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05-11-1999
U U L May 11, 1999 Agenda Packet w C I O i 1 9 AGENDA AW. _ C11 Y OF DENTON CITY COUNCIL Ap 46 Ilem May 11, 1999 0sM__ Afler determining that a quorum is present and convening in an open meeting, the City Council will convene in a closed meeting of the City of Denton City Council on Tuesday, April 11, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: - 1. Closed Meeting: A. Consultation with Attorney - Under TEX. GOV'T. CODE Sec. 551,071. Discuss and consult with the City's atto-ney, Including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply District No. IA and Denton County Fresh Water Supply District Ne- S, Cause No. 99-40158-362, filed in the 362nd District Court of Denton County, Texas, including strategy and possible settlement negotiations. B. Conference with Employees - Under TEX. GO'r'T. CODE Sec. $51.075 The Council may receive information from employees during a staff conference or briefing, but may not deliberate during the conference, ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOVT. CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO I RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED f MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN f MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS $51,071.551.085 OF THE OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, May 11, 1999 at 6:00 P.M. In the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance A. U.S.flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and Indivisible." t t , C ~IF\ r, 1. Presentation of 1949 Outstanding Finance Officer Award to Kathy DuBoae by Charier Cox, President-Elect, Government Finano Officers Association of Texas. CITIZEN RrPORTS 3, Receive a citizen report from Bill Morrow regarding Hangcorp (Tomlinson Avionics). r City of Denton City Council Agenda May 11, 1999 b Page 2 4. Receive a citizen report from Dessie Goodson regarding the City of Denton. j 5. Receive a citizen report from Nell Yelldeil regarding City taxes. 6. Receive a citizen report from Raymond Redmon regarding a Fred Moore Park footbridge across the Pecan Creek drainage expansion. 7. Receive a citizen report from T, E. U1and regarding a hazardous comer. NOISE EXCEPTION 8. Consider a requert for an exception to the noise ordinance for a house party at 2010 W. Hickory on Saturday, May 15, 1999 from 10:00 p.m. until 1,Gv a m. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof wi11 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 rise q-+.estions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 9-17). 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. If no items are pulled, Consent Agenda Items 947 below will be approved with ore motion. If items are j pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration". 9. Tax refund to Wal-Mart Stores East, Inc. in the amount of S10,708.97. 10. Tax refund to DNB Investments LTD in the amount of 5706,55. 11. An ordinance accepting competitive bids and awarding a contract for the purchase of wooden distribution poles; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02332 - wooden distribution poles awarded to North Pacific Lumber Company • $16,517). 12. An ordinance accepting competitive bids and awarding a public works contract for the construction of eight road boring projects; providing for the expenditure of funds therefor; and providing an effective data (Bid 02354 - road bore projects for electrical r~ crossings awarded to Dickerson Construction Co., Inc. • $138,185.) I A, [ R 5 I 13, An ordinance approving the expenditure of funds for the purchase of Lifepack defibrillators, monitors and p_ripheral items, 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. (P.O. 094106 - Physio-Control Corporation for Lifepack 12 and Lifepak Defibrillators, monitors and periferials in the amount of S8A,319) ' r City of Denton City Council Agenda May 11, 1999 Page 3 I 14. An ordinance accepting competitive bids and awarding an annual contract for the plvchase of utility billing envelopes, providing for the expenditure of funds therefor; and providing an effective date (Bid #2348 - utility billing envelopes awarded to Precept Inc, $20,100.) 15. Consider adoption of an ordinance accepting the expenditure of funds for the purchase of aluminum box culvert and head walls available from only one sor;rce in accordance with the provisions of stato law exempting such purchase from requirements of competitive bids; and providing an effective date. (Purchase Order 94823 - Conlech Construction Products, Inc, - $43,486.11). 16. An ordinance approving the expenditure of funds for the purchase of bloxide, a product 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 (Purchase Order 94822 - US Filter/Davis Process Products • $31,731.55.) 17. Consider adoption of an ordinance of the City of Denton, Texas suthorizing the City Manager to execute a professional services agreement with Kimley-Horn and Associates, Inc., Fort Worth, Texas, for engineering services pertainitio to the design and construction of a twenty inch water main along Fort Worth Drive (U.S. Highway 377) from Bent Creek Estates to a point approximately 1,500 feet north of Crawford Road, In Denton, Denton County, Texas, authorizing the expenditure of funds therefor; and providing an effective date. PUBLIC HEARINGS 18. Hold a public hearing end consider rezoning of 3.79 acres, from a two-family dwelling (2F) zoning district to a Central Business (CB) zoning district. The property Is bounded on the north by Parkway, on the south by Pearl Street, on the cast by Bolivar Street and on the west by Carroll Blvd. The proposal is to develop a bank on the western portion of the site. The Planning and Zoning Commission recommends approval 6-0 with conditions. (A•99.028) 19. Hold a public hearing regarding the proposed voluntary annexation of 65.174 acres located south of Nowlin Road on the east side of FM 2181 (1easley Lane) generally opposite Hickory Creek Ro:.d In the extraterritorial jurisdiction of the City of Denton, Texas. The proposal is to develop the property for commercial (C) zoning district, multi- fvnily residential (MF2) zoning district and single-family residential (SF7) zoning district. (A-83) 20. Hold a public heating regarding the proposed involuntary Annexation of an 80.741 acre tract located on the south side of McKinney Street and directly opposite of Trinity Road, in the City of Denton's ETJ. (A•84) r' 21. Hold a public hearing regarding the proposed involuntary Lmexation of 83.75 acres located on the northwest comer of Loop 288 and Stuart Road Intersection, in the City of Denton's ETJ. (A•83) t , City of Denton City Council Agenda May 11, 1999 Page 4 22. Hold a public hearing regarding the proposed involuntary annexation of a 19.802 acre tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road, in the City of Denton's ETJ. (A-86) 23. Hold a public hearing inviting citizens to comment on the City of Demon's 1999 Action Plan for Housing and Community Development. ITEMS FOR iND1V1DUAL YJDAZAL_CDNSIDE RATIO 24. Consider approval of a resolution dissolving the 1996 Oversight'ommittce; expressing the sincere appreciation of the City Council for the work of u,e members of that committee; providing that the committee chair and council representative will continue to serve as liaison to the committee to be- established to oversee the 2000 five-year capital improvement bond program; and providing an effective date. 23. Consider approval of a resolution approving the eligibility of the structure located at 1IS- 117 W, Hickory Street, Denton, Texas, for tax exemption for historically significant sites pursuant to Chapter 10, Article VII Code of Ordinances of the City of Denton, Texas; authorizing the City Manager to execute a tax exemption certificate; and declaring an effective date. (The Historic Landmark Commission reci-mmends approval 6-0) 26. Consider adoption of an ordinance of the City of Denton, Texas lifting susfension of the proposed time-of-use rate option set forth in the statement of intent and application of Texas Utilities Electric Company heretofore filed with the City on January 13, 1999, such suspension being set forth in Ordinance Number 99.058; providing for approval of rate schedules for Texas Utilities Electric Company respecting time-of-use rate options pertaining to the sale of electric service to residential, commercial and industrial customers within its duly-certificated area in the City of Denton, Texas; providing conditions under which such rate schedules may be changed, modified, amended or j withdrawn, finding and determining that the meeting at which this ordinance Is passed Is i open to the pubic as required by law; adopting declarations and findings in the preamble providing the reasons therefor; providing for a severabilRy Clause; and providing for an effective date. 27. Consider adoption of an ordinance of the city of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law firm of Lloyd, Oossclink, Blevins, Rochelle, Baldwin & Townsend, P.C., Austin, Texas, pertaining to representation of the City before the Public Utilities Commission of Texas in the areas of public utility regulatory law and administrative law, respecting any i pcoinent mlemaking proceeding or project, and legal advice concerning compliance with 4, r PLC rules respecting the activities of Denton Municipal Electric; authorizing the ' (/r t expenditure of funds thcrcfore; and providing for retroactive effect of the agreement; and providing an effective date. 28. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to et,:cute a professional services agreement with Camp Dresser & McKee, Inc., Dallas, Texas, for engineering services pertaining to the design and construction of 0 I t City of Denton City Council Agenda May It, 1999 Page S expansion and improvements to existing facilities at the Pecan Creek Water Reclamation Plant in the City of Denton, Texas; authorizl:ig the expenditure of funds therefor; and providing an effective date. 29. Consider approval of an ordinance to declw. the Intent to reimburse expenditures from the retained earnings of the water fond with r.-venue bends so that two phases of a new water line project, more fully described In the body of this ordinance, may be commenced; declaring an emergency and amending the 1998.99 Capital Improvement budget to allow the funding of Phase I and Phase 11 of the Highway 377 water distribution system upgrade; and providing and effective date. i 30. Consider appointments to a special Citizens Advisory Committee to study capital improvement needs for projects to be included in a January 2000 bond election. 31, Consider nominations/appoiniments to Boards and Commissions, 32, Miscellaneous Matters from the City Manager, 33. New Business This item provides a section for Council Members to suggest items for future agendas. 34. Possible continuation of Closed Meeting under Sections 55 1.071-$31.083 of the Texas Open Meetings Act. 35. Official Action on Closed Meeting under Sections 551.071.531.083 of flu Texas Open Meetings Act. ' Foflo%ing the completion of the Regular Session, the Council will convene into a Work Session to consider the following: 1 1. Receive a presentation from John Fregonese of FregoneseCalthorpe Associates, Regional and Urban Planning consultants from Portland, Oregnn, and hold a discussion regarding "Smart Growth", urh;m development, and municipal growth concepts. 2. Receive a report. hold a discussion and give staff directions regarding the Environmental Management atid Public Involvement sections of the draft comprehensive Plan. 3. Receive a report, hold a discussion and give staff direction on pedestrian safety tmff?c capacity improvements on Bell Avenue from Terns Street to University Drive (U.S, 380). 4. Receive a report, hold a discussion and give staff direction regarding the City of Denton Hazard RcductiordElimination Study for the Water Treatment and Water Reclamation Plant Facilities done by Carolio Engineers. S. Receive a report, hold it discussion and give staff direction concerning cable television rates for Charter Communications. a u City of Denton City Council Agenda May 11, 1999 Page 6 CERTIFICATE 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 .1999 at ` --o'clock (am.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERFRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING I.Sm RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. r P c: fi AatiM AWA AGENDA INFORMATION SHEET AGENDA DATES May 11, 1999 DEPARTMUSTs City Manager's Office / CM: Michael W. Jet, City Manager, 349.8307 SUtECT Consider a request for an exception to the noise ordinance for a house Party at 2010 W. Hickory on Saturday, May 15, 1999 from 10:00 p.m. until 1 a.m. BACKGROUND Mr. Ryan James and Mr. Daldomero Valdez III have requested that the City Council grant an exception to the noise ordinance on Saturday, May IS, 1999 for a 11outo Party, 1'he party is scheduled from 10:00 p.m, until 1:00 a.m. and will take place inside their t house at 2010 W. Hickory. As a private party, only friends ai d guests will attend the party, A band will provide live music ` As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly a(ler 10:00 p.m. Monday through Saturday and anytime on Sunday (Attachment 3). The ordinance does, however, provide that the City Council may make exceptions when the public interest Is served. The organizers have been informed that should Council approve this request, responsible use of the amplified sound is still required by Section 20-1 of the City of Menton Code of Ordinances. In particular, Section 204(a) states: 1 It shall be unlawful for any person to make or cause any unreasonably loud, 1 disturbing, unnecessary noise which causes or may cause material dissess, ` discomfort or injury to persons of ordinary sensibilities In the immediate vicinity thereof. I PRIOR ACTION/REVIEW (Council, Boards, Com mhssiDIM None. f' r I a u James/Valdez Noise Exception May 15,1999 EMI FISCAL INFO None. Respectfully submitted: Rodne Mitchei~~ Management Assistant Attachments: 1. Request from Ryan lames dl Baldomero Valdez Ill 2. Map t 3. Noise ordiwee k rr-y Z i t, i f Ryan James Baldomero Valdez 111 2010 W. Hickory Denton, TX 76201 April 27, 1994 Members of the Denton City Council 215 B. McKinney City Hall Denton, TX 76201 Dear Members of the City Council, On Saturday, May 15 we intend to hold a party at our house, 2010 W Hickory. We request of you that we be issued a noise variance permit In order that we have live music played Inside our houses unfit no later than 1 a.m. This will be a private party. The instnunents to be played "I be guitar, but, and pemwilon. We appreclate your time to consider our request Sincerely, ' Ryan James I Baldomem Valdez ill tlb3 -92 71 3 W..aiwe t.,.-... , , V . cu W. OAK W, OAK - w Fl cc C. W_HICK I OR) ST W HICKORY ST _ w ITE MAP • MAPSCA+.1 r; z IS DEPT. ENOINEE _ DEN a v c i Chspter20 NUISANCLI, Art. 1. In General, 14 20-1-2070 Art. 11. Abandoned Properly, 14 2031-20.70 Liv. I, Oeneraily, 1124.31-2010 Uiv. 2. Motor Vehicles, i1 20.41-2070 Art. III. Grass end Weeds, 1120-71-20-73 ARTICLE 1. IN OENEIIAL See. 20.1, Noise. (a) It shall be unlawful for Iny person to make or cause any unreasonably laud, disturbing, unnxeenry nolee which causes or may cause material distress, discomfort or injury to persons or ordinary sensibilities In the Immediate vicinity thereof. th) It shall be unlawful for any person to make or esuse any noise of such character, Intensity and continued duration so to substantially interfere with the comfortable srjoyment of privets homes by persons of ordinary sensibilities, (c) The following acts, among others, are declared to be noise nulsoness In violation *(this Code, but such enumeration shsil not be deemed to be escluslve: 11) The playing orany phonograph, television, radio or any musical Inetwnent In such manner or with such volume, particularly between the hours of 1000 p.m. and TOO a.m., so to ar,ay w diet-ub the quiet, comfort or tape" of persons of ordinary sensibilities +,i ',ay dwelling, hotel or other type or residence; 121 The use of any stationary loudspeaker, ampl;ner or musical Instrument In such manner or with such volume as to annoy or disturb persons of ordinary sensibilities In the Immediate vicinity thereof, portleularty between the hours of 10:00 p.m. and 1:00 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 exceptlons upon application when the public Interest will be served thereby; (31 The blowing of any steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within tin city limits, except to glue nof..ke of Un time to begin or stop work or u a warning of danger; (e) The erection, aseavatlon, dsmolltion, sltsraUon, or repair work on any building at anytime other than between tin hours or 8:00 s,m. and 8:30 p,m. Monday th, ough r Friday from June I to September 30; between 7:00 s,m. and 8:30 p.m. Monday k , through Fridey from October I to May 31; between 8:00 a.m. and 8,30 p.m. on f.l~ { Cross references-Protected migratory bird roosts declared nuisance, 14.81; Inspcc. tion and abatement warrants, 1 19.88 et seq; Insect and rodent control In mobile home and recreational vehicle parks, 134.91. Sups, Ns.e 1389 5 c ) 1 20.1 t)ENTON CODE Saturday; and between 100p.rrr, and 600 p m. on Sunday; provided, however that the city council may Issue special permits for such work at other hours In case of urgent necessity ohd in the hrterest of public rofety, and convenience. (5) The creation or any loud and exceesive noise in connection with the loading or unloading or any vehicle or the opening or destruction of bales, boxes, crates or containers, 18) 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 1980, 11 14.20, 14.21; Ord. No. 95. 11, 0.12.95) Cross referents. -Animal nobs, 16-24. See. 20.2. Odors. (a) It shall be unlewrul for any person to create or cause any unreasonably nosloaa. unpleasant of strong odor which touts material distress, discomfort or Injury to persona of ordinary sensibilities In the Immediate vkinity thereof. (b) It shall be unlawful for any person to treats or cause any odor, stench or small of such character, strength or continued duration see to substantially Interfere with the tomfortable enjoyment of privele homes by persons of ordinary sensibilities. (0 The following acts or conditlona, among others, are declared to be odor nuisances In violation of this Code, but such enumeration shall not be doomed to bs exclusive: I1) 0rrensive odors from tow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repos of persons of ordinary sensibilities; (2) Offensive odors from privies and other similar placer, (3) Offensive odors from the use or poseesbn of chemicals or from Industrial proemed or activities which disturb the comfort and repose of poems of ordinary sertsibilltier; (4) Off«uive odors from smoke from the burning of Irish, rubbish, rubber, chemicals or other things or substances, (5) 01[ensiw odors from stagnant pools allowed to remain on any promled or from rotting garbage, refuse, offal or dead animals on say promlsse. (Code 190, if 14.22, 11.23) See. 90-3. Garbage, Irish and rubbish nuisanoa-43aaenlil, i, (a) Sforing or keepfnl garb qe, trssA and rubbish. Thar storing or kseping Q( any gild all stacks, lwepe or piles of old lumber, rohos, Junk, old ran or machinery or parts thereof, garbage, trash, rubbish, scrap material, rules, detnolbhed of partly demalishsd structung or r i buildings, piles of stones, bricks or broken rocks on any promIM bordering any public street Svpp Ne 4 1390 6 C~ c. 1 i ApaM1 N0. i AGENDA DATE: May 11, 1999 DEPARTMENT: Finance & Municipal Services/Tax ACM: Kathy Dubose, Assistant City Manager of Finance and XJl Municipal Services SUBJEL'T: Consider approval of L tax refund to Walmart S6cres East for S10,708.97 due to the Court Order per 2/22199 and changes cn 1996 Supplement #31 and 1997 Supplement P23 from the Denton Central Appraisal District, which decreased the tax liability on personal property, resulting in an overpayment. BACKGROUND. I Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of S500.00. The account was on the under protest roll for 1996 & 1997 and as a result of the court order of 2122199, the taxable value on personal property for 1996 was decreased from S5,194,238.00 to $4,449,538.00 and for 1997 was decreased from $8,09,158.00 to $7,339,060.00. A refund is due the taxpayer as a result of these changes. All completed documentation necessary for refund and are attached. FISCAL INFORMATION; The tax overyayment ra t.we fund would be reduced by 310,708.97. Respectfully submitted: Diana Ortiz Director of Fiscal Operations Prepared by: C Carolene Foise Revenue & Tax Analyst 1 L ffv l f 1997 SUPPLEMENT (Supplement 023) TO: DENTON CITY Date: 3!4!99 FROM: DENTON CENTRAL APPRAISAL DISTRICT P. O. BOX 2816 DENTON. TX 78202.2818 OWNER: WALMART STORES EAST, INC ACCOUNT P84289 ATTN:PROPERTY TAX DEPT 8013 LEGAL DEBC: PERSONAL PROPERTY-DISCOUNT 1301 NE 10TH ST STORE LOCATION: 1618 LOOP 288 S, BENTONVILLE, AR 727124907 DENTON, TX PrWous Corrsew Imp HS: 0 Imp HS: 0 Land HS: o Lend HS: 0 Imp NHS: 0 Imp NHS: 0 Land NHS: 0 Land NHS: 0 Ap Mkt: 0 Aq Ml 0 Ap Use: 0 A9 Use: 0 Personal: 8,659,158 Personal: 7,339,080 Exempt: 0 Exempt: 0 Taxable: 8,859,158 Taxable: 7,339,060 Lose: 1,320,098 Imp SPTB: Land SPTB: Oaln: Pars SPTB: LI -"4"4 Jf InltWed By: JRE Approved By Reason: PER COURT ORDER OF 2122199 THIS ACCOUNT WAS ON THE UNDER PROTEST ROLL AND 1 THE VALUE WAS USED IN THE EFFECTIVE RATE CALCULATIONS. THEREFORE, YOU HAVE A NET GAIN. t ~ 1 C' l+ 1 } 1896 SUPPLEMENT (Supplement 031) T0: DENTON CITY Dote: V4199 FROM: DENTON CENTRAL APPRAISAL DISTRICT P. O. BOX 2816 DENTON, TX 76202-2816 OWNER: WALMART STORES EAST, INC ACCOUNT P64289 ATTN: PROPERTY TAX DEPT 8019 LEGAL DEBCt PERSONAL PROPERTY • DISCOUNT 1301 NE I OTH ST STORE LOCATION: 1615 LOOP 288 S. BENTONVILLE, AR 72712.4907 DENTON, TX Previous Corrsotsd Imp HS: 0 Imp HS: 0 Land HS: 0 Lena HS: 0 Imp NHS: 0 Imp NHS: 0 Lend NHS: 0 tend NHS: 0 Aq Mkt: 0 Ap Mkt: 0 Ay Use: 0 Ap Use: 0 Personal: 8,194,298 Personal: 4,449,658 Exempt: 0 Exempt: 0 Taxable: 6,194,238 Taxable: 4,449,668 Loss: 744,680 imp SPTB: Land SPTB: Initialed By: JRE Approved by: Gain: Pars SPTS: L11 Raton: PER COURT ORDER OF 2122199 THIS ACCOUNT WAS ON THE UNDER PROTEST ROLL AND THE VALUE WAS USED IN THE EFFECTIVE RATE CALCULATIONS. THEREFORE, YOU HAVE A NET GAIN. r t- f L. i i i RAPOR/ TWLe0GDW 04/06106 AT 30:11 0 V[ R P A Y M I M 1! PAGE 16 ACCOUNT NO. RICIIP/ N01 NAME ADDRESS AMOUNT STATUS OP PAYMENT 10610100000 68/0901.0033 RIARDIN ENV PANININS 13 LID PKAML ST 0109 OvINPAY i 03076100000 :81 4131.0064 CLARK .l UL14 N POCKAWS RD 1.96 4 V64MY 190179000 0 a to s6/00/E!•007{ f~appay~~I11111tIfN ~OA IIOML6 PTO NY IeS.e OVIA MY 01017000000 fOSOf%01.0001 0[T •DOfN[A JsROYRr~9V4VAjL L0 44 ,t;lS OV opyV9NAO;AYY Qa O,T 163,•I AY 61136700000 06107/01.0114 1011NSbM GARY TIASL9V A 8 IN 0.19 OVIAPAY 07116600000 66/07/06.0006 1111'. AOALAT R 43001CRI'JT CR 1,1.39 OVERPAY y, 16611100000 1l/07/07.0006 IItd1HALl MARK A WOODROW IN 10,31 OVERPAY Q0QQ33/1100000 'vial 1 //j( 7!/ •000 1111 A I, A 1 1~~7 / 2A sGf~~f,ai'%'vfi .v.::'., a~~i.Afi•'~'T ~A iffill 000 0~ „/a 0/:001111 M PL1~~Ika a PINW6 V ■STL 0IfV 3,v v AV 1511 61766700000 Oe/07/Oe•0031 IAILARD, NINSTIN 1 MCNI NNLY A30 36.41 OY90PAV 611111300000 08107/04 003( TAYLOR, ILI1A/11TH L MCN NNIY A3/ 3135 Ov[R►AV 91311100000 /11/07/04 OD39 PARL111 IIIPHEN C. TIA LEV 0130 L 18..40 OVERPAY a C1 011 1000080 10100%0 •06411 r4i ALI( l :BRYAN O 4V AS` Y 1/II 4q{ V I AV AV 11 /A,Y /It4/100000 f1/07 l00.001 Le IAl 11A t tuI 61104300 0 07/ 004 l NA A R AY 6110660000 607/00N ll1Y MT L V 16006100000 66/07/00.0011 JONES kAUL TEASLEY All? L 61.11 OVERPAY I1531o00000 91/01/01.0063 HINONEL, DANA S MAYNILL 0 47 IS0 OVSAMY 11176100000 De /07/00.0059 IIIM003A ANSILIIO S MAVHILL 0167 36~1.10 OV/AMY 6 V 4L 1001 0100760000 p0 fBS07%0880-00 E NANT1 bU~O fLb MARIA 00041/00 0 0/0 !0.00 7 Al 0 OA-jV jLI0 tR I1Al A L T OA , V 'OY OSI44/ 000 f IIEl4 00 10 / / 0 61 44 ESN I L ! 03571300000 95/07/01.0073 ALLEN CARL L AUDIIA LN 11.19 Ova R►AI' 03604700000 n/07101.0079 PARRIIH J4011 a 90UTLR CAALN W HICH04Y IT 116.40 OVLNPAY 10311100000 0610710E-007a LA A. AAIURO JOSHUA ST 16,40 OVERPAY 7 4311I100000 0610 I 1 AIA L Y M Y ML ag AY169191 11-9111 At6 A A I'f ~A174 y ~~~3 A 031 1100 A OY AAT A DO 0 AV 01607600000 1o/07/01.0091 ANSLAN MI 1111 M MONICLA``A ►L 111.1 OVERPAY OVERPAY 0313100008000 05/SS07/Oo•0000 SMITH, AIGINA of kLA1Rl DA 11 '11, AAO 0307/040 0080 1 %0 M0•1I~t 'OOYN ~3fHIIIAL 6 11N lYiO OVIRPAV \ 00191100000 1/0 81~ ~X 0 IN T N ~OF`.DI 0 Gt AANi o4 6 rEY MO~T~j MB '1 ~0 03103100 00 8/07/05.0i13 00"i Al I A 610 M OA V A 010011100000 111107/OS•0118 CON IALII, , 4011[ AVON ON 36.40 OVERPAY 00331600000 011/07/00.01 U CAIAIIA CARE A tTA L OARDINVIIW S? 311.10 OVERPAY , O1Do loll a l0 ~p0i0M•0~3ti, N1J1UL081141~AINIA` Op JA ~OpI RRO TOWN DR ! Opq!VV( APA4 •3j1~00 D0 00/00/OO~~ItO GOIL~IG. OR6901{T l NOLAf 7. I0~•... PYOAY 7 c t~ AP Alta hoe D6 AGENDA DATE: May 11, 1999 DEPAkTMENT: Finance & Municipal Services/fax ACM: Kathy Dubose, Assistant City Manager of Finance an Municipal Services llllllvvv SUBJECT, Consider approval of a tax refund to DNB Investments, LTD for $716.55. BACKGROUND: Chapter 31.11 of the Texas Property Tax Codo requ;-es the approval of the governing body of the taxing unit for refunds in excess of $500.W. DNB Investments, LTD paid their 1998 taxes for $7003 on 10121198 and again, for the same amount, on 12/09198. A refund is due the taxpayer as a result of this overpayment. All completed documentation necessary for refund and are attached. FISCAL. INFORMATION: I The tax overpayment revenue fund would be reduced by $706.55. Respectfully submitted: r Ir Ortig Director of Fite al Operations Prepared by: CIQLC" Carolcne Folse Revenue & Tax Analyst F L is 04,21,00 NED WbO FAX 9105039990 PLACE TO BE~19111S REALTY ®o02 1PPLICATION FOR TAX REFUND : OF OENTON T "OFFICE CITY 0: DENTON v+r n .a'ou Na At E. HICKORY SUITE F W.WVVWWI 11111"W." ANTON TX 75205 194013498318 'o fora tax refund, the 1axoaYer nlwt 1~! b bwln4. f lop 1: ONr INV l TD )noes namb $25 S CARROL BLVD ^ , nd addre44 DENTON TX 78201.7418 33 .t.o 2: t"W deaal94oft la o&KO eoiy d 9r oa MOW WOO* LKWIN J W. BLOCK I LOT 7R rove" 1a property gadgawbudardpegarOr 99909LM1UNMILLER PKWY Aumm mtnJU d pra0wc Ira mvp numYw. 107131 OR W720049 wme T,. art anr„+r tm~.im 0 lw"tAyitmnw~kl, rgwNLlPdeN erww h Cu To RAW Rmj!4;:V hkwAr7 T., ral w ftut r.w RwMpA "S. 1. tfw M(barLton 1F M 10121199 c 706.95 ;ne t4 to r 2. CAr damwo 3999 171919! [ 708.96 x 706 SS aymerd 1. tfomegon 4 Taroayar'a resin" for retuM (Aftch S)pg6rbn0 docum4fdodonr. _text" MW Ina t" hale 11 hereby Owl b N M as aM r WMI al , a out w 8004. tones ra ore boat at IN iipM 114 ram Ngrr A,& Avlpannq tteraMga: Any Parson n4e Ira t~4 s htt4a they upen tl o b»goMq need oa tm s*w b oz to X1. Impisonmertl of not more that ow 10 "an w Irss Min 2 yaara 4rAw a qua 61 rtot mote qan 16,000 of bA e uch hne end ftMtonmeM. 2. CerSAtmmd In td rar BURR uv b 1 y4Y ttf A I11N b e.e" 32AW a ttoti buck fine mtd almeht as w som in seeb" 3110, Penal Gods ,tev 6 TNe tax mkoju =Appdved =M16 poved J otra. ~'4t ~ v y. MA" t4el he Lf. S 1 INemmmioO Amplov + " +te here r u I 2331 g j ^ DNS INVESTMENTS, LTD n~Ers<rATt w,tor7cllu I! a m 140x810007 u 1a~ u u 1211. CAMOU alt. 100 DENrOMIXAS 7!201 PAY (7/,Et AMOINA TO 7141 oROEaa THREE THOUBAND TWO HUNDRED TNIRTBEN AND i6/100 DOLLARS 12/07/90 $32213.611A*• CITY OF DENTON TAX OFFICE . P.O. Box 961063 • ' `I1' ■ FORT WORTHi TX 76161-0063 -roe . Y 00023310 E:Li~9f47~2E: 04 5 30 00000 213Bile ~ t Y { . s ~ i7 WM4 ' K' 1!111 it ct d, j2 !o 1 iII:It! ul1t h la.11p'.U 1:+!74 lK tl l!s1+t1MJ :111N+M 1 c I L, I PIPOAT TASIOSDIY 04/21198 AT 20148 0 V 9 R 0 A V N l N T I PAOE 11 ACCOUNT NO. AECI Vf NO. NAME ADD413S AMOUNT STATUS OF PAY1fENT 1!!11100000 ti/07/07 0000 WAINALL MARK A MODNOII LN 00.31 OVERPAY a 03344 0 000 / j/ MIT I i 401A o: oia:/~e gSs f f/ j { sNPrA;r fill 071980500 1/r M r: r1 '1 , o V IIfA~f ° 51655400000 98/07198.0.01 AADfO hAL11Af LIASINO f ILM 04 IT 5.91 OVINPAY 01940600000 OR/. 7100.000• SWEETWATER 001 LL A TAVERN S ELM ST 231.17 OYIRPAY 02210100000 98/0 f00 0014 MCCLILLAM. J T JR CARLTON At 0.10 OVERPAY 0 4110 000 ( fJ x. Pi A{~, . S~f 1 1~ AY 1 30 ~ 1~ p~ J ~J~ 1. L jlas,a< x µy4 x f h4M + «a 7.. ' 1 L 14 ` Oa 0, t /0 . 1 N 111 j N V 1!!00000000 !!/01/11.0010 STOUT SARA 1 PA LEV if 4.14 OVERPAY a 34f0/00000 94/07/14.0017 fNORNTow. a1?TV J LAJUMA OR 113.15 OVIRPAV 02495100000 5!/07/11.0023 JA A 4. RALPH AMNIRST OA 144.81 CVIRPAV oft A f 1 as98 M040 ~Otl (~iN.35~Xi~tl'""..k tS ,d .3"a'$h.'x. YvnF":,~11R 7'k .T•~^i 0.iZ~, :~=~r, 0 t/ J k i 7 f 03426400000 11/07/11.0032 RIMO~ LINDA N L Ot t 00 OVER AV 03540700000 51/07/71.0034 11 OC~ILEV, M. S. Sf LL0mwo $7 11 .45s OVSNPAV 10471700000 98/07/11.0036 DI WSRO. CUAT1/ A W S7q►i PARR 1 L11 OVEAPAV 3*s1 a 1• 1 1 MNII~t , s ~I Utz r ~r ;5• f SEES 8~7~~~~0~/~~/~~~ {{J~,~~~0,arcs.,.a'A+'•<:V~vd~•L~`FY$~d..b~.t.~~u~ ~~1E1 r~~1.aa5~¢d{wty~~~yV~~y1rr~~.tir . 167 100000 ~~l01%!1.0015 ON~f IIIVJllplll A. LILI~AMTMIL PM 704,1 OVi1RIlAt TOTAL Of OVIRPAVWNT/ d / h N.91♦"I1, ' "i~.,F~ n ~"7/SIn i ~',r G°~'~x. Z / ~~N uV i~~ ~ .E , I~..ftwE ~ • n ~ ~ A .e ,y4i'~4•a f~a°$'e.`47+^d "~Y}r.+'n ;°'m 4rw =n j~.13w. i.fF «kr~°.. Mutr y " l>y F t~~ ~ Y T l,il I r r✓" J %v.. bi%3~`.J', "IiA~s $'4t` » r hi/, Srb • .3~ + t Y'd v IF.,}{~*^`i/! fIa v. `v:d 1 e ,T, +.r.yy,,•; 5 , S i rF64.114ra~i+lA, k"~'II ~~'3~aE<~F' A~4' 1 eFF x$ d k'Y~ ln:~+FrrkT ~q'~. `n w n4~tY.~4TLn A 1~ f - C C~ A - q AGENDA INFORMATION SHEET AGENDA DATE: May 1 E, 1999 Questions concerning this acquisition may be directed DEPARTMENTt Purchasing to Sharon Mays 349.8487 ACM: Kathy DuBose, Fiscal and Municipal Sffv1ct`-9 SjBJECT4 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF WOODEN DISTRIBUTION POLES, PROVIE WO FOR TIIE EXPENDITURE. OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2352 - WOODEN DISTRIBUTION POLES AWARDED FO NORTH FACIFIC LUMBER COMPANY, IN THE AMOUNT OF f 16,5 17). BACKGROUND: (See nttached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, North Pacific L=ber Company in the amount of S 16,517. ESTIMATED SCHFDULB OF PROJECTi Shipment of the listed poles can be made in 21 days after receipt of an order or approximately June ,1999. FISCAL INFORMATION: r The poles will be purchased as warehouse inventory from Working Capital F1mds and charged to the Electric Distribution Division as the poles are placed in service BID INFORMATIONt This bid is for the purchase of 60-foot, 65•foot, 70•foot and 75-foot cla: ~ one wooden utility poles. These poles are intended to be used in the maintenance of the existing 69KV trmsrnission * line and as emergency stock. Respectfully submitted: Tom Shaw, C.RM,, 349.7100 Purchasing Agent Attachment is Tabulation Sheet 121 I.AOFNDA r u TABULATION SHEET Bid # 252 Date, 4L61~.4 WOOD DISTRIBUTION POLES Nc.lQtV.l DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR- McFarland Koppers Cummins KBS Taylor Norpec Brown Wood Bell Lumber No aid Cascada Lumber Proservlrp 3 Poke ReaPondenb :...dam II Wood Dlstribuftn a 5881.00 (877.06 $01.40 (890,00 1063.00 (806.00 8817.00 5118.00 J Baxter Poles CI1441,6011. Wood [llatributlon Preferred 2 8 Polls Class 1,1811, Ss22,00 ' 5880.00 5647.00 (1,222.00 11,148.00 (180.00 1673.00 (1.42700 $aks 3 3 POW"ej W Ciestrlbugon J, R. 11,127.00 11,047.00 14,181.00 11,440.00 11,183.00 $1,061,00 51,24800 $1,630.00 ' Printer 2 Wood 011106 1,106 s1,871.00 61,442.00 11,816,00 $2,490.00 11,883,00 51,412.00 $1,811 M 52,380.00 711u 4 Polesclass Ni, N L I i N s C? l M r i I ~ ORDINANCE NO. AN ORDINANCE ACCEPT NO COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF WOODEN DISTRIBUTION POLES; PROVIDING FOR THE EXPENDITLW OF FUNDS THEREFOR; AND PROVIDIN , AN EFFECTIVE DATE (BID 2352 - WOODEN DISTRIBUTION POLES AWARDED TO NORTH PACIFIC LUMBER COMPANY, IN THE AMOUNT OF S1 6,517). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget-for the t.,-; ropriarion of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the mimbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items, BID ITEM NUMBE$ 111 VENDOR A IOUN 2352 ALL NORTH PACIFIC LUMBER, COMPANY 516,517 SECTION II. 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 terns, specifications, standards, quantities and for thi specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SSCTIQN ILL 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 r contract Is in accordance with the terms, conditions, specifications, standards, quantities and t 1 specified sums contained in the Bid Proposal and related documents herein approved and accepted. c~ i% 1 I Maw= 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. SECTIOx V, That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of 1499, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I APPROVED AS TO LEGAL FOKM: HERBERT L. PROM, CITY ATTORNEY BY _ M2 SUFFLY, ORDINANCE. i I I I BID NUMBEIt 2152 BID PROPOSALS PACE 2 of 4 Cky d Daaw, Tar NI-s Taw k hrehariq Dep rMml Do/a, Tow %M lrw ~ :,F, ~5 ,'gird. ~ , 1. wood diatribedm poky 6 w, sk25 s 3, 610 Ctaw 1, 60 Ft Each 2. Wood diatnNidoo polo 6 each s jQ s bLft) Clan I, 65 Ft 8eoh 1. wood diaulbuioo pots, 3 s lRob 11 s 3, ~ 8 ~ Clow 1, 70 Ft Eech e. Wood diaa{lydoopohn 2edch s!Lq -12. Sx,OL'f Clw HI, 7S R Each clod IM"" PAW 1~t11 "k ~ rar# m'OR a 16,517 tM; goo nwe~~ sa an.>su FX; IW DoUmy to 1701 C Spow, Rood, Ded^ Tow "ope„rut.,,e~ . wr giwrr d~ re,. taa daevarel M Coaraa, taw dww ea M tlodr r ~_b.6m ~ dour. Tarr aaa!70 ealrrr alwwra rdkarl r%&WftMrheaKvvokywdraragrrrdrrarnbkharbydoCIOdosw%TarWOWamom" powd*mre"Mmaeraaa The *No* SN Fm"w •an bo pw•b W04 dow &I raaawl l7v 3nX '1968 Nof" Qac;r:c- Uwibar (.o, Mrleq A/eer ~~+land oS~ g72o8.39b8 ~..Qn F I wo" { 0o Z -351{o (501?38_•2042 Trr►Ieer ` M MaMr f bwy)" Now 1 ro a~e+ 4 omo,~~-.1L I 1 Title S c~ c, AP* No. AGENDA INFORMATION SHEET AW& iwn na+o AGENDA DATE: May 14,1999 (Ncstionsconceming this acquisition may be directed DEPARTNIENTt Purchasing to Sharon Mays 349.8487 ACM: Kathy DuBose, Fiscal and Municipal Services - SUBJECTt AN ORDINANCE ACCEPTEN0 00MPETniVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF EIGHT ROAD BORMO PROJECTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDINO AN EFFECTIVE DATE (DID 2354 - ROAD [TORE PROJECTS FOR ELECTRICAL CROSSINGS AWARDED TO DICKERSON CONSTRUCTION CO., INC. IN THE AMOUNT OF 3.36,185)4 BACKGROUND: i (See attached Tabulation Sheet) We recommend this bid be awarded to the lowest responsible bidder, Dickerson Construction Co„ Inc„ In the amount of $138,185. FSTIi1 ATED SCHEDULE OF PRO! -CTt Those projects are scheduled for completion within two weeks of notification to proceed. The j Electric Distribution Division will determine the start date for each project. FISCAL INFORMATIONt s These road-boring projects will be funded from 1998.99 budget account (610.103.1033.3664. 9220-C931601A). Bin INFORMAI[ONt These projects are to bore under the streets listed on the tabulation sheet to allow for the installation of electric distribution improvements or expansion of the electric distribution system. k Respectfully submitted; Shaw, M„ 349.7100 Pu 1 1'" \ V Tom Purchasing Agent r Attachment 1: Tabulation Sheet WIAOMA t i r c; Sr Bid # =4 TABULATION SHEET Date; 4120199 Eight Boring Projects for Electrical Crossin s No. DESCRIPT10k VENDOR VENDOR NDOR VENDOR VENDOR { Dickerson Bowles La0eha Duval Whizoon Construction, Co. Eagle Dr. WE of CL SLocust 1 FM 2164 $18,635.00 $19,565.00 $23,880.00 $26,461.00 $31,850.00 2 FM 21811 Teasley Ln about 18' SE of CL Ryan Rd $16,650.00 $18,350.00 $21,600.00 $24,670.00 $31,600.00 3 Sta. 311+25, FMR830WH~ nt Club Ln 10' S. of 8, $14,800.00 $16,000.00 $18,400.00 $24,320.00 $27,160.00 1 1 N 301+05FM 1830/Country Club In 1830'$ of 8. Row , 4 Hobson b $14,800.00 $18,000.00 $18,400.00 $25,760.00 $27,160.00 Ln, 1 N 40+97 FM 15151AIrpon Rd W of Pelorbills W $19,350.00 $19,360.00 $21,600.00 $27,1 MOD $31,500.00 5 drivii 6 29+51FM 15151AIrport Rd a( W line at Tctrapek 519,350.00 $18,000,00 ;20,700.00 $23,490.00 $30,656.00 7 63+56 FM 15151AIrparl rd at Preclslon Or, $21,600.00 $19,350.00 521,800.00 $23,940,00 $31,600.00 K' 285+00 FM 1630/County Club Ln E S. of M. ROW $14,800.00 $18,000.00 $18,400.00 524,080.00 $27,160.00 8 R an Rd. I Total Bid Pr" $138,18500 $143,815.00 $164,360.00 $199,821.00 $238,36500 U P . ORDINANCE NO. _ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF EIGHT ROAD BORING PROJECTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2354 - ROAD BORE PROJECTS FOR ELECTRICAL CROSSINGS AWARDED TO DICKERSON CONSTRUCTION CO.. INC. IN THE AMOUNT OF $138,185). WHEREAS, the City has solicited, and received competitive sealed bids for the construction of public works or Improvements in accordance with the procedures of STATE law and City ordinances; and A'HEREAS, the City Manager cr a designated employee has received and recommended that the herein described bids are the lowest respondent for the construction of the public works or improvements described in the bid invitation, and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; S ECTION I. That the following competitive sealed bid for the constructlon of public works or improvements, as described in the "Sealed Bid Invitations", or plans and specificatons on file in the Office of the City's Purchasing Agent filed according to the proposal number assigned hereto,' are hereby accepted and approved as being the lowest responsible bids: BID NUMBEg CONTRACTOR AMOUNT 2354 DICKERSON CONSTRUCTION CO., INC. $138,183 ' SECTION I . That the acceptance and approval of the above competitive sealed bid shall not co istitute s contract between the City and the person submitting the bid for construction of such publi. works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidden including the timely execution of a written contract and ittn fishing of performance and payment bonds, and insurance certificate tiler notification of the award of the bid. SECTION Ill, 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 acc•.pted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Request for Sealed Bids, and documents relating thereto specifying r 4 the terms, conditions, plans and specifications, standards, quantities and specified sums contalneJ r t therein, 3 { G U 1 That up-on acceptance and approval of the above competitive sealed bids at d 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 ,1999 JACK MILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY 13Y- APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY { BY:- WD 2154 - CONTRAMAL OItDINANC6 wn~pYM.M WIa ~ 1 t, ENDA INFORMATION SHEET / AGENDA DATEt May 11,1999 Questions concerning this acquisition may be directed DEPARTM£NTr Purchasing to Ross Chadwick 349.8101 i ACM: Kathy DuBose, Fiscal and Municipal Serviccso SUBd CTt AN ORDINANCE APPROVING TILE EXPENDITURE OF FUNDS FOR THE PURCHASE OF LIFEPAK DEFIBRILLATORS, MONITORS AND PERIFERIAL rfEMS, AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF O)MPETITIVE BIDS; AND PROVIDWO AN EFFECTIVE DATE (PURCHASE ORDER 94166 - PHYSIO. CONTROL CORPORATION, FOR LIFEPAK 12 AND LIFEPAK 10 DEFIBRILLATORS, MONITORS AND PERIFERIALS IN THE AMOUNT OF S84,3 19). BACKGROUND: In early 1986 the Fire Department decided to standardize on defibrillators and monitors manufactured by Physio-Control Corporation for their Emergency Medical Services. This decision eliminated the need for dual training, two sets of batteries, two chargers etc. A major determining factor was that the hospitals in this area had standardized their equipment ground Physio-Control Coquration. Compatibility and ability to communicate critical lire saving data from MICU to emergency rooms out weighted any savings derived from competitive request for proposals. j RFC0,MMEY_~ DATION: We recommend Purchase Oder 94106 to Physio-Controls Corporation oe approved in the amount of 584,319, f,;~j4fATEb SCFIEDULE OIr]PRQJECT2 Dcli%cry of the listed items is quoted to be )0.45 days after receipt of an order or approxinstely the first week in July 1999. FISCAL INEORMA ON: The units will be funded from Motor Pool Funds budgeted for equipment assigned to the too new pumpers. the 105-foot ladder truck, the 15-foot Quint and the two new ambulances. Pt'RCIIASE ORDER INFORMATIONt This purchase order is for the acquisition of two Lirepek 12 defibrillators with monitors and it%of t the Lifepak 10 defbriliators with monitors. The model 12 unitx will be assigned to the new r ambulances and the model 10 units will be assigned to fire trucks. These defibrillator and monitor units are utilized to monitor heart rates of accident and heart attack victims and relay data to area hospitals from emergency response vehicles. Sole source acquisition are exempt from the competitive bid process as indicated In Chapter 252 of the Tgxas Lrx i Oovesrttn M Code. I 1 I , ,J i t AGENDAINFORMATION SHEET MAY 11, 1999 PAGE 2 OP 2 Restfully submittrl; 1'otn Shaw, C,P.M., 349.7100 Purchtsing Agent Attachment 1; Purchase Order 94106 Attachment 2; Quotation SMB8213297•A 1207 AGENDA I 1 4 I r~ f I r C a~ pURO" OFM N0: 04106 THIS i5 A 7Ma OMnbar 0n»I appar on aA COWIRMIND on kwoieaL dallvary bid, , OF MAAW eau, bames, pa^-kby sops and bilk CIO NOT DUPLICATE 104 Na Sid Na Oar. 04 29 99 Pala Na 01 CITY OF DRFNTON TEXAS RMICHAS'oA DIVISION 1 got-1 67AEE} 1 DOWOK MA 78201-4354 9401349-7100 D.'PW MM 6 1 712 6 7-0042 PAX 9401349-7302 .DOOR PHYSIO-CONTROL Malt"City of 0aOaan1 WASKO at vwvw,cKy0fd~e6m CIE/ 1611 WILLOWS RD MI WLIVHIY CENTRAL RECEIVING 604 ` )MESS P.D. BOX 97023 ADDRESS FIRE DEPT. III ISDIOND VA 96073-9723 901 B TEXAS STREET DEWTONx TX 16201tT JOHN CONROY VENOM NO. PRI49000 DELIVERY OUDIFD O5 11 99 FM DIBTIMATIOW 1KM TB TERMS )01 2.000 IA VENDOR CAT. ILP12 IF0 NANI 7,195.500 14,391.00 +i CITY 1 9100 0 LIFIPAK 12 DIFIB/IONITOR )02 2.000 IA VENDOR CAT. 1 M / A NFO MANE l,]50.~i00 20700.00 CITY 4 9100 PACING OPTION )D3 2.000 EA VENDOR CAT. 1 i / A RIG WAKE 1x125.000 20250.04 CITY 1 9100 w SP02 OPTION )04 2.000 EA VENDOR CAT. 1 I / A IFG NANI 6x5254000 12,050.00 CITY 1 0100 12 LEAD ECG NOMITORIWO OPTION P 09 TOTAL 1 320391.00 w r, NMPC~i S Taxm1 • Not 30 u.w.* okr m "%a ~yr 1. shilfq p wott4atr 1.0.6. Wilt" Mndl 04" xN.«n .,O&O 1 w0: •t, 4 No 1NM1 M m w" LA 00 N NtA~IN b+ N Moot PuRCHAeINa I c: c. e PURCNAK ORDlN W. 94106 THIS 18 A TMa rnarAw not an a6 MWIRMMIB w" Imwkaa, daN.aly W OF MARM c#*. box@% Pac1.~+6 a6Pa and biN& DO NOT DUKICATE Qaq Na 8Id Na Date 04 28 99 Pop Na 02 PURCHABMlO DIVISION 1 0001 9 TWS fTWT I OOMRX011 ?E7M 76201-4354 9401349-7100 Dn W 1k7110 8171261-0042 FAX 9401349-7302 MOR FXYBIO-CONTROL YhR tm Coy of Oamoda Wat+alta at www,cHwfdaMOncan %ME/ 1811 WILLOWS RD ME DEtIVERY CENTRAL RECEIVING 809 P.O. BOX 97023 ADDRESS FIRE DEPT. REDNOND WA 98073-9723 901 B TEXAS STREET DEXTOM/ TX 762011T JOHN CONROY VENSOR N(k PHY49000 DE rm OUOTEO 05 11 99 FOB DESTINATION KM T8 TERMS )05 60.000 EA VIMDOR CAT. 13009375 MFG NAME 121.500 7#290.00 CITY 1 8100 1 FAST PAX 2 BATTERY 706 6.000 EA VENDOR CAT. 18882 Mfg MANE 985.000 5,910.00 CITY 1 9100 SATTERY SUPPORT SYSTEX 2 LISS TRADE IN OF 6 OLD 088 UNITS )07 2.000 EA YEXDOR CAT. 1 M / A MFG MANE 31300.000 60600.00 CITY 1 9100 XISC UPGRADE )00 2.000 IA YEXDOR CAT. 1804200 49 MFG MANI 81032.000 161064.00 CITY 1 8100 LIFIPAX 100 DIFIE/9001TO.) PACIHAXIR P 0E TOTAL ) 35/864.00 1 Toms - Not 10 awN 1wMN e»a..f ` 4. Imauctim 1.08 oa046" w 1 IAN ...aN 1/N.NNJ L M 3. Md w wn WHIM Mao N NafrMf a r N orkaf Whit rINICMA,01F10 . i pL" ML OrAWR NO: 94106 THIS 13 A CONFIRMING L TI+N rwrnb00 mwt IPPw on 11 OF MARK O Mwolell r1NN0r/ Nq 0006, eft, baxt% psa►W4 Imps W bft DO NOT DlJrllCAM s R14 Naa BW Na Ddt 04 28 99 Pop No. 03 CITY OF =ON, TEXAS PtACW.8OM OIVIM 1 901-8 tsa $ OINTON, MA8 10201-4364 9401349-7100 0" WRO 8171207-0042 PAX 9401349-7302 EMDOR PHTBIO-COMTROL V" tM CAI of D~1 WSMHO at WWW.QK"?*x10ft"m AW 1811 WILLOWS RD KS DELIVERY CENTRAL RECEIVING 809 MESS P.O. BOX 97023 AMU TIRE DEPT. RRONOMD WA 98073-9723 901 1 T1XAS STREET DEKTONO TX 762012T JOHN CONRG: VENDOR NO, PH149000 ca fm OU&M OS I1 99 FOS ONATIKATION WO TS TEAMS 009 24000 14 VENDOR CAT. 100420049 NFG NAVE 90032.000 160064.00 CITY 1 9100 LIFEPAX 10C DEF/XONITOR PACEMAKER U k . P GE TOTAL t 16r064,0o MOD TOTAL 1 840319100 01 720 026 0684 9104 88r2SS.00 02 725 025 C099 9104 160064400 - I. Term Not 10 kh4a 1x«010 loss" ~ t'liih N rk+ m" I w I u i I i 1 i hrtl°ttxr.'i Garoatw•.w ATTACININr 2 CuttanM iiyppA Grry~ ttlN 1Mkw" di+J rro ~M rq You 9'r.r Irt Yawl ' knnw•wl NX 7auty F+71 UTA Ou QSLop i140 Qu6UIko it SM81213297•A !w41M ~ To., Denton Fim Depkmnnt Palo M: 1 '`7 MCXiaoay Quote Date: 3/9)99 Denton, TX 76201 Sales RspremLatirel John Conroy PJi01J1:: 940.566.8132 800-412-1142 12261 FAX: 940-749.8109 FOB: Rodmood. WA SMlpplnpl 30-45 Teraa: Net 30 Days Tlth gnOA Is firm 4Mtll 3129199 i r.n a n....1.fl.r QU PStilt I" Dtieeari ILW 1. LPti t.lMAX 12 ddlftesdtee 2 17,9931.00 1799.310 st4,1,06 NL WY000OHTI MPR00Wm ON AW4 QU071 ARL WAR M 034I1.Wff. POILOWIM PRICIM VALID ONLY WORN W= U RMCUM24171a M31TY(0It10NAL110111*f howmm UMAK 11: an~aolr ~b>IMtlMtir, s jw scwp~ fta d da, iada 1 1CdcY*WK !toil! lO01a e~~ bland" 0 $w NW m" %W W&i Ant (neW4, 1411194 "m M M MMPAK 12 2 11,100,00 1)10.00 12.10000 1. 502 op" he the ummic is 2 11.210.00 2111.00 21.210.00 iwm&# 4 R C" 2nd trim 094 96~L d. 12•t,n1 SCO MdelMlat( Opo" br 1" 2 WHOM 1721.00 s12.010.00 UM" t2 ."dU61124U4 ar{n C04, Ldre Uab W ■uhnan6 Cwh I. bell rd orelrwt~ i ee!► S pocb ted 1 eeeb 1 pbd) d IICO LWF46L loo w peFw Ind 2 to& pqw 91w or d0aa 4Mr wd OW4 C044sed 41d yep,., ~t • r NM iMMI CONTAftl) ON INI UVOW "1001`W 000UMIN1 AM r,(M ULV AAVII PART 011 tat sMR TALI I AGMVM W AND Aid t coapwAtIo IKl k JlWr,K. i lunr.nd PeM l,bjral:n ehonps wttheus oimk4, A00ft ke fn14At Md Joke u° wm Ad /Odod W the nmlee pwchass pr1Ge. 6 y c c. of rio-[wiro [ ny Kryota r RMN 5,gVon Coa•y. t16NMA wo a we 0"w9 Von Pop WO on. 17723 QMMWd, AA 330719 -"'J SA I uwnaene: m+p A':.rta; ,e Quotation If. SMB9213M-A r...: nau7.n To: Greg Taylor Pale C 2 2 Quote Dote: MM McKinney Denton, TX 76201 Sala Rtlim4eotat2Ye: John Conroy PHONE: 944-566-8132 804412.1142 x2261 FAX: 940.349-8109 FOX: Redmond, WA SAlpolag: 3445 Terms: Net 30 Days This quote Is tlrar until: 3129199 hef a eeA ..deA u Q(1, r W 91191RU JAW Coarlaral... ' S. UMAX ru 7rueadadoa•raetsry Installed 1 $210.00 $210.00 No our rsuWes LUWAK 11'* n uak 12-UW npaa to 3 taew M ead,iee ("NoM da ""a COMA(UN)CCATMS AMR&WRIM UarmetAtoleaarLewoet2(eha) j s. 3010294 Iatwool Modom 2 5210.00 $210.00 NoClrle MetAres Modem Door Auy) 7. 3011022 Mader Dom Any 1 $40.00 S40.00 go (U* 1. 3011016-02 task atrytol ease 2 $12900 9121.00 No Chaw For Ae 1. WAX 12, data "ddet asap, dp6c poaa and how 1 soon. 9. )010267 Top has! 3 136.00 539.00 Naoirya 110. 3010266 Left hoes 2 629.00 $29.00 No Cav=e A It. 2011017.00 sock roach-Small 2 $19.00 129.00 ito CA..0 , C#fAilxujj memo . $a(s NMI, 7ERM$ CONTAIM9ON 7Na rr PSE M Of T" DOCUMENT AN tXFMCKY MADC MIT O' SA Et AOIrtrM NT AND Mr MCO"OMttO NklrrrN. At oc' "Wwlj and of"t tubim 40 chAnpe Kithawl , Mrs AOplita6'a 6r qht and Sala Uo will be Mded l0 the 4u7Ad ""drake ante. 7 a ~YNe C~W of ri.pwal~.M C.re.iyrgp fV1yNW Gelet qt t Mtewe N~ca vorMN.p 4 text fwan Sex r+027 Aee^~w,wAf4atf.Miru+;4 reiea~N ro ^C~KIm ttti QuotfitiOu is SMH8213297•A r. Rf.re7 I tle TO! Greg Taylor Pipe I: 3 Denton Mrs 27 MdUwy ~i0e0t Quote Date: YAW Deatoo, TX 6201 SAW Repreaeatatives Joan Conroy PRONE: NO-5664132 $00.442.1142 x2261 FAX:;40-34-31:9 FOB: Redmond, WA Shipping: 3045 Term1: Net 30 Days This geote b tlrm until: 3l29P99 hdA paAarl-ilu vats 91s1 cdu DJA6aau JAW 15. 1009315 TASTMII I b6flr/ offs fw iwp 40 $113.00 111.30 ST.:90.00 AsAraftw .ion leatfaiaa IC sin aw / t.rpm $Yom f 6 11,6'0.00 3163.00 51.910.00 Pt&w emd all o/afdy lurfodpfr (oo a&s w ! 1. iws To Alaeort 1 41,000.00 •51.000.00 for fade-in of d aN 233 oob Is. )ASCULANLOt111 t 51,100,00 $6.600.00 a G,r:,.el ,ost /ken.. t w NOTL T>EAM1 CONTAM 0 ON THi RMRSE 1104 OF MS COCLUEN T ARE WAbdiY MADE FART x T-~f 5130 SALES ACq[Lt Eflf ANO APE ktieb4.gK ATED K MtN. S,,W AC edone er! neru IufjoCI W OW"Pt Vdr"ut rubce. Arxtkx io bve jhr.rd Sol" le>t Will W AM44 to the oueY! pwrt'1YH sire. V r c, ~'ete wI~4tom Cnu«. ~iO1.0"A a 7"o-CCA"u. C,roe,go, 1.11 Wm"s Wqe Nam! w rM 0 a;Nn.17Dt7 ~ Wl 16w) sm'us t e :eoo,w.ra: 42s us.Ie+.e:.r r t2eohtieo 8: SM88213297.A To: Gre` Tay1oc r Dsrba Pl:eDeprmAm p•,c r: 4 ZM Deatoo 6201 Sides ReprmataWe: ! Conroy PHONE: 9411`5668152 800.442•! 142 "1 PAX: 944349.8109 FOB: Redmoe4 WA SAippiaj: 30-45 Tenn: Net 30 Days T6L gnete 31 M Motu: 3/29199 tut t IIAAfrtatlen a" t i ee aumw zaw c.,n.ead... 1 i. f0A300 N LIP&PA=4 1eC 4,$IerilleMr/atetJlsr er Duaee AtJ:~NWOMMOVAINIQUMAU"M t fiA33.00 !33.111.00 MM0069UAMf. F0U0W 10 Pa1CM VAM 0N.Y WW ansmPluszY;o►~ACmouear IJPRPAK IOC Paealk DC &akwepdeetdt,., lewir a eenw teoalewM Pee604ee, Ito r 4mm Carr ry.dro,ew dedemlewa cede, atornet edaA Qt1tIC-LpOK~+ de~yu~ ftuevow l Ped w"bAned„1CC0 s> h tell QUO~,dok et McR .atu ad Am" bete f yl.r, a y&MOW "and bMbialldw pA ►q ~hCODE Rwhwosk am *W,~yn+ r Setrlee MW44 90 !lad phed~uiS, ~ 9Wf e1W ON is of LV a PATCH* pt pW an M,00jeo Wo thmtSm ar Pelt of QOTICCO1 t6mosm roW a,a1P cite roaadee Fye, I Yew wwmy a P,a rd IeLor. 1 t. (06131 w CAryl CAN 4 $130.00 $190.00 W Chrtp i CAeAhuN most pass... r 1 IIOil: TERMS COMT"o ON TNf atv M Stoic Ee Of Mf tNIf OOCU rt1A+t AM f:t►RE/SlY MAO! ►,1,RT OF `.1:5 $ $le fA AGItaVSlrT A!.\ AM WOOR►ORAyg0 KWO WOCRACOahe end pr:CW •.ei.n to a\aega rwthe,rt Aerteo. A01'04Lh frolghTIM Was iae WfA be odJtd!o the quoted W Nm erica. 9 G C. i'tin~e-ro.v~c rmua~eroCYIT1 nb 7 fpp••1 CI rtui 11611 Wnuw1 R^~1 Mor,M.wl hia M'r1 NYa lrc`7 ReJ*e,A. NA lie r3 va v4A twrlh entr: lp 414 o.w.l,{7 Q1letatbD SAM8213297-A To: Ores T:ytor Paso: 5 Dentm 227 .K Aoy et Qaote Date: 319199 Denton, TX 76201 Sales Rcprmotatiq: john Conroy PHONE: 940-566-8112 500442.1142 x2261 FAX: 940-349-8t09 F'OH: Redmond, WA SDippins: 3045 Terstls: Net 30 Drys We gl1Ne b !1►i unw: 3/29199 RAJA D.•rrinilds 4it1 ut11t1 QlaEelull Ie2at IS. 3005174 Ulf PAIL An TRAMA 7 139$.00 1393.00 No CMIC AEO belie/ 6r4m pgorN1! wabWe bliebl Irm.o oe,1 f f ffiftbVIL C~*teMw{g m1 CM busk "um ow .0 m ARM4malft 100 bows of Ieer111/ b was oioeoeeo Melerlea br[dn aoo oa d I eqe61/ or R>lySD ~IN~"or lsehk/ er owe e140eo4 W oct of W4%ft el/ebodl/, hod leer Deoe Zkfirm bum&a I P. 1006015 AED Trerr hwhi ul Co*" e.lui 1 123.00 12$.00 No Cwp 1e. 3006024 ABC TRA.INCR Cnylee Cm 2 113.00 smoo NoCwjd TOTAL THIS QUOTE Sa4,31lAO Dr40le,11o: D'ocom 111,119.00 Norris WARRAmy ON AWVB [212 UNR7, om wARPARrsAND LABOR- t>.eol mi ogdpoee Ow buw 40 mfla ty. ~ Al r N01F: Tf" COW"'fa ON TM ft Mee $WE OR"DOM MENT AN COASOW MADE WT OP T45 SUN BAUS AOREEWW, AND Art[ eW oRPORATEn HEREIN, swif' lcmi bro orko/ sublrr, to chomp wkhoui, ;o . AoOksblc G r• IN Lb /111x,11 MV 1k 1001010 Ihr g0no or+,.h11o onto. 10 t TERMS Of SW OeneterTerma P fie-CoRV01 sgrsUM LIE:~hietN the gM pe, Nrvkaa on~ ~iheea a i1pt rwaaed M bray manna without tM prior wriden consent d w Prlolry Unlru trtherwin indicated In this document prices of 0i end aarvfcn wveri6 by this rlavemthan M Dhva{enos ty so" it de drag of CeiN0ry. Pre cue do r01mciuda ( Iasi/ante, Might forwardng fee, tole., rkRba. Importatosxootrolrt perromndit fees, erkes anMy other scimitar charge of any k;nd apppes.k and firv<N Cave ed by this goarment Seise tf aces 18901 en damork IUSAI deter. in Wil be Imrokdd In bd0lon rota~p' sand Services tailedb1' this dondmex untetd Phywd{gnprol reclivb a COPY of a vefld sue exempYOn canincaq Oda lay tedvary. Neale iorwxd year tax amemnptlo complicate a the Phyrbyonrvd Tax Oeponment P.O. Sea f AM. Redmond, Washington lS0~147ft t heytneril Unless Otherwise Inaltebd In Ihfe document er orMrJ+aa tonhrmed try Mvsiotort v1 In framing, Payment for "cods end "Mm suopped by PhyjlO-Control ehalll e e tuDiect to 1M follwwny terms Oomaetk 0.1lki Ate - Upon approval of credit loy /byat cortev. 100% d Invoke due thirty i days eker invofu dew, Intorneelenal Soled - Sight draft of acceptable iwnArMe41 Nrewtable Mbar d credit Pnydfet{onvol maY Chanel tht fermi d j"Mol t M any dny v;W to detlwry by ProvlWrq W"" nedta to the gayer. Pkysie4"troi flear as the right b chirp a IstE f{itackinp hi far rioj+i, ~leflwry Unless atdrwlae Indicotad in Ihie deeumarm QNIvOryahall'A POS Physi~ CoMrd Poktt of ampmom and imps end OA of "Shan Per to dy ewer at this point heel del vsr»m may be made pis rMsl Invokes shall to perm4W and she" become due In a"in ndertce with the payment tptm 1. In IN ebsemce of ~mg &A u M from ua auyar, Phys;O-Centro will obtain vanowitiat an ft layers behalf end ter the avyeri account bold" CloGwrv dazes are appro,imou Ppysict-4m t min mat be table to rev loco ar damage of any idmd due to dative in do6vefy or nondethrery, bwhinp Mora M Buse tayond b renerialrb tonpel, Imtduthrtt but rte! Mmbd f>. aw of ftOd, labor rl;epyfba, M nrqulrementa of any gevdmmente~ 1iidtarrtyA. wn 6r tl'~ JnufactWti ebtW1`4 AMY re0ul»d kede Or parmR eM geodd km eta usual so My AO not bd eMildimed a Drench of Ph r'd m sa evol nhery to obtain date Shan be .attended fco the bntdl d y+ieCetrosl and The euyah agrnment And the deiMn InaPeetlene Claimi by the a Wer fa femepd to of shomepei of toode delivered .hall be madd w thin thirty act dos o tsr shipment by pmvidin4 Dnrtid-tonpw With wrrirdn natiu of env de fbinay. Peyrhi nt !rte not Wfinjem WW Yrunadlata Confell" W any ddecieneled and ~ . Phvsie{onttol pfidr APO," it rapulydd bell the WOO! Of MY aaadS to Pkvsxs Control. Warr" Pnysfo-Corror warrana its produces In acaerddnda with the some of the standard "o-Convet Product WsnaMy 1Wcable to thd produce to ybt a'r 7,r Pk "(sld and the nomadb~ypAt ~o q hoar 040 0""be the gagers acre and Inclusive remedies, Phys;o-Contrd makes r4 other ' "n' =~j P' PiT I filrt ~ B40 WAAF M" Of W&P~AbM ARE 90m IkIQO WAL MbMEN7U SnOlAt, ON OTKA DAMAPUS. Patent I We aNY Upon receipt a prompt matte own the SJyer AM ryMh the Svyera Wbrity and assistance, fhisioComrW sgren 10 defend. Indemnify and held t In Or~nfrN f o 400 $MY dptM Net" Phyefc-Cenool aodmil eevsred by this document d4 cdV ImMage any United Stoma of Ani k N# ($isoerrtrte"0 of the a r a Wam" t W rare ourddted Mnundef win not be raehippsd of reead to any pereems W pieces Prohibited by the awe sl ths lJnh i it ~F t l hyoWCornrof p oduW, the Suysr don nor ao0ulre any interest In any toormg, drewingt, ddeign Inform Rion, c r s si nq §'f e n httQ or eoneM roN;nfe rare en related to mid Produce, a'nd tM euyar eepresely agreed motto rave rte int0 j if re f cued tofbgre and Won ahem. 4 The rightsend abiltabend hyi d{enael erd Ad SUM featid to thd pum irm And $old of Product and ""cad described In the ~ ' A m r daument shell be "creed byte lawn cf the Sao of WsahIVdm, Unifad Stain OfAmdAee. Allcoop and onanan incurred by ven Cerrfrd! r11a164 Ca onrorcomem of b"under tedocment Including ruteneW ettutWA bet, den ba rambncd by Phlet Lop I Urdctre. N.H E C 1 I ORDINANCE NO. AN ORDiANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF LIFEPAK DEFIBRILLATORS, MONITORS AND PERIFERIAL ITEMS, 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 (PURCHASE ORDER 94106 - PHYSIO-CONTROL CORPORATION, FOR LIFEPAK 12 AND LIFEPAK 10 DEFIBRILLATORS, MONITORS AND PERIFERIALS IN THE AMOUNT OF $84,319). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, e%ret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF TILE CITY OF DENiiON HEREBY ORDAINS: S ECTION L That the fcllowing purchase of materials, equipment or supplies, as described 1 in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER MENDO$ AMO 94106 PHYSIO-CONTROL CORPORATION 584,319 SECTION 11. That the acceptance and approval of the above items shall not constitute a 1 contract between the City and the r mon submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION Ill. 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 raid contracts is hereby auth rized, SECTION IV. That this ordinance shall become effective immediately upon its passage and approval. 12 c cl r PASSED AND APPROVED this the _day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PC 94106 SOLE SOURCE. ORDINANCE. J ~S fl"~ 0 13 w I ! u 1 1 PLg0" OR= NO: 94106 THIS IS A Tnlo -mordw mint ,ppm on an CONFMMING ORDER L„okrm ddiwry slkt aat Of MAINIM On. po tit paeklrq ttlpt ad >>t DO NOT DUPLICATE qp Na Bid Na Oda 04 29 99 pw Na 01 KW.-ASM DMCSIM 1 901 B ~s S IDEDENTON. 7 XAS 76201-4364 9401349-7100 D" META0 6171267-0042 FAX 9401349-7302 -ww PHYSIO-COMTROL Volt t1M City of Drrninrlt WeMito N w4Vw.e40fdontoneom VA/ 2611 WILLOWS RD NB DELIVERY CSKTRIIL RECBIVIKO 809 IORESS P.O. BOX 91023 ADDRESS PIRG DEPT. REDMOND VA 99073-9723 901 B TEXAS STREET DENTON, TX 76201ST JOHN CONROY VENDOR 14 PHY49000 OE1.IYERY QUOTED 05 11 99 FOS DESTINATION RIVER TS TERMS 1 )01 2.000 ER VENDOR CAT. #LP12 MFO VANS 7,195.500 14,391.00 CITY 6 9100 ' LIFEPAK 12 D:FIB/MONITOR )02 2.000 EA VENDOR CAT. I N / A KFG $A11E 1,350.000 2,700.00 CITY i 9100 PACING OPTION )03 2.000 EA VENDOR CAT. I N / A KP0 NAME 1,125.000 2,250.00 CTTY 6 9100 SP02 OPTION )04 2.000 BA VENDOR CAT. 1 N / A MFG NAME 6,525.000 13,050.00 CITY 6 9100 12 LEAD ECG NONITORIKG OPTION P L09 TO'T'AL t 32,391.00 F A 3. iHmt Not lI ,a .MwMw 4.aM,J U.hn .e..w rasU y1~ Y Mk rMi i,pRltlp NMF• 4. hl Ne r M M+tf sti et~c F.OA M1tl k ap~1 Yic I,NrH fAe1 to eMl k L hid~l N ~ rq i ~ on lrkst blood 1D~1 TK 1~/I11 n PURCMA51N0 CCa IPLOCHASE ORDER NO: 94106 THIS IS A TN* mordw mast APPW on all CONFIRMINQ ORDER irrroie44, ddiwry PI1p~. era. (IF MAAM ctm, ba D~c►64 6*s rw IWO& DO NOT OWMATE 164 No ew Na Dots 04 20 99 Pap No. 02 CITY OF DENTON TEXAS PlNtC103AG0 1061 1901-8 TLUS STREET' I DENTOK TEXAS 76201-4754 9401349-7100 DIFW METRO 8171261-0042 FAX 9401349-7302 :MOOR PHYSIC-CONTROL Visit Ow Cdy of DwWs Wobs1t4. www.ei"fdrkoncom WE/ 1811 WILLOWS RD ME DELIVERY CENTRAL RECEIVIKG 809 101MS$ P.C. BOX 97023 ADM" FIRE DEPT. REDMOND WA 98073-9723 901 E TEXAS STREET DENTOM, TE 76201sT JOHN CONROY VENDOR NO. PHY49000 OEi1VERY meet 05 11 99 FOS DESTINATION SIM TS TERMS 105 60.000 EA VENDOR CAT. 13009375 KFG NAME 121.500 7,140.00 CITY / 8100 PAST PAK 2 BATTERY )06 6.000 EA VENDOR CAT. IBSS2 MFG KAKE 985.000 5,910.00 CITY 1 9100 BATTERY SUP20RT SISTER 2 LESS TRADE IM OF 6 OLD BSS UNITS 107 2.000 EA VENDOR CAT. 1 M / A NFG KANE 3,300.000 6.600.00 CITY 1 9100 NISC UPGRADE s )08 2.000 EA VENDOR CAT. 1804200 49 MFG MANE 8,032.000 1!.064.00 CITY / 8100 LIFEPAK IOC DEFIB/MOKITCR PACEMAKER P OR TOTAL t 35,864.00 0 U 1)N M . shies p vstucuon FM& Dettir" MydIww+..*V. "afto t SOW IA'VI 14,We4 MA 4wmw an 1. 1 Fa14 6No 411 ~r r m was tix im w i k*4 Fwch&Wq Division N prices t«IMd 00%K S1it46 P'U cmSMIO J III c' (1 PUllr"fA$E ORDER r on 94106 Ttrl THIS IS A s nmrba rv':,:s appoa on AN CONFNIaiNO dIOER Invaim dathwy alipa, cwa OF ..,A1ECE09 cvw- poxn, p ek4 al06 and ema. 00 NOT DUPLICATE 11 44 Noc Bid W Data 04 26 99 Pap No. 03 04 TEXAS 76201-4354 pIAAO"M DM ON 1901 B TEW STOREENti' JTEDENTT0XAS 9401349-7100 DIFW METRO 8 1 712 6 7-0042 FAX 9401349-7302 mm PHYSIO-CONTROL VWt dN City of Oamaia WebWW at wwowcity0fdaMavcOm m/ 1011 VILLOV8 RD It calm CENTRAL RRCNIVIKO 809 )DRESS P.O. BOY 97023 ADOm FIRM DEPT. REDMOND NA 98073-9723 901 E TEXAS STREET DENTON, TX 76201ST JOHN CONROY VEM)OR NO. PHY49000 OELKW OWED 05 11 99 FOE DE9TIKATIOK 1111" Ti TERMS 109 2.000 EA VENDOR CAT. 100420049 MFG NAME 0,032.000 16064.00 CITY 1 9100 r LIFMPAK lOC DS►/MONITOR PACEMAKER j ~ a 1 4 I L P OM TOTAL t 16,064.00 0R .1111) TOTAL a 04,319.00 C'< 01 720 025 0584 9104 68,255.00 02 725 025 C099 9104 161064.00 IigOit KKTIIUtrNY L IV" • Nn 3a KW 1. $A' iM YM4actiaft 7.08. drtirmien papai4 arbu Now*") M1 M► k L N. Nwd or sw w" w Maa M NeluN/ Flwchawl v M fxlat Nna4 "CHASNVO - t l r o u Apak M0. AW40 If1t0 b AGENDA INFORMATION SHEET Nil AGENDA DATE: May 11,1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Jerri Rainey 349.8199 ACM: Kathy DuBose, Fiscal and Municipal Services Z SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN AN79UAL CONTRACT FOR THE PURCHASE OF UTILITY BILLING ENVELOPES; PRO%MING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFHCTIVE DATE (BID 2348 - UTILITY BILLING ENVELOPES AWARDED TO PRECEPT INC. IN THE AMOUNT OF $20,100). BACKGRO (See attached Tabulation Sheet) RECOMMENDATION: % a reconamend this bid be awarded to the lowest responsible bidder, Precept Inc. in the amount of S.0 135 each for 750,000 maiting envelopes and 5.0133 each for 750,000 return envelopes, total bid award of S20,1 00. f,STLM_ATEQ5CHED11E OF PROJECT: The envelopes cen be delivered in 13 working days after receipt of an order and will be ordered as needed throughout the year. FISCAL LNFORMATIQNo The envelopes will be ordered into warehouse inventory and charged to the Customer Service Division on an as utilized basis. BID INFORMATION: This bid is for the annual supply of mailing and return envelopes utilized by the Customer Services Division for distribution of utility bills. Respectfully submitted: i 1 . `Z t 0/ % Tom Shaw, C.PM., 349.7100 Purchasing Agent Attachment is Tabulation Sheet OW AGENDA 1 . i U ATTACI KW? 1 ,111 TABULATION SHEET Bid # 2;L4$ Date: 3126199 Denton Municipal Utility Envelopes No. VENDOR EM Z TOTAL Demon A4iklpal Return Envelope Enveope (s ws.X3 314') 114"x 4118• 1 Precept, Inc. $10,125.00 $9,975.00 $20,100.90 2 FJ Forms $11,272.00 $10,132.50 $21,404.50 3 Moore $11,168.76 $10,330.00 $21,498,75 A 4 Herr $11,625.00 $10,687.60 $22,312.50 5 Tension $11,910.00 $11,5'50.00 $23,460.00 6 CLC $12,525.00 $11,025.00 $23,650.00 7 T M Gra hits $11,842,60 811,842.60 $23,685.00 8 ST ;12,465.00 $11,986.00 $24,450.00 9 Compudsts $15,262.50 513,837,50 $29,100.00 10 _ Eagle Press $14,611.87 $14,671.87 $29,343.74 11 Coopers $29,220.00 $29,992.60 $59,212.60 i i I 1 2 i i i TABULATION SHEET Bid # 24fl Date: x125199 Denton Municipal Utility Envelopes No. VENDOR ITEM 1 REM 2 TOTAL Denton Municipal RatuM Envelope Envelope (9 (e 618"4 3!1') 1/2"x 4118" 1 Precept, Inc. $10,125,00 $9,975.00 $20,100.00 2 FJ Forms $11,272.00 $10,132.60 $21,404.50 3 Moore $11,166.76 $10,330.00 $21,496.76 4 Herr $11,825.00 $10,687,50 $22,312.50 5 Tension $11,910.00 $11,650.00 $23,460.00 6 CLC $12,625.00 $11,026.00 $23,550.00 7 T M Graphics $11,842.60 $11,842.50 $23,685.00 8 BT $12,465.00 $11,985.00 $24,450.00 9 Compudata $15,282.50 $13,837.50 $29,100.00 10, Eagle Press $14,671.87 $14,871.67 $29,343.74 1 Coopers $29,220.00 $29,992.60 $59,212.50 j I k 3 I i ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF UTILITY BILLING ENVELOPES; PROVIDING FOR THE EXPENDITi!RE OF FUNDS THEREFOR; AND PROVIDING AN EFFECT IVE DATE'. (BID 2748 - UTILITY BILLING ENVELOPES AWARDED TO PRECEPT INC, IN THE AMOUNT OF $20,10). !I WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, sup; lies or services in accordance w ith the procedures of STATE taw and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest respon 'ble 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 Cit) 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 I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BI ITEM NUMBER Si L VENDOR AMOUNT , 2348 ALL PRECEPT INC. 520,100 SECTION II. That by the acceptance and approval or the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and J 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 Irritations, Bid Proposals, and related documents. SECTION III. 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 R1anager 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. 4 t c i SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor In the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinmee shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1999. s~ JACK MILLER, MAYOR ATf EST; JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2766 SUPPLY. ORDINANCE. w, s t I i i BID*:. 2348 BID PROPOSALS Page 2 of 2 City of Denton Pwcharing Department 9018 Tema Strowt Denton, TX 78201 i ITEM aCRWMN QUAN. PRICE TOTAL 1 Denton Municipal Utility envelope (g 112" by 4 118") as per 750,000 as Q. 0 13 5 1 ¢,1 t~ sample provided. Must conform exactly to the sample. All others will be rejected. 2 Return envelope (8 5/8' by 3 314') as per sample 750,000 ea 0,0133 provided. Must conform exactly to the sample. All others will be rejected. # Ike+M f w;~►M~'~ d,t9uo~So~~, 153 o.olz8 * r}2~'1„~+,~ v~,~.. O~~~o•~Sa~ DSO ,Olz1 90~'7 , Stmpies must be available upon request. Quantities are estimated. Pkee shall be held for a 12 month peiod. Orders will be placed on an as needed basis In minlmum lots of 250,000 ea. The contract may be extended by one-year Increments K agreed to writing by both parties with all prices, terms and conditions remaining the same. Prices should be qucVsJ F.O. B Denton, Texas, k TOTALS 1 We"rw above f.o.b. derwred to ow*o, rears. ehipn«x am be made In hem NOW of order. Tema nem unler olrwNbe Inaww. In subw" rv above w. ft vmdr awsm ow eoeep,anee of my at as bit WN by One CIy d Denbo, Tpaa YAW a reeeambie prod of a" oonaetutn a a TM oom m" aid Prop7eal mare, bs prepery pnoW. WVW and returned. y -~(Qdr) Cllbwyn5 V/ (I D-A T, r ve+v pUk.A Te15OtB ' l!' oy soft, av r q-DA- 0 4zq ~'}tvt WS )-7 V Fa Nuw bar Tire E i AGENDA INFORMATION SHEET ~ ! - AGENDA DATE; May 11, 1999 Questions concerning this DEPARTMENTr Purchasir,g acquisition may be directed to Jerry Clark 349-8390 ACA I: Kathy DuBost, Fiscal and Municipal Services I S t CT: AN ORCiNANCE ACCEPTINO THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ALUMINUM BOX CU!-VERT AND HEAD WALLS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASE FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING a AN EFFECTIVE DATE (PURCHASE ORDER 94823 - CONIECH CONSTRUCTION PRODUCTS, INC. M THE AMOUNT OF 543,486, 11). BACKf:AOt rti n. The renovation of the section of Roselawn Drive near Roselawn Memorial Park requires the reconstruction of the bridge over a drainage channel crossing Rosciawn Drive. The Engineering Division wants to try a product new to the City of Denton for bridge construction. The product is less expensive and easier to install than the traditional concrete box culvem The new product is a full-corrugated all aluminum box culvert and head wall system. It has proven to be successful in numerous other applications. RECOM JIFNDATION• We recommend Purchase Order 94823 to Contech Construction Products, Inc, be appxved in the amount of $43,486.11. ESJM11AT -D SCHFDU F. OF PRO t CT, no box culvert and headwall assembly for this project is scheduled for delivery within 40 days after receipt of a purchase order. FISCAL. TNFOIIMATION, This culvert and head will acquisition will be funded from 1998-9 Capital Improvement Project budget account(482-OM-STRT•9919.9105). N. Purchase Order 94823 is for the acquisition of a 3-barrel aluminum box culvert 35-fM in length with a span of 14-root and a rise of 6•foot. It will IK installed near the entrance to Roselawn r Memorial Park and is part of the Roselawn Drive Rec• ;nstruction Project. r Sole Source acquisitions are exempt from the bid process as per Chaplet 151 of rbe Te as " Qpyjrnmen1Code , r 1 J t; AGENDA INFORMATION SHEET' May 11, 1999 PAGE 1 OF 2 Rrectfully submitted: Tom Shaw, C,P.M.,349.7100 Purchasing Agent Attachment 1; Purchase Order 94832 to Contech Construction Prc-f ic% Inc Attachment 2: Price Quotation Attachment 3: Sole Source Verification Letter IMPAOENDA i r A MAtCH SE pflbM NO; 04823 tU$ IS A 7Me FMNT" fact A on rI CONFIRMING ORDER by ;m dekwrll ow 0"4 OF MARKED) oft, boxes, "alrq 00 " Mpg cc so, DU mATB Ll qca Na Bid No oft 04 26 99 flap. Nr. of i CITY OF DENTON TEXAS MO MM DIVISION 1 901-8 TOMS BTi1R ! DY74TOF1 TEXAS 7620t-4354 r 9401349-71DO DNW 1ETR0 8171267-0042 FAX 6401349-7302 :MOOR CONTECH CONSTRUCTION PRODUCT" "CNy 01 DrMa,le WOWN0 M wyw' 0MIdeMoncom 4ME/ 4425 W AIRPORT FWY STE 340 OELIVERY CENTRAL RECEIVING 824 XIRESS ADGIIES$ STREBIS IRVING TK 75062-5833 901 B TEXAS ST DENTON TX 76201 GARY YOUNG VEP610R NO. CONS7000 DISMAY OIM O 05 15 99 FOB DEBTINATION RM TB TERMS 701 35039,550 VENDOR CAT. 1 M / A Nye MINE 1.000 35,019.55 f, CITY 0 8300 ALUMINUM BOX CULVTBR WITH FULL ALUMINUM INVERT 3 BARRELS AT 35' EACH )02 0446.560 1111 VENDOR CAT. 1 K / A NFG MANE 1.000 0,446.56 CITY f 6300 ALUNIKUK HEADWALL PACKAOB CONSIST OF 6 BASSWALLS AND 4 CORNER PANELS PROJECT R08ELAWN w P GE TOTAL 43,486.11 GR ND TOTAL 43,486.11 01 462 020 BTRT 9919 9105 43,466,11 i fl01N1 i , 1 Time - NM f0 w." .wa.. y..n.u IL 4. M Inerretlm 11.04 DoMWAI n p 1 ew., -w.a, v,.r,a IN iNer/ M we lrlM W EMI M Inelrlel c n6 r eron xis N N pim bNM4 VEf~011~011I01NAL APR 26 '99 13=14 FR CC TE04-IR(.," 972 257 3796 '7 948349'702 A.B2/W i ATtAC9®R 2 S ' 81Lt.'1'lt.Mt 3 PRI M(i BCIt uu • Rt3SELAWN Str..tw Cod lfft~ 015C Ahosba Box CUtvatWft Full AWMIM = ! 33,039 33 kNut 3 Baneb x133' eeoit SOMAWr - of A w 1.1/64mkka" awr AlumiuM l OW"ali 1~rclraBt S t,44d.36 (Ca mw of 6 BmmW rod 4 am= p ls) 1br Wowiq Is a list of iW= and mvias betided in tbb Pid* , . Ahalw s shtr hW piss &k atim aoowdioS to AAMM M 119 with Amrtierr Ma41e Al=bw% 9`x 9.3' oonupdoa, boat sad outs Mu" Caaeeroeda td hp Drawiep CoaPabWd if ~ bmklkdm W*Uotim. • Plaaomtn-obvn onmUma • Job he Sesvioe Note: r • ' h rhotife totd prior fot tM s6nlotnns~ wbiri►ontweeob . M o~looludcr dollvwy to jubrito • Prioint does ad iooluds eriq tex " • Refs to r WAW TONIXTIUNS OF SAW • e I ' ` r A j("1 a~ U 4 c f Array 3 April 20, 1999 i cc: Jerry Cfarlc TO: Tam D. Shaw, CPh4 FR: Oary yam; RE: Aluminum Box Culver Dear Tom, CONTECH CONSTRUCTION PRODUCTS INC. Mpoaeu w }nI nwAodl, Noddlm8ham pro}act ibr Roslyn snd CONTECF1 IN only domestic supplies of Aluminum Box Culver. Think you for your interest is CONTECH CONSTRUCTION PRODUCTS INC.. Plow give me a o411 if you have any questions st (972) 639-0928. Sincerely, CONTECH CONSTRUCTION PRODUCTS INC. Omy R. Young Regional Sales Repromtstive F S ORDINANCE NO. AN ORDINANCE ACCEP rING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ALUMINUM BOX CULVERT AND HEAD WALLS 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 (PURCHASE ORDER 94823 - CONTECH CONSTRUCTION PRODUCTS ,INC. IN THE AMOUNT OF $43,456.11). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are o,tly available from one source, including; items that are only available from one source because of patLnts, 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 moreof the items mentioned in the above paragraph; NOW, THEREFORE, i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the following purchase ormated als, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: i PURCHASE ORDER VENDO AMOUNT 94823 CONTECH CONSTRUCTION PRODUCTS, INC. 543,486.11 SECT10JU. 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 1 shall comply with all requirements specified by the Purchasing Department. 5F('I1Q=. That the CityManager is hrnby authorized to execute any contracts relating to the itetr ; gwified in Section I and the expenditure of funds pursuant to said contracts is hereby authorirx, SECTION IV, That this ordinance shall become effective branedistely upon its passage and approval, ` i i 6 e u PASSED AND APPROVED this the day of ,1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: EC 94823 SOLE SOURCE, ORDINANCE I 1 r r i r V 1 r c, AP* No' ~ qNa. AGENDA INFORMATION snEE'r AGENDA DATEt May I I, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Jim Coulter 3497194 ACM: Kathy DuBose, Fiscal -,rid Municipal Services 511U E C-T; AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF BIOXIDE, A PRODUCT AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES tROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 94822 • US FILTER/DAVIS PROCESS PRODUCTS IN THE AMOUNT OF 531,751.55), BACKGROUND: The Hickory Creek Sewer Line near the Wimbletc: Neighborhood has experienced „ •roblem with excessive hydrogen sulfide for several years. After a lengthy process of tr)ing various products, Bioxide was determined to be the most effective product in controlling hydrogen sulfide gas. Bioxide his been very successful and it is a non hazardous chemical. It takes approximately 57-gallons of Bioxide per day to treat the hydrogen sulfide odors, RELOMMENDATION: We recommend Purchaie Order 94822 to US Filter/11svid Process Products be approved in the amount of $31,751.11. p. TIMATED SCHEDULE OF PROJECTr The Bioxide product is in supplier stock and will be shipped u requested with three weeks notice, PRIOR ACTIONSIREVIEWS: Council approved a similar sole source acquisition of Bioxide on the following dates: a October 1996 • March 1997 • January 1998 I 11SCAL.INF'ORMATION1 This acquisition will be funded from 1998.99 budget account (625-082-0470.8502). 1 i G t~ f AGENDA INFORMATION SHEET MAY 11, 1999 PAGE 2OF2 i PURCHASE ORDER INFORMATION1 This purchase order 4 for an annual supply of Bioxide, a non-hazardous chemical used for the treatment or hydrogen sulfide odor from sewer lines and lilt stations, Our major application will be along the Hickory Creek Sewer Line near the Wimbleton Neighborhood Application rate Is approximately 57-gallons per day. Sole source acquisition of products protected by patent or copyright are exempt from the competitive bid process as Indicated in chapter 2s2 nrthe Texas Local Oovemw nt od , Respectfully submitted: Tom Shaw, C.P.M,, 349.7100 Purchasing Agent Attachment l: Purchase Order 94822 Attachment 2: Letter of Verification-US Filwt(Davis Process Products 01% ArMA 1 1 a' cc~ ~I I KWHAN 0110~lw11«N&. 94822 THIS 18 A tmok mw* delwiryfs cr~ie~ cow" OF MI MAMM et%, aoxa. Me01n9 1100 &W biMO DO NOT DUPLICATE Roy No: Sid Na D" 04 26 99 Pop Na. 01 r CITY OF DENTON TEXAS M*-1ASMq DAMO N 1 901-5 MM FW I OMON, nUS 76201-4364 9401340-7100 DIFW MNTNO 5171267-0042 FAX 9401349-7309 ENDOR U8 FILTER/DAVIS PROCESS "111 this City of DemloWe W@Wt4 0t WWw.eiholdonton.eom AME/ 1126 M SOMIE A WATER RICLANATIOM S07 DORISS 830UIN TX 78155 1100 MAYNILL RD. DBNTOM,TX 76208 VENDOR N0. USF50000 DELIVERT QUOTED 05 15 99 FOB DESTINATION BUYER TS TERMS 001 17163.000 OA VENDOR CAT. 1 N / A N►0 MANN 1.850 310751.55 CITY 1 8500 BIOXIDE TO TREAT ODOR AT STATE SCHOOL NAMdOLE i 1 w f , I P 0E TOTAL I 31,751.55! OR RD TOTAL 1 310751655! eJ 01 625 082 0470 8502 311731.55 1. lNIM • INI 16 wW Jo.w, •M4d 1 Naarllift F,OS 00nw.aM IWpOy"N' tw4H so& , WOW M l ~d M IIM M1N Y4 tA011 N M0Aw101 --------I~i,eirM--Trr ion---- { M Nktl NINI APR 22 '99 04113PM U S FILTER DAVIS PROCESS P.212 A1TACMMT 2 . Ik1 A1~ I MM6 MOfAII feeellcn ~ " 2110vurAr1010 t0.xm" "M0' X2111 r wa p4ml r0iom 994 all Aptll 21,1999 FIX 0 940.149• t ISO Duntm Hefpol City of Denton Deer Me. HAfpoL U$FUte9 to dw sots mum p.ovidof of BIO=Bm The pUmhM 01 1410=30 AOW V0 11W eonetialw M hMiitl HO"" 10 peaetieo 14 "OOM Of , "RomoW of Dtuolvod Hy&"m 8n1Ade And R41cdOn of St U&P DOD In SOW= Md OdW Wane synemo", u domibd to Uai10d Shane PdW 04,911,$43. sbonld you hm any gwse m or fegtdro Additional IntbfmAtion pleW 11e1 dw to Oct"d the d I. $00.341-39$2. sinoafoly, ' UBNYL'PSte i Dour DAVte saloe Meayef 1 kn►~~unvwurarel.eeM 4 t, it A ORDINANCE NO, AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF BIOXIDE, A PRODUCT 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 (PURCHASE ORDER 94822 • US FILTERIDAVIS PROCESS PRODUCTS IN THE AMOUNT OF $31,751,33). 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 purchase of materials, equipment or supplies, as described in the "Purchase Onlere' attached hereto, are hereby approved; PURCHASE ORDER VENDOk AMOUNT 94822 US FILTERIDAVIS PROCESS PRODUCTS 531,73135 I SECTION 11. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION III, That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant said contracts Is hereby authorized. SECTION IV. That this ordinance shall become effective immediately upon its passage and approval, t n u I PASSED AND APPROVED thli the day of , IQ", { i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PC 94822 SOLE SOURCE. ORDINANCE. I f a 6 I~[I[I ^ s t r- u rtJ11Cf1ASNE OFIDpI N0: 94922 THIS IS A fM~ ^ ~~pw ap FIRMING not blrWon d.uY«y •xp~ ewe OF MAWD1 ew bean wokino Nips rld aIk 00 NOT DUPLICATE Rp Na Sid No Oft 04 26 99 PW No. 01 M911" WCSITY 90 ~fW AX TbUjBT" 74201-4364 -71 ENNA US FILTER/DAVIS PROCESS S401M611 M» city o WOW$ k°wWw.c4of Sa«~e+e'mf3o2 AME/ 1126 x SOVIE all"" WATER RECLAMATION 907 SEQUIN TX 7S1SS 1100 NAYNILL RD. DENTON*TX 16209 VENDOR NO. USPSOOOO 9wm Qx= 05 SS 99 FOB DESTINATION RIVER T9 TERMS 001 17163,000 OA VENDOR CAT, 1 M / A MFG NAME 11950 31,751,55 CIT! 1 9500 , DIOXIDE TO TREAT ODOR AT STATE SCHOOL NANHOLE v G 1 P OE TOTAL i 31g,761,55 OR MD TOTAL ! 31#761.SS C. 01 625 002 0470 9502 31~761.SS wtr w, w~ r.twu f friia`~a 4 r f iwnN• N.t to c N fM 4601"m ago WI Wolf MMi1 Wtd ulrwu M,I~N1 1011 Iwbl I r I ~I r ~I I Aptetd4lYn, - AGENDA INFORMATION SHEET AQt * MM Dtb AGENDA DATE: May 11, 1999 DEPARTMENT: Utilities Administration ACNI: Howard Martin, 349.8232. SUlB,[ECT3 Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Kimley-Hom and Associates, Inc„ Fort Worth, Texas, in the amount of 5172,800.00, for engineering services pertaining to the design and construction ora twenty Inch water main along Fort Worth Drive (U.S. Highway 377) from Bent Creek Estates to a point approximately 1,500 feel north of Crawford Road, In Denton, Denton County, Texas; authorizing the expenditure of funds therefor; and providing an effective date. BACKGROUND: The City of Denton currently purchases water from the Upper Trinity Pogional Water District (UTRWD) through Argyle Water Supply Corporation (WSC) to serve the customers in the Hills of Argyle subdivision. Water service for this subdivision began in March 1998. Five months after the service began, the City received notification from UTRWD regarding UTRWD's limitations in providing wholesale water (See Exhibit 1). The UTRWD notification states that their water plant no longer has surplus capacity and also the line being used by Argyle WSC to deliver water is approaching capacity. UTRWD has given three alternates to possibly provide wholesale water service to the subdivision, Denton water department staff, after evaluating the options, has concluded that it would be advisable to provide service to the subdivision by extension of the City's water distribution system. The design and construction of this section of the water line was originally scheduled in the Capital Improvements Plan for FY 2001 and 2002 respectively. On February 01, 1999 PUB approved a reimbursement resolution for funding the construction of the first phase of this project in n' 1999. Due to recent development nctivity in the southwestern portion of Denton's ETJ and water utility CCN, this project was expanded to extend the pipeline to provide water service to the Hurfines and Robson developmems. This decision was based upon recommendations from staff and was supported by the Denton City Council as a necessary Investment to retain Denton's ability to provide water service to this portion of their CCN. The revised project Includes design of approximately 17,800 linear feel of 20-inch water line on Fort Worth Drive - (U.S. HWY 377). Phase I of this project will commence from approximately 360 feet southwest of the junction of Mosscreck Drive and terminate at Hamilton Drive and will include approximately 8,500 feet of water line, Phase 11 will commence from Hamilton Road and end at a point approximately 1,500 feet north of Crawford Road and will include about 9,300 feet of water line. (See Exhibit 11). This water line is a partof the City of Denton Distribution System Upgrade Master Plan Report w' prepared by Shimck, Jacob & Finklea consultants, Phase I of this line will help provide service to the future developments along Hwy 377 in the southern pail of the City, Including the Hills of Argyle subdivision. Phase 11 of this water line extension will provide service to the Huffines 1 r Development, and as the water line Is extended through the Huffines Development, this extension will feed the Robson Development on the west side of [H-33. Q MIMS: Continue purchase of water from UTRWD by complying with their requirements. RECOMMENUATIONS: Staff recommends approval of the professional service agreement with Kimley Hom and Associates. ESTIMATED SCHEDULE OF PROJEM A detail estimated schedule Is available in Exhibit Ill. PRIOR ACTIO IREVIEW (CoueelLlloi s. Co ndssioelt • Reimbursement resolution api roved by PUB on February 01, 1999. • PUB approval of professional services agreement with Kimley Hom & Associales for Phase 1 and 11 of the 20" water line extension to Hamilton Road on April 19,1999. FISCAL. INFORMATION: The total estimated cost of the project is as follows: Phase $1.01 million Phase 11- S 1.20 million The construction fur both phases of the project is proposM in the FY 2001 Capital Improvements Piogram for Water Utilities. A reimbursement resolution was approved by the PUB on February 01, 1999 which allocated $1.2 million to fund Phase I of the project in FY 1999. Funding of the design portion of both phases of the project will come from the FY99 capital construction contingency reserve fund, Account 620-0461.081.9300 - $250,000. IAA: Exhibit 11 Respectfully submitted: Tim Fisher Assistant Director of Water Utilities Exhibit 1: U7'RWD Notification Letter Exhibit 11: Location Map " j Exhibit 111: Ordinance and Agreement 7 ,q ~ aoa w mown sw. +02 vo a,wx+t~LMw+MJXfsotf awraiK +attoor aoetarett , . . 9721210-1228. FiM(pf2)221Alts spl«rlb.re,leQe Mt. A Jordan M6 CIO d ~ uu' 101 -A Tema f9! Denbo TX 70M PA: k Noun lerviea /e HMIs d ArWM Der.w You m wM awra of the heavy do, w b*q plead on ft Dkr Wo wabr tyMm ft au - w. Thin faller anarrw the oonl On arldondum d" AM 7, IM, Int you and I napolabd for lM olwkl b plavlda kMrtm VAW w v to M whd olobn llw m~ as Hft of AM* baled In Bte My of DwAw At Ir Wm, we a poftd that M Dim kl woW how aurplus op-c ty for a two to three yer PaMod; however, a ptoyWas wao kvdrded to provide wim to Donlon w oon IM D"W no brger had swpka eqm*. At brq as moA "w wu bMq provided, the prfa of ft wabr was deeply deoounted in aowrdwm wMh ft provitbnt of 0 rderiyfnp oono AM edverw washm mdMm and oo *d*d brhk prowl, Mee n' hie, an July 6. 1996 1m; i W i rd a pods dry of 20 n*. Iu rabd p o i P44 d ft DleWs waW NoMimmk pint TM pbrd oonlrwoa b oponM d or near pwk awe*. M fret, to MWW to ui I 1 -kq wpm u1. 2 tm that t w Ins bwq byuaad AMM WW 10 "INN "warr appoicl i obi J a punurk b provWrra d IN oonbaet hie mw o1, MIA~ e04ay fw" of kwnt b hcol "rnra'ktlrkn' my . oeauee wa naflte adualdboonbrnurla sold pow • har.dMdp, I Kgpd we opWo Ami atlvae Mr mobodnp M eervioa an a a opwo ry bab. AlbmaWw klokde: 1. FFul od mm" from J* S. lobe wNh nsgoMW prwWai for adagrds 2. Denbo quid pwddpob In a*-A of the RsvWW Tromed Walw 8Yalem on the erne balls as o1w Members of ft Dkokl 3 re& AA nm* bb dso ee nmWs and to d6cuu poposs faw k sdmkibd for 2:20 PM on ISopwriw e, in ft ~ of Arg* WSC. r You m "to offer cdw allerrw&ol, w two eombWom 0 (ft abow &Unwdm may ' r be POWTod 3 Exhlblt l U .1140. Jig "Mm. Dire" Of wdw ummu IMP Imalm SWAN to No$ of kf* ►qo~ is Plaaaa W ma know how you would as to proaaad wit Wa Nuft. I pNa you our pladOa of aogsar~M an b dwabp a na*rary UW S*fy sn"y WWn a MOW M O parlod of *ftp , Exto"Dk TETho e Sob Cgft% band Raproaardaliw, CNy of 08"Im Www Alarlrr, Aaawfrrt Clh► Manapar, dqi at CarAen Johnny He* UTRWD Dowd FN*Wml i v f i~~ll~~ c i 4 ci Hwy 377 Water Transmission Line • Phase I 9 nt c The Vintage % Hwy 377 Water Transmission, Line • Phase II r i i t t r~`W~ rAr. K c 7 f Hufflnes Development to r: i Exhibit II s t ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON; TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC., FORT WORTH, TEXAS, FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONS TRUCTION OF A TWENTY INCH WATER MAIN ALONG FORT WORTH DRIVE (U.S. HIGlIW \Y 377) FROM BENT CREEK ESTATES TO A PONT APPROXIMATELY 1,500 FEET iORTH OF CRAWFORD ROAD, IN DENTON, DENTON COUNTY, TEXAS; AUTHOW,NO THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it Is in the public interest to engage Kimley. Horn and Associates, Inc., a Corporation ("KH'), to provide professional engineering services to the City respecting the design and construction of a certain twenty inch water main, approximately 17,800 feet in length, along Fort Worth Drive (U.S. Highway 377) from Bent Creek Estates to a point approximately 1,500 feet North of Crawford Road, in Denton, Denton County, Texas; and WHEREAS, the City staff has reported to the City Council that there is a substantial need for the above-described professional engineering services, and that limited City staff cannot adequately perform the services and tasks with its own personnel; and WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professio.tal Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualificadons, and for a faIr and reasonable price; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION t: That the City Manager Is hereby authorized to execute a Profepioaa) Services Agreement with KimleyHorn and Associates, Inc., a Corporation, of Foil Worth, Texas, for professional engineering services pertttWng to the design and construction of a cataln twenty inch water main along Fort Worth Drive (U.S. Highway 377), from Bent Creek Estates to a point approximately 1,500 feet North of Crawford Road, In Denton, Denton County, Texas, In substantially the forrn of the Professional Services Agreement attached hereto and incorporated herewith by reference. SECTION 11: That the award of this Agreement by the City is on the basis of the demotstrated competence, knowledge, and qualifications of KH and the ability of KH to perform 'Ali the services needed by the City for a fair and reasonable price. r, $)M& III: That the expenditure of funds as provided in the attached Professional Services Agreement is hereby authorized. 6 - «~~LT_sS/C.4b1O117J/T at au~..ro,-., _ l T SECTION IV: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of . 1999, , JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY. CITY ATTORNEY By: 9*jD ownUOrdinwai9PU-MVPSA•Hn)itWVda F f h 7 y C cS STATE 01' TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONSTkUCTION ; OF A TWENTY INCH WATER MAIN ALONG FORT WORTH DRIVE (U.S. HIGHWAY 377), FROM BENT CREEK ESTATES TO A POINT APPROXIMATELY i,SWFT NORTH OF CRAWFORD ROAD, IN DENTON, DENTON COUNTY, TEXAS T1liS AGREEMENT is made and entered into as of the day of 1999, by and between the City of Denton, Texas, a Te%as Municipal Corporation, with its principal offices at 215 E. McKinney Street, Denton, Texas 76201 (hereinafter "OWNER') and Kimley-Hom and Associates, Inc. a Corporation, with its offices at 801 Cherry Street, Suite 1100, Fort Worth, Texas 76102 (hereinafter "CONSULTANT'}; the parties actirg herein, by and through their duly-authorized representatives and officers. WIINESSET11, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows: ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance Aith the professional standards customarily obtained for such services In the State of Texas. The professional services set forth herein are in connection with the following ' -cribcd project: Engineering services pertaining to the design and construction of a twenty inch water main approximately 17,800 feet in length along Fort Worth Drive (U.S. Highway 377) from Bent Crock Estates to approximately 1,500 feet north of Crawford Road, in Denton, Denton County, Texas (the "Project"). ARTICLE 11 SCOPE OF SERVICES The CONSULTANT shall perform the following services In a professional manner; A, To perform all those services and tasks as set forth in CONSULTANT'S "Scope of Services", which is a five (5) page document attached hereto and incorporated herewith by reference as Exhibit"A s`' 't+ C. 13. If there is any conflict between +he terms of this Agreement and the two Exhibits attached to this Agreement, the terms and conditions of this Agreement shall govern and shall control over the terms and conditions of the Exhibits. a C' I .II ' I ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNE above-described Scope of Se which are not included in the ces, set forth in Article qA. above, are as follows: rvi R, 1 A. During the course of the Project, as requested by OWNER, CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT will assist OWNER's personnel on an as-needed basis In preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts, B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition k, those services contemplated by this Agreement. Such services, if any, shall be fund shed by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in the Scope of Services referenced hereinabove, D. Preparing applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications. F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. F. Providing additional easement or tight-of-way acquisition services. 0. Providing additional presentation(s) to the Denton Public Utility Dow and/or the City Council. 11. Provide construction staking. L Provide additional printing for bidding document distribution, 1. Provide additional documentation required by the OWNER's legal representative during condemnation proceedings, K, Provide any easement acquisition services beyond the preparation of the easement document, c L. Obtain right of entry for easement survey. M. Additional meetings during construction. N. Provide shop drawing review other than boring submittals. 1 JII I.npl ~Idl>♦ LLO[MIfM„ti.l IryfMY IM p,(' g 11,1 .11~ I c i 0. Attend final walk-through, ARTICLE IV PERIOD OF SERVICE I This Agreement shall become effective upon execution by the OWNER and the CONSULTANT and upon the issuance of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER. Ills Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth in Exhibit "A" hereto, as expeditiously as possible, in accordance with the Schedule shown at page five (5) of said Exhibit "A". ARTICLE V COMPENSATION A. COMPENSATION TERMS' 1. "Subcontract Expense' is defined as expenses incurred by CONSULTANT in the employment of others in outside firms, for services in the nature of professional engineering, surveying, or related services. Any subcontract or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost plus ten (10%) percent. 2. "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any assignment or expense reasonably incurred by the CONSULTANT in the performance of this Agreement for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment; expressly Including, without limitation, telephone charges, telecopy charges, printing and reproduction costs, and other incidental expenses incurred in connection with the Project. Duect Non-Labor Expenses shall be invoiced to OWNER at CONSULTANT's actual cost, with the exception of photocopy charges, which shall be billed at a rate not to exceed ten cents per copy; and teleoopy charges, which shall be billed at a rate not to exceed fifty cents per copy for outgoing telecopies from CONSULTANT. There shall be no charge by CONSULTANT for incoming lelecopies. To the extent that the provisions of Article V. of this Agreement conflict with the provisions of paragraph 4. of Exhibit "B", attached hereto and + described hereafter, the provisions of Article V. of this Agreement shall govern, BI BILLINO AND PAYMENT: i' For and in consideration of the professional services to be performed by the CONSULTANT l + herein, the OWNER agrees to pay CONSULTANT' (based upon the satisfactory completion of the five 'tasks set forth in the Scope of Services as shown in Exhibit "A" hereto; at the hourly rates set forth in Exhibit "D", entitled "Compensation", which is attached hereto and made a part of this Agreement), a total lump-sum fee, including reimbursement for Subcontract Expense and Direct Non-Labor Expense, In the amount of $ 172,900,09. eryl I d ,1 ,.p,ol nIYJI,nn Mrh wAnir•gKb^M 10 - I t Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its Assistant City Manager for Utilities or his designees; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five (5%) percent of the contract amount until satisfactory completion of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as reasonably determined by the Assistant City Manager for Utilities or his designee, or which is not submitted to the OWNER in compliance with th': terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which woL'' require additional payments by the OWNER for any charge, expense or r6rtbursement abuve the maximum not to exceed fee as stated hereinabove, without first having obtained written authorisation from the OWNER. CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services" without obtaining prior written authorization from OWNER, C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III hereinabove, CONSULTANT shall be paid based on the Schedule of Charges at the hourly rates set forth in Exhibit "B", Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V.B. hercinabove. Statements shall not be submitted to OWNER more frequently than monthly. D. PAYMLNT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT'S undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60th) day, and in addition, the CONSULTANT may, after giving ten 1 (10) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid In full for all amounts then due and owing, and not disputed by OWNER for services, expenses and charges. PrcAided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) per month as set forth herein, if the OWNER reasonably determines that the work Is unsatisfactory, in accordance with Article V. of this Agreement ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence In discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subconsultants. rnwrrm n[I11r14 Dl kl(w M'•tl,YY I'r fir,[ l y b,.l N 11 6 ARTICLE VII OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANTS subcontractors or subconsultancs) pursuant to this Agreement are instruments of service and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses the Agreement in another project or for other purposes than specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT Is released from any and all liability relating to their use in that project. ARTICLE Vlll j INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE IX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attomeys and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable a'torncy fees Incurred by the OWNER, 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, attorneys and employees in the execution, operation, or pcrfotmance of this Agreement. Notting in this Agreement shall be coned 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 u this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE X INSURANCE During the performance of the Service under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the Stale of Texas by the State Insurance Commission or any successor agency, that has a rating with A. M. A [lest Rate Carvers of at least an "A•" or above, A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 In the aggregate. / a li"p Yf,ly,„LL UIWttMF a•IIWY „M,C 12 ",1 1 N 11 t I c~ i B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not Iess than 5500,000 for each accident and with property damage limits for not less than $100,000 foreach accident. C. workeis Compensation Insurance in accordance with statutory requirements and Employer's Liab9ity Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. CONSULTANT shall furnish insurance certificates or insurance policies at the OWNEWs request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies to the extent legally possible, and shall contain a provision that such insurarn,e shall not be cancelled or modified without thirty (30) days prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies furnishing at least the same policy limits and coverage to OWNER. ARTICLE XI ARBI TRAT1ON AND ALTERNATE DISPUTE RESOLUTION the parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE M TERMINATION OF AGREEMENT A, Notwithstanding any other provision of this Agreement, either party may terminate this Agreement by providing thirty. (30) days advance written notice to the other party. B, This Agreement may be terminated in whole or In part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be effected unless the other patty is given (1) written notice (delivered by certified mail, return receipt requested) of Intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), and not less than (30) calendar days to cute the failure; and (2) an opportunity for consultaticn with the terminating party prior to termination. C. I f the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V of this Agreement. Should the (AVNER subsequently contract with a new consultant for the continuation of services on the project, CONSULTANT shall cooperate in providing information to the OWNER and the new consultant. If applicable, OWNER shall allow CONSULtAN f reasonable time to transition and to turn over the Project to a new Consultant. CONSULTANT shall turn over all documents prepared or furnished by CONSULTAflf pursuant to this Agreement to the OWNER on or before the r niaa d p ik"K4: M MiWrh..r rNW11" Eck 13 bP ~ ~1 11 C U date of termination but may maintain copies of such dacuments for its files. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultams. