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HomeMy WebLinkAbout09-14-1993 ~pGGCCCOC~O~ cs~ 4. 4gs ~O o to s~o O 0 r ~OO H r 0 N t' DOOO ~0oaaaoaoaocA CITY COUNCIL AGENDA PACKET September 14, 1993 1 AWdllwk~ AGENDA *e CITY OF DENTON CITY COUNCIL G / September 14, 1993 Q Work Session of the City of Denton City Council on Tuesday, September 14, 1993 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: 5:15 p.m. NOTE: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Session. 1. Executive Session: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071. 1. Receive legal advice regarding counoilmembers' attendance at neighborhood meetings. 2. Consider action in litigation styled WLgzpjg_X, City of Denton. B. Real Estate Matters Under TEX. GOVT CODE Sec. 551.072 1. Consider purchase of land on Foster Road. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074. 2. Receive a report and hold a discussion regarding a proposed ordinance to remove truck traffic from a portion of U. S. Highway 380. 3. Receive a report and hold a discussion regarding bank depository proposals. 4, Receive a report and hold a discussion regarding Phase I renovations to the Denton Municipal Complex, City Hall and City Hall West. Regular Meeting of the City of Denton City Council on Tuesday, September 14, 1993 at 7:G0 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 p.m. 1. Pledge of Allegiance 2. Consider approval of the minutes of the Regular Session of August 17, 1993 and the Special Call Session of August 24, 1993. e AWa N0._. 7 AwdaNertZ..-...~' City of Denton City Council Agenda o~ J September 14, 1993 Page 2 3. Consider approval of a resolution of appreciation for J. R. Daniel. 4. Public Requests A. Consider approval of a resolution temporarily closing Sandpiper Drive between Skylark Drive and Pennsylvania Drive on Friday September 24, 1993 from 7:00 p.m. - 10100 p.m. 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. The city Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchases orders to be approved for payment under the Ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 6.A, 6.8, 6.C0 6.D). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orders: 1. Bid 01528 - Brochures-Parks and Recreation 2. Bid 01533 - Office Supplies 3. Bid ,1539 - Retube High Pressure Feedwater Heater 4. Bid 01530 - Plugging and Abandonme,.i•-Water Wells 5. Bid 01531 - Chemical Pump 6. Bid 12532 - Chart Recorders 7. RFSP 11527 - Worker's Compensation Administration a. P.O. 036795 - Atlas Engineering 90 P.O. 037057 - Advanced Control Systems 6. Ordinancea A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #'1528, 5.A.2. - Bid 11533, 5.A.3. - Bid 01539, 5.A.4. - Bid 115301 5.A.5. - Bid 11531, 5.A.6. - Bid 01532) lt Agenda Dote - / City of Denton City Council Agenda September 14, 1993 Page 3 B- Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.7. - RFSP 01527) C. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5.A,8, - P.O. 136795) D. Consider adoption of an ordinance providing for the equipment Yewhich funds are available ha from o one at source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5.A.9. - P.O. 037057) E. Consider adoption of an ordinance adopting the budget for the City of Denton, Texas, for the fiscal year beginning on October 1, 1993, and ending on September 30, 1994. F. Consider adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 1993, on all taxable property within the corporate limits of the City on January 1, 19930 not exempt by law, providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; providing for enforcement of collections; and providing for a severability clause. 0. Consider adoption of an ordinance amending the schedule of electric rates and providing a severability clause. H. Consider adoption of an ordinance amending the schedule of rates for water service and providing a severability clause. 1. Ccnsider adoption of an ordinance amending the schedule of rates for wastewater service. n~ AgendaNo AgendaH Daft q-~ City of Denton City Council Agenda 5 September 141 1993 Page 4 J. rConsider esidential and commercial sanitation collection services as authorized by Chapter 24 of the Code of Ordinances of the City of Denton; establishing rates for excess yard waste collection, appliance collection, cardboard and amending grates charged for the use cof the City's sanitary and charges for landfill. K. Consider adoption of an ordinance incorporating fees, deposits, billings and procedures for providing administrative services to customers and taxpayers. L. Consider adoption of an ordinance authorizing the City Manager to execute a real estate contract between the City of Denton and with George J. Kay and wife, Judy M. Kay to purchase property. (The Planning and Zoning commission recommends approval.) M. Consider adoption of an ordinance authorizing the City Summers min e release of all release Manager agreement to with execute against the City. N. Consider adoption of an ordinance authorizing the City Manager to execttite an agreement with the Taxas Department of Transportation requesting continued funding for a traffic safety program. 7. Resolutions North approval Hof a igher resolution Education appointing Board of A. the Consider Directors. 9. CConsider ommission, thetCommunity oDevelopment Advisory Committee# the Electrical Code Board, and the Historic Landmark Commission. 94 Miscellaneous matters from the City manager. 10. Official Action on Executive Session Itemss A. Legal Matters B. Real Estate C. Personnel D. Board Appointments FY h': fy. `Ig AQendaMo 9%2 "03= Agendallr~ Date City of Den'-on city council Agenda September 14, 1993 Page 5 11. New Business This item provides a section for Council Members to suggest items for future agendas, 12, Executive Session; A. Legal Matters Under TEX. GOVT CODE Sec. 551.071. B. Real Estate Matters Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074. NOTEr 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 board at the City Hall of the City of Denton, Texas, on the day of 1993 at o'clock (a.m.) (p-m.} CITY SECRETARY NOTES THE CITY OF DE'' 'ON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACC0014B APW CITY COUNCIL REPORT FORMAT WA Too Mayor and Members of the City Council FROM$ Lloyd V. Harrell, City Manager SUBJECTo Removal of truck traffic from US 380 RECOMMENDATIONt Approval SyKMARYt The ordinance would remove pass-through truck traffic from the portion of U.S. Highway 380 (University Drive) between Interstate Highway 35 and Loop 188. Truck traffic thus removed would be redirected to Loop 188. BACgGROUFD I The level of service (LOS) on U.S. 380 is deteriorating rapidly due to vehicular traffic congestion, The existence of high percentage of truck traffic worsens congestion and increases the potential for serious accidents. Some intersections are alreadyy experiencing abnormal accident rates, Removing truck traffic would help trafflC flow and improve safety on University Drive. PROGRAMS, DEPA_RTMENTB OR GROUPS AF[ECTEDI Engineering and Transportation Dcpt, Police Dept, Texas Department of Transportation, and general public FISCAL IMPACT, About $1,000.00 for appropriate signage and notifications. *SpFIUJTLL I ED arre r Predp'ar6d' by I Pau uxwu Traffic Engineer Approvedo ~n _ ' l e r C c D e or of ginsering 6 Transportation ABE0029C µV tW Y yM ApenMINO 9,,~- D3 aoendairem_ !zs w02 Dete _ _.Q:L ' .3 CTSSC MEMO a Y6- July 8, 1993 page 7 I.TaM 06 RZMQVAL OF TRUCK TRAFFIC PROM US 3801 US 380 carries substantial heavy vehicle traffic that includes truck-trailers, gravel trucks, and recreational vehicles. Most of these are pass-through traffic. Staff has felt for a very long time that if pass-through truck traffic were to be removed from US 380 between Loop 288 and I.M. 35, that section of us 380 would experience less congestion and fewer accidents. This had not been feasible until the recent completion of the Loop 288 extension to S.R. 35. TXDOT has said that in order for them to mtart processing our request for pass-through truck traffic removal/rerouting, they need to have a copy of an ordinance adopted by the City to that effect. This request is for an ordinance to accomplish that. Staff recommends approval for an ordinance removing pass-through truck traffic from the portion of US 380 between Loop 288 and I.R. 35. CTSSC MEMO July 81 1993 page 7 --r Agenda No _ . Apsndaltem Date " CTSSC MINUTES July 12, 1993 page 16 ITEM i6 REMOV sent to OP TktUCR TR~fPIC FRQR VS 3BOt Iwuchukwu presented the request. He said a letter wUnlversity)Ttrom requesting truck traffic be moved from Highway 380 Loop 288 to I.H. 3S. They said the City has to submit a copy of Its ordinance to that effect before they will consider such a reque All staff is asking is that they remove pass through truck traffic. That Denton truck The ordtraffic inance whose origin or traffic between Loop 286 and 135. Gore said she had a problem with that. This would be rerouting rock haulers onto the northern part of the loop. There are grade level uced crossings on there with no signage except one where itsysreduced speed to 45 mph. They wont reduce speed to go through intersections. gravel haulers will not make an effort fto even abide by the 55 mph speed limit, This May ope things up nasty accidents. There are at least 2 streets that cross at grade levels KIngarow has already already visited the commission. with just care. The school for the Iwuchukwu said one of the things to be considged i that Highway past 5-6 years the state has been postponing the add lnqanother year to 380 to six lanes. It seems like every ye time frame. The level of it, It looks like it could be a 10 year congestion is approaching the level of service "T" during the peak times. This level is unacceptable. Also, the number of accidents are increasing at intermediate intersections. One of the engineers at TxDOT said that they may not consider it until after the noise barriers are built around the Stuart area. Chadwick said that was around November 1993. Clark said there may be another issue. John Blaine, the District 18 recommends t# takenotthappenrucks engineer, t axed Evens not sure state highway Clark said he witnessed an accident with a gravel truck at Highway 380 at the Shamvock on Dennison and Carroll. A tire blew out on a truck. It went across lanes of traffic and whended ole station the gas pump, could have if it would have hit the gas pump, the exploded. The same possibility exist at the west end of University except the speed is SD mph. They don't slow down much at Malone. through n the intersections on yellow.at There Hare lots where of trucks problems inside. Duncan askee by choice, do trucks use Loop 288 rather than go down sto ever University. light, Chadwick said the City eceivedvst to monies so that traffic traffic all i violationCif arryh at was mes ed up the way the through ht Weywouldnbea nthe Chadwick said ae understood n to dw another d lwas saying ocation, i Loop that 288would transferring may be p patrolled much more ty the state than the intercity. Dotson said AZZ0028B 1 Apeoda No AQ9ndiltan Gl,ZS ~a2 CTSSC MINUTES Dot! -3 J-jly 12, 1993 page 17 one thing that the Police Department was implementing, is conjunction with the Engineering department, is weight scales. A lot of trucks are overloaded and can't slow down. Implementation of this program will detour a lot of traffic. STAFF AECOMMENDEDI Approval COMMISSIONi Duncan made a motion to approve moving pass-through truck traffic off Miqhway 380 to Loop 288. Chadwick seconded the motion and eaid this would direct staff to construct an ordinance that would go to City Council. Motion passed unanimously. AEE00298 AQMdANo ApendAORL &l~ Dan, A~ /L- 93 Texas Department of Transportation P.O. BOX 3067 • DALLAS, TEXAS 75221.3067 0 (211) 320-6100 2624 Y. Prairie Denton, Texas 76201 817/387-1414 June 16 1993 Control 134-9 US 380 _ Denton County - Mr. Jerry Clark, P.E. Director of Engineering b Transportation 215 E. McKinney Denton, Texas 76201 Dear Mr. Clark, Your request for signage to redirect traffic from US 380 to Loop 28S would require approval by the Highway Commission through a Cite Ordinance. Please approach the City Council for such ordinance. If we can be of further help with this matter, please feel free tc contact Noe' Villarreal at 817-387-1324. Sincerely, Claud P. Elsom III, P. E. Area Engineer NV/bkm cci Tommy Kelley Milton Gurecky An Equal apporrumr✓ Employer a 1 s MondaNo,!~-- Apeidahe Deli ' DATE: 099/93 CITY COUNCIL TO: Mayor and Members of tl:e City Council FROM. Lloyd V. Harrell, City Manager SUBJECT: BANK DEPOSITORY PROPOSALS ggCO K,ENDATiOti: Staff recommends continuing to utilize First Sgtate Bank as our pository depository. relationship Wwiths recommend secondary de . SACEGRODN : The current depository contract will expire September 30, 1993. Request for proposals were sent to all Denton banks, and advertised in the local paper. We were pleased to receive two bids for the City operating funds. These were Bank One, Denton and First State Bank of Denton. The attachment identifies of projected evalation form a and proposal. copies of Also attached are the summary the proposals. Based on the information received, our recommendation is to retain coFirst ntinue state Bank of our also operating maintain banking recommend count that program City with relationships with the following financial institutions: Bank One, Denton; Bank One, Dallas) North Texas Savings; NCNB, Dallas) NCNB, Fort Worth; and Ameritrust. fig: On August 23, 1993 the city's Investment committee met to Bank as They prop sal depository First Stat prosals. review, among roved the things, unanimously app primary depository and Bank One as the secondary depository. There were several overriding factors that led to this decisiun. The Secondly, u their better cot was criteria htt>.n First State Bank first was evaluation the significantly lower. First State proposed the same cost in their current. proposal as they did in 1991. Thirdly, First State Bank is offering direct deposit for payroll at no cost for the first year. They are also offering free checking accounts to employees that utilize direct deposit. pgO0R~118, DEPARTMBHT~R GROUPS AFP C~ TED: All departments of the City of Denton will be affected by the bank depository proposal. agendaNo._~ D.~6 {gate y-iy-Q3 City Council Report Oy/9, Bank Depository Proposals D Page 2 g;BCAL i8I=: The first year of the contract with First State Bank will cost approximately $35,072 and the second year will cost approximately $36,112. Respec fully submitted: U. Lloyd V. Harrell City Manager Prepared byi Directo Treasury Operations Approved: //f~f K/Tfi~ryy~ J n F. McGrane l Executive Director of Finance AFF0073F BANXIM SERVICES AND FEES FIRST STATE BANK ONE DIFFERENCE TOTAL DESCRIPTION OF SERVICE Yr. One Yr. Two Yr. One Yr. Two Yr. One Yr. Two 1 1,800.00 1,800.00 3,600.00 3,600.00 1,800.00) (1,800.00) (3,600.00) Account Maintenance 2 1,500.00 1,500.00 960.00 960.00 540.00 540.00 1,080.00 Sal. Reporting & Inquiries 3 192.00 192.00 576.00 576600 384.00 384.00 768.00 Deposit Tickets-CR posting 4 12,000.00 12,000.00 10,500.00 10,500.00 1,500.00 1,500.00 3,000.00 Items Deposited-Encoding 5 4,224.00 4,224.00 4,608.00 4,608.00 (384.00) (384.00) (768.00) Checks Paid-DR posting 6A 1,000.00 1,000.00 1,000.00 1,000.00 0.00 0.00 0.00 Wire Services - incoming 6B 2,100.00 2,100.00 1,575.00 11575.00 525.00 525.00 1,050.00 Wire Services - Outgoing 7 750.00 750.00 800.00 800.00 50.00 50.00 100.00 Sto Payment Request 8 0.00 0.00 12.50 12.50 12.50 12.50 25.00 Coin Wrappers Furnished 9 100.00 100.00 50.00 50.00 50.00 50.00 100.00 Deposit Slips Printed 10 0.00 0.00 0.00 0100 0.00 0100 0.00 Large Vault Cash Bags 11 136.50 136.50 52.50 52.50 84.00 84.00 168.00 Plastic Drawstring Ck Bags 12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Safe Deposit Boxes 13 0.00 0.00 80.00 80.00 (80.00) 180.00 160.00) Research Hours 14 0.00 0.00 225.00 225.00 225.00 225.00 450.00 Cost of Collateral Pledged 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Controlled Disbursement Service Charge 16 0.00 0100 2,400.00 20400.00 (2,400.00) (2,400.00) (4,600.00) taro Balance Automatic Transfers 17A 900.00 900.00 1,500.00 1,500.00 600.00 600.00 1,200.00 Return Items 17B 0.00 0.00 2,880.00 2,880.00 2,880.001 2,880.00 5,760.00 Return Items - Reclear nj 17C 0.00 0.00 120.00 120.00 (120.00 120.00 (240.00 Return Items - Telephone 18 0.00 0.00 0.00 0.00 0.00 0.00 0.00 FDIC Insurance Cost 19 8,952.00 8,952.00 9,168.00 91168.00 L16. (216.00) (432.00) Securities Clearing 6 Satekee in 20 650.00 1,690.00 1,950.00 1,950.00 260.00 1,560.00 Direct De . CR DR Posn 21 768.00 768.00 1,152.00 1,152.00 384.00 768.00 Other Fees 53,012.50 36,L12 M 43,209.00 43,209.00 7,096.50) (15,233600) TOTAL! w,afp~ ge~rdeP~c~u - 3 Ageritlaltem Late - 3 41r CRITERIA FOR EVALUATION FIRST HANK WEIGHTED STATE ONE CRITERIA PERCENTAGES (points) (points) Ability to perform the requested services 40% 40 40 Agreement to points outlined in this bid 10% 10 a Cost of banking services 25% 25 15 Rates paid on Super NOW accounts 5% 5 4 Financial stability of the Hank 101 7 10 safekeeping agreements accepted 5% 5 5 Quality of all reports re nested 5% 5 5 TOTAL 100% 97 97 q 1.mENT 9 FIRST STATE BANK 36 FIIR BID 1534 REQUEST FOR APPLICATION FOR BANK DEPOSITORY SERVICES CITY OF DENTON, TEXAS JULY 1993 BID OPENING DATE AUGUST 19, 1993 (Attachments Available Upon Request) Agenda No ttemr Agenda 41 TABLE OF CONTENTS Oete ' % 6 3 p I. introduction . . . . . . . . . . . . . . . . . . . . . . . . 1 II. Calendar of Events . . . . . . . . . . . . . . . . . . . . . . 2 III. Criteria for Evaluation . . . . . . . . . . . . . . . . . . . . 2 IV. Bank Questionnaire . . . . . . . . . . . . . . . . . . . . . . . 3 V. Account Descriptions . . . . . . . . . . . . . . . . . . . . . . 3 A. General . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. Services and Fees . . . . . . . . . . . . . . . . . . . . . . . 4 C. Other Services . . . . . . . . . . . . . . . . . . . . . . . 7 D. Payment for Services . . . . . . . . . . . . . . . . 7 E. Collected Funds Definition . . . . . . . . . . . . . . . . . . 7 F. Super NOW Rates . . . . . . . . . . . . . . . . . . . . . . . . 7 VI. Collateral Requirements . . . . . . . . . . . . . . . . . . . . 7 A. Securities Pledged 7 B. Reporting Requirements 8 C. Safekeeping Requirements . . . . . . . . . . . . . . . . . . . B D. Collateral Substitutions . . . . . . . . . . . . . . 8 E. Maximum Amount offered . . . . . . . . . . . . . . . . . . e F. City to Handle Investments . . . . . . . . . . . . . . . . . . 9 0. Safekeeping/Wire Services . . . . . . . . . 9 H. Interest Rates Paid - Certificates of Deposit . . . . . . . . . 9 1. Interest Rate Calculations . . . . . . . . . . . . . . . . . . 9 VII: Overdrafts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 A. Definition . . . . . . . . . . . . . . . . . . . . . . . . . . 9 B. Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 L VIII.Other Stipulations . . . . . . . . . . . . . . . . . . . . . . . to A. Regulation Notices . . . . . . . . . . . . . . . . . . . . . . 10 B. Wire Transfers . . . . . . . . . . . . . . . . . . . . . . . . 10 C. Account Balances . . . . . . . . . . . . . . . . . . . . . • . 10 0. Bank Statements . . . . . . . . . . . . . . . . . . . . . . 10 2. Right to Audit Records . . . . . . . . . . . . . . . . . . . . 10 F. Financial Reports . . . . . . . . . . . . . . . . . . . . . . . 10 0. Term of the Agreement . . . . . . . . . . . . . . . . . . . 10 H. Investment Extension Period . . . . . . . . . . . . . . . . . . 10 1. Bank Failure . . . . . . . . . . . . . . . . . . . . . . . . . 10 IX. Proposal Instructions . . . . . . . . . . . . . . . . . . . . . 11 A. Date$ Time, Location . . . . . . . . . . . . . . . . . 11 B. Response to the aid . . . . . . . . . . . . . . . . 11 C. Additional Information . . . . . . . . . . . . . . . . 11 D. Right to Reject Bids . . . . . . . . . . . . . . . . . . . 11 X. Other Miscellaneous . . . . . . . . . . . . . . u A. Periodic Review . . . . . . . . . . . . . . . . . . . . . . . . 11 B. City Council Action . . . . . . . . . . . . . . . . . . . . . . 11 C. Bid Advertisement . . . . . . . . . . . . . . . . . . 11 0. Designation of individuals . . . . . . . . . . . . . . . . . . 12 XI. Submission Checklist . . . . . . . . . . . . . . . . . . . . . . 12 XII. Alternate Bid-Lockbox Services . . . . . . . . . . . . . . . . 13 t,,N„1 i 3 AgoOaNo~: - AgendaltAl L, Date___ 1. INTRODUCTION The City of Denton is seeking applications from eligible financial institutions ("Bank") to be the banking services depository for public funds of the City. This agreement will not cover any investment transaction activities other than safekeeping services and possible purchase of certificates of deposit within a pro-defined limit. The City plans to manage its own investment portfolio. The contract period will be two years beginning October 1, 1993 and ending September 30, 1995. At the outset, the City wishes to communicate the primary objectives of the depository agreement, an important component of the overall treasury and debt management program of the City of Dentone To seek a Bank that is both capable of providing banking services and willing to be attentive to the City's money matters To maximise the total dollars earned by the city on invested monies in order to be prudent and effective custodians of the taxpayers' financial rescurceal • To maintain a good working relationship with the depository Bank and To adequately compensate the depository Bank for services provided to the City and to allow a reasonable profit to be earned, subject to competitive forces in the market place. " This bid is intended to serve as the proposal form for the depository agreement. There are several blanks to fill in and questions to be answered. Any alterations, changes, or deletions to this bid may be reason for the city to disregard and reject the proposal. All points outlined and materials requested will be incorporated into the bidder's reply to be considered for evaluation. Attachments will be appropriate in order to answer some of the enclosed questions. Questions regarding this bid may be a!drossed toe Harlan L. Jefferson, Treasurer, c/o City of Denton - Department of Finance, 215 E. HcXinnoy, Denton, TX 76201) 817/566-9224. AGends No c/.3-D.9~ Agendalfent._w - - 3 TI. CALENDAR OF EVENTS Lyle Tagaet Date Description of Events August 2, 1993 Bid sent to all banks located in Dorton August B, 1993 Advertise Bank depository notice in local newspaper August 19, 1993 Receive proposals from interested banks August 210 1993 Review recommendation with the investment Committee August 31, 1993 Review recommendation with the City Council September 6, 1993 Receive direction from the City Council September 20, 1993 City Council to award contract October 1, 1993 New Bank depository contract period begins III. CRITERIA FOR EVALUATION The City staff will review the submitted proposals carefully. The l recommendations will be based on the proposal determined to be best on behalf of the City and the taxpayers. The following areas will be considered in the evaluation of the proposalsi CRITERIA it'1EIGNTED PERCENTAGE o Ability to perform the requested services 40% s Agreement to points outlined in this Bid 101 s Cost of banking services 25% s notes paid on super NOW accounts lot e Financial stability of the Bank 15% o Safekeeping agreements accepted 5% quality of all reports requested 51 2- ~r Agenda% Q..~°a r IV. BANK QUESTIONNAIRE Agendalte Date - / The Bank is requested to thoroughly answer the following questions, Additions pages may be appended if space is inadequate. 1. How is the bank chartered? State Chartered (Texas) 2. What percent of current loans are classified as non-performing? .64; 3. Does the Hank have any significant problems noted by regulatory agencies in the past twenty-four months? If "yes", please explain. None 4. Indicate the Bank's capital to assets ratio for the last five years. 6/30/93 8,51 12/31/91 7.57 12/31/89 2.28 12/31/92 9.12 12131/90 6.28 5. What was the Bank's 1997 return on assets (ROA(? 1.818 6. Attach copies of the Bank's most recent FDIC (2eg6) call reports. Attached V. ACCOUNT DESCRIPTIONS A. c~nor.;sl The City intends to establish the following Bank accounts Account Hams Tvve Employees Claims Account zero-Balance Account Operating Account Zoro-Balance Account Sinking Account zero-Balance Account Payroll Account zero-Balance Account Industrial Development Authority Super Now Rehab Account zero-Balance Account Concentration Account Super Now Insurance Account Zero-Balance Account Electric Distribution Account Zero-Balance Account Clordie Account Super Now CDBO Account Zeco-Balance Account Contractual Obligation Super Now Ray Roberts Lake Account Super Now Public Properties Super Now Security Account Super Now The City reserves the right to open or close any number or type of accounts throughout the period if necessary although no changes are anticipated. .3_ ~pendaNo. ~ ~ g, ~~rviGae aAd Fees The services which should be made available to the Cit33~c1 b p limited to the following+ G TOTAL FEE CHARGED/ ESTIMATED MONTHLY DESCRIPTION OF SERVICE QER UNIT VOLUME -CHARGE 1. 10.00 _ 15 accounts 150.00 Account Maintenance h/C 15 accounts _ .00 a) First original bank statement 2.~ per account N/C 20/month .00 b) Balance inquiries by phone 125.00 c) Balance reporting (daily 20/month computer reporting system which list previous and current day balances, debits, averages, a A check presentments for all accounts) 16.00 Deposit tickets (credit posting) 3. .20 _ 80/month (,02 encoded) 02 500.00 Items deposited (encoding) (,OG non-encoded) 4. 25,000/month - 5, _ .!l 3,200/month 352.00 Checks paid (debit posting) ` 11 1,700/month 187,00 a) Payroll checks 1,500/month 165.00 b) General disbursement checks Il it 50/month 5.50 c) other debit posting 6.- 60/month wire services 100.00 5.00 20/month a1 Incoming transfers 40/month b) Outgoing (excludes activities in safekeeping account) 10.00 25/month 250.00 1) Repetitive by computer 10.00 5/month 50.00 _ 2) Repetitive by phone 10.00 5/month 50.00 3) Free-form by computer 10.00 5/month 50.00 4) Free-form by phone _ 08 15/month 1'20 5) ACH transfers (incoming) 7, 15.00 S/month 75.00 stop payment request 15.00 31month 45.00 a) written request 15.00 J 30.00 b) Automs' request by terminal 2/month g, N1G _ 5 boxes of coin wrappers furnished each coin - type/month approx. $20.00 8.50 Deposit slips printed g, erg 200 _ 85/month (vendor price) -4- , Venda No Torsi Ageloaltemr~d'~5 FEE CHARGED/ ESTIMATED MONTHLY //yyam~..~ PER UNIT VOLUME CHARGE DESCRIPTION OF SERA L / 10. h/C 6 bags/year .00 Large vault cash bags 11. 35 bage/year 1.14 Plastic drawstring cheek bags 12. NIC 1/box .00 Safe deposit boxes (10x10) 13. NIC 4 hrs./month .00 Research hours 14. N/C $300,000 on X00 Cost of collateral pledged average for by the bank (quote cost per 15 accounts million pledged) 15. NIC 1 account .00 Controlled Disbursement service charge 16. SIC 8 accounts .00 Zero balance automatic transfers 11. _ 1.50 50/month 75.00 a) Return Lteme NIC 120/month .00 b) Return items recleared N/C 2/month .00 c) Return item telephone advice 18. NIC IS accounts 00 FDIC insurance cost 19. N/C 1 accounts .00 Securities clearing and cafekeeping *,/C .00 a) Maintenance charge 20.00 13/month 260.00 b) Receipts depoeited(receives) 20:00 12/month 240.00 c) Receipts withdrawal {deliveries) 10.00 2/month 20.00 d) Coupon collections 2.00 $90 million s) Safekeeping of assets, per recstpt 25.00 8/month 200.00 f) Book-entry security transfers via Federal Reserve, per transaction IN /C 1/year _ .00 q) Audit confirmations 540.00 (Minimum per transmission) 20. Bi-weekly Fees for direct deposit services for Payroll employees (900 employees, total payroll • $600,000) 25.00 50.00 a) Tape charge (S10.00 per transmission NIC ,00 via modem) b) ACH settlement N/C _ .00 c) Stop payment orders .08 144.00 d) Credit/debit posting 100 a) Other (list each specific charge} 12 x 15 S20/per 100 H x 24 39/per 100 ACNpavroll services will be provided at no charge during the first 12 months of the contract period. See attachment to Page 6, C. APO No .~V b'0.310 A~endaltem~. u~ ~ ~3 „ 21. List any other applicable bank charges ~~1e Insufficlent Fund Charges $20/item Serial Check Sort .02/item i I NOM Under a straight fee arrangement with the bank, analysis charges would be debited to each individual account and an analysis fee statement will be mailed to the City each month. Under a compensating balance method, all accounts would be tied to a main account and collected balances would be maintained to offset service charges. hleo note, that estimated volume above are projections baead on current annual volumes. C. Automatic Payroll Depoait is a service the city would like to offer its 900 employees. The bank would be required to produce bi-weekly payroll transfers from a magnetic tape furnished by the City in ACH format for transfer of funds directly to the employee bank, savings and loan, or credit union account. Please state the bank's procedure for this service and list appropriate cut-off Eimes that would apply. The City's not payroll is approximately $600,000 each pay pariod. State whether the bank would offer any type of special checking, money market, or loan account for the City' employees. See Attachment D. Does the bank offer any type of sweep account where excess city funds could be invested at a higher rate overnight than in a Super Now account arrangement? Does the bank have money market funds consisting of treasuries, agencies, prime commercial paper, prime domestic bankers acceptances and collateralized or Insured certificates of deposit, that the City could utilize dally me an Investment alternative? if ■o, please explain the fund's parameters and interest earnings history or attach a separate prospectus. See Attachment ~~Aqt -6- Agenda No _ _Q.:6996_. . Apendaitem ll1~ E. Other services Please specify any other services available to the City of Denton which may e 3~ thought to be beneficial or that may apply to the City. State all rely ad fees. See Attached. F. Payment for Service; The City intends to pay for all account services provided by the Hank as set fourth in Section V. a-E. The method expected to be used for the payment of these services in the direct payment method. The Sank should debit the appropriate accounts on a monthly basis. The City will require an account analysis each month which will clearly show volume counts, fees charged, and total price for servicing the account. The account analysis should also show average ledger balances, average uncollected funds, and average collected balances, interest rates and the amount of interest paid or credited to the account. These fees are not subject to change for the length of this contract. Please submit a sample of the monthly account analysis statement that will be provided to the City of Denton. Safekeeping fees for the city's investments shall also be set up on an account analysis and paid monthly. Please sulrit a sample of the safekeeping account analysis. Attached. 0. o~llected_Funds Definition The City desires to receive same day credit for all funds deposited by 3100 b.m. The executed. if of invented, investable funds for should investment interest at the transactions a being paid for Super NOW accounts. Please attach proposed availability schedule. Use a separate attachment if necessary. Spe attached narrative and schedule. H. Svcs- NOW Rata■ Please provide a detailed explanation of the Bank's policy and methodology used in the setting of rates paid on Super NOW accounts. Also, provide a schedule of all rates paid on Super NOW accounts since January It 1992. Specifically indicate if the rates are applied to ledger balances or collected balances. Indicate when the rates change and if they are based on a market rate such as T-Bill discount or yield rate. If the Bank proposes to pay the City a different rate on its Super NOW accounts, indicate that proposal. See Attached. VI, COLLATERAL REQUIREMENTS A. Scurities PledMW As security for the deposits of the City of Denton, the Bank shall pledge to the City securities equal to the largest total balances the City of Denton maintains in the Bank. Certificates of deposit and other evidencso of deposit shall be collateralized at 102% of market, for U.S. Treasury Bills, Notes, and Bonds with a remaining maturity of three years or less and at 102% of market for other securities. The securities so pledged, the amounts thereof and the time for pledging same must satisfy the requirements of Article 2560 Tax. Rev. Civ. State. Ann. The City will accept as collateral for its certificates of deposit and demand deposits only those securities identified by the Public Funds Investment Act as eligible investments. Additionally, U. S. Treasury o curities shall be the primary securities accepted as collateral. The maximum levels neoding to be collateralized are estimated to be the maximum amounts for the Super NOW accounts and certificates of deposit estimated to be $3,000,000. -7- i a t , AgmdaNo~z, These items constitute the only acceptable means of o~71dE~ilts deposits. The securities must be held in safekeepir}Q by the Fepet Bank of Dallas 'or another third party financial i ~N en to a safekeeping agreement signed by the Depository Bank and the City. R~cha~~ n agrsemanta are not acceptable as collateral to the City of Denton. B. Reporting Requirements The Bank shall provide the City a report of securities pledged on a monthly basis or at any time requested by the city Manager, rinance Director, Treasurer, or a designated representative. This report should reflect the following information as of the end of aach month and be delivered to the City by the 10th of each month. Total pledged securities itemizpd bye • Name • Type/Description/Cusip Number • Per Value • Current Market Value • Maturity Date Moody's or Standard i Poors Rating both, if available) C. Safekeeping Reguir mrnts The securities pledged shall be held in safekeeping by a separate and different Bank other than the depository Bank. The original copy of all safekeeping receipts shall be filed with the Treasurer of the City of Denton. The City fill reimburse the depository Bank for any safekeeping Cr haes, if any. Specify the safekeeping charges that will applye Section 8.19 The City, Depository Bank, and the Safekeeping Bank shall operate in accordance with a master safekeeping agreement signed by all three parties, The safekeeping agreement must clearly state that the Safekeeping Bank is instructed to release the collateral securities to the City if the City has r° determined that the Depository Bank has failed to pay on any accounts, or is in default of this agreement, or the city has determined that the City's funds are in jeopardy for whatever reason including involuntary closure or change of ownership, and if the instructions for release have been formally requested by the City Council by ordinance or resolution. A copy of the safekeeping agreement and the name of the safekeeping bank to be used in the event you are awarded the Bank Depository Agreement must be submitted with the proposal. Bank One-Fort Worth. Sample agreements attached. D. Collateral Substitutions Any substitutions of the securities or reductions in the total amount pledged may be made only by and with proper written authorization approved by the City Managqer, the Director of Finance, Treasurer, or his designated representative. In the case of a reduction$ the Bank must provide in writing that collateral will be available when needed to most normal City balance increases throughout the year. The City must approve all securities pledged. Any state or local government bonds pledged must have a rating of at least A or Al or better by Moody's Investor services or standard 0 Poors Corporation. E. Maximum Amount Offeted Please state the maximum amount, if any, of pledged securities which the Bank is willing or able to commit for collateralleed Super Now account throughout the contract period above the $S00,000 minimum requirement, S V~A -8- ~ AgertdaNo ~,3 ~D F. City to Randle Tnv~• r r W 5 Nendaltern The City of Denton will be responsible for handling tha process. The Depository Bank, along with any eligible financial Lnstltution shall be included in the bidding process as deemed appropriate and Lry~ accordance with the City's investment policies, v!~(/~f G• Safekeeping/Wire Services The third-party safekeeping bank must be a subscriber to the Federal. Security Wire System. In addition to the safekeeping account in which pledged collateral is held, the city must have access to a eafckeeping account to which Federal securities can be delivered via the Federal Reserve book entry system for a customer account. H. Interest Rates Paid C r+E+ • e The City may choose to invest in certificates of deposit in the depository Bank or any other eligible financial institution. The depository Bank agrees to time certificat s ofpodsits varying yamofor unts nandtmaturitis at r&~oe the form of determined by the depository's competitive bid as submitted in accordance e'th periodic competitive bid solicitations conducted by the city. What is the shortest maturity length in days that the Bank will accept for certificates of deposit in amounts of $100,000 or greater77 davs , I. Interest Ra s Cal •~ls lone Interest on all certificates of deposit shall be computed on an actual day basis (36S), and the interest will be paid to the City on the maturity date. Interest calculations will include the first day in the investment period but will not include the day of maturity. Payment will be made by crediting the Bank account. r VII. OVERDRAFTS A. Definition ntend to ofethetc ntract t An overdraft eis a not defined in a tneq tur n demand balance in uthv City accounts collectively, not by individual account. a. Is M1 Should an overdraft occur in the aggregate, the following stipulation shall applyi 1. The maximum number of days the overdraft will be allowed is -3 2. The maximum amount of the net overdraft to be allowed will be A10100 3. The interest rate charged for overdrafts will be computed on an actual day basis. per annum e No Interest charge on daily ledger overdrafts. Should monthly average collected balances be overdrawn (In aggregate), Interest at F5S base rate will be charged. -9- k 4gepdsNo VIII. OTHER STIPULATIONS pate _ - A. Regulation NOtlcee The Bank will notify the City in writing within ton (10) days of any changes in Federal or State regulations or laws that would thereafter affect the depository agreement. The Bank shall also notify the City of any new services that become available to the City throughout the contract period. B. Hire T and stars Notification of wire transform shall be made within one hour of the transaction and a duplicate copy furnished to the City within twenty-four hours. C. Account Balances The Bank shall have a means of contacting the city prior to 9tOO am each business day to give the ending ledger balances for all accounts from the previous working day. D. Bank Statements Bank Statements shall be rendered within five working days after the close of the calendar month. The statement must include deposits made on ti:e lest day of the month. The accompanying checks must be arranged in numerical order. E. Aiaht to audit Records The Bank's records relating to the City of Denton accounts shall be open to review by either City staff members or City-appointed independent auditors during normal business hours. ~w F. Financial Reports a The Bank will submit a copy of the last audited annual financial statements and the subsequent quarterly supplements along with an annual year end uniform Bank Performance Report. Attached 0. Term of the Agreement The term of the contract period will be for two years beginning Octobnr 1, 1993 and ending September 30, 1995. H, Investment Extension Period The Bank agrees to honor and continue any investments made during the term of the depository contract that will mature after the expiration date of the depository agreement at the same rate established before the expiration of the contract. The investment extension period will not exceed ninety days. 1. Bank Failure Should the Bank fail, close, or be forced into reorganisation during the term cf this contract, City reserves the right to cancel the contract and re-bid for City's depository services. t ~ -10- x Agenda Na_ Agendatiw ~ 3 IX PROPOSAL INSTRUCTIONS A• Date, Time, Location Sealed proposals clearly marked ^proposal for Bank Depository Agreement" should be delivered to the Finance Department located at City Hall, no later than 2100 p.m., August 19, 1993 to the attention oft Tom Shaw Purchasing Agent 901-B Texas Street Denton, TX 76201 NO PROPOSAL WILL BE RECEIVED AFTER 2100 P.M. B. Response to the Bid The proposing Bank should use this Bid form to submit rates and to answer questions wherever possible. However, any point that the Bank cannot agree with should be clearly noted with attachments which explain this disagreement. Please reference the section and paragraph in these cesee. Also, please clearly restate the question when supplying answers on any supplemental pages. C. Additional Information The City reserves the right to request additional information or to meet with representatives from proposing organizations to discuss points in the proposal before and after submission, any and all of which may be used in forming a recommendation. D. Right to Reject Bids The City reserves the right to reject any and all proposals. X. OTHER MISCELLANEOUS A. Perlodic Review The City of Denton shall require a review meeting at least once every six months to evaluate the working relationship between the City and the depository Bank. The objective will be to address any problems and to seek a responsible solution. More frequent meetit.ge may be called if necessary. B. City Council Action The final appointment of a depository Bank will be made by the City Council of the City of Denton. C. Bld Advertisement This Bid will be duly advertised and is being offered for consideration to all financial institutions inside the corporate limits of the city of Denton, as permitted by state laws. -11- i rai 4oandaNo - Agendal% b. peeicnatiLon o[ Individuals Date __~S/~ Upon being awarded the contract, the depository bank shall designate r all writing an individual to be the official contact person fo npondo The City of Denton shall do the earns. The Depository an shall be responsible for training and communicating the terms of this contract to Bank employees. X1. SUBMISSION CHECK A. Bid with fill-in-the-blank format B. Sample bank statement C. Availability of funds schedule D. Money Market Fund prospectus if applicable g. Sample monthly collateral report h the Federal Reserve Bank for collateral . Sample safekeeping agreement wit r. 0, Sample safekeeping agreement with the Depcsltory Bank for the City's Investment securities H. Sample controlled disbursement agreement Not applicable 1. !ample wire agreement J. Sample stop payment agreement X. Sample account analysis statement FDIC L. Annual financial statement of the bank along with the last two quarterly call reports ~o! -12- .l'II. ALTERNATE BID-LOCKBOY SERVI 400rdi ~~e~tlaite~ !U ~ -3 t~te_._9- _ .3 The City of Denton is seeking applications from eligible financial instituZ~ s~ lJ bidding on the main bid to include an alternate bid for Lockbox services. G The contract period will be the same an the main Sid, beginning on October 1, 1`493 and ending September 30, 1995 or thereafter until th- successor Depository shall have been duly selected and qualified according to state laws. The City of Denton requires a lockbox account for the purpose of collecting and processing the City's utility bills and property tax revenues. The volume of utility bills the City currently receives through the mail is estimated to be mont0hs month. Tax revenues February and average 5,500 pi ces per month`t During tthe he remainder of the yeir, tax revenues mailed in are approximately 1,000 pieces per month. These volume estimates are based on fiscal year ended September 30, 1992 totals. The City separates +stility bill collections and tax collections Into two divisions because of their unique needs and record keeping constraints. Each division would require a separate tape returned for input to the City's system. The Utility Division matches the account number, the name of the payor, and the address on the coupon and check. It does not matter if the amount on the check does not match the amount owed on the coupon. The City's system will automatically include the past due amount on the next billing. All coupons must be returned for reference in handling customer inquiries. The Tax Division matches the account number, and the amount. They also require a printout of who the payor on each account number is, If the amounts of the coupon and the check do not match, this must be separately accounted for on a different tape or printout. The Tax Division would need either a copy of each check returned or easy and timely access to chock copies on a request basis as well as coupons returned with the tape or printout. Attach a step by step explanation of the mail collection and remittance processing procedure that the bank follows. Bid the cost of services based on the options listed below, I. Lockbox collection and processing with separate computer printouts for Tax and Utility Divisions returned to the City each day. 2, Lockbox collection and processing with a magnetic tape returned to the inernlly ity a ach day. Format specifications of the bank given to the city for C programming the interface needed for inputting the taro directly into the City's system. 3. Lockbox collection and processing with a magnetic tape returned to the City each day, Bank supplies format based on the City each day. Bank supplies format based on the city's system specifications, city uses this format to program tho interface for the magnetic. d. Lockbox collection and processing with a magnetic tape returned to the City each day. Bank does all programming necessary to convort City's system to capability of handling the magnetic tape. Explain the procedure the bank follows for the record keeping of checks and stubs. Does the bank put checks and stubs on microfiche as part of the procedure? Explain the procedure and cost of processing returned chocks, The City requires that returned chocks be sent through twice before returning them to the city. -13- AgeedaNe Agendalte W..5 ~ Ju- t Attach a cash'anAlysle of the dollar savings and efficLllA% the °iLY_w 1 rJ achieve by having the lockbox service. )Example: take an average dl~j~s 9 or t e $150,000 which is currently received by the City and processed one day, deposit is made to the bank. Checks are currently encoded by the bank in sad of in-house and are delivered to the bank by courier each afternoon at 2c00 pm. The City does not process chocks on Saturdays, Sundays, or holidays. The City is closed for business days during the calendar year in recognition of holidays. Deposit site increases during tax collection time which occurs November through January. Deposits as large as $1,000,000 could be made during these months with an average Deposit size of approximately $350,000 per day.) List any additional services connected with the lockbox initiation procedure that the bank would provide. Printing of coupons with bar code Printing of envelopes with bar code Other List any additional fees not previously addressed in this bid. All fees bid shall remain the same for the length of the contract period and no additional fees shall be added after this proposal is accepted. Please return this sealed alternate bid along with main bid to the office of the following person by 2100 pm., August 19, 19911 Tom Shaw, Purchasing Agent City of Denton 901-8 Texas Street Denton, Texas 76201 NO 010 SHALL SE RECEIVED AFTER 2100 P.lf, AND SHALL BE RETURNED UNOPENED, The City reserves the right to request additional information or to meet with representatives from proposing organizations to discuss points in th proposal before and after submission anti may reject any and all options in this proposal. AFF0068E 08/02/93 -14- mrcsr Venda No. AgMalla;~ 3 Page 6, - .3 C. o? / First State Bank offers ACH origination service for payroll accounts. Information may be furnished to the bank on either magnetic tape or transferred by modem from personal computer to personal computer. The City must deliver the ACH file to the Bank by two (2) working days prior to payment date. For the initial twelve month period of the contract, ACH payroll origination will be handled at no charge. City employees receiving ACH payroll deposits will be offered free checking accounts for the initial twelve month period as well. This will encourage your employees to participate in the ACH program. After the Initial twelve months, the following charges will apply. The cost of ACH service is 8 cents ($.08) per entry plus $10.00 per modem transmission ($25.00 via tape ) with a $40.00 minirn4n per transmission. Page 6, D. First State's Money Market Account is a convenient overnight investment vehicle with a competitive rate of interest (currently 3% for investments greater than $250000). In addition, the Bank can provide other short term investment products through Its Invest Department. One such product is the AIM Government Fund, currently paying interest at 4.43%, with no sales charge for balances in excess of $1,0001000. This particular fund has maintained a very stable net asset value while providing above average returns. We have enclosed a prospectus for this fund and would be glad to discuss this or any similar products with the City at any time. Page 7, E. First State Bank currently has five locations in Denton, most with extended banking hours of 7:00 AM until 7:00 PM, currently staffed with over 65 tellers. We feel that First State is in a position to deliver superior and efficient service to the City of Denton and the City's 900 employees without delays, especially during times of peak volume, such as payday. AgendaNa 93 -D3G --Page 7, Apendaltem L/J,~ ~ G... Cate First State Bank gives same day ledger credit for all uA deposited by 3:00 p,m. Checks are paid from ledger balance Interest on NOW accounts is computed on collected balances. Collected funds are calculated in accordance with the attached availability schedule. For analysis purposes, the monthly earnings credit is applied to average collected balances, less reserve requirements. Page 8, H. Super Now rates are formulated partially on the level of short term interest. rates in general (i.e., US Treasury Bills) and on rates paid by competitors for similar products. Rates are reviewed daily and changed as appropriate. Interest is paid monthly on outstanding collected balances. Historical rates have been as follows for Super Now accountst 01/01/90 - 01/18/91 - 5.25% 01/19/91 - 05/12/91 - 5.001 05/13/91 - 12/01/91 - 4.501 12102/91 - 12/31/91 - 4.251 01/01/92 - 03/31/92 - 3.75% 04/01/92 - 07/31/92 - 3.50% 08/01/92 - 09/30/92 - 2.75% 10/01/92 - current - 2.50% Page 14, XII The Bank has discussed its lockbox capabilities with the City on several occasions. At the present time, the Bank does not have the capability to process lockbox transactions under the specified parameters. r~ MENT D Apendahen~~ r _ t,. Date BANK ONE, TEXAS, NA v2.3 BID 1534 REQUEST FOR APPLICATION FOR BANK DEPOSITORY SERVICES CITY OF DENTON, TEXAS JULY 1993 BID OPENING DATE AUGUST 19, 1993 (Attachments Available Upon Request) e Agenda NO 4~ 036 Agendalte Date - / ~f- TABLE OF CONTENTS PAGE I. introduction . . . . . . . . . . . . . . . . . • 1 II. Calendar of Events . . . . . . • . . . . . . . • • • • • • • • 2 III. Criteria for Evaluation . . . . . . . . . . . . . . . . . . • 2 IV. Bank Questionnaire . . . . . . . . • • • • • • • • • • • . • 3 V. Account Descriptions . . . . . . . . . . . . . . . . . • . . . • 3 A. General . . . . . . . . . . . . . . . . . . . . . . . 3 8. Services and Fees . . . . . . . . . . . . . . . . . . . . . . . 4 C. other Services . . • . • • • • . . • . . . • • • • . • • • • 7 D. Payment for Services . . . . . . . . . . . • . • • • • • • . • 7 E. Collected Funds Definition . . . . . . . . . . • . . . • • . F. Super NOW Rates . . . . . . . . . . . . . . . . . . . . . . . . 7 VI. Collateral Requirements . . . . . . . . . . • . • . • . . . . . 7 A. Securities Pledged . . . . . . . . . . . . . . . . . . . . . 7 B. Reporting Requirements . . . . . . . . . . . . . . . . . . . . 8 C. safekeeping Requirements . . . . . . . . . . . . . . . . . . . 8 D. Collateral Substitutions . . . . . . . . . • . . . • • . • • • 8 6. Maximum Amount Offered • . . . . . . . . . . . . . . . 9 F. City to Handle Investments . . . . . . . . . . . . . . ' • 9 0. Safekeeping/Wire Services • . • . . . • • . • • • • • 9 H. Interest Rates Paid - CertificateFof Deposit . . . . . . . . . 9 1. It4srsst Rate Calculations . . . . . . . . • . . • • • • • • VII. overdrafts . . . . . . . . . . . . . . . . . . . . . . . . . . 9 } A. Definition 9 9 8. Terms . . • • . . . . . . . . VIII.Other Stipulations . . . . . . • . . . • . . . • . • . • . • . • 10 A. Regulation Notices . . . . . . . . . . . . . • • • . . . . 110 0 B. Wire Transfers . . . . . . . . . . . . . . . . . • • • . . • • 10 C. Account Balances . . . . . . . . . . . . . . . . . • • . . • • 10 D. Bank statements . . . . . . . . . . . . . . . . . • • . . . ' . 30 2. Right to Audit Records . . . . . . • • • • • . ' . ' . . . . . 10 F. Financial Reports . . . . . . . . . . . . . . . . . . . . . 0. Term of the Agreement . . . . . . . . . 10 H. Investment Ixtension Period . . . . . 30 1. Bank Failure . . . . . . . . . . . . 30 IX. Proposal Instructions . . ii A. Date, Time, Location . . . . . . . . . . . 11 B. Response to the Bid . . . . . . . . . . . . . . 11 C• Addltional Information . . . . . . • . . . 11 D. Right to Reject Bids • . . . . • • . • • . . 11 X. Other Miscellaneous . . . . . . . . • . . . . . . • . . . • . • • 11 As Periodic Review . . . . . . . • . • • . • . . • • • • . • 11 B. City Council Action . . . . . . • . . . • • . . • • . . . . . 11 C. Bid Advertisement . . . . . . . . . . . . . . . . . 11 D. Designation of Individuals . . . . . . . . . . . . . . . . . . 12 Xi. Submission Checklist . . . . . . . . • . . . . . . • • • . . . . 12 XII. Alternate Bid-Lockbox Services . . . . . • 13. r a E a endalte W'' BA'S'K ONE, TEXAS, NA 0 21 S W. HICKORY, I Date DENTON, TEXAS 76201 a I. INTRODUCTION The City of Denton is seeking applications from e1'gible financial institutions (-Bank-I to be the banking services depository for public funds of the City. This agreement will not cover any investment transaction activities other than safekeeping services and possible purchase of eertificatea of deposit witnin a pre-defined limit. The City plans to manage its own investment portfolio. The contract period will be two years beginning October 1, 1993 and ending September 30, 1995. At the outset, the City wishes to communicate the primary objectives of the depository agreement, an important component of the overall treasury and debt management program of the City of Dentong e To seek a Bank that i.s both capable of providing banking services and willing to be attentive to the City's money matterei e To maximize the total collars earned by tk% city on invested monies in order to be prudent and effective custodians of the taxpayers' financial resources) e To maintain a good working relationship with the depository Bankl and To adequately compensate the depository Bank for services provided to the City and, to allow a reasonable profit to be earned, subject to competitive forces in the market place. This bid is intended to serve as the proposal form for the depository agreement. There are several blanks to fill in and questions to be answered. ~A~n~~y alterations, changes, or deletions to this bid may be reason for the Cit~E"o dI'sregar an re so a propose ALL Points OUt& ns an ma es a a requests por n dder's reply to be considered for evaluation, Attachments will be appropriate in order to answer some of the enclosed questions, questions regarding this bid may be addressed toi Harlan L, Jefferson, Treasurer, c/o City of Denton - Department of Finance, 215 Z. XcKinney, Denton, TX 762011 811/666-8221. This bid proposal may be accepted or rejected in whole but not in part. With respect to all banking services contemplated herein, City of Denton agrees to enter into such standard implewenting forms and agreements as shall be established from time to time by Bank One consistent with the policies and procedures of Bank One. The obligation of Bank One and City of Denton are subject to all governmental requirements and restrictions now or hereafter applicable thereto. To the extent of conflict between this bid proposal and any contract to which this bid proposal may be incorporated, the terms of this bid proposal shall govern. See Attachment A -1- apendaNo.._ ~1.3!Q 6 . ppeadaltertt~L~JS Date 9- - q-3 II. CALENDAR OF EVENTS Target Date De criotion of Events August 2, 1993 Bid sent to all banks located in Denton August B, 1993 Advertise Bank depository notice in local newspaper August 19, 1993 Receive proposals from interested banks August 24, 1993 Review recommendation with the investment Committee August 31, 1993 Review recommendation with the City Council September 6, 1993 Receive direction from the City Council September 20, 1993 City Council to award contract October 1, 1993 New Bank depository contract period begins III, CRITERIA FOR EVALUATION The City staff will review the submitted proposals carefully. The recommendations will be based on the proposal determined to be best on behalf of the City and the taxpayers. The following areas will be considered in the evaluation of the proposals CRITERIA SIGHTED PERCENTAGE 401 • Ability to perform the requested services • Agreement to points outlined in this Bid 101 • Cost of banking services 251 101 • Rates paid on Super Now accounts • Financial stability of the Bank 151 51 • Safekeeping agreements accepted 51 • Quality of all reports requested -2- f 6 ry ~a~ - UESTIONNAIRIts Q IV. BANK osted tc thoroughly answer the fo110-4ing questions. Additional The Bank is rOqu if space is inadequate. pages may be appended See Attachments 1• Ho,.r is t!,e bank chartered? Nationally 2, What percent of current loans are classified as non-psztonoing7 .21 1-0 latory agencies Ba have significant problems noted by 3• Doee theastntwenty-four months? If 'Yes "F please explain' the p Not Available Indicate the Hank's capital to assets ratio for the last five years. 4• 7.10'.. 1493 S. What was the sank's 1992 return on assets POW 1.8K1 's Most recent ,VIC (MM) call reports. b• Attach copies of the Bank's moat recent FDIC (UPBR See Attachments V. ACCOUNT DESCRnMONS A. SrlnIFAL sank accounts' The City intends to establish the following Tvve aaQAA NaM zero-Balance Account Bmplo,Sao Claims Account zero-Balance Account ing Aeeount zero-salaneo Account operating Account to alanco Account Koney Xkt Ckg• 4F Commercial payroll Account ent Authority zero-Balance Account ?Ikt Ckg• Industrial Developm~ Commercial Money Rehab Account zero-Balance Account Concentration Account zoro-9alanee Aeeount kt Ckg• Insurance Account tw Commercial Money Electric DistributLon Account zero-Balance Account Money Mkt Ckg. C1ordLe Account Commercial 7tkt Ckg• CDB6 Account Commercial Koney Mkt 0g. Contractual obligation Commercial Ray Robarts Lake Account Commercial Moneyy Mkt Ckg• Public Properties of accounts security Account number or type ht to ope an lth ouqk no changes are anticipated, The City rssecves the rig siss throughout the period if necessary ect to account analy Market Checking accounts not subj Provided' Commercial Morsey and as such balances are not used to offset services -3- lmm~ E 9 Agenda No Agendaile I)atE _ ~'/g/n- ~3 yA I 8. Services and Feee pfd ~v The services which should be made available to the City include bu are not f limited to the followings TOTAL FEE CHARGED/ "STIHATED HONTI-MY R VNI VOL CHARGE DESCRIPTION OF SERVICE 520 O 15 accounts _-sZac-za Account Maintenance 9C 15 accounts a) First original bank statement ~•-ai per account $60.00 main S20.00 acct20/month c x0_00 b) Balance inquiries by phone See e) Balance reporting (dally -ALLaLII 20/month computer reporting system which list previous and current day balances, debits, credits, averages, and check presentments for all accounts) 60 BO/month S 48.00 Deposit tickets (credit posting) 3. S 4. S .035 15,000/month cS;S.nn Items deposited (encoding) S. S 12 3,200/month 5384.00 Checks Paid (debit posting) $ •12_ 1,700/month $204.00 a) Payroll checks e .Ll__ 1,500/month S1Rn_Sy_ b) General disbursement checks $ ,12 50/month S 60.00 c) Other debit posting 6, 60/month wire services 55.00 20/month X100.00 a) Incoming transfers 40/month b) outgoing ( includes-activities-in safekeeping account), I $6.50_ _ 2S/month $162.50 11 Repetitive by computer $5.00 S/month S 45.00 2) Repetitive by phone $8.50 S/month $ 42.50 3) Vroo-form by computer gg 9n _ 5/month 5 52.50 4) Free-Corm by phone c _in_ 151month _ I_;n S) An transfers 7. S/month stop payment request 520.00 3/month S 60.00 a) written request $10.0.0 2/month $ 20.00 b) Automated request by terminal 8. S boxes of coin wrappers furnished each coin type/month 9 incurred 84/month Deposit slips printed * 05 *Input from attached material or information obtained from Dan Ogden. -4- Agenda No - Agendaltem ~ Date TOTAL a y FEE CHARGED/ ESTIMATED MONTHLY PER UNIT VOLUKE _ CAAP.GE DESCRIPTION OF SERVICE * 10. no chg 6 bags/year Large vault cash bags * 11. 15 35 bags/year Plastic drawstring check bags 12. 1/box '5.00/year Safe deposit boxes (10x10) 13. $20.00 4 hrs./month 580.00 Research hours e- 14. Attachment C$300,000 on Cost of collateral pledged * 18.75 average for by the bank (quote coat per See 15 accounts million pledged) 15. attached 1 account Controlled Disbursement service * 20.00 charge 16. 523.00 8 accounts 'nn 00 _ Zero balance automatic transfers 17. S 2.50 50/month S125.00 a) Return items 5 3.00 120/month $240.00 b) Return items recleared S 5.00 2/month S LO.no c) Return item telephone advice * 18. No Chg 15 accounts FDIC insurance cost see *19.Attachment E1 accounts securities clearing and safekeeping F.0( a) Kaintenance charge * $20.00 17/month b) Receipts deposited ' 12/month c) Receipts withdrawal 2/month d} Coupon collections $90 million e} safekeeping of 1seats, 'per' receipt i 8/month f) Book-entry security transfers via Federal Reserve, per transaction 11year g) Audit confirmations 20. 