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CITY
COUNCIL AGENDA PACKET
September 17, 1996
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AGENDA Agenda No.---! .-03
CITY OF DENTON CITY COUNCIL Agenda Iteem~
September 170 1996 Date= ' I
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Closed Meeting of the City of Denton City council on Tuesday,
September 17, 1996 at 5:45 p.m. in the Civil Defense Room of City
Hall, 215 E. McKinney, Denton, Texas, at which the following items
will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
CLOSED MEETING AT AVY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
1. Closed Meeting:
A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071
1. Consult with attorney regarding status and
strategies regarding RPS/Weber S Barnes v. City,
and consider mediation or settlement.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
1. Consider salary adjustments for the City Manager,
City Attorney and Municipal Judge.
r Regular Meeting of the City of Denton City Council on Tuesday,
September 17, 1996 at 7:00 p.m. in the Council Chambers of City
Hall, 215 E. McKinney, Denton, Texas at which the following items
will be considered:
1. Pledge of Allegiance
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A. U.S. Flag
i B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee,
Texas, one and indivisible."
2. Consider approval of the minutes of August 6, 1996.
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3. Consider approval of a resolution of appreciation for Joyce
Erwin.
4. Citizen Reports
A. Receive a citizen report from Lesa Kimbrough regarding
the need for day cares for special needs children
particularly those children with behavior problems.
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B. Receive a citizen report from David Zoitner on the Open
Meetings Act, secret gatherings of the Dell Fan Club, and
rebuttal to opinions given the Council by City Attorney.
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C. Receive a citizen report from Jeff Shephard regarding
employee issues.
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City of Denton City Council Agenda
September 17, 1996
Page 2
D. Receive a citizen report from Joe Dodd regarding the "TI
Shuffle".
E. Receive a citizen report from Dessio Goodson regarding
City government.
F. Receive a citizen report from Ross Melton, Jr. regarding
two law suits against the City and Open Records
violations.
5. Citizen Requests
A. Consider a request for exception to the noise ordinance
for a music festival on Sunday, October 6, 1996, from
12:00 noon until 12:00 midnight on the Texas Woman's
University Campus.
B. Consider a request for exception to the noise ordinance
for a memorial rodeo in memory of Codi Smith on October
2, 1996 from 7:00 p.m. to 12:00 midnight and on Sunday
October 27, 1996 from 2:00 p.m. to 10:00 p.m. at the
North Texas State Fairgrounds.
6. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance amending Divisions 2 and 4 of Article III if
Chapter 28 of the Code of Ordinance. (The Electrical
Code Board recommends approval.)
B. Hold a public hearing and consider adoption of an
ordinance to rezone 2.3549 acres from the Agricultural
(A) zoning district to the office (O) zoning district.
The subject property is located on the south side of I-
35E, approximately 500 feet west of Teasley Lane. (The
Planning and zoning commission recommends approval 6-1.)
7. 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 purchase orders to be approved for
payment under the Ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 8.A -
8.I.). 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. A citizen may not speak or fill out a "request
to speak" form on an item on the Consent Agenda unless the item is
City of Denton City Council Agenda
September 17, 1996
Page 3
removed from the Consent Agenda. The speaker shall be allowed to
speak and the item shall then be considered before approval of the
Consent Agenda.
A. Bids and Purchase Orders:
1. Bid 11923 - Police Uniforms
2. Bid 11932 - Janitorial Services
3. Bid 01937 - Capacitors
4. Bid 11946 - Steel Distribution Poles
5. Bid 11931 - Replace Waterline - Yorkshire
6. Bid 11936 - Intake Strucutre Dredging Project
7. Bid 11940 - Chisholm Trail Sanitary Sewer (Moncayo)
Houston Place
8. Bid 11941 - Houston Place Sanitary Sewer and
Waterline Replacement
9. Bid 11942 - Community Sidewalks - East Side of
Bolivar Street
10. RFSP 11907 - Integrated Distribution Management
System
11. P.O. 167657 - Integrated Computer System
12. P.O. 167658 - American Management Systems
13. RFSP 11914 - Customer Information and Utility
Billing Needs Study
B. Contracts
1. Denton County Amphitheatre Association
2. Denton Festival Foundation
3. Denton Black Chamber of Commerce
4. Denton Hispanic Chamber of Commerce
5. Denton Historic Landmark Commission
C. Budgets
1. Chamber of Commerce, Convention and Visitors Bureau
2. Denton County Historical Museum
3. Denton County Historical Foundation
4. North Texas State Fair Association
5. Greater Denton Arts Council
8. Consent Agenda Ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
7eq.Auipment, supplies or services. - Bid #1932, 7.A.3. - Bid (11937, 7.A i4. - Bid
11946)
B. Consider adoption of an ordinance accepting competitive
sealed proposals and awarding a contract for purchase of
materials, equipment, supplies or services. (7.A.10 -
RFSP 11907, 7.A.13. - RFSP 11914)
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September 17, 1996
Page 4
C. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. (7.A.5. - Bid 119310 7.A.6. - Bid
11936, 7.A.7. - Bid 11940, 7.A.8. - Bid 11941, 7.A.9. -
Bid 11942)
D. Consider adoption of an ordinance providing for the
expenditure of funds for purchases of materials or
equipment which are available from one source in
accordance with the provisions of state law exempting
such purchases from requirements of competitive bids.
(7.A.11 - P.O. 1676571 7.A.12. - P.O. 167658)
E. Consider adoption of an ordinance authorizing the Mayor
to execute an agreement between the City of Denton and
the Denton County Amphitheatre Association for the
payment and use of hotel tax revenue. (7.B.1.)
F. Consider adoption of an ordinance authorizing the Mayor
to execute an agreement between the City of Denton and
the Denton Festival Foundation for the payment and use of
hotel tax revenue. (7.B.2.)
G. Consider adoption of an ordinance authorizing the Mayor
to execute an agreement between the City of Denton and
the Denton Black Chamber of commerce for the payment and
use of hotel tax revenue. (7.B.3.)
H. Consider adoption of an ordinance authorizing the Mayor
to execute an agreement between the City of Denton and
the Denton Hispanic Chamber of Commerce for the payment
and use of hotel tax revenue. (7.B.4.)
I. Consider adoption of an ordinance authorizing the Mayor
to execute an agreement between the City of Denton and
the Denton Historic Landmark Commission for the payment
and use of hotel tax revenue. (7.B.5.)
9. Consent Agenda Resolutions
A. Consider approval of a resolution approving the fiscal
year 1997 budget of the Chamber of Commerce Convention
and Visitors Bureau for hotel occupancy tax funds,
pursuant to Chapter 351 of the Texas Tax Code. (7.C.1.)
B. Consider approval of a resolution approving the fiscal
year 1997 budget of the Denton County Historical Museum
for hotel occupancy tax funds, pursuant to Chapter 351 of
the Texas Tax Code. (7.C.2.)
C. Consider approval of a resolution approving the fiscal
year 1997 budget of the Denton County Historical
Foundation, Inc. for hotel occupancy tax funds, pursuant
to Chapter 351 of the Texas Tax Code. (7.C.3.)
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September 17, 1996
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D. Consider approval of a resolution approving the fiscal
year 1997 budget of the North Texas State Fair
Association for hotel occupancy tax funds, pursuant to
Chapter 351 of the Texas Tax Code. (7.C.4.)
E. Consider approval of a resolution approving the fiscal
year 1997 budget of the Greater Denton Arts Council for
hotel occupancy tax funds, pursuant to Chapter 351 of the
Texas Tax Code. (7.C.5.)
10. Ordinances
A. Consider adoption of an ordinance adopting the budget for
the City of Denton for the fiscal year beginning on
October 1, 1996, and ending on September 30, 1997.
B. Consider adoption of an ordinance levying the ad valorem
tax of the City of Denton, Texas, for the 1996, on all
taxable property within the corporate limits of the City
of January 1, 1996, 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; and providing for enforcement of collections.
C. Consider adoption of an ordinance approving the 1996 tax
rolls for the City of Denton.
D. Consider adoption of an ordinance amending Ordinance No.
91-055 relating to facility and program fees of the
Department of Parks and Recreation; and establishing user
fees for certain parks and recreation facilities.
E. Consider adoption of an ordinance amending the schedule
of electric rates contained in Ordinance 95-178; amending
the weekend rate (WK) ; amending the street lighting (LS)
rate; amending the dusk to dawn rate (DD); and amending
the energy cost adjustment rate (ECA).
F. Consider adoption of an ordinance amending the schedule
of water rates contained in ordinance 95-179 for water
service; and amending the Upper Trinity Regional Water
District Rate (WW1) per the contract.
G. Consider adoption of an ordinance amending the schedule
of wastewater rates contained in Ordinances 95-180, 96-
043, and 96-124 for wastewater service; amending the
residential wastewater service schedules (SR/SRW) ; and
amending the wholesale wastewater treatment rate (SSC).
H. Consider adoption of an ordinance amending the schedule
of rates for solid waste service contained in ordinance
95-181, as authorized by Chapter 24 of the code of
Ordinances of the City of Denton, Texas; amending the
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City of Denton City Council Agenda
September 171 1996
Page 6
rates for recycling service; adding a charge for brush
brought directly to the landfill; and amending the
charges for use of the landfill.
I. Consider adoption of an ordinance authorizing the City
Manager to execute a professional services agreement with
Resource Management International (PIRAI").
J. Consider adoption of an ordinance authorizing the City
Manager to execute an employment contract for
professional legal services with the law offices of Jim
Boyle.
K. Consider adoption of an ordinance approving and
authorizing the Mayor of the City of Denton to execute an
amendment to tho Power Sales Contract dated September 1,
1976, between the Texas Municipal Power Agency and the
cities of Bryan, Denton, Garland and Greenville; and
resolving other matters incidental and related thereto.
11. Resolutions
A. consider approval of a resolution approving budget
adjustments for fiscal year 1995-96.
B. Consider approval of a resolution adopting the Capital
Improvement Plan proposed by the Planning and zoning
commission.
C. Consider approval of a resolution approving the 1997
financial plan of the DENCO Area 9-1-1 District, pursuant
to the Texas Health and Safety Code, Chapter 772, as
amended.
D. Consider approval of a resolution authorizing the City
ofnTransportation Fe er 1 Transit Administration aforean
urbanized area formula grant authorized by 49 U.S.C.
Section 5307.
E. Consider approval of a resolution nominating individuals
to Places 2 and 4 on the North Texas Higher Education
Authority Board of Directors for the October 1, 1996
through September 30, 1998 term.
F. Consider approval of a resolution supporting legislation
to require the Texas Lottery Commission to return five
cents of every lottery sales dollar to the City of
Denton.
G. Consider approval of a resolution appointing a person to
the Economic Development Sales and Us? Tax Task Force to
replace a resigning member.
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City of Denton City Council Agenda
September 17, 1996
Page 7
12. Consider approval of a schedule for future City Council
meeting dates.
13. Consider nominations/ appointments to the City's Board and
commissions.
14. Vision Update
15. Miscellaneous matters from the City Manager.
16. Official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
17. New Business
This item provides a section for Council Members to suggest
items for future agendas.
18. Possible Continuation of Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
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 , 1996 at o'clock (a.m.)
(p.m.)
CITY SECRETAT''
NOTE: THE CITY OF DENTON 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.
ACCO033A
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Agenda Mo. ' 63
CITY OF DENTON CITY COUNCIL MINUTES Agenda Item Jz
August 6, 1996 Date_ YOM.,/ 7 - 94
The Council convened into a Closed Meeting on Tuesday, August 6,
1996 at 5:00 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. The Council considered the following in a Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Considered and discussed possible settlement of
City of Denton v. Karvouniaris.
2. Considered and discussed settlement offer resulting
from mediation in GTE v. City of Denton. et al.
3. Consulted with attorney on status of and litigation
strategies in RPS/Weber & Barnes v. City law!,uit~;.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT COVE
Sec. 551.074
The Council convened into a Regular Session on Tuesday, August 6,
1996 at 7:00 p.m. in the City Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tam Brock; Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance to the U.S. and Texas flags.
2. The Council considered approval of the minutes of June 18,
June 25 and July 2, 1996.
Beasley motioned, Young seconded to approve the minutes as
presented. On roll vote, Beasley "aye", Brock "aye", Cott "aye",
Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye".
Motion carried unanimously.
Mayor Miller presented Yard of the Month Awards to:
Dallas Drive Tech Center
Bill and Terri Cottrell
Linda and Foster Byrd
Thomas Ethan Allen Home Interiors
Sandy Proctor
Gary and Sherri McBee
City of Denton City Council Minutes
August 6, 1996
Page 2
Bill Watson, Chair-Keep Denton Beautiful, presented the Council
with the Proud Community Award from Keep Texas Beautiful.
3, Presentation of Keep Texas Beautiful Awards.
Mayor Miller presented awards to:
Native Plant Society-Trinity Forks Chapter-Certificate of
Merit for Civic organization
Marcus Cable - Media Award
Denton Municipal Utilities - Media Award
Claire Gates - Education Leadership Award
4. Citizen Reports
A. The Council received a citizen report from Nell Lights
regarding missing property.
Ms. Lights stated that she lived in the 500 block of East Prairie.
No one could tell her where her property line was located. She had
been told that house numbers were not used and that the deeds of
the property were used. Her plat indicated that she owned 516 and
512 through 514. Her deeds and the city's deeds did not match.
Her deed stated "lots" and the City's said "lot". She read the
City ordinance indicating how houses would be numbered on the
streets. There were also drainage problems and pollution from the
concrete company near her property. She needed to know where her
property was located.
Frank Robbins, Director of Planning and Development, stated Ms.
Lights had spoken with someone who lived on the north side of East
Prairie with an address of 514. He did not have any independent
knowledge of that. The house on the south side of East Prairie had
an address of 514. That was how that property was addressed.
Research of the documents provided by Ms. Lights indicated that all
her property was on the south side of East Prairie because of how
the property was platted. There was no indication that her
property was encroached on by the concrete company.
Council Member Young stated that the odd street numbers were on one
side of the street and the even numbers were on the other side.
Robbins stated that Ms, Lights indicated that she knew someone who
lived on the north side of East Prairie with an address of 514.
Council Member Young asked about polluted water from the concrete
plant.
Robbins stated that over the years the TNRCC had done tests which
revealed no violation in terms of pollution.
City of Denton city council minutes
August 6, 1996
Page 3
B. The Council received a citizen report from Joe Dodd
regarding the Dell Deal.
Mr. Dodd stated that the City, the County and DISD were suffering
from arrogance and stupidity. The condition started when the
Council's agenda indicated that Council was behind closed doors
discussing the acceptance of an assignment of property (TI). That
sounded like the City was going to become the landowners of TI.
That had to be discussed behind closed doors because other cities
would catch on to what Denton was doing and steal the idea. It had
been in the newspaper and other cities knew about it. One man, one
vote used to be a good concept to him for America. But when it
came to this development district, one man, one vote; one judge,
one clerk, all the same person, he was not sure it was such a good
idea. Was the one voter paid to live at TI? Did he pay rent? The
election was not in a pubic place but was held behind barbed wtro.
The election was not run by the county but rather by an Austin
lawfirm. He wanted to get in to see if he was a qualified voter
but the polling place was locked. There were no provisions for the
handicapped at the voting place. The ballot indicated for or
against the creation of Denton County Development District Number
one and the adoption of a proposed local sales and use tax rate of
one-half of one percent to be used for the promotion and
development of tourism. This was an abuse of the law and was not
about economic development. The law was being seriously abused.
He asked the Council to stop deliberating behind closed doors as it
appeared that the Council was doing something wrong.
5. Public Hearings
A. The Council held a public hearing with regard to the
proposed annexation of a 96.78 acre tract located north of Mingo
Road and west of Cooper Creek Road and gave staff direction. (A-
72)
Harry Persuad, Senior Planner, stated that EDS had applied to the
city for annexation. This was the first of the public hearings
regarding the annexation. In the southeast corner of the proposed
annexation was the Cooper Creek United Methodist Church which was
included in the annexation. He had spoken with the pastor of the
Church who indicated that he was not opposed to the annexation.
The Mayor opened the public hearing.
Don Lilly stated that EDS would appreciate the council's
consideration to the annexation of this tract of land.
Council Member Young asked what EDS planned to develop in the area.
Lilly indicated that EDS had not determined what the ultimate
zoning would be.
Council Member Young asked if EDS had talked with the Church.
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August 6, 1996
Page 4
Lilly replied no.
Persuad pointed out to the pastor that this tract might be zoned in
the future and that they would be notified so as to be able to
participate in the discussions.
Council Member Krueger asked why staff brought the church in the
annexation.
Persuad stated that it was done to avoid having a hole in the lines
of the city limits.
The Mayor closed the public hearing.
B. The Council held a public hearing with regard to the
proposed annexation of a 29.115 acre tract located north of Blagg
Road and east of Geesling Road and gave staff direction. (A-73).
Harry Persuad, Senior Planner, stated that this was the first
public hearing for this annexation. The City was proposing to
annex this tract. An annexation schedule had been sent to the
landowner in the area with appropriate notices in the newspaper.
The Mayor opened the public hearing.
No one spoke during the public hearing.
The Mayor closed the public hearing.
Mayor Pro Tem Brock asked if there had been any response to the
proposal from the landowner.
Persuad replied that a letter had been sent with no response. He
did receive a call from an adjacent landowner who did not object to
the annexation.
Mayor Pro Tem Brock asked if there was a possibility that the
landowner did not receive notification of the annexation.
Persuad replied he did not think that was a possibility but could
sent out future notices by certified mail.
Council Member Young expressed a concern regarding infrastructure
and the impact on fire and police services.
Persuad stated that the City was currently servicing the area in
the City limits on Mayhill Road. The City would provide services
according to State law.
Council Member Krueger asked how many houses were in the area.
Persuad stated that there currently were two single family homes
with the area platted for seven lots.
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August 6, 1996
Page 5
Council Member Krueger asked why the City was considering this
annexation.
Persuad stated that this site was platted and the platting
processing triggered an annexation study based on the Subdivision
Regulations. That study was done as presented to Council which
directed staff to proceed with the annexation process.
Consensus of the Council was to proceed with the annexation
process.
C. The Council held a public hearing and considered adoption
of an ordinance granting a Specific Use Permit (SUP) for remote off
street parking on Lot 11C, Infinity Strata Addition. The 11.5 acre
lot was adjacent to and north of the North Texas Fairgrounds on
Carroll Boulevard. (The Planning and zoning commission recommended
approval, 4-1.)
Frank Robbins, Director for Planning and Development, stated that
this was a specific use permit for off-street remote parking
adjacent to the North Texas Fairgrounds. Two replies were received
in opposition to the proposal. The individuals opposed to the
proposal were concerned about access to Strata. One condition
associated with the specific use permit was that there would be no
access to or from the site from Strata. The only access would be
the current access which was from `he church easement which went
from Carroll to the road on the Fairgrounds. There were a number
of criteria which had to be met for the specific use permit. The
Planning and Zoning commission recommended approval because the
criteria had been met.
Council Member Cott stated that he had had several people on Strata
request that there be no exit or entrance on Strata. There was a
fear that after the event people would speed through the area.
Robbins replied that a recommendation from the Planning and Zoning
commission was to not allow the use of Strata.
Council Member Young stated that the church did not have any
opposition to the use of the easement.
Robbins replied correct.
The Mayor opened the public hearing.
Fred Harper stated that he was in favor of the specific use permit.
This would be a convenience for the patrons using the Fairgrounds
and would provide better control of trucks and trailers in the
area. The area would have security and would relieve congestion in
the immediate area of the Fairgrounds. The Fair did not have any
desire for an entrance or exit on Strata Street.
Carol Ann Ganzer stated that several years ago the Fair had asked
for no parking around the Fairgrounds and adjacent streets. This
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August 6, 1996
Page 6
li proposal would help with the in the area. The Fai had ut
much money in trying to be a parking
neighbor and this was another
effort.
Pete Luney stated that as a member of Central Baptist Church he was
in opposition to the proposal. He did not want the property to be
misused. The easement was granted with the understanding that it
would be maintained. otherwise it would rescind back to the church.
He was opposed to the proposal unless the easement was fenced and
access would be through the Fairgrounds.
Council Member Beasley asked where the easement was located.
James Roden stated that the Fair did not own that property. It was
owned by others with a 30' wide easement north of the Fairgrounds
fence which was on church property. There was a culvert at the
back part of property. The Fair had been parking on that property
for the past 12 years as an attempt to bring vehicles off the
street to a confined area. The Fair hired all of the police
reserves to assist with the parking. There was a road which came
from the front to the middle of the property. That was done by the
landowners themselves.
Mayor Miller asked if the church access was used.
Roden stated that they never used that access. The vehicles were
brought into the Fairgrounds and then parked in the area.
Mayor Miller stated that there would be two entrances and exits to
the property.
Roden stated that they never wanted to use that property. Last
year they had an agreement with the pastor to park vehicles on the
front part of the church parking lot.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-171
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A
SPECIFIC USE PERMIT (5-209) FOR OFF STREET REMOTE PARKING,
LOCATED ON 11.503 ACRES OF PROPERTY ON THE WEST SIDE OF
CARROLL BOULEVARD AND NORTH OF THE FAIRGROUNDS, AND CURRENTLY
ZONED AS MULTIFAMILY-RESTRICTED (MF-R) AND MULTIFAMILY-ONE
(MF-1) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Krueger seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
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City of Denton city council minutes
August 6, 1996
Page 7
6. Consent Agenda
Council Member Young asked about the lease at the Airport. The
City owned the land and was leasing the land for farming.
Tom Shaw, Purchasing Agent, stated that the property was leased for
crop growing and agricultural purposes only.
Brock motioned, Young seconded to approve the Consent Agenda. On
roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye",
Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
A. Bids and Purchase Orders:
1. Bid 11869 - Health Insurance
2. Bid 01911 - Refuse Bags
3. Bid 01920 - Distribution Transformers
4. Bid 01921 - Articulated Wheel Loader
5. Bid 01922 - Construction of 4" Gravity Sewer at
Evers Park
6. Bid 01919 - Lease of Agricultural Land at Airport
7. P.O. 065431 - McNaughton Book Service
7. Consent Agenda Ordinances
The Council considered Consent Agenda Ordinances 7.A. - 7.D. Biles
motioned, Beasley seconded to adopt the Consent Agenda ordinances.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young 'aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
A. NO. 96-172
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - Bid 01869, 5.A.2. -
Bid 019110 5.A.3. - Bid 01920, 5.A.4. - Bid 01921)
B. NO. 96-173
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (5.A.5. - Bid 01922)
C. NO. 96-174
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE
AGREEMENT BETWEEN THE CITY OF DENTON AND TTS FARMING FOR
PROPERTY LOCATED AT THE CITY OF DENTON MUNICIPAL AIRPORT,
DENTON, TEXAS AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.6. -
Bid 01919)
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August 6, 1996
Page 8
D. NO. 96-175
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 PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE. (5.A.7. - P.O. 165431)
8. Ordinances
A. The Council considered adoption of an ordinance
temporarily prohibiting the parking of vehicles on both sides of
Carroll Boulevard from its intersection with Fain to its
intersection with Headlee, the west side of Denison Street from its
intersection with University to its intersection with Sherman
Drive, the east side of Denison Street from its intersection with
Sherman Drive to its intersection with Headlee Street, the west
side of Bolivar Street from its intersection with Sherman Drive to
its intersection with Fain, the south side of Ross Street from its
i
Bolivar ntersection with Carroll Boulevard to its intersection with
Street
to Strata
intersection with t Carroll north Boul vard of
intDrive from its
ersection with
Mesquite Street, and the north side of Fain Street from its
intersection with Carroll to its intersection with Bolivar Street
during the annual North Texas State Fair and Rodeo to be held from
August 16, 1996 through August 24, 1996.
Veronica Rolen, Administrative Assistant, stated that this
ordinance would provide temporary no parking around the North Texas
State Fairgrounds during August 16 - Aug 24.
The following ordnance was considered:
NO. 96-176
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, TEMPORARILY
PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF CARROLL
BOULEVARD FROM ITS INTERSECTION WITH FAIN STREET TO ITS
INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF DENISON
STREET FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS
INTERSECTION WITH SHERMAN DRIVE, THE EAST SIDE OF DENISON
STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS
INTERSECTION WITH HEADLEE STREET, THE WEST SIDE OF BOLIVAR
STREET FROM ITS INTERSECTION WITH SHERMAN DRIVE TO ITS
INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH j
BOLIVAR STREET, THE NORTH SIDE OF STRATA DRIVE FROM ITS
INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH
MESQUITE STREET, AND THE NORTH SIDE OF FAIN STREET FROM ITS
INTERSECTION WITH CARROLL BOULEVARD TO ITS INTERSECTION WITH
BOLIVAR STREET DURING THE ANNUAL NORTH TEXAS STATE FAIR AND
RODEO TO BE HELD FROM AUGUST 16, 1996 THROUGH AUGUST 24, 1996;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION
THEREOF; PROVIDING FOR A PENALTY NOT TO EXCEED TWO HUNDRED
DOLLARS; AND DECLARING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
August 6, 1996
Page 9
Brock motioned, Young seconded to adopt the ordinance. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
B. The Council considered adoption of an ordinance approving
the 1996 certified appraisal roll.
Jon Fortune, Chief Finance officer, stated this ordinance would
approve the certified 1996 appraisal value for the City.
Mayor Pro Tem Brock stated that the City had really no choice but
to approve the roll.
Fortune replied correct.
The following ordinance was considered:
NO. 96-177
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1996
APPRAISAL ROLL; AND PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"nay", Biles "aye", and Mayor Miller "aye". Motion carried with a
6-1 vote.
C. The Council considered adoption of an ordinance
authorizing the Mayor to execute the third addendum to the lease
between the City of Denton and the Denton Chamber of Commerce. A
Joseph Portugal, Assistant to the City Manager, stated that this
would be the third addendum to this lease between the City and the
Chamber of Commerce. This was a request from the Chamber in order
to complete renovations on the building.
The following ordinance was considered:
NO. 96-178
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE THIRD
ADDENDUM TO THE LEASE BETWEEN THE CITY OF DENTON AND THE
DENTON CHAMBER OF COMMERCE; PROVIDING FOR A SUBROGATION OF
MORTGAGEE CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
City of Denton city council minutes
August 6, 1996
Page to
9. Resolutions
the 1996-97h budget Council considered approval of a resolution approving
Jon Fortune, Chief Finance Officer, stated that at the last meeting
the Appraisal District had made a budget presentation to the
Council. The Texas Tax Code required approval of the budget within
30 days of presentation.
Council Member Beasley stated that the City would be paying less
this year due to the reduction of property taxeu due to the
approval of the one-half cent sales tax increase.
Mayor Pro Tem Brock asked what would happen if the City chose not
to approve the budget.
Fortune stated that it would take a majority of the taxing
jurisdictions to disapprove the budget before any official action.
The following resolution was considered:
NO. R96-033
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1996-
1997 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND
DECLARING AN EFFECTIVE DATE.
Beasley motioned, Krueger seconded to approve the resolution. On
roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye",
Young "nay", Biles "aye", and Mayor Miller "aye". Motion carried
with a 5-2 vote.
B. The Council consider approval of a resolution nominating
one member to the Board of Managers of the Denco Area 9-1-1
District.
Mike Jez, Chief of Police, stated that this resolution would
nominate one member to the Board of Managers of the Denco Area 9-1-
1. Don Franklin would be nominated by the City of Denton.
The following resolution was considered:
NO. R96-034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS
NOMINATING ONE MEMBER TO THE BOARD OF MANAGERS OF THE DENCO
AREA 9-1-1 DISTRICT; AND PROVIDING AN EFFECTIVE DATE.
Young motioned, Brock seconded to approve the resolution. on roll
vote, Beasley "aye", Brock "aye", Cott Itaye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
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City of Denton City Council Minutes
August 6, 1996
Page 11
C. The Council considered approval of a resolution
supporting Senate Bill 1021, the amendment of the Clean Air Act, to
extend the primary standard attainment date for moderate ozone
nonattainment areas, 1996-1998.
Joseph Portugal, Assistant to the City Manager, stated that Council
had reviewed this issue on July 23rd. Approval would support
Senate Bill 1021 which would extend the time frame for cities in
the north central Texas area to comply with the Clean Air Act for
two years.
The following resolution was considered:
NO. R96-035
A RESOLUTION OF THE CITY OF DENTON CITY COUNCIL SUPPORTING
SENATE BILL 1021 THE AMENDMENT OF THE CLEAN AIR ACT TO EXTEND
THE PRIMARY STANDARD ATTAINMENT DATE FOR MODERATE OZONE
NONATTAINMENT AREAS; AND PROVIDING FOR AN EFFECTIVE DATE.
Young motioned, Biles seconded to approve the resolution. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
D. The Council considered approval of a resolution
authorizing the execution of an agreement between the City of
Denton and the Texas Department of Transportation accepting
electronic equipment to aid the Police Department in accident
investigation.
Mike Jez, Chief of Police, stated that this agreement would be with
the Texas Department of Transportation for equipment to use in
accident investigation and would include computer equipment, models
and programs. This equipment would assist it clearance times at
the scene of major accidents, reduce congestion and improve traffic
flaw, reduce air pollution and improve air quality, aid in
maintaining free and clear roadways, enhance the quality of
accident investigations and reduce time spent on an investigation
of an accident. The Transportation Department would provide the
necessary computer equipment, instrumentation and software and
training. The City was eligible for this equipment because it
participated in a traffic control program in the past.
The following resolution was considered:
NO. R96-036
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE
TEXAS DEPARTMENT OF TRANSPORTATION ACCEPTING ELECTRONIC
EQUIPMENT TO AID THE POLICE DEPARTMENT IN ACCIDENT
INVESTIGATION; AND PROVIDING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
August 6, 1996
Page 12
Young motioned, Biles seconded to approve the resolution. On roll
vote, Beasley 'laye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
E. The council considered approval of a resolution
authorizing the City Manager to submit an amendment to the 1996
Action Plan for Housing and Community Development submitted on June
31 1996 to the U. S. Department of Housing and Urban Development
with appropriate certifications, as authorized and required by the
Housing and Community Development Act of 1974, as amended and the
National Affordable Act of 1990, as amended.
Frank Robbins, Director for Planning and Development, presented the
recommendations from the Community Development Advisory Committee
for the unprogrammed funds. The Committee was not recommending the
funding of a stage at the Fred Moore Park. Council could move
unprogrammed funds to that item if so desired.
Mayor Miller asked if the Council moved funds for a stage, would it
be an acceptable submission to HUD.
Robbins replied correct.
The following resolution was considered:
NO. R96-037
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN
AMENDMENT TO THE 1996 ACTION PLAN FOR HOUSING AND COMMUNITY
DEVELOPMENT SUBMITTED ON JUNE 31 1996 TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT WITH APPROPRIATE
CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED; AND THE
NATIONAL, HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN
EFFECTIVE DATE.
Biles motioned, Young seconded to approve the proposed budget with
the exception that $45,000 be moved for a Fred Moore Park activity
stage and allow $2,500 to remain as unprogrammed funds.
Mayor Pro Tem Brock asked if the $45,000 was in addition to the
$7,500 already allocated for the stage.
Mayor Miller replied no that the $7,500 was rolled back into the
budget. The proposed allocation would include that money.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
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City of Denton City Council Minutes
August 6, 1996
Page 13
10. Submission of the certified collection rate.
Jon Fortune, Chief Finance Officer, stated that for the purposes of
calculating the tax rate for next year, the City was certifying a
100% collection rate of taxes for both debt service and for
operating and maintenance. To date, the 1995 collection rate was
at 98.2% collections.
11. Submission of the effective tax rate and rollback tax rate.
Jon Fortune, Chief Finance Officer, stated that the effective tax
rate was the rate which would generate the same amount of revenue
next year as this year on the same property. The effective rate
would be $.5314 per $100 value. The notice in hearing rate would
be $.5473 which was highest rate allowed before additional notices
would have to be made to the public. The rollback rate was the
highest rate which the Council could adopt before boing subjected
to a rollback election. That rate would be $.5576 per $100
valuation. The proposed budget tax rate $.5309 which was below the
effective rate.
12. The Council considered nominations/appointments to the City's
Boards and Commissions.
Mayor Miller stated that Council would vote on those nominations
made at the last meeting.
Animal Shelter Advisory Board - Mary BendLick. On roll vote,
Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye",
Biles "aye", and Mayor Miller "aye". Motion carried unanimously.
Data Processing Advisory Board - Lisa Green, Vicki McCombs and
Maurine Saringer. On roll vote, Beasley "aye", Brock "aye", Cott
"aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller
"aye". Motion carried unanimously.
Traffic Safety Commission - Art Seely, Jr. On roll vote, Beasley
"aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
Mayor Miller asked if Council would like to consider amending the
rules to allow for nominations and voting on those nominations at
this meeting.
Krueger motioned, Biles seconded to waive the rules to allow for
nominations and voting on those nominations at this meeting. On
roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye",
Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
Animal Shelter Advisory Board - Mayor Pro Tem nominated Amanda
Casey. On roles vote, Beasley "aye", Brock "aye", Cott "aye",
Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye".
Motion carried unanimously.
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City of Denton City Council Minutes
August 6, 1996
Page 14
Cable T.V. Advisory Board - Council Member Biles nominated Juanita
Johnson. On roll vote, Beasley "aye", Brock "aye", Cott "aye",
Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye".
Motion carried unanimously.
Electrical Code Board - Council Member Cott nominated Fred Harper.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"ayes', Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
Plumbing and Mechanical Code Board - Council Member Young nominated
Frank Cunningham. On roll vote, Beasley "aye", Brock "aye", Cott
"aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller
"aye". Motion carried unanimously.
Sign Board of Appeals - Council Member Biles nominated Bill Allen.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
13. Vision Update
Council Member Beasley stated that the Vision Cabinet met last week
and decided to meet quarterly beginning in September. The
brochures for Vision were completed and were being distributed.
14. Miscellaneous matters from the City Manager.
City Manager Benavides did not have any items for Council.
15. Official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
Biles motioned, Young seconded to direct the City Attorney to
proceed in the Weber-Barnes/RPS litigation as discussed and
proposed in Executive Session. On roll vote, Beasley "aye", Brock
"aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and
Mayor Miller "aye". Motion carried unanimously.
16. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Young requested a response be sent to
Aaron Brody regarding Sycamore Street.
B. Mayor Pro Tem Brock requested a written report regarding
the situation on Sycamore Street.
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City of Denton City Council Minutes
August 6, 1996
Page 15
With no further business the meeting was adjourned at 8:55 P.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC0032C
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ADenda No, 39
9
Agenda Ile '3 _
RESOLUTION Dale 7-17-96
in appreciation of
"Joyce Ervin"
WHEREAS, on August 31, 1996, Joyce Erwin retired, after serving
with the City of Denton since August 23, 1979; and
WHEREAS, during the past 17 years, Joyce Erwin has represented our
City as an example of a quality service employee; and
WHEREAS, the City of Denton has been fortunate in having enjoyed
the dedicated and outstanding service of Joyce Erwin and
wish to recognize same;
WHEREAS, Joyce Erwin has always served above and beyond the
efficient discharge of her duties in promoting the
welfare and prosperity of the City, and has earned the
full respect of her fellow employees, colleagues and
citizens of Denton;
NOW, THEREFORE, BE IT RESOLVED:
That the sincere and warm appreciation of Joyce Erwin
felt by the citizens and officers of the City of Denton,
be formally conveyed to her in a permanent manner by
recording this Resolution upon the official minutes of
the City Council of the City of Denton, Texas and
forwarding to Joyce Erwin a true copy thereof as a token
of our appreciation.
PASSED AND APPROVED this day of
1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT PROUTY, CITY ATTORNEY
BY:
APPOOBDF
{
AganEdt No. ~o - ~3
Agenda item
. Date
CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • 7EL0fr~ of the city Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: September 17, 1996
SUBJECT: Request For Exception to the Noise Ordinance for a Music
Festival on Sunday, October 6, 1996, from 12:00 noon
until 12:00 midnight on the Texas Woman's University
Campus.
BACKGROUND
Ms. Theodora Barry, President of TWU's SALGA, has requested that
the City Council grant an exception to the noise ordinance for the
use of amplified sound for a Music Festival on Sunday, October 6,
1996 (Attachment 1). The contest is scheduled to take place on the
TWU Campus in front of Hubbard Hall from 12:00 noon until 12:00
midnight (Attachment 2).
As you know, the noise ordinance declares loudspeakers, afterfiers,
and musical instruments a noise nuisance, pu
P.M. Monday through Saturday and anytime or. Sunday (Attachment 2) .
The ordinance does, however, provide that the City Council may make
exceptions when the public interest is served.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Area Residents.
FISCAL IMPACT:
None.
Please advise if I can provide additional information.
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'Dedicated to Quality Service'
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September 17, 1996
Page 2
RESPECTFULLY SUBMITTED:
Ted Benavides
City Manager
Prepared By:
Veronica S. Rolen
Administrative Assistant II
Approved By:
Pos p Por tugastant to the City Manager
Attachments: 1. Request from Theodora Barry
2. Site Map
3. Noise ordinance
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September 17, 1996
Page 3
Veronica Rolen
City Managers Office
215 McKinney
Denton, TX 76201
Dear Veronica:
This letter is to request a position on the City Council Meeting agenda for September 17, 1996.
We are a TWU student organization and are interested in having a music festival on campus
October 6, 1996, This would include music to be played outdoors from approximately noon to
midnight on this day, It is our understanding that the City Council can provide special permission
for holding such an event on a Sunday in Denton.
Thank you for your attention on our event. 1 can be reached at 891-1472 or Dee Cisco on
campus at 898-3316.
Sincerely,
Theodora Barry
President of SALGA
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September 17, 1996
Page 4
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September 17, 1996
Page 5
Chapter 20
NUISANCES'
Art. I. In General, If 20.1-20.30
Art. 11. Abandoned Property, If 20.31-20.70 ,
Div. 1. Generally, If 20.31-20.40
Div. 2. Motor Vehicles, If 20.41-20.70
Art. III. Grace and Weedy, Of 20.71-20673
ARTICLE I, IN GENERAL
See. 20.1. Noise.
(a) It sh311 be unlawful for any person to make or cause any unreasonably loud, dis-
turbing, unnecessary noise which causes or may cause material distreu, discomfort or injury
to persons of ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawful for any person to make or cause any nose of such character,
intensity and continued duration as to substantially interfere with the comfortable enjoyment
of private homes by persons of ordinary sensibilities.
(c) The following acts, among others, arc declared to be noise nuisances in violation of this
Code, but such enumsmtion shall not be deemed to be exclusive:
{1) The pia/ingof any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10:00 p.m. and 7.00
a.m., ae to annoy or disturb the quiet, comfort or repose of persons of ordinary sen-
sibilities in any dwelling, hotel or other type or residence;
(2) The use of any stationaryloudspeaker, amplifier or musical instrument in such manner
or with such volume u to annoy or disturb persons of ordinary sensibilities in the
immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7:00
a.m., or the operation of such loudspeaker, amplifier or musical instrument at any
time on Sunday, provided, however, that the city council may -Lake exceptions upon
application when the public interest wilkbe served thereby;
(3) The blowing of any ateam whistle attached to any stationary boiler or the blowing of
any other loud or far-reaching steam whistle within the city limits, except to give
notice of the time to begin or stop work or as a warning of danger,
14) The erection, excavation, demolition, alteration or repair work on any building at any
time other than between the hours of 7:00 a.m. and 8:30 p.m., Monday through
'Cross references-Protected migratory bird roosts declared nuisance. 16-87; inspection
and abatement warrants, 119-66 at seq.; insect and rodent control in mobile home and rec-
reational vshich, parks, 13291.
Supp. No. 1 1389
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September 17, 1996
P age 6
120-1 DENTON CODE
Saturday; provided, however, that the city council may issue special permits for such
work at other hours in can of urgent necessity and in the interest of public safety and
convenience;
(5) The creation of any loud and excessive noise in connection with the loading or un•
loading of any vehicle or the opening or destruction of bales, boxes, crates or con•
tainers;
(6) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of aotses to any performance, show, theatre,
motion picture house, We of merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto.
(Code 1966, 44 14.20, 14.21)
Cross reference-Animal noise, 16.26.
Sec. 20•2. Odors.
(a) It shall bee unlawful for any person to create or cause any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawtW for any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substarttiaUy Interfere with the comfortable t
enjoyment of private homes by persons of ordinary sensibilities.
(c1 The following acts or conditions, among others, are declared to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed to be exclusive:
(1) Offensive odors from cow lots, hog pens, fowl coops and other similar places where
animals are kept or fed which disturb the comfort and repo" of persons of ordinary
sensibilities;
(2) Offensive odors from privies and other sinWa plaom,
(3) Offensive odors from the use or possession of cbemlals or hom industrial processes or
activities which disturb the comfort and repose of persons of ordinary sensibilities;
(4) Offensive odors i5om smoke from the burning of trash, rubbish, rubber, chemicals or
other things or substances;
(S) Offeoslve odors from stagnant pools allowed to remain on any premises or from
rotting prbap, raAtas, offal or dead animals on any prowlses.
(Code 1966, ff 14.222, 14.23)
Sec. 20.3, GarbsSe, trash and wbblah nuisances-Generally.
(a) Storing or Aeeping sasbap, trash and rubbish. The storing or keeping of any and all
stacks, heaps or piles of old lumber, refuse, junk, old can or machinery or parts thereof,
garbage, trash, rubbisb, scrap material, ruins, demolished or partly de mollshsd structures or
buildings, piles of stones, brick& or broken rocks on any premises bordering any public street
lupp. No 1 1390
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Agenda No, 94 -ca
Agenda item
iD Oate
CITY OF DENTON, TEX,49 MUNICIPAL BUILDING DENTON, TEXAS 76201 • TELEPHONE 817 566-8307
Office of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: September 17, 1996
SUBJECT: Request for Exception to the Noise Ordinance for a
Memorial Rodeo in Memory of Codi Smith on Saturday,
October 26, 1996, from 7:00 p.m. to 12:00 midnight and on
Sunday, October 27, 1996, from 2:00 p.m. to 10:00 p.m. at
the North Texas State Fair Grounds.
BACKGROUND:
Mark Foster representing Cowboys for Codi, Inc. has requested that
the City Council grant an exception to the noise ordinance for the
use of amplified sound for a Memorial Rodeo in memory of Codi
Smith. The contest is scheduled to take place on Saturday, October
26, 1996 from 7:00 p.m. to 12:00 midnight and on Sunday, October
27, 1996, from 2:00 p.m. - 10:00 p.m. at the North Texas State Fair
Grounds.
As you know, the noise ordinance declares loudspeakers, amplifiers,
and musical instruments a noise nuisance, particularly after 10:00
p.m. Monday through Saturday and anytime on Sunday (Attachment 2).
The ordinance does, however, provide that the City Council may make
exceptions when the public interest is served.
Codi Smith was a sixteen year old high school student at Denton
West who died on August 4, 1996, after an accident involving a
drunk driver. The organizers indicate they have intentions of
making this an annual event to benefit many young people and
hopefully make more teens aware of the danger of using alcohol and
drugs.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Area residents.
"Dedicated to Quality Service"
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September 17, 1996
Page 2
FISCAL IMPACT:
None.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED:
Ted Benavides
City Manager
Prepared By:
Veronica S. Rolen
Administrative Assistant II
Approved By:
oseph Portugal
Assistant to the City Manager
from Cowboys for Codi
Attachments: 1. R -,aeMap
3. Noise ordinance
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September 17, 1996
Page 3
DENTON CITY COUNCIL August 29, 1996
City Secretary Veronica Rolen
215 East McKinney
Denton, Texas
RE: Cowboys for Codi, Inc, Memorial Rod,.-a,
Cowboys for Codi is writing to ask to be put on the September 17th Denton City Council
agenda. The purpose is to have the noise variance lifted for two specific days. We are planning
a rodeo and dance to be hcld October 26 and 27 at the North Texas State Fair Grounds.
This rodeo is in memory of CODI SMITH, who was a sixteen year old high school student at
Denton West. Codi was taken from us on August 4, 1996 at 12:20 AM while driving home on
FM 428 in Aubrey. A drunk driver was the cause of Codi departing our world. CODI SMITH
was Dentons very own 95' Denton Roundup Club Queen, 96' Denton County Livestock Queen,
96' Denton FFA Sweetheart, 96' Denton Rodeo Team Queen and a 96' North Texas High School
Rodeo Queen Contestant. As you can sec Codi's life was rodeo, so what better way to
remember her by and hopefully reach out to other young adults than through the Cowboys for
Codi, Inc Memorial Rodeo.
There are strong intentions of this rodeo becoming an annual event in Denton. This rodeo
will benefit many young people and hopefully make more teeas aware of the danger of using
alcohol and drugs. Please consider Saturday October 26,1996 7:00-12:00 PM and Sunday
October 27, 1996 2:00-10.00 PM for the noise variance to be lifted for this special cause. There
are plans for a dance to be held in conjunction with the rodeo on Saturday night in memory of
Codi.
THANK YOU in advance for enabling us to hold the 1st ANNUAL COWBOYS for CODI,
INC. MEMORIAI, RODEO.
FRIENDS OF CODI SMITH DENTON FFA DENTON RODEO TEAM
Renee Kennemer James Robert Lambert Melva Akins
Jim Jones Brain Noles Deanna Rutledge
THE SMITH FAMILY
Roger, Karlene and Britni Smith
COWBOYS for CODI, INC. MEMORIAL RODEO P.O. Box 1115 DEMON, TEXAS 76202
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September 17, 1996
Page 5
Chapter 20
NUISANCES'
Art. 1. In General, If 20.1-20.30
Art. 11. Abandoned Property, If 20.31-2070 ,
Div. 1. Generally, if 20.31-20.40
Div. 2. Motor Vehicles, if 20.41-2070
Art. M. Gram and Weeds, if 207I-2073
ARTICLE I. IN GENERAL
Sec. 201. Noise.
41 It shall be unlawful for any person to make or cause any unreasonably loud, dis•
turbing, unnecessary noise which causes or may cause material distress, diammfort or injury
to persons of ordinary sensibilities in the immediate vicinity thereof.
ib1 it shall be unlawful for any person to make or cause any noise of such character,
intensity and continued duration as to substantially interfere with the comfortable enjoyment
of private homes by persons of ordinary sensibilities.
Ic1 The following acts, amongothers, are declared to be noise nuisances in violation of this
Code, but such enumeration shall not be deemed to be exclusive:
f11 The playing of any phonograph, television, radio or any musical instrument in such
manner or with such volume, particularly between the hours of 10:00 p.m. and 7.00
a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sen-
sibilities in any dwelling, hotel or other type or residence;
(2) The use of any stationary loudspeaker, amplifier or musical instrument in such manner
or with such volume as to annoy or disturb persons of ordinary sensibilities in the
immediate vicinity thereof, particularly between the hours of 10,00 p.m. and 7:00
a.m., or the operation of such loudspeaker, amplifier or musical instrument at any
time on Sunday; provided, however, that the city council may make exceptions upon
application when the public interest willrbe served thereby;
(3) The blowing of any steam whistle attached to any stationary boiler or the blowing of
any other loud or far-reaching steam whistle within the city limits, except to give
notice of the time to begin or stop work or eu a warning of danger,
(4) The erection, excavatfon, demolition, alteration or repair work on any building at any
time other than between the hours of 7:00 a.m. and 8:30 p.m., Monday through
•Crom refortnem-Protected migratory bird roosts declared nuisance, 1887; inspection
and abatement warrants, 4 19.86 at ssq.; insect and rodent control in mobile home and rec•
reational vehicle parks, 132-91.
supp. No. 1 1389
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SJeeptember 17, 1996
9e
120-1 DENTON CODE
Saturday; provided, however, that the city council may issue special permits for such
work at other hours in case of urgent necessity and in the interest of public safety and
convenience;
(5) The creation of any loud and excessive noise in connection with the loading or un•
loading of any vehicle or the opening or destruction of bales, boxes, crates or con.
tamers;
(6) The use of any drum, loudspeaker or other instrument or device for the purpose of
attracting attention by the creation of noises to any performance, show, theatre,
motion picture house, sale of merchandise or display which causes crowds or people to
block or congregate upon the sidewalks or streets near or adjacent thereto.
(Code 1966, ff 14.20, 14.21)
Cross reference-Animal noise, 16-28.
Sec. 20.2. Odor.
(a) It shall be' unlawM for any
to create or cause
person any unreasonably noxious,
unpleasant or strong odor which causes material distress, discomfort or injury to persons of
ordinary sensibilities in the immediate vicinity thereof.
(b) It shall be unlawfbl for any person to create or cause any odor, stench or smell of such
character, strength or continued duration as to substantially interfere with the comfortable t
enjoyment of private homes by persons of ordinary sensibilities.
(c) The following acts or conditi6a, among others, are dechu*d to be odor nuisances in
violation of this Code, but such enumeration shall not be deemed to be exclusive.
(1) Ofrensive, odors from cow lots, hog pens, fowl coops and other similar places where
animals are kept or fed which disturb the comfort and repose of persons of ordinary
sensibilities;
(2) Offensive odors from privies and other simils• places;
(3) Offensive odors from the use or poeasseion of ebemicala or lFom industrial processes or
activities which disturb the comfort and repose of persons of ordinary sensibilities,
(4) Offensive odors from smoke trom the burning of trsrh, rubbiab, rubber, chemicals or
other things e!•eubetaaoee;
(5) Offensive odors from stagnant pools allowed to remain on any premiss or from
rotdag PAW, re&m offal or dead aniraala on any prrmisa.
(Code 1988, Of 14.22, 14.21)
See. 20.3. Garbass, teals AM rubbish nalsaaws-Generally.
(a) Storing or keeping g4r6W, trash and rubbish. The storing or keeping of any and all
stacks, heaps or piles of old lumber, refuse, junk, old tyre or machinery or parts thereof,
garbage, trash, rubbish, snap material, ruins, demolished or partly demolished structures or
buildings, piles of stona, bricks or broken rocks on any premim bordering any public street
supp. No 1 1390
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Agenda Nn. 60 9
Agenda Ile 61
Date 7
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Beravides, City Manager
DATE: September 17, 1996
SUBJECT: DIVISIONS 2 AND 4 OF ARTICLE III OF CHAPTER 28 OF THE CODE OF
ORDINANCES
RECOMMENDATION;
The Electrical Code Board recommends Divisions 2 and 4 of Article III of Chapter 28 of the Code of
Ordinances be amended to allow nationally standardized electrical testing by approving the Southern
Building Code Congress International (SBCCI) as the testing authority for the City of Denton.
SUMMARY;
Before an electrician may be issued a permit, the electrician must be licensed to do the electrical work
being permitted. Licensing entails passing an exam. The City of Denton currently administers a
local exam. Most cities in the metroplex either now or are moving to electrical license testing in
Dallas and Arlington by SBCCI. This ordinance would eliminate the local exam, and Denton would
begin participating in the SBCCI testing program. Denton currently has reciprocal agreements with
other cities which enables electricians licensed in Denton to work in other cities. Staff thinks this will
be an easier process for electricians, ie. take one test and have reciprocal privileges throughout the
metroplex.
BACKGROUND:
The Electrical Code Board has reviewed and unanimously recommended this change. The staff also
thinks this is a better way to help the electricians. Staff recommends approval of the ordinance.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Building Inspection Division and electricians.
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City Council Report
Page 2
FISCAL IMPACT:
Reduction of approximately $1,200 due to loss of examination fees.
RESPECTFULLY SUBMITTED:
Prepared by: Ted Benavides, City Manager
Frank H. Ro bins, AICP
Director Planning and Development
Attachments:
1. Draft ordinance.
2. Electrical Code Board Minutes.
3• Participating Jurisdictions.
4. Testing dates and locations.
5. Revenue.
AAA0478D {
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a Ae l ecawA. o rd
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING DIVISIONS 2 AND
4 OF ARTICLE III OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE
CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSE, AND
DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS:
SECTION 1. That Division 2 of Article III of Chapter 28 of
the Code of ordinances of the City of Denton, Texas is hereby
amended to read as follows; except as otherwise noted in brackets,
all provisions of this division not specifically changed herein
shall remain intact and in full force and effect:
DIVISION 2. ELECTRICAL INSPECTOR
Sec. 28-81. Office created; qualifications.
(a) There shall be an electrical inspector for the
city who shall be appointed by the building official,
subject to the approval of the city manager.
(b) The electrical inspector shall be a competent
electrician well versed in the provisions of this
article, the electrical code adopted in this article and
generally accepted trade practices.
Sec. 28-82. Powers and duties.
(a) it shall be the duty of the electrical inspector
to enforce the provisions of this article and to keep a
record of all electrical wiring and apparatus inspected
by him.
(b) The electrical inspector shall be given free and
prompt access to any place of public accommodation for
the inspection of any electrical wiring or apparatus
within the city, and it shall be unlawful for any person
to interfere with or hinder the electrical inspector
while he is acting in the line of duty.
(section (c) is deleted)
SECTION II. That Division 4 of Article III of Chapter 28 of
the Code of Ordinances of the City of Denton, Texas is hereby
amended to read as follows; except as otherwise noted in brackets,
all provisions of this division not specifically changed herein
shall remain intact and in full force and effect:
3.
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DIVISION 4. LICENSES, PERMITS AND INSPECTIONS
Bec. 28-111. License-Required.
(a) It shall be unlawful for any person to install
electric wiring or apparatus or to make any repairs,
alterations or changes to electric wiring or apparatus
used in connection with electric lighting, heating,
power, or signage unless such person shall have previous-
ly obtained a master or journeyman electrician's license,
or residential wireman's license, or master or journeyman
sign electrician's license from the building official of
the city or unless such person is a bona fide employee
working under the direct supervision of a licensed
electrician or a licensed residential wireman or a
licensed sign electrician.
(section (b) is deleted]
Sea. 28-112. Same-Examination.
(a) To obtain a master or journeyman electrician's
license, residential wireman's license, or a master or
journeyman sign electrician's license, an application
shall be made in writing through the office of the
building official of the city. The application shall
show the applicant's name and such other information as
prescribed by the Building Inspection Division.
(b) There shall be two (2)' types of electrical
licenses, electrician and sign electrician.
(1) Electrician. There shall be three (3) classi-
fications of electrician's licenses. Master,
Journeyman, and Residential Wireman.
(a) Master Electrician. 1•n applicant for a
master electrician's license shall show
evidence of having had at least five (5)
years experience in the installation,
repair and maintenance of electrical
equipment, wiring and apparatus, or expe-
rience considered equivalent thereto by
the building official. Applicants shall
furnish the name and address of former
employers, dates of employment and in
what capacity, proof of which shall he
furnished in a manner satisfactory to the
building official. A master electri-
cian's license permits the licensee to
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Perform any electrical work permitted by
this Code.
(b) Journeyman Electrician. An applicant for
a journeyman electrician's license shall
show evidence of having had at least
three (3) years experience in the instal-
lation, repair and maintenance of elec-
trical equipment, wiring and apparatus
and/or experience considered equivalent
thereto by the building official. Appli-
cants shall furnish the name and address
of former employers dates of employment
and in what capacity, proof of which
shall be furnished in a manner satisfac-
tory to the building official. A Jour-
neyman electrician's license permits the
licensee, under the supervision of a per-
son holding a valid City of Denton master
electrician's license to perform any work
permitted by this coda.
(c) Residential wireman. An applicant for a
residential wireman electrician's license
shall show eviden,^e of having had at
least eighteen (18) months experience in
the installation, repair and maintenance
of electrical equipment, wiring and appa-
ratus and/or experience considered equiv-
alent thereto by the building official.
Applicants 'shall furnish the name and
address of former employers, dates of
employment and in what capacity, proof of
which shall be furnished in a manner
sa'.isfactory to the building official.. A
residential wireman electrician's licepse
permits the licensee, under the supervi-
sion of a person holding a valid City of
Denton master electrician's license, to
gleffamily and wiring
dwellings snot
exceeding three (3) floors above grade.
(c) Sign electricians. There shall be two (2)
classifications of sign electrician's licenses, master
and journeyman,
(1) Master Sign Electrician. An applicant for a
master sign electrician's license shall show
evidence of having had at least five (5) years
experience in the installation, repair, and
maintenance of electrical sign equipment,
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wiring and apparatus and/or experience consid-
ered equivalent thereto by the building offi-
cial. Applicants shall furnish the name and
address of former employers, dates of employ-
ment and in what capacity, proof of which
shall be furnished in a manner satisfactory to
the building official. A master sign electri-
cian's license permits the licensee to perform
certain wiring associated with the installa-
tion, repair, maintenance, or alteration of a
sign. This wiring shill be limited to wiring
beyond the final overcurrent protective device
serving the sign.
(2) Journeyman Sign Electrician. An applicant for
a journeyman sign electrician's license shall
show evidence of having had at least three (3)
years experience in the installation, repair
and maintenance of electrical sign equipment,
wiring and apparatus and/or experience consid-
ered equivalent thereto by the building offi-
cial. Applicants shall furnish the name and
address of former employers, dates of employ-
ment and in what capacity, proof of which
shall be furnished in a manner satisfactory to
the building official. A journeyman sign
electrician's license permits the licensee to
perform certain wiring associated with the
installation, repair, maintenance, or alter-
ation of a sign-under the supervision of a
person,holding a valid master electrician's or
master sign electrician's license. This wiring
shall be limited to wiring beyond the final
overcurrent protective device serving the
sign.
(d) Every holder of a master electrician, journeyman
electrician, residential wireman electrician, master sign
electrician, or a journeyman sign electrician's license
shall carry his registration card on his person at all
times while doing electrical work in the city and shall
produce and exhibit it when requested by any inspector or
officer of the city.
(e) The City of renton is a participant in the Texas
Standard Electrical Contractor Examination Program
administered by the Southern Building Code Congress
International, inc. All applicants who have successfully
completed this examination will be eligible for an
electrical license issued by the City of Denton pending
verification of experience as required in section 287112,
subsection (b).
6,
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Section 28-113. same-gees
(a) Licensing fee. A licensing fee established by
the city council and on file in the office of the city
secretary shall be paid at the time of license issuance.
(b) Renewal fee. A fee established b
council and on file in the office of the city secretary
shall be paid annually by each holder of a master
electrician's license, journeyman electrician's license,
residential wireman's license, master sign electrician's
license, or journeyman sign electrician's license for the
renewal of the license.
Section 28-114. same-Issuance; term.
(a) Each applicant for a license required by this
division who has successfully completed the required
examination and is approved by the building official
shall be issued a master or journeyman electrician's
license or a master or journeyman sign electrician's
license or a residential wireman's license by the
building official upon payment of the required fees.
"(b) License renewal fees are due each January 1, but
may be paid on or before the following February 1 without
payment of a delinquency fee. After February 1, a license
which has lapsed not more than one (1) year, from
December 31, may be renewed upon payment of a delinquency
fee established by the city council and on file in the
office of the city secretary, in addition to the normal
renewal fee. A license which has lapsed for more than one
(1) year shall not be renewable.
See. 28-115. Same-Revocation.
Any fail}tre on the part of the holder of a master
electrician's license or a master sign electrician's
license or any employee working under him to comply with
the provisions of any ordinance of the city regulating
the installation, repairing, changing or altering of any
electrical wiring or apparatus, after careful review by
the electrical cote board, may be deemed to be sufficient
cause for revokinc{ the license, together with all rights
and privileges thereunder.
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sec. 28-116. Recognition of licenses or certificates of
registration from other cities.
(a) Conditions of recognition. An electrician
holding a current valid license or certificate of
registration in another city may apply for and receive a
similar license or certificate of registration in this
city without taking an examination, provided the follow-
ing conditions are met:
(1) The applicant shall submit evidence satisfac-
tory to the building official that he has been
the holder of a similar license in a city from
which he is reciprocating for a period of at
least twelve (12) months. The twelve (12)
months shall not apply to applicants that have
successfully completed the required Texas
17tandard Electrical Contractor Examination.
The applicants license or certificate of
registration shall have been issued under
conditions not less restrictive than required
by this article for issuance of an electri-
cian's license in the City of Denton. Electri-
cians licensed in the City of Denton under
similar conditions would be permitted to apply
for and receive a similar license or certifi-
cate of registration in such other cities
under reciprocal conditions.
(2) The applicant shall pay, in advance, the same
fees required for a particular license set
forth in section 28-213 and comply with all
other requirements of the city electrical
code.
(b) Fee. An electrician or sign electrician licensed
in the city seeking a license in another city with which
the city has reciprocity shall pay a fee established by
the city council and on file in the office of the city
secretary for the issuance of a reciprocal letter to such
other city.
See. 28-117. Contractor's license.
(a) in addition to the requirements contained in
section 28-118, any partnership, association, firm,
corporation or individual desiring to engage in the
business of installing, repairing, changing or altering
any electrical wiring or apparatus shall first obtain a
contractor's license from the building official of the
city. A contractor's license fee established by the.city
council and on file in the office of the city secretary
00,
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shall be paid at the time of issuance of such license.
Contractor's licenses expire on December 31 of each year,
and a renewal fee established by the city council and on
file in the office of the city secretary must be paid
before the contractor can obtain additional permits.
(b) A contractor's license shall not be issued to
anyone who is not the holder of a valid city master
electrician's license or a valid city master sign
electrician's license unless he has in his employ a
properly licensed master electrician or a master sign
electrician. A contractor's license shall become invalid
when there is no longer a master electrician or a master
sign electrician employed by the partnership, associa-
tion, firm, company, corporation or individual.
Sec. 28-118. Chief electrician for businesses.
(a) Appointment required. Any partnership, associa-
tion, firm, company, corporation or individual desiring
to engage in the business of installing, repairing,
changing or altering any electrical wiring or apparatus
shall first appoint a chief electrician whose name and
address shall be on file with the city and who shall
obtain a master electrician's license or a master sign
electrician's license before any such partnership,
association, firm, company, corporation or individual
shall be authorized to engage in such business in the
city.
(b) Responsibility. Each chief electrician shall be
fully responsible for the work of all employees of the
partnership, association, firm, company or corporation
and shall be directly liable for all damages, injuries or
violations of law arising-from the work of such employ-
ees.
[sections 28-119 through 28-122 remain unchanged]
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 held 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.
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immediately x~ That this ordinance shall become effective
Y upon its passage and approval,
PASSED AND APPROVED this the day of , 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
B _
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ATTACHMENT 2
MINUTES
ELECTRICAi,-CODE-BOARD
JANUARY 31, 1996 3:00 P.M.
Members present: John Hardinger; Chair, Doug Grantham; Vice-Chair
Robert Hicks, Fred Reed, Greg Mitchell; Building Inspection Staff
Members absent: Don Fox, Terry Schertz, Perry McNeill
Item 2. Approve minutes of December 13, 1995
Motion made by Grantham to approve the minutes of
December 13, 1995 as written. Seconded by Hicks:
Motion carried unanimously
Item
Z• Elect a chair and vice-chair
Motion by Feed to elect John Hardinger as Chair of t2;e
Electrical Code Board. Seconded by Hicks: no discussion
Motion carried unanimously
Motion by Hardinger to elect Grantham as Vice-Chair to
the Electrical Code Board. Seconded by Reed: no
discussion Motion carried unanimously
Item 3. Continue the review of the 1996 National Electrical Code
Mitchell began with a brief summary of where the Board
was in its review.
Mitchell suggested that the Board continue viewing the video on
changes to the Electrical Code.
Hardinger agreed.
After viewing the video Mitchell asked if there were any questions
or concerns regarding p;:oposed changes.
Hardinger stated that the new change to•section 300-11(a)
would cause _corisiderable problems as well as .cha73enges for
contractors.
Grantham agreed, but also acknowledged that electricians have been
utilizing the ceiling wires in a fashion that put the integrity of
the ceiling in question.
Raed agreed that it may be a problem but it is needed and should
not be deleted from the code.
Mitchell stated that many of the changes that were in the video
would be of no impact to electrical contractors. Mitchell told the
board that staff would support the adoption of the 1996 National
Electrical Code as written with one exception. Mitchell stated that
the new Section 505 regarding the wiring methods for hazardous
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locations should be deleted. Thenew section is currently '
appeal with the N-F.P.A. Board Of-Da, rectors and that it caused more
confusion for an already confusing section of the
Hardinger asked what would code.
this section. be the specific problems associated with
Mitchell stated that under the new section 505 that an engineered
designed electrical installation for haz reclassified to a less restrictive occupancy ous areas could be
states the re • The code already
deviate from them woe ld cause confusion for b th the inspe tors and
Z•lan reviewers, hat to
installations The City of Denton requires that these types of
be engineered s currently and that an ections 501, 502, 503 by section
electrical system regardless 505 would result is a less s safe
s if It i5 engineered or not.
Hardinger agreed and suggested that the board remove Article 505
from the 1996 National Electrical code.
Reed stated he would be in favor of deleting Article 505 also.
Hardinger suggested chat the Board move on to the local amendments
and vote later on the deletion of this Article.
Mitchell told the Board that the amendments that were
pertain mainly to the use of aluminum wire. Section given to '(c)
dealing with the installation of romex_throug$ return air plenums
been amended to allow both vertical and horizontal installation
without the use of a sleevin Plenums
g device.
Grantham agreed that amendment' should stay as written.
Hardinger also was in favor of this amendment,
section 305-6(a) was amended Hardinger asked when
receptacles on construction sites. to allow non-GFCI
protected
Mitchell stated he was not sure of the.date
amendment for quite some time. Mitchell but a had been e
• inspectors had suggested deleting this also
receptacles on all construction sites tmendment and reed that the
requiring GFCI
Grantham Y the code is written.
nuisance stated that this was originally amended because
what the tripping and that he would be in of
code said.
favor of returning to
Reed mentioned that he was unaware of any contractors
GFCI protected cords as required by the amendment.
providing
Hardinger said all of his cords are e
but he had yet to see any plumbers or otherecraftsmenCsu
own GFCI protected cords. Protection
amendment. He said he was in favor of deletingtthis
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Hicks stated. he would support -returning to what the National
Electrical Code required.
A motion was made by Grantham to delete item 10 from Section 28-62
of the Code of Ordinances.
Seconded by Hicks
No discussion
Motion carried unanimously.
Motion was made by Reed to maintain the current amendments 1
through 9 in Section 28-62 and that staff would update the correct
section numbers where they had changed.
Seconded by Hicks
Discussion: Hardinger asked what section numbers had changed?
Mitchell stated that only #4 had any changed and those changes were
to delete the No.l an No.2 from the first paragraph and delete the
heading Exception No.1: Grounded Systems and to delete the heading
Exception No.2: ungrounded systems. This was simply a matter of
consolidating the exceptions into one part without the use of
exception numbers and 2 with each having subsections.
No further discussion
Motion carried unanimously to maintain the current amendments 1
through 9 of Section 28-62 of The Code of Ordinances•as amended for
new section identification.
Mitchell stated to the Board that it was th+j opinion of the
Building Inspection Staff that the City of Denton stop giving
electrical exams a•0 join other cities participating in the
S.B.C.C.I. program.
Hardinger stated he had been a long time proponent of this exam and
would recommend the city begin participating in the S.B.C.C.I.
program.
Hicks asked what impact this would have on local electricians.
Mitchell stated that there would be no negative impact to any local
electricians other than traveling to the metroplex to take the
exam. However, this would offset by the ability to take the exam
twice a month.
Motion by Grantham that The City of Denton atop giving local
electrical exams and enter into an agreement with S.B.C.C.I. to
administer all electrical exams and that the city would recognize
any person who has passed a particular S.B.C.C.I. exam as meeting
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the testing requirements for that particular license in The City of '
Denton.
Seconded by Hardinger.
No discussion.
Motion carried unanimously
Motion was made by Hardinger to delete Article 505 from the 1996
National Electrical Code.
Seconded by Hicks
No discussion
Motion carried unanimously.
Motion by Hardinger to adopt the 1996 National Electrical code as
amended.
Seconded by Grantham. No discussion
Motion carried unanimously.
Item 4'. New Silsiness
No new business.
Motion by Reed to adjourn.'
Seconded by Hicks
carried unanimously.
Meeting adjourned at 4:35 P.M.
~y
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ATTACHMENT 3
NORTH CENTRAL TEXAS DIVISION
PARTICIPATING JURISDICTIONS
The following is a current listing of the jurisdictions participating in the North Central Texas
Division of the Texas Standard Electrical Examination Program. This listing Is subject to
change as additional jurisdictions enter the program. Candidates, upon passing an examina-
tion, will be sent an updated list of the participating jurisdictions where they may apply for
licensing.
Addison Forney McKinney
Allen Fort Worth Mesquite
Arlington Frisco Milford
Balch Springs Garland North Richland H:'Is
Bartonville Glen Rose Plano
Carrollton Granbury Richardson
Cedar Hill Grand Prairie Richland Hills
Crowley Irving Rockwall
Dallas Lake Dallas Sachse
Desoto Lancaster Sanger
Everman Lewisville Southlake
Farmer's Branch Stephenville
Ferris West Tawakoni
Wylie
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PARTICIPATING JURISDICTIONS
The following is a list of the participating jurisdictions in the Texas Standard Electrical
Contractor Testing Program. This listing is subject to change as additional Jurisdictions enter
the program. Candidates, upon passing an examination, will be sent an updated list of the par-
ticipating jurisdictions where they may apply for licensing.
Abilene Katy Richmond
Alamo Kaufman Richwood
Alice Kemah Rosenberg
Andrews Kingsville Round Rock
Athens LaMarque Rusk
Bastrop LaPorte San Angelo
Baytown Laredo San Juan
Beaumont League City San Marcos
Bellaire Liberty San Saba
Beliville Longview Seabrook
Big Spring Lufkin Sealy
Bonham Manvel Sherman
Brady Marshall Shoreacres
Bridge City McAllen South Houston
Brownwood Meadows Southslde Place
College Station Mission Stafford
Dayton Missouri City Sugar Land
Deer Park Nacogdoches Taylor Lake Village
Dickinson Nassau Bay Texas City
Donna Nederland Tyler
Edinburg New Baunfels Victoria
EI Lago Odessa Vidor
El Paso Orange Webster
Fort Stockton Palestine Weslaco
Freeport Pasadena West University Place
Friendswood Pearland Wharton
Gonzales
Groves
Harlingen
Henderson
Humble
Huntsville
Jacksonville
/C,
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ATTACHMENT 4
TEST DATES/LOCATIONS
Please check below-your first and second cholc s for the date anti A.va In which you
would like to tect, place a 1 in the box beside your first choice and a 2 In the box beside 1~our
second holce. Every effort will be made to accommodate your selection on a first come, first
served basis. If the examination sites on the dates you select are already full, you will be regis-
tered for the next available testing date. SBCCI will send you a letter confirming the examination
date and site that you are registered for.
Examination Date Deadline for Appilcatlon ""Lo
O January 13, 1996 December 22, 1995 Dallas
0 January 20, 1996 December 29, 1995 Arlington
0 February 10, 1996 January 19, 1996 Dallas
J February 24, 1996 February 2, 1996 Arlington
0 March 9, 1996 February 16, 1996 Dallas
0 March 23, 1996 March 1, 1996 Arlington
0 April 13, 1996 March 22, 1996 Dallas
0 Apn120, 1996 March 29, 1996 Arlington
0 May 11, 1996 April 19, 1996 Dallas
0 May 25, 1996 May 3, 1996 Ailingtorn
a June 8, 1996 May 17, 1996 Dallas
0 June 22, 1996 May 31, 1996 Arlington
0 July 13, 1996 June 21, 1996 Dallas
0 July 20, 1996 June 28, 1996 Arlington
0 August 10, 1996 July 19, 1996 Dallas
0 August 24, 19J6 August 2, 1996 Arlington
0 September 14, 1996 August 23, 1996 Dallas ,
0 September 21, 1996 August 30, 1996 Arfington
0 October 12, 1996 September 20, 1996 Dallas
o October 19, 1996 September 27; 1996 Arlington
0 November 9, 1996 October i8, 1996" Dallas
0 November 23, 1996 November 1, 1996 Arlington
0 December 14, 1996 November 22, 1996 Dallas
0 December 21, 1996 November 29, 1996
Arlington
A 30 day waiting period Is required between the first and second time a candidate tests In a pa cicular
examination category. After the second testing In a particular examination category, a 90 day waiting peri-
od is required between testing dates. Any attempt to register for an examination without honoring the
waiting periods may result In a delay In registering for the next legitimately available examination.
/7.
ATTACHMENT 5
ELECTRICAL EXAM REVENUE FOR 1995 AND 1996
1995 March $ 320.00
June $ 520.00
September $ 360.00
December $180.oo
TOTAL = $1,380.00
1996 March $ 320.00
00
Ia $640,
TOTAL = $ 960.00
199511996 TOTAL = $2,340.00
f
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Ageade No.
AOe~da lfem
jate~
DATE: September 17, 1996
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Hold a public hearing and consider an ordinance to rezone 2.3549 acres
from the Agricultural (A) zoning district to the Office (0) zoning district.
The subject property Is located on the south side of 1-35E, approximately
500 feet west of Teasley Lane.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the request,
seven in favr.:, none opposed (7-0).
SUM- MMARY:
See Planning and Zoning Commission Report.
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Not applicable:
FISCAL IMPACT:
None.
Respectfully submitted:
Ted Benavides
City Manager
S
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Prepared by:
alter 0E. Reeves, Jr., Al
/
urban Planner
Approved:
Frank Robbins, AICP
Director
Planning and Development
Attachment #1: Planning and Zoning Commission Report.
Attachment #2: Ordinance (draft ordinance).
Attachment #3: Draft minutes of the August 28, 1995, P & Z meeting.
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PLANNING AND ZONING COMMISSION REPORT
To: City Council
From: Planning and Zoning Commission
Date: September 17, 1996
Subject: Z-96-027
GENERAL INFORMATION
Applicant: Dewey and Associates
2605 Texas Drive, Suits 110
Irving, Texas 75026
Owner: W.B. & Betty Ann Rummell
P.O. Box 22658, TWU Station
Denton, Texas 76204
Action: Request change in zoning for 2.3549 acres from the Agricultural
(A) zoning district to the Office (0) zoning district.
Location: The subject property is located on the south side of I-35E,
approximately 500 feet west of Teasley Lane.
Surrounding Zoning and Land Use:
North: I-35E.
South: Apartments, Day Care, mixed retail uses, MF-1 & GR
zoning districts.
