The terns of the contract ace the provisions of the Agreement For Electric Service the service rules and regulations of the Cooperative, the applicable rate schedule, (including this tariff) and any applicable 'element. I 304.2 Conditions to bo Fulfilled by ADrrllcant or Custo"t. As conditions precedent to the perfotmuice of obligation to perform any 1 part of the contract for electric service by the Cooperative or the provision of any electric service Customer shall. N J1 i ~l y1 1 { w~ ~ t 1 -Section Mat No. p01TON COUNTY EL/CfRIC COOMATIVE, INC. l1I 6 Tariff for ev slon - Page Electric Service PUC SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part i - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED A, Comply with the Law. N Customer warrants to the Cooperative that he of she has compiled with all Federal, State, County, and Municipal regulations governing the service applied for and shall remain in compliance. The Cooperative does not undertake to determine if Customer is in ! G: compliance with the law and the provision of service shall not 6e construed as any indicts of compliance; however, the Cooperative may require a copy of any approval required by law, ordinance or j regulation prior to the provision of service or may refuse or j discontinue service if Customer fails or refuses to comply with applicable state and municipal regulations. and B. Comply with Service Rules. Applicant/Customer shall comply with the Service Rules and Regulations of the Cooperative governing the service applied for; and C. Customer's Installation. Customer warrants to the Cooperative that Customer's installation is constructed in accordance with the latest revision of the National Electrical Coda published by the National Fire Protection Association and/or the latest revision of the National Electrical Safety Cods published by the Institute of Electrical and Electronics Engineers, Inc., as well as other Codas that may be applicable. Customer further warrants to the Cooperative that Customer's installation will be maintained in accordance with such ` Codes, The Cooperative does not undertake to determine if ` Customer's Installation complies with such standards and the pro- vision of service shall not be construed as any tndtcia of ; compliance; however, should it come to the attention of the ►1 r a ec ton hest No. DDM44 COUNTY ffi,EC'l7tIC COOPEEATIVE, INC. III 7 Tariff w for islon T Page Electric Service SECTION T~6: STANP SERVICE RULES AND REGULATIONS part I - Obtaining Electric Service j APPLICABLE TO ALL AREAS SERVED 'r Cooperative that Customer's installation does not conform to such IN standards, Customer may be required to conform prior to the provision of service or the Cooperative may discontinue service. andJ D. Easement. Customer shall grant or secure to the Cooperative at Customer's expense an easement, the form and content of which is satisfactory I to the Cooperative. The fore of an acceptable utility easement which has been approved by The Public Utility ComAiss10n of Texas is contained in Section IV, of this tariff. This form may be altered by the Cooperative to fit particular circumstances. In the event the Applicant/Customer is not able to secure an easement acceptable to the Cooperative after reasonable attempts and the Cooperative acquires an easement, then Customer shall reimburse the Cooperative all costa; and E. Construction Costs. Customer shall fulfill all obligations for the payment of construction costs in the manner prescribed in service rules and regulations governing line extensions. 304.3 Assianment o! Contract. The Customer shall not assign the Agreement for Electric Service or any of Customer's rights or obligations thereunder except by written consent of the Cooperative and in compliance with the Articles and bylaws of the J Cooperative. The Agreement For Electric Service shall inure to the benefit of the Cooperative's assigns. N i 1 i eC On to 0• e D~,~ ~,~'RtC OOOt1RATtVl, INC. III age Test!{ evlsion for Electric Service STAMP SECTION' ' SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO AL' ARIAS SERVED the P stl•s• the agreement of 301.4 Nodiltcat1On b• modilted by The contract tot •leetrie service may i both the Cooperative and the CustOmlt it such agreement is made in both Patties. I writing and signed by 705. Line Ems' ~ ~ . . 305.1 Cen•r` 1 P?1i I Eachtprovision The CooPerativ extends its line extension tprovisions to accordance with the following liM type Of if t s electric conditlonsvi oder• wantilc hichipa a line classifies the pt•nt f customer's Premiset set and ap*pec "do- !or each location where electric secvic• is extension may be so an evaluation of the type Of desired, CustOmac's clsssiftcatlon invo1i"tttcaltoe shall be determined installation and its use. Customer s e 1 ftcatton assigned by the COOP•rattw• In the avant thl Cuthe atosar`sisubsaqu•nt actual use the Cooperative is incorrect based upon altar Customer's of the installation then correct line •xtmiaslan clasatficatton, classification and apply the making appropriate adjustment to the Customac'S account or billing. 305.2. Pecman•nt Ras1d•n~ I The Cooperative will construct N a to~sarw extension ap•tof its manant oc•atdanttal underground distribution sys sovlatone: installation under the following P A. AOVIic! !bi,~' ext•nelon to a p•esaMnt residential installation k' To quality •s an service Shall: ~i the location where Cuetoset is tequesttng 1 a r~ E M] 7' DQI'vm Coum 1B,EC'I'RIC CooMATIvf, INC. ec ion hoot o. Tariff for av--T isioK Electric Service SECTION TITLE: STAMP j SERVICE RULES AND REGULATIONS 1 Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED i (1) be a pertinent installation with wxieua demand of lets N than 35 KM; and i C?~ (2) be a single or multi-fully residence, and (3) if located within a subdivision the developer must have complied with the subdivision line extension policy of the ! j Cooperative and paid all aid to construction required therein. I i B. Point of Delivery. E The Cooperative extends its eIectric facilities only to the point 1 of delivery. Customer shall install and be solely responsible for i wiring of the installation and all service entrance wirir) ..;ough II the weatherhead and the meter base to customer's main d.sconnect switch or service center. C. ,eilities Charge. (1) The Cooperative shall estimate the actual cost for the line extension based on current unit material and labor costs for f the same type of construction in the most recent data II available. The actual cost is the total cost of all construction including not only the labor and materials used in constructing the extension, but also engineering, right- of-way acquisition and clearing, and all other costs directly attributable to the extension. (2) The Cooperative shall calculate the system average net utility plant Investment per meter served based on the most recent REA Fore 7. The system average net utility plant investment ;or~ meter shall be defined as the net utilit} plant divided by they number of consumers receiving service. b, ~ t nw.., b ec on sat o, DZNTON Cot"N SLAt7LttIC COOPMTIVE, INC. ILI l0 XXX Tat it f 1 for w son page Electric Service pue STAMP SECTION TITLE: SERVICE RULES AND 12OULATLONS i Pert 1 - Obtaining Electric Service APPLICASLE TO ALL AREAS SERVO 1f (3) If the estimated actual cost (Item 1) is greater than the system average utility plant investment per motet (Item 2(, rem then such excess will be charged to the Customer as a non- refundable contribution in aid of construction. It a contribution is required, payment may be made in advance i of construction or monthly over the iota of the contract. ` D. Contract Tera. The Cooperative may require Customer to sign an Agreement For Electric Service for a tots of up to five (5) years. The term of the Agreement for Eleettlc Service shall be determined by the cooperative based on the amount of its investment and the payback period tot customer's load. i 305.3 Non-Petmanent Residence. The Cooperative will construct a new extension of its overhead or undsrgtound distribution system to servo a non-perunent residential installation under the following provisions: 1 J A. Applicability. To qualify as an extension to a non-permanent residence the location where Customer to requesting service shall: I -qw Y ` section Sheet No. Dgnw Cm4m m.Lcmic COOPMMATM, INC. III it Tariff tot Rev' lfton 'image Electric Service PUC SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED N ill be a residence or dwelling unit; and (2) not qualifying as a permanent installation. i ~ B. Point of Delivery. O The cooperative extends its electric facilities only to the point of delivery. Customer shall install and be solely responsible tot wiring of the installation and all service entrance wiring through the weatherhead and the meter bass to Customer's main disconnect switch or service center, C. Facilities Charm. There will be no charge to the Customer tot the first 5600,00 of actual cost incurred in making the extension and such amount shall be the Cooperative's obligation. The Customer shall be required to pay in advance as aid to construction the actual coat incurred in making the extension construction in excess of such amount. All amounts paid to the Cooperative for construction shall be non- refundable. Actual cost incurred in making the extension shall mean the total cost of all construction including not only the labor and materials i used in constructing the extension but also engineering, right of way acquisition and clearing, and all other costs directly attributable to the c ,tension. 0. Contract Tera• The Cooperative may require Customer to sign an Agreement For Electric service tot a term of up to five years. The term of the Agteement for Electric Service shall be determined by the of 1 ~ --Section Sheet No. DENTON COUNTY ELW"IC COOPIRATtVI, INC. Itt 12 Tariff for -TO-V r-sIon Page Electric Service PUC SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED N j Cooperative based on the amount of its investment and the payback I period for customer's load. 305.1 Other Line Extensions. The Cooperative will construct a new extension of its overhead or underground distribution system to serve all other permanent installations under the following provisions: A. Applicability. To quality for an extension under this section 30S.1, the location where Customer is requesting service shall: (1) be a permanent installation; and (2) it a residence, maximum demand of 35 Kw or greater. j B. Point of Delivery, The Cooperative extends its electric facilities only to the point of delivery. Custoser shall install and be solely responsible for wiring of the installation on Customer's side of the point of delivery. C. Facilities Charae. For small commercial loads with a peak demand of lose than 35 xd, the Customer shall be required to pay a contribution in aid 4f construction if the estimated annual revenue from the Cwtcrosr 1 excluding power cost adjustments and axles tax, is less than the revenue required to recover the Cooperative's fixed and extfnst:n investment costs of providing service to the Customer, The amount N 4 4 ec ton Shoot Na. DQI'fON COUNTY Q,1C171IC COOMATIVi. INC. III 13 Tariff tot evis on Page - Electric Service SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part 1 - Obtalning Electric Service APPLICABLE TO ALL AREAS SERVED of the contribution in aid of construction shall be calculated as N follows: I I i Amount ■ Extension Cost - Not Annual Revenue Return Factor Gs. { I Estimated Annual Revenue - The dollar revenue calculated by applying the applicable rate to the customer's estimated `i electric usage. f Estimated Electric Usage - The estimated KW desand and KWh energy based on information provided by the Customer, actual historical data, usage of the other customers with similar loads and operating characteristics and/or any other Saute* or method which will accurately predict the Customer's electric usage. Fixed Investment Costs of Providing Service - From the i Cooperative's most recent Cost of Service study, that portion of 1 the depreciation, interest, 0 i M. and tax expenses that are i attributable to the portion of plant investment Cowan to the entire customer class. This Cowan plant investment or fixed plant Includes the three phase backbone, land and rights, station equipment, regulators and capacitors allocated to the i customer class. Other Fixed Investment coati include 0 a 0, consumer records and sales expenses and margins. The fixed investment costs are then expressed as ! per total class KWh 1 sold. I r J ± DENTON COUNTY MAMIC COOPERATIVE, INC, e0 On Shoot N04 III 11 Tat it[ for Revision Electric Service SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part I - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED Extension Cost - The estimated actual cat tot the line li extension based on current unit labor and material costs or average cost per toot for the same type construction in the most CE: recent calendar year. The actual cost is the total cost of all construction, including not only labor and materials used in constructing the extension, but also engineering, right of way acquisition and clearing, and all other costs directly attributable to the extension. Net Annual Revenue - Estimated annual revenue less estimated j purchased power cost and less fixed investment costs of i providing service. If Estimated Purchased Power Cost.- The cost calculated by applying the Cooperative's current wholesale power rate to the Customer's I estimated electric usage. Return Factor - the total current annual cost per dollar of j investment including 0 i M, taxes, insurance, interest and { principal, The Cooperative's most recent 12 months 0 t M, tax, and insurance costs are totaled and divided by the year to date net utility plant from REA Form 7. Annual Interest i Principal •i/(1-(l*1~-n)x12x Ext. Cost ' I Current annual rate of interest tot financing line f extensions 1 1/12 N • Number of years to amortise line extension debt n N x 12 1 i 1 { r~ r •e on No. D~'~ ~M EL1C'{12C rooPOATIV=, INC. Tariff III is for evils on - a~ go Electric Service PVC SECTION TITLE: STA MP SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service 1 APPLICABLE TO ALL AREAS SERVED If the amount calculated is rero or aregative, no contribution in aid +f~ of construction is required. If a contribution is required, the } li c, Cooperative say require either payment in advance of construction or payment monthly over the term of the contract. Actual cost shall mean the total Cost of all construction including not only the labor and materials used in constructing the extension but also engineering, right of way acquisition and clearing, and all other costs directly attributable to the extension. All amounts paid to the Cooperative for construction shall be non-refundable. For loads of iB Kw or more, the Cooperative shall exercise prudent i I Judgment in determining the conditions under which a specific line extension will be made and shall view each cue individually, considering the following: ? 1) Cost to provide the service 2) Longevity of the load 11 Annual load factor 1) Possibiltty of other loads developing nearby or along the proposed line extension B) Anticipated annual revenue 6) Compatibility with planned system improvements. When appropriate, the Cooperative shall make a simplified rate-of- 1 return study. Upon such study, the Cooperative can determine whether special contractual arrangements need to be Bade with Customer. i Revenue for the service shall provide a return on the Investment at least equal to the average return for the customer class. Special arrangements may be a contribution-in-aid-of-construction, an advance for construction, or special monthly or annual minimums expressed in demand and Kwh, or dollars of revenue, or a combination IY i 1 i Sv a Section Sheet No. Dom" cowry mwg iC COOPw?m, INC. III 16 Tariff for eilon` magi Electric Service PVC y SECTION TITLE: STAMP 9 SERVICE RULES AND REGULATIONS 5E Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED of these. In some cases, credits may be allowed toward advances for ` construction made by Customer, it Customer should exceed revenue f expectations or other load materialises along the proposed extension, All amounts paid to the Cooperative for construction shall be non- ! refundable. . D. Contract Term. The Cooperative may require Customer to sign an Agreement For Electric Service for a term of up to 20 years. The term of the Agreement for Electric Service shall be determined by the Cooperative based on the amount of its investment and the payback period for customer's load. f 305.6 Subdivision Developments and Mobile Home Parks. A. Applicability The Cooperative will construct a new extension of its overhead E distribution system to provide service within subdivision developments and mobile home parka. To qualify, the service location shall; f ~ 11) be a dedicated subdivision or a mobile home park; and ) t (2) be primarily used or developed for several single or mule!- J family residential dwelling units. (3) The land developer shall become a member, establish credit, execute an electric service afire bent, and comply with all other applicable 1 provisions of the Service Rules and Regulations of the Cooperative. `r IV . JI 1 "'1 1\r1 1 ec on set o. D21" COi1M Q,§CTR1C COOPMTIVS, INC. 111 17 Tarif! ev sion page for i Electric Service 1 PUC ' SECTION TITLr; STAMP SERVICE RULES AND REGULATIONS Part 1 - Obtaining Electric Service j APPLICABLE TO ALL AREAS SERVED . f B. Facilities Charge (1) The Cooperative shall estimate the average actual cost to serve each lot or consuming facility within the subdivision. (2) The Cooperative shall determine the average net utility plant i investment per meter served based on the most recently 114 available IMA Form 7. I (3) It the estimated average actual cost (Item 1) is greater than I the average utility plant investment per meter (Ilea 2), then li i i such excess will be charged to the developer for each lot as ~ ~ a non-refundable contribution in aid of construction. (4) The actual amount of contribution in aid of construction 1 charged to the developer will be adjusted by refund or I additional assessment upon completion of construction by the amount which the average actual cost differs from the estimated average cost. 1 All amounts paid to the Cooperative for construction shall be non-refundable, i i i 305.6 underground Service The Cooperative will provide underground facilities to serve any tyre I of permanent installation, provided the soil and terrain are adaptat:e 4 ! ~ for underground facilities. i 145.7 TeaporarY_Service. i In any elecuastanee where the need for electric service my be !er a period of less than two years the Cooperative shall charge and Custcner~ i i 1 1 i ryv ~~a DQi'W C=M MJrMIC CCO~ATIV2, IMC, •c ton heel o. Tariff III is EleetrterServle• evis:on Page SECTION TITLE: TA STAiSP SERVICE RULES AND REOULATIONS Part 1 - Obtaining Electric Service i APPLICABLE TO ALL AREAS SERVED r shall pay 100♦ of the actual Cost of construction plus the Cos! of removal less salvage valve. i t 305.8 Area LiahtinalSecurity Liahtina,~ The Cooperative will construct 300 foot of overhead extension to serve a security lighting without charge to the Customer. Customer will pay in advance as non-refundable aid to construction the actual cost of all f overhead construction in excess of 300 feet. For underground services to security lighting the Customer will N pay in advance as a non-refundable aid-to-construction the actual cost i of all construction less the estimated actual cost of 700 toot of single phase overhead construction. AJ f 305.9 Line Clearance. The Cooperative will assist in the transportation of overtired objects through the area or in the construction of buried pipelines or other objects with the Cooperatives right-of-way b to ' Y mporsrlly de- ~ {I energising Cooperative facilities or temporarily relocating or railing i electric facilities provided that the Coopstativ0 s compensation for all actual costs incurred, Actual coat shall mean; (1) Total cost of all costs including but not limited to labor, meteriala used, engineering, right of way acquisition and clearing; (2) Cost for vehicles uswl including silage; (3) Cost for Cooperative employees Involved. i 305.10 Ownership of Distribution taallitiea, The Cooperative shall retain the ownership of all material and facilities installed by the Cooperative for the distribution of 1 fJ ! 1 I 1 I 1 mss. DWM COtMTy E633L 1C COOPE#ATIVE, INC. section Tariff it: 19 for l eve - ap'"gs - electric Service SECTION TITLE, STAMP SERVICE RULES AND REGULATIONS Part 1 - Obtaining electric Service APPLICAKE TO ALL AREAS SERVED i electric energy whether or not the sue have been paid for by the Customer. All lines and facilities constructed or installed by the I Cooperative are the property of the Cooperative, 305,11 NO Refund of Aid to Construction, j Payments necessary for construction of facilities which will be used by the Customer are contributions in aid of construction and are not refundable. 305,12 Deferred Payment Plan. The Cooperative may at its option enter into a deferred payment plan with Customer for all or a portion of any amount required to be paid as aid-to-construction. f r i 305.13 Relocation of lacllities, The Cooperative will relocate its Utilities on Customer,$ pruiesa at Customer's request provided Customer has (1) provided a satisfactory easement for the new facilities; (2) paid in advance on estimate a^, all costs far the removal of the old facilities, less salvage value, and j all coats tog the construction of new facilities. If the Cooperative determines it to necessary to move its facilities because customer fails or refuses to allow the Cooperative access to Cooperative's facilities at any time then Customer may be billed the actual cost of relocation. a' i S t action hoot No. DO'1'Oti COUNTY ELECTRIC COOPOATIVI, INC. 111 20 Tariff for viston-Page Ae Electric Service PVC j SECTION TITLE: STAMP SERVICE RULES AND REOVLATIONS Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED c 306. Motets. 306.1 Location and Installation of Meter. Meters and service switches in conjunction with the motet shall be installed in arcordance with the latest revision of American National Standards Institute, Incorporated Standard C11 (American National Code for Electricity metering), and will be readily accessible for reading. testing and inspection, and where such activities will cause minimum 1 interference and inconvenience to the Customer. Customer shall i provide, at a suitable and easily accessible location, sufficient and proper space for installation of meters and other apparatus of the r cooperative. The Customer may be required to furnish and install, without cost to the Cooperative, other neceessty metering equipment including: (1) meter board, (2) meter loop, (3) meter rock. (4) metering enclosure, (S) safety Service switches, (6) adequate earth ground, (7) an adequate anchor for service drops. All motets installed after July, 1980, sbalk be located as set forth herein, provided that, where installations are made to replace asters removed from service, this section shall not operate to require any change in meter locations which wets established prior to July, 1980, unless the Cooperative finds that the old location is no :7ngsr suitable or 4 proper, or the Customer desires that the location be changed. Where I the meter location an the Customer's preelses is changed at the request of the Customer, or due to alterations on Customet's ptealsos, the Customer shall provide and have installed at his *Von$*, all wiring Al and equipment necessary for relocating the meter. l~ i v 1 WWI fit.. Yw>a~ I f DO" COI1M ZL>!LMIC COOPMATIVE, INC. section eat No. Tariff 122 21 for Revision Electric Service PVC SECTION TITLE: STA MP SERVICE RULES AND REGULATIONS i Part 1 - Obtaining Electric Service APPLICABLE TO ALL AREAS SERVED c 306.2 Type of Meter and Ownership of Meter. The Cooperative shall provide, install, own, and maintain ai'. meters N necessary for the measurement of electrical energy. Such motors shall be of a standard type which most industry standards, however, special rd. meters not conforming to such standards may be used for investigation or III' experimental purposes, 306.3 Limitation of Service from Single Meter. j One residence and one residence only may be served from one meter. Each meter shall require either a membership in the Cooperative or an auxiliary service. No business shall be served off a motor serving a residents, unless the residence and business are combined under a single r root. 307. Point of Delivery Customer shall designate the location he or she desires to receive electric > energy subject to the Cooperatives approval and shall provide service entrance conductors and any receptacle needed for the receipt of slactric energy. The point of delivery of electric energy is the point where the Customer's service entrance conductors are connected to the Cooperative's conductors. Such point shall be outside the Customer's installation or structure(s) at a location f which will facilitate connection in accordance with the National Electrical Safety Code and standard operating practices of the Cooperative. Al i I t ec on o. I)Wf N Ca m UWMIC COOMTra, INC. lit 22 Tariff ev son --Ts~qe tot Electric Service STAMP it SECTION' SERVICE RULES AND REGULATIONS `I Par! 1 - Obtatntng Electric Service i APPLICABLE TO ALL AREAS SERVED located inside the In speclal circumstances, the point of delivery may be Customer's tnstallatton or structure if the Customer makef a written request which is approved by the Cooperative. 309. initiation of Setvtee. rative's i custoses in th C00 Electric service to provided ;ablishedt cted t e aud~[ulttlledCealltieonditione i who have satisfactorily E 1 Cooperative &tt*aptG to asks ptecedent. Normally, ae a service objecttve, the service available within the following guidelines, A. Within swen (7) working days it no line extension Of new tactic- 1 ties ate required, B, Within ninety (40) days tot petsanent residential service requiring othec facilities unless unavailability of a line extension or materials causes unavoidable delaY. may 1Sne "tensions C. Extensions to other eustoaer classes requiring lint "tensions may Iv inety (90) days take longet than n. I i I i M-W VA. ~I\ J ect oss n hoot No. DINTON COUNTY Q,3ICTRIC COOPMATIVR, INC. 111 23 111 Tariff for w s on Page Electric Service PUC SECTION TITLE: STAW SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED 320. Eleetrie Energy 320.1 Delivery of Electric Energy. ~ I If Customer has satisfied and continues to satisfy all conditions and I i f perform all obligations contained in the foregoing service rules, the Cooperative shall provide electric energy to Customb!, at the point of delivery. The Cooperative may, however, limit the amount of electric t energy Burnished. N if Ij 320.2 Characteristics of Electric Energy. C A. voltage, The Cooperative adopts the following standard voltages for distribution: I Sinale Phase The" Phase 120/240 120/204 III I+ 240/480 120/240 1 240 480 277/440 Insofar as practicable the Cooperative maintains its standard r~ voltages within the variations permitted by the Public Utility Commission of Texas. (See Substantive Rule 23.62(!)). Customer h should obtain from the Cooperative the phase and voltage of the 11 service available before committing to the purchase of motors or other equipment. Jv 1 10 1 S ,y 0 ~ ecLSon hteC No. DDI'I'ON COUNTY MiXu RIC COOPWTIVI, INC. III 11 Tariff for rrision Electric Service SECTION TITLE; STAMP SERVICE RULES AND REOULATIONS Part 2 - Electric Service 1 i APPLICABLE TO ALL AREAS SERVED N j B. Freguencv. The Cooperative's wholesale power supplier controls the frequency of current provided by the Cooperative. Generally, the Cooperative provides alternating current at a standard frequency I of 60 cycles per second. Except for infrequent and unavoidable s f G~ fluctuations, this standard is usually maintained within one-tenth ' (1/10) of a cycle per second. 321. Method of Providing Service. 721.1 Overhead Service Drop. "I Electric service is generally available to Customers throughout the 1 S~ Cooperative's service area from overhead distribution facilities. The Cooperative, however, may refuse to provide overhead service in any area where the Cooperative has or expects substantial investment in underground distribution facilities. To receive overhead service J Customer must install a suitable bracket for attachment of Cooperative 1i conductors in compliance with the National lloetrical Safety Code. I E 321.2 Underground electric Service. Clactric service from underground distribution facilities is available I to customers who meet the requirements of these service cults and ti h regulations. In areas served by the Cooperative's underground f distribution system phase and voltsjo of electric service may be limited to that which can be provided from existing facilities, ~ Underground conductors ec• usually connected to the Cooperative's owe- i l head distribution tacilities at a location outside the Customer's premises or at a suitable location on Customer's premises, The ' location and routing of underground distribution facilities is p.. a I fis■■ ' ec ton hest No. , ' DEN'NN COUN'1R ELECTRIC COOPEl11TIVE, INC. Tariff III 25 for --we-vision Page Electric Service -RC SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED determined by the Cooperative, Customer may be required to provide at his/her expense pods tot padmount transformers, conduit and other associated equipmant,prior to comencement of construction, Bata rr• the , installation of underground distribution facilities, Customer will complete rough site grading, establish final grads along conductor routs, expose to view any underground installation including gas lines, water lines, wastewater lines, cowunication lines, etc., and clear the area of all obstructions. No change shall be made in the grade along the conductor route without the consent of the Cooperative. Any change in grade which requires lowering electrical conductors is at the I expanse of the Customer. + l 321.3 Mobile Nose Parks. In mobile hone parks and similar installations the Cooperative provides electric service through individual motors to each space for tech consuming facility. Either underground or overhead service may be E provided. 321.4 Mutt!-Taaily Eesidances. Electric service is provided through individual motors for each living unit. 321,6 Connections at Point of Delivery. I The Cooperative makes connections of its conductors to Customer's conductors only at the point of delivery. N I 1 i d i ,w ve xxA~ I I, Section host No. DRJ'I'ON COUNTY <Lil-{71IC COOPOIIITIVR. INC. III 26 Tariff for -TO-71-470 n Page Electric Service PUC SECTION TITLE: STAMP I SERVICE RULES AND REGULATIONS Part 2 - Electric Service I APPLICABLE TO ALL AREAS SERVED 1f 122. Continuity Of Electric Service, I G: I 122.1 Reasonable Diligence. , The Cooperative uses reasonable diligence under standard utility practices to provide continuous and adequate service in accordance with } the standards set forth in these rules but does not warrant or represent that irregularities or interruptions will not occur. I I 122.2 Service Interruptions. Service interruptions may occur. Customer is responsible for installing and maintaining protective devices a arm recommended at required by the most current edition of the National Llectrtcal Code i and other such devices as are necessary or advisable to protect ` Customer's equipment or process during Irregular or interrupted service I including, but not limited to, voltage and wave from irregularities, or the failure of part or all of the eleetriesl service. When interruptions do occur the Cooperative shall re-establish service as i soon as practicable, i The Cooperative may interrupt service to provide necessary civil defense or other emergency service in the event of a national emergency or local diameter. The Cooperative may also interrupt service as necessary for meintenance, repairs, construction, moving of buildings or oversised objects, relocation or changes of footlittes, to prevent or alleviate an emergency which may disrupt operation of all or any portion of the Cooperative's system, to loosen or remove risk of harm to life or property, to aid in the restoration of electric service, and on occasions when the Cooperative's wholesale power suppliers, or any N 1 J 4fX{1RN~ 1 y IPVA N~ j DRIRVN COUNTY 8LDClRIC COOP=R1iTriR, INC. Section hest No. Tariff III 27 for -rev 10 on Page Electric Service rur~ SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part 1 - Electric Service APPLICABLE TO ALL AREAS SERVED N! of them, tails to deliver sufficient power and/or energy to the Cooperative. 322.3 Service Irregularities, Irregularities in service such as voltage surges may occur. Customer is responsible for installing and maintaining devices which protect his/her installation, equipment, and processes during such service conditions. l 322.1 Investigation of Service Intsrruetions-and Irregularities. The Cooperative makes reasonable investigation of service interruptions and irregularities reported by a Customet. Such investigation normally terminates at the point of delivery. It standard service voltage exists at this point and the Cooperative's service facilities ate in good 1 condition the Customer shall be so advised. The Cooperative shall not be obligated to inspect Custom0r's conductors, installstion, or ' equipment. 372,6 Liability, 10,10wity, and Disciaimet of Warroatles, A. W ability/lndennitvl Cuoperstlvs is responsible tot design, construction, operation, ani maintenance of electric service facilities up to and including :he Point of Delivery. Customee is responsible for dest In. construction, operation, and maintenance of Customat's installst::a beyond the Point of Delivery gad has 0010 control and supetv&SIM over Customer's installation. It Is particularly understood that the Custom assumes full responsibility for electric anotly furnished to Custa"t at and poet the point of delivery and w:;l indemnify the Cooperative against and hold tae ; 1 -_J z e i rM s ~~r. Dllrrfbll CIII14M bUCT'RIC COOPlIATIVE, INC. ection oft o. Tariff for III 26 Electric Service w elon a- SECTION TIRE: E SERVICE RULES AND R STAMP ECIJLATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED Cooperative harmless from all claims for damages limited to including but not f injuries to SAY Persons, including death resulting therefrom, and damages to property occurring upon the i the Customer arising from electric Premises to ffJ' Coop»rative whether or not Po and energy negligence delivered by eeuaed b r e Cooperative except when the negligence Of Cooperative of the I e or its agents or agents was the solo proxiaste cause of such injuries, death of persons or damages to property. : s Except to the extent iAJuriee or dace i ge have been caused by the E Cooperativele negligence or willful Misconduct as provided in this E fit section it is the express intention Of Customer to Indemnify th• t I Cooperative !or the Consequences Of its own negl, With 112iting the foregoing, Cooperative is not and#halll not lnot be labl liabl out to Customer for damages occasioned b ae interruptions (o! an Y' (A) irregularities or 1 any duration), of !allure to commence electric ! service, caused in whole of in part b I municipal action or y (1) governmental or authority, litigation, stcika, acts Of God public snares. (including weather and its resulting j consequences), (2) an order of any Court or Judge granted in any bona !!de adverse legal proceeding of action or any order of any commission or tribunal having jurisdiction in the praises, (I) situations of conditions described In the second paragraph of , Section 3.22.2 of these Service Ruisa, (1) the absents, inadequacy ? or !allure of protective devices which are the responsibility of the Cuatoaet, (9) Inadequacy or failure of transmission facilities, or (6) an geneeation ly Or I beyond the control of Company Y other sot of thing rasonaDiy this Tariff For Llecttlgervlee;MAY be authorlsed elsewhere in (e) any interruption of I I t ec ton -shoot Ho. D9SO" COUNTY Z,jMIC CoOFWTIVE. INC. 111 19 Tar if! evil on -Tagi- for Electric SerVlCe SECTION TITLE' STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SEINED CIO V service not occasioned by situations or conditions described in (A) above that has not existed continuously for beyond a reasonable perked of time after notice to Cooperative, which reasonable period shall under no circumstances be less than ~J twenty-four (24) hours or any interruption of service at greater than a reasonable duration it the Cooperative has used reasonable diligene• la attempts to rasters electric service after the ' Cooperative to notified of such interruption. I l cooperatlva may perform voluntary or emergency acts to electric facilities which are the responsibility of the Customer but shall ' have no liability for daaulges or injuries reaulttng trot said acts except to the extent that sold damages or injuries are proximately caused by acts or omissions of the Cooperative which aro found to be wanton or willful with the intent to cause injury. action relating to the provision of In any clots or cause of electric service asserted by Customer or any other person against Cooperative, Cooperative shall not be liable for any including but not Comequential, special, or non-dteeet dnegeG, limited to lose of use of equipment, extra expense due to the use of temporary or replacement equipments lose of electronic data or program, loss of business revenue, costs of capital, or any cost J not part of necessary repair to or reasonable replacement of electric equipment whether the clots or Cause of Gotten is based l upon contract, tort, nogligenee, products liability, or any otherrs - theory of recovery. v 'I I i F r -section hoot No. Don% COUNTY EbEM%c COOPWTIVt. INC. Ili 70 Tariff for Toms on --r-94 Electric Service SECTION TITLE: STAMP I SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED B. Disclaimer of warranties. N COOPERATIVE MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO THE PROVISION OF ELECTRIC SERVICE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT CI NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR ?U"'POSB, N A~ 727. Customer's Receipt and Use of Electric Enerov, r, t 727,1 Receipt of Electric Enerav. k A. Exclusive Ulf. When electric service is available, Customer shall purchase from the Cooperative all electric energy and service required to be used by Customer from a single consuming installation. Custoset may not connect his lines to another source of electric energy in a manner that may permit electric energy to flow inte Cooperative's *Ys t#4 !roll such source without a written agreeaeet I with the Cooperative, t , 5. Customer's Installation, Customer shall at all tires maintain his/ber installation in accordance with the latest revision of the National Electrical ; Code published by the National fire Protection Association and/or the National Electrical Safety Cods published by the institute of l Electrical and Electronics Engineers, Inc. as well as other J applicable standards that say be imposed by law, ordinance or regulation. N 1 I I J 1 I ~J WF' Y F Section •et No. Drrrol+ canrTy Q,sM3c COOPlIlMrn, INC. l tit 31 Tariff for lsion Page Electric Service PU SECTION TITLE: STAW SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED N 323.2 Customers Use -of Electric Enerov. i A. Permitted Uses. Electric energy provided through Cooperative facilities shall be used by Customer exclusively for the purpose or purposes specified in the availability clause of the rate schedule under which Customer is receiving service and being billed. i E Resple Prohibited. Customer shall not resell electric energy unless specifically j provided for in writing by the Cooperative. C. Interstate Transmission of Electric Mom Prohibited. ~ The Cooperative does not provide electric service to any member's r installation any part of which to located outside the State of { Texas or to connected to any conductors, all or part of which is located outside the State of Texas. Custoaer shall not transmit electric energy provided by the Cooperative outside the State of Texas. f D. Uses Prohibited by Law. i Customer shall not use electric energy for any unlawful purpose or to such a sinner that it may endanger life or property. i I , C action hoot No. DenW COUNTy =Wt IC COOPERATIVE, INC. III 32 Tariff - for ev s onPage Electric Service Pue SECTION TITLE: STAMP y SERVICE MULES AND RMULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED 323.3 Customer's Electrical Lead. A. Load Balance. Cooperative requires Customer to control the use of electric E energy so that Cooperative's electrical load at the point of delivery is in reasonable balance. S. Allowable Motor Starting Currents. The following motors may be started across-the-lino it the motor size does not eKeood the limits t+ivsn below: i Single Phase 10 N? Three Phase 30 MP r. Larger across-the-line starting currents than above may be peraitted whore Cooperative determines its facilities are adequate and the frequency of starts are such that other Customer's service will not be adversely affected. Any motor starling devices era to be of a type approved by Cooperative and are to be provided and i installed by Customer. s i • Croups of motors starting simultaneously are clogged as one motor. e C. interai tent ElectItC81 Lade. Electric service to 04uipoent ouch as spot and arc welling machines, X-ray machines, arc-furnaces, elevators, dredlo s. J locomotives, shovels, read grinders, ete whose use :f electricity is intermittent and subject to violent fluctusti:ns. to provided to such equipment as a part of Customer's installation n f fin action Shoot No. p~CON COl1MTy SUMIC Coop=RATM, INC. 111 33 Tariff av son age for electric Service SECTION TITLE: SITAW 1 SERVICE RULES AND REGULATIONS ' Part 2 - Electric Service j APPLICABLE To ALL AREAS SERVED or by a transformer dedicated solely to that equipment and served i {r~ as a separate account. Except for lndividu6s transformer type arc I welders whose rated primary input current does not exceed 15 IIII amperes at 120-volt operation or 10 amperes at 240-volt operation k (30 amperes if Customer is served by an individual transformer), customers contemplating the installation of such equipment ace to make specific prior arrangements with Cooperative. D, Faul4ment N+CeesarY to Limit Adverse Effect. require Customer to provide, at Customer's Cooperative may expense, suitable apparatus to limit the effect of voltage fluctuations caused by electric equipment in Customer's 1 installation where Customer is found to be operating electrical equipment which produces voltage fluctuations, interference or distorted wave focse which adversely affect electric service provided by Cooperative to Customers. In lieu of requesting Customer to install such suitable or special 1 C equipment limiting such adverse Offset, Cooperative say, at its options install at Customer's cost, additional transformer capacity {which ay or "y not be dedicated solely to such member) or other equipment specially designed to reasonably limit such adverse effect. R, Voltage a 4 Wave Forms Sensittiive Vaulmat. n! such as A Customer planning the installation of electric equip" eospulOra, communication equipment, eleelconle control devices, { ate, whose performances may be adversely affected by voltage fluctuations and distorted 60 harts wave forma ace responsible for II '1 i r r I1uyy'~ .4 DE" COUMY M&-MIC C00PWATIVII, INC. iClItA hNt No. Tariff 3/ for -WV Ts on - e" grElectric Service PUC SECTION TITLE: STA MP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED providing and installing the necessary facilities to limit these adverse effects. R. Change in Customer's Electrical Load. The Cooperative may require Information concerning the astute of the load and electric service requirements as well es the expected duration of the load. Customer shall give written notice to the Cooperative fifteen (15) days in advance of connecting any motors or other devices which might increase load above the rated caps- city of lranstormer(s) servicing Customer. If Custaaar tails to ~ give such notice and an overload condition causes damage to the transformer(s) servicing Customer then Customer shall pay to the Cooperative the value of such transformer prior to the time it was damaged less salvage value, { I If in the Judgment of the Cooperative there is an increase in any electric service requirement for which, under standard engineering practice, it would be desirable to construct additional facilities, then the Cooperative uy charge Customer as aid to construction or as an increased mininua an amount not to exceed I the actual cost of such facilities together with the cost of any additional facilities required to be constructed by the Cooperative's wholesale power supplier serving Customer's load. The Cooperative may require the Customer to execute a new contract for electric service specifying appropriate tares including the maximum load, Increased minimum or aid to construction. DQ+'" COUNTY VACTRIC COOP32RATM, INC. action Tariff 111 35 for e~Tion ' Electric Service SECTION TITLE, C STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED 323.4 Power Factor. N i ~ If the power faster of Customer's load is less than 90%, Cooperative may require Customer to install appropriate equipment to maintain a r: power factor of at least 90% or at Cooperative'' option. to reimburse Cooperative for installing the necessary equipment, i t 323.5 Access. 