31-weekly Fees for direct deposit services for Payroll employer- (900 employees, total payroll $600400) 530.00 S 60.00 a) Tape charge $ .10 S 90.00 b) ACS settlement 510.00 e) Stop payment orders See attarhpa d) Credit/debit posting See lttarl~cA~ e) Other (list each specific charge) *Input from attached material, or information obtained farm Dan Ogden. -5- agendaNo._~~ Agendallem R- Date 21. List any other applicable bank charges .03 See Attached Fee Schedule NOTES Under a straight fee arrangement with the bank, analysis charges would be debited to each individual account and an analysis fee statement will be mailed to the City each month. Under a compensating balance method, all accounts would be tied to a main account and collected balances would be maintained to offset service charges. Also note, that estimated volume above are projections based on current annual volumes. C. Automatic Payroll Deposit is a !ervice the City would like to offer its 900 employees. The bank would be required to produce bi-weekly payroll transfers from a magnetic tape furnished by the City in ACH format for transfer of funds directly to the employee bank, savings and loan, or credit union account. Please state the bank's procedure for this service and list appropriate cut-off times that would apply. The City's net payroll is approximately $600,000 each pay period. State whether the bank would offer any type of special checking` , money market, or loan account for the City' employees. See ACH Services on attached fee schedule. I 0. Does the bank offer any type of sweep account where excess city funds could be invested at a higher rate overnight than in a Super Now account arrangement? Does s paper prime market bankers sacceptan acceptances sandecollateralized ior insured certificates of deposit, crass h xn the could tund .utilize param y as aan investment alternative? it so, p Plai interest earnings history or attach a separate prospectus. See attachment 8 -6- AgendaNa_ 93 Duo . Ageidalte^~~ E. other services I~t9 =3 d Please specify any other services available to the City of Denton whi may be thought to be beneficial or that may apply to the City. State al related fees. F. Pavme for Services The City intends to pay for all account services provided by the Bank as sat fourth in Section V. a-E. The method expected to be used for the payment of these services is the direct payment method. The Bank should debit the appropriate accounts on a monthly basis. The City will require an account analysis each month which will clearly show volume counts, fees charged, and total price for servicing the account. The account analysis should also show average ledger balances, average uncollected funds, and average collected balances, interest rates and the amount of interest paid or credited to the account. These fees are not subject to change for the length of this contract. Please submit a sample of the monthly account analysis statement that will be provided to the City of Denton. Safekeeping fees for the City's investments shall also be set up on an account analysis and paid monthly. Please submit a sample of the safek^eping account analysis. 0. Collected Funds Definition The City desires to re^eive same day credit for all funds deposited by 3:00 p. m . 7~i\ftii(d(QI[!(a$Cf0(YQ}1i1[;'SfSSt If kY IW Iif `:tdkX!U[fIXYII[7ti11 YkIY]S,L~Cx X]IlOlI7lXxJl1QJ0'0:1 CAY.C!CYk70 If not invested, the funds should earn interest at the rate being paid for super NOW accounts. Please attach proposed availability schedule. Use a separate attachment if necessary. Same day ledger credit is given for funds deposited by 3:00pm. Only collected funds are available for investment, H. Super NOW Rates Please provide a detailed explanation of the Bank's policy and methodology used in the setting of rates paid on Super NOW accounts. Also, provide a schedule of all rates paid on Super NOW accounts since Janiary 1, 1992. Specifically indicate if the rates arr, applied to ledger balances or collected balances. Indicate when the rates change and if they are based on a market rate such as T-Sill discount or yield rate. If the Bark proposes to pay the City a different rate on its eupsr NOW accounts, indicate that proposal. See Attachment F VI. COLLATERAL REQUIREMENTS A. Securities Pledged As security for the deposits of the City of Denton, thn Bank shall pledge to the City securities equal to the largest total balances the City of Denton maintains in the Bank. Certificates of deposit and other evidences of deposit shall be collateralized at 1021 of deposits ioccAkAkxAhmmmK DrSL **;xtkkx xzod "NAK) if0i74 'j~(7dEC.... Y "d~ X%KKXXXWKKX1=XJbX siAMt igDU(X4ItX4LKX[B➢iOI WNKX The securities so pledged, the amounts thereof and the time for pledging same must satisfy the requirements of Article 2560 Tax. Rev. Civ. State. Ann. The city will accept as collateral for its certificates of deposit and demand deposits only those securities identified by the Public Funds Investment Act as el gible investments. Additionally, U. S. Treasury securities shall be the primary securities accepted as collateral. V,e maximum levels needing to be collateralized are estimated to be the maximum amounts for the Super NOW accounts and certificates of deposit estimated to be 53,000,000 *See attachment C -7.. C Agenda% Agg daltem ~ _ These items constitute the only acceptable means of co atera ;,i tp~ ylty's deposits. The securities must be held in safekespit4tty Si verve Bank of Dallas or another third party financial institution pursuant to a safekeeping agreement signed by the Depository Bank and the City u h agreements are not acceptable as collateral to the city of Dento aJy e. ggoorting Requirements The Bank shall provide the City a report of securities pledged on a monthly basis or at any time requested by the City Manager, Finance Director, Treasurer, or a designated representative. This report should reflect the following information as of the end of each month and be delivered to the City by the loth of each month. Total pledged securities itemized byi Name Type/Description/Cuaip Number • Par Value • Current Market Valuo • Maturity Date I Moody's nr Standard 6 Poors Rating (both, if available) C. Safekeeping Requirements The securities pledged shall be held in safekeeping by a separate and different Bank other than the depository Bank. The original copy of all safekeeping receipts shall be filed with the Treasurer of the City of Denton. The City will reimburse the depository Bank for any safekeeping char so, if any. Specify the safekeeping charges that will apply see attached C9 The City, Depository Bank, and the Safekeeping Bank shall operate in accordance with a master safekeeping agreement signed by all three parties , a cor of which is, attached. (See attachment D) tkatxxtkexxiafakeepintxxaankxxia i~aC.ack~dc~o~cxxnrl.~cRAnxlthR x~eA,l~kArt~ez~elx wwc4bd,AAaRrxxthStxC4iyx ~c~hsc:oiLyt:~k:a zwtggmtnxiaChetx*bec ayxmmkxhasxfalledxt.oxVpxx~aosnpc Ravoua~s?cxoaxbr[ t=dmi=Ltfvjf(thisxtyrsamlmtsxsrxtkex¢ ityxkasxdetamtamdxthatxthexdiirytxxt=,* lalMilCCiAA~ARdrefAa~cwMAtAxtzx:RRaeAxtAS3YdtA*xtAXetrAtAryxe3Rerrexasxatange x¢i ~01VfblC:~ax ~RIftdC ~L~xk3~xiAAtltlUtkLRAAx ~ A1ht K A 3A RA AxARXRxARRAx4ReptR 33x~RQaceRtRd xizlt ttasi flitpx lDao~O dzix 1bpUOEdmf f eflOeC: oC~c TT6eOC?~OOt. A copy of the safekeeping agreement and the name of the safekeeping bank to be used in the event you are awarded the Bank Depository Agreement must be submitted with the proposal. D. Collateral Substitutions Any substitutions of the securities or reductions In the total amount pledged may be made only by and with prope►: written authorization approved by the City Manager, the Director of Finance, Treasurer, or his designated representative. In the case of a reductton, the Bank must provide in writing that collateral will be available when nleded to meet normal City balance increases throughout the year. The City most approve all securities pledged, Any state or local government bonds pledged must have a rating of at least A or Al or better by Moody's Investor Services or Standard G Poors Corporation. 8. Maximum Amount Offered Please state the maximum amount, if any, of pledged securities which the Bank is willing or able to commit for collateralized super NOW accounts throughout the contract period above the $500,000 minimum requirement. 85,000,000`00. -8- e Nor* No Apendali~ 3 F. ^!tv to Handle Investments J~ 00 The City of Denton will be responsible for handling the investment b ding process. The Depository Bank, along with any eligible financial institution shall be included in the bidding process as doomed appropriate and in accordance with tho City's Investment policies. 0. safekeetAno/Wire Services The third-party safekeeping bank must be a subscriber to the Federal Security Wire System. In addition to the safskeeping account in which pledged collateral is held, the City must have access to a safekeeping account to which Federal securities can be delivered via the Federal Reserve book entry system for a customer account. H. • r Rates Paid Certificates of Deposit The City may choose to invest in certificates of deposit in the depository Bank or any other eligible financial institution. The depository Bank agrees to accept time deposits from the city for investment purposes in the form of certificates of deposits in varying amounts and maturities at rates determined by the depository's competitive bid as submitted in accordance with periodic competitive bid solicitations conducted by the City. What is the shortest maturity length in days that the Bank will accept for certificates of deposit in amounts of $00,000 or greater? 7 days . i. Interest Rate Calculations Interest on all certificates of deposit shall be computed on an actual day basis (365), and the interest will be paid to the City on the maturity date. Interest calculations will include the first day in the investment period but will not include the day of maturity. Payment will be made by crediting the Bank account. VII4 OVE"RAM A. Definition The City does not intend to have a net overdraft position throughout the course of the contract. An overdraft is defined as ■ negative demand balance in the City accounts collectively, not by individual account. B. Terms Should an overdraft occur In the aggregate, the following stipulation shall SPPIY3 ~ 1. The maximum number of days the overdraft will be allowed is 2. The maximum amount of the net overdraft to be allowed will be $ 3. The interest rate charged for overdrafts will be per annum computed on an actual day basis. Overdrafts and other loan requests are subject to the credit policy of Sank One and will be evaluated on a case-by-case basis. -g- > "n s + endaNo ~.genoa~Se ~ )ait. VIII. OTHER STIPULATIONS A. Regulation Notices attempt to (without obligation) The Bank will notify the City in writing within ton (10) days of any changes in Federal or State regulations or laws that would thereafter affect the depository agreement. The Bank shall also notify the city of any new services that become available to the City throughout the contract period. B. Wire Transfers Notification of wire transfers shall be made within one hour of the transaction and a duplicate copy furnished to the City within twenty-four hours. C. Account Balances The Bank shall have a means of contacting the City prior to 9r00 am each business day to give the ending ledger balances for all !ocounts from the previous working day. D. Bank Bank Statements shall be rendered within five working days after the close of the calendar month. The statement must include deposits made on the last day of the month. The accompanying checks must be arranged in numerical order. S. Riaht to Audit Records The Bank's records relating to the City of Denton accounts shall be open to review by either City staff members or City-appointed independent auditors during normal business hours. F. Financial )teoort■ The Bank will submit a copy of the last audited annual financial statements and the subsequent quarterly supplements along with an annual year and uniform Bank Performance Report. 0. Term of the Aareement The term of the contract period will be for two years beginning October 1, 1993 and ending September 30, 1995. H. Investment Extension Period The Bank agrees to honor and continue any investments made during the term of the depository contract that will mature after the expiration date of the depository agreement at the same rate established before the expiration of the contract. The investment extension period will not exceed ninety days. 1. Bank Failure Should the Bank fail, close, or be forced into reorganlaation during the term of this contract, City reserves the right to cancel the contract and re-bid for City's depository cervices. -10- AgendaNo._ Q ' _ Agandallem !tt ~`3 Date,. -42-~3- IX. PROPOSAL INSTRUCTIONS A. Date Time. Location Sealed proposals clearly marked "Proposal for Bank Depository Agreement" should be delivered to the Finance Department located at City Hall, no later than 2:00 p.m., August 19, 1993 to the attention oft Tom Shaw Purchasing Agent 901-B Texas Street Denton, TX 16201 No PROPOSAL WILL BE RECEIVLD AMR 2100 P.M- s. Response to the Bid point mi that rates the Bank cannot The questionss wherever apossible thHowev r, form agree with should be clearly noted with attachments which explain this disagreement. Please reference the section a supplying ra rah in the answers cases. Also, please clearly restate the question when supplemental pages. C. Additional In ormation_ The City reserves the right to request additional information or to meet with representatives from proposing organizations to discuss points is the proposal before and after submission, any and all of which may be used in forming a recommendation. D. Right t Reiect BLds The City reserves the right to reject any and all proposals. X. OTHER MISCELLANEOUS A. periodic Review City every six The t to evaluate shall the working relationship meeting between the once months the depositar a t responsible solution. More 1f fbe to requtnt meetings may be called if necessary. B. 9.15.° QgAa it Action The final appointment of a depository Bank will be made by the City Council of the City of Denton. C. Bid Adv Isment This Bid will be duly advertised inside and the bring corporat• imits consideration of s the r all financial inst City of Denton, as permitted by state laws. -11- agesdaNo Agenda i teair.~... 06 D.' DesLonW on o[ I101 vLdual4 Upon being awarded the contract, the depository bank shall Yesignatat Ln } writing, an individual to be the official contact person for all Bank communicating the terms of thistcontract shall sbenresponsible City of to sank employees. KI. SUBMISSION CHECK A. Bid with fill-in-the-blank format B. Sample bank statement C. Availability of funds schedule D. Honey Market Fund prospectus if applicable E. Sample monthly collateral report F. Sample safekeeping agreement with the Federal Reserve Bank for collateral 0. Sample safekeeping agreement with the Depository Bank for the City's investment securities H. Sample controlled disbursement agreement 1. Sample wire agreement i J. Sample stop payment agreement X. Sample account analysis statement G. Annual financial statement of the bank along with the last two quarterly FDIC call reports _12- I a e 'r Agenaanem„_. - XII. ALTERNATE BID-LOCKBOX SERF The city of Denton is seeking applications from eligible financial inst tutions bidding on the main bid to include an alternate bid for Lockbox services. The contract period will be the same as the main Bid, beginning on October 1, 1993 and ending September 30, 1995 or thereafter until the successor Depository shall have been duly selected and qualified according to state ls,.i. The City of Denton requires a lockbox account for the purpose of collecting and processing the City's utility bills and property tax revenues. The volume of utility bills the City currently receives through the mail is estimated to be 20,000 pieces per month. Tax ievonues received in the mail are heaviest during the months of November through February and average 5,500 pieces per month. During the remainder of the year, tax revenues mailed in are approximately 1,000 pieces per month. These volume estimates are based on fiscal year ended September 30, 1992 totals. The City separates utility bill collections and tax collections into two divisions because of their unique needs and record keeping conetraints. Each division would require a separate tape returned for input to the City's system. The Utility Division matches the account number, the name of the payor, and the address on the coupon and check. It does not matter if the amount on the check does not match the amount owed on the coupon. The City's system will automatically include the past due amount on the next billing. All coupons must be returned for reference in handling customer inquiries. The Tax Division matches the account number, and the amount. They also require a printout of who the payor on each account number is. If the amounts of the coupon and the check do not match, this must be separately accounted for on a different tape or printout. The Tax Division would need either a copy of each check returned or easy and timely access to check copies on a request basis as well a■ coupons returned with the tape or printout. Attach a stsp by stop explanation of the mail collection and remittance processing procedure that the bank follows. Bid the cost of services based on the options listed belowr 1. Lockbox collection and proceesing with separate computer printouts for Tax and Utility Divisions returned to the City each day. 2. Lockbox collection and processing with a magnetic tape returned to the City each day. Format specifications of the bank given to the City for internally programming the interface needed for inputting the tape directly into the City's system. 3. Lockbox collection and processing with a magnetic taps returned to the City each day. Bank supplies format based on the City each day. Bank supplies format based on the City's system specifications. City uses this format to program the interface for the magnotlc. 4. Lockbox collection and processing with a magnetic tape returned to the city each day. Bank does all programming necessary to convert City's system to capability of handling the magnetic tape. Explain the procedure the bank follows for the record keeping of checks and stabs. Does the bank put checks and stubs on microfiche as part of the procedure? Explain the procedure and cost of processing returned checks. The City requires that returned checks be sent through twice before returning them to the City. -13- . ~;gcnQditetrt ll~~ ~`3 Attach a cash analysis of the dollar savings and efficiency the ty would . ; achieve by having the lockbox service. (Examples take an average deposit of $150,000 which is currently received by the City and processed one day before the deposit is made to the bank. Checks are currently encoded by the bank instead of in-house and are delivered to the bank by courier each afternoon at 200 pm. The City does not process checks on Saturdays, Sundays, or holidays. The city is closed for business days during the calendar year in recognition of holidays. Deposit site increases during tax collection time which occurs November through January. Deposits as large as $1,000,000 could be made during these months with an average Deposit site of approximately $350,000 per day.) List any additional services connected with the lockbox initiation procedure that the bank would provide. Printing of coupons with bar code Printing of envelopes with bar code _ Other List any additional fees not previously addressed in this bid. r All fees bid shall remain the same for the length of the contract period and no additional fees shall be added after this proposal is accepted. Please return this sealed alternate bid along with main bid to the office of the r 1 following person by 200 pm., August 19, 19931 Tom Shaw, Purchasing Agent City of Denton ,901-8 Texas Street + Denton, Texas 76101 No 210 /HALL S< RECSIVED APTER 2100 P.N. AND BEAI.L 66 RSTVANED VNOPENED, The City reserves the right to request additional information or to meet with representatives from proposing organisations to discuss points in th proposal before and after submission and may reject any and all options in this proposal. AFF006SE 00/02/93 -14- 1-.:% Aprndriud... .-0 ""I , CITY ofDENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 TELEPHONE (817) 566-8290 MEMORANDUM TO: Mayor and City Council Members FROM: Bruce Henington, Facilities Manager DATE: September 9, 1993 SUBJECT: PhaseI Renovations of Denton Municipal Complex, City H i i On October 5, 1993, Tom Shaw will resent the Denton Munroval. Complex construction contract to City Council for our app To ensure that everyone has a complete understanding of the project, I will present the entire renovation budget and its financing in detail during the work session on September 14, 1993. Tom Shaw will be present to discuss the bids and the selection process. John McGrane will be present to discuss the sale of Certificates of Obligation. Attachment A, The Phase I Construction and Moving, shows the proposed costs and revenues needed to complete renovation and moving cost for all of Phase I. (Phase I was expanded to include the City Hall, City Hall West and Denton Municipal Complex.) The revenues are monies from the 1986 Bonds, the 1993 Certificates of document Obligation been lconfirmed by the Finance Department. in this The Denton Municipal Complex Budget, Attachment B, shows the project cost of just the DMC construction with identified cost savings features. These savings allows us to purchase needed police lockers, a evidence file system and to increase the construction contingency fund. The remaining funds will be placed in the Space Project Contingency fund. The construction bids received for the Denton Municipal Complex were excellent. The three lowest bids are shown on Attachment C page 1, A complete list of bidders is also attached for yuur reference Attachment C pages 2 and 3. Each bid was broken down into a base bid and seven alternates. Attachment D City Hall Budget, is the proposed biidget for City Hall renovations. We will begin the final drawings for City Hall rwall present the when we get construction of DMC underway. Then we drawings to City Council for your input and app R j S AgepdaNo Agenda;tek- Page 2 September 9, 1993 Phase I Renovations The City Hall West Budget, Attachment E, will be bid in August 1994 and operations and maintenance cost will be funded in the 1994-95 fiscal year budget. The Project Contingency Fund, Attachment F, is designated to be held for future funding of unexpected cost for all Phase I renovation projects. If you have questions regarding these budgets please contact me at 566-8127. At-f-t-A v 8 ce Henington, Faci ties Manager Attachments 1593 . F'M ~an0a No Aflentla~terrt,~-.~ ~ cola AGENDA PHASE I RENOVATIONS OF DENTON MUNICIPAL COMPLEX, CITY HALL AND CITY HALL WEST SEPTEMBER 14, 1993 ATTACHMENT A: PHASE I CONSTRUCTION AND MOVING BUDGET ATTACHMENT B: DENTON MUNICIPAL COMPLEX BUDGET ATTACHMENT C: DENTON MUNICIPAL COMPLEX - Page 1 RENOVATION BID/ALTERNATES #1521 - Pages 2 & 3 ATTACHMENT D: CITY HALL BUDGET ATTACHMENT E: CITY HALL WEST BUDGET ATTACHMENT F: PHASE I PROJECT CONTINGENCY FUND 09/08/93 1577, FM Agenda No A Agendaltek^ /UATTACHMENT A PHASE I CONSTRUCTION AND MOVING BUDGE--- ' _ 3 September 8, 1993 Proposed Cumulative Items Cost Revenue Total Bond )revenues $2,400,000 $2,400,000 Sale of CO's (October 1993) 1,055,000 3,455,000 Utility Transfer For 64,600 3,519,600 Telephone System Utilities Transfer For IS 70,333 3,589,933 Construction 40.891 [DMG] Utility Transfer For HR 38,908 3,628,841 Construction 34.121 (E)MG] Utility Transfer For IS 55,620 3,664,451 Computer Move 40.891 (DMGI Utility Transfer for HR 1,092 3,665,543 Equipment Move 34.121 (DMG] Utility Transfer for City Hall 0 3,685,543 West Project Utility Transfer for City Hall 63,602 3,749,145 Project Asbestos Removal (FM) 100,000) 3,649,145 Architect Fees ( 59,000) 3,590,145 LECC Construction Qnly ( 21229,000) 1,461,145 Telephone System (I9) ( 150,000) 1,311,145 Move LECC Equipment and ( 6,200) 1,304,945 Furniture (HR) IS Construction Only 1 172,000) 1,132,945 HR Construction Qnly { 114,000) 1,018,945 IS Computer Room Move (IS) ( 136,000) 882,945 Move HR 6 IS Equipment and ( 3,200) 879,745 Furniture City Hall West- ( 209,000) 670,745 Construction and Move City Hall- ( 203,000) 467,745 Construction and Move New Roofs for Buildings ( 105,000) 362,745 Furniture/Equipment- ( 362,745) .0- All Phase I Facilities Note, Expanded phase 1 includes the following buildings. DMC (19/HR/Police/Court Clerks/Judge), City Hall, City Hall West DMG - Percentages from David M. Griffith Study; confirmed by finance Department. 1524a.FM ATTACHMENT B apsndaNo ,~la.~-03~a DENTON MUNICIPAL COMPLEX BUDWMenaA-4-"S' Cate 3 DMC CONSTRUCTION BUDGET $ 2,415,0 Low Base Bid/Alternates 1 - 6 _(20347,0001 • Cost Savings due to Low Bid 68,000 • Cost Savings from Control System 15,149 0 Cost Savings - Asbestos Removal 29,230 TOTAL COST SAVINGS $ 112,379 PROJECT ADDITIONS • Police Lockers (8,000) • Police Evidence File System Hardware (17,000) • Increase DMC Contingency Fund (25,000) • Create Phase I Project Contingency Fund --(62,379)- BALANCE DMC CONSTRUCTION BUDGET $ 0 09/08/93 1577. FM s ATTACHMENT C DENTON MUNICIPAL COMPLEX RENOVATION SUMMARY OF THE THREE LOWEST BIDDERS BID # 1521 OPEN DATE: AUGUST 10, 1993 DESCRIPTION STEELS- R.C. SMALL ED A. FREEMAN WILSON INC. BASE BID $ 21280,000 $ 21270,000 $ 2,297,000 ALTERNATE 1 - WINDOWS 6,000 15,000 190500 ALTERNATE 2 - PAVER TILE 24,000 23,G00 24,500 ALTERNATE 3 - UNISEX TOILET 7,000 80000 61500 ALTERNATE 4 - COURT BREAKROOM 6,000 8,000 7,500 ALTERNATE 5 - IS/HR BREAKROOM 90000 80000 7,500 ALTERNATE 6 - PLAZA/SIDEWALKS 150000 20,000 16,000 NOTE: The vendors listed above are the three low bidders, excluding Alternate #7. The complete list of bidders is attached for reference, . o 4 09/08/93 C 1578 . FM (t~ } ATTACHMENT C PAGE 1 HID N 1521 1 ~ 113 NAME DMC RENOVATION »ivrHSmi~:~~ ST7..E1.I3- TONY !N KENT RC SMAI.1. E CONSTR FRFI-MAN CRAWFORD CONSTR OPEN DATE: AUGUST 10, 1993 INC _ PAGE 1 OF 2 UAR'' VVNWRR~ VP-VP- VFNDOK - _Vl NWIt VEN.0o i .-80 -9.Q0 21426609.00 2 270,000.,00 I BASE BID 2,522,000_00 2,,000.00 $2,340.90 $ 2. ALT 01 (WINDOWS) _J20,900,00 S0j000A0$15903,00. -_$23,000(10 $15,000.00 3. ALT #f2 (PAVER TII..E) 525,650.00 __t24,000.00 5211699.00 24,600.00_ ___$231000.00 4. ALT #E3 (TOLIET) _S6,800.00 S7L000.00 _57,617 00_ _551300.00 ____58,000:00 6. _ 56,000.00 _ 58,000.00 5. ALT #t4 (BREAKROOM) _531000.00 _ $66 b~00A0 $7,435.0q- ALT #5 (BRPAKROOM) __15,900.00 $9.000.00 _ 56,992.00 $8,500.00_ 58,000:00 7, ALT #6 (SIDEWALKS) $19 305.00 $15,000.00 $17,054.00 5230200.00_ _ 520,000.00 8, T M7(TEMP. CON'1 ROLS) S11 500.0 $20,000.001 S9 681.00 J $2,__.000.00 ($7,969.00) 1$23 0 00-b,0~ ` .60 9. BID BOND YES YES YES YES YES 10. ADDENDAS I do 2 -V-__ _-Y_---- Yf✓S 11. COMPLETION mAVs 0 BAYS hKDAVS 26115A'1S WDAY5 ATTACHMENT C PAGE 2 132i PID NAME? DMC RENOVATION ORNIIAAS PLYLER SEDALCO I:D A. :(1NSTKUI'1oK CONSTR CONSTR INC WII SON ASSOC OPEN DATE AUGUST 10, 1993 INC; - PAGE: 2 OF 2 - -._---.vCNI)OR-- _VENDOR-VENDOR V[:NDOR-- .__VENDOR UAN[l~r_ llNSCIiI ,ION-. 1. SASE BID 2 664,000_00 $2.632,150.00 _2 30;000_00 22297,000-00_ _2,415,000.00 2. ALT#I (WINDOWS) 513,700.00 Sgj49,00_ 521,000.00 _ S19A500_00 _.$11,929.011 3 ALT +1(2 (PAVER TILE) _523.400.000 526,117.00 529,000.00 5242500_00- _$19,543.0°, 4 ALT #(3 (TOLIET) S4 000.00 $5,849.00-__ 531500.00 ` 56,500,00 _ S3 046_00 5. ALT N4 (BRFAKR()OM) $4,000-00 18,510.00 561500.00 _570500_00 _ $4,933.00 6. ALT #5 (BRFAICROOM) S4 700.00 $7,458.00 561400.00 572500.00 $5208600 6, , - 5.0 7. ALT #6 (SIDEWALKS) 519 400.00 521 723_00 520 000.00 S{ Ib 000.00 $13 655.W t g LT (M7 (TEMP. CONTROLS) __($8 S 000.00) f0,000_0~ 5-131=-- .390 _if~3,+10~00 (s3i~7b0.b(1) S3 100.00 _IIi00,±w~ i3 Ov. 6o - FIS BID BOND YES YES YE5 YFS`- Y i0, ADDENDAS 1& 2 AyeB-ia It COMPLETIONS ~ a 0 1 1 ATTACHMENT C PAGE 3 li A g 5 n d a N o_ AgendaatanL,. 67 Date__ 9~ / ATTACHMENT D CITY HALL BUDGET TOTAL FUNDS AVAILABLE FOR CITY HALL $ 307,418 • 92' C.O. Building Renovation Funds *(83,452) • Proposed Construction Budget *k (200,000) • Proposed Moving Cost (31000) • Furniture/Equipment (20096 TOTAL FUNDS REMAINING 0 + These funds include monies from temporarily deferred maintenance projects as well as savings incurred from good bids on other epecific maintenance projects. Estimated to be bid in March 1995. These funds are for move associated with the city Hall building. These funds are scheduled for conference room furniture and furniture to accommodate City Council. 09/08/93 1577.FM t x AaenQaNo- 93 03~ AgoIda;Iak'!lZ `--`l ue_ _.q ~-4L" ATTACHMENT E CITY HALL WEST BUDGET TOTAL FUNDS AVAILABLE FOR CITY HALL WEST $ 222,600 e Proposed Construction Budget * (200,000) e Proposed Moving Cost (91000) e Furniture/Equipment M HaL TOTAL FUNDS REMAINING 0 * To be bid in August 1994. These funds are for moving Planning and Engineering from City Hall Co city Hall West. These funds are scheduled for necessary furniture for new space in Planning and Engineering operations. 09/08/93 1577.FM a AgeedaNa. Agenda!terrt_..r~ Wis_.Q~/~ Q3 ATTACHMENT F PHASE I PROJECT CONTINGENCY FUND • PHASE I PROJECT CONTINGENCY FUND 62,379 • DMC Budget Surplus 62,379 • City Hall Budget Surplus 0 • City Hall West Budget Surplus 0 TOTAL FUNDS $62,379 k 09/08/93 1577. FM mmmmmff---~ 0 li o~ndiNo. ~ Dail in a~prefiatian of ct.}.~ i~ ~ "J. A. DA>fI=L" WHEREAS, on June 30, 1993, J. R. Daniel resigned, after serving as an Electrician Ainca march 1, 1970) and WHEREAS, durin the past 23 years, J. R. has represented an ex City ample of h a quality service Distribution employeei vendon as WHEREAS, the City of Denton has been fortunate se in having enjoyed t &0 out of Zi. R. andhwi hdtoarecogin a sametnand WHEREA3, J. R. has always servcd above and beyond the effi- cient discharge of his duties in promoting the welfare and prosperity of the City, and has earned respect the full his and citizens of Denton; NOwp1THEREFORE colleag- ues, IT QESOLVED BY THE COUNCIL OF THE CITY OF DENTONt That the sincere and warm appreciation of J. R. felt by the citizens and officers of the naneof Denton, be formally conveyed to him in a p manner by recording this Resolution upon the offi- cial minutes of the City Council of the City of true copy Denton I Texas and as a token of our d ,,;ireciation. thereof PASSED AND ApPROV►D this the Zeday of UXI ~ ' 1993. B B CASTLEBEPAY, K% OR ATTESTt JENNIFER WALTERS, CITY SECRETARY . BYt APPROVED AS TO LEGAL FOP141 DEBRA A. DRAYOVITCH, CITY ATTORNEY I . AQftNo 9-7' oil CITY OF DENTON CITY COUNCIL MINUTES %0! August 17, 1993 Q 4 The Council convened into the Work Session on Tuesday, August 17, 1993. PRESENTS Mayor Castleberry; Council Members Brock, Chew, Cott, Perry, and Miller. ASSENTS Mayor Pro Tom Smith 1. The Council convened into the Executive Session to discuss the followings A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Considered worker's compensation claim of Larry Carter. 2. Considered claim of Shirley Pitts. 3. Considered claim of Wilma Gaffney. 4. Considered action in Texas Waste Management y, city of Denton. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. Council Member Cott left the meeting during the discussion of Tgxgq Waste Manaaement V. City of Denton. 2. The council received a report and held a discussion regarding the designation of the O'Neil Ford Civic Complex as an Historic District and gave staff direction. Frank Robbins, Executive Director for Planning, stated that the Historic Landmark Commission had suggested designating the entire area around the Civic Center Park as an historic district. There would be a two step process for designation which included staff and the Historic Landmark Commission developing key elements and presenting them to council before beginning a formal process of developing an ordinance. These elements would include types of improvements that would necessitate approval of a certificate of appropriateness and who would decide the certificate. That information would be submitted to council for review prior to initiating the formal adoption process. The second step would be Council's formal authorization to begin the process of amending the zoning ordinance by adding the district, after consideration of the Historic Landmark Comm,4,ssion's preliminary recommendations. The process would contain public feedback and Council would be informed of ideas as they developed. d AgendaNo._' Agendaltern,. Oete City of Denton City Council Minutes oZ o August 17, 1993 v/J Page 2 Council Member Brock asked about a time frame. Robbins replied that there was no definite time frame and that it would depend on the types of issues involved. The Historic Landmark Commission would need at least several meetings to consider the issue. Council Member Brock stated that the City would be making modifications to City Hall as work was completed on the Denton Municipal Complex and the Police building. Was it anticipated that this would be in place before any work would begin on City Hall. Robbins replied that there were possible ways to deal with that issue. The Council could ask for advice on renovation before beginning any work. Council could adopt an ordinance and ask for advise from individuals who had the expertise in this area. City Manager Harrell stated that according to the time line adopted by Council for the renovations, there would be plenty of time to decide the issue. Because of the sensitive nature of this issue, it would be beat to proceed with a two step process to work out the details on how the process would work. Council Member Perry asked if this would be a separate district with its own integrity and would it be attached to any other works in the City. Robbins replied that other buildings were not part of this proposal. Council Member Miller felt that there should be some type of review process done before any exterior changes were done to public buildings. F, building might not be a landmark now but could become one in the tdture. Council Member Brock stated that each historic district had a different set of criteria and its own ordinance. She asked if the city Hall ordinance could be written either less or more strict than the one for the residences on Oak Street. Robbins replied correct. Judith Abbott, Chair - Historic Landmark commission, stated that Council needed to keep in mind the process involved. The Historic Landmark Commission was only an advisor to the Council. This process would not be a reduction of Council power but an increase of awareness. Agenda No Agendageq, 2 Date_ City of Denton City Council Minutes 5 August 17, 1993 Page 3 Mayor Castleberry stated that Council could ask the advice of the Historic Landmark commission and then not approve an ordinance. They did not have to follow the commission's advise and were not obligated to establish a formal district. Council Member Chew felt that a key issue would be the functionability of the buildings. The ordinance needed to do what the Council wanted it to do. Would the ordinance mean that the Council would have to return to the Historic Landmark commission for each change of a building. Robbins replied that that would be one of the issues which would be worked out before any formal adoption process. Mike Cochran, Planning and Zoning Commission, stated that the creation of such a district would be symbolic and that there would be no restraints on the function of the buildings. Council Member Miller felt that it would be a good idea for review of the process which would provide for give and take during the discussion process. Council Member Cott asked for the cost of the process. City manager Harrell replied that there would be no direct cost for taking on the process. An indirect cost would be staff time for the project but no direct dollar cost. Consensus of the Council was to proceed with the preliminary process. 3. The Council received a report and held a discussion regarding the purchase of video equipment for the broadcasting of City council meetings. Hill Angelo, Director for Community Services. stated that ECI Video was the low bidder for this project but was approximately $10,000 over the budget for the project. One reason the bid was over budget was that $3500 was included for the installation of the equipment which was never considered a necessity as existing staff was capable of performing this function. Without that expense, the bid was still approximately $6500 above budget. Staff recommended cutting the installation costs but keep the other items. Removal of any of the proposed equipment would impact flexibility and quality of the project. There were available funds to cover the additional expense. I I i I i r 1 4. a AgWaNo._.9-3-O - Agendalterrt, City of Denton City Council Minutes Late August 17, 1993 Page 4 Co uncil Member Perry stated that the money from Sammons was not el m agreement andgwastnot aey' That money was part of the franchise grant to the City, City Manager Harrell stated that the money wary a result of the refranchise. It was a trade-off for a s commitment to broadcast city council meetings. The City hadvreleased Sammons of that commitment and Sammons had granted the City $500000 for the purchase of equipment for televising, Council Member Miller stated that $3500 was indicated for training and would have no impact. Was staff recommending that training remain in the bid. Angelo replied that staff would prefer to keep the training in as it would be manufacturer training regarding the use of the equipment. Council Member Brock asked if the proposals for equipment had been seen by the DIED as they would be involved in a joint venture. Angelo replied that Susan McGuire, the DISD's Public Information Officer, had seen the figures. The proposed DISD budget would allow the DISD to take care of the maintenance contract for the equipment, Mayor Castleberry asked if the DISD were still interested in a cooperative effort, Angelo replied yes, Council Member Chew asked for the cost to operate the program. Angelo stated that it would be approximately $19,000 per year for City Council broadcasting. Council Member Perry asked about the level of training of the individuals who would operate the equipment. He questioned the quality of operation. Council Member Cott stated that he had had much experience with the University of North Texas department which would be working the equipment and knew them to produce good quality work. Council Member Brock asked about the the videos of the meetings. She had seen spriority ideosoofrcouncil meetings when only a small portion of the meeting was shown which might cause a problem especially during a political campaign. 4gendaNo __Q 5 O3 Agendaite City of Denton City Council Minutes August 17, 1993 Page 5 Angelo replied that he had asked for legal opinion regarding such an issue. City Attorney Drayovitch stated that the City might be allowed to copyright the videotapes but those tapes could be copied upon request. Copies would be available to the public. Mayor Castleberry felt that this issue might need to be investigated before the council proceeded. Council Member Brock felt that it should not be a condition to the Council proceeding with the broadcasting. Consensus of the council was to proceed with project. 4. The Council received a report and held a discussion regarding the CityFe noise ordinance as contained in Section 20-1 of the Code of Ordinances for the City of Denton. Tanya Cooper, Assistant City Attorney, stated that in the noise ordinance there was the provision for granting an exception to that ordinance. One provision in the ordinanc, was an unreasonable noise, the use of an amplification, the use of a loudspeaker, etc. on Sunday. There was a basic standard which would be deemed acceptable. The ordinance also allowed for an exception to that standard. In granting that exemption the person seeking the permit was not subject to enforcement until the expiration of the time established. It did not mean that one could not hold the event without a permit without being cited, if an exemption were granted and time expired with noise continuing, enforcement could be done which might include warnings, citations, and finally arrest. The officer did not have any specific authority to remove the noise maker such as the loudspeaker, etc. council Member chew asked if the Council granted an exemption, were they telling an individual that he could make noise as loud as he wanted until the time limit expired. Cooper stated that the person granted the exemption had the authority to exceed the baseline standard and the time period. Council Member Chew stated when Council granted an exemption they were only allowing the same level standard but for a longer period of time. It was not an exemption from not staying in a normal level. Cooper replied that it was not a total exemption from the ordinance. i Apendallem, 2 City of Denton City Council Minutes August 17, 1993 Page 6 City Manager Harrell stated that it was important to remember that if the Council gave permission to exrc,,d tho higher standard when the exemption time expired and the bard continued to play in such a manner that it did not disturb any adjoining property owners, the band could keep playing. Council Member Miller asked if on a Sunday could someone use an amplifier without permission if it were felt that it would not disturb anyone, City Manager Harrell stated that the ordinance spoke to a situation where an annoyance was occurring to an adjoining property. Council Member Miller stated that if that was the case, why have an exemption. What were they granting, City Manger Harrell stated that Council was granting the standard. During normal daytime and evening operations up to 10t00 p.m,, there was a standard of noise which was acceptable. Past that time, there was a higher standard. In granting an exemption, the normal standard was extended. Council Member Perry stated that granting an exemption allowed the use of an amplifier between certain hours. It never granted the right to violate the noise ordinance The trigger for the noise ordinance was the ordinary sensibilities of an individual. Council Member Brock stated that a violation of this type could be pursued by a private citizen or any police officer. She asked how a private citizen would do that. Would it be by calling the police, by a complaint or by a direct complaint to the Legal Office. Council Member Perry asked for comments from Chief Jez on enforcement done with an exemption, Due to time constraints, this item was continued during the Regular Session under Miscellaneous Matters from the City Manger. 5. The Council held a discussion and gave staff direction regarding budget issues and budget calendar for the 1993-94 fiscal year. Due to time constraints, this item was continued during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting on Tuesday, August 170 1993 in the Council Chambers. I Agenda No Agendalla~ - r,ate city of Denton city council Minutes August 17, 1993 Page 7 PRESENT= Mayor Castleberry; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENTS Mayor Pro Tem Smith 1. Pledge of Allegiance. The council and members of the audience recited the Pledge of Allegiance. The Council considered approval of the minutes of the Regular Meeting of July 20, 1993 and the Special Call meeting of July 27, 1993. Perry motioned, Brock seconded to approve the minutes. Council Member Miller corrected the spelling of Steve Woerner and Bob Tickner in the July 20th minutes. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Mayor presented a proclamation for United Way Month. 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning a .62 acre tract from the Multifamily-one (MF-1) District to the General Retail (GR) District [c} with conditions on property located on the north side of University Drive, approximately 250 feet east of Locust Street. 2-93-018 (The Planning and Zoning Commission recommended approval 5-0.) Frank Robbins, Executive Director for Planning, stated that this thwas a e uses rallowedwin was a defined conditiofrom MF-l to General ned zoning district. ReMost of and Commission retail had district inT the Plconteanning and the Zoning general disappropriate share allocation of intensity. There were a series conditions ensure incompatible land use on the property. Ths structure would be roused j structural h ragwould the developent of a patio and garage. No outside &dvertising would be allowed and the maximum gross floor area could not exceed 203 of entire main structure. No food preparation would be allowed on-site. The applicant was not present and if Council felt this was a difficult issue, it might consider postponing consideration 4.t+r- ~ II Agenda Mo_.1~~_ AgendaNerrt___;e' City of Denton City Council Minutes J August 17, 1993 Page 8 to allow the applicant to speak to issues. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was consideredi NO. 93-141 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTIFAMILY ONE (MF-1) TO GENERAL RETAIL WITH CONDITIONS (GR-o) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR .63 ACRES OF LAND LOCATED ON THE NORTH SIDE OF UNIVERSITY DRIVE, APPROXIMATELY 250 FEET EAST OF LOCUST STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Chew seconded to adopt the ordinance. On roll vote, Brock Faye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry $'aye". Motion carried unanimously. B. The Council held a public hearing on the proposed annexation of 23.25 acres located north of and abutting Ryan Road on Forrestridge Drive. (A-62) City Manager Harrell stated that this was a continuation of a public hearing at prior meeting. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. No further action was needed on this item. 4. Public Requests A. The Council considered an exemption to the noise ordinance for the Denton High School Rodeo Club for a loudspeaker d A~sndalierrL~ ~.e2____ City Of Denton City August 17, 1993 Council Minutes Page 9 at the North Texas Fairgrounds October 1 and 2 until 12 midnight and October 3 from 1:00 p.m. - 6100 p,m, CatheriforneanTuck,exemptionAdministrative Assistant, stated that request was the to the noise ordinance with the following hours: October 1 and 2 until 12 midnight, October 3 from 1:00 p.m. - 6:00 P.M. Mike Newberry, sponsor of the Team stated that this was a very shed theaevent tothe Fairgrounds for several oyears o nd.wereeverydaware of the problems in the area and at 10:00 p.m, would turn the sound system down as much as possible. There would be no live music, no alcoholic beveragew on the premises, and had the support of the business community. Without the variance they would have to have the event in Saginaw. in the rodeo wouldibeMonlyrDenton highdsch ole stgroup udents. Newberry replied that there :.ere approximately 58 high schools which were members of the association. Past performances bro,+ght approximately 3000 people into Denton who would be out-of-.own Feople, Council Member Perry asked Newberry to explain why the rodeo needed the hour from 11:00-12:00 p.m. Newberry stated that there were over 700 participants in 3 rodeos which could get quite lengthy at times. He did not think they would be there until midnight. There were times when the rodeo had to stop such as when an ambulance left the arena. The rodeo could not continue until another was present. This might cause the rodeo to go longer than anticipated. Perry motioned, Chew seconded to grant the exemption. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry 'laye". Motion carried unanimously. 5. Citizen Reports A. The Council received a citizen report from Alan Hempstead asking that firefighters be allowed to solicit on the roadways for the MDA Fill-The-Boot Campaign. Alan Hempstead stated that the firefighters were requesting the Council to modify the city ordinance which prohibited firefighters from soliciting on street corners. The current ordinance AQendaNO ~kl Apvdallarr, 'ra C!ty of Denton City Council Minutes August 17, 1993 Page 10 prohibited their campaign for their annual Fill-The Boot campaign. Donations were kept in the Denton area and used for Denton residents. They were seeking the Council's support to modify the ordinance. Ken Gold stated that he supported the request of Mr. Hempstead and felt that MDA was a very worthy cause. Mayor Castleberry stated that there were three Council Speaker Cards from L. B. Jones, Judi Erickson, and Betsy Swofford in support of this item but who did not wish to speak to the Council. Council Member Cott requested Council grant the variance requested. City Attorney Debra Drayovitch stated that the item was not on the agenda for action. The only action the Council could do was to direct staff to bring an appropriate ordinance at the next meeting. Council Member Chew stated that he would like to direct staff to do so. Council Member Miller stated that he was sympathetic to the request but felt that per discussion at the Council's planning session this type of item would be placed on a work session, followed by drafting of an ordinance. Council Member Chew replied that his suggestion was to place the item on work session to review. Council Member Cott reminded Council that the date requested was Labor Day. Council Member Brock felt that there were a lot of different options to accommodate the firefighters. City manager Harrell stated that when this was discussed a year ago, a point of motion offered to direct staff to bring information regarding other ordinances in the Metroplex to proceed with an ordinance. That motion was defeated at that point and nothing further occurred. He felt Council now would like to gather that information to talk about a way to change the ordinance. There was a tight time frame to complete such an ordinance. Council Member Chew asked staff to develop alternatives so as to accommodate the firefighters. Perhaps a temporary cease order to allow them to solicit for funds on the streets. r i r,x,nA AQAfIr~3fi0_.lal~ Ape,~daltem ~ a City of Denton City Council Minutes August 17, 1993 !!v!/i Page 11 City Attorney DraYovitch stated that she was not aware of any temporary provisions of the ordinance. B. The council received a citizen report frnm Dessie Goodson regarding the noise ordinance. Ms. Goodson was not present at the meeting. 6. Consent Agenda Perry motioned, Miller seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Cott "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase orders: 1. RFSP 01526 - Video Equipment 2. Change Order - Gracon Construction P.O. 026052A 3. Change Order - Pate Brothers P.O. 134757 7. Ordinances A. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - RFSP 11526) The following ordinance was considered: I NO. 93-142 i AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, LrjUIFMENT, SUPPLIES OR SERVICES] PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "a•.,e", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion'carricd unanimously. B. The Council considered adoption of an ordinance authorizing the execution of Change Order No. 9 to a contract between the City of Denton and Gracon Construction Company; and providing for an increase in the contract price. (6.A.2. - P.O. 1!26052A) The following ordinance wo3 considered: 'j } A vdaNo Dale__._ ~ i1f _vo City of Denton City Coo ncil Minutes August 17, 1993 Page 12 NO. 93-143 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE. CITY OF DENTON AND GRACON CONSTRUCTION COMPANY; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C, The Council considered adoption of an ordinance authorizing the execution of change Order No. 3 to a contract between the City of Denton and Pate Brothers; and providing for an increase in the contract price. (6.A.3. - P.O. 034757) The following ordinance was considered: NO. 93-144 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND PATE BROTHERS CONSTRUCTION; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. Tho Council considered adoption of an ordinance providing for a change of name for the citizens Traffic Safety Support Commission to the Traffic Safety Commission. (The Citizens Traffic Safety Support Commission recommended approval.) Jerry Clark, City Engineer, stated that this ordinance would shorten the name for citizens and as the Commission was now a decision making board, the current name might be misleading. The following ordinance was considered: NO. 93-145 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE OF NAME FOR THE CITIZENS TRAFFIC SAFETY SUPPORT COMMISSION TO THE TRAFFIC SAFETY COMMISSION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. I i i Agenda No _-Y% _ Agendalterr~,~i~.~ #e~_._ oats City of Denton City Council Minutes ~3 raj August 17, 1993 Page 13 Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew Faye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance approving an easement agreement between Nations Rank of Texas, N.A., the City of Denton, Texas, and Denton Independent School District; and authorizing the acceptance of an access easement from Nations Bank of Texas, N.A. Jerry Clark, City Engineer, stated that this was the location of Fire Station No. 6. The DISD was requesting a bus lane to separate the buses from the car traffic. This easement would provide for that lane. The DISD would assume 1/3 of the maintenance costs of the easement and would allow the City to construct the driveway to the fire station. There were adequate funds in the Station 6 account to do this proposal. The following ordinance was considered: NO. 93-146 AN ORDINANCE APPROVING AN EASEMENT AGREEMENT BETWEEN NATIONS BANK OF TEXAS, N.A., THE CITY OF DENTON, TEXAS, AND DENTON INDEPENDENT SCHOOL DISTRICT; AUTHORIZING THE ACCEPTANCE OF AN ACCESS EASEMENT FROM NATIONS BANK OF TEXAS, N.A.; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, Olaye'f, Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance amending portions of Chapter 14, Article II, ("Health Officer"), of the Code of Ordinances to provide for a designation of a City Health officer; to provide definitions for unsanitary, unhealthful, and unsafe conditions; to provide the Health Of.ficar with authority to make inspections for unsanitary, unhealthful, and unsafe conditions and abate said conditions after notice; and to provide for an offense for any person to maintain said condition after notice to abate. Nonie Kull, Environmental Health Services Manager, stated that several weeks ago Council directed staff to prepare this ordinance. The proposed ordinance would allow the City to deal with any similar conditions such as Fkrtfelt and at a private residence or business. I II I AgendaNo 93 -D.3~ ApendaIterr~ Elate City of Denton City Council Minutes August 17, 1993 Page 14 Council Member Miller felt that the ordinance did more than clarity the present ordinance. It gave authorization to do more than currently could be done. Kull replied that the current ordinance was very broadly defined and that the proposal was structured. Council Member Miller stated that the City would be able to take action it previously could not do. Kull replied correct. Mayor Castleberry indicated that Council had a speaker card on this item from Barbara Coe and Joe Dodd. Barbara Coe stated that she was glad to see the City moving to strengthen the present ordinance. She stated that Section 2B2 referred to an unsafe condition causing harm or injury and asked if that included depriving food and water or shade. Tanya Cooper, Assistant City Attorney, replied that that prevision was already regulated by State law in the Penal Code. That provision was a Class A misdemeanor with a higher penalty than the City could adopt. Cos asked if that situation were occurring where would it be reported. Cooper replied that it would be referred to the State and the District Attorney would be the prosecuting authority. Joe Dodd felt that the proper way to approach this issue was to protect people from animals. If the animals were kept in a condition which endangered people, the Health officer and the proposed ordinance answered many of the complaints. The following ordinance was consideredt NO. 93-147 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF CHAPTER 140 ARTICLE II, ("HEALTH OFFICER", OF THE CODE OF ORDINANCES OF THE CITY OF DENTON To PROVIDE FOR A DESIGNATION OF A CITY HEALTH OFFICER; TO PROVIDE DEFINITIONS FOR UNSANITARY, UNHEALTHFUL, AND UNSAFE CONDITIONS; TO PROVIDE THE HEALTH OFFICER WITH AUTHORITY TO MAKE INSPECTIONS FOR UNSANITARY, UNHEALTHFUL, AND UNSAFE CONDITIONS AND ABATE SAID CONDITIONS AFTER NOTICE; TO PROVIDE FOR AN OFFENSE FOR ANY AgendaNo_ %~~-036 A~EnCattem_ ~ Cite 9-l/- 3 City of Denton City Council Minutes August 17, 1993 Page 15 PERSON TO MAINTAIN SAID CONDITION AFTER NOTICE TO ABATE; TO PROVIDE FOR A SEVERABILITY CLAUSE; TO PROVIDE FOR A REPEAL OF ANY ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE A PENALTY IN THE MAXIMUM AMOUNT OF $20000.00 FOR VIOLATION OF THE PROVISIONS HEREOF; AND TO PROVIDE FOR AN EFFECTIVE DATE. Brock motioned, Cott seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The authorizing the City Manager stoeex cute a adoption agreement and release of judgement in the matter of Texas WaQ*e Management City of Denton. Council Member Cott left meeting due to potential conflict of interest. City Attorney Debra Drayovitch stated that the proposed ordinance authorized the City Manager to execute an agreement and abatement of the appeal of the lawsuit Texas Was A M'a! ement v. the ~f Denton in exchange for the payment to the City of $160,000. It specifically reflected that theffectedjudgement of the trial court in this matter was in no way a regarding the constitutionality of the City's ordinance. There were no settlements in that regard, it merely clarified the monetary amount that Waste Management would pay to the City of Denton. Council Member Miller stated that this would end the appeal process for that District Court trial. City Attorney Drayovitch replied yes but that it did not affect the validity of that judgement. The following ordinance was considered: NO. 93-148 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND RELEASE OF JUDGEMENT IN THE MATTER OF TEXAS WASTE ~NAGEMENT V CITY or DENTON, TOM; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye" Miller llayel~, Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Cott returned to the meeting. i AgendaNa 9.~1a3~ Agenda tent, City of Denton city council Minutes August 17, 1993 Page 16 8. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to execute a lease agreement between the City of Denton and Denton County Archers. Bill Angelo, Director of Community Services, stated that this lease was for 10.15 acres known as the former landfill site. In consideration of the lease, the Denton County Archers would pay $1 per year and agreed to provide inspectional services for the City. The real benefit to the City from the lease would be to resolve the security problem at the site which was subject to vandalism and damage in the past. With the Denton County Archers on the site, there would be traffic on the property on a consistent basis and problems would be reported faster. The proposed lease benefited both organizations. Council Member Perry asked about liability. Angelo stated that the City was fully indemnified from any acts or damages which might occur. The Association had met the City's insurance requirements. The following resolution was considered; NO. R93-046A A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BPCWEEN THE CITY OF DENTON AND DENTON COUNTY ARCHERS1 AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The council considered approval of a resolution appointing William Giese to the Board of Directors of the Texas Municipal Power Agency. City Manager Harrell stated that this was a request of TMPA for formal. notification. The following resolution was considered: ~I ~i AgeidaNo Agvdaltem R~=`ta2 City Of Denton City Council Minutes August 17, 1993 Page 17 C//) NO.R93-047 A RESOLUTION APPOINTING WILLIAM GIESE TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN EFFECTIVE DATE. Chew motioned, Brock seconded to approve the resolution. On roll vote Brock "aye", Cott, 'layell, Miller "aye's, Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9 Procedure and . The Council considered a motion to suspend the Rules of regulations, chapter reconsidered of the Code ordinance c ordinances elating ito Planned Development districts by adding Section 35-158 providing for minor amendments to a detailed plan and reconsidered such ordinance. Frank Robbins, Executive Director for Planning, stated that this recommendation was from the Zoning Ordinance Task Force and was recommended for approval by the Planning and Zoning Commission. Council approved the ordinance by a vote of 4-1 on July 20, 1993 a for fter a public hearing. Since that time there had been a request amendmentdoneunder reconsideration. the pThe rovision ofc this ordinance was as.ociated with the planned development considered earlier in the meeting. Council Member Brock felt that the discussion was in the merits of the case. Whereas the first motion needed was whether or not to reconsider. Perry motioned, Chew seconded to suspend the rules to reconsider the ordinance. Council Member Miller stated that he would not vote for the motion as there had been enough discussion regarding the ordinance when it was passed. On roll vote, Brock "nay", Cott, "aye", Miller "nay", Chew "aye", Perry "aye", and Mayor Castleberry Itnay". Motion did not pass due to a tie vote. :ouncil Member Perry asked for the procedure in order to have his position noted on this ordinance. He felt there were matters which needed to be placed in the record. City Attorney Drayovitch stated that she would research the matter and provide council Member Perry with the informLtion. She felt that a Council Member would have the right to have a statement t ~e~daNo_ ~.3 -036 AgenCaltor~.--~e~. City of Denton City Council Minutes August 17, 1993 Page 18 entered into the record but was not sure if Council had to vote on such. 10. The Council considered an appointment to the Sales Tax Citizen's Advisory Co:-Lmittee. Council Member Miller stated that he had appointed Bryon Hart who was no longer able to participate due to his work schedule. Miller nominated Steve Woerner to the Committee. On roll vote, Brock "aye", Cott, "aye's, Miller flayell, Chew "ayelt, Perry r1aye", and Mayor Castleberry 'laye". Motion carried unanimously. 11. Miscellaneous matters from the City Manager. Council considered Work Session Item 04. 4. The Council received a report and held a discussion regarding the City's noise ordinance as contained in Section 20-1 of the Code of Ordinances for the City of Denton. Council Member Perry asked for the impact on the operation of the Police Department when Council granted an such an exemption. Mike Jez, Chief of Police, stated that the net effect of a variance was to extend the base level of noise to that time granted. Following that time, the Police Department was more strict with the interpretation of the noise ordinance. Often when a citizen complained, he was not willing to sign a complaint so it was the duty of the officer to listen to the noise and determine if that noise violated the ordinance. Since July of 1992 the Police Department had issued over 500 citations for violations of that ordinance. Citizens thought that the police had the ability to stop the noise and shut it down which was not true. The police could issue a verbal warning, issue a written citation or do an arrest. They did not have the authority to stop the noise. Council Member Perry asked of those 500 citations, how many were in conjunction with the Fairgrounds. Jez replied that there were very few in that area and that the citations were spread out over town. Council Member Miller asked how many of the citations were in conjunction with variances granted verses other disturbances. r;~endalterrL,,~-? Date 22_l, City of Denton City council minutes August 17, 1993 D Page 19 Jez replied that in 98-99% of the cases, they were not related to the variances granted. This was a problem which occurred every day particularly on weekends. The Council considered Work Session Item 15. 