East: Super 8, Shell station, GR zoning district.
West: Action Imports, vacant land, GR and C zoning districts.
Denton Development Plan: Moderate Intensity Area #80 (104% allocated).
SPECIAL INFORMATION
The subject property has been preliminary platted (Super 8 Denton Addition). Public
improvements that will be associated with the final plat include sidewalks along the 1-
35E frontage, fire hydrants, and drainage.
BACKGROUND
The subject property was placed in the Agricultural (A) zoning district by Ordinance
69-01 which adopted a new zoning ordinance and map for the City of Denton.
NOTICE
Nine (9) notices were mailed on August 16, 1996, three replies were received in favor,
one reply was received which was not in favor of all the uses in the 0 zoning district,
but was in favor of a hotel.
Page 1
3.
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ANALYSIS
This request is a rezoning from the Agricultural (A) zoning district to the Office (0)
zoning district. The subject property is currently vacant, and the applicant wishes to
construct a 4 story hotel on the site.
Denton Development Plan
Policy Analysis Summary
Moderate Intensity Area Z-96-027
Development Rating
VS Policy
POLICY COMMENTS swwowg .t„
heonM~IM lteanabt1nl
To be consistent with the Allocated intensity = 824 intensity
Plan, a development should trips (acre)
not exceed its allocated Proposed intensity = 824 intensity X
Intensity. trips.
Moderate Centers are Designated a Moderate Activity
located at the Intersection of Center by the Denton Development
two primary arterials and at Plan. There ~s nu residential use X
strategic locations abutting a within 1,600 feet of the subject
freeway and are spaced property.
approximately a mile apart.
These centers are a
maximum of 60 acres.
Diversity. Land use diversity Hotel or motel Is classified as a
shalt be defined as uses Primary Residential Use by the Citys
other than the dominant land zoning ordinance,
uses in the area such as X
commercial, retail, light
Industrial and office.
Diversity Bonus: An Intensity Not applicable.
bonus for mixed use
developments that Include X
public or non-profit
community type facilities or
uses.
CommerciaVretail limited to Not applicable.
113 of the total acreage of
the center. X
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High Density Housing
Transition between land
uses.
Access to arterial streets. Not applicable. x
Concentration of 750 units.
1/2 mile separation.
Site design.
Low density residential areas Low density residential within 1,600
should be protected by strict feet.
site design control with x
setbacks, parting, buffering,
and landscaping
requirements.
Strip Commercial: The Intent Not Applicable.
of the plan is to encourage x
centers of activities and to
discourage strip commercial,
Location of proposal in Public facilities available to property. x
relation to existing or
proposed public facilities.
Topography Site is sloping and wooded. An
opportunity exists 10 save a number x
of existing trees for landscaping.
Surrounding Land Use. Surrounding land use are
apartments, a day care, and general
retail to the south, a Honda rental x
establishment to the west, hotel and
gas station to the east, and 1.35E to
the north.
RECOMMENDATION
The Planning & Zoning Commission recommends approval of the request to rezone
2.3549 acres from the Agricultural (A) zoning district to the Office (0) zoning district.
MOTION
I move we approve this request to rezone 2.3549 acres from the Agricultural (A)
zoning district to the Office (O) zoning district.
ALTERNATIVES
1. Approve as requested.
2. Approve with more restrictive conditions.
3. Deny,
4. Postpone consideration.
Page 3
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ATTACHMENTS
• Location map.
2. List of uses for the Office zoning district.
1
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Page 4
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ATTACHMENTI
N
1,707
29 608 ~l f
490 -_~_V•, _
aso K
n~n i
500 ~ I
f 7
620 ~ I
gip.
1714
0 r l
11706
LL1
IlLu
" 1840
731
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ATTACHMENT2
no" office District
PERMYTTED UBP.A:
Primary Residential uses
One Family Dwelling Restricted
Community Unit Development
Dormitory, Boarding or Rooming House
Hotel or Motel
Educational, Institutional & Sn- ial s s
Art Gallery or Museum
Church or Rectory
College or University or Private School
Community Center (Public)
Day Nursery or Kindergarten School
Group Homes
Halfway House
Hospital (General Acute Care)
Hospital (Chronic Care)
Institutions of Religious or Philanthropic Nature
Public Library
Monastery us C;,nvent
Nursing Home or Residence Home for Aged
Occasional S<Jes
Park, Playground or Public Community Center
School, Private Primary or secondary
School, Public or Denominational
School, Business or Trade
Utility. Accessory and Fn Idental Usn-S
Accessory Building
Community Center (Private)
Electrical Substation
Electrical Transmission Line
Ty:nporary Field or Construction Office (Subject to Approval and
Control by Building inspector)
Fire Station or Similar Public Safety Building
Gas Transmission Line and Metering Station
Home Occupation
Off-Street Parking Incidental to Main Use
Off Street Remote Parking
Sewage Pumping Station
Private Swimming Pool
Telephone, Business Office
Telephone Line & Exchange Switching or Relay Station
Water Reservoir, Water Pumping Station or Well
Recreational and Entertainment Uses
Country Club (Private) with Golf Course
Public Golf Course
Public Park or Playground
Public Play field or Stadium
Swim or Tennis Club
Transportation Related Uses
Railroad Track or Right-of-Way
a
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ATTACHMENT2
r~11 Off~ns nl nt t a ( nntinum
Beta il and s ice Tyg ap
Offices, Professional and Administrative
Studio for Photographer, Musician, Artist or Health
8gricult»ral Tyg reps
Animal Clinic or Hospital (No outside runs or pens)
Farm or Ranch
iITTED IIBg,II F7ITH ADDROYE BPECIFIS,+ USF p&EXZ2_
E$llcationat Yr1at'Fnt~n ~ 6 Snpnial see
Cemetery or Mausoleum
Fraternity, Sorority, Lodge or civic Club
Home for Care of Alcoholic, Narcotic or Psychiatric Patients
Utility, A s o y and rnoidental Uses
Public Building, Shop, yard of Local, state or Federal Government
Radio and/or Television Microwave Tower
Water Treatment Plant
Transuortation R la ed tsar
Airport Landing Field or Heliport
Comrercial Parking Lot or Structure
Retail
and epri i p m..Ae r^ rya
Cafeteria
Mortuary or Funeral Parlor
Restaurant
Commercial Typ Usns
Scientific or Research Laboratories
YARD RF.AUIREk~'~~o;
Front Yazd: Minimum 25 feet.
Side Yards No side yard is specified for non-residential use
except where a non-residential use abuts upon a
district boundary line dividing such distr.I-ts from
a residential district or when the side yard is
adjacent to the street, in which event a ten (10)
foot side yard shall be provided.
Rear Yard: No rear year is specified for non-residential use
except where retail, commercial or industrial uses
back upon a common district line, whether separated
by an alley or not, dividing the district from any
of the residential districts listed, a minimum of
ten (10) feet shall be provided.
9
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ATTACHMENT 2
!11011 Offioe District (continued)
HEIGHT REGU•ATrnaa.
Any legal limit, except as follows:
In the districts where the height of buildings is restricted to two
(2) or three (3) stories, cooling towers, roof gables, chimneys and
vent stacks may extend for additional height not to exceed forty-
five (45) feet above the average grade line of the building. Water
stand pipes and tanks, church steeples, domes and spires, and
school buildings and institutional buildings may be erected to
exceed three (3) stories in height in residential areas restricted
to two (2) or three (3) stories in height, provided that one
additional foot shall be added to the width and depth of side and
rear yards for each foot that such structures exceed three (3)
stories in height.
HQPPL~NT'AL REGU •ATtnua l
1. Parking (Based on use. See Article 34-115.)
2. Signs
.3. Lighting
4. Landscaping
5. Screening and Fencing
I
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Z-96.077
ORDINANCE NO.
AN ORDINANCE OF THE CITv OF DENTON, TEXAS, PROVIDING FOR A CHANGE
FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO THE OFFICE (O) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 2.3549 ACRES OF LAND LOCATED ON THE SOUTH SIDE
OF I-35E, APPROXIMATELY 500 FEET WEST OF TEASLEY LANE; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, Dewey & Associates, on behalf of W.S. and Betty Ann
Rummell, initiated a change in zoning for 2.3549 acres of land from
the Agricultural (A) zoning district classification and use
designation to the Office (O) zoning district classification and
use designation; and
WHEREAS, on August 28, 1996, the Planning and Zoning Commis-
sion recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
_j- the strict classifion and se
designationNof
theh2.3549 acresgofi land describedciniExhibitu1,
attached hereto and incorporated by reference, is changed from the
Agricultural (A) zoning district classification and use designation
to the Office (O) zoning district classification and use designa-
tion under the comprehensive zoning ordinance of the City of
Denton, Texas.
SECTION U. That the City's official zoning map is amended to
show the change in zoning district classification.
SECTION IIi. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION IV. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
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published twice in the Denton Record-Chronicle, a daily newspaper
published in the City of Denton, Texas, within ten (16) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY A 0RNEY
BY
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LEGAL DESCRIPTION
Being a tract of land situated in the ALEXANDER HILL SURVEY, ABSTRACT NO. 623,
in the City of Denton, Denton County, Texas and being more particularly described
by metes and bounds as follows:
I
BEGINNING at a 1/2 inch capped iron rod found for corner in the Southerly line
of Interstate Highway No. 35E, some point lying North 74 degrees 05 minutes 55
seconds West 331.49 feet from the most Northwesterly intersection (corner clip)
of the said Southerly line of Interstate Highway No. 35E with the West line of
Teasley Lane, some also, being the Northwest corner of Lot 2, Block A of SUPER 8
DENTON ADDITION, an Addition to the City of Denton, Texas, according to the Plat
recorded in Cabinet L, Page 214 and 215, in the Plat Records of Denton County,
Texas;
THENCE South 09 degrees 23 minutes 41 seconds West along the Westerly line of
said Lot 2 for a distance of 366.80 feet to a 1/2 inch capped iron rod found for
corner, some being the Southwest corner of Lot 2;
THENCE North 87 degrees 52 minutes 10 seconds West for o distance of 214.13 feet
to a fence corner post;
THENCE North 00 degrees 52 minutes 42 seconds East for a distance of 481.88 feet
to a 1/2 inch copped iron rod found for corner in said Southerly line of
Interstate Highway No. 35E;
THENCE along said Southerly line of Interstate Highway No. 35E as follows:
South 74 degrees 05 minutes 55 seconds East 24.79 feet to a 1/2 inch
capped iron rod found;
South 60 degrees 03 minutes 44 seconds East 206.16 feet to a 1/2 inch
copped iron rod found;
South 74 degrees 05 minutes 55 seconds East 66.53 feet to the POINT OF
BEGINNING.
CONTAINING 102,583 square feet or 2.3549 acres of land, more or less.
qvr 9 7 M11TIV1c . c1lvtnrlZCv q ►au3n arm rn:ei :et t 6nv nui n,l-1IgnnAl1v1dl:d
y
P&Z Minutes ~ R A
August 28, 1996 ~
Page 3
M. Hold a public hearing and consider a request to rezone 2.3549 acres from the Agricultural (A) zoning
district to the Office (0) zoning district. The subject property is located on the south side of 1-35E,
approximately 500 feet west of Teasley Lane. (Z-96-027)
Ms. Russell opened the public hearing.
M Reeves: This is a request to rezone the subject property from the Agricultural zoning district to
the Office zoning district. We did sent out notices and we received four replies on this. There were
three in favor and one that was hard to tell. This is a straight forward case and it just about meets
all of our requirements of the Denton Development Plan. The proposed use in this case is for a
motel. Staff is recommending approval of this case.
Ms. Russell: Would the petitioner care to speak?
Mr. Kent Bell: My name is Kent Bell and 1 am with Dewey and Associates, 2505 Texas Drive in
Irving, Texas. I am representing the owners of this approximately 2.4 acre tract. We are proposing
to build a hundred and nine room Budgetel Inn. Our timing constraints in this proposal are very tight.
We are hoping to be under construction soon after the approval of the zoning, and to be open in time
for the first scheduled event at the new Texas Motor Speedway. When we first visited with staff on
this proposal their first concern was tree preservation. There are many trees on this property. The
plan that we are proposing does save sixty-six trees in the street yard area and an additional sixty-
eight trees in the remaining areas. It is a total of a hundred and thirty-four trees on the property. It
does require the removal of some trees in the street yard area, but in order to get driveway access on
to I-35E, working under the constraints of the Texas Highway Department as far as the separation
from the ramp entrance there is only one place on the property to put a driveway. It does require
grading the property down over on the western end and basically reducing the cliff down to an
acceptable grade for fire line access and to provide proper drainage on the property. We have
preserved as many trees on the re,;'. of the property as possible. The northwest comer will pretty
much remain at its existing grade. The eastern side will also remain at its existing grade and a good
majority of the western and southern sides of the property will stay at exiving grade. We feel that
we have come up with an acceptable layout that is not only within the spirit of the Tree Preservation
Ordinance of Denton, but also gives us a workable, functional layout of the property. We feel that
this is an appropriate use for this property in this location.
Mr. Cochran: How much grading are your going to have to do on the most extreme side?
Mr. Bell: On the northern side of the building we are having to drop it ten feet. On the southern side
of the building we are having to raise it about five feet. We have balanced the site pretty much in
the middle while trying to affect the perimeter of the property as little as possible. In the parking lot
it is a similar grading situation as the building and we are installing some retaining walls over on the
eastern side of the property. There will be two four foot retaining walls in order to bring the parking
lot grade fairly consistent while still saving the trees over on the eastern end of the property. Total
height of the retaining walls will be eight feet. There is one other retaining wall on the property over
on the eastern side but its maximum height is two feet.
111tv
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P&Z Minutes FT
August 28, 1996 D
Page ~I,~~1
4
A
Ms. Russell: Can you give me some dimensions of the buildings? How tall will it be and what
material will be used?
Mr. Bell: This will be a four story building and that is the reason for requesting the office zoning.
As far as the actual construction it will be similar to the existing Super 8. The one motor difference
is that we are looking very sincerely at tree preservation.
Mr. Cochran: When you face the building from the street will there be a drop in elevation?
Mr. Bell: As the property currently is there is a significant drop and it is right at the front of the
property. Over towards the eastern end of that property is where we are going to have to grade that
down in order to get a drive approach onto I-35E. One of the chinas that we are looking at is that
most fire lane grades accept a maximum of six percent.
Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to :peak in opposition
to the petition? We will close the public hearing. I have some concerns about this. This is one of
the highest spots along I-35 and it is an entranceway to Denton. Four stories is a,,vfully tali. I do
realize that you are leaving some street yard there but it is such a tall building f,; t; tat spot. That is
what we are going to see when we come into Denton. We have all heard comments about the
unattractiveness of the property across the way where there are now mini storage buildings.
Mr. Powell: This will be four stories of Hotel/Motel tar.
Mr. !ones: I r: ove we recommend approval of the request to rezone 2.3549 acres from the
Agricultural zoning district to the Office zoning district.
Mr. Cochran: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (6-1) Ms. Russell opposed.
IV. Hold a public hearing and consider a request to rezone a 7.352 acre tract from the Agricultural (A)
zoning district to the Light Industrial conditioned (LI[cj) zoning district. The subject property is
located on Teasley Lane, south of Hickory Creek Mobile Home Community. (Z-96-029)
Ms. Russell opened the public hearing.
Ms. Bateman: In 1986 the owner wanted a development permit from the county to build his business
and the city decided to annex the property to regulate the use. The owner requested that it be zoned
Light Industrial. The property was annexed in July of 87 and it was zoned Agricultural. This is a
long tract of land and I believe it is a hundred and seventy feet along the front. We notified eleven
property owners. We received four in favor and one in opposition. Initially the request was for a
Light Industrial zoning district that allowed for all of the uses that are involved in Light Industrial and
that includes general retail and a lot of commercial uses. With that you get a lot more traffic
generation. We don't have an Intensity allocation for that area because it has not been studied. We
were able to determine that with the commercial and general retail use the intensity would be over
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Agenda Item
ORDINANCE NO. Date
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the 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 therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-1. 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 lowest responsible bids for such items:
BID ITEM
NUMBER NO_ YENDOR AMOUNT
1923 14,7 R do R UNIFORM EXHIBIT "A"
1923 5,6 REGIONAL UNIFORM EXHIBIT "A"
1932 ALL BRITTON BUILDING MAINTENANCE EXHIBIT "B"
1937 1 CUMMINS EXHIBIT "C"
1937 2,3 WESCO EXHIBIT "C"
1946 ALL
TRANS AMERICAN POWER PRODUCTS S46,872.00
SECTION -H. 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 accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECT1ON111. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
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SECTION-1Y. 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.
SECTIQNS. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1496.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.ORD
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BID 0
1923
BID NAME POLICE UNIFORMS RJR
REGIONAL 'I
OPEN DATE UNIFORMS UNIFORM
JULY 25,1996 & SUPPLY
Ty DESCRIPTION VENDOR YEN~~DOR EXHIBIT "Alt
t
1. ISO EA ' LONG SLEEVE SHIRT,
ZIPPER FRONT $29 .79.
2. ]MCA ; SHORT SLEEVE SHIRT,
ZIPPER FRONT S26.731 3. 250 EA TROUSERS $27.00
4. 25 EA f JACKETS
$89.40
S. 25 EA REVERSIBLE RAINCOAT
- $ 70.00 P
6• 2sEA ~REVERSIS.,:RAINJACKETS
_ S64.OO
7!' 10 EA RECRUITJACKETS
576.49
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BID# 1932--EXHIBIT 1$4
,BID NAME Janitorial Service Britton
'OPEN OAT August 13, 19d6 Building
Maintenance
j# QTY DESCRIPTION VENDOR Totals
SEGTION 1:
1: _12,Ci Hall $1,975.001 $23,700.00
j la 21 City Hall Carpets $ 650.001 $1,100.00
jbi 2 City Hall Windows $300.00 $600.00
2' 12 'City Hall West $1,520 00 $18,240.00
2a 2 City Hall West Carpets _ $600.O0f $1,200.00
2b 2,City Hall West Windows $300.00 1 $600.00
3 12Municipal Airport $175.00! $2,100.00
3a 21Municipall Airport Carpets _ $60.001 $120.00
3b 4 Munici al Airport Windows $76.00 $300.00
SECTION 11: I
6 121EmiJ Fowler Libra $1,318.00 $15,816.00
6a 2!Emily Fowler Libra Carpets $500.001 $1,000.00
5b 2 (Emil Fowler Libre Windows $200.001 $400.00
SECTION 111:
6 12;Traffic Control Building $176.001 $2,100.00
71 12 iAnimal Control/Env. Health $360.001 $4,200.00
7tt 2!Animal Control Windows $26.001 $50.00
8' 12 E ui ment Services $110.001 $1,320.00
9' 12!Servlce Center/Purchasin $320.001 $3,840.40
9~ a 2lervice Center/Purch. Carpets $60.00 $100.00
110 12!Ssrvice Center/Utillties $1,344.001 $18,128.00
1Oa 12 Communications/Computer Are $120.001 $1,440.00
10 12 !Service Ctr/Men's Downstair R _ $220.0_U' $2,640.00
1100 2!Service Center/Utilities Carpets $450.001 $900.00
SECTION IV:
_70enton Municipal Complex
11s 121DMC/Human Resources $400.00 $4,800.00
11 12 !DMC/information Services $350.00 4 $4,200.00
1110 121DMC/Munlcipal Court $531.001 $6,372.00
11 121QMC/Police Department ( $2,628.00 1 $31,536.00
111a 121DMC/Police Department Floor 4 $655.001 $6,860.00
111f 21DMC Carpets $900.001 $1,800.00
) i 2 !DMC Windows $160.001 $300.00
-12 12 !Facilities Management ( $125.001 $1,500.00
131 12 ! Vlsion Offices $180.00 { $ 21160.00
$167,222.00
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BID M 1937
BID NAME CAPArITORS WESCO CUMMINS
!OPEN DATE AUGUST 22,1996
DESCRIPTION VENDOR vENDOR EXHIBIT "C"
1. 2 EA PADMOUNTED CAPACITOR
BANK, 1200 KVAR S1S 730.001
2. 1 4 EA OVERHEAD CAPACITOR j
i BANK, 1200 KVAR 53,010.00E J
3. 12 EA CAPACITORS (ONLY) 200 WAR ! 1312 GO
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DATE: SEPTEMBER 17,1996
CITY COUXCILREPORT
TO: Mayor and Members of the City Council
FkOM: Ted Benavides, City Manager
SUBJECT: BID # 1923 - POLICE UNIFORMS
RECOMMENDATION. We recommend this bid be awarded to the low bidder meeting
specification for each item as listed:
I. Long sleeve shirt R&R Uniform @ $29.79 each
2. Short sleeve shirt R&R Uniform @ $26.79 each
3. Trousers R&R Uniform @ $27.00 each
4. Jacket R&R Uniform @ $89.40 each
5. Reversible raincoat Regional Uniform @ $70.00 each
6. Reversible rain jacket Regional Uniform @ $64.00 each
7. Recruit jacket R&R Uniform @ $76.49 each
for a total expenditure of $21,586.90.
SUMMARY. This bid is for the purchase of uniforms for the Police Department. The lower bid
of Uniforms of Texas for item 4 and Regional Uniform & Supply for item 7 did not meet the
specifications of the bid to match existing uniform jackets.
Four bid proposals were received in response to fourteen bid packages mailed to prospective
vendors.
BACKGROUNM- Tabulation sheet, Memorandum from Gary Matheson, Assistant Chief, dated
August 13, 1996.
PROGRAMS,DEPARTMENT.S ORGROUPS.AFFECTED, Police Department
A
FISCALIMPACT. Budgeted funds for 1996 Police Uniforms, Account # 100.070-0040-P003-
8108.
Respectfully submitted:
Prepared by:
,fed Benavides
City Manager
Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
764.AOE
6
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BID K 1923
BID NAME POLICE UNIFORMS R&R UNIFORMS UNIFORMS REGIONAL
UNIFORMS OF TEXAS III INC. UMFOR.tiI
OPEN DATE JULY 25,1"6 & SUPPLY
M QTY DESCRIPTION VF OR VENDOR R .VENDOR
-
1. 150 LONG SLEEVE SHIRT,
ZIPPER FRONT 329.79 53140 $30.99 $31.25
I
2. 150 SHORT SLEEVE SHIRT,
ZIPPER FRONT $26.791 S27.501 527.99 $27.75
I ;
3 250 TROUSERS S27.00i $27.50! $28.49 530.00
4. 25 JACKETS 589.401 _ 585.00 $94.29 388.00
5. 25 1 REVERSIBLE RAINCOAT $77.25 $83.501 $74.49 $70.00
64 25 REVERSIBLE RAIN JACKETS S83.49i - S76.75I $67.49 564.00
7. 10 RECRUIT JACKETS S76.49; 5112.00 576.59 559.00
DELIVERY 7 DAYS 7 DAYS 30 DAYS
SAMPLE YES YES YES YES
NO BID RESPONSES +S2.00/SET OF
MISSION UNIFORMS SHIRT BUTTONS
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CITY OF DEN EON, TEXAS DEPARTMENT OF POLICE
MEMORANDUM
TO: Denise Harpool, Senior Buyer
FROM: Gary L. Matheson, Assistant Chief of Police
DATE: September 5, 1996
RE: Uniform Bid #1923
I have reviewed bid prices and examined samples of proposed items and would recommend that items i
through 4 and item 7 be awarded to R&R Uniform. Additionally, we would recommend items 5 and 6 be
awarded to Regional Uniform.
Our basis is as follows:
• Items I - 3 were low bid meeting our needs.
• Item 4 - Low bids of 585.00 / 588.00 proposed same item neither of which were
equipped with shoulder epaulets and color of jacket appears much darker than
current issue.
• Items 5 & 6 were low bid meeting our needs.
• Item 7 - Low bid of $59.00 - Item proposed has side pockets which required an
additional seam on front of jacket, thus creating a noticeable appearance change -
this seam will also not accommodate our front lettering.
If further information is necessary, please call.
I
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Ga L. Mathes , Assistant Chief of Police
+I
S01 E, HICKORY STREET SUITE E DENTON, TEXAS 76205
DUTY OFFICER (817) 566-6161 FAX (1117) 383.7966
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DATE: 9/ l 7/96
CITYAQUNCIL REPORT
TO: Mayor and Members of the Citv Council
FROM: Teti B;iiavides, City Manager
SUBJECT: Bid #1932--Janitorial Services
BF-COMMIEDATIOM, Council approve award of Bid #1932--Janitorial Services to the lowest
responsible bidder meeting specifications, Britton Building Maintenance, in the amount of $157,222.
This total is for all buildings except the South Branch Library. (See Exhibit 'B')
SUMMARY: Five bidders responded to the invitation for bids. The four other bids have been deemed
as not meeting specifications for the following reasons:
Palzetta Cleaning--Required bid bond was not enclosed.
Absolut Maintenance-- Required number of referenced from comparable size contracts were
not supplied.
SaniTech Inc.--Required number of references from comparable size contracts were not
supplied.
Member's Building Maintenance--Pricing bid on City Hall West and I'mily Fowler Library
is not resF,?nsible. Industry average to clean is .07 per square foot. These buildings
were bid at an average of .03 per square foot--drastically lower than the other bid
prices. It is staffs determination that performance to spr,..ifications cannot be
accomplished at this price structure. In addition, Member's ims just recently been
terminated from cleaning the city's recreation centers due to non-performance.
Britton Building Maintenance is currently providing satisfactory service at the recreation centers as
well as many other city offices.
BACKGROUn. Tab Sheet, Exhibit'B' & Memo from Mary Ragusa, Facility Mgmt. Coordinator
PROGRAMS.-DEPARTMENTS- OR-GROUPS_AFFECTED; Departments located at and
citizens/patrons that use each of the building listed on Exhibit 'B' and Facility Management.
FISCALIMPACT. Budgeted funds are available in the '97 fiscal year operating budget for
janitorial services.
Respectfully submitted:
ed Benavides
Prepared By: City Manager
Name: Melanie A. Harden
Title: Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
1932. age
9
}
BIOJ~ 1932
BID NAME Janhodal Service T Britton Psixetts Absdut j SsntTsch Member's Redlw
OPEN DAT August 13, 1996 Building Cleaning MsiMenanee one. Building Inc.
'V I _ MalMenance , MelMenanca
OTYTY~ DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VT-ENtMR
11 j i SECTION I: i -
12 C HaI 31,976.001' 12,000 $1,980.00 11,870.00 $1,960.001 No Old
- 0,00'
1 2 Cfty Hall Carpets $660.00 $500.00 _ $675.00. $510.00 $600.00,
I 2 Ck Hall Windows 3300.00I _ 3100.00 $170.00, 1320,00! $120.00
121 12 City Han Weer $1,520.000 $1,200.00 $1,616.00 _ 11,471.00 1800.00
241 1 2.Chy Hap West Carpets $800.001 1300.001' $660.00! $378 OO $600.00,
262IC Hdl West Windows 330 I I I
0.00 1100.00 3500.00. $280.00 $300.00
3 12 Municipal Airport I 1
3175.00 _ $150.00 _ 1345.001 3190.00 $360.00'.
L3J 2lMudeiaal Airport Carpels 180:00 1100.00 $96.00[ $4_ 8.001 $60.00
341 4 Monlcipal Airport Windows 176.00 1100.00'
I SECTION 132.00[ $160.00
SECTION u:
4 12 South Branch Lnvari $778.001 $600.00 $616.0011 $718.00 $600.00,
21South Branchllbrmy Carpets $340.00' 1600.00 $320.001 $390.001 1400.00!
~4b 2 South Branch Ubmry WWows 5260.001 $360.00 19600' 1220.00! $260.00
I II I
12 Emil Fowler lJbn + 11,318.00 --heBld _11,170.00[_$1,397.00, 1860.00
2 Em9y Fowler Library Cartm_ 1500.001 _ No Bid L_ 16-_ $470,00! $500.00
6d 4!" Fowler Libr Windows $200.00! No Bid 1190.00 1220.00! $360.001
;SECTION uf: I -r--
8 12ITraff - Control Building $175.00 $200.00'_ No Bid $190.00 $200.00
7 12 Animal CoMrolJEnr. Health $360.001 1260.00'1 1379.00 $284.00! $280.00
7 21Animai Control Windows 425,001 No Bid I $23.00 $75.00! $40.00
N 12.EwlpmentServices $110.00'-_ $160_00 No Bid $148.001 _$150.00
91 121Servlce CentadPurchasing 1320.00 $200.00 No Old _ 1190.00 $276_00
2[Servka CeMarlPurch. Cwpeta II $60.00! 180.001'_ No Bld _ $62.00 _ $80.00
10 12 Service Comer/ MItles $1,344.00 -_11,000,001'_ No Bid i -$1,100.001 $1,200.00
,10a1 12,C n1tadonsT cnputorAre- $120.00 11D0.00 No Bid 494.00' 1100.00
1106_ 12!Sondce CtrlMen's Downetair RR' 1220_00! 1100.00 Na 8!d 194.00! 1180,00
E --,00
100 2 Servlce CeMerIUt8ldea Car ets $450.00 $400.00 No Bid $820.00 $400.00
[IECTION IV: -
11 _ Denton MurJefad Comdex
11si 12 DMCIHuman Resources- i 1400.00' $300.00 No $387.00 $350.00
11b_12 DMCMformation Services _ $350.00__ $300.00 No Old 1338.00 _ 1280.00
lid 121DMCRAunicipal Court $631.0? $300.00 _ No Bid $493.00 $460.00
11 I
11 'DMCIPoBce Depsrtmom 12,628.00--$2,750.00_, No Bid 11,884.00 12,500,00
-
11e 12 DMClPo6u Department Floor $66600 1800.00!_- No Bld- 1600.00, $1,000.00
.11f _ 2 DMC Carpets $900.00 1400.00 No Bid $402.00$00.00
Ili DMC Windows ,1 _ 1160_00 1100.00 No Bid__. 1200.00 $120,00
12' 12 FaceWo~ Manyement 1126A0____ $100.00 .-No Bld $124.00 _ $120.00_
f3 12 Vision Offices _-L-_$18000$350_00No Bld$174.00 $175.00
Bid Bond7__._
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BID# 1932--EXHIBIT 's'
BID NAME Janitorial Service Britton
OPEN DAT August 13, 1996 Building
Maintenance 1
# I aTY i DESCRIPTION
SECTION l: VENDOR Totals
1 12'City Hall $1,975.001 $23,700.00
1a 2lCity Hall Carpets $550._001 $1,100.00
1b2,C1ty Hail Windows _ $300.00 $600.00
2 12'City Hall West $1,520.00 $18,240.00
29 2!City Hall West Carpets i $600.00 $1,200.00
2b 2 'City Hall West Windows __j ___$3.00-.00 ; $600.00
3 12'Munici el Airport
$175.00 1 $2,100.00
3a _ 2 Municipal Airport Carpets $60.001 $120.00
3b 4:Municipal Airport Windows $75.00] $300.00
SECTION II: -
5 12 Emily Fowler Library ! $1,318.00 i $15,816.00
5a 2 Emily Fowler Library Carpets j_ $_5_00.001 $1,000.00
5b 2 'Emil Fowler Libra Windows $200.00 1 $400.00
(SECTION ill:
6 12iTraffic Control Building- $175.001 $2,100.00
`7' 12 'Animal Control/Env. Health $350.001, $4,200.00
7a 2'Animal Control Windows $25.001 $50.00
81 _ 12 Equipment Services J _ $110.00_? $1,320.00
9 121Service Center/Purchasing_-L $320.00 $3,840.00
8a_ 2,Servlce Center/Purch. Carpets $50.00' $100.00
10 12 Service Center/Utilities $1,344.00' $16,128.00
10a 12 Communications/Computer Are $120.00 $1,440.00
10 12'Service Ctr/Men's Downstair R~ $220.00' $2,640.00
100 2 ! Service Center/Utilities Carpets _ $450.00i $900.00
SECTION IV:
Denton Municipal Complex -
17a_ 121DMCIHuman Resources $400.00 $4,800.00
11 12 DMC/Information Services _ $350.00. $4,200.00
110 12'DMC/Municipal Court $531.00 $6,372.00
11 12 DMC/Police Department _ $2,628.00 $31,536.00
11e 12,DMC/Police Department Floor- -$655.001 $6,660.00
11f 2 DMC Carpets _$900_.00 $1,800.00
11 2 DMC Windows _ $150.00
_ $ 300.00
12 12 'Facilities Management__ $126.00, $1,500.00
13 12!VlsionOffices _ $180.00`__$2,160.00
$1 F~i7,222.00
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CITY Of DENTON, TEXAS MUNICIPAL BUILDING • 215 E MCKINNEY • DENTON, TEXAS 76201
(817) 566.8200 0 DFW METRO 434.2519
MEMORANDUM
TO: Melanie Harden, Buyer
FROM: Mary Ragusa, Fac. Mgmt. Coord.
DATE: September 3, 1996
SUBJECT: Janitorial Services Bid # 1932
We recommend awarding Bid# 1932 to Britton Building Maintenance.
After evaluating the bids and checking each bidder's references we
have determined that Britton meets all the bid requirements. We
plan to 'accept the entire bid except janitorial services, carpet
and window cleaning at South Branch Library. The entire price of
the bid with the exception mentioned above is $157,222.
Below is an explanation of reasons for rejecting the remaining
bids.
a. We feel Members Building Maintenance is disqualified for
following reasons:
• Members' was terminated by the City of Denton from
Bid 1550 - Recreation Centers on April 21, 1995 for
non-performance.
• Members' bid # 1932 was not responsible, the price
they bid for City Hall West and Emily Fowler
Library was well below the industry standard. It
has been our experience that public facilities can
not be cleaned to the specifications for this low
price.
City Hall West: Members bid a $9,600 for annual
cost for janitorial services at City Hall West.
Which was $8,088 below the cost of the next low
bidder, Sani-Tech, who bid $17,688 for the annual 1
cost for janitorial services at City Hall West.
Emily Fowler Library: Members bid a $10,200
for annual cost for janitorial services at Emily
Fowler Library. Which was $3,840 below the cost of
the next low bidder, Absolute, who bid $14,040 for
the annual cost for janitorial services at City
Hall West.
"Dedicated to Quality Service"
12
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Page lVo
Janitorial Bid # 1932
August 15, 1996
• On August 14, 1996, I spoke with Harvey Burger,
Division Manager with Members regarding his low bid
prices for City Hall West and Emily Fowler Library.
Mr. Burger stated that if he was awarded the entire
contract the low prices bid for these buildings
cause a problem with his performing janitorial
services to specifications. He would be able to
hire a non-working janitorial supervisor (someone
who supervises only) and a floor man specifically
for the City facilities. However, if he was
awarded only 1 or 2 sections of the bid he would
not be able to afford this and the quality of
service the City would receive from Members would
be less than called for in the specifications.
b. Sani-Tech Janitorial Services did not have 5 references
from contracts with a minimum total square footage
or five percent (54) of the buildings being bid.
Alvarado ISD had only been under contract with Sani-Tech
since July 96 and was not in position to evaluate
services. Two of the references Sani-Tech listed were
4issatisfied with the janitorial services they are
receiving and stated that Sani-Tech was not performing to
the specifications.
C. Absolute Maintenance Services was the low bidder on Emily
Fowler Library, however, they do not have 5 references
from contracts with a minimum total square footage
or five percent (5t) of the building being bid.
If you have and question call me at 7201.
Mary R sa
Fac. M
Lwt. Co d.
2331.FM
13
DATE: SEPTEMBER 17,1996
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID # 1937. CAPACITORS
RECOMMENI)AIM.' We recommend this bid be awarded to the low bidder meeting
specifications for each item:
Padmount capacitor bank Cummins
Overhead capacitor bank $!5,750.00 each
Capacitor only Wesco $ 3,010.00 each
for a total expenditure of $41,330.00. Wesco $ 312.00 each
SUMMARY: This bid is for the purchase of capacitor banks and extra capacitors. Power
capacitors improve the power factor, voltage levels, and reduce line losses on the utility system. The
overhead banks will be used for maintenance and operations, and the padmount banks will be for
expansion of the underground system on South Bell. The lower bids of Temple and Wesco did not
meet specifications.
Six bid proposals were received in response to sixteen bids mailed to vendors.
BACKGROUND. Tabulation sheet, Memorandum from Don McLaughlin dated September 4,
1996.
PROGRAMS,DEPARTMENTSQRGROUPSAFFECTED: Electric Distribution Department,
Utility Department and Electric Customers of the City of Denton.
i
FISC'ALIIMPACT; Funds for this purchase will come fi-om 1996 budgeted finds, account #610-
103-3560.9212.
Respectfully submitted:
Prepared by:
Ted Benavides
ann City Manager
ehv
Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
X45. age
14
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Cummin Supply Temple I Temple H Dealer WESCO ASC Powa System
box 15750 14913 15050
control 3450 3173 No Bid
cable control to caps 485
Neurtal Current sensing 155
Elbow Sensors 825 Fisher Pierce
same as no software
Energy Line cummins no controler box only
$20,665 $21,606 $189990 $15,050 $20,627
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To: Denise Harpool, Senior Buyer
From.. Don McLaughlin, Senior Engineer
Electric Engineering
Date: September 4, 1996
Subject: Evaluation of Quotation on bid # 1937
Overhead Capacitor Hanks and Individual Capacitors
The overhead capacitors are for maintenance and operations. The
utility staff recommends awarding the bid for overhead capacitor
banks and individual capacitors to the low bidder WESCO. Total
cost of the overhead capacitor banks is $12,040. Total cost of
the individual capacitors is $3744.
Padmounted capacitor banks
The padmounted capacitor banks are or expansion of the
underground system on South Bell. The utility staff recommends
awarding the bid to Cummin Supply.
Justification
The bids by Temple I, Dealer, and WESCO were for the box and
capacitors only. The bid from Preferred Sales was for a single
phase controller. The bid from Cummins Supply included a 3-prase
controller. Cummins Supply equipment came closes to the
specifications of all the bidders.
Total cost of the two padmounted capacitor banks is $41,330.
Sincerely,
Donald L. McLaughlin
cc:
Jce Cherri
Ralph Klinke
H:\HOME\E,ENG3\DOCUMENT\PURCHASI\1937\DENISE
16
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1 1 Spread Sheet for Evaluation of Bid 1937
Padmounted Capacitor Bank
Suppliers Cummins Supply Temple I Temple II Dealer v WESCO Preferred Sales
Type of Controller Energy Line Energy Line Fisher Pierce
box 15750 14913 15050 4
control 3450
cable control to caps 485
Neutral Current sensing 155
Elbow Sensors 825
Total Cost $20,665 $14,913 $21,604 $18,990 $15,050 $209627
Comment Box only Box only Box only-1-
Notes:
1. The Energy tine 1030 Controller Is a 3-phase capacitor wntrol and Line Monitor
2. The Fisher Pierce Series 4400 is a 1-phase capacitor controller
H:IHOME%E ENG3IDOCUMENTIPURCHAS1119371EVAL.WK4 1
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11111 N 1937 1 !
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BID NAME CAPACITORS i POWER PREFERRED WESCO TEMPLE CUMMINS DEALERS
SUPPLY SALES ELECTRIC
OPEN DATE AUGUST 22,19%
0 Q'17r DESCRIPTION _VENppR-- - VENDOR VENDOR VENDOR- _VENDOR VENDOR VENDOR
1. 2 EA PADMOUNTED CAPACITOR
_ BANK,1200KVAR NB - - $20,627.00 _ $15,050.00 $14,913.00 515,750.00 518990.00 i
2. 4 EA OVERHEAD CAPACITOR
BANK, 1200 KVAR NB 54,600,00 53,010.00 S3 39.00 N8
- -
3• I2 EA CAPACITORS ONL! 200 KVAR 5421.20 5439.00 5312.00 5343.00 NB $456.00
MANUFACTURER COOPER ASC ABB GE GE GILBERT -
K&M
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DATE: SEPTEMBER 17,1996
CITY-COUlYCILREPORT
TO. Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID # 1946 - STEEL DISTRIBUTION POLES
RE00MMENDAT10N: We recommend this bid be awarded to the low bidder meeting
specification, Trans American Power Products, in the total amount of $46,872.00.
SUAIMARY: This bid is for the purchase of steel poles to be on the north side of Loop 288 between
US 77 and Sherman Drive. The two lower bids from Cummins and Priester did not bid a pole that has
the weathering finish which was specified in the bid.
Seven bid proposals were received in response to twenty-one bid packages mailed to vendors.
BACKGROUND: Tabulation Sheet, Memorandum from Don McLaughlin.
PROGRAMS..DEPARTMENTS-OR_GROUPS-AFEECTED: Electric Distribution, Electric
Utilities, Electric Customers of the City of Denton.
FISCAL IMPACT: Budgeted funds for 1996 for overhead construction, account 610.103-1031-
5880-8925.
Respectfully submitted:
Ted Benavi~ de~ 1
City Manager
Prepared by:
~bj/1'1/ VZ.itJ+~t~
Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
768.AGENDA
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11111 0 i 74G TF POWER SUPPLY SEARS
1IIDNAMB S'1'F;El, NS'1'RIBU'I'ION POLRS l'EC`1141~ NE CUMMINS 1 'EMPk.E AMERICAN SUPPLY pRIESTE
POWER
OPEN DATE AUGUST 27, 1996 - _ - DOR - ---VENDOR
DOR --VENDO- R VENDOR _ VEN
VEN
VENDOR - VENDOR
_ _ DESCWPTION - - -
----S353.00 579200
-
0- S556.00 Isl Is,
1, 3.- - !1'T3S_,_Cl.AS32,EMBEDMENT_-.- S437.00
591100 5642 00 5!,173.00 5388.00
HT 40, CLASS 2 EMBEDMENT ? 07,00 $377.00 ---00
1. - - 566800 _ S1,31S.00 5411.00 5988
_ 51,019.00
3. 2 HT 40, CLASS CL1, EMBEDMENT 7 NO BID 540),00
- 51 221.00
- 5!,47000 --_--Sl259.OQ --_SINN00 - 52,030.00 5!,]8600
_ 9 HT 4S, CLASS H4, £I►IBEDMENT 73 _ _ NO BID - _ - S1.i30_00 SI 188.00
- 5945.00 _ 51,934_00.
S 11 NT 4S CLASS Hl, EMBEDMENT T.S ,NO BID- _ 51,448.00 SI 223.00 - 5425 D0 5978_00
4
5442.00 $731.00 --51,419.00
6_ 20- _ HT 45, CLASS 2, EMBEDMENT 7.5_- 5537.08 51,31T.00
5858.00
SS42.00 51,420.00 51,74700
-
7. - 2-- 50, CLASSCL1, EMBEDMENT 8 NOB! - SI,S51 _00
-
S! -00 51,599.00 _----51,!77.00 __52,519`00 _ 51,540.00
NO B{D - ,640.-
g ] HT 502 . SSH4EMBEDMENTB-- 64WKS
- - 42-S6 DAPS 56 DAYS 42-56 DAYS 60 DAYS 85.93 DAYS 84 DAYS
DELIVERY
NO BID RESPONSES
WESCO
-PREFERRED SALFS _ _ . - - - - - - - - _
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To: Denise Harpool, Senior Buyer
From: Don McLaughlin, Senior Engineer
Electric Engineering
Date: September 3, 1996
Subject: Evaluation of Quotation on bid # 1946
The weathering steel poles are fo. an overhead circuit along the
north side of Loop 268 between U.S. 77 and Sherman Drive. The
utility staff recommends awarding the bi3 for weathering steel
poles to Trans American Power Products, Inc. the low bidder
meeting specifications. Total cost of the weathering steel poles
is $46,872. I am enclosing the bid evaluation spread sheet for
bid 1946.
Since ly,
~oaz~L=PZ
Donald L. McLaughlin
cc:
Joe Cherri
Ralph Klinke
H:\HOME\E_ENG3\DOCUMENT\PURCHASI\BPOLES\DENISE
21
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Bid Evaluation Spread Sheet For Bid 1946
Height Techline
35 40 40 45 45 45 50 50
Class 2 2 CL1 H H 2 CL1 H
Quartit 3 2 2 9 11 20 2 2
Unit Cost 437 437 492
Total Cost 1311 874 8840
Cummins / Valmont / Galvanize
Height 35 40 40 45 45 45 50 50
Class 2 2 CL1 H H 2 CL1 H
Quantity 3 2 2 _ 9 20 2 _ 2
Unit Cost 338 377 403 1470 ~14018 416 542 1640
Adder 45 45, 45 55 45 45 55
Total Cost 1149, 844 896 13725 16093 9260 1174 3390
$46,631
Temple / Thomas and Betts N
Hel ht 35 40 40 45 45 45 50 50
Class _ 2 _ 2 CL1 H H 2 CL1 H
Quantity 3 2 2 9 11 20 2 2
Unit Cost - 817 911 1019 1259 1225 1008 1420 1599
adder 220 220 220 220 220 220 220 220
Total Cost 3111 2262 2478, 13311, 15895, 24560, 3260 3636-
$68o635
Trans American I
Height 35 40 40 45 45 45 50 50
Class 2 2 CL1 H4 H3 2 CL1 H
Quantity 3 2 2 9 11 20 2 2
Unit Cost 556 642 668 1003 945 731 858 1177
adder 88 88 88 _ 88 88 88 88 80
Total Cost 1932 1460 1512, 9819 11363 16380 1892 2514
$46 872
Power Su I
Height . 35 _ 40 40 45 45 45 50 50
Class 2 2 CL1 N N 2 CL1 H
Quantity 3 2 2 9 11 20 2 2
Unit Cost 1015 1175 1315 2030 1934 1419 1747 2319
Total Cost 3045 2350 2630 18270 21274 28380 3494 4638
$84,081
Priester I Vatmont I Galvanized
Height 35 40 40 45 45 45 50 50
Class 2 2 CL1 H N 2 CL1 H
Quantity 3 2 2 9 11 20 2 2
Unit Cost 353 388 411 1386 1330 425 537 1540
Total Cost 1059 776 822 12474 14630 8500 1074 3080
$42,415 N
TF Sears Thomas and Betts
Height 35 40 40 45 45 45 50 50
Class 2 2 CL1 H H 2 _ CL1 H
Quantity 3 2 2 9 11 20 2 2
Unit Cost 792 884 988 1221 1188 978 1377 1551
Adder 220 220 220 220 220 220 220 220
Total Cost 3036, 2208, 2416 12969 15488 23960 3194 3542
$66,813
H:%HOMEIE_ENG3%DOCUMENTIPURCHASIIBPOLESIEVA.WK4 1
09103/96 09:20 AM
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Agenda Item
Data
ORDINANCE NO.
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING
A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive sealed proposals 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 proposals are the best responsible proposals for the materials, equipment,
supplies or services as shown in the "Proposal;" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Proposals" attached hereto, are hereby accepted and
approved as being the best responsible proposal for such items:
RFSP ITEM
NUMBER NO. VENDOR AMOUNT
1907 ALL MINER AND MINER INC. $174,684.00
1914 ALL TMG CONSULTING INC. $ 24,345.00
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City accepts the offer of the persons submitting the proposals 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 Invitations,
Proposals, and related documents.
SECTION-111. That should the City and persons submitting approved and accepted items and
of the submitted proposals wish to enter into a formal written agreement as a result of the
acceptance, approval, and awarding of the proposal, the City Manager or his designated
representative is hereby authorized to execute the written contract which shall be attached hereto;
provided that the written contract is in accordance with the terms, conditions, specifications,
standards, quantities and specified sums contained in the Proposal and related documents herein
approved and accepted.
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted proposals, the City Council hereby authorizes the expenditure of funds therefor in the
amount and in accordance with the approved proposal or pursuant to a written contract made
pursuant thereto as authorized herein.
SEMON V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: - -
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DATE: SEPTEMBER 17,1996
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: RFSP # 1907. INTEGRATED DISTRIBUTION MANAGEMENT SYSTEM
REC4WMF-NDATI0N- We recommend this proposal from Miner and Miner Inc, be awarded in
the total amount of $174,684.00
SUMMARY: This request for sealed proposals is for the purchase of software to be used with the
GIS System which will allow interfaces to SCAI)A, AMR and other data sources used by the Electric
Engineering Department.
Seven sealed proposals were received in response to thirty notices mailed to prospective vendors.
BACKGROUND; List of respondents, Memorandum from Glenn Fisher 915196, PUB Minutes
recommending approval,
PROGRAWD"ARTMENT&OR GR UPS AFFECTED: Electric Engineering De
Electric Distribution, Electric Utilities, Electric Utility Customers of the City of Denton, partment,
FISCADIMPACTt Budgeted funds for 1996 Electric Utilities accounts:
610-106.1061-4171-9106
610-103-1033-5800-8502
610-103-1033-3910-9103 610-105-1051.9300-8502
Respzctfully submitted:
Ted Benavides
Prepared by: City Manager
+4o,,-P
Name: Denise Harpool
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
'title: Purchasing Agent
769.AGENDA
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LIST OF RESPONDENTS
SOUTHERN ENGINEERING
TELLUS INC.
BLACK AND VEATCH
ADVANCED CONTROL SYSTEMS
CAE ELECTRONICS
MINER & MINER
CONFIGURED ENERGY SYSTEMS
GEO/INFO.
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CITY OF DEN79 W MUNICIPAL tITILIT/ES 901-A TEXAS sTREET •
DENTON. TEXAS 7620E
MEMORANDUM
To: Denise Harpoal
From: Glenn Fishef
Date: September 5, 19
Subject: Software Purchase from Miner & , diner
RECOMMENDATION
The Utilities Staff recommends the approval of the proposal by Miner and Miner,
Inc. to provide application software at a cost of $174,684 as outlined in Exhibit 1.
SUMMARYIBACKGROUND
On June 20, 1996, the City received seven responses to a request for proposal for
a distribution management software. This software will reside on the GiS system
and allow interfaces to SCADA, AMR and other data sources. The resuii will be a
platform that will model the electrical system and promote more efficient operation.
Vendors were asked to submit solutions in fiva main areas;
Database Migration -To provide the interface between the GIS database,
engineering analysis software, outage management software, work order
generation software and external systems such as SCADA and the automatic
meter reading system.
Database Maintenance Software - Provides easy meams to uodate and
verify changes made to the a ectric system database.
Engineering Analysis Software - Includes power flow, short circuit,
coordi^ation, feeder optimization, and capacitor placement.
Outage Management Software - Allows for more efficient outage detection
and restoration,
"Dedicated to Quality service"
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Work Order Generation Software - Provides uniform means to produce
construction drawings, material lists and cost estimates for electric system
extensions.
Of the proposals, Miner and Miner, Inc. and Tellus, Inc. offered solutions in all
areas. These proposals were evaluated using the following weights;
Corporate viability, history, financial stability
and performance in previous projects. 25%
Flexibility and suitability of application software 20%
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Overall cost of implementation, consultation,
and application software. 20%
Qualifications of personnel assigned to the project 10%
Hardware requirements 10%
Operating system and database software
requirements 10%
Expected time schedule 5%
Based on these, the Staff selected Miner and Miner, Inc. to provide the software as
outlined in Exhibit 1.
Miner and Miner has partnered with PTI, Inc. to provide the engineering analysis
tools. These tools include;
Power Flow - Performs single or theee phase analysis of balanced or
unbalanced distribution systems. This allows the system to be viewed under
changing operating parameters, i.e. changing loads, generation, or VAR
levels.
Device Coordination - Reviews the coordination of sectionalizing devices
such as substation Ixeakers, reclosers, fuses, etc. The ensures the system
will be sectionalized in the proper order to minimize the number of customers
affected.
Capacitor Placement - This analyzes feeders to ensure that capacitors are
placed in the most efficient locations. This helps reduce voltage drops and
VARs on the system.
6
Feeder Optimization - Analyzes proposed configurations to minimize losses,
reduce voltage drop, optimize loading or meet other technical constraints.
Miner and Miner is integrating DTI's products and providing;
Database Maintenance Software - Provides basic map generation, map
maintenance, ad hoc query, reporting and display tools.
Outage Management Software - Allows evaluation of outages during normal
and emergency operations. Pinpoints suspected cause of the outage, '
prioritizes outages and provides outage reporting.
Work Order Management Software - Provides means to produce work
sketches, estimate costs, and order material, Allows for automatic updates
of the GIS database.
As a whole, this software will provide the basic platform for the proposed Operation
Center. Some of the major capabilities it will add; 1) provides the means to perform
a more detailed analysis of the system under varying operating characteristics 2)
allows operators the means to use 'what if scenarios to rev;ew switching and
loading before system changes are made, 3) identifies customers affected by
outages and pinpoints the probable cause, reducing outage restoration time.
If you have any questions concerr ing this recommendation, please get with me.
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Exhibit i
COST BREAKDOWN OF MINER AND MINER/PTi
SOFTWARE PRODUCTS
Database Maintenance (4 licenses)
$23,800
Engineering Analysis including power flow,
device coordination, feeder optimization, $69'200
and capacitor placement. (1 license)
Outage Management (5 licenses)
$43,500
Work Order Generation (3 licenses)
$23,184
Oracle, Arc/Info, SQL•Net (7-10 licenses)
$15,000
Total Software Costs
E174,684
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PUBLIC UTILITIES BOARD
MINUTES EXCERPT
14. REVIEW RATE AND HOLD A DISCUSSION ON THE
SOFTWARE/DISPATCH COSTS WITH MINER AND MINER
Ms. Mays introduced Mr. Glen Fisher, Operations Manager. Mr. Fisher
discussed software operations and dispatch costs. Ms. Mays said staff' collected
the functional parts of the software that could be purchased prior to year-end
and these are the items -resented to the Board. Mr. Norton made a motion to
approve the purchase request to Miner and Miner. Mr. Thompson seconded
the motion. All ayes, no nays, motion passed unanimously.
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DATE: SEPTEMBER 17,19%
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: RFSP # 1914 - CUSTOMER SERVICE AND UTILITY BILLING NEEDS
STUDY
RECOMMENDATION: We recommend this proposal be awarded to TMG Consulting, Inc. in the
amount of $24,345.00 for Phase 1 only.
SUMMARY: The content, cost and justification for acceptance of the proposal from TMG was
presented to Council during the work session on September 10, 1996. Phase I, as recommended, will
research and assess the feasibility of outsourcing, partner billing, or selnting a new Customer
Information Service System (CIS) TMG Consulting Inc. will submit a study consisting of a cost
benefit analysis and a written recommendation on the best option for meeting the City of Denton
Customer Information and Utility Billing System needs.
BACKGROUND. Cit, Council Report dated August 20, 1996, presented September 10, 1996;
proposed consulting agreement from TMG Consulting Inc.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Customer Service Division, City
of Denton Municipal Utility and Citizens of Denton.
FISCAL IMPACT. Funds for Phase 1 of the referenced study are available in the 1995-96 budget,
account #100-040-0022-8502 Customer Service Special Services.
Respectfully submitted:
d Benavides
City Manager
Approved by:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
773.AGENDA
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DATE: August 20, 1996
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: STRATEGIC ISSUES RELATED TO UTILITY BILLING
RECOMMENDATION: Staff and the Public Utility Board recommends that the City of
Denton conduct an in-depth study of the Customer Information and Utility Billing System.
The purpose of the study is to identify the best approach to enhance the services we
provide our customers.
BACKGROUND: The quality of our service depends on the satisfaction of our customers.
Therefore, a few years ago we designed and implemented several projects to increase
customer satisfaction through convenience, availability and equity. The City now accepts
request for utility service, disconnects and credit extensions by phone. As a result, the
number of customers that visit our office annually has decreased by more than fifty (50%)
percent. In addition, to give our customers as many options as possible, we now accept
Discover Card for payments. The City Hall in the Mall office extends the same services
as provided in the main office and both offices offer extended hours.
The above mentioned projects are only a few of the recent enhancements to the service
we provide our customers. We continue to provide Equalized Payment Plans, Bank Drafts,
Plus One Support, Co-Signer Notification, Landlord Automatic Re-connection, etc.
However, to provide additional enhancements and prepare for an unpredictable future in
the Electric industry, the City will need to study it's Customer Information and Utility Billing
System. The results of the study will determine which enhancements will be available
(See Attachment "A"). However, we know there is a need for a flexible system which we
can amend in a timely and cost effective manner.
SUMMARY: The proposed study of the City's Customer Information and Utility Billing
System will be in two (2) phases. Phase I will research and assess the feasibility of out-
sourcing, "partner billing", or selecting a new CIS System. Phase tl will involve the
selection of a specific source, firm or software and platform to meet cur utility billing nee~'s
The conclusion of the study will consist of a cost benefit analysis and a written
recommendation on the best option for meeting the City's Customer Information and Utility
Billing System needs.
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On June 13, 1996, we received two (2) responses to our RFP, which was designed
to identify firms capable of conducting such a study. The two (2) responses were
from TMG Consulting, Inc. and Perot Systems Corporation. The cost of the study
conducted by TMG Consulting, Inc. is $73,875 (i.e., $60,000 fixed fee and $13,875
expenses). The cost of the study conducted by the Perot Systems Corporation is
$75,000 plus actual expenses. The Perot System Corporation also failed to present
their proposal in two (2) phases as required by the Request for Proposal.
In addition to being the lowest responsible bidder, TMG Consulting, Inc. also worked
with the City to develop a strategic technology plan. Therefore, we recommend
accepting their proposal. Attachments "B", "C" and "D" identify the major phases of
the entire process and the timelines for the phases that are contained in the proposal.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: City Counch, Public Utility
Board, Utility Department and Customers of the City of Denton will be affected.
FISCAL IMPACT: We recommend that the City only conduct Phase I of the study at
this time, This would cost $24,345 (i.e., $20,000 fixed fee and $4,345 expenses).
Respectfully submitted:
ed Benavides
Prepared by., City Manager
Harlan L. Jeffe'
Director of Fi Operations
Approved by:
KKat bse
Executive Director of Finanace
AFF0129E
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CONSULTANT AGREEMENT
THIS AGREEMENT, made and entered into on this day of
1996 by and between the City of Denton, Texas,
a municipal corporation, hereinafter referred to as "CLiENTPP, and
TMG Consulting, Inc., a Texas corporation located at 9210 Honeycomb
Drive, Austin, Texas 78737, hereinafter referred to as "CONSUL-
TANT".
WITNESSETH
WHEREAS, the CLIENT is seeking to conduct an in-depth study of
its Customer Information and Utility Billing System in order to
research and assess the feasibility of outsourcing, "partner
billing", or selecting a new CIS system; and
WHEREAS, the CONSULTANT is an experienced professional
information system and management consulting firm with particular
knowledge of this Project, possesses the skills required, and has
the personnel resources to perform the required work; and
WHEREAS, this Agreement allows the performance by the CONSUL-
TANT of required services for the Project in a professional manner,
as requested by the CLIENT:
NOW, THEREFORE, for and in consideration of the promises,
covenants, and agreements herein contained, the parties mutually
AGREE as follows:
1. STATEMENT OF SERVICES - SCOPE OF WORK
CONSULTANT agrees to put forth its best effort to provide the
CLIENT with the professional services of CONSULTANT's staff to
perform professional customer system optimization strategy
activities as may be required by the CLIENT.
CONSULTANT shall furnish all necessary labor and supervision,
except as specified hereunder to be furnished by CLIENT, and shall
perform the Services specified i
Addendum CITY OF DENTON, subject to and in accordance c 0wit htheBterms and
conditions of this Agreement.
2. SOLE AGREEMENT
This Agreement shall supersede all prior agreements and
understandings between the parties with respect to the subjects
hereof, and is the entire agreement of the parties. Additional
agreements and documents between the parties, such as proposals
from CONSULTANTS and written acceptances by the CLIENT, may be
attached as mutually agreed Addenda to this Agreement in order to
more specifically define CONSULTANT's participation on individual
projects for which CLIENT shall engage CONSULTANT to provide such
services. This Agreement may only be modified or terminated in
writing by either party.
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3. INCORPORATION OF CJNTRACT DOCUMENTS
The CLIENT's Request for Proposal RFSP
made by the CONSULTANT are #1914 and
the Terms and Conditions hereby incorporated b the Proposal
inte ral part of this Agreement. therein are yherebrence, and a an
the terms of this mgreement. In the event of conflict bet ween
Agreement, the m greement and the exhibits attached to this
of the
attached exh bits will control over the terms and conditions
Proposal made by the CONSU(tbe
LTANT).
Request for Proposal and the
ANT).
4. ASSIGNED EMPLOYEES
CONSULTANT's personnel shall be and will remain at all times,
during such assignments
CONSULTANT, The CLIENT shallmployees and/or subcontractors
due CONSULTANT'S employees not be responsible for an of
connection with and/or subcontractors on any Paof,
In this Agreement. account of, or
CONSULTANT shall
contractor, provide services to CLIENT as an independent
have claim not as an employee of CLIENT. CONSULTANT
Y right arising from employee shall not
CONSULTANT'S status.
CLIENT under this employees and/or subcontractors
opinion, a be Agreement who are found in theCLIENTassisting the
here under, shall bunsatisfactory for services s
sole
such written be removed by CONSULTANT immediatel be performed
replaced with a quest by the CLIENT, Such employee°ehal2ibe
CLIENT as nother CONSULTANT employee satisfactory to the
soon as possible.
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5- INSURANCE
CONSULTANT shall provide and maintain, with forms and insurers
acceptable to CLIENT, until all the obligations under this
Agreement are satisfied, the following coverage;
Comprehensive General Liability Insurance with a
single limit of One Million Dollars ($1,000 000
occurrence. The Policy Cornea cd
injury liabilit y shall include covers e each
injury liability o(inCoper y damage liability,f personal
employee acts), and blankets oncovera
t actualfor contractual and
contain a severabilit said
Y of interests Policy shall
CONSULT Provision.
policies ANT shall furnish insurance certificates
at the CLIENT's request to evidence such insurance or insurance
shall Policies shall name CLIENT as an additional insured The
shall cancelled on a n a provision that such insurance
modified without shall not and
CONSULTANT and CLIENT. In such 30ent ys prior written
the effect
ive date of CONSULT notice to
the change or cancellation shall, prior to
furnish CLIENT
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substitute policies furnishing the same coverage.
CONSULTANT and its insurers providing the required coverage
shall waive any and all claims or rights of recovery against CLIENT
and its directors, officers, employees, and agents.
6. PAYMENT
Based on the scheduled completion of the professional consult-
ing effort as defined under Item 1, Statement of Service - Scope of
Work. All labor services performed by the CONSULTANT shall be
invoiced at a fixed amount of $10,000 per month, with professional
fees guaranteed not to exceed $20,000. Out-of-pocket expenses are
to be billed based upon actual amounts incurred. These expenses
are guaranteed not to exceed $4,345. CLIENT may withhold the final
ten percent (10%) of the contract amount until satisfactory
completion of the work required by this Agreement. It is specifi-
cally understood and agreed that CONSULTANT shall not be authorized
to undertake any work pursuant to this Agreement which would
require additional payments by CLIENT for any charge or expense
above the maximum not to exceed fees as stated, without CONSULTANT
having obtained prior written authorization of CLIENT.
The CLIENT shall make payments to the CONSULTANT under this
Agreement based on the successful and timely completion of the
scheduled services by CONSULTANT. The CONSULTANT will submit to
the CLIENT invoices for services completed the previous month.
Payment by the CLIENT shall be made within thirty (30) days of
receipt of the invoice.
All deliverables and related invoices will be directed to:
Mr. Harlan Jefferson
t Director of Fiscal Operations
City of Denton
215 E. McKinney
Denton, Texas 76201
It is expressly agreed that under no circumstances shall the
CLIENT be responsible for payment or CONSULTANT be entitled to
compensation for any services or expenses of any kind or nature in
addition to the financial participation of the CLIENT unless such
additional amounts are approved by the CLIENT.
In the event the CLIENT determines that it becomes necessary to
amend the project budget, it may be done administratively by the
CLIENT.
7. TERMINATION OF AGREEMENT
The CLIENT shall have the right to terminate this Agreement at
any time at the CLIENT's convenience without cause, by giving five
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(5) days written notice of same to the CONSULTANT. Upon receiving
notice of termination, CONSULTANT shall discontinue the work on the
date and to the extent specified in the notice and place no further
orders for sub services except as needed to continue any portion of
the work which was not terminated. CONSULTANT shall also make
every reasonable effort to cancel, upon terms satisfactory to the
CLIENT, all orders or subcontracts related to the terminated work.
If this Agreement is terminated at the CLIENT's convenience
after CONSULTANT has commenced any work, mobilization, or other
off-site activities under this Agreement, CONSULTANT will be paid
its actually incurred costs, including administrative and general
overhead costs and demobilization costs, determined in accordance
with generally accepted accounting principles consistently applied,
provided that, if compensation under this Agreement is on a time
and materials basis, CONSULTANT will be compensated at the rates
specified in the Agreement for work actually accomplished prior to
the notice of termination. Notwithstanding the foregoing, CLIENT
may terminate this contract immediately, without prior notice, if
for cause.
S. CONFIDENTIALITY OF INFORMATION
The parties acknowledge Lhat in the course of this Agreement
they will have access to, and/or will be in possession of,
confidential information of the other. "Confidential Information"
shall mean information regarded by that party as confidential,
including information relating to its past, present or future
research, development or business affairs; future project purchas-
es; and any proprietary products, materials: or methodologies.
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Each party shall hold in confidence, in the same manner as it
holds its own confidential information of like &nd kind, all
Confidential Information of the other to which it may have access
hereunder. Access to Confidential Information shall be restricted
to those of the party's personnel with a need to know and engaged
in a permitted use. Each party's reports and work papers marked
confidential shall neither be exhibited nor distributed in any way
to parties external to the other party.
The foregoing shall not prohibit or limit either party's use of
information (including, but not limited to , ideas, concepts, know-
how, techniques, and methodologies) previously known to it,
(ii) independently developed by it, acquired by it from a
third party without continuing restriction on use, (£v) which is,
or becomes, publicly available through no breach of this Agreement,
or (v) as may be required by law.
This section shall survive termination of the Agreement for any
reason.
The CLIENT shall be the owner of all work papers created and
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software developed or delivered in connection with this Agreement.
CONSULTANT shall deliver all work papers created in connection with
this Agreement. CONSULTANT shall be entitled to retain a duplicate
set of such work papers for its files for informational purposes
and not for duplication )r distribution.
9. RESPONSIBILITY OF THE CLIENT'
The CLIENT will:
(a) Provide information as to its requirements for the Project
as described in the approved final schedule.
(b) Assist CONSULTANT by placing at its disposal all available
information pertinent to the Project including previous reports
and any other data relative to the Project as is required by
the approved final schedule.
(c) Furnish to CONSULTANT, as requires'. for performance on
CONSULTANT services, data, and other special research as
! required and available and appropriate professional interpreta-
tions of all the foregoing, provide that CLIENT in its sole
opinion is not unduly burdened with complying with this
provision.
(d) Examine all studies, reports, specifications, proposals,
and other documents presented by CONSULTANT, in a timely
manner, and render in writing the decision pertaining thereto
within that time specified in the approved final schedule.
(e) Designate Harlan Jefferson to act as the CLIENT•s Project
Director on behalf of the CLIENT, with respect to the work to
be performed under this Agreement.
(f) Give prompt written notice to CONSULTANT whenever the
CLIENT observes or otherwise becomes aware of any development
that affects the scope or timing of CONSULTANT's services.
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10. WARRANTY
CONSULTANT warrants that the Services and Software shall be
free of defects and shall be in accordance with the requirements of
the Agreement, and that the Software shall be merchantable and
suitable for the use intended, and shall be compatible with, and
capable of efficiently operating on the systems described in Item
1 of the Agreement. Any corrected Services and Software shall be
similarly warranted.
CONSULTANT expressly warrants that by providing the CLIENT with
the services and software that they do not in any way invalidate
the licenses given to the CLIENT by various software vendors, nor
do they breach the confidentiality of such software, documentation,
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or related materials.
11. CCMPLIANCE WITH LAW
T
CONSULTAN agrees to comply with all local, state and federal
laws
, regulations, rules and orders relating to the services as
they may now read or as they may be hereafter amended. In
performing the services required hereunder, CONSULTANT shall not
discriminate against any person on the basis of race, color,
religion, sex, national origin or ancestry, age or physical
hGiidicap.
12. SPECIAL CONDITIONS
The parties also include the following provisions:
(a) If the project scone of work is increased or changed by the
CLIENT in such a manner as to require additional labor or
expenses, CONSULTANT, with written Projecc Director and
Purchasing Office approval, will adjust both scope and fees
through written amendment to this Agreement.
(b) CONSULTANT's project team members will have the opportunity
and authority to contact personnel of the CLIENT directly in
the performance of technical consulting duties.
(c) CONSULTANT shall testify, when required by CLIENT, on
CLIENT's behalf, in any court or governmental or regulatory
agency hearings or proceedings relative to the work performed
under this Agreement.
(d) Disputes on any matter relating to this Contract shall be
discussed and resolved by authorized representatives of each
Party who have the authority to bind the party that they
represent. The Parties shall use thiir best efforts to
amicably and promptly resolve the dispute. However, pending
resolution of any dispute, and at CLIENT's option CONSULTANT
shall proceed with the Work, or that portion thereof, in
dispute, as directed by CLIENT and the cost of such work, or
the portion thereof in dispute, stall be accounted for in a
segregated account pending resolution of the dispute.
(e) uan sultant shall commence, carry on, and complete any and
all work provided for in this Agreement, with all applicable
dispatch, in a sound, economical, efficient manner. In
accomplishing the work, CONSULTANT shall take such steps as are
appropriate to ensure that the work is properly coordinated
with related work being carried on by the CLIENT.
13. ASSIGNABILITY
CONSULTANT shall not assign any interest in this Agreement and
Page 6
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shall not transfer any interest in this Agreement, without the
prior written consent of the CLIENT.
14. INDEMNITY AGREEMENT
CONSULTANT shall indemnify and save and hold harmless the
CLIENT and its officers, agents, and employees from and against any
and all liability, claims, demands, damages, losses and expenses,
including but not limited to court costs and reasonable attorney
fees incurred by the CLIENT, and including without limitation
damages for bodily and personal injury, death and property damage,
resulting from the negligent acts or omissions of the CONSULTANT or
its officers, shareholders, agents, or employees in the execution,
operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a
liability to any person who is not a party to this Agreement and
nothing herein shall waive any of the party's defenses, both at law
or equity, to any claim, cause of action or litigation filed by
anyone not a party to this Agreement, including the defense of
governmental immunity, which defenses are hereby expressly
reserved.
15. ADDRESSES OF PARTIES TO AGREEMENT
All correspondence, contacts, reports, than invoices between the parties n to other
Agreement ohould be made to the following:
City of Denton TMG Consulting
215 E. McKinney 9210 Honeycomb Drive
Denton, TX 76201 Denton, TX 78737
Attn: Mr. Harlan Jefferson Attn: Mr. Greg Galluzzi
Phone: (817) 566-8224 Phone: (512) 288-2655
16. GOVERNING LAW
of Agreement
of with
Texas. Venue of any suit or accordance
action eshlaws
all
lie exclusively in De-,ton County, Texas.
Agreement TtoSbe Hexecuted h by c its duly Denton, Texas cihar caused ty Manager this
CONSULTANT has executed this Agreement through its duly authorized
undersigned officer on this the day of
1996.
Page 7
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CITY OF DENTON, TEXAS
(CLIENT)
BY:
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PP.OUTY, CITY ATTORNEY
BY: kh TMG CONSULTING, INC.
(CONSULTANT)
BY:
NAME:
TITLE:
4
ATTEST:
BY:
Ji\WPDOCS\K\TMJCSLT.R
:age 8
a~.
V
A
ADDENDUM A
PROPOSAL SUBMITTED TO THE CITY OF DENTON
Page 9
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ADDENDUM 8
CITY OF DENTON REQUEST FOR. SEALED PROPOSAL RFSP #1914
Page 10
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Alooda No„ 96 Agenda item t'
Date - 7_.~`^'
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PRO
OF CONTRACTS FOR PUBLIC WORKS OR ~ROVEMF'NTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; VIDING FOR THE AWARD
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for th.;
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and recommended
that the herein described bids are the lowest responsible bids for the construction of the public
works or improvements described in the bid invitation, bid proposals and plans and specifications
therein; NON', THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION-1. That the following competitive bids for the construction 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 being the lowest responsible bids:
BID
NUMBER CONTRACTOR
~ AMOUNT
1931 CIRCLE "C" CONSTRUCTION
1936 HYDRO PUMP & EQUIPMENT $!91,938.50
1940 INSITUFORM TEXARK INC $136,295.00
1941 )AGOE PUBLIC COMP,1Ny $326 $ 99,141.30
1942 DBR CONSTRUCTION ,141.00
$ 38,825.00
SECTION II. That the acceptance and approval of the above competitive bids shzlI not
constitute a contract between the City and the person submitting
public works or improvements herein accepted and approved, until the for person shall construction comply y such
all requiren,:ents specified in the Notice to Bidders including the timA with
contract and furnishing of performance and payment bonds, and insurance tcertificate after
notification of the award of the bid.
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SECTION111. That the City Manager is hereby authorized to execute all necessary written
contracts for the performance of the construction of the public works or improvements in
accordance with the bids accepted and approved herein, provided that such contracts are made in
accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto
specifying the terms, conditions, plans and specifications, standards, quantities and specified sums
contained therein.
SECUON". 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 hereby authorizes the expenditure of funds in the manner and in the amount as specified
in such approved bids and authorized contracts executed pursuant thereto.
SECTION-V. That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:-
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Date: September 17, 1996
CITY COUNCIL REpORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID # 1931 - REPLACE WATERLINE - YORKSHIRE
RECOM1► ENDATION. We recommend this bid be awarded to the low bidder, Circle °C"
Construction, in the total amount of $191,938.50.
SUM~1ARY: This bid is for all labor and materials necessary in extending appres;mately 2100
feet of 12" water main and approximately 1600 feet of 6" water main. The 12" wat-r main will
enable transportation of water from the east side of the city to the north side (toward the future
Hardee Field Booster Pump Station). The 6" water line has a history of fcilures anJ is being
replaced prior to street repaving which is planned for Yorkshire & Picadilly.
Eight bid proposals were received in response to ninety notices to bid mailed to contractors.
BACKGRQUND: Tabulation sheet, Public Utilities Board back-up, Public Utilities Board Minutes
recommending approval.