1 Customer will admit to Customer's premises at all reasonable hours personnel authorised by Cooperative to inspect, install, remove, or replace Cooperative's property; to read Cooperative's meter., and to i perform other activities necessary to provide electric service, including tree trimming and tree removal where much trees in the i r opinion of Cooperative constitute a hassed to Cooperative personnel or ! facilities, or Jeopardise the provision of continuous electric service. Refusal on the part of Customer to provide reasonable access for the above purposes may, it Cooperative's option, be sufficient cause for f discontinuance of service. Alternatively the Cooperative may move the metering location and other facilities and charge consumer the cost of E relocating all facilities. 323.6 Protection of Coooerstive's Facilities on Custoae;'m Praises. Customer shall use reasonable diligence to protect Cooperative personnel and facilities on Customer's premises. i In the event of loss at, or damage to, Cooperative facilities on Customer's premisea caused by or arising out of carelessness, neglect, or misuse by Customer or unauthorised persons, Cooperative may require Customer to reimburse the Cooperative the full cost of much damage, N i i DWMN COUNTY ELIDC'i IC COOPINATIVE, INC. eCIIIn Sheet No. Tariff 36 for evis on Electric Service SECTION TITLB: C STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service i APPLICABLE TO ALL AREAS SERVED 321. Billing. i~ The Customer shall be obligated to pay the total amount of charges for electric !V service shown on the Customer's bill. Such charges shall be calculated in accordance with the Cooperative's latest approved rate schedule or schedules applicable to the class or classes of service furnished to Customer 1 and these rules. sills shall be rendered promptly following the reading of .term. 321.1 Deter lining Usage of Electric Energy. Usage of electric energy (expressed as XMh) shall be determined by a meter reading. The meter reading is conclusive and establishes i absolutely the amount of energy used unless It is shown by meter test f that the meter was inoperative or inaccurate, in which came the meter reading shall be adjusted as provided in Section 321.1 of theme rules. The meter reading shall not otherwise be adjusted. Electric energy usage is measured at the metering point regardless of whether or not it is the sane as the point of delivery. r ~ j 321.2 Neter_ Reading. The Cooperative reads meters monthly except meters designated to be j read by Customers. Customers are required to read the meter(s) on their premises monthly it so advised by the Cooperative. It a Customer falls to report a meter reading for 3 consecutive months the Cooperative may read the meter and charge a trip tee. Unless specifically stated in the applicable rate schedule all charges ar• based on a billing month. A billing month or billing period is the period between two consecutive meter reading dales and typically rsngme from 28 to 33 days. The Cooperative may check the meter reading of eny meter at any time. At rY ! r action Sheet No. DC"W Cot1m IG,lDL`1'1tIC COOPWTIV3, INC. III 37 Teri!! revision Page far Electric Service PU SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED - 324.3 Estimated Billing- 1 Electric energy as well as demand may be estimated by the Cooperative ! when there is good reason for doing so, such as inclement weather, t personnel shortage, etc. provided an actual meter reading is taken every 3 months. ' t 324.4 Mater Teat and Accuracy Adiustment. Upon request of a Customer and if he or she desires in the Customer's presence or the presence, of his -it her authorised representative, the Cooperative shall make a test of the accuracy of Customer's motor. The test shall be made during the Cooperative's normal working hours at a time convenient to the Customer it he or she desires to observe the test. The test may be made on the Customer's premiseo or at a test laboratory am determined by the Cooperative, Following completion of 3 testing, the Cooperative shall promptly advise the Customer of the date of removal of the meter, it removed, the date of the test, the result of the test, and who made the test. If any meter is found to be 1 outside of the accuracy standards estallished by the American National Standards Institute, Incorporated, proper correction shall be made according to 203.3. 324-S Minimum Charges. The Customer will pay a minimum bill in accordance with the applicable rate schedule irrespective of the amount of electricity consumed, even i it none is consumed. The minimum charge shall be in addition to any fuel cost adjustsent charges, power cost adjustment charges or other billing adjustments, All billing adjustments shall be billed :n 1 addition to and exclusive of the minimum charge. N I i t ec ion :02li'ON COVMTy ELECR'RIC COOPERATIVE, INC. Sheet No. Tariff t1I 36 for evil on page Electric Service PVC SECTION TITLE: STA MP SERVICE RULES AND REGULATIONS Pert 2 - Electric Service APPLICABLE TO ALL AREAS SERVED The minimum charge may be increased in accordance with the Cooperative's line extension policy for new construction. Usually the amount of such increase will be stated in the Agreement for Electric Service. i ' 321.6 Terms of Payment. Each bill for utility service($), regardless of the nature of the service(s), is due 16 days after Issuance unless such day falls on a i ` holiday or weekend, in which case payment is due on the next work day. +f r It full payment is not received in the office of the Cooperative or at any agency authorized by the Cooperative to receive payment on or 3 before the date such bill is due, the Customer's account will be 3 considered delinquent and subject to disconnection in accordance with these rules. E 321.7 Disputed Bills. In the event of a dispute between a Custoa*r and the Cooperative regarding any bill for electric utility service, the Cooperative shall make such investigation as say be appropriate under the particular circumstances, and report the results thereof to the Customer. In the event disputes are not resolved, the Cooperative informs Customers of the complaint procedures of the Cooperative and the Commission. Customers shall not be required to pay the disputed portion of the bill which exceeds Custotlr'a average monthly usage at current rates pending the resolution of the dispute, but in no event sore than sixty {60) days. For purposes of this rule only, the Customer's average monthly usage at current rates shall be the average of the Customer's gross utility service for the preceding 12-month period. When no previous lI J E t ~r• r A., waaJ~Ay F Section of No. DgniW COUNTY ujmIC COOPUATIVE, INC. III 39 Tariff for evasion Page Electric Service PV SECTION TITLE: STA" SERVICE RULES AND RflOULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED usage history exists, consumption for calculating the average monthly usage shall be estimated on the basis of usage levels of similar customers and under•gimilar conditions. 321.8 Deferred Payment Plan. The Cooperative may in its discretion enter into a deferred payment plan for any amount owed to the Cooperative or any portion thereof. The Cooperative shall offer upon request a deferred payment plan to any residential Customer who has expressed an inability to pay all of his u or her bill, it that Customer has not been issued more than two termination notices at any time during the preceding 12 months. A. Cooperative is not required to enter into a deterred payment r agreement with any Customer vho is lacking sufficient credit or a satisfactory history of payment for previous service when that Customer has had service from the present Cooperative tot no more ,I then three months. In cases of motor tampering, bypass, or diversion, Cooperative may, but is not required to, offer a Customer a deferred payment plan. 8. A deferred payment plan may include a five percent (8%) penalty for late payment but shall not include 4 finance charge. C. If a Customer has not fulfilled terms of a deferred payment agreement, the Cooperative shall have the right to disconnect sorvtce pursuant to the disconnection rules herein and under such circumstances, it shall not be required to otter subsequent negotiation of a deterred payment agreement prior to disconnection. N I i. ~ action hoot No. DRNTON COUNTY RI, CTRIC C00P31RATIVR, INC. III 40 Tariff for vision ~sge- Electric Service SECTION TITLE; STAMP ' SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED 324.9 Cancellation of Agreement. N If Customer terminates service without proper notice or prior to the and of the contract term or Cooperative terminates service due to a default or breach by Customer, in addition to the amount then due Cooperative, there immediately becomes due and payable to Cooperative as liquidated damages and not as a penalty a further sum equal to the minimum amount specified in the applicable rate schedules or guaranteed in the Agreement for Electric Service for the unexpired term of the Agreement ` for Electric Service, whichever is greater. 324,10 Average Payment Plan. ; %verage payment billing is available to Cooperative Customers upon the following terms and conditions: A. Mutual Agreement. Average payment billing is optional to the Customer but subject to i the Cooperative's approval in each case. Average payment billing allows the Customer to know in advance (subject to certain limitations} the approximate amount he or she will be required to pay each month for electric utility service based upon an average t of billings in the past 12 months. Average payment billing may not be used to defer payment of a Customer's delinquent electric bills. Average payment billing may be advantageous to Customers who ` experience wide variations in their monthly electric billings. S. Customer's Obligation. Notwithstanding anything in this section (324.101, a Customer entering into an average payment agreement with the Cooperative shall be obligation to pay for electric utility service the total N , 1 14 r ec ton heat NO. DSHTON COW N LL$CI'RIC COOPtd1ATIVE, INC. III 41 Tariff 1 for wis ro-n- Page Electric Service PVC SECTION TITLEr STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service re APPLICABLE TO ALL AREAS SERVED f amount of charges that would be applicable to the Customer in G. absence of any average billing plan or average billing agreement. The average payment does not relieve Customer of any obligation to pay based upon actual billing units (e.g., Kwh metered to the Customer(. C. Average Payment - Monthly Billings Calculation. If the Cooperative and the Customer mutually agree to average payment billing, the Customer's monthly charges shall be the average of charges which would be due for the proceeding 12 months r based on actual billing units. If Customer does not have a 12 months history, the billing will be based on available billing i history but not less than 4 months. However, this amount is j subject to adjustment as provided below. Jj I Upon descend, arty amount which would be due based on Customer's f actual usage shall be paid by the Customer when due in accordance it with the Cooperative's standard billing practices. i i D. Eltatbility. In order to be eligible for average payment billing, the Custccer must meet the following requirements: 1. In the most recent 12 months, Custoar must have occupied a permanent residential dwelling continuously connected to ~,ne Cooperative's electric system and have had a satisfactory payment 1 history during such period; 2. All bills except the current bill for electric utility service, if not than due, must have been paid; r. s, r DO~7W COUM EbECTRIC COOPWTIVN, INC. action neat No. Tariff 111 e2 for '-]Eeision - Peg* Electric Service 1 SECTION TITLE: C STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED ! 3. Customer must pay a security deposit of not more than 1/6 of estimated annual billings if requested by the Cooperative; C-- 1. Customer must sign and deliver to the Cooperative and level billing agreement. i E. Termination of Average Payment Billing, Average payment billing may be discontinued at any time by either Customer or the Cooperative. If average payment billing is discontinued, any debit balance will become due and payable immediately. A credit balance will either be refunded or applied to future billings. At the time average payment billing is discontinued, the Customer will be place don the regular method of billing. If a Customer fails to pay when due the amount of any average payment billing, the Cooperative may at its option terminate level payment billing and any debit balance will become due and payable, 125. Customer Relations. f 325.1 Available Information. A. Facilities for Providing Electric Service. The Cooperative maintains at each of its business offices and makes available to applicants and ethers entitled to the information a i current set of maps, plans, and records showing the facilities available for service. N 1 J Y fi` R ye. neaw~ ~y r Ifd is ee ion hoot No, I/ DpM CQJM gd1,MIC COOPERATIVi, INC. 111 43 Tariff for evision page Electric Service PU SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED " B. Cost of Providing Service. Prospective residential applicants are informed of the lowest- priced service alternatives available giving consideration to C' equipment options and astallation charges, if any. Cooperative does not assume rasp,.saibility that Customer receives electric service under the most favorable rate schedule. if a change in Customer's load or installation occurs which would oaks Customer eligible for a more favorable rate schedule, it is Customer's responsibility to notify Cooperative in writing of such changes and request that a different rate schedule be applied. Cooperative is not requited to bill Customer under the more favorable rate ` schedule until a written Agrement For Electric Service is in effect r between Customer and Cooperative specifying the new cats schedule. I When Customer selects a rate schedule, or changes its installation to be eligible for selection of new rate schedule, Cooperative is not required to make any refunds covering the difference between the charges under the rate schedule in effect and those under any other rate schedule which would be applicable to the same service. 1 C. Tariffs. At each of its business offices, the Cooperative maintains and makes available for inspection a copy of its current tariffs including all rate schedules and rates relating to service. A copy of any applicable portion of the tariff will be provided upon to posted request. Notice of the availability of such tariffs is each business office in the same area where applications fcr service are received. N t ~ ~ r s e et ion ae No. DSG4'1'014 COUNTY Q,Mi'RIC L'OOPwTra, INC. III 44 Tariff for vision ~igT Electric Service SECTION TIRE: STAMP SERVICE RULES AND REGULATIONS Pact 2 - Electric Service APPLICABLE TO ALL AREAS SERVED D. Hater Reading. Upon request, the Cooperative advises its Customers of the method of reading motors. { i i 325.2 Customer Complaints. i 7 A. Upon complaint to the Cooperative by a Customer either at its office, by letter or by telephone, the Cooperative shall promptly make a suitable investigation and advise the complainant of the results thereof. i r i 8. In the event the complainant is dissatisfied with the Utility's report, the Cooperative advises the complainant of the Public Utility Commission's complaint process. C. The Cooperative keeps a record of complaints showing the name and address of the complainant, the data and nature of the complaint and the adjustment or disposition thereof for a period of two years subsequent to the final settlement of the complaint. Complaints with reference to rates or charges which require no further action by the Cooperative need not be recorded. r 325.3 Refund of Domit During Service Period. If a Customer has been required to make a deposit the Cooperative shall pay interest on such deposit as required by Commission Rule 23.43. 340. Small Power Production and Cogeneration. Section 340 of this tariff and all subsections thereof apply to the interconnection and parallel operation of all qualifying power generating 1 I y M~ R js 'r. 1"Y4Y'.IYP~ k E S i Om4PDN COUNTY ELECTRIC COOPQATIVE, INC. Section Sheet No. Tariff 111 45 for ev sign Page Electric Service SECTION TITLE: ' STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED installations having a design capacity of 100 kilowatts or less as well as to rY electric utility service to such generating installations. If any other part of these tariffs shall be in conflict with this section. Section 340 shall govern with respect to small power production generating installations. By agreement, r the Cooperative and Producer may establish additional or different terms, 1 conditions, or rates for the sale or purchase of electricity. 340.1 Obtaining Interconnection. Any person owning or operating a qualifying power generating instal- lation (hereafter "Producer") and desiring to interconnect with the r Cooperative's system shall: A. Com 1 with Tariff. Apply for interconnection, provide an easement satisfactory to the Cooperative, and otherwise comply with the tariff of the Cooperative. B. Provide Information. At last 60 days in advance of interconnection Producer shall submit a plan showing the electrical design of the generating installation including equipment for interconnection with the Cooperative's system, Produce: shall also provide such additional information as say be required by the Cooperative. In the event Producer's plan involves the use of non-standard equipment or ! design techniques the Cooperative may cequirs such plan be approved by a registered professional engineer. Any review or acceptance of such plan by the Cooperative shall not impose any liability on the Cooperative and does not guarantee the adequacy of Producer's equipment to perform its intended function. The Cooperative disclaims any expertise or special knowledge relating to the design or perforsance of generating installations and does not warrant the i t DIINTON COUNTY UAMIC COOPIRATIVS, INC. ec ion he* No. Tariff 111 16 for Revision 8leetric Service a- SECTION TITLE: STAN SERVICE RULES AND REGULATIONS i Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED efficiency, cost-effectiveness, safety, durability or reliability , - ' Of generating installations. i C. Pay for Extension of Cooperative's Paclllties. Comply with conditions for extension of the Cooperative's distrib- I ution system as may be determined by the Cooperative in accordance J with the following extension policy: If an extension of Cooperative's distribution system I. required for sale or receipt of electric energy to or from a generating installation, whether or not in conjunction with another use, the r Cooperative shall exercise prudent judgment in determining the conditions under which such extension will be made. Each case shall be viewed individually considering (1) cost to provide service, (2) longevity of the load, (3) annual load factor. (41 possibility of other loads developing along the 3 proposed line ~ extension, (S) longevity, capacity, and dependability of power to be received by the Cooperative, (6) anticipated annual revenue, and (7) compatibility with planned system improvements. The Cooperative may require Producer to pay a contribution in aid- of-construction, advance for construction, or increased annual or monthly minimums and may require a contract term of up to five ` years. , D. Provide Liability Insurance. Furnish a certificate from Producer's Insurance carrier snowing satisfactory liability insurance including contractual liability insurance covering indemnity agreements which insures Producer N ~ 1 1 ~a r~ 4 ~ e~' ♦ AFK~ 1 r DR" CWN'lq ELECTRIC COOPUATIVS, INC. action Shgt No. 1 Tariff III 47 for eve- fa- oe Electric Service Page ' SECTION TITLE: PUT- STAMP SERVICE RULES AND P.EC3ULATIONS Part 2 - Electric Service F APPLICABLE TO ALL AREAS SERVED s 'f cd against 411 claims for property damage and for personal injury or N death arising out of, resulting from cc in any manner connected i with the installation, operation and maintenance of the Producer's generating equipment. The amount of such insurance coverage shall be at least $500,000.00 per occurrence. The certificate shall also provide that the insurance policy will not be changed or cancelled during its term without thirty (30) days written notice to the 7 Cooperative, r. E. Sign Contract. Sign and deliver to the Cooperative an Agreement for Inter- connection and Parallel Operation of a Cogeneration or Small Power Production Installation; 100 KW or Less, the form of which has been t approved by the Public Utility Coamisston and is contained in these tariffs. F. Complete Construction. Construct the power generating installation end install a disconnect switch and other protective equipment as may be required by the Cooperative to protect its personnel, facilities, and operations. i 0. Comply with Laws. Comply with applicable Federal, state, and local laws, ordinances and regulations applicable to power generating installations. H. Notify Cooperative, Notify the Cooperative in writing at least thirty 430) days in { N r ~ r ec 1011 heat No. DDf M COUNTY KAWTRIC COOPWTIVZ, INC. III 46 Tariff eviston -gage for i Electric Service 7 PUC SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED advance of energizing the small power generating installation and permit the Cooperative to inspect and tat protective equipment. 1. Eliminate Conditions Preventing Interconnection. in the event that it comes to the attention of the Cooperative that there are conditions preventing sate interconnection and proper parallel operation it shall notify Producer and Producer shall not interconnect and/or initiate parallel operation until such conditions are corrected and Producer ham provided at least ten 1 (10) days written notice to the Cooperative. r The foregoing are conditions precedent to any obligation of the Cooperative to interconnect or provide any form of electric utility service. 340.2 Parallel Operation. A. Installation. With the exception of only the Cooperative's meter(s), the Producer shall own and be solely responsible for all expense, installation, maintenance and operation of the power generating installation at and beyond the point where Producer's conductors contact Cooperative's conductors. The Producer's generating installation shall be designed and installed in accordance with applicable i codes, regulations and prudent engineering practice. 6, Self Protected Generating Installation. The Producer will furnish, install, operate and maintain in g^od order and repair all equipment necessary for the safe operation of the power generating installation in parallel with the `f r I 1 ~R x Section Reef No. , DENTON COUNTY ELECTRIC COOPERATIVE, INC. 111 49 Tat it f for Revision Dsq• Electric SetVIC@ C SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS 7 Part 2 - Electric Setvice 1 APPLrCABLE TO ALL AREAS SERVED 1 Cooperative's electric distribution system. The equipment will 1 have the capability to both establish and maintain synchronism with the Cooperative's system and to automatically disconnect and isolate the generating installation from the Cooperative's system ? I in the event of an outage of the Cooperative's system or a G. malfunction of the power generating installation, I I 6 The Producer's power generating installation will elso be designed, installed and maintained to be self-protected Ices normal and abnormal conditions in the Cooperative's electric distribution r system. The conditions for which the power generating installation s, shall be self-protected shall include, but not be limited to, overvoltage, undervoltage, overcurrent, frequency deviation, and faults. The self protection will be compatible with the Cooperative's system protection arrangements end operating policies. Specialised protective functions may be required by the 1 Cooperative when, in the sole judgment of the Cooperative, the par- N f titular gaaerating installation characteristics and/or distribution system characteristics so warrant. C. Quality o! _Service. Producer's generating installation will generate power at the { nominal voltage of the Cooperative's electric distribution system of the Producer's delivery point plus or sinus five percent 1W at the nominal system frequency of 60 hs plus or minus one-tenth (1/10) ho. Producer shall generate at a power factor that is as near one hundred percent (100%) as is practicable. In the event that the rower factor is less than ntaety percent (9014) lagging of lesding, the Producer will provide proper power factor correction i J i i 1 I r . DEW" COUNTY ELECTRIC COOPERATIVE, INC. Section Sheet No III 50 Tariff for Revision Page Electric Service PU SECTION TITLE: STAXP SERVICE RULES AND REGULATIONS Part 2 - Electric Service i APPLICABLE TO ALL AREAS SERVED t (within ten percent (10%) of unity) or reimburse the Cooperative f for the cost of any necessary correction. i The overall quality of the power provided by Producer including, but not limited to, the effects of harmonic distortion, voltage regulation, voltage flicker, switching surges and power factor, will be such that the Cooperative's electric distribution system is not adversely affected in any manner. In the event that adverse effects are caused in whole or in part by Producer's power generating installation, the Producer will correct the cause of such effects or reimburse the Cooperative for the cost of any required correction. D. Safety Disconnect. The Producer, or at the Producer's option, the Cooperative, shall provide and install, at the Producer's expense, a visible break disconnect switch. The disconnect switch will be located so as to be readily accessible to Cooperative personnel in a location acceptable to both the Producer and the Cooperative, It shall be r the type of switch which can be secured in an open position by a ( Cooperative padlock. The Cooperative shall have the right to lock the switch open whenever, in the Judgment of the Cooperative, Ili ) It is necessary to maintain safe electrical operating or main- tenance conditions, (2) the Producer's power generating Install- stion adversely affects the Cooperative's electric distribution system, or (3) there is a system esiergeney or other abnormal operating condition which warrants disconnection. i l N yes.. s aa+:.r~r, Section Sheet No. DEW" COUNTY ELEMIC COOPERATIVE, INC. III 51 Tariff for Revistcn Page Electric Service PVC SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED The Cooperative reserves the right to operate the disconnect for the protection of the Cooperative's systea even it it affects Producer's power generating installation. In the event the Cooperative opens and closes the disconnect switch it shall not be responsible for energisation or restoration of parallel operation , of the generating installation. The Cooperative will make reasonable efforts to notify the Producer in the event the i disconnect switch has been operated. The Producer Will Act bypass I the disconnect switch At any tiae for any reason. E. Access. `i Persons authorized by the Cooperstive will have the right to enter the Producer's property for the purpose of operating or inspecting the disconnect Switch or metering. Such entry onto the Producer's property may be without notice. If the Producer erects or maintains locked gates or other barriers, the Producer will furnish the Cooperative with convenient means to circumvent the barrier to access to the disconnect switch and aster(s). I i F. Modifications of Cooperative Ystea. In the event that it is necessary at the tine of initial I interconnection or at sou future time for the Cooperative to modify its electric distribution system in order to purchase :r continue to purchase Producer's output, the Producer will reimburse the Cooperative for all just and reasonable costa of moditicaticns which are allocable to the producer's small power generating 1 installation. The aoditicattons may include, but are not limited to, special interconnection equipment, protective devices, ctntc:l devices or upgrading of distribution system components. ,I rv II r 1 S Section Sheet 40. " DENTON COUNTY EWCCMIC COOPERATIVE, INC. III 52 Tariff Re for vision Pegs Electric Service PVC SECTION TITLE: SThKP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED j 0. Liability for Inlury and Damages. N Producer assumes full responsibility for electric energy furnished to his at and past the point of interconnection and will indemnify the Cooperative against and hold the Cooperative harmless from all CC claims, for both injuries to persons, including death resulting I therefrom, and damages to property occurring upon the premises owned or operated by Producer arising from electric power and energy delivered by Coararstive or in any way arising directly at indirectly from Producer's generating installation except (i) when E the negligence of Cooperative or its agent or agents was the sole proximate cause of injuries, including death therefrom, to Producer or to employees of Producer or in the case of a residential Custoaer/Producer, to all members of the household; and (ill as to all other injuries and damages, to the extent that injuries or I damages are proximately caused by or result in whole or in part { i from (a) any negligence of Cooperative or its agent(s) independent of and unrelated to the maintenance of Cooperative's facilities or any condition on Producer's premises or (b) the breach by Cooperative of any provision of any contract regarding purchase { and/or sale of electrical energy or service between Cooperative and 1 Producer. The Cooperative shall not be liable for either direct or consequential damages resulting from failures, interruptions, at voltage and wave fors fluctuations occasioned by causes reasonable beyond the control of the Cooperative, including, but not limited to, acts of God or public enemy, sabotage and/or vandalism, I accidents, fire, explosion, labor troubles, strikes, order of any court or judge granted in any bona fide adverse legal proceeding at i 1 1 i c DENTON COlnrry EL6CTItIC COOPRATIVC, INC, ectlon Sheet No. Tarlft III 51 A for Electric Service Revision Page 1 SECTION TITLE: STAPVC MP SERVICE RULES AND RMLATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED action, or any order of May Commission, tribunal or governmental authority having jurisdiction. i i For claims resulting from failures, interruptions, or voltage and wave tors fluctuations occasioned in whole or in part by the ~ negligence of the Cooperative or its agent(s), the Cooperative shall be liable only for that portion of the damages arising from personal injury, death of persons, or costs of necessary repairs to or reasonable replacement of electrical equipment proximately caused by the negligent acts of the Cooperative or its agent(s). The Cooperative shall not be liable in any event for consequential damages, H. Motoring. If the output of the Producer's cenersting installation Is to be purchased by the Cooperative, it will be measured by meters as required for the metering option chosen by the Producer. Any necessary ceteris) or meter modification in addition to one standard service motor will be installed, maintained and operated by the Cooperative at the Producer's expense. A connection will be provided for the meter(s) at the Producer's expense in a location that is acceptable to both the Cooperative and the Producer. The Cooperative may, at its own expense, supply, install and maintain toad research metering for the purpose of monitoring and evaluating i the Producer's generating installation. The metered output of Producer's generating installation will to read by the Producer and, at the election of the Cooperative, i 1 ~I r S. 4. u DENTON COUNTY ELECTRIC COOPERATIVE, INC. Section Sheet No. Tariff III for Rev i pa Electric Service s ion page SECTION TITLE: PU STAMP SERVICE RULES AND RMMULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED accumulated or monthly readings may be checked at least monthly by representatives of the Cooperative. The meter(s) will, by Comparison with accurate standards, be tested f and calibrated as often as necessary, The Producer or the t Cooperative may reasonably request such tests, and shall be given ! } notice of not less then five (S) working days when such tests are to be made. Both the Producer and the Cooperative will have the i4 right to be present at such tests. If a meter is found to be ! inaccurate, it shall be restored to an accurate condition or replaced. If the tests disclose that no unacceptable inaccuracies z exist in the mater(s), then the party requesting the tests shall bear the expense of the tests. A report of the results of any tests shall be furnished promptly by the party making such tests to { the other party. Any meter(s) registering a deviation of not more a than two percent (2♦) from normal shall be domed accurate. The readings of any motor(s) which have been inaccurate shall be corrected according to the percentage of inaccuracy as determined by the tests for a period of no more than ninety (90) days prior to j the tests. If any meter falls to register for any period, the facility output during such period shall be estimated in the best manner possible as agreod upon by the Cooperative and the Producer. I. Additional Meterlna Lion, Producers using renewable resources with an aggrogate design capacity of SO kilowatts or less shall be offered the option of interconnecting through a single motor that runs forward and backward. N w. e ' Section Sheet No. DENTON couNTy Ri,gmiC COOPERATIVE, INC. III SS Tariff Revision for Electric Service PUC SECTION TITLE; STAMP SER'JICE RULES AND REGULATIONS Part 2 - Electric Service i APPLICABLE TO ALL AREAS SERVED N J. Notice of Change in Installation. Producer will notify the Cooperative in writing fifteen )1S) days in advance of making any change affecting the characteristics, 6 performance, or protection of the generating installation. It it cows to the Cooperative's attention that the modification will create or has created conditions which say be unsafe or adversely ! ' affect the Cooperative's system then it shall notify Producer and Producer shell immediately correct such condition. i X. Insurance. E ' Producer shall continue to maintain insurance as required by the € Cooperative prior to interconnection and shall provide proof of r such insurance to the Cooperative at least annually. t 340.3 Sales to Producer. Producer's rate class shall be designated by the Cooperative in accordance with the availability and type of service provisions to its s rate schedules tot all service including Backup, Supplementary, Inter- ruptible, and Maintenance. l i 340,4 Purchases Eros Producer, A. Rate. I The Cooperative will pay Producer tot all paws purchased at the II following rates: (1) Capacity - No payment unless: (a) Producers provides firs power by contract: or 1 1 r 1 ee t No. DO" COUNTY E3,LK'!'RIC COOPl0111TIVL, INC. Section Sh III 56 Tariff for av~ %onon Page Electric Service PVC I SECTION TITLE; STAMP ` SERVICE RULES AND REGULATIONS I` Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED (b) An aggregate capacity value provided by disbursed generating installations can be reasonably estimated and there is an avoided capacity cost. ' i (2) Energy - The metered KWH output from the Producer will be purchased at the Cooperative's total energy and fuel cost i divided by the total KWha purchased as calculated from the most recent wholesale power bill. In the event that the Producer exorcisms the option to sell power to the Cooperative, there will be, in addition to the minimum monthly bill requirements under the applicable service rate schedule(s), a customer service charge of $11.00 per month for metering and billing. 8. Refusal to Purchase! 9 f, The Cooperative may, at certain times and a operating conditions warrant, reasonably refuse to accept part or all of the output of the Producer's facility, Such refusal shall be based on system emergency constraints, special operating requirements, adverse effects of the Producer's facility on the Cooperative's system or violation by the Producer of the terms of the Agreement !:r Interconnection and Parallel Operation of Cogeneration and Small 1 Power Installations; 100 KM or Less, 340.3 Definitions! A. Power Generating Installation, Generating Installation shall Omar a r small power production or cogeneration facility which is a "qualifying facility" under Subpart B of the Federal Energy , Regulatory Commission's Regulations under Section 201 of the Putli: N I" ~ "rl I w 1 „rtxn, ~ ec San hest No, ~ I DV? M COUNTY ELECTRIC COOPERATIVE, INC. III 57 ` Tariff ` for evision Page Electric Service PUC SECTION TITLE: STAKP SERVICE RULES AND REGULATIONS Part 2 - Electric Service APPLICABLE TO ALL AREAS SERVED N Utility Regulatory Policies Act of 1918 including say generator, and associated egaipment, wiring, protective devices, or switches owned or operated by Producer, S. Producer means any person, firm, corporation, partnership, or other: entity owning or operating a power generating installation. 