5. The Council held a discussion and gave staff direction regarding budget issues and budget calendar for the 1993-94 fiscal year. City Manager Harrell stated that there were two parts to this item. One was a review of the remaining calendar for the budget and the second was any remaining questions regarding the budget. At the August 24th meeting, staff would be going through and providing written answers to the questions from Council regarding the budget. There would also be several other items for consideration. At the August 31st meeting there would be a public hearing regarding the proposed budget with a regular business meeting. There would be a specific review of the major budget issues which needed direction and a decision by Council in order to balance the budget and would add any other major budget issues Council desired. This would provide a list of remaining issues which needed to be dealt with prior to the adoption of the budget. The September 7th meeting would have no action items on the agenda with only discussion of the budget. There might be the need to schedule a special meeting if Council was not finished with those items. At the September 14th meeting there would be the final Council action of adopting the ordinance for the budget and setting the tax rate. Council Member Cott asked for a budget on the current tax rate. The assessed valuation had gone down seven years in a row and the actual tax levy had gone up. City Manager Harrell replied that the budget was formulated in such a way that it would not be difficult if Council made a policy decision to stay at $.7180. No budget recalculations were needed. There were budget packages which were recommended to be funded and all Council needed to do was to start taking those packages out in accordance with the priorities of the council, It was there for Council to make that kind of decision. Council Member Cott stated that using the effective rate and a decrease in assessed valuation, it appeared that the City would be spending $13,580,000 with a 97.5t collection. If the $.7180 rate were used, the City would be spending $13,018,000. That was a $562,000 difference between those two. The City was in a continuing downsizing of the assessed valuation in the community. He did not know if it was the Council's work to suggest how that Agenda No.. Agondalta ~ e2 Date_ _!L?-/l L City of Denton City council minutes August 17, 1993 Page 20 $562,000 be withdrawn. He requested suggestions from staff on how to cut that amount. City Manger Harrell stated that the budget was put together so that could easily be done. The major budget issues contained a ranking of budget packages which indicated where the line was drawn for recommendation for budget using the effective tax rate. If Council wanted to see what the alternative budget would be at a rate of $.7180, it was only necessary to go up the line $580,000 and draw a new line. Those packages below that line would be taken out of the budget. Council Member Chew thought it might be worthwhile to look at such a list. Mayor Castleberry asked Council to bring back additional questions for next week. He asked if the schedule was satisfactory with everyone. Consensus of the Council was that the schedule was satisfactory. John McGrane, Executive Director for Finance, stated that he would go over the listing of questions to see if Council required any further explanation. 1. Legal Services - Zoning ordinance - Question concerned hiring an outside consulting attorney to help develop the zoning ordinance and what additional staff time would be required. 2. Recycling Coordinator Position Question concerned a clarification on the total budget associated with that position, the organizational chart and job description. Council Member Brock stated that she was concerned that recycling dealing with the landfill problem was a priority for this year. The Council was now in the position of making this on the basis of a budget decision rather than on the merits of whether this was the beat approach. She would like to know to what extent this proposed program in the budget conformed to the recommendations of the Task Force. 3. Zoning cases - hours per case - Question concerned the productivity measures and how the number of cases being reviewed was declining. 4. Planning revenue/fees - Question concerned an explanation on those fees. 24 Venda No (k~I9AgndaItem R-5 ,Q A . City of Denton city Council Minute, ugust 17, 1993 02 /fly! Page 21 5• Code Enforcement - cost containment - Question concerned looking at priorities or levels of inspection and enforcement. Council Member Perry asked for the impact of noise containment on the Police Department. Council Member Brock suggested looking at events such as the Fry Street Fair. 6• Main Street - downtown investment - Question concerned a further clarification of private investments. 7• Copy Equipment analysis - Question concerned a reduction in copying costs. a• Laylor fund recipients - projected use of fund balance - Question concerned cash flow analysis. Council Member Perry raised the point regarding the requirement of audits from the organizations. McGrane replied that that issue might be looked at when the City renegotiated the organization?s contracts, 9. Use of bar coding - Question concerned the use of bar coding in Purchasing, 10. Parking Meter receipts - Question concerned the decrease in revenue. 11. Athletic programs - total operating costs - Question concerned total operating costs for the programs, 12. Alcohol sale at parks - Question concerned the sale of alcohol at City parks. 13. Recreation fees - non-resident, administration fees, etc. - Question concerned recommendations from the Parks Department, Council Member Perry asked if all vendors had equal access to the parks or were the concessions only for one vendor or specific vendors, 14. Parks and Recreation - proceeds from vendor/concessions - Question concerned the use of proceeds from vendor/concessions. 15. Athletic fields - alternative turf methods - Question concerned the possible use of artificial turf for athletic fields. f Y Agenda No D ' City of Denton City Council Minutes a,2 August 17, 1993 Page 22 16. MLK Center staffing - Question concerned how the standard3 compared to the staffing at other Centers. 17. ADA compliance - Question concerned how the City was complying with the requirements. 18. Denton Municipal Center - cost analysis - Question concerned rental fees which the city was currently paying and utilities/maintenance costs which would be shifted to the center. 19. Facilities Management maintenance budget - Question concerned what was included in the Facilities management budget. 20. Tuition reimbursement - Question concerned what it would take to restore the program back to its current level. 21. Pay plan - Civil Service - Question concerned pay plan for Civil service employees. 22. Incentive award program - Question concerned the standards and the process used. Council Member Miller asked that it include tha dollar amount included in the program. 23. Response to memo from fire fighters - Question concerned a response to the issues and questions the fire fighters had raised. 24. Electric rate comparisons - Question concerned how the City compared to Texas Utilities in electric rates. 25. Wastewater budget - revenues over expenditures - Question concerned an indicated surplus in this budget. 26. Sanitation - ROI - Question concerned why this charge was not applied to the sanitation fund. 27. Water tower - CIP - Question concerned where a new water tower appeared in the CIP. 28. Visioning - Question concerned funds from the sanitation budget. 29. Recycling - long range planning/cost - Question concerned cost and long range planning for recycling. 30. Landfill - State mandates - Question concerned the State mandates for standards regarding reduction of flow with recycling. i Agenda No Apeatla Itenr,~P,s city of Denton City Council Minutes 3 August 17, 1993 Page 23 McGrane raviewed the issues which were raised prior to the August 10th meeting which had already been presented to Council. 1. Current year's pay plan results/managed health care program. 2. Parks - utility lighting fee 3. Ambulance subscription service/County subsidy. 4. Recycling program. 5. Legal services - civil Service & Zoning ordinance. 6. Police - civilian jailers/portable radios. 7. Fire - communication needs/comparative fire loss percentages. Council Member Miller indicated that there were no numbers indicated in the memo regarding the Fire Department budget impact. 8. Street paving Council Member Brock stated that last year when Council started budget presentations, there was an indication that there would be no additional staffing and all budgets would be held down to a minimum. This year it appeared that the total property appraisals had gone down a greater percentage than they did last year but the budget picture was much better this year. She asked why the picture seemed more favorable this year than last year. Council Member Miller stated that Council was looking at rate recommendations for solid waste and water rates. He asked for some comparative data from the surrounding cities for residential solid waste and water rates. Agenda 11 Agendaliem ' S oC Dale 9_/ - 1 City of Denton City Council Minutes August 17, 1993 Page 24 12. There was no official action taken on Executive Session items discussed during the Work Session Executive Session. 13. New Business There were no items of New Business suggested by council Members for future agendas. Mayor Castleberry gave a briefing regarding the County Zoning Board for Lake Roberts. The Mayors of Denton and Pilot Point were automatically on the Board. A public hearing had been held and additional information was to be presented in the near future. 14, There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 8645 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS i JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC0013F Agenda No Date- 3 CITY OF DENTON CITY COUNCIL MINUTES August 24, 1993 °?`J D J The Council convened into the work Session of the City Council on Tuesday, August 24, 1993. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1, The Council convened into the Executive Session to discuss the following: A. Legal Matters Under Sec, 2(e), Art. 6252-17 V,A.T.S, 1, Considered litigation against the design architects of the Martin Luther King, Jr. Recreation center. 2. Considered claim of charlotte Summers. 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. 2. The Council received a report and held a discussion regarding the city's solicitation ordinance and gave staff direction. Lloyd Harrell, City Manager, stated that State law prohibited solicitation in the roadway. There was a provision that a focal governing authority could grant an exception to charitable organizations. The important point to remember was that if Council decided to grant the exception to one organization, then the exception would have to be applied uniformly to all charitable orgqanizations meeting the requirements. The criteria would be uniformly applied to all charitable organizations. Catherine Tuck, Administrative Assistant, stated that the Council's background information indicatAd four ordinances from other cities regarding this issue. Options which other cities %ad included liability insurance, proof of charitability, and time and place regulations. Some cities required proof of insurance for the organizations and some required a liability waiver. Some cities required some proof of charitability with IRS documents or an indication of where the money was spent. Time and place regulations and hours were included in some ordinances. Some ordinances limited the solicitation to daylight or not on a Sunday. Length of time was also addresse•i in some of the ordinances, Miscellaneous provisions included the wearing of safety vests, specific intersections where the activity would occur, and no walking on the roadway. State law would allow the City to repeal the existing ordinance but would he subject to each individual a Ageoda+Vo. ~ J Ag~lodalto tote 9-/S/_-9.3 City of Denton City Council Minutes G~S August 24, 1993 Page 2 group requesting permission to solicit. If the ordinance were repealed, staff felt that some type of permitting process would be best in order to treat each organization in the same manner, Council Member Miller stated that an organization would have to meet all requirements. Council Member Brock stated that she would like to see the ordinance changed to allow, under carefully controlled situations, some solicitation of the type suggested for the MDA campaign, Minimal requirements such as obtaining a permit well ahead of time, showing proof of tax exempt status, showing proof of contributions going to charity, wearing safety vests, where to stand and solicit would have to be addressed. Council Member Chew agreed and liked the Lewisville ordinance. Council Member Miller felt that the following options were important: proof of insurance, proof of charitability, time and place such as 7:00 a.m.- 7:00 p.m., restriction of days to Monday through Saturday, 3 days of solicitation per request with 2 requests per year, specific intersections within the City where solicitation would be allowed, a required 30 day time frame to obtain the permit, a contact person, a description of solicitation methods, and each person on the solicitation drive providing certification of not having been convicted of a crime. Council Member Perry stated that he was not in favor of rewriting the ordinance. Permitting charitable organizations to solicit on the roadways was too much of a liability to citizens and to the city. Council Member Cott stated that he was not in favor of a 30 day permit period as the fire fighters would need a permit sooner than that. Mayor Pro Tem Smith felt that it would not be possible to do anything by Labor Day and agreed with Council Member Perry that she was not sure she wanted to reopen this issue. Council Member Miller stated that this was the reason he had asked for the information. The surveyed cities did not have many requests for the past year. University Drive had students soliciting for car washes practically every weekend. He did not want to rush through the process but wanted at least to see an ordinance for consideration, i VendaNo._~~~2.. 49 ndaRertZ~rSo;~ °E' !k,Ie --y City of Denton City Council Minutes v? August 24, 1993 Page 3 Council Member Chew felt that the current ordinance was only stopping the fire fighters and not students on car washes. Council Member Perry indicated that he was not clear on how the City would get around State law but was not willing to undertake the project. Council Member Brock stated that all charitable organizations would be eligible but most would not want to go through the conditions of the ordinance. The restrictions would lower the numbers without discriminating against any organization. Mayor Pro Tem Smith stated that the current ordinance needed to be enforced stricter. Last year the Council had discussed contacting the high schools, churches and other organizations to explain that this type of activity could not be done. She felt that greater enforcement was needed. Tuck replied that she had met with the high school, the junior high schools, sent letters to churches and the university students. Enforcement was done as a list of priorities. The ordinance was j enforced as best as possible. Mayor Castleberry asked if, under the current ordinance, a citizen j would step off a median into the path of a car, would the City have any liability. I Debra Drayovitch, City Attorney, stated that the City would have no liability at this time. Council Member Cott stated that the ordinance needed to be strong but that this was also a unique situation. He asked for the possibility of having the ordinance ready by the next meeting for consideration. City Attorney Drayovitch replied that their research had indicated that it would be better not to impose requirements such as liability and insurance requirements as a condition for a permit. The Supreme Court upheld that that was a prior restraint where a city or county tried to impose such a condition on granting a parade permit. She would recommend not including such a provision. Council Member Miller felt that this was a different set of circumstances as a parade permit. City Attorney Drayovitch stated that State law did not authorize a city to impose any other conditions. It merely stated that a person may not stand on the roadway for charitable contributions I a~°~daitem Date City of Denton City Council Minutes August 24, 1993 Page 4 unless a city authorized h!m to do so. Council Member Miller felt that it would be a good idea to try and impose those restrictions. Council Member Perry felt that such solicitation impeded the smooth flow of traffic and created hazardous situations in the city. He felt it was an issue of public safety and public access to the streets. Mayor Pro Tem Smith asked if a permit could not require insurance and an individual were allowed to solicit, what would that do to the City's liability if an accident happened. City Attorney Drayovitch replied that she would ask the Council to allow her to defend strongly against such a suit. She felt that it was very unlikely that the City would be held liable in such a situation. She had visited with attorneys from the State and had looked at the statute and federal cases regarding the issue. thenissue. ifneed to word ordinanceewouldrallowychany aritaule ordinance to solicit on the roadway, it had to be a blanket waiver. If an organization represented itself as charitable it would have to be allowed to solicit. Council Member Cott suggested preparing a draft ordinance with the provisions indicated earlier by Council Member Miller. Mayor Pro Tem Smith and Council Member Perry were not in favor of preparing such an ordinance. Council Member Chew and Brock agreed to proceed with a draft ordinance with liability and insurance as suggested. City Attorney Drayovitch stated that State law did not require an ordinance. Council could repeal the existing ordinance and could grant on a voice vote to allow the event to occur. Consensus of the Council was to proceed with a draft ordinance but to not rush the process. 3. The Council held a discussion and gave staff direction regarding budget issues and budget questions for the 1993-94 fiscal year, Due to time constraints, this item was considered during the Regular session under Miscellaneous Matters from the City Manager. a -Venda No. ' Agendai(e City of Denton City Council Minutes o~~/~ August 24, 1993 Page 5 The Council convened into a Special Call Session on Tuesday, August 24, 1993 in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning a 3.463 acre tract of land from the Agriculture District to the office or office with conditions district. The tract was located adjacent to IH-35N at the northern end of Colonial Drive. Z-93-013 (The Planning and Zoning Commission recommended denial of Office and approval of Office with conditions 4-1.) Frank Robbins, Executive Director for Planning and Development, stated that this was an amended petition since the Planning and Zoning commission made a recommendation to Council. The Planning and Zoning Commission recommended denial of straight office and recommended office with conditions. The amended petition was consistent with the Planning and Zoning Commission's recommendation without the bufferyards. The Council had four options to consider with the proposal - (1) deny the zoning outright, (2) approve the petitioner's request which was office with conditions without the buffet-yard and would take 6 votes as the 201 rule was in effect, (3) approve the zoning as recommended by the Planning and zoning Commission which the proposed ordinance reflected which would also take 6 voter, or (4) change the conditions and approve office with conditions which would also take 6 votes. Denial of the propposal would only take a majority vote with any other action requiring 6 votes The proposal could also be postponed if the Council needed additional information. Robbins indicated the uses which were allowed by the Planning and zoning commission's recommendation. The only use allowed would be a professional or administrative office. The office front yard set back requirement was 251 with a recommended set back from the planning and Zoning Commission and approved by the applicant of 401. There would be no parking within 20' feet of IH35. The sideyard was 101 in straight office zoning and the recommendation was 251. The rear yard set back next to a A-?c:~tla fem., City of Denton City Council Minutes August 24, 1993 Page 6 straight office use was lot and it was recomne-nded at 250. In the recommendation was for a 2 story height limit. One of the major issues dealt with the bufferyard. The bufferyard was a recommendation from the Planning and Zoning Commission as they followed the Denton Development Plan's policies for a zoning case. The proposal violated two major policies of the Denton Development Plan, When the general proportionate share of intensity was violated, there were three options for deciding that case. Disappropriate share allocation was not applicable as the study area was already over allocated. There was an option to amend the plan and change standards within the plan. The next step would be t the other o follow the least intense, most logical use in the application, of policies. recommendation, in this dist ict with the conditions proposediowas the least intense most logical land use for that area. The Planning and Zoning Commission recommended a bufferyard with 16 trees in a 20' wide area with a fence. The DENCO 911 took exception to that bufferyard. Robbins felt that the cost estimate might be higr but he could not disagree that that might be the cost for the entire site. It probably would not be the cost to DENCO 911 or any smaller development which would go in the area. One of the proposed conditions recommended no access to Colonial so that there would be no additional traffic on the residential streets but more on the frontage road. The Mayor opened the public hearing. Jim Ferguson, Vice-Chair of the DENCO Area 911 Board of Managers, stated that the Board had discussed how to better utilize the money it received for the 911 area. Currently DENCO leased office space but the Board decided to purchase a building or build one rather than lease. A location on ZH35 was preferred in order to be accessible. There was not any existing structure or blank piece of property which would beat the price which was asked for the proposed property. Staff had been very helpful with this development. At no time did the Board say that they were not going to do what was required of them. They had not with the neighbors and listened to their concerns. He felt that the neighbors were not opposed to 911 but were concerned with what would be done with the rest of the property. At no time did 911 indicate that they would not comply with any ordinance of the City and they were willing to do what was required. in regards to the recommendation of a bufferyard, 911 was willing to do a fence Lut felt that the requirement of a bufferyard was too costly. They were asking consideration to come to Denton and would be a good neighbor. C f i4 ~pendaNo__ , - 4 Agcnda~tem ' Date._~ - City of Denton city Council Minutes August 24, 1993 Page 7 Olive Stephens, Secretary of the DENCO Area 911 hoard of Managers, stated that she had been with the 911 Board since its beginning. She spoke in favor because 911 needed a home and wanted to come to Denton as it was centrally located in the County. It was felt that if 911 had a facility of its own, there would be more money for development of a better sywtem for nenton County. She requested consideration of the request. John Porter, owner of the property, stated that he was in favor of the request. He had cleaned up the property and could not understand why the neighbors and 911 could not get together and end up with a beautiful building which would be an asset to Denton. Randy Corbin, chair of the DENCO 911 Board of Managers, stated that they had been located in Lewisville since the beginning of the District. The proposal was a very good sound request. They had compromised the zoning from general retail to straight office on the tract. It might be that they would need the whole tract. The proposal did not ask for any exception from the Planning and zoning commission recommendation except for the bufferyard. A fence was required because of the transition between the zoning districts which they would install. The plan was fcr a professional attractive building which would represent the District to the community as a professional organization. He believed that this was the best use of the property. He felt the property would not remain vacant and would not become residential property. Russell Bates stated that this was a zoning issue and a bufferyard issue. On January 20, 1993 Mike Pedigo met with City staff and it was determined to request General Retail zoning with conditions from the MXD approach. On March 16, 1993 911 not with the neighbors for feedback and input. On May 3, he was hired by 911 to a There ssist with the platting process and preparing engineering data. meetinga911n changed the request to ooffice zoning 19 Th full rBothat ard met on June 9 to discuss the local meeting and sent a letter to City staff indicating that a bufferyard would be a burden. The Planning and Zoning Commission included the bufferyard restriction in the zoning request. Chuck Carpenter, Denton Chamber of Commerce, stated that he was speaking on behalf of the Chamber of Commerce. He felt this proposal fit into the key element of the 135-W joint promotion. This was headquarters relocation material. The Chamber had worked hard to gat headquarters of variou- organizations in the area. He felt this would be good use of the land. The Chamber considered the request as it applied to the removal of the bufferyard. He had not heard anything that was not reasonable as far as the proposal was Agenda No Agenuattem o2 ate 93 City of Denton City council minutes .~02 August 24, 1993 Pdge 8 concerned. He was comfortable that 911 would be a good neighbor and would use good judgement when they sold the unused portion of the property. Mike Pedigo, Executive Director of 9110 presented the organization and the duties of 911. The Board had set some parameters for the type of property they needed which included being easily accessible and in a good location for all cities, flexibility with the proposal as they would not build on the property until 1996 and good fiscal responsibility in regards to price of the property. They had looked at property all over the County and this was the best that fit those parameters. The office zoning was favorable to them and if they did not use all of the property, any other proposal would have to fit into those guidelines. The restriction,: proposed by the Planning and Zoning Commission were agreeable with the Board except for the bufferyard requirements which did not fall within their financial needs. The Board could not pay the additional 561 cost for the bufferyard. J ohn Scott spoke in opposition. He stated that 911 had worked with the thatneighbors in a very be wonderfulotoshavea911ain manner The but neighbors felt the selection of this site. It was not an appropriate zoning change and residents there was the a grarea eat concern over the long range consequences for zoning change. George Smith stated that he was impressed with the dedication of the Council. As a long time resident of Denton, he was not in any way against progress or against 931. He felt 911 would be an asset to any community. He moved into his home 20 years ago and had seen the neighborhood change over the years. He had lived with a change in property values which were going down and traffic increasing. There were not many sale signs in the neighborhood as it was a very stable neighborhood. There was much commercial property in Denton and he asked the Council to protect the integrity of the residential neighborhood. The Council had the opportunity to show that citi;ens counted and that the goal was not to bring business to Dentoi, at any cost. Michele Winsor stated that no one speaking in favor of the request lived in the arer of the tract in question. In 1973 the Denton + Community Development Department recomrended that a reclassification be disapproved due to the already zoned rcreage south of Thunderbird and any further encroachment would be detrimental to the existing single family homes. As of today the neighborhood had expanded to a much greater degree of stability. This was a low density area and the proposed spot rezoning would AgonlaNo A5vdalte City of Denton City Council Minutes August 24, 1993 Page 9 exceed by an extreme amount the current intensity trips. The separation Policy was also v+ fated. She felt that the tract should remain as it was which wes the least intense most logical use for the property. As the proposal was stated there was too much ambiguity and flexibility for the remaining portions of the acreage. Barbara Vance stated that when they bought their in 1965 the ands hat sthesuch curr nt they officeknew zothat ning the tbuilt would r be nretail lfor be heir protection to buffer thom from businesses. Her husband had been one of the members of the committee which worked on the Denton Development Guild indicating that Payne Drive would bb the dividing line between residential and commercial development. She had a problem with oltizens giving their time to the community and then disregarding the plans suggested. She favored leaving the property as it was. quesBarryionWalters He stated that he lived adjacent to the property in location for their office, If 911 was not going to build until 1996 or 19970 there would be plenty of office space available with the hospital moving out across the street. He indicated that he was concerned about the integrity of the neighborhood. There would be three houses trapped between commercial zoning. The property values in the area had alrea~i., devaluated with the buildinof homes of lesser value in tiei area. The neighbors were also concerned about what 911 would do with the property it was not going to use. John Cooper spoke in opposition stating that he wanted to protect the value of his home. He had heard that this was the best deal which 911 could find and raised the question that it really was just the cheapest property which would suit their needs. only iu)o yards north of this property was a planned development already zoned for this type of use. There were other properties which were available to meet 911'a needs. This was also the first time he had heard from 911 that they would possibly not sell any of the acreage, Mayor Castleberry indicated that there were two speaker cards from John Upchurch and Phil winsor noting their objections but not wanting to speak. Mike Pedigo was allowed a five minute rebuttal. He stated that the zoning case was not about speculation and other parcels available. H^ did not feel that the valuation of property was the market's fault and was not 9110s fault and that 911 would not devaluate the 4 e a y Ageodaftar~.5.oS City of Denton City Council Minutes Date 19 August 24, 1993 Page 16 surrounding property. The Mayor closed the pubic hearing. Council Member Miller asked where the building would be placed for 911. Pedigo replied that at this point there was no site planning or platting completed. They did not want to invest in that until they had purchased the property. Council Member Miller asked what the normal landscaping would require. Robbins replied that assuming that the property was already zoned, only a 6' wooden or masonry fence would be required. Council Member Miller indicated that someone had stated that 911 might use the whole piece of property for 911. Pedigo replied that 911 did not need the entire parcel and could not buy only a portion of tho property. The maximum need at this time would be 10,000 square feet, Council Member Miller asked about 911's position regarding the bufferyard. Was there a position somewhere between the fenco and a Class D bufferyard which would be acceptable. Pedigo replied that he was not in a position to make a change without Board approval but felt that there was no middle ground at this time due to finances. Council Member Cott stated that the MUX and the associated bufferyards had not been assigned by Council and was therefore still theoretical. Robbins replied true but that there had been a number of bufferyards added to other cases. There had been additional bufferyard requirements in other conditioned Boning districts such as Hunter's Ridge. Council Member Cott stated that that concept of a bufferyard was not yet approved as an acceptable transition between types of zoning. It had been used to certain cases but was not mandatory, Robbins replied correct. i VeadaNo_ AgeedalterrL. & :rte NO City of Denton City Council Minutes 4 .3.5 August 24, 1993 Page 11 Council Member Perry asked what the proposed zoning would do to density and intensity of the tract. Robbins replied that density was not affected. There was an intensity violation of significant proportions with the proposal. Actual trips would only be on the frontage road as no access was allowed on Colonial. Mayor Castleberry stated that all traffic would be from the service road. Robbins replied correct. Mayor Castleberry stated that this pr.)perty might not be developed as residential property. Robbins replied that this property could be developed as other than single family use. Mayor Castleberry asked if the recommendation received by Council had been suggested by staff to the Planning and Zoning Commission or was it Planning and Zonings recommendation. Robbins replied that it was a staff recommendation and had been part of the recommendation since the beginning off the proposal. Mayor Castleberry asked for the difference between the proposed bufferyard and the current ordinance. Robbins replied that the proposed bufferyard would have 16 trees per 100+ in a 20' wide area plus a fence. Assuming the property was zoned, the current stands%d was only a 61 fence. Council Member Miller stated that there was a landscaping ordinance. Would there not be requirements for other trees besides a fence as part of that ordinance. Robbins replied correct. Council Member Miller asked where those treys would be planted. Robbins replied they would only be in the front of tht. building. Council Member Perry stated that residents in the area had been taxpayers in the City from 7-40 years. The 201 rule was not just barely over the rule as almost all of single family homes voted against the proposal. The proposal exceeded intensity and he was uneasy of what would be done with the property as one Council could ~gandaNo. 6 Ageidaltem ~11'11~ ibte.~~:L;f 9 City of Denton city council Minutes August 24, 1993 Page 12 not bind another Council. Maintaining the integrity of the neighborhood was very important. Mayor Pro Tem smith stated that someone had indicated that 911 would be paying ad valorem taxes. Pedigo replied that they would not be paying ad valorem taxes as they were a governmental entity. Council Member Miller stated that if 911 sold the other pieces of property they would be subject to ad valorem taxes if they were not a governme^tal entity. Pedigo replied yes. Miller motioned, Cott seconded to adopt the ordinance as recommended by the Planning and Zoning Commission without the requirement of the bufferyard. On roll vote, Brock "nay", Cott "aye", Miller "aye", Smith "nay", "na failed with aP3-4yvote t. ' and Mayor Castleberry "aye". Motion 3. The Council considered a motion to approve the 1993-94 Denton Convention and Visitors Bureau budget as presented and submitted to the City Council. City Manager Harrell stated that Items 3-7 were approval of the budgets which had been previously reviewed with Council by the recipients of the hotel/motel tax. Smith motioned, Chew seconded to approve the budget of the Denton Convention and Visitors Bureau. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. The Council considered a motion to approve the 1993-94 Denton County Historical Museum budget as presented and submitted to the City Council. Cott motioned, Brock seconded to approve the budget of the Denton County Historical Museum. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 5. The Council considered a motion to approve the 1993-94 Denton County Historical Foundation budget as presented and submitted to the City Council. AgendaNo_ ekO-g&M A,genda11aJm 95 ~a C'.ty of Denton City Council Minutes Cbt8 9L/ ~--3 August 24, 1993 r/41s, Page 13 Brock motioned, Cott seconded to approve the budget of the Denton County Historical Foundation. On roll vote, Brock "aye", Cott, "aye", Miller "aye'", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 6. The council considered a motion to approve the 1993-94 Greater Denton Arts council budget as presented and su*-Atted to the City Council. Perry motioned, Smith seconded to approve the budget of the Greater Denton Arts Council. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, 7. The Cuuncil considered a motion to approve the 1993-94 North Texas State Fair Association budget as presented and submitted to the City Council. Cott motioned, Miller seconded to approve the budget of the North Texas State Fair Association. On roll vote, Brock "aye", Cott, "aye", Miller "aye'", Smith "nry", Chew "nay", Perry "nay", and Mayor Castleberry aye . MoL•ion carried with a 4-3 vote. 8. Ordinances A. The Council considered adoption of an ordinance approving the 1993 appraisal roll for the Denton Central Appraisal District. John McGrane, Executive Director for Finance, stated that this was the roll from the District which indicated the values of the properties located in the City. Under State law, the City was required to have the governing body approved that roll. The following ordinance was considered: NO. 93-149 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPPOVING THE 1993 APPRAISAL ROLL AND PROVIDING FOR AN EFFECTIVE .)ATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smitn "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. ~I i AgendaNo. AgvJa teep Late City of Denton City Council Minutes August 24, 1993 Page 14 B. The Council considered adoption of an ordinance authorizing the Mayor to execute a contract between the City and William and Elizabeth Holland for the purchase of real property. (The Planning and Zoning Commission recommended approval.) Bob Nelson, Executive Director for Utilities, stated that the property was located near the current landfill on Foster Road. The following ordinance was considered: NO. 93-150 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT BETWEEN THE CITY AND WILLIAM AND ELIZABETH HOLLAND FOR THE PURCHASE OF REAL PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordnance. On roll vote, Brock "aye", Cott, "aye,', Miller "aye", Smith "aye" "aye", Perry "aye", and Mayor Castleberry "ayell. Motion carrChew ied unanimously. C. The Council considered adoption of an ordinance establishing fees to be charged for emergency ambulance services in the City as provided for in Sec. 27-102 of Article IV of Chapter 27 "Vehicles for Hire" of the Code of Ordinances of the City of Denton, Texas; and repealing all ordinances in conflict herewith. Rick Svehla, Deputy City Manager, stated that this ordinance had been discussed at a prior Council meeting and would raise the fees from $120 to $200. Several area cities had been surveyed and this was a middle increase in comparison with those cities. The increase also included costs of non-recyclable drugs, etc. Council Member Chew reiterated his position as discussed at a prior meeting ccrc:erning the other entities not paying their fair share. The following ordinance was considered: NO. 93-151 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING FEES TO BE CHARGED FOR EMERGENCY AMBULANCE SERVICES IN THE CITY AS PROVIDED FOR IN SEC. 27-102 OF AF.TICLE IV OF CHAPTER 27 "VEHICLES FOR HIRE" OF THE CODE OF CRDINANCES OF THE CITY OF DENTON, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. i 3p ~ I 3 VndaMo..- City of Denton City Council Minutes tte.~ 5 August 24, 1993 Page 15 U%f Miller motioned,Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew with11a 5e2r oteayll' and Mayor Castleberry "aye". Motion carried 9. Resolutions con sidered the 1993-94hbudget of the C nt alp Appraisal al of a resolution regarding District. City Manager Harrell stated that State law required the Cityrs approval of this budget. The following resolution was considered: NO. R93-048 A RESOLUTION OF THE CITY OF DENTON, T;'XAS APPROVING THE 1993- 1994 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Miller motioned, Cott seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew unanimouslyY "aye"' and Mayor Castleberry "aye". Motion carried 10. Miscellaneous matters from the City Manager. The Council considered Item 03 from the Work session. 30 The held a discuson and aff on regarding budgetlissues and budgets4ilistibns forethet1993 94rfiscal year. City Manager Harrell stated staff would be reviewil9 the answers to all of the questions posed by Council during budget deliberations. Next week there would be a formal public hearing concerning the budget during the regular Council meeting and the following week would be a review of the remaining major budget issues needing to be resolved. John McGrane, Executive Director for Finance, reviewed the Council's questions and answers. 1. Legal Services - Zoning Ordinance Council Member Cott asked about the amount in the budget for this item. I ~gendaNo_~ AQ -ndallem Date ate- City of Denton city council Minutes August 24, 1993 Page 16 Frank Robbins, Executive Director for Planning, stated that there were two costs associated with this item. The $121,950 was a value or cost of what had been done since 1990. That was done without any packages in the budget so it had no fiscal impact. The $10,600 was a value cost for what it would take to complete the project. 2. Recycling Coordinator Position - Zoning Cases - Planning Revenues/Fees - Code Enforcement/cost containment - Main Street/ downtown investment. Council Member Perry asked for a clarification of the $500,000 for Main Street. Robbins replied that that was the estimate of the private investment to be made to the 1993-1994 fiscal year for the Main Street Program. 3. Copy Equipment Analysis 4. Laylor Fund Recipients - projected use of fund balance 5. Purchasing - Use of Bar Codes 6. Parking Meter Receipts - enforcement 7. Athletic Fields/total operation cost - Alcohol sale at Parks - Recreation fields - alternative turf methods - MLK staffing Council Member Chew asked for consideration of placing a full-time staff person at the Martin Luther King, Jr. Recreation Center to address some ethnic needs as well as other concerns of the neighborhood. He felt more information was needed in regards to having a full-time staff person at that Center. City Manager Harrell stated that this would be an additional major issue and he would develop more information. 8. ADA Compliance Council Member Miller asked if the Library problem was addressed as a budget issue. Bruce Hennington, Facilities Manager, stated that they were in the process of detailing options for the Council and felt that it could be done in this budget year and would not lose the historic doors. Council Member Cott asked if the ADA work had to be this year or was there a time frame to do the work. 93 ~0.3G Uganda No. Agendalla !ale ._L° 3 City of Denton City Council Minutes August 24, 1993 Page 17 Hennington stated that by law if there was a yearly plan to do the projects, they did not have to be done all at once. City Manager Harrell stated that the $19,000 which was included in this budget was the portion of the plan coming due next year. Council Member Perry stated that the Library had suffered considerable cuts in the past several years. He would like to see Council consider restoring the previous cuts in such areas as the children/adult books. City Manager Harrell referred to pages 78-79 of proposed budget which indicated the packages which were included in the proposed budget. There were a number of library packages which were designated as restoration packages. Those would be coming back into the budget such as adult library books. Pages 80-82 were packages which were not included in the proposed budget. There were no library restoration packages in that area but were some new packages which were requested but not funded. 9. Denton Municipal Complex - cost analysis Council Member Cott asked if it were intended that any expenditures in the Complex would be funded with a certificate of obligation or bonds. City Manager Harrell stated that all capital items would be funded with a combination of certificates of obligation and bonds. All operation and maintenance expenses would come out of the general operating budget. The budget included operation and maintenance expenses to activate the Center when completed. Council Member Brock asked how long it was anticipated to pay off the certificates of obligation with the associated rental of the Center. McGrane replied approximately 10 years. 10. City Hall West - cost analysis. 11. Facilities Management - maintenance budget 12. Tuition Reimbursement - Pay Plan - Incentive Award Program City Manager Harrell stated that these items would be included in the major budget issues. 13. Response to Memo from Fire Fighters AaendaNa-.g„e Ageadalterr~../~/.~ ~a City of Denton City Council Minutes August 24, 1993 Page 18 Mayor Castleberry indicated that there was a citizen request to speak card on this item. Ken Gold presented Council with a handout regarding a prior memo which was included in the agenda backup materials. He stated that very few fire fighters would receive step raises for a second year with the proposed budget. He questioned the benefit statement that the City paid 143 of the firefighters pension. He felt that the benefits adjustment was pay, not a pension pick-up or a payment to a pension fund. His last issue related to staffing at the fire stations indicating that staffing at the stations was too low. City Manager Harrell stated that the discussion regarding the contribution to pension was one of semantics. If it were said that the City did not contribute 151 to the fire fighters, then it had to be said that the City did not contribute 103 to the other employees. There was an inequity in the amount in either case. 14. Utility rate comparisons 15. Wastewater budget - revenues over expenditures 16. Sanitation ROI 17. Water Tower - CIP 18. Visioning 19. Recycling long range planning/costs Council Member Miller stated that the numbers on Table I included in the back-up did not add up. Bill Angelo, Director of Community Services, stated that there was a typographical error in the Table. Council Member Miller asked if the City did not have a grant with the waste oil collection program. Angelo replied yes but there would be no income from that program. With the $2000000 grant received from the Texas Water Commission, $6,000 would be designated for a contingency fund for contaminated oil. 20. Fire - communication needs 21. Fire - fire loss comparisons r 14 . ADM NO. 1U Agandaltertt. ~ '~•Z ate ~ . ~ ~ City of Denton City Council Minutes August 24, 1993 Page 19 Council Member Perry asked about the Opticom System and in particular on the corner of Carroll and Hickory. 22. Disabled Persons Exemptions 23. 1992-93/1993-94 Budget Comparisons Council Member Miller asked how many net people were proposed to be added which would impact the budget. City Manager Harrell replied five full time equivalents in the general fund and seven in the solid waste department with three less positions in the rest of the utility department. Council Member Brock asked why prospects for income seemed better this year than last when the ad valorem tax rolls were down greater this year than last year. McGrane replied that it probably was the comparison from the preliminary roll to the certified roll as the certified roll did not indicate that. 24. Keeping tax rate City Manager Harrell stated that in order to keep the tax rate at $.7180 as opposed to the recommended effective rate of $.7490, it would be necessary to reduce the proposed tax rate by $.035 cents. This would translate to finding additional cuts or revenue enhancements totalling approximately $562,000. In order to share the cuts with all of the departments, all of the new packages would be eliminated from the proposed budget totalling approximately $3420000. To that amount, $75,000 could be added from an adjustment to the compensation program and $13,000 could be added from eliminating the additional over 65 exemption. Even with those cuts, the budget would still be $112,000 short and Council would need to look at revenue estimates or the fund balance to make up the difference. The difference could be made up all from the fund balance but it would not be prudent to do so as the level would then fall below the 104 level. That was the type of cuts which would be necessary to be able to achieve that goal. The reason the budget was proposed at the effective tax rate was due to the growth in sales tax. Council Member Cott stated that the effective tax rote allowed the same amount of money to be spent as last year. The difference was that there was not the same assets as last year. In most organizations, when the assets went down, the spending went down also. y F Agenda No_ 93-U6 Apendaltem ~ '*G( _ Date City of Denton City Council Minutes August 24, 1993 Page 20 Council Member Miller asked how the City had less assets. Council Member Cott replied that there was less assessed valuation. Council Member Miller stated that that was the source of the City's revenue. The assets were parks, buildings, etc. Council Member Cott stated that the ad valorem tax was based on assessed valuation. If the City took from the retailer in the source of added sales tax, then other areas needed to be reduced as well. Council Member Miller felt that the City was adding assets on the basis of what to service and maintain. The new park was an asset with maintenance requirements which required revenue. Council Member Brock stated that the retailers would not be paying the additional sales tax. It would be the consumers. Council Member Miller also stated that there was a task force which had been appointed to study the sales tax issue and a decision had not been made yet. McGrane stated that the final questions dealt with issues which the Council had raised earlier. Mayor Castleberry asked how it was that Ft. Worth would not be increasing their health insurance. There were some areas in the specialist areas which had increased greatly under the new plan. He asked if any of those areas had increased again. Tom Klinck, Director of Personnel, stated that that would be part of the recommendation which would come before Council. Mayor Castleberry asked which specialist areas had increased the most. Klinck replied with Sanus and the gate keeping system, the claims were approximately $1.4 million. Because of concern of delivery of service and access of service, it was recommended to go with a fully-insured program with an expanded list of doctors and returned 701 of the dollars to the community. As a result of that, utilization did increase the first year with no gate keeping system. Claims that year were approximately $2.1 million. This past January there was seen a reduction in claim costs and a better plan in terms of dollars spent. Part of the renewal would include a gate keeping system for referral to specialists. i yy1 P: AgendaNa _ Agenda lterrL-01~ - 9 City of Denton City Council Minutes August 24, 1993 Page 21 11. There was no official action on Executive Session items discussed during the Work Session Executive session. 12. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Perry asked for a discussion regarding the Opticom system. B. Mayor Pro Tem Smith stated that there had been some resignations from several boards/commissions and asked for the procedure to fill those positions. C. Council Member Miller reminded the Council of the meeting with Congressman Sarpalius. D. Mayor Castleberry asked for Council represen':atives to work with staff to w,)rk on the reception for September 11, 1993. Mayor Pro Tem Smith and Council Member Brock voluntfered to work with staff. 13. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned 10:25 p.m. BOB CASTLEBERRY, MAYOR JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC00143 1 F ~ 406WO, CITY COUNCIL REPORT - t- / TO: Mayor and Members of the City Council 7~ FROMi Lloyd V. Harrell, City Manager DATE: September 14, 1993 SUBJECT. Street Closing Request for a Neighborhood Block Party on Sandpiper Drive, on Friday, September 241 1993 RECOMMENDATION: To temporarily close Sandpiper Drive, from Skylark Drive to Pennsylvania Drive, on Friday, September 24, from 7:00 p.m. to 10:00 p.m. for a neighborhood block party. SUMMARY: Tish Becker, representing the neighborhoa-31 has requested that the street be closed to provide adequate space and safety for those attending the block party. The property owners affected by this closure have signed the attached petition. Both the Police Chief and Fire Chief have been advised of this event and have no safety concerns with this temporary street closure. Please advise if 1 can provide additional information. RESPEC LILLY SUBMITTED L1 y V. arrell City Manager Prepared by: Catherine E. Tuck Administrative Assistant e: \►pdotf \re fb frxdpI p. r Agenda Ko..Ye Agenda Ilegl/?~ Date 9-/s~ 93 RESOLUTION NO. 6-Ry A RESOLUTION TEMPORARILY CLOSING SANDPIPER DRIVE BETWEEN SKYLARK DRIVE AND PENNSYLVANIA DRIVE ON FRIDAY, SEPTEMBER 24, 1993; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tish Becker, representing the neighborhood, is re- questing that a portion of Sandpiper Drive from skylark Dive to Pennsylvania Drive, a public street within the corporate limits cf the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of 7:00 p.n. and 10:00 p.m. on September 24, 1993, for the purpose of having a block party; and WHERLAS, the residents of Sandpiper Drive, from Skylark Drive to Pennsylvania Drive, having signed and presented the City Council with a petition agreeing to the temporary closing of Sandpiper Drive; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Sandpiper Driven from Skylark Drive to Pen- nsylvania Drive, a public street in the corporate limits of the City of Denton be temporarily closed to vehicular traffic frog the hours of 7:00 p.m. and 10:00 p.m. on September 24, 1993, for the purpose of having a block party. SECTION II. That the City !tanager shall direct the appropriate City Department to erect barricades at skylark Drive and at Pennsylvania Drive, at 7:00 p.m. and to have the same removed at 10:00 p.m. on said date. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., r / ll(J iJ Wl. ,u, ~~,y r3 REQUEST FOR STREET CLOSUR~6 Organization Requesting Street Closures- / Contact Persons J i_S h, Bee k to Address: ~1~-- dnin r- Phone Numbers Street To Be Closed: _snridai'aer- Fri C ' Date and Time To Be Clo edsrr1t l~r Qq 7- /o Intersecting Streets: Fr Reason For Closure s Ll'n in Please compli.te the lower portion of this form. ALL property owners and/or tenants affrcted by the street closure MUST be contacit-ea and must sign below with an indication of being in favor or in oppoeition to the street closure. Name o't property Owner/ Address Authorized Favor/ _ Tenant of Property Signature _ oppose ~s .1 'bAL7JE c; CRY Z. d~ A' _ r 3.) 4. ct PC-k! 6. 1?ti Oar . f c~ 9. C<f~ - of i ✓ E',- i1/~~llA~ ~~EucnY«. S.hir~ ~l1 5~,~>>'rr'['~ i.►,'.,/4 i~3` ~ I -tea I 8 'v gh~r Aa9ndaNo -o3G _ Agcndaltej~, 5_._•,.~_ REQUEST FOR STREET CLOSURE1e Organization Requesting Street Closures Contact Person: Address:~~~•~~r n Phone Numbor) Street To Be Closed; .S v Date and Time To Be Closed: ; M Intersecting Streets: 0 6j ll ~ Reason For Closure Please complete the lower portion of this form. ALL property owners and/or tenaats affected by the street closure MUST be contacted and must sign below with an indication of being in favor or in opposition to the street closure. Name of Property owner/ Address Tenant Authorised Favor/ of Pro rt i nature / se 2' nn~,`d~~llrilT I Ob r~ I~n.,`.°1`.rTy s.~oL~,v /inn l ,q~ - f -JVVr.• ~?a. o r 10 C ' -,Detl(il III ct' i agenda No 115 I m " A6e~da Se RE UES:T FOR STREET CLO9U~~ Organization Requesting Street Closure: J Contact Person: "li;-, Berk Pr Address: 91,2 SRA~lninP.Y Phone Number x$,Z-a(a 7i Street To Be Closed: Date and Time To Be Closed: 7c Intersecting Streets b' Reason For Closure Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contacts and must sign below with an indication of being in favor or in opposition to the street closure. Name of Property Owner/ Address Authorised favor/ Tenant of Pr02qF ty 8lanatu n Oppose 1.~,•a r~~ A/~/~~6 i (~f .~~r a ' r~lf .,~j~~'G.~ 2. 5. 6. 7. 8. 9-- 10. AMMOOOFC ApendaNo_ -0 ApanCa~te ~//S/ '~y~ REQUEST FOR STREET CL.OSL /Y 3 Organization Requesting Street Closure: Contact Peisonr ►',hh Address i of 3a rid p1 er Dr. Phone Number:_ _ - 16 -7 - -1-Street To Be Closed: 20 r ,4k1j, odr- Date and Time To Be Closed:_ ~lri..1 .57` hfPm h op--:Lk 199.? 7 ~D k?f~ Intersecting Streets:_ ~ 114~f 11._/at2IA62 s , )-C Reason For Closure:--1310 Please complete the lower portion of this form. ALL property owners and/or tenants affected by the street closure MUST be contacts and must sign below with an indication of being in favor or in opposition to the street closure. Name of Property Owner/ Address Authorized Favor/ Tenant of Pro rt S! nature 0 se 1. ' 3. - - d 4. 5. 6. 7. 8. 9. 10. AMM000FC Come to the First Annual , Sandpiper r s ,v, Meet your next door k ~d Block Party neighbor, and the eo 1 311 ! Friday, 2 or 3 or 5 houses down September 24, 1993, 7-10 P.M. the street! 912 Sandpiper „r Come Have Fun! Jack & Tish Becker's Homy t Live Band Playing Golden Oldies! New & Old Friends & Neighbors! Bring Your Own: Kids, Pizza, Soft Drinks, Ice, Brownies, Chips, Dips, Pot Luck Supper, Finger Foods, Lawn o Chairs, and anything else you need to make your , evening complete! Bring enough food to share! v Food should be brought in a disposable container. ' Kids must be returned to owner! ~ensaNo, Aperlt ORDINANCE NO. DBrA 5~f_ / o7b AN ORDINANCE ACCEPTING A COMPETITIVE BIDS AND AWARDING r/ FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR AS£CONTRACT RVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the purchase of necessary materials, equipment, 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 ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the best responsible bids fox such items: BID ITEM NUMBER NO. VENDOR AMOUNT 1528 IA RJK Publishinj & Printing $24,852 1528 1C RJK Publishing & Printing $ 90000 1528 2 D.C. Graphics $ 1,575 1528 3 Denton, Record Chronicle S 91000 1528 4 Denton Record Chronicle $ 9,000 (25%' 1528 5 Crocker Assoc. $ 150 1530 ALL Layne-Texas $45,810 1531 ALL Metro/Quip Inc $10,400 1532 ALL Butlei & Land, Inc. $15,392 1533 ALL Miller Business System $40,000 1539 ALL Damon Power Services Inc. $53,154 SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in aacndcordaforncethewith the termso contained tinnthes Bid quantities Bid Proposals, and related documents, a~yertdaNo ~'l`1~_'~S Agenda HOT SECTION III. That should the City and persons submitting ap- prov:d and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, spec- ifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: /~entlatia___; 3 D0L.3~ A6eatlaller~,,. Dg~: SEPTEMBER 1421993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID f 1528 - BROCHURES FOR PARKS & RECREATION I RECOMMENDATION: Council approve award of Bid # 1528 Brochures for Parks & Recreation to the low bidders meeting specifications: ITEM VENDOR BID ]A Printing RJK Publishing & Printing ;24,852 1C Glossy Cover RJK Publishing & Printing $ 90000 2 Type/Layout D.C. Graphics $ 1,575 3 Distribution Denton Record Chronicle $ 90000 5 Cover Art Crocker Assoc. 750 45,]77 4 Ad Sales Revenue Denton Record Chronicle(25% commission) 9 000 min. Net after Commission Approximate Total for 3 Brochures $360177 SUMMARY: Bids were solicited for the production and sale of advertising within the Parks Department Brochure Publication. Low bidders meeting specifications are outlined above. A lower price was submitted on the Cover art; however, the Parks Department evaluation of all bids concluded that the samples rendered by the lowast bidder did not meet the specification regarding on na1 art. The brochure will be a 40 page, glossy cover issue with distribution In a Wednesday Denton Record-Chronicle paper including a free 1/4 page ad on Sunday prior to insertion promoting the brochure. Last year the brochure expense was approximately $17,000, ($43,500 Bid + $1,800.00 cover art + $9,450.00 postage - $7,800.00 ad revenues). BACKGROUND: Tabulation Sheet, Memorandum from Janet Simpson, Superintendent oT Leisure Services. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks & Recreation Department and Citizens of Denton. FISCAL IMPACT! Budgeted '94 Fiscal Year Funds (General and Recreation). Some o theme Recreation Funds expense Is offset by revenues generated from advertisements in brochure and class fees. y 1 ligeJaNo Agenda IIe _ _ ale CITY AUGUST COUNCIL, REPORT AUGUST 14, 1993 PAGE 2 OF 2 4esp ll/y subad t d: u , Harrellger Prepared By: Name. Melanie Harden Title: Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent •p~n4~.110 1311) # 1528 - PAGES 1 I I I I I I I I I I 11111 NAME PARKS BROCIIUIil' I RIK PUBLIS111NO I P.J. I Till; I'INAL 1 DENTON 1 ANDPRIN'1'INO I BUSINESS { PAOI! I PUBI.iSIIIN(I { OPi'N DATE AUGUST3, 1993 { I FORMS I I I N 1 Ol1ANT'fl'YJ DESCRIPTION I VIiNDOR I VENDOR I VFNDOR I VENDOR 1 I ~ I I I I I IA. 1 100,050 140-PAOEBROCIIURF 1 16,200 32PP 1 230.67M ( N/B I NIB 1 COP3Es I PER 1,000 1 4,200 41-P INSE'RT'S { I I I I 1 2,840 UP INSERT'S I ( I J 11). 1 100,050 132-PAGE: BROCEIURI' 1 14,100 24PP I 232.681x1 { N/B I N,B { 1 coeirs I PER 1,000 I I 1 I I I I I I I I J IC. 1 100,050 14- PAGE GLOSSY COVER 1 9,000 I 96.39M 1 NIB 1 NIB J 1 COPIES J PE'R 1,000 I I ( I I 1 I I I I I I 11).1 100,054 S PAGE NEWSPRINT COVEiR 1 INK: 32 PP 1 47.58 I N/E3 1 N113 1 COPIEI.S 1 PER 1,000 1 'N/C 24PP 1 8 PP MULT I I I I I I I I I I 2. 1 27 POS 1 T'YPUSEITLNG/E,AYOU'r 30 PO I 2,430TOTAl. 1 27./110 1 34.95 I 35.00 1 I I I I I I I 1 35 POS 1 TYPI°SII-FINO/I.AYOU1' 30 PO 1 3,150 T'0 T'A1. I 27./110 1 5495 1 35.00 ) I I I I I J I 3. 1 100,050 1 DISTRIBUTION 1 2,100 TOTAL { 2125 M 1 N/B J • 90.00 M 1 1 COPIES 1 PER 1,000 I I I I I I I I I I I I 4. 1 5-8 PAGE'S I ADVERT'ISINO SALE'S 1 33 % I 30% 1 N/B 1 23% 1 1 PER ISSUE I I I ! I I I I I I I I I Q 1 Q C& A S. J 3 C'OvERS A COVER ART 1 1,050 TOTAL 1 425. TOTAL, 1 877.501IA 1 500.00 U A C I I I ASUx ART 1 I I I I I I I I I I I I ~ o I t I I I I 11 I I I •3,(N10SADDL1'. I 3% DISCOUNT I I '(INSERT'ON 1 I I I SIII'(-llh'1RIM j IFAWA11DFI) 1 J Wl?D FREE. AD 1 'S. Q I J 1 I ALL. I1'IiMS 1 1 ON SUN. k'IZ10R)(` 1 U A list) 8 1528 - PA.31: 2 I I I I I I I I I I 1111) NAW, PARKS RRMOURF, I W111:1;I'vit I CHOC:KER I DC: I NO 1111 1 Wood ASSOC I GRAP111cs 1 I OPEN DATE, AUGUSTS, 1993 i I I ! I # IOUANTITYI DESCRIPTION I VENDOR I V14NDOR I VENDOR { VENDOR 1 I I i I I ! ! IA. I 100,050 140-PAGE BROCHURE I N113 1 NIB { NIB ! NFWSPAPFR 1 COPIES + PI-'R 1,000 1 I 1 } ENTERMISES # I I I I I 3 f 111.1 10ti,050 132-PAGE BROCHURE I NAl ~ N/E1 I N111 { DALLAS r COPIES I PER 1,0x1 i I I I OEISEF 1 I I ! I I I I 1C. } 100,050 14 -PAGF GLOSSY COVER I NIB I NJF1 I NIB I I 1 COPIES 1 PER 1,000 I I I I I I I I I I I I 11). 1 100,050 14••PAOHNEWSPRINTCOVE.R 1 NIB 1 N/13 I N111 I I 1 COPIES 1 PER 1,000 I I I I I I I I I I I I 2. 1 27PGS 1 TYPFSFTTINGR.AYOUT 1 675. TOTAL I 2,025. TOTAL I 405. TOTAL I I ! I I I I I I I 35POS I TYPESETTINWLAYOUT 1 875.7-01'AF. 1 2,625. TOTAL I 525.'1'OTAL I I I i I I I i I 3. 1 100,050 I DISTR113UTI0N I NIB I N/B I N/B I I 1 COPIES 1 PER 1,000 I # I I I I I I i I i I 4. 15-SPAOESI ADVERTISING SALES 1 N111 # N111 1 N/B I I 1 PER Issul: 1 I } I I I I I I ! I I n s. 1 3 covr:RS q COVER ART I N1E3 J • 250. EA 1 NIB I ~ I ASUX ART 1 I I• SNPARATED I I I I I En.n1=s7/PG I I I.