PROGRAMS,-DEPARTMENTS-011 . GROUPS-AFFECTED: Water Distribution, Water
Utilities, Water Utility Customers of the City of Denton.
EISCALIMPACT: Funds for this project are inclvded in 1996 CIP, Account 6620-081-046I-
R523-9114.
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
Name: Denise Harpool
Title: Senior Buyer
Approved:
oved:
1
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
766. age
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~B1D b 1931 ! 1 I - -
BID NAME REPLACE WATERLINE Bil-Mik Inc. Pasco Radich J C Evans Jogoe Public Mid-State Circle "C" Dickerson
YORKSHIRE Utilities Construction Construction Utilities Inc. Construction Construction
OPEN DATE AUGUST 20,1996
` M QTY DESCRIPTION-- - VENDOR VENDOR- -VENDOR VENDOR VENDOR` VENDOR -VENDOR VENDOR
1. 1 LT TOTAL BID AWARD S265,995.00 $228,929.50 $298,553.00 $267,567.50 5274,642.00 5209,24150 $191,938.50 S226,089.40
Bid Bood yes yes yes yes yes yes yes yes
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ITEM 1
September 4, 1996
PUBLIC UTILITIES BOARD AGENDA ITM
r
TO: CHAIRI AN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R.E. Nelson, Executive Director of Utilities
SUBJECT: CONSIDER BID OPENING NO. 1931 FOR CAPITAL EWPROVEMENT
PROJECT YORKSHIRE WATER LINE REPLACEMENT
RECOMMEi'DATION:
The Utility Staff and the Public Works Engineering Department recommend award of
the contract to Circle "C" Construction for the amount of $191,938.50 for the
construction of Yorkshire Water Line Replacement.
SU114MARY: '
Bids were opened August 20, 1996, with a total participation of 8 bidders. Circle
"C" Construction of Pt. Worth, Texas, is the lowest gwdifud- bidder. Circle "C"
Constnrctioo's bid Is $191,938.50 for the 12" and 6" water line replacement. The bid
is approximately $138,061.50 under budget (including the estimated charge for asphalt
patching).
The bid does not include asphalt patching. The Baginwdq and Transportation
Department will perform this service for $2.00 per square foot of patch. The area to
be patched will be determined after the coahactor has completed work. The estimate
for patching is $16,000.
BACKGROUND.,
The 12" water line extension on Yorkshire is an important step in being able to
transport water from the east side of the city to the north side. The Hardee Field
Booster Pump Station will connect into the line in the future. The replacement of the
6" water line is part e%f the replace water line street program. In this program, water
lines which have had a history of maintenance problems are replaced prior to the
replacement of the existing street. This helps insure that the new pavement will not
need to be excavated to do maintenance.
5
PROGRAM/DRpAR'jN, MNT OR GROUPS AFFECTED:
The citizens of Denton, Denton Municipal Utilities, The City of Denton En
and Transportation Department, Circle "C' Construction. Brnetreng
FISCAL IMPACT:
3346,000 is budgeted in revenue funds for construction in FY 96. See Exhibit V
(Fund Analysis) for more detail.
Respeetfu0y submitted,
_
R. Nelson, Executive Director
Prepared by: Department of Utilities
Herald P. Cosgrive
Engineering Administrator
Approved by:
?Oce
Howard Martin
Dimctor EaviMmeoW operations
Exhibit T: Location
Exhibit II: Projea miderations
Exhibit III: Bid Summary
Exhibit TV: Letter of Recommendation
Exhibit V: Fund Analysis I
Exhibit VI: CM Detail Sheet
h:lwwpAcorresPVa fts10l6.wp6
6
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~UfV MAP
--------ti~
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PROJECT CONSIDERATIONS
YORKSHIRE WATER LLYE REpLACEZ~
• The 12 water line installation will be the ini transmission
tial step in providing
capability fmm he east side of the city towards the future HaMee Field Booster
Pump Station.
t • The Street Department will be
existing water line will insure rt,r he new Yorkshire and PicadillY. Replacing the
perform maintenance, pavement will not need to be excavated go
• The existing water lines are in poor condition and would have to be replaced soon,
even if the street was not being paved.
• The project is within budget.
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SEP-6-1% FR1 15:52 ID:CITY OF DENTON UA TEL NO: 817-566-8120 #480 P01
PUBLIC UTILITIES 86ARD
UNOFFICIAL MINUTES EXCERPTS
September 4, 1996
1. CONSIDER APPROVAL OF BID #1931 FOR REPLACEMENT OF
WATERLINES ON YORKSHIRE STREET IN THE AMOUNT OF
$191,9?8.50
Mr. Gerald Cosgrove presented this item. Circle "C" Construction of Fort
Worth, Texas, is the lowest qualified bidder. Circle "C" Construction's bid is
$191,936.50 for the 12" aid 6" waterline replacement. The bid Is
approximately $136,061.50 under budget (including the estimated charge of
$16,000 for asphalt patching). Mr. Coplen made a motion to approve the bid
as presented. Mr. Norton seconded the motion. Motion approved 4 for • 0
opposed.
9
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DATE: SEPTEMBER 17,1996
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID It 1936 - INTAKE STRUCTURE DREDGING PROJECT
RECOMMENDATION: We recommend this bid be awarded to the low bidder for Alternative
01 Project A, Hydro Pump & Equipment, in the amount of $136,295.00.
S-UMI ARY: This bid is for all labor and materials necessary in dredging approximately 2,000
cubic yards of silt which has buried the lower intake pipe at the Lake Lewisville raw water pump
station. This lower intake has not been used since before the spring floods of 1990, but with the lake
levels dropping this work will be necessary.
Three bid proposals were received in response to fifteen notices mailed to prospective contractors.
BACKGROUND. Tabulation sheet, Public Utilities Board Agenda back-up, Public Utilities Board
Minutes recommending approval.
PROGRAMS,-DEPARTMENTS._OR_GROUPS_AFFECTED. Water Production, Water
Utilities, Water Utility Customers of the City of Denton.
FISCAL,-IMPACT: Budgeted operating funds for 1996 of $50,000 and the balance from Lake
Ray Roberts recreation payment that was not used for 1996.
Respectfully submitted:
Ted Benavides _
Prepared by: City Manager
tpool
Name: Denise Title: Senior Buyer
Approved:
e
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
763 .Ape
10
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C,
BID tf
1936
BID NAME
INTAKE STRUCTURE
DREDGING PROJECT Hydro Pump Garrett
OPEN DATE Equipment McD~ugal
AUCUST20,1996 Construction Construction
_ I
H -QTY -_.-.DESC~RI -
f PTION _ VENDOR
w VEN R _
IS Iota! Base Bid-Pro ect A D_ _OR
593,240.000> 5112,000.00_
LS Total Alternative No, I-Prolecl A
$136,295.00 _5323,580,00
I LS Total Base Bld-Protect A and -5222- ,_000 pp
Alternative No. 2-Pro -ec-l B
S21 3167,58000
--J-_~0,4SS.00 . _5382,000,00
Addendum Acknowledged??
Yes
Bid Bond?~ es
yes -x~-- - -
I
III
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Bin M 1936
j BID NAME INTAKE STRUCTURE Hydro Pump Garrett McDougal
DREDGING PROJECT & Equipment Construction Construction
OPEN DATE AUGUST 20,1996
f! _ TY DESCRIPTION _ -_VENDOR VENDOR VENDOR
LS
Total Batt Bid-Project A 580,495.00 593,240.00 $112,000.00
LS Total Alternative No. I-Projecl A $136,295.00 S323,580,00 5222,000.00
LS Total Base Bid-Project A and
Alternative No.2-Projeet B $210,455.00 _$167,580.00 $382,000.00
AddeodomAckoowled$ed yes 'Yes___._. .
Bid Bond YH yti yoo
N
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ITEM 4
September 4, 1996
PUBLIC UTILITIES BOARD AGENDA ITEM
TO: CHAIRMAN AND MEMBERS OF PUBLIC UTILITIES BOARD
FROM: R. E. NELSON, EXECUTIVE DIRECTOR UTILITIES
SUBP CONSIDER APPROVAL OF BID #1936 FOR INTAKE
STRUCTURE DREDGING PROJECT, LAKE LEWISVILLE
RAW WATER PUMP STATION
RECOMMENDATION:
The Utility staff and the project consulting Engineer (Carter and Burgess, Inc.) recommend
award of the contract to Hydro Pump and Equipment, Inc. The award of the contract will be
dependent upon receiving a 404 permit from the U. S. Army Corps of Engineers (USACOE)'
and be in the amount of 580,495 for Project A or in the amount of $136,295 for Project A
altemative.
SUMMARY:
Bids were opened August 20, 1996, with a total paHcipation of 3 bidders. Hydro Pump and
Equipment, Inc from Houston, Texas is the lowest qualified bidder. Hydro Pump and
Equipment is approximately 522,700 under the Engineer's preliminary estimate for Project A
and approximately SI13,700 under the Engineer's preliminary estimate for Project A -
Altemative. The Fiscal Year 1996 operating budget for the project is 550,000.
BACKGROUND:
The lake Lewisville raw water pumpstation intake was constructed in 1956 before the
completion of the Garza Little Elm Dam. The intake structure has two - 36 inch diameter
intake pipes. The upper intake was constructed at an elevation of 507 feet Mean Sea Level
(MSL) and the lower intake is at 482 feet MSL. The lower intake was installed in a dredged
channel, approximately 10 feet below the natural grade of the land, prior to the filling of the
lake. This dredged channel extends from the lower intake out approximately 1500 feet into
an existing creek channel under the lake. Over the years, this channel filled in with lake
sediments and has caused operational problems when lake levels fall below an elevation of
approximately 510. Dredging work on this channel was last performed in 1980 but was
limited to the area immediately around the lower intake pipe. In 1989, the city hired divers
~ ~e~~~r~w~+f~In~,enueyww~~0/
23
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and a dredging contractor (Levco Systems, Inc.) to re-evaluate the siltation problem. Their
findings indicated that the channel was completely filled with silt with the exception of the
area immediately adjacent to the lower intake. In 1989 the lower intake had been used for
approximately seven months when the lake was low. Most of this sediment had been pumped
through the lake pumps and was deposited into the water plan' sedimentation basins. The
spring floods of 1990 increased lake levels from 507 feet (MSL) to 4 feet over the top of the
flood control pool elevation. Over the next six years, lake levels had been stable at 522 feet
MSL and there has not been a need to use the lower intake. Recognizing the need to address
this maintenance concern, staff began investigating redesign options for the lower intake
structure as well as proposing maintenance dredging activities for this year's budget. The city
hired Island Divers of Denton, Texas to perform an inspection of the upper and lower intakes
in the late spring of 1996. Their inspection concluded that the lower intake was buried under
8 to 10 feet of silt. Due to the drought conditions in North Texas this past year, lake levels
in Lake Lewisville have dropped approximately I1 feet below the conservation pool over the
last 16 months to 511.2 feet above MSL. This unusual condition has forced staff to fast track
a dredging project which includes obtaining a 404 permit from the U. S. Army Corps of
Engineers. To assist staff with this effort, Carter and Burgess, Inc., Dallas, Texas was hired
to develop contract documents and prepare a 404 permit application. Due to time constraints,
a decision was made to parallel track the contract bidding process simultaneously with the 404
permit application to meet schedule deadlines. In an attempt to reduce costs, the consultant
recommended that the 404 permit proposed in-lake placement of the dredged material rather
than hauling off the slurry to an upland site. Therefore, the contract dauments solicited bids
for:
Project A - Dredge 2,000 cubic yards to remove sediment near
the lower intake with in lake placement of dredge
spoils.
Project A - Alternative
Dredge 2,000 cubic yards to remove sediment near
the lower intake with truck transported haul off
and disposal on city owned property near the
landfill.
Project B - Dredge 20,000 cubic yards to clean the entire
1,500 feet channel with lake placement of dredge
spoils
Project B was included as an alternative for consideration since there is a fairly high cost for
mobilization of dredging equipment associated with this project. Due to the bids received and
the high costs in relationship to the budgeted funds for the project, staff is not recommending
further consideration for Project B at this time. Due to fiscal year funding constraints and
time schedule compatibility problems between access to funds and obtaining the 404 permit
};Vbom e~pennyybu D~dmleLSitem lKp~in W e,dl
14
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approval, staff is requesting approval of award of the contract to Hydro Pump and Equipment
Company contingent upon receiving a 444 permit from the USACOE.
FISCAL IMPACT
A total of 550,000 is budgeted in the Water Production FY 1996 operating budget for this
project. The balance of funds are available in this account to cover either project A or A•
Alternative and would come from the $498,000 budgeted for the Lake Ray Roberts recreation
payment. The Ray Roberts payment was not needed in FY 1996 due to the bond sale and
repayment of debt to the U. S. Army Corps of Engineers in the spring of 1996. Staffs
original cost estimate was based upon a 1,000 cubic yard estimate for dredging at a unit cost
of $50 per cubic yard. Based upon recommendations from Carter and Burgess, the project
scope was increased to include a total dredged volume of 2,000 cubic yards. The unit price
from the low bidder was $40.24 per cubic yard for Project A and $68.14 per cubic yard for
Project A - Alternative.
AGENCIES AFFECTED:
The Citizens of Denton, Denton Municipal Utilities, hydro Pump and Equipment, Inc., the
U. S. Army Corps of Engineers, and Carter and Burgess.
Nelson, Executive Director Utilities
ge
Prepared by:
A;-A A '
Tim Fisher, P. E., Water Production Manager
EXHIBITS:
I Location Map
If Bid Summary
III Letter of Recommendation from Carter and Burgess
IV Lake Lewisville Water Level History
V Bid Specifications
J OomHpeeny.D~PuEadminLjiiemUep'JnuYi X61
25
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tow, 11 +:N, i1 lT~Iy . 4~ ~,r 1~, ll., r ~y\f
~ Ii ifs ,r^t: ' ' r' , L I li' 3~"' ~ r, i 2
r, WT.
!ty
y ~~l i r:'•~f"',~+~'~ l r , ~r ti 1 } I /y/~ :'P~ ~l r~/fn~ ~nI Z~
r , .I .I, r~ 1 , i'^~ ' \ ~ y` • ~f~ it
~rl _ ''r , rri`i 're,~..C , - .r ~ _ `J •f .,./-j~('' .e Il.`f1 ~1
fem....
\,•'II~IV ~i ld' ''1' i', ~ i ice' ~ .~'i ' ~ fll~ , i ~~~1~
1.''~}I I`4 1 ~ ? ~ ~~Q•• d:7 '•W I.n~, .,,.41 •C .~_QIr.-+
l~.~r'I,~J~ Y'fi Y I''~, P ~ \"tti7•-~;:~ •r ~ ~7
t fib tl.•. ~ T, - -S r~ ~
~i t 'N 1' ~ h a''~ ~ . ; 5'. • ~ 1. 1 ~y,rY
14 ' r f~ n ~G
X 4 5 f f~! i5~~' +1+ Irmod
Figure 02325.3:
location of Disposal Site for P r
C }7 ; , , ~ I'rnirri r1 ltll'rnrtliv~• rln 1
F
S
- - - - -
81D X 1 936
jBIDNAME INTAKESTRUCTURE Hydro Pump I Garrett j McDougal
DREDGING PROJECT & Equipment Construction Construction
OPEN DATE AUGUST 20,1996
x QTY 1 DESCRIPTION VENDOR VENDOR I VENDOR
IS 'Total Base Bid-Project A 580,495.001 593,240.001 $112,000.00
v LS iTotalAlternativeNo.I- ProectA S136a95.001 $323,580.001 5222,000.001
LS 'Total Base Bid-Project A and
I (Alternative No. 2-Project B i 5210,455.001 5167,580.00 5382,000.001
i
Addendum Acknowledged?', i yes yes
j
Bid Bond?, yes yes yes
Exh. II
17
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~•om *wnnca~ Ass,s;an r* R 'c NELSCWFENAY Due MCI$ -me 9 22 X ev :sps • y
Ob/!5/5A IN 17:04 PAZ 11177335111 CAJrM 1 BURMS1 X001
Cortwr ■ Birrg~ss
,
ComAcift I'lowliv " h-violl Mw*
Augur 29, IM
Mr. TIM Filow, P.P.
Cky of ow*M
WMK Production OMOM
1701.9 8panow Road
0~1 Tom Mm
Re: Raoommandatlon of 4u~ Cadrac w for I tWw dburdura DradpbV ►r*d
Dear Mr. f=i1~r
This WW Y to ad*m =,baol o wd for the abowsfwwmd fro; xt M wm
noafwd 0" ALS* 20, I N$. rflh the low bid for ftW A and AMwrudw 1-Prgjact A
NOV sdwJbd by Hydm Pump i Equkwo Inc
I haw watuatad tla arvlfoatlorls d Hydro Pump i Equipnlan~ nv Ill yM* method
I ~ ~ ~*KI ~ troW~d k+tfloab M~~i1ot oapabw d 5uoo~r oarPNWp
ft PXOl d as bbL Thamfon, I wa=nd Hydro Ptanp i Equlpmwd Inc. as an
*oWled low bidder for ft Inhln ftud me n -clolp Prglaat
If you haw any gw5tloru or nqukv add NlOrW Mbrmatl*M do not It Iata 10 OEM.
CARTER i MJROl88, INC.
Hurt Vihrathw:baa, P.E.
Maoclatl
1mloto,ul!
1 .
color a tarwok is 7!'30 lb 16 Oak Sub 700 Dior, 7a 737 Aw
1214) UM 145 Me" 0141 2""19 Fast 01,q UMW
Exh. III
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F
LAKE LEWISVILLE ELEVATIONS
SEP` 1937 THROUGH JUN. 19,1996
540
530
E-+
w 520
z
.
d 510
dMes Mae moo Moo Me$ Mee moo moo Moo Mee Moo Me* moo me
W 500
W
490
480..........
80 ams _ " ........Man Man .
s 00010. Mee, MM
0M, Mee,
1
1~ O N M
v Ln Ln U1 1~0 ~o
ck,
d, ON O N O N N O N N M cn
O O
DAILY ELEVATION CONSERVATION POOL
READING ELEVATION 522 MSL
CENTER LINE TOP CENTER LINE BOTTOM
INTAKE 507 MSL INTAKE 482 MSL
~M..
C:IDIRECTOR135-00-OOILL-L. PRE
19 Fxh. IV
3 fir,. j -
45
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538. r
Ile it. - -63
I 0 channel
Normal Noter
'•'c
•
ELEVATION Screen
SECTION
scok: IV- 20'
3
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SEP-06-'96 FR1 15:37 1D.CITY OF DENTON uA TEL NO:817=566-8120 #479 P01
PUBLIC U7IIZ=S HOARD
UNOFFICIAL MIN[TIFS EXCERPT
September 4,19%
' CONSIDER APPROVAL OF BID 01!36 FOR INTAKE STRUCTURE
DREDGING PROZCT IN THE AMOUNT OF Wsol" FOR PROXCr
A AND $136,M FOR PROZ T A - ALTERNATIVE
Mr. Tha Fisher praeaded this item refereeing E IV - a sham of the
Late Lowin®e eierafb lew ft m Sept. 1187 to Jam % Mr. Caom
ached A the pnjoet was ■ot a temperary or persamend nkdm to the
problem. Mr. Fbher said Pnjeet A was to rqm& the dwp problem
haft dsedling is haiceft a mAntenaaee function and not a complete
solution. There was extensive discussion regarding this item.
Mr. Coplen recommended approval of Project A (for maintenance) in the
amount of 580,495 and added that staff should encumber Project A -
alternative funding, (for hauling) in the amount of S136,295 but delay
expending those funds until a poll of the Hoard was conducted. Mr.
Norton seconded the motion. Motion passed 4 - for, O - opposed.
I
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DATE: SEPTEMBER 17,1996
CITYC0UNC L KEPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID H1940 -CHISHOLM TRAEL SANITARY SEWER (MONCAYO) HOUSTON
PLACE
rI: We recommend this bid be awarded to the low bidder, Insituform Texark,
Inc., in the total amount of $99,971.30.
SUMMARY; This bid is for all labor and materials necessary in trenchless rehabilitation of
approximately 1,300 feet of 10" sanitary sewer line for the Chisholm Trail and Moncayo Streets area.
Trenchless rehabilitation will be accomplished by pulling a fiberglass or polythene liner into the
existing line and expanding it to the desired dimension. This sanitary sewer has a history of high
maintenance due to roots, offset joints and sags in the main.
Five bids were received in response to ninety-three notices to bid mailed to prospective contractors.
I
BACKGROUND. Tabulation Sheet, Public Utilities Board Agenda back-up, Public Utilities Board
Minutes recommending approval.
PROGRAMS. DEPARTMENTS OROROUP&AFUCTED: Sewer Field Services, Sewer Utility
Customers of the City of Denton.
FISCALIMPACT. Budgeted Funds for CIP account 674.082-RB93-V309-9114 and 9138.
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
_bu
Name: Denise Harpooi
Title: Senior Buyer
Ap~
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
762.ACENDA
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e1D. 044
AID SAME CRISOLM TRAIL SANITARY NO AISr9 Sa9tlm,"we BRNLarvn lulhlaro. Dklerwo
SEWER (MONCAYO) HOUSTON (NIIHe11N UoEertmed lac duvoc6n
PLACE
OPEN DATE AUGUST 79JM
1 47Y DSSCRIPTiOtt ITNDOA IiNDOR VENDOR 1'LNDOA Vi MR
I I.! Clbolm TraE SWury Swr(Mo ys) f
'a. Mr W No W M.147.44 _ 571,17{.60 ` 671 93.11 Slllmm. I
E ARoroau AW E 1119 951.11 No W No W No W 119/,111.11
L -Ahraau luuo 111,744." Na and No W No IY1 f $4,341
x.01 .
7 LS li o Pha SaokorY Swr
a Rw Rk N9W_ f37,414 .11~ 32l,f61.10'. Y1i}7031 fM 091W:
A14nN9 Of
9^111.L ,707.11 No VA No Mf 50,11111
W SwA!~ Is Yq f Pr He Yes
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ITEM 2
September 4, 1996
PUBLIC UTILITIES BOARD AGENDA ITEM
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES
BOARD
FROM: R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES
SUBJECT: CONSIDER THE BID OPENING, NO. 1940 FOR CAPITAL
IM[PROVEMENIT PROJECT CHISHOLM TRAM SANITARY SEWER
(MONCAYO), HOUSTON PLACE, TRENCHLESS
REHABILITATION
RECOIV 51MATION:
The Utility staff recommends award of the contract to Insituform Texark, Inc., for
the amount of $99,971.30 for the construction of Chisholm Trail Sanitary Sewer
(Moncayo) and, Houston Place Trenchless Rehabilitation.
BACKGROUND/SUMMARY:
This is the second phase of the Chisholm Trail project. The first phase was
approved by the PUB on May 16, 1996.
The Chisholm Trail (Moncayo) Sanitary Sewer has a history of surcharging, due
to roots, off set joints and sags in the main. This is causing a health problem to
the residents in the area and the need for constant maintenance by our utility crews.
The rehabilitation of the existing main will help eliminate a reoccurring problem.
The Houston Place section was added to this project to help us achieve a quality
bid and to put all the trenchless technology projects into one bid. Houston Place
sanitary sewer has similar problems in the existing sanitary sewer main.
Bids were opened August 29, 1996 at 2:00 p.m. with a tots participation of 5
bidders. Insituform Texark, Inc. of Chesterfield, Missouri, the lowest qualified
bidder. Insituform Texark, Inc., base bid is $99,971.30 for Chisholm Trail
(Moncayo) and Houston Place Sanitary Sewer Trenchless Rehabilitation. The bid
is approximately $80,028.70 under budget and is $90,285.70 under the engineer's
estimate.
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Brh-Garver, Inc., of Houston, Texas was the apparent low bidder, due t cal
error on a line item in
o a cleri
bidder the bid proposal Brh-Garver, Inc, is now the third lowest
.
In the bid proposal we did take alternate bids on expanding the existing 10"
Sanitary Sewer on Chisholm Trail (Moncayo) to 15" using
Houston Place enlarge the existing lo" to 12" using the same method. burstingAt thissttw e
we have decided not to use pipe bursting due to ground conditions and the possible
damage to residents driveways, streets, and the existing drainage channel.
AGENCIES AFFECTED:
The citizens of Denton, Denton Municipal Utilities, Brh-Garver, Inc., and
Insituform Texark, Inc. of Chesterfield, Missouri.
FISCAL IMPACT:
See Exhibit (Fund Analysis) for more details.
i
Respectfully Submitted,
Robert E. Nelson
Executive Director of Utilities
Prepared by:
Q~"d
Gerald P. Cosgrove, P.E.
Engineering Administrator
Approved by:
A41-Q1 ha--~
Howd d Martin
Director of Environmental Operations
Exhibit I Location Map
Exhibit 2 Bid Summary
Exhibit 3 Fund Analysis
Exhibit 4 Detail Sheets
h .1wwpAp u blChis h.wp6
25
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PROJECT LOCATION
= a
-INGLE TV
WINDSWEP &J UE$ 0
CROW
NDF LD MEA U o
< > 8R LsJ
SENA C
E
A R F OOD TRAIL 1E
L
CHI WON TRAIL SCR TUR
w
R V a
= HOUSTON PL. N
M a
L7
C w % Q
w
C DR,
ti W, OAK
q~
~Ty I Ft, w ryn
I -miflol J
CHISHOLM TRAIL MONCAYO HOUSTON PLACE
EXHIB~ f 1
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SEP-06-'96 FR1 15:52 ID:CITY OF DENTON UA TEL No:B17=566-8120 tt480 P@2
PUBLIC UTILITIES HOARD
UNOFFICIAL MINUTES EXCERPTS
September 4, 1996
2. CONSIDER APPROVAL OF BID 01940 FOR CAPTIAL IMPROVEMENT
PROJECT CHISHOLM TRAIL SANITARY SEWER (MONCAYO),
HOUSTON PLACE, TRENCHLESS REHABILITATION
Mr. Gerald Cosgrove presented this item. Insituform Texark, Inc. of
Chesterfield, Missouri, is the lowest qualified bidder. Insituform Texark, Inc.,
base bid is 599,971.30 for Chisholm Trail (Monceyo) and Houston Place
Sanitary Sewer TremVess Rehabilitation. The bid is approximately $80,028.70
under budget and is $90,285.70 under the engineer's estimate. Brh-Garver,
W., of Houston Taxes was the apparent low bidder, however a clerical error
on a line item in the bid proposal forced them into being the third lowest
bidder.
There was general discussion regarding this item and an explanation of
trenchlass rehabilitation for Mr. Hopkins. Mr. Coplen recommended award of
the bid to the lowest qualified bidder based on Legals' response for bid
approval. I& Norton seconded the motion. Motion approved 4 for - 0
opposed.
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DATE: SEPTEMBER 17, 1996
CITY-COUNCILREPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID N 1941 - HOUSTON PLACE SANITARY SEWER AND WATERLINE
REPLACEMENT
RECOMMENDATION. We recommend this bid be awarded to the low bidder, Jagoe Public
Company, in the total amount of $326,141.00.
SUMMARY., This bid is for all labor and materials necessary in the replacement of the water line
and sanitary sewer line near Houston Place between Hickory and Prairie. These lines are old and
have become a constant maintenance problem for residents and field crews.
Eight bid proposals were received in response to ninety-three notices to bid mailed to prospective
contractors.
BACKGR01JXl2: Tabulation sheet, Public Utilities Board Agenda back-up, Public Utilities
Board Minutes recommending approval.
PROGRAMS J"ARTMENTS-OKGROUPRAFTECTED: Water & Sewer Field Services,
Water & Sewer Utility Customers of the City of Denton.
FISCALIMPACT: Budgeted funds for this project come from CIP revenue funds, account #620-
081.0461-R525-9114 and 625-082.0471-V528-9114.
Respectfully submitted:
~ed Benavides
City Manager
Prepared by:
~~-~~A-YtaaD'~Q
Name: Denise Harpool
Title: Senior Buyer
A prgved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
767.A<38
28
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BID N 1911 I _
i
BID NAME HOUSTON PLACE UTILITV JC EVANS RENAISSANCE JAGOE E.L. DBR PATCO CIRCLE DICKERSON
REPLACEMENT CONSC. CONTRACTORS I PUBLIC DALTON CONST. UTILITIES C. CONST.
CO. INC. INC CONSf.
OPEN DATE AUGUST 29,19%
- - - - DESCR[P770N VENDOR VENDOR VENDOR _ VENDOR VENDOR _ VENDOR VENDOR VEiom
TOTAL BID AWARD 1132,204.50 . $376.6/6.30 S326111.00 1406,87330 S409,591.50 - $407,M.75 _S374.10130 5366 612.00
BOND YES YES YES YES VES YES YES YES
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•'1
ITEM 3
September 4, 1996
PUBLIC LMLrM BOARD AGENDA ITEM
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R.E. Nelson, Executive Director of Utilities
SUBJECT: CONSIDER BID OPENING NO. 1941 FOR CAPITAL WROvEMENT
PROJECT HOUSTON PLACE.UTILITIES REPLACEMENTS.
RECOM 2NDA77ON:
The Utility Staff and the Pubiic,Works
Engineering of contract to Jagoe Public Company for the amount f $$326,141.00 forte construction
of Houston Place Water and Sanitary Sewer lines.
SUMMARY
Bids were opened on August 29, 1996, at 2;00 p.m with a total participation of 8
bidders. Jagoe Public Company of Denton, Texas is the lowest qualified bidder. Jagoe
Public Company's base bid is $326,141.00 for Houston Place Water and Sanitary
Sewer Lines. The bid is approximately $132,785.72 under budget and is S110,840.00
under the engineer's estimate.
BACKGROUND
The water replacements consists of replacing waterlines on and near Houston Place
Street. These lines have been a continual problem in the past that caused patching of
repairs results in problems for the field crews d the residents in the area.
The sewer replacements consists of replacing sewerlines in the area as the existing
sewerlines, being old, are in poor condition and inadequate in size. This causes
surcharge Lad sewage backup resulting in health problems to the residents in the area.
These lines requite continual maintenance by our field crews. This project will increase
size of the sewerlines, relocate sewer services from back of the houses to front on Sena
Street, reduce the difficulty in maintenance, increase capacity and improve system
integrity in the area.
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PROGRAM/DEPARTMENT OR GROUPS AFFECTED:
The Citizens of Denton, Denton Municipal Utilities, City of Denton Engineering and
Transportation Department and Jagoe Public Company.
FISCAL UMPACT:
$327,000 is budgeted in revenue funds for construction is FY%.
Respectfully submitted,
pto
R. E. Nelson, Executive Director
prepared by: Department of Utilities
Gerald P. Cosgrove, P.E.
Engineering Administrator
Approved by:
Aamd AIA-~
Howard Martin
Director of Environmental Operations
Exhibit I: Location Map
Exhibit 2: Project Consideration
Exhibit 3: Bid Summary
Exhibit 4: Fund Analysis
Exhibit 3: CIP Detail Sheet
b:lwwpftpubl Houston, wpb
31
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PFkOJECT LOCATION
110DE
I
JIM CHRISM R06(-_.. _ ._...j._ RE SCRIPTURE
d
NOIRtON Il.
1 REPLACE WATER LINE
1 ~ ~ N
1 KMIO ~ ~ ~ N.
I
OAK
HOUSTON PLACE AREA w.
+
LL) Ew:a
00
lb W
Tim-
e
E9CHIB■T
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PROJECT LOCATION
1 a.
REPLACE SEWER
HOUSTON PLACE AREA ' ~Rn
ms",
waml '
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Ve IL
"ocwm r
Y r ..a.
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$FOAM r
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PROJECT CONSIDERATIONS
HOUSTON PLACE iT rry REPLACEMENTS
• Waterlines in the area are in poor condition and have become a continued maintenance
problem,
• The Existing sewerlines in the area are inadequate in size and are old causing problems
to the residents and field crews for maintenance,
' Existing sewer services on Sena Street are to the back of houses that need to be relocated
to front to avoid maintenance problems in furtre.
• Houston Place Utility Replacement is a revenue funded project that is $132,785.72
under the budget,
34
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SEP-06- 46 FR 1 15: 53 I D: C I TY OF DEMON LA TEL ND: 914-566-8120 #480 P03
PUBLIC UTILITIES BOARD
UNOFFICIAL MINUTES EXCERPTS
September 4, 1996
3. CONSIDER APPROVAL OF BID #1941 FOR CAPITAL IMPROVMENT
PROJECT HOUSTON PLACE UTILITITES REPLACEMENTS
Mr. Gerald Cosgrove presented this item. Jagoe Public Company of Dneton,
Texas is the lowest qualified bidder. Jagoe Public Company's base bid is
$326,141.00 for Houston Place Water and Sanitary Sewer Liens. The bid is
approximately $132,985.72 under budget and is $110,840.00 under the
engineer's estimate. Mr. Coplen made the motion. Mr. Thompson seconded
the motion. Motion approved 4 for - 0 opposed..
35
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DATE: SEPTEMBER 17,1996
C1T]LC0UNCILREp_ORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID # 1942 - COMMUNITY SIDEWALKS. EAST SIDE OF BOLIVAR
STREET
RECOMMENDATION: We recommend ibis bid be awarded to the low bidder, DBR
Construction, in the total amount of 538,825.00.
SUMMARY. This bid is for all labor and materials necessary in the repair of sidewalks on the
east side of Bolivar Street from University Drive south to Pear] Street. This is a portion of the on-
throughout going project the City. Community Development Grant Funds to construct and repair sidewalks
.
vendors. bid proposals were received in response to ninety-three notices to bid mailed to prospective
BACxrgQ111% Tabulation sheet, Memorandum from Barbara Ross dated September 5, 1996,
and Memorandum from David Salmon dated September 4, 1996.
pQarttne~ nLCitizeris o golS Street t-C&OUPSAMCT~= Community Development
F-L%CALIMPACL4 1996 Community Development Grant Funds, Account #219-05A
8502. -CDAB-
Respectfully submitted:
Ted Benavides
Prepared by: 1 ' City Manager
Name: Denise Harpool
Title: Senor Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
770.AG6
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BID M 1942
I
BID NAME COMMUNITY SIDEWALKS FLOYD DOUGLAS DBR RADICH
EAST SIDE OFBOL[VERST SMITH CONCRETE CONST. CONST,
OPEN DATE AUGUST 29,19%
N QTY DESCRIPTION
VENDOR VENDOR VENDOR VENDOR
I
r
TOTAL BID AWARD 540,428.00 544,500,23 UMS-50 563,740.00
BOND YES YES YES { YES
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XY OF DENTON, TEMS 100 WEST OAK SUITE 208 DENTON, TEMS 76201 (817)3n7726 FAX (817) 383 2445
Community Development Office
MEMORANDUM
TO: Tom Shaw, Purchasing
FROM: Barbara Ross, Community Development
DATE: September 5,1996
SUBJECT: Bolivar St. Sidewalk Bid
Based on the attached recommendation from Dave Salmon, Senior Civil Engineer, Community
Development would like to accept DBR Construction's bid on the Bolivar Sidewalk project.
Community Development has worked with both DBR and Mr. Calvert in the past with
acceptable results. Sufficient funds are available for the project based on DBR's bid of $38,825.
Pie =callmet. 7235 with any questions. Thank you.
Barbara Ross
38
"D.,drcal t/ to &olity Son ice"
4
i
Agenda Item
Date
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 PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
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 or natural monopolies; films, manuscripts or books;
electricity, gas, water and other utility purchases; captive replacement parts or components for
equipment; and library materials for a public library that are available only from the persons holding
exclusive distribution rights to the materials; need not be submitted to competitive bids; and
WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above
paragraph; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orders" attached hereto, are hereby approved:
PURCHASE
=EB.NUMBER YENDQR AMOUNT
67657 INTEGRATED COMPUTER SYSTEM $160940.00
67658 AMERICAN MANAGEMENT SYSTEM 5839925.00
SECTIONJU. 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.
SECTIOX.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.
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SECTION IV, That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of , 1496
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: _
SOLE SOURCE
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DATE: SEPTY24BER 17,1996
CITY COUNCHIRUORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: PURCHASE ORDER # 67657 - INTEGRATED COMPUTER SYSTEMS
RECOMME DATIONs We recommend this purchase order to Integrated Computer Systems be
approved in the amount of $16,940.00.
SCARY: This purchase order is for the acquisition of a third mobile data computer (MDC) to
be installed in a new MICU ambulance unit. This MDC is part of the first installation associated with
implementation of the Management Information System (MIS) purchased for Police and Fire, RFP#
1738. Two other MDC are to be installed in two additional ambulances currently on order, which
were previously approved by Council on May 21, 1996.
The prices were included in the original request for proposal awarded to IBM with integrated
Computer Systems as the supplier. The quoted price is $17,261.00 and is for the purchase of up to 100
units and is firm through June 1, 1997. This MDC is $321.00 below the quoted price since some
equipment has already been purchased.
This is sole source purchase of an item protected by copyrights and patents. It is the only unit
available that is guaranteed 100% compatible with the MIS software currently being developed for the
City of Denton.
I
Texas Local Government Code, chapter 252.022 exempts single source purchases from the bid
process.
BACKGROUND: Purchase Order #67657 and price sheet from RFP #1738.
PRO . AMS,n~PAR_T1~II;IYTS OR GRO(rPq AEFFCTED: Information Services Division, Fire
Department EMS Division, and Motor Pool Operations.
FISCAL IMPACT. This MDC will be funded from 1995/96 Capital Acquisition funds account
number 100-070-0040-9107 miscellaneous equipment.
Respect ul 1y submitted:
ed Benavides
City Manager
Approved:
"2)&4
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
771.AGENDA
3
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PURCHASE ORDER NO: THIS IS XXX
67657 COI~IRMING O RDER
viii raxnbor must anposr of, all (IF MARKED)
invoices, delivery slips, cases,
ctns., boxes, pecking slips and bills. 00 NOT DUPLICATE
Pate: 09 09 96 Page No. Ol
Req. Na Bid Na
CITY OF DENTON TEXAS ION / 90
TEXAS
STR PLIFIC8171383-171500 DIFW METRO 8171 67f 0042~FAX 817 3B2 4892 4354
VENDOR INTEGRATED COMPUTER SYSTEM CONFIRMATION ONLY C09
NAMES DELIVERY FIRS DEPARTMENT
1651 N. COLLINS BLVD. ADDRESS 217 N. MCIUMNEY
ADDRESS SMITE 100
RICOARDSOM, TEXAS 75080 DENTON, TEXAS 76201
VENDOR NO.IMT47100 DELIVERY QUOTED 09 30 96 FOB DESTINATION BUYER TS TERMS
e 'f ; Kwtm# a'"F a , ~O{; Y:' a ! t +6ie"..fury ,i„~«. , i, ti• ,rn`' P e l `~'a' •
ME-
s
001 1.00 EA VENDOR CAT. t N / A MFG HAM 16,940.000 16,940.000
CITY 1! 20520
MOBILE DATA COMPUTER FOR FIRE/EMS (AMBULANCE)
a
PA TOTAL: 16,940.00
GRANE TOTAL1 16,940.00
01 100 040 0070 9107 16,940.00
._..-..__..........._.......t 3. Terms • Net 30 Unhu HFU~iu „•uludl
VENDOR INSTitUCTION& 4. Shipping instructions: f.O.B. Destination prepaid an,u tln.r fn t.e1
1. Send Withal Invelce with dwicall cagy. 1
L Bill to - Accounts Payable S. No federal or state sates tee sail be included tare asin9 inslon
41S E MrAinne St in prices billed.
PURCHASING
i
,
Ori, IX 712 1.1?i9.............
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CITY OF DENTON MOC HARDWARE ANALYSIS
era
eJl "am erecveloM I.:a r cu rr reelet rMs AMA"WM MMA , tuQL- Horn
M WOW MDC Dg*ekL 60t 1)X266 am 1 WA
FDIM !gM IAdMlIUieloteb M4 1 WA
RAMS 16& RAM BN 1 WA
0") 0060 SOL Hllemd loom-T, Cam 14 IN 1 WA A-"
ICaIID it M I WA -H
SMANP DalIm QAw LCD Tomb 3wwa hkr&w W&wwd MaatM BM 2 WA A-l1
"DOW LCD B4 2 WA
E H) 10 FL W4 2 1 WA A-"
Swie6 I . RTf I WA MR-C
KVMM comodw Box Fa LJCD Mambm C" am 2 WA A41C
t1RUC SO w 3eea Kwjbmd BM 2 WA
K2jM72~ B16 2 WA A
61 MMdo" BN 2 WA AA.C
am BN 2 WA A#1'
M 1 WA A
IMetat BN 1 WA -ll
mwb sp*AM Nhel G6 1 WA
m %M Dad
IIIIIrIYea 1110dea1
S
Mi" pk&Aw I* Ma wk I WA A Bt
6UP, MDX Mobile Rein! Aslom
3ULTU}'AL M
N
aaTaeellrtla10aa
•AYARTY MA DAM a-/6 aM PI VUL O-OMra OWArAATWN
teAMAMTY I-ONOM 1-04MVPAM t tIM MR, J MM TOTAL 31
cuwwnwot
WMAMM eet
WOOFS:
(A) h In vy WaUke oo6om0e of one MILL' Lek ed be &M by ICS edditieoel MDC "s aal ro*wwt wu be d oc by Ifw: City.
(8) bddbOm pia ie kc MIX Day sod dom nut irvkA k MMllam a de4UMoti m of exb4irti eye,p aL All other in"Ildion wiw be cf ttw on a time end inwaiab bash.
C7'Derd,10dg4 and Piwil w" exposm will be d w"d r kownd.
D) Mlrtt wmwpfee Is far 61w. atmgeney Iw90mr, 004,10 Seat to Spa Mwtdey thKm k 14idey. WNW at tlnltwcaaoce agataent for akre fnformwi0o)
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DATE: SEPTEMBER 17,1996
CITY CQUNCILREPQgT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager .
SUBJECT. PURCHASE ORDER #67658 - AMERICAN MANAGEMENT SYSTEMS
RECOMMENDATION.- We recommend purchase order #67658 to American Management Systems
be approved in the amount of S 83,925.00.
SUMMARY. This purchase order is for the renewal of the annual maintenance agreement with
American Management Systems for the City's financial software system known as LGFS. The
agreement includes routine maintenance, new releases, hotline trouble shooting, and technical and
application assistance. Effective dates are August I, 1996 thru July 31, 1997.
The LGFS software includes financial activities, accounts payable, purchasing, inventory, and budget
preparation. The cost of the 1995-96 agreement was $89,870.00. The [ 996-97 agreement reflects a
$5,945.00 savings. The Data Processing Advisory Board recommends approval.
This maintenance agreement is a sole source acquisition and exempt from the bid process as per
Chapter 252 Texas Local Government Code.
RACKGR01IN1 : Invoice 4009P2026 from American Management Systems, Minutes from Data
Processing Advisory Board dated September 4, 1996.
PRp(:RAMC n S-OR- Finance De
as we as the Information Services all users of the LGFS software. ment and Divisions
WCAL-13JPACT. Funds for the maintenance agreement renewal are available in the 1995/96
budget, account number # 100-044-0080-8521 Information Services Software License.
Respectfully submitted:
Ted Benavides
Approved: City Manager
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
772.AGENDA
6
Jul 22 1996
.No: P2649
invoice No: 009P2026
Mr. Edward Ordesch
lications Systems Manager
C1 y of Denton, Texas
215 E. McKinney
Denton. TX 76201
INVOICE ,
LGFS Maintenance Fees for August 1, 1996
through July 31, 1997,
LGFS $ 249,500.00
Extended Purchasing 85,000.00
Inventory Control 65,000.00
ADVANTAGE/DS !site license) 80.000.00
Subtotal: 9. * 15% -
83,925.00
'h TOTAL INVOICE: S 83,925.0
V~"-/
hark Summers
Financial Administrator
PLEASE NOTE: PAYMENT DUE U~ r°T+ a
Please make remittance payable to: American Mana
P.O. Box 101pement Systems, Inc.
Ref• Inv, # 009P2026
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DRAFr
MMUTES OF
DATA PROCESSING ADVISORY BOARD
MEETING OF SEPTEMBER 49 1996
MEMBERS PRESENT: Don Edwards, Lisa Green, Vicki McCombs,
Maureen Saringer, Warren Searls, Renae Seely,
and Lupe Tovar
MEMBERS ABSENT: None
UTHERS PRESENT: Gary Collins from the City staff
Lupe Tovar made a motion that the minutes of the June 12, 1996 Data Processing Advisory
Board meeting be approved as written, Renae Seely seconded the motion, and it passed
unanimously.
Gary Collins discussed the history of the Data Processing Advisory Board and the name
change of the Data Processing Department to the Information Services Department,
Gary Collins explained that a least one member of the City Council would like the name of
the Data Processing Advisory Board changed to a more appropriate name. Renae Seely
made a motion to recommend the City Council change the name of the Data Processing
Advisory Board to the Information Services Advisory Board. Vicki McCombs seconded the
motion, and it passed unanimously.
Gary Collins provided all the members of the Board with a copy of the Information Services
Long-Range Strategic Plan. Gary Collins presented an overview of the Long-Range Strategic
Plan and stated his purpose tonight was to provide all the members with copies of the plan
for their review and to set up a meeting later for an in-depth discussion of the plan. No
action needed to be taken on this item.
(Board ary Collins indicated that the annual maintenance agreement with American Managemen
ystems for the City's financial system known as LGFS is due for renewal. Gary Collins
old the Board that the software was proprietary software and was a single source vendor.
here was an extensive discussion about the need for keeping the system on maintenance.
arren Searls stated he felt this maintenance agreement was comparable to an insurance
olicy and that if American Management Systems needed to be called in the cost of the
aintenance agreement would be quickly used up in consulting fees. Gary Collins told the
that this system is used by many local governments in the Dallas/Fort Worth
etroplex as well as the rest of the state. Warren Searls made a motion to recommend the
ity Council approve the maintenance agreement with American Management Systems.
icki McCombs seconded the motion, and it passed unanimously.
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Data Processing Advisory Board Minutes
September 4, 1996
Page 2
Vicki McCombs had submitted a list of questions and requests for information prior. to the
meeting. Gary Collins distributed the list of questions and the requested information.
Gary Collins answered a few of the questions. It was determined that there should be
another meeting in October to fully explore these questions, the Long-Range Plan, and the
approved Budget.
There being no further business, the meeting was adjourned for a tour of the computer room
for the new Board members.
AAAQ47E9
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Agenda Nit,
._16
Agenda Item d&-
Date_-"
CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. McKINNEY~ DENTON, TEXAS 76201
(817) 566.8200 DFW METRO 434.2529
MEMORANDUM
DATE: September 13, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Jon Fortune, Chief Finance Officer YN
SUBJECT: APPROVAL OF CONTRACTS OF HOTEL OCCUPANCY TAX RECIPIENTS
Attached please fund five ordinances to approve contracts to allocate hotel occupancy tax revenue
to the following organizations as directed by City Council on September 10, 1996.
Denton County Amphitheater Association $ 3,000
Denton Festival Foundation 20,000
Denton Black Chamber of Commerce 5,000
Denton Hispanic Chamber of Commerce 1,000
Denton Historic Landmark Commission 1,000
The Denton Main Street Association also will receive $17,000. This amount is budgeted in the
1996-97 Main Street Department Budget as an eligible city expense for hotel occupancy funds.
As a contractual condition of the recipients receiving any hotel occupancy tax funds, City
Council first must approve a budget for each recipient. Therefore, within the next few months
prior to the first payment, each recipient will present a budget outlining their planned use of
hotel occupancy tax funds for the contract period.
If you need additional information, please advise. Thank you.
JF at
Amad wa
AFF012E
"Dedicated to Quality Sen-ice"
k
g.
7,20 A+111TAA.00 Agenda Na. g6'03 9
Agenda Item h0
Date 19-/7-9(o
ORDINANCE NO.
A ORDINANCE AUTHORIZING THE MAYOR TO EXECUTIVE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON COUNTY AMPHITHEATRE ASSOCIATION
FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute an
agreement between the City of Denton and the Denton County
Amphitheatre Association for the payment and use of hotel tax
revenue, under the terms and conditions contained in the agreement,
a copy of which is attached hereto and made a part hereof.
6,CTION II. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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AGREEMENT BETWEEN THE CITY OF DENTON AND
THE DENTON COUNTY AMPHITHEATRE ASSOCIATION, INC. (96-97)
PROVIDING FOR THE PAYNENT AND USE Or HOTEL TAX REVENUE
THIS AGREEMENT made between the City of Denton, Texas, a muni-
cipal corporation (the "CITY"), and the Denton County Amphitheatre
Association, Inc., a legal entity existing under the laws of the
State of Texas (the "ASSOCIATION"):
I
WHEREAS, TEX. TAX CODE § 351.002 authorizes the CITY to levy
by ordinance a municipal hotel occupancy tax ("hotel tax") not
exceeding seven percent (74) of the consideration paid by a hotel
occupant; and
WHEREAS, by ordinance 86-67, the CITY has provided for the
assessment and collection of a municipal hotel occupancy tax in the
City of Denton of seven percent (7f); and
WHEREAS, TEX. TAX CODE 5351.101 (a)(3) authorizes the CITY to
use revenue from its municipal hotel occupancy tax to promote
tourism and the convention and hotel industry by advertising and
conducting solicitations and promotional programs to attract
tourists and convention delegates or registrants to the munici-
pality or its vicinity; and
WHEREAS, the ASSOCIATION is well equipped to perform those
activities; and
WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to
delegate by contract with the ASSOCIATION as an independent entity
the management and supervision of programs and activities of the
type described hereinabove funded with revenue from the municipal
hotel occupancy tax;
NOW, THEREFORE, in consideration of the performance of the
mutual covenants and promises contained herein, the CITY and the
ASSOCIATION agree and contract as follows;
1. HOTEL TAY REVENUE PAYKENT TO ASSOCIATION
1.1 consideration. For and in consideration of the activities to
be performed by the ASSOCIATION under this Agreement, the CITY
agrees to pay to the ASSOCIATION a portion of the hotel tax revenue
collected by the CITY at the rates and in the manner specified
herein (such payments by the CITY to the ASSOCIATION sometimes
herein referred to as "the agreed payments" or "hotel tax funds").
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1.2 Amount of Payseats to Association.
(a) As used in this agreement, the following terms shall have
the following specific meanings:
i
lectedand T received by the CITY during any relevant period of
time (i.e., fiscal year or fiscal quarter) as municipal hotel
occupancy tax at the rate of seven percent (7%) of the price
paid for a room in a hotel, pursuant to TEX. TAX CODE §351.002
and City ordinance 86-87, together with and including any sums
of money received by the CITY from taxpayers during any
relevant fiscal quarter or calendar month as attorneyfs fees,
court costa, or other expenses of collection of hotel tax, but
excluding interest and penalties received by the CITY from
taxpayers.
(ii) The term "base payment amount" shall mean Three
Thousand Dollars ($3,000).
(b) The CITY shall pay to ASSOCIATION an amount of money
equal to the base payment amount for the period of October 2, 19961
through September 30, 1997.
1.3 Dates of Payments to Association.
(a) The term "quarterly payments" shall mean payments by the
CITY to the ASSOCIATION of four (4) payments totalling the P.Aount
specified in 11.2.
Seven (b) CITY
Hundred shall pay
Dollars h($750). ASSOCIATION
Each such terry payments nt
shall be paid to the ASSOCIATION on or before theeforty-fifth
(45th) day after the last day of such respective fiscal quarter for
which such payment is due. If quarterly financial and performance
reports are not received within thirty (30) days of the end of the
applicable quarter, then CITY may withhold the quarterly payment(s)
until the appropriate reports are received and approved.
(c) The funding of this project in no way commits the CITY to
future funding of this program beyond the current contract period.
Any future funding is solely the responsibility of the ASSOCIATION.
(d) It is expressly understood that this contract in no way
obligates the General Fund or any other monies or credits of the
CITY.
PAGE 2
II. USE OF HOTEL TAX REVENUE BY ASSOCIATION
2.1 use of Funds. For and in consideration of the payment by the
CITY to the ASSOCIATION of the agreed payments of hotel tax funds
specified above, the ASSOCIATION agrees to use such hotel tax funds
only for advertising and conducting solicitations and promotional
programs to attract tourists and convention delegates or regis-
trants to the municipality or its vicinity, as authorized by TEX.
TAX CODE S 351.101(a)(3).
2.2 Administrative Costs. The hotel tax funds received from the
CITY by the ASSOCIATION may be spent for day-to-day operations,
supplies, salaries, office rental, travel expenses, and other
administrative costs that are incurred directly in the performance
by the ASSOCIATION of those activities specified in 52.1 above and
are allowed by TEX. TAX CODE 9 351.301(f).
2.3 speoific Restrictions on use of Funds.
(a) That portion of total administrative costs of the
ASSOCIATION for which hotel tax funds may be used shall not exceed
that portion of the ASSOCIATION'S administrative costs actually
incurred in conducting the activities specified in 12.1 above.
(b) Hotel tax funds may not be spent for travel for a person
to attend an event or conduct an activity the primary purpose of
which is not directly related to the promotion of tourism and the
convention and hotel industry or the performance of the personts
job in an efficient and professional manner.
In, RECORD xEEpixa AND RB80RTIN0 REQUIREMENTS
3.1 Budget.
(a) On or about September 1 and prior to the disbursement of
any funds for the 1996-97 fiscal year, the ASSOCIATION shall
prepare and submit to the City Manager of the CITY an annual budget
for such fiscal year for the ASSOCIATION and any other operation or
function of the ASSOCIATION in which the hotel tax funds shall be
used by the ASSOCIATION. This budget shall specifically identify
proposed expenditure of hotel tax funds by the ASSOCIATION. In
other words, the CITY should be able to audit specifically where
the funds in the separate account relating to hotel tax funds will
be expended. The CITY shall not pay to the ASSOCIATION any hotel
tax revenues as set forth in Section I. of this contract during any
fiscal year of this Agreement unless a budget for such respective
fiscal year has been approved in writing by the Denton City council
authorizing the expenditure of funds in such Section I.
PAGE 3
a
budget by the Denton City Councilecr ates a fiduciary duty in such
ASSOCIATION with respect to the hotel tax funds paid by the CITY to
the ASSOCIATION under this Agreement. The ASSOCIATION shall expend
hotel tax funds only in the manner and for the purposes specified
in § 351.101(a) TEX. TAX CODE and in the budget as approved by the
CITY.
3.2 Separate Accounts. The ASSOCIATION shall maintain any hotel
tax funds paid to the ASSOCIATION by the CITY in a separate
account.
3.3 Financial Records. The ASSOCIATION shall maintain complete
and accurate financial records of each expenditure of the hotel tax
funds made by the ASSOCIATION and, upon reasonably advance written
request of the Denton City Council or the City"s'Executive Director
of Finance or his designee, shall make such financial records
available for inspection and review by the Denton City Council or
the City's Executive Director of Finance or his designee.
3.4 Quarterly Reports. Within thirty days after the end of every
quarter, the ASSOCIATION shall furnish to the CITY (1) a perfor-
mance report of the work performed under this Agreement, in the
form determined by the City Manager describing the activities
performed under this Agreement during that quarter, and (2) a list
of the expenditures made with regard to hotel tax funds pursuant to
the TEX. TAX CODE ANN. i 351.101(c) (Vernon 1994). The ASSOCIATION
shall promptly respond to any request from the City Manager of the
CITY for additional information relating to the activities
performed under this Agreement.
3.5 Notice of Meetings. The ASSOCIATION shall give the city
Manager of the CITY reasonable advance written notice of the time
and place of general meetings of the Denton County Amphitheatre
Association, Inc.. Board of Directors, as well as any other meeting
of any constituency of the ASSOCIATION at which this Agreement or
any matter the subject of this Agreement shall be considered. This
provision shall not be deemed to require the ASSOCIATION to give
notice of any executive session of the Executive Committee of the
ASSOCIATION. ;
IV. REIMBURSEMENT AND INDEMNIFICATION
4.1 Reimbursement of Association for Administrative costs. In the
event that this Agreement is terminated pursuant to Section 5.2(a),
the CITY agrees to reimburse the ASSOCIATION for any and all
expenses and casts undertaken by the ASSOCIATION in performance of
those activities specified in 12.1 above or expenses or costs
incurred by the ASSOCIATION as described in 12.2 above. The CITY
is obligated to reimburse the ASSOCIATION for expenses and costs as
PAGE 4
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described in 12.2 above only for the period commencing upon the
date notice of termination is given and ending upon the date of
termination. Further, this obligation shall be limited to the
lesser of the actual expenses and costs incurred by the ASSOCIATION
during the one hundred eighty day period preceding termination or
the agreed payments otherwise due and payable to the ASSOCIATION
for such period.
4.2 Reimbursement of Association for Contractual obligations. In
the event that this Agreement is terminated pursuant to Section
5.2(a), the CITY agrees to reimburse the ASSOCIATION for any and
all contractual obligations of the ASSOCIATION undertaken by the
ASSOCIATION in performance of those services specified in 12.1
above, conditioned upon such contractual obligations having been
incurred and entered into in the good faith performance of th;,se
services contemplated in 12.1 above, and further conditioned upon
such contractual obligations having a term not exceeding the full
term of this Agreement. Notwithstanding any provision hereof to
the contrary, the obligation of the CITY to reimburse the ASSOCI-
ATION or to assume the performance of any contractual obligations
of the ASSOCIATION for or under any contract entered into by the
ASSOCIATION as contemplated herein shall not exceed FIVE HUNDRED
DOLLARS ($500.00). Such monetary limitation is cumulative of all
contractual obligations and shall not be construed as a monetary
limitation on a per contract basis.
4.3 payment of Reiabursement to Association.
(a) with respect to expenses and costs incurred by the
ASSOCIATION for which the CITY is obligated to reimburse the
ASSOCIATION pursuant to 14.1 above, the CITY shall pay such
reimbursement amount due, if any, to the ASSOCIATION on or before
the forty-fifth (45th) day after the date of termination of this
Agreement.
(b) With respect to contractual obligations undertaken by the
ASSOCIATION for which the CITY is obligated to reimburse the
ASSOCIATION as provided in 14.2 above, the CITY shall reimburse the
ASSOCIATION for such monetary obligations required in such contrac-
tual obligation in such amounts and at those times such contractual
costs and expenses are due and payable according to the terms of
such contract limitation set forth in 14.2 above.
4.4 indemaifioation. The ASSOCIATION agrees to indemnify, hold
harmless, and defend the CITY, its officers, agents, and employees
from and against any and all claims or suits for injuries, damage,
loss, or liability of whatever kind or character, arising out of or
in connection with the
services contemplated by thisoAgreement, Including iallOsu h claims
or causes of action based upon common, constitutional or statutory
PAGE 5
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4.
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law, or based, in whole or in part, upon allegations of negligent
or intentional acts of ASSOCIATION, its officers, employees,
agents, subcontractors, licensees and invitees.
V. TERM AND TERXINATION
5.1 Term. The term of this Agreement shall commence on October 1,
1996 and terminate at midnight on September 30, 1997. This term
shall be a period of one year.
5.2 Termination.
(a) This Agreement may be terminated by either party by
giving the other party one hundred eighty (180) days advance
written notice.
(b) This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(i) The termination of the legal existence of the
ASSOCIATION;
(ii) The insolvency of the ASSOCIATION, the filing of a
petition in bankruptcy, either voluntarily or involuntarily,
or and assignment by the ASSOCIATION for the benefit of
creditors;
(iii) The continuation of a breach of any of the terms
or conditions of this Agreement by either the CITY or the
ASSOCIATION for more than thirty (30) days after written
notice of such breach is given to the breaching party by the
other party; or
(iv) The failure of the ASSOCIATION to submit a finan-
cial
require
d heroin which ad generally ao epted accou tin procedures
prior to the beginning of the next contract term. principles
We GENERAL PROVISIONS
6.1 Subcontract for Performance of Services. Nothing in this
Agreement shall prohibit, nor be construed to prohibit, the agree-
organiment ASSOCIATION
the performance another
those private
services ydescribed in
12.1 above. In the event that the ASSOCIATION enters into any
arrangement, contractual or otherwise, with such other entity,
person or organization, the ASSOCIATION shall cause such other
entity, person, or organization to adhere to, conform to, and be
subject to all provisions, terms, and conditions of this Agreement
and to TEX. TAX CODE Chap. 351, including reporting requirements,
PAGE 6
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separate funds maintenance, and limitations and prohibitions
pertaining to expenditure of the agreed payments and hotel tax
funds.
4.2 Independent Contractor. The ASSOCIATION shall operate as an
independent contractor as to all services to be performed under
this Agreement and not as an officer, agent, servant, or employee
of the CITY. The ASSOCIATION shall have exclusive control of its
operations and performance of services hereunder, and such persons,
entities, or organizations performing the same and the ASSOCIATION
shall be solely responsible for the acts and omissions of its
directors, officers, employees, agents, and subcontractors. The
ASSOCIATION shall not be considered a partner or joint venturer
with the CITY, nor shall the ASSOCIATION be considered nor in any
manner hold itself out as an agent or official representative of
the CITY.
9.3 Assignment. The ASSOCIATION shall not assign this Agreement
without first obtaining the written consent of the CITY.
6.4 Notice. Any notice required to be given under this Agreement
or any statute, ordinance, or regulation, shall be effective when
given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to
the respective parties as follows:
City Manager A SOCIATION
city of Denton Chairman/Director
Denton County Amphitheatre
215 E. McKinney Association, Inc.
Denton, TX 76201 910 Whitney Ct.
Denton, TX 76205
4.S Inurement. This Agreement and each provision hereof, and each
and every right, duty, obligation, and liability set forth herein
shall be binding upon and inure to the benefit and obligation of
the CITY and the ASSOCIATION and their respective successors and
assigns.
6.6 Application of Laws. All terms, conditions, and provisions of
this Agreement are subject to all cpplicable federal laws, state
laws, the Charter of the City of Denton, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
0.7 s
understanding and constitutes h the entire entire
agreement between the
parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or under-
standings, oral or written, express or implied, between or among
the parties hereto, relating to the subject matter of this agree-
PAGE 7
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meet, which are not fully expressed herein. The terms and con-
ditions of this Agreement shall prevail notwithstanding any
variance in this Agreement from the terms and conditions of any
other document relating to this transaction or these transactions.
6.8 Duplioate Originals. This Agreement is executed in duplicate
originals.
6.9 Headings. The headings and subheadings of the various sec-
tions and paragraphs of this Agreement are inserted merely for the
purpose of convenience and do not express or imply any limitation,
definition, or extension of the specific terms of the section and
paragraph so designated.
EXECUTED this day of , 1996.
THE CITY OF DENTON, TEXAS
By.
JACK MILLER, MAYOR
ATTEST: APPROVED AS TO LEGAL FORM:
By' BY: , r
JENNIFER WALTERS, HERBERT L. ROU Y,
CITY SECRETARY CITY ATTORNEY
DENTON COUNTY AMPHITHEATRE
ASSOCIATION, INC.
By.
Chairman/Director
ATTEST: APPROVED AS TO LEGAL FORM:
By: By:
Secretary
T:\WWS\K\ASS%[ATION. K
PAGE 8
T0WFD0CS`,0RD\F6STIVAL,CRp
Adnhda No."
Agenda Item
Date ~-Z-
~LqORDINANCE NO,
A ORDINANCE AUTHORIZING THE MAYOR TO EXECUTIVE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON FESTIVAL FOUNDATION FOR THE
PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute an
agreement between the City of Denton and the Denton Festival
Foundation for the payment and use of hotel tax revenue, under the
terms and conditions contained in the agreement, a copy of which is
attached hereto and made a part hereof.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: 101.
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AGREEMENT HETWZZN THE CITY OF DENTON AND
THE DENTON FESTIVAL FOUNDATION, INC. (96-97)
PROVIDING FOR THE PAYMENT AND U9Z OF HOTEL TAI REVENUE
THIS AGREEMENT made between the City of Denton, Texas, a muni-
cipal corporation (the "CITY"), and the Denton Festival Foundation,
Inc., a legal entity existing under the laws of the State of Texas
(the "FOUNDATION");
WHEREAS, TEX. TAX C:OE 5 351.002 authorizes the CITY to levy
by ordirance a municipal hotel occupancy tax ("hotel tax") not
exceeding seven percent (7%) of the consideration paid by a hotel
occupant; and
WHEREAS, by Ordinance d6-67, the CITY has provided for the
assessment and collection of a municipal hotel occupancy tax in the
City of Denton of seven percent (7%); and
WHEREAS, TEX. TAX CODE 5351.101 (a) (3) authorizes the CITY to
use revenue from its municipal hotel occupancy tax to promote
tourism and the convention and hotel industry by advertising and
conducting solicitations and promotional programs to attract
tourists and convention delegates or registrants to the munici-
pality or its vicinity; and
WHEREAS, the FOUNDATION is well equipped to perform those
activities; and
WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to
delegate by contract with the FOUNDATION as an independent entity
the management and supervision of programs and activities of the
type described hereindbove funded with revenue from the municipal
hotel occupancy tax;
NOW, THEREFORE, in consideration of the performance of the
mutual covenants and promises contained herein, the CITY and the
FOUNDATION agree and contract as follows;
1. HOTEL TAI REVENUE PAYMENT TO FOUNDATION
t.i Consideration. For and in consideration of the activities to
be performed by the FOUNDATION under this Agreement, the CITY
agrees to pay to the FOUNDATION a portion of the hotel tax revenue
collected by the CITY at the rates and In the manner specified
herein (such payments by the CITY to the FOUNDATION sometimes
herein referred to as "the agreed payments" or "hotel tax funds").
f
f
1.2 Amount of Payments to Foundation.
(a) As used in this agreement, the following terms shall have
the following specific meanings:
(i) The "hotel tax revenue" shall mean the monies col-
lected and received by the CITY during any relevant period of
time (i.e., fiscal year or fiscal quarter) as municipal hotel
j occupancy tax at the rate of seven percent (7%) of the price
paid for a room in a hotel, pursuant to TEX. TAX CODE $351.002
and City ordinance 86-87, together with and including any sums
of money received by the CITY from taxpayers during any
relevant fiscal quarter or calendar month as attorney's fees,
court costs, or other expenses of collection of hotel tax, but
excluding interest and penalties received by the CITY from
taxpayers.
(ii) The term "base payment amount" shall mean Twenty
Thousand Dollars ($20,000).
(b) The CITY shall pay to FOUNDATION an amount of money equal
to the base payment amount for the period of October 1, 19960
through September 30, 1997.
1.3 Dates of Payments to Foundation.
(a) The term "quarterly payments" shall mean payments by the
CITY to the FOUNDATION of four (4) payments totalling the amount
specified in 11.2.
(b) CITY shall pay the FOUNDATION quarterly payments of Five
Thousand Dollars ($5,000). Each such quarterly payment shall be
paid to the FOUNDATION on or before the forty-fifth (45th) day
after the last day of such respective fiscal quarter for which such
payment is due. If quarterly financial and performance reports are
not received within thirty (30) days of the end of the applicable
quarter, then CITY may withhold the quarterly payment(s) until the
appropriate reports are received and approved.
(c) The funding of this project in no way commits the CITY to
future funding of this program beyond the current contract period.
Any future funding is solely the responsibility of the FOUNDATION.
(d) It is expressly understood that this contract in no way
obligates the General Fund or any other monies or credits of the
CITY.
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II. USE OF HOTEL TAX REVENUE BY FOUNDATION
2.1 Use of Funds. For and in consideration of the payment by the
CITY to the FOUNDATION of the agreed payments of hotel tax funds
specified above, the FOUNDATION agrees to use such hotel tax funds
only for advertising and conducting solicitations and promotional
programs to attract tourists and convention delegates or regis-
trants to the municipality or its vicinity, as authorized by TEX.
TAX CODE $ 351.101(a)(3).
2.2 Administrative Costs. The hotel tax funds received from the
CITY by the FOUNDATION may be spent for day-to-day operations, sup-
plies, salaries, office rental, travel expenses, and other admini-
strative costs that are incurred directly in the performance by the
FOUNDATION of those activities specified in 12.1 above and are
allowed by TEX. TAX CODE $ 351.101(f).
2.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative costs of the
FOUNDATION for which hotel tax funds may be used shall not exceed
that portion of the FOUNDATION'S administrative costs actually
incurred in conducting the activities specified in 12.1 above.
(b) Hotel tax funds may not be spent for travel for a person
to attend an event or conduct an activity the primary purpose of
which is not directly related to the promotion of tourism and the
convention and hotel industry or the performance of the person's
job in an efficient and professional manner.
III. RECORD XEEPING AND REPORTING REQUIREXXXTS
3.1 Budget.
(a) On or about September 1 and prior to the disbursement of
any funds for the 1996-97 fiscal year, the FOUNDATION shall prepare
and submit to the City Manager of the CITY an annual budget for
such fiscal year for the FOUNDATION and any other operation or
function of the FOUNDATION in which the hotel tax funds'shall be
used by the FOUNDATION. This budget shall specifically identify
proposed expenditure of hotel tax funds by the FOUNDATION. In
other words, the CITY should be able to audit specifically where
the funds in the separate account relating to hotel tax funds will
be expended. The CITY shall not pay to the FOUNDATION any hotel
tax revenues as set forth in Section I. of this contract during any
fiscal year of this Agreement unless a budget for such respective
fiscal year has been approved in writing by the Denton City Council
authorizing the expenditure of funds in such Section I.
PAGE 3
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budget by the Denton FOUNDATION
Council creates that
fiduciary duty in such
FOUNDATION with respect to the hotel tax funds paid by the CITY to
the FOUNDATION under this Agreement. The FOUNDATION shall expend
hotel tax funds only in the manner and for the purposes specified
in $ 351.101(a) TEX. TAX CODE and in the budget as approved by the
CITY.
3.2 Separate Accounts. The FOUNDATION :,hall maintain any hotel
tax funds paid to the FOUNDATION by the CITY in a separate account.
3.3 Financial Records. The FOUNDATION shall maintain complete and
accurate financial records of each expenditure of the hotel tax
funds made by the FOUNDATION and, upon reasonably advance written
request of the Denton City Council or the City's Executive Director
of Finance or his designee, shall make such financial records
available for inspection and review by the Denton City Council or
the City's Executive Director of Finance or his designee.
3.4 Quarterly Reports. within thirty days after the end of every
quarter, the FOUNDATION shall furnish to the CITY (1) a performance
report of the work performed under this Agreement, in the form
determined by the City Manager describing the activities performed
under this Agreement during that quarter, and (2) a list of the
expenditures made with regard to hotel tax funds pursuant to the
TEX. TAX CODE ANN. $ 351.101(c) (Vernon 1994). The FOUNDATION
shall promptly respond to any request from the City Manager of the
CITY for additional information relating to the activities
performed under this Agreement.
3.S Notice of Meetings. The FOUNDATION shall give the City Manager
of the CITY reasonable advance written notice of the time and place
of general meetings of the Denton Festival Foundation, Inc. Board
of Directors, as well as any other meeting of any constituency of
the FOUNDATION at which this Agreement or any matter the subject of
this Agreement shall be considered. This provision shall not be
deemed to require the FOUNDATION to give notice of any executive
session of the Executive Committee of the FOUNDATION.
IV. REINBURSRMENT AND IMDZxNIFICATION
4.1 Reiabursesent of Association for Administrative Costs. In the
event that this Agreement is terminated pursuant to Section 5.2(a),
the CITY agrees to reimburse the FOUNDATION for any and all
expenses and costs undertaken by the FOUNDATION in performance of
those activities specified in 12.1 above or expenses or costs
incurred by the FOUNDATION as described in 12.2 above. The CITY is
obligated to reimburse the FOUNDATION for expenses and costs as
described in 12.2 above only for the period commencing upon the
date notice of termination is given and ending upon the date of
PAGE 4
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termination. Further, this obligation shall be limited to the
lesser of the actual expenses and costs incurred by the FOUNDATION
during the one hundred eighty day period preceding termination or
the agreed payments otherwise due and payable to the FOUNDATION for
such period.
4.2 Reimburseaent of Foundation for Contractual obligations. In
the event that this Agreement is terminated pursuant to Section
5.2(a), the CITY agrees to reimburse the FOUNDATION for any and all
contractual obligations of the FOUNDATION undertaken by the
FOUNDATION in performance of those services specified in 12.1
above, conditioned upon such contractual obligations having been
incurred and entered into in the good faith performance of those
services contemplated in 12.1 above, and further conditioned upon
such contractual obligations having a term not exceeding the full
term of this Agreement. Notwithstanding any provision hereof to
the contrary, the obligation of the CITY to reimburse the FOUNDA-
TION or to assume the performance of any contractual obligations of
the FOUNDATION for or under any contract entered into by the
FOUNDATION as contemplated herein shall not exceed FIVE HUNDRED
DOLLARS ($500.00). Such monetary limitation is cumulative of all
contractual obligations and shall not be construed as a monetary
limitation on a per contract basis.
4.3 Payment of Reimbursement to Foundation.
(a) With respect to expenses and costs incurred by the
FOUNDATION for which the CITY is obligated to reimburse the
FOUNDATION pursuant to 14.1 above, the CITY shall pay such
reimbursement amount due, if any, to the FOUNDATION on or before
the forty-fifth (45th) day after the date of termination of this
Agreement.
(b) With respect to contractual obligations undertaken by the
FOUNDATION for which the CITY is obligated to reimburse the
FOUNDATION as provided in 14.2 above, the CITY shall reimburse the
FOUNDATION for such monetary obligations required in such contrac-
tual obligation in such amounts and at those times such contractual
costs and expenses are due and payable according to the terms of
such contract limitation set forth in 14.2 above.
4.4 Indemnification. The FOUNDATION agrees to indemnify, hold
harmless, and defend the CITY, its officers, agents, and employees
from and against any and all claims or suits for injuries, damage,
loss, or liability of whatever kind or character, arising out of or
in connection with the performance by the FOUNDATION or those
services contemplated by this Agreement, including all such claims
or causes of action based upon common, constitutional or statutory
law, or based, in whole or in part, upon allegations of negligent
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or intentional acts of FOUNDATION, its officers, employees, agents,
subcontractors, licensees and invitees.
V. TERM AND TERMINATION
S.1 Term. The term of this Agreement shall commence on October 1,
1996 and terminate at midnight on September 30, 1997. This term
shall be a period of one year.