1 i i i Y\\ J^ r e r rCAtlr Section Shtet No OENi'ON COVNTy U.WmIC COOPERATIVE, INC. III 56 Tat if for Revision Page fo Electric Service PVC STAMP t SECTION TITLE: SERVICE RULES AND REGULATIONS Part 3 - Disconnection of service APPLICABLE TO ALL AREAS SERVED AI kV 350. Customer Initiated Discontinuance Of Service. j i 350.1 Customer's Request. Any Customer desiring to discontinue electric utility service from the f C'J Cooperative shall sake a written request identifying the Customer, the service location where discontinuance is desired, and the data service is requested to be discontinued. Such request shall be filed at any I` office of the Cooperative. I j 350.7 Dfsconnection+ Following receipt of Customer's request for discontinuance of service the Cooperative shall disconnect service. Where practicable disconnection is made on the data requested by the Customer, however, the Cooperative shall not be obligated to make disconnection earlier than the second full business day following receipt of Customer's r request. { 351. Cooperative Initiated Discontinuance. E 351.1 Reasons for Discontinuance. The Cooperative say discontinue service to a Customer under any of the following circumstances. j I A. Nonpayment of a bill. If the Customer fails or refuses to pay a delinquent account for , electric service (whether or not based upon estimated bRlling). or DENTON COWN ELECTRIC COOPERATIVE, INC. Section Sheet No. I Tariff 111 59 ElectricrService Revision page SECTION TITLE: PVC STAMP SERVICE RULES AND RDCULATIONS Pert I - Disconnection of Service APPLICABLE TO ALL AREAS SERVED r S. Breach. If Customer tails or refuses to perform any obligation under the terms of the Agreement for Electric Service or s deferred payment { agc Bement . t ♦ cc C. Interference with Service. If Customer violates any rule pertaining to the us* of electric service in a aannec which tnterferes with or is likely to cause interference with electric service to other Customers or operates nonstandard equipment, provided that the Cooperative has made a reasonable effort to notify the Customer and provided there has been a reasonable opportunity to remedy the situation. or D. Failure to Make Applies ion for S*zvlco. If Customer fails or refuses to make application for service in accordance with these rules in Custogr's legal name. or t~ E. Rofusal of Access, _ i It Customer tails or retuaes to provide the Cooperative cessonable access to its facilities located on Customer's premises, or F. Default on Ouarsni A reement. If a Customer has signed a written Guaranty Agreement for another Customer or applicant and fells or refuses to pay the amount due on the guaranteed account when requested to do to by the Cooperative. or 0. Backbi_ llino, It Customer fails or refuses to pay when due any billing authorized by these rules resulting from previous undecbllling (whether caused N' t i DENT'ON COUNTY ELECTRIC COOPERATIVE, INC. Section Shut No. ' Tariff III 60 for Reviston Page Electric Service PVC SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS Part I - Disconnection of Service APPLICABLE TO ALL AREAS SERVED by meter inaccuracy, failure to register, misapplication of rates or otherwise). Correction of billings for meter inaccuracy shall be made for the period of six (6) months immediately preceding removal of the inaccurate meter from service for testing or from r the time the meter was in service sine* last tested, but not exceeding six (6) months. f l or H. Hazardous Condition. f I When a hazardous condition exists in Customer's installation cc equipment. or t 1. Meter Tampering. If Cooperative's meter which serves Customer has been tampered with or bypassed, the Cooperative may discontinue service. For purposes of this section, meter tampering, bypass, or diversion shall be defined as tampering with an electric motor or equipment, bypassing the same, or other instances of diversion, such as physically disorienting the meter, objects attached to the meter to divert i service or to bypass, insertion of objects into the meter, and other electrical and mechanical means of tampering with bypassing, or diverting electrical service or there has been a theft of electric service {Section 11.04 of the Penal Code of the State of Texas) or criminal mischief for having damaged or tampered with the Cooperative's property (Section 2$.01 of the Penal Code of the J State of Texas). . The Cooperative may charge for all labor, material and equipment 1 necessary to repair or replace all equipment damaged due to meter tampering or bypassing or other service diversion, and other costs I-gaction Sheet No. DWVN COUN'1'y E,EC'I'RIC COOPERATIVE, INC. 111 61 r Tariff j for av aion a~ gi Electric Service SECTION TITLE. STAMP SERVICE RULES AND REGULATIONS Part 3 - Diseonnection of Service APPLICABLE TO ALL AREAS SERVED necessary to correct service diversion where there is no equipment damage, including incidents where service is reconnected without authority. An itemized bill of such Charges must be provided to the Customer. The Cooperative may also estimate and bill the Customer for electric service over the entire period of meter tampering, meter bypassing or service diversion, 351.2 Notice of Disconnection. A, Proper NOt1Ce Prior to DiseonneetiOn for NonO*yg*nt- If a customer fails or refuses to pay the Cooperative in accordance with the provisions of the Agreement for Electric Service, service rules, applicable rate schedule, deferred payment agreement, or guaranty agreement, than proper notice shall be given prior to disconnection. Proper notice shall consist of a separate mailing or hand delivery at lust tan (10) days prior to a stated date of I r disconnection, with the words "termination notice" or similar language peostnently displayed on the notice. The information y included in the notice shall be provided in English and Spanish as necessary to adequately inform the Customer, If sailed, the :it- off day may not fall on a holiday or weekend, but shall fall on :ne next working day after the tenth day. Payment at a utilit','s authorised payment agency is considered payment to the utilir;, The Cooperative shall not issue late notices or disconnect nets:es to the Customer earlier than the first day the bill bec:ees delinquent so that a reasonable length of time is allowed ascertain receipt of payment by mail or at the utility's auther::ed 1 payment agency. N ~1 r eetion neat o. r, ItIC Coop{RATIVE, INC. III 62 wy, Raw COUM EXAM D Tariff ev slon a for Electric service STAMP ~ SECTID~: SERVICE RULES AND RPfULATIOMS Part 3 - Disconnection Of Service APPLICABLE To ALG AIEAS SERVED ` s, DtsconnecttOn without Notice. N ring customer y be disconnected notice to Electric service may exists of it a hasardous condition I. bypassing. k f POWs. C. Disconnection After Reesonab, dteeonneeted for violation of seevice fl) Electric service may rules peetsiniag to the use of service to ar~tlonrofwnon- interferes wtth the service of others °ittaecusonebl• attempt standard equipment (section 34],1fCi1~ rov_ has been made to notify the cust°mar end the Customer tded with s reasonable opportunity to remedy be disconnected for failure to make f21 Electric service may refusal of access application for service (sections ya,bill to correct prevt"s (Section Is'.I E1): failure to pay default on guarantee 1i011% ng (Section 3s1, i underblllt or hand agreement (sectton 331,1frt)1: if reasonable notice is given. of f3f Reasonable notice shall eonsl~ay't separate mailing date trot to a staled deltvery At least ten seonneetton with the words "Onr~h.abotlOaottee" of similar dllanguage prominently displayed Post or^r et Disconnection--Media 351.3 dwelling unit CustoThe Coaoet pec peattve will not iding inn; individually dsoterednt elling u a rmanently establishes fervic a will when that Custoaet ng t that that residence diacantinuar1ee of becoming seriously ill result in some person residing Each time a customer ' ill it service is dl•eontinued. or 9090 seriously seeks to avoid termination of secvtee under this cute. the Customer must ection at No, DENTON COUNTY ELECTRIC COCPERATIVII, INC. 111 63 Tariff for evision - a- electric Service ~ c SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS part 3 - Disconneetion of Service APPLICABLE TO ALL AREAS SERVED have the attending physician call or contact the Cooperative within 16 days of issuance of the bill. A written statement must be received by 1 • the Cooperative from the physician or health care provider within twenty-six (26) days of the issuance of the Cooperative's bill, The I , prohibition against discontinuance of service provided by this rule i shall last sixty-three (63) days frog the Usuance of the Cooperative's j ~ bill or such laser period as may be agreed upon by the Cooperative and the Customer. The Customer who makes such request shall enter into a deferred payment plan. 361.1 Effect of Discontinuance of Service. A. Customer's Obligations. i Oiscontinuance of service shall not relieve Customer from any !f obligation to the Cooperative or lessen or change any obligation in I any manner. f S. Cooperative's Rights. Discontinuance of service she'l not reduce, diminish, or eliminate any legal right or remedy accruing to the Cooperative on or before the date of discontinuance, nor shall discontinuance operate as a waiver of any legal right or remedy. Failure of Cooperative to discontinue electric service at any time after default or breach of this tariff, or to resort to any legal remedy or its exercise of any one or more of such remedies does not j affect the Cooperative's right to resort thereafter to any one or more of such remedies for the same or any default or breach by Customer. N I~ i Ji 1 1 c~ r Section -IEI*t No. DRR'ON COUNTY UJCIRIC C00POATIV31 INC. III 61 Tariff evili0n Page for Electric Service SECTION TITLE; STAMP SERVICE RULES AND RMULATIONS Part 3 - Disconnection of Service APPLICABLE TO ALL AREAS SERVED 3 351.5 Dismantling Of Cooperative Facilities' The Cooperative may, upon discontinuance of electric service to Customer, dismantle,and remove all lines, equipment, apparatus, or other facilities which the Cooperative may hays installed to provide electric service to Customer. Alternatively, the Cooperative may abandon in place in whole or in part its underground lines and equipment in lieu of removing ouch facilities. 1!` 351.6 Liability for Discontinuance of Service, !!a The Cooperative shall not be liable for any damages of any kind or character resulting from discontinuance or disconnection made pursuant to these rules. 351.1 Refund of Membership Fet. within a reasonable time after discontinuance of service (norruilly 30 days) the Cooperative shall sake reasonable efforts to refund Customer's membership tee by mail to the lest known address of the Customer it Customer is no longer required to maintain s membership. S 351.9 Refund of Deposit. After disconnection of service, it service is not reconnected, the Cooperative v%all refund the Customer's deposit, plus accrued ,rr r it on the balance, it any, in excess of unpaid bills for services furnished. ''tt N ~ c +I q i I action Sheet No FDM" COUNm zLwmiC CaDP303ATIVE, 65 Tariff eviston tot Electric servce STAMP TLE: SEIIVICE RULES AND REOULATfONS Part / - Definitions APPLICABLE TO ALL AREAS SERVED 8lactrtc arms, 170, Oatinitions• The following Inittona when used in this Tariff for I Service, have the following der Service. 370.1 A9teem_ e~ nr Uo- AS-t-1i A written contract between Cooperatty• G. and Customer under which Cooperative provides electric service. 370.2 Codes. Codes governing electrical installations, 4 i 370.3 Commission, The Public Utility Commission of Texas. tl in , At the option of the tai ! B I 170,1 Cond dots Consider Cooperstive, conductors may be considered outside of a building or other { structure under any of the following conditions: (1) where installed under not less than two inches of concrete beneath a building or other structure, or (2) where installed within a building or other structure in a raceway that is enclosed concrete of brick not less than two inches 4 I thick. ical 370.5 Conned i4. The combined electr reauicepnt ;l.e., the sum r the capacities and/or ratings} of all aolocs and other electric power consuming devices installed on the CustOmet'a premises- A cash payment by Customer to 370.6 Conttibuti n in Aid of Constfuct~4lr. J Cooperative to order to prevent burdening other Customers through Capital expenditures by Cooperative, 1 370.7 Co t v ' Denton County Electric Coopstattw, Inc„ its successors 4 J i' and assigns. J i I ,..I r a ya. v. 10LC77tIC COOPIOtATIVN, INC. action Tariff met No, for III 66 Electric service wim 10 zgo SECTION TITLE: C SERVICE RULES ANC) R STAND aRlLATI ONS Part e - Definitions APPLICABLE TO ALL AREAS SERVZD 170,8 Customer. An individual, pattnershf corporation, trust, p association, joint venture, j governmental agency or other entity who is G: receiving, who is an applleant for, or who is rsceiving the benslit of electric service at a specified point of del/very, 370.9 Custoser's Elscttlcal Load. other elect rteity-consuming devi Powe Cvatosert of all motors and operated almullaneously from electric promises which are Cooper ativs. aetviee provided by the 370.10 Custoaerrs Electrical Installation. spparatuS of an All conductors, equipment, or except CoopsrativekSn motoring tequipment, used by point of delivery, electric service, Y Customer in taking 370.11 Demand, The rats at which electric averaged over any designated periodofotim is used at any !natant or 370.12 t7eeand rv~• The specified interval of ties on which a demand maaaureaent is based, The Coopstative's demand interval is normally !S minutes. 370,13 Distribution S stem, C°opotattvO'a primary and secondary v1;:63e conductors, tranlfOraeta, switchgest, connection oncloautes, t pedestals, services, and other a socisted W service. utpmont used to provide ♦]eet:~: 370.14 =EUL Owslllno unfe U~ • A roan or tooea Suitable for occupancy as a resider,:e containing kitchen and bathroom. w -t p A~SbM COUNT ELECTRIC C00PIRATIVE, INC. Oct Lon Sheet No. Tariff for fit 67 Electric Service ev~ Page -Tllon SECTION TITLE; STAMP SERVICE RULES AND AMLATIONS Part e - Definitions il APPLICABLE TO ALL AREAS SERVED 1 370.15 Electric Service. Electric power and energy produced, transmitted and distributed, and provided or made available b + y Cooperative at the point of delivery. 11 370.16 Enertime gy. The measure of how much electric Power Is P:ovided eve I for doing work, The electrical unit is the watt-hour, of k! owattrhour. 370.17 InsCection Authoclty. Generally, an incorporated city or town, bt,t may be an agency Of the county, state or federal government, 370.10 Kilowatt. 1,000 watts; abbreviated "Kk,■ 310.19 Kilowatt-Hour. 1,000 watt-hours; abbreviated "Kirh , " 370.20 Load actor. The ratio, usually stated am a percentage, used during a designated time ioof act { um. kilowatts of demand times the number of hours occurring in xithe i designated time period. The designated tine period is the number of hours in a month or the number of hours in a year. I 370.21 t~ximum Eleclefcal oad. The maxiaua + other electricity consualng devices onC uto•er'nsre of all motors and Dcemues which are operated or expected to be operated simultaneously from electric service provided by Cooperative at one point of delivery, measured in kilowatts. 370.22 Meter, A device, or devices, together with an r any squired auxiliary I equipment, for measuring electric service. N 1 q 4 i action Sheet No. DENT% COUMY ZJCPRIC COOPSRATIVR, INC. III 66 Tariff for rfie on Page Electric Service PUC SECTION TITLE: STAMP SERVICE PULES AND REGULATIONS Part 4 - Definitions APPLICABLE TO ALL AREAS SERVED 370.23 Permanent Electric Service. Electric service provided to Customer for a period of time in excess of a year and not used for short-term, 9 temporary or seasonal periods of leas than twelve months except that I construction power is not considered to be permanent electric service even though provided for a continuous period of time in excess of twelve months. f 370.24 Pertinent Installation. Any installation that is: A. Constructed on at permanently affixed to a concrete slab or concrete plots (not blocks) and which is actually used or cccupied on a permanent full-time basis; or 9. Any other structure which meets all of the following criteria: (1) The structure which must be impractical to move. Mobile homes with wheals, trailer hitch, and axle removed are considered impractical to move; (2) The structure must be actually used or occupied on a permanent full-time basis; (3) The structure must be located on property owned by the I Customer or leased by the Customer; (4) The structure must be permanently connected to a water system and must also be permanently connected to a sewer or septic system. 370.25 Person. Any individual, partnership, association, Joint venture, corporation, trust, or governmental entity. 370.26 Point of Delivery. The point where Cooperative's conductors are connected to Customer's conductors. ,r ~f y1 I { I a ; Section heft 140 DBN GN COWN Eb11CTRIC COOPQATIV19, INC. 111 69 Tariff for w slon magi Electric Service PUC SECTION TITLE: STAMP SERVICE RULES AND REGULATIONS I Part 1 - Definitions APPLICABLE To ALL AREAS SERVED 370.27 Power. The tot* at which electric energy le provided for doing work. The electrical unit of power is the watt, or kilowatt d 370.28 Power Factor. The ratio of real power, in kilowatts, to apparent power, in kilovoltemperes, for any given load and time, generally expressed as~ a percentage ratio. 370.29 Raceway. Tubular or rectangular channel or conduit for containing electrical conductors, which may be exposed, buried beneath the surface of the earth, or encased in a building or structure. 310.30 Rate Schedule. A statement of the method of determining charges for electric service, including the conditions under which such method applies, 1 370.31 Service Availability Statement. A statement from the Cooperative designating the acceptable location of the Customer's service entrance F conductors, the proper location of motors and metering equipment, the ! type of service available which will be made available at the specific location under consideration at the capacity of the service to be j i 1 provided. 370.32 Service Droo. Overhead conductors that extend from Cooperative's overhead distribution system to the point of delivery where connection is made to Customer's electrical installation. I . " 370.33 Service Entrance Conductors. Conductors provided by Customer extending J from Customer's electrical equipment to the point of delivery where connection is made. N J I i YJ Rpm Dow r I t ec ton heel No. DINTOM COUMfy VAMIC COOPMTIVI, INC. III 70 Titi[! - for a s Ton `Payi Electric Service PVC SECTION TITLE. STAMP SERVICE RULES AND REGULATIONS Part 4 - Definitions APPLICABLE TO ALL AREAS SERVED 370.34 Service Rules and Regulations; or Service Rules. Any service rule or regulation of the Cooperative approved by the Public Utility Comaission of Texas and contained in Section III of these tariffs. 370.35 Tariff(s). All provisions of this document including but not limited to I provisions regarding (t) Utility Operations; (3) Rates and Charges; (3) Service Rula and Regulations; and (4) Forms. 370.36 Temporary Electric Service. Electric service provided to Customer for a single, continuous period of time which is less that twelve consecutive 1 months except that construction power, even though provided tot a yyy7 continuous period of time in excess of twelve months, is considered to be temporary electric service. 370.37 Watt. The rate at which electric power is provided to do work. One watt is the power represented by a current having a component of one ampere in phase with and under a pressure of one volt. 370.30 Watt-Hour. A unit of work or energy equivalent to the power of one watt operating for an hour. I r i 1 J „ Section hoot No. D10" COUNTY ELE.'11EIC COOPERATIVS, INC. .T,1 A Tariff 1V 1 ► for ev sion -31go I Electric Service PUC ~ SECTION TITLE: STAMP FORMS I APPLICABLE TO ALL AREAS SERVED DENTON COUN'T'Y ELZC'TRIC COOPERATIVE, INC. AGREEMlINT MR ELEMIC SERVICE r The undersigned (the MCustomerR) hereby makes application and sprees to purchase electric service from DENTON COUNTY ELECTRIC COOPERATIVIi, INC. (the "Cooperative") upon J the following terms and conditions: II 1. Service. Cooperative agrees to use reasonable diligence to provide electric utility service to a point of delivery at Customer's service location, The electric service contrscted for herein is to be provided and taken In accordance with the i provisions of this Agreement and Cooperative's tariff, SAID TARIFF, INCLUDING SERVICE RULES AND REGULATIONS, IS A PART Of THIS AGREIINDM TO THE SANE E)MW AS IF FULLY SET OUT HEREIN AND IS ON PILE AND AVAILABLE AT THE COOPERATIVE'S OFFICES IN DENTON, TEXAS. s Any tariff provision (including rates) may be changed by order or consent of any regulatory authority having jurisdiction thereof whether or not at the request of the Cooperative. The Cooperative's LIABILITY is LIMITED as provided in its tariff. m Customer agrees to purchase and pay for electric service in 2. Payment. accordance with Cooperative's tariff. Periodically, Cooperative will tender to Customer ` a statement of services rendered. Customer agrees to pay the total amount shown on such statement within sixteen (16) days from its date. Payment shall be "de to Cooperative at its office in Denton County, Texas. 3. Term. This Agreement for Electric Service shall continue in fares for an i initial term of years from the data service is made available by the Cooperative to the Customer. After the initial term, this agreement may be terminated by either party giving notice. 4. Breach. Upon failure to make payment or perform any obligation under this Agreement the Cooperative shall have the right to discontinue service as well as :ther remedies that muy be available by law, S. Customer's Install tton/Safety. Customer warrants that his or her installation (including all conductors, switches, equipment, wiring, and protective devices of any kind) is constructed and will be maintained In accordance with the National Eloctri:al Safety Code of the American Standards Association so well as applicable laws or ordinances. Customer understands that electricity conducted through the Cooperative's ! facilities say be dangerous and agrees that Customer shall not permit any person on Customer's premises to contact or come In close proximity to Cooperative's facilities C. i i i 1 I` ~1 5 section Bet !40. DjEaW Cot1MTY UjcT2IC COOPERATIVE, INC. Teri!! IV 2 for a-FTfon --To-g@ Electric Service PUC SECTION TITLE: STAMP FORMS APPLICABLE W ALL AREAS SERVED 6. Entire Agreement. This Agreement constitutes the entire agreement between the C parties and supersedes all prior agreements between Customer and Cooperative for the service herein described. Customer agrees the Cooperative, its agents and employees, s have made no representations, promises, or any inducements, written or verbal, which are { not contained herein. j( 7. Amortisation of Line Extension Coat. In addition to the minimum charge stated in the applicable rate schedule, Customer agrees to pay per month during the initial term of this Agreement to amortise line extension costs. 8. Aid to Construction. Customer shall make a non-refundable contribution in aid of construction in the amount of $ DENTON COUNTY ELECTRIC CUSTOM : COOPERATIVE, INC. By; By; Manager or Authorised Employes Property Owner Date: By; Tenant r I 4 i 14 1 action Sheet 86. ORfM COUWrY RLRCMIC COOMATrn, INC. IV I Tariff for Revision -magi Electric Service PUC SECTION TITLE: STAMP i FORMS APPLICABLE TO ALL AREAS SBAVED KXCTRIC U'T'ILITY EASRMDFt ~ .r AND COCVNWIT OF ACCESS a STATE OF T (AS S S KNOW ALL MEN SY THESE PRRSDM: COUNTY OF S That the undersigned, hereinafter called "Grantor" (whether one or &of*) tot good and valuable consideration including the approval and execution of an Agreement for Electric Service by DCNTOH COUNTY RIAMIC COOPRRATIVR, 114C. (hereinafter called the "Cooperattve"), does hereby covenant access to and grant, sell, and convey unto the Cooperative an easement and right-of-way upon and across the following described property of grantor: 1 t The right-of-way, easement, rights and privileges herein granted shall be used for the purpose of providing electric utility service (overhead or underground) including placing, constructing, operating, repairing, inspecting, rebuilding, replacing, rrnovin,, relocating, electric lines, distribution facilities or equipment, as well as reading any meter or performing any act related to the provision of utility service, The Cooperative is specifically granted pedsstrian and vehicular ingress and egress. i ec ion Sheet No DENTON COUNTY ELEC"IC CooPUATIn, INC. IV 1 Tariff for evil on ~agT Electrie service PUC SECTION TITLE: STMP FORMS 3 APPLICABLE TO ALL AREAS SERVED N The width of the @element shall be feet, one-half (112) of such distance on either side of Cooperative's lines, poles, or other facilities. The height of the easement shall be from fifteen (19) feet beneath the surfece of the ground to a height of _ feet above the ground. The easement, right, and privilege herein granted shall be perpetual, unless abandoned or the easement is not used for s period of 10 years, appurtenant to the land, } and shall tnure to the benefit of the Cooperative's successors and assigns, Grantor represents that he is the owner of the above-described tract of land and binds himself, his heirs, assigns, and legal representativss to warrant and forever defend the easement and rights described herein to the Cooperative, its successors and assigns. The Cooperative shall have the right to use so much of the surface of the hersinbefore described property of Grantor as say be reasonably necessary to construct and install within the right-of-way granted hereby the facilities that may at any time be necessary for the purposes herein specified, The Cooperative shall have, the right to clear the right-of-wry of all obstructions. to cut and trim trees within the, right-of-way or chemically treat trees or shrubbery with herbicides, Reasonable Notice, shall be given in advance of the use of herbicides and Grantor may remove vegetation prior to treatment with herbicides, if desitod. Grantor further covenants that Grantor, his heirs, successors and assigns shall facilitate and assist Cooperative personnel in exercising their rights and privileges herein described at all reasonable times and shall not build, construct or cause, to be erected any building or other structure that may Interfere with the, provision of electric service or the exercise of the, rights granted to the Cooperative heroin. WITNESS HAND thia day of A, 0., ig_,_. i i 1 A r a 1 DENTON COUNTY LiLNMIC CGOMATrw, INC. ec lon so No. Tariff IV S EteetrforSecvlc• a°~ ist SECTION TITLE: PVC STAMP j FORMS A f PPLICADL6 TO ALL AREAS SERVED ITHE STATE OF TEXAS s N C,-.. COUNTY OF S BEFORE ME, the undersigned authority, on this day personally appeared e known foregoing instrument, and acknow ed4edmto t ae that the h Person whose thnor.# is e same for the me to the t and consideration therein expressed purposes GIVEN UNDEE NY HAND AND SEAL, OF OFFICE this day of l9 t Notary Public in and tot the State of Texas iptinted or Stamped Name of Notary) Hy Commission Expires; j I i I j { i r o ~E i ec Lon Sh "t No. DINTON COUM'Y ELECTRIC COOPERATIVE, INC. IV 6 Tariff for ev a on Page - to Electric Service PUC SECTION TITLE: STAND APPLICABLE TO ALL ARRAS SERVED DEN`" COUNTY ELECTRIC COOPERATIVE, INC. Denton, Texas o~sD PA~A4tlT AoRmm+t I , to the undo n igned, promise to pay to the order of DENTON COUNTY ELECTRIC) COOPERATIVE. INC. Texas, ! Dollars monthly on my outstanding, bill of S Dollars. Each installment shall be paid on or before the 15th day of! each south with the fuss installment of Dollars due on and the final installment of ! Dollars due on . Service will not be discontinued for non-payment of previous billing if Customer bills shall] stipulated above, or ifail retito pay in the foregoing allncurreenst. and future electric payments constitute grounds tot disconnection of electric service without further negotiation. IF YOU ARE NOT SATISFIED WITH THIS CONTRACT, OR IF AGREEMENT WAS MADE BY TELEPHONE AND YOU FM THIS CONTRACT DOES NOT REFLECT YOUR UNORRSTANDINO OF THAT AGREEM M, CONTACT THE COOPERATIVE IMMEDIATELY AND DO NOT SIGN THIS CONTRACT. IF YOU DO NOT CONTACT THE COOPERATIVE, OR IF YOU SIGH THIS ACRMJNT, YOU GIVE UP YOUR Rim" TD DISPU'T'E THE AMOUNT DUE UNDER THE AGREEU RT, EXCEPT FOR THE COOPERATMIS FAILURE OR f REFUSAL TO COMPLY WITH THS TEAM OF THIS AGREaiRNT. Signed: i i Date; AA i 1 y awcvp~ 1 , r DENTCN COUNTY ELIDMIC COOPERATIVE, INC. Sect Ton ee No. Tariff IV 7 for evis-to Psge Electric Service SECTION TITLE: PUC STAMP FORTIS ' APPLICABLE TO ALL AREAS SERVED CONTRACT OF GUARANTY D04M COUNTY ELECTRIC COOPERATIVE, INC. WHEREAS Denton County Electric Cooperative, Inc., a Texas Corporation, hereinafter called "Cooperative," as a condition to furnishing residing at hereinafter called "Applicant," electric service at has requested Applicant to establish credit by making a cash deposit with said cooperative to secure payment for eleettle service, or in lieu of such a deposit to furnish a satisfactory guaranty of payment for electric service; and whereas , the undersigned Guarantor residing at S in consideration of the Cooperative furniahing the Applicant 1 electric facilities and service without requiring such a deposit at this time, hereby r f guarantees to the Cooperative the payment by the Applicant of all charges for facilities and service of all k 's whatsoever, for which the Applicant may be liable under applicable tariff provi..ons, rules and regulations of the Cooperative by reason of his having contracted for electric service at hereinabove stated. Now therefore., i The undersigned Guarantor covenants and agrees that, if Applicant at any time shall } all or refuse to pay when due all charges for electric facilities and service, the undersigned Guarantor will upon demand of the Cooperative, pay all such charges. In the event Guarantor defaults in making payment, Guarantor agrees that the amount due from Applicant may be transferred to any account Guarantor has with the Cooperative, and i guarantor understands and agrees that Guarantor's eleettic service is subject to termination if all charges, including the charges due from Applicant which have been transferred to Guarantor's account, are not promptly paid when due. The undersigned Guarantor hereby waives right to notice of acceptance of this guaranty and further waives right to notice of default in payment by said Applicant and i consents that time of payment may be extended by the Cooperative without notice thateof. It suit is brought to enforce Guarantor's obligation herein assumed, Guarantor shall pay all court costs and reasonable attorney fees thereby incurred by the Cooperative. This guaranty shall remain in full force and effect until 10 days after receipt by '.ne Cooperative of Guarantor's written notice to terminate; provided, however, tlat Uuarantor's liability hereunder shall remain in effect that after with respect to any aid all obltgations for electric service inc"'tred by Applicant at any time prior t, said termination data. This guaranty shall not be affected by the removal of service from the address stated to a different address not by any change in the class of service contracted for or any extension of payment. i The undersigned Guarantor's liabilit under this dollars, Y guaranty shall not exceed' 1 1 J w .7 ~4 r k DZMT% COUNTY ELECTRIC COOPMATIVS, INC. Section Sheet 43 ' Tariff IV A for av~' fatoa page Electric Service 1 SECTION TITLE: PVC STAMP FORMS s APPLICABLE TO ALL AREAS SERVED r. ~ Signed and realed this day of 19 C'. Guarantor Guarantor THE STATE OF TEXAS S COUNTY OF S BEFORE ME, the undersigned authority, on this day personally appeared and known to as to be the persona whose names arm subscribed to the foregoing instruunt, and acknowledged to me that they executed the Eau for the purposes and consideration therein expressed, OIVEN UNDER NY HAND AND SEAL OF OFFICE this day of 19_, _ Notary Public in and for the State of Texas {Printed or Stamped Naas of Notary► i ACCOtW DISCU UM AUT M21ATCOM The undersigned Applicant for electric utility services hereby authorizes Centon County Electric Cooperative, Inc. to disclose information to the Guarantor regarding the nature of the chargea and the amount due and outstanding on Applicant's account tog electric service so long as this Contract of Guaranty remain$ in affect, Signed this day of It f Applicant r i r t I Fk~YM~ Y W Yw/i~ Y rr h v DEN'" C OUM iLW"IC COOPWTIV=, INC. Tarif! 7R~P No, for ee Electric Service PUC SECTION TITLE: STAMP FORMS } E APPLICABLE TO ALL AREAS SERVED A` i` AGRE DGM FOR INMCONNSCTION AND PADA= OMATION OF Co=MWTICN OR SHALL Pown PRDa1C'i'ION INSTALLATION' 100 1M OR L=3 lg_, by and between THIS AGREEMENT made this day hereinafter referred to as the "Producer," and Denton County ELeetric Cooperative, Inc.. hoteinaLter referred to as the t "Cooperative" is as follows, 1. Put se. Producer owns or intends to own and/or operate a qualifying electric power generating installation and desires to interconnect and operate such installation the in parallel with Coopersttve's electric distribution system. This egreement defints and relationship between the Cooperative and Producer including terms affecting purehas sale of electricity as well as reasonable conditions for interconneetton and parallel operation. 2. Producer's Genetatin9 Installation. The generating installation to which this agreement applies is described as; Make Model Serial / Fuel or Energy Source kw Nameplate Output Rating volts Operating Voltage chase Connection. Located at i a Emergency Contact; J { Name Address Phone i 3. Terms. The Cooperative agrees to use reasonable diligenee to provide simul- taneous electric service. Interconnection, parallel operation, solosand t chase enof electricity will be governed by the Coopetative s Tariff including an and nd all ityamendm having that may hereafter be approved or ordered by any 1 I 1 ..J ,w 3 1 a Section Shoot Nj. ~J DENTON COUNTY ELECTRIC COOPERATIVE, INC. IV 10 h Tariff for -rev tston Fege Electric Service PUC SECTION TITLE: STAMP i FORMS APPLICABLE TO ALL AREAS SERVED N' ~urtediction, SAID TARIFF including all service rules, regulations, and rates IS A PART OF THIS AGREEMENT TO THE SAME EXTENT AS IF FULLY SET OUT HEREIN AND IS ON FILE AND AVAILABLE AT THE COOPERATIVE'S OFFICE IN DENTON, TEXAS. C'. 1. Intatconnactton. Prior to interconnection Producer shall have (1) fulfilled all csqu Uttar for the provision of electric utility service contained in the tariff: (2) provide an Interconnection plan and other information; (3) comply with conditions for line extension; (4) provide satisfactory liability insurance; (S) sign and deliver this Agreement; (6) complete construction; (7) comply with laws; (B) give notice of intent to energise; and (9) eliminate any conditions preventing interconnection. Producer warrants to Cooperative that Producer's power generating installation is constructed and will be maintained in a safe and reliable condition and will comply with the latest applicable codes, S1 S. Parallel Operation. Producer is responsible for installation, sate operation, protection, and maintenance of all equipment and wtrtng at and beyond the point where ' Producer's conductors contact the Cooperative's conductors. The electrical power genetated shall be compatible with Cooperative's standard distribution system at the potnt of delivery and of such quality that Cooperative's system to not adversely affected. Producer shall install and/or pay for a visible break disconnect switch. The ) Cooperative shall have access to the disconnect switch and mater(s) at all times. I i The Cooperative's LIABILITY IS LIMITED in accordance with its tariff and Producee agrees to indemnify and hold the Cooperative harmless from ell claims except as specified in the tariff. 6. Purchases of Electricity frog Producer. At the option of the Producer, the Cooperative will purchase: No output from the generating installation while allowing the Ptoducet to use the output to offset the Producer's total consumption, with the Producer's meter(sl modified to prevent [averse Ntering; ' of The net surplus output from the generating installation as measured by a second astvics meter which records the net surplus output of Producer into the Cooperative's system; where the net surplus is defined to be the accumulated instantaneous output of the Producer in excess of Producer's simultaneous instantaneous load; 1 i ti r rec.. - amroma~ a0 ion Shoat NO, DBNTON COUNCY ILEI,R'RIC COOPEEATIVE, INC. IV 11 Tariff wis on a- for Electric Service PUC 5FCTtON TITLE; STAMP FORMS APPLICABLE TO ALL AREAS SERVED i i or The output of Producer's generating Installation as measured by e ~ • second mater rhich records the output while charging the Producer for 1+ the Producer's consumption. The Cooperative will pay for electricity purchased from Producer at the applicable tariff rate for qualifying power generation installations, F At the option of the Producer, the Cooperative will: Credit the value of all output purchased from the Producer's generating installation against the monthly bill for service for the month following receipt of the Producer's motor reading(sl for the monthly billing cycle; or Pay Producer by check for all output purchased from Producer's generating installation within days from receipt of the Customer's motor roading(s) for the monthly billing period. ) t Sakes o! Electric Slrv sec to Producer. Producer agrees to pay tot electric setvtco. in aeeordanea with the rate sehedulo applicable to class. It any tariff or tats is changed by the Coopetative, or by order or consent of GAY j regulatory authority having a jurisdiction thereat whether or not at the request of the 1 Cooperative, such changed taxi!!, rate, or redefined claim at service shall be applicable to service provided hereunder from and alter the effective data of such change, as approved by the appropriate regulatory authority, Periodically, Cooperative will render to Producer a statement of services rendered. Producer agrees to pay the total amount shown on such statement within sixteen (16) days from its data. Payment shall to made to Cooperative at its office in Denton, Denton County, Taxes, 6. Term. The acceptance of this instrument by the Cooperative shall constitute an agreement between the Producer and the Cooperative which shall continue in force tar an inisigl term of years (not to axeeed 9 years) from the date service is made available by the Cooperative to the Producer. After the initial tots, this agreement may be terminated by either party giving at least thirty (30) lays written notice t2 the other, 9, Breach, The failure or refusal to perform fly obliga"01% contained 1.0% this agreement shall constitute a breech of this agreement. The patties shall hav suP4~ 1 r~ Section Shut No. DQrTOil COUNTY ELECTRIC COOPRRATIVE, INC. IV 17 Tariff for a sloe - - ao Electric Service PUC SECTION TITLE, STAMP PGRMS ;I i APPLICABLE TO ALL AREAS SERVED N~ remedies for breach as may be provided for at law or in equity. Notwithstanding any other provision of this agreement, Cooperative may discontinue service if producer has breached any portion of this agreement by failure to sake timely payment or otherwise. 10. Entire Agreement. This agreement constitutes the entire agreement between the 11 parties and supersedes all prior agreements between Producer and Cooperative for the service herein described, and the Cooperative, its agents and employees have made no representstlons, promises.' o: made any inducements, written or verbal, which are not con- tsined herein. ProdUC#t agrees that it is not plying on any statements not herein contained. It. Assignment. This agreement shall not be assigned by PL dUCer except in accordance with the Articles, Bylaws, and rules and regulations of Cooperative. This agreement shall inure to the benefit of Cooperative's assigns. 12. Interconnection Cost. Producer agrees to pay for extension of Cooperative's facilities and other interconnection costs as follows: S in advance of any work by the Cooperative; or S per month as an increased monthly minimum over and above the applicable minimum stated in the Coopsrative's tariff. 13. Receipt of Tariff. Producer acknowledges receipt of a copy of the Cooperatives f tariff. i DENTON COUNTY ELECTRIC PRODUCER: COOPERATIVE, INC. By: General Nanager ~r J Sc ion at No. vW,W Cmm z="IC C%FmlIVE, INC. IV 11 Tot if! ev on age 1 for Electric service PUC STW i SECTION TITLE: MRNS ~j i APPLICABLE TO ALL AREAS SERVED Addendum to hgf* nt for Interconnect lack E and Parallel *0094tion Of Cogeneration of ~I Prod ti n Installation: 100 KN os Leal 19~ by and between Denton This addendum Redo the - day Of t*g fteler ed to ae 'produe of Wilier the county Electric Cooperative, Inc.• hotqin&ffinAftft hett end Parallel 096ts"on t for first patagtaph of Sea a the PrAggeolon oduction Installation •r100 KNtoenlesa between the P&ttiea of Cogeneration or $"I1 Power dated , 19,E as follows: Prodatncertifies installatt n (qualifying facilitynund raFUCorules) with he/she is usin r genert q an aggregate design capacity of BO kilowatts or leas and hereby eUcls to o interconnect through a single cater that funs forward and backward. i witness our hands: Denton county Electric producer: Cooparative, Inc. Sy By: Tit U: Title: 'f J• IV I i j I, I '1 'r k . Q 6 action to-t- o. DBN'M COUNTY ELaMIC COOPUATM, INC. IV 14 Tariff for wsston ~eqe - electric Service PUC SECTION TITLE: STAMP FORMS a i I APPLICABLE TO ALL AREAS SERVED DBNTON COUNTY aLaMIC COOMUMVa, INC. AVXRiOa BILLING PLAN If s NMI: ISSUED BY: ADDRESS: ISSUE DATE: BPT=IVS DATA: e I ACCOUNT e: KEYED BY: DATE: i The typical family's usage of electricity varies from month to month resulting in a wide { range of electric bills. As a convenience to customers who so desire, Denton County Electric Cooperative is offering an Average Billing Plan. This will allow the Customer to make monthly payments based on the previous 12 months' average on their account. The k requirements tot entering into this agreement ate as follows: 1. AVERAGE BILLINO PAYMENTS. The Denton County electric Cooperative, hereinafter celled "the Cooperative," will determine the average billing by the following procedures: ` A. A customer who has received service for 12 months will be billed monthly based on the previous 12 month average. B. It a customer does not have a 12 month history, the average will be based on the billing history available. A minimum of four months billing history is required. 2. BILLING PROCEDURZ. The customer will receive a monthly statement based on a 12 month) average. The customer will be required to pay only the average billing. All other billing procedures will still apply. 3. LATE PAYXIMT, The average billing payment is due upon issuance of each month's bills and is to be paid no later than 16 days after issuance. It payment is not received before the due date, the Cooperative has the tight to declare all unpaid charges! immediately due and payable. e. DISCONTINUATION OF SERVICE: it the customer moves, or for other ions, electric; service is discontinued, the total amount owed to the Cooperative ace.. .Aq to actual' billing shall become due and payable immediately. S. CONTRACT LINIT20 TO CUSTONSM The accounts entering into the average billing plan) shall be limited to customers with membership in their name. r fPIMAdi~ { M Section hoot 77 DENTON COUNTY =1 IC COOPOIATIV3. INC. IV 1S Tariff for Revision magi Electric Service e PUC SECTION TITLE: STAMP FORMS r 1 APPLICABLE TO ALL AREAS SERVED 7, PAY RECORD: The average billing plan will be offered to customers with no delinquent payments in the previous 12 months. E. STATEt4EN'i' BALANCE: Each customer's account must have a sere balance before the ; evirago billing plan will begin. I cettify that I have reed the terms of this contract mad wit all of the above requirements. I would like my account of be entered in to the average billing plan. I E understand this contract is invalid 70 days otter the issue date, it not signed. DENTON COUNTY ELECTRIC CUSCOMERt y, COOMATIVEf INC. By Manager or Authorised Employee 'Y ~ F 1 w i i { 1 J f 11 9 ~ P ~a A,t C~"~a, 1991 I C-U:~tI LOI i_E,~ GI ~EIJEN F THE DEPJTON CHAMC{ER OF COMMERCE 'tG A UIVER5C URGANIZATIUN9 j CURR .IVTLY RCPRE +L-:NTING AK'PItUXINAI"LLY y~tl Dli-F NE.NI' L'U'IINEa3L:G~ f'RUFES5IUNnL5, INUIVIUUALB AND URGANIZA1IONS, THE FORMAL ~'ULICIES O THE CHAMCiER ARF 6(JYRNED BY A iUN 17OARD OF r, UIRLC'fDR:ij ELECTED BY THE GENERAL NLI+ISERSHIP. a POUITIUNi AND ACTION CONSIDCRED BY THE BOARD or DIR'tCl'ORE7 ARE NORMALLY SASED ON THE H'REVIOU3 DI5CU5BIUN5 AND RLCOKiiENDAI IU.V . UI ANY UPJE OF ME' CHAMC+ER'3 UTANOINU COMMITTEE'3. IN 'fHU kaVFNT 1H'r A F'UmAL P'O'SITION IS TAKCN BY 1140 BDA1140, A T;F'hk!EGTL'PtI,C7N WILL Skt Dc: GNATED9 WJ 41 1 IH NORMALLY THE CHAIRMAN OV '(FiE QOAItLj f'NLGIDENT, OFi AS OfFIEfiWIE[' AUTHORIZEW BY THE BUfi1:U, n4vj, PHPi1.ILVGRj DUEEy MU'f PRECLUDE INDIVIDUAL MEMA:1040 CF' YHE: LHAI'iBCP FROM STATING THEIR OWN ~ Rs~ I1~Ib141N ON THOSE: T PANTICULAR I5,;UlEG THAT HAVE B+ LN ADDRESSED BY THE BOAR). I RL•:GARUINJ4 'f HG IU43Uk.5 GF THE CITY OF DENTUNI B PENDING ' t Y ~_~a~d Is 1. AGRa6rl,~'~' N1' ON THL'• DIO.iAL O.' C/1I i`1 I'I'Jiq y0~,1Q EJAr 'THL GUARD UP= DIOCCIOR3 IIF:'1' IN A SPECIAL-CALLED MEETINU UN OEBIL-IL_1221 AND i dIJBc3LUUC..1'4TLY ISSUE'.G TH f4ULLOWING 'dTATEM;:NT AS A POINT OF z CLA1t I f" ICP11' IL1PJ r i 1 4 R 1 i I'HE DUARU L'E UIRcG7UFt5 OF- 7HE {tN'iON Ct;illil''Ek E1F GUi•htGkLL 4t)M 11CNU i Z I TY CUUNC IL PYwD S i A P :''UR 7H,S I R nFF'UR f;i TO U":NL W17H 'MIS CLYI LEX PROBLEM (the 0i5Pos.A1 :'t ~Gr01i1PT^r.'ai f '"L1 I Lla=te) • AS EH:: tiE-SUL'i Of-' FUIt'I'HER t2EVIFW OF 'iHI':i NA'ffl-*11 DURING A 4.3PEL;IAL-CFILLEI'j NEETINL ON APRIL is IS919 iHr 1LOARD OF UIRECTUkS . C ilUITERP E:S IT5 SUPPORT UI A CLIMIPCTIViVc AND FRLU-M")HKET E'/SEGr, IN THE EVENT 'THAI' THE CI1Y LPTS TO 'BELL Ili; aE'kVIUE4;; BUl DoEto NOr ENDURSLr PER SL' T14E GALE OF 7HL"5E SERVICCb~ NOR 6UPPORT ANY PARTICULAR CWPANYr S DID FOR TI•IHSE :iERVILE S. I I a r F x r, N Solidule of IMIA Solid Waste Disposal National Solid Wastes i Management Acaociation 1730 Rhode luland Avenue, N'W ~L 6wu1000 PROFESSIONALLY MANAGED LANDFILLS r~ 1 T. ~ " • ♦ • !