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the addresses shown below, by means of U. S, Mail, postage prepaid, certified mail, return receipt requested, unless otherwise specified herein. To CONSULTANT; To OWNER; KtmleyHom and Associates, Inc. City of Denton, Texas Glenn Gary, P.E. Howard Martin, ACM/Utilities 801 Cherry Street, Suite 1100 215 East McKinney Fort Worth, Texas 76102 Denton, Texas 76201 All notices under this Agreement shall be effective upon their actual receipt by the party to I whom such notice is given, or three (3) days after mailing notice, whichever event shall first occur, ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of ten (10) pages and two (2) Exhibits 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 ill prior contemporaneous offers, promises, representations, negotiations, discussions, communications understandings, and agreements which may have been made In connection with the subject matter of this Agreement, ARTICLE XVI SEVERABILITY ~rl If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, 1! 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 the ext!nt reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original r intentions of the parties respecting any such stricken provision. I nlnN PFrII1MU14 Vf MII Mh. i'•AM11, r UK 14 Ilp I ,1 11 , 1 I I I C it ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, local laws, ntles, regulations, and ordinances applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may hereafter be amended. ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, he CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physic,-.1 handicap. ARTICLE XIX PERSONNEL A. 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 officers of, nor have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its direct supervision. All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XX ASSIONABILITY The CONSULTANT shall not assign any Interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignmet,t, novation or otherwise) without the prior 1 written consent of the OWNER. CONSULTANT shall notify OWNER of any change of to name and any significant change in its corporate structure or operations. • ARTICLE XXI MODIFICATION t No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 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 q obligations of the panics hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as r" herein set forth. n~me,i pli/{p 1, D[aP1lm if ggYYYr pti 1S 1.,17., 11 c t ARTICLE XXII MISCELLANEOUS A. The following Exhibits are attached to and made a part of this Agreement: 1. Exhibit "A" ("Scope of Services" consisting of five pages) 2. Exhibit "B" ("Compensation" consisting of two pages) B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hor , to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in :irder to conduct examinations or audits in compliance with this Article. OWNER shall gave CONSULTANT reasonable advance notice of all intended examinations or audits. C. Venue of any suit or cause of action under this Agreement shall lio exclusively in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the parties agree that Glenn Gary shall serve as the Project Manager for CONSULTANT. This Agreement has been entered into with the understanding that Glenn Gary shall serve as the key person on the Project. Nowcver, nothing herein shall limit CONSULTANT from using other qualified and competent members of their firm to perform the services requtred herein under its supervision or control. E. CONSULTANT shall commence, carry on, and complete its work on the Project with all applicable dispatch, and In a sound, economical, efficient manner, and in accordance with the provisions hereof. In accomplishing the Project, CONSULTANT shall take such steps as ere appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANirs disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, public and private property as required for the CONSULTANT to perform professional services under this Agreement. G. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terns or conditions of this Agreement. r'Aft,~ c ~ 1 iF"n ul AINVI ILULF1U4,n 1"M V i 1~ d [ ~N1 ~ H N 16 J c: t IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement In four (4) original counterparts, by ahd through its duly-authorized City Manager, and CONSULTANT has executed this Agreement by and through its duly-authorized undersigned officer, on this the day of 1449, "CITY" CITY OF DENTON, TEXAS By: Michael W. Jez, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY By. - APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY,~TTORNEY By: _ I, "CONSULTANT" KIMLEY•HORN AND ASSOCIATES, ' t INC., a Corporation By: cLldme Charles M. Staples, P.E. Vice-President i C ATTEST. By: _ -01 Mime NM011g4'lkMllMwiC,IM11tl W[ 17 P t u i J 6 EXHIBIT A to Agreement Between the City of Denton, Texas (OWNER) and Kimley-Horn and Associates, Inc, (CONSULTANT) for Professional Services. SCOPE or SERVICES 1. This h an exhibit attached to, made apart of sad Incorporated by reference into the Agreement between OWNER and CONSULTANT providing for professional engineering services. 2. "*IPPRSIGNED shall prepare construction plans, details, specifications, permits, arrf Opinion of Probable Construction Cost for the following; The 20-Inch Waterline to U.S. Highway 377 3. Project untder;tanding, 20-Inch Waterline along U.S. Highway 377 The 20-inch waterline along U,S. Highway is approximately 17,800 feet, Phase 1 is approximately 8,500 feet. The general alignment is along Highway 377 from the north side of the Burlington Northern Santa Fe Railroad to Hamilton Rd. Phase 2 Is approximately 9,300 feet. The general alignment Is along Highway 377 from Hamilton Rd to a point approximately 1,500 feet notch of Crawford Rd. KimleyHorn will provide an alignincnt analysis concerning placement of the water line ei6er on the east or west side of Highway 377. The current preliminary and final design scope of services is based on an eastern alignment. If the alignment snalysis r.,.. < placement of the water line on the west side of the highway the preliminary and fin... ..in scope of scope of services and fee will be revised. 4. 20-inch Waterline along U.S. highway 377 Task I - Alignment Analytds , The Alignment Analysis Task is to provide additional coordination prior to the survey and geotechnical Investigations. This task will focus on providing a recommendation on which skle of the highway to place the water line, and whether to locate it within the Highway right•rif- way or a utility easement. Professional services under this task shall Include; A. Collect data on existing utilities and infrastructure along the proposed water tine mate. Kimleyllorn will coordinate with the following: i , 1. City of Mnton Utilities 2. City of Denton Engineering Department r 3. OTE Page t 18 t 4. Lone Star Gas j 5. TXDOT j 6. Union Pacific Railroad 7, Burlington Northern and Santa Fe Railroad 8. Marcus Cable 9. Corp of Engineers B. Provide recommendation for alignment of proposed 20-inch waterline, including alignment for bores across highways, railroads, and creeks C. Provide Information on permitting requirements for TxDOT, Corp )f Engineers, and Railroads. D. Provide recommendations for locating the water line lit the Highway right-of-way or a utility easement. E. Prepare cost comparison between water line placement within the Highway right-of-way or a utility easement. F. Prepare Opinion of Probable Construction Cost 0. Attend one meeting to present results and deliverables and receive comments H. Services provided by OWNER 1. Provide water, sewer, storm sewer, and electric locations 1. Provide existing information including record drawings, and construction plans 2. Provide comments on Routing and Alignment Report 1. Deliverables 1. 3 - cop In or the Letter Report with findings of the Alignment Analysis 2. 3 - copies of the Opinion of Probable Construction Cost Task 2 - Preliminary Design Once the OWNER has finalized the Alignment, Kimley-Horn will proceed with the Preliminary Design or 60% plans and specifications. The Preliminary Design will Include, A, Survey B. Oeotec hnlc al Investigation C. Preliminary boring calculations D. Preparation of easement legal descriptions and exhibits E. Coordination with utilities and ROW holders 1. GTE 2. Denton Municipal Utilities 3. Denton Engineer 4. TxDOT S. Union Pacific Railroad 6. Burlington Northern and Santa Fe Railroad 7. Lone Star Oas 8. Marcus Cable i F. Preparation of Opinion of Probable Construction Cost O. Preparation of Preliminary Plans (plan view only) ! 11. Preparation of Specification Outline Page 2 19 { c fr J. Attendance at one meeting to discuss OWNER's comments K. Services provided by OWNER 1. Sample Contract Doca.axrrs and Specifications j 2. Review a,nd comments on Preliminary Design i L. Deliverables 1. 3 - copies of the Preliminary Construction Plaits (plan view only) 2. 3 - copies of the Specification Outline Including material selection 3. 3 - copler, of the Opinion of Probable Construction Coat 4. 1• copy of the Oeotechnical Report Task 3 - Final Design Once the Preliminary Design has been approved by the OWNER, Kimley-Horn will proceed with the Final Design or 95% plans and specifications. The Final Design will Include: A. Frepare engineering plans and specifications and construction contract documents in accordame with an approved route and for project bidding and regulatory approval, plans shall consist of 22"x 34" plan and profile sheets at a scale of I"-40' horizontal, and I*- 4' vertical, Specifications shall Include technical specifications for materials and installation of the proposed facilities. We anticipate approximately 25 sheets of plans for the 20-inch waterline. The contract documents shall follow the City of Denton requirements for public works cotL:Oruction B. Submit to the OWNER 95% complete plans, specifications, contract documents, and Opinion of Probable Construction Cost for review a.:r1 comment C. Attend one meeting to present 95% design and deliverables D, Attend one meeting to discuss OWNER's comments , E, Prepare for and attend one public utilities Board Meeting. F. Prepare and submit Railroad Permits applications A. Prepare and submit Highway Permits applications B. Prepare and submit Corp of Engineers Permits application (Assumes c a be filed untder National 404 permit). Additional permitting beyond the national permit will be considered additional services. C. Make submittals to the franchise utility companies J. Submit final plans to appropriate regulatory agencies for review K. Make revisions based on the OWNER's review of the 95 % submittal L. Services provided by OWNER 1. Review and comment on Final Design M, Detiverables I, 3 - copies of the 9S% Construction Plans and Specification 2. 3 - copies of the Opinion of Probable Construction Cost 3. 3 - copies of a lever addressing OWNER's comments 4. 3 - copies of the Final Construction Plats and Specifications r, S. I - Copy of Reproducible Bidding Documents (Plans and Specification) 1 Page 3 20 e c~ t Task 4 - Bidding Professional services under this phase shall Include: A. Issue addenda as appropriate to interpret, clarify or expand the bidding documents 8. Services provided by OWNER 1. Bidding document reproduction and distribution 2. Advertising 3. Tabulations and contract execution Task 3 - Construction Contract Administration Services under this phase involve consulting with and advising the CITY during construction and are limited to those services associated with construction contract administration. Such services shall include: A. Attend the pre-construction conference. B. Review shop drawings submitted by the contractor for general compliance with the Intent of the design. This 4 em acludes boring submittals only, C. Issue necessary interpretations and clarifications of contract documents. D. Prepare documentation required to resolve problems due to actual field conditions encountered. E. Prepare record drawings based on the comments provided by the OWNER and the contractor. Since KimleyHorn will not be providing construction observation services, we will not seal the record drawings. F. Services provided by OWNER 1. Dally project inspec con 2. Review and process monthly pay estimates 3. Prepare change orders 4. Shop drawing review not provided by consultant 0. Hold construction rrreetirtpz. J. Resolve constmedon rula><d issues. I 1. Deliverable 1. 1- Copy of Record Drawings 2. 1- Reproducible act of Record Drawings 3. 1 - Electronic set of Record Drawings 5. Schedule We will perform these services upon receipt of to executed copy of this agreement and a Notice To Proceed, We will endeavor to meet your scheduling needs. We anticipate the following schedule for each task, Page 4 21 G Task 1- Alignment Analysis Kickoff meeting after notice to proceed 20 days Letter report delivered to CITY, days after 30 days the kick-off greeting. Task2• DWgo Delivery of Preliminary Design report, drys after 90 days the approvat of the dignment analysis. Task 3 • Mal Design Delivery of 93% plans, days after 60 days approval of the Preliminary Design Delivery of final plans, days after the 20 days receipt of comments on the 95% plats. Task 4 • Bidding Ongoing with bidding I Task 3 • Construction Contract Administration Ongoing with construction J END OF EXHIBIT B J 111 . r' Page S 22 l faaatatatta~rnar _ c EXHIBIT B to Agreement Between the City of Denton, Texas (OWNER) and Kimley-Horn and Associates, Inc. (CONSULTANT) for Professional Services. COMPENSATION 1. This is an exhibit attached to, made a pert of and incorporated by reference into the Agreement between OWNER and CONSULTANT providing for professional engineering st,vices, 2. CONSULTANT will acwmplish the work outlined In Tasks 1 - S presented in Exhibit "A" of this Agreement for a lump sum fee of S 172,800 for all scope of services and direct expenses associated with the same, The lump sum fee is composed of the following: Tn k I • Alipnment Analysis $ 201800 Task 2 • Preliminary Design $ 83,200 Task 3 • Final Design S 57,400 Task 4 - Bidding S 1,200 task S - Construction Contract Administration $ 8,200 3. CONSULTANT will invoice the OWNER for the value of the partially completed services, according to the services accomplished each month on a proportional basis to the overall project. 4. Due to the difficulty In defining a finite scope of Services for Additional Services, CONSULTANT will provide the services described in Article III, Additional Services on a tabor fee plus expense basis. Labor fees are to be computed on the basis of laboe htxtss charged to the project and the Kimley-Horn Billing Rate Schedule In effect at the time services are tendered. The current Kimley-Horn Billing Rate Schedule L- shown below. Direct reimbursable expenses such u express mall, fees, out-of-town mileage (trips in exceM ' of 100 miles) and other direct expenses will be billed at cost, An amount equal to six perms (6%) of the labor fees will be added to each invoice to cover certain other direct expenses such as In-house duplics'Ing and blueprinting, facsimile, local mileage, telephone, postage, and word processing computer time. Technical use of computers for design, analysis, and graphics, tic. will be billed at $23.00 per hour. All permitting, application, and simile project fees will be paid direct by the OWNER, r ! C . f t Page I 23 0 u " CURRENT HOURLY ELATE SCHEDULE Proj&t Mmager S11S to Sl70 Senior Engineer $1 to to $155 Graduate Engineer $75 to $105 EnglneerA[Anduspe Architect $701o$105 RPLS $70 to 5105 Designer SBSIO 5100 Analyst S70 to $105 CAD Technician S4S to $85 Clerical $15 to SSS Computer S2S to Sl0 Effective through July 1, 1999 LND OR EXHIH[T C t w Page 2 24 oo•e,~.yr flo•eny_ - _ I yi i I - - •Ao _ 'wM` } 1 I 1 } ~4_ }.l } 1 + 1 1 } J,1 ! 1_1_~ -}744-1 a, F41lj .1; 414111.1 17,4 ~ r~ia 1 r N ~ q IM I', t i I AGENDA INFORMA'IlON SHEET Apatlal4o. Agenda P,; n AGENDA DATE: May 11, 1999 DEPARTMENT- Planning Department CMIDCMlACM: Rick Svehla, 349.7715 SUBJECT - Z-99.028 (Lake Cities Bank) Hold a Public hearing and consider the rezoning of 3.79 acres, from a Two-family Dwelling (217) zoning district to a Central Business (CB) zoning district. The property is bounded on the north by Parkway, on the south by Pearl Street, on the east by Rolivar Street and on the west by Carroll Boulevard. The proposal is to develop a bank on the western portion of the site. The Planning and Zoning Commission recommended approval (6.0, Ganzer absent) with conditions. BACKGROUND The applicant has requested to rezone this property to facilitate the construction and operation of a three (3) story, 30,000 square foot bank w;th office space on the webrern portion of the site that Is now vacant, The eastern portion of the site contains the Pearl Street Church of Christ. The existing church use and the proposed uses are allowed uses in the Central Business (CB) zoning district. The parking regulations associated with the Central Business (CB) zoning district will allow the applicant and the church to utilize and share the existing parking on site which will maximize the amount of green space on the site, A Central Business (CB) zoning district for this site is a natural extension of the downtown district as Identified in the Growth Management Plan. Y The subject property is located in a Two-family Dwelling (2F) zoning district created in 1969 with the City of Denton's first zoning ordinance. Y The propo.A development Is consistent with most of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see Attachment 1 -Comprehensive Plan Analysis section). Fifteen (15) property owners were notified of the zoning request. Six (6) responses have been received; all are In favor, none are opposed, (see Attachment I - Property Owners Response). r A neighborhood meet ng was held on April 19, 199 at City flail West, 221 N. Elm. Two (2) representatives of Nonhstar Bank (formerly Lake Cities Bank) and one represertative from the Denton Chamber of Commerce attended the meeting. No objections were noted, (sec Attachment 4). 1• i~ PRIOR ACTIONIREVIEW The following is a chronology of Z-99-028, commonly knr•,yT as Lake Cities Bank: Application Date - March 3,1999 DRC Dale(s) - April 1, 1999 (Pre-design) P&Z Date - April 14, 1999 Neighborhood Meeting April 19,1999 ESTIMATED PROJ .CT SCHEDULE The subject property is not platted and would need to be platted prior to any development. FISCAL. INFORMATION Development of this property will increase the assessed value of the city, county, and school district, It will require no short-term public improvements that are the responsibility of the city, As n form of lofill development, minimal extension of public infrastructure is necessary to so% ice this site, P&Z SUGGESTED RECOMMENDATION The Planning and Toning Commission recommends approval (6-0, (tamer absent) of this zoning request with the following conditions: 1, Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky, 21 As offered and agreed to by the applicant, the site shall comply with the new Landscape Code, which requires fifieen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. v S. Table item, 2. c ATTACHMENTS 1, Planning and Zoning Commission Report, April 14,1999, Z-99-028. 2. Planning and Zoning Commission minutes from April 14,1999 3. DraftOrdinance, 4. Neighborhood Meeting Notice and Sign-in sheet. Respectfully submitt Da ill Director of Planning and Development Prepared by: I I L Relchhart Development Review Manager i r i 3 rp ATTACHMENT 1 lot r PLANNING AND ZONING COMMISSION REPORT STAFF REPORT S,yi jgct: Lake Cities State Sank Case Number: 2.99-028 1118: Larry Reichhart, Development Review Manager Agenda Date: April 14, 1999 Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 3.79 acres, from a Two-family Dwelling (2F) zoning district to a Central Business (CB) zoning district. A three (3) story, 30,000 square foot bank with office space on the western portlon of the site Is proposed. The existing Pearl Street Church of Christ will remain, SITE Liz- 1 LOCATION MAP Location: The property Is bounded on the north by Parkway, on the south by Pearl Street, on the , east by Boulvar Street and on the west by Carroll Boulevard, { Size: 3,79 acres ~tlan,me 4. r 4 s. . Applicant; Lake Cities State Bank Owner: Pearl Street Church of Christ 81 LakeCities State Bank Pearl Street Church of Christ Elders 5100 S. Stemmons 312 Pearl Street Cornish, TX 76205 Denton TX, 76201.8610 The site currently has a Two-family Dwelling (2F) zoning district classification. The eastern portion of the site contains the Pead Street Church of Chrlst and two residential structures exist on the western portion of the site. The applicant Intends to build and operate a three (3) story, 30,000 square foot bank with office space on the western portion of the site, which is not an allowed use in a 2F zoning district. The existing church use and the proposed uses are allowed uses In the Central Business (CB) zoning district. The pat king regulations ussoclated with the Central Business (CO) zoning district will allow the applicant and the church to utilize and share the existing parking on site which will maximize the arnounl of green space on the site, A Central Busln3ss (CB) zoning district for this site Is a natural extension of the downtown district as Identified In the Growth Management Plan. P y S ,f .2- ~bMp SHE SlV 1988 Denton Cavelopment Plan Analysis i The 1988 Denton Development Plan (DDP) shows this area to be within a Major Activity r.enter, i These areas are the largest centers strategically located to encourage IN, concentration of commercial, retail, office, light Industrial and multi-family housing, They are Intended to serve as a hub for economic activity and employment, Vehicular trip generation due to development within major Activity Center is not restricted. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP (see Enclosure 6), 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city, This proposal Is consistent with the policies of ;he 1998 DP as It allows for a variety of uses and extends the downtown district as Identified In the DP. (see Enclosure 7), J:6P9CIAL INF,0R Ai ION U 1, Transportation ° . / A. Trip generation Vehicular trip generation due to development within a Major Activity 3enter is not restricled. 5. c . FB.Apcess y has access to Parkway and Pearl Street. Access from Carroll Blvd. Is not allowed iance Is approved by the Traffic Safety Commission. C. Road Capacity Although vehicular trip generation due to development within major A Wity Center 13 un-restricted, the existing adjacent road network has adequate capacity to handle the trips generatc+d from the proposed development. Pearl Street (an extension of McKinney) and Parkway are four (4) lane undivided streets without parking designed to carry up to 14,900 trips per day. Boulvar Street is currently constructed with two (2) lanes without parking with a designed traffic capacity allowing for a tolerable traffic flow of up to 9,560 trips per day. Carroll Blvd. Is a six (6) lane divided street without parking allowing for tolerable traffic flow of up to 27,900 Mps per day. 5997 traffic counts on Carroll Blvd. (at Pearl St.), were 29,963 trips. D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 3): Water: a) Existing 8 Inch water nuln on West Parkway. b) Existing 2 Inch, water main on Carroll Blvd. b) A new 8 Inch water main will be required on Carroll Blvd. Wastewater: a) Existing 8 Inch gravity sanitary sewer flowing north on Carroll Blvd. b) Existing 6 Inch gravity sanitary sewer on Parkway will be extended to service the site. Fire: Maximum allowed spacing for fire hydrants Is 300 feet. 3. Dralnege and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run- k off will be carried across the property or stored on the property. 4. Signs As per tho sign ordinance. 5. Off-Street Parking r The Central Business (CB) district Is excluded from parking requirements according to the regulations of Chapter 35 (35-301(d)) of the Code of Ordinances, The applicant will provide parking on the site and has reached a shared parking agreement with the Pearl Street Church of Christ. 6. I I I I I i 6. Landscaping The property falls within an overlay area Identified in the new Landscape Ordinance as being exempt from the requirements of the Landscape Code. The applicant has offered to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 7. Lighting Lighting on the property should be designed ai + maintained so as not to shine on or otherwise disturb, surrounding residential property or to shina and project upward to prevent the diffusion Into the night sky. 8. Environmental Quality Impacts No negative environmental impacts have been identified. January 14, 1969 - The subject property was placed in the Two-family Dwelling zoning class (2F) zoning district and land use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton (see Enclosure 2), The subject property is not platted and would need to be platted prior to any development. Fe P -BL(o No { Notice of the zoning request was published In the Denton Record-Chronicle on April 4, 1999. Fifteen (15) property owners were notified of the request by certified mail on April 2, 1999. One hundred seventeen (117) courtesy notices were mailed on April 2, 1999. Informalional signs were placed on the subject property on April 2, 1999. As of this writing, there have been four favorable responses. A neighborhood meeting has been scheduled to be held prior to the City Council hearing. STAFF'S 'ANAL 5(3;~ts 3l ..NOM da As a mixed use in-fill development this proposal is consistent with both the 1988 Denton Development Plan (DDP) and the 1998 Denton Plan (DP). r a~ 7 I I Staff recommends approval of Z-99-028 with the following conditions: 1. Lighting on the property shall be designed and maintalned so as not to shine on or otherwise disturb, surrounding residential oruperty or W shine and project upward to prevent the diffusion Into the night sky. 2. As offered and agreed to by the applicant, the site shall comply with the new Landscape Code. which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantabie area). I move to recommend approval of Z-99-028 with the conditions as outlined by staff. 1. Recommend approval as submitted. 2. Recommend approval with oondiWns. 3. Recommend denial. 4. Postpone consideration. 5. Table item. 1. Vicinity Map. 2. Zoning Map. 3. Utility Map. 4. 200' Property Owner Notification Map. 5. Denton Mobility Plan 8. 1988 Denton Development Plan policies Matrix. 7. 1998 Denton Plan Policies Matrix 8. Property Owner Responses i t 1 2 f denan)e 8. ENCLOSURE 1 Z-99-028 (LAKE CITIES BANK) NORTH a wrrrr.~ * ! j'%~.*i ! Laisrsmoi u ~6 ~~il~'asH• SIT ~r■ f~;~~ ,gyp U r, ' p ~ f/ ~N,~ ~ W II N W A M AL." VICINITY MAP ' i i Agenda Dale: Apn114,1999 Scale: None 9. t, i ENCLOSURE 2 Z-99-028 (LAKE CITIES BANK) NORTH i Jj 31 K 6`I'R1i~~~:1 16 _I 1 I f 1F ~~rr r r Ar~1w~1■ 1 2flet~ lot m ~ ; ; SIT ~ ~ c • I MF, I I I ~IS~~aN 1 I 1 .A es ~~0.f ■■rrJ~ 1.... C M Ii I u ~ aCb mmr r l a w j ce C c■ t7JI [w MIN f ZONING MAP i rl~ ~ Agenda Dale: April 14,1999 Scale: None F 1o. I ` C, u ENCLOSURE 3 NORTH Z-99-028 (LAKE CITIES BANK) i I PARKWAY 8T ~I L 8' 4V. a S. lit l ■ 4 SITE PEARL 87 g. a x i . ..n........ FMi I r EXISTING UTILITIES MAP j • Hydrants • Water Line (W. L.) • • - Sewer Line (S. L.) Electric Line (E. L.) ! Agenda Date: April 14, 1999 Scale: None 11. t, u ENCLOSURE 4 k 7-99-028 Lake Cities State Bank W*rH ■ 200 FOOT Y BUFFER E 1 500 FOOT SUFFER ` ;,will SITE LOCATION MAP A Agenda Date: APRIL 14, `1999 Scale: None 12. J ENCLOSURE 5 b NORTH Z-99-028 (LAKE CITIES BANK) , SITE t-- - lJiUi~ , , Down Town i eouu,e ~1 ~ ;rte; n r~~ DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials Secondary Major Arterials ' Collectors x, Agenda Date: April 14, 1999 Scale: None 13. e u Enclosure 6 The table below provides a summary of the 1968 Denton Development Plan policies applicable to this project: Denton Development Man Policy Analysis Summary Major Activity Canter Development Rating vs. Polley SW&AtAt POLICY COMMENTS lx aswot cmosknl Int@nL nwse areas are the largest antes strawgkany located to encaxage fe mrantration of mrnmerdai, reK office, IlgN IrdeA tal and muftl-raff* houslrq. x Intensity6tvWxJ. TherelsraImRto the number or 'ulps to be generated by devetaprnents in Mar & Actly y cerge It Pubtic Fadlltta. Adequate pudic InhistnrdvY, such as roads and tditley uhould be evallade to uhppoht these centem x land Use Olvarolty. Land use dversity, The cite A Indude a bark, office space inducing ho-clerulty housing, OWd he and a church -00A be asouraw. x Neighborhood ProteMom Low-dervaty Aeons wig be Wa Carroll OW., MdWeV residential areas on the"of the" (Peal Street) and ft*o y AdMty Centers sfiould be protected. Traffk to and from the centers should avdd use of local residential streets x I 3 it r New*. A. C ' l Enclosure 7 t The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy rte}. CATAGORY POLICY Inconsistent ,;,Applloble Consistent Transportation. Compliments Dento+'s Long Range Ttwroughrare Pan, t X Promotes koess Management Practices X cptlmlm operations for emerg6'Ky sevlce "riders and other public service prevlders. Prorates public transportatlon system. t X ContrRwtes to the Denton Trails network Stormwoter Drainage. i-otects 100 -year ftoddatn areas In accordance with Denton's watershed management plans. X Conforms to local subdivision regdabons r X CortrihAes to re&r* detention facilities. 5, X'.~;: Provides For natural rlparlan errvlronment along floodplaln. ; X Upgrades existing substandard drainage systems as Inlill and redevelopment occur. _k Water and Develops and maintains property and private Wastewater. infrastructure. X Creates opportunity for overoeng water and wastewater lines to meet future development demands. r Provides review of proposed water and wastewater a' Infrastructure to ensure pubic safety and health. X Promotes Inhll knprovements over new tine exteiuloM X Electric, Provides underground electric service for new residential T and nornesldential development. { X Solid Waste. Promotes efBdent access to all development fa swM waste service detrvery. . ,.1.... X Parks and Recrea tl on. Locates parks and raeation Witles in accordance with i ' Lie Parks and Recreation Strategic Plan. Enhance; parts and recreation. opportunLes for residents. Preserves Roodptain for parks and open space to aid in Aoedploin conservation efforts. X Avows combining or parks with other pudic facilities to 4 achieve cost-effectiye delivery of public servlm Residential development should dedicate land or fees in Ileu of land for neighborfiood parks. tX,k f i r Environmental Quality. Promotes preservation of natural resources. k711111 kr Integrates environmental protection with economic growth and community development lry.^ X hl-~a~w r a u 1998 Denton Plan Policies Analysis (continued) tr Denton Plan Policy Analysis Summary Development Rating vs. Wicy CATAGORY POLICY t,wnsstra Noe Apprabk Corussfent NalghborhOWL RrnSdes ceases to publk and wnvrMnity fadlt A fa residential neVto&*od& x Fnoourapes a n>Ixnm d land uses that beneN resldmh x tko" end premves Wsbr g netphbaAwods, x Rarwtes bltrde and mdestrlan balk WM and between nelphtwrhoods to reduce 44miar btps. Noualnp. ewnwrk ahd vaW e-s es p Offers a variety of sIngk-tan* lot 11m busdng Om { and pike mvm Preserves er OV houskp, lnduding a4adable hm*V. Iraeam MI houslrp mtrucum t conomic Carbibutm to a strong and dlverOW bW ewnortry by t kwwffcwom haeaskp enpkyrtent and expandng N tax base. x Government. &=Urages fntergovemmental worftom to provide Cog-ew" puhlk servkft Urban OWgn. Addremes conrnrnity apmarana h a wmp#wOm h*VW. ONwwr s arfiltect" appearance of tMrllt wMmnmem Nelghbartaod WN dcvefopmwtshould be wmpatiUe wm edsbrq taw uses and wwraL Protecb and preserves De tons arddteckral, wlhxal aAux Mstorla! resoaas. Enhances the appearance atong major entrarKaways Promotes the preservation d trees and landgciOr4 Publlc Involvement Provides an opportunity fa publk cOnlon durkp the plamorg process I F~fenarne 16. c c; MEMO ENCLOSURE B NOTICE OF F UBLol HEARING Z-99-028 i The Planning and Zoning Commission of the City of Denton wM hold a pubFc hearing on Wednesday, April 14, 1999, to consider recommending approval to City Council the rezoning of 3.79 acres, from Two-family Dwelling (217) zoning district to a Central Business (CB) zoning district. The property is bounded on the north by Parkway, on the south by Pearl Street, on the east by Bouivar Street and on I the west by Carroll Boulvard. The proposal Is to develop a bank on the western portion of the site. , The meeting will be held at 5:30 PM in the City Council Chambers located in City Han at 215 E. McKinney Street, Denton, Texas. The public hearing will start at 5:30 p.m in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet or the subject property, the Planning and Zoning Commission wouid like to hear how you feel about M is zoning change request and invites you to attend the public hearkrg. Please, in order for your opiniun to be taken into account, return this form with your comments prior to the date of the public hearing. (This In no way prohibits you from effending and peructpating in the public hearing.) You may fax it to the number located at the bottom, mall it to the address below, or di op It off in-person: Planning and Development Department 221 N. Ehn ST Denton, Texas 76201 Attn: Wayne Reed, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment. Prix to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission is informed of the percent of responses In support and In opposition. Second, the zont:V petition Is forwarded to the City Council for final action providing the Commission reeornnunds apprm'. Should the Commlsslon recorrmend 1 denial, the petitioner may their appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the C ty Council are required to approve the zoning change. These forms are aced to calculate the percentage of fandowner oppostt'on. Please circle one: favor of re u s Neutral to request Opposed to request Comments: ~lvKc_- [(~OMC Signature: w O Printed Name: END/E 2,AFA14 APO g '<<J99 Mailing Address: -100 ~Z i4e5,007-'S LW City, State Zip: OeMM! 7-I°XW5 76245- PLANNING & DEVEIAPIMPIT r Telephone Number. '$gl -77 Physical Address of Property within 200 feet: Sb0 - 5Z1p CITY nF Dt:NTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201 ~ 940.349,8150 ~ (F) 940,349.7701 Rlonam~ IL 17. I ~ II r ii~/~ fa•i NOTICE: OF PUBLIC WEARING Z-99-028 l The Planning and Zoning Commission of the City of Denton will hold a public hearing an Wednesday, April 14, 1999, to consider recommending approval to City Council the rezoning of 3.79 acres, from a Two-family Dwetting (2F) zoning district to a Central Business (CB) zoning d:atrict. The property is bounded on the north by Parkway, on the south by Pearl Street, on the east by Boulvar Street and on the west by Carroll Boutvard. The proposal Is to develop a bank on the western portion of the site. . The meeting will be held at 5:30 PM in the City Council Chambers locales in City hall at 215 E. McKinney Street, Denton, Texas. The public hearing will start at 6:30 p.m. In the City Council Chambers of City Nall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would tike to hear how you tee/ about this zoning change request and 1nAes you to attend the public hearing. Plesso. In order for your opinion to be taken Into account, return this form with your comments prior to the data of the public hearing. (This In no way prohibits you from offending and participating in the pubffo heaft.) You may fax it to the number located at the bottom, mail it to the address below, or drop it off In-person: Planning and Development Department 221 N, Elm ST Denton, Texas 70201 Attn: Wayne Read, Planner I - The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and oomment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first publc hearing Is held before the Planning and Zoning Commission. The Commission la Informed of the percent of responses in support and In opposition, Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend donial, the, petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposltlon, then six out of sever )tes of the City Council are required to approve the zoning change. Those forms are used to call. isle the percentage of landowner opposition. Pleats circle one: In favor Com of request Neutral to request Opposed to request mon s. Signature: Q Printed Name: vat, x v n APR 91999 Melling Address: 1')0L N . M t0. trt nl ~ Ufi~_~ City, State zip: _ C) ~4 OJb -IN riG ~p y Pl t!+t A'G D:YEI O°i'!l fl? i Telephone Number: qgo 3 $%s- li►$ . _ Physical Address of Property wltNn200feet F • t i~(LotL~ f~1.B~ 1IF _ S U_ t'~a,r LF 1 CITY 0J:DEi r0N, TEX4C GTY HALL WEST - DEWON, TEXAS 778201 0{0.349.8350 - (n 940,349.7707 f!l~n6m0 la, I I i 101-45 W ITOf 11.1 i LEER E17 3u 00-10 P.01 Ol I NOTICE OF PUBLIC HEARING Z-93-028 The Planning and Zoning Commission of the City of Denton ell hold a public hearing on Wednesday, April 14, 1999, to consider recommending approval to City Council the rezoning of 3. TO acres, from a Two-family Dwelling (21") zoning district to a Central Business (C8) zoning distrid. The property is bounded on the north by Parkway, on the south by Pearl Street, on the eat by Boulvar Street and on the west by Carroll Boulvard. The proposal Is to develop a bank on the western portion of the site. . The meeting will be held at 5:30 PM In the City Council Chambers located in City Nall et 215 E. McKinney Street, Denton, Texas. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hap located at 215 E. McKinney Street, Denton, Texas. Because you ,+wn properly w!lhin two hundred (200) feet of 0o subject property, the Planning a id Zoning Commission wove Oka to haar how you feel about M19 zoning change request and invkes you to offend the public hearing. Plesse. In order for your oplnlon to be taken Into account, return this form with your comments prior to the data of the public hearing. (This In no way prohr'bifs you from attending and perif*efing tR the publik hearing.) You may fax it to the number located at the bottom, mall it to the address below, or drop it of In-person: Planning and Development Dopsrnmnt x'21 N. Elm ST Uonton, Texss 76201 Attn: Wayne Reed, Planner I The zoning process Includes two public hearings designed 1) provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is field before the Planning and Zoning Commission. The Commisslon Is informed of tho percent of responses In support and in opposition. Second, the toning petition Is fonvsrdad to the City council for final action providing the Commission recommends approval. Should the Canwnlsoion recommend denial, the petl:Ioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit wettan opposition, then six out of seven votes of the City Council are required to approve the zoning change. Theo terms are &sod to ealculsto the percentage of landownu opposidon. Please drele one: In favor of request Neutral to request opposed to request j Signature: Printed Name: 6,407 Lim-ca, a , `at'Devr Mailing Address:-mac City, State Zip: '7A -ii *71*20 - 171 ey 6 10 Telephone Number. - 4140dul-tiL93 _ '40 it Physical Address of Property wfhin 200 feet: 'J(q P•VXW6a 1 1 ClTYOFDENTON, TEXAS C17YKALLWEST • DEWON,TEW 76201 U0s46MW • (F) 010.310.7707 I rR~nem~ TOTAL P.01 19, Jlj i Apr-06-99 11336A McNatt Propairtles LC 9470,382 1646 p,01 i NOTICE OF PUBLIC HEARING Z-99-02a The Planning and Zoning Commission of the City of Denton will hold a public r,earin5 on Wednesday, April 14, 1999, to consider recommending approval to city Council the rezoning of 3.79 acres, from a ' Two•famlly Dwelling (2F) zoning district to a Central Business (C8) zoning district. The property is bounded on the north by Parkway, on the south by Pearl street. on the ea,l by (loulyst Street and on the west by Carroll Boutvard. The proposal Is to develop a bank on the weetem portion of the site. . The meeting w111 5a held at 5:30 PM In the City Council Chambers located In City Mall at 215 E. McKinney Streoi, Denton, Texas. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property withrn two hundred (200 feet of the su4Wt property, the, planning end Zoning Conrmisslon would hide to hear how zoning chorrge request and lnvifes you to attend the public hearing. Please, In order for leaf about this betaken Into account, return thls form with your convnents prior loth* date of the public h aring,n this Al no way prohiblts you from attending and parbclpering In the pubfk hearty.) You may tax it to the number located at the bottoms, mail II to the address below, or drop it oil In-person: Planning and Development Department 221 N. Elm 5T Donlon, Taxes 76201 Ann, Wayne Reed, Planner I The zoning proooss Includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this not)oe. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses In support and in opposll'on. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commlsslon rocommend denial, the petitioner may than appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Ceundt are required to approve the zoning change, these forms are used to calculato the percentage of landowner opposidon, i Please tire Is one: In favor of request Neutral to request Opposed to request Cc Signature: Prfnted Name; e. + ~N s r;--. ,rte ,s+ C,^1,471 i.+are.~ y,.,, Nr m r-~,) Mailing Address Goa - G ni. llGrc , City, State Zip; . `fJe 7 G Z o J r Telephone Number: A `f fl' ~B t- o L o r I, , i Physical Address of Properly within 200 foot; _~4S /V - CITY OFDENrON, JrEX11S crrrwut.west • DENTON.Te"S 16"1 • 040.340.9350 • (f) 410.341.7707 20, t . CHURCH OF CHRIST 312 Pearl Street a a p p Denton, Texas 76201.8610 40/387-3531 p p 9 LNUP E-mail: 01 earl_street@earlstreet.or P P 8 Website: http:i/www.pearlstreet.org i I SHOPS: ANhf CNmoMA, Hwry Labgs : DEACONS: YAW Wart Jim PYML aM,~ Mme: PREACHER; Dory W. B MMM MEN OVSRaSEN By PEARL STAEIr. 46MIS 13, (lEtawEx,VAf,DA McChh End Goo Mink SY6V, mw ViA hMonNp,,Namagoctrg1:JAMAICAN IVANOELISTO PULLY SUPPMTED BY PEARL EIRE ET: ThEddmn Dw4OA, W Pewad, KwdEr WWw: PRIACHEJO SCHOOL STUDENTS SVPPDATED: KmAN Cc" d M ftit Mwnplda ;02 /diod d Pnach4p: W"d Sdwd of Sba Stdot ANNUALOENroN LtCTURIE: ewoAw eo=W 4E weA d Nmmbw alna WE. March 29, 1999 Denton Planning and Zoning Commission Municipal Building 215 E. McKinney Denton, TX 78201 To Whom It May Concern: Subject: Rezoning and Replotting of Pearl Street Church of Christ Property, This letter Is concerned with the proposed rezoning a!-Pd replaWng of the property c' the Pearl Street Church of Christ, Denton, Texas. The property Is bounded by the following streets--Carroll, Parkway, Bolivar, and Pearl Street. The rezoning and replotting is necessitated by the pending sale of part of this property to the Lake Cities State Bank. It Is our understanding that the proposed rezoning and replotting has already been discussed In some detail with some members of the j City planning staff. This letter Is to inform you that we at the Pearl Street Church of Christ are In favor of the proposal to rezone the property to the "Cen1'rai Business DisWer zoning and to rapist the property Into two piste-one for the property being retained by the Pearl Street Church of Christ and one for the property being sold to the Lake Cities State Bank. Thank you for your consideration and assistance in this matter, Sinccceer~ely, ~ ~frfCiembrtia,er. Hst . Led or, Elder r ~1r\ waR 30 W9 "Where the Bible is preached And Christ is exslred in a loving atmosphere" 21. I NOTICE OF PUBLIC HEARING Z-99-028 j The Planning and Zoning Commission of the City of Denton will hold a public hearing or Monesday, April 14, 1999, to consider recommending approval to City Council the rezoning of 3.79 ,acres, from a Two-family Dwelling (2F) zoning district to a Central Business (CB) zoning district. The properbr Is bounded on the north by Parkway, on the south by Pead Street, on the east by Boutvar Street and on the west by Carroll Boulvard. The ixoposal is to develop a bank on the western portion of the site. . The meeting W11 be held at 6:30 f'M in the City Council Chambers located In City Hall at 215 E. McKinney Street, Denton, Texas. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Boor tse you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feet about this zoning change request and invites you to attend the public hearing. Please, In order for your opinion to be taken Into aooount, return this form with your comments prior to the date of the public hearing. !s. In no way prohlbNs you from attending and partkipating In the pubk ftQaring. ; y It he number located at the bottom, m: I it to the address below, or drop It off lprpt?is:?y _!I P`► Planning and Development Department l' 1 Y 221 N. Elm ST APR 12 ',919 Denton,Texas 76201 _ Attn: Wayne Read, Planner I 'PLANNING OL"viEtA°a<."~EtIT The zoning process Includes two public hearings designed to p e opporlunities for citizen Involvement and comment, Prior to the public hearings, landowners within two hundred (200) feet of the subject property are no0fied of the zoning request by way of this notice., The first public hearing is held before the Planning and Zoning Commission. The Commission Is informed of the percent of responses in support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends epprovaL Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Counctl are required to approve the zoning change, Those forma are used to calculate fhs percentage of landowner opposltlon. j Please circle one: In favor of request Neutral to request Opposed to request Com r s' ' CoRif cr 7'S Signature: CJs l ~rGc sf Printed Name: / ~G ti" I_ r Mailing Address: 0 C4t-A A~~,~Krudf) frfrl r City, Slate Zip: 2z a~ ,2153- 3.? ~3 ~ 40/ IM r x r Telephone Number. 70 YRJ . / ,s' 7N /¢00 ~~1 01., ~oPkr Physical Address of Property within 200 feet: D?20 1,949WW4 y CITY OF DENTON, TEXAS CITY ML WEST - DENTON, TEW 70201 a 040.340.8350 • M 114340.7707 fNonem~ 22. , ATTACRMENT 2 Planning and Zoning Commission Minutes April 14, 1999 Page 4 of 5 9. Hold a public hearing and consider making a recommendation to the City Council concerning the addition of two land uses, specifically a veterinarian clinic (with no outside runs or pens) and a nursing home or resldenca home for the aged, to a conditioned Office (0(c)) zoning district and to after the existing sig i restrictions. The property Is located on the east side of Teasley Lane, opposite Bent Oaks 1lrive• The proposal is to develop an office park (Z•99-022, Dove Creek Office Park, Wayne F eed) Motion by Bob Powell and seconded by Susan Apple to recommend approval to City Council 'Discussion of this item Is Included In a Court Reporter's transcript attached to this set of minutes (Page 47). Motion carries t}D Q. Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 3.79 acres, from a Two-famlly Dwelling (2F) zoning district to a Central Business (CB) zoning uistrict. The property is bounded on the north by Parkway, on the South by Peart Street, on the east by Boulver Street and on ft west by Carroll Boulevard. The proposal is to develop a three (3) story, 30,004 square foot bank with general offices on the western 1.4 acres of the site. (Z-99-028, Lakes Cries Bank, Larry Reichhort) Motion by Susan Apple and seconded by Salty Rishel to recommend approval. 'Discussion )f this item Is Included In a Court Reporter's transcript attached to this set of minutes (Page 88). Motion carries 6-0. 11, Hold a public hearing and consider making a recommendation to the City Council to amend , condition two (2) of ordinance No. 95.118. The 2,0 acre property Is legally described as Tract 11 of the Daniel Lombard Survey (Abstract No. 784) in the City of Denton, Denton County, Texas. It Is located on the south side of interstate 35 adjacent to Carpel Max. The proposal Is to allow for an additional ten thousand (10,000) square feet of Moor area. (Z-99-019, Achlevers Gymnastics Center, Larry Reichhart) Motion by Salty Rishel and seconded by Elizabeth Gourdie to recommend approval to City Counc;!, 'Discussion of this item is Included in a Court Reporter's transcript attached to this set of minutes (Page 97)• Motion carries 8-0. 12, Hold a public hearing and consider making a recom man dation to the City Council regarding the involuntary annexation and service plan for 3,102 acres of land located In the southwestern section of the City of Denton extraterritorialjurlsdiotiom Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval to City Council. , 'Discussion of this Rem Is Included In a Court Reporter's transcript attached to INS set of minutes r (Page 110). Motion carries 4-2 Susan Apple and Bob Powell Voling soalat , O RECTOR'S REPORT 13. Council Action. 'Discussion of this hem Is Included in a Court Reporter's transcrpt attached to this set of minutes 23. S ' Condeaeelt Page 85 Page 87 1 Ms. Gomm: okay. Maybe that will help. I off. At least they're not obtrusive to me In my 2 MR. POWELL- I can remember the signs that 2 subjective point of view. 3 he has on Carroll and they don't look too big there and 3 MS.OOURDIE: I'm trying to think isn't it 4 1 don't think 0,cy would look too big here. That's all 4 on the building, is the names of the companies and then 3 I'm saying. fie went to great lengths to say that he had s on the monument arcs, the ground sign is a number; is 6 built than on Carroll 60 square foot by six foot high 6 that correct? 7 and I think they're nlce-looking signs. I don't think 7 MR. ENGELSRECHT: ON well, you can do it 8 they stand out, I don't think they're obtrusive In any 1 any way you want 9 way so I felt if they were good enough for Carroll, 9 MS. GOUKDIE: I'm just saying the ones that io they're good enough for Teasley, to they're referencing. I 1 MS. GOURDiE: Do you recall bow many signs it MS. APPLE: I don't believe so. 12 are on that property? 12 MR. POWELL! I don't remember, But I know t 13 MR. POW'ELL: No, but they're not any further 13 the signage out there L ;4 you who was in what I 14 apart than these signs arc. Titre's not as many 14 building. I don't remember how they do it and it also u buildings, but they're not any further apart is gives you a number. And then if you drive in and park 16 Ms. Gomm when 1 drive by there 16 on the Inside there's sl~o signs in there to tell you. 11 MR. POW'EI L: Seemingly, there's four of them 11 MS. GOURDIE: That makes sense. That's 16 but I may be wrong but they're about the same distance I1 perfectly logical. 19 as we're going to be looking at here. So Instead of 19 MILENGELBRECHT; Any other discussion? 20 maybe six, you're looking at four of them and from a 20 Anyone else? in that case, we are voting on, one, the 21 subjective point of view, from my subjective point of 21 monument signs, six or them, six foci high, 60 square 22 view, they're not obtrusive. 22 foot; wall signs on the interior walls would be allowed; 23 Ms, GOURDIE: At 35 mlla per hour on a 23 and the two additional uses requested that were in the 24 throe-line road, big diftercnce in my mind. 24 staff report Okay. All In favor of the motion 23 MR. POWELL: I've been known to go above 3S is MR. RISHEL: I don't think that's the Page 86 Page 88 I on Carroll though and they're 1 motion. You opc ificatly said six and I'm thinking 2 MR. ENGLLBR CAT: This is a discussion 2 about those back buildings which would also have 3 phase. We seem to be having quite a bit of that is ) monummt things to them to. You're "I its about the 4 there anyone else that wish to weigh In? 4 six that would be along Teasley, five for the buildings S MR. POWELL: We have a motion and a second. 3 MR. ENOLLBRECHTr I Was saying six rat 6 MR. t,NGELMUCHT: I know. Exactly. That's 6 high. I wasn't saying the number. 7 what I'm saying, Mr. Moreno. 7 MR NsitEU Tm sorry. Thank you. i 1 MR. MoRI:NO: I'm somewhat concerned about 11 99. APPLE. And we're voting Bob's motion. 9 ti. number of signs on a relatively small piece of 9 We'rc not going to pay any attention to his reiteration. 1 10 property but I recognize the business owners' right to 10 MR. ENOPLBRPCHT: this was Iu a summary I i advelise, so I'll vote for the motion. 1 I I Was hying to summarize. I don't think I'll do that. 12 MR. ENGELBRECHT: Any other discussion? 12 Motion as presented by Mr, Powell. All in favor of the 13 Anyone else want to weigh in? Mr. Powell, again. 13 motim please raise your right hand. Motion carries A M.t. POWELL: Yes. Ms. Apple described tome 14 unanimously. And I hope IM petitioner has some Idea or IS signs on north 1.33 and you told us the name of the 1s what passed hero. 16 subdivision. Tell us again. 16 MR POWELL would the pctitiona'raognire 17 MS. APPLE: It used to be Westgate 17 how much trouble we've gone through for y 16 Professional Offices and I don't know 11 MR. ENGEt9RECHT, Item 10 this CYMIng is r 19 MR. POWELU But it's across the Interstate 19 to hold a public hearing and consider retaking a 4 , 20 from what used to be 1i'0gaw hospital? 20 raommmdation to the City Council concerning the 21 MS. APPLE: Exactly. 21 rezoning of 3.79 acres from a TwD-Family district to a 22 MR. POW'ELL: And those signs are closer than 22 Ccntn) Business district, The property Is bounded on n we're talking about and they're not obtrusive either. 2) the north by Parkway, on the south by pearl Stmt, on 24 MS. APPLE: No. 24 the to by Bolivar Street, and on the wed by Carroll 23 MR. POW EV ! And people know then to turn 2S Boulevard. The proposal is to develop a thme-dory, PLANNING AND ZONING APRIL 14,1999 24. Page 85 • Page f i I t^,oasfooaeltt" Page 89 Page 91 1 30,000 square foot bank with general offices on de 1 direct parking calculations for this site, They would 2 western 1.4 acres of the site. And Mr. Reichhart is 2 be able to utilize the existing parking that Is with the ` 3 going to provide us with the staff report. Sir. ) church. The Central Business classification is 4 MR. REICHHART; Thank you, Mr. Chairman. As 4 consistent with both the 1988 Denton Development Plan 5 mentioned, the site Is located basically downtown. I 3 and the 1998 Denton Plan, trip generation. This area 6 think the vicinity map will identify the site a little 6 has been designed as a major activity center. And, 7 bit better. We have Pearl Street on the south, Parkway i therefore, trip generation is not restricted, so it did 8 along the nortli, Bolivar to the east, and Carroll d rot conk Into play in our analysis. 9 Boulevard on the west. 9 The road capacity In the arcs is more than 10 The applicant 1s proposing to build a bank to suffickmt to handle any Additional developmmt on this I I on the western portion of the site. They came, met with 11 site. Utilities In the area are adequate to handk this 12 staff, and asked for our direction as to what they 12 development and there would be some improvement of the 13 should zone the property. They were thinking office. I) waterline along Carroll Boulevard, wblch would be a 14 And one of the major assctt of this site right now is 14 bcnefit to the area. Landscaping, the applicant elong 15 that the church is currently on the eastern portion of 15 with the Central Business area, landscaping was not a 16 the site and there's a Image amount of parking already 16 mqulrerrnt of this site but the applicant had offered 17 existing on the site, if the site were developed or 17 to meet ali the requirements of the Landscape Ordinance; Is rezoned to office, that parcel would be required to is 20 perc+ettt open space, 15 trees per sere. And that will 19 develop as much parking on their site as they could. 19 be a condition of the approval if granted tonight, 20 Basically take care of their own parking on their own 20 PubUc notification was sent out. To-date 1 21 site. The applicant had already worked out an 21 do have tme additional, We've gotten four notifications 22 arrangement with the church to utilize the existing 22 in fAYer, We do have an additional notification, also 23 parking, provide shared parking agreement between loth 21 in favor. And we do have a letter frown the church also 24 parties. So staff directed the applicant to try to 24 in favor of the remising. The staff recommends that we 25 pursue a Central Business zoning for the site. 23 approve this Central Business classification for this Page 90 Page 92 I As I&mtified in the recent Landscape I site with two conditions; the standard lighting 2 Ordinance, the area In the black is the Central Business 2 condition which states that lighting on the property 3 district as identified rcrently. The orange parcel ) shall be designed and maintained to as not to shine on 4 identified right there is the subject parcel, The 4 or otherwise disturb surrounding residential propcrtin 5 adjacent zonings along the site, the light yellow area s or to shine and project upward to prevent diffusion into 6 identified in the lower portion of the site on the map 6 the night sky. 7 is the existing Central Business district tunings In the 7 And d e second recommendation for is s vicinity. So drat kd staff to the conclusion that b condition wot Id be ss offered and agreed to by the 9 Central Bustm-4s would probably be the beat choice for 9 applicant, the the ahali comply with the new Landscape 10 this site enabling the applicant to utilim the existing to Code which requires 15 trees per acre and 20 percent of I I parking. And then It's a logical progression of the I I all surfaces to remain pervious or plantable arts. 12 Central Business 7ming. 12 With that, I'll answer any questions. I) The total mite then Is 3.79 acres. You'll 1) MR ENOELBRp.CHT; Questions? Mr. Moreno. 14 we a little portion right up here, when Parkway was 14 MR. MORENO. Yes, sir. Larry, show me where 13 realigned. That Is still right-of-way. That porticm is 15 the Chamber of Commerce building Is on this map. 16 still going to remain the 2F that is currently on the 16 MR. RE!CHHART: Just to the north of the t 7 site and we would just be rezoning the subject parcel 17 site, 18 that is owned by the church at present, The tharght Is MR. MORENa Okay, Thank you. r 19 behind there and the apptiant has appmecbcd the City 19 MR. ENoELB wri: Ms. 0ourdie. r A , 20 about can we just landscape it and we tho*l that would 20 ws. oomm: on page 12, Enclosure 7, it 21 be the best alternative, just to leave it as landscaping 21 says that in Parks and Recreatil)rt, preserves flood plain 22 and additional green space on this site, So that Is not 21 for parks and open space to aid in the flood plain I) included 23 conservation efforts. You put "inconsistent." 24 The Central Business wing that would be 14 MR. REICHIWT: I think the Intent wan that 25 assoclatei with this, therefor„ would not require any 1s the flood plain would not be preserved. There Is a PLANNING AND ZONING APRIL 1 , 1999 25, Page 99 - Page 9 CondenaeItr"' Page 93 Page 95 1 little bit of flood plain on the site and that's going I Our experience with the church has been most 2 to be reclaimed, and it's not going to be preserved ms 2 enjoyable. They've been a willing seller to us and it's 3 park land. kind of neat the way the parking situation has worked 1 4 MS. OOURb1E: But the channel 4 out with then. We've made an agreement whers we can s MR. REICHHART: The channel will remain, s utilise their parking on Monday through Saturday nowt 6 yeah, 6 and I've promised them that I'm not going to be working 7 MS. ODURDIE: - takes Cate of all that 7 on Sunday so they can use all our : ?aocon Sunday. And a MR. REWHHART: My other question for you is 6 we kind of Intend to be good neighbors for each other. 9 that Pearl Street, would that be their main entrance mud 9 The bank, now Nathstar Bank of Texas, to exit on the building of the the, do you think, or will 10 forne.y bake Cities State Bank, has a vision of being a { I1 city be using Parkway? 2 2 great eidma hue in Denton. 1 began my banking career 12 MIL REICT1ffART: I would think it would be 12 in Denton long [me ago in 1977. And at that time every 13 Parkway just because the light at that Intersection, 13 bank in town was locally-ownod, Ixaily-r carpal, all 14 you're allowed to turn left or right onto Carroll. The 14 doclsiuns vmv made locally, Now, as of today, there is Pearl Stroet, you're restricted to a right turn only. IS are no locally-owned banks In Denton and our vision V 16 MS. oomw: okay. And that's going to t6 to come to Denton, move our charter from Lake Dallas to 17 remain a right turn only, correct? 17 Denton, and be a locally-owned, locally-managed bank Is MR. REI HHART: Yes. is Coming to what is part of the Central 19 Ms. UOURDIE: Thank you. 19 Business district Is not an accident, We want to be a 20 MR. ENOELBKma: Any other questions? hL. 20 part of the entire community and in order to do that, we 21 Rishel. 21 felt like being downtown was the plea we should be. 22 MR. R1SUEL: Eventually, 1 presume that 22 And to we're very excited. Once upon a time 1 was 23 there will N some sort of need for drive-up teller-type 23 Chairman of the Dovmtown Denton Advisory Board. It's 24 activity, Has that been do we have enough staging 24 neat to be able to come back and be a part of the 23 for that to be able to accommodate that on the site or 15 Central Business district agaln. And what we hope to _ Page 94 Page 96 I will that be on the stmt? 1 put on that western part of that block Is something that 2 MR. REICIIHART: NO, I would we haven't 2 we think will be an asset to the City. 3 seen a site plan but my comcrsations with the applicant 3 We're trot we don't have a plan at the 4 Indicate that they would be We to store that on-site. 4 moment but we're in the process of developing one and we 3 And Hrc applicant Is here and he could address that, s think we're going to end up with an offcee, a bank 6 NIX, i'NOELBRtCHT: Any other questions? 6 office building somewhere between 20,000 and 30,000 7 MR POWELL, Is he going to have to file a 7 square feet. Hopefully, multi-story. Probably will be It plat on this? s if it's over 20. And what we want to do Is blend with 9 MR. REICHHART: Yes . 9 the downtown flavor. And we think h will very well. 10 MR POWELLr so that kind of a question 10 Anything else? I I normally would come under platting anyway. I I MIL ENGELBRECH'r: Any qudtions for Mr. 12 MR. Rtlt'ItWT: Yes, it would. Sacking and I2 High!'teld? It appears trot. 7bank you, sir. Appreciate 13 curb cuts would be md6vKwd at the platting. IS it. Is there anyone present who would like to speak la 14 MR. ENGE'LBRECHT: Any other questions? 14 favor of this pedtion7 Anyone present to speak In 15 7bwA you is the pvKitioxtcr or pet tiarter's is favor of th, petition? In that case, is there anyone 16 nptewntative present i Platte give us your name and I6 present to speak In opposition to the petition? Anyone 17 business gddress for the record. 17 present to speak In opposition to the petition? Seeing Is MR. Mow ittD Mr. Chairman, Comanissioners, is no opposition, we waive rebuttal, Public hearing is 19 my names is Ocorge Highfield and my business address at 19 closed. Mr. ReichhaM1, any final staff remarks? 20 the present time is 3100 South Simmons, Corinth. And 20 MR REICHHABT: No additional comments. 21 just wanted to begin this evening by saying that this . t MR ENO"RECHT: All right. Commissioners, 22 process has been is very plessan, one as far as working `2a any questions for staff, any comments, of a motion? 23 with the Planning Department. They've walked us throttglt 23 Ms, APPLE: I'd like to move to reoo runend 24 cvcrything we nadod b do sad has made the expxknce a 24 approval of Z-99.028 with the emcUons as outlined by 23 Ice less painful. 127 staff; those being lighting on the property shall be PI.ANNINO AND ZONING APRIL 14,1999 26. Page 93 • Pate 9 I _ Condeoael!n't Page 97 Pace 99 I desienod and maintained so as not to shine on or I we went to the allowed, the ,equested 20,000 square fat 2 otherwise etowlt surrounding residential property or to 2 for a total of 35,000 square foot, the floor area would v 3 shine and project upward to prevent the diffusion into 3 Increase to .19 to one. The request is consistent with 4 the night sky, and as offered and screed to by the 4 both the policies and trip intensity standards of the S applicant, the site shall comply with the new Landscape S Denton Development Plan. 6 Code which requires 15 tries p a acre and 20 percent of 6 Let me get back to the trip Intensity. 7 all ruirfam to remain pervious, 7 There isn't anything In the standard analytds that would 8 M0. alSHEU second. 1 allow us to review the trip analysis for s gymnastics 9 M0. Er1GEtBRECHT: it's been R,eved and 9 center. There Isn't any data out them for that type of 10 seconded to recommend approval. Any disciassfon oo the 10 facility to we use the old fashlea common arse approach t 1 motion? Ms, Apple, I I that we' on 1.33. The chances are that the peak hours 12 Ms. APPLE: rd just like to say that 12 of use are going to be midafternoon, late during the 13 obviously I'll be voting for the motitn since I made it 13 day, Saturdays, 20,000 square foot facility. We thought 14 but I think this is a rcaily amart move. I'm aura there 14 that just stepping back and taking s look that the IS arc going to be people who are sorry that they didn't 1 $ transportation network should be adequate to handle this 16 think c f 'his sooner, Heat of luck to y'al1. 16 facility. 17 MA ENG PECHT: Any others? Personally, I 11 The request IS also consistent With the 1 I look forward to seeing the development, All In favorof 11 policies of the 1998 Denton Plan. Access would be via 19 the motion please else your right hand. Motion carries 19 the South 1.35 frontage road. Sidewalks would be part 20 unanimously. 20 of the improvemntts of this development. The s1te docg Okay. That moves us to Item 11 on the 21 have adequate water and sanitary ewer, although the 22 Agenda this evening which is to hold a public bearing to 22 applicant may put in a septic m because there's 23 consider making a trcommendation to the City Catncil to 23 some bedrock along the frontage of the property which 24 attend condition two of Ordinance 95.116. the two-acre 24 would make the cost of bringing sewers to the site out 25 property is legally described as Tract it of the Daniel 2s of reach. Page 98 Page t00 1 Lombard Survey, City of 0.r1Wn, Denton County, Texas. I Off•sumt parking, I'd like to make e 2 It's located oa the south aide of interstate 3S, 2 correction on page 3 of the gaff report An original 3 adjacent to Carpet Max, The proposal Is to allow for an 3 analysis indicated that there may be 100 parking spaces 4 additional 10,000 square feet of now area, Mr, 4 required. We've reviewed that again and we think that S Itelchhart will provide u, the Fran'report. The public S now what would apply 4 one space per every three 6 hearing is open, 6 occupants in the building.. which would probably reduce 7 Ma aE MHAx r: Tee subject property Is 7 that under 80. But, regadless, their plan would have e located in the southeast portion of Denton. Let me get I locomply with the parking requlrernenta. Tle landscape 9 a little closer 7lt highlighted .site, thls lithe 9 requirements would be in affect for this property. If tO site. 7hc site I just colored In is Carpet Max and this 10 approved, we would like to make the recommendation that I I site is adjacent to Carpet Max. At one time they wire 11 the lighting on the property should be designed and 12 the two sins were one site, At the time of the 12 maintained a as not to shine on or otherwise disturb 13 original rezoning request In 1995 for approximately a 13 surrounding residential properties or shine and project 14 little over 4,2 acres and the condition was that on that 14 upward to prevent the diffusion into the night sky. 15 4 2 acres, there would be a total or 25,000 square foot 15 Notice of this request went out to the four 16 of sic,,r area, which would give a nw area of 16 agjaeeot property owners by certified mail. We've 17 approximately .13 10 one 17 gotten two requests beck; one In favor, one neutral, Is Ter: Carpet Max buliding Is 13,000 square 19 The one newel request, I think their only conoem was 19 foci which laves au additional 10,000 square feet that 19 that these would be sonK type of barrier between this r 4 20 could be built presently. Carpe Max went through the 20 property and the property which is right a scent to 5 f t 21 platting parcels. Both are a little over two arts. 21 tills to the west, sort type of barrier to prevent kids 22 At present Achievers t7ytnrastics Center is 22 or whatever from spilling over onto that property, 23 looking to purchase the property, relocate to this slte, 23 Due to the aparse population out here, we 24 and they're hulling to build a 20,000 square foot 24 did ,gat recommend as tatldna with the applicant a 23 facility, which would need this condition amended. If 25 neighborhood mating because we did get the responses PLANNING AND ZONING APRIL 14, 1999 27, Page 97 • Page 100 t.: TACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELLING (2F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO CENTRAL BUSINESS (CB) 70NING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.79 ACRES OF LAND BOUNDED BY CARROLL BOULIVARD, PEARL STREET, BOLIVAR STREET AND PARKWAY STREET; PROVIDING FOR A PENALTY IN THE MAXIIAUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FCd AN EFFECTIVE DATE. (Z-99-028) WHEREAS, Lake Cities State Bank on behalf of Pearl Street Church of Christ and Pearl Street Church of Christ Elders has applied for a change in toning for 3.79 acres of land from Two- family Dwelling (217) zoning district classification and use designation to Central Business (CB) zoning district classification and use designation; and WHEREAS, on April 14, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WYt' REAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON I%REBY ORDAINS: , That the zoning district classification and use designation of the 3.79 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Two-family Dwelling (1F) zoning district classification and use designation to Central Business (CB) zoning district classification and use designation under the comprehensive zonin! ordinance of the City of Denton, Texas, subject to the following conditions: I . LighJng on the property rhall be designed and maintained so u not to shine on or otherwise disturb, surcouni ing residential properly or to shine and project upward to prey, nt the diffusion into toe night sky, 1, As offered and agreed to by the applicant, the site shall comply wi-h the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). SECTION 11, That the City's official zoning map is amended to show the change in zo.t ng district classification, SECTION III, That any person violating any provision of this ordinance shall, upon conviction, be tined 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 fourteen (14) days from the date of its passage, and tl•e City Secretary is hereby directed to cause the caption of this ordinance to be 28. t r, s SECTION IV. That th;s ordinance shall become effective s urtwt (14) days from the date t of is passage, and the City Secretary is hereby dirocted to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, witf to ten (10) days of the date of its passage. PASSED AND APPROV f;J this the _ day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM* HERBERT L. PROUTY, CITY ATTORNEY i BY: i a i! ~ j 29. r u 03/31/1993 00:21 9403821632 EXFiI9IT A CELL PAGE 02 C PIr L STREET CHURCH OF CHAIST PROUCRTISS FIEIO NOTES to eh 0tet certain vent of parcel of land eAueled U the Willem NeiN Sulviy, Ab*od Number "I eNy of Denton, mown Coo tpw and bNryj oA of m tend bounded by Carob 9WA w'd on fM WWL -tv re, aY tltrool on the NOf1h. •o stm on the sw end Part street on the tows owned by rite MM oveet Chorch of Christ ea rooeanleod and occupied an the Oreu-hd; the $VMS* 1119111144 mace perovulerly dsg~ as fotlowF; SEOINNINO lot the NvOh V W Corner W the wad bekro dadnbed herein rt a 14' capped iron rod set fof to Northwal Corner of a Ind of lend dacMbed in 1ha 040 fdcorded In Volume 838, No $11 of the Deed Reeordo et D!nSon C`auMdy Terse and p~eka~fp~h the old soutl pna of PeMrweY tbeet: r et as4i~d Ono eed dM4r+bady to MzOdistance 6a3d to 60 olw4@1in 16 01WPaaeP10 of fN Coe00 d fu the Nor M~ol~ the el Records of Oerden Oounty. Tenet; 'fHdNCE 0euth 01 DeOree V Wftiw Oa Second. VWot a db4nos of 20.00 Mret a 14' capped Man rod aef for 1hO Nedt+wed oomee of is trod of food do"ilbod In the Deed recorded In Volume 70a. Pape 02a of the Dal ReoorN of Donlan COVF yt Tons THENCE Ea11 with the old Sdulh Mq of Perkwer sMet a dlabnce or 17tl l9 feet k1 a Si' Oappe/ ken rod Nt for Mu Northeast earner of a bast of land desenbed in N Deed wattled In Volume M. its" 00 of the peed Rooorde' of Donom County. Yam in Me week fine of 8o1rar dbe d; THENCE South 02 Deoroe 04 Mnuloo $7 34conda Weal with the West line of tloNst Wool a distance of 293.04 felt a 14',aot7od hen rod 60 lat comer In the North NM of PoeM 1Dtreet- THENCE Wed rA1h the"Me of P6e4 Mfeet a didartt4 of tt0.71 feet toe capped ken red act for 00 tloutheeel comer of a trial of land deaarli W In the Oood rod WW in Volume 760. Pope 174 of the 04od Records of Denton County. Tom; THENCE NeAh 01 Deno 34 hOnuNa 01 84eonde Eaot wMh the diet ring Phenol a & "Me of 1.00 Nat to a W tapped iron rod sell for cornet, THENCE Witt wMh the new rio* One of Pearl /treat a dbtenoe 04 325A0 feet le e X etrt W kr 0en4refo For comer in Vie Wed One of o bete attend 4*6~ in the Deed recorded in Veknol 131, Poo P of the Dad Retvfdo of Oontcn Count', Tons oleo Zt kt the new Edell fine of CsrmN fhouA+wrd; THENCE North 01 Oe0reee 34 MnuM O Oetonde Eat 1 d+ttnce of $07.00 foo1'to the PIACCOP DEGINNINO and enaloalno x.70 acres of lend more of lose Theo Field Notes With the eocernpooyi okebh wen preoarod hem on on-o"feund su" made under my duec7on_and eitpe"1 on Moto 2,11/0. J.E. TH NID90N R..1,8, MlS7 ~ t>olO I ...f~,.1NpMr•~ ti ~ i 4171 ,rid e « 1fyo~a~t} lv~~p I i. 1 . , 30. ` c i I ~ I i~ ATTACHMENT 4 yy ~1 r,~, I r 1 ` i , ;a r'" 1 1 TOPIC: REZONING of 3.79 acres, from a Two4smily Dwelling (2F) zoning district to a Central Business (CB) zoning district, The property is bounded on V. ) north by Parkway, on the south by Pearl Street, on the east by Boulvar Street and on the west by Carroll Doulvard (see map on other side). The proposal, commonly known as Lake Cities State Bank, Is to develop a three (3) story, 30,000 square foot bank with office space on the western portion of the site. The City Council will consider the request at its May 11, 1999 meeting. Presently, the applicant and owner with to hold a neighborhood meeting to answer any questions or concerns that you may have about this zoning change. If you are Interested In meeting with them, you are invited to attend the meeting at the above data, elms and place. If you have any questions, please call city staff. r~ SPOilSORED BY. CITY OF DENTON ( t PLANNINO AND DEVELOPMLNT DEPARTMENT CONTACT: LARRY REICHHART, DEVELOPMENT REVIEW MANAGER (940) 349-8350 31, Z-99-028 Lake Cities State Bank NoATH ■ r 200 MOT Q BUFFER • _r ~ r~r r 500 FOOT - BUFFER SITE LOCATION MAP scab, None 3~+ c e } ~r d' P TOPIC: tai ZONINQ of 3,79 acres, from a Two-family Dwelling (2F) zoning distrct to a Central Business (C9) zoning district. The property Is bounded on the north by Parkway, on the south by Pearl Street, on the east by Soulvar Street and on the west by Carroll Boulvsrd (soe map on other side). The proposal, commonly known as Lake Cities State Bank, is to develop a three (3) story, 30,000 square foot bank with office space on the western portion of the site, The City Council will consider the request at Its May 11, `1999 meeting. Presently, the applicant and owner wish to hold .4etbhb6rho4a meeting to answer any questions or ehneerns thaf'96U May have about this zoning rhangs. If you are Interestad'In Insisting AN them, you are Invited to attenj the meeting at the iib'& data, time and place. If you have any questions, please call clty'IG~fL SPONSORED 13 CITY OF DENTON v r ~1 , PLANNING AND DEVELOPMENT DEPARTMENT CONTACT; LARRY REICHHART, DEVELOPMENT REVIEW MANAGER (940) 349.8350 c f THE CITY OF DENTON PLANNING AND DEVELOPMENT DEFAMER NEIGNDOD'OOD MEETING - I.99-028 PLEASE SIGN-IN APHI10,1900 LEASE PRIN YOUR NAME MAILINO ADDRESS PHONE OROANUTION SIGNATURE NUMBER (IF ANY) w' yr, f ~ ~1 3 ,~,-ooe C~ -s P is ~ , o. r • ~ ~ `t o & ev ) Fz ti 7 790 1 w - ~ w c LocWoa: Dots r . AGENDA INFORMATION SHEET kande No. t AQlttt bm . 0161~~~- AGENDA DATEt May 11, 1999 DEPARTMENT: Planning Department CM/DCMIACM; Rick Svehla, 349-7715 SUBJECT-Top or the Hill Subdivision (A-83) Hold a public hearing regarding the proposed voluntary annexation of a 65.174 acre tract located adjacent to the existing city limits, south of Nowlin Road on the east side of FM 2181 (Teasley Lane) generally opposite Hickory Creek Road in the Extraterritorial Jurisdiction (ETJ)of the City of Denton, Texas. (see Attachments land 2) BACKGROUND The petitioner (Robert E. Nelson) is proposing to develop the subject property as 31.6; acres Single-Family 7 (SF-7), 24,24 acres Multi-Family (MF2) and 9.28 acres Commercial (C), (sec I Attachment 7). The site is In the Extraterritorial Jurisdiction (r.TJ)of the City of Denton. At the request of the city council the annexation and zoning procceding.t have been separated. The development as proposed will require public Improvements. The following Is a preliminary list of those improvements that may be triggered by the platting process: 1. Right-of-way dedication along Now lin Road and FM 2181 (Teasley Lane). 1. Right and left turn lanes on Teasley Lane into the subdivision. 3. Participation in a traffic signal at Ryan Road and Teasley Lane. 4. Construction of internal streets. 5. Construction of sidewalks along all public streeti. 6. Extensions of public utilities to service the development. 7. Possible upizing of existing Granada lift station and sewer tines. 8. Storm water drainage improvements. 9. Installation of fire hydrants. 10. Dedication of public utilities. 11. Dedication of the flood plain area as a drainage casement. 12. Partial construction of a new primary ma;or arterial as idetitified on the Denton Mobility Plan; The residential portion of the proposed development, if built, would be subject to the land dedication portion of the Park Dedication Ordinance (Ord. 98.039). Although an application for " Jr platting has not been submitted, if platted prior to annexation the proposed development would r i1 be exempt from the park development fees of the Part dedication Ordinance, because It Is located in the ETJ. If it were within the City, park development fees ($187 per residential lot an&or unit) would be collected when building permits were Issued. e u I i I I In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas In the ET) when significant dtvelopments rk i are proposed" Staff is conducting a preliminary annexation assessment of the proposed annexation In accordance with policy VAdelines. A preliminary annexation Set-ice Plan has been prepared for City Council and public reviov during the annexation process (we Attachment 9). The capacity of infrastructure such as water, j wart, water, streets and electric service and services such as police, fire, recreation, and general govamment are evaluated with respect to the proposed annexation. PRIOR ACTION/REVIEW (Council. Boards. Commissional None at this time, FISCAL INFORMATION None at this time. i ESTIMATED PROJECT SCHEDULE This Is the llrst of two public hearings to be conducted by the City Council c ooceraing this annexation. The schedule for public hearings to consistent with the requirements of State law. (see Attachment 8). SUGGESTED RECOMMENDATION The Growth Management Plan indicates that this area should be developed so low density residential. Since this property Is outside of the city limits, annexation is the logical step to ensure that this In fact occurs. It will pro%Ide the City of Denton the r.nhooity to regulate WA use based upon a zoning classification. Therefore, staff recommends that the City Council conduct a thorough analysis regarding this request for annexation. i ATTACHMENTS L Location Map 2, Vicinity Map 3. Zoning Map 4, Utilities Mop S. 500 Foot Notice Map 6. Denton Mobility Mop , 7, Proposed Zoning. 8. Annexation Schedule 9, Service Plan. i 2. r . a j 1 Respectfully submitted; I Dav tll .sAl Director of Planning and Development prepared by. L eichhat velopment Review Manager ti ,A 3. i L~ U ATTACHMENT 1 NORTH A$3 (Top of the Hill Subdivision) as r :LA , rx REEK R t~'; ~rP 1_`G ~ 1 Ly. 13 , LOCATION MAP 4 ♦F i F Aeanda Daft: May 14,1999 Scale: None 4. N ' O ATTACHMENT 2 NORTH A43 (Top of the Hill Subdivision) Fr-7 ~e.. CorJnfh wRyl 7 w ~i i VICINITY MAP Agenda Date: May 11,1999 11"N: None S. c~ ATTACHMENT 3 NORTH A-83 (Top of the Hill Subslvislon) i i ILJJ i 1 1 is I I A In rrrrr-rrrr 1 1 µ71Q) I I 1 I 1AI I - SITE 1 1 ro 111 1/CK I CRIKK 110 1 I 1 1 ` I A Irr rr rrrl i x ZONING MAP r Agenda Onto: May 11,1999 Scale: None 6. c~ ATTACHMENT 4 A•83 (Top of the Hill Subdivision NORTH fl I t' q SITE HCKORY CREEK RD t ``'y~rigpsxr y .T Krfti U1tt i; 1 EXISTING UTILITIES MAP y • Hydrants r. Water Line (W. L.) • • - Sewer Line (S. L.) r Agenda Date: May 11, 4999 !Seale: None 7. r 4 a' 7 7 'I (1 i ` as .rti, • ATTACHMENT .5 . ~I NORTH j A-83 Top of the HIII Subdivision) I I Fog 90(fir ..,i SITE ; CafnlA w • 0.8,.1 r I i SM F Butter h~ 200.500 FOOT NOTICE MAP y ~1'rti c r' I Agenda Data: May 11, 1999 Scala: None 9. e u ATTACHMENT 6 j NORTH A-83 (Top of the Hill Subdivision) I LJL~i LEI-) w. , u r SITE se,~n~h HCKORY CRYK RD 1 DENTON MOBILITY PLAN MAP Future Primary - _ ` ' ` Major Arterial Agenda Date: May 11,1999 9, Scale: None c~ 1. i i LtUCND NWLTI-FAMILY Lxnn O PROMTV tit 24.24 ACRES - ~ ~ - ~OMIIW BOtlNDRY LNrB ~,,..y,,.~.~.~.,..~.....NtC1Cp1Y C'kLIC ItA - y r COMMERCIAL ~ ~ J 9.28 ACRES RESIDENTIAL 31,65 ACRES PINNELL ASSOCIATES TOP OF THE HILL SUBDIVISION 4' . U ArutcwaENr 8 ANNEXATION SCHEDULE; TOP OF THE HILL SUBDIVISION (A-83) Thursday, April 291h Notice published In Denton Record-Chronicle for first City Council public hearing. Tuesday, May 11"' City Council conducts firs public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing, n Annexation Sfudy prepared and available for public review. o Service Plan prepared and available for public review. Saturday, May 6"' Notice published In Denton Record-Chronicle for second City Council public hearing, Tuesday, May le City Council conducts second public hearing. • Public notice must be no less than 10 days and no more than 20 days before publlc hearing, Sunday, May I Erd Notice published In Denton Record-Chronicle for Planning and Zoning Commission public hearing. Wednesday, May 261 Planning and Zoning Commission holds a public hearli g and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. Public notice must be no less than 10 days before public hearing. Tuesday, June 151^ City Council by a four-fifths vote Instituteii annexation I proceedings. Firgt reading of, annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Saturday, June le Publication of annexation ordinance In Denton Reoord-Chronicle. Tuesday, July 2081 City Council by a four-fifths vote takes final action. Second tead'ng and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less than 90 days after council instituWe annexation proceedings. i 11. C. (ATTACHMENT 9) ANNEXATION SERVICE PLAN CASE NUMBER: A-83 (Top of the Hill Subdivision) AREA: 65.174 acres LOCATION: South of Nowlin Road east of FM 2181 (Teasley Ln.) generally opposite Hickory Creek Road in the extraterritorial jurisdiction (ETJ) of the City of Denton, Texas. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton. Texas, at the following levels and in accordance with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment, B. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment D. WsterlWaslewaler Facilities ' L Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment, E. Roads and Streets 1. Maintenance of roads and streets, Including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, sv imming pools, and other recreational f, ilities in , the area to be annexed will begin wi hin sixty (60) days after the effective date of the annexation using existing personnci and equipment However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area. b,,, o....n "4' Pjor Air 12. c~ ANNEXATION SERVICE PLAN , (A-83) Top of the Hill Subdivision G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. Library Services 1. Library services will be provided within sixty (60) days after the efferdve date of the annexation using existing personnel and equipment 1. Code Eoforeement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services I. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment The Planning and Developmtnt Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvements Program (CIP) The CIP of the city Is prioritized according to the following guidelines, (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical stand..*.rds and professional studies. (2) The overall cost effectiveness of providing a spe:ific facility or improvnrtent. The annexed area will be considered for CIP improvemetts in the upcoming Cl? plan. This property will be considered according to the established guidelines. o ~ f 1 r ~l.~ruii wdnq Xr'IlN !'l7tln AiK 13. i S' I is AGENDA INFORMATION SHEET /bandsNa LS~- Dab AGENDA DATE: May 11, 1999 DEPARTMENT: Planning Department CM/DCM/ACM: Rick Svehla, 349-7715 i SLJBJF.CT -Trinity Meadows (A-84) Hold a public hearing regarding the proposed involuntary annexation of an 80.741 acre tract located on the south side of McKinney Street and directly opposite of Trinity Road, in the City of Denton's extra-territorial jurisdiction (ETJ) (see Attachments 1 and 2). BACKGROUND C.H.M. Park, Inc. is proposing to develop a 337 (rental) lot manufactured home park (MHP) on the subject properly. The 80.741 acre site is partially inside the City of Denton. Approximately 7.07 acres along McKinney Street are inside the city limits, while the remaining 73.671 acres are in the extra-territorial jurisdiction of the City of Denton (see Attachment 3). The proposed MHP Is designed to be wholly within the ETJ, providing the city with only subdivision regulation of the development. The developer is proceeding with subdivision procedures, As it development in the ET), zoning regulations do not apply. The proposed subdivision design provides for lot: that do not conform with the minimum requirements of Chapter 32 of the Code of Ordinance. The development of the Trinity Meadows manufactured home park will require several public improvements. A preliminary list of these improvements includes: 1. Right-of-way dedication along McKinney Street (F.M. 426) anJ the proposed artedal. 2. Sidewalks along McKinney Street (F.M, 426) and the proposed arterial 3. Extensions of water and sewer lines, 4. Slomt water drainage improvements. S. Installation orfire hydrants 6. Dedication of public utility easements. The proposed development if built would be subject to the land dedication portion of the Park Dedication Ordinance (Ord. 98.039). A fee in lieu of dedication would be required for the subject property, equal to the pre-development value of 2.33 acres of the tract, during the platting process. The developer would be required to pay the fees at time of release of the final plat. The proposed MHP would be exempt from the park development fees of the Park Dedication Ordinance, because it would be located in the ET). If it were within the City, park development fees would be collected during the building permit stage equal to 5187 per unit, if it were completely built-out as proposed, total fees for park development would equal $63,019 (337 units x $187 per lot). In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the ETJ when significant developments 1 tr , i I i i I III are proposed." Staff is conducting a preliminary annexation assessment of the proposed annexation in accordance with policy guidelines. A preliminary annexation Sen'ce Plan has been prepared for City Council and public review during the annexation process (see Attachment 8). The capacity of infrastructure such as water, waste water, streets and electric service and services such as police, fin, recreation, and general government are evaluated with respect to the proposed annexation. PRIOR ACTIONIREVIEW April 6,1999 - City Council received a report, held discussion and provided staff with direction regarding the annexation of the subject 80.741 acre tract. April 20,1999 - City Council conducted the first of two public hearings concerning the annexation of the subject 86.741 acre tract. ESTIMATED PROJECT SCHEDULE This Is the second of two public hearings to be conducted by City Council concerning this annexation. The schedule for public hearings is consistent with the requirements of State law (see Attachment 7). FISCAL. INFORMATION None at this time. . i P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission will hold a public hearing and consider making a recommendation to the City Council regarding the proposed annexation and corresponding zoning designation on May 12, 1999. ATTACHMENTS 1. Location Map 2. Vicinity Map 3. Zoning Map 4. Utilities Map S. $00 Foot Notice Map b. Demon Mobility Plan Map u 7. Annexation Schedule 8. Service Plan Reipectfully aubmitt D eNill Director of Planning and Development SY Pfria by: Wayne R Planner ~.r/l(Strr(I RrJtrt-?nA1lrAfirlbninyl ll UV iLtr 21 N ~ . i u I ATTACHMENT 1 a NORTH ` A•84 (TRINITY MEADOWS) I d 1 I n sn.dy SAon . r p~rh1A LOCATION MAP 4 Agenda Data: May 14,1999 Scale: Non® 3r G l~ ATTACHMENT 2 4 A-84 (TRINITY MEADOWS) NORTH Y, AN WAH moom TWNT /WI . I L~ r , + VICINITY MAP r r limmmumammw Agands date: May 14,1999 Soo[c (Done I ~ I w ATTACHMENT 3 NOFITH A-84 (TRINITY MEADOWS) M I ro~i I PO al v ~ P -T u if r .dy ro ar cart ,a I\; .I ~ I u u~ r. I Iu w ~T I C41 I 'I I A 1 ♦ i u % u .r I II rC 1 Lrrr►I ,V, M I 1 rs j J~~ t ZONING MAP Y `l Aq.nds Detc May 11 1999 s, scare: None ATTACHMENT 4 I~ NORTH A-84 (TRINITY MEADOWS) ~.y ;:a < a 4 oil' rrlq~nl , J ' Al b of A ~ r (A e ~ . b~~ , v 0Rkj90M RD Y. 'Y .4. rY .r3• r I I SITE 'I tr 1 EXISTING UTILITIES MAP • Hydrants • - • - Water Line (W. L.) r • • - Sewer Line (S. L.) A4 I Agenda Dots: May 11, 1909 Seale: None 6. I u ATTACHMENT 5 NORTH A-84 (TRINITY MEADOWS) Y Av a Kµ ira:Ia• I M. ~•~ia IW 41` F\ (u 500 FOOT COURTESY NOTICE MAP Agenda Daft: May 11. '1909 Scale; None 7. h c ATTACHMENT 6 A-84 (TRINITY MEADOWS) NORTH pj3 1 f, it ~ •15 ,Fy 7~4 I •1l1l..Ti, 10 ~8~4y ~r f'P , 4 I L T 41 1, I a 4 " j G ~A lJ ' ' ids ~•~i., ' ! f S I DENTON MOBILITY PLAN MAP N Freeways Primary Major Arterials Secondary Major Arterials % Collectors < Agands Dats; May 11,1999 Seals: None 8. ATTACHMENT 7 INVOLUNTARY ANNEXATION SCHEDULE: TRINITY MEADOWS (A-84) RMxd AprQ 10"1 D➢9 Saturday, April 10th Notice published In Denton Record-Chronicle for first City Council public hearing concerning annexation. Tuesday, April 20"' City Council conducts first public hearing, • Public notice must be no less than 10 days and no more than 20 days before public hearing. u Annexation Study prepared and available for public review. u Seroica Plan prepared and available for public review. Saturday, May 1i1 Notice published In Denton Record-Chronlde for second City Council public hearing concerning annexation. Sunday, May 2nd Notice published In Denton Record-Chronicle for Pignning and Zoning Commission public hearing concerning annexation and proposed zoning. Tuesday, May 11"' City Council conducts second public hearing, • Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, May 12"' Planning and Zoning Commission holds a public herring and oonslders making a recommendation to the City Council regarding the proposed annexation and proposed zoning. • Public notice must be no less than 10 days before public J hearing. Tuesday, June 1'` City Council by a four-fifths vote Institutes annexation proceedings. First reading gf annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, June t3'" Pubiicat'an of annexation ordinance with service plan In Denton Record-Chronicle. Sunday, July 411" Notice published In Denton Record-Chronicle for City Council public hearing concerning annexation and proposed zoning. • Public notice must be no less than 16 days before pubilo hearing. i Tuesday, July 20' City Council by a four-fifths vote takes final action. Second reading and adootion of the annexation o inanCA. City Council " Or considers approval of zoning request. Council action must be more than 30 days after publication of ordinance and less than 00 days after council Institutes annexation proceedings. ATTACHMENT 8 4 ANNEXATION SERVICE PLAN CASE NUMBER: A-84 (Trinity Meadows) I AREA: so, 68 acres LOCATION: On the south side of McKinney Street (F.M. 426), south of Trinity Road.in Denton's extraterritorial Jurisdiction (ETJ). Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule,. A. Pollee Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. I C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. WaterfWastewater Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment, E. Roads and Strects 1. Maintenance of roads and streets, including road and street lighting, In thr area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Rerreellon Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities In the area to be annexed will begin within sixty (60) days after the effective date or the annexation using existing personnel and equipment. However, there are no existing t (1•=~ parks, playgrounds, swimming tools, and other recreational facilities In the area. I 10. ' a s ANNEXATION SERVICE PLAN 4 (A-94) Trinity Meadows I C. Electric Facilities 1, Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. library Service 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Herald Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment J. Planning and Development Services 1, Planting and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services No property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilisation, population density, magnitude of problems as related to cumparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be considered for CIP Improvements in the upcoming CIP plan. This properly will be considered according to the established guidelines; i 47 1n,"Wi n 'n("!?+ III . i. Apaeda Na . 0 AGENDA INFORMATION SHEET AW&Pam~ Dab.,., AGENDA DATE: May 11, 1999 DEPARTMENT: Planning Department CM/DCMlACM: Rick Svehla, 349.7715 SkR&CT -Mesquite Meadows (A-85) Hold a public hearing regarding the proposed involuntary annexation of an 83.75 acres located on the northwest comer of N. Loop 288 and Stuart Road. At present, the subject property Is part of a 100.3 acre tract that is partially inside the city limits; the southern 16.55 acres of the property are within the city limits, while the remaining acreage is located In the City of Denton's Extra-territorial jurisdiction (ETJ) (see Attachments I and 2). BACKGROUND Leaping Leopard, LTD. Is proposing to preliminary plat the subject property as two parcels, Lot I is the 16.35 acre parcel located within the city limits, That lot is currently zoned Agriculture (A). Lot 2 is the remaining 83,75 acres located in the ETJ, providing the city with only subdivision regulations within that portion of the subdivision. The proposed manufactured home park (MHP) would be located on this portion of the property. As such, the city would have no control over the land use (zoning) or design standards of the proposed development. Development of Mesquite Meadows MIIP will require several public improvements. A preliminary list of these improvements includes: I . Right-of-way dedication along Stuart Road. 2. Right-of-way dedication for proposed collector road, " 3. Offsite improvements to Stuart Road. 4. Stuart Road will be disconnected from Loop 288 requiring a cul-de-sac. 5. Sidewalks along all street frontages Including Loop 288. 6. Extensions of water and sewer lines. 7. Storm waterdrainage improvements. 