5.2 Termination.
(a) This Agreement may be terminated by either party by
giving the other party one hundred eighty (100) days advance
written notice.
(b) This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(i) The termination of the legal existence of the
FOUNDATION;
(ii) The insolvency of the FOUNDATION, the filing of a
petition in bankruptcy, either voluntarily or involuntarily,
or and assignment by the FOUNDATION for the benefit of
creditors;
(iii) The continuation of a breach of any of the terms
or conditions of this Agreement by either the CITY or the
FOUNDATION for more than thirty (30) days after written notice
of such breach is given to the breaching party by the other
party; or
(iv) The failure of the FOUNDATION to submit a financial
report which complies with the reporting procedures required
herein and generally accepted accounting principles prior to
the beginning'of the next contract term.
VI. GENERAL PROVISIONS
6.1 Subcontract for Performance of Services. Nothing' in this
Agreement shall prohibit, nor be construed to prohibit, the agree-
ment by the FOUNDATION with another private entity, person, or
organization for the performance of those services described in
3.1 above. In the event that the FOUNDATION enters into any
arrangement, contractual or otherwise, with such other entity,
person or organization, the FOUNDATION shall cause such other
entity, person, or organization to adhere to, conform to, and be
subject to all provisions, terms, and conditions of this Agreement
and to TEX. TAX CODE Chap. 351, including reporting requirements,
separate funds maintenance, and limitations and prohibitions
PAGE 6
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pertaining to expenditure of the agreed payments and hotel tax
funds.
6.2 Independent Contractor. The FOUNDATION shall operate as an
independent contractor as to all services to be performed under
this Agreement and not as an officer, agent, servant, or employee
of the CITY. The FOUNDATION shall have exclusive control of its
operations and performance of services hereunder, and such persons,
entities, or organizations performing the same and the FOUNDATIO34
shall be solely responsible for the acts and omissions of its
directors, officers, employees, agents, and subcontractors. The
FOUNDATION shall not be considered a partner or joint venturer with
the CITY, nor shall the FOUNDATION be considered nor in any manner
hold itself out as an agent or official representative of the CITY.
6.3 Assignment. The FOUNDATION shall not assign this Agreement
without first obtaining the written consent of the CITY.
6.4 Notice. Any notice required to be given under this Agreement
or any statute, ordinance, or regulation, shall be effective when
given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to
the respective parties as follows:
CITY EQjAU ION
City Manager Chairman/Director
City of Denton Denton Festival Foundation, Inc.
215 E. McKinney P. O. Box 2104
Denton, TX 76201 Denton, TX 76201
6.5 Inurement. This Agreement and each provision hereof, and each
and every right, duty, obligation, and liability set forth herein
shall be binding upon and inure to the benefit and obligaticn of
the CITY and the FOUNDATION and their respective successors and
assigns.
6.6 Application of Laws. All terms, conditions, and provisions of
this Agreement are subject to all applicable federal laws, state
laws, the Charter of the City of Denton, all ordinancds passed
pursuant thereto, and all judicial determinations relative thereto.
6.7 Exclusive Agreement. This Agreement contains the entire
understanding and constitutes the entire agreement between the
parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or under-
standings, oral or written, express or implied, between or among
the parties hereto, relating to the subject matter of this agree-
ment, which are not fully expressed herein. The terms and con-
ditions of this Agreement shall prevail notwithstanding any
PAGE 7
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variance in this Agreement from the terms and conditions of any
other document relating to this transaction or these transactions.
6.8 Duplicate originals. This Agreement is executed in duplicate
originals.
6.9 $eadings. The headings and subheadings of the various sec-
tions and paragraphs of this Agreement are inserted merely for the
purpose of convenience and do not express or imply any limitation,
definition, or extension of the specific terms of the section and
paragraph so designated.
EXECUTED this day of
1995.
T!IE CITY OF DENTON, TEXAS
By:
JACK MILLER, MAYOR
ATTESTS APPROVED AS TO LEGAL FORM:
By: BY: ew 'If C
JENNIFER WALTERS, HERBERT L. PROUTY,
CITY SECRETARY CITY ATTORNEY
DENTON FESTIVAL FO'JNDATION, INC.
By:
Cha rman/D rector
ATTEST: APPROVED AS TO LEGAL FORMS
By: By:
Secretary
PAGE 8
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T : \47fY JCS \ ORD\E ~'}fIJ~ R .ORD
Apohdo No,6 - 039
Agenda Item_ I?GG
Date 9
ORDINANCE N0.
A ORDINANCE AUTHORIZING THE MAYOR TO EXECUTIVE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON BLACK CHAMBER OF COMMERCE FOR THE
PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION That the Mayor is hereby authorized to execute an
agreement between the City of Denton and the Denton Black Chamber
of Commerce for the payment and use of hotel tax revenue, under the
terms and conditions contained in the agreement, a copy of which is
attached hereto and made a part hereof.
SECTION r . That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
i
AGREEMENT BETWEEN THE CITY OF DENTON AND
THE DENTON BLACE CHAMBER OF COMMERCE (96-97)
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
THIS AGREEMENT made between the Cite of Denton, Texas, a muni-
cipal corporation (the "CITY"), and the Denton Black Chamber of
Commerce, a legal entity existing under the laws of the State of
Texas (the "CHAMBER"):
WHEREAS, TEX. TAX CODE S 351.002 authorizes the CITY to levy
by ordinance a municipal hotel occupancy tax ("hotel tax") not
exceeding seven percent (7%) of the consideration paid by a hotel
occupant; and
assessmentAand collection of a municipal hotel occupancy tax in the
City of Denton of seven percent (7t); and
use revenueSOfromTEX.
its X mCODE S351. 101 unicipal hotel )occupancy authorizes
to promote
tourism and the convention and hotel industry by advertising and
conducting solicitations and promotional programs to attract
tourists and convention delef;acea or registrants to the munici-
pality or its vicinity; and
WHEREAS, the CHAMBER is well equipped to perform those
activities; and
WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to
delegate by contract with the CHAMBER as an independent entity the
management and supervision of programs and activities of the type
described hereinabove funded with revenue from the municipal hotel
occupancy tax;
NOW, THEREFORE, in consideration of the performance of the
mutual covenants and promises contained herein, the CITY and the
CHAMBER agree and contract as follows;
1. HOTEL TAX REVENUE PAYMENT TO CHAMBER
1.1 Considerations For and in consideration of the activities to
be performed by the CHAMBER under this Agreement, the CITY agrees
to pay to the CHAMBER a portion of the hotel tax revenue collected
by the CITY at the rates and in the manner specified herein (such
payments by the CITY to the CHAMBER sometimes herein referred to as
"the agreed payments" or "hotel tax funds").
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1.2 Amoant of Payments to Chamber.
(a) As used in this agreement, the following terms shall have
the following specific meanings:
(i) The "hotel tax revenue" shall mean the monies col-
lected and received by the CITY during any relevant period of
time (i.e., fiscal year or fiscal quarter) as municipal hotel
occupancy tax at the rate of seven percent (7$) of the price
paid for a room in a hotel, pursuant to TEX. TAX CODE 5351.002
and city ordinance 86-87, together with and including any sums
of money received by the CITY from taxpayers during any
relevant fiscal quarter or calendar month as attorney's fees,
court costs, or other expenses of collection of hotel tax, but
excluding interest and penalties received by the CITY from
taxpayers.
(ii) The term "base payment amount" shall mean Five
Thousand Dollars ($5,000).
(b) The CITY shall pay to CHAMBER an amount of money equal to
the base payment amount for the period of October 1, 1996, through
September 30, 1997.
1.2 Dates of Payments to Chamber.
(a) The term "quarterly payments" shall mean payments by the
CITY to the CHAMBER of four (4) payments totalling the amount
specified in 11.2.
(b) CITY shall pay the CHAMBER quarterly payments of One
Thousand, Two Hundred Fifty Dollars ($1,250). Each such quarterly
payment shall be paid to the CHAMBER on or before the forty-fifth
(45th) day after the last day of such respective fiscal quarter for
which such payment is due. If quarterly financial and performance
reports are not received within thirty (30) days of the end of the
applicable quarter, then CITY may withhold the quarterly payment(s)
until the appropriate reports are received and approved.
(c) The funding of this project in no way commits the CITY to
future funding of this program beyond the current contract period.
Any future funding is solely the responsibility of the CHAMBER.
(d) It is expressly understood that this contract in no way
obligates the General Fund or any other monies or credits of the
CITY.
PAGE 2
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II. USE OF HOTEL TAX REVENUE BY CHAMBER
2
CITY to CHAMBER of the .1 Use of Funds. For and in consideration of the payment by the
specs iedt above,, the CHAMBER agrees payments use su such of hotel tax funds
hotel tax funds
only for advertising and conducting solicitations and promotional
programs to attract tourists and convention delegates or regis-
trants to the municipality or its vicinity, as authorized by TEX.
TAX CODE $ 351.101(a)(3).
2.2 Administrative Costs. The hotel tax funds received from the
CITY by the CHAMBER may be spent for day-to-day operations, sup-
plies, salaries, office rental, travel expenses, and other admini-
strative costs that are incurred directly in the performance by the
CHAMBER of those activities specified in 12.1 above and are allowed
by TEX. TAX CODE $ 351.101(f).
2.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative costs of the CHAMBER
for which hotel tax funds may be used shall not exceed that portion
of the CHAMBER'S administrative costs actually incurred in con-
ducting the activities specified in 12.1 above.
(b) Hotel tax funds may not be spent for travel for a person
t
o attend an event or conduct an activity the primary purpose of
which is
conventionoandihotelyInrelated to the dustry or the promotion of tourism and the
job in an efficient and professional manner,mance of the persons
III. RECORD KEEPING AND REPORTING REQUIREMENTS
3.1 Budget.
(a) On or about September 1 and prior to the disbursement of
any funds for the 1996-97 fiscal year, the CHAMBER shall prepare
and submit to the City Manager of the CITY an annual budget for
such fiscal year for the CHAMBER and any other operation or
function of the CHAMBER in which the hotel tax funds shall be used
by the CHAMBER. This budget shall specifically identify proposed
expenditure of hotel tax funds by the CHAMBER. In other words, the
CITY should be able to audit specifically where the funds in the
separate account relating to hotel tax funds will be expended. The
CITY shall not pay to the CHAMBER any hotel tax revenues as set
forth in Section I. of this contract during any fiscal year of this
Agreement unless a budget for such respective fiscal year has been
approved in writing by the Denton City Council authorizing the
expenditure of funds in such Section I.
PAGE 3
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(b) The CHAMBER acknowledges that the approval of such budget
by the Denton City Council creates a fiduciary duty in the CHAMBER
with respect to the hotel tax funds paid by the CITY to the CHAMBER
under this Agreement. The CHAMBER shall expend hotel tax funds
only in the manner and for the purposes specified in S 351.101(a)
TEX. TAX CODE and in the budget as approved by the CITY.
3.2 Separate Accounts. The CHAMBER shall maintain any hotel tax
funds paid to the CHAMBER by the CITY in a separate account.
3.3 Financial Records. The CHAMBER shall maintain complete and
accurate financial records of each expenditure of the hotel tax
funds made by the CHAMBER and, upon reasonably advance written re-
quest of the Denton City Council or the City's Executive Director
of Finance or his designee, shall make such financial records
available for inspection and review by the Denton City Council or
the City's Executive Director of Finance or his designee.
3.4 Quarterly Reports. Within thirty days after the end of every
quarter, the CHAMBER shall furnish to the CITY (1) a performance
report of the work performed under this Agreement, in the form
determined by the City Manager describing the activities performed
under this Agreement during that quarter, and (2) a list of the
expenditures made with regard to hotel tax funds pursuant to the
TEX. TAX CODE ANN. $ 351.101(c) (Vernon 1994). The CHAMBER shall
promptly respond to any request from the City Manager of the CITY
for additional information relating to the activities performed
under this Agreement.
3.5 Notice of Kestings. The CHAMBER shall give the city Manager of
the CITY reasonable advance written notice of the time and place of
general meetings of the Denton Black Chamber of Commerce Board of
Directors, as well as any other meeting of any constituency of the
CHAMBER at which this Agreement or any matter the subject of this
Agreement shall be. considered. This provision shall not be deemed
to require the CHAMBER to give notice of any executive session of
the Executive Committee of the CHAMBER.
IV. REIKBURSEKENT AND INDEKNIFICATION
4.1 Reimbursement of Chamber for Administrative Costs. In the
event that this Agreement is terminated pursuant to Section 5.2(a),
the CITY agrees to reimburse the CHAMBER for any and all expenses
and costs undertaken by the CHAMBER in performance of those
activities specified in 12.1 above or expenses or costs incurred by
the CHAMBER as described in 12.2 above. The CITY is obligated to
reimburse the CHAMBER for expenses and costs as described in 12.2
above only for the period commencing upon the date notice of
termination is given and ending upon the date of termination.
Further, this obligation shall be limited to the lesser of the
PAGE 4
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actual expenses and costs incurred by the CHAMBER during the one
hundred eighty day period preceding termination or the agreed
payments otherwise due and payable to the CHAMBER for such period.
4.2 Reimbursement of Chamber for Contractual Obligations. In the
event that this Agreement is terminated pursuant to Section 5.2(a),
the CITY agrees to reimburse the CHAMBER for any and all contractu-
al obligations of the CHAMBER undertaken by the CHAMBER in perfor-
mance of those services specified in 52.1 above, conditioned upon
such contractual obligations having been incurred and entered into
in the good faith performance of those services contemplated in
52.1 above, and further conditioned upon such contractual obliga-
tions having a term not exceeding the full term of this Agreement.
Notwithstanding any provision hereof to the contrary, the obliga-
tion of the CITY to reimburse the CHAMBER or to assume the perfor-
mance of any contractual obligations of the CHAMBER for or under
any contract entered into by the CHAMBER as contemplated herein
shall not exceed FIVE HUNDRED DOLLARS ($500.00). Such monetary
limitation is cumulative of all contractual obligations and shall
not be construed as a monetary limitation on a per contract basis.
4.3 Payment of Reimbursement to Chamber.
CHAMBER)foriwhich he CITY is obligated dto costs reimburse rthe CHAMBthe
ER
pursuant to 54.1 above, the CITY shall pay such reimbursement
amount due, if any, to the CHAMBER on or before the forty-fifth
(45th) day after the date of termination of this Agreement.
(b) With respect to contractual obligations undertaken by the
CHAMBER for which the CITY is obligated to reimburse the CHAMBER as
provided in 54.2 above, the CITY shall reimburse the CHAMBER for
such monetary obligations required in such contractual obligation
in such amounts and at those times such contractual costs and
expenses are due. and payable according to the terms of such
contract limitation set forth in 54.2 above.
4.4 Indemnification. The CHAMBER agrees to indemnify, hold
harmless, and defend the CITY, its officers, agents, and employees
from and against any and all claim; or suits for injuries; damage,
loss, or liability of whatever kind or character, arising out of or
in connection with the performance by the CHAMBER or those services
contemplated by this Agreement, including all such claims or causes
of action based upon common, constitutional or statutory law, or
based, in whole or in part, upon allegations of negligent or
intentional acts of CHAMBER, its officers, employees, agents,
subcontractors, licensees and invitees.
V. TERM AND TERMINATION
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5.1 Term. The term of this Agreement shall commence on October 1,
1996 and terminate at midnight on September 30, 1997. This term
shall be a period of one year.
5.2 Termination.
(a) This Agreement may be terminated by either party by
giving the other party one hundred eighty (180) days advance
written notice.
(b) This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(i) The termination of the legal existence of the
CHAMBER;
(ii) The insolvency of the CHAMBER, the filing of a
petition in bankruptcy, either voluntarily or involuntarily,
or and assignment by the CHAMBER for the benefit of creditors;
(iii) The continuation of a breach of any of the terms
or conditions of this Agreement by either the CITY or the
CHAMBER for more than thirty (30) days after written notice of
such breach is given to the breaching party by the other
party; or
(iv) The failure of the CHAMBER to submit a financial
report which complies with the reporting procedures required
herein and generally accepted accounting principles prior to
the beginning of the next contract term.
VI. GENSJM PROVISIONS
6.1 Subcontract for Performance of Services. Nothing in this
Agreement shall prohibit, nor be construed to prohibit, the agree-
ment by the CHAMBER with another private entity, person, or organi-
zation for the performance of those services described in 12.1
above. In the event that the CHAMBER enters into any arrangement,
contractual or otherwise, with such other entity, person or organi-
zation, the CHAMBER shall cause such other entity, person,'or orga-
nization to adhere to, conform to, and be subject to all provi-
sions, terms, and conditions of this Agreement and to TEX. TAX CODE
Chap. 351, including reporting requirements, separate funds main-
tenance, and limitations and prohibitions pertaining to expenditure
of the agreed payments and hotel tax funds.
6.2 Independent Contractor. The CHAMBER shall operate as an
independent contractor as to all services to be performed under
this Agreement and not as an officer, agent, servant, or employee
of the CITY. The CHAMBER shall have exclusive control of its
PAGE 6
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operations and performance of services hereunder, and such persons,
entities, or organizations performing the same and the CHAMBER
shall be solely responsible for the acts and omissions of its
directors, officers, employees, agents, and subcontractors. The
CHAMBER shall not be considered a partner or joint venturer with
the CITY, nor shall the CHAMBER be considered nor in any manner
hold itself out as an agent or official representative of the CITY.
663 Assignment. The CHAMBER shall not assign this Agreement
without first obtaining the written consent of the CITY.
6.4 Notice. Any notice required to be given under this Agreement
or any statute, ordinance, or regulation, shall be effective when
given in writing and deposited in the United states mail, certified
mail, return receipt requested, or by hand-delivery, addressed to
the respective parties as follows:
CITY CHAMBER
City Manager Chairman/Director
City of Denton Denton Black Chamber of Commerce
215 E. McKinney 625 Dallas Drive
Denton, TX 76201 Denton, TX 76205
6.S Inurement. This Agreement and each provision hereof, and each
and every right, duty, obligation, rand liability set forth herein
shall be binding upon and inure to the benefit and obligation of
the CITY and the CHAMBER and their respective successors and
assigns.
6.6 Application of Laws. All terms, conditions, and provisions of
this Agreement are subject to all applicable federal laws, state
laws, the Charter of the City of Denton, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
667 Rzolusive Agreement. This Agreement contains the entire
understanding and constitutes the entire agreement between the
parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or under-
standings, oral or written, express or implied, between,or among
the parties hereto, relating to the subject matter of this agree-
ment, which are not fully expressed herein. The terms and con-
ditions of this Agreement shall prevail notwithstanding any
variance in this Agreement from the terms and conditions of any
other document relating to this transaction or these transactions.
6.a Duplicate Originals. This Agreement is executed in duplicate
originals.
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6.9 Headings. The headings
and ' tions and paragraphs of this Agreement eareninsert d merely forsthe
purpose of convenience and do not express or imply any limitation,
definition, or extension of the specific terms of the section and
paragraph so designated.
! EXECUTED this _ day of
2996.
THE CITY OF DENTON, TEXAS
By.,
JACK MILLER, MAYOR
ATTEST: APPROVED AS TO LEGAL FORM:
By: By: Q
JENNIFER WALTERS, HERBERT L.
PRO Y,
CITY SECRETARY CITY ATTORNEY
DENTON BLACK CHAMBER OF COMMERCE
By.
Cha rman/D rector
ATTEST: APPROVED AS TO LEGAL FORM:
By: By:
Secretary
PAGE 8
T:\MDDCCS\C,d.'.. R71LVd7i0., CIti~
Atlahda No.
(7 Ll
Agen4a Stem
Date -i -
Y%-ORDINANCE NO.
A ORDINANCE AUTHORIZING THE MAYOR TO EXECUTIVE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON HISPANIC CHAMBER OF COMMERCE FOR
THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING F._r
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIQN I. That the Mayor is hereby authorized to execute an
agreement between the City of Denton and the Denton Hispanic
Chamber of Commerce for the payment and use of hotel tax revenue,
under the terms and conditions contained in the agreement, a copy
of which is attached hereto and made a part hereof.
SECTION II. That this ordinance shall become effective
irnmediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
AGREEMENT BETWEEN THE CITY OF DENTON AND
THE DENTON HISPANIC CHAMBER OF COMMERCE (96-97)
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE
THIS AGREEMENT made between the City of Denton, Texas, a muni-
cipal corporation (the "CITY"), and the Denton Hispanic Chamber of
Commerce, a legal entity existing under the laws of the State of
Texas (the "CHAMBER"):
ordinance a TEX. TAX
hotel occupancy authorizes
tax e ("hotel CITY to
tax") levy
by not
exceeding seven percent (7t) of the consideration paid by a hotel
occupant; and
WHEREAS, by Ordinance 86-67, the CITY has provided for the
assessment and collection of a municipal hotel occupancy tax in the
City of Denton of seven percent (7t); and
WHEREAS, TEX. TAX CODE 5351.101 (a) (3) authorizes the CITY to
use revenue from its municipal hotel occupancy tax to promote
tourism and the convention and hotel industry by advertising and
conducting solicitations and promotional programs to attract
tourists and convention delegates or registrants to the munici-
pality or its vicinity; and
WHEREAS, the CHAMBER is well equipped to perform those
activities; and
WHEREAS, TEX. TAX CODE 5351.101 (c) authorizes the CITY to
delegate by contract with the CHAMBER as an independent entity the
management and supervision of programs and activities of the type
described hereinabove funded with revenue from the municipal hotel
occupancy tax;
NOW, THEREFORE, in consideration of the performance of the
mutual covenants a*nd promises contained herein, the CITY and the
CHAMBER agree and contract as follows;
I. HOTEL TAX REVENUE PAYMENT TO CHAMBER
1.1 Consideration. For and in consideration of the activities to
be performed by the CHAMBER under this Agreement, the CITY agrees
to pay to the CHAMBER a portion of the hotel tax revenue collected
by the CITY at the rates and in the manner specified herein (such
payments by the CITY to the CHAMBER sometimes herein referred to as
"the agreed payments" or "hotel tax funds").
it
1.2 Amount of Payments to Chamber.
(a) As used in this agreement, the following terms shall have
the following specific meanings:
(i) The "hotel tax revenue" shall mean the monies col-
lected and received by the CITY during any relevant period of
time (i.e., fiscal year or fiscal quarter) as municipal hotel
occupancy tax at the rate of seven percent (7k) oY the price
paid for a room in a hotel, pursuant to TEX. TAX CODE 5351.002
and city ordinance 86-87, together with and including any sump
of money received by the CITY from taxpayers during any
relevant fiscal quarter or calendar month as attorney's fees,
court costs, or other expenses of collection of hotel tax, but
excluding interest and penalties received by the CITY from
taxpayers.
(ii) The term "base payment amount" shall mean One
Thousand Dollars ($1,000).
(b) The CITY shall pay to CHAMBER an amuurt oc morn.i}, equal to
the base payment amount for the period of October 1, 1995; through
September 30, 1997.
1.3 Dates of Payments to Chamber.
(a) The term "quarterly payments" shall mean payments by the
CITY to the CHAMBER of four (4) payments totalling the amount
specified in 51.2.
Hundred)Fif CITY
Dol ($250). sha lars pay the CHAMBER quarterly payments of Two
paid to the CHAMBER on or before c the u forty-fifth payment
dayaafter
the last day of such respective fiscal quarter for which such
payment is due. If quarterly financial and performance reports are
not received within thirty (30) days of the end of the applicable
quarter, then CITY may withhold the quarterly payment(s) until the
appropriate reports are received and approved.
(c) The funding of this project in no way commits the CITY to
future funding of this program beyond the current contract period.
Any future funding is solely the responsibility of the CHAMBER.
(d) It is expressly understood that this contract in no way
obligates the General Fund or any other monies or credits of the
CITY.
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II. USE OF HOTEL TAY REVENUE BY CHAMBER
2.1 Use of Funds. For and in consideration of the payment by the
CITY to the CHAMBER of the agreed payments of hotel tax funds
specified above, the CHAMBER agrees to use such hotel tax funds
only for advertising and conducting solicitations and promotional
programs to attract tourists and convention delegates or regis-
trants to the municipality or its vicinity, as authorized by TEX.
TAX CODE S 351.101(a)(3).
2.2 Administrative Costs. The hotel tax funds received from the
CITY by the CHAMBER may be spent for day-to-day operations, sup-
plies, salaries, office rental, travel expenses, and other admini-
strative costs that are incurred directly in the performance by the
CHAMBER of those activities specified in 12.1 above and are allowed
by TEX. TAX CODE S 351.101(f).
2.3 Specific Restrictions on Use of Funds.
(a) That portion of tatal administrative costs of the CHAMBER
for which hotel tax funds may be used shall not exceed that portion
of the CHAMBER'S administrative costs actually incurred in con-
ducting the activities specified in 12.1 above.
(b) Hotel tax funds may not be spent for travel for a person
to attend an event or conduct an activity the primary purpose of
which is not directly related to the promotion of tourism and the
convention and hotel industry or the performance of the person's
job in an efficient and professional manner.
III. RECORD REEPINO AND REPORTING REQUIREMENTS
3.1 Budget.
(a) On or about September 1 and prior to the disbursement of
any funds for the 1996-97 fiscal year, the CHAMBER shall prepare
and submit to the City Manager of the CITY an annual budget for
such fiscal year for the CHAMBER and any other operation or
function of the CHAMBER in which the hotel tax funds shall be used
by the CHAMBER. This budget shall specifically identify proposed
expenditure of hotel tax funds by the CHAMBER. In other words, the
CITY should be able to audit specifically where the funds in the
separate account relating to hotel tax funds will be expended. The
CITY shall not pay to the CHAMBER any hotel tax revenues as set
forth in Section I. of this contract during any fiscal year of this
Agreement unless a budget for such respective fiscal year has been
approved in writing by the Denton City Council authorizing the
expenditure of funds in such section I.
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(b) The CHAMBER acknowledges that the approval of such budget
by the Denton City Council creates a fiduciary duty in the CHAMBER
with respect to the hotel tax funds paid by the CITY to the CHAMBER
under this Agreement. The CHAMBER shall expend hotel tax funds
only in the manner and for the purposes specified in g 351.101(x)
TEX. TAX CODE and in the budget as approved by the CITY.
3.2 Separate Accounts. The CHAMBER shall maintain any hotel tax
funds paid to the CHAMBER by the CITY in a separate account.
3.3 Financial Records. The CHAMBER shall maintain complete and
accurate financial records of each expenditure of the hotel tax
funds made by the CHAMBER and, upon reasonably advance written re-
quest of the Denton City Council or the City's Executive Director
of Finance or his designee, shall make such financial records
available for inspection and review by the Denton City council or
the City's Executive Director of Finance or his designee.
394 Quarterly Reports. Within thirty days after the end of every
quarter, the CHAMBER shall furnish to the CITY (1) a performance
report of the work performed under this Agreement, in the form
determined by the City Manager describing the activities performed
under this Agreement during that quarter, and (2) a list of the
expenditures made with regard to hotel tax funds pursuant to the
TEX. TAX CODE ANN. S 351.101(c) (Vernon 1994). The CHAMBER shall
promptly respond to any request from the city Manager of the CITY
for additional information relating to the activities performed
under this Agreement.
3.S Notice of Xestings. The CHAMBER shall give the City Manager of
the CITY reasonable advance written notice of the time and place of
general meetings of the Denton Black Chamber of Commerce Board of
Directors, as well as any other meeting of any constituency of the
CHAMBER at which this Agreement or any matter the subject of this
torrequiresthelCHAMBER toogiae notice of any executive sessior of This provision shall not be deemed
the Executive Committee of the CHAMBER.
IV• REIMBURSAMENT AND INDS WIFICATION
4.1 Reiaburasient of Chamber for Adainistrative Costs. In the
event that this Agreement is terminated pursuant to Section 5.2(a),
the CITY agrees to reimburse the CHAMBER for any and all expenses
and costs undertaken by the CHAMBER in performance of those
activities specified in 12.1 above or expenses or costs incurred by
the CHAMBER as described in 12.2 above. The CITY is obligated to
reimburse the CHAMBER for expenses and costs as described in 12.2
above only for the period commencing upon the date notice of
termination is given and ending upon the date of termination.
Further, this obligation shall be limited to the lesser of the
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actual expenses and costs incurred by the CHAMBER during the one
hundred eighty day period preceding termination or the agreed
payments otherwise due and payable to the CHAMBER for such period.
4.2 Reimbursement of Chamber for Contraotual obligations. In the
event that this Agreement is terminated pursuant to Section 5.2(a),
the CITY agrees to reimburse the CHAMBER for any and all contractu-
al obligations of the CHAMBER undertaken by the CHAMBER in perfor-
mance of those services specified in 12.1 above, conditioned upon
such contractual obligations having been incurred and entered into
in the good faith performance of those services contemplated in
12.1 above, and further conditioned upon such contractual obliga-
tions having a term not exceeding the full term of this Agreement.
Notwithstanding any provision hereof to the contrary, the obliga-
tion of the CITY to reimburse the CHAMBER or to assume the perfor-
mance of any contractual obligations of the CHAMBER for or under
any contract entered into by the CHAMBER as contemplated herein
shall not exceed FIVE HUNDRED DOLLARS ($500.00). Such monetary
limitation is cumulative of all contractual obligations and shall
not be construed as a monetary limitation on a per contract basis.
4.3 payment of Reimbursement to Chamber.
(a) With respect to expenses and costs incurred by the
CHAMBER for which the CITY is obligated to reimburse the CHAMBER
pursuant to 14.1 above, the CITY shall pay such reimbursement
amount due, if any, to the CHAMBER on or before the forty-fifth
(45th) day after the date of termination of this Agreement.
(b) With respect to contractual obligations undertaken by the
CHAMBER for which the CITY is obligated to reimburse the CHAMBER as
provided in 14.2 above, the CITY shall reimburse the CHAMBER for
such monetary obligations required in such contractual obligation
in such amounts and at those times such contractual costs and
expenses are due- and payable according to the terms of such
contract limitation set forth in 14.2 above.
4.4 Indemnification. The CHAMBER agrees to indemnify, hold
harmless, and defend the CITY, its officers, agents, and employees
from and against any and all claims or suits for injuries, damage,
loss, or liability of whatever kind or character, arising out of or
in connection with the performance by the CHAMBER or those services
contemplated by this Agreement, including all such claims or causes
of action based upon common, constitutional or statutory law, or
based, in whole or in part, upon allegations of negligent or
intentional acts of CHAMBER, its officers, employees, agents,
subcontractors, licensees and invitees.
V. TERM AND TERMINATION
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5.1 Tara. The term of this Agreement shall commence on October 1,
1996 and terminate at midnight on September 30, 1997. This term
shall be a period of one year.
5.2 Teraination.
(a) This Agreement may be terminated by either party by
giving the other party one hundred eighty (180) days advance
written notice.
(b) This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(i) The termination of the legal existence of the
CHAMBER;
petition)in bThe insolvency of the ankruptcy, either voluntarily ~ or hinvolunt iof a
ly,
or and assignment by the CHAMBER for the benefit of creditors;
(iii) The continuation of a breach of any of the terms
or conditions of this Agreement by either the CITY or the
CHAMBER for more than thirty (30) days after written notice of
such breach is given to the breaching party by the other
party; or
(iv) The failure of the CHAMBER to submit a financial
report which complies with the reporting procedures required
herein and generally accepted accounting principles prior to
the beginning of the next contract term.
VI. GIMM I, PROVISIONS
6.1 Subcontract for Performance of Services. Nothing in this
Agreement shall prohibit, nor be construed to prohibit, the agree-
ment by the CHAMBER with another private entity, person, or organi-
zation for the performance of those services described in 12.1
above. In the event that the CHAMBER enters into any arrangement,
contractual or otherwise, with such other entity, person or organi-
zation, the CHAMBER shall cause such other entity, person; or orga-
nization to adhere to, conform to, and be subject to all provi-
sions, terms, and conditions of this Agreement and to TEX. TAX CODE
Chap. 351, including reporting requirements, separate funds main-
tenance, and limitations and prohibitions pertaining to expenditure
of the agreed payments and hotel tax funds.
6.2 independent contractor Contractor.
all services CHAMBER to shall
be lperformed under
this Agreement and not as an officer, agent, servant, or employee
of the CITY. The CHAMBER shall have exclusive control of its
PAGE 6
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operations and performance cf services hereunder, and such persons,
entities, or organizations performing the same and the CHAMBER
shall be solely responsible for the acts and omissions of its
directors, officers, employees, agents, and subcontractors. The
CHAMBER shall not be considered a partner or joint venturer with
the CITY, nor shall the CHAMBER be considered nor in any manner
hold itself out as an agent or official representative of the CITY.
6.3 Assignment, The CHAMBER shall not assign this Agreement
without first obtaining the written consent of the CITY.
6.4 Notice. Any notice required to be given under this Agreement
or any statute, ordinance, or regulation, shall be effective when
given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to
the respective parties as follows:
CITY B
City manager Chairman/Director
City of Denton Denton Black Chamber of Commerce
215 E. McKinney 625 Dallas Drive
Denton, TX 76201 Denton, TX 76205
I
6•5 Inurement. This Agreement and each provision hereof, and each
and every right, duty, obligation, and liability set forth herein
shall be binding upon and inure to the benefit and obligation of
the CITY and the CHAMBER and their respective successors and
assigns.
i
6.6 Application of Lars, All terms, conditions, and provisions of
this Agreement are subject to all applicable federal laws, state
laws, the Charter of the City of Denton, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
6.7 Esalusive Agreement, This Agreement contains the entire
understanding and constitutes the entire agreement between the
parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or under-
standings, oral or written, express or implied, between'or among
the parties hereto, relating to the subject matter of this agree-
ment, which are not fully expressed herein. The terms and con-
ditions of this Agreement shall prevail notwithstanding any
variance in this Agreement from the terms and conditions of any
other document relating to this transaction or these transactions.
6.0 Duplicate originals. This Agreement is executed in duplicate
originals.
PAGE 7
6.4 Headings. The headings and subheadings of the various sec-
tions and paragraphs of this Agreement are inserted merely for the
purpose of convenience and do not express or imply any limitation,
definition, or extension of the specific terms of the section and
paragraph so designated.
EXECUTED this day of 1996.
i
THE CITY OF DENTON, TEXAS
By:
JACK MILLER, MAYOR
ATTEST: APPROVED AS TO LEGAL FORM:
By, By:~Gi~~4cG~
JENNIFER WALTERS, HERBERT L. PROUTY,
CITY SECRETARY CITY ATTORNEY
DENTON HISPANIC CHAMBER OF COMMERCE
By:
Cha rman/D rector
ATTEST: APPROVED AS TO LEGAL FORM:
By: By:
Secretary
PAGE 8
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Tt 1W'DM'10RC1H151%1C.ORD
Agenda Item
Date -
ORDINANCE NO.
A ORDINANCE AUTHORIZING THE MAYOR TO EXECUTIVE AN AGREEMENT BETWEEN
THE CITY OF DENTON AND THE DENTON HISTORIC LANDMARK COMMISSION FOR
THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
2ACTION i. That the Mayor is hereby authorized to execute an
agreement between the City of Denton and the Denton Historic ion for the
se of underatheCteermissand conditionsycontaineduIn thehagreementotel tax
a copy
of which is attached hereto and made a part hereof. a copy
2ECTI- O- 3i• That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the
day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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AGREEMENT BETWEEN THE CITY OF DENTON AND
THE DENTON HISTORIC LANDMARK COMMISSION (96-97)
PROVIDING FOR THE PAYMENT AND USE OF HOTEL TAI REVENUE
THIS AGREEMENT made between the city of Denton, Texas, a muni-
cipal corporation (the "CITY"), and the Denton Historic Landmark
Commission, a legal entity existing under the laws of the State of
Texas (the "COMMISSION"):
WHEREAS, TEX. TAX CODE 8 351.002 authorizes the CITY to levy
by ordinance a municipal hotel occupancy tax ("hotel tax") not
exceeding seven percent (7t) of the consideration paid by a hotel
occupant; and
WHEREAS, by Ordinance 86-67, the CITY has provided for the
assessment and collection of a municipal hotel occupancy tax in the
City of Denton of seven percent (7t); and
WHEREAS, TEX. TAX CODE $351.101 (a) (5) authorizes the CITY to
use revenue from its municipal hotel occupancy tax to promote
tourism and the convention and hotel industry by historical
restoration and preservation projects or activities or advertising
and conducting solicitations and promotional programs to encourage
tourists and convention delegates to visit preserved historic sites
or museums; and
WHEREAS, the COMMISSION is well equipped to perform those
activities; and
WHEREAS, TEX. TAX CODE 8351.101 (c) authorizes the CITY to
delegate by contract with the COMMISSION as an independent entity
the management and supervision of programs and activities of the
type described hereinabove funded with revenue from the municipal
hotel occupancy tax;
NOW, THEREFOR*E, in consideration of the performance of the
mutual covenants and promises contained herein, the CITY and the
COMMISSION agree and contract as follows;
I. HOTEL TAX REVENUE PAYMENT TO COMMISSION
1.1 Consideration. For and in consideration of the activities to
be performed by the COMMISSION under this Agreement, the CITY
agrees to pay to the COMMISSION a portion of the hotel tax revenue
collected by the CITY at the rates and in the manner specified
herein (such payments by the CITY to the COMMISSION sometimes
herein referred to as "the agreed payments" or "hotel tax funds").
I
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1.2 Amount of payments to Commission.
(a) As used in this agreement, the following terms shall have
the following specific meanings:
(i) The "hotel tax revenue" shall mean the monies col-
lected and received by the CITY during any relevant period of
time (i.e., fiscal year or fiscal quarter) as municipal hotel
occupancy tax at the rate of seven percent (7%) of the price
paid for a room in a hotel, pursuant to TEX. TAX CODE 8351.002
and City Ordinance 86-87, together with and including any sums
of money received by the CITY from taxpayers during any
relevant fiscal quarter or calendar month as attorney's fees,
court costs, or other expenses of collection of hotel tax, but
excluding interest and penalties received by the CITY from
taxpayers.
(ii) The term "base payment amount" shall mean One
Thousand Dollars ($1,000)
(b) The CITY shall pay to COMMISSION an amount of money equal
to the base payment amount for the period of October 1, 1996,
through September 30, 1997.
1.3 Dates of Payments to Commission. The CITY (a)the Cterm ION roe rlfour
y payments" shall mean payments by the
specified in 11.2. (4) payments totalling the amount
(b) CITY shall pay the COMMISSION quarterly payments of Two
Hundred Fifty Dollars ($250). Each such quarterly payment shall be
paid to the COMMISSION on or before the forty-fifth (45th) day
after the last day of such respective fiscal quarter for which such
payment is due. If quarterly financial and performance reports are
not received withih thirty (30) days of the end of the applicable
quarter, then CITY may withhold the quarterly payment(s) until the
appropriate reports are received and approved.
(c) The funding of this project in no way commits the CITY to
future funding of this program beyond the current contract period.
Any future funding is solely the responsibility of the COMMISSION.
(d) It is expressly understood that this contract in no way
obligates the General Fund or any other monies or credits of the
CITY.
PAGE 2
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II. USE OF HOTEL TAB REVENUE BY COMMISSION
2.1 Use of Funds. For and in consideration of the payment by the
CITY to the COMMISSION of the agreed payments of hotel tax funds
specified above, the COMMISSION agrees to use such hotel tax funds
only for advertising and conducting solicitations and promotional
programs to attract tourists and convention delegates or regis-
trants to the municipality or its vicinity, as authorized by TEX.
TAX CODE S 351.101(a)(3).
2.2 Administrative Costs. The hotel tax funds received from the
CITY by the COMMISSION may be spent for day-to-day operations, sup-
plies, salaries, office rental, travel expenses, and other admini-
strative costs that are incurred directly in the performance by the
COMMISSION of those activities specified in 12.1 above and are
allowed by TEX. TAX CODE S 351.101(f).
2.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative costs of the
COMMISSION for which hotel tax funds may be used shall not exceed
that portion of the COMMISSION'S administrative costs actually
incurred in conducting the activities specified in 12.1 above.
(b) Hotel tax funds may not be spent for travel for a person
to attend an event or conduct an activity the primary purpose of
which is not directly related to the promotion of tourism and the
convention and hotel industry or the performance of the person's
job in an efficient and professional manner.
III. RECORD KEEPING AND REPORTING REQUIREKENTS
3.1 Budget.
(a) On or about September i and prior to the disbursement of
any funds for the 1996-97 fiscal year, the COMMISSION shall prepare
and submit to the City Manager of the CITY an annual budget for
such fiscal year for the COMMISSION and any other operation or
function of the COMMISSION in which the hotel tax funds shall be
used by the COMMISSION. This budget shall specifically identify
proposed expenditure of hotel tax funds by the COMMISSION. In
other words, the CITY should be able to audit specifically where
the funds in the separate account relating to hotel tax funds will
be expended. The CITY shall not pay to the COMMISSION any hotel
tax revenues as set forth in Section I. of this contract during any
fiscal year of this Agreement unless a budget for such respective
fiscal year has been approved in writing by the Denton City Council
authorizing the expenditure of funds in such Section I.
PAGE 3
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` (b) The COMMISSION acknowledges that the approval of such
budget by the Denton City Council creates a fiduciary duty in the
COMMISSION with respect to the hotel tax funds paid by the CITY to
the COMMISSION under this Agreement. The COMMISSION shall expend
hotel tax funds only in the manner and for the purposes specified
in S 351.301(a) TEX. TAX CODE and in the budget as approved
CITY. pproved by the
3.2 Separate Accounts. The COMMISSION shall maintain any hotel
tax funds paid to the COMMISSION by the CITY in a separate account.
3.3 Financial Records. The COMMISSION shall maintain complete and
accurate financial records of each expenditure of the hotel tax
funds made by the COMMISSION and, upon reasonably advance written
request of the Denton City Council or the City's Executive Director
of Finance or his designee, shall make such financial records
available for inspection and review by the Denton City Council or
the City's Executive Director of Finance or his designee.
3.4 Quarterly Reports. Within thirty days after the end of every
quarter, the COMMISSION shall furnish to the CITY (1) a performance
report of the work performed under this Agreement, in the form
determined by the City Manager describing the activities performed
under this Agreement during that quarter, and (2) a list of the
expenditures made with regard to hotel tax funds pursuant to the
TEX. TAX CODE ANN. $ 351.101(c) (Vernon 1994). The COMMISSION
shall promptly respond to any request from the City Manager of the
CITY for additional information relating to tte activities
performed under this Agreement.
3.3 Notice of Meetings. The COMMISSION shall give the City Manager
of the CITY reasonable advance written notice of the time and place
of general meetings of the Denton Historic Landmark Commission
Board of Directors, as well as any other meeting of any constituen-
cy of the COMMISSION at which this Agreement or any matter the
subject of this Agreement shall be considered. This provision
shall not be deemed to require the COMMISSION to give notice of any
executive session of the Executive Committee of the COMMISSION.
IV. REIKOURSEKENT AND INDEMNIFICATION '
4.1 Reimbursement of Commission for administrative costs. in the
event that this Agreement is terminated pursuant to Section 5.2(a),
the CITY agrees to reimburse the COMMISSION for any and all
expenses and costs undertaken by the COMMISSION in performance of
those activities specified in 12.1 above or expenses or costs
incurred by the COMMISSION as described in 12.2 above. The CITY is
obligated to reimburse the COMMISSION for expenses and costs as
described in 12.2 above only for the period commencing upon the
date notice of termination is given and ending upon the date of
PAGE 4
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termination. Further, this obligation shall be limited to the
lesser of the actual expenses and costs incurred by the COMMISSION
during the one hundred eighty day period preceding termination or
the agreed payments otherwise due and payable to the COMMISSION for
such period.
4.2 Reimbursement of commission for contractual Obligations. In
the event that this Agreement is terminated pursuant to Section
5.2(a), the CITY agrees to reimburse the COMMISSION for any and all
contractual obligations of the COMMISSION undertaken by the
COMMISSION in performance of those services specified in 12.1
above, conditioned upon such contractual obligations having been
incurred and entered into in the good faith performance of those
services contemplated in 12.1 above, and further conditioned upon
such contractual obligations having a term not exceeding the full
term of this Agreement. Notwithstanding any provision hereof to
the contrary, the obligation of the CITY to reimburse the COMMIS-
SION or to assume the performance of any contractual obligations of
the COMMISSION for or under any contract entered into by the
COMMISSION as contemplated herein shall not exceed FIVE HUNDRED
DOLLARS ($500.00). Such monetary limitation is cumulative of all
contractual obligations and shall not be construed as a monetary
limitation on a per contract basis,
4.3 Payment of Reimbursement to commission.
With respect COMMISSIONfor wh ch the CITY n is obligated costs to incurred reimburse the
COMMISSION pursuant to 14.1 above, the CITY shall pay such
reimbursement amount due, if any, to the COMMISSION on or before
the forty-fifth (45th) day after the date of termination of this
Agreement.
COMMISSIONW respect to
which thecontractual
obliobligations
to undertaken
reimburse by tthe
he
COMMISSION as provided in 14.2 above, the CITY shall reimburse the
COMMISSION for such monetary obligations required in such contrac-
tual obligation in such amounts and at those times such contractual
costs and expenses are due and payable according to the terms of
such contract limitation set forth in 14.2 above.
4.4 Indemnification. The COMMISSION agrees to indemnify, hold
harmless, and defend the CITY, its officers, agents, and employees
from and against any and all claims or suits for injuries, damage,
loss, or liability of whatever kind or character, arising out of or
in connection with the performance by the COMMISSION or those
services contemplated by this Agreement, including all such claims
or causes of action based upon common, constitutional or statutory
law, or based, in whole or in part, upon allegations of negligent
PAGE 5
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or intentional acts of COMMISSION, its officers, employees, agents,
subcontractors, licensees and invitees.
V. 'PERM AND TERMINATION
5.1 Term. The term of this Agreement shall commence on October 1,
1996 and terminate at midnight on September 30, 1997. This term
shall be a period of one year.
5.2 Termination.
(a) This Agreement may be terminated by either party by
giving the other party one hundred eighty (180) days advance
written notice.
(b) This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(i) The termination of the legal existence of the
COMMISSION;
(ii) The insolvency of the COMMISSION, the filing of a
petition in bankruptcy, either voluntarily or involuntarily,
or and assignment by the COMMISSION for the benefit of
creditors;
(iii) The continuation of a breach of any of the terms
or conditions of this Agreement by either the CITY or the
COMMISSION for more than thirty (30) days after written notice
of such breach is given to the breaching party by the other
party; or
(iv) The failure of the COMMISSION to submit a financial
report which complies with the reporting procedures required
herein and generally accepted accounting principles prior to
the beginning of the next contract term.
We GENT.RAL PROVISIONS
6.1 Subcontract for Performance of Services. Nothing in this
Agreement shall prohibit, nor be construed to prohibit, the agree-
ment by the COMMISSION with another private entity, person, or
organization for the performance of those services described in
12.1 above. In the event that the COMMISSION enters into any
arrangement, contractual or otherwise, with such other entity,
person or organization, the COMMISSION shall cause such other
entity, person, or organization to adhere to, conform to, and be
subject to all provisions, terms, and conditions of this Agreement
and to TEX. TAX CODE Chap. 351, including reporting requirements,
separate funds maintenance, and limitations and prohibitions
PAGE 6
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pertaining to expenditure of the agreed payments and hotel tax
funds.
6.2 Independent Contractor. The COMMISSION shall operate as an
independent contractor as to all services to be performed under
this Agreement and not as an officer, agent, servant, or employee
of the CITY. The COMMISSION shall have exclusive control of its
operations and performance of services hereunder, and such persons,
entities, or organizations performing the same and the COMMISSION
shall be solely responsible for the acts and omissions of Its
directors, officers, employees, agents, and subcontractors. The
COMMISSION shall not be considered a partner or joint venturer with
the CITY, nor shall the COMMISSION be considered nor in any manner
hold itself out as an agent or official representative of the CITY.
6.3 Assignment. The COMMISSION shall not assign this Agreement
without first obtaining the written consent of the CITY.
6.4 notice. Any notice required to be given under this Agreement
or any statute, ordinance, or regulation, shall be effective when
given in writing and deposited in the United States mail, certified
mail, return receipt requested, or by hand-delivery, addressed to
the respective parties as follows:
CITY COMMISSION
City Manager Chairman/Director
City of Denton Denton Historic Landmark Commission
215 E. McKinney 100 West Oak, Suite 204
Denton, TX 76201 Denton, TX 76201
6.5 Inurement. This Agreement and each provision hereof, and each
and every right, duty, obligation, and liability set forth herein
shall be binding upon and inure to the benefit and obligation of
the CITY and the COMMISSION and their respective successors and
assigns.
6.6 Application of Laws. All terms, conditions, and provisions of
this Agreement are subject to all applicable federal lays, state
laws, the Charter of the City of Denton, all ordinances passed
pursuant thereto, and all judicial determinations relative thereto.
5.7 Exolusive Agreement. This Agreement contains the entire
understanding and constitutes the entire agreement between the
parties hereto concerning the subject matter contained herein.
There are no representations, agreements, arrangements, or under-
standings, oral or written, express or implied, between or among
the parties hereto, relating to the subject matter of this agree-
ment, which are not fully expressed herein. The terms and con-
ditions of this Agreement shall prevail notwithstanding any
PAGE 7
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variance in this Agreement from the terms and conditions of any
other document relating to this transaction or these transactions.
6.8 Duplicate originals, This Agreement is executed in duplicate
originals.
69 RS&dings, The headings and subheadings of the various sec-
tions and paragraphs of this Agreement are inserted merely for the
purpose of convenience and do not express or imply any limitation,
definition, or extension of the specific terms of the section and
paragraph so designated.
EXECUTED this day of
1996.
THE CITY OF DENTON, TEXAS
By:
JACK MILLER, MAYOR
ATTEST: APPROVED AS TO LEGAL FORM:
By. BY:
JENNIFER WALTERS, ` r
CITY SECRETARY HERBERT L. PROUTY,
CITY ATTORNEY
DENTON HISTORIC LANDMARK COMMISSION
By:
Cha rman/D rector
ATTEST: APPROVED AS TO LEGAL FORM:
By. By.
secretary
I
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Agenda No.
Agenda Item - AV
. Date
CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E. MCKINNEY • DENTON, TEXAS 76201
(817} 566.8200 • DFW METRO 434.2529
MEMORANDUM
DATE: August 26, 1996
TO: Ted Benavides, City Manager
FROM: Jon Fortune, Chief Finance Officer
SUBJECT: APPROVAL OF 1997 HOTEL OCCUPANCY TAX RECIPIENT BUDGETS
Please find attached a resolution approving the 1996-97 budgets of the following
organizations to spend hotel occupancy tax funds to promote tourism and the hotel
and convention industry in the City of Denton.
A. Chamber of Commerce, Convention and Visitor's Bureau
B. Denton County Historical Museum
C. Denton County Historical Foundation
D. North Texas State Fair Association
E. Greater Denton Arts Council.
Each of these organizations presented their 1996-97 budget to City Council on
July 23, 1996. The attached budgets represent the second year budget of a two
year contract for each organization.
Please advise if I may answer any questions. Thank you.
JF:d
Attachments
AFF0126E
"Dedicated to Quality Service"
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Agenda No. Y,
Agenda f!e
oats /7- !o
RESOLUTION NO.
A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE CHAMBER
OF COMMERCE CONVENTION AND VISITORS BUREAU FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION i. That, in accordance with Tex. Tax Code Ann.
5351.101(c), the City Council of the City of Denton hereby approves
the budget of the Chamber of Commerce Convention and Visitors
Bureau for hotel occupancy tax funds, a copy of which is attached
hereto, pursuant to the Agreement between the City and the Chamber
of Commerce Convention and Visitors Bureau.
SSE jION Ii. That the Chamber of Commerce Convention and
Visitors Bureau shall make periodic reports to the City Council at
least quarterly listing all expenditures made with hotel occupancy
tax funds.
SZCTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: L~~b! C~, ~~lu'
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CONVENTION & VISITOR BUREAU
l PROPOSED BUDGET
1996-97
RECEIPTS: 95.96 96.97 Proposed
Budget Budget
200 Income $205,920 $222,107
102/103 Reserve Fund $50,924 $8,889
202 Reserve Transfer/Awareness $50,000 SO
Renovation Reserve $0 $15,000
203 Interest Income $3,700 $2,500
204 Misc. Income $0 $0
205 Marquee Billboard $500 $O
TOTAL RECEIPTS: $311,044 $248,496
300 Salaries E $81,121 $85,689
305 Salaries /Temporary Services I J $1,500 1 $1,500
308 Salaries VIC f $13,500 $13,500
309 Misc. Expense ! $0 ! s0
310 IRetirement i I $2,001 $2,001
311 Car Allowance ! 1 $4,2001 $4,200 i
315 Payroll Taxes J I $7,800 $8,200
320 Health Insurance I $9,205 1 $8,335
322 Liability Insurance $500 1 $500
325 Travel & Trnining $2,000 $2,000
330 Equipment $500 $2,500
331 Copy Machine I $700 1 $1,000
332 Computer 1 $2,0001 $2,000
333 Renovation Expense 1 1 $15,000 ; $15,000
334 Other $0 i $0
'401 Supplies/Printing I $1,400 $4,500
406 Telephone Service i f $4,600 $5,000
407 Metro Line $1,380 j $1,300
415 Audit $8501 $650
•420 Printing $2,500 $0
424 D/FW Awareness Campaign 550,000 1 $0
425 Postage L $3,500i $3,500
426 Accounting $3,500 $4,000
500 Convention /Contract Salaries $0 1 0
502 Solicitation/Travel $13,000 $4,000
503 (Convention Service $2,000 $1,500
504 Convention Advertising so SO
505 (Convention Promotional Events $1,000 $800
506 !Convention Trade Show $0 $0
508 Membership/Subscription $1,000 5800
Tourism Salaries/Contract Service $0 $0
512 Travel/Special Projects $2,500 $2,000
513 1 Tourism Service $15,000 $10,000 i
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514 Tourism Advertising $17,500 $14,000
426 Marquee Billboard $16,000 $16,900
515 Tourism Promotioal Events j $O SO
516 Tourism Trade Show $10,987 $10,000
517 Tourism Promotional Material $12,000 $1 1,600
518 Membership/Subscription I 1 51,800 $1,800
520 Film Commission $3,500 $3,421
521 Brochures I $0 $0
522 Visitors Center _ $7,000 $7,000
I
TAL DISBURSEMENTS; $311,044 $248,496
$0 SO
•theses 2 accounts under Supplies/Printing
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Apende No._63
Agenda Item a_
Date 7
RESOLUTION NO.
A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON
COUNTY HISTORICAL MUSEUM FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO
CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That, in accordance with Tex. Tax Code Ann.
5351.101(c)0 the City Council of the City of Denton hereby approves
the budget of the Denton County Historical Museum for hotel
occupancy tax funds, a copy of which is attached hereto, pursuant
to the Agreement between the City and the Denton County Historical
Museum.
SECTION. That the Denton County Historical Museum shall
make periodic reports to the City Council at least quarterly
listing all expenditures made with hotel occupancy tax funds.
SECTION iii. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
I
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: r
4
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Denton County Historical Museum, Inc.
aka Courthouse-on-the-Square Museum
1996-1997 Proposed Budget
BEYE>IQE XPENDTT MES
1.01 Hotel Occupancy Tax $ 69,829.
1.02 Bankone Interest 700.
1.10E Salary, Director $ (32,651.)
,1.11E Salary, Collection MA (170201.)
1.12E Professional/Contract Labor 3,000.
1.13E Security/Maintenance 2,000.
1.23E Special Events 800.
1.31E Museum Assoc. Memberships 477.
1.30E Media Advertising/Public Relat 81000.
1.32E Professional Journals/Books 100.
1.40E Bookkeeping 2,000.
1.41E Audit 11300.
1.42E Office Supplies 300.
1.60E Insurance 2,700.
SUB TOTAL $ 70,529. $ 70,529.
This hotel occupancy tax budget was approved by the Board of Trustees
at their regular meeting June 24, 1996. (see minute book)
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Agenda No.
Agenda Item
Date
RESOLUTION N0.
A RESOLUTION APPROVING THE FISCAL YEAR 2997 BUDGET OF THE DENTON
COUNTY HISTORICAL FOUNDATION, INC. FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION t, That, in accordance with Tex. Tax Code Ann.
S351.102(c), the City Council of the City of Denton hereby approves
the budget of the Denton County Historical Foundation, Inc. for
hotel occupancy tax funds, a copy of which is attached hereto,
pursuant to the Agreement between the City and the Denton County
Historical Foundation, Inc.
SECTION II That the Denton County Historical Foundation, Inc.
shall make periodic reports to the City Council at least quarterly
listing all expenditures made with hotel occupancy tax funds.
SECTION. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996,
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
r
DENTON COUNTY HISTORICAL FOUNDATION, INC.
P. 0. Box 2184
Denton. Texas 76202
&K
DENTCN COUNTY COURTHOUSE
BUILT 10%
Denton County Historical Foundation, Inc.
Proposed Budget 1996-1997
Lalor Funds - City of Denton, Texas
1.00 INCOME EXPENSE
Lalor Funds City of Denton $59048.
EXUME
3.00E HeritageTourism Promotion
Co-op advertising; brochures; 2500.
historical tour maps; special events.
6.00E Heritage Projects - THC Historical 10000.
Markers for City of Denton (currently
in process).
6.01E Heritage Projects - THC Historical
Marker repair/replacement in city of 500.
Denton.
6.02E Heritage Projects - Historical Publications 500.
City of Denton History/Exhibits.
6.03E Preservation/Operation of Historical
Fire Truck, City of Denton. 548.
TOTAL $5,048. $59048.
3
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apeRda No.~__ ~ 9
Agenda Ite
Date - 7 - 962
RESOLUTION NO.
A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE NORTH
TEXAS STATE FAIR ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That, in accordance with Tex. Tax Code Ann.
5351.101(c), the City Council of the City of Denton hereby approves
the budget of the North Texas State Fair Association for hotel
occupancy tax funds, a copy of which is attached hereto, pursuant
to the Agreement between the City and the North Texas State Fair
Association.
SECTION II. That the North Texas State Fair Association shall
make periodic reports to the City Council at least quarterly
listing all expenditures made with hotel occupancy tax funds.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
F
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North Texas State Fair & Rodeo
Proposed Budget for the Fiscal Year
October 1, 1996 through September 30, 1997
Projected Cash, October I,1996
I
Receipts:
Occupancy Tax 74,M
Disbursements:
Salaries
Printing 10,000
Advertising 10,000
Postage 10,000
Utilities 2,500
Office Supplies and Expenses 2,000
Telephone 2,000
Office Equipment Maintenance 4'~
Office Equipment 500
Audit 3,000
1,M
579,244
Projected Cash after Operating Receipts and Disbursements S14,836
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Agenda No. (0-639
Agenda Item
Date
RESOLUTION NO.
A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE GREATER
DENTON ARTS COUNCIL FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO
CH9PTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SEC~,ION I. That, in accordance with Tex. Tax Code Ann.
5351.101(c), the City Council of the City of Denton hereby approves
the budget of the Greater Denton Arts Council for hotel occupancy
tax funds, a copy of which is attached hereto, pursuant to the
Agreement between the City and the Arts Council.
BECTION II, That the Greater Denton Arts Council shall make
periodic reports to the City Council at least quarterly listing all
expenditures made with hotel occupancy tax funds.
SECTION IIi. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
r
July 5, 1996
GREATER Jon Fortune, Chief Finance Officer
DE, roN City of Denton
ARTS Municipal Building
COUNCIL 215 E. McKinney 10
J I
701 Bg1TN BELL Denton, TX 76201 r
DENTON, TX 7MI .
i .I l.Y.
qnI aeaver ;
DIRECTORS Dear Jon:
President
Grorge Kgktiri
V
CAMP ice►residenta Please find attached the budget for Lalor funds allocated to the
wam
r
Pard vram
&xhard S Greater Denton Arts Council in the 1996-97 City of Denton Budget.
Fred Parren°n
Secretary
B.rNVU rnIrIq
Treawrer We have chosen to allocate the funds as indicated for the following
Car=1 Rjens reasons:
I mined we
P.,e Preaidenr
ik"`'y 1. Payroll expenses are the most consistent expenditure in terms
(.,rardngaldry of cash flow and are also the most difficult for which to raise
Geneva Berg funds.
Payne Boston
' 1.rdi BrewnNl
Cadenhead
.
Chandler 2. By allocating the hoteVmotel tax to these two categories, the
Dalron Gregory ry
or. funds will be easier to manage and report. It should reduce our
talkie Hawk administrative time as well as yours.
Jana Jenkins
J° Ruttn
Bonnie ink
drold Names nez
Both our board president and I will be out of town during the second
Patsy Patten"
Tom Plrmpron half of July. We would be most appreciative if our presentation could
Nate :'ailing. be scheduled no earlier than July 30.
Jim wheeler
EXECUTIVE
DIRECTOR I appreciate the courteous and professional manner in which your
HeeLV" office deals with us. Please let me know if you need further
information.
Si cerely yours,
I
Herbert Holl
Executive i1irector
Enclosure
s
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GREATER DENTON ARTS COUNCIL
Budget 1996-1997
Hotel/Motel Occupancy Tax
Cash Beginning 0
RECEIPTS
Hotel/Motel Tax 78,242
Interest 300
TOTAL 78,542
DISBURSEMENTS
Administrative
Salaries 70,000
Public Programs
Meadows Gallery Public Exhibitions 61500
East Gallery Public Exhibitions 11000
Performing Arts Events 19042
TOTAL 78,542
Cash Ending 0
nr.u.
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AgenCa No. 9ro-
Agenda Item`f
CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E McK/NNEY@ DENTON, TEX,4S 76201
(817) 566.8200 DFW METRO 434.2529
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Jon Fortune, Chief Finance Officer
DATE: September 12, 1996
SUBJECT: ORDINANCE TO APPROVE 1996-97 BUDGET
Please find attached an ordinance to adopt the 1996-97 operating budget as amended
by City Council on September 10, 1996. As a result of City Council balancing,
General Fund revenues for 1996-97 total $35,335,934 and expenditures total
637,631,222. Also, the 1996-97 operating budget utilizes $2,295,288 of
undesignated reserves to fund one-time expenditures. City Council recommended an
ad valorem tax rate of .5284 per $100 of assessed value, which represents a .0125
decrease from the current ad valorem tax rate of .5409 per $100 assessed value.
Please advise if you have any questions. Thank you.
JFJb
AFF012DC
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"Dedicated to Qualify Sendce"
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3\M PDOCF \0 HD\ .DO PT.BC
ORDINANCE NO.
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR
THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1996, AND ENDING ON SEPTEM-
BER 30, 1997; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, notice of a public hearing on the budget for the City
of Denton, Texas, for the fiscal year 1996-97 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
August 27, 1996, and all interested persons were given an opportu-
nity to be heard for or against any item thereof; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the budget for the City of Denton, Texas for
the fiscal year beginning on October 1, 1996, and ending on
September 30, 1997 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 $37,631,222
Electric Fund 75,225,683
Water Fund 15,021,382
Wastewater Fund 10,343,596
Solid Waste Fund 7,1000938
Fleet Services Fund 2,440,622
Warehouse Fund 2,909,857
Motor Pool Fund 3,012,074
Recreation Fund 716,294
Tourist & Convention Fund 588,920
Emily Fowler Fund 66,151
Police Confiscation Fund 51,750
General Debt Service Fund 5,079,545
Total $1600188,234
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 1996-97 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.
s
e
SECTIQN V. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of 2996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
I
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Agenda No. 7(i -
Agenda Item
Date
CITY of DEIIVFCV, TEXAS MUNICIPAL BUILDING • 215 E. WKINNEY • DENTON, TEXAS 76201
(817) 566-8200 . DFW METRO 4344529
I
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Jon Fortune, Chief Finance Officer
1
DATE: September 12, 1996
SUBJECT: ORDINANCE APPROVING THE AD VALOREM TAX RATE
The attached ordinance will formally set the 1996 ad valorem tax rate.
Per City Council's direction on September 10, 1996, a tax rate of $.5284 per $100
of assessed value would be required to support the 1996-97 Budget as balanced by
City Council. Once adopted, $.2077 of the rate will be used to fulfill the General Debt
Service Fund requirements, and $.3207 will be used to provide for General Fund
operations and maintenance. The $.5284 rate represents a $.0125 reduction from
the 1995-96 rate of $.5409, and is less than the City's effective rate of $.5314 per
assessed value. The approval of this rate will make this the fourth consecutive year
that the tax rate has been set below the effective rate and the seventh straight year
that the rate was set at or below the effective rate.
If you need any further information, plearg advise. Thank you.
JF:Ib
AFF012D9
"Dedicated to Qualiory Senice"
f
V \ADVkLORE
ORDINANCE N0.
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON,
TEXAS, FOR THE YEAR 1996, ON ALL TAXABLE PROPERTY WITHIN THE COR-
PORATE LIMITS OF THE CITY ON JANUARY 1, 1996, 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 SEVERA3ILITY
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
l
the corporate limits of the evied for the year 1996, on all taxable property situated within
January 1, 1996, and not exempt by thof Denton on e Constitution h and first of the
State of Texas or by Sections IV, V, and VI of this ordinance, a
tax of $0.5284 on each $100 assessed value of all taxable property.
SECTION II, That of the total tax, $0.3207 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 111 That of the total tax, $0.2077 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 1-b of the
Texas Constitution, $5,000 of the assessed value of resident home-
steads shall be exempt from City ad valorem taxes.
SECTION V That pursuant to Article VIII, Section 1-b of the
Texas Constitution, $24,000 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 pursuant to Article VIII, Section 1-b of the
Texas Constitution, $10,000 of the assessed value of residential
homesteads of disabled persons shall be exempt from City ad valorem
taxes.
SECTION yII_ 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 VIII That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
2
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of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
ECTION IX That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of _
1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
u
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Aganda No. ~
Agenda ffem C
. Dale ClT1~ o/ DENTOM, TEXAS MUNICIPAL BUILDING 215 E MCKINNEY • DENTON, TEXAS 76201
(817) 566.8200 • DFW METRO 434.2529
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Jon Fortune, Chief Finance Officer 7p`
DATE: September 12, 1996 y
SUBJECT: APPROVAL OF THE 1996 TAX ROLL
The approval of the tax roll is an annual process required by Section 26.09 (e) of the
Texas Property Tax Code. The tax roll is calculated by taking the 1996 certified
appraisal and applying the 1996 adopted tax rate. The total tax levy on the certified
tax roll is $10,991,102, and the anticipated collection rate is 100%.
Please advise if you need further information. Thank you.
:Fab
AFF012DB
"Dedicated ro Quality Senice"
f
F
1
i a:\tax. rnI
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1996 TAX
ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Council hereby approves the 1996 Tax
Rolls of the City of Denton, Texas in the amount of $10,991,102.32
based on the Certified Appraisal Roll as approved by the Appraisal
Review Board of the Denton Central Appraisal District.
SECTIQN II. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROU17Y, CITY ATTORNEY
BY:'/Ir
d
C•
Agenda No.__r-'631-_---
Agenda Item D
Date
CITY COUNCIL REPORT FORMAT
DATE: August 29, 1996
TO: Mayor and Members of the Council
FROM: Ted Benavides, City Manager
RE: Ordinance Amending General Admission Fees
at the Civic Center Pool
RECOMMENDATION: Approve an ordinance amending fees for the Civic Center
swimming pool, general admission; and providing for an effective date. At its meeting on July
22, 1996, the Parks and Recreation Board recommended the general admission fees at the Civic
Center Pool be increased from $1.00 per person to $1.25 per person (Attachment 1).
SUMMARY: Fees for general admission to the Civic Center Pool are established in Section
13,-3 of the Code of Ordinances. The Parks and Recreation Department's Strategic Plan calls for
the periodic review of all program and facility fees. Further the plan states that fees and charges
will be adjusted as necessary to reflect customer demand, program cost and overall service
philosophy.
In a survey of 27 cities throughout the metroplex, the average cost of admission to a municipal
pool is $1.29. Currently, SL00 is the lowest fee charged in the area for admission. Given the
quality of the pool facilities and amenities offered (such as the water slide and zero-depth
wading area), the proposed increase in fees is quite reasonable.
It is not anticipated that the additional 25¢ will prevent current pool users from returning to the
pool. Approximately 500 single-day passes are distributed each summer. It is the policy of the
department to provide free passes to individuals who express a need for assistance on a
case-by-case basis. In addition, children participating in the ONvsley Summer Playground
Program and the King Kids Day Kamp are provided free admission to the pool weekly.
BACKGROUND: The current admission fee was established more than 10 years ago. PARD
staff recently reviewed the current fee structure for the Civic Center Swimming Pool. After
reviewing the current fees and charges, and surveying various other cities, the increase in general
admission was proposed.
Also, as the pool continues to age and the attendance continues to increase, it is reasonable to
expect a corresponding increase in maintenance and repair costs at this facility. It is hoped that
the proposed fee increase will help offset these costs.
PROGRAMS, DEPARTMENTS OR GROUPS A17FECTED: Approximately 60,000 individuals
participate in public swim each year.
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FISCAL IMPACT: The impact on the General Fund for an average year revenue would be an
estimated increase of $13,775.
RESPECTFULLY SUBMITTED:
Ted Benavides, City Manager
Prepared by
tfodney, Director
arks and Recreation rtment
Approved:
Betty McKean, Executive Director
Municipal Services/Economic Development
Iwp, js.general.ccpool
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 91-
055 OF THE CITY OF DENTON RELATING TO FACILITY AND PROGRAM FEES OF THE
DEPARTMENT OF PARKS AND RECREATION; ESTABLISHING USER FEES FOR
CERTAIN PARK AND RECREATION FACILITIES; PROVIDING AND REPEALER AND A
SAVINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That Section It (A) "Swimming Pool" of Ordinance No. 91-055 is hereby
amended and, in accordance with Section 22-28 of the Code of Ordinances of the City of Denton,
the fees for the use of the swimming pool are established as follows:
(A) Swimming Pool:
(1) Season pass:
Per person $30.00
Per family $65.00
(2) General Admission, per person $1.25
(3) Pool rental:
Non-profit, per hour $20.00
All others, per hour $30.00
SECTION IL That all ordinances or parts of ordinances in force when the provisions of this
ordinance become effective which are inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of any such conflict.
SECTION III, That the provisions of this ordinance are separable, and the invalidity of any
phrase or part of this ordinance shall not affect the validity or effectiveness of the remainder of the
ordinance.
SECTION IV. That save and except as amended hereby, all of the remaining sections,
sentences, and paragraphs of Ordinance No. 91-055 shall remain in full force and effect.
SECTION Ill. That this ordinance shall become effective immediately upon its passage and
approval.
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PASSED AND APPROVED this _ day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: 944j -
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C:1 WPDOCS1ORDIPOOL.ORD
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Parks and Recreation Board
July 22, 1996
Special Call Meeting
Members present: Doug Chadwick, Gwendolyn Carter and Burkley
Harkless.
Staff present: Ed Hodney, Janet Simpson, Ricky Petty and Janie
McLeod.
Others present: Annie Burroughs
Vice Chair Doug Chadwick called the meeting to order at 5:40 p.m.
Proaosex FY '96-'97 Increase to Swimmin P:1 Admissions. Rodney
111, explained how the fees for pool admission are established by
ordinance. Hodney said the fees have not been reviewed on a
regular basis, but the PARD Strategic Plan calls for the review of
all fees on a periodic basis.
Hodney said the fees for the pool had not been increased in more
than 10 years. In 1984, the new slide was added and the fees were
increased from 75fi to $l.oo.
Simpson stated that two regional associations annually survey fees
(including aquatic fees) being charged in 27 metroplex cities. The
increase from $1.00 to $1.25 is reasonable with amenities offered
in Denton compared to other cities. Admission f=es at municipal
pools average between $1.00 and $4.00.
Simpson reported that operation and maintenance costs related to
General F•.,nd expenditures continue to rise. These expenses include
chemicals, staffing costs and preventative maintenance. These
costs, along with annual start up maintenance impact recovery of
expenditures through revenue.
Simpson said there has been an approximate 20k increase in
attendance at the pool in the last two years which causes an
increase of chemical costs and general maintenance on the facility.
The cost of staffing the pool has increased about 4.8W over the
last two years.
Simpson said the current $65.00 season pass allows up to 16 family
members to have regular use of the pool. Simpson recommended that
a family pass be changed to allow up to four family members {per
pass} and $10.00 for each additional family member. Chadwick asked
if the season passes would increase revenue. Hodney responded
approximately $1,000, however the new fee is more of a management
tool. Chadwick asked when the new fees would be effective. Hodney
responded not until May of 1997.
A motion was made by Burkley Harkless and seconded by Gwendolyn
Carter that the General Fund pool fees and season passes be
increased for the next season.
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Agenda Mo. 9o-Q39
Agenda Item
Date Q'
Sentember 17, 1996
CITY COUNCIL
AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Ted Benavides, City Manager
RE: CONSIDER APPROVAL OF FISCAL YEAR 1997 UTILITY RATES
RECOMMENDATION:
The Public Utilities Board (PUB) and Staff recommend approval
of the fiscal year 1997 utility rates.
SUMMARY/BACKGROUND:
No Electric, Water or Wastewater base rate changes are
proposed for fiscal year 1997. For Solid Waste, no base rate
change is proposed for Residential customers. Commercial
Solid Waste rates are proposed to provide a 13.0V overall
increase in revenues, although rate changes vary by customer
class (dumpster, open top and compactor). The Landfill
disposal rate is proposed to increase by $1.20. The following
is a discussion of proposed rate changes for each utility.
ELECTRIC RATES
There is no Electric base rate change proposed for fiscal year
1997. However, the Energy Cost Adjustment (ECA) rate is
expected to increase, based on current estimates of future
natural gas prices. Based on current cost data, an increase
in the ECA rate is appropriate October 1, 1996.
Revised ECA Rate - The fiscal year 1997 Energy Cost
Adjustment (ECA) rate is projected to increase from the
current level of 1.904/KWH to 2.104/KWH sometime during the
fiscal year. This equates to a projected average annual ECA
rate 2.080/KWH. The last change was July 1, 1996, when the
rate increased from 1.700/KWH to 1.904/KWH. Since current
projections are that the 1.904/KWH rate will still show a
large difference in revenue and cost, it is proposed that the
ECA rate be raised from 1.904/KWH to 2.004/KWH, effective
October 1, 1996. Data will be analyzed again in December to
determine what type of adjustment is required in January.