~1!cfw6'ecWTIN~7TI~Sd'.1\J~+lM~~ ~ryt 1' ~ 1 • Vital Environmental Vw_ i Resource tom, r t r 6 ° t Today's sanitary When capacity landfill: it's not a is reached dump anymore Three and a half pounds of trash insects and rodents. In general, they a day. That's how much solid were unlined and unmonitored-so hen landfills reach their waste is generated by each man, that contaminated liquids could seep capacity, they are sealed and woman and child in the United into underground water supplies. covered with a cap of clay and dirt States, This waste includes substan• By contrast, modern sanitary Depending upon their location, they tial amounts of paper and cardboard landfills are designed to protect the may co urned into parks, gardens, (42%), as well as glass (9%), metals environment by containing and iso• sgoki lf o and urses, playgrounds, vi even 19%1 and other products. Where does lating waste. Building these land. sledding areas, inues to • it all go? fills requires extensive planning, mental monitoring continues long The answer: 85 percent of this engineering, monitoring and super. attar these facilities have been material is buried directly in the vision. This entire process begins converted to other uses. ground-in disposal facilities known before the first shovel-full of dirt is as landfills, removed and continues long after Today's well-engineered, sanitary the facility closes. landfills are a far cry from the open dumps of previous decades. Those dumps, where waste was burned or Q: h there a "garbage crisis f" abandoned, Siting and dealgn heeltly piled up, often became tin. At In some parts of the country, standards have also become much by eyesores which attracted landfill capacity is being used up, more stringent. Current procedures Ammsd Cblcago, for example, many are specifically intended to remody existing Wilt are expected to past problems and provide the * close by 1991, In fact, this situation highest level of environmental has becose commonplace: according protection. to the U.S. C(mference of Mayors Recycling facilities, waste-to. s ttrore then half of our, cities will trace energy plants and well-designed ;P rv the same problem within tat years, Iandf N represent three essential f (a eili If l met na n' Why do old compooerI6 of our country's long- + more a Super term waste disposal system. With fund cleanapf pro per made ement, th6 iystem I A: Operating procedures for land- %ill de tC level of eervtce fills have changed dramatically over which most of at expect, While the peat ten years, Until the mid- ufegusming public health and the 1970'6, for example, many facilities environment. received hazardous waste-a prea tics which has been completely 1 J 1 J •.s ~rrr~iJ IMSafe and efficient I Where should operations landfills be built? X;l 1 1 r 1 t-`'k a kk J . E ech day, landfill operators must Questions often handle truckloads of trash, To assure proper management, such asked about wastes are generally unloaded at landfills I only one designated area. This area is known as the "working face." rNoosing the best site for a land. complete picture of conditions above s Once trash has been deposited, it 011111 calls for highly skilled en. and below the ground. This informs. is spread and crushed by a bulldozer @i How many municipal solid gineers and hydrogeologists. These tion is then used to develop con. or compactor. As each day ends, the waste landfills exist in the U.S.I ~ specialists look for areas where struction plans and determine what ~ waste is covered with a layer of soil k, There are nearly 9,300 solid natural clay deposits and other safety features are required. It Is to minimize odors and discourage waste landfills operating today, structural features will best protect carefully reviewed by health and env insects and rodents, Monitoring q. Wont "Cling make landfills underground water reserves and vironmental oificiaa who issue the wells allow technicians to check ud itceaea f other Important resources, Detailed appropriate permits. groundwater quality and detect A: Recycling can trim the volume testing is carried out to provide a contamination, of normal wastes by around 20 per. cent. The rest of these wastes must usually be iaclnerated or buried in a sanitary landfill. I i ~I a s., ewe r.'.: ~ WSafety is the primary concern ~oday's landfills include multiple Drainage systems are another they often produce gas, which gives 1 safeguards to contain wastes and common feature. Instead of allowing off a strong odor. To solve this isolate them from surrounding rainwater and other liquids to col- problem, some landfills have in- water and soil, In many cases, for lect inside the liner, these "leach- stalled equipment to collect the gas example, such safeguards involve a ates" pass through the refuse and and pump it through pipelines for protective liner to prevent filtration. are pumped to the surface where use as a commercial fuel. Finally, ` These liners may be made of com• they are treated and discharged. most facilities build mounds of dirt r 1 patted clay or impermeable materi• Still another feature concerns known as "berms" to prevent wastes J ti als such as plastic, When clay is landfill gas. As wastes deteriorate, from being blown by the wind and used, the layer may be as much as shield them from view. 10 feet thick. ~ Yrrr 4 ~ r r e / ~ ~ "r~ I ~ `II V r 0 C7 06 (~P „ G G +Q p r c ~ n O l O \ .i ~~j/ • a -nom a e e Cho ~ o uo c G'' c 0 Le r I e G `'e ~c bOo r7y op c C~ e C o OO UG+ `acp0'C. rO°CCh .l/~. o t ."cc. C` O V~' a cOC U O O Leo O no s a c d O r.+C cti' ✓ c^ i s,, C s C p c 4 ~J CQO emu. tl e^. ~:."C ~O O e . C.e C'L.°O G:O pC 1. G^ C O d 6 G^ + ~w cl~ p Ce J a: tD O ° C ' v a o e° d ° vCv.~ e c C c^< < e eo o o« 4,° r~ o ~ne~ 1 ° . A. C CO 0 C" C (tii p O•-"iL d d C e o C C A' v s GAO . L~ 9C O j~ O ~ dV, au e o. °G oG. ~ a c e u o es v e, c' o O v O C cC^ ' ✓ ` ors, a O G u 40 1 ♦i i r I • r ® Waste management, inc. Environmental Policy On March 7, MO, rho Board of Waste Management, Inc. is committed to protecting and enhancing the environment and to Directors or waste Management, updating its practices in light of advances In tochnolM and new understandings in health and Mc approved an expanded soh- environmental science. ronmenial pony for V?e Company Prevention of pollution and cabancement of the environment are the fundamental premises The porky was demloped and of the Company's business. We believe that all corporations have a responsibility to conduct recommended by the waste Man- their business as responsible stewards of the environment and to seek profits only through co m tt a In cl v Enrng the j activities that leave the Earth healthy and safe. We believe that the Company has a rcsponsi- mminoe. In deafopIng the bilily not to compromise the ability of future generations to sustain their needs. pafcy, the committee yaw cerelul The M, Its of thls policy are applicable to the Company throughout the world. The Com- consideration to the views of envf li > p ronmental groups. pang will take demonstrable action on a continuing basis in furtherance of the principles. I Principles Environmental 1. The Company is committed to improving the environment through the services that we Protection offer and to providing our services in a manner demonstrably protective of human health and Enhaneeinent and the environment, even if not required by law. We will minimize and strive net to allow any releases to the atmosphere, land, or water in amounts that may hart human health and the environment. We will train employees to enhance understanding of envi- ronmcntal politics and to promote excellence in job performance on all environmental { matters. Waste Reductions 2.71ne Company will work loml~ 'mlze the volume and toxicity of waste generated by Recycling, us end others. We will operate intut, vograrm. We will vigorously pursue t Treatment opponunitics to recycle waste before other management practces are applied. The Com• t and Disposal pany will me and provide environmentally safe treatment and disposal services ror waste that is not eliminated at the source or recycled. 9lodlversity 11I. The Company is committed to the conservation of nature. We will Implement a policy of "no Oct foss" of wetlands or other biological diversity on the Company's properly. t 4 Sustainable Ufa of ` 4, 7Ae Company will use renewable natural resources, such is water, soils and forests, Natural Rasourees I in a sustainable manner and will offer services to make degraded resources once spin usable. We will conserve nonrenewable natural resources through efficient use and care- rul planning, Wise Use of Energy S. lbe ComDay will snake every reasonable effortto use environmentally safe and l I ~ sustainable energy sources to meet our needs. We will seek opportunities to imprt ve i energy efficiency and conservation in our operations. } Compliance 6. The Company Is committed to comply with oil legal requkcmenLq And to lmp;emenl programs and procedures to ensure compliance, These efforts will include training and testing of employees, rewardingempktyees whowd In compliance, and disciplining employees who violate legal requirements. Aprll 1000 Waste Management, Inc. Environmental Policy A Principles continued Risk Reduction 7. The Company will operate in a manner designed to minimize environmental, health or safely hazards. We will minimize risk and proteclour employees and others in the vicinity of our operations by employing safe technologies and operating procedures and by being prepared for emergencies. The Company will make available to our employees anu to the public information related to any or our operations that we believe cause environmental harm or post health or safety hazardx. The Company will encourage employees to report any condition that creates a danger to the environment or poses health or safety hoards, and will provide confidential means for them to do so. Damage S. The Company will take responsibility for any harm we cause to the environment and f Compensation i will make every reasonable effort to remedy the damage caused to peopic or ocosy,ctems. Afteareh and 9. The Company will research, devek)p and implement technologies for integrated waste Development I management, Public Polley and 10. The Company will provide information to and will assist the public In understanding i Public Education the environmental impacts of our activitks, We will conduct public tours of facilities, eon. I sistent with safety requirements, and will work with communities rtear our facilities to ca- t courage dialogue and exchange of informadon on facility activities. 11. The Company will support and participate in development of public policy and in educational initiatives that will protect human health and Improve the environment. We will seek cooperation on this work with government, environmental groups, schools, unl• versrtics, and other public organisations. , Participation In 12. The Company will encourage Its employees to panicipate In and to support the work of Environmental environmental organ irations,and we will provlde support toenvironmenial organizations 1 Organtutlons for the advancement of envitonmental protection. Environmental 13. The Aoard of Directors of the Company will evaluate and will address the environ- Poliey mensal impliadonsof Its decisions. 'trio Executive Fnvironmentnl Committee of the Assessment Company will report directly to the Chief Executive Officer of the Company and will monitor and report upon implementation of this policy and other environmental matters. The Company will commit the resources needed to Implement these principles. z , w Annual 14. The Company will prepare and make public an annual report on its environmental Environmental I ocilvides. The report will include a seal-evaluation of tho Company's Implemlentatkxt of Report these principles, Including an assessment of the Company's performance in complying with all applicable environmental laws and regulations throughout lls worldwide opcratim. y r r ^ ~ 5 )i j t x, F n 9, yY i 1 r~ V S e I ~F r~ r ~,5r i f.. yr ` y F w ~ 5 i I 51 t 4 I i C I _ andSubaldlaries -1 Revenue Consolidated Coists and expenses Finiuxial Data Unusual nonrecurring ad restructuring Recurring Nonrecurring IncomebelbreincometRw 1 1 Y income taxes I Net income- for the year Owes Outstanding during the year Earnings :commA and comn= equivaientaliam i 1: Pecember3l, Property and equipment, net TbW assets Long-term 1. p 1..m ¢'T it I E~ r. NMI- s r Kate ManeQemenI enaVneenemploy ; 7}4 advanced lechnoloa to deal gn env l ro nmental eyat em a Into now disposal facilllle. i L, a I f 1980 1981 1982 1993 1484 3985 1986 1987 1988 1989 j $655,968 $772,690 $ 968,648 $1,039,989 $1,314,781 $1,625,428 $2,017,776 $2,767,630 $3,565,617 $4,468,941 $530,191 $608,229 $ 751,478 $ 826,609 $1,411,681 $1,259,074 $1,639,384 $2,113,264 $2,767,854 $3,491,226 - - 100,161 112,000 18,373 9,98'9 19,438 5,165 25,203 48,663 46,851 60,299 61,923 (76,826} _ _ _ _ - (175,924) - - $107,402 $154,472 $ 195,632 $ 209,315 $ 247,977 $ 817,691 $ 607,303 $ 584,067 $ 746,840 $ 850,681 48,424 .0,439 89,108 88,868 106,468 146,138 136,873 256,989 282,117 288,618 $ 68,978 $ 84,083 $ 106,524 $ 120,447 $ 142,609 $ 171,653 $ 870,930 $ 827,078 $ 464,228 $ 5621135 328,604 845,877 855,455 385,896 389,565 398,627 421,816 449,146 463,711 459,727 $ ,18 $ ,21 $ 80 $ .31 $ .37 $ ,43 $ .88 $ .73 $ 1,02 $ 1.22 $ .035 $ .047 $ .061 $ .08 $ .096 $ ,1)3 $ .135 $ .18 $ '226 $ '29 963 661 $2 694,714 $3,659,118 $416,799 $491,271 $ 624,775 $ ?43,109 $ 9941442 $1,182,602 $1,469,880 $1, 1 _ 8b 688 $4 878 963 $1,966,798 $2,275 090 $2,811, 1 _ 1 , $66'1,188 $8321701 $1,169,681 $1,337> 7 $3 387 58'9 $8 405 209 671 $ 467 539 $1,270,280 $1,503,817 $182,090 $128,099 $ 168,838 $ 187,940 $ 489,072 $ 483,482 $ 402, 738 015 $344,891 $4171637 $ 663,836 $ 767,865 $ 8851670 $1,137,203 $1,680,2ti4 $1,885,253 $2,179,207 , 111AAerylrin¢¢rrtroartheeffecttoalfelynifkardrom• IrrcumetnrM6lmrrm 1140,6~~.,1OtSCAandearn• 17oR2A0001vret~eulttnRS}umtheWblVCOfferln d ;~i Notea, ppankruaryquiredandkcuanted 6xaegrollntsullntere.'a. theyyMookii&%vb~eenab pt hmrps.n En 1rc innOOct~oG,etrtiolgo an~dU weal I:)'f'herc,vlfs Art 1pN63ne11.Weanyn utsLfe ttain p tunrcrarrin chu f1i11,d66,1100 on an after-tax barlal >iMf1,11t;RofrN )rnrhum thriroNpmkx1nfd f9i iM rerull.,mf pershori relulting aum the See Note9to CC k d PW r1mvlal titate~ ^Idu 1ltAlwrcmmem,ITetnxOdobRockitCAemlral'nxete 11,7161II00,of1.03per br Narugemenl,Ine,lniktotieettt96,uarlluunwual Se#h4:Uratur ecuxii~a ffin nctalSctGm. ILIA61Txreand rTereamwnUTave en nunrerurrln'and rert Marvnt,tcAsrYYeem it Or*net Nee repulto ConeofIrKU a nOo-tlei Ntatemmu. drl Gkrd dletribmtedni ~Tkcember 19mg, aetock on amafler•ta% ctrl. Aaare,ult uftbeee Menu, net IU The reeulta lea llwp lndurkanrmda~ahleteam I 3 ~ r ! J ~ ~ r d S ~ M I4 I ( 1. ~ a ~ ~ { 9 t is 1 c ~ F ~ 1:U + ~ r"v r kh.r t ~,~y i~ ~i v ~ ! i ~ ,o.i 9~3~f~ ~ r i r ¢ i~ x; ~~7 fib i 4 ~ , :j,~ z w W f i a ' b r ~S n~ 5, i,. ~ { { ~ ~ ~ { ~ u IoM I g ~ ~ ~ ;A. A ~ j° i n I I. I' i il' I I I r, i LET'T'ER TO OUR STOCKHOLDERS 1989 was an outstanding year for Waste Management, Inc. and for our stockholders who saw their confidence in the Company rewarded with increased value. The Company's growth remained strong as the need widened for the unmatched variety of environmental services we offer, During the year, all of the Company's goals for expansion were met and strategic moves into new service markets were continued. As we had anticipated, Waste Management rev- enue grew to well over $4 billion for the first time. The remarkable expansion we have achieved over nearly two decades has been enhanced by discirlined efforts to control expenses and thoughtful investment in people and projects that will foster future growth as well. Waste Management of North Arr:rica, Inc., our largest subsidiary, remained the nation's leading resource, public or private, for solid waste services. Through its Recycle America' and Recycle Canada` programs, its leadership in waste reduction and recycling programs was greatly expanded. WM I Me&i al Services, a rapidly developing business, entered new markets and expanded facilities to respond to increased public concern about the handling of medical and infectious wastes. Chemical Waste Management, Inc., our 78-percent-owned subsidiary, er{hVd an excep- tional year as its remarkable earnings trend was continued. It further developed its waste reduction services to industry while expanding facilities to meet a broader requirement for its chemical and hazardous waste treatment, destruction and disposal services. Internationally, the Company move) strategically in 1989, positioning itself strongly in ► Europe. Waste Management International, Inc. made acquisitions of both solid and haz- . ardous waste businesses, anticipating the sizeable opportunities we expect to derive from the consolidation of Europe in 1992. i Financial l'erfor m an c e The Company achieved ree vd revenue and net income in 1989 as all of our principal busi- nesses reported strong resuRc. Net income for the year ended December 31, 1989 was $562,135,000, a 21 percent increase from $464,223,000 achieved a year earlier. Earnings per share were $1.22, compared with $1.02 in 1988. Revenue grew 26 percent to $4,458,904,000, from $3,665,617,000 in the preceding year. Earnings per share results reflect a two-for-one stock split in Dee ember 1989. Results for the year included a non-taxable gain of $70,826,000 resulting from the public ' offering of 5,000,000 shares of common stock of Chemical Waste Management, Inc. in October. The fourth quarter included unusual non-recurring charges of $70,560,000 on an ' after-tax basis, principally related to a provision for the future impact of anticipated fed- eral regulations on the Company's solid waste landfills. ti b The results for 1988 included an after-tax gain of $11,354,000, or $.03 per share, from the combination of the Company's waste-tu-energy operations with those of Wheelabrator Technologies Inc. Waste Management of North America again achieved records in revenue and operating profit. Chemical Waste Management net income and revenue climbed sharply. Waste Management International reported significant revenue gains as the Company entered a number of new markets in Europe. i New Opportunities The Company continued to respond to emerging requirements and opportunities in the waste services industry. The anticipated adoption in 1990 of the new federal Subtitle D regulations will toughen ! considerably the design and operating standards for solid waste landfills, which should benefit the Company. While a large percentage of the nation's approximately 6,000 landfills are not expected to comply with these new rules, Waste Management's facilities will meet or exceed the expected requirements. Waste Management International's expansion should provide the Company with 1 substantial opportunities in Europe. Importantly, Europe's expected support for strict environmental regulations should benefit companies such as Waste Management, which have experience', regulatory c I art technologies and capabihs to manage wastes which have invested in state-of-the- art new service areas, WMI Medical Services is rapidly broadening its medical and infectious waste collection and disposal resources, participating in a marketplace spawned r by greater federal and state regulations. This group serves hospitals, neighborhood clinics, doctor,;' and dentists' offices and a variety of other health-care facilities. t Waste Management of North America announced an agreement in October with Baxter Healthcare Corporation, a subsidiary of the leading international marketer of health-care products and services. Through this association, the Company will provide services to i help hospitals reduce and manage medical and other solid wastes, respond to new regula- tions and lower their disposal costs. i As part of our recycling efforts, the Company is seeking strategic alliances to help ensure markets for the materials our programs reclaim. In the spring, we announced with The DuTbnt Company a joint venture to recover post-consumer plastics such as milk and soft I drink containers for use in new higher-value DuPont products. j i A Chemical Waste Management subsidiary, Chem-Nuclear Systems, Inc., was awarded contracts to design, construct and operate two low-level radioactive waste facilities in the t United States and was selected as the preferred bidder for a third regional site. These i i t 6 LETTER TO OUR STOCKHOLDERS 1989 was an outstanding year for Waste Management; Inc. and for our stockholders who saw their confidence in the Company rewarded with increased value. The Company's growth remained strong as the need widened for the unmatched variety of environmental services we offer. During the year, all of the Company's goals for expansion were met and strategic moves into new service markets were continued. As we had anticipated, Waste Management rev- enue grew to well over $4 billion for the first time. The remarkable expansion we have achieved over nearly two decades has been enhanced by disciplined efforts to control expenses and thoughtful investment in people and projects that will foster future growth as well. Waste Management of North America, Inc., our largest subsidiary, remained the nation's ILI leading resource, public or private, for solid waste services. Through its Recycle Americe and Recycle Canada' programs, its leadership in waste reduction and recycling programs was greatly expanded. WMI Medical Services, a rapidly developing business, entered new markets and expanded facilities to respond to increased public concern about the handling of medical and infectious wastes. Chemical Waste Management, Inc., our 78-percent-owned subsidiary, enjoyed an excep- bona!year as its remarkable earnings trend was continued. it further developed its waste reduction services to industry while expanding facilities to meet a broader requirement for its chemical and hazardous waste treatment, destruction and disposal services. , moved strategically in 1989, positioning itself strongly in E` Internationally, the Company r Europe. Waste Management International, Inc. made, acquisitions of both solid and haz- ardous waste businesses, anticipating the sizeable opportunities we expect to derive from the consolidation of Europe in 1992. Financial Performance The Company achieved record reaenue and net income in 1989 as all of our principal busi- nesses reported strong results. Net income for the year ended December 31, 1989 was $562,135,000, a 21 percent increase from $464,223,000 achieved a year earlier. Earnings per share were $1.22, compared with $1.02 in 1988. Revenue grew 25 percent to $4,458,904,000, from $3,565,617,010 in the preceding year. Earnings per share results reflect a two-for-one stock split in December 1989. Results for the year included a non-wxable gain of $70,826,000 resulting from the public offering of 5,000,000 shares of common stock of Chemical Waste Management, Inc. in Octolx r. The fourth quarter included unusual non-recurring charges of $70,560,000 on an ! after-tax basis, principally related to a pi ovision for the future impact of anticipated fed- eral regulations on the Company's solid waste landfills ` 5 tta}g r k t facilities, to be located in North Carolina, Illinois and Penns;,'ania, are expected to be operational by 1993. The People of Waste Management Our mission to be the world's leading environmental services company relies on the hard ' work of nearly 42,000 individuals employed in approximately 750 operating locations in 48 + states, across Canada, and in more than a dozen countries overseas. Highlighted in this report are a handful of our employees. They represent the commitment we are making to attract the best talent and provide them with the technical expertise and capital resources needed to offer the most advanced environmental programs. ' As you will see, our people are our most valuable asset. Their dedication to providing the best service, in compliance with the strictest environmental standards, distinguishes them and our Company. During the year, seven individuals were honored with the Company's President's Awards for Technical Excellence. Recognized for developing a technology that produces purified water from hazardous waste waters were five Chemical W ste Management scientists and engineers: George Mortimer, Ph.D., Dick Ayen, Ph.D., Jim Grutsch, Erick Neuman and Richard Miller. + Honored for conceiving an innovative landfill cover technique were Waste Management of ~ North America's Clarke Lundell, a group engineering supervisor, and Peter Richer, a ~ senior environmental engineer. The two developed a system that utilizes high-density polyethylene and geosynthetic materials. i We are keenly interested in enabling our people to share in Waste Management's future growth and providing them with an incentive for continued productive effort. We were pleased to announce at year-end an innovative stock option program to begin in 1990 for all employees in the United States and Canada with three years of service who were not pre- viously participating in the Company's stock option program and who are not covered by collective bargaining agreements. Employees will receive options to purchase Waste Management or Chemical Waste Management stock equivalent to 10 percent of their com- pensation. The Company is proud to be among the nation's first major corporations to introduce such a program. Financial Activities i The Board of Directors twice increased quarterly cash dividends, approving increases on a post-split basis from $0.06 to $0.075 in May and to $0.03 in November. The latter repre- Ecated the 16th dividend increase since the Company began paying dividends in 1976. The Board in the fall also approved a two-for-one split in Company stock, effected through 7 1 Ir i I, i i ` the declaration of a dividend of one additional share of common stock for each share out- standing. The split, effective in December, was Waste Management's sixth since becoming publicly owned in 1971. Accounting for the splits, a single share purchased in 1971 equals 72 shares today. Company common stock began trading during 1989 on the Frankfurt Stock Exchange. The West German listing offers access to one of Europe's leading equity markets and increases Waste Management's visibility and availability to international investors. Other f international exchanges on which Waste Management common stock is listed are London, Tokyo, Toronto, and the stock exchanges of Australia and Switzerland. Management d I Stockholders in May re-elected four members of the Board of Directors to three-year t terms expiring in 1992. They include: Jerry E. Dempsey, senior vice president of f Waste Management, Inc. and president and chief executive officer of Chemical Waste Management, Inc.; Lee L. Morgan, retired chairman and chief executive officer of j Caterpillar Inc.; James R. Peterson, retired chairman and chief executive officer of The , Parker Pen Company; and Alexander B. Trowbridge, retired president of the National Association of Manufacturers. r The Board also welcomed a new member in May, Senator Howard H. Baker, Jr., former E Majority Leader of the United States Senate and White House Chief of Staff to President Ronald Reagan. Sen. Baker, a senior partner in the Tennessee law firm of Baker, Worthington, Crossley, Stansberry & Woolf, will serve a two-year term expiring In 1991. In June, Edwin C. Falkman was named president of Waste Management International, Inc. Mr. Falkman previously was vice president and secretary of the subsidiary. After joining the Company in 1977, he played a key role in business development projects in Saudi Arabia, South America, and Australia. He most recently has been directing business development activities in Europe. Shortly after the errs of the year, Mr. Falkman was also ~ elected to serve as a vice president of Waste Management, Inc. In December, James E. Koenig was appointed chief financial officer after serving as vice president and treasurer since 1986. Mr. Koenig, who joined the Company in 1977, s' succeeded Donald E Flynn, who will continue as senior vice president. Environmental and Community,%f lairs Activities Last spring, the Company established an Executive Environmental Committee. The mis- sion of the committee is to review and propose policies that ensure Waste Management's continued environmental compliance and to provide counsel on issueF that contribute both r to the Company's continued growth and our environment's well-being. 3 i i 8 ~w Prevention of pollution and enhancement of the em ironment are the fundamental prep is,s of our business. As the leader of our industry, wee believe we have a unique requirement to conduct our business in a way that leaves the Earth healthy and safe. Our leadership carries with it a responsibility to encourage other corporations to do the same. We are pleased to advise you that the Company has further strengthened its environmen- tal policy. Early in 1990, Waste Management adopted leadership policies designed to enhance the environment, encourage waste reduction and recycling, conserve and sustain natural resources and make wise use of energy. Our commitment also includes strict compliance standards, a responsibility to reduce risk, remedy potential problems as well as to encourage public policy and education that fosters protection of our ecosystems. 1 These principles, which follow this letter, are important to our business, but more impor- tantly, they are critical to our shared environment. , The Company is committed to supporting a range of environmental, civic and charitable organizations. These groups are assisted with financial contributions and, frequently, Company services. The work of more than two iuren environmental organizations was aided in 1989. Among them were the National Wildlife Federation, the National Audubon Society, the Center for Marine Conservation, The Nature Conservancy, the Keystone Center, the Environmental i Law Institute and Keep America Beautiful, Inc. The Company also provided support to a number of national civic organizations, as well as many groups engaged in worthwhile efforts in the many local communities we serve. The Company was proud to sponsor the production and nationwide distribution of an anti- w ~ ` drug video. Called "Time to Think," the video was designed to promote discussion within families of the dangers of drug usage. It was made available nationally to the public through the Blockbuster Video network of stores and through all North American divisions of the Company. The Company also engaged The Gallup Organization, Inc. to conduct a first-of-a-kind national survey of 1,000 parents and children on the frequency and quality of dialogue on drugs in the home, The results of the survey were released to the nation and now are incorporated in the libraries of a number of anti-drug organizations, including the National Institute of Alcohol Abuse and Alcoholism. The Outlook We believe our prospects are excellent. Several exciting developments encourage us as we look to the future. • The Company is prepared for the more stringent landfill regulations expected with the J 9 i v S i ' adoption this year of federal Subtitle D rules. Waste Management International has strengthened its presence in Europe in anticipa- tion of the European community's consolidation in 1992. • Company recycling programs will be available to respond to the greater needs of municipalities and commercial customers. Alliances with end-users should help to provide markets for the materials recovered. The Company will participate in the growing market for waste-to-energy plants through Wheelabrator Technologies Inc., in which Waste Management currently holds a 22-percent ownership. Wheelabrator, the leading organization in its industry, operates f 11 waste-to-energy plants and has 9 projects under development. 9 Chemical Waste Management's unparalleled site remediation resources soon will be focused on federal agencies. Administered by the Departments of Defense, Energy, Interior and Agriculture, these facilities, whose contamination includes mixed haz- ardous and radioactive wastes, represent a promising new challenge. To pursue these opportunities, the Company formed Chem-Nuclear Environmental Services, Inc. shortly after the end of the year. This new unit will seek to provide comprehensive waste management services to the government as well as the resources to clean up contaminated sites. The services we provide are critical to the public health and welfare. Our business is increasingly capital intensive, yet largely resistant to the influences of a shifting economy. We believe we have the financial resources and expertise to continue the positive momen- tum begun when the Company first became publicly traded 19 years ago. i Our commitment to adapting technology to facilities, to employee development and x ' excellence and to encouraging more stringent environmental controls will provide further k opportunities to expand our businesses. We firmly believe our commitment to environmental protection, the highest standards of l ethical conduct and quality service will enhance our future and provide our stockholders with continued value. j nom/ s Dean L. Buntrock f Chairman of the Board I ! c E Phillip B. Rooney President 1 r f i ' i 10 r it K r y C t •~~i ( Ir''1'ISI.' y ar Z''~,1 fx l + : 5 { ,rf ; j • 1 f li 1 ,v ! t. t! p y , f i Ska ra ° s ! n I .r ti41 + t t1 i~r. a a>• f l a r 1rlA~ 11', Qt7 r r ~ r r! 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K' 0 IN ¢,ir ~'~I~IEd ~r{r~ y y +~''t Wh'l ~,y i. ?k w~ sty d'lex 4~'~'~s ~ kf r{ v;{+~~ry,~~ !'~4 y9,M' a- v r ~a,~~nl IVa~~ ~ 11 a~ta ~ .iti 1. w 1~ 'II ~ y ~d tic ~fL 1a I ~1 t 11 f 1 t ,1..1 :~'1 11 I 1' 1'' 1: 1 y . i ' t' V I Ir:J 1! 1 i 1~ 0. i Yira• J Ir 4~. + yfd t y j { `Rti<lyk""', Ni4 l r +Y bio"+'%yaa°.r ~f r R A' 1 i ~ r a i[ I 7r' "a~~ G f w y rC ( y !y~uC Y ,y~ ~♦pi ~ ,aY vy,.A ~ e o~ fi~i~ }-ly tyrtiyi~r1~~'~ _ W,'Y}~''4y~n.Ke y~'i"'7Yq',I~~a7~MeA'~j${Ay+ " ",a M~ i=R"P, y " wry^'E 1 r jt4. ~ rvgw "4z . .a,a~ ✓,'!~p a 3 ~Ya! > {5t A'1Jy ~ r `t' G~N~K~ ; f y~4~~T+E , ~ ]c~~~d', +9d ~ !~h'~}~Kr`''~~f ;N( f,fd~l~s'l , y7F, r TY t9' e' 3`c ~~yy 7 CM Y ~ t 1 ~~P'Iy1~ 1 loo , rf ~r ~ rNC, ~ 4 p i ~ r 1 Waste Management, Inc. is committed to protecting and enhancing the environment, ' and to updating its practices in light of advances in technology and new understandings in health and environmental science. i Prevention of pollution and enhancement of the environment are the fundamental premises of the Company's business. We believe that all corporations have a responsi- bility to conduct their business as responsiole stewards of the environment and to seek profits only through activities that leave the Earth healthy and safe. We believe that , the Company has a responsibility not to comprom to sustain their needs. ise tlr sbility of future generations e The principles of this policy are applicable to the company throughout the world. The I Company will take demonstrable actions on a continuing basis in furtherance of the principles. E , r I ~ Environmental Protection and Enhancement I. The Company is committed to improving fhe environment we offer and to providing our services in a manner demonstbr ugh the services that i health and the environment, even if not required by law. We will minimize and strive not to allow any releases to the atmosphere, land, or water in amounts that may harm human health and the environment. We will train employees to ei hance understanding of environmental policies and to promote excellence in job performance on all environ- ' mental matters. r Waste Reduction, Recycling, Treatment and Disposal i 2. The Company will work to minimize the volume and toxicity of waste generated by us and others. We will operate internal recyyclin ` K Programs. We will vigorously pursue f opportunities to recycle waste before other management practices are applied. The Company will use and provide environmentally safe treatment and disposal services for waste that is not eliminated at the source or recycled. { f 12 i _A Biodiivrsity 3. The Company is committed to the conservation of nature, We will implement + no net loss" of wetlands or other biological ~ cal diversity on the Company's tolicyof property. Sustainable Use of Natural Resources 4. The Company will use renewable natural resources, such as water, soils and a sustainable manner and will offer services to make degraded forests, in usable. We will conserve nonrenewable natural resourchrough efficient use and careful planning. M Wise Use of Energy ' 5. The Company will make eve reasonable effort to use environmentally safe and sus- tainable energy sources to meet our needs. We will seek opportunities to improve energy efficiency and conservation in our operations. Compliance 6. The Company is committed to comply wit hall legal requirements and to implement programs and procedures to ensure compliance. These efforts will include training and testing of employees, rewarding employees who excel in compliance, and discipUn- ing employees who violate legal requirements, Risk Reduction' 7. The Company will operate in a manner designed to minimize environmental, health or safety hazards. We will minimize risk and protect our employees, and others in the vicinity of our operations by employing safe technologies and operating procedures and by being prepared for emergencies, The Company will make available to our employees j and to the public information related to any of our operations that we believe cause ' environmental harm or pose health or safety hazards. The Company will encourage employees to report any condition that creates a danger to the environment or poses health or safety hazards and will provide confidential means for them to do so. Damage Compensation 8. The Company will take responsibility for any harm we cause to the environment i 13 4f... t ~I i and will make every reasonable effort to remedy the damage caused to people or 1 ecosystems. j Research and Development 9. The Company will research, develop and implement technologies for integrated waste management. Public Policy and Public Education 10. The Company will provide information to and will assist the public in understanding j the environmental impacts of our activities. We will conduct public tours of facilities, consistent with safety requirements, and will work with communities near our facili- ties to encourage dialogue and exchange of information on facility activities. i { 11. The Company will support and participate in development of public policy and in educa- l tional initiatives that will protect human health and improve the environment. We will ~ f seek cooperation on this work with government, environmental groups, schools, uni- versities, and oti or public organizations. r Participation in Environmental Organizations 12. The Company wilt encourage its employees to participate in and to support the work of f environmental organizations, and we will provide support to environmental organiza- tions for the advancement of environmental protection. Environmental Policy Assessment 13. The Board of Directors of the Company,,vill evaluate and will address the environmen- tal implications of its decisions. The Executive Environmental Committee of the Com- pany will report directly to the Chief Executive Officer of the Company and will monitor and report upon implementation of this policy and other environmental mat- 4 ~ ters. The Company will commit the resources needed to implement these principles. Annual Environmental Report 14. The Company will prepare and make public an annual report on its environmental activities. The report will include a sel''-evaluation of the Company's implementation of these principles, including an asseFinent of the Company's performance in comply- 5 ing with all applicable environmental laws and regulations throughout its world- wide operations. r :"r~!~~4'4'~Y~d ~i 4'~'S''J TN. W1T ~i.t`!wS,^r 4A°,'nnl~,,t'15~4 r-~..:A a~.~!ti ~.i~..:~a - :i ~ ~'~!~%~M°h~}i ~;~•r. ' R ~a., r r rr ~ F! r l i ! it '.w ~x Q.'<Y r r M•Y n~pp~ i~~t ~~..~7 cK ...`r1h 'r,. 'f.y v ~1.'