~~ i I I I ~ O a~ M~NICIPAI n auEUt ECONO~~C G~[~'~•~J crl'yor DINTON, JAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 M L M O R A N D U M TOS Lloyd V. Harrell, City Manager FROHS Janet Simpson, Superintendent of Leisure services DTTEs September 8, 1993 SUBJECTS 1991-94 Brochure Bid For the last six years, F. J. Business Forms has been the sole vendor for the Parks & Recreation Department brochtheurercprveroviding art. all aspects of the brochure production, ualifying bidder. Last year, F. J. Business Forms was the only q To provide for a more competitive bidding situation, the Parks & Recreation Department has restructured the brochure bid package. it was our opinion that the brochure production was too large for one entity to handle individually and should be broken into sections. After talking previous interested in advertisingwsales, etc. Printing were generally ly the various vendors, we will Also, by acting as a broker among for eliminate any middle-man mark-up, resulting in a cost savings the city. This year's bid proposal invitation was broken downadve into fi e sections. Sections included printing, typesettingo sales, cover art. sections~,ebut`sectionseweretto be one, more* , quoted separately for comparative purposes. Parks & Recreation i5eartment reserved the right to award the combination based on the lowest qualified bids, contracts in any Bids were received from seven bidders in July who off eere d d poprosals on one or more ss%-tions, compared to only one qualifi year. The competitive bids have also resulted in a considerable cost savings in the production of the throe annual brochures as indicated on the next page. 8171566.8200 D/FW METRO 434.2628 I. ABendaMo . 3g - Agendaitem Date Page z Brochure Sid U 1491 1993! Printing $291000 $24,852 (Glossy cover) 90000 90000 Typesetting Inc, in printing 1,575 Distribution & Handling 50500 90000 (Postage) 90450 No postage cover Art 11800 750 34,750 4$1177 Advertising Sales 35% commission 25% commission Min. income min, income (-7,6001 1-91000) $460950 $36,177 Total aayineat 810.773 In addition to the cost savings, by taking on the role of broker, the Parks & Recrtation Department will be able to communicate with each individual vendor directly when problems arise, rather than having to express our concerns through a third party. The only distribution will difference be f through ithet Denton Record rChronicle, in as Wednesday edition that includes blanket circulation to both ad subscribing and the previous n5unday's bpaper Denton will also dannounce the Wednesday insertion, with other promotional efforts planned to support the change in distribution, such as marquee announcements, utility bill memos, eto. An added benefit to this form of distribution is that brochures will not be delivered to vacant residences. Also,in light of this new financial arrangement with the Denton Record Chronicle, we are negotiating to receive a new weekly newspaper column to promote our programs. A nda No ~3 - o36 Apeadallart~_.'S moo/ _ Page 9~a Brochure Bid To insure a smooth 'transition, we will meet with the new contractses prior to commencement of work on the first brochure, to determine the mechanics of production, to make sure vendors are made aware of their responsibilities, and to assure that production flows smoothly from one vendor to another. I am confident that this new arrangement can only work to our advantage and will not affect the quality or effectiveness of our brochures. Jan t s peon AgendAo- 03-21-93PU4 ~ ~ctf Q ~o %4 CITY of DLNTCN, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M a t a a a a a s a a' DATEi August 24, 1993 TO: Tom Shaw Purchasing Agent FROM1 Janet Simpson Superintendent of Leisure Services SUBJECTS Brochure Bid 01528 After evaluating Bid 01528 for the Parks and Recreation Department PLAY brochure, the following companies are recommended, ITEM VENDOR BID IA. PRINTING RJK Publishing and $240852 (3) 40 page brochures Printing Ft. Worth, Texas 1C. GLOSSY COVER RJK Publishing and $9,000 (3) 4 page Printing Ft. Worth, Texas TYPESETTING/ DEC. Graphics $1,575 LAYOUT Denton, Texas (3 35 pages 3. DISTRIBUTION Denton Record $9,000 Insert in Wed. delivery Chronicle for 3 brochures Denton, Texas 4. ADVERTISING SALES Denton Record 25% for 3 brochures Chronicle ($9,000 Denton, Texas Minimum) 5, COVER ART Crocker Associates $750 for 3 brochures Arlington, Texas TOTAL FOR 3 BROCHURES $36,177 8171566.8200 D/FW METRO 434.2529 41 .?M• ~gendaNo_ .~'Q' 6 Awdall oil fate q-/9 Page 2 Brochure Bid 11528 ~o The vendor for item 15. Cover Art was the second low bidder and was selected for the following reasons, The sample of the art work submitted by the low bidder (F.J. Business Forms) appears to be clip art graphics and not original art work of the quality that is typically used for the PLAY brochure cover. For this reason and because there will be considerable savings in the bids overall, the Parke and Recreation Department staff is recommending approval of Crocker Associates for this item. Samples of work were submitted by all bidders and are available for review. Please contact my office if you have questions or need additional information. 4LTanSImpson car Rich Dlugas, Director of Parks & Recreation Lorraine Mc Gregor, Public Relations AJJ007A7 • I rI' AAgeWaNo gendalte~t.s~ [WTE: SEPTEMB~E M. 14,.1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager i SUBJECT: BID # 1530 - PLUGGING AND ABANDONMENT OF WATER WELLS RECOMMENDATION: We recommend this bid be awarded to the only responding bidder, Layne-Texas, a Division of Layne, Inc. in the amount of $45,810.00. SUMMARY: This bid is for the plugging and abandonment of Water Wells No. 1, 52 end -8 according to Texas Department of Health guidelines. The bid Includes in addition to the plugging of the wells, demolishing of the well slabs and foundations, the cutting of the well casing 3 feet below grade and disposal of all materials. Proposals were sent to six experienced firms. Only Layne responded and they are well under the budgeted amount of $90,000.00. Layne is highly qualified in this field and has worked for the City on previous occasions. Well site No. 1 will remain as part of the Airport, Well site No. 8 and No. 5 will be disposed of in accordance with City Policies. Al) three wells are of no use to the City of Denton Water Utility due to poor water quadty (sand) and or low yield compared to maintenance cost. Well No. I has not been used since 1983, since 1980 for Well No. 5 and 1975 for Well No. S. All three wells are on the list mentioned by Texas National Resources Conservation Commission as not being properly »lugged and sealed. BACKGROUND: Tabulation Sheet, Location Map. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Denton Municipal Utilities, Water Production Division. FISCALIMPACT:1992-93 Budget Funds Account 0620-081.0460-8502 Special Servings the Account balance is $508,873.30. Resp tfully s b ed: LI yd V. Harrell City Manager Apor~ved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent agenda. 406 wk.i.Qyu~ SID # _ 1630 BID NAME PLUGGING & ABANDONMENT OF LAYNE WATER WELLS TEXAS PEN DATE AUGUST 17, 1993 -VENUOR- _VENDOR--- - VENbOR -i1=NL'blf-- _-VSN00Ft- 1. L.S. REMOVE PUMP FROM WELL #E1 10,860.00 2. L.S. REMOVE PUMP FROM WELL #E5 16,898.00 3. L.S. REMOVE PUMP FROM WELL #8 19,052.00 ALTERNATE BID 4. L.S. DEDUCT FOR NOT DEMOLISHING $789.00 WELL #E1 S. L.S. DEDUCT FOR NOT DEMOLISHING $1,971.00 WELL #5 6. L.S. EDUCT FOR NOT DEMOLISHING $1,182.00 #F8 TOTAL BID PRICE ITEM 1-3 5,810.00 COMPLETE WORK IN 66 DAYS BOND/CASHIERS CHECK YES l t y fi 1 i I1 1 1 f r6oa}~ { I gyn.. r I y ; ' fi+ tf , 1 WELL #5 4Qf-" ~i waa... ...w_~. •.~al• 4 1~'i t T ~_-11•LL ir•,. 1' r+i~ ia~ a. I I •1 ",Wr.. 1 I 1~ .tows. as f: 10 - ~ I I ~ ✓t i tit ~ ~ ~ 1 W'_" ~ 0 I~,._ ~1~+ I~ '..f- ~ ~ 4 y, Denton TX ~,tt, i 1=1 r'• - 1 m -~-trll+ R14 ~fl_l \ ip'rYn7:14 I WELL #8 r T " WELL #1 II 1r r • 1 /l T) N J9r~_.!_~ 2~TlI V sufiNUl ~ / • Y~..~ ►••+1 f Z> NfR I N ■w _ 1 Is of i I! ` \ r 0. I ~ I LJr I 1 111 11 r ~ ~ { LOCATION MAP WELLS 1 5 & 8 AgandaNo._._~ Agendas! DtML--5=4MBZ", 1993 /t~X'2 CITY COUNCIL REPORT CC~~ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1531 - CHEMICAL PUMPS RECOMMENDATION: We recommend this bid be awarded to Metro/Quip Inc. In the total amount o 10,400.00. SUMMARY: This bid is for the purchase of two high pressure chemical proportioning pumps. These will replace pumps used at the Electric Production Plant in boiler units four and five for boiler chemical infection. Although Metro/Quip is the only bidder, the price bid falls within previous estimates. One bid proposal was received in response to five invitations mailed to prospective vendors. BACKGROUND: Tabulation Sheet, Memorandum from Jim Thune 8.18-93. FISCAL IMPACT: Budgeted Funds for Electric Production for 1993 Account #610-080- 0251-8139 with a balance: of $247,300.57. mitts 41y fully rell . Har 6 City Manager Prepared By: Name: Den se Harpool 1 Title: Senior Buyer Approved: Name: Tam D. Shaw,C.P.M. Title: Purchasing Agent 1 Mt/YN~ BID NAME CHEMICAL PUMPS METRO/QUIP INC. PEN DATE AUGUST 12, 1993 ANTE 6E`~~T~TibN NbeS~ ~AfiZSFi _,EFIbcSR _ _ ENt3i _ i1[i~F 1. 2 EACH HIGH PRESSURE CHEMICAL 13ROPORTIONING PUMPS X5,200 EA__ DELIVERY SCHEDULE 6 WEEKS FOB DENTON AgendaNo 6 " RgendaEtem Date DATE s August 18, 1993 /70~l0 TOs Tom Shaw, Purchasing Agent FROMs Jim Thuns, Manager Electric Production Division SUBJECTS Bid 1531, Chemical Pumps RECOMMENDATIONt concerning the above referenced bid, the Electric Production Division recommends purchase of two (2) each, high pressure chemical proportioning pumps, from Metro/Quip, Inc., per Specification 93-0251-03 as evaluated under Bid 1531. BACKOROUNDISUMMARYt The Electric Production Division Unit Four and Five boilers are equipped with high pressure proportioning pumps used for boiler chemical injection. These pumps have deteriorated in performance and can no longer provide reliable boiler chemical injection. Bid number 1531, incorporating Specification 93-0251-03, was issued to several vendors. Metro/Quip, Inc, provided the only response. The Metro/Quip submission has been evaluated and accepted. The attached purchase request, number 150029, is for revision of request number 135193 recommending Metro/Quip, Inc. as vendor and total coat of $10,400. Thank you, hune, Manager Electric Production JT/jm cc: Jim Harder, Director R. E. Nelson, Executive Director files XXVI Agenda No~ _ Agerdalleq'-& M IM ' SEPTIKBE ,14, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID 4 1532 - CHART RECORDERS RECOMMENDATION: We recommend this bid be awarded to the low bidder, Butler & Land, Inc. in the total amount of $15,392.00. SUMMARY: This bid Is for the purchase of three Muldpoint Chart Recorders for use by the Electric Production Plant in recording turbine generator shaft vibrations and temperatures. These Chart Recorders will replace eight Chart Recorders which havo failed or are obsolete and repair parts are unavailable. Two bid proposals were received in response to four invitations mailed to prospective vendors. BACKGROUND: Tabulation Sheet, Memorandum from Jim Thune dated 8.18.93. FISCAL IMPACT: Budgeted funds for Electric Production 1993 Account 4810-080- 0251-9211 with a balance of $18,773.85. R_espb fully su t o d Har ell City Manager Prepared By: ame: Den se Herpool Title: Senior Buyer Approved:: Name., Tom Shaw,C.P.M. Title: Purchasing Agent sgondA.40 GItiOV i~ ib------- - - -1532 BID NAME CHART RECORDERS BUTLER & CONTROL PEN DATE AUGUST 12, 1993 LAND, INC DEVICES INC G}U1~NTi7Y - _oESCpIPTiON _ LL __V NoO~t -VENooR ._VENboF# - VENboA __VENbOA i. 3 ULTIPOINT CHART TYPE ECORDER 5,262 EA $6,900 EA MRL132 L&N25000-25 4,868 FEA -S5,400-€A MRL116 L&N26000-09 SOFTWARE $185.00 EASI-DISK 5.25` $2,329 EASI-DISK 3.5' $2,407 s% DISCOUNT TRADE IN 3 WKS FOB DENTON ~ W npendaIo Date DATEt September 3, 1993 a d T0t Tom Shaw, Purchasing Agent FROMt Jim Thune, Manager Electric Production Division SUBJECTt Bid 1531, Multipoint Chart RevQ rders RECOMENDATION: Concerning the above referenced bid, the Electric Production Division recommends purchase of three (3)0 multipoint chart recorders from Butler & Land, per Specification 93-0251-04 as evaluated under Bid 1532. BAOMA MD(SUMWA M The Electric Production Division utilizes chart type recorders to displayy, trand and archive data pertinent to steam generation operations. The existing chart recorders for Units Three, Four and Five turbine/ gene rato re have become difficult to repair and maintain due to age and component availability. These recorders display turbine/generator shaft vibration and temperature indications. This information is critical to reliable operation and imperative in evaluating trend or imminent failure in tha large rotating assembles. The usefulness of the existing recorders has been extended beyond practical limitations. Rebuilding the units is not an option due to obsolescence. Specification 92-0251-04 detailed requirements for three (3) new chart recorders capable of replacing eight (8) currently failed or failing chart recorders on Units Three, Four and Five. Bid responses were received from Butler & Land, inc. and Control Devices, Inc. Butler & Land, Inc. provided low bid meeting specifications. The attached purchase request, number 150030, is for revision of request number 136192, recommending Butler 6 Land as vendor at a total cost of $15,392. Thank you, tune, Manager Electric Production cc: Jin Harder, Director R. E. Nelson, Executive Director filet XXVI t AgendaEteot,-max-- D&V: SEPTEMBER 14, 1993 CITY COUNCIL REPORT T0: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID ¢ 1533 - OFFICE SUPPLIES RECOMMENDATION: Council approve award of Bid #1533 - Office Supplies to the low bidder meeting specifications, Miller Business Systems (Alternate Bid). Annual purchases of office supplies for stock in Central Stores and for delivery for user departments is estimated at $40,000. The bid is fcr one year period with a built-in renewal option. SUMMARY: The itemized bid list was compiled from a prior year usage report. These are the routinely purchased Items for stock in the Warehouse /Central Stores area. There are 119 items that were on the prior bid and this bid. Of those items, sixteen have a higher cost and 103 are priced lower. Considering both high and lower prices, it is expected that there will be an annual savings of approximately $5,540 on these stocked items. Twenty-two (22) of the 119 compared items were bid as recycled products this year. Only 3 recycled items were pried higher than last year yielding an estimated increase of $75.00 per year. Savings on the remaining 19 recycled items is estimated at $2,500.00 per year. (These figures are included in the net savings mentioned in the preceding paragraph). Also, non-stocked items ordered by and delivered to using departments are expected to yield cost savings with the acceptance and use of the net price. Last year's discount structure on non-stocked items ranged from 25-40%. The net price alternate bid from Nl!ller Business Systems offers discounts ranging from 25-55% and more off list price. BACKGROUND: Tabulation Sheet PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All Departments FISCAL IMPACT: Purchases to be funded with budgeted office supply funds (object 8101). Agenda No 90 AgendaltertL'~~~ Date g19 / City Council Report p~o2 ~o~b September 14, 1993 Page 2 of 2 Resp fully su aed: Llo d Ha I City Manager Prepared By: Name: Melanie Harden Title: Buyer Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent apanCa.~l1 M1961~ YvC:4M1!~ IBID NAME OFFICE SUPPLIES MILLER MILLER CROWN HURRICANE LiRITCO BUSINESS BUSINESS PEN DATE AUGUST 24, 1993 SYSTEMS SYSTEMS ALT 1. OTAL ESTIMATED AMOUNT $27,600.00 $24,627.00 $37,383.00 $46,004.00 NO BID OR STOCKED ITEMS BASED ON BID QUANTITIES OTAL ESTIMATED AMOUNT $16,400.00 $15,400.00 $15,400.00 $16,400.00 OR NON-STOCKED ITEMS BASED ON BID DISCOUNTS TOTAL ESTIMATED $43,000.00 $40,027.00 $52,783.00 $81,404.00 EXPENDITURE y W ~ Agenda No Agendalte~ ,._.8-~ IMWE: SEPTEMBER 14, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID; 1539 - RETUBE HIGH PRESSURE FEEDWATER HEATER RECOMMENDATION: We recommend award to the lowest bidder, Hamon Power Services Inc. in the amount of $53,154.00. SUMMARY: This bid is for the replacement of the stainless steel tubing in the high pressure heater on Spencer Turbine Unit 4. BACKGROUND: Tabulation Sheet; Memorandum from Jim Thune, Manager Electric Production Division, dated September 3, 1993. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Production Division Plant Maintenance. FISCAL IMPACT: 1992-93 Budget Funds for Plant Maintenance Account Number #810- 0251-8339 balance of $247,300.57. asp tfully su ed: Ll d . Harrell City Manager APPROVED: Name: Tom D. Shaw,C.P.M. Title: Purchasing Agent ajona..~os BID NAME RETUBE HIGH PRESSURE YUBA HEAT HAMON SENIOR ~CONTIENTAL FEEDWATER HEATER TRANSFER POWER ENGINEERING ICONDENSOR PEN DATE AUGUST 26, 1993 DIVISION SERVICE COMPANY CORP ERI'SW E D 4A i RETUBE PER SPECIFICATION $50,980.00 $47,979.00 LESS TUBING CAGE 4B 1 RETUBE PER SPECIFICATION $78,732.00 $4,800.00 INCLUDING TUBING CAGE 40 1 PERFORMANCE OF $37,683.00 $28,678.00 SPECIFICATION UP TO AND INCLUDING REUSE OF TUBE SHEEICHANNEL 4D 1 SUPPLY ONE (1) CHANNEL $250.00 $276.00 TO SHELL GASKET 4E 1 SUPPLY ONE (1) CHANNEL $277.00 $100.00 Al COVER GASKET DELIVERY 126 DAYS 6 WEEKS ALT. LUMP SUM ALT A PER BID OOMPLETE $52,966.00 EW BUNDLE $95,678.00 g e 'i srtrc+a. Agenda% C3 Agendalte DATE$ September 3, 1993 TOc Tom Shaw, Purchasing Agent FROMI Jim Thune, Manager Electric Production Division RE3 Bid 1539, Retube 4-4 Feedwater Heater RECOMmENDATION1 The Electric Production recommends contracting with Hamon Power Services, Inc., for services to repair Spencer Unit 4-4 Feedwater Heater per Specification 93-0251-01. BACKOROUND/SUMMARYO The Spencer Power Station, Unit Four High Pressure Feedwater Heater has failed and is no longer available for service. Specification 93-0251-01 concerns repairs necessary to re-tube the heater with new stainless material. Bids were solicited from four (4) vendors. Hamon Power Services furnished low bid per specification. Repairs are necessary to restore unit performance and reliability. Spencer Unit 4 is currently operating with the High Pressure 4-4 Feedwater Heater in by-pass. This has been necessary due to numerous tube failures. Tube failures have been plugged in excess of 81 total heater flow. The manufacture allows up to 10% pluggage before the heater must be condemned. Repeated failures have rendered the heater unreliable. Bids have been solicited per Specification 93-0251-01 for retube repairs to the heater. Hamon Power Services has provided low bid per specifications. The repair quotation totals $53,154.00. Net loss with the heater in by pass configuration totals approximately $85,000.00 annually. Thank you, 7 hune, Manager Electric Production Division cc: Jim Harder, Director R.E. Nelson, Executive Director file3 XXVI I N nQ~r►daNoApenda~t r a~,,0000. ORDINANCE NO. ACCEPTING AN ORDINANCE O FOR THE OF CONTRACTS FOR PUBLIC WORKS TOR IMPROVEMENTS; PROVIDING H AWARD EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive 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 receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 9FCTION 1. That the following competitive bids for the con- struction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: BID NUMBER CONT C 0 AMOUNT RFSP 01527 Alexis Risk Management Services $37,550 SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction roof usuch ntil ublic works or improvements herein accepted and app such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of n written contract and furnishing of performance and payment bonds, after notification 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 accordance with provided the bids accepted and approved herein, are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, condi- 1 agendafVo~ AgeadaIt : A6 Nte u tions, plans and specifications, standards, quantities and speci- fied sums contained therein. Ea =A IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council here- by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts execl:ted pursuant thereto. SECTION V. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the _ day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: AgendaNo~ .1 6 Agendalter DA pis SEPTEMBER 14, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: RFSP # 1527 - WORKERS COMPENSATION ADMINISTRATION RECOMMENDATION: We recommend this Request for Sealed Proposal be awarded to Alexis Risk Management Services as the lowest most responsive bid in the estimated amount of $37,550.00 first year cost. This proposal is for two years subject to renewal for three additional one year periods. SUMMARY: This RFSP is for Third Party Administration of the City of Denton Workers Compensation Program. As per the agreement Alexis will review all claims, work with loss control activities, provide required reporting and analysis, as well as all other Claims Administration Services. The price proposal is approximately $180000.00 less that our current provider of simular services. BACKGROUND., Tabulation Sheet, Memorandum from Max Blackburn, Risk Manager dated 9-3-93. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Risk Management Division, Workers Compensation Administration and Employees of the City of Denton. FISCAL IMPACT: The funds for this service will come from the Risk Retention funds and paid on a per eccurance basis. The estimated $37,550 Is based upon 91-92 historical dta and may very depending upon number of claims. Reap fully a b tted: / I d V. H rrell City Manager Approved: Name: Tom .Shaw,C.P.M. Title: Purchasing Agent d FIRST YEAR COST - RFSP #1547 ADMIN. RECORD MEDICAL LOSS CONVERSION 'TAIL' COMPUTER COMPANY FEE ONLY ONLY INDEMNITY CONTROL COST _ COST REPORTS TOTAL. Employers Included 7630 8,900 12,960 5,700 Not Not Included NIA Responstve Responsive NHS/Frontier included 570 7,360 11,50: 6,000 2,600 17,250 Included 45,180 ,300 8;000 , 1,900 10,160 lnol4ded Alexla included' 390 7,A20 11 Gay & Taylor 3,000 476 7,820 10,300 5,700 3,000 13,850 3,600 47,745 % 0 141600 Included 6610 TIPS 16,918 476 7,380 10,000 8,720 Willis-RoMSnson 6,000 665 10,120 9,600 6,100 6,000 14,550 Included 49,936 8er}cley 2,400 0 81900 91600 6,100 Not Not Included N1l~, Responsive Rea ons1 s COST BASED UPON FOLLOWING ASSUMPTIONS: 1991 -92 Workers Compensetlon Injuries: Total Claims: 131 Record Only: 19 Medical Only: 92 \ Indemnity: 20 Loss Control: 60 hrs/year Estimated 0 t: f opens files ('Tell COMA): Indemnity: 26 Medical Only: 20 i AAgnda NoQ. Agendalie oote~l.= L.~.._ CJTY a! DENTGN, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM Tvs Tom Shaw, Purchasing Agent FROMs Max Blackburn, Risk Manager DATES September 3, 1993 SUBJECTS RFSP 01547 - WORKERS COMPENSATION THIRD PARTY ADMINISTRATOR The lowest and best proposal received from RFSP 01547 was from ALEEIB RI®E MANAGEMENT SERVICES. The next lowest bid was $7,620.00 higher than Alexis based on first year costs. Alexis is a division of Alexander and Alexander Services, inc. and in 1992 was the second largest administrator in the united States. Seventy per cent of their business deals with worker's compensation for self-insured employers. Along .their current clients eras City of Garland, Denton ISD, City of Plano, City of Bryan and Hurst-Euless-Bedford ISD. Please place approval of Alexis on the City Council consent agenda for September 14, 1993. If there are any questions, please call. MSilb "r0072C 8111566.8200 01FW METRO 4342529 i ORDLlANCE NO. ApendaNb I AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUN* FOR PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERM S IN AACCORD-~~L / ANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM'' REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount ex- ceeding $100000 be by competitive bids, except in the case of pub- lic calamity where it becomes necessary to act at once to appro- priate money to relieve the necessity of thin citizens, or to pre- serve the property of the city, or it is necessary to protect the public health or safety of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and, WHEREAS, the City Manager has recommended to the City Council that it is necessary to purchase goods or services due to the fol- lowing emergency conditions outlined in the memorandum attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That thu City Council hereby determines that there is a public calamity that makes it necessary to act at once to ap- propriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purchases of materials, equipment, supplies or services, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 36795 Atlas Engineering 913,857 SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the mater- ials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts there- in statod, such emergency purchases being in accordance with the provisions of state law exempting such purchases by the City from the requirements of competitive bids. SECTION III. That this ordinance shall become effective im- mediately upon its passage and approval. Agenda No.- ' Ageadalt Date a ,d PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: AgendaNo_ << 0 Agendaltent,-~5 - C - Dgjf,, SFRTELUM W4, 1993 /v CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V, Harrell, City Manager SUBJECT: PURCHASE ORDER 136795 - ATLAS ENGINEERING RECOMMENDATION: We recommend Purchase Order 436795 to Atlas Engineering for pump repair parts be approved in the amount of $13,857.00. SUMMARY: This purchase order is for the emergency purchase of Wor"! ;ngton Pump repair parts. Due to the critical needs for proper operation of the affected Hickory Creek Lift Station Pumps and the undesirable result of pump failure, this purchase has been declared an emergency and exempted from the bid process. BACKGROUND: Purchase Order #36795 to Atlas Engineering; Quote from Atlas Engineering; Memorandum from Asa Brown, Superintendent of Water Reclamation Plant dated September 3, 1993. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Waste Water Reclamation Plant, Atlas Engineering. FISCAL IMPACT: 1992-93 Budget Funds for maintenance of Plant Machinery and Equipment Account Number #625-082-0470.833)1o ent balance $62,408.79. s fully a b fledd . Harrell City Manager Approved: Name: Tom D.Shaw,C.P.M. Title: Purchasing Agent agenda. 401 8 THIS IS A CITY of DENTON, TEXAS CONFIRMING ORDER XXX PURCHASE ORDER NO. PC 36795 (IF MARKED} This number must appear on all nvoices, delivery ships, cases, DO NOT DUPLICATE tint boxes. packing sl ps and tills. Iwit No: Bid No, ED Date: 09 03 93 Page No, 01 ENDOR PURCHASING DIVISION 190f 8 TEXAS srw rl DEN oN, TEXAS 76701 TAME/ ATLAS ENGINEERING 81713837)00 D;Fw MErR081712610wZ FAX81713874697 IDDRESS Poo$ BOX 140 DELIVERY CONFIRMATIONAO LY C07 WATER RECLAICN RICHARDSON TX 75080 ADDRESS 1100 MAYHILL FD DENTON* TX 76205 ROGER MAZURKEIIICZ VENDORNO ATL48000DELIVERY OUOTED 09 l8 93 FOB DESTINATION TERMS 001 216000 to VENDORrCAT0 810 MFG NAME 47216000 944.40 CI 93691 SHAFT SLEEVE 002 2.000 EA VENDOR CATe 096569101 MFG NAME 490000 ' 981600 CITY 0 93691 GASKET PAPER 003 216000 EA VENDOR CAT* 096840230' MFG NAME 2922816000' 416456.00 CITY 0 93691 SHAFT t KET KIT 004 2000 EA VENDOR CAT* 0159 MFG NAME 6516000 1301600 CITX 0 93691 GREAASE RETAINER "INBOARD" i OD5 216000 EA VENDOR CAT41 8169A MFG NAME 7016000 140001 CITY 8 93691 GREASE RETAINER "OUTBOARD" 006 216000 EA VENDOR CATe 679 MFG NAME 816000 CITY 0 93691 O-RING 007 116000 EA VE~DORBCAATP 59 MFG NAME 39470.000 316 7 0 93691 1~ UEARING FNAME PAGE TOTAL 1 90 llu VENDOR INSTRUCTIONS 3. Terms - Net 30 NNess otherwiee uxxc ew I i 1 Send ollglnal Invoice with &0 kats copy. C Shipping Instrucllons. F 0 8 Destination prepaid lunoss oirerwise veceeat 2 Bit to - Accounts Payable 6 No ledmal or stale sales lax will be Inckded 215 E. blcKlnnuy St In prices hilk•.d Rrcrhnstnq DivlWn rw•na„i Tx mPm VFNOAR I THIS IS A CITY of DENTON. TEXAS CONFIRMING ORDER PURCHASE ORDER N0: (IF MARKED) XXX This number must appear on all PC 36795 invoices, delivery sips, cases, DO NOT DUPLICATE ❑ tins, boxes, packing slips and tills. Berl No', Bid No: Dale: 09 03 93 Page No. 02 ODOR PURCHASING DIV+SIDN 79o t 8 TEXAS STREE f 7 DENTON, TEXAS 76X I )RE P0~ASBEXNIGINEERING a17r~aJaroo D;FwMErnoat7,n67oa1 FAX CRE CONFIRMATION ONLY C07 DELIVERY 1691 SS 1V4~0 ADDRESS WATER RECLAMATION RICHARDSON TX 75084 1100 MAYHILL RD DLNTON* TX 76205 RCGER MAZURKIWICZ VENDORNO. ATL45000: DEUVERY QUOTED 09 15 93 FOS DESTINATION TERMS 08 2.000 EA VENDOR CAT. 093 MFG NAME 42.000 84.00 CITY 0 93691 GRESE SEAL 09 2.000 EA VENDOR CAT* 000786000. MFG NAME 53.000 106.00 CITY 0 93691 BRG WASHER 10 2.000 EA VENDOR8CAT* ##0788300 MFG NAME 29.000 68400 CITY 93691 BAG LOCKTWASHER 11 2.000 EA V`NDOR0C9369104237500 MFG NAME 36.000 72*00 LKNT BLG 12 69000 EA VENDORICAATT**91133 MFG NAME 50.000. 200400. SHIM SET 13 24000 EA VENDOR CAT* 022A MFG NAME 164000 3 040 CITY 0 93691 SEAL RING . 14 2*000 EA VENDOR CAT* 023 MFG NAME 140*000 8 CITY 0 93691 LINE BAG COVER I PAGE TOTAL I 40 NDOA INSTMXTIONS: 3 Terms -Net 30lurkss dr w*u wftr*d I rid inal Irnolce with duplicate copy. 1. $hppi g Instructions f 0 9 Destinalwn prepaid iunwo olrwrw" iwoedl ag At cmmts Payable 5 No federal or slate sales tax shall be Included if kf - 215 E. I&Klnnoy St. In prices Mlled. Ruchasin;t Division N,ntnn TX T(HPM VENDOR 14 I THIS IS A CITE' of DENTON, TEXAS CONFIRMING ORDER XXX PURCHASE ORDER NO:ll PC 36795 (IF MARKED) invoWe number must ices, delivery slips, cases, DO NOT DUPLICATE cans, boxes, packing slips arW bills Req No', Bid No: D Dale: 09 03 93 Page No. 03 IDO R PURCHASING DIVISION / 901 8 TEXAS S TA E E l / OEM rON, r1i 76701 v1E1 ATLAS ENGINEERING 6638 7100 awwwrlilowI7670047 fAX8f71J870697 TRESS PwD* BOX 40 DELIVERY CONFIRMATION ONLY C07 ADDRESS WA7EA RECLAIIATICN RICHARDSON TX 75080 1100 MAYHILL RD DEN70Ns TX 76205 ROGER MAZURKEWICZ VENDORNO. ATL46000. DEUVERYOUOTED 09 15 93 FOB DESTINATION TERMS 15 4.000 EA VENDOROCAT* GA MFG NAME 174.000. 696.00 CITY 93691 GASKET 16 1,6000 EA VENDOR To 067 MFG NAME 29973*000 2*973*00 CITY 0 9J691 STUFFING BOX HEAD W/STUBS If: NUTS r 17 4.0D0 EA VENDOR CAT. 022 MFG NAME 26e000 104x00 CITY 0 93691 JNOOARD SEAL RING 12/PUMP) i r i I ~ t 1 PAGE TOTAL 1 3e •0 'RAND TOTAL 1 13• •O 625 082 0470 8339 13e857s00 ~ y NDOR INSTRUCTIONS 3. Terms - Net 301Lkueu nltwrwlne %*cikd I alorwl hvoles with duplicate copy 1. Shlpplrp Instructions, F 0 B Desllnaticn prepaid Illniru odwrwns caecawdl (1 ill to - Accounts payable 5 No ledoral a slate sales lax shall be Included 215 E %Wnrle St In prices billed Purchaslnrl Division n..~I TV +r~ r tlCMflr1R SENT BY:XIrOx TIIICODiir 7021 Q- 7-93 l 7:55AM . APAI/DENTON~ I076V x' 6 Po.t•n"bwMdfaxIran lmlvalmemo7071 040 M"0 A endaffelr-'Z.5 P04C 'h m S haw " C4 Q& Q v, " lit 3fx 4b~a " MY sIDERTONvTEXAB WATER RECUMAVONPLANT / 1100MAYNILLROAD/DENTON,TX76208 MEM0RA,KDUM IG-i1 .l -SJn~.1J (.'1 TOt Tom Show, Purchasing Agent FROMi Asa Brown, Superintendent of Water Reclamation PlantoooAa DATEt September 3, 1993 SUBJI Emergency Purchase Order 1136795 to Atlas Engineering for Procuring Pump Parts for Hickory Creek Sewage Lift Station for the sum of $13,857.00. ■assarsas u~sas s.arss. ussaass..■u s.■uraau as uarsra uasrass u■ The *met ency purchase order to Atlas Engineering for $13,057,00 Is needed to procure pump parts for the Worthington pumps at the Hickory Creak Lift Station. Presently, we have only two of the three pumps operating at that lift station with limited spare parts, Should either of the pumps fail, mechanically, before these ordered parts are received we do not have the parts to rebuild the operating pumps. This will place the City of Denton in a vulnerable position with the Texas Natural Resource Conservation Commission because we trouid have to bypass raw sewage to Hickory Creek until pumps could be placed back into operation, A potential fine of 110,000 could be assessed by the TNRCC. Half of the pump parts ordered will be used to put the third pump, which is out of service, back into service and the remaining parts will go into inventory for repair of any of the three pumps that may mechanically fail in the future, xct Howard Martin, Director of Environmental Operations and Financial Administration wpilitshaweng.doc 8r7/383.76?0 SEP 7 193 09'52 9173879844 PAUE,001 Y kG-2.`-1}33 14:45 FW1 ATLAB EN3IPIEER116 :HC. TO 19:072'73244 FIN AgendaNo,, zv -o9G 114C ATLAS ENGINEERIN er CB~, - ROL Box 140 • Phone 12141238-2085 • 13#03 Floyd Ciroia SuM 102 Richardson, Tong 75M Deflas, Tmo 78243 Q PAX (214) 235-2084 FAX TFANSMI= BFIZF.T am l 8/23/93 OD+CwR4Y, City of. Denton MX VI.►..M, (817) 381-9844 ATI7s"Tf'1GlQt for grmlm FARM, Fbg4r mmur)cewioz KMR Cr PAM A11DM TM PAGE f _ 2 SOW =g ►brthinMn Rnp Model 1M-24 Dear W. Brvlel, , In aooxdmm will, as: oommmticn, A. R*AtkV assmably - $14,423 " shipping point freight imlwied. M-Lipmu 14 weeks Son attac4ad shat for item includad with rotatiN assobly, a. Now "bare" ftucate pu>ro - $21,548 rM shipping point freight incluaod Shipmenti 19-20 weeks C. Will advise best, shipa,sa,t on parts. D. 9ti11 &&isa boat shigosnt on rotating aaslsbly. R. Will advise it betory will sell rotating assrnbly lur ispaller w yw tail uss your newly remivad impeller. Should have anwars to Co D 4 E twcn w Aug. 26. Lot mn know it you haw any gwsticns at this time. 'lag 1 ~ i araare~rnNa w ruew 00 MVMWA AW 40W"4 FW 11 M O o N"^ mv"ANt AUG-27-1993 C~~S7 FROM ATLAS ENGINEERING INC, ?O 18175879e4d P.OS AggoidaNo_ -D36 _ ATLAS ENGINEERII G" - PA. box 140 • Phone (214) 235.2885 • 13883 Floyd Circle, Suite 202 9 ~0 lUchardson, Twm 70080 Dallas, Taxes 75243 FAX (111) 935-1186 FAX TPX;SMr=L S'm7 DES 8/27/93 ODbAP1 l City of Ilanben l71X tVI1t1iER1 (8171 3B7 SRad ATllV=e We AM lrcvm 1mm, POW MaruzR arfCS WUNMM cmr PACs 8 II4L`tdl JM This PAAE 1 1 it>s=I Worthingtn Rapp Modal 12M3Z-74 Dear Mr. Bzvm1 , Please refer to ry 8/25/93 fax. C. seat ohipoent an parts at 10 extra oost is 2 w•eka (en the 4 week parts) and 3 "Pow (en tM 6 wseka parts). to other wards, "Punt cut in half D• Br*r Y ahiptint an Omplete rotatilq assembly - 31.5#963 - 8 weake 8. 9+.andaxt eh Vitt cn tt+AtiM &Bwtly leas impeller - $11, 539 - 11 weeks ftWjQ A7y « « « « « WPM - 4 weoks 7 hoop this is of W4 to yru, Please advise how yEU wish an to y="A. „ IIW11MrMq MIMMMC?1MIW CO KAOWAL AND IMOIItr" POOCCM AND 00MWO6 nivr.#W ' TOTAL F,OS i rU3-15-1993 14:46 FROM ATLAS EN3INEERING 14C. TO 16173879844 F.02 gyp, L4(0 AgerdaNo 9_~6,36~ A 6ida1fe 5: C WORTHINGTON MIXFLO CENTRIFUGAL PUMPS Date 99- - TYPICAL SECTIONAL DRAWING AND LIST D OF PARTS /4 A/ / TYPE 12 MNF-19 14 MNF-18, 16 MNF-23 20 MNF•24 14 MNZ-191 1 d MNZ•16. 16 MNZ-25, 2a MNZ-24 s R1~T~n~r~ ~4f li~`w+~ t7 1 AM NI17T ~ drv~ICA01'dlr fAtii'S SMrpI+~ ~eos~ . M MONANY PAR" w r/. r PAM rrN IIMII b NA 1 low M~11 1 IUIM N 1 IIAM~ 11 I bI m me •MI r I Ill am NOTATING PART! OF I Alwa►rl w I IIA11M snl ►n. nw 1 ~ Inlr wa AP'1 I •IIIM A 1 IAlllltl M 1 MAII Iw yy 1 1 AAl1A IMMA 1 1 W IIYIN II 1 yWl lu 1 11i I: I MaY111rW 1 u I Agllll lAll Ir + IrIYN71/0AN' w~rrrr +w I Inw'WtWwf4 ~ rw I IIA1M UTAq+ i M • MAlll u 1 I A. 1 »~IOIIIM NIM MIiO/ - IM 1 IYMMINMI The MN and MNV pump is sh dar to the pump shown above, except for the auction oonfipuration, W$V to PW 16 for the MN auction con on, r Baler to papa 14 for the MM/ suction con uratbn. I! Whenorderinpearvloeppaehabesure togive serlainumber ofpump (asstamped onnsmoplale) also n me,ryferonee rlirmbar and quantity of parts requlred, :o WOATNINGTON TOTAL P.o2 apendoff ~endaH pate - ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PUR- CHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; A14D PROVIDING AN EF- FECTIVE DATE. 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 ur 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 ma- terials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragrapht NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION -1. That the following purchases of materials, equip- ment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 37057 ADVANCED CONTROL SYSTEM $ 70,465 SECTION II. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION 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. i agenda NO Apendatte I> Date 9~E/ C9y 9 SECTION IV. That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: a ~gendaN Agendait:ZS pAATE• SRP7 Flencn 14' 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER # 37057 - ADVANCED CONTROL SYSTEM RECOMMENDATION: We recommend Purchase Order #37057 to Advanced Control System be approved In the amount of $70,465.00. SUMMARY: This purchase order is for software and hardware associated with an upgrade of the Supervisory Control and Data Acquisition (SCADA) System utilized by the Electric Utility Department. This equipment is proprietary by design, protected by patents and copyrights and therefore exempt from the bid process. (Texas Local Government Code Chapter 252.022). BACKGROUND: Purchase Order #37057 Advanced Control Systems; Quotation from Advanced Control System dated August 5, 1993; Memorandum from R. E. Nelson, Executive Director of Utilities, dated August 1993 prepared for Public Utility Board. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Electric Utility Departments. FISCAL IMPACT: 1992-93 Budget for Capital Equipment acquisition Account #610- 080-0254-921719227 balance of $77,287.83. sp fully s 1 Pd: Ll yd V. Harrell Cl y Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent ~9ond/. 109 I THIS IS A CITY of DENTON, TEXAS CONFIRMING ORDER xxx PURCHASE ORDER NO. PC 37U57 (IF MPLI) This number must appew on all DO NOT DU DUPLICATE ctns, delivery slips, . cases, dns bc ores es. packiry slips and !Ells. Req No Bid No: Date: C9 08 9Z Page No 01 D I VENDOR PURCHASING DIVISION 19018 TEXAS S TREE r I DENTON, TEXAS 76201 ADVANCED CONTFOL SYSTEM 81713W100 D,'FWMETR0817?670042 FAX81A3824692 NAME/ 2755 NOFTHV000S PKWY CONFIRMATION ONLY C37 ADDRESS OEUVERY COMMUNICATIONS NCe2CROSS aA 3V092-8346 ADDRESS 901 B TEXAS ST DEIi70N■ TX 76201 VENDORNO, ADV49U(10 DEUVERYOUOTED 09 21 93 FOB DcESTiNATION TERMS )41 19000 EA °NOi)it CAT• t N / A MFG NAML. HPM-7000 395111V0LJb 239500.00 - CITY i 96286 MASTER STATION UPGRADE TO ACE 02 1.000 EA VENDOR CAT• # N / A MFG NAMc PURTS 692659000 160265.00 CITY 8 96286 ADDITIONAL PURTS FOR WORKSTA710HSN9 CRT 03 1.000 LA ENDOk CAT* r N / A MFG NAMm HP-9000 607500000 259750000 CITY A 96286 MODEL 715/56 WORKSTATION 004 19000 EA VENDOR CAT. M N / A MFG NAME F X-1170 I995J0000 19950000 CITY 0 96286 EPSON FX-1170 DOT MATRIX PRINIEA 7 ACS SOFTWARE LICENSE J05 1e000 EA VLNDOR CAT• 8 N / A MFG NAML LOTUS 1 2 3 300000000 390000Uu CITY 8 96246 LOTUS 1 2 3 FOR i+PM-9000 NOPKSTATION - Z O 1 PAGE TOTAL : I9 J 7 . 41 610 0Ju 0254 9217 490250.00 RAND TOTAL S 0 02 610 060 0,254 b227 21.213.00 VENDOR QI3TRUCTIONS, 3. Terms - Net 30 IW,kina oewwLse ywr Iwd 1 1. Send original invoice with duplieale copy 4 Shipping klslrucliors. F 0 B Destination prepaid whiless cnrrwr w c lwdl 2 Bon to ~ Accounts Payable 5 No tedural or stale sales laA shall be included 215 E McKinno t Sl. in prices billed Denton, TX 76201 VENDOR Purchasing DiviMn Agenda No ?0 Agendalte 6 'Z D ADVANCED CONTROL SYSTEMS, INC. late-Qua -i ~ 1~1 2155 Nodhwoo& Parkway, Norcrou, Geor& 30011 y P.O. Box 921348, Norcross, Goof& 300924346 Trlrphome: (404)146.885•1 fax: (404)1184957 August S, 1993 TO: Denton Munidpal Utilities 215 Fast McKinney Street Denton, Texas 76201 Attn: George Pool REFERENCE: REQUEST FOR QUOTATION QUOTATION NO: EC080S93-1 TERMS: DUE UPON RECEIPT OF INVOICE F.O.B.: NORCROSS, GA DELIVERY: 120 - 180 DAYS ARO y ITEM QTY DESCRIPTION PRICE TOTAL i 1 HPM-7000 Muter Station Upgrade to ACS $ 23,500 S 23,500 RDAC Revision 8.0 to include: • HP RTE-A, 5270 Operating System • ACS RDAC Revision 8.0 Operating System e HP Documentation e ACS Documentation • System Generation I On-Site Installation and Travel 2 1 To add additional ports for Workstations, CRTs, $ 16,265 S 16,265 Printers, etc.: • 512K Memory per CPU • HP N= Card per CPU • Cabling • System Generation at Time of Rev. 8 Upgrade BY, u THIS QUOTA170N CONTAINS PROP 7ARY 1NPOkWA710N r 0 ADVANCED CONTROL SYSTEMS 4genQUOTATION Denton Municipal Utilities Aoendallem , kQ 0S93.1 ,esw&D ITEM QTY DESCRIPTION p 1TRIy OPTION: 3 1 HPM-9000 Model 715/50 Workstation with 16 $ 25,750 $ 25,750 MB RAM, 525 MB Disk, LAN interface, 2 RS- 232 ports, 1 parallel port, UNIX Operating System, ISC Terminal Emulation, • Serial interface.. to HPM-7000 Master Station, can lU g= an Intecolor CRT (plug compatible to ISC 8810/8815 with special emulation software) and is reusable when master station is upgraded to RPM-9000 system. • Requires Rev. 8.0 RDAC in HPM•7000 Master Station 4 1 Epson FX-1170 Dot Matrix Printer and ACS S 1,950 $ 1,950 Software License 5 1 Lotus 1.2.3 for RPM-9000 Workstation S 3,000 $ 3,000 TEM./15 WILL REQVM,'HPM-9Z RDAC ?ERATING SYSTEM/` / NOTE: ALL PURCHASE ORDERS SHOULD BE MAILED TO: SALES ADMINISTRATOR, P.O. BOX 922548, NORCROSS, GA 30092- 8346 , 4 t THIS QUOTATION CONTAINS PROPRISTART INFORMATION Page 2 Agenda No 9 Agenda Iter►~ ~S D DATE; Dat#ugust 1993 9 /~4_95 PUBLIC UTILITIES BOARD AGENDA Dy~y TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: R. E. Nelson, Executive Director of Utilities SUBJECT: RECOMMENDATION TO ACCEPT PROPOSED ENHANCEMENTS TO UPGRADE SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM RECOMMENDATION: The Electric Utility Staff recommends the acceptance of the proposed SCADA System enhancements for a cost of $70,965. SUMMARY/BACKGROUND: The SCADA System planning efforts, directed by the Electric Utility Department, have been toward solving the present and future needs of the City of Denton Electric System. As a result of these efforts, a SCADA Master Replacement Recommendation Study made by Tippett & Gee Engineering, and a SCADA System Enhancement Proposal by the Electric Utility Department have evolved. The Tippett & Gee study concurred with the Electric Staff findings that the existing SCADA System is approaching the end of its useful life due to age, capacity, and functional limitations of the existing computers. Recommendations made by Tippett & Gee suggest that the City update the present SCADA system and move toward new standard technologies such as "Open Systems". The study included a list of potential suppliers for the replacement services of certain portions of the Scada System. Quotes from the different suppliers for the Advaned recommended where Control Systems (ACS), the present SCADA Suppliers is $750,000. This cost includes only equipment costs and no other costs associated with consulting services, staffing and distribution switch automation etc. After careful consideration of the recommendations by Tippett & Gee, the Electric Utility Staff proposes enhancements be made to the existing system in order to: extend the life of the existing system and defer a costly $750,000 total replacement) solve some of the current capacity and functional limitations of the present system; and • provide a low-risk migration path to newer technologies such as UNIX and Open Systems. The proposed enhancements consist of software and hardware p roductivity tools, many of which will be usable in the future total reportingl,lload management, automation, i reliability ofrservice to customers and operational safety. A more detailed and i Agenda No Agendaltm 00- PUB ITEM t;a18 o fy page 2 o D SCADA Enhancements specific project objectives list intended out of the SCADA system enhancements proposed for fiscal year 592-931 are provided in Attachment A. The enhancements will also allow the necessary planning time needed for junction with the implementing future disptch center replacement in con As of today there have been very few SCADA "Open Systems" sold wait, if possible, before on the committing to the new pen System emerging technology until it settles and matures. The new proposed UNIX workstation will provide an Interface to other systems and 'programs' such as GIS and Lotus 1-2-3. During this process the Electric utility staff will be developing the needed expertise to deal with the increased sophistication of the UNIX operating system. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDs Electric Utility Department for Engineering and operations, and rate payers of the Denton municipal utilities. FISCAL IMPACT: The $70,965 expense in included in the 1992.93 fiscal year budget. Respectfully submitted, R. E. Nelson Executive Director of Utilities Prepared by: George Pool, Engineering Associate Approved by: aim Harder, Director of Electric Utilities Attachment I . SCADA Enhancement Proposal SCADA.PUB Agenda No lteni, Agenda ATTACHMENT A99 The final overall project objectives for the SCADA System enhancements proposed for this fiscal year (92-93) are as follows: Solve the memory problem limitations of the present SCADA system; • Improve the computing performances of the SCADA system master station; • Improve the printing capabilities of the system by adding print routing, batch printing by spooling, color printing, etc.; • Improve alarm message processing, data file access, built on display, accuracy of telemetry table readings, operational flexibility and man-machine interface, etc.; • Stretch the life of the existing system to maximize the return on investment; Provide a low-risk migration path to newer technologies such as UNIX and Open Systems; Develop in-house expertise on database management, system programming, UNIX, and computer system administration functions; • Provide secure data access from SCADA to other computer systems and programs such as Lotus 1.2-3, GIS, Engineering Analysis, PC's, etc.; improve and automate SCADA reporting capabilities for Power Plant control center personnel, Engineering, Planning and Management, etc.; • Increase SCADA system interaction by providing a higher degree of autonomy and flexibility to other departmental SCADA users; • Provide a developing platform for Engineering to work on building a GIS to SCADA interface; • Establish a migration platform for subsequent SCADA system enhancements and build on applications such as multi-vendor protocol RTU communications; sequence of events; and improved Man-Machine Operator Interface; etc. 7133027 R 1: \HPDOCS\0RD\A0W t. BW 0 agendeNa, nete ~ ORDINANCE NO. G/ AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1993, AND ENDING ON SEPTEM- BER 30, 1994; AND DECLARING AN EFFECTIVE DATE. WHEREAS, notice of a public hearing on the budget for the City of Denton, Texas, for the fiscal year 1993-94 was heretofore pub- lished at least fifteen (15) days in advance of said public hear- ing; and WHEREAS, a public hearing on the said budget was duly held on the 31st day of August, 1993, and all interested persons were given an opportunity to be heard for or against any item thereof; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: CTION I, That the budget for the City of Denton, Texas for the fiscal year beginning on October 1, 1993, and ending on September 30, 1994 prepared by the City Manager and filed with the City Secretary, as amended by the City Council, is hereby approved and adopted, a copy of which budget is attached hereto and incorporated by reference herein. SECTION II That the City Council hereby appropriates from available resources to the following funds: General Fund 2908591943 Recreation Fund 499,474 General Debt Service Fund 511650818 Electric Fund 6809820090 Water Fund 131458,000 Wastewater Fund 8,067,000 Sanitation Fund 4,9970818 j Working Capital Fund 4,099,616 Motor Pool Fund 1,0351975 Total 136,165,644 SECTION III That the City Manager is hereby authorized to transfer the amounts of money for employee benefit and salary adjustments as contained in the 1993-94 budget to the various departments. SECTION IV. That the city Manager shall cause copies of the budget to be filed with the City Secretary and County Clerk of Denton County. i Agenda No 9 Agenda It We SECTION V. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: (~~7~~.'~ ~L f r l ' J PAGE 2 k apendeNo. MY ofDENroN, 7EXAS MUNICIPAL BUILDING / 215 E. McKINNFY / DENTON, TEXAS 76201 MFKORRNDUM TO: The Honorable Mayor and Members of the City Council FROM: John F. McGrane, Executive Director of Finance ly DATE: September 9, 1993 (l SUBJECT: ADOPTION OF THE AD VALOREM TAX RATE FOR 1993 The attached ordinance will serve to a, pt the ad valorem tax rate for the year 1993. Pursu+nt to preliminary consensus by Council on September 7, 19930 a tax rate of $.7479 per $100 of assessed value would be required to supyort the amended General Fund portion of the 1993-94 Proposed Budget. If adopted, $.2566 of this rate would be used to fulfill General Debt Service Fund requirements, and $.4913 to provide for General Fund operation and maintenance. The $.7479 tax rate is less than the City's 1993 effective rate of $,7490 per 100 of assessed value. For your information, a tax rate worksheet is also attached which illustrates the tax rate calculation. JFMcailb attachment AFF0073A 8171566-8200 D/FW METRO 434.2529 b f t\PDOMORDWYALORE 6 ppenCaWe, u Date - - 3 a 3 ORDINANCE NO. AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 19931 ON ALL TAXABLE PROPERTY WITHIN THE COR- PORATE LIMITS OF THE CITY ON JANUARY 1, 1993, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That by authority of the charter of the city of Denton, Texas, and the Laws of the State of Texas, there is hereby levied for the year 19931 on all taxable property situated within the corporate limits of the City of Denton on the first day of and Laws of the January 1, 1993, and not exempt by the Constitution State of Texas or by Section II of this ordinance, a tax of $ on each $100 assessed value of all taxable property. SECTION II. That of the total tax, $ of each $100 of assessed value shall be distributed to the General Fund of the City to fund maintenance and operation expenditures of the City. SECTION III. That of the total tax, $ of each $100 of assessed value shall be distributed to pay the City's debt service as provided by Section 26.04 (e) (3) of the Texas Property Tax Code. SECTION IV. That pursuant to Article VIII, Section -b of th9 Texas Constitution, $5,000 of the assessed value of resident home- steads r.hall be exempt from city ad valorem taxes. SECTION V. That pursuant to Article VIII, Section 1-b of the Texas Constitution, $21,000 of the assessed value of resident home- steads of persons sixty-five (65) years of age or older shall be exempt from City ad valorem taxes. SECTION VI. That for enforcement of the collection of taxes hereby levied, the City of Denton shall have available all rights and remedies provided by law. SECTION VII. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance 13 held invalid by any court of competent jurisdiction, such holding shall not affect the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION VIII That this ordinance shall become effective immediately upon its passage and approval. d i ger,daNo __Q~3-D3.~ "IegoalIea) ~.F PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Lmo) IJ 0- PAGE 2 1993 PROPERTY TAX RATES IN 016Vdff_D NTON.--.-- Thie notice concerns 1993 property tax rates for City of OeOdaf~gaanta.isaoeweeiew- about three tax rates. Lalt year's tax rats is the actual rate the taxing unit used to determine property taxes last year. This year's effective UBx'ats would i"oat. the same total taxes to last year if you cempare properties taxed i 07%"r :-"Phi-i yea`r'n-rollback tax rate Is the highest tax rate the taxing unit can not before taxpayers can start tax rollback procedures. In each can these rates are found by dividing the total amount of taxes by the tax bale (the total value of taxable property) with adjustments as requlred by state law. The rates are given per 1100 of property value. East year'a tax rates Last year's operating taxes f 9,435,437 Last year's debt taxes 1 4,282,117 Last year's total taxes 9 13,717,549 Last year's tax bale S 1,910,121,098 Lest year's total tax rats 9 .7160/9100 This year's effective tax rotor Lest year's adjusted taxes (after subtracting taxes on lost property) 9 13,642,167 • This year's adjusted tax bale (alter subtracting value of new property) f 1,831,192,104 This year's effective tax rate ! .74901IL00 x 1.03 • Maximum rata unlade unit publishes notices and holds hearings 1 .7714/7100 rdle year's rollback tar rater Last year's adjusted operating taxes (after subtracting taxes on loaC property) 1 9,388,015 • Thid year's ad usted tax base 7 11621,192,104 e Thia year's of active operating rats 1 .5154/s10c x 1.08 • This year's maximum operating rate 7 .5566/!300 ♦ This year's debt rate s .2502/1100 • This year's rollback rate f .8061/)loo SCHEDULE As Unencumbered Fund Balances The following balances will probably be left in the unit's property tax accounts at the and of the current fiscal year. Thole balances are not encumbered by a corresponding debt obligation. Tit of Prooerty JjUW W jalance- General fund 1 31519,419 General Debt Service rind ! 165,052 SCHEDULE B: 1993 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts Will be paid from property tax revenues (or additional salve tax revenues, If applicable). Principal 6 Interact Reguiramerats for 1993-94 Deseriot lead of Debt Principal Interest Other Amounts Total To 8e Pald To U Paid TO It PaLd Payment 1985 General Obligation Refunding !1,820,000 f 221,530 1 714.28 12,042,244.24 1987 Central obligation 171, goo 02,9SO 714.26 254,664.28 1987 Certificates of Obligation 25,000 7,1S0 714.28 31,564,28 1987A Certificates of Obligation 125,000 31,150 724.28 157,414.21 1968 Coneral Obligation 1751000 71,388 714.28 247,102.21 1989 General Obligation 176,000 102,150 714.21 271,264,24 1989 Certificat of Obligation 17,315 7,203 714.29 21,232.29 1969A Certificates e: of Obligation 17!1000 67,025 714.29 242,139.29 1991 Certificates bf Obligation 50,850 3,146 714,29 74,710.29 1992 Certificate: bf obligation 134,064 32,661 714.29 161,439.29 1992 Central Obligation 75,000 174,480 114.29 250,394.29 1993 Certificate of Obligation 1291000 221,600 114.29 353,314.29 1993 General Obligation 60,704 21,269 714.29 82,617.29 1993A General Obligation Refunding 191.420 711,863 714.24 9061997.29 !3.326.353 1 1.744.465 !10,000.00 $1&U2,11s.00 Tot a1 renquirad for 1993 debt service 15,100,116 Amount (1f any) paid from funds listed in Schedule A 447,941 4xetae collections last year 0 • Total to be paid from taxes in 1993 !4,652,111 • Amount added in anticipation that the unit will collect loci of ltd taxes in 1992 0 • Total Debt service Levy 1~. 652.671 This notice contains a summary of actual affective and rollback tax rate calculation.. Yew ran Lnepact a copy of the full calculations at the Office of the city Secretary, 21S S. McAInney, Denton, Texas. Rams of person preparing this notica, Marlan L. Jefferson Titles Director of Treasury Operations rate Prepared, July 21, 1993 Agenda No Agendahe 5iikilit §Mptember 14, 1993, CITY COUNCIL AGENDA ITEM TOt MAYOR AND MEMBERS OF THE CITY COUNCIL FROMi Lloyd Harrell, City Manager REs RATES FOR ELECTRIC/WATER/WASTEWATER/SOLID WASTEEDULE OF RECOMMENDATIONS Recommend i Solid Waste rate changes to be 9 effective SOctober /1, 1993. SUMMARY/BACKGROUNDi The proposed rates for electric, water, wastewater and solid waste were discussed at the August 31 and September I City Council meetings. discussion ABofethe presented utility along Current with proposed for each methodology used to develop rates for each utility. The electric rate increases proposed includes a 2% increase in revenue from basic rates plus another 1.2% increase from an For adjustment (ECA) rate customera, from rate pethe r KWH9y cost 1.9 increase ce ts in increases are applied to the demand charge for customers with a demand component in their rate structure. The General Service Small rate changes are revenue neutral as no and the demand energy component t decreases. the demand charge with increases Those customers (primarily residential customers) have the rate increase applied to the facility and energy charges. The city will remain very competitive at the electric rates recommended for 1994. Exhibit ii provides proposed fiscal year 1994 electric rate ordinances. The Experimental Weekend (EWK) rate ordinance has been adjusted to change eligibility requirements. Customers may The and two week. month the times exceed the demand ar ir day nt of four times on one particul period applicable for the demand requirement has also been changed to Sunday 12 midnight through Thursday 12 midnight. Overall, the proposed rates will provide approximately $221,000 in cash net income in 1994. agenda Ne 4 9 a,endaltem.~,5 CITY COUNCIL AGENDA Page 2 A detailed cost of service was not conducted this year for the Water utility. The proposed rate increase has generally been applied equally to the facility and volume charges for each customer class. however the residential summer block structure only has the rate increase reflected in the first block (0-15,000). There are no rate changes proposed for wholesale customers, due in part to the uncertainty regarding volumes and revenues from sales to the Upper Trinity Regional Water District under the interim treated water sale contract. The revenues based on the proposed rate increase are projected to provide a net cash income of approximately $419,000. The proposed water rate ordinance is provided in Exhibit IV. Wastewater rate increases are also applied essentially equally to the facility and volume charges since no formal cost of service study was performed. The proposed wastewater rate increases will provide cash income of approximately $649,000. However, total net income, adding depreciation expense and removing debt service principal and fixed asset expenditures, will only be around $145,000. Exhibit VI provides the proposed fiscal year 1994 wastewater rate ordinance. Proposed rates changes for the Solid Waste utility are based on an in-house cost of service study that concentrated on commercial dumpster, open top and compactor costs. Based on this review, proposed rate increases vary by type of customer (dumpster/open top/compactor). During the City Council review of new recycling packages, some packages were removed from the budget that were funded in part by commercial solid waste revenue. This allowed the commercial solid waste rate increase to be reduced to 71 overall. The proposed rate increase for dumpster service is around 8.61, while increases for open top and compactor containers are around 4.21. This allocation of the overall 71 rate increase provides the best alignment of rates with both coat of service and rates charged by other providers of solid waste service within the local area. Within each category of container, rates increases vary between small and large container size. Although the disparity between costs and revenue are corrected to some degree with the proposed rate structure, it will take more than one year to fully restructure rates to their appropriate level. Several new recycling programs were tentatively approved by the City Council, including in-house and office paper recycling, separate yard waste/composting, cardboard recycling, waste oil collection and recycling site expansion. A new rate has been developed for commercial customers who take part in the new cardboard recycling program. The new rate provides an incentive for customers to take part in the AgerJ04o_ Agentla to &eL Oele i3 CITY COUNCIL AGENDA PAGE 3 new cardboard program as the rates charged are approximately 104 below the rates charged for regular solid waste service. A rate will be developed later and brought to the council for the non-city customers of the collection service of premium grade white paper. Other rate changes in solid waste include an increase for residential customers from $10.65 to $11.15, and an increase in landfill rates from $3.45 to $3.95. New charges relating to yard waste collection are also incorporated into the proposed rate ordinance. These include a charge of 500 per bag over six bags of leaves or grass clippings for residential customers, and a charge of $4.00 per cubic yard of brush over one cubic yard (3x3x4 feet). The yard waste program will be implemented in January 1, 1994. The revenue from these charges will provide support of the new yard waste/composting recycling package, which provides for separate pickup of yard waste. Overall, the solid waste rate increases proposed will provide net cash Income of $105,000. Exhibit VIII provides the proposed solid waste rate ordinance. FISCAL SUMMARYs The rate increases proposed will provide the basis for electric, water, wastewater and solid waste revenues for fiscal year 1994. These revenues are projected at a level to cover anticipated utility costa and yet be competitive with other utilities in the area. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDs Citizens of Denton, Wholesale Water/Wastewater Customera, Denton Municipal Utilities, Legal Department, Finance Department, Public Utilities Board, and City Council. Respectf ly submitted, 4yd'Harrell City Manager Prepared by- i /X zr~~'~_ R. E. Nelson Executive Director of Utilities y ~eIdaNa Ar~bf1da110Ri.. ~5 6r`v CITY COUNCIL AGENDA PAGE 4 Exhibits: I Current vs. Proposed Electric Rates II Electric Utility Rate Ordinance with Schedules III Current vs. Proposed Water Rates IV Water Utility Rate Ordinance with Schedules V Current vs. Proposed Wastewater Rates VI Wastewater Utility Rate Ordinance with Schedules VII Current vs. Proposed Solid Waste Rates VIII Solid Waste Rate Ordinance with Schedules FILE:A:\94Ratord.cc z CITY OF DENTON ELECTRIC CURRENT VERSUS PROPOSED RAT'S- ' ` Rate Schedule Proposed Current % Rates Rates Increase Residential - Ri Facility Charge $ 6.6S 6.50 2.31% Energy Charge/cents per KWH 4.30 4.20 2.38% Average Customer Bill at 400KWH/Month 31.45 30.50 3.11% Average Monthly Dollar Increase 0.95 Residential - R_2 Facility Charge $ - Single Phase 7.65 7.50 2.00% Facility Charge $ - Triple Phase 15.30 15.00 2.00% Energy Chargelcents per KWH: 0 - 1,000 KWH (Winter) 4,30 4.20 2.38% All additional KWH (Winter) 3.90 3,80 2.63% 0 - 3,000 KWH (Summer) 5.55 5,45 1.83% All additional KWH (Summer) 6.15 6.00 2.50% Average Customer Bill At 840KW'H/Month 68.13 66.27 2.81% Average Monthly Dollar Increase 1.86 General Service_ ame - GSL Facility Charge 60.00 60.00 0.00% Demand Charge/$ per KW 9.50 9.00 6.56% Energy Chargelcents per KWH 1.40 1.40 0,00% Riders: Energy Charge/cents per KWH For Primary Service 1.30 1.30 0,00% For Primary Service d, Ownership 1.10 1.10 0,00% Bill at 1000KW Demand and 36S000KWH/Month 21,605.00 ?,1,740,00 4,17% Average Monthly Dollar Increase 865.00 General Service Small - GSS Facility Charge $ - Single Phase 15.00 15.00 0,00% Facility Charge $ - Triple Phase 20.00 20.00 0.00% Demand Charge/$ per KW 7.50 7,00 1.14% (First 20 KW not Billed) Energy Chargelcents KWH (0 - 2,500) 6.70 6.56 2.13% Energy Charge An additional KWH 3.35 3.50 -429% Bill at 90KW and 35000KWH/Monlh 2,616.00 2,582,00 1.32% Average Monthly Dollar Increase 34,00 Experimental _WpOond_ Aate ENK Facility Charge $ - Single Phase 22.00 15.00 46.67% Facility Charge $ - Triple Phase 27.00 20.00 35,00% Demand Charge/`$ per KW 6.00 5.60 7,14% Demand Charge: (First 20 KW not Billed) Energy Charge/cents KWH (0 - 2,500) 6.70 6.56 2,13% All Additional KWH 3.35 3,50 -4.29% Local Government - G1 Facility Charge $ ___Single Phase 15.00 15,00 0.00% Facility Charge $ - Triple Phase 20,00 20,00 0,00% Demand Charge/$ per KW 625 6.00 4.17% Energy Chargelcents per KWH 3.00 2.88 4.17% Age a No. CITY OF DENTON ELECTRIC UTILIT4,rndoerrp ~ CURRENT VERSUS PROPOSED RATE Rate Schedule Proposed Current % Rates. Hates__ Increase Residential Time of Use - TR Facility Charge $ - Single Phase 15.30 Facility Charge $ - Triple Phase 1500 2.00% Energy Charge/cents per KWH On Peak 20'40 20.00 2.00% Energy Charge/cents per KWH ON Peak 25.30 24.80 2,02% 1.40 1.40 0.009e General 5ervtce Time of Use - TGS Facility Charge $ 70.00 70.00 0.00% Demand Charge/$ per KW On Peak 10.30 System Demand Charge/$ per KW 10.00 3.00% Energy Charge/cents per KWH 4.15 4.00 335% Riders; Energy Charge/cents per KWIi 0,50 0'50 0.00% For Primary Service For Primary Service & Ownership 0.40 0.40 0.00% 0,20 0.20 0.00% Street, Ughtiog__- LS Sodium WOW Facility Charges 4.85 4,75 e 250 W 2, 2 h 400 W 6.90 6.75 2.22°h Mercury; 8.65 8,50 176% 175W Facility Charges 5.60 250 W 5.5U 1,82% 400 W 6.65 8.50 k 31% 1,000 W 8.40 8.25 1.82% Energy Cost = Monthly Bulb Wattage Factor x 15.30 15'00 2b0% Current Energy Cost Adjustment Monthly Bulb Wattage Factors: 100 W 48.00 48.00 0.00% 250 W 105.00 105,00 0.00% 400 W Mercury' 159.00 159,00 0.00% 175 W 250 W 70,00 70.00 0.00% 400 W 98.00 98.00 0.00% 1,000 W 153,00 153.00 0.00% 380.00 380.00 0.00% Other. Llghting_ - _ LO Energy Charge/cents per KWH 25O W Sodium 5.25 5.14 2.14% 400 W Sodium 406W Mercury 515 5,14 2,14% 1,000W Mercury 5.25 5.14 2.14% Monthly Bub Wattage Factors; 5.25 5.14 2.14% 250 W Sodium 105.00 105.00 0.00% 400 W Sodium 159.00 159.00 0.00% 400 W Mercury 153,00 153.00 000% 1,000W Mercury 380.00 380,00 000% TrA ic_Llghting,_-_ LT Energy Charge/cents per KWH $As 5,14 0,199b a F Agenda N0_._.