The overall goal is to manage fuel revenues and costs to get
within the ECA ordinance $504,000 threshold during fiscal year
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CITY COMM AGENDA
Page 2
` 1997. This can be achieved by making moderate, incremental
changes in the ECA over time.
Revised weekend (WK) Rate - This rate has been revised to
mirror the General Service Small (GSS) rate schedule in terms
of demand and energy charges, except that the demand charge is
set at 20V below the GSS demand rate. This change is
recommended because the WK rate was originally developed to
reflect commercial service except for the demand charge.
Demand charges were set lower to reflect the fact that a
customer group registered peak demands during the weekend,
which did not coincide with the system peaks.
However, when the GSS rate schedule was changed last year, the
WK rate was not revised to reflect the revised GSS
demand/energy charges. A review of several weekend customers
shows very little change in the expected electric bill under
the revised rate schedule.
Minor Change to Street Lighting/Dusk to Dawn Rates - The
Street Lighting and Dusk to Dawn rate schedules need to be
revised to add a 150 watt sodium vapor bulb to the rates.
Exhibit I provides a summary of Electric rates and the
proposed Electric rate ordinance. The ECA rate contained in
the rate summary is the average expected for the year
(2.084/KWH), while the ECA rate schedule contains the proposed
rate of 2.004/KWH effective October 1, 1996.
WATER RATES
The fiscal Year 1997 Water rates are proposed to remain
unchanged, except for the wholesale rate.
Wholesale Water RZte - The wholesale water rate to the Upper
Trinity Regional Water District (UTRWD) is projected to
increase from $1.28/1,000 gallons to $1.30/1,000 gallons, or
1.6%. This rate is based on fiscal year 1997 Dallas raw water
costs, variable treatment costs, and fixed treatment and
transmission costs adjusted for changes in the Consumer Price
Index (CPI).
Exhibit II provides a summary of the proposed Water rates for
fiscal year 1997 plus the proposed Water rate ordinance.
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CITY COUNCIL AGENDA
Page 3
WASTEWATER RATES
Fiscal year 1997 Wastewater rates for Denton customers are
proposed to remain unchanged from 1996 rates. Wholesale rates
are proposed to increase by 3.2k, applicable to both Corinth
and UTRWD (Argyle). The residential wastewater rate schedules
(SR/SRW) have been revised to eliminate the special wording
relating to adjustments specific to fiscal year 1996 winter
month billings. Adjustments were made to December, 1995 and
February, 1996 wastewater volumes due to unusual weather.
Exhibit III provides a summary of the proposed fiscal year
1997 Wastewater rates plus the Wastewater rate ordinance.
SOLID WASTE RATES/ISSUES
Fiscal year 1997 residential rates are projected to remain
unchanged at $13.00 per month.
Commercial rates are proposed to provide a 13.0V overall
revenue increase, but rate changes vary by type of container,
size, and frequency of pickup. The recommended rate structure
provides an incentive for customers to move to larger
containers with less frequent pickups. In most cases,
customers will be able to reduce the amount of the rate
increase, or eliminate an increase entirely, by migrating to
the larger containers.
Staff has refined the commercial cost of service rate
methodology, but the basic rate structure and the goals of the
rate design are largely unchanged. More precise customer and
pickup frequency data, better cost allocations between
container types, volume versus weight analysis, mileage costs,
etc. have been used to develop costs and rates.
Landfill rates are projected to increase from $7.00 to $8.20
a cubic yard. This rate applies to all customers of the
landfill except commercial haulers that bring landfill
material from outside of Denton and for Denton's own solid
waste trucks. Internally, for Denton's own trucks, the
landfill rate is proposed at $6.50 for the residential and
commercial divisions, up from the internal rate of $5.20.
Exhibit IV provides a summary of proposed 1997 solid waste
rates and a Solid Waste rate ordinance.
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CITY COUNCIL AGENDA
Page 4
The proposed operating budget combined with the proposed
rates, results in a shortfall of approximately $312,000.
Revenues and costs will be closely monitored to minimize the
cash loss. A $400,000 rate stabilization fund was established
last year that could be used to offset any loss, and it may be
possible to add to this fund in 1996,
Commercial Rates - The fiscal year 1997 rate design is
structured to provide financial incentives for customers to
move from smaller size containers with frequent pickups to
larger containers with fewer, pickups. Overall, the dumpster
rates increase by 16.74 overall, although increases are larger
for small containers and smaller for large containers.
However, customers can change to different size containers
which will lower or negate their rate increases.
In addition, the number of customers affected by a rate
increase for a specific container size and frequency varies
significantly. A relative small number of customers are
affected by the highest rate increases. Pickup service is a
maximum of 6 times per week. Exhibit V provides data that
shows how rate increases are affected by changing dumpster
sizes/pickup frequencies.
Open Top container rates increase by 8.14 overall, although
rate changes vary by container size. Rates for rental and
pickup service essentially increase equally for each type of
container. Rental fees increase by approximately 124.
Compactor rates increase by 5.74 overall, with rate changes
higher for smaller containers and lower for larger containers.
Rental fees increase by approximately 124.
Qther Commercial Chan es - Other recommended changes for
solid waste service include:
Es ab ish a minimum charge - Some commercial businesses
d
o not have any type of solid waste service, although a
city
custo er sina A requires this
Comptroller's report oreflects utility
2,72businesses in Denton, but only 1,925 customers are shown
in Solid Waste billing records. While some of the
differences can be explained (e.g., mall facilities),
existing Solid Waste customers are subsidizing businesses
that do not pay for service. The Staff and PUB have
recommended a minimum charge of $15.00 per month, roughly
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CITY COUNCIL AGENDA
Page 5
equivalent to the commercial rate for one cubic yard picked up
once per week, and also close to the monthly residential rate.
The Staff and PUB recommends this minimum charge be
applicable to all commercial customers, as this would
more equitably spread the cost of service to all
customers.
Shared Commercial Accounts - The establishment of a
minimum charge per month for commercial service is also
linked to shared accounts in that it provides the basis
fir better management of accounts. The maximum number of
customers sharing containers would be consistent for
each container size, limited to one cubic yard per
customer per container size.
Recycling Rates - The volatility of the recycling market has
made it difficult to match rate and product revenue with cost
of service. To be competitive with other providers of the
service, monthly rental and pickup fees have been reduced to
zero. Hopefully the revenues from r
ecYclable products will
be at levels that cover the costs of operation. The basic
goal remains to essentially establish rates that recover costs
while maintaining a good customer base that will support
future recycling efforts.
Another recommended change is to share cardboard product
revenues with customers, after revenues exceed the break-even
point with costs. Increasing recycling volumes provides the
additional benefit of lowering the customer's overall solid I
waste bill and reduces the volume of material placed in the
landfill.
Additional Landfill Charge For Yard Waste - A recommended
change to landfill service is to establish a minor charge for
yard waste brought directly to the landfill. Previously,
there was no charge for yard waste because there were
insufficient volumes of material available for the composting
operation, and this provided an incentive for customers to
bring yard waste, primarily tree branches, directly to the
landfill.
However, there is now a sufficient quantity of yard waste
material obtained through normal pickup service, and a $1.00
per cubic yard charge is now recommended to cover the cost of
handling of this material.
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CITY COUNCIL, AGENDA
Page 6
FISCAL SUMMARY:
The cost of service studies/reviews and rate design provide
the basis for utility rates charged to each customer class.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED.
Citizens of Denton, Wholesale Water/Wastewater Customers,
Denton Municipal Utilities, Legal Department, Finance
Department, Public Utilities Board, and City Council.
Respectfully submitted:
Ted Banavides,
City Manager
Prepared by,
R. E. Nelson, Executive
Director of Utilities
Exhibits:
I. Fiscal Year 1997 Electric Rate Summary/ordinance
II. Fiscal Year 1997 Water Rate Summary/ordinance
III. Fiscal Year 1997 Wastewater Rate Summary/ordinance
IV. Fiscal Year 1997 Solid Waste Rate Summary/ordinance
V. Solid Waste Dumpster Rates by Size/Frequency
finance\wp\pub&cc\cc\96\97ratesl.cc
Agenda No.
CITY OF DENTON ELECTRIC UT4k*TYm /dam
CURRENT VERSUS PROPOSED RAeeTE&--?---1&P
Rate Schedule
1397 1996 %
Rates Rates_-_ Increase_
Rg-idential - R1
Facility Charge $ 6.70 6.70 0.00%
Energy Charge/cents per KWH 3,85 3.85 0.00%
Average Customer Bill at 400KWH/Month 30.42 29.70 2,42%
Average Monthly Dollar Change 0.72
Residential - R2
Facility Charge $ - Single Phase 7.73 7.73 0.00%
Facility Charge $ - Triple Phase 15.45 15.45 0.00%
Energy Charge/cents per KWH:
0 - 1,000 KWH (Winter) 4.34 4.34 0.00%
All additional KWH (Winter) 3.94 3.94 0.00%
0 - 3,000 KWH (Summer) 5.61 5.61 0.00%
All addtional KWH (Summer) 6.21 6.21 0,00%
Average Customer Bill At 840 KWH/Month 72.33 70.81 2.14%
Average Monthly Dollar Change 1.51
General Service Large - GSL
Facility Chargo
60.60 60.60 0.00%
Demand Charge/$ per KVA/KW 8.64 8.64 0.00%
Energy Chargelcents per KWH 1.41 1.41 0.00%
Riders: Energy Charge/cents per KWH
For Primary Service 1.31 1.31 0.00%
For Primary Service & Ownership 1.11 1.11 0.00%
Bill at 1,000 KVA Demand and 365,000 KWH/Month 2f,439.10 20,782,10 3.16%
Average Monthly Dollar Change - 90% Power Factor 657.00
General Service Small - GSS
Facility Charge $ - Single Phase 15.15 15.15 0100%
Facility Charge $ - Triple Phase 20,20 20.20 0.00%
Demand Charge/$ per KW 8.00 8.00 0.00%
(First 20 KW not Billed)
Energy Charge/cents KWH (0 - 2,500) 6.75 6.75 0.00%
Energy Charge/cents KWH (2,501 - 6,000/Variable) 3.00 3,00 000%
Energy Charge/cents KWH (6,000+/Variable) 2.65 2.65 0.00%
Bill at 90 KW and 35,000 KWH/Month (54% LF) 2,463.25 2,400.25 2.62%
Average Monthly Dollar Change 63.00
Weekend Rate - WK
Facility Charge $ - Single Phase 22.00 22.00 G.C%
Facility Charge $ - Triple Phase 27,00 27.00 000%
Demand Charge/$ per KW (First 20 KW Not Billed) 6.40 6.06 5,61°6
Energy Charge/cents KWH (0 - 2,500) 6.75 6.77 -0,30%
Energy Charge/cents KWH (2,501 - 6,000/Variable) 3.00 3,38 -11-24%
Energy Charge/cents KWH (6,000+/Variable) 2.65 N/A
Local Government - G1
Facility Chaarge $ - Single Phase 15.15 15.15 0.00`/°
Facility Charge $ - Triple Phase 20.20 20.20 0,00%
Demand Charge/$ per KW 6.31 6.31 0.00%
Energy Charge/cents per KWH 3.03 3.03 0,00%
MACE 7 EX11-11BIT" 1
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CITY OF DENTON ELECTRIC UTILITY
CURRENT VERSUS PROPOSED RATES
Rate Schedule ---T997 - 1996
e~
Rates Rates _ Increase
Residential Time of Use=TR
Facility Charge $ - Single Phase 15,45 1545 000%
Facifty Charge $ - triple Phase 20.60 20.60 0.00%
Energy Charge/cents per KWH On Peak 25.55 25.55 0,00%
Energy Charge/cents per KWH Off Peak 1.41 1.41
0.00%
General Service Time of Use - TGS
Facility Charge $ 70.70 70.70 0.00%
Demand Charge/$ per KVA/KW On Peak 10.98 10.98 0.00%
Demand Charge/$ per KVA/KW Off Peak 2.16 2.16 0.00%
Energy Charge/cents per KWH 051 0.51 0.00%
Riders: Energy Charge/cents per KWH
For Primary Service 0.41 0.41 0.00%
For Primary Service & Ownership 0,21 0.21 0.00%
Street Lighting - LS_
Sodium
100/16O W Facility Charges 4.90 4.90 (rjo%
250 w
aoow 6.95 6.95 (0.00%
Mercury: 8.75 8.75 U.00%
175 W Facility Charges 5.65 5.65 0.00%
250 W
6.70 6.70 0.00%
goo w
1,000 w 8.50 8.50 0.00%
.45
15.45 0'00%
Energy Cost = Monthly Bulb Wattage Factor x 15
Current Energy Cost Adjustment
Monthly Bub Wattage Factors:
100/150W 48.00 48.00 0.00%
250 W 105.00 105.00 0.00% {
400 W 159.00 159.00 O.DO%
Mercury:
17s 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_ LI hung - LO
Energy Charge/cents per KWH
250 W Sodium 5130 5.30 0.00%
400 W Sodium 5.30 5.30 0.00%
40O W Mercury 5.30 5.30 0.00%
1,000 W Mercury 5.30 5.30 O.DO%
Monthly Bulb Wattage Factors:
250 W Sodium 105.00 105.00 0.00%
400 W Sodium 159.00 159.00 0.00%
400W Mercury 153.00 153.00 0.00%
1,0:+) W Mercury 380.00 380.00 0.00%
Traffic Llghting_=LT
Energy Chargo/cc.,ts per KWH 5.30 5.30 0.00%
PACE 8
CITY OF DENTON
CURRENT VERSUS ELECTRIC UTILITY
Rate sonEd~ta PROPOSED RATES
1!997 ---3 Rates %
DecoraQ htins - DL ' ---`Rates
Facility Charge $ Increase
Energy Charge = Monthly Bulb Wattage Factor 3.85
x KWt'I Per Customer. 3,85
0.0096
Dawn to Dusk - DO
Sodium:
100/15O W Facility Charges
250 W
400 W 7.75 7.75
Mercury; 10,05 10.05 0.00%
175 W Facility Charges 12.35 12.35 0.
250 W 0.0
0%
0%
400 W 6.45 6.45
Energy Cost =Monthly Bulb Wattage Factor x 7.50 7.50 0.00%
8.35 8.35 0.00%
Monthly Bulb Wattage Current Energy Cost Ad'u 0.00%
100/150 W Factors. ! stment
250 W
400 W 48.00
Mercury105.00 105;00 0.00%
175 W 159.00 159.00 0.00%
250 W 0.00%
400 W 70.00 70.00
1,000 W 98.00 98.00 0.00%
153,00 153.00 0.00%
Tem ora_Sa~ e_ T0.00%
Facil.ty Charpu -1- le Phase
Facility CharS'e $ - T
Ener KPIe Phase 1S.i5 15.15 I
9y Charge./cents per KVM 0.00%
Labor/E9uipmeni $ per Pour - 26.20 6,~
Labor/E Regular Time 6.77 0.00%
qulpment $ per N~ur - Overtime 60.00 6.77 0.00%
Interru 75.00 x'00 0.00%
-_P able Prime 75
Facil• -ry Se P1 0.00%
Cha
Demand rga $
Charge1$ Per KyAxW
Energy Charg%ents per 70.70
70.70
P ",.4 3 3.78 .78 3.78 0.00%
Athletic ield - ,qF 0.20 0.23 0.00%
Facility charge $ Sin
g~ 0.00%
Facility Char $ _ Triple Phase 20.20
KW.
30.30 20'20 0.00%
October through Mayr
11 0'00%
June through September Cif peak
June through September On Peak 1.11 1.1 i
Energy Char a 1.11 111i 0.00° /cent October through May per KWH: 4.70 0.0 %
June through September 4.70 0.0096
June through Se Otl Peak 3.79 3.79
Plember On Peak 3.79 0.00%
7.58 3.79 0.00%
7.58 0.00%
PACE 9
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CITY OF DENTON ELECTRIC UTILITY
CURRENT VERSUS PROPOSED RATES
Rate Schedule v 1997 19% %
Rates_ Rates Increase
Uninterruptible Power Supply - UPS
Facility Charge $ 250 W Power Standby Unit 7.80 7.80 0.00%
Facility Charge $ 1,20O W Power Standby Unit 31.85 31.85 0.00%
Installation Charge $ 25.75 25.75 0.00%
Standby= Supp{ementary, 8 Maintenance Service - ES
Facility Charge $ - Primary Service 60.60 60.60 000%
Facility Charge $ - Secondary Service 25.25 2525 0.00%
Demand Charge Primary/$ per KVA On Peak 10.30 10.30 0.00%
Demand Charge Prlmary/$ per KVA Ott Peak 3.80 3.80 0.00%
Demand Charge Secondary/$ per KVA On Peak 10.30 10.30 0.00%
Demand Charge Secondary/$ per KVA Ott Peak 3.60 3.80 0.00%
Energy Charge Primary/cents per KWH Emergency 5.25 5.25 0.00%
Energy Charge Primary/cams per KWH Non-Emerg 0.20 0.20 0.00%
Energy Charge Secondary/cents per KWH Emergency 5.35 5.35 0.00%
Energy Charge Secondary/cents per KWH Non-Emerg 0.51 0.51 0.00%
Industrial/Economic Development Rider - IDR
Reduction to System Demand:
Year 1 0.50 0.50 0.00%
Year 2 0.40 0.40 0.00%
Year 3 0.30 0.30 0.00%
Year 4 0.20 0.20 0.00%
Year 5 0.10 0.10 0.00%
Thermal Storage Incentive - TS
KW Demand shifted to Off Peak
First 500 KVA - $ per KVA deleted 250,00 N/A
Ail Additional KVA - $ per KVA deleted 125.00 N/A
deleted mid-year
Energy Cost Adjustment - ECA
ECA Cents per KWH (by quarter) 2.08 1.90 9.47%
(average) 1.40
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PAGE 10
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97ELECTR.DRD
ORDINANCE NO,
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED IN
ORDINANCE 95-178; AMENDING THE WEEKEND RATE (WK); AMENDING THE
STREET LIGHTING (LS) RATE; AMENDING THE DUSK TO DAWN RATE (DD);
AMENDING THE ENERGY COST ADJUSTMENT RATE (ECA); PROVIDING FOR 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 I. ELECTRIC RATE SCHEDULES
PAGE
R1 Residential Service Rate 2
R2 Residential Service Rate 4
TR Residential Time of Use Rate 6
GSL General Service Large 8
GSS General Service Small 11
WS General Service Time of Use Rate 14
WK Weekend Rate 18
G1 Local Government Lighting & Power Service Rate 21
(City, County, Independent School District)
LS Street Lighting 23
LT Traffic Lighting 25
LO Other Lighting 26
DD Dusk-to-Dawn Lighting (Security Light) 27
DL Decorative Lighting 29
T1 Temporary Service Schedule 30
P1 Interruptible Primary Service 32
ES Standby, Supplementary & Maintenance Service 34
AF Athletic Field 36
IDR Indu3trial Development Rate 40
APR Appliance Rebate 41
MTR Premium-Efficiency Motor Rebate 46
UPS Uninterruptible Power Supply 48
ECA Energy Cost Adjustment 50
Special Facilities Rider 51
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SCHEDULE R1
ES DE IAL SERVICE
(Effective 10/01/96)
APPLICATION
Applicable 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
during the billing months of May through October. If usage in any
such month exceeds 700 KWH, billing will be rendered that month
under Rate Schedule R2 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 R1 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 R2.
NET MONTHLY RATE
(1) Facility Charge $6.70 / 30 days
(2) Energy Charge 3.850 / KWH
(3) Energy Cost Adjustment Schedule ECA
MINIMUM BILLING
Facility Charge
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.
AM
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
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SPECIAL FACILITIES
All services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF UTILITY BILLS
Billing for the Facility charge shall be based on 12 billings
annually and prorated for longer or shorter billing periods using
the following formula.
Formula:
Actual days in reading p riod x customer facility charge
30 days
BNERGY CHAPM
Billing for the energy charge shall be based on actual KWH con-
sumption during the billing period.
Formula:
KWH x KWH rate
ENERGY COST AD iSTM13NT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule ECA.
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SCHEDULR R2
RESIDENTIAL SERVICE
(Effective 10/01/96)
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. Also applicable to any customer heat-
ing with electric energy, resistance or heat puclp. Not applicable
to resale service in any event, nor to temporary, standby, or
supplementary service except in conjunction with the applicable
rider.
NET MONTHLY RATE WINTER SEER
Billing months of Billing months of
NOV through APRIL MAY through OCT
(1) Facility Charge
Single Phase $ 7.73 / 30 days $ 7.73 / 30 days
Three Phase $15.45 / 30 days $15.45 / 30 days
(2) Energy Charge
First 1,000 KWH 4.340 / KWH
Additional KWH 3.944 / KWH
First 3,000 KWH 5.614 / KWH
Additional KWH 6.214 / KWH
(3) Energy Cost Adjustment
Schedule ECA Schedule ECA
MINIMUM BILLING
Single Phase Facility Charge
Three Phase Facility Charge
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TYPE OF 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 in advance.
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
customers 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 prorated for longer or shorter billing periods using
the following formula:
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 ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule ECA.
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SCHEDULE TR
RESIDENTIAL TIME OF USE
(Effective 10/01/96)
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 tempo-
rary, standby, or supplementary service except in conjunction with
the applicable rider.
NET MONTHLY RATE
(1) Facility Charge
Single Phase $15.45 / 30 days
Three Phase $20.60 / 30 days
(2) Energy Charge
On-Peak Hours 25.550 / KWH
Off-Peak Hours 1.414 / KWH
(3) Enei,Y Cost Adit,acment Schedule ECA
MINIMO BILLING
Facility Charge
TYPE OF SERVICE
Single-phase or three-phase at sixty (60) cycles at secondary
distribution voltage. Where service of the type desired by the
customer is not already available at the point of service, special
contract arrangements between the City and the customer may first
be required.
AEFINITION OF ON-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 16
DEFINITION 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.
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.
PRGRATION OF UTILITY BILLS
Billing for the Facility Charge shall be based on 12 billings
annually and prorated for longer or shorter periods using the
following formula:
Actmal days in reading n UQ_d
30 days x customer facility charge
ENERGY .HMGE
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.
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
PAGE 17
SCHEDULE GSL
GENERAL SERVICE LARGE
(Effective 10/01/96)
APPLICATION
The GSL Rate is applicable to any commercial or industrial
customer having a minimum actual demand of 250 KVA or 225 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 200 KVA or 180 KW during the previous twelve
month period may be allowed service under this rate, subject to the
minimum billing provision. Customers other than commercial and
industrial 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. This rate is not applicable to resale service
in any event, nor to temporary, standby, or supplementary service
except in conjunction with the applicable rider.
NET MONTHLY RATE
(1) Facility Charge $60.60 / 30 days
(2) Demand Charge $ 8.64 / KVA
(Minimum of 250 KVA billed)
(3) Energy Charge (GL1) 1.414 / KS'H
(4) Energy Cost Adjustment Schedule ECA
1
MINIMUM BILLING
An amount equal to the facility charge, plus a demand charge
billed at the above KVA rate, where demand is determined by
whichever of the following methods yields the greatest result
numerically: 1) the actual monthly KVA demand, 2) 250 KVA, or 3)
seventy percent (70k) of the maximum monthly KW/KVA actual demand
for any month during the previous billing months of May through
October in the twelve months ending with the current month.
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.
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PRIMARY SERVICE DISCO
rrram
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 0.3~/KWTI (GL3). Primary se;.vice
customers utilizing City owned and operated facility and transfor-
mation equipment necessary to receive primary voltage service shall
receive a discount of 0.1C/KWH (GL2). The City shall own, operate
and maintain all metering facilities, either at primary or
secondary voltage.
AYM NZ'
Bills are due when rer2ered, and become past due if not paid
within 15 calendar days from date of issuance.
ATgRMINATION OF DEMAND
The demand shall be determined by the KVA 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 70* of the
highest monthly KW/KVA actual demand determined during the billing
months of May through October in the 12 months immedia`ely
preceding the current month. If the current monthly demand is less
than 250 KVA, and 70t of the actual demand determined during the
previous months of May through October is less than either 250 KVA
or 225 KW, a minimum of 250 KVA demand will be billed for the
month. in all cases, 250 KVA is the minimum demand billable under
rate GSL.
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 and prorated for longer or shorter billing
periods using the following formula:
Formula;
Actual dava in reading period
30 days x customer facility charge
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(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:
Formula:
Actual days in reading period
30 days x KVA demand x Rate
ELY CHAR rE
Billing for the energy charge shall be based on actual KWH con-
sumption during the billing period.
Formula:
KWH x KWH rate
ENBRGv rnST ADsrrra~~NT
A charge per KWH of energy taker: for fuel cost calculated in
accordance with Schedule ECA.
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SCHEDULE GSS
GENERAL SERVICE SMALL
(Effective 10/01/96)
APPLICATION
The GSS rate is applicable to any commercial or industrial
customer having a maximum demand less than 225 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
temporary, standby, or supplementary service except in conjunction
with the applicable rider.
NET MONTHLY RATE
(1) Facility Charge
Single Phase $15.15 / 30 days
Three Phase $20.20 / 30 days
(2) Demand Charge $ 8.00 / KW
(First 20 KW not Billed)
(3) Energy Charge (GS1)
Customer with 20 KW or below:
Block 1 - First 2,500 KWH 6.750 / KWH
Block 2 - All Additional KWH 3.000 / KWH
Customer above 20 KW:
Block 1 - First 2,500 KWH 6.750 / KWH
Block 2 - Next 3,500 + B2T* KWH 3.000 / KWH
Block 3 - All Additional KWH L.650 / KWH
* The Block 2 Threshold (B2T) establishes the upper
`hreshold for the Block ^ billing rate above 6,000 KWH as
it function of demand, and is determined by the following
.:ormula:
B2T KWH = ((Actual KW demand - 20) x 190)
No customer shall be billed for KWH not actually consumed.
(4) Energy Cost Adjustment Current ECA Schedule
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MINIMUM BILLING
An amount equal to the facility charge plus the greater of: 1)
the actual monthly KW demand charge, or 2) seventy percent (70W) of
the maximum monthly actual demand charge for any month during the
previous billing months of May through October in the twelve months
ending with the current month.
TYPE OF SERVICE
Secondary service available to commercial and industrial
customers.
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 first be required.
PRIMARY SERVICE DISCOUNT
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 0.3fi/KWH (GS3). Primary service
customers utilizing City owned and operated facility and transfor-
mation equipment necessary to receive primary voltage service shall
andeimaintaincoall metering facilities~,e eCity ither shall at oprimaryra or
secondary voltage.
MME
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 70k of the
highest monthly actual demand determined during the billing months
of May through October in the 12 months immediately preceding the
current month. Billing demand shall be based on an adjusted KW
demand which is the highest of the actual monthly demand, less 20
KW or 70% of the maximum monthly actual demand during the preceding i
months of May through October, less 20 KW. In no case, shall
billed demand be less than 0 KW.
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In cases where the connecteo woad 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.
SPECIAL FACILITIES
All services which squire 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 and prorated for longer or shorter periods
using the following formula:
Formula:
Actual days in reading n r od
30 days x customer facility charge
(b) Billing for demand shall be calculated on a 30 day per
month basis and prorated for longer or shorter billing
periods using the following formula:
Formula:
Actual days in reading rind
30 days x adjusted KW demand x Rate
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.
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SCHEDULE TGS
GENERAL SERVICE TIME OF USE
(Effective 10/01/96)
APPLICATIO
Applicable to any customer having a minimum demand of 250 nA
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 be available subject to the applicable rider. Not appli-
cable to resale or temporary service. Customers electing this rate
must remain on this rate for a minimum of twelve (12) continuous
billing months.
NET MONTHLY RATE
(1) Facility Charge $70.70 / 30 days
(2) On-Peak Demand Charge $10.98 / KVA On-Peak Demand
(3) Off-Peak (System) Demand $ 2.16 / KVA System Demand
Charge
(4) Energy Charge 0.514 / KWH
(5) Energy Cost Adjustment: Per Schedule ECA
MINIMUM BILLING
The minimum monthly bill shall be the sum of the Customer
Facility Charge, the Off-Peak Demand Charge, and the On-Peak Demand
Charge. The October through May demand charge shall be the
measured system demand, plus not less than 100W of the actual
maximum monthly on-peak demand for any month during the months of
June through September in the twelve (12) months immediately
preceding the current month.
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.
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.
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PRIMARY SERVIC'3 DISCOUNT
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 (TG5 and TG6). If primary
service is provided and the City owns and operates all facilities
and transformation equipment necessary to receive primary voltage
service, a discount of 0.10/KWH will be applied to the customer's
bill (TG3 and TG4). The City shall own, operate and maintain all
metering facilities, either at primary or secondary voltage, at the
City's option.
DEFINITION OF ON-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, for the months of June through September.
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.
DEFINITION OF-OFF-PEAK HOURS
The City's system (off-peak) hours, for the purpose of this
rate schedule, shall be all hours not designated as on-peak hours.
DETERMINATION OF ON-PEAK DEMAND
The on-peak demand +hall be determined by the KVA actual demand
supplied during the fifteen (15) minute period of maximum use each
month during on-peak hours as recorded by the City's demand meter,
but not less than one hundred percent (100k) of the actual maximum
on-peak demand similarly determined during the billing months of
June through September in the twelve (12) months immediately
preceding the current month.
DETERMINATION OF OFF PEAK (SYSTEM DEMAND
The off-peak demand shall be determined by the maximum KVA
actual demand supplied during the fifteen (15) minute period of
maximum use during off-peak hours each month as recorded by the
City's demand meter. The off-peak demand will he billed every
month.
E ERMINATIO.T OF DEMAND BILLING FOR CUSTOMERS WITH NO PEAK
DEMAND HISTORY DURING OFF PEAK MONTHS
If the customer is new or does not have a history of on-peak use
for June through September, and elects to come on the TGS rate, the
customer's billed demand shall be the off-peak demand billed at the
GSL demand rate. The off-peak demand will be billed every month at
the GSL rate until the customer establishes a separate on-peak and
PAGE 25
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off-peak demand during an on-peak month. At this time, both on-
peak and off-peak demand will then begin billing at the TGS rate.
SUPPLEMENTAL POWER RIDER
Customers requesting standby or supplementary power shall be
allowed service under this rate schedule; however, the determina-
tion of off-peak demand shall be adjufeted to read:
The off-peak demand shall be the sum of the maximum KVA
demand supplied during the fifteen (15) minute period of maxi-
mum use as recorded by the City's demand meter plus the KVA
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 off-peak demand, the KVA
nameplate rating of the generator(s) unavailable for service
shall be removed from the determination of the off-peak demand.
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 and prorated for longer or shorter periods
using the following 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 pro rated for longer or shorter billing
periods using the following formula:
Actual days '.n reading period x KVA Billed 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 x KWH rate
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ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel coat 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.
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SCHEDULE WX
WEEKEND RATE
(EFFECTIVE 10/01/96)
APPLICATION
Applicable to any commercial and industrial user 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
during the period from Sunday 12 midnight through Thursday 12 mid-
night that exceeds 808 of the maximum demand load. Customers who
violate the 80V 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 service under this
rate for twelve (12) months. Not applicable to resale service in
any event, nor to temporary, standby or supplementary service
except in conjunction with applicable rider.
NET NTHLY RATE
(1) Facility Charge
Single Phase $20.00 / 30 days
Three Phase $25.00 / 30 days
(2) Demand Charge $ 6.40 / KW
(First 20 KW not Billed)
(3) Energy Charge (GS1)
Customer with 20 KW or below:
Block 1 - First 2,500 KWH 6.754 / KWH
Block 2 - All Additional KWH 3.004 / KWH
Customer above 20 KW:
Block 1 - First 2,500 KWH 6.754 / KWH
Block 2 - Next 3,500 + B2T* KWH
Block 3 - All Additional KWH 2.65 / KWH
2.65G / KWH
* The Block 2 Threshold (B2T) establishes the upper
threshold for the Block 2 billing rate above 6,000 KWH as
a function of demand, and is determined by the following
formula:
B2T KWH ((Actual KW demand - 20) x 190)
No customer shall be billed for KWH not actually consumed.
(4) Energy Cost Adjustment Per Schedule ECA
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MINIMUM BILLING
An amount equal to the demand charge as calculated below plus
$20.00/month for single phase service or $25.00/month for three
phase service, per 30 day billing.
TYPE OF 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.
PAYMENT
Bills are due when rendered and become past clue if not paid
within 15 calendar days from date of issuance.
DM! I ATION OF DEMW
The demand shall be determined by the KW supplied during the
fifteen (15) minute period of maximum use during the current month
as determined by the City's demand meter. Billing shall be based
o
n an adjusted KW demand, which is the actual demand less 20 KW.
The
demandadjuste
ofe the utility bill. inbno case, o shall ibillthe
ed
demand be less than 0 KW.
SPECIAL FACILITIES
All services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF UTILITY BILLS
Billing for customer facility charge and demand shall be calcu-
lated on a 30-day basis and prorated for longer or shorter billing
periods using the following formula:
(a) Billing for the Customer Facility Charge shall be based on
12 billings annually.
Formula:
Actual days in reading period
30 days x customer facility charge
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(b) Billing for the Demand Charge shall be based on 12 bill-
ings annually.
Formula:
Aptual days 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.
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SCHEDULE dl
LOCAL GOVERNMENT
(Effective 10/01/96)
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 applicable to resale service in any event, nor to tempo-
rary, standby or supplementary service except in conjunction with
applicable rider.
NET MONTHLY RATE
(1) Facility Charge
Single Phase $15.15 / 30 days
Three Phase $20.20 / 30 days
(2) Demand Charge $ 6.31 / KW
(3) Energy Charge 3.030 / 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 (50t) of the maximum monthly demand
charge for any month during the previous billing months of May I
through October in the twelve months ending with the current month,
plus the applicable facility charge per 30 day billing period.
TYPE OF 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 j
of service, special contract arrangements between the City and the
customer may be required.
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
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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 not less than 50% of the highest
monthly actual demand determined during the billing months of May
through October in the twelve months immediately preceding the
current month.
SPECIAL FACILITIES
All services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF -UTILITY BILLS
(a) Billing for the Facility charge shall be based on 12 bill-
ings annually and prorated for longer or shorter billing
periods using the following formula:
Formula:
actual day-s-in
30 reading period x customer facility charge
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:
Formula: ,
Actual days in reading period x KW billed demand x Rate
30 days
ENERGY CHARGE
I
Billing for the energy charge shall be based on actual KWH con-
sumption during the billing period.
Formula:
KWH x KWH rate
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule ECA.
PAGE 32
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SCHEDULE LS
STREET LIGHTING
(Effective 10/01/96)
APPLICATION
Applicable to all street lighting owned and maintained by the
City of Denton.
NET MONTHLY RATE
(1) -4gility_ Chang See table
(2) Energy Cost Adjustment Current ECA x Monthly Bulb
Wattage Factor
LS Facility Charge Bulb Wattage Factor
LSA 100 W Sodium Vapor $ 4.90 / 30 Days 48 KWH
150 W Sodium Vapor
LSB 250 W Sodium Vapor $ 6.95 / 30 Days 105 KWH
LSC 400 W Sodium Vapor $ 8.75 / 30 Dave 159 KWH
LM
LMA 175 W Mercury Vapor $ 5.65 / 30 Days 70 KWH
LMB 250 W Mercury Vapor $ 6.70 / 30 Days 98 KWH
LMC 400 W Mercury Vapor $ 8.50 / 30 Days 153 KWH
LMD 1,000 W Mercury Vapor $15.45 / 30 Days 380 KWH
TYPE OF 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 first be required.
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
I
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PRORATION OF UTILITY BILLS
a) Billing for the Facility Charge shall be based on 12 bill-
ings annually and prorated for longer or shorter periods
using the following formula:
Actual days in reading period x # of lights per type c
30 days customer facility charge
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule ECA.
j
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SCHEDULE LT
T~FFIC LIGHTIN
! (Effective 10/01/96)
APPLICATION
Applicable to State and Local Government agencies that operate
and maintain their own traffic signals.
N~1' MONTHLX RATP
All KWH 5.30fi / KwH
TYPE OF SERVICE
At the City's available secondary voltage and phase.
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
MAINTENANCE CHARD
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.
I
ENERGY CHARGE
Billing for the energy charge shall be based on actual KWH con-
sumption during the billing period.
Formula:
KWH x KWH rate
SNfiRGY COST AD`7 rc~um
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule ECA.
PAGE 35
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SCHEDULE LO
OTHER LIGHTING
(Effective 10/01/96)
L
APPLICATION
Applicable to State and Local Government agencies that install
and mai-tain their own street lights, other than the City of
Venton.
BULB WATTAGE
NET MONTHLY RATE FACTOR
LS1 250 W Sodium Vapor 5.300 / KWH 105 KWH
LS2 400 W Sodium Vapor 5.300 / KWH 159 KWH
LMS 400 W Mercury Vapor 5.300 / KWH 153 KWH
LM2 1,000 W Mercury Vapor 5.300 / KWH 380 KWH
LOB
APPLICATION
Applicable to other unmetered lighting services.
NET MONTHLY RATE
Total Watts x Hours used per Month x KWH rate
1,000
TYPE OF SERVICE
At the City's available secondary voltage and phase.
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
MAINTENANCE CHARGE
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 COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule ECA.
PAGE 36
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SCHEDULE DD
DUSK TO DA LIGHTING
(Effective 10/01/96)
APRLICATION
Applicable to any customer within the area served by the city's
electric distribution system for outdoor area lightij-, when such
lighting facilities are operated as an extension of the City's
distribution system.
NET MONTHLY RATE
(1) Facility Charge See table
(2) Energy Cow Adjustment Current ECA X Monthly Bulb
Atw Bloc
Facility Charge ailb Wattage Factor
DSA 100 W Sodium Vapor $ 7.75 / 30 Days 48 KWH
150 W Sodium Vapor
DSB 250 W Sodium Vapor $10.05 / 30 Days 105 KWH
DSC 400 W Sodium Vapor $12.35 / 30 Days 159 KWH
DMA 175 W Mercury Vapor $ 6.45 / 30 Days 70 KWH
DMB 250 W Mercury Vapor $ 7.50 / 30 Days 98 KWH
DMC 400 W Mercury Vapor $ 8.35 / 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 it;
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 (1001) 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.
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TERM OF CONTRACT
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 rider.
PRORATION QF UTILITY BILLS
Billing for the Facility charge shall be based on 12 billings
annually and prorated for longer or shorter billing periods using
the following formula:
Formula:
Actual dayg in reading period
30 days x customer facility charge
ENERGY COST AD STMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule ECA.
PAGE 38
SCHEDULE DL
DE ORATIVE LIGHTING
(Effective 10/01/96)
APPLI- C-- ATION
Applicable to any customer on the perimeter of the square ser-
ved 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) Facility Charge $3.85 / 30 Days
(2) Energy Cost Adjustment Current ECA x Monthly Bulb
Wattage Factor, based on 415
KWH per Customer
TYPE OF SERVICE
The City shall furnish, install, maintain and deliver electric
service to automatically controlled lighting fixtures conforming to
the City's standards and subject to its published rules and regula-
tions. The service is provided between dusk and midnight.
PAYMENT
Bills are due when rendered, and become past due if not paid
within 15 calendar days from date of issuance.
PE I 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 F UTILITY BILLS
Billing for the Facility Charge shall be based on 12 billings
annually and prorated for longer or shorter billing periods using
the following formula:
Formula:
Actual days in reading period
30 days x Facility Charge
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ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule ECA.
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SCHEDULE T1
TEMPORARY SERVICE
(Effective 10/01/96)
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 $15.15 / 30 days
Three Phase $20.20 / 30 days
(2) Energy Charge 6.770 / KWH
(3) Energy Cost Adjustment Current ECA Schedule
MINIMUM BILLING
Facility Charge
P F SERVICE
At the City's available secondary supply.
ADDITIONAL TEMPORARY SERVICE CHARGES
Labor (Regular Time) $60.00 minimum up to 2 hour. $60.00
for each additional hour (to be mea-
sured to the nearest one-quarter hour).
Labor (Overtime) $75.00 minimum up to i 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.
Material Material that cannot be salvaged to be
billed at Stores cost plus 25t and
applicable sales tax.
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Material 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 the customer at
replacement cost plus 25$ 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. See Section 25-23(e) for standard re-
quirements.
PRORATION OF UTILITY BILLS
Billing for the Facility charge shall be based on 12 billings
annually and prorated for longer or shorter periods using the
following formula:
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 x KWH rate
ENERGY COST AAJU$TMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule ECA.
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SCHEDULE P1
INTERRUPTIBLE PRIMARY SERVICE
(Effective 10/01/96)
APPLICATION
Applicable to all customers taking primary service at a firm
power load exceeding 1,000 KVA 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 CHARGE (Estimated Transmission Firm)
(1) Facility Charge $ 70.70 / 30 days
(2) Energy Charge 0.200 / KWH
(3) Demand Charge $ 3.78 / KVA
(4) Energy Cost Adjustment Current ECA Schedule
MINIMUM BILLING
An amount equal to the demand charge as calculated below but
not less than one hundred percent (100%) of the maximum monthly KVA
similarly determined during the previous billing months of May
through October in the twelve months ending with the current month,
nor less than 1,000 KVA. {
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 KVA or greater. Interruptible pri-
mary service rendered at one point on the customer's premises at a
nominal voltage of 13,200 volts or 69,040 volts three-phr_je 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
charge, the energy charge and the energy cost adjustment charge to
account for transformer losses.
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DETERMI14ATIUN QF DEMAND
The demand shall be determined by the KVA supplied during the
15-minute period of maximum use during the current month as
determined by City's demand meter, but not less than 100% of the
maximum monthly KVA similarly determined during the billing months
of May through October in the twelve months immediately preceding
the current month, nor less than 1,000 K'-A.
PS ECIAL FACILITIES
All service which requires s.jecial facilities in order to meet
the customer's service requirements shall be provided subject to
special facilities rider.
PRORATION OF [UTILITY BILLS
I
(a) Billing for the Facility charge shall be based on 12
bill- ings annually and prorated for longer or shorter billing
periods using the following formula:
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 hasis and prorated for longer or shor.gr billing
periods using the following formula:
Formula:
Actual days in reading period x KVA Demand x KVA Rate
30 days
ENERGY CHARGE
Billing for the energy charge shall b-a based on actual KWH
consumption during the billing period.
Formula:
KWH x KWH rate
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule. ECA.
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SCHEDULE ES
STANDBY SUPPLEMENTARY AND MAINTENANCE SERVICE
(Effective 10/01/96)
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) KVA or more in parallel with the City's
electric system for the purpose of generating power for
the customer'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 -egistered professional
engineer practicing in the
Prcduction Industry to be a ifunctioningeand Independent
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. 1
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
somelfuture t me modify in orderatotnermite parallel interconnection, of sthe
customer's facility.
TYPE OF SERVICE
and ate he voltagesandlphasealternating
the City's telat sixty (60) etric system cycles most
available to the location of the customer. The primary voltage
customer shall own, operate and maintain all facilities necessary
to receive three phase primary voltage service and all transforma-
tion facilities required for conversion to utilization voltage.
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The City shall own, operate and maintain all metering facilities,
either at primary or secondary voltage, at the City's option.
Where the City elects to meter at secondary voltage, the secondary
energy and on-peak demand charges shall apply.
NET MONTHLY RATE
Primary Secondary
Service Service
(1) Facility Charge $60.60 / 30 days $25.25 / 30 days
(2) Demand Charges:
On-Peak Demand $10.30 / KVA $10.30 / KVA
Off-Peak Demand $ 3.80 / KVA $ 3.80 / KVA
(3) Energy Charges:
Non-Emergency Energy 0.200 / KWH 0.510 / KWH
Emergency Energy 5.250 / KWH 5.354 / KWH
(5) Energy Cost Adjustment Current ECA Current ECA
I
If the sum of the Customer Facility Charge, the On-Peak Demand
Charge, and the Off-Peak Demand Charge is less than $1.00 per
KVA of installed transformer capacity, $1.00 per KVA of
installed transformer capacity will be the monthly charge.
MINIMUM BILLING
The minimum monthly billing shall be the higher of the
following:
(1) The sum of the Customer Facility Charge, the On-Peak
Demand Charge, and the Off-Peak Demand Charge; or
(2) A charge of $1.00 per KVA of installed transformer
capacity.
DE_ TERMINATION 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-paak hours as recorded by the City's
demand meter, but not less than one hundred percent (1000 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.
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DETERMINATION OF ON-PEAK DEMAND QgqBLNEp _ATION
OPERATING AND CU TOMEE'S PEAK DID NOT ONTRIBUTE TO
ANNU COITY'S
AL SYSTEM PEAK
If a customer's cogeneration unit(s) is/are off during peak
hours, and the customer's peak did not contribute to the City's
annual off-peak demand, and the cogeneration unit is one (1) MW or
larger, then the nameplate rating of the customer's unit(s) shall
be deducted from the peak demand.
I~ The customer shall be charged the appropriate on-peak emand
for the KW supplied by the City for the succeeding twelve
(12) months.
DETERMINATION OF OFF-PEAK (SYSTEM) DEMAND
The off-peak 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
off-peak demand be less than seventy percent (70$) of the maximum
on-peak demand similarly determined during the billing months of
June through September in the twelve (12) months immediately
preceding the current month.
DETERMINATI N 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.
DEFINITION OF ON 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,
DEFINITION OF OFF-PEAK HOURS
The City's off-peak hours, for the purpose of this rate sc,'hed-
+ile, 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.
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PRORATION OF UTILITY BTLI,S
(a) 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 re_ a i eriod
30 days x customer facility charge
(b) Billing for demand shall be calculated on a 30 day per
month basis and prorated for longer or shorter billing
periods using the following formula:
Actual days In rear
~~~in 29-od
30 days x KW Billing Demand x Rate
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
CREDIT FOR RNERGY DFiTV~R INTO CITY'S SYSTEM DURIN
N-PEA
If Customer-produced energy is fed back into the City,s system
during on-peak hours, an amount equal to fuel coat 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 RNER Y DELIVERED INTO
HOURS -CITY S Sy~mEM Dim run n` r~H
If Customer-produced energy is fed back into the City's system
during off-peak hours, an amount equal to 70$ of the billed ECA
charge per KWH (for each KWH delivered back into the City's system)
be credited monthly, provided that Customer has paid the city
for necessary added metering, protective and other equipment as
determined by the City,
ENERGY COST ADJUSTMENT
A charge per KWH of energy taken for fuel cost calculated in
accordance with Schedule ECA.
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SCHEDULE AF
ATHLETIC FIELD
(Effective 10101196)
APPLICATION
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.
NET MONTHLY RATE
(1) Facility Charge
Single Phase $20.20 / 30 days
Three Phase $30.30 / 30 days
(2) Energy Charge
Billing months of Jena through Sept-ember.,
2:00 PM to 7:00 PM (Peak) 7.580 / KWH
All Other Hours (Off Peak) 3.790 / KWH
Billing months of Octob r through May:
All hours 3.790 / KWH
(3) Demand Charge
Billin months of June through September:
Peak (2:00 PM - 7:00 PM) $4.70 / KW
All 'ether Hours (Off Peak) $1,11 / KW
Billing months of October through May:
All hours $1.11 / KW
(4) Energy Coat Adjustment Current ECA Schedule
MINIMUM BILLI 9 Facility Charge
TYPE OF SERVICE
At the City's available secondary voltage and available phase.
For use only between the hours of 7:00 P.M. and 2:00 P.M. from June
through September and all hours from October through May.
PAGE 49
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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 and prorated for longer or shorter periods
using the following formula:
Formula:
Actual day, in rgadinq g riod
30 days x customer facility charge
(b) Billing for demand shall be calculated on a 30 day per
month basis and prorated for longer or shorter billing
periods using the following formula:
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 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.
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SCHEDULE IDR
INDUSTRIAL/ECONOMIC DEVELOPMENT RIDER
(Effective 10/01/96)
AVAILABILITY
This rider is available to the customers who receive service
from Rate Schedules GSS, GSL, cr TGS.
APPLICATION
This rider is available to electric service supplied at any one
location. It is for firm electric service applicable to new and
existing customers as described below, over a five year period.
This rider is available to the following classes of customers:
(1) New customers whose electric service represents demand not
previously served by the City at any location in the
City's servic,~ area in the last 12 months, where such
metered demand will be in excess of 225 KVA or 200 KW, as
estimated and mutually agreed upon by the Director of
Electric Utilities and the customer.
(2) Existing customers served under Rate Schedules GSS, GSL or
TGS who increase their prior existing metered demand by
225 KVA or 200 KW. This increase shall be verified by
comparing a three month rolling average of the new level
of demand to the prior demand averaged for corresponding
months. During periods in which this verification method
cannot be applied, the Director of Electric Utilities and
the customer may develop a mutually agreed upon formula to
estimate the base and additional demand levels.
NET MONTHLY RATE
The customer shall be charged under the appropriate applicable
rate schedules with the exception that the monthly billing demand
(For GSS and GSL) or system demand and on-peak demand (For TGS)
will be adjusted in accordance with the following table:
Reduction to Billing
Time Period Demand or System Demand
First Year 50t
Second Year 40$
Third Year 30W
Fourth Year 20W
Fifth Year 10%
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CONTRACT PERIOD
The term of the contract will be for five years.
I
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SCHEDULE APR
APPLIANCE REBATE
(Effective i0/oi/96)
Application-/-Program Summar
The City of Denton Utility Department is offering cash payments
to customers who purchase and install high efficiency air condi-
tioners or heat pumps in new or existing residercial or commercial
facilities.
The program's objective is to reduce energy demand and consump-
tion, thereby saving customers dollars on thQir 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 and specifica-
tions.
2. To qualify for a rebate, equipment ,xist 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 wade by licensed contractors and/or
dealers.
5. No rebate will be aid on a p
of an air
artial The compressor, cand thetevaporator
coil must be replaced to qualify for a rebate.
6. Payments for residential central cooling systems, which
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 qualifying
equipment upon verification of compliance with program
guidelines.
9. Requests for payment must be received by the Director of
Electric Utilities within 60 days of installation.
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10. Equipment and installation are subject to inspec,-ion by
the City's Building Inspection Department before final
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. 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 wi hin 60 days 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.
B. 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
I
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
conditioning 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
qualifying equipment to the customer or
builder who is paying for the installation
of the equipment. Dealers and purchasers
may be denied payment for failure to follow
program guidelines such as: failing to
supply correct square footage or SEER/EER
figures; installing equipment which is not
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new; replacing part of a split system; or
failure to fill out rebate forms properly.
2. Payments will be made to customers who pur-
chase and install new qualifying equipment.
If a tenant purchases and installs qualify-
ing equipment, the payment is made to the
tenant. If the owner of rental property
purchases and installs qualifying equipment,
the payment is made to the owner. If the
purchaser of a mobile or custom home selects
and pays for a qualifying unit, the purchas-
er will receive trre rebate.
II. CENTRAL ELECTRIC AIR CONDITIONERS AND HEAT 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, vill be accepted as listed in the
current ARI Directory.
B. Computer simulations may be used if ratings are not
listed in the current ARI Directory, provided the
following criteria are met:
1. Systems using mix-matched coils must meet
all established program guidelines to quali-
fy for a rebate.
2. The computer simulations must be signed,
certified, and dated by a registered profes-
sional engineer and an officer of the compa-
ny making the submittal.
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
indication of the source of the data must
accompany the simulated ratings.
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5• The simulated ratings must be based on the
lconisdensing
in the unit's
current eARI combination
or
latest data approved for publication and
identified by the correct model numbers of
both the condensing unit and coil as listed
in the cLrrent ARI Directory.
6. Simulated ratings must not exceed 105V of
the SEER rating of the tested system used as
a base.
7. An open file of computer simulations will be
maintained at the En3rgy 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:
15.05000 = 3.0 x 12,000 = 36,000 BTUH
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 instal.ed 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 of the "1992 Appliance Rebate
Program: Methods Used in Determining Equipment
Efficiency and Eligibility," 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.
1.500
500 = 3 x 12,000 36,000 Program Capacity
PAGE 56
F
12,000 2. 5 x - $100/ton = $250.00 Rebate Amount
Example B: A person in a 2,000 square foot house
installs a 60,000 BTUH central air
conditioner with a SEER rating of 12.0.
25.00000 = 4 x 12,000 = 48,000 Program Capacity
48.000
12,000 4 x $100/ton
,000 = $400 Rebate Amount
Example C: A person in a 2,000 square foot house
installs a 60,000 BTUH central heat pump
with a SEER rating of 12.0.
2,000
500 = 4 x 12,000 = 48,000 Program Capacity
48,000 = 4 x $100/ton $400 Rebate Amount
Minimum
Central Air Conditioning R ti SEatinER
g Ince_ ntiyg
Single Phase (SEER) 12.0
Three Phase (EER) 12.0 $100 / ton*t
$100 / ton
Cen ral Heat Pum
Single Phase (SEER) 12.0
Three Phase (EER) $100 / ton
12.0 $100 / ton
Room Air Con i i ner
10.0 $ 50 / unit
Room Heat Pumps
10.0 $ 50 / unit
Geothermal Heat Pumas
12.0 $500 / unit
* Refer to "1992 Appliance Rebate Program: Methods Used in
Determining Equipment Efficiency and Eligibility"
t For calcu)acion purposes, one ton equals 12,000 9TUH
PAGE 57
i
SCHEDULE MTR
PREMIUM-EFFICIENCY MOTOR REBATE
(Effective 10/01/96)
APPLICATION/PROGRAM SUMMARY
The City of Denton Utility Department is offering cash payments
to customers who purchase and install premium-efficiency motors and
adjustable speed drives in facilities serviced by Denton Electric
Utility.
The program's objective is to reduce energy demand and consump-
tion, thereby saving customers dollars on their utility bills and
reducing the peak load of the City of Denton's electric system,
thereby conserving energy and improving the power factor.
PROGRAM GI7IDELINES
1. All installations must be for accounts served by the City
of Denton Electric Utility and must meet all a9plicable
national, local, and manufacturers' codes and specifica-
tions.
2. To qualify for a rebate, equipment must be new when in-
stalled. All equipment must be purchased; no leased or
lease/purchased equipment will qualify for a cash rebate.
Removed motors must be properly disposed of after inspec-
tion and not re-used with the Denton Electric. Utility
system. Method of disposal must be stated.
3. The City will pay the rebate to the purchaser of the
qualifying equipment upon verification of compliance with
program guidelines.
4. Equipment and Listallation are subject to inspection by
the City's Electric Utility before final approval for
payment is issued.
5. Replacement motors must be the same horsepower or lower
than the original motor. Exceptions must be approved in
writing by the City's Electric Utility. Only motors 20
horsepower and above are eligible for the program.
6. All information must be complete on the Motor Rebate
Application in order for a rebate to be issued (see Motor
Rebate Application).
7. The Premium-Efficiency Motor Rebate program guidelines and
payments are subject to change without notice. This
program may be discontinued with prior notice, at any time
by the City of Denton Electric Utility.
PAGE 58
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REBATE METHOpOLOGy
Rebates for the Premium-Efficiency Motor Rebate Program will be
based on the following methodology:
REPLACEMENT MOTORS:
1. The Denton Electric Utility staff will visit the site to
determine the existing motors efficiency. If the existing motor is
non-operational, an estimate will be made.
2. The customer must provide all information on the rebate
application concerning the proposed motor purchase.
3. A new motor must not exceed the horsepower of the existing
motor without express written consent by the Denton Electric
Utility, which consent shall be given only if the utility finds an
increased efficiency.
4. The infor.:,ation concerning the existing and the proposed
motors will be entere3 into the Motor Master software program to
calculate the kilowatt (KW) or kilovol: amperee (KVA) savings yield.
The calculation is based on horsepower, efficiency, RPM, and load
information.
5. The KW or KVA yield will be multiplied times the rebate
incentive amount of $1001KW or $90/KVA:
KW yield x $100 / KW
or KVA yield x $ 90 / KVA
6. Th installat one and t foll owing successful installation,sa re atevcheck
will be mailed to the customer. 1
NEW MOTORS:
New motors will follow the procedure outlined above for
rE!Placement motors but the efficiency comparison will be made
against a standard new motor, to be determined by the Motor Master
software program used by the City, Department of Energy standards,
or the Denton Electric Utility.
ADJUSTABLE SPEED DRIVES:
The Denton Electric Utility will visit the customer site to
determine KW/KVA savings from the proposed Adjustable/Variable Speed
Drive. Those savings will be awarded on a $100/KW or $90/KVA basis.
A watt meter will be used before and after installation.
KW / KVA SAVINGS:
Rebates in excess of $1,000.00 require advance approval of the
Director of Electric Utilities.
PAGE 59
I
SCHEDULE UPS
UNINTERRUPTIBLE POWER SUPPLY
(Effective 20/01/96)
APPLICATION
Applicable to any customer who, by written agreement, receives
service for an uninterruptible power supply for a computer or other
' electrical equipment. Uninterruptible Power Supplies provided by the
City of Dentori are of the standby type.
NET MONTHLY RATE
(1) Facility Charge:
0 - 300 Watts Uninterruptible Power Supply $ 7.80 / 30 days
301 - 700 Watts Uninterruptible Power Supply $14.90 / 30 days
701 - 1,200 Watts Uninterruptible Power Supply $31.85 / 30 days
(2) Installation Charge $25.75
Fix any Uninterruptible Power Suppply other than above, the
m)nthly customer charge will be based on the following formula:
(1) Monthly Charge:
5$ of Annual a;ntenance Cost PLUS
12 months
f~ Annual Return of Inv arm nt PLUS
12 months
81 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 regulations.
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 60
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PRORATION OF UTILITY HILLS
(a) Billings for the :acility charge shall be based on 12
billings annually and prorated for longer or shor11er
billing periods using the following formula:
Formula:
Actual days3in days period x customer facility charge
Ya
PAGE 61
F
SCHEDULE ECA
ENERGY COST ADJUSTMENT
(Effective 10/01/96)
ENERGY COST ADJUSTMENT
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 during the last month
of each fiscal year quarter (December, March, June and September) to
be applied to the quarter immediately following. The City shall in
no case change the energy cost adjustment more than once in any
three (3) month period. The ECA shall be calculated using the
following formula:
ECA Projected energy cost for next quarter
Projected KWH sales for next quarter
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 $500,000
or more during the next quarter, the Director of Electric Utilities
or his designate shall recompute the Energy Cost Adjustment and,
with Public Utilities Board approval, may establish an ECA that
collects or returns such difference over the next three month
period. Such change in ECA shall be applied evenly to each month
during the three month period.
The above formula results in an October - December 1996
estimated ECA as follows:
ECA = 2.000 / KWH
PAGE 62
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SPECIAL PACILITIES RIDER
(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 of
this rider.
(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 provi-
ding service to the customer.
PAGE 63
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f
SECTION rT, That the Executive Director of Utilities is hereby
authorized to expend funds to issue rebates to electric utility
customers in the form and type set forth in Schedules APR, MTR and
TS, as the use of more efficient compressors, motors and thermal
storage is in the best interest of the City of Denton, as such will
reduce the peak load and conserve energy, which are public purposes
of the City.
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 held 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.
SBC'1„ QN ly. That the Schedule of Rates herein adopted shall be
effective, charged and applied to all energy usage occurring on or
after October 1, 1996; and a copy of said rates shall be maintained
on file in the Office of the City Secretary.
PASSED AND APPROVED this the day of y 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER 'WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PAGE 64
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ApenQa No,___.gH~,3~
CITY OF DENTON WATER UT&`'e"' _
CURRENT VERSUS PROPOSED RATES
ate cTie u3Te------ _
1997 1996
Residential Rates_ Rates Increase
4' Meter = Wp $ WRN
Meter 9,55
1 1/2" Meter 11,40 9.55 0.00%
2" Meter 16.25 11,40 0.00%
Alf Gallons Block Rate 18.10 16.25 0.00%
First Block Rate -Winter 18,10
Second Block Rate Summer 2.60 2.60 000%
Thlre Block Rate - Summer 2,60 260 0.00%
- Summer 3.50 350 0.00%
Average Customer Bill At 8 4.35 435 0.00
,500 Gallons/Month 0'%
~
Average Monthly Doilar increase 31.65
0.00 31.85 00096
3/4"I Mete Cor orate L_ (mlts_ =yyE
V Meter 1100
1 1/2' Meter 13.10 11.00 0.00%
2' Meter 18.65 13,10 0.00%
Alf Gallons Block Rats - 20.80 18.65 0.00'A
First Block Rate - Summer Winter 3,00 20.80 000%
Second Block Rate - 00 3.00
Third Block pate _ Summer 3.00 300 0.00%
Summer 4,05 4.05 0,00%
C+ornmerciallndustdai 5.00 5.00 0.00%
3/4' Meter - WC $ WCN 0'
11 Meter
1 1/2' Meter 22.20 20.20 0.00% 20.20 %
2" Meter 25, 75 22,20 0.00
3" Meter 25.75 0.009,0
4' Meter 31 31 ,65 31.65 0 0096
6' Meter 1 25 22.50 66'25 0.00%
8" Meter 153,00 122,50 0.00%
I 0' Meter 178.00 153.00 0.00%
214,00 14.00 0.00%
Volume Charge/1000 Gallons 214.00 000%
287 2,87
Average Bill At 40,000 Gallons/Month 0.00%
Commercial outside Co 137.00 137.00
X1/4" eter orate Limits - WCE 0'0096
i' Meter 21,50
1 1/2' Meter 23.50 21,50 000%
2' Meter 29,60 23.50 0.00%
3' Meter 34,50 29.60 0.00%
4' Meter 75.00 34.50 0.00%
6' Meter 141,00 75.00 0.00/0
0/0
8' Meter 176.00 141.00 0.00%
10' Meter 205.00 2 76.00 0,00%
247.00 205,00 000%
Volume Charge/1000 Gallons 247'00 0.00%
3,25 3.25
0.0096
PACE 65
EXHlE3lT
CITY OF DENTON WATER UTILITY
CURRENT VERSUS PROPOSED RATES
Rate c e u e
_ 1997 19 6
Rates Rat_ e5 Increase
Wholesale -WW1
Readiness to Serve/1 000 Gallons 0,4634
Volume Charge/1000 Gallons 0.4781 -3.07%
1.30 1.28 1.569(,
Government - WG
314' star
1" Meter 14.85 14.85 0.00%
1 1/2* Meter 16.60 16.60 0.00%
2' Meter 20.55 20.55 0,00%
3' Meter 27.85 27.85 0.00%
4' Meter 57.15 57.15 0,00%
6' Meter 95.00 95.00 0,000/0 8' Meter 127.00 127.00 0.00%
1(Y Meter 149.00 149.00 0.00%
214.00 214.00 0.00%
Volume Charge/1000 Gallons
2.81 2.81 0.00%
Local Government Ird on - WGI & WGN
3/4' ete'
1' Meter 14.85 14.85 0.0046
1 1/2* Meter 16.60 16.60 0.00%
2' Meter 20.55 20.55 0.00%
3' Meter 27.85 27.85 0.00%
4' Meter 57.15 57.15 0.00%
6' Meter 95.00 95.00 0,00%
127.00
8' Meter 1
49.00 127.00 0,00%
143.00 0,0096
Volume Charge/1000 Gallons Non-Interruptible) 2,81
Volume Charge/1000 Gallors Interruptible) 2.40 2.81 0.00%
2.40 0.00%
Ado t A S of - WGA
3/4' eter (illable 3 times annually) 9.55
1' Meter 1140 9.55 0.00°x,
1 112' Meter 11.40 0,00%
2" Meter 16.25 16.25 0,0G96
18.10 18.10 0,0096
Volume Charge/1000 Gallons 2.81 2.81 0.00%
Government Raw Water - WGU
Facility harge 154.00 Volume Charge11000 Callons 1 54
•50 0.00%
1.50 1.50 0.0046
Metered Hydrant - WFH
Facility Charge 3250
Volume Charge/l000 Gallons 32.87 0.00%
Deposit 2.87 2.87 0.000
Installation Charge 660.00 680.00 0.00%
N/A N/A N/A
PAGE 66
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M1
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97VA7ER.0AD
ORDINANCE NO. --F
AN ORDINANCE AMENDING THE SCHEDULE OWATER RATES CONTAINED IN
ORDINANCE 95-179 FOR WATER SERVICE;
RBGIONAL WATER DISTRICT RATE (W 41),PER AMENDING
ORAL pUPPER ROVIDINsNFOR
A SEVERABILITY CLAUSS; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SE- CT- MLI . That the Rate Schedules for water service as pro-
vided for in Chapter 26 of the Code of Ordinances, are amended to
read as follows:
MATER RATE SCMmULES
WR Residential Water Service R
WRE Outside Corporation Limits Residential Water Service 2
WC Commercial/Industrial Water Service Rate 4
I
6 WCB Outside Corporation +
Limits Commercial & Industrial
Wacer Service 8
WG Intra-Gove7'-unent,al Sales of Finished water
WGI Local Government Sprinkler Irrigation Rate 10
WGA Local-Governmental Water Service for Adopt-a-Spot 12
WGU Intra-Governmental Sales of Untreated Water 14
WFH Metered Water from Fire Hydrant 16 17
WWI Interim Treated Water/Raw Water Resale and Transmission lg
Service to Upper Trinity Regional Water District
Water Tap and Loop
20
Special. Facilit'es Rider
22
PACE 67
i
SCHEDULE WR
RESIDENTIAL WATER SERVICE
(Effective 10/01/96)
APPLICATION
Applicable for single family residential service, and individually
metered apartments or mobile homes or multi-family facilities with
less than four units.
Also applicable 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, temporary, standby, or supplementary ser-
vice except in conjunction with applicable rider.
NET MONTHLY RATE
(1) Facility Charge Billing Per 30 Days
3/4-' Meter $ 9.55
11, Meter $11.40
1-1/2" Meter $16.25
2" Meter $18.10
(2) Volume Charge Rate Per 1.000 Gallon
RATE BLOCK PER 30 DAYS WINTER SUMMER
Billing months of Billing months of
NOV, through APRIL MAY through OCT
0-15,000 gals $2.60 $2.60
15,001-30,000 gals $2.60 $3.50
Over 30,000 gals $2.60 $4.35
MINIMUM BILLING: Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PAGE 68
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PRORATION OF FA ILITY CHARGE
Billing for the Facility Charge shall be based on 12 billings
annually and prorated for longer or shorter billing periods using
the following formula:
Formula:
Actual days in readi__n_o period
30 days x customer charge
VOLUME CHARGE
Billing for the water consumption shall be based on the gallon
consumption during the billing period.
Formula:
Gal, in ra p block
1000 gallons x rate per 1,000 gal, in rate block
PAGE 69
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SCHEDULE WU
OUTSIDE CORPORATE LIMITS RESIDENTIAL WATER SERVICE
(Effective 10/01796)
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, with or without wastewater service.
NET MONTHLY RATE
(1) Facility Charge Billing Per 30 Days
3/4" Meter $11.00
Meter $13.10
1-1/2" Meter $18.65
2" Meter $20.80
(2) Volume Charge Rate Per 1.000 Gallons
RATfi BLOCK PER 30 DAY$ WINTER SUMNER
Billing months Billing months
NOV through APgj MAY through OCT
0-15,000 gals $3.00 $3.00
15,001-30,000 gals $3.00 $4.05
Over 30,000 gals $3.00 $5.00
MINIMUM BILLING: Facility Charge
PAYME
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 70
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F
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PRORATION OF FACILITY CHARGE
Billing for the Facility Charge shall be based on 12 billings
annually and prorated for longer or shorter billing periods using
the following formula:
Formula:
Actual days in reading period
30 days x customer charge
VOLUME CHARGE
Billing for the water consumption shall be based on the gallon
consumption during the billing period.
Formula:
Gal, in Rate Block x Rate per 1,000 Gal. in Rate Block
1,000 gallons
PAGE 71
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A
SCHEDULE WC
COMMERCIAL/INDUSTRIAL WATER SERVICE RATE
(Effective 10/01/96)
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.
Also applicable where the metered water is not returned to the
wastewater system for collection and treatment, i.e. water used in
production or irrigation or where the wastewater flow is measured
separately.
Not applicable to resale service in any event, nor to temporary,
standby, or supplementary service except in conjunction with
applicable rider.
NET MONTHLY RATE
(1) Facility Charge Billing Per 30 Day@
3/4" Meter $ 20.20
In Meter $ 22.20
1-1/2" Meter $ 25.75
2" Meter $ 31.65
3" Meter $ 66.25
4" Meter $122.50
6" Meter $153.00
8" Meter $178.00
10" Meter $214.00
(2) Volume Charge $2.87 per 1000 gallons
MINIMUM BILLING: Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
PE UAL FACILITIES
All eervices which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PAGE 72
Y
F
PRORATION OF FACILITY CHARGE
Billing for the Facility Charge shall be based on 12 billings
annually and prorated for longer or shorter billing periods using
the following formula:
Formula:
Actual days in reading period x customer charge
30 days
VOLUME CHARGE
Billing for the water consumption shall be based on the consumption
during the billing period.
Formula:
Gallons consumption x rate per 1,000 gallons
1,000
PAGE 73
r
F
SCHEDULE WCE
OUTSIDE CORPORATE LIMITS COMMERCIAL & INDUSTRIAL
WATER SERVICE
(Effective 10101196)
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 paint of delivery and measured through one meter, with or
without wastewater service.
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 $ 21.50
1" Meter $ 23.50
1-1/2" Meter $ 29.60
2" Meter $ 34.50
3" Meter $ 75.00
4" Meter $141.00
6" Meter $176.00
8" Meter $205.00
10" Meter $247.00
(2) Volume Charge $3.25 per 1,000 gallons
MINIMUM BILLING: Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PAGE 74
r
6
PRORATION OF FACILITY CHARGE
Billing for the Facility Charge shall be based on 12 billings
annually and prorated for longer or shorter billing periods using
the following formula:
Formula:
Actual days in reading_uerio x customer 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 75
5
a
SCHEDULE WO
INTRA-GOVERNMENTAL SALES OF FINISHED WATER
(Effective 10/01/96)
APPLICATION
Applicable to sales of finished water to all City of Denton
Departments and accoun., ;plied at one point of delivery and
measured through one me,~er.
Not applicable to resale service in any o•vent, nor to temporary,
standby, or supplementary service except in conjunction with
applicable rider.
NET MONTHLY RATE
(1) Facility Charge Billing Per. 3i na s
3/4" Meter $ 14,85
1" Meter $ 16.60
1-1/2" Meter $ 20.55
2" Meter $ 27,85
3" Meter $ 57.15
4" Meter $ 95.00
6" Meter $127.00
8" Meter $149.00
10" Meter $214,00
(2) Volume Charge $2.81 per 1,000 gallons
MINIMUM BILLING: Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PAGE 76
ti
r
PRORATION OF FACILITY CHARGg
Billing for the Facility Charge shall be based on 12 billings
annually and prorated for longer or shorter billing periods using
the following formula:
Formula:
Actual days in reading period
30 days x Facility Charge
VOLUMg CHARGE
Billing for the water consumption shall be based on the gallon
consumption during the billing period.
Formula:
Gallons Consumption
11000 x Rate per 1,000 gallons
PAGE 77
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~y
7
SCHEDULE WGI
LOCAL GOVERNMENT SPRINKLER IRRIGATION RATE
(Effective 10101196)
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. Water will be provided on a no:-interruptible
basis or on an as available basis, interruptible as needed to meet
peak requirements.
Not applicable to resale service in any event, nor to temporary,
standby, or supplementary service except in conjunction with
applicable rider.
NET MONTHLY RATE
(1) Facility Charge Billing Per 3 Da
(A) Meter Charge
3/4" Meter $ 14.85
1" Meter $ 16.60
1-1/2" Meter $ 20.55
2" Meter $ 27.85
3" Meter $ 57.15
4" Meter $ 95.00
6" Meter $127.00
8" Meter $149.00
(2) Volume Charge
(WGN) Non-interruptible $2.81 per 1,000 gallons
(WGI) interruptible $2.40 per 1,000 gallons
MINIMUM BILLING: Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PAGE 78
yi
4
Y
PRORATION OF FACILITY CHARGE
Billings for the Facility charge shall be based on 12 billings
annually and prorated for longer or shorter billing periods using
the following formula:
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-Cons Lion x Rate per 1,000 gallons
1,000
PAGE 79
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SCHEDULE WGA
LOCAL GOVERNMENT WATER SERVICE FOR "ADOPT-A-SPOT"
(Effective 10/01/96)
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 any event, nor to temporary,
standby, or supplementary service except in conjunction with appli-
cable rider.
NET ANNUAL RATE
(1) Facility Charge Per Billing
3/4" Meter $ 9.55
1" Meter $11.40
1-1/2" Meter $16.25
2" Meter $16.10
(2) Volume Charge $2.81 per 1,000 Gallons
MINIMUM BILLING: Facility Charge
PAYME P
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.
FACILITY CIIARgE
Billing for the Facility Charge shall be based on three billings
annually in the months of October, April and July.
PAGE 80
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VOLUME CHARGE
Billing for the water consumption shall be based on the gallon
consumption during the billing period.
Formula:
Sallon
s0Conaumption x Rate per 1,000 gallons
1,00
I
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PAGE 81
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SCHEDULE WGu
INTRA-GOVERNMENTAL SALES OF UNTREATED WATER
(Effective 10/01/96)
APPLICATION
Applicable to all City of Denton 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 RATE
(1) Facility Charge $154.00 per 30 days
(2) Volume Charge $1.50 per 1,000 gallons
MINIMUM BILLING
Facility Charge
AYMENT
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
and prorated for longer or shorter billing periods using the following
formula:
Formula-
Actual dgys in reading period
30 days x customer charge
VOLUME CHARGE
Billing for the water consumption shall be based on the gallon
consumption during the billing period.
Formula:
Gallons Consumption x Rate er 1,000
1,000 P gallons
PAGE 82
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SCHEDULE NFH
METERED WATER FROM FIRS HYDRANT
(Effective 10/01/96)
APPLICATION
Applicable for all water taken through a fire hydrant or other
direct distribution line source at one location for private or
commercial use not associated with fire fighting.