` ry i ~p 19 h a A 1-4 V' S r. i i N" • 11 `Y I i ~ j j S' } E~ IF Waste Management of North America, at ions by helping Waste Management Inc. strengthened its position in 1989 as drivers to more easily perform collection i the leading provider of solid waste ser- activities. The WMS also will allow vices in the United States and Canada. drivers to spend a greater portion of the Revenue increased to $3,179,000,000, day on their routes while the collected rising from $2,712,000,000ayearearlier. w•astesaretransported directly to The Company, whose sales represent 71 landfills. percent of total corporate revenue, serves more than 350 markets in North America. Today it employs 26,800 persons in 47 states and five Canadian provinces. s Collection Waste Management of North America C increased its customer base. Residential + i collection service was provided to more than 8 million households as the number of contracts with municipalities grew Engineering Director John Bohr to 1,350. At year-end, the number of frfphl)leads loengi- commercial customers rose to 814,000. neen and a staff of technicians lnplan. ning new landfills. Among the municipal waste collection / . " As) ntheticlinerls ~ . contracts awarded were Pinellas Park man I the t and Palm Beach Gardens, Florida, ; Fort g stems prot prol a ehnical { 'oc=* y~ ja eclinga ~ A y ~'r a s~• ° g W 'ne Indiana; Edmonton Alberta' new regional dis 5 y. int site, one of the and St. Laurent, Quebec. ' largest in[he ation. , A number of new markets were entered during 1989 including Waterbury, Making wider use of its North American ; Connecticut; Springfield, Illinois; network of facilities, the Company Hagerstown, Maryland; Eugene, markets a variety of urban services. Oregon; Warwick and Newport, Rhode These include Pbrt-O-Let` portable Island; Corpus Christi, Texas; and sanitation units, Modulaire'relocatable Thee Rivers, Quebec, office structures, temporary fearing A tmid-year, the Company unveiled the and traffiebarricades, portable power systems and street sweeping services. WAIS , or Waste Management System. A revolutionary approach to municipal Created in 1987, the WAII Services'" u aste collection, WMS makes use of program has F;xpanded rapidly and has 1 lightweight truck chassis onto which can positioned Waste Management of North ; be placed automated collection equip- America as the nation's leader in ment and removable waste containers. responding to the temporary needs of + Loaded containers maybe replaced en property and construction site man- 4 route and exchanged to another carrier agers, as well e s to planners of outdoor for shipment to disposal facilities. The special, recreat ional andsporting event s automated WMS systems will increase such as seasonal fairs, ethnic festivals productivity and contribute tosaferoper- and professional golf tournaments. 16 1 i -1W 4 I .n S r Rosa, California, Recycle America's' Today WMNA affiliates operate 18 one millionth household. Santa Rosa, gas recovery plants. Thirteen of the site of one of the Company's first curb- projects turn the gas into electrical side collection programs, is regarded as energy as part of a joint venture with r the birthplace of modern residential Caterpillar Financial Services recycling in the United States. The Corporation; five sell recovered gas Santa Rosa Recycle America" program, directly to industrial customers. conducted by the Company's Empire Combined, these gas-to-electricity Waste Management division, was pre- facilities are reemr .ring the energy sented the 1989 National Recognition equivalent of 1.6 million barrels of oil Award for Meritorious Achievement by a year. The electricity generated is the Governmental Refuse Collection sufficient to power more than 100,000 and Disposal Association. homes. , In April, a joint venture with The Among the plants opened in 1989 was DuFbnt Company to recycle plastics was a $20-million facility at the Central announced. Called the Plastic Recycling Disposal Sanitary Landfill in Pompano Alliance, L, R, the venture will process Beach, Florida. Gas recovered here will recyclable plastics found in milk and be used to generate 15 megawatts of beverage containers and sell the electricity, enough to satisfy the needs reclaimed materials to DuPont for use of 25,000 South Florida homes, as feedstock in making new products. WMI Medical Services As part of its recycling efforts, Waste Collection and treatment resources for t Management operated eight tire medical and infectious wastes were j shredding facilities in 1989. Under a broadly expanded. This market, which contract awarded by the City of Denver, includes hospitals, doctors' and dentists' an estimated 30,000 to 35,000 tons of offices, neighborhood clinics, nursing I scrap tires will be shredded. Through homes, blood banks and a variety of these programs the Company provides a other health-care concerns, represents a product that can be used in road build- substantial and growing marketplace, it ing, in playground equipment, and as fuel for industrial furnaces and cement At year-end, WbI I Medical Services } JI kilns, was collecting medical wastes from t more than 3,000 customers in 30 states. Landfill Gas Recovery With nine medical waste incinerator r Since 1985, when Waste Management of facilities in seven states, the Company North America first established its had a capacity to destroy 112 million landfill gas recovery program, the pounds of medical wastes annually. In Company has actively invested in tech- the future, Company facilities are nology to make use of energy resources expected to serve every major region of { Initswaste disposal facilities,This the country, program is designed to control gas that is a natural byproduct of decomposing Through an association with Baxter waste and, Importantly, to create an Healthcare Corp., the Company will alternative energy source. provide consulting services to hospitals. V E, zo Z 4,T' f a1 ICI ` Ti r- - - r - pw w.Yn„v-. x^,, ,asap I (F YI WMI Services" are available through County and Erie, Pennsylvania. nearly 30WMIService Centers and Waste Reduction/ Recycling local divisions in more than 160 markets. Recycle America' j Disposal Waste Management of North America is t, By year-end, the Company operated 126 the nation's largest provider of recycling landfills in 35 states and 2 Canadian collection progrPms. The Company ree- provinces. The Company is pursuing ognizes that this is an important public approximately 60 projects to develop trend and has developed its Recycle new municipal landfills and undertaking America' and Recycle Canada• services i expansion of approximately 40 currently to meet the needs of its municipal and { operated facilities. In 1989,WMNA commercial customers. acquired or began operating 13 new At year-end, Recycle Americe residen- landfills. These include facilities in . he C states of Alabama, Hawaii, Mississippi, tial recycling services were available to more than 1.2 million households i Nebraska, NewJersey, New Mexico, ] Ohio, Oklahoma, Nnnsylvania, Texas, through 142 municipal contracts . r Wisconsin and Quebec Province. throughout North America. With more than 300 divisions offering recycling Near the end of the year, the City of services, the Company also provided Seattle, with more than 140,000 house- commercial collection programs. holds, approved a proposal to enter The Recycle America' and Recycle 1 into negotiations through which the Company expects to be awarded a Canada' residential services are serv- 20-year contract to dispose of that City's ing as a model for many municipalities as t t municipal solid wasto in the Company's they search for efficient, cost-effective ! newly opened landfill in Gilliam County, waste solutions. Recycle America i customers contribute to recycling's Oregon. Ir January 1990, disposal of metropolitan Portland's solid waste effectiveness by keeping separate their !t began at that eastern Oregon facility recyclables and placing them at their under a 20-year contract. curbs on regular waste collection days. A specially compartmentalized vehicle Waste Management of Hawaii won a retrieves the separated newspapers, contract to operate the city of Honolulu's glass, aluminum, steel and plastics for major new sanitary landfill. Called the processing at local recovery facilities Wsimai:alo Gulch Sanitary Landfill, and joint venture processing plants and this modern facility is expected to serve shipment to end markets. the most populous area of Hawaii for i years to come. The Waste Management Recycle Americe servM are provided subsidiary is also Hawaii's largest through one of the largest municipal commercial waste collection company. recycling programs in the nation in San I The number of transfer slat ions oiler- Jose, California, a city of 180,000 house- ated by the Company rose to 53 during holds. In Seattle, Washington, Recycle the year. Among the new contracts America, conducts another model pro- awarded were the City of Chicago; gram that is offered to approximately Sunnyvale, California; OkaloosaCounty, half of that city's 140,000residences. Florida; Mobile, Alabama; Montgomery In August, WMNA celebrated in Santa ' J 19 1 15'11111edicaIServiceswiIIolli-rthese Eli%ironmenta111anagement in,~titutionsgaidarice onnewmedical Waste Management of North Americas i waste regidations, as well as ~rtivs to EM ironmental ;Management I lower costs by reducing and more Department provides aunique resource efficiently managing the increasing to develop and monitor waste facilities, volumes of medical and solid wastes as well as to ensure their strict compli- they generate. ante with regulatory requirements. Composed of more than 300 profession- als, including engineers, geologists, and hydrogeologists, the ENID group offers the Company and the communities it serves increased environmental protection. In 1989, the EM D group announced plans to establish a "Landfill University:" This new program will train Company personnel in the latest landfill design techniques and technoto- * x pies, as well as place increased focus oil l adapting science to waste disposal practices. In Geneva, Illinois, the new Environmental Monitoring Laboratories completed their first full year of opera- tion. Staffed with 120chemists, tech- nicians, data managers and quality assurance personnel, the EML is the most advanced groundwater protection 1 faciI ily i n the world. The Environmental Monitwing Laboratories, which analyze ground- water samples from 5,OCK) monitoring v wells at Waste Management landfills, won accreditation from environmental ngenciesinall 10 states requiring such review. During the year, more than i , 750,000 analyses of 10,000 samples were conducted. J, `Y~ , 11'JIII'rhanScrvices 7 hrough its~~'i11I Urban Service:, Inc. • ` subsidiary, Waste Manag vent has expanded into regional lawil-care acid j 23 1 1 pest control sel'vices in the past two years. Ti'l1GI-een' lawn care services large percentage of the nation',,z esti- are offered to 375,000 residential and mated G,000 municipally operated ]and - commercial customers. TruGreen f ills are not expected to comply with the ranked number tu•oit, itsindustrv, 11."'requieementsandwill beforced to with services marketed through closeorundcrgoexpensiveupgrading approximately801ocationsin25States. Waste Management of North America's ~ `VAII Urban Services provides resides- disp°'`a] facilities, which w•ilI meet or tial, commercial and industrial pest and `'need the expected requirements, i termite control. Growing rapidlv,WDII houldProve to be avaluable resource Urban Services ranksnumber three to assist the public sector by providing in sales in the pest control industry, disposal capacity: Customers are served through more than 70 branch locations in 17 states. The Outlook Waste Management of North America is ~ situated to achieve substantial future asleNanagementofNorth .l me rice serrice, Include prm lding g]Owtll,Antieipatingirzezeasedand Portable sanitation tin its relocatable ' strieterenvironmentalregulations it tCCes'andtempuraryfeneeaend j rclelMOO, R'NilSer%ices 4arepro. has developed the re; ources needed to "dcd to 1'CA Rol f touniamen Is, ethnic fc%t manage a growing and ever more alsohserie the temporary needs ts p op 1 differ nprnberOflt'acteC}IallPllgeg, erlY and construct Ian managers. t 1 In North America, Waste Management ~ expects recycling to become an integral i component of the collection services now demanded by municipal and commercial ! custome<s, Efforts todevelop partner- sh ips with slgnif icant end-users of recyclable materials are expected to 1 yield the benefits ofassured markets. Newstate and federal regulations will ensure ever greater demand for the Company's WAII Dledical Services unit, These medical waste resources- as well as a complementary waste reduc- tion consultancy-will add value to the Company's solid waste services. 1 Importantly; the anticipated adoption in 1990 of federal Subtitle D regulations will establish for the first time national standards forsolid waste landfills. A c 21 1 r Chennic;tl ~1';tste Jitln:;gement, [ nc•. coatilnued itsd-~ nunicvxp~lusiun in 1989. The CompanF, Nt hicln provides the 1 natiolti" largest capahilitY to rvtnage chemical and IM&iFdotIs wastes, achieved record financial results as improvements were reported in its hale business, and remediatiotn segnnents. A 78-percent-owue1 subsidiRlY of Waste Management, Inc., tile Colllpal%v made stn ategic im estments to develop techno!ogy and increase capacity that will enhance its resources and et'sut•e its long-term pro.yects for growth. As the Connpan}'enters the 1990s, its more than 4,400 eml,lo,Wesoperate an unequaled national network of haz- ardous waste service, treatment and disposal facilities. Chernical Waste Management t•evenue in 1989 reached S89l,94U,000, up 27 percent for the year. Net income rose 23 percent to ?144,24 4,243,000, or M.71 per I share. In October, the Board of Directors increased the Company's dividend 20 percent, to $0.03lnersh;u•e, the third increase since it paid its first dividend in I July 1937. This increase accompanied a two-foe-one stock split in the form ofa stock dividend in October. Treatment and Disposal Operations In 1989, incinerator Glcilities were j espartled to meet stricter El'A disposal t requirements for organic %\astesaIA prohibitions against hind disposal. lncineralionis vicwcdhl}•tile federal _ k government as the hest dernurtstrated I available techrulogy fur dent roy ing organic nnaterials. Chemical Waste Management, which Operates hazardous %%&,te iWi neratOrs in Chicago and Sauget, I Ili nois, has added capacity at other Connl mny locatiofns. In December, constructioln 2 1i ' 1 I r to p, ~ ~ E v 110 W .3Suu ~ ,q,afY4._r ~~a~l•: I~~~i~. 1~ 1. ~1~{~~~~• fl 1~ tt~~ ~s I~`~h~'f`~s'~~" ~ ~i ~i I ~ ~ n t~ a,. N ~ y sr w^j~~cP kf a i ~ I n ` 4s/YY~ J1 T I I K+f i ♦ h V } y:. was nearly complete on a 150-million- for these facilities is completed. BTU-per-hour rotary kiln unit in Port Facility location is a strength of Arthur, Texas. Expected to start oper- Chemical Waste Management. atingin the first quarter of 1990,this Seventeen of its operations are found in ' advanced facility will serve the disposal the nation's 10 major waste producing needs of the Gulf Coast's petroleum and states. Half of the major Superfund chemical industries. sites are within a 150-mile radius of The Sauget facility saws the startup of Company facilities, and almost all of its fourth incinerator in 1989. A rotary them are within 300miles. kiln unit, it has added 50 million BTUs New Technologies per hour of capacity: Elsewhere, plans Ambitious efforts are being undertaken were made for additional incinerators in to develop technical resources. Chemical Waste Management's science ` and technology department operates a laboratory in Riverdale, Illinois, for analytical chemistry. The Company's research and development It boratory relocated from Riverdale to Geneva, Illinois, and is expected to be fully operational in 1990. These resources have developed X*TRAX'", a patented system to sepa- rate PCBs, volatile solvents and other organic matter from soils and othersolids. Successfully tested at the Department of Energy's Oak Ridge, Tennessee, labo ratories, X*TRAX units will be oper- ated at selected locations. At year-end, a commercial version was being tested in Milwaukee prior to being transported to Massachusetts for use in remediating a Kettleman Hills, California; Model City, site under an ENRAC' contract. New York; and the sout heast. These Another system, the PO*INV*ER'" facilities are expected to meet increased process (Process Oxidation Wastewater I !r demand for EPA-mandated incineration Evaporation Reduction), minimizes air of increasing volumes of a number of emissions while treating wastewaters hazardous wastes. contaminated with hard-to-destroy At year-end, 17 of Chemical Waste organic wastes. Recognized by Waste Management's 20 treatment, storage Management, Inc. with the President's and disposal facilities had won final EPA Gold Medal Award for Technology 1 Part B permits to operate. The remain- Development, the system produces a ing permits are expected to be issued in high-quality effluent that meets strict the future as the federal review process discharge standards. During the year, 1 29 I r M the system successfully completed found in more than 40 states. I an 18-month pilot program at the ENRAC responded to the growing need, Company's Lake Charles, Louisiana, for on-site waste treatment. At the facility. Bog Creek Farm remediation site, an + Near Deer Park, Texas, the Company is ENRAC team inaugurated the first use testing a filtration process that promises in New Jersey of a transportable to advance methods of separating haz- incinerator. ? ardous constituents from liquid wastes. In Kent, Washington, ENRACis Remediation Projects engaged in a multi-year $40-million j ENRAC, Chemical Waste contract at the Western Processing Management's site cleanup division, remediation site. This represents one of grew dramatically as it was awarded a the largest privately funded cleanup number of major remediation contracts projects of a Superfund site. In Texas, in 1989. A national resource with 600 ENRAC completed a project for Geneva employees and access to the Company's Industries, removing contaminated North American treatment facility soils to one of the Company's hazardous network, ENRAC'sservices range from wastelandfills ' investigating contaminated sites to Since 1987, ENRAC has performed designing and implementing complete cleanup projects in 45 of the 50 states, as cleanup programs. well as in Puerto Rico and the Virgin ENRAC demonstrated its strong capa- Islands. In that time, it has won 40 per- S I bilities following the Exxon Valdez oil cent of all major projects on which it has spill in Alaska. Serving as the cleanup bid. In 1989 alone, ENRAC was awarded project's waste disposal manager, the 23 major remediation contracts repre- t Company processed the debris which senting a potential value of $230 million required disposal following cleanup over the lives of the projects, which operations. EN RAC also contributed continue into the early 1990'x. logistics assistance as well as informs- Chem-Nuclear Systems, Inc. tion management and record-keeping Chem-Nuclear Systems, Ines progress resources. in 1989 was remarkable. Its Barnwell, ENRAC crews were operational in South Carolina facility is the only + Alaska only 10 days after its proposal permitted commercial disposal site for was accepted, winning permits and low-level radioactive waste east of the establishing two waste processing Mississippi River. t centers in Anchorage and Seward. The subsidiary was the successful Nearly 90 percent of the spill's cleanup low-level debris was managed by Chemical Waste bidder two multi-state, Management and disposed of in a radioactive waste disposal compacts, Company-owned hazardous waste site and was selected as the preferred bidder on a third. These compacts, which + in the Pacific Northwest. include 14 states in the Southeast, ! i Another key project won by EN RAC Appalachia and the Central Midwest, will require the disposal of huge stock- represent the geographic sections of the piles of DI NOSEB, a banned insecticide country producing the greatest volumes r t 30 { i I _SA t 1 of low-level radioactive wastes. to increase ownership to 55 percent Over the next several years, Chem- can be exercised during the next year i Nuclear expects to design, construct and a half. and start operating disposal facilities for While nearly 60 percent of its revenue is ` these compacts in North Carolina, derived from asbestos abatement ser- Illinois and Pennsylvania. vices, Brand also offers technical and Chem-Nuclear also was awarded a renovation services, including scaffold- multi-year contract from the United ing rental and erection, to industry. States Environmental Protection Other segments of Brand include manu- Agency to remediate 44 Denver facturing insulation materials and new Superfund sites. Under this contract, construction services. C which runs through 1992 and has a The association with The Brand potential value of $84 million, low-level Companies, whose revenues increased radioactive wastes will be removed and more than 75 percent to $287 million i transported for disposal, in 1989, provides Chemical Waste { The experience gained through its Management with an important addi- ENRACand Chem-Nuclear operations tional service to offer to a broad base of ~ provides the Company with considerable industrial and institutional customers. advantage to pursue an important, {Waste Reduction and Resource emerging remediation market. The Waste Recovery Reduction ~ Services remediation of large sites contaminated Increasingly the volume reduction of , with mixed radioactive and hazardous materials requiring disposal has wastes will be funded by the federal become an integral component of man- government, aging induct ial waste. For several To pursue this substantial opportunity, years, Chem cal Waste Management has the Company has established a new provided its Waste Reduction Services business entity-Chem-Nuclear to American industry, particularly man- Environmental Services, Inc.-to ufactut;ngandautomotive concerns. , seek major contracts with the federal Through this service, audit teams government to dean up contaminated examine a customer's manufacturing facilities operated by the Departments processes, identify waste streams and of Defense, Energy, Agriculture and make recommendations on how those Interior, Heading the group is Earl i wastes may be reduced or eliminated. Gjelde, former undersecretary and chief The program increases the Company's operating officer of the Department of value to customers as the complete the Interior. hazardous waste manager and results Asbestos Abatement Services in more efficient disposal ofconcen- The Company participates in the trated wastes multi-billion-dollar asbestos abatement The volumes of wastes recovered for industry through a 49 percent owner- recycling or processed for use as indus- If ship of The Brand Companies, Inc., the trial fuels have sharply increased in largest and only national organization of recent years. During the year, the its kind in the United States. An option Company increased by 14 percent the i 3.3 I volumt~olvelits recycled or recovered continue to strengthen. American in its facilities and returned to the industry will be faced with greater marketplace. risks in managing its industrial Contract and Technical Services by-products. Specialized services required by small- • The federal Capacity Assurance quantity hazardous waste generators Program requires all 50 states to are served by the Technical Services "Ure the federal government group. The acquisition in 1988 of that they have made provision for HAZCO International, a company hazardous bastes generated within providing service to small and medium- their borders. sized customers, complemented existing ' Public concern and calls to clean up capabilities. abandoned toxic waste sites will increase. blorethan10,000businesses, including • Incinerationwillbecome the mandate(] automotive service and repair stations, disposal technology required for independent laboratories, dry r?eaners larger numbers of hazardous wastes. and others, are served. Among the . The market for low-level radioactive services offered are oil and solvent at.-.t mixed hazardous waste recovery • as well as collection services management, services will widen. for spent chemicals and other hazardous a The need for asbestos abatement, materialsfrom laboratories. Other ser- waste reduction and other special vices include providing above-ground services will grow storage containers and the testing and repair of underground tanks. As Chemical Waste Management enters the next decade, its network of facilities, The Outlook site remediation resources atxl technical Several trends bode well for Chemical depth will be increasingly desirable to Waste Management, Inc. The Company Americanindustry, The opportunity to is well positioned to respond to these be America's complete hazardous waste challenges: manager has never been greater. • Hazardous waste regulations will We reduc• tlonsenicrs ' ufferedtainduAr) bT Chrmlcal lSaatr Manigi merit el lmi• natedmorethan V'Iff tonaof Industrial %a-U4 I' I n the Pn st four ) earn. w4c ne Tauhken,mnnager I l nron%teredurtfun lallnrrlghfbcom l f . dinateennnudit } I team that nna4us cuytomerea to f mend% anti recom. 1 In reduce waste Rv ne rd i nn. 1 1 31 r Waste Management International, Inc,, Arabia in 1978, the Company has the leadinginteimational environmental widened its capabilities abroad to serve services organization, grew dramati- more than 12 million households and callyin 1989as it significantlystrength- thousands of commercial and industrial ened its presence in Europe, The customers in more than a dozen Company, establishing a broad service countries. network, concluded important acquisi- tions of both solid and hazardous waste Waste Management of Europe Waste Management International believes the 1992 consolidation of the 1 European Community will offer significant opportunities to expand its services, The Company saw substantial progress made in 1989. Early in the year, the Company entered 1 Sweden and Spain with the acquisition of WMI Sellbergs, one of the continent's f E, IIIII N I WIA largest solid waste and resource- recovery organizations. In Sweden, ® WM 1 Sellbergs 800 employees use more than 500 vehicles to collect and transfer i solid was to for 2 m111ion persons In 50 communit ies. Its facilities include four sanitary landfills and five recycling l' plants. ■eleJlenatemenllnlernatlonat pro Ides o mte mrs,ces In sla Two Spanish affiliates, Ingenieria t European count ties Including Den. mark, Germany, Rely, The NOW. Urbana S, A, and Saneamientos lands, 8aeden ■nd Spa In. Candido Sellbergs S.A., provide collect Ion and +4y 3erlalNoueadenadetelnthe colt rolleclion of aastn from 1he residents of the urban cleaning services to 40 municipal- nshlnpandafricultun,rlllilt of inthe Samlelrs,outsldeofWntewdra,onrof itiesrepresenting 760,000 persons shout 40 co m mu n It Its the Company err,Ye In Spain. three provinces of Murcia, Madrid and Pbntevedra, companies and positioned itself to offer W MI Sellbergs has been a leader in integrated waste management services developing and marketing waste reduc- to communities and industries in six tiontechnoZogy ItsBRINI recycling European countries, system is employed in 20 plants in The recognized international provider Sweden, Europe and the Far East, The of waste services and urban cleaning system produces a high-quality fuel programs, Waste Management product while reclaiming glass, t International's annual revenue grew wastepapers and ferrous metals from 162 percent to $388 million from $154 household and light industrial wastes, million a year earlier. Waste Management International Since introducing international city enteredDenmark inJune withthepur- I cleaning services to the world in Saudi chase of one of that country's leading 37 r r a moommmo~ industrial and residential waste comps- facilities treat about 100,000 tons of hies. The Company today serves 180,000 waste a year for 4,000 industrial cus- persons under long-term contracts with tourers. Other environmental resources seven Danish cities. Include capabilities to remediate and Byyear-end, Waste Management reclaim toxic waste sites and polluted International had entered a number waterwa,vs, as well as technology to of important markets in Italy and, recover energy and materials from through majority-owned subsidiaries, hazardous wastes, represented that country's largest In the Netherlands, Waste Management resource for providing waste International during the year acquired management services. the largest commercial waste company Near Venice, a Company subsidiary serving Amsterdam and its sw round. serves 15 municipalities whose 176,000 Ing area. The new subsidiary has 5,000 winter population nearly doubles in customers, as well as a recycling plant summer Among its commercial cus• that processes 100,000 tons of waste a tomers are the Dort of Venice and the Fear to produce an industrial fuel. In Veneto regional highway department, bioerdijk, located on the Rotterdam In the Turin area, another subsidiary Harbor complex, a 70•pereent-owned serves 700 commercial customers as subsidiary acquired in 1988 provides a well as residents in 20 communities, The number of hazardous waste services Company also operates two landfills, including a new state-of-art facility in i Orbassano. 4 In the Lombardy region, Waste Management international operates that area's largest solid waste collection and disposal company, It has contracts with 200 area municipalities represent- j ing a service area of more than 2 million inhabitants; its commercial and Indus-' trial customers number800, Northwest of Milan, the Company pro. r vides solid waste collection and disposal facilities foralmost 200 communities, t serving close to 500,000 residents, and 350industrialcustomers. Withanactive e recyclI ng program, t he division is among Italy's leading solid waste operations. In blav, the Company concluded the F, acquisition of one of Italy's largest hrouahl;eourv III In InKcnik,ncarStnckholm,llrr• hazardous waste collection, transport, northern ltaly.waeteitanage• man Taeeemder(aMre/auper• mrntInternational operaleaone tIM'peration$ataFIRIM treatment and disposal networks. Based ohhatcountry'aleading hat. recycling plant that Processes in Brescia, near Milan, the Company's mnianddispos°organIt:ation,, hoidMeteu>ear,tnneofhnuse• 1 38 f t s including thermal treatment for the in Sydney, won an agreement to operate decontamination of soils. a major transfer station for the Waste In German);major acquisitions were Management Authority of New South ' Wpleted shortly before year-end. Wales. During theyear, service was rear Dusseldorf, the Company now extended to Tasmania and its principal operates the onlyprivatelyowned cities, Hobart and Launceston, waste-to-energy facility in Germany. Wasto Management N,Z Ltd, expanded t Located in Hamlr, the plant has a in New Zealand as it won contracts to ` capacity of 1,000 tons of waste a day, provide automated curbside collection to r, Nearby, in Soest, another Company residents of Auckland and Christchurch. 1 subsidiary provides collection service to Also served are the cities of Hamilton e 800,000 residents and 6,000 commercial and Wellington. In August, Waste 1 customers in the industrial Ruhr Valley. Management N, Z. Ltd, was appointed This collection company has also been ast he officialsupplierofsolid waste granted several permits to construct management services to the 1990 and operate a landfill and treatment Commonwealth Games held in Auckland y plant for hazardous waste, early in the year. f Pacific Rim Efforts continued to develop business Waste Management International elsewhere in the Pacific Rim region, continued to grow in Australia and New whose increased industrial development Zealand and to seek additional business is expected to offer substantial opportu- in several Far East countries. nities in the future. Shortly after year. In Australia, the nine divisions of end, the Company opened a marketing k Pacific Waste Management Ltd, provide ofr" in Hong Kong to pursue new solid waste collection and urban services business in the Pacific Rim area, in the m*rcities of Sydney, Brisbane, South America Melbourne, Adelaide, the capital city of The Company continues to be highly ' Canberra and their surrounding areas . regarded in both Argentina and In 1989, the Company served approxi- Venezuela, where more than 4 million mately 600,000 residential and more people are served. than 16,000 commercial customers in In Venezuela, MASURCA, our f oint Australia, venture company, was awarded a The Company was awarded contract four-year contract extension for the renewals in several municipalities and, years 1990 to 1993 by the Instituto Metro PolitanodeAsea Urbano, Under this agreement, MASURCA will continue to collect wastes and clean N1 Setlberae prw'Ider waste col lee( ion eerv. streets for 700,000 residents in a coastal leer under contract to the ehlDDind Industry in north of Caracas. t Stockholm, one of60 Swedish communities reached area Ay Ryalefiuns`emenltnlernatlonal. MANLIBA'a strong performance in then rar~eperom, a omm retatcp' c,Ion for Argentina continued. The Company, a three years , operates com mere tat col lest ion vehicles norther ral o eo Eurropellar<ertsolid sea dresource~' partnership, COtldlletS011(?Ofthemost recovery or`anliationa, saner two minion persons. broad-based city cleaning programs in 41 I 1 , the world. Sel-Ving3 million residents nloreevident than in Europe, where the ` in Buenos Aires anti several nearly con,. economicwlificetion of tile F:uropean munities,itpro%,idescleaningserrices Community isbetllgaceomF11"O can for the heart of the city'scomnlercial, uwrneofregulaloryactirity; financial and residential area, Saudi Arabia We believe F;ul•ope is mo%,ing toward it Waste blanagenlenthas servedtile fr'anew'orkofenVIrorlmelitalregulations Kingdom of Saudi Arabia since intro- 'lot Unlike the rules and standards ducingintenationalcitycleaninthere familiar to theConlpanyinNortn in ling, rnat Arabian eC lea 11 f aninn America, The Company's technological g and operational resources, as well as its Enterprise, Ltd., the local affiliate, Was longdomesticexperierlcein operating engaged in a comprehensive program to cleanJeddah, a city of] with complex American r~Ij~rdations, residents. ,fi million shoutdgiveWaste Management of Under afive-yeat'contr'actreneweciill F'uropeacompotiti%•eadvantage, 193?, the service includes commercial The role of the private sector in waste and residential refuse collection, street cl?anagenxntandotherenvirorullental cleaning, waste transferand the o fel•a- olvices is expandingas Europe forges tionofe8aIlitarylandfi11.0ihet a singlemarket forgoodsandservices. include cleaning of npublic dfillther services Waste Dll'nagementlnternational's buildings, prospects have never been brighter Its ' monuments, ant] beaches, as well as pest control, our network of facilities 1n northern and southern Europe, the Middle East, The Outlook Latin America and the Pacific Rim r The next decade will see world attention represent the singlegr•eatest resource increasingly focused on the protection of for dealing with the world's waste and the environment. With it will come citycleaningproblems. increased regulation, Ii'owhere is this i .!e Slnnaac• 1 l meat N.7. l.ld, otters aulomntedsa~teml• i leetfun srnice to I l.worceldenis In i tuc&land, \en 7eula nd, la nddit ion to asrvlno the major c it• lesnf \•ex 7eoland, wa of a 1f enngcmen I Inlernationoleerrrs 1 he prl nc ipel cil lea of Auaralin and e 1 pnnded its service e to Tae mania in 1949, rv AA, 12 1 MANAGEMENT'S DISCUSSION AXD ANAI.YSISOF FINANCIAL CON DITION AND RESULTS OF OPERATIONS The Company's outstanding growth continued in 1939. Revenue for the year was y $4,458,904,000, an increase of 25% over W8 w•h ile net income increased 21% to $562,135,000. The basic businesses of the Company continued their strong performances In 1989. The Recy- cle Americas and Recycle Canada$ residential recycling programs expanded throughout tiw year. This service was availabic to more than 1.2 million households at year end. The Com- pany's international operations were significantly expanded In 1989 by strategic acquisitions in Europe. Results for 1989 include a non-taxable gain ($70,826,000) resulting from the public offering of 5,000,000 shares of common stock of Chemical Waste Management, Inc. In October 1989 and $70,560,000 (on n:n after-tax basis) of unusual nonrecurring charges. Results for 1088 include an after-tax gain of $11,354,000, or $A3 per share, resulting from the Wheelabre- tor Technologies Inc, transaction. Current Assets and Current Liabilities The Company Is in a service industry and has neither significant inventory nor seasonal variations in receivables. Therefore, cash flow from operating activities Is used primarily for acquisitions and purchases of property and equipment. For these real ns, and because the Company's policy is to collect receivables as fast as possible while holding payments to vendors as long as permitted, the Company had negative working capital of $156,071,000 at December 31, 1989. The negative working capital amount will likely be temporary since the Company has a shelf registration statement on file with the Securities and Exchange Commission cov- ering up to $400,000,000 of debt, which will have intermediate to long-term maturities as decided by the Company and will be used when Interest rates are thought to be favorable. The issuance of this debt will decrease the portion of long-term debt payable within one year. ( Financing of capital expenditures anal their impact on liquidity are discussed below under Capital Structure. During 1989, short-term Investments increased by $52,785,000 resulting primarily from short-term Investments held by businesses acquired by the Company Accounts rr^elvable increased by $168,112,000 In 1989 because of growth in the Company's revenue, both from internal growth and acquisitions. Prepaid expenses Increased by $44,922,000 in 1989 primar- ily as a result of additional land disposal cell preparation coats required by the anticipated Subtitle D regulations and an increase in the n•amber and size of disposal facilities operated by r the Company. During 1989, current liabilities increased by $497,684,000, reflecting the growth of the Companyb business and because the current portion of kmg-term debt payable within one year Increased significantly as discussed abore. The Tax Reform Act of 1986 has had a favorable effect on the liquidity of the Company and its results of operations for 1989 and, In the event that the tax rates remain at present levels, ' deferred taxes will ultimately be liquidated at rates lower than those used originally in the determination of the deferred tax liability The Company is presently reviewing Statement Na 96 of the Financial Accounting Stan- dards Board. This new standard requires that the Company change its method of accounting for income taxes beginning no later than calendar year 1992. Current accounting for income taxes reznilt.