~~ C11Y OF DENTON ELECTRIC UTIL&Y'llQm -RS_ 46-T CURRENT VERSUS PROPOSED RAPES Hate Schedule Proposed Current Rates Rates Increase Decorativ_e_Lighting_- DL Facility Charge $ 3.80 3.70 270% KWH per Customer 4.25 4.15 2.41% Energy Charge = Monthly Bulb Wattage Factor x KWH per Customer. Dawn- toDusk_- DD Sodium: 100W Facility Charges 7.65 7.50 2.00% 250 W 9.95 9.75 2.05% 400 W 12.25 12.00 2,08% Mercury; 175 W Facility Charges 6.40 6.25 2.40% 250 W 7.45 7.25 2.76% 400 W 8,25 8.00 3,13% Energy Cost = Monthly Bulb Wattage Factor x Current Energy Cost Adjustment Monthly Bulb Wattage Factors; 100w 48,00 48.00 0.00% 250 W 105M 105,J0 0.00% 400 W 159.00 159.00 0.00% Mercury: 175 W 70.00 70.00 0.00% 250 W 98.00 90.00 0.00% 400 W 153.00 153.00 0.00% 1,000 W Temporary_Ser_vlce - T1 Facility Charge $ - Single Phase 15.00 15.00 0,00% Facilty Charge $ - Triple Phase 20.00 20.00 0.00% Energy Charge/cents per KWH 6.70 6.56 2,13% Labor/Equipment $ per Hour - Regular Time 60,OU 60.00 000% Labor/Equipment $ per Hour - Overtime 75.00 75.90 0.00% Interruptible Primary _Service - P1 Facility Charge $ 70.00 70.00 0.00% Demand Ci per KW 4.15 4.00 3.75% Energy Charge/cents per KWH 0,20 0,20 0.00% Athletic Field AP Facility Charge $ - Single Phase 20.00 20,00 0.00% Facility Chargo $ Triple Phase 30.00 30.00 0,00% Demand Charge/$ per KW: October through May 1.10 1.00 10.00% June through September Off Peak 1.10 1,00 10,00% June through September On Peak 4.65 4,50 3.33% Energy Charge/cents per KWH; October through May 315 3.75 0.00% June through September OH Peak 3.75 175 OM% June through September On Peak 7,50 7.50 0.00% x i kae~dah~o CITY OF DENTON ELECTRIC CURRENT VERSUS PROPOSED RATE&--~ Rate Schedule Proposed Current 016 Rates Rates Increase Unnterruptible Power. Supply.- UPS Facility Charge $ 25O W Power Standby Unit 7.70 7,55 1.99°6 Facility Charge $ 1,20O W Power Standby Unit 31.55 30.95 1.9496 Installation Charge $ 25.50 25.00 2,00% Standby.SUpptementary, 3 t alntenance_Servlce -_ES Facility Charge $ Primary Service 60.00 60.00 0.00% Facility Charge $ - Secondary Service 25.00 25,00 0.00% Demand Charge Primml per KW On Peak 11.35 11.00 3.18% Demand Charge Primary/$ per KW ON Peak 415 4.00 3.75% Demand Charge Secondary/$ per KW On Peak 11.35 11.00 118% Demand Charge Socendaryl$ per KW Ott Peak 4.15 4.00 3.75% Energy Charge Primary/cents per KWH Emergency 5,20 6.20 0.00% Energy Charge Primary+cents per KWH Non-Emerg 0.20 0.20 0=% Energy Charge Secondary/cents per 00; Emergency 5.30 5.30 0.00% Energy Charge Secondary/cents per KWH Non-Emerg 0.50 0.50 0.00% IndustrlaLEconomlc_Developnent Rider - IDR Reduction to System Demand: Year 1 50,00% 50,00% 0.00% Year 2 40.00% 40.00% 0,00% Fear 3 30.00% 30. Q%, 0.00% Year 4 20A0%, 20.00% 0.00% Year 5 10.00% 10.00% 0.00% Thermal Slorage_Incgn9y9- TS KW Demand shifted to Oft Peak First 500 KW - $ per KW 250.00 250,00 0.00% All Additional KW - $ per KW 125.00 125.00 0.00% Energy. Cost Adjustment-- ECA ECA Winter/cents per KW 1.90 1.80 5,56% ECA Summerlcents per KWH 1190 1.80 5.56% ~,'3111♦d NO ~~,~Q,,~ CITY OF DENTON WATER UTILITY"idaliam_~s_AL. 'Z CURRENT VERSUS PROPOSED RAf~S- 1_y - Rate Schedule Proposed Current x96 Rates Rates increase Residen'.:cd - WR 8 WRN 3/4' Meter 9.15 8.80 3.98% 1' Meter 10.95 10.50 4.29% 1 1/2" Meter 15.60 15.00 4.00% 2" Meter 17.40 16.75 3.88% All Gallons Block Rate - Winter 2.50 2.40 4,17% First Block Rate - Summer 2.50 2.40 4.17% Second Block Rate - Summer 3.35 3,35 0.00% Third Block Rate - Summer 4.20 4.20 0.00% Average Customer Bill At 8 500 Gallons/Month 30.40 29.20 4.11% Average Monthly Dollar Increase 1.20 Residential outside Corporate_ Llmits__- WRE 34" fviefer - - 11.15 11.15 0.00% 1' Meter 12.60 12.25 2.86% 1 1/2" Meter 17.90 16.70 7.190/a 2" Meter 20.00 20.00 0.00% 0.00% All Gallons Block Rate - Winter 2.95 2.95 0.0u% F:rst Block Rate - Summer 2.95 2.95 0.00% Second Block Rate - Summer 4.00 4,00 0.00% Third Block Rate - Summer 5.00 5.00 0.00% Commerciallndustrial- _WC--B WCN 3/4" tamer 19.40 18.45 5.15% V Meter 21.30 20.25 5.19% 1 1/2" Meter 24.75 23.50 5.32% 2" Meter 30.45 23,85 5.55% 3" Meter 65,00 60.00 8.33% 4 Meter 120,00 110.00 9.09% 6' Meter 150,00 140.00 7.14% 8' Meter 175.00 165.00 6.06% Volume Charge/1000 Gallons 2.75 2.65 3,77% Average Bill At 40,000 Gallons/Month 131.30 126.25 4,00% Average Monthly Uollar Increase 5.04 Commercial outside Corporate, Umits- - WE 314" T>~eter -_20.00 18.55 7.62% 1' Meter 22.00 20,50 7.32% 11/2" Meter 28.00 25.95 7.90% 2" Meter 32.00 29.50 8.47% 3' Meter 87.90 87.90 0,000/ 4' Meter 147.40 147.40 0.00% 6" Meter 188.90 188.90 0.009'0 8" Meter 214.05 214.05 0,00% Volume Charge/1000 Gallons 3,15 3.15 0.00% 0.00% Wholesale - WWI &_.-WIN2 0,00% Facility Cyarge Wffl 165.00 155.00 0.00% Facility Charge WW2 170.00 170,00 0.00% WWI Demand/1000 Gallons 19.42 19,42 0.00% WW2 Demand/1000 Gallons 27.34 27.34 0.00% Readiness to Serve/1000 Gallons 0.4691 0.4862 -3.52% Volume Charge/1000 Gallons 0.95 0.95 0.00% a CITY OF DENTON WATER UTILITY CURRENT VERSUS PROPOSED RATES Rate S chedule Proposed %urrent increase Rates Rates Government - WG 3,14" Meter 1425 13.60 4.78/, 1" Meter 1590 15.05 5.65% 1 2" Meter 1/2' Meter 19.75 18.65 5.9050 3" Meter 26.75 23.65 13.11% 4" Meter 56.00 52,75 6.16% " Meter 93.00 92.65 0.00% 6 6" Meter 122.00 116,65 4.59% 10.00 136.25 495% Volume Charge/1000 Gallons 2,70 2.60 3,85% Local Government Irrigation-- WG8_WGN 3fe 'Meter - 1425 13.60 4.78% 1" Meter 15.90 15.05 5.65% 1 1/2" Meter 19.75 18.65 5.90% 2" Meter 26.75 23.65 13,11% Volume Charge/1000 Gallons (interruptible) 2,30 2.20 4 65% Volume Charge/1000 Gallons (Non-Interruptible) 2.70 2,60 3.65% Sprinkler Charge Per 100 Square Feat 0.00 0.00 000% Adopt A Spot -_-__WGA 9!4" Fdet`er (Billable 3 times annually) 9.15 8.80 3.98% V Meter 10.95 10.50 4.29% 1 1/2" Meter 15.60 15.00 4A0% 2" Meter 17.40 16.75 3.68% Volume Charge/1000 Gallons 2.70 2.60 3.85% Goyernment Raw_Water -_WGU Facility Charge 147.50 142.00 3.87% Volume Charge/1000 Gallons 1.45 1.40 3.57% Metered Hydrant- -_WFH ility Charge 31.20 30.00 4.00% Volume Charge/1000 Gallons 2,75 2.65 3.77% Deposit 650.00 650.00 0.00% installation Charge 52.00 50,00 4.00% I I AgendaNo, 6 ndalte~ CITY OF DEN I ON WASTEWATER UTILIe~- CURRENT VERSUS PROPOSED RATES Rate Soheduie Propos9d Current % Rates Rates Increase Residential - SR Facility Charge 5,66 5.00 13.00% Volume Charge/1000 Gallons 15 1,90 13.16% Averagge Customer Bill At 6100 Gallons,rMonth 18.77 16.FJ 13.14% AV age Monthly Dollar Increase 2.13 Residential. without. Water Service SRN Facility Charge A00 side Cify) 5.65 6.00 13.00°/0 Faciity Charge utside City) 6,60 6.40 1.56% Volume Chp Gallons Inside City) 2,16 1.90 1116% Volume CF% ge/1000 Gallons Outside City) 2,50 2.50 0,00% Residential outside _COrporate Limits. and wit City of Denton Water Service - SRW Facility Charge 6.50 6.40 1,56% Volume Charge/1000 Gallons 2.50 2.50 0,00% Regular _Commercial_ -_SC Facility Charge 14.70 13.00 13.08% Volume Charge/1000 Gallons 2.80 2.45 14.29% Sampling Charge (As Pequlred) 35.00 35,00 0.00% Analysls Charge (As Required) 15.00 15.00 0.00% Surcharge - See Below Customer Bill At 32,000 Gallons Discharge/Month 104.30 91.40 14.11% Avirage Monthly Uollar Increase 12,90 CommercialLIndustrlal_without, Water _Service - SCN Kacirli Charge nslde Dity} 14.70 13,00 13,08% Facility Charge Outside City) 16,30 14.40 13,19% Sampling Charge (As Required) 35.00 35,00 0,00% Analysis Charge (As Re ulred) 15,00 15.00 0,00% Volume Charge/1000 Gallons (Inside) 2.80 2.45 14,29% Volume Charge/1000 Gallons (Outside) 3,20 2,85 12,28% Commercial with _Dedicated _Water Meters SCD IN Meter 20.65 18,45 13.01% V Meter 22.90 20.25 13.09% 1 1/2" Meter 26.55 23.60 12,98% 2" Meier 32.60 28.85 13.00% 3" Meter 68,00 60.00 1313% 4" Meter 124.60 110.00 13.18% 6" Meter 158.00 140 00 12.86% 8" Meter 186.60 165.00 13.03% Sampling Charge (As Required) 35,00 35.00 0.000/0 Analysis Charge (As R9qulred) 1500 15,00 0.00% Volume Charge/1000 Gallons 2,60 2,45 14.29% Surcharge - See Below Regutai .Commercial outside Corporate.,_ Limits and with Cty-ofDenton Water Service- - SCW Facility Charge 16,30 14,40 13,19% Volume Charge/1000 Gallons 3,20 2,85 12.28% Sampling Charge (As Required) 35.00 35,00 0.00% Analysis Charge (As Required) 15.00 15.00 0.00% Surcharge - See Below agendallo CITY OF DENTON WASTEWATER UTILITYle°dalferrt,_~ CURRENT VERSUS PROPOSED RATES 7I Rate Schedule Proposed Current % - - - Rates_ Rates. Increase Pretreatment - SPT (SPA or SIB) Facility Charge 14.70 13.00 13,08% Volume Charge/1000 Gallons 2.80 2.45 14.29% Administrative/Program Categorical (SPA) 365.00 320,50 13.88% Administratlve/Program Non-Categorlcal (SPB) 42,00 37.00 1351% Sampling Charge 35,00 35,00 0,000/0 Analysis Charge 15,00 1500 0,00% Surcharge - See Below Metered Wastewater SM_ Facility CFarge TnslJe City 182,00 161,00 13.04% Facility Charge Outside City) 210,00 195,00 7.69% Volume Charge/1000 Gallons (Inside) 2,80 2.45 14.29% Volume Charge/1000 Gallons tOutside) 3.20 2.85 1228% Sampling Charge 36,00 35.00 0,00% Analysis Charge 16,00 15,00 0.00% Surcharge - See Below Metered_ Wastewater Categorical SMA Facility Charge (Fn__sT e -City)-- 182.OU 161.00 13,04% Facility Charge (Outslde City) 210.00 195.00 7.69% Volume Charge/1000 Gallons (Inside) 2.80 2.45 14.29% Volume Charge/1000 Gallons (Outside) 3,20 2,85 12.28% Administrative/Program Categorical 365,00 320.60 13,88% Sampling Charge 35,00 35,00 0.00% Analysis Charge 15.00 16.00 0.00% Surcharge - Sse Below Metered Wastewater Non-Categorlcal_- SMB Faciliy Oharge Inside ~ity~ 182,00 161.00 13,04% Facility Chargel0utstde City) 210,00 195.00 7.69% Volume Charge/1000 Gallons Inside)) 2.80 2.45 14.29% Volume Charge/1000 Gallons ~Outslde) 3,20 2 85 12.28% Administrative/Program Non-Categorical 42.00 37,00 1361% Sampling Charge 35.00 35,00 0,00% Analysis Charge 16,00 1500 0,00°i6 Surcharge - See Below Eating Places - SEP Fadlity Charge 14.70 13,00 13.08`,'6 Volume Charge/1000 Gallons 3,85 3.40 13,24% Sampling Charge (As t7equlred) 35,00 35.00 0,00% Analysis Charge (As Aequlred) 1600 1500 000% Surcharge -See Below EquIRment_Services -_-SES Facllity Charge 14,70 13.00 13,08% Volume Charge/1000 Gallons 3,85 3.40 1324% Sampling Charge (As Required) 35.00 35.00 0.00% Analysis Charge (As Required) 15.00 15.00 0.00% Surcharge - See Below t,wla No CITY OF DENTON WASTEWATER UTILITY aa~°aaicem CURRENT VERSUS PROPOSED RATES Rate Schedule _ proposed- Currenf % Rates Rates _Increaso Government - SG pacllity Charge - Volume Charge/1000 Gallons 14.70 13.00 13.08% Surcharge - See Below 2,41 2,15 13,95% Industrial Water - SGE Faollily Charge Volume Charge/1000 Gallons 10000 100.00 0.00% Surcharge - See Below 1.10 1,16 0,00% Wholesale _SSC Fa Tlify -Cliarge- Volume Charge/1000 Gallons 71,6 71 0,00% .00 Surcharge - She Below 1,B5 1.,85 85 0,00% Surcharge giocharrmlcal Oxygen Demand - ROD Total Suspended Solids - TSS 0.00267 0,00183 1300% 0,00257 0,00227 13..00% i 1 r e 4 l~en+iaNo_..~~ 1~~!f----~-G='r CITY OF DENTON SOLID WASTE CURRENT VERSUS PROPOSED RAT-E--SA j~ Rate Schedule Proposed Current % Rates_ Rates Increase Pe_sldentia(SW8 Facility Charge-'V 10,80 10.30 4.85% Surcharge 0.35 0.35 0,00% Brush - Per CY (Over 1 Cubic Yard) - EN 1/1194 4,00 0.00 MA Grass/Leaves Per Bag Over 6 Bags (1 CY) - E1 11/1/94 0.50 0,00 N/A Appliance Collection (Per Appliance) 10.00 0.00 N/A Commercial _-__SWC DUMPSTER Container Service: 2 Yard Dumpster: N_iimber of Times Collected Per Weak Rete Per 30 Days 1 20.26 17.86 13.38% 2 32.60 27,68 17.41% 3 48,50 41.52 16.81% 4 62.50 6328 17.30% 5 78,00 66.60 17.12% 6 92.00 78.24 17,59% 7 107.00 9128 17.22% 3 Yard Dumpster: Number of Times Coliected_Pe{ Weok Rate Per 30 Days 1 2$.26 26.79 -5.75% 2 45.60 41.62 9.83% 3 65.70 69.94 9.61% 4 86.40 78.24 10.43% 5 107 25 97.80 9,66% 6 127.80 117.36 8.90% 7 148.05 136.92 B 13% 4Yard Dumpster; Number of Times Collected Per_Week Pate Per 30 Days 1 31.00 27.68 11,99% 2 69.20 63.28 1111% 3 86.40 7824 10.43% 4 112,00 104.32 7,36% 6 139,00 130.40 6.60% 6 165.60 156.48 583% 7 19110 181.16 5.87% 6 Yard Oumpster; Number of Timsa_Collected Par__Week Rate ,Per_30 Days 1 44.50 41.62 7.18% 2 82A0 78,24 4.61% 3 121,00 117.36 3,10% 4 160.00 156.48 2.25% 6 198.00 194.10 2.01 6 242,00 232.92 3.90% 7 277,20 271.74 2.01% Y'v,4.ly AgondaNo,_ q z._.- CITY OF DENTON SOLID WASTE OTIL8I CURREN'f VERSUS PROPOSED RAIES ~5 ^ iF Rate Schedule / Proposed Current - - - - Rates Rates Increase 8 Yard Dumpster. Number of Times Collected Per.WeO Rate Per 30 Days 1 56.00 53.28 5,11% 2 10800 10432 3.53% 3 161.00 1$6.48 2.89% 4 208 A0 207,04 0.46:0 b 261,00 258.80 0.85°6 6 31400 310,56 1.11010 7 353.00 352.24 0.22% TEMPORARY Dumpster Service: Type of Container Rent Per 30-Day; 3 Cubic Yard Dumpster 6.00 5.50 9.09% 4 Cubic Yard Dumpster 7.00 6.50 7.69ae 6 Cubic Yard Dumpster 9.25 8.50 8,82% 8 Cubic Yard Dumpster 11.00 10.00 10.00% Typo of Container Sarvlco Chargo[Pickup 3 Cubic Yard Dumpster 18.60 16.20 14.8106 4 Cubic Yard Dumpster 24.80 21.60 14 81 % 6 Cubic Yard Dumpster 35.40 32.40 9.26% 8 Cubic Yard Dumpster 46,40 43,20 7,41% OPEN TOP Container Servlce: Type of Container Rent_Per 30 bays 15 Cubic Yard Open Top 30.00 2625 14,29% 20 Cubic Yard Open Top 40.00 39.53 1,19% 30 Cubic Yard Open Top 55.00 5250 4.760% 40 Cubic Yard Open Top 70.00 57.75 21.2114 Type of Container Servlcq Charge1Pickup 15 Cubic Yard Open Top 87,00 81,00 7,411% 20 Cubk; Yard Open Top 118,00 108.00 9.26% 30 Cubic Yard Open Top 169.00 162,00 4.3266 40 Cubic Yard Open Top 215.00 21600 -0.460% i AgBRddNO. j:--S CITY OF DENTON SOLID WASTE ;tTE CURRENT VERSUS PROPOSED %f Rate Schedule Proposed Current 06 Rates Rates Increase COMPACTOR Container Service: Type of Container Pent, Per. 30 Days 6 Cubic Yard Compactor 4100 43.58 -1,33% 12 Cubic Yard Compactor 87.00 87.15 -0,17% 15 Cublc Yard Open Top 97.00 89.25 868% 20 Cubic Yard Open Top 115,00 11550 0.43% 25 Cubic Yard Compactor 135,00 115.50 16880, 30 Cubic Yard Compactor 16500 157,50 4.7604 42 Cublc Yard Compactor 21500 17640 21,88°6 Type of Container Service Charge;Pickup 6 Cubic Yard Compactor 38.00 32.40 17,28% 12 Cubic Yard Compactor 75.00 64.80 15.74;6 15 Cubic Yard Open Top 88.00 81.00 8.64% 20 Cubic Yard Open Top 12100 108,00 12,0416 25 Cubic Yard Compactor 145,00 135.00 7.41% 30 Cubic Yard Compactor 170.00 162.00 4.94% 42 Cubic Yard Compactor 22200 226,80 -2.12% Brush - Per Cubic Ytrd (Over 1 Cubic Yard) 4.00 0.00 NIA Appliance Collection (Per Appliance) 1000 000 N!A Commercial Surcharge 3.50% 3 50°6 0,40% (En1wo, compl'u Abntlhly RMIal p90) of Monlmly earl Temporary Dumpster Delivery Fee 1500 0.00 WA Compactor Dalivery Fee 50.00 50.00 0.00°6 Landfill Servk;e - M Private Commercial Service Use of Landfill 3.95 3.45 14.49% Special Waste (Per Cubic Yard) 7,50 6.50 15,38°6 Tiro Cutting _Charges; Aulomrbile Tires 2,30 2,00 15.00% Truck Tires 4.60 4.00 1500% Cardboard Pecycing_ SWY DUMPSTER Recycling Service (8 Cubic Yard Only): Number of 11mes Collected Per.We4k Rate Per 30 Days 1 50.00 0.00 NA 2 100.00 0.00 N/A 3 150,00 0.00 NSA 4 200.00 0,00 N,'A 0saM3~ 3 AgenddNO_ Agendalle 5 -6 G--'T . CITY OF DENTON SOLID WASTE UTJL4T-1FY-:Z~-' CURRENT VERSUS PROPOSED RATES Rate Schedule Proposed Current % Rates Sales Increase OPEN TOP Recycling Service; Type of Container laent Pe-r 300ays 30 Cubic Yard Open Top 50.00 0.00 N/A 40 Cubic Yard Open Top 65.00 0.00 N/A Type of Container Service Chargeyickup 30 Cubic Yard Open Top 13$.00 0.00 N/A 40 Cubic Yard Open Top 135A0 0,00 N,rA COMPACTOR Recycling Service; Type of Container Rent.Per 30 Days 30 Cubic Yard Compactor 150.00 0100 N/A 42 Cubic Yard Compactor 200.00 0.00 N/A Typa of Container Servlce/Pickup 30 Cubic Yard Compactor 135.00 0.00 N/A 42 Cubic Yard Compactor 135.00 0.00 N/A. I i Y S d f4' AQ9ndaN0 _Z 'gU Agodailen'L S ~A~G .r Date ~1~9 SOLID ""STE /yp//7 COMMERLIAL hL'."ENUES CURRENT PROPOSED PERCENT RATES RATES INCREASE DUMPSTER $1,527,763 $1,659,924 8,65% OPEN TOP $337,233 $349,518 3.64% COMPACTOR $51 5,697 $538,737 4,47% TOTAL $2,380,693 $2,548,179 7.04% i} 9Getnt~ Q ORDINANCE NO. AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES: PROVIDING A SEVERABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I, That the Schedule of Rates for electrical services as provided for in Chapter 26 of the Code of Ordinances, is amended to read as follows: ARTICLE Y. ELECTRIC RATE SCHEDULES PAGE RI Residential Service Rate 2 R2 Residential Service Rate 4 GSL General Service Large 6 GSS General Service Small 9 EWK Experimental Weekend 12 G1 Local Government Lighting & Power Service Rate 15 (City, County, Independent School District) TR Residential Time of Use Rate 18 TGS General Service Time of Use Rate 20 LS Street Lighting 24 LO Other Lighting 26 LT Traffic Lighting 28 DD Dusk-to-Dawn Lighting (Security Light) 29 T1 Temporary Service Schedule 31 P1 Interruptible Primary Service 33 AF Athletic Field 36 ES Standby, Supplementary & Maintenance Service 38 DL Decorative Lighting 43 IDR Industrial Development Rate 44 TS Thermal Storage Rate 45 UPS Uninterruptible Power Supply 46 ECA Energy Cost Adjustment 48 APR Appliance Rebate 49 ACR Air Conditioner Cycling Rebate 54 VLR Voluntary Load Reduction 55 PL1L1 1 Agenda No, Q' 103G . Agenda ~tenL l6 SCHEDULE R1 RESIDENTIAL SERVICE (Effective 10/01/93) APPLICATION Appplicable to all electric service used for residential pur- poses in a single family dwelling or an individually metered apart- ment; supplied at one point of delivery and measured through one meter where usage is not in excess of 700 KWH per 30-day month dur- ing the billing months MAY through OCTOBER. If usage in any such month exceeds 700 KWH, billing will be rendered that month under Rate Schedule R and thereafter for a period extending through the 12 billing months of the next year ending with the October billing. Annually, in November, the customer may again qualify for the R-1 rate provided that consumption has not exceeded 700 KWH per 30-day month during the previous six summer months. Where individual dwelling units are being served through the same meter and the KWH in the billing months of MAY through OCTOBER exceed 700 KWH times the number of dwelling units, the billing for that month and thereafter will be rendered under Rate Schedule R-2. NET MONTHLY RATE (1) Customer Facility Charge $6.65/30 days (2) Energy Charge 4.300/KWH (3) Energy Cost Adjustment Schedule ECA MINIMUM BILLINQ $6.65/30 days TYPE OF SERVICE The City will supply single-phase service at any standard volt- ages available from the city's distribution system through one standard transformation. PAYMENT Bills are due when rendered, and become past due if not pal.-i within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 2 f Agenda No 91 -a3~ Awdatlm Ael A%CIr Dafo__Jp~I ' ✓~9 PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually. Formulas Actual days in reading period 30 days x customer facility charge ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula3 KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 3 Ayea~a Na....~~~ AovdaIIem,. fa 9CHIDULE R2 y ) (E~ffe tive 10/01/93 APPLICATION Applicable to any customer for all electric service used for residential purposes in an individual private dwelling or an indi- vidually metered apartment, supplied at one point of delivery and measured through one meter. Not apnlic UA to resale service in any event, nor to tempo- rary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE WINTE SUMMEB Billing months of Billing months of NOV through APRIL MAY through OCT (1) Customer Facility Charge Single Phase $ 7,65/30 days $ 7.65/30 days Three Phase $15.30/30 days $15.30/30 days (2) Energy Charge First 1,000 KWH 4.300/KWH Additional KWH 3.900/KWH First 3,000 KWH 5.550/KWH Additional KWH 6.150/KWH (3) Energy cost Adjustment Schedule ECA Schedule ECA MINIMUM BILLIM Single Phase $ 7.65/30 days $ 7.65/30 days Three Phase $15.30/30 days $15.30/30 day:3 TYPE OF SERVICE The City will supply single-phase service (or three-phase ser-60) cyk;les vice at if available any stadardavoltg es availslelfrom ythe city's ydistribution system through one standard transformation. where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City and the customer may be required in advance. PAGE 4 I Agecd~No -036__ A vdaile PAYMENT Bills are clue when rendered, and became past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provide-i subject to the special facilities rider. PRORATION OFUTILI,~'Y BILLS Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer facility charge 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTM&NT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 5 t Agerdaho_ Age^daltem~ SCHEDULE GSL ti"0 ' Y GENERAL, SERVICE LARGE (P (Effective 10/01/93) . APPLICATION The GSL Rate is applicable to any customer having a minimum actual demand of 250 KW for all electric service supplied at one point of delivery and measured through one meter. Customers with an average actual demand equal to or greater than 180 KW during the previous twelve month period may be allowed service under this rate, subject to the minimum billing provision. Customers who elect to discontinue service under this rate are ineligible for service under this rate for twelve months. Not applicable to resale service in any event, nor to tempo- rary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge $60.00 per 30 days (2) Demand Charge $ 9.50 per KW of demand per 30 days (3) Energy charge 1.400/KWH for all KWH (4) Energy Cost Adjustment Sch4dule ECA MINI UM BILLING An amount equal to the facility charge plus the greater of= 1) demand charge as calculated on 250 KW, or 2) seventy percent (70%) of the maximum monthly demand charge for any month during the pre- ceding months of May through October. TYPE OF SERVICE Secondary or primary service available to commercial and indus- trial customers. Primary service is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts. PRIMARY SERVICE DI6GU'T Customers who own, operate, and maintain all facilities neces- sary to receive three phase primary voltage service and all trans- formation facilities required for conversion to utilization voltage shall receive a discount of 0.30/KWH. Primary service customers utilizing City owned and operated facility and transformation PAGE 6 I ~endaNo_.~3 Q~- AdEnd3if8~~ equipment necessary to receive primary voltage service shall receive a discount of 0.1C/KWH. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. DETERMINATION OF DEMAND The demand shall be determined by the KW supplied during the 15-minute period of maximum use during the current month as deter- mined by City's demand meter, but shall not be less than 701 of the highest monthly demand determined during the billing months of MAY through OCTOBER in the 12 months immediately preceding the current month. POWER FACTOR The City reserves the right to make tests to determine eligi- bility for the GSL rate, and to determine the power factor of the customer's installation served either by measurement during periods of maximum demand or by measurement of the average power :actor for the monthly billing period. If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 901 and dividing by the determined power factor. SPECIAL FA911IM S All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY 411JA (a) Billing for the Facility charge shall be based on 12 bill- ings annually. Formula i Actual days in reading period x customer facility charge 30 days PAGE 7 I AaerdaNo_~ Ageada;tem- Cto (b) Billing for demand shall be calculated on a 30 day per ~ month basis and prorated for longer or shorter billing l periods. Formula: Actual days read ina oeri49 x KW demand x Rate 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block F,Z,E Y COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule EC?.. i PAGE 8 A~rr,~al(e~ ~ N1 -J SCHEDULE 000 GENERAL SERVICE SMALL (Effective 10/01/93) APPLICATION The GSS rate is applicable to any commercial or industrial customer having a maximum demand less than 250 KW for all electric service supplied at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to tempo- rary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge Single Phase $15.OD per 30 days Three P'iase $20.00 per 30 days (2) Demand Charge $ 7.50 per KW (first 20 KW not billed) (3) Energy Charge First 2500 KWH 6.700/KWH All KWH over 2500 3.350/KWH (4) Energy Cost Adjustment Current ECA Schedule MINIMUM SILL•IL; An amount equal to the facility charge plus the greater ofs 1) the demand charge calculated on tte actual KW demand, or 2) seventy percent (70%) of the maximum monthly demand charge for any month during the preceding months of May through October. TYPE _QF--MUU Secondary service available to commercial and industrial customers. The city will supply single-phase service (or three-phase ser- vice at if available any standardavoltag es available lfrom ythe City's distribu and tion system through one standard transformation. Where service of the type desired by the customer is not already available at the point and the service, ay special requird prior to cometncemnt of t service, customer may be required prior to g commencement of service. PAGE 9 S ]Aq l Age~dallarr~ 5 ~6 G- ~M~BX SERVICE DI S_ Cnr~NT C~10..~,~ customers who own, operate, and maintain all facilities e(a s- eary to receive three phase primary voltage service and all trans- formation facilities required for conversion to utilization voltage shall receive a discount of 0.30/KWH, Utilizing city owned and primary service customers operated facility and transformation receiven a discount of to receive primary voltage service shall maintain all metering facilities,Teitheryathprimarytorpsecondary voltage. EUMM Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. "TEBMI=1Q L-D-MU The demand shall be determined by the KW supplied 15-minute period of maximum use during the current month asideter- mined by City's demand meter, but shall not be less than 70% of the highest monthly demand determined during the billing months of 24AY through OCTOBER in the 12 months immediately preceding the current month. In cases where the connected load is constant, the City may, at its option, estimate the KW demand, For neon signs, one volt am- pere shall be considered the equivalent of 3/4 watt, POWER FA TOR The City reserves the right to make tests to determine the power factor of the customer's installation served either by measurement during periods of maximum demand or by measurement of the average power factor for the monthly billing power factor is below ninety percent, the demand orrbillingf the ur- poses will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor. SPECIAL FACI .I; W All services which require special facilities in order to meet customers service requirements shall be provided subject to the special facilities rider. PAGE 10 • Agenda No... Data PRORATION OF UTILITY BIB (a) Billing for the Facility charge shall be based on 12 b1 l- ings annually. Formula: Actual days in reading period x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods. Formula: Actual dye in reading period x adjusted Kw demand x Rate 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. I i PAGE 11 r , .P Agemdaltem, SCHSDULR BNK Aa E P(EFFECTIVE W 0/01/93) ~PLI CATIQti Applicable to any commercial and industrial usor whose maximum demand load occurs during the period from Thursday at 12 midnight through Sunday at 12 midnight and does not experience a demand load demand through load. Thursday 12 mid- during the period from Sunda exceds So% of the maximum midnight night that Customers who violate the 80% requirement more than four times during the month, or more than twice on the same day of the week, during the months of June through September are ineligible for ser- vice under this rate for twelve (12) months. Not applicable to resale service in any event, nor to tempo- rary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge $27.00/30 days--ThreeePhasee (2) Demand Charge $ 6.00/KW (first 20 KW not billed) (3) Energy Charge 700/KWH , First 2,500 KWH 6 All over 2,500 KWH 3.350/KW (4) Energy Cost Adjustment Per Schedule ECA KIRI R SICCING An amount equal to the demand charge as calculated below plus eerviceP per 30 day billing. or $27.00/month for three $22.00/month phase TYrF OF SERVICE The City will supply single-phase service (o three-phase vice if available at the point of delivery) sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City and the customer may be required. PAGE 12 A6crrtlaltom ,~?b PAYMENT Bills are due when rendered and become past due if not paid within 15 calendar days from date of issuance. DETERMINATION OF DEMANQ The demand shall be determined by the KW supplied during the fifteen (15) minute period of maxiidum use during the current month as determined by the City's demand meter. Billing shall be based on an adjusted KW demand, which is the actual demand less 20 KW. The adjusted KW demand will subsequently be used for billing the demand portion of the utility bill. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PROPATIGN OF UTILITY 8IL Billing for customer facility charge and demand shall be calcu- lated on a 30-day basis and prorated for longer or shorter billing period. (a) Billing for the Customer Facility Charge shall be based on 12 billings annually. Formula: Actual days in-re dipa period x customer facility charge 30 days (b) Billing for the Demand Charge shall be based on 12 bill- ings annually. Formula: Actual days in reading period x adjusted KW demand x Rate 30 days ENERGY CHAR, Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. PAGE 13 L,s'aydq ApenOaNo S ~ ~~Y i Apentlallb Date Formula: KWH in rate block x Rate per KWH in rate block I ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. i I PAGE 14 it 4 Agenda No_ Ager4alte% Z-5 V- 4~p SCHEDULE 01 I&OL-GOVERNMENT (Effective 10/01/93) APPLICATION Applicable to any local City, County or School District for all electric service supplied at one point of delivery and measured through one meter. Not a plip4h" to resale service in any event, nor to tempo- rary standby or supplementary service except in conjunction with applicable rider. NET MONTHLY F= (1) Customer Charge Single Phase $15.00 per 30 days Three Phase $20.00 per 30 days (2) Demand Charge $ 6.25 per KW of demand (3) Energy Charge 3.000 per KWH for all KWH (4) Energy Cost Adjustment Current ECA Schedule MINIMUM BILLING An amount equal to the demand charge as calculated below but not less than fifty percent (50%) of the maximum monthly demand charge for any month during the preceding months of May through October plus $15.00/month for single phase service or less than $20.00/month for three phase service, per 30 day billing period. TYPE 04' SERVICE The city will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City and the customer may be required. PAY.MEN Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 15 tigcadaNo ~ AgendaItor.~. a 9~~ DETERMINATION OF DEMAND Dote //0 Xy The demand shall be determined by the KW supplied during t 15-minute period of maximum use during the current month as deter- mined by City's demand meter. POWER FACTOR The city reserves the right to make tests to determine the power factor of the customers installation served either by measurement during periods of maximum demand or by measurement of the average power factor for the monthly billing period. If the power factor is below ninety percent, the demand for billing pur- poses will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor. SPECIAL FACILITTE All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually. Formulas Actual days 3In r 0 days period x customer facility charge Y (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods. Formula: Actual days in reading period x KW demand x Rate 30 days ENERGY C ARG$ Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formulat KWH in rate block x Rate per KWH in rate block PAGE 16 I ~I ra+;f M { Agenda No AgendaIIerr_~-09- Cde 5- ENERGY COST AUIUS'THENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 17 f 1 Agaadaital SCHEDULE TR .✓~9 RESIDENTIAL TIME_QL 1 (Effective 10/01/93) APPLICATION Applicable to any customer for all electric service used for residential purposes in an individual private dwelling or an indi- vidually metered apartment, supplied at one point of delivery and measured through one meter. Customers applying for the TR rate must remain on this rate for twelve (12) continuous billing per- iods. Not applicable to resale service in any event, nor to teripo- rary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY-]RATE (1) Customer Facility Charge Single Phase $15.30/30 days Three Phase $20.40/30 days (2) Energy Charge On-Peak Hours 25.30 /KWH Off-Peak Hours 1.40 /XWH (3) Energy Cost Adjustment Schedule ECA MINIMUM BnLin The minimum monthly bill shall be the customer Facility Charge. E OF SERVICE Single-phase or three-phase at sixty (60) cycles at secondary distribution voltage, where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the city and the customer, may be required prior to commencement of service. DEFINITION OF OX-PEAK HOURS The City's on-peak hours, for the purpose of this rate sched- ule, are designated as being from 2:00 P.M. to 7:00 P.M. each Monday through Friday, starting on June 1 and continuing through September 30 each year. The City's on-peak hours may be changed from time to time and the customer will be notified twelve (12) months before such changes become effective. PAGE 18 i ~gendaNo ~ D ~.~,„r Agenda ifentie-OIr Ne DEFINITION OF OFF-PEAK HOURS The City's off-peak hours, for the purpose of this rate schA- ule, shall be all hours not designated as on-peak hours. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PROkATION OF UTILITY BILLS Billing for the Facility Charge shall be based on 12 billings annually using the following formula: Actual days in reading ep riod x customer facility charge 30 days ESEfl I C Billing for the energy charge shall be based on actual KWH con- sumption during the billing period, Formula: KWH in rate block x Rate per KWH in rate block ERQY mST ADJUP_'ip1F,ZiT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 19 4 4perdatVo~ ~ Aii'~~dalterr(,~.5 G- SCHEDULE TOS g Q ~9 AL SERVICE TIME OF USA O, (/J (Effective 10/01/93) APPLIC TION Applicable to any customer having a minimum demand of 250 KW for all electric service supplied at one point of delivery and measured through one meter, with the City providing all facilities necessary to receive primary voltage service. Supplementary ser- vice will to available subject to the applicable rider. Not appli- cable to resale or temporary service. Customers electing this .ate must remain on this rate for a minimum of twelve (12) continuous billing months. NE.T &OITHI,Y RATE (1) Customer Facility Charge $70.00/30 days (2) On-Peak Demand Charge $10.30/KW of On-Peak Demand (3) System Demand Charge $ 4.15/KW of System Demand (4) Energy Charge 0.50/KWH (5) Energy Cost Adjustment: Per Schedule ECA MINIMUM BILLING The minimum monthly bill shall be the sum of the Customer Facility Charge, the On-Peak Demand Charge, and the System Demand Charges but not less than 100% of the maximum monthly total demand charge for any month during the preceding months of May through October. TYPE OF SERVICE secondary or primary service available to commercial and indus- trial customers. Primary voltage service is available to any cus- tomer with a minimum demand of 250 KW. Primary service is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts. The City will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the city's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City and the customer may be required. PAGE 20 r Agan4aNo..~,3 Aroaltor~ s P$7PfARY SERVIC DISCOU 1~ (kte--~-~ ~ customers who own, operate and maintain all tra facillties nec s- sary to receive three phase primary voltage service and all ns- formation facilities required for conversion to utilization voltage shall receive a discount of 0.30/KWH. If primary service is provi- ded and the City owns and operates all facilities and transforma- tion equipment necessary to receive primary voltage service, a dis- count of 0.10/KW will be applied to the customer's bill. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage, at the City's option. The on-peak demand shall be determined by the KW demand sup- plied during the fifteen (15) minute period of maximum use each month during on-peak hours as recorded by the city's demand meter and adjusted for power factor, but not less than one hundred per- cent (1004) of the maximum on-peak demand similarly determined dur- ing the billing months of June through September in the twelve (12) months immediately preceding the current month. The on-peak demand will be billed every month. ~FiT.Fe~~'1It{8~ON OF SY4TEM D~.hIANp The system demand shall be determined by the maximum KW demand supplied during the fifteen (15) minute period of maximum use each month as recorded by the City's demand meter and adjusted for power factor, but not less than one hundred percent (1004) of the maximum system demand similarly determined during the billing months of June through September in the twelve (12) months immediately prece- ding the current month. PDWEH F&MR UM ,mv The City reserves the right to make tests to determine the power factor of the customor'r• installation served either by mea- surement during periods of ma):,tium demand or by measurement of the average power factor for the monthly billing period. If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 904 and dividing by the determined power factor. DELM ION OF ON-PEAK egg The City's on-peak hours, for the purpose of this rate sched- ule, are designated as being from 2300 P.M. to 7100 P.M. each Monday through Friday. The city's on-peak hours may be changed from time to time and the customer will be notified twelve (12) months before such changes become affective. PAGE, 21 J ~9ndd DEFINITIQ~ OF OFF-PEAK HOURS The City's off-peak hours, for the purpose of this rate ache - ule, shall be all hours not designated as on-peak hours. SUPPLEMENTAL POWER RMM Customers requesting standby or supplementary power shall be allowed service under this rate schedule; however, the determina- tion of system demand shall be adjusted to read: The system demand shall be the sum of the maximum KW demand supplied during the fifteen (15) minute period of maxi- mum use as recorded by the City's demand meter plus the KW nameplate rating(s) of the customer's generator(s). In the event the customer's generator(s) is/are off-line at the time of the establishment of the maximum system demand, the KW nameplate rating of the generator(s) unavailable for service shall be removed from the determination of the system demand. In no event shall the system demand be less than one hundred percent (1000 of the maximum system demand similarly deter- mined during the billing months of June through September in the twelve (12) months immediately preceding the current month. SPECIAL FACILITIES All services which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility Charge shall be based on 12 bill- ings annually using the following formulas Actual days in reading cep x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30-day-per- month basis and pro rated for longer or shorter billing periods using the following formulae Actual days in reading nerio4 x KW Demand x Rate 30 days ENEH2Y CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formulae KWH in rate block x Rate per KWH in rate block PACE 22 J Agdnd3N0 y✓ '~/..s~~~~~ Agvidailem__ rae stew Q~;~_ ~3 ENERGY COST AWM TMENT 3 / A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAYMENT Sills are due when rendered$ and become past due if not paid within 15 calendar days from date of issuance. i PAGE 23 d• a /genJaNo Ago oalterr~.~ SCHEDULE L8 a (Effective 10/01/93) APPLICATION Applicable to all street lighting owned and maintained by the City of Denton. NET MONTHLY RATE (1) £aQillty Ch5U" See table (2) Enerav Cost Ad1+s m n Current ECA x Monthly Bulb Wattage Factor La Pagi.tity Charge Bulb Wattage Factor LSA 10OW Sodium Vapor $ 4.85/30 Days 48 KWH LSB 25OW Sodium Vapor $ 6.90/30 Days 105 KWH LSC 40OW Sodium Vapor $ 8.65/30 Days 159 KWH LK LMA 175W Mercury Vapor $ 5.60/30 Days 70 KWH LMB 25OW Mercury Vapor $ 6.65/30 Days 98 KWH INC 40OW Mercury Vapor $ 8.40/30 Days 153 KWH IND 1000W Mercury Vapor $15.30/30 Days 380 KWH T.Y.PFc_4F_SERVIC~ The City will supply single-phase service (or three-phase service if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City and the customer may be required prior to commencement of service. PAYMEN T Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PACE 24 e agenda No AgenCaIlemZLIOJI~.~ PRORATION OF UTILITY BILLS Cate g3 59 Billing for the Facility Charge shall be based on 12 billing annually based on the following formulas Actual days in re' 4ding period x I of lights x customer facility 50 days per type charge ENERGY COST A USTMENT A charge per RWH of energy taken for fuel cost calculated in accordance with schedule ECA. ENERGY CHARGE Billing for the energy charge shall be based on actual KWH consumption per 30 day period for each type of light. PAGE 25 AgerdaNo Agodaitem D ~ 1a - 3 SCHEDULE L4 OTHER LIGHTING (Effective 10/01/93) 388 APPLICATION Applicable to State and Local Government agencies that install and maintain their own street lights, other than the City of Denton. BULB WATTAGE MONTHLY PATE FACT.48 LS1 250W Sodium Vapor 5.250/KWH 105 KWH LS2 40OW Sodium Vapor 5.250/KWH 159 KWH LM1 40OW Mercury Vapor 5.250/KWH 153 KWH LM2 1000W Mercury Vapor 5.250/KWH 380 KWH LQa APPLICATION Applicable to other unmetered lighting services. TYPE OF SERVIC At the city's available secondary voltage and phase. PAXMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. MAINTENANCE CHARGE Maintenance expenses billed at cost. SPECIAL fACILITIEg All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. I I PAGE 26 AgendaHo_ ' Avndaltamj 6-1 DaSe_..,..9 ENERGY CHARGE i the energy charge shall be based on actual Billing for consumption per 30 day period for each type of light. Formulae y; in billing oeri2d x monthly x bulb wattage x f of lights 30 days rate factor per type PAGE 27 AQDOdaNP. Q~~~ Agal"VIa SCHEDULE LT TRAFFIC LIGHTING of /~/y (Effective 10/01/93) APPLICATION Applicable to State and Local Government agencies that operate and maintain their own traffic signals. NET MONTHLY RATE All KWH 5,250 per KWH TYPE OF SERVICE At the City's available secondary voltage and phase. PAYBF,H.T Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. MAINTENANCE CHARGE i Maintenance expenses billed at cost. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formulat KWH x Rate per KV41 ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 28 s j Ago~da Flo ~~-3 ' SCHEDULE DD DUSK TO DAWN LIGHTING D (Effective 10/01/93) APPLICATION Applicable to any customer within the area served by the City's electric distribution system for outdoor area lighting when such lighting facilities are operated as an extension of the City's distribution system. NET MONTHLY RATE (1) acility Charge See table (2) Energy Cost Adjustment Current ECA x Monthly Bulb Wattage Factor Facility Charge Bulb Wattage Factor DSA 100W Sodium Vapor $ 7.65/30 Days 48 KWH DSB 250W Sodium Vapor $ 9.95/30 Days 105 KWH DSC 400W Sodium Vapor $12.25/30 Days 159 KWH DMA 175W Mercury Vapor $ 6.40/30 Days 70 KWH DMB 250W Mercury Vapor $ 7.45/30 Days 98 KWH DMC 40OW Mercury Vapor $ 8.25/30 Days 153 KWH TYPE OF SERVICE The City shall furnish, install, maintain and deliver electric service to automatically controlled, mercury or sodium vapor light- ing fixtures conforming to the City's standards and subject to its published rules and regulations. Where necessary for proper illumination or where existing poles are inadequate, the city will install or cause to be installed, one (1) pole for each installed light, at a distance not to exceed eighty (801) feet from said existing lines, at no charge to the customer. Each additional pole span shall not exceed a span spac- ing of one hundred (1008) feet. Additional poles required to in- stall a light in a customer's specifically desired location, and not having a light installed on same, shall bear the cost. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 29 LO i Agoe~'aNo~.~~ ApMallem6r T&RM OF CONTRACS A two (2) year contract shall be agreed to and signed by each customer desiring Dusk-to-Dawn Lighting Service authorizing fixed monthly charges, which may be reviewed annually, and to be applied to the monthly municipal utilities bill. In the event that a cus- tomer desired the removal of the unit or discontinuance of the ser- vice prior to completion of two (2) years, the remainder of the contract period shall become due and payable. After the end of the initial two (2) year contract, service shall continue on a month- to-month basis and may be canceled by either party upon thirty (30) days notice. SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities .ider. PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x # of lights x customer facility 30 days per type charge ENERGY CHARGE Billing for the energy charge shall be based on actual KWH consumption per 30 day period for each type of light. Formula: Days in bJlLJDS_V_qrJgd x bulb wattage x / of lights 30 days factor per type i E1 Rc,Y COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 30 1 Alton aIterrL- SCHEDULE T1 Nt3 Y 3Y TEMPORARY SERVICE (Effective 10/01/93) APPLICATION Applicable when a customer requests electric service on a short term or temporary basis where a customer has received a permit from the city of Denton's Building Inspections Department. This rate is not applicable after the certificate of occupancy has been issued. NET MONTHLY RATE (1) Facility Charge Single Phase $15.00/30 days Three Phase $20.00/30 days (2) Energy Charge 6.70/KWH (3) Energy Cost Adjustment Current ECA Schedule MINIMUM BILLING Facility charge TYPE OF SERVICE At the City's available secondary supply. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. ADDITIONAL TEMPORARY SERVICE GES i Labor (Regular Time) $60.00 minimum up to 1 hour. $60.00 for each additional hour (to be mea- sured to the nearest one-quarter hour). Labor (overtime) $75.00 minimum up to 1 hour. $75.00 for each additional hour (to be mea- sured to the nearest one-quarter hour). Premium time to be added where applica- ble. Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the equipment. PAGE 31 i ~1iYC• AlerdaNo AgEndallem ~ Material Material that cannot be salvaged t billed at Stores cost plus 254 and applicable sales tax. At the time a temporary service is re- moved or converted, any loss in the material installed due to negligence or willful action by the customer will be billed separately to customer at Stores cost plus 254 and sales tax. SPECIAL FACILITIES All services which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer facility charge 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH consumption x Rate per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 32 AAe~c~a f~o.~ a~c~~a~tem Q G (r.•n 9~~ ~r.9J SCNEDULE P3 INTERRUPTIBLE P ~2 V C (Effective 10/01/93) APPLICATION Applicable to all customers taking primary service at a firm power load exceading 1,000 KW during the months of June, July, August and September and is, by contract, provided service subject to load interruptions. The city retains the right to limit the number of customers on this rate if the City's load reduction goals are met. NET MONTHLY CHARG; (Estimated transmission firm) (1) Facility Charge $70.00/30 days (2) Energy Charge 0.200/KWH (3) Demand Charge $ 4.15/KW (4) Energy Cost Adjustment Current ECA Schedule PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. MINIMUM BILLING An amount equal to the demand charge as calculated below but not less than one hundred percent (100%) of the maximum monthly KW similarly determined during the previous billing months of MAY through OCTOBER in the 12 months ending with the current month, nor LESS than 1,000 KW. TYPE OF SERVICE Interruptible primary voltage service (transformation equipment owned by customer) is available to any customer with a 12-month minimum monthly demand of 1,000 KW or greater. Interruptible pri- mary service rendered at one point on the customer's premises at a nominal voltage of 130200 volts or 69,000 volts three-phase at the option of the utility. The primary voltage service customer shall own, operate, and maintain all facilities necessary to receive three phase primary voltage service and all transformation facilities required for conversion to utilization voltage. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage, at the Utility's option. Where the City elects to meter at secondary voltage, two percent shall be added to the demand PAGE 33 • k t Agenda No Awdalle late _5 \ charge, the energy charge and the energy cost adjustment char account for transformer losses. DETERMINATION OF OEMAxn The demand shall be determined by the KW supplied during the 15-minute period of maximum use during the current month as determined by City's demand meter, but not less than 300% of the maximum monthly KW similarly determined during the billing months of MAY through OCTOBER in the 12 months immediately preceding the current month, nor less than 1,000 KW. POWER FACTOR REQUIREMENTS AND ARJUSTMENTS The City reserves the right to make tests to determine the power factor of the user's installation served hereunder during periods of maximum demand for the monthly billing periods. Should the power factor so determined be below ninety (90%) percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by ninety (90%) percent and dividing by the determined power factor. SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually. Formula: Actual days in reading Dariod x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods. Formula: Actual days in reading period 30 days x KW Demand x Rate ENERGY CHARGE Billing for the energy charge shall be based on actual KWH consumption during the billing period. PAGE 34 r•.MVi:~ A~enda No q Ageadalta Formula: KWH consumption x Rate per KWH ENERGY COST ADJLt~NT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. I PAGE 35 - if ApeadaNo_ Ageedaltem ~S - Ek31e / OCKEDDLE 71! 3~O ✓`9 I ATNT,ETE FIELD (Effective 10/01/93) APPLICATI2 Applicable to all electric service metered at one point for use to light specified areas for athletic events where such electrical use will not occur between the hours of 2:00 P.M. and 7:00 P.M. for the months of June through September. NjFT MONTHLY RATE (1) Customer Facilities Charge Single Phase $20.00 per 30 days Three Phase $30.00 per 30 days (2) Energy Charge Billing months of June through September: All Other Hours (Off Peak) 3.750 per KWH 2:00 PM to 7:00 PM (Peak) 7.500 per KWH (Weekdays excluding City Holidays) Billing months of-October through Mav: All hours 3.750/KWH (3) Demand Charge D-U11na months of June through September: All Other Hours (Off Peak) $1.10 per KW per 30 days 2:00 PM to 7:00 PM (Peak) $4.65 per KW per 30 days Billing months of October through Mav: All hours $1.10 per KW per 30 days (4) Energy Cost Adjustment Current ECA Schedule MINIMUM ~I1,LING Facility Charge I PAGE 36 AgendaNo Agendalte Date - ` TYPE OF SERVICE 3~ J 9 At the city's available secondary voltage and available phase. For use only between the hours of 7:00 P.M. and 2:00 P.M. from June through September and all hours from October through May. POWER FACTOR The City reserves the right to make tests to determine the power factor of the customer's installation served during periods of maximum demand or by measurement of the average power factor for the monthly billing period. If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 90t and dividing by the determined power factor. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually. Formula: Actual days in reading period x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods. Formula: Actual days in reading period x KW demand x Rate 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block FeNERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 37 ondaNo pC Agendaltein~"= - SCHEDULE 88 STANDBY, SUPPLEMENTARY AND MAINTENANCE SERVICE (Effective 10/01/93) APPLICATION Applicable in all areas served by the City to customers who: (1) own and/or operate an electric power generation facility mainly used for non-emergency uses and which has a total nameplate or effective capacity (whichever is lesser) of fifty (50) KW or more in parallel with the City's electric system for the purpose of generating power for the custom- er's own consumption, and (2) employ equipment which is compatible with the City's elec- tric system at the customer's delivery point and which will cause no damage to the city's electric system or equipment or present undue hazards to City personnel, and (3) own and/or operate an electrical generating facility which has been certified annually by a registered professional engineer practicing in the utility or Independent lower Production Industry to be a functioning and reliable generating facility. (4) operate an electrical power generating system at least 6,500 hours annually. (5) execute an agreement for interconnection and parallel operation with the City. INTERCONNECTION COSTS The customer shall reimburse the City for any equipment or facilities required as a result of the installation by the customer of generation in parallel with the City's electric system. The customer shall pay all costs of the City to extend its facilities or modify them at the time of interconnection, or at some future time in order to permit parallel operation of the customer's facility. TYPE OF SERVICE The City shall supply alternating current at sixty (60) cycles and at the voltage and phase of the City's electric system most available to the location of the customer. The primary voltage customer shall own, operate and ma!.ntain all facilities necessary to receive three phase primary voltage service and all transforma- tion facilities reguircd for conversion to utilization voltage. The City shall own, operate and maintain all metering facilities, PAGE 38 y t Agenda No Agendal rL,&_:s'~dL~-- - Date.Q/ V~ V-9- ' / o either at primary or secondary voltage, at the City's option Oyy~j Where the City elects to meter at secondary voltage, the secondary energy and on- peak demand charges shall apply. NET MONTHLY RATE Primary Secondary rv a service (1) Facility Charge $60.00/30 days $25.00/30 days (2) Demand Charges: On-Peak Demand $11.35/KW $11.35/KW System Demand $ 4.15/KW $ 4.15/KW (3) Energy Charges: Non-Emergency Energy 0.20/KWH 0.50/KWH Emergency Energy 5.20/KWH 5.30/KWH (5) Energy Cost Adjustment Per Sch ECA Per Sch ECA MINIMUM BILLING The minimum monthly billing shall be the higher of the follow- ing: (1) The sum of the customer Facility Charge, the On-Peak Demand Charge, and the System Demand Charge; or (2) A charge of $1.00 per KVA of installed transformer capaci- ty. DETERMINATION OF ON-PEAK DEMAND The on-peak demand shall be determined by the KW demand supplied by the City during the fifteen (15) minute period of maximum use during the on-peak hours as recorded by the City's demand meter and adjusted for power factor, but not less than one hundred percent (1003) of the maximum on-peak demand which occurred during the billing months of June through September in the twelve (12) months immediately preceding the current month. DETERMINATION OF ON-p~K DEMAND - COGENERATION UNITS NOT OPERATING AND CUSTOMER'S PEAK DID NOT CONTRIBUTE TO CITY'S ANNUAL SYSTEM PEAK If a customer's cogeneration unit(s) i e off during peak hours, and the customer's peak did not con. jute to the City's annual system peak, and the cogeneration unit is one (1) MW or larger, then the nameplate rating of the customer's unit(r) shall be deducted from the peak demand. PAGE 39 i Agenda No JeL ax. Agendalle~ Data The customer shall be charged the appropriate on-peak dem _31 charges for the KW supplied by the city for the succeeding twelve (12) months. JTERMINATION OF SYSTEM DEMAND The system demand shall be determined by the sum of the KW demand supplied during the fifteen (15) minute period of maximum use as recorded by the City's demand meter, plus the KW nameplate rating(s) of the customers generator(s). In no event shall the system demand be less than seventy per- cent (704) of the maximum on-peak demand similarly determined dur- ing the billing months of June through September in the twelve (12) months immediately preceding the current, month. DETERMINATION Of NON-EMERGENCY ENERGY All energy supplied to customers whose generating units are less than one (1) MW capacity. DETERMINATION OF EMERGENCY ENERGY Emergency energy is all energy supplied by the City during peak hours of operation to displace energy normally supplied by custom- er's one (1) MW or larger unit. POWER FACTOR P.NAT1M The City reserves the right to determine the power factor of the customer's installation served during periods of maximum demand or by measurement of the average power factor for the monthly bill- ing period. If the power factor is below ninety percent (904) dur- ing on-peak hours, the demand for billing purposes will be deter- mined by multiplying the uncorrected KW billing demand by 904 and dividing by the determined power factor. The formula is as fol- lows: Unadjusted billing demo x .9 Determined power factor 4Er'INITION OF ON-PEAK H211RS Ths City's on-peak hours, for the purpose of this rate sched- ule, are designated as being from 2:00 P.M. to 7:00 P.M. each Monday thre-ugh Friday. DEf141U' PH OF OFF PEAK HOURS The City's off-peak hours, for the purpose of this rate sched- ule, shall be all hours not designated as on-peak hours. PAGE 40 SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS (a) Billing for facility charge shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Actual dAyp in reading period x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods using the following formula: Actual days in reading oeriqd x KW Billing Demand x Rate 30 days ENERGY CHARGE Billing for energy shall be based on actual KWH consumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block UEDIT FOR ENERGY DELIVERED INTO CITY'S SYSTEM DURING ON-PEAK HOURS If Customer-produced energy is feel back into the City's system during on-peak hours, an amount equal to fuel cost calculated in accordance with Schedule ECA, as applicable to such energy is cred- ited monthly, provided that Customer has paid the City for neces- sary added metering, protective and other equipment as determined by the City. CREDIT FOR ENERGY DELIVERED INTO CITY'S SYSTEM DURING OFF-PEAK HOURS If Customer-produced energy is fed back into the City's system during off-peak hours, an amount equal to $0.01328 per KWH (for each KWH delivered back into the City's system) will be credited monthly, provided that Customer has paid the' City for necessary added metering, protective and other equipment as determined by the city. PAGE 41 ENERGY COST A TUSTHENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAYMENT Bills are due when rendered, and become past due if not paid within twenty (20) calendar days from date of issuance. &TE PAYMENT CHARGES Bills are considered past e, ,j if not received within twenty (20) calendar days and shall be accessed a late payment charge of one and one-half percent (1.5%) per month on any unpaid balance. PAGE 42 Ayf^Gaiteltt~ SCHEDULE DL ~t~ ~y" DECO aATIVELIGHTm (Effective 10/01/93) nvcttCATION Applicable to any customer on the perimeter of the square ser- ved b the 's electric distributon sstem for outdoor area lighting whenisuch lighting facilitiesiare operated as an extension of the city's distribution system. HT MONTHLY RATE (1) Facility Charge $3.80/30 Days (2) Energy Cost Adjustment current ECA x Monthly Bulb Watt- age Factor, based on 435 KWH per customer MLSF SERVICE The city shall furnish, install, maintain and deliver electric service to automatically controlled lighting fixtures conforming to ished the City's standards and prsubject to its publ ovided between dusk and midnight. tions. The service is p kumm Bills re due when rendered, and become past due if not paid within 15 calendar days from date of issuance. ^^°^IAL FAGI Iiz TIES All service which facilbeities in order to pro ided subjecteto the special customer's facilities rider. `R9E&TION rL 1= I~ Ty aI~ Billing for the Facility Charge shall be based on 12 billings annually. Formula: s~«++al davs in__dasi~MR- d x Facility Charge 3o days urory c'OST AWl3STMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 43 ~I AgCatlailarr~ ~ SCHEDULE IDR vv INDUSTRIAL/ECONOMIC D U LOPMFNT RIDER -77 AVAILABILIU This rider is available to the customers who rcLeive service from Rate Schedules GSS, GSL, or TGS. APPL,,CATI ON This rider is available to electric service supplied at any one location and measured through one meter.. This is for firm electric service applicable to new customers and existing customers as de- scribed below. (1) New customers whose electric service represents demand not previo,isly served by the City at any location in the City's service area in the last 12 months and where such metered demand is in excess of 200 KW. (2) Existing customers served under Rate Schedules GSS or GSL who add additional metered demand of at least 200 KW on top of their existing level of demand. This additional load will be separately metered. Under no circumstances may this rider be used to reduce the current amount of other firm service billed to the customer. Dur- ing the term of this agreement, the customer may not reduce other firm service peak demand. NET MONTHLY RATE The customer shall be charged under the appropriate applicable rate schedules, except that the monthly billing demand or system demand will be adjusted in accordance with the following table: Reduction to Billing Time Period Demand or System Demand First Year 501 Second Year 401 Third Year 301 Fourth Year 201 Fifth Year 101 CONTRACT PEP= The term of the contract will be a five-year period. PAGE 44 Agenda NQ AVidaItem~~Z . . !?c3 _21_`L" SCHEDULE TS THERMAL STORAGE INCENTrv& (Effective 10/01/93) APPLICATION Applicable to any customer who agrees to be on Time-of-Use rate for five (5) years and who has a thermal storage facility of a min- imum storage capacity of 5000000 BTU. THEF~MAL• 15TORAAGE -INCENTIVE PAYMENTS First 500 KW shifted $250/KW to off-peak hours Additional KW shifted $125/KW to off-peak hours Thermal storage incentive payments shall be made to qualifying customers based on the following method: A design shall be submitted to the Director of Electric Utili- ties for approval. The thermal storage equipment shall be checked for input electric demand (KW) and output capacity (BTU). The sys- tem shall be limited for incentive payment to a maximum of 12,000 BTU per 500 square feet for the conditioned area of the facility to be served. Upon completion, the input-output of the thermal storage units will be measured by the City of Denton. The customer may observe and verify all information and calculations for the actual size of the facility. Auxiliary equipment used to circulate fluid or air handlers which would operate under normal peak periods will not be included in calculating the KW load for incentive payments. PAGE 45 A ,,~dalarrz 5'r~ fir.. SCHEDULE UPS- 3 l" UNINTERRUPTIBLE POWER SUPPLY (Effective 10/01/93) APPLICATION Applicable to any customer who, by written agreement, receives service for uninterruptible power supply for a computer or other electrical equipment, Not applicable for resale service in any event, nor to tempo- rary or standby service except in conjunction with applicable rider. NET MONTHLY RAT (1) customer Facility Charge: 250 W Power Standby Unit $ 7.70/30 days 11200 W Power Standby Unit $31.55/30 days (2) Installation Charge $25.50 For any W Power Standby Unit other than above, the monthly customer charge will be based on the following formulas (1) Monthly Charge: 5t of Annual Maintenance Cost PLUS 12 months 61 Annual Return of Investment PLUS 12 months 8% Interest on a 5 Year Life TYPE OF SERVICE The City shall furnish, install, maintain an automatically controlled alternating current power backup unit conforming to the City's standards and subject to its published rules and regula- tions. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAI%. 46 AgerdaNo V~ "C13G Agenda Ile~,~ PRORATION OF LITY gILiS 7 ~iU (a) Billings for the Facility charge shall be based on 12 billings annually. Formula; Actual days in reading period x customer facility charge 30 days PAGE 47 3 A :Oda taq J G _ SCHEDULE ECA ENERGY COST nnzUUMENT a(Effective 10/01/93) ENERGY COST TwUST••T EN All monthly KWH charges shall be increased or decreased by an amount equal to "X" cents per KWH, to be known as the energy cost adjustment (ECA). The ECA shall be computed in the months of March and September to be applied to the following periods of April through September and October through March respectively. The City shall in no case change the energy cost adjustment more than twice in either of the six (6) months periods. The ECA shall be calculated by the following formula: ECA (Winter) F-ro s o Projected KWH sales for winter months" ECA (Summer) _ krAJLLQt9' eo~* for su~+~er nonths Projected KWH sales for summer months The above formula results in Winter 1993/94 and .estimated Summer 1994 ECA's as follows: ECA (Winter) 1.90'/PM ECA (Summer) 1.900/KWH In the event that actual plus estimated cumulative costs of fuel, variable costs of Texas Municipal Power Agency (TMPA) energy and purchased energy (excluding TMPA's fixed charges) are greater than or less than the actual and projected ECA revenues by $1,000,000 during the October through March or April through September period, the City may recompute the Energy Cost Adjustment and re- establish an ECA that collects or returns such difference over the next six months of the year. Such charge in ECA shall be applied evenly to each month during the six month period. PAGE 48 a idattem SCHEDULE APR ,r9 APB. twgy REBATE (Effective 10/01/93) Application/Program Summary The City of Denton Utility Department is offering cash pay- ments to customers who purchase and install high efficiency air conditioners or heat pumps in new or existing residential or com- mercial facilities. The program's objective is to reduce energy demand and con- sumption, thereby saving customers dollars on their utility bills and reducing the peak load of the City of Denton's electric system. Program Guidelines 1. All installations must be for accounts served by the City of Denton Utility Department and must meet all applicable national, local, and manufacturers' codes end specifica- tions. 2. To qualify for a rebate, equipment must be new when in- stalled. 3. All equipment must be purchased. No leased or lease/ purchased equipment will qualify for a cash rebate. 4. Installations must be made by licensed contractors and/or dealers. 5. No rebate will be paid on a partial replacement of an air conditioner. The compressor, condenser and th3 evapora- tor coil must be replace8t':o qualify for a rebate. 6. Payments for residential central cooling systems, M:iich include apartments and mobile homes, will be limited to a capacity based on a minimum of 500 conditioned square feet per ton. 7. The conditioned area in square feet is required on each residential central system request for payment. 8. The rebate will be paid to the purchaser of the qualify- ing equipment upon verification of compliance with program guidelines. 9. Requests for payment must be received by the Director of Electric Utilities within 60 Jaya of installation. PAGE 49 A~da~lem~~~~.-. 10. Equipment and installation are subject to inspectionjjf' / the City's Building Inspection Department before final (l approval for payment is issued. 11. The Appliance Rebate Program guidelines and payments are subject to change without notice. 12. The Appliance Rebate Program may be discontinued without prior notice at any time by the City of Denton. I 1. GENERAL PROCEDURES A. Application To determine who qualifies for a rebate, an appli- cation for rebate must be completed and sent to the Director of Electric Utilities within 6o davs of installation of the equipment. Participating dealers have rebate application forms and will complete these forms for the purchaser. It is the purchaser's responsibility to see that the dealer completes the form and submits it to the Director of Electric Utilities. S. Inspections Installations of central systems will be inspected by the City's Building Inspection Department and must be approved before rebates will be processed. C. Payments to Participants Cash payments will be made to the purchaser of the qualifying equipment. Participating retail equip- ment dealers will receive a cash payment of $20 per unit for the sale of window units, central air con- ditioning systems, or heat pumps to offset their cost for properly filling out the applications for purchasers. Program participants are responsible for submitting the correct information. The Utili- ty Department will not issue any additional payment unless the payment was incorrect due to a mistake in processing by a City employee. 1. The twenty dollar ($20.00) payments to dealers will be made only if they supply the qualify- ing equipment to the customer or builder who is paying for the installation of the equip- ment. Dealers and purchasers may be denied payment for failure to follow program guide- lines such as: failing to supply correct square footage or SEER/EER figurest installing equipment. which is not new; replacing part of PAGE 50 a split system; or failure to fill out rebat~/ „ /~G forms properly. 2. Payments will be made to customers who pur- chase and install new qualifying equipment, If a tenant purchases and installs qualifying equipment, the payment is made to the tenant. If the owner of rental property purchases ar,d installs qualifying equipment, the payment is made to the owner. If the purchaser of a mobile or custom home selects and pays E^r a qualifying unit, the purchaser will receive the rebate. II. CENTRAL ELECTRIC AIR CONDITIONERS AND ;!EAT PUMPS A. A new condensing unit with an inside evaporator coil will qualify if matched, as specified, in the current issue of the ARI Directory of Certified Air Conditioners and Air Source Heat Pumps and the unit meets the minimum ratings as specified in the 1992 Appliance Rebate Program. If the unit is not in the current ARI Directory, the manufacturer's latest data approved for publication will be ac- cepted. If the unit is not in the current ARI Directory or data approved for publication, the average of the high and low SEER/EER coil only, not including blower coil, will be accepted as listed in the current ARI Directory. 0. Computer simulations may be used if ratings are not listed In the current ARI Directory, provided the following criteria are met: 1. systems using nix-matched coils must meet all established p;,ogram guidelines to qualify for a rebate. 2. The computer simulations must be signed, cer- tified, and dated by a registered prof ssional, theq eubmiand an 9.1ficer of the company making 3. The engineer who certifies a simulation must attest to the accuracy of the input data, the validity of the calculation procedure used, and that the results are in accordance with D.O,E. approved methodology. 4. A complete set of the input data and an indi- cation of the source of the data must accompa- ny the simulated ratings. PAGE 51 i Agenda No M - Agendaitem ~ 5 ~6 Drake 5. The simulated ratings must be based on the ,/Jra condensing unit's tested combination as listed l%/1 in the current ARI Directory or latest data approved for publication and identified by the correct model numbers of both the condensing unit and coil as listed in the current ARI Directory. 6. Simulated ratings must not exceed 105 of the SEER rating of the tested system used as a base. 7. An open file of computer simulations will be maintained at the Energy Management Office. Supplying erroneous ratings or data can lead to disqualification of those involved from further program participation. C. Program capacity and Payment Formula 1. The maximum allowable BTU per hour capacity eligible for a residential rebate is deter- mined by dividing the square footage of the conditioned area by 500 and multiplying by 12,000. Example: The Program Capacity for a 1,500 square foot house is: 1,500 = 3.0 x 12,000 = 360000 13TUH 500 The city will pay a rebate on a unit that meets program efficiency standards and is sized at 36,000 BTUH or less. 2. Actual payment will be determined by dividing the BTUH of the installed unit (up to, and including the Program Capacity) by 12,000 and multiplying by the incentive. The incentive amounts and SEER ratings are refer- enced on page 5 and are incorporated herein as if fully set forth at length: Example A; A person in a 1,500 square foot house installs a 30,000 BTUH central air conditioner with a SEER rating of 12.0. 190000 m 3 x 120000 d 36,000 Program Capacity PAGE 52 r Agenda No.--- dW Agenda Ite ate - 30.000 120000 = 2.5 x $100/ton A $250.00 Rebate Amp n Example B: A person in a 2,000 square foot house I installs a 60,000 BTUH central air conditioner with a SEER rating of 12.0. 2.000 500 = 4 x 12,000 - 48,000 Program Capacity 12 000 . 4 x $100/ton a $400 Rebate Amount Ex.)a,ple C: A person in a 2,000 square foot house installs a 600000 BTUH central heat pump with a SEER rating of 12.0. 26000 = 4 x 12,000 . 48,000 Program Capacity 48,000 = 4 x $100/ton = $400 Rebate Amount Minimum SEER/EER Central Air Conditioning Rating Incentive Single Phase (SEER) 12.0 $100/ton*t Three Phase (EER) 12.0 $100/ton Central Heat Pumps Single Phase (SEER) 12.0 $100/ton Three Phase (EER) 12.0 $100/ton Room Air. Conditioners 10.0 $ 50/unit Room Heat Pumps 1040 $ 50/unit Geothermal Heat Pumps 12.0 $500/unit * Refer to 111992 Appliance Rebate Programs Methods Used in Determining Equipment Efficiency and Eligibility" t For calculation purposes, one ton equals 12,000 BTUH PAGE 53 Agenda No Age~dalte 5 r ~ BC88DUL6 ACR AIR CONDITION R C~(CLING RE~~TE (Effective 10/01/93) APPLICATION This schedule is available to any customer of the City of Denton Utility who is served and billed pursuant to rate schedules R-1, R-2, GSS/GSL and G1, has a central air conditioning system with a minimum connected compressor output of 2.5 tons and who agrees to permit the utility to install a control device to his or her air conditioning system. The device will enable the utility to control the operation of the air conditioner compressor during periods of the utility's peak load and emergency conditions. The utility shall have the right to interrupt service to the compressor unit for approximately seven and one-half minutes of each thirty minute interval during peak load conditions. Peak load conditions are defined as being from June 1 through September 30 of each year. U MLAK2_CMITIONS A customer may apply for this schedule at any time by applying and entering into a contract with the City of Denton Utility. The contract shall be for a term of one year and shall be renewable for additional one year terms. Upon approval of the application and installation of the load reduction device, the customer shall receive a monthly credit on his or her utility bill, the amount of ,which shall be based upon the customer'P compressor output (tons). The start date for receiving credit shall be the date the load reduction device is installed on the compressor and tested for proper operation. The amount of the credit is based upon thirty (30) day billing cycle and prorated according to the start date. The amount of credit on an eligible customer's bill shall be deter- mined in the following manner: Compressor Output in Tons credit per Billing Cycle 2,5 to 5.0 $10.00 All over 5.0 $ 2.00 per ton Any credit on a customer's electric bill shall not exceed fifty percent (501) of said bill. The Utility shall rebate applicable credits to customers in the months of June, July, August and September, i PAGE 54 4enda No Ag'voaimm Lq~e r ~ y 8CREDULE VLR VQLUNTABY LOAD REDUCTION (Effective 10/01/93) APPLICATION This program is available to customers who agree to reduce peak demand by a minimum of 100KW upon request by the City. Customers who execute contracts agreeing to interrupt power under the terms and conditions set forth in the attached sample contracts are eligi- ble for credits on their utility bills. TERMS AND CONDITIONS Electric utility bill incentives shall be provided as set forth in the attached sample contract agreements. Customers agreeing to reduce demand between 2:00 p.m* and 7:00 p.m. recel,ve an incentive of twenty-four dollars ($24.00) per KW demand. The customer will be charged according to the current rate schedule for the months of July, August, and September of each year. A credit shall be applied to the customers October bill. PAGE 55 4 ageodaNo..,_ ~ Ageidaltern_ [tire ..1.9 (SAMPLE) 5l0 9 AGREEMENT FOR TEMPORARY REDUCTION IN DEMAND The City of Denton, Texas, a Home Rule City situated in Denton County, Texas, hereinafter called "CITY," acting herein by and through its Executive Director of Utilities, Robert E. Nelson and , whose address is herelnafter called "CUSTOMER," hereby mutually agree as follows: 1. APPLICATION: This Agreement is applicable only when CUSTOMER receives service during the months of July, August, and September, 1994, when service is subject to load reductions of a minimum of one-hundred kilowatts (100 KW) upon two hours notifica- tion by telephone by CITY'S Representative. The CITY and CUSTOMER have determined the estimated peak loads for the months of July, August, and September, 1994, for CUSTOMER to be the same as the actual peak for the months of July through September of 19931 Peak Demand: KW Service Address: 2. DEFINITIONS: The following definitions shall apply to this Agreement: Peak KW Demand: The actual peak KW usage for the months of July, August, and September, 1993, based on historical billing records. Maximum Demand Duxing Reductio Customer's maximum (or peak) demand KW that occurs during reduction(s) requested by the city. Demand Reduction: Peak KW Demand less Maximum Demand Dur- ing Reduction. Utility'a Peak Days The day on which the maximum KW demand is placed on the entire electrical system. 3. SERVICES TO BE PERFORMED: The City has a public interest in reducing the system peak KW in order to maximize the efficiency of its utility system and thus, agrees to pay CUSTOMER twenty four ($24.00) dollars per KW demand for a one time reduction of at least one-hundred KW (100KW) during the months of July, August, and September, 1994. CUSTOMER calculates the Maximum Estimated Reduc- tion in Demand to be an estimated KW. The actual reduc- tion shall be based upon measurements taken by City's representa- tive. CITY agrees to monitor its system load and determine if a reduction in peak KW is required. CITY shall notify CUSTOMER by telephone not later than twelve nuon of a day if such reduction is required during that day. CUSTOMER agrees to acknowledge such re- Agenda No Agenda (e quest and reduce its load for that day between the hours of 2:00 o'clock p.m. and 7100 o'clock p.m. 4• INFORMATION: GENERAL DTLLING CUSTOMER will be charged according to the current rate schedule applicable to the CUSTOMER for the months of July, August, and September, 1994. A credit shall be applied to CUSTOMER'S October, 1993 bill, which shall be calculated as follows: Peak KW Demand July-September, 1993 KW LESS Maximum Demand During Reduction(s) ( xx 1 KW Total Demand Reduction xx KW x 24.00 Total Credit: S xx.xx 5. MISCELLANEOUS: CUSTOMER is granted a one-time exemption whereby CUSTOMER need not reduce demand by at least 100 KW from its peak KW demand. However, if the CUSTOMER's one-time exemption occurs on the same date as the Utility's Peak Day, this contract becomes void and shall terminate immediately. 'If the CUSTOMER fails, when requested, to reduce its peak demand more than 100 KW on more than one occasion, this Agreement becomes void and shall terminate immediately without further notice by the City. 6. T=r This Agreement is in effect for the period beginning July 1, 1994 and ending at midnight, September 30, 1994. EXECUTED this day of , 1994. CUSTOMER CITY OF DENTON, TEXAS BY. (Muse) R. E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES Address City/Itete/21p Code Telephone xuober APPROVED AS TO LEGAL FORM: Accant Mwber DEBRA A. DRAYOVITCH, CITY ATTORNEY Meter WOW BY: Contact Person I~ i AgendaNo` Ageldageq,r.6_ G _ oote__.9 @YZ.4,ibL l11QILITZ atnae 1~i Q a"9 o I~ (1) All service shall be offered from available facilities. If a customer service characteristic requires facilities and devices which are not normally and readily available at the location which the customer requests service, then the City shall provide the service subject to paragraph 2 of this schedule. (2) The total cost of all facilities reburied to meet the custome- r's load characteristics which are incurred by the city shall be subject to a special contract entered into between the Utility and the customer. This contract shall be signed by both parties prior to the City providing service to the customer, I i AgendaNo d.-- 60 Agendaltem - SECTION II. That the Executive Director of Utilities is ✓ / authorized to execute agreements with electric utility customers n the form and type set forth herein as an attachment to Schedule VLR. SECTION III. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is he--d invalid by any court of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the City Coun- cil of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That the Schedule of Rates herein adopted shall be effective, charged and applied to all energy consumption occurring on or after October 1, 1993. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTESTI JENNIFER WALTERS, CITY SECRETARY I BY3 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNE'l i _ V , I 1 ~I .JI BY: ~J11 - i ~ i [ OWPOOMORMATIN AAr Age~d11 Date -1,.3..2 ~L. ORDINANCE NO. AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WATER SERVICES PRO- VIDING A SEVEF.ABILITY CLAUSEI AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI SECTION I. That the Rate Schedules for water service as pro- vided for in chapter 26 of the Cede of Ordinances, are amended to read as followsi WATER RATE SCHEDULES Mu WR Residential Water Service 2 WRN Residential Water Service Not Connected to Sewer 4 WC Commercial/Industrial water service Rate 6 WCN Commercial/Industrial Water Service Not Connected to Sewer 8 WGI Local Government Sprinkler Irrigation Rate 10 WW1 Water Sale for Resale to Municipal Corporations, Water Districts & Other Governmental Entities By Agreements Prior to June 1, 1986 12 WW2 Water Sales for Resale to Municipal Corporations, Water Districts & Other Governmental Entities By Agreements After June 1, 1986 13 WG Intra-Governmental Sales of Finished water 14 WGA Local-Governmental Water Service for Adopt-a-Spot 16 WGU Intra-Governmental Sales of Untreated Water IS WFH Metered Water from Fire Hydrant 20 WRE Outside Corporation Limits Residential Water Service 21 WCE Outside Corporation Limits Commercial & Industrial Water Service 23 Water Tqp and Loop 25 Special Facilities Rider 27 AvidaNo -D Agodallem .~e Dated i I;q SCHEDULE NR RESIDENTIAL WATER SULVICY, (Effective 10/01/93] APPLICATION Applicrble for single family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than four units. Not applicable to resale, temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3/4" Meter $ 9.15 1" Meter $10.95 1-1/210 Meter $15.60 211 Meter $17.40 (2) Volume Charge Rate Per 1.000 Gallons RATE BUCK PER 30 DAYS WINT$g SUMMFiB I Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $2.50 $2.50 15,001-30,000 gals $2.50 $3.35 Over 30,000 gals $2.50 $4.20 MINIMUM BII,1,1NGt Facility charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILIT F6 All services which require special facilities in order to meet custom- er's service requirements shall be provided subject to the special facilities rider. PAGE 2 i AgendaNo a: Agendals Dace PRORATION OF FACILITY CL&= Billing for the Facility Charge shr ae based on 12 billings annually. Formula3 Actual days in reading period x customer charge 30 days VOLE E CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formulas Gallons n rate block x rate per 1,000 gallons in rate block 1000 gallons PAGE 3 Apda No.- Agcadahem~c~.~~.~„ SCHEDULE NRN RESIDENTIAL WATER SERVICE NOT CONNECTED TO kEWER (Effective 10/01/93) APPLICATION Applicable for single family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than four units, where the metered water is not returned to the wastewater system for collection and treatment, i.e. lawn sprinkler or septic system. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with appli- cable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3/4" Meter $ 9.15 1" Meter $10.95 1-1/2" Meter $15.60 2" Meter $17.40 (2) Volume Charge Rate Per 1.000 Gallons RATE BLACK PER 30 DAYS WINTER SUMME$ Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $2.50 $2.50 15,001-30,000 gals $2.50 $3.35 Over 30,000 gals $2.50 $4.20 MINIMUM BILLINGt Facility Charge PAYMEN Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 4 P r crY.ar { AgondaN9. Lp{p Agudalta ~5 Cate 9 ~~-Q3 SPECIAL FACILITIES All services which require special facilities in order to most custom- er's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually. Formulas Actual days in reading period x customer charge 30 days VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formulas Gallons in Rate Block x rate per 1,000 Gallons in Rate Blo.k 11000 PAGE 5 Ape^daNo._ T Ap~:r,~altem_ 8CSEDULB WC COMMER.CrAL/INDUSTRIAL WATER HMIULMU [Effective 10/01/931 APPLICAT10 Applicable to all commercial and industrial users, or other water users not otherwise classified under this ordinance, for all water provided at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to temporary, stand- by, or supplementary service except in conjunction with applicable rider. J MONTHLY RATE (1) Facility charge Billing Per 30 Davs 3/4" Meter $ 19.40 1" Meter S 21.30 1-1/2" Meter $ 24.15 2" Meter $ 30.45 3" Meter $ 65.00 4" Meter $120.00 6" Meter $150.00 8" Meter $175.00 (2) Volume Charge $2.75 per 1000 gallons MINIMUM BILLINGi Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES custom- er's services service which requirem require shall al be facilities provided i subject to the special facilities rider. PAGE 6 AgondaNo~ ~a Agodafla HORATION OF FACILITY CHAR G$ Billing for the Facility charge shall be based on 12 billings annually. Formula: ActuAl days in reading period x customer charge 30 days VOL11AlE CHARGE Billing for the water consumption sliall be based on the consumption during the billing period. Formulas Gallons consumption x rate per 1,000 gallons 1,000 i i i PAGE 7 Afl nCalfe N! _J z Q _ BCSEDULE WCN COMMERCIAL/INDUSTRIAL WATER SERVICE NOT CONNECTED TO SEWER (Effective 10/01/93] APPLICATION Applicable to all commercial and industrial users, or other water users not otherwise classified under this ordinance. For all water provided at one point of delivery and measured through one meter where the metered water is not returned to the wastewater system for collection and treatment, i.e. water used in production or irriga- tion or where wastewater flow is measured separately. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with appli- cable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3/4" Meter $ 19.40 1" Meter $ 21.30 1-1/2" Meter $ 24.75 2" Meter $ 30.45 3" Meter $ 65.00 4" Meter $120.00 6" Meter $150.00 8" Meter $175.00 (2) Volume Charge $2.75 per 1,000 gallons MINIMUM BILLING: Facility Charge PAYMEN Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIJ All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 8 i1.';lYYA~ :A-erh~i~ ApnWlem~ PRORATION OF FA~L?TY CFLnRGES Billing for the Facility Charge shall be based on 12 billings annually. Formula. Actual dave in reading period x customer charge 30 days VOLUME CRAM Billing for the water consumption shall be based on the gallon consumption during the billing period. Formulas Gallons ons3mo_t~sci n x Rate per 1,000 gallons 1,000 PAGE 9 4gcadaNo 3436 A cidaGtem SCHEDULE WGI L40CA GOVERNMENT SPRINKLER IRRIGATION RATE (Effective 10/01/931 APPLICATION Applicable to sales of finished water for irrigation purposes to all local accounts supplied at one point of delivery and measured through one meter. hater will be provided on a non-interruptible basis or on an as available basis, interruptible as needed to meet peak require- ments. Not applicable to resale service in any event, nor to temporary, stand- by, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days (A) Meter Charge 3/4" Meter S 14.25 1" Motor $ 15.90 1-1/2" Meter $ 19.75 2" Meter S 26.75 3" Meter S 56.00 4" Meter $ 93.00 6" Meter $122.00 8" Meter $143.00 (2) Volume Charge interruptible $2.30 per 1,000 gallons Non-interruptible $2.70 per 1,000 gallons MINIMUM BILLINGS Facility Charge PST Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet custom- er's service requirements shall be provided subject to the special facilities rider. PAGE 10 I Agendatio //''ff Agvdaftert~~~ PRORATION OF FACILITY CHARGE Billings for the Facility Charge shall be based on 12 billings annually. Formula: Actual days in reading period x Facility Charge 30 VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption to be charged during the billing period. Formula: Gallons Consumption X Rate per 1,000 gallons 1,000 PAGE 11 Avnd3No 51.2 036 . rAY4g1 AgSndal~Em~P,.~` ~l SCHEDULE NMI WATER SALE FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS, AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENT EFFECTIVE PRIOR TO JUNE 1. 1986 (Effective 10-01-93] APPLICAT 0 Applicable to all water sales contracts with municipal corporations, water districts, or governmental entities made prior to June 1, 1986, for the purpose of providing water for resale to the public. Not applicable for temporary, standby, or supplementary service except in conjunction with applicable rider. MONTHLY CHARGES (1) Facility Charge $155.00 (2) Volume Rate $ 0.95 per 1,000 gallons (3) Demand Rate $233.04 per 1.000 oa lone 12 *ANNUAL CHARGE (4) Readiness to Serve Rate $ 0.4651 per 1,000 gallons BAs determined in the last month of each Contractual Water Year. The annual charge, if any, shall be included on the monthly bill- ing for the next July following the end of the Water Year for which it is charged, and shall be billed and be payable in accor- dance with the monthly billing provided for below. PAYMEN Denton shall render bills on the tenth (10th) day of each month. Bills shall be due and payable when rendered. Bills are considered delin- quent if not paid by the twenty-fifth (25th) day of the month. There shall be a five percent (5t) or five hundred dollar ($500.00) charge, whichever is less, added to the bill if not paid by the twenty-fifth (25th) of the month. PAGE 12 G:;a q _el BCSEDULE KW2 WATER SALES FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS, AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENT, AFTER JUNE 1. 1986 (Effective 10/01/93) APPLICATIO Applicable to all water sales contracts with municipal corporations, water districts, or governmental entities made on or after June 1, 1986, for the purpose of providing water for resale to the public. Not applicable for temporary, standby, or supplementary service except in conjunction with applicable rider. MONTHLY CHARGES (1) Facility Charge $190.00 (2) Volume Rate $ 0.95 per 1,000 gallons (3) Demand Rate $328.08 per 1.000 gallons 12 *MNUAL CHARGE (4) Readiness to Serve Rate $ 0.4651 per 1,000 gallons *As determined in the last month of each Contractual Water Year. The annual charge, if any, shall be included on the monthly bill- ing for the next July following the end of the Water Year for which it is charged, and shall be billed and be payable in accor- dance with the monthly billirg provided for below. PAYMENT Denton shall render bills on the tenth (10th) day of each month. Bills shall be due and payable when rendered. Sills are considered delin- quent if not paid by the twenty-fifth (25th) day of the month. There shall be a five percent (51) or five hundred dollar ($500.00) charge, whichever is less, added to the bill if not paid by the twenty-fifth (25th) of the month. If not paid by the last day of the month, there shall be additional interest charged on the unpaid balance, equal to the auction average rate quoted on a bank discount basis for a twenty- six (26) week treasury bill issued by the United States government, as published by the Federal Reserve, for the week prior to the date such bill or bills are delinquent, or ten percent (l0%), whichever is less. PAGE 13 AgePhNo_ SCHEDULE NO INTRA-GOVERNMENTAL SALES OF FINISHED WATER (Effective 10/01/93] APPLICATION Applicable to sales of finished water to all City of Denton Departments and accounts supplied at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to temporary, stand- by, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3/4" Meter $ 14.25 1" Meter $ 15.90 1-1/2" Meter $ 19,75 211 Meter $ 26.75 3" Meter $ 56.00 4" Meter $ 93.00 6" Meter $122.00 8" Meter $143.00 (2) Volume Charge $2.70 per 1,000 gallons MINIMUM BILLING: Facility Charge PAYMEN Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet custom- er's service requirements shall be provided ..bject to the special facilities rider. PAGE 14 I PGe A~ c, t n %e~ AgCndaNO Aacr,daIIemL-de5 ice' z PRORATION OF FACILITY CHARGE Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual days in reading od x Facility charge 30 days VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons Consumption x Rate per 1,000 gallons 1,000 PAGE 15 1 MIV M1L Agcn,a Mo 4~ Q~~ rr.r3 ~ 93 SCHEDULE RGA LOCAL GOVERNMENT WATER SERVICE FOR "ADOPT A SPOTII (Effective 10/01/931 APPLICATION Applicable to sales of finished water to all local government ac- counts supplied at one point of delivery and measured through a meter with a quick coupler and hose bib for the Keep Denton Beautiful Board's Adopt-A-Spot program. Not applicable to resale service in a,.y event, nor to temporary, standby, or supplementary service except in conjunction with appli- cable rider. NET ANNUAL RAT (1) Facility Charge Per Billing[ 3/4" Meter $ 9.15 1" Meter $10.95 1 1/2" Meter $15.60 2" Meter $17.40 (2) Volume Charge $2.70 per 1,000 Gallons MINIMUM BILLING: Facility Charge PAYMEN Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SP . IA FA T►.TTTFG All services which require special facilities in order to meet custom- er's service requirements shall be provided subject to the special facilities rider. FACILITY CHARGE Billing for the Facility Charge shall be based on three billings annually in the months of October, April and July. PAGE 16 Agenda No A~anda~tenL~~'~~2 f/ NO_9'/ - 3 VOLUME AR Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons Consumption X Rate per 1,000 gallons 10000 PAGE 17 Age9daNo..~ AgenQalSa S Date SCHEDULE WOU INTRA-GOVERNMENTAL SALES OF UNTREATED WATER (Effective 10/01/43) APPLICATION Applicable to all City of Deraton Departments and accounts for untreated water supplied at one point of delivery and measured through one meter. Not applicable for resale except in conjunction with applicable rider. NET MONTHLY RATS' (1) Facility charge $147.50 per 30 days (2) Volume charge 1.45 per 1,000 gallons MINIMUM BILLING Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet custom- er's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGE Billing for the Facility charge shall be based on 12 billings annually. Formula= Actual dAMJ n reading period x customer charge 30 days PAGE 18 N >".:L9 Y,~k'l1,iU I Agenda No Agendallsm~A,Z. ,f VQTXMF CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Ga11onjLonsumoti on 1,0_C00 x Rate per 1,000 gallons I PAGE 29 ,en:i,~fto• ~ ;aca~tem o~ SCHEDULE NFU METES WATER FROM FIRE HYDRANT (Effective 10/01/931 APP ICATION Applicable for all water taken through a fire hydrant or other di- rect distribution line source at use not associated with fire n fighting. n for private or commer- cial $650.00 User drantsmeter(s) cneeded. Deposit will be returned when meteris re- turned and final bill is paid. NET RATE Volume Charges $2.75 per 1,000 gallons Monthly volume shall be computed by subtracting the beginning meter reading from the ending meter reading divided by 1,000, and multiplied ties the volucharge, upon the monthly return of the motor Water Department for reading. EMILITY CHARGE $31.20 per 30 days ruemarts2I0N CHARGE $52.00 per meter per installation MOW Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 20 rn.v M !J ACrxdaND_ aq{[ Apdalfe H of / SCHEDULE WRE OUTSIDE CORPORATE LIMITS RESIDENTIAL WAT'8R SERVICE [Effective 10/01/93] APPLICATION Applicable for single family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than four units outside the corporate limits of the City of Denton. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3/4" Meter $11.15 1" Meter $12.60 1-1/2" Meter $17.90 2" Meter $20.00 (2) Volume Charge Rate Per 1.000 Gallons RATE_BIACK PER 30 DAYS WINTER SUXMEB Billing months Billing months NOV. through APRIL MAY through OCT. 0-15,000 gals $2.95 $2.95 15,001-30,000 gals $2.95 $4.00 Over 30,000 gals $2.95 $5.00 MINIMUM BILLINGt Facility Charge PAYMEN Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL, FACILITIES All services which require special facilities in order to meet customers service requirements shall be provided subject to the special facilities rider. PAGE 21 (~OndeNo r AgeaaalteM,- N PRORATION OF FACILITY CHARGE Billing for the Facility charge shall be based on 12 billings annually. Formula: ~~~at 1 days in reading period x customer charge 30 days VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: r3allons in Rate Block x Rate per 1,000 Gallons in Rate 1,000 Mock PAGE 22 kgenda rto A odalIert~. e-A 49 A a3 SCHEDULE WCn OUTSIDE CORPORATE LIMITS COMMERCIAL 6 INDUSTRIAL WATER SERVICE (Effective 10/01/93) APPLICATION Applicable for all commercial and industrial users or other users not otherwise classified under this ordinance outside of the cor- porate limits of the City of Denton for all water service provided at one point of delivery and measured through one meter. Not applicable to temporary, standby or supplementary service, except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3/4" Meter $ 20.00 1" Meter $ 22.00 . 1-1/2" Meter $ 28.00 2" Meter $ 32.00 3" Meter $ 87.90 4" Meter $147.40 6" Meter $188.90 8" Meter $214.05 (2) Volume Charge $3.15 per 1,000 gallons MINIMUM BILLIN91 Facility Charge EAYMEN Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to most customer's service requirements shall be provided subject to the special facilities rider. PAGE 23 Annp~aCalle9m ~~~/'wJr~~/~ Y-A PRORATION OF FACILITY Billing for the Facility Charge shall be based on 12 billings annually. Formulas axyal days 300ndays dina period x customer charge VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formulas Gallons Copsunction x Rate per 1,000 gallons 1,000 PAGE 24 Aa~ndait2 ~S ~ ff c~;s 9- NATI Tx? tlHt-1!2qp PERO [Effective 10/01/93) APPLICATION This schedule applies to the installation, removal, or relocation of water taps and loops by the City of Denton Utility department at the request of a person, firm, association or corporation. TAPS LOOP FEES Any person, association of persons, or corporation that requests that a water main tap, water meter loop, be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: MIR TAPS WITH L QP Size of Tan and Meter Payed Etr et Unpaved Street i 815.00 $ 415.00 3/4 inch $ 865.00 $ 450.00 1 1/2 inch $10100.00 $ 730.00 2 inch $1,230.00 $ 815.00 ~~,$_TAP ITHOUT LOOP size o-.1 Tao &Lld Meter Paved Street unpaved Stre qt 2 inch $ 840.00 $ 415.00 WATER L40PS Size Of loop 3/4 inch $ 245.00 1 inch $ 285.00 1 1/2 inch $ 415.00 MEEIER RELOCATIONS Size of Tay and Meter 8QL0*~°^ of l0 Feet or Less 3/4 inch $ $2.00 1 inch $ 78.00 1 1/2 inch $ 78.00 2 inch S 105.00 PAGE 25 csr re W~ ri r a Ayidalte 'e~ LL.~f aG ~O~r FEES FOR INSTALLATION NOT LISTED For installation of a tap or loop for which a fee is not specified, the requestor shall pay in advance a deposit based Upon t estimated cost of such installation, or similar work, plus an administration charge of 201. Upon completion of the installation or similar work requested, the applicant shall be billed at actual plus cost, as determined by the Utility Department, administrative charge. Any excess deposit shall be refunded to the applicant. The installation charges may be waived by the Utility department for a request to install taps exclusively dedicated to fire sprinkler systems. PAGE 26 AOordaNo_~.~ Agvdaliem ACS 04 r~DRPTLL FACILITIES RIDEB Ali service shall be offered from available facilities. If a customer service characteristic requires facilities and devices which are not normally and readily available at the location at which the customer requests service, then the City shall provide the service subject to paragraph 2 of this schedule. The total cost of all facilities required to meet the customer's load characteristics which are incurred by the City shall be subject to a special contract entered into between the City and the custom- to sthe hall be signed by both parties prior to the City providing er contrservice act I PAGE 27 .v, ae<a .5 YIF <u-<.: fj bordaNo Agcndalte~ 6/f U3~~ g .CTION II. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application or circumstances is held invalid by any court thereof to any person valid- fect the such holding shall not of • indiction of competent jur ity 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. ~FCTION III. That the Schedule of Rates herein adopted shall be effective, charged and applied to all water consumption occurring on or after October 1, 1993. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BYI ( t t.. oL1`- 1 I PAGE 28 0:\wpdocI\ord\wra t0 3 -03 / D& ORDINANCE NO. AN ORDINANCE OF THE CITY OF RATES FOR WASTEWATER SERVICE: AND r PROTEXASj VIDINGM FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-1. That the Rate Schedules for wastewater service as provided for in chapter 26 of the Code of ordinances, are amended to read as follows: WASTEWATER RATE SCHEDULES PAGE SR Residential Wastewater Service 2 SC Regular Commercial industrial Wastewater Service 4 SEP Restaurants 6 Food Service Wastewater Service 6 SES Equipment Services Wastewater Service 9 SPT Commercial/Industrial Pretreatment Wastewater Services 12 SCD Commercial/Industrial Wastewater Service with 14 Dedicated Water Meters SSC Wholesa;e Wastewater Treatment Service for a 15 Governoental Agency, Division or Subdivision SG Intragoverazental Wastewater Service 18 SGE Sale of Treated Wastewater Effluent to winicipal 20 Utility Customers SM Metered Wastewater Inside/Outside Corporate Limits 21 SRW Residential Wastewater Service to Users outside 23 of Denton Corporate Limits with City of Denton Water Service SRN Residential Wastewater Service to Users without 25 City of Denton Water Service SCN Commercial/Industrial Wastewater Service to Users 26 without City of Denton Water Service SCW Commercial/industrial Wastewater Service Outside the City of Denton Corporate Limits with city of 28 Denton Water Service Wastewater Tap Fees 30 Speoial Facilities Rider 31 I I s 3 i n SCHEDULE OR RESIDENTIAL WASTEWATER SERVICE, (Effective 10/01/93) APPLICATION Applicable for single family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than four (4) units. Not applicable for sub-billing or other utility billing by service user in any event. NET MONTHLY RATE (1) Facility Charge $5.65/30 days (2) Volume Charge $2.15/1,000 gallons effluent Monthly billings shall be calculated by using ninety-eight percent (983) of water consumption for the month as determined herein, up to a maximum of thirty thousand (30,000) gallons per 30 days. Monthly billings for the months of December through February shall be based on 983 of actual water consumption up to a maximum of 30,000 gallons per 30 days. Monthly billings for the months of March through November shall be based on an average daily usage for the preceding months of December through February, or 983 of actual water consumption, whichever is less. Any customer that was not billed at the current service address through the preceding months of December through February shall be billed at 983 of the customer's actual water consumption for the months March through November, or 983 of 10,000 gallons per 30 days, whichever is less. MINIMUM BILLING Facility Charge $5.65/30 days PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGE Billing for the Facility charge shall be based on 12 billings annually. Page 2 Ag erd,NO ~ytrdaliem Formula: Actual days in reading period x customer charge 30 days VOLUME CHARGE Billing for the wastewater volume for the consumption months of December through February shall be based on the wastewater volume calculated from actual water consumption. Formula: Actual water volume x-.98 x Rate per 1,000 gallons 1000 Billing for the wastewater volume for the months of March through November shall be based on the average wastewater vo?.ume calculated during the consumption months of December through February, or 98% of actual water consumption, whichever is less. Formula: Average water volume x .98 x Rate per 1,000 gallons 1000 if the customer did not have water service during the preceding December through February time period, billing for the period March through November will be based on 98% of actual water consumption or 98% of 10,000 gallons, whichever is less. Page 3 y Agenda No ~r3 -p LG l9y~•...r/~~ SCHEDULE 8C COMMERCIAL AND INDUSTRIAL WASTEWATER SERVICE (Effective 10/01/931 REGULAR COMERCIAL APPLICATION Applicable to all commercial and industrial wastewater service users and to all wastewater service users not otherwise classified under SEP, SES, SPT, SCD, SM or SCN listed herein. NET MONTHLY RATE (1) Facility charge $14.70/30 days (2) Volume Charge $2.80/1,000 gallons effluent Billing based on eighty (80%) percent of monthly water consumption. MINIMUM BILLING $14.70/30 days Plus the appropriate Pretreatment/Program charge if applicable. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACI M rHARGE Billings for the Facility Charge shall be based on 12 billings annually. Formula: Actual days in reading period 30 days x customer charge VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Page 4 f Agen~taNo -036 Agendalfe LJ~ Formula: Hater volume x .8 1000 x Rate per 1,400 gallons !a Page 5 Agenda No Apdaltenl. - ~2 r ti ;3.~SC=1/~/~ SCHEDULE SEP ~P STAURANTS & FOOD SERVICE WASTEWATER SERVIC RE E (Effective 10/01/933 APPLICATION Applicable to all restaurants and food service operations which prepare and serve food directly to customers and are categorized by Standard Industrial Code Numbers 5812 or 5513. NET ONTHL RATE (1) Facility Charge $14.70/30 days (2) Volume Charge $3.85/1,000 gallons effluent Billing based on eighty (803) percent of monthly water consumption. SAMPLING/ANALYSIS CHARGE Sampling Charge $35.00/each Analysis Charge $15.00/test SEP EXEMPTIONS if r only the SEP pre-processed foods eare (1) ate Customers served from their performed on the premises premises so that only minimal organic material is discharged to the sanitary sewer. The exemption for the SEP class shall be determined by the City of Denton Environmental Health Services Food Inspection Division. (2) Customers plus the applicable industrial b surcha rge ife rate the customer: (a) Installs a wastewater sampling manhole on the sanitary sewer discharge line; (b) Agrees to pay for the City to sample and analyze, quarterly, the wastewater discharge Dor he fol- lowing: Biochemical oxygen Suspended Solids (TSS), and Fats, Oils and Grease (FOG), based on the actual costs: and (c) Agrees to pay, based on the industrial surcharge formula, a surcharge on all wastewater discharged that is in excess of 500 mg/1 of BOD an 550 Tin as determined by the monitoring performed Section 2(b). Page 6 MlNIMM BILUN-c- $14.70/30 days INDUSTRIAL SURCHARGE The industrial surcharge calculation that applies to restaurant and food services claiming the SEP exemption shall to based on the following formula: Surcharge Unit Cost Factor $0.00207/mg/l of Biochemical Oxygen Demand (BOD) $0.00257/mg/l of Total Suspended Solids (TSS) Cu=Vu ((Bu-500] B + (Su-5501 SI) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Bu is the tested BOD level for user X or 500 mg/1, whichever is greater. B is the unit cast factor for treating one unit of BOD per 1,000 gallons. Su is the tested TSS level for user X or 550 mg/1, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. PAYMEN Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACTLITICs All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACI •ITY CHARGE Billings for the Facility Charge shall be based on 12 billings annually. Formula: Actual days in reading, period x custoner charge 30 days Page 7 naendaNo A~eada~tem VOWME CHARGE //aye Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume x .8 x Rate per 1,000 gallons 1000 I Page 8 A~sndalte ~ SCHEDULE BEB AY EQUIPMENT SERVICES WASTEWATER SERVICE 7 (Effective 10/01/93) APPLICATION Applicable to establishments which perform washing, cleaning or servicing of automobiles, trucks, busses or similar equipment and are categorized by Standard Industrial Code Numbers 5541, 7549 or 7542. NET MONTHLY RATE (1) Facility Charge $14.70/30 days (2) Volume Charge $3.85/1,000 gallons effluent Billing based on eighty (801) percent of monthly water consumption. (3) Pretreatment/Program Charge Categorical (30 days) $315.00 Noncategorical (30 days) $ 42.00 The appropriate Pretreatment/Program charge will be applied if the customer qualifies as either categorical or noncategorical. These charges are not to be applied if the customer is not designated as either a categorical or noncategorical customer. SAMPLING/ANALYSIS CHARGE (1) Sampling Charge $35.00/each (2) Analysis Charge $15.00/test SES EXEMPTIONS Customers under the SES rates shall be charged the SC rate plus the Applicable industrial surcharge if the customer: (a) Installs a wastewater sampling manhole on the sanitary sewer discharge line; (b) Agrees to pay for the city to sample and analyze, quarterly, the wastewater discharge for the following: Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and Fats, Oils and Grease (FOG), based on the actual costs; and Page 9 ~g2~daPto. ~1~ D~ Aycnda~ter►Z,.~. J....~-t (c) Agrees to pay, based on the industrial surcharg formula, a surcharge on all wastewater discharged that 4 is in excess of 500 mg/l of BOD and 600 TSS as deter- mined by the monitoring performed in paragraph 2(b) of this section. MINIMUM BILLING $14.70/30 days Plus the appropriate Pretreatment/ Program charge if applicable. INDUSTRIAL SURCHARGE The industrial surcharge calculation that applies to equipment services claiming the SES exemption shall be based on the following formula: Surcharge Unit Cost Factor $0.00207/mg/l of Biochemical Oxygen DeMZTd (BOD) $0.00257/mg/l of Total Suspended Solids (TSS) Cu=Vu ([Bu-500] B + (Su-600] S]) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Bu is the tested BOD level for user X or 500 mg/l, whichever is greater. B is the unit cost factor for treating one unit of BOD per 1,000 gallons. Su is the tested TSS level for user X or 600 mg/l, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. Page 10 9 idaltvj /I Or 17- PgQRATioN TION OF FACILITY CHARGE Billings for the Facility Charge shall be based on 12 billin s annually. Formula: Actual days in read na period x customer charge 30 days VOLJME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: vp1' Velu+_*°- 1,- .8 x Rate per 1,000 gallons 1000 i Page 11 SCHEDULE SPT /J COMMg AL/IN USTRIAL PRETREA003 WASTEWATER SERVI [Effective 10 of 93) APPLIC TQti Applicable to all major commercial and industrial customers subject to EPA Pretreatment criteria or such ch other, commercial and industr - that ter ora the r y of discharging extra al customers I which may have substances their stre gth wastewa which are listed on EPA's categorical pollutant list. N-ET unxTHLY C ARG (1) Facility Charge $14.70/30 days (2) Pretreatment/Program Charge a. Categorical $342,00/30 days b. Noncategorical $ (3) Volume Charge $2.80/1,000 gallons effluent Billing shall be based on 80% of water consumption or 300% actual metered wastewater. ShMPLING/ C G charge (each) $35.00 Sampling Analysis charge (Per test) $15.00 ~kSTRIAL MCHARG£ In addition to the above charges for c m ea a a anbased d induos, rise services, a wastewater surcharge may following formula% Surcharge Unit Cost Factor $0.00207/mg/1 of Biochemical oxygen Demand (SOD) $0.00257/mg/l of Total suspended Solids (TSS) cu=Vu ([Bu-250] B + [Su-250) S)) Where; Cu is the surcharge for user X. gallons for Vu is the billing volume per 1000 g user X. Bu is h tested Bo greater for user X or 250 mg/1 , whichever is B is the unit cost factor for treating one unit Page 12 J R agoadaN0 ~ age dab [V a of BOD per 1,000 gallons. Su is the tested TSS level for user X or 2 0 mg/1, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. I MINIMUM BILLING $379.70/30 days categorical 56.70/30 days Non-Categorical PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGE 6 PRETREATMENT/PROGRAM CHARGE Billings for the Facility Charge and pretreatment/program charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge 30 days VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Tester volume x .8 x Rate per 1,000 gallons 1000 or Wastewater volume x Rate per 1,000 gallons 1,000 Page 13 SCHEDULE BCD COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE WITH DEDICATED WATER METERS (Effective 10/01/931 ' APPLICATION Applicable to all commercial and industrial wastewater service users and to all wastewater service users not otherwise classified under this ordinance whose wastewater is measured by a meter dedicated to water which is returned into the wastewater collection and treatment system. Not applicable for sub-billing or other utility billing by service user in any event. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Dave 3/4" Meter $ 20.85 1" Meter $ 22.90 1-1/2" Meter $ 26.55 2" Meter $ 32.60 3" Meter $ 68.00 4" Meter $124.50 6" Meter $158.00 8" Meter $186.00 (2) Volume Charge $2.80/1,000 gallon effluent Billing based on ninety-eight (9s%) percent of monthly water flow. ~7►xp[.~YA_NALYS7S CHARGE Sampling Charge (each) $35.00 Analysis Charge (per test) $15.00 INDUSTRIAL SURCHARGE In addition to the above charges for commercial and industrial services, a wastewater surcharge may be added based on the following formulas Surcharge Unit Cost Factor $0.00207/mOg/l ofDBioche ical $0.00257/m/lof (Ttal Suspended S Cu=Vu ([$u-250] B + [Su-250] S)) Page 14 c/ - 6 Where: Cu is the surcharge for user X. A9 Vu llin volume per 1000 gallons fo~ is the bi g user X. Bu is the tested BOD level for user X or 250 mg/l, whichever is greater. B is the unit cost factor for treating one unit of BOD per 1,000 gallons. Su is the tested TSS level for user X or 250 mg/l, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. KTNTMIfb[ BILLING $20.85/30 days Biillis~are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All custoneris eservice which requirements special subjects tomthe special facilities rider. PRORATION OF F CIA ITY SHMU Billing for the Facility Charge shall be based on 12 billings annually. Formula: Actual days in rpadina period x customer charge 30 days VOTA E CHARGE Billing for the wastewater volume shall ased on the wastewater volume calculated during the billing period. Formula: Water volume x X98 x Rate per 1,000 gallons 1000 Page 15 SCHEDULE SSC WHOLESALE WASTEWATER TREATMENT SERVICE ~FORoTA GOVERNMENTAL AGENCY DIVISION OR SUBD [Effective 10-01-93] LE CATION Applicable to any municipal corporation, or other governmental contracts operates a system and agency service. NET MONTHLY RA_T (1) Facility charge $75.00/30 days (2) Pretreatment/Program Charge a. Categorical $365.00/30 days b. Noncategorical $ 42.00/30 days (2) Volume Charge $1.85/1,000 gallon of effluent Billing shall be based on one-hundred (1004) percent of actual gallons measured. SAMPLING_/ANALYSIS CHARGE Sampling Charge (each) $35.00 Analysis Charge (per test) $15.00 MINI M<rM BILLING $440.00/30 days Categorical $117.00/30 days Noncategorical INDD STRIAL• sttRS}LARGE in addition to the above charges for commercial and industrial services, a wastewater surcharge may be added based on the following formula: Surcharge Unit Cost Factor $0.00207/0 /l o fDBioche ica Total Suspended 57/mg/ I of S) S Cu-Vu ([Bu-250] B + [SU-250] S]) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Page 16 i A : ca tem_ S~L Bu is the tested DOD level for user X or 250~~ mg/1, whichever is greater. (J{ B is the unit cost factor for treating one unit of BOD per 1,000 gallons. Su is the tested TSS level for user X or 250 mg/l, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. PAYMEN Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually. Formula: Actual days in reading period x customer charge 30 days VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Wastewater volume x Rate per 1,000 gallons 1000 EFFECTIVE DATE The charges stated herein shall be applied to all wastewater services provided on or after October 10 1993. Page 17 r ry,.~atan,_ Y- V, Vzl SCHEDULE 80 INTRA-GOVERNMENTAL WASTEWATER SERVICE Q (Effective 10/01/93] APPLICATION Applicable to all City of Denton Departments and agencies for all wastewater service. NET MONTHLY RATE (1) Facility Charge $14.70/30 days (2) Volume Charge $2.45/1,000 gallons effluent Billing shall be based on eighty (801) percent of water consump- tion. INDUSTRIAL SJJBCHARGE rn addition to the above charges for commercial and industrial services, a wastewater surcharge may be added based on the following formula: Surcharge Unit Cost Factor $0.00207/mg/1 of Biochemical Oxygen Demand (BOD) $0.00257/mg/1 of Total Suspended Solids (TSS) Cu=Vu ((Bu-250) B + (Su-250] S]) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Su is the tested BOD level for user X or 250 mg/1, whichever is greater. B is the unit cost factor for treating one unit of DOD per 11000 gallons. Su is the tested TSS level for user X or 250 mg/1, whichever is greater. S is the unit coat factor for treating one unit of TSS per 1,000 gallons. MINIMUM BILLING $13.00/30 days Page 18 t r Agenda No ..1jIc&fj(Q. AguadaflerrL_ O: /C~r PAYME~ Ckite Bills are due when rendered, and become past due if not paid w in /wh 15 calendar days from date of issuance. UxQAL• FACI ITIE All services which require special facilities in order to meet customer's service requiremEnts shall be provided subject to the special facilities rider. PRORATION OF FA IL TV C MM Billing for the Facility charge shall be based on 12 billings annually. Formula: Actual dava in reA~+~~~ ~e--+-~ 30 days x customer charge VOLUME C AR . Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formular Water volume x 8 1000 x Rate per 1,000 gallons Page 19 dJ$ SCHEDULE SOB SALE OF TREATED WASTEWATER EFFLUENT TO MUNICIPAL UTILITY CUSTOMERS (Effective 10/1/93) APPLICATION Applicable on sales of treated wastewater effluent to any municipal utility. Not available for resale in any event. NET MONTHLY RATE (1) Facility Charge $100.00/30 days (2) Volume Charge $1.10/1,000 gallons effluent MINIMUM BILLING $100.00/30 days PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGE Billing for the Facility charge shall be based on 12 billings an- nually and shall be prorated based on the following formula: Formula: Actual days in reading fleriod x customer charge 30 days VOLUME CHARGE Billing for the wastewater volume shall be based on the effluent volume calculated during the billing period. Formula: Effluent volume x Rate per 1,000 gallons 1000 Page 20 y SCHEDULE SK ri METERED WASTEWATER INSIMOMID£ CORPORATE LIMITS [Effective 10/01/931 APPLICATION Applicable to any wastewater service customer desiring to meter all wastewater discharge from a single customer location and not otherwise classified under this ordinance. NET MONTHLY RATE (Inside Corporate (Outside Limits-j_, Corporate Limital (1) Facility Charge $182.00/30 days $210.00/30 days (2) Volume Charge $2.80/1,000 gals $3.20/1000 gals discharge discharge (3) Pretreatment/Program Charge Categorical (30 days) $365.00 Noncategorical (30 days) S 42.00 The appropriate Pretreatment/Program charge will be applied if the customer qualifies as either categorical or noncategorical classification. The categorical and noncategorical classifications are not bound by corporate limits. These charges are not to be applied if the customer is not designated as either a categorical or noncategorical customer. SAMPLING/ANALYSIS CHARGE Sampling charge (each) $35.00 Analysis charge (per test) $15.00 INDUSTRIAL SURCHARGE In addition to the above charges for commercial and industrial services, a wastewater surcharge may be added based on the following formula: Surcharge Unit Cost Factor $0.00207/mg/l of Biochemical Oxygen Demand (BOD) Surcharge unit cost Factor $0.00257/mg/l of Total Suspended Solids (TSS) Cu=Vu ([Bu-250] B + [Su-250) S]) Page 21 where: Cu is the surcharge for user X. o~ Vu is the billing volume per 1000 gallons fo :x user X. Bu is the tested BOD level for user X or 250 mg/1, whichever is greater. B is the unit cost factor for treating one unit of BOD per 1,000 gallons. Su is the tested TSS level for user X or 250 mg/l, whichever is greater. S is the unit cost factor for treating one unit of TSS per 1,000 gallons. MINIMUM BILLING (Within corporate rort Limiter) Limits)- ~ orate $182.00/30 days $210.00/30 days Plus the appropriate Pretreatment/Program charge if applicable. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGE Billing for the Facility charge shall be based on 12 billings an- nually. Formula: actual days in 3 readina period x customer charge 0 bays VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Wastewater volume-- x Rate per 1,000 gallons 1000 Page 22 l sCgEDULe SRN RESIDENTIAL WASTEWATER SERVICE TO USERS OUTSIDE CITY OFF DDENTON CORPORATE LIMITS WITH [Effective 10/01/931 1NPP1i ATION individu- Applicable for single family residential sewer customers, ally metered apartments or mobile homes 0 f thetcorporateflimitsiOf an four (4) units outside o water from the City of the with leCityss of f Denton and also receiving Denton. " uni RO RATS. (1) Facility Charge $6.50/30 days (2) Volume Charge $2.50/1,000 gallon effluent Monthly biiltngs shall be Calculated by using ninety-eight percent (981) of vater consumption for the month as determined here shall be to a based on maximum 981 of of thirty actual thousand (30,000) gallons per 30 days- Monthly billings for the months of December througLoFea maximum of March on up 30,000 gallons per 30 days. Monthly billings for the months of March through November shall be based on an average daily usage for the preceding months of December through February, or 981 of actual customer that was not. water consumption, whichever is less. Any months billed at the current service address through the preceding m m the of December through February shall be billed at 98% of whichever is less. customer's 981 of IOQ 000 gallonsopero30 y+months March throng November, , or $6.50/30 days khmw Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. aWT Sk1&UL_U= All services which require special facilities i subjr ttomeet cuotomer's service requirements shall be provided special facilities rider. non4sTiON OF Fsc^TT ITY CHP?i4Fi Billing for the Facility Charge shall be based on 12bllins an- nually and shall be prorated based on the following formula: Page 23 ACe~drtNo~.Q -0.96 Agefldalterti Formula: Gale- Actual days30ndaedina p rinA x customer charge a~ Ys VOL?►P!£ CHU" Billing for the wastewater volume for the consumption months of December through February shall be based on the wastewater volume calculated from actual water consumption. Formula: Actual water volume -x .98 X Rate per 1,000 gallons 1000 Billing for the wastewater volume for tho months of March through November shall be based on the average wastewater volume calculated during the consumption months of December through February, or 98t of actual water consumption, whichever is less. Formula: Average water volume 98 1000 x Rate per 1,000 gallons If the customer did not have water service during the preceding December through March time period, billing for the period March through November will be based on 98% of actual water consumption or 98t of 10,000 gallons, whichever is less. Page 24 ACendaNo~.1 ~ Agendalt". -C, Date :L~_! `J _ SCHEDULE SRN RESIDENTIAL WASTEWATER SERVICE TO USERS WITHOUT CITY OF DENTON WATER SERVI~ [Effective 10/01/931 ApPLIM= Applicable for single family residential service and individually service. less metered that apartments four (4) units, mobile wi without multi-family water facilities WET MONTHLY RATE (Inside Corporate (outside Corporate Limits) (1) Facility Charge $5.65/30 days $6.50/30 days (2) Volume Charge $2.15/1,000 gals $2.50/1,000 gals Minimum volume charge will be for four thousand (4,000) gallons per month. MINIMUM BILLING (a) $14.25 Per 30 Days per resident unit inside City limits (b) $16.50 Per 30 days per resident unit outside City limits EAYMEHT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS Billing annually f and shall a be Facility based shall the following formula: Formulas dual days in reading-9-u10 x customer charge 30 days Billing for the wastewater volume shabe based on wastewater volume calculated during the billing period. Formula., Average water volume x .9~ x Rate per 1,000 gallons 1,000 Page 25 i Agenda Mo ~ ~ Apeada!tem_..~. SCHEDULE 8CN Date 41- - o?