8. Installation of fire hydrants 91 Dedication of public utility casements, 14he proposed MHP would be subject to the land dedication portion of the Park Dedication Ordinance (Ord. 98.039). A fee in lieu of dedication will be rcquirtd for the subject property, equal to the pre-development value of tract, during the platting process. The developer would be required to pay the fas at time of releme of the final plat. The proposed MHP would be exempt from the park development fees of the Park Dedication Ordinance, because it would be located in i the ET). If it were within the City, park development fees would be collected during the building permit stage equal to $187 per anit v In Accordance with the City's annexation policy plan, approved In June 1993, the City will "assess on a case by case basis the annexation of areas I• the ETJ when significant developments are proposed" Staff is conducting a preliminary annexation assessment of the proposed tk annexation in accordance with policy guidelines. A preliminary annexation Service Plan has been prepared for City Council and public review during the annexation process (see Attachment 8)• The capacity of infrastructure such its water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. IE~V PRIOR ACTION/REV April 6, IM - City Council received a report, held a discussion and provided staff with direction regarding the annexation of the subject 83.75 acre tract, April 20, 1999 - City Council conducted the first of two public hearings conceming the annexation of the subject 8175 acres. ESTIMATED PROJECT SCHEDULE This Is the second of two public hearings to be conducted by City Council concerning this annexation. The schedule for public hearings is consistent with the requirements of State law (see Attachment 7). FISCAL INFORSLATION None at this time. per, SUGGESTED RECOMMENDATION The Planning and Zoning Commission will hold a public hearing and consider making a rxommendation to the City Council regarding the proposed annexation and corresponding zoning designation on Wednesday, May 12, 1999• ATTACHMENTS I, Location Map 2. Vicinity Map 3. Zoning Map 4. Utilities Map 5. 500 Foot Notice Map 6. Denton Mobility Plan Map 7. Annexation Schedule 8, Service Plan R ) Ily submi a D ill r. Director of Planning and Development A Prepared by, . w Ways Reed Planar Il 1 VIff ?rgil Rrpn-baf /1Ald'7lrAiinq J-1IVV rhn 2, _ ~ it ~r a . ATTACHMENT 1 NORTH A•85 (MESQU:TE MEADOWS Krum 77 oor iM i Film i y LOCATION MAP i 'R. • f Agenda Data: May 11, 190 Scala: None j 3. ` i • r C U ATTACHMENT 2 s NORTH A-85 (MESQUITE MEADOWS) ~ t ELM SITE • 1bl6~dN f a r HUICUL" LN I ~ kern. i ! ~ VICINITY MAP v r { Agondo Dols. May 11,100 Aceh, None ATTACHMENT 3 ~1 1 NORTH A-85 (MESQUITE MEADOWS) i i r~ 1 I A I i ~ $IT~ o" F0 130 A r rrr PO IP 7~. r N t PO 170 r _ r1.1 r_r_r rrrA 7 i I A A P011i \ V•1 PC so OPi 1010 O r dL4 ZONING MAP A ' F Agonda Date: May 41,1999 Sala: None 5. L II ATTACHMENT 4 A-85 (MESQUITE MEADOWS) NORTH SITE r 100r 71t r~ ~ J r 3 N EXISTING UTILITIES MAP • Hydrants Water Line (W. L,) , Sewer Lire 19. L,I Agenda Date; May 11, IM Scale: None 6. M M ATTACHMV1 5 A•85 (MESQUITE MEADOWS) NORTH x 'y 14 I ~ I nt 2'Cr SITE ;z R * I II 500 FOOT COURTESY NOTICE MAP I r { F Agenda Date: May 11, 1999 Beals, None 7. ATTACHMENT 6 A-85 (MESQUITE MEADOWS) NOATH I I, SITE a at lrLWtr Lri v {t.• t" 1 t HWULE0 LN DENTON MOBILITY PLAN MAP Freeways N Primary Major Arterlals Secondary Major Arterials Collectors - Agenda Date; May 11, 1999 Scala: None s M t, ATTACHMENT 7 INVOLUNTARY ANNEXATION SCHEDULE: MESQUITE MEADOWS (A$5) ReWmdAp42e. im Saturday, April 10"' Notice published In Denton Record-Chronicle for first City Council public hearing concerning annexation. Tuesday, April 2e City Council conducts brat pubes hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. a Ann&x0m toludy prepared and available for public review. o Service Plan prepared and available for public review. Saturday, May 1" Notice published In Denton Record-Chronicle for second City Council public hearing concerning annexation. Sunday, May 2nd Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning. Tuesday, May 11th City Council conducts second public head Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, May 121 Planning and Zoning Commission holds a pubtic hearing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. Public notice must be no less than 10 days before public hearing, Tuesday, June 1'l City Council by a four-fifths vote institutes annexation proceedings. First reading of annexation ordinance. Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, June 6 h Publication of annexation ordinance with service plan in Denton Record-Chronicle. Sunday, July 4'h Notice published In Denton Reoord-Chronicle for City Counci public hearing concerning annexation and proposed zoning. Public notice must be no less than 15 days before public hearing. i Tuesday, July 20"' City Council by a four-fifths vote takes final action. Second a reading and adoption of the annexation ordinance. City Council l r: ` considers approval of zoning request Council action must be more than 30 days after publication of ordinance and less than 90 days after council institutes annexation proceedings. r r,r.w g C' c~ 1 ATTACHMENT 8 ANNEXATION SERVICE PLAN CASE NUMBER: A-85 (Mesquite Meadows) AREA: 83.73 acres LOCATION: On the northwest corner of N. Loop 288 and Stuart R in Denton's extraterritorial jurisdiction (ETJ). Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection L Police service, including patrolling, responsa to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection L Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. WaterAVastewater Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. However, there are no existing f t parks, playgrounds, swimming pools, and other recreational facilities in the area gibtgrinn 5r'on l'I'rifq l'u 1'/1.9'1 :rH' 10.1 a . c, III ( I ANNEXATION SERVICE PLAN (A-85)' Mesquite Meadows G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment, 1. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enferccment, building inspections and consumer health services will be provided within sixty (60) days after the effective date or the annexation using existing personnel and equipment, J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision or capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a spe:ifrc facility of improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. v i <,b;,; 110(r, j" er n it r P. of for I!u.W.n'.w. 11 l 4 t: 1 I v 411W8 No, AGENDA INFORMATION SHEET ApMtOfatOom_~ AGENDA DATE: May 11, 1999 DEPARTMENT: Planning Department CM/DCM/ACM: Rick Svehla, 349.7715 SUBJEC"f - Lubbers Addition (A-86) Hold a public hearing regarding the proposed involuntary annexation of a 19.802 acre tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road in the City of Denton's extra-territorial jurisdiction (ETJ) (see Attachments 1 and 2). BACKGROUND Allen Lubbers is proposing to develop a 19 (rental) lot manufactured home park (NIHP) on the subject property. At present, it is located in the extra-territorial jurisdiction (ETJ) of the City of Denton, providing the City with only subdivision regulation of the development. The developer is proceeding with subdivision procedures. As a development in the ETJ, zoning regulations do not apply. The city would have no control over the land use (zoning) or design standards of the proposed development, Development of tt.e Lubbers Addition manufactured home park will require several public improvements. A preliminary list of these improvements includes: I. Right-of-way dedication along Edwards Road, 2. Perimeter paving along the frontage of Edwards Road. 3. Sidewalks along the frontage of Edwards Road. 4. Extensions of water lines. 5. Storm water drainage improvements. 6. installation of fire hydrants 7. Dedication of public utility easements The proposed development if built would be subject to the land dedication portion of the Park Dedication Ordinance (Ord. 98-039). A fee in lieu of dedication would be required for the subject property, equal to the pre-development value of 0.09 acres of the tract, during the platting process. The developer would be required to pay the fees at time of release of the final plat. The proposed MHP would be exempt from the park development fees of the Park Dedication Ordinance, because it would be located in the ET). If it were within the City, park deg elopmeni fees would be collected during the building permit stage equal to $187 per unit. If it were completely built-out as proposed, total fees for park development would equal $3,553 (19 units x t, - $187 per lot). In accordance with the City's annexatiot, policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the ETJ when significant developments i n~; ri!':;ia. 'rcl!'c~i:r /l,mngr)!1 •rr r.., 1, I are proposed." Staff is conducting a preliminary annexation assessment of the proposed ~ annexation in accordance with policy guidelines. I A preliminary annexation Service Plan has been prepared for City Council and public review during the annexation process (see Attachment 8). The capacity of infrastructure such as water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. PRIOR ACTION/REVIEW April 6,1994 - City Council received a report, held discussion and provided staff with direction regarding the annexation of the subject 19.802 acre tract. April 20,1"9 - City Council conducted the first of two public hearings concerning the annexation of the subject 19.802 acre tract. ESTIMATED PROJECT SCHEDULE This is the second of two public hearings to be conducted by City Council concerning this annexation. The schedule for public hearings is consistent with the requirements of State taw (see Attachment 7). FISCAL INFORMATION Wit at this time, i P&Z. SUGGESTED RECOMMENDATION The Planning and Zoning Commission will hold a public hearing and consider making a recommendation to the City Council regarding the proposed annexation on May 12,1999. J ATTACHMENTS 1. Location Map 2. Vicinity Map 3. Zoning Map 4. Utilities Map 5. 500 Foot Notice Map 6. Denton Mobility Plan Map 7. Annexation Schedule 8. Service Plan Res bully submitt e Hi11 , Director of Planning and Development i ' ;t Prepared by: j ayne eed Plann r 11 1~6fisrn~1 R'r, 4 .:'d NVO th 0"Mr J I!-,99ao, 2. c . c, ATTACHMENT 1 NORTH A-86 (LUBBERS ADDITION) a. V L f F Y f t Sody SAors r E , LOCATION MAP Agenda Date: May 11, 1999 Scab: None 3. u c~ ATTACHMENT 2 R NORTH A-06 (LUBBERS ADDITION) j s PECAN CREEK • M.H.A, z IDWm w io • i' ~ PRFSENYE t~ PAaR DD G. Nx~r 9n~dy sAoa a i CatrrA • ~ • . Aikk VICINITY MAP Agenda Date: May 11, 1999 Scale: None ATTACHMENT 3 M NORTH A-86 (LUBBERS ADDITION) • $ I A A T po IPSF' A A ry P0132 R OWN= PD 122 i A I / it"~ A ; P010Y PD 1321 D1 P01S2 i / c (C) It Sddy Scan PD12 S Iti PD11 { ZONING MAP w Agenda Date: May 41, 1999 Scale: None J• a i n I ATTACHMENT 4 NORTH A-86 (LUBBERS ADDITION) st. J g' ti ~J WS.L 'hf mwAm ti ry.` SIT F M\, 1 EXISTING UTILITIES MAP h • Hydrants • - Water Line (W. L.) • - Sewsr Line (S. L.) ! , r Agenda Date: May 11, 1999 Scale: None 6. M I ~I i I M ATTACHMENT 5 A-86 (LUBBERS ADDITION) NORTH 1 ED RDS SITE " ` RU I 500 FOOT COURTESY NOTICE MAP l jr! r; Agenda Date: May 11, 1999 Scale: None 7. r S, ATTACHMENT 6 A-86 (LUBBERS ADDITION) NORTH Ad yy k A I ; ~ z a k 3 6 I EGWNtD ry V _ / !mlW fd . / 1 DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials Secondary Major Arterlals Collectors 1 Agenda Date: May 11.1999 Scala: None 9. i i ATTACHMENT 7 INVOLUNTARY ANNEXATION SCHEDULE: LUBBERS ADDITION (A$6) Saturday, April le Notice published in Denton Reoord-Chronicle for first City Council public hearing conceming annexation, Tuesday, April 2e City Council conducts first public hearing, • Public notice must be no toss than 10 days and no more than 20 days before public hearing. o Annexation Sfudy prepared and available for public review. o Sendce Plan prepared and available for public review. Saturday. May 1" Notice published in Denton Record-Chronicle for second City Council public hearing concerning annexation. Sunday, May 2nd Notice published In Denton Record-Chronicle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning, Tuesday, May 11"' City Council conducts s@gil public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. Wednesday, May 12 h Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. • Public notice must be no less than 10 days before t-.ubilc + hearing. Tuesday, June 1" City Council by a four-fifths vote In„ litutes annexation proceedings. EJ#st reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first pubic hearing, Sunday, June 8d Publication of annexation ordinance with service plan In Denton Record-Chronicle, Sunday, July 4'" Notice published in Denton Reoord-Chronicle for City Council public hearing concerning annexation and proposed zoning. • Public notice must be no less than 15 days before public hearing. Sawnd Tuesday. July 20th City Council by a four-fifths vote takes final action. ceding and adoRion of the annexation ordinance. City Councit (ir considers approval of zoning request. • Council action most be more than 30 days after publication of ordinance and less than 90 days after council Institutes annexation proceedings. i...n.7,„ < c.4„h fr Jar 9. ATTACHMENT 8 b ANNEXATION SERVICE PLAN CASE NUMBER: A-86 (Lubbers Addition) AREA: 19.365 acres LOCATION: On the south side of Edwards Road west of Swisher Road in Denton's extratctritorial jurisdiction (ETJ). Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Proleetlon 1. Police service, including patrolling, raspone: to calls, and other routine functions, will be provided to the property within sixty ,60) days efler the effective date of the annexation using existing personnel and equipment. B. Fire Protection L Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days alter the effective date of the annexation using existing personnel and equipment, I C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing person -,,I and equipment. D. WaterrWastewater Facilities 1. Maintenance of water and wastewater facilities in the area to be ennexed that are not within the service area of another water or wastewater utility will be begin within silly (60) days after the effective date of the annexation using exiW is personnel and equipment, E. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the c annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area. 10. c ANNEXATION SERVICE PLAN (A-86) Lubbers Addidon G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. Library Services 1. Library services utill be provided within sixty (60) days a8sr the effective date of the annexation using existing personnel and equipment 1. Code Enforcement, Building Inspections and Consumer Health Services L Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. I i J. Planning and Development Services i i. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing p-xaonnel and equipment. The Planning and Development Department aurently prov'des services this property by way of adminlaaation of Chapter 34 of the Code of Ordinances, concerning subdivision a.'td land development regulations. j K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guide"nes: (l) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of ' problems as related to comparable yeas, established technical standards and professional studies. (2) The overall cost effectiveness orproviding a specific facilityor improvement. The annexed area will be conslukred for CIP Improvements In the upcoming CIP plan. This property will be considered according to the established guidelines. b. V.l our ui two A rrl, r No. Srr 4 M 99 (1.. I I. h , >~+1tti1 Na ApMM h~ra n oar AGENDA INFORMATION SHEET AGENDA DATE: May 11,1999 DEPARTMENT: Planning and Development CNI[DCM/ACM: Rick Svehla SUBJECT Bold a public hearing inviting citizens to comment on the City of Denton's 1999 Action Plan for /lousing and Cnmmuniry Development. BACKGROUND Preparation and dissemination of an Action Plot is a requirement for all CDBO and IIOMF, entitlement cities. The plan include, information on funding available for 1999 community development programs and proposed activities. Regulations require a 30-day comment period on the plan and at least one public hearing. The comment period for Denton's Action Plan was April I through April 30. Comments received during that period are included in the Action Plan booklet on page 53. A public hearing was held at the Martin Luther King Jr. Recreation Center on April 12, ESTIMATED 5ClfEDUI F OF PROJECT Public comment period March 29 through April 30 Action Plan public hearings April May l City Council considers approval o Action Plan May 18 Submission o Action P an to IIUD June 1 Environments review process May 0 through July 20 Release o fun s by IUD August4 Projcct inT~ itia n- August 5 ' t CTION/REVIEH' (Council. Boards. Commissions) On April 27, the Ann ]latch of the Community Development Advisory Committee and Wallace Duvall, Vice Chair of the Human Services Committee revimed the recommendations of their respective committees with Council. Council members were provided with a copy of the proposed 1999 Action Plan. r Community Development Advisory Committee members developed recommendations r s, , for use of 51,592,055 in CDBO and HOME funds for administration. housing, demolition ( ! activities, sewer improvements and street repaving, CDAC minutes are included on pages 54 to 71 of the Action Plan booklet. t The human Services Committee members developed recommendations 4-•1 the use of $179,922 in CDBO funds and $213,353 in the city's( :a nal Fund. Though the Action Plan indicates that the HSC is recommending use of general fund dollars, approval of the Action Plan does not approve HSC'% General Fund recomtendations. Human Services Committee recommendations for the General Fund budget will be Included in the normal budgetarn process. See pages 72 to 138 of the Action Plan booklet for HSC minutes. FISCAL INFORMATION All projects and programs approved under the 1999 Action Plan are funded with CDBG and HOME funds. Nu general fund dollars are included in the proposed 1949Acrlon Plan See Attachment A, page 3 and Attachment B, page 4 for a list of activities with the funding source(s) and amou,rt(s). 11111D INFORMATION Each project % ill be bid according to Federal, State and local laws and regulations. ATTACHMENTS r An Action Plan booklet was provided for the April 27 meeting under separate cover. • CDAC Funding Recommendations Chart, Attachment A, page 3 • HSC Funding Recommendations Chart, Attachment B, page 4 i Respectfully submitted: j ve Hill 4 Director of Planning and Development Prepared by: Luisa Rodriguez-Garcia Community Development Coordinator r~ I Page 2 i c • Attachment A COMMUNITY DEVELOPMENT ADVISORY COMMITTEE 1999 FUNDING RECOMMENDATIONS APPLICATIONS FUNDING CDBG HOME REQUESTED FUNDS FUNDS Human Services Applications $ 179,922 $ 179,922 S 1 Non-Profit: 0AHC • Affordable Housing $ 130,000 $ $ 78,000 Opportunity Program 1 2 Non-Profit: DAHC • Operating Costs S 26,000 $ $ 20,000 3 CD Div.: Demolition Program $ 75,000 $ 15,000 $ - I 4 CO Div,: Homebuyers Assistance Program S 421,000 $ 194,678 $ 200,000 Homeowner Rehabilitation and 5 CD Div.: Optional Reconstruetbn $ 352,500 $ 100,162 $ 181,500 6 CD Div.: Emr?rgency Repair Program $ 25,000 $ 20,000 $ 7 WWV: Gay[Oddges Utility Improvements $ 414,620 $ 414,620 $ 6 WAYN Carpenter Rd Utility Improvements $ 127,990 $ • $ 9 Eng: Duncan St. Repave $ 65,625 $ 37,000 $ 10 Eng: S. Central Denton Repave $ 117,600 $ 39,200 $ i 11 Eng: G ayla1lddges Street Repa, e $ 83,350 $ $ 12 Non-Profit; American Legion Hall Expansion $ 112,000 $ S 13 Admin CDBG and HOME Grant Admin $ 239,895 S 52,000 TOTAL FUNDING RECOMMENDE0 S 1,240,477 $ 531,500 i' Shaded requests are HOME eligible activities Page 3 I Attachment 8 1999 HUMAN SERVICES COMMITTEE RECOMMENDATIONS AGENCY 1999 1999 Reo mmendations Requested CDBG Funds General Funds Total Adult Day Care of North Texas 15,000.00 127 0 12,7) AIDS Services of North Texas 12,000A0 10,000 0 10,000 Parks (ASAS/TRAC Scholarships) 27,465.00 13,000 0 13,5J0 Parks (Owsley Summer Playground) 11 17,924.16 14,000 0 14,000 Parks (King's Kids Day Kamp) 24,956,18 22,01+0 0 22,000 Boys & Girls Clubs of Denton Co. 29,289.60 0 14,000 14,000 Camp Summit 5,000.00 0 0 0 CASA 8,000.00 0 8,000 8500 Communities in Schools 41,602.00 0 0 0 Community Food Center 4,000.00 0 3,750 3,750 Denton Christian Preschool 5,000.00 0 0 0 Denton City-Co. Day School 26,000.00 0 23,000 23,000 Denton Co, Children's Advocacy Center 25,000.00 0 10,000 10,000 Dcnton County MHMR Center 21,335.00 10,000 0 10,000 Dcnton Kiwanis Children's Clinic 7,500.00 0 0 r 0 Denton Special Olympics 15,000.00 0 0 0 Fairhaven Retirement Ilome 11,000.00 9,500 0 9,500 Family Health Care, Inc, 27,500.00 20,000 0 20,000 Family Resource Center 20,000.00 0 7,500 7,500 Fred Moore Day Nursery 38,000.00 0 37,000 37,000 Friends of the Family 40,000.00 0 40,000 40,000 Ile1pNF:T 25,000.00 0 15,000 13,000 Ilope, Inc. 30,000.00 25,000 5,000 30,000 Interfaith Ministries 15,000.00 15,325 0 15,323 Juvenile Diversionary Services 21,000.00 0 0 0 Planned Parenthood 10,000.00 0 0 0 Reach,lnc, 6,210.00 4,597 403 5,000 Riding Unlimited 3,750.00 0 3,000 3,000 RSVP 8,500.00 8,200 8,200 Salvation Anny 10,000.00 0 7,S00 7,500 r Scholar's P,iair Foundation 14,900.00 0 0 0 A Sickle Cell Disease Association 7,500.00 0 5,000 5,000 (1,-~ r SPAN 30,000.00 0 26,000 26,000 TTRIPS (D,I,S.D.) 10,000.00 1ONO 0 10,000 TwU CARLS 25,000.00 12,500 0 12,500 TOTALS 641,431.94 179,922 213,353 393,27$ TOTALFIFNDSAVAILABLE 179,922 213,353 393,275 Paga 4 ti t . t , i ApMdg 1-91 AGENDA INFORMATION SHEET AGENDA DATE: May 11,1999 DEPARTMENT: Management and Budget ACM: Kathy DuBose, Fiscal and Municipal Services SUBMECTr Consider a resolution dissolving the 1996 Oversight Committee; expressicg the sincere appreciation of the City Council for the work of the members of that committee; providing that the committee chair and Council representative will continue to serve as liaison for the committee to be established to oversee the 2000 Five-Year Capital Improvement bond program; and providing an effective date. BACKGROUND: The 1996 Oversight Committee was formed to monitor, evaluate, wA report on the progress of the five-year Capital Improvement Program after the February, 1996 bond election. RECOMMENDATIONo Staffrecommends that Council approve the resolution to dissolve the 1996 Oversight Committee and provide that the current chair and Council representative of the 1996 Oversight Committee serve as liaison for the Citizens Advisory Committee which will oversee the 2000 Capita) Improvement Bond program. td, J t otManagemen t and Budget Prepared by, Kathy Bri Financial Analyst I it i RESOLUTION NO. A RESOLUTION DISSOLVING THE 1996 OVERSIGHT COMMITTEE; EXPRESSING THE SINCERE APPRECIATION OF THE CITY COUNCIL FOR THE WORK OF THE MEM- BERS OF THAT COMMITTEE; PROVIDING THAT 1HE COMMITTEE CHAIR AND COUNCIL REPRESENTATIVE WILL CONTINUE TO SERVE AS LIAISON TO THE COMMITTEE TO BE ESTABLISHED TO OVERSEE THE 2000 FIVE-YEAR CAPITAL IM- PROVEMENT BOND PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 6, 1996, the City Council approved a resolution appointing a six-member citizen advisory Oversight Corimittee ("Committee) to monitor, evaluate, and re- port at. the progress of the five-year Capital Improvement Program CVIP'7, pending the success- ful bona election, which proved to be e,ttrernely successful on February 24,1996; and WHEREAS, Joe Mulroy, Roni Beasley, Margaret Smith, Jesse Coffey, and Terry Schatz hove served faithfully as contributing and valuable members on the Committee for the City of Dei ton; and WHEREAS, they have demonstrated a genuine interest in the activities of the Committee during their tenure; and WHEREAS, the CIP was designed to take five years, but was established In only four years; and WHEREAS, the members of the Committee have exhibited outstanding expertise, par- ticularly in the area of leadership. They have dedicated much of their time anJ effort In a spirit of encourrging community involvement in the decisions and recommendations of the Committee to assure the incisions are in the best Interests of the citizens of Denton; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION, . That the City Council, the citizens of Denton, and the staff of the City of Denton join in recognizing the accomplishments of Joe Mulroy, Roni Beasley, Margaret Smith, Jesse Coffey, and Terry Schenz and in expressing their sincere appreciation for the Committee members' years of service on behalf of the community and its residents, and direct that this resolution be read into the official minutes of the 1996 Oversight Committee and the minutes of the City Council in honor of their service. SECTION U. That the 1996 Oversight Com tittee is hereby dissolved, provided that Joe Mulroy, the Comn ittee chair, and Rani Beasley, this City Council representative shall continua to sent as liaison for the Commitw. to be established to oversee the 2000 five-year Capital lm• / W ' provement Bond Program. SECTION I11, That this ordinance shall become effective immediately upon its passage and approval. 2 PASSED AND APPROVED thla the day of 11999. JACK MILLER, !MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ~ BY: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: III i w 1 WMd'phiQ'W DsWM0tY1WeNIPtwr~~tnrTilY1101 t ~ y1 f d i+ . Y I F3 ~ i I I M AGENDA INFORMATION SHFYT AGENDA DATE: May 11, 1999 DEPARTMENT: Economic Development/Main Street ACM: Kathy DuSose, Fiscal and Municipal Service`s__ SMM A resolution of the City of Denton, Texas, approving the eligibility of the structure locate at 115-117 W. Hickory Street, Denton, Texas, for tax exemption for historical ly significant sites pursuant to Chapter 10, article VI I code of ordinances of the city of Denton, Texas; authorizing City Manager to execute a tax exemption certificate; and declaring an effective date (Historic Landmark Commission recommends approv:~ 6-0) BACKGROUND On April 28, 1998, the Denton City Council passed ordinance #98• 116 which amended Chapter 10 "Finance and taxation" of the code of ordinances of the city. This ordinance added article V11 which provides that the city may abate increases in the assessed value of historically significant sites for tax purposes as a result of appropriate repair and renovations in the downtown oommercial district of the city of Denton. ESTIMATED SCIfEDULE OF PROJECT Completed PRIOR ACTIOM EMa The Historic Landmark Commission has reviewed all records provided by k1r. Moses regarding 115-117 W. Hickory and has found that he has complied with the requirements set foith in ordinance #98.116 to receive said tax , abatement. On April 12, 1999, the Denton Historic landmark Commission voted 6-0 to recommend approval of this lax abatement to the Denton City Council, EBSCAL INFORMATION The pre-renovation value of 115.117 W. Hickory is currently assessed on the tax roles at $113,532. Based on the current city tax rate of 0,50815 the City would forego $57.69 per year or $5"6.90 for the ten-year tax abatement period. The exact financial impact of the tax freeze is impossible to predict. However, for each $10,000 in increased value, the City would forego $50.82. FXIIIBITS Resolution Application for Historic Structure Property fax Abatement copy ortax certificate Excerpt from the minute° of the IILC mecting, April 12, 1999 , detail listing orexpenditures Memo from 1ILC to City Council recommending approval of application 1 r . i f~f Respectfully submitted: I Linda Ratliff, Director P.conomicDevelop mcnt Department i Prepared by: ecr 7u!ie Clover, Main Street Maps 4 III r T r ~ 1 I I i i ~I RESOLUTION NO, A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVING THE ELIGIBILITY OF THE STRUCTURE LOCATED AT 115.117 WEST HICKORY, DENTON, TEXAS FOR TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES PURSUANT TO CHAPTER 10, ARTICLE V11 CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AUTHORIZING CITY MANAGER TO EXECUTE A TAX EXEMPTION CERTIFICATE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City has a policy to grant it partial tax exemption for historically significant sites as established by Chapter 10 "Finance and Taxation", Article VII of the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the property located at 115.117 West Hickory, Denton, Texas meets the requirements of a historically significant site since it is a conunercial or residential structure, 50 years old or older, and Is within the boundaries of the Downtown Commercial District is defined In Sec. 10.131 of the Code of Ordinances of the City of Denton, Texas; and WHEREAS, the owner has met all requirements for eligibility for the tax exemption; and WHEREAS, the Historical Landmark Commission has unanimously recommended the approval of the exemption at its meeting of April 12,1999; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTIONI: That the structure located at 115-117 West Hickory, Denton, Texas has j mct all the requirements of Chapter 10, Article VII of the Code of Ordinances of the City of 1 Denton, Texas as amended by Ordinance 98.116 and is eligible for the tax exemption for historically significant sites, SECTION 110 That the City Manager is hereby authorized to execute a tan exemption certificate upon verification of completion or repairs and renovation for the property located at 1 115.117 West Hickory, Denton, Texas. SECTION III The exemption shall only apply to the historic structure and the land reasonably necessary for access to, and use thereof, by abating any increase in the assessed value for ad valorem tax purposes In excess of the assessed value of the property for the tax year immediately prior to the renovation, for a period of ten years following the completion of the 1 renovation. SL rl N IV:I.iat this resolution shall become effective Immediately up.n its passage r and approval. f l,r . ~~ar. i N O 1 j I I I! I I PASSED AND APPROVED this the day of 01999 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 3 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: l : F~harcd%dcpllGL'Our DocummBl ioluliom'AlcloHc souclue to tcm oon dx I i I k Page 2 t, j P G i i Rober! R Aloses Phone: 1400 Robinson Road Fax: (940) 2432248 Denton, Texas 76205 (840) 387.9390 26 March, 1999 Denton Main Street 100 N. Locust, Suite #2 Denton, TX 76201 Attn: Ms, Jui,e Glover Sub: Historic Structure Property Tax Abatement for 115.117 West Hickory, Denton 76201 Ref: 1. Previous Application Submitted and Tentatively Approved 518198 2. Attached Application for Final Approval 3. Details of Renovation Expenses Attached Is my application for final approval for the Historic Structure Property Tax Abatement, under Ordinance No. 98.116 for my property located at 115.117 W. Hickory. The plans for renovation and original application was submitted, and tentatively approved, on 518198.... prior to commencement to exterior work, The major renovation has now been completed, and a detailed listing of the costs associated with the exterior renovation Is attached. This shows a total cost of $28,752.34, with the costs associated with roof repair and upgrade accounting for $11,945 of these costs. The two figures qualify and fall within the eligibility requirements that allow the abatement of taxes, as provided by the City of Denton Ordinance 98.116. Please contact me for further Information or clarification ...or If physical Inspection, or expense verification is required. My wife and I are proud to be a part of the Courthouse Square, and of our building and businesses located there, Sincerely, Robert E, Moses M i S t 4 ' U Application for IdstorIe Siruclure Property Tnx Abattmenl Irrom tht City of Denton, Texas (For property located within the Downtown Commercial District as provided for by city ordinance 98.116.) Property Address 115^1/~- w ~>/GKDDea 52 G 20/ Bela y a a f (i a Faf1 owe •A Iif , Y Wotr eha -A9H of 7- 3, Legal Desc4ption_$lCl-e- - 1 7- 0141AZAG 7e~,y StIB ea De AM- l,,,; CMM14 T n~5 Otitncr(s)-Q1jbdoet E, /t7~_je~ , MailingAddress_ AeQ.40K 50P49 0 -)da TX 7Ze20i_ Phone- Date of original constniction of building~~~ Tax Valuation (effective prior to start date of rehabilitation project)- Jr, !sr.?21 00 Start date of rehabilitation Estimated completion date_f uu.r..n..u...uuu...nur..uuuu.~nr....uu~..~.~. u. u.u.nnu~unn.n.nuur I certify that 1 am the legal mwcr of the aforementioned property. I attest that the information listed about is Inre and complete to the best of my knowledge. I attest that this property meets the eligibility requirements for an abatement of taxes as provided for by the City of Denton Ordinance 93.116, as follows: I, 1ht propcny Is located n 4%ri the boundiries of the Central Business District; 2. ThepropcrtyIsatlcasl50)cars old, 3. 11sc estimnted cost of the rchaMbution project hilt equal or t.%"td 254: of the most recent assessed ad rdorcm tar aluarion of the sinicrure or $20,000, uhichocr is less Poor repair or replacement may eompdse no r+nre than 50°/. of the minimum nhresholdamounr necessan to quslilyfor Us obatement; e A tar ccnifcme shorting tl+al all cues due upon the property hatebeen paid Itatuched tothisapp?iearion, 5. AproposutIistingall aspects of the hlunnedrolnbititmionnIII h'submitted to the RstoriePresenationOllicerfor (Moab)IkntonHutoricUndnurkCommission for compatitrlirywirhthe propcrtyAppearance Gildelines isdll submit an ugrccntcnt for a Ccnif+catc of Appropd4wess for any trterfor moddfearions to the propcity for the duration of the period duringahlch the tar ohstcn+cnt Is incRcd; G, I mnhorlec r6c Cin htanaser or dasignce. Historic Landmark Commissioners and elected orfidals to %isitard Inspect the property as needed Io complrteo 06 aappNC1160n andCorti ricatlin process 01 set fo n the nancc Signature of property owYSCr(s),-Y__ 2 r~ ft--- - r tfC~, e Date l Notarized By_ - L. r1 ~~-!.G•L tt'1 - n* AIRIADA McO t$NtY Ja a+tarl,NrSrrrrfrorr ~"aic frresRmty09212tV 6 u Fell C- AIIA.A TAX CCBTIrZCATt IIAAA■ ✓ UPoASL 11011TH TCXAO TAX GrAVICE PAGE i Or 2 130 NEST MAIN alpecT LINIBVILLto TIXA9 7S087 171.414.4573 IYAX) 972.131.4160 0r4 48139 IRI:NCIt n D$NTO)f CLOSER MJ O "Ell TYPE T- 1 CVOTYPE R DATE 06/01/18 ....•AI IAIIIAIAAII.IIAAAIAI/Al/AgA1111111A111A.1..AA.1.11AAAA A~AAA AAAA111AIIIIA CAD4 n-31775 Col 001 Cot DVVC 0 T DCNTON, CLOCK 1, LOT 2 (till) ETS/8LT OtTUO 115 7J11ICKORY COS r](NtS') A93T/SVp i0 990311A MAtL 711 O rLOYa RD nICHAROZON TX 75080.7417 ASSESSED ONNEG(0) DENTON 17O 1717 AESC58lD YALVlE UARE LTD LAND 3MPROY sNT 41,1!0 TOTAL VALVE 3,111 1111,832 TAX ENTITY WORNATION DtNtOlt COUNTY y _ ~ PAYMENTS ~P 0 COX 1149 DENTON TX 76202 17 TAX RATE 5E OP ,1110/90 PHONE 972.434 2010 O1S11000 tr/o Ext:MrT :14.53 3:KEMPTION3 NONE VA DACE. TAX BABt Due DUC OS/96 out 08/18 7 200.[7 4 9 0.00 •A PAID 03/13/96 AI OUBT07AL 110457 0.00 --0.00 0.00 CITY Or DBHTON 11S E MCKINNSY DENTON TX 16201 97YTAX R AB OF 04/20/18 r PHONE 940-161.0216 97 TAX RATE 0.5131500 N/O LXlMPT S81.59 EXEMPTIONO NONE' YR W)t TAX 'BASE eve DUE 03/98 DUt 06/96 PAID 47 581.10 0.00 A , CUSICTAL G81.S8 0.00 0.00 0.00 4 ISO - DlJJTOff r,OED ON DtNTON CO PAYMENTS AS Or WIC /16 PHONC 971.434.2975 NW07 /TAX RATE 1.5710000 W/o ?A)( 2,015.19 CX[MDT10lIC NONE YR DASC TAX BAeE DUE LVt 05/11 out 08/96 07 2,015.11 0.00 IA PAID 03/IS/38 IA "~.r c t' SUBTOTAL 1015.19 0400 0.00 C.00 7 L ~t 9~ 31111 17\Yl 00aln ~nIASI M 033 yS I AY01111 19.9 .0 fn fix 1 r, i " TAX CERTIFICATE ''111•• PAGE f Ir = NORTH TEXAS TAX ItRVICE 830 VEOT MAIN 07111IET LEWISVILLE, TEXAS 75067 171-436.4073 (EAX) 171•331.6160 BRANCH 0 :INTON GPN 50331 CLOSER MJ ORDER TYPE T 3 DUOTYPE R OATt 05/08/98 ►Alfilla!lAIIRI#1#1lR11AI/1111a11#lllaf111R1111f•a1aa1►Aal1a1A1AlAAaaA►►/IRIff/ , callnENTD DENTON COUNTY rue COUNTY REQUPSTO THAT YOU ONLY DENS ONE (1) PAYMENT CHIC! FOR ALL ENTITIES THEY COLLECT ►fAA Aa a Ill11AI AAA44666a11afdl R4J4ala4a114164►Lf/ RR IRA I I►amma too a1A1!l1limit 4a al SUMMARY OP CURRENT YEAR • SUMMARY OF TAXES DUE TAX YEAR SASE TAX f Due 05/90 DUE 06/90 i DENTON CCFN'TY 1097 100.50 • 0,00 0,00 r,17Y OP DCNTON 1997 5!1,58 1 0100 0400 ISD - 11 IN7ON 1907 1,010.19 ' 0.00 0.00 j TOTAL TAX 1,000,30 1 0.00 0.00 1Rfa4 A110 a4 ll6 4 l0 0 la14 11A 4 6 1aAf1aA0 l 0 Aaa6 0 IAl1llaAaf Al►Ial1Alaflaaa/al111R1!/!1 CA1 ACCOUNT NVXDER SUMMARY R-37775 I !•a1/AA4644#4646AaaAa Ra►►allallAIIAAA/AaaAa alrlA AR 404 A Aa afal•► AA 1111!04!11/a1 a► CERTITICATION, CONDITIONS AND EXCLUSIONS TARS CERTIFIES THAT ALL AD VAL)fiIM TAXES APPLICABLE TO Tilt ADOVC AETERENCtO PROPERTY HAVE BEEN CHECIED AND TOUND TO HAVE Tilt STATUS INDICATED, 1 1. THIS CERTIPICA71ON DOES NOT COVER ANY CIIANOCS MADE TO TAX POLLS OR RICOR51 AFTER THE "PAYMENTS AS OE" DATED LISTID ADOVE. 2. THIS DOCVMCNT DOES NOT CONSTITUTE A AEPORT 0)) OR CERTItICATION Of MINERAL (PAOOUCTIVE AND NON•PROOVCTIVC) TAXES, LEACSO, PIASONAL Pi.OPtAtY TAXED 01 DINER NON AD VALOREM TAXES (DUCT! AS PAVING LIENS, STAND-BY CHAROES OR MAINTENANCE ASSESIMEN70). THEDC ITEMS MAY BE 111CLUPLO FOR CONVENIENCE PURPOLS3 ONLY. 3. THIS CERTIFICATE IB NOT TRANOPeRRAOLI AND IE ENPORCEABL► ONLY BY THB PARTY TO WHICH IT NAB BEEN IttUIO. i PRINTED BY OR0/SLT 8 t 1; 31111 QY►~ OJWS 4T11ASIM 002AS I W1111! 98-9 -9 :A9 1Q9 j a i i i i i 'I I EXCERPT OF MINUTES HISTORIC LANDMARK COMMISSION APRIL 12,1999 MEETING V, Review application for Historic Stricture Property Tax abatement for 115-117 W. Hickory and mAke recommendation to City Couneil Bob Moses owns the property located at 115-117 W, Hickory. Elements of Design occupies the space at 115 W, Hickory and Beth Marie's Ice Cream occupies the space at 117 W. Hickory. This application for tax abatement will be fled under ordinance N98- 116. The property value will remain at the pre-renovation value of SI 18,000 for ten years. Julie Glover highlighted the important aspects of the ordinance fort i4dfication for the commissioners. She sold HLC approved the preliminary process last year and we are now In the final certification process. Julie stated that once the HLC commissioners approve the application it then goes to the Denton City Council After a brief discussion, Bob Momsomery and Peggy Capps said they thought this would be good for our downtown and would encourage other property owners and businesses to locate on the square. Peggy Capps made a motion to accept this application and recommend approval to the City Council. The motion was seconded by Diane Ricks. The motion passed unanimously, % ~I aF i (Ire a 9 C. U 115.117 W. Hickory External Renovation i 4/1.96 37wnph 1v31ro6 ~ 3 26 99 Paps I REM-PE R•DcatooSgoue b.l_ Ivwi_ UexrlpUm Memo _ Category Cie Amoyhl I 3/1498 Adel AC & Ireat •Flx W,, eurD In ! new mb (Dent 1st SuuyExt Roo 2,94!.00 !/26,58 Sibs A Rama • iR New Awning IML 111 Suu x1, Reno 800,00 SIM C&M Construction •Rerso p7•Exterkx, Inv 2040 (Dent I at oute~xt Roo 2,03!.68 6/10198 UNIConstruclkm 'Rem PI-ExlerSor,bv2043 DentistStatcIExtReno 3,079.20 6/2458 C&6SConstmc0oo 61o0 p9-Exterbr,Inv2069 Pont I it StaltAxt. Kew 1,11!.4! 74198 Wra z oWs :Exkrlor winbows & boo l (Dent l it SuuyI15 P-0 613.27 7/S58 C&htCortm doo :Rmo 01U xkriot,lnv2098 (Denl,lIt SutelMat Iwo 3,23611 719; 98 So A Rama :Last 112 of Nrw Awsinp (Deal, I it StauyExt. Reno 917.43 7/21198 C&hl Constru4m :Reno 811-Exur4x, Inv 214) IDeot III SutVAIL Roo 2,202,00 7/27/98 C&xt Constnx 4^ :Reno 012-Exkvior, Inv 2176 Dont III Suley'Ext Roo 900.00 9'11198 Sip A Rama.] 17 :117, DeF10a Nrw Tronl Slpn IDent l sl Sine xL Rmo 500.00 9't 1198 Sip A Rims • i IS, ue"k on New Front Sap 4DDot. N SuuiExt Iwo 300,00 11/1158 RunpiEleclric :11$PromExtrrkvSoWirin `mtIitSUU}'Ext. Reno 715,00 11111/95 BunwElnirie :117Front Exter4xSip Whin (DortIit Sule)txtReno 717O0 11124,93 All Weather goofing 'Roof Rmo-Pall Frm RmW Ace Vu REM Ch AxL Rmo 8,000.00 1217198 C&MCotutruct4M 'Reno p13-Exterku,hiv2446 €Dent Iit SuuvEIt Kew 1,478.00 TOTAL 4/1/91.12/31,98 29,75234 f TOTAL MPLON'S 29,7!234 ` TOTAL DMILOWS 000 NET TOTAL 29,712.N • I I I I 1 P As U 10 r c; c. CITY OF DENTOIV, TEXAS MEMO To: Mayor and members of the City Council From: Denton Historic Landmark Commissioners Re: Historic Structure Prot. rty Tax Abatement for 115.117 W. Hickory On April 12, 1999, the Denton Historic Lar:Jmark Commission ret and reviewed the Historic Property Tax Abatement (city ordinance No, 98.116) for the property located at 115.117 W. Hickory, owned by Robert Moses. Mr. Moses has satisfactorily met the eligibility requirements as stated in city ordinance No. 98.116 and the Denton Historic Landmark Commission unanimously endorses this apptication. q, `Hob ontgo e y Vice-Chair o HLC i 11 "Woed7ad io (%,thy strr$v" a cI it i ' ~ rte. 9~ owo AGENDA INFORMATION SHEET AGENDA DATE; Vay 11, 1999 DEPARTMENT: Electric Utility ACM: Howard Martin, 349.8232 SUBJECT: AN ORDINANCE OF THE CITY OF DENrON, TEXAS LIFTING SUSPENSION OF THE PROPOSED TIME-OF-USE RATE OPTIONS SET FORTH IN THE STATEMENT OF INTENT AND APPLICATION OF TEXAS UTILITIES ELECTRIC COMPANY HERETOFORE FILED WITH THE CITY ON JANUARY 15, 1999, SUCH SUSPENSION BEING SET FORTH IN ORDINANCE NUN48ER 99-058; PROVIDING FOR APPROVAL OF RATE SCHEDULES FOR TEXAS UTILITIES ELECTRIC COMPANY RESPECTING TIME. OF-USE RATE OPTIONS PERTAINING TO THE SALd OF ELECTRIC SERVICE TO RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CUSTOMERS WITHIN ITS DULY- CERTIFICATED AREA IN THE CITY OF DENTON, TEXAS; PROVIDING CONDITIONS UNDER WHICH SUCH RATE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO T14E PUBLIC AS REQUIRED BY LAW; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; AND ! PROVIDING FOR AN EFFECTIVE DATE, BACKGROUND: On January 15, 1999, Texas Utilities requested City Council approval for a ,cries of Time-of- Use rates. Since the Public Utilities Commission of Texas had not at that time given approval of those tariffs, the Council suspended the proposed ra!e change as permitted by state law. Texas Utilities has now received approval from the Public Utility Commission of Texas, by Order signed April 14, 1999, in PUC Docket No. 17942, for a new Time-of-Use tariff schedules titled: "12.21 Rate GTU - General Service Time-of Use", 1.1.5 Rate RTUI • Residential Time-of-Use Service", and 3.2.22 Rate GTUC - General Service Time-of-Use Voluntary Curtailable. Therefore, it is appropriate for the City Council to lift the suspension effected by Ordinance No. 99.058 enacted on February 16, 1999 and make these voluntary rate options, in a form identical to that approved by the Public Utility Commission of Texas for customers in their jurisdiction, available to Texas Utilities customers located in the City, i i , f} I I OPTIONS; 1. Lift the suspension and approve the rates. 2. Lift the suspension and refuse to approve the rates. RECOMMENDATIONS: The suspension should be lifted and the rates approved. PRIOR ACTIONIREVICW (Council, Boards. Commiselonlt ` None. it EISCAL INFORMATIOM None. Respectfully submitted: =464,0-u Sharon Mays Director of Electric Utilities 1 r i f~ r H t , 1,Nr Akument~dhdlnencevi99,ApprnvlnlTtI Rate Scheduke due ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS LIFTING SUSPENSION OF THE PROPOSED TIME-OF-USE RATE OPTIONS SET FORTH IN THE STATEMENT OF INTENT AND APPLICATION OF TEXAS UTILITIES ELECTRIC COMPANY HERETOFORE FILED WITH THE CITY ON JANUARY 15, 1999, SUCH SUSPENSION BEING SET FORTH IN ORDINANCE NUMBER 99.059; PROVIDING FOR APPROVAL OF RATE SCHEDULES FOR TEXAS UTILITIES ELECTRIC COMPANY RESPECTING TIME- OF-USE RATE OPTIONS PERTAINING TO THE SALE OF ELECTRIC SERVICE TO RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CUSTOMERS WITHIN ITS DULY- CERTIFICATED AREA IN THE CITY OF DENTON, TEXAS; PROVIDING CONDITIONS UNDER WHICH SUCH R,%TE SCHEDULES MAY BE CHANGED, MODIFIED, AMENDED OR WITHDRAWN; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW'; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 15, 1999, Texas Utilities Electric Company (hereinafter referred to as "T'U Electric") filed with the City Council, being the governing body of the city of Denton, a Home-Rule City, proposed new rate schedules that provide additional rate options for its curtomers, which options are entirely voluntary on the pan of the customer, namely its proposed Rate OTU-M - General Service Time-of Use-Municipality, proposed Rate RTUI-M - Residential Time-of-Use Service-Municipality, and proposed rate OTUC-M - General Service Tim;-of-Use Voluntary Curtailable-Municipality (said three proposed new rate schedules are hcreinaf er collectively referred to as the "Time-of-Use Rate Schedules"). WHEREAS, the City Council, after initially considering the proposed "Time-of-Use Rate Schedules", enacted Ordinance No. 99.059 on February t6,1999 which suspended the proposed rate changes for a period of ninety (90) days, as permitted by Section 36,109(a) Texas Utilities Codc, V.T,C.A. (1997), until May 20, 1999, in order to make a reasonable determination of all j relevant factors Involved with the proposed rates and to await the cetermination LA approval of the Public Utilities Commiseton of Texas ("PUC") in Docket No. 17942. Thereafter, on April 14, 1999, the PUC entered Its Order in Docket No. 17942, and made Findings of Fact and Conclusions of Law respecting the proposed "Time-of-Use Rate Schedules" The City has detemtincd that the three attached "Time-of-Use Rate Schedules" Identified as: [I] Tariff for Electric Service 11,8 Rate RTUI-M - Residential Time-of-Use Service - Municipality; 12J Tariff for Electric Service 3.2,25 Rate OTU-M - Genera' Service Time-of-Use - Municipality; and 131 Tariff for Electric Scrvi.e 3126 Ra'r GTUC-M - General Service Time-omse Voluntary Cunailable - Municipality, should W approved, subject to the provisions of this 1 Ordinance; and that the rate suspenslon described hexinabove should be In all things. lifted and f;. terminated; NOW, THEREFORE, I THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION le The City Council accordingly hereby lifts and terminates the suspension of the proposed "Time-of-Use Rate Schedules' heretofore enacted by the Council by Ordinance No. 99.058, effective this date; SECTION 11: That all of the declarations and findings contained in the preamble to this ordinance are made a pan hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. SECTION lil: The City Council hereby approves the three above-described Time-of-Use Rate Schedules attached hereto and incorporated herewith by reference; and TU Electric is authorized to render service and to collect charges as specified In the Time-of-Use Rate Schedules from its customers electing to receive electric service under said Time-of-Use Rate Schedules within the corporate limits of this municipality until such time to said rate schedules may be changed, modified, amended or withdrawn with the approval of the City Council. SECTION IV: The three Time-of-Use Rate Schedules herein approved shall be effective from and after the final passage and approval of this Ordinance, SECTION V: The filing of said Time-of-Use Rate Schedules shall constitute notlce to the consumers of electricity within the City of Denton, Texas, of the availability and application of such Time-of-Use Rate Schedules. SECTION VI: TU Electric shall not seek any additional rate or surcharge mechanism in order to recover any revenues lost on account of the application of these time-of-use rates, and there shall be no imputed revenues on account of any reduction In TU Electric's revenues that may result from the application of these time-of-use rates, SECTION ION V11; The rate reductions approved by the Public Utility Commission of Texas in Docket No. 18490 shall be applied to the time-of-use rates approved herein, such that Rider RRD shall be applicable to Rate RTU1-M, Rider GSRD shall be applied to all customers taking secondary service under either Rate GTU-M designated as GTU-M-SEC or under Rate GTUC-M designated as OTUC-M-SEC, and Rider RD shall be applied to all other customers on Rate GTU-AI or Rate GTUC-M. SECTION Vlll: In its next general base rate case in which the time-of--use rates herein approved are at issue, TU Electric will either (a) include all customers taking service under Rate GTUC or OTUC-hl during the test year Involved in such base rate case as a separate rate class in its cost allocation study, or (b) include in its cost allocation study the load and revenue data applicable to each GTUC or OTUC-M customer taking service under Rate GTUC or GTUGAI during the test year Involved In such base rate case with the load and revenue data i ' of the rate class applicable to such OTUC or GTUC-M customer Immediately prior to such customer's taking service under Rate GTUC or GTUC-M. In the event, however, that industry t restructuring is mandated by legislative changes prior to the time that TV Electric has another general base rate case and such legislation authorizes the recovery by TU Electric of any stranded costs from its various customer classes in accordance with Its last approved cost of u service study, the customers then receiving service under the time-of-use rates will be included in the customer classes reflected In TU Electric's most recent cost of service study as follows. (A) Customers on rate R1U1-M shall be Included in Rate Class RTU; (B) Customers on Rate OTU-M shall be included in Rate Class HV, OP, or GS, depending upon the voltage level of the service, such that customers on Rate GTU-M receiving service at high voltages shall be included In Rate Class HV, customers receiving service at primary distribution voltages shall be included in Rate Class OP, and customers receiving service at secondary distribution voltages shall be included In Rate Class GS; and (C) Customers on Rate OTUC-M shall be Included In Rate Class NI (Noticed interruptible) depending upon the voltage level of the service, such that customers c n Rate GTUC-M receiving service at high voltages shall be included in Rate Class NI (High Voltage), customers on Rate GTUC-M receiving service at primary distribution voltages shall be Included in Rate NI (Primary), and Customers on Rate OTUC-M receiving service at secondary distribution voltages shall be included in Rate NI (Secondary). SECTION IX: Nothing in this Ordinance contained shall be construed now or hereafter as limiting or modifying in any manner the right and power of the City Council of the City of Denton, Texas, under the taw, to regulate the rates, operations, and services of TU Electric. SECTION X: It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public, and as required by law and that public notice of the time, place, and purpose of said meeting was given as required. PASSED AND APPROVED at a Regular Meeting of the City Council of the City of Denton, Texas, on this the day of May, 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPIOVED AS TO LEGAL FORM: HERDERI L. PROUTY, CITY ATTORNEY BY r i I 4, L S.1 AaideaW service fees Utilities Electric Company Page I of a AppknbW Cilir Ece+eisiAg Ctripillel heiWietioo Shen, 1 Elective Dew P124 1 of 2 Ravwod:Ori inet 3.1.8 Rate RTUI-M -Residential Time-of-Use Service. Municipality Application Appkeeblebtocunomemfaetl*fete Rkceieurvieg"Ued+tempoint afdeL.wyAndmomondtluweh am mm•wed for mideeWl FWP mooted m IbcNd4m a rot r no4 m of ime rut it we" Luidenw to raidmw wade) In ea iadivww pnvm d"Ut x in w eNc previdel A I owofdey comma mew a "M peear b service M nt pmr led Oda " n" Not ypWAIS to t mpomy, ebered, OF rmeb "mice, ` Type of Service rmple m W i OW d do kabAved" l r a des vobyw io dmal.d M or Ceapmye reeie ra ELeade 9m ies. WMm eervia efthe Type dad CWomrmoybongiu~p ew68 or h. a~•ry,+ddaesrel+ryyewepecWeooboeerrnpmmr►nrv.e,beCwymrw Moo thO Rate Ana • 59.00 or Aamod kW $1.97 Psr kW reordin mrts Mob* of IW Cerh mmexam of Im Commas kW F 1.00 pm kW ~r hiaiae M13.43 d per kWh hieidr MC I1 d Pet k Wh i hwm MS.do d Pa kWh 1.09 a pa kWh iwl Com ?W m woorrd lot Nei cod cekvtded is occardame wiA Bidet FC, u iq or holdertiel tmvia pace. Power Coet mw in emmrt foe parchow power ar tekvlded Is eeaedree with Ldw M; oeky that psrdsdiat set'rbe poor, } Peymeeet B" M dm win rmciend cod become pct dw Jrm pud whim if deye ammAm. M Definitions Comm kW d IM miximom kW goaw4 IN The Aamomem far Ektw Hrvice. • 4t.. ~ Aaaued kW k tee ki0ect U-miaob hW nem41 A der paid of delivery dleAap rite 12-mad POW abd erA Or Meet abs0. l t Coneea monk k W b to klood I14&imub kW morded a me paled of delivery Burly 64 tumM mook r tip" Tom tNwm tkewA Campeay gem /eb61m 1I I , • j U I t Teas. t;liMICS Eltelfte Company Pa - I I Ruldemi,l suviee g! 3 of 3 AfpliuWlO::eir EXIFOAng Oesirl Jadadictios SMer d hpyoft Effective Deus Revision: Ori iul Prk inl Peiod's dw miag peiod dMmimd a aeeefdance with fAe rotbwin~ and dw epea iffed lofue N hxal Deo+t. Teer• timr: h iq hfiod d tied hrbd 1 holy Fww 1 MO" hdfV herd I wrtdeye wrWrde wrwya weeWesds WftMye WWwo& Dwambet • Much NIA NIA NIA WA 1 e m NIA AU Oi wt 1100. Iyaoas d; ftlopm Apfil A Octobw • MIA NM NIA NIA NIA WA An Hours NovMW WYASeAMN NIA IVA fpr400 NIA l40 Ifolope M Wow Hoy" has-A4vd lfimppm NIA lOnwho 12pwlDpo [wIlorm Jo4w4w AnOfhwtdo.e Agreement Act A fwaeet lbr Eleark levka ~.ii a wm.reet ter ~Ar e.e yar h n~etet/. tr Cowde Wrde.we etev4e e.0fe tW, etu C1wmu a ineEg04 fee eevfee wee ma rr fw a pefiel af.se yw Rem efrraeeMs 4fm. tt Cuele.ee ee.fiwee aevae tehn Ow tad er dw Mldal afw yw Ib of acme, dw R.et Wal wil k" is d4emolod far the roue) ►y wh M hbq as Raw"" Sevin Rue R eseeeda Aw Waling feeder/ as du fr. tf tuvae a ermww dw to W Cryry'a wiAlfawrg We ft w *A bev. Njneme.t to to final hill dw sae avpb• Notice 1 Service herruodef a euejod m dw Were afrorAmey belies bvfngjurWkdef and m C.ryuye Twig for gaeWie so**, t w ` V I t 6r\ i 01pdf Tares lLlidee tlee4a Cesytey 1ue geheduW I IA t a ftaas LIAlties Electric Company Pale I of 2 1 1 Genera Ssrviu Swat j Applicable: Cities Esardsoy Original lurisdictioe pap 1 or a Efroi Dots _ Rrviaioe: OrVtimf 3.2.25 Rate GTU-M - General Service Tinie-of-Use - j Municipality Application ! Applicable n1 eyCUxomr uir. 0 uadw the al a Aservice Je Nu~ or and poin of delirtry and mined through roe owat. Ead POW of delivery !A metered upan f Oledon is selected. A dmaofday dsaued metar of interval reorder It , required prior to savior Katy provided under din nu. - Nat appauli a tmyonq, lHrd, of rows service. Type of Service single or twos pMa, 60 basis, at Out and availaws Made", priwq, of usnadasiod Village. Whae twice of tM lyps doing by Cuaiomor Is ant already available as LM poicl of "Very. ad"Wea l ctuga W speflal carted mu feeaaml Detweds IM Coequally aid Commr easy be rspttrd One he seevia Day Washed. TM Coenpuy may, a led opdoa, aaetr -olos on lM srecraw" aide of Cuxomr's trwromeare and adjust bit tnoebxtar boar is accordance with Coospedy'a TeelR lbw 6scak Sav Ind. Monthly Rate charge Amato n h~1 TrrWo IGIV44- rt) IGTV-M-PRS) (GTtl46-TRAM) Cuenaw"POWofdelWeq) 11140 US 00 3415.00 FaaltlHai 8lghacf&ACorim%WatA=WILW 11.11 pa kW 12.74 pr kw SS.OIper kw 1 Chega (pr pddt of Eacb arrw anmh kW in. wwe of the Coewcl kW $1.00 pse kW 1 f00 pr kW 11.00 pr kW FACISl Pddng wod 4 11.111 pa kWh 11.016 pr kWh 11.74 4 pit kWh Pricing Period 1 6. i1 a pr kWh 5.911 per kWh 11.3114 pr kWh lasting FeAd 1 1.So 6 per kWh 1.19 s pa kwb 1. SI a per kWh prWnf period 1 1,09 a pr %Wk 1.061 pr kWh 1.04 C pr WILL Fuel Cost: Me a aeaoum tot Poel cod dlalw/ Is secoroena with Rkr Fe, usip the deem lwkaaemdeq actor lint (TU-M- SEC, the General ServkePAmaq fax be TIV•1,11-PRS, red we denim service-Tneaduloa (news foe 01V-114-11w. Power Cox: Phu is amour fr purchssd picas tact n:culetd In emor"W4 with Ride PCR, teelty this Genes! Scala Seeatdify fact for MV-M3 EC, & denim Sw4w primary fans the 0W.M.M1. and Nor Sills Whip Swvka fact br OTt1•1144-11W. hyn art: Hills eta due urban reddassd and Demme pea he if naa paid ONO I I days disturber. DWI an Increased by I IS it nor paid rnhid 20 days all* Doty tendered, AUregale Biding Option An s airy with nunlapit pow of delivery radying sarvloe odor Rau OTU-M may sea to raWvs as iWilsis sutttmery bill. Aggnlas billing Is available to udides &I man in of LM flkwing rhaa: a) atl po ou of delivery an billed as the anew relia t evel awls, y, b) all palms otde0eoty an a its saw billing cycle, red C) all points of deltvey ore ads N same ornenhlp, A ow-tier charge of 11S pr point of delivery Is made wwe Cbxod et Mena sha Apngau hiWng apdod. Definitions Contnot kW it N duslmum kW VWSW In Ltd Afraoadel 1br EWMC Senior. 0 1949 Tends Vlach EuMe Compaq 8 Rua ScDttWaa 11.11 0 ' 1 Texas Ctililief Electric Company Page t of 3 1.2 General Service Shea 22 AppOoblei Clsa Exudeiy Gd+irut 2uridktioo rye 1 of 2 EffvWve Detc Rrvw0c Otteloot ~t. Anoud ►W Is tb h4hi d Mmitaru ►W me dad n the poid of ddiwey dutiy the 12.smd period eedw t.M the tuend momh.. Cumd month tW is tb+ hybed 134alow bW ism d d tb prim of delivery 10.08 the wrtod e40L Pdclq Podod k tb baft polo/ dewtmled is eoomdeeae WA the boprnp red the Ipribed bare en bad Nook Tom, inn: Maui Pddr4IMt d Pdy trlae J Ptid' P-w 2 PddnpPuSadt Weebdeyl Weeberde WedJeye Wee►eede Weebdeye Weetrrle Denmbr • Metxb NIA NIA WA N/A d t m NIA AN other ltrue Iteaes 6ptev111pr•e ~ ApW A Odober • NIA WA WA NIA WA WA AP Road November May A Sep oenb r NIA WA 20ee41011 WA loulk.2" lp.ldpd Ao tAber Ram Baca • Aepsd 2prtr4m WA 10102pa Ira-lopm kAwl0es 10e~ Ao Oar rice In tlpeesdpm t ~ ldpm~ r , Special Coottitlow (A) While adamet bee esabr eoWee efpoar dr ie oeeeeded. rtlr eiedt4eeoy oe teerleeloeby, b egeiperd abet mist be openwd eoeatmady ~Nb eeevlas ptovlNd by Compny CWMW WA MA and Mow" d cudom el expesr. e ch devkoo u my be womary w proud Cumm es W the Compey'e oodpmm and wvlee. Ib) Cadomen aW dlewwaw wvke usdet Rm OTil•M red cbeepe wvke ic m abrwie+ Ippoabb Compay me duo eo Ace ord yer withm pwby. Agreement As Aprmmud hs bwUk Sovke wbb s wto of ml leel tba thee jean is tquteol. The medmum Asd laei tad wedOW Id Ys As met d Re Lockic SrvW my and be bee tba this w of Cl www'e amid bed pbr the bed Ibd my be mid a at put of rid teas by CiAmvw, I tesenwt of pdime mevr ON odw taus of sow. e Notice service trtvuMd Is mb* Be tot of t rAmoey bWW hvW )M Wm red to the Co"my'e TWff be 0edrk Sawa. r ~r a + 1M Tam UAW Weak Compey 9 Rile lohMWad ICU i f i., It As LLi ernes h,lmiric lompati At l u( 3 1 t Gene fd San.ce Sweet 26 Appliubiw Qua Exefcuing Onpml lYnsd,C.iae Ps Is I of 7 ERe sI Doti Rn,aion. Onl,ful 3,2.26 Rate GTUC-1-t - General Service Time-of-Use Voluntary Curtailable - Municiprsity Appkatlon Appliabre to any customer Gn all eleaeic tetvloe wpptW at ors point al'i4vuy and measured thmIt one meet. Each pain of delivery is metered and billed iepantely, uNan the Apgtpeu DoMml Option is sdeard. An interval demand wordy is required prior to tenica being provided under this rata The ipptiulauly 01tlds nu is limited, an a Entsamo-Ms nerved basis, to e mvimum total wmnatd load horn ail Customtn of I.Wo MW (i. e.. A Lout of all Cussomlts' Contact kW) lost ft Company's wormer peal aeon of 1999 and 2.000. MW lor the Company's Foals wwn of 2000 and them Mr. Not app0able to temporary, snared, or resale stevia. 4 Type of Service Single or threw phaed, 60 hero, IN met avtatle oecatdry, printing, of trarwar adore voltega When w via of tls type d,y ed by Cusomss Is not shady ivaiM ble at the point of delivery, additional chalied and sperid arena sergn6amru between the company aria Customer my be requ'ved prior to wilco being Nntabed. Mw Company may, a lea option, mean herv(t', on the socandary s de of Cuaaow's tranalormers and adjust for uamformr Instead eat accordance with Co"al'i Tadff for Elowwe Service. Mootwy Rate E Classy Amended Sed6sd" Monday Tr mLbdoe (67 MM-20 (OTUC N-PRD (MC,N-tRANI Cuetomu(pu pole ofdeGv try) 1211.00 122,00 Satl O) Fadlltite fFipMr of Ne Cotsnd kW or A.;ttal kW S).e1 pr kW 12,71 per 1W 11.01 pu kW Charge filer point of delivery) FJN c%rmn moth kW in eacoaa of tine Cootrea kW Il00 per kW (1.00 per kW S 1.00 pea kW Pnew Prkinl Period d 7.21 t pea kWh 7.16 a per kWh 1.02 9 p" Ilya Paving Perin,! 3 ! , a pr tWh 1.20 6 pet kWh 123 t pr twh Pnamit Ptdod 1 I Al c pet kWh 1,16 t pet kWh 1.1114 Pr kWh Prating PMOd I 0.604 per tAT 0.111 t pet tWt O.S7 d Pr kWh Puel Coal: Plus an amcan fr Net cot olmlatod In aceordaaa with Rldu FC, using tM General Serv{a-Secondary factm fm GrJC-M• SEC, tree General Smoke-Nnur7, .0 hn GNC-M-M oil the Cenral S.rvke-Tmnagiedm tiaor fa MC-M•771AN. Power Cos, Phu so amount for pumbard powercoat almlaW in eocordana web %dr PM ealnd Ne General lervke Secondary heLor fa tTiVC•M•SEC, tM General Service Pnaury has %r (nUC•M-PRI, and Iha Nigk Voluga Service hens fr GTUC-M-TkAN. Payment: hill w he when rendered and become pest sae dram paid within 11 days+MnaAr, 110b an Inwmd by S % if ant paid within 20 days Anse being tad" curtaitment Provislot2s Cuaw,ndea bad wile be ub)ea w no mom than 700 houn of tuAaNMn during tM 12 mocha ending with IN eumert month sM ro mot tuo l2 hours la say 1e bone pMOa, except who. the Company had made pubut plea to restrict daeWe eneily usage to edaentlLI bones beaued of an tree all uauwde ahonage of dacha power adror thew, than the 12 tear limit m brya Applied. Cuasmr w10 have I S , minute is rMca td volriurdy curud an of ft used at the paid of ddivery a, if :lswmr clasow8O b CbfWl an 0(&M lad At der pat of delivory, a0 kWh used daring this evtsilmead prkal wig bob" at ad energy Burge ✓ 702 pr kWh, rasher wn at me artegy cMrge e s • r', span Aed above, providd thal, iq der oven the Gltgogtef dstiL r! f a amt of the Intel h»d d e poled of dHlvery ins inchrded u the ( ~ ~ Arytg,ar difhng Dyson, or fS f r mot of the tout 1oW at aI pilau of aeUvery to the Lltdnmet aggregetd erratic the Agptgara ltm'np opnes, 0MIli eat the eursailgwn period, the eboryy charge foe to kWh nand dudng the aAsitmeal pit" d well Pointe) of ddwrl win ' i s Dined a as energy chase of SOe pea tWt. ToW bad (tithes N t aingre poin of delivery a Atl sf Cudomer'e poiw the Odivery undo Ned AggtgaM 8i0orl Option) is defend Athe Cvtweeefs IS-mimic deatand nturded Itndttdistdy Pilot td Cudomu'e naipe of rM notice flem Company of the wnatlmen period. e 1199 Test UU116" EkcWt Company 10 Rau Icbedula 1126 1J c, c, its U "tin t.tactnc larnp.uti hit 2 of f 3 2 Genml Sarviu SAaa :6 ApptiuDk Goer Eaerdaing OrilinaUunWiaiuh Peke 2 of 3 Effective Date, Rnlrion, Ong ml CuNllmema WW D=f dDhAd the lb0a*iq Conditions! (a) when Ihe Company Is m iced by the E)ecWe Reu,kicq Council of taus (ERCOT) Opmung Gu)dn at cm ERCOT LWepatdW System Opines a29D) a Imam vat imaru publtbuds. The cuNilmest Peeled it W asst period during wAk► I, ERCOT Operating Guides at the ERCOT ISO requires W Company a imertupt lmanupuble Wads, kegladnd IS miaow ;+u Customer u ragnetad a curtail lad, or (b) when W Compmy'a systm load is at at above 9311 of the Ail lea of (1) the estimated system trawl peak load for W currant calertdar year of (2) the aortal gMem peak load for W current u7esdar lat. to the n der thst the actual stem peak lad is im Wlendar year alcatada that yrerdoaaly enimsted iyetm animal peak load for flW ulmdar year. "scdW sysi m peak load shah become thl sea estimated astm annual Peak load beginning as W Wavriag day. The cunailmmere period Is the min period during whkb the Company's system load is aI of above 9S{ of the m6matd gKam Lamal peak load fa the cuirrw yet. beginning 3 f minutes lathes custor t is requwd to "Nil M. Aggregate Baling Option An eraiq wish multiple points of delivery recdving wvko wader Rate GTUC M may elect a nceivat as swelled summary bill. Allregaw billing is available b auities thal mere all of the Ibllowial mewls: 1) an points of delivery an killed on eke time wedge Ievd service, b) all pWdo of delivery w caw W mind IlMnd gc1d. Id e) ate pouma bf deureq see ttetda W ante ownerdup, A onuim charge of 12S per paid of ddivary Is media wW Cusaoma salacu ibt All'gsis liMw optim Definitions Contract kW Is the ma timum k'df spa9ded W W Adraa sea rot Elaldc Soria. Annual kW G Utd Nghad 12•miouta ►W ad a W pre of delivery "the I I-momb petbd nodal whk W currem month, i Current mora kW Is tfw bights I S-mimne ►W recorded as ft paid of delivery dwty the cumin momb. Nally System Load is TU Elauri ale sywm demand taaArding me-firm aeome ay amry Wes. Pricing Period a the billing period daenniad in accordance wick W folowind god na specified hours an local Dates, Ttas, Uw. Prided Parid 9 Pricing raw S Prklrtd h" 2 1 Monek Pndy Period i Weekdays Wakade Weekdays Weaken" we"11 Wnkeds r December • Mamh NIA NIA N)A NIA d a m WA All Aber Noun 12m" 6paelOPm April • Oaobes • NIA NIA NIA NIA NIA NIA Act Ban No%omba May ASeptember WA NIA 2pmlpm NIA 10tolpm tpwIDpm AII OUa Noun June • Au I" 7pmapm NIA Illara•2pm 2p s.10pm laa-Aa 10aaa2pm Al 0" Noun Ipealopm IOP*12 lopei niddgkt otidddV j Special Conditions a) When nausea hu &wdw aura of power M U annatad, c4Wt 610eLW0y Of ambU iU111, b MWFCW that say be opmud f coecnrresuy wick service p i by Company, Cuwmu baud lnWp Id MAIMIS, a CaWmtte apand, act devices is may N u neoeaesry a praised Cuammata end W Compawy's aquipmatl and awkd, ~ i . 1. b) Customer must pry an tbN esesdated *a irwII4 and rndaelmmg any special nboAq squipmem ad Wepboes dutln, if required. c) An Agreed" The (NdAe Setvlot is required for In Initial lets of dues yore whew lovVee lab,% e+a" underwa rlla er 1 hr subuqual Wads of 3 yarn &mW, conlmWry until angled by OM W4 by wnwm hobs I year IS Mvaaa of W td Ofd* imud period of ally lUbesgam period, CYIWMM M discontinue cunailrllt atavkd under Rua amc-M #dew the Wm of ties i 0 1999 7w$ Utdiues 91"?k company Rau teNN1N 2911 11 c 'I i Tests i,'eilkies Eleatic Company Page 3 of 3 I t Geceni Service svxt 30 ApplkAbk: CWM Ecor"ng OnpiW hnadigWe Pbpe S of 7 . Effaiva Oac Revuka: OntuW j Agneoertt Ox VIC* S.eviw ebtl b ttrtpd IM dl wu= bewail Abu Wikyt ends Rat MW-M eed rhr thde b ubye maid hove bee Nett b epptk•bia Eeet eavka ON (ekba RW KV, Rat Cf. or Rxe GS, 6W AM npa M rohW kvd of Or curama'e wVin) dx dr Wtw Wet ft cMwS r feceived tavia Nnda Rer GWc-M. M to aotd thm yere, tat "to ceceed two IM bt wbeNgeW woee, pku ktrea tlaeoe It the we a poubk b uAwthttpa eaWeb/ pun" to M cNwaftoo't Sebeuoehe Rok 27.SW d) )f k Is dewmkM r bey toes br Cotapter the M Curter ba hued b oprw rd mdwin aeraudadotu egdpnrs in m k a mtnett to Me Mee "a be owgU a with M pow of No rep, Acs the Cumoot rut be 4eowwoly bleed ea M row tcbedule for ram paw k M pedw deer Mg w Aril oowweotd urea tW nk a lbr tw ar r•r p 3 F'.a a aeb ttrmint w rhicheva psbd k kee. the mMbtateo W"M 24 baud blue rata/ red the cooed a rdadaW ehetl be tdju W i ach aaath b Neva M Campur't aeotd eeat of aplW~tedbd maetNr hte rtdt etooh b dbtt, u dewdod le M [amgny't star rot tw ere y M Alik Uatlty C of r.NU. sat wftwe ditraeep eb3 tmodWalr Deaere dtie by Cuoant b compeer. Agrftmtit AA Apt Mnteet Ibr Ekwk SEVW rkb a teem of M lace this that yew Is teWW. The aydoeeoe WWA W bbd epteidd le the y +arr fa deaeic Seevia r~ eM k for for M ar of Mmooeer'a aoemd tad rho M Ind OW met to *WW tE or put N M tar br CStromr't 1•••eet•• a peter cart a oehr cart of eeerpr. Nona service betweda is uyea to w oeden of apdtber Wise bvkd)w,adk"o red to dr Caeptq'e TadC R t PJeeVie Sew{a 1 f ti s OrN n • Igor 7uea Midi tkMa Cooepay 1 Rat fehtdala 1/.1t t c f I i j i I i t I JtpAWAIII Mad ~ 4 AGENDA INFORMATION SHEET AGENDA DATE: May 11, 1999 DEPARTMENT: Electric Utility ACM: Howard Martin, 349-8232 SUBJECT: CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P,C., AUSTIN, TEXAS, PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS ("PUC') 1N THE AREAS OF PUBLIC UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING ANY PERTINENT RULEMAKING PROCEEDING OR PROJECT, AND LEGAL ADVICE CONCERNING COMPLIANCE WITH PUC PULES RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: Since 1996, DME his maintained a contract with the Lloyd, Gosselink firm for specialized regulatory related legal services. This fine has represented DME in transmission rate proceedings before the PUC and assisted in the preparation and filing of comments on numerous PUC dockets which impact DME. On most of the PUC docket issues, the interests of Garland and Denton have been similar, which allowed for the sharing of the cost ofthese activities. The firm's Austin locaticn, close to the PVC offices has further served to reduce costs. fk The filing of transmission rates with the PUC is now an annual process. In addition, all versions of the Texas deregulation bill assign a significant level. of rulemaking authority to the PUC, This will result In a large number of PUC rulemaking proceedings following the close of the Legislatur: if a bill is passed. It may also be necessary to challenge the PUC's switchover rules in multiply certified areas if it is not overturned by legislation. Many of these Issues arise quickly and speci0ed riling dates, which do not consider the time necessary for DME to obtain contract approval through the PUB and Council, art: very short. The availability of a firm with ay in depth knowledge of PUC rules and procedure to resptnd quickly to the need for DME to A defend itscif is critical. ( r- ~ t 1 1 OPTIONSo 1, Continue to retain the Lloyd, Gosselink firm. 2. Attempt to do the work with City legal staff. R .OMMF.NQATIONSO Staff recommends continuing the use of the Lloyd, Gosselink firm. The City legal staff does not have the time or the expertise to respond In a timely and effective fashion In this specialized area. l The Texas Utilities Code is complex. An attorney not familiar with it would require a significantly longer period of research to respond to an issue and risks overlooking important issues. In addition, the Lloyd Gosselink firm's regular interface with and proximity to the PUC staff makes them more effective advocates and reduces travel time and costa. The regular workload of the City Attorney's staff would not allow the dropping of other issues to respond to a mandatory PUC schedule without having a negative effect on other City departments. PRIOR ACTIONIREVIEW [Gonncll_ Noardi. Co_r~tutnnl: The Public Utility Hoard recommended approval at its meeting on April S, 1994 with a vote of 4 •0 FISCAL INFORMATION: $30,000 Respectfully submitted: Sharon Mays Director, Electric Utility 6 G 2 C ' ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES W1TH THE LAW FIRM OF LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & ' TOWNSEND, P.C. PERTAINING TO REPRESENTATION OF THE CITY BEFORE THE PUBLIC UTILITIES COMMISSION OF TEXAS C'PUC') IN THE AREAS OF PUB lr UTILITY REGULATORY LAW AND ADMINISTRATIVE LAW, RESPECTING A?i: PERTINENT RULEMAKING PROCEEDINO OR PROJECT, AND LEGAL ADVICE CONCERNING COMPLIANCE WITH PUC RULES RESPECTING THE ACTIVITIES OF DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDINO FOR RETROA,, LIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary and In the public interest to engage the law firm of Lloyd, Ousselink, BIevins, Rochelle, Baldwin & Townsend, P,C„ of Austin, Texas, (the "Firm') to provide professional legal services to the City pertaining to representation of the City and Denton Municipal Electric ("DME') before the Public Utilities Commission of Texas ("PUC') in the areas of public utility regulatory law and administrative law, respecting any pertinent rulemaking proceeding or project, and legal advice concerning compliance with PUC rules respecting the activities of DME; and WHEREAS. the City has heretofore engaged the Firm by Agreement approved and dated September 23, 1997 to perform similar professional legal services to those provided for In the Agreement for Professional Legal Services attached hereto The Firm has contiiuously performed legal services under the previous Agreement and in February 1999, the funds provided for In the earlier Agreement were exhausted. Nonetheless, the City requested that the Firm provide continuous representation to the Ci.y and DME on important PUC issues until such time as a new Agreement for Professional Legal Services could be rrached, providing additional compensation for the Firm, and such Agreement could be duly approved by the City Council. Accordingly, it is appropriate that the attached Agreement for Professional Legal Services With the Finn should be ratified and confirmed, and should be retroactively approved and made effective as of February 1,1999 in order to properly compensate the Firm for its work performed heretofore at the specific instance and request of the City, which work has directly benefited the City; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the foregoing professional services, as set forth In the attached Agreement for Professional Legal Services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: s f J'- That the City Manager Is hereby authorized to execute an Agreement for Professional Legal Services with the law firm of Lloyd, Goiselink, Blevins, Rochelle, Baldwin, & Townsend, a Texas Professional Corporation, Austin, Texas for professional legal services 3 ~I pertaining to the here inabov e-described matters involving the City of Denton and DME, in substantially the form of the Agreement for Professional Legal Services attached hereto and incorporated herewith by reference. SECTION lip That the award of this Agreement is on the basis of the demonstrated competence and qualifications of the Firm, and the ability of the Firm to perform the professional legal services needed by the City for a fair and reasonable price. SECTION III: Thal the expenditure of funds as provided for In the attached Agreement for Professional Legal Services is hereby authorized. SECTION Iy, That the Agreement for Profemlonal Legal Services is hereby ratified, confirmed, and retroactively approved, and shall be effective from and after Febmuy 1, 1999. SECTION V: That this ordinance shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the day of 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: IiERBERT L. PR/OUTY, CITY ATTORNEY nr:/~~``~ r~ a S 1ch,r DvcumenU0diMAnCW lw i- ,sank PUCr N DME PSA da 4 t, . h E t AGREEMENTFOR I PROFESSIONAL LEC SERVICES STATE OF TEXAS COUNTYOFDENT014 § THIS AGREEMENT, made and entered Into this _day of 11999. by and between LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C., a Texas Professional Corporation (hereinafter referred to as "CONSULTANT" y, with Lambeth Townsend, Shareholder, having full authority to execute this Agreement on behalf of the firm, l l l Congress Avenue, Suite 1800, Austin, Texas 78701; and the CITY OF DENTON, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 73201 (hereinafter referr ed to as "CITY"), with Michael W. lez, City Manager, having full authority to execute this Agreement on behalfof the City WITNESSETH WHEREAS, the City deems it necessary and In the public Interest io engage legal counsel to provide professioaal legal services with respect to the City's compliance with the Public Utility Comm ission ("PUC) electric transmission service rules as well as any rulemaking proceeding or any project relating to electric transmission service, or otherwise affecting the City; and WHEREAS, the Consultant is willing to perfc rim such services in a professional manner as an independent contractor; and, WHEREAS, the City desires to engage the Consultant to render the professional services in connection therewith, and the ConsuItanl is willing to provide such services: NOW, THEREFORE, In consideration of the promises and mutual obligations herein, the City and Consultant do hereby mutually AGREE as follows, to wit: 1. Scone of Services; The Consultant shalt perform the following services in a professional manner working as an Independent contractor not under the direct surervision and control of the City: A. Services to be provided: 1. Consultant shall represent the City before the PUC concerning the City's compliance with the PVC's Transmission Service Rules and concerning any rulemaking proceeding or project relating to transmission service, or otherwise affecting the City, Including, withou, limitation, the professional legal services with regard to submitiing pleadings i id comments and attending all uncontested hearings and other proceedings in relation to these matters, and to consult with the City through Its Denton Municipal Ele.tdc DME'7 staff with regard to all filings, uncontested hearings, and other issues related to this project. Provided, however, if the City elects to participate in a contested can proceeding at the PVC relating to transmission service or any other matter, the parties agree that it will be necessary to enter into a separate professional services agreement, to provide for 5 i'. i i i i such additional legal services. 2. To consult with the City Manager, Assistant City Manager for Utilities, the Director of Electric Utilities, the City Attorney, the Assistant City Attorney for Utilities, and other designated administrative personnel or staff regarding any and all aspects of the professional services to be performed, including legal research, analysis, and advice with respect to such matters, This will include coordinating activities with the Director of Electric Utilities, the City Attorney and their respective staff to efficiently perform the services required and to preserve the Attorney/Client privilege, work product, and all other applicable exceptions to the j discovery or disclosure of documents produced by the City and the Consultant under the Scope of Services hereinabove. B. The Consultant shall perform all the services required by this Agreement In a timely fashion, and shall complete same in compliance with schedules established by the City through its Director of Electric Utilities as appropriate to carry out the terms and conditions of this Agreement. If, Term; This Agreement shall be effective as of February 1, 1999; and shall terminate either upon the completion of the professional services provided for herein; or on March 31, 2000; or upon the exhaustion of all professional fees provided for hereunder, whichever event shall first occur, This Agreement may be sooner terminated in accordance with the provisions hereof, Time is of the essence of this Agreement. Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by the City, through its Director of Electric Utilities, or her designee. 111. Compensation and Method ofPavmentr A. The Consultant shall charge the following fees for its professional services provided to the City hereunder, based upon the following hourly billing rates for the attorneys and support staffinvolvedin this matter: 119 Hourly Bats Lambeth Townsend, Shareholder $190.00 Georgia Crump, Shareholder $180.00 ~ Richard ilamela, Associate $170.00 Paralegal $75.00 Law Clerk S7$.00 Consultant agrees that all charges for the legal services hereunder, including expenses as set forth in Section III. C, below, shall not exceed S 50,000.00, r 0. The Consultan shall er deavor to have the attorneys and employees listed in Sectim III.A, above, reasonably attempt to reduce tests by utilizing other qualified sharenolders, associates, and paralegals wherever t4tible or possible, The Consultant shall bill the City through the submission of Itemized Invoices, statements, and other documeatatlon, together with support data indicating the progress of the work and the services performed on the bests of monthly statements, showing hourly rates Indicating who performed the work, what type ` 6 III t I III . II ~Illi I I I IIII of work was done, and descriptions and/or details of all sen3ces rendered, Including a daily, and an entry-bytsary reflection of billable time spent on this engagement, along with specific description and supporting documentation, if available, respecting any reasonable and necessary out-of-pocket expenses incurred by Consultant In performing the professional services provided for under this Agreement. Professional fees shall be billed In minimum one-tenth(1110) hour increments. C. Additionally, the City shall either pay directly or reimburse the ConsuItant,as the case rr.,;y be, for reasonable and necessary actual out-of-pocket expenses, Including but not limited to, tong-distance telephone, telecopier, reproduction, postage, overnight courier, and transportation and travel. All copies will be charged at the rate of fifteen cents ($.IS) per copy for copies made within Consultant's offices, with as much photocopying as possible being done by outside vendors at bulk rates or by the City to reduce costs if bulk copying Is necessary or appropriate. The parties agree that the charges for outgoing iclecopies from Consultant shall be $.25 per page and that there will be no charge by Con^,ultant for Incoming telecopies. D. The parties anticipate that invoices or statements for professional services will be generated on a monthly basis and that said invoices or statementswill be sent to the City by Consultant on or about the 15th day of each month. The City shall make payment to the Consultant within thirty (30) days after receipt of an appropriate itemizer"nvoice or statement. To the extent that any fees or expenses are disputed by the City, the City shall notify Consultant within thirty (30) days after its receipt of the Invoice or statement, and shall otherwise pay !11 undisputed amounts set forth in the invoice or statement within thirty (?0) days after its receipt of the Invoice or statement. All reimbursable expenses, including, but not necessarily limited to travel, lodging, and meals, shall be paid at the actual cost, pursuant to the terms, conditions, and limitations set forth herein. All invoices or statements shall be approved by the Assistant City Manager for Util ities, or his designee, and by the City Attorney. E. It is understood and agreed that the Consultant shall work under the coordination and general supervision of the Director of Electric 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, statements, and payments sent by mail shall be addressed res;;ectively, to: Herbert L, Prouty, City Attorney, 215 East McKinney, Denton, Texas 76201 as to the City; and to Lambeth Townsend, Lloyd/dosselirtk, I I I Congress Avenue, Suite 1800, Austin, 'Texas 78701, as to the Consultant. When so addressed, the notice, invoice, statement and/or payment shall be deemed given upon deposit of same In the United States Mail, postage prepaid. In all other instances, notices, invoices, statements, andW payments shall be deemed given at the time of actual delivery. Chances may be made in the names and addresses of the responsible person or office to which notices, invoices, statements and/or payments are to be sent, provided reasonable notice is given. i1'. 9~g,(esston:lCom etn crews A. Ctnsultant agrees that in the performance of these professional services, Consultant shall be 1 t' 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 persons who will be performing most of th-s work hereunder shall be Lambeth Tu vnsend and Georgia Crump, Shareholders. r r, . III i III I I i I I However, nothing herein shall limit Consultant from using other qualified and competent members of the firm to perform the services required herein if such delegation is reasonably E appropriate and properly protects the City's interests. B. Any agreements, ordinances, notices, instruments, memoranda, reports, letters, and other legal documenu 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 Agreeremnt 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 delivered to and become the property of the City upon request and without restriction oil their use or further compensation to the Consultant. V. Establishment and Maintenance of Records: 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. AuOlts and In1pegtIQg1 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 City to audit, examine, and make excepts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement. VII, Bcc9mplishmentofProlectt The Consultant shall commence, carry on, and complete this professional engagement 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 Consultant shall take such steps as are appropriate to Insure that the work Involved is properly coordinated with any related work being carried on by the City. VIII. jpdemnity and IndenendlntContractorRel tionahill A. 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 rela• tionship 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 arise from any negligence and/or errors or omissions on the pail 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 Consultant isjoined 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 too City and all of its ofitcers, agents, servants, and employes against any and all such claims to the extent of coierage by Consultant's professi final liability policy. The Consultant agrees to pay all expanses, Including but not limited to attorney's fees, and satisfy all judgments which may be incurred or rendered against the :onsultancsprofessional liability insurance policy. Nothlnl{ herein cor+stitutes 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 rightsand remedies are expressly reserved, 8 r I Ili 1 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, listed by Best Rated Carriers, with a rating of "A•" or above, issued by an insurance carrier approved to do business in Texas by the State Insurance Commission. Such coverage shall cover any claim hereunder occasioned by the Consultant's negligent professiot:.J act and/or error, act, or { omission, in an amount not less than $1,000,000 combined single limit coverage per occurrence. In the event of change or cancellation of the policy by the insurer, the Consultant hereby covenants to immediately notify the City in writing thereof; and in such event, the Consultant shall, prior to the effective date of change or cancellation, serve a substitute policy furnishing the same or higher amount of coverage. The Consultant shall provide a copy of the declarations page of such policy to the City through its Director of Electric of Utilities simultaneously with the executienof this Agreement. i IX. TerminatlonofAg ere meat: 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 suspen, further work hereunder or terminate this Agreement at any time upon written notice to Consultant, Consultant shall cease all work and labor being performed under tht.s Agreement. Consultant may terminate this Agreement by giving the City fifteen (IS) 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. B. This Agreement may be terminated in whole or in pan, in writing, by either party In the event of substantial failure by the other party to fulftii its obi igations under this Agreement through no fault of the terminating party. provided, however, that no such termination may be affected, unless the other party Is given ( 1) written notice (d-livered by certified mail, return receipt request) of intent to terminate, and not less than thirty (30) calendar days to cure the failure; and, [2j 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. AlternateDisQule Resolution: The Consultant agrees that, if necessary, it will use its best efforts to resolve any disputes regarding the Agreement through the use of mediation or other forms of alternate dispute resolution set forth In Chapter 154 of the Texas Civil practices and Remedies Code (V.A.T,C.S,). A Entire Agreement: Vils Agreemet t represents the entire agreement and understanding between the parties and any negotiations, proposals, or oral agreements are intended v to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement, in order to be effective, shall be in writing and signed by the City and the Consultant. B XII. Comollance with Laws: 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 hereafter be amended, Including but not limited to the Texas Disciplinary Rules of Professional Conduct. XIII. Governing Law: For the purpose of determining place of agreement and law goveming same, this Agreement Is en'ered Into In the City and County of Denton, State of Texas, and shall be constmied in accordance with, and 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 lie exclusively in a court of competentjurisdiction sitting in Denton County, Texas. XIV. Discrimination 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. XV. Personnel: A. Consultant represents that it has or will secure at its own expense all personnel required to perform the services required under this Agreement. Such personnel shall not be employees not have a..; 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 performnd by the Consultant or under its direct supervision. All personnel engaged in work shall be qualified and shall be licensed, authorized, or permitted under state and local laws to perform such services. XVI. An1jaabilitvf The Consultant shall not assign any interest In Ws Agreement and shall not transfer any Interest in this Agreement (wheth.:r by assignment, novation, or otherwise) without the prior written consent of the City thereto. ' XVII. Severabllity: All agreements end covenants contained herein are severable, and in the event any of them, with the exception of :hose 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 court of competent;urisdiction, this Agreement shall be interpreted as though such invalid agreements or covenants wean not contained herein. XVIII. Responsibilltiafor Glalmsnd Liabillhj Approval by the City shall not constitute nor be deemed a release of the responsibility &r id liability of the Consultant for the accuracy and competency of its work; nor shall such approv%l be deemed to be an assumption of such responsibility of the City for any defect in any report o. other documents prepared by the Consultant, its shareholders, rssociates, emp oyees, or7icers, or agents in connection with this engagement. XIX. Modification of Aereements No wdver 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, No evidence of any waiver or modification shall be offered or received in evidence In any proceeding arising between the partlei N-reto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or 10 c u modification is In writing, duly executed as aforesaid. The parties further agree that ti:e provisions of this article will not be waived as herein set forth, 1t XX. ins; 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. XXI. Bind Ina Effect: This Agreement shall be binding upon and Inure to the benefit of the parties hereto and their respective heirs, executor, administrators, legal rep,tsentatives, successor, and assigns, where permitted by this Agreemerd. IN WITNESS HEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts by and through its duty-authorized City Manager; and Consultant has executed this Agreement by and through its duly-authorized undersigned Shareholder; dated this the day of .1999. CITY OF DENTON, TEXAS A Texas Munic [pal Corporation By, Michael W, Jez, City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVEDAS 70 LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By:'' LLOYD, OOSSELINK, ROC HELLE, BLEVINS ROC HELLE, BALDWIN dt TOWNS END. P.C. A Texas Professional Corporation By: Lambeth Townsend, Shareholder ATTEST: ~Ir~ rr BY. f i l:l0ur tkcumauiConvr4l94r.loyd7uW 11nY PS,~ 99PUC DMB,dM t . f No.. !'~y L'N1 ~ AGENDA INFORMATION SHEET AGENDA DATE: May 11, 1999 DEPARTMENT. Utility Administration ACM: Howard Martin, 349.8232 + SUBJECTt AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CAMP DRESSER & NICKEE, INC., DALLAS, TEXAS, FOR ENGINEERING SERVICES PERTAIN;:;a TO THE DESIGN AND CONSTRUCTION OF EXPANSION AND IhIPR01'EMENTS TO EXISTING FACILITIES AT THE PECAN CREEK WATER RECLAMATION PLANT IN THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: The Pecan Creek Water Reclamation Plant (WRP) is regulated by the Texas Natural Resoutce Conservation Commission (TNRCC). The plant Is currently permitted to discharge IS million gallons per day (mgd) average flow that is based on a running 3-month average. In any 3-month period, if the average flow reaches 7S petcent of plant capacity (I 1.2$mgd), it is required that design of the plant expansion should be undertaken. Also, if the 3-month average plant now reaches 90 percent of the permitted capacity (13.5 mgd) then construction should be undertaken. +I Based on 3-month average, on several occasions, the average flow has exceeded 75 percent as wetl as 90 percent capacity of the permitted flow. Plant design would have been underway i except TNRCC has concerns about the impacts of an expanded WRP on Pecan Creek. Results from the TNRCC 's Water Quality Model QUAL • TEX show that Pecan Creek may not be capable of handling the existing permitted waste load from Pecan Creek WRP, However, water quality sampling performed by University of North Texas (UNT) does not support the QUAL• TEX model results and TNRCC is aware of the field sampling results. The City of Denton is conducting a study with UNT to develop a model specific to the site conditions of Pecan Creek. Actual field sampling was conducted over a 3-year period to develop the model, The new model results indicate that the plant can be expanded without exceeding the assimilative capability of Pecan C'rcck, The City of Denton has implemented impact fees for WmItrlWestewater treatment facilities effective September, 1998. To frtplement impact fees, state law requires that the City prepare a s J - 10•ycar capital Improvements plun that establishes the need for waterlwaslewater treatment capabilities. Based on population projections prepared for the Implementation of impact fees, it was determined that a G-mgd expansion of the plant is needed to meet waslewaltc treatment 1 t u needs for the 10-year time period. The cost estimate was prepared by Alan Plummer & Associates (APAI) as pan of the impact fee study for the expansion of WRP to 21 MGD. Capital cost of $I$ million for a 6-MGD expansion was estimated. This 15 million-dollar estimate was used to determine 1tie impacr fees necessary to fund the capital costs "or the WRP expansion. The Water Department before proceeding on the expansion of the Pecan Creek WRP wanted to evaluate the feasibility of a new plant in the Hickory Creek Basin, as substantial population increase is projected in this basin. This study was prepared by APAI and presented to the City Council on December 15, 1998. A copy of the Executive Summary Is attached as Exhibit 1L The cost of a new plant in the Hickory Creek Basin was compared to expanding the Pecan Creek 'CA'RP to 21 mgd. The report indicated that it was more cost effective to expand the existing Pecan Creek WRP to 21 mgd at this time. The consultant also identified needed improvements to existing facilities. The cost projection for the improvements was estimated at S2 million. Development in the city is accelerating. The new population projections show a much higher growth rate than the city has ex;-Menced in the 1980'x, Funds have been Identified in the impact fees for expansion of the WR':, Also, flows are exceeding the TNRCC criteria, Therefore, to meet TNRCC criteria for expansion, the Water Department staff solicited qualifications from 6 consultants on February 16, 1999. Five proposals were received as two films out of the six chose to do a joint proposal. The SCIpCtlon Committee sho,t-listed 3 firms for formal presentations addressing specific questions prepared by the Selection Committee. These 3 firms in alphab%tical order were, Alan Plummer & Associates, Camp Dresser & McKee (CUM), and Ch2M-hill. The selection committee ranked CDM as the No. I firm and entered into negotiations with CDM. It was agreed ttat the project would be split in three phases as shown below. • Phase I - Preliminary Design Report e Phase 11- Final Design and Specifications , • Phase ill - Construction Management services Scope of services and a cost proposal were developed for the Phase 1 - Preliminary Design Report, A copy of scope of work and cost proposal are Included in Exhibit III, With the current and projected growth rates that the city is experiencing, it is critical that the preliminary design activities begin. 'ro prepare the Preliminary Design Report, the Consultant will accomplish the following tasks: a. Perform streq cst of the treatment process units and develop a computer model. b. Evaluate scve„ 1 itralegies with different treatment effluent criteria, which could be adopted by r NRCC for the Pecan Creek WRP permit. C. Based on the results of ltcm b, assist the City to negotiate with TNRCC to obtain the most favorable permit for the City. A ' d Based on permit criteria obtained, develop aitemates for the plant expansion and s 1 L• optimize the use of the existing facilities. e, Recommend an alternate, and prepare s cost estimate for the recommended altcmala 2 c v e When the preliminary design for the recommended alternate is complete, staff will negotiate fees with the consultant for the final design phase. OPTIONS: l Options for the expansion of tb(s V"'3P are limited. The wastewater utility Is requ;red by law to expand the treatment plant. The utility could elect not to expand the plant and face enforcement actions from state and federal agencies. RECOMMENDATIONS: Staff recommends approval of the professional services agreement with Camp Dresser & McKee. ESTIiti ATED SCHEDULE OF PROJECTS A detail estimated srhedule Is available in Exhibit IL PRIOR ACTIONMVIEW (CounclL Hoards. Commlaslalk Professional Services Agreement approved by PUB on May 3, 1999. l FISCAL INFORMATION: A total of $1,04 million dollars is budgeted in FY99 for the plant expansion. Bond funds have been budgeted to fund the preliminary design. A copy of the FY99 plant expansion C11P is included In Exhibit W. Mal Exhibit I Respectfuily submitted: L JkgCoulter ss+stant Director of Wastewater Utilities t Via; r f i ry C' u Prepared by; e£• P.S. Arora, P. E. Engineering Administrator Exhibit I Location Map Exhibit II: Wastewater Treatment Planning Report Exhibit 111: Ordinance and Proressional Services Agreement with Camp Dresser & McKee Exhibit 1Y. FY 1949 Capital Improvement Project a i 4 3 r, 1 i is EXHIBIT }I 0 o 3c 1 poem or"k Z i 4 f , r~ c i MAH10lT a . City of Denton ~I Wastewater Treatment Planning Report ~ ;y1?ErOSf► December 1998 ....A. lE£ HF!