EP'DSIT $660.00 per meter
User shall place a deposit each time a City's hydrant meter(s) is
requested. Deposit will be returned when meter is returned and
final bill is paid.
NET RATE
Volume Charge: $2.87 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 times the volume charge, upon the monthly return of the
meter to the Water Department for reading.
FACILITY CHARGE $32.50 per 30 days
PAYMENT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
I
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SCHEDULE WW1
INTERIM TREATED WATER/RAW WATER RESALE AND TRANSMISSION SERVICE TO
UPPER TRINITY REGIONAL WATER DISTRICT
(Effective 10-01-96)
APPLICATION
Applicable to all interim treated and raw water sales and transmis.
sion service to the Upper Trinity Regional Water District (UTRWD).
Not applicable for temporary, standby or supplementary service
except in conjunction with applicable rider.
MONTHLY CHARGES
The monthly charge for all service shall be expressed as a total
unit price per thousand gallons based on the following cost
components:
(1) Water Treatment Fee $ .50 per 1,000 gallons
(2) Transmission Service Fee $ .11 per 1,000 gallons
(3) Variable Treatment Charge $ .25 per 1,000 gallons
(4) Variable Transmission Charge $ .03 per 1,000 gallons
(5) Raw Water Charge $ .41 per 1,000 gallons
Total Unit Price $ 1.30 per 1,000 gallons
CPI-U Formula
The water treatment and transmission service fees shall be
adjusted annually on or about October 1 of each year to reflect
increases or decreases in costs according to the CPI-U (all
items - U.S city average), using the last bimonthly index
published prior to the adjustment. The adjustment shall be
adjusted by multiplying the applicable fee times a fraction
(the CPI-U Adjustment Formula), as follows:
Current CPI-U Index Water Treatment/
Previous CPI-U Index x Transmission
Service Fees
PAGE 84
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Variable treatment and transmission charges shall be based on
the operating budget costs for the fiscal year for which the
rates are applicable. Raw water costs for UTRWD shall be based
on 85* of the rate charged by the City of Dallas to Denton for
raw water purchases, as adjusted at the beginning of each
fiscal year.
PAYMENT
Denton shall render bills on the tenth (10th) day of each month.
Bills shall be due and payable when rendered. Sills are considered
delinquent if not paid within 20 calendar days of the date a bill
for service is rendered. There shall be a ten percent (10k) per
annum interest charge on the amount due from the date when due until
paid if not paid within 20 calendar days of the date a bill for
service is rendered.
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WATER TAP AND LOOP FEES
(Effective 10/01/96)
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.
TAP AND 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:
WATER TAPS WITH LOOP
Size of Tap and Meter Paved Street Unyaved Street
3/4 inch $ 900.00 $ 400.00
1 inch $1,000.00 $ 450.00
1/2 inch $1,200.00 $ 850.00
2 inch $1,400.00 $1,100.00
WATER TAPS WITHOUT LOOP
Size of Tap and Meter Paved Street Unpaved Street
2 inch $1,200.00 $ 350.00
WATER LOOPS
Size of Loop
3/4 inch $ 265.00
1 inch $ 330.00
1/2 inch $ 400.00
2 inch $ 525.00
METER RELOCATIONS
Size of Tap and Meter Relocation of 1Q-Feet or Less
3/4 inch $ 120.00
1 inch $ 140.00
1 1/2 inch $ 175.00
2 inch $ 270.00
PAGE 86
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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 the estima-
ted cost of such installation, or similar work, plus an administra-
tion charge of 20t. Upon completion of the installation or similar
work requested, the applicant shall be billed at actual cost, as
determined by the utility Department, plus a 20t 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.
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SPECIAL FACILITIES RIDER
All service shall be offered from available facilities. If a custo-
mer service characteristic requires facilities and devices which are
not normally and readily available at the location at which the cus-
tomer requests service, then the City shall provide the service sub-
ject to paragraph 2 of this schedule.
The total cost of all facilities necessary to meet the customer's
special requirements which are incurred by the City shall be subject
to a special contract entered into between the City and the custom-
er. This contract shall be signed by both parties prior to the City
providing service to the customer.
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SBCT--- IAN i:• That if any section, subsection, paragraph, sen-
tence, 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 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 3~T.3• That the Schedule of Rates herein adopted shall
be effective, charged and applied to all water consumption occurring
on or after
mai tai ed onOfileein 1, 1996;
Office n of a the copy City of
Sesaid cretary es shall be
PASSED AND APPROVED this the
day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS Tb LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: l~
PAGE 89
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Agenda No. -G3
CITY OF DENTON WASTEWATER AD ~F1' L _
CURRENT VERSUS PROPOSED
Tate--gchecru- 1997 1996 a~
Rates Rates Increase_
Residential - SR
Facility Charge 6.20 6,20 0.00%
Volume Charge/1000 Gallons 2.37 2.37 000%
Average Customer Bill At 6100 Gallons/Month 20.66 20,66 0.00%
Average Monthly Dollar Increase 0.00
Residential without Water Service - SRN
Facility Charge inside ) 6.20 6.20 0.00%
Facility Charge Outside 7.15 7.15 0.00%
Volume Charge/1000 Gallo) Inside City) 2.37 2.37 0.00%
Volume Charge/1000 Gallons Outside City) 2.73 2.73 0.00%
Residential outside Corporate Limits
and with City of Denton Water Service - SRW
Facility Charge 715 715 000%
Volume Charge/1000 Gallons 2.73 2.73 0.00%
Re ular Commercial - SC
Char Volume Charge/1000 Gallons 16'28 16'28 0•00%
Surcharge - See Below 3.08 3.08 0
Customer Bill At 32,000 Gallons Discharge/Month 114.76 114.76 0.00%
Average Monthly Dollar Increase 0.00
Commercialllndustdal without Water Service - SCN
Facility harge Inside 16.20 16.20 0,00%
Facility Charge Outside city) 18.65 18.65 0.00%
Volume Charge/ 000 Gallons (inside) 3.08 3.08 0.0096
Volume Charge/1000 Gallons (Outside) 3.55 3.55 0.00%
Sampling Charge (As Required) 35.00
Analysis Charge (As Required) 1500 15.000 0 0.00 6
Commercial with Dedicated Water Meters - SCD
3 4' Maier r~ 41"Cel {Water rate WC
' Meter 21.50 21.50 0.00%
1 1 M Meter 23.50 23,50 0.00%
1
1 Meter 29.60 29.60 0.00%
3' Meter 34.50 34.50 0.00%
4' Meter 75.00 75.00 0.00%0
6' Meter 141.00 141.00 0.00%
6' Meter 176.00 176.00 0.00%
Volume Charge/1000 Gallons 205.00 205'00 0.00%
Surcharge - Sec Below 3 3.08 0.00%
Regular Commercial outside Corporate Limits
and with C• of Denton Water Service - SCW
Facility Charge 18.00 18.00 0.000/0
Volume Charge/1000 Gallons 3.55 3.55 0.00%
Sampling Charge (As Required) 35.00 35,00 0,000/
Analysis Charge (As Required) 1500 1500 000%
Surcharge - See Below
PAGE 90 EXHIBIT 111
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CITY OF DENTON WASTEWATER UTILITY
CURRENT VERSUS PROPOSED RATES
Rate Schedule - 1 a7_____1 996 %
Rates Rates Increase
Pretreatment - SPT (SPA or SPB)
Facility Charge 16.20 1620 0.00%
Volume Charge/1000 Gallons 3.08 3,08 0.00%
Administrative/Program Categorical (SPA) 375.00 375.00 0.00°/0
Administrative/Program Non-Categorical (SPB) 49.00 46.00 0.00%
S-mpling Charge 35.00 35.00 0.00%
Analysis Charge 15.00 15.00 0.00%
Surcharge - See Below
Metered Wastewater - SM
Facility Charge Inslde-) 200.00 200.00 000%
Facility Charge Outside City) 230.00 230.00 000%
Volume Charge/ 000 Gallons Inside) 3.06 306 000%
Volume Charge/1000 Gallons (Outside) 3.55 3.55 0.00%
Sampling Charge 35.00 35.00 0.00%
Analysis Charge 15.00 15.00 0.00%
Surcharge -See Below
Metered Wastewater Cate rical SMA
aci ity arge ns a qty 200.00 200.00 0.00%
Facility Charge Outside City) 230.00 230.00 0.00%
Volume Charge/ 000 Gallons Inside) 3.08 3.08 0.00%
Volume Charge/1000 Gallons (Outside) 3.55 3.55 0.00°/0
Administrative Program Categorical 375.00 375.00 0.00%
Sampling Charge 35.00 35.00 0.00%
Analysis Charge 15.00 15.00 0.00°/0
Surcharge - See Below
Metered Wastewater Non-Categorical - SMB
Facilrty arge (Inside } 200.00 20000 000%
Facility Charge ({Outslde city) 230.00 230.00 0.00°/0
Volume Charge/ 000 Gallons (inside) 3.08 308 000%
Volume Charge/1000 Gallons (Outsie) 3.55 3.55 0,00%
Administrative/Program Non-Categorical 4600 46.00 0.00%
Sampling Charge 35.00 35.00 000%
Analysis Charge 15.00 15.00 0.00%
Surcharge - See Below
Eatin Places - SEP
Faci nY arge 16.20 16.20 0.00%
Vo;ume Charge/1000 Gallons 4.25 4.25 0,00%
Sampling Charge (As Required) 35.00 35.00 0.009'0
Analysis Charge (As Required) 15.00 15.00 0.00%
Surcharge - See Below
E uiui ment Services - SES
` °""dqWge 16.20 16.20 0.00%
Volume Charge/1000 Gallons 4.25 4.25 0.00%
Administrative/Program Categorical 375.00 375.00 0.00%
Administrative/Program Non-Categorical 46.00 46.00 0.wo
Sampling Charge (As Required) 35.00 35.00 0,00%
Analysis Charge (As Required) 15.00 15.00 0.00°/0
Surcharge - See Below
PAGE 91
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CITY OF DENTON WASTEWATER UTILITY
CURRENT VERSUS PROPOSED RATES
Rate c e u e 1987 1996 -
Rates _ Rates Increase
Government - SG
Facility Charge 16.20 16.20 0.00%
Volume Charge/1000 Gallons 2.73 2.73 0.00%
Surcharge - See Below
Industrial Water - SGE
Fa-c Volume Cha9ge/1000 Gallons 110'00 110'00 0.00%
1.20 1.20 0.00%
Wholesale - SSC
Facility Charge 180.00 165.00 9.09%
Volume Charge/1000 Gallons 2.00 1.94 3.09%
Sampling Charge (As Required) 35.00 3500 000%
Anal- Isis Charge (As Required) 15.00 15.00 0.0096
Surcharge - See Below
Surcharge
Biochemlcal Oxygen Demand - BOD 0.00233 0.00233 0.00%
Total Suspended Solids - TSS 0.00200 0.00200 0.00%
PAGE 92
Qt
A
97WdATER.ORO
ORDINANCE NO.
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES CONTAINED IN
ORDINANCES 95-180, 96-043, AND 96-124 FOR WASTEWATER SERVICE;
AMENDING THE RESIDENTIAL WASTEWATER SERVICE SCHEDULES (SR/SRW);
AMENDING THE WHOLESALE WASTEWATER TREATMENT RATE (SSC); PROVIDING
FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I That the Rate Schedules for 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
SRW Residential Wastewater Service to Users Outside
6 of Denton Corporate Limits without City of Denton
Water Service
SC Regular Commercial/Industrial Wastewater Service
9
SCD Commercial/Industrial Wastewater Service with
Dedicated Water Meters 11
SCW Commercial/Industrial Wastewater Service Outside the
City of Denton Corporate Limits with City of Denton 13
Water Service
SEP Restaurants & Food Service Wastewater Service
15
SES Equipment Services Wastewater Service
18
SPT Commercial/Industrial Pretreatment Wastewater Services 21
SM Metered Wastewater Inside/Outside Corporate Limits
23
SG Intragovernmental Wastewater Service
25
SGE Sale of Treated Wastewater Effluent to Municipal 27
Utility Customers
SSC Wholesale Wastewater Treatment Service for a
Governmental Agency, Division or Subdivision 28
Wastewater Tap Fees
30
Special Facilities Rider
31
PAGE 93
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SCHEDULE SR
RESIDENTIAL WASTEWATER SERVICE
(Effective 10/1/96}
APPLTA TI N
Applicable for single family residential service, and individually
metered apartments or mobile hcmes or multi family facilities with
less than four (4) units. Also applicable for wastewater service
without City of Denton water service.
Not applicable for sub-billing or other utility billing by service
user in any event.
NET M NTHLY RATE - WITH CITY OF DENTON WATER SERVICE
(1) Facility Charge $6.20 / 30 days
(2) Volume Charge
$2.37 / 1,000 gallons effluent
Except as otherwise stated in this schedule, wastewater volume is
calculated based upon an Average Daily usage, established annually
during the billing months of December through February, and based
upon actual water consumption during those months.
Daily Usage thus calculated establishes the wastewater Avolume The rae
charge for each subsequent month, through the following February.
Otherwise, for customers possessing insufficient water consumption
billing history to establish a historical Average Daily Usage,
wastewater volume is calculated based upon the current month's
water consumption, tied to a fixed maximum volume.
A. For customers with an established historical water consumption
billing history for the preceding months of December through
February, the Average Daily Usage applicable through the
following February shall be calculated at 98V of the current
average daily water consumption for the preceding December
through February, subject to the following exception;
1 Weichtinc factor If the current Average Daily
calculated deviates by more than 25V from the hstUsa so
orical
daily wastewater volume (98t of average daily water
consumption) calculated for any component month (Decem-
ber, January or February), the historical Average Daily
Usage calculated for the previous year plus or minus 25V
shall be substituted for the current daily usage in any
such deviant month in calculating a new weighted Average
naily Usage to be utilized from March through the
following February.
B. For customers without an established historical water consump-
tion billing history for the preceding months of December
through February, wastewater volume for each month through the
following February shall be calculated at 98$ of the actual
Page 94
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water consumption for the month, subject to the following
limitations:
1. For the months of March through November, the maximum
wastewater volume for billing purposes shall be calculat-
ed based upon 98V of 6,500 gallons of water consumption.
2. For the months of December through February, the maximum
wastewater volume for billing purposes shall be calculat-
ed based upon 98% of 30,000 gallons of water consumption.
MINIMUM BILLING - WITH CITY OF DENTON WATER SERVICE
Facility Charge
VOLUME CHARGE - WITH CITY OF DENTON WATER SERVICE
With an established historical Average Daily Usage, billings
through the following February shall be based on the average daily
usage calculated for December through February using the following
formulas.
Formula: If current month (December, January, or February)
Average Daily usage is within 25% of the historical
average daily usage.
Current Average Daily Usage x Rate per 1 000 gallons
1000
Formula: If current month (December, January, or February)
Average Daily usage is not within 25% of the
historical average daily usage.
Historical Average Daily Usage 1- 25k x Rate per 1,000 gallons
1000
For customers without an established historical Average Daily
Usage, billings for months other than December, January or February
shall be based on 98V of actual water consumption for the month, or
98% of 6,500 gallons, whichever is less.
Formula: The Lower of;
Actual Water Consumption x 98$ x Rate per 1,000 gallons
1000
Or,
6.500 Gallons x 98V x Rate per 1,000 gallons
1000
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For customers without an established historical Average Daily
Usage, billings for December through February shall be 98% of the
actual water volume consumed for the month, up to a maximum of
30,000 gallons of water volume per 30 days.
Formula:
Actual Water Consumption x 98V x Rate per 1,000 gallons
1000
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 cus-
tomer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF FACILITY f-,HARGE
Billing for the Facility Charge shall be based on 12 billings
annually and shall be prorated based u,i the following formula:
Actual days in reading period x customer charge
30 days
NET MONTHLY RATE - WITHOUT CITY OF DENTON WATER SERVICE
SE s0
Inside Corporate Outside Corporate
Limits Limits
(1) Facility Charge $6.20 / 30 days $7.15 / 30 days
(2) Volume Charge $2.37 / 1,000 gals $2.73 / 1,000 gals
The customer shall pay a minimum volume charge on four thousand
(4,('00) gallons per month.
MINIMUM BILLING - WITHOUT CITY OF DENTON WATER SERVICE
The facility charge plus 4,000 gallons of wastewater
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VOLUME CHARGE - WITHOUT CITY F DENTON WATER SERVE
The billing for the wastewater volume shall be based on the
wastewater volume calculated during the billing period.
Formula:
Minimum Wastewa er Volume x Rate per 1,000 gallons
1000
PAYMENT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of isouance.
SPECIAL FACILITIES
All services which require special facilities in order to meet cus-
tomer's service requirements shall be provided subject to the
special facilities rider.
FhJitATION OF FA rr ITY CHARGE
Billing for the Facility Charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
Actual dnp in reading period x customer charge
30 days
1
Page 97
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SCHEDULE SRW
RESIDENTIAL WASTEWATER SERVICE TO USERS
OUTSIDE CITY OF DENTON CORPORATE LIMITS WITH
CITY OF DENTON WATER SERVICE
(Effective 10/1/96)
APPLICATION
Applicable for single family residential sewer customers, individu-
ally metered apartments or mobile homes or multi-family facilities
with less than four (4) units outside of the corporate limits of
the City of Denton and also receiving water from the City of
Denton.
NET MONTHLY RATE
(1) Facility Charge $7.15 / 30 days
(2) Volume Charge $2.73 / 1,000 gallons
Except as otherwise stated in this schedule, wastewater volume is
calculated based upon an Average Daily Usage, established annually
during the billing months of December through February, and based
upon actual water consumption during those months. The Average
Daily Usage thus calculated establishes the wastewater volume
charge for each subsequent month, through the following February.
Otherwise, for customers possessing insufficient water consumption
billing history to establish a historical Average Daily usage,
wastewater volume is calculated based upon the current month's
water consumption, tied to a fixed maximum volume.
A. For customers with an established historical water consumption
billing history for the preceding months of December through
February, the Average Daily Usage applicable through the
following February shall be calculated at 98V of the current
average daily water consumption for tae preceding December
through February, subject to the following exception:
1. Weighting factory If the current Average Daily Usage so
calculated deviates by more than 25$ from the historical
daily wastewater volume (98% of average daily water
consumption) calculated for any component month
(December, January or February), the historical Average
Daily Usage calculated for the previous year plus or
minus 25% shall be substituted for the current daily
usage in any such deviant month in calculating a new
weighted Average Daily Usage to be utilized through the
following February.
B. For customers without an established historical water consump-
tion billing history for the preceding months of December
through February, wastewater volume for each month through the
following February shall be calculated at 98% of the actual
Page 98
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water consumption for the month, subject to the following
limitations:
1. For the months of March through November, maximum
wastewater volume for billing purposes shall be calculat-
ed based upon 98W of 6,500 gallons of water consumption.
2. For the months of December through February, maximum
wastewater volume for billing purposes shall be calculat-
ed based upon 98* of 30,000 gallons of water consumption.
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 cus-
tomer's service requ?rements 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 and shall be prorated based on the following formula:
I
Actual days in reading period x customer charge
30 days
VOL= CHAR E
With an established historical Average Daily Usage, billings
through the following February shall be based on the average daily
usage calculated for December through February using the following
formulas.
Formula: If current month (December, January, or February)
average daily usage. Daily usage is within 25& of the historical
Current ve rag~ily Usage x Rate
1000 per 1,000 gallons
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Formula: If current month (December, January, or February)
Average Daily usage is not within 25W of the
historical average daily usage.
Historical Average Daily Usage 252. x Rate per 1,000 gallons
1000
For customers without an established historical Average Daily
Usage, billings for months other than December, January or February
shall be based on 98W of actual water consumption for the month, or
98W of 6,500 gallons, whichever is less.
Formula: The Lower of;
Actual Water Consumption x 90 x Rate per 1,000 gallons
1000
Or,
-E.500 Gallons x 98$ x Rate per 1,000 gallons
1000
For customers without an established historical Average Daily
Usage, billings for December through February shall be 98V of the
actual water volume consumed for the month, up to a maximum of
30,000 gallons of water volume per 30 days.
Formula:
Actual Water onsumption x 9Ht x Rate per 1,000 gallons
1000
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SCHEDULE SC
COMMERCIAL AND INDUSTRIAL WASTEWATER SERVICE
(Effective 10/01/96)
REGULAR COMMERCIAL
APPLICATION
Applicable to all commercial and industrial wastewater service
users and to all wastewater service users not otherwise classified
under SEP, SES, SPT, SCD, or SM listed herein.
Also 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
receiving wastewater service during the month.
NET MONTHLY RATE - WITH CITY OF DENTON WATER SERVICE
(1) Facility Charge $16.20 / 30 days
(2) Volume Charge $3.08 / 1,000 gallons effluent
Billing based on eighty (80k) percent of monthly water consumption.
MINIMUM BILLING
Facility Charge
VOLUME CHARGE
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
SCN
NET MONTHLY RATE - WITHOUT CITY OF DENTON WATER SERVICE
I
SCI SCO
Inside Corporate Outside Corporate
Limits Limits _
(1) Facility Charge $16.20 / 30 days $18.65 / 30 days
(2) Volume Charge $3.08 / 1,000 gals $3.55 / 1,000 gals
Minimum volume charge will be for four thousand (4,000) gallons per
unit receiving wastewater service per month.
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MINIMUM BILLING
Facility charge plus 4,000 gallons wastewater per unit receiving
wastewater service.
V LUME CHARGE
Billing for the wastewater volume shall be based on the wastewater
volume calculated during the billing period.
Formula:
Minimum wastewater volume x Rate per 1,000 gallons
1000
SAMPLING/ANALYSIS CHARGE
Sampling charge (each) $35.00
Analysis charge (per test) $15.00
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 cus-
tomer's service requirements shall be provided subject to the
special facilities rider.
1
PRORATION OF FACILITY CHARGE
Billings for the Facility Charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
Actual days in reading period x customer charge
30 days
I
i
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SCHEDULE SCD
COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE WITH
DEDICATED WATER METERS
(Effective 10/01/96)
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-3D-Days
3/4" Meter $ 21.50
1" Meter $ 23.50
1-1/2" Meter $ 29.60
2" Meter $ 34.50
3" Meter $ 75.00
4" Meter $141.00
6" Meter $176.00
8" Meter $205.00
10" Meter $247.00
(2) Volume Charge $3.08 / 1,000 gallons effluent
Billing based on ninety-eight (98t) percent of actual water
consumption.
MINIMUM BILLING
Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
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PRORATION OF FACILITY CHARGE
Billing for the Facility Charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
AAr,j,va' days in reading period x customer charge
30 days
VOLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater
volwan calculated during the billing period.
Yormula:
Actual Water volume x 8 x Rate per 1,000 gallons
1000
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SCHEDULE SCW
COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE
OUTSIDE CITY OF DENTON CORPORATE LIMITS
CITY OF DENTON WATER SERVI E
(Effective 10/01/96)
APPLICATION
Applicable to all commercial, industrial users or any other users
of facility not otherwise covered under this ordinance outside the
corporate limits of the City of Denton and receiving water and
wastewater service from the City of Denton.
NET MONTHLY RATE
(1) Facility Charge $18.00 / 30 days
(2) Volume Charge $3.55 / 1,000 gallons
Billing based on eighty (80$) percent of monthly water consumption.
SAMPLING/ANALYSIS CHARGE
Sampling charge (each) $35.00
Analysis charge (per test) $15.00
INDUSTRIAL aBCHARGR
In addition to the above charges for commercial and industrial ser-
vices, there will be added to the net monthly rate an industrial
surcharge based on the following formula:
Surcharge Unit Cost Factor $0.00233/mg/1 of Biochemical i
Oxygen Demand (BOD)
$0.00200/mg/l of Total
aqar3id Slid s M)
Cu=VU ([Bu-250] B + [Su-2501 S])
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for
customer. 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
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.
Page 105
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MINIMUM BILLING
Facility Charge
PAYMENT
Bills are due when rendered, and become past due if not paid within
15 calendar days from date of issuance.
SPECIAL FACILITIES
All services which require special facilities in order to meet
customer's service requirements shall be provided subject to the
special facilities rider.
PRORATION OF FACILITY CHARGES
Billing for the Facility Charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
Actual days in reading Period x customer charge
30 days
VpLUME CHARGE
Billing for the wastewater volume shall be based on the wastewater
volume calculated during the billing period.
Formula:
Water volume x-.g x Rate per 1,000 gallons
1,000
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SCHEDULE SEP
RESTAURANTS & FOOD SERVICE WASTEWATER SERVICE
(Effective 10/01/96)
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 5813.
NET MONTHLY RATE
(1) Facility Charge $16.20 / 30 days
(2) Volume Charge $4.25 / 1,000 gallons effluent
Billing based on eighty (80%) percent of monthly water constunption.
SAMPLING/ANALYSIS CHARGE
Sampling charge (each) $35.00
Analysis charge (per test) $15.00
SEP EXEMPTIONS
(1) Customers under the SEP rate shall be charged the SC rate
if only prewrapped and preprocessed foods are served from
their premises and no food processing is performed on the
premises so that only minimal organic material is dis-
charged to the sanitary sewer. The exemption for the SEP
class shall be determined by the City of Denton Environ-
mental Health Services Food Inspection Division. {
(2) Customers under the SEP 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 di,;charge for the following:
Biochemical Oxygen Demand (BOD), Total Suspended
Solids (TSS), and Fats, Oils and Grease (FOG), based
on the actual costs; and
(c) Agrees to pay, based on the industrial surcharge for-
mula, a surcharge on all wastewater discharged that is
in excess of 500 mg/l of BOD and 550 TSS as determined
by the monitoring performed in Section 2(b).
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MINIMUM BILLING
Facility Charge
INDUSTRIAL SURCHAR
The industrial surcharge calculation that applies to restaurant and
food services claiming the SEP exemption shall be based on the fol-
lowing formula:
Surcharge Unit Cost Factor $0.00233/mg/l of Biochemical
Oxygen Demand (BOD)
$0.00200/mg/l of T,:~L•al Suspended
Solids (TSS)
Cu=Vu ([Bu-500] B + [Su-550] S])
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 2000 gallons for
customer X.
Bu is the tested BOD level for user X or 500 mg/l,
whichever is greater.
B is the unit cost faccor for treating one unit of
BOD per 1,000 gallons.
Su is the tested TSS level for user X or 550 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 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 provided subject to the
special facilities rider.
PRORATION OF FACILITY CHARGE
Billings for the Facility Charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
Actua] days in reading period x customer charge
30 days
Page 108
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VOLUMB CHARCF
Billing for the wastewater volume shall be based on the wastewater
volume calculated during the billing period.
Formula:
Water volume X g x Rate per 1,000 gallons
1000
1
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s
SCHEDULE SES
EQUIPMENT SERVICES WASTEWATER SERVICE_
(Effective 10/01/96)
APPLICATION
Applicable to establishments which perform washing, cleaning or
servicing of automobiles,
are cat trucks, busses or similar equipment and
7542 categorized by Standard Industrial Code Numbers 5541, 7549 or
.
NET MONTHLY RATE
(1) Facility Charge $16.20 / 30 days
(2) Volume Charge $4.25 / 1,000
gallons effluent
Billing based on eighty (80k) percent of monthly water consumption.
(3) Pretreatment / Program Charge
Categorical (30 days) $375.00
Noncategorical (30 days) $ 46.00
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
Sampling Charge (each) $35.00
Analysis Charge (per test) $15.00
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, quar-
terly, the wastewater discharge for the following: Bio-
chemicz1 Oxygen Demand (BOD), Total Suspended Solids
(TSS), and Fats, Oils and Grease (FOG), based on the
actual cDsts; 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 and 600 TSS as determined by the
monitoring performed in paragraph 2(b) of this section.
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MINIMUM BILLING
Facility Charge, plus the appropriate Pretreatment / Program Charge
if applicable.
INDUSTRIAL SURCHARGE
The industrial surcharge calculation that applies to equipment ser-
vices claiming the SES exemption shall be based on the following
formula:
Surcharge Unit Cost Factor $0.00233/mg/l of Biochemical
Oxygen Demand (BOD)
$0.00200/mg/l of Total Suspended
Solids (TSS)
Cu=VU ([Bu-500] B + [Su-600] S])
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for
customer 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/1,
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.
PRORATION OF FACILITY CHARGE
Billings for the Facility Charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
Actual days in reading period x customer charge
30 days
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yMLMME_ CHAR
Billing for the wastewater volume shall be based on the wastewater
volume calculated during the billing period.
Formula:
dater volum x e x Rate per 1,000 gallons
1000
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SCHEDULE SPT
COMMERCIAL/INDUSTRIAL PRETREATMENT WASTEWATER SERVICES
(Effective 10101/96)
APPLICATION
Applicable to all major commercial and industrial Customers subject
to EPA Pretreatment criteria or such other commercial and industri-
al customers that have the probability of discharging extra
strength wastewater or which may have substances in their waste-
water which are listed on EPA's categorical pollutant list.
NET MONTHLY CHARGE
(1) Facility Charge $16.20 / 30 days
(2) Pretreatment/Program Charge
a. Categorical $375.00 / 30 days
b. Noncategorical $ 46.00 / 30 days
(3) Volume Charge $ 3.08 / 1,000 gallons
Billing shall be based on 80% of water consumption or 100% of
actual metered wastewater.
SAMPLING/ANALYSIS CHARGE
Sampling charge (each) $35.00
Analysis charge (per test) $15.00
INDUSTRIAL URCHARGR
In addition to the above cLarges for commercial and industrial ser-
vices, there will be added to the net monthly rate an industrial
surcharge based on the following formula:
Surcharge Unit Cost Factor $0.00233/mg/l of Biochemical
Oxygen Demand (BOD)
$0.00200/mg/l of Total
Cu=Vu ([Bu-2501 B + [Su-250) S1)
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for
customer 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.
I
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Su is the tested TSS level for user X or 250 mg/1,
whichever is greater.
S is the unit cost factor for treating one unit of
TSS per 1,000 gallons.
MINIMUM BILLING
Facility Charge, plus the appropriate Pretreatment Program
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
customer's service requirements shall be provided subject to the
special facilities rider.
PRORATION F FACILITY CHARGE & PRETREATMnNT PR RnM l'Anonc+
Billings for the Facility Charge and pretreatment/program charge
shall be based on 12 billings annually and shall be prorated based
on the following formula:
AgUal da
30 ys nr a~in period x customer charge
Ys
YDLM CHARGE
Billing for the wastewater volume shall be based on the wastewater
volume calculated during the billing period.
Formula:
Fester volume x 8 x Rate per 1,000 gallons
1000
or
Wastewater volume x Rate per 1,000 gallons
1,000
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SCHEDULE SM
METERED WASTEWATER INSIDE/OUTSIDE CORPORATE LIMITS
(Effective 10/01/96)
APPLICATION
Applicable to any wastewater service customer desiring to meter all
wastewater discharge from a single customer location and not other.
wise classified under this ordinance.
NET MONTHLY RATE SMI SMO
Inside Corporate Outside Corporate
Limits _ Limits _
(1) Facility Charge $200.00 / 30 days $230.00 / 30-lays
(2) Volume Charge $3.08 / 1,000 gals $3.55 / 1,000 gals
(3) Pretreatment/Program Charge
(A) Categorical (30 days) $375.00
(B) Noncategorical (30 days) $ 46.00
The appropriate Pretreatment /Program charge will be applied if the
customer qualifies as either categorical or noncategorical classi-
fication. The categorical and noncategorical classifications are
not bound by corporate limits. These charges are not to be &,-plied
if the customer is not designated as either a categorical or non-
categorical customer.
SAMPLING/ANALYSIS CHAR E
Sampling charge (each) $35.00
Analysis charge (per test)
$15.00
INDUSTRIAL SURCHARGE
In addition to the above charges, there will be added to the net
monthly rate for commercial and industrial, an industrial surcharge
based on the following formula:
Surcharge Unit Cost Factor $0.00233/mg/l of Biochemical
Oxygen Demand (SOD)
Surcharge Unit Cost Factor $0.00200/mg/lof Total
S.parbd ids a%)
Cu=Vu ((Bu-2501 B + (Su-250) S1)
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for
customer X.
Bu is the tested SOD level for user X or 250 mg/l,
whichever is greater.
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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/1,
whichever is greater.
S is the unit cost factor for treating one unit of
TSS per 1,000 gallons.
MINIMUM BILLIN
Facility Charge, 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 FACIL;TY CHAR E
Billing for the Facility Charge shall be based on 12 billings
annually and shall be prorated based on the following formula:
Agtual 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
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SCEMDUL8 SC;
INTRA-G~VERNMENTAL W TEWATER SERVICE
(Effective 10/01/96)
APPLICATION
Applicable to all City of Denton Departments and agencies for all
wastewater service.
NET MONTHLY RATE
(1) Facility Charge $16.20 / 30 days
(2) Volume Charge $2.73 / 1,000
gallons
Billing shall be based on eighty (80W) percent of water consump-
tion.
INDUSTRIAL S_ URCHARGE
In addition to the above charges for commercial and industrial
services, a wastewater surcharge may be added based on the fol-
lowing formula:
Surcharge Unit Cost Factor $0.00233/mg/1 of Biochemical
Oxygen Demand (BOD)
$0.00200/mg/l of Total
S14axiad Solids (11M)
Cu=Vu ((Bu-2503 B + [Su-250] S))
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for
customer 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
Su is SOD per rtestted TSS gallons. for user X or 250 mg/1,
whichever is greater.
S is the unit cost factor for treating one unit of
TSS 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.
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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 and shall be prorated based on the following 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:
Water volume x .8.x Rate per 1,000 gallons
1000
Page 118
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SCHEDULE SGE
SALE OF TREATED WASTEWATER EFFLUENT TO
MUNICIPAL 1 1111 7'Y CttSTOMERS
(Effective 10/1796)
APPLICATION
Applicable on sales of treated wastewater effluent to any municipal
utility.
Not available for resale in any event.
NET MTHLY RATE
(1) Facility Charge $110.00 / 30 days
(2) Volume Charge $1.20 / 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
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 and shall be prorated based on the following formula:
Actual days in reading period 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:
EfflUgnt_ volumg x Rate per 1,000 gallons
1000
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SCHEDULE SSC
WHOLESALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL
AGENCY DIVISION OR SUBDIVISION
(Effective 10/01/96)
APPLICATION
Applicable to any municipal corporation, or other governmental
agency or subdivision which operates a wastewater collection system
and contracts with the City of Denton for wastewater treatment
service.
NET MONTT{LY RATE
(1) Facility Charge $180.00 / 30 days
(2) Pretreatment/Program Charge
a. Categorical $375.00 / 30 days
b. Noncategorical $ 46.00 / 30 days
(3) Volume Charge $2.00 / 1,000 gallons of
effluent
Billing shall be based on one-hundred (100$) percent of actual
gallons measured.
SAMPLING/ANALYSIS CHARGE
Sampling Charge (each) $35.00
Analysis Charge (per test) $15.00
MINIMUM BILLING
Facility Charge
INDUSTRIAL SURCHARGE
In addition to the above charges for commercial and industrial
services, there will be added to the net monthly rate an industrial
surcharge based on the following formula:
Surcharge Unit Cost Factor $0.00233/mg/l of Biochemical
Oxygen Demand (BOD)
$0.00200/mg/l of Total
Suspended Solids (TSS)
Cu=Vu ((Bu-2503 B + (Su-250] S))
Where: Cu is the surcharge for customer X.
Vu is the billing volume per 1000 gallons for
customer x.
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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/1,
whichever is greater.
S is the unit cost factor for treating one unit of.
TSS per 1,000 gallons.
PAYMEN'P
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 and shall be prorated based on the following formula:
Actual days in reading period x customer charge
30 days
VQLUME 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 1, 1996.
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K"THWATER TAP pRES
(Effective 10/01/96)
APPLICATION
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.
TAKES
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 CLEANOUT
Size_ of Tap paved Street
Unpaved Streer~
6 inch $1,050.00 $440.00
8 inch 11150.00 475.00
10 inch 1,250.00 500.00
1,350.00 525.00
-WASTEWATER S_ ERV1,1P LINE REPAIR/REP
LA FMFnrm
Size-of Tao
Paved J$treet ern awed S_ tt
4 ir_ch $2,200.00
6 inch 2,400.00 $700.00
8 inch 2,600.00 800.00
900.00
FEES P OR INSTALLATI N NOT LISTED
For installation of a tap for which a fee is not specified, the
requestor shall pay in advance a deposit based upon the estimated
cost of such installation, or similar work, plus an administration
charge of 20W. Upon completion of the installation or similar work
requested, the customer shall be billed a,; actual cost, as deter-
mined by the Utility Department, plus a 2A administrative charge.
Any excess deposit shall be refunded to the customer.
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SPECI1r. aACILITT$~n«
(11 All service shall be offered from available facilities.
customer service characteristic If a
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 aliaject
schedule. to paragraph 2 of this
(2) The total cost of all facilities required to meet the cus-
tomer's special requirements which are incurred b
shall be subject to a special contract entered into t between
the Utility and the customer. This contract shall be signed
by both parties prior to the City providing service to the
customer.
SON II That if any section, subsection
tence, clause, phrase or word in this ordinance, por application
thereof to any person or circumstances is held invalid by any court
of co pette the risdiction, such holding shall not affect the
remaining portions of this ordinance, and the City
validity of Council of the City of Denton, Texas, hereby declares it mould have
enacted such remaining portions despite any such invalidity.
SBCTI:. That the Schedule of Rates herein adopted shall
be effective, charged and applied to all wastewater service
accruing on or after October 1, 1996, and a copy of said rates
shall Le maintained on file in the office of the City Secretary.
PASSED AND APPROVED this the
day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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CITY OF DENTON SOLID WASTE L "I~N~ a
CURRENT VERSUS PROPOSED RATT 06 b
F5 ite--S-ch-e-Uure~~
Rates Rates Increase
Residential - SWR
Facility Charge $ Rate Per 30 Days
State Surcharge 12'90 12 0.00%
Monthly Residential 0.10 0.10 0.0096
13.00 13.00 0.0040
Brush - Per CY Over 4 CY Picc o Pickup
Grass/Leaves Per Bag Over 4 CY (24 Bags) 0.50 40.5500 25.00%
Appliance Collection (Per Appliance) 10 0 00%
.00 10.00 0.00%
Commercial - SWC
Dt1MPSTER Container Service:
2 Yard Dumpster:
Number of Times Collected Per Week
1 Rate Per 30 Days
2 29.20 26.00 12.31% 3 58.35 42.35 37.78%
4 87.50 63.25 38.34%
5 116.70 81.80 42.67%
5 145.85 102.15 42.78%
175.05 122.60 42.78%
3 Yard Dumpster.
Number of Times Collected Per Week
12 35.35- RatePer306D0ays 11.87% 3 70.70 57.20 23.50%
4 106.05 84.40 2.65%
5 141.35 110.40 28.03%
6 176.70 138.00 28.04%
212.05 167.00 26.98%
4 Yard Dumpster:
Number of Time, Collected Per Week
1 Rate Per 30 pans
2 41.50 37.20 11.56%
3 83.05 72.05 15.27%
4 124.55 106.20 17.28%
5 166.05 138-95 19.60%
5 207.60 172.75 20.17%
249.10 210.00 18,62%
6 Yard Dumpster:
Number of Times Collected Per Week Rate Per 30 Da vg
1 53.85 52.60
6
2 107.70 98.45 9.40%
3 161.55 145,95 10.69%
4 215.40 193.40 11.38%
5 269.25 240.20
6 323.10 295.00 12.09%
9.53%
PACE 124 E X H 1 B 1 T I t/
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CITY OF DENTON SOLID WASTE UTILITY
CURRENT VERSUS PROPOSED RATES
fiats Scfie~ure -f9 1)9
tes °
Rates Ra Increase
8 Yard Dumpster:
Number of Times Collected Per Week
1 Hate Per 30 Days 2 66.20 65.85 0.
3 132.40 127.60 3.76%
4 198.60 190,85 4.06%
5 264.75 248.40 6,58%
5 330.95 315.00 5.06%
397.15 381.00 4.24%
TEMPORARY Dum ster Service:
ee o_f ontainer
3 ubicC Yarnpumpster Rental Rental
4 Cubic Yazd Dumpster s'~ 8.0 12.50%
6 Cubic Yard Dumpster 12.00 11.00 6.67%
8 Cubic Yard Dumpster 199 1.00 15.00 56%
.00 18.00 5. 5.5696
T e of Container
3 Cubic armpster Pr-cam Pickuo
4 Cubic Yard Dumpster 4535.00 x.00 16.60%
6 Cubic Yard Dumpster .00 40.00 12.50%
8 Cubic Yard Dumpster 70.1" 55.00 9.%
70.00 65.00 7.696996
REFILC L / EXTRA PICKUP Dumpter Service: Picku
2 ubic Yard Dumper P Pickuo
3 Cubic Yard Dumpster 14.00 12.00 16.67%
4 Cubic Yard Dumpster 27 00 18.0 1 27.00 .00%
6 Cubic Yard Dumpster 25.00 37 571%
6 Cubic Yazd Dumpster .00 35,00
47.00 45,00 4.4496
OPEN TOP Container-Service:
T~ e of on lner ' Rental
15 u c ar pen Top Rental
20 Cubic Yard Open Top 45.00 50.00 12.50%
30 Cubic Yard Open Top 6756.00 .00 50.00 12 67%
40 Cubic Yard Open Top 75.00 11.
84.00 75,00 12.00%
0096
T a of Container
u c ar pen Top Pickup Pickuo
20 Cubic Yard Open Top 116.40 100.00 16.44%
30 Cubic Yard Open Top 139.15 126,00 10.44%
40 Cubic Yard Open Top 184.65 172.00 7,3596
231.30 217.00 6.59°,6
COMPACTOR Container Service:
- ego _ onta ner
6 uC blc Yard ompactor Rental Rental
12 Cubic Yard Compactor 10656.0 95.00 12,0096
20 CUBIC Yard Open Top .000 95.00 11.58%
25 Cubic Yard Compactor 16688. 1.00 125.00 12.00%
30 Cubic Yard Compactor 00 150.00 12.00%
42 Cubic Yard Compactor 207.00 285.00 11,89%
269.00 240.00 12.08%
PACE 125
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'kCITY OF DENTON SOLID WASTE UTILITY
CURRENT VERSUS PROPOSED RATES
ate c e u e --__I w 7 1 U%
..Rates Rates Increase
COMPACTOR Container Service:
Ty a of Co
ntafne1` Picku
6 u c ar Z`-ompactor 20 P P 6.00
12 Cubic Yard Compactor 45.00 20.89%
24) Cubic Yard Open Top 107.25 95.00 12.89%
25 Cubic Yard Compactor 166.150 40.25 135.00 3 87%
30 Cubic Yard Compactor 15000 7.27%
42 Cubic Yard Compactor 181.50 172.00 5.52%
231.00 225.00 2.67%
State Surcharge (excludes rental fee) 3.5%
3.5%
Other Charces:
Brush Per CY Over 4 CY
.00%
Grass/Leaves Per Ba Over 4 CY (24 Bags) 0.5500 04.5500 025.00°6
Appliance Collection ZPer Appliance) 10.00 10.00
Special Waste Collection (CY) 16.75 0.00%
Inaccessible Containers 15.00 11.67%
Deposit - Open Top / Temporary Dumpsters Varies 6.00 0•~
Temporary Dumpster Delivery Fee
26 Varies 0.00%
Open Top/Compactor Delivery Fee '00 25.00 12.00%
Open Top/Compactor Relocation Fee 28.00 35'~ 0.00%
Open Top/Compactor Same Day 2B'~ 20.00 40.00%
Demand Service Fee
Lock (improved system) 15.00 15.00 0.00%
55.00 55.00 0.00%
Landfill Service - SWL
ncontam Hate an nbagged
Grass & Leaves delivered no charge no charge
Uncontaminated and Bagged
Grass & Leaves delivered 1.00 CY 1.00 CY
.4%
Contaminated Grass / Leaves / Brush 8.20 CY 7.00 CY
170.11496
Brush delivered In less than 6' lengths
Brush delivered In more than 6' lengths 1.00 CY no charge
3.00 CY 1.00 CY 200.00°,6
Landfill Service from Denton citizens
Landfill Service from Outside 8•~ CY 7.00 CY 17.14%
the City of Denton 16.75 CY 16.00 CY
Outside City Commercial Contracts 16.75 CY 16.00 CY 4.6~
Whole Trees & Stumps 16.75 CY no charge 4.69%
Special Waste (CY) 16.75 CY 15,00 CY 11.6P%
Unsecured Loads (Per Load) 1200
10.00 20.00%
Tire Cutting Charges:
Automobile Tires 3.30
Truck Tires 5.60 3.30 0.00%
5.60 0.00%
State Surcharge
3,50% 3.50%
PACE 126
1
CITY OF DENTON SOLID WASTE UTILITY
CURRENT VERSUS PROPOSED RATES
Rate Schedule j 7
Rates
Cardboard Recycling - SWY
DUMPSTER Cardboard Recycling_ Provided In 4, 6 & S CY Dumpsters
Dumpster Rental Pickup
' 4 CY 0.00 0.00
6 CY 0.00 0.00
6 CY 0.00 0.00
COMPACTOR Cardboard Recycling
Rental Pickup
:a0 Cubic Yard Compactor 0.00 0.00
42 Cubic Yard Compactor 0.00 0.00
Cardboard Revenues r are to be used to oftet cardboard recycling expenses.
remaining
After cardboard en recycling is In to be expenses with covered
the e customthe er on a n 50/50% bass
cardboard
I
PACE 127
3
f
97SOUD96'.0ND
ORDINANCE NO.
AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE SERVICE
CONTAINED IN ORDINANCE 45-181, AS AUTHORIZED BY CHAPTER 24 OF THE
CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AMENDING THE RATES
FOR RECYCLING SERVICE; ADDING A CHARGE FOR BRUSH BROUGHT DIRECTLY
TO THE LANDFILL; AMENDING THE CHARGES FOR USE OF THE LANDFILL;
PROVIDING FOR A SEV13RABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION i. That the charges for solid waste collection ser-
vices as authorized by Section 24-42(b) of Article II, 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 follows:
SOLID WASTE RATE SCMMULZS
PAM
SWR Residential Solid Waste Collection Service 2
SWC Cotmnercial and Institutional Solid Waste
Collection Service 3
SWL Sanitary Landfill Use 8
SNY Commercial and Institutional Recycling Service 12
race 128
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SCHEDULE SWR
RESIDENTIAL SOLID WASTE COLLECTION SERVICE
(Effective 10/01/96)
APPLICATION
Applicable to individual family unit solid waste collection
service. Individual family unit includes each side of a
duplex, each living unit per subdivided lot, and any unit or
living space in which a person or single family resides.
MONTHLY RATE
$12.90 per 30 days
SURCHARGE (State of Texas statutory charge for landfill use)
$0.10 per 30 days
The surcharge referenced above is hereby authorized to be
remitted to the State as required by law, and should the State
Legislature increase this fee, such increase is hereby autho-
rized to be charged and collected.
MINIMUM BILLING
$13.00 per 30 days
OTHER CHARGES
There will be no charge for the collection of bagged grass
clippings and leaves, or brush and tree limbs which are cut
and stacked in 4' lengths, if the combined grass/leaves/brush
total volume is not over four cubic yards per week. Any
combination of grass, leaves, and brush is appropriate.
One cubic yard of grass or leaves equals 6 bags.
Bagged grass and leaves over 4 cubic yards (24 bags) is
charged at 500 per additional bag.
Brush and tree limbs over 4 cubic yards is charged at $5.00
per additional cubic yard.
The charge for the collection of appliances is $10.00 per
appliance.
PAGE 129
i
SCREDULE SWC
COMMERCIAL/INSTITUTIONAL SOLID WASTE COLLECTION
(Effective 10/01/96)
APPLICATION
Applicable for all commercial or institutional solid waste
collection service.
MONTHLY RATE
A. DUMPSTERS (Regular Service)
1. 2 YARD DUMPSTER (Existing 2 Yd. customers only)
Number of Times Cubic Yards Cubic Yards Rate Per
Collected Per Week Per Week Per Month 3 Days
1 2 8 $ 29M
2 4 16 55
3 6 24 8D
4 8 32 M&IO
5 10 40 3Tffi
6 12 48 Izz
2. 3 YARD DUMPSTER
Number of Times Cubic Yard Cubic Yards Rate Per
Collected Per Week Per Week Per Month 30 Days
1 3 12 $ 36.35
2 6 24 IM
3 9 27 I)S.M
4 12 48 Xz
5 15 60 MZ
6 18 72 22Z
3. 4 YARD DUMPSTER
Number of Times Cubic Yards Cubic Yards Rate Per
Collected Per_ Week Per Week Per Month 03 Days
1 4 16 $ 41.50
2 8 32 86
3 12 48 12L%
4 16 64 3W
5 20 so 277.8)
6 24 96 2DJO
PAGE 130
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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 $ 53.85
2 12 48 107.70
3 18 72 161.55
4 24 96 215.40
5 30 120 269.25
6 36 144 323.10
5. 8 YARD DUMPSTER
Number of Times Cubic Yards Cubic Yards Rate Per
Collected Per Week Per Week Par Month 3 Da
1 8 32 $ 66.20
2 16 64 132.40
3 24 96 198.60
4 32 128 264.75
5 40 160 330.95
6 48 196 397.15
The 2 yard dumpster service is only available to
existing 2 yard dumpster customers as of September 30,
1996. New 2 yard dumpster service will not be offered
to any customer. Existing customers receiving 2 yard
dumpster service that discontinue 2 yard service may
not reinstate 2 yard dumpster service.
B. DUMPSTER SERVICE (Temporary)
Type of Rent
Container Per 30 Days Service Charge
3 cubic yard dumpster $ 9.00 $35.00
per pickup
4 cubic yard dumpster 12.00 45.00 per pickup
6 cubic yard dumpster 16.00 60.00 per pickup
8 cubic yard dumpster 19.00 70.00 per pickup
PAGE 131
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C. DUMPSTER SERVICE (Refill and Extra Pickup)
Type of
Container Service Charge
2 cubic yard dumpster $14.00 per pickup
3 cubic yard dumpster 20.00 per pickup
4 cubic yard dumpster 27.00 per pickup
6 cubic yard dumpster 37.00 per pickup
8 cubic yard dumpster 47.00 per pickup
D. OPEN TOP CONTAINERS
Type of Rent
Container Per 30 Days Service-Charge
15 cubic yard open top $45.00 $116.40 per pickup
20 cubic yard open top 56.00 139.15 per pickup
30 cubic yard open top 67.00 184.65 per pickup
40 cubic yard open top 84.00 231.30 per pickup
E. COMPACTORS
Type of
Rent
Container Per 30 Days Service Charge,
6 cubic yard compactor $ 56.00 $ 54.20 per pickup
12 cubic yard compactor 106.00 107.25 per pickup
20 cubic yard compactor 140.00 140.25 per pickt:p
25 cubic yard compactor 168.00 160.90 per pickup
30 cubic yard compactor 207.00 181.50 per pickup
42 cubic yard compactor 269.00 231,00 per pickup
BASE MINIMUM COMMERCIAL !'HARGE
A minimum commercial customer charge of $15.00 / month will be
charged to all commercial customers.
SHARED COMMERCIAL CONTAINERS
Shared commercial containers will be limited on a cubic yardage
basis to a minimum of 1 cubic yard per customer. The maximum
number of customers with shared accounts per dumpster size is
as stated.
2 CY Dumpster - A maximum of 2 customers for a shared account.
3 CY Dumpster - A maximum of 3 customers for a shared account,
4 CY Dumpster - A maximum of 4 customers for a shared account.
6 CY Dumpster - A maximum of 6 customers for a shared account.
8 CY Dumspter - A maximum of 8 customers for a shared account.
PAGE 132
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SPECIAL WASTE
Disposal of "Special Waste" as $16.75
defined by the State of Texas
Municipal Solid Waste Management
Regulations. Acceptance of special
waste is subject to Federal and
State laws and regulations, and the
City has the right to refuse to
accept waste.
SURCHARGE (SWC)
An additional 3.5t charge will be assessed for each 30 day
period (excluding rental charge) to compensate for the State of
Texas surcharge for solid waste received at landfills. The City
staff is hereby authorized to remit such charge to the State, and
should the State Legislature increase this fee, such increase is
hereby authorized to be charged and collected.
OTHER CHARGES
A delivery fee of $35.00 per container will be charged to all
customers for open top containers and compactors. A delivery
fee of $28.00 per container will be charged to all customers
for temporary dumpster service.
A relocation fee of $28.00 will be charged for each open top or
compactor container that is relocated at the customers site.
A $15.00 fee will be charged for each request for same day
pickup service for open top and compactor customers who receive
pickup service upon demand.
A pickup charge of $6.00 for commercial containers that
are inaccessible, at the time of scheduled service.
A $55.00 fee will be charged for container locks provided by
the City of Denton.
A charge of $380.00 / 30 days will be charged for precrusher
rental.
A deposit on Open Tops and Temporary Dumpsters will be charged
based on 1/6 of the estimated annual billing amount or service
contract.
A minimum of once per week pickup service is required for
putresible (food) waste containers.
PAGE 133
F
OTHER CHARGES
A charge of $16.75 / cubic yard will be charges for whole trees
and stumps delivered to the landfill.
The charge for the collection of appliances is $10.00 per item.
I
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PAGE 134
SCHEDULE SWL
SANITARY LANDFILL USE
(Effective 10/01/96)
APPLICATION
Applicable to individuals and commercial entities that use the
City's sanitary landfill site, with solid waste originating
inside the city limits of Denton, Texas.
RATES AND CHARGES:
A. INDIVIDUAL USERS
Charge Per
Type of Vehicle XWde R I~
1. Automobiles and station wagons, $ 8.20
pickup trucks less than one-half ton.
2. Motor vehicles with a carrying $ 28,70
load capacity of 2 cubic yards
but less than 5 cubic yards such
as one-half ton pickups.
3. Pickup trucks with side boards $ 82.00
and all other vehicles with a
carrying capacity in excess of
5 cubic yards but less than 10
cubic yards.
I
4. Vehicles with carrying capacity $123.00
in excess of 10 cubic yards but
less than 15 cubic yards.
5. Vehicles with carrying capacity $164.00
in excess of 15 cubic yards but
less than 20 cubic yards.
6. Vehicles with carrying capacity $246.00
in excess of 20 cubic yards but
less than 30 cubic yards
7. Vehicles with carrying capacity $328.00
in excess of 30 cubic yards but
less than 40 cubic yards.
8. Vehicles with carrying capacity $410.00
of 40 cubic yards or more.
PAGE 135
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d
APPLICATION
Applicable to individuals and commercial entities who are not
residents of the City of Denton or any customer with solid
waste that does not originate from inside the city limits of
Denton, Texas.
RATES AND CHARGES:
B. INDIVIDUAL USERS
Charge Per
Type of Vehicle Vehicles P; x L,
1. Automobiles and station wagons, $ 7G.7Z
pickup trucks less than one-half ton.
2. Motor vehicles with a carrying $ 58.CO
load capacity of 2 cubic yards
but less than 5 cubic yards such
as one-half ton pickups.
3. Pickup trucks with side boardo $167.00
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 $251.25
in excess of 10 cubic yards but
less than 15 cubic yards.
5. Vehicles with carrying capacity $335.00
in excess of 15 cubic yards but
less than 20 cubic yards.
6. Vehicles with carrying capacity $502.50
in excess of 20 cubic yards but
less than 30 cubic yards
7. Vehicles with carrying capacity $670.00
in excess of 30 cubic yards but
less than 40 cubic yards.
8. Vehicles with carrying capacity $837.50
of 40 cubic yards or more.
PAGE 136
.
f'
APPLICATION
Applicable to customers who submit for deposit leaves, grass
clippings, brush, trees, and stumps shall pay the following
rates:
RATES AND CHARGES:
C. INDIVIDUAL USERS
Charge Per
Type of Vehicle Vehicle Per Load
1. Unbagged and uncontaminated No Charge
leaves and grass.
2. Bagged and uncontaminated $ 1.00 CY
leaves and grass.
3. Any type or size vehicle $ 1.00 CY
with uncontaminated loads of
brush in less than 6' lengths.
4. Any type or size vehicle $ 3.00 CY
with uncontaminated loads of
brush in greater than 6' lengths.
5. Any type or size vehicle $ 8.20 CY
with contaminated bagged
or unbagged leaves, grass,
or brush of any length.
6. Whole trees and Stumps. $16.75 CY
D. PRIVATE COMMERCIAL USERS
The City Manager may enter into contracts with private commer-
cial collection service companies operating outside the city
limits for regular use of the sanitary landfill site at the
following rates:
Residential and commercial $ 16.75/cubic yard or
garbage $ 83.75/ton
Rubbish (trash) $ 16.75/cubic yard or
$ 83.75/ton
Noncompactable residential and $ 16.75/cubic yard or
commercial garbage $ 83.75/ton
PAGE 137
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til
D. PRIVATE COMMERCIAL USERS continued
All such contracts may contain conlitions of operation, dis-
posal
determine necessary for t the efficient operation of the designee landfill
site and the method of billing and collection for such use.
I
E. TIRE CHARGES
-Ch
arae Per Tir
1. Automobile tires not shredded,
quartered or halved. $ 3.30
2• Truck tires not shredded, $ 5.60
quartered or halved.
F. SPECIAL WASTE Rate Per Cubic Yard
Disposal of "Special Waste" as $16.75
defined by the State of Texas
Municipal Solid Waste Management
Regulations. Acceptance of special
waste is subject to Federal and
State laws and regulations, and the
City has the right to refuse to
accept waste.
G. UNSECURED LOADS RA_ P r
Applies to solid waste load that $12.00
are not secured with a tarpaulin
or other equipment that prevents
material from spilling along and
within the right-of-way of public
access roads serving landfill site.
SURCHARGE (SWL)
An additional 3.5$ charge will be assessed to compensate for
the State of Texas surcharge for all solid waste received at
landfills. The City staff is hereby authorized to remit such
charge to the State, and should the State Legislature increase this
fee, such increase is hereby authorized to be charged and
collected.
PAGE 138
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F
~ti
SCBRDUT.$ SNY
C MMER IAL/INSTITUTION ~ BOARD RECYCLING
(Effective 10/O1/g6)
APPLICATION
Applicable to commercial ar institutional customers
receive separate recycling service in dedi
that
containers. cated recycling
ONTHLY RATE
A. DUMPSTER RECYCLING SERVICE (4/6/8 YARD DUMPSTERS)
Dumpster Rent
Ai rMo Srvice
4 CY $0.00 $0.00
6 CY $0.00 $0.00
8 CY $0.00 $0.00
B. COMPACTOR RECYCLING SERVICE
Type of
n Rent
in r Per 30 Days
Se~zCharu~
30 Cy
42 Cy $0.00 43.00
$0.00 $0.00
After covering costa, cardboard revenues are to be shared with
the customer on a 50/50$ basis.
Pickups will only be made when the containers are full
require servicing. Cardboard bo.ces are to be broken
placed in the containers to lay and
cling services may ! as flat as down and
Executive Director be discontinued at the discretio ehe
of utilities, or his designee, n of t
PAGE 139
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s
LIMITATIOxs
Landfill permits issued by the city of Denton prior to the
effective date of this ordinance may be redeemed for their
face 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,
S$CTIQN II. That the Superintendent of the Solid Waste
Department of the City of Denton is authorized to deny the use of
the landfill to customers for providing false information regarding
the residency of the individual or origination of the solid waste.
SECTION Iii That if any section, subsection, paragraph,
sentence, clause, phrase, or word in this ordinance, or application
thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION IV That this ordinance shall become effective for
solid waste service rendered on or after October 1, 1996; and a
copy of said rates shall be maintained on file in the Office of the
City Secretary.
PASSED AND APPROVED this the day of
1996.
I
JACK MILLER, MAYOR
ATTEST :
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
PACE 140
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F
DUMPSTER PERCENTAGE INCREASES
AND VARIOUS OPTION PERCENTAGE INCREASES
F.Y. 1996 Current Rates F.Y. 1997 Proposed Rates 0 don 2 Option 3 Option 4
Oumpstr Pkkups Cunant Dumpotr Pkkups Proposed Percent Dumpster Pickups Percent Dumpstr Pickups Proem Dumpstr Pickups
Percent
Size Week Rate Size Week Rde Incfene Size Week Inaeae Size Week Increase size Week Incawe
2 CY 1 _ 26.91 2 CY 1 30.22 1231% na_
2 CY 2 4364 2 CY 2 60.Se 37.77% 4 CY 1 -2.01% 3 CY 1 -10.63%
2 CY_ 3 05,46 2 CY 3 90.56 38.35% 3 CY _ _2 _ 11.7896 4 CY 1 -34.38%
2 CY 4 94.Oe 2 CY 4 120.78 42,67% 4 CY 2 1,53% a Cy 1 -10.07%
_ 2 CY 105.73 2 CY 5 150.00 42.76% 3 CY 3 3.62% 4 CY 2 -16.70%
2 CY 0 12469 2 CY a 19116 42.70% 3 CY 4 15.29% 4 CY 3 _119% 0 CY 2 -12.15%
3 CY 1 32,71 3 CY 1 30.50 11.07% na
_3 CY 2 09.20 3 CY 2 73.17 2300% 4 CY 1 -27.46% 0 CY 1 -5,66%
3 CY 3 07.35 3 CY 3 109.76 25.05% 4 CY 2_ -1.00%
3 CY 4 114.20 3 CY 4 146,30 20.07% 4 CY 3 _ 1212% 0 CY 2 -235% _
3 CY 5 142,43 3 CY _ 5 Islas 26,04% no 6 CY 2 -2190%
3 CY _6_ 17285 3 CY 6 _ 210.47 26.90% 4 CY 4 -0.57% 0 CY 3 -20% a CY 2 -20.72%
4 CY 1 36.50 4 CY 1 42,96 11.6e% _3 CY 1 `-4.97%
4 CY 2 7457 4 CY 2 85.98 15,27% 0 CY 1 -25.20% a CY 1 -312%
4 CY 3 _ 10912 4 CY 3 128.91 17,28% 6 CY 2 141% _
4 CY 4 14301 4 CY 4 17110 1050% no 6 CY 2 -4.71%
_ 4 CY 5 17650 4 CY 5 21417 20.17% a CY 3 -0.49% s CY _ 2 -23.30%
_ 4 CY 0 217.35 1 CY a 257.82 16.62% 0 CY 4 2.07% 4 CY 3 -0,43%
6 CY 1 54.44 0 CY 1 55.73 2.36% no
6 CY 2 10100 6 CY 2 111.47 940% s CY 1 -3270%
__6_CY 3 161,00 6 CY 3 107.20 10.09% a CY 2 -9.20%
_ 0 CY 4 200.17 6 CY 4 222.94 11.38% 8 CY 3 2.00%
6 CY 5 243.01 0 CY 5 278.07 12,00% 8 CY 3 -17.32%
a CY a 305.37 a CY 6 33441 0,63% s CY 4 -10.20%
a CY 1 0815 9 CY 1 66.52 0.03% na
a CY 2 132.07 a CY 2 137.03 3.78% no
0 CY 3 107.53 8 CY 3 20555 4,06% na
0 CY 4 257,09 6 CY 4 274.02 069% no
8 CY 5 32103, a CY 6 34253 5.00% no -
a CY 0 394.34 a CY a 411.05 4.24% no
PAGE 141
E ~C H I B I T V
a
Agenda No,
Agenda Item f02
Date Q - 9l„
September 17, 1996 'Y
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TED BENAVIDES, CITY MANAGER
SUBJECT: APPROVAL OF AN ORDINANCE FOR A CONTRACT WITH
RESOURCE MANAGEMENT INTERNATIONAL, INC. FOR POWER
COST ANALYSIS
RECOMMENDATION:
The Board Recommends City Council approval of the proposed resolution and contract.
SUMAiARY/BACKGRO
UND:
Resource Management International, Inc. (RMI) is assisting the City of Denton, as well as
TMPA, in developing a power cost analysis. The City of Denton's estimated share for the
analysis is $25,000.
As part of the PUC Stranded Cost filing, Rick Covington of RMI has been assisting the City
of Denton in evaluating its power costs. Mr. Covington is concerned that the data submitted
by TMPA is incomplete, causing skewed results. Given the importance of accurately
determining cost, it is imperative that RMI receives all the necessary data and completes the
analysis. This will necessitate extensive research, including more than one visit by Mr.
Covington to Gibbons Creek to discuss the information with staff. Mr. Covington should be
able to develop a much more accurate estimate of the City's stranded cost. Once the
stranded cost is established, a power cost analysis can be completed.
GROUPS AFFECTED/ FISCAL IMPACT:
City of Denton Electric Utility for $25,000.
RESPECTFULLY SUBMITTED:
Ted Benavides
City Manager
Pr d By: 00
R.E. Nelson, Executive Director of Utilities
{
E:IM PDOCS%ORDRHI.2sR
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH RESOURCE MANAGEMENT INTERNATIONAL ("RMI") ;
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 hereby authorized to
execute a professional services agreement with Resource Management
International ("RMI"), a copy of which is attached hereto and
incorporated herein.
TAI That the expenditure of funds as provided in the
attached agreement is hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
/~M
BY: /2 v '
F
i
STATE OF TEXAS §
§
COUNTY OF DENTON §
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into this day of 1496, by and between
Resource Management International, Inc. ("RMI" a- California corporation, a nd City of Denton,
Texas ("City"), a Texas municipal corporation with its principle office at 215 East McKinney Street,
Denton, Texas, 76201, for professional and related services to be provided to City, both parties acting
by and through their duly authorized representatives.
I
SCOPE OF SERVICES
RMI shall provide to City the services set forth in individual Task Order made an attachment
to this Agreement.
II
FEES FOR SERVICES
For services provided by RMI to City pursuant to this Agreement, City shall pay RMI in
accordance with the rates and charges set forth in Exhibit A, "Fees for Services", attached hereto and
made a part of this Agreement for all purposes, provided however such charges and rates shall not
exceed $25,000, unless the City agrees by an amendment to this Agreement to increase the maximum
fee for services.
III
BILLING AND PAYMENT
RMI shall submit a monthly statement to City setting forth the amount due for services and
itemizing amounts due for expenses. City shall pay the full amount of such statement within thirty
(30) days after receipt. Any sums billed, not disputed in written form setting forth specific exceptions
and unpaid after thirty (30) days from the date of receipt, shall be subject to a late payment charge
equal to the lesser of one and one-half (1-1/2) percent or the maximum rate permitted by law, for
each month or fraction thereof past due. Nothing contained in this article shall require the City to
pay for any work which is unsatisfactory as reasonably determined by the Executive Director of
Utilities for the City or which is not submitted in compliance with the terms of this contract. Nor
shall any late charge apply to any such unsatisfactory or disputed work. The Cary shall not be
required to make any payments to RMI when RMI is in default under this Agreement.
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IV
INDEPENDENT CONTRACTOR
RMlshall provide services to City as an independent contractor, not as an employee of City.
RMI shall not have or claim any right arising from employee status. RMI agrees to perform the
services hereunder in connection with the project as stated in the sections to follow with diligence
and in accordance with the highest professional standards obtained for such services in the State of
Texas.
V
TERM AND TERMINATION OF AGREEMENT
(a) Unless otherwise terminated as provided herein, this Agreement shall become effective
upon execution by the parties and shall terminate when (i) the services provided for herein have been
fully and completely performed or (ii) December 31, 1998, whichever occurs first. This Agreement
may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this
Agreement. RMI will make all reasonable efforts to complete the services set forth herein as
expeditiously as possible to meet the schedule esta;lished by the City.
(b) Notwithstanding any other provision of this Agreement, either party may terminate this
Agreement by giving thirty (30) days advance written notice to the other party.
(c) This Agreement may be terminated in whole or in part in the event of either party
substantially failing to fulfill its obligations under the Agreement, No such termination will be
affected, unless the breaching party is given (I) written notice, delivered by certified mail, return
receipt requested, of intent to terminate, and not less than "(30)calendar days to cure the failure,
and (2) an opportunity for consultation with the terminating party prior to termination.
(d) U the Agreement is terminated prior to completion of the services to be provided
hereunder, RMI shall immediately cease all services and shall render a final bill for services to City
withun thvty (30) days after the date of termination, and City shall pay RMI for all services properly I
rendered and reimbursable expenses to termination incurred prior to the date of termination in
accordance with Section III. Should the City subsequently contract with a new consultant for
continuation of services on the project RMI shall cooperate in providing information. All documents
prepared or furnished by RMI pursuant to this Agreement shall become the property of owner, but
RMI may maintain copies of such documents for its use.
VI
INSURANCE
(a) RMI shall maintain in effect at its own expense, employer's liability insurance, one million {
dollars ($1,000,000) aggregate of comprehensive general liability insurance property damage), five hundred thousand dollars $500~ ty (bodily injury and
liabili ( ) aggregate of comprehensive automobile
ty insurance (bodily injury and property damage) with respect to employees and vehicles
assigned to the prosecution of work under this Agreement, and one million dollars ($1,(00,000)
aggregate of professional liability insurance. RMI shall also maintain statutory worker's
compensation insurance.
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(b) RNLI shall obtain and thereafter maintain in effect, if available, such additional insurance
as may be requested in writing by City, the cost of which will be reimbursed by City.
(c) RNU shall fumish insurance certificates to evidence such coverages to City. The City shall
be named as an additional insured on such policies. The certificates shall contain a provision that
such insurance shall not be canceled or modified without thirty (30) days prior written notice to City.
VII
LIABILITY
(a) RMI shall indemnify and hold harmless City, its directors, officers, partners, agents, and
employees from and against any and all liability, claims, demands, damages, losses, and expenses,
including but not limited to attorney's fees, for which RMI is determined to be legally liable resulting
from negligent acts, errors, or omissions by RMI, its directors, officers, agents, and employees in
performance of services required by this Agreement. Liability, claims, demands, damages, losses,
or expenses resulting from the negligent acts, errors or omissions, whether active or passive, by City,
its directors, officers, partners, agents, employees, are excluded from RMI's obligations pursuant to
this paragraph.
(b) RMI's obligations to indemnify and hold City harmless shall be expressly limited to the
proceeds of its applicable insurance coverage.
(c) In the event that City changes in any way or uses in another project or for other purposes
any of the information or materials developed by RMI pursuant to this Agreement, RMI is released
from any and all liability relating to their use in that project and to the extent allowed by law, City
shall indemnify and hold harmless RMI, its directors, officers, agents, and employees froin and
against any and all liability, claims, demands, damages, losses, and expenses, including but not
limited to attomey's fees, arising out of such changes or use.
(d) Nothing in Us Agreement shall be construed to create a duty to, any standard of care
with reference to, or any liability to any person not a party to this Agreement.
VIII
SUCCESSORS IN INTEREST
This Agreement shall be binding on, and inure to the benefit of, each party's successors in
interest, including their heirs, legatees, assignees, and legal representatives.
IX
WAIVER
Any waiver at any time by either party of its rights with respect to a default under this
Agreement, or with respect to any other matters arising in connection with this Agreement, shall not
be deemed a waiver with respect to any subsequent default or other matter.
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SEVERAL OBLIGATIONS
Except where specifically stated in this Agreement to be otherwise, the duties, obligations,
and liabilities of the parties are intended to be several and not joint or collective. Nothing contained
in this Agreement shall be construed to create an association, trust, partnership, or joint venture or
impose a trust or partnership duty, obligation, or liability on or with regard to either party. Each
party shall be individually and severally liable for its own obligations under this Agreement.
XI
AMENDMENT
All changes or modifications to this Agreement shallbe in writing and signed by both parties.
X111
GOVERNING LAW
This Agreement shall be construed and interpreted according to, and the rights of the parties
shall be governed by, the laws of the State of Texas, Venue of any suitor cause of action under this
Agreement shall lie exclusively in Denton County, Texas.
XIII
ATTORNEY'S FEES
If either party becomes involved in litigation arising out of this Agreement or the
performance thereof, the prevailing party shall be entitled to reasonable attorney's fees, costs and
expenses, in addition to any other relief to which that party maybe entitled. This provision shall be
construed as applicable to the entire Agreement.
X1 V
ENTIRE AGREEMENT
This Agreement constitutes the complete and final expression of the agreement of the parties
and is intended as a complete and exclusive statement of the terms of their agreements and
supersedes all prior and contemporaneous offers, promises, representations, negotiations,
discussions, communications, and agreements which may have been made in connection with the
subject matter hereof.
XV
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction
to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement
and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall
reform this Agreement to replace such stricken provision with a valid and enforceable provision
which comes as close as possible to expressing the intention of the stricken provision.
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XVI
NOTICES
(a) Any notice, demand, information, invoice, report, or item otherwise required, authorized,
or provided for in this Agreement, unless otherwise specified herein, shall be deemed properly given
if delivered in person or sent by United States Mail, First Class postage prepaid:
To RMI: Resource Management International, Inc.
P.O. Box 15516
Sacramento, Ca 95852-1516
Copy to: Resource Management International, Inc.
8310 Capital of Texas Highway N, Suite 385
Austin, TX 78731-1026
TO City. Executive Director, Department of Utilities
City of Denton, Texas
215 E. McKinney Street
Denton, TX 76201
(b) All notices shall be deemed effective upon receipt by the party to whom such notice is
given.
XVII
RESPONSIBILITY FOR WORK
Approval by the City shall not constitute nor be deemed a release of RMI, its employees,
associates, agents, and consultants for the accuracy and competency of their designs or other work
Nor shall approval be deemed to be an assumption of such responsibility by the City for any defect
in the work prepared by RMI, its employees, subcontractors, agents, and consultants.
XVIII
CAPTIONS
The captions of this Agreement are for informational purposes only and shall not in any way
affect the substantive terms or conditions of this Agreement.
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XIX
SIGNATURE CLAUSE
The signatories hereto represent that they are authorized to enter into this Agreement on
behalf of the party for whom they sign.
City of Denton, Texas Resource Management International, Inc,
Its I
Approved as to Form:
By. ~
t L. Prouty
City Attorney
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EXHIBIT A
FEES FOR SERVICES
1996
Professional and support services, except for testimony, shall be billed at the following rates:
Managing Executive Consultant $160 per hour
Principal Executive Consultant $144 per hour
Executive Consultant $137 per hour
Principal Consultant $126 per hour
Supervising Consultant $112 per hour
Senior Consultant $102 per hour
Associate Professional $ 88 per hour
Analyst $ 78 per hour
Research Assistant $ 59 per hour
Technician $ 51 per hour
Office Services $ 47 per hour
The above rates shall be adjusted each year, commencing January 1, 1997, to reflect the change in
rates officially established by the RMI Board of Directors.