-f/ COMMERCIAL/IH^')STRIAL WASTEWATER SERVICE TO USERS WITHOUT ir/ MITI' OF DENTON WA'T'ER SERVICE (Effective 10/01/931 APPLICATION Applicable to all commercial/industrial facilities not also receiving metered water service from the City of Denton, including sub-divisions, for apartments, mobile home parks, or other com- mercial/industrial users. The monthly charge for apartments and mobile home parks shall be based on the maximum number of units served during the month. Other commercial/ industrial users will be billed on a case by case basis. NET MONTHLY U$ inside Corporate outside Corpo- Limits rate Limits (1) Facility Charge $ 14.70/30 days $16.30/30 days (2) Volume Charge $ 2.80/10000 gals $3.20/1,000 gals Minimum volume charge will be for four thousand (4,000) gallons per month. MINIMUM BILLING (a) $25.90 per 30 days per unit inside the City limits. (b) $29.10 per. 30 days per unit outside `%i City limits. PAYMEIiT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which req+jire special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based upon the following formulas Formulas Actual days in reading period x customer charge 30 days Page 26 M'rhr:xC ArdaNo ' ApendaNertl~ ~ Date Billing for the wastewater volume shall be based on the wastewetero2 volume calculated during the billing period. Formulas Igulated Wastewater volume x Ratc per 1,000 gallons 1,000 Page 27 menda~lent.~~ SCHEDULE SCI COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE OUTSIDE CITY OF D£NTON CORPORATE `LIME TS W~M ^(EffectiveTlO/O1/T9~3~) nu mTION not industrial or any other facilit limits Applicable to all c0mmeroial, outside inance otherwise co of ed under tand hi xeceivinq watgrand wa tewater corporate service of the City Of Denton. from the City U MONTt ILY-Am (1) Facility charge $16.30/30 days Volume Charge $3.20/1,000 gallons effluent (2) onthly water consumpti Billing based on eighty (80%) percent of mon. cAK~ LI~1a~I~s`F` (each) $35.00 Sampling charge ( test) $15.00 Analysis charge (per MI TRIAaMCA ' industrial In addition to the above charges may for be commercial added and based on the services, a wastewater surcharge following formulas Surcharge Unit Cost Factor $0.00207/mg of Biochemical oxygen Demand (BOD) $0.00257/mg/lot Total Suspended Solids (TSS) Cu-Vu ([Bu-2501 8 + (Su-250) S)) Wherw Cu is the surcharge for user X. gallons for Vu is the billing volume per 1000 user X. reater.or user X or 250 Bu is the es whichever d BOD glevel mg/ B is the unit cost factor for treating one unit BOD per 110o0 gallons. Su is the tested TSS level for user X or 250 mg/1, whichever is grerter. Page 28 Agenda No_ _!.?S_~~ Y Agendalt Date S is the unit cost factor for treeting one uni of TSS per 1,000 gallons, MINIKO BILLING $16.30/30 days PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require speoial facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGES Billing for the Facility charge shall be based on 12 billings annually and shall be prorated based on the following formulas Formulas Actual days in reading period x customer charge 30 days VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formulas Mater volume x _f x Rate per 1,000 gallons 1,000 Page 29 f ApendaNo AvMafietrlr..... Date AASTEWASR TAP iM ,3'O TTI (Effective 10/01/93) &M-ICATION This schedule applies to the installation, removal, or relocation of wastewater taps by the City of Denton Utility Department at the request of a person, firm, association or corporation. TAP FEES Any person, association of persons, or corporation that requests a wastewater main tap be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees: WASTEWATER TAPS WITH CLEAHOUT Size of Tao Paved Street Unpaved Street 4 in.h $740.00 $350.00 6 inch 765.00 375.00 8 inch 805.00 415.00 10 inch 870.00 450.00 FEES FOR INSTALLATIONS NOT LISTEQ For installation of a tap for which a fee is not speet.fied, the requestor shall pay in alliance a deposit based upon the estimated cost of such installation, or similar work, plus an administration charge of 20%. Upon completion of the installation or similar work requested, the customer shall be billed at actual cost, as determined by the Utility Department, plus a 20% administrative charge. Any excess deposit shall be refunded to the customer. Page 30 x _ Agenda % Agenda1te~, SPECIAL PACILITIES RIDI`$ Q31e (1) All service shall be offered from available facilities. a customer service characteristic requires facilities and devices which are not normally and readily available at the location which the customer requests service, then the City shall provide the service subject to paragraph 2 of this schedule. (2) The total cost of all facilities reburied to meet the customer's load characteristics which are incurred by the City shall be subject to a special contract entered into between the Utility and the customer. This contract shall be signed by both parties prior to the City providing service to the customer. SECTION,yj. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent Jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Counoil of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III, That the Schedule of Rates herein adopted shall be effective, charged and applied to all wastewater service ac- cruinq an or after October 1, 19930 and a copy of said rates shall be maintained on file in the Office of the City Secretary. PASSED AND APPROVED this tho day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: r _ APPROVED AS TO LEGAL FORM: D~ BRA A. DRAYOVITCH, CITY ATTORNEY Page 31 I M l f t \11PDDCS\OND\fOl ~ DkA S W&NO ' d AWS1 ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON AMENDING RATES FOR RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTONI ESTABLISHING RATEF FOR EXCESS YARD WASTE COLLECTION, APPLIANCE COL- LECTION, CARDBOARD RECYCLING AND CHARGES FOR SPECIAL COLLECTION; AMENDING RATES CHARGED FOR THE USE OF THE C'lYIS SANITARY LANDFILL; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That the charges for solid waste collection services as authorized by Section 24-42(b) of Article 11, Section 24-66 of Article III and Section 24-4 of Article I of Chapter 24 of the Code of ordinances are hereby established as followsi SOLID WASTE RATE SCHEDULES no SWR Residential Solid Waste Collection service 2 SWC Commercial and Institutional Solid Waste Collection Service 3 SWL Sanitary Landfill Use 7 SWY Comm.arcial and Institutional Recycling Service 9 I i ~endaYo 1 ~ 9 Otte nAM121f /D 6~~ SCHEDULE SWR RESIDENTIAL SOLID WASTE FQLL•EOTIQN SERVICE W "U= Applicable to services Individual n family a unit family includes each solid side waste of collection a duplexeach living unit per subdivided lot, and any unit or living space in which a person or single family resides. MONTH •Y ATE Effective October 1, 1993, $10.80 per 30 days SURCN M (State of Texas statutory charge for landfill use) $0.35 per 30 days The surcharge referenced above is hereby authorized to be remitted to the state as required by law. MINIEM-auji iSi Effective October 11 1993, $11.15 per 30 days OTHER CHARGES Effective January 1, 1994, the charge for the collection of grass clippings and leaves in excess of 6 bags per week (one cubic yard) will bn fifty cents ($0.50) per bag. Effective January 1, 1944, the charge for the collection of brush and tree limbs in excess of 1 cubic yard will be $4.00 per cubic yard collected per week. One cubic yard of brush has the dimensions of three feet by three feet by four feet. A charge for the collection of appliances will be at $10 per appliance. PAGE 2 i ApandaNO - 1 . Agendaft Date ~ 2 l4 SCHEDULE ONO COMMERCIALLINSTITUTTONAL SOLID WASTE COLLECTION (Effective 10/01/93) APPLICATIQji Applicable for all commeraial or institutional solid waste collection service. MONTHLY RATE A. DUMPSTERS (Regular Service) 1. 2 YARD DUMPSTER Number of Times cubic Yards Cubic Yards Rate Per Collected Per Week Per Week kgr Month, 30 Davs 1 2 8 $ 20.25 2 4 16 32.50 3 6 24 48.50 4 8 32 62.50 5 10 40 79.00 6 12 48 92.00 7 14 56 107.00 2. 3 YARD DUMPSTEI Number of Times Cubic Yard Cubic Yards Rate Per =.ected Per Week Per week Per Month 3_0 Days 1 3 12 $ 25.25 2 6 24 45.60 3 9 27 65.70 4 12 48 86.40 5 15 60 107.25 6 18 72 127.80 7 21 84 148.05 PAGE 3 i AOendaNo_ AgendaltenL_ Date /d 3. 4 YARD DUMPSTER Number of Times Cubic Yards Cubic Yards Fate per Collected per Wg@]~ Per We@~_ Per Month 30 Days 1 4 16 $ 3L00 2 8 32 59.20 3 12 48 86.40 4 16 64 1]2.00 5 20 80 139.00 6 24 96 165.60 7 28 112 191,80 4. 6 YARD DUMPSTER Number of Times Cubic Yards Cubic Yards Rate Per collected Per Week Per Week Per Month 30 Days 1 6 24 $ 44.50 2 12 48 82.00 3 18 72 121.00 4 24 96 160.00 5 30 120 198.00 6 36 144 242.00 7 42 168 277.20 5. 8 YARD DUMPSTER Number of Times Cubic Yards Cubic Yards rate per Collected Per Week per Week RqLj0MtjL_ h 30 Das 1 8 32 2 16 $ 56.PQ 3 64 108.1'] 24 96 161.00 4 32 128 208.00 5 40 160 261.00 6 48 196 314.00 7 36 224 353.00 The 2 yard dumpater service at more than once per week pickup is only available to existing customers receiv- ing 2 yard dumpater service on October 1, 1993. Begin- ning on October 1, 1993, new 2 yard dumpater service will not be offered to any customer except on a schedule of once per week pickup. Existing customers receiving 2 yard dumpater service that discontinue 2 yard service on or after October 1, 1993, may not at a later date, reinstate 2 yard dumpater service with more than one pickup per week. PAGE 4 AgendaNoA' Ageadaltem Date B. DUM'?STER SERVICE (Temporary) Type of Rent :ontainer Per 30 Days Service Charge 3 cubic yard dumpster $ 6.00 $18.60 per pickup i cubic yard dumpster 7.00 24.80 per pickup 6 cubic yard dumpster 9.25 35.40 per pickup 8 cubio yard dumpster 11.00 46,40 per pickup C. OPEN TOP CONTAINERS Type of Rent Container Per 30 Days Service Chprgg 15 cubic yard open top $30.00 $ 87.00 per pickup 20 cubic yard open top 40.00 118.00 per pickup 30 cubic yard open top 55.00 169.00 per pickup 40 cubic yard open top 70.00 215.00 per pickup D. COMPACTORS Type of Rent container Per 30 Days Service Charge 6 cubic yard compactor $ 43.00 $ 38.00 per pickup 12 cubic yard compactor 87.00 75.00 per pickup 15 cubic yard compactor 97.00 88.00 per pickup 20 cubic yard compactor 116.00 121.00 per pickup 25 cubic yard compactor 135.00 145.00 per pickup 30 cubic yard compactor 165.00 170.00 per pickup 42 cubic yard compactor 215.00 222.00 per pickup SURCHARGE An additional 3.5% charge will be assessed for each 30 day period (excluding rental charge) to compensate for the State of Texas surcharge for solid wants received at landfills. The City staff is hereby authorized to remit such charge to the State, PAGE 5 i Agendalterrl,,,~~~ L, Date l r /D OTHER CHARGES A delivery fee of $50.00 per container will bc• charged to all customers for open top containers and coTpaotors. A delivery fee of $15.00 per container will be charged to all customers for temporary dumpster service. A charge for collection of appliances will be at $10.00 per item. A charge for collection of brush outside the container will be at $4.00 for each cubic yard of brush over 1 cubic yard. I I i PAGE 6 I I I I i t Agenda No iia~ Agenda ilaie SCHEDULE OWL $~ITTAAY L1+NDFILL USE (Effective 10/01/93) APPLICATION Applicable to individuals and commercial entities that use the City's sanitary landfill site. RATES AND C} MM. A. INDIVIDUAL USERS Charge Per Type of Vehicle Vehlgle Per Load 1. Automobiles and station wagons, $ 4.00 pickup trucks less than one-half ton. 2. Motor vehicles with a carrying $ 12.50 load capacity of 2 cubic yards but less than 5 cubic yards such as one-half ton pickups. 3. Pickup trucks with side boards $ 39.50 and all other vehicles with a carrying capacity in excess of 5 cubic yards but less than 10 cubic yards. 4. Vehicles with carrying capacity $ 59.25 in excess of 10 cubic yards but less than 15 cubic yards. 5. Vehicles with carrying capacity $ 79.00 in excess of 15 cubic yards but less than 20 cubic yards. 6. Vehicles with carrying capacity $118.50 in excess of 20 cubic yards but less than 30 cubic yards 7. Vehicles with carrying capacity $158400 in excess of 30 cubic yards but less than 40 cubic yards. e. Vehicles with carrying capacity $197.50 of 40 cubic yards or more. PAGE 7 i AgendaNo Aggndalte Date B. REGULAR COMMERCIAL USERS The City Manager may enter into contracts with private commer- cial collection service companies for regular use of the sanitary landfill site at the following rates: Residential and commercial $ 3.95/cubic yard or garbage $ 15.80/ton Rubbish (trash) $ 3.95/cubic yard or $ 15.80/ton Uncompacted residential and $ 3.95/cubic yard or commercial garbage $ 15.80/ton All such contracts may contain conditions of operation, disposal and delivery as necessary for ttae efficient operation of the landfill cite and the method of billing and collection for such use. C. TIRE CHARGES charcYe Per Tire 1. Automobile tires not shredded, $ 2.30 quartered or halved. 2. Truck tires not shredded, $ 4.60 quartered or halved. D. SPECIAL WASTE Sate Per Cubic Yard Disposal of "Special Waste" as $ 7.50 defined by the State of Texaa Municipal solid Waste Management Regulations. Acceptance of speolal waste is subject to Federal and State laws and regulations$ and the City has the right to refuse to accept waste. LIMITATIONS Landfill permits issued by the City of Denton prior to the effective date of this ordinance may be redeemed for their faco value. The customer must pay the difference between the current rate and the face value of the permit. The customer is not entitled to a refund if the face value of the permit exceeds the current rate. PAGE 8 apendaNa Agendal(e oate SCHEDULE SWY COMMERCIAW INSTITUTIONAL CARDBOARD RECYCLING (Effective 10/01/93) APPLICATION Applicable to commercial or institutional customers that receive separate recycling service in dedicated recycling containers. OH NTHLY RATE A. DUMPSTER RECYCLING SERVICE (8 YARD DUMPSTER) Number of Times Rate Per Collected Per Week 30 Days 1 $ 50.00 2 100.00 3 150.00 4 200.00 B. OPEN TOP RECYCLIN3 SERVICE Type of Rent Container Per 30 Days Service Charas 30 Cubic Yard 00.00 $135.00 40 Cubic Yard 65.00 135.00 C. COMPACTOR RECYCLING SEP,VICE Type of Rent Container Per 30 Days Sorv g2 arse 30 Cubic Yard $150.00 $135.00 40 Cubic Yard 200.00 135.00 PAGE 9 ugsnQa No... 93 a0L AfleadaN 'T oars SECTION V. That this ordinance shall become effective and the rates established herein shall be charged and applied to all solid waste service accruirg on or after October 1, 1993. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 10 - 3l0 { AW49OZ-/ D*. DATE: 09/4/9 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM. Lloyd V. Harrell, City Manager SUBJECT: CONSIDER APPROVAL OF AN ORDINANCE OF THE CITY OF DENTON INCORPORATING FEES, DEPOSITS, BILLINGS, AND PROCEDURE FOR PROVIDING ADMINISTRATIVE SERVICES TO CUSTOMERS AND TAX PAYERS; AND PROVIDING FOR AN EFFECTIVE DATE RECOMMENDATION: Staff recommends approval of the attached ordinance amending the City's Fee schedule fig: The attached ordinance amends previous ordinances that establish various fees and charges for the City of Denton, The electric meter installation, meter connection, and delinquent service fees are being amended to add charges for services that are provided after business hours. Since we pay our employees overtime to provide these services, we are charging an additional fea to recover the full cost of service. The meter reading and meter test fees are the exact amount of previous ordinances. However, we are making two minor changes to our procedures. First, we are changing the application section for the meter reading fee. It will now apply to contested bills that we are requested to verify the meter reading twice during the previous twelve months and no errors are found. The previous ordinance used or,ly the previous eleven months. Secondly, we modified the accuracy standards for the meter testing fee. The previous ordinance stated that if a meter was found in error, the customer would b9 credited or billed up to twenty-four months, in accordance with the error found. The proposed ordinance removes the limitation of twenty-four months. The insufficient t•ind check charge is being confirmed at fifteen dollars per check. Our survey of this charge found that most area banks and grocery stores charge twenty dollars for insufficient fund checks; however, the majority of the other municipalities surveyed charge only fifteen dollars. We are proposing a significant change to the service deposits fee section. The dollar amounts required for residential and commercial deposits are unchanged; however, the proposed ordinance reduces the interest rate that is paid on the deposits. Currently, we use a six percent interest rate for all utility deposits. This rate is significantly higher than the rate our customers could earn on their deposits at their local banks and higher than the amount that we are earning on our invested funds. The proposed ordinance ties the rate of interest paid on deposits to the One Year United 10 R P, ry Agenda No . 2y_Q,irz..._.. Agendaltem X Rate States Treasury Note. a y interest paid to contractors on contract retainage will use the same method of calculation as the service deposits. The interest is tied to the One Year United States Treasury Note. The final fee is for credit card services. When we sorted allowing customers to use their credit cards to pay for their taxes, utility services, and other fines and fees at City Hall, we charged 5% of the payment amount as a service fee. The fee has been reduced to only three percent to encourage more tay payers and customers to use their credit cards to pay for municipal services. Y$49B~W8. DEP~g OR GAOVDS avvn; All of the departments of the City of Denton that charge fines, fees, taxes, and rates ,will be affected by the proposed ordinance. The Utility Department will be the primary area affected by the ordinance) however, any department that accepts checks or credit cards will be affected. F on the I8Q IXpM: This ordinance will have a positive fiscal impact City of result from theDdecreased hinterest irate iwe pay on deposits. will project that we will save over $30,000 during fiscal year 1993-94. Respectfully submitted; ~U Lloyd V. Harrell city Manager Prepared byi V .P birector Treasury Operations Approved= T_ hn F. McGrans xecutive Director of Finance AFF003D7 E t \4PDOCS \0QD \IEE .O 4penda No__Y Agenda ltek~~S Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON INCORPORATING FEES, DEPOSITS, BILLINGS AND PROCEDURES FOR PROVIDING ADMINISTRATIVE SERVICES TO CUSTOMERS AND TAXPAYERS; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the fees and charges for general utility services as generally provided for in Chapter 26 of the Code of Ordinances and for services to other customers and taxpayers, are hereby established as follows: SERVICE CRARGES AND PROCEDURES SCHEDULES PAGE Electric Meter Installation Fee 2 Meter Connection Fee 2 Delinquent Service Fee 2 Meter Reading and Test Fees • 3 Insufficient Fund Check Handling Charge a Service Deposit 4 Credit Card Service Fee r 5 Interest on Contract Retainage 5 i 4ra•AT~ u_icAr agenda No. Agendalte 9 Date ACCOUNT COAITCTION AND RECONNECTION FEES (Effective 10/01/93) BLy&Mg__MFTER INSTALLATION_ FEE APPLICATION Applicable when a customer requests electric service on a first time basis where no permanent service previously existed and where a new account and number is established. FEE First Service Requested $20.00 First Service Requested, $30.00 after business hours MEI CONNECTION FEE MLICATIOZI an existing account number and existinglor previous customer requests history. FEE First Service Requested $10.00 First Service Requested, after business hours $30.00 j~EI+INOUENT SERVICE FEE AP LAN Applicable when a customer's account is processed for disconnection due to nonpayment. FEE Service Fee $20.00 Reconnection (after business hours) $10.00 (Additional) PAGE 2 i ApnrrdaNo~ AgWatte Date MFiT ZLEMING AND TEST FFFg (Effective 10/01/93) Meter 99dina APPLICATION duel toabaecoto any ntestedcustomer billing more requests twice reading the a city meter months and no error is found. previous 12 F.EE Per Additional Reading $20.00 Meter Testing APPLICATION Applicable to any customer who requests the testing of a city meter previously tested within the past four years and the meter is found to be within accuracy standards. ra Per Test $25.00/ KWH Electric Meter $35.00/ KW & KWH Electric Meter ACCUBACY STA_wD Rnc A meter is defined as within accuracy standards when found to be in error plus or minus two percent (2}) or less. PAGE 3 Agenda NoY_" Agendal(a D3te_-__ I E IANEOUS F£ia G (EffectiV lAa 4ARD DEPOSITS t U TENT FUun nucr.ir HANDi TuG CHARG APP ICATipN I Applicable when a customer's or taxpayer's check for payment of fees, fines, court costs, taxes, utilities, or other charges has been dishonored by the maker's bank and returned to the city of Denton. FEE Per Check $15.00 SERVICE DFDnSTTc APPLI_ CATIOU Applicable when a customer requests time in the Denton service area anddoeslnoit service for rst t have 12 monthshoffgood credit standing with Denton or another utility system for the type of service requested, or does not have a co-signer with 12 months of good credit standing with Denton or another electric utility system. FEE Residential Customer $150.00 or an amount equal to 1/6 of the last twelve months of billing at the service location. If utility service is disconnected for non-payment, then the depositr sum equal to q 1/6 of t the alast twelve (12) months of billing. Commercial Customer $300.00 or an amount equal to 1/6 of the last twelve months of billing at the service location, whichever is greater. Deposits will earn interest for the customer, The rate of interest will be adjusted semi-annually to equal the interest rate of a one year United States Treasury Note on October 1 and Aril 1 of each year. If refund of deposit is made within thirty (30) days of t of interest retains theddeposit more than thirtyn(30 wdays, made. If the City shall bo made retroactive to the date the deposit was a interest ment of paid, A. Payment of the interest to the customer shall be made at the time the deposit is returned or credited to the customer's account. PAGE 4 MI'(iN Ageo<}aNo_~'~.~_ AgeadalterrL,..~~ ''~6.C! B. The deposit shall cease to earn interest on the date it is returned or credited to the customer's account. CONTRACT RETATNAGE Contract retainage will earn interest for the contractor as provided by TEX. REV. CIV. STAT. ANN. article 6252.5b (Vernon Supp. 1992). The rate of interest will be adjusted semi-annually to equal the interest rate of a one year United States Treasury Note on October 1 and April 1 of each year. Payment of the interest shall be made at the time the retainage is paid to the contractor. CREDIT CARD g Rvrrv Fpr APPLICATION Applicable when payment for fees, fines, court costs, taxes, utilities or other charges are made with a credit card. BATE/SERVICE CHARGE Service Charge 3 per cent of payment amount. SECTI_ 0~_ That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declared it would have enacted such remaining portions despite any such invalidity. changed and apppplied hat this service occurring on or after October # 1993. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: PAGE 5 iF1RM AgendaNo- Aflenda~~e^+ .E?y- Dale ATTEST: JENNIFER WALTERS, CITY SECRETARY BY : APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 1 ' BY: Cv1 PAGE 6 f t ko. -639 A"I CITY COUNCIL AGENDA ITEM TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: ADOPTION OF AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GEORGE AND JUDY KAY FOR THE PURCHASE OF PROPERTY ON FOSTER ROAD RECOMMENDATION: The Planning and Zoning commission recommends approval. SUMM4RY/BACKGROUND: After extensive negotiation, the City was able to reach an agreement with George and Judy Kay relative to the purchase of 23.174 acres of real property on Foster Road for the expansion of the Denton Municipal Landfill. The purchase price for the property, which contains four single family residences, a large garage, and various sheds and barns, is $5311,052. Under the provisions of the agreement, the city would take possession of the property as of January 10 1994, and honor two exin:ing lease agreements which are currently in effect between the Kays and two renters, One of the agreements expires at the end of April, 1994, and the other rt,.s through August, 1995. Neither of these leases present any problems to the city's use of the property. in addition, the agreement allows Mr. Kay to lease the home at 4824 Foster Road for two years at an annual rental fee of $2.00, provided that Mr. Kay assumes responsibility for the upkeep and maintenance of the home and surrounding grounds, PROGRAMS DEPARTMENTS 07 GRO pS AFFECTS: The Kay Family, the City of Denton Solid waste Division, and the Citizens of Denton. FISCAL IMPACT: $532,052 lly sub itted, f / RekdVouiHarrell Ll City Manager A8293C agenda No ~evj ~Z 4- CITY COUNCIL AGENDA ITEM Agendalle. t September 1993te_ Page 2 Prepared by; Bill Angelo Director of C616nunity services Approved by; R. E. Nelson Executive Director of Utilities A8293C Et\11VD SWADVAT AgondaNo ' Agendaltem~~_ C- oate _.1-iy4~9 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND GEORGE J. KAY AND WIFE, JUDY M. KAY TO PURCHASE PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute a Real Estate Contract between the City of Denton and George J. Kay and wife Judy M. Kay for the purchase of property, under the terms and conditions contained in said agreement, which is attached here- to and made a part hereof, and is authorized to execute any other document which may be associated with the purchase of said property. SECTION II. That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY* MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY I st Jam---- i AgendaNo_AgendahniLG✓ ~6 L ~ L~te_~Q1y -q3 . REAL 88TATB CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between GEORGE J. KAY and wife, JUDY M. KAY (hereinafter referred to as "Seller~~) and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land containing ap- proximately 23.1695 acres of land situated in Denton County, Texas, being more particularly described in Exhibit A attached hereto and andIncorporated the rights and appurtenances urpertai inng to the prop- erty, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property% together with any improvements, fixtures, and per- sonal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisioyns, and conditions the Seller may, at his ownwexpensetprior expressly delivery of possession of the Property, remove the following listed items from the Propertys 1. All interior fences, temporary cattle panels, cattle pens and head gates, 2. A Lopi fireplace insert from the residence located at 4586 Foster Road, Denton, Texas. 3, All blinds and drapes from the residence located at 4586 Foster Road, Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Arinea The purchase price for the Property shall be the Rum of FIVE HUNDRED THIRTY-THREE THOUSAND FIFTY-TWO DOLLARS ($533,032,00), r. AoEldaitem 2. Payment of Purchase Prigt. The full amount of the Purchase Price shall be payable in cash at the closing. LEASES AND TENANCIES The following leases and t6nancies affecting the Property are acknowledged and agreed to between Seller and Purchasers 1. Existing residential lease between Seller and Frances Dornan for the premises located at 4820 Foster Road, Denton, Texas, which terminates at the end of August, 1995. Any rental payments due pursuant to said lea-Ae are hereby assigned to the Purchaser. 2. Existing residential lease between Seller and Joey Silva and wife, Tammy Silva, for the premises located at 4828 Foster Road, Denton, Texas, which terminates at the end of April, 1994. Any rental payments due pursuant to said lease are hereby assigned to the Purchaser. 3. Purchaser agrees to lease to Seller a building located at 4828 Foster Road, Denton, Texas for a period of two (2) years, said lease commenoing October 1, 1993 for the sum of TWO AND N01100 DOLLARS ($2.00) per year, and said sum to be payable on the lot day of October of each year. Seller agrees in consideration of this lease to maintain the building and adjacent ground in good condition. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the trans- actions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. preliminary Title Report, Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a pre- liminary title report (the "Title Report") accompanied by copies of all recorded documents relating to easements, rights-of-way, ate., affecting the Property, Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser re- ceives the Title Report that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Pur- chaser states the condition is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreeme,tt shall thereupon be null and void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser) otherwise, this con- dition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes, PAGE 2 I A AoonlaNog3 Age.itla to.r G 2. Survey. Upon written request by Purchaser delivered to seller contemporaneously with Purchaser's ielivery of an executed original of this Agreement, Seller shall within twenty (20) days from the date hereof, at Purchaser's sole cost and expense, deliver to Purchaser a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. @eller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing dates 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers, other than those lessees in possession of portions of the property as acknowledged under the section designated as LEASES AND TENANCIES of this Agreement. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or asses- sment affecting the Property, or any part thereof, nor to the beat knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. PAGE 3 i No~ Agenda 2~T pL AgopdalleryL f1e `~f~ - 3 ,7Y 4. There are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act RCTA), as Co pensation and Liability and ityhActo(CERCLA)i4as amended. In l the Response any such toxic or hazardous wastes or materials are found upon the Property, Seller shall be responsible for the expense of removal of these wastes or materials upon receipt of written notice of the presence of these wastes or materials. CLOSING The closing shall be held at the office of Republic Title Company, Denton, Texas, on or before October 1, 1993, or at such time, data, and place as Seller and Purchaser may mutually agree upon (which date is horein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Seller's Rec[uirements. At the closing Seller shallt A. Deliver to Purchaser a duly executed and acknowledged General Warranty Deed convoying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the followings 1. General real estate taxes for the year of closing and subsequent years not yet due and payablei 2. Any exceptions approved by Purchaser pursuant to Purchaserls oblige ions here- oft and 3. Any exceptions approved by Purchas r in writing. S. Deliver to Purchaser a Texas Owner's Title Policy at SellerIs sole expense, issued by Republic Title Company, Denton, Texas, (the "Title Company") in Purchaser's favor in the full amount of the purchase price, insuring Pur- chaser's fee simple title to the Property subject only to those title exceptions listed in Closing Recuirements here- of, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owners Title Policy, provided, howevert 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated PAGE 4 N agenda No Agendalte with same shall be borne by Sellerl 2. The exception as to restrictive cove- nants shall be endorsed "None of Record" I 3. The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on or before January 1, 1994. From the date of Closing until January 1, 1994, Seller will be allowed to continue to reside in the house located at 4586 Foster Road, Denton, Texas, if he should desire. 2. Purchaser's Reg{irements. Purchaser shall pay the full cash purchase price to Seller at Closing in immediately available funds. 3. Closing Costs. Throuqh the date of Closing, Purchaser shall only be responsible for the payment of taxes assessed by the City of Denton and, Seller shall pay all other taxes assessed by any other tax jurisdiction through the date of Closing. Any taxes imposed, assessed or arising because of a change of use of the Property after closing shall be paid by Seller, save and except taxes so imposed by the City of Denton, which taxes shall be paid by Purchaser. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be equally shared by Purchaser and Seller. REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Purchases from any and all claims for these commissions. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement. PAGE 5 s a kvlaNo _ 7. 3 ~J to L Ct;a _ -11 9 Vf BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS Navinq been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement. MISCELLANEOUS 1. Assignment of Agreement, This Agreement may not be assigned by Purchaser without the express written consent of Seller. 2. Survive of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, an well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 9, Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addres- sed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. a. Texas Law to AVRly. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5, Parties Bound, This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal construction, in case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Aoresments Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8, Time of EssencR. Time is of the essence in this Agreement. 9, Ganda . Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the PAGE 6 T Ago, ndaNo Agendalfa 5 L ate _.Q:~" singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not Leon returned to Purchaser within five (5) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of , 1993. SELLER GEORGE J. KAY 4586 Foster Road, Denton, Texas 76208 JUDY M. KAY 458o Foster Road, Denton, Texas 76208 PURCHASER THE CIT'c OF DENTON# TEXAS eyt LLOYD V. HARRELL, City Maneger 215 E. McKinney Street Denton, Texas 76201 PAGE 7 d AgpndaNo Agsndalte ~ Qite._ - 9 STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on by GEORGE J. KAY and wife, JUDY M. KAY. NO'T'ARY PUBLIC IN AND FOR TEXAS STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, the on by LLOYD V. NARRELL, City Manager, of the City of Denton, a mun o pal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowl- edged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate resolution of the City Council of the City of Denton and that he executed the sane as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. NOTARY PUBLIC IN AND FOR TEXAS ATTESTI JENNIFER WALTERS, CITY SECRETARY BY1 APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCN, CITY ATTORNEY BY1 E s 11IPDOCf UtUUM PAGE 8 b:lsumisetLo ~ i Aq~dd~No. Apendaitefi v- ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AND RELEASE AGREEMENT WITH C. SUMMERS IN RELEASE OF ALL CLAIMS AGAINST THE CITY' AUTH- ORIZING THE EXPENDITURE OF FUNDS THEREFORI AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a compromise settlement and release agreement with C. Summers in release of all claims. SECTION L;. That the City Manager is hereby authorized to expend funds in the amount of Twenty-seven Thousand and Eight Hundred ($27,800.00) Dollars in the settlement thereof. I HCTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND hPPROVED this the day of , 1941. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYI > R e No. 3'd TO: MAYOR AND MEMBERS OF THE CITY COUNCIL Q1tl~"'"a"\~',+' JJ FROM; Lloyd Y. Harrell, City Manager (iAflG SUBj: RESOLUTION To RENEW OCCUPANT PROTECTION d NATIONAL MAXIMUM SPEED LIMIT GRANTS RECOMMENDATION: Approval of resolution to continue funding for 1993/1994 Texas Department of Transportation grants targeting Occupant Protection enforcement and National Maximum Speed Limit enforcement SUMMARY: The resolution would provide matching grant funding to continue the third year of the Occupant Protection grant and the second year of the National Maximum Speed Limit grant. BACKGRf'" At the beginning of the Occupant Protection Grant in 1990 the compliance rate for seatbelt usage in the City of Denton was surveyed at 545. At the end of the 1992/1993 grant period the city's compliance rate was at 77.4%. The city also realized a 12% reduction in injuries relating to vehicle accidents. In 1992 the Texas Department of Transportation Informed the Denton Police Department that the areas of 135 within the city limits had been surveyed and were some of the worst in the state for number of accidents ani abuse of the 55 mph speed limit. After the first year of this grant a survey In May 1993 indicated that the average speed in these area had been reduced to 61,1 mph. The Occupant Protection grant produced 2289 seatbelt violation citations In 1992/93. In addition, the grant produced 140 other type citations, The National Maximum Speed Limit grant produced 2366 speeding citations, as well as 74 other type citations. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: POLICE DEPARTMENT, FINANCE, MUNICIPAL COORT FISCAL IMPACT: City funding required to continue the two grants would be: OCCUPANT PROTECTION GRANT: $12,500.00 NATIONAL MAXIMUM SPEED LIMIT: f 7,500,00 RESPECT LY SUBMITTED' Prepared by; *0d Harrell City Manager Paul W. Abbott Lievtenant 4 E:%6P00C$\0AD\SAFEIT ~endaMo C agendalte ~ Date____ 1 ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS, AUTHORIZ- ING THE CITY MANAGER TO EXECUTE All AGREEMENT WITH THE TEXAS DEPART- MENT OF TRANSPORTATIOP REQUESTING CONTINUED FUNDING FOR A TRAFFIC SAFETY PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton is eligible to continue receiving such funds and desires to promote the public safety and well-being of citizens through increasing the effectiveness of the Denton Police Department in its law enforcement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 5&QTLN.., That the City Council hereby authorizes and directs the City Manager to execute an agreement with the Texas Department of Transportation requesting continued funding for a traffic safety program. SECTION II. That the expenditure of funds in tha amount of $120500 is hereby authorized. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of - , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 1 r ! { BY., y s 5 gA Grant Funds TxDOT Misc. Con. No. ~X"°"CC rtial Pass 11uou „cPDA N=68; 2d.6~t1 AgeadaEtam r Stale Grant Fu.tds Charge YID No. 17560005146rm . v TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF 'T'EXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and through the Texas Department of Transportation, hereinafter called the Departm tgabnd CITY OF DENTON and through its duly authorized officers, hereinafter called the Suhgrantee. For the purpose of this agreement, the Subgrantee is designated as a(n) NV ITNESSETIt WHEREAS, the Department, as Grantee on behalf of the State of Texas, receives federal grant funds for implementation of the statewide traffic safety program mandated by Title 23, Section 402 of the United State Code; and, WHEREAS, the Department administers these funds together with other funds which may be appropriated by the Texas Legislature or received from other sources, to develop cooperative agreements with qualifying agencies (subgrantees) which have identified traffic safety problems and have developed projects to address these problems; and, WHEREAS, Article 6701]-1, Texas Civil Statutes, declares that the establishment, development, and maintenance of a program of traffic safe~y in Texas is a vital governmental purpose and function of the State and its legal and political subdivisions; and, WHEREAS, the Governor of Texas has named the Executive Director of the Department as the State's representative to administer the Texas Traffic Safety Program; and, WHEREAS, the 1"Ixecutive Director has formulated a program of projects for the current fiscal year called the Highway Safety Plan (HSP), and the United States Department of Transportation (US DOT) has approved the HSP and authorized the Department to proceed with implementation in accordance with approved procedures; and, WHEREAS, the Department and the Subgrantee agree to implement a traffic safety project generally authorized in the HSP, said project described as a(n) NATIONAL MAXIM11M SPEED LIMIT (NMSL) STEP - 10193 Page 1 of 13 w Aget* No TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT AWdalteoL ft-~:4_:_ Dire - ..7 NOW, THEREFORE, in consideration of the premises and of the mutual covenants and 4'/ .~v agreements of the parties hereto, the Department and the Subgrantee du mutually agree as follows. AGREEhi ENT ARTICLE 1. FUNDING PERIOD This agreement becomes effective on October 1, 1993 or when fully executed by all parties hereto, whichever occurs later, and shall terminate on Septeaber 30, 1994 unless termination occurs as provided for hereinafter. ARTICLE 2. RESPONSIBILITIES OF THE PARTIES The Subgrantee shall undertake and complete the project as described in Attachment A, Approved Project Description, and in accordance with all terms and conditions included hereinafter. The Department shall provide assistance as appropriate and as specified in said Attachment A. ARTICLE 3. COMPENSATION A. The maximum amount payable under this agreement shall not exceed the amount of $ 22,500.00 unless modified in writing through an amendment pursuant to Article 5. B. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment B, Approved Project Budget, unless other methods of payment are specified as follows: 1. If Attachment B, Approved Project Budget, specifies that actual costs will be reimbursed, the amount included in the project budget will be deemed to be an estimate only and a higher amount can be reimburse-!, subject to the conditions specified in paregrAph C hereunder. 2. If Attachment B, Approved Project Budget, specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. C. All payments made hereunder will be made in accordance with Attachment B, Approved Project Budget. The Subgrantee's expenditures may not exceed any budget category in the Approved Project Budget by an amount greater than 5% of the total budget without a written agreement amendment. The maximum amount payable shall not be increased as n result of exceeding a budget category without a written grant amendment. D. To be rligible for reimbursement under this agreement, a cost must be Incurred in accordance with Attachment B, Approved Project Budget, within the period specified in Article 1 above. 10193 Page 2 of I' I a, Agenda No 0 4 7XIMa; Agendalte TEXAS TRAFFIC SAFI:'IY PROGRAM AGREEMENT AK ; "i NOW, THEREFORE, inconsideration of the premises and of the mutual covenants and agreements of the parties hereto, the Department and the Subgrantee do mutually agree as follows. AGREEMENT ARTICLE I. FUNDING PERIOD This agreement becomes effective on October 1, 1993 or when fully executed by all parties hereto, whichever occurs later, and shall terminate on September 30, 1994 , unless termination occurs as provided for hereinafter. ARTICLE 2. RESPONSIBILITIES OF THE PARTIES The Subgrantee shall undertake and complete the project as described in Attachment A, Approved Project Description, and in accordance with all terms and conditions included hereinafter. The Department shall provide assistance as appropriate and as specified in said Attachment A. ARTICLE 3. COMPENSATION A. The maximum amount payable under this agreement shall not exceed the amount of $ 22,500.00 unless modified in writing through an amendment pursuant to Article 5. B. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment B, Approved Project Budget, unless other methods of payment are specified as follows: 1. If Attachment B, Approved Project Budget, specifies that actual costs will be reimbursed, the amount included in the project budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph C hereunder. 2. If Attachment B, Approved Project Budget, specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. C. All payments made hereunder will be made in accordance with Attachment B, Approved Project Budget. The Subgrantee's expenditures may not exceed any budget category in the Approved Project Budget by an amount greater than 5% of the total budget without a written agreement amendment. The maximum amount payable shall not 14 increased as a result of exceeding a budget category without a written grant amendment. D. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with Attachment B, Approved Project Budget, within the period specified i,i Article 1 above. 1 0/03 Page 2 of 13 9Ky i l ~eraIaNo~~- y 'tFXAS'TkXPP[C SAk'#OGRAM AGREE EINT AgeidallelrL,~~~. _ a+ Date 9-i E. Payment of costs incurred under this agreement is further governed by one of the JJ~~ following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (ONIB) Circulars: • A-21, Cost Principles for Educational Institutions; 0 A-87, Cost Principles for State and Local Governments; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as designated in Attachment A, within 36 days after the end of the billing period. The Subgrantee will use billing statements acceptable to the Department. The original billing statement and one copy is to be submitted to the address shown on the last page of this agreement. G. The Subgrantee agrees to submit the final request for payment under this agreement within sixty (60) days of the end of the grant period. 11. The Department will exercise all good faith to make payments within thirty days of receipt of properly prepared and documented requests for payment. All payments, however, are contingent upon the availability of appropriated funds. 1. Project agreements supported with federal funds are limited to the length of the agreement period and usually do not receive extended funding beyond three years. If both the Department and the Subgrantee agree that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the three year limit. To be eligible, the Subgrantee should have a cost assumption plan by the end of the first twelve months and must have a plan by the end of the thirty-sixth month of operation of the project. This plan Hill include a schedule for phasing in funding from its own resources and the phasing out of funding support from the Department. All plans must be approved by the Department before any extension beyond the three year limit will be granted. Preference will be given to those projects for which the Subgrantee has assumed some cost sharing by the end of the first twelve months, and to those which propose to assume the largest percentage of subsequent project costs. Certain categories of funds may be exempted by the federal government from the time limit requirement. Unless exempted, all federally-funded agreements are considered to be subject to the time limit provision. Funding support for all state-funded projects will be limited to the term of the agreement. Any extension beyond that time will be negotiated on a case-by-case basis. ARTICLE 4. LIMITATION OF LIABILITY Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon the availability or funds. 10/93 Page 3 of 13 4 { 64 AQelfldB N0,,...1.af~~~~~ TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT A 4alt 'd 6 If at any time during the agreement period the Department determines that the insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate the agreement. Such termination will be conducted in such a manner that will minimize disruption to the Subgrantee and the Department, and as further specified in General Provision G9, Termination. The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits by third parties arising from or incident to the Department's non-payment of the Subgrantee's claim under this agreement. The Subgrantee expressly acknowledges that its responsibility includes the payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the Department's non-payment of claims submitted under this agreement. Thd Subgrantee shall defend any suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department shall have the right at its option to participate in the defense of any suit, without relieving the Subgrantee of any obligation hereunder. ARTICLES. AGREEMENT AMENDMENTS If at any time during the agreement period the Department determines that additional funds are needed to continue the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize additional funds, if the Department and the Subgrantee determine to continue project funding. Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall be enacted by written amendment executed by both parties. The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual satisfaction of the parties. In no event wilt the agreement period be extended unless a written amendment is executed before the completion date specified in Article 1. ARTICLE 6. ADDITIONAL WORK - If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. In the event that the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and provide compensation for doing this work on the same basis as the original work. If the compensation for the additional work will cause the maximum amount payable to be exceeded, a written amendment will be executed. Any amendment so executed must be approved within the agreement period specified in Article 1. ARTICLE 7. CHANGES IN WORK When the approved project description requires a completed work product, the Department will review the work as specified in the approved project description. If the Department finds it necessary to request changes in previously satisfactorily completed work or parts thereof, the Subgrantee will make such revisions as requested and directed by the Department. Such work will be considered as additional work and subject to the requirements established in Article 6. 10/93 Page 4 of 13 t y AmdaNa-,61 - Z _ TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT AGc•rtlalte . f~ # If at any time during the agreement period the Department determines that there is insuf tt funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate the agreement. Such termination will be conducted in such a manner that will minimize disruption to the Subgrantee and the Department, and as further specified in General Provision G9, Termination. The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits by third parties arising from or incident to the Department's non-payment of the Subgrantee's claim under this agreement. The Subgrantee expressly acknowledges that its responsibility includes the payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the De submitted under this agreement. Thd Subgrantee shall defend ananysuits b oughttuupon all s chs claims and lawsuits and pay all costs and expenses incidental thereto, but the Department shall have the right at its option to participate in the defense of any suit, without relieving the Subgrantee of any obligation hereunder. ARTICLES. AGREEMENT AMENDMENTS If at any time during the agreement period the Department determines that additional funds are needed to continue the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize additional funds, if the Department and the Subgrantee determine to continue project fending. Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall be enacted by written amendment executed by both parties. The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is executed before the completio,t date specified in Article 1. ARTICLE 6. ADDITIONAL WORK If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. In the event that the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantce and provide compensation for doing this work on the same basis as the original work. If the compensation for the additional work will cause the maximum amount payable to be exceeded, a written amendment will be executed. Any amendment so executed must be approved within the agreement period specked in Article I. ARTICLE 7. CHANGES IN WORK When the approved project description requires a completed work product, the Department will review the work as specified in the approved project description. If the Department finds it necessary to request changes in previously satisfactorily completed work or parts thereof, the Subgrantce will make such revisions as requested and directed by the Department. Such work will be considered as additional work and subject to the requirements established in Art!,-?,:- 6, 1T93 Page 4 of 13 e AgoodaNo 9,3 -03G YF.XAS TRAFFIC SAFE'IY PROGRAM AGREEMENT Agendaiterry Date pp~ If the Department finds it necessary to require the Subgrantee to revise completed vlork correct errors appearing therein, the Subgrantee shall make such corrections and no compensation will be pai.t for the corrections. ARTICLE: 8. GENERAL TERMS AND CONDITIONS GL Indemnification To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless the Department from all claims and liability due to the acts or omissions of the Subgodntce, its agents or employees. The Subgrantee also agrees to save harmless the Department from any and all expenses, including attorney fees, all court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents or employees. Further, to the extent perritted by law, the Subgrantee, if other than a State agency, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee or the Department. G2. Inspection of Work The Department and, when federal funds are involved, the U. S. Department of Transportation, and any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or a subcontractor, the Subgrantee shall provide and require his subcintractor to provide all reasonable facilities ?nd assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. G3. Disputes and Remedies The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement entered in support of agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement with the Executive Director acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of agreement terms, but all r.medies existing at law and in equity may be availed of by either patty and shall he cumulative. 10/93 Page 5 of 13 I Y Ip1 4 , 4 soodaNo A3Bndalt 6 TEAS TRAFFIC SAFETY PROGRAM AGREE"NIENT !d ~ G4. Noncollusion The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. GS. Reporting Not later than thirty days after the end of each reporting period, as designated in Attachment A, the Subgrantee shall submit a performance report using forms provided or approved by the Department. The performance report will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives were not met, if appropriate, and (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. The Subgrantee shall submit the final performance report within 30 days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon the agreement, including: 1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any Department or Federal assistance needed to resolve the situation. _ 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or producing more work units than originally projected. G6. Records The Subgrantee agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the agreement period and for three years from the date of the final performance report under the agreement. Such materials shall be made available during the specified period for inspection by the Department, the U.S. Department of Transportation and the Office of the Inspector General, if the agreement is federally funded, and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. The Subgrantee shall retain all records until final completion of any litigation. 1011113 Poi e 6 (if 13 b AgerdaNo. ' Ayt:nda~te TEAAS TRAFFIC SAF1:1Y PROGIL1n1 AGREEMENT G4. ,Noncollusion The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. GS. Reporting Not later than thirty days after the end of each reporting period, as designated in Attachment A, the Subgrantee shall submit a performance report using forms provided or approved by the Department. The performance report will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives were not met, if appropriate, and (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. The Subgrantee shall submit the final performance report wiWn 30 days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon the agreement, including: 1. Problems, delays, or adverse conditions which will materially affect the ability to attain program objectives, prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any Department or Federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or producing more work units than originally projected. G6. Records The Subgrantee agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the agreement period and for three years from the date of the final performance report under the agreement. Such materials shall be made available during the specified period for inspection by the Department, the US. Department of Transportation and the Office of the Inspector General, if the agreement is federally funded, and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. The Subgrantee shall retain all records until final completion of any litigation. 10/93 Page 6 of 13 a r Agenda No fa.44--.. TEXAS TRAFFIC SAFM PROGRAM AGREEMENT AgentlaltertLc~~ ~a~3o G7. Audit The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, PL 98.502, ensuring that the single audit report inducles the coverage stipulated in the following, as appropriate: • Paragraphs 6, 8, and 9 of ONIB Circular A-128, "Audits of State and Local Governments," or, 0 OMB Circular A-133, "Audits of Institutions of Higher Education and Other Nonprofit Institutions." G8. Subcontracts Any subcontract for professional services rendered b, individuals or organizatiors not a part of the Subgrantee's organization shall not be executed v.ithout prior authorization and approval of the subcontract by the Department and, when federal funds are involved, the U.S. Department of Transportation. Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. G9. Termination The Department may terminate this agreement at any time before tha date of completion whenever it is determined that the Subgrantee has failed to comply v;th the conditions of the agreement. The Department shall give written notice to the Subgrantee at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for termination. If both parties to this agreement agree that the continuation of the agreement wdtrld not produce benefcial results commensurate with the further expendi ore of funds, the parties shall agree upon the termination conditions, including the effective date and the portion to be terminated. Upon termination of this agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee shall, at the option of the Department, become the property of the Department. The Department shall compensate the Subgrantee for those eligible expenses incurred during the agreement period which are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner swisfactory and acceptable to the Department. The Subgrantee shall not incur new obligations for the terminated portion aiLer the effective date of termination. I, 10193 Page 7 of 13 I Y TE'NAS TRAFi'IC SAFFIT PROGRAM ACREEI\tEN'r cf /y ~J ' Except with respect to defaults of subcontractors, the Subgrantee shall not be in default I,y reason of any failure in performance of this agreement in accordance with its terms (including any failure by the Subgrantee to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Subgrantee. GIO. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts or favors to Department employees, exc..-pt as mentioned hereabove. Failure on the part of the Subgrantee to adhere to this policy m,.y result in termination of this agreement. GIL Compliance V1'itb Laws The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, Including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. G12. Successors and Assigns The Department and the Subgrantee each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer its interest and obligations in this agreement without written consent of the Department, G13. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the Subgrantee or furnished to the Subgrantee by the Department shall be delivered to and become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. 1003 Page 8 of 13 'TEXAS TRAFFIC SAM Y PROGRAM ACRFEMENT lAtept sk-itlt respect to defaill5 of subcontractors, the Subgrantee shall not be in defauE )v reason of any failure in performance of this agreement in accordance with its terms (inclining any failure by the Subgrantee to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Subgrantee. Such causes may include but are not limited to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weatLer. In every case, however, the failure to perform must be beyond the control and without the fault or negligence of the Subgrantee. G10. Gratuities Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefits, gifts or favors from any person doing business with or who reasonably speaking may do business with the Department under this agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this agreement may not make any offer of benefits, gifts or favors to Department employees, except as mentioned hereabove. Failure on the part of the Subgrantee to adhere to this polity may result in termination of this agreement. GIL Compliance With Laws The Subgrantee shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this agreement, incl,,ding, without limitation, workers compensation laws, minimum and maximum salary and wage statutes and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its complance therewith. _ G12. Successors and Assigns The Department and the Subgrantee each binds itself, its successors, executors, assigns and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party In respect to all covenants of this agreement. The Subgrantee shall not assign, sublet, or transfer its Interest and obligations in this agreement without written consent of the Department. G13. Oµmership of Documents Upon completion or termination of this agreement, all documents prepared by the Subgrantee or furnished to the Subgrantee by the Department shall be delivered to and become the property of the Department. All sketches, photographs, calculations, and other data prepared under this agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. 10/93 Page 8 of 13 I A,~erzt±aNo__9 ~~,~6 _..AgendaIteit6 LAL-- TEXAS TRAFFIC SAFIAN PROGRAM AGREkMEiNr R"Is ~y"y3 ice. 614. Resources 'rhe Subgrantee warrants that it presently has adequate qualified personnel in its employment for performance of services required under this agreement, or will be able to obtain such personnel from sowces other than the Department. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, and supplies required to perform the work authorized herein. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. G15. Property Management The Subgrantee shall establish and administer a system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards, as appropriate, in: • 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or, • OMB Circular A•110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations." G16. Procurement Standards The Subgrantee shall maintain procurement standards which meet or exceed the requirements, as appropriate, of- 41 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or, 41 OMB Circular A•110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations" G17. Insurance When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require its subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the Department as an additional insured under its terms. When so directed, the Subgrantee shall provide or shall require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91) to the Department, and shall maintain the Insurance during the grant period established in Article 1. 10193 rage 9 of 13 ~yc1da'tem ,e.,5 i✓ TEAS TRAFFIC 4 AF'ls"Il' 1 1tOCRAAI ACRF.1?A11Ai ~ aQ ~J C18. Equal Employment Opportunity The Subgrantee agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CF'R 60). C19. Nondiscrimination During the performance of this agreement, the Subgrantee, its assigns and successors in interest, agrees as follows: 1. Compliance with Regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23 , Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. 