~D 19 as ~4 5552 ~hE~;S~lSTEP ~ lp t • At MrO.III~VfLL IMO`[IM. MIMM-It~xf!'f I . ill J\ , f, ~ i P Gi 1 'I EXECUTIVE SUMMARY The Ci,y of Denton has retained Alan Plummer Associates, Inc. (APAI) to provide a wastewater planning study in conjunction with a concurrent solid waste site planning study. This wastewater planning study i5 intended to be general in nature, providing a conceptual overview of the City's current needs. This report is of limited scope and is not intended to famish a detailed or complete evaluation of the City's, w tstewater co 1 action or treatment system, but instead should give the City an Indication of the direction to proceed cot erring the development of additional wastewater treatment facilities. The scope of th, u,-oiect included: development of long-term population and wastewater flow projections i for the Hickory Creek :trainage Basin, the Clear Creek Drainage Basin, and the City of Denton's Wastewater Collection System as a whole. Additional goals included prediction of potential discharge pararnetan and development of an overview wastewater tratment site master plan Including planning level opinions of cost. Evaluations of satellite treatment options and conversion to UV disinfect' t were also accomplished in conjunction with this evaluation. While the Pecan Creek Water Reclamation Plant ('A'RP) has successfully handled the City of Denton's wastewater needs for many years, rapid growth in the area will require the development of additional wastewater treatment capacity. The wastewater actor most affected is expected to be the Hickory Creek Drainage Basin. The number and location of current developments in the planning, design, or construction phases clearly demonstrate a southern "tilt" to the City's growth. Traffic Survey Zone- Data provided by the North Central Texas Council of Governments (NCfCQG) was used to predict the population and wastewater flows in the spxinted areas. The modeling conducted suggests the population of the City's wastewater service area (CNN) could exceed 150,000 by NO, with potentially upward of 400.000 people approaching 2050. In the same period the population of the Hickory Creek Basin is predicted to range from appro5imately 60,000 in 2010 to more than 150,000 by 2050. Based on comparisons with other population studies performed for the City of Denton. these projections appear in be reasonable The populations projected suggest the total Wastewater CCN now is may reach 27 MOD by 2020 and ~r 4 subsequently climb to over 70 hIGD by 2050. Similarly, Hickory Creek flow is predicted to exceed 110 NIGD in 2020 and approach 27 hIGD by 2050. All wastewater flow projections developed in conjunction with this evaluation are haled on the included population models and the previously adopted impact fee 7 c; t I planning assumption of 170 gallons per capital per day (gpcd). It is noteworthy that the flows projected R could well be underestimated as the populations upon which the flows are based include the City ui Denton Wastewater CCN only. Neighboring municipalities (i.e., Argyle, Corinth, and Bartonville) representing additional potential customers were not included in the estimates of future growth. Meeting the wastewater demands projected will require construction of additional treatment capacity. While predicted wastewater now in the Hickory Creek Drainage Basin suggests establishment of a satellite facility in the near future to be a viable option, permit restrictions and additional treatment requirements will most likely elevate the overall cost well beyond the cost to expand the current facilities at the Pecan Creek WRP. In addition, the Pecan Creek WRP could exceed its permitted flow before a new treatment faciliq- in the Hickory Creek basin can be developed. It is, therefore, recommended that the City of Denton move forward with the planned 6 MOD expansion of the Pecan Creek facility. In addition, a number of "immediate" improvements to the existing facilities should be undertaken. These immediate improvements include increasing the capacity of the Filters and installation of Chlorine and Sulfur Dioxide containment structures and scrubbers in addition to a number of other miscellaneous plant improvements. The opinion of probable capital cost for the improvements is estimated to be approximately $17 million (1999 SIS million for the 6 MGD expansion and S2 million for the "immediate" improvements. In addition, it may be necessary to extend the WRP's discharge line directly into Lake Lewisville and provide additional treatment to meet future discharge permit requirements for approximately S6 million. Another approximately $8 million of improvements will be required before 2010 to expand the Hickory Creek lift station and force main. The opinion of cost to develop a wastewater treatment plant in the Hickory Creek basin is approximately S36 million, assuming higher levels of treatment for source water protection are not required, The costs for land, permitting, lefal, or obtaining financing have not been included. It should be noted that these are planning level opinion of probable costs and are intended to facilitate the comparison of treatment options and should not be relied on for capital budgeting purposes. Store detailed evaluations may result in these costs being reduced. Follow ing completion of the proposed expansion, the Pecan Creek WRP will be capable of treating an average daily flow of 21 MGD. Based on the projected wastewater flows developed, the expanded plant should meet the City's wastewater treatment requirements through approximately 2010. At that time the i feasibility of ddveloping a satellite treatment plant, compared to further expansion of the Pecan Creek ! E WRP, can be further evaluated. Suitable areas for siting i wastewater treatment plant in the Hickory t Creek basin area are rapidly being developed. In order to keep the INkory Creek facility as an option in the future, the City should immediately proceed with selecr,c,i and purchase of an appropriate site. s rr.r.aaa c An evaluation of the feasibility of converting from chlorine disinfection (and necessary dechiorination with sulphur dioxide) to ultraviolet (UV) disinfection indicates that while UV d:;infection is feasible, it will add approximately $1 million to the c:,~anion of cost for the immediate plant improvements recommended. A new administration and maintenance building on Pecan Creek site is also recommended. The proposed structure would house the administrative and support functions of the WPP and the landfill, eliminating overcrowding and space limitations present In the existing facilities. The cost of the recommended t administration and inaintenartce building Is not included in the opinions of cost for the various wastewater treatment options presented above as construction of the structure could be delayed or conducted In phases to meet the City's budgetary restricdons. Ky. 1 r ~ 9 _ c HXH161T 111 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH CAMP DRESSER & MCKEE, INC., DALLAS, TEXAS, FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION OF EXPANSION AND IMPROVEMENTS TO EXISTING FACILITIES AT THE PECAN CREEK WATER RECLAMATION PLANT, IN THE CITY Or DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems that it is in the public interest to engage Camp Dresser & McKee, Inc., a Corporation ("CDM'), to provide professional engineering services to the City respecting the design and construction of expansion and improvements to existing facilities at the Pecan Creek Water Reclamation Plant, in the City of Denton, Texas; and W i, iREAS, the City staff has reported to the City Council that there is a substantial need for the aNw-described professional engineering services, and that limited City staff cannot adequately pertorm the services and tasks with its own personnel; and t WHEREAS, Chapter 2254 of the Texas Government Code, known as the "Professional Services Procurement Act", generally provides that a City may not select a provider of professional services on the basis of competitive bids, but must select the provider on the basis of demonstrated competence, knowledge, and qualifications, and for a fair and reasonable price; NOW THEREFORE, I I HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION That the City Manager is hereby authorized to execute a Professional Services Agreement with Camp Dresser & McKee, Inc., a Corporation, of Dallas, Texas, for professional engineering services pertaining to the design and construction of expansion and improvements to existing facilities at the Pecan Creek Water Reclamation Plant, in the City of Denton, I e.t:!s, In substantially the form of the Professional Services Agreement attached hereto and incorporated herewith by reference, SECTION 11; That the award of this Agreement by the City is on the basis of the demonstrated competence, knowledge, and qualifications of CDM and the ability of CDM to perform the services needed by the City for a fair and reasonable price. SECTION III: That the expenditure of funds as provided in the attached Professional i~ S-rvices Agreement is hereby authorized. f j . 5r&jLQN 1V_, 'that this ordinance shall become effective immediately upon its passage and approval. IO 1 I t, i i If i f i PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: . I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: f 1 I f ~ i 1 • lj S dwr tkr4u"nisANd;mnceel99~CunpUresur P5A dne 11 t, STATE OF TEXAS § COUNTY OF DENTON § PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION OF EXPANSION AND IMPROVEMENTS TO EXISTING FACILITIES AT TILE PECAN CREEK WATER P ECLAMATION PLANT IN TIIE CITY OF DENTON, TEXAS THIS AGREEMENT is made and entered into as of the day of 1999, by and between the City of Renton, Texas, a Texas Muticipal Corporation with its principal offices at 213 E. McKinney Street, Denton, Texas 76201 (hereinafter "OWNER') and Camp Dresser d McKee, Inc. a Corporation, with its offices at 8140 Walnut Hill Lane, Suite 1000, Dallas, Texas 15231 thereinafter "k ONSULTANT"); the panics acting herein, by and through their duly-authorized representatives and officers. WITNESSETH, that in considerationof the covenants and agreements herein contained, the parties hereto do mutually AGREE as follows: ARTICLF. EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with CONSULTANT, as an independentcontracto4 and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set forth herein are in connectionwith the following described project (the "Prcject')r Engine. ring services pertaining to the design and construction of improvements to expand the Pecan Creek Water Reclamation Plant (the "Plant') to 21 -MOD capacity and to upgrade the Plant to meet its new discharge permit to be Issued by Texas Natural Resource Conservation Commission. ARM= SCOPE OF SERVICES The CONSULTANT shal I perform the following services in it professional manner: A. To perform all those services and tasks as set forth in CONS ULTANTs"Scope of Sr vices" , which is a nine (9) page document consisting of Basic Services and Special Services and Is attached hereto and incorporated herewith by reference as Exhibit "A". r B. If there Is any conflict between the terms of this Agreement asd the Exhibits ouached to this (t,' \ t Agreement, the terms and conditions of this Agreement shall govern and shad control over the arms and conditionsof the Exhibits. Page I of t i 12 ~ l i I I ill i { I h {I III ARTICLE Ill s ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Scope of Services, set forth iu Article II.A, above, are as follows: - 1 A. Perform final d._.gn and provide services during bidding and constructon; resident engineering services; and start-up, training and operation assistance. The tasks for these ' additional services will be developed based on the recommendations of the preliminary engineering and design report. B. Assist OWNERor contractorin the defense or prosecution of litigationin connection %ith or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the resphtive parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in the Scope of Se^,i:., referenced hereinabove. D. Prepare applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications, F. Appear before regulatory agencies or courts as an expert witness in any litigation with third parties arising from the developmentor construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. F. Providecasement or right-or-wayacquisitionservices. 0. Provide additional presenlalion(s)lo the Denton Public Utility Board and/or the City Council. H. Provide additional printing for bidding document distribution. 1. Obtain right of entry for easement survey. h J. Additional meetings during construction, PERIOD OF SERVICE This Agreement shall become effective upon executi-n by the OWNER and the CONS ULTANT and upon the issuam.eof a notice to proceed by the OWNER, and shall remain in , fc,,.e for tht period which may reasonably be required for the completion of the Project, including i~ Mditional Services, if any, and any required extensions approved by !b^ OWNER, This Agreement nay be sooner termina.cd in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTAN T shall make all reasonable efforts to complete the services set forth in Exhibit "A" hereto, as expeditiously as possible, in accordance with the lbll wing schedule: - - n. r. Page 2 of I I 13 t, c. 1 .I I Ai A. Complete preliminary engineering and design report in four (4) months from notice to I proceed. I B. Complete final design documents for review by OWNER, in five (5) months upon approval of the design report and authorirationto proceed with the final design. I C. Upon approval of final design documents, complete bid solicitation, review of bids, and recommendation of award in ten (10) weeks. D. Allow twenty (20) months for the constructionof improvements. E, Allow twelve (12) months for post-constructionservices. ARTICLE V COMPENSATION A. COMPENSATIONTERNIS: 1. "Subcontract Expense" is defined as expenses incurred by CONSULTANT in the employment of others in outside firms, for services in the nature of professional engineering, surveying, or related services. Any subcontract or subconsultant billing reasonably incurred by the CONSULTANT in connection with the Project shall be invoiced to OWNER at the actual cost plus ten (100/6) percent 2. "Direct Non-Labor Expense" is defined as that expense, based upon actual cost, for any assignmentor expense reasonably incurred by tht CONSULTANT in the performance of this Agre, went for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental exww"s in connection with that assignment; expressly including, without limitation, telephone charges, telecopy charges, printing and reproduction costs, and other incidental expenses incurred in connection with the Project. Direct Non-Labor Expenses shall be invoiced to OWNER at CONSULTANT'sactual cost, with the exceptionof photocopy charges, which shall be billed at a rate not to exceed ten cents per copy; ant telecopy charges, which shall be billed at a rate not to exceed fifty cents per copy for outgoing tclecopies from COVSULT'ANT. There shall be no charge by CONSUI:fANT for incoming telecopies. To the extent that the provisions of Article V. of this Agreement conflict with the rate in Exhibit "A" -ittached hereto and described hereaner, the provisionsof Article V, of this Agrecmcnlshall govem. B. BILLING AND PAYNIENT: r For and in consideration or the professional services to be performed by the CONSULTANT hrrein, the OWNER agrees to pay CONSULT ANT, based upon the satisfactory completion cif the tasks set forth in the Scope of Services as shown in Exhibit "A" attached hereto; as follows .~••~..~.»R,. Page 3 of 11 14 l c rE I For Basic Services under Phase I - Preliminary Engineering and Design Report, Tasks BS-1 through BS-6, inclusive, lump sum fees in the aggregate amount of $293,375. 2. For Special Services under Phase I - Preliminary Engineering and Design Report, Tasks SS-1 through SS-3 inclusive, fees not to exceed, in the aggregate, $66,945. The Special Services will. be provided by the CONSULTANT on wi as-needed and as-requested basis. The hourly rates set forth in Exhibit "B", entitled "Compensation... Pecan Creek Water . Reclamation Plant, City of Denton, Texas", which !--xhibit "B" is attached hereto and made a part of this Agreement, and sets forth the hourly rates and the basis and method of determination of billing for CONSULTANT in performing the tasks provided for under this Agreement. This billing will also include reimbursement for Subcontract Expense and Direct Non-Labor Expense. Partial payments to the C0NSULT kNf will be made monthly based on the percent of actual completion of Basic Services and detailed billing statements for Special Services, rendered to and approved by the OWNER through its Assistant City Manager for Utilities or his designees; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. The OWNER may withhold the final five (5%) percent of the contract amount until satisfactory completion of the Project Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory as ter, onably determined by the Assistant City Manager for Utilities or his designee, or which is not submitted to the OWNER in compliance with the terms of this Agreement, The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense or reimbursement above the lump sum fees and tk- maximum not to exceed fees as stated hereinabove, without first having obtained the prior written authorization from the OWNER. CONSULTANT shall not proceed to perform the services listed in Article 111. "Additional Services" without obtaining prior written uuthorizetion from OWNER. C. ADDH IONAL SERVICES; For additional services authorized in wtitingby the OWNER in Article III, hereinabo%e, CONSULTANT shall be paid based on the Schedule of Charges at the hourly rates and charges as set forth in Exhibit "B" attached hereto. Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with Article V.B. hercinabove. Statements shall not be submitted to OWNLR more frcquentlythan monthly. U PAYMENT: 'tIe If the OWNER fails to make payments due the CONSULTANT for senices and expenses within sixty (60) days after receipt of the CONSULTANTS undisputed statement whereof, the amounts due the CONSULTANTwill be increased by the rate of one percent (1°.0) per month Page 4 of I I IS ` t t, i from the said sixtieth (60th) day, and in addition, the CONSUI.TANt may, after giving ten (10) days' written rt>lice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full for ail amounts then due Wowing, and not disputed by OWNER, for services, expenses and charges, Provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (Mo) per month as set forth herein, if the OWNER reasonably determines that the work is unsatisfactory, in accordance with Article V. B. of this Agreement. ARTICLE V1 OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any of its subcontractors or subronsultants, ARIICLE VI1 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT"s subconu actors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of the OW'N'ER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this project and OWNER's use of these documents in other projects shall be at OW NER's sole risk and expense. In the event the OWNER uses the Agrectr.;at in another project or for other purposesthan specified herein any of the information or materials developed pursuant to this agreement, CONSULTANT is released from any and all liability relating to their us.-:n that project ARTICLE VIII I N D E•: P EN D F NT CO NTRACTOR CONSULTAN r shall provide sen ices to OWNER as an independent contractor, not as an employee of the OW'NFR. CONSULTANT shall not ;lave or claim any right arising from employee status. ARTICLE IK INDEMNITY AGREFNIFNT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officials, officers, agents, attorneys and employees from and against any and all liability, claims. demands, damages, losses and expenses, including but not limited to court costs rnd reasonable attorney Ices incurred by the OWNFR, and including without limitation damages for bodily and personal injury, death, or property damage, resulting from the negligent acts or cm!ssions of the t, CONSULTANT or its officers, shareholders, agents, attorneys and employees in the execut;on, 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 Page 5 of 11 16 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. ARTICLE X INSURANCE Owing the performance of the Services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency, that has a rating with A. M. Best Rate Carriers of at least an "A-" or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $1 DO,000 in the aggregate. U. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than S 100,000 for each accident. U. Professional Liability Insurance -Aith limits of not less than S 1,000,000annual aggregate, E. CONSULTANT shall fumish insurance certificates or insurance policies at the OWNER's request to evidence such coverages. i'he insurance policies shall name the OWNER as an additional insured on all such policies to the extent legally possible, and shall contain a provisionthat such insurance shall not be cancelled or modified without thirty (30)days prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation of coverage, deliver copies of any such substitute policies fumishingat least the same policy limits andcoverageto OWNER. ART►CLEXI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION 7 he parties may agree to attle any disputes under this Agreement by submittingthe dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE XI1 r TERMrNAT10NOF AGREEMENT r t A, Notwithstanding any other provision of this Agreement, either party may terminate this Agreementby providing thirty- (30) days advance written notice to theotherparty. B. This Agreement may be terminated in whole or in part In the event of either party Pale 6 of 11 i ` c . t, substantially failing to fulfill its obligations under this Agreement No such termination will e effected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the nonperformance or other reason(s), 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. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill foe services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rcndr!red and satisfactorily performed, and for reimbursable expenses prior to notice of termination being received by CONSULTANT, in accordance with Article V. of this Agreement. Should the OWNER subsequently contract with a new consuhant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information to the OWNER and the new consultant. If applicable, OWNER shall a,.ow CONSULTANT reasonable time to transition and to turn over the Project to a new Consultant. CONSULTANT shall turn over C documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination but may maintain copies of such documents for its files. ARTICLE XIII RESPONSIBILITY FORCLAIMSAND LIABILITIES f I Approval of the work by the OWNER shall not constitute nor be deemed a release of the responsibility and liability of the CONSULTANT, its officers, employees, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work performed pursuant to this Agreement; nor shall such approval by the OWNER be deemed as an assumption i of such responsibility by the OWNER for any defect in the design or other work prepared by the CO,dSULTAN"f, its officers,cmployees,agents, subcontractors,and subconsultants. ARTICLE XI NOTICES All notices, communications,and reports rcquired or permitted under this Agreementshall be personally delivered or mailed to the respec live parties by depositing same in the United States mail at the addresses show-.( below, by means of U. S. Mail, postage prepaid, certified mail, return receipt requested, unless otherwise speci fied herein. To CONSULTANT: To OWNER: Camp Dresser& McKee, Inc. City of Denton, Texas Randy Rogers, Vice President Howard Martin, AChWtilities 9140 Walnut Hill Lane, Suite 1000 215 East McKinney Dallas. Texas 75231 Denton, Texas 76201 All notices under this Agreement shall be effeclive upon their actual receipt by the party to whom such notice is given, or three (3) days after mailing of the notice, whicheverevent shall first occur. page 7ofII I$ . y ' I t I ARTICLE XV ENTIRE AGREEMENT This Agreement consisting of eleven (11) pages and two (2) Exhibits constitutes the complete and final expression of the Agreement of the parties and is Intended as a complet, and exclusive statement of the terms of their agreements, and supcr,cdcs all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, understandings, and agreements which may have been made in connection with the subject matter of this Agreement. ARTICLE XYJ SEVERABIH rY if any provision of this Agreement is found or deemed by a court of competent jurisd iction 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 the extent reasonably possible, to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the original intentions of the parties respecting any such stricken provision. ARTICLEXVIi COMPLIANCE WITH LAWS i the CONSULTANT shall comply with all federal, state, local laws, rules, regulations, and urdinwices applicable to the work performed by CONSULTANT hereunder, as they may now read or as they may herea ner be amended, ARTICLE XVlll DISCRIMINATION 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. ARTICLEXI PERSONNEL A. 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 employce,i or officers of, nor have any contractual relations with the OWNER. CONSULTANT shall promptly inforin the OWNER of any conflict of interestor potential conflict of interest that may arise during the term of this Agreement. r B. All scr ices required hereunder will be performed by CONSULTANT or under its direct t (/r' supervision. All personnel engaged in performing the work provided for in this Agreement, shall be qualified, and shall be authorized and permitted under state and local laws to perform such services, i Page 8 of 11 19 r I ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the OWNER. CONSULTANT shall promptly notify OWNER of any change of its name m well as ofany significant change! n its corporate structure or its operations. ARTICLE XXI MODIFICATION i No waiveror modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing.nd duly executed by the party to be charged therewith. 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, uriess such waiver or modification is in writing, duly j executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARTICLE XXII MISCELLANEOUS A, The following Exhibits are attached to and made a part of this Agreement: 1. Exhibit"A"-"Scope orScrvices"Iconsisting of nine (9) pages]. 2. Exhibit •'B"-"Compensation"(consistingofNrtcen(13) pages). B, CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment made by OWNER under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct examinations or audits in compliance with this Article. OWNER shall give CONSULTANT reasonable advance notice of all intended examinationsor audits. C. Venue of any suit or cause of artion under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. D. For purposes of this Agreement, the parties agree that Jyh-Wei (AI) Sun shall serve as the Project Manager for CONSULTANT, This Agreement has been entered into with the rr understanding that Jyh-Wei (Al) Sun and Randy Rogers shall serve as the key persons A serving the OWNER on the Project, Any proposed changes requested by CONSUL TAN r, !,r `/1J respecting either or both of the key persons named in this paragraph, shall be subject to the approval of the OWNER, which approval OWNER shall not unreasonably withhold. Nothing herein shall limit CONSULTANT from using other qualified arid competent members of their firm to perform the services required herein under its sapervisiou or control. Page 9ofII 20 l t E. CONSULTANT shall commence, carry on, and complete its work on the Project with all appl icable dispatch, and in a sound, economical, efficient manner, and in accordance with the provisions hereof. In accomplishing the Project. CONSULTANT shall take such stepsas are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. F. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT'sdisposal all available information pertinent to the Project, including previous reports, any other data relative to the Project and arranging for the access to, and make all provisions for the CONSULTANT to enter in or upon, puHic and private property a-s required for the CONSULTANTto perform professional services under this Agreement. 0. The captions of this Agreement are for informctional purposes only and shall not in any way affect the substantivetemu or conditionsof this Agreement. IN WITNESS WHEREOF, the City of Denton, Texas has executed this Agreement in four (4) original counterparts, by and through its duly-authorized City Manager, and CONSULTANT has executed this Agreement by and through its duly-authorized undersigned officer, on this the --day of t 999. "CITY" CITY OF DENTON, TEXAS By: _ Michael W. )oz, City Manager Al TEST: JENNIFER WALTERS, CITY SECRETARY By: _ APPROVEDAS TO L DIAL FORM: 1:liRBERT L. PROUTY. CITY ATTC,tNEY By: Page 10 of 11 21 "CONSULTANT" CAMP DRESSER & McKEE, W., A Corporation 6Y Vice-President ATTEST: i ©y' - a w j ~a. o.. n.w..wwrw a.r rur Pay! ~ ~ Of ~ J 22 i Exhibit A Scope of Work Pecan Creek WRP Improvements Project City of Denton, Texas i 1. Project Overview IU project consists of engineering services required for the preliminary design, final design, bidding and eonstsuccion, and want-up and operational asabunce A improvements to the Peen Creek Water Reclamation Plant. II, Project Objectives The project goals and objectives to be accomplished include; 0 Expansion of treatment capac' y to 21 MOD (annual average daily flow) and 24 MOD (maximum monthly flow) ■ Upgrading to meet TNRCC effluent limits ■ Increase of composting capabilities to handle all biosolids produced at PCWRP ■ Repair or replacement of aging and unreliable equipment ■ Integrated reuse of reclaimed water of 6 MODA10 to 12 MOD ultimate) III. Scope of Services The project will consist of rive project phases and the major tasks under each phase are as follows: Phase I • Preliminary Engineering and Design RepW ■ Esublish/Confrm Project Goals and Objectives UPerform Field Reconnaissance, Stress Testing and Computer Modeling ■Formulate Alternatives NAlternative Evaluation and Reconuncnda ions Develop Recommended Plan @Prepare and Finalize Project Design Repon ■Assist in Coordmadort with TNRCC on Permit Issues IFerform Topographic Survey and Subsurface Investigation gConduct Plant Visits Phase if • Final Design @Prepare 60% Complete Plans and Specifications ■Prepare 90% and 100% Complete Plats and Specifications 1 ' I CDM Camn Uresser 6c McKee 23 EAU A • Preimlo" Scope of ft* wart t nea t+YRP ir"I'errterrtt Aojee • Phase Ili • Bidding and Cmstnxdion ■Provide Services During Biddittg, @Provide Services During Construction 0Provide Record C`rawing Services Phase IV • Residers( Engineering services RProvide Resident Project Representative and Specialty Inspection Services Phase V - Slarf-up, Training, and Operations Aulslwe nProvide operations & Maintenance Manuals •Pstivide Start-up Services woooduct Perforrunce Evaluation Services A nurative description only for the tasks and subtasks In Phase I • Preliminary Engineering and Design Report is provided in the subsequent: paragraphs. Tasks and subusks for the otter projecs phases will be developed at the conchalon of the Preliminary Engineering Phase where the required Improvements will be defused. Phase I • Preliminary Engineering and Design Report A amic Services task SS-f fsla6hs&C**m Pitod Goalie and Objectives rkuk Ob/rrnlvts. To ascertain City ualteholder's expectations of project success. subraski., i. Upon recelpt of mice-to-proceed, the CDM Team will plan, schedule and convene a project `kick-off' mettingrworkshop (I t. Workshop No. 1). The purpose of the workshop and it-, planning is to: ■ Establish project stakeholder list ■ Solicit stakeholder participation in the project ■ Establish project outcomes that will assist the project in becoming a success in th% minds of all stakeholders 8 Establish stakeholder expecution as to what the project is about (contracted scope or otherwise) 8 De%elcp action piarts to meet established expectations Prior to the Workshop. tht CDM project management tam will meet with its rr' ` counterparts w chin the City to plan the agenda of Workshop No. I and develop t the initial list of project stakeholdrs that should probably attend the Workshop I It is ~nncipaied that Workshop No. t an be convened on-slit as it coulJ be r coup'eJ uith an initial site nsemiew tour that will acquaint project team members with the physical specifics of the project, COM Camp Dre,,;r A McKet 24 I 1 i EAoa A • Prdmemq Scope d ftA pscen G"k WRP OPTviinwds Nod a 4. CDhi will prepare minutes of Workshop No. 1 and distribute such to all participants, 5, The CDM Team will document the above work of this Task in a Technlcai Memorandum (TM) entitled, "project Goals and Objectives." The (IN draft of this TM will be produced uri thb,subtask. Task aI Oe wabW 6 Workshop Minutes containing City stakeholder expectations of project success arid' action plans that wig assist the team in meeting these expectations. ! Technkal Memorandum, - `Project Croats and Objectives' (S copies) task Bs-2 Aartbem FWd Recant iai,A nee, Sm Taft and C o putsr Alodolty Ttuk ObJerdrn: To gather background information and data necessary to make informed improvement decisions. Stabfuaks: I. The CDM Team will review all relevant background informabon relating to the Peon Creek Water Reclamation Plamt (P0ktRP) including previous design reports, raster piuts, performance data, regulatory reports, maintenarxe history reports and the like. 2. The CDM Team will physically Inspect the existing facilities, particularly the areas where improvements are planned. 3. The CDM Team will irt.erview operations and m dmtanasce personnel at the PC`A'RP to establish concerns and issues which etfect proposed design improvements. Especially important will be the capnrring of Lessons learned related to performance and maintenance intensity, a. The CDM Team will develop a protocol for stress testing and assist PCWRP staff in coordinating these testa. The test results will be used in the calibration of the mathematical process model that is to be utilized in determining the treatment capabdilies of the existing facilities. The CDM team will review with City staff various dynamic mathematical process models that can be employed to determine the tratrnem capacity and the optimized performance of existing process units, Select the process modeling package that is considered most appropriate for the PCWRP Construct a computer model and perform model runs 6 The CDM Team will also perform hydraulic calculations Leo identify hydraulic + bottlenecks and limitations of esisi,ng facilities. A , 7. The CDM Team hill coo 3inaie with the surveyor performing topographic and utility surreys regarding the ar_as to he surveyed and the information to be provided by the surveyor for the unprovement project COM Camp Dresser & McKee 25 t y, Eah bA A • Grewrumn SCpe 01 A" Pecae C+eaa *RP Imprt mwits Atyaa b S. The CDM Team will review the subsurface conditions associated with the work of this project through appropriate review of previous geotechnical efforts, The CDM Team will coordinate with the geotechnical subconsultam regarding additional soil boring locations and data required for design of the improvements. 9. The CDM Team will document the above work of this task in a TM emitted, `Existing Conditinns." The first draft of this TM will be produced under this subtask. Task 8&2 D01100364s' ■ Technical Memorandum • 'Existing Conditions" (S copies) Tuft 85,1 Forini aAMarnallim Task Ob/ecdrer: To develop ithematives for expansion of the PCWRP under various TNRCC permit scenarios. The existing NeVities will be optimized and serve as the base for the exparuSon. Sublaski: I. The CDM Team will perform the necessary engineering calculations and investigations to identify and develop initial feasible alternatives using reconnaissance information and project goals and objectives established under previous Tasks BS-2 and BS-1, respectively. The initial feasible alternatives will be developc,, for the following at a minimum! ■ Expansion of treatment capacity to 21 MGD ■ Disinfection and hanrdous chemical management i Integrated Water reuse ■ Composting of t losows 0 Pak flow management. Including hydraulic bottleneck elimination ■ Odor control (fen sludge composting) ■ Energy and labor management, including digester gas, process automation, etc. ■ Repairtreplacement of existing equipment Other issues may be added during the course of the Improvement Project as they develop. The UV irradialft system will be one of the disinfection alternatives to be evaluated. The evaluation will include bench;rilol scale testing to determine the transmissivity of the treated effluent at PCIA'RP. This information will be used to f J aid in the preparation of system cost, i ' - A' The CDM Team will conduct with City staff, a pre-design workshop IWorkshop No. 21 to review the initial improvement alternatives and io perform screening of f, these alternatives. The workshop is intended to provide the forum in which all i CDM Camp Dresser & McKee 26 t C ' EAh,Od A . Prerunnary Soope of Work Peon Creek WRP , ,xvvemrMa Piqued Ilk stakeholders can participate and comment on altrmative development. It will focus on consensus building among the attendees on the critical elements such as process selection, equipment reliability, system flexibility, operations and rtainteria,ce concerns, cost impact, etc. Throukh creative thinking and evaluation process, a list of the most viable alternatives will be developed for further analysis. 3. The CDM Team will then utilize the mathematical process model selected under Task BS-2 to validate and fine-tune these most viable alteratives. Any changes or modifications will be documented and diwibuted for further review and comment. 4. Upon completion of the above subtasks, the CDM Tears will documen the work i of this task as a TM entitled, 'Feasible Alternative ldetuification and Screening The fuss draft of this TM will be produced under this eubusk. task SS-3 06".. hw: ■ Initial dynamic mathematicat model runs ■ Workshop minutes eonulning comments from project stakeholders and advisors • Technical Memorandum • "Feasible Alternative Identification and Screening' (S copies) tuh SS4 Aftematlves Evaluation and Recorrxnendafions Task Objectivity; To surface 'best value" alterative for the City based on established goats and objectives and optimized penbinnance criteria. Subtasks: I. The improvement alteratives developed tinder Task SB-3 will be further refined. Refinement efforts will take into account: , ■ Reliability and flexibility enhancement I ■ Ease of operations and maintenance ■ Re auction or cost to benefit ratio ■ Project goal and objective compliance 9 Project Team's confidence level that a particular improvement Is buildable, operable, and implementable within the constraints for which the project is subject, 2. A decision matrix will be produced that addresses the non-economic and economic factors associaled with making decisions as to which atternaii%o h"I rb, the City's defined needs, The disadvantages and ad vantages of each ahc,; athr will be discussed and the recommended improvement aliemativeul will be selected based on technical merits and cost considerations. f 3, The CDM Team swill document the above work of this task as a TM entitled, "Altemadves Evaluation and Recommendations " The first draft of this TM will be rroduced under this subusk. CDM Camp Dresser k McKee 27 CEMU A - Pre4o nary Scope or Work Peon freak WRP ITmWnand ftisd Task fiS4 oerver": 0 Technical Memorandum - "Alternatives Evaluation and Recommerdations" IS copies) Task SS-5 Devs4 the Recommended Plan resk Objectives: To prepare prelimit iry design documents to show schematic design of the recommended improvements; refine the estimate of proOmble construction costs; and develop an irnplementation plan based on the pteliminary design. Subrasks: 1. The CDM Team will prepare preliminary design docutnents to include: ■ Design criteria 0 Siring of major equipment, electrical toads, control scheme, ett. 0 Drawings to show plans tad sections of major process improvemenu ■ Process diagrams 2. The CDM Team will preps} s refined budgetary cost using the lxeliminary design documents. The estimate will be based on recent bids of ►imilsr facilities, in-house data, tough material take-off and vendor input. 3. An implementation schedule will tdso be developed based on the proposed improvements and City's time constraints. _ 4. The CDM Team will document the above work pf this task in a TM entitled, "Recommended plan", The first draft of this TM will be produced under this subtask. Task 8.S•5 Deliverables 2 Revised Budgetary Cost 0 Implementation Schedule 0 Technical Memorandum - `Recommended Plan' 1S (opies) I ■ I i i CDM Camp Dresser 6t McKee 29 M I i r FxmU A - Pr WVAry Soope of Nbrk Pecan Creek VAP ImyM~3 Pm1ed 7 so SS-6 ProM W Finalize Pr*d Desipn Repoli Task Objective, To document the above Work and to obtain the consensus of project team members as to the project's ovcral) direction and expetted outcome, Subraskt: 1. The COM Team will compile the Work performed under Tasks BS-11, BS-2, BS-3. BS4 and nS into a prelimirury Design Report. Ten copies of the preliminary Design Report will be submitted to the City's project team for review and comment. 2. Simultaneous to the City submission, the CDM Team will distribute copies of the ptelimlmry Des gn Report to its technical tt.kw team for quality a asurance/quaiky control purposes. 3. Workshop No. 3 will be schedule and convened aher borh the City project ream and CDM's Lnumal technical review team have had adequate time to review the preliminary Design Repot. The results of all reviews will be shoed and discussed during Workshop No. 3 and appropriate sevislont to the teport agreed to 4 The CDM Team sill also submit the preliminury Deslgo P.-port to all applicable regulatory authorities for review and comment and will interface with such as required to obtain Nit consensus of action. S. The results of all review comments will then be incorporated into a final Design Report. Ten col les of this final Design Report kill then be submitted to the City's project team for approval. Task a," f) wrabhns t Preliminary Design Report 110 copies) , ■ Workshop No. 3 Minutes compiling the results of all review comments in "Comment,* 'Response." and "Action" format ■ Minutes of all meetings with regulatory authorities ■ Final Design Reprt (10 copies) 8. Spot w SeNkes " Task SS I • Assist in Coyd+na"orr with TNRCC om Permit Issues Task Oblece'vesr To nepottait a fair discharge limit for PCWRP reflective of the assimilative capability of the Pecan Creek under design conditions. Subtaskr I The CDM Team wall perform re:oNlals"me on rtgutatory issues to determine t+ TNRCC's concerns The CDM Team will assist the City in assessing the t Ir assimilaust capability of pecan creek and in formulating various effluent limit R scenarios baud on the stream modeling results (by if nivtfsity of North Texas). The CDM Team will also determine the impact of the brit, the worst and the CDM Camp Dresser & McKee 29 `I I t ' I c ~ i III', I 1 ' I E■R,OR A • Pmt w"Scope of r4onr Pecan Chat WRPla MOfferds Propel likely permit scenarios on potential improvement cost based on the treatment capability of the existing facilities. 2 The CDM Team will assist in preparing waste toad allocation raionsle and TNRCC presentation strategies, 3. The CDM Team will assist In preser,.ing rationale to TNRCC and revising the document u required to obtain regulatory concurrence. The CDM Team will usist in negotiating a discharge condition with TNRCC and obtaining a new , discharge permit for PCWRP. Task $S•I DowereDM Nrxx Task SS-2 Perform TopWophk Surrey W Subsurface hwhgobon Task Obfecdves: To obtain Infomation and data necessary for design of the Improvements. I. The CDM Team will obtain a subconsultant to perform topographic and utility surveys to provide Information required for the improvement project. 2, The CDM Team will obtain a geotechmical subcomsultant to perform additional subsurface exploration wok to tscertain foundation capabilities for the improvements. Task SS-2 DelhreraWes ■ Survey Drawings (t set) Ceotechnical Repots (2 copies) Task SS-3 Conduct PW Y4ks Task Objtedvrs: To capture lessons learned by others related to operations and i maintenance concerns of equipment or systems under consideration. Subrask: I. Conduct three visit` to other wastewater facilities that have operational equipment or systems which are being considered for PCWRP. The equipment or systems to visit include, but are not limited to, low pressurN medium Intensity UV systems, medium pressurerAigh intensity UV systems, membrane microfAtration system, and atoned static pile composting. lash SSJ Del"rable 11 Photos of equipment and systems taken during plant risits r r ;A , Phase 11 • final Design CAM Camp Dresser k McKee 30 c+ c, Embd A • P7lwmvy Scope or WA Poem Creek WRP Impromrw* Prated (Tasks to be developed) Phase III .Ming and Oonstnxfim (Tasks to be (eveloped) Phase IV • ResdW EngfneerN SerAm (risks to be developed) Phase V • Sfarf-up, Training, W Operation assistance (ruks to be develope5) ti CDM Camp Dresser do McKee 11 e G v Exhibit B Compensation Pecan Creek WRP Improvements Project City of Denton, Texas A. Attachment I - Summary of Fee for Basic Services B. Attachment 2 - Level of Effort and Fee Calculation for Took B&I C. Attachment 3 - Level of Effort sod Fee Calculadoa for Task BS•2 D. Attachment 4 - Level of Effort mod Fee Calculation for Task BS-3 E. Attachment S - Level of Effort sod Fee Calculation for Took BS4 F. Attachment 6 - Level of Effort sad Fee Calculation for Task 89-3 O. Attachment T - Level of Effort mod Fee Calculation for Took B" H. Attachment 9 - Summary of Fee for Special Services 1. Attachment 9 - Level of Effort and Fee Calculation for Took SS1 J. Attachment 10 - Level of Effort and Fee Calculation for Task S32 K. Attachment I I - Level of Effort and Fee Calculation for Task SS-3 1. Attachment l2- Schedule of Charges r Y° rya C~ 31 e a f Attachment 1 City of Denton Pecan Creek WRP Improvements Project Preliminary Engineering Phase Summary of Fee • Basic Services "aide Reimbursed Labor Costs PrAsCenals lxpenees Total Costs Task PS.1 • EslabPsh/ConSrm Proiect Goals 8 Objectives $16,130 $1,200 $4,511 $20,841 Task SS.2 • Perlorm Field Reconnaieeonae, Stress Testing and Computer Modetlnp $60,190 $0 $906 $66,416 t TsA 83,9 • Formulate Alteme6ves $42,360 $0 $5,796 $45,766 Tauk 134.4 • Alternative EvaNallon and Recommendations $49,360 s0 $744 $46,124 Task BS ,5.Oeveiep Ns Recommended Plan SE4,250 $1,600 $2,496 $66.546 Task BS ,6 - Prepare 6 Finalize Procl Des &n Report $24,000 10 1626 626J620 Total Coto $271910 13 & 113 066 $243,1191 w w r 0 t~Tr Drnw McKN Nt. eiTA , i u I I I I I i I I P lof ryGy lloA ~N~^G bNJIr'1ti/ 1-_W uNUOn~- -IMUG.Mp4 ilx«!_ .L 1t OLkkw..Lu~4M ~m N66-4101, P so _ pl + !!Lw± itwn. _"M fP w..► _.l b1! 111.6rlprhrpanhw /n p poM 1 p altol ~`-~'1T ' rt lnnenn/n rr.+~ lnwN 1 ! 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N _NAM N1J r.M ewrb OMr. .w Ow, IM Iwt An _ aAa.. _ Ni _w 4160 -Poo- t . . -Igo- "a 4A 0 ad" Ao ow..e 1e 1@&. _ n+ 1_N ~ app c 1 901 u u Attachment 8 City of Denton Pecan Creek WRP Improvements Project Preliminary Engineering Phase Summary of pee • Spacial Services Outside Reimbursed Labor Costs Professionals Expenses Total Costs Task SSA • Assist In Coordination with TNRCC on Permit issues $16,460 $O $2,003 317,863 Task SS.2 - Perform Topographic Survey and Subsurface Investigation $0 $36,000 $0 $35,000 Task SS 3 • Conduct Plant Visits $9,600 14 ,363 $0,963 TotalCosts $20,660 $30,000 16,343 $ee ae 1 g m; d I G• ..d Camp DM W hkW k+e am ry a r c+ ~f ►eean Cnil riit►Implorlmanle herll_.____ - - 110mlanfmolnoorlnj Photo "Olll so"ki ONlen .*wet of [Karl and pa cakul llon, r.Ue Y ~r ar ow+ h I'd 14wW mo qw ew i ow" uN wr aw wIW T4 arew_. rrz 60"bw 1_~"_"!. S'y!r! ~e n.rw, hAsoo k wiH 00tH F.h.wrw «a e U44 IT14w"; ~He Y 1. 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HM! u c, Hun Cr~oM WRI lmprovom+nM ~rofoel - ~ - rlllmin~q ^ ar "own ►n►d Ilwl►r Iw 1MWIr tMwtl ~OrnM I++M I+w aMw wAN ' L46V A*AW / ~"L~'M Fwdlr h.M~dwM Mw/ hhn rw►wrr ra Idd imbL IN= J90L Cow- ---1 M Npl. a. log. %4" ..Jp_. '-p- --Imm -Al 'k" i _ lquw , - tiK A W 4 ew Fw w.t M c i u a t. Attachment 12 Scheduk of Charges 1 Hourly Hillin¢ Rates - Year _ IZ Labor Category 1499 2000 - Nol Project Advisor $180 $190 S200 $210 Project Manager/Principal $170 S 178 $ 187 $197 Lead Discipline Engineer SIN $ 126 $ 133 S139 OW SK.•9iaiist $110 $116 S 122 $128 Project Engl❑eer $ 90 $ 95 $100 $105 Staff Engineer S 70 S 75 S 80 S 85 Resi3ent Project Representative $ 43 S 48 S 52 S S6 Senior Designer S 65 S 69 S 73 S 77 Graphic Technician $ $5 $ 58 $ 62 S 66 Clerical/Word Processing S 45 S 48 $ 51 S 54 ~ U 44 y r EXHIS -I i99 CAPITAL IMPROVEMENT PROJECT M 99-047008 PROJ TITLE (S) WWTP UPGRADE. 21 MOD E571MATEDCOST: 113.040 (a 10001 GROUPASSIONMENT: 2 DESCRIPTION: The project wddreasn ilia preliminary dnign of the Wastewater Treatment Plant upgrade to 21 MOD to men required hydraulic loading projected by year200E i PURPOSE: To Initiate preliminary design engineering for 21 MOD uptrade. State regulations require dial when wauewader treatment plant Bows reach 90% of permitted flaws planning and deign for a plant apansion will be initiated. I i 1 ENCUMBERANCES CASH EXPENDWIRES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL IST YR $1040 S0 SO SO $1040 $1000 10 14 50 5200 TOTAL 2ND YR S12.000 S0 s0 S0 $6,000 $6,000 SO $0 SO $90 TOTAL 3RD YR s0 50 SD so 56,000 16,000 s0 f0 10 56110) GRAND TOTAL 113,040 SO 10 so 113,040 113.040 s0 14 10 13,010 E.NCUMBERANCE DATES: Eneumberal as spent L PHASE DATE AMOUNT Prelim Design I2AS $200 Plnal Design 12M $140 lwpraainn Construction Im sI1,00D Miscellaneous 1 4 C ENCUMBERANCETOTAL 513,040 i I=f COMMENTS, NI is a mold-you ptojed 1999, 2000, flnatlied on 2W I, f { IM1NS9.4R ~_~.-45 t . AGENDA INFORMATION SHEET him AGENDA DATE, May 11, 1999 01110 DEPARTMENT: Fiscal and Municipal Services ACM: Kathy DuBose SUBJECT An ordinance to declare the intent to reimburse expenditures from the retained earnings of the Water Fimd with revenue bonds so that two phases of a new water line project, more fully described in the body of this ordinance, may be commenced; declaring an emergency and amending the 1998.99 Capital Improvement budget to allow the funding of Phase I and Phase li of the Highway 377 water distribution system upgrade; and providing an effective date. VACKQQSM The Water Department requests a budget amendment to the 1998.99 Water Department Capital Improvement Program Budget and authority to reimburse Water Fund retained earnings from the proceeds from the safe of Revenue bonds to fund an unforeseen Water Department capital project. The project is needed to extend a water transmission line south along Highway 377 from the City of Denton to Crawford Road. This project is split into two phases. Phase I extends a waterline from Denton to Hamilton Road and will provide Denton with the ability to dirxtly serve existing water customers in that area. Denton currently contracts with the Upper Trinity Regional Water District (UTRWD) to serve that area, However, UTRWD has notified Denton that the District no longer has excess treatment capacity and that under current contract provisions, service could be curtailed within 60 days. UTRWD has offered to continue service but at a higher costs to Denton. Phase 11 extends the waterline from Hamilton Road to Crawford Road. The Utilities staff believes that this project could not have been reasonably foreseen at the time the 1998.99 Capital Improvement Program was prepared, and was not Included in the fiscal year 1999 Capital Improvement Program Budget. In addition, the Utilities staff recommends the project to support development policies that provide and regulate utility service to new areas and to support annexation strategies affecting Denton citizens, " FISCAL INF 1A14 TION The Water Capital Improvement budget will be amended by $2.606 million to complete the project and Watc. Fund retained timings will be reimbursed by $2,606 million upon the issuance of revenue bonds next year. i s ( t' , r r { Page I C' C~ I I I i ,I I I PRIOR ACTION The Public Utility Board approved the budgeted amendment to the Water Department Capital Improvement Program on May 3,1999. Respectfully submitted: I Kam, oS~ Kathy Bose Assistant City Manager - Fiscal and Municipal Services • i 1 v w }'lil+ v 11 Page 2 i t I i I A9 i ORDINANCE NO. AN ORDINANCE TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM j THE RETAINED EARNINGS OF THE WATER FUND WITH REVENUE BONDS SO THAT j TWO PHASES OF A NEW WATER LINE PROJECT, MORE FULLY DESCRIBED IN THE BODY OF THIS ORDINANCE, MAY BE COMMENCED; DECLARING AN EMERGENCY AND AMENDING THE 1995.99 CAPITAL IMPROVEMENT BUDGET TO ALLOW THE FUNDING OF PHASE I AND PHASE N OF THE HIGHWAY 377 WATER DISTRIBUTION SYSTEM UPGRADE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton (the "Issuer") is a municipal corporatiott1political subdi- vision of the State of Texas; and WHEREAS, the Issuer expects to pay expe !Jitures in connection with the design, plan- ving, and construction of Phase I and Phase II of a new water line project, the Highway 377 wa- ter distribution system upgrade, (the "Project') described in Exhibit "A", which is attached hereto and made a part of this ordinance for all purposes, prior to the issuance of revenue bonds to finance the design and construction or & water line from Denton lo Crawford Road; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objet. tives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of section 1.150.2 Treasury Regulations, to reimburse itself for such pa;ments at.cuch time as it issues the revenue bonds to finance the Project; and WHEREAS, the expenditures for the Project will be disbursed In the Interim from the retained earnings of the water fund, which is not appropriated at present in the 1995-99 capital improvement budget for such use; and WHEREAS, after the budget was adopted, the City learned that Denton County Fresh Water Supply District No. I A and Denton County Fresh Water Supply District No. 5 (the "Dis- tricts') had annexed nearly 500 acres of land within the City of Denton's extraterritorial jurisdic- tion, corporate limits, and certificated watct and wastewater service area, threatening to encroach on the City's service area, interfere with its water supply, and to interfere with its ability to exer- cise land use controls over the area, resulting in the City filing a lawsuit in 1999 to set aside the Districts' annexation of the area, all of which could not have reasonably been foreseen at the time of the adoption of the 1998.99 capital improvement budget, which actions could signifi- cantly adversely impact the City's plans and strategies to manage future growth, and which cre- a es an emergency and a grave public necessity that the bud Jet be amended to fund this project to construct Phase I and Phase 11 of a watt- transmission line south along Highway 377 1iont Denton near Beni C;eek Estates to Hamilton Road and from H uniiton Road to Crawford Road t near the proposed development knowm as Willow Lakes; and f'- WHEREAS, Sec. 9.08 of the Denton City Charter. provides that In case of grave public necessity, emergency expenditures to meet unusual and unforeseen conditions, which could not by diligent thought and attention have been Included in the original budget, may be authorized by t . the affirmative vote of at least five of the members of the City Council as an amendment to the original capital improvement budget; and WHEREAS, the City Council rinds that a grave public necessity exists which requires emergency expenditures for this new water project and the amendment of the 1998-99 City of Denton capital improvement budget; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECI- 1ON 1, That the findings set forth in the above preambles to this ordinance are true and correct and are hereby adopted. SEU QEX. That the Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount equal to $2,606,000 for the purpose of paying the costs of the Project, as set forth in Exhibit "A". SECTION III. That all expenditures to be reimbursed pursuant hereto will be for design and construction of capital improvements. No tax-exempt obligations will be issued by the Is- suer in furtherance of this ordinance after a date which is later than 18 months after the later of (1) the dale the expenditures are paid, or (2) the date on which the properly, with respect to which such expenditures were made, is placed in service. SECTION IV. That the foregoing notwithstanding, no tax-exempt obligation will be is- sued pursuant to this ordinance more than three years after the date any expenditure which is to be reimbursed is paid. SECTION V, That the 1998.99 capital improvement budget of Issuer is amended up to the amounts listed in Exhibit "A", to provide for adjustments to the water capital improvement budget, Accordingly, the 1998.99 capital improvement budget is hereby amended by transferring the sum of $2,606,000 from the retained earnings of the water fund, Account No, 620.5601 to the water capital improvement fund. Immediately upon he sale and receipt of the proceeds from the revenue bonds the sum of 52,606,000 or the actual amount transferred to the water capital improvement fund shall be transferred to the retained earnings of the water fhnd, Account No. 620.5601. If for any reason these adjustments to the water capital improvement fund do not fully cover the expenditures anticipated in Exhibit "A", the City Manager is authorized to provide such funds from the retained earnings of the water futd. SECTIO Y1. That the City Secretary is directed to attach a copy of this ordinance to the original capital i-rtprovement budget and cause this amendment to be published once in the r Denton Record- C'Aronlcle. ' SECTION YS_I, That this ordinance shall become effective immediately upon its passage and approval. i I GQ r i c c~ { I a PASSED AND APPROVED this the day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ,I i BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CIITYY ATTORNEY BY: .luk d ~aruucburiaa.a,,.mm.aaxwwr+Mimn.,mrere .+~,.w r, ON; c. c. Allachmenl A 1 rr0 CAPITAL IMPROVEMENT PROJECT _ 99-0481.13 PROJ TITLE: IU DISTRIBUTION SYBTIM UPGRADE (HWY•7771 ESTIMATED COSTt 12,604 (a 1000) GROUP AI/fOMMENT: 4 D11CRMTION: NW 477 SENT CREEK ESTATES 20-INCH 22,000 LP. PURPOSE: Thla prolset w11 enable dry of Dentea to mppt/ wster to the new developments to the southern part of Denton along HWY-077 - Phase I: Seat Creek Estates to Hwnlhon 11144,600 I.P. Total Cost 11,011,0+0 Phase M: Nsmlllen to Cm b d Md. - 14,000 LP. Teal Cost 11,$74,000 , ENCUM111ANCe4 CASH EXPINCKUAN$ SONG REV AID OTHER TOTAL BOND All AID OTHER TOTAL i TOTAL 1ST YN $2dol 10 10 t0 47406 1410E 10 10 40 12604 TOTAL 2ND YR 10 10 10 t0 10 10 10 10 40 60 TOTAL 3111) YN 60 60 10 t0 to 10 10 10 40 40 GRAND TOTAL 12606 60 $0 10 14606 12601 10 10 60 1260e INCUMSRANCS DATES: Eneumbered el sponL PHASI OATS AMOUNT OBJECT 4 land Purchase 07181 1 211 1002 Deslgn Oore$ 1112 1040 Ieapoetlon 01100 1 0$ 1162 Construotlen 01100 12170 sill ENCUMBRANCITOTAL 14104 COMMENTS: T7te Is a muMPeer 0161W boll mNo h 141/. r r Ineumbewel plat to M$ to ' (rr Current CIO Taal Probst Budget 4T-SO4,000 e el 12.12 006 c I I 1999.2003 CAPITAL IMPROVEMENTS PLAN CASH REQUIREMENTS WATER UTILITY {5 x 1000) GROUP ASSIGNMENT _ NUMBERS" CATEGORY 1999 2000 2001 2002 2003 TOTAL 1 NEW WATER PLANT IFRANSLINE $410 7,9$2 $11,512 $7,613 $0 $27,481 2 BOOSTERSTATION 70 4,900 5,380 697 0 11,047 3 ELEVATED STORAGE 850 2,340 700 0 0 ),890 4 DISTRIBUTION SYSTEM UPGRADE 3,466 1,485 1,273 1,058 659 7,943 S REPLACEMENT WATER LINES 485 343 337 345 300 1,830 6 FIELD SERVICES REPLACE WATERLINES 200 200 2(0 200 200 1,000 7 DEVELOPMENT PLAN WATER LINES ISO 250 230 250 230 1,250 8 OVERSIZE WATER LINES 100 too 100 100 100 300 9 TAPS, FIRE HYDS, AND METERS 356 337 337 360 360 1,750 10 TOOLS AND EQUIPMENT 137 137 204 76 90 644 , 11 CAPITAL CONSTRUCTION RESERVE ISO 230 250 250 250 1,230 12 COMMUNICATIONS AND CONTROL 204 0 0 0 0 204 13 OFFICE FURNITURF)COMPUTER(EQUIP Is 13 11 11 67 14 MISCELLANEOUS 0 0 0 0 0 15 REGULATORY DISINFECTION MODIFICATIONS 0 897 1,894 3,79A 0 6,583 `t 16 WATER PLANT IMPROVEMENT'S 410 35 f0 10 10 473 17 STATE 11IOHWAY RELOCATIONS 1,236 61) 0 0 0 1,849 $9,442 $19,852 $22,480 S14.765 U130 $67,769 Bond Fund $6,907 $18,07 $20,909 $13,260 $759 $60,122 Current Revenue 1,459 1,477 1,485 1,405 071 7,197 AIdInConsaructioo 76 88 86 i00 100 450 Grand Total $8,442 SI9AS2 522,186 $14,765 $2,230 567,769 .-Como A1lICMMgMIA ONUMS l,l r,W M 4i &Ao&dM/.I.Y%.,Y~M.M.. y 1 I 6 t w. I 1190.200 CAPITAL IMPROVEMENT PLAN WATER UTILITY tof sRatet ' ' B4Hd = oRReNr ~'ltll^~: ~ I: ~In ~ ~ tI dAl!~ I Il~q[R tlA PRdJECr NAM! FUND NIVENyE Y114bIN0 CtlNO R _ CbSi 11046041 IJ UIMI6CELLANEOUIOVFICEEOUIPMENT/FURNITURE 10 61 11 10 U 114410-01 11 IN IN IICEIlAkEOUS OFFIC! MACHINES 0 1 0 I TOTAL 1101.1111 WATER ADMEN 10 11 it 10 11 H-041042 11 Ili) OFFICE FURNITURE AND EQUIPMENT 1 S I 0 1 110110-01 to IA) TOOLS AND EQUIPMENT 1 1 1 1 1 I9-011044 16 IRI CHEMICAL PEED AND PROCESS CONTROL EQUIP. 1 10 10 0 10 110100-01 10 IRI DISTR. CONTROL UPORADI FOR PLANT FILTERS 700 1 100 0 100 11-040101 11 (TI VAR, FRED. DRIVE FOR LANE PUMP StAT10N 100 0 101 0 100 1/:41007 17 IRI MOTOROLA MCI 1000 GAIE UNIT 1 I 1 / I 110100-01 11 01 REPLACE SCADA SYSTEM 111 1 111 4 111 11-0404-01 1 (011 NO ELEVATED 6TORA0E?ANN 100 1 100 1 100 040440.10 1 1011 MO ELEVATED STORAGE FOR UPPER PLANE 110 1 100 0 110 11-0444001 1 IOIRAY ROSERiS WTP AND RAW WATER FACILITIES (I 110 1 110 1 110 11-0460A07 1 101SOCSTIR STATION ONO SYSTEM TIE-IN 70 0 76 1 t0 10446000I 1 101FINIIHED WATER TRANSMISSION LINE 11111) Q4 1 100 1 Rio .fi IOTAL0111tl1 WATER PPOO. 11,i101 IH 11,114 /0 11,111 110441.01 1 TOIOVEA1121 WATERLINES 1100 (0 1100 JO 1100 .1-0401.01 17 IR) OPPICI FURNITURE AND MACHINII 0 1 1 0 4 C 11046141 1 (4)WATER 1APS,LOOPS 0 11 10 76 141 11 0411 04 to If] MISCELLANEOUS EQUIPMENT 1 20 10 1 f0 11.041101 6 (RINEPLACE WAtU1LINE•WtIt WOOD 1 16 11 1 1J 110411-01 6 1111111111 FIELD SERVICES REPLACE WATER LINES 100 0 100 1 100 11011101 1 101 DEVELOPMENT PLAN WATERLINES 0 110 110 1 110 111411-01 47 11) STATE H10H'RAY It RELOCATION 111 0 111 0 ISO 110411.10 1 IRIREFLACS WATERLINE - ARCHER TRAIL 0 100 100 0 100 110411.11 1) INI RADIOS 0 12 12 0 11 It 0401.12 11 IRICAPITAL CONO~".'!COON RESERVE 0 110 110 0 110 110411.11 4 III 0111MINUTION SYSICM UPORAOE - HWY 01 1,401 0 1,601 1 1,101 110411011 It 111 STAll H10HWAY 110 RELOCATION -MIDDLE EAS1 170 1 610 1 111 It 041006 1 IRIPEFLACEWATERLINE - WtSICHEItER 1 III 111 4 111 110411JOT J IRI REPLACE WATERLINE. SANDPIPER 0 170 471 1 1136 10 1104114 V 4 III DISTRIBUTION IYJIEM UPORADE IIEANARDI IIC.W.,..__. 1_ _._-011- -1 tOIAL 1111.1111 WTR DI6TRIS01014 11,001 11,111 1,411 171 11,471 r v i L' U ` S 11101-2003 CAPITAL IMPROVEMENT PLAN WATER UTILITY ill 4 I{ 1111: i ! li`I I1111f11~1 i ! !11!!11' N 'l I ~ 13~', 111 li p~ J 1 it II 11111!1! X11 ICI{ Ills li !1111, II I~I3 I't I]II 11.1.1 k ,J~y11 1. !I it lip f l W1~ 111., Ilgj .,I~I!I ! I I, ifs I,,,i kli ~~1u131 ~1V 1111 I I 1111!!! l ~n ~ III 1113E 1f f!j' I f I,I, a, f •I jl I ~ nl~ I1I P fl4~h li... ' IY~ ilk f~ ~ ~!u~l .li I III I illh,l~:.lE~tl3 ~~!~LL !I~ i ~ ~ Vi:' ~ III Iii Ili I f ~ ' I' 11444141 1 IN)WATIRMC}tR/ It Vigo 111 1 111 11441141 11 (RI Of►IC! f URNITUAli AND MACHINNI 1 1 1 / 1 11441943 10 Ill MISCILLANlOUI NQUIPMINT 1 /1 11 1 11 11441244 11 IR)OWN MACHINIS 1 1 1 1 1 10441140 1 IRIAN PLAC I FIX I HYDR.INTIANOVALVII 0 14 $4 1 14 11.041141 117 IRI RADIO! 1 1 TOTAL 1111.1111 WTR HUN R!►AIN It 6111 INS N 111 11.046141 10 ill'*LD NQUIFMINT 11 61 11 H N 4401114! 11 IN)OFFNIIlOUI►MlN1IVUANITURI 0 4 1 1 1 1141614i IS ITI 044I MACHINIS 1 1 1 TOTAL 1610-1111 WTR IENDIIIIININO - i0 f} iT (1 1T 01410041 10 JAI LA! 9OUI111l ' 11 14 14 It 14 61441441 11 ITI DIV INFORMATION MOM? IM1111 1 1 0 I I 404,14441 10 (p LA/ORA?ORYIOUI►MIN? ,.1L t ~ TOM! 1611.1111 WATtR LAG 0 111 611 1 TOTAL 11111.1011 WATIN Dl FARO I,N} 1,411 64's is Ill / 1 c~ I ..s C I t Apr& u •-4~`L „ AGENDA INFORMATION SHEET AGENDA DATEt May 11,1999 DEPARTMENT: Finance CM/DCM/ACM: Kathy DuBoUV SUBJECTt i Consider appointments to a special Citizens Advisory Committee to study capital Improvement needs for projects to be included in a January 2000 bond election. i BACKGROUND: On April 20, Council approved a resolution to appoint a Citizens Ads wry Committee to study capital impronment needs and make recommendations for capital n ejects to be Included in a January 2000 bond election. The committee is to be comprised of seven appointments per Council Member and one chairperson appointed by the entire Council, RECOMMENDATION: Staff recommends that Council appoint members to the Citizens Advisory Committee composed of seven appointments per Council Member with one chairperson appointed by the entire Council. specs I toed: J J Fort e recta: Management and Budget t a , Prepared by: , n . Kathy Brooks Financial Analyst 1 c s i r a APPOINTMENTS TO BOND COMMITTEE I Mayor Miller Peggy Capps 915 W. Oak Denton, TX 76201 382.0804 Anita Bruno Cool Beans 1210 W. Hickory Denton, TX 76201 Bill Thomas 200 W. Oak Denton, TX 76201 387.9066 H 382.0855 W Dan Martin 717 Lafayette Drive Denton, T X 76205 383-111011 380.8184 w Tom Haipool 2222 Houston Price Denton, TX 76201 382.8822 Ray Bejarano Golden Triangle Mall 12011-35 E Denton, TX 76205 Dr. John Price 3300 Broken Bow Denton, TX 76201 f 2 Cu i ~I Mayor Pro Tern Beasley Euline Brock 1900 Westridge Denton, TX 76205 3822436 Fran Morgan 611 Smith Street Denton, TX 76205 387.7253 Rudy Rodriguez 1313 Wilderness Denton, TX 76205 $65.9507 Tim Charles 207 N. Bonnie Brae Denton, TX 76:01 898.7003 Don Edwards 2308 Crestwood Place Denton, TX 76201 387.1576 Christine Rowell C/o Dills rds 2201 S.I"$ E Denton, i t 76201 484.9056.1 ` $66-6210 W i 1 i i i a c~ i I f i Council Member Cochran: Martha Len NOson 2603 Brookfield Denton, TX 76201 382.9597 Jim Engelbrecht 2305 North Lake Trail Denton, TX 76207 $65.1009 Dorothy Damlco 1801 Panhandle Denton, TX 76201 Jim Kirkpatrick 2026 Pordham Denton, TX 76207 382-6266 H 381.8180 W Bob Manning 814 Eclor Denton, TX 76201 382.9493 i 4 • c- Council Member Young Lillie Clark 1009 Kerley Street Denton, TX Vickie Hill 2129 Woodbrook Street Denton, TX 76205 382-6028 Robert Young 204 Crawford Street Denton, TX Peggy Fox 203 S. Wood Street Denton, TX 387.6292 Wayne Audrey 709 Pennsylvania Denton, TX 76203 Edwin 0. Fulton 1404 Ft. Worth Drive Denton, TX i 382.3611 FM 27 Evelyn Curry 1812 Westminster Denton, TX 76203 1 E } I I 1 ~i Council Member Kristoferson 1 Tammy Thayer 717 Smokerise Denton, TX 76205 382.2999 Pat Langa 3211 Montecito Denton, TX 76203 382-7713 Michiko Hayhurst 3824 Montecito Denton, TX 76205 381.3590 Linnie McAdams 1511 McCormick Denton, TX 382.6930 Jay Meux 1900 Georgetown Denton, TX 76201 566-0309 lack Swanson 2801 Montecito Dcnton, TX 76205 591.0967 Alice Gore 2215 Westwood Denton, TX 387-3967 A1lcmatea, Elizabeth Zack Duncan Weathers 1126 Oakhurst 2201 Woodbrook Denton, TX 76205 Denton, TX 76203 387.0557 383.8155 ! A~ r 6 a Council Member Burroughs Liz Shearer 1 Timbergreen Circle Denton, TX 76205 243-5126 H 387.5598 W Rick WooIfoI& 3121 Westgate Denton, TX 76107 566-0072 11 382-5500 i Tim Crouch 300A N. Carroll Donlon, TX 76201 565-9370 H 383-1990 W Curtis Ramsey 2028 Burning Tree Denton, TX 76201 566.0206 Gmg Sawko 1100 Pennsylvania Denton, TX 76205 382.3113 H ' 382.4357 W Gus Seligmann 916 Ridgecrest Circle Denton, TX 76105 387.8142 w Larry Collisler 1605 Victoria Denton, TX 76201 565.077511 566-7010W Jr~ 7 c u i q Council Member Durrance: f Dr. Eva Cadwallader 3920 Fawn Drive Denton, TX 76207 566-3018 Ed Soph 1620 Victoria Denton, TX 76201 383.4693 i k JA I 8 y 7 7 AGENDA INFORMATION SHEET AGENDA DATE: May S, 1999 DEPARTMENT: City Manager's Office CM: Mike Jer, City Manager SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current Board'Commission vacanciesinominations: Steven Postm has resigned from the Keep Denton Beautiful Board. This is a nomination for Council Meriber Durrance, If you require any further information, please let me know. JJ 1 Res tfnlly submitted: ' J er Walterst C: Secretary { i i i I I I ' t. Apenaa 1% 9 9 - 0/ 9 AO* ilam 01 Oab ti' AGENDA INFORMATION SHEET AGENDA DATE: May 10,1999 DEPARTMENT: Planning & Development CM/DCWACM: Rick Svehis SUBJECT: Receive a presentation from John Fregonese of Fregonese Calthorpe & Associates, Regional and Urban Plarm;ng consultants from Portland, Oregon, and hold a discussion regarding "Smart Growth", urban development, and munk-ipal growth concepts. BACKGROUND: The City is nearing the culmination of the draft version of the Denton Comprehensive Plan. Soon we will be going out to the public with the plan for comments. We anticipate adoption of the Comprehensive Plan in September of 1999. The Comprehensive Plan will have recommendations that are based upon adopted Planning Policies and the Growth Management Strategy. Many of the issues addressed within the Comprehensive Plan re!ate to Quality of Life, Location of Growth, Quantity of Growth and Timing of Growth. The Draft Comprehensive Plan will i contain recommendations designed to: a Reduce the amount of urban sprawl; a Protect the natural environment; o Allow varieties of uses, both vertically and horizontally; s Increase densities within the urbanl>'ing area, • Require sustainability of the City (its tax base, its quality, its ability to service the community, and its view toward maintaining environmental quality, etc.), the basis for "Smart Growth"; and, a Create a strong urban develt.-pment base that embraces urban villages, new urbanism or traditional neighborhood design with strong transit, pakslri m and biking linkages planned into the fabric of the City. We have asked Mr. John Fregonese to present these new concepts and subjects and explain how other communities have included these concepts within their systems and implemented them. ESTIMATED SCHEDULE OF PROJECT: / J;- Aftvr the Council's work session, Mr. Fregonese ail) be making a presentation to the cornmwilty on Wednesday, May 12ei at 7:00 PM at the Center for Visual Arts. This presentation is open to all members of the community and other interested parties. C. My IxKumen1,1A1] CC $11 N90" floc hp • I i &DDITIONAL INFORMATION: The foiloaing information is a biography of Mr. Fregonese's background and experience: John A. Fregonese Principal Professional Experience 1997 - present: Principal - Frecnnese Calthorpe & Associates - Portland. OR Founding prinripal of Fregonese Calthorpe & Associates, along with Peter Caithorpe. It is a full service planning firm specializing in comprehensive planning, CIS analysis, land use ordinances, implementation strategies, and public involvement programs and materials. 1992. 1997: Director of Growth Mi nayement Services - Metro - Portland. OR Developed the Metro 21}10 Growth Concept Font its early studies through its unanimous adoption by the Metro Council and tha local government based Metropolitan Policy Advisory Commission. This included the development of the award-winning public involvement program, the modeling and analysis of five complex metropolitan level designs, and the development of the Growth Concept into regional goals and poli::'ses for adoption. The plan has been recognized nationally and has been the subject of many articles by numerous national and regional newspapers and magazines. Since the adoption of the 2040 Growth Concept, he developed several implementation actions, including the adoption or a regional functional plan (implementation goals and requirements), Urban Reserve designation, Urban Growth Boundary revisions as required by state law, and continuing public involvement. Developed the Charter required Regional Framework Plan, a comprehensive regional planning document integrating all of Metro's planning functions in land use, transportation, and open spaces and parks, and ran the involvement and adoption process. Supervised the Data Resources Center, a regional CIS and analysis rrnice for use by Metro deputnents, local governments and the private sector. In 1997, the DRC received the President's Award from ERSI, the software developers of ARCiNFO, for the best program among the more than 20,000 users of ARCINFO worldwide. Author of many plans and documents, including 'The Main Street Handbook' and'Shared Parking.' 91 79 - 19 " Director of Community Development - Ashland, OR Was responsible for the Department of Community Development, which included planning, building inspection, energy k ongrvation, and computer services for the city. Significant accomplishments were development of the Ashland Comprehensive Plan and achieving compliance with LCDC in 1983 including the Urban Growth Boundary, complete rewrite of the Ashland Land Use Code, development of the Ashland Site Design Guidelines, the Solar Access Ordinance, Sign Code, and Physical and Environmental Constraints Ordinance. Community Development accomplishments were: Extensive renovations of 3 historic city owned buildings and 4 public art pieces, development of the Housing Rehab Program, resulting in 180 renowed hornes in Ashland's Historic District. Developed and implemented the Ashland Dowvtowr, Plan from 1986 to 1992, including plan development and adoption, funding, and development of C..N~ lrucummt~ AIS CC !-f I Frcaonex. Qoc Plat .2. r . 1 parking and pedestrian improvements This resulted in many public and private improvements to Ashland's downtown. Designed Ashland's edl''ordable housing program and the Open Space program, both now funded and operational. 1976 - 1979: Plann1 g Director . Woodburn. OR Was the first full-time planner for the city of Woodburn, Oregon, where for four years he was responsible for all long-range and current planning for the city, including the development of Woodburn's Cyst Urban Growth Boundary and Comprehensive Plan, which achieved compliance with the State LCDC Goals. Education 1974 - 1976: Attended graduate school majoring in Resource Geography with emphasis in Land Use Planning, Oregon State University at Corvallis. OR 1974: Bachelor of Science with distinction, majoring in Geography with minor in Earth and Marine Science, California State University at Dominguez hills, Carson, CA PROR ACTIONaEVIEWt No prior action or review has been taken on this item. Respectfully Submitted: David 1~1r N'ill` Director , Pra By: ti Nancy K4~APA Compreanager z , C'My bocummMAIS CC S11 Frcauieu &K y Jtgettea No. oa- Y2_ AGENDA 1NFi1RMATION! SHEET AGENDA DATE: May 11n', 1999 DEPARTMENT: Planning& Development CM/DCM/ACM: Rick Svehla SUBJECT Receive a report, hold a discussion, and give staff direction regarding the Environmental Management and Public involvement sections of the draft Comprehensive Plan. BACKER UND The May 11', 1999 review session for the draft comprehensive plan will be devoted to the two chapters listed above. This is the fifth in a s, its of six scheduled review sessions. The comprehensive plan is the culmination of the Denton Plan Process, which was started in July 1997. Extensive work on plan components has been completed, including Existing Conditions and Forecasting research, adoption of the Planning Policies in April 1998, and adoption of the Growth Management Strategy in January 1999. The comprehensive plan has been organized into several chapters, and six review sessions have been scheduled for Council review and discussion, By May 21°, 1999, the draft review process will be finished, and pending Council direction, staff will offer the plan to the public for review and comment, RECOMMENDATION The intent of Council review of the draft plan is to prepare the plan for public review. Council is not being asked to deliberate on the plan until public comments are available. Revisions will be made as per Council instructions, and other improvements will be made as additional chapters of the plan become available. A staff rew mi nendat ion will be made when the draft plan is complete. ESTIMATED SCHEDULE OF PROJECT The City Council review schedule for the draft comprehensive plan is confirmed as shown. Specific dates for other events listed below will be proposed as the process continues City Council S1.leetin& Date Araft Comprehensive Plan Chanters to be Reviewed February 2)rd, 1999 Introduction, Population Forecasts, & Growth Management Strategy March 30'h, 1999 Infrastructure Chapters (Transport at ion, Water, Wastewater, Stormwater Drainage, Solid Waste, Electric Utilities) .A,, April 131h , 1999 Parks & Open Space, Urban Design, "The Street", & "The Edge" April 2Th , 1999 Historic Preservation, Public Facilities, & Economic Diversification May I I'h, 1999 Environmental Management & Public involvement C~ 1 May 211999 Land Use Chapters (Residential, CommerciaVRetail, Civic/Institutional, (CC Retreat) Industrial, Special Districts), Recommended Land Use Plan, Implementation Strategy, "'E'hresholds", "Maintenance / Enforcement", & School Districts June -August 1999 Public Review Process i August 1999 Planning & 7oning Commission Public Hearing(s) and Recommendation September 1999 City Council Public Hearing(s), Revisions, and Adoption PRIOR ACTION/R YIM Major milestones in the development of the Denton Plan Include: July 1997 Denton Plan Process approved by City Council and P&Z April 7u', 1998 Planning Policies adopted by City Council January 191s, 1999 Growth Management Strategy adopted by City Council i FISCAL INFOIL'NATION Forecasting and Growth Management Strategy tasks were recently completed by the city's consuit_nts. The remainder of comprehensive plan work wilt be completed by city staff. All departments are involved in the preparation of the plan. A fiscat impact analysis will be included in the body of the draft comprehensive plan. EXHIBITS Draft Comprehensive Plan Notebook (provided separately) (Note to C'oaneif Members: The notebook Is assembled to allow staff to continuously up kie Its , contents. Staff can eltrar change oaf .sections as new chapters or revisions bee imd available, or we can deliwr the Imserls far yvu to chairge yourself. Please return the notebooks to the Cary Secretary's office at least one week In *Awice of the next comprehep.Vve plan review session 1f you want staff to updarc your notebook foryou. 7hanb. f Respectfully Submitted, Da ' M. Hill t ' Director of Planning and Development t 1 c . f c. I I TABLE OF CONTENTS Draft Denton Comprehensive Plan May 11 `s, 1999 Rnised,rlarch Jr, 1999, except as noted 1. Message from the Ma,,or and City Council (Review Pending) Page I ll. Message from the City ManM (Review Pending) Page 2 III. Denton Planning Page 2 j A. Dents Charter Page 2 B. Denton's Planning Histcx.v Page 3 IV. Statement of Puroose Page 5 A. ThP Planning Process Page 6 B. The Comprehensive Plan & Development Process Page 7 C. City of Denton Vision Statement Page 8 D. Planning Policies Page 10 E. Public Involvement Page 10 V. Existing Conditions and Ocogrg 'c Context Page 11 A. Regional Page 11 B. City of Denton Page 13 VI. The Local Econemv Page 21 A. Land Use Page 21 B. Tax Base Page 21 C. Employment Page 21 D. Sales Page 22 E. Household Income Page 22 ' I evised March 301", 19Y9 1. City, Backg[oun Page 1 11. Market Position Page I III. 'j_o up latinn Ovr du Page '2 IV. jj&pgCapa~ity Page2 V. Population Estimates Page 3 VI. Growth Areas Page 5 fit,"v t~ f c. I I` Revised March A r, 1999 1. Development Suitability Page 1 A. Development Suitability Page 1 B. Composite Analysis Page 1 It, Alternative Development Scenarios Page 4 A. Corridor Scenario Page 4 B. Urban Centers Scenario Page 4 C. Neighborhood Centers Scenario Page 4 D. Compact Growth Scenario Page 4 111. Growth Management Strategy Page 6 A. Policies Page 6 B. Growth Management Strategy Assumptions Page 8 C. Specific Aspects if the Growth Management Stategy Page 9 I.V. Implementation Tools Page 13 City Council Retreat May 21"t 1999 MEMO City Council etreat May,71-01999 Ciq ouneil etreal ay 1 ,1 City Council Retreat May 671-11999 City Council Retreat May 21'o 1999 1 City Council Rev ew April , 1999 1. Introduction Page i 11. Listing Conditions Page 1 A. Taxable Value Page I B. Workforce Page 4 IIL policies Page 8 IV. Croals & StralegieI Page 8 A. Etn~loymentOpportunity Page8 B. Local & Small Businesses Page 9 C. Workforce Page 10 + l lr"! D. Development Incentives Page 10 E. Industry Recruitment Page I 1 \ I u ry commeir Review err , l I. Introduction Page 11. Existinit C ditions Page 2 111. policies Page 3 IV. 90111 and StrAtitiea Page 4 A. Environmental Stewardship Page 4 B. Changing dt Managing Travel Demand and Travel Behavior Page 5 C. Land Use and Transportation Page S D. Use of Streets Page 7 E. Level of Service Page 9 F. Parkinq Page 9 0. Transit Page 1 I H. Pedestrians and Bicycles Page 13 1. Moving Goods and Services Page 17 J. Municipal Airport Page 17 K. Intelligent Transportation Systems Page 21 L. Transportation Financing Page 21 CY& CoaheR Rewe.0 March Jr, I 1. ntra ctraR Page 11. Existirq_ Page A. Water Supply Re ervoirs Page B. Elevated Storage Page 4 C. Ground Water Supplies Page 4 D. Lake Lewisville Water Treatment Plant Page 4 E. Mains Page 4 F. Pump Stations Page 7 0. Distribution System Page 7 IIL policies Page 7 IV. 9-02[t and Strate¢ies Page 8 A. Water Supply Page 8 B. Water Treatment Page 9 C. Water Storage Page 9 D. Water Distribution Page 10 E. Water Conservation and Reuse Page 10 i I&A V tv ew AIC f council A ` I. In roduction Page 1 11. Exist ine Conditions Page 2 A. Centralized Treatment Facility PageI B. Pecan Creek Basin Page 1 C. Cooper Creek Basin Page S D. Hickory Creek Basin Page S E. Clear Creek Basin Page S 111. Policies Page S IV. Goals and Strategies Page 6 A. Wastewater Reuse Page 6 B. Surface and Groundwater Protection Page 7 C. Environmental Impact Model Page 8 City Council Review arc 3 ,1 1. Introduction Page I 11. Existing Conditona page 2 1. policies Page 4 / H. Goals and Strategies Page 4 UNNINIMIn ity Council Review meter, iv-p 1999 l C 1. Introduction Page 1 IL Existing Conditions Page 1 A. The City of Denton Landfill Page 1 B. Waste Collection Page 2 C. Recycling Center Page 2 111, icie Page 2 1V, Goals and Strategies Page 3 A. CommunityEnhancement Page 3 B. Environmtntal Protection Page 3 C. Waste Recovery and Reuse Page 3 ity r . r r M ~Lr I I C Councl Review arclr ,19 1. Introdu ion Page i Ii. Existing Conditig Page I A. Service Territory Page 1 B. Generation Page 1 C. Transmission, Distribution and Fiber Page 2 Ill. Policie Page 2 IV. Goals and &ra taies Page 2 A. Provision of Electric Utilities Page 2 B. Environmental Sensitivity Page 3 C. Developmcnt and Maintenance Page 3 City Council Review April 1 s 1999 1. Introduction Page 1 1[. i ipnditions Page 1 A. Inventory of Properties & Facilities Page 1 B. Existing Service Plans & Strategies Page 3 C. Planned Capital Improvements Page 3 D. Summary of Citizen Survey Results Page 4 E. Emerging Trends in Park & Recreation Services Page 4 { 111. Phi ing POND Page 5 IV. FKIcy & Service Standards Page S A. Park Classifications, Acreage Standards & Service Elements Page 5 B. Facility Standards Page 6 I V. Imotications of the Growth Management Str ate cru Page 6 VI, Goats & Strateairi Page 9 A. Distribution of Parks Page 9 B. Park & Opea Space Acquisition Page 10 C. Financial Effectiveness Page 10 D. Responsiveness Page 10 CiV Couneff Review May 11 , 1999 f 1. ntroductio~t Page I Il. Existing 'o d' i Page 2 A. Air Page 3 B. Water Page 8 C. Soil Page 15 Ill, p91!SiS9 Page 17 r {V, Loafs & Strategies& Strategies Page 17 f A. Ecosystem Management Page 17 B. Air Page 20 C. Water Page 20 D. Soil Pagel v t M ( City Council Review April 2r, l9/9 1. Introduction Page 1 11. Existing Conditions Page 1 j A. General Government Page 1 B. Public Safety Page I C. Parks & Recreation Page 3 D. Libraries Page 3 E. Denton Airport Page 3 F. Educational Facilities Page 4 111. Policies Page 6 1V. Goals & Strategic Page 6 A. General Government Page 6 B. Public Safety Page 7 C. Parks & Recreation Page 8 D. Libraries Page 9 E. Denton Airport Page 10 F. Educational Facilities Page 10 0. Genera! Public Facilities Goals & Strategies Page I City Council Review April I ,1999 1. Introduction Page I 11. Urban esign Character Analysis Page 2 A. The Image of the City: Legibility Page 2 I B. Movement Through the Urban Environment: Permeability Page 7 C. Buildings & Character Page 8 D. Opportunities & Constraints Page 9 111. Urban Design Policies Page 12 Design Goals & Striftin Page 13 A. Urban Structure Page 14 B. Urban Design Page 17 C. Architectural Design Page 21 D. Context & Distinctiveness Page 26 E. Development in Environmentally Sensitive Locations Page 28 F. Public Art Page 29 0. Urban Design Diagram Page 30 V. Srscific Design Guidance Page 31 A. Conservation of the Historic Environment Page 32 B. Transportation Infrastructure Page 35 k C. Neighborhood Districts & Mixed Use Design Page 38 D. Signage Page 40 i ! E. Commnmi:ations Page 41 { F. Monitoring & Evaluation Page 42 4 I i M OMMMI11 Nil City Council Review April , 1999 1. Intr u i Page I If. ExistiUVbndjj M Page I III. teals & b~ateaies Page 2 A. Historic Districts Page 2 B. Historic Tourism Page 2 C. Historic Sites Page 5 D. Archeological Resources Page 5 City Counell Review April 1 ,19 9 I. Introduction Page 1 H. Street Development Page 2 A. Neighborhood Streets & Alleys Page2 B. Collector Streets Page 6 C. Arterials Page 10 D. Street Standards Comparison Page 12 E. Retrofit & Reconstruction Page 13 IH. Utilities in the Street & Allcy Page 13 A. Neighborhood Streets Page 13 B. Commercial/Mixed Use Center Collectors Page 14 C. Arterials Page 14 D. Shared Duct Banks Page IS IV. SS mt esthetic Page 15 A. Materials Page 15 B. Lighting Page 16 C. Signage Page 16 D. Landscape Design Page 16 E. Fumiture Page 17 P. Transit Page 17 0. Information Systems Page 17 H. Public Parking Page 18 L Public Art Page Ili 3. Urban Design Page 18 City Council Review April i ,1999 1. ntr u i Page I IL Existing Conditions Page 2 e 111. General Policies Page 4 1V. Specific Policies Page4 f V. Recommendations Page 5 City Council Review May 21', 1099 c , c, CoNneff Relp*af May 2F, 199F C costmell New May , 1999 i city council Review may 1. jnItpduction Page 1 It. Potictes Page 1 Ili. Public Involvement Objectives Page 2 IV. Public Involvement Plannin¢ Page 3 V. Public Notification Page 3 V1. Public Education Page 4 VII, Public Padicip te ion Page S Chy orncil Review May " j I ~ r l II 1 Yioi+' I n~ir+~wtn~'nl tl ~I.Yn i~,!clttcnl r 1 1.ko T 4 .r -Wig Thc comcers hr The esvivesnest by the I r;noI ' I I1.. I Ini I „I, rh, a lownskilp handsome? A river, with its *mWks i Anch things we bewqx1i; wryi wim, they would seA to preserve these leaellers or-pmockers, or any at present i. I&P r , Oker Oak Into &Wstelm to Ike white #its, and comisrence vor &kU sdA47 In 177.1 Drafl Denton Conturthens v I N I ay II th 1999 environment accordingly Land value is based on the potential monetary return for minerals (oil, gas, coal, gold, eta), agricultural production, its prospect as a housing development or as a convenient location for a commercial enterprise Because water, air, and land Here prevalent and taken for granted at the time the United States Constitution was drafted, there are no constitutional provisions protecting our environment. As the industrial revolution required unprecedented use of natura resources for manufacturing processes, and the by- Figure 17,2 Greenbelt Path products of those manufacturing processes were contaminating water and air supplies, demands for environmental protection increased. Though air was (and still is) considered a `Tree" commodity, as air quality deteriorated, tk; value of clean air became apparent As a result of public concern, Congress passed extensive legislation in the 1910s to protect I the water vve drink, the air we breathe and the soil upon which we live, The City of Denton recognizes the need to value its environmental resources appropriately By identifying, protecting, and preserving those areas with significant ecological value, further loss of our natural heritage can be avoided. Minimizingenvironmental degradation and pollution is an associated priority. The City of Denton has no intention of legislating "chiefly for oxen," as hit Thoreau would describe it. Wlth l emironmental concerns reaching out far beyond our City limits, any successful program addressing s these issues must determine the value these resources hold for our local community, our regional community, and our global community. Our responsibility lies inalIy to this not-so-infinite planet on which nothing less than our very survival depends, ll. Existing Conditions To describe "existing conditions" as they pertain to the emironmental aspects ofour community is difficult by nature Our environment. from one moment to the next, is never static The conditions existing at the time of this %~riting swill (and hare) undoubtedly changed The dcscril :ions belay are intended to provide a general picture of our community's cmironment in 1999, Figure 17,3 Climate Change C \I,11 avmart,0"Iq.'Aa wflanFan1"n "IAIyrungrmrM EXHIBITA 2 May 111th. 1"9 I)r ft a Because the City of Denton is located in a nonattainment area for ozone, perhaps air quality is now the primary environmental concern for the City's citizens. The Clean Air Act is a comprehensive federal law regulating air emissions. The Act requires the Ew L-onmental Protection Agency to develop National Ambient Air Quality Standards (NAAQS) to protect public health and the environment The Act also required each state to develop an implementation plan (St,ite Implementation Plan, or SIP) to meet these standards by 1915. However, most states were unable to meet this deadline and, In 1971, the Act was amended to set new goals for attainment of the NAAQS. The 1990 Clean Air Act Amendments (CAAA) dramatically altered the Clean Air Act's pollution control requirements, intended to address additional atr pollution concerns such as acid rain and stratospheric Figure 17.4 Total World Emissions ozone depletion (global warming), the CAAA added NAAQS for ozone, carbon monoxide, particulate matter, sulfur dioxide, nitrogen oxides, and lead. If an airshed exceeds one of these parameters, the airshed is considered to be a "nonattainment" area. i 1. Dallas- Ft. Worth Nonattainment Area for Ozone Because the Dailas/Ft. Worth area ("D/FW'), of which Denton County and the City of Denton area part or, exceeds the NAAQS for ozone, the area is classified as a nonattaimnent area for ozone. f There are five ciassifications for ozone nonattainment areas based on the level of ozone: marginal, moderate, serious, severe, and extreme. DFW was initially classified as a moderate nonattainment area, As a nonattainment area, DFW had to develop a State implementation plan ("SIP") to demonstrate how the area would come into compliance with the NAAQS standards within a certain titneframa r 'f he Texas Natural Resources Conservation Commission (TNRCC) is responsible for submitting a 'A , State Implemenlation Plan (SIP) to reduce 1999 emissions to 1990 levels at 3% per year. r i The initial SIP was developed using an airshed model for the DFW area. Unlike other many other nonattainment areas, mobile sources (namely vehicles but also gas-powered lawn equipment, motor boats and jet skis, and airplanes) contribute more ozone-creating emissions than any other source C. by LkvUMMrCMMV&WAiw man r.S.4vawg*w M"WnWM EXHIBITA 3 . r - I Draft Denton COM11rehensive Plan May 11th, 1999 I (Figure 17.5) Though point sources (manufacturing plants, power plants, and 1% t!'h n On Road Mobile other industry) also contrib- 2,~ ` Am A Mon-road uted to the degradation of air hbbNe quality, reduction of stack ■lbgwge emissions alone would only amount to a small reduction 2sli [Iwabd Polnbs in overall emissions. The pri- mary focus in any clean air l'°'"'rPb"b strategy must be on reduc- tion of vehicle emissions The airshed model for the Figure 17.5 DFW Metroples. NO% Emissions DFW area indicated that at- tainment could be reached by reducing Volatile Organic Compounds (VOCs) only (Figure 17.6). Nitrogen Oxides (NOx) are also a precursor to ozone formation. Controlling both VOCs and NO% is difficult, because controls for VOCs can increase NOx emissions and vice versa. Consequently, with the date generated from the model, concentrating on VOC reductions alone seemed the most expedient strategy. Unfortunately, these reductions were not sufficient. DFW failed to meet the attainment requirement and, on March 20, 1998, was "bumped up" to a serious nonattainment area. Because DFW had four exceedences in 1998, the DFW airshed will be unable to meet the November 1999 attainment requirement. DFW will inevitably be "bumped up" again to a severe nonattairtment area, These "bump-ups" directly 1% 2% impact our community, both as a public health issue and as a On R*W Moles a restriction to economic growth. In a severe NO t►Nemrsad NOW nonattainment area, eco• a IPt"ank nomic growth is significantly limited by the amount of "al• t'lawbd tbinb lovable" emissions Because' emissions in the nonattainment area must be reduced, any industry moving to a nonattainment area must find some way to offset the Figure 17.6 DFW Metroplea VOC Emissions emissions it will produce, ! ~r 2, Texas State Implementation Plan/ Texas Cle.n Air Strategy t /r The initial State Implementation Plan for nonattainment areas in Texas focused on a few counties within a nonattainment airshed. For instance, the DFW area only Included Collin, Dallas, Denton, and Tarrant counties though contributing pollution emissions came from as far away as Houston. C. Ah tx><++mart. C,eprJimd~i Pls~ ruInrurM.l Nwryowd EXHIBIT A 4 ■ Dr• fl a Because methods of emissions reductions could only be applied to the included counties, the effec- tiveness of the SIP was limited. The TNRCC is no longer relying on individual Sips for limited airshed areas. Instead, & Texas Clean Air Strategy (TCAS) has been adopted to address a large region covering most of the nonattainment areas in Texas. (Tha El Paso region is too far west to be included in the regie n.) Essentially, any county east of U.S. Interstate 35 is included in the TCAS. This area picks up rear nonattainment areas such as Austin, San Antonio, and Corpus Christie. The WAS requires five regional controls, cleaner burring gasoline, stage I vapor controls, national low-emission vehicles (NLEVs), point source nitrogen oxides (NOx) controls, and the permitting of grandfathered facilities. This approach differs significantly from the initial SIP for th- DBY arcs, beccuse it includes controls for NOx as well as for %1OCs. A generalized summary of the TCAS is being presented to the EPA as a partial SIP to meet regulatory guidelines. Once received, EPA will probably formally bump up the DFW airshed to a were nonaltairtment area. TNRCC will then develop it complete and specific SIP for the WAS region and submit it in Ma-ch 2000. 3. ruel The City, as part of the original four-county nonattainment area, already uses reformulated gasoline, a cleaner burring fuet. Given the unavoidable bump-up to severe, new formulas for even cleaner burning fuel will beused By November 1494, the City of Denton, along with the DPW four-county area, installed stage two vapor controls at all gas pumps and fueling centers Stage one vapor \ controls, related to bulk refueling of underground storage tanks, was required in 1942. 