+ in deferred income taxes being recorded at the tax rate in effect when the deferred Income iaxes arose, whereas Statement Na 96 will require that deferred inane taxes be recorded at the rate that is expected to be in effect when the deferred taxes will be paid. At the Income tax rates currently in effect, previously recorded deferred income taxes will be reduced upon adoption of the new accounting rules. Also, in certain circumstances, t Statement Na 96 will require that deferred taxes be provided for transactk ns which prey]- ously did not require such provision. At this time, the Company has not completed its study to determine the appropriate method and time to adopt this statement, nor has the Company formulated its tax-planning strategies relative to this pronouncement. At the tinnv~ the Com- pany Implements the new accounting rules for income taxes, it may record the entire cumula- tive effect In that year or it may retroactively restate prior financial statements including 43 1 those presented In this Annual Report. Although the effect that the change will have on the Company's financial statements has not been quantified, management expects that the effect on the Company's financial condition will not be material. Property and Equipment { Capital expenditures during 1989 provided for acquisitions and expansiun of the operations i of the Company, as well as recurring asset replacements and a continued emphasis on addi- tional disposal capacity and recycling. Capital expenditures for 1987, 1988 and 1989 were as shown in the following summary ($000's omitted); 1987 1988 1989 Land (primarily disposal sites) $203,091 $ 303,667 $ 344,732 Buildings 67,704 96,709 174,769 Vehicles 104,284 226,180 267,175 f Containers 87,669 123,500 138,616 i Other equipment 211,103 284,734 433,107 Leasehold improvements 7,038 8,028 19,112 730 889 1032 818 1 375 401 The total capital expenditures of $1,176,401,000 In 1989 Include $310,361,000 of property and equipment acquired In acquisitions. Capital expenditures for 1989 Increased by 32% over 1938, reflecting the growth of the Company, significant additional investments in the develop- meet of solid waste landfills in anticipation of government regulations, hazardous waste Incin- erators and the effect of businesses acquired, particularly In Europe. t The Board of Directors has approved a capital expenditures appropriat.'on of $1,350,000,000 for 1990 including intangible assets relating to acquired buslnesses. The Company anticipates that most of the funds required to meet this budget will be generated from operations, with the balance provided by further borrowing either In the form of additional commercial paper } or fused rate borrowings, depending upon Interest rates. This will allow the Company to con. ! tinue its expansion in the environmental services industry Other Investments The Increase in other investments during 1989 was $73,809,000, which resulted from the Company's 227E equity interest in the 1989 earnings of Wheelabrator Technologies Inc. as well as other equity investments in unconsolidated domestic and foreign subsidiarles. } Other Assets Acquisitions during 1989 added $196,714,000 to intangible assets relating to acquired buss- a nesses, net. Amortization of this asset was $29,83.3,000 In 1989. Funds held by trustee for ac- { quisition or construction of $10,232,000 as of December 31, 1989 relate to the unused proceeds from the Issuance and sale of $70,000,000 of solid waste disposal re%nue bonds by the Illinois Development Finance Authority In January 1988. The Increase in Sundry of $87,982,000 in 1989 resulted primarily from a reclassification of certain receivables from current to non- current and the acquisition of non-current receivables held by acquired businesses. Deferred Items Deferred income taxes increased by $42,414,000 in 1989 primarily reflecting the income tax effect of using different depreciation methods for financial reporting wA for inco,: tax pur• r poses, as well as the effect of costs which are deductible for Income tax purposes in 1989 and which were recorded in the financial statements in prior years. The increase of $106,709,0001n d' deferred other Items resulted primarily from the unusual noru ecurring items recorded in the fourth quarter of 1989, including the provision for costs associated with anticipated Subtitle D regulations, and from rion•current liabilities of businesses acquired, k Capital Structure During 1988, the Company made the decision to finance capital expenditures and acquisi- tions by Increasing its le~vrage. During 1989, the Company continued to finance these trans- 41 WWI 7 actions primarily through the use of debt, acquiring 97 businesses for $300,623,000 in cash and notes and 3,463,693 shares of its common stock. Eighteen of these acquisitions, which otherwise met pooling of interests criteria, were not significant In the aggregate and, conse- quently, priorpet3od firancial statements were notrestated. The remainingacqulsitions were accounted for as purchases. The majority of the businesses are engaged In the provision of solid and hazardous wastes management services and are located in foreign countries as well as the United States. The Company's revolving credit agreement provides for loans of up to $200,000,000 on an unsecured basis. The agreement revolves for three years from December 14, 1988, with pro- vision for annual extensions. The Interest rate options are at the greater of the agent bank's Reference Rate or federal funds plus 1/4%; the London Interbank Offered Rate ("LIBOR") plus 1/8%; or the rate quoted by any of the five batiks when bidding on a borrowing. There is a facility fee of 1/'.0% per annum. Theiv are no compensating balance requirements or any Informal arrangements in connection with loans ender the revolving credit agreement. The agreement requires the Company to maintain cerkaln financial ratios and Imposes certain restrictions, all of which the Company was in compliance with as of December 31, 1989. The Company had no borrowings under its revolving credit agreement at December 81, 1989. In addition, the Company has commitments for bank credit facilities providing for unse- cured, long-term loans of as much as $200,000,000 at interest rates equal to LIBOR plus very- ing amounts not exceeding 1/4%. In August 1989, the Company filed with the Securities and Exchange Commission a shelf registration statement covering up to $400,000,000 of debt, which will have intermediate to long-term maturities at prevailing interest rates and could be sold to the public by the Com- pany when management considers Interest rates to be favorable. At December 31, 1989, the Company had not issued any debt under this registration statement. The Company has a short-term note private placement pn igram, for the placement of up to an aggregate of $1,000,000,000 of short-terrr: unsecured notes at prevailing commercial paper Interest rates. Notes amounting to $515,203,000 were outstanding under this program at December 81, 1989. As of December $1, 1989, 778,000 of the 840,000 Convertible Liquid Yield Option Notes ("Convertible LYONe") had been converted at the option of the holders. The Convertible LYONS, which are zero-coupon notes subordinated to all existing and future senior debt, are convertible at the option of the holder, at any time, Into the Company's common stock at the conversion rate of 84.88 shares per Convertible LYON ($1,000 face amount), In addition, the Convertible LYONS have certain call and redemption features. At their Initial offering price, their yield was 9% per annum to maturity at January 21, 2001. As of December 81, 1989, 62,000 of the 1,620,000 Exchangeable Liquid Yield Option Notes ("Exchangeable LYONS") had been exchanged at the option of the holders. The Exchangeable LYONS, which are zero-coupon notes subordinated to all existing and future senior debt, are exchangeable at the option of the holder, at any time, Into Chemical Waste Management, Inc. common stock owned by the Company at the exchange rate of 17.218 shares per Exchangeable LYON 41,000 face amount). In addition, the Exchangeable LYONS have certain call and redemption features. At their initial offering price, their yield was 6% per annum to maturity on April 13, 2012. The Exchangeable LYONS are likely to be exchanged for Chemical Waste Management, Inc, common stock owned by the Company In the future; however, the number of LYONS exchanged and the timing of exchanges cannot beestimated because exchanges are primarily dependent upon the future market price of Chemical Waste Management, Inc's common stock. Certain of the borrowings discussed above which would otherwise be classified as current liabilities have been classified as 1oig-term debt because the Company Intends to refinance these borrowings on a long-term bast.9 using the available borrowing capacity under its revolving credit agreement, committed borrowing facilities or other long-term facilities which may bmme available. 45 V i The following ratios reflect the increased leveraging of the Company's capital structure due to the decision to finance capital expenditures and acq ilaitlons with debt, as discussed above: December 31 1987 1958 1989 Long-term debt as a percent of total capital.......... 19.97 36.8% 35.5% Short-term debt and long-term debt as a percent 1 of short-term debt and total capital 22.1% 37.0% 40.3% The Company believes that these percentages of debt to total capital can be supported by ! i the Company's strong net cash provided by operating activities ($972,186,000 In 1989, ex- cluding the cash flow realized from the public offering of 5,000,000 shares of common stock of + Chemical Waste Management, Inc.), which amounted to 53% of total debt outstanding at December3l, 1989. In addition, a significant portion of the Company's capital expenditures, Including acquisitions and developmental projects, are discretionary and could be deferred if necessary. To increase its marketability, the Companyb common stock was split 2-for-1 In the form of a stock dividend whkh was distributed in December 1989. Shares of the Company's common stu, k were listed on the New York, London, Tokyo, Toronto, Australian, Zurich, Geneva, Basle and Frankfurt stock exchanges at December 31, 1989. Minority Interest In subsidiaries increased $91,982,000 In 1989, primarily because of the minority ownership In the common stock otChemleal Waste Management, Inc. Results of Operations Revenue for 1989 was $4,458,904,000, an increase of 25% when compared with revenue of ' $3,665,617,000 for 1988, which was 20% greater than 1987 revenue of $2,767,630,000. Net income waq $562,135,000 in 1989, $464,223,000 In 1988 and $327,078,000 in 1987. The results ! i for 1969 include a non-taxable gain ($70,826,000) resulting from the public offering of 6,000,000 t shares of common stock of Chemical Waste Management, Inc. In October 1989, and $70,660,000 (on an after-tax basis) of unusual nonrecurring charges. The 1988 results include p i an after-tax gain of $11,864,000 from the 1988 combination of the Company's waste-to-energy operations with those of Wheelabrator Technologies Inc. The unusual nonrecurring charges recorded in 191,49 principally relate to a provision for the future Impact of anticipated federal Subtitle D regulations which will govern post-closure liabilities related to the Company's active solid waste landfills. These charges also Include provisions for costs relating to certain hazardous waste facilities n>nt transferred to Chemical Waste Management, Inc. prior to its initial public stock offering In If A6 in accordance with the Company's agreement with Chemical Waste Management, Inc.; the restructuring of the Company's lawn care and pest control businesses; and the final write-down of the Company's ocean Incineration business. The following table sets forth domestic and International (including Canadian) revenue for 198' 1988 and 1989 ($000's omitted); + i 1987 1988 1989 r Domestic $2,661,499 $3,340,900 $3,9611253 10, International 193,131 224,717 497.661 2 ?6? f~ b66 61? 1458 904 f The growth in domestic revenue is attributable to price Increases, acquisitions and increases In volume as shown in the following table: if 1987 1988 1989 Price 4.2% 4.6% 4.79o Purchased businesses, net 16.9 11.6 4.1 i; Volume......... 14.9 14.1 9.6 Total percentage Increase 3610% 30.3% 1 46 i 4;9 1 V i The icdecre ed in in 1989 In purchased huslnesses, net Is a reflection of fewer large companies acquired n the L1nited States than is previous years, The Tax Reform Act of 1986 may have resulted in the large number of entities t,vailabie for acquisition in 1987 and 1938, The Com- PanY antlcfpates that this lower level of domestic acquisitions Hill continue. The increase in International revenue in 1959 when compared to 1988 is attributable to acquisitions in Sweden, Italy, West Germany. Denmark, The Netherlands, Spain Find Canada and revenue growth from existing Canadian operations. The significant acquisitions In West Germany and The Netherlands were completed in late 19`49, which will add to the Companys international revenue in 1990, Int,:rnational revenue for the 1989 fourth quarter totaled $160,284,000 compared to $65,894;)(10 in the 1938 fourth quarter, The Increase in Interna- tional revenue when 1988 Is compared to 11-87 is primarily attributable to acquisitions in Europe, Australia and Canada along with Inez-eased revenue from existing Canadian operations. Net Income as a percentage of revenue was 12,6%,13.0% and 11.9% for 1989 and 1987, respectively, The after-tax gain In 1958 related to the Wheelabrator Teehnologies Inc, trans- action is the primary reason for the 1988 percentage being higher than 1089. The lower effec- tive income tax rates In 1989 and 1988 were the reason those years were higher than 1987, The 1 following paragraphs contain ark+idonal explanations of the variations In costs and expenses. Recu iii ng operating expenses as a percentage of revenue were 63.4E in 1989, 61.8% in 1988 and 61.9% in 1&42 The change between 1989 and 1988 resulted primarily from the operating expenses of 1989 acquf red companies being at relat hrly higher levels and from a slightly lower proportion of higher margin contributors in the revenue mix of Chemical Waste Management, Inc. There was very little change in 1985 when compared to 1087, High levels of governmental regulation continue to have a significant effect on the waste management services industry. In the event regulation continues to Increase, which Is likely, the Company's future operating costs may be increased. The Company would expect to recover such Increased costs in the pricing of its services, Selling and administrative expenses as a percentage of revenue were 14.9% in 1989,15.5% r a in 1988 and 14.8' in 1982 The decrease in 1989 when compared to 1888 resulted primarily from an administrative cost reduction program Implemented during 1989 and economies of i scale realized from a larger revenue base over which to spread fixed costs, The Increase in 1988 over 1987 reflects the impact of increased expenditures for Information systems and increased administrative costs of compliance with regulatory requirements. " The following table analyze- the components of interest, net ($000a omitted): 1987 1988 1989 ' Interest expense $40,574 InterestIncome . (2x,401) (25,761) 18 835 Capitalized Interest • . ( ) Interest expense, nat....,,,.,,,, " " (14,414) {25,850) (&3,798) $ 276 $29,431 $ 66,W5 The increase in interest expense, net in 1989 when compared to 1988 resulted from the decision to increase the leverage of the Company in 1988. This decision also accounted for 1 the increase in interest expense, net in 1988 when compared to 1987. Capitalized f interest increased In 1989 when compared to 1988 because of significant additional invest- ments made by the Company in the development of solid waste landfills and hazardous waste incinerators. Miowtity interest and sundry items amounted to $19,318,000 in 1989, $82,492,000 in 1988 and $57,640,000 in 1987 The decrease In 1939 compared with 1988 resulted primarily from gains realized ($12,280,000) when holders of Exchangeable Liquid Yield Option Notes exchanged these notes for common stock of Chemical Waste Management, Im.. owned by the Company and gains generated ($6,211,000) when employees of Chemical Waste Management, Inc. exercised options to purchase newly issued common stock of Chemical Waste Manage- ment, Inc. and when Chemical Wrote Management, Inc. exchanged newly Issued common J 41 1 i - .x stock in an acquisition of a business. These gains with respect to Exchangeable Liquid Yield Option Notes and stock options will likely occur In the future and gains from future acquisi- tions may occur, however, the amount and timing of the future gains to be recorded by the Company cannot be estimated because the transactions generating the gains are primarily dependent upon the future market price of Chemical Waste Management, Inc.'s common stock. As these gains are recorded by the Company, minority Interest In Chemical Waste Management, Inc. will Increase. The decrease in 1988 when compared to 1987 resulted pri- marily from the gain on the Wheelabrator Technologies Inc. transaction. The income tax rates for 1989 and 1988 were lower than 1987 because 1989 and 1988 benefit- ted from the full year of reduction in the federal Income tax rate as a result of the Tax Reform Act of 1988, whereas 1987 only partially berrefitted from the lower rate. The income tax rate for 1989 is lower than the Income tax rate for 1%8 because of the non-taxable gain resulting from the public offering of 5,000,000 shares of common stock of Chemical Waste Management, Inc. In October 1989. The summary operating data presented below are classed by business groups, which are not in all cases the Bane as the industry and geographical segments referred to in Notes { 1 and 8 to theCompanyb Consolidated Financial Statements. Fnrthtnnore, unusual non- recurring operating expenses and the non-operating gain have not been allocated to busi- ness groups in the data which follonrs. { Waste Management of North America Revenue In 1989 for the Company's Waste Management of North America operations wag 4179,000,000 compared to $2,712,000,000 in 1988, an increase of 17'x. Income before income taxes in 1989 amounted to $623,000,000 compared to $545,000,000 in 1988. Income before l income taxes as a percentage of revenue declined slightly in 1989 when compared to 1988 because of the Initial lower margins of acquired companies, primarily in the lawn care and peat control businesses. Waste Management of North America is continuing to focus on land- fill development and recycling. Chemical Waste Management, Inc. i Revenue in 1989 was $892,000,000 compared to $700,000,000 in 1988, an Increase of 27%. Income before income taxes amounted to $236,000,000 in 1989 compared to $191,000,000 In 1988. Income before Income taxes as a percentage of revenue declined In 1989 because of a slightly lower proportion of higher margin contributors in the revenue mix. Chemical Waste Management, Inc, further increased Its strong technological capabilities In t support of both its bae business and site remediation projects. These added capabilities, together with its natk,nal network of treatment, storage and disposal facilities, and its grow- t Ing role in waste minimization, recycling and resource recovery, demonstrate Chemical Waste Management, Inc.s continued leadership position in the hazardous waste management industry Waste Management International Revenue for international operations excluding Canada in 1989 was $388,000,000 compared to $154,000,000 in 1988, and Income before income taxes was $33,000,000 in 1989 compared to $10,000,000 In 1988. The significant Improvement in operating results in 1989 was primarily attributable to acquisitions in Sweden, Italy, West Germany, The Netherlands, Spain and Denmark. As a result of numerous acquisitions made during the year, Waste Management Interna- tional has significantly increased its presence In the European continent. At year end, the Company had operations in Sweden, De=wk, The Netherlands, West Germany, Italy and Spain, Thus, the Company is well positioned to take advantage of opportunities which may arise through the 1992 EEC Unification Plan as well as to monitor the development of long- term opportunities in Eastern Europe. In addition to expanding operations in Europe, the Company continues to monitor opportu- nities to expand its presence in other areas of the world especially those in Aj,,.itralia, New Zealand and the Par East. 48 v i J 1Yaste Management, Inc, and Subsidiaries A REVENUE $2,767,630 $3,666,617 $4,458,9W ) Operating Expenses Recurring $1,706,169 $2,203,566 $2,828,257 Unusual nonrecurring 112,000 Selling and AdministrativeExpenees 407,106 663799 862,869 Non-operating Gain Relating to Public Offering of Common Stock of Chemical Waste Management, Inc. _ (70,826) Interest Expense 20,160 55,192 75,310 ii Interestlncome (23,401) (25,781) (E8,836) Minority Interest and Sundry Itpma 67,640 82,492 19,918 1 Income Before Income Taxes $ 64067 $ 746,940 $ 850,681 i Provision For Income Taxes. 266,989 282,117 288,618 i I NET INCOME FOR THE YEAR i $ 827,078 $ 464,223 $ bl12,135 j , AVERAGE SHARES AND EQUIVALENT SHARES OUTSTANDING DURINO IF YEAR 449,146 463,711 458,_727 ~ EARNINGS PER COMMON AND COMMON EQUIVALENTSHARt $ .73 $1.02 $1,22 'fhe tccomponyinY notes are an InteYnl pvt of Nees eletementa. i i y t d t' i 48 f ~ I. JJ 1 Waste Management, Inc. and Subsidiaries I i CURRENTASSETS Short-term Investments $ 61,064 $ 106,811 Accounts receivable, less reserve of I $16,698 In 1988 and$18,911In 1989 670,179 738,291 Empk"ereceivables 17,718 7,411 i Parts and supplies 61,630 68,383 Prepaid expenses 130,043 174,986 Total Current Assets $ 826,626 $1,086,091 } t- PROPERTY AND EQUIPMENT, at cost Land, primarily di sposalsites 0,097,783 $1,425,485 1 Buildings 293,788 415,6J8 Vehicles and equipment 2,262,224 2,981,238 Leasehold Improvements 42,132 48,681 i T ,686t827 E4,931,111 d Less-Accumulated depreciation &M amartizatkxt (991,213) (1,1971,993) Total Property and Egidpment,Net $2,694,714 $3,659,118 OTHERINVESTMENTS $ 840,483 $ 413,792 OTHER ASSETS Intanglble assets relating to acquired businesses, net $888,069 $1,061,980 Funds held by trustee for acquisition or construction 86,697 10,232 Sundry. 149,044 231,029 ~ Total Other Assets $1,016,810 $1,246,208 Total Assets $4,878,633 $8,405,209 The Accompanying notes are an lnf,egrai part of these balance sheets, s t so i i 1 CURRENT LIABILITIES Portion of long-term debt payable within one year $ 44,788 $ 348,701 Accounts payable 818,659 426,437 Accrued expenses 281,610 $17,248 Unearnedre~vnue 92,480 114,488 lncometaxes 32,041 $7,290 Total Current Liabilities $ 744,578 $1;142,162 DEFERRED ITEhIS ! f' Income taxes $ 212,681 $ 254,995 Investment credit 19,560 16,208 Other 811,842 418,061 Total Deferred Items $ 513,483 $ 688,264 LONG-TERM DEBT, less , Portion payable within ; one year $1,270,286 $116030817 r r MINORITYINTERESTINSUBSIDIARIES $ 140,979, $242,981 i y COMM ITM ENT$ AND CONTINGENCIES $ $ I STOCKHOLDERS' EQUITY Preferred stock, $1 par vahte (issuable In series); 50,000,000 shares authorized; s rwneoutstanding during theyeare $ $ Common stock, $1 par value; 600,000,000 shares authorized; 454,041,822 shares Issued in 1988ard466,782,4801n1989 454,042 486,782 AdditimWpaid-In capital 281,631 $11,687 Retained earnings 1,570,089 2,007,187 r _ ,l $2,266,762 112,781,638 w ~ Less-Treasury stock; 1,608,478sharca In 1988, at cost 28,111 -1988 Employee Stock Ownership Plan 48,488 46,621 Total Stockholders'Equity $2,179,207. $2,7$8,015 1 Total Liabilities and Stockholders' Equity $4,878,534 $6,406,209 t 61 t i Waste 31anagement, Inc. and Subsidiaries , 1 I Cash flows from operating activities: Net income for the year $ 327,078 $ 464,223 $ 562,135 Adjustments to reconcile net income to net rash pmvxkd by operating activities: l:tepreclationand amortization 2.91,983 301,672 3941796 f r Interest onUjuldYield Option Notes(LYONs) 18,003 14,186 32,015 Gain on sale o(propertyandequipment (1,318) (8,007) (6,115) 1 Contn'butkm to 1988 Employee Stock OwneraMp Plan - 1,662 1,917 Nonrecurring gain recognized from Wheelabrator 1 TechnoiogiesInc. (WTI)transaction - (11,86¢) Equity in earnings from WTI and amortization of deknedcredits related toWTItmnsaetlon,net - (5,017) (20,726) Gain from exchange of Exchangeable LYONS - - (12,280) Changes in assete wO liabilities, net of effects of , acquired companies: f Receivables (68,501) (144,615) (73,011) Pane and supplies and peepaA expenses (23,814) (27,751) (31,266) Sundry (91,998) (28,336) (47,119) Accounts payable 86,228 80,189, 66,368 Accrued expetwes and unearned ro enue 87,892 22,498 86,652 i Ir". at axes 18,693 11,021 (60617) Deferred incornetaxes and investment credit 45,169 46,260 27,292 lhierredother iterne (681) (8,486) 89,266 Mirwrity Interest In eubsidi"a 20,874 88,949 11,516 Net each provided by operating activities $ 606,636 8 750,996 $ 1,078,661 Cash flows fm investing activities: i Short-term Investments $ 158,172 $ 2,683 $ (1!,919) Capitalexpend.1tures (661,620) (892,633) (1,066,041) Proceeds from aide of property and equipment 16,085 88,970 60,291 Cost ofacquiaitlons (60,064) (303,601) (8061623) OtherInvestments 10878 (66,752) (62,683) Netcash(used for) investing activities $(441,449) $(1,216,233) $(10369,876) Tlx ammpartvlno notes are an lnteerar part of theee elwtemnia. i k 52 It" n'v:wv i t , 1 Cash fluws from financing activities: i Cash divklemxispaid $ (80,262) $ (101,606) $ (133,198) Proceeds from Issuance of indebtedness 192,016 954,918 476,816 Repayments ofindebtedness (224,701) (829,637) (78,610) Proceeds from exercise of stock options, net 24,427 6904 26,236, Stock repurchases (461666) (129,892) + Net cash provided by(used h,r)financing activitles $(166,186) $ 464,237 $ . 291,214 j, Net Increase (decrease)incash $ - $ - $ s - - - Cesh at beginning of )-ear Cash at end of year $ $ - $ - The Company considers cash to Include currency on hand I and demand deposits with banks. Supl;.=ental disclosures of cash flow information: Cash paid duringtheyear for. 4 Interest, net of amounts capitalized $ 13,167 $ 41,006 $ 43,296, + n, Incometaxes $ 133,411 $ IA,379 S 233,637 1 Proceeds from public offering o16,000,000 shares of Chemical Waste Managgeement, Inc, stock In October 1989 included act in , Net cash provided by operating activities" $ $ $ 1061476 Suplem~rttat schedule ofnoncaah Investing and d nancing 8etivitles: 1 LYONs converted into common stock of the Company $ 86,647 $ 86,004 $ 811274 f Exchangeable LYONsexchangedInto common stock of Chemical Waste Management, Inc. owned by the Company $ - $ $ 16,674 Habit ities assumed In acquisitions of businesses $ 217,808 $ 87,267 $ 372,290 I mvstntent in WTI $ - $ 249,718 $ Receivable from 1988 Emplo)re Stock Ownership Plan 41 8 60,000 $ a i 53 ---s-- - a r i a i i The CompwW has concluded that development and expan- December 81, and 1989 consist primarily of the coat lion of its foreign business would require that a portion of of purchased businesses in excess of market value of net f the undistributed earn ings of certain foreign subsidiaries assets acquired. The cost in excess ofmarket value of net 1 be relnvested indefinitely outs kle the United States. The assets relating to businesses acquired is being amortized to cumulative amount through 1989 of undistributed earnings, costs and expenses on a straight-line basis over a period of net of losses, of foreign subsidiaries on which the Company forty years The accumulated amortization of intangible has not recognized income taxes Is $36956,000 and the assets amounted to $79,764,000 In 1988 and $109,32'x;000 cumulativeprovision, netofbenefit s,forincometa.Ke9Is in 1989. $11,233,000 less than it would otherwise have been Capital I zed I Merest The gain of $70,8K000 In 1989 resulting from the public offeringg of 6,000,000 shares of common stock of Chemical Interest has been capitalized on significant landfills and Waste Management, Inc, (see Note 9to Consolidated projects under development to accordance with Financial Finsnclal Statements) was a non-taxable event. Because Account Ing Standards Board Statement Na 84. Amounts the Company intends to control Its investment in Chemical capitalized as an offset to Interest Expense In the Carson- Waste Management, Inc, to maintain the non-taxable status dated Statements of Income were $14,414,000 In 198' of the gain, deferred income taxes have not been provided $26,860,000 in 1988 and $53,798,000 In 1989, on this gain, Gain Recognitlonon Sale of Subskliaries'Stock The Company and its subsidiaries file consolkis'e d It Is 6e Compa ylspolicy to record gains from the Male or federal Income tax returns. The Compaoyb federal Income usage of previously unissued stock by its subsidiaries. tar returns have been reviewed by the Internal Revenue Service through 1981, Restatement i Short•tirmInvestments Certain amounts in previruslylssuedfinariclalstatements The Col nppaanyy'a short-term investments prlmarilycon-slat have been restatedto cof form to 1989 classifications. l ofsecurtleahaving aninvestment grade ofnotLess than NOT~L,BUSEN)JSSCODEBINATIONS I A and a term to maturity generally of less than one year. I Such investments Include, but are not limited to, tax-exempt All significant businesses acquired through December 31, s 1 securities, certificates of deposit and Euro-dollar time 1989 and treated as poolings of Interests have been Included i deposits, retroactively in the financial statements as if the companies Prepaid Expenses had operated as one entity since Inooe ion. All businesses p^ep,watbncosts for individttalsecure landdispoealcells ac4uiredthtmtghDecember81,19..adacmuntedfaras + C41 are recorded as reexpenses and amortized as the W rchases are included in the financial statements from the p date of acqul6ltkm, ; airspace is filled. Unamortized prepaid cell construction During 1988, the Compaz>y wired88 businesses all of + cost at December 31 1988 and 1989 was $48,220,000 and whkh were accounted for as purchaser for $303,C01,0001n $78.780,000, respectively. This current component ofeell cash and notes. construction cost has Increased in 1989 because of larger During 1989, the Company acquired 97 businesses for expenditures caused by the greater complexities of landfill $300,623,000 In cash aril notes and 8,463,696 shares of its 1 cautruct{on and anticipated Subtitle d regulatdona at an Amon stock, and Chemical Waste Management, Inc., increased number of larger disposal sites the Company's 78 ent-ow•tted subsidiary, acquired one Property W Equipment business for 252, 2ehareaofitscommonstock,Eighteenof Property and equipment (including mgJrx renewals and the aforementkxled 1989 acqulshkms, which otherwise met betterments) are capitalized and stated at cost. Items ofan pooling of interests criteria were not significant in the urdinnrymaintenance orrepair nature arecharged directly aggregate arid, consequent{,priorperiod financial stat e- F t o operations. Disposal sites are carried at cost and to the merta w ere not restated. The rem na Ii ng acqudsitlow were extent this exceeds end use realizable value, such excess accounted for ai purchases Is amortized over the estimated life of the disposal site. The folIN Ing aummarizes the effect of businesses Disposal site improvement costs are capitalized and acquired and accounted for as purchases in 1988 and 1989 charged to operations tnertheestimated usable life ofthe had they been acquired asotJanuary1,INS(Unaudited): site; operating costs are expensed as incurred. 1986 1"11 Depreciation andAmortlzalion Revenue wreponed,,,,,,,13,688,617 $4,466,984 Revenue of 1966 and 1980 purchased The cost, less estimated salvage value; of property and buminessee far period prior to rcgalsitkm . 640,984 148,699 equipment is amortized by ratable charges to operations proArmo revenue.... , , • toe 661 over the estimated useful lives on the straight-11 ne method Net income am reported . • • , 1 4M,22a 1 bee, 1,6 asfuNms:buildIngo -10to40years; vehicles andequip- NetincumeofIWand1089pumhamed ment-3 to 20 years; leasehold Improvements•_over thelife bumine meesforperiod prior toacquisition. 22,167 6,726 of the applkable leave. AdOuatnient for inte"Atand smarties Unn of met in raceme of market vahu of net Intangible Assets ammeaacquired tez,977o (9,881) Intangible assets relating to squired businesses as of 11ro6nma nut income . . . . 4 4111 L~M "112 66 1 1 Cash flows from financing adivitie.s: Cash dhiderdspaid $ (80,262) $ (101,606) $ (133,198) Proceeds from issuance of indebtedness 192,016 954,918 476,816 Repayments of indebtedness (224,701) (8291637) (79,440) Proceeds from exercise of stock optimq,net 24,427 69,Stu 28,236, Stock repurchases (76,666) (1291892) _ Net cash provided by(used for) tinancingactIvities $(166,186) $ 464,237 $ 291,214. C Net Increase (decrease) In cash $ - $ $ Cash at beginning of year i Cash at end of year S $ _ E j i The Company considers cash to Include currency on hand and de mend deposits with barks. Supplemental disclosures of cash flow information; Cash paid duringtheyear for: Interest, netofamounts capitalized E 13,167 $ 41,006 $ 43,298 r income tows 8133,411 E 169,879 $ 493.837 Proceeds from public offerinngg of 6,000,000 sharesofChemical Aaste blanagemnt, Inc. } stock hi October 1989 Included above In "Net cash provided by operating activitles" E - $ E f 08,476 Supplemental schedule of noncash fmreeting and financing activities: i LYONscomvAedlntocommon stock oftheCompany $ 85,647 $ 36,004. $ $1,214 Exchangeable LYONS exchangedintocommon stock of0&mlcal 144ste S1anagesnent, Inc, owned by t theCompmy $ E $ 16,674 Liabilities assumed In soquisit{ons of busineesea E 217,809 $ 87,267 1 372,290 e: investment In %VTI $ $ 249,718 $ Receivable from 19MEmployeeStock OwnershipPlan E _ E 60,000 E h3 S a IPF- w 4 ~ Waste Management, [tic, and Stibsidiarles 1988 t I Eknployee t Stock ' AMitkxial Common Paid-in Retained Treasury Ownership Stock Capital Earnings Stock Plan i Balance,jamwy 1, 1087 per 1988 Annual Report $216,060 $411,167 $ 954,037 $ - $ , Transfer in connection with 2-for-1 stock split 215,060 (216,060) Balance,danaury1,1987mrestated $430,120 $196,107 $ 953,037 Net, income for the year $ - E _ E 827,078 $ _ y Cnv,hdividends - 180,262) 78,668 Stock repurchase (4,664,610 shares) _ 8,T20 _ (13,766) - f 8,936 j Stock I asued upon exercise of stock options Treasury stock received In connection with _ 9,680 exercise of stock options 0 - i Common stock issued for ESOP 60 1,111 _ 71 - _ (1 71 _ Treasury stock received as settlement for claims - 4 Stock issued upon conversion of LYON a 10,241 74,252 _ 9,456 2,897 (10,046) - 1 Stock issued for acquisitions Tax benefit of non-quali fled stock opt ions exercised - 12,187 - _ Cumulative translation adjustment of _ 2,839 foreign currency statements - _ { $463,201 J, E1,203,692 ! 61,8M Balance, December31,1987 E Net income for the year $ - $ - $ 464,228 $ _ $ ' a Cashdivklends - - (101,606) - t Stock repurchase (7,369,668 shares) - - - 129,892 StockIssued upon exerc6eotetockoptiatss .829 (69,872) (116,435) Treasury stock received in connection with 21,021 exercise of stock options _ 64,000 Shares purchased for 1988 ESOP (2,796,616 shares) - - (1,662? Contribution to 1988 ESOP (t75,474 shares) - r _ 71 Treasury stock received as settlement for claims 4 12 ( ) _ (88, 71 - 3 Stock issued upon twnversionofLYONa 48~ - _ t Tax benefit of non-qualified stock optIons exercised t Cumulatht translation adjustment Of _ 8,780 } foreign currency statements - I[ Batt,nce, December 31, 1988 $454,042 01,691 $1,570,089 $ 28,117 $ 48,488 Net lttcornefor the year E - $ Y E 662,186 E - cob dividerds Stock Issued upon exercise ofstock Options 1,478 (8,641) (28,231? Treasury stock received in connection with _ 17967 - s exercise of stock (44 Ions (1,817) Contribution to 1988 ESOP (194,844 shares) - 1 _ Treasury stock received as settlement for claims (18,908) Stock issued upon conversion of LYONS 8,800 (16,668 Common stock Issued for acquisitions 8,464 10,494 - - - Tax benefit of non-qualified stock options exercised - 17,637 Cumulative translatIonAdjust mentof - 8,141 _ foreign currency statements - _ - Balance, Uecember81, 198P $465,782 $311,687 $2,007,167 $ - $ 48,621 ~ - - The nemmpnrwing n(A ee arr In 11`09rpl pert of tkese atatewn(N r s 0 r Waste Managentent, Inc. and Subsidiaries ra states 1 Federal Local Pon n TAW NOTES TOCONSOLIDATED Cuntmtlypayable...... $189,984 $82,166 $161058 $2671208 FINANCIAI. STATEMENTS Deferred &1,091 9,689 (7,066) 96,695 (000'& omitted in all tables except per share amounts) Am"rutawit crredit dit ....eterred (rte) imreelmen. (4,362) NOTE 1. SUINIMA11Y Or ACCOUNTI ING EM M_11 -1-1-M HIM-A-11 POLICIES The total current and deferred income to provision (bene- Rer enueRecognition fit) for 1989 includes benefits of$5,550,000 and $35,890,000, respectlvely; relating to the unusual nonrecurring charges The Company recognizes revenue when the sen-IM are discussed in Note 9 to Consolidated Financial Statements. performed. The Company uses the "deferral method" of accounting Principles of Consolidation and Foreign Currency for Investment credit, The deferred Investment credit is Translation recorded in income over the composite life of vehicles and The Com 's financial statements are red on a con- equipment, parry prepared Deferred Insane taxes result tYorrs timf rag differences in solidated basis and Include the Company and its subsidiaries the recognition of revenue and expense for tax arid financial All significant intercompany transactimis and balances are statement purposes. Deferred income taxes will be recog- eliminated, Appropriate exchange rates are used to trans- nized as current liabilities in future years as such taxes late foreign currencies to United States doliaN. becoale payable, The primary source of these differences Certain foreign subsidiaries'assetsand. IiabilIt iesare is the excess oflarover book depreciation, translated at the rates of exchange at the balance sheet date The Compaq Is presently reviewing Statement Na 96 while income statement accounts are translated at the aver- of the Financial Accounting Standards Board. This new age exchange rates in effect during the period. The result- stnrtdard requires that the Comppany change its method of Ing translation adjustments are charged or credited accounting forIncome taxes beginningnolater than calen- directlytostockholders'equity.The cumulativeeffeetof daryear1992. Current accountingforinetuaetaxesresults such tranatetian a{ustments at December 31, 19M and 1989 In deferred income taxes being recorded at the tax rate in Increased stockholders' equity by $606,000 slid $8,747,000, effect wher. the deferred income taxes arose, whereas respectively. Foreign exchange gains (losses) of ($2,762,000), Statement Na 96 will require that deferred income taxes ($2,767,000)and$2.145,000(excludingpartners'sharesof be recorded ethe rate that Is expected tobeIneffectwhen such galas and losses and net of related income taxes) are the deferred tares will be paid At the income tax rates cur- s included in the consolidated statements of income for M,, rently In effect,1,wdously recorded deferred Income taxies 1988 and 1989, respedtively. will be reduced upon adoption of the new accountir,grules. Income Taxes Also, in certain circumstances Statement Na 96w i11 The following tables set forth income before insane taxes, require that deferred taxes be provided for tranMetions showingdomestkwAInternationalsources,andtheincome w'hkhppreviouslydidrxftrequiresuchpperovisbn.Althts indkotingamountarelatingtothernepective time,theComparprhasnote mpleteditsetudytodetermIne tsxprovlaion t the appropriate method and time to adopt this statement, governmental Akinentities nor has the Company formulated its tax-planning strategies locome te l ncome Taxes shown, for the years Indicated: the rep 1991 199 1939 relative to this pronouncement, At the time the Company . omeatk,,,,,,,,,,,,,,,,,,,,, sata,9t)6 1ra3,7rr e8d4,383 implements the new accounting rules forlne"taxes, it D Dorm atbnd . . . 681163 .9a 13,623 6,299 may record the entire cumulative effect In that year or It $ dA 9d0 MUM may retrosetlvely, restate prior finaneW statements Inclu d- Sbd e-1-W7 ~ In florae presented in this Annual Report. Although the IncomeTatProvlslon(Benefit) effect that the change will have on the Compari %financial t.5. slaaa statements has not been quantified, management expects Federal Lad FwerL TOW that the effect on the Company's financial condition will not 1ps1 be material currently partible.... , . lt7s,s94 1144,2od $ 4,590 b217,eas The federal statutory tax rate in 19K INS and 1989 Is Deferre , 38,381 6,397 (89) 46,696 reconciled to the effective tax rate as follows: AmortitaUw of dekrnd InwAn .rd credit (8,895) - - (6.8wi 1981 IM 1989 213080 6661 $ Fedora! statuary rate 40.0% 11.0'1 $4.0% state and kcal tamp, net of federalbetfeft.;., 4.3 4.8 4.3 loss AnyrtltatbnofdeferredlnvcatmentcredIt,.. (IM (0,7) (0.8) Current(yM,ubk....... U70,467 $$2,824 14,966 $217,767 Nrm•tazable galnrelating to the public Deferred 87,194 11,618 Tel 69,683 ofaringola,o00,00oshares o(commmstock Amardudanofdeferred ofChemlcalWOWManagement,IN....... Imveetnxmteredit..... (8,p32,~3t) - (5,$21) other,mt s (1-9) 164 0,+03 1 bii47 "I Effects v W mte , 44.0% 87.8% 85.496 55 t ~ 1 t i a The Company has coi.+xled that deve mentandexpan• December31,1988and1989consist primarily ofthecost i sion of its foreign business would require that a portion of of purclutsed businesses in excess of market value of net the undistributed earnings of certain foreign subsidiaries assets aaau[red. The cost In exceso of market value of net ' 1,ereimvestedIndefinItelyoutside theUnited States. The assets relating to businesses acquired is being amortized to cu muIativeamountthrough 1989ofundistributedearn ings, costs and expenses on astralght-litiebasis over aperiod of 1 net of losses, of foreign subsidiaries on which the Company forty years, The accumulated amortization of intangible has not recognized income taxes is $30,986,000 and the assets amounted to $79,764,0001n 1988 and $109,321000 ' cumulative Provision, net of benefits, for Income taxes is in 1989. $11,233,000 less than i1would otherwise have been. Capitalized Interest The gain of $ 70,826,000 in 1989 resulting from the public offeringg of 5,000,000 shares of common stock of Chemical Interest has been capitalized on significant lard rills and Waste Dlanagement,Inc. (see Note 9toConsolidated pmjectaurider development inaccordance withFinancial Financial Statements) was a non-taxable event, Because Accounting Standards Board Statement Na 94. Amounts the Company Intends to control Its Investment In Chem cal capitalized as an offset to Interest Expense in the Consoii• ' Waste Management, Inc. to maintain the non-taxable status dated Statements of lncomewere$14,414,OOOIn1987, of the gain, deferred income taxes have not been provided $25,850,000 in 1988 and $53,798,000 in 1989. on this gain. Cain Recognition on Sale ofSubskliarles' Stock The Company, and its subsidiaries file consolidated it Is the Com 1 federal income tax returns, The Company's federal income pusly policy to record gains from the sale or tax returns have been reviewed by the Internal Revenue usage of previously unissued stock by its subsidiaries Servicethrough 1991, Restatement Short-term Investments Certain amounts In previously issued financial statements The Company's short-term Investments primarily consist have been restated to conform to 1989 classifications of securities having an investment grade of not less than Aand Mermto maturity generally of lessthanone year. NOTE 2, BUSINESS COMBINATIONS Such Investments Include, but are not limited to, tax-exempt All significant businesses acquired through December 31, securities,certif,catesofdepositanlEutmiollartime 1989 and treated asppooool1inggssofinterestohave been induded deposits retroactively in the tinatldal statements as if the companlea i PrepalclExpenses had operated as one entity since inception. All businesses 1 Preparation coats for individual secure land disposal cells acquired through December 81, 1989 and accounted for as are recorded as prepaid expenses and amortized ,s the purchases are Included in the financial statements from the airspace Ss filled, Unatna tlzed prepaid cell construct Ion date of acquisition. During 1988 r businesses, all of cost at December 31 1988 and 1989 w m $46,220,000 and w e , the accounted Company uacrcqbmed o168 $78,780,000, respectively.. This current component of cell cash andnforsaprchaseaf$303,601OOOin construction cost has increased in 1989 because of larger During 1 expenditures caused by the greater complexities of landfill M OW g 1980, ~ in the Company acquired ,6 shares businesses for 95 construction and anticipated Subtitle D regulations at an $tock~ cash and notes and s Manage nests Increased no tuber of larger disposal sites. the Comomparty'e , 76 and percent-owned Waste aste subeldfar blanaytacquiIncred ~ Property and Equlpmcnl the , acquired one business for 262,682 shares of its common stock. EfAhteen of Property and equipment (including mq►nrtenew•aisand the aforementioned 1989smquisitksvs,which otherwisemet betterments) are capitalized and atateedd at cost. Items of an pooling of Interests crita -we not significant In the ordin maintenance or repair nature are charged directly aggregate aid,consegl I '-ppeerlai11nanclalstate• taopeary ratbns.DisposaIaitesare carried at cost and to the mentswerenotrestata! dningacquisitIonswere extent this exceeds end use realizable value, such excess accounted formpurchmes j Is amortized over the estimated life of the disposal Bite. Tbelbllowingsummarizestheeffect ofbusinesses 1 Disposal site improvement costs are capitalized on] acquired and accounted for as purchases in 1988 and 1989 charged to operations over the estimated usable life of the had they been acquired as ofJanuary 1, 1988 (Unaudited): sit e; operating costs are expensed as incurred. 1983 1989 { Depreclatlonand Amortlzallon Etevvnuevreported 13,665,517 $4,45e,994 The cost, less estimated salvage value; of and Revenue buslness ~ i od 9 fir` property pe prior toacqulsitIon. 