Testimony shall be billed at not less than eight (8) hours per day.
Reproduction, printing, communications, computer services, and ether miscellaneous support
services shall be billed at rates for such services as determined from time to time and officially
established by the RMI Board of Directors plus ten (10) percent.
All travel, food, lodging, and miscellaneous expenses, except automobile mileage, associated with
the provision of services hereunder shall be billed at cost. Automobile mileage shall be billed at $0.30
per mile.
Client shall reimburse RMI for any applicable sales tax imposed on services rendered by RMI to
Client.
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ATTACHMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
RESOURCE MANAGEMENT INTERNATIONAL, INC. AND
THE CITY OF DENTON
TASK ORDER NO. 96A
TMPA COST ISSUE REVIEW
Services provided under this Task Order will address two issues. The first is a review of power costs
from TMPA. The second is a topical report or "White Paper" for the City to use in supporting its
position regarding stranded costs recovery at the legislature.
In Task A, Power Cost Review, RMI will review the projected power costs from TMPA's Gibbons
Creek plant. The Fu.-,,( se of the review is to provide the City of Denton (City) with an independent
assessment of power costs projects by TMPA. Key areas will include review of the new fuel and
transportation contracts and the flow through of expenses which have been deferred related to
lignite mine termination costs and other factors. The work will include the following primary areas
of evaluation which are described below as Tasks A-1 through A-5.
Summary of Taskc
A-1 Review latest TMPA Power Sales Agreement, TMPA forecasts and most recent
projections of power costs and assumptions used in making those projections
A-2 Review fuel and transportation contracts
A-3 Review accounting policies as they will affect rates, in particular the deferral of
expenses as Other Assets and the timing of flow through of such expenses into rates
A-4 Review TMPA projections of overhead costs and projected capital expenditures
A-5 Prepare letter report documenting assumptions used in TMPA's projection of costs
and identifying areas where the electric restructuring process in Texas may suggest
the need for modifications to TMPA's projections
In Task B, RMI will prepare a White Paper for the City to use in its lobbying efforts. The White Paper
will present the history of TMPA and describe how legislative and reg datory mandates affected the
decision to build a lignite plant at Gibbons Creek. The history will be linked to the stranded costs
that the City could become exposed to as a result of restructuring in Texas. Finally, a proposal for
spreading some stranded costs to all ratepayers in Texas will be presented.
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SCOPE OF SERVICES
TASK A POWER COST REVIEW
Subtask A-l Review of TMPA Forecast
1. A meeting will be held with TMPA staff to initiate the Power Cost Analysis study.
2. RMI will review TMPA's current power cost forecast and power price projections, The
assumptions used in the forecast and projections will be documented.
3. RMI will obtain and review data used by TMPA in the POWERSYM model.
4. A meeting with TWA staff will be held to review the forecasts and price projections, to ask
questions and receive input from TMPA staff.
5. A summary will be written that describes the TMPA forecast process, the models used, and
documents the assumptions used.
Subtask A-2 Review of Fuel Contracts and Transportation Contracts
I . The coal and rail transportation contracts will be reviewed and summarized.
2. The delivered coal price projections used by TMPA in its most recent forecast of power costs
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will be reviewed.
3. A summary will be written that describes the contracts and delivered fuel cost projections.
Subtask A-3 Review Rate Effect of Accounting Policies
1. RMI will review with TMPA staff and TMPA accountants the accounting policies associated
with Other Assets as shown on the TMPA balance sheet. These policies will be documented.
2. The process by which deferred expenses in Other Assets will be flowed through power rates
to the TMPA cities will be investigated and documented.
3. A summary will be written that de-scrfbes accounting policies used and how they affect rates.
Task A-4 Review of Overhead Costs and Capital Expenditure Forecasts
1. The capital construction forecast 'and the timing and sources of funding for those
expenditures will be reviewed. The allocation of costs to generation versus transmission will
be reviewed.
2. Overhead cost projections will be reviewed, along with the allocation of those costs to
generation versus transmission cost of service.
3. A summary will be written that summarizes the projected overhead costs and the allocation
of those costs between generation and transmission. This section will also address capital
expenditures and projected funding requirements.
Subtask A-S Letter Report
1. A final letter report containing the summaries will be issued which provides a documented
review of TMPA projected power costs and the assumptions used in arriving at the projected
costs as evaluated in Tasks A-1 through A4 above.
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TASK B WHITE PAPER
Subtask B-1 Research
1. Research history of TNlpA's actions and industry conditions leading to decision to build
Gibbons Creek.
2. Review TMPA enabling act and legislative discussion.
3. Review Federal Fuel Use Act and its effect on building generation plants in Texas at the time
Gibbons Creek was being built.
4. Identify mandates by Texas Railroad Commission which may have contributed to decisions
made at that time.
5. Discuss history with individuals involved in decision.
6• Review stud, recommending construction of Gibbons Creek.
Subtask B-2
1. Prepare a White Paper which examines the issues that led to the City's decision to participate
in TWA. The White Paper will present the circunutarxes surrounding the decision to build
Gibbons Creek and also set forth the City's position with respect to stranded cost recovery.
2. The sources of potentially high stranded costs attributed to Gibbons Creek will be identified.
Estimates of stranded costs will be provided based on the ECOM filing.
3. The financial impact on the City of restructuring will be discussed.
4. The operation of public power utilities will be compared to investor-owned utilities; included
in issues considered will be the return of profits to the community and local control.
6 A plan to distribute stranded costs on a state-wide basis will be explored, quantified, and
presented.
7. Support for a state-wide recovery approach will be presented based on IVslative and
regulatory mandates identified within the White Paper research.
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Charges for these services are estimated to be $25,000 for time and expenses. The actual costs may
vary depending on the extent of cooperation from TMPA staff. This budget as established maybe
evaluated at anytime by RMI or the City. RMI will bill monthly and will not exceed the $25,000
budget without approval from the City. It is understood that this budget assumes that the City of
Garland will participate in a like amount. Should Garland not participate or participate in an amount
different from the $25,000, this budget will need to be adjusted. In such event, the City must approve
any changes before RMI will initiate work.
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This Task Order is authorized and made an attachment to the above identified Professional Services
Agreement through the signatures below.
Authorized by Accepted by
City of Denton, Texas Resource Management International, Inc.
BY; BY c
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Dated; Dated,, -Q-%q
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AQenda N0.- 9D -0.3
Apenda Item Q
Spate ep -
em ,
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TED BENAVIDES, CITY MANAGER
SUBJECT: APPROVAL OF THE CONTRACT BETWEEN THE CITY OF DENTON
AND THE LAW OFFICES OF JIM BOYLE FOR REPRESENTATION IN
AUSTIN ON LEGISLATIVE MATTERS
RECOMMENDATION:
The Public Utility Board recommends City Council approval of the proposed contract.
SUMMARY;
The Law Offices of Jim Boyle offered to represent the City of Denton at the upcoming
session of the Texas Legislature. Mr. Boyle's costs are estimated at $37,000. (Greenville
Electric may contribute half, reducing Denton's share to $18.500.)
BALK RO tND•
In the last legislative session, !egislation was passed allowing wholesale wheeling for electric
utilities in Texas. Wholesale wheeling permits any generator to "wheel" power over the grid
- including transmission and distribution owned by the City of Denton - to wholesale
customers anywhere in the state. The price of using transmission facilities owned by
someone other than the generator is referred to as a "postage stamp" rate. In other words, if
someone utilizes the City of Denton's transmission system to wheel power to a wholesale
crstomer, the City of Denton can only charge a fixed rate, set by the PUC, for the use of the
system.
During the upcoming session, the passage of retail wheeling legislation has been proposed.
Unlike the wholesale market, legislation regulating the retail market could negatively affect
residential and commercial customers in the City. In a retail wheeling electric market, small
business and residential customers face potentially higher rates to make up the losses of
revenue suffered if large industrial customers leave the City for cheaper power.
The utility staff and PUB believes it needs a representative in Austin to communicate our
position to state legislators and other governing bodies in this volatile restructuring
environment. We believe that the establishment of our position during this legislative session
is crucial to the future of the utility and the protection of our customers. The fees charged
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by a legislative representative are minimal when compared to the financial consequences to
small business and residential customers of retail wheeling.
After several Public Utility Board members and staff interviewed different legislative
representatives, staff and the Public Utilities Board believes that Jim Boyle offers the best
experience - both in the electric industry and at the Texas Legislature and could best
represent the City in Austin.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED
City of Denton Electric Utility.
FISCAL IMPACT:
Up to $37,000.
Respectfully submitted,
Ted Benavides
City Manager
Prepared by:
R. E. Nelson
Executive Director of Utilities
Attachments:
Ordinance
Contract
Jim Boyle's Resumd
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E'%WFD0CS\0JLD\FOYLE.CRD
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMPLOYMENT
CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF
JIM BOYLE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF D£NTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute an Employment Contract for Professional Legal Services with
the Law Offices of Jim Boyle regarding various legislative matters,
a copy of which is attached hereto and incorporated herein.
SECTION II. That the expenditure of funds as provided in the
attached agreement is hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: &9Lt1-1416kf
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EMPLOYMENT CONTRACT FOR
PROFESSIONAL LEGAL SERVICES
STATE OF TEXAS §
COUNTY OF DENTON §
1996, by and
This Agreement, made and entered into this day of
between the Law Office of Jim Boyle, with Jim Boyle having full authority to execute this
Agreement, 1005 Congress, Suite 550, Austin, Texas 78701, hereinafter referred to as "Consultant",
and the City of Denton, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201,
hereinafter referred to as "City",
YM NE iR
WHEREAS, the City needs to employ legal counsel to represent the City of Denton in certain
legislative matters relating to the City of Denton Municipal Utilities; and
WHEREAS, the Consultant is willing to perform such services in a professional manner as
an independent contractor; and
WHEREAS, the City desires to engage the Consultant to render the services in connection
therewith, and the Consultant is willing to provide such services:
NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the
parties hereto do mutually agree as follows:
L SSOe° ~s c ces: The Consultant shall perform the following services in a professional manner
working as an independent contractor not under the direct supervision and control of the City:
A. Services to be provided:
Consultant provide all those services set forth in his letter proposal of
1, of which is attached hereto as Exhibit
August 7, 1996, a true and correct copy
August 7,
"A" and made a part of this Agreement for all purposes, and shall attend all
legislative hearings, contact key legislators and legislative staff as required.
2. To consult with the City Manager, Executive Director of Public Utilities,
City Attorney, and administrative personnel regarding any and all aspects of
the special services to be performed, including legal research and advice with
respect to such matters, This will include coordinating with the Executive
Director of Public Utilities, the City Attorney, and their staff to efficiently
perform the services required and to preserve the attorney/client privilege,
work product, and all other applicable exceptions to the discovery of docu-
ments produced under the Scope of Services.
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• To provide monthly progress reports to the City, and more frequently, interim
reports by telephone and facsimile.
B. The Consultant shall perform all the services required in a timely fashion, and shall
complete same in compliance with schedules established by the City through its
Executive Director of Utilities, as appropriate to carry out the terms and conditions
of this Agreement.
II. Term; The services of Consultant shall commence upon the execution of this Agreement, and
shall continue until all services hereunder have been performed. This Agreement may be sooner
terminated in accordance with the provisions hereof. Time is of the essence of this Agreement, and
the Consultant shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedules established by the City, through its Executive
Director of Utilities.
III. Compsnsatiou and Method of PAymeat
A. The Consultant shall charge the following fees for its professional services
hereunder, based on the following hourly rates for the attorneys and support staff
involved in this matter;
Hourly Estimated
Staff Rate Hours
Jim Boyle
Law Clerk
Paralegal
Consultant agrees that all charges for the services hereunder, including expenses, will
not exceed $37,000.00, to be paid at the rate of $3,000 per month through September-
December, 1996, for a total during this period not to exceed $12,000, and $5,000 per
month through January-May, 1997, for a total during this period not to exceed
$25,000.
B. The Consultant shall have the employees and attorneys listed in Section Ill-A above,
devote the amount of time to this matter as shown therein, but will try to reduce costs
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by utilizing qualified principals, associates, and legal assistants wherever possible.
The Consultant shall bill the City through the submission of invoices, statements, and
other documentation, tr, q-:'per with support data indicating the progress of the work
and the services performw on the basis of monthly statements showing hourly rates
indicating who performed the work, what type of work was done, and details of all
services rendered, along with any reasonable and necessary out-of-pocket expenses
incurred.
C. Additionally, the City shall either pay directly or reimburse the Consultant, as the
case may be, for reasonable and necessary out-of-pocket expenses, including but not
limited to, telephone, telecopier, reproduction, postage, overnight courier, and travel
in accordance with Exhibit A which is attached to and made a part of this contract for
all purposes. All copies will be charged at fifteen cents ($.15) per copy for copies
made within Consultant's offices, and as much photocopying as possible will be done
by outside vendors at bulk rates or by the City to reduce costs if bulk copying is
necessary.
D. Upon completion of all services for a particular issue or transaction, the City shall
make payment to the Consultant within thirty (30) days of the satisfactory
completion of services and receipt of an invoice or statement. The parties anticipate
invoices or state:rents for services will be generated on a monthly basis and that said
invoices or statements will be sent on or about the 15th day of each month. All
reimbursable expenses, including but not necessarily limited to travel, lodging, and
meals shall be paid at the actual cost, pursuant to the terms and conditions
hereinabove set forth. All invoices and bills shall be approved by the Executive
Director of Utilities and the City Attorney.
E. It is understood that the Consultant shall work under the coordination and general
supervision of the Executive Director of Utilities and the City Attorney.
F. All notices, invoices and
payment shall be made in writing and may be given by
personal delivery or by mail. Notices, invoices, and payments sent by mail shall be
addressed respectfully, Herbert L. Prouty, City Attorney, 215 E. McKinney, Denton,
Texas 76201, or to the Law Offices of Jim Boyle, 1005 Congress, Suite 550, Austin,
Texas 78701. When so addressed, the notice, invoice, and/or payment shall be
deemed given upon deposit in the United States Mail, postage prepaid. In all other
instances, notices, invoices, and/or payments shall be deemed given at the time of
actual delivery. Changes may be made in the names and addresses of the responsible
person or office to whom notices, invoices, and/or payments are to be sent, provided
reasonable notice is given.
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IV. Professional Competency*
A. The Consultant agrees that in the performance of these professional services,
Consultant shall be responsible to the level of competency and shall use the same
degree of skill and care presently maintained by other practicing professionals
performing the same or similar types of work. For the purpose of this Agreement,
the key person who will be performing most of the work hereunder shall be Jim
Boyle. However, nothing herein shall limit Consultant from using other qualified
and competent members of their firm to perform the services required herein.
B. Pleadings, motions, orders, notices, instruments, discovery documents, reports, and
other legal documents prepared or obtained under the terms of this Agreement are
instruments of service and the City shall retain ownership and a property interest
therein. If this Agreement is terminated at any time for any reason prior to payment
to the Consultant for work under this Agreement, all such documents prepared or
obtained under the terms of the Agreement shall upon termination be delive,;d to and
become the property of the City upon request and without restriction on their use or
further compensation to the Consultant.
V• Estabiishm@nt and Maintenance of Recordo• Full and accurate records shall be maintained
by the Consultant at its place of business with respect to all matters covered by this Agreement.
Such records shall be maintained for a period of at least three years after receipt of final payment
under this Agreement.
VI. Audits and Inspections At any time during normal business hours and upon reasonable notice
to the Consultant, there shall be made available to the City all of the Consultant's records with
respect to all matters covered by this Agreement. The Consultant shall permit the Ciiy to audit,
examine, and make excepts or transcripts from such records, and to make audits of contrails,
invoices, materials, and other data relating to all matters covered by this Agreement.
VII. Accomplishment of Pro-Ject• The Consultant shall commence, carry on, and complete any
and all projects with all practicable dispatch; in a sound, economical and efficient matter; and, in
accordance with the provisions hereof and all applicable laws. In accomplishing the projects, the
Consultants shall take such steps as are appropriate to insure that the work involved is properly
coordinated with related work being carried on in the City.
VIII. Indemnity and Independent Contractor Relationships
A. The Consultant shall perform all services as an independent contractor not under the
direct supervision and control of the City. Nothing herein shall be construed as
creating a relationship of employer and employee between the parties. The City and
Consultant agree to cooperate in the defense of any claims, action, suit, or proceeding
of any kind brought by a third party which may result from or directly or indirectly
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arise from any negligence and/or errors or omissions on the part of the Consultant or
from any breach of the Consultant's obligations under this Agreement. In the event
of any litigation or claim under this Agreement in which City is joined as a party,
Consultant shall provide suitable counsel to defend City and Consultant against such
claim, provided the Consultant shall have the right to proceed with the competent
counsel of its own choosing. The Consultant agrees to defend, indemnify and hold
harmless the City and all of its officers, agents, servants, and employees against any
and all such claims to the extent of coverage by Consultant's professional liability
policy. The Consultant agrees to pay all expenses, including but not limited to
attorney's fees, and satisfy all judgments which may be incurred or rendered against
the Consultant's professional liability insurance policy. Nothing herein constitutes
a waiver of any rights or remedies the City may have to pursue under either law or
equity, including, without limitation, a cause of action for specific performance or
for damages, a loss to the City, resulting from Consultant's negligent errors or
omissions, or breach of contract, and all such rights and remedies are expressly
reserved.
B. Consultant shall maintain and shall be caused to be in force at all times during the
term of this Agreement, a legally binding policy of professional liability insurance,
issued by Best Rated Carriers, with a rating of A-, approved to do business in Texas
by the State Insurance Commission. Such coverage shall cover any claim hereunder
occasioned by the Consultant's negligent professional act and/or error or omission,
in an amount not less than $500,OW combined single limit coverage occurrence, in
the event of change or cancellation of the policy by the insurer, the Consultant hereby
covenants to forthwith advise the City thereof, and in such event, the Consultant
shall, prior to the effective date of change or cancellation, serve substitute policies
furnishing the same coverage. The Consultant shall provide a copy of such policy
or the declarations page of the policy, whichever is reasonably satisfactory, to the
City through its Executive Director of Public Utilities simultaneously with the
execution of this Agreement.
IX. 1UMk91on of Agr em Mr
A. In connection with the work outlined in this Agreement, it is agreed and fully
understood by the Consultant that the City may cancel or indefinitely suspend further
work hereunder or terminate this Agreement at any time upon written notice to
Consultant, upon receipt of such notice, Consultant shall cease all work and labor
being performed under this Agreement. Consultant may terminate this Agreement
by giving the City fifteen (15) days written notice that Consultant is no longer in a
position to continue representing the City. Consultant shall invoice the City for all
work satisfactorily completed and shall be compensated in accordance with the terms
of this Agreement. All reports and other documents, or data, or work related to the
project shall become the property of the City upon termination of this Agreement.
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B. This Agreement may be terminated in whole or in part, in writing, by either party in
the event of substantial failure by the other party to fulfill its obligations under this
Agreement through no fault of the terminating party. Provided, however, that no
such termination may be affected, wiless the other party is given [ 1 ] written notice
(delivered by certified mail, return receipt request) of intent to terminate, and not less
than thirty (30) calendar days to cure the failure; and, [2] an opportunity for
consultation with the terminating party prior to termination.
C. Nothing contained herein or elsewhere in this Agreement shall require the City to pay
for any work which is unsatisfactory or which is not submitted in compliance with
the terms of this Agreement.
X. Entire Agreement; This agreement represents the entire agreement and understanding between
the parties and any negotiations, proposals, or oral agreements are intended to be integrated herein
and to be superseded by this written agreement. Any supplement or amendment to this agreement
to be effective shall be in writing and signed by the City and the Consultant.
XI. Compliance with .awss The Consultant shall comply with all federal, state, local laws, rules,
regulations, and ordinances applicable to the work covered hereunder as they may now read or
hereinafter be amended, including but not limited to the Texas Disciplinary Rule of Professional
Conduct.
X11. Governing Law: For the purpose of determining place of agreement and law governing same,
this Agreement is entered into the City and County of Denton, State of Texas, and shall be governed
by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under
or in connection with this Agreement shall be exclusively in a court of competent jurisdiction sitting I
in Denton County.
XIII. Discrim'natioa Prohibited In performing the services required hereunder, the Consultant
shall not discriminate against any person on the basis of race, color, religion, sex, national origin or
ancestry, age, or physical handicap.
XIV. Personnels
A. The Agreement to the Consultant represents that it has or will secure at its own
expense all personnel required to perform all the services required under this
Agreement. Such personnel shall not be employees or have any contractual relations
with the City. Consultant shall inform the City of any conflict of interest or potential
conflict of interest that may arise during the term of this Agreement, in accordance
with Consultant's responsibilities under the Texas Disciplinary Rules of Professional
Conduct.
B. All services required hereunder will be performed by the Consultant or under its
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fsupervision. All personnel engaged in work shall be qualified and shall be authorized
or permitted under state and local laws to perform such services.
XV. Assign bility: The Consultant shall not assign any interest in this Agreement and shalt not
transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the
prior written consent of the City thereto.
XVI. Severability: All agreements and covenants contained herein are severable, and in the event
any of them, with the exception of those contained in sections headed "Scope of Services",
"Independent Contractor Relationship", and "Compensation and Method of Payment" hereof, shall
be held to be invalid by any competent court, this Agreement shall be interpreted as though such
invalid ei eements or covenants were not contained therein.
XVIL Responsibilities for Claims and Liability: Approval by the City shall not constitute nor
be deemed a release of the responsibility and liability of the Consultant for the accuracy and
competency of its work; nor shall such approval be deemed to be an assumption of such
responsibility of the City for any defect in any report or other documents prepared by the consultant,
its employees, officers, agents and consultants.
XVIII. Modifies ion o Agreement: No waiver or modification of this Agreement or of any
covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed
by the party to be charged therewith and no evidence of any waiver or modification shall be offered
or received in evidence in any proceeding arising between the parties hereto out of or affecting this
agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification
is in ATith?g, duly executed as aforesaid; and, the parties further agree that the provisions of this
section will not be waived as herein set forth.
XIX. Captions: The captions of this Agreement are for informational purposes only and shall not
in any way affect the substantive terms or conditions of this Agreement.
XX. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective heirs, executors, administrators, legal representatives, successors, and
assigns where permitted by this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be
executed by its duly authorized City Manager and Consultant has executed this Agreement through
its duly authorized undersigned officer, dated the day of , 1996.
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CITY OF DENTON
BY:
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
~
BY: 64'~
THE LAW OFFICE OF JIM BOYLE
BY:
C:IWPDOCSIKIBOYLE.K
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Jim Boyle
Jim Haley, Of Counsel Uw OFFICES OF 1005 Congress. Suite 550
•Hao.dCnTl~r Adnrr»r..rnrLJU J[bi BOYLE Austin, Texas '9-01
Tru 8m.d (,dS 151:147;.1492
•f p~rlli;snor
e-ma,1: jimgboyletaoi cor
PRESENTATION TO THE CITY OF DENTON
LEGLSunw MONITORING AND
REPRESEZVUnON BEFORE TIM TEXAS LEGISIA"ME
July 31j 1996
LAW OFFICES OF JIM BOYLE
Austin, Texas
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SUMMARY
The Law Offices of Jim Boyle can provide the City of Denton with highly effective
representation before the Texas Legislature. We provide an exceptional blend of
people with legal expertise, strategic legislative abilities, and political and public
relations savvy:
• Jim Boyle has lobbied before the Texas Legislature and U.S. Congress for more
than 25 years representing legal clients, the Office of Public Utility Counsel, the State
Bar of Texas, Texas Consumer Association, and Consumer Federation of America.
He is known for his expertise in strategic thinking, coalition building, bill drafting,
interpersonal skills with legislators and their aides, public speaking, and news media
relations. In 1975 he participated in drafting the original Public Utility Regulatory Act
and helped create the Texas Coalition for Utility Regulation which lobbied for its
passage. Since the creation of the PUC, he has been involved in the passage of almost
all the amendments to PURA.
• Jim Haley has more than 15 years of experience as a policy maker, manager, and
attorney at the Texas Natural Resource Conservation Commission and its predecessor
agencies, the Texas Water Commission and Texas Department of Water Resources.
He played a significant role in regulatory development and contested cases in a range
of issue areas, including: water and waste management, water rates and certificates of
convenience and necessity, wholesale water rate appeals, water rights permitting and
enforcement, surface and groundwater quality, drinking water protection, hazardous
materials spill reporting and response, industrial waste recycling, hazardous and
industrial waste management, municipal solid waste management and recycling,
composting facilities management, superfund and petroleum storage tank
remediation, underground injection control and radioactive waste disposal.
• Carolyn Hinckley Boyle is an experienced public relations/marketing professional
who is associated with the law firm. She assists with public relations efforts that help
clients to accomplish their objectives, from preparing news releases to drafting
legislative testimony. Using a desktop publishing system, she prepares publications
and reports for clients to disseminate to their management team and the public.
By associating with our firm, you can have excellent representation for achieving
your desired results, efficient and cost-effective service, and a lawyer-client
rel Aionship that is rewarding. We want to inspire your trust and confidence so we can
represent you today and for years to come.
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OUR APPROACH TO LEGISLATIVE REPRESENTATION
We find that our law firm typically is involved in four main arenas when we
represent a client's interests before the Texas Legislature, including:
1. lytonitoring Legislation
• The firm subscribes to the Texas Legislative Service, which gives timely information
on bill filings, complete text of bills and amendments, scheduled committee hearings,
and actions by the House, Senate and Governor.
• Attorneys monitor committee hearings and House and Senate sessions.
• Attorneys also keep in close personal contact with selected legislators and their
assistants
2. Reporting to Clients
• We keep in touch by telephone, fax, E-mail, and U.S. mail.
• Comprehensive bill analyses and status reports are prepared and distributed to
clients in a timely manner.
• Newsletters are published for some coalitions of clients highlighting bills of interest,
actions by the Legislature, and action steps for coalition members.
J. Legislative Representation
We meet with legislators and their assistants, testify at committee hearings, draft and
amend bills, and lobby on behalf of clients and the public.
• Our law offices are located at 1005 Congress, directly across from the Capitol.
When a client needs quick action, an attorney can be in a legislator's Capitol office
within minutes.
• We network with other groups and form coalitions with similar interests, when
appropriate.
4. The Public Information Program
• We provide news releases and background information to local and Texas-based
news media to further our client's position. Many Capitol bureaus for Texas
newspapers are located in the same. building as the law office at 1005 Congress.
• We respond to news releases and press conferences by the opposition. An
in-house public relations professional is available to quickly respond to a client's needs
for contact with the news media.
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OUR LAW FIRM'S RELATIONSHIP WITH CLIENTS
The Law Offices of Jim Boyle firmly believes our law firm is a service com~anv,
and we are committed to providing the highest level of service to our clients. This
affects the way that we do business in many ways, including:
• We ensure ih"i Dts are involved in cvcut'that we do so they maintain a
sense of control over all of our work. Clients know what is going to happen, when it
will happen, and why. We present alternative actions and make clear
recommendations. The clients make decisions about actions to be taken. While our
attorneys have special expertise in the law, our clients have expertise in their
businesses and fields. We have a great deal of respect for our clients' knowledge and
their role on the legal team.
• Clients are kept well-informed about our progress through telephone
conversations, meetings, correspondence, faxed documents, and copies of any legal
documents. We encourage questions, comments, and involvement.
• We work to de-mycri the legal world, giving clear explanations to our clients
of the law, legal procedures, the legislative process, and the politics involved in the
many settings where we represent clients.
• Efficiency is of critical importance to us as we seek to provide cost-effective
legal services. Jim Boyle personally handles most legislative matters, but when
appropriate he would delegate certain tasks that are most efficiently handled by an
associate at a lower hourly cost.
• Attorneys and staff are always availahfe to clients. We return telephone calls
promptly, and clients are notified if an attorney will be out of town and who can help
in his absence.
• We ¢o the extra mile for our clients, whether it means working nights and
weekends or just thinking about their problems during our leisure time. Clients tend
to become our friends, and their problems are our problems to stew about and solve!
Resumes for team members are on the following pages.
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JIM BOYLE
ATToPNEY-AT-LAW
Summary; Jim Boyle is recognized throughout the state for his knowledge and abilities
in public utility and administrative law; his savvy and effective work for clients before
administrative agencies, the Texas Legislature, and the courts; and his high
professional and ethical standards. Mr. Boyle is rated AV by Martindale-Hubbell, the
highest ranking for preeminent attorneys. While he typically represents clients who
have formidable opponents, Mr. Boyle has been successful against counsel from some
of the nation's largest law firms. Because of his effectiveness as an advocate and
recognized expertise, he is frequently called on to lecture at seminars, appear before
legislative and regulatory bodies and serve as an expert source for the news media.
EDUCATION, BOARD CER77 ICATION
The University of Texas School of Law
Doctor of jurisprudence, 1969
Denison University
Bachelor of Arts, 1966
Board Certified Administrative Law Specialist
Texas Board of Legal Specialization, 1990
ADMISSIONS TO PRACTICE
Admitted to Bar for Texas-1969, Louisiana-1969, District of Columbia-1981
U.S. District Court, Western District of Texas, 1971
U.S. District Court, Western District of Louisiana, 1969
U.S. Court of Appeals, Fifth Circuit, 1970
U.S. Supreme Court, 1980
SELECTED EXPERIENCE
• Attorney in private practice, 1986-present, 1982-83, 1972-80, Austin, Texas.
Concentrates in electric utility, telecommunications, and gas utility law; legislative
representation; administrative law; water law; consumer law; and environmental law.
• Director, Office of Public Utility Counsel, State of Texas, 1983-86, Austin, Texas.
Appointed by the Governor to head the state agency that represents residential and
small commercial customers on utility rate matters before the Public Utility
Commission of Texas and the Railroad Commission of Texas.
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• Director of Governmental Relations, Consumer Federation of America, 1980-81,
Washington, D.C.
Directed congressional lobbying and governmental affairs programs representing local
and state consumer organizations throughout the United States.
PROFESSIONAL AFFILIATIONS
Texas Ethics Commission: Registered Lobbyist
State Bar of Texas: Administrative and Public Law Section
District of Columbia Bar
Louisiana State Bar Association
Travis County Bar Association: Administrative Law Section
Texas City Attorneys Association
Texas Municipal League: Professional Member
FORMER LEADERSHIP POSITIONS
State Bar of Texas: Chairman, Consumer Law Section, 1975-77
Texas Consumer Association: Executive Director, 1976-80; President, 1973-75;
Lobbyist, 1973.80
Consumer Federation of America: Vice President, 1979.80; Board of Directors,
1975.80
Federal Reserve Board: Consumer Advisory Council Member, 1983-84
REPORTED CASES-ATTORNEY OF RECORD
Teleprofits of Texas, Inc. v Sharp, 875 S.W.2d 748 (Tex. App.-Austin 1994, no writ}.
Cities for Fair Utility Rates v. Public Utility Commission of Texas and HL&P, 884S.W, 2d 540 ;Tex.
App.•Ausrin 1994, writ granted)
City of Somerville v. Public Utility Commission of Texas, S.W. 2d 557 (Tex. App.-Austin 1993)
Gulf States Utilities v. PUC of Texas, 841 S.W.2d 459 (Tex. App: Austin 1992, writ denied)
Coalition of Cities for Affordable Utility Rates v. Public Utility Commission of Texas, 798 S.W.2d
560 (Tex 1990)
Coalition of Cities for Affordable Utility Rates v. Third Court of Appeals, 787 S.W.1d 946
(Tex. 1990); Mayhew v. Caprito, 794 S.W.2d 1(Tex. 1990)
Zapata Y. Ford Motor Credit Co., 615 S.W1d 198 (Tex. 1981)
Southwestern Inv. Co. v. Mannix, 557 S.W.2d 755 (Tex. 1977)
Gilbert Anzaldua v. State of Texas, 696 S.W,2d 911 (Tex. Crim. App. 1985)
Smith v. Chapman, 614 F.2d 968 (5th Cir. 1980)
Sanchez v. Lowell Lebermann, Inc., 79 F.R.D. 21 (W.D. Tex. 1978)
Moore v. Sabine National Bank of Port Arthur, 517 S.W.2d 209 (Tex, App.-Austin 1975,
writ ref'd, n.r.e.)
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JAMES FRANCIS HALEY, JR., Of Counsel
ATTORNEY-AT-LANG
SUMMARY: Jim Haley has more than 15 years of experience as a policy maker,
manager, and attorney at the Texas Natural Resource Conservation Commission and
its predecessor agencies, the Texas Water Commission and Texas Departmenr of
Water Resources. He played a significant role in regulatory development and
contested cases in a range of issue areas, including: water and waste management,
water rates and certificates of convenience and necessity, wholesale water rate
appeals, water rights permitting and enforcement, surface and groundwater quality,
drinking water protection, hazardous materials spill reporting and response, industrial
waste recycling, hazardous and industrial waste management, municipal solid waste
management and recycling, composting facilities management, superfund and
petroleum storage tank remediation, underground injection control and radioactive
waste disposal.
EDUCATION
The University of Texas School of Law
Doctor of jurisprudence, 1979
The University of Texas at Austin
Bachelor of Business Administration, Cum Laude, 1975
SELECTED EXPERIENCE:
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION,
TEXAS WATER COMMISSION, TEXAS DEPARTMENT OF WATER RESOURCES
• Senior Director for Water and Waste Policy, Office of PoUcy and Regulatory
Development, 1994-95
Directed agency rule development for water and waste management issues, including
hazardous materials spill reporting and response, composting facilities management,
recycling, hazardous waste management, municipal solid waste disposal and
recycling, wastewater management and discharge.
• Executive Liaison for Regulatory Affairs, 1993-94
Coordinated TNRCC communication with legislative offices and the Governor's
Office, including testimony before legislative hearings and preparation of interim
reports.
• Deputy Executive Director, Office of Waste Management and Pollution Cleanup,
1992.93
Managed regulatory program operations in the areas of hazardous waste management
and recycling, superfund and aboveground and underground petroleum storage tank
remediation, emergency spill response, municipal solid waste management and
recycling, underground injection control, and radioactive waste disposal.
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• Deputy Executive Director, Office of Legal Services and Compliance, 1991.92
:Managed 500 technical field inspectors dealing with regulatory issues in the areas of
water rights administration, surface and groundwater quality, drinking water
protection, hazardous and industrial waste management and recycling, superfund and
aboveground and underground petroleum storage tank remediation, water rates and
certificates of convenience and necessity, emergency spill response, municipal solid
waste management and recycling, and enforcement. Managed Directors of Legal
Division and Border Affairs Division.
• Director, Legal Division, 1989.1991; Assistant Director, 1986-89
Managed 35 attorneys who provided counsel and contested case representation for the
Executive Director on regulatory issues regarding water rights administration, surface
and groundwater quality, water rates and certificates of convenience and necessity,
hazardous and industrial waste management, underground injection control,
superfund remediation, aboveground and underground petroleum storage tank
remediation, emergency spill response, and enforcement. Worked with the Region VI
Office of the U.S. Environmental Protection Agency on issues of state-federal
coordination.
• Staff Attorney, 1980-86
Provided legal counsel and contested case representation in the areas of water right
permitting, adjudication, and enforcement; water quality permitting and enforcement
and wholesale water rate appeals, hazardous waste and industrial solid waste
permitting and enforcement, including underground injection control cases;
representation in administrative rule making and adjudicatory hearings; and regulation
and legislative drafting.
The State Bar of Texas does not currently offer board certification in environmental
law or water rate law.
PROFESSIONAL AFFILIATIONS
State Bar of Texas: Administrative Law Section, Alternative Dispute Resolution
Section, Environmental and Natural Resources Law Section,
College of the State Bar of Texas
Travis County Bar Association: Civil Litigation Law Section, Real Estate Law
Section, Solo/Small Firm Section, Alternative Dispute Resolution Section
Williamson County Bar Association
Air and Waste Management Association
Austin Association of Mediators
Society of Professionals in Dispute Resolution
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CAROLYN HINCKLEY BOYLE
Marketing/Communications Consultant
1005 Congress, Suite 500, Austin, Texas 78701
Education and Academic Preparation
The University of Texas at Austin
Master of Arts in journalism, 1984
Bachelor of journalism, 1971
Experience
OWner, Carolyn Hinckley Boyle Marketing/Communications, 1990-present, Austin,
Texas. Provides assistance to clients of the law firm, small businesses, and
professional service firms regarding marketing, public relations, publications,
advertising, special events and news media relations.
Director of Community Relations and Marketing, Brackenridge Hospital and
Children's Hospital of Austin, 1985.1990, Austin, Texas. Directed all marketing,
advertising, public relations, publications, special events, and health education for a
399-bed teaching hospital.
Director of The Wellness Program, Brackenridge Hospital, 1981-85, Austin, Texas.
Developed and implemented a community-wide health education program, including
work site health education programs, community events and screenings, a speakers'
bureau, and public relations program.
Editor, American Vocational Association, 1980-81, Washington, D.C. Served an
association of 55,000 members as a writer, editor, and public relations professional.
bducational Writer, Texas Education Agency, 1974.80, Austin, Texas. Coordinated
public relations, publications, and audiovisuals for the Department of Occupational
education and Technology. Served for two years as president of the National
Association of Vocational-Technical Education. Communicators.
Writer, Texas Outlook magazine, Texas State Teachers Association, 1971.74, Austin,
Texas. Did writing,and publication layout for a association of 155,000 members.
Writer, The Houston Chronicle, Summers, 1969, 1970, Houston, Texas.
Special Skills and Egp Genre
Ms. Boyle also has special experience in legislative public relations, marketing/public
relations training for professionals, public speaking, coordination of large special
events and conferences, legislative tracking, and desktop publishing.
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LOBBYING ACCOMPLISHMENTS DURING THE 19905
Public Utility Regulatory Act-Electric
• Rate Case Reimbursement for Cities. On behalf of a number of clients, Jim Boyle
lobbied for the passage of Section 2.106 of Senate Bill 373 which provided that
municipalities may participate in rate making proceedings, with their expenses
reimbursed by the public utility engaged in the proceeding.
• Protecting Ratepayers On behalf of the International Brotherhood of Electrical
Workers, in 1995 Jim Boyle effectively lobbied to put in language to protect ratepaye.s
from not getting full value from the sale, merger or transfer of existing power plants
into sister unregulated companies.
• Electric Rate Class for £1 Paso Community College. Jim Boyle drafted and lobbied
to passage Section 2.215(c) in Senate Bill 373 which required that El Paso Community
College continue to be included in a separate electric rate class along with public
school customers.
• Phantom Taxes In 1993 Jim Boyle assisted a coalition of cities in opposing the
phantom tax provisions of PURA, which was one of the main issues that led to kil:usg
of the entire bill.
Public Utility Regulatory Act-Telephone
• Extended Local Calling. In 1993 Jim Boyle represented Texas Communities for
Expanded Local Calling, a coalition of about 150 cities in rural areas who were
seeking toll-free local calling consistent with the service provided to metropolitan
telephone customers. Some Texas rural areas had a local calling scope as small as two
miles, with all calls beyond that boundary being charged at long distance rates. Senate
Bill 632 as signed into law set up a mechanism in which a rural local calling scope
could be expanded to 22 miles. at a low monthly fee.
• Pay Telephones. On behalf of the Texas Payphone Association, in 1995 Jim Boyle
lobbied for provisions which passed that allow a charge of 25 cents for 1.800
subscriber calls made at pay telephones in Texas. The new law also authorized the
Public Utility Commission to raise the cost of a local telephone call if justified. The law
includes rate caps for long distance calls at pay phones that were recommended by the
association, which are higher than rate caps being considered by regulators.
• Broadcasting Standards. On behalf of the Texas Broadcasters Association, Jim
Boyle drafted sections of "Subtitle K. Broadcaster Safeguards," which were passed
into law.
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Water Law
• In 1993, Jim Boyle successfully lobbied on behalf of municipal utility districts on
amendments to Chapter 13 of the Texas Water Code
LonyiNG Accomp r M rrrc DURING 1970s AND 1980s
On behalf of the State B:.r of Texas and Texas Consumer Association, Jim Boyle
participated in initial drafting and lobbying on the following legislation enacted by the
Texas Legislature:
• Public Utility Regulatory Act
• Deceptive Trade Practices-Consumer Protection Act and 1979
amendments
• Sectuity Deposit Act
• Debt Collection Practices Act
• Home Solicitation Act
• Texas Mobile Home Standards Act
• Texas Truth in Lending Act, 1977 and 1979 amendments to
Texas Consumer Credit Code.
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Apbbde
Agenda Item
Date
September 17, 1996
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND ME:*IBERS OF THE CITY COUNCIL
FROM: R.E. NELSON, EXECUTIVE DIRECTOR UTILITIES
SUBJECT: CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE THE
TMPA POWER SALES CONTRACT
RECOMMENDATION:
At their regular Board meeting of August 19, 1996, both the Public Utilities Board and
Utilities staff recommended approval of the TMPA Power Sales Amendment.
SUMMARY:
For approximately two years tae four member cities of TMPA have been working on an
amendment to the TMPA Power Sales Agreement. The amendment has been developed by
TMPA's bond counsel and has received the general approval of the City Managers
and Utility Managers of the four cities. The TMPA Board of Directors approved the
amendment at their Board meeting on Thursday, July 11, 1996.
The main issues of the amendment are:
I. The amendment changes the Power Sales Agreement from a
"full power and energy requirements" Agreement to one where
each city receives a specified amount of power and energy from
TMPA and in exchange each city assures payment for that
amount of power and energy.
Denton's share of TMPA's power and energy and obligation will be 21.3% versus the
existing 22%. This change will allow the cities to independently seek other sources of power
and energy or to construct their own electric generation facilities. This feature is very
important if the four cities are to remain competitive in the deregulated electric industry.
2. The amendment limits the amount of funds TMPA can hold in
reserve and places tighter approval over the use of those funds.
Ji I10MEJ'ENNY B cuunaPAG17F.M I MPAps 17
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A copy of the amendment and the original power sales Agreement is attached.
Respectfully submitted,
Ted Benavides, City Manager
Prepared by,
R. E. Nelson, Executive Director Utilities
JrJIONE'PENNl_B' counclrAGFTE W TMPApms17
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ORDINANCE N0,
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR OF THE CITY OF
DENTON, TEXAS TO EXECUTE AN AMENDMENT TO THE POWER SALES CONTRACT
DATED SEPTEMBER 1, 1976, BETWEEN THE TEXAS MUNICIPAL POWER AGENCY
AND THE CITIES OF BRYAN, DENTON, GARLAND AND GREENVILLE, TEXAS, AND
RESOLVING OTHER MATTERS INCIDENTAL AND RELATED THERETO; AND
PROVIDING AN EFFECTIVE DATE.
and Agency
the CitiesSof tBryan,~ Denton Municipal
Garland, Power
Greenville, ATexas, haand
ve
previously executed a certain Power Sales Contract, dated September
10 1976, as amended in 1989 (the "Power Sales Contract"); and
WHEREAS, the Power Sales Contract requires the City of Denton,
Texas (the "City"), along with the Cities of Bryan, Garland, and
Greenville, Texas (collectively, the "Member Cities") to take with
certain exceptions all of their power and energy requirements from
the Agency; and
WHEREAS, the Agency and the Member Cities have agreed to amend
the Power Sales Contract to convert that Power Sales Contract from
a requirements contract to a take or pay contract and to make
additional changes to the Power Sales Contract; and
WHEREAS, the City desires to approve the amendment to the Power
Sales Contract as presented to the City Council at the meeting at
which this Resolution is considered; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION T That the Power Sales contract amendment, a copy of
which is attached hereto as Exhibit A and incorporated herein for
all purposes, between the Agency and the Member Cities is hereby
approved in substantially the form and content as set forth in
Exhibit A; and that the Mayor is authorized to execute the same.
SEC'1I_ QN ii The City Council hereby reaffirms the obligation
of the City specified in Section 10 of the Power Sales Contract to
the effect that the City's obligations under said contract shall
constitute an operating expense of the City's electric system and
the obligations under said contract shall be payable solely from
the revenues and receipts of such electric system and shall not
constitute a general obligation on other assets or revenues of the
City.
SECTION III That the amendments to the Power Sales Contract
shall become effective upon the approval of the Member Cities and
the Agency, upon final execution of the said Power Sales Contract
amendment, and upon satisfaction of the other conditions that are
specified in the Power Sales Contract or the bond resolutions
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associated with the outstanding bonds of the Agency and upon the
entry by a court of competent jurisdiction of a final judgment
validating the amendments to the Power Sales Contract.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: JY
Y
AMENDMENT TO POWER SALES CONTRACT
BETWEEN
TEXAS MUNICIPAL POWER AGENCY
AND
CITY OF BRYAN, TEXAS
CITY OF DENTON, TEXAS
CITY OF GARLAND, TEXAS
CITY OF OREENVMJA TEXAS
This Amendment to Power Sales Contract (the "Amendment'l, made and entered
into as of the day of 19960 by and between the Texas Municipal
Power Agency, a municipal corporation nd political subdivision of the State of Texas
and herein referred to as the "Agency' and the City of Bryan, Tom, the City of
Denton, Texas, the City of Garland, Texas and the City of Greenville, Texas, each of
which cities is a municipal corporation of the State of Texas and a home rule city, and
herein collectively called the "Cities" and individually called "City."
WITNESSETH:
WHEREAS, the Agency and the Cities entered into that certain Power Sales
Contract (the "Power Salve Contract'), made and entered into as of the let day of
September, 1976, which Power Sales Contract was amended by and between the Agency
and the Cities as of the lest day of September, 1976 (such amendment together with the
Power Sales Contract being herein called the "Contra 0;
WHEREAS, the Cities desire to amend the Contract to provide each of them with
the ability to purchase or to generate Power and Energy from sources other than the
Agency and other than as contained in the Contract;
WHEREAS, the Cities have agreed to altar the tam and conditions upon which
they each agree to purchase Power and EnaV from the generating facilities of the
Agency to provide that the Cities will bs unconditionally obligated to take or pay for
Power or Energy, or both, from the Agency in accordance with the provisions set forth
below in this Amendment;
WHEREAS, the Agency concurs with the desire of the Cities to purchase Power
and Energy as provided In this Amendment;
WHEREAS, the Board of Directors of the Agency adopted Rules ad Regulations
on November 18, 1976 and such Rules and Regulations have from .time to time been
amended and are herein referred to as the "Rules and Regulations";
anw,om~ama
Exhibit A
f
SS
t
WHEREAS, the Agency has obtained the consents and given the notices required
to be obtained or given prior to entering into the Amendment;
WHEREAS, the Cities hereby reaffirm their commitment to the Agency and the
holders of the outstanding Debts to provide the payments required under the Contract
to assure that the obligations of the Agency are timely paid in accordance with the
provisions of the Contract;
NOW, THEREFORE, in consideration of the mutual undertakings herein
contained, the Agency and each of the Cities hereby agree as follows:
SECTION I.
Section 3(a) of the Contract is hereby amended to read as follows:
Section 3: We and Purchase of Power and Energy
W Each City and the Agency agree as follows:
(1) Each City shall be entitled to purchase and receive a percentage of
the available output of Power and Energy from the generating
facilities owned by the Agency. The percentage of available output
to which each City is entitled is as set forth in Section 3(N(2)
hereof.
(2) For the right to receive Power and Ez;ergy from the Agency, each
City shall be unconditionally obligated to pay to the Agency,
without offset or countarclaim and without regard to whether
Power and/or Energy is delivered by the Agency to the reepeetive
City or Cities or whether or not any City or Cities actu&Uy use
Power and/or Energy tfmm such generating facilities the percentage
of the Annual System Costs, including the paym nt of the Debt
Service Requirements and Operating and Idainbennna Expenses
which may from time to time eaiat, set forth below.
City of Bryan, Texas: 21.7%
City of Denton. Teowi: 21.3%
City of Garland, Tress: 47.0%
City of Greenville. Texas: 10.0%
(3) The percentage of the payment obligation of each City sh.11 be
s*oct to amendment by the' mutual agreement of the Cities,
provided, however, that the percentages shall never total less than
one hundred percent (100%) of the Annual System Coats.
1
ly
I
(4) Each City binds itself to take or pay for its entitlement to Power
and Energy in accordance with the rates and charges established
pursuant to Section 7 of this Contract.
SECTION II.
Section 3(b) of the Contract is hereby amended to read as follows:
Section 3: Sales and Purchs" of Power and Energy
(b) The Agency shall devote its hest efforts to the generation and
delivery of Power and Energy from the generation facilities of the
Agency.
SECTION M.
Section 3(c) of the Contract is hereby amended by deleting Section 3(c) in
its entirety.
SECTION IV.
Section 7(a)(3) of the Contract is hereby amended to read as follows:
Section 7: Dates and Charges:
(3) an amount sufficient to (i) pay the Annual System Costs as set
forth is the~Annual,S Budge , i provided in thgAJR ee and {
Regulations, (ii) ma'lce the deposits required by , the Bond
Resolution, (HO Hind the annual capital budpt, as provided in then
Rules and tAgulations, and (iv) with respect to other funds or
Ot~ accounts established by the Board and not required by the
pravWow of the Bond Resolution, fund such hinds or accounts in
an amount not greater than 3.5% of the Annual System Budget, or
such greater amount as may be approved by the affirmative vote of
at least sac members of the Nxk of Directors of the Agency
with at least one (1) member of the Board of Directors appointed
by each City voting in favor of any such increase. Except for kds
held for purposes of "if insurance, any AuWa hold by the n
the
on September 30, 1W and any lends held by the Agency on
last day of each Con'&act year thereafter over and above tba
amounts required in connection with subsections (i), (ii), (JW and
(iv) of this Section 7(a)(3) shall be returned to the Cities within 120
c
days of such date in the same percentage as the percentage each
City contributed to such amouata.& Dada held pursuant to
subsection (iv) of this Section MX3), if approved e
vo 0
Agency with at one ember of the Board of Directors
Ppom lUity voting in t e affirmative_ zn-
qua nginry
SECTION V.
Section 12 of the Contract is hereby amended by adding subsections (f) and (g)
to read as follows:
Section 12: Covenants of the Agency.
(1) The Agency Covenants and agrees that in the event properties of
the System which were acquired with funds received from the sale
of Bonds are sold, the proceeds from the sale of such properties
shall be applied in accordance with the provisions of 6.22 of the
Bond Resolution.
(g) No Bonds, Subordinated Indebtedness or Special Contract
Obligations shall be issued or incurred without the prior approval of the
Board of Directors of the Agency.
SECTION VI.
Section 13(d)(1)(a) of the Contract is hereby amended to read as follows:
Approved; Section 13. Project Approval and Rights of Cities when a Project is not
(a) Each City shall be entitled to schedule and receive, each month for
its own account, the proportion of the available Power and Energy
from the System equal to the percentage established under Section
3(a) of this Contract, as such percentage may be from time to time
adjuatsd in accordance with the provisions of Section 3(a) hereof.
SECTION VII.
Section 13(d) (1)(b) of the Contract is hereby amended to read as follows:
Section 13. Project Approval and Rights of Cities when a Project is not
Approved:
' I
w,
j
i
(b) As consideration for such Power and Energy, and the right to
purchase the same, each City shell, each month, pay to the Agency
its proportionate share of the Annual System Costs equal to the
percentage established under Section 3(a) of this Contract, as such
percentage may be from time to time adjusted in accordance with
the provisions of Section 3(aa) hereof.
SECTION VIII.
Section 13(d)(I)(c) o: the Contract is hereby amended to read as follows:
Section 13. Project Approval and Rights of Cities when a Project is not
Approved:
(c) Each City's obligation under Section 14 of this Contract shall be
equal to the greater of the percentage established under Section
3(a) of this Contract or the percentage established under Section
14 hereof.
SECTION IR.
Section 13(d)(2) of the Contract is hereby amended to read as follows:
Section 18. Project Approval and Rights of Cities when a Project is not
Approved:
(2) During the balance of the term of this Contract after the effeatlve
date of the option, the amount of Power and Energy required by
the City exercising the option to be purchased under Section 3 of
this Contract shall be limited. Such City aball, in each calendar
month, tails or pay for an amount of Power and Energy equal to
the amount of Power and Energy such City is entitled to receive
frfom the Agency during the corresponding month or such other
amount of Power and' Energy as may be from time to time agreed
upon by the City, the Agency and other Citief, but is no event shall
such t4be or pay requirement be less than tLe amount required to
be paid pursuant Section 3(a) or Section 14 hereof, whichever
amount shall be greater, and the Agency shall not be required to
provide say Power and Energy in excess of the amount to whlsb
such City is entitled pursuant to Section 3(a) hereof. The Power
and Energy fltraish to such City shall be billed by the Agency at
rates and charges as from time to time adopted pursuant to Section
9 of this Contract. The ealculation of the limiting CiWe obligation
under Section i4 of this Contract shall assume sueh City's Net
Energy for Load for the purposes of said calculations is equal to
r
such City's Net Energy for Load in the completed Contract Year
next preceding the effective date of the option or the amount
required to be paid pursuant Section 3(a) hereot; whichever is
greater.
SECTION X.
All other terms, provisions, conditions and obligations of the Power Sales
Contract between the Cities and the Agency, dated September 1, 1976, as the same has
been amended prior to the effective date of this Amendment, shall remain in full force
and affect, and said Power Sales Contract, as amended, shall be construed together as
a single contractual agreement
This Amendment `hall become effective upon the ascution by the Agency
and the Cities, all by the proper officer duly authorised by the Agency and the Cities
to execute this Amendment for and on behalf of said executing party.
I
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TEXAS MUNICIPAL POWER AGENCY
BY.
ATTEST:
Bp:
CITY OF BRYAN, TEXAS
BY:
ATTEST:
Bq:
CITY OF DENTON, TEXAS
BY'
ATTEST:
By:
CITY OF GARLAND, TEXAS
BY:
ATTEST:
By:
CITY OF GREENVILLE, TEXAS
BY.
ATTEST:
By:
F
Agenda No.
~f
A-D Agenda Iter4--/-7-9
Date WrY of DEWON, TEXAS MUNICIPAL BUILDING • 215 E. MCKINNEY • DENTON, TEXAS 76201
(817) 566.8200 • DFW IIfETRO 434.2529
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Jon Fortune, Chief Finance Officer
DATE: September 11, 1996
SUBJECT: 1995-96 YEAR END BUDGET ADJUSTMENTS
Section 8.07 of the City Charter allows the City Council to transfer money from one
office, department, or agency, to another. Such transfers are processed annually in
an effort to "Clean up" the adopted budget during the last three months of the fiscal
year. Please find attached a resolution to make an adjustment to the 1995.96
adopted budget.
This adjustment transfers unanticipated savings of $60,000 from the Engineering
Department and 817,352 from the Police Department to fund the Karvouniaris court
settlement (835,7321; employee accumulated leave for resigning Airport Manager
($14,000); the reclassification of an Administrative Assistant II to Economic
Development Coordinator (813,600); and utilities associated with City Hall in the Mall
and upgrade of sprinkler system at DMC ($14,020).
Please advise if you have any questions. Thank you.
JF:Ib
AFFOM P
"Dedicated to Quality Service"
J:\MPDDCMU\BVDGrT.ADJ
RESOLUTION NO.
A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1995-96,
AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the budget adjustments, as indicated on
Exhibit °A", attached hereto and incorporated by reference herein,
for the fiscal year 1995-96 are hereby, in all things, approved and
ratified.
SECTION II. That this resolution shall become etfective
immediately upon its passege and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTFRS, CITY SECRETARY
I
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
By
_
r;
F
Resolution Exhibit A
Fiscal Year 1995-96
Year End Budget Adjustment
Current Inc (Dec) Modified
General Fund Expenditures Budget Amount Budget
Karvouniaris Court Settlement 0 35,732 35,732
Airport 1181244 14,000 132,244
Municipal Services/Economio Development 214,532 13,600 228,132
Facilties Mmiagement 1,471,104 141020 19485,124
Engineering 19038,041 (60,000) 978,041
Police 7,467,754 (17$52) 7,450,402
YEAREND.WK4 09/12/96:11:06 AM Page 1
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Apenda No.,-9
Agenda Item _
Date
CITY of DEN TON, TEaG4s
MUNICIPAL BUILDING 215 E. McKINNEY• DENTON, TEXAS 76201
(817) 566.8200 • DFW METRO 434.2529
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Jon Fortune, Chief Finance Officer
DATE: September 11, 1996
SUBJECT: RESOLUTION TO APPROVE 96-97 CIP
Please find attached a resolution to approve the first year (1996-97) of the five year
Capital Improvement Program (CIP). The 1996-2001 CIP, as approved by citizens in
February and recommended by the Planning and Zoning Commission, was presented
to City Council on June 18, 1996.
Please advise if you have any questions. Thank you.
JF:fb
AFF01205
"Dedicated to Quality Sen rce "
r
a
F
A:%'APITAL,IM
RESOLUTION NO.
A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY THE
PLANNING AND ZONING COMMISSION; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on the 12th clay of June, 1996, the Planning and Zoning
Commission recommended :he capital improvements to be constructed
during the forthcoming year; and WHER tions toEthe Cithe City
the furnished
Council Manager
18th e day of copy of
June,t1996; andenda-
WHEREAS, all of the above actions were taken in compliance with
the requirements of Section 10.03(a)(6) of the City Charter; and
WHEREAS, the City Council wishes to formally adopt the recom-
mendations of the commission; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
impro emen propoThat sed toe be Council constr cted during the forthcoming
year, which is attached hereto and incorporated herein and made a
part of this resolution for all purposes.
SECTIr O_ N II That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of y 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
, ~-7
BY:
i
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1996-2001 CAPITAL IMPROVEMENT PLAN _ AY,aP01w,1,Kt
GEi~RAL GOVERNMENT TOTAL ° N1
11lCIIlIMf>S AID TOTAL O"Af.
PIgJ60T 6TnrNiG1 kJM, YNAII>rTi. O"m CITY III , MIOjwT AND
*JNOWQ 100061. 006". 16AINf.'
1001106= : UNIeaTJ~l lNN
YEAH ON/DEPT M1M~1 p(gJIT NAYS
200.000 200,000 700,000 600
06-97 DRAINAGE 061004 AVENUE O OPA 100~p0D 100,000 600
W-W pWW 0110118 0000 SAMWAN VI.IAOE DRAI4LIOE 100.000
INAOE AOE 061000 WM01KAE6E/JTCUWER7S1PgOYEMENTI 260,000 26D.000 260.000 1.000
126.000 1125A00 126.000
N-97 OPIAPLAOE 0610618 MISCOP.ANROEG►ITAi6AP1CVEMEIVT6PHI 560.000 5,000
01_97 PAgKb 0061018 LF011ADE EKMiNO PA1K6 PH 1 0.00D 560.000
66-57 PAWS OOMM 100,000 400,000
ATHLETIC PACLftES PENOV 6 DEV PH 1 100.000 66-9T TPJWS 60.000 60.000 600
0010766 80UTHEA6T DENTON SIDEWALKS PH 1 601000 260.000 200.000 160.000 110.000 1.000
M-07 TgMtr; 0010t11 AVENUE OMODF1CATgM 600.000 600.000 1.000
16-07 T11ANS 00101406 PHASE I NOT TMOIIAM (MN00 TO PAIII-M 690.000
541.000 541,000 841.000
16-p TSARS 00101106 LOOP 1 PAYING NG A WAIN WAY PH I 1,4mm (100 WHO MONEY) 1.400.00 4.000.000 6.400.00
06 - W T9ANS 0017) FOOT PORT WORTH RT1 D04 DII PAV 6 PFIASE I J q 112.000 147.000 1.000
16-67 TRANS 0010164 6IDEWALKA161"AYS PH 1 112.000
480.000 460.000 4,000
06-9? TPYW! 0010118 STI+EET OOIMTIVCTION PH 1 ~AW 600400 1.800400 4,ISS,000 6,656,OOD
16-01 TMNS 101016 U.6 n RCM UNA'EAWY 0" TO 1-16 1.000.00
1.000.000 1.808.Doo 0 mo.0o 6.166.000 6260.1100 14,464A00 UAW
°This revma sours (ndudss owWlosWo of obllpfon, fund balms, and ysrmW fund common.
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1997-2001 CAPITAL IMPROVEMENT PLAN
ELECTRIC UTILMES
TOTAL. TOTAL
' PROJECT ~!NO.IIDT LIDNO ' ' OUIYIIE UTILITY A10-M1 'FAMYEAR
NUMBER OA PROJWT NAME COST FUND - REymn FUNDING CONSTR - bOST
97-1011-01 I (T) POWER PLANT IMPROVEMENTS 60 626 26 60 626
07-1011-02 11 (T) POWER PUNT EQUIPMENT 0 20 20 0 20
97-1011-03 14 (T) OFFICE FUFMTUREANDEOUIPMENT
_ 0 10 10 0 10
TOTAL 1046-97 ELECTRIC PROOIJCTION 60 S06 IN 60 665
97-1021101 IS (G) SERVICE CENTER FACILITY 1,126 0 1,125 0 1,125
07-1021-02 10 (0) RELATONAL DATABASE SETUP 0 61 el 0 61
97-1021-03 10 (R) COMPUTER HARDWARE UPGRADES 0 22 22 0 22
TOTAL ION-97 D18PATCK*f AATiONS 61,126 103 61,206 60 61.200
97-1031-01 3 (G) O/H EXTENSIONS ANDIMPROVEMENTS
97-1031-02 17 (O) POWER FACTOR IMPROVEMENTS 0 N10 6010 60 6 0
07-foal-03 4 (G) UK3 EXTENSIONS AND IMPROVEMENTS 0 40 21 0 4 40
97-1031-04 5 (0) TRANSFORM ERS AND EOUIPMENT 0 1,421 1,421 0 1,421
O 31e 31e o ale
97-1031-05 11 (DMISC,TOOLS ANDEQUIPMENT 0 33 66 0 56
97-1031-06 10 (QO/HTOUNDERGROUND CONVERSION9
0 300 300 0 000
47-10.11-07 14 (G) MISC. OFFICE EQUIPMEHT/FURNRURE 0 16 16 0 16
97-1031-06 20 (G) CONTINGENCY 0 400 400 0 400
97-1061-09 19 (G) DENTON CENTER LINE RELOCATE 0 346 346 0 345
07-1031-10 9 (G) RESIDENTIAL STREET LIGHTS 0 43 43 73 116
07-1031-If 0 (0) STREET LIGHTS - ARTERIAL 0 170 170 0 1?9
97-1031-12 0 (G) STREET LIGHTS - SECURITY 0 $0 30 0 30
TOTAL ION-07 ELECTRIC DISTRIBUTION 60 63,473 63,473 673 63,610
97-1032-01 0 (R) REPLACE 00 KV BREAKEAS 0 110 110 60 110
97-1032-02 6 (G) DUPLEX OF JIM CHRISTAL SUBSTATION 700 0 750 0 750
97-1032-03 0 (Q LOCUST 16KVVWAKEA00NVEAS/ON 0 00 90 0 90
97-1032-04 6 (QROWEOVERCURRENTRELAYS 0 36 30 0 36
07-1032-05 14 (M FURNITURE AND FDnftn 0 1 1 0 I
97-1072-06 6 (G)LAND PURCHASE 70 0 TO 0 70
07-1032-07 16 (0 LOCAL AREA NETWORK COMMUNICATIONS (OPTIONAL! 0 76 75 0 76
07-1032-06 10 (Q MISC FISEROPTIC PROJECTS (OPTIONAIJ 0 126 125 0 125
TOTAL 1900-07 ELECTRIC SUBOTATK*d - N2o ♦40 61,x07 60 61057
97-1033-01 10 (14 EN00aERINO APFUCATION INTEGRATION 0 26 Its 0 26
TOTAL 1000-97 ELECTRIC E4 3N MRM to 025 626 60 626
97-1064-01 0 (0) METERS 6 ASSOCIATED EQUIPMENT 60 6220 6220 60 5220
97-1034-02 1 (T) REMOTE METER REAOING DIPANSON 0 70 16 0 70
97-1034-03 20 (G)UNNNTUMPt1IUPOWER SUPPLY 0 t0 10 0 16
07-1034-04 7 (Q MULTI- METER TESTER 0 16 16 0 IS
TOTAL 1996-97 ELECTRIC METER FIELD SERVICES 60 on 6326 60 6326
s
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1997-2001 CAPITAL IMPROVEMENT PLAN
ELECTRIC UTIUTIES
PROJECT TOTAL TOTAL
PIIOJwT WNfl CCUNRENf U U'ry AIO-Nf ' Fg6J11.v" .
INUMBEIR GA PROJECT NAME OOt1T FUNO MOM FLM00>I CONGTN COtT
07-1042-01 20 (N} VIDEO EDITING ENHANCEMENT PACKAGE
97-1042-02 14 (N) FURNITURE AND FIXTURES t0 0 i10 t1 1 t0 110
1 1 0 1
TOTAL 1000-97 ELECTRIC CUSTOMERNFORMATION t0 i11 t1I t0 t11
97-1061-01 14 (G)MISOOFFICE EOUIPrjTVRNfTURE t0 $25 $25 t0 on
TOTAL 1999-97 ELECTRIC ADM94ISTRATION t0 t26 t26 IO U5
97-1061-0I S (N) COMMUNICATIONS EQUIPMENT t0 t20 $20 $0 S20
07-1001-02 t6 (R) REPLACE VINTAGE RADA REPEATERS 0 16 1$ 0 IS
07-1061-03 10 (R) UPGRADE UTILITY DEPARTMENT LAN SERVER 0 12 III 0 12
97-1001-04 1I (N) PERSONALCOMPUTERTRAMWOAREA 0 20 20 0 20
TOTAL 1006-97 COMMUNICATIONS 1O so 109 t0 $0
TOTAL 1006-97 ELECTRC DEPARTMENT {1143 S4,WS ",448 $73 16,521
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1997-2001 CAPITAL IMPROVEMENT PLAN S/1 4I96 /I:68
WATER UTILITIES
TOTAL TCYAL TOTAL
LMLnu POCINICT BOND U` utv AM-M tT{C.it. VW
an PROJECT NAME COST FjII6D RRRRYIMNI > RTIIOIN3 OONet11. CObi
97-0460-06 13 (119 MISCELLANEOUS OFFICE EOVMANTM)FINIEURE 10 64 64 10 44
TOTAL IM-97 WATERADMINISTPATpH 90 $4 $4 6o
07-0490-01 14 (0) LAND KW.14ASES FOR LAKE tEWISVILLE RAW WATER PUMP STATION 806 "6 8o 606 80 143
97-0460-02 13 (RI OFFICE FINWRUREANDEQUIPMENT 60 N $4 1o 66
97-OW-03 14 (A) TOOLS AND EOLWM04T " 40 66 $G $S
97-0400-04 14 (fl) CHEMICAL FEED AND PROCESS CONTROL EQUIPMENT " 610 110 60 a1 a
07-0400-06 16 (8) DISINFECTION SYSTEM MODIFICATION 6226 6226 8o 6220 60 1226
07-0160-08 3 (0) Z MG ELEVATED STORAGE TANK 831826 6270 60 1770 80 St10
07-0460401 1 (G) RAY ROBERTS WTP AND RAW WATER FACLITIES (1918) 618,716 " 8o " 60 00
97-0480A03 2 (G) BOOSTER STATION AND SYSTEM TIE -IN 610,477 S0 10 W 60 60
07-0460007 1 (G) FINISHED WATER TRANSM189KN4 LINE (1001) ",117 " 80 SF4 Rl 10
97-04001D1 3 (0) ELEVATED STOWE FOR THE UPPER PLANE "40 830 W 660 - " S60
TOTAL 1090-07 WATER PAOOUCTION "30 121 ml to 1661
07-0461-01 6 (O) OVERSIZE WATERLINES 6100 60 Poo " 1100
07-0461-01 13 (R) OFFICE FURNITURE AND MACHINES " 13 63 " 13
07-0491-06 9 (0) WATER TAPS, LOOPS " 667 167 "4 6161
97-0401-04 0 (R) REFL. FIRE RIYDRANTS A VALVES " W3 633 60 633
97-0401-06 4 (Ip (1007) ECTOR M A 1C UPGRADE SCRIPTURE TO LIM OER/RY 6660 640 6o " 8o 644
97-0161-06 6 (R (1001) FIELD SERVICIES REPLACE WATE.RLINE$ " 1200 8200 6o 1200
97-0461-07 6 (R) REPLACE WATERLINES - MYRTLE 8280 10 616 616 W 116
07-0401-06 7 (O) DEVELOPMENT KAN WATERI NSS 60 1760 $260 8o 6260
97-0401-11 10 (0) 1-36 WATERLINE NA30 5760 10 l260 W I=
97-0461-13 17 (3) STATE HIGHWAY 377RELOCATKW 6604 6o 1966 5266 W 1766
97-0461006 3 (R) REPLACE MISCELLANEOUS WATERLINES - BOYD $100 " H6o 1160 b 1130
07-046t000 4 (0 DISTRIBUTION SYSTEM UPGRADE (KZRIEY) 11,473 61404 SO 11,004 " 11,004
97-0461012 17 (8) STATE HIGHWAY 360 RELOCATION 64400 6637 " 6637 80 1637
` 97-0401H06 6 (R) REPLAP.E WATERLINES - LAURELWOOD $49 8o $164 6164 60 II54
TOTALIKS-97 WATEROSTA11KMON 14496 S1,127 13,103 04 63,246
07-OW-01 9 (R) WATER METERS SO 6130 6129 80 1129
97-0409-09 13 (A) OFFICE FURNITVREMNO EQUIPMENT to 01 S1 " 61
97-0482-05 0 (6) MISCEUµEOUS EQLWMENT " Ne 616 SO 116
97-0182-04 12 (R) OFFICE MACHINES 80 61 $1 80 _ 1
TOTALIM-97 WATERMETERREPM 80 1140 6146 " 6146
07-0403-01 9 (6) FIELD EOUIPMENT " N 81 " $1
97-0463-OQ 13 (R) OFFICE EQUIPMENT A FURNITURE to N 81 80 81
07-0443-03 12 (R) OFFICE MACHINES 80 SO $6 " SS_ TOTAL 1004-67 WAMEN31NEEPM so 810 No so 810
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c
1997-2001 CAPITAL. IMPROVEMENT PLAN W14w91i;~
WATER UT%JT9FS
~01A1 '
YOTAI
PRO SECT TOTAL 1~01O~96CT low) tbf1~llq! - UTLhV 'A6419 Fliki i. Y All
INUMO:M,
OA P1AJOCT NAOAE OOiT WSIQ IIRV~IUi' liMONq OONiTT1 ' 00~~`
97-0400-01 10 R LABORATORY EOLOMENT 90 014 914 60 $14
07-0400-02 10 M MASS SPECTROMETER S14 90 $14 SO 914
97-0400-03 14 (T)LAWFURMMAC LMR !0 $4 S6 p 96
TOTAL 1900-07 WATER LA80RATORY 914 910 969 90 Sw
TOTALIOW-97 WATEROEPARTMEHT $2,005 SIX? 93.962 994 $4.000
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U
OC
1997-01 CAPITAL.. IMPROVEMENT PLAN 8/104/081&40
WASTE WATER UTILITIES
TOTA4 TOTAL, TOTAL
phO.IECT pry lOIO C1!lrllK 01Y AMA-MI : HNQ+ILYEM.