4. National Low-Emission Vehicles (NLEVs) The City of Denton began conversion of a portion of its fleet vehicles in 1995, from gasoline to compressed natural gas. The City of Denton also has a battery-powered vehicle in its light-duty fleet, s. Nitrogen Oside Ruff for Point Sources Under the 1990 Clean Air Act Amendments, NOx (nitrogen oxides) reasonably available control technology (RACT) should have been applied to all major sources of NOx unless a demonstration could be made that showed reductions in NOx would not be necessary to attain the ozone standard. Because the DFW nonattainment area made such a demonstration, EPA exempted the area from the NOx RACT requirements In 1994. Unfortunately, as discussed above, the VOC reductions alone were insufficient. Consequently, EPA rescinded the NOx waiver and reinstated the requirements for these rules The TNRCC developed the rules to implement the regulations. The City of Denton's Spencer Power Plant is subject to these rules, as is any stationary source with NOx emissions in the NOx Control Zone under the TCAS. The NOx PACT rule sets an emission level for NOx f c~ , 6. Crandfalhered Facilities Grandfathered facilities are those facilities which were built before a certain date and do not operate l in excess of their nameplate rating. As long as the facilities remain within these guidelines, a Title V permit (a reference to a requirement of the CAAA) is not required The City of Denton Spencer C tryIkwVlhdb CWJ1fJW4%d ilm tA1.4wmw.1 M111IL011" M EXHIBITA 3 . i 1)rufl J)enton is May 11th, 1999 Po\cer Plant has free gas-fired boilers, all of %%hich are grandfathered In 1999, the Teas Legislature adopted 1113 3011), legislation promoting voluntary permitting and controlling of grandfathered industrial facilities Using this initiative as a starting point, the WAS draws grandfathered facilities into the Tit]. V permitting process 7. White [louse Early Greenhouse Gas Emission Reduction Program The "Greenhouse Effect" (the warming of the earth's surface as a result of it 'an activities) is an increasing concern throughout the world In October 1998, the City Cc Incil passed a reso- lution approving a pledge lellor addressed to the President ol'the United States in support of the President's efforts to develop a voluntary early greenhouse gas emission reduction program The American Public Power Association I" APPA" I. through its6lobal Warming Task Force, isvvork- mv with the Administration on issues related to global cimrate change APPA played a role at both the Rvoto and Buenos Aires world confer- ences on glotr,l warming Asa member erf,IP'A. s the ('irv of Denton is taking advantage ot'this op- portunlty to support the President's program to reduce greenhouse gases By offering ;pledge letter, public power com- panies. Includi tg Denton Municipal Electric. %011 be able to patticipare in the development ot'a :u- tare emission reduciiors program and receive credit for its pamcipa- Nnn 8. Otone Alert Program lheCit> ofBentoninsti- tuted an Otone Alert Program in 1091 Des- ~ . i►nated representatives t ► within the ('ity mcelve a irJt rtd r l;t\ 1'f01I1 the North Ccn- xe d iI ♦ abed Fran the nal lctas Council of \ . _ Oovemmeuts the aftet- noon before an ozone day has been ptedicted Figure 17,7 l he Greenhouse Effect ExulBIfA tr r \III FamiadIl•nq+y.mI'i.m lnJmnmrnld %lunq, mrnl 1 ~ 1 Draft -MAKIMLI-922 w 14.4 14 1 5~ 74 S1 %6 14.2 14 1 140 W 02 139 13.8 50 ho, 13.7 )is 48 ' 1 1860 :.1 1900 1920 1940 1960 1980 2000 Figure 17.8 Global Average Temperature No ices are po ted throughout the City indicating that the foaowing day will be an ozone day and that appropriate measures should be taken. These measures include refueling vehicles in the After- noon instead orthe moming, carpooling, limiting the number of vehicle trips, running grounds equip- ment (lawn I flowers, uced eaters, eta) in the afternoon instead of in the morning, etc. In addition to the Ozone Alert Program, the City developed a guidance docu- O men: for the various departments rilun the City as it relates to ozone reduce 'f' tion in conjunction with City fuixtions. For instance, on ozone days, fleet 0 services only allows refueling of City vehicles in the afternoon, (An exception is made only for fire and police vehicles ) Policies for operation and mainte• nance activities etc also outlined The Oz me Guidance Document is attached at the end of this document G 9, Transportation Initiatives r r.. The Mayor represents the City of Denton for the NCTCOO's Regional Transportation Committee (RTC). The RTC is responsible for developing transportation solutions for the NCTCOO region. By providing more efficient transportation alternatives, including a focus on mass transit systems, { the RTC can also significantly impact the mobile source emissions that contribute to the production of ozone C Nh Dtx%mdM CwW40,4vv%n rA% hveewelal blw$~W EXHIBITA 7 . ICI t Dr: f 1 The Citv of Denton offers a form of mass transit through its SPAN bussing program. The number of citizens utilizing this system continues to grow, along with the number and frequency of routes offered. The City's Engineering Department also focuses on better transportation routes, including pedes- trian routes and a veto web, or bicycle paths (see "The Street") By encouraging its citizens to walk or ride bikes to work and school, vehicle miles traveled can be reduced along with the emissions accompanying motorized transportation. B. w&J As Texas grows, and ,Wore specifically the City of Denton, water supply and water quality issues will soon dominate the environmental debate. The City of Denton is taking aggressive steps to insure along range supply of water with a focus on water quality protection. To protect our potable water, many issues must be addressed, planning not for just the next year or two, but with a planning range for the ne.t thirty to fifty years. 1. State Willer Plan In 1997, the Texas Legislature passed and the Governor signed into law SB 1, a comprehensive approach to water planning. Among other Issues, SB f provided a framework for the state to develop a statewide drought contingency plan that incorporates water planning through the year 2050. (This is a significant departure from traditional 30-year planning.) The state is divided into 16 regions for planning purposes The City of Denton falls into Planning Region C. The Cty's Assistant City Manager for Utilities represents the City of Denton and other small municipal water suppliers on the Region C Committee. The ACM for Utilities also represents Region C for a joint committee between Region C and Region D, the area immediately to the east of Region C. Because growth within Region C will demand more water supply than the region can provide, negotiations for possible future interbasin transfers from Region D are beginning to take place. \ 2. Resenoin a LAWA vs B1 IA The City of Denton, as a part of a joint of fort by the Corps of Engineers, the City of Dallas, and other entities associated with the „ lake, initiated an environmental assessment of Lake Lewisville(Figure 17.9), The North Central Texas Council of Governments (NCTCO(3)is coordinating the project The study will consider the impact of the differ- ent uses of the lake on water quality, includ. r r ing water sampling and analysis of SITBE (Slethyl Tertiary Butyl Ether), an additive ofreformulated gasoline. (As residents in a nonattainment area for ozone, ready all dHv. Figure 17,9 Lake Lewisville C.Nv Mk%wb CmgvAMq%e PW lwI hvMWNlet%I eIPWN EXHIBITA e U raft Denton ContoreherlislyO Plain Miay 11th. 1999 w ers utilizing iH 33 between the City of Denton and the City of Dallas will use reformulated gas. MTBE impacts are of particular concern because IH 35 bisects the lake, subjecting the lake to a sie dficant dose of Ml BE. And, like lead, TITBE is not soluble and is relatively heavy. Because MTBE is a relatively new compound, its environmental effects are unclear.) b. Lake Ray Roberts The City of Denton and the City of Dallas, in conjunction with the Corps of Engineers, a -I ! e yrl` constrtictod Lake Ray Roberts for additional flood storage and water supply A pre-h- poundment envirortmtntal study, conducted by the Institute of Applied Sciences, Uni- versity of North Texas, outlined the envi- ronmental parameters of the tributaries to the lake before the lake was built Post-im- poundment studies are conducted every five years to monitor the impact of development around the lake on water quality. Thestudy Figurel7,10 Ide DuBois Park at incorporates about twenty sampling stations Lake Ray Roberts and utilizes satellite surveillance to relate land use and development to water quality. j The Cities are currently conducting a "carrying capacity" study to determine the impact of additional recreation use and development around the take. The study will be used as a growth management plan for the take. For instance, the plan will indicate how many boats J the lake can tolerate before water quality is negatively impacted. This information will be 1 used as a guideline for determining how many marina slips will be permitted on the lake. By establishing development guidelines prior to the lake being fully built-out, over-developmex.t ' and consequent degradation of water quality can be avolded 3, Tributaries and Watersheds a Clean Rivers Proytatn The Texas Natural Resources Conservation Commission administers the Clean Rivers Pro- gram through the Trinity Rivet Authority (TRA). The purpose of the Clean Rivers Program is protect the water quality of the rivers throughout Texas. Through the Clean Rivers Program, the City of Denton is conducting a study of Pecan Creek to determine the impact of the City's wastewater treatment plant's effluent on the water quality for Pecan Creek. As part of the study, a "reference cove" • a cove without any effluent impacts - will be studied for comparison with Pecan Creek and its associated cove By studying three coves at Lake Lewisville, two without any point source contributions, the d City will be able to determine its tffluent impact relative to water quality. The study will indicate what load Pecan Creek can absorb from the wastewater treatment plant and not negatively impact the tributary. The resr:ls of the study will guide future disposal of waste- water effluent. C.DlrUkvmudsCwMedimd~eMaiiwrlnMranA.ISfrraewrre MISITA 9 . 1 ly The City, along with other reservoir stakeholder groups 4Dallas, > Lewisville, Upper Trinity), is also con- ducting an atrazine application study for the Lake Lewisville watershed ` (Figure 17.11). Atrazine is used ex- tensively as eherbicide to eliminate an- nual weeds and quack grass from corn and sorghum crops. it is water soluble and commonly used. As a regulated contaminate by EPA, there are signifi- cant concerns with respect to health effects from high levels of atrazine in drinking reservoirs. Some of the res- ervoirs in the north Texas area are al- ready classified as "threatened" per Figure 17,11 Elm Fork EPA regulations. (Once a source reaches half ufthe Maximum Cont"- nate Level (MCI,' set by EPA, the source is listed as threatened ) The study the City's participating in is looking at atrazine levels in Lake Lewisville. By developing a model, levels can be determined and remedial steps taken. For instance, ae- cultural runoff can be minimized through user-education and best management practices, The study will also investigate residential use and contribution to atrazine levels. b. Floodptu;n Area In 1984, the Natural Resources Conservation Service found that Texas had the greatest acreage of rural tloodplain of the 48 coA tiguous states. FEMA's 1985 data shows that Texas also as for greatest acreage classified as floodplain land in id-ntifled flood prone commuru- ties lhspite the quantity of floodptain area, gealav of floodpWa in Texas has stead &j been declining. As undeveloped Foodplain be. comes scarce, water quality becomes a Sig-III Jim nificant issue. Floodplain areas act ass wa• y., z f+„ ter filter for many pollutants. inciudingsedi• PIP merit Protection of these areas is a primary concern for the drainage department The Drainage Engineer enforces the rules and regulations as set forth by the Corps with respect to floodplain protect%-n and devel- opment. Though the City is in the process 1 r of developing an ordinance that will protect the 100-year floodplain, at the time of this Figure 17.12 writing only the federal regulations apply Lake Lewisville Floodplain EXHIBITA to . L' Ni~ CktiviixfA. ['uKqn66m.ive rlm r~~ liwiw~ W 11ru ymeM 1 { Draft Denton ComorehewhP Plan May 111th. 1999 / c. TheGreent&h .F K The Cities of Denton and Dallas utilized federal funding opportunities ktA through the Corps to build Lake Ray Roberts, WX4W Part o f those funding requirements included estab• lisping recreation areas around the lakeA greenbelt recreation area, comprised of 9.3 miles worth of hike rt r and bike trails, over ten miles of river for canoeing, and an equestrian trail that also runs along the river, Figure i7.11 The Greenbelt was developed along the Elm Fork of the Trinity & Old Forest Stand River. The Elm Fork is located between Lake Ray Roberts and Lake Lewisville. un Lla,. I,i.~ r /r 1 V~A7J `t;~ Ittl Ts/ 1. ~ Y 428 Arress Point i/ )Iwhsw s.~ F A~~ \ 1 ~ r11, 1 0% A, ro \ LeOLM&' 14r r Figure l7.14 Ray Roberts Greenbelt & 428 Access Point r rf Besides an excellent wildemess/recreation trail, the Greenbelt provides long-term protection of the Elm Fork River and its associated foodplain. This area contains unique and rich habitats including a significant stand of virgin forest,bollomland hardwoods, bobcats, ducks, coyotes, and bald eagles k:M)tr~anwM1~C'mgaJ'md" Plop rw, 111NV,r11~d N.n~e M EXHIBITA II . i I 1 Draft Denton Comintrehensl May -11th, 1999 u d. The 1133 Project Associated geographically with the Greenbelt is an area that the City, along with help from the Uni ~ er- sity of North Texas, is restoring to enhance native habitat, improve water quality, and enhance flood control. The study area is located in the northern flood area for Lake Lewisville, bordering US 380 on the south and the Greenbelt on the east The project involves the Corps leasing 2,756 acres to the City for restoration and management The area ineluc!es old agricultural fields, renwant riparian and bottomland hardwoods, lacustrine wetlands, and Fi ireI7.1S Wood pucks at open water. The purpose of the project is to re- L lee Lewbville store wetlands and bottomland communities to ben- efit wildlife such as migratory waterfowl, songbirds, predatorybirds, reptiles amphibians, and mammals. This project is made possible through a program that recognizes the environmental damage caused when wetland areas and other habitat areas are degraded or destroyed during the process of building a reservoir. The initial study for the project Identified the environmental degradation caused by the construction and operation of Lake Lewisville The study also identified and evaluated measures to improve the functional stability and integrity of impor- tant ecological resources located at the lake. Asa result ofthe study the Corps and the City, with input from UNT, developed a restoration plan that includes reforestation of about 600 acres and construction of a wetland complex of about 100 acres, This project assumes extensive community involvement with the site, both with the restoration efforts and later as an edu- cation center. By involving the community, a sanse of com- munity investment in our envy. nment can be fostered. Long range plans include developing an extensive outdoor learn- ing area for use by schools, corporations, and public offi- cials e Riye Nehvork Watershed Assistance m arm (HAVE NOT YET RECEIVED GRANT) The Center for Public Service at the University of North Texas (UNT), in cooperation with the Utilities Department at the City of Denton and the Cuidad Guadalajara, Mexico, 1 is applying for the River Network Watershed Assistance A} r, Grant The grant program is designed to partner river cities ~ ` { rr v from different countries that have similar watershed issues, The grant application proposes to link the City of Denton Figure 11.16 Elm with the Culdad Guadalejara, Mexico. Fork Outlet Channel CM. rk.unwae'urhm,i"aPlan CA 4oewear+r~[wp+rw EXHIHITA 11 Draft Denton Comorehen-i'le Plan Nlay 11th, 1999 The grant application requests $30,000 rot a three-pronged program, all designed to en- hance voluntary community involvement in questions of environmental sustalnability. The three components Include the following 1) financial support for the watershed component in the May 1999 conference "An Aging Planet, An Expanding Population, A Sustainable Future, Changing Attitudes and Values," 2) development of a pilot program of senior engagement in the sister watershed ofAuadalajara, and 3) support for the development ore policy-oriented Clean Water Management study for the Elm Fork watershed. a, Aquifers The City relies on the Woodbine Key Aquifer (Figure 17 17) as its main underground water supply. (See Na- outcrop ter Services: Ground Hater Sup- phes.) Unrortunateiy,theaquifer Is ® Downtlp being mined at a faster ratethan it is being recharged Because water level declines cause an up-dip move- ment of s:.line solution, water qual. ~s^*" ity becomes an issue with excessive f°° pumping j Because on-site septic systems can ~r nxr also negatively Impact water qual. ity, the City limits such s)stems. WAU Spray irrigatiorsystems arenlsolim. ,..z., ited to lots appropriately sized for such systems. Stormwaier proration efforts also positively impact the water quality of the aquifer by Increasing deten-,..~, tion ponds, protecting wetlands and iloodplain fringe areas, and reduc- ing pelloion runoff from commer- cial sites. For instance, Permits is- rya. sued by EPA state that op•;rators of construction sites shall use best man. agement practices from the "St(wnt Miter Qualiq, Hest Aliaragemenr Prurrices for C coufrucrion Acuri• Figure 17.17 Woodbine Aquifer ties" manual This manual was ! A, , adopted by the City to control and reduce the discharge of sedinrnt, silt, earth, soil, mad other material associated with the clearing, grading, excavation, and other construction activities to the maximum extent practicable. C xit D~vw%u I.- TrAmdke Men f~rlro~nr~l/ N,nyelneM EXHIBIT A 13 Ilcrltun (unl )rchcll%iN NL1± Illhl 1991) %Nei It I I* l 11:11.111.1. I rlnullln4 ~ i 4 ~ I I1 ( 1°I{+I I I I 111 Q I111'I'I, 1111111x1, 1,1 iii l` 11.11101' 4 1111 the {vr,1.11'tl, I,1 div I CA I'll Wilct I'I,IIu• 1111I1 I"11o1 11111111+1 11 AdllnillA llk.Iel- rn', 1„IIr i hI 1111 ( 0111 ,IIG„I Ik: di'd1dI CI' .111,111, 111, 111111 t 11 VI 1.11111. II t4l, 111/1111 nu 111 0 1- Icn.lI',t.11111,hcli nndol,k1110117111 I'I the1 k1111. 11,rtr1 ll I 1 nI,l11k 01 1110.111 I \111) Iuu'l 1`t 1. , ,111 `IIIIIt'd 11\ ,111U 1111' ICIut',tllh 1111 1111„11. 1 ~ +I'I LII 11111 1111, 111 ,i II CII.IIIII 111 C11 Fi> urc 17.11+ 11ell,uul Il likkihud, li,nil I)Idu1d~C' IIIUjci 1111I.Illd 11111 Ill h.lll~l 1, flit' 1It'll It'll III cnll.l11cc111ilt 11tl\Ill Itlld ILlhlldt lalut, 111 11111' 11 11,. 1`111111,A 0U1111+1'11 b.It t I R f I'I V l l l 1'1111'111 1111'1 Illy%IAli 111 111116 cd .1, cledit 1111 I II IIt r 11111; It llm III'r.1u,c the Io A;1 i 11:1 cC dl'Id It 111011 IrfI vil mill ,t I'1 J l IId1111C1, Jill ,1111 tllN IIC'I I llnl 111 Intl ,11111 (I I1,e1111111)11 Can It ,11 1111•„ 1111141,1', Kith At l'I I,l l ld, III 11111111,11 • tfle 1111 V I I I till,'„I Ic h1111I1.111'1111,1111011411kIII'I IIlk' ,1'ItAll 1ldlIllIlIU~1;111111111110- lit, I1l'0k„dlA Alld L 11' II11111t, t 11.I'•lk',I.utl 1A,,11 Ili tlkj, Ih, i'.1•lt 11, 9ill. 1VI llllcul 1,11,111111 1 I'll, 111`1111111 Ik1111lcd hl Ill,' ( It\ II111: 0, I 11 11,11u1I1'li 111 II.IIIII.,l,ll Ill ll ICntC l 111) t"t lilt clrllI111It ,1'4'I IlIII1111-116 1111'I411IIII,IIII,{11COIKIA',.IC,IICldk,- 111 1 1 1.11 1 11111A '11111 1% ,I,1C151 II0 tl CLIIII l'tll 1`11111, Cd iltAl ,I kll'„- ll.l111 IIIli 11, [lit e II III.- III i(IIIIl1,1111, I Ilk 1c,ulh 1,1 1111' •luJ1 is 11 Ii 11 111J11kI, t11 C I Ih11y,h11h' III11 1,111• ItI1 tI' k11CJI`I I. Nil Ul lJ' I Ill. 11x1 rlillir.11111,tdctlnetl,n,tIlk illll,II'll"SlIIlliLlud, " I11,1.11 I,l•I,ll,ncl clllurnl 111,1 ulhdlt,bnlnN,1111 ' f.. I 1 1 livil'e 17.11 inure I'. 19 Wole"ater I'll I%CILIrld. 11ed; id lfunerk I1t111i'11111111t.11%1 In to, I'll fit x`11111 , 1~ J I I, 11 1) Mon 01 Mal 11111, 199 I 11c1lenl!' l'rlmillin, Ill I 11'I++ 1d I II,:IIk'l1 I1 1111, 11111 r 1+ Cul 111111.1) IN r. 1111 Ills I,Iot I+IUI1h u1111C I Clloal 1 IIrf 11,1111- III u n i 1111'1 1.1 11111'C \I \•It II I II N Idd I,CI. nut, 1+,11Cti Ill lh%' t'III " 111tH) Ihr dnell,nlc InJ 1'd~ 6.1111111 II l'll•Inll. •u c,1. 1.1111 dml 111 ln- 11'il,Ii•!a'l+1111111111ll I%voiorI I lit the( k,i 11,1101 lit 1 n1Il1cc ul Itllc'Itt I \1111 I1M1+1 he +II'{111rICd 1,1 Jf11 Hlll• IlYllll'+1111 L' 14'1 IIII++11,11 111 t~ 1 po IIII ill,\III 6 III a II. VI I,II 111 JIM I'ieurc I!t \lethuul ~ h 11rIlllud+ El,In6luk Ul,un,lgr I'10}a11v 11,11, 1Ild II I II Iv II it -I) I1d 1161111 I+ I IC kII1It 11 1It e 1111.111111 ll III I I I'l 1t 11 I, I IIII I1 11,11 \,11110+, 11' 1111111011+. Ill II ~I l1, U 0 1[1ll'l'lILi11N1 10111111 C lllrllt I ho ;Ill' N111IC'd 111 ball6l'd is YR'd1ti t0r 1 t111lr11' I1;1116Z 1110r1 HC1aIIW Il1C dlalll;lil' llrpartilloll Uflcn 111I M 1,11161 / I1dlll1k], I11r lomilkal Cr wok 111 • Mill N% 11 O'011+II1I1h0ll Call I, .II IM1I'+1,Itl111 1+l'I, N1111111'1hild, III010llhgl- IhC( Ilk 11111 IIIO+I 1G. l1i,l'It h,1 'I C i( I I'alllill,,IlC III Ng110 soil I uI 1111161111 Ill II> )III) AI rill11- 1 111' Ih'tl,.II1 111 Ilrl,ltiv I'tojcA'I+ y Y1 \1.hd~NJlt'I 11,111IlClll 1'001111+ IC I.tII .Ii,llcl Ilk pollr110If1 1, 11 lit Ilf 11,11111 Ig1yC.t tiIIIded 111 Ill It iIt i,IIIII/I Id IIll +II( 1I1d ItCII.II11 +l 't 111111111111 U I' III)I~ 1I I I It, I. II 111 t . II II +.t1I,11111,01-111, 1110 I4 r l lllt 1111. 111011•Il ldl'+. I$'a I OLI1+ L ' t ♦ I I , 1 1 11 l' 111100I1•d It•NoI. llh't 110a11001t 1,1,1111, 1'1111101 +1111 t'+~ Illlll IIit b A1' 1110'1' lll,1' I11 lh,Ihllxll+ Ills' Iesull+Irl IIIC hl11111 III 1 Il1 1110 Hill+tl ltl l011 11011.11111' dri. ht CA III M II 111 ldt1H l l+Itu1llh,110 111111,, I'•1It1111')III,lIln+IdC'lIll lc0ll+ttIlk 11111IIIM L:l'ilk. 'aIl•11CIhtli i• i . 11.11111 ,I1U 4101 1'IIIIICIII dlld III h,lII it,g)Ills Ito .1I Y ~ ITT i r A f•, ~J' t r. ~ 4 4 tyMS ril ~,.~M.a•►J',(r... ° .Y jy. y ".'+~i1)R I ~ I 1 1 •r I'i¢urc I?,2u Fi¢urr I'.I11 N;111eanlcr I'lunt 11cd,uulY ~1ctl:lnd floNCr Iminanulnl.rltLm.llnnnl k~tllhlk.l 1! 1 J C. t: f 1), aft Denton Conanrehensive Plan MAX 11th, 1922 d. Rev Roberts Wei The City of Denton, through a lease by the Corps of Engineers, is responsible for operating and maintaining the wetlands area In the northeast reaches of Lake Ray Roberts. The City will work closely with the University of North Texas to conduct field studies, analyze water quality, and enhance the wetland system and habitat, e, Sampling and : Ivsls The City of Denton, In cooperation with the University of North Texas (UNT), submitted an application and received a grant from the Environmental Protection Agency to develop on. line, real-time environmental information The project, known as the EMPACT (rant (Env£- rottmental Monitoring for Public Access and Community Tracking (rant), involves collect. ing, compiling, and posting real-time and time relevant environmental data for easy access by the Citizens of Denton, the Elm Fork Watershed, and the Dallas/Ft Worth metropolitan area via an Internet website. The University of North Texas will assist the City in the development and operation of the proposed time relevant monitoring systems and In the development of an Internet commurd- cation system. The University will also help the City develop reports, curriculum packages, trainiaag materials, and technical publications disseminating Information about the Prototype Time Relevant Monitoring System developed by the yrc ject The EhIPACT Grant's fm is is public education through access to environmental informa- tion To fur.hv That goal, the Elm Fork Education Center, located at UNT, will develop curriculum, conduct presentations, and offer workshops educating the public on how to use and Interpret real time and time relevant environmental information on the Elm Fork water. shed. C. NU More certainty Is needed in delineat• Denton ing where new development should CornpPla nBiVe and should not occur on an envlron- I mental level. By being more explicit DRAFT ` about con.4ervation and development Habitat Map priorities, targeting actions and poli- cies for better integration of the two, Q \ ,At protect sensitive habitats and en- N courage development in appropriate tlJH areas. Using this approach means us- ing land at the suburban fringe more eiiiciently and encouraging reuse of ' c land and other development opporiu- pities in alreadyd• ;loped areas. With , ~r4+r s s s rs Mon { an emphasis on biological assessment, ecosystem protection and compatible econonricdevelopment, this effort can Figure 17.71 Habitat Map 4: MYDLxvmmul':R &Mt1"PlanrM~Lu~rwN~~rwaereN EXHIBITA is . i Dri May 11th. 1999 I proOde much greater certainty to both those nho cant to develop their property and those svhu want to protect Ilie natural environment Such an approach significantly supports sustainability of the City's land and ecosystems I 1, llabitat 'I%pes Associated ssith Certain Soil Conditions The Denton area is dominated by four pral[lo Tj , habitat types ssetlands, bottomland tbrest. prairie, and uplands lbrest We- include Lake LessisvMeandTake rrj lands Ray Roberts shorelinchibitatandman- 1 made ponds such as those in North Lakes Park (See 1*ihurds in the Wa- ter section above 1 Wetlands proside vahlable cotter and feeding habitat for %s atcrtbM and other species Bottom- " z land forest area is associated ssilh the tloodplatn areas and contains rich soils Some oflhesc areas hate remained un• deseloped because o frequent flood. Figure 17.22 Vegelatise Classes ing Trees include primary bur oak, 00 r` r Shumard oak, hickory, walnut, and pecan t - a 1 he Grand Prairie area, located in the ssestern half of the County, has been al- tered more than any of the other habitat areas Because the loam and clay loam soils are conducive to crops and grasses, nearly all ofthe prairie area has been con- voted to cropland and rangeland. The up- lands forest area, or cross timbers area, is 1 associated with sandy soils and contains trees such as Post Oak, Live Oak, Red rr- Bud, Cedar film. and Blackjack Oak. This habitat has also been significantly altered ~s due to the harvest ofoaks Isle du Bois State Park (Figure 17 l0& Figure 17 22) at Lake Ray Roberts is an example of a t-i~~~ 1 Y - ~--~---""---r cross timbers habitat , Boll Texture Classes In HW Denton Figure 17,23 Soil'lesturr Classes in Northeest Denton . l \t~rF~,v.niait.CnryJiJiarr'Ptrikmirnnmrnl~l\lrMlrmrM EXIIIBITA 16 i I r. ,III f n of of + I < < +n \Nhv l l b, 1999 I !'ollclc~t 110~clopment pmdicics Dill empha,iu cm im mimul rmarenc.s. pnmwu• the ethical use ot'natural Ie,l~llre es. 1110 eneollma ge ills prescrkatioll UI Ifal lkc lwhltai k1, I m iron ilvii(d protWion skill be an intov,,d consiuerauon in the dekcl0pment ot'palieics cunerrning ecan0nlie gro+Ith and a,1mmunity deselopment the ('itk Ikill 041Liue 1110 saluc and I'llllill011 Of tile n,lulrol ensironinenl and idenlit) areas Isith unilluc cc04lgica1 slgrliliauur It. Appropliate protection measures and management techniques will be used to minimize harmtlll dlscllarccs dinrctls lu the cmirunnlcnt i S1lc-speM!v 114(ilion comitol Iechniqucs skill be haled un the enkironncentul Siunitlcance ofthe area .Ind the pollolion potcnlial of the dekclopment L I,n, ilonnlcu1,11 nliligatiou trill he considered for deselopment in areas ofecoiogical significance (i. Ik kclr prn0nl policies II i l estublislt the equil,tbie distribution and use of nalurel Iesoulces fl. I he ( Its ul' 1 tenloo will talc a leadership tole in shalliug and impl0m mMy federal regulations and 11061,1111, fug vkMvl (111,110 issues including stormukmcr discharge and erosion :ontrol ll; 1;6111 17rrrlir,Kfkrs 1. H OSN "01 01 11 %4SAWAILN r s IA17 Ikntmi skill be a Ic•pnnrihle stmird of the natural CM lromnent.ulchasimpnuingair quaiih.kkat0rquality. ' c011s0 0161, rcaoso".OrIIld, skater. etc 1. and reducing 1 solid ssastes the city gill uotl, with rkgioaal, state and federal a6mwics and neighhuring jurisdictions to suikc tor improkcmcnis in the quality ofthe C ity's and region's natural emironnimt the its skill consider cnkironnlcnral impacts of plans. programs and regulations in regard to prolvoing the region's n;rtutal . ~ rnsironuunt Ihnlon \kill hak c strung rcwurccconwi%aiion programs Figure 17.24 1.lrn Fork including energy-, skater. natisc and restated skfldlif0 ilebital areas, witsltls elands and urban forests Eucrgy I ~ i .l~.a. .I'I,ulmtraumnl.d+lane~rroim f~111BIfA 17 s v. I Draft Mas, 11th, 1999 4 conservation v%ilI bean Important component in our management programs, including electricity, natural gas, coal, and other forms of fossil fuels, as well as alternative sources of energy such as solar and wind Wat •r conservation will be promoted through educoion programs, incentives, design standards and regulations, use of native, drought tolerant plant species, and the fee structure. Preservation and restoration of our sensitive lands and habitats requires sL ing governance and programs to enable development and administrators data relevant to sites. 1. Goals Develop conservation and development priorities by. Providing the City planners and decision makers with a method to systematically Identify, evaluate, and synthesize various environmental attributes; Using assigned ecological values to determine what type of growth Is compatible with each habitat area Acquiring and preserving open spaces considered to be of high value by the City of Denton, Requiring proposed developments to protect the natural resources associated with the development site to the greatest extent possible; / Encourage "Green Builder" standards, and. Expanding the public education program 2, Strategies I The City of Denton contracted with the Uni- versity of North Texas (UNT) to develop de- scriplions, rating criteria, functions, and val- ues for local and regional habitats The ob• jectke of the Ecological Values Project is to pruvide the City with a method for system. atically identi6ing, evaluating, and synthesiz- ing the various environmental attributes is. sociated with a particular piece of land. The Project considers ecosystem services (air , duality, water quality, stormtvater treatment/ food control, recreation/trails, wildlife habi• lat, fisheries municipal economic benefits, and rehabilitation need) and ecological goods f (aesthetic values, heritage attributes, native Figure 17,25 Elsa Fork Rail Crosdng r r, species, core habitat, connectivity habitat, and restoration need) Once criteria and values are assigned, the City can identify what areas are appropriate for what typesofdevelopment, conserving thlmost critical environmental resources while permitting more intensive development of lower prioritized resources. C ~h U.ainrnl, h~ryn.lim•Iri }'tun 1mlruanrnW ~fwpn.d EXHIBIT A IBM c, . +a on ComiDireheitsive Plain MAX 11th. JIM The first task of the project has been completed By utilizing the scientific and technical expertise of UNT, literature related to ecological valuation (particularly on the city and county government level), has been reviewed and used to develop a framework for Identifirig and prioritizing various habitats. The secoW task is nearly completed. A draft list of ecological functions and values of the Immediate area is being reviewed and refined. Once this is%k is completed, associated geographic information system (OIS) layers can be developed. By adding these different ctteria layers together, habitat value can be immediately identified for any piece of property within Denton County By utilizing this approach, development will be Integrated Into the natural landscape by directing it away from sensitive natural areas and by applying Innovative planning, design and management practices, such as protection, buffering and mitigation, when such development occurs in close proximity, to sensitive natural areas. The City will develop effective partnerships with the County, 4 other governmental agencies, and the private sector for the protection and preservation of Important natural areas. Establish values and rating criteria for various ecological functions a5toclated with a specific area. Develop associated geographic Information system layers indicating different ecological values to determine the most suitable area for development. Identify and describe ecological values as either "ecosystem services" (financial benefits) or as "ecological goods" (less tangible but still has benefi- cial value) Rata each habitat area based on site characteristics and value of that characteristic. Broader use of mitigation banks will facilitate market-based compensation to landowners that choose to help protect environmentally sensitive lands. Especially in difficult econorric times, real estate developers and lenders know that certainty of ' approval and availability of fefrastructure, rather than speculative leapfrogging, will reduce costs and t+rocessing time Therefore, new real estate developments can be brought to market more quickly and inexpensively within areas where effective consensus plans for conservation and devel- opment have 'peen created Relate ecological values to the growth Management Plan to determine what areas are appropriate for what type of growth. Implement adequate facilities requirements. Require an Environmental Impact Analysis fat the site, For developments In areas with high eco- logical values and services (environmentally sensitive areas), require appropriate management pro.. tices including any necessary mitigation actions. Enhance clearing end grading requirements to minimize erosion, elinunate cleat-cutting, reduce sedimentation, and reduce fugitive dust (airborne particles) I+mkmm,"A cmitkaidw t'Iailn4o~nrwl~fwrwM BXHtHt1'A 14 . ~s pr f 1999 w S B c11B Denton will continually improve its air quality as the City grows, through comprehensive programs, policies and implementation Strong Strategies will be applied to address the following issue& motor vehicle emissions, commercial and industrial pollution, wood smoke emissions, street dust, indoor air quality and visibility. 1, Cods Encourage public transportation systems and efficiencies. Develop policies to reduce ozone concentrations from mobile and stationary sources. 2. Strategies Adopt density and development standards that increase population density (See UrMi Uedgrr Tcvid Use Seell(mis) Develop pedestrian transportation routes such as a "velo web" to encourage bicycle commuting and connected trails to encourage walking (See Urbato Ueslgrr cuk/ Me Sfreef Section) Enhance public transportation alternatives. (See Ranywrrarlon Section) C C. NVATEto The •.jlue of tributaries and watersheds, until r&ently, has regrettably been overlooked. However, the Texas Water Development Board recently published {finer for Texas: A Conmumis - Hamm Update to fhe Rate Raw PAVI. This publication acknowledges the importance of the rivers and their related it watersheds A watershed approach to water quality will be taken that conserves stream corridors and other water r < bodies as natural and managed ecological systems and as critical wildlife habitat Water quality will be protected and monitored to ensure high standards, addressing all forms of water resources such as drinking water, streams and water bodies, stormwater runoff, ground water and wastzwater treatment. C.;<1r U.VtkMXCM1r1J1mely# Plan FAtiM WANT xrwran VA tXHIBITA 20 i c 3 Draft May lltlts 199 A 1, Goal { Preserve tloodplaln areas to Improve water quality and maintain toodplain habitat. 2, Strategies Implement and enforce floodplain zoning restrictions, including development restrictions and use of greenbelts and other low-Intensity land uses. Comprehensive guidelines and policies will be applied to manage existing and proposed develop- ment adjacent to floodplains or bodies of water, to minimize Impacts on and restore the riparian ecology and to minimize hazardous conditions associated with flooding i Expand city limits to include entire Greenbelt corridor and 113$ project area Acquire and preserve 100-year toodplain and conservation easements Coordinate with the Parks and Recreation Department to develop greenways and trails along the floodplain of tributaries. Use measures to minimize stormwater runoff that significantly improve environmental impacts D. W L 1. Coal Encourage preservation of open spaces 2, Strategy Recognized as a requisite to a healthy community as early as the Middle Ages, Sir Thomas Moore included open spaces in his visions of utopian cities Our neighboring county to the east, Collin County, established an open space plan in 1986 with a priority on acquiring native prairie, lakeside recreation, and riparian habitat corridors Denton, like its neighbor, will continue to acquire and manage land and water to preserve, protect and enhance important natural areas. Denton will have an integrated system of publicly owned natural areas to protect the integrity of important conservation sites, protecting corridors between natural areas, and preserve outstanding examples of our diverse natural environments The City will administer and strong program to acquire and manage important natural areas that preserve wildlife habitat and native landscapes, while providing opportunities for education, scientific research, nature interpretation, art, fishing, relaxation, wildlife observation, hiking and other activities which do not require a motorized vehicle. We will actively protect, manage and enhance our natural stream corridors and other waterways as A natural ecological systems, Important wildlife habitat and accessible recreational areas. f f ( Conservation ofother habitat and open space, such as prime agricultural land, will also require us to find creative approaches. l' All SAaumedn CunM,hmwlu~ Plim la~In,INleaI+~ Al wpireM EXHIBIT A 11 i i Draft Denton ContureltensIve May Illh, 1999 Section 26 Public Involvement L- I ►zrlrodurdon Technical competency, innovative approaches to challenges, and equitable policies are important aspccls of the Denton Plan. The best-lold plans for any venture, however, will never succeed without the commitment and involvement of lod, 11 *1111-, OPEN Ito atlyone whip 4'.% - its participants. Public involvement is a cyclical process that includes three primary forms of communication - notification (we tell you A's'W. Creative an planfling about it), education (wc explain the options to you), and par- ticipation (you tell us what you think about it). Cities have I raditional ly shown a tendency to concentrate efforts on noti• !icalion and participation, As is true in many areas of spe• cialization, city planning and development Issues have be. co me Inc reasinglycorn pic.x. Education hasrecently been tce- ognized as a very important process if citizens are to be em• powered to make well-informed comments and decisions. Determining the appropriate level of public involvement for different planning processes is not always easy to determine. By slate law, the City is required to post meeting agendas, notify adjacent property owymerq,andholdpublichearingstohea -public comments Wore decis',mnsare made. Alegalistieview of public involvement Is often too narrow to Involve those affected byplanning decisions. Local proce• duns iliat extend beyond the minimums set by state law need to be considered to meet citizen expecta. lions. The City recently changed its public involvement procedures to in.-, rove nolification for zoning- rclated public hearings. The law requires notification for zone changes and other similar matters to property owners within 200 feet of dre subject property, The City has expanded on this requirement by notifying residents outside of this legal Doti fraation area as a courtesy and through posting of signs on the , subject property. The new measures were carefully rvaluated todclermine that the benc6tsofimproved r notification were at least roughly proportional to the cost ofproviding the notice. Other opportunities to improve public notification, education, and participation should be explored and developed. Policies r F 1, \ t, A. City of Denton stakeholders should be Invited to participate in all stages of the planning processes conducted by city government. City slafTwill design public involvement procedures thil actively en- gage stikeholdersto participate In city planning. This approach should extend beyond planning Into design and project-specific activities. Charettes, which are used to Involve groups ofpcople In project CnM~Due~menuKompeAen+heM~n',Prblkfn~obemeni is\IllHtl'A I, . a t, Draft Denton Comarehensive Plan May 11111, 1922 design, and demonstration projects should be considered to obtain citizen input before major projects are implemented or to introduce innovative design concepts. H. Tee public involvement process should be structured to take advantage of the opportunity to use the planning process as an educational tool. The Dentoa Plan is or only limited value if members of the community do not understand its contents. Development concepts can be highly technical and complex, and the Plan should define and explain items that are unusual or unique, and that may not be easily comprehended by the general public. C. The use of d, iferent types of media should be explored to determine the best way to engage as many City stakeholders in the planning process as possible, Television, newspapers, newsletters, meetings, speaking engagements, publications, resource centers, and other options should be utilized as appropri ate to communicate with as many stakeholders as possible. 1). The public involvement procedures used by the City will be coordinated to avoid communications "over-saturation Ill, Publle volvement Objectives Public Involvement entails participation in planning processes by people who are not pruressional planners or government officials. It is a process used by stakeholders to review, discuss, debate, and influence the development of public plans, regulations, and development projects. Citizens In Denton currently participate in planning and decision-making processes, and have consistently shown interest in many community Issues. Public involy;ment encompasses individuals, interest groups, organizations, government agencies, and c,rporations. Citizens are afforded the opportunity to participate in planning for several reasons; I A. Our system of democratic government guarantees citizens the right to have a strong voice In all matters orpublic policy. y 11. Citizens often provide needed information to develop, malntaln, and carry out effective public policies. C. Local officials need connmcnis and Ideas from those who will be direcuy affected by proposed policies. r' b. Citizen Involvement educates the public abcul governmental Issues. hcreatesaninformedcommu- t t< . G nitywhich,Inturn,leadstobetterdecl*.lon-making. V. By giving citizens a sense orempowennent and ownership In the development of policies, plans, and projws, a higher level of public participation and consensus in governmental decision-mal.'; g h pos- sible. CMy [hsumenb'.CbmpieAen+I.e PIMINtne 19*011eeeal tXlllUil'A 2 . , t , c, Draft Denton Connoreliensive Plan MAY 111th, 199 Ilk F. Citizen involvement isan important meansofenforcing our land use laws, Having citizens Informed about laws O-Ot affect them and acknowledging their right of access to governmental processes ensures that the laws are applied properly. IV. PubY•e Involvenient Planning The most effective way to have Wong citizen involvement Is to have strong planning for citizen involve- ment I)asicatly, a successful public part icipation procedure must be care fully designed and managed. Goals in this area include: A. Public involvement should be managed asa major element of the planning program. 11, A public participation procedure should be devised for each major action and for land use decisions to address important community issues. C. Develop and use formally established procedures to ensae appropriate levels of public notification and involvement. 1). Provide timely and accurate informa?ion to me nbers of boards and cornmi~.-io vl to improve the quality of public decision-making. L Maintain a registry of stakeholders, interest groups, and individuals with expcnise or interests in 1 specific processes or areas. Make sure appropriate information is continuously distributed regarding projects, plans and development codes. F. In recognition of the cost of public notification, education, or participation, resources should be allocated when necessary to implement new involvement processes. G. The current process used by the City to openly recruit members of the community interested in seningas board or commission members should continue and be cnhnnc a as necessary. Such volun- tcersshouldconlinuctoberecognizedfortheirvaluableconl ibutionoftime andexpertise. Y Public Nollfrcadvir Iliemost common complatntfromcititens about gave mmentis"Nobody told usl" in spite of city Wong to inform citizens of public matters that may affect them, people do not always gel the Information they want. Some forms of media are required bystate law, and do not always impart Inrunnati^;I eitectively r' to the general public, Traditional notice and hearing procedures should be disc; se to truly inform the entire community about on issue or importance. l`1i11t tFxumenu~r'ornpvAenflreMmVebtk let ot.emeel FXHIBITA 3 . I c t I l w Draft Denton r Conwrehensive Plan is 11th 1999 i The following may make the message heard more widely: A. Notices and information should be sent to the people most likely to be affected. Notificationproce- dures should not be limited to the mini mum requirements of state law. ' I N. Notices should be posted inconspicuous places such as public buildings, community centers, public gathering places, the affected property, or any other location visible to large numbers of people. C. Public information messages should be clear, simply stated, and supported with photos or illustra. tions when appropriate. ' i 1). Newsletters regarding community planning issues, major projects, upcoming meetings, and other j mattersofpublic interest should be regularly distributed. I E. A speakers bureau should be developed, listing city officials and other well-informed persons available and willing to speak before service groups, clubs, and school classes. i F. Information on public involvement and participation should be made available for newcomers io the City at high traffic areas of the City, in high visibility locations. C. A strong working relationship should be maintained with local media representatives to provide information for public circulation. Public Educarlorr When major planning tasks arise, the creation of an ad hoc task fore or advisory committee should be considered. Resources should be adequate for the job, including city staff support. The following are means to educate the public: A. Briefings or roundtable discussions with key community leaders and stakeholders should be con- ducted, B. Summaries of new policies and regulations for the people and groups who participate or testify in development proassshould beprovided, Explanations of the findings made by decision-makers should be made to help people to understand final conclusions. C. Local schools and leachers should be contacted to get students Involved in planning and participation , try r; on government. Many very successful curriculum modulo have been developed for use in classrooms of all ages and sizes. b. Specific explanatory and educational materials should be developed using a wide variety of tnedia to let citizens know more about the processes involved In planning and development. The public access C:AYD%umenaKbmpnhemheman' P1MkWON ,nni ExilinlrA 4 . t, c, Draft Denton Comorehenalve Pig May Ith, 1999 e. channel could be used to televise several outstanding infonnationpi tapes that address growth and devel. opm en, issues in an objective manner, y!, Public Pardelpallon A common criticism of government is "You did not listen to our concerns", The following strategies should be employed to receive the public comments in a fashlon that allow clear communication and constructive use of input: A. Public meetings In neighborhoods should be s requirement prior to scheduled public hearings for zoningchanges. D. Meeting places should be selected that are clean, safe and secure, are handicapped accessible, and have adequate offstreet parking. C. Public hearings and neighborhood meetings should be scheduled to avoid conflicting events to the extent possible. t►. Telephone surveys, mail surveys, or door-to-door interviews should be considered when community views are needed to gage common ity sentiment regarding sign! ficanl issues, E. Guest speakers from interest groups or other agencies should be Invited to make presentations to the planning staff, public officials, council, boards, committees and commissions. F. Town hall meetings, workshops, charettes, and brainstorming sessions should be considered as alternalives to audience meetings when appropriate, t C. Written records of public comments should be made part of the public record, and city staff should indicate a response to each comment, w cwlyWtOMRAt C*Wft4WM11veM OMWk101OIVIMIDI EXHIBITA S . i ty i ! ~ I AW* 1 ~ I AGENDA INFORMATION SHEET I I AGENDA DATE: May 11,1999 j DEPARTMENT: CMO CM/DCM/ACM: Rick Svehla, Deputy City Manager SUBJECT: Receive a report, hold a discussion and give staff direction on traffic/pedestrian j safety improvements for Bell Avenue. ` j BACKGROUND: For about nine months, the City and TWU have been looking at ways to improve traffic flow and pedestrian movements on Bell Avenue from Texas Strut to University Drive (U.S. 380). We've had extensive discussions with TWU about improvements to the signal system and removal of parking and installation of medians on Bell Avenue to make improvements for both modes of transportation. OPTIONS: Recently TWU has held meetings for public input. The options are to have Bell Avenue operate as it has or to make the improvements. RECOMMENDATIONSr Staff would recommend removal of almost all the parking on Bell 1 Avenue, changing the location of signals, building medians and changing some of the sidewalks that lead to cross walk areas. ESTIMATED SCHEDULE OF PROJECT: The estimated schedule of the project would be summer and/or fall of 1999. PRIOR ACTIONIREVIEW (Council. Boards. Commisstoals N/A FISCAL INFORMATION: TWU and the City of Denton would share Cost of the median improvements. The signals would be moved by the city, TWU would pay for all the landsca; ing of the medians. BID INFORMATION: N/A t EXHIBITS: Map Mara Respectfully submitted: ck Svc a Deputy City Manager 1 t i II i i i I a. CITY OF DENTON, TEXAS OFFICE OF THE CITY MANAGER -215 E. McKinney slnet•Denton,Texas 78791 MEMORANDUM DATE: May 11, 1999 TO: Mayor and Members of the City Council FROM Rick Svehla, Deputy City Manager SUBJECT: SAFETY IMPROVEMENTS ON BELL AVENUE For the better part of the year, TWU and staff have been looking at Bell Avenue and how to improve traffic and pedestrian movement and, at the same time, make them safer. Attached is a map that shows the latest concept plans that have been developed jointly. These plans have also been reviewed by our transportation experts. The plan provides for three concrete medians that run from University Drive to College Street. It also calls for the relocations of signals to Chapel Drive and the removal of the mkt-block signal at the multi-purpose classroom and laboratory building. The plan also calls for the removal of all parking on Bell Avenue with the exception of a small amount of parking near the Redbud Theatre which Is now angle parking and would be changed to parallel perking and; thus, eliminating any conflietwith traffic. The addition of medians with the moving of the signals to full blown Intersections would produce a safer area for pedestrians to cross. We would also install a full crosswalk (markings) at the intersection of College and Bell Avenue. These three locations would provide for safe movement of pedestrians with responsive signals at both Chapel and Administration Drive. TWU would also change the movement between Administration Drive and Oakland Street to one way westbound. The Installation of the medians would also allow left-hand bays to be designated at Chapel, Administration Drive and College Street. as well as a left-hand turn bay using pavement markings at Texas Street. These improvements will help move traffic now more appropriately. In fact, the actual capacity of Bell Avenue Is Improved with these configurations. The Improvement comes from elimination of unprotected left turn bays and the removal r,1 parking. The Installation of medians also requires right turn only from several driveways almg Bell Avenue that are used exclusively by TWU; thus, limiting conflicting movements. 2 WWW CibofdyRbn, 0081 Welfoj Ia ~1kJfily "s-P, fee" i #1 Memo to Mayor and Council Members May 111, 1999 Page 2 1 TWU and staff have also worked diligently to find equitable ways to fund the p eject. We are recommending that funding for the medians and the pavement markings be spits batween the City of Denton and TWU. The City would move and reinstall the signal at Chapel Drive and make changes to the cycling at Administration Drive. The City would also agree to remove the pedestrian signal at the MCL building. TWU, besides funding their half of the medians, would agree to make all of the improvements to the landscaping in the medians and would be responsible for the maintenance of that landscaping. We estimate cost of the project to be about 5100,000. Ths City's share of that Is estimated to be approximately $50,000. The Oversight Committee will be considering recommending to the Council funding of this project at their May 17th meeting. Staff would recommend this project and propose to bring back fundho options pending the Oversight Committee's recommendation. If the Oversight Committee approves the funding, staff would bring back an Interiocal agreement with TWU to be considered by the Council at a future meeting. If Council has further questions, I'll be happy to try and discuss them with you at your conv Rick Svehla Deputy City Manager RS:af Attachments Cc, Michael W. Je: City Manager Jerry Clark, Dire Hor of Engineering & Transportation i r WW ftftm%&= r TEXAS WOMAN'S UNIVERSITY Dentoli / Dallas / Houston UNIVERSITY DRIVE IlfINRNN a, &LJjj _ STUDENT CENTER ~ ~ .PJNE S TODOAR ;MlrH CARPOL tAR~ CPO NIA` I MCL aEDB~. ~ ; TrtE R ^ II~L.f' N'I~W'N ~ OLD MAIN I H~'JSF , l J PKAEER _ 1 _ HALL fi w b "AD NC ft df W f,YM IAEi BRALLEY ' ANNEX c~ ® CC1tttC M T stuDtr~t i _ "7~ ~i torso clap t TEXAS WOMAN'S UNIVERSITY Denton / Dallas / Houston R UNIVERSITY DRIVE DANCE k GYM LAB. ~y~1 d HINENlN! C ST TEP :ENTt'R ~ ,YJNE 5 fitil~fNfN o ST(=AP ,AAITM CARPOL 1ARh ~ i mRF GFd ° MCC PEO BLI THEATP OLD MAIN. HOSP ~ , N PIONEER zu i ALL o CE J - s TTT1'~. / . fLf CD 0 R't~R E I STLIDE STUDENT TF 11~C CTPFFT TEXAS WOMAN'S UNIVERSITY Denton / Dallas / Houston UNIVERSITY DRIVE 10 OC ARM S ETER JONES HALL %DiAK w STUENT ~}11}}}}C STODDAR ROL - CFO I~fi~l~ M~,L ~w ~ wy THEABT E m OLD MAIN ~g n HOSP. HUMAN i ~ OEVEL. a i; BLOC. 6HALL UNOERCRAD. SCIENCE i LAB. i i p [ BRAL LEY ~n _ ANNEX Qf C= p y a STUDENT i A kw 4 ar.ra ~wwv.ew+Mnwwm+a«+ t irr" RAO om ~ AGENDA INFORMATION SHEET AGENDA DATE: May 11, 1999 { DEPARTMENT: Water Utilities JJLL__ ACM: Howard Martin, 349.8232 71►"` SUBJECT: Receive a report, hold a discussion, and give staff direction regarding the City of Denton Hazard Reduction/Elim!nation Study for the Water Treatment and Water Reclamation Plant Facilities done by Carollo Engineers. BACKGROUND: The 1996 Clean Air Act Amendments will require all facilities that transport, store or utilize certain hazardous materials to develop Risk Management Plans (RMPs) by June 21, 1999. As it part of this process, the city of Denton hired Carollo Engineers to evaluate hazard reduction recommendations for both the Water Treatment Plant and Water Reclamation Plant facilities. Their report (Exhibit 1) also evaluated hazard elimination alternatives for gas chlorine or anhydrous ammonia for the Water Treatment Plant. The study prepared by Carollo Engineers evaluated the economic and risk trade off issues associated with these alternatives as well as their recommendations. The background information for the project is included in the Public Utilities Board September 21,1998 Agenda and backup (Exhibit 11). , OPTIONS, 1, Develop a Risk Management Plan and continue use of gas chlorine, anhydrous ammonia, and sulfur dioxide. 2. Eliminate the use of these hazardous materials and convert the existing facilities to alternative chemicals that potentially have less hazard potential, RECOMMENDATIONS: Staff recommends the continued use of gas chlorine and anhydrous ammonia for the Water Treatment Plant. A new chlorination storage and handling facility Is recommended that would include provisions for containment and scrubbers for the chlorination system. The Water ' Reclamation Plant will have a separate study performed to evaluate UV disinfection as a part of e rr,; ' the plant expansion process. This study was presented to the Public Utilities Board at the April 19, 1999 meeting. u FISCAL INFORMINTION: The FY1997.2003 CIP Included a project for Chlorination System Emergency Gas Scrubbers (Exhibit 11) for FY 2000 in the amount of $500,000. Staff proposes eliminating this project and I planning the new chlorination facilities for FY 2002.2003 to coincide with the ozonation project. The budget estimate for these facilities is 51,765,000. Respectfully submitted: Tim Fisher Assistant Director of Water Exhibit 1: Hazard Reduction Elimination Study Exhibit 11: September 21. 1998 Public Utility Board Agenda Item Exhibit lll: FY 2000 CIP Project R r i G: .f f'~l J',r\ 4 2 i I i PUB AGENDA I ITEM NO. s DATE PUBLIC UTILITIES BOARD AGENDA INFORMATION SHEET AGFNDADATE: Sept.21,1996 DEPARTMENT: Utility Administration ACM: Howard Martin, 349-8232 SI Consider approval of a professional services agreement with Carollo Engineers for Haeard Elimination Assessment and Risk Management Plan Development in an amount not to exceed W,470.00. BACKGROUND The 1996 Clean Air Act Amendments require all facilities which transport, store or utilize certain hazardous materials to develop Risk Management Plans ( RMPs ) by June 21, 1999, These regulations will impact the water treatment and wastewater treatment plants since they both utilize listed hazardous materials at their facilities. In anticipation of the potential for public involvement and concern with this issue, staff has been working to develop RMPs for these two treatment facilities and to evaluate alternative disinfection processes to eliminate onshe storage and handling of gaseous chlorine, anhydrous ammonia, and sulfur dioxide. The intent is to provide the Public Utilities Board, City Council and citizens of Denton with better information concerning these alternatives and to establish future direction for capital planning and preparing operating budgrts. The engineering services contract with Carollo Engineers is designed to accomplish Iwo goals. The first is to evaluate the economic and technical merits of existing alternative disinfection technologies to eliminate hazardous materials at the Spencer Road Water Treatment Plant. The second is to assist the City of Denton Water Utilities staff in the development of RMPs to comply with the 1996 Clean Air Act. The process for the selection of the consultant was based upon a two step process, The City of Denton issued a Request for Qualifications ( Exhibit I ) to five engineering firms which had extensive prior background in performing hazard elimination analysis Ind developtr,ent of RMPs. From these responses, staff selected the most qualified team and solicited an Engineering Services Proposal and negotiated a contract agreement. Carollo Engineers teamed up with Duke Engineering and Services and were selected for this project. Their response to the City's Request for Qualifications and Engineering Services Proposal are included in the backup (Exhibit It do lll). 3 Rrxs~sertr u c I c. t ESTIMATED S H 'D I OF PROM The hazard elimination assessment should be completed by early January of 1999. The RMP assistance effort will likely continue until the June 21, 1999 compliance deadline. FISCAL INFORMA110 N The hazard elimination assessment has a well-defined scope of services and will be contracted on a ftKed fee basis for a total amount of $36,269. The RMP assistance portion of the project will be performed on an hctuly fee basis with it not to exceed limit of $24,201. Funding for the project wilt come from the following FY 1998.99 operating budget accounts: Account FY -99 Budget Ex a or s ro ect 620-081-045M502 5190,400 $39,303 623-082-U314302 9,2 ,167 Total $229,600 ,47 Respectfully submitted: : Tim Fisher Water Production Manager , Exhibit 1 City of Denton Request rot tlualifkatiom Exhibit 11: Statement of Qualifications Responw feom Carotlo Engineer Exhibit Ill Eng neering Senkes Propwil from Carolto Englneter 1 At C , t, u EXHIBIT I r CITY OF DENTON REQUEST FOR QUALIFICATIONS FOR HAZARD ELIMINATION ASSESSMENT AND RISK MANAGEMENT PLAN DEVELOPMENT ASSISTANCE FOR CITY OF DENTON WATER TREATMENT AND WATER RECLAMATION PLANTS 1. INTRODUCTION The City of Denton is requesting qualifications from the following firms to provide engineering services for the above mentioned project. The firms, in alphabetical order are: • Alan Plummer Associates, Inc. a Carollo Engineers • Chiang, Patel & Yerby, Inc. s Duke Engineering and Services • Freese and Nichols, Inc. Denton is aware of each firm's abilities and general reputation. Submittals should be directed toward Denton's particular project. General information and artwork are not necessary. Each firm is encouraged to become familiar with the project. Feel free to contact the City's designated contact person who is: Tim Fisher, P.E, 1701.8 Spencer Road Denton, TX 76205 940.349-7525 II. DESCRIPTION OF PROJECT The primary purpose of this study is to evaluate strategies to minimize the hazard potential associated with the on site storage and use of gas chlorine, anhydrous ammonia and sulfur dioxide. These toxic gases are used for the disinfection processes r at the City of Denton's Water Treatment and Water Reclamation facilities. Specific recommendations and proposed alternatives for hazard reduction or hazard ti elimination shall be identified based upon an evaluation of risk trade off issues, feasibility, technical merits, and economic impact to the utility. s e, c. The foliowint_ scoff services Is andc ated far the harard reduction 1 hasardeLntinadon portion the To. k t - Background Data 1. Site visits and Inspection of chemical storage and feed equipment used at each plant facility. These visits will Include a review of the current operation and maintenanee procedures, safety equipment, and employee training practices used at each location. j The design of each process, the age and condition of all equipment, and the safety aspects involved with of the transportation, unloading, storage, handling, and chemical feed equipment used for disinfection shall be evaluated with specific recommendations for minimizing the potential for accidental releases from each process. 2. Required chlorine, ammonia and sulfur dioxide use at each plant facility. The average and range of required chemtcat dosages will be determined from plant records. Design dosages (IlVday) will be established for each of the two plants' design capacities along with avenge dosages (Ib/day) for normal plant flow conditions. 3. Interviews with City of Denton Utility staff to review the potential impact of planned plant expansions, regulatory compliance issues, and other future conditions that could effect recommendations and cost estimates. 4. Site conditions and space constraints for each of the two plant sites will be reviewed to identify possible locations for the addition of scrubber facilities or other recommended improvements to enhance the safety of the existing disinfection processes, Site constraints and potential locations for the installation of alternative disinfection process equipment shall also be evaluated. Consideration will be given to construction retrofit problems, chemical and feed stock material transportation, storage and handling issues, the installation or ttLrofit of chemical feed equipment, required power supplies and instrumentation for monitoring process control and safety. i 6 t, . I i I Task Z - Evaluation of the Existing Disinfection Processes I Recommendations for improving the safety and minimizing the potential for accidental chemical releases from each of the gaseous based disinfection processes used at each facility. Considerations shall include as a minimum: • Installations of scrubber systems for bulk chemical storage areas and chemical feed equipment buildings. a Existing or proposed improvements to active or passive mitigation or containment systems. • Automatic sprinkler systems for fire suppression or containment of accidental releases in chemical storage and feed areas, • Modifications to existing equipment such as direct cylinder mount vacuum regulators, the conversion of low pressure feed systems, or the installation of automatic shut down emergency isolation valves. • Improvements to ventilation and exhaust fans within existing buildings, a Onsite and offshe ambient gas detection equipment. Task 3 - Evaluation of Alternative Disinfection Processes Alternative disinfection systems that will eliminate hazards associated with the transportation, storage and use of chlorine, anhydrous ammonia and sulfur dioxide should be identified. As a minimum, these alternatives should be evaluated based upon an assessment of risk reduction and risk trade-offs, regulatory compliance issues, process reliability and effectiveness, waste stream treatment and disposal, and all capital and 0 & M expenses. The following alternatives should be evaluated at each facility: L Spencer Road Water Treatment Plant a. Sodium hypochlorite storage and feed system with recommended solution strength, dilution system and temperature control strategies to minimize chlorate concentrations. b, On-site generation of sodium hyyochlorite with salt storage, brine make-up system, brine water pretreatment equipment, waste stream treatment and disposal, solution storage and feed equipment, c, Ammonium hydroxide solution (aqueous ammonia) feed system with recommended solution strength and storage system design. ! ' a d. Liquid ammonium sulfate storage and feed system. r e. S Aid ammonium sufate storage and feed system. 7 t E ~ 2. Pecan Creek Water Reclamation Plant L Sodium hypochlorite storage and feed system with recommended solution mmgth, dilution system and temperature control strategies to minimize chlorate concentrations. b. On-site generation of sodium hypochlonte with salt storage, brine make-up system, brine water pretreatment equipment, waste amain treatment and disposal, , solution storage and feed equipment. c. Ultraviolet light disinfection system with recommended contactor design or retrofitting options within the plant process. d. Ozonation system with recommended air feed system design, contactor design or retrofitting options within the plant process. e. On-site generation of chlorine dioxide using an acid !chlorite or scid/chtoriteftpochlorite feed stock. L Liquid sodium bisulfate solution storage and feed system. S. Alternative liquid sulfur based (sodium metabisulfite, sodium sufite, or sodium thlosulfite) d echlorinati ng chemical storage and feed systems. Task 4 • Coat .valuatlon The economics of each of the alternatives Including the current approach alternative will need to be evaluated. The capital and 0&0 costs for all recommended hazard reduction improvements to the existing disinfection system shall be included Into the cost estimate of the current approach alternative. The analysis shall be based upon it present worth value over a twenty-year life cycle and shall include as a minimum the following cost projections: 1. Chemical Costs 2. Electrical Costs 3. Capital Colts 4. Operating I Safety Expenses t' Ir c' S. Maintenance Expenses 8 i. ' li Tack a - Evaluation 1. Process Comparison - The alternative processes will be compared with respect to meeting the needs of the plant, operational requirements, space requirements, ancillary support requirements, regulatory compliance requirements, reliability, flexibility, and dependability. 2. Hazard Comparison - Safety and hazard reduction issues associated with the current disinfection processes wi'I be compared with the upgraded current approach and the alternatives identified for each of the two facilities. 3. Cost Comparison - The twenty-year life cycle costs of all systems will be totaled and compared on an annual basis with the cost of the upgraded current approach. Tak k 6 - Recommendation The monetary, tangible, and non-tangible Issues evaluated In Task 6 will be combined Into a recommendation regarding the hazard reduction f hazard elimination alternatives evaluated for each plant facility. Task 7 - Detlverables 1, Report - Five copies of a draft report will be provided for review, Following incorporation of the review comments, twenty copies of the final report will be provided. 2. Executive Summary - An executive summary will be provided in both draft and final form. The executive summary will be provided as a section of the report and as a stand-alone document (twenty copies of the final). 3. Power Point Slides - A series of Power Point slides suitable for use in a presentation to the City of Denton Public Utilities Board and City Council will be provided ahich niolight the elements of the study r.nd recommendations. It is anticipated that the consultant will need to make at least two presentations, one to the Public Utilities Board and one to the City Council. i' r i 9 'i c The feu owl g ~eope Qf services Is antic at d-far thcj sk Managemenl Plan dev4nmenf assistance Oitlen e,l' the R The City of Denton is also interested in obtaining technical assistance for their staff In prepuit,g the Risk Management Plans for these facilities to comply with the requirranents of 40 CFR 68. This approach will maximize the effort by City staff and depend upon the exrertise of the engineering consultant to provide model RMP documents, draft policies and procedures, perform specific tasks, review existing programs and review the final RMP and emergency response programs. The desired scope of services will depend upon the prior experience the selected engineering consultant has with developing Risk Management Plana and Emergency Response Plans and their willingness to work in a support role on the prof ect. The magnitude of the services required will also depend to some degree upon the recommendations and timetable for installing hazard reduction or hazard elimination facilities at each of the two treatment plants. The folla,ving basic scope of services is anticipated; a Hazard assessment IoPf•site consequence analysis review and technical assistance, a Supply example draft Program 2 Prevention Program documents and review the final RMP documents prepared and edited by city staff. a Review Emergency Response Program and make recommendations for changes needed to comply with 40 CFR 68 Subpart E. a Assist staff in the preparation and submittal of final RMP to the EPA by June I, 1999. 4 III. PIE-SUBMITTAL. MEETING Done is proposed for the RFQ process. Prior to the submittal of a formal proposal, the number one ranked Prm will be contacted to set up a meeting to discuss specific details of the proposed scope of services, IV, INFORMATION PROVIDED BY DENTON None is proposed at M time beyond what is in this RFQ, Denton will provide the r~ selected firm all of the necessary information concerning plant equipment and operating data required rot this project. I 10 C• f SUBMITTAL The submittals will help Denton to select the firm that can best satisfy Denton's particular nods. The submittals must conform to the format prescribed herein. This will help Denton to compare the qualities of each firm in key areas and allow the firms to compete on the most equal basis. Please n(.e, proposals are not being requested at this time. Upon seitction, the top firm identified will be requested to provide the City of Denton w;,` a detailed written proposal in accordance with the project scope outlined In Section IL LENGTH: The written submittal shall be limited to the qualifications information specified herein and have no more than twenty printed pages. Each page shall be numbered. The document shall be printed on 8 V" x 1 I" PAM. CONTENTS: The areas to be addressed and the expected Information to be provided are as follows: • Cover letter outlining a brief description of the firm's prior experience with Risk Management Plain and hut-d elimination projects. • A description of the project team to be assigned to the project. • The resumes of the key project team members and th,4 experience with Risk ManagemerA Plans, OSHA Process Safety Management Programs, and projects involving hazard assessments and alternative disinfection processes, • A detailed listing of similar projects with a brief description of the project scope , and the plant facilities. The city of Denton is most interested each firm's experience with similar projects in put. Thm copies of the proposal shall be addressed and delivered to: I Tim Fisher, P.E. 1701.8 Spencer Road Denton, TX 16205 The suhmittals shall he rerelved before 5:00 PM on Monday. , August It. 12a Submittals will be reviewed immediately upon receipt for l conformance to the requirements of the request for qualifications. Each firm will be notified by 5:00 PM on Friday, September 4, 1998 of the status of their qualification submittal, r 11 Islas r r VI. SELECTION P OCESS The City of Denton will form a Selection Committee to analyze each of the qualification submittals to select the ranking of the finns for negotiating an engineering services proposal and contract. Selection ctiteria used to rank the consultant's qualifications for this project are described below: X Qualifications • Appropriate education, training and experience of the team members and the firm, relative to the type of project. B. PPMtect Manager - Ability of project manager to complete project on time j and within budget. C. Resourcefulness - Ability to work with Denton's staff as a team, in order to complete the project. E. Fsmilia ilJt • Awareness of Denton's particular needs. The Selection Committee intends to make a ranking of the lop three Ftms identified for this project by ' riday, September 4th, 1998. Each firm, Including the first Rrm selected, will be contacted the next business day. Selection will be based uy on ranking. Criteria listed in Section VI will be used as a guide. Each Committee Member will tank the firms according to this criteria. The Committee will then discuss their scoring and work toward a consensus. The I Committee may modify 6,.e process if circumstances to require. If the Committee has any unanswered concerns of critical importance then the , Committee may postpone their decision. A procedure for resolving the concan will be Implemented as soon as possible. Every Rrm will be notified of the selection 1 process status and informed of what to expect. The selection of the engineering firm for this project will follow the qualifications based selection process outlined by Texas State law for obtaining engineering services. The Request For Qualifications (RFQ) submittals will be used to rank the firms that are most qualified for providing the engineering services needed for this project. Ths City will identify the most qualified firm and request a formal written proposal that follows the draft scope of services detailed in Section 11. If the city of Denton cannot successfully negotiate an acceptable engineering services contract with the number one ranked firm, the second most qualified Earn will be requested to provide a written proposal and so on until a contract can be negotiated or until the Committee decides to send out a new R.F.Q. Once successfully negotiated, the contract will be processed in accordance with Denton Charter and code requirements, 12 I Statement I i • ' I iI CITY OF 1 1 i 1 I as* •1 1: ~•iesl1 •1 czar MInation f~55e5oment and Risk Maiagement Plan Development Is 00 f August 1998 ~E CC1rOLLO ,s r caroLLo Eanolnaesrs ,,,~r•,, August 31, 1go * Mr. Tim Fisher, RE, i Manager of Water Productlon Division City of Denton 1 1701.8 Spencer Aced Denton, Texas 76205 Dear Tim: Chemical hazards and risk management have become a major consideration with the advent of the new regulations under 4000FR, Part 66-Chemical Accident prevention Provisions. In view of these regulations and the need to consider the Impact on the surrounding community, Donlon has, with great foresight, elected to aesom potential ways to reduce or eliminate these hazardous chemicals as part of the prsparatlo,i of the Risk Management Plan project. Carollo Engineers, In association whh Duke Engineering and $*Moos, Is pleased at the opportunity to assist the City of Denton with this important undertaking. Carollo Engineers is a nationally-recognized Consulting ongineonng firm that speclallzes to ! the planning, design and construction administration of water and wastewater feelftes. We s have consistently ranked among the top firms for water and wastewater design by ENR (Engineering News Record) magazine, During our 65 years of exletence we have designed over 100 water and wastewater treatment plants ranging In size from lees than t,0 mgd to over 600 mgd. The majority of these facilities have boon In the Callomla area when hazard oliminationlreductlon has been a focal point for many years, in fact, a NgniCcent 1 number of the California area water/wastewater plants have now converted from gaseous chlorine and ammonia to liquid chemicals or UV ftrfection, We have listed only a portion of the facilities we have evaluated or designed wthin this SOO. Staff within Carolio Engineers have also conducted several simliar risk management plans under the OSHA guidelines, Our proposed project manager, Bien Middleton, was the project manager and chief author for a Compressed Cis Facilsies Compliance Study prepared for the City of Dallas. This study had many of the is,3,ao aspects of the current regulatory requirements. Caroilo Engineers also roeenW obtained the exclusive services of Joe Monscvitz who has over 40 years of operational experience with the Southern Nevada i W procedures *If be an ater Authority. His assistance in reviewing the training outlines and the operating staff , Includes C.8 Hagar who Is culrra to the y completing successful ~~larlwn~ this study !o Other the C o gas f Corpus Christi, This study will evaluate the feasibility of on-alto generation of chlorine maintenance l and personnel, Including slife pecfic cycle example is the Parley's Water Treatment Plant where we evaluated the use of container mounted vacuum regulators and obtained a variance of the Fire Code for this facility. Still another recent project was the Greenway 1 WTP where we evaluated gaseous chemicals and liquid chemicals for cost and hazard i A sooz"W"„1m 1440 hAAVEU 41k6 AND OWE tv , CAIIAI, 111A1 15170 11111 111.1141 1 FAN 11171 171.11ft 14 r U Mr. Tim Fsher, P.E. August 31, 1 M Page No. 2 ■ risks, In this particular case because of the location and 4k factors, our present worth analysis showed the gaseous chemicals would be more oos4affecWa over the 20-year evaluation period. The above specific example` an just a sr-all portion of the projects where Carollo Englnsen have evaluated and designed nunwous chlorine gas scrubbers, W c"ialnfectlon and sodium hypochlor to fad1tia. Tha project expoIrleive dtvlder and section lists additional specific protects. To assist Uenton staff In the development of this Hozard Elimination Assessment and RMPtan, we have teamed with Duke Engineering Dt Servlcee. OUS has extensive and recent specialized experience in the assessment and development of Proowe Safety Management and Risk Management Pmjrsms for water end wastewater t»atm rd facilities and numerous industrial facilthes that handle and use simile highly harardous ohemioala. Peter Puglionsef and Shall MoGes are currently working with Weston on the development of a Model Risk Management Program for AWWA Research Foundation which makes it uniquely qualified to help develop AMPS for chemical storage and use systems at municipal treatment works. Mr. Puglionsei and Mr. MoGso WIN assist in review of the AMPlan developed by Denton staff. David Baird, located In OFFS' Fort Worth office, will assist the City the day-to-day actMucs required for preparation of the RMPtan. Other DUS staff can assist as needed depending upon the required take. 01I has been developing Risk Management Flans for eompl<ana with state regulations and for voluntary induavy programs for more then ten ysen. Their staff were actively Involved with industry groups monitoring the proposed and line! rules, provided testimony at EPA hearings, participated on EPA committees reviowiny lndu9N-spx4flo Model RMPe and developed the Industry-wide Model AMP for the water treatment Industry. Thts experience provides an In-depth undrs;anding of the requirements, the oftcal Issues and the central role of the RMPtan as a communication vehicle. Because of their extenshn oxperience our team will be able to provide numerous examples of AMP plans for the City staff to use as a "go-by". 1 Our team looks forward to working with Donlon in the development of your Hazard l ` Elimination Assessment and Risk Management Plan. Very truly yours, CA}A~OLLO EN&NE~ERRS,, PLC. 1 'len D. Middl on, P E, + Taxes Area Man r err . OWern A too DOI "d 1110 MAW10 .r.t 1CA0, SUIT( 231 DALLAS, till! 15110 1011 111.1111 1A1 11111 011.1111 i I i .W VFV• IMM•1 , 1 ORGANIZATIONAL CHART CI Y OF DENTON I j I'RaJ>`cr MANAGEK Glen Middleton, P.E. 1 HAZA!;D KEDUC170N/ RISK MANAGEMENT ELIMINATION mm C. B. Hogor, P.E. David Baird Peter Puglionesi, PE. } I I ` Ron Joost, P.E. Shel McGee, P. E. Lisa Farrington, P.E. Doug Setzer, P.E. Kenneth James, P.E. Scott Tyler, P.E. y Walid Karam, PE. Joe Monscvitz 1i Joe Monsaitz l ~ lip- l 16 c; i I I~ i 771 1 Glen D. Middleton, PE, Mr. Middleton is the Texas Area Manager for Carollo Engineers, As Engftteerg an engineer for over 28 years, he has managed all phases of water CarOffO Ci Marra cnd wastewater projects, including studies and evaluations, concept kct eer ; development, design, construction management services, resident Edixio0on: engineering, plant start-up, engineering quality assurance, and MS., CM11 Engineering, operator training. One of his strengths over the years has been South 0okoto State Univ. excellent working relationships and responsiveness to clients. High. V .S., Civil Engineering lights of his local project management experience include, Univ. of Texas-Mrseon D, AJ Corrpressud Gas Facilities Compliance Study M.B.A. Studfee, SDWA Sale. far OA; I DaW East Side and Badnun WTA Univ. of texas-Daffste 28 ycara of experfertee • UTRWD 20-mgd ftegioral Weer Tneaveymt Plant City of Arington lS~rgd Jots F Ksbala Water Treavrient Pent NTMviJD 704gd Weer Treatment EVartw g U1R+ND Lakeview Reg coal Water Redanvtion Faraities NTMVA) Wisao Creek WWTP City of Graham Water Treatment Plats City of Dolfas Compressed Gas Focifities Comptionce Study Mr. Middleton was the projed manager and chief outhor for o Compressed Gas Study which was corduded to meet the initial requirements of 40CFR, Nit 68. All the UMW current chemical containment improvements were based on this study. This study evaluated all Dallas r Water Utilities' woter end wastewater facilities regarding seguktory requirements and the risks j of on occidemal chlorine, sulfur dioxide, or ammonia release. The study included development of olternolives to improve each of the facilities at" with development of a response program for n potential hazordous gas release incident. Outlines for development of a training program } we.e includei m the study along with air d sperslon modeling and identification of significant i risk facilities which surrounded each of the plants, Upper tr^ry Regional Wafer Treatment Plant- Mr. Middleton was the principol/project manager and chief designer for a 20-mgd new wotertreatment plant lot the Upper Trinity Reg,onal Water District in Lewisville, Texas, The plant has been in operation for approximately, ore year, The project included a site selection study, predesign study, final design, and can- strud,on se aces The bid price was over a million dollan below the budget which reflected the client's orojed pools of having o modern plant under on extremely tight budget. This plant is des gned to be ore of the most advanced worst treatment plants in Taxes once all the phases t ore complew The iniral processes include conventional settling and deep-bed (6 fool of r medial filters using GAC and sand, This plant was unique for this area concerning chemical sotety and hazards. The disinfedion process includes the use of sodium hypochlotite and aqua cri. The second phase processes will include ozone treatment processes of 'of settling Pex bdbry in the plant layout hot been maintained to provide the potential for a 150-mgd plant w IS granular activated carbon upflow adsorbers. Treatment of the backwosh and sludge pond re-um water ,s another future process. G7 of Dallas East Side and Bachman WTPz - Mr. Middleton was the project director for a Piort Mod,bechon for SDWA studies of the 400-mgd East Side WTP and the 125-mgd i Bachmon WTP lot Dallas Worst Utilities, The goal of these projects was to evaluate the entire t'r r plant regarding the Sale DroCmg Water Act and recommend interim and future improvements JI to uogrode the plants io meet proposed regulators. This study included Pilo, testing at both the East S.de WTP and Bachman WTP processes and evaluation of ozone and full-scale GAC• cooped filters Evaluotior of all chemical systems were included in the study 1 17 2 J _ C Mr. Hagar has over 25 years experience in water and wastewater C. 8. Hagar, r.E, treatment (ocili4s. His experience includes start-up, operations, Carotid Enginears design and program management. He has worked with a wide Hazird Aeomment 'faek variety of chemicals at the various pta nit including chlar:, t . anhy. Leader drous ammonia and sulfur dioxide. He has also worked wi t the Education: alternatives such as sodium hypochlorite generation, IN, ot. rte, 9.5., CM1 Englma mng, chlork dioxide, sodium bisvifift and sodium dtiesulfale. UnAa of KAnsay He is currenfly responsible for o study in Corpus Christi, Texas M.6, CtW Engineering, evaluating reptocemems for chlorine gas roil car shipments. The North CAroIinA 590te Unlr study includes on-site sodium hypothlorite generation and on-site chorine gas generation (of the request' of the client for the by-product 25 YeAre of Experience sodium hydroxide whkh Is also used of the plant). He has also worked edensh sly with the Ulirich water treatment in Austin, Texas, Including evaluation of thin vo'tous chemkol fads. i 1 l Ronald D. Jooat, PE., Mc Joost is o principal with Corolla Engineers. His expertise is in Carollo EnglneerA Principal advanced water treatment. His relevant experience includes: Hiram:! Awooment Project Manager for the design of ozone generation and contact- Education: ing facilities and other plant improvements for the two City of Arlington, Texas Water Treatment Plants. Princtpol.in•Charge for -Aity cAl Engineering, this project's construction phose which involves $20 millior. in Unlver5lty of CAlrfor'rlfA , aav!! constn,~on cost. ME, Sanitary Engineering, Unlverelty of California, Project Engineer for the 80 mgt exponsion of the Val Vista Water , Berkeley Treatment Plant lot the Cities of Phoenix and Mesa. This eroject 18 Years of Ex involved construction of a new chlorine facility utilizes tanker Pe^ cnce trailers Instead of one•fon cylinders. t Projeet Manager lop the Metropolitan Woter District of Southern California relocation of aqua ommanta facilities and containment facilities, The project irwolved the design of ammonia facilities of the Jensen, Diemer and Weymouth Filtration Plants, and containment facllises or the Diemer and Skinner Filtration Plants. All of these plants are larger than 500 mod and the construction value of the work was opprodmolely 515 million. A containment s+vdy was performed for over one-half of the Metropolitan Water Distrkt's facilities Including 1 pump stations, reservoirs, and hydropower stotions. l8 a r . j~•1r{ar..cV'! iiO~~.~ir ~:i.F#~'.'Ji't• . t..i«,~ 1 R N tfoe J. Farrington, Y,E, Ms. Farrington is on ossoc ate with Corona Engineer. Her caper;. Corolla EngLreer6 Associate once is planning and design of Pr'OCe55 Engineer s water reclomofio facilities. warewoler and water treatment, Hazard Asxssment • Project Engtneer for the C h Of Education: Treatment Prom' Exponsion Th 6eordsley Rood Worewn des; n erect' Th"s prof Involves planningpermitti (Of , 8.5 Biology of sign, a d and effluent lithe focilitw and included the evaluation Colorado State UnAerylLy disinfection woo chosen as the fluent do-,sine{ on Process, du M.S, CMl Englneerky, to if l econom and rocea due vlrfzona State UniwttrSJLy y ~ hazardous d+arodeAstia. r f3 Yearo of t e utertce Projed Manager for the Pima Utility Sun loka Wastewater Treatment Pant Dotgn and Construdion Services. The proled included evaluation and selection of the process, a sequential batch reoctor "m (sek, with filtration and UV disinfection. Project Engineer for the Ciry of Chandler, A,Asona Wastewater Moiler Plan Updates, Her duties included modeling of ti.e existne sewer zoom, planning the future sewer system, and evaluation of ohemofives for methods of wastewMar treatment, including UV disinfection and . disposal. Kenneth K James, P.E. Project Monoger for the study and design of wastewater facilties CIV010 Engineers for the City of Warta, Arizona, The work included a treatment Education: pant with sequential batch reactors followed 8.5., C477 E in Son pond and ultraviolet disinfedon channel. Pby now bvoli rooviis onsQwerero n-ity Unh of New ort~at Buffalo included to odd l;ItroGOn upstream of the W disin{action. pp Yeary rienr Project Manager for the study, design and construction supervision j peof hazardous waste treatment facilities for the Shuoibo Industrial Area in Kuwait. The study included: preparing on inventory and characterisation ofwastes; developing treatmentahemofiva; and far OAPtopricte atment des'gnnand cconstructonaf ioof a 3tmillionnCY neri wosterlandfill ondral 2;0 The study lend to I ous woste IandRli with 100-mil thick HDPE Ines leachate recovery and trec~nac;lifiet CY hazard. were provided, The praiectalso wore sampling station, and vehicle o~tenonce 1facil net the building, ' includes .tp efoi hr r odddional hozardous wos!e landfill cells and for a future incnemta. a for three 1 Protect Manager for a study of disinfection olternotives for smolt (up to 1,0 MOD] wastowo, ter treatment plants in Abu Dhob;, United Arab Emirates. The study Involved comparing the vss of chlorine gas supplied in ;50.16 cylinders (the troditionol method of disinfection) versus arl-Ve chlorine generation and UVdisinfection. The study was pro,npted by the remote location of the treatment plants which were hundreds of miles From major cues and in some cases, on small islands for from the coast. The study recommended the use a 1/V 1 j d s nfection for use of loul,fiss where chlorine honding was a concern. 1 19 4 Mr Korom has exienstve experience a$ a sanitary engineer in areas WaliCarod flo T. Erdfn Karam, P PE. such as preliminary, primary, and secondary treafinenf, solids hon- Hazard Asxeer's dling, and hydraulics. He has worked e,denOvefy in the area of biological nutrient removal wastewater treotment facilities. Rel,svant Eeluution: projects include: 6.5., Guff Endirwr tne, - Project Engineer for on upgrade and exponsion project at the American University of Mmtli; Comrosa Water Distrlct9 wastewater treatment plant. The project r Lebanon included evaluating the existing structures and developing a facility / MS, Sanitary Ervttleertne, layout and des gin bcsed on the most economical use of ex st rig University of cilufomw. facilities, combined wLS the best use of altematiw wastewater r ge*eley treotmenf processes. His responsibilifies included evaluation and I 10 Years of ExpeHA%e design of secondary lreolmant facilities including oxidation Ijl ditches, anoxic boons, secondary clarifiers, and return activated sludgelwaste activated sludge pump stations; chemical feed sysMms; and conversion of the existing chlorine gas divnllo ion system to sodium hypochlarite. Project Engineer for the design of a new wastewater treatment plant b serve the State of Ari:ono's Prison Complex, Lewis Facility. Design of this t.mgd plant included: ultraviolet disinfection, aeration basis with biological nutrient removal, clarifiers, traveling bridge filler, influent pump station, fine stofic screens, raw sewage grinder, effluent pump station, aerobic digester, sludge and scum drying beds, pumping stations for rafurn activated sludge scum, recycle, and digested sludge, blower building, and oparotlos building. I T 1 l Mr. Monocvits served as Director of the Southern Nevada Water J, L Monxvits System, Las Vegas Volley Water District from 1971 to 1997. Previ• Carollo Engineere ously, he was Superintendem of Maintenance and Operations for the } Plant Operations 5peclaiist ! City of Sonia Barbaro, Cotifom;o from 1966 to 1971, From 1956 to Cerc4pcations: 1996, Mc Monscrits was Superintendent of Utilities, City of Rockville, 6nodeYTreat LrnentOpenowr, Maryland. l California Since Mr. Monsairs hot been employed with Corolla Engineers, he boo Grade IV Treatment Operator, begun working with the City of Corpus Christi to put together a training Nevada plan for the use of sodium hydroxide at their woler treatment plant. i CIa6s IVWatierTreatment iodude. OperntOr, Assoc, of f3oardo of Technical Advisor and Personnel Laming for Sonia Clara Wiley Water Certiflcatfon Ddrict's upgrade of their three water treatment plants. W yearn of experience Technical ik&sor and Opens Training for plant slad•up at the Airerodo Water Treatment Mont for the City of San Diego r 20 s ( III i II II I _ IT "i,. V 111~~ w. it Dav d ffrd Mr. Baird is an engineer based in Duke Engineering 6 Services' (DEBS( Fort Worth Office. He is responsible for providing fire profec• Duke En irwrln 6 Servtces A 9 d lion engineering support to utility and commarciol clients. Mr. Baird RMP Engineer hod specialized capabilities in the design and evoluation of tie Education: suppression and detection systems and fin border systems as well as H.S., Fire Proteztlon G Safety development of OSHA PSM and EPA RMP programs. With over u: Engineering re-ch., Oklahoma years of fire protection project experience in the nuclear power and state Unrv processing industries, Mr. Baird has been responsible for prepo a. AIChE Center for Chemtcal lion/mechanical systems design nsoditcations packages, develop. P~ocees Study mental Design Basis Documents, GL 86- 10 Evaluations, Fire Hozords Analysis and numerous other duties. r e Cora fence with EPrt Risk Pf Mr. Baird developed and implemenled OSHA complaint Process Memt, Q OSHA nM Safety Management (PSM) Programs for the ammonia refrigeration Regufatfone systems of several Armor Swih-Eckrich (ASE) facilities. Activities for these prob" involved each element of the OSHA PSM dandard including operating procedures, operator training curriculum, process hozaws anolysis, piping and instrumentation diagrams (P&I(Ys) and process solo information. Along with the work of ASE, Mr, Baird hos been involved in various aspects of documentation and hozords for ammo. n o and chlorine transfer operations throughout the notion. '1 5, Idrglion, ef, PE. Mr. Puglionesl has recently joined DE&S as o tpchntcol director in the Duke Engneering u services Process Safety Department. Mt Pughonesi is responsible for technical re-chnical Rtvfew/Quality and business management of risk manogememl services forcommer• Control ciol and government clients. American Wohtr Works Association Research Foundation (AWWARFJ - Educadom Currently directing a two year praiect for AWNARF to develop a 9. E., Chemical Engineering Model Risk Management Plan and Guidance to assist the water rise Cooper Union, New York, NY industry in complying with she EPA risk Management Programs and M.S., Chemical Engineer1rie, OHSA Process Safety Management regulations. The projed'rs being Rensselaer Polytechnic Inet, conducted cooperatively with water industry, equipment supplier and troy, NY professional association parli6ponts. IB yeare of experience Metropolitan District Commission, Hartford, Connecticut - Currently directing a project to develop Process Safely and Risk Monogemens Programs for lour wafer and two wastewater treotment plants using chlorine and sulfur dioxide and handling flammable gas. Asseued existing programs and areocred a prototype RMP containing management protocols and on action plan for comptet• mg longer term losks, Currently completing those longer term tasks (process information, PHAs, opera' rig procedures, etc.) and developing ,ailored RMPs for each facility. This integrated aoorcach resuhed in a uniform program and lower overall implementation cost. NAYFAC, Norfolk Novel Base, Yrginlo - Cwrently developing Risk Management Programs for two firefighting schools using rammoble propane gas and a cold storage warehouse using ammonia refrigeration, Assessed existing programs, modeled of occidental release scenarios r and prepared an RMP containing management protocols and an action lot completing longer r A term tasks, Prior to joining DEBS, Mr Puglionesi was Technical Director of process Solely Management and Pollution Prevention at Roy F. Weston, Inc, In this role, he was responsible for technical and business marageme-it of risk management, pollution prevention, and environmental manage- ment services 6 21 t ki161MES American Institute of Chemical Engineers, Center for Chemical Process safety iCCPS) - Participated in the writing of three chapters of the Technical Planning for On•Sitit Emergencies book developed for CCPS covering the subjects of incident prevention amid the Identification of credible incjdents for planning, Fayetteville Public Works Commission, Ndrfh Carolina - Developed Risk Management Pro- grams fa two water and " wastewater treatment plants using chlorine and sulfur dioxide and handling flammable gas Prepared a prototype RMP which contained all the required manage. merit protocols and on action pion for completing longer term tasks such as process informe• lion, PHAs and cxrating procedures. i Shelf McGee P.E. Mr. McGee an engineer In Di Fire Protection and Hazards Auke En fneerfn cE SerVfLe9 Analysis Group. Mr. Mc%:ee has broad technical responsibilities in g g emergency planning and response, hazard analysis, consequence Compliance Evaluetiortslfrarnrr>g assessment, program development forprxess safety and risk Education: management, hazardous materials and waste, and occupational 8.5. Chemrcel Engineering, Unlu , safety. of CAVOMfo, Berkeley Gillette - The objective of this project was to develop integrated I 4fCii Genfer for CJ40hour monogement systems under the facilities ISO 9002 program for OSHA Awe 66 SLudy Prccess Safety Management (29 CFR 1910.119( and EPA Risk • QualiLaLlve Hezard Management regulations (40 CFR 68(. This 3-year project began with a complete audit of the existing PSM program and the development of Evaluations Course on action pion that indudeit developing rttortogement systems for all • On-5ita GuldePries PSM and RMP elements, developing and modeling release scenorios, Emergency Planning conducting whot•iltichecklist process hazards analysis (PHAs), develop- • NAZWT)PER 05Nv5 'rig an integrated contingency plan, grid coordinating emergency response drills with the local lire department and hozandous moteriols j Course team. ` Prior to going to DEM, Mc McGee was a Senior Project leoder with Roy F. Weston, Inc. speciolizing in erg neerino services for process safety, risk monagemeni and emergency I planning. This included preparation of chemkol occident prevention programs in accordance with federal and state statutes. Provided OSHA and consultation for hozardous rnoteriols complionce American Water Works,4ssocialiort • Research Foundoh'on - Responsible fa researching, develoo,ng and wr ting Model Risk Management Program and Procedures under the US EPA Rork Management Program Regulotions, 40 CFR 68 and OSHA PSM 29 CFR 1910.119. This 1 project is a joint effort funded by AWWARF and the US EPA for the water industry . The Guid• ` once document prepared includes model procedures, program requirements, and information to assist the water treatment industry in prepoation of risk management programs t Arerican fnsrirute of Chemical Engireers - Center For Chemical Process Safety . Responsible for course oreooration and clossroom instruction. Prepared and delivered course based on the r book Guidelines On Technical Planning for On•s to Eme gencies, American Instit0e of Chemi. col Engineers • Center for Chemical Process Sorety, August 1995. / - So?ey-Kfeen - Responubitiries include preparation and review of SPCCs for ail storage, transfer, and proceu'mg foalities. Cotleded and evaluoled locility information, inctuding emergency procedures, operating procedufs, facility layout, existing pern.i s, and process mlormotion, 22 7 (Rye ~~^/`'I4IIiMM , r „r ~ ~ .c..