51D,064 145,1139 equipmeutIs amor•tbed by ratable charges to operations Fro Awmarevenue - taeaal 007642 over the estimated useful lives on the straight-line method Net[nrnmeureported 1 464,29 a W2,IM asfollowo:buiklings-10to40years; vehicles andequip- NetlncurneofWind 1999punhased merit-3 to 20 years; leasehold lmprovemenu--over the life businesses furpedodprior to acquieltion, 22,157 5,729 of the applicable lease. Atustmert fur interest and armrtiratim Intangible Arse is of tort in excess of market ralue of net assetsacqulred (92,2771 _ (9,961) Intangible asset@ relating to acquired businesses as of Pro formonet lncnme.,,.,,..,.,•,,,,,,, 4b4 tag Lain b6 ' , i S t i lssi 1959 Earnings per where as 7heagreement requires theComjAnytoMaintain certain Efkti~t of pu rchaeed busi reported ncexee . prior, •to , , , , , 4 1.02 8 1. rt financial ratios and Imposes certan restrictions, The Com- acqui4itian (.02) f.os1 panyWas In Compliance with All covenants of this agreement Pro fwmaearnings per stwre.,..,,,,,,,, S La1 i 121. as of December31,1989.Thercwere no borrowings out. standing under this agreement as of December 31,1989. NOTE 3. DEBT The Company has entered into separate committed borrowing facilities with four banks, Under these facilities, The details relating to debt (including capitalized leases) as the banks have agreed to loan the Company an aggregate of T December 31,198 and 1989 are as follows. $200,000,000 on an unsecured basis, The term of these facil• ities Is for two years expiring December 1991, with interest 19x8 1999 on borrowings ranging from L I BOR plus K% to LIBOR Commem3alPaper,hderext8o6%to$,K%., $ VA,asl $ 515,203 plus V4%.There are commitment fees ranginggfrom Viato Canadian Commercial Paper, interest 145% per annum on the unused corllmitmerft of each bank. to 1 llured Rate54 - 114,745 Tailored Rate ESOP Notes. interest There iuv no compensating balance requirements or why 7.03% to 7.28%...... 50,000 50,000 Informal arrangements In connection with loans under these tlrbenturee,Interest 5%%, due 2019.. a5o,oo0 es0,000 facilities. Borrow(ngsunder Canadian credit InApri1198b the Com agreement, Interest 10MI to 111% , , , 20,489 _ pang issued and sold Convertible Liquid rin• Solid w•aate dlspnsal revenue bonds, Interest Yield Option Notes (Convertible LYONS) Inn the the ppri 7K%to10%,due1990-erN2 165.900 165,976 cipalamount atmaturityof$840,000,000,dueIn2001,The Induet,ial remue bonds, Interest 7`4 to Convertible LYONS, which Pre zero•rou notes 8%, due 1990.2864 23,589 11.1w Hated to all exi Po,I Me a gnal- 6'k to 045E mortgage 0"085 pgl,rhk stJhgg and future eeniaa'debtvere orl~inally thmugh2016 11,984 31,402 pricedtoyleki9 ifheldtomalurityandareromertlblelnto Non-interest bearing to 124 installment the Comparoy b common stock at the rate of 34.83 shares per loans and notes payable through M. Comestible LYON, subject to 4uArnent, until maturity tJqu d "ally m ioriA n Notes, um ..upon - 121,631 &a4,e43 unless previously redeemed or otherwise purchased, and quid field d Optintereet to due 2001. , , , „ P9,8 0 24 242 are redeemable at the option of the Individual noteholders, Liquid Yield Option Natea, zero coupon- boring 1988 and 1939,111,613 and 225,298 Convertible subordinated, Interest 64, due 2012.. , 409,u5n u? ! LYONs Arts con%vrted Into3,8M,020 artd 78b8,181 shame of Total debt II,e16,Ir4 ll,(UO,b18 the Company'ecommon stock, respectively. ~ Less-current pordon,,,,,,,,,,,,,,,,,,, 44,768 asn, ul InJanuaryIRKtheIllinois Development Finance Lnng•term portion il1,27o,28e i5a1 s17 Authority 148LM and sold $70,000,000 of 7Yick Solid Waste sal Revcriue d ]oared ; bonds, SeM 19 off, maturing February 1, The longterm debt as of December 30,198915 due as Disspan follow's' Interest rate is a per aannnummrateandInterest Ispayable Secondyear, , t 872,904 semi annually on Flebruary I and August 1. The unexpended Third ear , , 80,230 bond proceeds held by the truster at December 31, IM kDYear„, I,"f,' 272,601 amounted to$1032000andw , 39,330 >eleInvested lnEurtrpollar Sixth y~earandthereaner 2x&762 time deposits And United Stateatreasurynotes. f663s1t EffectlyeJanuary1,19%theCompany adopted the -a- Waste Managgeement, Inc, 1988 Employee Stock Ownership Longterm debt due In thesecondyearIncludes $417,351,000 Plan (1988ESOP),which lsdeslgnedtoprot•idestocko t- i of Liquid Yield Option Notes, due 2012 which the holders can erahlp In the Company toil] eligible employeee at no cost to cause the Company to redeem on June 30, 1991. Such them, The CoNmppaany Issued a series of Tallored Rate ESOP redemption Is highly unlikely because the market price of Notes (ESOP these Notes exceeds the redemption price. Also Included Is facilities, designated the uSevun Y ar Wlity" ($30,000,000 $400,000,000 available under the Company's revoh•ingcredit havirtgmaturltlesofupptoseven )ears)andthe'Ten Year agreement and committed borrowing facilities which the Facility"($20,000,000Cingmaturities ofuptotenyeareb Compaq intends to extend to futureyears. The ESOP Notes may be tendered by the ESOP Note holder Under theCompany's revolving credit agreementwith for repurchase at Intervals cortespondingtotheduration of fine banks Induding Continental Bank N. A,, for Itself and the interest period. The Interest periods are selected by the as agent, t~re banks have agreed to loan the Company an Corn n she may be forseven days, one month or three aggregate of $200,000,000 on an unsecured basis, The months, The intereet , ata for any series of ESOP Notes will agreement revolves for three years from December 14, 1988, be fixed for the Irp eaest period and will be determined by an, with provislonfor annual extensions.The Interest rate indexingagepton each interest rate determination date options are at the greater of Continental Bankb Reference preceding an interest period at the rate necessary to remnr- Rate or federal funds plus V4%; the London Tnterbank let the ESOP Notes at par. ofOffered M; or quoted by any The ThereeIga ESOP,w khu edthe the undtopNotes were loaned to urchase2,7Kf)16 hate facility fee of 460"6 per annum. There are no compensating the Company's common atock. The loan, net of the Com- balance reqquirements or any informal arrangements in con• pany's contributions to the 1888 ESOP, is shown as an offset nectlxlw•ithloan eunder therevolvingcredit agreement. to stockholders' equity. 67 i 14 4 1 In May 19' SA the Company Issued $250,000,000 of S'Y4% purchase price of shares subject to options Debentures maturing bfav 1, 201A, The interest rate is a per the Replacement Planoptiis determinebe is willd b raynt theed by the Cy the Commit - annum rate and interest is payable semi-annually on May 1 anticipated that the ons and November 1. The holder of each Debenture may!rrevo- tee on economic terms which will match the acquired cam- cably elect to have such Debenture repaid on May 1, 1993 at panies' options being replaced. its principal amount, together with accrued interest to such The status of the plans during 19,89 was as follows; date. In November 1938, the Company issued and sold fieglnnl q et , ar-_ share. fan price $1,620,000,000principalamount atmaturity ofExchange- outetandin 9,309,964 80.76-1121.88 able Liquid Yield Option Notes (Exchangeable LYONS) due Available forfuture grant....... , . , • . 14,12d,646 April 2012, with the Company receiving net proceeds of Granted under 1982 Plan and the directors' - - i Approximately $395,000,000. The Exchangeable LYONS, plan... • • . 921%,042 20.% 82.34 which are tero-coupon notessubo:dinatedtoallexisting Canes fled 2'194, 166 &20- 21.888 and future senior debt, will yield 6gifheld tomaturity,and Endofyeor- f are exchangeable at the option of the holder at any time, outstrAdingo.,•,,,,,,,,,,,,,, 8,616,710 0.70.82.84 unless previously redeemed or othet•wise purchased, et the Available au future grant . . . . . . . 12,014,526 rate per Exchangeable LYON of 17218 shams of Chem:^A 'Eiv,r(sahlebyP27people atvarious date&through April 99,199't - Waste Management, Inc, common atock owned by the Con. - pany,subject toadjustment,TheExchangeableIXONsare NOTEb.CAPITAL STOCK ANDEARNINGS ai redeemable by the Company on and after June30,1990,and PERSHARE may be redeemed earlier under certain circumstances, at a price equal to the issue price plus accrued original Issue dis- The board of d1rectors has the authority to create and issue count to the redemption date. The Exchangeable LYONS up to 50,000,000 shares of $1 par preferred stock at etch will be purchased for cash by the Company at the option of t (me or times, In such aeries, with auch designations, prefer- It hehokderonJune 30,1991, and on each June30therealter ences,AMreladvepart icipatIng,optlonaloratherspecial prior to maturity,ataprice determined inthemanner rights andqualifiications, Iimitationsorrest rict[amthereof described above. as it may determine. No shares ofthe preferred stock have Certain of the borrowings shown above which would oth- been issued, q erwise be classified as current liabilities have been classi• Pursuant to a plan adopted by the Company InJanuary a fed as long-term debt because the Company-Intends to 1987, each share of the Company's cam man stock carries the refinance these borrowings on along-tetvn basis Us{ the right (referred to herein as a "Right") to purchase one tour- avai]ableborrowingcapacity underitsrevolving credit hundredth(subject toAdjustment) ofashare ofSeries A agreement, coin mittedborrow IngfaciIitiesoratherlong- Preferred Stock,$1.00parvalue ("Preferred Stock"),ata termfacilitfeswhich maybee" available. price of W5 (subject to adjustmentl The Rights are i ` tradeableonly withtheCompaq's cammuyatockaritilthey r NOTE 4, STOCK OPTIONS become exercisable. The Rights become exercisable tend" 4 In 198.3, the Company's stockholders approved the 1982 acaftertbe quired earlier fmoreuofithe Comocny's o that ra on votihas ding Stock Option Plan (1982 Plan), pursuant to which 32,000,000 stock ors person's commencement orraannouncemt!nt o a ten- shares of the Co pany's common stock were originally dcr or exchange offer that would result in hls owning S0% or reserved. The Company also has a stockoption plan cover- more of the Company's outstanding voting stock. The Ing non-employee directors and a Replacement Stock Optlon Rights are subject to redemption by the Company at s rke Plan ( Replacement',Ian) adopted In August 1987 by the of $,05 per Right, subject to certain limitations, taxi will Company's board ofdirectors,covering employees ofcoin- ex pi re anFebruary 6,1997.ThePreferred Stock carries F panles acqulred by the Company to repi ace options previ- certain preferential dividend and liquklation rights and cer- ously granted by the acquired companies. Under the 1982 twin voting and other rights. Plan, non-qualified stock opt luns may be granted at a price If the Comyoriu equal to 100%ofthemarket value onthedate ofgl'arst,fora merger or other'trransactImsafteraappe sonaequiresCom- terinofmtless than fiveyearsnormomthan l0yeare,exer- pany vot Ing stock or commences or annaruncesan offeras cisable in cumulative one-third installments, the first t' installment one year after the date of grant and subsequent exercises price of the Righ , Rh arediof cammpurchase stock of tAt t hey F Installmentsbecomingexercisable atoneyear intervais sc uirin comth lhereafterPut reuanttothedIrectore'plan,800,000ahares exercise price oftheRgh,IftheCompayhithesurvahe of the Company's common stock were originally reserved, certain merger transactions or In the event orcertAln her her vor Options for 10,000 shares are to be granted, at the time of "self-dealing" transactions, each holder of a Right may election to the board, to each person who is not an officer or chase at the exercise price of the Right, shares of Preferred fu11-time employee of the Company or any arils subsidiaries. Stock having a market value of twice the exercise price of UndertheRe~~acementPlan, thestock option committee of the Right. Rights held by an acquiring person become void the board oftfirectors(Committee)m until August l u he Pont occurrence of auch events. 19K grant options under which a total of not more an The board of directors of the Company declared a two- 4,000,000 shares of he Compan y common stock may be for-(fie stock s >fi it In the farm of a stock dividend which was purchased from the Compaq by eligible individuals. The distributed In tuber 1989, Accordingly, all share and b8 ; per share amounts in this Annual Report reflect this stock federal income tax purposes, split. Net periodic pension expense for 1982 1%8 and 1989, Earnings per share are computed on the basis of the based on a 9.6%, a 10.5% and a 1075% discount rate, respec. weighted average numberofcorn mon and com mon eq ulva- tively,Ineludedthefol]owl ngcomponents: lent shares outstanding during each yea r. Common stock 1957 1988 1989 equfvalentsrelatetoshares reserved forissuaneeurider the Service enat-beneftsearnedduring Company's stock option plans. The computation of fully ~ the dilutedearnln rsharedoesnotmaterial differ from intereatmaton 57.6(1 g5 Pe ly ptglecled benefit thatpre sentedintheconsoikiatedstatements ofincome. 'tlf,,,,,,,,,,,,,,,,,,,,, 8,4ft 4,174 5,155 , TI,efolIowingtablereconcilesthenumberofcomnm Acs returnonp)aneaeeG,,,,,,, (1,146) (8,200) (P,42 8) shams shown as outstanding in the consolidated balance tvr t amMteatiom a doferrel . . . . . . (4,693) (2,082) (1,461) sheets with the number of common shares used In comput• Net perludk pension expense . . 1406 tat 2 579 ing earnings per share: Assumptions used in amounting for the pension plan are 1988 1989 as follows: Common shares outstaruii ng per Wan-e sheet s As of bece mber 9i (neloftreasury shares),,,,,,,,,,,,,,,,,,,,,, 452,4X3 406,782 Effect of shares lssuable under stock options 1988 1989 after Applying the "treasury stock"method 2,955 2,517 Discount rats 10,75% 9.76% Effect of using e•eightedaverage common shares Rate of Increase incompensatiollI e)s 5.5% 5.6% outstanding during the year (Ii977) (8,572} Expectedlong-term rate of return onassets 12.0% ]to% Common shares used In computing earnings The following table sets forth the plan's funded status and pershare a5_y,Tll 45 the smountrecognizedintheCompany'sbalancesheetsat December SI,19M and 1989 for its pension plan: NOTE 6. LEGAL MATTLRS Uecember9l In the ordinary course ofconductingitsbusiness, theCtun- lose 1989 pagbecomes Involved inlawsuits,administraticeproceed- Actuarial preaentvalue of benefitobligatbna: in and governmental lmesti atlons includin antitrust Accumulatedbenefiitob)igatkMIncluding g g vested benefits cf4t28,018And 634,100at and environmental matters. Some Of these proceed ings December 81, 1488 end 1989, respeci.!%* , . , , sm 989) g 164) may result in fines, penalties or judgments being Pro uerlortmerl 7) ; assessed against theCompany whkh,from timetotlme, Plan assets at fdatfair value, obligation, 111011606) k7o,ot mayhavvanImpactonearn IngsforApart leiilarquarter, commmstocks, bonds and real estate. 7_1,W 95.9rA TheCompaq foesnotbellevethat these proceedings, Plan ametsiii exaesso(prglectedbenefit 9 individuallrv or in the aggregate, are material to its business obligation , . , 6 24 950 1 15,941 or Snwri&I condition. Owecopired net lose,..,., 5,877 9,671 Unrecegnlrxd aver funding at date did optSon r u0nuary 1,1956) of rinanow Accauntlr ROTE; 7, COMMITMENTS Standards Board Statement No. 8t, netj The Company Wases several of its operating and o_''`ice facilI- amortle pension cosngreuded In p epailbyears t( LM) 11 4,4i>D) ties for various terms. Rents charged to costs and expenses Prepped pension metIncluded In d in the consolidated statements of Income amounted to eApe1"of " Lao." a I28 $13,737,0001n 1987, $62,090 00 in 1958 and $82,137,0001n The Company has an ESnployee Stock Ownership Plan 1989, These amounts incline rents under long-term leases, (1988 ESOP} for all eligible non-union United States and short-term canepllable leases and rents charged as a per- Canadian employees. The benefits are based on the ventage of revenue, but are exclu lK* of flnancing leases employee's years of servke and compensation. The Com- capitalized foracrounting purposes, pany shall contribute tot)* 1988 ESOP eW''-.y'saran The long-term rental obligations as of December 31,1999 amount, if any, as determined by the board ofdirectors of are due as follows: the Company Information concerning the 1988 ESOP is as follows: C Flretyenr,,,,,,,,,,,,,,,,,,,,,.,....,..,,,,,.,,,..., 9 80,030 j. Second year............. 80,419 ~~~~1966811; 1981 Thlydyear 21,707 Expenaerecorded (contnbrtkm),,,.,..1.,,,.....I tt, Fourth year 13,702 4 Fifth year.. , , , 9,077 interest expense on 1988 PSOPdebt q 9"~p tt Sixth through lenthyears...4.......... 1 281638 Dividends on unallocated 1988E80Pshares ' F Eleventh year end thereafter Zii.051 t usedlothe1l188ESOP s 829 750 : 61~. ,4G4 ~aa Large amounts of insurance coverage for sat-sudden and ( The Company has a defined benefit pension Oanforallell. occidentalErwironmentalImpairmentLiability(EIL)risk Bible non-union dorrlestk employees The benefits are based continue to beunavailable,Tosatisfy exist ingfederal9QV• ontheemployeebyears ofservice andcompensatWduring emnlentrequImments,theCompwVhassecured EIL thehigheatrive consecutiveyearsoutoftheInsttenyears of Insurance covengeIn amounts believed to be In compliance employment. The Company's funding policy Is to contribute with federal law. The Company must either prefund or reim. annually the minimum amount that can be contributed for burse the carrier for losses incurred under coverage of this 69 C ppolicy in the event the Comptuly continues to be unsuccess. Solid Hazardous Conaolt• fulinobtaining risk-transfer EILinsurancecoverage, the waste Waste dated Company's net income could be adversely affected in the 19s9 future! r uninsured losses were to be incurred. Rewn` e . " ' ' • • E3,6:t9,22I E 91D,G89 $1,458,BOJ The Company has Issued or is a party to approximately operating expeneea 2,8%banklettersofcredit,performanceboMsandother Recurring E9201,1164 E 601,i9J E2,82A,28i f directorindirectgoarantees.Such guarantees(averaging L'nuxu%Innnrecurring....... 74((00! 58~,0M 112,000 $420,000each%includingthose provided foraffiIiates,tire SeOingand&ItninIstrative gig'enIntheordinary cour:eofbus! ness.NIanagementdoes expt•nnes L=636684,7 1 (23,122 66x,069 { not expe. ctthesegulu-arttcesw~iIIhave amaterial ndx•eme Nomgrra(ingganrrlutingtn r 4 effect on the consol id sted h navelal posi t Ion or results of public offeringofcommon 1 operations of the Comparir: stock of Chemical Wsete 1 Managernent, Foe (70,826) I Interestevense......... ,..I.,• 76,810 1 ntel a 9 Incorne . . 19,818 NOTE S. COM PA N Y'S OPE RATIONS I N MinoHtylnterestaodsundryltentn (19) DIFFERENT INDUSTRIES AND IneonebeforeIncome taars....... E$ IN f GEOGRAPHICAL ARE AS ldentifiableasacts J5,212,G(911 6406209 The Company is engaged primarily in the waste manage- Delaciatkm and atn wtization ment business. It provides Integrated solid and hazardous expense . }_s4z 1126 L U'111 S 8 J waste management services consisting of collection, CarAtalexpend itures...... Et,t31111L ii a,4n1 t 11 transfer, recycling and waste reduction and disposal to commercial and Industri al, residential Anil municipal cus- The Company has foreign uperations in Argentina, Comers,asw•ellastoother waste- management companies. Austral ia,Canada,Europc„ hewLealandandSaud IArabia The Company also provides mobile office sen•kes, portable in its consolidated financial statements. These opemtions in sanitation services, lawn care amp pest control services, the aggregate are not significant to the Company's opera- ' These latter operations are not significant In the aggregate tions in 1987 and 1988. The information relating to the Com- to the Company's operations and are incladed with solid pony's 1489 operations Is set forth in the aggregate below: waste in theta es below, Vnlted Conaoll• Thelnfo<•mationrelating totheCompanysdiffemnt statei jj ltn dated industries is presented in the following tables: 1489 Solid Ilaaardous Cnnauli• Revenue t8,9B1,2W B7 961 168 461 Wavle Waale _doled pleratln~expenses ^ 1487 12,478,891 14 Revenue,,......,... E2,l99 020E bG8 610 12,757,B9G RecunSng 62,8211,167 Opcratingexpeneee „ 1.886 .t.. e- Vnueush.onrecurring J o 111,900 908 E6 8~~ Seelxngneea~dminLtrratlvY SYI 7J4 1 86,561 1,407706,,1108 geexpense u.....tattse 4 6 expertsea.. „ 578528 L&441 M2,914 Non-otwralingggainrelatingto Itd..reetexperim 2(1,160 publlcuReringafeommon Interestlncome (29,101) etockni'Chemlce)Waste 176,8261 i Minaritylnterestandeutxlryitema, 67'mo Management, Inc. Incomebefore lneoaKtaxee....... E 684.667 Interest expense............. 76,140 InerestIncotn (18,886) i Identiflable wets intv~ b4, 83,78 S 6U4,80B 19~ r Interest and uniry lternm 18,818 Delueclat fin sod amortization l ne arm beftiv income taxes , , , 8 A 881 expense 1 19J,GCD ` 82814 231 9&9 lderrtiflableweeta E6,d19,60G "D 7 °q 68,NAno i Capkalexpenditures M I L41 L=' 11 7 1983 In 1987, I98S and 1989, no single customer accounted for Revenue . . 14.V 700197 J3.666,617 m much as 10% of consolidated revenue. Operating s expew trstt 1 79A 866 E407,010 82.207,666 NOTE 9. NONRECURRING GAINSAN1) exp0mes 1 416,04n E 147,(49 5o3 .a9 CHARGES Intenotexpense 68,192 Interest Income . . . (ea, M l) The Companyb results for 19LM Include an after-tax gain of Minurity interest and sundry Items. _ 82,02 $11,854,000, or $,03 per share, resulting from the Company Ineome beAAv inewne taxes.. , , . 11 746,819 combining its waste-t"nergy operations with the opera- Iclrntitabk aaeeta . . . 14,tn2,9 Je E e78,608 Ja,s7s,~53 tions of Ih'TL The Company contributed to %VTI an optim to acquire, lease or sublease portkmsofcert,'tinCompany dis• DepreciUim and Affvrtlrat)on posal sites for the development olnew waste-to-ener,¢y facil• expense . . 262 186 301672 1 _84,616 (ties, rights to reserve capacity at the Ctimparty's larRilis, Capilalexyetditures............ E~`c7,.D19LIf~P,DW I0421rt8 ecrtaincredits relattngtothe disposalcosts of resklualash 60 -71 I from waste-to-erwrgyfacilitdes, certain rights toobtaln NOTE 10. SELECTED QUARTERLY $150,000,000In credit FUpportfirruture;%ugte-to-energy F'INANCIALDATA(l1NAUUITED) facilities, and a muai~ipel water and wastewater treatment busirules as well as a waste-to-energy, business in exchange The fullowing is an analysis of certain Items in the consold- orapproximalely22 ofWrIscornmontitock. datedstatementsofincornebyquarterfor1988antl1989. The Company's results or 1989 Include a rwn-taxable gain Ee rntnp ($10,826,000) resulting fromthepublicoffering of5,000,000 Grua Set Per shares of common stock of Chemical Waste Management, aeWue front Income share Inc. in October 1989, The Company owned approximatel~yy 1989 Fi Q 24 W,991 .21 r t ;57,128 g 342,tpg 11,472 i 25 i 81%ofChumlcalWasteManagement,Inc..scommon $toek Snr lQuRr r immediately prior to theprublicoffering andappmximately ThlydQuarter 04,180 s5e,W 129 .2a 78%1mmediatelyafter the trans act Ion. During the fourth FourthQuartrr V2,5S9 374,A91 124,791 .27 quarter of 1989, the Company also had unusualrwrtrecur- t.1 ~t,3s2,o52 L104 P23 ring charges 70,W0,000 on an after-lax basis) principally relating loaprocision for the future impact ofanticipated federal Subtitle Dtecgguulationewhichwillgovern post -closure 1989 liabilities related totheComa 's solid wwteland fiIts. Ft"tQQunrter i a's1,1es s 06181.10 $116A39 1 ,25 p SecorxlQuartrr 111111801 410, ON 141,914 .81 These charges also Include provislonsfor costerelating to ThlydQurrrtrr 1. t88,729 495,853 151,779 ,33 certain hazardous waste facilities not transorredto Fourth Quarter _1,194,bo1 515,894 152,909 ~gy Chemical Waste blanagement,Inc, prior to Its Initial 468904 ]511541 2135 I public offering, In 1986 in accordance with the Compru~y's agreement with Chemical 1laste Management, Inc., the See Note 9 to Consolidated Financial Statements for a i restructuring of the Company's lawn care and peat control d zcusslun of the after-tax gain relating to the transaction bueinessesaWthe finalwrite-down oftheCompany'eocean w'ith%%71affecting the1988third quarter andfullyear incineration business results; and the non-taxable gain resulting from the public offerlegg of 5,000,000 shares ofcommon stock of Chemical Waste Management, Inc-, and the unusual mnre<urring charges affecting the 1989 fourth quarter and full year 1 results, REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS i tI 7b the Stockholders and the Heard of Directors of Waste Management, lne,t We hate audited the accompanying conso1dated balance sheets of Waste Management, Inc, (a Delaware Corporation) and S ubsid Is ries as of December 81,1988 and 1989, arxl the related consolidated statements of 11 Income, cash flows, and stockholders' equity for each of the three years In the period ended December 81,1989. These financial st alements are the responsibility of the Company's management, Our responallity is to express an oldnlon on these financial statements based on our and ts, out , ordance hat e r Ian and per orm the acud it to obtain rgeassonaibleaccepted ance about whether the financial statementts are free of material misstatement. Anauditinclud,+sexamining, onatest baais,evidence supporting the amounts alxl disclosures In the financial statements. An audit also Includes aseessi ng the accounting princlples'used al xt significant estimates made by management, as well as evaluating the overall financial statement presentation, We bel leve thl t our audits provide a reasonable basis far our opdnlotr, In ouropdnlon the financial statements referred toabovepresent falr y inai) material respects, the financial y positbnof%steManagc+merit,Irv. andSubsidlariesasofDec( mber$I,198SaIxd1989,an(]theresultsoftheir opeatlons and t heir ^ash flow%for each of the three years In the pe rlod ended December 311989, In conlormlty with generally accepted accounting principles, ' p ARTIIURANDERSENX CA, Chicago, Illinois, Febru ary 7, 1990, 6l I DIRECTORS AND OF'F'ICERS Waste Managt mint of Waste Management, Inc, North America, Inc, BOARDO1'DIRFCTORS OFFICERS OFFICERS I Dean L, Buntrocke Dean L. Buntrock W'llltam R Halligan Chairman of the Board Chairman ofthe Bond President Phillip B. Rnoney Phl ll I p B. Rooney Je rom a D, G Inc It President PrtsIdent Executive Vice President A Jerry E. Dempsey Jerry E. Dempeyy Controller SenlorVice President &President, Senior VicePreskaenl M. Douglas Aliman l Chemical Waste Managenxmt, Inc. Donald F Flynn Regional Vice PresWW A I Ionald F. Fb nn • Sen for Vice President Controller Sen!orVice President Harold GenhowIts Eastl5authCent nlRegion Prier It,lfulrenga Senior WePrreldent Ronald S, Baker Former Vice President& J. StevenBergereon Re~IonalVkePreeldent Secretary, Waste Management, Inc, Vice President A Goneral Mitt Reglon Howard 11. Baker, Jr, Counsel Robert C. Biggs SeninrPartner, Baker, Wnrthington, thndd C. Coleman Regional Viet ProoWnt A { Crossley.,StorwberryAWoolf Vice President. Controller (gnnxvdle,TenneoseeTawfirm) Human Resources blountalnRegton Olin \4111 Emmons Edwin G. Fklkmarl Thomas R, Blackman President, Olin Neill Fmrains, Ltd, Via President Regional Vin President If asocial advtanry service,) Herbert A. Gets Western Region Lee L. btorgan Secretary A Aaslatant Robert W. Brach Director and fan:er Chairman, OeneralCounsel Regional Vice PresidentA Caterpillar I no, (ea rth mov I rg and JeromeD,0irsch Controller eonalructlonequipmentmonufucturer) Viet President AContn&r Midwest Region 5 Peer Pedersen Willlam R Ruitlpn rry l Caudle ChslrmanoltheBrutrd, Viet President RegaonalY.VI"rredrent Mtersen A Haupt, PC• I( 'hlcago James E. Koenig JeCenlnl Regiat law firm) VlcsPresident TresaamrA L, Mich et Call le r James R,14tenon Chief Flnandl Officer Reglratal Vke President Former President, Chief Executive FronclsD.Moore EsamiulhCentndRegion rl Officer A Director, The fl rker Thomas L. Coll In$ Viet F No Co.(manufacturer anddlptributor AceIImoldeM•GoventmrM RegkyrdVlrePsvsldeMA oe Mesa n der Tru% beIti Robert A. Paul Controller Former PmWaldentrldge Vice President•Adminhtrotkm Western Region Frnt, Nalbnal Association Robert R Damteo of Manufacturen Regional Vke President Mu'tnuln Re ffW STAF'F'OF'FICERS Slephent>,Fer aeon 'IfrnibrglrbsCrerNttn Thomas R. Frank Controller realdentA. Cturnralrtrp StatfViaPresldent•Rlxk SSoutheast outheast - ReKtat Managerrtsnt llerbetiA. Cretr Richard V. Haupt I'moldeftt Staff Vice Pre# dent•L'rban C!na al Col A A ltalro A Aaal giant Ocreal Central Courusl Counsel Pen h Is M. or lm M Ronald M. Jericho Regional Vice President Psrpl kmt•Finence Northeapt ttenann SDstlufaff L t/ka Kopp Harry M. Habe4 Staff Visa PrealdenbTas Vin President A President. John E. Noel WbltMerllntServlces Staff Vice PreAklent. Asslpunt General Counsel Susan C. Nu area Staff Vies Pevoldent-Tressury ` WII llam J. Plunkett Staff Vice President, Ma Corponle Communtcallons James 0. Range Ali ft V ka PrerlAnt-Oovemunent `i Affairs d David.I.Ro ere t Staff Vkel'reak6nt-Human Resaurecp # it w• u i 62 r S • I M i i Chemical Waste Manapinent, Inc. 1 OFFICERS William R, Kataman Jerry E. Dempeey William E. Ingram Vice President President & C'hier E ucutive Staff Vice President. WSIIWaste Stanagrmentof Officer Southern Region Controller Canada f na Victor J. Barnhart Royal W. Johnson 1'alrick A. Kollre Vice President Staff Vice Prealdent- Regiunal Vlee Prealdent It Joan Z. Bernstein Midvmpt Region Controller Cnntroller Vice President & Joseph L, Pokorny Eastern Region Celleral Counsel Staff Vice President. WilliamE Marra Johnelrello Cemmunicatiwu RrglnnalVice Pre eident& Vice Prepident Thomas E.Vurmark Contruller Region EastelnRegion StaffVkePreddent- Ita ul A. I klu Eastern Region Coidrdler C Larry McGee Vic* President Roger C.Zehntner Regional Vice Pre-! lent & Western Region Staff Vice President. Cntrl]r Samuel Garre l l l Emlronmental 1 Central Jrsmes Vice President Litigation It Regulation Regional Vice Prnsldent Midwest Region Southeast tEarl E.GJelde Reg on Yke President i Donald R. Price Don R. McCombs Ile 41 Vice President Vice President•Envlronmental James «9At! ManagCment Mi we M. Roney Managernenl Internatlonal, Inc. Regional Vice P David L. McF"A Eastern Vice P 1 I resident Vice Predrimt&W sit OFFICERS Eastern Region Marketing Edwin0. hiltman John H. Slocum e Thomas E, Noel President ? Inc. IL'rban Vice President tan U. HlBl Services I Ina yd Richard O, Stevenson RSoutunRe lees Secretary. t Regional Vice Preakk-nt & V rs D,Toae karn nee, Gregory X. hirbanks i Controller Vice Preeklerd t Cwtxolle I Northeast Reglou Chlef Flnaneld Officer, Donald A. Waligren Treasurer It Controller Vice President•Envirunmontal George VandelTolde Vice Prestdent-Sclenee& EUROPEANAND Managrfncmt Tcchnokryty REGIONAL OFFICERS } Thomas A. Will RabaIJ,C Coyle STAFF'OF'FICERS Secretary Regional V~Preswent Richard L. Ancetel Northern Europe Staff Vice President AlaanderL, Presiea Michael E. Andrews STAFF' OF'F'ICERS tteLaslglundVk+Pceadent nAmerka Staff Vice Prealdlrnt' Johan 8 Keyer Joseph M. ilolsten Edward V.naldManagemmt Sta.KVkePreeident. Vk#Predderd•Pinance& Staff fVice om MldweetRegion lncineratkmMsnager Administration tnlnrmotlon il Preelde Raymond W. Rock Europe Systems Staff Vice President. Joseph E Jack t lame 0. LsPurle ENRAC Project Development Vice PmeWent-Operatkru 1 Staff Vice Rwddent• Mich ael J. Cole Ell rope Recycling Vice PreeldentAController Richard A.Jethey MlchaetRKoyan Chem-Nuclear systems, Ino, Regional Vice Preement Staff VIce President • Gregory N, Edwards rucine R%4m tl Flounce Vice Preatdent•Adminletrotlve A Richard R Lauck 1 Managemsht Servicea Regional Vice Pres"em Chem-Nuclear Environmedal Italy Services, Inc. FrankC, Schroeder III Sleven J. Guerrei iaa Vice President. Staff Vice President. Corporate Development Western lteg{,mController Eutwps Harold W. Inyolhe P. Eric Sellers Vice President, TreasurerA Ge rslCounsel•Eurvii Chief Flnanctal Officer George Vtlta sous The Brand Companlee, Inc. Re &&I Vice President Ihclan PenimulaN Iddle East 6.3 , Waste Management, Inc. 1989 Annual Report q COMINIONSTOCK I,ISTINGS 10-K INFORMATION he Comparty'e commom sto%!k is traded on ybu may obtain a copy of the Waste thoIv'ewlbrkStoekExchange under the Management, lnc•1989Form 10•Kat i symbol WMX. no coat by writ ing to: Thecommonstock isalso 11stedfortrading Waste Management, Inc. on the Lon&)n, Tokyo, Toronto and Frank- 3003 Butterfield Road furtStockExchangos,The,Australian Oak Brook,Illinois60521 Stock E xchange and the Swiss Stock Attn: Corporate and Public Exchanges in Genova, Zurich and Basle, Affairs Department COM MON STOCK ACTI V ITY TRANSFERAGENT The table below sets forth byquarter,for ANDREGISTRAR t the last two)vars,thehlghardlowsales Harris Trust and Savings Bank prices of the Company's common stock on 811 West Monroe Street the New York Stock Exchange Composite Chicago, Illinois 60606 Tape and the vo,ume of shares traded as re ppoortedbyThe Wall Street Journal DIVIDEND REINVESTMENT (Midweatedition),after giving retroactive AND STOCK PU RCIIASE PLA N effect to the Nv-for-one stock split in the The Waste Mena Dividend form of a atock dividend whkh was dis• gement tributed in December 1089• Reimeatment and Stock Purchase Plan provides owners of the Company's stock a eanvenlent way to Increase their holdings 1F'i rat el 78,9 ti'olume olume through automatic reinvestmentofeash, aquauarter rter r 78,g81~800 dkidend voluntary contributions of Se between and 92 000 per month, or Third Quarter 78,667,000 ' a combination of the two Fourth Quarter. 81,428,800 - ~ 'Neste Management stockholders may J High Low enroll In the plan at ay'time. Forfurther First Quarter 19% 16% information, write to: 1 Second Quarter 18,45s IW4' WROWMarleMink ~ I Third Quarter 21 17 Harr Is Trust andSaringaBank Fourth Quarter 21% 19 811 West Monroe Street Chkago, IIIInols601f08 1989 Volume ANNUALb1EET1NG 4 First Quarter 61,134,200 The AtmualMeeting ofStockhokknwlI Se Quarter 67061800 be conducted at 2*pan. Friday, May 18, Third Quarter 57,148,600 1990, at the Drury Lane Theatre, Fourth Quarter 64,883,800 100 Drury Lane lillinois High% 83 and Roosevelt Road), Oakbrook Terroce, High Low Illirds• FlrstQuarter 229Ae 20% Second Quarter 27A 22A ThlydQuarter 8355a 2514 Fowth Quarter 36% 29% f N At March 1, IM, the Company had approximately 29,100 stockholders of record. g V i i O a• Waste Man ement Of North America Y~ The • • leader in • servic~ v. i J i i i irwksAkxW waste mansAmm and 1 1 i Servkes . :104 PnpEP, y`, l~ 1 A ~r, r e K h Solid Waste Collection ~,,.•c a yt. 1 I ninutc r, i,~! t t to c~ An exclusive solid waste pier on,, half million cunamcr' cofiectlonltfunsfir system cial. Industrial and institu being Intr cloced to the DninA dotal customers depend upon Through Waste Mattagemeut of North Sto1l'aics lci and and Canada at of North managi Amertrl coulpanlPx for clean, America, cast efGetire, containerized, solid waste collection and This revolutionary rww system rcychng, consists of light weight, low The Company provides spe. Thn,ugh kt'yde America"' and cities and lawns Ihnwghout profile cullection vwka wille. i cially aimed containers rang Recycle Canada" pmgranis, the t'nlied States and Canada. Ing detachahie and exchange Ing from I~ cubic yams to So over :00 (taste Management able, enclosed amtainer bodies cubic Yyanh, many ' equipped By contracting wlih V'astc and a 14%IS'" transport truck operating compauls are nraw Management of North America wfilch ran carry up to 3 fall wpb stationary compaction pruOding nti)cling and w'astc r.nt anics, man of iliese eontalners In one load systems to increase capacity reduction aervlces to m Illons P Y Im a reduced costs and and Pa ' Yload. of residential and industrial Isnpr prvve eed their eir cullecllon 1Y'hiS" Is deslgtnd ko yulckly, customers, service, yufctly and economically col Is' 4"t o, o l f n} lct and transfer municipal Your community or business iaiste Management of North wastes. 1'he need fir dedicated Waste Manugemert of North will kiii-fit from this cost' Smerica residential collection transfer stations and equip. America Is tlse loader In efhctise Winology by tmlpIng e.rvkes eliminate the ruccl Gor meat Is elhnlnaled, rct~urce conservation and to reduce the problems and expenditure of public funds Gar I cychng, cost of solid waste disposal, equipment and facilities and Whir advanced rcychng plant% provlde a budget for the term s and specially designed vehicles of the contract or frarxfilse that lranspottpre sorkvdglass, lie"Idclot inl.S(r%k + agreement, I, metals, plastics and paper, %We Maaagrment if lrbrill `d'as1e Management has refined ia,aste Managentemt of North America marrttairu a leading the technology of rcy'cllog Amerlcacompanlespruvlde Wjgv Transfer n1gelot sddenf*arlw4 rAble materials to sopblsti- collection services to millions Nv sic Itas denNal erdlkOrm and irinn ealed levels of households in hundrejs of +aNre ntrLG WWI r l'1099 As the availability of clone' In waste pr xcssing and sanitary 1 landfill capacity bexbmea less common, Waste Management of North Amorlca transfer stations provide gmernment and commercial rostumen with cost effective and dependable solid waste Irons portatkm and disposal Thew slations transfet cut leckd wastci from smaller i vchlclts Imo larger, over the. road semi trailers Gtr ecotwmi- r ral transport to distant pucss centers and sanitary Iandflils. d, 1 i E 2 Sanliary Landfills Groundwater Wifliorlog Waste Management td North America has gruun Into the cominentb largest groundwater monitoring organization- public or private-with more than SAGO Individual monlior• 11'aste Management of North Ing points it Company waste ! America owns or operates, processing and disposal sites. i through Its affiliatW compa• Each of these monitoring ! nies, more than 125 sanitary points Is sampled routinely to landfills Incorporating the insure protection of health and newest technology In environ. the environment. Samples are mental protecilon and analyzed in the new, state -of. monitoring the art WWII Environmental The company Is committed to Monlmring Laboratory In providing secure deposliorics Geneva, Illinois. for ran -moveable waste and Dedicated In October, 1998, the to Issurinqq thst each site is laboratory is equipped with trgineered, cc nstrix kd and robotics, Inductively coupled operated to ofhmize environ. plasma spauomMers, I mental protect on. s autoanelyzen, gas and liquid ~ The Companyli Environmental chromatographs and mass Managemenl rxpartment is spectrometers capable of estahllshing new standards fur detecting chemicals and eon- ; the Industry in design and slituents that are present In Viole Ikinagemepil sanld+ry construction of sopphlsncated only a few parts per blllton. land lb are &wlgned, rsdrrr- landfill linen (boih natural I afed nod nroutlomW to m(t9 and synthetic} and leachate i etaImnmental standdrtdr as collection and treatment sys- urll im r(,nrnnoills, solid toms to prevent accumulation vw,* dopf4val neV&~)r Ow of rainwater and other hyoids f,luYe, within sealed disposal cells, baste Management of North Amerks landfills are designed to meet long range community . P4Wfc, compurerL•ed analyt needs for usable recreational, fral equipment at our new commercial or Ilght Industrial EnrAunmenlal,4k,rrlhning preperlles, or a open pre, Laboratories In Gmerrr, l11b serves on which native plant noes, plan 1444e Akrnew and animal life can be nur• meat at lbelbrefr,nl In Lured W the bencht of future grtnmduarer prr frtllnn. generations. 4 - Technology and Environmental Services I,undffll I;us liCC'uvrr~ Waste ,itlanagemem of North America combines state of the• art ItOm4ogy with environ. mental expertise to pro%lde communities with a rtmewable erxrgy' tssource that is pro. duc d naturally within the modern sanitary landfill, ~t flue to Its methane content, landfill gas has a heating value o! approximately 500 BTUs per cuhie foot, roughly half that of natural gas, and v y. can be used as a medium BTU fuel almost anywhere natural o gas Is used A typical gas wowry facility will generate enough power to serw 8000 households The company built its first landfill gas to electricity facii Tbls lrarblle ! r s By in 1985 and new has gas n at nr nl M rnery plants operating in rem wade a rraburlxln rhprA 14 st atey, prrkesring and d c~pgpd CenterAllers Conlawnelales and re0pres aaler pumjwd fiom a'ilbfn Ifw landfi!l~irr syb relrare twk 1ri the vuclfrrnnrew Rive It rY F f rnCrb,ere 4(R 1, ,th'n Cralt, des PIC f p)Il1'r 110 derrPUdYInIte1141 f lblr Minfds /dtOtt' 0 wre if rN rr'dlx ui61e 111ptr(g'vii 'Pit 1,s hl *q /U riHLH'Ne F)UP n' 1114 red I51CCilrn'rlc .~I WMI Medical Services i 1 7 %'aste Slamtgcmert of Sixth of medical uameIndividual Americak %Ml 5k'dicai Sere cnsiotncr needs am deter lees u4s the Industry st,mdaud mined thrnigln waste asetss in sAving medUal vc,tstc mcnt grog h m In Brun m0ce prohlems, VdWAtiOn vide proper guldanue and As an authority in medical training for health care staff wa.tite solunoils. %y4 cledical in the initial handling and kY41ce"i will provide the storage of medical waste no t proper storage, collatlon. minInn& cwt and nnixinitze transport and final treatment safety A'htl Sledlcal Service's utVlitcs a dedicated system of leakproof containers handled and, trans ported by sp'claliy trained driverktichnld,,rs by clowd, mirlgv'rwacJ vthlck's etjoiMd with a spill cnntalnmeru sysumn, lb assum comistem destfuo tion of pathogmile and i chemoftrapAc waste, high Icnoperature Inclncritlun e I Is used. the resulting Irert ash is ensinrnmenlally accept able and safe and dtspnsed of in appropriately licensed land- fills in accordance with gov cmnent ngulatlons. hianih'at control and aeeur'ale mronikttiping provide comph once with federal, stale and kraal itmemmcnt mqulre- menu. Fuflrowingdispoud, a certificate of destruction dneu 7 r line 1 lhrhibl) cur f dsnlrro menu compldo and proper eoxstelesl rh:dnrcabrn rJ diy omal rill merlical oWeit,v1! Iledierrl Reri it es uses AIgL 111"I[ 'mrlnrv Aariuenrlrun, Ilrr moot cnnoph'le melborf r f Imrrfrucrrl q,tfl iledli dl.q'rrlces per I Wo f'rg4'r.d mike. Own filing end lmmsjp)rl f or f,miwe rlesirrnliorr r~ n.ra ,%I! it rrzh' { °2.~ } Its d' 1 'EEtt 1 • I WMI Services - j U'aste Management of North li irtirrl ;n s 14p.c1 r America's VS Stl ScrSkea'" offrrs a complete, stngJe source, lira'! of temporary services For Vt111 ~trslces" can IMAide { construction sites, special complere li slallation, muinte 1 etents and crime and disaster Hance and removal or nn sic ' Merits, . , r rtrr,,'S~~ ea'Irical seniie 111011ble 4 nit213nn i It imporavr I eno iiig 1i'Nl Senices" and PurFO q;511 Grskv.