1lussroEll oA w4w= NAPE a ca
91-0461-01 13 (wunca:wNE"OFFICE IDOUIPMENT/M"ITURE $0 s+ ss w 64
TOTAL 1006-97 WABTEWATEAADM!!. w w 64 64 w 64
07-0470-01 1 (104 FENCNNG w in 1126 w 828
07-0470-09 3 (R) LIFT STATION IMPROV w 620 so w sm
97-0470-0S 3 (R) VARIABLE SPEED DR $0 $26 826 so $25
97-0470-0 1 (S) OPERATION PROCESS EOUIP w 826 as so we
97-0470-06 3 (R) LIFT STATION RENOVIOOOR CNTRL w 828 826 w 826
07-070-00 3 (Fp LAND PURCw►BE w 826 826 w $26
97-070-07 1 (N) PLANT TRAINING FAC w no $20 w 820
97-0470-08 1 (8) SEPTIC WASTE OUMP $B6 w 866 w $66
07-0470-00 1 (8) FAZAROOUS WASTE STORAGE BO W. sm to $26
07-0470-10 1 (R) PENN VALLEY PUMP w $12 $12 w 812
07-070-11 1 (R) ABANDON (OO-ED LS) so $6 M w SS
07-0470-12 1 (T) RADIO EQUIPMENT $0 w 841 w of
97-0470106 2 (8)WWTPUPGRADE -21 MOO $13040 8200 w $200 $0 8200
TOTAL 1008-97 WATER RECLAMATION $13.040 8206 $213 5468 $0 "a
97-071-01 7 (G) OVERSIZE SEWERILINES 8100 w $100 w $100
97-0471-03 9 (G) SEWER TAPS w w so $60 $60
97-0471-0 B (0)MNIELOPMENTKANSEWMMES w $280 $260 w 8260
97-0471-06 4 (0) (190'7) UPGRADE INTERCEPTOR S N CORRECTION $750 $36 w 136 w w6
I7-0471-00 8 INFILTRATION INFLOW INVESTIGATION {226 w 8226 w 1226
97-071-07 B (rpMANNOLEUPROVEMENT w $190 $180 w 1180
9T-0471-00 6 (R) FED SUMOE SANITARY SEWER REPLACEMENT w 830 No w sw
07-071-10 6 (R)(IWnCLEVELAND ST.SEWERAECANGRIM CROSSING 5246 so $14 $14 w $14
97-0471-13 16 (R) FORT WORTH DRIVE SEW M INE RELOCATION $0 $264 $264 w 5284
07-071011 16 (114 WY, 390 SEWER LX* RELOCATION $$02 $146 w $146 w $146
97-071 NOS 4 ($1998 UPGRADE INTUMM"OR S N CORRECTION $317 $301 w $301 w 11X1
07-0471 N1o 6 (R) (1908) REPLACE SEWEALWE - ARICNEII TAIL $200 so 5278 S27S w 5278
97-0471N11 s COOPERORE Ll"STATION $4.476 $2,1o0 w 52,100 w $2,100
07-071 N12 S DENTON WEST FORCE MAIN _ S3s2 Ssor $0 Sw p---m
TOTAL 1998-97 SEWEROOLLEOTION $7.301 $321$ $1,096 KM $w $420
97-072-oR 13 (p OFFICE EOLVMENT a RIWMURE w $1 $1 $0 81
97-072-03 14 (1a SEWER VIDEO CAMERA $0 N2 $12 so TOTAL 1908-97 WASTEWATER ENGINEEPM to w W $13 $0 ssit
Is
611 /1/S 16:45
Tp1A1
TAL
1997-01 CAPITAL iMroBOVEMENT PLAN
WASTE WATER UTILMES pry 3
to
MST GAPT to $0
is
io w N
10 (T1 MASSsPECTOPMEM e0 $64
0r-~1-01
0/-0481 -02 14 ~ FLM4ACFJA""T {S6 $0 w
y7-0491-03 12 (TIpIYNPORMASIGN MOMT TOTAL199S SYSTEM -97WASTAM LAS011AT0111 so i10
10
$0 $10 i10
1o i20 so
p 01 10 l81 sA~ Ea1 t, i0 to i20
_wsi- to cw era+~E elxn*4 lw ~w~cE
OT-0485-02 TOTAL 1955-01 PAETFIEATMENT - $j 06 NAOS wV u MS
WAITEWATENOE7'MSMENT 120161 i71,62~
TOTAL 1996-07
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a+
ov
1997-2001 CAPITAL IMPROVEMENT PLAN
SOLD WASTE OWNS
TOTAL TOTAL TOTAL '
PPIOdECT MOJw wo NxM aff CITY FWAL"
fi)ND
UMNO IL GA PROJECT KJA*
97-0000-01 3 (R) MISCEL. OFFICE SUPPORT EOUIPMOVT 6o $2 02 Sa 62
97-OWO-02 2 (T) MWEL COMPUTER HARDWARE AND SOFTWARE 60 SO sd /o $6
97-0000-03 13 I6 OFFICE REMODEuw2 $0 $3 63 6o 63
TOMIM-97 SWADWOTRATION $O 613 S13 So $0
97-0001-01 3 (F4MISCELLANECUSOFFICE E%WMENT So 64 $4 So $4
97-0001-02 2 (P4 MISCELLANEOUS COMPUTER HARDWAPEAK*IWARE to $5 f6 so S6
97-OWI-03 2 (M ROUTE AUTOMATION so on 626 /o 326
TOTAL1996-97 8WRESIDERrAL 9o $34 Sm w 6s+
97-OOM-01 1 (N) COMMUNICATION SO $O so SO
97-0002-02 6 (QDVMPSTERSCRETUM40 to 611 $8 So 86
97-O9o2-03 13 (VG) COMMERCIAL FACKM IMPROVEMENTS so 636 639 So W6
97-OON-04 6 IR) RENUMKFW40 MAOPSTERS 60 $a $4 So 66
97-o902-06 6 IN/% REPLACE MISCELLANEOUS DUMPSTER6 s9 676 673 676 6160
97-0502-06 2 (1) WORKORO,ER AUTOMATION So S2o sm so 920
97-OSM-07 13 (Iq MISCELLANEOUS TOOLS ANDEOWPM ENT So 616 ITS So 616
07-0002-09 2 (14 MISCELLANEOUS COMPUTER HARDWARE AND SOFTWARE /o 66 to 90 SS
07-0002-00 2 (M ROUTEAUTOMMTION /o 616 S46 so 646
07-0002-10 13 (14 VEHICLE CHECK POINT 60 67 87 $o $7
07-0002-11 13 (R) M W EIAMEOU6OFFICE EOUIPMENT AND FURNITURE 60 93 63 SO 63
97-0002-12 2 (Wr) ROUTE DATA COLLECTION SYSTEM 60 613 613 SO N3
TOTAL 1000-97 SW COMMERCIAL SO 5237 6231 676 RS12
07-0903-01 7 (1) dROPEATYACOUISRION FOR LANDFILL 61,000 so S1,ooo so 61,000
97-000OM 9 (0) PHASE 1 LANDFILL CONSTRUCTION 63,231 90 63,231 So 63RS1
07-0006-03 4 (0) SUFFER ZONE S290 So 6260 w 6290
97-0606-04 4 (0) WATER LINE - MAYHILL-SPENCER TO EDWARDS 6226 60 6226 60 6225
07-0003-06 3 (R) MISCELANEOUS OFFICE FURNITURE AND EOLVMMEN7 60 616 916 SO 61,0
97-0003M 4 (S) METHANE COLLECTION SYSTEM S" $O S7o /o J ?o
TOTAL 1909- 07 6W DISPOSAL - $4.776 616 $4.791 w 1+191
07-OW-02 3 (IQ MISCELLANEOUS OFFICE SL"ORT EOUIVMMENT so 61 91 60 61
07-0004-06 I I (I)RECYCLING ORE IOPROVDMEWS 9o 62 62 So $2
07-0004M 10 (0) INTERMEDIATE PROCEJSO40 CENTER DESIGN 5200 60 5200 W kvo
07-0004-06 11 (RR4 T1EcYCUNO OONTANERS 6o 632 S32 w 639
97-0904-05 I (N) R40M 60 62 S2 So i2
TOTAL 1900-0 SW RECYO NO 5200 $So 6230 60 Sm
TOTAL 1900-07 SOLID WASTE 94 070 9336 0,311 675 96.306
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1997-2001 CAPITAL IMPROVEMENT PLAN
FLEET SERVICES
TOTAL
PROJECT P Ct s10MD awmiIT wry, ALO-N - OTHER PROJ90T.
fNUM9EA GA PROJECTNAYE QOdf 0.rJD fOMKi CONfTN : CQ9T''
97-0660H01 6 MOONSTAUCTNEWFLEETSERVICE CENTER $1 A00 so so 01,000 so f1A00 $1,000
97-osso-ot 1 RPEABONALCOMM ER 2 0 2 2 0 D 2
97-0600-02 4 (FR) AIR- WACT WRENCH 2 0 2 2 0 O 2
97-0660-03 6 CQ EMSSION OONTFIOL EQUIPMENT 8 0 6 s 0 0 6
TOTALIM-97 FLEET SERVICES - V@iICLEMAW, M so $12 $1.012 s0 61AW St.012
97-0661-01 4 (FQCUTOFFSAW 14 40 $4 $4 so 90 64
97-OMB1-02 4 (FpINSD$NGEQUIPMENT 3 0 3 3 0 0 3
TOTAL 1NO-97 FLEET SERVICES - MAC1194E SHOP $7 so i7 67 so so $7
97-0663-01 1 (Fp PERSONAL COMPUTER $2 so 62 $2 fo so $2
97-0663-02 L (0) OFFICE FURNRURE 2 0 2 2 0 0 2
97-0663-03 6 M ALITOM4AT® FUEL WVDn*W CONTROL 3 0 6 6 9 0 6
97-0463-04 s (e) OVERFILL PREvvffK t FOR UsT. s o 3 3 O 0 3
TOTAL 1996-97 FLEET SERVICES - PARTS A FUEL 616 so $16 $1 s to $0 116
TOTAL 1996-97 FLEET SERVICES 28 0 54 1,034 0 1,000 1,064
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AQende No,~i ►-~~-.3-9-
Agenda Item
Date__~
CITY of gENTON, TEXAS MUNICIPAL BUILDING 215 E. MCKINNEY a DENTON, TEXAS 76201
(49 17) 566-8200 v DFW METRO 434.2529
MEMORANDUM
DATE: September 10, 1996
TO: Honorable Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance,
SUBJECT: DENCO AREA 9-1-1 FINANCIAL PLAN FOR 1997
Attached for your review and approval is the financial plan for the DENCO Area 9-1-1 District.
Each year the District submits its yearly plan for approval. Mike Pedigo, Executive Director
for DENCO, will be present at the Council meeting on the 1Ts to answer any questions you may
have.
la i
AWmcw
AFF012DJ
it
"Dedicated to Quality Sen ice"
F
A:\3'~GET.911
RESOLUTION NO.
A RESOLUTION APPROVING THE FISCAL YEAR 1997 FINANCIAL PLAN OF THE
DENCO AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY
CODE, CHAPTER 772, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton has been pre-
sented the fiscal year 1997 Financial Plan of the Denco Area 9-1-1
District for approval, in accordance with TEX. HEALTH & SAFETY CODE
§772.309, as amended; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTION. That the City Council of the City of Denton hereby
approvis the fiscal year 1997 Financial P
1 District. lan of the Denco Area 9-1-
SECTION II. That this resolution shall take effect immediate-
ly from and after its passage.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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DENCO AREA 9 - 1 - 1 DISTRICT
250 S. Stemmons, Suite 260, Lewisville, Texas 75067
Phone/TDD (214) 221-0911 FAX (214) 420-0709
Y
TO: Participating Cities
r
FM: Mike Pedigo, Executive Director
DATE: August 7, 1996
RE: Fiscal year 1997 Financial Plan
Enclosed is a copy of the Denco Area 9-1-1 District's Fiscal Year 1997 Financial Plan. The plan
was approved by the district board of managers at its August 1, 1996 regular meeting.
Section 772 of the Texas Health and Safety Code requires participating jurisdictions approve the
district's budget each year. I request your council consider the enclosed plan prior to the end of
September, 1996. A sample resolution is enclosed for your use.
If you have any questions, please do not hesitate to call me at (214) 221-0911.
Enclosure
csf
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DENCO AREA 9 - 1 -1 DISTRICT
250 S. Stemmons, Suite 260, Lewisville, Texas 75067
Phone/TDD (214) 221-0911 FAX (214) 420-0709
N
Dear Denco Area 9-1-1 District Customer:
You will see as you review this year's budget that the Denco Area 9-1.1 District has wisely
utilized the funds that you have entrusted it to provide not only for your flawless 9-1-1 system,
but to plan for the future. This last year saw ,n upgrade to the switching network that was paid
for from District funds and this coming year will see additional capital items addressed. Among
those are a new administration and training center for the District, a rural addressing and G1S
project, the continuation of emergency medical dispatch classes for members of the District, and
improved training for the Public and the vital employees that answer the 9-1-1 calls throughout
the District.
Please do not hesitate to contact any of your board members or the staff of Denco if you have any
questions about this budget. We are proud to present you with this document that shows our
ability to continue to provide first class enhanced 9-1-1 to over 330,000 people at one of the
lowest costs in the nation. A combination of planning and an excellent staff has made this
possible.
You will eventually be asked for approval of this budget by the governing body of your local
government. Should you so desire, we can have board members or staff present at that meeting
to answer any questions.
Thank you for your time in reviewing this document and for the confidence that you display in the
District's provision of services. We stand ready to serve you day in and day out for years to
come.
Sincerely,
Chief George "Ran " Corbin, Chairman "
Dr, Allen Groff, Vice-Chaff an
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Mayor R live Stephens, ecr_eta n~~~--
ry (C-hFrank
lin
t
Ober[ D. Stephens
Denco Area 911 District Board of Managers
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DENCO AREA 9 - 1 -I DISTRICT
250 S. Stemmons, Suite 260, Lewisvilfe, Texas 75067
Phone/TDD (214) 221-0911 FAX (214) 420-0709
M
August 1, 1995
Dear Participating Jurisdictions:
The following Denco Area 9-1.1 District Fiscal Year 1997 Financial Plan was approved
by the district's Board of Managers at its regular meeting this morning. Section 772,
Texas Health and Safety Code, requires, In addition to board approval, the budget to
be approved by the majority of participating cities and the county before it Is effective.
The budget Is planned to become effective October 1, 1995.
Please note that the enclosed budget includes a substantial Increase In revenues and
expenditures as compared to the current riscal year's budget. The major increase in
revenue will be from GTE's failure to bill the emergency service fee to some of its
customers over the past four years. The legislation requires the billing and the district
board has directed GTE to collect those fees. In addition, Denco wilt receive revenues
for contractual services for the Denton County Commissioners Court for the completion
of the rural addressing project.
Expenditures are increased greatly because of the completion of the district's office
and training facility and the replacement of PSAP equipment. The new facility Is
scheduled to be completed in December 1996. The budget affords for the furnishing of
the facility with furniture and equipment required to provide training and support for
district activities.
The financial position of the Denco Area 9-1-1 District Is positive. The district has
forcasted its needs through fiscal year 2001 (Schedule 4) and Is In a position to meet
those needs with the current service fee rate. The three percent rate (capped at $0.27
for residential, $0.71 for business and $1.13 for PBX trunks) is the same the district
began collecting in 1958.
On behalf of the Denco Area 9-1-1 District Board of Managers, I request your governing
body consider favorable approval of the district's fiscal yeas 1997 financial plan.
Thanks for considering this request and thanks for your continued support of the Denco
Area 9-1-1 District.
Sincevely,
/ ld~
Mike Pedig/
Executive Director
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SECTION 2
FISCAL YEAR 1997 PLAN
District Overview
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DENCO AREA 9-1-1 DISTRICT
District Overview
Backeund information
What is E9-1.1?
Enhanced Nine-One-One (E9-1-1) is a single, easy-to-remember number used when reporting
emergencies to fire, police and emergency medical service providers. The E9-1-1 system,
operational in the Denco Area 9-1-1 District, is designed to automatically route any 9-1-1 call,
placed from a telephone instrument (including wireless) within the district's geographical
boundaries, to the proper public safety answering point (PSAP) responsible for dispatching
emergency services to the caller.
9-1.1 Terminoloav
9-1-1. Nine-one-one. An easy-to-remember, easy-to-dial three-digit emergency telephone
number developed to provide citizens a reliable, fast and convenient way to access fire, police,
or medical service providers in the event of an emergency.
District. Denco Area 9-1-1 District. The entity that provides enhanced 9-1.1 service in
Denton County, was formed following an August 1987 special election in which 81% of the
voters favored its creation. The district is governed by a board of managers appointed by
participatingjurisdictions. The district serves Denton County and that portion of Carrollton in
Dallas County.
9.1-1. Enhanced 9-1-1. The system that is operational in Denton County providing selective
routing, ANI and ALI (defined below), Currently, technology is not available to provide the ANI
and ALI of cellular callers.
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District Overview
Page 2
91S. Geographic Information Systems. The technology used to develop the mapped display
of Denton County. In 1997, the Denton County and training PSAP will have the ability to
identify callers' location with assistance of a graphic display of the county.
PSAP. Public Safety Answering Point. The location of the equipment used to answer 9-1-1
emergency calls. The following are the eleven (11) PSAPs that currently answer 9-1-1 calls in
the Denco Area 9-1-1 District:
City of Carrollton Police Department City of Lake Dallas Police Department
City of Denton Police Department City of Lewisville Police Department
Denton County Sheriffs Office City of The Colony Police Department
Town of Flower Mound Police Department University of North Texas Police Department
City of Highl.:r, I Village Police Department Texas Woman's University Police Department
City of Roanoke Police Department
SR. Selective Routing. The system that provides automatic routing of 9-1-1 calls based on
the caller's location to the appropriate PSAP without the caller having to determine which public
safety agency to call. In 1996, the district installed a new digital selective routing system, giving
it the ability to transfer and receive transfer of 9-1-1 calls throughout the metroplex.
ANI. Automatic Number Identification. The feature that allows the caller's telephone
number to be displayed on a console at the PSAP.
ALI, Automatic Location Identification. The feature that allows the caller's name and
address to be displayed on a screen at the PSAP.
Database. The information accompanying a 9-1-1 call at the PSAP. The information
provided is the caller's name, address and telephone number, as well as the emergency service
providers designated to respond to the caller's address. In 1997, the district will be developing
a database capable of providing a mapped display of the caller's location.
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District Overview
Page 3
Public Safety Telecommunicator. The individual answering the 9-1-1 call; trained to
communicate with persons seeking emergency assistance and with agencies and individuals
providing such assistance.
Benefits of E9- t • 1
fl.c E9-1-1 system has enhanced the ability of emergency service providers to save the lives and
property of citizens in the Denco Area 9-1-1 District. Some of the direct benefits of the
emergency communications system provided by Denco are the following:
Only one three-digit number (not many seven digit numbers) to remember in an emergency
situation.
The 9-1-1 call is routed to the proper agency responsible for dispatching help to the caller.
- 9-1-1 calls are answered by trained telecommunicators. (In the Denco Area 9-1-1 District,
telecwmmunicators are trained to provide emergency medical dispatch, thus reducing response
time for medical emergencies.)
Telecommunicators have the equipment and training necessary to communicate with
hearing/speech impaired callers.
- The caller's name, address and telephone number, as well as the proper fire
emergency medical service designated to respond to the caIlcr's address, is automatically
provided to the telecommunicator, thus reducing total response time. In the event the caller
is unable to speak, the telecommunicator has the ability to dispatch help to the caller's location
that is provided by the E9-1-1 system.
ANVALI information provides a means to control and reduce prank calls.
The public education programs associated with E9.1.1 promote citizen awareness and
involvement with emergency service providers.
The E9.1-1 system enhances local governments ability to meet the ever growing public
expectation of emergency services created by popular television programming.
• The E9-1-1 system is designed to allow PSAPs the ability to directly transfer a caller to another
public safety agency or poison control center.
The E9-1-1 system will identify calls from cellular phones, advising the telecommunicator to
ask proper questions to determine the location of the emergency.
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District Overview
Page 4
Legislation Structure of the Denco Area 9-1 -1 District
During its 1985 legislative session, the 69th Texas Legislature passed Article 1432e (Section 772,
Texas Health and Safety Code), Emergency Telephone Number Act, which provided for the
creation, administration, expansion, funding and dissolution of emergency communications
districts in certain counties in Texas. The Emergency Telephone Number Act is the legislation
under which the Denco Area 9-1-1 District operates.
Purpose
Section 772.302, Texas Health and Safety Code states the purpose of the Act to be the following:
To establish the number 9.1.1 as the primary emergency telephone number for use by certain local
governmersts in this state and to encourage units of local gm cmments and combinations of those units of local
Sm-emment to der•elop and improve emergencycor=unication procedures and facilities in a manner that Hill
make possible the quick response to any person calling the telephone number 9-1.1 seeking police, fire,
medical, rescue and other emergency services.
Creation of Denco Area 9.1-1 District
On August 8, 1987, Denton County held a special election to confirm the creation of the
Emergency Communications District of Denton County and authorize a 9-1-1 emergency service
fee, not to exceed three 0%) percent of the base rate of the principal service supplier per service
year per month, to be charged by the district for the purpose of establishing E9-1-1 in Denton
County. By a margin of 13,086 to 3,024, the voters favored the creation of the emergency
communications district. After the special election, the city and county governing bodies within
Denton County passed resolutions of participation. The resolutions stated that the city or county
would become a participating jurisdiction in the district pursuant to the provisions of the
Emergency Telephone Number Act.
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District Overview
Page S
The participating jurisdictions of the district are the following
Argyle Ha.kbem' Little Elm
Aubrey Hebron Marshall Creek
Bartonville Hickory Creek Nprthlake
Carrollton Highland Village Oak Point
Copper Canyon Justin Pilot Point
Corinth Krugenille Ponder
Corral City Krum Roanoke
Cross Road; Lake Dallas Sanger
Denton Lakewood Village Shady Shores
Double Oak Lewisville The Colony.
Flower Mound Lincoln Park Trophy Club
Unincorporated Denton County
On December S. 1987, the district's board of managers ordered the levy and collection of the
emergency fee to commence with the January 1988 billing cycle. The board ordered the service
fee, collected by the telephone companies, to be charged at a rate of three (3%) percent of the
base rate of GTE Southwest, The emergency service fee for basic levels of telephone service
charged to customers in the district were capped at $.27 for residential customers, $.71 for
business customers and $1.13 for thinks. (The same cap remains in effect today.) On June 28,
1988, the board of managers named C Emergency Communications District of Denton County,
Denco Area 9-1-1 District.
Structure
Board of Managers. The board of managers is the governing body for t!ie Denco Area 9-1-1
District. The board is appointed by the county, participating cities and the Denton County Fire
Chiefs Association. The current board of managers is made up of the following members:
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District Overview
Page 6
Aoard Member ere en
Chief George R. (Randy) Corbin, Chairman Denton County Fire Chiefs Assoc.
Dr. Allen Groff, Vice Chairman Denton County Commissioners Court
Mayor Olive Stephens, Secretary Participating Cites
Chief Don Franklin Participating Cities
Ro'oert D. Stephens Denton County Commissioners Court
Melvin Willis 07 E, Advisory
Board members serve staggered two-year terms and are eligible for reappointment.
The Emergency Telephone Number Act states "the board shall manage, control and administer
the district. The board may adopt rules for the operation of the district," The legislation also
allows the board to appoint a director of communications (executive director) for the district who
serves as its general manager. The director, with approval from the board, provides for the
service necessary to carry out the purposes of the Emergency Telephone Number Act.
Operations. The Denoo Area 9-1-1 District's staff is responsible for performing all the duties
that may be required for ;he district to accomplish its mission within the framework provided by
the board. The district has seven staff members. The organizational chart of the Denco Area
9-1-1 District is' he following:
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District Overview
Page 7
Participating Jurisdictions
FBoard of Managers
Executive Director
istrative
Adminisrativa-[fSe:cretary
Assistant Operations Manager Public Education/
Training Manager
GIS Coordinator Eu:ral Addressing
chnician
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District Overview
Page 8
Mission. Goals and Objectives
Mi ss: on
The Denco Area 9-1-1 District has defined as its mission:
To establish and maintain 9-1-1 as the primary emergency telephone number for the Denco Area
9-1-1 District and enhance the ability of local governments to respond to calls for emergency help.
Goals and Objectives
Each of the operational areas of the Denco Area 9-1-1 District's organizational structure has an
identified goal and a list of specific ongoing objectives rey; i%,I to accomplish the goal. The
achievement of these goals will assist the district in accomplishing its mission.
Board of Mana ers. The board of managers' goal is to provide the policy, direction and
control mechanisms necessary to assure that the Denco Area 9.1-1 District accomplishes its
1
mission within the financial resources provided by legislation, Ongoing objectives are the
following:
- Represent the interests of member jurisdictions, emergency service providers and users in
defining district's mission, goals and objectives.
- Provide the policies and direction required to set a definite course for decision making.
- Monitor the financial position of the district to assure compliance with the approved financial
plan and to assure long-term stability.
- Evaluate requests for system upgrades, enhancements and capital expenditures; insuring that
the board's action falls within the scope of the district's financial plan and mission statement.
- Evaluate the effectiveness of the executive director in managing the operations of the district
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District Overview
Page 9
Administration. The administration goal is to manage the Denco Area 9-1-1 District in an
objective, efficient, cost effective and responsive manner. Ongoing objectives are the following:
- Administer the Denco Area 9-1-1 District, and the public funds entrusted to it, in a manner
that assures compliance with applicable legislation.
- Implement the directives and policies of the Denco Area 9-1-1 District Board of Managers.
- Provide 9-1-1 service in a cost effective manner through research, planning and efficient use
of9-1-1 service fees.
- Monitor legislative issues that may have impact on the funding and/or operation of the
district and take appropriate action to protect the interests of the district.
- Represent the district at appropriate local, state and national meetings.
- Prepare and manage the district's financial plan in a manner that is responsive to the needs
and desires of local public safety agencies, yet provides long-term financial stability.
- Evaluate the effectiveness of district staff in accomplishing individual and district goals and
objectives.
- Remain abreast of changing technology that may provide short-term and long-term
enhancements to the network and keep board advised of changes that may affect district
operations.
- Represent Denco in the discussions and negotiations with parties wishing to contract for
services with the district
- Actively encourage communication and interaction among emergency service providers,
member jurisdictions, community groups and the Denco Area 9-1.1 District.
- Prepare and distribute monthly board of managers agendas, providing the board with the
information required to make informed decisions.
Public Education. The public education goal is to inform potential users about the availability
and to promote the proper use of the 9-1.1 system, Ongoing objectives are tbP following:
- Design and implement effective 9-1-1 public information and education programs that focus
on the specific needs and special interests of targeted groups, including those with
communication barriers.
- Seek opportunities for presentation of 9.1-1 information through community outlets.
- Provide support, acknowledgement and recognition of the significant contribution made by
district telecommunicators.
- Assist with the development of school curriculum materials concerning handling of
emergency situations.
15
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District Overview
Page 10
Trainin . The training goal is to provide a program that enables PSAP personnel to effectively
use the 9-1-1 system. Ongoing objectives are the following:
- Evaluate emerging technology and its impact on training needs.
- Offer initial and ongoing training for district telecommunicators on a regular basis with
attention to special needs.
- Assure that training programs sponsored by Denco meet or surpass state and national
standards and provide telecommunicators with professional development opportunities.
- Develop, update and distribute training materials and information about training
opportunities.
- Monitor training issues, enhancements and trends; evaluating and recommending those
beneficial to the district.
Operations. The operations goal is to provide the most effective, reliable and technologically
advanced 9-1-1 system possible within the district's available resources, Ongoing objectives are
the following:
- Provide a dependable voice and data network that will, during normal peak demand, route
all 9-1-1 calls to the correct public safety answering point (PSAP).
- Monitor statistical data and error reports; recognizing a„y trends that may indicate database
or network problems.
- Monitor the use of the 9-1-1 system; identify, research and implement measures that make
the system more efficient and effective.
- Facilitate the flow of information between member jurisdictions, public safety answering
points and telephone companies in a manner that will achieve a database accuracy level of
not less than 99.5 percent.
- Evaluate the needs of each PSAP as it relates to the entire district and recommend systems
that match the PSAP's and district's requirements.
- Maintain a contingency plan that provides alternate routing for 9-1-1 calls during a PSAP
evacuation or system failure.
16
7
F
SECTION 3
FISCAL YEAR 1996 Review
Overview
Highlights
Budget Amendment
17
i
t
FY 1996 REViENV
Overview
The Denco Area 9-1-1 District approached fiscal year 1996 with a large slate of goals and objectives.
Two goals requiring much attention were the implementation of the digital selective routing system
and the development of plans and specifications for the district's office and training facility to be
completed by the end of 1996.
During the faC of 1995, the district completed the implementation of the first digital selective routing
system in Texas. The system was also the first to interface with other selective routing switches,
giving the Denco PSAPs the ability to transfer and receive 9-1.1 calls from throughout the metroplex.
The new network was also the first to be installed while operating an existing system. The district
was successful in completing the transition without missing a call.
On August 1, 1996 the Denco Area 9-1-1 District broke ground on its new office and training facility.
The district board began planning the construction of a headquarters in 1991. The 5200 square foot
facility will be located on a nine-tenths acre site at the corner of Princeton Street and Valley Parkway
in Lewisville. The building will house a 1200 square foot state-of-the-art training center that will be
used on a regular basis for telecommunicator training and public safety agency meetings.
In addition to the previously mentioned goats, the district signed a contract with Denton County for
the development of a county wide base map and the assignment of addresses in the unincorporated
portions of Denton County. The county has been working on the project for several years. The
contract requires the completion, or the maintenance phase, to be in place by October 1998. The
district plans to use the data developed during the project for mapped display at PSAPs giving the
location of 9.1-1 callers.
-9whlieht, I
Some of the accomplishments of the district during Fiscal Year 1996 are the following:
Provided the equipment, network and data for approximately 141,500 calls to the
9-1-1 network.
Coordinated with participating jurisdictions and telephone service providers the flow
of information to maintain a database accuracy of 99.6%.
Coordinated the implementation of Enhanced 9-1-1 service using private switches at
three new apartment comple.xes in the district.
Maintained an average turnaround time for correction of errors in telephone service
at 5 days.
Assisted the cities ofNorthlake and Cross Roads with addressing and coordinated the
flow of information to the appropriate telephone companies.
Completed district wide Master Street Address Guide compare with GTE and
Southwestern Bell
Deveioped a plan for addressing the unincorporated portion of Denton County.
Participated in a state task force dealing with private switch 9.1.1 issues
Coordinated the testing, implementation, and trainine for the new selective routine
network.
18
F
FY 96 Review
Page 2
Provided monthly statistics to PSAP managers documenting total number of 9-1-1
as, the usage of circuits, the frequency of calls from different telephone exchanges,
the dates and times of heavy call volume, the average time required to answer calls,
the number of abandoned calls and other pertinent management information.
Added a remote answering point at the Roanoke Police Department.
Recognized the accomplishments and dedication of telecommunicators from
throughout the district during National Telecommunicator Week (April) and 9.1.1
Day (September).
- Distributed 116 09-1-1 for Emergency" road signs to participating jurisdictions.
Designed and distributed "Use Your Head" end of the school year safety reminders
to 41,000 students, kindergarten through fifth grade.
Provided on site telecommunicator training to 130 dispatchers in conjunction with the
implementation of the new digital network.
Devised an incentive program to increase participation in Citizen Support Team of
TTY Users, making practice TTY calls at most answering points.
Sponsored and/or coordinated 80 hours of advanced training for telecommunicators
including Stress Management, Handling the Suicidal Caller, and Reducing Exposure
to Liability in the Dispatch Center.
Sponsored a trip to Odessa for three telecommunicators who were honored by the
state as "Silent Heroes" and Telecommunicator of the Year nominees.
Involved in 24 community events and health and safety fairs providing information
and hands on practice for reporting emergencies.
Delivered the 9-1-1 Laarning Units to 42 schools so that more than 4,100 preschool
and elementary age students could learn about emergency call procedures and practice
their 9-1-1 skills.
Provided basic telecommunicator equipment and procedure training and advanced
telecommunicator training on communicating with deaf and hearing/speech impaired I
callers for all new telecommunicators in the district.
Participated in development of a national mascot and campaign to educate 4-7 year
olds about when and how to call and what to say when using 9-1-1. Contributing
author of presentation guide for the Red E. Fox "Great 9-1.1 Adventure" program.
Published six issues of district's newsletter to inform city/county officials, media,
PSAP stall', and other readers about district news.
Acted ii formation of bilingual 9-1.1 education task force and served as liaison to
statewide educators group for the task force
i
Bud ,et_ Amendment
Due to the building project unknowns and the addition of the contract for addressing services with
the county, the district amended its Fiscal Year 1996 Financial Plan in August to better reflect
cFanues required by the projects. Also included in the amended budget is an increase in revenues,
primarily due to proceeds from debt issue for the building project.
Attached is a copy of the Summary of Anticipated Revenues and Proposed Expenditures for Fiscal
Year 1996 as amended
19
1
*s
S
r
i
DENCO AREA 911 DISTRICT FINANCIAL PLAN
(Amended)
nx tr~ .W wrne^`~ ~eao
IJCi FFINNER Q
F~P,;........
Q O [T
ca~il~D µ
Y*
BEGINNING OF YEAR FUND BALANCE
$455,675 $481,941 5,76°/.
ANTICIPATED REVENUES
9-1-1 Service Fee Revenue
Interest Revenue $895,067 $939,145 4.92%
Miscellaneous Revenue (Expense) $17,700 $18,949 7,06%
Contractual Services $0 $575 NIA
IQ $41.347 WA
TOTAL ANTICIPATED REVENUES
$912,767 S1,000,016 9.56%
PROPOSED EXPENDITURES
Personnel
Operations $247,125 $244,417
$100,999 1.10%
Direct Services $100,219 .0,77%
Capital Expenditures $622,414 $519,135 -0.53%
5252100 $367.835 45.68%
TOTAL PROPOSED EXPENDITURES
S1,223,038 $1,331,606 8.88°/.
REVENUES OVER EXPENDITURES
($310,271) (S331,590) 6.87%
END OF YEAR FUND BALANCE
IMM" Sj 50.351 °a
Note: Stated Fund Balance does not Include Investment It reflects ava liable cash to meet budgeted needs In Fixed Assets.
Fund Balance Includes both designated and non-designated funds.
20
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a •'1
Y
I
SECTION 4
FISCAL YEAR 1997 FINANCIAL PLAN
Strategies
Financial Plan Overview
Summary of Cost Classifications
21
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t
i
Denco Area 9-1-1 District
Fiscal Year 1997 Financial Plan
Strateeies
With the rapid changes in the telecommunications industry both at the state and national level, many
new challenges will face the Denco Area 9-1-1 District in fiscal year 1997. Among those are the
addition of growing number of telephone service providers competing for dial tone, the growing
number of companies offering different types of service in the wireless telephone industry and Federal
Communications Commission (FCC) adopting rules for the provision of enhanced 9.1.1 service for
wireless users, Immediate changes in area codes will require additional network planning to
accommodate all combinations of area codes and telephone system providers. As the district
monitors and prepares for changes in the industry as a whole, it has ongoing strategies that
immediately affect its service to the 330,000 constituents it serves.
Fiscal year 1997 will be a landmark year for the district as it completes the construction of its office
and training facility, offers telecommur icators the opportunity to evaluate equipment before purchase
and develops a graphical display ofa callers location. The district will also begin replacing 9-1-1
PSAP equipment with state-of-the-art, digital equipment.
In addition to the major projects listed, Denco has identified other strategies for accomplishing its
goals in specific areas.
Board of Manaeers
1. Evaluate requests for capital expenditures and system enhancements in a manner that
will be both responsive to district needs and consistent with the financial plan.
2. Provide direction for ongoing, long-range planning for the Denco Area 9-1.1 District.
3. Be represented at the annual meeting of the National Emergency Number Association.
4. Evaluate equipment needs for training PSAP and make provisions to accommodate
those needs.
5. Monitor litigation concerning the remittance of emergency servic : fees by wireless
service providers.
6. Monitor legislative activity, taking appropriate action to protect the interest of the
district and its constituents.
7. Evaluate possible requests from other jurisdictions wishing to participate in the
district.
Administration
1. Provide all the information necessary for boa;d of managers to make informed
decisions.
2, Make recommendation to board of managers on capital expenditure and system
enhancement requests based on specific need and financial impact.
22
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FYI997 Strategies
Page 2
3. Evaluate emerging technology for PSAP equif.nent and recommend a plan for
equipment replacement to the board ofmanage,s.
4. Implement approved Records Management Plan.
5. Evaluate bids for professional services and capital outlay items, associated with the
move to the new facility, to insure thn district gets the best service and product for the
price.
6. Coordinate the completion of and the move to th! new office and training facility.
7. Monitor legislative activity, keeping the Board of Managers and PSA.Ps informed as
to mstters affecting the continued operation of9-1-1 service.
Egli Ed cation/Trainin
I, Support the rural addressing project by posting maps at post offices, litraries, and
other public areas and developing a campaign to encourage the display of new
addresses.
2. Continue efforts to inform the bilingual community about 9-1-1 services including
information on translation services.
3. Design, equip, and promote the district's training facility for use by eJ district area
public safety entities.
4. Continua to provide staff support to PSAPs participating in the emergency medical
dispatch quality improvement and continuing education programs.
5. Expand Citizen Support Team of TTY users program to make practice calls with all
answering points.
6. Publish and distribute six issues of the district's "Lightening Bolt" newsletter.
7. Develop informational brochure to answer frequently rsked questions regarding 9-1.1
and the district's mission and purpose.
oration
I, Monitor the 911-B forms, error reports, etc; identifying database problems and
insuring that proper maintenance procedures are in place.
2. Maintain a database accuracy of at least 99.5%
3. Manage the GIS department, insuring the district meets its commitments for the rural
addressing project in Denton County.
4. Develop a Mapped ALI database for implementation at the Denton County and
training PSAPs.
5. Coordinate the im^lemeraation and testing of all private switch 9-1-1 contracts.
6. Coordinate ,-.etwork changes required by new area codes, additional telephone service
providers and wireless companies.
7. Coordinate -he installation of new network and equipment and tr, ining PSAP.
S. Develop statistical package fcr new equipment that provides effective management
information for PSAP managers.
23
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1
F
Denco Area 9-1-1 District
Fiscel Year 1997 Financial Plan
Overview
The Denco Area 9-1-1 District Fiscal Year 1997 Financial Plan provides the
most opportunities, for service to the district to date. The district will incur a short
term debt to pay for the construction of its permanent office and training facility.
The state-of-the-art training facility will also serve as a live 9-1-1 answering point
with back-up power so that it can become an operating PSAP for any of the
existing PSAPs should an evacuation of the current facility become necessary.
In additi^n, the facility will provide telecommunicators the opportunity to evaluate
new equipment and make recommendations to Denco before its purchase.
In addition to the building project, Denco has contracted with Denton County to
complete its rural addressing project. The district is creating a geographic
information system (GIS) section to develop data that will not only provide
information for addressing, but also assist dispatc'iers in locating cellular callers
and eventually all callers through a mapped ALI display F f each PSAP.
Other highlights nor fiscal year 199; are increased training opportunities for
emergency medical dispatch, a new color brochure providing information to
potential 9-1-1 callers about the Denco system, and the evaluation of new PSAP
equipment for Denco PSAPs.
Revenuo Hi~tg
• Denco will receive approximately 56% more service fee than during the
current year. Approximately $300,000 of that rever-Ae will be from GTE's
billing the service fee to customers it previously missed during past billing
c> cles. Telephone companies are required by statute to collect the fee
during its normal billing cycle.
• Denco will also receive $82,494 for rural addressing services from Denton
County.
Expenditure Highlights
• Personnel expenditures are increased by 38.10% primarily because of the
addition of a GIS Coordinator and a Rural Addressing Specialist. The two
positions were budgeted in the rural addressing contract.
• Operation costs increases are associated with the move to a new facility
and the addition of staff.
24
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3.
Y
FY 1997 Overview
Page 2
• Direct Service increases include the installation of PSAP equipment at the
training center. Also included is increased funds for the training of
telecommunicators.
• Capital expenditures include the construction cost of the new facility and
furniture and equipment associated with the move,
• Debt service is interest on short term (less than six months) debt for the
construction of the building.
The overall fund balance of the district will decrease by 31 percent in fiscal year
1997. However, the district has projected revenues and expenditures through
fiscal year 2001 and expects to be able to provide all the services required
within the current funding structure.
The Denco Area 9-1-1 District Board of Managers is committed to providing the
best service available within the present day funding structure.
I
25
ti
SUMMARY OF COST CLASSIFICATIONS
Fiscal Year 1996 Budget
5100 PERSONNEL
Includes staff salary, health care and retirement benefits. Also included arc costs of
temporary personnel, state unemployment tax, and employer's contribution to Medicare.
5200 OPERATIONS
Includes overhead costs for ongoing 9.1.1 emergency network support services.
5210 Comm~ations
Includes telecommunication, printing/publishing and postage/shipping costs necessary for
the district to disseminate information.
Telecommunication cost includes local and long distance office telephone
service,
pager, and telephone equipment expense.
Printing/Publishing includes all costs of outside printing, binding, collating, design,
layout, photography, an work, and similar costs related to the preparation and
publication of printed material such as letter head, newsletter shells, envelopes,
business cards and video presentations. This also includes the purchase and
reproduction costs of maps.
Postage/Shipping includes all general and overnight postage, insurance, freight,
delivery, meter rental and other related costs except when postage and shipping are
included in the total purchase price of a specific item.
5220 Expendable u lic
Includes the cost of routine expendable office supplies, safe deposit box rental, and
commercially available software, Supplies also includes the cost associated %ith
hosting meetings, special recognition, expression of congratulations and sympathy
and other miscellaneous expenditures.
5230 Professional Services
Includes the cost of legal Ices, accounting services, independent audit and
professional development cost for conference registration, tuition reimbursement,
reimbursement paid to new employees is part of recruitment agreement, and staff
training. Includes cost of all service, repair, support and maintenance incurred after
26
I
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r
Summary of Cost Classifications
FY 1996
Page 2
initial purchase of furniture, fixtures, office computers and equipment. Includes
replacement components and labor expense for such repairs.
5240 Office pacei taintenance
Includes cost of lease payments for office or storage space. Also includes utility,
maintenance and repair expense for office or training facilities owned by the district.
5250 Members hips/Subscriptions
Includes individual and organizational memberships to professional organizations
such as National Emergency Number Association (NENA), Association of Public
Safety Communications Officials-International (APCO), and American Society for
Training and Development (ASTD). Includes subscriptions to newspapers,
periodicals, information services technical support publications and the purchase or
rental of boots, videos and recordings.
5260 dv ;sin
Includes the cost of public service announcements, required legal notices, public
meeting notlc s, solicitation for bids, job announcements, and other costs related to
the media.
5270 Jn an
Includes general liability, errors and omissions, property, workers compensation,
and other insurance for the district board and staff.
5280 ray UAuto
Includes costs such as, but not limited to, mileage reimbursements, airfare, food,
lodging, local transportation, parking, telephone, etc. when such costs are
reasonable and when they are incurred in conjunction with board and authorized
staff travel or official business within the district. This includes costs related to
travel for national and state conferences and meetings, as well as legislative
activities. This also includes an auto allowance for professional staffs' use of
personal auto while conducting district business within the metroplex.
5300 DIRECT SERVICES
laciudes ut; cons attributed directly, to the equipment, network and database required to
route calls to public safety answering points. Also included are direct costs for public
cd4cation and training for telecommunicators.
27
1
Y
F
Summary of Cost Classifications
F4' 1996
` qe 3
5310 PSAP Eauiament and Service
Includes non-recurring and monthly recurring costs for 9.1- as
1 equipment network,
database and around the clock repair and service for the system as well language
interpretation and other services. Also includes all upgrades to the 9-i-1 system.
5320 Public Education
Includes the development, purchase and distribution of public information aid
education materials for special focus groups and the district at large. Also includes
costs for special functions such as National Telecommunicaior Week iecox1ition,
9.1-1 Day activities, etc.
5330 rainin
Includes cost for materials, space rental, guest speakers fees, etc., associated with
meeting the training needs of 9-1.1 call-takers. Also includes expenditures for
materials that provide opportunities for PSAPs to enhance operations.
5340 rival Switch Er ns
Includes all direct costs associated with the provision of enhanced 9.1-1 service for
callers using private telecommunication service.
5400 0110PITAL EXPENDITURES
Includes all capital expenditures for the purchase of fixed assets such as land, building,
furniture, fixtures and equipment.
5410 Land
Includes all costs associated with the purchase of land including purchase price, real
estate commissions and all related professional fees.
5420 uitdin
includes all costs associated with the improvement, construction or purchase of
builc.ng facilities including all construction costs, professional fees and permits.
5450 Furniturc and Fietures
Includes purchase price plus Al expenditures related to the shipping, freight,
transportation and installation of furniture and fixtures.
28
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Summaof Cost Classifications
FY 1996
Page 4
5460 i ment
Tha cost of equipment includes the purchase price plus all expenditures connected
with the acquisition and installation of the equipment. The equipment may be
located in the district office and training facility or elsewhere in the district.
5500 DEBT SERVICE
Includes principal, interest and other payments directly related to the repayment of
debt.
29
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SECTION 5
FISCAL YEAR 1997 PLAN
Schedule 1: Summary of Anticipated Revenues
and Proposed Expenditures
Schedule 2: Anticipated Revenues
Schedule 3: Proposed Expenditures
Schedule 4: Fund Balance Projections
30
i
SCHEDULE 1
DENCO AREA 911 DISTRICT FINANCIAL PLAN
& Ile, 1:4
V 0
$ 4i~
r A ,
BEGINNING OF YEAR FUND BALANCE $455,675 $481,941 $150,351 .68,80%
ANTICIPATED REVENUES
9.1-1 Service Fee Revenue $895,067
11,210 58.33%
Interest Revenue $17700 $18,,949 $
145 $1,$11,,800210
Mscellaneous Revenue (Expense) $0 $575 1
,8$0 -37.00%
Contractual Services $575 94 -!00.00%
Proceeds From Debt Issue a $41,34 37 $82,4a 99.52%
WA
TOTAL ANTICIPATED REVENUES $912,767 $1,000,016 $1,562,504 56.25%
PROPOSED EXPENDITURES
Personnel
$247,125 $244,417 $344,435 40.92%
operations $100,999 $100,219 $136,547 38.25%
Direct Services $622,414
Capital Expenditures $252,500 $3fi7$619,135 $573.644 -11,99%
Debt Service 34 ,8so $573,644 55.95%
S 10 000 ~
TOTAL PROPOSED EXPENDITURES $1,223,038 $1,331,606 $1,609,512 20,87%
REVENUES OVER EXPENDITURES ($310,271) (5331,590) ($47,008) -85.82%
END OF YEAR FUND BALANCE
WAAU 5150.351 s1a1,343 -3127%
Note: Stated Fund Balance does not Include Investment in Fixed Assets.
It reflects available cash to meet budgeted needs.
Fund Balance Includes both designated and non-designated funds.
31
i
4
F
r
SCHEDULE2
f~ey DENCO AREA 911 DISTRICT FINANCIAL PLAN
Anticlpat e
~t
a„ urn
°1 ucc fir" d Al t\':< o y carob J,;~ ~ MUM
Y
Y
Fiscal; trar,199s M
~ 1st a, 1 Y'.1 ~
DGET.-
SERVICE FEE REVENUE
GTE $1,259,987 80,64%
Southwestern Bell
Sprint $145,277 9.30%
Century $23,656 1.51%
Wireless $27,035 1.73%
Telephone Company Administrative Cost $43,200 2.76%
Uncollectible ($28,964) -1,92%
($1,351) -0.09%
Telephone Company Adjustments ($13,860) -0.84°k
Private Switch Service Fees $1,890 0.12%
Private Switch Administrative Costs ($38) -0.00%
Job Cost Revenue $12.398
TOTAL NET SERVICE FEE REVENUE $1,468,210 93.97%
NON SERVICE FEE REVENUE
Interest Revenue $11,800 0.76%
Miscellaneous Revenue (Expenses) $0 0.00%
4 Contractual Services 582.494 5.28%
TOTAL NON SERVICE FEE REVENUE $94,294 6,03%
TOTAL REVENUE $1,562,504 100.00%
32
2
r
SCNEDULE3
DENCO AREA 911 DISTRICT FINANCIAL PLAN
` ` 'k3 "ta ar watues
sc10. f99T~ r
PERSONNEL EXPENDITURES
5110 Salaries $276,705 17.19%
5120 Benefits $66,230 4.11%
5130 Other Personnel Services $1.500
TOTAL $344,435 21Q.40%
OPERATIONS EXPENDITURES
5210 Communications
5211 Tefecommunlcalions $15,174 0.94%
5212 Printing $2,586 0.16%
5213 Poslage/Shlpp ng $3,360 0.21%
5220 Supplies $12,833 0.80%
5230 Professional Services
5231 Legat Services $9,000 0.56%
5232 Accounting Services $500 0.03%
5233 Independent Audit $3,000 0.19%
5234 Professional nevelopment $9,680 0.60%
5235 t>fhar Professional Services $12,637 0.79%
5240 Office Space/Maintenance $22,104 4.27%
5250 Memberships/Subscriptions
5251 Memberships $1,590 0.10%
5252 Subscriptions $1,057 0.07%
5260 Advertising $1,000 0.06°x6 ~
5270 Insurance $7,326 0.46%
5280 Travel/Auto
5261 Travel $21,500 1.34%
52112 Arlo Altomnce $13.20D 4.M
Q°
TOTAL $136,547 8.48%
DIRECT SERVICE EXPENDITURES
5310 PSAP Equipment and Service $496,449 30.84%
5320 Pubiic Education $27,578 1.71%
5330 Training $8,45C 0.53%
5340 Privale Switch 911 $1. AU 0.77°,6
TOTAL $544,886 33.85%
CAPITAL EXPENDITURES
5410 Land
$O 0.00°h
5420 Building $497,546 30.91%
5450 Furniture and Fixtures $21,560 1.34%
$460 Equipment $34J5H 3.39°
TOTAL $573,644 35.64%
DEBT SERVICE EXPENDITURES $10,000 0.62%
TOTAL EXPENDITURES 33 _,$6091512 _ 10
t
Y
• 1
i
SCHEDULE4
DENCO AREA 911 DISTRICT FINANCIAL PLAN
IE l s^i
J ONS ~ 1 Amur asa ' auitgetea of c~.ct oJec ed d
9997.,; .998 =,:1999. t; . ~9
t kY-I 1;
BEGINNING OF YEAR FUND BALANCE $481,941 $150,351 $103,343 $259,348 $334,271 $411,340
REVENUES
Net Service Fee Revenue 5939,145 $1,468,210 $1,214,938 $1,263,538 $1,314,077 $1,366,640
Interest Revenue $18,949 $11,600 $10,000 $10,000 $10,000 $10,000
Miscellaneous Revenue (Expense) $575 $p
Contractual Services $41,347 $0 E0 $0 $82 $0
Proceeds From Debt Issue ,494 $90,921 $O $0 SO
TOTAL REVENUE $1,000,06 $1,562,504 $1,315,859 $1,273,536 $1,324,077 $1,376,640
EXPENSES
Personnel $244,417 $344,435 $364,893 $386,706 $409,973 $434,804
Operations $100,219 $136,547 $125,492 $13J,106
Direct Services $619,135 $544,886 5651,469 $134,959 $140,064
Capital Expenditures $367,835 $573,644 $18,000 $11,,000 $$11,076 $712,343
DebtServico ,000 $ $1111,0000 00 511,000 $ii,OSQ
TOTAL EXPENSES $1,331,606 $1,609$7? $1,159,854 a so
$1,198,6 $1,247,008 $1,298,211
REVENUES OVER EXPENSES ($331,590) ($41,008) $156,005 $74,923 $77,069 $78,429
END OF YEAR FUND BALANCE Sr `wr SIQLua S-249,"A
W9371 SAI].w
34
~t
Agenda Item
Dafe!
CT~1' 0F DENTON, TEX,4S
MUNICIPAL BUR OlNG • DENTON, TEXAS 76201
TEL EANONE (8 f7 566-8307
Once of the City Maerager
CITY COUNCIL REPORT
TO: Mayor <<
nd Members of the city Council
FROM: Ted Benavides, City Manager
DATE: September 13, 1996
SUBJECT: Resolution Authorizing
Agreement With The Department Of Transportation Execute An
Transit Administration For An Urbanizes Area' For ula
Grant Authorized By 49 U, S. C. Section 5307
m
RECOMMENDATION:
Staff recommends the adoption of this resolution.
SUMMARY:
Upon approval of the
authorized to execute nitagreementlWithethe tU.
Transportation Y Manager would be
area Port t ' Federal Transit Administration S. Department ed formiua for the grant isnallocatedz b by 49 U. S. C. for an urbanized
U. S. Y the Federal Transito Administrationg
Department of Transportation based on
appropriations listed in the Federal Register.
Congressional
BACKGROUND:
On April 2, 1996, Council a a
the City Manager to submit ~ro application Resolution R96-078 authorizing
U. S. Administration
Administration for an to the Federal Transit
Section 53n urbanized area formula grant
allocated to Funding authorized under this sect to 49
from aced r 1 support public transportation in the section is
1996 until September 30, 1997. City of Denton
On August 20, 1996, the City received notification that Pro
allocations, a total ppf 3oved (Attachment 1). Under the FYe096- No.
transportation in Denton 530000 is available to su 97
includes (See Table l ppor. public
t 2) This
$122000 for operations (maintenance, tbus/vantoperations);
$169,232 for capital (purchase of buses, vans, shelters, benches);
and, $61,768 for planning (salaries, grants administration).
..tared to Quality Serv;re"
}
Additionally, $5,152 is allocated for the Congestion Mitigation Air
Quality (CMA.Q) funds for the Ozone Alert Demonstration Program.
A key component of *.ae City's effort to reduce air pollution is the
provision of reduced farts ($.25 per trip) on "ozone action days".
PROGRAMS. DEPARTMENTS, OR GROUPS AFFECTED:
Citizens of Denton who use public transportation.
~,SCAL IMPACT•
Costs associated with this grant will be funded in part by tits
Federal Transit Administration, the Texas Department of
Transportation, and the City of Denton.
Please advise if additional information is needed.
RESPECTFULLY SUBMITTED:
Ted' Benav des
City Manager
Prepared by:
osep Portugal
mi:f
Assistant to the City Manager
Attachments: 1. Notification of Award
2. Table 1 - Public Transportation Grant
3. Resolution
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ATTACHMENT 1
U.S. Department aEGloN vl ParkView Place, suite 175
of Transportation Arkansas, Louisiana, 524 East Lamar Boulevard
Federal Transit New Mexk;o. G.dahoma, AdInglon, Tx 76011
Administration Texas 817,8649663
817-680.9437 (fax)
AUG 2 0 1996
The Honorable Bob Castleberry
Mayor, City of Denton
215 E. McKinney
De iton, Texas 76201
Re: Project No. TX-00-X380
Dear Mayor Castleberry.
I am pleased to advise you that your application for an urbanized area formula program grant
authorized by 49 U.S.C. § 5307 has been approved in the maximum amount of $353,000. Of
the amount approved, $5,152 has been transferred from the Congestion Mitigation and Air
Quality Improvement Program (CMAQ)/multimodal Surface 't'ransportation Program (ST?)
under the Title I provision of the Intennodal Surface Transportation Efficiency Act of 1391
(ISTEA). These funds will be used to fund operating and planning assistance for Fiscal Year
1997, plus a lift-equipped vehicle, bus signs, shelters and benches. Congestion Mitigation Air
Quality funds will be used fo: a fare reduction program on ozone action days.
Enclosed are copies of the Approved Project Budget and three counterparts of a Grant
Agreement executed on behalf of this Administration. The instructions that you should follow in
executing these counterparts also are included.
If you have any questions on the enclosed grant materials, please contact Ray Casas,
Transportation Program Specialist, at (817)860-9663.
Sincerely,
Wilbur E. Hare
Regional Administrator
Enclosures
ATTACHMENT 2
TABLE 1
Public Transportation Grant For Fiscal Year 1997
City of Denton / SPAN
FEDERAL STATE LOCAL
TOTAL
PLAN 1N0 $61,768 $10,037 $5,405 $77,210
CAPITAL $169,232 $27,500 $14,808
OPERATING $211,640
$122,000 $61,000 $61,000 $244,000
TOTAL $353,000 $98,537 $81,213 $532,750
~I.
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AM"N MA9
September 17, 1996
Page
RESOLUTION NO,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH rv,E U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT
ADMINISTRATION FOR AN URBANIZED AREA FORMULA GRANT AUTHORIZED BY 49
U.S.C. §5307; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Secretary of Transportation is authorized to
award grants for a mass transportation program of projects and
budget; and
WHEREAS, the City has been advised by the U.S. Department of
Transportation Federal Transit Administration that its application
for an urbanized grant authorized by 49 U.S.C. 95307 has been
approved in the maximum amount of $353,000, and has requested the
City to a:.ecute the Grant Agreement,; and
WHEREAS, the Grant Agreement, which incorporates the Federal
Transit A,ministration's Master Agreement, will impose certain
obligations upon the applicant, such as the City of Denton,
including the provision by it of the local share of the project
costs in the program; and
WHEREAS, the U.S. Department of Transportation requires, in
accordance with to provisions of Title VI of the Civil Rights Act
of 1964, as amended, that the applicant give an assurance that it
will comply with Title VI of the Civil Rights Act of 1964 and the
Department of Transportation requirements thereunder; and
WHEREAS,
busin ssenterprises be utilized to the the
full st extent possible lin
connection with the project, and that definite procedures shall be
established and administered to ensure that minority businesses
shall have maximum construction contracts, supplies, equipment,
contracts, or consultant and other services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I That the City Manager is authorized to execute an
agreement on behalf of the City of Denton, Texas, with the U.S.
Department ' of Transportation, to aid in the financing of planning,
capital and operating assistance projects pursuant to 49 U.S.C.
§5307.
SE "r III That the City Manager is authorized to execute
and file an assurance or any other document required by the U.S.
Department of Transportation effectuating the purpose of Title VI
of the Civil Rights Act of 1964.
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September 17, 1996
Page
SECTION III. That. the City Manager or his designee is
authorized to furnish suQh additional information, assurances, or
certifications as the U.S. Department of Transportation may require
in connection with the pray-am of projects and budget.
SECTION IV. That the City Manager is authorized to set forth
and execute affirmative minority business policies in connection
with the program of projects and budgets procurement needs for
transportation.
SECTION V. That the City Manager is authorized to execute a
grant agreement, in substantially the form of the attached Grant
Agreement, which is incorporated as a part of this resolution,
along with any other agreement documents necessary to secure the
grant of behalf of the City of Denton, Texas with the U.S.
Department of Transportation for aid in the financing of the
planning. capital, and operating assistance program of projects and
budget and to expend the necessary funds as may be required by the
condition of the grant.
SECTION VI. That this resolu~ion shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1.996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROU"TY, CITY ATTORNEY
~~Il 1
BY: J
Page 2
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UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL TRANSIT ADMINISTRATION
GRANT AGREEMENT
(Form FTA G-2, October 1, 1995)
Upon execution by the Grantee named below, the U, S. Department of Transportation, Federal
Transit Administration (Federal Government or FTA) and the Grantee have entered into this
Grant Agreement. This Grant Agreement covers the Project described below. In addition, the
following documents are incorporated by reference and made part of this Grant Agreement:
(1) "Federal Transit Administration Master Agreement," Form FTA MA(2), October 1, 1995; and
(2) Any Award notificatian containing special conditions or requirements, if issued.
THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE
FINANCIAL ASSISTANCE IF THE GRANTEE DOES NOT EXECUTE THIS GRANT
AGREEMENT WITHIN 90 DAYS AFTER AWARD.
i
FTA HEREBY AWARDS A FEDERAL GRANT AS FOLLOWS:
Project Number: TX-90-X380
rantee: City of Denton
Designated Recipient: City of Denton
Citation of Statute(s) Authorizing Project: 49 USC § 5307
tim t d Pro' ct Cost: $532,750
Maximum Federal Funds Ap rov _i Including All Amendments]: $353,000
Amount of This Federal Assistance Award: $353,000
Maximum Percentage(s) of Federal Participation: 80% capital and planning; 500/6 operating
Date of Departm nt of Lahnr Certification(s) of Transit E p1gyc Protective Arran em n
Ori ;n¢ al Proj cg t or Certification Date
(Amendment Number)
0 TX-90-X380 May 2, 1996
1
2
3
i
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F
Proeect Description: See approved budget
Conditions of Award:
AUG 2 0 1996 -JAl C ~ ~5{ a~.A
OBLIGATION DATE FTA AUTHORIZED OFFMIAL
EXECUTION OF GRANT AGREEMENT
This Grant Agreement may be simultaneously executed in several counterparts, each of which
shall be deemed to be an original having identical legal effect. After the FTA Authorized Official
has signed this Grant Agreement, the Grantee should then execute this Grant Agreement.
The Grantee, by executing this Grant Agreement, ratifies and adopts all statements,
representations, warranties, covenants, and materials submitted by it; accepts the Federal
Government's grant award; and agrees to all terms and conditions of this Grant Agreement.
Executed this day of , 19
ATTEST: BY:
TITLE AND ORGANIZATION TITLE AND ORGANIZATION
T
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APPROVAL DATE APPROVED PROJECT BUDGET PAGE 1
08/20/96
GRANTEE: CITY OF DENTON
DENTON, TEXAS
GRANT NO.: TX-90-X380.00 BUDGET NO.: 01
FEDERAL AMOUNT TOTAL AMOUNT
i SCO^E
111.01 BUS - ROLLING STOCK $ 142,480 $ 178,100
QUANTITY: 1
ACTIVITY
11.12.02 BUY REPLACEMENT 35-FT BUS $ 142,480 $ 178,100
QUANTITY: 1
SCOPE
113-01 BUS - STATION/STOPS/TERMINALS............ $ 21,600 $ 27,000
ACTIVITY
11.32.10 PURCH/INSTALL PSGR AMENITIES $ _16,000 $ 20,000
11.32.20 PURCHASE MISC STATION EQUIP $ 4,000 $ 5,000
11.34.09 REHAB ROUTS SIGNING $ 1,600 $ 2,000
SCOPE
117-01 BUS - OTHER CAPITAL ITEMS $ 66,920 $ 83,650
ACTIVITY
11.72.11 DEMONSTRATION OZONE ALERT $ 5,152 $ 6,440
PROGRAM
11.79.00 PROTECT ADMINISTRATION $ 61,768 $ 77,210
TOTAL CAPITAL 231,000 $ 288,750
$COPg
300-01 OPERATING ASSISTANCE $ 122,000 $ 244,000
ACTIVITY
30.09.00 OPERATING ASSISTANCE FOR THE $ 122,000 $ 244,000
PERIOD 10/1/96 TO 9/30/97
TOTAL $ 353,000 $ 532,750
ESTIMATED NET PROTECT COST $ 532,750
FEDERAL SHARE $ 353,000
LOCAL SHARE $ 179,750
SOURCES OF FEDERAL FINANCIAL ASSISTAMCE
FUNDING UZA% 489510 FUNDING UZA NAM DALLAS-FT. WORTH, TX
ACCOUNTING PREVIOUSLY AMENDMENT
CLASSIFICATION "P DESCRIPTION APPROVED AMOUNT TAO AEI
96.61.90.AZ.2 00 FY 1996, SEC 9K $ 0 $ 5,152 $ 5,152
CAPITAL
96.21.90.91.1 00 FY 1996, SEC 9 $ 0 $ 225,848 $ 225,848
CAPITAL
9.
APPROVAL DATE APPROVED PROJICT BUDGET PAGE 2
08/20/96
GRANTEE: CITY OF DINTON
DENTON, TEXAS
GRANT NO.: TE•90-X390-00 BUDGET NO.: 01
ACCOUNTING PREVIOUSLY AMENDMENT
CLASSIFICATION FP DESCRIPTION APPROVED AMLNTA~I
96.21.90.91.1 04 FY 1996, SEC 9 $ 0 $ 122,000 $ 122,Q00
OPERATING
SUB TOTAL: $ 0 $ 353,000 $ 353,000
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Agenda No, r -03
North Texas Higher Education Authoritippi c,- :22
201 E. Abram, Suite 800 Arlington, Texas 76010.1196 (817) 265.9158
August 29, 1996
Honorable Jack Miller
Denton City Council
City of Denton
215 Fast McKinney
Denton, Texas 76201
Dear Mayor Miller:
At its August 28, 1996 meeting, the Board took action to nominate individuals to Places 2
and 4 on the North Texas Higher Education Authority Board of Directors for the October
1, 1996 through September 30, 1998 term, The incumbents, Dr. Governor Jackson -
Place 2 and Ms. Neta Stallings - Place 4, 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 Council members for
their support of the Authority and its activities.
Sincerely,
'L ":2 0 &4U
Kathryn Bryan
Assistant Secretary
KB/jh
e
e •n:e~c a'c. Tea
RESOLUTION NO.
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE
NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, the term of office for Places 2 and 4 on the Board of
Directors of the North Texas Higher Educe.tion Authority, Inc., have
expired; and
WHEREAS, the Board has nominated Dr. Governor Jackson for
Place 2 and Ms. Neta Stallings for Place 4 on the Board; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES:
SECTIONS. That Dr. Governor Jackson is hereby reappointed to
Place 2 on the Board of Directors of the North Texas Higher Educa-
tion Authority, Inc. for a term commencing October 1, 1996 and
continuing through September 30, 1998.
SECTION II. That Ms. Neta Stallings is hereby reappointed to
Place 4 on the Board of Directors of the North Texas Higher Educa-
tion Authority, Inc. for a term commencing October 1, 1996 and
continuing through September 30, 1998.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ^ day of _ 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
AY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY,.~CITY ATTORNEY
BY: _
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P
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Apaflda Na.. r~
. Agenda Item - / F
Date
CITY OF DENTON TEXAS MUNICIPAL BUILDING DENTON, S76201 - TELEPHONE 817 566.8307
Office of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: September 13, 1996
SUBJECT: A Resolution Of The City Of Denton City Council
Supporting Legislation To Require The Texas Lottery
Commission To Return Five Cents Of Every Lottery Sales
Dollar To The City Of Denton
RECOMMEmnn,TION•
Staff recommends the adoption of this resolution.
SiLJ~IARY
The Denton Cot•ity commissioners Court has asked that the city
council pass a resolution supporting proposed legislation by
Senator Tom Haywood regarding the Texas Lottery Commission. If
approved, the bill would require the Commission to return f+ve
cents of every lottery sales tax dollar sold in Denton to the City.
BACKS •
Senator Tom Haywood proposes to introduce legislation during the
next session of the Legislatura- that would require the Texas
Lottery Commission to return five cents of every lottery sales tax
dollar to the entity where the transaction occurred. The
Commissioners Court passed a resolution of support on Tuesday,
August 6. Accordingly, the Court has asked local jurisdictions in
Denton county to also forward resolutions supporting this
legislation to senator Haywood in Wichita Falls.
Council was briefed on this item on Tuesday, September 10, and gave
Staff direction to draft a similar resolution. A copy of the
resolution supporting this bill is attached.
~20GRAMS DEPARTMENTS OR GROUPS AFFECTED:
The City of Denton.
"Dedicated to Quality Service"
F
FISCAL IMPACT:
Although the fiscal impact has not been determined, it is believed
that the revenue would benefit the City in the delivery of
municipal services to our citizens.
Please advise if additional information is needed.
RESPECTFULLY SUBMITTED:
1\
R
Ted Benav des
City Manager
Prepared by:
osep Portugal
Assistant to the city anager
Attachments: 1. City Council Report, 9/5/96
2. Resolution
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Agenda NC. l
Agenda Item #
` CITY OFDENTON TEXAS MUNICIPAL BUILDING DEN70N, TEXAS 76201 • TELEPHONE 817J 566.8307
Office of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: September 5, 1996
SJBJECT: Texas Lottery Commission
RECOMMENDATION:
Staff requests authorization to draft a resolution supporting
legislation to return five cents of every lottery sales dollar to
the City of Denton.
SM21ARY:
Commissioner Kirk Wilson of Denton County has requested that the
City Council consider a resolution of support of a bill to be
introduced by Senator Tom Haywood (See Attachment 1). If approved,
the legislation would require the Texas Lottery commission to
return five cents of every lottery sales tax dollar to the city,
or if an unincorporated area, to the county where the sales were
transacted.
BACKGROUND:
On Tuesday, August 6, the Commissioners Court of Denton County
approved the attached resolution supporting a senate bill
concerning the dissemination of sales tax revenue generated by the
Texas Lottery Commission (See Attachment 2). Senator Tom Haywood
proposes to introduce legislation during the next session that
would require the Texas Lottery Commission to return five cents of
every lottery sales tax dollar to the local jurisdiction where the
transaction occurred.
As a home rule city, that is a local entity of a population of
5,000 or greater and which is governed by means of a local charter
voted on by the citizens, the city of Denton would receive the
revenue generated by transactions related to the Texas Lottery.
The Commissioners are encouraging all cities or towns in the County
to draft a resolution of support and forward same to Senator
Haywood.
If
"Dedicated to Quality Service"
r.
f PROGR,MS. DEPARTMENTS- OR GROUPS AFF CTEn.,
The City of Denton.
FISCAL IMPACT:
Although there are no estimates on the amount of revenue generated
by lottery sales in Denton, it is believed that the return of
dollars would be of benefit to the City. There are no other
specifics at this time as to how the dollars may be disseminated
by local governing bodies.
Pleage advise if additional information is needed.
RESPECTFULLY SUBMITTED:
Ted Benav des
City Manager
Prepared by:
peep Portugal
Assistant to the City Manager
Attachments: 1. Letter from Commissioner Wilson
2. Resolution
a.
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IDRR WILSON Cn1~%Tj. SCOTf ARMEY
PRECINCT l t J ' i. PRECINCT
r ~ 7.
SANDY JACOBSi f DON HILL
PRECINCT 2 PRECINCT 4
Ie.IO ~
DENTON COUNTY COMMISSIONERS COURT
JUDGE JEFF MOSS
f August 6, 1996
I
Honorable Jack Miller
City of Denton
215 East McKinney Strad
Denton, Texas 76201
Dear Mayor Miller:
On Tuesday, August 6, 1996, Commissioners Court of Denton County approved the enclosed
resolution to support a senate bill, proposed by Senator Tom Haywood, to be presented in the
1997 Legislature that would require the Texas Lottery Commission to return five cents of every
lottery sales dollar to the city or, if in an unincorporated area, to the county where the sales was
transacted.
The Commissioners of Denton County are encouraging every city or town in this county to each
draft their own resolution and forward it on to Senator Haywood's office in support of this
proposed bill. The benefits to each city or town and to the county would be immeasurable plus
allowing a resource of dollars generated in each area to be returned to that area.
Please forward your resolution to the following: Senator Tom Haywood
30th District Office
One Parker Square Building
2525 Kell Blvd., Suite 305
Wichita Falls, Texas 76308-1061
or fax his office at the following number: 817-723-1814
Thank you for your immediate attention and support of this proposal.
Yours truly,
KIRK WILSON
Presiding Officer
KW:kb
i Encl.
pc: Commissioners Court
COURTHOUSE ON THE SQUARE' 110 W. HICKORY' DENTON, TEXAS 70201
(01n60S8083' 10171606 '(800446-3180
3.
r
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I
Resolution
relaling
TO THE PROPOSED SENATE BILL REGARDING THE TEXAS LOTTERY
WHEREAS, the Texas Lottery Commission has conducted the Texas Lottery since its implementation in
I992;and
WHEREAS, Senator Tom Haywood has proposed a senate bill to be presented in the 1997 legislative
session of the Texas Senate that would require the Texas Lottery Commission to return five cents of every lottery sales
dollar to the city where the sales was transacted or to the county wham the sales transaction locatioa was in the
unincorporated area of the county; and
WHEREAS, the state lottery ticket sales in De; too County during the calendar year 1995 totaled
$34,400,000, and this proposed bill would have returned to the cities and county of Denton County a total of
S 1,720,000; and
NOW THEREFORE, BE IT RESOLVED, on August 6, 1996, the County Commissioners Court of Denton
County, Texas adopted an official Resolution approving the acceptance of the proposed senate bill by Senator Tom
Haywood returning five cents from every dollar of the Texas state lottery ticket sales returned to the cities and counties.
DONE IN OPEN COURT, this the6thdayofAu ust1996uponmotionby Commissioner Wilson
seconded by Commissioner A r m ey and.3 Members of the Court being present and voting "aye".
Absent
JEFF MOSELEY, COUNTYJUDGE
Absent
KIRK WQSON, CO 9MqlONER SANDY JACOBS, COMMISSIONER
PRECIN T 1 P 'CINCT 2
,,aas COUq,,,, ,
rcorr OMlf HSSIO N HILL, O TONER
PRECINCT 3 = `O; ' CINt T
%
ATTESTt r
TIM BODGES, County Clerk
and Es-Oftlcla Clerk of the 'ti t }P
£ O j
Commissioners Court of ~4ea'
Denton Cou
, Tax"
yty
BYt l• ~~rIIIMHUt«~~N
I
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J~IWD0CS1RE5117TT01AK.RES
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, SUPPORTING
LEGISLATION TO REQUIRE THE TEXAS LOTTERY COMMISSION TO RETURN FIVE
CENTS OF EVERY LOTTERY SALES DOLLAR TO THE CITY OF DENTON; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Texas Lottery Commission has conducted the Texas
Lottery since its implementation in 1992; and
WHEREAS, Senator Tom Haywood has proposed legislation that
wou14 require the Texas Lottery Commission to return five cents of
every lottery sales tax dollar to the city where the sales were
transacted; and
WHEREAS, the return of this revenue would benefit to the
citizens of Denton in the delivery of municipal services; NOW
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That it supports legislation to return five cents
of every lottery sales tax dollar to the City of Denton.
SECTION II. That the City Manager is authorized to forward a
copy of this resolution to the Honorable Tom Haywood, Texas State
senator, Wichita Falls, Texas.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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E AWP''OCS \A ES \HI LES . An
Agenda No. 3
Agenda Item Date
RESOLUTION NO.
A RESOLUTION APPOINTING A PERSON TO THE ECONOMIC DEVELOPMENT SALES
AND USE TAX TASK FORCE TO REPI1,CE A RESIGNING MEMBER; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on the day of V , 1996, the City
Council passed Resolution No. R96- appointing 32 persons to
the Sales and Use Tax Task Force; and
WHEREAS, one of Councilmember David Biles, appointees to the
Sales and Use Tax Task Force has resigned; and
WHEREAS, Councilmember Biles has now recommended another
person to serve on that Task Force; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That is hereby appointed to
serve on the Economic Development Sales and Use Tax Task Force to
replace Lindsay Keffer who has resigned.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
I
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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Apendit No.~&=a"-
. Agenda Item
Date.-.
CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 ► TELEPHONE 617-566-6309
Office of the City Secretary
MEMORANDUM
DATE: September 11, 1996
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Proposed Meeting Schedule for City Council
Attached please find a proposed meeting schedule for city council
for the months of October, November, December and January. While
no regular Council meetings will be changed, it is proposed to
cancel the work session meetings of October 8th (City Manager and
j Deputy City Manager at ICMA), November 26th (Tuesday before
Thanksgiving), December 10th (Council at NLC), and December 24th
(Christmas Eve).
Please let me know if you require any additional information.
J fifer alters
t Sec etary
Attachment
'Ded cared to Quality Service"
T - f
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[;COMING CITY COUNCZL MEETING SCH DULE
WORK REGULAR WORK 5TH TUESDAY
,h no
1st - meet 8th-TB/RS-ICMA 15th - meet 22nd - meet 2meeting
proposed - no
rNOVEMBER REGULAR
meeting
5th - meet 12th - meet 19th - meet proposed - no
meeting
NOTE: THANKSGIVING HOLIDAY IS NOVEMBER 28TH AND 29TH
3rd - meet 10th - NLC 17th - meet 24thEV Xmas Yearss ENewno
no meeting no meeting meeting
January 7th - meet 14th - meet 21st - meet 28th - meet
IS MLK HOLIDAY - OFFICES CLOSED
13TH
NOTE. JANUARY
ACCO0336
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k
Agenda No.
Agend3lter #43
oats -17-
CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 TELEPHONE 817.566.8309
Office of the City Secretery
MEMORANDUM
DATE: September 11, 1996
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Commission Appointments j
The following is a list of current Board/Commission j
vacancies/nominations:
Plumbing and Mechanical Code Board - Council Member Young has the
nominated David Jobnson.
Plumbing and Mechanical Code Board Courtney has resigned.
This is a nomination of a mechanical erc:neer for Mayor Miller.
If you require any further information, please let me know.
Je er Way ors
C Secret ry
ACCOOOF4
"Dedicated to Quality Sendce"