~rfF.g.[.7J' ' Douglas L. 5eUer, P.E. Mr. Selzer has been involved in fin protection, hazardous and Life Duke Eng;neerfng d Services ; Safety Code analysis projects for industrial process structures, f E leer educational building, and utilities. He also has extemlye experience Hasid Anarl"3 rig in hazard analysis, consequence assessment, and program develop- Education; ment for the chemical occident prevention. 9.51 Mechanical Eryfrwr Mr. Selzer was responsible for developing RMPPs for the chlorination North Caroilna State Ur N. sysisms at various water treatment plants In the Sonia Clore Volley 8.5., Chemical Engleer, and Contra Costa County Water Districts. This work included North Carollm State UnM conducting HAZON, off-site consequence assessment, and axMrnol AICHE events analysis for each piont. Conducted of review of administrative I 29 CPR 1910.89, PFgceaa policies/procedures and oparating/mainfertance procedures to a I e 2 developing both public information and technical documenbtion ~Y M91 9 of Hfghiy required as part of the RMPPs. The Contro Costa Count' Water Hazardous Chemicals District ptant's ItMPP involved developing a probabilistic hazard • &afety AnAWto d Rfok analysis using generic failure data to predict failure scenorios. Aaaeaoment for the GPI, Participated as either technical assistant at HAZOP team leader on Consequence Aeaess, d these RMPP%. Provided lechnicol support approval agency review. Mitlg,ttion Scott M• Tyler. PE Mr. Tyler is a technical consultant in DUS' Fire Protection and Duke Engineering d 5e7vlces Hazard,. Anolysis Group. Mr. Tyler has broad technical responsibilities 1 HaLard Ana is Engineer in hazards w as ys'4, consequence assessment, and program develop. maul for process safey/risk management, lire protection design and Education: analysis, and coda consultotion for fire protection, life safety, hazard- 65., Fire ftWtW d Safety ous materols, am occupational sof-ty. Engineering Tech., Oklahoma Meuapolibn Weer District of Southern Coldomia - UBC/l1FC code Stare UnY.. onolysis and alternate methods and materials developed for bulk I AIChE, Hazards EvaluaA'on Q chlorination facility. J Reliability AnaWl-4 for the International Rectifier- Developed siote chemical occident proven. Chemical Process industry tion program (ColifomiciAMPP) for semiconductor tnanufodurer. RMPP requirements include process hazard analysis fPHA►, dispersion modeling, consequence assessment and program development. Systems include chlorine, ommonio, silone/phophine, nitric, sulfuric, and hydroAuorit aids. I Hilt Brothers Chemical- PHA performance for two facilities: bulk NH3 distribution, NH40H manuicciwnng locility, (L.A bulk chlorine handling and bleach monufoduring fociloy M. Prior to joining DE&S, Mr. Tyler was o Senior Engineer with AcuTech specializing in engineering services for process solely and hazardous material control programs. This included preparation of chemical accident prevention programs in accordance with federal and slate statutes. Provided OSHA and model building/fire code tonsultabon for hazardous materials compliance. Cory of fbr ond, Oregon - OSHA PSM compliance audit and PHA for wastewater ireotmenl v chlorination system (90 ton to chlorine tank tonj. r Sonia Clora voffey Water District - OSHA and UBC/UFC compliance evaluation for proposed t ioc6y modd+cotiom to three water treatment plonlv, ! UNOCAL Corporation - Conducted PR4 fKAZOP and Mal-II/Checklist( for several modifi• cations io various hydrocarbon sforage and delivery systems Socromenio Area Wooer Works Association Prepared RMPF for seven utilities covering chlorine systems of over 200 facilities including water and wastewater treatment plants and ground wafer well sites. 23 0 { I r •.r r+ y ►wr r-.w r rwr ..ter ftw+ WON" s 1 XPEk IIE NG~ Stevens WTP On-Site Chlorine Production Study - Corpus Chdsll. TX r1 _ Greenvay Water Treatment Plant - Peoria, AZ J J J J J Fleming Hill Water Treatment P64 - Vallejo, CA >a Secondary CGemlcal Coota:nmerl Study - MWO of So. CA J J Parleys Mater Treatment Plant - Salt Lake City, Utah Santa Maria Blending/Disinfection Facility - Santa Maria, CA J J Saticoy Water Conditioning Facility - Ventura, CA A Val Vista Wafer Treatment Plant - Mesa, At J J 91st Avenue Waslcraler Treatment Plant - Phoenix, AZ Pierce-Bach and Kubala Water Treatment Plants - Arlington, TX Union Hills Water Treatment Plant - Phoenix, AZ Orange County Sanitation District - Fountain Valley, CA J J Papago and South Wald. Treatmoril Plants - Tempe, Al West County WD Wastewater Treatment Plant - Richmond, CA J l Vallejo SFCO Wastewater T ealment Ftenl - ValleJo, CA Sun Lilies Wastewater Deatm of Plant - Pima Utility Company, AZ J , J Beardsley Road ;Wastewater Treatment Plant - Fwla, At Winslon-Green Wastewater Treatnrtent Plant - Douglas Cosa y, OA Timpanogos Wastewater Treatment - Pleasant Grove, UT _ ~ t r t, - ~ ~t. i~7 {OYliI,~J: !.i :,:.:i ' ~EFn•.%tlir~i e' ERIFIKIRR 00 HAZARD REDUCTION/ Fleming Hill Water Treatment Plant ELIMINATION A55E55MENT Upgrade and Ecpanalon, 1'allefo, Cafrfornia Stevene Water Treatment Plant On-Site Carollo planned and designed the upgrade and Chlorine Production Study, Corpus Christi, exponsion of this 40-year-old plant to 42 mgd. Texas Upgrades included the addition of ozone ns the primary disinfectant and construction of all new r The purpose of this study is to determine the feosibiVe chemical facilities including a neiv cniorine building ] of generating chlorine on-site at the City of Corpus and scrubber. Upgraded chemical facilities for this Christi Stevens Water Treatment Plant. Both gas proied include anhydrous ommonio, plum, ferric chlorine generation and sodium hypochlorite genera- chloride, polymer, hydrolluorosi4ric, caustic soda, lion will be evaluated. A by-product of gas chlorrte orthopolyphrophWis and sodium bisulkts. The generation is caustic soda which will soon be used of chlorine scrubber is a oncs-through type with o the plant for pH control. The study will evaluate the packed lover for enhanced removals. Two sarubber process, cost, and other issues associated with both pumps provided for reliability. A sc.np is provided in on-site chlorine generation methods. the Floor to contain liquid chlorine that may look in the contact. chlorine storage room. The facility is designed for I Mr. Joe F Troio, PE., compliance with the 1988 Uniform fire Code. Major Proiech Engineer Contact: (S 12) 880.3500 Mr. Eaequfei Gond;mg, Jr., I Water superintendent GreenwayWater Treatment Mant (707) 648-4305 Conceptual Design Report, Mr. Enrico Rossi * Peoria,Aritona Assistant Wotat Superinteidenl 1 As pad of the Conceptual Design Report for this new f707) 6485344 15-mgd water treatment plant, on economic and risk 1 arwlysis assessment was conducted for alternative Secondary Chemical Containmer ? Study, disinfecton;_ The evaluation included gosecie Metropolitan Water OfocrIct of chlorine and liquid chlorine (sodium hypochlorlte) Southern California otong consideration of chlorine dioxide, chloramines The Secondary Chemical Containment Study for the and ozone along with various combinations of the MWD of Southern Colifornio was performed by above. Based upon the risk factors and effectiveness Corolla. This study idenhRed potential spill risks, of the disinfectant and the overall cost implications, analyzed containment alternatives, and proposed f gaseous chlorine and sodium hypochloWe were recommendations for the process and moinMnance selected for a more detailed life cycle cost analysis. chemicals. Wthin the scope were the Diener, Minn Although the gaseous chlorine hod a higher initial and Skinner Filtration Plants, five pumping stations, cost, the present worth onolysis showed it to be the two reservoirs and several power recovery plonk. most cost-effective alternative over o 20-yeor period Final reports, were submitted for on facilities within our of a savings of $1,700,000 Since the risk factors scope. Many of then facififiei discharges were were not insurmountable, the recommendation was to investigated to determine the ultimate detonation of a design a gaseous chlorine system using one-ton potential chemical spin. Altemotivs methods of containerswah o chlorine scrubbing facility containment were evaluated and corrective measures Compact: recommended. Mr Kenn Kodlec, Contocr U16nls Supervisor Mc JeN Davis, (602)412-7286 SensorEnginee, a ' (213) 2506059 j I ,a 25 c c, .i - : _ . , t a r tsar r r , 3W.~:tW~+I~ti1~y` yc M~ .~:'•as,i'~~~1y14~t.Jr?.~~w..,,.... ERROR ti Parfey'e Water Treatment 'lint, 5atfcayWoter CondiVonlry Facility, Salt Lake City, Utah kverttura, Caffforii Corolla, in a joint venture with a Utah firm, was The Saticoy Water Conditioning Facility heats we[] retained to design the exponslon and upgrade to the wafer from two sources; the Saticoy Well on-site and City of Sao Lake Parley's WATER TREATMENT PLANT. the Alto Well. The current design capacity is 2.5 ni Expansion involved increasing plant capacity from 27 Its purpose is to provide chlorine residuol/disinfection to 48 mgd. Because of the extensive modlkcotions to and to remove lion and manganese from the well the plant, compliance with the 1988 UFC was wafer. Both chlorine and sulfur dioxide are used in the required. Corolla oval voted the possible use of an treatment process. The original design included emergency chlorine scrubber for compliance with the gaseous chemical storage and injectors. However, treatment provisions. By utilizing container mounted because of continuing safety and risk concerns, the vocuum regufalors, it was estimated that the worst Cty decided to convert the gaseous chemTcols to case chlorine gas leakage rote would be reduced liquid, significantly. Using an EPA model to simulate chlorine Corolla prepared plans and speciliceons for the plume dispersion, it wait found that estmaled chlorine conversion. New chemical tanks were installed in N concentrations would be below levels of concern by existing building. A spill containment wolf was 1 the time the plume traveled to populated areas. constructed within the room with o raised grating floor Consequently, fire officials granted a variance from for eats of operation. Chemical metering pumps code requirements for a scrubber and other code replace the injectors. Standby tanks and pumps and provisions that were difficult or impractical to meet in cross-over piping were provided for system refiobility. this existing facility. Confi. Contact: Mr. Rick Raives, Mr Leroy Hooron, Jr., City Engineer Director of Kb4c Works (805) 651.7819 (801)183.6768 5anta Maria Blending/Dieinfection Facility Vai Ytta Water Treatment Plant, Citlea of Phoenix and Meta, Arizona Santa Maria, California Corolla performed a predesign study which addressed Corolla provided design and construction support the following services on o blending and disinfection focility for : economic comparison port, ad ton storage versus bulk chemical transport, and the e 1988 UBC Santo Morin, The facility mixes local groundwater wilh and Fire Code requirements for containment and imported State Water Project water to provide the best neutralization, Corolla than designed a new dis;nfecn quality blend to City customers. 'a port of this project, lion facility for bulk storage of chlorine, which meets Corolla also comp;eled design of a well header code requirements of toxic gases. The scrubbers are connecting the best producing wells to the Blending/ equipped with pocked towers for polishing the treated 1 I Disinfection Facility. exhaust gos The Blending/Disinfection Facility blends locol Contact: groundwater and State Water before the waters ore Me. Carlos Padilla, introduced to the local distribution system. Liquid Superintendent for Wafer Projects, sodium hypochlorife and ogveous ammonia stoeoge (d02)1957676 and feed equipment are provided for each source water prior to blending so that taste and odor prob- lems are minimized and a consistently high quaky woter is fed to the distribution syslem. The chemical feed systems were located inside a new masonry d building Conlod (f ' ` Mr. Rick Seven Gty Engineer } (805) 92e 5 095 f 26 tl r a •w/~. .~rwr~.~~AC-~rL+VM~'.v~C ilr•~3.. . NOR 6 91st Avenue Wastewater Treatment Plant, Union Hills Water Treatment Plant, Phoenix, Arizona Phoenk Anzonst Corolla prepared the preliminary and final designs for Cc ollo designed the liquid chlorine confoinment and the chlorine containment and scabbing foci hies to chlorine scrubber foci li6es for the Union Hills Water serve the 91 st Avenue Wastewater Treatment Plant in -Treatment Plant in Phoenix, Ancona. The 160 rngd Phoenix, Arizona. Corolla coordinated with the City's wafer treatment plant formerly used o 17-ton temt Fire, Building Safety, and Water Services Depo.tmenf trailer for delivery and storage of chlorine. Corolla throughout the design, bidding ossistonce, Grid designed o chlorine containment Structure arou+d the project construction. Pan of the project was to rep;ace existing facility. The facility includes gat scrubbing all leak detectors with those that meet the new code, equipm6nt low noutrolitotlon of chlorine gas in the renovating the HVAC to interlock with the scrubber ev snt of o look. The design of the building includes a and look detectors, as well as renovating existing separolo ventilation and emergency power room. A control systems to provide automatic response of the separole ventilation system for gas mcuation, design scrubber and HVAC system in file event of a chlorine of normal space ventilation and standby power were leak. included. Conrad: Conloi 1 1 Mr. Paul Klrishelfa, Mr. Carlos Padilla, WosteworerEngineering S,,pennferdenf Wafer Projects Superinrerldent (602)5349839 (6N) 495•.'676 Pieru-Ourch and Kubala Water Orange Cour.0 y 5r-anitation Dletrict, Treatment Pfants, California Arlington, Texas As a port of the 280 mild Neodworks No. 2, Corolla Carollo Engineers, in association with another Texas designed a sbfe-of•th"rt p,ochlorinotion syslem firm, completed the design of preotonoi on and which included bulk storage Ixilities, o caustic inlermediale ozonaeon facilities and filtration im- scrubber neutral zotion and containment system, provements at the twe water Ireafineot plants for the comptele MAC system, emergency power, oil City of Arlingion, Texas, Now under construction, this instrumentation and controls, and final site work, The project has a construction value of opproximalely focility complies with all 1988 Fire Code Requirements. 520,000,000, with an onncipaled construction In addition, Corolla hot designed chemical contain. completion of mid-1999. With the completion of this ment facilities for ferric and ferroutchloride food work, Arting!on will be the fire communiy in Texas to systems, caustic, polymer, hydrogen peroxide, sodium I have all of its water supply frealed with atone. hypochlorite and muriatie ocid. Many of these The otonallon improvements include 3,000 pounds containment systems have been upgrades to exlsling per day of generation capacity of the 68-mgd Pierce• facilities to comply with new codes and stondords, Burch Water Trealment Plant and 2,000 pounds per Conrad: day of generotion capacity at the 25-mgd John F. Mr. 84:4Mderson, Kubolo WTP Liquid oxygen will be stored in LOX forks Director of Engineer, nil and led to the medmm- frequoncy generotorswhere (714)962.2400 ozone will be produced at a cencentrat on of up to 10 percent, by weghr, Binh preozonotlon and Inlermedi. ole otonation conroclort are provided at each plant to obtain the moximurn benefit of ozone relative to r m~crofloccutat on Grid diinlection. The conlodors have wotl foils deigned trio the baffles to improve low chorodersfics as predicted by computational i flu d dynamics modeling f + +k` J r Contact. Mr, Rick McCleery, Ast,sfanl Director of UM1ldres, Coy of ArLngran '8! 7) 457.7550 12 27 { ' 7i..'.i'. •~^Sl+~tlrQ? D't~.c -r - ~yn~.S~r+~-~r~ s n~g~ i ~ ~,fttJ~*IFFEE+►i~a~ '/`~#"~~„j,i.S~L;3.e~~~rwrr~~ ~~L'~ia.~ia~~aia.'. I 1 Papaeo and South Water Treatment Plante, Vallejo Sanitation And Flood Control Dlet&t, Tempe, ArizenA Vallejo, California Corolla designea modifications to the chlorine Carrillo completed final design to corned the Vollep facilities and addition of chlorine scrubbers for both Sanitation and Flood Control District's existing Popogo and South Water Trowmenl Plants, Tempe Nseoos chlorination and dechlorinollon system to W Miami, to meet the requirements of the 1991 edition lis4ection. The project Included a W system to 1 of the Unifam Fire Code relative to the handling and accommodate flows up to 30 mod and o sodium . d:spens'rng of hotardovs chemicals, hypochlorits/sodium bisulfite system so treat peak wet The modilicot;ons and additions provided o means to weather Bova from 30 so 60 mod contain and neutralize a look from a owfon can. Our fast-frock design involved reviewing salting plant Coiner. Secondary containment wns provided for the hydraulics, obtaining permit revisions and agency sodium hydroxide scrubber systems. Continuous teak approvals, evaluating the optimum uvequipm" sits monitorino, s ulamatie scrubber system response so o location, designing N sodium hypoehlorite and leak and plaw wide look olorms were provided of sodium blsulfho disirt 06W system, design boor facilities, prschtorinot'an and plant wafer chlorination systems, Contort: designing new and modified electrical and Instrumen• ' Mr. Donald Howkes, lotion/control systems, modifying the existing standby Water Produclion, generator controls, assisting with equipment procure. (602) 731.8207 mem and cost negotiations, and reviewing W design data to ass ure sy1lsm compliance wA occeptable WCOt County Wastewater District performance stondords and design criteria. Wastewater Treatment Plant, Pima UtflftyWastewater Treatment Plant, Richmond, Cafffornia Sun LAkee, Arizona The West County Wa3tewoler District operates o 10• Corolla provided planning, design and construction mod activated sludge water pollution control locily services for the 2.5 mod Pimo Utility Wosfewoter turEfflns: o Effluent from water the lorrav isr on dish facility where if three receives loco- a Treatment Plant near Phoenix, Arizona. The project included comparing chlorine and hypochloma course treatment t anra and is used cooling water, o golf disinfection with W disinlWian. Based on cost, safety coupe where it used for irrigation, tion, and a deep water , outfoll. Each effluent disgosol method has different and the elimination of disinfection by-products, disinfection objectives. In 1991, Corullo performed a Corolla recommended a low pressure system. Corolla pilol lest to determine the efficiency of W disinfection designed the W system for effluent quality of 2.2 for each dischorge. The study fesied effluent filtration I'APN1100 ml local coliform. The affluent ls recharged with W disinfection for each discharge. The study via vadose tone Injection wells. The prclW also tested effluent I.Itroron with W radiation to meet o included o stondby paver system designed to provide wide range of backup to she liquid processes, including 100 percent 00 MPN local l col coliforms/iorms,100 1004 ml). .2 N o result 00 of ml the to backup for the W dWnfedion system. o4ot study, Caroilo tstobl shed design criteria fora Conlad: Mr. Jim PDA* full•scate facility GeneralMonoger 1 Con,act: (602) 895.9200 1 Mc Jack Foley PlonP SvperiNendenr (510) 231.6603 / 1 29 13 t e 9eardskyRoad Wastewater TreatmentPlant, R15K MANAGEMENT Peoria, Arizona The Beardsley Road Waslevvoler Treatment Plant Voflman Water rr atment Plant Facilities project involved plonning, design, and permitting for Upgrade Project, Concord, California th4 2•mgd treatment faciliy whose processes included The project Investigated proposed improvements for nutrient removal and filtration. Cost and safety issues the Bollmon Water Treatment Plant Facilities in led to Peoria to select IN disinfection as an alternative Northern Colifornia. The existing gaseous chlorine 1 to chlorine. The IN faciliy will provide on effluent and ammonia facilities wen evaluated under the 1 quality of 2.2 MPNJ 100 ml fecal colform. Peoria requirements of the Contra Coda Counts Risk elected to utilize a medium pressure IN system for Management and Prevention Program and the Process ` their facility as o result of a present worth analysis. Safety Management oflieutely Hatordous Materials Contact: gvidelines. A subcorouh cif, under Corak's direction ` Mr Bill Mattingly, developed chlorine and ammonia look scenarios and Engineering Project Manager an off-site consequence analysts. A fades of reeom• 1 (602) 412.7112 mendutions were d+veloped for retrofit of the existing facilities. I Winston-Ore-en Wastewater treatment Plant, Contact Clouglas County, oregon Mr. EmestoA•;lo Faced with growing concerns over the use of chlorine, Seniu Engi , Yr Douglas County retained Carollo to assess potential ($10) 603.b31 I environmental impacts and study the use of IN co ;n alternative to chlorine disinfection at its 244•mgd Compreeeed Gas Facilitee Compfiartce 8tuc4 Winsion•Green Wastewater Treatment Ploni near PalfaA Texas 1 Roseburg. Law W lighl fronsmittanre of the treated Me. Middleton woo the project manager and prime 1 effluent made pilot testing necessary to properly cite author for this study that evaluated all of the corn. the IN equipment. N pad of the study, the Carollo pressed gas facilities at each of the Ciy of Dar s team evaluated the effect of suspended solids and Water Utilities' plants. The study Included assessment turbidity on the UV equipment's ability to achieve the of IM risks associated with the chlorine, ammonia, bacterio kill necessary for effluent reuse. Tors in. and sulfur dioxde storage facilities an' development ctuded filtered and unfiltered effluent during ever and of alternatives to mtnimta the likelihoou and severity dry weather conditions. i.:mollo also worked with the of a hazardous pas look, Var;out looks for the study Oregon State Depurtmeml of Environmental Quality to were 1) regulatory assessment, 2) site evofaotions and linatite o facility plan hr the upgrade of the plant. altemarivo development, 31 OSHA•syb compliance I Confocti audits and IiazMat froining program oAnes, and 4) Mr. John Hebord response program development. This study woo Division Manager structured around the proposed Risk Management ($03) 4404206 Program Rule 40 CFR, Port 66, which woo the predocessor to the Chemical Accident Prevention Timpanogos 5pecial5er0cee Dietnct Reglonal Provisions promulgated in Jvly 1997, Wastewater Treatment Plant, Contact: Pleasant Grove, Utah Mr, Rogers Thomas this project involved the design of a major exponsion (214) 9484579 to the Timpanogos Special Services D strict P.eglonol wastewater treatment forty, to bring its capacity of 6- , mgd, The d sinfection system far the new IociOy r r included medium interniy IN rod of on. t fr Concoct r Mr. Garland Moyne, 1 Manager (801)7$65231 I 29 14 i t . M ~ti .~b~11lrLGYNNNl~1- ~y 'ly .a a. 0~"~Sf~f l.~~iY~'V ^i~r•:. NL Roy F. Weston, Inc, d American Water Works Contra Costa Water Swim Assoc. Research Foundotiom Co+w.,rd. c0orinza de"Ve , Colorado DElvS staff detebped a Probobifisfic Risk Assessment The American Water Works Association Research (PAq and ca"uence assortment for a Contra Foundation contracted with Weston to develop a Como Water District water treatment facility extremely Model Risk Manogemeni Program cnd puidorsce hazardous materials operations. This work was document to help water treatment plants comply with required to meet the Risk Managemenl Prevention ' the new EPA Risk Management Programs and existing Progfoms (RMPP1) requirements for the Water OSHA Process Safety Management (PSM) regulofions. District's water treatment plant. The extremely hasord- Two of the pencipal authors joined DE&S during the out materials regulated of these plants was present sn course of the more than two your project and DE&S the gaseous chorine and ammonia feed systems. was awarded a subcontroci to help complete the Canto& Model RMP Mr. Thomas Pol The project included a survey of industry practices. Corolla Enoin"m preporation of drop guidance, application of the (510) 932.1710 guidance at trial opplicotion facilities and extensive involvement and review of a wide range of stokshold. Morin Municipal Water district, art in the water industry and reg ulatory agencies. Novato, Caf4mla Conact: DE&S was selected to orepare ft Disto4ct's response Mc Fronk aloha to RMPP and OSHA Process Safety Management. As (303) 347.6244 a preliminary task, DE&S wppoeted the water plant A/E in osmsino the cost ben :fit of conversion to alternate Santa Clara Valley Water Dietriti, treatment Iechrwlogies ;sodium hypochloritej by San Jose, California esfinwfing progromm,tlc cost and engineered safety totem ccpital and operating cost for PSM and DESS prepared scoff the All Risk ImpManagement el) pall it 4 a OE DEdS Prevention P decessor) Programs Uniform Fire Code compliance, the District pursued the alternate technology and was able to exempt from (RMPPs) for Sonic Claro Volley Wafer Distitcts three RMPP/PSM requirements for their chlorine totem. (3) walertreatment plants. The extremely hazardous materials regulated of these plants was present in the Contact: , gaseous chlorine and ommonio feed systems for oll Mr. Jon Toyodo plants in this Son Jose, Cotilemio area water district, CDM The Colifomio RMPP requirements were the predeces• (510) 933.2900 sor of the OSHA Process Safety Management (PSM) and EPA Risk Management (I1MP) regulations that included many of the same requirements as well as some that are uniqut to California, Requirements include hazard assessment, prevention programs, emergency response programs, and submittal of the AMPP documenlol~on to the local odminisiering agency Conracf, Mr. Heinz Hoose (408) 265.2600 i 30 IS a. l t the MJ*,ropoGten nietrfct, Hertford, ConneUcut The Metropolitan distM (she Dlstrid) comrodrd with Weston to develop a Process Sofo Monogement (PSM) Program to comply with the OSHA PSM regulations. The principot joined DUS during the counts of the proled and DUS woo awarded a subcontrod to help complete the PSM Program. Weston developed PSM management procedures and conducted health and safety audits for four water and two wastewater treatment plants wino chlorine and sulfu • dioxide. The objective was to reduce overall cost and effort throughout the organization by ' preparing programs that will meet bath existing OSHA and future EPA regulotiono for all facilities of the some time. The initial step was to condud o thorough I assessment of all facilities relative to the OSHA PSM and proposed EPA RMP requirements, prepare a prototype program wh;ch contained all the required management protocols and on action plan for completing longer term tasks (Le., updating the emergency plan, conducting Process HazordAnalysts, conduct ng training and preporing operating and moinlenance procedures). Contact: , Ms. Solly Nyren (860) 278.7850 1 f ~l~y ~r v l 31 to 1 r EXHIBIT III AdwJU[b rnar;n. carmw eFnolr►■■ra August 31. 411,44.DEN Mr. Tim f*W. P.E. Manager r;;` Water Production Division city of Damn t-tot -B Spw+cor Rosd Denton, TOW rdE06 Dear Tim; Enclosed is a revised cop" of our cost proposal in accordance with our diacuSSions along f with suggested language far Exhibits B S C to the contract. I've also MAW the prO*t team in accordance with our disc, issions. Although a detailed schedule will be completed at a later date, we anticipate submitting a , draft copy of the Hazard ReductkWEliminsW Study by #SOY December 1998 based upon an early October notice•to-proceed. The FYMP Study will der and upon the schedule In which the City Star` complete the venous portions of that pre i ICL We are pleased at the opportunity to asslsl the City o1 Denton with this Important undertaking. It you have any ques4ons, pleaza give me a call, Very Truly Yours. CAROL LO ENGINEERS, P.C. aL-~ len D. Middleton, P.E. Texas Area Manager r 1 i N lra'Ypen~qp OlnbngMPS00JfigM~0117N •94 110 HA11vIST Hitt R0J0. SUIT! 11T • DFII!!, 1tRlS 11110 (1731 !If •!IU ' MS tltl) 13t.1117 32 Scope of Engineering Services Task Descriptions This project consists of two parts: a Hazard Reduction/Elimination Study (HRES) and Assistance with a Risk Management Plan Study (R. MP). The purpose of the HRES is to evaluate options to reduce the risks associated with hazardous chemicals or eliminate the risks totally by using non-hazardous chemicals for the disinfection processes. This portion of the study will be conducted primarily for the water treatment plant; however, an evaluation of the existing disinfection process will be conducted for the wastewater treatment plant. The RMP portion of this study will consist of assistance and review of the City prepared Risk Management Plans for the Spencer Road Water Treatment Plant and the Pecan Creek Wastewater Treatment Plant. The following are our proposed tasks for the Hazard Reduction/Elimination Study and the Risk Management Plan Study with the objective, description, deliverables, and assumptions for each task. Below is an outline of the major tasks we are proposing for this project. Task Description Summary Task No. Description A Hazard Red uction/Elimination Study B Risk Management Plan Study PROJECT TASK DFSCRIPTIONS Task A - Ilaznrd Reduction/Elimination Study Ob6cclive: Review and analyze the existing disinfection chemical systems to evaluate options to significantly reduce the potential hazards associated with the process chemicals or to eliminate the hazards totally by changing the type of chemicals used. Description: Collect background data regarding the exi aing systems and determine the required chemical dosages for each plant. Evaluate the misting chemical feed systems and provide recommendations for improving the safety and minimizing the potential for accidental releases. Identi fy and evaluate applicability of alternative disinfection processes for the water treatment plant only, Prepare a cost benefit analysis for each of the alternatives, Deliverables: Prepare a report presenting the data and analyses along with a recommendation for improvements or modifications to the existing disinfection processes. The following specific deliverables are idtntified: HRES & R.NtP Task Dtunpnons t 33 I I . Report - Provide five (S) copies of a draft report for review. Following incorporation of the review comments, provide twenty (20) .copies of the final report. 2. Executive Summary - Provide an executive summary in both draft and final form. The executive summary will be provided as & section of the report and as a stand-alone document (twenty copies of the final) 3. Power Point Slides - Provide a series of Power Point slides suitable for use in a presentation to the city of Denton Public Utilities Board and City Council which highlight the elements of the study and recommendations. The consultant will make two presentations: one to the Public Utilities Board and one to the City Council. Assumptions: The City will provide the existing historical data regarding the chemical feed systems, existing drawings and existing chemical contract agreements. Task A Sub-Tasks Work Effort Descriptions: Subtask,W: Project Kickoff I . Conduct project kickoff meeting to establish project goals and objectives, review the project decision process, define anticipated work deliverables, identify information nWed to perform the work, refine the project schedule, and establish points of contact and communication, and determine the invoicing format. 2. Prepare project management plan galde which will include: a) project objectives and priorities; b) role of City of Denton, Carollo and subconsultanls throughout the project including staff assignments and project roles; c) contract work plan including scope, schedule, budget, resource Assignments and coordination requirements; d) quality assurance and quality control plan; e) management tools and techniques; f) reporting requirements; g) information sources; h) document formats including report layouts, and g) administrative procedures such as invoicing, communication protocol, formats, e1c. Distribute plan to the entire project team. Provide a copy to the City of Denton Project Manager for information purposes. 3. ,ilanagr subconsalrants in negotiation and preparation of initial agreements. 4. Collect and review available data and drawings from city of Denton and determine the adequacy for this study. Also, determine any missing or critical data information missing from this initial information. J r r HPIS INP TLA DescnPlions = 34 NINE i SuhtaskA-1: Monthly,Manngement 1, Provide schedule and cost Control monOdy updates for this project. 2. Prepare monthly progress submittal and invoice. 3. Manage suboonsultants for on-going project coordination including Coll eding monthly information for progress reports and Invoices. Subtask A•3: Background Data 1. Site visits and inspection of chemical storage and feed equipment used at each plant facility. These visits will include a review of the current operation and E maintenance procedu•es, safety equipment, and employee training practices used at each location. The design of each process, ih% age and cwidition of all equipment, and the safety aspects involved with the transportation, unloading, storage, handling, and chemical feed equipment used for disinfection shall be evaluated with specific recommendations for minimizing the potential for accidental releases from each process. 2. Required chlorine, ammonia, and sulfur dioxide use at each plant facility. The average and range of required chemical dosages will be determined from plant records. Design dosages (lVday) will be established for each of the two plants' design capacities along with average dosages (lb/day) for normal plant flow conditions. 3. Interviews with the City of Denton Utility staff to review the potential impact of planned plant expansions, regulatory compliance issues, and other future conditions that could affect recommendations and cost estimates. 4. Site conditions and space constraints for each of the two plant sites will be reviewed to identify possible locations for the addition of scrubber facilities or other recommended improvements to enhance the safety of the existing disinfxtion processes. Site constraints and potential locations for the installation of altematise disinfection process equipment shall also be evaluated. Consideration will be given to construction retrofit problems, chemical and feed E stock material transportation, storage and handling issues, the installation or retrofit of chemical feed equipment, required power supplies and instrumaitation for monitoring process control and safety, i C IMES k PNP Task Dtsenpuons 33 ) 101011 . I Subtask A-4 - Evaluation of the Existing Dislnfection Processes 1. Recommendations for Improving the safety and minimizing the potential for accidental chemical releases from each of the gasoous basod disinfection processes used at each facility. Considerations shall include as a minimum: > Imi.allations of scrubber system for bulk chemiA storage areas and chemical feed equipment buildings. > Existing or proposed improvements to active or passive mitigation or containment systems. > Automatic sprinkler systems for fire suppression or containment of accidental releases in chemical storage and feed areas. > Modifications to existing equipment such as direct cyfioder mount vacuum regulators, the conversion of low pressure fed systems, or the installation of automatic shut down emergency Isolation valves. > Improvements to ventilation and exhaust fans within existing buildings. > On-site and off-site ambient gas detection equipment. Subtask AA - E%atuadon of :4lteruative Disinfection Processes 1. Alternative disinfection systems that will eliminate hazards associated with the transportation, storage and use of chlorine, anhydrous ammonia and sulfur dioxide should be identified. As a minimum, these altematives should be evaluated based upon an assessment of risk reduction and risk trade-offs, regulatory compliance issues, process reliability and effectiveness, waste stream treatment and disposal, and all capital and O&M expenses. The following alternatives should be evaluated at the Spencer Road WTP facility: (a) Spencer Road Water Treatment Plant > Sodium hypochlorite storage and feed system with recommended solution strength, dilution system and temperature control strategies to minimize chlorate concentrations. On-site generation of sodium hypochlohte with salt storage, brine make. up system, brine water pretreatment equipment. waste stream treatment and disposal, solution storage and feed equipment. > Ammonium hydroxide solution (aqueous ammonia) feed system with recommended solution strength and storage system design. r > Liquid ammonium sulfate storage and feed system. t Solid ammonium sulfate %torage and feed system. HRES & RASP Task Descnpuons 4 36 i Subtask A-6 - Cost Development 1. The economics of each of the altem"Ves including the current approach alternative will need to be evaluated. The capital and O&M costs for all recommended hazard reduction improvements to the existing disinfection system shall be included into the cost estimate of the cummt approach altemative. The analysis shall be based upon a present worth value over a tweet; -year life cycle and shall include as a minimum the following cost projections: > Chemical Costs D Electrical Costs D Capital Costs Operating/Safety Expenses Maintenance Expenses i Subtask A•7 -.alternative Evaluation I . Process Comparison - The alternative processes will be compared with respect to meeting the needs of the plant, operational requirements, space requirements, ancillary support requirements, regulatory compliance requirements, reliability, flexibility, and dependability. 1. Hazard Comparison - Safety and hazard reduction issues associoted with the current disinfection processes will be compared % ith the upgraded current approach and the alternatives Identified for each of the two facilities. 3. Cost Comparison - The twenty-year life cycle costs of sll systems will be totaled I and compared on an annual basis pith the cost of the upgraded current approach. Subtask AA - Recommendation 1. The monetary, tangible, and non-tangible issues evaluated in Subtask A-7 will be combined into a recommendation regarding the hazard reductioNhazard elimination alternatives evaluated for each plant facility. Subtask A-9 - Delis erables 4. Report - Five copies of a draft report will bt provided for review. Following + incorporation of the review comments, twenty copies of the final report will be A~ provided. )r i HRE5 Ac ttW Tank bescnptiom 37 1 w S. Executive Summary - An executive summary will be provided in both draft and final form. The executive summary will be provided as a section of the report and as a stand-alone document (twenty copies of the final) 6. Power Polut Slides - A srries of Power Point slides suitable for ure a presentation to the city of Denton Public Utilities Board and City Coua%il will be provided which highlight the elements of the study and recommendations. The consultant will make two presentations: one to the Public Utilities Board and one to the City Council. Task B - Risk Management Plan Study Objective: The purpose of the project is to assist in developing Risk Management Plans (RMPlam) and Risk Management Programs (RlviPrograms) for two City of Denton (The City) treatment plants that comply with EPA Accidental Release Prevention requirements (40 CFR 68). Based on the RFP, our team understands that its role will be primanly one of technical assistance for the City Staff which will be developing the RMPrograrn elements with the guidance ofa consultant with experience developing RMPlans and RMPrograms. Description; Unlike many traditional environmental and safety regulations, the OSHA PSM and EPA RMP rules are performance-bared regulations derived from industrial best management practices. While the AWWARF guidance provides examples of program management procedures, it is our experience that an inflexible, compliance-driven approach to the PSgRMP program that ignores existing management processes results in unnecessary changes to existing roles, responsibilities and procedures and hidden costs, We propose a skilled team of indivirruals that will identify existing management processes to be used as the building blocks of the Risk Management Program, where possible, and provide examples where new procedures a-e needed. The City has trained some of its staff to become more knowledgeable in risk managerent. Nevertheless, this will be the City's first effort to implement such a complex management program, Based on our experience, we believe that the City should use our team in the planning stages to identify useable current programs and to help develop work tasks and schedules. Once these tasks are defined, we can work with the City personnel to develop the RMPlan and R.MProgram by p,osiding examples Lad advice as requested and by review of work products. N'a suggest beginning the project by conducting a gaps analysis of current programs, practices, procedures and documentation that address the RMP Prevention Program and emergency respe se requirements. For any identified gaps, our Team will Identify the tasks required to improve the safety management program and comply with the RMP rule. This will provide a road map for City staff to guide their effarts, HRES A kMP Tabk Do mptiorv a 38 3. Executive Summary - An executive summary will be provided in both deft and final form. The executive summary will be provided as a section of the report and as a stand-alone document (twenty copies of the final) 6. Power Point SBdes „ A series of Power Point slides suitable for use in a presentation to the city of Denton Public Utilities Board and City Council will be provided which highlight the elements of the study and recommendations. The consultant will make two presentations: one to the Public Utilities Board and one to the City Council. Task B - Risk Nianugement Plan Study O ijectivc: The purpose of the project is to assist In developing Risk Management Plans (R APlans) and Risk Management Programs (RMProgmms) for two City of Denton (The City) treatment plants that comply with EPA Accidental Release Prevention requirements (40 CFR 69). Based on the RFP, our team understands that its role will be primarily one of tmhr,6a1 assistance for the City Staff which will be developing the RMProgmm elements with tIv guidance of a consultant with experience developing RMPlans and R.Wrognms. Desc ' jgQ,i; Unlike many traditional emironmental and safety regulations, the OSHA PSM and EPA RMP rules are performance-based regulations derived from industrial best management practices. While the AWWARF guidance provides examples of program management procedures, it is our experience that an inflexible, compliance-driven approach to the PSMiRMP program that ignores existing management processes results in unnecessary changes to existing roles, responsibilities and procedures and hidden costs. We propose a skilled team of individuals that will identify existing management processes to be used as the building blocks of the Risk Management Program, where possible, and provide examples where new procedures are needed. The City has trained some of its staff to become more knowledgeable in risk management. Nevertheless, this will be the City's first effort to implement such a complex management program. Based on our experience, we believe that the City should use our team in the planning stages to identify useable current programs and to help develop work tasks and schedules. Once these tasks are defined, we can work with the City personnel to develop the RMPIin and RNIProgram by providing examples and advice as requested and by review of work produce, We suggest beginning the project by conducting a gaps analysis of current programs, practices, procedures and documentation that address the RMP Prevention Program and emergency response requirements. For any identified gaps, our Team will Wend fythe tasks required to improve the safety management program and comply with the RMP rule, This \ c wi I I provide a road map for City staff to guide their efforts. HRES S IIMP task Desctlptionr 6 38 I L . F We will provide model management procedures and example formats for Implementation products for the needed RMP elements. City staff will then prepare site specific management procedures and implementation products. We will review these products and provide comments. Deliverables: None AS,4%m2siplSl; The City will prepare all aspects of the RMP unless specifically identified in the scope below or requested by the City. i Task B Sub-TasAs Work Effort Descripdons: Subtask &1: Cap Analysis/Action Plan 1. We will begin by assessing the existing programs and Information against the RMP requirements to identify any gaps in existing management processes, procedures and program documentation. The effort will consist of evaluating the current status of facility management processes, practices, procedures and documentation against the requirements of 40 CFR 68 to determine where gaps exist. We will schedule a meeting at each plant or central document control location as necessary to review relevant process and facility documentation to: > Assess current operations and programs through detailed records review, on-site assessment, and staff interviews. i Determine strengths end weaknesses of current programs and systems and suitability for reuse with or without modification. To facilitate the gaps analysis, we propose to conduct a kickoff meeting / RMP workshop at the City of Denton offices. The purpose of this meeting / workshop is to introduce out team to the plant contacts and provide a detailed unders+anding of the project scope, the Information required to conduct the gaps analysis, and to become cognizant of any specific issues or concerns at each of the plants, f Where possible, we would benefit from reviewing existing documents la srvance of the site visits to better prepare our schedule and interview questions and tow our on-site tours and inspections so as to minimize impact on the City employees' time and plant operations. Prior to the kickoff. we will provide a list of documents we will need to review during the course of the evaluation. It is anticipated that each plant will collect this Information and at a minimum have this in,ormation available ai the start of the site visit. f HRI:S k R.HP Tt%k Deunpriom 7 39 e c~ a Where gaps are identified, we will define the tasks required modifylerdwce the existing elements for compliance with the RMP regulations. We will prepare one status report for both plants using the results of the gap analysis to Identify missing or deficient management program elements and program/process documentation. It will also Identify the speciflc implementation tasks necessary to be completed to generate, modify, and implement prograrr, elements. The report will summarize the needs for each facility using a simple tabular Action Plan format that will facilitate the City's review and guide in implementation. For each identi fled need, we currently assume that City staff will generate the work product and we will review Item; however, the Action Plan will allow the City to decide if it wants us to complete certain specialized tasks. If so, we can develop estimates for the additional effort and costs, if any, required to develop the prof*am elementraem beyond that defined in this proposal. Subrask B-2t Implementation Assistance We propose to provide and review with City staff the example "Model RMP" management procedures and example formats for implemwttation products that can be used to address gaps in current programs. We Kill be "on Will to City staff during their development of work products to provide advice, as requested. We will then review City RMProgram and RMP1an work products and suggest corrections or modifications, as necessary to meet the regulations or to make the program more easily implemented. We assume that the work products will be provided for review in three major installments-1) Management Procedures, 2) Hazard Assessment and Risk Management Plan, and 3) Prevention Program and Emergency Response Program products. The principal work products to be reviewed include: Task B•2.1 Management Procedures We anticipate reviewing management procedures for the following: a Management System a Safety Information • Hazard Review • Operating Procedures • Training a Maintenance r • Compliance Audits • Incident Investigation • Emergency Response HAES do PUMP task tkscnpaom a 40 We assume that all management proceduros will be reviewed at the same time, Task 11-2.2 Hazard Assassment We assume that the hazard assessments (both draft and final) will be performed by the City staff based on the AWWARF Model kMP. We will review all worst case and alternative case release assessments using the guidance In the AWWARF model RMP for water treatment plants and provide rtommendations and one set of comments for the hazard assessments at each plant. We will also review and comment on the compiled information on five-year accident histories for each plant. Our proposed team is intimately familiar with the hazard assessment guidance contained in the AWWARF model risk management program for water treatment plants. We understands the benefits to be gained by using a consistent, EPA reviewed methodology but are also aware of the limitations in applying the model RMP guidance to plants with scrubbers or confinement buildings. We can take a more active role in evaluating the effect of confinement buildings, if requested by the City. Task B-2.3 Risk Management Plan The EPA has published guidance on the Infommt;on that must be contained In the RMPIan submission, including the required data elements and instructions for completing the RMPlan submission. As currently scheduled, EPA plans to provide affected facilities with the so I ware needed to file electronic rubmissions in January 1999. We propose to review the documents prepared by the City for submittal to the EPA as directed by 40 CFR 68, Subpart a. These documents will be reviewed for accuracy and completeness of the required information prior to the City's j certification inhere required. Task B-2.4 Prevention Program In addition to the above referenced management procedures for the prevention program elements, we propose to assist in the implementation efforts for these elements, as follows: > Safety lnformation For each plant, we will review the compiled safety information for adequacy and completeness and provide one set of comments on the safety information, 1 f HRES b itMP Yuk oacnpuom 0 41 r, . > Hazard Review The City can complete the hazard review using available checklists, however, we believe the City may went to complete the review with the assistance of someone experienced in hoard review. We propose to assist the City in conducting and documenting its hazard review. We will provide an experienced hazard review leader and scribe to conduct the hazard review with the participation of plant operations, maintenance, engineering, and safety/environmental representatives. I > Operating Procedures We will review d!e format and general content of operating drocedures. I We will also ttview the types of procedures developed to voify that appropriate operating phases are included. I > Training We will make recommendations as to the content of & syllabus and schedule for a training program and sources of training materials. To reduce the eFort required to develop the training program, we will use available manufacturers training materials to the extent possible and include training on the developed operating procedures as well as the hazards Involved with operating the system. We will review training materials deve:r* by the City. > Maintenance Facilities must Implement a maintenance program that includes a comprehensive testing and inspecdon program, wriMen maintenance procedures and maintenance training. We will review the compiled list of equipment subject to the maintenance program requirements to verity that all critical equipment types are included (eg. container hoists). We will review and provided one set of comments on the identified testing and inspection program requirements. 'o Compliance Audit No additional tasks are required in the Initial development and implementation beyond review of the management procedure discussed earlier. The City may vanl to include effort after complete implementation for us to audit detailed Implementation (e.g., completion of maintenance and associated recordkeeping). t HKES d RMP Task Doenptiom to 42 o . u I i i 1 I D lackkat lnvesdgation No additional tasks are regahW in the initial development and implementation beyond review of the menagwwt procedure discussed earlier. Task &2.3 Emergency Response IProgrnm j we anticipate that the City will revise the Emergency Action Plans (EAPs) based upon the evaluation and action items identiAed in the Raps analysis task. We will review and provide one set of comments on the revised emergency action plans. a 1 I ' I s 0 HATS A. AMP Task Detaipww i t 43 ja P . u w n n H~nrd FnminratlaP 6 pMP Labor Cool IIWkm a. tom' summery Sheet ESP~ M, r% Marl ere f« rn n rta r C sty or D"Im tub Labor ..tort r Huard EDmInatm Only sub [ yP6 Gr ea M4,llf k4jecr Wort T44Mf TOTAL FOR►IIOJOCT; AMM Tow@ $4470 Wild It 41 LA" LAW hr IM4 ONSON''" /DIM MIAL OVP hall J4yKIM m" ~ gynnr' I M•' A. HDUrd RrrduoOc,01AlMlbn 0 N 00 K 0 0 0 106 0 0 f M 100010 Lw rat D 14 1e 41 0 0 0 60 0 0 n F ,-IN OtO,661 lMr hwl 0 10 74 64 0 0 0 N 0 0 1y 10 16I 110,00 4 r~r.r 11,061 POW O&A4 hD6 e,RyOyy Dnt►yP 0 0 0 0 0t 0 0 1M 0 0 0 0 ON 001 LAW 0 0 0 0 02 0 0 116 0 0 0 0 7N 021.470 C,wwr 12.yO1 ' TOTAI LMG t • 0 f nl r. Talk opow"m Ma M~rs9 PrAS.WVF4iwkn I,MA 6 D PAM MUrpe~wrrLn 1M1 6 v fk i t ; ; NREh tIMYlI Lobw Coll 4U11 14r•r,.MU I if A•Ma1/1 RrldwlbrYERhI•w1lom Erp/h/w IN/ 111,103 FY INi,tim, nrr, CRT of DIII Sub Lobw N rIr~t;.I Nrurd Mducllo fillmkiNbR llMdy Sub elpwvm N swill Uwn A'I Vivo Tab TOTAL FOR PROJECT: htlYA loW 61*40 II I,t61 •Yw rwn r' IV r •r 0Yn tat I/R /dr1 YNhow wry ll/od .0" rvr 1w fillD ~ YYdwM JOOY Jrw/ Nov No Ibl 10rµ folk j w i rt{M wMlr 1 w,rlr+Y• •w / 1 N0 1 wvvA "AAM 7 ! d 341 v1T 1 kYwM MGM OY.,M S 1 w+t1M.,ItY* 1 ! I1 L1M _ 1 wHr•IaM.u1tY / 1 110 1/1 1 hY.Y 1 ncY111r1Mn;•,rIM ! ~ t t/l . 1 w•r.t•r MN 7 / t Ml 1 4w. W t«tert N GHtM•r 7 t 11 101 1 {MY{M.MH 1 1 rMMCrwr.H I / 1 1e !1 1,441 I IMYtMr•r 1r1Y 93 TOTAL LASOR 1 11 dl 1 / ! . / / 1 1 { ntulwN 1} 11011 41, C " m'!I W.H Epp Nr 14 t 1 f Ce+w4~5r'vt1 II CAA I'$I 14 * 1 l 1 lyll•{.I I,N{y~ 1., 1 t 1 4~1wM 1•Y 1 110 1 1 r4dM M1~HfM fnd it * * 1 IN 1 . {Ir YI. IV I+ N 11 1 r YM Mrrad 1/ 1 N 1 '1.Y+mN~M9A 1 1 1 n." IAI I,uk ~rrvMt t / 1 1 rnf •{'knlcl U11Mr/ 141 M j % C I I 044 It R, Ihpe11 Lhbol Cost H1,MI ew, I+r. Ixl A • Hui! R/ductlodEllmin1110n EIpsn"s 11,188 !11,10/ behllorvol l r, o e* C Ill afOsnl m 8 ub Llbor 0 WSenpl I,.mw Hllhrd Redu:IlonRllminlIMlhWV Bub ER Is .,tier WoMalll TOTAL NA PRQIECT; ►rapal Tows 111.881 (IN,101 A W n Cpeth III Poll 1 r of al" Ren Ran boon AhaI M" LAM LAW rM1lw 1'Y nw ow.wwo MWAMen Jowl ,IYgo Hull w rw MAL TOTLL NOUN 9 M a `w L/=00 1 - DM'w 0 A•1 1 14 L" 1 h,rwl ta+rNNOw / r •wwa ta+w~M ! 1 1 10 I'M / to+ewriem 1 I / / !I 1,101 p 1 aMlauarwkMbn / 1 JL eqv 1 / I.kuJw Iwwmrry 1 1 1 1 H! e row rsm haw 1 IwwV1aM 1 1 b / ' 1 37 1,10 0 0 0 0 0 0 0 0 0 0 0 0 0 W TOTAL LAW 10 24 0 0 0 11 Af- 1 i ur/ costs + cw•"l yen to 000 Iwq Cleo hti 0 1 1 A Com CanK MaM CAI) lie h+ 1T{ H/ roauye l r,ovi IA 1 0 0 0 1 r. e Ae N,ml 14Lwp 1 100 0 1 1 worn, NOAl CN Iona. It 1' 110 M~Neye hir /+a 110+ 88 1 1 + M~heMOar i 1 16/ 104 e LwiMf~pnM MIa ~O eYt~ A& -;Ik jamb" e Ut AmlA 1 / 1 ,a I+I[meuWal I 1 1 . M444 0-94 --tOUI MlC1IJIIM/I __~,,,~Iy1M N 1 IL1M1 x All +»w Mill, Nwl l labor c"I all 4" I r 1 0 • III♦b AIIMpanNMl Imam [f/1MN1 u,Hl li am ll s* ,.e., CNVMArken rub labor N nN„r r Mulll IlfAipbMMmuu110n Iluer rub 4 n♦M N a Ww* ~Mr rWwh Trtl TOTAL IF OR/NOJI rrod fr,Mf 04.m alollnu 5"4 uaa Ira 1ru rAY 1.0 1.Or,l N MW" 064WOW Md MAL MK IY Milk f I + SAM A hu JJ 1 I i I t ' fi ,tW^rnr~IfrM Ill wnti lurrlf.~+l / 1 Il 101 r 1 nM I~,rp.M M / 1 1 100 0,110 rl nr.w r»rf» >a IO 111 11 1wr,r I ~MM rirrM 1 IN 14 1,100 I a 1 1 € V ~ I 772 7 ,t1l. 1 v r h+N C M i I.S+ I t..: r .A Cn", Y d Mt,, If k 0 1 (s *,%Ala N,e (AO la 6% 0 ♦ 7wo, 0 b V" 7 LIM Mar rrwcr f\o• ft ayI ♦ a k 710 11 0 • ' t c, Exhibit H f Payment for Services Hazard Reductloa/Eliminstlon Study sued Risk Management Plan Study unbe an tt of $36,269.00 for not 10 exceed $604,0 0000 which amount consists of a lump i sum not.to•exxceed shall he Hazard Reduction/Elimination Study, based upon monthly billings bated on a percentage of work completed, and a not-to-exceed amount of $24,201.00 for special tasks based upon monthly billings at hourly rates descnW in Exhibit C, such special teaks to be performed and paid only for the Risk Management Plan portion of the project. 48 ` a t _►W.. i I c. I r Eshlblt C Special Services Risk Mrnaaement Plan Hourly NUIWg Rates NamelCatenorv BiNne Rate (I Glen Middleton $135 Peter Puglionesl $105 David Baird $ 60 r f.• f, 49 z r u . i C11YOF DEN?ON MWECr MANAM Glen Wddldon, P.E. o HAZE ARE K19K MANAMMEW ~ Ron Joost, P.E. Davld Boird Peter Nglionost, P,E. t+so Farrington, PE. Shal Md3", PE. Kenneth James, FE. Do-4 Setter, PE. Wolid Karam, PE. Sco" Tyler, P.E. loo Monscvih Ja MW"ts r _ ...._.....__.....,....l...._.... .::At`!'. +23!9 :.-i 1.. i e- , t. [ 0000 CAPITAL LVIPROVENIFNT PROTECT M 00.0460.04 PRO) TMJA IG1 CHLORINATION SYSTEM EMERGENCY GAS SCR OURS LST MAr DCOSM SSM to IMSI GROUT ASSIGNMRWI IS LSSCRIMON: AM SnjM wMW 6A4 waWwriry ,111 ►ndYdr Mdynwl w *N rr ww Aakg a 4 'fa dM w Ww%wlw qom at dw $po w Rwd wdw r"mm" r" L . !L RlOSE: N w"" wwkw S hq MW SrNwl dw aNNrky b" w"n NM do M r wddaw rd ms M e" I SN dw N KwpNrw w larw 4fW. T4 NNOy WM Nbly ew dfi - w rl OA"" Mi f r"ONOW&ABr he dw cmed" bob" mwnw Stn howw" Aroebdw, veown M co& QA w1 TNRCC. i BOND RRY AIC as TOTAL RpIS► A& AN: OTSNR TOTAL i TOTAL wr YR NN N N N NS N► N N N INI •TOTALMn N N N N N N N N N N TOTAL Irk n N N N N N N M N N N ORAIOM4 SIN N N N NI NN N N N on RNCt MRAM DATM ftumbwr raOak s SitA~ IM" AVOW OwNiStir~rr SIM , NN , , ONrd PN~Yr w DK%"RANCL TOTAL un I~ r ~ SI EXHISIT III I II~ ,It i i N +r ~ YI. N rrA Y r r+ , CY ' + n j r tiri M 1w r♦ ~aY . fi .N• n Y 'w.. .,P rYrr M• y4. rF M' ~•xx r.'~ 4.+' ~ r,:.N - r r sa rY YyvW .r.• rt~lea ry ~Y PY~r.• JAY YrNMSrI♦r.rr >w~'. rP..~r i • ...wr..nr •ai Y+M rrwwwfiYtwM Fir.rq w.aw.r .rva.. •w. tl ..i urrrrr♦ ~ri'i t@✓M,r ttYl'/ wr+.Pia.•n- 1 rw P~r.r rrwr♦ c.N,s.n iw+lrMl. ~w /~il+w ~,i`♦ . r.. ♦ L. wrw rfk P.rrr wep NrgwsrrMM./tY.Pa, M!t ,-....a- • , wr++.r .rJ e.N•a-:+rr MM'YSMi••r M+asYµr.tpl waa.+ i ,+~ie.'• .r ,l Yr' ' 'r x,r.d r..r.nV '.rr' V+It4W rie.w .4Yd+rM✓rtrMY~~r w.tl _ P ) ~}Mr-,t J•9f ~tNMrNrMw/1tu MMY~.•u~w, M • Y ~ s ilk. ~ .,mr Yt 't. MM'Y.'Iwsrrwa~PrYr+.Y1. , t. .r ,ten WnYY ~rlMw w+WY Cwhw•. " + 1 _ , r~~ir.MNl~r 'rV W1•aw+~,.wtsP✓rrw~r+.♦raY~i• W ° r: n.., Iv r M ter.. ~ Yx.wwrr .rr ~.w Y•.ratrw wr •J'NA7{r rrYi'r t' ~ "y°' " r• 5F r+ sr u w ~.e w.wr rtr.r kill h,rNN M.lwr re M-r~n}, VI,Y A~ , Ise .i n.rr wYw r. v~Yr uM M:1'~~TN arr Y'.,'P ' wr Y., nl r•.w YU.• rtw.a.•a1N.Yw K7t j$ y ~~yy Y..s • ~„M.r~+~ .r Y' " • rs~ t!. ts.Atw Nt }r3^] AM11 T_ f'.r - r. ,rsH M ,M MMI:1are lP 'L Y t w x . , w, YY M TI N' YO.'41 raY Y r P J' V ,Y e~t~ TT 1 L.o VW, N r TIC' ♦ 1 kAl r a„ a/ 1 ~ f1 Y 6 ~ i r w I 4 1 1 4 carOLLO ! City of Denton HAZARD REDUCTION/ELIMINATION STUDY ! FINAL REPORT March 1000 hh a o. MioouroH l+'. Pei H CWmA Demon DAL 4762AWOV90HRE AWFIMNA MIab4 C0C0Mft C*V*Vd 7110 MARVEi1 HU ROAD. 0001 117 i DALLA6 MAS ?1110 AM 1114141 PAX !1111 116111T I t EXECUTIVE SUMMARY HAZARD REDUCTION/ELIMINATION STUDY ` CITY OF DENTON The purpose of this Hazard Red uctlonlElimination Study Is to evaluate options to reduce j the risks associated with hazardous chemicals or eliminate the risks totally by using non- hazardous chemicals for disinfection processes. The Oity of Denton Water Utilities has two major facilities where hazardous chemicals are stored. The Spencer Rood Water Treatment Plant (WTP) stores gaseous chlorine and ammonia and the Pecan Creek Water Reclamation Plant (WRP) stores gaseous chlorine and sulfur dioxide. This study evaluated the existing disinfection processes at both plants. For the Spencer Road WTP, an evaluation of alternative disinfection processes was also conducted which included a I process evaluation, hazard comparison and life-cycle cost comparison for each alternative, I At the Pecan Creek WRP only the existing disinfection systems were evaluated since an evaluation of alternative disinfection systems Is being conducted under the facility master plan I The City of Denton is currently completing a Risk Management Plan (RMP) for both treatment plants. The AMP study evaluates the potential hazards associated with the existing facilities. This study will supplement that work and form a basis for considering I other alternatives for Improving or replacing the chemicals stored at the plants. I Alternatives Evaluated The following five alternatives for the chlorine disinfection process were evaluated: i• Modifications to Existing Gaseous Chlorine System I New Chlorine Building Delivered Sodium Hypochiorits Solution , i On-Site Generation of Sodium Hypochlorite r On-Site Generation of Chlorine Gas The following three alternatives for the ammonia disinfection process were evaluated: r Existing Anhydrous Ammonia System Delivered Aqueous Ammonia Solution Delivered Ammonium Sulfate Solution Regulatory Summary There are many regulations that Impact the design and operation of chemical facilities where hazardous chemicals are stored and handled. The chemical"aseous chlorine. I anhydrous ammonia and sulfur dioxide-used at the City of Denton plants are generally classified as hazardous chemicals. The pertinent regulations Include the Uniform Fire (UFC) r ' a r, and Uniform Building (UBC) Codes and the EPA Risk Management Program. Specific t 1 P requirements for aach of these regulations are discussed In Chapter 2. The City N Denton treatment plants are currently not In violation of the various building codes; however, Hazard Reduction/Elimination Study Carollo Engineers Executive Summary ES-1 a should modifications occur, the facilities must be brought up to the newer code requirements, In addition, there are specific Texas Natural Resource Conservation Commission (TNRCC) requirements that govern water and wastewater treatment plants. Evaluation of Existing Dlsinfectlon Processes at Spencer WTP The Spencer Road WTP currently uses gaseous chlorin. and anhydrous ammonia for disinfection of water. Chlorine one-ton cylinders are stored in a holding area across the ' road from the Chemical Building and then transferred via a monorail to the Chlorine Feed room. Anhydrous ammonia Is stored In a bulk storage tank just north of the Chemical Building. Chlorine System Only four cylinders can be in service at one time which limits the flexibility of the feeding operations. During the summer months, all four cylinders are required to meet the peak feed rate which limits the flexibility of operations and requires quick change out of cylinders. There are a number of Issues regarding the code requirement; inat must be addressed during tiny facility Improvements, such as fire sprinklers, I liquid containment, ventilation system and scrubbing system. The City nas Installed a significant amount of safety equipment in the chlorine room area and conducts a vigilant preventive maintenance program. I Several minor modifications are discussed but, given the limited feeding capacity and the code requirements, r, major modification of the existing facilities Is recommended. These modifications could Include either a new Chlorine Building or a major rehabilitation of the existing facilities. A new Chlorine Building would address the code I requirements and feed rate requirements In addition to enhancing the off-loading and storage arrangements. The new building would be located to the northeast of the existing facility and would include storage containment, feeding equipment and scrubbing p ' equipment. The rehabilitation of the existing facilities would address most of the code requirements but would not address the off-loading procedures, open storage area and cylinder transfer system, Modifications to the existing facilities would Include enlargement ' of the chlorine cylinder feed room, separation of cylinders from the electrical system and installation of a scrubbing system, ire alarm system, emergency power system along with other miscellaneous Improvements such as alarms, warning lights and algnage. r Ammonia System r The ammonia storage facilities are localed outside and the feed equipment Is located In the t i ` l r old Chemical Building, The amount of ammonia stored is below the threshold limit of the AMP but are within the requirements of the UFO and UBC; consequently, any modification to the storage facilities would require upgrading to meet the code requirements. Since r` Hazard Reductioru'Elimination Study Caroilo Engineers Executive Summary ES-2 ct; a ammonia is classified as an cddanl and Irritant and not a toxic substance under the UBC and UFC, containment and scrubbing are not required. However, if the new Chlorine Building option is built as recommended, a building addition for new ammonia facilities would be relatively easy and require only a small Incremental Increase In construction cost. This would pruvlde some additional safety for the ammonia storage tank in regards to i operating pressure and temperature and would help contain a potential ammonia inak. r Evaluation of Existing Disinfection Processes at Pecan Creek WRP r The Pecan Creek WAP currently uses gaseous chlorine and gaseous sulfur dioxide for the disinfection/dechlorination process. Gaseous chlorine and sulfur dioxide are both stored outdoors in one-ton cylinders under a C canopy sun-shield. Both systems are vacuum-controlled from a point approximately 10-toot from the cylinders I Therefore, the weak point in these systems " Is the pressurized section of pipeAubing from the cylinder to the vacuum regulator. Hazard reduction options to these systems Include moving the vacuum regulator to the individual cylinders themselves or installation of automat'- shutoff valves mounted on each cylinder that would dose when a chlorine leak is detected. Major I modifications recommended Include enclosure of the entire storage and feed facilities and Installation of a scrubber system. Alternative Disinfection Process Evaluation Chlorination alternatives were evaluated as a replacement for the gaseous chlorine facilities at the Spencer Road WiP. These alternatives include delivery of sodium hypochlorite I solution and on-site production of gaseous 61orlne and liquid sodium hypochiorite solution. Ammonlation alternatives Include delivared aqueous ammonia and ammonium sulfate solutions. Delivered sodium hypochlorlfe solution to available in a 10 to 15 percent concentration. The primary advantages are that k Is a non•toxlc liquid as compared to gaseous chlorine and Is a relatively simple system requiring only a storage tank and chemical feed pumps. However, there are several disadvantages such as higher chemical cost, strength degradation during storage, formation of chlorate Ion, difficulties associated with degassing and operator unfamiliarity. On-alto generation of sodium hypochloMe solution Is formed by a chemical reaction In an undivided electrolytic cell with the application of tx current. The generation facilities are skid-mounted and require only softened water and food-grade salt. Since the strength of the solution produced is less than i percent and can be produced as required, most of the r t ` e problems associated wibl degradation and storage of the solution are eliminated. Two disadvantages are the water softener brine waste stream generated and the hydrogen gas formed. Normally the brine solution can be discharged to the sewer and the hydrogen gas Hazard Reduction/Elimination Study Carollo Engineers Executive Summary ES-3 C i vented to the atmosphere, Lower operat;ng cost than delivered sodium hypochlorite but a higher capital cost. On-site generation of chlorine gas is formed by a chemical reaction similar to that used for on-site sodium hyperhlorite except that gaseous chlorine Is produced. The advantage of this system Is that only a small amount of chlorine gas Is produced and stored on site. However, because of limitations In eq-,jlpment size, the storage facilities would still require a scrubber. This system also requires considerable equipment for drying and compressing of the chlorine gas and requires significant operator attention. This process 6so requires disposal of the brine solution and hydrogen gas. Aqueous ammonia solution is available commercially. In solution strengths below 20 percent it does not require an RMP and does not pose a significant risk to the surrounding oommut,ities. However, because of its volatility, a pressure vessel is required along with containment facilities, emergency power, alarms, and leak detection equipment. The tow partial pressure of the solution requires some complexity In the pumping and instrumentation facilities, i Ammonium suffsfe solution recently became available commercially. The advantage Is that the solution has a partial pressure similar to water; therefore, the only facilities required are a storage tank, containment facilities and feed pumps, OWnfection Process Cost Evaluation An economic analysis was performed on the chlorine and ammor, a chemical teed i_ alternatives. The existing gaseous chlorine and ammonia feed facilities were used as the base-cost for comparing the alternatives. The cap tal cost was determined for each alternative including the existing gas teed facilities. Life-cycle costs for operation of the I alternatives including chemicals and tabor were developed, The graphs on the next page summarize the findings of this study regarding cost comparisons. , Risk Evaluation The relative risks associated with storage and use of hazardous chemicals are discussed in I Chapter 9. The safety record of the water treatment Industry relative to the use of hazardous chemicals has been very good historically. According to :ferencos, only one utility employee has died as a result of a chlorine leak. Considering the long-term, widespread j use of gaseous chlorine and its relative danger, this Is an excellent safety record. There have been several major chlorine leak Incidents during the transportation of chlorine, Consequently, several large, densely populated cities have banned gaseous chlorine from being transported within their Jurisdiction. More recently, numerous cities in California have switched to sodium hypochlorite to reduce the exposure to gaseous chlorine. In some cases risks can be eliminated; however, usually it is a case of offsetting risks. The risks sometimes are reduced in cne area and increased in another area. For example, a change to sodium hypochiorito would eliminate the exposure risks of olfsite residents but c I would Increase the risks for plant operating personnel Hazard Reduction/Elimination Study Carollo Engineers Executive Summary ES-4 I I C h1orl me Al terns lives $7.000000 ~COAM Coals1 ~~CRD IaI Gosl $5.000 o00 $S 000 000 SA OW 000 $0 000 000 62 000 000 I i $1,000000 11 .u ~ S' ~lJS Aid MudAiwlwn of hww CnWxy pellveted Sodium On Sae Oene•rton OnSrte Onneranon FAV C+onne euddinp HgwhlvIs of SMwm C1 Chvyne Oea Oki; Sdullon l4W*:hkAItl i Arnmonla Alternatives ~OOAM Coa+a ■G Al Call µ $ 1 600 000 f _ 3 91 a(10 000 t $1 200000 1 s 100o auo i S8N ono i $600000 $400 C90 i 200 000 S Ariny+vuf AMMm A klu ue Ammons Ammonhim &Oslo 1 I I I Hazard Reduction; Elimination Study Carollo Engineers Executive Summary ES-5 c~ There are many different types of risks associated with the stoiaga and use of hazardous chemicals. For purposes of this study, they were divided into the following; Transportation to the site i Unloading of the chemical at the deiNery site i Storage of the chemical Operational procedures for moving containers Metering and conveying of the chemical to the application point There are controllable risks and uncontrollable risks. Controllable risks are those that the I City can manage to an acceptable degree of risk through safety equipment and I procedures. Uncontrollable risks are those that the City has no control over, such as tornadoes or lightning strikes, plane crashes, and other low-probability events. The transportation of the chemicals to the site is generally uncontrollable except potentially through the selection of the route to the site. Unloading, storage and positioning risks we generally low. According to references, a container rupture and failure has never occurred at a water or wastewater treatment plant However, fusible plug failures can occur and storage of containers out of the direct sun Is an Important consideration, The City has addressed this Issue, Metering and conveying risks are by far the most significant risks I associated with treatment plants, The failure of the flexible connections Is the second most common cause of chlorine releases followed by valve packing failure, gasket failure and equipment failure. The recommendations of this study address these Issues. Recommendations for Spencer Rood WTP There are no regulatory regilrements Wall dictate that the City of Denton modify their current disinfection feed systems. However, there are code requirements that would be necessary if significant modifications were undertaken to the existing facilities. The exieting facilities at the Spencer Road WiP are well-operated and maintained by City staff. The most likely scenario for a chlorine leak would Involve the failure of the oonnecliornslpiping between the one-ton cylinders and tho chlorinators, A chlorine leak could be limited to the Chemical Building with proper containment and the addition of a chlorine scrubber. Ine alternatives to gaseous chlorine all Involve significantly greater cost on a present-worth analysis. We believe the City of Denton would be best served to maintain the use of gaseous iorine at the Spencer Road WTP. The City should consider construction of a new Chlorine Building to provide containment for a potential gaseous chlorine leak for both the feed and the cylinder storage facilities. The construction of a new facility would eliminate the double handling that Is currently required at the a fisting facility. Although the modification of the existing facility Is possible, facility and site "straints do not allow all requlrements to be addressed. The new building would expand the capability of the facilities for e„hanced operational flexlblI4 along with meeting TNRCC requirements. A I new building would also allow the existing chlorine feed facilities to be kept In operation rr, without risk Impacts caused by construction around the active cylinders. The estimated a A, c. cost for the recommended chlorine Improvements is $1,668,300. I r Hazard ReductlonlEllminatloo Study Carollo Engineers Executive Summary i ES•A c , G ` The City Is contemplating the construction of ozone feed facilities to meet future water quality regulations. The anticipated construction area for these facilities is the same as for 1 the recommended new Chlorine Building, Therefore, since there are no regulatory requirements that the new Chlorine Building be constructed Immediately, we recommend that both facilities be combined Into one building, However, as an Interim safety enhancement, we recommend that automatW cylinder Isolation valves be Installed until the i I new facilities are operational. The estimated cost for these valves Is $30,000, Similar to the chlorination system, there are no regulatory requirements that dictate the City of Denton modify the current anhydrous ammonia system. However, the covering or enclosure of the existing storage tank would enhance the operation of the an monla feed system. Our recommendation Is that the City maintain the existing anhydrous ammonia system but incorporate a new storage and feed facility as an addition to the new Chlorine Building, The incremental construction cost for this addition to $197,300. I . Recommendations for Pecan Creek WRp The existing chlorine and sulfur dioxide facilities at this facility present a minimal risk to the ptt surrounding area, The vacuum system from near the storage . system. However, the weak cytn Is an excellent , piping points are flexible connections, valve pecking, gasket and equipment failures. Therefore, if the facility Master Plan study currently underway determines that the existing rhlorlne system Is the best alternative, we recommend that the facilities be enclosed and a scrubber provided to treat either a chlorine or sulfur dioxide potential leak. The estimated capital cost for both systems le $1,000,000. M interim J Improvement that could be Instalod before an alternative system is available are automatic Il shutoff valves on each cylinder at an estimated cost of $90.000. 4 i I1 Hazard Reduction/Eliminatlon Study Carollo Englneers Executive Summary ! £S.7 C ti City of Denton HAZARD REDUCTIOWELIMINATION STUDY Final Report TABLE OF CONTENTS EXECUTIVE SUMMARY ES1 CHAPTER 1 • INTRODUCTION L 1.1 PROJECT BACKGROUND . 1.1 Spencer Road WTP 1.1 Pecan Creek WRP 1.2 1.2 PROJECT OBJECTIVE 1.2 1.3 ALTERNATIVE CHEMICAL FORMS 1.2 Chlorine Alternatives 1.2 Ammonia Alternatives 1.7 t 1.4 DECHLORINATION ALTERNATIVES : . . . . , 1.9 i 1.5 GENERAL ASSUMPTIONS . 1.9 1.8 CONSULTANT SCONE OF WORK . 1-9 ( CHAPTER 2 - REGULATORY SUMMARY I 2.1 INTROOW.;TION 21 2.2 THE UNIFORM FIRE CODE . 2.1 Classification of Hazardous Materials . 2.2 Specific Uniform Pre Code Requirements 23 2.3 UNIFORM BUILDING COOS 2.4 Specific Uniform Building Code Requirements 2.5 2.4 ENVIRONMENTAL PROTECTION AGENCYS RISK MANAGEMENT PROGRkM (RMP) . 2.5 Specific RMP Requirements 2.7 I 2.5 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION REQUIREMENTS. 24 2.8 MISCELLANEOUS CODES 2.8 2.7 REGULATORY SUMMARY . . 2,8 CHAPTER 3 • EVALUATION OF EXISTING DISINFECTION PROCESSES 3.1 INTRODUCTION 3.1 3.2 SPENCER ROAD WATER TREATMENT PLANT............................. 3.1 Gaseous Chlorine Facilities . . 3.1 Anhydrous Ammonia Facilities 3.10 33 PECAI,' CREEK WATER RECLAMATION PLAINT 3.13 Gaseous Chlorine Facilities 3.13 i~ Sulfur Dioxide Facilities . 3.18 I H CuM Zrton.DALAM #b0DVAprHRF RMP;Ir4,R000ATW4 III Canbne.Cow Wd I l I f E CHAPTER 4 • ALTERNATIVE DISINFECTION PROCESS EVALUATION { 4.1 INTRODUCTION 4.2 CHLORINATION ALTERNATIVES . 4-1 Delivered Sodium Hypochlorite Solution 4.1 On-Site Generation of Sodium Hypochlorits from Brine 4S On-Site Generation of Chlorine Gas . . 4-6 4,3 AMMONIATION 4.9 Delivered Aqueous Ammonlo Solution 4.9 Delivered Ammonium Sulfate Solution , . 4.10 CHAPTER 5 • DISINFECTION PROCESS COST EVALUATION l 5.1 INTRODUCTION . 6.1 j Economic Criteria 6.1 Manufacturer Budgetary Costs 5-2 t Chemical Supplier Budgetary Costs 6.2 6.2 EXISTING DISINFECTION PROCESS COSTS . . 6.3 5.3 ALTERNATIVES TO EXISTING CHLORINE SYSTEM . 6.4 Delivered Sodium Hypoohlorits Solution (Alternative 18) 5-4 ' On-Site Generation of Sodium Hypochlorite Solution (Alternative 10) 5-4 On-Site Generation of Chlorine Gas (Alternative 1 D) . , 64 Summary of Chlorination Alternative Costs 84 5.4 ALTERNATIVES TO EXISTING AMMONIA SYSTEM 6.5 Delivered Aqueous Ammonia Solution (Alternative 2A) . 6-6 Delivered Liquid Ammonium Sulfate Solution (Alternative 28) 6-5 Summary of Ammonia Alternative Costs . . . . . 6.5 CHAPTER 6 • RISK EVALUATION . 8.1 INTRODUCTION , , . 81 Historical Chlorine Accidents . . . . 6.2 81 RISK DISCUSSION Controllable Versus Uncontrollable Risks . 8.4 Transporting Chemicals to the Plant Site Risks . . . 8-4 Unloading, Storage and Positioning Risks 8-5 Metering and Conveying Risks , . 8-5 Elimination Versus Reduction of Risk . 8.8 8.3 RISK EVALUATION AT SPENCER ROAD WTP . . 6-8 Chlorination 8-0 Ammonlation . 8-9 CHAPTER 7 • RECOMMENDATIONS r 7.1 CHLORINATION AT SPENCER ROAD WTP 7.1 r: 7.2 AMMONIATION AT SPENCER ROAD WTP . 7.2 H.,04 r1o Doreon_15ALW82AMINY RprHFE Am" rx4pKTob s d C Car. rya li i , k k. LIST OF TABLES 2.1 Classification of Evaluated Disinfection Chemicals 2.2 2.2 Indoor Occupancies or Evalurt:.d Disinfection Chemicals . 2.4 21 RMP Exempt Amounts of Evaluated Disinfection Chemicals 2-0 5,1 Cost of UGlitles and Chemicals 5.1 5.2 Plant Operational Conditions 5.2 6.3 Pummary of Cost Equivalents 5.3 5.4 Summary of Chlorine Alternatives 6-0 6.5 Summary of Ammonia Alternatives . 5.7 UST OF FIGURES 1.1 Spencer Road WTP Site Plan 1.3 1.2 Pecan Creek WRPSite Plan 1.4 3.1 Spencer Road WTP Cl, Photo , " 3.2 3.2 Spencer Road WTP Cl, Photo 3.2 I 3.3 Spencer Road WTP Cl, Photo • . • . • , , • , 3.3 3.4 Spencer Road WTP Cl, Photo . • 3-3 3.5 Existing Chemical Building Modifications • • . 3.0 3.8 Spencer Road WTP Ammonia Photo . . • 3.11 3.7 Pecan Creek WRP CI, Photo . . 3.14 3,8 Pecan Creek WRP Cl, Photo 314 3.9 Pecan Creek WRP CI, Photo . 3.15 3.10 Pecan Creek WRP SO, Photo ...11•..•.,, • . 3.15 4.1 Delivered Sodium Hypochlorlte Solution 4.2 4.2 On-Site Sodium Hypochlorite Generation 4.5 4,1 On-Site Chlorine Gas Generation . 4.8 4A Aqueous Ammonia Delivery . 4-11 I Ammonium 4,5 &I ","''.,"'.1111",",,,`„'..... 412 tionDeccision Sulfate Delivery 6.1 Chlorination Decision Tree • d5 6.2 Ammoniatlon Decision Tree 8.10 LIST OF APPENDICES t Appendix A Detailed Description of the Assumptions Appendix B Copy of Scope of Work tot this Hazard Reducllon/Ellmination Study Appendix C Cost Estimates Spencer Road WTP Alternatlve,l, Modifications to Existing Chlorine Building Spencer Road WTP ARarnetlve 1A, Now Chlorine Building Spencer Road WTP Alternative 18, Delivered Sodium HypochlorNe Solution Spencer Road WTP Alternative 10, On-Slte Generation of Hypochlorita Solution Spencer Road WTP Altenoative 10, On-SNP Generation of Chlorine Gas Spencer Road WTP Alternative 2, Delivo,e~ i ,lnhydrous Ammonia Spencer Road WTP Aiterna1ve 2A, Delis,., W Aqueous Ammonia Spencer Road WTP Alternative 2B, Delivered Ammonium Sulfate Solution I H ~0U",Dw t>1 DAl*,4A00-NJWHRE RW;W&Ao WtJabW d CW Cm *PQ Nl t I I r i r. Chapter 1 INTRODUCTION 1.1 PROJECT BACKGROUND The purpose of this Hazard Reduction/Elimination Study (HRES) is to evaluate options to reduce the risks associated with hazardous chemicals or eliminate the risks totally by using non-hazardous chemicals for the disinfection processes. The City of Denton Water Utilities has two major facilities where hazardous chemicals--gaseous chlorine, anhydrous ammonia and sulfur dioxide-are stored. The Spomcer Road Water Treatment Plant (WTP) stores chlorine and ammonia and the Pecan Creek Water Reclamation Plant (WRP) stores chlorine and sulfur dioxide. This study will evaluate the existing disinfection processes at i both plants. For the Spencer Road WTP, an evaluation of alternative disinfection processes will be conducted, The Initial construction cost along with the annual chemical, electrical, operating/safety expenses and maintenance expenses will be prepared for each alternative, A process evaluation, hazard comparison and life-cycle comparison will be prepared for each alternative, Spencer Road WTP The Spencer Road WTP Is a conventional water treatment plant located at 1701 -8 Spencer n _ ENTON lf1~M + " ~ h 1 7 x .~,~f ,III VJr P" criek tP 7 vv Y I o ~f 1I - w r~-ra..uen env m H Gwrft 114mm 04:003AMNIP MAI RM,JA§JF4 rCh01 *0d 1 1 i 6 Road on the Denton Power Plant site. The original 4•mgd plant was constructed In 1957 and has been expanded several times to the plant's current rated capacity of 30 million gallons per day (mgd). The raw water source Is Lowlevi lie Lake. The unit processes consist of rapid mix, flocculation, sedimentation, filtration, disinfection, clear well and pumping € station along with chemical feed facilities. Gaseous chlorine and anhydrous ammonia are currently used In the disinfection process. The map on the previous page shcwa the locaton cf the plant. Figure 1.1 shows the layout of the plant. Pecan Creek WRP The Pecan Creek WAP Is an advanced secondary wastewater treatment plant serving the City of Denton. The facility Is located at 1100 Mayhill Road-at the end of Treatment Plant Road-on approximately 21 acres. The plant has a capacity of 15 mgd and normally treats 8 mgd on an average day. Tho plant his the following unit processes: preliminay screening, primary treatment, convenlional activated sludge secondary treatment, filtration, disinfection and dechlorinstlon. Gaseous chlorine and sulfur dioxide are used In the disinfection process. The plant discharge permit provides for the following effluent requirements: 0 800, of 10 milligrams per liter (mgt), l • TSS of 18 mg/l. Ammonia Nitrogen of 3 mg/L. The map on the previous page shows the location of the plant, Figure 1.2 shows the plant layout, The initial plant was built In 1064 and subsequent expenslons have occurred In 1070, 1982, and 104. 1.2 PROJECT OBJECTIVE The City of Denton Is currently completing a Risk Management Plan (RMP) for both treatment plants as required by 40 CFR, Part 88. The objective of this HRES study Is to complement the RMP study by evaluating various disinfection options to either reduce and/or eliminate 11~e hazard assoclated with the chemicals used for disinfection at each of these plants 1,3 ALTERNATIVE CHEMICAL FORMS Chlorine Altametlves Chlorine alternatives used in the water lndustq consist of gaseous chlorine or liquid ` f' Jr chlorine, ouch as sodium hypochlorHo solution (bleach), f M,rdwrnl~DMron.OJ.L ugA001DMI1pNfpf RMPiFp+MMPO'A*41 w0d 1.2 U U CANUO mOmo$ 1 I a f z W lQR\ I p ~ Q o W CUMMl VAW01 ; v OC 114.4 o o *&O W" P PUMP fM ' O o a"°"i"oa ` LFAT Ic w I~ CC 81TE PLAN f f. illl it 1 I Z .J C Bar OLDO /,oo `f. W I C~k1B0 wt»/ W ■xn«o ~ - I: ' ~ ~O nary A=k awd+ n i~a ra.~ No.r ~ j ° K+111 +a.w ,Ilom toR+ AM W" V It p nucw wo.i N N N N 1+ pho n~tq raa R t R n~tu w.+ ~ i $ "'wuat ~ l ~ ~ww r u a~tw ate, ~ ~ c AL I a 1:n Z I ci fines ~u~w ei r. W.1 I o o r~ t l ►t t; Iz Id r; u 4 Gaseous Chlorine Gaseous chlorine has been and Is still ft most commonly used disinfectant In the water treatment Industry , It is stored under pressure In an equilibrlum gaseous/llquid state. Withdrawal can be either as a liquid or as a gas depending upon the temperature and chemical feed equipment. Gaseous chlorine storage for small plants is usually 150-pound cylinders, medium•szed plants is usually 1•ion cylinders, and larger plants usually use either stationary 25-ton storage tanks, 11 7•ton tanker trailers, or mobile Wton ralioars, If rail supply Is available, Gaseous chlorine has been used for disinfection at both Denton plants since the Initial phases. j Gaseous chlorine Is classified as a toxic compressed gas and Is one of the most hazardous chemicals that can be found at water or wastewater treatment plants. Because it is heavler than We, an accldentAJ leak can threaten not only the plant staff but people In the surrounding community. Concern over the hazards associated with chlorine has lead to safety pr grams widely adopted by the water and wastewater Industry. As a result, there have been very few chlorine accidents nationwide and none In the City of Denton. delivered Sodlum Hypoehlorffe SoNtion Sodium hyr,ochlorite solution has become more popular In recent years, especially In the Western states, because It Is not classified as a toxic maMxial and the potential hazard of a chemical spill is generally limited to the Immediate workers. It can be handfed by atmospheric storage tanks and pumping. However, it Is not without risks. It vapodzos I readily and the fumes can cause severe irritation to those Individuals in the Immediate vicinity as well as cause vapor-locking of pumping equipment, Mother hazard Is the potential for mixing chemicals, A July 21, IM eocidental mixing of sodium hypochloelts with aluminum sulfate in Holland, Michigan caused the release of chlorine gas and sent 10 1 people to the hospital for treatment. A major cost drawback Is the quantity of water that must be transported and handled, Sodium hypochlorite Is typically del vered at approximately a 10 to 12 percent solution; consequently, significant storage and pumping facilities are required. If the sodium ! hypochlorite Is further diluted at the site even larger storage facilities are required. Sodium hypochlorits solution will significantly decompose over time. Two parallel decomposition pathways lead to the undesirable by-products chlorate Ion and gaseous oxygen; I 3CIO- -4Ci01-+20- I 200--►0218„1 +20- t 1 jr\ t ..i These reactions inoreass In rate with higher hypochlorite solution concentration and temperature, The decomposition can become significant enough that a solution can lose H,ai~«+x,(wnon tlAtura~acarRpSHPiPIiM,MrPpomCn61 wp0 t•5 I 1 ten percent of its strength in one month. This characteristic demands that dose Inventory control be practiced so that the solution does not become excessively week. Some preliminary health effect studies had shown hematological effect In laboratory animal as a result of exposures to chlorate Ions. However, subsequent studies showed no signs of blood cell damage even at elevated dosages. Currently, chlorate Is not proposed for regulation; however, theta have been some discussions regarding regulating chlorate ion at a maximum contaminate level of 1.0 milligrams per liter In the future, The addition of a significantly decomposed :,odium hypochlorite solution can contribute a significant amount of chlorate Ion to finished water. The oxygen gas can pose problems in the piping systems between the storage tanks and application points. Gas binding can occur In the high points of piping systc m acid hypochlorite solution can burst piping 4 trapped between two closed valves for x long period of time. This gas binding has resulted in sodium hypochlorite solution systems being generally lees reliable then gaseous chlorine systems. Another drawback Is the unfamiliarity that water Industry workers have in using the chemical. Whon several California ublkles switched to sodium hypochlorite starting about 10 years ago, they were plagued with problems such as bursting piping and valves as a result of the decomposition off-gassing. Piping was laid out so gas could collect at high points; and, if this gas woon't expelled, enough would collect to prevent the liquid from being transferred. InverY.ory mismanagement would result In signiflcant solution strength degradation so that chlorine residuals would not be met. Gradually our Industry adopted design standards that addressed these issues, and today, sodium hypochlorite facilities can be designed with a higher reliability than those early facilities. On•Sffe Geneimm of Chlorine tUs Chlorine gas generation is r, procs is that has been used commercially for Vows. Chlorine gas is generated at the anode of an alectrolytlo diaphragm cell when electrical c uftent Is passed through a chloride Ion-containing brine solution. Hydrogen gas and caustic sod+ are produced at the cathode. The diaphragm can be either an asbestos slurry deposited on a stool screen or a membrane. The overall chemical reaction Is as follows: 2 NaCl + 2 N2 0+ electric current 2 NaON+ Cl, + 2N= Caustic sodas produced at a conoentratlon of 15 to 25 percent, The chlorine gas must he dried and liquefied lot storage. For each one ton of chlorine produced, 1 A3 tone or dry ceustio Is produced. This caustic can then be fed Into the water treatment flow stream to olf•set the current caustic food requirements. Alternating current power Is rectified to produce the direct current power used in the cells. A more spedflc process description Is Included In Chapter 4 along with a typical process flow schematic, f N.!Ci~nMCM+~.w OA111 /IOAOPP^ pt,HRE RMPfuWR~porr,CA01 M00 t'd I I On•#R# Generation of Sodium Hypochlorlfe Solution Sodium hypoohlorite solution can be produced on-site wmilar to the gaseous chlorine process described above, Sodium hypochiodte Is produced In an electrolytic cell similar to chlorine gas, except there is no diaphragm separating the anode and cathode. The folic%ting formula Indicates the chemical reaction that occurs: NaCI + H, O+ electric current -t AraOCL + H, j Caustic soda is produced at a concentration of 15 to 25 percent. For each one ton of k I chlorine produced, 1.13 tons of dry caustic is produced. Alternating curraN power is recUfled to produce the direct current power used In the cells. A mxe specillc process description Is Included In Chapter 4 along with a typical process flow ache;ratie. Ammonfn Alternatives Al water d stributed to the customers must maintain a chlorine residual, One alternative Is to maintain a free-chlorlne residual throughout the system, However, many waters, including the Denton raw water, have the potential to form excessive quanftes of trlhalomethan as, which are regulated by EPA. Trihaiomethanse are formed whtn chlorine I reacts with precursors In the water. The total THM level In th, o,iotributlon system is currently rastricted to a level below 100 micrograms per liter (ug/l.). The recently promulgated DlsinfectanislDislnfection Byproducts Rule reduces this level to 80 pg/L, and anticipated future regulations may limit lie trlhalomethane level to less than 40 pg/L, Experience has shown the following general approaches to THM control are possible: Treatment modifleatlons to remove the precursors (orgenlcs) prior to chlorination. , • Use of an alternate disinfectant, such as ozone or chloramines, which will not react to form THMs, • Treatm9n' to reduce THMs after formation. Generally, control alterneUves that reduce the THM formatlon potential by removing precursors or avoid THM formation by using an alto! Wye dislnfectdnt are more cost-effective than removing the THMs after formation. The City of Denton has used the chloramine approach for many years to minimize trihalomethano formation. This option uses free chlouno For disinfoctlon but almost Immodlatefy changes ft chlorine residual to a combined form by the addition of ammonia. A combined chlorine rosiduat (chloramines) Is used for disinfection In the distribution system. The following ammonia / sources are typically used in water treatment facilities; I MnCINMI+Ck+bn GAL'AMUO0~AM1Rd~AC RMP hVA0WWW1.wp4 1.7 S ' C+ i Anhydrous Ammonia Anhydrous ammonia Is a clear, colorless gas, erisily compressed to a liquid for storage. I Anhydrous ammonia Is stored similar to gaseous chlorine In a pressurized tank. The storage facilities are relatively simple and the gas can be fed directly as a gas Into the flow stream since ammonia is highly soluble in water. Anhydrous ammonia has been used in the Texas area for many yea: a In the disinfection process. Ammonia Is a hazardous material but Is not classified as a to~.'o chemical In the Hazardous Materials Classification Guide, which Is recognized by the Intematlonai Conference of Building Officials as the reference for the Uniform Building Code. Unlike gaseous chlorine, anhydrous ammonia Is lighter than aU and will generally rise Into the atmosphere. Also, the IDLH (Immedlately banger to Life and Health) level of 500 ppm Is significantly higher than I the severe irritant level of 10 to 50 ppm. Consequently, people exposed to ammonia fumes will leave the immediate area before being exposed to dangerous levels. For this reason, i ammonia Is generally safer than gaseous chlorine. Aqueous Ammonia Aqueous ammonia (NH,OH) is ammonia diluted in water at various liquid concentrations, The range of ammonia in NH,OH solutions Is typically 17 to 30 percent by weight. Aqueous ammonia is considered hazardous by the EPA when concentrations exceed 20 percent by weight. Hence, this study Oil assume tho aqueous ammonia to delivered and stored at an 18.19 percent solution to avoid the added regulatory issues of higher concentrations, At ambient temperatures, the vapor pressure of 29.4 percent aqueous ammonia dust about equals atmospheric pressure. This allows the material to be shipped In non-pressurized containers. However, aqueous ammonia should be stored In dosed , containers since the ammonia gas can come out of solution. Vapor-locking of feed pumps has been experienced at some Installations. The fumes are also a very strong Irritant to those working around the chemical. A ohlef disadvantage of this chemical Is the higher cost of the chemical compared to anhydrous ammonia, Aqueous Ammonium Sut/ete Aqueous (liquid) ammonium sulfate Is a relatively new chemical to the water treatment industry. Previously, crystalline ammonium sulfate was used as the source of ammonia for j small treatment plants. In the crystalline form, the chemical was very hard to handle and it was normally placed into a soluton prior to use. Recently, a commercial product in liquid form became available. The liquid ammonium sulfate Is a stable nonhazardous liquid which can be easily stored and led by metering i pumps. A supplier In Texas has received approval from the National SanitaOri FouncaNon 4 f'" (NSF) that allows it to be added to potable water, Since that soluton strength Is N.