2. Nondiscrimination: The Subgrantee, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials. and leases of equipment. The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 7I0.405(b) of the Regulations, including employment practices when the agreement covers a program set forth in Anpendix B of the Regulations. 3. Solicitations for Su mntracts Including Procurement of Materials and Au[pment• In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or suppliet shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Repo . The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities ai may be determined by the Department or the U.S. Department of Transportation to be pertlnent to ascertain compliance with such Regulations or directives. Where any Information required of the Subgrantee Is in the exclusive possession of another who fails or refuses to furnish this Information, the Subgrantee shail so certify to the Department or the U.S. Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanc(ions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provisions of this agreement, the Department shall impose si.ch sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including but not limited to: 10/93 Page 10 of 13 A.3en~alle TEXAS TIUMC SAMY PROGRAM AGREUNI1~ NT l 7 618. Equal Fmployment Opportunity The Subgrantee agrees to comply with Executive Order 11246 entitled "Equal Employment Opportunity" as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60). G19. Nondiscrimination During the performance of this agreement, the Subgrantee, its assigns and successors in interest, agrees as follows: 1. Compliar.-e with Regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally assisted programs of the US. Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23 , Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. 2. Nondiscrimination: The Subgrantee, with regard to the work pet`•ormed by it during the agreement, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Subgrantee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the agreement covers a program set forth in Appendix 13 of the Regulations. 3. Solicitations for Subcontracts Including Procurement of Materials and Eau[nment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4, Information and Reaortst The Subgrantee shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Department or the U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the U.S. Department of Transportation as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including but not limited to: 10/93 Pagc 10 of 13 T1 xns TRAFFIC snNi:n Pr2ocr2nnl AC12E1i;Atly\7 -C~--//b-~'~ . ♦ withholding of payments to the Subgrantee under the agreement wail the , ubgranlec complies, and/or ♦ cancellation, termination, or suspension of the agreement in whole or in part 6. Incorporation of Provisions: The Subgrantee shall include the provisions of paragraphs 1 through 6 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into such litigation to protect the interests of the Department; in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. C20. Minority Business Enterprise It is the polity of the U.S. Department of Transportation that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds. Consequently the Minority Business Enterprise requirements of 49 CFR 23, exclusive of Subpart D, apply to this agreement as follows. ♦ The Subgrantee agrees to insure that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, have the maximum opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Subgrantee shall take all necessary and reasonable steps in accordance with 49 CFR 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. ♦ The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the notification of the Department, may result in termination of the agreement by the Department or other such remedy as the Department deems appropriate. C21. Debarment/Susrenslon The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. 10/93 Page 1 [ of 13 { . d TEXAS TRAFFIC SAF61T pitOGRANI AGREEMENT The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. G22. Signatory Warranty The undersigned signatory for the Subgrantee hereby represents and warrants that shelhe is an officer of the organization for which she/he has executed this agreement and that shelhe :tas full and complete authority to enter Into this agreement on behalf of the organization. G23. Assumaces and Certification The Subgrantee attests that the assurances included in Attachment C of this agreement and the certification included in Attachment D of this agreement are accurate and current 10193 Page 12 of 13 a A~C1C81te(F>~- S ~ MAS TRAFFIC SAFINY PROGRUMNI AGREEMENT The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department to furnish a copy of the certification. G22. Signatory Warranty The undersigned signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter Into this agreement on behalf of the organization. G23. Assurances and Certification The Subgrantee attests that the assurances included in Attachment C of this agreement and the certification included in Attachment D of this agreement are accurate and current. 10/93 Page 12 of 13 A -y ~a~anGailem(, ~S TF,XAS TRAFFIC SAFM-V PROGRAM AGREEN11?N'1' iN WITNESS WHEREOF, 17iE PARTIES HAVE EXY~CU'iTED DUPLICATE: COUNTERPARTS TO EFFECTUATE THIS AGREEMENT. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation CITY of DENTON Commission under the authority of Minute (Legal Name of Subgrantee] Order No. 82513 and Administrative Order 15-88 for the purpose and effect of activating and/or carrying out the orders, establWied policies or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Sign cure] Order No. 100002. llgltRttt LLO yo ANA C Llhkl~mo- and it e] By Traffic Operations Engineer Date Texas Department of Transportation %TTEST. Date Signalur ] &bLWS erns s Name and Titl Under authority of Ordinance or Resolution Number (For Local Governments) CKAMtC Strrn.~ 5'03 Mallin¢ Addresses For the purpose of this sgccment, the following addresses shall be used to mail all required notices, reports, claims. and correspondence: For the Subgrantee: For the Texas Department of Transportation: {PITY OF DENTON TEEAS DEPARTMENT OF TRANSPORTATION 215 E. MCKINNEY P.O. SOX 3067 DENTON, TEEAS 76201 DALLAS, TEXAS 75221-3067 10193 Page 13 of 13 d ~Cntt4jN'o__ s? APPROVED FRWECT DESCRIPTION AY.-_•7' a,2 NATIONAL MAXIMUM SPEED LIMIT (NMSL) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) CITY OF DEWON SUBGRANTEE 1. AUTHORIZATION: This grant implements Task B, Sub-Task 1, of 94-01-01 of the PY94 Highway Safety Plan. II. PROBLEM STATEMENT: Speeding continues to be a major contributor to traffic crashes and resulting injuries and fatalities. The State of Texas is required to maintain compliance with the National Maximum Speed Limit. The 1992 year end analysis of Texas' compliance rate shows the State to be at 50.7 percent. This Subgrantee has identified roadways that have been found to have substantial degrees of noncompliance with the National Maximum Speed Limit. The 1990 Save City Ranking for Urban Speeding which appears in the annual Highway Safety Plan ranks Texas cities with respect to the soverity of the problem. This Subgrantee is on that list with a Weighted Ranking Number of 1 This is the god year the Subgrantee has received federal 402 funds for NMSL STEP. III. OBJECTIVE: To achieve compliance with the National Maximum Speed Limit at STEP sites by the end of the grant period. (Statewide compliance will be measured under DOT CFR, Part 659.) Nothing in this agreement shall be interpreted as a. requirement, formal or informal, that a police officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. IV. RESPONSIBILITIES OF THE SUBGRAPTEE: A. Carry out the objectives of this grant by implementing the operational Plan and the Action Plan in this attachment. B. Submit all newly developed public information and education material for written approval from the Department prior to final production. Reproduction of National Highway Traffic Safety Administration or other governmental endorsed material is permissible without Department approval. NMSL.10/93 page 1 of 5 • ~cn~3FJa.r ~~rnGdltBRtr..,~ C. An Administrative Evaluation summarizing all activities,? /'V P and accomplishments will be .ubmitted on DeparFenE'-- approved forms, no later than 45 days after the grant ending date. D. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department no less than quarterly to present status of activities, discuss problems and schedule for the following quarter's work. 2. The project coordinator or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. E. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the approval of the Department prior to the beginning of the trip. A copy of the documentation of that approval must accompany the Request for Reimbursement. Grant approval does not satisfy this require:14nt. F. Maintain verification that wages or salaries for which reimbursement is requested is for work exclusively related to this project. G. In addition to STEP enforcement activities, maintain non-STEP NMSL enforcement citations at not less than the level attained prior to grant approval. H. Ensure that 90% of the enforcement hours worked under the grant are at STEP sites. 1. Ensure that each officer working on the STEP project will complete an officers daily report form that is approved by the Department. J. Ensure that no offices above the rank of Lieutgnant will be reimbursed for enforcement duty. K. Support the enforcement efforts with public information and education. L Ensure that only those roadways posted at 55 MPH and 65 MPH will be included in the operational Plan. M. Officers assigned to NMSL STEP should be trained in the use of radar or laser speed measurement dovices. N. Subgrantees with a Traffic Division will utilize trained traffic personnel for this grant unless such personnel are unavailable for assignment. NMSL.10/93 page 2 of 5 B V. RESPONSIBILITIES OF THE DEPAR774EWP_ fl. A. Monitor the Subgrantee's compliance wit: performancea~~.b obligations and fiscal requirements of this grant. B. Provide program management and technical assistance as appropriate. C. Reimburse the Subgrantee for all eligible costs as defined in Attachment B, Approved Project Budget. Requests for Reimbursement will be processed up to the maximum amount payable when submitted in the manner and within the time frames, as specified in Article 3. D. Perform an administrative evaluation of the project at the close of the giant period to include a review of adherence to budget, Action Plan and attainment of objectives. E. Conduct speed zone measurements at NMSL sites. VI. PERFORMANCE INDICATORS: The following performance indicators, when applicable, shall be included in each Performance Report, Annex Report., and summarized in the Administrative Evaluation: A. Number of NMSL STEP citations. B. Total number of DWI arrests, speed, safety belt, child restraint citations. C. Number of STEP enforcement hours worked. D. Percent of STEP enforcement hours at STEP sites (including transit time). E. Number of NM5L citations per enforcement hour. F. Number of public information and education activities (i.e., presentations, interviews, press releases). G. Maintenance of non-STEP NMSL citation activity. N. Compliance with NMSL at STEP sitec. NMSI,.10/93 page 3 of 5 i 4ee a,rw~ Agenda Na Agendalte ~ VII. QL'ERATIONAL PIAN• Nis - - 3 _ STEP SITE DESCRIPTION START OF END OF :3ITE (INCLUDE APPROXIMATE SHIFT SHIFT FUMBER LENGTH IN MILES) (DAY/TIME) (DAY/TIME) 1 I-35 N. CITY LIMIT TO I-35 SPLIT 7 DAYS/WF.KK 7 DAYS/WEBK 4 MILES 6:00 AM 12:00 HIDNIG9T I-35W S. CITY LIMIT TO 1-35 SAKE SAME 6 MILES 3 I-359 S. CITY LIMIT TO I-35 SAME SAME 6 MILES 4 3500 W US 380 TO CITY LIMIT SAME SAME 2.75 MILES 5 4000 E US 380 TO CITY LIMIT SAKE SAME 2.75 MILES 6 N. LOOP 288 FROM US 380 TO 1-35 SAME SAME 6 MILES 7 3800 BLOC! US 77 TO I-35 SAME SAME 2 MILES 8 4000 BLOCK rA 2181 TO CITY LIMIT SAME SANE 2.25 MILES EMS Subgrantee may work additional STEP enforcement hours on holidays or special events if these timos are not covered under shifts identified above. These additional hours must be described in the :project Performance Report. NMSL.10/93 page 4 of 5 i ACTION PLAN OBJECTIVES KEYS P e planned activity C e completed activity r o revised TASK1 To fulfill administrative and general grant requirements. PM 1 ACTIVITY RESPONSIBLE OC NO DE JA FE MR AP MY JN JL AU SE OC NO 1. Grant delivery meeting held. Department P 2. Requests for Reimbursement Subgrantee P P P P submitted, 13. Performance and Annex Reports Subgrantee P P P P P P P P P P P P submitted. 4. Grant progress review meeting. Subgrantee & P P P P Department 5. Conduct on-site monitoring Department P visit. 6. Submit cost assumption plan. Subgrantee P 7. Administrative Evaluation Subgrantee P submitted. 8. Conduct speed zone Department P P I measurements. j NMSL,10/93 page 5 of 5 s Q~ AgeadaNo _ Apendalia ~ WH ATTACHMENT Ad 1 APPROVED PROJECT BUDGET NATIONAL MAXIMUM SPEED LIMIT (NMSL) STEP CITY OF DENTON (Round figures SUBGRANTEE to nearest S) I. COST9: (100) A. ENFORCEMENT (overtime) 1. Traffic Officers: 840 hours @ 21.00 per hour e $ 17,64000 220 hours @ 25.50 per hour a $ 5,610.00 2. Sergeants: 3. Lieutenants: -0- hours @ -0- per hour w $ -0- (100) B. STTAFF grant D SUPERVIS RY SUPPORT (not to exceed 10% of 100 hours @ 25.50 per hour a $ 26550.00 1. Project Directors (overtime) 2. Clerk/data entry: -0- hours @ -0- per hour . S -0- SUBTOTAL A & 8 $ 25,800.00 (300) C. TRAVEL AND PER DIEM (actual costs not to exceed $ 200.00 state rates) TOTAL LABOR $ 26,000.00 II. OTHER DIRECT COSTS: (700) A. Mileage (not to exceed approved state rate) 16,000 miles @ .25 per mile - $ 4'000'00 -0- (700) B. Public Information and Education Materials $ (up to 5% of grant amount) TOTAL OTRER DIRECT $ 4.000.00 FUND SOURCES: Federal Funds (-75 Local Funds ( 25 30.000.00 $ 22x500.00 + $ 70500.00 p TOTAL (Art. 3. A., pg. 2 of 13) NMSL.10/93 Page 1 of 1 ~s A WaNo__ . . , A'1'I'ACIIMFN'Y C, AgegdaIlent ce 11,9 -~y STANDARD ASSURANCES iy The Subgrantee hereby assures and certifies that it will comply with the rego.lations, policies, guidelines, and requirements, including 4) CFR 18 and OMB Circular A-87, or OMB Circulars A-110 and A-21, or OMB Circulars A-110 and A•122, as they relate to the application, acc- ptanee, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies to the grant that: 1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing;and authorizing the person Identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and In accordance with Title Vl of that Act, no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will Immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the CH Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where (1) tied primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant-sided activity. 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (PL 91646) which provides for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. 5. It will comply with the provisions of the Batch Act which limit the political activity of employees. 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 7. It will establish safeguards to prohibit employees from using their positions for a purpose that Is or gives the appearance of being motivated ty a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. 10/93 Page I of 2 • STANDARD ASSURANCES, contimtCd ~1~"~~l 5 ry path ~ - 9~ 9. 11 will comply with all requirements imposed by the sponsoring agency concer jig speci,'] requirements of law, program requirements, and other administrative requirements. 10. It will insure that the facilities um+er its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EVA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to) be used in the project is under consideration for listing by the EPA. 11. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, PL 93.234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance 'n communities where such Insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been Identified by the Secretary of the Department of Housiag and Urban Development as an area having special flood hazards. The phrase "federal flna tcial assistance" includes any form of loan, grant, guaranty, insurance payment, reWe, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance. 12. It will assist the grantor agency in its compliance with Section 106 of the Nationtil Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (26 USC 469a-1;A aFW by (a) consulting with the State Historic Preservation Officer to conduct the Investigation, as necessary, to identify properties listed In or eligible for Inclusion In the National Register of Historic Places that are subject to adverse effects (see 36 CFR 800.8) by the activity, and notifying the federal grantor agency of the existence of any such propertles, and by (b) complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such properties. 13. It will comply with'fexas Civil Statutes, Art. 5996a, by insuring that no offrcer, employee, or member of the applicant's governing body or of the applicant's grant shall vote, or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. It will insure that all information colleted, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Texas Civil Statutes, Art. 6252-17a, unless otherwise expressly provided by law. It will comply with Texas Civil Statutes, Art. 6252.17, which requires all regular, special, or called treetings of governmental bodies to be open to the public, except as otherwise provided t•y law or specifically permitted in the Texas Constitution. 10/93 Page 2 of 2 Agenda No t=- AT'J'ACHMENT Ag©ndaltem-Ile n ~D X1.30 DEBARMENT CERTIFICATION D (1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals; (a) Are not presently debarred, suspended, proposed for debarment, declared Ineligible or voluntarily excluded from covered transactions by any federal departm.nt or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against then for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently Indicted for otherwise criminally or civilly charged by a federal state, or local governmental entity with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more federal state or local public transactions terminated for cause or default. (7) Where the SUBGRANTEE Is unable to certify to any of the statements in this certification, such SUBGRANTEE shall attach an explanation to this certification. ignature of Certifying Official CI'i'4 ~fYIA tiA4Q "mile Date 10/93 Page 1 of 1 I b 1l1WPD0C41R1$%kTEM.10U 4ar,~w -Q31c RESOLUTION NO. ~CL,f G /~z A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office for Places S, 8, and 9 on the Board of Directors of the North Texas Higher Education Authority, Ina., having expired; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That is hereby reap- pointed to Place 6 on the Board of Directors of the North Texas Higher Education Authority, inc. for a term commencing October 1, 1993, and continuing through September 30, 1995. SECTION II. That is hereby reap- pointed to Place 8 on the Board of D recce tore of the North Texas Higher Education Authority, Inc. for a term commencing October 1, 19931 and continuing through September 30, 1995. SECTION III. That is hereby reap- pointed to Place 9 on the Board of Directors of the North Texas Higher Education Authority, Ina. for a term commencing October 1, 1993, and continuing through September 30, 1995. SECTION IV. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY / l By --036 Higher Education Servicing Corporadon qdaNoAgo, " 201 S. Abeam, suite 800 AriinSm. Texas 76010.1196 (817) 265.9158 •e August 23, 1993 Honorable Bob Castleberry Denton City Council City of Denton 215 Bast McKinney Denton, Texas 76201 Dear Mayor Castleberry: At its August 23, 1993 meeting, the Board took action to nominate individuals to Places 6, 8, and 9 on the North Texas Higher Education Authority Board of Directors for the October 1, 1993 through September 30, 1995 term. The incumbents, Dr. Lindsay Keffer Place 6, and W. Jay Anderson - Place 8, and Mr. James Brock - Place 9, have expressed a willingness to serve another term= therefore, their names are respectfully submitted for the City Council's consideration for re-appointment. I will very much appreciate your notifying me of the action taken by the City Council on the nominees. Please extend our continued thanks to the individual CounW,1 members for their support of the Authority and its activities. Sincerely, 'Governor Jac son President GJ/bmc HANDOUT TO COUNCIL 9-14-93 WrY o/DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 XZKORANDUX TO: Honorable Mayor and Members of the City Council FROM: Son Fortune, Management Services Administrator DATES September 14, 1993 IUI~ SUBJECT: RESULTS OF COUNCIL BUDGET BALANCING Please, find the attached summary of the City Council budget balancing meeting held on September 7. The proposed General Fund revenues have increased to $29,293,393 which is $271,417 above the staff proposed amount of $29,021,976. Expenditures have increased to $29,859,943 which is $309,835 above the staff proposed amount of $29,550,108. Council suggested taking $566,550 from fund balance to help pay for expenditures. in addition, Council suggested lowering the. Ad Valorem tax rate $.0011 to $.7479 per $100 valuation. Also included is a summary of Utility Rates suggested by Council; Electric rates increase 3.2%, water rates increase 4%, and wastewater rates increase 13%. Residential Sanitation rates are expected to increase by $,50 while commercial rates increase by 74. The Landfill charge increases $.50 per cubic yard of Landfill disposal. Council suggested that the Sanitation Fund eliminate the Recycling Coordinator's position, the plastics recycling program, and the Cable T.V. Network, which reduces expenditures $89,182 (see attachment). If you need further information, please advise. Thank You. Jrilb ArT0494F 8171666.8200 DIFW METRO 434.2528 . 1993-94 BUDGET COUNCIL BUDGET BALANCING SEPTEMBER 79 1993 GENERAL FUND BALANCE deg nn ng aance ,77 7,773 Athletic Field Lighting Fee (17,000) Pallce/Flre Pay Increase (22,136) (21,363 Health Insurance to 14% 501000 28,637 Tuition Reimbursement 809'. (7,197) 21,440 MLK Recreation Specialist (30,144) (8,704) Human Services to Recommend (30,995) (39,699) Legal Services-Zoning Ord. 20,000 (19699) Court of Record (14,960) (79,659) Police Communications Equip. (45,000) Fire Communications Equip. 25,000) (104,659) Recycling Coordinator Position 47,845) (152,604) Recycling Coord. Support (3,873) (158,177) incentive Plus 76,704 (79,473) Fund Balance to 10% 38,414 (41,059) Sates Tax 04% 62 000 20941 Su Ott _ 41 Reduction In Tax Rate 20 9 BALANCE Staff Proposed Ad Valorem Tax Rate 0.7490 Reduction In Proposed Tar. Rate 0.0011 Council Suggested Ad Valorem Tax Rata 0.7479 Staff Proposed Revenues 29,021,976 Staff Proposed Expenditures 108 From Fund Balance (628,132 Council Suggested Revenues 28,293,393 Council Suggested Expenditures 29,859,943 From Fund Balance 668 550 C1+yyty,S,pqrylLwM, W41 Oyt WO it i 1993-94 BUDGET COUNCIL BUDGET BALANCING SEPTEMBER 7, 1993 UTILITIES INC(DEC] ectr o ates .2% Water Rates 4.0% Wastewater Rates 13.0% Sanitation Rates Residential $0.60 Commerical 7.0% Landfill (per cubic yard) $0.60 .11 SANITATION EXP Sanitation Proposed Budget 61087,000 Recycling Coordinator (44,748) 6,042,262 Plastics Recycling (38,934) 6,003,318 Cable T ,V. Network (6,600 4,997,018 ENDITURES 41997,818 Staff Proposed Revenues 6,094,000 Staff Proposed Expenditures 5,087,000 To Fund Balance 71000 Council Suggested Revenues 6,036,697 Council Suggested Expenditures 4,997,818 To Fund Balance 37,779 o~i~rM~tvm oriw I 1993-94 BUDGET COUNCIL BUDGET BALANCING SEPTEMBER 71 1993 REVENUES General Fund 29,293,393 Recreation Fund 500,709 General Debt Service Fund 6,008,897 Electric 69,108,000 Water 13,826,000 Wateswater 8,607,000 Sanitation 6,036,697 Working Capital 4,300,998 Motor Pool Fund 1,984,809 137,664,403 EXPENDITURES General Fund 29,859,943 Recreation Fund 499,474 General Debt Service Fund 6,166,815 Electric 68,982,000 Water 13,458,000 Wateswater 8,067,000 Sanitation 4,997,818 Working Capital 4,099,616 Motor Pool Fund 1,036,976 136,165,644 QhMMNI,ONiAINy,yAq OyIliA6 HANDOUT TO COUNCIL 9-14-93 ORDINANCL nu. AN ORDINANCE ACCEPTING A COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the purchase of necessary materials, equipment, 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 ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSi SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the best responsible bids for such items: BID ITEM NUMBER NO. VENDOR AMOUNT 1527 ALL Alexis Risk Mgmt Services $37,550 1528 la Rix Publishing & Printing $24,852 1528 1C RSK Publishing & Printing s 90000 1528 2 D.C. Graphics $ 10575 1528 3 Denton Record Chronicle $ 91CCo 1528 4 Denton Record Chronicle $ 91000 (251) Isla 5 Cocker Assoc. $ 750 1530 ALL Layne-Texas $45,310 1531 ALL Metro/Quip Inc $10,400 1532 ALL Butler & Land, Inc. $150392 1533 ALL Miller Business System $40,000 1539 ALL Hamon Power Services Inc. $530154 SECTION ii. That by the acceptance and approval of the above numbered items of the submitted bide, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. w ppv- SECTION III. That should the City and persons submitting rp' Proved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bidstautthe City horized Manager or the designated representative is hereby to execute written contract which shall be attached hereto= provided that the written contract is in aw and specified condicontainetions, the Bions, standards, quantities the Bid Proposal and related documents herein approved an accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure bids or pursuant to a written contract accordance with the approved made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme- diately upon its passage and approval. day of , 1993. PASSED AND APPROVED this BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BYi APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY$ HANDOUT TO COUNCIL TEXAS TRAFFIC SAFL1Y PROGRAl11 AGREEMENT 9-14-93 NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the Department and the Subgrantee do mutually agree as follows. AGREEMENT ARTICLE 1. FUNDING PERIOD This agreement becomes effective on October 1, 1993 or when fully executed by all parties hereto, whichever occurs later, and shall terminate on septeaber 30, 1994 unless termination occurs as provided for hereinafter. ARTICLE 2. RESPONSIBILITIES OF THE PARTIES The Subgrantee shat] undertake and complete the project as eescribed in Attachment A, Approved Project Description, and in accordance with all term, and conditions included hereinafter. The Department shall provide assistance as appropriate and as specified in said Attachment A. ARTICLE J. COMPENSATION A. The maximum amount payable under this agreement shall not exceed the amount of $ 12, 500.00 unless modified in writing through an amendment pursuant to Article 5. B. The method of payment for this agreement will be based on actual costs incurred up to and not to exceed the limits specified in Attachment B, Approved Project Budget, unless other methods of payment are specified as follows; 1, If Attachment B, Approved Project Budget, specifies that actual costs will be reimbursed, the amount included in the project budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph C hereunder. 2. If Attachment B, Approved Project Budget, specifies that costs are based on a specific rate, per-unit cost, or other method of payment, reimbursement will be based on the specified method. C. All payments made hereunder will be made In accordance with Attachment B, Approved Project Budget. The Subgrantee's expenditures may not exceed any budget category in the Approved Project Budget by an amount greater than 5% of the total budget without a written agreement amendment. The maximum amount payable shall not be increased as a result of exceeding a budget category without a written grant amendment. I D. To be eligible for reimbursement under this agreement, a cost must be incurred in accordance with Attachment B, Approved Project Budget, within the period specified in Article 1 above. t X Fcdcral Pass Through Grant Funds TxDo'r Misc. Con. No._ CFDA Numtser • 20.600 _ Sute Grant Funds Charge No.- VID No. 17560005146000 TEXAS TRAFFIC; SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS'S THIS AGREEMENT IS MADE BY AND BETWEEN THE STATE OF TEXAS, acting by and through the Texas D^partment of Transportation, hereinafter called the Department, and CITY OF DENTON , acting by and through its duly authorized officers, hereinafter called the Subgrantee. For the purpose of this agreement, the Subgrantee is designated as a(n) local governmat WITNESSFTI[ WHEREAS, the Department, as Grantee on behalf of the State of Texas, receives federal grant funds for implementation of the statewide traffic safety program mandated by Title 23, Section 402 of the Vnited State Code; and, WHEREAS, the Department administers these funds together with other funds which may be appropriated by the Texas Legislature or received from other sources, to develop cooperative agreements with qualifying agencies (subgrantees) which have identified traffic safety problems and have developed projects to address these problems; and, WHEREAS, Article 670Ij•I, Texas Civil Statutes, declares that the establishment ldcvelopment, and maintenance of a program of traffic safety in Texas is a vital governmental purpose and function of tine State and its legal and political subdivisions; and, WHEREAS, the Governor of Texas has named the Executive Director of the Department as the State's representative to administer the Texas Traffic Safety Program; and, WHEREAS, the Executive Director has formulated a program of projects for the current fiscal year called the Highway Safety Plan (HSP), and the United States Department of Transportation (US DOT) has approved the HSP and authorized the Department to proceed with Implementation in accordance with approved procedures; and, WHEREAS, the Department and the Subgrantee agree to implement a traffic safety project generally authorized in the HSP, said project described as a(n) OCCUPANT PROTECTION (OP) STEP 10193 Page I of 13 i TEXAS TILMIC SAHM' PROGRAM AGREEMENT E. Payment of costs incurred under this agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: 0 A-21, Cost Principles for Educational Institutions; a A-87, Cost Principles for State and Local Governments; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly requests for reimbursement, as designated in Attachment A, within 30 days after the end of the billing period. The Subgrantee will use billing statements ace:ptable to the Department. The original billing statement and one copy is to be submitted to the address shown on the last page of this agreement. 0. The Subgrantee agrees to submit the final request for payment under this agreement within sixty (60) days of the end of the grant period. H. The Department wili exercise all good faith to make payments within thirty days of receipt of properly prepared and documented requests for payment. M payments, however, are contingent upon the availability of appropriated funds. 1. Project agreements supported with federal funds are limited to the length of the agreement period and usually do not receive extended funding beyond three years. If both the Department and the Subgrantee agree that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the three year limit. To be eligible, the Subgrantee should have a cost assumption plan by the end of the first twelve months and us have a plan by the end of the thirty-sixth month of operation of the project. This plan will include a schedule for phasing in funding from its own resources and the phasing out of funding support from the Department. Ali plans must be approved by the Department before any extension beyond the three year limit will be. granted. Preference will be given to those projects for which the Subgrantee has assumed some tost sharing by the end of the first twelve months, and to those which propose to assume the largest percentage of subsequent project costs. Certain categories of funds may be exempted by the federal government from the time limit requirement. Unless exempted, all federally-funded agreements are considered to be subject to the time limit provision. Funding support for all state-funded projects will be limited to the term of the agreement. Any extension beyond that time will be negotiated on a me-by-case basis. ARTICLE 4. LIMITATION OF LIABILITY Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon the availability of funds. 10/93 Page 3 of 13 TEAS TRAFFIC SAFE'R' PROGRAM AGREEMENT If at any time during the agreement period the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate the agreement. Such termination will be conducted in such a mam,er that will minimize disruption to the Subgrantee and the Department, and as further specified in General Provision 09, Termination. The Subgrantee, if other than a State agency, shall be responsible for settlement of any and all claims and lawsuits by third parties arising from or incident to the Department's non-payment of the Subgrantee's claim under this agreement. The Subgrantee expressly acknowledges that its responsibility includes the payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the Department's non-payment of claims submitted under this agreement. Thd Subgrantee shall defend any suits brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department shall have the right at its option to participate in the defense of any suit, without relieving the Subgrantee of any obligation hereunder. ARTICLES. AGREEMENT AMENDMENTS If at any time during the agreement period the Department determines that additional funds are needed to continue the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize additional funds, if the Department and the Subgrantee determine to continue project funding. Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall be enacted by written amendment executed by both parties. The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is executed before the completion date specified in Article 1. ARTICLE 6. ADDITIONAL WORK _ If the Subgrantee Is of the opinion that any w,irk it has been directed to perform k beyond the scope of this agreement and constitutes addidonal work, the Subgrantee shall promptly notify the Department in writing. In the event tliat the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and provide compensation for doing this work on the same basis as the original work. If the compensation for the additional work will cause the maximum amount payable to be exceeded, a written amendment will be executed. Any amendment so executed must be approved within the agreement period specified in Article 1. ARTICLE 7. CHANGES IN WORK When the approved project description requires a completed work product, the Department will review the work as specified in the approved project description. If the Department finds it necessary to request changes in previously satisfactorily completed work or parts thereof, the Subgrantee will make such revisions as requested and directed by the Department. Such work will be considered as additional work and subject to the requirements established in Article 6. 10193 Page 4 of 13 r TEXAS TRAFFIC SAFi:IN PROGRAM AGREEMENT if the Department finds it necessary to require the Subgrantee to revise completed work to correct errors appearing therein, the Subgrantee shall make sucl corrections and no compensation will be paid for the corr:ctions. ARTICEE 8. GENERAL TERMS AND CONDITIONS G1. Indemnification To the extent permitted by law, the Subgrantee, if other than a State agency, shall save harmless the Department from all claims and liability due to the acts or omissions of the Subgrantee, its agents or employees. The Subgrantee also agrees to save harmless the Department from any and all expenses, including attorney fees, all court costs and awards for damages, incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents or employees. Further, to the c;,tent permitted by law, the Subgrantee, if other than a State agency, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to persc Zsl injuries and/or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee or the Department. G2. Inspection of Work The Department and, when federal funds are involved, the U. S. Department of Transportation, and any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any Inspection or evaluation is made on the premises of the Subgrantee or a subcontractor, the Subgrantee shall provide and requite his subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All Inspections and evaluations shall be performed in such a manner as will not unduly delay the work. G3. Disputes and Remedies The Subgrantee shall be responsible for the settlement of all contractual and administrative issc,: s arising out of procurement entered in support of agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement with the Executive Director acting as referee. This agreement shall not be considered as specifying the exclusive remedy for any dispute or violation or breach of agreement terms, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. 10/43 rage 5 of 13 i i 'lI:XAS TRAFFIC SAFELY PROGIUM AGREEMENT' G4. Noncollusion The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working for it, to solicit or secure this agreement, and that it has not paid ctr agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee. G.S. Reporting Not later than thirty days after the end of each reporting period, as designated in Attachment A, the Subgrantee shall submit a performance report using forms provided or approved by the Department. The performance report will include as a minimum (1) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives were not met, if appropriate, and (3) other pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. The Subgrantee shall submit the final performance report within 36 days after completion of the grant. The Subgrantee shall promptly advise the Department in writing of events which have a significant impact upon the agreement, including, 1. Problems, delays, or adverse conditions which wili materially affect the ability to attain program objectives, prevent the meeting of time schedules and objectives, or preclude the attainment of project work units by established time periods. This disclosure shall be accompanied by a statement of the action taken, or contemplated, and any Department or federal assistance needed to resolve the situation. 2. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or producing more work units than originally projected. G6. Records The Subgrantee agrees to maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred and work performed hereunder and shall make such materials available at its office during the agreement period and for three years from the date of the final performance report under the agreement. Such materials shall be made available during the specified period for Inspection by the Department, the U.S. Department of Transportation and the Office of the Inspector General, if the agreement is federally funded, and any of their authorized representatives for the purpose of making audits, examinations, excerpts, and transcriptions. The Subgrantee shall retain all records until final completion of any litigation. 10/03 Paot 6 of ! 1 e TEXAS TRAFFIC SAFEIY PROGRAM AGREEMENT 67. Audit The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, PL 93502, ensuring that the single audit report includes the coverage stipulated in the following, as appropriate: a Paragraphs ti, 8, and 9 of OMB Circular A-128, "Audits of State and I=] Governments," or, • OMB Circular A-133, "Audits of Institutions of FUgher Education and Other Nonprofit Institutions." G8. Subcontracts Any subcontract for professional services rendered by individuals or organizations not a part of the Subgrantee's organization shall not be executed without prior authorization and approval of the subcontract by the Department and, when federal funds are involved, the U.S. Department of Transportation. Subcontracts in excess of $25,000 shall contain all required provisions of this agreement. No subcontract will relieve the Subgrantee of its responsibility under this agreement. G9. Termination The Department may terminate this agreerent at any time before the date of completion whenever it is determined that the Subgrantee has failed to comply with the conditions of the agreement. The Department shall give written notice to the Subgrantee at least seven days prior to the effective date of termination and specify the effective date of termination and the reason for termination. If both parties to this agreement agree that the cc ntinuation of the agreement wdtild not produce beneficial results commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, including the effective date and the portion to be terminated. Upon termination of this agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, su.-veys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee shall, at the option of the Department, become the property of the Department. The Department shall compensate the Subgrantee for those eligible expenses incurred during the agreement period which are directly attributable to the completed portion of the work covered by this agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur new obligations for the terminated portion after the effective date of termination. n/qt pane 7 li 1 ff:\AS 1'11,wFIC SAFFIN pROGRAAt AGREEMENT 'lot I)e in default 11Y of this agreement Subgrantee h its terns (irtcluding I if such failure lses Except +ith aspect to de~iCti~m ncesubcontractors, 55 in the petfor of the work reason of any failure in p any failure by the Subgre control and without the defaultaor negligence of the a bsofnthe-trSuch out of causes beyond th quarantine . include but are not limited to acts of tractual capacity, oracity, of the Gres, public flublicoods, enemy epidemics, ncase, however, Government in either its sovereign or con cause; may, restrictions, strikes, freight embargoes, and unusually severe weather. In every the failure to perform must be beyond the control and without the fault or negligence of the Subgrantee. G10. Gratuities of who reasonably speaking Texas tnay do Transportatio bu n Commissionavors from policy any pmandateserson that doing business employees of with the Depatment shat not accept any exceptions benefits, gifts or siness with the Department under this agreement. The allowed are ordinary business lunches ivenDireccor.hat have received the advanced written approval of the Department's Any person doing b his as reerment may not make any offer of benefis,is ft sor favors to Department under g Department employees, except ast rin teItioned rntinauoneof~ih is agretementn the part of the Subgran e to adhere to this policy may GIL Compliance With Laws State and local laws, statutes, ordinances, rules The Subgrantee shall comply with all Federal, ithout limitation, and regulations, and th the der anmd n erof this agreement, inc udingt wrat ho bodies o n tribunals in any matter affecting pe salary e statutes and regulations, workers' compensation laws, minimum and maximum and wag and licensing laws and regulation - of itsncorequiredt the mpl ance therewith ntee shall furnish the Department with satisfactory proof G12, Successors and Assigns itself, its successors~ rlds The Department and the Su aB~a to this g element and to the suecessorscexecutorsgassigns and administrators to the other party in respect to all covenants of this agreement. The administrators of such other party Subgrantee shall not assign, sublet, or transfer its interest and obligations in this agreemen without written consent of the Department. G13, Ownership of Documents ared b the Subgrantee the Upon completion or termination of this agreement, all documents Prep by d become prepared to a or furnished to the S1ibglentee the Department phote tra shall hs,eal"lations, andnother data prep property of the Depattment. All !l sketches, p on Pequcst, to the restriction Department without theirnf uherause. up under ton orr lim anon ofshall Nee `i of I3 tnr~3 TEXAS TRAFFIC SAFE N' PROGRAM ACREEMENT G14. Resources The Subgrantee warrants that it presently has adequate qualified personnel in its employment for performance of services required under this agreement, or will be able to obtain such personnel from sources other than the Department. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, and supplies required to perform the work authorized herein. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent, or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. GIS. Property Management The Subgrantee shall establish and administer a system to control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards, as appropriate, In: • 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or, • OMB Circular A•110, "Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations." G16. Procurement Standards The Subgrantee shall maintain procurement standards which meet or exceed the requirements, as appropriate, of; • 49 CFR 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or, • OMB Circular A•110, 'Uniform Requirements for Grants to Universities, Hospitals, and Other Nonprofit Organizations:' G17. Insurance When directed by the Department, the Subgrantee, if other than a State agency, shall provide or shall require its subcontractors to secure a policy of insurance in the maximum statutory limits for tort liability, naming the Department as an additional insured under its terms. When so directed, the Subgrantee shall provide or shall require its subcontractor to furnish proof of insurance on TxDOT Form 20.102 (12/91) to the Department, and shall maintain the insurance during the grant period established in Article 1. 10193 Page 9 of 13 Tl.:\AS TRAFFIC S,11''1:TY PROGRAM AGREEMENT Gt8. Equal Employment Opportunity The Subgrantee agrees to comply with Executive Order 11246 entitled "Equal Employment Oppohunity as amended by Executive Order 11375 and as supplemented in Department of Labor Regulations (41 CFR 60). G19. Nondiscrimination During the performance of this agreement, the Subgrantee, its assigns and successors in interest, agrees as follows: 1. C ompltanee with Rpylatlons: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation, Title 49, Code of Federal Regulations, Part 21 and Title 23 , Code of Federal Regulations, Part 710.405(b), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. 2. Nondisc minatlon: The Subgrantee, with regard to the work performed by it during the agreement, shall not dircriminate on the grounds of race, color, sex, or national origin in the selection and retention of subcontractors, including procurement of materials and Imes of equipment. The Subgrantee shall not participeie either directly or indirectly in the discrimination prohibited by Section 21.5 and Part 710.405(b) of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Includint Procurement of Materiallyand Ecrulpment; In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or suppler shall be notified b the Subgrantee of the Subgrantee's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, sex, or national origin. 4. Information and Rcp~wts: The Subgrantee shall provide all Information and reports required by the Regulations, or directives issued pursuant thereto, and shall pzrmit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Department or the U.S. Department of Transportation to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the U.S. Department of Transportation as aopropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provisions of this agreement, the Department shall impose such sanctions as it or the U.S. Department of Transportation may determine to be appropriate, including but not limited to: 10/93 Cage 10 of 13 1 Y 1 1'F,x1S'IRAFFIC SAFEIV PROGIkAM AGR1:LA1F.~1' 1 withholding of payments to the Subgrantee under the agreement until the Subgrantee complies, and/or cancellation, termination, or suspension of the agreement in whole or in part 6. Incoroorntlon of Provisions: The Subgrantee shall include the provisions of paragraphs 1 through 6 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department y direct as a means of enforcing such provisions including sanctions for noncompliance; provided, however, that in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into such litigation to protect the interests of the Department; in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. G20. Minority Business Enterprise It is the policy of the U.S. Department of Transportation that Minority Business Enterprises as defined in 49 CFR 23, Subpart A, shall have the mWinum opportunity to participate in the performance of contracts financed ;n whole or In part with Federal funds. Consequently the Minority Business Enterprise requirements of 49 CFR. 23, exclusive of Subpart D, apply to this agreement as follows. 4 The Subgrantee agrees to insure tha! Minority Business Enterprises as defined in 49 CFR 23, Subpart A, have the maximum opportunity in the performance of contracts and subcontracts financed in whole or in part with Federal funds. In this regard, the Subgrantee shall take all necessary and reasonable steps in accordance with 49 CFR 23, exclusive of Subpart D, to insure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. 4 The Subgrantee and any subcontract, r shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts funded in whole or in part with Federal funds. These requirements shall be physically included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this agreement and, after the notification of the Department, may result in termination of the agreement by the Department or other such remedy as the Department deems appropriate. G21. Debarment/Suspension The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. 10/91 Page 11 of 13 - tttt■r w TEXAS TRAFFIC SAFETY PROGRANI AGREEMENT The Subgrantee shall require any party to a subcontract or purchase order awarded under this agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. G22. Signatory Warroaty The undersigned signatory for the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. G23. Assurances and Certification are accurate and currreentment and the The certification included in Attachment D n of this included agreement Attachment C o this 10/93 Page 12 of 13 TEXAS TRAFFIC SAFETY PROGRAM AGREEMENT IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED DUPLICATE COUI`,TERPARTS TO EFFECTUATE THIS AGREEMENT. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation CITY OF DEMTON Commission under the authority of Minute (Legal Name of Subgrantee] Order No. 82513 and Administrative Order 15.88 for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute . L %n'atur e] fSARRecL Order No. 100002. c' ame and Title] By Traffic Operations Engineer Date 8 .20 S Texas Department of Transportation ATTEST: Date (Signature] (Name and Title] Under authority of Ordinance or Resolution Number (For Local Governments/) L14496- 1JL"LJ Jr.t~3 Mailing Addresses For the purpose of this agreement, the following addresses shall be used to mail all required notices, reports, claims, and correspondence: For the Subgrantee: For the Texas Department of Transportation- CITY 01 DCMiON TCW NPAIM911'1 OF TRANSPORTATION 215 E. MCEINMEY P.O. BOX 3067 DP.NTON, TttW 76201 DALLAS, TEXAS 75221-3067 10/03 Page 13 of 13 ATTACHMENT A APPR~g PROJECT DESCRIPTION OCCUPANT PROTECTION SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (OP STEP) CITY Or DFIMN SUBGRANTEE I. A THORI2ATIONt This grant implements Task B of 94-04-02 of the FY94 Highway Safety Plan. II. PROBLEM STATEMENT: The State of Texas has had a Mandatory Use Law (MUL) for safety belts for the past 8 years. Since that time, Texas has seen safety belt use rise to among the highest levels in the country. In 1992, according to the Texas Transportation Institute (TTI), Texas A&M University, the percent of drivers restrained in 18 Texas urban cities was approximately 75.4%. A statewide weighted estimate of safety belt use for Texas in 1992 was 68.6%. The child passenger restraint law was implemented in 1984 for infants and children from birth to 4 years of age to protect them while riding in a car or light truck. According to TTI, the statewide usage rate for this age group in 1992 was 57.3%. The statewide qcal for FY 1994 is at least 75% safety belt use by drivers and front seat passengers and 70% safety seat or safety belt use by passengers from birth to 4 years of age. - The 1990 Save City/Save County Ranking for Drivers 4r Passengers 3 years of age) with no restraint appears in the annual Highway Safety Plan. A ranking for passengers under age 4 with no restraint is also included. Cities and counties are ranked with respect to the so-verity of the problem. This Subgrantee is on these lists with Weighted Ranking Numbers of 17 for Driver or Passenger (>3) and 47.5 for Passenger (<4). The Subgrantee has a safety belt use rate of 79 % and has a child passenger restraint use rate of UN[ This is the 3rd year the Subgrantee has received federal 402 fun as fo OP STEP. OP.10/93 page 1 of 6 111. OBJECTIVES: A. To increase safety belt use among drivers and front seat passengers by 2 percentage points and child passenger restraint use by 4 percentage points by the end of the grant period. B. To increase the total number of occupant protection citations issued by 2 % when compared to the total occupant protection citations issued for the previous 12 months. Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a police officer issue a specified or predetermined number of citations in pursuance of the Subgrantee's obligations hereunder. IV. RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out the objectives of this grant by implementing the operational Plan and the Action Plan in this attachment. B. Submit all, newly developed public information and education material for written approval from the Department prior to final production. Reproduction of National Highway Traffic Safety Administration or other governmental endorsed material is permissible without Department approval. C. An Administrative Evaluation summarizing all activities and accomplishments will be submitted on Department approved forms, no later than 45 days after the grant ending date. D. Attend meetings according to the following: 1. The Subgrantee will arrange for meetings with the Department no less than quarterly to present status of activities, discuss problems and schedule for the following quarter's work. 2. The project coordinator or other qualified person will be available to represent the Subgrantee at meetings requested by the Department. E. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the approval of the Department prior to the beginning of the trip. A copy of the documentation of that approval must accompany the Request for Reimbursement. Grant approval does not satisfy this requirement. F. Maintain verification that wages or salaries for which reimbursement is requested is for work exclusively related to this project. OP.10/93 page 2 of 6 a G. In addition to STEP enforcement activities, maintain non-STEP occupant protection enforcement citations at not less than the level attained prior to grant approval. H. Ensure that 90% of the enforcement hours worked under the grant are at STEP sites. 1. Ennure that each officer working on the STEP project will complete an officers daily report form that is approved by the Department. J. Ensure that no officer above the rank of Lieutenant will be reimbursed for enforcement duty. K. Support the enforcement efforts with public information and education. L. Officers assigned to OP STEP should be trained in the Occupant Protection Usage Enforcement course approved by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). M. Subgrantees with a Traffic Division will utilize trained traffic personnel for this grant unless such personnel are unavailable for assignment. V. RESPONSIBILITIES OF THE-DEPARTMENT A. Monitor the Subgrantee's compliance with performance obligations and fiscal requirements of this grant. B. Provide program management and technical assistance as appropriate. C. Reimburse the SubgrantAe for all eligible costs as defined in Attachment B, Approved Project Budget. Requests for Reimbursement will be processed up to the maximum amount payable when submitted in the manner and within the time frames, as specified in Article 3. D. Perform an administrative evaluation of the project at the close of the grant period to include a review of adherence to budget, Action Plan and attainment of objectives. VI. PERFORMANCE INDICATORS: The following performance indicators, when applicable, shall be included in each Performance Report, Annex Report, and summarized in the Administrative Evaluations A. Number of safety belt citations issued by OP STEP. OP.10/93 page 3 of 6 B. Number of child restraint citations issued by OP STEP. C. Total number of DWI arrests, speed, safety belt, child restraint citations. D. Percent of STEP enforcement hours at STEP sites (including transit time). E. Number of enforcement hours per safety belt/child restraint citation. F. Number of public information and education activities (i.e., presentations, interviews, press releases). 0. Number of Occupant Protection Violator Courses (OPVC) conducted. H. Number of OPVC attendees. 1. Maintenance of non-STEP safety belt and child restraint activity. a. Number of occupant protection surveys conducted. K. Percentage point change in observed safety belt and child restraint usage between pre and post surveys. L. Number of officers working OP STEP trained in the Occupant Protection Usage Enforcement (OPUE) course. .M. Number of officers working OP STEP. r VII. OPERATIONAL PLAN! KNUMBER P SITE DESCRIPTION START OF END OF E (LENG TH INCLUDE APPROXIMATE pSHITIME) (DAYITIME) INMILES) CITY WIDE 7 DAYS/VM 7 DAYS/W= DAYLIGHT HOURS I HM: Subgrantee may work additional STEP enforcement hours on holidays or special events if these times are not covered under shifts identified above. These additional hours must be described in the Project Performance Report. OP.10/93 page 5 of 6 ACTION ('TA gB3ECTIVE; gF~L*L P = planned activity C = completed activity r = revised TASK4 To fulfill administrative and general grant requirements. ACTIVITY RESPONSIBLE OC NO DE JA FE MR AP MY JN JL RE OC NO 1, Grant delivery meeting held. Department P 2. Requests for Reimbursement Subgrantee P P P P submitted, 3. Performance and Annex Reports Subgrantee P P P P P P P P P P P P submitted, 4. Grant 1--ogress review meeting. Subgrantee & P P P P Department 5. Conduct on-site monitoring Department P visit. 6. Submit 0112 months" data Subgrantee & p referenced in objective. Department 7. Submit cost assumption plan. Subgrantee P a. Administrative Evaluation Subgrantee P submitted. 9. Conduct belt use and child Subgrantee P P P restraint observations surveys. OP.10/93 page 6 of 6 y i ATrACIU*.NT U APPROVED PROJECT BUDGET OCCUPANT PROTECTION STEP CITY OF DEMON SUBGRANTEE (Round figures to nearest 1. LABOR COSTS' (100) A. ENFORCEMENT (overtime) 1. Traffic Officers: 144 hours @ 21.00 per hour a $ 15,624.00 2. Sergeants: 196 hours 1i 25.50 per hour - $ 4.998.00 3. Lieutenants: -0- hours @ -0- per hour d $ -0- (100) B. STAFF AND SUPERVISORY SUPPORT (not to exceed 10% of total grant amount) 1. Project Director: T00 hours @ 25.50 per hour o $ 2,550.00 (overtime) 2. Clerk/data entry: -0- hours @ -0- per hour a S_ -0- SUBTOTAL A & B $_23j172.00 (300) C. TRAVEL AND PER DIEM (actual costs not to exceed state rates) $ 28.00 TOTAL LABOR $ 23,200.00 It. OTHER DIRECT COSTS: (700) A. Mileage (not to exceed approved state rate) 7,200 miles @ _25_ per mile _ $ 11840.00 (700) B. Publia Information and Education Materials $ -0- (up to 5% of grant amount) TOTAL OTHER DIRECT $ 11800.00 XM SOURCES: Federal Funds ( 50 Local Funds ( 50 t) $ 120500.00 + $ 12,500.M m TOTAL $ 25,000.00 (Art. 3. A., pg. 2 of 13) OP.10/93 Page 1 of 1 K Al ]'ACIiK1LN I' C STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR 18 and OMB Circular A-87, or OMB Circulars A-110 and A-21, or OMB Circulars A-110 and A-122, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies to the grant that: 1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (PL 88-352) and in accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal rutancial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It wilt comply with Title V1 of the Civil Rights Act of 1964 (42 USC 20004) prohibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persops who are or should be benefiting from the grant-sided activity. 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (PL 91-646) which provides for fair rnd equitable treatment of persons displaced as a result of federal and federally assisted programs. 5. It will comply with the provisions of the Hatch Act which limit the political activity of employees. 6. It will comply with the mialmum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the sponsoring agency the access to and the right to examine all records, books, papers, or documents related to the grant. 10/93 Page 1 of 2 6 r STANDARil ASSt1lt,1NCi:S, continued 9. It wilf comply with all requirements imposed by the sponsoring agency concerning speci,il requirements of la+v, program requirements, and other administrative requirements. 10. It will insure that the facilities under its ownership, lease, or supervision which shall he utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 11, It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, PL 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance, 12. It will assist the grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (26 USC 469x•1 cl MJ by (a) consulting with the State Historic Preservalon Officer to conduct the investigation, as necessary, to identify properties listed in or eUgible for Inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR 800.8) by the activity, and notifying the federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such properties. 13. It will comply with Texas Civil Statutes, Art. 5996a, by insuring that no officer, employee, or member of the applicant's governing body or of the applicant's grant shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years prior to the election or appointment of the officer, employee, or governing body member related to such person In the prohibited degree. It will insure that all Information collected, assembled, or maintained by the applicant relative to this project shall be Pvallable to the public during normal business hours in compliance with Texas Civil Statutes, Art. 6252.17a, unless otherwise expressly provided by law. It will comply with Texas Civil Statutes, Art. 6252.17, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except ris othemise provided by law or specifically permitted in the Texas Constitution. l Pace 2 or 2 A-17ACHMENT D DEBARMENT CERTIFICATION (1) The SUBGRANTEE certifies to the best of its knowledge and belief, that it and its principals; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency, (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against then for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for otherwise criminally or civilly charged by a federal state, or local governmental entity with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more federal state or local public transactions terminated for cause or default. (2) Where the SUBGRANTEE is unable to certify to any of the statements in this certification, such SUBGRANTEE shall attach an explanation to this certification. Signature of Certifying Off! W ~~1'f'4 {Y}A-ntAAtiR. Title $-10,q 3 Date