` orkrs Instal Ia Let' have more than io gears i? Lion and rtnwtal of tumprrary f of exp rlence in providing g' high wirity kncing, 4' high quality porwhle mnit,rlon cnlwd control fe cing and se'rdces for construction sties concealing mesh Mreming, and special event planners. Yorlable 1lodnl.lr Rolf Olf I nnl.tincrs (Ipen top, sntid waste roll off Nlrltc contalmrs arc avalible Air with ever 15 years of industry Immediate delivery In a size to leadership, Uutairn' aid titi'SII fit your needs. The containers 1 Senkes'" can Instantly meet can be leased on a temNr;ry your portable structure and or permanent basis. lempinary Office n'yulrenov* r,(r! ,1'Frr ear " l+n,e ides /N o rl 3 Will. Storage- ( onlairmrs 1 .~dH!lrllpgi, 1N1r1/xinl(i' 1' ti511'Cr1111K n//iii'rh'nl/rrinirt fj 9d'r,Y dlNf portable on site Mtvrity Mor 1A MI Servkls'" offers eomplcle ndnlcr! sCrrkes. W ndrLri°n Age conlainers am mallahfe for v contract and commercial !n r/lhrh l solid rrrr,11, rrdhr your construdhm site, spedal Iweepkng senIay Air high- lmrl Fcrlrrr.r h,1a18urni noes (nerd or pnoJat conslructloq ways, parking lots, spatial rlrr,rlN ax ko f halrvlruarrl7r. 1A'hatracr our urban scrvk'e e5'citU and eolutru<'llun 5i1cs Igd~lclk' ri lpli.), , furg rilrklr tked+ , Was w Ma nagwment of rids rea r I o ldls'r rudJrrrrr Nocth AmericA and its more fralrlunrc t than Stgl operalingcenter% have the people and service Capability to serve yea better ICJ ! e a Check lour kxal nd calliylx r Nal wame ages Management of North America I company for more Infonnatlott Ir r ff,Xr i a i Avg%. waste +r. ru Bwortield •o: Brook, r 60&21 :11 i row t``• k I` LIM, L ~~1 l I III I -A Ilk I 11 I ~ I fjl I I t { WINE, , 9 1 Managing Community Waste Requires A Yattnevship. Each day, More and more communi- resources that can be used An Integrated Waste Americans enough municipal ties are recognizing that an again. Management System: waste to fig about integrated program is These programs •WasleVolume Reduction 63,00 garbage e trucks. needed to cope with the include systems for recy- -Curbside Collection Managing this 154 million tons of munic- cling, waste volume reduc- of Recyclables Mana stag- ipal waste generated each tlon, resource recovery and -Composting of Biodegradable gering load (421,000 Wastes year. Waste Management environmentally respon- tons) has becomea crif• tvorks in partnership with Bible landfills. • Processing and Remarketing of /cal Issue for virtually Recyclables communities to develop Waste Management every U.S. city. And the Ir , Incineration/Energy Recovery problem looms larger comprehensive solutions has the experience to inte- @ Landfills (Land Disposal) which adapt to future grate all these services into each year. • Recovery of landfill Gas ~ There are no easy growth and help recover an overall solution, answers. Across the 't'ile Role Ol The Landfill. nation, communities are recognizing that This brochure covers one still leave behind residue of efficient waste manage essential component of a no commercial or public mentmusf Involve an ° complete waste system, value. These residual Integrated system of the modern sanitary materials require the safe several programs landfill. The landfill plays and environmentally secure working In harmony to an important role in waste depositories that a reduce, recycle and disposal because recycling, well-engineered sanitary safety manage our waste reduction altd landfill can provide. wastes. resource recovery efforts 4 j Only by working together toward these solutions can we manage the waste problem effectively. J yr,a. R 3 ~ 6 t r ~Lr.a E 8.♦ Mir, I R y 1 I11<xlc:l•11 Landfill Design. First, an assessment is systems, leachate y made of the capacity which collection, methane gas will be needed to meet management systems, current and future needs. landfill caps, litter control, Once a capacity goal is landscaping and perimeter, determined, geologic security, surveys are conducted to The overall design study local subsoil and protects environmental groundwater conditions quality, ensures reliable Engineering drawings waste disposal service and are then created using maintains community sophisticated computer property values and quality technology. The design of life Q; includes a variety of a safeguards including ilner I I 1 Nwv,Ic 4rnvri,d~(urh.ulc i'nllc, In n R Nr•I, Ic 1nIrn, 1 I'nn r..wg S f Pnb'r Hrv,JM 11.rr• rid, l,r " 4+n1 X111,nkoinu M ~ll 1 I l \4 d rin ll d,lc I~! t nC1r, l.n. doh I' 11,1~Ir 11 irrdprunnl 1. lh~1\,II.I le,a lrr In I'r1 r,r„ Iv, c. >e' I I h I.unOdl'Vi 1.I ,,1 m 1 ~Ty ~ r ~,(~'!rw~{~ ,r f r niniii'I 11 ! .I 1110111 I q•1cn v7^' II \i rid \m1rl l A,nlr V.InJU Vn. nl 1.1ndh11 :I, \1 .nlr \Lin.lo 111 111 1 IrIIIl,ll i 1 1 *Y fi e Designs That Preserve ® The Environment. Waste Management owns Several of our landfill sites and operates morethan 120 have actually enhanced the sanitary landfills throughout natural wildlife setting. North America. Many have With today's 46 , earned awards f rom national technology, environmental wildlife and environmental responsibility is no longer groupsand other national justaphrase-itisa organizations, commitment. Monitoring Safety. Sophisticated monitoring of its kind in the world. The environmental engineers, systems are an integral part fully computerized $30 hydrogeologists and soils of Waste Management million facility is dedicated engineers, surveyors and landfill designs. The exclusively to the analysis of monitoring technicians - e performance of barriers to more than 15,000 each specializing in sanitary prevent leachate leakage groundwater samples landfill planning, Into groundwater must be gathered each year from engineering, construction, constantly monitored. The more than 5,000 Individual and monitoring. natural production of monitoring points at the We proudly maintain methane gas over time waste processing centers standards within our must be planned for and and sanitary landfills we company which are often managed. Each Waste own and operate more stringent than those Management landfill site is throughout the U.S. and of the regulatory agencies + also backed by the world's Canada, that supervise our f largest, most highly In addition, Waste operations. qualified environmental Management sanitary These high standards management organization. landfills are overseen by an have earned for Waste Our Environmental Environmental Management Management the confidence Monitoring Laboratory, staff of more than 300 and respect of communities located in Geneva, IL, Is the professionals. These and businesses throughout largest, most sophisticated include civil and North America. 4 a Protecting The Site, And Its Neighbors. Our company specifically tion are allowed to enter. prohibits accepting liquids All industrial wastes are and hazardous wastes at reviewed to ensure they are any Waste Management non-hazardous, and staff sanitary landfill, To enforce are trained to spot and this policy, Waste Manage- reject unauthorized wastes. ment landfills are equipped Each day's refuse is with 24-hour security. Only quickl;•:zmpactedand authorized vehicles whose covered to guard against cargo is subject to inspec- pests and to prevent litter. 'a . r Recolirering Valuable Energy, Advances in technology Methane gas is created pipeline quality and sold to imported crude oil each have made it possible to through the natural decom- public utility suppliers. It year, thus reducing the j extract valuable energy position of organic solids can also be used to meet the nation's dependence upon resources from the natural within the sealed, oxygen- electrical needs of the land- imported oil decomposition of commu- free environment of the fill site itself. Waste Management has nity waste. Our larger North modern sanitary landfill. Several of these spe- helped pioneer these tech- American sanitary landfills This gas can be cleaned and cially equipped sites are pro- nologies and is committed extract, purify and convert sold to nearby industrial ducing the energy equiva- to their potential for con- waste-generated biogas/ customers as a valuable lent of several hundred taining the costs of commu• methane Into electricity, fuel, or further purified to thousand barrels of nity waste disposal. Modern Landfill tJpstem A. Ri•ic lldn.I kenn'nl L.mdlill. ! I Ln c I ar nrd .M.u)) P.m Irunnx indl and (Aal In I u nlly C 11"a" at plant Lmachate dW 11, AN n nl. H Gn umJr.Iter?haril'ninp i entralia Removal 'it As protective C. I, iIxc,W. In (4rl al mk,NCr Iv%lin)i Collection Cap p. uur 111I I utill4 m Ihrchr mrnclltal G" Well -..«.,,.............r-....T~•..«..,. pfinirrtlnp i..llw r.rb ir). plain @. 2) I{rllr 1idrr r siic 4inril)' I IV, l iii 'I 'Li rhiP l'1Ilk yr rd h~ ItAI n trod L.I ndl11l 6.11 r) CoIllMunu, f-1 IN rr lnH K'k pc I IV I:mdlill ~LlC r)i do r!) and Spat 1 Va•ic Cun yv mcn14 (If a %II Klorn mr, Nr. 11,uuyio¢mItl Luullll I table 1 Returning Land 1 To 'I'hc Community. All landfill sites eventually Working with community authorities who own the reach the limits of their planners, we can help create land. Waste Management capacity. Waste a useful piece of property landfill sites can be planned Management's responsibility that can become an asset to for conversion into ski hills, for its sanitary landfills the neighborhood and golf courses, wildlife continues long after the site community. preserves, nature trails, has been closed Many of our larger athletic fields, biking and I This responsibility sanitary landfills are being camping areas, equestrian includes a commitment to developed for recreational trails, sledding and toboggan helping return the completed use, some in cooperation slopes.. even an outdoor r site to community use. with parks ind recreational community amphitheater. J ~ 1 4' iYdkV'.^.. I f ' 1 \dpirr\❑u lhld t „Iohlt It ',I I.,III It Ill tidr H \,inur 15c4 nr 1. yKU1.Vh kI Ili tI III LI. In I'. pk Ir dtrilI I h 1 rrd4 Ir Ilmlb.Irnpi, ni.hgri4dl 14NbV'l hl[1:11(11.171 d i nni dl'I r, M,.' q I'll, I Ill'? p. nbm d Ihr LunII JI r Jig t,10 1',' 1 gr,0.uid I Khll 4TC' rli. (aniH inltd. F t 9 Important to note that typical waste trucks are only one-half th9 weight of gravel or Iractorrsemi-trifler trucks. Before leavin j the landfill site, trucks will travel at least one thousand feet along an Internal paved road, where they will discharge mud from Sentry their tires before returning to FM 407. The Is this landfill going to be a huge eyesore? No. The entire landfill site will be landscaped, and Sanita the active areas will be shielded from view with berms and screening materials. The actual working area open to take trash will be only one- quarter quarter cif an acre in size. Who Is Sentry? Sentry Environmental is an f organization of highly qualified waste Denton management, engineering ring and land development professionals. Members of the Sentry team have extensive experience in siting, developing and operating landfills and hold the highest countyl landfill management certifcations awarded by the Texas Department of Health. They have contributed to numerous waste-management j planning initiatives of local governments and have been extensively involved with local, stale and national solid waste management Some Important Facts associations. The Sentry Landfill will serve the needs of and Answers to Frequently ' Denton County, safely and economically. The I~ tt Sentry Landfill will help meet the waste Asked Questions management needs of Denton County well into the next century. This carefully designed, responsibly built and diligently run facility will contribute to the economic growth of the area, protect the ! safth of Its citizens and stand as a model of rtaponsible community waste management. For more information on the Sentry Landfill, pleaca cell the Sentry Environmental Hotline, 817/848.8800. 7 Denton County Is on the move. Growing Why Is the landfill needed? Existing Denton What businesses such as Alliance Airport and IBM are County landfills have limited remaining life and will as ha about hazardous wastes? Wastes identified expanding the region's economy, helping to attract be unable to meet the future solid waste disposal as hazardous or radioactive will not be accepted. q new residents and new needs of the area. By addressing the longte special industry h the area. arm Some handling non- will be hazardous accepted, wastes but only if requiring they conform To be prepared for its bight future, Denton disposal needs of the region, the proposed landfill County needs to make sure that essential will insure that waste service costs are competitive to Texas Department of Health requirements. The services such as roads, utilities, sanitation and and kept to a minimum for the county's citizens landfill will accept only residential and commercial waste disposal will be available to its residents and businesses tynon hazardous solid wastes approved by the Texas and Industry. Department of Health. Why has southwestern Donlan County been is methane as produced by landfills? Yes. The The proposed Sentry Landfill, In southwest chosen as the landfill site? Both geologically and Denton County south of FM 407 and two miles geographically, the site is Ideal for a landfill. !t is me tha e, which pc wig generate a minimal amount of west of IH-35, will be one of those essential Composed of thick, impermeable clay formations methane, which Is the same pas emitted by services. This facility will Insure that the waste that will safely contain all waste disposed at the decomposing leaves and cut grass. The methane management needs of the County's citizens and site. In addition, the site is convenient located will not penetrate the clay formation surrounding Industry are met in a ly the landfill and will be dissipated harmlessly into way that is economical, eif- near IH-35W to serve Denton, Alliance Airport and ctentand, most important enviroiimenally safe. other businesses and communities. Its central the air with proper venting procedures. Here are answers to some of the questions location will mean less expense to taxpayers What about odors Irom the landfill, and won't It frequently asked about the proposed Sentry because of reduced transportation costs. aftrad flies, rats and vermin? In accordance with Landfill. If you want more information, or have Will the landfill pollute our water? No. The Sent Texas Department of Health regulations, a , additional questions, please call the Sentry y minimum of One-half trash foot of dirt cover will hi Landfill will exceed all sate and federal regulatory applied daffy to to tr trash delivered to the site, which Environmental Hotline, 817/898-6800. requirements for surface and ground water has protection. The shallowest aquifer is more than 250 act proved What is the difference between sanitary feet deep at the landfill and is separated from the agricultural ites and animal farms landfills and the in open trash h dumps of the past? fill by impermeable clays and shales. The landfill provide a better host environment for rodents, flies Modern sanYay landfills are considerably will be constructed with an Impermeable clay liner, and other pests than a modern sanitary landfill. different from open trash dumps, both in terms and a carefully engineered drainage system will of how they look and how they are designed ' Will the landfill generate 1101 of litter and dust? operated. Incompliance with strict regulafo capture any surface water that comes in contact No. The Sentry Landfill operating permit and t ry with the waste and prevent it from leaving the site. Policies will restrict open trucks from entering the requirements, operators of sanitary landfills go An extensive system of monitor wells around the facility, will be at the site to extensive effort to protect surface and ground and a trained water. In addition, deposited wastes are covered property will insure there Is no seepage, full time to control litter and maintain litter fences. every day with soil, which prevents the spread of Will the landfill lower the value of nearby The working trash disposal area will be sheltered odors and litter and keeps flies and rats from Property? Studies have shown that properly to reduce the potential for blowing litter. In being attracted to the site. In terms of designed, well-run landfills have little or no addition, working areas and roads will be watered appearance, sanitary landfills in no way resemble adverse impact on neighboring property values. In to control dust the old open dumps. Only a small portion of the fact, nearby property often increases In value, Ara the trash trucks going to innate hMc on site, about one quarter acre, is open to accept because business and Industry are attracted to FM 407, and will they bring mud onto so waste at arty time. In addition, sites are areas where long-term waste disposal costs are highwe when they leave the hndtill on rainy attractively landscaped, with berms, trees and controlled. The Sentry Landfill has been designed days? Fitty truck arrNals are estimated each day { fences used to shield the working area of the and will be operated, to exceed the sweetest of when the landfill begins operation. This N a small landfill from view. Landfill personnel conttnuaiy governmental and industry standards, number compared to ilia current tratfle count of patrol to make sure no litter is on the site. 2,000 vehicles per day on the highway. it is l:, N V+ .y f1 r r• r r. r) n •H ~ LJ s v s v I. -t a n a fJ o no [n Jj v v 'a a ~ m< n -a t r r a [a'i+ ~ m ° I p o r: ro c e C m ' 1 W n p Jp c c c c iY Tr -a ~ -1 ~ ~ )tf iY ~ c vul rr ~ n e < -J A a)a, trl Ln in I1m mm r- 1 I i I I I I I ..1 2 q 1 G c IC -ov d-P ~P a-PU-a .I/) , > v vv v-ov •o -P am .t ~ n W N PJ nJ N N N rJ r.J N f~J N N f. n. r. r. 1.. n. r.. n. NI [/f N V r~ r S CC ~ A ry v. A T r1 rj m m m m 3] y V GJ 'V 'V :q O 1 O N 2 2 T r- ~ C1 •--I Z~ 2 rn my IT ~ . t: r9 a;) G F'Ta IT y m c V'r rn In nl m1 A i - AT 2a N N J N J N J F" >J N N PJ W r~ r. N wJ rJ n+ l L V n 2 Z O O N C S S :4' ( (7 i O A A A 1. A A R J A s. R W W w < arl t t C] V Z >V A m ! ~t 2 r- r m M J 1 .l m :4 J! CJ O M CT ul 2 l T < K 2 f.' q r m V "J Rf. >1 fr \,y \Y N . 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J J Y J .I C` V (1+ n • .i 1 .r .•r '.l n. .y .J r I) `.a ..h -V nJ T ,n r 1 I. v I J e 1 M1 1J <r .rJ (r. -0 J. r O O, A. a fY The Sentry Landfill Denton County Project Overview N N k a Sentry Environmental M Ii wr -I- h INTRODUCTION Sentry Environmental has applied to the Texas Department of Health for a permit to operate a Type 1 sanitary landfill in an area of southwest Denton County. The landfill will receive primarily municipal solid waste generated by 0 communities In Denton, Tarrant and Dallas counties. Texas Health Department regulations define these wastes as "solid waste resulting from or incidental to municipal, community, commercial, Institutional, and recreation activities..." It Is Important to note that no radioactive or hazardous Industrial wastestreams will be accepted at this site. A draft permit application will be filed with the Department of Health. After the application is deemed "technically complete" by the department, the application will be forwarded to other state and local agencies for comment including the Texas Water Commission, the Texas Air Control w Board, the Texas Department of Parks and Wildlife and other applicable jurisdictions. After a 30-day comment period, a public hearing will be set to hear arguments for and against the landfill proposal. M ~ PERMIT SUMMARY Sentry Environmental has applied to the Texas Department of Health for a w permit to construct and operate a sanitary landfill on 360 acres west of Interstate Highwzy 35W. The site will be known as the Sentry Landfill. I LOCATION w The site is located off FM 407, approximately two miles west of IH-35W in southwest Denton County. The land surrounding the proposed site Is primarily ranch land and agricultural cropland. There are approximately 20 residences and three businesses within a one-mile radius of the site. er i ACCESS Access to the proposed site will be via FM 407, Currently, it is estimated w that approximately 2,000 vehicles per day travel on FM 407. Vehicle traffic f w r to the landfill site will be about 70 per day 50 refuse collection trucks and the remainder private cars, pickups and trucks. Fences will be built t and maintained to keep out livestock and to prevent unauthorized disposal 1 ENGINEERING The landfill site is located in impermeable day formations that will protect groundwater in the area. More than 200 feet of limestone, clay and shale formations separate the bottom of the landfill and the uppermost aquifer. The clay at this site Is particularly suitable for a landfill operation. j Engineering tests show that it exceeds state and federal permeability stands for clay landfill liners. The landfill will be operated in a series of 71/2-acre areas, known as "cells." When one cell has been filled, the operation will move on to the next. The actual working area where trash h deposited wig be less than r one-quarter of an acre. Each all will be excavated to a depth of 20.80 feet below the current land elevation. In addition to the undisturbed clay, shale and limestone below the liner, the cell will have a minimum three feet of compacted clay liner, plus a protective dirt cover to prevent damage to the liner. Atl of the clays r . and cover materials are available on site. This area will be filled with waste and built up to the maximum elevation allowed by the permit approximately 80.90 feet above the present west-side elevation The excavated soils will be used to cover the working disposal area on a t daily basis. A minimum of six Inches of daily cover Is required by the permit to prevent blowing litter, eliminate odors and control rodents, flies and other vectors. When each cell Is completed, it will be covered with at least two feet of soil L and landscaped with grasses. At the same time, the fill operation wig move to the next 7 1/2-acre cell. For the most part, the view from neighboring properties will be shielded from the operation by earthen dikes, berms or landscaping. c The working site at the landfill will be safeguarded by a series of temporary litter fences to prevent blowing Utter until the waste is covered with excavated soil. A full-time litter control employee will pick up and control t litter both on and off site. R c 2 P During dry periods, a water truck with a sprinkler will prevent blowing dust. During wet periods, a long paved run-out road on site and a street sweeper will control the tracking of mud onto public roads. ENVIRONMENTAL PROTECTION ph In addition to the use of clay liners and the application of daily cover mentioned in the engineering section, a number of other major requirements will protect the environment. 1. Water Quality. Water quality monitor wells will be installed at specified locations around the edge of the property. Samples from ' these wells will be used to establish water quality levels before operations begin. Once disposal begins, water samples will be drawn at specified intervals and tested by an independent laboratory to make sure that there has been no migration into the surrounding s area. Results of this sampling must be reported to the Texas Department of Health. 2. Surface Water Runoff. The permit has stringent requirements for drainage ditches and earthen dikes, or berms, to prevent the off- site runoff of any surface water that has been in contact with the , disposed waste. 3. Source Selection, Any wastes of questionable origin, or wastes that are not specifically approved in the permit, will be refused s admission. 4. Methane Production. Landfills produce methane as part of the decomposition process as do all decaying organic materials such as leaves and grass clippings. The amount of methane produced tr depends on the moisture in the area. In the case of the Sentry Landfill, the annual rainfall and the moisture levels are not considered sufficient to produce significant amounts of methane; however, the permit provides for direct venting of what methane is produced. Because of the heavy clay surrounding the landfill site, w there is no risk of lateral migration of methane. M 3 w QUESTIONS AND ANSWERS 1 Where wall the landfill be located? ' 1 The landfill will be located on 360 acres of what is now raw agricultural land. (Please see attachments 1 and 2). The site is two miles west of Interstate Highway 35W. Access to the site will be from FM 407. Why Is this the most appropriate location? The area is ideal for a landfill for a number of reasons; 1. This geological clay formation is ideal for a landfill site. Since the outcrop of the clay is of limited width, the site cannot be shifted very far to the east or west. In addition, airports, industrial areas and transportation corridors limit north-south shifts. In fact, because it Is i so suitable for this particular use, the site is less desirable for I residential development. 2. It provides an excellent solid waste disposal location for the citizens of the city and county of Denton, as well as to potential manufacturers, service companies, wholesalers and retail concerns, rt r Including Alliance Airport and IBM. 3. The location is Ideal to serve Denton to the north, A1Ganee to the south, and the IBM area to the south and east. Because of the limited remaining life in Denton County landfills, a new, c environmentally state-of-the-art laadfiil must be permitted now that is centrally located to serve these areas. 4. There are a minimum number of residents In the immediate area of the operation. c I 5. It is readily accessible from number of transportation routes. 6. It is compatible with current land use in the area. Who will benefit from this landfill? A landfill is similar to other public works projects such as highways, wastewater treatment plants, utility rights-of-way and other vital setvicea. L 4 r, In the case of the Sentry Landfill, residential and commercial customers in the communities of Denton, Roanoke, Justin, Argyle, Northlake and Sanger, as well as other Denton County residents, will benefit from this project. A landfill in this region will afford municipal and commercial customers long-term landfill capacity at affordable and competitive rates. 1 1 Do landfills adversely affect surrounding property values? r~ Not when properly designed and operated. Landfills, such as the one proposed by Sentry, are strictly regulated by the Texas Department of Health. Studies have shown that well-operated ~ landfills have little or no adverse impact on neighboring property values and often increase the value of surrounding land, especially its commercial value. Industrial and business concerns are attracted to nearby sites j because they can control their long-term waste disposal costs. M Historically, there has been no adverse effect on land prices in the area adjacent to well-operated landfills. To the contrary, tracts of land have often sold for higher than appraised value with the full knowledge of pending or operating landfills. I r~ Will this landfill affect our water wells and pollute the ground ' water? No. The area in which the proposed landfill will be located has no major ' aquifers near the surface. Water wells in the area are 300 feet or greater ' in depth and will not be affected by the landfill. Drainage from the landfill has been carefully engineered to prevent any effluent from leaving the site. Drainage ditches and berms are part of the permitting requirements of the Texas Department of Health. In addition, the permit requires an extensive ~a system of monitor wells around the property to insure that thero is no seepage away from the site. The closest major freshwater aquifer is 250 or more feet below the surface and is separated from the landfill by impermeable clay, limestone and shale formations. ~J 5 M What types of waste will be disposed of In this landfill? 1 Only residential and commercial solid wastes approved by the Texas Department of Health will be accepted at the Sentry Landfill. No r hazardous or radioactive wastestreams will be accepted. Some wastes requiring special handling will be accepted, but only if they 1 conform to Health Department specifications and regulations. The wastes will come primarily from residential and commercial sources in the cities of r Denton, Roanoke, suburban cities near Denton and Fort Worth, rural areas in and around Denton and Tarrant counties, and Alliance Airport. Landfills produce methane, Will this gas endanger surrounding ` residents? Because there is little water or rainfall associated with this site, methane r gas generation is expected to be minimal. Because the landfill is located in a dense clay formation, any methane that is produced will be vented and will dissipate. Methane venting procedures spelled out in the permit application have proven effective. I i Will this landfill pose an environmental risk? No. The landfill project is well within the strict standards required by all state and federal environmental regulatory agencies. What is the life expectancy of this landfill? Forty-five years or less. During that time, the landfill will be operated on a piece-by-piece basis in "cells." Each cell is approximately 71/2 acres. Within a 7 1/2-acre cell, only a small area will be receiving waste at any ` one time. Additionally, wastes are covered with dirt during each day's operations. The 7 1/2-acre cell will be the only working part of the operation until it is completed. At completion, the cell will be covered, landscaped and planted with vegetation. Landfill operations usually will not be visible from surrounding roadways. 6 i i I I What Is the economic Impact of this project on the surrounding 1 area? There will be a significant positive economic impact on the county and local tax bases: 1. Ten to twenty new jobs will be created. r, 2. The tax value of the landfill tract will significantly increase. 3. Approximately $2 million will be spent on site preparation, road + improvements and other initial construction projects. J 4. Industry will be attracted to the area because of the long-term availability of waste disposal at competitive rates. With the cost of waste disposal increasing nationwide because of the shortage of environmentally safe disposal facilities, businesses now Include analysis of such costs in plans for potential relocation and cost i reduction measures. I What about all the Increased truck trafflc that this project will generate? When the Sentry Landfill is operating at peak capacity, there will be an estimated traffic count increase of 4% per day on FM 407. Peak traffic counts show that there are currently about 2000 vehicles per day on FM 40. The impact of the added vehicles will be minimal compared to existing traffic. Why do we need a landfill anyway? Are there better technologies available for handling waste? E The waste management industry continues to seek alternatives to existing technology. Waste-to-energy plants and waste separation and reclamation are two such technologies. They are being studied and used in some locales, usually areas where the economics, land use and geology dictate an alternative to land disposal. With both alternatives, the technology is, at best, very expensive. For instance, burning garbage is rive to 10 times more expensive than burying it in a carefully regulated sanitary landfill. Incineration creases problems as 7 I well ash that requires special handling and air emissions that must be controlled. Waste incineration plants continue to have reliability problems. Recycling and waste reduction at the source are the most promising r alternatives. It is good business to reduce the amount of waste that must be disposed of in landfills, thereby increasing our landfills' life expectancles. Nevertheless, it must be noted that, in America today, every man, woman and child generates an average of four pounds of waste per day. That waste must be disposed of with responsibility, care and safety. Waste disposal in a well-run and tightly regulated sanitary landfill Is the best and most economical method available today. What about the litter and dust that could be generated by a landfill? Litter and dust are not the problems that they once were. Today, most communities require trucks to be covered, and many landfills, including Sentry, have policies that prohibit open trucks from entering the A facility. In addition, Sentry intends to provide necessary water supplies for dust control and equipment washing. A full-time employee will be devoted to litter control and litter fence installation and maintenance to prevent ` material from blowing off site. Because of the landfill engineering, the working area where trash is deposited will be sheltered from the prevailing winds, again reducing the potential for blowing litter. + What about odor, rodents and other vermin? This is not a problem. State Health Department regulations require that a minimum of one-half foot of dirt be applied daily on trash delivered to the site. This has proved to be an effective control measure. Will there be any effect on surrounding animal or plant life? There will be no effect on livestock or agriculture. i,. 8 ti a r .1 Are there any endangered species that could be Impacted by this facility? h No. No federally listed endangered or threatened species, or their critical habitats, have been identified in this area. What would happen In the event of a flood? Landfill construction will provide levees that will protect against any threat of flooding. Any potential for runoff from the site is strictly controlled. The permit application and Health Department regulations require that any water that has been in contact with trash be retained on site. r What will happen to the site after it closes? H It will become primarily open space grassland and a green belt with potential as area parks and leisure facilities. Trees will be planted around the perimeter, and two to six feet of cover material and topsoil will be placed on the site. The area will be seeded with a mixture of grasses. This landscaping will be installed as portions of the site are closed and new ones are opened. Environmental monitoring will continue long after the site Is closed. What assurances are there that this landfill will he operated In a responsible manner? The project is well within all applicable federal and state regulatory requirements. In addition, regulatory agencies will closely monitor the operation of the site. The Texas Department of Health has a district office in Arlington with a full-time landfill inspector. In addition to his periodic inspections, he can be contacted any time a citizen has a question or complaint about the operation of the landfill. Customers also are encouraged to inspect the site. Sentry is a responsible operator whose employees have a proven record and extensive experience in the waste disposal services Industry. Sentry recognizes that it is to everyone's benefit to operate disposal sites in a responsible manner. Sentry personnel are recognized industry leaders in responsible landfill management. Sentry will pride itself on being a good neighbor, taxpayer and, in general, an asset to the community that it serves. u 9 I FACTS ABOUT SOLID WASTE DISPOSAL t The following is a compilation of facts concerning tre waste management business in America and Texas today; o Every man, woman and child in this country is responsible for the i generation of 3.5 to 4 pounds of garbage or solid waste per day. In 1960, Americans discarded 2.9 pounds per day. By comparison, the n citizens of Hamburg, West Germany, today generate 1.9 pounds per day, and the Italians discard 1.5 pounds per day. o Disposal costs for municipal wastes in the northeastern states are averaging $60 per ton, with some communiti^s paying as much as $120 per ton. Tarrant and Denton counties pay an average of $12 r, per ton. o Texans produce 17 million pounds of solid waste per year, according to the Texas Department of Health. o In 1970, Americans generated 110.3 million tons of garbage. ` According to U.S. Environmental Protection Agency estimates, that number will increase to 158.8 million tons by the year 2000. c For additional Information on < the Sentry Landfill, please contact: Sentry Environmental 5949 Sherry Lane Suite 1500, LB 165 s Dallas, Texas 75225.8011 2141750.1522 Sentry Landfill Hotline 817/898.6800 ~ 10 NORTH f' y M(t W CDUNTRS r i I GENERAL HIGHWAY MAP DENTON COUNTY I r ' TEXAS PREPAID BY THE ( STATE DEPARTMENT OF HIGHWAYS Its AND PUBLIC TRANSPORTATION j TRANSPORTATION PLANNING DIVISION INCODaERaTION WITH THE f U.S. DEPARTMENT OF TRANSPORTATION 1111 FEDERAL HIGHWAY ADMINISTRATION KAItA OHM 1984 19E0:(NSUS hGUA[S I 14IGHAAYS REVISED TO MARCH 1, 19U f E I Attachment No. 1 I GENERAL LOCATION MAP PROPOSED SENTRY SANITARY LANDFILL Sentry Environmental, LR 1 I IS, I, I'lv T~ I f 1 Irr Ti3o 7 r ` f I ~ Leo [''f1 I z. ~ v"f'''1 Q7, i {rth. I I I •.Jy~...~T I _t 1, ~ I • MOrI I tY1•' ~ F~ l 1 - I ~ r ~ /i • ' 1 ILL ~ r• o J p rn .4 , it Iw fiddoo, f 1 ) I n ' Oil 1 ` s.ul•0 r ' I PROPOSED SITE I s.ro6 r `1~1 _ Lit. 3345.8' i , } i LonQ.97' 15.T At. iiLtlllylliYYY...~/ ~7 r1 ° 'I• • '1 l.AC1L~ r •,aa• l~ .a TT rrr^\` Y, W4. d dl/ ' . r I ro~l o !OFFAL •(pe/[1111., 1.°~ NSI IN i~ Clrf f 1\ AN.001Kf , O apr lH J I rpr II'I< J/ 19 1. 1 , q, ♦ -IATONVIIIt '11..ww ' an 441~ ~ I •Y 111 i ~ it Sri r ~ . .-'','1 p , Jar.:' 1) ae 1 • r-,- t' __y I • 'X \ r I ~ i4 -t, l- ..,rJL,/ sj 1~. ~Lr. ,J AND ~!A q V ..•.dSC' _'•.1,• _ r-r 1 sr~ ~ rer a. dot CARA J. p r..., I i~ ~ ,J; FLUB r~ '~tr ~ ~ f G' ~ 1, Cr--- 1... rv Lloo~l,gl.i -i,.l ,•f f w1 of °e r!\~ to .'o @I 10 lyr eaen II Wr MrM r' Sgllnlpe tb•f Veil .....•t 1. L111!1r eUe HI/ eLSTUI[ Ir le (It. Ifee it 1 I t Z .1 I TEARS j NORTH CUADAANOIE LOCAV N ' r: UNITED STATES 7 DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY JUSTIN QUADRANGLE ARGYLE QUADRANGLE TEXAS-DENTON CO. TF- -DENTON 00, ) 1 7.5 MINUTE SERIES (TOPOGRAPHIC) 7.5 MINUTE SERIES (TOPOGRAPHIC) i d SCALE 124000 i 0 1 NILE 1000 0 1000 7000 )000 4000 sw A007 low FECT - 1 ! 0 1 ANO"ErEo c, CONTOUR INTERVALIOrEET 1 NATIONAL GtOOE11C VEATISAL DATG1 OF 1929 JUSTIN, TEX. ARGYLE, TEX, 33097-A3-TF-424 143300-W97014/7 5 1960 1960 PHOTOREVISED 1966 PHOTOREVISED 1968 AND 1973 { DMA 8550 111 H94ERIES Y993 AM% 6550 I1 SW. SERIES V882 i PHOTOINSPECTED 1978 r } i I Y Attachmc "it No. 2 I TOPOGRAPHIC MAP PROPOSED SENTRY SANITARY LANDFILL Sentry Environmental, L.P, t c,r t~ ? fl 71 (1 ~ ltt - I ~ ~ ~ ` } I j I Do I ~ t3`~~ ul _ a~ i Y. I " ~ PPE -WIND.-.:rl' ( \ C Y n _ J / M bl 101+ - i• ~ tl~ ~ i • ...-es«.~ Sr POSED 5 r4k { ` . • yYb • ,/1(.._ _ _ ~7Jrp~ 1.-: I /fib BM\~ - Ir ~i I ~ ~ ! ~ 0+e •f ~ /i ~ _ I y Y ^ Y tll 1i E y...~f. l/`f pig ~ ~ ~ ~ ~ ~ f e r • I 0 / . ~Y~ IY y' ~ Y r I • slip MT; a ~ a o ~ j ~ r j I b ~ ~ ~ Itit 'r. Y • Yt I i I J9. (NOTE: AERO VAT EY AIRPORT IS APPROXIMATELY rJ I%y~ rk' 2.4 MIL. SOUTHEAST OF THE SITE. • •._._\~iGK.N PIIf , ~n~`~`=9j}S~ l~i ~~l ~~Y'`~~~ I /7 ~'I f~ 1. ~ lol- r, z 4 4 i CITY OF DENTON i WASTE MANAGEMENT CONTRACT SUMMARY i IMPORTANT DATES s * PROPOSED CONTRACT CLOSING., MAY, 1991. * EXISTING DENTON LANDFILL CLOSINGS OCTOBER, 1992. * DENTON WASTE UTLIZING THE LEWISVILLE LANDFILLS NOVEMBER, 1992. * WASTE MANAGEMENT TRANSFER STATIONS JULY, 1993 * TRANSFER STATION ANNIVERSARY PAYMENTS: JULY, 1994 * JULY, 1993. * JULY, 1996. * JULY, 1997. i * TERMINATION OF THE TRANSFER STATION $0.40 CREDITS AUGUST, 2003. 1 1 MINI CITY OF DENTON MUNICIPAL WASTE GROWTH WASTE (1000 CUBIC YARDS/MONTH) 60 TOTAL WASTE 50 COMMERCIAL WASTE RESIDENTIAL WASTE 40 ,M i 30 20 10 0 MAY-91 MAY-96 MAY-2001 ~MAY-2006 t TIME r , ASSUMED ANNUAL CITY OF DENTON GROWTH RATE 3.8% ' n 4 vi ...I r ~"e Q-.MY:%..'IJ.'{[A.. Y.r! n:... v..r - . .n Y. i ' a CITY OF DENTON WASTE MANAGEMENT--TIPPING FEE COMPARISON TIPPING FEES ($/CUBIC YARD) WM - COMMERCIAL FEE !4 _ WM - RESIDENTIAL FEE i~ SENTRY - RESIDENTIAL I i- 10 - ; 8 - q ~ 6 _ M 4 1 2 _ MAY-9i MAY-96 MAY-2001 MAY-2006 I TIME s a ASSUMED 5.6% ANNUAL CPI 1 1 :r r'r R 4 r CUMULATIVE LOSS TO CITY OF DENTON WITH WASTE MANAGEMENT CONTRACT NET EFFECTIVE CASH FLOW (1000$) $5,000 { DISCOUNTED-109 0 - UNDISCOUNTED t ('5,000) _ i. (10.000) 1 i € (15,000) { j (20,000) f (25,OOMAY-S! MAY-96 MAY-2001 MAY-2006 TIME CITY OF DI74.4NTON RESIDIJNTIAL WASTE COST COMPARISON TOTAL MONTHLY RESIDENTIAL COSTS (1000$) X120 - -T ~ r WASTE MANAGEMENT 100 SENTRY _ ~ 80 60 40 - a 20 0 MAY-96 MAY-2001 MAY-9i TIME CITY OF DENTON COMPARISON COMMERCIAL WASTE COST COMP TOTAL MONTHLY COMMERCIAL COSTS (1000$) X500 WASTE MANAGEMENT SENTRY 400 r 300 200 r~ 100 0 MAY-9i MAY- 96 MAY-2001 TIME i i 1 ~r- ti i TRANSPORTATION COST AsstAQ'`10I45 t to the Waste 0lrnot haul - DFW/Le isvilles Landfillfrom "is nconservatively Xanaqonsnt (1fII2) estimated t estimated at 43.50-9.70 Per cubic yard in 1991" per City Council 1991. SO* Meeting Th se transportationd costs barerthe#actual costsefrom y attached) ) 1989-84 by the City of Denton when direct hauling to the WlSI landfill in Lewisville. l Direct haul transportation cost from Denton to sentry snvironreutal Landfill (sentry) is estimated at $0.68 per cubic j yard in 1991. The great disparity in direct haul costs is due to the fact I that the Sentry facility i) is located substantially closer to e Denton, 2) is a less congested route with less travel time, and 3) will have less wait time at the facility. i i 1 i i i ~ i I. ~ i I j f 1J 4 1 p r r a~ C r ~ REFERENCE MATERIALS SOLID WASTE ALTERNATIVES i 19 1 ly 1 lk r I 1 1 i 1 I' CITY COUNCIL MEETING FEBRUARY S, 1991 i i SOURCE: COMMUNITY SERVICES E • SERVICE CENTER • 1991 i i J0 S 1 ANALYSIS ASSUMPTIONS 0 ALL LANDFILL i COMMERCIAL COLLECTION SYSTEM PROFITS AND DEFICITS ARE TRANSFERRED TO RESIDENTIAL TO BE USED FOR RATE STABILIZATION OR REVENUE GENERATION. 0 D/FW LANDFILL RATES -32.50/CU. YD. IN 1991 -Escalates at 53 per year J 0 TRANSFER STATION COSTS WERr QUOTED TO BE $6.00/CU.YD IN 1991, WITH ESCALATION ESTIMATED AT 51 PER YEAR. 0 DIRECT HAUL INCREMENTAL COST IS CONSERVATIVELY ESTIMATED AT $3.50 TO $3.70 PER CU.YD. IN 1991. WHEN ADDED TO THE $2.50 PER CU.YD. TIPPING FEE AT D/FW LANDFILL, TwIS COMPARES WITH THE $6.00/CU. YD. TRANSFER STATION) THERE:" DONE USING THE DIRECT MAUL COST, W.1ICH AIN Y1994 IS s $4.29/CU.YD., PLUS THE ESTIMATED $2.89/CU.YD. TIPPING FEE (l.e. ($2.50/cu.yd 1991 escalated 8 51/year), FOR A COMBINED 1 DISPOSAL COST OF $7.18/CU.YD. i 0 DENTON LANDFILL RATE INCREASES AS FOLLOWSs { -From $3 to $3.45/CU. YD. IN 1992 and toads there until 1997 -Increases to $4.75/CU. YD. for contract haulers 0 KEEP-RESIDENTIAL AND COMMERCIAL LANDFILL RATE KEPT ATt -$3.05/CU. YD. until 1997 -Increase to $4.75/CU. YD BY 2000 -Expanded Landfill is break even at $4.75/CU. YD. In 2000 0 EXPANDED LANDFILL -Will have 30500,000 cubic yards of space -$3,3001000 cost to open -Bonds Used to Finance -Debt Service Based on 7.51 6 7 year payback r