~CiNmnDh~on DA1 /76]AOP.pMApANR1 RMRtirw+uMyMCh01 W" 1.8 e c, I ~ approximately 10 percent, a disadvantage of thle chemical Is the higher unit cost of the chemical compered to anhydrous ammonia due to the transportatkM of the dilution water. 1.4 DECHLORINATION ALTERNATIVES The cost evaluation of hazardous chemical altematives at the Pecan Creek WRP were not Included as part of this hazard reductioNetiminallon study. The options for the chlorine disinfection would be the same. However, suHur dioxide to used at the WRP to remove the chtorlns residual prior to discharge Into Pecan Creek. Sulfur dioxide is similar to gaseous ehtorlne In Its handling properties. It Is d"Wed b a toxic, compressed gas; eonsequendy, it requires similar ow trol and treatment facilities. Under the Pecan Creek WRP Water Plan Study, the City is evaluating an option to the chlorine / dechiodnedon process. Ultraviolet W rays can be used In lieu of chlorine for the Inactivation of fecal ooliforms from the wastewater stream. While W Is excellent for this proses-t, there are unlque drawbacks that must be considered such as the cleaning of the tubes and the I, potential Interferences caused by some industrial chomlcals. The application of W is currently limited to wastewater treatment disinfection due to Its Inability to provide residual disinfection protection within a water distribution system. Consequently, it was not pan of this study. 1.8 GENERAL ASSUMPTIONS Numerous assumptions have been used In the evaluation of the various disinfection I proceesos. Appendix A Includes a detalied desorlption of the assumptions for this study. 1.6 CONSULTANT SCOPE OF WORK A copy of the scope of work for thla Hazard Reduction/eimination Study Is included In f Appendix B. t~'~1+'~ o N w win 0ww.0uuraa004wA0Ma N 00*46004W Mw t'o c i I Chapter 2 I REGULATORY SUMMARY 2.1 INTRODUCTION I There are many regulations that Impact the design and opumtlon of chemlcal facilities where hazardous chemicals are stored and handled. Allhough exact deflnitlons of what 1s j a hazardous chemical very between regulations, the disinfection-related chemicals currently used by the City at the Spencer Road and Pecan Creek plants • anhydrous ammonia, gaseous chlorine and sulfur dioxide • are generally classified as hazardous. As such, there are several regulations that pertain to the City's chemical facilities and they will be summarized In this chapter. The regulations to be reviewed Include: • The Uniform Fire Code. • The Uniform Building Code. 6 Environmental Protection Agencys (EPA) Risk Management Program. I Tha Uniform Codes apply to new construction or to existing facilities that are significantly modified In upgrade or retrofit projects. These codes we In widespread use throughout the western and cereal United States. The EPA Risk Management Program applies to all facilities that have chemical quantities over a threshold amount. The intent of the regulatory summaries provided herein wfll be to provide an overview of Bach regulation without slating every applicable detail. Key requirements within each regulation will be discussed relative to the City of Denton's facilities. 2.1. THE UNIFORM FIRE CODE in 11388 the design of water and wastewater treatment plants changed dramatically with i the Introduction of a new article within the Uniform Fire Code. Article rA • Hazardous I Materiels applies to auch common chemicals as sodium hydroxide, f srrlc chloride, gaseous chlorine, aqueous and anhydrous ammonia, and other chef llcals commonly found at water and wastewater treatment plants. With the widespread adoption of this code, significant changes were made to the design of &ornlcal storage and handling facilities at treatment plants throughout much of the United States. This code Is updated every three years, but there have been only minor revislons to Article 80 since it w is first introduced. The City of Denton has adopted the latest available version (1997) of this code, I It should be noted that the local flee authority has the right to waive the requirements of the Uniform Flee Code, if serving their best Interest; In this case, the City of Denton provides the fire protection services to both plants and Is the local fire authority. An example of a H.'CherM ~MOn CAIIliE7ADpt]MPpNiR[PMP,►MMF~pOR~GOI, MM Z1 I R t ~ controversial requirement within the code that has been waived In some cities is the I requirement for fire sprinklers In rooms with electrical switchgear. 0 there is no combustible material within such an electrical room, an argument can be made that potential harm involved with an accidental fire sprlnkier discharge onto electrical equipment outweighs the benefit of having fire protection equipment In such an area. However, wholesale disregard of these code requirements Is generally not practiced because of IlablRy Issues that could result d there were an accident that could have been i prevented. CfassifleWon of Hazardous Matsrfafa Hazardous chemicals are categorized Into materials that present physical hazards and health hazards. Examples of materials presenting a physical hazard are compressed gases, oxWlzers and unstable (reactive) matee.ats. Examples of health hazards are toxic; and radioactive materials, corrosives and carcinogens. It is possible that a material can ■ have multiple classifications; for example, gaseous chlorine Is classified as a compressed t gas, oxidizer, corrosive rM a toxic material. In this case, all requirements apply and, where conflicting requirements occur, the most stringent requirement must be utlized, The I following table summarizes the classifications of the different chemicals that will be addressed In this report. I Table 2.1 Claalfloatlon of Evaluated Olsim!"don Chemicals Hazard ReduetfonlEllminstiom Study City of Denton ' Chemical ClasNloatlon f Gaseous Chlorine Compressed Oes, Oxidizer, Toxic and Corrosive Sodium Hypochlorite(> 10%, by wt) CorrosNe Anhydrous Ammonla Compressed G es, Corrosive, Flammable Gas' /aqua Amo,mla (>10%, by wt.) Corrosive Liquid Ammonlum Sulfate" Irritant Sulfur Dioxide Compressed O", Highly Toxic, Corroslve and Irritant " Although the percentage range of ammonla In air (18% to 26 et which it Is flammable Is relatively 11mited, we will take the oonservatlve approach that H Is ( flammable. This does nr,t dramatically Impact our evaluation. No specific information on solutions of this chemical was found in the literature; however, based on the Information within the Materlai Safety Data Sheet, a judgement r was made that this chemical Is an Irritant. r, aa~n o«rm o~~~ret~aaonamNwat nMnrwiMOancnor+va 2.2 I r s There are exempt amounts for these Cher ;Is within the Uniform Fire Code that mould allow exemption from the requirements. In general, these exempt amounts are retatrvety small compared to the amounts normally stored and in use at the City of Denton fadlities. For example, the exempt amount for gaseous chlorine is 810 cubic feet, which I corresponds to one 150-pcund cylinder. The Intent of this requirement was to allow small users, such as swimming pools, to be exempt from the rigorous requirements of the code. Since the City of Denton normally stores at least several tons of chlorine on-site at a Urns, j reducing gaseous chlorine storage to below a,.empt amounts Is not a viable option for the City. This Is also true for the other six chemicals within Table 2.1. Specific Uniform Fire Code Requirements There are several specific requirements that pertain to the above chemicals. The most significant of these requirements will be summarized below. Unless noted otherwise, all of these requirements pertain to all of the chemicals within Table 2.1. • Hazardous Materials Manargmenl Plan (HMMP). When required by the local fire authority, an HMMP must be prepared that Includes a facility site plan designating storage and use areas, locations of emergency valves and other emergency criteria, • Second xy Containment For liquids, this involves the construction of spill I containment walls around bulk storage tanks and Isolation of the drainage piping from with:(, ;r,e storage area. Secondary containment must be provided for at least the largest storage container within the containment area. f • j lquld-level U it Control. Atmospheric tanks with more than a 500-gallon capacity must be equipped with limit controls to prevent overfilling of the tank. • Identification Signs. Proper signage must be provided on stationary tanks and at , entrances to locations where hazardous materials are stored or used. I • Separation of Incompatible Materials. Incompatible materials are defined as those that can react when mixed to form a dangerous situation. At wale( and wastewater treatment plants, it is commonly necessary to maintain separation between acidic and basic materials, su:h as alum {acidic) and sodium hydroxide (basic). For this project, both aquecus ammonia and sodium hypochlodte are basic and should be separated from acids. As toxic compressed gases, gaseous chlorine and sulfur dioxide have a number of supplemental requirements In addition to those mentioned above. The most significant of these is the requirement to contain and treat leakage from storage and use facilities • either i r a Indoors or outdoors. This Involves the containment, collection, and treatment of leakage so / 1 ( that the toxic gases do not leave the building or area in which they are stored and used, much less the plant site. There are other specific requirements for toxic Compressed j gases, but none are as significant as the containment requirement H Cl.Wn w on oAL,4?UA OWAMNhe AMP IrriReWCMb nyb 23 cc: f Anhydrous ammonia Is not classified as toxic and does not require containment as the City's other current disinfection chemicals do. However, this chemical is classified as a flammable gas because there are certain oorKrM rla under which a mixture of ammonia and air can be Ignited. There are a number of other requirements for hazardous materials In the Uniform Fire Code that have not been summarized In the above items. However, we have IdentiAed ell the items that significantly impact tF a evaluations within this report 2,3 UNIFORM BUILDING CODE The Undorm Building Code was written to be compatible with UnKom1 Fire Code, hence, many of the requirements are the same. However, there are some additional requirements and these will be discussed in this section. It should be noted that the Uniform Su:lding Code only addresses indoor facilities, whereas the Uniform Fire Coca addresses both Indoor and outdoor facilities. The Uniform Building Code classifies Indoor areas into different occupancies. Any material I classified as hazardous by the Uniform Fire Code also requires a Group H occupancy by the Uniform Building Code. These occupancies Include buildings or structures, or portions thereof, that. Involve the manufacturing, processing, generation or storage of materiels that j constitute a high two, explosion or health hazard. An H occupancy to further subclassified Into different divisions depending on the type of hazard a aodated with the chemica' For example, an oxldzing gas requires an H-2 occupancy. Corroalves and Irritants require an H-7 occupancy. Hence, the following table can be made for the chemicals that will be evaluated within this report Table 2.2 Indoor Occupancies w Evaluated Disinfection Chemicals Hazard ReducUorVEllminatlon Study City of Denton Chemicals Occupsw Gaseous Chlorlne H-2 and H-7 Sodium Hypochlorite (>10%) H-7 I{ Anhydrous Ammonia H-7 II Aqua Ammonia 10%, by wt.) 14-7 ~ Uquid Ammonium Sulfate H-7 i Sulfur Dioxide H•7 i x. G «e,owron ox~~reuomo~n~nf n►enf.wn.o«eCnw +oa 24 SOME Specific Uniform Building Code Requirernertts In addition to th) requirements given previously for the Uniform Fire Code, the Uniform Building Code requires the following items for H occupancies: • OccuoZQ Separations. Different occupancies within the same building must be separated by appropriate materials and construction to prevent fires from quickly spreading from one area to another. Fire separations are specified in units of hours. For ea ample, 9 it vivre desired to construct a building with both chlorine (H-2) and ammo iia (H•7) at r age and use facilities withln, a 2-hour separe on would be requirr d between tie areas. Fortunately, an a.lernative approach can be applied where the entire buAding could be classified as H-2 and H-7, thereby avoiding any separation. I a Construction Materials. Height and Allowable Area. Depending on the type of construction, the height and areas of buildings with H occupancies are limited. A building made of fire-resistive materials will have higher allowable values for both height and area. These limits are not restrictive for buildings made of f1wresistive materials such as steel, concrete and masonry, but become very restrictive for wooden buildings, for example, Chlorine buildings should generally be single-story with a maximum floor area of 5,000 square feet. a Location on Property. Minimum distances are specified between the buildings with H occupancies and property lines. For example, chlorine buildings must be located at r least 30 feel from a property line when theli area c~,cseds 1,000 square feet. These distances would be easy to satisfy with the amount of land area available at the City of Denton plants. Access and Means of Eoress. The number of exits, the travel distance and the type of doors and their hardware are among the items addressed In this portion of the Uniform Building Code. In chlorine buildings, the maximum travel distance is 75 feet from any portion of the building to an exit. For the other chemicals listed in Table 2.2 (H•7 occupancies), the maximum travel distance Is 100 feet. Any portion of an H occupancy building must have at least two exits 0 the room's area exceeds 200 square feet Doors must have an exit swing and be provided with panic hardware. There are other minor requirements of th° Un'rfcrm Building Code, but none that would r impact the analysis for this project, I 2,4 ENVIRONMENTAL PROTECTION AGENCY'S RISK MANAGEMENT PROGRAM (iiMP) In 1998, the EPA Issued final regulations for the RMP9 for chemical accidental release prevention regulations under the Clean Air Act, A three-year compOnce deadline was f given making the date for subadision of a Risk Management Plan (RM Plan) June 21, H 104" ~ GAL,470]AWI)f APNOE 1114"i RvooAl-7W *90 2.5 l M ~ . i I y I 999. Historically, this regulation was driven by the tragic 1984 accident In Bhopal, India I where an accidental release of methyl Isocyan tie killed more than 2,000 civilians living in the area surrounding a manufacturing facility. This new rule Impacts an estimated 7,200 public and private drinking water and wastewater treatment systems that use chlorine, ammonia, sulfur dioxide and propane in the united States. The Intent of ibis rule is to protect the public In the vicinity of the facilities f storing and using hazardous materials, Chlorine 4 an excellent example of a chemical that ` can Impact the off-site areas In the event of a worst-case leak because it will have a tendency to stay close to the ground and will be carried In the direction of the wind. The AMP requirements only pertain to chemicals that pose a threat to the public from an accidental release. Of the chemicals evaluated in this project, gaseous chlorine, sulfur 1{ dioxide, anhydrous ammo~ila, and aqueous ammonia are addressed by the AMP. Sodium hypochlorite and liquid ammonium sulfate are not addressed by this regulation. There are exempt amounts as indicated in Table 2.3 where any amount under the listed value does not require compliance. Table 2.3 AMP Exempt Amounts of Evaluated Disinfectlon Chemicals I Hazard Reduction/Ellmirimlon Study City of Denton Chemical Exempt Amount pbe) Gaseous Chlorine 2,500 Anhydrous Ammonia 10,000 Aqua Ammonia (>20%, by wt.) 20,000 Sulfur Dioxide 51000 It would not be practical for the City of Denton to maintain chlorine quantities under the exempt amount of 2,500 pounds because TNRCC regulations require that the plants have more sufficient storage for 30 days usage. Hence, the only way for Denton to avoid the RMP regulation in regards to chlorine would be to switch to sodium hypochlorite, which can either be generated on-site of delivered In bulk. 1 At the Spencer Road WTP, the City currently has a 1,000-gallon anhydrous ammonia storage tank. The specific volume for liquefied anhydrous ammonia at 70 degrees F Is 38 pounds per cubic foot, This calculates to a total weight of approximately 5,000 pounds, well under the 10,000 pound exempt amount Hence, there Is no advantage to the City to switch to another ammonia-based chemical from an AMP standpoint i H CAM D DALWUA OiDMRKJ4RE AWFI MApoRON rW 2-8 i F , I I I I At the l5ecan Creek GAWP, the City currently stores sulfur dioxide in one ton cylinders. At an average suOur, dioxide usage rate of 00 tons per year (see Appendix A) or 185 pounds per day, the exempt amount would allow approximately up to 30 days of sorage. ! tnto~unately, the regulatory requirement to maintain a minimum of 30 days of storage Conhlds: with that, resulting in the conclusion that the City will not be able to avoid the RMP requirements for sulfur dioxlde at the Pecan Creek WWTP, Spepiflc PM? Requirements The Cify is currently developing a Risk Management Program with assistance from Duke Engineerinq under Task 8 of our scope of services (see Appendix 8). Detailed ( requirements gthe RMtP Wit net be discussed within this section. Instead, a brief overview will be resented. This Is appropriate since the primary evaluation criteria will be whether the RMP requtrementa can be avoided by switching to an alternative chemical or not. if a facility hag greater than the exempt amount of any regulated chemical, the owner of the facility must perform the following RMP elements: • Register the facility with the EPA. Develop anri Implement a comprehensive Risk Management Program. 4 Submit an Risk Management Plan to the EPA, All of chose requirements must be completed by June 21, 1899. it should be noted that the + Risk Management plan will be aa.essible to state and local agencies and by the general public. The Risk Management Program has three components: Hazard Assessment involves the evaluation for the potential for off-site populations to be affected by a worst-case release scenario. Computer models are utilized to predict the plume resulting from this worst-case release and what populations are affected, A Ay 9-year accident hisl,ry Is also required for the facility. • The Prevention Program probably involves the most work of the three components including a detailed analysis of the existing facilities. A process hazard analysis that typically involves developing 'What-if scenarios is required. Many operational and maintenance functions must be developed as part of the prevention program Including operating procedures, training, incident Investigation, and hot work permits, v ' An Emergency Response Program is required to be Included within the Risk v e Management Program and it can be coordinated with other existing emergency (f, response programs, the prevention program to be follownd within the Risk Management Program (Program 2 or Program 3) depends upon whether the facilities are regulated under the Federal or m+ CINrroi0wwn-DAV,47$VxO 0MRprHRE RM"ewneo"chM *N 2.7 S: A I I I i State Occupations! Safety and Health Administration (OSHA). Since Texas is not an OSHA state, the City of Denton facilities are not OSHA-ruled and Program 2 will pertain to the Denton facilities. TEXAS NATURAL RESOURCE CONSERVATION 2.5 COMMISSION REQUIREMENTS The Texas Natural Resource Commission (TNRCC) has several requirements for disinfection equipment under Chapter 290 • Water Hygiene. These requirements would need to be Incorporated Into any design work that would Involve retrofitting the Chemical Building or designing a new Chlorine Building, These requirements would not be applied I retroactively to existing facilities that are not in the process of being upgraded. { the requirements include: { • Disinfection equipment shall have a capacity at least 50% greater than the highest expected dosage to be applied at any time. • NI disinfection equipment on surface water treatment plants shall Include at least one standby ur a of each capacity. • A full-face seH-wntained breathing apparatus or supplied air respirator that meets OSHA standards readily accessible outside the chlorinator room when chlorine gas Is used. I Housing for chlorine gas equipment and cylinders shall be In separate buildings or separate rooms with impervious wells or partitions separating all mechanical and electrical equipment from the chlorine facilities. I 2.6 MPiCELLANEOUS CODES There are several other codes that apply in a minor way to the design and operation of the chemical facilities that will be evaluated in this report. For example, the Uniform Plumbing Code requires that there be no cross-connections between potable water and nonpotable water In Industrial facilities. Although this Is an Important regulation, it does not pertain to the evaluation requ led within this report and these miscellaneous codes Wit not be further discussed. 2.7 REGULATORY SUMMARY Based on the above Information, the City of Denton facilities are not currently in violation o1 r, any Identified code or regulation. !f significant modfications are made to the existing chlorine, ammonia or sulfur dioxide facilities, then the requirements of tho Uniform Fire and Building Codes and TNRCC requirements would be required to be met A Bignmeant modification can be generally defined as any improvement that would require a building permit to be Issued for its consruction or would require TNROC review. Hence, routine H 10,0M ~ DAL,•'Q2,1W0W,ppr,NRE RMHF0W%P 'WhW WPO 2-8 L ~ i; 1 i p maintenance items would certainly not be covered by a twilling permit, na would minor design modifications or In-kind equipment replwin*M. On the other hand, a new structure would generally require a builddng permit and would require conformance with the existing codes. f There are very specific requirements for the storage and use lac7it1es for gaseous chlorine, anhydrous ammonia and sulfur dioxide within the Uniform Fire and Building Codes. New r facilities for thane chemicals would be significantly different than the existing fadlltles at the ` City plants. Becaus, gaseous chlorine Is a tox1c compressed gas, a gas scrubbing facility would be required regard!ue of whether the gaseous chlorine is stored Indoors or outdoors. Anhydrous ammonia would not require scrubbing bated on our interpretation of the codes as It Is not defined as a toxic substance. Othx facility requirements Include the I need for tire sprinklers Indoors, the size and location of buildings on the plant site, and separation of incompatible materials. A Risk Management Plan calif be rWred to be filed with the Environmental Protection Agency by June 21,1998 for the City's existing go"" chlorine and sulfur dioxide facilities. Fortunately, the anhydrous ammoo. _,,orsgs quantity at Spencer Road WfP is within the exempt weight ao :hat no RMP Is required although the City has Indicated their Intentions to proceed with an anhydrous ammonia RMP anyway. The City Is pros eading with actions necessary to complete these plane within the regulatory deadline. M Important component of the RMP regulation Is the public access to the information contained within, Including the worst-case scene oa for storage failures. Potentially, these scenario could Indicate toxic substances being conveyed off-site Into residential areas. K Is likely that a public outcry could develop lf the worst-case scenarios Indicated large areas of residential areas being covered by a plume of toxic substances. To address the risk associated with sta ng gaseous chlorine and sulfur dioxide, the City Is wise to investigate alternative disinfection chemical strategies that would not pose the off- site risk that gaseous chlorine and sulfur dioxide piseent. These alternatives will be presented and discussed in Chapters 4 and 6 of this report. Y' 1 1 N,a +o«+w sourrv~eoonnnaNnEaMPFrMMpahf?41.~9E 2.9 l~ 1 I i ~ I I Chapter 3 EVALUATION OF EXISTING DISINFECTION PROCESSES 3.1 INTRODUCTION li This chapter will examine the existing facilities at each of the two City of Denton treatment ( plants where hazardous materials are kept In significant quantities - the Spencer Road Water Treatment Plant (WTP) and Pecan Creek Water Reclamat!on Plant (MP). Both of these plants currently utili:► gaseous chlorine as part of the disinfection scheme. The Spencer Road WTP utilizes anhydrous ammonia to form ohloramines and the Pearl Creek ! WRP utilizes sulfur dioxide as a dechlorinating agent The existing storage and feed facilities for these chemicals will be examined in this chapter. From the previous chapter regarding regulations, we have not identfied any code or I regulation that requires the City to alter nny of these facilities. However, if the City chooses i to modify the facilities in a significant manner, as described in Chapter 2, the new facilities will have to meet current code and TNRCC requirements. Since the City could leave the current facilities as they are now, this chapter will specifically Idantify Improvements that could be made to the existing facilities of a minor nature that wouldn't require updating all I the facilities to meet code requirements and also Identity major Improvements that would require major upgrades. 3.2 SPENCER ROAD WATER TREATMENT PLANT The Spencer Road WTP currently uses gaseous chlorine and anhydrous ammonia for the disinfection of water. These facilities have been in use for a long period of time at the plant and the operators are familiar with the operation and maintenance of the systems. This familiarity should be Considered when evaluating alternatives to the existing facilities at the 1 Spencer Road WTP. Gaseous Chlorine Facilltles Existing Conditions Gaseous chlorine is stored In one-ton cylinders in an area across the driveway from the Chemical Building as shown on Figures 3.1, 3.2, and 3.3. The cylinders are unloaded from I a delivery truck by a monorail system, stored on a concrete pad and are held in place with chocks. Up to 15 full cyiindars can be stored at one time and trucks generally deliver eight r. cylinders at a time. A shade structure Is built around the storage area to keep the sun off of the full cylinders. This structure does not fully enclose the storage area and significant . i1 modifica erns would be required to convert it to a fully-enclosing structure. i M. CwbOwf eI.0AL',A'82AWCfrA"AF FIMP W*AIMIrtCMWWN 3.1 bL ++r.. r rv., mow; r y { i J ICI 21 i i I i ✓ 4 y ~ T 4 1 Y k r c~,111 F,r; i1 J t i There are some Issues with the unloading of one-ton cylinders at the plant The chlorine delivery truck must partially block the driveway to the parking area of the plant as shown In Figure 3.3. This Is a safety Issue since the likelihood of the delivery truck getting hit while unloading is much higher in a driveway than it would be if it were In a paved area dedicated to unloading. Also, the delivery truck must be correctly positioned under the crane for each cylinder. This results In a tedious unloading procedure where the driver 1 must perform many steps to fully complete the unloading of the cylinders and loading of the empties. Ultimately, this Increases Vie probability of there buing an error during the unloading process and a leak from one of the cylinders. Full one-ton cylinders are transferred into the Chemical Building by the same monorail system that Is used to unload the trucks, see Figure 3.1. Four cylinders can be in service in the Chemical Building at one time. Each pair of oyllnders is connected to a switchover assbmbly that allows automatic transfer from oil) pair of cylinders to the other pair when I empty. Figure 3.4 shows the chlorine feed facilities. There are no eveporators in the Chemical Building, hence, the withdrawal rate from a cylinder is limited to about 450 pounds per day. During the summer months, chlorine demands exceed the withdrawal capability of two cylinders and all four cylinders roust be used simultaneously. When a pair of cylinders becomes empty, the change out to new cylinders must be done quickly or the remslning cylinders may become excessively chilled and withdrawal rates reduced. It would be preferred to have two sets of four cylinders each for the chlorine demands that the plant now experiences. This would not be possible from a spatial standpoint in the Chemical Building as it currently is arranged. The one-ton cylinders are connected to a steel pipe header via flexible connections ' (pigtails) which are Inspected each time a connection Is made. The steel pipe Is connected to a filter and a vacuum regulator at each end of the header. Two cylinders are paired with each regulator. An Ieoiation valve is located in the middle of the header to separate each pair of cylinders. Downstream of the regulators, PVC pipe is used to convey the gas to the chlorinators under vacuum conditions. The City replaces the steel header approximately every five years as a preventative maintenance item and the flexible connectors every year. Spare flexible connectors are kept on hand in case an Inspection reveals any damaged or suspect parts. i Two chlorinators are located in a different room than the cylinders. The only current feed location for chlorine is between the sedimentation basins and the fillers at five separate I points, There Is capability to feed to the dearwells and to the rapid mixer at the head of the i r plant, but these are not normally utilized because of the current disinfection strategy that (i f ` k involves carrying a chlorine residual across the filters and then quenching with ammonia to form cnioramines In the dearwells and distribution system. Hence, only one chlorinator Is { I utilized at a time. The chlorine is drawn into ejectors located adjacent to the chlorinators H ~04fN'.CMron_DAL147UAWC?WPpfJ4AE PMRF.n~Mpagf;AW.,rod 3-4 c. ill I 1 and the resulting solution is conveyed to the application points around the plant. The a Ct.emlcal Building was designed before the current requirements of the Uniform Fire and Building Codes were in place, 1.e , before IM. These Items summarize the most significant issues with these codes for the Chemical Building: • There are no fire sprinklers. There is no liquid containment as floor drains are routed to the sewer. • There is not complete gas containment and no chlorine scrubber. • The ventilation system may not be adequately sized. f • There Is not the occupancy separation between the areas storing and using ff hazardous chemicals and other areas of the building. The City staff has Installed a significant amount of safety equipment in the chlorine rooms of the building. There are two ambient analyzers for the detection of chlorine leaks and I alarm annuncleton In the control center of the plant. Self-contained breathing apparatuses (SCBAs) are provided troth inside the Control Room and outside the Chemical Building. The City also has a preventive maintenance schedule for several components of the chlorination system, For example, the pig-tails are changed every year and the header connecting the onLMon cylinders toq, Lthar is changed every five years, A leak Incident precipitatod the header replacement schedule, but less than ,0 pounds of chlorine was released and it was not necessary to report the Vieldent. Minor ModffkaUons One improvement that could be considered by the City would be to upgrade the unloading facilities so that the delivery truck could park in an area dedica!ad to unloading. Also, the monorail system could i improved or a new monorail system could nflow the truck to be stationary during the unloading procedure, Roller trunnions should be Installed to position the cylinders so they will be in the correct position when ti oe crane hoist Is connected. This work would not require a building permit In our view, since no existing building would be l) significantly altered. We estimate that the approximate cost of ft yard Improvements to t l provide an unloading area for the delivery truck and the momail system would be approximately $150,000. Another minor improvement would be to provide cylinder-mounted isolation valves or vacuum regulators on each one-ton cylinder within the Chlorine Building. (See Section 3.3 for a discussion of vacuum regulators under Hazard Reduction Options.) Because the vacuum regulators are somewhat delicate and woutd require handling with each cylinder change, the more durable isolation valves are preferred, The Isolation valves would be H C~4rnnD•nbn DAI•tE7AWDMRp1,HRERMP:fr&MNWGCW.wod 3.5 i r f a, controlled by a remote chlorine gas sensor that would signal the valves to dose upon a detected chlorine leak. Although some chlorine gas would be released and not be scrubbed, these valves would Isolate the vast majority of the chlorine that could potentially be released into the room, The estimated cost of providing these isolation valves fa four one-ton cylinders is $30,000 Including Installation, Moor Modifications to Mee! Cods R"ulremenfs ' There are two primary approaches that could be taken to bring the plant gaseous chlorine fadlitles Into compliance with the current code requirements. One would be to provide a raw Chlorination Building that would house both the storage and use equipment of the chlorine facilities. Another would be to modify the current chlorine facilities at the plant. Each of these two alternatives will be described In the following sections. New Chlorination Building A new building could be easily located on the current plant Me as the City of Denton owns land to the northeast of the existing chlorine facilities. This building would need to be approximately 6o feet by 60 feet and would be dedicated to chlorine storage and usage I facilities. This sizing is bitsed on several other chlorine facility designs we have performed on slmilarly-sized plants. A chlorine scrubber would be Installed outdoors adjacent to the building. The following major features would be required with the new design to meet the i current codes: a fire sprinklers would be installed in all Indoor locations, a An emergency generator would be Installed to provide back-up power to the scrubber and other safety equipment In the new building. a Adequate separation from other buildings and property lines would be required. i a moth liquid and gas containment would be provided within the building. The existing chlorinators, safety equipment and other equipment could be relocated to the new facility to reduce the capital cost of the new facility. Also, vacuum chlorine lines could be run to the existing ejectors In the Chemical Building, Assuming the use of existing equipment and the ejectors remain In the Chemical Building, the estimated capital cost of the new Chlorination Building is $1,666,000 as Indicated In Appendix C. This represents a significant expenditure to the City that may not have been budgeted. It also relocates the dilorine facilities further away from the rest of the plant facilities, making it more difficult for operators to check up on the operations during rounds. However, the new facilities would represent a major reduction in risk of oll•site consequences because of the containment of the building and Installation of scrubbing equipment This approach also would free up f r' some existing floor space within the Chemical Building that could be utilized for other functions as Identified by the City. N c,»neov,a~ ~AlatttAOPONAC~HaEaMAFwrtaoancnoa+roa 36 r r I I ` 1NodNkar n of the Existing Chenrl.af Building I Carollo Engineers has modified several buildings such as the existing Chemical Building for compliance with codes over the last ten years. Our experience has shown that this ahernatlve is less costly than a new facility, but would sell Involve a significant cost. The major element to the Chemical Building retrofit would be the installation of a gas scrubbing unit for the Chemical Building, the storage area or both. Because the storage area is not completely enclosed, providing containment would be difficult and expensive. There would be little benefit since the likelihood of an unconnected one-ton cylinder developing a leak is very low. Hence, it Is not recommended that scrubbing be provided for the storage area. i On the other hand, the Chemical Building could be contained for a realistic amount of 1 effort and a scrubber could be Installed In an adjacent area, most likely near the northwest corner of the Chemical Building. The benefit of a scrubber serving the Chemical Building Is much greater than the stor 'e area since one-ton cylinders are in service and connected to the Chemical Building manifold system through flexible tubing that can fail, ` Modification of the existing chlorine iacilities would not match the safety and risk Improvements of the proposed new facility unless the storage of one-ton cylinders across I the driveway from the Chemical Building were also addressed. This would Involve either modifying the existing storage structure to provide complete containment or removing the existing structure and building a new one. Because the existing storage structure was not deslCned for containment, it may not be suitable for this service. For example, k may not be able to withstand the vacuum Imparted by the chlorine scrubbing system and It may not be able to support the doors that would be required to allow cylinders to be taken In or out. Since the cost of a new structure for the storage area would be high and risk associated with a leak from a stored one-ton cylinder Is small, it will be assumed that no improvements for the storage will be made for this approach. The City of Denton Fire i Department would need to approve thls approach where one portion of the chlorine facilities are upgraded to meet code requirements and another Is not. Other modifications that would be required to bring the existing Chemical Building up to Uniform Fire and Building Code and TNRCC requirements include the following: The electrical distribution fadlnlos would have to be located outside the chlorination storage room to msst the TNRCC requirements as outlined in Chapter 2, Currently, there is a 480-volt power panel on the north wall of the storage room that feeds all the I equipment in the Chemical Building. it may be possible to relocate this power panel outside the building on the north wall, Immediately adjacent to its current location. r Since conduits are Imbedded In the concrete slab, this may Involve the least amount d , r of work. ie. G ~O«MOn•Oµ'~761AOO~OK,IIpPMgE FMPfvI ftod4CnW.Mptl .~•r i l i I I Emergency power would have to be provided for the chlorine scrubber, the ventilation equipment and the Instrumentation equipment. The ventilation and Instrumentation equipment is fed with power from a 1201240-volt lighting panel, which in turn is fed from the 480-volt power panel previously discussed. it would be most efficient to provide all the lighting panel with emergency power instead of attempting to divide it up between emergency and non-emergency. The total emergency food is approximately 100 kilowatts and an emergency generator would be required to be supplied of this size. An automatic transfer switch would also be necessary to be Installed between the power panel and the emergency loads. i A fire sprinkler system would be required to be Installed in the hazardous f occupancies of the Chemical Building. Because of the many penetrations between the various rooms of the building, it would be best to simply classify the entire building as both H-2 and H-7 occupancies in accordance with the Uniform Building Code. Hence, a fire sprinkler system would be Installed over the entire building. • Containment of the Chemical Building floor would be required. Currently, the floor drains flow to the sewer. These would have to be Intercepted and Isolated so that a chlorine spill would be contalnei within the chlorine storage room. In addition, small curbs may need to be installed at entrances Into the room to contain the entire volume from a one-ton cylinder. I The ventilation system would require some modification. Currently, there are large fans Installed that can provide an air change in less than one minute, however, these E fans are not run continuously, The Uniform Fire Code requires continuous ventilation, t but at a much lower rate. Smaller fans designed to run oontinuously could be Installed for each room. The existing fans could be malntalned and run when a very low level of chlorine is detected by the chlorine sensors. This would evacuate the room of very small chlorine teaks. If a slightly higher level of ambient chlorine Is detected within the room, the chlorine scrubber would be activated, i There may be other less significant modifications that would also be required to be made to the Chemical Building to address the Uniform Flro and Building Codes. These types of modifhcations would include alarms, warning lights, and signage. Flours 3.6 shows a layout of the proposed Improvements. I The chlorine facilities within the Chemical Building are not In strict conformance with TNRCC requirements regarding capacity and redundancy of equipment. Hence, a waiver 1 would be required in order to obtain TNRCC approval on the code modifications r mentioned above. When the City must have all four chlorine cylinders on-line during the t 't• ' 1 summer months, there is no redundancy In this equipment. Similarly, there not the minimum 50 percent extra capacity that is required during the summer oonditons. This i concern only involves the number of chlorine cylinders on-line at one time. There Is 1 adequate chlorinator Lind other equipment capacity available in the existing system. I H.iCUrmOa+lan WON67AOO~OMIION1pE AAMJrwRpeTC~W wpd 3.8 i I CAROUO ENGINEERS b I I 3 k_ iJj U! ~"~:-i~i Il I 000 ! i I a c) 3 , c 10%. g I •Q~ EXISTING CHEMICAL BUILDING MODIFICATIONS r3. J50", ( t II I To avoid pursuing a waiver and to Improve summer operations, an additional four cylinder manifold system should be installed within the Chemical Building. In reviewing the current facilities, we believe that these new cylinders and manifold could be installed within the existing Chemical Building with some minor modifications. The east and south walls of the room currently housing the chlorinators could be removed and the chlorinators moved to a different location within the building. This would create enough room for another bank of four chlorine cylinders In line with the existing cylinders. The monorail could be extended the short distance to service the four new cylinders. The chlorinator would require relocation to some other location within the building or well-mounted units could be installed in the same general area with new walls oonstrecfed to separate the chlorinators from the storage area. One the a;sadvantages of modifying the existing Chemical Building is that construction would need to take place in and around the active chlorine cylinders. This would present a significant risk during construction. I The estimated cost of the modification of the existing Chemical Building should Include the Improvements to the unloading area as described under the Minor Modifications section above. The estimated cost of $150,000 was Included (with an adjustment for the applied contingency fac'or) to the estimate for this approach as shown in Appendix C. The I estimated cost for the existing Chemical Building modification is $1,150,000, which Is approximately 75 percent of the cost of a new Chlorine Building. These two costs are relatively close because there are several common elements intiuding the chlorine scrubber, the emergency generator and transfer sA.Lch, electrical work and Instrumentation work. ' Anhydrous Ammonia Facilities The Spencer Road WiP has a stationary 1,000-gallon tank for the storage of anhydrous ammonia, as shown In Figure 3.8. This tank is classified as a pressure vessel since this \ form of ammonia can generate a vapor pressure over 200 pslg at summer ambient temperatures. The specific gravity of liquid anhydrous ammonia is approximately 8.5 pounds per gallon; hence, a maximum of 5,500 pounds of anhydrous ammonia can be stored at any one time using a maximum fill allowance of 85%. The electdca) equipment In the vicinity of the storage tank are explosion proof, thereby meeting the requirements of the National Electrical Code fa combustible gases. Deliveries are by truck which must park in tha same driveway area utilized by th x chlorine delivery truck. Since this weight is lower thar the exempt amount of 10,000 pounds Indicated In Table 2.3, the existing facilities are nut covered under the RMP requirements as discussed in Chapter 2. However, the exempt amounts for corrosive, compressed and flammable gases in the Uniform Fire and Building Codes we very low, and the Spencer Road anhydrous 1 j M.'CiiMtfCMbr1.0AL',1reuxornRC~wRS R1wPfMURwomC'b wp0 3-10 I c. I i l ;I i 1. IjJ I i - 1. Ammonla Storage Tank Figure 3.6 i 1 l i i Y 11 f f t n vaporizer unit vr' lch maintains a constant 5o psi Internal tank pressure during colder periods of the year. The gaseous ammonia Is piped to the ammoniators in the older Chemical Building. A pressure regulator maintains the pressure between the storage tank and ammoniators at 30 pounds per square inch-gauge. This building was designed prior to 100, just as the other Chemical Building, hence, many of the same comments regarding code deficiencies also apply. Specifically, there are no fire sprinklers, the ventilation system is probably not adequately sized and there is not adequate occupancy separation between the area with ammonia facilities and other ponlons of the building. Since ammonia is not classifi,7. +s a toxic substance, the requirement for oontanment and scrubbing does not apply to an monia The metered and regulated ammonia can be fed to either the In-line mixer at the front of the plant or the filter effluent line. There have been problems with recondensatlon In these feed lines during colder ambient temperatures and there has also been solids deposition in the effluent piping after the ammonia appilcabon point. As the gaseous ammonia contacts water, the following reaction takes place; Nlf, (g) + N,O Nfl, + bit- Before the hydroxide Ion can be completely mixed Into the flow stream, it reacts with cations such as calcium and forms a hard precipitate. The City recently spent $26,0001o remove these precipitates from this piping, However, this point of application 4 also where the caustic soda Is Injected for pH adjustment. Therefore, these depo.•i+s were largely atttibuted to this chemical and not the ammonia. Minor Modifkatlons The City has considered building a shade canopy over the anhydrous ammonia storage tank. This wr A reduce the temperatures attained within the tank and thereby reduce the vapor pressure attained also. At a 100 IF maximum ambient temperature In the tank, the vapor pressure would be 210 psig. The storage tank Is an AMSE code vessel with a 260 psig rating. The pressure relief vaMes are designed to vent pressure from the tank at 250 psig. Since the operating pressure within the tank could approach the design pressure during the hottest days, a shade canopy Is recommended. This canopy could be Installed Inexpensively, but caution would have to be exercised to not Interfere with the unloading )peration. In a leak scenario, a canopy could hinder the dispersion of ammonia to the atmosphere. Any lights or other electrical equipment Installed under the canopy would have to be of explosion-proof design. , 1 Major MoOkatbns to Meet Coda Requirements A new building could be provided for the ammonia facilities if i1 were decided to move the anhydrous ammonia storage tank Indoors to reduce the Impact that ambient temperatures can have on the vaporization rate of ammonia within the tank. Because gaseous chlorine 4 Chaft CWIOA oAL neUOCOMRmHAS AMPfrb .oomd,m «od 3.12 ' i i I MsJor ModNlcations to Maef Code Requirements A new building could be provided for the ammonia facilities d it were decided to move the anhydrous ammonia storage tank indoors to reduce the Impact that ambient tn. ••:ratures can have on the vaporization rate of ammonia within the tank and to minimize a potential release of gaseous ammonia, It would be relat`.roly easy to add an ammonia storage and feed room to the recommended new Chlorine building at a minimal Incremental cost. However, because gaseous chlorine and amnl are Incompatible (National Fire Protection Association 491 - Hazardous Chemical Reactions), caution must be exercised in combining chlorine and ammonia facilitles Into one building. The walls seperating the two facilities must be completely sealed to prevent any direct connections between the rooms. j Since there would be little equipment required for these facilities other thdn the storage ~ tank and the aimmonlators, the additional building space would be approximately 35 feet by 20 feet. R is our understanding that a scrubber would not be required by the Uniform Building and Fire Codes because ammonia Is not a toxic compressed gas like chlorine or j I sulfur dioxide. The estimated Incremental cost is $197,000. The main benefit of an ammonia enclosure would be the protection of the tank from the sun and an Improvement In the vaporization rate of the ammonia. Also, since gaseous ammonia Is readily soluble in water, an enclosure would allow a water-spray deluge to be I used to treat any potential release. However, since ammonia Is primarily an Irritant and usually disperses venlcally In air, the enclosure would provide negligible safety and risk benefits to offeite areas over the current facilities. 3.3 PECAN CREEK WATER RECLAMATION PLANT The Pecar, Creek WRP currently uses gaseous chlorine and gaseous sulfur dioxide for the dlslnfectorMechlorinatlon process. Gaseous chlorine Is used to disinfect the wastewater and; then, sulfur dioxide Is used to remove the chlorine residual prior to discharge to the creek. Gaseous Chlorine Facilitles Existing Conditions Gaseous chlorine Is stored in one-ton cylinders with four cylinders connected at one time. Four additional chlorine cylinders are positioned for use. Figures 3.7, 34 and 3.9 show the arrangement of the storage and feed facilities, The cylinders are stored outdoors under a sun-snle'd. An Injection mixer Is used to produce a vacuum for the chlorine feed lines. The primary vacuum regulator Is located on a panel adjacent :spproxlmatsly S feet) from the cylinders. The chlorinator (chlorine feed unit) Is located in the chlorine feed room approximately 75 feet to the south. A differential pressure unit Is located In the feed panel t to dampen any vacuum fluctuations. Consequently, only approximotely 10 feat of pressurized Ane iz; susceptible to a chlorine release along with the one-ton cylinder itself. The potential leak source from the cylinder is the fusible plug and the Winder main valves. M CAMS,DV*M.0AC0S2AWN41PUOF 11IMPIONP W14NDS.0d 3.13 .r 1 - A~_ , a ~ :.,a ; k" ~ v,,n l f,~ f.. f~ E ~rr~~ j ~ . { . ' ~j _ j~ Y W - 1 I C I i F ? V J ~ v i However, these two items very iarety, if ever, cause a leak under normal operating conditions. Howe'*er, direct sunlight on the cylinder can cause the vapor pressure to rise beyond operational limits, This item Is discussed later in this section. Two of the weakest links in the system are the frequent moving of a one-ton cylinder and the flexible piping and valves from the cylinder to the manifold header. Very little can be done to reduce the movement of cylinders beyond placing them In their final position at time of delivery. This eliminates one move during delivery and a second move during the feeding operations, The second weak link Is the continual flexing and exposure of the j valves caused by disconnecting of empty cylinders and reconnecting of full cylinders. This i frequent movement can cause fatigue failure d not replaced on a periodic basis. The connection washers erg replaced with each connection operation; but the flexible piping Is usually replaced on a longer interval-say a year as recommended by the Chlorine Institute. More frequent changing of the flexible piping-say every a months-would help reduce the potential hazard. The flexible connectors should be inspected during each connection operation and replaced it any parts appear damaged or suspect Spare flexible connectors should be kept on hand for immediate replacements. Direct sunlight can dramatically Increase the pressure and temperature within the one-ton cylinder causing a potential leak through the safety rupture plugs. The safety plugs are designed to relieve,5ressure between 158 OF and 165 OF, The existing sun Weld provides some help; but, because of its height and lack of side panels, it offers little hxp in preventing direct sunlight on the cylinders. This is especially true during the late afternoon when the sun can hit the cylinders from the side of the facility. The sun shield should be extended to prevent direct sunlignt during all times of the day. v Hazard Reduction Options Several other options are available to further reduce, the potential hazard given the current and future chlorine feed quantities. Even after the next plant expanslon, the peak chlorine use would be below 2000 pounds per day (ppd). This would allow cylinder-mounted vacuum regulators-max. rite of 500 ppd-to be used since four cyflnders are used In each f module. Cylinder-mounted vacuum regulators would provide a complete vacuum system except for the cylinder itself. As mentioned before, the cylinders themselves represent a I much lower risk than do the remaining piping and equipment. With a complete vacuum I system, 0 power or the vacuum is lost, the system shuts down and the cylinders would be isolated. However, cases have occurred in which a diaphragm fa'led in a regulator which allowed chlorine gas to escape. f ; Cylinder-mounted vacuum regulators are currently restricted to a 1500 ppd withdrawal rate; 1 consequently, four one-Ion cylinders would provide adequate service. One of the drawbacks to the cylinder-mounted regulators Is the frequent handling which Is required each tim3 a new cylinder is placed in service. The unit would have to be disoonnected and laid aside while a full cylinder is moved into place. These units are somewhat fragile end require careful handling. Some of this drawback can be offset since the piping will now all N.CiN~Gnron-OAL`~7l7AJOOfrlRphMRE RMRffiNRpaR~CM7 wpd 3.15 i 1 t~h lnyi)ul 39 r S: ; rye F,r F irk,10 J r c ~ 1 i t .i be flexible potyethylene and PVC, The cost of each regulator is approximately $700 to $900; consequently, frequent replacement because of damage could prove to be costly. A total of 8 units would be required at a cost of $8500 plus installation of flexible piping and reworking of the exterior panel. Another option to reduo " ie accidental release of chlorine gas Is cylinder-mounted isolation valves similar to Moss described In the Spencer Road WfP - Minor Modifications ! paragraph. Each valve would be controlled by a remote chlorine gas sensor that would close the valves upon a deteded chlorine leak. The approximate cost for each valve E3 $7500. The total cost for eight one-ton cylinders is $00.000. One drawback is that the valves do not eliminate the gas hazard for the quantity In place between the valve and the vacuum regulator. However, this is a relatively small amount of chlorine gas and it would not Impact off-site areas. Chlorine Storage Enclosure I Another option to reduce the potential release of a chlorine- :eak from the site would be the complete enclosure of the storage and feed facilities within a !wilding. The addition of a I chlorine scrubber would be necessary because this option Ilwok sa a significant change to the existing structure. The enclosure in combination with the cylinder-mounted Isolation valves would provide a very reliab!e system and would drastically reduce the potential to! a leak beyond the confines of the plant site. This option would require major construction of i a building around the storage area. The building would also reduce the cylinder exposure to the sun during the hotter months of the year. If the building Is built, a sprinkler system should be Installed to control a fire, A potential fire would be very detrimental to the one-ton cylinders and could cause a major leak through a fusible plug. The first step In determining whether the existing structure can be enclosed would be to perform a structural analysis to determine whether the existing columns could accommodate the additional loads associated with walls. if this anaiysls Indicates that the columns are acceptable, then walls could be designed Into the structure. The estimated cost for the walls, chlorine scrubber, fire extinguishing system, ventilation system and miscel'aneous equipment is $700,000 Including onntingency, mark-up and adminlstration costs. I Other Considerations Other potential improvements could Include improvements to the ventilation systems and irl remote on-site or off-site gas detection equipment. All the piping in the exleting chlorlnshon r room Is under vacuum conditions; consequently, the ventilation system can remain manual. it did appear that some existing ventilation equipment should be restored to full operational capacity In the feed roam areas. ` i tY i I M.~CIwrM,OM1on-OAL'A'IUDTOMJIpRF/RE RINP"611pdTCf0l vlpA 3.17 . 1 f C U I' Remote on-alto and off-site leak detectors offer IlWo help in reducing or eliminating a potential hazard, Once a remote detector would son to a leak, it woutd be too late to contain or control tha release off-site. Only sensors In the immediate vicinity of the storage containers, and preferably within a bui?ding can provide some advance warning. This would allow appropriate action to eliminate or severely reduce the potential for a release off-aRe. Installation of sensors beyond those curroMy Installed we not recommended. Sulfur Dioxide AclIM" Sulfur dioxide Is used to de-ohlodnate the waMewster effluent prior to discharge Into the II creek In accordance with the wastewater diecharge permit. The existing gaseous sulfur I dioxdde facilities are es•"aily the same as the chlorine WIN#* In operation. Suf ur dioxide one-ton cyilndero are located on a pad nfih an overhead sun shield adjacent to the l chlorine storage era. Sa 1 3. 10. The layout of equipment, valves, and feed l equipment Is Wontkxtl to the chlorine faclIfti . Consequently, the same Improvement options discussed for the chlorine system we applicable to the sulfur dioxide system. The isolation valve system would cost approximately $30,000. One exception Is that the insWIstion of a building enclosure for the augur dioxide containers would provide a debnlte advantage for the system. Currently, thermal blankets and heating Will we required for the cylinders from November to April to allow, adequate gas withdrawel rates, A building would allow a oontrolled atmosphere and eliminate the thermal blankets and hating oolls. The scrubber system could become both the chlorine and sulphur dioxide buildings; consequently, the addltio nW Incremental cost Is estimated at $300,000. { .I i r r i 1 H w~~„u,o.'+tenauura~oaoti+no~vu s►nun.M.veTCxa.o+ 3•t d s' tip.:,,.-mss..-..--._. .........._...-~..iSStS.n.l:Li:W .Yp.. r i. , ! C~ he_ t I ALTERNATIVE DISINFECTION PROCESS EVALUATION I 4.1 INTRODUCTION t In this section alternative disinfection processes for the chlorination and ammonletlon facilities at the Spencer Road WTP wl11 be discussed, A total of three alternatives were considered for the chlorination system and two alternatives were considered for the ammoniatlon system. The alternatives were evaluated based on the following key operating conditions: 6 Average plant flow rate. 14.2 MGD Average chlorine consumption per day: 767 Ibe/day • Average ammonia consumption per day: 137 Ibs/day Other assumptions are described In Appendix A. 4.2 CHLORINATION ALTERNATIVES Dellvered Sodium Hypochlorlte Solution Sodium hypochlorits is delivered In approximate quantlties of 4,000 galtons by bulk chemical delivery trucks at typical strengths of 10 to 16 percent by weight. Two 15,000 gallon storage tanks will provide sufficient sodium hypochlorite capacity to meet the requirements of the plant for a to's of 30 days. The tanks will be equipped with two 50 gal/hr metering pumps for doaing the chemical. A schematic of this alternative Is shown In I Figure 4.1. The primary concern with a sodium hypochlorite system is the degradation during storage, as described in Chapter 1. In order to minimlzs the formation of the chlorate Ion, the I amount of hypochlorile in storage should to controlled by the plant operators to maintain an approximate 30 day supply. During periods of low flow, the stored volume should be reduced to prevent Increasing the mean resld4nce time beyond 40 days. Inventory management Is critical with a hypochiorite system, In warm climates, such as the Metroplex, It is necessary to Install sodium hypochlorite storage tanks and associated equipment In an air-conditioned environment to prevent excessive degassing and degradation. Thla would Involve constructing a dedicated, v v' 4 Insulated building for the sole purpose of housing this 0qulpment or enierging the (r;- r containment are% to hvlC0 its 8120 if a diluted solutlon Is used. We have sized this building v with 50-foot by 60-foot dimensions, Another option Is to dilute the sodium hypochlodte to approximately a 5 % solution upon delivery. This requires the dilution water to be softened w Cann D~mon.oM',Ne~A0Pt7v aPrHAI AMPlrr!RiOe. M4 *PQ 4.1 I f I l 1 1 1".Z I Z 17, ti R:.Z ti.°'Q 1A 1 l t t_'1 t:_fl t City of Denton, Texas Spencer Road Hazard Reduction/Ellmination Study JJ I ~ 1 Hyppoocchlorite 1 Hypochlodte Delivery I I Feed System I { I I ; I ~ I ` Hypochlorite I Storage Vrrrrrrrrrrr rrrrr Trl CoMSIMm@M r• Flqure 4.1 Delivered Sodium Hypochlorhe Solution _ carmw ~ n ~ f n ~ ~ r • r,b'h~tMUfdvAo~JrypodbrM laAMeA Ap 41.eA i t~ LI i+ I i I I \ i water to prevent calcium carbonate buildup In the storage tank. The cost of more storage I tanks and a larger containment was would be approximately the same cost. Controlling a sodium hypochlorite system Ie relatively difficult compared to gaseous chlorine due to degradation, Special control systems are required for feeding a chemical with a variable concentration. The control of the hypochlodte feed system would require a feedback signal for residual chlorine so that the changing ooncentrallons would os accounted for automatically, Feed pumps need to have sufficient turndown capability to accommodate the degradation, Another by-product of hypochlorits decomposition is oxygen gas. Adequate ventilation In storage tanks end indoor storage areas can easily address the slow build-up of oxygen aver time. However, some gas can still form and this gas generation can present a significant problem in the piping end valves between the storage tanks and the application points, For example, high points In piping can coiled this gas and bind the flow of hypochlorite solution. Care must be exercised In the design of hypochlodte piping systems to avoid these problems, Hypoohiorite solution Is alkaline, thereby Increasing alkalinity of the water, Since gaseous chlorine consumes alkalinity due to the acidic reaction, hypochlorhe would be advantageous from a water chemistry standpoint by maintaininglincreasing alkalinity. The alkalinity of this solution would reduce the plant's sodium hydroxide usage rate. This benefit will be accounted for In the evaiuaflon of alternatives. The labor required for operating the hypochiorite system Is expected to be .3Imilar to the existing gaseous chlorine facilities. Therefore, It will be assumed that the incremental labor t cost for operating this system compared to the existing system will be zero, On-Site Generation of Sodium Hypochlodle from Brine Process Description Two potential equipment suppliers were contacted for Information on hypochlorhe generation • Chemical Services Company and Exceltec International Corporation (Sugar Land, Texas). In this method, hypochlorite Is generated In an lindNkied electrolytic cell by passing 00 current. The chemical reaction for producing hypochlorite by this method is as follows: I NaC! + Kr O+ DC Current -4 NaOCI + X, Softened water Is fed to a brine saturator tank and mixed wlth salt to form a 30% brine ir solution. The brine Is then diluted 10:1 with softened water to form a 3% solution which Is then fed to the electrotytio cells. A low voltage DC current Is pasted through the brine In an undivided cell to create the 0.8% sodium hypochlorlts solution. Th3 sodium hypochiorits is M.,,;IHneCMt0,1_DALti176]AWIDMPoCNPL PMPIrtwPpoTCn6 *Pd 4-3 r I I i ro 1 stored in a tank prior 10 feeding to the WTR System control Is based on the level In the hypochlorhe storage tank, The hypochlorits wail be generated In a single, skid-mounted unit with No 400 ppd cells. Each unit is capable of producing 30,000 gallons per day of 04% hypochlorite solution (equivalent to 2,000 ppd of chlorine gas). A CC rectifier will be provided for each unit to convert the AC current for use In the calls. Qeneratlon of hypoohlorlts on-site requires the I following Inputs to meet u,.) 767 pound average day chlorine demand. I Water 30,000 gpd (softened) i Salt 2700 Ibs/day Bower 2,600 KWh/day A simplified process schematic of a hypochlorlts generation system Is shown on Figure I 4.2. The generation facilities could be located In a building with 30-foot by 30-foot dimensions. The reaction of sodium hypochlorits in an aqueous solution can be described by the following equation, I NaOCI + 11, 0-► HOCI + NaOH In addition to the chlorine compound, sodium hydroxide to also formed and can be used to on-set or eliminate the sodium hydroxide which would otherwise be required, This would be true d the City either bought sodium hypochlor0a solution from a chemical supplier or generated it themselves. Brine Preparation The brine system would Include sell storage and dissolver along with a water softener, The salt and solution storago taY^j place In one tank. In order to provide 30 days storage for a 30% brine solution, an underground concrete tank 2ax20ki 0' deep would be required, This will provide approximately 30,000 gallons of storage. A water softener with 30,000 gallons per day total capacity will provide the water necessary to dissolve the salt as well E as the water required to dilute the salt solution to the 3% concentration used In the cells. Hypochlorne treatment and Storage No further treatment of the hypochlorite Is required. Two days storage at maximum feed r rate or 30,000 gallons should be provided, This could also be an underground concrete tank 3ax30'xtd deep, The metering pumps for the hypochloMe could be located in a well l' nexi to the tank. H ~C~'~M~iOMbn-OAL'~7E3AOO~pMRoM1HAE RMPJkwRrOanGd~.'MA 4.4 r a I I t 1 1 1 1 1 ! T 1 F r l t i i I i I I I ! } City of Denton, Texas Spencer Road Softened Water Hazard Reduction/Elimination Study Salt Delivery Brine Solution HI Gas Vent Brine ' Preparation To NaOCI Feed System NaOCI Hypochlorite Storage Electrolytio ° Cell Spent Brine Anode Cathode to Sewer Figure 4.2 C On-Site Sodium Hypochlorite Generation QrOLLO ~ww,am.~e.ro~tnwoa~aM~n~~eee, u t t Operation The Incremental labor cost for this option over the gaseous chlorine option Is SW hours per year. The operator is required to monitor cell condition, voltage, amperage, and hour meter readings. The generation system could be tied to the plant control system for monitoring at the plant Control room. Periodic cell de-scaling will be necessary and the electrodes will require replacement every b to B years. Sahty Since the solution strength of the hypochlorlle will be lest than 1%, it w l be exempt from HazMat regulations. In addition, no dangerous materials will be required In the process or are produced by the process. Thus, from a safety standpoint, on-site generation of hypochlorits has a reduced level of hazard compared to aftematives involving Olorlne gas, Wash Stream Treatment and Disposal The process generates two waste streams, waste softener brine and hydrogen gas. About 1$00 gpd of waste brine will be produced by the softeners. This brine could be disposed of In the sanitary sewer, The process produces hydrogen gas In the cells which has a salinity roughly equal to sea water, and this gas Is vented to the atmosphere for I dsportion. On-Site Generation of Chlorine Glee This alternative is very similar to on-sits generation of hypochlorhe except that gaseous J chlorine is produced Instead of hypochiorite solution, Two equipment suppliers provicled 11 Input to this report • Ionics, incorporated and Eleat. Both eyetsms are designed to produce 10 tons per day of chlorine, Currently, both systems cannot be turned down below 1 ton per day production rate, Therefore, the calculations will be based on a one Wn per day chlorine gas generation rate. Chlorine gas generation is a process that has been used commerclally for years. Chlorine ` gas Is generated at the anode of an aiectrolytio diaphragm all when electrical current is ` passed through a chloride lon•oonditioning brine solution in the all. Hydrogen gas and caustic soda are produced at the Cathode. The diaphragm can be either an nabestos slurry deposited on a steel screen or a membrane. Tho overall chemical reaction Is as l follows; f 2 NaC1 + 2 Nr 0 + electric current 2 NaOH+ Ch + 2H2 Caustic sods is produced et a concentration of IS to 25%. The chlorine gas must be dried f r / c I and liquefied for storage. For each one ton of chlorine produced, 1.13 tone of dry caustic is produced, Alternating current Is rectified to produce the OC current used In the cells. N ~ui.mao«MOn d4N7lUOQDMRPliMllt gMP,RrWMeaM1CnD1.MpC 4-0 , I t i i 'I I I To produce one ton of chlorine the following raw materials are required; II f Evaporated Solt 3,800 Ibs/day 1 Sod um Hydroxide 2201bs/day I Hydrochloric Acid 110 Ibs/day 1 Sodium Thlosulfate 4.4 Ibslday k Carbonate 50 Ibslday i Flocculent 0.2 Ibslday Water 4,000 gpd Power 3,800 KWh/day A simplified process schematic of a chlorine gas generation system is shown on Figure 4.3. The generation equipment could be located In a building with 85doot x 88-foot I dimensions. Brine Preperellon Brine facilities will include a combination salt storage and brine saturation tank Water supply for the tank should be softened. The sodium hydroxide and hydrochlort sold { requirements In the above list of raw materiels are for the regeneratlon of the water { softeners. The tank should hold one month of salt storage at maximum Olodne production rates, As shown above, the salt requirement is 3800 Ibs/per ton of chlorine generated. At ' the maximum day chlorine production rate of 2,000 Ibs, storage should be provided for 108,000 pounds of salt or 38,000 gallons of brine. An underground concrete tank 20'x20'x14' will provide the necessary storage. l Chlorine Treatmenl and Storage Chlorine gas driers and liquifiers would be provided as a part of the package from the l equipment supplier, These are required so the chlorine can be stored, if 4 were fad directly from the generator, drying and onmpresslon would not be required. I Chlorine storage would be in pressurized tanks. If the storage could be limited to less than 2,500 pounds, then compliance with HazMat regulations would not be required. Since this quantity would be below the operating limit of the system, limiting storage to 2,500 pounds is not practical. A caustic scrubber would be required to meet the Uniform Fire Code, r (fir, r' f Ono WN 4'T M.iCrura O~_OAL'4M2AOO~DWF1P01A9 AWFMO WW i I I ! 1 1 t 1 1 ! : : i ! - 1 I s i i ! l I i f ? City of Denton, Texas Spencer Road Softened Water Hazard Reduction/Elimination Study H+ Gas Salt Delivery Brine Solution Vent 6 NaOH Sodium Hydroxide Brine Preparation Feed System I Chlorine CI Gas Sodium Hydroxide Storage Storage Cooling Gas Drier Be Water Compressor Membrane Chlorine Cell Feed Spent Brine to Sewer Anode Cathode System Figure 4.3 On-Site Chlorine Gas carOLLO a n6 1 Ma 0 r• ~ arna,uu!anron Jrypoaniornr 1q 1J oer i M l I~ Caustic Treatment and Storage f 4 The caustic concentration from the process can be up to 35% without going 10 evaporators, The most convenient concentration would be 26% since this could be sold if there were excess and it would be compatible with purchased supplies. No costs have been Included for caustio storage because these costs could be common to all alternatives, Operation The process for generation of chlorine gas and caustic on-site is reasonably sophletIcated and will require one full-time operator (40 hours per week) to monitor and operate the system. Additional personnel would be required periodically for maintenance. safety Since chlorine gas Is produced In the process, the safety issues regarding chlorine will be similar to those with the current system. The major difference Is that the quantity of chlorine stored on site Is far lees than the amount currently stored. With on•alte generation only two days storage le required as opposed to the almost month of storage now provided. The reduced storage for on-site generation may be offset by the more extensive handling required for the chlorine gas which Includes generation, drying, and IlquHicatfon. There may be a greater possibility for leakage, but the total volume of a leek should be significanVy less, Because of the hazards associated with this process It would be more difficult to permit than a hypochlorits process. 11 Another alternative to storing chlorine would be to produce sodium hypochlorlte by using 1 chlorine and sodium hydroxide, This Is accomplished by oombining the manufactured chlorine and sodium hydroxide or by the elimination of the membrane between the two electrodes. If the membrane between the electrodes Is removed, the system Is similar to that discussed In the previous section (on-site generation of sodium hypoohlorite), Waste Stream Treatment and Disposaf The average day waste stream Includes 200 gallons of spent Wine from the add/base Ion exchange softeners and about 65 gallons of waste from the process. Both of these streams could be disposed of In the sanitary sewer. The hydrogen produced by the cell would be ventcd to the atmosphere. 4.3 AMMONIATION Dellwed Aqueous Ammonia Uutton Aqueous ammonia Is delivered In 6,000 gallon bulk chemical delivery trucks at typical + (Ir c strengths of 10 to 30 percent by weight Under the current risk management guidelines aqueous ammonia concentrations less than 20 percent do not pose a significant risk to the j I I i r. ~I communities and hence does not require an AMP. The calculations for this alternative are based on using 191 percent aqueous ammonia. Even though aqueous ammonia Is very soluble In water, at concentrations above 10 percent the vapor pressure Is sufficient to necessitate a pressure vessel similar to the existing anhydrous ammonte storage tank. A single 7000-gallon Storage tank will provide adequate aqueous ammonla storage to meet the requirements of the plant for a total of 30 days. A schematio of this alternative Is shown In Figure 4.4. I The aqueous form of ammonia is Inherartly safer than the anhydrous form of ammonia. However, It Is still necessary to design the aqueous ammonia facilities with adequate safety "eatures. Some of the Safety features Include spill containment, emergency power to alarms and leak defection system, limit controls within pressure vessel to avoid overfilling, and a small absorber system to handle ammonia vapor. Due to the low partial pressure of aqueous ammonia the pumps and Instrumentation required are generally of the same complexity as the anhydrous ammonia system. Considering all of the above issues, it Is safe to say that aqueous ammonia has a clear 1 advantage over anhydrous ammonia from a safety perspective. The labor required for j operating the aqueous ammonia system is similar to the existing anhydrous ammonia facilities, Therefore, the Incremental labor cost for operating this System compared to the existing system would be zero. Delivered Ammonium Sulfate Solution Usage of liquid ammonium sulfate for the treatment of drinking water Is a relay new { application for this chemical, Say Chemical, Odom TY, has an NSF-approved product for R the usage In drinking water applications. Uquid ammonium sulfate Is delivered In quentities of 1,00010 5,000 gallons by bulk chemlcat deilvery trucks at a typical Strength of 38-40 percent by weight, Unlike anhydrous and eque )us ammonia, liquid ammonium sulfate Is an odorless compound with a vapor presswe similar to that of water. One 7,000 Callon storage tank will provide enough liquld ammorlum sulfate capacity, 10 most the 1 requirements of the plant for a total of 30 days. Uquld ammonium Sulfate Is relatively stable 1 and does not undergo any degradation with tlme. The storage tank will be equipped with two 10 gal/hr metering pumps for dosing the chemicah A schematic of this aternatve is shown In Figure 4.5. i Controlling thu liquid ammonium sulfate food system is relatively simple. The control f mechanism requires two Signals from the plant control system; plant flow end chemical r dosago set-polnt. These two signals are adequate to adjust the stroke length or speed of ! the metering pump to match the required Mee. The etaage area is contained to provide I protection during a spill. In addition the storaga tank Is equipped with a level probe to avoid overfilling. Chemical pipes will be heat traced to avoid freezing In winter, N.C~+nu~Oxrtan_OAL~'l2AOPOMRpM1NRE RMPfvriReoorrGiG.wp1 4.10 N C [--Z 1.1 r_r VA r-_.t r:t * 1 r 1 City of Denton, Texas Spencer Road Hazard Reduction/Elimination Study I Aqueous Ammonle ----1~► Aqueous Amrnonla ' Delivery i I Feed I I I 1 Aqueous Ammonla Storage, L r r r. r r r r w+ v r r ~ r r r r r r l containment u Figure 4.4 Aqueous Ammonia DOW" CQf~QLLO r,wMrrt+wrWWnbrMgwowrnmaaaba.eb l M 4 1 1 ! I 1 UZ I"= E": E : E'1r. E-,.*9 us 9 1 II_1 VA t'-1 I : ] ! 1 [ } City of Denton, Texas Spencer Road Hazard Reduction/El I mi nation Study I i Ammonium Sulfate Ammonium Sulfate Delivery I I Feed I I I I I Ammonium Sulfate Storage 6rrrrr r rr•r rrr rrr r rrrl Containment r, Fl ure 4.6 Ammonium Sulfate Delivery caroLto ~ n ~ f n ~ ~ ~ ~ ~YMnk'uwldvbe'm+awimdMMrYb041,eAr f c; 1 Ch SOW b I DISINFECTION PROCESS COST EVALUATION 5.1 INTRODUCTION An economic analysis was performed on the various options that were ourelned In Chapter I 4 of this report. In order to maintain consistency between the aftemetivea several of the economic parameters were established prior to the start of the analysis. Economic Criteria In this project the economic diteda was c1lMed Into two segments; (a) cost of utilities and chemicals and (b) plant operational conditions. A summary of the economic criteria are Indicated in Table 6.1 and 6.2. I Table 5.1 Cost of Utitkies and Chemical Spencer Road WTP City of Denson Peremeter Value Unks Equipment We 20 years Net Interest Rate 3.5 "of Base Year for Economic Analysis t20? Contingencies 20 Construction Cost Mark-up 25 Administration Cost 16 Power Cost 0.06 00h Labor Rate 26 Whcur Gaseous Chlorine Cost 307 $Aon I Sodlum Hypochtorfte (10.5%) Cost 0.61 :/gallon Evaporated Saft Cost 36 SAW Anhydrous Ammonia Cost 6e0 $ tort ~ ~ lr~ Caustio (50%) Coat 0.116 ftllb-dry H.~C*ft,0~.0ALAMA0"WAKHR2 RMPAMNA00%" "d 94 i Table 5.2 Plant Operational Condkione Spencer Road WTP City of Denton, TX Parameter Value Units j Annual Average Plant Flow 14.2 MQD Rate Design Plant Flow Rate 30 MOD Annual Average Chlorine 140 tonslyear Usage Rate Maximum Chlorine Usage Rate 2000 lb/day Annual Average Ammonia 25 tonslyear Usage Rate I Maximum Ammonia Usage 350 lb/day Rate I Annual Average Caustic Usage 430 dry tonslyear Rate Maximum Caustic Usage Rate 5,600 dry tbs/day Manufacturer Budgetary Costa Two of the alternatives evaluated, on-site hypochlorlte generation and on-sits chlorine gas generation, required addWonal Information from the equipment manufacturers. Budgetary I cost estimates for these alternatives were based on the capIW and operational and I maintenance (O&M) costs obt.'nod from the manufacturers. The budgetary capital coat estimate for the o"its hypochl ~r. wtd chlorine gas generators were $350,000 and $1,600,000, respectively, Other equipment oosty such as buildings to house this equipment, chemical storage tanks, mixer and chemical feed pumps were based on recent Carollo projects. Chemical Supplier Budgetary Costa i In addition to the chemical costs listed in Table 5.1, Coate satimates were obtained for j aqueous ammonia and liquid ammonium sulfate. Aqueous ammonia Is avv7able In a variety of concentrations ranging from 16.5% to 30%. A 16,5% solution was selected to minimize risk and avoid the develop, meet of an RMP. The cost of 161% aqueous ammonia r Is $460 per ton. Llquki ammonium sulfate Is available at a concentration of 40% and costs i $160 per ton. Table 5.3 shows the equivalent costs for the various liquid chemicals In comparison to the base-case chemicals of gaseous chlorine and anhydrous ammonle, t i I I Table 5.3 Summary of Cost EquIt"Ients Spencer Aoad WTP City of Denton Chlorine Uquid Equivalent (pale) Cost per Pound Chlorine Gas $0.154 SodiumHypochiorite(10.6%) 1.14 $0.582 Based on Coe% of Genes! Assumptions LOW In Appendix A Ammonia Uquid Equivalent (pals) Cost W Pound•NH,($) Anhydrous Ammonia $0.205 Aqueous A mmonla (10%) 0.88 $1.289 Ammonia Sulfate (39%) 0.93 $075 5.2 EXISTING DISINFECTION PROCESS COSTS The plant currently has gaseous chiorlne and anhydrous ammonia teed faculties. These 1 facilities will form the basis of comparison for ell the alternatives developed in this study ` and will be considered the base-cane aRernatNes. Modifications required to the gaseous chlorine base-case alternative to meet codes and TNACC requirements will be added, The modification of the exlsting Chemical Building proposed In Chapter 3 for the Spencer Aced WTP will be added to the existing dial nfection process cost. I The capital cost for the base-case chlorine alternative (Altsma0ve 1) Is $1,150,200, which includes the unloading area Improvements and the Chemical Building Improvements. The r 20-year present-worth O&M cost for the base-case Is $708,700 which includes chemical I casts and yearly AMP costs. The total present-worth cost of the base-case altematIve Is V $1,958,000. The capital cost for a new Chlorine Building (Alternative 1A) Is $1,868100 as previously described in Chapter 3. The 20-year present-worth 08M cost Is the sauna as the base-case allemative, The capital cost for the base-cese ammonia alternative (Alternative 2) is considered to be zero since no Improvements are necessary to meet code requirements. The 20-year present-worth O&M costs for this aitemallve Is $203,000. The total present-worth cost for the base-case alternative Is $203,000. If the new Chlorine Building Is built, the addition of f ammonia facilitles(Alternative 2A) to that building would add $107,340 with the same 08M ~r"` r cost as Alternative 2. Detail cost calculatlons for the gaseous chlorine and anhydrous ammonia alternatives (Alternatives 1, 1 A, 2 and 2A) are Included in Appendix C. N 4+WK/ 0~0ALA?* DtVPart*9 MVrwu.oen~" *0d 8.3 I i 5.3 ALTERNATIVES TO EXISTING CHLORINE SYSTEM Delivered Sodium Hypochiorits Solution (Alternatives 19) 1 The capital cost for this system Is estimated to be S50a.500. The capital cost Includes chemical storage tanks, metering pumps and a building to house the tanks. The capital cost for an equivalent facility capable of handling a 6% diluted solution is approximately the same. The O&M costs include hypochlorne chemical usage and caustic savings cost. The total present-worth cost for this alternative Is $2,621,66. The amount of labor required for the base-case chlorine alternative and this alternative is similar. Therefore, additional labor costs have not boon added to the 0&M costs. Appendix C shows the detail l breakdown of the capital and 0&M costa for both the building option and the dilution option. I On-Site Generation of Sodium Hypochlorhe (Alternative 1C) The capital cost for this system Is estimated to be $1,863,000. The capital costs Include hypochlorhe generator, softening system, below grade concrete hypochlorte storage tank, below grade concrete brine storage tank, brine mixer and housing for the generator, The O&M coats include brine usage, softening system 0&M, generator power, labor and caustic savings cost. This alternative requires approximately 500 hours per year of additional labor over the base-case chlorine alternative. The total present-worth cost for I this alternative is $2,60,800. Appendix C shows the detail breakdown of the capital and O&M costs. ( On-Site Generation of Chlorine Gas (Alternative 1 D) ` In this alternative, chlorine gas Is generated on-she. Therefore, this alternative includes the cost of the chlorine generation equipment plus the costs associated with upgrarting the existing system to meet the code requirements, The capital cost for this system Is estimated to be $6,501,400. The capital costs Ind ids chlorine gas generator, chlorine scrubber, below grade concrete brine storage tank, brine mixer and housing for generator. The O&M costs Include brine usage, caustic usage, softening system 0&M, generator power, labor, yearly AMP costs, caustic savings 00.4t and Income from sale of excess caustic. This alternative requires approximately 2000 hours per year of additional labor over the base-case chlorine alterneWs. The total present-worth cost for this alternative Is $6,603,900, Appendix C shows the detail breakdown of the capital and 0&M costs. Summary of Chlorination Alternative Costs A; Since the primary objective of this study Is to eliminate or minimize risk, it Is important to recognize that the hypochlorite alternativee (18 and 1C) posses the least amount of risk to the offsite areas; however, these alternatives may actually increase the risk to onsits plant staff. While the hypochlorte system poses the least amount of ofl•she risk, It Is relatively 1 M Ci4m~ DM1a Q4 ~101A0PCMRON Nr MAPJn~dNpsTCno6 wPd 5.4 1 t:1 v i simple to add scrubbers to the chlorine aftema5ves (1, t A and 1 D) to minimize risk from an accidental release. ` Table 5.4 shows a summary of the base-case and the four altematNos. The cost comparison shows that the on-site chlorine gas generation alternative Is the most expensive and the current system with modifications Is the least expensive. 5.4 ALTERNATIVES TO EXISTING AMMONIA SYSTEM Dslawced Aqueous Ammonia Solution (Alternative 20) The capltal cost for this system is estimated to be $672,340. The capital costs Include chemical storage tanks, metering pumps, InstrumerUtieon and a containment area around i the tanks. The 06M costs include aqueous ammonia chemical usage. The labor required for the base-case ammonia alternative and this altematWe Is similar, Therefore, additional labor costs have not been added to the O&M costa. The total present worth coat for this alternative is 31,616,100. Appendix C shows the dstafl breakdown of the capital and O&M Coate. Delivered Ammonium Sulfate Solution (Altsmatlw 2C) Unlike anhydrous and aqueous ammonia, liquid ammonium sulfate has negligible partial pressure at ambient temperatures. The non-existent partial prmure *Iiminstos the need for a pressure vessel type storage tank. Uquld ammonium outlets can be stored In a Aberglase reinforced tank. The capital cost for this eyatsm is estimated to be 5321,800. The I capital costs tnclude chemical storage tanks, metering pumps, Inetrumentstion and a containment area around the tanks. The 08M costs Include liquid ammonium outlets usage. The amount of labor required for the base-case ammonia ahrnalWe and this alternative Is similar. The total present-worth cost for this albmative Is $857,200. Appendix 0 shows the detali breakdown of the capital and O&M costs. Summary of Ammonia Alternative Coats Table 6.5 shows a summary of the bass-cane with now ammonia facllftiss (Aftmattve 2A) and two aftematives. The cost comparison shows that anhydrous ammonia with the base- case or new facilities as part of the new Chlorine Bullding (AtematWs 2A) is the most I economical. c owu,eaAOO~n,m,ae nx+nFn.M•o~!c*or ~ C, u I I 1 c Table 3.4 Summery of ChWne Altematim Sponcor Road C WTP of Denton i ALTERNATNE& l 1 1A 18 10 ID 1101000400114 to OeINw*d Sadlum On-SN Generation CrARe Generation ExleSrq CModne Now Hypodh w ft at Udlum of CModne hate BWp. ChWM Bldp. Sdutlon KA)0chlorhe Ges CAPITAL COSTS 1 Go Scrubber $300000 1;100,000 SX0,000 BuIlding.Cnnhlnmentand $130.000 ab0.000 $250000 wow 5682,600 Ventlletfon I , Fire Sprinklers $20,000 !25,000 ' Process Equipment t70,D00 $100,000 S/6000 1742A60 $2,271,000 I Storage Tanks 872,000 $151.100 M"o Electrical Feed 5 160.000 $150.000 ' D'eolbuttan Emergency Gerwartor IMAM !80.000 kutn+mamatlan 550000 S1oo.o00 Unloadkp AnUSlle Work 5120,000 $160,000 BuaTolel $510.000 11,136000 5267.000 $181050 31,185,200 Whh Contktger" (20%1 11,008,000 $1,382A C) 6M0400 01156'a80 $1,827,010 CoraftudonMaM.up 51.4b,075 64,783,600 (25%) WhhAdministrative Ca1 51.165,200 01,556300 t80E,600 11A82A18 56,501,370 (15%) Total Capftal Cost. {1,1{1200 0,566,700 0/06,000 61164000 {6,101,400 I PRESENT-WORTH O&M COSTS ie• C MrkarCala SM.Ow 5802000 52.188,500 5850300 5510800 rs I ICnemkdSlNrpq ("I3,000) (16$3,000} ($1,850,500} Pay,K.. M1,300 {751300 N,085Atb LANY t1Y1A00 $888A0o AMP MaintMancs 5206100 Say ,no $20870o Total PWOAM $?",no 1611$00 02,016,100 {1,003,600 {1,114.{00 Costa A Total ANerms&a $1,060,000 61,710,000 {401.100 14,166,600 {6,ta7,600 Coal f • Construction mattap of a5% added o* is ahem" 15,10, and ID because of W$s ertMUftl of rendat4uppbd pwM egjWmm . "Only MM"O All AM" CO power Ind Iabor sld eftd. Parenthesis Its"d IsArogf caused by bauead soda. M:. CI'**a~.VA0?MA0&0WAP0 A IIMPAVA"GeNT&I 140911 r ' c u t Tablt 6.6 Summary Of Amawle Al emativea Spwmr Road WTP City of Denton Alternatives 2A 28 20 ExWng Anhydrous Ammonia System w1 De]WW Aqueous Delivered Ammonium _ hem New Building Ammonia Solution SuW* Soludon CAPITAL COSTS Building 583,000 Storage Tanks $262.300 $26,200 ContslnmenVSUWork $5,000 $82.600 $100,000 Pumps A Piping or $60,0W $67.100 $45.000 Equlpment Electrlcal 525,000 $76.000 $60.000 InstrumoUtlon Sub-Total $143,000 $467,200 $293,200 With Contingency (20%) 5171.600 $664,640 $279,6144 With Adminl6tration Cost $197.340 5672.340 $321.6N.1 (15%) Total Capital Coo $197,340 t nrw 121,900 Prowl-Wortft O&M Coate Chemical Coat 52031240 5643.800 5636,400 Total Coat 1400,900 N,616,400 IN7,2o0 „ I i ~ ~i ~ I i , b I M, tMnn 0.nan_oaH~ eAMn .ra.pamr,er s,.qa ANN M i I 1 Chapter A I RISK EVALUATION ' 6.1 INTRODUCTION The relative risks associated with storage and use of hazardous chemicals will be discussed within this chapter. A qualitative approach will be presented herein Instead of a I detaiied quantitative approach that can be developed to determine probabilities of leak scenarios occurring. Such probability analysis can be used to assess the risks of different types of storage and use facilities and are often s part of an RMP. We feel that the evaluations and recommendations necessary for this project can be made without detailed and costly statistical and modeling calculations, Much of this chapter will focus on t ,a use and risks associated with gaseous chlorine. Because of the safety concerns of chlorine, there is much more data and information available for this chemir;al than for the other hazardous chemicals that the City uses anhydrous ammonia and sulfur dioxide. This discussion generally applies to all of these chemicals, but the bulk of the discussion will address chlorine. The safety record of the water treatment Industry relative to the use of hazardous chemicals has been very good historically. According to the Handbook of Chlorination (3rd Edition) only one utility employee at a water or wastewater treatment plant operation has died as a result of a chlorine leak. Considering the longterm, widespread use of gaseous chlorine and its relative danger, this Is an excellent safety record. Many more Individuals have died during the construction of water and wastewater treatment plants and from other operational and maintenance activities such as servicing electrical equipment. This excellent safety record with chlorine facilities in general can be attributed to care exercised by the staff at these facilities and the design and operating standards developed by the water and wastewater Industry and by the Chlorine Institute. There have been several major chlorine leak Incidents during the transportation of chlorine by railroad where Individuals have died. Chlorine is transported by railroad not only for the water and wastewater Industry (which accounts for only b to 8 percent of our country's consumption of chlorine), but more commonly for the chemical industries. There have r been three significant Incidents In North America where people have died as a result of derailments, These incidents typically involved large releases of chlorine that covered large residential areas. There have been no deaths as a result of truck tanker trailer v accidents in North America. Because of the concerns over the transportation of chlorine, v several large, densely populated cities including New York, San Francisco, and Chicago 1 t ' c have banned gaseous chlorine from being used within their Jurledictional area for many years. Sodium hypochlorits soiution Is typically used at water and wastewater treatment H ~C7 '{1MMO~ OAINtliAOAdnRprJ~Rr RMPYfwp*paT" *pd e't I r, f I facilities within these cities to eliminate the potential for a widespread exposure of gaseous chlorine. As has been shown in Chapter 5 of this report, the use of sodium I hypochlorits solution versus gaseous chlorine Involves significant extra cost, but in densely populated areas, it may well be Justified. More recently, many smaller water and wastewater utilities have switched to sodium hypochiorite, especially in California. This trend has been on-Ong over the last 10 years I as this state has had its own version of the AMP regulatory requirements In place for this period of time. Several smaller utRW*s decided that it was more cost &Moe*@ to switch I away from gaseous chlorine to sodium hypochlorke solution to avoid the added costs of risk management. Unfortunately, many of these utilities found out that sodium hypochlorits 1 was a difficult-to-handle chemical as was mentioned In Chapter 1. The decomposition of ' the chemical over time makes for dif icuft inventory control so that excessive chlorate ion does not form within the hypochlorits solution. Also, formation of gas during the decomposition poses a problem In high points of the piping runs and piping or valves that I are isolated for long perlods of time. Another potential problem Is the Inadvertent mixing of bases (aluminum sulfate) and acids (sodium hypochforfte) which can have catastrophic I results as was discussed in Chapter 1. Similarly, some wastewater utilities are switching from sulfur dioxide to sodium blsulfhe in I order to reduce the risk associated with a gaseous chemical that Is similar to chlorine In its toxic effects. Sodium bisulfite is analogous to sodium hypochlorKe In that It Is a liquid chemical that can be stored In atmosphado tanks and provides the same chemical characteristics as Its gaseous counterprrA once dissolved Into water. It Is also generally, more expensive than sulfur dioxide because of the added delivery cost, but some 0110" find that this cost Is Justified because of the increased safety associated with Its use. Historical Chlorine Accidents ` I The Chlorlne institute has received reports of chlorination equipment accidents over the l last 50 years. They have ranked the potential hazards of gaseous chlorine equipment based on this historical Information. It Is Important to understand that this ranking Is based on all Industries using chlorine • not just the water and wastewater Industry. The following l causes of chlorine releases are listed in order of potential hazard (from the Handbook of Chlorination) i 1. Fire, 2. Flexible oonnection failure. . 3, Fusible plug failure, 4, Freak accidents caused by carelessness and Ignorance. s I , cu,~n o« e~ ouu~cx~ooavaa~wxc AM0\F0*A"4fWJ0 .ad 6.2 r I f } 5. Valve packing failure, a. Gasket failure. i 7. Piping failure. I B, Equipment failure. 8. Collision accidents causing physical damage to containers. 10. Container failure. ' 11. Chlorine pressure gages. These rankings will be u0zed In subsequent discussions to distinguish between high probability and low probability causes of chlorine releases. it should be noted that although risk associated with fire should be a major concern, most of the reports to the Chlorine Institute regarding fire as a cause of a chlorine leak wera from industries outside of the water and wastewater Industry. These situations are no3t directly applicable beceuse of the very rare occurrence of fires at water and Nastewater treatment plarY.s and the noncombustible materials generally used in these plants. l 6.2 RISK DISCUSSION There are many different types of risks associated with the storage and use of hazardous chemicals. For this discussion, we will divide the risks into the following categories: a Risks from transporting the chemical to the plant site. , I & Risks from unloading of the chemical from the transportation veh►cie to the storage area of the plant. 0 Risks from storing the chemical, • Risks from positioning the chemical storage containers to a location where they can I be used, If applicable, (Generally only applicable to gaseous chlorine and sulfur w dioxide for the City of Denton.) Risks from metering and conveying the chemical to the application point. The saverity of these risks varies significantly. For example, given the track record of the chlorine Industry and the safety features that are designed Into the one-ton chlorine t cylinders, the likelihood of a problem as a resuh cf transporting chlorine to the plant one Is i' very low. On the other hand, it has been show n that there Is a much higher probability of r ti there being a leak Incident once a one-ton cylinder Is connected to the metering equ!pment and on-line. This section of the report will discuss the relative risks associated f' 1 with the No different categories presented above. H.0a mi0~.0AL,432A0DvAV WPj IIMPrM~C1M.wpd Controllable Versus Uncontrollable Risks Before specific discussion on the different risks assocla'od with hazardous chemicals, a discussion on controllable versus uncontrollable risks is warranted. ControEtable risks are those that the City can manage to an acceptable degree of risk through Incorporation of safety equipment, implementation of safety procedures and similar measures, Uncontrollable risks are those that the City has no day-to-day control over. For example, a tornado could strike the water treatment plant and allcw hazardous gases to escape into the atmosphere. Other examples of uncontrollable risks are lightning strikes, terrorist activities, plane crashes Into the plant site, meteorite strikes Into the plant site and ( additional tow-probability events. I Ultimately, all risks can be controllable. The C ty could decide to eliminate gaseous I chlorine from their plants end all risks associated with that chemical would be eliminated. New risks associated with the replacement chemical would hopefully be significantly reduced relative to the gaseous chlorine risks. It will be assumed that the uncontrollable risks for hazardous chemical storage and usage I at the City of Denton plants will not be evaluated in this report. Fortunately, the probability of occurrence for events such as these Is very low and are negligible relative to the other risks that will be addressed In this report. 1 Transporting Chemicals to the Plant Site Risks The risk associated with transporting chemicals Is generally uncontrollable as defined above. The City contracts these deliveries to private companies that perform the transportation to and from the plant site, The gaseous chlorine one-ton cylinders are generally of rugged design that would not easily fall even In a traffic accident scenarlo. The Isolation valves on these cylinders are recessed Into the cylinder shell so that it would be difficult to break one off allowing leakage of the cylinder contents even in an accident. The City could attempt to manage this risk by dictating the routing of the delivery trucks I through Denton from the Interstate to the plant Me. A strategic routing could be developed that would avoid densely-populated areas, schools, and dangerous Intersections. However, by dictating a route, the City may take some liability If there were to be an f accident. For this reason, this approach is generally not recommended unless there Is a [ particularly hazardous Intersection near a sensitive population or some other almillar situation that can be easily avoided, r This risk will not be further evaluated in this report and h will be assumed that the City will 4 not enter Into a decision to change d!sinfectent chemkels based on this risk. t' WC10„s"000 WlupAOPOro~,RCN~RfRGPJNaRpeTCMInAE E,4 t P. Unloading, Storage and Positioning Risks These risks are generally low. From the low ranking In the list of causes above, container rupture and container fat i.re we events that are very unusual, In fact, according to the Handbook of Chlorination, there has never been any report of a container failure (150-pound, one-Ion cylinders, stationary storage tanks, or railcars) at any water or wastewater treatment plant. I If the City decides to address the current unloading situation at the Spencer Road WTP, it should probably not be from a risk standpoint, but from a convenience standpoint. It may be possible to obtain better quotes from chlorine suppliers 0 the unloading facilities are improved. The risk associated with fusible plugs falling Is significant as Indicated by the third highest ranking in the above list for causes of chlorine releases. The City has taken an important measure by covering the chlorine cylinder storage area at both plants as direct sunlight can cause the fusible plugs to Increase In temperature to point whets they can fail. Care should be taken to be sure that all cylinders are adequately protected from sunlight during I the day. Metering and Conveying Risks I These risks are by far the most significant of the five categories mentioned at the beginning of this risk discussion. The failure of the flexible connection was the second most common cause of chlorine releases. This would probably be the most likely scenario at the City of Denton plants since fires (the highest ranking cause of releases) are not probable as the facilities are constructed of noncombustible materials. Several of the other E causes of chlorine releases are also associated with the metering and conveying of this I chornical • valve packing failure, gasket failure, and equipment failure. Hence, it would be most beneficlal for the City to focus on the chlorine that is on-line within the Chemical Building and the anhydrous ammonia system Instead of the chlorine that Is stored in the area across the driveway from the Chemical Building, The current program that the City has In place of replacing the flexib"e connectors every year Is good practice, With an average dally chlorine usage rate of just under $00 pounds per day and a total on-line capacity of 6,000 pounds (four one-ton cylinders), each flexible oonnection is made once about every 10 days or about 40 times per year. This Is an acceptable number of cycles for this tubing In hazardous service, but M would not be advisable to attempt to increase the life or cycles of these connections. As chlorine usage , Increases at the plant with increasing plant flow, It may be desirable to reduce the service v l ;I~ \ r life of these connections to six months, V N CiHrwtD~nbn OAL'ul7A3TOMRWJ+RE PM"V*A1WDW *Pd ~S c . Elimination Versus Reduction of Risk As discussed above, risks fall Into many categories. In some cases, risks can be eliminated; however, usually it is a case of offsetting risks. The risks sac~Y nes are reduced or eliminated In one area and Increated in another area. For example, a change to sodh m hypochlorite would eliminate the exposure risks of chits residents to a potential t chlorine gas leak but would increase the potential risks for pl ant operational personnel In working with an new, unfamiliar chemical. Given that a new chorine building would contain a chlorine gas leak scenario In all but the most bizarre of co tditlons, the Increased risk exposure by onefte plant personnel to another chemical ooutd actually Increase the likelihood of an incident occurring. 6.3 RISK EVALUATION AT SPENCER ROAD WTP Chlorination The decision process that the City of Denton faces at Spencer Road can be summarized In the Decision Tree of Figure 61. This figure Indicates that If no significant changes (those that would require a building permit) are to be made to the existing chlorination system, the City can continue to use this system as was discussed In Chapter 2. If significant changes are to be made to the existing gaseous chlorine system, the City must decide whetaer to Incorporate alternative chlorination facilities or to maintain gaseous chlorine. Maintalnir,g gaseous chlorine includos both the options to modify the existing Chemical Building or to construct a new building as described In Chapter 3. The I alternative chlorination facilities options were all more oostly then malnieining gaseous chlorine as was discussed in Chapter 5. None of the alternative chlorination facilities would require preparation and updating of an AMP, however, the AMP costs are sme8 compared to the Increased capital and 06M costs of the alternative facilities. It gaseous chlorination facilities are modified in a significant way, either by updating the I existing building or by constructing a new facility, there are speciflo code requirements that would have to be mew These requiraments are summarized In Chapter 2 and In Figure 6.1. The most significant elemenly of these requirements involve the Installation of Are sprinklers, a gas scrubber (whether storage Is Indoors or outdoors), end an emergency power system. The real decision that the City must make Is whether to maintain gaseous chlorine or to I consider alternative chlorination facilities. If the dedelon were based on cost alone, It would be an easy one. Even if a new gaseous chlorine facility were built, it would still be much less expensive to maintain gaseous chlorine. However, there are more factors to ' consider, Including: The risk to plant personnel of exposure to hazardous materials. The risk to off-site citizens of exposure to hazardous materials H CW,R~'OMbn DAIN'ItAOMOMPpI!HRE I7MRfirWRrOOrAG~O! wpE C ' 1 Risks associated with alternative disinfection chemicals • The familiarity of plant staff with the chlorination equipment. • The reliability of the chlorination oqulp,roent. i Regulatory noncompllance risks j Public perception of risk. The risk to both plant personnel and off-site citizens Is significant with the use of gaseous chlorine. The City has undertaken reason able messures to reduce risk. Additional t measures, such as the addition of the chlorine gas scrubber, would W6' er reduce this 1 risk. TI ie high level of proficiency demonstrated by City staff, as Indicated to our firm during the plant tour, shows that the City Is capable of property and safety operating a gaseous chlorination system. However, even with proper operation, chlorine leaks can occur and human error can result In exposure to both on-site personnel and off-alto citizens, There is value to the City In that the existing plant staff Is familiar with the gaseous chlorine I facilities and would be familiar with updated facilities. The delh+ery ,f sodium hypochlorite alternative would be very easy for the operators to learn and understand since it Is very I similar io other liquid-based chemicals at the plant. However, the on-site generation alternatives would involve a major new operational challenge that require significant effort to properly master. Since these types of facilities have not yet been Installed in many I plants yet, the City may do some ground-breaking In this area. It has been our experience J that within our industry, new technology often comes with a high price In the first fsw years 1 I of operation. This same thinking generally applies to the reliability of equipment also. Both the gaseous chlorine and delivery of sodium hypochlorho alternatives have proven to be reliable, We have some concern with the reliability of on-site generation of chemicals. In general, than Is a groater number of components for the on-site generation allhvnab v#& We have provided for redundancy In equipment components fa these alternatives in order to Increase reliability, however, they still may not be as reliable as gaseous chlorine and delivery of sodium hypochlorite. With the filing of the RMPIan this Nine as a part of the EPA's Alsk Management Program, the public will have easy access to Information regarding leak scenarios of gaseous chlorine at the City of Denton fccilities, The public's reaction may be difficult to predict and v v their concerns may have little to do with the actual risk associated with the storage and ue• A, ! ; of one-ton cylinders of chlorine. If this reaction Is significant, tho City may desire to l f Implement an alternative to gaseous chlorine to avoid further scrutiny and investigation by i the publio. H OIGOMOu+an-OALN7MIAO+DMApWR611MPf~nrM•po~nCn61+Ad f I CAROLLO 11111409M CITY OF OEMON SPENCER ROAD WTIP J V CHLORINATION OECISICN TREE II j IFFFF W C>iAN~ TO CHLORINE NO F YSTEM SBE MA E BE A?IAD YES I MAINTAIN INSTALL NEW t NO ` GASE CHLORRIINSE CHLORINA s 7 FACILITIES YES I0~y OUTDOOR No INDOORS W STORAGE w 7 I YES F I= REOUIREIMENTS '4 1. LOCATE >75 FELT FROM PROPERTY LINE. I. STORE IN A GAS ROOM ` 2. LOCATE >75 FEET FROM OTHER SUILDINOS. 0. MADE OF NON-COMBOS M E MATERIALS. S. PROVIDE FIRE SPRINKLERS UNDER CANOPIES. b. ONE-HOUR FIRE SEPARATION. 4, FRONDS GAS SCRUBBER. a. NECATNE PRESSURE VENTILATION. 2. PROVIDE nRE SPRMNKLERS. F' 3. PROVDE OAS SCRUBBER. PROVIDE EMERGENCY POWER. $ PREPARE RMP AND CONTINUE TO UPOATE AS REWIRED 1 = M! /u11gm M Won Iy NIL N V" TO ssm$C f1"t m boa UlrtO'WOipW r `rR AN L w AD" ro mane as ! ULM F~ *LOWAT" DEC" TM I" r Ammonladon A decision tree was also developed for ammonia and Is shown in Figure e,2. Similar to the chlorination derision tree, if any significant changes are made to the existing ammoniatlon system, the City can continue to use this system and be In compliance with the current code as was discussed In Chapter 2. No AMP for the existing system would be required because the maximini amount atoned to lest than 10,000 pounds. i If significant cha%,se are to be made to the existing anhydrous ammonia system, the City must decide whether to incorporate Aernative ammoniation faciUtla or to mWntain anhydrous ammonia. The altemative ammuniation facilitla options ware all more costly than maintaining anhydrous ammonia as was discussed In Chapter S. 1 If the anhydrous ammonia fadlttiee are modified In a signMcant way, either by updafing the existing facilities or by oonstrueting a now facility, there are specific coda requirements that would have to met. The" requirements ere summarized In Chapter 2 and in Figure ` 6.2, Unlike the gaseous chlorine requirem", the Installation of fire sprinklers, a gas scrubber (whether storage Is indoors or outdoors), and an emergency power system are not required par the Uniform Building and F;e Coda because ar•'tiydrous ammonia Is not a toxic compressed gas, Again, the question that must be addressed by the City Is whether to oontnue using anhydrous ammonia or to switch to some other form of ammonia. Most of the same arguments developed above for chlorine apply to ammonia also. The dlffewoes would I Include a lower threat to off-alts oiNxens because of ammonia's tendency to to tighter than air. With a molecular weight of about 17, ammonia Is four tlma lighter than chlorine and I almost twior as light as air. Henri, when released, it Oil have a tendency to r1" Into the atmosp lere'nstead of sink as chlorine would. Mother difference be~ ammonia and chlorine le t .-0 rto RMP is required for the existing ammonia facilities, so the public won't \ have a char, a to review an nMPlan for this sham" as they will for chlorine. This is an argument for keeping anhydrous ammonia in "Moe at the plant, i , 1IIr~ C ~•nI K c u wwm d Duum~aaDrr IbnNl~[ ovtiaM.vemt~oe.«oa 6.0 1 I` 1 C I OAIIOLLA llNMtll~ CITY OF DENTON S SPENCER ROAD WTP .j AMMONIATION DECISION TREE d l ANY KANGES TO AMMONIA NO F' I BE MM ADTE W I YES W I MAINTAIN INSTALL NEW t 3 AAMMONIAUI AAMMMONNIIANNIIA~ I FACILITIES Q YES Q t ~ I OUTDOOR NO INDOORS W I STORAGE ag 7 o YES r F I FTY RE~LIR u AITS \ I 1. LOCATE >7S FEET FROM PROPERTY LINE 1. GROUNO STATIC PROOUCiNO EOUIPMENT. 2. LOCATE >20 FEET FROM OTHER OTHER S I STORAGE AREAS. 3. GROUND STATIC PRODI CNO EQUIPMENT. I~ STORAGE NO PREPARE AMP AND y <I g000 CONTINUE TO UPDATE !{W!~! POUN03 AS REQUIRED ~ T I I c YES SFr NO AMP REQUIRED f r FOR gITD0011 ICIIlIKl, RiOUIKYtNf! M[ M A001f10N TO llidlC FMK WOt IIIt0uM1[YOQ7 U{1!D M dNfffl! t. rr MDOdI IACK tf, KWKMOM AK IN ►WTO To PC" FN[ 4 89104 MOf KOUI ADn UM N DEC" TIDE 1 ~ c. 1 l r t Chapter 7 I RECOMMENDATIONS i 7.1 CHLORINATION AT SPENCER ROAD WTP 1 There are no regulatory requirements In place that dictate the City of Nnton modify their current chlorination system. There are Uniform Fire and Building Code requirements that would be necessary 0 significant modifications were undertaken that would require obtaining a building permit i The existing chlorination facilydes at the Spencer Road WTP are wen-operated and maintained by City staff. The staff Is familiar with gaseous chlorine and the associated equipment and is aware of the risks involved. The most likely scenario for a chlorine leek would Involve the failure of the connections/piping hetween the one-ton cylinders and the chlorinators. A chlorine leak could be limited to the Chemical Building with proper containment and the addition of a chlorine scrubber. ' The alternatives to gaseous chlorine all involve significantly greater cost on a present-worth basis. Of the alternatives, the delivery of sodium hypochlorlte solution appears to be the best cholce for the City as it had the lowest present-worth cost of the alternatives to gaseous chlorine and it Is the least complicated and most reliable of the alternatives. Adequate measures would have to be undertaken during the design of a sodium hypochlorfte system to avoid the operational problems resulting from the t decomposition of the solution. We believe that the City would be best served to malnWn the use of gaseous chlorine at the Spencer Road WTP, This recommendation can net be male to all water and wastewater utilities, but the City of Denton demonstrates a high degree of sophistication towards the use of gaseous chlorine with Incorporation of proper safety equipment and preventive malntenance proceduroe. Th e City's safety record with gaseous chlorine Is very good over a long period of use and there Is no reason we we aware of why this should change In the future. There are risks associated with the use of gaseous chlorine, but the probabilities of theso risks occurring we very low and do not justify the added coat of an I alternative disinfection system. The City should consider building a new Chlorine Building (Alternative 1A) to meet the current code and TNRCC requirements. Although the existing Chemical Building could be modified to most most of the requirements, a new faculty would allow 1W the requirements r' to be met. Because of physical constraints and separation of the Individual buildings, the - f t exlsting building can not be altered to meet every requirement The most significant say ey enhancement of the new building would be the allm!nstoo of tho separate storage end food facilities. The estimated cost of the new Chlorine Building Is $1,06,300 as was H X «,s 040 0 ,04,442A ;or, APMAt AW1n~ChV rod r't ) 01000 C. c• t ` discussed in Chapter 3. The new building would also enhance the convenience associated I with the unloading and loading of chlorine cylinders and would allow the some of the cylinders to be placed in the final feeding position upon delivery. This would help eliminate some the of double handling required with the existing facilities. Another factor would be the minimization of the impact on the existing chlorine feed facilities during construction. If the existing chlorine facilities were modified, significant construction would be required around the active chlorine cylinders. This would present a signifcant risk factor, A new Chlortne Building would allow the construction to take place essentlally Independent of the existing chlorine feed facilities. The City is contemplating building an ozone feed facility In several years to meet future water quality regulations. Also, since the area anticipated for the ozone facility Is the same relative area proposed for the new Chlorine Building, it Is our recommendation that the new Chlorine Building and the ozone facilities be combined into one building. Thls facility may not be built for several years; therefore, it is recommended that the cylinder Isolation valves discussed In Chapter 3 be Installed as an Interim Improvement. The Isolation valves would eliminate the most likely significant leak scenarlo concerning the connections/piping between the cylinder and header previously discussed to this chapter, 7.2 AMMONIATION AT SPENCER ROAD WTP Similar to the chlorination facilitles above, there are no regulatory mqutrements In place that dictate the City of Denton modify their current anhydrous ammonia system. However, the Uniform Fire and Building Code requirements would be necessary if elgnhtoant modifications were undertaken that would require obtaining a building permit. This would I include the construction of a new ammonlation building. Anhydrous ammonia is Inherently safer to handle than gaseous chlorine. The tftreshold limit value, a lime-welghted average which forms the basis for OSHA safety regulations, Is 25 ppm in air for ammonia, compared to 0.6 ppm in air for chiorine, Hence, humans can tolerate an approximate 60-fold greater conranUation of ammonia than chlorine. Furthermore, since ammonia Is four times as light as chlorine and twice as light as air, h would be buoyed up into the atmosphere In a spill scenario. This would likely odour before I the material could be conveyed off-site at ground level. Hence, the primary risk Is to ori-Me plant sts", I The anhydrous ammonia system has an advantage over the gaseous chlorine system In that no connectlon/Usconnocdon of the storage cylinders is required, Th Is faults In a r ' v lower amount of operations time for the system and rc•iuees the risk of operator error leading to a leak. The City Is operating the anhydrous ammonia system propetly and safely. M.1GwMnWMen OALH7UAOOIDMi1pRNPEpMPJNrIbDOiRGA1.MQE 1.2 rt , u 1 I Similar to gaseous chlorin, the artemativee to anhydrous ammonia involve signMeant additional costa. Fbth the delivered aqueous ammonia solution and the delivered I ammonium suit, solution alternatives involve signs lant capital oats and also have a significantly higher operating coot due to chemical costs. There we no RMP coats for any of the alternatives as none are required under the current requiromerm. We recommend the City May with anhydrous ammonia In the new facHION. The risks associated with this cf»miral are minor, especially to anyone off the plant oft. The current system is familiar to the plant operators and relsW* easy to operate, The altematives to ' anhydrous ammonia we expensive and can pas new operatbnal wd maintenance cheitenges, eeWJolly aqueous ammonia, ■ We recommend the City include new ammonia feed and containment fadite In the ` proposed new Chlorine euOding recommended above. N a new chlorine facility Is built, it la relatively eery to add ammonia foolIN" to that structure at minimal cost. The Incremental cost to add ammonia enclosure facilities Is $101,000. The enclosure would eliminate the potential hazard associated with the over•prmurization of the storage tank due to expose ■ to sunlight. N.x~ow iur~e~anuxnkwx~e ~.~oe 7.3 - i c I I u I i 1 I. i I AppoodIx A DoWed D*WpUm of the Aaump'And t ~ I L! / w•~ . ~l ff~ ti i I N ~ . Ode: IWXM M IA114 AM hr!d1 Mm wow hAdo To rMr f ` Denton HRFIRMP Study 4?GUOO File f a" of WN a M TFX: MUNlGAII SM01N0 r 216 E U&NNEY a OWN TEXAS WV f !d I J) dd6d2G0 r Or:YV rwF7))O134tS?9 ~ r'krker 20,1991 INOkFWv~w EIW Rao 9dr i17 D9W.IX 7!2)0 Attn: Aon 16o k PE hiecSpel Re: Oemal Awwptbor Hawd RodecdoWfbMlodiW Srdy Doa % )oak Abu nvrv of do wmotioa fa 008, b w $Y 1Nr. Tiro Fidw, & folbwlq c6" raft hard CeameJe am Uhlj(y EvaWW Cdrdtl Paraa4e Vda Uolr I A'et'ekrrCA RAW 31033 hmm Ammer Rood W M Dulm ud 1 Poraoerr Vilw Derr AAMI AVWW MaM flow Mr 141 ro4 (3 ym ovmM) ?IHroarr Vdea vow Darya Mart Mow Rar I! mo Pnk Mal Flow l do MO (c If you fore any operdoa or ngoln tLnhr IafeMruea plew k1 ar knew. Thao1 you fl Sincerely, r l w . A. ~ w~o /t 4 F ~ \ r ail 'Ordleohr)m Qw!!ry Srrolev" f i 1 i 4carOLLO I4 d; a7id h, xf;ir. frryaxei rr, yxdtly r.✓nfan+ R_ ■notn•ars October 14,1998 4782A,00 HRE City of Denton Water 8 Wastewater Utilities 901-A Texas Street Denton, Texas 78201 Attn: Mr. Timothy S, Fisher Assistant Director Re: Geri oral Assumptions ' Harard ReductiorvElimination Study Dear Mr. Fisher. We are performing various evaluations in acoordance with the soope of our work for the above-re"erenoed project. As part of these evaluations, we will have to make several economic assumptions and assumptions related to operation of your punts and the reset of utilities and raw materials. The Intent of this letter Is to establish some of these assumptions and allow you to review them prior to us finalizing any of the evaluations. Economic ano Utility Evaluation Criteria Parameter Value Units t Equipment Ufa (Evaluation Period) 20 years t Net Interest Rale* 5 %1yew Base Year for Economlo Analysis 1998 I General Contractor Mark-Up 25 percent Current Power Cost 0.080 SlkWh Current Gaseous Chlorine Cost 307 Von Current 105%Soln. Sodium Hypo. Cost 0.51 $/gallon Current Evaporated Salt Cost 85 9Ron Current Ammon Is Cost 590 Mn Current Caustic Cost (50% st'ution) 0.118 $Ab-dry City of Denton Labor Flats 25 $Mour *The net interest rate Is defined as the real Interest rate lose the Inflation rats. As an example, if the real Interest rate Is 8 percent per year and the Inflation rate Is 3 ; )ercent r per year, the net Interest rate would be 5 percent per year, u Indicated above. i t fj~ Tha casts for the evaporated salt and the sodium hypochlorlle are based on f conversations with chemical suppliers in the Metroplex. i I I i o c, 1 I { I~ j The 'allowing design and operational flow criteria were developed from operatknal records and information told to us by the plant stet}. These values will be used In the evaluation of the various alternatives for this project In general, the design conditions will be used to size the facilities, while the average con0rdow will be used to determine annual costs. Spencer Road WTP Design and OceraNonal Flow Crlteria Parameter Value Units Annual Average Plant Flow Rate 12 mgd Design Plant Flow hate 30 mgd Annual Average Chlorine Usage Rate 1140 WOO. MaxlmLm Chlorine Usage Rate 2,000 lb.fday Annual Average Ammonia Usage Rate 25 tones, Maximum Ammonia Usage Rate 350 lb./day Annual Average Caustic Usage Rate 430 dry tonal. Maximum Caustic Usage Rate 6,900 dry lb. day Pecan Creek MAI Design and Operational Flow Criteria Annual Average Plant Flow Rate 13 mgd De sign Plant Flow Rate 35 mgd Annual Average Chlorine Usage Rate 100 tonal. Maximum Chlorine Usage Rate Soo IbJday Annual Average Sufur Dioxide Usage Rate 30 tonal. Maximum Sulfur Dioxide Usage Rate 200 Ibjday ' Please r(Mew and comment opt the above assumptions. Note that some of the values are likely to change as we develop beltar information during the course of the evaluations and new assumptions may be developed. We would appreciate your onimsnts on')ese assumptions by October 23, it possible. Please call if you have any que3tions, Very Truly Yours, ;arollo Engineers Ron Joost, P.E. Principal ~ r e 2 an insert ' ~ d U i I AIYUMNAL ASSUMPTIONS ' 1. Building electlo l oat will be aMoxhv&Wy equal for all altema&08. Metering eloWcal ooet will also be equal for all aftmMO res. Both of these electrical beds are ■ very smart compered to the efectrloal bed of the sodium hypochiorhe generation ` process. 1 I r ~ I OLtO 9 4 CCr C' c, 1 1. I 1 App&Wlx B Copy of Scope of Work for thfe Hu&drEliminadon Study 1 `I w.I I t'(l+'~ i ~ t t EXHIBIT "A" Scope of Engineering Services Task Descriptions This project consists of two parts: a Hazard Reduction/Elimination Study (HRES) and Assistance with a Risk Management Plan Study (RMP). The purpose of the HRES is to evaluate options to reduce the risks associated with hazardous chemicals or eliminate the risks totally by using non-hazardous chemicals for the disinfection processes. This portion of the study will be conducted primarily for the water treatment plant; however, an evaluation of the existing disinfection process will be conducted for the wastewater treatment plant. The RMP pordor of this study will consist of assistance and review of the City prepared Risk Management Plans for the Spencer Road Water Treatment Plant ' and the Pecan Creek Wastewater Treatment Plant. The following are our proposed tasks for the Ha: and Reduction/Elimination Study and the ' Risk Management Plan Study with the objective, description, deliverables, and assumptions for each task. BeIoW is an outline of the major tasks we are proposing for this project. Taak Description Summary Task No. oesmetisn A Hazard ReductioNElimination Study B Risk ;Management Plan Study PROJECT TASK DESCRIPTIONS Tusk A - Hazard Redaction/Elimination Study II Objective. Review and analyze the existing disinfcction chemical systems to evaluate options to significantly reduce the potential hazards associated with the process chemicals or to eliminate the hazards totally by changing 6e type of chemicals used I Description: Collect background data regarding the existing systems and determine the required chemical dosages for esci; plant. Evaluate the existing chemical feed systems and provide recommen4dons for improving the safety and minimizial the potential for accidental releases Identify and evaluate applicability of alternative dlsin6cdon { processes for the water treatment plant only. Prepare a cost benefit analysis for each of the alternatives. I peliverables: Prepare a report presenting the data and analyser Wong with a recommendation for improvements or modifications to the existing disinfection l processes. The following specific deliverrtbles are identified: HRES k PUMP Tuk Deunpuora t 4 I ~r I. Report - Provide Svc (S) copies of a draft report for review. Following incorporation of the review comments, provide twenty (10) copies of the final report. I 2. Executive Summary - Provide an executive summary in both draft and final form. The executive summary will be provided as a section of the report and as a 1 stand-alone document (twenty copies of the final) 3. Power Point Slides - Provide a series of Power Point slides suitable for use in a presentation to the city of Denton Public Utilities Board and City Council which highlight the elements of the study and recommendations. The consultant will make two presentations: one to the Public Utilities Board and one to the City Council. Assymon iLL The City wifi provide the existing historical data regarding the chemical feed systen s, existing drawings and existing chemical contract agreements. TaskA Sub.Ta.kr Work Effort Descripdons: Suhtask A- 1: Project Kickoff 1. Conduct project kickoff'nr"dng to establish project goals arsd objectives, review the project decision process, define anticipated work deliverables, identify information needed to perform the work, refuse the project sche"e, and establish points of contact and communication, and determine the invoicing format t 2. Prepare project management plan grlde which will include: a) project objectives and priorities; b) rote of City of Denton, Carollo and subconsultants throughout , the project including staff assignments and project roles; c) contract work plan including scope, schedule, budget resource assignments and coordination requirements; d) quality assurance and quality control plan: e) management tools I• and techniques; f) reporting requirements; g) information sources; h) document formats including report layouts, and g) administrative procedures such as invoicing, communication protocol, formats, etc. Distribute plan to the entire I project :esm. Provide a copy to the City of Denton Projea Manages for inforrution purposes. I 3. Menage sabconswlmnd in negotiation and preparation of initial agreements. 4. Cancer and review available data and drawings from City of Denton and determine the adequacy for this study. Also. determine any missing or critical data information missing from this initial information. r HaES tit MIP Tuk Oescnphons E - lM i Stihtask A-1::Munthly Management 1. Provide schedule and cost control monthly updates for this project 2. Prepare monthly progress submittal and invoice. 3. Manage subconsultantsforon-going project coordination Including collecting monthly information for progress reports and invoices. Sublask A-3: Background Data 1. Site visits and inspection of chemical storage and feed equipment used at each plant facility. These visits will include a review of the current operation and I maintenance procedures, safety equipment, and employee training practices used at each location. The design of each process, the age and condition of all equipment, and the safety aspects involved with the transportation, unloading, storage, handling, acid chemical feed equipment used for disinfectoa shall be evaluated with specific recommendadoro for minimizing the potential for accidental releases from etch process. 2. Required chlorine, ammonia. and sulfur dioxide use at each plant facility. The average and range of required chemical dosages will be determined firm plant records. Design dosages (lb/day) will be established for each of the two plants' design capacities along with average dosages (lb/day) for normal plant flow conditions. I 3. Interviews with the City of Denton Utility staff to review the potential Impact of planned plant expansions. regulatory compliance issues, std other future I conditions that could affect recommendations and cost estimates. 4. Site condinons and space constraints for each of the two plant sites will be reviewed to idendfy possible locations for the addidon of scrubber facilities or other recommended improvements to enhance the safety of the existing disinfecdon processes. Site constraints and potential locations for the installation of alternative disinfection process equipment shall also be evaluated. Consfderadon will be given to construction retrofit problems, chetaial and feed stock material transportation, storage and handling issues, the instalWon or retroflt of chemical feed equipmem required power supplies and Instrumentation for monitoring process control and safety. i i HRES t PLN? Task Dexn{Nwru 3 E C I Subtask A4 - Evaluation of the Existing Disinfection Processes 1. Recommendations for improving the safety and minimizing the potential for acci.'r. tal chemical releases from each of the gaseous based disinfection processes used at each facility. Considerations shall include as a minimum: I I > Installations ofscruEber systems for bulk chemical storage tress and chemical feed equipment buildings. I > Existing or proposed improvements to active or passive mitigation or containment systems. > Automatic sprinkler systems for fire suppression or containment of accidental releases in chemical storage and feed areas. > Modifications to existing equipment such as direct cylinder mount vacuum regulators, the conversion of low pressure fed systems, or the installation of automatic shut down emergency isolation valves. > improvements to ventilation and exhaust faro within exlcdng buildings. > On-site and off-site ambient gas detection equipment. Suhtask.t-t - Evaluationof.UternatheDistnfectionProcesses 1. Alternative disinfection systems that will eliminate hazards associated with the transportations, storage and use of chlorine, anhydrous unmooia and sulfur dioxide should be identified. As a minimum, these altemadves should be evaluated based upon an assessment of risk reduction and risk bide-offs, regulatory compliance j I issues, process reliability and effectiveness, waste stream treatment and dispo-a1, 1 and all capital and O&M expenses.'i'be following alternatives should be evaluated at the Spencer Road WTP facility: (a) Spencer Road Water Treatment Plant > Sodium hypochlorite storage and feed "an with recommended solution strength. dilution system and temperature control strategies to minimize chlorate concentrations. > On-site generation of sodium hypoddorite with salt storage, brine make up system, brine water pretreatment equipment, waste strum treatment and disposal, solution storage and feed equipmenL > Ammonium hydroxide solution (aqueous ammonia) feed system with recommended solution strength and storage system design. > Liquid ammonium sulfate storage and feed system. > Solid ammonium sulfate storage and feed riven / HUS & AMP Tali Dwrpuons C ' I l Subtask.%-h -CostDcrclopmcnt t. The economics of each of the alternatives ;ncluding the current approach alternative will need to be evaluated The capital and OEM costs for all recommended hazard reduction improvements to the existing disinfection system shall be included into the cost estimate of the current approach alternative. The analysis shall be based upon a present worth value over a twenty-year life cycle and shall include as a minimum the following cost projections: I > Chemical Costs > Electrical Costs > Capital Costs > Operating(Safety Expenses > Maintenance Expenses ' Subtask A•7 -Alternative Evaluation 1. Process Comparison - The shanative processes will be compared with respect to meeting the needs of the plant, operational requiremenm space requirements, ancillary support requirements, regulatory compliance requirements, reliability, flexibility, and dependability. 2. Hazard Comparison - Safety and hazard reduction issues assrx'ated with the current disinfection processes will be compared with the upgraded current approach and the alternatives identified for each of the two facilities. i 3. Cost Comparison .'Mt twenty-year life cycle costs of all systems will be totaled and compared on an annual basis with the cost of the upgraded current approach. Subtask A-A - Rccommendarlon 1. The monetary, tangible, and non-tangible issues evaluated in Subtask A-7 will be combined into a recommendation regarding the hazard reductiomUzard elimination alternatives evaluated for each plant facility. Subtask A•9 - Deliverables I 4. Report -Five copies of a draft report will be provided for review. Following incorporation of the review crmtments, twenty copies of the facial report will be i provided. c NAES & PUMP Task Desmpnons t ' I I 5. Executive Summary • An executive summary will be provided in both draft and t final form. The executive summary will be provided as a section of the r,port and as a stand-alone document (twenty copies of the final) 6. Power Point Slides • A series of Power Point slides suitable for use in a presentation to the city of Denton Public Utilities Board and City Council will be provided which highlight the elements of the study and recommendations. The consultant will make two presentations: one to the Public Utilities Board and one to the City Council. I Task B - Risk Management Plan Study Obiectiv : The purpose a f the project is to assist in developing Risk Management Plans (RMPlans) and Risk Management Programs (IRMProgrants) for two City of Denton ('The City) treatment plants that comply with EPA Accidental Release Prevention requirements (40 CFR 68). Based on the RFP, our team understands that its role will be primarily one of technical assistance for thr. City Staff which will be developing the RMProgram elements with the guidance of a consultant with experience developing RMPlans and RMPrograms. Description: Unlike many traditional environmental and safety regulations, the OSHA PSM and EPA &%4P rules are performance-based regulations derived from industrial best management practices. While the AWWARF guidance provides examples ofprogram management procedures, it is our experience that an inflexible, compliance-driven approach to the PSM/ILMP program that ignores existing management processes results in unnecessary changes to existing roles, responsibilities and procedures and hidden costs. We propose a skilled team of individuals that will identify existing management processes to be used as the building blocks of the Fisk Management Program, where poseible, and provide examples where new procedures are needed. The City has trained some of its staff to become more knowledgeable in risk I management. Nevertheless, this will be the City's first effort to implement such a complex management program. Based on our experience. we believe that the City should use our team in the planning stages to identify useable current programs and to help I dc%clop work tasks and schedules. Once these tasks are defined. we can work with the City personnel to develop the R.MPlan and RMProgram by providing examples and advice as requited and by review of work products. I ! We suggest beginning the project by conducting a gaps analysis of current programs, practices, procedures and documentation that address the PUMP Prevention Program and emergency response requirements. For any idend6ed gaps. our Team will identify the tasks required to improve the safety management program and comply with the R.MP rule. This A will provide a road map for City staff to guide their efforts. HMS s RMP Tuk Deumpuatu 6 I t c We will provide model management procedures and example fortnats for implementation products for the needed RMP elements. City staff will then prepare site specific manrgement procedures and implementation products. We will review these products and pro vide comments. QeIiverables: None I Assumptions: The City will prepare all aspects of the FLAP unless specifically identified in th : scope below or requested by the City. Task B Sub-Tasks Work Effort Descrfpoloav Snhtask 13-1: Gap Analysis/Actlon Plan I . We will begin by assessing the existing programs and information against the RMP requirements to identify any gaps in existing management processes, procedures and program documentation. The effort will consist of evaluating the current status of facility management processes, practices, procedures and documentation against the requirements of 40 CFR 68 to determine where gaps exist. We will schedule a meeting at each plant or central document control location as necessary to review relevant process and facility documentation to: > Assess current operations and programs through detailed records review, on-site assessment, and staff interviews. > Determine strengths and weaknesses of current programs and systems and suitability for reuse with or without modification. To facilitate the gaps analysis. we propose to conduct a kickoff meeting / FNP workshop at the City of Denton offices. The purpose of this meeting / workshop is to introduce our team to the plant contacts and provide a detailed understanding of the project scope. the information required to conduct the gaps analysis, and to become cognizant of any specific issues or concerns at each of the plants. Where possible. we would benefit fnom reviewing existing documents in advance of the site visits to better prepare our schedule and interview queadoro and focus our on-site tours and inspections so as to minimize impact on the City employees' time and plant operations. Prior to the kickoff, we will provide a list of documents we will need to review during the course of the evaluation. It is anticipated that each plant will collect this information and at a minimum have this Information available at the start of the site visit. ! r HPE5 ti.WP Task Deunpuorw r c. M I When gaps are identified, we will dertne the tasks requited modify/enhance the existing elements for compliance with the RMP rey:dationu. We will prepare one status report for both plants using the results of the gap analysis to identify missing or deficient management program elements and program/process docemertation. rt will also identify the specific implementation tasks necessary to be completed to generate, modify, and implement pro^n elements. The report will summarize the needs for each facility using a simple tabular Action Plan format that will facilitate the City s review and guide in implementation. For each identi fled need, we mrrently assume that City staff will generate the work product I and we will review them; however, the Action Plan will allow the City to decide if it wants us to complete certain specialized tasks. If so, we can develop estimates for the additional effort and costs, if any, required to develop the pmr,gram elemenVitem beyond that defined in this proposal. Subtask- B-2: I mpleme n ration. assistance ~I I We propose to provide and review with City staff the example "Model RMP" management procedures and example formats for implementation products that can be used to address gaps in current programs. We will be "on call" to City staff ' during their development of work products to provide advice, as requested. We will then review City RMProgram and RMPlan work products and suggest corrections or modifications, as necessary to meet the regulations or to nuke the program more easily implemented We assume that the work products will be provided for review in three major installments-r) Managernent Ptvicedutes, 2) Hazard Assessment and Risk Mwa gement Plan, and 3) Prevention Program and Emergency Response Program products. ' The principal work products to be reviewed include. Task 5-23 rtaaagemeot Proeedum We anticipate reviewing management procc-'urea for the foilowing: • Management System • Safety information • Hazard Review i • Operatin° Procedures • Training • Maintenance i • Compi'sance Audits • incident Investigation / A • Emergency Response RRES t KM? TLA Descrspnons s o We assume that all management procedures will be reviewed at the same are. Task 8-2.2 Hazard Assessment I We assume that the hazard assessments (both draft and final) will be performed by the City staff based on the AWWARF Model RMP. We will review all worst case and alternative can rolease assessments using the guidance in the AWWARF model RJMP for water treatment plants and provide recommendations and one set of comments for the hazard assessments at each plant. We will also review and comment on the compiled information on five-year accident histories for each plant. Our proposed team is intimately familiar with the hazard assessment guidance contained in the AW WARF model risk management program for water treatment I plants. We understands the benefits to be gained by using it consistent. EPA reviewed methodology but are also aware of the limitations in applying the model PLMP guidance to plants with scrubbers or confinement buildings. We can take a ' more active role in evaluating the effed of confinement buildings, if requested by the City. Task 8-2.3 Risk Management Plan The EPA has published guidance on the information that must be contained in the r RLMPlan submission, including the required data elements and instructions fvr completing the RMPIan submission. As citurently scheduled, EPA plans to provide fected facilities with the software needed to file electronic submissions in January 1999. We propose to review the documents prepared by the City for submittal to j ' the EPA as directed by 40 CFR 68, Subpart 0. These documents will be reviewed ' for accuracy and completeness of the required Information prior to the City's I certification where required. Task B-2.4 Prevemdoa Program In addition to the above referenced management procedures for the prevention program elements. we propose to assist in the implementation efforts for these elements, as follows: > Safety Information For each plant we will review the compiled safety information for adequacy and completeness and provide one set of comaterim on the safety information . « I4} < i HRES s 1W? Task Deunptrons C : Hazard Review The City can complete the hazard review using available checklists, howece, we believe the City may want to complete the review with the assistance of someone experienced in hazard review, We propose to assist the City in conducting and documenting its hazard review. We will provide an experienced hazard review leader and scribe to conduct the hazard review with the participation of plant operations, maintenance, engineering, and safety/environmental representatives. > Operating Procedures We will review the format and Senowal content of operating procedures. We will also review the "a of procedures developed to verily that appropriate operating phases are included > Training We will make recommendations as to the content of a syllabus and schedule for a training program and sources of training materials. To reduce the effort required to develop the training program, we will use available manufacturers training mataiais to the extent possible and Include training on the developed operating procedures as well as the hazards involved with operating the system. We will review training materials developed by the City. > Maintenance Facilities must implement a maintenance program that Includes a comprehensive testing o-d inspection program, written maintenance procedures and mainte ce veining. We will review the oompiled Ilse of equipment subject to the maintenance program requirements to verify that all critical equipment types arc included (e.g. eonaina hoists). We will review and provided one se of comments on the idend Red testing and insrecton program requirements. 1 > Compliance Audit No additional tasks are required In the initial developtnmt and I implementation beyond review of the management peoce6n discussed i earlier. The City may want to include effort after complete implementation for us to audit detailed implementation (e.g., completion of maintenance and associated recordkeeping). i r' I It' V HUS V? Tull Oescnpeoru 10 I i> InekMat Eavadpdoa No sddidonsi tub ere required in the Inidal development cad I implemftwon beyond review of the msmoment procedure discuued earlier. I Tuk 9-2.S Emet• my Rupoue ProRam We mdeipste that the City will mdse the Emwowscy Acdon Plane (EAPs) bual upon the evaluedoa sod radon item idmd dW In the pps eeulysla task. We will wow and povtde one eat of commea on the revised ampocy scion plane. i I 1 HAGS A RMP Tuk DMIOOM I I I i City of Denton Hazard Spenoa luation f ROW WtP CChIcAnneNon Cost Eva I Alternative 1 • Bsootaas Chlorine Modifications to Existing Building I capita( Scrubber Cost InataR t.5 1 Chlorine Room F1WMfiQurat16n Chlorine Room Containment 40 Fire Sprinkler Installation Area, it' 2000 Coellk' 10 Chlorine Room Process Equipment 70 Ind. Shutoff Valves ' Ventilation Modifications S20.000 Electrical Power Panel Relocation ■ Emaroency Generator and Transfer Switch t Other Electrical and Instrumentation l Unloadin4 Area improvements 120 I Subtotal 0000 w/ Contingencies 20.0%1 1 08 0 w/ Adminlsiration Cost (Ind Engr) 15.07+ tit 16Y m I ~ i AMP Cost 15 000 =M" 0 Factor 13.M I Chemical (Chlodno) r Cost ($11041) 7 !8>i2 / 6 A~ Demand (lbs/day) 767 f Factor 4 .777 f Altematiw Cast • iI i City of Denton Huard ReductlorMirNnetlon Study Spencer Road WTP Chlorination Coel Evaluation Alternative 1 A New Chlorine Building Capital Scrubber I Cost Install f.b Building ` Length 60 Width 60 ' Cosy sq. IL 100 r- Mrs Sprinkler installation Area, ftr 2,600 Cosve i0 Chlorine Room Process Equipment 100 Electrical Feed 6 Distribution t Emergency Generator d Transfer Switch Instrumentation Site work 150 I Sumotal 1 1 000 w/ Contingencles 1 3 w/ Administration Cost (inct Engr) 15.0 tii li88 % 9" ; RMP Cost $15000 Factor 43.777 Chemical (Chlorine) 7 1892 088 Cost ($Aon) Oemand (lbstday) 787 Factor 13.777 / ' . I Alternative Coat `J , t, E Sgencer RoaCRY Of Owd" Hww4 d W P Chlorination Cost Ev~illuatlon ~ ANsmat)ve 16 Sodium Hypochlorhe Delivery Ahemative Tanks 72000 1 cost d Number 2 Install 1,5 Pumps 6 Piping 5 Cost $15.000 Number 2 Install 1.5 Building Incl Electrical l Length 50 Width fi0 E Cost/ sq. fl. a1 i Total 7 OOJ Contingencies 20.0% 0400 Administration Cost (Ind DW) 15.0% 1606 460 Chemical (NaOCI) 6:466 16 Cost ($/gan SO.611 Oemand (gal/day) 988.65 I Factor 13J77 Chemical Savings (NaOH) -{619001 Dose (mo(l) 3.66 Cost(SAb) .116 ` Factor 13.777 Power Cost for A!C M1 MonthwYear e Cost (Wonth) 00 Factor 13.7 r Altematlve Coat 1600 1 \ _ r f r is I Cny of Denton Heaard ReduaOrAllminadon Study k Spencer Road WTP Chlorinstlon Cwt L"vatuetlon 1 AMemadw 16 wing Dilution WOW ` Sodium Hypoohlorite Delivery Alternative l ~ Tanks 144 Cost S24 .0M Number 4 Install 1 Pumps 5 Piping cost $12.000 Numtar 4 J Install 1.5 y Contaimn,ent 7 140000 ` Length Width ■ Coat/ sq. ft. o Water Softening Equipment 10 Subtotal 388 000 Contingencles 20. 4392 Administration Cost (incl Engr) 15.096 5806090 r1 M ■ Chemical (NaOCI) 488 10 Cost ($/gal) 61 Demand (gaVday) 7 1 Factor 13.777 Chemical Savings (NaOH) 13 t101 Dose (mg/L) 3.85 Cost (SAb) 18 Factor 13.777 Attmative Coat 71000 r r c. City M Denton Hwxd Reds ctfordMiminatfoo Study Spencer Road WiP Chlorination Cost Evaluation A1tsmad" 1C I on-oft Sodium Hypochloft Generation Alternative I Cankal Generator S Cost 350 000 Number 1 Install 1,5 I Mixer 1 Cost $7.000 Number 2 Install 1.5 ■ Softening System 198 950 ` Cost 131.300 Number 1 Install 1 NaOCi Storage days) (h) 1 30 Width (ft) 30 Depth (ft) SO Volume (gal) 87 320 NaCt Storage (30 days) Length (h) 0 YAM (h) Depth (ft) 10 Volume (gal) 29 Building Incl Electrical 1 t.ength width Co$V sq, ft. 100 Subtotal 050 wl Contingencies (°b) 2' ,0 1 w/ Construction Markup 5.0 1448 075 I wl Alm I nistration Cost (incl Engr) ('r.) 15.0 i/ M4 M8 t,rr+I` h I ~ . I I 41~ 4 Chemical (NeCA) 143 j Cost (sue) Demand (ton4sar) Factor 11 13.777 Softening System 179 Cost 1 179 Power (NaOCI Generator) Demand (t(WJday) Cast (s/K4Vh) 060 Facto. 13.777 Chemical Savings (NaOH) •tid13 1 Dow (Mot) 3.66 Coat Of) 118 Factor 1 .777 Labor (NeOCI Generator) 1174 17 Hours per year Rate (Smr) j Factor 1 .777 Aftemative Cost Ji I i "f 11 r G 1 I r!1 1 t I City of Derfton 111 Hurd Reduadon/EamMadon Study ` Spencer Road WrP Chlorhutlon Coot EvaluWw AlMrrntlw 1 D I On4ft ChIorIM Ow Gernredon A!ternedw R SCnabbe~ coo Install 1.61 Generator 250000 Cost 1.600.0001 Number inttaa 1.6 Mixer cost t$7,000 Number Install NaCl Storage (30 days) Length l 1 20 Wldth (ft) 20 Depth (h) t1 ' volume (gaq 41 t;BB BuikIng Ind. Electrical Length 75 Width 75 Cost/ sq. h. too Subictal w/ ConfirVncles 20.0%1 27010 w/ Construction Mark-up N 7 I w/ Adminlstratlon Coat (Ind Engg) 15.09 I C . c r I Chemical (Nact) C4d ($Aon) Demand (tonexyear) 848.00 ■ Factor 13.7 f Chemical (NaOH) i $0.1181 Demand (OWday) 220.00 Facto 13.m i Power (NaOC! Generator) Demand l hddey) Cat (SIKW-w•hr) 050 Factor 13.7 Chemical Savings (NaOH) 461 091 Dose (myl) 3.85 Cost (LID) 19 11 Factor 13.717 Excess ChemlcaU Sold (NsOH) d1 1 782 Demand (Wday) 2,000.0 Factor 13.7 Labor (CVNaOH Generator) ® J Hours per year 1 Rate ($/hl Factor 13.m Softening System 1 178 Cost 1 179 AMP Cost 14_0 Factor 13.77x' Ahwnattve Coet I I --A I I I City of Denton l Hwrd fNduotbMllminaHon 6tudy ` Sp~ Road WW CMWM@Wn Cost bakatlon + Alternative 2 • Was-Cass Ammonia 1 ! No ModlfloaUons to Existing "m Chemical (NHS ' Cost($Mon) Demand (thalday) 137 Factor 13.777 AttsrnsUvs Coat 1 i r 1 . .:.11 .rtt~..~.1 I • t. • I r.. yam: I City of Denton Huard ReduetlonlElINnatbn Study Spenoer Road WTP Chlo ftdon Cost Evaluation Albrnaltve 2A New Ammonia FWIM" I Capitol t Building Length 35 Width 20 Cost/sq. ft. Fro Sprinkler Instatlation 57.000 Area, M Coet/t!' 10 Ammonia Room Process Equipment ■ L'ectrlcal Feed 6 Distribution S~ 15.0 ` Instrumentation t0 Site Work Subtotal 143 U00 ' w/ Contingencies 20.0%1 471 800 w/ Administration Cost (Inca Engr) 15.0° $107.3401 20 Chemical (NH,) 4203,234 DDeesmanndd (tis/day) 137 Factor 13,777 Afternallve Cost f 1 P , u CRY of Denton Hazard ReduotloNEliminstion Study. l Spenosr Road WIT ChWnetlon Coat Evaluation Alferned" 4s Aqueous Ammonia Albrned" ~ I Equipment and Storage Cost 174 f. Install Pumps and Pipitlg 587.404 Cost 282 Install 1.6 Elaclrlcal and Instrumentation [ cost Install 1 1.6 Containment Width Coen sr. e t Led' ' Subtotal 7200 W/ Contingencies P 940 w/ Admfnistratlon Cost (in4 Engg) 16.0% 330 Chemical (NH40H) 1141,08 i Demand cost pon) demand (bns/cay) Factor AltOM"Ve Cost , 1 100 1 r A 1 l: 1 r, c+ I City of ardon Hurd ReduotlonMIminatktn ft* f t3ponosr Road WTP Chlorination Coat Evaluation Alternative 2C Ammonium Sulfate AlternMW Tanks Cost 1 7 Number I Instep 1.6 Pumps d Piping Cost V5,000 Number 2 Install t ` Containment I r Wdthh Cow eq. It. ElocWAI and Instrumentation it Cost Install 1,6 subtotal w/ Contingencies 2 °ti 7 f W/ Administration Cost Engr) 16.0% 1 1910 ~ l 'I Chemlcal ((NH4)2$04) /050,40Q Cost($Ab) Demand (lbs/day) F i Factor 13.777 Alternative Cost Y ~ I 1 r l ' (1 AGENDA INFORMATION SHEET AGENDA DATEt May 11, 1999 DEPARTMENTt General Govenument Cd11 Michael W. lei. City Manager SUBJECT Receive a report, hold a disttxssion, and give staff direction concerning cable television rates for Charter Communications. BACKGROUND 'T'he city is certified to regulate cable television rates for basic cable service, equipment, changing tiers, and the hourly service charge. Under the recent franchise transfer agreement, Charter has agreed to file for new rates only once per year. The city received the appropriate FCC Forms (1240 and 1203) on February 26, 1999. 'rhe city has one year from that date to issue a rate order establishing the maximum rules that the cable operator way charge. The cable operator may, however, Implement new rotes on June I, 1999. If the city Issues a rate order after June I that establishes lower rates than those Change implements on June I, the cable operator could either appeal the city's rate order or implement the lower rates and Issue refunds to their subscribers retroactive to June I. The cable operator's role filing will establish rates to be effective from June I,1999 to May 31, 2000. In their filing, the cable operator Indicates that new, higher roles ate the result of "certain external costa (i,e„ programming), inflation, true-up adjustments, and incteased costs associated with delivering cable service, as allowed by the Forms 1240 and 1203." FCC Form 1240 calculates the maximum permitted rate for basic cable service. Form 1203 calculates maximum permitted rates for equipment, changing tiers, and the hourly service charge. A comparison of the cable operator's existing and proposed maximum permitted rates follows: Current Proposed 1. basic cable 4. mo, mo. 2. convrter(aa resin e) mo, mo. 3. converter (non-addressable) `C 797m-*. mo. 4. advanced analogue converter _ . mo, mo. 3. remote control mo, rao. 6. c an¢rag hen / ' 1. o" Ay Irv ce charge Charier's latest filing indicates that they intend to keep the tale for basic cable service at 59.441mo. Their f li,tg Indicates new rates fa everything else except changing tiers. Their filing Indicates that they do not ' i 1 r o , to Council Agenda Coble Rates May 11. 1999 Page 2 in!cnd to offer the non•addrrssable converter or the sdvancd analogue converter in Denton during the next year, however staff recommends that council set rates for these two pieces of equipment anyway, Connie Cannady of C2 Consulting has analytad the cable operator's proposed rates for converters, remote controls, changing tiers, and the hourty service Omrge, Her final report was not tir,khed in time to attach it to this agenda item. I have, instead, enact ed bar Interim report, dated May 5, 1999. 1 anticipate that she will provide a final report at the May 11, 1999, Work Session. OUION5 1, Direct slaifloprepereansolationapproving Charier'srates as filed. 2. Direct stiff to prepere a resolution approving rates as aotcrmined by C2 Consuhmg. ~~1LYL►~?1S?IY Staff recommendsoption 02, approving rates as detennIned by C! cunwIting. i ewoR &QUQ'YLRES:Ka(C.,.4SlNcoy+jk_goN Public hedind, Apri120,19", j F.ISS~fkitY~~]A2Y'L~ Higher rates would impact subscriben. City receives 5% of cable operator's grass revenues as franchise fees. Respectfully submined: i ichae . J City ag Prepared by: C ` 5.~\~i.9r If i hard Foste Ricr s Public Information Officer wp i Attachments 1. FCC Form 1240 2. FCC Form 1205 `ss 0 1 3. Report from C2 Consulting PitATt<rd»!t'ewnen Aatnd~ Cah4 Knee pubtk aeuina ekx 2 y.r y., A~ "A Marcus Cable February 26, 1999 FEB 2 6 1999 Mr. Richard Foster, Administrative Assistant City of Denton 213 East McKinney Denton, TX 76201 Dear Mr. Foster, Enclosed, please Md Marcus Cable's ("Marcus') Form 1240 and Form 1205 filings for 1999. Consistent with the prior you, Marcus hu elected to file for rate adjuatrnents on an annual basis purwaat to the Federal Communication Commission's ("FCC) MM Docket No. 92.266. adopted on September 15, 199S. The annual adjustment for bate service rates is calculated using the FCC's Form 1240. The FCC Form 1205, which calculates the annual adjustment for equipment sad Installation rater, Is also enclosed. Upon receipt of Ws letter, the City is notified of Marcus' intent to change basic service rates and equipment rates effective June, 1999. The rate for basic service will remain $9.44. New equipment rates can be found on the last page of the Form 1203. These changes are the result of i certain external cods (i.e., programming), Inflation, true-up adjustments and increased costs associated with delivering cable service, as allowed by the Forms 1240 anod 1205. Plesse be advised that all customers will be notified of rate changes at lean thirty days prior to the effective date, on or before May 1. 1999, in accordance with FCC rules. If you have any ouestions about the filings, please feel free to call me at (214) $21.7899. Respectfully submitted, Derdse M. Jones Manager of Regulatory Compliance and Planning enclosures 3 2011 turtle Creek 8ouievad, Sulfa 1300 Dallas, 1exos 75219 a (214) 521.7898 fax (214) 526-2164 t• I 4 Marcus Cable FCC Form 1240 Filing Overview Attached, (lease find Marcus Cable's *nnual FCC Form 1740 filing for 1999. This form calculates the maximum permitted rates for regulated tiers of service and may be updated on an annual basis. The FCC requires that the form be filed with the franchising authority 90 days before the date an operator intends to Implement the rate. Manua Cable intends to change the bak service rate during June, 1999 to the rate listed on Line I10 of the filing. The following narrative is an overview of the Forth 1240 and the supporting worksheets utilized to calculate the rates reported in the form. If you have any questions regarding the Worm stion presented in this filing, please feel free to call Denise Jones at (214) 521.7898. FCC Form 1240. Overview On September 15, 1993, the FCC cdopted rules allowing regulated cable operators to file for rato adjustments on an annual balls. When operators elect the annual filing method, the FCC Form 1240 is utilized. The form is divided into two time periods for the purpose of calculating the maximum permitted rate, the "true-up" period and the "projected period." 7'he truarp period consists of montha in the prior projected periods (in this case, Mar 1, 1998 through February 28, 1999). The projected period consists of a twelve month period, commencing with the month that the new Form 1240 rates are implemented (in this cane, June 1, 1999 through May 31, 2000). The Form 1240 Is a four page doceroent that summarizes the cotoponents of the calculation. It begins w.dr th> maximum permitted rates from the last Form 1240 filing and rolls them forward through die Q-up period to end with ttie rates In effect for the projected period. The rates in the we-up period are never actually put Wt place. They art calculated in order to adjust the projected period rate for any over or under charges incurred during the true-up period. As noted above, the rate listed on Line 110 of the Form 1240 is the maximum permitted rate for the twelve months banning June 1, 1999. 1 FCC Form 1240 • Soppordog Wotiu6eets The Form 1240 includes a series of supporting worksheets that calculate the following Information, true-up period Inflation, CAPS channel information, mark up channel information, channel residual, channel movement and deletion, headend upgrades (small systems only), ' external coats, and the average rate charged doing the true-up period A description of each worksheet is provided below. I 4 i t C. I I i V II k Worksheet 1: True-up Period inflation This worksheet calculates the weighted average inflation factor that should have been used during the true-up period. C)perators must report the official inflation factor released by the FCC for the time covered In the trut-up period. If the true-up period includes months in a quarter for { which the FCC hat not released an official figure, operators are required to use the most recent i, flation factor. Worksheetlr CAPSMerhod The CAPS Method worksheet must be filled out for both the true-up and projected periods. It calculates the per channel adjustments and costs of programming during the rate period, The FCC's going forward methodology governs the CAPS Method worksheet. The CAPS method Is elected when adding channels to the cable showcase tier and does not impact the basic rate. Worksheet 3; Markup Method The Markup Method worksheet must be filled out for both the true-up and p: ojected periods. { This worksheet calculates the rate adjustments associated with adding channels under the mark up method. It does not Include programming adjustments for the marls up channels. Worksheet L: Channel Residual The Channel Residual worksheet calculates the "residual" amount oi'the rate that is associated with each channel. The residual comes into play when an operator stoves a charmel from one tier to another, or deletes a channel. This worksheet must be filled out for both the hue-up period and the projected period. Worksheet 3; Channel Movement and Deletion This worksheet uses the residual amounts calculated in Worksheet 4 tc aeao+tr,t for chAL"el movement between den and channel deletions, The Channel Movement and Deletion worksheet must be filled out for both the true-up period and the projected period. Worksheet 6: Headend Upgrades 4 The Headend Upgrade worksheet Is utilized by systems that meet the FCC's small system definition to apply for rate adjustments sssociated with headend upgrades. This worksheet must ' be filed for both the true-up and projected periods. This worksheet is not applicable. vs t' 2 6 c- u Worksheet I: External Costr This worksheet calculates the external coats for the true-up period and the projected period, External costs Include programming associated with markup chancels, franchlse related coats, copyright fees, etc, Worksheet 8r rrae-up Period Rate Cha, ged The True-up Perod Rate Charged worksheet calculates the average rata charged by the operator during the true-up period. H is used to support Modules F and 0 of the Form 1240, i , w; t ~l j,~' \ . F C3 3 8 r , ti FodMd CmmunMbn CareNIN06. WrheovL DC 10661 App&M In OMB 70!04616 b FCC FORM +110 UPDATING MA%IMUM "R*rr1D 16ATIS PON N W ILAT1D CAM HAVIC01 Cable, OWWor. ;Cl6ArrC~eme a ~ r~anw or C1,N11Tur1N CnNl boulevard IF~,- Dan" .nc 4111 YES . _ 1, Do" We dlMp fmaNa a Nn/te han6fiiN ewhaly End a 101p116aMwnMF unO7 0 yn, 6arwNh1M hmwdm su6cfk WartnNkn below Ind MNOr lh6 u/odNM OUIDnumbfrAM: _ 771yp L Does We Olin/ twit!" a s4VW h achlea au Oft bul m ufl*4 aem"u"Iy unho? YES 0 yet, ema dM m$ W WW culoo below and complete " fnnc"tee oulMrlty 6 l1xmld n at IN town Of tltU pope: we 3.04" this fl l lm L oho oultlpN A•anahlw autlwNMat kf aHee4ted Cu, if ~ f t "ch *&ch" 1&0* and Woos Ow MewhI *8A&W lvft y Wmmebon MM FmcM" Awhaay Ww"blea: ~Wmed ewe FnrsoNOVAUOlaOy PGAM11 '7 11 L x!11 GKy I9-Is 1,S I~t ld4tlJi _ I y 1. For wW put"" to We Pam 1110 bale/ OW7 Pte*" pul on Or In /N epprepri* bec a Cm*wl Font 12/014 Beek Tlof x b. Amalded Form 1210 for Beek TW C. OAplnal Fo m t210 hx CPS TW 0. Amended Form 1210 fa CPS rot b I"Icale /M one yea I" puled let wt" "0 are "mono rota pN P1 e)aeE1d PWI04 _ M1M1 m Sa l SriSr00 Indlale Ill Ilnte period ter wlddl you an perfamM/ 1 bnwlq, vim TO L1M ImMyy) 7. itelus of Fmdow Fllbp of FCC Path 1210 (.n1a an S' te Iq appreprteM be>J a. h 011 N OM FCC Fans 1240 Memo In any Jurtedlat on? YI b, Me$ an FCC Form 1210 been Mk prsAN* whh N FOCI ~ dV",xWNdoll of "matMV4tov oww"ri) e. Hoe IM FCC Fan" 1210 been teed PmAo ly wrh h French'" A&dfpy7 Yl1 i - 0~"~ ~x d y". MW more dell of pee mod MOW MNp ® Sn+ W") l r r ,x 7 Pepet 1,60 WPAvollm FCC PonfM0Ae7Ilab i C Faa•nl lonmuNrsNOn1 f:OltYnl{alas, Walrwrgbq DC 701.1 "Myod by OMa 70.00613 1. aahu of Previous Filing of FCC Form 1211 (Mar an •i•!n me 0 aPMOMtaa box) A. Has 0 FCC Form 1210 bW pnvloay iad with Ny FCC? 7 NO W Y611. •rar ft date or AV mCN MCaM,,d ^1' fmnvd aayyl b. Has an FCC Form 121D baM preylowy iyd w th this FnncNshq AuthaNy? _ V. v[s NO If yea, onar N date d OW moal rh7xN ddrq~ , . 9. Status, of FCC Form 1200 Filing (Mal M a In ey aPMowlaa box) -pii--- J I. Has In FCC FMn 1200 bw pm4ously flW with Ny FCC? vet NO C N ya, snow Ow date road; C-~ (nK rrl b. His an FCC Form 12% bw pradousy Atod with iy Nuchl•uq Aufft? vc . 1 C' Cable PrW&MMeg taMaa CMIp4Mt 81111M M 'x' In No "WWI* boxy Na as AMd; ~~r j a. Is this loan baba pad in roopona• 10 M FCC farm 720 C&ROift? _VIA . N Yea, •nW ft deer or fy oMyaMC C-----`=-Jx 11, la FCC loon f 200 Mop Ineklded fMN Thy FNbq HD 12, /el•otlan of '001nI Fw~ Chat" Add ol•n MW*doaq (Mar an 'x• h 04 app•prlela beryl l r~ ! =heck nare f you an uakq fy orgkW Nee IMAFlINP MfT1100f. I O*M' Mra f YOU &1 1104 ft new. Mmud y rune tWS Men4M. N us" U CAP$ METmW, Mn you aaoad b %4w MOOCH Ibr rl OMM added during tM parbd May 10, IOW Is Doe, 21, 1001? v C0 - 17. HoadMd Uppaa MwwdoIM tr%tm Qe•nera nrM needy b N" raar.nbaM a p xpeAy a aaa alt lopaA nyr pAyppyand aNao1 M a•Mp'x rd 4 and eaaeCMhe Kr"Ah. _ CMdc lyre d YOU am a qua" drtul 11Yaam ueoq Ny ROMMnad Meade upgraa mNhodobpy Part I: PrNiminary Information Module As Malmum Feemlded AsM From Fravlous FNlno I tw+ere Man+uT F•rtMw 7t.r mob nwii rims Two e Module 5: tlupetriberehf}t lala a Fir A.NaeOauaaabuyyp •r rAQp 1 to, . e2 A.draq tlutae~aMip ra?nwiJO Mo/ i ~ - ea FI&rMad Arwop lublmarMp war Fi•ianed Paned 20214 _ aN ; I n I rmstlen LW4 I Uncounted iftw covow Mn 1710 0 17M of Undaw"d ROW U VANIed 0009M N.yoneig a 1w cw**e o 0000 G lrAa1M Fn.W rx TnMUF Road 1 prM 1 I a Dodo G hltedon rM Far T ro P FWIW N lyAw II 1.0011 `Gume rcc imbeor Favor - - 0ODb0 folio i ~ rr\ ! LOA 127 w1tt.Man FCC /aml tNO, A•y 1M1 c Lo I IadarlCena.unrtalbne CemMldWl, awrrlwn, 00 ia761 Appe•ad by 0ue ipeoaul Module 0; Calculating the But Male IN SIMI MCI 01 CNranlNHdxp Upylda pppp 04 CumtLrldrnel Cade aaumxl ap~>eil, V~ 07 Curran) CaWWfoOaptirl Ip am of an.re u.n„p MaIMd a.~ed - so diuo os Cw M OMnar Maw veal Jna OalMbn a•p wl (w 710 -V - w CvrM rnM17p H/mxM (10 odd 07 CwrM lMtan eWn+nf /o, r211 Clive R/1 gralaicsdaa-0wfl p,71e1 e ; ru~• p oriod _ Module !:Timing Infofmaflam _ 1 yxw fqe na~lpnaan/ 1•, a krwiufldne a 1aealypae. ' 7 e•7•, eaM Mddrbl E Y, xaax V MW u, 0'Y. ww It. al, e4 xN ll - 7 Nurdllr d1•onlRi h M TnMalf FMbd t ~ - E7 NwriwdMwN Oefwaan ale eMdTruWp PMod 1 end dV and d1Mmot radxl PeraO j [d Nunear d MVW M Tru►Up POW I NOW F& v+ebt p u Nunaar a Mega rnMlp hrbd ! kai4Me ~ 4Mbt p Module F. Manlmum POMM d Matt For Tru"p Fellod 1 e 1 ~d a F1 co" Mwgd Eelrnna Fw TN"p Mo11mu is so 000! F! kw" M" lsrw Fx Tn6U! FwW 1 Mu 11 so elm a Cram wow 0dwi urwo Far Tw-Up Fxb11 MW 411 Ik 1707 FI Tn"p pxbd IMdView fx 0 Woo a71•F r•rl•ril 10.1101 Fl d4aft 1aP'nlydMiNFUFF1rbd1pd•C7}rdj 10.0111 0 Wadara UppeN ea0nat Fa inr►Uo Ferbd I Mull ~ q OOOd - I Emma coo lynwe rot Tnmup Fwbd I Pft n fn )101 F1 TrwLptpmerl Far rnnllp Parted) a Maparm Rt•br TnallprxblrFd.r1•FI•n•rq N.son W-~ Module 0; Maximum For"I" d Matt rot Tru"o Mod Z t~-~_ 1 id 11111LANIOWN.-- W DR* 01 coouVowl4"MFWTr.+URPWNIMU4 ~ 01 Ma" M"&WWI FM T"-Uo Mad fMu al 03 ew MA" o4 w ""M for Tnrpllp Paled! {NV IAl - . 01 % p9e4o 7 RA ldlbb Far Yr Ww IDIKH61•WWl 1 - Mnedane.F,ardIN rnrwpParbllka'CaF6q c N011«d Upeed►epfan!Far TnrHIPParbd1"Il - - of t1w" Cob I1a o Fa mutt!/ pww 7 IwM n al 7MUp 340m" lx TNO-up Fated! 01 Mo Farm 4%b, TPAJ POW 3144-06-0"t-" i MM 1 Caul Iri W44 rdrW e • i r:e0. Art feel 1 r' u I I r.evd tamurkMbm tom N~rbr, N'a1laOM 0- M04 A"nK d by ow *040.d i Module H: True-U Ad -ytmem esioulatlert bud" a w F T - - _ I HI R(raw fpm PNbdt ,t6F,1~Od~ T'---- H7- Rrra1M rian I RY am- RMkr hk1 } 17 N.1 T - Ir.r~d,dr1 rlFl wilp MrwdrMR,uma~I plrMrj fllr,urw+! - Hr N'dnMR W P.,rd } AdAnNwy~.--".-"_ _ - _ = Air MMdFwn Pa,odrligRN AfiMdr~q y_..._-r~_~. NI ~4'.'Nw'Imm Ma Pvm RrfN Rr M,Od r!~'giLN ra NNwwttl Hi hAOd7Mfnm rrl dtlgDM raInWMI ~IFNq _ ~ ~ ± M«.a en Pt b1 r bWnmun IdM my-mm R. kmwl - - N0R~ ; wFian Mio/71nlAp`l4 for lnlMM Hie Mraw►mmmal Pam RMfor Pabd INMldW -Now 47hbE 7 PdWMmM Ndlypy ►a NWwI p„OaIq _ f~7 me. , w HI! Rarr4ynp rNM1JF,{dJ„w,bd - H70111 ruUP A*Ikl" pI3.H4-41.Hl.Ht1•H,q Irt7,,0077lr Hit knar9alMUPC4N,k ra tM RppMa Pa,o1 - 117,10!4717 Hu Ra'lrn~w4~Y++~wdpl,sHUl Mdodo Pmrl III: ProjWsd Period Moduli I: NOW "IMUm Pamlfldd Rdb d W; Dku 31 TWA if Ida'+I MAad S,ynwt Fa Pryidrd ~NM q 10 Or00 - 17 GN, AMnd WhM Igna1 Fa Pmjtyd hrbG (M1 d~ ~ r10~ H`~ro%►a,pd Ral~[aply /a 4d~ppr,(q.F1.p6.H "14 M.tdf ~iin~-"~p,"'anWardwbegHeeN~j kall N H~aNM UFe7dd 7pmrrd Fa 1~oNdrd Pried GYM q dp appp - if Gdanel Gan eprwt OF IioMcYd FrrledpAe ` p r!N it TMUI Hpirti For Pigrhe►ligd mar _ nl 4Aa--Mft FEW* Pmr><wPWW p4 16•0.1/•41 Nuu` r 110 QWnb 4.wee Rp Fa Pn~N,Md P+nK M.uo! Cdr1ff14ddORfMMRw„t lU~~FUOE TITtE 70. pECT}Ok t PI10u0R f011FEi1URl ~S C TITi jF, BfCTbN lO71 M I c9 fttnrlls4m* h m~ed In nos dam in 6w M+d odnd b did bW of R7 Ano*Nep! !M WW . . W w «,.'r h oW Mel. i Tun - - , Wrt,d dM tM! d OdrddR dd! fan: Cwdw xml. fddn.p« cl acw"Okme low yrmid rdldpROr,d rlurnEdr ru tv - I Aikmtmfl-~ E 1? 10 4 ldul Ib VMI wYen IGC Fam 1rr0.lur INd o U Federal C6mmunkalkns Commission, WWkgton, DC 20751 Approved by OMB 3060.0615 Worksheet 1 • True-Up Period Inflation j For Inrtrordone, tae Appendix A or Instructions For FCC Fotm 1210 1 N Period ■ e e error 101 Mace 1.11% ~1 102 April OI2% 107 May 093% 101 Jove 092% 105 July 1.00% 105 Aulurt 1,00% 101 scirimea 100% 101 October 100% 109 November, 100% 110 Dezember 100% III January 1,00% 117 Avm ~e InOerloe Factor ror irue-& FWW 1 1,0097 119 Mane U III Montt I I 117 Mona 16 III Month ly - _ 110 Month II 120 Mona 19 I!r Mona 10 122 Monall 127 Month 11 _ 121 Month 23 _ 129 Mona 21 116 Aven1e InOedo l Fectp roe lrve•Up P04W 7 / r lea;: Cape I LOU 122 WK4 v6rabt FCC Form 1240, MF 104E r t I I traderN Canmunka3ons Commission, Washinom, fx 20534 Appregd by OMB 3080-0SQS Worksheet 3 - Markup Method True-Up Period, Bask Tier For huuuetions, see Appendix A of Imtmctlons For FCC Fort 1240 r soup Period Prc~ftled Period Quuuon 1. Indicate the period for which thh wt rksheet Is being used IN in "X" in the appropriate bax.) Question 2. Indicate the fin for whlcb this worbW Is being toed. IN an 'X" in the sppmpriou bot ) Bssto TNr 2 _ Tier 3 TNr 4 TIN S ~ Question 3. How long is the Srst period, In month, for which titles am being set wIW this wmbheet? f Question 4. How long is the word period, in mnW, far which miss am belo$ w with this worksheeil + Own of turn of Lim Period Ch Ads Chenmis AdprsNmM Adder #4Yo1rrw" Agwtrn4M chew Jul u nsl 302 Man:h 02 GJIA 10.01 1 40. 303 April 61 Us 011 304 May U2. 303 June 33 -if's 60.01 .07 300 Juty6 _ 63 .3- 0 90.03 301 Augmt 53 $3.0 $4.61` 300 September 300 Oclober 310 Novdmbn .01 311 December - 0 00 .01 0 00.00 3 312 January 60.0 OIDDS~ 313 February as 1 10.03 0 314 AV&*" Period 1 MtMkup jutWnerN 315 Month 13 310 Month 14 311 Month 13 $10 Month 10 _ 319 Month 11 - 320 Month 16 321 Month 19 322 Month 20 323 Month 91 324 Month 22 323 Month 23 " - 320 Month 24 321 Avensp hASd 2 Caps M"W R"-"" 12 Pop 1 LOA 123 WK4 vor" FCC roan 1240, J* 111101 I tt FMerm canmunwaav Castndtsbn, wesMnglcn, x 2005/ _ ~ kpovea by oh+g 30EO4005 i ~ Worksheet 3 • Markup Method Projected Period, Basic Tier f For Mstruedon 5 set Appendix A of lrutrucNons For FCC form 1110 J i Queth'on t. Indkste the wod far whkh this worUbm it bet used True-Up Period ~ ~ ~erlod N (Put M •X. in dr appropriate boa.) Qwth'on J. tndktm um Ha for which thin worksheet h being wed (Put an')(• In the spp*ate bas.) x X Questkn J. How long Is dim firm period, in months, Ibr which stet us being net with this worhshatl Question 1. How Wir Is the second W4 In month,, for which rata are betty set with this worksheet? )--_J &n of sum Of Line Palod C." of R"W Clw y AMquibnMl C TOM Curnu4We r 302 June 303 JYty 304 Augw1 - 300 &Vwrbtr 0 - 300 Ocwber 30? November 300 Dtcemba b l 300 Jsmay 310 February all hlsrah 312 April 313 Mry Ott 314 Avew Period I Alerh f , i yr r 13 Poe I LOW 124 wKl Hnidn PCO Pam 1210, !dy 1010 t a u ~ I FWnY Cv%"A**km6 G %T4 WDf , Wnhwgtm , OC 70054 ' 1wow LF OFN 300046" Worksheet 4 • Residual True-Up Period Tw Immiom we AM"t A of huowtfote Tw FCC Fan 1140 _ Queroae I. Mcw to VaW 6v ehkk ft roAoteet Is Web and (he w V h Be oppoplito lw.l Tn LU Woo hejeclef PWW ~ ~ C d 1 rM timNOvlptlon 60* v~N7 TIW3 TIN4 T .~._J Wed OrA 401 Avwop Pem N Chvp NSON' 407 AvW*PEahmelCoW M3N6 100 CNnrk AotdeO U Cep1 14 101 AWW TIN Re"M R01-t024001 "Am . 105 AvWW OWo*k pN Mp *W TIN 76.0000 406 Avbpe Cep 6le0 , ChwWe pN TIN 0 m r 407 AnnOe Rm th CIwvMN 1406-" 1{61M 406 AYMP PNbb I FN CMVM %"W 14"071 61.%161 406 Am%4 Pei I C" 410 Am"& Exto ComW 411 CA~w A6naea,MMNdtNW%F N7 Avenbe TW KOS" (40641041!1 116 AvNebe CNwv*o pN RepAAW TIN ' 414 A wsp Cep{ MMtad ChNeWe pN TIN 416 AvNSp hialdpChmkI03.41q 416 Awepe PeeW 7 Pw Ch" RWdA 141 714 1 61 ' i 1 I 14 Pep 1 UM 177 WOO v~ 1 CC f '.10, NF ION (i M Q~ Fed" CamWrkatlonf CortunilNaL. . _ _ ~ I WO&NVtm DC 70661 App M bF OMB 7000-0686 Worksbeel 4 - Residual Projected Period Q+fYSnn I. lnmab dr POW & rbkh ft rv&W Y being and (N nn V in do Vpropr(ere ben.) Tru vv Pwiw Re*w?"w u`^! _~-IIM DNaIpOM 90419 Tier I PMed OM W+ Awoe PrmIOW ChMgf gAk'~t ~ 102 Awe88 E■UMW CoW !8.!118 I0 uebrnlnl~dMrY1/ 1M TIAMI 101 Awpe TW ft"A 14014024q 81J7M ON Aw.ea CrwtWp pw FM-WME TNr 26.0000 WAY; 1 UP W hodCWW W WTW 0.0000 107 Aw1/1 %m M* Chavrh I10O" 21AW 108 Awn11 PMpd 1 FW Chw4Ib11Oud 14"V I MJ11/ 1 w i t ter C 15 Pod + LOW in WTiA wlbn FCC ram 1210 Ay +161 c c. I Fed" Cornntunicakno CwrinUort. Wa,MnOton, DC 2OS84 Approved bf OMB 2000-0666 Worksheet S • Channel Movement and Deletion True-Up Period, Basic Tier Fa itoructions, see Appendie A of hutnxdrnu Fm FCC Form 1240 Quenon t. Indicate the pcriod fa which Ws worluhm it bein0 und. (Put an'%• te the approprla t box T vac od pmJected Kri; d- _Quenon 2. Indicate the tier fa wh&h this worluheel Is balnjuwd. (Put an •X• in the bpro ate a _box_.) BnTe _v T ~ Tkr1 TiaT__ Tbr4 TkrO~~ Quenon 7. Flow long is du finf period, in month, for which rites are bein0 set with this wortxhttO 11 _ Qomtlon 4. How lont Is the sxond ptrtod, h months, for whA rites an bein4 at with this wmtshtet? 0 RMlduat of ChatiaWs A"ItIvail of CNWAWa Nat Fwtlhonw cow Cumtdadve Net Lino hAod Wit l d from TW added) to TNr AdluMnstadM~e (oF~ nn I - Pa~MtwMow 101 1-01011011 Moo Ou'10941111 602 Mann so MW -10.x` - ~ib - 607 April W.M 504 May - - ` 00111- 505 JUN S3b3~W _ c I 605 July -X60000 SUM 507 August - - t OW _ _ 500 september 03W saw S0.0111001 500 Octobtr i-50,0000+J -H.Obb3 350 November -bbd S11 Deccmb f ;~bb36 " 15("3M) $12 Jsmuary 514 February 114.911104 $14 A WW PfeWd 1 Chwww in~sifit ern r 513 month 11 510 Montt 14 Si? Month 15 Sid Month 16 $10 North 17 520 A,mth 15 521 Montt 10 522 Month 20 - f 624 Month 21 - $24 Month 22 $25 Month 22 Std Month 24 52 f AvOW Period 4 Chdin~~~ J r I-As' C 16 Pt pa 1 LOU 123 WO vwtdort FCC Fttmt 1240, Jtly 1000 C U Fod"I Cammuniwtloiu Commiwlon, Wasli ftlo i, DC 20554 Aplme d by ChS )OSO.0545 Worksheet S • Channel Movement and Deletion Projected Period, Bask Tier Fx know, dae, ea AppaWi a A or Ineirwilaro For FCC Form 1240 Question 1. Wicaw the period for whkh this woriuW Is being uaed(Put m'%' In the appropriea boa. True• Perio ProJaal~ Quytton 1 fadleaq du dot for which this wurluM t Is bolo uuld Pul an'X' ht d+e ro 4 boa 4 a TNr2 TNr] 7 TW4 1W3 I! X Question 2. Haw tong is the Rml period, in month, Ox which tutu a belts ut with this woruhno r 11 Qumtion 4. Hove tong Is the second period, In mnOw, Por which mw we being ut with this worluheetf LMU Ptatlod Mehlwl d CMtxnlg RwidteM of CPUerttrlo ~ nwt f ►a<I Cod D*MW Fn m 1W Mowd 0609M M to TNr 1) y W1 rm"ow 502 hoe WOM 502 July SUN) HIM 81111.4110 t $04 Aupp do September _ we Ckbber WON So? Hol WON $09 Drainer H.Wo 509 Jw wry S1O pebiuery Y (~d9~ III March Aim so. x, J Sig April - 1 1 $13 May - - r du A Fwlod ehMt MOV410101111111 61111111 DOWN ~t ~Illis U i 17 I Pops 1 Lblr 123 WK4 9ttglafl FCC Farm 1240, J* Im l1 Fedwei Co Wkaft l CammwekA. w.aw,ebn x zoo AP"Ad III Ow MUM Worksbeet 7. External Costs True-Vp Period ►a wrewdar, w Apgedia A of 6Wwdow pa h L' rvrw -140 Trr Ly pakl heiaW pwbd Qwda I. par wild dia Woe we ya opine we ,M' wafAW IN MW w be q►rw" bal X Q•nda 7, How bed k 6e f" It" In vuedw, Fe wbkl min w 6dee w7 wi6 616 wwWwl 17 QwNa S. How bee k 6e woof par" w ewe6a br wlkl map w Irwp wn wl6 66 ww6Mn• ~ i !Uw um bar"" _ Ink ro 1 TMr 1 -~L7_w f 7M! Pawl" I Eltersal ChwovMeE rW1uNA for Marbwp~ Nk MFar 6 od TwPOW 1 SN a {ff.10110 1E, owwl w a Few w a 101 9% cam us% a . M b" Itl 91krul Cab Na E k hr Mlrlle w s M7 Fm1ftwA Rolm Campo Perot M a w e a I&I 110 MwYy, Mew►rrM eewrW Coa fa Mel l IIJIM Eltru choeW~sw.~~~baerarMut 111 ~MYVSN L~wf Meebp~e6odAYd~eVli►ta tlr lewrrdrlw Cawn pw M►u1d tl l Copryrlpt pw Fr prfel 1 111 I.wwel cub ills" pr 1d11 Mw►y tip Poked L1010""COM r Erbr"I Cab Not all l Ikk for Msrkep M CallyfeamaTm lT.Ti' 111 IF - le3wrd Cawpapwfd ill ConwiWfa 16ee41or7►w ►r prbl 711 Tows FAWW call Far pow 730 Ma". hrlebrrbw bow" Caw ra Pow I 1 L i Ir r ES Fred I LOA 123 W11 avidee FCC pale telo. M 1901 iedwW Comm wkMbn Ca walm Wao .k DC 70561 A~VWW ty 06N 70100616 WorkWtt 7 = Eateroal Costs Projected Period fa hae dw, eo Appaffia A of NWwdm fa FCC Fa 1710 _ TrwUP lvriel ►rojaud feAd Qeadoo I, Pa wik7 der WA K la 6011 m W wwMlw{l (fat mw k M smegr4le laLl X Qea60 1. Now Mel k me 6nl PWA k omdr, to wbki raw m Mel w wlr W walWaM I I Qn.dN 1. Now lap k 69 wi WA pwiA Is m *L Ar w%A nw m Mel w*A 64 eaWad 1 Ur Ilaooalrwm 44 Ter -I TWal TWd Tlal itKf dl 1 f 0 1ie. AM~lhoreYI V* mb* MAMde1Pk YIYNd W,Nd.fl >DI M e'i"t`awt w a Pfrw la a 1 e a !KM M e`w fft Lafand Cow NN C k kr Mari r 101 ow a a6 6T-i ~,r7-Tw a '1a"ao ToWbWadCaft s I1 110 Mafdl,Pa leleapa LMW MPa ►aloll low t k ' V 19 Aefa 1 L46A IM WIN rwdM FCC 1 V" WO. III' 1fM o I u fed" Cwwunkstws Comrt iosbrn WHNnplwn DC 20551 Appowd by OMB 50113414d Worksheet 8 _ True-Up Rate Charged For buow;w r, IN Appe"s A of Ieutnx m For FCC Fmm 1240 Question f, Now Ions 4 tM Iro1-Up 14riod I, in moadwt 18 Question 2. How lung 6 Ow Vue-Up Twiod L In ow uhol j 0 1 LAr WI Manh S9100 802 April 191800 to) may $91100 W4 7we 19,4400 WS July so 44M 105 Augur $0.4400 101 5eptembr 194400 101 October 19.4400 809 NOV"" 19.4400 110 bm"Ar 59.4400 811 2enury $9.4400 112 rebury l9.4M0 { 112 rertod I Aw w Bar l9.f j 114 Mond 13 III M" I 111 M" Is I1 Mond 11 J 819 MOr A IA 120 Mom 19 121 MamA 20 r 1 122 Moo 22 121 Mend 22 124 M"21 _ - j 12I Momh 20 Ind mod I Areng4 Rees i ti 11 1 r i l i 20 r,1/ 1 L" 922 W1f4 rr9kn ACC rrm+~45, AAy+911 1 c. . Marcus Cable Associates, L.P. t 1 M Form 1240 Filing - Additional Information A Attachments Denton, City of TXOHO 1. Rate Structure: Marcus Cable plans to Implement the followlq rate structure at the beginning of the Projected Period: Bask bseria Rates as of June, 1909 $0.44 2. Chsn"Ardit. Please refer to the attached channel tinsup(s). 3. The following schedule details programming coals per eustemw for the tru" A projeobd periods. (Pleat note that the CAP$ amount reprenMa both the programming east plus the S.20 allowed per ohannel.) auk Sam" Beginning of the true-up period: $03632 End of iha true-up period: So.. 80B 8eginning of the projected period: 50.3908 End of the projected period: $0.2988 4. The following schedule details franohlse related costs per customer for tie bv"p d projected periods: Basic $KVI s Tru" period: 50.0000 r r Pro*-Iod period: 50.0000 t 1 C Type: Na r~ Calculetion: Na 21 j { j 0 U I i 1 r MXraw Cable AXAMMb1. LP. RI" Chamml Lh*yp DWA* 0r1rI. TX i, la W Xr2 71, t1M Mndrd: DWOM TX Mule WA COD Mun11r: TX0"O Ilyubbl MMMw: C1y o7DXant TX Ch. LIMQ► CANd Ytll 111"M1L Show" PmSuomw"bm WA WA WA CW "C*W* I I 11 KDTN P" I Oraat TX IMI&M1 MMt 7 1 IS KTXA UPN 71 rt WWft TX Ink 21 I / 11 KDFW FOX A Wish, TX CAPI (Tae belt S71 Orm 0 I. K 1 61 04N/C6Pttk^Tx tow (vie OMkso r1r) 0 / 1 II KFWO IND It Ft WnOt TX ToWwAlt GNAT {rear Seek /r1, mv) 0 1 N Ollw DMx Khl1u11 0 7 N Omr DMX low st"#"A seek to 1 IF OOMr DMXfUNW Cbft"M GW Me 1 w to /TAANIT PPV fA%4M NOMOWS IF 10 N P mot CAP1 I Ii IA P STAMP tow t 17 is P SNOW MI" J 11 11 I MAX T Cdb PON"* N 1 IS It P F,NCOM 11110Prw01row I 16 I I 11 WON hrlhwnY o 11 II 20 u KLOTM MOAK TX II 21 IS C,4PAN UWA 19 tar 10 11 11ad AAwIWMT SWAM LML 70 7 SI KOM TSN IS Ddla, TX Be • Imsepod seek 21 1 11 WPMWIOAK TX MAPS •/Mk CAP! 21 1 II xDAF W1 b DMAA Tx IM .OMk IAb11 27 10 IS KXTX ND N D11111. Tx 1440 • Irk Ilbx Owuld dMI M YIr 24 11 SO KTYT CIS 11 Pt WrOt Tx w101 M7 or 11Ar IM 26 12 SO P*ffM I/AL & II1b II111A11 M t/1 17 SO KIM PIS I I DdM. TX Co 0 Cobb wwatow 77 27 IS KLAM MID 71 Orlyd, TX VrhWM CAPE A CI CAM CAAN1d 26 II N Mrer Ch W Ml I. SON Ch1MiC1 Chrrel SMd wN 20 26 IS LOW CAP11 4MA 70 26 IS OuvW W AO A000 AM" MSro9MM Chow"I" Chrrr► Id11 X1 b1w II 77 IS KDf1 WV D" TX 1d of IM7 at 0* 1M1•Sh M CAN ei101 72 21 IS PRO NOM Cdr NIL TX II.IMAM >N 10 IS "Alex NO M DO^ TX ► • P07RIr14,TA / H 20 ► VC tPPV 4"ale"110ahmeTw IS 71 P VC I P/4 WA • ChrrM Ak NI1111►M Irddlll IS 77 P VC 1 PIN CAIrMI Capow 77 I] P VC 1 PPV Oft a ChwM1 uM1 b hAMXM Mw N' I/ Be KMx NON N to 111Mrm611(SI MI1 bM, M U P HI01 Mmwlr blq 1b.1 10 700 N P HIO PAM 11 IF P SHOW I - 42 H CI DOPPLIN XI N CI WUTHIX N 40 CI Mimic AS 770 01 CI CNN imen im 01w" alleviation. Al 42 to CNN44N m*w POW 111i11d in Ime lk*wt 47 U CS Child 1101I[4IMk• AMINI. Writs low hmISeC1 KI XI CI ISPN2 U N CI 19" M AI CI NT =111= 11 4? to FOX So" Still It AI CS POX FAMAT N N CS USA II N to TOC M 11 CS AMC M 12 CS All y or AM M CO LWIT" u u n~ .uuw / i n 22 i r u k Marcus Cable FCC Form 1205 Filing Overview Attached, please find Marcus Cable's FCC Form 1205 filing for 1999. This form calculates the maximum permitted rates for regulated equipment and installations. The following narrative is an overview of the Form 1205 and the allocation methods utilized by Marcus Cable when completing the form. If you have uty questions regarding the information presented in this filing, please feel free to call Denise !ones at (214) $21.7898. I FCC Form 1205 - Overview The FCC Form 1205 is used for computing equipment rates. It Is a modified version of the equipment schedule In Put III of the FCC Form 393 used in Re-Reguladon I. All equipment rates must be priced on the basis of actual cost. Cost is determined In the form by developing an "equipment basket" of costs for installation, repair and maintenance acdvides, and a "reasonable profit" presumptively set at 11.25%, plus Income tax, The aggregate figure is divided by annual service hours to yield an hourly service charge, known as. the IHSC " Charges for installation and maintenance of equipment are based on the amount of time it takes to complete the lark, multiplied by the HSC. Charges for equipment (i.e., converters and remote control units) are intended to recover the capital costs of the equipment and the average maintenance coat for etch unit. Hourly Service Chinn Calculation The figures shown on the form were computed by using actual installation and maintenance hours as measured from service reports. Asseu and coats were allocated tj the "equipment basket" bated on the average hours spent on "equipment basket" item r. Equipment ate . t +t rion Equipment rotes are broken into three categories: remotes, non-addressable converters, and addressable converters. The rates computed on the form are dedved from the Actual coat of tho equipment leased to customers. The cost and number of uniu reported are at the company-wide level. Maintenance and service hours were obtained from service reports. i k ~ t,•,~ r, e I 23 o cl hom C~ C. l w I s t Well , owN lb mM FCC JIM Im lR{IYOOO W U}p w}1VM NIDMNU IIUICfMI• ~ 7 wwiw~ ~IwIM YI.V IIRtlIWIyr rfA. Wr.p~Yyf~"--~- w.rrr lYww Wrrfi C)^I•I FF.IITr lll~ll~lMlP w ]r PCr Orl• !r ,Til• ~ YY•.1 tlwrPti PCYI`IW Iw IYy 1a WrR M4 TrIIWW IIr. I g4F1 I y/Ld/rrrlr.q Iwo r rrr+r..rw•.r.l~l... r o r+ Iw tll I 4hWYM1y6Y WwY.MwryWllQ - CjYsq+M..~l@/~IMKa'M lpa•NX A•.Im Wr rl pw Yx M Im kt/wlsl■ KC Fw lollhrllr/NK a ©~wl.Yr we lr wNwl•rrlrrrw tM /.II.rY..IrYlr Ya.IW •rl W ILt lr lrrYwlrlrY ll.wllfl•r NO L rrdw do. AY Pr11P►Ib~ Y. rr/ru hilil YM I ~l one* IM hM.r.~rrrorYr,.. 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A11„wle Cwptl _ tl M [1wwY ltlwYe Gwr.rbr111rrr4rrrW 91wt1 Y IrY CYep r W ror Ypres m14 W W C41IIrYeN (Ywb1 bA P • Y M /,filallw rY I tin 2-05 WnalaFl UOIItLL'1 c1Vltlal YYr pn pw e r Irnrlre w.rp►IYpI r YeY.wwr V flpwlrrWrWrrrYwlW A.r.Ydaau~awrrrprrW erirt ~rtl 1 ro ~Mr Iw,I11Yw1 r W ,ureW A WY wYr AIA M I I rrrn aYr ao r4r M INlwwtSFaw,rl,ri ereip wr i+reYer • W errw rW err~w,rur~wee W rYW irgM YY ~wrlwllYrlWrY R, NO w11/141N1! RYfMRlYM4 DI ptl ICIY tllbAdA111 w IKA1ppFFptlpRlpR F'amM ertu i4 tlllvl wll Ytwp bulplplK4waR 111Y R, tYe1r py ,NlYrprwerer lwsLr er w r IrwY.Ir crgw~ so" f~ kYwt'wrerw 1 e log { I I ,~1 29 10A I Ito rra vt RA Yr atl lltl t 1 c~ 03/05 99 wED 11:09 FAX 9727280212 C2 CONSUTING I~C92 4 WNSULTING SERVICES, INC. 7801 Pencrass (972) 726-7216 Dallas. Texas 75248 (972) 726.0212 (fax) Memorandum To: Mr, Richard Foster r✓ From; Ms. Connie Carmody Date: May 5, 1999 Re: NIP rcus Cable Rate Analyses I am in the process of reviewing the FCC Form 1205 submitted to the City by Marcus Cable ("Marcus') on or about February 2d, 1999. As you are aware, Marcus is proposing to increase its Hourly Service Charge ("IISC") from the current rate or S27.49 to $38.09 for installation activities; and increase of approximately 394e. Marcus proposes to change its remote equipment monthly rental from 518 to S 38 and maintain its current monthly rate of 53,22 for converters. Thus fcr, the following issues have been identified , 1 The significant increases in the HSC and remote rental are due, in large pan, to A revaluation of the assets of Marcus Cable Company, LL C. subsequent to the purchase by Vulcan (Vulcan Cable Inc. and Paul Allen) on April 23, 1998. 2, The number of hours used in computing the HSC are approximately 28% less than those reported in the last Form 1205. 3. Marcus failed to provide a rate and the associated justification Fir the monthly rental of a digital converter. ASSE I' 1'ALUATiON Subsequent to the purchase of Marcus by Vulcan, the financial reporting of Marcus r was changed to incorporate "purchase accounting This change restated the value ' ! fo•\ 81ced on the tndependeM Auditory' Report dated February 19, 1999 the epptical1on orpurchao accounting provides a difrereni cm basis on which the Gnaneral statements are and will continue to 30 t , u 05,03 99 %0 11:10 FAX 9727200212 C2 CO?SILTISO W003 AAey 6, 199D of the assets of Marcus based on the valuation of the purchase transaction. Pursuant to the regulations, Marcus is entitled to reflect these increases in its Form 1205 because these asv t values are reported on its books and records. For the operating companies that are included in this aggregated filing, the total increase in asset valuation is approximately 90,'. This increase impacts the IISC through the return on such assets and the annual depreciation expense associated with them. Although, based on the regulations, I cannot adjust the restated gross book values, there may be the need for a slight adjustment to Marcus' depreciation expense as annualized for the Form 1205. However, such an adjustment will not have a significant impact on the resulting HSC. DECREASE IN' NUMBER OF YOURS in its 1998 filing, Marcus reported 642,123 annual hours spent in conducting regulated activities. In the instant filing, the HSC is computed based on annual hours of 502,897; an approximate 28% decline in activities over which to spread the regulated costs. Based on the information provided by Marcus, part of the decline is related to the sale of systems in various areas throughout the country. However, approximately 90,000 of the decline, Iodate, has only been noted as a decrease in activity. Marcus has been asked to provide additional supporting documentation to Justify this decrease All other things being equal, the impact of the 90,000 decline in hours reported is an approximate 56.00 increase in the I15C R ILTE FOR DIGITAL CONVERTERS Marcus did not file a monthly rate for digital convener rentals. Response by Marcus representatives was that such a rate was unregulated. However, based on FCC regulations, ¢76.923. "The cquipmeo regulated under this section consists of all equipment in r subscriber's hr me provided and malntaincd by the operator, that is used o receive the h; Ic service tier, regardless of whether such equipmeat Is additionally used to receive other tiers of regulated prograntrulag senice and/or unregulated service " (emphasis added) Clearly, an individual with a digital box will continue to receive the basic service ' tier via such box even though it may not be required for such service, be presented +uhsequentia the purchame I 1 l 31 f 03)03/99 %ED 11:10 FAX 9727280212 C2 COSSCLri\0 Id<'i May b, 1999 y After raising this issue with Marcus, the Company committed to provide me with information to demonstrate Oiat the charges for digital converter boxes (within rates for unregulated service) are not in excess of a maximum permitted rate that would be computed based on the Form 1203 formula. 1 have Informed Marcus that all outstanding lnformation needs to be provided by this Friday if at all ss'ble In order for me to provide recommendations to the . 1 will keep you informed as to the progress of my analyses, Council by May i It, Please feel free to call me if you have any questions at (972) 726.7216. i I I 32 r a c u a END OF FILE I. { 1 j 1 w> ` ~I 1